HomeMy WebLinkAbout01/06/1970 - City CouncilREGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
January 6, 1970
The City Council of the City of Costa Mesa, California, met
in regular session at 7:00 p.m., January 6, 1970, 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 Mel
Taylor of the Fairview Baptist Church.
Roll Call Councilmen Present: Wilson, Pinkley, Tucker, St. Clair
Councilmen Absent: Jordan
Officials Present: Assistant City Manager, City Attorney,
Director of Public Works/City Engineer,
City Clerk
The Clerk announced that this was the time and the place for
Public Hearing
the public hearing for Rezone Petition R-20-69, S: V.
R-20-69
Hunsaker, Jr., 707 East Chapman Avenue, Fullerton, for
Hunsaker
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. The Clerk read the
recommendation of the Planning Commission for approval.
Mr. Hunsaker was present. and addressed the Council. There
being no further speakers on the subject, the Mayor declared
the public hearing closed and the Council approved the
rezone on motion by Councilman Wilson, seconded by Council-
Ordinance.70-2
man Tucker, and Ordinance 70-2, being AN ORDINANCE OF THE
First Reading
CITY COUNCIL OF THE CITY OF COSTA MESA, CHANGING THE ZONING
OF A PORTION OF TAT 3 IN BLOCK E OF THE BERRY TRACT FROM
Ml TO R4 -CP, was given first reading by the following roll
call vote:
AYES: Councilmen: Wilson, Pinkley, Tucker, St. Clair
NOES: Councilmen: None
ABSENT: Councilmen: Jordan
ZE-111-69
The Clerk presented Zone Exception ZE-111-69, S. V.
Hunsaker
Hunsaker, Jr., for permission to exceed the maximum per-
missible building height allowing the construction of 167
units to meet the CP Standards in an R2 zone (proposed R4 -
CP zone) not to exceed"three stories, as per Section 9290.2.4
of the Municipal Code (high rise standards) between Baker
Street and Paularino Avenue, 257 feet easterly of the center
line of Bristol Street. The'City Attorney stated that due
to a mutual error between the developer and the Planning
Commission, the Planning Department requested that this
application be returned to them for correction, and it will
then be submitted again for Council action. On motion by
Councilman Wilson, seconded by Councilman Tucker, and
carried, Zone Exception ZE-111-69 was returned to the
Planning Department, as requested.
Resolution 70-3
The City Attorney stated that due to an error in
Declining
Resolution 70-3, being A RESOLUTION OF THE CITY COUNCIL OF
Dedication
THE CITY OF COSTA MESA, -CALIFORNIA, DECLINING AN OFFER TO
Tract 3065
DEDICATION ON CERTAIN PROPERTY OFFERED IN CONNECTION WITH
TRACT MAP NUMBER 3065 14HICH SAID DEDICATION IS NO LONGER
NECESSARY FOR THE DEVELOPMENT OF STREETS IN THE CITY OF
COSTA MESA, he requested that Council decline dedication of
Lot B only. On motion by Councilman Wilson, seconded by
Councilman St. Clair, the resolution was corrected to read
only Parcel B, by the following roll call vote:
AYES: Councilmen: Wilson, Pinkley, Tucker, St. Clair
NOES: Councilmen: None
ABSENT: Councilmen: Jordan
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The Director of Public Works requested an extension of time
Time Extension for for the Construction of Picnic Area Number 2 for Charles W.
TeWinkle Park TeWinkle Memorial Park, due to the difficulty of the con -
Picnic -Area 2 tractor in securing the specified sinks and delay because
of rain - five days. On motion by Councilman Wilson,
seconded by Councilman.Tucker, and carried, an extension of
twenty-seven days from December 21, 1969, to January 17,
1970, was approved.
The City Attorney requested that changes be made'in the
fidelity bond coverage for City personnel as follows:
Formerly Recommended
Basic Blanket Coverage (for $ 5;000.00 $ 10,000.00 each
all employees)
Electronic Data Processing 101%000.00 251000.00
Manager, an additional $15,000
Cashier 10;000.00 25,000.00
Accounting Supervisor 10,000.00 25,000.00
Two Deputy.Treasurers 15,000.00 150,000.00
Director of Finance 50,000.00
City Treasurer 50,000.00 200,000.00
City Employee
This additional coverage will raise the annual premium from
Bond Coverage
$1,450.00 for three year coverage to $3,o68.00, which is
slightly greater'than.double. On motion by Councilman Tucker,
seconded .by Councilman Wilson, the request for the increase
of bond coverage for City personnel was approved by the
following roll call vote:
AYES: Councilmen: Wilson, Pinkley, Tucker, St. Clair
NOES: Councilmen: None
ABSENT: Councilmen: Jordan
The City Attorney presented a copy of Senate Bill Number 515
which amends Section 37902 of the Government Code raising the
maximum amount of money which may be spent prior to proceeding
under bid procedures,. The former amount was $2,500.00 and
the -Legislature in Sacramento has now raised this to $3,500.00.
