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HomeMy WebLinkAbout12/16/1969 - City Council1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA December 16, 1969 The City Council of the City of Costa Mesa, California, met Collection of The City Attorney requested approval by the Council of a Accounts Receivable proposed plan for the Collection of Accounts Receivable. After discussion;. on motion by, -Councilman St. Clair, seconded by Councilman Jordan, -and carried, the City Attorney was authorized to initiate his plan for the purpose of Collection of Accounts Receivable for the City. P. R. 0. Enterprises.Suit Resolution 69-85 The City Attorney presented a resolution for adoption by the Council authorizing the County of Orange to appear on behalf of the City of Costa.Mesa in defense of a suit by P. R. 0. Enterprises,'Incorporated. On motion by Councilman Jordon, seconded by Councilman Pinkley, Resolution 69-85, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE COUNTY OF ORANGE TO APPEAR ON BEHALF OF THE CITY OF COSTA MESA IN DEFENSE OF A SUIT BY P. R. 0. ENTERPRISES, INCORPORATED, FOR THE RETURN OF POSSESSORY INTEREST TAX, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Jordan; Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None in.regular session at -7:00 p.m., December 16, 1969, at the City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Vice Mayor.for the purpose of dis- cussion 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 Director of Public Works, George. Madsen. Roll Call Councilmen Present: Wilson, Pinkley, Jordan, Tucker, St. Clair Councilmen Absent: None Officials Present: -Assistant City Manager, City Attorney, Director of Public Works/City Engineer, City Clerk Public Hearing The Clerk announced that this was the time and the place R-17-69 for the public hearing for Rezone Petition R-17-69, Costa Mesa Planning Commission, for permission to rezone property at 2097-2099 Placentia. Avenue from R4 -CP to M1. The Clerk read the recommendation of the Planning Commission for approval.. The owner of the property, -Mrs. Karen Fenn, 1544 Placentia Avenue, Newport Beach, was present and spoke from the floor. She explained in detail what her plans were for the property and also presented a sketch of the plan. Mr. Frank Pinol spoke from the floor in favor of the rezone. There being no further comments from the public, the Council approved the rezone, and on motion by Councilman Ordinance 69-36 Jordan, seconded by Councilman St. Clair, Ordinance 69-36, First Reading being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO REZONE PROPERTY AT 2097-2099 PLACENTIA AVENUE FROM R4 -CP TO Ml,.was given first reading by the following roll call vote:- oterAYESr AYES:,Councilmen: Wilson, Pinkley, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Collection of The City Attorney requested approval by the Council of a Accounts Receivable proposed plan for the Collection of Accounts Receivable. After discussion;. on motion by, -Councilman St. Clair, seconded by Councilman Jordan, -and carried, the City Attorney was authorized to initiate his plan for the purpose of Collection of Accounts Receivable for the City. P. R. 0. Enterprises.Suit Resolution 69-85 The City Attorney presented a resolution for adoption by the Council authorizing the County of Orange to appear on behalf of the City of Costa.Mesa in defense of a suit by P. R. 0. Enterprises,'Incorporated. On motion by Councilman Jordon, seconded by Councilman Pinkley, Resolution 69-85, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE COUNTY OF ORANGE TO APPEAR ON BEHALF OF THE CITY OF COSTA MESA IN DEFENSE OF A SUIT BY P. R. 0. ENTERPRISES, INCORPORATED, FOR THE RETURN OF POSSESSORY INTEREST TAX, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Jordan; Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Resolution 69-86 The City Attorney presented a proposed resolution to the City Council authorizing him to bring action against the Z -D Products Z -D Products Corporation, on behalf of the City, as,they Violation of have been dumping volatile liquids into the Costa Mesa Various City Sanitary District lines, thereby violating various City Codes codes. On motion by Councilman Jordan, seconded by Councilman Pinkley, Resolution 69-86., being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE CITY ATTORNEY TO JOIN THE CITY OF COSTA MESA AS A PARTY PLAINTIFF IN ACTION AGAINST CERTAIN USERS OF THE COSTA MESA SANITARY DISTRICT L31TES TO PROHIBIT THE DUMPING OF VOLATILE LIQUIDS IN SAID LINES, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Resolution 69-87 The City Attorney presented a proposed resolution regarding certain property offered in connection with Tract Map Number Offer of Dedication 3065. He stated that it is now apparent that Congress Declined Street will never be extended and that the City should Congress Street therefore decline the offer of dedication. On motion by Councilman Pinkley, seconded