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HomeMy WebLinkAbout12/02/1969 - City Councile, REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA December 2,° 1969 The City Council of the City of Costa Mesa, California, met in regular session at 7:00 p.m., December 2, 1969.1 at the City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor for the purpose of discussion and debate on matters scheduled and'such actions as the Council desires to take under Section 2203 of the Municipal Code of the City of Costa Mesa. The Pledge of Allegiance to the Flag was'followed'by invocation by the Reverend Father Kenneth Krause of St. John the Baptist Catholic Church. Roll Call Councilmen Present: Tucker, Pinkley, Jordan, St. Clair Councilmen Absent: Wilson Officials Present: City Manager, City Attorney,.Assistant City Engineer, City Clerk Minutes The Mayor asked if there were any corrections or additions. November 17, 1969 to the minutes of November 17, 1969, and November 18, 1969, November 18, 1969 and the adjourned regular meeting of November 25, 1969. November 25, 1969 There being none, the Mayor declared the minutes approved as distributed and posted. Adjourned Meeting The Mayor announced that the meeting would be adjourned to.. Scheduled 6:00 p.m. on December 8, 1969, to a personnel session where the hiring of a golf course operator would be the topic of discussion, and the adjourned public meeting would begin at 7:00 p.m., following the personnel session. Public Hearing The Clerk announced that this was the time and the place R-15-69, for the public hearing for Rezone Petition R-15-69, Costa Mesa Planning Commission, for permission to rezoneproperty on both sides of Valley Road, approximately 400 feet south from the center line of Victoria Street, from M1 to R1. The Clerk read the recommendation of the Planning Commission for approval. He also read a letter opposing the rezone from Jerry Gist, 2109 Valley Road, Costa Mesa. The Mayor asked if anyone wished to speak. The following spoke in favor of the rezone: C-. E. Oversen, 1125 Gleneagles Terrace; Al Maeder, 1151 Gleneagles Terrace; Nancy Joyce, 209+ Balmoral Place; and:Charles Unsworth, 1101 Valley Circle.; The following spoke in opposition: Harry Otting, representing Dewey's Rubbish Service, opposed, but requested CP attached to Rl zoning if approved; James W. Ray, representing his father James Ray; Mrs. Clara Hill, 1434 South Ross, Santa Ana, if to be changed, would prefer R3 instead of Rl; Jim Ray, 188 East 17th Street, Costa Mesa, requested that the application be held over to allow time for him to present a precise plan for the development of his property; and Jerry Gist, 2111 Valley Road. The Clerk read a petition signed by 57 residents of the area in favor of changing the zoning to Rl. No one else desiring to speak, the Mayor closed the public hearing. After discussion, Councilman Jordan made a motion for denial of the petition, seconded by Councilman St. Clair. The motion failed to carry by the following roll call vote: AYES: Councilmen: Jordan, St. Clair NOES: Councilmen: Tucker, Pinkley ABSENT: Councilmen: Wilson R-15-69 Afterfurther discussion,. upon motion by Councilman Valley Road Area Jordan; seconded by Councilman Pinkley; and carried, the Zoning Study Council directed the application returned to the Planning Requested Department for -study of the general area to try to determine its proper zoning, to be returned to Council in 90 days. Public Hearing The Clerk announced that this was the time and the place R-16-69_ set for public hearing for Rezone Petition R-16-69, Costa, Mesa Planning Commission, for permission to rezone property described as Lots 1 through 26, Tract 6384, west of Club recommended that the Council adopt the proposed ordinance. House Road, bordered by the Mesa Verde Golf Course, from R2 -CP to R1. The Clerk read the recommendation of the Planning Commission for approval. The Mayor asked if by Councilman St. Clair, the City Attorney is to notify - anyone wished to speak for or against the petition. No Ordinance 69-35 one desiring to speak, the Mayor closed the public hearing. Upon motion by Councilman Jordan, seconded by Councilman Ordinance 69-34 Tucker, Ordinance 69-34, being AN ORDINANCE OF THE CITY First Reading COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF LOTS 1 THROUGH 26 OF TRACT 638+ FROM R2 -CP TO R1, was given COSTA MESA,CALIFORNIA, PROHIBITING CERTAIN OBNOXIOUS first reading by title only and passed to.second reading by the following roll call vote: AYES: Councilmen: Tucker, Pinkley, Jordan, St. Clair following roll call vote: NOES: Councilmen: None ABSENT: Councilmen: Wilson The City Attorney presented a proposed ordinance prohibiting certain obnoxious conduct and -repealing Sections 61300 through 61321 of the Municipal Code. Police Chief Neth . recommended that the Council adopt the proposed ordinance. After