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HomeMy WebLinkAbout10/16/1972 - City Council8 REGULAR -MEETING OF THE CITY COUNCIL CITY .OF COSTA MESA -- October 16, 1972 The City Council of the City. of Costa Mesa, California;>met in regular session at 6:30 p.m., October -16, 1972,.- at i,the City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, --followed by the Pledge -of Al'legian:ce•to the Flag and Invocation by Mr. Carl Egetter, First Church of Christ Scientist. Roll Call Councilmen Present: .,Hammett, Jordan, Pinkley, Raciti Councilmen Absent: rWilson Officials Present: "City Manager, Assistant City Attorney, Director of Engineering Services/City Engineer, Director of Plan- ni.ng, City Clerk Envoy Honorary Newsman Award Councilman-Wilson--is.-acting as.envoy for the City of .Costa Mesa -to -the annual conference of the -League of California'Cities, Anaheim. An Honorary Newsman Award was presented to Mayor Hammett by Rudi Neidzielski, representative for the',Daily Pilot. Proclamations Councilman Jordan read a proclamation designating Modern -Volunteer' the month of. -October as Modern Volunteer Army Army Month.- On•motion,by Councilman•Jordan, seconded by Councilman Pinkley, and carried, the procla- mation was approved. Junior Councilman-Raciti read a proclamation designating Involvement the month of October as Junior Involvement Month. On motion by Councilman Raciti, seconded by Councilman'Jordan, and carried, the proclamation was approved. ' United Way On motion by -Councilman Pinkley, seconded by Resolution 72-98 Councilman Jordan, Resolution 72-98, being A RESOLUTION OF T- HE CITY COUNCIL OF THE CITY'OF COSTA MESA, CALIFORNIA, COMMENDING'THE EMPLOYEES OF THE CITY OF COSTk MESA FOR THEIR OUTSTANDING :PARTICIPATION IN -THE UNITED WAY PROGRAM -IN 1972 AND ENCOURAGING THAT THIS ATTITUDE BE CONTINUED DURING THECURRENTCAMPAIGN, was adopted, by. the following roll call vote: AYES:- Councilmen: Hammett, Jordan, Pinkley, Raciti WOES: Councilmen: None ABSENT:: Councilmen: Wilson City Clerk Mayor Hammett read a letter addressed to The Trip to Germany Honorable Mr. Jack Hammett from Der Oberburger- meister Der Stadt Heidelberg regarding a visit by Mrs. Eileen P. Phinney,' City Clerk, to the Heidel- berg -City Hall during a recent trip to Germany. Mrs. Phinney carried from Mayor Hammett, Honorary Citizen Citations to Lord Mayor Reinhold Zundel and to Mayor Hans Georg Gerken of the City of Heidelberg. The letter dated September 14, 1972, thanked Mayor Hammett for Mrs. Phinney's visit and sent -to the citizens of Costa Mesa kindest regards and -good wishes. Mayor Hammett commended Mrs. Phinney on her representation of the City of Costa Mesa. 1 1 1 1 1 1 Minutes_-. Tfie Mayor -declared -the Minutes of the regular October 2, 1972 meeting of October 2, 1972, approved, as'dis- tributed and posted. Tillotson The Clerk presented for second reading -and R-72-20 adoption, Ordinance 72-37; in connection with Ordinance 72737 Rezone Petition R-72-20, Clive H. Tillotson, Adopted D.V.M., 2976 Bristol Street, for property located at 2970;-2972, 2976 Bristol Street. On -motion by Councilman Pinkley, seconded by Councilman Raciti; 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, FRO24'R2 AND M1 TO C1 -CP, was given second reading and adopted by the following roll call. vote Procedural Ordinance. Ordinance 72-38 Adopted. Request to;Appeal'. Marie, -Calendar Pies -.- .-Denied AYES: Councilmen:. Hammett, Jordan, Pinkley, Raciti NOES: Councilmen: None ABSENT: Councilmen: Wilson ,The Clerk.presented for second reading and adoption, Ordinance 72-38, relating to procedural rules and regulations of the City Council of the City of Costa Mesa. -On motion by Councilman Jordan;_.seconded by -Councilman Raciti, Ordinance 72=38;. being AN ORDINANCE OF THE CITY -COUNCIL -OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING`. PROCEDURAL, -RULES -AND -REGULATIONS FOR CONDUCTING 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-secoird reading andadopted by -the following roll_ call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Raciti NOES: Councilmen: None ABSENT: Councilmen:; Wilson The Clerk presented from the meeting of October 2,..:1972,..a'.regitest to appeal a condition on a _Building Permit for remodeling at Marie Calendar P-ies,..353 East 1Jth Street. Director of Planning recommended denial. Mrs: Kennedy, representing .Marie Calendar Pies, spoke in support of the appeal. Director of Engineering Services reported that it would,be-in`eXcess of seven years before widening construction would begin on 17th Street. Areal estate broker representing Marie Calendar Pies; addressed the Council regarding reimburse- ment --for this dedication. Council stated it is City policy to accept dedication of land for improvements 'that=directly benefit the business involve d;'without,making reimbursement to the pro.perty:owner.for the dedication: On motion by Councilman. Jordan,; -seconded by.Councilman Pinkley, and carried,,the request to appeal was denied. CONSENT:CALENDAR ZTEMSc Item 29,'Dee 0. Casey, Sr., was_.removed: from the -'Consent Calendar. On Motion'�by Councilman -Jordan, seconded by Councilman Pinkley'and carried, the following Consent_'Calendar items were approved in