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HomeMy WebLinkAbout02/02/1970 - City CouncilRoll Call Minutes January 19, 1970 REGULAR MEETING OF THE CITY COUNCIL CITY . OF COSTA MESA February 2, 1970 PART I The City Council of the City of Costa Mesa, California, met in regular session at.6:30 p.m., February 2, 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. - Councilmen Present: Pinkley, Wilson, Jordan, Tucker, St. Clair Councilmen Absent: None Officials Present: City Manager, City Attorney, Director of Public Works/City Engineer, City Clerk The Mayor asked if there were any corrections or additions to the minutes of the regular meeting of January 19, 1970, and there being none, the minutes were approved as distributed and posted. The Clerk presented for second reading and adoption, Ordinance 70-5 Ordinance, -70-5, being AN ORDINANCE OF THE CITY COUNCIL Held Over OF THE CITY OF COSTA. MESA, CALIFORNIA, REPEALING Close -Out Sales ORDINANCE NO. 69-7 OF SAID CITY COUNCIL, Close-out Sales. Upon motion by Councilman Wilson,. seconded by Councilman Tucker, and carried, Ordinance 70-5 was held over'to the meeting of February 16, 1970. Upon motion by Councilman St.:Clair,'seconded by Councilman Ordinance 70-9 Jordan, Ordinance 70-9, being AN ORDINANCE OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROVIDING Swap Meets FOR SWAP MEETS AND THE NECESSITY FOR A PERMIT FOR THE SAME; ESTABLISHING CONDITIONS TO BE IMPOSED UPON SAID PERMIT; ESTABLISHING THE FEE TO BE PAID FOR THE SAME AND PROVIDING FOR REVOCATION AND PENALTIES, received second reading by title only and was adopted by the following roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker St. Clair NOES: Councilmen: None ABSENT: Councilmen: None The Clerk presented from the meeting of January 5, 1970, California Council communication from the California Council on Intergovern- on mental Relations requesting response regarding regional Intergovernmental boundaries. After a report by Councilman Wilson, the Relations communication was received and filed on motion•by Council- man Wilson, seconded by Councilman Jordan, and carried, Councilman St. Clair abstaining. The Clerk presented the history of Costa Mesa written by Goat Hill Ed Miller. Mr. Miller was present. The Mayor recommended History of that the book be held over to the adjourned meeting of Costa Mesa February 9, 1970, and that as much information as possible be distributed to the Council and City Manager. Upon motion by Councilman Tucker, seconded by Councilman Wilson, and carried, the book was held over to the adjourned meeting of February 9, 1970. 1 1 i Complaint The Clerk read a letter from John Boppart, 1699 Samar Drive, Tempo Newspaper Costa Mesa, suggesting.that the Council enact an ordinance restricting the distribution of."throwaway" literature, and . registering a complaint against the free delivery of Tempo newspaper, the Newport Harbor Ensign, and the Santa Ana Register. On motion by Councilman Jordan, seconded by Council- man Wilson, and carried, the Clerk was directed to mail a copy of Mr. Boppart's letter to Tempo newspaper together with a letter urging Tempo to comply with the property owner's wish. Complaint The Clerk presented a letter from John Graham McDonald, Garbage Cans 136 Magnolia Street, Costa Mesa, requesting an ordinance that would prevent certain property owners from keeping their garbage cans stacked all.week long on the sidewalks, paved or.otherwise, in front of their properties and disal- lowing the "grandfather clause." Mr. McDonald was present. On motion,by Councilman Pinkley; seconded by Councilman Wilson, and carried, the letter was turned over to the City Attorney for consideration and.report at the meeting of February 9, 1970. The Clerk presented a letter from the City of Newport Beach and resolution consenting to.the detachment of Whittier Heights Annexation.. The City Attorney said that one hundred percent of the landowners have:given consent, and the Local Agency Formation Commission has approved it. Whittier Heights Annexa- tion is located at the southwest corner of 19th Street and Whittier Avenue. On motion by Councilman Wilson, seconded by Resolution 70-7 Councilman Tucker, Resolution 70-7, being A RESOLUTION•OF THE Whittier Heights CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING Annexation AND ORDERING CERTAIN TERRITORY ANNEXED TO THE CITY OF COSTA MESA, CALIFORNIA, WITHOUT HEARING OR ELECTION, was adopted by the following roll call vote: AYES:. Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None Written. ABSENT:.. Councilmen: None The Clerk presented the following -written communications: copy Communications of.application to the.Department of Alcoholic Beverage Control for transfer of an on -sale beer license from Alfred J. and Dorothy Gardner to Eugenia E. and John C. Cheves at Kings Inn, 720 Randolph; excerpt of the minutes of the Board of Super- visors of Orange County of January 27, 1970, saying that the proposed,assignment of lease.from Air California to Pacific Southwest Airlines was ordered referred to,the Airport Commis- sion and the Director of Aviation to consider the restrictions requested by the cities of Newport Beach, Costa Mesa and Tustin; notice of hearing before the.Public Utilities Commission of Applications 51567 and 51568 -of the Southern Counties Gas Company of California, for authority to increase gas rates to offset higher costs because of an increase in the rates of the