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HomeMy WebLinkAbout12/03/1974 - City CouncilRoll Call REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA December 3, 1974 The City Council of the City of Costa Mesa, California, met in regular session -at 6:30 p.m., December 3, 1974, at the City Hall, 77 Fair Drive, Costa Mesa. The meet- ing was .called to order by the Vice Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Ed Phillips, Harbor Assembly of.God Church. Council Members Present: Council Members Absent: Officials Present: Hammett, Pinkley, Raciti, Hertzog Wilson City Manager, City Attorney, Director of Planning., Director of Public Services/ City Engineer, City Clerk Minutes -The Vice Mayor declared the Minutes of the regular November 19, 1974 meeting of November 19, 1974, and the adjourned meeting November 25, 1974 of November 25, 1974, approved as distributed and posted, as there were no corrections. Proclamation Councilman Raciti read a proclamation declaring the Sea Cadet month of December, 1974, as Sea Cadet Recruiting Recruiting Month Month in the City of Costa Mesa. Bradley Green On motion by Councilman Pinkley, seconded by Vice Commended Mayor Hammett, Resolution 74-109, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, COM - Resolution 74-109 MENDING BRADLEY GREEN FOR HIS OUTSTANDING PERFORMANCE AS CENTER, ESTANCIA HIGH SCHOOL FOOTBALL TEAM, COSTA MESA, was adopted by the following roll call vote: AYES: Council Members: Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson Councilman Pinkley presented the Resolution to Bradley Green, along with the congratulations of the Council. Proclamation Vice Mayor Hammett read a proclamation declaring Bill of Rights December 9 through 15, 1974, as Bill of Rights Week Week in the City'of Costa Mesa and urged its observance by all citizens. Ordinances On motion by Councilman Pinkley, seconded by Council- man Raciti, and carried, all ordinances will be read by title only. R-74-33 On motion by Councilman Pinkley, seconded by Council- woman Hertzog, Ordinance 74-66, being AN ORDINANCE OF Ordinance 74-66 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted PREZONING CERTAIN UNINCORPORATED TERRITORY ADJOINING THE CITY -BOUNDARY FROM COUNTY R4 TO CITY R2 -CP, was adopted by the following roll call vote: AYES: Council Members: Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson R-74-34 On motion by Councilman Raciti, seconded by Council- man Pinkley, Ordinance 74-67, being AN ORDINANCE OF Ordinance 74-67 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted CHANGING THE ZONING OF LOTS 1207, 1208, AND 1209, 1 1 1 1 NEWPORT MESA TRACT, FROM MI -TO MG, was adopted by the following roll call vote: AYES: Council Members: Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson CONSENT CALENDAR: The following items were removed from the -Consent Calendar: Item 2, a request from 'American Savings and Loan for temporary office trailer.permit; and Item 3, a business license appli- cation from Costa Mesa Jewelry and Loan. On motion by Councilman Pinkley, seconded by Council- woman Hertzog, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson Reading Folder The following Reading Folder items, in Consent Calendar, were received and processed: Newsrack A letter from Mrs. R. T. Dinwiddie requesting Clean-up clean-up of newsracks on public rights-of-way. Intergovernmental Memorandum from the Intergovernmental Coordinat- Coordinating ing Council of Orange County, advising of those Council resolutions on file as of November 15, 1974. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by Planning Licenses from: Tic Toc Markets, Incorporated, P-12, 1178 Sunflower Avenue; and Ruth Davis, End - doing business as Escapades, 1664 Newport Reading Folder Boulevard. Business A request from Noonan's Christmas Trees, 2207 Avalon Licenses Street, Costa Mesa, for a Christmas tree lot at 2082 Newport Boulevard, December 9, through 23, 1974, was Noonan's approved. Mardan Center A request to solicit for charitable purpose from Mardan Center of Educational Therapy, 695 West 19th Street, Costa Mesa, by direct mail solicitation December 1 through 31, 1974, was approved with Sec- tion 9-326J of the Municipal Code waived. Set for Public The following items were set for public hearing on Hearing December 17, 1974, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa: Final EIR - Final Environmental Impact Report concerning General Area of possible zoning changes for the general area Placentia Avenue, bordered by Placentia Avenue, 17th Street, 17th Street, Pomona Avenue, and Shalimar Drive. Pomona Avenue, Shalimar Drive R-74-39 Rezone Petition R-74-39, Costa Mesa Planning .Commission, for permission to rezone the parcel on the north side of Newton Way, ex- cluding the property on the corner of Placentia Avenue, and the property located at 1741 Pomona Avenue, from M1 to ML. R-74-40' Rezone Petition R-74-40, Costa Mesa Planning Commission, for permission to rezone pro- perties south of Newton Way and south of �3 the property located at 1741 Pomona Avenue,. between Placentia Avenue and Pomona Avenue, excluding the properties along Placentia Avenue, and the property at 786 17th Street, from Ml to MG. R-74-41 Rezone Petition R-74-41, Costa Mesa Planning Commission, for permission to rezone the two parcels located at 1738, 1740, and 