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HomeMy WebLinkAbout10/02/1972 - City Council1 1 REGULAR MEETING OF THE CITY COUNCIL . . CITY OF COSTA MESA October 2, 1972 The City Council of the.City of Costa Mesa, California, met -in regular session at 6:30 p.m., October 2, 1972, at the.City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by Alfie Howard,.dne of London's Town Criers, followed.by the Pledge.of Allegiance to•the Flag and Invocation by the Rabbi Garson Goodman, Temple Sharon,` Costa Mesa. The Mayor presented -Mr. Alfie Howard, a Town Crier from London, visiting Costa Mesa for the British Expo.-On'motion.by Mayor Hammett, seconded by Councilmen Jordan,-Pinkley, Wilson and Raciti, Resolution 72-96 Resolution 72-96-, being A RESOLUTION OF -THE CITY Alfie Howard COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Town Crier APPOINTING ALFIE HOWARD,..HONORARY TOWN CRIER FOR .THE -CITY OE COSTA MESA, CALIFORNIA, STATING REASONS.;THEREFOR, ANDI'PROVIDING FOR DISPOSITION OF OFFICIAL COPIES OF THIS RESOLUTION, was adopted by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES:_. '. Councilmen:- None ABSENT:.. Councilmen: None Mayor Hammett presented -.Mr. Howard with a letter to m the Mayor of London expressing Costa Mesa's appre- ciation for .being allowed to house the British Expo 72.. The Mayor presented .an Honorary Citizen Certificate to Mr. Alfie Howard. Mr. Howard addressed the Council -briefly. Roll Call Councilmen Present: Hammett, Jordan, Pinkley,"Wilson, Raciti Councilmen Absent:` None Officials.Present: City Manager, City Attorney, Development Division Engineer, Director of Planning, Deputy City Clerk Proclamations Councilman Pinkley read a proclamation designating Fiesta de Costa the -week of.October:9.through October 15, 1972, as Mesa Fiesta de Costa-.Mesa.Week. On motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, the proclamation was approved. Fire Prevention Councilman Wilson 'read -a proclamation .designating Week the week of..October_8.through October 14-; 197.2, as Fire.Prevention Week:: On motion by Councilman Wilson,. seconded by Councilman Pinkley, and carried, the proclamation.was`approved. Bank of The Mayor.presented Mr. Simpson, Mr. Walsh and Mr. Costa Mesa Fowler of the Bank of Costa Mesa. Minutes On,motion.by Mayor:Hammett, seconded by Councilman September 18, 1972 Jordan, and carried,, the Minutes of the regular meeting:of.September'18, 1972, were approved.as distributed and posted,:as there were no corrections. m Ginny Morrison The Deputy.Clerk presented from the meeting of Realtor's Sign September 18, 1972, a request to appeal regarding Tabled Planning Commission's decision for a sign at Ginny.Morrison Realtor's, 1505A Mesa Verde Drive East. The applicant was not present. On motion by Councilman. Jordaii, seconded by Councilman Wilson, and carri.ed., the request to appeal was tabled until such time as applicant.contacts Council. Re-evaluation of The Deputy Clerk presented from the meeting of Standards of State September 18, 1972, Items 2 and 3 under Old-Busi- Water Quality ness,.resolutions from.the City of Newport Beach Control reques.ting.re-..evaluation of existing ocean water Reaffirm quality control standards in connection with recent promulgation of a Water Quality Control Plan by the California State.Water,Resources Control Board and the -City of Anaheim requesting a rehearing and re=evaluation of the -standards of the State of California.Water Quality Control Plan. On motion by Councilman. Wilson,:seconded by Councilman Jordan, and.carried, the Council reaffirmed their position of previous meetings and directed this information..be relayed to the .Orange County League of Cities.. Wilderness Park The`D'eputy Clerk presented from the meeting of Chino Hills September 18, 1972, a resolution endorsing the con - Held Over cept of_ a wilderness park in the Chino Hills from the City.of."Buena.Park. City Manager