suppliers of out-of-state gas to the Pacific Lighting Utility System, and to continue the advice letter procedure for track- ing increases in purchased gas based on Federal Power Commis- sion, and for a general increase in its gas rates; order . instituting investigation before the Public Utilities Commis- sion into requirements for a general order on siting of new electric generating plants and certain electric transmission facilities of all electric public utilities in the State; letter from Southern California Gas and Southern Counties Gas Companies regarding application before the Public Utilities Commission of the State of California in the matter of joint application for merger; a Distinguished Service Award Certifi- cate to the employees and management of the City of Costa Mesa in appreciation for generous support of the 1969-1970 campaign from the United Fund of Costa Mesa;.from the Local Agency Formation Commission of the County of Orange,"notice that public hearing will be held on February 11, 1970, at 2:00 p.m. for proposed annexation to the City of Huntington Beach, designated Newland Annexation No. 4; an informational booklet on the Property Tax Reform Initiative from Californians for Responsible Property Tax Reform, 870 Market Street, San Francisco; minutes of the Transportation Association of 126 Written Southern California of the Executive Board Meeting of Communications January 22, 1970. On motion by Councilman Jordan, seconded (Continued) by Councilman Wilson, and carried, the communications were received and filed. Permits The Clerk presented the application for business license from California Sportsmen Association, for exhibition of antique and sporting arms show at the Orange County Fair- grounds on March 21 and 22, 1970, from show chairman David Bryant, 577 North Hart Street, Orange. Upon motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, the application was approved. The Clerk presented notice of Intention to Solicit for Charitable Purpose from the City of Hope, A National Medical Center, 208 West 8th Street, Los Angeles, for door-to-door volunteer solicitation on June 7 to 14, 1970. On motion by Councilman Tucker, seconded by Councilman St. Clair, and carried, the applicationwas approved with Section 691+ J of the Municipal Code being waived. Refund The Clerk read a recommendation from the Street and Park - Fore way Director to approve the request from Ralph C. Fore, 1332 Maple Street, Santa Ana, for refund of $11.91 on weed assessment for 1969, Code Area 15-002, Parcel 141-182-02, 2903 College Avenue. Upon motion by Councilman Wilson, seconded by Councilman Tucker, the refund was granted by the following roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan; Tucker, St. Clair NOES: Councilmen: -None ABSENT: Councilmen: None Departmental Upon motion by Councilman Jordan, seconded by Councilman Reports Wilson, and carried, the following departmental reports were received and filed: Street; Fire; Clerk, for the number of claims for damages received since the last Council meeting; Finance, for the number of non-profit permits issued during January; Traffic; Police, for the month of December. Report on Status Upon motion by Councilman Tucker, seconded by Councilman of Receivables and Wilson, and carried, the report from the Finance Department Unpaid Invoices on Status of Receivables and Unpaid Invoices was held over to the adjourned meeting of February 9, 1970. Warrant On motion by Councilman St. Clair, seconded by Councilman Resolution 607 Tucker, Warrant Resolution 607 including Payroll No. 7002 was approved by the following roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None' Warrant Upon motion by Councilman St. Clair, seconded by Councilman Resolution 608 Tucker, Warrant Resolution 608 was approved by the following roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Proposed Contract The City Attorney said thathe had presented the Council Wilsey and Ham with a proposed contract between the City and Wilsey and Downtown Costa Mesa Ham for redevelopment of dotmtown-Costa Mesa. On motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, the contract was held over to the adjourned meeting of February 9, 1970.- 1 [1 i 11� 1 Golf Course, The City Attorney presented the golf course contract with Operation Earl Atkinson for operational services. Mr. Atkinson was Atkinson Contract present. Upon motion by Councilman Jordan, seconded by Councilman St. Clair, the contract was approved and the Mayor authorized to sign on behalf of the City by the followingroll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Kentucky Colonel The Director of Public Works recommended release of $400.00 Cash Deposit cash deposit which was deposited to guarantee construction Refund and tree removal at 2900 Harbor Boulevard, Kentucky Colonel Fried Chicken. Upon motion by Councilman Jordan, seconded by Councilman Pinkley, the Council authorized the return of $400.00 to Kentucky Colonel Fried Chicken, 6170 Sepulveda Boulevard, Culver City, California, attention of Mr. Bob McElroy, by the following roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None ,The Director of Public Works.presented the Traffic Commis- The City Attorney presented request from Eileen B.'Richardson and Richard Sewell, 434 EEast 17th Street, Costa Mesa, to annex certain property located on the east side of Garden Lane, north of Woodland Place, known as Sewell No. 1 Annexa- tion. Upon motion by