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HomeMy WebLinkAbout09/16/1975 - City CouncilRoll Call Minutes September 2, 1975 Proclamation United Way Month Ordinances REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA September 16, 1975 The City Council of the City of Costa Mesa, California, met in regular session at 6:30 p.m., September 16, 1975, in the Council Chambers of 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 Robert M. Bengston, Central Bible Church. Council Members Present: Pinkley, Hammett, Wilson, Raciti, Hertzog Council Members Absent: None Officials Present: City Manager, City Attorney, Director of Planning, Assistant City Engineer, Deputy City Clerk The Mayor declared the Minutes of the regular meeting of September 2, 1975, approved as distributed and posted as there were no corrections. On motion by Councilman Wilson, seconded by Councilman Hammett, and carried, a proclamation declaring the month of October as United Way Month was adopted. On motion by Councilman Hammett, seconded by Council- woman Hertzog, and carried, all ordinances will be read by title only. Council Meetings On motion by Councilman Wilson, seconded by Councilman Changed to Monday Raciti, Ordinance 75-44, being AN ORDINANCE OF THE Nights CITY COUNCIL OF THE CITY OF COSTA MESA, AMENDING SECTION 2-38 OF CHAPTER III OF THE ORDINANCES OF THE Ordinance 75-44 CITY OF COSTA MESA CHANGING THE REGULAR DATE OF THE Adopted CITY COUNCIL MEETINGS FROM THE FIRST AND THIRD TUESDAYS OF EACH MONTH TO THE FIRST AND THIRD MONDAYS OF EACH MONTH, AND SETTING FORTH AUTHORITY AND REASONS THEREFOR, was -given second reading and adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Moving of On motion by Councilman Wilson, seconded by Councilman Buildings Hammett, Ordinance 75-45, being.AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AMENDING TITLE 5, CHAPTER V, SECTION 5-93 TO SECTION 5-117, Ordinance 75-45 INCLUSIVE, OF THE COSTA MESA MUNICIPAL CODE RELATING Adopted TO THE MOVING OF BUILDINGS OR STRUCTURES OVER CITY STREETS AND RELOCATION OF BUILDINGS OR STRUCTURES WITHIN THE CITY AND INCORPORATION OF STATE'S SIZE, WEIGHT, AND LOAD LIMITS ON STREETS, was given second reading and adopted by the following roll call vote: AYES_: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None V46 CONSENT CALENDAR: The following items were removed from the Consent Calendar: Item 10c, Fairview Road Widening; and Item lla, left turn prohibition at Baker Street and Grant Avenue, and installation of a traffic signal at Baker and Babb Streets. On motion by Councilman Hammett,.seconded by Council- woman Hertzog, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Reading Folder The following Reading Folder items in the Consent Calendar, were received and processed. Commendation Letter from Mr. E. R. Chambers, 319 East Bay for Management Front, Balboa Island; commending the Leisure of Golf Course Services Department on the management of the Costa Mesa Golf Course. League of Letter of recommendation from the Mayor of the California City of San Clemente, supporting Art Holmes for Cities the position of President of the Orange County Division, League of California Cities. County Waste Letter from the State Solid Waste Management Management Plan Board, urging Orange County to complete and submit the County Waste Management Plan before January 1, 1976, because noncompliance with the legislative mandate by late submission could impede.any possible future State or federal funding for any County solid waste management projects. Orange County Resolution from the City of Seal Beach, request - Transit District ing extension of an existing.Orange County Transit District bus route to California State University, Long Beach. HR Bill 7666 Resolution from the City of Newport Beach, supporting House of Representatives Bill 7666 to increase the amount of outside earnings limi- tations under the Social Security Act. The City Council adopted similar Resolution 75-30 on March 18, 1975. Local Agency Resolution of the Local Agency Formation Formation Commission of Orange County, approving Commission Annexation No. 75-1 to the Costa Mesa County Water District. Public Utilities Notice from the Public Utilities Commission Commission resetting hearing from.September 10, 1975, to Monday, October 6, 1975, at 10:00 a.m., of Application 55527, Pacific Telephone and Tele- graph Company, for a revised tariff. Hearing to be heard in the Commission Courtroom, State Building, 350 McAllister Street, San Francisco. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by Planning from: Licenses Peter Caruso and Herbert Immergluck, Vino -Veritas, Incorporated, doing business as Ward's Wine Shops, 3088 Bristol Street; George William O'Neill, doing business as L and M Drive -In Dairy, 1712 Bid Item 286 Pavement Markers Awarded Cataphote Division and Ray -O -Lite Santa Ana Avenue; and Jackie L. and Jeffrey C. End - Apmadoc, doing business as 7 -Eleven Food Store Reading Folder No. 2113-17872, 1673 Irvine Avenue. Business Permit A request from Harry Oxley, Inter -Shows, Post Office Application Box 334, San Clemente, to hold a motorcycle swap meet on September 26, 1975, at the Orange County Fair - Inter -Shows grounds, was approved. Refund On recommendation by,the Revenue.Supervisor, a refund of $25.00 to John M. McKenzie, 1383 Baker Street, McKenzie No. B, Costa'Mesa,. on Business Tax Registration No. 4694, as this property has been sold, was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Claims The following claims received by.the Deputy City Clerk were referred to the City Attorney: Lewis Brothers Battery; Attorney Rex L. Shuffler on behalf of Carol Ann Davis; Attorney Judith Johnson on behalf of Rose Marie and Richard Gonzales; Law firm of Forgy, Thamer and Inadomi on behalf of Lynn Vicki Rellstab; and Michael Gerald DaDurka. Grant of A Grant of Easement to Southern California Edison Easement 'to Company for installation of underground electrical Southern lines at TeWinkle Park was approved, and the Mayor and California Deputy City Clerk authorized to sign on behalf of the Edison City, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Bid Item 286 Pavement Markers Awarded Cataphote Division and Ray -O -Lite Bids received for Bid Item 286, Furnishing of Pavement Markers, are on file in the Clerk's office. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, the contract was awarded to Cataphote Division, Ferro Corporation, Post Office Box 2369, Jackson, Mississippi, in the amount of $5,410.00, and Ray -O -Lite, Incorporated, 16102 Gothard Street, Huntington Beach, in the amount of $6,380.00, being the lowest bids meeting specifications, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Bids received for Bid Item 287, One Each Reel Mower and One Each Rotary Mower, are on file in the Clerk's office. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, the contract was awarded to B. Hayman Company, Incorporated, 9525 Sorenson Avenue, Santa Fe Springs, in the amount of $5,788.00, and Torro Pacific Distributing, 16212 South Broadway, Gardena, in the amount of $4,395.00, being the lowest bids meeting specifications, by the following roll call vote: AYES:. Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Bid Item 287 One Reel Mower and One Rotary Mower Awarded B. Hayman Company and Torro Pacific Distributing Bids received for Bid Item 286, Furnishing of Pavement Markers, are on file in the Clerk's office. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, the contract was awarded to Cataphote Division, Ferro Corporation, Post Office Box 2369, Jackson, Mississippi, in the amount of $5,410.00, and Ray -O -Lite, Incorporated, 16102 Gothard Street, Huntington Beach, in the amount of $6,380.00, being the lowest bids meeting specifications, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Bids received for Bid Item 287, One Each Reel Mower and One Each Rotary Mower, are on file in the Clerk's office. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, the contract was awarded to B. Hayman Company, Incorporated, 9525 Sorenson Avenue, Santa Fe Springs, in the amount of $5,788.00, and Torro Pacific Distributing, 16212 South Broadway, Gardena, in the amount of $4,395.00, being the lowest bids meeting specifications, by the following roll call vote: AYES:. Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Costa -Mesa Bids received for Costa Mesa Welcome Sign on Harbor Welcome Sign Boulevard at MacArthur Boulevard, are on file in the Clerk's office.. On motion by Councilman Hammett, Awarded seconded by Councilwoman Hertzog, the contract was Sunset awarded to Sunset Construction Company, 1515 West Construction MacArthur Boulevard, Suite.7, Costa Mesa, in the amount of $3,744.00, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Citywide Signal Proposals received by the Director of Public Services System Develop- for Citywide Signal System Development Study, are on ment Study file in the Clerk's office. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, the contract Awarded was awarded to Herman Kimmel and Associates, Incorpor- Herman Kimmel ated, 275 Fifth Street, San Francisco, in the amount of and Associates $8,500.00, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Bid Item 281 Bids received for Bid Item 281, Street Line Striper, Street Line are on file in the Clerk's office. On motion by Striper Councilman Hammett, seconded by Councilwoman Hertzog, the contract was awarded to Idaho -Norland Corporation, Awarded Post'Office Box 66,'Paul, Idaho, in the amount of Idaho -Norland $53,000.00, being the lowest bid meeting specifica- tions, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Air Conditioning Purchase of parts for repair and overhaul of the air System Repair for conditioning system for the Police Department from Police Department Worthington Service Corporation, 14325 Alondra Boulevard, La Mirada, sole source item, was approved in the amount of $9,583.81, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog 1 NOES: Council Members: None ABSENT: Council Members: None The Traffic Commission recommended prohibition of parking on the northerly curb of Anton Boulevard 463 feet east of Bristol Street. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, Resolution Resolution 75-94 75-94, being A RESOLUTION OF THE CITY COUNCIL OF THE Parking Prohibition CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING on Anton Boulevard ON PORTIONS.OF ANTON BOULEVARD, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None 1 1 Budget On motion by Councilman Hammett, seconded by Council - Adjustment woman Hertzog, Budget Adjustment No. 76-20, in the No. 76=20 amount of $12,500.00, for overhauling of the air conditioning system in the Police Facility, was approved by the following roll call vote: k The Traffic. Commission recommended prohibition of parking on the northerly curb of Dale Way 224 feet east of Harbor Boulevard. On motion by Councilman Resolution 75-95 Hammett, seconded by Councilwoman Hertzog, Resolution Parking 75-95, being A RESOLUTION OF THE CITY COUNCIL OF THE Prohibition CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING on Dale Way ON PORTIONS OF DALE WAY, was adopted by the follow- ing roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members:. None ABSENT: Council Members: None The Traffic Commission recommended prohibition of parking on Orange Avenue between 19th and Flower Streets. On motion by Councilman Hammett, seconded Resolution 75-96 by Councilwoman Hertzog, Resolution 75-96, being A Parking RESOLUTION OF.THE CITY COUNCIL OF THE CITY OF COSTA Prohibition MESA, CALIFORNIA, PROHIBITING PARKING ON PORTIONS OF on Orange Avenue ORANGE AVENUE, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Notice of The work has been completed for the construction of Completion the Balearic Storm Drain by G.D.R. Contractors, Balearic Storm Incorporated, 18471 Mount Langley, Suite G., Fountain Drain Valley, to the satisfaction of the Director of Public Services. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, the work was accepted, the Deputy City Clerk was authorized to file a Notice of Completion, and the bonds were ordered exonerated 35 days after the date the Notice of Completion has been filed, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Budget On motion by Councilman Hammett, seconded by Council - Adjustment woman Hertzog, Budget Adjustment No. 76-17, in the No. 76-17 amount of $8,000.00, for Pavement Line Striper, was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Budget On motion by Councilman Hammett, seconded by Council - Adjustment woman Hertzog, Budget Adjustment No. 76-19, in the No. 76-19 amount of $5,000.00, for a vapor recovery system at the Corporation Yard and the Police Facility, was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Budget On motion by Councilman Hammett, seconded by Council - Adjustment woman Hertzog, Budget Adjustment No. 76-20, in the No. 76=20 amount of $12,500.00, for overhauling of the air conditioning system in the Police Facility, was approved by the following roll call vote: k 3.0 AYES: Council Members: Pinkley, Hammett, Agreement - The City Manager presented an agreement with Phoebe Noonan D. Noonan for acquisition of property for the Wilson Wilson Street Street Park Site, Parcel No. 1; in the