reported that this item has been referred to the Aviation Committee:- On motion by Councilman Wilson, seconded by..Councilman.Pi.nkley,-and carried, recommendation was withheld.until a report is received from the Aviation Committee and the Deputy Clerk directed to relay this information to the Orange County League of Cities. Nuisance Actions The Deputy'Clerk presented from the meeting of July Against Public 17, 1972, a resolution from the City of Newport Airport Operators Beach opposing any State Legislation which would - Oppose abrogate the decision of the California Supreme Court in the case of Nestle v. City of Santa Monica, as.it relates to nuisance actions brought against the public airport operators. Mayor Hammett pre- sented a report from the Aviation Committee recom- mending the Council oppose the resolution. On motion by Mayor Hammett, seconded by Councilman Wilson, and carried, the Council went. -.on record as opposing Resolution No. 7751 from the City of Newport Beach. Public Cable On motion.by.Councilman Wilson, seconded by Television Hearing Councilman Pinkley, Ordinance 72-35, being AN on Franchise ORDINANCE OF..THE•CITY COUNCIL OF THE CITY OF COSTA Ordinance 72-35 MESA DELEGATING TO THE.PUBLIC CABLE TELEVISION Adopted AUTHORITY THE RIGHT TO.:HOLD PUBLIC HEARINGS ON THE GRANTING.OF FRANCHISES FOR PUBLIC CABLE.TELE- - VISION WITHIN SAID CITY -,.was adopted by the following roll call vote,: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES': Councilmen: None ABSENT: 'Councilmen:- None R-72-18 On motion by Councilman Jordan, seconded by Ward and Jacobsen Councilman -Wilson, Ordinance 72-36, being AN Ordinance 72-36 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Adopted MESA, CALIFORNIA, CHANGING THE ZONING OF LOTS 2, ; J'' c -.tee � 3 AND 4 OF TRACT 3952, '.FROM M1 TO AP -CP, in connection with Rezone Petition R-72-18, Fred and Ruth Ward and Anna.'Jacobsen, for property located -at.702, 708. and 714 Randolph Street, was adopted by the ,following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES:' Councilmen's None ABSENT: Councilmen: None CONSENT CALENDAR ITEMS: The following items were removed from the Consent Calendar for discussion: Item 11, a request from the Bank of.Costa Mesa to es,tablish.a temporary building on Harbor Boulevard between"Baker And"Dale Streets; and Item 16, a Notice of Intention to Solicit for Charitable Purpose -from Leo Rovin,'President, Coastline - Chapter, United Nations Association of U.S.A., 2096 Federal Avenue. On motion by Councilman Jordan, seconded by Coun- cilman Wilson, the following Consent Calendar Items we're approved by the following roll call vote: AYES:Councilmen:- Hammett, Jordan, Pinkley, Wilson, Raciti -NOES: -Councilmen: None `ABSENT: -Councilmen:' None Watson Tax A resolution from the City of Newport Beach Initiative. expressing its opposition to the Watson property tax limitation initiative measure, was -received and processed -.-- Trailer Coach A notice' -from -Houston .I. Flournoy, Controller of the Fees State. of California; of apportionment of trailer coach fees to Counties in the State, was received and processed. Well-being of A resolution from the City of Westminster pro= Handicapped moting the well-being of the handicapped; was rec6ived:and processed. Sanitary. -District A notice of hearing on September 27, 1972, by the Engineer'"s N6.-145 -Local Agency Formation Commission on proposed annexation `to 'the Costa Mesa Sanitary District designated Engineer's No. 145 annexation, was received and"processed: Sanitary District A-n:otice of hearing on'September 27, 1972, by the Engineer's No..146 Local Agency Formation Commission on proposed annexation-to.the Costa Mesa Sanitary District designated Engineer's No. 146 annexation, was. received'and.processed.