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HomeMy WebLinkAbout12/06/1965 - City Councilx REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA December 6, 1965 PART I The City Council of the City of Costa Mesa, California, met in regular session at 6:30 p.m., December 6, 1965, at the City Hall, 695 West 19th Street, Costa Mesa. The meeting was called to order by the Vice Mayor for the purpose of discussion and debate on matters scheduled for Part II of the meeting and such actions as the Council desires to take under Section 2203 of the Municipal Code of the City of Costa Mesa. "Decency Amendment" The Clerk presented the communication from the Office of the County Counsel regarding the need for Constitu- tional Amendment, "decency amendment", based upon California case law. Councilman Barck, made a motion, seconded by Councilman Thompson for the Council to go on record in support of the County Counsel's opinion. The motion lost by the following roll call vote: AYES: Councilmen: Barck, Thompson NOES: Councilmen: Pinkley, Jordan ABSENT: Councilmen: Wilson ' On motion by Councilman Pinkley, seconded by Councilman Thompson, and carried, the City Attorney and Police Chief were instructed to investigate and give a report to the Councilmen for their study. The City Clerk read a petition containing 69 signatures complaining.about noise originating at 17122 Placentia Avenue known as Mr. Fat Fingers. Mr. David H. Coffman Councilmen Present: Pinkley, Jordan, Barck, Thompson Roll Call Councilmen Absent: Wilson Officials Present: City Manager, City Attorney, Director of Public Works, City Engineer, City Clerk Minutes Upon motion by Councilman Pinkley, seconded by Council - November 15; 24; man Thompson, and carried, the following minutes were 29; approved as distributed and posted: Regular meeting December.l, 1965 of November 15, 1965; Special meeting of November 24, 1965; Adjourned meeting of November 29, 1965; Special meeting of December 1, 1965. R-27-65, Caldwell, The City Clerk reported that he had not yet received Taylor, Taylor, and the agreement required by Rezone R-27-65, Caldwell, Cagney Taylor, Taylor, and Cagney, Ordinance 65-41. Upon motion by Councilman Pinkley, seconded by Councilman Thompson, and carried, second reading and adoption. of Ordinance 65-41 was held over to the meeting of December 20, 1965. The City Clerk presented the communication held over from the meeting of November 29, 1965, from the City of Fountain Valley, a resolution supporting those institu- Fountain Valley tions and ideals in the United States which have been fought for and preserved at great cost. Upon motion by Councilman Barck, seconded by Councilman Pinkley, and carried, the Council went on record as commending and endorsing the stand that the City of Fountain Valley has taken. "Decency Amendment" The Clerk presented the communication from the Office of the County Counsel regarding the need for Constitu- tional Amendment, "decency amendment", based upon California case law. Councilman Barck, made a motion, seconded by Councilman Thompson for the Council to go on record in support of the County Counsel's opinion. The motion lost by the following roll call vote: AYES: Councilmen: Barck, Thompson NOES: Councilmen: Pinkley, Jordan ABSENT: Councilmen: Wilson ' On motion by Councilman Pinkley, seconded by Councilman Thompson, and carried, the City Attorney and Police Chief were instructed to investigate and give a report to the Councilmen for their study. The City Clerk read a petition containing 69 signatures complaining.about noise originating at 17122 Placentia Avenue known as Mr. Fat Fingers. Mr. David H. Coffman of Vista Verde Mobilhome Sites said that a number of Petition protesting his tenants were threatening to move from the park noise at "Mr. Fat if the noise was not stopped. The City Attorney said Fingers" that the proprietor of the establishment is to appear at the City Attorney's Hearing on December 16 and would be given an opportunity to present his side, and"in the intervening -time before the next Council meeting of December 20 extra Police surveilance would be assigned whenever possible to keep the noise down to a permis- sible level. The people interested were advised to be at the City Attorney's Hearing and also the next Council meeting of December 20, 1965. Mr. T. C. Hillburn of Vista Verde Mobil -home Sites said that there was an area west of the trailer park that was a regular dumping ground for trash and papers, weeds, and cut tree limbs that could be a fire