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HomeMy WebLinkAbout11/07/1955 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA November 7, 1955 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 P.M., November 7, 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 Tom Newman. Roll Call Councilmen Present: Martin, Pinkley, Nelson, Smith and TeWinkle Officials Present: City Attorney, City Clerk, City Treasurer & City Manager Minutes On motion by Councilman Pinkley, seconded by Councilman Smith, and unanimously carried, the reading of the minutes of October 17, 1955, was waived and they were approved as written. Gisler Street Mayor Nelson reported that this was the time and place fixed for the hear - Annexation #1 ing of protests or objections against the proposed "Gisler Street (Pub. Hearing) Annexation #111. The Clerk reported that the affidavits and proof of the publication of the Resolution of Intention, the mailing of notices of adoption of said Resolution of Intention, as required by law, had been msde and are on file in the office of the City Clerk. The Mayor thereupon declared the hearing open. The Mayor requested all persons who wished to speak on the proposed annexation to do so. No person desired to speak and there being no :oral or written protests, Councilman Smith moved that the hearing be . closed. The motion was seconded by Councilman Pinkley and was unanimously carried. Ordinance ##112 Thereupon Ordinance No. 112, "APPROVING THE ANNEXATION OF CERTAIN UNINHABITED (Gisler Street TERRITORY CONTIGUOUS TO THE CITY OF COSTA MESA, IN TIM COUNTy OF ORANGE, Annexation #1) KNOI0 AS "GISLER STREET ANNEXATION NO. 111, was introduced by Councilman - lst Reading TeTATinkle. Following full reading of the Ordinance, section by section, Councilman TeWinkle moved that this constitute the first reading of Ordinance -No. 112.- The motion was seconded by Councilman Pinkley and carried by the following roll call voter AYES: Councilmen Martin, Pinkley, Nelson, Smith and TeWinkle NOES: Councilmen - None ABSENT:. Councilmen - None Adoption of Mayor Nelson announced that the public hearing on the adoption of the 1955 Building Uniform Building Code, 1955, Edition, Volumes I and III, published by the Code - Pacific Coast Building Officials Conference, as proposed in Ordinance Public Hearing No. 110 of the City of Costa Mesa, was now open. The Clerk reported that the affidavit and proof of the publication of Notice of Hearing has been made and is on file in the office of the City Clerk. The Mayor requested all persons who wished to speak on the matter to do so. No person desired to speak and there being no oral or written protests, Councilman Pinkley moved that the hearing be closed. The motion was seconded by Councilman Martin and carried unanimously. Ordinance #110 Thereupon Ordinance No. 110, "AMENDING ORDINANCE N0. 31, BEIM ENTITLED (Amend. #31- 'AN ORDINANCE REGULATING THE ERECTION, CONSTRUCTION, REPAIR, ENLARGEMENT, uniform Building ALTERATION, REMOVAL, DEMOLITION, SANITATION AND OCCUPANCY OF ALL BUILDINGS Code) AND STRUCTURES: ADOPTING PLUMBING AND -ELECTRICAL CODES: PROVIDING FOR 2nd Reading PERMITS AND PENALTIES THEREUNDER AND REPEALING ORDINANCES NO. 10, 11 and 12►' 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 carried unanimously. Thereupon Councilman Smith moved the adoption of Ordinance No. 110. The motion was seconded by Councilman Pinkley and carried by the following roll call vote: AYES: Councilmen Martin, Pinkley, Nelson, Smith and TeWinkle NOES: Councilmen - None ABSENT Councilmen - None c Petition #9 Mayor Nelson declared that this was the time and place to which the (Rezoning- public hearing on Petition #9 for the -rezoning of Lot 506, Newport Tiffaney) Mesa Tract, submitted in the name of -A. E. Tiffaney, had been continued. (Public Hear.) The City Attorney advised the Council that the applicant desired to ui thdraw his application for said rezoning. Thereupon on motion 'by Councilman Smith, seconded by Councilman TeWinkle, and unanimously carried, the request for wTthdrawa1gas ranted and the public hearing declared closed. Edward Kimm, 2080 Republic, was present to seek Council advise on what procedure to follow in securing sidewalks for property located inthe Balboa Vista Tract. He was advised that upon presentation to the Council of a petition bearing signatures of interested property owners, the City would then proceed with the necessary engineering and legal work in the formation of an improvement -district under the 1911 Act. Walter Weimer, Chairman of the Planning Commission, was present to determine what progress was being made by the Council on the master plans for street and land use developments. On motion by Councilman Smith, seconded by Councilman Pinkley, and