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HomeMy WebLinkAbout08/06/1956 - City Council1 "D L rr i 59 t' .yam �,ta 2.sa REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA August 6, 1956 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 p.m., August 6, 1956, at the Newport Justice Court, 567 West 18th Street, Costa Mesa. The meeting was called to order by Council- man Bruce Martin, presiding as mayor pro -tem in the absence of Mayor Claire Nelson, followed by the Pledge of Allegiance to the Flag and Invocation by C. Martin. ROLL CALL Councilmen Present: Martin, Pinkley, Smith; Meyers Councilmen Absent: Nelson Officials Present: City Clerk, City Attorney, City Manager, City Treasurer Minutes Upon motion by C. Pinkley, seconded by C. Smith, and unanimously carried, the reading of the minutes of July 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 July 23, 1956, was waived, and they were approved as written.- PUBLIC ritten.PUBLIC HEARING Mayor pro -tem Martin reported that this was the time and place fixed for MESA #2 the hearing of protests or objections against the calling of a special election on Mesa #2 Annexation, and declared the hearing open. Mayor pro -tem Martin requested all persons who wished to speak on the proposed special election to do so. No person desired to speak, where- upon the City Clerk reported the receipt of 20 written protests. There- upon Mayor pro -tem Martin advised all persons present that they might now file written protests if they have not previously done so. Mrs. Walter M. Talbert and H. J. Bryant submitted written protests which were received by the City Clerk. The mayor pro -tem thereupon requested the City Clerk to total the protests in order that the Council can make its determination as to whether the protests were sufficient to terminate the proceedings. The Mayor pro -tem and the City Attorney thereupon each advised all persons present that said hearing would be continued for ten days until August 17, 1956, at 7:30 p.m., and that supplemental protests might be filed at any time prior to that date. Thereupon, C. Smith moved that the City Clerk be appointed to with- draw for the purpose of totalling the protests to determine if they are sufficient to terminate proceedings. The motion was seconded by C. Pinkley, and unanimously carried. Written A communication was read from The Hale Company requesting authority to Communications erect a sign on the paved island on Watson Avenue turning north into Campus Estates from Baker Avenue, and an engineered drawing was submitted there- with. Upon motion by C. Smith, seconded by C. Meyers, and unanimously car- ried, approval was granted to erect the sign upon the approval of the City Engineer. A communication was read from the Costa Mesa Chamber of Commerce advising the City of a Resolution adopted by them commending the City Council for their forward and aggressive thinking in the hire of Welton Becket as con- sultants on the Master Plan and on the hire of Robert Unger as Industrial Liason Officer. Upon motion by C. Pinkley, seconded by C. Meyers, and unanimously carried, the letter-tras accepted and ordered filed, and the City Clerk directed to send a letter of appreciation to the Chamber of Commerce. A communication was read from Phillip D. Sullivan requesting a one-year time extension on Tentative Map -.of Tract #2788, which was delayed because of inadequate drainage on Wilson Street. Upon motion by C. Pinkley, second- ed by. Smith, and unanimously carried, the one-year extension was granted. Departmental Upon motion by C. Smith, seconded by C. Pinkley, and unanimously carried, Reports the following departmental reports for the month of July were accepted as submitted and ordered filed: Police; Building, Pound, Street, Civil De- fense,"planning and Fire. UtI U ORDINANCE #134 Ordinance No. 134, "AN ORDINANCE AMENDING SECTION 3.2 OF ARTICLE III OF Cemetery Zone ORDINANCE NO. 32 OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION (2nd Reading) 3.2 OF ARTICLE III OF ORDINANCE NO. 32 OF THE CITY OF COSTA MESA, CALI- FORNIA, ENTITLED 'AN ORDINANCE OF THE CITY OF COSTA MESA ESTABLISHING LAND CLASSIFICATIONS IN DISTRICTS WITHIN THE INCORPORATED TERRITORY OF THE CITY OF COSTA