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HomeMy WebLinkAbout05/16/1955 - City CouncilREGULAR MEET1ING OF THE CITY COUNCIL CITY OF COSTA MESA May 16, 1955 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 P.M., May 16;;-1955, at the Newport Justice Court, 567 .I7est 18th Street, CostalvIesa. The meeting was called to order by Mayor Nelson, followed by the Pledge of Allegiance to the Flag and invocation by Reverend Poss. Roll Call Councilmen Present: Martin, Smith, Pinkley, TeWinkle and Nelson Officials Present: City Attorney, City Manager, City Clerk, City Treasurer Minutes On motion by Councilman Pinkley, seconded by Councilman Martin, and unanimously carried, the reading of the minutes of May 2, 1955, was waived and they were approved as written. Public Mayor Nelson declared that this was the time and place to which the public Hearing - hearing on Vehicle Parking District #2 had been continued. The Clerk Vehicle- read the recommendations of the Planning Commission. The Mayor asked if Parking anyone wished to speak on the matter, whereupon George Denney, representing District y2 Dr. Cowan, stated that the City should consider taking all rather than a part of Dr. Cowan's property. No one else wishing to speak, on motion + by Councilman Martin, seconded by Councilman Pinkley, and unanimously carried, the public hearing was continued to June 6. Due to the recommended changed in the boundaries of the proposed District, the City Clerk was instructed to mail notices to all property owners within the area now proposed for the District, in accordance with map filed with the Council by the Planning Commission. Building A letter was read from W. A. Huscroft requesting a ninety -day extension Moving of time from May 16, 1955, to complete his house located at 2529 Santa Permit #53 Ana Avenue (covered by Application for Building Moving Permit #53), Huscroft approved by the City Council October 4, 1954). The Building Official reported that the applicant had deposited a faithful performance bond in the amount of $2,000.00, to guarantee work to be completed within one year from date of said approval, but that to date the work had not been progressing satisfactorily. Mr. Huscroft was present and stated that he is doing most of the work himself. In view of the bond on file, it was moved by Councilman Pinkley, seconded by Councilman Martin, and unanimously carried, the request be granted. 1155 Market A communication was read from Max Hurwitz, attorney for Mr. and Mrs. Joseph Bezdek, requesting -that Occupancy Permit be issued to Mr. and Mrs. Charles.K. Sp arman, to enable the Bezdeks and Sparmans to complete their pending escrow in the matter of the sale of the "55" Market located at 2664 Newport Blvd. After considerable discussion, Councilman Pinkley moved that the Building Official be instructed to contact officials from the County Health Department and present to the Council at its next regular meeting all of the requirements that must be met, both City and County, before Occupancy Permit can be issued,with the recommendation that undue hardship not be..imposed upon the ownerof the market. The motion was seconded by Councilman Martin and was unanimously carried. Tract ;2562 A communication was read from Max W. Pope, Inc., 407 Bolsa Avenue, Newport (Max Pope) Beach; requesting the Council to reconsider tentative map for Tract #2562, and stating further that he is willing to make the following concessions: 1. Width of track shall be 3001 rather than 3o51 as shown on map; 2. Grant individual deeds for the remaining 301, either to adjacent property owners or the City, thus insuring the possibility of a street being installed along the southerly boundaries of the deep lots adjacent thereto. 3. Agree to install curb and gutters in accordance with City standards along entire northerly side of tract. 4. Agree'_to construct 61 fence of acceptable architectural design the full length of the northerly border to be located either on the property line or in the future parkway. 