HomeMy WebLinkAbout05/02/1955 - City Council,,
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REGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
May 2, 1955
The City Council of the City of Costa Mesa, California, met in regular
session at 7:30 P.M., May 2, 1955, at the Newport Jubtice 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 Thomas J. Nevin.
ROLL.CALL Councilmen Present Martin, Smith, Pinkley, TeWinkle and Nelson
Officials Present: City Attorney Dungan, City Manager Coffey, City
Clerk Swartz, City Treasurer Ries
MINUTES On motion by Councilman Pinkley, seconded by Councilman Martin, and carried,
the reading of the minutes'of April 18, 1955, was -waived and they were
approved as written.
PUBLIC Mayor Nelson announced that the public hearing which has been duly
HEARING published and set for this time and date, for an amendment to the Zoning
' Rezoning Ordinance as described in Rezoning Petition No. 7, was now open. The
Petition#7 Clerk reported that proof of the Notice of Public Hearing is on file in
C (Vard,Inc) 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 by Councilman TeWinkle,
seconded by Councilman Martin, and unanimously carried, the hearing was
closed.
ORDINANCE
#89 (yard) Thereupon Ordinance No. 89, an ordinance "AMENDING SECTION 3.2 OF ARTICLE III
lst Reading OF ORDINANCE NO. 32, THE LAND USE ORDINANCE OF THE CITY OF COSTA MESA"
was introduced by Councilman Smith. Following reading of the Ordinance,
section by section, Councilman Smith moved that this constitute the first
reading of Ordinance No. 89. 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
A communication was read extending an invitation to the Councilmen to
attend the installation of officers of VFW Coastline Post 3536 and Auxilliary
to be held at 8:00 P.M., Friday, May 6, 1955, at the American Legion Hall.
A letter was read from the Barker Brothers, advising the Council that they
wished to go on record as being in favor of the Baker Street No. 1
Annexation and that no authority had been given to any person to represent
either Hubert or Hoyt Barker at the public hearing held April 18 concerning
the annexation.
On motion by Councilman TeWinkle, seconded by Councilman Smith, and
unanimously carried, the Chief of Police and the City Attorney were
instructed to investigate the matter of the protest registered at the
public hearing by Mrs. Myrtle Allen, 13892 Baker Street.
VEHICLE A communication was read from the City Engineer stating that the estimated
PARKING cost for paving the parking areas in Vehicle Parking District No. 1 is $p5,000.00,
DISTRICT #1 which amount is for paving only and does not include striping or guard rails.
On motion by Councilman TeWinkle, seconded by Councilman Smith, and
carried, further discussion was tabled until the next regular meeting of
the Council.
VEHICLE- A communication was read from the Planning Commission advising the Council
PARKING that a three-man committee had been appointed by the Chairman to make
DISTRICT #2 a detailed analysis of the number of parking places which would be provided
from each of the proposed acquisitions together with a study of proposed
setbacks to be reserved for parking on the rear of lots on Newport and
Harbor Boulevard within said proposed District, and that their recommenda-
tions will be before the Council at its next regular.meeting, May 16.
On motion by Councilman Smith, seconded by Councilman Martin, and
unanimously carried, the public hearing was continued to the next regular
meeting to be held May 16, 1955.
246
ORDINANCE Ordinance No. 87, an ordinance entitled "ORDINANCE OF THE CITY OF COSTA
#87
MESA APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY CONTIGUOUS
(Baker St.
TO THE CITY OF COSTA MESA IN THE COUNTY OF ORANGE, KNOWN AS 'BAKER
#1 Annex.)