unanimously carried, the encroachment permit submitted in the name of the Costa Mesa Friday Afternoon Club for the erection of a double - face directional sign at the corner of W. 18th Street and -Newport Avenue, was approved. A communication was submitted from the Costa Mesa Sanitary District, offering to sell to the City a parcel of land consisting of two and one-half (22) acres described as -follows: the easterly one-half of Lot 1101 of the Newport Mesa Tract, for a price of $3;000.00 per acre or a total of X7,500.00, contingent upon official appraisal. On motion by Councilman Pinkley, seconded by Councilman TeWinkle, the offer was accepted subject to said appraisal figure by the following roll call vote: AYES: Councilmen Martin, Pinkley, TeWirulsle, Smith, NOES: Councilmen - None NOT VOTING: Councilman Nelson ABSENT:- Councilmen - None Resolution ##174 Thereupon Councilman Smith moved the adoption of Re -solution No. 174, (Sanitary Dist.- a resolution authorizing the City Manager to secure appraisals on the sale of land) above described parcel of land for submission to the Local Allocation Division of the State Department of Finance in applying for allotment under Chapter 47, Statutes of 1944. The motion was seconded by ,Councilman Pinkley and carried by the following roll call voter AYES: Councilmen Martin, Pinkley, TeWinkle, Smith and Nelson NOES: Councilmen - None ABSENT: Councilmen - None A communication was read from the Planning Commission requesting that a legal representative be present at all future meetings of the Commission. On motion by Councilman TeWinkle, seconded by Councilman Pinkley, and unanimously carried, the City Attorney was instructed to be present at all future Planning Commission Meetings. On motion by Councilman Smith, seconded by Councilman TeWinkle, and unanimously carried, the communication from the Costa Mesa Union School District regarding the fly problem at the Lindbergh School was ordered filed. On motion by Councilman Pinkley, seconded by Councilman Smith, and unanimously carried, the communication from the State Board of Equalization regarding the double transfer of an on -sale general license for business to be conducted at 1703 Superior Avenue by H. Stanley Henline, was accepted and ordered filed. Tract No. ,1714 On motion by Councilman Smith, seconded by Councilman Pinkley, and (Sullivan & unanimously carried, the request of the City Engineer for release of Everson - the bond posted by Sullivan and Everson to guarantee Construction Release of Bond of improvements in Tract No® 1714 was approved. On motion by Councilman Pinkley, seconded by Councilman TeWinkle, Acceptirg Audit aid unanimously carried, the action of the Committee in accepting Proposal the proposal of P)rle, Lance & Schlinger, 490 E. Walnut Street, Pasadena, for an audit of the cash transactions of the City for the fiscal year of 1955-1956, was ratified. Improvement of Pursuant to Council directive, the City Engineer reported on the 16th Place proposed improvement of 16th Place and recommended that the improvement be included in a larger district and in, the meantime an attempt be made to obtain deeds of right of way for the extension of 16th Place to Tustin Avenue. In view of the interest being shown by the Chamber of Commerce, Councilman TeWinkle moved that they be requested to circularize a petition for the purpose of securing the required signatures for the formation of an improvement district to comprise the area recommended by the City Engineer. Motion seconded by Councilman_ Smith and unanimously carried. Final Map The City Engineer presented the final map for the subdivision of Tract #2562 Tract No. 2562 submitted in the name of Dike & Colegrove, 419 East 17th (Dike & Colegrove�treet, being a subdivision of Lots 273 and 274, Newport Heights, into RESOLUTION #175 49 lots, together with a bond in the amount of $53,600.00, a check in the amount of $1,877.68, and signed Agreement. Thereupon Resolution No. 175, 11 A RESOLUTION APPROVING THE MAP OF TRACT NO. 2562 AND ACCEPTING THE STREETS AND ALLEYS SH01gN THEREON FOR PUBLIC USE FOR HIGHWAY PURPOSES AND AUTHORIZING THE CITY CLERK TO SIGN THE SAID MAP AND AUTHORIZING THE CITY CLERK AND THE MAYOR TO SIGN THE AGREEMENT" was presented and read. Upon motion by Councilman Smith, seconded by Councilman Martin, Resolution No. 175 was adopted by the following roll call voter AYES: Councilmen Martin, Nelson, Smith and TeWinkle NOES Councilman Pinkley ABSENT: Councilmen - None Improvement Pursuant to Council directive, the City Attorney reported on the proposed of Santa Tomas improvement of Santa Tomas Street. After discussion and on motion by Street Councilman Martin, seconded by Councilman Pinkley, and unanimously carried, the City Attorney was authorized