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HomeMy WebLinkAbout12/05/1955 - City CouncilRoll Call Minutes REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA December 5, 1955 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 P.M., December 5, 1955, at the Newport Justice Court, 567 West 18th Street, Costa Mesa. The meeting was called to order by Mayor Pro Tem Martin, followed by the Pledge of Allegiance to the Flag and invocation by Reverend J. W. McShane. Councilmen Present: Martin, Pinkley, Smith and TeWinkle Councilmen Absent: Nelson Officials Present: City Clerk, City Attorney, City Treasurer, City Manager On motion by Councilman Pinkley, seconded by Councilman Smith, and unanimously carried, the reading of the minutes of November 28, 1955, was waived and they were approved as written. -Edward Kimm, 2080 Republic, was present to ask information on the set- back requirements for sidewalks on various streets in the Balboa Vista Tract. He was advised that the sidewalks must be installed in the parkway adjacent to the property line and be four feet in width. Final Map The City Engineer presented the final map of Tract No. 2908, submitted Tract #2908 in the name of Dike & Colegrove, 419'E. 17th Street, Costa Mesa, for the RESOLUTION #186 subdivision of Lot 20,Tract No. 9, together with a bond in the amount of $13,600.00, a check in the amount of $513.81, and signed Agreement. Thereupon Councilman Pinkley moved the adoption of Resolution No. 186, "A RESOLUTION APPROVING THE MAP OF TRACT NO. 2908 AND ACCEPTING THE STREETS AND ALLEYS SHOWN THEREON FOR PUBLIC USE FOR HIGHWAY PURPOSES AND AUTHORIZING THE CITY CLERK TO SIGN THE SAID MAP AND AUTHORIZING. THE. l CITY CLERK AND THE MAYOR TO SIGN THE AGRE NT". The motion was seconded by Councilman TeWinkle and carried by the following roll call vote: AYES: Councilmen Martin, Pinkley, Smith and TeWinkle NOES: Councilmen - None ABSENT: Councilman Nelson Pursuant to Council directive, Chief of Police McKenzie reported on the request submitted by the Associated Student Body of Orange Coast College for signals to be located at the intersection of Harbor Boulevard at Adams Avenue and on Fairview Avenue at Gate 5 of the Orange Coast College. Regarding the signal at Harbor Boulevard and Adams Street, upon the recommendations of the Orange County Traffic Committee, the Chief of Police recommended a signal at this location be installed only after more hazardous intersections are signalized, and further recommended that no action be taken at this time to install a warning light at Gate 5 on Fairview Road until after the completion.of reconstruction and paving. Ordinance #111 Ordinance No. 114, "APPROVING THE ANNEXATION OF CERTAIN UNINHABITED (Wilson Street TERRITORY CONTIGUOUS TO THE CITY OF CCSTA MESA, IN.THE COUNTY OF ORANGE, Annexation) KNMM AS 'WILSON STREET ANNEXATIONt" was presented for second reading. 2nd Reading Followi.ng..reading of the title, Councilman Smith moved that further reading be waived and that it be read by title only. The -notion was seconded by Councilman Pinkley and carried unanimously. Thereupon Councilman Smith moved the adoption.of.Ordinance No. 114. The motion was seconded by Councilman Pinkley and carried by the following roll call vote: AYES: Councilmen Martin, Pinkley, Smith and TeWinkle NOES: Councilmen - None ABSENT: Councilman Nelson Variance #177 Variance Application #177 was resubmitted in the name of Charlotte E. (Skinner) Skinner, 252 Walnut Place, to permit construction of an additional single family residence on a lot located at the corner of Walnut Place and Westminster Avenue, there being two one -bedroom rentals existing on said lot. The City Manager reported that as yet no replies have been received from other cities to whom he had directed inquiries. On motion by Councilman TeWinkle, seconded by Councilman Pinkley, and carried, action was deferred until the next regular meeting. (Smith voted NO) 1 1 1 hTILM Bartine Lease Concerning the renewal of the leases'of R..W. Bartine, DBA Bartine-'s Calico -Shop, and of Mrs. Virginia Davidson and Mrs. Louise Hamblet, DBA The Knitting Bag, the City Attorney reported that the Parking Commission recommends that the Council approve the renewal of the Bartine lease for an additional three-year period, beginning July. 1, 1956, and waive the condition requiring the installation of toilet facilities. Councilman Pinkley moved that the City Attorney be instructed to draw up the Bartine lease in accordance with the recommendations of the Parking Commission, and action on the matter of the lease for the Knitting Bag was deferred in order that some study might be given to enlarging the entrance to the parking lot. The motion -was seconded by Councilman Smith, and