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HomeMy WebLinkAbout08/20/1974 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA August 20, 1974 The City Council of the City of Costa Mesa, California, met in regular session at 6:30 p.m., August 20, 1974, at the City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of -Allegiance to the Flag, and Invocation by the Reverend Gary McCary, Seventh Day Adventist Church. Roll Call Council Members Present: Wilson, Hammett, Pinkley, Raciti, Hertzog Council Members Absent: None Officials Present: Assistant City Manager, City Attorney, Advance Planning Chief, Director of Public Services/City Engineer, City Clerk Minutes The Mayor.declared the 'Minutes of the regular meeting August 6, 1974 of August 6, 1974, 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. Transient On motion by Councilman Raciti, seconded by Councilman Occupancy Pinkley, Ordinance 74-44, being AN ORDINANCE OF THE CITY Tax COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 16-68 OF THE COSTA MESA MUNICIPAL CODE IN - Ordinance 74-44 CREASING THE OCCUPANCY TAX FROM FIVE PERCENT (5%) TO Adopted SIX PERCENT (6%), AND ESTABLISHING THE EFFECTIVE DATE OF OCTOBER 1, 1974, FOR THE EFFECTIVE DATE OF THE IN- CREASE OF TAX, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Proposed Ordinance The Clerk presented a proposed ordinance making pro - Uniform Plumbing vision for additional requirements under the Uniform Code Plumbing Code relating to gas meters. The Mayor re- ferred this item to a study session on August 27, 1974, Referred to at 7:30 p.m., and requested the gas company official, Study Session who was.present to verify the time and place with the City Manager's office. Tentative Map The Clerk presented Tentative Map of Tract No. 8734, to Tract 8734 Charles Spiller, Jr., for permission to create a one - Spiller lot subdivision located at 2324 and 2332 Elden Avenue, for condominium purposes. The applicant was present and answered questions concerning the proposed de- velopment. After discussion, on motion by Councilman Hammett, seconded by Councilwoman Hertzog, and carried, the request was approved subject to condi- tions as recommended by the Planning Commission. n 1 Business License On motion by Councilman Pinkley, seconded by Council - City Pawn woman Hertzog, and carried, Councilman Raciti abstaining, a business license application from City Pawn, Narenda Kumar, 1869 Newport Boulevard, Costa Mesa, for a pawn shop at that address, was approved. Pawn Shop Study Councilman Pinkley discussed the volume of work for the Police Department, generated by this type of business, and made a motion, seconded by Councilwoman Hertzog, and carried, Councilman Raciti abstaining, that Council review the regulations governing pawn shops and that no new applications be accepted until the study is com- pleted. Costa Mesa Thomas Nelson, 283 Lilac Lane, Costa Mesa, Chairman of Tomorrow. the Project Area One Committee for Redevelopment, presented a request on behalf of Costa Mesa Tomorrow and the Businessmen's Association, to meet with the Redevelopment Agency and the City staff for the purpose, of reviewing the progressthat has been made in the redevelopment program and to establish future priorities in this regard. The Assistant City Manager requested Dr. Nelson to contact his office to set a date for this meeting. CONSENT CALENDAR: The following Consent Calendar items were removed from Consent Calendar: Item 5, a business license application from Edward Von Sonn; Item 6, a business license application from Costa Mesa Jewelry and Loan; Item 7, a business license application from Town and Country Patio Shops; Item 9, a business license application from Federated Department Stores;- Item 11, a proposed ordinance regarding Zone Exception.Permits; and Item 29, re- garding.the Noise Element of the General Plan. On motion by Councilman Hammett, seconded by.Council- man Pinkley, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti Hertzog NOES: Council Members: None ABSENT: Council Members: None House Resolution A communication from the Intergovernmental Coordi- 15361 nating Council urging Council action to delete language in HR 15361, The Housing and Urban Development Act of 1974, was received and processed. Public,.Utilities Decision No.. 83226, from the Public Utilities Commission Commission advising of their authorization to Southern California Edison Company to make effective a special fuel cost adjustment applicable to billings for electric service to offset the payment of fuel oil transportation charges, was received and processed. Reading Folder The following Reading Folder items, in Consent Calendar, were received and processed: , Assessment A resolution from the City of Laguna Beach en - Treatment dorsing the services of the Assessment Treatment Services Services Center and encouraging.the County to Center provide the necessary funding. Similar Reso- lution 74-21 was adopted by Council on March 18, 1974. Assembly. A resolution from the City of Buena Park ex - Bill 3745, pressing opposition to Assembly Bill 3745 which would prohibit cities from