by Councilman Jordan, Resolution 69-87, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLINING AN OFFER OF DEDICATION ON CERTAIN PROPERTY OFFERED IN CONNECTION WITH TRACT MAP NUMBER 3065.WHICH SAID DEDICATION IS.NO LONGER NECESSARY FOR THE DEVELOPMENT.OF STREETS IN THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Proposed Contract The City Attorney presented a proposed contract for the Golf Course operator of the golf course to the Council for study and Operator recommendation. On motion by Councilman Tucker, seconded by Councilman St. Clair, and carried, the proposed con- tract was accepted for study and future action. Recess Vice Mayor Wilson declared a.five_minute recess upon request by Councilman Tucker at 7:30 p.m. The meeting reconvened at 7:35 P -m. The Director of Public Works requested approval of funds under the Arterial Highway Financing Program for 1970-1971 for Fairview Road, from Newport Boulevard to the San Diego Freeway. On motion by Councilman St. Clair, seconded by Resolution 69-88 Councilman Pinkley, Resolution 69-88, being A RESOLUTION Fairview Road OF THE CITY COUNCIL OF THE CITY OF.COSTA MESA REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN.THE ARTERIAL HIGH- WAY FINANCING PROGRAM THE DEVELOPMENT OF FAIRVIEW ROAD, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None The Director of Public Works requested approval of funds under the Arterial Highway Financing Program for 1970-1971 for Placentia Avenue, from the south city limits to 19th Street. On motion by Councilman Tucker, seconded by 1 1 Resolution 69-89 Councilman Jordan, Resolution 69-89; being A RESOLUTION OF (Continued) THE COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUEST- ING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF PLACENTIA AVENUE, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Jordan, Tucker, St. Clair NOES:- Councilmen: None ABSENT: Councilmen: None The Director of Public Works requested approval of funds for financing project for Arterial Highway Financing Program 1970-1971 for Santa Ana Avenue, from Mesa Drive to Palisades Road (to be administered by the County as a cooperative project). On motion by Councilman St. Clair, Resolution 69-90 seconded by Councilman Jordan, Resolution 69-90, being Santa Ana and A RESOLUTION OF THE CITY OF COSTA MESA REQUESTING THE Red Hill COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF -SANTA ANA AVENUE AND RED HILL AVENUE, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Don Swedlund The Director of Public Works requested that the cash bond Cash Bond- of 0,1+30.00 posted.by. Don Swedlund. for assurance of Released completion of street improvements at 1240 Logan Street, be released as said improvements have been completed in accordance.with City standards -and specifications. On motion'by Councilman Jordan, seconded by Councilman Pinkley, the bond was ordered released by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: .Councilmen: None Williamson and The Director of Public Works requested revision of agree - Schmid - ment-with Williamson and Schmid for engineering services on Contract Amended Arterial Highway Financing Project Number 455, Widening of Wilson Street, due to a revision of the standard hourly rate.paid their employees under a new contract which became effective November 1, 1969. On motion by Councilman Jordan, seconded by Councilman Pinkley, amendment to the contract, as requested,�was approved by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None R. J. Noble The Director of Public Works requested an extension of time Time Extension to the contract with R. J. Noble Company for Arterial Widening of Highway Financing Project Number 1+55, Gas Tax 64, Widening Wilson Street ,of Wilson Street, 500 feet west of Harbor Boulevard, to College Avenue. This extension was requested due to loss of time because of rain and various work delays. On motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, a time extension.of thirteen days from December 15, 1969 to January 5, 1970, was granted. 94, The Director of Public Works requested authorization to advertise for bids for Construction of Walkways and Call for Bids Benches in the Costa Mesa City Park. On motion by Costa Mesa City Councilman Pinkley, seconded by Councilman St. Clair, Park - Walkways and carried, the request was granted and bids are to be and Benches received at 11:00 a.m. on Tuesday, January 13, 1970. Southern The Director of Public Works presented a request from the California Southern California Edison Company for permission to pull _ Edison Company out four poles and insert one new one at the corner of Santa Ana Avenue and East 17th.Street. On motion by Councilman St. Clair, seconded by.Councilman Jordan, and carried, the request was granted. Encroachment The Clerk presented application for Encroachment Permit 42, Permit 42 Federal Sign and Signal Corporation, 1100 North.Main Street, Post Office Box 3576, Los Angeles, California, 9005+, -for permission to replace an existing free standing pole sign with a new 30 foot high pole sign in a C2 zone, together with the recommendation of the Planning Commission for approval subject to the following conditions: 1. Sign shall be no.closer than 39 feet from the center line of East 17th Street with the edge of any part of the sign structure. 