discussion, upon motion by Councilman Jordan, seconded by Councilman St. Clair, the City Attorney is to notify - Ordinance 69-35 the Clerk when Ordinance 69-35 is to be placed on the First Reading agenda for second reading and adoption, and Ordinance 69-35, Live being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Entertainment COSTA MESA,CALIFORNIA, PROHIBITING CERTAIN OBNOXIOUS CONDUCT, was given first reading by title only by the following roll call vote: AYES: Councilmen: Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: Wilson Building Moving The City Attorney reported that between 90 and 95 percent 575 of the work had been completed by Dean Lewis Imports in Richard Lewis connection with Building Moving Permit,575, Richard Lewis. He said that the Planning Department recommended that the bond not be exonerated yet. Notice of The Assistant City Engineer recommended that Notice of Completion Completion be filed and'bonds be released according to Nato Corporation City procedure for the contract with Nato Corporation, Patching and 911 Jade Circle, Placentia, for Patching and Seal Coating Sealing City of City Streets. Upon motion by Councilman St. Clair, Streets seconded by Councilman Jordan, the recommendation of the Assistant City Engineer was approved by the following roll call vote: AYES: Councilmen: Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: Wilson Notice of The Assistant City Engineer recommended that Notice of Completion Completion be filed and bonds be released according to City Mark Construction procedure for the contract with Mark Construction Company, Arlington Drive Incorporated, Post Office Box EA, Garden Grove, for the from Fairview to Improvement of Arlington Drive from Fairview Road to Newport Newport Boulevard. Upon motion by Councilman St. Clair, seconded Notice of by Councilman Jordan, the recommendation of the Assistant . Completion City Engineer was approved by the following roll call (Continued) vote: AYES: Councilmen: Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: Wilson Notice of The Assistant City Engineer recommended that Notice of Completion Completion be filed and bonds be released according to Sully -Miller City procedure for the contract with SuJ-ly-Miller Con - Resurfacing and tracting Company, Post Office Box 432, Orange, for the Reconstruction of Resurfacing and Reconstruction of City Streets. Upon motion City Streets by Councilman St. Clair, seconded by Councilman Jordan, the recommendation of the Assistant City Engineer was approved by the following roll call vote: AYES: Councilmen: Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen; Wilson Change Order No. 2 The Assistant City Engineer recommended approval of Change Steiny and Mitchel Order No. 2, an increase in the amount of $325.00, on the Traffic Signals on contract with Steiny,and Mitchel, Incorporated, for the Bristol at Sears Installation of Traffic Signals and Street Lighting on Bristol Street at the Sears Roebuck Entrance and also an Contract Extension extension of 35 days to the contract. Upon motion by Councilman St. Clair, seconded by Councilman Jordan, Change Order No. 2 and extension of the contract as recommended were approved by the following roll call vote: AYES: Councilmen: Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: Wilson Bona Released The Assistant City Engineer said that street improvements Carl's Junior have been completed at 1550 Adams Avenue, Carl's Junior Restaurant Restaurant, Limited, and recommended that the Council release the bond. Upon motion by Councilman Jordan, seconded by Councilman Pinkley, the bond was ordered released by the following roll call vote: AYES: Councilmen: Jordan, Pinkley, Tucker NOES: Councilmen: St. Clair ABSENT: Councilmen: Wilson Resolution 69-82 Upon motion by Councilman St. Clair, seconded by Councilman Whittier Heights Jordan, Resolution 69-82, being A RESOLUTION OF THE CITY Annexation COUNCIL OF THE CITY OF COSTA MESA APPROVING THE ANNEXATION OF CERTAIN CONTIGUOUS TERRITORY LYING WITHIN THE CITY OF NEWPORT BEACH, DESIGNATED AS WHITTIER HEIGHTS ANNEXATION; AND REQUESTING THE CONSENT OF THE CITY OF NEWPORT BEACH TO THE DETACHMENT OF SAID TERRITORY, was adopted by the following roll call vote: AYES: Councilmen: Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: Wilson Set For Public_ Upon motion by Councilman Jordan, seconded by Councilman Hearing St. Clair, and carried, the following rezone petition was set for public hearing at 7:00 p.m. on December 16, 1969, or as soon thereafter as practicable: R-17-69 Rezone Petition R-17-69, Karen A. Fenn, 1544 Placentia Fenn Avenue, Newport Beach, for permission to rezone property at 2099 Placentia Avenue from R4 -CP -to Ml. 1 ��QJ Right of Way Upon motion by Councilman St. Clair, seconded by Deeds Councilman Jordan, the.following right of way deeds were accepted and ordered placed on