STREET NO. 1 ANNEXATION'' was presented for second reading. Following
2nd Reading
the reading of the title, Councilman Smith moved that further reading
Albert,Cecil)moved
of the Ordinance be waived and that this constitute the second reading
2nd Reading
of Ordinance No. 87. The motion was seconded by Councilman TeWinkle
for such services to be approximately $1,000.00. Commissioners Francque,
and was unanimously carried. Thereupon Councilman Pinkley moved the
Wilson and Patterson were present to urge approval of the request. The
adoption of Ordinance No. 87. The motion was seconded by Councilman
City Manager advised the Council that unless the City can appropriate
TeWinkle and carried by the following roll call vote:
additional funds for carrying out the recommendations of such'a consultant,
AYES: Councilmen Martin, Pinkley, Smith, TeTrlinkle and Nelson
it would be unwise to expend funds for the services of a consultant.
NOES: Councilmen - None
After a lengthy discussion„ Councilman Martin moved that the City Manager,
ABSENT: Councilmen - None
ORDINANCE Ordinance No. 88 entitled "AN ORDINANCE DECLARING THE INTENTION OF THE
#88
CITY OF COSTA MESA TO ORDER THE LAYING OUT AND OPENING OF CERTAIN PUBLIC
(Street
STREETS IN THE CITY OF COSTA MESA, ORANGE COUNTY, CALIFORNIA, AND THE
Opening,
ACQUISITION OF LANDS NECESSARY OR CONVENIENT THEREFORE" was presented
Virginia,
for second reading. Followipg reading of the title, Councilman Pinkley
Albert,Cecil)moved
that further reading of the ordinance be waived and that this
2nd Reading
constitute the second reading of Ordinance No. 88. The motion was
for such services to be approximately $1,000.00. Commissioners Francque,
seconded by Councilman Smith and was unanimously carried. Thereupon
Wilson and Patterson were present to urge approval of the request. The
Councilman Smith moved the adoption of Ordinance No. 88. The motion was
City Manager advised the Council that unless the City can appropriate
seconded by Councilman Pinkley and carried by the following roll call
additional funds for carrying out the recommendations of such'a consultant,
vote:
it would be unwise to expend funds for the services of a consultant.
AYES: Councilmen Martin, Pinkley, Smith, TeWinkle and Nelson
After a lengthy discussion„ Councilman Martin moved that the City Manager,
NOES: Councilmen - None
City Engineer and representatives of the Planning Commission meet together
ABSENT: Councilmen - None
FINAL MAP
The City Engineer presented the final map for the subdivision of Tract
Tract #1986
No. 19861, submitted in the name of Harbor Estates, 419 E. 17th Street,
RESOLUTION
being a subdivision of a portion of Lot "A" of the Banning Tract, into
NO. 122
113 lots, together with a bond in the amount of $80,400-00, signed
Agreement, and a check in the amount of $3,090.22 to cover the necessary
fees.
Thereupon Resolttion No. 122 "APPROVING THE MAP OF TRACT #1986
AND ACCEPTING THE 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 AGREEMTN" was presented
and read. On motion by Councilman Smith, seconded by Councilman
TeWinkle, Resolution No. 122 was adopted by the following roll call vote:
AYES: Councilmen Martin, Pinkley, Smith, TeWinkle and Nelson
NOES Councilmen - None
ABSENT: Councilmen - None
REPORTS OF On motion by Councilman Smith, seconded by Councilman Martin, and unanimously
OFFICIALS carried, the report of the Fire Department for the month of April was
accepted and ordered filed.
On motion by Councilman Pinkley, seconded by Councilman Teldinkle, and
unanimously carried, the report of the Building Department for the month
of April was accepted and ordered filed.
On motion by Councilman Martin, seconded by Councilman Pinkley, and
unanimously carried, the report of the Street Department for the month of
April was accepted and ordered filed.
On motion by Councilman Smith, seconded by Councilman Martin, and unanimously,
carried, the Auditor's Report for the period July 1, 1954, through
March 31, 1955, was accepted and ordered filed.
A communication from the Planning Commission was read requesting the
services of a consultant for approximately 60 days to assist the
Commission in the preparation of a master plan for streets, expenditure
for such services to be approximately $1,000.00. Commissioners Francque,
Wilson and Patterson were present to urge approval of the request. The
City Manager advised the Council that unless the City can appropriate
additional funds for carrying out the recommendations of such'a consultant,
it would be unwise to expend funds for the services of a consultant.
