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HomeMy WebLinkAbout11/16/1970 - City CouncilREGULAR MEETING OF THE CITY COUNCIL November 16, 1970 PART I The City Council of the City of Costa Mesa, California, met in regular session at 6:30 p.m., November 16, 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. Roll Call Councilmen Present: Wilson, Jordan, Pinkley, St. Clair, Hammett Councilmen Absent: None Officials Present: City Manager, City Attorney, Director of Public Works/City Engineer, City Clerk Ordinance 70-43 On motion by Councilman Jordan, seconded by Councilman Pinkley, Ordinance 70-43, being AN ORDINANCE OF THE CITY Repeal of COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REPEALING Ordinance 70-32 ORDINANCE NO. 70-32 OF SAID CITY COUNCIL, was given second reading and adopted by the following roll call vote: AYES: Councilmen:. Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 70-44 On motion by,Councilman Pinkley, seconded by Councilman St. Clair, and carried, the second reading of Ordinance 70-44, Drainage Fee being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Schedule MESA=CREATING A DRAINAGE FEE SCHEDULE, MAKING PROVISIONS FOR THE COLLECTION THEREOF, PROVIDING FOR REIMBURSEMENT IN Held Over SOME INSTANCES, AND PROVIDING FOR THE USE OF SAID FUNDS COLLECTED, was held over to the Council meeting of December 7, 1970, at the request of the City. Manager. Ordinance 70-45 .The Clerk presented for second reading and adoption, .Ordinance 70-45, being AN ORDINANCE OF THE CITY COUNCIL Repeal of OF THE CITY OF COSTA MESA, CALIFORNIA, REPEALING SECTION 2717 Section 2717 OF THE MUNICIPAL CODE, "INJURY OR DEATH IN THE PERFORMANCE Municipal OF DUTY - ALL EMPLOYEES." Mr. Ben Londeree, representing -Code the Costa Mesa City Employees Association, addressed the Council and stated that the Association requested that second reading be delayed at least until some temporary coverage was arranged. -The City Manager stated that the ordinance does not become effective for 30 days and Peat, Marwick and Mitchell would deliver their report on the Insurance Study to him perhaps on December 14, 1970, possibly a.week or two later. On motion by Councilman St. Clair, seconded by Councilman Pinkley, Ordinance 70-45 was given second reading and adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Bid Item 152 The Clerk reported that bids had been opened on November 13, Truck Cab 1970, for One Truck Cab and Chassis, Bid Item 152. The and Chassis following bids were received: NAME TOTAL International Harvester Company $ 4,214.15 Net, 30 days University Oldsmobile Sales 4,900.00 Net Theodore Robins .Ford 4,864.69 Cash Bid Item 152 On motion by Councilman St. Clair, seconded by (Continued) Councilman Pinkley, the contract was awarded to International Harvester Company, 1110 East Katella Awarded Avenue, Anaheim, in the amount of $4,214.15, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Bid Item 153 The Clerk reported that bids had been opened on 1971 Automobile November 13, 1970, for one 1971 Model 4 -Door, 6 -Passenger Automobile, Bid Item 153. The following bids were received: NAME TOTAL Tommy Ayres Chevrolet $2,881.74 Net, 30 days McPeek Chrysler -Plymouth 2,812.61 Net, 30 days Theodore Robins Ford 2,833.56 Cash Garden Grove Chrysler -Plymouth 2,801.56 Net, 30 days Awarded On motion by Councilman Hammett, -seconded by Councilman Jordan, the contract was awarded to Garden Grove Chrysler -Plymouth, 10080 Garden Grove Boulevard, Garden Grove, in the amount of $2,801.56, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Hammett NOES: Councilmen: Pinkley, St. Clair ABSENT: Councilmen: None Bid Item 155 The Clerk reported that bids had been opened on 1971 Model Tractor November 13, 1970, for one 1971 Model Tractor, Bid Item The following bids were received:" NAME TOTAL Consolidated Equipment Sales NO BID International Harvester Company $2,298.00 - Rotary Mow 553.00 - Rototiller 325.00 - Rotary Cut McCoy Ford NO BID IHC NO BID T H Equipment NO BID Foothill Feed (Did Not Meet $1,282.80 - John Deere Specifications) 140H3- 155. er 345.33 - 43" Rototiller 166.49 - 48" RotaryiCutter 1.0.19 - Hitch if desired Challenge -Cook Brothers NO BID Horron, Richard & McCone Company NO BID Awarded On motion by Councilman St. Clair, seconded by Counci. Pinkley, the contract was awarded to International Harvester Company, 620 East Katella Avenue, Anaheim, 'the amount of $2,298.00 for the Rotary Mower, $553.00 the Rototiller, and $325.00 for the Rotary Cutter, by following roll ca1.1 vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Bid Item 156 The Clerk reported that bids had been opened on Linen Supply November 13, 1970, for the furnishing of Linen Supply Service Service, Bid Item 156. At the request -of the City Manager, on motion