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HomeMy WebLinkAbout04/23/1962 - Adjourned City Council MeetingADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA April 23, 1962 Upon motion by Councilman Meyers, seconded by Councilman Smith, and carried, the bids were referred to the Director of Public Works and Director of Parks for check and report back. Contract awarded Later in the meeting the Director of Public Works reported B. C. Grow and to the City Council that the bid of B. C. Grow and Associates, Associates in the amount of $41,082.00, was the lowest regular bid submitted for said work and is reasonable and within the estimate made for said work. Thereupon it was moved by Councilman Smith, seconded by Councilman Meyers, that the contract be awarded to B. C. Grow and Associates in the amount of:$41,082.00, and the Mayor and City Clerk be authorized to sign said contract on behalf of the City. The 'notion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Tomchak, Meyers NOES: Councilmen: None ABSENT: Councilmen: Pinkley OPENING OF BIDS The Vice -Mayor announced that this was the time and place Two Lighted set for the opening of bids for Construction of Two Lighted Softball Fields Softball Fields Back to Back on 50 Acre Park Site Located on Old Santa Ana Air Base. The Clerk reported that four bids had been received. The bids were then publicly opened, read, and declared as follows: The City Council of the City of Costa Mesa met in adjourned regular session, having adjourned by order of the City Council at its regular meeting of April 17, 1962, and the Clerk reported that a copy of the Order of Adjournment had been posted as required by law. The meeting was called to order by the Vice -Mayor followed by the Pledge of Allegiance to the Flag and Invocation by Councilman John W. Smith. ROLL CALL Councilmen Present: Meyers, Smith, Tomchak, Wilson (Pinkley arrived later in the meeting) Councilmen Absent: None Officials Present: City Attorney, Director of Public Works, City Clerk Wood reappointed Upon motion by Councilman Smith,.seconded by Councilman to Planning Meyers, and carried, H. J. Wood was reappointed to a four Commission year term on the Planning.Commission, to expire April 23, 1966. OPENING OF BIDS The Vice -Mayor announced that this was the time and place Improvement of set for the opening of bids for the Improvement of the Berry Berry Rancho Rancho Park site. The Clerk reported that five bids had Park Site been received. The bids were then publicly opened, read, and declared as follows: NAME AMOUNT B. C. Grow and Associates $41,082.00 R. W. McClellan and Sons 51,800.90 R and M Landscaping 67,324.75 Sully -Miller Contracting Company 75,828.50 Boeck Paving Company 65,266.40 Reference is hereby made to the bids on file with the City Clerk for all details as to unit prices and kind and class of work .to be done. Upon motion by Councilman Meyers, seconded by Councilman Smith, and carried, the bids were referred to the Director of Public Works and Director of Parks for check and report back. Contract awarded Later in the meeting the Director of Public Works reported B. C. Grow and to the City Council that the bid of B. C. Grow and Associates, Associates in the amount of $41,082.00, was the lowest regular bid submitted for said work and is reasonable and within the estimate made for said work. Thereupon it was moved by Councilman Smith, seconded by Councilman Meyers, that the contract be awarded to B. C. Grow and Associates in the amount of:$41,082.00, and the Mayor and City Clerk be authorized to sign said contract on behalf of the City. The 'notion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Tomchak, Meyers NOES: Councilmen: None ABSENT: Councilmen: Pinkley OPENING OF BIDS The Vice -Mayor announced that this was the time and place Two Lighted set for the opening of bids for Construction of Two Lighted Softball Fields Softball Fields Back to Back on 50 Acre Park Site Located on Old Santa Ana Air Base. The Clerk reported that four bids had been received. The bids were then publicly opened, read, and declared as follows: or NAME Grimes Electric E. D. Johnson and Company Keith Electric Corporation McBride Electrical Service AMOUNT $32,800.00 28,520.00 33,862.00 (1) 34,692.00 (2) 36,588.00 (3) 42,213.00 (4) 27,488.74 Reference is hereby made to the bids on file with the City Clerk for all details as to unit prices and kind and