HomeMy WebLinkAbout03/07/1955 - City Council218
ROLL CALL
MINUTES
R_ sULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
March 7, 1955
The City Council of the City of Costa 114esa, California, met in regular
session at 7:30 P.M., March 7, 1955, at the Newport Justice Court,
567 ?=,Test 18th Street, Costa Mesa. The meeting was called to order by
Mayor Nelson, followed by the Pledge of Allegiance to the Flag and
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invocation by Councilman Martin.
Councilmen Present: Martin, Smith, Pinkley, Te'udinkle and Nelson.
Officials Present: City Attorney Dungan, City Manager Coffey and
City Clerk Swartz.
On motion of Councilman Pinkley, seconded by Councilman (Martin, and
carried, the reading of the minutes of February 21, 1955, was waived and
they were approved as written.:
VEHICLE, The Clerk announced that this was the time and place fi:,ed for the
P.ARIrING DISTRICT hearing of protests and objections against the formation of Vehicle
#2-PublHearing Paring District No. -2. The Mayor thereupon declared the hearing open.
The Clerk reported that the affidavits and proof of the publication of
the Ordinance of Intention, the mailing of notices of adoption of said
Ordinance of Intention,as required by law, the affidavit of the posting
of streets, had been made and are on file in the Office of the City
Clerk. The Clerk reported that no protests had been -received from
property owners within the proposed Vehicle Parking District. On motion
of Councilman Martin, seconded by Councilman Smith and unanimously
carried the Council found that less than one-half of the value within
the proposed district had filed written protests and that the hearing
should proceed to determine whether or not the public necessity and
convenience required the acquisition.
Dr. W. J. Count?, through his attorney, George Penney, protested the
formation of the proposed district and statements were made by Dr.
Cownn, Ralph Maskey and George Penney, setting forth their arguments
why such district should not be formed. Mr. Howard Lawson, one of the,
owners in the proposed district, spoke in favor of the formation there-
of and urged the Council to form the district.
There being no other person in the audience desiring to speak on the
question, it was moved by Councilman PinkieT,seconded by Councilman Smith,
and carried, that the hearing be continued until March 21, 1955; at
7:30 P.M., and that the matter be referred to the Planning Commission
for their recommendation as to enlarging the proposed Parking District
and that the Coinlaission make its report back to the Council prior to
March 21, 1955.
VARD The Clerk reported that this was the time and place fixed for the hearing
ANEIATION of protests or objections against the proposed "Vard Annexation". . The
Clerk reported that the affidavits and proof of the publication of
the Resolution of Intention, as required by law, had been made and are
on file in the Office, of the City Clerk. The Mayor thereupon declared
the hearing open.
The Mayor requested all persons who wished to speak on the proposed
annexation to do so. No person desired to speak except the representa-
tive of Vard Company who urged. the Council to annex the proposed territory
and on motion of Councilman Martin, seconded by Councilman Smith,
and carried, the public hearing was declared closed.
ORDINANCE Thereupon Ordinance No. 82, an "ORDINANCE OFT ++ CITY OF COSTA Iv c+SA
r82 (Vard APPROVING THE ANNEE)ATION OF CERTAIN U11UNHABI`FED TERRITORY CONTIGUOUS
Annexation) TO TIE CITY OF COSTA MESA, IN THE COUNTY OF ORANGE, 1NO,�TN AS TVARD
1st Reading Al\1TE,_KATIONT11 was introduced by Councilman Smith. Following reading
of the Ordinance, Councilman Smith moved that this constitute the first
reading of Ordinance No. 82. The motion was seconded by Councilman
TeVinkle and carried by the following roll call vote:
AYES: Councilmen Martin, Smith, Pinkley, TeWinkle and Nelson
NOES: Councilmen - None
ABSENT: Councilmen - None
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TENTATIVE Tentative Map of . Tract ;T2562 was submitted in the name of Max Pope,
MAP ;2562 Inc., to permit the subdivison of Lots -273 and 274, Xewport Heights
Tract, into 43 parcels. Owners of property from the adjacent areas
on 21st and 22nd Streets were present to protest the proposed
subdivision in that it would aggravate the present drainage problem
and that it would cut off access to the rear of those lots on
22nd Street. On motion of Councilman TeWinkle, seconded by Councilman
Smith, and carried, the matter was continued until the next regular
meeting at which time the Council must be shown some definite steps
taken by property owners on 22nd Street of their intent to form an
Improvement District.