MESA AND REGULATING THE USES OF PROPERTY THEREIN, ADOPTING A•MAP OF SAID DISTRICTS, DEFINING THE TERMS USED IN THIS ORDI- NANCE, PROVIDING FOR THE ADJUSTMENT, ENFORCEMENT AND AMENDMENT HEREOF, PRESCRIBING PENALTIES FOR VIOLATION HEREOF, AND REPEALING ORDINANCES AND PARTS OF ORDINANCES INCONSISTENT AND IN CONFLICT HEREWITH?", was presented for second reading. Following full reading of the Ordinance, section by section, C. Smith moved that this constitute the second read- ing of Ordinance No. 134. The motion was seconded by C. Pinkley, and unanimously carried. Thereupon C. Smith moved the adoption of Ordinance No. 134. The motion was seconded by C. Pinkley, and carried by the fol- lowing roll call vote: AYES: Councilmen Martin, Pinkley, Smith, Meyers NOES: Councilmen - None ABSENT: Councilmen - Nelson ORDINANCE #136 Ordinance No. 136, "AN ORDINANCE OF THE CITY OF COSTA MESA REGULATING Picketing PICKETING AND THE OBSTRUCTION OF PUBLIC PLACES," was presented for (Urgency) second reading. The City Clerk read a communication from John A. Des- pol, Secretary -Treasurer of the C.I.O., contesting the constitutionality of the ordinance. Being a controversial issue, Mayor pro -tem Martin asked if there were any in the audience wishing to be heard on this matter. Thomas L. Pitts, 530 west 6th Street, Los Angeles, speaking for the State Federation of Labor, protested the adoption of said Ordi- nance, and cited court decisions which he felt upheld his stand. Swen A. Brockman, 453 Broadway, Costa Mesa, protested the urgency of the measure, and read a communication from Win. McNulty, Democratic Chairman, in protest. After discussion, C. Smith moved that Mayor pro -tem Martin appoint a committee to meet with the opposition in an attempt to come to an amicable solution, that action be deferred until a future, un- specified date, and that Mr. Pitts be notified if and when the matter is lifted from the table. The motion was seconded by C. Smith, and unani- mously carried. Committee Mayor pro -tem Martin appointed Mayor Nelson, the City Attorney, the Appointed Chief of Police and the Councilmen to serve on the Committee, Mayor Nel- son to serve as Chairman. MESA #2 At this point the City Clerk returned to the Chambers and reported that Tabulation of the protests to the holding of a special election on Mesa #2 Annexation Protests were insufficient to terminate proceedings, and that the total protests received represented 17.4% of the total land value as shown by the last equalized assessment roll. Thereupon C. Pinkley moved that the Council find that the protests received and filed were insufficient to terminate the proceedings and that the hearing be continued to August 17, 1956, at 7:30 p.m., in order that supplemental protests might be filed. The motion was seconded by C. Smith, and unanimously carried. ORDINANCE #138 Ordinance No. 138, "AN ORDINANCE OF THE CITY OF COSTA MESA DECLARING Abandonment ITS INTENTION TO ORDER THE VACATION OF CERTAIN ALLEYS LOCATED TRITHIN (2nd -Reading) THE CITY OF COSTA MESA," was presented for second reading. Following full reading of the Ordinance, section by section, C. Pinkley moved that this constitute the second reading of Ordinance No. 138. The motion was seconded by C. Meyers, and unanimously carried. Thereupon C. Pinkley moved the adoption:of Ordinance No. 138. The motion was seconded by C. Meyers, and carried by the following roll call vote: AYES: Councilmen Martin, Pinkley, Smith., Meyers NOES: Councilmen - None ABSENT: Councilmen - Nelson Decision on The next order of business was consideration of the petition protest - Micro -Midget ing the micro -midget auto races at the Fairground, and request for Racing discontinuance of the operation, action having been deferred from the meeting of July 16, 1956. There was no one in the audience wishing to be heard further on the matter, and it was the concensus of the Coun- 1 1 1 Variance #241 (Groover/Davis) 1 . Rezoning of ZI MESA #1 from R4 to Ml cit, following a.thorough investigation,. that at present the races in no way constitute a public nuisance. Thereupon, it was moved by C. Pinkley, seconded by C. Meyers, and unanimously carried, that the permit issued to Mr. Martin, the promotor, to conduct the micro -midget races at the Fair- grounds, be continued. At the request of the applicants, Variance Application 7#241, submitted in the names of Lloyd F. Groover and Donald K. Davis, requesting permission to use land in.an R4 zone on Wilson Street for a trailer p ark, action having been tabled at the meeting of July 2nd, until such time as adequate drainage was provided, was reconsidered. The applicants asked for approval of the Variance subject to satisfactory drainage facilities. C. Pinkley moved that Variance Application #241 be approved subject to report of the City Engineer and upon recommendation of the Planning Commission. Upon the suggestion of C. Martin.that the matter be referred to Welton Becket & Associates, consul- tants, before action is taken, C. Pinkley withdrew his motion. Thereupon C. Martin moved that Variance Application #241 be refer- red to Welton Becket for recommendation, requesting a report before the regular adjourned meeting of August 17, 1956, at which time a final decision will be rendered. The motion was seconded by C. Smith, and unanimously car- ried. A communication was read from the Planning Technician regarding the rezoning of Mesa #1 Annexation from R4 to Ml, with recommendation for approval from the Planning Commission. Upon motion by C. Pinkley, seconded by C. Smith, - and unanimously carried, the public hearing on the rezoning of this area was set for August 20, 1956, at 7:30 p.m. Hale Co. Drain- A communication was read from the Pacific Electric Railway Company setting age Project forth the conditions upon which they will approve installation of a storm sewer pipeline by The Hale Company under the spur track of Segerstrom and Sons in the vicinity of Gisler Street and Harbor Boulevard. After considera- tion, C. Smith moved that The Hale Company be authorized to proceed with the drainage project in accordance with the conditions of the Pacific Electric Railway Company as approved by -the City 8ngineer, and providing that suffi- cient bond is posted idth the City to hold the City harmless of any liability which may arise from such an installation. The motion was seconded by C. Meyers, and unanimously carried. WEED ABATK4ENT The City Clerk announced that this was the time and place set for the protest PROGRAM hearing on the weed abatement program, and declared the hearing open. There RESOLUTION #247 being no oral or written protests, it was moved by C. Smith, seconded by C. Pinkley, and unanimously carried, that the protest hearing on the weed abate- ment program be closed. Thereupon, C. Pinkley moved the adoption of Resolu- tion No. 247, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA .APPROVING.AND CONFIRMING THE REPORT OF THE STREET SUPERINTENDENT SHOWING THE COST OF REMOVING THE WEEDS, RUBBISH, REFUSE OR DIRT ON OR IN FRONT OF EACH SEPARATE, PARCEL OF LAND.11 The motion was seconded by C. Meyers, and carried by the following roll call vote: Petition to Rezone Tracts 2341, 2432 and 26713 R4 - Rl Petition to Rezone Lot 704, Tract.#2924 R4 to R2 AYES: Councilmen Martin, Pinkley, Smith, Meyers NOES: Councilmen - None ABSENT: Councilmen - Nelson The City Clerk presented a petition submitted by The Hale Company, 1777 West Lincoln Avenue, Anaheim, requesting the rezoning of Tract Nos. 2341, 2432 and 2671 north of Baker Street and west of Fairview Road, from R4 to R1, said request made upon the recommendation of the Veterans Administration. Upon motion by C. Pinkley, seconded by C. Meyers, and unanimously carried, the petition was referred to the Planning Commission. The City Clerk presented a petition submitted by Newport Balboa Savings and Loan Association, 3366.Via Lido, Newport Beach, requesting the rezoning of 3 Lot 704, Tract #2924, Newport Mesa Tract, from R4 to R2. Upon.motion by C. Pinkley, seconded by C. Meyers, and unanimously carried, the peitition was referred to the Planning Commission. Request to Re- .Upon motion by C. Meyers, seconded by C. Pinkley, and unanimously carried, zone former the City Council made a request for the rezoning of the former Santa Ana S.A.Airbase Airbase site from R4, and the request -was referred to the Planning Commission for study and recommendation. Variance #244 Variance Application #244 was submitted