2. Applicant shall post a new bond in the amount of $1,000.00 to cover cost of removing and relocating the sign and planter, should the need arise. 3. Sign Removal Agreement shall be filed with the City signed by the property owner and the sign company representative. (This signed Agreement has been received). On motion by. Councilman Jordan, seconded by Councilman St. Clair, and carried, the Encroachment Permit was granted subject to the stated conditions. Building Moving Permit .594 The Clerk presented application for Building Moving Permit. Number 594, from Elmer L. Mylar, 12021 Shady Acre, Garden Grove, California, for permission to move in a single Elmer Mylar family residence in a R2 zone from 10632 Chapman Avenue, Garden Grove, to 778 Congress Street, Costa Mesa, with the Planning Commission recommendation for approval. The Vice Mayor inquired if anyone in the audience wished to be heard by the Council on this matter. Mr. Roy Watkins spoke for Mr. Mylar and also answered questions of the Council. On motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, Councilman Pinkley voting No, the permit was granted. ZE-log-69 The Clerk presented application for Zone Exception Permit Elmer Lee Mylar ZE-109-69, Elmer Lee Mylar, 12021 Shady Acre, Garden Grove, for permission to construct nine units on 24,200 square feet of land area (one unit per 2,688 square feet of land area) in an R2 zone, together with the recommendation of the Planning Commission for approval. On motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, the permit was granted subject to the following special requirement: Shall meet all the requirements as outlined in the Certified Recommendations from the various City Departments, copy attached to application and made a part thereof. Set for Public Upon motion by Councilman Jordan, seconded by Councilman Hearing Tucker, and carried, the following rezone petition was set for public hearing at 7:00 p.m. on January 6, 1970, or as soon thereafter as practicable: 1 1 1 R-20-69 Rezone Petition R-20-69, S. V. Hunsaker, Jr., 707 East Hunsaker Chapman, Fullerton,'for permission to rezone property from Ml to R4 -CP, located between Baker Street and Paularino Avenue, 257 feet easterly of the center line of Bristol Street. Grant Deed On motion by Councilman St. Clair, seconded by Councilman Right of Way Tucker, the following Grant Deed and Right of Way Deeds Deed were accepted and ordered placed on record by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None DATE NAME FOR 11- 5-69 Joseph and Amelda Himmelheber Placentia Avenue 11-25-69 Henry L. and Jennie M. Muto Victoria Street 11-25-69 Henry L. and Jennie.M. Muto Victoria Street 11-17-69 Chloe H. and Chloe A. Stalons Placentia Avenue 12- 1-69 Robert R. and Katherine Dormeyer Placentia Avenue ` 12- 9-69 .Rex M. and Bertha A. Cook Victoria Street 12- 4-69 Helen Kl..ose Victoria Street 12- 3-67 Dumord Corporation (Grant Deed) Lot -A -Norse -Avenue ZE-106-69 The Clerk presented application for Zone Exception Permit Saucedo ZE-lQ6-69, Jose Saucedo, 647 West Plumer Street, Costa Mesa, for permission to allow one bachelor unit in a converted .garage facility with a total ,of three units on 8,505 square feet of land area -(one unit per 2,835 square feet) inan R2 zone, and to have a total of one garage, one carport, and one open parking space instead of the required three garages and three open parking spaces at that address. Mr. Roy Watkins represented Mr. Saucedo and explained that the application was changed to two units instead of three which was the way it was approved by the Planning Commission. He explained that this would be returning the premises to a . duplex as it was originally. On motion by Councilman Pinkley, seconded by Councilman St. Clair, and carried, the permit was approved subject to the special requirements of the Certified Recommendations of the various City Depart- ments, copy attached to the application and made apart thereof and also subject to, the deletion of Conditions 4 and 9• ZE-110-69 The Clerk presented application for Zone Exception Permit Cordeiro ZE-110-69, Samuel Patrick Cordeiro,'2493 Fairway Drive, Costa Mesa, for permission to encroach 8.3 feet into the required 19.8 -foot rear yard setback for addition of a combination dining room and game room which was corrected at the December 8, 1969 meeting to read: Permission to encroach 6.6 feet into required 18.1 foot rear yard setback. On motion by Councilman Pinkley, seconded by Councilman St. Clair, and carried, the application was approved subject to the following special requirement: Tree