one motion: 14 Boy's Club of An annual rent-,:of:$1:00 as specified in lease Harbor Area for .Upper-. Bay Branch building from Boy's Club of the-HarborArea,.was accepted. Greenbelt Progress A -.Greenbelt Progress Report from Rod Sackett, - Report Greenbelt. _Coordinator;.was received and processed. Public Cable An Ordinance.from the.City of Westminster Television Authority delegating to the Public Cable Television Hearing on Authority the.righ:t to hold public hearings Franchises on: the granting of -franchises for public cable television within the "City of Westminster, was received and processed. Proposed Airport A Resolution from the City of Tustin opposing the in Chino Hills proposed airport in Chino Hills and urging an areawide effort..to eliminate any further con- sideration of an airport in.the area, was received and processed. Engineer's No. 143 Al notice of hearing by the Local Agency Formation Annexation Commission -on -proposed annexation to Costa Mesa District designated Engineer's No. 143 Annexation, was received and processed.- Communications received•.in opposition of Pro - City of Half position 20 as follows: A Resolution from the Moon Bay City of Half Moon Bay was received and processed; Citizens Against The A letter.and.-Fact Sheet.from the Citizens Against Coastal. Initiative The Coastal Initiative was received and processed. City of Torrance A letter -and resolution from the City of Torrance protesting erection protesting the erection of massive 100 -foot steel of 100 -foot trans- transmission towers on -residential streets by the mission towers Southern California -Edison Company and objecting to the decision -.of the Public Utilities Commis - Resolution 72-105 Sion that.such'residential streets are appropriate locations therefor. On motion by Councilman Jordans -seconded by Councilman Pinkley, Resolution 72-105,. being ARESOLUTION OF THE CITY COUNCIL OF THE -CITY OF COSTA MESA, CALIFORNIA, SUPPORTING THE CITY.OF TORRANCE IN THEIR -PROTEST OF THE ERECTION OF.MASSIVE,100-FOOT STEEL TRANSMISSION TO ON THE.RESIDENTIAL STREETS OF TORRANCE-BY THE SOUTHERN.CALIFORNIk EDISON COMPANY AND OBJECTING TO.THE DECISION.OF THE'PUBLIC UTILITIES COMMISSION THAT SUCH RESIDENTIAL=STREETS ARE APPROPRIATE . LOCATIONS THEREFOR,'was.adopted by the following roll call vote:. AYES: Councilmen: Hammett, Jordan, Pinkley, Raciti NOES:. .Councilmen: None .,ABSENT: 'Councilmen:.. Wilson Resolution opposing No, -,action was taken on Resolution 4747 from Buena Environmental Park opposing Environmental Impact Statement of. Impact Statement, the Army on Los Alamitos Naval Air Station, as on Los Alamitos recommended by the -Aviation Committee. Naval Air Station Alcoholic Beverage An application for person-to-person transfer of an Licenses on -sale beer license from Beverly D. and Elmo M. Little Bavaria Gregory, 2052 Newport Boulevard, to Harold C. Hofbrau Trader, Little,Bavaria Hofbrau, 2052 Newport Boule- vard;:,for which .parking was approved by Planning, was received and -processed. Douglas.B. An application for an original on -sale general Moorelicense for Douglas.,B —Moore, Mi Casa, 296 East Mi Casa 17th Street;= ,f or..which_.parking was approved.':by Planiiing;;was_..received.and processed.. Raub, B.ein, Frost Christmas Tree Lot Noonan & Associates' Temporary Mobile Offices . Business- License ' Applications Circus Optimist Club Christmas Tree Lot Noonan Globe Trade - Exchange. Epilepsy'.SocietT:: Solicitation Park Land Dedication Hearing Set Park.. Land:-,: Dedication Hearing Set'.- A, -request from.Raub,: Bein, Frost & Associates, 136 Rochester Street, Post Office Box 117, for .permission:.to use temporary mobile offices at _127.East 18th Street,.for an additional six. monthg;:1or which -Planning Department recom- :.mended approval,, was approved.. :An: -application from.Bruce B. Howey, Chairman, Optimist_.Club :._and;,John. Strong Circus, Post Office. Box 2172, Costa Mesa; fora circus .at Harbor Boulevard, on November 4, 1972, was approved:.vith-one-half fee waived due .to non- profi.t.organization; and subject to plot plan attached to'application and approved by Director of . Planning; :. any.: change of location to b.e re- evaluated by. the Planning staff. An.:.application .-from V. .F. .and Douglas D. Noonan, :Noonan ,.Xmas Trees.; ._ 2207 Avalon -Street, for _Christmas tree.lot:at:.2111 Newport Avenue from December 5 through December 23, 1972, was approved. An:applicatiov.1from Roscoe L. Leach, Assistant to the President, Southern -California College,. _:;2525 Newport -Boulevard, for Christmas trea.lot _on campus,, December. 2.,through December, 24,. 1972, was: approved.._. _ An�application:from-Mrs. H. Arthur. Martinez, Carnival Chairman;cSt._,John the Baptist Catholic School and_D&M; Enterprises of Villa Park, for -a. carnival at 1021.Baker:,Street, on October 20, 21 and:22;: •1972,: was approved with one-half fee. waived due to non-profit organization and subject to.,_:..Plot.:plan:a.ttac-hed.to application as approved byT-Dire:ctor of. Planning with certificate of insurance coverage to be on file. An:":appli.cation__from Leib Rosenblum, Auctioneer .:,Globe.Trade:.Exchange; 1225 Broadway, New York, 1'OO.Ol;;for one.