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HomeMy WebLinkAbout02/07/1955 - City CouncilREGULAR 112EETING OF THE CITY COUNCIL CITY OF COSTA I"LSA February7, 1955 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 P.M., February 7, 1955, at the Newrport Justice Court, 567 West 18th Street, followed by the Pledge of Allegiance to the Flag, and invocation by Councilman Martin. ROLL CALL: Councilmen Present: Martin, Smith, Pinkley, Tedinkle and Nelson. Officials Present: City Attorney, City Manager, City Treasurer, City Clerk. MINUTES: On motion of Councilman Pinkley, seconded by Councilman Martin, and carried, the reading of the minutes of January 24, 1955, was waived and approved as written. On motion of Councilman Pinkley, seconded by Councilman Martin, and carried, the reading of the minutes of January 31, 1955, was waived and approved as written. 0 BID OPENING The City Clerk opened and read proposals from five automobile dealers < ON TRUCES submitting firm bids as follows on a one-half tonpickup and a one ton panel truce.: Joe Nickertz, 3115 NetiTport Blvd., Newport Beach 1955 Model Std. Half -ton Pickup - Studebaker }1,420lL,00, plus sales tax and license fees Tommy Ayres Chevrolet, 350 Broadway, Laguna Beach Chevrolet 1/2 ton pickup truck_ ....`1,380.65 includes sales tax Miller Chevrolet, 2181 Coast Highway, Newport Beach 1955 Model 1/2 ton pickup - 1,113.68 - net price Theodore Robins, 3100 West Coast Hiway, Newport Beach 1955 Ford 61 1/2 ton pickup 1,389.26 including sales tax W. W. IVoods, 615-19 East Fourth Street, Santa Ana Standard 1/2 ton G1 -'1C pickup 1,422.34 plus sales tax only GMC one -ton Deluxe Panel 21269.24 If If 11 it Councilman Smith moved that as only bne bid tihich he deemed competitive had been received on a one -ton panel truck, that the bid of W. H. Woods be accepted, and inasmuch as $1,000 had been donated by the Lions Club and %oo by the Volunteer Firemen, that the City Manager be authorized to purchase same. The motion was seconded by Councilman Pinkley and carried by the followring roll call vote: AYES: Councilmen Nelson, Martin, Pinkley, Smith and TeWinkle NOES: Councilmen - none ABSENT: Councilmen - None On the purchase of a half -ton pickup truck, the bids were referred to the City Manager for study and recommendation to the Council•on motion of Cou ncilman TeWinkle, seconded by Councilman Pinkley and carried. Mayor Nelson announced that the public hearing which has been duly PUBLICHEAR- published and set for this time and date, for an amencimerit to the Zoning ING (Re -zoning Ordinance as described in Rezoning Petition No. 5, was now open. The Permit #5 - City Clerk reported that a petition bearing 16 signatures of property E. 18th St.) owners had been filed, protesting the proposed change in zoning. The Clerk further reported that proof of the Notice of Public Hearing is on file in the office of the City Clerk. i Approximately forty people were present for the hearing. urine people spoke in favor of the rezoning of 'East 18th Street including people both in the area proposed to be rezoned and outside of said area, and presented their reasons for requesting the rezoning. One property owner spoke in protest of the rezoning. The City Council, after hearing all the people desiring to speak on the subject, either for or against same,.blosed the hearing on motion of Councilman Smith, seconded by Councilman Pinkley, and carried. IMPROVE5__;NT Upon the request of Leland Fogg, Secretary of Westwind Builders, Inc., OF 'tiALNUT & and on motion of Councilman TO inkle, seconded by Councilman Smith, and ESTHER ST. carried, the City Attorney and City Engineer were instructed to do the preliminary legal and engineering ,,cork necessary to commence proceedings under the Street Opening Act for the improvement of ':Talnut Place and Esther Street, between Raymond and. Tustin Avenues. iMPROVK,1E,NT Upon the request of "E. L. Patterson, and on motion of Councilman Smith, &EXTENSION seconded by Councilman Te+nlinkle, and carried, the City Attorney and OF CECIL, City Engineer were instructed to do the necessary preliminary engineer - ALBERT & ing and legal work to commence proceedings under the Street Opening Act VIRGINIA PL for the extension of Cecil, Albert and Virginia Streets between Orange and Santa Ana Avenues. In this connection Mr. Harland