HomeMy WebLinkAbout04/04/1955 - City Council3
ROLL CALL
i'�1INUTES__:
REZONING
APPLICATION ir6
REGULAR MELTING OF THE CITY COUNCIL
CITY OF COSTA 111,SA
April 1.L, 1955
The City Council of the City of Costa Mesa, California, met inregular
session at 7:30 P.M., April 4, 1955, at the Ne—o:rport Justice Court,
567 ?-gest 18th Street, Costa Mesa. The meeting was called to order by
Mayor Nelson followed by the Pledge of Allegiance to the Flag and
invocation by Council—Plan Martin.
Councilmen Present: Martin, Smith, Pinkley, Tevuinkle and Nelson
Officials Present: City Attorney, City Treasurer, City Manager and
City Clerk
On motion of Councilman Smith, seconded by Councilman Te -,"Tinkle, and
carried, the reading of the minutes of Nlarch 14, 1955, was waived and
they were approved as i-rritten.
On motion of Councilman TeWinkle, seconded by- Councilman Smith, and
carried, the reading of the minutes of March 21, 1955, was waived and
they were approved as written.
Mayor Nelson announced that the public hearing which has been dull,
published and set for this time and date, for an amendment to the Zoning
Ordinance as described in Rezoning Petition No. 6, was nowopen. The
Clerk reported that proof of the Notice of Public Hearing is on file
in his office and further stated that no protests had been received. The
Mayor requested all persons who wished to speak on the proposed zoning
to do so. No person desired to speak and on motion of Councilman Smith,
seconded by Councilman Martin, and carried, the -hearing was declared closed.
ORDINANCE 1;'85 Thereupon Ordinance No. 85, an ordinance "AMENDING ARTICLE III, SECTION
(Amend Ord 32- 3.2 of ORDINANCE NO. 32, THE LAND USE ORDIN-IDICE OF THE CITY OF COSTA MESA"
Hilliard & was introduced by Councilman Te,Iinkle. Following reading of -the
'.fright) Ordinance, Councilman Teivinkle moved that this constitute the first
1st Reading reading of Ordinance No. 85. The motion was seconded by Councilman
Martin and carried by the following roll call vote:
AYES: Councilmen Martin, Smith, Pinkley, Tevdinkle and Nelson
NOES c `.: Councilmen - None
ABSENT: Councilmen - None
BUS FRANCHISE Mayor Nelson announced that this was the time and placed fixed for the
opening of sealed bids for the granting of a bus franchise in the City
of Costa Mesa pursuant to the publication of advertisement of Resolution
Of Intention ,'112. the City Clerk reported that one bid had been -received.
The bid was then publically opened and examined and declared to be as
follows:
The bid of the Costa Mesa Bus Company ....... $10.00
(subject to and made in conformity with all terms
and conditions set forth in Resolution of Intention
No. 112.)
Mayor Nelson thereupon advised all persons present that any responsible
person, firm or corporation present or represented might bid for the
franchise in a sum not less than 10`' above the bid of }l0 made by the
Costa Nesa .Bus Company and that the bid so made, if any, might be raised
not less than 10% by any other responsible bidder and that the bidding
may so continue until the franchise is finally struck off, sold and
awarded to the highest bidder. No person desired to bid and no bids
being offered, it was moved by Councilman Te'jiinkle, seconded by
Councilman Pinkley and unanimously carried that the bus franchise for
the City of Costa Mesa be awarded to the Costa Mesa Bus Company in
accordance with the terms and conditions set forth in Resolution of
Intention No. 112.
VACATION OF Mayor Nielson announced that this was the time and place_.fixed for hearing
PORTION OF all persons interested in or objecting to the proposed vacation of a
T,,)EST 18th St.
prti n of West 18th Street. The M �ror requested all persons-who
n she to speak on the proposed vacation to do so. No person
desired to speak and on motion of Councilman TeWinkle, seconded by
Councilman Pinkley, and carried, the hearing was declared closed.