After a lengthy discussion„ Councilman Martin moved that the City Manager,
City Engineer and representatives of the Planning Commission meet together
in an effort to work out a master plan for streets. The motion was
seconded by Councilman Telfinkle and was unanimously carried.
C 4
A communication from the Planning Commission was read recommending
that the City Council amend Ordinance No. 32 in order that setbacks may
be established to protect the rights of way for the extension of Westminster
Avenue between East 17th and East 18th Streets and for a proposed street
300 feet south of 'East 22nd Street, between Orange and Santa Ana Avenues.
On motion by Councilman Martin, seconded by Councilman Smith, and
unanimously carried, the City Attorney was instructed to draft two separate
amendments to Ordinance No. 32 for consideration at the next Council meeting.
Building Application for Building Moving Permits No. 69 and 70 were submitted in the
Moving name of Lee Toncray, 1680 Superior Avenue, to move a house and garage from
Permits 1680 Superior Avenue to 306 East 19th Street. On motion by Councilman Smith,
#69-70 seconded by Councilman Martin, and unanimously carried, the application
was approved subject to the approval of the Building Department in accordance
with the recommendations of the Planning Commission.
Building Application for Building Moving Permit No. 71 was submitted in the name of
Moving Pacific Laminates, 1919 Placentia, to move the old library building from=
Permit -#71 Pearman Way to 1919 Placentia. On motion by Councilman TeWinkle, seconded
— by Councilman Smith, and unanimously carried, the application was approved.
CIO
CC) VAriance Variance Application #112 was submitted in the name of Nelson E. Jones,
-!J; #112 117 Dyer Road, Santa Ana, to permit the construction of an addition to an
existing building at 169 E. 18th Street, 5 feet from the property line.
On motion by Councilman Pinkley, seconded by Councilman Martin, and unanimously
carried, the application was approved as recommended by the Planning
Commission, i.e.,that the parking area be paved and marked.
Variance Variance Application #113 was submitted in the name of Harbor Estates,
#113 419 L. 17th Street, to allow a four foot side yard setback on the car port
side on nine lots in Tract 1986. Mr. Colegrove was present to urge approval
of the application. Councilman Smith moved that the application be approved
as recommended by the Planning Commission with the provision that at no time
shall such car ports be remodeled or closed in for either garage or dwelling
purposes and the Building Department be so instructed. The motion was
seconded by Councilman. Martin and lost by the following roll call vote:
AYES: Councilman Martin and Smith
NOES: Councilmen Pinkley':;. TeIATinkle and Nelson
ABSENT: Councilmen - None
Thereupon Councilman Pinkley moved that Variance Application #113 be denied.
The motion was seconded by Councilman TeWinkle and carried by the following
roll call vote:
AYES: Councilman Pinkley, Teiginkle and Nelson
NOES: Councilmen Martin and Smith
ABSENT: Councilmen - None
Variance Variance .Application #114 was submitted inthe name of Evelyn F. Green,
#114 P. 0. Box 456, Costa Mesa, for a rear yard setback in the construction of
an addition to an existing building at 1821 Newport Boulevard, said construction
to extend to the rear property line. The recommendations of the Parking
Commission were read concerning the application. On motion by Councilman
Smith, seconded by Councilman TeWinkle, and unanimously carried, the applica-
tion was approved as recommended by the Planning Commission, subject to the
recommendations of the Parking Commission.
Permits On motion by Councilman Pinkley, seconded by Councilman Martin, and
unanimously carried, the application for license submitted in the name of
SAJm. P. Morris, 423 East Flower Street, to hold a public auction of his
househhld furniture on May 6, was approved.
On motion by Councilman Pinkley, seconded by Councilman Martin, and
unanimously carried, the application of Newport Balboa Music Company, to
install a jukebox at the Barbeque Pit, 196 E. 17th Street, was approved.
On motion by Councilman Smith, seconded by Councilman TeWinkle, and unanimously
carried, the application of the Harmon Trading Post, 2256 Newport Blvd., to
retail used clothing pottery, baby furniture, etc., was approved.
