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Home My WebLink About09/06/1955 - City CouncilREGULAR MEETINGOF THE CITY COUNCIL CITY OF COSTAMESA- September,6,1955 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 P.M., September 6, 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 J. W. McShane. Roll Call Councilmen Present:- Martin, Pinkley,Nelson, Smith and TeWinkle Councilmen Absent: None Officials Present: City Attorney, City Manager, City Clerk. Minutes On motion by Councilman Pinkley; seconded by Councilman Martin, and unanimously carried, the reading of the minutes of August 22, 1955, was waived and they were'approved as written. Bid Opening The City Clerk notified the Council that this was the time and place Tustin & 18th fixed for the opening of bids pursuant to Notice Inviting Bids for the Improvement of Tustin Avenue, and reported that he had received five bids, whichbids were publicly opened, read, and declared as rr follows: Total Estimated Name of Contractor Amount of Bid R. J. Noble Co., Orange, Calif. $7,6.5.06 Cox Bros. Construction 'Co., Stanton 8,106.37 M. E. Horst Co., Costa Mesa 6,186.70 Sully -Miller Contracting Co., Orange 7,110.20 Griffith Co., 1060 S. Broadway, Los Angeles 7,137.06 Reference is hereby made to the bids on file with the City Clerk for all details as to the unit prices and kind or class of work to be done. On motion by Councilman Smith, seconded by Councilman Pinkley, and unanimously carried, the bids were referred to the City Ehgineer for checking and report. The City Engineer reported that he had tabulated the bids received and advised the Council that the bid of M. E. Horst Company, at the price named in said bid, was the lowest regular bid submitted for said improvement and is reasonable and within the estimate made for said work. Resolution #167 Whereupon Councilman Smith moved the adoption of Resolution No. 167, (Improvement of a resolution accepting the bid of M. E. Horst Company at the price Tustin & 18th) named in said bid, said bid being the lowest regular bid submitted for the Improvement of Tustin Avenue in the vicinity of 18th Street; authorizing the Mayor and Clerk to sign contract and instructing the City Clerk to return the bid bonds of the unsuccessful bidders. The motion was seconded by Councilman Pinkley and upon roll call vote was adopted by the following vote: AYES: Councilmen Martin, Pinkley, Nelson, Smith, TeWinkle NOES: Councilmen - None ABSENT Councilmen - None Bid Opening The City Clerk notified the Council that this was the time and place (Improvement fixed for the opening of bids pursuant to Notice Inviting Bids for the of Hamilton St.) Improvement of Hamilton Street, and reported that he had received five bids, which bids were opened, read and declared as follows: Total Estimated Name of Contractor Amount of Bid R. J. Noble Co., Orange $8,313.80 Sully -Miller Contracting Co., Orange 8,258.49 M. -E. Horst Co., Costa Mesa 6,596.28 Griffith Co., 1060 S. Broadway, Los Angeles 7,5.2.02 Cox Bros. Construction Co., Stanton 7,886.36 Reference is hereby made to the bids on file with the City Clerk for all details as to the unit prices and kind or class of.work to be cb ne. On motion by Councilman Smith, seconded by Councilman Pinkley, and unanimously carried, the bids were referred to the City Engineer for checking and report. The City Engineer reported that he had tabulated the bids received and advised the Council that the bid of M. E. Horst Company at the price named in said bid was the lowest regular bid submitted for said improvement and is reasonable and within the estimate made for said work. Resolution ##168 lfhereupon Councilman Smith moved the adoption of Resolution No..168, (Improvement of a resolution accepting the bid of M. E. Horst Co., at the price named Hamilton & in said bid, it being the lowest regular bid submitted for said Maple) improvement; authorizing the Mayor and Clerk to sign the contract and instructing the Clerk to return the bid bonds of the unsuccessful bidders. The motion was seconded by Councilman Pinkley and carried by the following roll call vote: AYES: Councilmen Martin, Pinkley, Nelson, Smith, TeWinkle NOES: Councilmen - None ABSENT: Councilmen - None Bid opening- Informal bids were opened'and read for the realignment of the curb on w. 18th at the north side of West 18th Street at Newport Avenue. Bids were as Newport follows: Name of Contractor Amount -of Bid Sully -Miller Contracting Co., Orange $1,080.00 Cox Bros. Construction Co., Stanton 918.60 R. J. Noble Co., Orange 1,1.5.00 Reference is hereby made to the bids on file with the City Clerk for all details. On motion by Councilman TeWinkle, seconded by Councilman Pinkley, and unanimously carried, the bids were referred to the City 'Engineer for checking and report. The City Engineer