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HomeMy WebLinkAbout06/06/1955 - City Council8, REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA June 6, 1955 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 P.M., June 6, 1955, at the Newport Justice Court, 567 West 18th Street, Costa Mesa. The meeting was called to order by Magor Nelson, followed by the Pledge of Allegiance to the Flag and invocation by Reverend M. C. Cronic. Roll Call Councilmen Present: Martin, Smith, Pinkley and Nelson Councilmen .Absent: Telplinkle 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 16, 1955, was waived and they were approved as written. Vehicle Park- Mayor Nelson declared that this was the time and the place to which the ing District public hearing on Vehicle Parking District No. 2 had been continued. -#2-Hearing On motion by Councilman Smith, seconded by Councilman Pinkley, and unanimously carried, the hearing was continued to June 20, 1955. :Teed_ "_Abatement Mayor.Nelscn announced that.the public hearing which has been duly __(public jearing)published and set for this time and date on the 1955 weed abatement program was noir open. The Clerk reported that the affidavit of post- ing the property is on file and that no written protests have been filed. There being no oral or written protests and on motion by Councilman Smith, seconded by Councilman Pinkley, and unanimously carried, the hearing was declared closed. Resolution Thereupon Councilman Pinkley moved the adoption of. Resolution No. 132 No. 132, a "RESOLUTION ORDERING TIE CITY MANAGER AS STREET SUPERINTENDENT (,)Teed Abate- TO ABATE NOXIOUS 1,1EEDS AS A NUISANCE". The motion was seconded by ment) Councilman Martin and carried by the following roll call vote: AYES: Councilmen: Martin, Smith, Pinkley and Nelson NOES: Councilmen - None ABSEI\IT: Councilmen TeWinkle Street Opening Mayor Nelson announced that the public hearing which has been duly Virginia, published and set for this time and date, for the hearing of protests Albert & Cecil and objections against the opening and laying out, and the acquisition (Pub. Bearing) by condemnation of lands necessary and convenient for public streets to be I=Tpm and designated as Virginia Place, Cecil Placd and Albert Place, respectively, tri thin the City of Costa Mesa. The Clerk reported that the affidavits and proof of the publication of theOrdinance of Intention #88, the mailing of notices of the adoption of said Ordinance of Intention, and the posting of the Notices of Improvement, as required by law, had been made and are on file in the office of the City Clerk. The Clerk reported that no written protests or objections had been filed with him regarding said matter. Mayor Nelson then asled if anyone present desired to be heard concerning the proposed street opening. Mrs. R. W. Rousch,2220 Orange Avenue,presented to the Council an itemized list of damage to her property that ti-;ould result from proposed improvement, said damages amounting to $2,470.00. Walter L. Hepperle, 2502 `East 22nd Street, wanted assurance from the Council that in the event of the acquisition of right -of -fray he would-be allowed to have his house nine feet from the property line. It was the consensus of opinion that no difficulty, would be experienced by Mr. Hepperle as existing buildings will be allowed to remain -regardless of the setbacks resulting from acquisition of lights -of -way. John W. Parks, J. C. 1.Vheeler and Clarence LaBelle were also present seeking information regarding the compensation for property condemned in the acquisition of rights-of-way. An opportunity having been given to all persons desiring to be heard, and a full, fair and impartial hearing having been granted, on motion by Councilman Pinkley, seconded by Councilman Smith, and unanimously carried, the public hearing was declared closed. 259 Resolution Thereupon Councilman Smith presented Resolution No,. 