On motion by Councilman Pinkley, seconded by Councilman TeWinkle, and
unanimously carried, the application of William Dolby, a new owner of the
Mesa Club, 1818 Newport Blvd., for a dance permit license, was approved.
On motion by Councilman Smith, seconded by Councilman Pinkley, and
unanimously carried, the application of the Costa Mesa Lions Club to
RESOLUTION The City Manager advised the Council that a survey has been made and
#124 1,043 parcels of ground within the City of Costa Mesa will require weed
(Weed abatement. Thereupon Resolution No. 124, a "RESOLUTION DETERMINING AND
Abatement) DECLARING THAT WEEDS WHICH BEAR SEEDS OF D014NY OR WINGY NATURE AND WEEDS
WHICH ATTAIN SUCH A LARGE GROWTH AS TO BECOME A FIRE MENACE WHEN DRY
AND WEEDS WHICH ARE OTHERWISE NOXIOUS OR'DANGEROUS ARE GROWING UPON
CERTAIN STREETS, SIDEWALKS, PARKWAYS AND PRIVATE PROPERTY IN THE CITY OF
COSTA MESA, AND THAT THE SAIF ARF',A PUBLIC NUISANCE: DIRECTING THE
STREET SUPERINTENDENT TO POST NOTICES TO DESTROY SAID WEEDS AS REQUIRED
BY LAW, FIXING THE TIME FOR HEARING ALL OBJECTIONS OR PROTESTS AND
conduct its Tenth Annual Fish Fry and Carnival and to perform all things
incident to the carrying on of such an event, as outlined in their
letter of April 26, 1955, was approved and fee waived.
RIVER
A petition bearing the signature of L. Adrian McCain, owner of the property
ANNEXATION
hereinafter described, was submitted by the City Clerk, requesting to have
annexed certain uninhabited property lying contiguous to the City of
Costa Mesa, described as shown on the map on file in the City Clerk's office.
After ascertaining that the approval of the Orange County Boundary _
Commission had been obtained for the boundaries of the proposed annexa-
tion, Councilman TeWinkle moved that the petition be accepted and
Ordered filed. The motion was seconded by Councilman Pinkley and was
unanimously carried.
RESOLUTION
NO. 123
Thereupon Councilman TeWinkle moved that Resolution No. 123, a "RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF COSTA MESA OF INTENTION TO ANNEX, AND
GIVING NOTICE THEREOF" be adopted. 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 -
The public hearing was set for 7:30 P.M., June 6,19550
ORDINANCE
The Clerk presented to the Council a re -draft of Ordinance No. 65, being
N0. 65
an ordinance entitled "AN ORDINANCE OF THE CITY OF COSTA MESA REQUIRING
(Trailer
PERMITS AND PROVIDING REGULATIONS GOVERNING THE CONSTRUCTION, MAINTENANCE
Parks)
AND OPERATION OF TRAILER PARKS, AND PROVIDING PENALTIES FOR THE VIOLATION
lst Reading
THEREOF". The Council thereupon proceeded to hold a complete and full
discussion on this proposed ordinance, including participation by those
in the audience. Earl Talmage, president of the Trailer Park Association,
and Mr. Long, executive director, commented on the merits of both the
Orange County and the State Trailer Park ordinances. It was moved by
Councilman Martin, seconded by Councilman Pinkley that the title only
be read and that this constitute the first reading of Ordinance No. 65.
The motion was carriedly the following roll call vote:
AYES Councilmen Martin, Pinkley, Smith, TeWinkle and Nelson
NOES: Councilmen - None
ABSENT: Councilmen - None
Variance
Variance Application No. 115 was submitted in the name of Hunny Invest -
No. 115
ment Company, 9026-E. Las Tunas Drive, Temple City, to permit the rear
yard setbacks to be less than 25 -feet on 16 lots in Tract No. 2387. Mr.