unanimous- ly carried. Santa Tomas The City Attorney reported that he had secured signatures of property Street owners on a deed of right of way for Santa Tomas Street and also on a petition requesting the formation of a district for the improvement of the street and requested that he be allowed -to hold the'deed for the right of way in escrow pending the -formation of said district. On motion by Councilman Pinkley, seconded by Councilman Smith, and unanimously carried, the'City Attorney was authorized to hold the deed of right of way for - Santa Tomas Street in escrow." Further; on motion by Councilman Smith, seconded by Councilman Pinkley, and unanimously carried, the City Clerk was instructed to check the signatures on the petition for the formation of an improvement district for the acquired area and assessed valuation and to secure the necessary title reports. Cecil, Albert The City Attorney reported that the signatures of all property owners & Virginia P1. had been obtained in the matter of the improvement of Cecil, Albert and Virginia Places, and requested Council authorization to hold the deed of right of way to the City in escrow pending the formation of the improve- ment district. On motion by Councilman Pinkley,.seconded by Councilman Smith, and unanimously carried, the City Attorney was so authorized. A resolution authorizing the City Manager to make application to the State of California under Chapter 47 for architects' fee in the construc- tion of a new City Hall was submitted for approval prior to receipt by the City of the architects' estimate. Councilman Smith moved the adop- tion of said resolution. The motion was seconded by Councilman Martin and lost by the following roll call vote: AYES: Councilmen - Martin, - Smith NOES-: Councilmen - Pinkley, TeTnlinkle ABSENT: Councilman - Nelson Intersection A resolution accepting completion of the work at the intersection of 18th 18th & Tustin Street and Tustin Avenue was submitted for approval. The City Clerk re- ported that a Mechanic's Lien in the amount of $2.,149..87 had been filed by the Sully -Miller Contracting Company for materials furnished the M. E Horst Company in the reconstruction work at said intersection. On motion by Councilman Pinkley, seconded by Councilman Smith, and unani- mously carried, the work of reconstruction at said intersection was not accepted and the adoption of said resolution withheld. Resolution #187 Resolution No. 187, a resolution amending Resolution No. 162, authorizing (Amend. #162) the City Manager to make application to the State -of California, under Chapter 47, for the City Hall site, was adopted on motion by Councilman TeWinkle, seconded by Councilman Pinkley, and carried by the following roll call vote: AYES: Councilmen - Martin, Smith, Pinkley,.TeWinkle NOES: Councilmen - None. ABSENT: Councilmen - Nelson Resolution #188 Resolution No. 188, a resolution establishing two taxicab zones on the (Estab. Taxicab east side of Newport Boulevard, was adopted on motion by Councilman Smith, Zones) seconded by Councilman Te7inkle, and carried by the following roll call vote: AYES: Councilmen - Martin,, Smith, Te?inkle NOES: Councilman - Pinkley ABSENT: Councilman - Nelson Ordinance #115 Pursuant to the request made -by the Southern California Edison Com - (Amend. #60) pang -for an amendment to Ordinance No. 60, exempting them from ob- lst Reading taining an excavation permit for setting poles when poles are located outside the paved or travelled portion of the street or highway, Ordi- nance No. 115, "AN 'ORDINANCE AMENDING ORDINANCE 60, BEING ENTITLED 'AN ORIINANCE OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING STANDARDS FOR THE CONSTRUCTION, IMPROVEMENT AND REPAIR OF CITY STREETS: PROHIBIT- ING THE OBSTRUCTION OF STREETS AND SIDEWALKS:: REQUIRING PERMITS FOR EX- CAVATIONS, FILLING IN OBSTRUCTION OF STREETS AND PRESCRIBING THE PRO- CEDURE FOR -THE APPLICATION AND ISSUANCE OF PERMITS AND IMPOSING PENAL- TIES FOR'THE VIOLATION THEREOF'" was introduced by'Councilman Pinkley. Following full reading'of the Ordinance, section by section, Councilman Pinkley moved that this constitute the -first reading of Ordinance No. 115. The motion i4a.s seconded by Councilman Smith, and carried by the following roll call vote: AYES: Councilmen- Martin, Pinkley, Smith, Tel?Jinkle NOES: Councilmen - None ABSENT: Councilmen - Nelson Ordinance #116 Pursuant to Council directive of November 7,, 1955, concerning the (Amend. #20) adoption of the'State Use Tax, Ordinance No. 116, "AN ORDINANCE OF THE lst Reading CITY OF COSTA MESA, IMPOSING A CITY SALES AND USE TAX: PROVIDING FOR. THE PERFORMANCE BY THE STATE BOARD OF EQUALIZATION OF ALL FUNCTIONS IN- CIDENT TO THE ADMINISTRATION, OPERATION AND