licensing businesses located outside a city which derive less than $10,000.00 gross receipts from business done within a city. Intergovernmental 1973-74 Report of the Chairman of the Executive Coordinating Board, Intergovernmental Coordinating Council Council of Orange County. Alcoholic Alcoholic Beverage License applications, for Beverage which parking has been approved by Planning, Licenses from: Richley H. Abbott, doing business as Kim Sisters, 2101 Placentia Avenue; and Japan Golf Promotion, U.S.A.', Incorporated, to Donna L. and Clifford C. De Mar, doing business as End Reading Folder Mesa Verde Country Club, 3000 Clubhouse Road. Permits A request from Southern California College, 2524 Newport Southern Boulevard, for a trailer to be used as a temporary class - California room on the college campus, for a one-year period, was College approved, as recommended by'the Planning Department. Business License _ A request from the Gas Company, 1550 Superior Avenue, The Gas Company Costa Mesa, for a dance permit, was approved. Set for Public The following items were set for public hearing.on Hearing September 3, 1974, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa: R-74-30 Rezone Petition R-74-30, Costa Mesa Planning Commission, for permission to rezone property located at the northwest corner of Placentia Avenue and Wilson Street, from R1 to R2 into conformity with the General Plan. Underground Formation of Underground Utility District Utility District No. 7, on Harbor Boulevard from Baker Street No. 7 to Gisler Avenue. Housing Element Housing Element of the General Plan. Refunds Refund of $75.00 tree planting deposit, Payment Receipt No. 42, received from Warmington Brothers, Incorporated, Warmington 1752 Langly Avenue, Irvine, as there was insufficient Brothers room for trees after street widening project was com- completed, was approved as recommended by the Park Superintendent, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Fredlin Refund of $50.00 tree planting deposit, Payment Properties Receipt No. 45,.received from Fredlin Properties, 1915 Wallace Avenue, Costa Mesa, as there was in- sufficient room for the trees after their construction project was completed, was approved as recommended by the Park Superintendent, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Costa Mesa Refund of $180.00 pass for recreational swimming at Christian School Estancia High School, from Costa Mesa Christian School, 740 West Wilson Street, Costa Mesa, as Estancia High School pool has been under repair the entire summer, was approved as recommended by the Director of Leisure Services, by the following roll call vote: rAYES: Council Members: Wilson, Hammett_, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None 1 1 1 Christensen Refund of $5.00 enrollment fee in 1974 Summer Program Still Life Art -Class, from Cherie Christensen, 2761 Portola Drive, Costa Mesa, as class was canceled, was approved as recommended by the Recreation Superin- tendent, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti;. Hertzog NOES: Council Members: None Graham ABSENT: Council Members: None Refund of $5.00 enrollment fee in 1974 Summer Program Still Life Art Class, from Jeanne V. Graham, 1684 Whittier Avenue, Space 37, Costa Mesa, as class was canceled, was approved as recommended by the Recreation Superintendent, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Jolly Roger Refund of $100.00 Entertainment License Fee from Jolly Roger, Incorporated, 17042 Gillette Avenue, Irvine, as license is no longer needed at 2300 Harbor Boulevard, was approved as recommended by the Revenue " Supervisor, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Shaw Refund of $36.00 on Business License No. 6124, issued to Donald,F. Shaw, Incorporated, 1901 Blake Avenue,, Los Angeles, as duplicate payment was made, was approved as recommended by the Revenue Supervisor, by the follow- ing roll call vote: AYES: Council Members: Wilson, Hammett,. Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Marvin Refund of $36.00 on Business License No. 6098, issued to Construction Marvin Construction Company, Post Office Box 96, Stanton, as duplicate payment was made, was approved as recom- mended by the Revenue Supervisor, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Magi's Magic Refund of $11.00 on Business License No. 1645, issued to Magi's Magic, 17312 Santa Clara Circle, Fountain Valley, as excess fee was collected, was approved as recommended by the Revenue Supervisor, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Partial Refunds Requests for partial refunds of 1974-75 license fees License Fees for neutered dogs from: Jerry Ellis, 3136 Boston Way, Neutered Dogs License. No. 000617; R. Wakeley, 2527 Loyola Road, License No. 000752; Lee Bateman, 439 Hamilton.Street, License Nos. 000435 and 000436, for a total of $12.00 in refunds, were approved as.recommended by the Revenue Supervisor, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Right of Way The following Right of Way Deeds were accepted and Deeds ordered placed on record with the Orange County