--__ Undergrounding Notice'of hearing before the Public Utilities Electric and Commission on, October 19, 1972, to investigate the Communication Commission's motion to adopt.statewide plan-aind Systems schedule for the undergrounding of all electric and communication distribution systems in proximity to state scenic highway pursuant to Public Utilities Code Section ­320'; was received and processed. Improve Portions A joint resolution of the Board of Directors of of Santa Ana County Sanitation Districts Numbers 1, 2, 3, 5, 6, River .7, and 11 of Orange County requesting the.Board of Supervisors`of-the County of Orange to improve portions -of 'the Santa Ana River to mitigat'e:the potential inundationof the Districts' treatment plants.numbers 1 and 2,,was received. On motion by Councilman.Jordan, seconded by Councilman Resolution 72-97 ,Wils.on,.Resolution 7.2-97, being A RESOLUTION OF .THE 'C ' ITY.COUNC.IZ OF THE CITY OF COSTA MESA, CALIFRNIA,, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE, CALIFORNIA, TO IMPROVE PORTIONS OF,THE .SANTA ANA RIVER TO MITIGATE THE POTENTIAL.INUNDAT.ION OF THE DISTRICTS' TREAT- MENT PLANTS NOS. 1 AND 2, was adopted by the .following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES:.Councilmen:. None ABSENT:. Councilmen:. None Alcoholic Beverage An application for premises -to -premises transfer License of an.on-sale beer. license for Hazel H. and Young Richard B.. Young, from 2970 Bristol Street to 2285 Newport Boulevard; for which parking was ..-approved by Planning, was received and processed. Smith and An application for person-to-person transfer of Zerwekh an off -sale general license from Donald E., Barbara B., Kathryn E., and William E. Bridges, Frank W. and Sally LaHaye, to William H. Smith and Donald E. Zerwekh, 2267 Harbor Boulevard; for which parking was approved by Planning, was received and processed. National Charity A_reques.t from the National Charity League,._ League Lawn Ticktocker Thrift Shop, -120 East 19th Street, - Sales to conduct special, lawn sales on October 28, 1972; November 18, 1972; January 27, 1973; and April 283, 1973; location approved by Planning, .was approved... Business License A business license application from ARA Services Applications doing business as Rockwell Music Company, 1301 Burke's. East McFadden Avenue, Santa Ana, for one pool Restaurant table. -at Burke'.s Mexican Restaurant, 1700 Placentia Avenue; for which the Police and Fire Departments recommended approval, was approved. The Vegas A business license application,from ARA Services doing business as Rockwell Music Company, 1301 East McFadden Avenue, Santa Ana, for one pool table ,at .The Vegas, .686. -West 19th Street; for which the Police and Fire Departments recommended approval, was approved. Mr. Christmas A business license application from Mr. Frank Tree Trembley, .doing.business as Mr. Christmas Tree, 2200 Harbor Boulevard, for Christmas tree lot, Section 6506, from December 1 to December 24, 1972, was .approve.d.. Orange Coast A Notice of Intention to Solicit for,Charitable League of Women -Purpose from.Orange Coast League of Women Voters, Voters 170.1-C Westcliff, -Drive, Newport Beach, by cor- respondence to business heads and professional people followed_.by a telephone call to each recipient for the Annual Finance Drive, was approved with,;Section.6914J of the•Municipal Code waived.., R-727-21, Rezone Petition R-.72-21, Costa Mesa Planning Hearing Set Commission, Post Office Box 1200, for permission 1 1 . To'rezone.property located east of Bear Street, beti7een Sunflower Avenue and the San-Diego Freeway, from C1-CP to.,C1-S, was set for public hearing; to-be,-held on. October . 16, 19-72, at -6:30 p.m., in the Council Chambers; 77 Fair Drive, Costa-.