Councilman Wilson, seconded by Council - Resolution 70-9 man Jordan, Resolution 70-9, being A RESOLUTION OF THE CITY Sewell No. 1 COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MAKING Annexation APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION OF Making Application ORANGE COUNTY, CALIFORNIA, FOR THE ANNEXATION OF TERRITORY Arlington TO THE CITY, was adopted by the following roll call vote: AYES: Counciln.en: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Kentucky Colonel The Director of Public Works recommended release of $400.00 Cash Deposit cash deposit which was deposited to guarantee construction Refund and tree removal at 2900 Harbor Boulevard, Kentucky Colonel Fried Chicken. Upon motion by Councilman Jordan, seconded by Councilman Pinkley, the Council authorized the return of $400.00 to Kentucky Colonel Fried Chicken, 6170 Sepulveda Boulevard, Culver City, California, attention of Mr. Bob McElroy, by the following roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None ,The Director of Public Works.presented the Traffic Commis- 7 sion recommendations: Establish a 50 mile -per -hour speed limit on Fairview -Road from City limits to 300 feet north of McCormack Lane; and establish a 35 mile -per -hour speed limit on Arlington Drive from Fairview Road to Newport Boulevard. Upon motion by Councilman Wilson, seconded by Ordinance 70-8 Councilman Jordan, Ordinance 70-8, being AN ORDINANCE OF First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING Speed Limits on SECTION 3+16,1 OF THE MUNICIPAL CODE -OF THE CITY OF COSTA Fairview and MESA TO ESTABLISH SPEED LIMITS ON FAIRVIEW ROAD FROM 300 Arlington FEET NORTH OF MCCORMACK LANE TO 'THE CITY LIMITS, AND ON ARLINGTON DRIVE FROM NEWPORT BOULEVARD TO FAIRVIEW ROAD, was given first reading by title only.and passed to second reading by the following roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None The Director of Public Works presented the Traffic Commis- sion recomendation: Establish "No Parking at Any Time" on Fairview Road, both sides, from Wilson Street to Newport Boulevard. Upon motion by Councilman Jordan, seconded by Resolution 70-10 Councilman Wilson, Resolution 70-10, being A RESOLUTION OF No Parking on THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Fairview Road PROHIBITING PARKING AT ALL TIMES ON BOTH SIDES OF-FAIRVIEW ROAD BETWEEN WILSON STREET AND NEWPORT BOULEVARD, was adopted.by the following roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None 7 Change Order The Director of Public Works presented Change Order No. 1 No. 1 for the Improvement of Wilson Street from 500 Feet West of Wilson Street Harbor Boulevard to College Avenue, an increase of $558•x+7• Upon motion by Councilman St: Clair, seconded by Councilman. Jordan, Change Order No. 1 was approved by the following roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Notice of The Director of Public Works presented a recommendation of Crosswalk on the Traffic Commission: Establish.mid-block crosswalk on Arlington at Arlington Drive at Vanguard Way. Upon motion by Councilman Vanguard Way Wilson, seconded by Councilman Tucker, and carried, permis- sion was granted as recommended.by the Traffic Commission. Notice of The Director of Public Works recommended that notice of Completion completion be filed for TeWinkle Park, Picnic Area No. 2, TeWinkle Park, Valley Crest Landscape, Incorporated, being the contractor. Picnic Area No. 2 On motion by Councilman Tucker, seconded by Councilman Wilson, the Council accepted the improvements, authorized that bonds be released according to City procedure, and directed that the Clerk file Notice of Completion with the County Recorder by the following roll call vote:" Notice of AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, Completion St. Clair Traffic Signals on NOES: Councilmen: None Bristol Street at ABSENT: Councilmen: None Change Order The Director of Public Works presented Change Order No. 1 No. 1 for the Improvement of Wilson Street from 500 Feet West of Wilson Street Harbor Boulevard to College Avenue, an increase of $558•x+7• Upon motion by Councilman St: Clair, seconded by Councilman. Jordan, Change Order No. 1 was approved by the following roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Notice of The Director of Public Works recommended that notice of Completion completion be filed and that bonds be released according Wilson Street to City procedure for Arterial Highway Financing Plan Project 455," Wilson Street from. 500 feet Crest of Harbor Boulevard to College Avenue, R. J. Noble Company being the contractor. Upon motion by Councilman Wilson, seconded by Councilman Jordan, the improvements were accepted and the -recommendation of the Director of Public Works was approved by the following roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Notice of The Director of Public Works recommended that notice of Completion completion be filed, that bonds be released -according to Traffic Signals on City procedure, and that the contractor be paid according Bristol Street at to the contract for Installation of Traffic Signals and Sears Street Lighting on Bristol Street at"Sears Roebuck Entrance 600 Feet South of Sunflower Avenue, Steiny and Mitchel, Incorporated, being the contractor. Upon motion by Council- man Jordan, seconded by Councilman St. Clair, the improve- ments were accepted and the recommendation of the Director of Public Works was approved by the following roll -call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Consent Agreement The Director of Public Works presented a Consent Agreement State of California to the State of California Division of Highways for the Arlington and purpose of constructing the roadway in connecting Arlington Newport Drive to the new"southbound.frontage road.: Upon motion by Councilman Tucker, seconded -by Councilman St. Clair, the agreement was approved and the Mayor and City Clerk authorized 1 1 1 1 1 Consent Agreement to sign on behalf of the City by.the following roll call vote: (Continued) AYES:-. Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: _Councilmen: None ABSENT: Councilmen:. None .. Agreement The Director of Public Works presented a cooperative agree - California Division ment with the California Division of Highways for land - of Highways scaping the San Diego Freeway at Harbor Boulevard., Upon Landscaping motion by Councilman Tucker, seconded by Councilman Wilson, San Diego Freeway the agreement was approved and the Mayor and City Clerk to sign on behalf of the City by the following roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Resolution.70-11 The-Director_of Public Works -said that five parcels of land Placentia on Placentia Avenue were needed for street purposes. Upon Condemnation motion by Councilman St. Clair, seconded by Councilman Jordan; Resolution 70-11, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING, DETERMINING AND DECLARING THAT THE.PUBLIC INTERESTS AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN STREET EASE- MENTS AND RIGHTS OF WAY FOR PUBLIC -STREET PURPOSES, AND AUTHORIZING ACQUISITION OF SAID,EASEMENTS AND RIGHTS OF WAY BY CONDEMNATION,.AND DIRECTING THE -CITY ATTORNEY TO PROCEED .WITH SUCH ACTION, was adopted by the following roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None. Resolution 70-12 .The Director of Public Works said nine parcels of land on Victoria Victoria Street were needed for street purposes: Upon Condemnation motion by Councilman Jordan, seconded by Councilman St. Clair, Resolution 70-12, being A RESOLUTION OF THE CITY ,COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING, DETERMINING AND DECLARING THAT THE PUBLIC INTERESTS AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN STREET EASEMENTS AND RIGHTS OF. WAY FOR PUBLIC STREET PURPOSES,'AND AUTHORIZING ACQUISITION OF SAID EASEMENTS AND RIGHTS OF WAY BY,CONDEMNATION, AND DIRECTING THE CITY ATTORNEY TO PROCEED WITH SUCH ACTION, was adopted_by the following roll call vote: AYES.: 'Councilmen: Pinkley, Wilson, Jordan', Tucker, St. Clair NOES: Councilmen: None ABSENT:. Councilmen: None The Director of Public Works said for the condemnation purposes.it was necessary.to file a warrant in the amount of the appraisals of the five parcels of land on Placentia Condemnation Avenue and the nine parcels of land on Victoria Street. Warrant The Director of Public Works also said this was budgeted in the Gas Tax Projects. Qpon motion by Councilman St. Clair, seconded by Councilman Tucker, a warrant in the amount of $82,115.00 was authorized as requested by the Director of Public Works by the .following roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, ,St. Clair NOES: Councilmen: None ABSENT: -Councilmen: None Sanitation- The Director of Public Works announced to the Council that District 7 there would be a six milliori.dollar general obligation bond Bond Election election for County Sanitation District 7 on March 24, 1970. .�W . Live Entertainment Presented was the application for a Live Entertainment Perez, Permit for Cornelius Perez, Jr., 2079 President Place, Mr. Fat Fingers Costa Mesa, for owner of Mr..Fat Fingers, 780 West 19th Street. Chief Neth of the Police Department recommended approval and reminded the Council that the previous owner of the business had a parking requirement imposed by the Council. The Director of Planning recommended that Mr: Perez obtain additional parking space. Upon motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the application,was approved subject to the recommendation of the Planning Director -that the applicant obtain more parking. On motion by Councilman Tucker, seconded by Councilman Massage Permit St. Clair, and carried, a Massage Permit was granted to Burno, Lady Barbara B. Burno, 1205 Florida Street, Apartment A, Beautiful Huntington Beach, for physical therapist assistant at Lady Beautiful, 2626 Newport Boulevard, as recommended by the Chief of Police. Recess The Mayor declared a recess at 7:25 p.m,. PART II The City Council of the City of Costa Mesa, California continued its regular session at 7:35 p.m., February 2, 1970, at the City Hall, 77 Fair�Drive, Costa Mesa. The meeting was called to order by the Mayor followed by the Pledge of Allegiance to the,Flag and invocation by the Reverend Father Anthony McGowan of St. John the Baptist Catholic Church. 