Recorder, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti,' Hertzog NOES: Council Members: None ABSENT: Council Members: None DEED NAME FOR STREET 2338 G. Paul Shaver and Cecil Place Fannie N. Shaver 2330 Foodmaker, Incorporated Baker Street (Quitclaim) Claims The following claims received by the Clerk were re- ferred to the City Attorney: Jack Leslie Strauss, and Janet Lee Shepard. Bristol Street Bonds in connection with the Bristol Street Traffic Traffic Signal Signal Interconnect, Grissom and Johnson, Incorporated, Contractor, were exonerated by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Right of Way An agreement with the State of California Department for Mesa Del Mar of Transportation, to acquire additional right-of-way Area for alley east of San Lucas Lane in the Mesa Del Mar area, was approved and the Mayor and Clerk authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Budget Budget Adjustment Number 130, encumbering $12,000.00 Adjustment from Sub -Dividers' Fees, Zone 1, for City Park grand - No. 130 stand project, was approved by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Conference. A Conference Expense Advance for the Fire Chief to Advance attend Annual Conference of International Association of Fire Chiefs in Salt Lake City, September 15 through 19, 1974, in the amount of $250.00, was approved by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None 1 1 1 Retirement. On motion by Councilman Hammett, seconded by Councilman Committee Pinkley, and carried, Sergeant Larry Bersch of the Plan Costa Mesa Police Department and Mrs. Pat Detterich of the Planning Department, were reappointed to the Costa' Referred to Mesa Retirement Committee for two-year terms beginning Staff August'17, 1974, and to end August 17, 1976. Helicopter An addendum agreement to the agreement of January 17, Maintenance 1972, between the City and.Tallmantz Aviation, to Agreement raise in price from $21.50 per hour, excluding fuel and oil, to $22.25 per hour', excluding fuel and oil, for helicopter maintenance, was approved and the Mayor and Clerk: authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Business Item 5, on the Consent Calendar, a business license Licenses application from Edward Von Sonn, Student Home Services, Von Sonn 123 North Lawrence Avenue, Fullerton, to obtain a business license from the City to paint house address numbers on curbs,- was presented. On motion by Mayor Wilson, seconded by Councilman Pinkley, and carried, the request was approved for' one year. Costa Mesa, Item 6, on.the Consent Calendar, a request from Jewelry and Loan Costa Mesa Jewelry and Loan, 1838 Newport Boulevard, for a.two-day auction on August 24 and 25, 1974, at that address, was presented. On motion by Councilman Pinkley, seconded by Councilman Hammett, and carried, 'Councilman Raciti abstaining, the request was approved. Town and Country Item 7, on the Consent Calendar, a request from Town Patio Shops and Country Patio Shops, 1706 Newport Boulevard, for. a three-day parking lot sale August 30 through Sep- tember 1, 1974, at that address, was presented. The applicant was present and answered questions concerning the proposed sale. On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, the request was approved. Gold Key, Item 9, on the -Consent Calendar, a request from Federated Warehouse' Department Stores, doing business as Gold Key Warehouse Showrooms, 3200 Harbor Boulevard, for an extended parking lot sale.from July 29 through August 5, 1974, was pre- sented. On motion, by Councilman Hammett, seconded by Councilwoman Hertzog, and carried, this application was ratified. Proposed Ordinance Item ll, on the Consent Calendar, a proposed ordinance, Zone Exception providing for real hardship as an additional reason for 'Permits granting of a Zone`Exception permit"and stating the Referred to reasons therefor, was presented. On motion by Mayor Planning Wilson, seconded by Councilman Pinkley,'and carried, Commission this item was referred to the Planning Commission. Noise.Element Item 29, on the Consent Calendar, a request that of the General `Council employ the firm of Olson Laboratories, Incor- Plan porated, of Anaheim, to prepare the Noise Element of the General Plan at a cost of $4,990.00, was presented. Referred to The Assistant.City Manager .added that this is a State - Staff mandated element of the-General.Plan. Councilman Committee Pinkley suggested that State -mandated programs be funded by the State: After discussion, on motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, this item was referred to a staff committee to include the City Manager, Director of Planning, and City Attorney, for additional study into the funding of this requirement. Warrant On motion by Councilman Pinkley,. seconded by Council - Resolution 843 woman Hertzog, Warrant Resolution 843, including donment of wells. On motion by Councilman Hammett, Payroll 7416, was approved by the following roll call First Reading vote: AMENDING SECTION 18-53, COSTA MESA MUNICIPAL CODE, RELATING AYES: Council Members: Wilson, Hammett, DATING SAID STANDARDS IN ACCORDANCE WITH THE CALIFORNIA Pinkley, Raciti, reading