by Councilman Pinkley, seconded by Held Over Councilman Hammett, and carried, the item was held over, - to the meeting of December 7, 1970. I 1 1 1 Bid Item 157 The Clerk reported that bids had been opened on Glass Spheres November 13, 1970; for 29,150 pounds of Glass Spheres, Bid Item 157. The following bids were received: NAME TOTAL Cataphote Corporation $3,696.22 Net, 30 days Prismo Universal Corporation 3,206.50 Net, 30 days J. E. Bauer Company 3,439.70 Net, 30 days 3M Company NO BID Flex -O -Lite Division, GSI, Inc. 3,256.06 Net, 30 days Awarded On motion by Councilman Pinkley, seconded by Councilman St. Clair, the contract was awarded to the Prismo Universal Corporation, 747 West Katella, Orange, in the amount of $3,206.50, by the following roll call vote:' AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Bid Item 158 The Clerk reported that bids had been opened on Sprinkler Pipe November 13, 1970, for various Sprinkler Pipe, Fittings and Supplies, Bid Item 158. The bids received for the I__ 71 various items named in the bids are on file in the City Clerk's office. On motion by Councilman St. Clair, seconded by Councilman Jordan, the ..contract was awarded to five different vendors as follows by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair., Hammett NOES: Councilmen: None ABSENT: Councilmen: None NAME AMOUNT ITEMS A-1 Turf Irrigation Sales $4,937.70 26 items Bishop Company 1, 098.x+9 14 items Carson Supply 196.45 27 items Keenan Pipe and Supply 18.40 2 items Smith -Bennett 19.78 2 items Minutes On motion by Councilman Hammett, seconded,by Councilman November 2, 1970 Jordan, and carried, the Minutes of the Regular Meeting, of.November 2, 1970, were approved as distributed and posted. Rabies Advisory On motion by Councilman Hammett, seconded by Councilman Committee Jordan, and carried, a notice of a meeting of the Rabies Advisory Committee from the State Department of Health was received and processed. Veterans' Day On motion by Councilman Hammett, seconded by Councilman Proclamation Jordan, and carried, a letter and Proclamation naming November 11, as Veterans' Day from Seal Beach was received and processed. Acquisition of On motion by Councilman Hammett, seconded by Councilman Property Completed Jordan, and carried; a letter from the State Department of Public Works notifying the City that the acquisition of property located east of 131 Wilson Avenue, within the City, has been completed was received and processed. Proposed On motion by Councilman Hammett, seconded by Councilman Annexation to Jordan, and carried, a notice from the Local Agency Garden Grove Formation Commission regarding a hearing on the Proposed Sanitary Annexation No. K129-70 to the Garden Grove Sanitary District District was received and processed. s-� R .9 Proposed On motion by Councilman Hammett, seconded by Councilman_ Dissolution of Jordan, and carried, a notice from the Orange County Talbert Drainage Board of Supervisors regarding a hearing on the proposes District dissolution of the Talbert Drainage District was receiv and processed. City of Riverside On motion by Councilman Hammett, seconded by Councilman Sign Ordinance Jordan, and carried, a letter and new sign ordinance from the -City of Riverside was received and processed. Resolution from On motion by Councilman Hammett, seconded by Councilman Seal Beach Jordan, and carried, a resolution from the City of Seal Jet Aircraft and Beach, regarding jet,aircraft and air pollution, similar Pollution to Costa Mesa's resolution, was received and processed. Proposed On motion.by Councilman Hammett, seconded by Councilman City of Irvine Jordan, and carried, a letter from the -Local Agency Formation Commission regarding a revised boundary map for the proposed City of Irvine was received and processed. Talbert Drainage On motion by Councilman Hammett, seconded by Councilman District Jordan,..and"carried, a.resolution of the Local Agency Dissolution Formation Commission approving the proposed dissolution of the Talbert Drainage District.was received and proce Departmental On motion by Councilman Hammett, seconded by -Councilman Reports Jordan, and carried, the following Departmental Reports were received and processed: City Clerk, Street Department, Traffic Engineer, Fire Department, Building Safety, Finance Department Letters of Permission with revenue fee waived, Parks Department. Refunds On motion by Councilman Hammett, seconded by Councilman Jordan, and carried, a request for a refund of a permit Request Denied fee from Essco Electric Service and Supply Company, 2585 Nina Street, Pasadena as work had not been performed, was denied as recommended by the Director of Building Safety. Business License On motion by Councilman. Hammett, seconded by Councilman Applications Jordan, and carried, an application for a"business license from the Newport Harbor Y's Men's Club, 2300 Newport Harbor University Avenue, Newport Beach, for Christmas Tree Y's Men's.Club sales at 305 East.17th Street; Costa Mesa, for December, 1970, was approved, with the, fee waived. 