hazard. Upon motion by Councilman Jordan, the matter was referred to the City Manager for appropriate action. The motion was carried. Alcoholic Beverage The Clerk presented a copy of application for a new Control on -sale beer license for Barton N..Allan at 2253 Harbor Boulevard together with a recommendation from the Planning Department that an occupancy of 12 persons be set. He said that the applicant had been informed that the occupancy had been limited to 12. The Clerk also presented copy of application from 4 -Most Liquors, Incorporated, 841 Baker Street,�for off -sale general license transfer from 4 -Most Liquors, Incorporated, 2885 Bristol Street; and transfer of off -sale beer and wine license from Anthony and Mary I. C. Petruzziello at 379 East 17th Street to Mary I. C. Petruzziello, 379 East 17th Street. Upon motion by Councilman Pinkley, seconded by Councilman Barck, and carried, the applica- tions were received and filed. Written Communica- Upon motion by Councilman Pinkley, seconded by Council - tions man Barck, and carried, the communication from the City of Fountain Valley regarding the League of California Cities, Orange County Division, was held over, and the letters from Galen Coffman, 2973,Java Road, Costa Mesa, and John C. Leonhardt, 2280 Miner Street, Costa Mesa, expressing willingness to serve the City whenever a vacancy occurs were ordered placed on record in the City Clerk's office for future reference. Permits The Clerk presented an application for..change of equipment on Business License No. 30+5 for Superior Amusement, Incorporated, 9165 Rose Street, Bellflower, for the change of a shuffle alley game to a pool table at the Flame Room, 1880 Monrovia Avenue. He also read the recommendation from the Police Department that there is insufficient room for the pool table. Upon motion by Councilman Pinkley, seconded by Councilman Thompson, and carried, the application for change was denied. Departmental reports Upon motion by Councilman Pinkley, seconded by Councilman Barck, and carried the following departmental reports were received and filed: Planning; Fire; Street; Building Safety; Police, for the month of October; Finance, for the number of non-profit permits issued during the month of November; and Audit of Accounts for the period of July 1, 1965, through September 30, 1965, from Pyle, Lance, Schlinger, and Soll. Warrant Resolution On motion by Councilman Barck, seconded by Council - 438 man Thompson, Warrant Resolution No. 438 including Payroll Nos. 308 and 309 was approved by the following roll call vote: AYES: Councilmen: Pinkley, Jordan, Barck, Thompson NOES: Councilmen: None ABSEUT: Councilmen: Wilson Warrant Resolution On motion by Councilman Pinkley, seconded by Councilman 439 Barck, Warrant Resolution No. 439 was approved by the following roll call vote: AYES:. Councilmen: Pinkley, Jordan, Barck, Thompson NOES: Councilmen: None ABSENT: Councilmen: Wilson Claim --Pulley Upon motion by Councilman Pinkley, seconded by Council- man Barck, and carried, the claim of James E. Pulley was denied and referred to the insurance carrier as recommended by the City Attorney. The City Attorney reported that the sidewalk work has Sunshine Homes been completed in the Sunshine Homes Improvement Improvement District District No. 1, and he recommended that the City con - No. 1 tribute $158.77 to the cost of the district to keep City contribution the estimate given to the home owners unchanged. Upon motion by Councilman Pinkley, seconded by Councilman Thompson, the contribution was authorized by the following roll call vote: AYES: Councilmen: Pinkley, Jordan, Barck, Thompson NOES: Councilmen: None ABSENT: Councilmen: Wilson Relocation of signs .The City Engineer reported that Smith.Electric and flood lights in Supply has completed the relocation of signs and Harbor Boulevard-- flood lights in Harbor Boulevard between 19th Street Notice of Comple- and Wilson Street. Upon motion by Councilman Thompson, tion seconded by Councilman Pinkley, and carried, the work Smith Electric was accepted and the Clerk was instructed to file notice of completion with the County Recorder. Resolution 65-99 Upon motion by Councilman Pinkley, seconded by Council - Prevailing rate man Barck, Resolution 65-99, being A RESOLUTION OF THE of per diem wages CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AND DETERMINING THE GENERAL PREVAILING RATE OF PER DIEM WAGES IN THE PERFORMANCE OF PUBLIC WORKS, was adopted by the following roll call vote: AYES: Councilmen: Pinkley, Jordan, Barck, Thompson NOES: Councilmen: None ABSENT: Councilmen: Wilson Resolution 65-100 Upon motion by Councilman Pinkley, seconded by Council - Appointing County man Barck, Resolution 65-100, being A RESOLUTION OF Health Department THE CITY COUNCIL OF THE CITY. OF COSTA MESA, CALIFORNIA, DESIGNATING AND APPOINTING.COUNTY HEALTH DEPARTMENT OF THE COUNTY OF ORANGE TO ENFORCE.PART 1.5 OF DIVISION XIII OF THE HEALTH AND SAFETY CODE, was adopted by the following roll call vote: AYES: Councilmen: Pinkley, Jordan, Barck, Thompson NOES: Councilmen: None ABSENT: Councilmen: Wilson The City Engineer reported that the developer of Tract 4338 has completed a portion of the improvements and recommended that the present bond in the amount of $27,000.00 be exonerated when a new bond in the amount Tract 4338 of $5,000.00 is posted, which is sufficient to Bond exonerated. guarantee the remaining work to be done. Upon motion by Councilman Thompson, seconded by Councilman Barck, and carried, the recommendation was approved. Opening of Bids The Director of Public Works reported that bids had 3/4 -Ton Pickup been opened by the City Clerk on December 3, 1965, Truck at 10:00 a.m. in the Council Chambers for Bid Item No. 53, one 3/4 -Ton Pickup Truck. The following bids were read: NAME AMOUNT Theodore Robins $ 2,122.75 International Harvester 2,150.46 City Motors, San Clemente 2,132.97 Upon motion by Councilman Barck, seconded by Councilman Pinkley, the contract for Bid Item No. Awarded 53 was awarded to Theodore Robins in the amount of $2,122.75, as recommended by the Director of.Public Works, by the following roll call vote: AYES:. Councilmen: Pinkley, Jordan, Barck, Thompson NOES: Councilmen: None ABSENT: Councilmen: Wilson Opening of Bids The Director of Public Works reported that bids had Remodeling of been opened by the City Clerk on December 3, 1965, Headquarters Fire at 10:00 a.m. in the Council Chambers for the Remodeling Station of and Addition to Headquarters Fire Station Building. The following bids were read: NAME AMOUNT E. F. Grandy $ 78,000.00 Harry Kelso, Incorporated 88,242.00 Fred Beck Construction Company 85,229.00 J. H. Parrish Construction 75,282.00 Peluso Construction 84,890.00 James Barrett 82,453.00 The Director of Public Works recommended that the bid of J. H. Parrish in the amount.of $75,282.00 be accepted as the lowest reponsible bid meeting specifi- cations. On motion by Councilman Thompson, seconded Awarded by Councilman Barck, the contract was awarded to J. H. Parrish by the following roll call vote: AYES: Councilmen: Pinkley, Jordan, Barck, Thompson NOES: Councilmen: None ABSENT: Councilmen: Wilson Glen Allen to be The Director of Public Works requested permission to inspector hire Glenn Allen as inspector for the project known as Remodeling of and Addition to Headquarters Fire Station Building. Upon motion -.by Councilman Pinkley, seconded by Councilman Barck, ermission was granted for the hiring of Glenn.Allen at the rate of.2 per cent of the total cost of the contract by the following roll call vote: AYES: Councilmen: Pinkley, Jordan, Barck, Thompson NOES: Councilmen: None ABSENT: Councilmen: Wilson The City Manager requested permission to advertise for bids to be received on December 17, 1965, at 10:00 a.m., for the Furnishing of Automotive Parts, Bid Call Accessories, and Automotive Machine Shop Service Automotive Parts for City -Owned Equipment. Upon motion by Council- man Thompson, seconded by Councilman Pinkley, and carried, permission was granted. The City Manager requested an advance of $600.00 to Warrant authorized W. D. Clark for the purpose of traveling to Clinton - to pick up fire ville, Wisconsin, to pick up a fire truck at the truck Seagraves Company, and the Seagraves Company is to Seagraves reimburse the City. Upon motion by Councilman Pinkley, seconded by Councilman Barck, the Director of Finance was authorized to draw the warrant by, the following ,roll call vote: AYES: Councilmen: Pinkley, Jordan, Barck, Thompson NOES: Councilmen: None ABSENT: Councilmen: Wilson United Fund The City Manager announced that 80.5 per cent of the City employees had contributed to the United Fund and had reached $5,702.00 of their $7,000.00 goal. The City Manager said that a study has been made by Marsh and McLennan, Incorporated, consulting actuaries Amendments to for the Costa Mesa Retirement Plan, with the following Retirement Plan recommended amendments: 1. Change of eligibility period to six months (from the present 3 years). 