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HomeMy WebLinkAbout04/18/1955 - City Councila ROLL CALL MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA April 18, 1955 The City Council of the City of Costa Mesa, -California, met in regular session at 7:30 P.M., April 18, 1955, at the Newport Justice Court, 567 West 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 Reverend Clive Williams. Councilmen Present: Martin, Smith, Pinkley, TeWinkle and Nelson Officials Present: City Attorney Dungan, City Manager Coffey, City Clerk Swartz, City Treasurer Ries On motion of Councilman Smith, seconded by Councilman Pinkley, and carried the reading of the minutes of April 4, 1955, was waived and they were approved as written. BACK BAY Councilman TeWinkle announced that it would be for the best interest ANNEXATION #1 of the City of Costa Mesa to initiate proceedings to annex to the City of Costa Mesa the area shown on the map herewith presented, dated April 18, 1955, signed by D..Southworth, City Engineer, and labeled „Proposed Back Bay Annexation No. 111. Thereupon Councilman TeWinkle moved that the City Engineer and the City Attorney submit the legal description and map to the Orange County Boundary Commission for its approval with respect to definiteness and certainty of the proposed boundaries, and that upon receipt of such approval from said Boundary Commission that the City initiate on its, ownmotion the proceedings for such annexation. The motion was seconded by Councilman Smith and was unanimously carried. (Time: 7:41 P.M.) VEHICLE Mayor Nelson stated that this was the time and the place to which the PARKING DISTRICT public hearing on Vehicle Parking District No. 2 had been continued. NO. 2 - The City Manager reported that he had contacted the property owners (Public Hearing) in Lot 17 and that they desired to retain more of their property than was recommended at the previous hearing. After considerable discussion as to the size of the area that would be available for parking and the amount of parking space that is necessary for the existing buildings in the area, it was moved by Councilman Pinkley that a survey be made by the Planning Commission to determine the parking needs of the property included in the proposed enlargement and that the Commission bring their recommendations to the Council at its next regular meeting. The motion was seconded by Councilman Martin and was unanimously carried. BAKER STREET The Clerk reported that this was the time and place fixed for the ,'#1 ANNEXATION hearing of protests or objections against the proposed "Baker Street No. 1 Annexation" and the Mayor thereupon opened the hearing. The Clerk then reported that the affidavits and proof of the publication of the Resolution of Intention, the mailing of Notices of adoption of said Resolution of Intention, s,i3erequired by law, had been made and are on file in the office of the City Clerk. The Clerk then asked all present if they desired to file written protests to the proposed annexation. After opportunity so to file, the Clerk read the following written protests, being all the written protests received.- (a) eceived: (a) Protest signed by Hoyt & Esther Barker, as owners of 11 acres on the southeast corner of Baker and Fairview Road. (b) Protest signed by Rose M. Wakefield and Melchora Colombini, as owners of 15.78 acres located on the south side of Baker Street, east of College Avenue. (c) Protest signed by D. R. McClintock, as owners of the westerly 1101 and the northerly 116, of Griffiths Subdivision on the.south side of Baker Street. 1 } (d) Protest signed by C. M. & Alice McClintock, as owners of 33 acres located on the southwest corner of Baker Street and Fairview Road. Mayor Nelson then declared that any and all persons desiring to be heard on the proposed annexation would now be heard. Mrs. Myrtle Allen, 13892:East Baker Street, stated that she represented Hoyt and Esther Barker and that she was opposed to the proposed annexation fr the following reasons: (a) That the proposed annexation created an island; (b) The proposed annexation would prohibit the drilling of oil; (c) The proposed annexation would not enable owners of properties lying outside the proposed annexation to obtain water from City sources. Mr. D. R. McClintock stated