=day auction at Bekins, 1.535 .Newport Boulevard, October 11, 1972, was ratified. A_)Noti ce::of Intention to Solicit for Charitable ..Purpose from Orange -:.County Epilepsy Society, 2.730-A:North.-1AainStreet, Santa Ana, 92701, for "volunteer-.b1'ock walkers to collect donations -.-from_neighbors, from November 1 through -November 30, 1972, was approved, with Section 6914J of Municipal Code, -)waived... Proposed -,')Ordinance -,,amending Article 1-E ,Chapter 'IX of the.Municipal Code regarding park land dedication or in=lieu..fees for subdivision was -set for.._.public.hearing at 6:30 p.m.,_November ProposedaOrdin:ance amending Article 2, Division XXII of the Municipal Code regarding park land dedication or-in-lieu.fees.for residential con- struction:; was,.se-t:-.for public hearing at 6:30 p.m., November 6, 1972. X51 Southern California College' Carnival_;:. St..-: John- the ' Baptist Catholic School ` Globe Trade - Exchange. Epilepsy'.SocietT:: Solicitation Park Land Dedication Hearing Set Park.. Land:-,: Dedication Hearing Set'.- A, -request from.Raub,: Bein, Frost & Associates, 136 Rochester Street, Post Office Box 117, for .permission:.to use temporary mobile offices at _127.East 18th Street,.for an additional six. monthg;:1or which -Planning Department recom- :.mended approval,, was approved.. :An: -application from.Bruce B. Howey, Chairman, Optimist_.Club :._and;,John. Strong Circus, Post Office. Box 2172, Costa Mesa; fora circus .at Harbor Boulevard, on November 4, 1972, was approved:.vith-one-half fee waived due .to non- profi.t.organization; and subject to plot plan attached to'application and approved by Director of . Planning; :. any.: change of location to b.e re- evaluated by. the Planning staff. An.:.application .-from V. .F. .and Douglas D. Noonan, :Noonan ,.Xmas Trees.; ._ 2207 Avalon -Street, for _Christmas tree.lot:at:.2111 Newport Avenue from December 5 through December 23, 1972, was approved. An:applicatiov.1from Roscoe L. Leach, Assistant to the President, Southern -California College,. _:;2525 Newport -Boulevard, for Christmas trea.lot _on campus,, December. 2.,through December, 24,. 1972, was: approved.._. _ An�application:from-Mrs. H. Arthur. Martinez, Carnival Chairman;cSt._,John the Baptist Catholic School and_D&M; Enterprises of Villa Park, for -a. carnival at 1021.Baker:,Street, on October 20, 21 and:22;: •1972,: was approved with one-half fee. waived due to non-profit organization and subject to.,_:..Plot.:plan:a.ttac-hed.to application as approved byT-Dire:ctor of. Planning with certificate of insurance coverage to be on file. An:":appli.cation__from Leib Rosenblum, Auctioneer .:,Globe.Trade:.Exchange; 1225 Broadway, New York, 1'OO.Ol;;for one.=day auction at Bekins, 1.535 .Newport Boulevard, October 11, 1972, was ratified. A_)Noti ce::of Intention to Solicit for Charitable ..Purpose from Orange -:.County Epilepsy Society, 2.730-A:North.-1AainStreet, Santa Ana, 92701, for "volunteer-.b1'ock walkers to collect donations -.-from_neighbors, from November 1 through -November 30, 1972, was approved, with Section 6914J of Municipal Code, -)waived... Proposed -,')Ordinance -,,amending Article 1-E ,Chapter 'IX of the.Municipal Code regarding park land dedication or in=lieu..fees for subdivision was -set for.._.public.hearing at 6:30 p.m.,_November ProposedaOrdin:ance amending Article 2, Division XXII of the Municipal Code regarding park land dedication or-in-lieu.fees.for residential con- struction:; was,.se-t:-.for public hearing at 6:30 p.m., November 6, 1972. X51 452 R-72-26 Rezone'.Petitioft R-72-26, Lila McIntyre, -11"7-- McIntyre East Wilson Street, for permission to rezone Withdrawn property located at 117 East Wilson Street, from C2 to R4; was withdrawn in accordance - with -applicant's request. Refund A',request from Irvine Pools, 4301. Birch Street, Irvine Pools Newport Bea6h"92660, for a refund of a deposit on - Permit No. 8489, for construction of a swimming pool,- which -was recommended for approval by the Street.Superintendent, was approved in� the .amount- of $100.00..by the: fol- - lowing- roll call" vote,: AYES", Councilmen: Hammett, Jordan, Pinkley, . ._: Raciti NOESr; Councilmen: None ABSENT: Councilmen: Wilson Refund A _xeques.t from Mr. F. E. Nichols, 205,4 Meyer Nichols Places Costa.Mesa., for=a refund of a deposit on Permit No. 8650, for construction of a swimming pool,.which'was`recommended for approval. -by -the Street Superintendent, was approved in thee -amount _ of $100.00'by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Raciti NOES: Councilmen: None ABSENT.:' Councilmen: Wilson Refund A request from Mr. George Tintle, Orange Coast Orange Coast 'Advertising, 1640 E. Edinger, Santa Ana, Califor- Advertising nia, 92705,..for -a refund on a deposit for sign removal guarantee under ZE-71-11-Amended, 2075 Harbor Boulevard; which was recommended for approval by the Planning Director, was approved in.the amount of $200:00 by the following.roll call vote: AYES:'•".Councilmen: Hammett, Jordan, Pinkley, Raciti NOES: Councilmen: None . ABSENT: Councilmen: Wilson Right of Way The following right of way deeds were accepted Deeds and ordered•placed on 'record with the.Orange_ County Recorder,'by the following roll call"vote: AYES: Councilmen: Hammett, Jordan, Pinkley, ;.. Raciti NOES: Councilmen: None ABSENT': Councilmen: Wilson DATE NAME FOR' STREET 8728-72 Parkwood Village Limited Baker Street Continuous Offer 8-28-72 Parkwood Village Limited Baker'Stre'et to Dedicate 10-3-72. Wallace and Joyce Remsen Wilson Street Claims Scranton - The.following claims received by the Clerk were Krieger referred to the City Attorney: Cheryl Scranton, Suzanne Z.'