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HomeMy WebLinkAbout10/21/1975 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA October 21, 1975 The City Council of the City of Costa Mesa met in regular session at 6:30 p.m., October 21, 1975, in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California. The meeting was called to order by Mayor Pro Tem Raciti, followed by the Pledge of Allegiance to the Flag, and Invocation by Mr. Tommie Sisk, Church of Jesus Christ of Latter Day Saints. Roll Call Council Members Present: Pinkley, Hammett, Raciti Council Members Absent: Wilson, Hertzog Officials Present: City Manager, City Attorney, Director of Planning, Director of Public Services/ City Engineer, City Clerk Minutes The Mayor declared the Minutes of the regular meeting October 7, 1975 of October 7, 1975, approved as distributed and posted as there were no corrections. Ordinances On motion by Councilman Pinkley, seconded by Councilman Hammett, and carried, all ordinances will be read by title only. League of Councilman Pinkley reported on his recent attendance at California Cities the League of California Cities Conference in San Conference Francisco, and presented to the City Manager a first - place safety award to the employees of the City of Costa Mesa from the League of California Cities State Compensation Insurance Fund. On motion by Councilman Hammett, seconded by Councilman Resolution 75-112 Pinkley, Resolution 75-112, being A RESOLUTION OF THE "Pilgrim" CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, COMMENDING DENNIS HOLLAND, BUILDER OF ORANGE COUNTY'S BICENTENNIAL SHIP, "PILGRIM', was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Raciti NOES: Council Members: None ABSENT: Council Members: Wilson, Hertzog Mr. Holland was present to receive the Resolution and the congratulations of Council. Public Hearing On motion by Councilman Hammett, seconded by Councilman Proposed Ordinance Pinkley, and carried, the public hearing to consider a Industrial Zoning proposed ordinance amending Title 13, Chapter II -1/2 of Districts the Costa Mesa Municipal Code relating to the Indus- trial Zoning Districts, was held open to the meeting of Held Over November 3, 1975. CONSENT CALENDAR: The following items were removed from the Consent Calendar: Item 21b, parking prohibi- tion on Corona del Mar Frontage Road; and Item 22, Tract 6508. On motion by Councilman Pinkley, seconded by Councilman Hammett, the remaining Consent Calendar items were approved in one motion by the following roll call vote: s AYES: Council Members: Pinkley, Hammett, Raciti NOES:. Council Members: None ABSENT: Council Members: Wilson, Hertzog South Coast A letter from the Newport -Mesa Unified School District, Repertory Post Office Box 1368, Newport Beach, in praise of the Theatre South Coast Repertory Theatre production at Killy- brooke Elementary School on October 7, 1975, for which the City allocated revenue sharing funds in support of this program, was received and processed. On motion by Councilman Pinkley, seconded by Councilman Resolution 75-113 Hammett, Resolution 75-113, being A RESOLUTION OF THE Ordering Report CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, for Street ORDERING THE CITY ENGINEER TO PREPARE.AN ASSESSMENT Lighting District DIAGRAM, PLANS, SPECIFICATIONS, ESTIMATES, AND REPORT PURSUANT TO THE PROVISIONS OF DIVISION 14, PART 1, STREETS AND HIGHWAYS CODE, STREET LIGHTING ACT OF 1919, AS AMENDED, FOR THE FURNISHING OF ELECTRIC CURRENT AND FOR THE MAINTENANCE OF CERTAIN LIGHTING FIXTURES AND APPLIANCES IN SAID CITY FOR A.PERIOD OF MONTHS, BEGIN- NING JULY 1, 1976, AND ENDING JUNE 30, 1977, was adopted by the following roll call vote: AYES.: Council Members: Pinkley, Hammett, Raciti NOES: Council Members: None ABSENT: Council Members: Wilson, Hertzog Reading Folder The following Reading Folder items, in the Consent Calendar, were received and processed: . Criminal The 1976 Region T, Orange County, Criminal Justice Plan Justice Plan, as adopted on August 28, 1975, also including the implementation plan, adopted on October 6, 1975. Public Utilities Decision of the Public Utilities Commission Commission concerning Application No. 55575, Pacific Telephone and Telegraph