1 1 1 Councilmen Present: Pinkley, Wilson, Jordan, Tucker, Roll Call St. Clair Councilmen Absent: None Officials Present: City Manager, City Attorney, Director of Public Works/City Engineer, City Clerk Anita Knapp The Mayor introduced Anita Knapp from Estancia High School American Field who will be going to Santiago, Argentina, as a student of Service American Field Service. Downtown The Mayor said a Downtown Redevelopment Committee would be Redevelopment formed for the following purposes: 1. To keep Council Committee informed of study progress; 2. To offer whatever help it. can to the consulting firm of Wilsey and Ham; 3. To' disseminate to the property owners and tenants of the study, area the progress, questions and ideas of the consultant. It should,be understood by the committee that the consult- ing firm of Wilsey and Ham is responsible to the Council of the City of Costa Mesa and not to the committee. This committee is a liason committee between the firm.and the Director of City. The.Mayor appointed the Director of Planning William'. Planning Dunn as Secretary of the committee, not a voting member of the committee, but as the man to go between Wilsey and Ham and the committee. Members Upon motion by Mayor Pinkley,-seconded by Councilman Tucker, Appointed the following were appointed to the Downtown Redevelopment Committee by the following roll call vote: AYES: Councilmen: Pinkley, Wilson,.Jordan, Tucker, St .: Clair NOES: Councilmen: None ABSENT: Councilmen: None 1. William L. St. Clair, Temporary Chairman 2. Willard T. Jordan 3. H. J. Wood 4. Claire Nelson 5. J. C. Humphries 6. Tom Nelson 7. Harold Cooper 1 1 1 Public Hearing The Mayor announced that this was the time and the place To Abate a Public set for public hearing to abate a public nuisance -and for Nuisance, Price the owner of the property to show cause why the condition of the property at 399 East 18th Street owned by James H. Price, 1716,Orange Avenue, Costa Mesa, should not be , declared a public nuisance. The Mayor asked if Mr. Price or a representative were present, and no one answered. Mr. Dean Dorris said a letter had been sent by Registered Mail to Mr. Price. He also said that he had talked to Mr. Price's mother, Fannie Price, who said she had for- warded the mail to her son who is in'Vietnam. The City Attorney recommended that the item be removed from the agenda until Mr. Price returns from Vietnam because any action of the Council would be void as servicemen are protected by law while serving their Country. Councilman Wilson made a motion to ask for the cooperation of Mr. Price's mother to get her permission to allow some civic groups, such as the Boy Scouts, to clean up the debris and to make the property as safe as possible. Councilman St. Clair seconded the motion. After discus- sion, the motion and second were withdrawn. On motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, the public hearing was closed, and the item was removed from the agenda. Public Hearing The Mayor announced that this was the time and the place 13-19-6g.. set for the public hearing for Rezone Petition R-19-69, Don Koll Company Don Koll Company, 17755 Sky Park Circle, Irvine, for per- mission to rezone property located on the southwest corner of Baker Street and the Newport Freeway from Ml to R4 -CP. Planning Commission recommends approval. The Mayor asked if anyone wished to speak. John Barbee, representing Colwell Banker Company, 550 Newport Center Drive, Newport Beach, said that Colwell Banker Company is the development consultant and project manager for the Don Koll Company in the -development of the property. After discussion andno one else desiring to speak, the public hearing was closed, Ordinance 70-12 and Ordinance 70-12, being AN ORDINANCE OF THE CITY COUNCIL First Reading OF THE CITY OF COSTA. MESA CHANGING THE ZONING OF.LOT 11, BLOCK.E, BERRY TRACT, FROM Ml TO R4 -CP, was given first reading by title only on motion by Councilman Jordan, seconded by Councilman Wilson, and carried by the following roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None "The -Happening" Lieutenant Austin Smith of the Costa Mesa Police Department said that an expense account was needed for an event called "The Happening" to be held by the Police Department with the help of other civic groups on February 28, 1970, at the Orange County Fairgrounds for the purpose of informing the public of the dangers of drugs.. The City Manager said that a $1,000.00 fund was needed that will be completely accountable to the Finance Director and will be disbursed through Lieutenant Smith and then by the Finance Director for the purpose of paying cash to performers directly after their act. On motion by Councilman Wilson, seconded by Councilman Tucker, the Council granted both requests and Warrants authorized the expense account in the amount of -$5,175.00 Authorized' as requested by Lieutenant Smith, and also authorized the $1,000.00 fund as requested by the City Manager by the following roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None 13 Street Name Change The Clerk read the recommendation of the Planning CoMission Westminster to that Westminster Place (Wilson Street to 24th Place) -be Carlton Place changed to Carlton_ Place; and Westminster Place (24th Place to Hill Place) be changed.to 24th Place and Hill -Place subject to the following specifications: 1. The name Westminster to change would not be'effective until one year after Council 24th Place and action to allow adequate transitional period; 2. The Hill Place present street address numbers would be retained for each effected resident; 3. The City will notify, in writing, all utility and governmental agencies. Upon motion by, Councilman Wilson, seconded by Councilman Jordan, Resolution 70-13 Resolution 70-13, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA., CHANGING THE NAME OF WESTMINSTER PLACE (FROM WILSON STREET TO 24TH PLACE) TO CARLTON PLACE; AND THAT PORTION OF WESTMINSTER PLACE COMPRISING THE PROLONGATIONS OF 24TH PLACE