The City Attorney recommended that the feasibility of raising
Ordinance 70-3
the City ordinance from $2,000.00 to $3,500.00 be submitted
-First Reading
to the staff for its recommendation and that if the City
Council so desires, the ordinance be amended accordingly.
Maximum Amount
On motion by Councilman St. Clair, seconded by Councilman
Without -:_Bid
Tucker, Ordinance 70-3, being AN.ORDINANCE OF THE CITY COUNCIL
Procedure
OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 2613
Increased to
OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA TO INCREASE
$3,500.00
THE MAXIMUM PURCHASE WITHOUT BID PROCEDURE FROM $2,000.00 TO.
Public Works Only
$3,500.00, was given first reading by the following roll -call
vote:
AYES: Councilmen: Wilson, Pinkley, Tucker, St. Clair
NOES: Councilmen: None
ABSENT: Councilmen: Jordan
The Director of Public Works stated that Gas Tax Project
Number 71 has been completed, the installation of a storm
Gas Tax Project 71
drain pipe in Irvine Avenue from 17th Street to Cabrillo
Completed
and for street improvements at the intersection of East
17th Street and Irvine Avenue, and -that this was a joint
project with the City,of Newport Beach. He recommended
Payment to
acceptance and payment of $35,588.35 to the City of Newport
Newport Beach
Beach in accordance with the agreement signed by the Mayor
Authorized
on October 8, 1968: On motion'by'Cou.ncilman Wilson,
seconded by Councilman Tucker, payment to the City of
Newport Beach was approved by the following roll call vote:
AYES: Councilmen: Wilson, Pinkley, Tucker, St. Clair
NOES: Councilmen: None .
ABSENT: Councilmen: Jordan
The Director of Public Works requested an extension of time
Time Extension for for the Construction of Picnic Area Number 2 for Charles W.
TeWinkle Park TeWinkle Memorial Park, due to the difficulty of the con -
Picnic -Area 2 tractor in securing the specified sinks and delay because
of rain - five days. On motion by Councilman Wilson,
seconded by Councilman.Tucker, and carried, an extension of
twenty-seven days from December 21, 1969, to January 17,
1970, was approved.
The Clerk presented the proposed 1970 Harbor Area Baseball
Harbor Area Program Agreement for consideration by the Council. On
Baseball motion by Councilman St. Clair, seconded by Councilman
Agreement Wilson, and carried, the agreement was approved.
Upon motion by Councilman Wilson, seconded by Councilman
Set for Public Tucker, and carried, the following -rezone petition was
Hearing set for public hearing at 7:00 p.m. on January 20, 1970,
or as soon thereafter as practicable:
Rezone Petition R-19-69, Don Koll Company, Incorporated,
17755 Sky Park Circle, Irvine, for permission to rezone
-R-19-69 property described as Lot 11, Block E, Berry Tract, from
Don Koll.Company Ml to R4 -CP, at the southwest corner of Baker Street and
the Newport Freeway, Costa Mesa.
On motion by Councilman St. Clair, seconded by Councilman
Right of Way Deeds Wilson, the following Right of Way Deeds were accepted and
ordered placed on record by the following roll call vote:
AYES: Councilmen: Wilson, Pinkley, Tucker, St. Clair
NOES: Councilmen: None
ABSENT: Councilmen: Jordan
DATE NAME FOR
12-22-69 David J. and Catherine C. Howell Bristol and Baker
10-14-69 Robert G. and Dorothy E. Adams Placentia Avenue
12- 9-69 John W. and Lilliam M. Foote Victoria Street
12-16-69 Howard L. and.Eva M. Stellwagen Victoria Street
The Clerk presented application for.Zone Exception Permit
ZE-107-69-Amended ZE-107-69-Amended, Karen Anne Fenn, 1544 Placentia Avenue
Karen Fenn Newport Beach, for permission to operate an open boat -
storage lot and to allow the use of, an existing dwelling
unit for caretakers" quarters in addition to a trucking
terminal. Mrs. Fenn was present -and addressed the Council
and requested that if the permit were approved, Conditions
1 and 7 be adjusted to allow for a four -foot sidewalk instead
of an eight -foot and also that an eight -foot wood fence be
Held Over allowed instead of a concrete block wall,. Requested boat
storage and'trucking terminal is located at 20'9' 2099
Placentia Avenue, Costa Mesa. After discussion, on motion
by Councilman Tucker, seconded by Councilman Wilson, and
carried, the hearing -was held over to the meeting of
January 19,-1970, in order that the Council will be able
to inspect the premises before making the decision on the
application.