and passed to second reading, by the following Hertzog NOES: Council Members: None ABSENT: Council Members:, None Warrant On motion by Councilman Pinkley, seconded'by Councilman Resolution 844 Raciti, Warrant Resolution 844, was approved by the following.roll call vote: AYES: Council Members: Wilson, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None ABSTAINING: Council Members: Hammett Claim - The City Attorney presented the claim of Matthew Stinson J. Stinson, and recommended that it be denied as there was no liability onthe part of the City. On motion Denied by Councilman Pinkley, seconded by Councilwoman Hertzog, and carried, the claim was denied. Claim - The City Attorney presented the claim of Shirley Miller, Miller and recommended that it be denied as there was no lia- bility on.the part of the City. On motion by Councilman Denied Raciti, seconded by Councilman Pinkley, and carried,. the claim was denied. Claim - The City Attorney presented the claim of Robert H. Daniel, Daniel and recommended that it be denied as there was no lia- bility on the part of the City. On motion by Councilman Denied Pinkley, seconded by Councilman Raciti, and carried, the . claim was denied. Abandonment The Assistant City Manager presented an ordinance amending of_Wells Section 18-53, Costa Mesa Municipal Code, relating to standards for the construction, reconstruction and aban- donment of wells. On motion by Councilman Hammett, Ordinance 74-45 seconded by Councilman Raciti, Ordinance 74-45, being AN First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY.OF COSTA MESA AMENDING SECTION 18-53, COSTA MESA MUNICIPAL CODE, RELATING TO STANDARDS FOR THE CONSTRUCTION, RECONSTRUCTION AND ABANDONMENT OF WELLS WITHIN THE CITY OF COSTA MESA; UP- DATING SAID STANDARDS IN ACCORDANCE WITH THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, was given first reading and passed to second reading, by the following roli call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None _ Public Hearing The Mayor announced that this was the time and place R-74-25 set for the public hearing for Rezone Petition R-74-25, Costa Mesa Planning Commission, for permis- Referred Back sion to rezone property located between Monrovia to Planning Avenue, 17th Street, Placentia Avenue, and south Commission City limits (except 1697 Placentia Avenue) from M1 to MG, Manufacturing General. The affidavit of publication is on file in the Clerk's office. No communications have been received. George Hoos, 2040 Monrovia Avenue, Costa Mesa, spoke in opposi- tion to the rezoning. Karen Fenn, 1672 Placentia Avenue, Costa Mesa; Snider Vick, 3506 Marcus Avenue, Newport Beach; and John Norek, 1626 Placentia Ave- nue, Costa Mesa, asked questions concerning the uses permitted in the MG designation and also voiced 1 it their concern that they were not notified that this item was on the Council agenda. After discussion, Councilman Pinkley made -a motion to hold over this item to the next meeting. The motion failed to carry for lack of a second. After further discus- sion, on motion by Councilman Hammett, seconded by Councilman.Pinkley, and carried, this item was referred back to.the Planning Commission for rehear- ing with all possible effort being made to notify property owners in the area through flyers, and if possible, to have at the public hearing pass -out material detailing the uses permitted in the various designations. Public Hearing On motion by Councilman Hammett, seconded by R-74-26 Councilman Pinkley, and carried, Rezone Petition R-74-26, Costa Mesa Planning. Commission, for permis- Referred Back sion to rezone property located. between Monrovia to Planning Avenue, 17th Street, Placentia Avenue, and 18th Commission Street, from Ml to MG,.Manufacturing General, was referred back to the Planning Commission for rehearing including all.of the instructions given on the,previous item, R-74-25. Public Hearing On motion by Councilman Hammett, seconded by Council - R -74-28 man Pinkley, and. carried, Rezone Petition R-74-28, Costa Mesa Planning Commission, for permission to Referred Back rezone property located between Placentia Avenue, to.Planning 17th Street, Pomona Avenue, Superior.Avenue, and Commission south.City limits (except the southeast corner of 17th street and Placentia Avenue), from Ml to MG, Manufacturing General, was returned to the Planning Commission for rehearing including all of the instruc- tions given for R-74-25. Public Hearing On motion by Councilman Hammett, seconded by R-74-29 Councilman Pinkley, and carried,.Rezone Petition R-74-29, Costa Mesa Planning Commission, for per-. Referred Back mission to rezone property located in the general to Planning area. west -of Whittier Avenue, south of Tract 7043, and Commission - east of Newport Mesa: -Tract Lots 1303, 1304, 1305, from Ml to ML, Manufacturing Limited, was returned to the - Planning Commission for rehearing including all of the instructions given for R-74-25._ Public Hearing The Mayor announced that this was the time and place Surplus Property set for the public hearing concerning the sale of at Tanager Park surplus property. at