1746 Placentia Avenue, from C2 to ML. R-74-42 Rezone Petition R-74-42, Costa Mesa Planning Commission, for permission to rezone the parcels on the east side of Placentia Ave- nue, between Newton Way and 17th Street, and the parcel located at 786 17th Street, from C2 to MG. The following item was set for public hearing on January 7, 1975, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa: Abandonment On motion.by.Councilman Pinkley, seconded Harla Avenue by Councilwoman Hertzog, Resolution 74-110, Mesa Verde being A RESOLUTION OF THE CITY COUNCIL OF Drive East THE CITY OF COSTA MESA, CALIFORNIA, DECLAR- ING ITS INTENTION TO ORDER THE VACATION OF Resolution 74-110 A PORTION OF HARLA. AVENUE (FORMERLY ORANGE STREET) AND A PORTION OF MESA VERDE DRIVE EAST, was adopted by the following roll call vote: AYES: Council Members: Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson Refunds Refund of $55.08, as recommended by the Director of Building Safety, to 20th Century Plumbing Company, 20th Century Incorporated, 11546 Anaheim Boulevard, Orange, on Plumbing Plumbing Permit Nos. 66508 and 66509, as contract has been canceled at 2775 Estancia Drive, was approved by the following roll call vote: AYES: Council Members: Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson Madrid Custom Refund of a $100.00 Pool Construction Bond, as Pools recommended by the Street Superintendent, to Madrid Custom Pools, 11801 Cardinal Circle, Unit "E", Garden Grove, on Permit No. 9610, as specifications have been met at 2012 Balearic Drive, was approved by the following roll call vote: 'AYES: Council Members: Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson Tennant Refund of a $100.00 Pool Construction Bond, as recommended by the Street Superintendent, to Wayne Tennant, 3392 Carmel Drive, Costa Mesa, on Permit No. 9347, as specifications have been met at that address, was approved by the following roll call vote: AYES: Council Members: Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson 1 1 1 15 Claims The following claims received by the Clerk were referred to the City Attorney: Richard Pevahouse, George E. Gerner, Southern California Edison Company, and Elsie Collins. Right of Entry A Right of Entry Agreement between the City and the Agreement - Newport -Mesa Unified School District, in connection Wakeham Park Site with the Wakeham Park Site, was approved, and the Mayor and Clerk authorized to' sign, by the following roll call vote: _AYES: Council Members: Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson Bid Item -No. 261 Bids received for Bid Item No. 261, for the furnish - Copier Machines- 'ing of Copier Machines, are on file in the Clerk's office. On motion by Councilman Pinkley, seconded Awarded by Councilwoman Hertzog, the bid was awarded to SCM SCM Corporation Corporation, 1331 East Edinger Avenue, Santa Ana, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson Right of Way The Director of Public Services recommended that the Payment to right of way settlement to the Shell Oil Company be Shell Oil increased to cover the higher cost for the service station modification at Fairview Road and Baker Street.. On motion by Councilman Pinkley, seconded by Councilwoman Hertzog, the increased expenditure was approved in the amount of $882.00, by the follow- ing roll call vote: AYES: Council Members: Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson S-73-16 Amended The Director of Public Services recommended exoner- and S-73-17 ation of deposit accepted to guarantee sidewalk and Clare Builders driveway construction for S-73-16, Amended, and S-73-17, as the work has been completed. On motion by Councilman Pinkley, seconded by Councilwoman Hertzog, the improvements were accepted and a cash deposit in the amount of $1,225.00 was exonerated, by the following roll call vote: AYES: Council Members: Hammett, Pinkley, Raciti, Hertzog NOES: Council.Members: None ABSENT: Council Members: Wilson Permit Item 2 on the Consent.Calendar, a request from American Savings American Savings and Loan Association, 9535 Wilshire and Loan Boulevard,Beverly Hills, for a temporary office trailer to be located at 825 Sunflower Avenue, for a period of three years, was presented. Mr. J. A. Catapano,- representing the applicant, spoke in favor of the permit. Discussion followed concerning the duration of the request. On motion by Councilman Raciti, seconded by Councilman Pinkley, and carried, the permit was approved for a period of three years. Business Item 3 on the Consent Calendar, a request from Costa License Mesa Jewelry and Loan, 1838 Newport Boulevard, to Costa Mesa hold'a one -day auction on December 7, 1974, was pre - Jewelry and sented. On motion by Councilman Pinkley, seconded Loan by Councilwoman Hertzog, and carried, Councilman Raciti abstaining, Mayor Wilson absent, the request was approved. Warrant On motion by -Councilman Pinkley, seconded by Council - Resolution 859 man Raciti, Warrant Resolution 859 was approved by the following roll call vote: AYES: Council Members: Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson ABSTAINING: Council Members: Hammett Warrant On motion by Councilman Pinkley, seconded by Council - Resolution 860 woman Hertzog, Warrant Resolution 860, including Payroll 7423, was approved by the following roll call Vote: AYES: Council