-Mesar Right of Way The following- right•-of way deed was accepted and -Deed- - ordered-pl:aced.on record with the Orange County Recorder,:by the following roll call vote AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None - ABSENT: Councilmen: None DATE NAME FOR STREET 9-7-72 Robert.Barnhart Wilder Placentia Avenue ^and-Doris Christine Wilder Bank of Costa Mesa Item-1.1-on the Consent Calendar, a request from the Temporary Building- .Bank .of-Costa Mesa (In Organization) to establish a temporary building in which to conduct a commer- -cial and savings banking business on Harbor Boulevard between Baker Street and Dale Street, was presented.-Mayor:Hammett and Councilmen Wilson And Raciti declared publicly that they were applicants -for-stock.:. On motion-by Councilman Wilson, seconded by Councilman Jordan;:,and carried, the request was approved, subject to conditions as recommended by the:cPlanning-Department. Trick or Treat Item,16.on,the.Consent Calendar, a Notice of Intention for UNICEF �to Solicit for-Charitable Purpose from Leo Rovin, President; Coastline.Chapter, United Nations Asso- ciation' of U.S.A., 209.6 Federal Avenue, for the - 'annuaL Halloween "Trick or Treat for UNICEF" Drive by house-to--house solicitation, from October 29 - --, through-October 31, -.1972, was presented. Councilmen Pinkley and Jordan requested the following-condi- tions:.' children•be.:accompanied by adults; and soliciting end--.at dusk, as applied to previous requests:. Mrs. Daily; Co-chairman for UNICEF, was present and`agreed.to•the conditions. On motion by Councilman Jordan,:.seconded by Councilman Raciti, and carried; Councilmen Wilson and Pinkley voting No, the-appli.cation was approved subject to condi- - • tions,�,with. Section. 6914J of the Municipal Code waived: Warrant On motion-by"Councilman Jordan, seconded;by,Coun-- Resolution 743 .cilman�.Pinkley-, Warrant Resolution 743, including Payroll 7219.1.was:approved by the following roll call vote:.. AYES: :Councilmen: Hammett, Jordan, Pinkley, ::•.:...Wilson, Raciti NOES.: .-.Councilmen: None ABSENT: Councilmen: None Warrant On:cmo'tion by)Councilman Jordan, seconded:by Coun- Reso`lution 744 oilman Pinkley, Warrant Resolution 744, was approved by -the following . roll call vote: AYES:. Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES:, Councilmen: None - ABSENT: Councilmen: None Claim ThelCity Attorney presented a claim from Herbert Ford Michael Ford -for damages for false arrest and/or imprisonment, and recommended denial as there ..was no:.liability on:the part of the City. On motion by Councilman Wilson, seconded by` -Council- man Jordan, and carried, the claim was denied. South.Coast Plaza Backwater Easement The City Attorney presented a request .to remove the 'Backwater Easement -for -South Coast Plaza in order to'remove a cloud from.the title of the South .Coast.Plaza property. On motion by Councilman Pinkley, seconded by Councilman Wilson, the Back - .water -Easement with Harold Segerstrom, Jr. for South.Coast Plaza was cancelled in exchange for an indemnity and hold harmless agreement, to be .fbrwarded.to. the grantee for execution, by the ,following roll call vote: AYES.:. Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT:.. -.Councilmen.: None City Attorney The.City Attorney pr.es.ented a request to be out Out -of Country of. .the.country.from October 9 through October 30,. 1972: On motion:by Mayor Hammett, seconded by Councilman.Raciti,.and carried, the City Attorney was-.authorized.permi.ssion to be out of the country as requested.... Street Sweepers The City Manager presented a recommendation that the Bids Authorized Council authorize the City Manager to prepare bids and specificatioiis.for two street sweepers with three cubic yard.capacity and four wheels. On. motion -by Councilman'Wilson, seconded by Council- man Jordan,' and _carried, the City Manager was authorized-to.invite bids for street sweepers. Animal Control Retirement Committee Conference Advance The City Manager presented a recommendation that the City -provide .animal control service after the termination..of the.present contract with the County of Orange on.December 26, 1972; that three Animal Control Officers be hired to provide the . .necessary level:of.service; and that an increase .in:dog.license:fees from $5.00 per annum to $6.00 per annum be.considered to be effective July 1, 1973.. ,On'..motion by Councilman Pinkley, seconded 'by Councilman.'Jordan;:and carried, the recommen- dation was approved. The.City Manager requested appointment.of two Retirement Committee members. On motion by Coun- cilman Jordan, seconded by Councilman Pinkley, and carried, Sergeant Larry Bersch, Police Department, and. -Mr. Jim Irwin, Leisure Services Department, were appointed members of the Retirement Committee with.terms to expire on August 17, 1974. The City Manager presented a request for Conference Advance for Dick Dahill. On motion by Councilman .Jordan, seconded by Councilman Pinkley, a conference advance for:Dick Dahill to attend the American :Institute of Planners in Boston, Massachusetts, from October 7 through October 11, 1972, in the amount of $25.0.00, was approved by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley Wilson, Raciti 1 1 1 TOP ,ICS.Area- Wide, Report Interim Sign. Ordinance Ordinance 72-39 Adopted .The City-Manager:preserited a request for authori- zation'.to`'award a $5',000 contract to Stanford Research Institute'-for'the.updating of TOPICS Area -Wide Report. .On motion by"`Councilman Jordan, seconded by Council- man Pinkley, _City Manager was authorized to award a '$5,000 contract to Stanford Research Institute for the updatifig'of,TOPICS Area -Wide Report, by the foil* ing roll cal l; vote:. ...AYES: Councilmen:' Hammett, Jordan, Pinkley, Wilson, Raciti NOES:-' 'Councilmen- None ABSENT: Councilmen: None The"City Manager presented for adoption an interim sign.ordinance including an urgency measure. On motion by Councilman Wilson, seconded by Councilman Raciti, Ordinance 72-39, being AN INTERIM ORDINANCE �; NOES.:, Councilmen.: None ABSENT:. Councilmen: None Agreement— The'City Manager presented an agreement with the Costa',Mesa - Costa.Mesa-Orange.Coast Lions Club for operation Orange Coast of the Snack Bar at TeWinkle Park. On motion by Lions Club Councilman Wilson, seconded by Councilman Pinkley;''the agreement between the City of Costa Mesa and the Costa Mesa -Orange Coast Lions Club was -approved and the Mayor was authorized to.sign -. on behalf . of . the City, by the following, roll_ call voter AYES:'- Councilmen: Hammett, Jordan,­Pinkley, Wilson, Raciti NOES:- Councilmen: None ABSENT: Councilmen: None Quitclaim Deed -On motion by C6uii6ilman Raciti, seconded by Council- man Jordan, the Quitclaim Deed between Costa Mesa- Orange,Coast Lions Club and the City of Costa Mesa for the Snack Bar at TeWinkle Park was accepted, and the Mayor and Clerk were authorized to sign on behalf. of the City, and the Clerk was directed to place -on`record with'"the Orange County Recorder, by the following roll call vote: 'AYES: -Councilmen: Hammett, Jordan, Pinkley, Wilson,-Raciti NOES: Councilmen: None ABSENT: 'Coun.cilmeri: None Final .Tract The City Manager presented Final Tract Map 7797, Map 779.7, Ward developer is'Roy:.J.' Ward Company, 1709 Westcliff Drive', Newport .Beach; , -11 lots; 2.424 acres, gener- ally located north'of.Wilson Street and east of Placentia'Avenue. On motion by Councilman Wilson, seconded by,Councilman Pinkley, the Final Tract Map'for Tradt'No. 7797 was approved and Council accepted.bn.'behalf of.the public the offer of - dedication 'of' 'Joann Street, Pamela Lane, and Wilson Street for.stteet purposes, and did accept on behalf of the'.City' .of _,Costa Mesa the three-foot wide public utility and the ten -foot wide .sanitary sewer:'easement as,:dedicated, and did accept on behalf of the City of.Costa Mesa the -access rights to Wilson Street, and,the Deputy Clerk was authorized.to'sign on behalf of the City, by the following roll call vote: AYES:. Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT:. Councilmen: None TOP ,ICS.Area- Wide, Report Interim Sign. Ordinance Ordinance 72-39 Adopted .The City-Manager:preserited a request for authori- zation'.to`'award a $5',000 contract to Stanford Research Institute'-for'the.updating of TOPICS Area -Wide Report. .On motion by"`Councilman Jordan, seconded by Council- man Pinkley, _City Manager was authorized to award a '$5,000 contract to Stanford Research Institute for the updatifig'of,TOPICS Area -Wide Report, by the foil* ing roll cal l; vote:. ...AYES: Councilmen:' Hammett, Jordan, Pinkley, Wilson, Raciti NOES:-' 'Councilmen- None ABSENT: Councilmen: None The"City Manager presented for adoption an interim sign.ordinance including an urgency measure. On motion by Councilman Wilson, seconded by Councilman Raciti, Ordinance 72-39, being AN INTERIM ORDINANCE �; — OF THE CITY OF COSTA MESA TO PREVENT THE ERECTION OF SIGNS WHICH MAY BE IN CONFLICT WITH'THE PUBLIC INTEREST DURING THE PERIOD OF PREPARATION OF A COMPREHENSIVE SIGN ORDINANCE, was adopted-by,the following roll call vote: AYES. Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: None Interim The City Manager presented an Interim Environ- Envronmental mental Impact Procedure for Council study. This Impact procedure will be, a guideline for issuance of - Procedure Building and Zoning permits. The Council referred the Interim Environmental Impact Procedure to the Study; Session to be held on October 23, 1972, at 7:30 p:m. in -the Council Chambers and directed that the Assembly of Intergovernmental Council and the Board of Supervisors be 'informed of the date of the Study Session. Bert Smith Councilman.Pinkley introduced Mr. Bert Smith, who was one of -Costa Mesa's first Councilmen and a volunteer Fire Chief. The City Council commended Mr. Smith'fOr his many years of service to the City 'of Costa -Mesa. Public Hearing The Deputy Clerk announced that this was the time R-72-20- and place set for public hearing on Rezone Petition Ordinance 72-37 R-72-20, Mr. Clive H. Tillotson, D.V.M., 2976 First Reading Bristol Street, for permission to rezone property at'2970, 2972, and 2976 Bristol Street from R2 and Ml to C1 -CP.'- The affidavit of publication is on file in'the Clerk's office. No communications had been received. The.applicant was not present. There being no speakers, the Mayor closed the., public hearing. On motion by Councilman Jordan, seconded by Councilman Wilson, Ordinance 72-37, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PORTIONS OF LOT 9, BLOCK E, BERRY TRACT, FROM R2 AND M1.T0 C1 -CP, was given first reading by the following roll call vote: AYES: 'Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES:' Councilmen: None ABSENT: Councilmen: None Public Hearing The Deputy Clerk announced that this was the time Amendment to and place set for public hearing.on a proposed Section 9293.1.1 amendment to Section 9293.1.1 of the Land Use Held Open Ordinance (uses permitted in the C1 Local Business ,District) to include "Sports -Amusement -Centers." The affidavit*of publication is on file in the Clerk's office. The Deputy Clerk read eight communications in favor of the proposed amendment. On motion by Councilman Jordan, seconded by Coun- cilman Raciti; the public hearing for amendment to Section 9293.1..1 was held open for two weeks and the City Attorney. directed to modify the proposed amendment.to include a greater variety of amuse- ment activities and not limit the activities to under -roof conditions, by the following roll call vote: . AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti J NOES:, Councilmen: None ABSENT: Councilmen: None i 1 1 Town Center The Deputy Clerk announced that this was the time District and`,.place set.for public hearing on a proposed Held Open Town Center (TC).District Ordinance. The affidavit of publi.cation.is=on-file in the Clerk's office. -No communications have been received. On motion by Councilman,Wilson, seconded by Councilman Raciti, the public hearing for a proposed Town Center (TC) District Ordinance was, held -open until the meeting of, October 16.,._1972,, by the following roll call vote: . AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson,-.Raciti NOES:. Councilmen: None, ;- :ABSENT:.Councilmen: None Procedural The Deputy:Clerk presented a Procedural Ordinance Ordinance of.the_City Council of the City of Costa Mesa. On Ordinance -72-38 motion by.Councilman.Jordan, seconded by Council - First -Reading man Wilson, Ordinance,72-38, being AN ORDINANCE OF= THE CITY ,COUNCIL OF -THE CITY OF COSTA MESA -ADOPTING PROCEDURAL RULES AND REGULATIONS FOR.CON- DUCTING CITY BUSINESS AT CITY COUNCIL MEETINGS; SETTING FORTH RESPONSIBILITIES WITH RESPECT TO CITY MAIL;-SETTING.FORTH RESPONSIBILITIES WITH RESPECT TO. ORDINANCES, RESOLUTIONS AND CONTRACTS AND ESTAB- LISHING COUNCIL MINUTES OF OFFICIAL RECORDS OF THE CITY OF COSTA MESA, was given first:reading by the „ -following. roll. call, vote: :. AYES:;,,Councilmeno Hammett, Jordan, Pinkley, Wilson, Raciti NOES:.Councilmen: None ABSENT:. Councilmen: -None Charles A. Beck The Deputy Clerk presented the resignation of Resignation from Charles.A. Beck, Vice Chairman, Costa Mesa Planning Planning Commission. ,Mr. Beck w,as present and addressed the Commission Council. The Council commended Mr. Beck for his years -of service with,the Planning Commission. On motion by Councilman Jordan, seconded by Councilman Wilson.,.the resignation was accepted with regrets, by the; following, .roll :.call vote AYES:,,,Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: ,Councilmen: None ABSENT: Councilmen.: None Request to Appeal The.Deputy Clerk presented a request -to appeal Marie Calendar Building Permit condition for remodeling at Marie Pies -Calendar-Pies, 353 E.,17th Street. Applicant. was Held Over not present:. On,motion by Councilman Hammett,_ seconded by -Councilman Wilson, the request_to appeal .was.,held.over until the meeting of October"16, 1972, by the, following„roll ,call vote: _.AYES: Councilmen: Hammett, JordanP Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: None R-72-10 ?The D.eputy.,.Clork presented Rezone Petition Perry R-72-10,_,Albert Perry,. -,4365 Greenwick Circle, Withdrawal Sacramento ._for.permission to rezone property located at 844 Baker.Street, from Al to R4 -CP; Planning_Commission.,recommended withdrawal as requested by applicant. On motion by Councilman Wilson, seconded by Councilman Jordan, and carried, -the request for withdrawal was approved. �cv ZE-72=9 1` The`Deputy=Clerk 'presented an application for Thonet Zone'Exception ZE�-72-91, Theodore Andrew Thonet, 3104'Lincoln Way,-for permission to encr6ach=7.3 feet Into the required-`20.8-foot rear yard set- .-back-for°addition of a'family room and bedroom on property located at�'3104 Lincoln Way, in an R1 zone: Planning Commission recommended approval. Applicant was present. On motion by Councilman Pinkley, seconded,by;Councilman Wilson, and carried, the application was approved. ZE-72-92 The Deputy Clerk presented an application for Daughtry's Texaco Zone Exception ZE-72-92, Daughtry's Texaco, 3001 Withdrawal Harbor Boulevard,'for permission to put U-Haul trucks.and trailers in rear and on one side of existing service.station for rental, on property " located'at'3001 Harbor Boulevard, in a Cl zone. The applicant has requested withdrawal."-`On' motion by'Councilman.°Pinkley, seconded by -Cour- cilman Wilson; and carried, the application was withdrawn'as requested by applicant. ZE-72-93 The Deputy Clerk presented an application for Miller 'Zone Exception ZE-72-93, William T. Miller, 1633 Cornwall-Lane, Newport Beach, for permission to construct a two-story commercial building to meet the "CP" standards, on property located at 23-6-Ogle Street, in--a 'C-1-CP zone. Mr. Granville Wall, the-.applicant's partner, was present and addressed the Council.