Tanager Park. The affidavits of publishing and posting.are on file in the Clerk's office. No communications.have been received. There were no persons wishing to address the Council on this subject. On motion by Councilman Pinkley, seconded by.Councilman Hammett, and carried, the -public hearing was closed. On motion by Councilman Pinkley, seconded by Councilwoman Hertzog, Resolution Resolution 74-57 74-57, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RELATING TO THE SALE OF CERTAIN CITY PROPERTY, FINDING THE NECESSITY FOR THE SAME, OVERRULING PROTESTS, AND APPROVING THE SALE, OF SAID PROPERTY, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES:- Council Members:. None ABSENT: Council Members: None m Public Hearing This being the time and place set for public hearing, Proposed the Assistant City Manager introduced a proposed Ordinance ordinance amending the Industrial Ordinance 73-43, Amending the regarding permitted and conditional uses in the ML, Industrial Limited Industrial; MG, General Industrial; and MP, Ordinance Industrial Park Districts, and extending the pro- 73-43 visions of the M1 and M2 Districts until January 1, 1975. The affidavit of publication is on file in the Clerk's office. No communications have been received. Harry Johnson, 2121 Placentia Avenue; and Snider Vick, SMC Corporation, Costa Mesa, spoke in regard to the uses permitted in the various zones, especially in regard to fiberglass boat building. After considerable discussion, on motion by Council- man Hammett,,seconded .by Councilman Raciti, Ordinance 74-46 Ordinance 74-46, being AN ORDINANCE OF THE CITY First Reading COUNCIL OF THE CITY OF COSTA.MESA, CALIFORNIA, AMENDING ORDINANCE 73-43 OF THE CITY OF COSTA MESA REGARDING PERMITTED AND CONDITIONAL USES IN THE ML, LIMITED .INDUSTRIA.L; MG, GENERAL INDUSTRIAL; AND MP, INDUSTRIAL PARK; DISTRICTS AND EXTENDING THE PROVI- SIONS OF THE Ml AND M2 DISTRICTS UNTIL JANUARY 1, 1975, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None The Mayor urged those citizens interested in offering comments or recommendations in regard to this ordinance, to submit their letters to the City Clerk before the next Council meeting. Rehearing The Mayor announced that this was the time and place ZE-7.4-39 and set for the rehearing of Zone Exception ZE-74-39, Building Moving Amended, and Building Moving Permit No. 645, Gordon Permit No. 645 Hawkins, 2283 Fairview Road, Costa Mesa, more speci- Hawkins fically described as follows: ZE-74-39, Amended, for permission to add two units to three existing units (one unit per 3,330 square feet), and to en- croach 12 feet into the required 25-foot rear yard setback, in an R2 zone located at 2180 Placentia Avenue; and Building Moving Permit No. 645, for permission to move residential units from 24742 La Paz Avenue, Dana Point, to 2180 Placentia Avenue. The affidavits of publishing and posting are on file in the Clerk's office. Communications have been received from Joan B. Margol, Goals and Objectives Committee, Housing Subcommittee, 1796 Kinglet Court, Costa Mesa; and Kathy Black`, no address given, both in favor of the request. Gordon Hawkins,, 1882 Coriander Drive, Costa Mesa, was present and answered questions concerning the project., Tom Schworer., 2019 South Capella Court, Costa Mesa, spoke regarding the notification of public hearings to adjacent property owners. After considerable discussion, on motion by Councilman Hammett, seconded by Councilwoman Hertzog, and carried, Councilman Pinkley voting no, the application was approved subject to conditions as recommended by the Planning Commission, and two additional conditions which are as follows: Condition No. 7, a concrete retaining wall to be constructed on the south side under the direction of the.Planning Department; and Condition No. 8, the planters shall be relocated against the buildings. 1 1 1 OF On motion by Mayor Wilson, seconded by Councilman Hammett, and carried, the -Council adopted a policy not to approve further move -ins until the City ordinance has been updated. Councilman Hammett commended Councilwoman Hertzog for initiating a rehearing on Mr. Hawkins's request. Request for The Clerk presented a request from Christ Chapel, Rehearing Metropolitan Community Church in Orange County, to ZE-74-05 rehear Zone Exception ZE-74=05, for permission for Christ -Chapel Metropolitan Community Church to hold Wednesday night rap and Bible study sessions from 6:00 p.m. Denied to 10:30 p.m., in an Rl zone located at 215 East 23rd Street. Communications in opposition to the request have been received from Mr. Webster, 221 East 23rd Street, Costa Mesa; Central Bible Church of Costa Mesa, 190 23rd Street, Costa Mesa; Hugh E. Lilly, 204 Coronado Street, Balboa; and Mrs. Vern L. Thomas, Los Angeles. A letter in support of the request has been received from Orange County Friends Meeting, 2409 Orange Avenue, Costa Mesa. A letter has been received from Newport - Mesa Unified School District stating that a parking request from a church affiliated group could not be granted by the school district based upon the separation of church and state, as provided