At this time the Mayor was presented with a gavel by Art Meyers for
which the Mayor thanked him on behalf of the entire Council.
TENTATIVE Tentative Map of Tract ;x2551 was submitted in the name'of Harland L.
MAP -#2551 Weaver, Inc., 147 South Saltaire Avenue, Los Angeles 49, for the
subdivision of a portion of Lot 314, Newport Heights, into 14 parcels.
On motion of Councilman Smith, seconded by Councilman Martin, and
carried, the matter was tabled until the propery owners on 22nd Street
have formulated their Improvement District.
Bailey Abbott, 356 Ramona Way, was present to ask Council study of
' the drainage and unsanitary condition which exists on his lot caused
by the subdivison of land adjacent to his property. The matter was
referred to the City Manager for study and report to the Council.
ISE SUBDIVISION Art Adair, realtor, was present to seek Council assistance in obtaining
APPLICATION building permits for the purchasers of the two lots owned by B. H.
#2 (Vincent) Vincent (covered by Subdivision Application #, approved by the City
Council at their meeting of December 20, 1954, on -the condition that
curbs and gutters be installed on the Orange Avenue frontage, paved
to existing pavement over entire 99' as recommended by the City Engineer
and on posting of a bond to extend for a period of one year).
Because it is impracticable to install the street improvements at this
time Councilman Smith moved that the Council rescind its action of
December 20. The motion,was seconded by Councilman Pinkley and carried.
Thereupon Councilman Smith moved that in lieu of the required bond,
that an amount of $297 be deposited in Trust Funds, divided equally
for each of the two parcels involved, to cover street improvements to
be done and that upon such deposit with the City, that the Building
Department be authorized to issue the building pe units, and that in the
event the property owners in said block install curbs, gutters and
street improvements either voluntarily or by improvement district, that
the City shall assume the obligation of paying the portion payable by
said.two parcels of property.
Councilman Smith moved that a refund in the amount of $38.00 be
issued to Louis Markel to reimburse him for engineering fees incurred
in connection with the above two. parcels of land. Themotion was
seconded by Councilman Martin and carried by the following roll call
vote:
AYES: Councilmen Iiartin, Smith, Pinkley, Tedinkle and Nelson
NOES: Councilmen - None
ABSENT: Councilmen - None
WRITTEN A letter was read from Don Huddleston calling the Council's attention
C0M1,1UNICA- to unfavorable publicity that the City has received in connection
TIONS with the improvements required of prospective industrial concerns.
On motion of Councilman Pinkley, seconded by Councilman Te�,linkle,
and carried, the letter was ordered filed.
A letter was read from the Costa Mesa Chamber of Commerce requesting
the Council and the Planning Commission to reaffirm their stand
against all oil drilling within or.encroaching upon the City limits.
On motion of Councilman TeWinkle, seconded by Councilman Pinkley, and
carried, the letter was ordered filed.
A certified franchise statement was submitted from the Southern
Counties Gas Company of California, including payment for the year
ended December 31, 1954, for the use, operation and possession of
the Franchise, said payment in amount of $5, 8L.3.00. On motion of
Councilman Pinkley, seconded by Councilman TeWinkle, and carried,
the statement was ordered filed with the City Manager.
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ORDINANCE ;163
(Taxi -cabs)
2nd Reading
On motion of Councilman Pinkley, seconded by Councilman TeIlfinkle,
aid carried, the statement, together with a franchise payment in
the amount of $2,022.45, submitted from the Southern California
Edison Company, was accepted and ordered filed with the City Manager.