that while his property is located outside the property proposed to be annexed that the street proposed to be annexed is partially his property; that he objected to the proposed annexation on thesame grounds as expressed by Mrs. Allen. Mr. Dale Hollingworth, 12142 East Maple Street, stated that his property is outside the proposed territory to be annexed and is opposed to the annexation for the reason that Costa Mesa has never furnished any services such as postal or telephone to the area in which he lives. Mr. James Gallacher, owner of 19 acres within the territory proposed to be annexed, stated that he was in favor of the annexation and desired the.City to annex his property. Mr. Darnell, representative of the Hale Company, owners of approximately 163 acres of land within the territory proposed to be annexed, stated that the Hale Company desired to be annexed into the City of Costa Mesa. No person desiring to speak further on the proposed annexation, it was moved by Councilman Smith, seconded by Councilman Martin, and unanimously carried, that the hearing be closed and that the proposed annexation be approved. (e) Protest signed by Mr. & Mrs. L. G. McClure, owners of property located at 19421 College Avenue. The Clerk then reported that he had examined the last 'Equalized Assessment Roll in the County of Orange and that the total value of all property in the territory proposed to be -annexed amounted to $624,570.00. The Clerk further reported that the total assessed value of the written protests filed by owners of property in the territory proposed to be annexed, as shown ori the last Equalized Assessment Roll of the County of Orange, totaled $6,300.00. The Clerk further reported that the total valuation as shown by the last Equalized Assessment Roll of the County of Orange for parcels of property in the territory proposed to be annexed, owned by private owners, is the amount of $75,450.00. The Council thereupon considered all the written protests received and on motion by Councilman Smith, seconded by Councilman Pinkley.- and t unanimously carried, found that the total value of the territory proposed to be annexed, owned by private owners, was the sum of $75,450.00; that the total value of thelands within the territory proposed to be annexed filing written protests totaled $6,300.00; that the protests of Rose M. Wakefield and Melchora Colombini, D. R. McClintock, C. M. & Alice McClintock and Mr. & Mrs. L. G. McClure are invalid for the reason that said properties so protesting are not within the territory proposed to be annexed -but are located outside the said territory proposed to be annexed; that with or without the inclusion and consideration of above listed invalid protests that protests are not made by public and private owners equal to one-half of the value of the territory proposed to be annexed as above determined by the Council. Mayor Nelson then declared that any and all persons desiring to be heard on the proposed annexation would now be heard. Mrs. Myrtle Allen, 13892:East Baker Street, stated that she represented Hoyt and Esther Barker and that she was opposed to the proposed annexation fr the following reasons: (a) That the proposed annexation created an island; (b) The proposed annexation would prohibit the drilling of oil; (c) The proposed annexation would not enable owners of properties lying outside the proposed annexation to obtain water from City sources. Mr. D. R. McClintock stated that while his property is located outside the property proposed to be annexed that the street proposed to be annexed is partially his property; that he objected to the proposed annexation on thesame grounds as expressed by Mrs. Allen. Mr. Dale Hollingworth, 12142 East Maple Street, stated that his property is outside the proposed territory to be annexed and is opposed to the annexation for the reason that Costa Mesa has never furnished any services such as postal or telephone to the area in which he lives. Mr. James Gallacher, owner of 19 acres within the territory proposed to be annexed, stated that he was in favor of the annexation and desired the.City to annex his property. Mr. Darnell, representative of the Hale Company, owners of approximately 163 acres of land within the territory proposed to be annexed, stated that the Hale Company desired to be annexed into the City of Costa Mesa. No person desiring to speak further on the proposed annexation, it was moved by Councilman Smith, seconded by Councilman Martin, and unanimously carried, that the hearing be closed and that the proposed annexation be approved. 