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HomeMy WebLinkAbout01/17/1955 - City Council'41 ' I MINUTES OF THE CITY COUNCIL CITY OF COSTA MESA January 17, 1955 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 P.M., January 17, 1955, at the Newport Justice Court, 567 West 18th Street, followed by the Pledge of Allegiance to the Flag, and invocation by Mayor Nelson. ROLL CALL Councilmen Present: Martin, Smith, Pinkley, TeWinkle and Nelson Officials Present City Attorney Dungan, City Manager Coffey, City Treasurer Ries, City Clerk Swartz MINUTES On motion of Councilman Smith, seconded by Councilman Pinkley, and carried, the reading of the minutes of January 3, 1955, was waived and approved as written. PETITION A. Mayor Nelson announced that the public'hearing which had been duly Amend. Ord. ;#32 published and set for this time and date, regarding Petition No. 4 for (Newport Vista) amendment of Ordinance No. 32, -in the name of Newport Vista Company, was now open. The City Clerk reported thatno written protests had been, filed with him prior to the time set for the hearing. There being no written or oral protests and on motion of Councilman TeWinkle, seconded' by Councilman Smith, -and carried, the public hearing was declared closed. ORDINANCE .x#76 Thereupon Ordinance No. 76, an ordinance "AMENDING ARTICLE III, SEC.3.2 Amend.Ord 32 OF ORDINANCE no. 32, THE LAND USE ORDINANCE OF THE CITY OF COSTA MESA" (Newport Vista) was introduced by Councilman Smith.. Following the' reading of the title, lst Reading Councilman Smith moved that further reading of the ordinance be waived and that it be read by title only. The motion was seconded by Council-' man TeWinkle and was unanimously carried. Thereupon Councilman Smith moved that this constittt� the first reading of Ordinance No. 76. The motion was seconded by Councilman TeWinkle and carried by the following vote: ALL AYES. Mrs. Charles Prather, 449 Hamilton Street, was present to make a nuisance complaint against the Bayshore Animal Hospital, 2086 Harbor Blvd. She was advised by the City Attorney that if there was a nuisance violation it would be governed by State law and a matter to be handled by the District Attorney. Mr. Irving Clark was present to find out whether or not he would be required to improve the 251 easement for street on Westminster Avenue as recommended by the City -Engineer and approved by the Council on December.6, 1954. He was assured that the City Manager was making the. necessary investigation and that he would be advised accordingly. Mr. J. S. McMahan, 370 Flower Street, was present in behalf of the Boyscout Organization, regarding the sale of fireworks in Costa Mesa. Following a report by the City Manager on what other cities in Orange County are doing in regard to sale of fireworks,,Councilman Smith moved that in the drafting of our Fire Code that the part dealing with the sale of fireworks be stricken. Councilman Pinkley seconded the motion and it was unanimously carried. Charles F. Zimmerly, 2103 Santa'Ana Avenue, was present to request the Council to consider the adoption of an .ordinance making it mandatory for all dogs to be vacinated for rabies. The matter was referred to the City Manager for study and report to the Council at the next r regular meeting. RESOLUTION ,#106 Upon motion of Councilman Smith, seconded by Councilman Pinkley, (Cornair Right Resolution No. 106, a resolution "ACCEPTING THE DEED OF RIGHT OF WAY of Way Deed) ON 1ALLACE STREET, DATED OCTOBER 26, 1951, FROM JACK D. CORNAIR AND GLORIA J. CORNAIR, TO THE CITY OF COSTA IESA" was adopted by the following roll call vote: _ AYE'S; Martin, Smith, Pinkley, Tetvdinkle and Nelson NOES: Councilmen - None ABSENT: Councilmen - None Rescue Unit A letter was read from the Costa Mesa Volunteer Fire Department requesting the City to assist in obtaining bids and to supply additional funds needed in the purchase and equipping of a new rescue unit. Mr. John Nuzum 1 1 9 and.Noah Amburgey were present to advise the Council that $600 has been contributed by the Volunteer Firemen and $1,000 from the Lions Club. Councilman Pinkley moved that since the City has appropriated