COLLECTION OF THE SALES AND USE TAX HEREBY IMPOSED: SUSPENDING THE PROVISIONS OF ORDINANCE NO. 20 DURING SUCH TIME AS THIS ORDINANCE IS OPERATIVE:' AND PROVIDING PEN- AITIES FOR VIOLATIONS THEREOF," was introduced by Councilman Smith. Following full reading of the ordinance, section by section, Council- man Smith moved that this constitute the first reading of Ordinance No. 116. The motion was seconded by Councilman TeWinkle, and carried by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith_, TeWinkle NOES: Councilmen - None ABSENT: Councilmen - Nelson (Second reading to be withheld pending action by County of Orange) Permits On motion by Councilman TeWinkle, seconded by Councilman Martin, and unanimously carried, the following applications for business licenses to permit the installation of various skill games on January 1, 1956, was referred to the Chief of Police and the City Attorney for study and recommendation: Orange County Music Company, 409 1,T. 1st Street, Santa Ana 1 music machine at Dick's Place; 2390-92 Newport Boulevard 1 pool table; 1 shuffle alley; 1 skill gun at Dick's Place 1 .pool table, -1 shuffle- alley, 1 skill gun at Vant's Bowling Alley Santa Ana Novelty Company, 660 -West 17th Street 3 skill games at Wagon Wheel, 1830 Newport Boulevard 3 -skill games at Mesa Club, 1818 Newport Boulevard 1 skill game at Harold's Cafe; 1670 Newport Boulevard 3 skill games at Bavarian Inn, 780 West 19th Street 1 skill game at Van's Bowling Alley, 1703 Superior -Avenue 1 skill game at Shamrock Liquor Store, 18222 Newport Avenue 1 skill game at Harvey's Liquor Store, 1667 Newport Boulevard 1 skill game at Harbor House Restaurant, 2260 Harbor Boulevard Beach Amusement Company, 1577 Miramar, Balboa 1 skill game Silver Dollar, 1600 Newport Boulevard 1 skill game Mesa Liquor Store, 1794 Newport Boulevard 1 skill game Mesa Club, 1818 Newport Boulevard 1 skill game Speedy Lunch, 2014 Placentia Avenue Newport -Balboa Music Company, 706 East Bay Street, Balboa 1 skill game Van's Bowling Alley 1 skill game Speedy Lunch 1 skill game Shamrock Liquor Store 1 skill game Fred's Drive Inn Ori motion by Councilman Pinkley, seconded by -Councilman TeWinkle, and unanimously carried, the application for business license submitted in the name of Newport Harbor Y's Mens' Club, 1717 Orange Avenue, to sell 3jo 1 1 y � � Christmas trees at 1739 Newport Blvd., was approved and the fee waived. On motion by Councilman Pinkley, seconded by Councilman Smith, and unanimously carried, the application submitted in the name of Youth Services Association, Box 721, Costa Mesa, to sell Christmas trees at the corner of 17th and Orange, was approved and the fee waived. A communication from the Costa Mesa Union School District was submitted by the Planning Commission protesting the approval of additional trailer courts in the City of Costa Mesa for the reason -that the tax yield to the School District from trailer courts is negligible. On motion by Councilman Pinkley, seconded by Councilman Smith, and unanimously carried, the letter was accepted and ordered filed. Variance 1#66 Request for extension of Variance No. 66 was submitted in the name of (Tabler) Mrs. Ruth Tabler, 352 E. 19th Street, to allow the construction of a third unit ona lot 50 x 138 feet in size. 'Upon the recommendation of the Planning Commission and on motionby Councilman Pinkley, seconded by Councilman Smith, and unanimously carried, the request was granted for a period of one year from the expiration date of the original CAO application, Variance #175 Variance Application No. 175 was submitted in the name of G. A. Martin, (Martin) 1310 Idlewood Road, Glendale, to permit construction of a trailer park in an R-4 and C-2 zone, between 100-106 West Wilson Street. Upon the recommendation of the Planning Commission and on motion by Councilman TelJinkle, seconded by Councilman Smith, and unanimously carried, the application was approved. Variance #179 Variance Application No. 179 was submitted in the name of the Southern (Lutheran California District of The Lutheran Church (Missouri Synod),5146.E. Church) Olympic, Los Angeles, to permit use of land on the north side of Victoria Street, 330-400 feet east of Placentia, for church and school -- purposes. Upon the recommendation of the Planning Commission and on motion by Councilman Pinkley, seconded by Councilman Smith, and unanimously carried, the application was approved with the provision that the new plot plan be submitted to the Planning Commission prior to.the issuance of a building permit. Variance ,.