RESOLUTION #118 Thereupon Resolution x`118, a resolution ordering the vacation of
Vacation of a portion of West 18th Street was presented and read. Councilman
portion of W.18th Smith moved the adoption of Resolution No. 118. 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
VEHICLE
Mayor Nelson stated that this was the time and the place to which the
PARKING '
public hearing on Vehi�Ie Parking District No. 2 had been continued
DISTRICT 72
aid asked if anyone desired to be Beard on this matter. The Clerk
thereupon presented a revised map of the proposed District which had
been prepared by the City Engineer in accordance with the recommenda-
tions of the City Planning Commission, together with a letter from
the City Engineer setting forth assessed valuations.
- d
C
Councilman Pinkley moved that the City Manager be instructed to
contact the owners of property proposed to be acquired in Lots 17 u 18,
excluding the 1001 adjacent to 19th Street, in an effort to determine
the cost of acquisition and to report to the Council at its next
regular meeting. -Hr. Jack Penny was present and said he would convey
the above action to Dr. Cowan. Thereupon on motion of Councilman
Pinkley, seconded by Councilman TeWinkle, and carried, the hearing on
Vehicle Parking .District No. 2 was continued to the next regular
meeting to be held.April 18, 1955.
TENTATIVE MAP
Tentative Map of Tract x-2562 was resubmitted for Council approval.
OF TRACT #;2562
S. H. Franklin, attorney, representing property owners on E. 22nd Street
presented a petition requesting the laying out, opening and improvement
of a public,street pursuant to -the Street Opening Act of 1903, bearing
the signatures of property owners in excess of 60%. He stated that
the petition for -right of way conveyance was not 100% -complete, having
only nine signatures out of the twelve to be secured. Mr. Pope informed
the Council that he ,,could be .,Tilling to deed to the property owners or
to the City 25' on the northerly side of his tract site for street
purposes and would also erect a 61 fence 8 to 101 bask from the curb
line so that the back yards of the tract homes would be more attractive.
Councilman Smith moved that the recommendation of the Planning Commission
be opposed and that the tentative map be approved on the condition
that the subdivider build an architecturally attractive fence 10? from
the curb line across the northerly border of the tract and that a 25'
easement be deeded to.the.City. Councilman Pinkley seconded the motion
and it lost by the following roll call vote:(
AYES: Councilmen Smith
NOES: Councilmen Nelson, Martin, Pinkley and Tel -Tinkle
ABSN^l: Councilmen— None
"CO=-' ll" .
Thereupon on motion of Councilman Martin, seconded by Councilman Pinkley,
IMPROVE E[IENT
and carried, the petition requesting the improvement of a public street
DISTRICT.
under the Street Opening Act of 1903.and the Improvement Act of 1911
was referred to the City -Engineer for the necessary preliminary work.
RESOLUTION 1#117
A communication was read from the Coastal Municipal later District
(Upper Colorado.
urging the Council to passa resolution opposing the Upper Colorado
River basin
River basin projects and.the.Fryingpan-Arkansas Projeft as it is a
projects)
tireat to the water supply for this area. Thereupon Resolution No. 117,
a "A RESOLUTION.OPPOSING THE UPPER COLORADO RIVER BASIN PROJECTS AS
PROPOSED IN S. 500 @1TD H. R. 270 AND THE FRYINGPAN-ARKANSAS PROJECT
AS PROPOSED IN S.300 AND H.R. 412, N061 PENDING IN CONGRESS" was
.presented and read. On motion of Councilman Te`'dinkle, seconded by
Councilman Pinkley, Resolution No. 117 was adopted by the following
roll call vote:
AYES: Councilmen 'Ne.lson,Martin, Pinkley and Te tinkle and Nelson
NOES-: Councilman - None
ABSENT: Councilmen - None
234
TRACT ;22092
A letter was read from the
City Engineer advising
the Council that the
(Release of
improvements on Tract No.