Woods, representative of Hunny Investment Company was present to urge
Council approval prior to the approval by the Planning Commission in order
that construction might not be delayed. On motion by Councilman Smith,
seconded by Councilman Pinkley, and unanimously carried, approval was
granted subject to the approval of the Planning Commission.
WARRANT
Warrant Resolution No. WR -49, a "RESOLUTION ALLOWING CERTAIN CLAIMS AND
RESOLUTION
DEMANDS, INCLUDING PAYROLL NO. 20" was presented and read. It was moved
N0.'WR-49
by Councilman Telnfinkle that Warrant Resolution No. WR -49 be adopted.
The motion was seconded by Councilman Pinkley and carried by the following
roll call voter
AYES: Councilmen Martin, Pinkley, Smith, TeWinkle and Nelson
NOES: Councilmen --None
ABSENT: Councilmen - None
CITY
The City Manager advised the Council he had received copies of ordinances
MANAGER'S
from the City of San Leandro which governs architectural conformity..
REPORT
They were present to the City Attorney for study.
RESOLUTION The City Manager advised the Council that a survey has been made and
#124 1,043 parcels of ground within the City of Costa Mesa will require weed
(Weed abatement. Thereupon Resolution No. 124, a "RESOLUTION DETERMINING AND
Abatement) DECLARING THAT WEEDS WHICH BEAR SEEDS OF D014NY OR WINGY NATURE AND WEEDS
WHICH ATTAIN SUCH A LARGE GROWTH AS TO BECOME A FIRE MENACE WHEN DRY
AND WEEDS WHICH ARE OTHERWISE NOXIOUS OR'DANGEROUS ARE GROWING UPON
CERTAIN STREETS, SIDEWALKS, PARKWAYS AND PRIVATE PROPERTY IN THE CITY OF
COSTA MESA, AND THAT THE SAIF ARF',A PUBLIC NUISANCE: DIRECTING THE
STREET SUPERINTENDENT TO POST NOTICES TO DESTROY SAID WEEDS AS REQUIRED
BY LAW, FIXING THE TIME FOR HEARING ALL OBJECTIONS OR PROTESTS AND
AND DIRECTING THE ABATEMENT THEREOF IN ACCORDANCE WITH ORDINANCE
NO. 39 OF THE- CITY OF COSTA MESA'S was presented and read. On motion
by Councilman Pinkley, seconded by Councilman TeWinkle, Resolution
No. 124,was adopted by the following roll call vote:
AYES: Councilmen Martin, Pinkley, Smith, Te�olinkle and Nelson
NOES: Councilmen - None
ABSENT; Councilmen - None
The public hearing was set for June 6, 1955, at 7:30 P.M.
The City Manager announced that the Census Enumerator Supervisor, Mr.
E. B. Lewis, had arrived and is organizai.ng his office and will begin the
census on May 3. He urged the press to publicize the need for families
w1*9 are away from home during the day to leave such pertinent information
for the census worker.
The City Manager re_ad_.a-,16ttbr,-,fr6m the -Building Official reporting on
the work required to be done at the Aloha Trailer Park by Council directive
Aloha of March 7, 1955. The Council was advised that at this time it is impossible
Trailer for Miss Bell to comply with the provisions of connecting the site sewer
Park to the street sewer system as the street sewer is not available at this
(Var. time. Upon the recommendation of the Building Official and on motion by
9 61) Councilman TeWinkle, seconded by Councilman Martin, and unanimously carried,
the bond for full compliance was ordered held and the penalty of $10 per
day for non-compliance after May 6 was deferred until such time as the
i` street sewer becomes available.
Pursuant to Ordinance #81, a report from the Fiscal Officer was read
relative to free permits issued and fees waived for the month of April.
On motion by Councilman Smith, seconded by Councilman Pinkley, and
unanimously carried, the report was accepted and ordered filed.