amount of Park Site $15,700.00. On motion by Councilman Wilson, seconded Parcel No. 1 by Councilwoman Hertzog, the agreement was approved, and the Mayor and Deputy City Clerk authorized to sign on behalf of the City, by the following roll call vote: 1 1 Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members:, None Conference On motion by Councilman Hammett, seconded by Council - Advance woman Hertzog, a Conference Advance in the amount of $160.00, for a Police Captain to attend the CPOA All - Committee Conference in Fresno, October 1 through 3, 1975, was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Fairview Road Item 10c on the Consent Calendar, Fairview Road Widening Widening from Newport Boulevard to Princeton Drive and Dorset Lane to the San Diego Freeway, was Awarded presented.- Bids .received for this project are on C. W. Poss file in the Clerk's office. On motion by Councilman Hammett, seconded by Councilman Raciti, the contract was awarded to C. W. Poss, Incorporated, 7459 Lorge Circle, Huntington Beach, in the amount of $910,666.00, being the lowest bid meeting specifi- cations, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Raciti, Hertzog NOES: Council Members: Wilson ABSENT: Council Members: None Traffic Item lla on the Consent Calendar, a recommendation Movements at from the Traffic Commission for prohibition of Baker Street and left turns at Baker Street and Grant Avenue, and Grant Avenue; installation of a traffic signal at Baker and Babb and Baker and Streets, was presented. On motion by Councilman Babb Streets Hammett, seconded by Councilman Raciti, and carried, this item was held over to the meeting of Held Over October 7, 1975. Warrant On motion by Councilman Wilson, seconded by Mayor Resolution 902 Pinkley, Warrant Resolution 902 was approved by the following roll call vote: AYES: Council Members: Pinkley, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None ABSTAINING: Council Members: Hammett Warrant On motion by Councilman Wilson, seconded by Council - Resolution 903 man Hammett, Warrant Resolution 903, including Payroll 7518, was approved_ by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Agreement - The City Manager presented an agreement with Phoebe Noonan D. Noonan for acquisition of property for the Wilson Wilson Street Street Park Site, Parcel No. 1; in the amount of Park Site $15,700.00. On motion by Councilman Wilson, seconded Parcel No. 1 by Councilwoman Hertzog, the agreement was approved, and the Mayor and Deputy City Clerk authorized to sign on behalf of the City, by the following roll call vote: 1 1 AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Architectural On motion by Councilman Hammett, seconded by Council- Services.for woman Hertzog, and carried, the City Manager, was Downtown Fire authorized to seek proposals from seven firms who have Station designed fire stations within the past five years, for interviews with the City Council in connection with the design of the Downtown Fire Station, prior to January 1, 1976. The City Manager requested the commencement of The City Manager presented a request from the Orange condemnation proceedings for a parcel of land for Daily Pilot park purposes known as Brentwood Street Park Site, Parcel No. 2. On motion by Councilman Wilson, seconded by Councilman Hammett, Resolution 75-97, Resolution 75-97 being A RESOLUTION OF THE CITY COUNCIL OF THE.CITY Brentwood Street OF COSTA MESA, CALIFORNIA, FINDING, DETERMINING, Park Site AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY Parcel No. 2 REQUIRE THE ACQUISITION OF CERTAIN PUBLIC PARK SITES AND AUTHORIZING THE ACQUISITION OF SAID PUBLIC PARK SITES BY CONDEMNATION, AND DIRECTING THE CITY one-half page, at a cost of $487.00, commemorating ATTORNEY TO PROCEED WITH SUCH ACTION, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Irvine, by the following roll call vote: Wilson, Raciti, Hertzog NOES: Council Members: None Wilson, Raciti, ABSENT: Council Members: None The City Manager requested the commencement of condemnation proceedings for a parcel of land for NOES: Council Members: None park purposes known as Charle Street Park Site, Parcel No. 2. On motion by Councilman Hammett, seconded by Councilman Wilson, Resolution 75-98, Resolution 75-98 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Charle Street COSTA MESA, CALIFORNIA, FINDING, DETERMINING, AND Park Site DECLARING THAT THE PUBLIC INTEREST AND NECESSITY Parcel