class of work to be done. Upon motion by Councilman Meyers, seconded by Councilman Tomchak, and carried, the bids were referred to the Director of Public Works and the Director of Parks for check and report back. Later in the meeting the Director of Public Works reported that the bid of E. D. Johnson and Company, in the amount of $28,520.00, was the lowest regular bid submitted for said work and -is -reasonable and within the estimate made for said work. Contract Awarded Thereupon it was moved by Councilman Smith, seconded by E. D. Johnson Councilman Tomchak, that the contract be awarded to E. n. and Company Johnson and Company, in the amount of $28,520.00, and the Mayor and City Clerk be authorized to sign said contract in behalf of the City. The motion carried by the following roll call vote: AYES: Councilmen: Meyers, Smith, Tomchak, Wilson NOES: Councilmen: None , ABSENT: Councilmen: Pinkley REPORTS The City Attorney informed the 'Council that he had been City Attorney requested to present to the Council a petition from the Drainage property owners in the vicinity of Adams Avenue, west of District Harbor Boulevard, requesting a drainage improvement dis- Improvement trict under the 1919•Act and explained the procedure to No. 1 the Council. After discussion it was moved by Councilman Meyers, seconded by CouncilmanrSmith, that Resolution No. 62-60 be adopted. RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY 62-6o OF COSTA MESA, CALIFORNIA, GRANTING THE Formation of PETITION OF CERTAIN PROPERTY OWNERS TO FORM A District DISTRICT UNDER THE DRAINAGE DISTRICT IMPROVE- MENT ACT OF 1919 FOR THE ACQUISITION OF LANDS AND FOR THE CONSTRUCTION OF CERTAIN DITCHES, DRAINS, CONDUITS, PIPE LINES, SYSTEMS OF DITCHES, DRAINS, CONDUITS, PIPE LINES, OR A COMBINATION THEREOF, AS MAY BE NECESSARY TO DRAIN OR PRO- TECT CERTAIN LANDS DESCRIBED HEREIN. WHEREAS, there was filed with the City Council of the City of Costa Mesa, on the 23rd day of April, 1962, a written petition for the formation of a district under the pro- visions of the Drainage District Improvement Act of 1919 for the acquisition of lands and for the construction of ditches, drains,, -conduits, pipe lines, systems of ditches, drains, conduits, pipe lines, or a combination thereof, as may be necessary to drain or protect the lands hereinafter described, under and pursuant to the provisions of the Drainage District Improvement Act of 1919, and WHEREAS, the City Clerk of the City of Costa Mesa has filed his affidavit stating that said petition was signed by the owners of a majority of the land within the district proposed to be organized, and 1 FJ u WHEREAS, said petition described the approximate boundary of the district proposed to be benefited, and WHEREAS, all the lands in the district proposed to be formed and to be benefited and all of the work proposed to be done lies within the boundaries of the City of Costa Mesa. NOW, THEREFORE, the City Council of the City of Costa Mesa does hereby resolve, determine and find as follows: SECTION 1. That a petition for the organization of a district under the Drainage District Improvement Act of 1919 for the acquisition of lands and the construction of ditches, drains, conduits, pipe lines, systems of ditches, drains, conduits, pipe lines, or a combination thereof, as.may be necessary -to drain or protect the lands hereinafter described, which district contains wet, swamp or overflowed lands or lands otherwise needing surface or underground drainage or protection from storm water overflow was filed with the City Council of the City of Costa Mesa on the 23rd day of April, 1962. SECTION 2. That the aforesaid petition was signed by the owners of the majority of the land within the district proposed to be organized. SECTION 3. That the public health, safety, convenience and welfare will be promoted by the organization of such district, and by the acquisition of lands and the construction of the work. SECTION 4. That said petition be and the same is hereby granted. SECTION 5. That all of the lands proposed to be included within the District, all of the lands proposed to be acquired, and all of the work proposed to be done lies wholly within the boundaries of the City of Costa Mesa. SECTION 6. That the District proposed to be formed shall be known and designated as "Drainage District Improve- ment No. 1". PASSED AND ADOPTED this 23rd day of April, 1962. The motion