L. eTeaver, contractor and subdivider, 147 S. Saltaire Avenue, Los Angeles, was present to seek information ona proposed subdivision in this area. In connection with the above two requests, the City Attorney suggested that the Council give some t1r ught to the preliminary cost involved in such proceedings and recommended that a cash bond be posted to take care of expenses incurred in the event the proceedings are dropped. Council- man Smith suggested that a petition be circulated to get a consensus of opinion, thus indicating to the Council that a sufficient percentage of people are interested in opening the street and upon presentation of such petition the Council would then instruct the City Attorney and City Engineer tt proceed with the preliminary work. The City Manager -reported on his study of the legislation of other cities concerning the innoculation of canines against -rabies. Out of fourteen REPORT ON cities'contacted, replies had been received from all but two and only LEGISLATION? FOR San Clemente had such legislation requiring innoculation. Information CONTROL OF from Dr. Russell of the County Health Department revealed. that up RABIES to this point no steps have been taken to make vaccination mandatory; that the County rates high in rabies control in the State which fact is attributed to their practice of picking up strays and to their license system. The cities of Brea and Fullerton feel that the adoption of leash laws is a satisfactory answer to the problem. On motion of Councilman Pinkley, seconded by Councilman Martin, and carried, the report was accepted and ordered filed. A letter was read from the American Mission Array, 6210 Otis Avenue,Bell, California, requesting permission to solicit used bibles and funds end to distribute Christian literature within the City. On motion of Councilman Martin, seconded by Councilman Pinkley, and carried, the request was referred to the Chief of Police for investigation and report to the Council. On motion of Councilman Pinkley, seconded by Councilman Smith, the Council voted to approve the application to rezone portions of Lots 121, 122 and 132 of Newport Heights and portion of Lot 16, Block A of the Harper Tract, Newport Heights, from R-4 to C-1. The motion caeried b;; the following roll call vote: AYES: Councilmen Martin, Nelson, Smith, Pinkley and Te^Tinkle NOES: Councilmen - None ABSENT: Councilmen - None ORDINANCE #78 On motion of Councilman Pinkley, seconded by Councilman Smith, and (Amend.Ord.32- carried, the City Attorney was instructed to prepare a draft of Ordinande E. 18th St. 78 to amend Ordinance No. 32 for the rezoning of East 18th Street as set forth in Rezoning Petition No. 5. Mr. Raymond`Eastraan was present to seek information as to the progress EASTMAN being made on the reconstruction of his property located at the corner PROPERTY of W. 18th Street and Newport Blvd. He was assured by the City Attorney that certain steps had been taken and an appointment was made for the following day for Mr. Eastman to discuss the matter with the City Attorney.:. A letter frora the Newport Harbor Union High School was read requesting assistance from the City Council in securing a free site in the Old Santa Ana Air Base for a second unit of the Newport Harbor Union High School. On motion of Councilman Smith, seconded by Councilman Pinkley, and unanimously carried, the letter was referred to the City Manager. IMPROVE5__;NT Upon the request of Leland Fogg, Secretary of Westwind Builders, Inc., OF 'tiALNUT & and on motion of Councilman TO inkle, seconded by Councilman Smith, and ESTHER ST. carried, the City Attorney and City Engineer were instructed to do the preliminary legal and engineering ,,cork necessary to commence proceedings under the Street Opening Act for the improvement of ':Talnut Place and Esther Street, between Raymond and. Tustin Avenues. iMPROVK,1E,NT Upon the request of "E. L. Patterson, and on motion of Councilman Smith, &EXTENSION seconded by Councilman Te+nlinkle, and carried, the City Attorney and OF CECIL, City Engineer were instructed to do the necessary preliminary engineer - ALBERT & ing and legal work to commence proceedings under the Street Opening Act VIRGINIA PL for the extension of Cecil, Albert and Virginia Streets between Orange and Santa Ana Avenues. In this connection Mr. Harland