No. 2 REQUIRE THE ACQUISITION OF CERTAIN PUBLIC PARK SITES, AND AUTHORIZING THE ACQUISITION OF SAID PUBLIC PARK SITES BY CONDEMNATION, AND DIRECTING THE CITY ATTORNEY TO PROCEED WITH SUCH ACTION, was adopted by the following roll call vote: AYES': Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Architectural On motion by Councilman Hammett, seconded by Council- Services.for woman Hertzog, and carried, the City Manager, was Downtown Fire authorized to seek proposals from seven firms who have Station designed fire stations within the past five years, for interviews with the City Council in connection with the design of the Downtown Fire Station, prior to January 1, 1976. Orange Coast The City Manager presented a request from the Orange Daily Pilot Coast Daily Pilot for the City to participate in a special section honoring the University of California at Irvine. After discussion, on motion by Councilman Hammett, seconded by Councilman Wilson, the City Manager was authorized to participate in a special one-half page, at a cost of $487.00, commemorating the founding of the University of California at Irvine, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Redevelopment The Council was informed that the Redevelopment Agency Agency Formation has ratified the agreement between the City and the Agreement Ratified Agency concerning formation of said Agency. I Redevelopment The City Manager presented the Redevelopment Agency's Agency recommendation for the Executive Director to commence Negotiations negotiations for the Andial property, located at 1876 for Andial Park Avenue. On motion by Councilman Wilson, seconded Property by Mayor Pinkley, and carried, the Executive Director was authorized to commence negotiations for said property. Public Hearing The Deputy City Clerk announced that this was the General Plan time and place set for the public hearing for.the Amendment proposed change for General Plan Amendment procedures Procedures of the City which would require that amendments to the mandatory General Plan Element be introduced at the first Planning Commission meeting in February, June, and October of each year. 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 Wilson, seconded by Councilman Resolution 75-99 Hammett, Resolution 75-99, being A RESOLUTION OF THE Procedures CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Amended AMENDING RESOLUTION NUMBERS 73-144 AND 75-24 CONCERN- ING THE TIME FOR INITIATING AMENDMENTS TO THE MANDATORY ELEMENTS OF THE GENERAL PLAN, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Deputy City Clerk announced that this was the Final Development _ time and place set for the public hearing for the Plan for Final Development Plan for Properties West, Incorpor- Properties West aced, Dana Smith, 3345 Newport Boulevard, No.. 205, Newport Beach, for a 24 -unit planned development apartment project, located at 2159 Canyon Drive, Costa Mesa, in -a PDR -MD zone. A Negative Declaration of Environmental Impact has been filed. The affidavit of publication is on file in the Clerk's office. No communications have been received. Dana Smith was present to answer questions from Council, and agreed to all conditions as recommended by the Planning Commission. There being no other speakers, the Mayor closed the public hearing. On motion by Councilman Raciti, seconded by Councilwoman Hertzog, the Nega- tive Declaration of Environmental Impact was accepted as meeting the requirements of the law, and Ordinance Ordinance 75-46 75-46, being AN 'ORDINANCE OF THE CITY COUNCIL OF THE First Reading CITY OF COSTA MESA,CONCERNING THE ADOPTION OF THE FINAL DEVELOPMENT PLAN OF PROPERTIES WEST, INCORPOR- ATED, FOR THE PLANNED DEVELOPMENT LOCATED AT 2159 ' CANYON DRIVE, COSTA MESA, CALIFORNIA, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Deputy City Clerk announced that this was the Abandonment of time and place set for the public hearing for the Olive Avenue Abandonment of Olive Avenue between Newport Boulevard and Elden Avenue from Santa Isabel Avenue to Del Mar Avenue, as requested by Tom Holwerda, 2419 Elden Avenue, Costa Mesa, and repeal of setback Ordinances 209 and 380. A Negative Declaration of Environmental Impact has been filed. The affidavits of publishing and posting are on file in the Clerk's office. The following communications in favor of the proposed 1 1 1 abandonment have been received from: Herbert K. Ahn, Post Office Box 4042, Irvine; Mrs. Walter