Members: Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson Warrant On motion by Councilwoman Hertzog, seconded by Council - Resolution 861 man Raciti,. Warrant Resolution 861 was approved by the following roll call vote: AYES: Council Members: Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson. Parking On motion by Councilman Pinkley, seconded by Council - Prohibition woman Hertzog, Ordinance 74-68, being AN ORDINANCE OF Placentia Avenue THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Fire Station CLOSING CERTAIN PUBLIC PROPERTY TO PRIVATE USE FOR DESIGNATED HOURS AND ESTABLISHING REASONS THEREFOR, Ordinance 74-68 was given first reading and passed to second reading First Reading by the following roll call vote: AYES: Council Members: Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson Proposed Business On motion by Councilman Pinkley, seconded by Council - Permit Ordinance man Raciti, and carried, a proposed business permit ordinance was held over for two weeks to the meeting Held Over of December 17, 1974. ZE-74-96 The Director of Planning presented an application for Miller Zone Exception ZE-74-96, Robert Eugene Miller, 830 Governor Street, Costa Mesa, for permission to encroach three feet into the required five-foot side yard for construction of new attached garage in an R1 zone, located at that address. The Planning Commission recommended approval subject to condi- tions. No communications have been received. Mr. Miller was present and voiced objection to Conditions 1 and 5. He felt that Condition 1 should be imple- mented at some future date when sidewalks are required for all residences. Regarding Condition 5, he stated that the City had removed a previously existing tree in the parkway and had indicated it would be replaced by the City. After discussion, on motion by Councilman Raciti, seconded by Councilman Pinkley, and carried, Mayor Wilson absent, the appli- cation was approved subject to conditions as recommended by the Planning Commission, with the deletion of Conditions 1 and 5. It was understood and agreed to by the applicant that sidewalks would be required at a future date. ZE-74-97 The Director of Planning presented an application for Davidson/Torre Zone Exception ZE-74-97, John Mark Davidson and/or Peter A. Torre, 2278 Newport Boulevard, Costa Mesa, for permission to encroach 11 feet into the required 30 -foot front yard setback (building already encroaches six feet), to construct an airlock entrance to a restaurant in a C2 zone, located at that.address. The Planning Commission recom- mended approval subject to conditions. A communication has been received Kathryn Mackenzie, Box 101, White Water, California, in favor of the request. The applicant was not present. On motion by Councilman Pinkley, seconded by Councilman Raciti, and carried, Mayor Wilson absent, the appli- cation was approved subject to conditions as recommended by the Planning Commission. Oral Garad Smith, 2043 Westcliff Drive, Newport Beach, Communications addressed the Council regarding a newly -constructed 258 -unit apartment project, located at Paularino Avenue near.the Newport Freeway. Mr. Smith identified himself as the architect of this project and stated he.had just learned that the project does,not comply with certain paving requirements of the City, and as a result, occupancy permits may be withheld. Mr. Smith requested that the City allow occupancy and the developer would file for a variance on the paving requirements. David Kelly, 68 Emerald Bay, Laguna Beach, owner of the project, stated they had no idea they were in violation of a City -ordinance as their construction plans had been approved by the City. After considerable discussion, on motion by Councilman Pinkley, seconded .by Councilman Raciti, and carried, Mayor Wilson absent, approval was given for 90 -percent occupancy and the applicant advised to file for a variance with regard to paving requirements— Larry Courter, Orange Coast Plastics, 850 West 18th Street, Costa Mesa, invited the Council and the Planning Commission to attend a meeting on December 5, 1974,`at 4:30 p.m. At this meeting, Mr. Courter and some of his neighbors will be discussing zoning matters affecting their properties. The City Manager recommended that the Director of Planning try to have some staff members, or members of the Industrial.Committee, attend this meeting. George Hoos, 2040 Monrovia Avenue, Costa Mesa, President of Mesa West Homeowners Association, addressed the Council on various topics including .illegal boat building operations, traffic, and burglary problems. Councilmanic Councilman Raciti discussed the possibility of Comments drafting an ordinance which would ban pornographic literature from the public right-of-way. The City Attorney..cited similar ordinances adopted by other cities which have since been declared unconstitu- tional by the courts, and stated that his office is attempting to draft an ordinance which may be upheld. Vice Mayor Hammett discussed a recent meeting with Howard Ulrich, Director of Caltrans, at which time he passed along this Council's appreciation for Mr. Ulrich's help regarding our freeway plans. Adjournment. The Vice Mayor declared the meeting adjourned to an Executive_Session at 7:45 p.m. No action was taken in Executive Session. The Vice Mayor declared the meeting adjourned at 8:15 p.m. 1 1 11