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HomeMy WebLinkAbout02/06/1956 - City Council1 ROLL CALL ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS i REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA February 6, 1956- The 956 The City Council of the City of Costa Mesa, Caliiornia,'met in regular session at 7:3'0 P.M., February 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 invo- cation by Reverend Clive Williams. - Being Boy Scout TATeek, the Scouts were -present at the Council Meeting and answered for the Council.members during the first portion of the Meeting. Councilmen Present:- Martin, Pinkley, Smith, Nelson and Meyers Councilmen Absent: None Officials Present: - City Attorney, City Clerk and City Manager Upon motion by C. Pinkley, seconded by C. Martin, and unanimously carried, the reading of the minutes of January,16, 1956, was waived, and„they were, approved as written. Upon motion by C. Smith, seconded by C. Pinkley, and unanimously -carried, the reading of the minutes of January 23, 1956, was waived and they were' approved as written., Mr. Grundy, 2035 Pomona St.; Costa Mesa, asked the Council to expedite the sewer project,on the west side for a•possible March vote, but was advised by Mayor Nelson that this -was a matter for the Sanitary District and should be presented directly to them or to a member of the Board. A communication was read -authorizing the Council -to turn over the Custodian Check, as of February 1, 1956, to Mr Arthur M. Hayes, 2618 Santa Ana Ave., Costa Mesa. A motion was made by C. Smith that the City Attorney draft a new contract., seconded by C.,Pinkley, and unanimously carried. Tustin Ave. & A.communication was read from the minutes of the Boundary Commission of 22nd St. Annex- Orange County regarding the proposed annexation of territory to the City. ation of Newport Beach. Upon motion -by C; Pinkley, seconded by C. Meyers, and unanimously carried,-the.communication was ordered filed. Upon motion by C. Smith, seconded by Ca Meyers, and -unanimously carried, the communications -from -the -Alcoholic Beverages Control regarding the follo�ring liquor licenses were -accepted and ordered filed: Bargain Basket Markets (off -sale general); Wi.egandts Food Market (retail package off -sale general); Dickts Market (off -sale general); Silver Dollar (on -sale beer only); and Anthony's Market (off -sale general). C. Z. Springe A communication was read from C. Z. Springe,-1910 Tnhittier Ave., Costa Mesa, -'attempting to absolve Western Drafting of any responsibility in the construction of an addition to a building at 1584 Newport Boulevard without a permit by Robert Daniel. Upon motion by C. Pinkley, seconded by C; Smith; and unanimously carried, the letter was ordered filed. Davis -Brown C omp any Drainage Ditch (Smith, etc.) A communication was read from the Costa Mesa Planning Commission regard- ing the Davis -Brown issue brought before their meeting on January 23rd and involving.the requested.enforcement of City -Ordinance -No. 46. The City Attorney advised that proposed plans,of the Costa Mesa Development Plaza to erect buildings for rental and --encircling the Davis -Brown' -Co. property could not be classified as a -subdivision under the City Ordin- ance; giving the Council no jurisdiction over this matter. Russel L. Peachee, representing Davis -Brown Compamr, solicited -the Council to inter- pret the_ -situation ,as closely and equitably as possible. Upon advice of the City Attorney, and upon motion by C.. Smith, seconded by C. Pinkley, and unanimously carried, the petition was denied, leaving the matter open for civil action. _ Roland Smith, 1953 Arnold Ave., Costa Mesa, Robert Mennes, 1956 Pomona Street, Mr. Wilkinson, 1952 Pomona Street, and Mario Pacini, 1961 Arnold Ave., solicited the Council' -s action in turn regarding a drainage ditch in the vicinity of 19th and Meyers St., which was put in by Dike & Colegrove, subdivider of Tract No. 1986, supposedly flooding the premises of the property owners in question. After discussion, and upon recommendation of several council members who are familiar with the situation, it was moved by Mayor Nelson that the matter be refer- red to the