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HomeMy WebLinkAbout01/07/1975 - City CouncilRoll Call Minutes December 17, 1974 Ordinances REGULAR MEETING OF THE CITY COUNCIL CITY OF' COSTA MESA January 7, 1975 The City Council of the City of Costa Mesa, California, met in.regular session at 6:30 p.m., January 7, 1975, 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 Wayne R. Tesch, Newport -Mesa Christian Center. Council Members Present: Council Members Absent: Officials Present: Wilson, Hammett, Pinkley, Raciti, Hertzog None City Manager, City Attorney, Director of Planning, Director of Public Services/ City Engineer, City Clerk The Mayor declared the Minutes of the regular meeting of December 17, 1974, approved as distributed and posted as there were no corrections. On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, all ordinances will be read by title only. Business Permit On motion by Councilman Pinkley, seconded by Councilman Raciti, Ordinance 74-69, being AN ORDINANCE OF THE CITY Ordinance 74-69 COUNCIL OF THE CITY OF COSTA MESA PROVIDING FOR AND Adopted ENACTING A PERMIT ORDINANCE FOR THE CITY OF COSTA MESA; CONSOLIDATING ALL PERMIT REQUIREMENTS IN THE COSTA MESA MUNICIPAL CODE UNDER TITLE NINE; REPEALING CERTAIN SEC- TIONS IN CONFLICT THEREWITH; AND SETTING FORTH REASONS THEREFOR, was given second reading and adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members:. None Commercial Limited On motion by Councilman Raciti, seconded by Councilman (CL) District Pinkley, Ordinance 74-70, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTAB- Ordinance 74-70 LISHING A COMMERCIAL LIMITED (CL) DISTRICT, was given Adopted second reading and adopted by the following roll call call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None R-74-35 On motion by Councilman Raciti, seconded by Councilman Pinkley, Ordinance 74-71, being AN ORDINANCE OF THE CITY Ordinance 74-71 COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING Adopted THE ZONING OF PROPERTY IN THE GENERAL AREA OF TANAGER DRIVE AND GOLF COURSE DRIVE FROM Al TO R1, was given second reading and adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Noise Element The Clerk presented from the meeting.of December 17, Proposal 1974, the Noise. Element Proposal. The City Manager requested that this item be withdrawn. On motion by Withdrawn Councilman Hammett, seconded by Councilwoman Hertzog, and carried, the City Manager's request was approved. Repeal of the On motion by Councilman Pinkley, seconded by Councilman Downtown Raciti, Ordinance 75-1, being AN ORDINANCE OF THE CITY Redevelopment. COUNCIL OF.THE CITY OF COSTA MESA, CALIFORNIA, REPEAL - Freeze ING ORDINANCE 74-54, AN EXTENSION OF ORDINANCE 74-30, was adopted by the following roll call vote: Ordinance 75-1 AYES: Council Members: Wilson, Hammett, Urgency Pinkley, Raciti, Adopted Hertzog NOES: Council Members: None ABSENT: Council Members: None CONSENT CALENDAR: The following items were removed from the Consent Calendar: Item 1, a resolution from the City of Huntington Beach regarding the Coast Regional Coastal Commission; and Item 2, a resolution from the City of Buena Park regarding segregation applications. On motion by Councilman Hammett, seconded by Councilman 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 Reading Folder The following Reading Folder items, in Consent Calendar, were received and processed: Offshore Oil A resolution from the Orange County Board of Drilling Supervisors, authorizing expenditure for the purpose of funding evaluation and critique regarding offshore oil drilling on the Outer Continental Shelf. Council authorized fin- ancial contribution for this same purpose at their regular meeting of December 17, 1974. Sugar A resolution from the City of Cypress urging Consumption reduction in sugar consumption. Public Utilities, An application from Pacific Telephone and Commission Telegraph Company to the Commission for an increase in service rates. Commission's Order Instituting Investigation of Case No. 9842 regarding priority list of railroad grade separation projects. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by Planning Licenses from: Anthony's Restaurants, Incorporated, No. 2, Roni and Mirela Nadler, 428 East 17th Street; Morite of California, Incorporated, doing business as 20th Century Limited, 3333 Bristol Street, Space 154; Joseph M. Quinones, doing business at .541 West 19th Street; Rigoletto, Incorporated, doing business at 2267 Fairview Road; Forbco Management Corpor- ation, doing business as -Sizzler Family Steak House No. 315, 2196 Harbor Boulevard; and Robert D. Schriefer and Charles E. Walker, II, doing business as Roads End, 1830 Newport Boulevard. I. 1 An Alcoholic Beverage License application from Fisher and Joyce Eva Butler, who will be doing business as the