-.Ktieger: - Warrant On motion by Councilman Jordan, seconded by= Resolution 745 Councilman.Pinkley Warrant Resolution 745, including payroll-7220,.was approved by the following roll call vote: AYES:" Councilmen: Hammett, Jordan, Pinkley, Raciti NOES:—Councilmen: None ABSENT: Councilmen: Wilson 1 11 Warrant On -.motion -by Councilman Jordan, seconded by Council- Resoluti.on,746 man Pinkley,.Warrant Resolution 746 was approved by; the following_ roll call vote: AYES::. Councilmen:', Jordan, Pinkley, Raciti NOES: - Councilmen:. , None ABSENT: Councilmen: Wilson ABSTAINING: Councilmen: Hammett j. Orange Coast The City Manager presented a request from the Orange Chapter of the Coast Chapter of the Order of DeMolay to waive fee Order of DeMolay and bond.for permit to paint:addresses on -.curbs --from October, 1972,`through September, 1973. On motion by.Councilman Raciti, seconded by Councilman -Jordan, and carried,.the.request was approved. Conference The City Manager presented a request for Conference Advance Advance:for-Charles M. Bozza. On motion by Council- man Pinkley, seconded by Councilman Jordan, a conference advance for Charles M. Bozza to attend the California Association of Police Training Officers in,Sacramento from October 11 through October 13, 19725 in the amount of $190.00, was approved by the following-rollicall vote: AYES:; Councilmen:': Hammett, Jordan, Pinkley, Raciti NOES;, -,Councilmen: None ABSENT: Councilmen: Wilson Conference The City Manager presented a request for Conference Advance Advance for John A. Moquin. On motion by Councilman Raciti;-seconded:by Councilman Pinkley, a.conference advance -.for John A. Moquin to attend the U.S.C..Police Executive. Leadership Course -in Oakland from October 23., through October, 27-,- 1972' and from November 27 through December 1, 1972, in the amount of $350.00, was approved by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Raciti NOES: Councilmen: None -ABSENT:. Councilmen: Wilson Arterial Highway The City,Manager presented a proposed resolution Financing Program requesting the .County -.of Orange to increase the Project Number allocated-funds'.for Arterial. Highway Financing 573 Program,Project.Number 573 - Santa Ana Avenue -Red Hill Avenue from Mesa Drive to 1,300 feet north of Bristol.Street. On motion by Councilman Jordan, Resolution 72-99 seconde& by.Councilman,Raciti, Resolution 72-99, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF:COSTA:MESA, REQUESTING THE COUNTY OF ORANGE TO INCREASE'.THE ALLOCATED FUNDS:,FOR ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT NO. 573 - SANTA ANA.- AVENUE,-RED,,HILL AVENUE,.was adopted by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Raciti NOES: -Councilmen: None ABSENT:,: -Councilmen:- Wilson Bid Item 195 The City Manager reported -on bids opened by the Striping Paint Deputy Clerk:on .September 26; 1972, for furnish- ing of 2,016 gallons of Yellow Striping Paint. Bids are on-.file.in:':the Clerk's office. Bids were received -from the following: NAME AMOUNT J. E.,Bauer.Company $5,947.00 Prismo-.Universal Corporation $6,189.12 1i I Awarded Ori motion -b y Councilman Raciti, seconded by Council- opened by the Clerk man'Jordan,.the contract was.awarded to J. E. Bauer on October 6, 1972, for furnishing Company,'Post Office.Box 31352, Los Angeles, Cali- Address Systems fornia 90031, in the amount of $5,947.00, by the Bids are on file following-r.oll'call-vote: in the Clerk's office. Bids were.received AYES:: Councilmen: Hammett, -Jordan, Pinkley, Raciti NOES: Councilmen: None NAME . ABSENT:, :Councilmen:' Wilson Bid Item 197 The`-City-'Manager'reported on -bids opened by, -the Clerk F. Morton Pitt on_October-6i 1972,:for.furnishing of Police Warning Company- Systems. Bids=are•on file in the Clerk's office. Bids were- -received from _the-:- following: $3,839.00 NAME AMOUNT - F. Morton -Pitt Company,' $5,079.00 George F. Cake'Company $5,400.00 R. T. Crossman, Incorporated $6,569.00 R. T. Cro"ssman, Incorporated Police Devices and Supplies $73579.00 Awarded On motion by Councilman Raciti, seconded by Council- by Council- man Jordan, the' contract was'awarded to F. Morton man Jordan, the contract was awarded Pitt`Company,'-1444 S. -San Gabriel Boulevard, San Gabriel, California 91776, in the amount of $53079.00, -Suite 208, by the following roll call vote: Orange, California 92667, as being AYES: Councilmen: Hammett, Jordan, Pinkley, - Raciti by the following NOES: Councilmen: None , roll call vote: -ABSENT: Councilmen: Wilson Bid Item 198 The City Manager.reported on bids opened by the Clerk Trencher and on October 6, 1972,; for'.furnishing of a Trencher and Trailer Trailer. Bids are on file'in the Clerk's office. Bids were received from .the following:, NAME AMOUNT Ditch Witch Trencher Company, $5,350.00 Incorporated 'A. B. Chance Company $6,548.00 Awarded On