City Engineer, who was requested to submit his recommenda- tion at the next regular council meeting, seconded by C. Meyers, and unanimously carried. ORDINANCE #120 Ordinance No. 120, "STANDARD PLAN NO. 17 - CITY OF COSTA IvIESA,.CALI- (Street Signs) FORNIA, STREET SIGN," was presented for second reading. -Following full 2nd Reading reading of the Ordinance, section by section, it was moved by C. Smith, seconded by C. Pinkley, and unanimously carried, that this constitute the second reading of the Ordinance. Thereupon C. Smith moved the adoption of Ordinance No. 120. The motion was seconded by C. Pinkley, and carried -by the following roll call vote: Rights -of -Way AYES: Councilmen Martin, Pinkley, Smith, Nelson and Meyers NOES: Councilmen - None ABSENT: None ORDINANCE #121 Ordinance No. 121, "AN ORDINANCE OF THE CITY OF COSTA MESA AMENDING Amending Ord. #118 ORDINANCE NO. 118, BEING ENTITLED IAN ORDINANCE OF THE CITY OF COSTA (Rabies) MESA PROVIDING FOR -THE VACCINATION OF DOGS FOR RABIES111, was pre- lst Reading sented for 1st reading, exempting dogs from vaccination for rabies when such vaccination may, upon certification by a licensed veterin- arian, endanger the life of said dog. The Mayor requested all per- Variance #185 sons who Wished to speak on the proposed Ordinance to do so, after HARRIS full reading of the proposed'Ordinance, section by section. Mrs. Harold Baxter, -379.- 20th St., Costa Mesa, reada plea for the pro- posed Ordinance on behalf of the Orange County Pet Protectors. Thereupon it was moved by C. Smith that this constitute the . 1st reading of Ordinance No.,121. The motion was seconded by C. Pink - Variance #187 ley, and carried by the following roll call vote: AYES: Councilmen Martin, Pinkley, Smith, Nelson and Meyers NOES: Councilmen -.None ABSENT: None LIGHTING DISTRICT- A report was made -by the City Attorney on the proposal to bring 1 1 the lighting system under the jurisdiction of the City. Upon.advioe _ of the City Engineer, a motion was made by C. Meyers authorizing the City Engineer to make plans for the formation of a City Light- ing District under the 1.919 Lighting District.Act,.setting forth the requirements and showing districts and zones for the various sections of the City. The motion was seconded by C. Pinkley and unanimously carried. Rights -of -Way Concerning the proposed Ordinance establishing various rights-of-way, a communication was read from --the Planning Commission advising the Council that they will incorporate them into the Master Plan. Master Plan A communication from the Planning Technician was read requesting Meeting that the,City Engineer be present at the public me eting to be held at Everett Rea School at 7:30 p.m. February 21, 1956, regarding the Mas- ter Plan, and bring with him flood control maps of-the'City for-ex- orex- planation. planation. Upon motion by C. Pinkley, seconded by C, Smith, and unanimously carried, the above requests were approved. Variance #185 Variance Application No. 185 was submitted in the name of Yvonne F. HARRIS Harris, 66' Ross Street, to permit piano instruction in her home. C. Meyers moved that. the Variance be granted,.providing that she in- struct only one student at a time, with a maximum of only three students per day, with no advertising signs permitted. The motion - was seconded by C; Pinkley and unanimously carried. Variance #187 Variance Application No. 187 was submitted in the name of Jack Bradley, BRADLEY 2342 Marwick Avenue, Long Beach, to permit the.erection of six -units 1 1 7 " .r Bldg. Moving Building Moving Application No. 115 was submitted in the name of Leola App. #115 Adams, 2344 Newport Blvd.; to permit the relocation of a building at (t. ADAMS) that address. Upon moti on'by C. Smith, seconded by C. Pinkley, and unanimously carried, the application was approved. Tentative Map Tentative Map of Tract No. 2991 was submitted in'the name of Polkinghorn Tract #2991 Construction Co., 412 Marine Ave., Manhattan.Beach, California, for the (POLKINGHORN) subdivision of a portion of tot 24 of Newport Heights into 25 lots. C. Smith moved that the Tentative Map be approved aubject to the recommenda- tions of the City Engineer,.as set forth in letter