Ordinance ;/63, being "APT ORDINANCE OF THE CITY OF COSTA MESA, CALIFORNIA,
REGULATING AND LICENSING TAXICABS AND MOTOR .BUSES AND THE DRIVERS
THEREOF AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF" was presented
for second reading. After full_ _reading thereof, Councilman TeWinkle
moved the adoption of Ordinance #63. The motion was seconded by
Councilman Martin and carried by the following roll call vote:
AYES: Councilmen Martin, Smith, Pinkley, Te,Jinkle and Nelson
NOES: Councilmen - None
ABSEr"�rT: Councilmen - None
ORDINANCE n6Z
Ordinance #64,_ being "AN ORDINANCE OF THE CITY OF COSTA MESA
(Patrol)
REGULATING PATROL SYSTEMS AND PATROL SERVIC1" was presented for
2nd Reathng
second reading. After full reading thereof, Councilman TerJinkle
Dved the adoption of Ordinance ,-64. The motion was seconded by
Councilman Pin'cl ey and carried by .the following roll call vote:
AYES: - Councilmen Martin,' Smith, Pinkley, Te!rli kle and Nelson
NOES: Councilmen - None
ABSENT: Councilmen - None
ORDINANCE F`79
Ordinance ;l79, being "APT ORDINANCE OF TIE CITY OF COSTA MESA
(Terms, appointive
ESTABLISHING TERMS OF OFFICE FOR APPOINTIVE OFFICES, BOARDS AND
offices) '
COMMISSIONS" was presented for second reading. Following reading
2nd Reading
of the -title, Councilman Pinlzley moved that further reading of the
Ordinance be waived and that it be read by title only. The motion
_was seconded by Councilman Pinkley moved that further reading of
the Ordinance be waived and that it be read by title only. The
motion -was seconded b5r Councilman Martin and carried. Thereupon
Councilman Martin moved the adoption of Ordinance !-/79. The motion
was seconded by Councilman Pinkley and carried by the following roll
call vote:
AYES: Councilmen Martin, Smith, Pinkley, Tei,vinkle and Nelson
NOES: Councilmen - None
ABSENT: Councilmen - None
ORDIN.ANCE ;x'80
Ordinance No. 80, being "AN ORDINANCE AIIENDING .SECTION 1 OF
(A�iiend. #32)
ARTICLE II AND SECTION 10.3 OF ARTICLE X AND SECTION 4_.4-B OF
2nd Reading
ARTICLE, IV OF ORDINANCE NO. 32, BEING ENTITLED TIS LAND USE ORDINANCE"
was presented for second reading. Following reading of the title,
Councilman Smith moved that further reading of the Ordinance be
waived and that it be read by title only. The motion was seconded
by Councilman Pinkley and carried. Thereupon Councilman Te6,Jinkle
moved the adoption of Ordinance No. 80. The motion was seconded by
Councilman Pinkley and carried by the following roll call vote:
AYES: Councilmen Martin, Smith, Pinkley, Te? -.Tinkle and Nelson
NOES: Councilmen.- None
ABSENT: Councilmen.- None
ORDINANCE ;81
Ordinance No. 81, being "AN ORDINANCE OF THE CITY OF COSTA MESA
(Amend. rr25)
AI1/iEI1,TDING SECTION 15 OF ARTICLE VIII OF ORDINANCE NO. 25, BEING
2nd Reading
EUTITLED 'AN ORDINANCE OF THE CITY OF COSTA VESA, CALIFORNIA.