carried by the following roll call vote: AYES: Councilmen: Meyers, Smith, Tomchak, Wilson NOES: Councilmen: None ABSENT: Councilmen: Pinkley RESOLUTION Upon motion by Councilman Meyers, seconded by Councilman 62-61 Tomchak, Resolution No. 62-61 was adopted. Appointing Attorney and A RESOLUTION OF THE CITY COUNCIL OF THE CITY Engineer OF COSTA MESA, CALIFORNIA, APPOINTING ENGINEER OF CONSTRUCTION; APPOINTING CITY ATTORNEY AS THE ATTORNEY FOR SAID DISTRICT; AND ESTABLISHING THE BASIS FOR COMPUTING THE COMPENSATION OF SAID ENGINEER,AND ATTORNEY. The City Council of the City of Costa Mesa does hereby resolve and determine as follows: SECTION 1. D. Southworth, City Engineer of the City of Costa Mesa, is hereby appointed as the engineer of construction of the "Drainage District Improvement No. 1". SECTION 2. Donald Dungan, City Attorney of the City of Costa Mesa, is hereby appointed as the attorney for "Drainage District Improvement No. 1". SECTION 3. The basis for computing the compensation to be paid for the services of the aforesaid engineer and attorney is as follows: ENGINEER: A. For construction, plans, specifications and cost estimate, assessment,diagram, rights of way maps, descriptions -- 6% of cost of construction. B. For construction inspection and supervision, construction staking and final cost preparation -- 4% of cost of construction. C. For preparation of assessment, preparation of bonds and bond registration -- 2-1/2% of cost of construction. ATTORNEY: A. For preparing petition, resolutions, Resolution of Intention, notices, hearings, and all other documents and legal work in connection with formation and completion of project -- 2-1/2% of cost of construction. B. For acquisition of rights of way as follows: (1) At the rate of $20.00 per hour. (2) For court appearances at the rate of $250.00 per day. ENGINEER AND ATTORNEY NOT RESPONSIBLE FOR COSTS OF THE FOLLOWING: 1. Names and addresses of owners. 2. Assessed valuation of.parcels. 3. Printing of bonds. 4. Printing, preparing and mailing notices. 5. Printing and posting notices. 6. Right-of-way acquisition and appraisals. 7. Soil Engineering and Laboratory Tests. 8. Court costs. PASSED AND ADOPTED THIS 23rd day of April, 1962. The motion carried by the following roll call vote: AYES: Councilmen: Meyers, Smith, Tomchak, Wilson NOES: Councilmen: None ABSENT: Councilmen: Pinkley RESOLUTION Upon motion by Councilman Smith, seconded by Councilman 62-62 Meyers, Resolution No. 62-62 being A RESOLUTION OF THE CITY Engineer to COUNCIL OF THE CITY OF COSTA -MESA, CALIFORNIA, INSTRUCTING prepare plans THE ENGINEER_OF CONSTRUCTION TO PREPARE.PLANS AND SPECIFI- CATIONS IN THE MATTER OF.DRAINAGE DISTRICT IMPROVEMENT NO. 1, �a.s adopted. The motion carried by the. following roll call vote: AYES: Councilmen: Wilson, Meyers, Smith, Tomchak NOES: Councilmen: None ABSENT: Councilmen: Pinkley 1 Street Lighting The City Attorney informed the•Council-that during the to ad valorem last session of the State Legislature certain changes tax basis had been made in the Street Lighting Act allowing.the assessments to be made on an ad valorem tax basis, which is a simpler method of computation. RESOLUTION He recommended to the Council that this new basis be used 62-63 for 1963 inasmuch as it would take some time to set up code Street Lighting areas according to the benefits derived. After discussion Ad Valorem it was moved by Councilmen Meyers, seconded by Councilman basis Tomchak, that Resolution No. 62-63 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING THE PROCEDURE FOR LEVYING AND COLLECTING ASSESSMENTS ON THE AD VALOREM BASIS FOR THE STREET LIGHTING DISTRICT FOR THE PERIOD OF MONTHS BEGINNING NOVEMBER 1, 1963, AND ENDING OCTOBER 31, 1964, be adopted. The motion carried by the following.roll call vote: AYES: Councilmen: Meyers, Wilson, Tomchak, Smith NOES: Councilmen: None ABSENT: Councilmen: Pinkley Tract 3363 - The City Attorney informed the Council that he had been Corrections to notified by the Building Department that certain lots in comply with Tract 3363 did not comply with the Building Code and he Building Code recommended that the Director of Public Works be authorized to take bids for the completion of the work on Tract No. 3363 and that.the City Attorney be directed to take whatever action necessary to obtain the cost of this work back, and that the City Prosecutor be instructed to file a complaint