252 After considerable discussion, it was moved by Councilman Martin, seconded by Councilman Pinkley,.and unanimously carried, that the matter be continued to the next regular meeting at which time the Council would give final action on the map, and that the City Clerk notify all property owners on East 22nd Street to enable them to present their plans for the opening of a street 3001- south of East 22nd Street. It was further moved by Councilman TeWi.nkle, seconded by Councilman Smith, and unanimously carried, that the City -engineer be instructed to prepare a sketch showing existing streets'and existing houses in the 40 acre area involved in the above matter, and to present said sketch to the Council_approxi.mately June 1: Mrs. Garr Fredriksen, 186 Cabrillo Street-, presented to the Council a civil defense "plan of action" on which she asked Council .approval in order that they might -proceed with the 'plans: . She stated that the program will follow.that of Newport Beach and thatCosta Mesa volunteers must register at -the post office. Upon motion by Councilman Smith, seconded by Councilman Martin, and unanimously carried, the Council took the plan as outlined under advisement. Mary "Ellen Cooper, 1769-1771 Tustin Avenue; was present regarding the follotring -three matters: 1. She requested that her concrete driveway, which was torn up in the improvement of 'Rochester Street,- be -n placed with concrete rather than black -topping it as is planned. On motion by Councilman Martin, seconded by Councilman Pinkley, and unanimously -carried, -the Street Superintendent. was instructed to have the driveway replaced with concrete, expense to be borne by the.City. 2. Concerning drainage of that area, Mayor Nelson 'advised her that existing condition -will remain until the overall drain- age system is completed, and urged citizens who -have such a" problem -to form improvement districts. The.City Manager advised that plans are now under way for the improvement of the intersection -at 18th &"Tustin.Avenue. 3. Protested her neighbor's 151 approach to a 101 driveway, and stated that it is a hazard to her property. - On motion by Councilman Smith, seconded by Councilman Pinkley, and unanimously carried, the City.Engineer-and City Manager were instructed to make a study of the matter and that their decision be final. Howard B. Lawson was present to request Council approval for -diagonal parking 1801 on the north side of West 19th Street beginning approximately 1701 west of Harbor Boulevard." Councilman Smith moved that the request for -diagonal parking be granted with the provision that Mr: Lawson grant an easement to the City 121 in width, that curbs be installed with setback of 121, and that'concrete flow line be installed per City standards, all engineering expense to be borne by -Mr., Lawson. The motion was seconded by Councilman TdWinkle and carried by the following roll call vote: { __ ES: Nelson, Smith and TeWinkle NOES: Martin and Pinkl ey NT ABSE:. Councilmen —None Mrs. Hazel Scott, 2060 Maple Street and Mrs—Frances Parsons, 2056 Maple Street, were present to request Council action regarding the serious drainage problem existing in that area. The Council again advised that the answer to these problems lies -in the formation of improvement districts, and Mrs. Scott was urged to circulate petitions to secure a consensus of opinion of property owners in that. area. 1 1 f z-53 ORDINANCE." Ordinance No. 89, "AN ORDINANCE AMENDING_ SECTION 3.2 OF ARTICLE III OF #89 ORDINANCE NO. 32YENTITLED tTHE LAND USE ORDINANCE OF THE CITY -OF COSTA (Vard 18SAI" was presented for second reading. Following reading of the Rezoning): title, Councilman Smith-moved.'that further reading of the Ordinance be 2nd Read. waived and that this constitute -the second reading of Ordinance No. 89. The motion was seconded by Counei]man Pinkley and was unanimously carried. Thereupon Councilman Smith moved the adoption of Ordinance No. 89. The motion was seconded by Councilman_ Pinkley and carried by the -.following roll call vote: AYES. .Councilmen Nelson, Smith, Teiiinkle, Martin and Pinkley NOES: Councilmen - None ABSENT:. Councilmen- None ORDINANCE Ordinance No. 65, 'IAN ORDINANCE OF THE CITY OF COSTA MESA REQUIRING #65 PERMITS AND PROVIDING REGULATIONS GOVERNING TIE -CONSTRUCTION, MAINTENANCE .