L. eTeaver, contractor and subdivider, 147 S. Saltaire Avenue, Los Angeles, was present to seek information ona proposed subdivision in this area. In connection with the above two requests, the City Attorney suggested that the Council give some t1r ught to the preliminary cost involved in such proceedings and recommended that a cash bond be posted to take care of expenses incurred in the event the proceedings are dropped. Council- man Smith suggested that a petition be circulated to get a consensus of opinion, thus indicating to the Council that a sufficient percentage of people are interested in opening the street and upon presentation of such petition the Council would then instruct the City Attorney and City Engineer tt proceed with the preliminary work. The City Manager -reported on his study of the legislation of other cities concerning the innoculation of canines against -rabies. Out of fourteen REPORT ON cities'contacted, replies had been received from all but two and only LEGISLATION? FOR San Clemente had such legislation requiring innoculation. Information CONTROL OF from Dr. Russell of the County Health Department revealed. that up RABIES to this point no steps have been taken to make vaccination mandatory; that the County rates high in rabies control in the State which fact is attributed to their practice of picking up strays and to their license system. The cities of Brea and Fullerton feel that the adoption of leash laws is a satisfactory answer to the problem. On motion of Councilman Pinkley, seconded by Councilman Martin, and carried, the report was accepted and ordered filed. A letter was read from the American Mission Array, 6210 Otis Avenue,Bell, California, requesting permission to solicit used bibles and funds end to distribute Christian literature within the City. On motion of Councilman Martin, seconded by Councilman Pinkley, and carried, the request was referred to the Chief of Police for investigation and report to the Council. On•motion of Councilman Pinkley, seconded by Tedinkle and unanimously carried, the request of the -Orange County Society for Crippled Children and Adults to sell paper lapelEasterlilies on the streets of Costa Mesa, March 25-26 was approved and fee waived. On motion of Councilman Smith, seconded by Councilman Pinkley, and carried, the application for business license submitted in the name of Jennie M. Henion to operate a used furniture business at 262. Newport Blvd., to be known as "I -T itney's Ark" was approved. On motion of Councilman Smith, seconded by Councilman TeWinkle, and carried,• the request of William E. George, 211 West Tdilson, to encroach upon a City street with macadam in repairing and reworking a driveway, was referred to the City's Street Department. ORDINANCE, T#77 ('mend. Ord Ordinance No. 77, being "AN ORDINANCE AMENDING ARTICLE III, SECTION -32- 3.2 OF ORDINANCE NO. 32, BEING ENTITLED tTHE LAND USE ORDINANCE OF W. 19th St.) THE CITY OF COSTA MESAL" was presented for second reading. After 2nd Reading full reading _thereof Councilman Smith moved the adoption of Ordinance No. 77. The motion was seconded by Councilman Martin and carried by the following roll call vote: AYES: Councilmen Martin, Nelson, Smith, Pinkley and Telifinkle. NOES: Councilmen - None ABSENT: Councilmen - None TENTATIVE MAP Tentative Map of Tract No. 2313 was submitted in the name of Dike TRACT F,"231.3 & Colegrove, 119 E. 17th St., being a subdivision of the East 1/2 of the South 1/2 of Lot 22, of Fairview Farms. On motion of Councilman Smith, seconded by Councilman Pinkley, and carried, the map was .approved as recommended by the City Engineer, to -wit: subject to construction of street improvements in accordance with City standards and grades established by the Engineering Department and provided further that sanitary sewers and water pipe lines be installed by the subdivider. VARIANCE ,#94 Variance Application No. 94 was submitted in the name of G. E. Arbogast, 1571 Orange Avenue for to-operate permission to operate a bicycle repair shop in an existing building at rear of his in an R-4 zone. Approval of five adjacent property owners was also submitted. On motion of Councilman Tefinkle, seconded by Councilman Martin, and carried, the application was approved with the provision that the business be limited to a one-man operation, that a