F0171DING FOR LICEI`TSING AND REGULATIPTG THE CARRYING OiI OF VARIOUS
PROFESSIONS, TRADES, CALLINGS, BUSIIESSES AND OCCUPATIONS AND PRESCRIB-
ING A PENALTY FOR THE VIOLATION THEREOF" was presented for second
-reading. Following reading of the title, Councilman Smith moved that
further reading of the Ordinance be waived and that it be read by
title only. The motion was seconded by Councilman Te ^Jinkle and
carried. Thereupon Councilman Pinkley moved the adoption of Ordinance
No. 81. The .motion was seconded by Councilman Tet,,Jinkle and carried
by the following roll call vote:
AYES: Councilmen Martin, Smith, Pinkley, Te?°Jinkle and Nelson
NOES: Councilmen - None
ABSEIL 1 : Councilmen - None
FINAL MAP OF Final map for the subdivision of Tract No. 2466 was submitted in the
TRACT #2466 name of Odis Hi. Clark, for the subdivision of the southwesterly half
of Lot 21, Net,,,rport Heights Tract, together with a check in the amount
RESOLUTION of ;279.26 to cover the necessary fees. Thereupon Resolution No. 111,
INTO. 111 a resolution "APPROVING .TIE NEAP OF TRACT '21166 AND ACCEPTING THE, STREETS
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AND ALLY S SHOWN THEREON FOR PUBLIC, USE FOR HIGHWAY PURPOSES
AND AUTHORIZING THE CITY CLERK TO SIGN SAID MAP UPON RECEIPT OF
ACCEPTABLE PERFORMANCE BONDS AND AUTHORIZING THE NiAYOR'AND THE
CITY -CLERK -TO SIGN THE AGREEMENT" was presented. Councilman Smith
moved the adoption of Resolution No. 111. The motion was seconded
by Councilman TeWinkle and carried by the following roll call
vote:
-AYES: Councilmen Martin, Smith, Pinkley, Telminkle and Nelson
VARIANCE, #103 Upon the recommendation of the Planning Commission and on motion of
Councilman TeWinkle.,seconded by Councilman Martin, the request of
Oliver G. Roth, 939 Cedar Street, for a refund of the variance fee
as his application has been withdrawn, was approved by the following
roll,call vote:
AYES: Councilmen Martin, Smith, Pinkley, Tel, Tinkle and Nelson
NOES: Councilmen - None
ABSENT: Councilmen - None
VARIANCE ;105 Variance Application No. 105 was submitted in the name of Mary and
Leo Fryer, 246 Flower Street, to permit the extension of eaves to
project 21-6" into side yard and to allow front porch within 6" of
property line. Upon the recommendation of the-Planr_ing.Commission
and on motion of Counci7rian Pinkley, seconded by Councilman Te;,,Tinkle
and carried, the application was approved.
ALOHA TRAILER A letter was read from Dorothy Bell.req_uesting an extension df 60 :days
PARK (Var.;#61) in which to complete the work required by the Council at their November
-.l, 1954, meeting, to bring the Aloha Trailer Park to State and City
specifications. A letter from the Building Official was read reporting
that approximately 20=25;0 of the necessary work has been completed.
On motion of Councilman Te'dinkle, seconded by Councilman Smith, and
carried, a 60 -day extension of .time was granted_ starting from March 7.
NOES: Councilmen - None
ABSENT: Councilmen - None
ORDINANCE #83
(Amend ;#'25-
Ordinance No. 83, an urgency ordinance "AMENDING SECTION 13 OF
ARTICLE X_ OF ORDINANCE NO. 25, BEING ENTITLED 'AN ORDINANCE OF
Closeout Sales)
THE -CITY OF COSTA MESA, CALIFORNIA, PROVIDING FOR LICENSING IND
URGENCY
REGULATING THE CARRYING ON OF VARIOUS PROFESSIONS, TRADES, CALLINGS,
lst Reading
BUSINESSES AND OCCUPATIONS AND PRESCRIBING A PENALTY FOR THE VIOLATION
THEREOF" was presented for first reading. Folloi-ring reading of
the Ordinance, Councilman Smith moved that this constitute the first
reading of Ordinance No. 83. The motion was seconded by Councilman
Pinkley and carried by the following roll call vote:
AYES: Councilmen Martin, Smith, Pinkley, TeWinkle and Nelson
NOES: Councilmen - None
ABSENT: Councilmen-- None
PERMITS
On motion of. Councilman Pinkley, seconded by Councilman Smith, and
carried, the request of the Veterans of Foreign t-vars to hold a dance
March 18 and for each Friday night for the balance of the fiscal year,
was approved and the fee waived.
On motion of Councilman Martin, seconded by Councilman Pinkley, and
carried., the request of the Patch Club to hold a dance at the American
Legion Hall, March 19, was approved and the fee waived.
ORDINANCE n84
ORDINANCE N0. 84, "AN ORDINANCE OF THE -CITY OF COSTA MESA DECLARING
Eastman
ITS INTENT1ION TO ORDER THF, VACATION OF A PORTION OF WEST 18TH STREET"
property
was introduced by Counci]m.an Martin. After full reading of the
1st Reading
Ordinance, Councilman Martin moved that this constitute the first
reading of Ordinance No. 84. The motion was seconded by Councilman
Pin1_sley and carried by the following roll call vote:
AYES: CouncilmenMartin, Smith, Pinkley, TeWinkle and Nelson
NOES: Councilmen - None - Absent:, None
RESOLUTION
NO. 111-A
On motion::b_- -Martin .seconded by_P nkley Res. ;- 111-A !'ACCEPTING DEED AND
b
EW OJ; RIGH OF SIA FROM R�X40�TL EA TNIANN Tgom�" bI�ras a cepptoalssem
VARIANCE #101
o owing vo e: �S• liar in, v, rr1ith� e4Nin11e�,j�Te sgh' % 1�T ne.