(Trailer -*N:D OPERATION OF TRAILER PARKS, . AND PROVIDING PENALTIES FOR THE VIOLATION Parks) TIM"EOF" was presented for second reading. After full reading of the 2nd Read. Ordinance, section by section, Councilman Pinkley moved that this constitute the second reading of Ordinance Vo. 65. The motion was seconded " by Councilman TeWinkle and was unanimously carried. Thereupon Councilman TeWinkle moved the adoption of Ordinance No. 65. The motion was C seconded by Councilman Pinkley and carried by the following roll call vote: AYES: Councilmen Nelson, Smith, TeliTinkle- Martin and Pinkley NOES: Councilmen - None ABSENT: Councilmen— None VEHICLE The Clerk advised the Council -that --the total assessed valuation of all PARKING lands in the proposed District is $172,280.00, and the•assessed valuation DISTRICT of the improvements in -the -proposed District is $172,840..00, thus making #1 a'total valuation of $3.5,120.00. The merits of installing parking - meters in the parking district and/or in'the streets was discussed in an effort to raise sufficient monies for grading and blacktopping the parking area, which expense -will approximate $p5,000.00, according to an estimate given by the City Engineer." On motion,by Councilman TeWinkle, seconded by Councilman Martin, and -unanimously carried, theCouncil will arrange a�noon meeting with the: Downtown Businessments Association and the Parking-District•Commissioners to- work out a satisfactory plan. RIVER ,.A petition bearing the signature of L. Adrian M6Cain,..owner of the ANNEXA-' property hereinafter described, was submitted by the City Clerk, requesting TION to have annexed certain uninhabited property lying contiguous to the (Resolution City of Costa Mesa, described as shown on the "map on file•in the City #126) - ClerkIs-office. After'ascertaining that the approval.of the Orange County Boundary Commission had been obtained for the -boundaries of the proposed annexation, Councilman Smith moved that the petition be accepted and ordered filed. Thereupon Councilman Smith moved that Resolution No. 126, 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 Nelson, Smith, TeWinkle, Martin and Pinkley NOES: Councilmen =`None ABSENT: Councilmen - None REPORTS - '-On motion'by Councilman Smith, seconded by Councilman Pinkley,:and OF -CITY unanimously carried, the report of the Fiscal Officer .for the month of. OFFICIALS April, 1955, was accepted and ordered filed. On motion by Councilman Pinkley, seconded by Councilman Martin, and; unanimously carried, the report of the Treasurer for the.month of April, 1955, was''accepted and ordered filed. On motion by Councilman Pinkley, seconded by Councilman Martin, and unanimously carried, the report of the,Police Department for the month of April, 1955, was accepted andordered. filed. Subdivision Subdivision Application No. 20, in the name of Bertram Smith, for the App�ica- subdivision of portions of Lots 409, and 510, Newport Mesa Tract, into tion -#20 three -parcels was presented by the applicant who protested.the decision of the Planning Commission which required him to provide 10,000 square 254 4 feet in each parcel. After considerable discussion on the wording of Section 9.5, Article IX of Ordinance No. 32, pertaining to the building site requirements in an M -1 -zone, it was the opinion of the Council that the intent of said section was not to place -minimum - building site requirements in commercial zones.-- Thereupon on motion by Councilman Pinkley, seconded -by Councilman TeWinkle, and carried, the application was approved as originally submitted. (Smith not voting) Z. -letter from the Planning Commission was read urging the Council to consider an;amendment of Section 9.5, Article IX of Ordinance No. '32. Upon motion 'by Councilman TeWinkle, seconded by Councilman Pinkley, and unanimously carried, the -letter was accepted and ordered filed, and no action taken to change said section. Subdivision Mr. and Mrs. Clyde C. Graves, 1948 Fullerton Avenue, appealed to the Application Council from the decision of the Planning Commission -regarding #19 Subdivision Application #19, to