0. B. Phillips Ori motion.by Councilman Hammett, seconded by Councilman Jordan, -and carried,'an application from 0. B. Phillips 760 West 16th Street, for Christmas Tree sales at 450-460 East"17th Street, Costa Mesa,.for 20 days, from December 5 through December 24, 1970, was approved. Green Haven On motion by Councilman Hammett, seconded by Councilman Nurseries. Jordan, and carried, an application for business lice from Green_Haven Nurseries, 2123 Newport Boulevard, for Christmas Tree -sales at 30+1 Harbor Boulevard, for 24 days, from December 1 through -December 24, 1970, was approved. Noonan Xmas Trees On motion by Councilman Hammett, seconded by Councilman Jordan, and carried, an"application for a business license from Noonan Xmas Trees, 2207 Avalon, for Christmas Tree,Sales at 2111 Newport Boulevard, Costa M( was approved. ,sed. se a, 1 1 1 6—o O'b tLlt�Ll Sewell On motion by Councilman_Hammett, seconded by Councilman Jordan, Mr. Snowman and carried,.an application..€or a business license from Richard A. Sewell-, Mr.. Snowman, 434-A East 17th Street, Costa Mesa, for Christmas Tree Sales at 360 East 17th Street for approximately 22 days, from December 3 to.December 24, 1970, was approved. Costa Mesa On motion by Councilman Hammett, seconded by Councilman Jordan, Jaycees and carried,, an application -for a business license from the Carnival Costa Mesa Jaycees, Post Office Box 1694, Costa Mesa, for a carnival at the Harbor Shopping Center, 2300 Harbor Boulevard, from November 19 through;..November.22, 1970, was approved with one -half -of the fee,waived, and subject to the approval of a plot plan by the Planning Department, and subject to a list of rides being.submitted with a copy of an insurance policy covering same.. Carol Mary Mehus On motion by Councilman Hammett, seconded by Councilman Jordan, and carried, a.sauna and massage parlor permit, to work at 1813 Newport Boulevard, was approved for Carol Mary Mehus, 219 West Wilson Street, Costa Mesa, as recommended by the Police Department. Right of Way On motion by Councilman Hammett, seconded by Councilman Jordan, Deeds the following,right of way.deed was. accepted and ordered placed on record.by the following roll call.vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen:. .None -. ABSENT: Councilmen: None DATE NAME .... FOR STREET 10 -31 -70 -,Grace Darling Cook Lowden East 17th Street and Santa Ana Avenue Unsolicited The Clerk presented a letter from Kenneth G. Dutro, 2356 Cornell Advertising Drive,. -.Costa Mesa., complaining about unsolicited.advertising Material materials left-on..their.premises...and requesting Council's attention..to the..matter._ The,.City Attorney stated that the City of Fullerton had..developed:an ordinance which regulates throwaway,advertising.. This. -.matter is now pending in court and:if=the .City of.Fullerton.is sustained in this matter, the City Attorney informed the._Council that this: would be an excellent ordinance.for the City of Costa Mesa to. consider. On motion by.Councilman Jordan, -seconded by Councilman Hammett, and carried, Councilman St. Clair voting No, the matter was Referred to referred to the. -City Attorney for -investigation, and when City Attorney the matter -is settled..on the.Fullerton.ordinance, he will study it and present it to Council at that time. The. City Attorney will notify.Mr. Dutro of the Council's action. Protest Against The Clerk presented..a letter from Tillie Vessells, 770 West Bar, 19th Street,,;protesting-,the_,reopening of the bar at 778-782 West Referred to 19th Street, Costa Mesa. On motion by Councilman Jordan, Planning-. seconded by Councilman Hammett, -and carried, the letter was Commission referred to the Planning Commi:ssion.to be discussed at the time the applicant applies.,for a zone exception permit. Request from The Clerk presented. .two letters,•one from the Presbyterian Sunshine Community Church of the Covenant, _2850 Fairview Road, and one from Nursery School Patricia Mora, President, Sunshine Community Nursery School, requesting:that right of way .dedication be reconsidered on Zone Exception-Permit--ZE-110-70, for.the•Sunshine Community Nursery School. .,On motion..by-,Councilman;Hammett, seconded. -by Councilman Jordan, and carried, the --request was granted and the matter was held.