for in the education code. The Reverend Roger Harrison, Minister of Christ Chapel, and resident of Laguna Beach, spoke in support of the request for rehearing. On motion by Councilman Pinkley, seconded by Coun- cilwoman Hertzog, and carried, the request was denied. Recess The Mayor declared a recess at 8:20 p.m. and the meeting reconvened at 8:25 p.m. Tentative Map The Clerk presented Tentative Map of Tract No. 8712, Tract 8712 Lin Verrico, 1330 Sao Paulo. Street, Placentia, for permission to create a one -lot subdivision for con- Verrico dominium purpose, located at 594 Hamilton Street. The Planning Commission -recommended approval subject to conditions. Leroy Rose, 1440 State College Boulevard, Anaheim, representing the applicant, described the project in detail.and requested release from Condition No. 8 concerning parking. Mr. Rose stated that instead of the two enclosed garage spaces required by.this condition, they can only pro- vide one enclosed garage, the remaining parking requirement to.b e satisfied by eight open parking spaces. Mr. Lin Verrico was also present and added his remarks to this point. Councilman Raciti made a motion to approve the request subject to.conditions and -then _retracted this motion. After further dis- cussion, on motion by Councilman Hammett, seconded by Councilwoman Hertzog, and carried, Councilmen Raciti and Pinkley voting no, the request was -approved subject to conditions as recommended by the Planning Commission, with Condition No. 8 amended to require six enclosed garage spaces and eight open parking spaces. Tentative Map The Clerk presented Tentative Map of Tract No. Tract 8720.. 8720, M. H..Koll, 4001 Birch Street, Newport Beach,for permissionto create a one -lot sub- Koll division for condominium purpose, located at -2568-2580 Santa Ana Avenue. The Planning Commission recommended approval subject to condi- tions. The applicant was present and agreed to all conditions. On motion by Councilman Pinkley, seconded by Councilman-Raciti, and carried, the request was approved subject to conditions as recommended by the Planning Commission. Tax Rates The Assistant City Manager reported on the next four items concerning tax rates for the City of Costa Mesa, On motion by Councilman Raciti, seconded by Councilman Pinkley, Resolution 74-58, Resolution 74-58 being A RESOLUTION OF -THE .CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FIXING THE AMOUNT OF REVENUE FROM PROPERTY TAXES NECESSARY TO SUPPORT ITS DEPARTMENTS FOR.THE CURRENT FISCAL YEAR OF. 1974-75, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Resolution 74-59 On motion by Councilman Pinkley, seconded by Councilwoman Hertzog, Resolution 74-59, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FIXING THE TAX RATE PER CENTUM AND LEVYING A TAX UPON ALL OF THE TAXABLE PROPERTY WITHIN -THE CITY 'OF COSTA MESA WHICH IS TAXABLE FOR MUNICIPAL PURPOSES, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley,-Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Resolution 74-60 On motion by Councilwoman Hertzog, seconded by Councilman Pinkley., Resolution 74-60, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ACTING AS SUPERVISING AUTHORITY OF THE COSTA MESA PARK AND RECREATION DISTRICT, FIXING THE TAX RATE_PER CENTUM, LEVYING TAX RATE UPON ALL.THE TAXABLE PROPERTY WITHIN THE COSTA MESA PARK AND RECREATION DISTRICT, WHICH IS TAXABLE, FOR THE OPERATIONAL RUNNING EXPENSE OF THE DISTRICT, was adopted by the following roll call vote: AYES: Council Members:, Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Resolution 74-61 On motion by Councilman Pinkley, seconded by Councilwoman Hertzog, Resolution 74-61, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FIXING THE TAX RATE PER CENTUM AND LEVYING A TAX UPON ALL OF THE TAXABLE PROPERTY WITHIN THE CITY OF COSTA MESA WHICH IS TAXABLE TO MEET THE CITY'S OBLIGATION UNDER THE 1974 OPEN SPACE BOND ISSUE, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None ZE-74-62 The Advance Planning Chief presented an application De Frenza for Zone Exception ZE-74-62, Antonio De Frenza, 2430 Windward Lane, Newport Beach, for permission to operate a pre-school for a maximum of 82 children, 1 1 1 121 ZE-74-70 Application for Zone Exception ZE-74-70, Regency Regency Outdoor Outdoor Advertising, Incorporated, 10892 Roebling Advertising Avenue, Los Angeles, for permission to construct a double-faced outdoor advertising structure (20 Held Over feet by 60 feet, 1,200 square feet) in an ML zone, five days per week, from 7:00 a.m, to 6:00 p.m., in a C1 zone located at 3021=23 and 3025-27 Deodar Avenue. The Planning Commission recommended approval subject to conditions. `.The Director of Public Services re- ported that the traffic'review of the proposed school area indicated that the additional impact from traffic generating from the school would not be significant. Will Jordan, 1500 Adams Avenue, Costa'Mesa, represent- ing the applicant, answered questions from the Council and asked for consideration on Condition No. 9 that _ the State be allowed to regulate the number of students. Willard Courtney, 611 St. James Place,. Newport