Uppity Turtle, 369 East 17th Street, has been protested by the Planning Department because of reduction of required parking spaces. Cities' Rights Letter from the City of Cerritos concerning to Zone and HFH, Limited, and Von's Grocery Company versus Rezone Properties the Superior Court. Intergovernmental Memorandum from the Intergovernmental Coordi- Coordinating nating.Council of Orange County advising of Council those resolutions on file as of December 13, 1974. End - Reading"Folder Set for Public Thefollowing items were set for public hearing on Hearing January 21, 1975, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa: Final EIR.for Final Environmental Impact Report for General GP -74-04, Amended Plan Amendment GP -74-04, Amended, located south of Victoria Street, north of Hamilton Street, and west of Victoria School, from Low and Medium Density Residential to Light Industry, Neighbor- hood Commercial and Medium Density Residential. R-74-44 Rezone Petition R-74-44, Kaiser -Aetna Joint Kaiser -Aetna Venture Division, Post Office Box 12972, Oakland, for permission to change the zoning classification of parcels located in the vicinity of Victoria Street and the Santa Ana River, pre- cise boundaries are described in the Petition on file in the Planning Department, from R1W and R4W to PDR -LD (37 acres), C2 to PDR -LD (3.9 acres), R1W to PDR -MD (78.96 acres), Cl to PDR -LD (6.8 acres), R4W to PDR -LD (1.8 acres), M1 to PDR -LD (24 acres), and M1 to PDR -MD (11 acres). A Negative declaration has been issued by the. Environmental Evaluator. R-74-45 Rezone Petition R-74-45, Costa Mesa Planning Commission, for permission to rezone property located south of Hamilton Street, west of Canyon Drive, and north of the City limits, from M1 to.PDR-MD, Planned Development Resi- dential -Medium Density. A Negative Declaration has been issued by the Environmental Evaluator. Refunds Refund of $4.50, as recommended by the Revenue Super- visor, to Rohn Crowe, 1725 Monrovia Avenue, Costa Mesa, Crowe on Dog License No. 6461, because Mr. Crowe's dog met - with an accident, was approved by the following roll call vote: AYES:. Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None The following refunds, totaling $130.00, recommended by the Revenue Supervisor because of the passage of Senate Bill 457, which states the City.can no longer require payment of a business tax from day care centers which :serve six or fewer persons, were approved by the following roll call vote: 238 AYES:., Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Katzenberger Katzenberger's Guest Home, 2342 Westminster Avenue, License No.. 1821, in the amount of $25.00. Martin Martin's Guest Home, Anabelle DeWilde, Manager, 280 Broadway, License No. 2120, in the amount of $25.00. Pilling Pilling Guest Home, 2554 Orange.Avenue, License No. 4013, in the amount -of $25.00. Reinholt Howard and Leona Reinholt, 238 Camellia Lane, License No. 4739, in the amount of $10.00. Santini Mrs. Albert.Santini, 2060 President Place, License No. 2027, in the amount of $10.00. Waldrup Waldrup's Guest Home, 631 Victoria Street, License No. 3623, in the amount of $25.00. Wilson Robert L. Wilson, 613 Plumer Street, License No. 1349, in the amount of $10.00. Claims The following claims received by the Clerk were referred to the.City Attorney: Floyd Greiwe, and Patricia and Eugene M. Gilmore. Parking The Traffic Commission recommended a parking prohibi- .Prohibition tion on Placentia Avenue between 19th Street and Joann Placentia Avenue Street for the placement of bicycle lanes. On motion by Councilman Hammett, seconded by Councilman Pinkley, Resolution 75-1 Resolution 75-1, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF PLACENTIA AVENUE BETWEEN NINE- TEENTH AND JOANN.STREETS, AND ESTABLISHING BICYCLE LANES, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Parking The Traffic Commission recommended prohibition of Prohibition parking on Del Mar Avenue at Orange Avenue for the Del Mar Avenue relocation of bus stops. On motion by Councilman Hammett, seconded by_Councilman Pinkley, Resolution Resolution 75-2 75-2, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RELOCATING THE BUS STOPS FROM DEL MAR AVENUE AT ELDEN AVENUE TO DEL MAR AVENUE AT ORANGE AVENUE, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT:. Council Members: None 5-74-14 The improvements. -in connection with S-73-14, located Ikeda south of 17th Street and west of Whittier Avenue, have been completed by James Ikeda, 1685 Whittier Avenue, to the satisfaction of the Director of Public Services. 