-over.to-the meeting -of December 21, 1970. Pier Eleven The Clerk presented a,letter and petitionfrom residents on Church Street against,Pier.Eleven..at..1976 Newport Boulevard, and the noise and parking problem -that they have caused, and also requesting Council to,take action. Mrs. Bessie Minor, Pier Eleven 1986 Church Street; Costa Mesa, spoke from the floor and (Continued) complained about'the'e'-Kcess"ive",noise. Mr. Vernon Rankin, 2207 Meyer'Place, Costa Mesa, owner of the business, add] the Council and -stated that the noise had been excessive the warm, 'summer months' -due to the back door being left c for better circulation of air. Mr. John.Minor, 1986 Chu3 Street, and;.Helen Towe; 1984 Church Street, Costa Mesa, addressed the Council and also complained about the noisE which they feel can: be corrected. On motion by Councilm� St. Clair, seconded by Councilman Pinkley, and carried, t Held over matter was held over for 30 days, at which time the disci sion will continue and if the report on -noise is ready at that time the Council'will-have requirements for that' are and in the meantime, the police and fire departments will check the establishment for.parking facilities and report the Council on their findings. Warrant On motion by Councilman Jordan, seconded by Councilman Resolution 644 Pinkley', Warrant Resolution No. 644 was approved by the following roll call vote: - AYES: Councilmen: Wilson, Jordan, Pinkley,. St. Clair NOES: Councilmen: None ABSENT`:' Councilmen: None ABSTAINING: - Councilmen: 'Hammett - Warrant On motion by Councilman Jordan, seconded by Councilman Resolution 645 -St. C1air,'Warrant Resolution No. 645, including Payroll No. 7023, was approved'by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None assed luring en :h 1 ie 1, a to Agreement Signed The City Attorney stated that he'had received a copy of an by Mrs. Klippel Agreement from Mr. S.'Franklin, 419 East 17th Street, an attorney representing'Mrs. Wanda Klippel. Mrs. Klippel's property at 2004 Meyer Place-, Costa Mesa, was declared a public"nuisance at a public hearing held by the City Council on Novem_ber`'2, 1970, and the City Attorney was instructed to draw up an agreement allowing Mrs. Klippel 30 days to clean up the front yard, 60 days to clean up the interior, and 30 additional days to -clean up the back yard. The.City Attorney reported that the Agreement had,been signed by Mrs. Klippel, and it would be turned over to the Building Safety Department for administration by them. Purchase of The City Attorney requested authorization to conclude Materials at the purchase of the balance of the materials at the Golf Club Costa Mesa'Golf and Country Club from Pro Enterprises Authorized which would be approved by the`Referee in Bankruptcy, A. K. Phelps, in the amount of $25,292.00. On motion by Councilman.Jordan, seconded by'..Councilman St. Clair, the purchase was authorized by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES, Councilmen: None ABSENT: Councilmen: None Advance The City Manager requested authorization for advances to Authorized for Councilman St. Clair and Mayor Wilson to attend the Conference National League of Cities Meeting in Atlanta, Georgia, Expenses on December 1, 1970'. On motion by Councilman Jordan, seconded by'Councilman Pinkley,'Councilmen,Wilson and St. Clair abstaining., the advance of $300.00 for Mayor Wilson and $500.00 for Councilman St. Clair, was authorized by the following roll call vote,: AYES: Councilmen: Jordan, Pinkley, Hammett NOES: Councilmen: None ABSENT: Councilmen: None ABSTAINING: Councilmen: Wilson, St. Clair i 1 1 Purchase of New The City -Manager presented a request from the Estancia City Banners High School band for a new City .Banner which they can Authorized carry while marching in parades.in..the City and outside the City too. He then'.requested that.the Council authorize the expenditure, of additional money in order .to provide a new.banner for -the Costa Mesa Higl.School band also. On motion by Councilman Pinkley;.seconded by Councilman St. Clair,,the expenditure of approximately $500.00 from the Council contingency fund.was authorized.by the following roll call.vote: AYES.:. Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT:. --Councilmen:, None Purchase -of The City -Manager requested authorization to spend City Maps $1;000..00 for theChamberof Commerce -Cit y Maps which Authorized have been extremely beneficial to promotion within the City. On motion by Councilman St. Clair, seconded by Councilman Pinkley, the expenditure of $1,000.00 for 2,000 maps was -authorized by the following roll call vote: AYES: Councilmen: Wilson,.Jordan, Pinkley; St.. Clair,- Hammett NOES: Councilmen: None ABSENT: Councilmen: None New Fire Rating The.City Manager announced that effective this date, the Class 3 Pacific Fire Rating Bureau had established a new rating of C1ass.3 for.the City of Costa Mesa which should prove very beneficial to the residents and commercial insofar as it should lower.