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The Director of Public Works presented a request from the
Mayer Construction
Mayer Construction Company for permission to construct a
Company
block wall over.the City storm drain easement at 525 Victoria
Street, Costa Mesa, to be placed along the westerly side of
the property known as A. P. No. 115-100-45 for a length of
.410 feet. The applicant is required to place a block wall
over the easement as one of the Conditions of Zone Exception
.Permit No. ZE-25-69. The storm drain easement belongs to
•the City of Costa Mesa. The Director of Public Works
stated that he could see no problem connected -with the
Encroachment
construction of the block wall, provided the City is not
Permit 43
liable for the construction, existence of the block wall
Mayer Construction
in the easement and any differential settlement. If it
became necessary for the City -to repair the storm drain,
the owner would have to bear the cost of the removal and
replacement of the block wall. He also stated that if
the above provisions are acceptable, he would recommend
the approval of the encroachment permit, as requested: On
motion by Councilman Wilson, seconded by Councilman St.
Clair, and carried, Encroachment Permit Number 43 was
approved.
The Clerk presented the proposed 1970 Harbor Area Baseball
Harbor Area Program Agreement for consideration by the Council. On
Baseball motion by Councilman St. Clair, seconded by Councilman
Agreement Wilson, and carried, the agreement was approved.
Upon motion by Councilman Wilson, seconded by Councilman
Set for Public Tucker, and carried, the following -rezone petition was
Hearing set for public hearing at 7:00 p.m. on January 20, 1970,
or as soon thereafter as practicable:
Rezone Petition R-19-69, Don Koll Company, Incorporated,
17755 Sky Park Circle, Irvine, for permission to rezone
-R-19-69 property described as Lot 11, Block E, Berry Tract, from
Don Koll.Company Ml to R4 -CP, at the southwest corner of Baker Street and
the Newport Freeway, Costa Mesa.
On motion by Councilman St. Clair, seconded by Councilman
Right of Way Deeds Wilson, the following Right of Way Deeds were accepted and
ordered placed on record by the following roll call vote:
AYES: Councilmen: Wilson, Pinkley, Tucker, St. Clair
NOES: Councilmen: None
ABSENT: Councilmen: Jordan
DATE NAME FOR
12-22-69 David J. and Catherine C. Howell Bristol and Baker
10-14-69 Robert G. and Dorothy E. Adams Placentia Avenue
12- 9-69 John W. and Lilliam M. Foote Victoria Street
12-16-69 Howard L. and.Eva M. Stellwagen Victoria Street
The Clerk presented application for.Zone Exception Permit
ZE-107-69-Amended ZE-107-69-Amended, Karen Anne Fenn, 1544 Placentia Avenue
Karen Fenn Newport Beach, for permission to operate an open boat -
storage lot and to allow the use of, an existing dwelling
unit for caretakers" quarters in addition to a trucking
terminal. Mrs. Fenn was present -and addressed the Council
and requested that if the permit were approved, Conditions
1 and 7 be adjusted to allow for a four -foot sidewalk instead
of an eight -foot and also that an eight -foot wood fence be
Held Over allowed instead of a concrete block wall,. Requested boat
storage and'trucking terminal is located at 20'9' 2099
Placentia Avenue, Costa Mesa. After discussion, on motion
by Councilman Tucker, seconded by Councilman Wilson, and
carried, the hearing -was held over to the meeting of
January 19,-1970, in order that the Council will be able
to inspect the premises before making the decision on the
application.
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ZE-113-69
The Clerk presented application for Zone Exception
Gulf Oil
Permit ZE-113-69, Gulf Oil Corporation, 1801 Avenue of
.Corporation
the Stars, Los Angeles, for permission to construct and
operate a service station in a Cl zone at the southwest
corner of Bristol Street and San Diego Freeway, Costa
Mesa, with a letter from the Tri-State Engineering
Company, 615 South Raymond Avenue, Fullerton, requesting
Withdrawn
that due to the development of unforeseen circumstances,
the application be withdrawn until the effect on the proposed
development can be analyzed. On motion by Councilman Wilson,
seconded by Councilman Tucker, and carried, the application
was withdrawn as requested.