to secure the deed of right of way on Parcel ##119-162-08, being a 150, lot on the corner of Santa Ana Avenue and Santa Tomas, with the provision that the'City will accept a 201 right of way on the above described parcel. Proposed After hearing a report by the City Attorney on the regulation of Ordinance vendors using noise -making devices, C ouncilman TeWinkle moved that regulating the City Attorney be instructed to present a draft of a proposed. noise. ordinance at the next regular meeting. The motion was seconded by Councilman Martin and was unanimously carried. The City Attorney presented a re -draft of a proposed ordinance prohibiting pinball machines. After full reading thereof, Ordinance No. 107, "PROHIBITING PINBALL GAPES AND OTHER GAMES OF CHANCE" was re -introduced by Councilman Martin. Councilman Smith moved that the effective date be changed from January 1, 1956, to July 1, 1956. The motion was seconded by Councilman Pinkley and lost by the following roll call vote: AYES: Councilmen Pinkley and Smith NOES: "Councilmen Nelson, Martin and TeWinkle ABSENT; Councilmen - None Thereupon Councilman Martin moved the adoption of Ordinance No. 107 as presented and that this constitute the first reading. Councilman TeWinkle seconded the motion and it carried by the following roll call vote: AYES: Councilmen Nelson, Martin and TeWinkle. NOES: Councilmen Pinkley and Smith ABSENT Councilmen - None Permits On motion by Councilman Pinkley, seconded by Councilman Smith, and unanimously carried, the application for business license of Golden West Amusement Comp any, 463 Broadway, to place a jukebox at the Mesa Club, was approved. On motion by Councilman Smith, seconded by Councilman Pinkley, and unanimously carried, the application of Walter Hickman, 2687 Riverside, for permission to sell Christmas trees for a 15 -day period, at premises located at 22nd Street and Newport Boulevard, was approved. 1 Ll 3 eT FAY Petition #10 A communication was read from John F.Kimble and Neal Martin (Rezoning) requesting withdrawal of their petition for the rezoning of 18th Kirable-Martin Street between Orange and Santa Ana Avenues, from R-4 to C-1, and requesting permission to resubmit a revised application without additional fee. On motion by Councilman Smith, seconded by Councilman Pinkley, and unanimously carried, the request for withdrawal of the petition was granted but the request for waiver of the fee was denied. Variance #171 Variance Application No. 171 was submitted in the name of Louis B. (Fitzpatrick) Fitzpatrick, 110 Wilson, for side yard setback in the construction of a car port. On motion by Councilman Smith, seconded by Councilman Martin, the application was approved with the provision that at no time shall said car port be enclosed, by the following roll call vote: AYES: Councilmen Martin, Nelson, Smith, TeWinkle and Pinkley NOES: Councilman - None ABSENT: Councilmen - None Variance #172 Variance Application x#172 was submitted in the name of Phillip D. (Sullivan) Sullivan, 453 Victoria Street, requesting a rear yard setback in the construction of a garage at 498 16th Place. Upon the recommendation of N the Planning Commission, and on motion by Councilman Pinkley, seconded by Councilman Martin, and unanimously carried, the application was Approved. �2 Building Moving Application for Building Moving Permit No. 102 was submitted in the Permit #102 name of Jim Winton, 1900 Harbor Boulevard, to move a building from (Winton) 1880 Harbor to 2201 Harbor Boulevard. Upon the recommendation of the Planning Commission, and on motion by Councilman Pinkley, seconded by Councilman Smith, and unanimously carried, the application was approved. Applications Application for Building Moving Permits #103,,,--.104, 105 and 106 was for Building submitted in the name of Pearl Goodman, 2589 Santa Ana Avenue; to move Moving Permits two dwellings and two garages from 3415-19 MacArthur in Fullerton, #103,10.,105 & to 277 and 281 Del Mar Street. Upon the recommendation of the Planning 106 - Goodman. Commission and on motion by Councilman Smith, seconded by Councilman TeWinkle, and unanimously carried, the applications were approved. Tentative Map A revised layout of Tentative Map #2750 was submitted in the name of Tract #2750 Roven-Spiegel Construction Company, 5658 West Third Street, Los Angeles 36, (Roven-Spiegel) California, for the subdivision of a portion of Lot "All of the Banning Tract into 850 lots. On motion by Councilman Pinkley, seconded by Councilman Smith, and unanimously carried, the map was approved subject to the recommendations of the City Engineer set forth in his letter dated August 8, 1955, and incorporating the changes recommended by the City Planning Commission as set forth in a letter dated August 125 