-insurance.rates. Residents should. inform their insurance agents of.this new classification. Councilman Pinkley stated that'the Water Department and Fire Department should be commended for their efforts to accomplish this feat. On motion by Councilman Hammett, seconded by -Councilman Jordan, and carried, the Clerk was instructed to send.a.letter of appreciation to the Fire.Department and Water. Department, which should contain -the signatur-es.of the -Council. Watson Storm Drain The City Manager'presen.ted a contract for engineering Contract Approved services'for design.and preparation.of the Watson Storm Drain which is.generally,located at a point beginning just east of Harbor Boulevard, half -way between Baker Street and Gisler Avenue, then north and easterly to the Gisler Channel,.just.north.of the San Diego Freeway. The Contract is with Lowry Engineering Science, 121 East Washington Avenue, Santa Ana, and -the agreement is for a fee not to exceed $9,000.00. 'On motion by Councilman Pinkley, seconded -by -Council -man Jordan, the contract was approved and the Mayor and City Clerk were authorized to sign ori behalf of. the City, by the :following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen:. None ABSENT: Councilmen: None Pumper Test Pit The City,Manager-'presented a contract for engineering Contract Approved services for the Fire Department.Pumper Test Pit. The Contract is with E. L. Pearson"and Associates, 3955, Birch. Street, Newport Beach. On motion -by Councilman Pinkley, seconded by Councilman St. Clair, the contract was approved and the, Mayor and Clerk authorized to sign on behalf of the City, by the following roll call vote: AYES: Councilmen: Wilson,. Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None %316 Closing of Alley The City Manager presented a recommendation of the to Vehicular Traffic Commission to close vehicular traffic, the alle; Traffic which connects Corsica and Royal Palin Drive with the intersection of Mace and Nutmeg. _On motion by Councilm, Held Over Jordan, seconded by Councilman Hammett, and carried, the item was held over to the meeting of December 21, 1970. Revised Standards On motion by Councilman Jordan, seconded by Councilman for City Streets St. Clair, the Revised Standards for City Streets was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Signal Construction The City Manager presented a request for authorization Fairview Road and to advertise for bids on the signal construction at . Sunflower Avenue Fairview Road and Sunflower Avenue at an estimated cost of $40,000.00 and a'.25 percent participation is-expectec from the City of Santa Ana as specified in an agreement attached to the letter of request from the Director of Public Works dated November 10, 1970. On motion by Bids to be Councilman Pinkley, seconded by Councilman Jordan, the Advertised request was granted and the Clerk was authorized to advertise for bids for the Installation of Traffic Signals and Safety Lighting at�F.airview Road and Sunflower Avenue by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Urgency Ordinance On motion by Councilman Wilson, seconded by Councilman 70-46 Hammett, an urgency Ordinance 70 -46, -being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNI Stop Signs ESTABLISHING BOULEVARD STOPS ON FAIRVIEW ROAD AND SETTIP Sunflower and FORTH FACTS CONSTITUTING ITS URGENCY AND PROVIDING THAT Fairview THE SAME SHALL GO INTO EFFECT IMMEDIATELY UPON ADOPTION, was adopted and the .stop signs are to remain until the traffic signals are installed, by the following roll call -vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Request for Stop The Mayor requested the Traffic Commission to consider Sign at Irvine installing a stop sign within the City limits on Irvine and 20th Avenue and 20th Street. Agreement The City Manager requested the Council to approve the Agreement to Hold Harmless the Marine Corps Air Station, Marine Corps Santa Ana,during the time their facilities are being Air Station used by the City. On motion by Councilman Pinkley, seconded by Councilman Hammett, the Agreement was approi and the City Manager was authorized to sign on behalf of the City. Bid Call The City Manager requested authorization to advertise Bid Item 162 for bids on Bid Item 162, the sale of Surplus.Clothing and Golf Clubs from the Costa Mesa Golf and Country Club Pro Shop, bids to be opened on December 4, 1970, at 11:00 a.m. by the Clerk. On motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, the call for bids was authorized. Recess The Mayor declared a ten-minute recess at 7:35 P.M. 1 1 1 Roll Call Resolution 70-99 Supervisor Alton E. Allen Public Hearing Continued Marina View Annexation Approved Election Date Set Resolution 70-100 PART II The City Council of the City of Costa Mesa, California, continued.its regular