133. -and No. 133 moved its adoption, Resolution x#133, being "A RESOLUTION FINDING THAT (Street THE PUBLIC INTEREST AND CONVENIENCE REQUIRE THE LAYING OUT AND OPENING Opening- 'OF PUBLIC STREETS WITHIN THE CITY OF COSTA MESA AS DESCRIBED IN THE Albert, ORDINANCE, OF INTENTION NO. 88, AND AUTHORIZING THE CITY. ATTORNEY TO Virginia BRING ACTION FOR THE CONDEMNATION. OF THE REAL PROPERTY DESCRIBED THEREIN". and The motion was seconded by Councilman Pinkley and carried by the follow - Cecil P. ing roll cal vote: AYES: -Councilmen Martin, Smith, Pinkley and Nelson NOES: Councilmen - None ABSENT: Councilman Tellinkle Resolution Thereupon Resolution No. 134, "A RESOLUTION AUTHORIZING AND EIPOLATERING No. 134 TIS CITY ATTORNEY TO SECURE THE NECESSARY TITLE REPORTS.COVERING (Street- PROPERTIES DESCRIBED IN ORDINANCE 07 INTENTION NO. 8811 was presented Opening: by Councilman Pinkley. On motion by Councilman Pinkley, seconded by Title Councilman Martin, Resolution No. 134 was adopted by the following Reports) roll call vote: AYES: Councilmen Martin, Smith, Pinkley and Nelson CYD -NOES: Councilmen - None ABSENT Councilmen Td'Hinkle "55" The report of the Building Official regarding the 155" Market was Market read, said report listing the -minimum electrical and health require- ments necessary -to be met before occupancy permit can be issued. Mr. Max Hurwitz, attorney for Mr. and Mrs. Joseph Bezdek, was present and asked that a copy of report be given to him so that he may determine with the contractor the cost involved in meeting said requirements. Upon motion by Councilman Smith, seconded by Councilman, and unanimously carried, the request was granted and the matter will be considered at the next regular meeting. Tract The letter from Max Pope requesting the Council to reconsider Tentative' #2562 Map of Tract 1#2562 was re -read for the benefit of property owners on ' (Max Pope) East 22nd Street. A. -E. Coleman and' other property owners were present to reiterate their opposition to the proposed tract plan. On motion by .Councilman Pinkley, seconded by Councilman Martin, and unanimously carried, the matter was deferred to the next regular meeting in order that the Councilmen may have time to s.tlidy the-sketch,.prepared by the City 'Engineer, showing existing streets and existing houses in the 40 -acre area. A letter was read from the Orange County Fair requesting consideration on the following problems prior to their becoming a part of the City of Costa Mesa. 1. Waiving of -business licenses for concessionaires, exhibitors and the Babcock Shows Carnival during Fair. 2. Adequate fire protection during Fair. 3. Building inspections and permits be continued to be handled by State Division.of Architecture. Upon diction by Councilman Smith, seconded by Councilman Pinkley, and unanimously carried,, the City Manager was instructed to make a.report at the next regular meeting relative to the policies followed by other cities - having similar events. A letter was read from Willard T. Jordan, Architect, 1923 Harbor Blvd., offering his services as architect on the -proposed City Hall building. On motion by Councilman Pinkley, seconded by Councilman Martin, and unanimously carried, the letter was ordered filed. A communication was read from the Bureau of Census together with certificate regarding the official count of the returns of the Special Census taken as of May 3, 1955, said count being 17;320. A communication from Sully -Miller Contracting Company, 1500 West 7th Street, Long Beach 13, was read requesting an extension of 45 calendar days for_.the completion of Rochester Street Improvement. On motion by Councilman Smith, seconded by Councilman Pinkley, and unanimously carried; the request was granted. 