non-transferrable permit be issued to Mr. Arbogast, and that the right of advertising signs be denied. VARIANCE #95 Variance Application No.'95 was submitted in the name of W. E. Fisher, 303. East, Coast Blvd,, Corona del Mar, requesting permission to build an industrial building on the rear lot line and to clarify off-street Parking at 120 Industrial Way. (This building to be on property adjacent to that covered by Variance No. 58). On motion of Councilman Smith, seconded by Councilman Martin, and carried, the application was approved as recommended by the Planning Commission with the provision that the right of retail sales be restricted to automobiles and parts. FINAL MAP Final Map of Tract No.'2313 was submitted in the name of Dike & Colegrove, TRACT #2313 subdividers, together with a check in the amount of $376.61, covering fees. Thereupon Resolution No. 108, a resolution "APPROVING THE MAP OF TRACT NO. 2313 AND ACCEPTING THE STREETSAND ALLEYS N THEREON RESOLUTION #108 .SHOTr FOR PUBLIC USE FOR HIGHWAY PURPOSES.AND AUTHORIZING TIE CITY CLEPJC.TO SIGN SAID MAP UPON RECEIPT OF ACCEPTABLE PERFORMANCE BONDS FOR IMPROVEMENTS" was presented. Councilman Smith moved the adoption of Resolution No. 108. The motion was seconded by Councilman Pinkley and carried by the following roll call vote: AYES: Councilmen Nelson, Martin, Pinkley, Smith and TeWinkle NOES: Councilmen - None ABSENT: Councilmen,- None REF: BUILDING In connection with application for Building Moving Permit No. 66, MOVING PERMIT to move a house from 789 -19th -Street, to 1992 Meyer Place, which ;#66 application has not yet been approved by either the Planning Commission or the City Council, Mrs. Beth Bass, of Bass House Sales, 1644 West 227th Street, Torrance, TTas present to request pe Fission to "store" 0 is the house on an adjacent lot until such time as the application is approved. Mrs. Bass presented a letter from the property owner at 787 6Jest 19th Street, giving approval for such "storage' -on the condition the house would be removed by March 7, 1955. Councilman Smith moved that the req_ubst be granted on the condition that a bond be posted in the amount of ;2,000.00 in favor of the City of Costa Mesa, and that in the event the application is not approved by the Planning Commission or the City Council, the building shall be removed within thirty (30) days to a site outside the City limits. The motion T,Tas seconded by Councilman Teidinkle and was unanimously carried. TRACT f#1865 A letter was read from the City 'Engineer advising the Council that the (Release of improvements on Tract No. 1865 have been installed in accordance with Bond) y the plans and specifications. On motion of Councilman Pinkley, seconded by Councilman Te6Jinkle, and carried, the improvements on Tract No. 1865 were accepted and the bond of the subdivider ordered released. Upon the recommendation of the City Manager and on motion of Councilman Te4inikle, seconded by Councilman Pinkley, and carried, the City Attorney was instructed to amend Ordinance No. 32, clarifying the granting of land use variances. Upon the recommendation of the City Manager and orinotion of Councilman Smith, seconded by Councilman Pinkley, and carried, the City Attorney was instructed to amend Ordinance No. 25, delegating certain City officials to act on requests forfree licenses from non-profit organizations. On motion of Councilman Smith, seconded by Councilman Pinkley, and carried, the City Attorney, City Engineer and City Manager were instructed to make a study of Section 3.1 of Ordinance No. 47 to clarify the section pertaining to the provision of alleys. W RESOLUTION Upon the recommendation of the City Manager and on motion of Councilman NO. 109 Pinkley, seconded by Councilman Martin, and carried, Resolution No. 109, (Newport Blvd a resolution of the City Council URGING THE CALIFORNIA I-LGIfiIPTAY COMMISSION Divided Hiway) TO RESCIND Ti-1IR DECLARATION MAKING AT:N r'dPORT BOULEVARD A FREE IAY AND TO DECLARE NEWPORT BOULEVARD FROM 20TH STREET TO PALISADES ROAD A DIVIDED HIGF5JTAY WITH LIMITED CROSSINGS AND T�=HOUT SERVICE ROADS, was adopted by the following -roll call vote: AYES: Councilmen Martin, Pinkley, Smith, Te'^Iinkle and Nelson NOES: Councilmen - None ABSENT: Councilmen - None The City Manager advised the Council that it vTould be more expedient aid