session at 7:45 p.m., November 16, 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 Director of Public Works George E. Madsen. Councilmen Present: Wilson, Jordan, Pinkley, St. Clair, Hammett Councilmen Absent: None Officials Present: City Manager, City Attorney, Director of Public Works/City Engineer, City Clerk The Mayor presented a resolution for Council approval. On motion by Councilman Wilson, seconded by Councilman Pinkley, Resolution 70-99,.being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, EXPRESSING RECOGNITION TO ALTON E. ALLEN, ON HIS RETIREMENT FROM THE BOARD OF SUPERVISORS OF ORANGE COUNTY, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None The Clerk stated that this was the time and place set for the continuation of the public .hearing regarding -Proposed Marina View Annexation. The.Clerk presented 16 letters from 25 property owners in opposition to the annexation. Mr. Dick Palmer., 2293 Pacific Avenue, not a property owner, spoke in opposition .to the Annexation. The City Attorney advised the Council of the procedures to be followed in the matter of the annexation. The City Manager stated that meetings had been held with most of the property owners submitting written protest. Mr. Dave Leighton of the Planning Department advised the Council of the number of voters registered in the area. On motion by Councilman Hammett, seconded by Councilman Jordan, and carried, the public hearing was declared closed. On motion by Councilman HarrBnett, seconded by Councilman Jordan, and carried, Council agreed that there were insufficient protests to declare -a mandatorytermination of -the annexation proceedings. The City Attorney stated that the Council should then adopt a resolution instructing the City Clerk to forthwith set a date for the election and to conduct the election in accordance with the law. On motion by Councilman Hammett, seconded by Councilman Jordan, a resolution setting January 12, 1971, as the date for the election selected by the Clerk was approved :..and Resolution No. 70-100, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA.MESA, CALIFORNIA, CALLING A SPECIAL ANNEXATION ELECTION IN THE MATTER OF MARINA VIEW ANNEXATION, was adopted by.the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Public Hearing The Mayor announced that this was the time and place set Proposed for the public hearing on the matter of a proposed,Under- Underground Utility ground Utility District, Daily Pilot Request, Bay Street District - Daily between Newport -Boulevard and Thurin Street. Mr. Jack Pilot Request Curley, General Manager of the Daily Pilot, was present and addressed the Council, and reviewed pertinent matters with the Council, and suggested three reasons for setting the northerly side of Bay Street as an underground utility district. 3G Underground A lengthy discussion followed regarding estimated costs Utility District during which the Director of Public Works stated that No. 5 the list of revised -estimates he submitted to the Counc Established contained more accurate figures than the list submitted previously. The Director of Public Works stated that the Edison Company said that they can advance 1972 fund for the projects but not 1D73 funds. On motion by Councilman Pinkley, seconded by Councilman Jordan, and carried, the public hearing was closed. On motion by Councilman St. Clair, seconded by Councilman Jordan, District No. 5 for Underground Utility Lines was established for the following reasons: 1. Such under - grounding will avoid or eliminate an unusually heavy concentration of overhead distribution facilities; 2. Said street or road or right of way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic, and the decision Resolution 70-102 is subject to the contribution by the Daily Pilot of 15,000.00 toward the project; and also subject to -the privilege of using funds from the Harbor Boulevard Undergrounding allocations, if needed, and the.date for completion of the Harbor Boulevard project could then be extended, and Resolution 70-101, being A RESOLUTION Resolution 70-101 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORN ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 5, was adopted by the following roll'call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Underground The Mayor announced that this was the time and place fc Utility the public hearing for establishment of an Underground District No. 4 Utility District, Newport Boulevard, between Bristol Established Street and Mesa Drive.. There being no one interested in speaking, the Mayor declared the public hearing closed and on motion by Councilman Hammett, seconded b� Councilman Jordan, District No. 4 for Underground Utili Lines was established for the following reasons: 1. E. undergrounding will avoid or eliminate an unusually heE concentration of overhead distribution facilities; 2. street or road or right of way is extensively used by I general public and carries a heavy volume of pedestrian vehicular traffic, and the decision is subject to the privilege of transferring funds from the Harbor BoulevE Undergrounding allocations, if needed, and the date fol completion of the Harbor Boulevard project could then I extended, and Resolution 70-102, being A RESOLUTION OF Resolution 70-102 CITY COUNCIL OF THE.CITY OF COSTA MESA, CALIFORNIA, ES7 LISHING UNDERGROUND UTILITY DISTRICT N0. 