260 A communication was read from the Veterans of Foreign Wars, Coastline Post ;3536, requesting permission to use a public address system on Saturdays only between the hours of 9:00 a.m. to 6:00 p.m., for a period of one month, for the purpose of announcing public events. After considerable discussion Councilman Smith moved that a permit be granted with fee waived, to use the public address system two.Saturday afternoons during the month of June between the hours of 2:00 P.M. and 6:00 P.M. for the purpose of advertising local dances only. A communication from the Planning -Commission was read requesting an amendment.of Ordinance No. 46 by deleting.therefrom Section 6.3, Article II regarding front setback lines.. After discussion and on motion by Councilman Pinkley, seconded by CouncilmanSmith, and unanimously carried, the City Attorney was instructed to make the requested_ amendment. A communication was -.read from W. M..Alvord, 2221 Pacific Avenue, regarding his application on.May 19 for a business -license. Because the license will expire June '30 and he does.not plan to.start operating his business untilnafter July 1, he requested a refund or credit of the license fee of 636.00. Upon.motion by Councilman Pinkley, seconded by Councilman Martin, and carried, the Fiscal Officer was authorized to issue a new license without additional.fee for the coming fiscal year. (Councilman Smith voted no) On motion by Councilman Smith, seconded -by Councilman Pinkley,= and unanimously carried, a communication from R. D. Flaherty concerning the ,financing policies for Parking District No. l,.was referred to the Parking District Commissioners for consideration. Ordinance #90 Ordinance No. 90, an "ORDINANCE AMENDING ORDINANCE.NO. 25, BEING (Amend.,#25) ENTITLED 'SAN ORDINANCE OF THE CITY OF COSTA MESA, .CALIFORNIA, PROVIDING 2nd Reading FOR LICENSING AND REGULATING THE CARRYING ON OF VARIOUS PROFESSIONS, TRADES, CALLINGS, BUSINESSES AND OCCUPATIONS AND PRESCRIBING A PENALTY FOR THE VIOLATIONS-TH.EREOF "1. After full reading of _the Ordinance, section by section, Councilman Pinkley moved that this constitute the second reading of Ordinance No. 90. The motion was seconded by Councilm an.Smith and was unanimously carried. Thereupon Council- man Pinkley moved the. adoption of Ordinance No. 90. -The motion was seconded by CouncilmanMartin and carried by the following roll call vote: AYES: Councilmen Martin, Smith, Pinkley and Nelson NOES: Councilmen - None ABSENT: Councilman Tel4inkle Ordinance #91 Ordinance No. 91, an "ORDINANCE AMENDING SECTION 10.3 OF ARTICLE X (Amend. Ord. OF ORDINANCE 32, BEING ENTITLED IAN.ORDINANCE OF THE CITY OF COSTA No. 32 - MESA ESTABLISHING LAND CLASSIFICATIONS IN DISTRICTS WITHIN THE setbacks) INCORPORATED TERRITORY OF THE CITY OF COSTA MESA AND REGULATING THE 2nd Reading USES OF.PROPERTY THEREIN, ADOPTING A MAP OF SAID DISTRICTS, DEFINING THE TERMS USED IN THIS ORDINANCE, PROVIDING FOR THE ADJUSTMENT, ENFORCEMENT AND AMENDMENT HEREOF,.PRESCRIBING PENALTIES FOR VIOLATION HEREOF, AND REPEALING ORDINANCES AND PARTS -OF ORDINANCES INCONSISTENT AND IN CONFLICT HER&g1THt ", was presented for second reading. Following reading of ttheititl_e, Councilman Pinkley moved that this constitute the second reading of.Ordinance No. 91. The motion was seconded by Councilman Martin and was .unanimously carried. , Thereupon Councilman Smith moved the adoption of Ordinance _No. 91. The motion was seconded by Councilman Pinkley and carried by the following. roll call vote: AYES: Councilmen Martin, Smith, Pinkley and Nelson NOES: Councilmen - None ABSENT: Councilman TeWinkle Department On motion by Councilman Pinkley, seconded by Councilman Smith, Reports and unanimously carried, the report of the Police .Department for the month of May, 1955, was accepted and ordered filed. On motion by Councilman Smith, seconded by Councilman.Martin, and unanimously carried, the report of the Building Department for the month of May, 1955, was accepted and ordered filed. On motion by Councilman Pinkley, seconded by Councilman Smith, and unanimously carried, the report of the Street Department for the month of May, 1955, was accepted and ordered filed. 