record by the following roll call vote: AYES: Councilmen: Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: Wilson DATE NAME FOR STREET 10-13-69- Brice A. and Elizabeth R. Deering Placentia Avenue 10-13-69 Robert E. and Dolores I. Loving Placentia Avenue 10-20-6g Gordon H. and Edna M. MacIntyre Placentia Avenue 11-18-69 Newport.Mesa Unified School District Iowa Street 11-24-69 Basil and Elena Smolich Victoria Street 12-'1-69 William R. and Norrene Tighe Baker Street ZE-70-69-A The Clerk presented application.for Zone Exception Permit Chapman Homes ZE-70-69-Amended, Chapman Homes, Incorporated, Post Office Box 102, Costa Mesa, for permission to construct 18 units on 26,464 square feet.of land area (one unit per 1,470.22 square feet of land area) with a 4 -foot side yard setback on one side only for the apartment buildings and with a zero -foot side yard setback for the attached 7 -car garage on property located at 2035 Fullerton Avenue in C2 and Rx+ zones; together with the recommendation of the Planning Commission for.approval subject to the following special requirement: 1. Shall meet all the requirements of the Certified Recommendations of the various City departments, copy attached to the application and made a part thereof. The Clerk said that he had received no written communi- cations. The Mayor inquired if anyone wished to speak, and no one desiring to spear, motion for approval subject to the recommendation of the Planning Commission was made by Councilman St. Clair, seconded by Councilman Jordan, and carried. Oral The Mayor inquired if anyone wished to speak on any item Communications that was not'on the agenda. Richard DeWitt, 2973 Royal Palm Trash Pickup Drive, Costa Mesa, complained about the trash pickup in Complaint his area, especially that he received no notice that trash would not be picked up on Thanksgiving Day. The Council said that the Thanksgiving Day trash pickup shcedule had been published in the local -newspapers. Mr. DeWitt was informed that he could attend the Sanitary District Board meeting on December 3, 1969, at 7:30 p.m.' in -the Council conference room. After discussion, on motion -by Councilman Tucker, seconded by Councilman Pinkley, and carried, the City Attorney was instructed to represent the City Council at the Sanitary District Board meeting on December 3, 1969; and request that the contractor take precaution to prevent this complaint from happening in the future. Councilman Councilman St. Clair said that he would like the City St. Clair offices to notify by certified mail, with return receipt requested, residents in the area of a zone exception_ Notification of application or an application for rezoning. He suggested -Public Hearings that the applicant bear the cost of the notification. The City Attorney explained the notification procedure the City now follows. The Director of Planning was requested to investigate what,the City.now spends on mailing only of postcard notifications of public hearings.. Written Communications California Council on Intergovern- mental Relations The Clerk presented the following written communications: a letter from Frank Fargo, Executive Secretary, California Council on Intergovernmental Relations, requesting response of the Council by December 12, 1969, regarding regional boundaries; a letter from John'H. Brownfield, Architectural Models, 1765 Newport Boulevard, Costa Mesa, stating his car was hit by a street sweeper, and the Clerk stated copies had been sent to the City Attorney and insurance agent of the claim; and letter from R. Shirley Bagley, 2252.Rutgers Drive, -Costa Mesa, with newspaper clipping on running a city economically. On motion by Councilman Tucker, seconded by Councilman Jordan, and carried, the communications were received and filed except that the communication from the California Council on Intergovern- mental Relations was held over to the meeting of December 8, 1969. Councilman Tucker said that he was in favor of the new Public Officials law passed requiring public officials to file their Financial financial statements publicly. After discussion, the Disclosure City Attorney said that the Association of City Attorneys of Orange County was now preparing an analysis of the law, and he would have a copy distributed to each Councilman as soon as he received it. . List of Councilman Tucker said that at the meeting of November 3, Recoverable 1969, he had requested•of the Director of Finance a listing Advances and aging of receivables and unpaid items and review of bad debts and invoice book. He said that he had not received this information and was requesting it again. Adjournment The Mayor adjourned the meeting at 9:25 p.m. to December 8, 1969, at 6:00 p.m. for a closed personnel session, with an open public meeting to begin at 7:00 p.m. /tel Mayor of the City of Costa -Mesa ATTEST: City Clerk of the City of Costa Mesa 1 1 i