Company, for a permanent tariff covering the offering of 801A Dial PBX Service. Decision denying rehearing of a previous decision and modifications concerning Application No. 55599, Southern California Gas Company, for authority to adjust rates to offset participation in a funding agree- ment to secure certain rights to Alaskan natural gas. First Church of Letter from Bernard Wocher, D.D., First Cosmic Science Church of Cosmic Science, 12932 Malena Drive, Santa Ana, requesting the opportunity to appear before government heads and judges, to plead for an appointment to part time paid service in the area of rehabilitation, arbi- tration, soul analysis, and human relations. Trailer Coach Apportionment of Trailer Coach Fees to -all Fees counties, from Kenneth Cory, State Controller, in the amount of $16,649,398.00, collected during the period from January 1, 1974, to June 30, 1975. Mosquito Abatement Orange County Mosquito Abatement District District minutes of their 344th meeting held on September 18, 1975. 1 1 1 53 Local Agency Resolution of the Local Agency Formation Formation Commission of Orange County, approving an Commission annexation, designated Engineer's No. 160, to the Costa Mesa Sanitary District, located in the general.area of the south side of Sunflower Avenue from Bear Street to Wakeham Avenue. Alcoholic Beverage Alcoholic Beverage License application for License ' which parking has been approved by Planning from: Ellen and Franklin J. Hoey, doing End - business as Qwits Pub, 1562 Newport Boule- Reading Folder vard, C and D. Business Permit Notice of Intention to Solicit for Charitable Purpose Applications' from Mardan'Center for Educational Therapy, 695 West 19th'Street, Costa Mesa, by direct mail solicitation, Mardan Center November 1, 1975, to January 31, 1976, was approved. West Coast A request from John F. Lessard, West Coast Promotions, Promotions - 18147 -Newburgh Street, Azusa, for an antique gun and Lessard Indian artifact show at the Orange County Fairgrounds, November 15 and 16, December 20 and 21, 1975; February 7 and 8, April 3 and 4, July 31, August 1, and September 11 and 12, 1976, was approved. Optimist Club A request from the Optimist Club of Costa Mesa, 3400 of Costa Mesa Irvine Avenue, No. 110; Newport Beach, for a one -day circus to be held November 8, 1975, at 2300 Harbor Boulevard, was approved, with one-half of the license fee waived, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Raciti NOES: Council Members: None ABSENT: Council Members: Wilson Hertzog S.D.A. A request from S.D.A., Incorporated, 333 East 17th Street, Costa Mesa, -for 'a 19 -day extension, to. November 24, 1975, to Quitting Business Permit No. 305, was approved. Set for Public The following items were set for public hearing on Hearing November 3, 1975, in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa: Final Development Final Development Plan for Cameo Homes, Post Plan - Cameo Office Box 2990, Newport Beach, for 38 single Homes family homes, 276 apartment units, and a 2.5 - acre public park, located at the corner of Newport Boulevard and Paularino Avenue, Plan- ning Department designation ZE-75-97. An Environmental Impact Report was accepted by Council on February 4, 1975. R -75-12A Rezone Petition R -75=12A, Cameo Homes, Post Cameo Homes Office Box 2990, Newport Beach, for permission to rezone property located at the corner of Newport Boulevard and Paularino Avenue from R1 to PD -LD, Planned Development -Low Density. An Environmental Impact Report was accepted by Council on February 4, 1975. R -75-13A Rezone'Petition R -75-13A, Cameo Homes, Post Cameo Homes Office Box 2990, Newport Beach, for permission to rezone property located at the corner of Newport Boulevard and Paularino Avenue from R1 to PD -HD, Planned Development -High Density. An Environmental Impact Report was accepted by Council on February 4, 1975. R-75-21 Rezone Petition R-75-21, Cameo Homes, Post Cameo Homes Office Box 2990, Newport Beach, for permission to rezone property located at the corner of Newport Boulevard and Paularino Avenue from R1 to I and R, Institutional and Recreational. An Environmental Impact Report was accepted by Council on February 4, 1975. GP -75-3B General Plan Amendment GP -75-3B, amending the General Plan from Low Density -Residential to General Commercial, on property located at the northeast corner of Harbor Boulevard and Princeton Drive. A Negative Declaration of Environmental Impact has been filed. R-75-22 Rezone Petition R-75-22, Dan Arthofer, 1755 Arthofer Orange Avenue, Suite F, Costa Mesa, for per- mission to rezone property located at the southeast corner of Canyon Drive and Victoria Street from Ml to R2 -CP, into conformance with the General Plan. An Environmental Impact Report was accepted by Council on February 4, 1975. Refunds On recommendation by the Revenue Supervisor, a refund of $25.00 to Knight Heating/Air Conditioning, Post Knight Office'Box 190, Norco, on Business License No. 6141, as duplicate payment was made, was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Raciti NOES: Council Members: None ABSENT: Council Members: Wilson, Hertzog Grafius On recommendation by the Revenue Supervisor, a refund of $3.00 to Doug T. Grafius, 253 East 19th Street, Costa Mesa, on Dog`License No. 2284, was approved by the following roll call -vote: AYES: Council Members: Pinkley, Hammett, Raciti NOES: Council Members: None ABSENT: Council Members: Wilson, Hertzog Claims The following claims received by the City Clerk were referred to the City Attorney: Insurance Company of North America on behalf of Tom Quintin; Michael J. Doyle; Attorney Joseph D. Schloss, Sr. on behalf of Kenneth Michael Kiler; and Steve R. Petersen. Bid Item 289 Bids received for Bid Item 289, Labor and Material to Carpet for Carpet Fire Stations 2, 3, and 4, are on file in the Fire Stations Clerk's office. On motion by Councilman Pinkley, seconded by Councilman Hammett, the bid was awarded Awarded to Custom Floors, 11751 Cardinal Circle, Garden Grove, Custom Floors in the amount of $5,114.00, being the lowest bid " meeting specifications, by the following roll call vote:' AYES: Council Members: Pinkley, Hammett, Raciti NOES: Council Members: None ABSENT: Council Members: Wilson, Hertzog Bid Item 291 Bids received for Bid Item 291, 74 Handgun Revolvers, Handgun Revolvers budgeted item for the Police Department, are on file in the Clerk's office. On motion by Councilman Awarded Pinkley, seconded by Councilman Hammett, the bid was The Cake Company awarded to The Cake Company, 1200 Fifth Street, Berkeley, in the amount of $8,140.00, being the lowest bid meetingspecifications, by the following roll call vote: 1 1 1 _.._ 55 AYES: Council Members: Pinkley, Hammett, Raciti NOES: Council Members: None ABSENT: Council Members: Wilson, Hertzog Bid Item 292 Bids received"for Bid Item 292, Furnish and Spread Fertilizer 49 Tons of Fertilizer, budgeted item for the golf course and Parks Department, are on file.in the Awarded Clerk's office. On motion by Councilman Pinkley, Wilbur -Ellis seconded by Councilman Hammett, the bid was awarded to Wilbur -Ellis Company, 970 South Goodrich Boulevard, Los Angeles, in 'the amount of $11,793.00, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Raciti NOES: Council Members: None 'ABSENT: Council Members: Wilson, Hertzog Bid Item 293 Bids received for Bid Item 293, Labor and Material to Pad Jail -Cells Pad Jail -Cells, are on file in the Clerk's office. On motion by Councilman Pinkley, seconded by Council - Awarded man Hammett, the bid was awarded to Nova Plastics, Nova Plastics Incorporated, 7136 Haskell Avenue, Van Nuys, in the amount of $8,700.00, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Raciti NOES: Council Members: None "ABSENT: Council Members: Wilson, Hertzog Park Land Proposals have been received by the City Manager for Appraisals the update of park land property appraisals. On motion by Councilman Pinkley, seconded by Councilman Awarded Hammett, the contract was awarded to Jack R. Strobel, Jack R. -Strobel M.A.I., 11110 Los Alamitos Boulevard, Los Alamitos, in the amount of $5,700.00, being the lowest responsible bid, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Raciti NOES: Council Members: None ABSENT: Council Members: Wilson, Hertzog The Traffic Commission recommended prohibition of parking on the north curb.of Hamilton Street, 42 feet"west .of Harbor Boulevard, to facilitate the _turning movements from Harbor Boulevard