- On motion by Councilman Jordan,,. seconded by Councilman Raciti,,motion was made to deny the application. After discus- sion Councilman Jordan withdrew his motion. On motion by Councilman Hammett, seconded by Coun- cilman Pinkley; actiori.�was delayed-for- two weeks with suggestion: that'the applicant alter his building plans to meet standards and the CP requirements be-reviewed. Ginny Morrison Held over'from'earl"iet in the meeting, the request Realtor's Sign 'to appeal Planning Commission's decision for a sign-at:'Ginny-Morrison Realtor's, was presented. The applicant was still not present. On motion by Councilman Jordan, seconded by Councilman Raciti, arid' carried, the `request was tabled until notified by the applicant to.return to agenda. Oral Mr'. John.Stonis, 2506,' Via Marina, Newport Beach, Communications, requested.Council waive Condition No. 3 on his ZE-72-36 building permit requiring a six-inch curb, as this Stonis condition'had'been deleted from his Zone Exception ZE--72-36; by previous Council action. On motion by Councilman Wilson, seconded by Councilman Jordan, and carried, Councilmen Pinkley and Raciti voting No, the condition was withdrawn. Oral Sam Wakely,.a resident of Costa Mesa, addressed Communications Council concerning the condition of the City's surface streets, sidewalks, and walkways. He also complained` about the landscaping problems on Fair "Drive and read a letter he had received from Mr. Sorsabal. The City'Council thanked him for bringing`these problems to their attention. Mr. Joe Donaldson, 2702 San Lucas, addressed the Council'regarding'abaridoned cars-on Presidio near Newport Boulevard. He suggested the curbs be painted red, and Council referred this matter to the City Manager. 1 Mrs. Jane.B. Johansen of Costa Mesa spoke against 1 the.7nudie" bars in the City, and presented the Council with a copy ofa. poem she has written on this.s.ubject..' The Council thanked Mrs. Johansen for_her comments. Mr...Norman ,Vroman;. -160 -West Wilson, spoke con- cerning.nude bars -j. and requested Council check with the Police..Department to determine the number of. -complaints received regarding the nude bars.. The.Council thanked Mr. Vroman for his comments.. Mr. Howard ,Kimball:, . -27.6 Santa Isabel, also spoke against nude bars, asking what is being -done about -them. City. -Attorney Roy June explained the legal problems.iuvolved and -said they are still being studied by,.the State and other entities. He also informed Mr. Kimball that our ordinance has now been declared unconstitutional; therefore, we cannot enforce it. ;Mr.-Bill:McKay,,2525, Newport Boulevard, addressed the�Council.regarding-a traffic accident he was -involved-in.with a car driven by a woman under .the influence of alcohol. He questioned the -manner-. in -which th.e..Police Department handled the report. The Council.;referred the matter.:to the City Manager for -i:nves.tigation. Mr:. Andy: Ottolia,.--1773..Tanager Drive, , complained ab,out..-ithe.apartment complex now: being. constructed at; Adams -Avenue and Golf Course Drive and wanted to know, if the environmental study would affect the,building of thisrcomplex. The City Attorney informed Mr. Ottolia that it was undecided at this time whether -the -building permits would be issued... . Mrs.: Shelba Marsh; 614 West Bay Street, addressed the Council.regarding,her request for petting zoo at the Fairgrounds. She was advised that her request .had- not.:.been received by, the. Council or the Deputy.Cler-k;and was requested to- forward an.'other,copy as;soon.:as possible. Councilmanic Mayor Hammett -presented a recommendation from the Comments .Aviation Committee for the appointment of Mr. Aviation Committee. ,Richard A.-McClurgto fill the remaining vacancy on Appointment :' .-the-Committee., On motion by Mayor Hammett, seconded by -Councilman :Wilson, and carried, Mr. Richard;A., McClurg -was appointed to the Aviation Committee for a term of two years. Adjournment The Mayor adjourned.the meeting at 8:45 p.m. 1