2. Lowering the early retirement date for Safety Members to age 50 to conform with the principle that the Early Retirement Date should be 10 years prior to the Normal Retirement Date. 3. Adding of a vesting provi- sion to the Termination of Service provisions giving the employee the right to choose deferred retirement benefits. 4. Clarification of ways of handling the situation when a Safety Member becomes a Non -Safety Member or vice -versa. The Retirement Committee has studied these amendments and recommends that they be adopted, the effective date to be July 1, 1965, to correspond with the anniversary date of the Plan. Upon motion by Councilman Thompson, seconded by Councilman Pinkley, and carried, the Retirement Plan as amended was adopted effective July 1, 1965. Temporary drainage The City Manager reported that the City Engineer was ditch taking emergency measures to fill the temporary drainage ditch in connection with the Cox tract on Harbor Boulevard, which was authorized at the Council meeting of November 15, 1965. Recess The Vice Mayor declared a ten-minute recess, and the meeting reconvened at 7:30 p.m. PART II The City Council of the City of Costa Mesa, California, continued its regular session at 7:30 p.m., December 6, 1965, at the City Hall, 695 West 19th Street, Costa Mesa. The meeting was called to order by the Vice Mayor followed by the Pledge of Allegiance to the Flag and invocation by the Reverend James Piercy of the First Christian Church. 1 u 1 Councilmen Present: Pinkley, Jordan, Barck, Thompson Roll Call Councilmen Absent: Wilson Officials Present: City Manager, City Attorney, Director of Public Works, City Engineer, City Clerk Public Hearing The Vice Mayor announced that this was the time and Pacific Avenue place set for public hearing of protests or objections Annexation against the proposed Pacific Avenue Annexation. The Clerk reported that the affidavit and proof of pub- lication of the Resolution of Intention, and the mailing of notices of adoption of said resolution as required by laws, had been made and were on file in his office. The Vice Mayor thereupon declared the hearing open. The Clerk reported that four letters of protest in addition to written protests had been received representing an assessed valuation of $96,750.00 whereas the total assessed value of the area was $173,430.00, the written protests representing more than one half of the territory in axea and assessed valuation. The City Attorney thereupon advised the Council that inasmuch as written protests had been received repre- senting more than one half of the territory in area and assessed valuation, it should terminate the annexation proceedings. Councilman Pinkley moved, seconded by Councilman Barck, and carried, that the Council found and determined that protests were made by the owners of more than one half of the value of the territory proposed to be annexed, and the annexation proceedings were terminated. Upon motion by Councilman Pinkley, seconded by Councilman Barck, and carried, the public hearing was closed. Public Hearing The Vice Mayor announced that this was the time and the Revision of place set for the public hearing for the revision of building setback building setback line on the east side of Harbor line on east side Boulevard southerly of Fair Drive. The Clerk read of Harbor, south the recommendation of the Planning Commission that of Fair Drive the building setback line on District Map C-5 for the property on the east side of Harbor Boulevard for a distance of 1,177.07 feet from the southerly boundary of existing Fair Drive be changed to 60 feet from the center line of existing Harbor Boulevard as shown on a map filed in the City Clerk's Office. The Vice Mayor asked if anyone wished to speak. Mr. Sidney Sher was present representing applicants, The Rutherford Company, Lindon Legin Company, and Sher Trusts, 1801 Avenue of the Stars, Suite 605, Los Angeles. No one wishing to speak, motion to close the public hearing was made by Councilman Pinkley, seconded by Councilman Thompson and carried. Thereupon on motion by Councilman Barck, seconded by Councilman Pinkley, Ordinance 65-42, Ordinance 65-42 being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF First reading COSTA MESA ESTABLISHING A SIXTY -FOOT BUILDING LINE SETBACK ON THE EAST SIDE OF HARBOR BOULEVARD FOR A DISTANCE OF 1,177.07 FEET SOUTHERLY OF FAIR DRIVE, was given first reading by the following roll call vote: AYES: Councilmen: Pinkley, Jordan, Barck, Thompson NOES: Councilmen: None ABSENT: Councilmen: ,Wilson Continued