to Hamilton Street. On motion by Councilman Pinkley, seconded Resolution'75-114 by Councilman Hammett, Resolution 75-114, being A Parking RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Prohibition MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION Hamilton Street OF HAMILTON STREET, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Raciti NOES: Council Members: None ABSENT: Council Members: Wilson, Hertzog Contract Addendum An addendum to the contract with R. J. Noble Company, Reconstruction dated August 29, 1975, for the Reconstruction and and Resurfacing Resurfacing of City Streets, was presented. The of City Streets addendum eliminates Phase 2 of the original contract; consolidates the funds scheduled to be spent on Phase 2 with Phase 1 of said contract; and extends the completion date by 30 days. On motion by Councilman Pinkley, seconded by Councilman Hammett, the addendum was approved, and the Mayor and Clerk authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Raciti NOES: Council Members: None. ABSENT: Council Members: Wilson, Hertzog Change Order Change Order No. 1 to the contract with R. J. Noble No. 1 Company, for Reconstruction and Resurfacing of City Reconstruction Streets, was requested in order to include the paving and Resurfacing of the TeWinkle Park parking lot. On motion by of City Streets Councilman Pinkley, seconded by Councilman Hammett, Change Order No. 1, in the amount of $17,000.00, was approved by the following roll call vote: 'AYES: Council Members: Pinkley, Hammett, Raciti NOES: Council Members: None ABSENT: Council Members: Wilson, Hertzog Agreement for On motion.by Councilman Pinkley, seconded by Councilman Estancia Park Hammett, an agreement with Dyer -Johnson, Incorporated, Landscape Design Landscape Architects, 474 East 17th Street, Costa Mesa, to design the west bank of Estancia Park, for an amount of $3,400.00, was approved, and the Mayor and Clerk authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, I Raciti NOES: Council Members: None ABSENT: Council Members: Wilson, Hertzog Agreement with On motion by Councilman Pinkley, seconded by Councilman Feedback Hammett, a contract with Feedback Foundation, Incorpor- Foundation - ated, for a grant of funds in the amount of $6,280.00, Project TLC under the Community Development Act of 1974, and in support of Project TLC, was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Raciti NOES: Council Members: None ABSENT: Council Members: Wilson, Hertzog Rehabilitation On motion by Councilman Pinkley, seconded by Councilman Eligibility Hammett, and carried, the guidelines for the Community Standards Development Rehabilitation Eligibility Standards, were approved. NCR Computer On motion by Councilman Pinkley, seconded by Councilman Services Hammett, renewal of the NCR contract for computer services on a month-to-month basis, at a cost of $5,618.00 per month, was approved by the following -roll call vote: AYES: Council Members: Pinkley, Hammett, Raciti NOES: Council Members:. None ABSENT: Council Members: Wilson, Hertzog Concrete On motion by Councilman Pinkley, seconded by Councilman Bleachers at Hammett, the Labor and Material Bond for the Concrete Costa Mesa Bleachers at Costa Mesa City Park (Lions Park), Victor City Park Ben -Aziz, contractor, was ordered exonerated by the (Lions Park) following roll call vote: AYES: Council Members: Pinkley, Hammett, Raciti NOES: Council Members: None ABSENT: Council Members: Wilson, Hertzog Prohibition of Item 21b`on the Consent Calendar, a recommendation Parking on the from the Traffic Commission for prohibition of parking Corona del Mar on the Corona del Mar Frontage Road (St. Clair Street Frontage Road extension), was presented. Councilman Hammett suggested, and the Council concurred, that parking 1 1 1 5 Community On motion by Councilman Pinkley,' seconded by Councilman Development Hammett, and carried, the public hearings set for Committee October 29 and November 4, 1975, to receive input Public Hearings regarding the Housing and Community Development Act funds will be held solely by the Community Development Committee without City Council attendance. The Committee will report its findings and recommendations to the Council after the hearings. prohibition be from 7:00 a.m. to 6:00 p.m. on the northwesterly curb and no parking on the north- easterly curb. Ongmotion by Councilman Hammett, Resolution 75-115 seconded by Councilman Pinkley, Resolution 75-115, being A.