motion by Councilman Raciti, seconded by Council- man Jordan, the contract was awarded to Ditch Witch Trencher Company, Incorporated, 801 East 33rd Street, Long Beach;_ California 90-807, in the amount of $5,350.00, by the:'following roll call vote: AYES:. Coun.cilmen:' Hammett, Jordan, Pinkley, Raciti NOES Councilmen:— None ABSENT':. Councilmen: Wilson Bid Item 199 The City -Manager reported on bids opened by the Clerk Siren and Public on October 6, 1972, for furnishing of Electronic Address Systems Siren and Public Address Systems. Bids are on file in the Clerk's office. Bids were.received from the following: NAME . AMOUNT Police Devices and Supplies $4,620.00 George F. Cake Company $4,240.00 F. Morton Pitt Company $3,839.00 Federal Sign and Signal $3,323.00 Corporation R. T. Cro"ssman, Incorporated $3,975.00 Awarded On motion -by Councilman Raciti, seconded by Council- man Jordan, the contract was awarded to R. T. Crossman, Incorporated, 1107 East Chapman Avenue -Suite 208, Orange, California 92667, as being the lowest respon- sible -bid meeting all specifications, by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Raciti 1 1 1 i5all NOES: Councilmen: None ABSENT: Councilmen: Wilson Petting Zoo The City Manager presented a request from Mrs. Shelba Marsh Marsh, 614 West Bay Street,.for permission to operate a petting zoo at Orange County Fairgrounds. Mrs. Shelba Marsh was present and addressed the Council in support of the request. Mr. Cliff Wesdorf, 3040 Garnett Lane, Orange, California, addressed the Council supporting Mrs. Marsh's desire to retain the animals but under the safest conditions possible for all concerned. Councilman Pinkley maintained that the suggested animals for the petting zoo would be covered under an existing ordinance that prohibited wild -and exotic animals. On motion by Councilman Pinkley, seconded by Councilman Raciti, and:carried, the request was referred to the City Attorney and the Fair Board Attorney and the City Manager directed to contact the Los Angeles and San Diego Zoos for information regarding this type of zoo. Parking On motion by Councilman Jordan, seconded by Coun- Prohibition cilman Raciti, Resolution 72-100, being A Resolution 72-100 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON FISCHER AVENUE; McCORMICK AVENUE; AND LEAR AVENUE AS --PROVIDED FOP, IN SECTION 3410.3-(D) - OF THE MUNICIPAL CODE, was adopted by the follow- ing roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, = Raciti NOES: Councilmen: -None ABSENT:. Councilmen: Wilson Stop Signs u Resolution 72-101 On motion"by Councilman -Jordan, seconded by Councilman Pinkley, Resolution 72-101, being A RESOLUTION.:OF.THE CITY -COUNCIL OF THE CITY OF COSTA MESA AUTHORIZING THE ERECTION OF STOP SIGNS ON FULLERTON AVENUE AT BAY STREET AND ON LAURIE LANE AT BAY STREET, was. -adopted by the following roll .call vote: .AYES::- Councilmen:_. Hammett, Jordan, Pinkley, ..;.Raciti NOES: ­ Councilmen: None ABSENT: Councilmen: Wilson Parking On -motion by Councilman Pinkley, seconded by Prohibition. Councilman Jordan, Resolution 72-102, being A Resolution 72-102 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,:CALIFORNIA, PROHIBITING PARKING ON PORTION OF -NEWPORT BOULEVARD, was adopted by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Raciti NOES: Councilmen: None ABSENT: Councilmen: Wilson Parking On motion by,Councilman.Pinkley, seconded by Prohibition Councilman -Jordan, Resolution 72-103, being A Resolution 72-103 RESOLUTION OF THE-CITY:COUNCIL OF THE CITY OF COSTA MESA .CALIFORNIA,:PROHIBITING PARKING ON PORTION .OF :COLLEGE•AVENUE, was adopted by the following rollcall vote: . AYES: Councilmen: Hammett, Jordan, Pinkley, Raciti NOES- .Councilmen: None ABSENT: .Councilmen: Wilson Continued The City Manager recommended that these items be continued as requested by Councilman Wilson: Parking Prohibition Parking removal on--Del Mar Avenue between Newport Boulevard and Orange Avenue; and Parking removal Parking Prohibition on East 22nd Street between Newport Boulevard and Orange Avenue., Street Trees The.City Manager presented a proposed Ordinance amending the Municipal'Code to include Street Trees, with the words "spray, fertilize, trim" deleted from Page 2, Section 101104, of the original study copy. Mr..Verlin Marth, 3197 Cape Verde,.addressed the Council in opposition to the proposed ordinance. Mr. Paul S. Wright, 3241 Indiana Avenue, Costa Mesa, addressed the Council in.favor of the proposed ordinance. . . The City has 46 acceptable trees available.for- planting at the present time. After discussion, on motion by Councilman Jordan, seconded by Ordinance 72-40 Councilman Pinkley, Ordinance 72-40, being AN First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING THE.MUNICIPAL CODE OF THE CITY OF COSTA MESA ,BY THE ADDITION OF CHAPTER VII THEREOF OF:ARTICLE 6 ENTITLED: "TREES," was given first reading by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Raciti NOES: Councilmen: None ABSENT: Councilmen: Wilson Helicopter The City Manager presented a request for purchase Replacement of a helicopter replacement. Mr. William Higgins, 2796 Cibola Avenue, Costa Mesa, addressed the Council regarding insurance of helicopters. City Manager informed