40 ORDINANCE #87 Thereupon Ordinance No. 87, an Ordinance entitled t1ORDINANCE OF THE (Baker St.#1 CITY OF COSTA MESA APPROVING THE ANNEXATION OF CERTAIN UNINHABITED Annexation) TERRITORY CONTIGUOUS TO THE CITY OF COSTA MESA IN THE COUNTY OF ORANGE, lst Reading KNOWN AS (BAKER STREET NO. 1 ANNEXATION'" was introduced by Councilman 'Smith. After full reading of the Ordinance, section by section, Councilman Smith moved that this constitute the first reading of Ordinance No. 87. The motion was seconded by Councilman TeWinkle and carried by the following roll call vote: AYES: Counci]men.Martin, Smith, Pinkley, TeWinkle and Nelson NOES: Councilmen - None ABSENT: Councilmen - None On motion of Councilman Smith, seconded by Councilman Martin, and unanimously carried, the City -Engineer was instructed to prepare the detailed plans and specifications for the installation of a 1211 line from a water connection near the intersection of Baker Street and Bristol Street, said plans and specifications to be submitted to the State for matching funds. CHARLE STREET Robert Mennes and Alfred Lorenz were present to seek information IMPROVEMENT regarding the progress being made on the improvement of Charle Street. They were advised that until such time as the City could incorporate the overall drainage system with the street improve- ments, that temporary improvements consisting of grading and surface oiling,.will be done and that the City would pay for this temporary work from the balance of funds left in the Charle Street Opening District Fund after the payment of the awards and costs of said proceedings. A Mr. Roy Nelson was present regarding sewers along Charle Street. He was advised to present his problem to the Sanitary District Board when they meet on May 5. REZONING Petition No. 7 for the rezoning of 47.18 acres from A-1 to M-1, APPLICATION #7 was submitted in the name of Vard, Inc. On motion of Councilman Vard, Inc. Pinkley, seconded by Councilman TeWinkle, and unanimously carried, a public hearing to amend the Zoning Ordinance as described in Petition No. 7 was set for May 2, 1955, at 7:30 P.M. REPORTS OF The Treasurer's report for the month of March, 1955, was read and CITY OFFICIALS upon motion of Councilman Smith, seconded by Councilman Pinkley, and carried, was accepted and ordered filed. The Fiscal Officer's report for the month of March, 1955, was read and upon motion of .Councilman TeWinkle, seconded by Councilman Pinkley, was accepted and ordered filed. COLEMAN STRTET The City Engineer reported that the petition for the opening of OPENING a street 3001 south -of East 22nd Street, under the Street Opening Act, bore the signatures of 8016 of the property owners on one side of the street only, thus making a total of only 1�0% for the entire street which percentage is insufficient to initiate proceedings. Thereupon on motion of Councilman Smith, seconded by Councilman Martin, and carried, the matter was tabled until sufficient.signatures can be secured. FINAL MAP Final Map for subdivision of Tract No. 2251 was submitted in the TRACT NO. 2251 name of Cecil Powell, 2129 Balboa Boulevard, Balboa, for the subdivision of a portion of Lots 123 and 121 of Newport Heights, into 18 lots, Resolution #121 together with a bond in the amount of $13,700.00 and signed Agreement. A check in the amount of $565.00 to cover necessary fees was paid to the City at the Council meeting 'of October 18, 1954. Thereupon Resolution No. 121 "APPROVING THE MAP OF TRACT NO. 2251 AND ACCEPTING THF STREETS AND ALLEYS SHOWN THEREON FOR PUBLIC USE FOR HIGHWAY PURPOSES AND AUTHORIZING THE CITY CLERK TO SIGN SAID MAP AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT" was presented and read. On motion of Councilman Smith, seconded by Councilman TeWinkle, Resolution No. 121 was adopted by the following roll call vote: AYES: Councilmen: Martin, Pinkley, Smith, TeWinkle and Nelson NOES: Councilmen - None ABSENT Councilmen - None VEHICLE The City Attorney reported on the progress of Vehicle Parking