Beach, spoke in opposition to the request. for reasons of traffic generation, noise, and con- centration of children in one area due to the existing school next door. He also presented for the record a declaration of restrictions for Tract No. 3615. John Sprackler, 3016 Royal Palm Drive, Costa Mesa, spoke in opposition to the school at this location. Ben Selbst, 3094 Mesa Avenue, Costa Mesa, spoke regarding traffic problems in this area. Ted Tanner, owner of one of the lots at the school site, spoke of the limitations in developing this property. After discussion, on motion by Councilman Hammett, seconded by Councilman Pinkley, and -carried, Councilwoman Hertzog voting no, the application was approved subject to conditions as recommended by the Planning Commission, and adding'two conditions as follows: No. 10, an attendant.must be on duty to meet the children at all arrival and departure times to expedite ingress and egress; and No. 11, no unscheduled con£erences.with parents will be held. ZE-74-67 The Advance Planning Chief presented an application Huntington for Zone Exception ZE-74-67, Huntington. Valley Valley Christian High School, 148 22nd Street, Costa Mesa, Christian for permission to operate a Junior High and High High School- School for a maximum of 200 students at the Mesa Christian Center in an R2 zone, located at that address. The Planning Commission recommended approval subject to' conditions. A communication has been received from Mr-. and Mrs. Joseph Connors, 2199 Rural Place, Costa Mesa, in.:opposition to the re- quest. .Willard May, Principle of the school, addressed the Council in support of the request. 'On motion'by Councilman Hammett, seconded by Councilman Raciti, and carried, Councilwoman Hertzog voting no., the application was approved subject to conditions as recommended by -the Planning Commission. Councilman Councilman Hammett left the meeting at 9:55 p.m. Hammett Leaves ZE-74-68 The Advance Planning Chief presented'an application Engle for Zone Exception ZE-74-68, William F. Engle, 2166 Musial Street, Placentia, for permission to exceed Denied standards of the Sign Ordinance, to place a sign on the east side of a building in an AP zone, located at 811 Victoria Street. The Planning Commission recommended denial. On motion.by Councilman Pinkley, seconded by Councilwoman Hertzog, and carried, Councilman Hammett absent, the application was denied. ZE-74-70 Application for Zone Exception ZE-74-70, Regency Regency Outdoor Outdoor Advertising, Incorporated, 10892 Roebling Advertising Avenue, Los Angeles, for permission to construct a double-faced outdoor advertising structure (20 Held Over feet by 60 feet, 1,200 square feet) in an ML zone, located at 2890 Bristol Street, was presented. The Mayor announced that the applicant had requested this item and the next two items be held over pend- ing adoption of the Billboard Ordinance. On motion by Councilman Pinkley, seconded by Councilman Raciti, and carried, Councilman Hammett absent, this item was held over in accordance with the applicant's request. ZE-74-71 On motion by Councilman Raciti, seconded by Council - Regency Outdoor man Pinkley, and carried,jCouncilman Hammett absent, Advertising application for Zone Exception ZE-74-71, Regency Outdoor Advertising, Incorporated, 10892 Roebling Held Over Avenue, Los Angeles, for permission to construct an outdoor advertising display (20 feet by 60 feet, 1,200 square feet) in an Ml zone, located at 2937 Newport Boulevard, was held over in accordance with the applicant's request. ZE-74-72 On motion by Councilwoman Hertzog,.seconded by Regency Outdoor Councilman Pinkley, and carried, Councilman Hammett Advertising absent, application for Zone Exception ZE-74-72, Regency Outdoor Advertising, Incorporated, 10892 Held Over Roebling Avenue, Los Angeles, for permission to construct a double-faced outdoor advertising struc- ture (20 feet by 60 feet,..1,200 square feet) in a C2 zone, located at 1740 Superior Avenue, was held over in accordance with the applicant's request. ZE-74-73 The Advance Planning Chief presented an application Krieger for Zone Exception ZE-74-73, Steve Krieger, 111 Via Orvieto, Newport Beach, for a conditional use permit Held Over to construct two private tennis courts, located at 1826 Pomona Avenue, in an R2 zone. The Planning Commission recommended denial. A letter has been received from the applicant requesting this item be held over for two weeks. On motion by Councilman Pinkley, seconded by Councilman Raciti, and carried, Councilman Hammett absent, this item was held over to the meeting of September 3, 1974, in accordance with the applicant's request. ZE-74-74 The Advance.Planning Chief presented an application White for Zone Exception ZE-74-74,.Constance D. White, 135 Monte Vista Avenue, Costa.Mesa, for a condi- tional use permit to breed cats in an R2 zone, located at that address. The Planning Commission recommended denial. Communications in support of the request have been received from Barbara L. and Harvey D. Clark, 136 Monte Vista Avenue, Costa Mesa; Martin Ingram and Gilbert F. Brown, 7356 Pyramid Place, Los