AND HILL PLACE TO 24TH PLACE AND HILL PLACE RESPECTIVELY, was adopted by the. following roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St: Clair NOES: Councilmen: None ABSENT: Councilmen: None Resolution 70-14 On motion by Councilman Jordan, seconded by Councilman Weed Abatement Tucker, Resolution'70-14, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING AND DECLARING THAT WEEDS WHICH.BEAR SEEDS OF DOWNY.OR WINGY NATURE AND WEEDS WHICH ATTAIN SUCH LARGE GROWTH AS TO BECOME .A FIRE NUISANCE tiHEN.DRY, AND WEEDS WHICH ARE OTHERWISE NOXIOUS OR DANGEROUS ARE GROWING UPON CERTAIN STREETS, SIDEWALKS, PARKWAYS, AND PRIVATE PROPERTY IN THE CITY OF.COSTA MESA AND THAT THE SAME ARE A PUBLIC NUISANCE; DIRECTING THE STREET.SUPERINTENDENT TO POST NOTICES TO DESTROY SAID WEEDS, AS REQUIRED BY LAW, FIXING THE TIME FOR HEARING ALL OBJECTIONS OR PROTESTS AND -DIRECTING THE ABATEMENT THEREOF IN ACCORDANCE,WITH ARTICLE 3 O CHAPTER V OF THE.MUNICIPAL CODE OF THE . CITY OF COSTA MESA, was adopted by the.following.roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None .ABSENT: Councilmen: None (Sets public hearing for March 2, 1970.) Resolution 70-15 Upon motion by Councilman Wilson, seconded by Councilman Services of Board Tucker, Resolution 70-1.5, being A RESOLUTION OF THE CITY of Supervisors for COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING Municipal Election THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO PERMIT THE COUNTY CLERK OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF COSTA MESA, RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON APRIL 14, 1970, was adopted by the following,roll call vote:, AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker,; St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Resolution 70-16 Upon motion by Councilman Wilson, seconded by Councilman Calling Municipal Tucker, Resolution 70-16, being A RESOLUTION OF THE CITY Election COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CALLING, AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 14TH DAY OF APRIL, 1970, FOR -THE ELECTION,OF CERTAIN OFFICERS. OF SAID _CITY AS REQUIRED.BY THE PROVISIONS OF -THE LAWS OF THE STATE.OF CALIFORNIA.RELATING TO GENERAL LAW CITIES, 1 1 Resolution 70-16 was adopted by the following roll call vote: (Continued) AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Set For Public Upon motion by Councilman Jordan, seconded by Councilman Hearing Tucker, the following rezone.petition was set for public hearing on February 16, 1970, at 7•:30 p.m., or as soon thereafter as practicable: R-18-69 Rezone Petition R-18"-69, Alfred A. Edelsohn, 15117 Ventura Edelsohn Boulevard, Sherman Oaks, for permission to rezone property described as Lots 19, 20, 21 and 22, Tract 5+75, and Lots 26 - and 27, Tract 6260, from Rl to R2 -CP, located in the general area between Corsica Park and the Harbor Rest Cemetary and between Coral Avenue and Gibralter Avenue. Right of Way. Upon motion by Councilman St. Clair, seconded by Councilman Deeds Tucker;.the following right of way deeds were accepted and ordered placed on record by the following roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None DATE NAME FOR STREET '10= 6769 James D. and Rae E. Lincoln Placentia Avenue 10-24-69 Naomi Engler,, Placentia Avenue 12-12-69 Nadyne R. Parker Victoria Street. 1-19-70 James D. and Hazel M. Ray Baker Street 1-19-70 Francis A. and Betty Jane Tyler Victoria Street 1-26-70' Frank C. Wright, Jr. Placentia Avenue 1-27-70 Joe K. and Carol J. Miller Victoria Street ZE-7-70 The Clerk presented application for Zone Exception Doctor Shatavasky Permit ZE-7-70,.Doctor Melvin Shatavasky and/or Harbor and/or Harbor West West Medical Center, T40 Baker Street, Costa Mesa, for Medical Center permission to continue to use.C1 property for residential purposes in conjunction with the operation of a medical clinic at that address. Planning Commission recommended approval subject to the following Special Requirements: 1. That the planting areas be'maintained; 2. Dedication to the City of Costa Mesa of all land 50 feet from the center line of Baker Street per Master Plan of Highways; 3. Pay cost -of installation -and advance energy for street lights; (The owner has not complied with the original conditions in these instances.) 4. That Conditions 2 and 3 be complied with prior to Council action, no later than 30 days after this date. Planning Department confirms that the applicant has complied with their request. The Clerk .said that he had received no written communications. The applicant was not present. Upon -motion by Councilman Tucker, seconded by Councilman Jordan, and carried, the application was approved subject to the recommendation of the Planning Commission. ZE-108-69 The Clerk presented application for Zone Exception A -M Food Services Permit ZE-108-69, A -M Food Services, Incorporated, in Elliott care of John Elliott, 9886.Garden Grove Boulevard, Garden Grove, for permission to construct and operate a Farrell's Ice Cream Parlour restaurant in a:Cl-CP zone at 1673 Irvine Avenue, Planning Commission recommended denial. The Clerk read a petition, signed by 91 residents, against the proposed development. He reported that he had received letters in .opposition from Marshall J. Styli, 473 Ogle Street, Costa Mesa, and Mr. and Mrs. Don Cooke, -464 Ogle Street, Costa Mesa. The Clerk said a telephone message had been received from Mrs. Ida Hanson, who was unable to be