subdivide a portion of Lot 182, Newport Heights--Tract,,into two parcels, said Commission having denied the application at its meeting of May 9. - On motion by Councilman Martin, seconded by Councilman TeliTinkle, the action of the Planning Commission was upheld. Councilman Smith suggested that the required square footage might be obtained by having the property line "L" shaped rather than straight. Thereupon Council- man withdrew his motion and Councilman Smith moved that the application be referred back to the Planning Commission with the recommendation that'it be approved if property line is so moved as to allow the building site to be 531 x 1051. The motion was.seconded by Councilman Pinkley and was unanimously carried. Variance Variance Application #116 was submitted in the name of Dorothy R. Bell, #116 132 West Wilson Street,.requesting approval of nine additional trailer spaces of 1,000 square feet per space, at the Aloha Trailer Park. -Upon the recommendation of the Planning Commission, avid on motion by Councilman Pinkley, secnnded by Councilman Martin, and unanimously carried, the application was approved. Variance #117 Variance Application #117 was submitted in the name of Alfrdd Payne, .543 West Wilson Street,.to permit the construction of'a concrete tile workshop at 543 ^Jest Wilson ,(R-4 zone),. Recommendation of the Planning Commission to deny the application was read by the Clerk. Mr. Payne was present to'urge Council approval and particularly -to consider the petition of adjacent property owners stating they have no objection. After considerable discussion, and on motion by Councilman Smith, seconded.by Councilman Martin, the action of the Planning -Commission was overruled and the application was approved to permit a one-man -operation only and that such variance be non-transferrable. The motion carried by the following roll call vote: AYES: Councilmen Nelson, Smith, TeWinkle, Martin -and Pinkley NOES: Councilmen - None ABSENT: Councilmen - None Variance #118 Variance Application'#118 was submitted in the name of Wizard Boats, Inc., 2075 Harbor Blvd., to permit the construction of a building for the purpose of light manufacturing to be located adjacent to 2077 Charle Street, (R-4 zone). Upon the recommendation of the Planning Commission and on motion by Councilman Smith, seconded by Councilman TeWinkle, and unanimously carried-, the application was approved. Variance #119 Variance Application #119 was submitted in the name of Max W. Pope, Inc., 407 Bolsa Avenue, Newport Beach, for rear yard setbacks in the construction of three houses -'at the northwest corner of 19th Street and Orange. Upon the recommendation of the Planning Commission and on motion by Councilman Pinkley, seconded by Councilman Martin, and unanimously carried, the applicatiorkas approved. Variance #120 Variance Application #120 was submitted in the name of -the First Southern Baptist Church of Costa Mesa, for approval of an adjusted plot plan and parking in connection with.the development of the church property located at 650 West Hamilton Street. Upon the recommendation of the Planning Commission, and -.on motion -by Councilman Pinkley, - seconded by Councilman Martin, and unanimously carried, ,the applica- tion was approved. F� 255 Variance #121 Variance Application #121 was submitted in the name of Phillip.D. Sullivan, 1856 Newport Blvd., to permit the erection of a 41 x 61 sign to advertise sale of lots, said sign to be located on the northwest corner of 16th Street and Irvine Avenue. Upon the recommendation of the Planning Commission and on -motion by Council- man Smith, seconded by Councilman Pinkley, and unanimously carried, the application was approved and the variance granted for a period. of one year only. Permits On.motion by Councilman Pinkley, seconded by Councilman Smith, and L_! : unanimously carried, the one -day permit issued to Mark Downing Ford, Inc., 225 -5th Street, Huntington Beach, for handbill distribution on May 4, was approved. ° On motion by Councilman Pinkley, seconded by Councilman TeWinkle, and unanimously carried, the application of Ben Ivener, 4646 Vista del Monte, Sherman