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON THE CORONA DEL MAR FRONTAGE ROAD, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Raciti NOES: Council Members: None ABSENT: Council Members:.. Wilson, Hertzog Tract 6508 On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, Item 22 on the Consent Calendar, Removed from Tract 6508, lots located southeast of the Newport Agenda .49 Freeway and southwest of Bristol Street, was removed from the Agenda, to be brought back by the City Manager at a later date. Warrant On motion by Councilman Pinkley, seconded by Councilman Resolution 906 Hammett, Warrant Resolution 906, including Payroll 7520, was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Raciti NOES: Council Members: None ABSENT: Council Members: Wilson, Hertzog Warrant On motion by Councilman Pinkley, seconded by Councilman Resolution 907 Hammett, Warrant Resolution 907 was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Raciti NOES: Council Members: None ABSENT: Council Members: Wilson, Hertzog Agreement - The City Manager presented an agreement with Jack H. Jack and Jean Park and Jean Park, 782 Paularino Avenue, Costa Mesa, for for.Brentwood Park the acquisition of a 26,008 square foot parcel of land Site - Parcel 1 as a portion of the Brentwood Street Park Site, for an amount of $45,514.00. Also presented was a letter from said property owners protesting the sale. On motion by Councilman Hammett, seconded by Councilman Pinkley, receipt of the protest letter was acknow- ledged, the agreement approved, and the Mayor and Clerk authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Raciti NOES: Council Members: None ABSENT: Council Members: Wilson, Hertzog Emergency•Housing_ The City Manager presented the Emergency Housing Services Program Services Program, a program which will utilize funds in the amount. of $18,250.00 under the Housing and Community Development Act of 1974. After discussion, on motion by Councilman Pinkley, seconded by Council- man Hammett, and carried, the guidelines were approved with the exception of Items 3 and 4 under Section C, and the term "evicted" defined as the inability to make a payment. Community On motion by Councilman Pinkley,' seconded by Councilman Development Hammett, and carried, the public hearings set for Committee October 29 and November 4, 1975, to receive input Public Hearings regarding the Housing and Community Development Act funds will be held solely by the Community Development Committee without City Council attendance. The Committee will report its findings and recommendations to the Council after the hearings. Public Hearing The Mayor announced that this was the time and place Final Development set for the public hearing to consider the Final Plan - Lyons and Development Plan for Lyons and Cashion Builders, 1300 Cashion Quail Street, Newport Beach, for 380 apartment units in a PDR -HD zone, located at 1300 Adams Avenue. An Environmental Impact Report was accepted by Council on August 19, 1975. The affidavit of publication is on file in the Clerk's office. No communications have been -received. The Planning Commission recom- mended approval subject to conditions. Phil Lyons, representing the applicant,_ indicated agreement with the conditions with the exception of the park fees. Mr. Lyons also expressed a desire to apply a portion of the park fees.to develop a park on property owned by the Coast Community College District if the City ZE-75-92 could acquire said property by sale or lease. The Youngquis,t City Manager indicated that although the District is not interested in selling the property at this time, there is a possibility of negotiating a lease for an open space facility. There being no other speakers, the Mayor closed the public hearing.. After further discussion, on motion by Councilman Hammett, seconded by Councilman Pinkley, the project was approved subject to all conditions as.recommended by the Ordinance 75-50 Planning Commission, and Ordinance 75-50, being AN First