reported that the above three bids were higher than the estimate made for said work. On motion by Councilman Martin, seconded by Councilman Pinkley, and unanimously carried, the bids were rejected and the City Manager was authorized to negotiate with other contractors. Vehicle Mayor Nelson announced that this was the time and place to which the Parking District hearing on Vehicle Parking District #2 had been continued. Upon motion ##2 - pub. Hear- by Councilman Smith, seconded by Councilman Pinkley, and unanimously ing. carried, a meeting of the Committee chairmanned by Councilman Smith, Dr. Cowan and other interested property owners was set for Thursday, September 8. On motion by Councilman Smith, seconded by Councilman Pinkley, and unanimously carried, the hearing was continued to the next regular meeting. East 17th Street A letter was read from the Street Improvement Committee of the -East 17th Association Street Improvement Association requesting Council reconsideration of the City's share in the cost of improving 17th Street. Upon the recommendation of the City Manager and on motion by Councilman TeWii-Acle, seconded by Councilman Pinkley, and unanimously.carried, the matter was tabled until after the completion of the Master Street Plan. A letter was read from the Southern California Edison Company requesting Council consideration in an amendment to the City's Ordinance No. 60 which amendment would exempt the Edison Company from obtaining an excavation permit for setting poles when poles are located outside the paved or travelled portion of the street or highway. On motion by Councilman Smith, seconded by Councilman Martin, and unanimously carried, the City Attorney was authorized to draft an ordi- nance amending Ordinance No. 60 as recommended by the Edison Company but stipulating therein the City's control over location of poles. The City Clerk read a notice from the State Board of Equalization regarding premise to premise transfer of an off -sale general license in the name of'Toshi N. Kawai, business to be located at 2664 Newport Blvd. On motion by Councilman Martin, seconded by Councilman Pinkley, and unanimously carried, the Council went on record as objecting to the granting of said application and instructed the City Clerk to direct a letter to the Department of Alcoholic Beverage Control recommending that the application be denied for the reason that the premises of the applicant are in the proximity of the Southern California Bible College. =i A. letter was read from the Costa Mesa Chamber of Commerce recommending that any and all rezoning within the City be held in abeyance pending the adoption of the Master Zoning Plan, except the re -zoning of A-1 and other changes which may comply with the pending Master Zone Plan. Upon motion by Councilman Smith, seconded by Councilman Pinkley, and Unanimously carried, the letter was ordered filed. Dyke Water Co. A letter from the Committee appointed to study the proposal of the Proposal Dyke Water Company was read, recommending that the offer of Dyke .dater Company be declined and that the City pursue its original intention and proposal of developing a municipal water department. Upon motion r by Councilman TeWinkle, seconded by Councilman Pinkley, and unanimously carried, the letter was accepted and filed and the offer of the Dyke ?nater Company declined. Upon the request of Walter Weimer, Chairman of the Planning Commission, a joint meeting of the Council and the Commission was set for Tuesday, September 13, at 8:30 P.M., at the Newport Justice Court, to consider the changes in the Master Street and Zoning Plans as recommended by the Commission. In reporting on the request of the California Bench Company, 2854 West Pico Blvd., Los Angeles, for permission to obtain a license covering courtesy bench advertising, the City Manager reported an interpretation from the City Attorney reveals that such a license is covered by the City's Business License Ordinance and that location of such benches may be controlled by the City Council except on State Highways when location is controlled by the Division of Highways. Vehicle Parking Upon the recommendation of the City Attorney and on motion by District #1 Councilman Pinkley, seconded by Councilman Smith, and unanimously carried, the City Fiscal Officer was authorized to make payments to the Bay 'Escrow Company of the amounts set forth ineach of the contracts on.the seven parcels of property acquired for the Parking District and the Mayor and City Clerk were authorized to sign said escrows. Ordinance #102 Ordinance #102, 'APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY (Baker St. #2) CONTIGUOUS TO THE CITY OF COSTA MESA IN THE COUNTY OF ORANGE, KNOWN 2nd Reading AS 1BAKER STREET NO. 2 ANNEXATION " was presented for second reading. Following reading