4, was adoptee the following roll call vote:. AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Request for The Clerk presented a petition signed by 57 residents c Improvement of the area, requesting improvements of traffic condition: Traffic Conditions on Paularino Avenue by permanently closing Paularino Ai on Paularino at Cheyenne Street to all traffic and construct Bear Sf through to Baker Street from Paularino. Mr. D. M. Wesi 3044 Cleveland, was spokesman for the group and made sc suggestions for alleviating the general traffic problen or by et 1 1 F� Traffic Conditions in the area.. The Director of Public Works stated that on Paularino the figures submitted for the extension of Bear Street (Continued) were in excess of 100,000.00 and the State Division of Highways would not.consider the project at this time. The City Manager suggested that perhaps a meeting could be arranged with the residents interested in the matter from the area, after the State Division of Highways had been contacted, possibly at the Bear Street School. Mr. Nick Vitro, 30.5 Coolidge Street addressed the Council and requested more street lights, Mr. Don Diaz, 960 Paularino Avenue requested that the meeting be held at the Paularino Elementary School instead of the Bear Street School. Mrs. D. Oliver, Yukon Street, requested that safer access to the schools be provided for the school children. Mr. Robert Lindquist, 3107 Platte Street, addressed the Council and requested,that sidewalks be improved with regard to curbs being on the same level with the sidewalks, making it very difficult to distinguish the sidewalk from the curb and street. Mrs. Close, 1169 Paularino Avenue, addressed the Council and requested that a stop sign or crossing guard be supplied for the crossing near the Paularino School. On motion by Councilman Hammett, seconded by Councilman Jordan, and carried, the City Manager was instructed°to arrange a meeting between the interested residents of the area, through one or two contactsrepresenting the different groups, with the City Council and possibly a representative from the State Department of Public Works, to try to work out a solution to the problems in the area. Frank Zrebiec On motion by Councilman Jordan, seconded by Councilman Reappointed to Pinkley, and carried, Mr. Frank Zrebiec was reappointed Vehicle Parking. for a three-year term to the Board of Directors of District No. 2 Vehicle Parking District No. 2, effective November 19, 1970, through November'19, 1973• Request for The Clerk presented a petition from eight residents requesting Building'of Alley that an alley between 23rd Street and Wilson, and Newport -Boulevard and Elden Avenue, be repaired at the expense of the City so as to eliminate drainage problems, as the existing alley is injurious to life and property. Council- man St. Clair left his seat on the Council to participate in the audience discussion of the matter as this concerned him as a private citizen. Mr. Charles Spiller addressed the Council and,requested that this alley be improved as requested. Mr. St. Clair related the history of the property and stated that the property owners had paid for drainage and had not derived any benefit from it. Mr. Phil Spiller addressed the Council, and stated that he is building a 40 -unit complex.on property near the alley and he was told to install a sump pump on the property to drain the water off. Mr. Jeff Millett, 1303 Valencia, Fullerton, an engineer employed by Mr. Spiller addressed the Council. On motion by Councilman Jordan, seconded by Councilman Hammett, and carried,Councilman St. Clair abstaining and Councilman Pinkley voting No, the matter was referred to the City Manager for investigation and report back in 30 days on what has been done in the cases concerning other alleys in the City and if any money has been paid by these residents for alley improvements, and the occupancy permit can be issued on a temporary basis by the Building Safety Department, if the building meets specifications, without the sump pump, until the report is received from the City Manager in 30 days. Councilman St. Clair returned to his chair on the Council at this time. 370, ZE-88-70 The Clerk presented application