Reading ORDINANCE -OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CONCERNING THE ADOPTION OF THE FINAL DEVELOPMENT PLAN OF LYONS AND CASHION BUILDERS FOR THE PLANNED DEVELOPMENT LOCATED AT 1300 ADAMS AVENUE, COSTA MESA, CALIFORNIA, was given first reading and passed to second reading by the following roll call vote: AYES: Council -Members: Pinkley, Hammett, Raciti NOES: Council Members: None ABSENT: Council Members: Wilson, Hertzog Request for On motion by Councilman Hammett, seconded by Councilman Rehearing of Pinkley, and carried, a request from Peter B. James, ZE-75-94 - 586 Grand Haven Circle,'Costa Mesa, for a rehearing of James Zone Exception ZE-75-94, William J. Brokenbourgh, for a conditional use for an auto repair and light body work Hearing Set business in -an Ml zone, located at 2062 Placentia Avenue, was set for public hearing on November 17, 1975, at 6:30 p.m. Vehicle -Parking On motion by Councilman Hammett, seconded by Councilman District No. 1 Pinkley, and carried, -a resolution from Vehicle Parking District -No. 1, determining that additional -parking Referred to spaces should be acquired and improved by assessment Staff upon the -land and the District, was referred to staff for study. ZE-75-55 The'Director of Planning presented an application for Watson Zone Exception ZE-75-55; from the meeting of September 16, 1975, held over to allow sufficient time for Withdrawn removal of an -illegal structure, Ida G. and Robert F. Watson, 1877 -Rhodes Drive, Costa Mesa, for permission to encroach five feet into the required five-foot side yard setback to'legalize.a bedroom and bath addition, located at 1962 Church Street, in an R2 zone. The applicants' attorney, Robert H. Keefe, 850 East Chapman Avenue, Suite C, Orange, has submitted a letter requesting withdrawal of the application. The -Director of Planning reported that the illegal structure has been removed. 'On motion by Councilman Hammett.,.seconded by Councilman Pinkley, and carried, the application was withdrawn as requested by the applicants. ZE-75-92 The Director of Planning presented an application for Youngquis,t Zone Exception ZE-75-92, Andrew L. Youngquist, 15 Land Fall Court, Newport Beach, for permission to I', construct a 14 -unit apartment complex with a nine percent density deviation on 38,400 square feet of land (one unit per 2,742.8 square feet of land), encroaching ten feet into the required 20 -foot front setback with garages and open parking, located at 2424 and 2426 Santa Ana'Avenue, in an R2 zone. A Negative Declaration of Environmental Impact has been filed. A communication in favor of the project has been received from Jenny Langford, 2427 Santa Ana Avenue, Costa Mesa. The applicant was present and agreed to all conditions. On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission. ZE-75-100 . The Director of Planning presented an application for Clare Builders Zone Exception ZE-75-100, Clare Builders, Incorporated, Post Office Box 376, Tustin, for a variance from Costa Mesa Municipal Code Section 13-127.2, to create two 44 -foot wide parcels (50 feet required, S-75-16), in an Rl zone,,located at 242 East 22nd Street. A Negative Declaration of Environmental Impact has been filed. No communications have been received. John Hood, 13852 Irvine Boulevard, Irvine, representing the applicant, was present and agreed to the conditions. On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission. ZE-75-102 The Director of Planning presented an application for Sauceda Zone Exception ZE-75-102, Efren Sauceda, 5.95 Traverse Drive, Costa Mesa, for a variance from Costa Mesa Municipal Code Section 13-128.4, to allow an eight - foot encroachment into the required 20 -foot rear yard setback, for construction of a 16 -foot by 30 -foot patio cover, in an R1 zone located at that address. An Exempt Declaration of Environmental Impact has been filed. No communications have been received. On motion by Councilman Pinkley, seconded by Councilman Hammett, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved as recommended by the Planning Commission. ZE-75-103 The Director of Planning presented an application for Cunha Zone Exception ZE-75-103, Dan F. Cunha, 116 Industrial Way, Costa Mesa, for a Conditional