of the title, Councilman Smith moved that further reading be.waived and that it be read by title only. The motion was seconded by Councilman Pinkley and unanimously carried. Thereupon Councilman Pinkley moved the adoption of Ordinance #102. The motion was seconded by Councilman TeWinkle and carried by the following roll call vote: AYES: Councilmen Martin, Pinkley, Nelson, Smith, TeWinkle NOES: Councilmen - None ABSENT: Councilmen � None Ordinance #103 Ordinance No. 103, "APPROVING THE A 11EXATION OF CERTAIN UNINHABITED (Fairview Road TERRITORY CONTIGUOUS TO THECITY OF COSTA MESA IN THE COUNTY OF #2 Annex.) ORANGE, KNOWN AS 'FAIRVIEW ROAD ANNEXATION NO. 21" was presented 2nd Reading for second reading. Following reading of the title, Councilman Smith moved that further reading be waived and that it be read by title only. The motion was seconded by Councilman Pinkley and unanimously carried. Thereupon Councilman Pinkley moved the adoption of Ordinance No. 103. The motion was seconded by Councilman Smith and carried by the following roll call vote: AYES: Councilmen Martin, Pinkley, Nelson, Smith, TeWinkle NOES: Councilmen - None ABSENT: Councilmen - None Departmental On motion by Councilman Smith, seconded by Councilman Pinkley, Reports and unanimously carried, the following departmental reports for the month of August, 1955, were accepted and ordered filed: Building, Planning, Fire, Street, Pound, Police, and the Fiscal Department's report on free permits issued. The City Engineer presented the final map for the subdivision of Tract #2584 submitted in the name of McLean &Pearsol, 325 Holmwood Drive, Newport Beach, being a subdivision of a portion of Tract 801, MN 24-34, and a portion of Lots 405 & 406, Newport Mesa Tract, into 44 lots, together with a bond in the amount of $16,208.703 a cashier's check in the amount of $13,549.00 for the Water and Sewer Improvements, and signed Agreement. Resolution #169 Thereupon Resolution No. 169, "A RESOLUTION APPROVINGTHE Final Map of MAP OF TRACT #2584 AND ACCEPTING THE STREETS AND ALLEYS, etc" was Tract #2584 presented and read. Upon motion by Councilman Smith, seconded by Councilman Martin, Resolution No. 169 was adopted by the following roll call vote: AYES: Councilmen Martin, Pinkley,Nelson, Smith, TeWinkle NOES: Councilmen - None ABSENT: Councilmen - none The City Engineer submitted the following Standard Plans for Council approval: Plan #12 - Driveway Approach Plan #13 - Typical Street Section, 50' Right of Way Plan #14 - Timber Guard Rail Plan #15 - Copper Pipe Water Service Plan #16 - Fire Hydrant Upon motion by Councilman Smith, seconded by Councilman Tell^Tinkle, and unanimously carried, Plans #12,413 and #14 were approved and accepted as standard plans for the City of Costa Mesa. Ordinan6e-4105 Thereupon Ordinance No. 105, "AMENDING.ORDINANCE #37 ESTAB- (Standard Plans) LSSHING STANDARDS FOR THE CONSTRUCTION AND IMPROVEMENT OF CITY 1st Reading STREETS, CURBS AND GUTTERS" was introduced by Councilman Smith. Following full reading of the Ordinance, section by section, Councilman Smith moved that this constitute the first reading of Ordinance No. 105. The motion was seconded by Councilman TeWinkle and carried by the following roll call vote: AYES: Councilmen Martin, Pinkley, Nelson, Smith, TeWinkle NOES: Councilmen - None ABSENT: Councilmen - None Plans No. 15 and 16, to be incorporated in the City's forthcoming Water Ordinance, was referred to a Committee for study and the Committee given power to approve said plans. The Mayor named the following persons to serve on the Committee: Councilmen Smith, D. Southworth, A. C. Swartz, G. W. Coffey and Ralph Lee. Revised plans and specifications were submitted by the 'City Engineer for the improvement of Superior Avenue between East 17th Street and the South City limits. Councilman Martin moved the adoption of Resolution No. 94-A, '.'A RESOLUTION APPROVING THE REVISED PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF SUPERIOR AVENUE BETWEEN EAST f 1 17TH STREET AND THE SOUTH CITY LIMITS, THE WAGE SCALE ADOPTED AND AUTHORI=J:t,; ZATION GIVEN TO PUBLISH NOTICE INVITING BIDS". The motion was 7 seconded by Councilman TeWinkle and carried by the following roll call vote: AYES: Councilmen Martin, Pinkley, Nelson, Smith, TeWinkle NOES@ Councilmen - None ABSENT: Councilmen - None' Date for the bid opening was set for October 3, 1955. Resolution Upon the recommendation of the City Manager, Councilman TeWinkle #129-A moved the adoption -of Resolution No. 129-A, "a resolution requesting (Superior Ave) the allocation of Gas Tax Money and Chapter 20 Money for the Allocation improvement of Superior Avenue in accordance with the revised plans and specificationstt. The motion was seconded by Councilman Pinkley and carried by the following roll call vote: AYES: Councilmen