Mr. Higgins that the crashed helicopter was self-insured and the proposed helicopter will be insured. On motion by Coun- cilman Pinkley, seconded by Councilman Jordan, the purchas e. of a helicopter replacement- was authorized in the amount of approximately Authorized $34,000.00, by the following roll call vote: AYES: Councilmen: Hammett, Jordan,.Pinkley, Raciti NOES: Councilmen: None ABSENT:. Councilmen: Wilson Honorary Citizens The Mayor introduced Mr. Irving Stone of Fairview From Japan State Hospital who presented visitors from Japan, who are.,in.Costa Mesa to study the program for mentally retarded children at Fairview State Hospital, and Mrs. Cox, acting as an interpreter. The'visitors sang a song in their native language prepared for the occasion. The Mayor presented Honorary Citizen certificates to: Mr. Takahiro Matsuzawa, Mr.: Shigeru Hiraoka, Mr. Masahiko Mori, Mr. Akio Nishitani,'Mrs. Mie Suzuki, Miss Tetsuko Mori, Miss Midori_Onda, Mrs.. Katsuko Suzuki, M.D. Public Hearing The Clerk announced that this was the time and Town`Center place set.for the continued public hearing from District the meeting of.October 2, 1972, for a proposed Town Center (TC).Dis;trict Ordinance. No communi- cations have -been received. There being no speakers, the,.Mayor closed the public hearing. On. motion-by'Councilman Jordan, seconded by Ordinance 72-41 Councilman Pinkley_,.Ordinance 72-41, being AN First. Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,,CREATING-A TOWN CENTER DISTRICT, ADDING -THE SAME TO THE ZONING LAWS OF THE CITY OF COSTA MESA,,AND SETTING OUT REQUIREMENTS THEREFOR, was given first reading by the following roll call vote:... AYES: Councilmen: Hammett;.Jordan, Pinkley, Raciti NOES: Councilmen:- None ABSENT:" Councilmen: Wilson Public Hearing The Clerk announced..that this was the time and Amendment to place set for -the continued public hearing from Section 9293.1.1 the.meeting of October 2, 1972, on a proposed amendment to..Section 9293.1.1 of the Land Use Ordinance (uses permitted in the C1 Local Business District) to include "Sports -Amusement -Centers." No communications have been received. There being no speakers, the Mayor closed the public hearing. The.Ci.ty Attorney has modified the pro- posed amendment. On motion by Councilman Jordan, Ordinance -72-42 seconded -by Councilman'Pinkley, Ordinance 72-42, First Reading being AN -ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CREATING AN ADDITIONAL USE IN THE,C-1 -,.LOCAL BUSINESS DISTRICT ZONING, RE- LATING -TO COMMERCIALLY. OPERATED AMUSEMENT ACTIVITIES., SETTING FORTH THE PUBLIC NEED THERE- FOR,. AND_CREATING EXCEPTIONS TO UNDER ROOF REQUIREMENTS THEREFOR, was given first reading by the following roll call vote: -AYES: .Councilmen: Hammett, Jordan, Pinkley, Raciti NOES: Councilmen: None ABSENT:. Councilmen: Wilson Public Hearing`-'-' The, Clerk.announced that this was the time and R-72=21 place. -set for the public hearing on Rezone Petition R-72-2.1, Costa Mesa Planning Commission, Post Office Box:1200,.for permission to rezone.,,property located_ east. of Bear, between Sunflower Avenue and the San Diego Freeway, from C1 -CP to C1-S.'The affidavit.of,publication is on file in the Clerk's offi.ce_. No communications have been received. The Environmental Impact Statement has been filed and.is-acceptable to the City of Costa Mesa.,.. There being no.speakers, the=Mayor closed the public hearing. On motion.by.Councilman Jordan, seconded Ordinance 72==43 by: -Councilman Pinkley., Ordinance 72-43, ,being AN First Reading _ ORDINANCE.OF-.THE CITY COUNCIL OF THE CITY OF COSTA MESA.,..CALIFORNIA,: CHANGING THE ZONING OF A PORTION OF.. -SECTION 35, -TOWNSHIP 5 SOUTH, RANGE 10 WEST, _ LAND.ALLOTTED,.TO.JAMES McFADDEN, FROM Cl -CP TO C_1-8.,.was given first.- reading by the following roll call. vote: AYES: -.Councilmen:' Hammett, Jordan, Pinkley, Raciti NOES: Councilmen: None ABSENT: Councilmen: Wilson Lucky Stores The Clerk presented a request from Lucky Stores, Appeal- Incorporated, for appeal of the'Planning-Com- mission decision to'deny application for i'llumi- nated sigh's for`Lucky Stores at the northeast corner of Harbor and Victoria Street. Mr. Jules Sherry, 1716'West Washington, Los Angeles, r'epresenting'.Lucky Stores, spoke in support of the appeal, stating.that Planning had approved their application and the Environmental Impact Statement was in the process of being prepared when the -Sign Moratorium was approved by Council'causirig their application for a Building Permit to be denied. The delay causes a hard- ship because Lucky Stores is now hesitant to complete arrangements until Council approval for signing is obtained. Mr. John F. Guiltinan, Jr., Vice President of Diversified Shopping Centers, -.Incorporated, developers of the property, addressed the Council. Mr. Guiltinan stated that a Building Permit has been applied for, the first step of the --Environmental Impact Statement•filed anda traffic study is in process. Plans are complete and ready.for construction.. The -- developer is-losing.