present, speaking for her father, Cecil H. McVay, owner of Hi -Time Liquor property at 495 East 17th Street, who was ill and unable to be present at the Council meeting, and saying that her ZE-108-69 father wished to goon record in opposition of the applica- Valle A-M Food Services tion. John Elliott, 9896 Garden Grove Boulevard, Garden Arbolada Way, Santa Ana, for permission to,install and Elliott Grove, spoke in support of his application. Charles (Continued) Franklin, co-partner of Mr..Elliott, 833 Dover Drive, approval subject to the following special requirement: Newport Beach; Max Hurwitz, owner of the,property, 1133 East with a skirting, subject to the approval of the Planning Balboa Boulevard, Balboa; and Jack Ferrar, president of and Building•Departments. The Mayor asked if anyone wished A -M Food Services, spoke in favor of the application., man Wilson, seconded by Councilman Jordan, and carried, the Bruce Nott, owner of property.at 468 Ogle Street,,'spole application was approved subject to.the recommendation of from the floor. The following spoke from, the floor in ZE-10-70 The Clerk presented application for Zone Exception opposition to granting the application: Bill Bastedo, 1227 Sussex Lane, Newport Beach; Lynn Geronimi, 483 Ogle Permit ZE-10-70, The Child Guidance Center of Orange Center Street, Costa Mesa; Ron Craig, x+97 East 16th Place, Costa to have two trailers for a period of three years for Mesa; Mr. Lindemann, 474 Ogle Street, Costa Mesa; Bob additional office�'space in conjunction with the Child McLaughlin, 470 Cambridge Circle, Costa Mesa; David sional District. The Planning Commission' recommended Vaughn, 1665 Irvine Avenue, Costa Mesa; Ted Pearse, approval subject to the following Special. Requirements: 466 Cambridge Circle, Costa Mesa; Arthur Hansen, 493 Ogle .City departments,.copy attached to the application and Street, Costa Mesa; and Don Samis, 462 Cambridge Circle, made a part thereof. The ,Mayor ,asked if anyone wished to Costa Mesa. Ted C. Bologh, 286 Del Mar, Costa Mesa, spoke Jordan, seconded by Councilman St. Clair, and carried, from the floor. After lengthy discussion,,Councilman the application was approved subject to the recommendation St. Clair made a motion for denial; seconded by Councilman Pinkley. After more discussion, the motion and second were withdrawn. Recess The Mayor declared a recess at 10:35 p.m., and the meeting reconvened at 10:45, p.m. Ted C. Bologh Ted C. Bologh, 286 Del Mar, Costa Mesa, announced that he Candidate for was to be a candidate for City Councilman in the April 14., Councilman 1970,.General Municipal,Election and handed his Official Nomination Paper to the City Clerk for filing. Continued, During the recess Bob McLaughlin was chosen by the group ZE-108-69 of people opposing the application, and he spoke at A -M Food Services length on the subject. Upon motion by Councilman St. Clair,: Elliott seconded by Councilman Wilson, and carried, Councilman Jordan abstaining, the application was held.over for two weeks and the Council requested of the developer a report on the type offence that would best deaden sound. ZE-9-70- The Clerk presented application for Zone Exception ZE-9-70, Valle Jaqueline F. Valle, doing business as Valle's, 17632 Arbolada Way, Santa Ana, for permission to,install and operate a coin-operated ice vending machine in a Cl -CP zone at'841 Baker Street: The Planning Commission recommended approval subject to the following special requirement: 1. Metal structure to be placed on blocks and enclosed with a skirting, subject to the approval of the Planning and Building•Departments. The Mayor asked if anyone wished to speak,. 'No one desiring to speak, on motion by Council- man Wilson, seconded by Councilman Jordan, and carried, the application was approved subject to.the recommendation of the Planning Commission. ZE-10-70 The Clerk presented application for Zone Exception Child Guidance Permit ZE-10-70, The Child Guidance Center of Orange Center County, 171 East 18th Street, Costa Mesa, for permission to have two trailers for a period of three years for additional office�'space in conjunction with the Child Guidance Center in an AP zone, Administrative and Profes-- sional District. The Planning Commission' recommended approval subject to the following Special. Requirements: Shall meet all the special requirements from the various .City departments,.copy attached to the application and made a part thereof. The ,Mayor ,asked if anyone wished to speak. No one wishing to speak, on motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, the application was approved subject to the recommendation of the Planning Commission.