Variance Application X101 was su mi ed In ne name of Harbor
of God, for the construction of a church on West Victoria Street. Upon
the recommendation of the Planning Commission and on motion of
Councilman Smith,seconded by Councilman Pinkley, and carried, the
application was approved.
VARIANCE, #103 Upon the recommendation of the Planning Commission and on motion of
Councilman TeWinkle.,seconded by Councilman Martin, the request of
Oliver G. Roth, 939 Cedar Street, for a refund of the variance fee
as his application has been withdrawn, was approved by the following
roll,call vote:
AYES: Councilmen Martin, Smith, Pinkley, Tel, Tinkle and Nelson
NOES: Councilmen - None
ABSENT: Councilmen - None
VARIANCE ;105 Variance Application No. 105 was submitted in the name of Mary and
Leo Fryer, 246 Flower Street, to permit the extension of eaves to
project 21-6" into side yard and to allow front porch within 6" of
property line. Upon the recommendation of the-Planr_ing.Commission
and on motion of Counci7rian Pinkley, seconded by Councilman Te;,,Tinkle
and carried, the application was approved.
ALOHA TRAILER A letter was read from Dorothy Bell.req_uesting an extension df 60 :days
PARK (Var.;#61) in which to complete the work required by the Council at their November
-.l, 1954, meeting, to bring the Aloha Trailer Park to State and City
specifications. A letter from the Building Official was read reporting
that approximately 20=25;0 of the necessary work has been completed.
On motion of Councilman Te'dinkle, seconded by Councilman Smith, and
carried, a 60 -day extension of .time was granted_ starting from March 7.
It was further moved that the 60 -day extension be granted subject to
the condition that in the event the work is not completed •,rithin the
60 -day extension that a penalty of p10.00 will be charged for each day
thereafter and that Miss Bell shall deposit with the Ci.tyLr;300.00 in cash
from which the $10.00 per day penalty shall be deducted.
RESOLUTION
The reauest of Charles B. Retmier, owner of the Costa Mesa Bus Company,
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for a franchise to operate buses over and along the streets Tsrithin the
(Bus Franchise)
-City was discussed. Thereupon Resolution No. 112, a "RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF COSTA MESA DECLARING ITS INTENTION TO GRAN
THE BUS FRANCHISE APPLIED FOR BY THE COSTA 14ESA BUS COMPANY UNDER THE
PROVISIONS OF CHAPTER 1, DIVISION 3 OF THE PUBLIC UTILITIES CODE OF
THS STATE OF CALIFORNIA" was presented and read. On motion of Council_
man Pinkley, seconded by Councilman Te'-dinkle, Resolution No. 112 was
adopted by the following roll call vote:
AYES: Councilmen Martin, Smith, Pinkley, TeG°dinkle and Nelson
NOES: Councilmen - ;None
ABSENT: Councilmen - None
IMPROVEMENT
The City Attorney presented an informal petition from the property owners
DISTRICT
on West 19th Street, requesting that an Improvement District be formed
W. 19th ST.
for the purpose of improving the present 601 right of way by paving the
same to a width of j8, and putting in curbs and gutters. On motion of
Councilman Smith, seconded by Councilman Terfiinkle, and carried, the
matter was referred to the City Engineer for study and recommendation
to the Council as to the size of the improvement district that should be
formed.
BAKER STREET The City Attorney reported that property owners had expressed a desire
AiTNEXATION to be annexed to theCity of Costa Mesa and presented a map setting forth
the boundary of the proposed annexation to be initiated by the City. He
stated that a study by the City Manager, City Engineer, City Clerk and
City Attorney showed that very little benefit would accrue either to the
City or to theproperties by annexation unless a method be devised to
p` ovide water for such area, and proposed that the City of Costa Mesa
request a water connection from the Orange County Municipal Water
District and that a. water system be installed from the water connection
near Bristol and Baker, down Baker Street to Fairview Road and south on
Fairview Road to Fair Drive.