PARKING District No. 1. He advised the Council that an agreement had DISTRICT #1 been reached with all owners of parcels proposed to be acquired by Agreements for Sale which had been signed and executed by the owners of all parcels to be acquired: The City Attorney recommended that the Council approve the following Agreements of Sale,and that the Mayor and City Clerk be authorized to sign said agreements on behalf of the City: (a) Agreement for Sale with Sam Crawford, et al (b) Agreement for Sale with Yuri Hirata (c) Agreement for Sale with Josephine Payne (d) Agreement for Sale with Howard D. Cody, et al (e) Agreement for Sale with Carl G. Becker, et al (f) Agreement for Sale with William Williams, Jr., et al Thereupon on motion of Councilman Pinkley, seconded by Councilman TeWinkle, and unanimously carried the above set forth Agreements for Sale were approved and adopted and the Mayor and the City Clerk were authorized to sign said agreements on behalf of the City. The City Attorney further reported that in connection with the Agreement for.Sale with William Williams, Jr., it was necessary for said Mr. Williams to remove a structure plus a portion of another structure from the land to be purchased unto adjacent property owned by said Williams and that permits from the City of Costa Mesa would be necessary to enable said structures to be moved. On motion of Councilman Pinkley, seconded by Councilman TeWinkle, and unanimously carried, it was moved that the matter of necessary variances and permits for such removal be referred to the Planning Commission for their approval with the recommendation that said Planning Commission grant such necessary variances and permits. The City Attorney thereupon read to the Council the recommendations 21J `1 of the Vehicle Parking District commissioners: that the City Council assess for the next fiscal year the two tax levies permiss- ible under the Vehicle Parking District Act of 1943; that the City advance the necessary funds for the blacktopping of the parcels acquired for parking purposes and reimbursing themselves from the proceeds of the taxes to be levied. On motion by Councilman Smith, seconded by Councilman Pinkley, and unanimously carried, the Council expressed its approval of the proposed tax levies for the next fiscal year and requested the Parking Commissioners to submit to the Council a detailed -written recommendation of the amount of such tax proposals; and further approved in principle the advancement of City funds for the improvement of the parcels to be used for parking and instructed the City Engineer to make an estimate of the cost of such improvement and report to the Council at the next regular meeting. STREET OPENING The City Clerk reported that the City - ngineer had filed a map PROCEEDINGS indicating the land necessary or convenient to be taken for the Virginia Place proposed street openings of Virginia Place, Cecil Place and Albert Cecil Place & Place, and showing the territory proposed to be included in the Albert Place Assessment District, together with a statement of the total sum of the estimated expenses of the improvement. The said map and state- ment of estimated expenses was presented to the Council and on motion of Councilman TeWinkle, seconded by Councilman Smith, and unanimously carried, the said map and statement of the total sum of the estimated expenses as filed with the Council, was approved and accepted. ORDINANCE #88 Thereupon an Ordinance entitled !'AN ORDINANCE DECLARING THE INTENTION (Street Opening) OF THE CITY OF COSTA MESA TO ORDER THE LAYING OUT AND OPENING OF lst Reading CERTAIN PUBLIC STREETS IN THE CITY OF COSTA MESA, ORANGE COUNTY, AND THE ACQUISITION OF LANDS NECESSARY OR CONVENIENT THEREFORE" was read section by section. Councilman Smith moved that this constitute the first reading of Ordinance No. 88. The motion was seconded by Councilman Pinkley and carried by the following roll call vote: AYES: Councilmen Martin, Pinkley, Smith, TeWinkle and Nelson NOES: Councilmen - None ABSENT: Councilmen - None 242 ORDINANCE #85 Ordinance No. 85, "AN ORDINANCE AMENDING ARTICLE III, SECTION (Amend. Ord. 32- 3.2 OF ORDINANCE NO. 32,ENTITLED THETLAND USE ORDINANCE OF THE Hilliard & Wright) CITY OF COSTA MESA" was presented for second reading.. Following 2nd Reading reading of the title, Councilman Pinkley moved that further reading of the Ordinance be waived and that this constitute the second reading of Ordinance No. 85. The motion was seconded by Councilman TeWinkle and was unanimously carried. Thereupon Council- man Pinkley moved the adoption of Ordinance No. 85. The motion was seconded by Councilman TeWinkle and carried by the following roll call voter AYES: Gounci+lmen Nelson, Martin, Pinkley, Smith and TeWinkle NOES: Councilmen - None ABSENT: Coundilmen - None ORDINANCE N0. 