1 1 On motion by Councilman Pinkley, seconded by -Councilman Smith, and unanimously carried, the Veterans of Foreign Wars, Coastline Post #3536 was granted a permit to sell fireworks at 2056 Newport Blvd., subject to the approval of the Fire Prevention Officer, and the license fee was - waived. On motion by Councilman Pinkley, seconded by Councilman Martin, and unanimously carried, the Costa Mesa Kiwanis Club,.Inc., was granted a permit to sell firworks at 328 East 17th Street, subject -to the approval of the Fire Prevention Off icer,'&t the license fee waived. On motion by -Councilman Pinkley, seconded by Councilman Martin, and unanimously carried, Richard Lawrence (Dick's Market) 2.02 Newport, was granted a permit to sell fireworks at -202 E. 17th Street, subject to the approval of the Fire Prevention Officer. On motion by Councilman Smith, seconded by Councilman Pinkley, and unanimously carried, the report of the Fire Department for the month of May, 1955, was accepted and ordered filed. On motion by Councilman Smith, seconded by Councilman Pinkley, the' report of the Fiscal Officer regarding free permits issued during the month of May; 1955, was accepted and ordered filed. Building Applications for Building Moving Permits ##72 and #73 were submitted in Moving the name of Dorsey Simmons, 2123 Santa And Avenue, to move two houses Permits as follows: #72 & #73 #72 - to move a house from 17th & Westminster, Santa Ana, to 2.51 Santa Ana Avenue, Costa Mesa. On motion by Councilman Smith, seconded by Councilman Pinkley and unanimously carried, the application was approved as recommended by the Planning Commission. #73 - To move a house from 1412A Lake Street, Glendale, to 2.512 Santa Ana Avenue, Costa Mesa. Upon the recommendation of the Planning Commission and on motion by Councilman 'Martin, seconded by Councilman Pinkley and carried, the application,was denied. (Councilman Smith voted No) Variance Variance Application #122 was submitted in the name of H. W. Wright, #122 Costa Mesa, to permit the erection.of a building on the property line in Lots 4, 5, 6, 7, 8 and 9, Tract 279 (112-130 Rochester Street). Upon the recommendation of the Planning Commission and on motion by Councilman Pinkley, seconded by. Councilman Martin, and unanimousl§ carried, the application was approved on the condition that the setback from the centerline.of'Rochester Street shall be 301 rather than the 251 as requested. Variance- Variance Application. No. 123 was submitted in the name.of C.Lewis Baltz,- #123 1110 Coast B1vd.,,Corona del Mar, for the erection of a sign 10t x 41 on the southwesterly side of Superior Avenue at the extension of 17th Street. Upon the recommendation of the Planning and on motion by Councilman Pinkley, seconded by Councilman Smith, and unanimously carried, the application was approved to allow the erection of a sign 32 square feet in size and that applicant be notified of the present .plans to widen Superior Avenue, and thatin the event of such widening, the sign shall be removed at his expense. Variance Variance Application #124 was submitted in the name of William'0. Schultz, #1211. 361 Magnolia Street, and Julian Hulbert, 1737 Irvine Street, for the erection•of a 6221 sign with 6' ground clearance, at the front property line at 222 Victoria Street. Upon the recommendation of the Planning Commission and on motion by Councilman Smith, seconded by Councilman Pinkley, and unanimously carried, the application was approved on the condition that the sign have a ground clearance of 81,and further, in the event of the street being widened, the sign shall be removed at applicant's expense. Permits Upon motion by Councilman Martin, seconded by Councilman Pi.nkley,and unanimously carried, M. F. Aufder Heide, 2016 Newport Blvd., was granted a permit to sell fireworks at 1518 Newport Blvd., subject to the approval of the Fire Prevention Officer. On motion by Councilman Pinkley, seconded by -Councilman Smith, and unanimously carried, the Veterans of Foreign Wars, Coastline Post #3536 was granted a permit to sell fireworks at 2056 Newport Blvd., subject to the approval of the Fire Prevention Officer, and the license fee was - waived. On motion by Councilman Pinkley, seconded by Councilman Martin, and unanimously carried, the Costa Mesa Kiwanis Club,.Inc., was granted a permit to sell firworks at 328 East 17th Street, subject -to the approval of the Fire Prevention Off icer,'&t the license fee waived. On motion by -Councilman Pinkley, seconded by Councilman Martin, and unanimously carried, Richard Lawrence (Dick's Market) 2.02 Newport, was granted a permit to sell fireworks at -202 E. 17th Street, subject