planting in the City parkway under the direction of the Street Department. ZE-111-69 . The Clerk presented application for Zone Exception Permit Hun_saker, ZE-111-69, S. V. Hunsaker, Jr., 707 East Chapman Avenue, Fullerton, for permission.to exceed the maximum permissible building height allowing the construction of '167 units to meet the CP Standards in an,R2 zone (proposed R4 -CP zone) Z 0-1 ZE-111-69 not to exceed three stories, as per Section 9290.2.4 of (Continued) the Municipal Code (high rise standards) between Baker Street and Paularino Avenue, 257 feet easterly of the center line of Bristol Street. This application was held over on motion by Councilman Pinkley, seconded by Council- man Jordan, and carried, until January 6, 1970, after the public hearing on Rezone Petition R-20-69. ZE-112-69 The Clerk presented application for Zone Exception Kathy Investment Permit ZE-112-69, Kathy Investment Company, 445 East Company 17th Street, Costa Mesa, for permission to construct and operate a "Here's Johnny's Restaurant" to meet the "CP" requirements in a Cl -CP zone in the general area of the southwest -corner of Bristol and Baker Streets, together with the Planning Commission recommendation for approval. Mr. Jim Mizell spoke from the floor and stated that he was representing the Kathy Investment Company. Mr. Mizell answered various questions of the Council and upon motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, the application was approved subject to the following special requirement: Shall meet all the require- ments of the various City Departments of the City of Costa Mesa, copy attached to application and made a part thereof. Warrant The Assistant City Manager requested the Council's approval Resolution 603 of special Warrant Resolution 603 in the amount of $2,964.00 for the Marksmanship.Maintenance Program of the Police Department. On motion"by Councilman St. Clair, seconded by Councilman Pinkley, approval of Warrant Resolution Number 603 was made by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Meeting The Assistant City Manager reported that his office had Removal of this date set up a meeting with Mr. Al Golden of the State Crosswalk Division of Highways for a meeting on Tuesday at 10:00 a.m., December 23, 1969, in the fifth floor conference room regarding the removal of the crosswalk at Newport Boulevard 'and the problems at the Harbor Boulevard, Newport Boulevard intersection. Selection of Councilman St. Clair made a motion, seconded by Councilman Consultant for Tucker, that Russell Priebe be selected as the consultant Downtown for the Downtown Redevelopment program. After lengthy Defeated discussion, the motion was defeated, Councilmen Pinkley, Wilson, Jordan voting No. Selection of On motion by Councilman Tucker, seconded by Councilman Consultant for Pinkley, the selection of a consultant for the Redevelop - Downtown Redevelop- ment of the Downtown Area was held over to the meeting ment Held Over of January 5, 1970. The motion carried unanimously. Resolution 69-91 Councilman Jordan presented a resolution which was adopted by the City of Newport Beach at its adjourned meeting on Pacific Coast December 15, 1969, regarding adjustments in the adopted Freeway route of the Pacific Coast Freeway. After discussion, on motion by Councilman Jordan, seconded by Councilman Pinkley, Resolution 69-91, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, EXPRESSING ITS DESIRE TO COOPERATE WITH THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH IN REQUESTING THE SOLVING OF ENGINEERING PROBLEMS OF 1 1 Resolution 69-91 THE ADOPTED ROUTE OF THE PACIFIC COAST FRFZIAY AND URGING (Continued) EXPEDITIM.OF CONSTRUCTION OF THIS FREEWAY, was adopted by the following roll,call-vote: AYES: Councilmen: Wilson, Pinkley, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None National League Vice Mayor Wilson presented a preliminary resolution urging of Cities, amendment of the Bylaws,of the National League of Cities to Bylaws Amendment broaden the representation of local government officials in League elective offices, for consideration and study by the Council. He said that he,will request that this resolution be adopted.at the Council meeting of January 6, 1970. Councilman Tucker made a motion, seconded by Councilman Jordan, which carried unanimously, to study the proposed resolution. Vice Mayor Wilson reported on the meeting of the National League of Cities in San Diego. Mayor Pinkley spoke on meeting plans for 1970. Representative to On motion by Councilman.Tucker, seconded by Councilman Attend Edison St. Clair, and carried, Councilman Wilson eras appointed as Hearings -a representative, with Mr. Sorsabal as an alternate, to attend the meeting in Fountain Valley on the Edison Company. hearing for generating plants.. Adjournment Vice Mayor Wilson declared the meeting adjourned at 9:20 p.m. Mayor of.the City of Costa Mes ATTEST: w C y TierkAf the CiTy of Costa Mesa Acting City Clerk