Bledsoe, 2567 Elden Avenue, Costa Mesa; Tom Holwerda, 2419 Elden Avenue, Apartment C, Costa Mesa; Francis J. Reynolds, 119 Del Mar Avenue, Costa Mesa; Gilbert F. Brown, property owner of 2500, 2508, 2516, 2524, 2528 and 2534 Newport Boulevard, and 2519 and 2523 Elden Avenue, Costa Mesa; Roger Smith, Peppertree Automo- tive, 120 Monte Vista Avenue, Costa Mesa; T. ,C. Cunningham, Assemblies of God, Southern California College, 2525 Newport Boulevard, Costa Mesa; Gene W. and Myrtle R. Waggoner, 2573 Elden Avenue, Costa Mesa; and'in addition, a petition signed by 22 homeowners. One communication in opposition was received from William Kanold, 230 Cabrillo Street, Costa Mesa. The following were present and spoke in favor of the abandonment: H. D. Young, 2527 Elden, Costa Mesa; Reverend David Godwin, Mission Viejo, representing Reverend Thomas Cunningham, Assemblies of God, Southern California College, 2525 Newport Boulevard, Costa Mesa; B.. E. Baines, 2465 Elden Avenue, Costa Mesa; and Marshall Wilkinson, 2437 Elden Avenue, Costa Mesa. There being.no other speakers, the Mayor closed the public hearing. A motion by Councilman Wilson, seconded by Councilman Raciti, not to abandon Olive Avenue, failed to carry, Mayor Pinkley, Councilman Hammett, and Councilwoman Hertzog voting no. On motion by Councilman Hammett, seconded by Mayor Pinkley,-the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and Resolution Resolution 75-100 75-100, being A RESOLUTION OF THE CITY COUNCIL OF THE Ordering CITY OF COSTA MESA, CALIFORNIA, ORDERING THE VACATION Abandonment OF OLIVE AVENUE BETWEEN NEWPORT BOULEVARD AND ELDEN AVENUE FROM SANTA ISABEL AVENUE TO DEL MAR AVENUE, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Hertzog NOES: Council Members: Wilson, Raciti ABSENT: Council Members: "None Setback Ordinance On motion by Councilwoman Hertzog, seconded by Council - 209 Repealed man Hammett, Ordinance 75-47, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ordinance 75-47 REPEALING ORDINANCE 209 OF SAID COUNCIL, was given First Reading first reading and passed to second reading by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Hertzog NOES: Council Members: Wilson, Raciti ABSENT: Council Members: None Setback Ordinance On motion by Councilwoman Hertzog, seconded by Council - 380 Repealed man Hammett, Ordinance 75-48, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ordinance 75-48 REPEALING ORDINANCE 380 OF SAID COUNCIL, was given First Reading first reading and passed to second reading by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Hertzog NOES: Council Members: Wilson, Raciti ABSENT: Council Members: None On motion by Mayor Pinkley, seconded by Councilwoman Resolution 75-101 Hertzog, Resolution 75-101, being A RESOLUTION OF THE Street Improvement CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Proceedings FINDING AND DETERMINING THAT THE PROCEEDINGS DESCRIBED Abandoned IN RESOLUTION NUMBERS 64-101 AND 64-102 BE ABANDONED, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Wilson, Raciti, Hertzog NOES: Council Members: Hammett ABSENT: Council Members: None Encroachment The Deputy City Clerk presented Encroachment Permit Permit 85 - 85., Anthony and Colene Beringer, 1151 Baker Street, Beringer Costa Mesa, to allow a 10 -foot planter, a masonry/ chain link fence, and 3 feet of;equipment storage to remain in the right-of-way until such time as Baker Street is widened, located at that address, in a C2 zone. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. The applicant was.present and agreed to all conditions. After discussion, on motion by Councilman Hammett, seconded by Councilman Wilson, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the permit approved subject to conditions as recom- mended by the Planning Commission. Encroachment The Director of Planning presented Encroachment Permit 86 - Permit 86, Back Bay Gardens Homeowners Association, Back Bay Gardens 350 Riviera Drive, Costa Mesa, for permission to Homeowners allow a three-foot encroachment into the right-of-way Association paralleling the north side of Riviera Drive for approximately 350 feet to construct a masonry garden Denied wall, located at that address in an R2 zone. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended denial. James Sitman, representing the applicant, was present to answer questions from the Council. After discus- sion, on motion by Councilman Hammett, seconded by Councilman Raciti, and carried, Mayor Pinkley and Councilwoman Hertzog voting no, the permit was denied. ZE-75-55 The Director of Planning presented from the meeting Watson of August 19, 1975, an application for Zone Exception ZE-75-55, held over to allow sufficient time for Held Over removal of an illegal structure, Ida G. and Robert F. Watson, 1877 Rhodes Drive, Costa Mesa, for permission to encroach five feet into the required five-foot side yard setback to legalize a bedroom and bath addition, located at 1962 Church Street in an R2 zone. The applicants' attorney requested a continuance for additional time to complete the removal of the illegal structure. On motion by Councilman Wilson, seconded by Mayor Pinkley, and carried, this item was held over, to the meeting of October 21, 1975, as requested. ZE-75-81 The Director of Planning presented from the meeting of Hamburger Hamlet September 2, 1975, an application for Zone Exception ZE-75-81, Hamburger Hamlet, Incorporated, 322 North Foothill Road, Beverly Hills, for a variance to encroach 12 feet into the required 20 -foot front yard setback to allow construction of a restaurant glass patio area for use as seating capacity for 57 persons, located at 1545 Adams Avenue in a C1 -S zone. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended denial. No communications have been received. Lynne Paxton, 1642 - 18th Street, Santa Monica, representing the applicant, was present to answer questions from the Council. After discussion, on motion by Councilman Wilson, seconded by Councilman Hammett, and carried, the Exempt Declaration of Environmental Impact was 1 1 LJ accepted as meeting the requirements of the law, and the permit approved subject to conditions. ZE-75-71 The Director. of Planning presented an application Jenkins for Zone Exception ZE-75-71, George E. Jenkins, 2521 Orange Avenue, Costa Mesa, for a variance to allow Withdrawn construction of a seven -unit apartment complex at a 4.2 percent density deviation (one unit per 2,875.7 square feet), located at that address in an R2 zone. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended withdrawal as requested by the applicant. No communications -have been received. On motion by Councilman Wilson, seconded by Councilman Raciti, and carried, the application was withdrawn as requested by the applicant. ZE-75-89 The Director of Planning presented an application for Hicks Zone Exception ZE-75-89, Raymon D. Hicks, 17769 Santa Anita Circle, Fountain Valley, for a variance to Withdrawn allow encroachment of 20 feet into the required 25 - foot rear yard setback, and to allow a reduction in parking stall width from nine to eight feet, and one parallel parking space for the proposed demolition of fire -damaged dwelling unit and reconstruction of said unit on the existing foundation, located at 2180 Elden Avenue in an R2 zone. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended withdrawal as requested by the applicant, and refund of 80 percent of the fee. No communications have been received. On motion by Councilman Wilson., seconded by Councilman Raciti, and carried, the application was withdrawn as requested by the applicant and refund of 80 percent of the fee approved as recommended by the Planning Commission. ZE-75-91 The Director of Planning presented an application for Tredway Zone Exception ZE-75-91, Harold Tredway, 1491 Baker Street, Costa Mesa, for a variance to construct an 18 -unit apartment complex, encroaching seven feet, six inches into the required 15 -foot rear yard setback on Parcel No. 78, and allowing open and covered parking in the front setback on both parcels, located at 1921 Anaheim Avenue and 1922 Meyer Place, in an R3 -CP zone. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions, with the exception of Condition No. 7, as recommended by the Fire Department. No communications have been received. Alvin A. Sugar- man, 1491 Baker Street, Costa Mesa, representing the applicant, requested the deletion of Condition Nos. 6 and 16, concerning fire hydrant installation, as well as Condition No. 7 recommended for deletion by the Fire Department. After discussion, on motion by Councilman Hammett, seconded by Councilman Wilson, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions, as recommended by the Planning Commission, with Condi- tion Nos. 6, 7,. and 16 deleted. Fire Hydrants Councilman Wilson requested that the subject of fire hydrant installation and