`money on rent, etc., while the property stands idle which is causing'a hardship. Planning Director stated that the proposed signs had not been approved by the Planning Commission. Mr. Mike Mafi, representing Lucky Stores, ad- dressed the Council. Mr. Mafi stated that a decision on signing would have to be made before Lucky -Stores could proceed, since proper signing is -necessarybecause of the physical: location. Oral Maureen Di Domenico, Chairman of the Beautifica- Communications. tion Committee, read a letter from the Beautifi- cation Committee expressing gratification that the interim sign ordinance had been passed and requesting that outdated billboards be removed. Lucky Stores Mrs. Sophia Coates, 2580 Fairview Drive, addressed the.Council in support of the Lucky Stores request for appeal. After discussion, on motion by Coun- cilman Pinkley., seconded by Councilman Jordan, the appeal was approved as.a hardship case, and Approval -.granted for.installation of a 35 -foot pole sign and a monument;.aign as discussed before the ordinance modification;' subject to Planning Com - Approved mission approval, by -the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Raciti NOES: Councilmen: None ABSENT: Councilmen: Wilson 5772-21 The Clerk presented Tentative Parcel Map S-72-21 Arthofer for Dan Arthofer, 1755 Orange Street (Suite F), for permission .to divide property located on the Denied north side of East 22nd Street, 165 feet from the' centerline of Santa Ana Avenue, into seven parcels. The applicant was not present. Planning Commission'recommended.denial because new appli- cations are being filed. On motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, application for Tentative Parcel Map '5-72-21 was denied.. 1 1 1 Building Moving ..The Clerk presented application for Building Permit 622 Movin:g'Permit 622, for -Earl Clayton, 2909 Clayton South-Halladay,.Santa Ana, for permission to move a single family.residence with attached garage, from A31-Wayfield, Orange, to,1156 Gleneagles Terrace, in an.R1 zone. Mr. Earl Clayton was present and addressed the -Council. The: -following neighbors addressed -_the Council in objection if the. house is not brought up to -code and to the amount of square feet contained in the house: Mrs. Devine; Kirk'Corlett; 114.0 Gleneagles; Mrs. Fox, 1161 Gleteagles;'Mrs. Arkush, 1144 Gleneagles Priscilla Rogers;-1111`Aviemore Terrace; President of the Homeowners Association, and Mrs.' Smith, 1160 Gleneagles, who is concerned about a rental being placed next door. The following neighbors addressed the Council in approval: Mr. Michael Skinner, 2091 Bal- moral Place; Mr. Manz, Gleneagles; Bill Paradise, 804 Amigos Way, Newport Beach; and Robert Smith, 1160 Gleneagles. After discussion, on motion by Councilman. Jordan, seconded'by'Councilman Raciti; and carried, the application was held over -for two. weeks 'and' the applicant requested to ' 'discuss the move=in with the neighbors and the Homeowner's Association and try. to resolve the -problem themselves`. Recess The Mayor'declared a. -recess at 9:05 p.m., and the meeting reconvened at 9;15 p.m. Petition The Clerk presented a petition signed,by Mesa Highlands twenty-four members'of Mesa Highlands Associa- Association tion objecting .to homes exceeding one story and requesting an'Environmental Impact Study be I ade before issuance'of a building permit and also requesting that the president of the home- own.er's'association be notified when a permit is filed. -The foll-owing neighbors addressed the Couincil : . Herman' Zappa, 1175 Gleneagles; " . Dick -Willard,' 1'133 Gleneagles; Kirk Corlett, 1,140 Gleneagles`; and Mike Skinner, .2091 Bal- - : ;doral' Place.' They stated that two-story ti.ouses-are now located on interior lots and were informed at"the time'the houses were purchased that two-story homes could not be built if they would block the view. Formation of an archi- tectural committee as a means of protection was discussed: City records do not indicate that a building permit has been issued for this type of construction'. The'plan being discussed is presently iri-Plan Check. Director of Planning stated that'it'would'require an Environmental Impact Statement:, .On, motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, the Environ- = mental Impact Statement, if approved by Planning Commission,, will be.referred to Council for action as a test case, and the President of the Homeowner's Association notified if a building permit is issued, and''invited to seethe Environ- mental Impact Statement when it is filed. SC ZE-72-93 An application was presented from the meeting Miller of.October.2, -1972, William T. Miller, 1633- Cornwall Lane, Newport Beach, 92660, for Delayed permission to construct a two-story commercial ...building to'teet the "CP" standards, on pro- perty located at 236 Ogle Street, in a C1 -CP zone. On motiori by Councilman Jordan, seconded by -Councilman Pinkley, and carried, the appli- cation was delayed until the meeting of November 20, 1972,'as-requested by applicant. ZE-72-94 The Director of Planning presented an application Pentecost for Zone Exception 72-94, Arlan Pentecost, "229 Denied Del: Mar Avenue, for permission to build a single family -"residence in addition to existing single family residence on'10.,500 square feet of land area "(one "unit.per 5,250 square feet) with a fifteen -foot encroachment into the required twenty -five-foot rear yard setback, in an R1' zone. The applicant"was present. Mrs. Sophia Coates, 2580 Fairview, spoke in opposition." The Planning Commission. had recommended denial. On motion by Councilman Jordan, seconded by Councilman Pinkley.