Oaks, California,- for business license to operate a junk collection service in the City of Costa Mesa, was approved. Upon motion by Councilman Pinkley, seconded by Councilman TeInlinkle, and unanimously carried,, a permit to sell fireworks at 2089 Harbor Elvd., was granted to St. Joachim -Is Church, 1964 Orange; subject to the approval of the -Fire Warden and Chief of Police and the business license fee was waived. ORDINANCE #90 Ordinance No. 90, an ''ORDINANCE AKE DING ORDINANCE #25, BEING (Amend #25) ENTITLED TAUT ORDINANCE OF THE CITY OF COSTA.MESA PROVIDING FOR LICENSING lst Reading AND RtGULATING THE CARRYING ON OF VARIOUS PROFESSION, TRADES, CALLINGS, Attorney) BUSINESSES AND OCCUPATIONSill was introduced by -Councilman Martin. Following full reading of the Ordinance, section by sectio, Council- man -Martin moved that this constitute the -first reading o� Ordinance #90. , The motion was seconded by Councilman Pinkley and carried by the following roll call vote: z ,. AYES: Councilmen Nelson, Smith, TeWinkle, Martin and Pinkley NOES: Councilmen - None ABSENT: Councilmen- None. t- ORDINANCE, #91 Ordinance No. 91, an "ORDINANCE AMENDING SECTION 10.3 OF ARTICLE X OF (Amend. #32) ORDINANCE NO. 32, BEING ENTITLED 'THE LAND USE ORDINANCE OF THE CITY setbacks OF COSTA IESAT" was introduced by. Councilman Pinkley. Following full 1st reading reading of the Ordinance, section by section; Councilman Pinkley moved that this constitute the first reading of Ordinance,No. 91. The motion was seconded by Councilman Smith and carried by the'f`oliowing roll call vote: AYES: Councilmen Nelson, Smith, TeWinkle, Martin and Pinkley, NOES: Councilmen - None ABSENT: Councilmen - None Setbacks for The City Clerk read a draft of an Ordinance amending Ordinance No.'32,_- proposed to establish setbacks on either side of aline running 3001 south of Street south East'22nd Street between Santa Ana Avenue and Orange Avenue. On of'E. 22nd motion by Councilman TeUinkle, seconded by Councilman Pinkley, and unanimously carried, consideration to adopt was tabled until after the public hearing regarding tentative map of Tract #2562 which is scheduled for June 6. RESOLUTION The City Attorney reported that he had met with the City Manager, No. 127 Chief of Police and the Building Official concerning the matter of (Prosecuting criminal enforcement.on citations issued by various City departments. Attorney) He stated that the. District .Attorney will not try City ordinance violations. After full discussion and on motion by Councilman Martin, seconded by Councilman Pinkley, Resolution No. 127, "A RESOLUTION OF THE CITY COUNCIL.OF-THE CITY OF.COSTA MESA APPOINTING THE PROSECUTING ATTORNEY" was adopted by the -following roll call -vote: AYES; Councilmen Nelson, Smith, Teolinkle, Martin and Pinkley NOES: Councilmen - None ABSENT: Councilmen - None The - above resolution established the fee for prosecuting attorney on the basis of $50.00 per court- day and $25.00 for one-half day. 5 6 -Charle St. The City Attorney advised the Council that B. A. Nereson, Realtor, House has a purchaser for the house which is located in the Charle Street right-of-way, prospective purchaser being oneFrank Patterson. He stated that the purchase price is in'the amount of $$100.00, half of which must be paid to the realtor as commission, leaving only -$50.00 to the City. Upon motion by Councilman Smith, seconded by Councilman Plartin, and unanimously carried, the City _Attorney was authorized to accept the bid of Frank Patterson in.said amount. Fire Truck Councilman Smith, speaking in behalf of the Fire Department, advised the Council there is insufficient monies in their existing budget_ tooutfit and to put in use one of the fire trucks. He requested the _Council, in the preparation of the City's budget, to consider out- fitting the truck and presented a list of recommended items necessary to put -said truck -in- operation. On motion by Councilman Pinkley, seconded by Councilman Xartin, and unanimously carried, the. City Manager was authorized to advertise for bids on a unit or part basis, said bids to be considered at the -next regular meeting of the Council and upon purchase,to encumber next year's budget. Bus Franchise Councilman Pinkley initiated a discussion concerning the Costa Mesa Bus Company and stated 'they did not seem to be upholding their franchise, The City Manager advised the Council he had contacted Mr. Retmier and had been told he is experiencing a -series of unfortunate circumstances which have resulted in loss of money, drivers, etc, and further that he had requested the City to grant him'an extension of'time before revoking his franchise. No action was taken at this time. Warrant. 