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,
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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
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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
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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.
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