RESOLU- After a discussion of Chapter 20 monies and on motion by Councilman
TION Pinkley, seconded by Councilman Martin, Resolution No. 125, a "RESOLUTION
#125 OF THE CITY COUNCIL REQUESTING $6.,000.00 OF CHAPTER 20 MONIES FOR THE
INSTALLATION OF THE BAKER STREET WATER LINE INCLUDING CONNECTIONS" was
adopted by the following roll call vote:
AYES: Councilmen Martin, Pinkley, Smith, TeWinkle and Nelson
NOES: Councilmen - None
ABSENT: Councilmen - None
The City Attorney presented to the Council certain contracts of sale
UENSCLF in connection with Costa Mesa Vehicle Parking District No. 1, copies of
PARhITU which are on file 't
_ wz h the Clerk City .% , and recommended that the Council
DISTRICT approve said contracts and authorize the Mayor and City Clerk to execute
the.same on behalf of the City. On motion by Councilman TeWinkle,
seconded by Councilman Pinkley, and unanimously carried, the contracts
copies of which are on file with the City Clerk, were approved and the
Mayor and City Clerk authorized to execute the same.for the City.
The City Attorney reported that some difficulty has been experienced
by the Fiscal Officer relative to the business license fee for persons
The City Manager advised the Council that he had been contacted by J. J.
Bezdek, owner of "55 Market1l, 2664 Newport Blvd., concerning the improve-
ments on the building demanded by the Building Department and the Health
Department. Mr. E. Z. Springe, Jr., was present to find out whether or
not a change of ownership would mean a change of the Council action of
October 18 which required all buildings to be brought up to City standard
within one year. On motion by Councilman TeWinkle, seconded by Councilman
Smith, and unanimously carried, the stipulations as set forth on October
18th will be carried. out.
A communication from the Wayne Howard House Sales
was read requesting
that the sum of $35 (fee on Building Moving Permit x#67) be credited to
his firm for a future application as Application #67 has been cancelled.
Upon the recommendation of the City Manager and on.. -motion by Councilman
TeWinkle, seconded by Councilman Martin, and unanimously carried, the
request was denied as the application has already gone through regular
procedure of inspections, etc.
Pursuant to Ordinance #81, a report from the Fiscal Officer was read
relative to free permits issued and fees waived for the month of April.
On motion by Councilman Smith, seconded by Councilman Pinkley, and
unanimously carried, the report was accepted and ordered filed.
RESOLU- After a discussion of Chapter 20 monies and on motion by Councilman
TION Pinkley, seconded by Councilman Martin, Resolution No. 125, a "RESOLUTION
#125 OF THE CITY COUNCIL REQUESTING $6.,000.00 OF CHAPTER 20 MONIES FOR THE
INSTALLATION OF THE BAKER STREET WATER LINE INCLUDING CONNECTIONS" was
adopted by the following roll call vote:
AYES: Councilmen Martin, Pinkley, Smith, TeWinkle and Nelson
NOES: Councilmen - None
ABSENT: Councilmen - None
The City Attorney presented to the Council certain contracts of sale
UENSCLF in connection with Costa Mesa Vehicle Parking District No. 1, copies of
PARhITU which are on file 't
_ wz h the Clerk City .% , and recommended that the Council
DISTRICT approve said contracts and authorize the Mayor and City Clerk to execute
the.same on behalf of the City. On motion by Councilman TeWinkle,
seconded by Councilman Pinkley, and unanimously carried, the contracts
copies of which are on file with the City Clerk, were approved and the
Mayor and City Clerk authorized to execute the same.for the City.
The City Attorney reported that some difficulty has been experienced
by the Fiscal Officer relative to the business license fee for persons
50 c
without a fixed place of business. On motion by Councilman Smith,
seconded by Councilman Martin, and unanimously carried, the City
Attorney was instructed to draft an amendment to Ordinance No. 25
to allow those persons who live-in Costa Mesa and who have no fixed
place of business, to come under a flat fee of $12.00.
On motion by Councilman Martin, seconded by Councilman Pinkley, and
unanimously carried, the meeting adjourned at 10:35 P.M.
r o t ty o Costa Mesa
ity Clerk of the Cit of Costa Mesa
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