1 1 f�I On motion by Councilman Hammett, seconded by Council- man Pinkley, the.work was accepted and a cash deposit in the amount of $550.00 was exonerated by the fol- lowing roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None ZE-73-102 The improvements in connection with ZE-73-102, located Arthofer on the north side of Victoria Street and west of Canyon Drive, have been completed by Dan Arthofer, 1755 Orange Avenue, to the satisfaction of the Director of Public Services. On motion by Councilman Hammett, seconded by Councilman Pinkley, the work was accepted and the bonds were ordered exonerated by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Street Improvements The street improvements on Sunflower Avenue west of Sunflower Avenue Bear Street have been completed by Covington Brothers, West of Bear Street 2451 East Orangethorpe Avenue, Fullerton, to the Covington satisfaction of the Director of Public Services. On motion by Councilman Hammett, seconded by Councilman Pinkley, the work was accepted and the bonds were ordered exonerated by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Street Improvements The street improvements on the south side of Park South Side of Park Drive from 375 feet to 574 feet east of Pomona Avenue Drive - Ward have been completed by Don R. Ward Company, 380 West Wilson Street, to the satisfaction of the Director of of Public Services. On motion.by Councilman Hammett, seconded by Councilman Pinkley, the work was accepted and the bonds were ordered exonerated by the follow- ing roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Refund - McCray The Director of Public Services recommended refund of a cash deposit which was accepted from John McCray, 4570 Campus Drive, Newport Beach, to guarantee con- struction.of a portland cement driveway, as this driveway is no longer required. On motion by Council- man Hammett,,seconded by Councilman.Pinkley, the refund was approved in the amount of $1,582..10, by the following.roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None •Agreement for An agreement between the City and Roger A. McInnes, Right -of -Way M. A. I., to prepare appraisals for the acquisition Appraisal of right-of-way on the 19th Street widening project Services from Park Avenue to Fullerton Avenue, at a cost not McInnes to exceed $25,000.00, was presented. On motion by 21,140 Motorcycle On motion by Councilman Hammett, seconded by Councilman Assignment Pay Pinkley; Resolution 75-5, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING AND Resolution 75-5 AND DETERMINING MOTORCYCLE ASSIGNMENT PAY, was adopted 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 a police officer to Advance attend Narcotic Investigation Course in Sacramento January 13'through 24, 1975, in the amount of $220.00, was approved.by the following roll call vote: Councilman Hammett, seconded by Councilman Pinkley, the agreement 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 Change Order Change Order No. l,.in the amount of $9,073.66, for No. 1 the Fairview Road widening, from 300 feet north of Fairview Road Fair Drive to 556 feet north of Baker Street; AHFP Widening Project No. 690, was requested due to:additional AHFP Project work and modifications of the project. $6,071.35 of No. 690 this amount will be.reimbursed by other agencies. On motion by Councilman Hammett, seconded by Council- man Pinkley, Change Order No. 1 in the amount of $9,073.66, was approved by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, ,Hertzog. NOES: Council Members: None ABSENT: Council Members: None Cooperative A proposed resolution was presented which authorizes Personnel the Personnel Director to sign a.contract renewing Services the City's agreement with Cooperative Personnel Services of Sacramento for personnel testing. On Resolution 75-3 emotion by Councilman.Hammett, seconded by Councilman Pinkley, Resolution 75-3, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA PROVIDING FOR PERSONNEL SERVICES, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Evidence On motion by Councilman Hammett, seconded by Councilman Technician Pinkley, Resolution 75-4, being A RESOLUTION OF THE Classification CITY COUNCIL OF THE'CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING A NEW CLASSIFICATION AND COMPENSATION Resolution 75-4 THEREOF, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Motorcycle On motion by Councilman Hammett, seconded by Councilman Assignment Pay Pinkley; Resolution 75-5, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING AND Resolution 75-5 AND DETERMINING MOTORCYCLE ASSIGNMENT PAY, was adopted 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 a police officer to Advance attend Narcotic Investigation Course in Sacramento January 13'through 24, 1975, in the amount of $220.00, was approved.by the following roll call vote: `64.1 Bid Item 268 Bids received for Bid Item 268, Ready Mixed Concrete, Ready Mixed are on file -in the Clerk's office. On motion by Concrete Councilman Hammett, seconded by Councilman Pinkley, the bid was awarded to Standard Concrete.Materials, Awarded