against the sub -divider for not complying with the Building Code. Mr. Robert Humphreys, attorney for three of the property owners in the tract, explained the damage and need for correction to the Council. Council members stated they wished to also hear from the sub -divider, Mr. Gayner, who was not present. After a lengthy discussion it was moved by Councilman Meyers, seconded by Councilman Tomchak, and carried, that the Director of Public Works be authorized to take bids for the correction of certain work in Tract 3363 to bring the tract to compliance with the Building Code and the City Attorney be authorized to find out who did the damage resulting in the non-compliance.. Waterman The City Attorney informed the Council that he had received release for from Ruth Waterman the amount of $934.33 covering damage done damage to a traffic signal on Harbor Boulevard and requested that the City Council authorize the Mayor and City Clerk to sign the release against the Watermans, giving it to the persons who are paying the claim in consideration of the payment to the City of $934.33• After discussion it was moved by Council- man Smith, seconded by Councilman Meyers, that the City Clerk and Mayor be authorized to sign a release of all claims in the matter of City of Costa Mesa versus Ruth Luella Waterman and Ralph Waterman in consideration of the sum of $934.33• The motion carried by the following roll call vote: AYES: Councilmen: Meyers, Smith, Tomchak, Wilson NOES: Councilmen: None ABSENT: Councilmen: Pinkley City Engineer The Director of Public Works informed the Council that the Fairview Road City Engineer states that the I. B. Dixon Company had com- Water Main pleted the construction of the Fairview Road Water Main in work accepted accordance with Plans and Specifications and recommended that this work be accepted by the City and Notice of Completion filed with the County Recorder. Thereupon it was moved by Councilman Tomchak, seconded by Councilman Meyers that the work be accepted for the Fairview Road Water Main as done by ... 5 Fairview Road the I. B. Dixon Company and a Notice of Completion filed Water Main with the County Recorder. The motion carried by the Con't. following roll call vote: filed with the County Recorder. The City Attorney reminded AYES: Councilmen: Meyers, Smith, Tomchak, Wilson the:Council that a claim has been filed against the City NOES: Councilmen: None for work in this project and he recommended that they ABSENT: Councilmen: Pinkley Harbor Boule- The Director of Public Works informed the Council that the vard-Talbert City Engineer states that James I. Gallacher has completed Avenue Water the construction of the water mains in Harbor Boulevard Mains work and Talbert Avenue in accordance with Plans and Specifica- accepted tions and it is recommended that the work be accepted by Completion filed with the County Recorder, but that this the City and a Notice of Completion filed with the County acceptance exclude any release of liability for the Recorder. Thereupon it was moved by Councilman Smith, manner in which the work was done. The motion carried seconded by Councilman Meyers, that the work be accepted by the following roll call vote: for the Harbor Boulevard -Talbert Avenue Water Mains as AYES: Councilmen: Meyers, Smith, Tomchak, Wilson done by James I. Gallacher and a Notice of Completion NOES: Councilmen: None filed with the County Recorder. The motion carried by ABSENT: Councilmen: Pinkley the following roll call vote:: AYES: Councilmen: Meyers, Smith, Tomchak, Wilson NOES: Councilmen: None ABSENT: Councilmen: Pinkley Santa Isabel The Director of Public Works informed the Council that the Storm Channel City Engineer states that Paul H. Suckow has completed the work accepted construction of the Santa Isabel Storm Channel in accor- dance with Plans and Specifications and recommended that the work be accepted by the City and a Notice of Completion filed with the County Recorder. The City Attorney reminded the:Council that a claim has been filed against the City for work in this project and he recommended that they exclude from.the acceptance any release of liability for the manner in.which the work was done. After discussion it was moved by Councilman Tomchak, seconded by Council- man Meyers that the work be accepted for the Santa Isabel Storm Channel as done by Paul H. Suckow and a Notice of Completion filed with the