certain funds for this purpose that the City Manager be authorized to call for bids. Councilman Martin seconded the motion and it carried by the following roll call vote: AYES Councilmen Martin, Smith, Pinkley, TeWinkle and Nelson NOES: .Councilmen - None ABSENT: Councilmen - None Upon motion of Councilman Pinkley, seconded by Councilman Martin, and _carried, the report of the Treasurer for the month of -December, 1954, was accepted and ordered filed. PERMITS Upon motion of Councilman Pinkley, seconded by Councilman Martin, and carried, the application of the Patch Club No. 1 to.hold a rummage sale at 1865 Newport Blvd. on January 21 and -22, was approved and fee waived. Upon motion of Councilman Smith, seconded by Councilman Pinkley, and carried, the application of Roy Davis, 2100 Harbor Blvd., for a y business license to operate Davis' Swap Shop at 2232 Newport Blvd was approved. A letter from the CityEngineerwas read .regarding the request of Sullivan and :Everson, subdividers of Tract No. 1714, to complete a portion of the improvements prior to recording the final map. A letter from the subdivider was also presented and read. A check in the amount of $693.00 was submitted by the subdivider to cover the necessary fees. Upon the recommendation of the City Manager and on motion of Councilman Martin, seconded by Councilman Tevlinkle, and carried, the request was,denied. A letter from the Planning Commission was submitted requesting the City Council to defer adoption of. Ordinance No: 65 until after the joint meeting of the Commission and the'City Council to be held January 31. VARIANCE #88 Variance Application No. 88 -was submitted in the name of Philer J. Ellerbroek, 320 West Coast Highway, for a front yard setback in the construction of an addition at 1844 -Newport Boulevard. Upon the recommendation of the Planning Commission and on motion}of Councilman Smith, seconded by Councilman Martin, and carried, the application eras approved. VARIANCE #89 Variance Application No. 89 was submitted in the name of Newport Beach Elementary School District for the construction of a school building at 15th Street and Santa Ana Avenue. -Upon the recommendation of the Planning Commission and on motion of Councilman Smith, seconded by Councilman TeWinkle, and carried, the application was approved as recommended by the Planning_Commi.ssion on the condition that curb and gutters be installed on the entire frontage p:nd paved to the existing paved surface. VARIANCE #91 Variance Application No. 91 was submitted in the name of C. H. McVay, 1695 Irvine Avenue, to operate a bake oven in connection with a retail bakery business at 819 Illest 19th Street (C-1 zone). Upon the recommenda- tion of the Planning Commission and on motion of Councilman TeWinkle, seconded by Councilman Pinkley, and carried, the application was approved on the condition that there will be no wholesale business carried on at that -location. VARIANCE #92 Variance Application No. 92 was submitted in the name of Charles W. Tevdinkle for front and rear yard setbacks in the construction of an addition at'1807 Newport Avenue. Upon the recommendation of the Planning Commission and on motion of Councilman Pinkley, seconded by Councilman Smith, the application was approved. (Councilman TeWinkle not voting) VARIANCE #93 Variance Application No. 93 was submitted in the name of Robert L. Mennes, 2025 Harbor- Blvd. for the erection of a 4 x 8 sign nearer to Harbor Blvd than City Ordinance permits. Henry C. Vaughn was present to protest the granting of the variance, stating that it would diminish the value of all properties on Harbor Blvd because of the size and location of the sign. Councilman TeWinkle moved that the application be 198 PLTITION #5 (Amend of Ord x#32) (E 18th,St) approved on the condition that its present size of 32 square feet - be cut as close as possible to 25 squre feet without requiring relettering, and that the sign shall have a gotnd clearance of no less than 10t, not' to extend forward of the property line. The motion was seconded by Councilman Pinkley and upon roll call vote, carried. (Smith voted NO) Petition No. 5'for Amendment of