2092 have been installed
in accordance with
Bond)
plans and specifications.
On motion of Councilman
Smith, seconded by
Councilman Pinkley, the improvements on Tract No.
2092 were accepted and
the bond of the subdivider
ordered released by the
follo�Ting• roll call
vote:
AYES: Councilmen Martin, Smith, Pinl<_ley, , Te;Jinkle and Nelson
NOES: Councilmen - None
ARSE ,ff- Councilmen -- None
Mrs. June G. Tuttle, 2114 !rational Avenue, and Mir. and Mrs. Hal Robbins,
were present to protest the relocation of' a building on property
adjacent to their properties near 17th & Pomona, statin; the building
that had been moved is unsightly and further that they had not been
advised that a public hearing would be held regarding the application of
C. Lester Jones (Application for Building Moving Permit No. 509 dated
December 2, 1950 . After considerable discussion, the City Manager was
instructed to maize a study of the matter to determine whether or not
there has been a violation of the City Ordinance and was further instructed
to contact Mr. Jones in an effort tofind out ,;hat the structure -v,-ill be
like upon completion and report to the Council at its next regular meeting.
Mrs. Tuttle was urged to secure a copjr-of an ordinance from the City of
San Leandro; which as she informed the Counci 1, governs architectural
confonnity and upon receipt of same the City Manager was asked to make
a study of said ordinance and report to the Council.
STREET OPENING -The City Clerk announced that the petition requesting the laying out, opening
VIRGINIA. PLACE and improvement of certain public streets to be designated as Virginia Place,
CECIL PLACE Cecil Place and Albert Place, pursuant to the Street Opening Act of1903
ALBERT PLACE and the Improvement Act of 1911 and a waiver of investigation proceedings
under the Special Assessment Investigation, Limitation and Majority Protest
Act of 1931, presented to the Council on the 21st day of March, 1955, had
been checked by him as to signatures and said Clerk thereupon filed his
affidavit certifying that said petition is signed by the owners of more
than 60% in area of the proposed assessment district as shown by the last
equalized assessment roll in the County of Orange.
Thereupon on motion of Councilman Smith, seconded by Councilman Pinkley,
the following resolution was adopted by the following roll call vote.-
AYES:
ote.AYES: Councilmen Martin, Smith, Pinkley, TeWinkle and Nelson
NOESr Councilmen - None
ABSENT; Councilmen - None
RESOLUTION #119 AA resolution of the City Council of the City of Costa Mesa
WHEREAS, on March 21, 1955, there was presented to this Council
a petition requestin g the laying out, opening and improvement of
certain public streets to be designated as Virginia Place, Cecil
Place, and Albert Place pursuant to the Street Opening Act of 1903
and the Improvement Act of 1911 and a waiver of investigation
proceedings under the Special Assessment Investigation, Limitation
and Majority Protest Act of 1931;
WHEREAS, the City Clerk of the City of Costa Mesa has certified
that said petition is signed by the owners of more than 60% in area
of the proposed assessment district as shown by the last equalized
assessment roll of the County of Orange.
NOW, THEREFORE, BE IT RESOLVED, that the City -Engineer be and he
is hereby authorized and directed to prepare and file with this
Council a map or plat indicating the land necessary or convenient
to be taken for the proposed improvement and by a boundary line
the territory proposed to be included in the assessment district,
the plans, profiles and specifications together with the statement
of the total sum of the estimated costs of the improvement.
IMPROVEMENT OF A letter was submitted from the City Engineer setting forth his recommenda-
WEST 19th STREET tions regarding the request which has been presented for the improvement
of"West 19th Street from Placentia Avenue to Maple Avenue. On motion
of Councilman Smith, seconded by Councilman Martin, and carried, the City
Attorney was instructed to prepare the necessary copies of the petition
to be circulated among the property owners on the. following streets
recommended by the City Engineer to be included in the improvement
2
districts
18th Street - Park Avenue to Pomona Avenue
Center Street - Harbor Boulevard to Pomona Avenue
Plumer Street - Park Avenue to Anaheim Avenue
Pomona Avenue - 18th Street to 19th Street
Anaheim Avenue - Park Drive to 19th Street.