On motion -of Councilman Pinkley, seconded by Councilman Martin, and
carried, the City ;Manager was instructed to tape the necessary steps to
acquire such a water system in connection with the annexation to proceed
along with it, and that the City Attorney be instructed to present the
legal description and map to the County Boundary Commission for their
repo -rt.
HARRATTT Warrant Resolution iTo.. WR -41, a resolution "ALLOTJING CERTAIN CL.P1P'IS AND
RESOLUTION DEMANDS, INCLUDING PAYROLL NO. 16" was read. It was moved by
,vR-41 Councilman Pinkley that _IvVa_rrant Resolution No. ,, -41 be adopted. The
motion was seconded by Councilman Smith and carried by the following roll
call vote:
AYES: Councilmen Martin, Smith, Pinkley, TeWinkle and Nelson
INTOES: Councilmen - None
ABSE TT: Councilmen - None
REPORT OF
CITY MANAGER The request for refund from Ben Ortega, 19434 _�-Tallace Avenue,in the
amount of ?5.07, relative to weed abatement was presented. The City
;.reed Abatement Manager advised the Council that Mr. Cassel had cleaned this lot and
on motion of Councilman Smith, seconded by Councilman Pinkley, and
carried, the request was denied..
On motion of Councilman Smith, seconded by Councilman Martin, and
carried, the report of the Building Department for.the month ofFebruary,
was accepted and ordered filed.
On motion of Councilman Martin, seconded by Councilman Pinkley,and
carried, the report of the Street Department for the month of February,
was accepted and ordered filed.
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On motion of Councilman Pinkley, seconded by Councilman Smith, and. carried,
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the report on Audit of Accounts for the period July 1, 1954,
through December 31, 195., was accepted and ordered filed.
On motion of Councilman TeWinkle, seconded by Councilman Martin,
the requests of Mrs. John Thatcher and Mrs. Thomas Ireland for
refund of fees paid for dog licenses -were approved by the following
roll call vote:
AYES: Councilmen Martin, Smith, Pinkley, Teliinkle and Nelson
NOES: Councilmen - None
ABSENT: Councilmen - None
The City Manager announced that on March 17, 7:30 P.M., a
representative from the Office of Civil Defense would be at the
Main School Auditorium to inform the people what steps should be
-taken on both an individual and community level in connection with
Civil Defense.
On motion of Councilman Te4,linkle, seconded by Councilman- Martin,
and carried, the resignation of R.•L. Patterson as City Engineer,
~' was accepted with regrets.
Upon the recommendation of the City Manager, and on_ motion of
Councilman Pinkley, seconded by Councilman Smith, and carried,
D. Southworth was appointed City Engineer, in accordance with his
proposal dated March 1.,1955, and Street Superintendent for the
Rochester Street Improvement District and authorized to perform
all duties in connection therewith.
Upon the recommendation of the City Manager, Councilman Tel -Tinkle
moved that the following disposition -be taken_ on bills presented
by R. L. Patterson:
That warrants be drawn for the-folloiring:
Drainage survey for months of January & February ..... w837.00
General engineering fees covering inspections, etc. 195.00
Engineering and drafting fees for Albert, Cecil
and Virginia Place Street Opening 72.00
That the following bills be withheld until funds are
available from the Districts:
Invoice of Dec. 1, 1951
Invoice of Jan. 1, 1955
Invoice of March 1,1955
Inv. of Nov. 1, 1954 -
- Rochester St. Improvement
District ........... 056.00
- ditto 69.00
- , ditto L�8.00
Charle Street 204.00
The motion was seconded by Councilman Martin and carried by the
following roll call vote:
AYES: Councilmen Martin,Smith, Pinkley, T6,inkle and Nelson
NOES: Councilmen -None
ABSENT: Councilmen - None
On motion duly made and carried the meeting adjourned 12:00 A.M.
to March 14, 1955, at 7:30 P.M.
i4ayorr the City of osta Mesa
City Clerk of the Cit of
Costa Mesa