ZE-114-69
The Clerk presented application for Zone Exception Permit
James Joseph
ZE-114-69, James Joseph, doing business as Interland
Interland
Development Corporations 122 Saratoga Avenue, Santa Clara,
Development
California, for permission to construct 1,160 residential
Corporation-
dwelling units on.40.acres of land zoned R2 -CP, R3 -CP,
R4 -CP and Cl -CP as per Precise Plan made apart of this
application; and permission to exceed the maximum permissible
building height allowing the construction of three story
structures adjacent to all waterways to meet the CP
standards, not to exceed three stories in the general area
south of Adams Avenue and southwesterly of Mesa Verde Drive
East, Costa Mesa. Mr. James Scoppettone made the presenta-
tion for Interland Development Corporation and Mr. Mark
Copenhaver, the architect, spoke and showed slides of other
units they had built. Mr. Norman French, 2865 Stromboli
Road, Costa Mesa, spoke in favor of the applicant and
stated that he represented the Mesa Verde Homeowners'
Association and that they had endorsed the project.
Mr. Anthony Guzzardo; the land developer, discussed the plan,
describing the project in detail and Mr.,V. G. Marth,
Approved
3197 Cape Verde Place, Costa Mesa, spoke at length against
the proposed project. After lengthy discussion, on motion
by Councilman Wilson, seconded by Councilman St. Clair, and
-carried, the application was approved subject to the list
of 34 conditions, with the exception of Condition 29-b,
where Adams Avenue and Mesa Verde Drive East shall be
decorated with masonry wall average six feet high above
top of curb, and Golf Course Drive and Harla Avenue front-
ages will be decorated with mounding and landscaping
instead of the masonry walls.
The Clerk presented application for Zone Exception Permit
ZE-115-69
ZE-115-69, Dunton Leasing Corporation and W. E. Langston,
Dunton Leasing
2318 Newport Boulevard; Costa Mesa, for permission for
reduction in parking from a required 38.to 23 spaces for the
construction of an Electrical Distribution -Business (8976
square feet of building), in a C2 zone, and the Planning
Commission recommendation for approval. On motion by
Councilman Wilson, seconded by Mayor Pinkley, and carried,
the application was approved, subject to the list of
recommendations of the Planning Commission,_copy of which
is.attached to the application and made a part thereof.
The Clerk presented application for Zone Exception Permit
ZE-116-69
ZE-116-69 from John Duboise (MD) and Charles Kennedy
Doctor John Duboise
Knickerbocker, 3024 Java Road, Costa Mesa, for permission
Charles Kennedy
to construct twenty units on 31,984 square feet of land
Knickerbocker-
area (one unit per -1,599.2 square feet of land area) in
a R2 zone, at 706 Victoria Street, Costa Mesa, with..the
recommendation of the Planning Commission for denial.. The
Clerk also read a letter of protest from a resident of the
area.. On motion by Councilman Wilson, seconded by Mayor
Pinkley, and carried, the application was denied.
The Clerk presented application for Zone Exception Permit
ZE-117-69, Owen S. Halling, 285 Santa Tomas Street, Costa
I `.
ZE-117-69'
Mesa, for permission to allow.an existing bachelor unit in
Owen S. Halling
addition .to a main residence in an Rl zone at the same -
address. Mrs. Halling was present and requested that
Condition 2, construct concrete sidewalks per Costa Mesa
standard drawings or as approved by the City Engineer, be
.deleted. On motion by Councilman Wilson, seconded by
Mayor Pinkley, and carried,, the application was approved
with Condition 2 deleted.
The Assistant City Manager presented a letter to the City
Williamson and
Engineer from Williamson and Schmid regarding the traffic
Schmid
study at Newport Boulevard -17th Street to 19th Street,
Authorized To Do
which stated that if the Council authorized this study, the
Downtown Traffic
total cost will not exceed $2,000.00, and the study shall
Study
be completed within 40 calendar days after authorization.to.