Angeles; Esther Moore, 2549 Orange Ave- nue, Costa Mesa; W. Olsen, 141 1/2 Monte .Vista Avenue, Costa Mesa; and Mr..and Mrs. W. K. Brown, 129 Monte Vista Avenue, Costa Mesa: One communi- cation in opposition has been received from Courtney W. Trostle. The applicant was present and addressed the Council .in support of her request. On motion by Councilman Pinkley, seconded by Mayor Wilson, and carried, -Councilman Raciti voting no and Councilman Hammett absent, the application was approved for one year subject to conditions. ZE-74-75 The Advance Planning Chief presented an application Sundberg for Zone Exception ZE-74-75, Soren John Sundberg., 684 West 17th Street, for -a Variance for an in- crease in density (10 percent deviation, one unit per 2,700 square feet of -.land), and a reduction in the rear yard setback (25 feet required, 20 feet requested), in an R2 zone located at 2027 Orange Avenue. The Planning Commission recommended approval subject to conditions. The applicant -was present and agreed to all -conditions. On motion by Councilman Pinkley,.seconded by Councilwoman Hertzog, and carried, Councilman Hammett absent, the application was approved subject to conditions as recommended by the Planning -Commission. ZE-74-76 The Advance Planning Chief presented an application Nasby for Zone Exception ZE-74-76, Ruth Ann Nasby, 2741 Sandpiper Drive,.Costa Mesa, for a conditional use permit for permission to teach piano lessons 12 hours weekly, in an R1 zone, located at that address. The Planning Commission recommended approval subject to conditions. The applicant was present and amended her request to 16 hours weekly rather than 12 hours. On motion by Councilwoman Hertzog, seconded by Councilman Pinkley, and carried, Councilman.Raciti.voting no and Councilman Hammett absent, the application was approved for one year or sooner if there are complaints from the neighbors. ZE-74-77 The Advance Planning Chief presented an application Shaw for Zone Exception ZE-74-77, Barry Michael Shaw, 1901 Tustin Avenue, Costa Mesa, for permission to encroach 22 feet into the required 25 -foot rear yard setback by attaching two room additions to an existing garage.in an R1 zone, located at that address. The Planning Commission recommended approval. One communication in opposition to the request has-been received from Ann and Robert H. Schablein, 1917 Tustin Avenue, Costa Mesa. Mrs. Shaw., the applicant's mother, was present and spoke in support of the request. On motion by Councilman Pinkley, seconded by Councilwoman Hertzog, and carried, Councilman Hammett absent, the application was approved. ZE-74-78 The AdvancePlanning Chief presented an application Stoll for Zone Exception ZE-74-78, Julie Ann Stoll, 3020 Cleveland Avenue; Costa Mesa, for permission to Denied operate a tropical fish business in an Rl zone, located at that address... ,The -Planning Commission recommended denial.- A petition containing 13 signatures has beenreceived in opposition to the request. A letter has been received from the appli- cant requesting this item be held over to the meeting of September 17, 1974. On motion by. Councilman Pinkley,'seconded by Councilman Raciti, and carried, Councilman Hammett absent, the application was held over in accordance with the applicant's request. Oral Betty Dumain, 3028 Cleveland Avenue, spoke in opposi- Communications tion to the previous item. Mr. Zolla, 1138 Dorset Lane,.Costa Mesa, stated that he was not notified of ZE-74-78 the request for continuance and felt that it should not be granted.. On motion by Councilwoman Hertzog, seconded by Councilman Pinkley, and carried; Coun- cilman Hammett absent, this item was reopened for consideration. On further motion by Councilwoman Hertzog,seconded by Councilman Pinkley; and carried, the application was denied. Weed Joe Donaldson, 2702 San Lucas Lane, Costa Mesa, Abatement requested that the Weed Abatement regulations be enforced at Gerald Wald Enterprises, located at Temporary Bristol Street and Newport Boulevard. Mr. Signs Donaldson also requested that.the removal of temporary signs such as those for garage sales 124 1. be enforced. The Mayor referred this matter to the Assistant City Manager, who in turn responded that whenever these signs are observed, they are removed Councilmanic Mayor Wilson requested,'on behalf .of Councilman Comments Hammett, that Council,study the problem of noise from loud horns. Mayor Wilson.announced the resignation of Arlene Schafer from the Crime Prevention Committee. On motion by Mayor Wilson, seconded by Councilman Pinkley, and carried, Councilman Hammett absent, Thomas S. Mann was appointed to replace Mrs. Schafer on the Crime Prevention Committee. On motion by Mayor Wilson, seconded by Councilwoman Hertzog, and carried, Councilman Hammett absent, W. F. O'Neil was appointed to fill an additional vacancy on the Crime Prevention Committee in the Mesa Verde area. The Mayor proclaimed Constitution of the United States Week September 17 through 23, 1974. Adjournment The Mayor declared the meeting adjourned at 10:25 p.m. Mayor of the City of Costa Mesa ATTEST: City Clerk of the City.of Costa esa- 1