to the approval of the Fire Prevention Officer. On motion by Councilman Pinkley, seconded by Councilman- Martin, and unanimously carried, Mesa -Ranch Market; 1976 Newport Blvd., was granted. a permit to sell fireworks at 488 17th Street, subject to the approval of the Fire Prevention Officer. On motion by Councilman Pinkley, seconded by Councilman Smith, and unanimously carried, the application of Kusterfs Quality Cleaners, 17th & Superior, to sell fireworks was approved subject to the approval of the Chief of Police as to the location of the stand, and the approval of the. Fire Prevention Officer. Resolution Upon the request of the City Manager and on motion by Councilman No. 129 Martin, seconded by Councilman Pinkley, Resolution No. 129, a (Superior "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA REQUESTING Avenue) $10,350.00 OF CHAPTER 20 MONIES FOR THE RECONSTRUCTION OF SUPERIOR AVENUE" was adopted bythe following roll call vote:, AYES: Councilmen Martin, .Smith, Pinkley and Nelson " NOES: Councilmen - None .ABSENT: Councilman TeWinkle Resolution -Upon the request of the City Manager and on motion by Councilman Martin, No. 130 _seconded by Councilman Pinkley, Resolution No. 130, a "RESOLUTION OF (Maple & THE CITY COUNCIL REQUESTING $2,950.00 OF CHAPTER 20 MONIES FOR THE. Hamilton St.) RECONSTRUCTION OF THE INTERSECTION- OF MAPLE STREET AND HAMILTON STREET" was adopted by the following roll call.vote: AYES: Councilmen Martin, Smith, Pinkley and Nelson NOES: Councilmen - None ABSENT; Councilman TeWinkle Resolution Upon the request of the City Manager and on motion by Councilman Smith, No. 131 seconded by Councilman Pinkley, Resolution No. 131, a "RESOLUTION (West 18th REQUESTING $402.50 OF CHAPTER 20 MONIES FOR THE -IMPROVEMENT OF THE St. & IN.TERSECTION AT WEST 18TH STREET -AND -NEWPORT AVENUE" was adopted by Newport Ave) the- follotiring roll call vote: AYES: Councilmen Martin, Smith,. Pinkley and Nelson NOES:, Councilmen - None ABSENT: Councilman TeWinkle Resolution In connection with the new water system to serve at least two proposed No. 135 subdivisions in the northern area of the City, Resolution No. 135 (Domestic Water -was presented by Councilman Martin; being a resolution "APPLYING FOR Permit) DOMESTIC WATER PERMIT AND AUTHORIZING MAYOR TO SIGN AND FILE SUCH APPLICATION WITH THE STATE BOARD OF PUBLIC HEALTH". Upon motion by Councilman Martin, seconded by Councilman Pinkley, Resolution No. 135 was adopted by the following roll call vote: AYES: Councilmen Martin, Smith, Pinkley and Nelson NOES: Councilmen - None ABSENT: Councilman TeliTinkle Resolution Upon the recommendation of the City Manager and on motion by Councilman No. 136 Pinkley; seconded by Councilman Martin, Resolution -No. 136, a (Civil Defense '!RESOLUTION AUTHORIZING THE DIRECTOR.OF -CIVIL DEFENSE TO SIGN NEW Fire Pumper) AGREEMENT' COVERING THE ASSIGRUIENT OF CIVIL DEFENSE FIRE PUMPER" was adopted by the following roll call vote: - AYES: Councilmen Martin, Smith, Pinkley and Nelson NOES: Councilmen - None ABSENT: Councilman Te'nli.nkle Mayor.Nelson appointed Bert Smith and George Coffey to work with him as a committee to meet with Willis Warner and Hans Kaiser on the proposed Forestry Service Agreement between the City and the County. 1,,arrant Warrant Resolution No. WR -52, a "RESOLUTION ALL9TING CERTAIN CLAIMS Resolution AND DEMANDS, INCLUDINiG PAYROLL NO. 22," WAS presented and read. It NO. IaR-52 was.moved by Councilman Pinkley, that Warrant Resolution No. D!!�--52 be adopted. The motion was.seconded by Councilman Smith and carried by the following roll call vote:_ AYES: Councilmen Martin, Smith, Pinkley and Nelson NOES Councilmen - None ABSENT: Councilman TeWinkle 263 -- The City Manager advised the Council that -he had received a communication from the Department of Public Works indicating that ' the estimated gas tax revenue for 1956 will be $48,80.00 or an increase of 03,2L0.00 as -a result of our special census, and that we shall be received from the "In Lieu" fund an additional 03,000.00. Bids on -The City Manager submitted bids on office equipment as follows: Office ' For the Fire Department: Desk,. Desk Chair, Filing Cabinet, �Equipment -Typewriter and Typing Stand. For the Fiscal Department: Typewriter, Adding Machmne, Safe. Upon motion by Councilman Martin, seconded by Councilman Nelson, the _City Manager was authoriz.ed'to purchase the office equipment and furniture for the Fire Department by the following roll call vote AYES:, Councilmen Martin, Smith, Pinkley and Nelson NOES: Councilmen - None ABSENT: Councilman Tel,%Tinkle Upon motion by Councilman Smith, seconded by Councilman Pinkley, the City Manager was.authorized to purchase the equipment for the Fiscal Department, if there is sufficient money in the budget, by the follotiuing roll call vote: AYES: Councilmen Martin, Smith, Pinkley and Nelson NOES: -Councilmen - None C ABSENT: Councilmen TeTATinkle. The following bids, being the lowest and best bids received; were accepted: From the Coast Office Equipment Company, 1935 Harbor Blvd: The City Manager requested Council permission to secure proposals for Public Liability and Property Damage and Fire, Theft and Collision Insurance on city -owned equipment for the ensuing year or three-year period. On motion by Councilman Smith, seconded by Councilman Pinkley, and unanimously carried, the City Manager was authorized to advertise.for bids on a one and three-year basis and authorized to draw up ppecific ations. One file - legal size ;010..80 compliance with Ordinance No. 18. On motion by Councilman Martin, seconded Two typewriters - 16" Pica 197.50 16" Gothic elite 197.50 will be at an adjourned meeting after the 20th day:o.f Juno::. One adding machine (Burroughs) 300.00 One safe (Meilink) 650.52 City of two or more police cars on an annual rental basis, and a proposal Safe Interior 113.78 From Williams Stationers, 3430 via Lido, Newport Beach: included in the preliminary budget. One desk _ 11'1.00 One chair 51.90 Pumper into working condition, and recommended investigation of the One typing stand 21.50 The City Manager requested Council permission to secure proposals for Public Liability and Property Damage and Fire, Theft and Collision Insurance on city -owned equipment for the ensuing year or three-year period. On motion by Councilman Smith, seconded by Councilman Pinkley, and unanimously carried, the City Manager was authorized to advertise.for bids on a one and three-year basis and authorized to draw up ppecific ations. The City Manager presented a tentative budget for the year 1955-56 in compliance with Ordinance No. 18. On motion by Councilman Martin, seconded by Councilman Pinkley, and unanimously carried, the public hearing on the budget was set for the next regular meeting June 20; and adoption will be at an adjourned meeting after the 20th day:o.f Juno::. The City Manager submitted a proposal from Municipal Auto Leasing, Inc., 345 West Huntington Drive, Monrovia, California, on the leasing to the City of two or more police cars on an annual rental basis, and a proposal from Pyle, Lance & Schlinger, 490 'East Walnut -Street, Pasadena, for the auditing of City records. Both items, the City Manager stated, are included in the preliminary budget. The City Manager advised the Council that the Seagraves Company in Los Angeles had advised him that it will cost 03,500..00 tet the Seagraves Pumper into working condition, and recommended investigation of the report. 'Upon motion by Councilman Pinkley, seconded by Councilman Martin, and unanimously carried, the City Manager was authorized to secure the services of JJd 2dick for the inspection. Further, on motion by Councilman Pinkley, seconded by Councilman Smith, and unanimously carried, the City Manager was authorized to proceed upon the basis of said report from Mr. Edick. The Mayor announced that -Huntington Beach's annual parade will be held on 264 Monday, July 4, and requested the Mayor Pro Tem to represent the City at the event or to appoint someone in his place. Upon motion by Councilman Pinkley, seconded by Councilman Smith, and unanimously carried, the meetingradjoui:ned at 10:45 P.M. 1 of .R e 17,77 -y -I Costa 12esa ATTEST: City Clerk of the Ci J of Costa Mesa 1 1