86 Ordinance #865 "AN ORDINANCE OF THE CITY OF COSTA MESA AMENDING (Amend. Ord. 32- ORDINANCE NO. 32,"ENTITLED THE LAND USE ORDINANCE OF THE CITY OF Freedom Homes COSTA MESA" was presented for second reading. Following reading of corner lots) the title, Councilman Pinkley moved that further reading of the 2nd Reading Ordinance be waived and that this constitute the second reading of Ordinance #86. The motion was seconded by Councilman Martin and was unanimously carried. Thereupon Councilman Pinkley moved the adoption of Ordinance #86. The motion was seconded by Councilman Martin and carried by the following roll call vote: AYES: Councilmen Nelson, Martin, Pinkley, Smith andTeWinkle NOES: Councilmen - None ABSENT: Councilmen - None APPOINTMENT. Mayor Nelson announced that under the recently amended ordinance, OF PLANNING the terms of the members of the Planning Commission and of the Park - COMMISSIONERS ing Commission of the Costa Mesa Vehicle Parking District #1 had terminated and that their successors should be appointed. Mayor Nelson stated that the present members of the Planning Commission were to be commended for the excellent work they had done and the fine service performed in behalf of the City and placed in nomination the following names: Walter Weimer Robert Wilson Barney Francque James Hart E. L. Patterson A. H. Meyers H. C. Sampson On motion of Councilman Pinkley, seconded by Councilman Martin, and unanimously carried, the above named persons were appointed for the term of office as set forth in Ordinance #79 and that the members of the Planning Commission shall determine by lot their respective terms. APPOINTMENT Mayor Nelson also commended the excellent work of the Parking PARKING Commissioners of the Vehicle Parking District No.'l and,placed in COMMISSIONERS nomination the following names: Vehicle Parking District #1 Evelyn Green Roy McCardle S. 'R. Frazier On motion of Councilman Smith, seconded by Councilman TeWinkle, and carried, theabove named persons were appointed for two years to serve as Parking Commissioners for Vehicle Parking District #1. VARIANCE #110 Variance Application #110 was submitted in the name of John C. & Frank D. Patterson, 508 - 7th Street, Huntington Beach, to permit the parking of two mobile homes on a lot at 2083 Wallace Avenue for a period of six months during construction of dwelling. On motion of Councilman TeWinkle, seconded by Councilman Pinkley, and unanimously carried, the application was approved on the condition that the applicant post a bond in the amount of $500.00 to guarantee the trailers will not be used as residences after the six-month period has elapsed, as recommended by the Planning Commission. VARIANCE #111 Variance Application #111 was submitted in the name of Larry D. & Evelyn Smith, 2063 Tustin Avenue, to permit the use of a house located at 1862 Placentia Street as a doctorts office (R-4 zone). Mr. 1 1 1 cV 2 4 CITY MANAGER'S The City Manager reported that he had been in contact with REPORT Smith presented to the Council a list of names of adjacent property owners stating that they have no objections to such use. Councilman Smith moved that the application be approved on the condition that the applicant provide four paved,parking spaces in addition to the space provided by the car port, to be approved by the Building Department; and that the variance be non-transferrable. The motion was seconded by Councilman TeWinkle and carried by the following roll call vote: AYES: Councilmen Nelson, Martin, Pinkley, Smith and TeWinkle NOES. Councilmen - None ABSENT:- Councilmen - None WARRANT Warrant Resolution No. WR -47, a resolution "ALLOWING CERTAIN RESOLUTION CLAIMS AND DEMANDS, INCLUDING PAYROLL NO. 19" was presented #WR -47 and read. It was moved by Councilman Pinkley that Warrant Resolution No. WR -47 be adopted. The motion was seconded by Councilman Martin and carried by the following roll call vote: AYES. Councilmen Nelson, Martin, Pinkley, Smith and TeWinkle NOES: Councilmen - None ABSENT: Councilmen - None CIO CS) WARRANT Warrant Resolution No. WR -48, a resolution "ALLOWING CERTAIN CLAIMS < RESOLUTION AND DXVIANDS" was presented and read. It was moved by Councilman #WR -48 TeWinkle that Warrant Resolution No. WR -48 be adopted. 