Incorporated, 1415 East McFadden Avenue, Suite A, Standard Concrete Santa Ana, being the lowest bid meeting specifications, Materials by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Bid Item 269. AYES: Council Members: Wilson, Hammett, Item 269, Street Striping Paint, Pinkley, Raciti, are on file in the Clerk's office. On motion by Hertzog Councilman Hammett, seconded by Councilman Pinkley, NOES: Council Members: None the bid was awarded to J. E. Bauer Company, Post ABSENT: Council Members: None Bid Item 253 Bids received for Bid Item 253, One Brush Chipper, One Brush are on file in the Clerk's office. On motion by Chipper -Councilman Hammett, seconded by Councilman Pinkley, call vote: the bid was awarded to B. Hayman Company, Incorpor- Awarded .ated, 9525 Sorensen Avenue, Santa Fe Springs, in the B. Hayman Company.. amount of $7,382.90, being the lowest bid meeting Pinkley, Raciti, specifications, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Members: None Hertzog ABSENT: Council NOES: Council Members: None Bid Item 270 ABSENT: Council Members: None Bid Item 267 Bids received for Bid Item 267, One 20 -Channel One.20-Channel Recorder and Reproducer, are on file in the Clerk's Recorder and office. On motion by Councilman Hammett, seconded Reproducer by Councilman Pinkley, the bid was awarded to Chemical Company, 17710 Stude- Dictaphone Corporation, 120 Old Post Road, Rye, New Awarded York, in the amount of $13, 560.82, being the lowest Dictaphone bid meeting specifications, by the following roll Corporation call vote: AYES: Council Members: Wilson, Hammett, Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None Hertzog ABSENT: Council Members: None Bid Item 268 Bids received for Bid Item 268, Ready Mixed Concrete, Ready Mixed are on file -in the Clerk's office. On motion by Concrete Councilman Hammett, seconded by Councilman Pinkley, the bid was awarded to Standard Concrete.Materials, Awarded Incorporated, 1415 East McFadden Avenue, Suite A, Standard Concrete Santa Ana, being the lowest bid meeting specifications, Materials by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Bid Item 269. Bids received for Bid Item 269, Street Striping Paint, Street Striping are on file in the Clerk's office. On motion by Paint Councilman Hammett, seconded by Councilman Pinkley, the bid was awarded to J. E. Bauer Company, Post Awarded Office Box 31352, Los Angeles, in the.amount of J. E. Bauer Company $6,788.41, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Bid Item 270 Bids received for Bid Item 270, One Sprayer Unit, are One Sprayer Unit on file in the Clerk's office. On motion by Council- man Hammett, seconded by Councilman Pinkley, the bid Awarded was awarded to Target Chemical Company, 17710 Stude- Target Chemical baker Road, Cerritos, in the amount of $4,015.22, being the lowest bid meeting specification, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Installation of Bids received for the installation of patterned Patterned Concrete''.concrete on Adams Avenue and Bristol Street, are on on Adams Avenue file in the Clerk's office. On motion by Councilman and Bristol Street Hammett, seconded by Councilman Pinkley, the contract was awarded to De Mar Landscape, Post Office Box 817, Awarded Garden Grove, in the amount of $50,304.74, being the De Mar Landscape lowest bid meeting specifications, by the following roll call vote: AYES: Council Members.: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Coast Regional Item 1 on the Consent Calendar, a resolution from the Coastal Commission City of Huntington Beach opposing the element of powers, funding, -and government of the South Coast Regional Coastal Commission, was presented. The City Manager recommended adoption of a similar resolution. On motion by Councilman Hammett, seconded by Council - Resolution 75-6 man Pinkley, Resolution 75-6., being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, OPPOSING THE ELEMENT OF POWERS, FUNDING, AND GOVERNMENT OF THE SOUTH COAST REGIONAL COASTAL COMMISSION, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Segregation Item 2 on the Consent Calendar, a resolution from the Applications City of Buena Park requesting the Orange County Board of Supervisors to set up informational procedures pertaining to notifications of segregation applica- tions, was presented. The City Attorney explained the intent of this resolution and recommended adoption of a similar resolution. On motion by Councilman Raciti, seconded by Councilwoman Hertzog, Resolution Resolution 75-7 75-7, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE ORANGE COUNTY'BOARD OF SUPERVISORS TO SET UP INFORMATIONAL PROCEDURES PERTAINING TO NOTIFICATIONS OF SEGREGATION APPLICATIONS, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Warrant On motion by Councilman Pinkley, seconded by