upgrading, be placed on the agenda for the Study Session in October. Oral Attorney William L. Land, 9350 Wilshire Boulevard, Communications Beverly Hills, representing Dong Chu Kim, in connection with a dance permit for Club 2001, was present and requested the dance permit previously denied at the September 2, 1975,.Council meeting, be amended to an adult dance permit, and approved. After discussion, on motion by Councilman Hammett, seconded by Mayor Pinkley, and carried, the Council recommended that the applicant submit an amended application, to be processed through the normal staff procedures. Joyce Martin, 2924 Redwood Avenue, Costa Mesa, displayed oil paintings of the Estancia, which were painted at the request of the Bicentennial.Committee by Thelma Paddock Hope, 400 Dahlia.Avenue, Corona del Mar. On motion by Councilman Raciti, seconded by Councilman Wilson, and carried, the City Manager was authorized to negotiate the purchase of the second painting, "Sheep Herder at the Estancia." The City had previously agreed to purchase the other painting. On motion by Councilman Hammett, seconded by Council - Resolution 75-102 woman Hertzog, Resolution 75-102, being A RESOLUTION OF Oil Paintings THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, by Thelma Paddock IN'APPRECIATION TO THELMA PADDOCK HOPE FOR HER ARTISTIC Hope ENDEAVOR CREATING AN HISTORICAL RECORD FOR THE CITY OF COSTA MESA OF THE UNITED STATES. BICENTENNIAL CELEBRATION IN THE YEAR 1976, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None On motion by Councilman Wilson, seconded by Councilman Resolution 75-103 Raciti, and carried, Resolution 75-103, being A Commending RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Joyce Martin MESA, CALIFORNIA, COMMENDING JOYCE MARTIN FOR HER VITAL INTEREST IN THE COSTA MESA BICENTENNIAL COMMITTEE, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Boys Club Chick Clarke, 1079 Corona Lane, Costa Mesa, represent - of the ing the Boys Club of the Harbor Area, presented -the Harbor Area Council with a check in the amount of $1.00 for the final payment on the lease for the Central Branch. He expressed appreciation for the assistance given by the City of Costa Mesa, and noted that the board is presently looking into a new location on the west side of Costa Mesa. Councilmanic Councilman Hammett requested that the Sign Ordinance Comments be re-evaluated regarding top floor signage and requested this item be placed on the agenda. On motion by Councilman Hammett, seconded by Councilman Wilson, and carried, the request was approved. Prohibition Councilman.Hammett requested that smoking be prohibited of Smoking in the Council Chambers. On motion by Councilman Hammett, seconded by Councilman Wilson, Ordinance Ordinance 75-49 75-49, being AN ORDINANCE OF THE CITY COUNCIL OF THE First Reading CITY COUNCIL OF THE CITY OF COSTA MESA, PROHIBITING SMOKING IN THE COUNCIL CHAMBERS DURING ALL PUBLIC MEETINGS, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Hammett, Wilson, Hertzog NOES: Council Members: Pinkley, Raciti ABSENT: Council Members: None 'J 1 1 1 Adjournment The Mayor declared the meeting adjourned to an to Executive Executive Session at 8:45 p.m., and the meeting Session reconvened at 9:40 p.m. On motion by Councilman Wilson, seconded by Mayor Resolution 75-104 Pinkley, Resolution 75-104, being A RESOLUTION OF THE Condemnation of CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Property at FINDING, DETERMINING AND DECLARING THAT THE PUBLIC Plumer Street INTERESTS AND NECESSITY REQUIRED THE ACQUISITION OF A FIRE STATION SITE, AND AUTHORIZING THE ACQUISITION OF SAID FIRE STATION SITE BY CONDEMNATION, AND DIRECTING THE CITY ATTORNEY TO PROCEED WITH SUCH ACTION, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None On motion by Councilman Hammett, seconded by Councilman Resolution 75-105 Raciti, Resolution 75=105, being.A RESOLUTION OF THE Condemnation of CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Property at FINDING, DETERMINING AND DECLARING THAT THE PUBLIC Center Street INTERESTS AND NECESSITY REQUIRE THE ACQUISITION OF A FIRE STATION SITE, AND AUTHORIZING THE ACQUISITION OF SAID FIRE STATION SITE BY :CONDEMNATION, AND DIRECTING THE CITY ATTORNEY TO PROCEED WITH SUCH ACTION, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Adjournment The Mayor adjourned the meeting at 9:45 p.m. 001* Mayor of the City of Costa Mesa ATTEST: City Clerk of the City of sta Mesa