IMPROVE- A letter was submitted from the City Engineer setting forth his
MENT OF recommendations regarding the request which has been presented by the
E. 17TH East 17th Street Improvement Association for the improvement of East 17th
STREET Street. On motion of Councilman Smith, seconded by Councilman TeWinkle,
and carried, the City Manager and City Engineer were instructed to meet
A th the Association and property owners on streets that connect with
East 17th Street in an effort to include said connecting streets in the
District.
FINAL
Final Map of Tracts8. 2394 was submitted in the name of the Sorensen
MAP
Corporation for the division of a portion of Lot 702, Newport Mesa Tract,
TRACT
into 14 lots, together with three copies of signed agreement, a Surety
#2394
Bond in the amount of $10,950.00 and a check in the amount of $449.27 to
C0
cover the necessary fees. Thereupon Resolution No. 120, a resolution
RESOLUTION
"APPROVING THE MAF OF TRACT #2394 AND ACCEPTING THE STREETS AND ALLEYS
#120
S HOUN THEREON FOR PUBLIC USE FOR HIGHWAY PURPOSES AND AUTHORIZING THE CITY
Final Map
CLERK TO SIGN THE SAID MAP AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO
Tract #
SIGN THE AGREM ENT" was presented and read. On motion of Councilman Smith,
2394
seconded by Councilman TeWinkle, Resolution No. 120 was adopted by the
following roll call votes
BYES: Councilmen Martin, Smith, Pinkley, TeWinkle and Nelson
NOES: Councilmen - None
ABSENT.- Councilmen - None
A discussion followed between the subdivider and Mrs.'Edward Hayes concerning
payment for street improvements adjacent to her property but not part of
the above subdivision.
ORDINANCE
A letter was read from the Planning Commission urging.the Council to amend
#86 - amend
the Land Use Ordinance to facilitate the building of garages on corner lots
Ord. 32)
in the Freedom Homes Tract.
lst reading
Thereupon Ordinance No. 86, "AN ORDINANCE OF THE CITY OF COSTA MESA
AMENDING ORDINANCE NO. 32, BEING ENTITLED THE LAND USEORDINANCE, etc" was
introduced by Councilman TeWinkle. Following the reading of the Ordinance,
Councilman TeWinkle moved that this constitute the first reading of
Ordinance No. 86. The motion was seconded by Councilman Martin and carried
by the following roll call vote.-
ote.AYES:
AYES-Councilmen Martin, Smith, Pinkley, TeWinkle and Nelson
NOES: Councilmen - None
ABSENT: Councilmen - None
TENTATIVE Tentative Map of Tract #2584 was submitted in the name of Jack McClean &
MAP.#2584 Robert Pearsof, 325 Holmwood Drive, Newport Beach, for the subdivision of a
portion of Tract #8011, M.M. 24-34, and a portion of Lots 405 & 406, Newport
Mesa Tract, into 45 lots. On motion of Councilman Smith, seconded by
Councilman Pinkley, and carried, the tentative map was approved as recommended
by the Planning Commission subject to the recommendations bf the City
Engineer as follows
(a) All improvements_.to be installed in accordance with City Standards.
(b), That subdivider be allowed to install culverts in the ditch on
the south side of 18th Street and make a temporary connection to
18th Street with the proposed roads and that a bond be posted with
the City guarantying the installation of the required improvements
on 18th Street after the storm drain is installed on 18th Street.
It was further recommended by the Commission that Lot -35, as shown on
the submitted map, be dedicated to the City and street improvements made
2r a "stub" street and that the subdivider be allowed to relocate lot lines
to gain an additional lot providing the square footages per lot comply with
City Standards.