1955, both letters on file inthe office of the City Clerk. Tentative Map Tentative Map of Tract No. 2873 was submitted for recommendation,prior Tract #2873 to annexation, by the Hunny Investment Company, 9026 East Las Tunas Drive, (Hunny) Temple City, for the subdivision of a portion of Lot 34, Tract No.. 9, into 171 lots. After discussion, Councilman Smith recommended that the map be approved subject to the conditions stipulated by the City Engineer and the Planning Commission and recommended that the 15 foot alley be gained by decreasing the width of "B" Street from 60 feet to 54 feet. The motion was seconded by Councilman Pinkley and carried unanimously. Wilson Street Letters from property owners of Lot 34, Tract No. 9, was submitted by Annexation the City Clerk requesting to have annexed certain uninhabited property lying contiguous to the City of Costa Mesa, described as shown on a map on file in the City Clerk's Office. After ascertaining that approval of the Orange County Boundary.Commission had been obtained for the boundaries of the proposed annexation to be known as "WILSON STREET ANNEXATION", Councilman Pinkley moved that the petitions be accepted and ordered filed. The motion was seconded by Councilman TeWinkle aid carried unanimously. Resolution #176 Thereupon Councilman Pinkley moved that Resolution No. 176, "A (WilsQn St. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CCS TA MESA, CALIFORNIA, Annexation) .OF INTENTION TO ANNEX AND GIVING NOTICE THEREOF" be adopted. The motion was seconded by Councilman TeWinkle and carried by the following roll call vote: AYES: Councilmen Nelson, Martin, TeWinkle, Pinkley and Smith NOES: C ounc ilmen - None ABSENT: Councilmen - None (The public hearing was set for 7:30 p.m., November 28, 1955) Ordinance X113 Ordinance No. 113, "AAI ORDINANCE OF THE CITY OF COSTA MESA ADOPTING A (Fire Preven- FIRE PREVENTION CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS tion Code) TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION" was introduced by Council- lst Reading man Smith. Following full reading, section by section, Councilman Smith moved that this constitute the first reading df Ordinance #113. The motion was seconded by Councilman Pinkley and carried by the following roll call vote: AYES: Councilmen Nelson, Martin, TeWinkle, Pinkley and Smith NOES: Councilmen - None ABSENT: Councilmen - None (The public hearing was set for 7:30 p.m., November 28, 1955) The City Attorney reported that the Harbor Transfer and Storage Company, 2200 Newport Boulevard, had requested and obtained approval from the Division of Highways for a loading zone in front of their place of business. Resolution #177 Thereupon Councilman Martin moved the adoption of ResolutionNo. 177, (Loading zone a resolution creating a loading zone on Newport Boulevard at a point on Newport Blvd) beginning 40 feet northeast of the curb line of East 22nd Streetand extending northeast for a distance of 35 feet. The motion was seconded by Councilman TeWinkle and carried by the following roll call vote: AYES: Councilmen Nelson, Martin, TeWinkle, Pinkley and Smith NOES: Councilmen - None ABSENT: Councilmen - None Resolution ;172-AUpon the recommendation of the City Attorney, Councilman Martin moved (Payroll Fund" -the adoption of Resolution No. 172-A, a resolution amending Resolution No. 172 by adding a section stipulating that the procedure for the withdrawals from the Payroll Fund shall not be in conflict with the procedure as set forth in Resolution No. 63. The motion was seconded by Councilman Pink -ley and carried by the following roll call vote: AYES: Councilmen Nelson, Martin, TeWinkle, Pinkley and Smith NOES: Councilmen - None ABSENT: Councilmen - None Upon the recommendation of the City Attorney, and on motion by Councilman Martin, seconded by Councilman TeWinkle, and unanimously carried, the City Attorney was instructed to draft a proposed ordinance amending the City's Sales Tax Ordinance for the purpose of adopting the State Use Tax. Warrant Warrant Resolution No. WR -65, including Payroll No. 32., was presented Resolution for approval. On motion by Councilman TeWinkle, seconded by Councilman No. WR -65 Martin, Warrant Resolution No. WR -65, "A RESOLUTION ALLOWING CERTAIN CLAIMS AND DEMANDS INCLUDING PAYROLL NO. 32" was adopted by the following roll call vote: AYES: Councilmen Nelson, Martin, TeWinkle, Pinkley and Smith NOES: Councilmen - None ABSENT: Councilmen - None City Manager's The City Manager reported that the County has standardized all street Report signs and recommended, for purposes of uniformity, that the Council consider the standardization of street signs similar to those used by the County. On motion by Councilman Martin, seconded by Councilman Smith, and unanimously