dated January 23, 1956, and subject to the posting of a bond in the amount of $600.00 for a term of 3 years to guarantee improvements of one-half the alley, as recommended by the Planning Commission. The motion was seconded by C. Meyers and unanimously carried. Tentative Maps Tentative Maps of Tracts #2836, #2992 and #2993 were submitted in the Tracts #2836, names of Frank Bissell, 1885 Park Ave., Costa Mesa; Hudson B. Saffell, 2992 & 2993 1037 E. Lemon St., Monrovia, California.; and Dr. Robert Duey, 124 Via (SAFFELL, BIS- Quito, Newport Beach, respectively; for the_proposed.subdivisions of SEL & DUEY) portions of Lots #217, #218 and #228 of -Newport Heights. .C. Smith moved that the Tentative Map be approved subject to"the recommendations of -the City Engineer-, as set forth in.letter dated.January 23, 1956, with the provisions that -the approaches on the -south side of 20th St. to the existing driveways be graded to the new street level, as recommended by the Planning Commission. The motion was seconded by C. Pinkley.-and. unanimously carried." Proposed Amend- A communication was read by.the City Attorney to -amend Ordinance #32, ment to Ord.#32 Land Use Ordinance, to: a. permit amendments to variance to be filed and applied for on a land area of 15;077 sq. ft. in an Rh zone on the lot adjacent to 327 Walnut. Upon recommendation of the Planning Commission,.and upon .motion by C. Meyers, seconded by C. Smith, and unanimously carried, the request was -denied. Variance 7.--`188 Variance Application No. 188 was submitted in the name of Pauline Hermann, HERMANN 638 West 18th St., to permit alrear yard setback of 15 ft. and a side yard setback of 3 --ft, at 934 Evergreen.. Upon motion by C. Pinkley, seconded by C. Meyers and unanimously carried, the Variance was granted upon recommendation of the Planning Commission._ Variance #189 Variance Application Ido. 189 was submitted in the name of H. J. Wood, WOOD 212 Flower St., to permit a front yard setback. -of 46 ft. from C/1 of street; rear yard setback to 131611;- side yard setbacks of 31 and 41, and a garage on the front of the lot. Upon the recommendation of the Plan- ning Commission and on motion by C. Meyers, seconded by C. Smith and unanimously carried, the Application was approved. 5-,, Variance #190 Variance Application No. 190 was submitted in the name of Major F. Leach, LEACH 2373 Orange Ave.,,to permit temporary placement of a house trailer in an R4 Zone, for an indefinite period of time to be contingent upon his re - �f covert'. After considerable discussion,' and upon .approval of the Planning -Commission it was moved by C..Smith that the -Application be granted, the time Limit being" three years or -recovery, - nichever comes first. The -motion was seconded by C. Pinkley and unanimously carried. Amendment to An Amendment to Variance Application No. 5 was submitted in the name of Variance App. Jesse Black, 770 West 19th St., to permit an extension of time. Upon #5 (BLACK) motion by -C. Meyers, seconded by C. Smith, and unanimously carried, a one-year extension was granted, requiring that work be completed before February 6, 1957. Amendment to An Amendment to Variance Application No. 115 was submitted in_.the name Variance App". #115 (HUNKY) of Hunny Investment Co., 9026 E. Las Tunas Drive, Temple City, to correct an error on the original Variance (granted May 4, 1955) and allow a rear yard encroachment to 191h" on Lot Tract 2378. Upon motion by -90, C. Pinkley, seconded by C. Meyers and unanimously carried, the Amendment was granted. Bldg. Moving Building Moving Application No. 115 was submitted in the name of Leola App. #115 Adams, 2344 Newport Blvd.; to permit the relocation of a building at (t. ADAMS) that address. Upon moti on'by C. Smith, seconded by C. Pinkley, and unanimously carried, the application was approved. Tentative Map Tentative Map of Tract No. 2991 was submitted in'the name of Polkinghorn Tract #2991 Construction Co., 412 Marine Ave., Manhattan.Beach, California, for the (POLKINGHORN) subdivision of a portion of tot 24 of Newport Heights into 25 lots. C. Smith moved that the Tentative Map be approved aubject to the recommenda- tions of the City Engineer,.as set