for. Zone Exception Cutler Permit ZE-88-70, John Cutler, Jr., 396 Hamilton Street, Costa Mesa, -for permission to raise and -sell chinchillas on a small scale, of about 50-150 animals, as a home occupation in an. R2 zone, on property located at the same address. The Planning Commission recommended denial. The Clerk stated that a letter had been received in favor of permit. The applicant was present and addressed the Council. He requested enough time to dispose of the animals if the Council denied the permit. On motion by Councilman -Jordan, seconded by Councilman St. Clair, and carried, Councilman Hammett.voting No, the permit was denied and the applicant was given a maximum of 90 days to remove the animals from the premises, and sooner, if possible. ZE-106-70 The Clerk presented application for Zone Exception Corrected Permit ZE-106-70, Corrected, Edgar 0. Hatton, 222 West Wilson Street, Costa Mesa, for permission to construct Hatton a 25+0 square foot commercial building for the sale of tropical fish, as the first increment of development of 218 -and 222 West Wilson Street with a reduction in parking of five spaces on property located at 218 and 222 West Wilson Street, in a Cl zone. On motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, the application was approved, subject to the list of requirements of the various City departments, copy attache to the application and made a part thereof. ZE-112-70 The Clerk presented an application for Zone Exception Prince of Peace Permit ZE-'112-70, Prince of Peace Lutheran Church, Lutheran Church 2987 Mesa Verde Drive, Costa Mesa, for permission to- enlarge.the present sanctuary to accommodate 400 person to enlarge the existing day school by.construction of a: additional two-story, 6 class -room building and to construct a one-story administration building, with a parking reduction of approximately 23 spaces -- 119 spaces available and 142 required, at the same address, in an R1 zone. The Clerk stated that one letter had been received objecting to permit being granted. Mir. Robert Wart, Ceylon Drive, addressed the Council an protested the application; Mr. Norman French, 2865 Strol representing Mesa Verde Homeowners Association addresse the Council and made suggestions to the Council on beha: of the Association, in the event the permit was approve Mrs. Louise Napoli, 297+ Ceylon Drive,,addressed the Council and stated she was against the permit being granted; Mr. Dick Hardy, Fountain Valley, the represent from the Building Committee of the Church, addressed th Council and stated that the distance of 10 feet from tht property line had been maintained because it was too expensive for them to have the building moved further over, as requested by Mrs. Napoli. Larry Cassidy, 2296 Samoa Drive, addressed the Council and stated that he was against the permit being granted as more than 50 percent of the students attending the school are fro] outside the Mesa Verde area. Mr. Harry Baker, 2837 Corr Place, spoke in favor of the permit being granted. Mr. Joe.Napoli of 297+ Ceylon Drive spoke against the permit being granted. On motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, Councilm; Pinkley voting No, the permit was approved subject to a'. the conditions -on a list of certified recommendations lip Live i i 1 M ZE-112-70 attached to the application and made a part thereof, and (Continued) also subject to.the building being moved at least ten feet easterly, if.not more, if possible, by putting in a two-hour fire wall, and also that the trees should be planted as soon as possible. ZE--116-70 The,Clerk presented an. -application for a Zone Exception Knute J. Johnson Permit, ZE-116-70, Knute J. Johnson, 3139 Sumatra Place, Costa Mesa, for permission to encroach .7.5 feet into required 20 -foot rear yard setback for addition of a family room, laundry room, and covered patio on property located at that address, in an Rl zone. The Planning Commission recommended approval. The applicant was present and addressed the Council briefly._ On motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, the permit was approved. Oral Miss Charlotte Grochow, 3138 -Bray Lane, Costa Mesa, calked Communications the Council's attention to the accidents which occur on Fairview Road, near the on ramp of the San Diego Freeway. Adjournment There were no councilmanic suggestions. The Mayor reminded the Council -about the study session, to be held with the Public Works Department on Tuesday, November 17, 1970, at 7:30 pem. The Mayor also reminded the Council that a study session will be held on Monday, November -.30, 1970. The meeting adjourned.to a personnel session at 10:25 p.m. The personnel session adjourned -at -:10:35 P.M. r ayor of the City of Costa Mesa ATTEST: City Clerk of: the.,City of CosMesa