VARIANCE Variance Application #109 was submitted in the name of J. P. Bartlett for
#109 permission to install a sign 401 from the centerline of Harbor Blvd at 2191
Harbor Blvd. Upon the recommendation of the Planning Commission and on
motion of Councilman Pinkley, seconded by Councilman Martin, and carried,
the application was approved.
WARRANT Warrant Resolution No. WR -44, a resolution "ALLOWING CERTAIN CLAIMS AND
RESOLUTION DEMANDS, INCLUDING PAYROLL NO. 181, was presented and read. It was moved
#NR -44 by Councilman TeWinkle-that Warrant Resolution No. WR -44 be adopted. 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
WARRANT
RESOLUTION
#WR -45 warrant Resolution No. WR -45, a resolution '_'ALLOWING CERTAIN CLAIMS
AND DEMANDS" was presented and read. It was moved by Councilman Pinkley,
that Warrant Resolution No. WR -45 be adopted. The motion was seconded
by Councilman TeWinkle and carried by the following roll call vote:
AYES: Councilmen Martin, Smith, Pinkley, TeWinkle and Nelson
NOES: Councilmen - None
ABSENT. Councilmen - None
WARRANT Warrant Resolution No. "WR -w46, a resolution "ALLOWING CERTAIN CLAIMS
RESOLUTION AND DEMANDS" was presented and read. It was moved by Councilman Smith
#WR -46 that -Warrant Resolution No. WR -46 be adopted. The motion was seconded
by Councilman TeWinkle and carried by the following roll call voter
AYES: Councilmen Martin, Smith, Pinkley, TeWinkle and Nelson
NOES: Councilmen - None
ABSENT:- Councilmen - None
On motion of Councilman TeWinkle, seconded by Councilman Pinkley, and
carried, the Council endorsed the suggestion made by E. L. Patterson to
include the 40 acres to the north when the improvement district for
Virginia Place, Cecil Place and Albert Place is initiated.
On motion of Councilman Smith, seconded by Councilman Martin, and carried
the report of the Building Department for the month of March 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 March was
accepted and ordered filed.
The City Manager advised the Council that the Costa Mesa Civil Defense
and Disaster Council has been certified by the California State Disaster
Council as an "accredited Disaster Council".
The City Manager submitted a physical inventory of fixed assets taken
by the Fiscal Department on March 23-24, 1955.
The City Manager read a report from the City:Engineer on the Cut and Fill
Section of the Fullerton Municipal Code.
The City Manager reported on the trash and garbage disposal procedures
used -by the Cities of Orange, Buena Park and Santa Ana. On motion .of
Councilman Smith, seconded by Councilman TeWinkle, and carried, the Council
endorsed the system in effect in Costa Mesa at the present time, which
system is under the supervision of the Costa Mesa Sanitary District, as
!:the most feasible system at this time for the collection of trash and
garbage within the City of Costa Mesa.
The City Manager reported that the Federal Bureau of Investigation has
selected an officer from this District to attend a three -months' training
course in crime detection and crime prevention in Washington, D.C.,
and recommended to the Council that Chief of Police McKenzie be allowed
to attend. After discussion Councilman Pinkley moved that the City
Attorney be instructed to draw up an agreement to be signed by the City
Manager and the Chief of Police, that in the event the services of Chief
McKenzie are terminated before the expiration of the agreement, that the
cost (estimated to be $900:00) for said training course will be paid back
1
1
to the City by Chief McKenzie on a prorated basis. The motion was
seconded by Councilman Martin and carried by the following roll call
vote:
AYES: Councilmen Martin, Smith, Pinkley, Te -Ankle and Nelson
NOES: Councilmen - None
ABSENT: Councilmen - None
The City Attorney reported on the progress of Vehicle Parking District
No. 1.
On motion of Councilman Smith, seconded'by Councilman Martin, and
unanimously carried, -the meeting adjourned at 11:15 P.M.
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LMay—o =he City of Costa Mesa
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ity Clerk of the i f osta esa
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