- C -85-68-A Presented was application for Conditional Use Van Heemskerck Permit C-85-68-Amended,.William Van Heemskerck, 2087 Wallace Avenue,.Costa Mesa, for permission to continue to conduct a limited automotive repair service Traffic Volume and in an R2 zone at that address, together with the Data System recommendation of the Planning Commission for approval subject to the -following condition: 1. Shall meet all Costa Mesa Sanitary the requirements of the Certified Recommendations of the District Annexation various departments of the City of Costa Mesa, copy Corsica -Park attached to the application and made a part thereof. The applicant was present. The Mayor asked if anyone wished to speak. No one wishing to speak, on motion by Council- man St. Clair, seconded by Councilman Jordan, and carried, the application was approved subject to the recommendation of the Planning Commission.' Specific Plan, The Clerk presented Specific Plan for Streets A, B and C Streets A, B and C and Realignment of Sunflower Avenue, south of MacArthur and Realignment of (Talbert) Avenue, between Harbor Boulevard and the Santa Sunflower Ana River, and said that he had'received a request from the Planning Department that it be referred back to the State of Planning -Commission. Upon motion by Councilman Jordan, - California seconded by Councilman St. Clair, and carried,.the Population Estimate application was --returned to the Planning Commission. The.City Manager reported for the Council's information that Court Site he had received a letterifrom Stanley Krause of County of Orange Department of Real Property Services regarding the court site. The`City Manager said that a copy of Traffic Volume and Traffic Volume and Data System had been distributed to the Council and would Data System be on -the agenda of the adjourned meeting of February 9, 1970. Costa Mesa Sanitary The City Manager said that he,had received a request from District Annexation the Costa Mesa Sanitary District for the City to approve Corsica -Park Annexation'No. 130 to the Costa Mesa Sanitary District, known as Corsica Park,. 7.9 acres, in the general area lying west of Harbor Boulevard and west of Mace Avenue. Upon motion by Councilman Jordan; seconded by Councilman Pinkley, the Council requested that the Costa Mesa Sanitary District annex Corsica Park to the Sanitary District by the following roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair . NOES: Councilmen: None ABSENT: Councilmen: None State of The City Manager requested that an agreement with the State California of California for a population estimate be approved, cost Population Estimate to be approximately $450.00. Upon motion by Councilman Wilson, seconded by Councilman St. Clair, the population estimate agreement was approved by the following roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Maintenance of As requested by the City Manager, upon motion by Councilman Helicopters Wilson, seconded by Councilman Jordan, repairs and mainten- ance of two helicopters to be done on an,as-needed basis, total cost not to exceed $3+,200.00, was authorized by the following roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None I 3 rG Purchase Authorized As requested by the City Manager, upon motion by Council - Radios man Wilson, seconded by Councilman Jordan, the purchase of two -radios at a cost of $929.13 each for 'the helicopters was authorized by the following roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Purchase Authorized As requested by the City Manager,. upon motion by Council - Audio Systems man Wilson, seconded by Councilman Pinkley, the Council authorized the purchase of two audio systems for the .helicopters at a cost of $1,567.00 each by the following roll call vote: AYES:. Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Purchase of Page Upon motion by Councilman Wilson, seconded by Councilman Yellow Book Tucker, the Council authorized the purchase of a page in Chamber of Commerce the Yellow Book Classified Directory put out by the Chamber of Commerce in the amount of $650.00 by the following roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Costa Mesa The City Manager read a letter from the Costa Mesa Business- -Businessmen's men's Association requesting the City to help to obtain Association an encroachment permit on Newport Boulevard.from the State Division of Highways for the purpose of installing twelve Encroachment poles to hang decorations during the Christmas holidays. Permit Requested Upon motion by Councilman St. Clair, seconded by Council- man Wilson, and carried, the request was approved. , Oral Communications The Mayor asked if anyone wished to speak on any item.that Dave Yarnal was not on the'agenda. Dave Yarnal said he wished to form a .citizens' committee for a guidance center for youths for .drug prevention and wished to donate $25.00 to get it started. The Council suggested that Mr. Yarnal attend the event scheduled.for February 28 at the Orange County Fairgrounds on the dangers of drugs, sponsored by the Costa Mesa Police Department, to see what the City was doing about this widespread problem, and to come back to the Council with his ideas. Councilman St. Clair said there was. to be a meeting on Development of February 4, 1970, on the development of the Santa Ana Santa.Ana River River., Councilman St. Clair was informed that a representa- tive of the City would attend. Councilman Tucker said that there was.a recent editorial Proposed Resolution in a newspaper saying that two juries were needed in Two Juries for Orange County. He asked that the Council think of Orange County possibly adopting a resolution addressed to the people who should be contacted to,have this investigated, and if it is found to be true, then the -Council should act accordingly. Upon motion.by Councilman Tucker, seconded by Councilman Wilson, and carried, the Council directed the Clerk that a proposed resolution be on the agenda of the adjourned meeting of February 9, 1970. Adjournment At 12 midnight, on motion by -Councilman Wilson, seconded `by Councilman Pinkley, and carried, the meeting was adjourned to February.9, 1970, at 7:30 P.M. 4 Mayor of the City of Costa Mes ATTEST: City Clerk of the City of Costa Mesa Acting City Clerk r 137