proceed. After lengthy discussion, on motion by Councilman
Tucker, seconded by Councilman St. Clair, and carried,.:the
firm of Williamson and Schmid was authorized to proceed
with the Traffic Study of the Downtown Area and the staff
was instructed to attempt to work out a reduction in fee
with Wilsey and Ham on the Redevelopment Program or the
Topics,Program in the amount of $2,000.00 during their
negotiations with them. The cost of the study by William-
son.and Schmid shall not exceed $2,000.00. Roll call
vote:
AYES: Councilmen: Wilson, Pinkley, Tucker, St. Clair
NOES: Councilmen: None
ABSENT: Councilmen: Jordan
Permits
The Mayor read a letter from Louis B. Mulvey, 396 21st
Street, Costa Mesa, requesting a:permit for a speaker's
platform at the public park facing the courthouse on 18th
Street at 9:00 a.m. on January 9, 1970. The Mayor requested
the City Attorney to speak with Mr. Mulvey regarding the
need for this platform at this specific time. After a
lengthy discussion during which time Mr. Barry Weinberg,
2372 Mesa Drive, Santa Ana, spoke as a representative of
the Orange County Committee to Defend Political Prisoners,
the City Attorney advised the applicants of their responsi-
bilities if a permit was granted; Captain Moody of the
Costa Mesa Police Department spoke and Mr. Anthony
Fernandez, 2372 Mesa Drive, Santa Ana, spoke on behalf of
the Orange County Committee to Defend Political Prisoners,
the Council questioned the applicants at length, on motion
by Councilman St. Clair,.seconded.by Mayor Pinkley, and
carried, the permit was granted subject to the following:
conditions: For Friday, January 9, 1970, only, at 9:00 a.m.,
only until the arraignment of the prisoner at the courthouse
and not later than 12:00 noon on the same day, at the
grandstand in the Costa Mesa City Park, noise not to be
audible in the Court Room where .the arraignment will be
taking place, a $25,000.00 bond or insurance policy shall
be posted no later than 5:00 P.M. on Thursday, January 8,
1970, the day before the rally, said permit being granted
under said conditions to Mr. Louis B. Mulvey and The
Orange County Committee to Defend Political Prisoners.
Suggestion
The Assistant City Manager presented a Suggestion Awards ;
Awards Program
Program which was put together by Barry Bergman, an
Administrative Interna This program has been presented
to the employee groups and.after discussion with them,
this revised program is recommended by the City Manager
for approval. On motion by Councilman Tucker, seconded by
Councilman St. Clair, and carried, the Suggestion Awards
Program was adopted, as requested by the City Manager.
The Assistant City Manager presented a request from the
'Bail Deposit Director of Finance for approval of a Bail Deposit Check -
Checking Account ing Account. On motion by Councilman Tucker, seconded by
Authorized Councilman Wilson, and carried, the Council authorized the
Bail Deposit Checking Account.
Councilman Tucker requested that the subject of billboards
Billboards be placed on the agenda of the January 12, 1970, meeting
for discussion. He stated that he will present a proposed
resolution on this matter at that time,
Councilman Wilson presented a resolution for adoption by
the Council regarding the welcoming of Women Peace Officers
Resolution 70-4 Association and commending them for their contribution to
Women Peace high police standards. On motion by Councilman Wilson,
Officers seconded by Councilman Tucker, Resolution 70-4, being A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, WELCOMING.THE WOMEN PEACE OFFICERS ASSOCIATION
OF CALIFORNIA AND COMMENDING THEM FOR THEIR CONTRIBUTION TO
HIGH POLICE STANDARDS, was adopted -,by the following roll
call vote:
AYES:- Councilmen: Wilson, Pinkley, Tucker, St. Clair
NOES: Councilmen: None
ABSENT: Councilmen: Jordan
Councilman Wilson requested that a resolution be drawn up
Resolution To Be notifying the County of Orange that residents of Costa
Drawn Up Regarding Mesa were not being called for Grand Jury. After discussion,
Grand Jury on motion by Councilman Wilson, seconded by Councilman Tucker,
and carried, the City Clerk wa's'instructed to draw up a
resolution to be presented for adoption.
Councilman Wilson requested that two sentences concerning
Ordinance On Crime Zones be deleted from the Crime Prevention Commission
Prevention . Ordinance. After discussion, on motion by Councilman Wilson,
Commission And seconded by Councilman Tucker, and carried, the matter was
Appointments To held over to the January 12, 1970, meeting and also the
Commission Council will ratify the Mayor's selection of Crime Prevention
Commission members at a Personnel Session from one of those
meetings.
The matter of the Orange County Harbor District was held
Orange County over from the meeting of January 5, 1970, and.Councilman
Harbor District Wilson made a motion, seconded by Mayor-Pinkley, that
Proposition Number 2 be accepted,by the Council. No action
was taken after a 2-2 tie vote was cast.
The meeting was adjourned at 11:58 p.m. to January 12, 1970,
Adjournment at the hour of 7:00 p.m. in the Council Chambers at the
City Hall.'
ayor, of the City of Cos a Mesa
ATTEST:
City Clerk of the City of Costa Mesa