Martin, Pinkley, Nelson, Smith, TeWinkle NOES: Councilmen - None ABSENT: Councilmen - None Variance #153 Variance Application #153 was submitted in the name of Grace A. (Grace Schmidt) Schmidt, 217 Ogle Street, for the construction of a dwelling 101 from the property line and 172' from the centerline of the alley. Upon the recommendation of the Planning Commission and on motion by Councilman Smith, seconded by Councilman TeWinkle, and unanimously carried, the application was approved with the provision that off-street parking or garage area be provided for each of the two dwellings, proposed on this lot. Variance #154 Variance Application #154 was submitted in the name of A. C. Powers, (A. C. Powers) 388 Bay Street, to permit the drying of rugs on an existing cement slab in the rear of 396 Bay Street, and to permit the use of a small existing building on the property for temporary storage purposes. Upon the recommendation of the Planning Commission and on motion by Councilman Martin, seconded by Councilman Pinkley, and unanimously carried, the application was approved for a period of one year only. Variance #155 Variance Application #155 was submitted in the name of the S & S Company, Anaheim, for permission to construct 7 dwelling units on +� property with an area of 19,900 square feet, and for approval of a rrd rear yard setback of 241-211. Upon the recommendation of the Planning Commission and on motion by Councilman Smith, seconded by Council- man TelATinkle, and unanimously carried, the application was approved. Petition #8 Upon motion by Councilman Smith, seconded by Councilman Pinkley, Rezoning and unanimously carried, Petition No. 81 submitted in the name of (McMillan) D. W. -McMillan, 1566 Newport Blvd., for the rezoning 0'f Orange Avenue between 15th & 16th Streets, from R-4 to C-1, was set for public hearing on October 3, 1955, at 7;30 P.M. Ordinance #106 Upon the recommendation of the City Attorney, Ordinance No. 106, Urgency - Amend urgency, "AN ORDINANCE AMENDING ORDINANCE NO. 91" was introduced Ord. #91 by Councilman Smith. Following reading of the title, Councilman (Westminster) Smith moved that further reading of the Ordinance be waived and that lst Reading it be read by title only. The motion was seconded by Councilman Martin and unanimously carried. Thereupon Councilman Smith moved that this constitute the first reading of Ordinance No. 106'. The motion was seconded by Councilman Martin and carried by the following roll call vote: AYES:, Councilmen Martin, Pinkley, Nelson, Smith, TeWinkle NOES: Councilmen - None ABSENT: Councilmen - None Ordinance #107 Ordinance No. 107, "AN ORDINANCE -OF THE CITY OF COSTA MESA PROHIBITING (Pinball) PINBALL GATS AND OTHER GAPS S OF CHANCE" was introduced by Mayor 1st Reading Nelson. After full reading of the Ordinance, section by section, Councilman Martin moved that this constitute the first reading of Ordinance No. 107. The motion was seconded by Councilman TeIATinkle. After discussion, Councilman Pinkley moved that the ordinance be amended to cause the effective date fall on July 1, 1956. The motion was seconded by Councilman Smith and upon rollcall,_Tlost by the following vote: AYES: Pinkley & Smith NOES: Martin, TeWinkle and Nelson Councilman TeWinkle moved that the effective date be set at December 31, 1955. The motion was sedonded by Councilman Pinkley and lost by the following roll call vote: AYES:- Pinkley and TeWinkle NOES:. Martin, Smith and Nelson Thereupon Councilman Martin re -stated his original motion on the adoption of Ordinance No. 107, which motion had been seconded by Councilman TeWinkle. The motion carried by the following roll call vote: AYES: Martin, TeWinkle and Nelson NOES: PinklQy, Smith Warrant Warrant Resolution NO. WR -59, including Payroll #28, was presented Resolution for approval. On motion by Councilman Pinkley, seconded by ;SWR -59 Councilman Martin, Warrant Resolution No. _14R-59, "A RESOLUTION ALLO14ING CERTAIN CLAIMS AND DEMANDS INCLUDING PAYROLL NO. 28" was adopted by the following roll call vote: AYES: Councilmen Martin, TeWinkle, Nelson, Pinkley, Smith NOES: Councilmen - None ABSENT: Councilmen - None The City Manager reported that he had received a number of complaints concerning (1) the number of ice tread vendors within the City and the music emanating from those vehicles; and (2); large animals being kept too closely to residential areas. On motion by Councilman Nelson, seconded by Councilman Smith, and unanimously carried; the City Manager was authorized to proceed with an investi- gation to determine how other cities ar(�andling like problems. On motion by Councilman Smith, seconded by Councilman TeWinkle, and unanimously carried, the meeting was adjourned at 10030 P.M. he City of Uosta Mesa Attest: A. C. Swartz, City Jerk City of Costa Mesa I. 1