forth in letter dated January 23, 1956, and subject to the posting of a bond in the amount of $600.00 for a term of 3 years to guarantee improvements of one-half the alley, as recommended by the Planning Commission. The motion was seconded by C. Meyers and unanimously carried. Tentative Maps Tentative Maps of Tracts #2836, #2992 and #2993 were submitted in the Tracts #2836, names of Frank Bissell, 1885 Park Ave., Costa Mesa; Hudson B. Saffell, 2992 & 2993 1037 E. Lemon St., Monrovia, California.; and Dr. Robert Duey, 124 Via (SAFFELL, BIS- Quito, Newport Beach, respectively; for the_proposed.subdivisions of SEL & DUEY) portions of Lots #217, #218 and #228 of -Newport Heights. .C. Smith moved that the Tentative Map be approved subject to"the recommendations of -the City Engineer-, as set forth in.letter dated.January 23, 1956, with the provisions that -the approaches on the -south side of 20th St. to the existing driveways be graded to the new street level, as recommended by the Planning Commission. The motion was seconded by C. Pinkley.-and. unanimously carried." Proposed Amend- A communication was read by.the City Attorney to -amend Ordinance #32, ment to Ord.#32 Land Use Ordinance, to: a. permit amendments to variance to be filed and applied for 374 within one year, without fee,, -subject to certain conditions as recommended - by- the Planning Commission. - b. request that.,there-be added.to our Land Use Ordinance a new -Zone A-1 Agricultural District adapted to these uses: farm- ing, agriculture, poultry raising, etc. Upon recommendation of the Planning Commission, and upon motion'by C. Pinkley, seconded by C. Martin, and unanimously carried. the City Attorney was instructed to make these two amendments and bring" -them beforethe Council at the -next regular meeting. PERMITS Upon motion by C. Pinkley, seconded by C. Smith and unanimouslycarried, the application for business license submitted in the name of Dewey R. Sander, P.(;1. Box 381., Costa Mesa, to operate a personalized Rubbish Service, was approved.. Upon motion by C. Smith, seconded by C. Pinkley-, and unanimously carried, the -application for business license -submitted in the name of Student Body - Southern California Bible College, to operate and install a juke box in their snack bar, was -approved and -fee waived. A communication was read from the.Building Official requesting an 85% refund on fees.of $313.50 charged --for- plans submitted for three proposed buildings.loc ated at 501-517, 519-527, 529-545 TAT. 19th St. nn May 2h, 1955, -and -on which permits .have never been issued (Applica- tion Nos. -1342-, 1343 and 1344 -respectively), Thereupon C. Smith moved the request be granted. The motion was seconded by C. Pinkley and carried by the following-roll.cal-1 vote AYES: Councilmen Martin,-Pinkley, Smith, Nelson and Meyers NOES: Councilmen - None ABSENT: None ORDINANCE x#122 Ordinance No. 122, -"AN ORDINANCE OF THE CITY OF COSTA MESA ESTAB- Water Department LISHING A TATATER DEPARTMENT, AND PRESCRIBING THE'RULES AND REGULA- lst Reading TIONS FOR WATER SERVICES AND RATES, AND PRESCRIBING -THE PENALTIES FOR THE VIOLATION THEREOF," was introduced by C. Smith. Following the reading of the title only, C. Pinkley moved that this constitute the first reading of Ordinance x`122. The motion was seconded by C.. Smith and unanimously carried by the following Roll Call Vote: AYES: -Councilmen Martin,.Pinkley, Smith; Nelson and Meyers NOES: Councilmen - None ABSENT: None T^Tarrant Resolution Warrant. Resolution No; WR -73 was presented for approval, including T,FR ?3 Payroll No. 38.—On motion by C; Pinkley, seconded by -C. Meyers, Warrant Resolution No. QTR -73 was adopted by the 'following roll call vote: AYES:- Councilmen Martin, Pinkley, Smith, Nelson and Meyers NOES: Councilmen - None ABSENT: None On motion by C. Pinkley, seconded by C. Meyers and unanimously car- ried, the Fiscal Department's Report on Free Permits for the month of December, 1955, was accepted and ordered filed. Horst Contract The.City Manager read a communication from the Fiscal Officer, stating 18th & Tustin. - that the Department of Employment, State of -California, is mailing to .,the City a -notice to withhold money and/or other credits due and owing M. E. Horst Co. in the amount of $362.1[0 to cover contributions on wages. Upon motion by C. Smith, seconded by C. Pinkley and unanimously carried, the letter was ordered filed; Hamilton Street A question was raised by C. Pinkley as to the most -feasible way to expedite completion of work on the Hamilton St. project, whose bid .