#181 Variance Application No. 181 was submitted in the name of Louis E. (Bennett) Bennett, 2132 Orange Avenue, Costa Mesa, to permit a rear yard setback of 15 feet at 2128 Orange Avenue. Upon the recommendation of the Planning Commission and on motion by Councilman Smith, seconded by Councilman Pinkley, and unanimously carried, the application was approved with the provision that the variance approval inno way establish or delete.any existing property lines or easements. Highway Petition for the abandonment of the southwesterly 270.15 feet of Lot "A", Abandonment Tract No. 402, was submitted in the name of Harley Benedict, 306 Snug Petition Harbor Road, Newport Beach. Upon the recommendation of the Planning (Benedict) Commission and on motion by Councilman TeWinkle' seconded by Councilman Pinkley, and unanimously carried, the request was denied for the reason that the abandonment of this portion of the street (running from 16th Street to 16th Place) would necessitate the abandonment of the remaining portion of the street from 16th Place to Ogle Street. Warrant Warrant Resolution No. WR -67, including Payroll No. 34, was presented Resolution No, for approval, On motion by Councilman TeWinkle, seconded by Councilman WR -67 Pinkley, Warrant Resolution No. WR -67, "A RESOLUTION ALLOWING CERTAIN CLAIMS AND DEMANDS INCLUDING PAYROLL NO. 34" was adopted by the following roll call vote: AYES: Councilmen Martin, Smith, Pinkley and TeWinkle NOES: Councilmen- None ABSENT: Councilman Nelson Warrant Resole- Warrant Resolution No. WR-68,was presented for approval. On motion tion #WR -68 by Councilman Pinkley, seconded by Councilman Martin, Warrant Resolution N0. WR -68,,,r A RESOLUTION ALLOI.ING CERTAIN CLAIMS AND DEMANDS" was adopted by the following roll call voter AYES: Councilmen Martin, Smith, Pinkley and TeWinkle NOES: Councilmdn - None ABSENT: Councilman Nelson 352 On motion by Councilman Smith, seconded by Councilman Pinkley, and unanimously carried, the following department reports for the month of November, 1955, were accpeted and ordered filed: Building, Street, Planning, Police, Fire,Civil D6fense, Pound, and the Fiscal Department's report on Free Permits. On motion by Councilman Pinkley, seconded by Councilman TeWinkle, and unanimously carried, the City Manager was authorized to purchase sewer_ cleaning equipment from the Southwest Sewer Tool Conpany, said Company having submitted a low bid in the amount of $1,185.70. This was on informal bid with two firms submitting bids. The City Manager reported that as a result of a survey made concern- ing the policies of neighboring cities on the waiving of fees for the construction of school buildings or other construction under the juris- diction of a political subdivision, replies had been received from 18 cities out of which 8 waived fees unconditionally; 7 waived fees conditionally and 3 charged unconditionally. Because of the difficulty being encountered with the contract for the reconstruction of the intersection at 18th Street at Tustin Avenue, the City Manager reported that he had solicited and received an informal bid from Sully -Miller Contracting Company for the paving of the area around the addition to the City Hall, which had previously been awarded. to M. -E. Horst Company. After discussion and on motion by Councilman TeWinkle, seconded by Councilman Pinkley, and unanimously carried, the bid of Sully -Miller Contracting Company was accepted subject to the cancellation of the contract with the M. E. Horst Company, and the City Attorney was authorized to draw up a release for said company. A communication from the Planning Technician was read requesting that Section 2.5, Article III of Ordinance No. 46, be amended to include the Fire Prevention Officer -and the Police Department in the distribution of tentative maps by the Planning Commission. Upon motion by Councilman Pinkley, seconded by Councilman TeWinkle, and unanimously carried, the City Attorney was instructed to amend Ordinance No. 46 in accordance with the request. The City Manager brought to the attention of the Council the condition of cess pools in Tract No. 1881. After discussion, it was moved by Councilman TeWinkle, seconded by Councilman Smith, and unanimously carried, that the City Engineer when approving tentative maps take into consideration the period of time which may elapse before sewer connections can be made. Mrs. G. A. Halling was present to urge the Council to expedite the improvement of Santa Tomas Street and asked about the adviseability of - the City making temporary repairs to said street before the major work is started. She was informed that no work could be done by the City at this time as the street is not a dedicated right of way. On motion by Councilman TeWinkle, seconded by Councilman Smith,and unanimously carried, the meeting was adjourned at 9:15 p.m. Mayr pf' the ClIty of Costa Mesa ATTEST:- . City Clerk of the Ty of Costa Mesa