County Recorder, but that this acceptance exclude any release of liability for the manner in which the work was done. The motion carried by the following roll call vote: AYES: Councilmen: Meyers, Smith, Tomchak, Wilson NOES: Councilmen: None ABSENT: Councilmen: Pinkley ORDINANCE 62-18 The Director of Public Works informed the Council that in First reading connection with the Talbert Avenue construction at the Talbert Avenue Santa Ana River, the Council had been requested by the a County County of Orange to have this portion of the street Highway accepted as a County Highway for the period of construction. After discussion it was moved by Councilman Meyers, seconded by Councilman Smith, that Ordinance No. 62-18 being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA DESIGNATING TALBERT.AVENUE IN THE CITY OF COSTA MESA AS A COUNTY HIGHWAY, be given first reading. The motion carried by the following roll call vote: AYES: Councilmen: Meyers, Smith, Tomchak, Wilson NOES: Councilmen: None ABSENT: Councilmen: Pinkley Police Chief Police Chief McKenzie presented to the City Council the presents award award given to the Costa Mesa Police Department from the Greater Los Angeles Chapter of the National Safety Council for loss of no man hours of work in 128,744 man hours. He stated that this was the second year the Costa Mesa department had been presented this award. The Council congratulated the Chief and his department on the award. ORDINANCE 62-17 Upon motion by Councilman Smith, seconded by Councilman Second reading Meyers, Ordinance No. 62-17 being AN ORDINANCE OF THE CITY One-way alley COUNCIL OF THE CITY OF COSTA MESA DESIGNATING THAT PORTION OF THAT CERTAIN ALLEY AT THE NORTHERLY LINE OF TRACT NO. 3615, RUNNING BETWEEN HARBOR BOULEVARD AND DEODAR AVENUE, AS A ONE-WAY ALLEY AND AMENDING SECTION 3+63 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESAw3s given second reading and adopted. The motion carried by the following roll call vote: AYES: Councilmen: Meyers, Smith, Tomchak, Wilson NOES: Councilmen: None ABSENT: Councilmen: Pinkley Right of Way Upon motion by Councilman Smith, seconded by Councilman Deed Meyers, a right of way deed dated April 19, 1962, from Alvin L. Pinkley for the alley northwest off Orange Avenue was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen: Meyers, Smith, Tomchak, Wilson NOES: Councilmen: None ABSENT: Councilmen: Pinkley Permits Upon motion by Councilman Smith, -seconded by Councilman Meyers, and carried, permit was granted to Cal Music Company for one skill game at the Kings Inn No. 1, 720 Randolph 'Street,and to Williams Cigarette Service for one skill game at Miss Boo's, 1562 Newport Boulevard. Upon motion by Councilman Tomchak, seconded by Councilman Meyers, and carried, the Mayor was authorized to proclaim the week of April 30 to May 4, 1962, as Public Schools Week, as requested by Seafaring Lodge. Upon motion by Councilman Tomchak, seconded by Councilman Meyers, and carried, permit was granted to Seafaring Lodge for a parade on April 28.for laying of corner stones at Sonora School and Pomona School and the Police Department to pro - Vide police escort. The Clerk read communications from James Utt concerning the Congressional Record, a copy of which is on file in the Clerk's office, and a communication from Girls' Club of the Harbor Area inviting the Council to Open House on May 19. Upon motion by Councilman Smith, seconded by Councilman Meyers, and carried, the communications were received and ordered filed. (Mayor Pinkley entered the meeting at this point) Oral Communica- The Vice -Mayor inquired if there were anyone present wishing. tions to speak on some item not on the agenda. Mr. Ray Fields Fields - spoke on the completing of requirements under Variance No. Variance 933 933 to convert a duplex into a single family house and construction of a single family house in an R1 zone. Mr. Dunn, Director of Planning, explained the requirements to the Council. After a lengthy discussion, it was moved by Councilman Meyers, seconded by Councilman Tomchak, and carried, that the City Attorney and Director of Planning be instructed to meet with Mr. Fields to determine a solution or further action on his request. Adjournment Upon motion by Councilman Pinkley, seconded by Councilman Meyers,.and-carried, the meeting adjourned at 8:45 p.m. w Vice -Mayor of the City of Costa Mesa ATTEST: I y r of the City of Costa Mesa-