Ordinance No. 3?, requesting a change of zoning from the present classification of R-4 to C-1: Portions of Lots; 121, 122 and 132 of Newport Heights and portion of Lot 65 Block A of the Harper Tract; Newport Heights was submitted. Upon motion of Councilman TeWinkle, seconded by 6ouncilman Pinkley, and carried, a public hearing was set for 7:30 P.M., February 7, 1955. A letter from the Planning Commission was read calling the Councilts attention to the Planning Commission's mfn plan for the rezoning of 18th Street and adjacent properties together with a map of such pro- posed zoning. Upon motion of Councilman Pinkley, seconded by Councilman TeWinkle, and carried, the report of the Fiscal Officer for the month of December, 1954, was accepted and ordered filed. WARRANT Warrant Resolution No. WR -37, a resolution "ALLOWING CERTAIN CLAIMS AND RESOLUTION FAR- DEMANDS, INCLUDING PAYROLL NO. 13," was read. It was moved by Council - 37 man TeWinkle, that Warrant Resolution NO. WR -37 be adopted. The motion was seconded by -Councilman Martin and carried by the following roll call vote: AYES: Councilmen Martin, Pinkley, Smith, TeWinkle and Nelson NOES: Councilmen = None ABSENT: Councilmen - None REPORT OF The following complains relative to weed abatement were considered. CITY MANAGER Harry T. Seeley, 520 West Wilson Avenue AP -115-070-9 $14.20 The City Manager advised the Council that Mr. Cassel had not worked this ground and that the billing was in error. Upon motion of Councilman Pinkley, seconded by Councilman Martin, the Council voted (Weed unanimously to approve the claim. Roll call vote as follows: abatements) AYES;- Councilmen Martin, Pinkley, Smith, TeWinkle and Nelson NOES: Councilmen - None ABSENT: Councilmen - None John D. McMillan, 540 Redlands Avenue, Newport Beach AP -115-330-29,$6.08 The City Manager advised the Council that this lot had been cleaned by Mr. Irwin. Upon motion of Councilman Pinkley, seconded by . Councilman TeWinkle, and carried, the= -claim was denied. Frank Frazier, AP -118-160-12 $5.36 ,- The City Manager advised the Council that this lot _had been cleaned by Mr. Irwin. Upon motion of Councilman Smith, seconded by Councilman TeWinkle and carried, the claim was denied. The claim -of Ben Ortega, 1915 Wallace Avenue, was deferredp ending receipt of AP number. The City Manager asked the Council's opinion regarding a request from the Costa Mesa Elementary School District concerning the waiving of inspection fees. The consensus of opinion was that the fees should not be waived. INTERSECTION The City Manager reported the approximate cost of the improvement of 18th & Tustin the intersection at 18th & Tustin would be $6,700; that it would not be necessary to lower water lines; and that the City Engineer recommended the work be done concurrently with the improvement of Rochester Street. INTERSECTION The approximate cost of the improvement of the intersection of Victoria Victoria & Pomona and Pomona was set at $4,700.00 which the City Engineer also recommended be done concurrently with the improvements being done by the subdivider.' Upon motion of Councilman Pinkley, seconded by Councilman Martin, and carried, the City Engineer was authorized to proceed,T,rith the engineer- . ing estimates and to file such applications as are necessary with the State and County. 199 The monthly summary of police activities was heard. VARIANCE #73 Mr, i. -E..Heacock and Mr. A. H. Shipkey were present regarding cli ertain work demanded -by theCity ngineer to be done in connection with construction of a service station at 2255 -Harbor Boulevard (Variance No. 73). After discussion and on motion of Councilman Smith, seconded by Councilman Pinkley, and carried, the Council referred the matter to the City Manager and the City Engineer, giving them authority to act. A meeting was scheduled for Wednesday morning, January 19, when Messrs Shipkey and Heacock could meet with the City Manager and'the-City Engineer. Upon motion of Councilman Smith, seconded by Councilman Pinkley, and carried, the meeting adjourned to January 24, 1955, at 7:30 P.M. Mayor of t1fe Tity of Costa s 7� City Clerk of the ity o Costa Mesa 1 i