'Warrant Resolution No. WR -50, a "RESOLUTION ALLOUTING CERTAIN CLAIMS AND Resolution DEviIANDS, INCLUDING PAYROLL N0. #21" was presented and read. It was moved #wR-50 by Councilman Pinkley, that Warrant Resolution No. ljJR-50 be adopted. The motion was seconded by Councilman TeWinkle and -carried by the follow- ing roll call vote: AYES: Councilmen Nelson, Smith, Tellinkle, Martin and Pinkley NOES: Councilmen - None ABSENT: Councilmen - None Report of City Manager Resolution No. '14-'B (Salaries) Rep avin g Fairview- & �w improvement 18th & Tustin Upon the recommendation of the City Manager, "Councilman Pinkley presented and moved the adoption of Resolution No.•14-B, "A RESOLUTION OF TI-, CITY COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING A SALARY RANGE TO BE IMOtiN AS SALARY RANGE CLASSIFICATION NO. 2 FOR CERTAIN CITY EMPLOYEES". The motion was seconded by Councilman Martin and carried by -the following roll call voter AYES: Councilmen Nelson, Smith, TeWinkle, Martin and Pinkley NOES: Councilmen - None ABSENT: Councilmen - None The City Manager advised that the City Engineer.has estimated the cost of repaving Fairview Avenue from the north City -limits south to Newport Boulevard at $$2,732.00 and for the improverneht of 18th.& Tustin Avenue at $6,700.00. Resolution Thereupon on:•motion by Councilman Smith, seconded by Councilman #128 P--inkley, Resolution No. 128, "A RESOLUTION OF TITE CITY COUNCIL REQUESTING (18th & COUNTY GAS TAX MONIES IN THE'AMOUNT OF $$6,700.00 FOR THE -PURPOSE -OF Tustin), IMPROVING THE INTERSECTION OF 18TH STREET AND TUSTIN AVENUE" was adopted.by the following roll call vote: AYES:- Councilmen Nelson, Smith,. TbUinkle, Martin and Pinkley NOES: Councilmen - None. ABSENT: Councilmen - None The City Manager advised the Council that he has received many complaints about trash being thrown in the alleys and suggested that warnings be issued to such violators with possible prosecution by Prosecuting Attorney. The City Manager read a communication fromthe Office of Civil Defense of the State of California, which advised that Conelrad alerting procedures will be tested by local radio stations at 1:30 P.M., May25, 1955. 1 1 1 Warrant - Resolution No. 51 2. Copies of a proposal for the construction of a city hall and lease to the City, prepared by the Viking Companies, 9636 Santa Monica Blvd., Beverly Hills, were distributed to the Councilmen for study. The City Manager advised the Council that he had been contacted by Norman Thompson Fairchild concerning an aerial photographic survey of the City and that the price, if taken concurrently with other cities in the County, would be $740.00 (to include one print only) as against $1,500.00 taken at a later date. Upon raoti-by Councilman TeWinkle, seconded by Councilman Smith and unanimously carried, the matter was tabled pending further investigation. The City Manager reported that the Census was completed Friday, May 13, 1955, and requested the Council to authorize payment of warrants in connection with same. Thereupon Warrant Resolution No. 51; a "RESOLUTION ALLOWING CERTAIN CLAIMS AND DEnANDS" was presented and read. It was moved by Councilman Pinkl_ey that Warrant Resolution No. 51 be adopted. The motion was seconded by Councilman Martin and carried by the following roll.call vote: AYES: Councilmen Nelson, Smith, TeWinkle, Martin and Pinkley NOES: Councilmen - None ABSENT:- Councilmen - None On motion by Councilmen TeWinkle, seconded by Councilman Smith, and unanimously carried, the meeting adjourned at 12:10 P.M. Attest Ci y Jerk of the Ci of Costa Mesa of. the Ci - y of Costa Mesa