- the application was denied based on ­a single family residential area. ZE-72-95 "Coast The.Director of Planning presented application Orange for Zone Exception ZE-72-95, Orange Coast Plastic Plastic Molding Molding, Incorporated, 850 West 18th Street, for permission to allow reduction of five parking Approved spaces ("sixty required - fifty-five available) to allow construction of..storage warehouse to existing building, in.an M1 zone. The applicant, Lawrence Courter, was present. Communications have been received.from Label Company, 847 West 16th Street, Newport Beach, and Earth Forms, 866.West.18th Street, withdrawing their opposition as applicant has advised them this.will continue to be a family -type operation without expansion plans. A communication was received from George'W. Hall, 872"West 18th Street,'in opposition to the appli- cation. On motion by Councilman Pinkley, seconded by Councilman Jordan and carried, the application was approved, subject to all condi- tions as recommended by Planning Commission and adding Condition No..11. ZE-72-99 The Director of Planning presented application Garden -4 for Zone Exception ZE=72-99, Carden -4, 250"West Wilson Street,.for permission to continue to Request for operate a pre-school for twenty students, 8:30 Delay -Denied, a.m. to 4:00 p:m., Monday through Friday, in an R1"zone. .Three letters of protest had been received from: T. E. Thomas, Jr., 255 Joann; William and teria.Monteleone, 2257 Columbia Drive; Mr. and Mrs. James McMillan; 2253 Columbia Drive; and a petition containing thirty-seven signatures. The following neighbors spoke in opposition: Mike Gross, 2284 Avalon; Jim McMillan, 2253 Columbia Drive; John Hislop, 2272 Avalon; Helen Monteleone, 2263 and"2269 Avalon; Rita Hislop, 2272 Avalon; Harold Troxel, 2240 Columbia; Agnes Cornelius, 22-73 Columbia; William Monteleone, 2257 Columbia; and Mrs. Glascock, 2279 Avalon. The applicant, Mrs. Remsen, was "present and stated she "was not aware prior to the meeting of this type "of opposition. There were no complaints made 1 1 I to her and conditions had been complied.w th during the past year. Mrs. Remsen requested a delay in.order to prepare justification. On motion by Councilman Raciti, seconded by Councilman Jordan, and carried, the request for delay was denied. Mrs. Franklin addressed the Council in support „ - of the application . After discussion, on motion by Councilman Raciti, seconded by Councilman Jordan,.and carried, Zone Exception Revoked ZE-72-99 was revoked effective as of June 15, 1973. California' The City Manager presented a request from Animal Control California Animal Control to make .a presenta- tion. Dennis E`. Smith and Edward W. Motley, partners in California Animal Control, ad- dressed the Council expressing a desire to be. considered for the animal control contract presently being studied for the City of Costa Mesa. Mayor Hammett referred the request to City Manager for report. Oral Mr. John Smith, 224 Pauline Place, addressed Communications the Council protesting an unsightly and hazardous area located at the southeast corner of.the intersection of Orange Avenue and Pauline Place. Mr. Smith presented a petition with signatures of ten neighbors also protesting the appearance of the property. Mayor Hammett referred the protest to staff for recommendation. Maureen Di Domenico, Chairman of the Beautifi- cation Committee, addressed the Council regarding removal of.outdated billboards. Councilmanic Councilman Raciti'stated the Orange County Harbor Suggestions Beach and Parks Commission have passed legisla- tion lifting the ban of consumption of alcoholic beverages on public beaches and he felt the Council should go on record as opposing this act. On motion by Councilman Raciti, seconded by Councilman Hammett, and carried, City Manager was directed to notify the Board of Supervisors of Council opposition.. Resolution 72-104 Councilman Pinkley requested a resolution be Requesting Name ' passed directing Assemblyman Burke to introduce Change'of Newport legislation for renaming of the Newport Freeway Freeway to Costa Mesa Freeway.' On motion by Councilman Pinkley, seconded by Councilman Hammett, Resolu- tion 72-104 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MAKING REQUEST TO THE CALIFORNIA STATE LEGISLA- TURE FOR NAME CHANGE OF THE NEWPORT FREEWAY, ROUTE 55, ORANGE COUNTY, was adopted by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Raciti NOES: Councilmen: None ABSENT: Councilmen: Wilson Freeway On -motion by Councilman Pinkley, seconded by Signing Councilman Hammett, and carried, Mayor Hammett and staff were directed to carry Council request for more adequate.freeway signing to Division 7, State Division of Highways. '' �6l��v.1S-y Study Session A Study Session will be held at 5:30, on Monday, October 23, 1972. Adjournment The Mayor adjourned the meeting at 11:20 p.m., to a Personnel Session at 8:30 p.m, on Monday, October 23, „1972. May of the City of Costa Mesa ATTEST: City Clerk of the City of Cos Mesa G 1 1