Councilman, Resolution 864 Raciti, Warrant Resolution 864 was approved by the fol- lowing roll call -vote: AYES: Council Members: Wilson, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None ABSTAINING: Council Members: Hammett Warrant On motion by Councilwoman Hertzog, seconded by Council - Resolution 865 man Raciti, Warrant Resolution 865, including Payroll 7425, 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 `-243 Warrant On motion by Councilwoman Hertzog, seconded by Council - Resolution 866 man Raciti, Warrant Resolution 866 was approved by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Claim - Gregg The City Attorney presented the claim of Jeff Gregg and recommended that it be denied as there was no Denied liability on the part of the City. On motion by Councilman Raciti, seconded by Councilman Pinkley, Ordinance 75-2 and carried, the claim was denied. Housing and On motion by Councilman Raciti,.seconded by Council - Community woman Hertzog, and carried, public hearings concerning Development Act. the Housing.and Community Development Act were set for January 29 and February 5, 1975, at 6:30 p.m., in the Hearings Set Council. Chambers of City Hall. Public Hearing The Clerk announced that this was the time and place Abandonment of set for the public hearing to consider the abandonment a Portion of _,of. a portion of Harla Avenue (formerly Orange Street) Harla Avenue -and a portion of Mesa Verde Drive East. The affidavits of publication and posting are on file in the Clerk's office. No communications have been received. The Director of Planning recommended the abandonment of five feet of existing right-of-way along the west side of Harla Avenue as it has been determined that Harla Avenue is to be a 50 -foot right-of-way. Councilman ` Raciti spoke in favor of a parking prohibition along this avenue. The Director of Public Services responded that a parking problem is not anticipated due to the fact that this will not be a through street and traffic volume is not substantial.. There being no other speakers, the Mayor closed the public hearing. On e motion by Councilman Hammett, seconded by Councilman Resolution 75-8 Pinkley, Resolution 75-8, being.A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,, ORDERING. THE VACATION.OF A PORTION OF HARLA AVENUE AND A PORTION OF MESA::VERDE DRIVE EAST, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None On motion by Councilman Raciti, seconded by Councilman Hammett, and carried, Councilwoman Hertzog and Mayor Wilson voting no, this item was referred to the Traffic Commission for their recommendation concerning parking. Public Hearing The Clerk announced that this was the time and place R-74-43 set for the public hearing for Rezone Petition R-74-43, Costa Mesa Planning Commission, for permission to rezone property bounded by Pomona Avenue, Superior Avenue, and 17th Street, excluding .the southwest corner of 17th Street and Superior Avenue, from Ml to MG. A Negative Declaration of Environmental Impact has been filed for this project. The affidavit of publication is on file in the Clerk's office. No communications have been received. There being no speakers, the Mayor closed the public hearing. On motion by Councilman Pinkley, seconded by Councilman Hammett, Ordinance 75-2, Ordinance 75-2 being.AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 'First Reading COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTY BOUNDED BY POMONA AVENUE, SUPERIOR AVENUE, AND SEVEN- TEENTH STREET, FROM M1 TO MG, 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 Appeal of On motion by Councilman..Raciti., seconded by Councilman Administrative Pinkley, and carried,_a request from the Costa Mesa Action Police Association to appeal an.Administrative Action excluding the police clerical employees from the Police Hearing Set Unit, was set for an appeal hearing on February 4, 1975, at 6:30 p.m., in the Council Chambers of City Hall. Wage Rates for On motion by Councilman Pinkley, seconded by Councilman Public Works - Raciti, Resolution 75-9, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING Resolution 75-9 AND DETERMINING THE GENERAL PREVAILING RATE OF PER DIEM WAGES IN THE PERFORMANCE .OF PUBLIC WORKS, 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-74-100 The Director of Planning presented from the meeting of Lopez December 17, 1974, an application for Zone Exception ZE-74-100, Nelson E. Lopez, 189 Santa Isabel Avenue, Denied Costa Mesa, for permission to encroach 2-1/2 feet into the required 7-1/2 feet of rear yard setback for a carport -and storage area, in an R2 zone, located at that address. The Planning Commission recommended denial. The applicant was not present. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, and carried, the application was denied. ZE-74-101 The Director of Planning presented an application for Warren Zone Exception ZE-74-101, Lucille Warren, 2376 Newport Boulevard, Costa Mesa, for permission to construct a 1,728 square foot office'and manager's unit for exist- ing motel at 114 East Wilson Street, in a C2 zone. The Planning Commission recommended approval subject to conditions. No communications have been received. On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, the application was approved subject to conditions as recommended by the Planning Commission. ZE-74-102 The Director of Planning presented an application for . Gerwick Zone Exception ZE-74-102, Fred Gerwick, 126 Bayside Village, Newport Beach, for permission to encroach 17.5 feet into the required 25 -foot rear yard setback with an apartment and three garages (22 by 33 feet), in an R2 zone, located at 189 Walnut Street. The Planning Commission recommended approval subject to conditions. The Director of Planning.clarified Con- dition'No. 2 regarding the.undergrounding of utilities, stating that he felt it was the Commission's intent that this Condition would only apply to new utility services. The applicant was present and agreed to all conditions—On motion by Councilman Hammett, seconded by Councilman Raciti, and carried, the application was approved subject to conditions as recommended by the Planning Commission, and clarified by the Planning Director. 1 1 1 ZE-74-103. The Director of Planning presented, an application for Christ Lutheran Zone Exception ZE-7.4=103, Christ Lutheran Church, 760 Church Victoria Street, Costa Mesa, for permission to allow reduction in parking (194 required, 148 provided), for construction of additional facilities for existing church and school, in an Rl zone, located at that address. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No commun- =ications have been received. Bob Stowell,.Architect,. representing .the applicant, was present and expressed objection to Condition No. 5 regarding upgrading of the fire hydrant on the corner of Victoria Street and Wallace Avenue. After discussion, on motion by Councilman Raciti, seconded by Councilwoman Hertzog, and carried, the application was 'approved subject to all conditions as recommended by the Planning Commission. ZE-74-104 The Director of Planning presented an application for Kelly Zone Exception ZE-74-104,.Milton David Kelly, 363 San Miguel Drive, Suite F, Newport Beach,.for permission to use asphaltic concrete rather than cement concrete under covered carports, and to modify type of concrete curbing to be used around landscaped areas, in an R3 -CP zone, located at 555 Paularino Avenue. -The Planning Commission recommended approval subject to conditions. No communications have been received. Milton D. Kelly, 68 Emerald Bay, Laguna Beach, was present and requested relief from Condition No. 2 requiring documentation of yearly maintenance on the concrete. Councilman Raciti felt that the concrete should be replaced to conform with the City require- ments. After discussion, on motion by Councilwoman Hertzog, seconded by Councilman Pinkley, and carried, Councilman Raciti voting no, the application was approved subject to all conditions as recommended by the Planning Commission. Trop -Aquarium II. The City Manager presented a request from _Glen E. Close -Out Sale Davidson, doing.business as Trop -Aquarium II, 1215-G West Baker Street, Costa Mesa, for a 23 -day close-out sale, and recommended approval subject to any condi- tions of the Business License.Division. On motion by Councilman Raciti,.seconded by Councilwoman Hertzog, and carried, the request was approved. Councilmanic Councilman Raciti reported on his attendance at the Comments Inaugural Ball for the Governor of Arizona. Mayor Wilson presented amendments to an agreement with the Orange County Flood Control District for the estab- lishment of the Santa Ana River.Flood Protection Agency, said agreement having been approved at the regular Council meeting of November 19, 1974. On motion by Mayor Wilson, seconded by Councilman Hammett, and carried, the amendments as outlined in a letter from the District dated December 20, 1974, were approved. Recess The Mayor declared a recess at 7:15 p.m., and the meet- ing reconvened at 7:20 p.m. Adjournment.to The Mayor declared the meeting adjourned at 7:20 p.m. to Executive -Session an Executive Session; and the meeting reconvened at 8:25 p.m. Purchase of After lengthy discussion, on motion by Councilman Park Sites Hammett, seconded by Councilwoman Hertzog, and carried, the City Manager was authorized to proceed with the purchase of private park sites, and he was authorized to proceed immediately using condemnation if necessary. Adjournment The Mayor declared the meeting adjourned at 8:30 p.m. ;'fry a Mayor of the City of Costa Mesa ATTEST: City Clerk of the City of Costa M a 0 1