public The Vice Mayor announced that this was the time and hearing the place set for the continued public hearing of Paularino No. 8 Paularino No. 8 Annexation. The Clerk reported that Annexation no written communications had been received. Mr. Bert Monroe, 801 Paularino, Costa Mesa, presented a petition dated July 20, 1965, containing 14 signa- tures protesting the annexation. Mr. and Mrs. E. R. Campbell, 760 Baker Street, spoke in opposition, and Mr. Bert Monroe spoke to the Council on behalf of the signers of the petition and requested the City Manager and City Attorney to hold a meeting or meetings with the property owners. Councilmen Pinkley was appointed by Vice Mayor Jordan to attend the requested meeting with the City Manager, City Attorney, and property owners. Upon motion by Councilman Pinkley, seconded by Councilman Barck, and carried, the public hearing was continued to the meeting of January 17, 1966. On motion by Councilman Barck,-seconded by Councilman Pinkley, the City Clerk was instructed to check the signers of the petition and report his findings to the Council. Signal Oil Company The City Clerk presented from Signal Oil Company, Encroachment 1221 South Western Avenue, Los Angeles, a request permit C-17-65 for permission to permit a sign encroachment into the public right of way at 300 East 17th Street. Mr. Robert Atkins spoke representing the applicant. Mr. Atkins agreed that if the Council approved the sign encroachment, the sign would not overhang the sidewalk and he also agreed that the applicant would sign an agreement that the applicant would move the sign at his expense in the future when the street was widened. Upon motion by Councilman-Barck, seconded by Councilman Thompson, and carried, the request for encroachment was granted, the sign is not to overhang the sidewalk and the applicant is to sign an agreement subject to the approval of the City Attorney that the sign will be moved at the applicant's expense when the street is widened. Right of way The City Clerk said that he had received a letter deed requesting that the right of way deed be held over Harbor Boulevard from Harbor Boulevard Leasing Corporation for Mesa Leasing Verde Drive East, the extension southeasterly from Adams Avenue to Orange Avenue. Upon motion by Council- man Thompson, seconded by Councilman Pinkley, and carried, the right of way deed was held over to the meeting of December 20, 1965. V-37-65, Mors Variance Application V-37-65, William L. Mors, 1312 Dover Drive, Newport Beach, for permission to construct two single residences on 9,122.5 square feet of land area (one unit on 4,561.25 square feet) in an R1 zone at 881 and 885 West Wilson Street, was presented together with the recommendation of the Planning Com- mission for approval subject to the following conditions: 1. Dedication of all land 40 feet from the center line of existing Wilson Street for the purpose of street widening; 2. Installation of residential sidewalks and concrete driveway approaches, by the owner, at his expense, per standard specifications of the City of Costa Mesa; 3. Tree planting compatible with surrounding area as indicated on the plot plan; 4. Concrete retaining walls to be constructed to sufficient height to insure proper drainage to the front of the lot. The Clerk reported that no written communications had been received. The applicant was present. The Vice Mayor inquired if anyone wished to speak. No one wished to speak. Upon motion by Councilman Pinkley, seconded by Councilman Barck, and carried, the application was approved subject to the recommendation of the Planning Commission. Oral Communications The Vice Mayor asked if anyone wished to speak on ATTEST: ity Clerk of the City of Costa Mesa 1 1 anything that was not on the agenda. Mrs. Moler, 379 Broadway, Costa Mesa, asked about the surveying crews she has seen in her area. She was told that the City Engineer was requested to study the area for the purpose of installing sidewalks. The City Attorney explained that before work was begun there would be a meeting of property owners of the area . to determine what they want. The City -Manager said that it was necessary to have a meeting of the Council and the non-profit corpora - Adjournment tion to approve the civic center plans. Upon motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, at 8:30 P.M. the meeting was adjourned to December 8, 1965, at 6:45 P.Ijo,,in the Council Chambers. e4o� 6?1_M%W0 ayor of the City of Costa Mesa ATTEST: ity Clerk of the City of Costa Mesa 1 1