Use Permit to allow construction of an automobile repair garage in an Ml zone, located at 121 Industrial Way. A Negative Declaration of Environmental Impact has been filed. No communications have been received. A telephone message from the applicant's attorney indicated agreement with all of the conditions. On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to condi- tions as recommended by the Planning Commission. ZE-75-104 The Director of Planning presented an.application for Evans. Zone Exception ZE-75-104, Charles W. Evans, 460 Newport Boulevard, Newport Beach, for a variance from Held Over Costa.Mesa'Municipal Code Section 13-318, to allow a 13 -foot encroachment into the required 18 -foot rear yard for construction of an apartment unit, and from Mayor Pro Tem Raciti requested the West Side Task Force Report to be placed on the Study Session.Agenda for October 27, 1975. Section 13-138, to allow a three-foot encroachment into the required side yard for addition to existing garage, in an R2 -zone located at 365 La Perle Place. An Exempt Declaration of Environmental Impact has been filed. No communications have been received. The applicant was not present. On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, this item was held over to the meeting of November 3, 1975, in order that the applicant may appear to ZE-7'5-105 answer questions. The Director of Planning presented an application for Thrifty Oil Zone Exception ZE-75-105, Thrifty Oil Company, 8050 Company East Florence Avenue, Downey, for a Conditional Use Permit -to remodel existing service station in a Cl zone, located'at 799 West 19th Street. An Exempt Declaration of Environmental Impact has been filed. No communications have been received. Jim Lawrence, representing the applicant, was present and agreed to all conditions with the exception of Nos. 1 and 2. Bruce Kaji, 15431 South Harvard Boulevard, Gardena', representing the owner of the property, spoke in support of the request. After considerable discussion, on motion by Councilman Hammett, seconded by Council- man Pinkley, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved with the deletion of Condition Nos. 1 and 2, and subject to all remaining conditions as recommended,by the Planning Commission. ZE-75-106 The Director of Planning presented an application for r Fischbeck Zone Exception ZE-75-106, Tim R. Fischbeck, 13881 Tustin East Drive, No. 47, Tustin, for a variance from Costa Mesa Municipal Code Section 13-127.1, requiring a minimum lot size of 6,000 square feet, for six lots (Tentative Tract 6860), ranging from 5,529 to 5,837 square feet in area, in an Rl zone located at 955 Paula'rino Avenue. A Negative Declar- ation of Environmental Impact has been filed. No communications have been received.. The applicant was present and agreed to all conditions. On motion by Councilman Pinkley, seconded by Councilman Hammett, and carried,. the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law; and the application approved subject to conditions as recommended by the Planning Commission. Oral Bob Wilkinson, 496 East 16th Street, Costa Mesa, Communications addressed the Council concerning the waiver of a Business License Permit: On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, this request was referred to the staff for handling. Councilmanic Councilman Hammett requested a letter be sent from Comments the Mayor's office to the Southern California Edison Company requesting removal of utility poles on Harbor Boulevard which appear to be serving no useful purpose. Councilman Hammett also discussed certain property on 19th Street in the vicinity of the Depart- ment of Motor Vehicles, in front of which is a black - topped area between the sidewalk and curb which he feels does not meet the landscaping requirements for commercial development. Mayor Pro Tem Raciti requested the West Side Task Force Report to be placed on the Study Session.Agenda for October 27, 1975. Adjournment- The Mayor Pro Tem declared the meeting adjourned to Executive Session at 8:15 p.m. No action was taken in Executive Session. The meeting recon- vened in•public session, and was adjourned at 8:30 p.m. Mayor of the City of Costa Mesa ATTEST: City Clerk of the City. -of -Cos esa II