carried, the City Engineer was instructed to draw up standards for City street signs. A communication was read from the Building Official concerning the problem of expediting the processing of applications for subdivision of fewer than five lots, and recommending that the Planning Technician be authorized to release the building site for construction upon receipt of a signed agreement or bond furnished by the applicant to guarantee compliance of the required regulations. On motion by Councilman Martin, seconded by Councilman TeWinkle, and unanimously carried, the letter was referred to the Planning Technician for consideration by the Planning Commission at their next meeting. On motion by Councilman Smith, seconded by Councilman Pinkley, and unanimously carried, the report of the Conference on Qivil Defense at Sacramento, submitted by William Dunn, and the following departmental reports for the month of October, 1955, were accepted and ordered filed: Building, Street, Planning, Police, Fire, Pound and the Fiscal Department's Report on Free Permits. M.E. Horst Upon the recommendation of the City Manager and on motion by Bid Councilman TeWinkle, seconded by Councilman Pinkley, and unanimously (grading & carried, the bid of M. E. Horst Company, 458 West Wilson, in the paving) amount of $536.00 for the grading and paving of 3,600 square feet to provide ingress and egress for the addition to the City Hall,was accepted. The City Manager asked Council authorization to purchase an additional cw �r 200 gallons of white tra.ffic'pai.nt contingent upon confirmation from supplier on previous bid,and, further, that authorization be given to call for firm bids on a six months' supply of paint. Upon motion by Councilman Pinkley.;. seconded by Councilman Martin, and unanimously carried, the requests were granted. Resolution #178 On motion by Councilman Smith, seconded by Councilman Pinkley, (Civil Defense Resolution No. 178, a resolution authorizing the City Manager to Agreement) sign the Agreement from the Office of Civil Defense for the Temporary Transfer of Vehicular Equipment, was adopted by the following roll call vote: AYES: Councilmen Nelson, Martin, TeWinkle, Pinkley and Smith NOES: Councilmen - None ABSENT: Councilmen - None Resolution #179 The City Manager reported that a meeting with the State Division (Freeway) of Highway officials had revealed that no action has yet been taken on the protest filed by the City of Costa Mesa in October of 1954, on the proposed construction of an inaccessible freeway between 20th Street and Palisades Road, and urged the Council to resubmit the protest at this time. Thereupon on motion by.Councilman Martin, seconded by Councilman Smith, Resolution No. 179, a resolution protesting the construction of an inaccessible freeway between 20th Street and Palisades Road, was adopted by the following roll,call vote: AYES: Councilmen Nelson, Martin, TeWinkle, Pinkley and Smith NOES: Councilmen - None ABSENT: Councilmen - None (Copies of the resolution to be sent to the following: each member of the State Division of Highway Commission, Senator John Murdy, and the Highway Committee of the Associated Chambers of Commerce. The City Manager announced that a meeting of the Joint Interim Committee on transportation problems is to be held in Long Beach at 10:00 a.m., on Wednesday, November 9, and urged the Council to appoint a representative of the City of Costa Mesa to be present. Upon Motion by Councilman TeWinkle, seconded by Councilman Pinkley,and unanimously carried, the Council appointed the City Manager to be present at the meeting. Upon motion by Councilman Martin, seconded by Councilman Pinkley, a refund of $6.00 for Mrs. Eugene Wells, 79 Linden Street, representing a fee collected in error by the Pound Department, was approved by the following roll call vote: AYES: Councilmen Martin, TeWinkle, Pinkley, Smith and Nelson NOES: Councilmen - None ABSENT: Councilmen - None n 4 The City Manager reported that plans are being made for a joint meeting with the Talbot Drainage District and the Newport Drainage District officials to determine the possibility of the City entering into an agreement for draining water into the lower end of the ditch, and urged that the Council authorize the Mayor to appoint a representative to be present at the proposed meeting. On motion by Councilman Smith, seconded by Councilman Pinkley, and unanimously carried, the Mayor was so authorized. The City Manager distributed copies of the Second AnnualReport of the City of Costa Mesa to each Councilman. On motion by Councilman Martin, seconded by Councilman TeAnkle, and unanimously carried, the meeting was adjourned at 10;30 p.m. 609 ;aly7-o-:r—F---o t e i y of Cos a Mesa Attest: City Clerk of the ity of Costa Mesa 1