also less expensive to have criminal cases tried by a local prosecuting attorney and suggested that consideration be given to the appointment of Donald Dungan. On motion of Councilman Smith, seconded by Councilman Tedinkle, and carried, this matter was tabled until the next meeting. Upon the recommendation of the City Manager and on motion of Councilman SPECIAL Pinkley, seconded by Councilman Smith, the City Clerk was instructed to CENSUS direct a letter to the Federal Census Bureau requesting a special census, for the City of Costa Mesa. The motion carried by the following roll call vote: AYES: Councilmen Martin, Pinkley, Smith, Tellinkle and Nelson TOES: Councilmen - None ABSENT: Councilmen - None 1 Upon the motion of Councilman Teniinkle, seconded by Councilman Smith, RESIGNATION and carried, the resignation of 4illard B. Mellott, as a member of OF MR. MELLOTT the Planning Conmission, was accepted and the City Clerk instructed to FROM PLANNING direct a letter to Mr. Mellott conveying the appreciation of the COi,UJIISSION Council for his fine work on the Commission. TARRANT Warrant Resolution IIo�- ,dR-38, a resolution "ALLO`.7I�iG CERTAIN CLAZiiS RESOLUTION AND DEMANDS, INCLUDING PAYROLL NO. 111-, was read. It was moved by tJR-38 Councilman Telfinkle that �Jarrant Resolution No. WR -3 be adopted. The motion was seconded by Councilman Pinkney and carried by the following roll call vote: AYES: Councilmen Martin, Pinkley, Smith, Te;linkle and Nelson. NOES: Councilmen - I,Tone ABSENT: Councilmen - None Upon the recommendation of the City Manager and on motion of Councilman Te4inikle, seconded by Councilman Pinkley, and carried, the City Attorney was instructed to amend Ordinance No. 32, clarifying the granting of land use variances. Upon the recommendation of the City Manager and orinotion of Councilman Smith, seconded by Councilman Pinkley, and carried, the City Attorney was instructed to amend Ordinance No. 25, delegating certain City officials to act on requests forfree licenses from non-profit organizations. On motion of Councilman Smith, seconded by Councilman Pinkley, and carried, the City Attorney, City Engineer and City Manager were instructed to make a study of Section 3.1 of Ordinance No. 47 to clarify the section pertaining to the provision of alleys. W RESOLUTION Upon the recommendation of the City Manager and on motion of Councilman NO. 109 Pinkley, seconded by Councilman Martin, and carried, Resolution No. 109, (Newport Blvd a resolution of the City Council URGING THE CALIFORNIA I-LGIfiIPTAY COMMISSION Divided Hiway) TO RESCIND Ti-1IR DECLARATION MAKING AT:N r'dPORT BOULEVARD A FREE IAY AND TO DECLARE NEWPORT BOULEVARD FROM 20TH STREET TO PALISADES ROAD A DIVIDED HIGF5JTAY WITH LIMITED CROSSINGS AND T�=HOUT SERVICE ROADS, was adopted by the following -roll call vote: AYES: Councilmen Martin, Pinkley, Smith, Te'^Iinkle and Nelson NOES: Councilmen - None ABSENT: Councilmen - None The City Manager advised the Council that it vTould be more expedient aid also less expensive to have criminal cases tried by a local prosecuting attorney and suggested that consideration be given to the appointment of Donald Dungan. On motion of Councilman Smith, seconded by Councilman Tedinkle, and carried, this matter was tabled until the next meeting. Upon the recommendation of the City Manager and on motion of Councilman SPECIAL Pinkley, seconded by Councilman Smith, the City Clerk was instructed to CENSUS direct a letter to the Federal Census Bureau requesting a special census, for the City of Costa Mesa. The motion carried by the following roll call vote: AYES: Councilmen Martin, Pinkley, Smith, Tellinkle and Nelson TOES: Councilmen - None ABSENT: Councilmen - None 1 U! U01 On motion of Councilman Tedinkle, seconded by Councilman Martin, and carried, the City Manager was granted permission to attend the Convention of City Managers to be held in Santa Rosa on Feburary 23-2Z;.-25. Upon motion of Councilman Smith,seconded by Councilman TeWinkle, and carried, an invitation was extended to the Boy Scouts to take over the duties of the City'Council at its adjourned meeting to be held Monday, February- 14, 7:30 PblI. On motion duly made and carried, the me©ting adjourned at 11:10 P.M. to Febrfiary 1L, 1955. Payor of the ity of COS a rlesa Ci-bf Clerk of the City o/ Costa Mesa C4 - 10