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 CITY MANAGER'S The City Manager reported that he had been in contact with REPORT representatives of the East 17th Street Improvement Association and that arrangements have been made to meet with property owners on streets connecting with 17th Street in an effort to set up both a street improvement and drainage improvement district to include 17th Street and connecting streets. In connection with the building that has been moved to 1711 Pomona Avenue (B,uilding Moving Permit #58) the City Manager reported that he had attempted to contact the owner who is at the present time at his ranch near Denver. The owner's agent is only authorized to bring the structure up to conformity with the Uniform Building Code and until the owner returns, no action can be taken relative to its esthetic appearance. The City Manager advised the Council that he had called for informal bids on the purchase of a police car due to the recent loss of one of the City's vehicles; The Clerk thereupon opened and read the following proposals: Miller Chevrolet Co., 1000 W. Coast Highway, Newport Beach Chevrolet Sedan Model 1503 (123 HP) $19627.00 + tax 162 HP V-8 motor - additional cost $82.40 O'Brien Motors, 1680 Newport Blvd., Costa Mesa 1955 Plymouth Plaza V-' 2,296.45 + tax Theodore Robins, 3100 West Coast Hiway, Newport Beach 1955 Ford 120 HP 6 Cyl Mainline Fordore Sedan... 11683.09 + tax (162 HP Fd V-8 motor,- additional $110.00) The City Manager recommended that the Chevrolet Sedan Model with 162 HP V-8 motor be purchased and on motion of Councilman Martin, seconded by Councilman Pinkley, the City Manager was authorized to purchase said vehicle from the Miller Chevrolet _ Company for the sum of $1,709.10 plus tax'by the following roll call vote: AYES: Councilmen Nelson, Martin, Pinkley, Smith and TeWinkle NOES: Councilmen - None ABSENT: Councilmen - None ,'2 4 Upon the recommendation of the City Manager and on motion of Councilman Smith, seconded -by Councilman TeWinkle, and unanimously carried, the Council approved the City's 1954 weed abatement program d d d t CUL recommen ehe same method be used for this year. The City Manager asked the cooperation of the press to urge citizens to participate in the county -wide clean-up week, April 24-30. On motion of Councilman Martin, seconded by Councilman Pinkley, and unanimously carried, the City Manager was authorized to call for informal bids on the purchase of a desk, desk chair, typewriter and file cabinet for the Fire Department. On motion of Councilman Martin, seconded by Councilman TeWinkle, a.tid unanimously carried, the City Manager was authorized to call for informal bids on the purchase of a typewriter, adding machine and safe -type storage vault. The City Manager initiated a discussion relative to the construction of a new City Hall and introduced Mr. A. B. Rohen," Sales Manager of the Wm. J. Moran Company, 1011 South Fremont, Alhambra, California, which Company has prepared a proposal for such construction and lease to the City. Each Councilman had previously received a copy of the proposal. After discussion the matter was tabled. Earl Talmage, president of the Trailer Park Association.was present to advise the Council that the County ordinance regulating trailer parks is very satisfactory and urged the adoption of the same for the City of Costa Mesa. Councilman Smith moved that the Councilmen familiarize themselves with the County ordinance and take action on the matter at the next regular meeting. The motion was seconded by Councilman Pinkley and was unanimously carried. On motion of Councilman TeWinkle, seconded by Councilman Pinkley, and unanimously carried, the meeting adjourned at 10:35 P.M. ayo the i y4 --of o a "esa eo /16A City Cler' of the City of Costa Mesa. 1 F 1