(Horst Co.) was accepted -on September. 6, 1955. Upon motion by C. Martin., seconded by C. Pinkley, and unanimously carried, the City Tanager was instructed to make a final appeal to the bonding company for completion of the project before advertising for bids for relet- ting the contract. 1 01 375, Van Diest Bros. A communication was read from the Street Foreman requesting refund of Refund permit -fees to Van Diest Bros., Sewer Contractors, in the amount of $52.00, less 10% for handling, -net refund to be x$46.80. Upon motion by C. Smith, seconded by C. Meyers, the refund .was granted by -the fol- lowing roll call vote: AYES: Councilmen Smith, -Nelson and Meyers A Report on Audit of Accounts of the City of Costa Mesa for the period July 1, 1955 through December 31, 1955, .was distributed to each member_ of the Council. Upon motion by C. Martin, seconded by C. Pinkley, and unanimously car- ried, approval was granted -to pave, from curb to existing pavement, 4,300 ft. of street as recommended by the City Engineer. Adjournment Upon motion by C. Pinkley, seconded by C-. Smith, and unanimously car- ried, the meeting was adjourned at 10:02 P.M. ayq - he 1 y o os a esa ATTEST:. r. NOES: Councilmen Rihkley and Martin. ABSENT: None Traffic Control The City Manager -reported that Dr. Garich, 1867 Newport Blvd., has re - Signals quested traffic control signals -on two intersections; -to wit, E. 18th St. & Newport Blvd., and Harbor & Newport Blvds., and recommended.'that the Council make such request to'the Division of Highways,'the City's share of expenditures to come from gas tax monies. Upon motion by C. Smith, seconded by C. Pinkley, and unanimously carried, the City Manager was authorized to contact Mr. Himmelhoch of the Division of Highways and. report to the Council at its next regular meeting. Upon motion by C. Pinkley, seconded by C. Martin, and unanimously car- ried, the follawin,g ,departmental reports `for the -month of January, 1956, were accepted and'ord6red filed: Building, Street, Planning, Police, Fire, Civil Defense and Pound. Signal Instal- Upon motion by C. Pinkley,-sec onded by C. Smith, the Council authorized lation adoption of Resolution No. 195 authorizing the City Clerk and Mayor to RESOLUTION execute an agreement for the expenditure of $4,700.00, the City's share` #195 in the proposed signal installation at the intersection of Newport Ave., State Route VII--Ora-43-CMsa, and Bristol Street -Palisades Road. Upon motion by C. Martin, seconded by C. Pinkley; and unanimously car -q, ried, permission was granted to -call for bids on a bookkeeping machine for the Fiscal Department in the amount of $6,-500.00-. RESOLUTION 196 C. Smith moved the adoption of Resolution #196,a Resolution establish - ing range 30 as the salary range for the Deputy - City Clerk. Seconded by Deputy City C. Martin and unanimously carried by -the following roll call vote: Clerk AYES:' Councilmen Martin, Pinkley, Smith, Nelson and Meyers NOES: Councilmen - None ABSENT: None The City Manager -announced completion of preliminary plans for the City Hall, and a color sketch of -the completed building as conceived by the. artist was presented to the Council. A special meeting was called for Monday, February 13th, 1956, at 7:30 P.M., City Clerk's office, for a discussion with the architects. A Report on Audit of Accounts of the City of Costa Mesa for the period July 1, 1955 through December 31, 1955, .was distributed to each member_ of the Council. Upon motion by C. Martin, seconded by C. Pinkley, and unanimously car- ried, approval was granted -to pave, from curb to existing pavement, 4,300 ft. of street as recommended by the City Engineer. Adjournment Upon motion by C. Pinkley, seconded by C-. Smith, and unanimously car- ried, the meeting was adjourned at 10:02 P.M. ayq - he 1 y o os a esa ATTEST:. r.