in the name of Zara Edris (Dyer) Dyer, 145 Mesa Drive, requesting permission to do dressmaking and alterations at the above address, an R4 zone. Upon motion by C. Pink - ley, seconded by C. Smith, and unanimously carried, the application was approved subject to the recommendation of the Planning Commission on file in the office of the City Clerk. Variance #245 Variance Application #245 was submitted in the name of Charles W. Groff, (Groff) 1989 Continental Avenue, requesting rear yard encroachment to within 179 on land located on Charle Street north of Bernard, a C2 zone. After discussion with the applicant, and upon motion by C. Smith, seconded by C. Pinkley, and unanimously carried, Variance Application #245.was ap- proved subject to the recommendation of the Planning Commission on file in the office of the City Clerk, and providing that a 109 easement be granted the City across the rear side of the property in question for alley purposes. Variance #246 Variance Application #246 was submitted in the name of Frank S. Tahara, (Tah ara) 1929 Santa Ana Avenue, requesting permission to construct three dwell- _ ing units on a sub -standard lot in an R4 zone with reduction of rear yard requirement from 251 to rear property line to 51 from rear of one unit, with two attached garages to rear property line. Upon motion by C. Smith, seconded by C. Pinkley, and unanimously carried, Variance Ap- plication #246 was approved upon recommendation of the Planning Commis- sion. Variance #247 Variance Application #247 was submitted in the names of Phyllis Rose (Yarwood) Yarwood and Dr. L. Yarwood, 1910 Newport Boulevard, requesting rear yard setback of 199 from rear property line at the above address, a 02 zone. Upon recommendation of the Planning Commission, and upon` motion by C. Pinkley, seconded by C. Meyers, and unanimously carried, Variance Application #247 was approved. Variance x#248 Variance Application #248 was submitted in the names of Harold T. Od- (Odmark/Bazil) mark and Robert D. Bazil, 482 Jasmine, Laguna Beach, requesting rear yard encroachment to 09 and to allow in excess of 5 horsepower on Terminal Way, an Ml and C2 zone. Upon recommendation of the Planning Commission, and upon motion by C. Meyers, seconded.by C. Smith, and unanimously car- ried, Variance Application #248 was approved. It was thereupon moved by C. Meyers that Variance Application No. 248 be referred to the Planning Commission for study and recomm?nda- tion as to the advisability of rezoning the C2 portion of the area in question to M1. The motion was seconded by C. Smith, and unanimously carried. Subdivision Ap- Subdivision Application #99 was submitted in the name of Hurley A. plication #99 Holley, 388 East 19th Street, requesting permission to divide property at the above address into two sub -standard parcels. Upon recommendation of the Planning Commission, and upon motion by C. Pinkley, seconded by C. Meyers, and unanimously curried, Subdivision Application #99 was approved. PERMITS The City Clerk read the report of the Fiscal Officer stating that no free permits had been issued during the month of July, 1956. Upon motion by C. Smith, seconded by C. Meyers, and unanimously car- ried, permission was granted the Orange County Fair, 32nd District Agricultural Association, 20391 Newport Boulevard, to hang overhead street banners across various streets or intersections advertising the Orange County Fair, said banners to be displayed from August 1 through August 20, 1956. Upon motion by C. Pinkley, seconded by C. Meyers, and unanimously car- ried, a permit was granted to Hallet Elmer Hughes, 435 West Hamilton. Street, to haul trash and to do yard cleaning and gardening within the City. A communication from C. Thatcher Warren, 3023 Warren Lane, was read, requesting refund of a $12.00 license fee'on Building Permit #5753, Certificate of Occupancy having been denied by the Building Official. Upon motion by C. Smith, seconded by C. Meyers, and unanimously car- ried, the request was referred to the Building Department and the Fiscal Department.f:or recommendation before action is taken by the Council. The City Attorney advised the Council of a situation wherein Mr. W. L. Shepherd made application to move a house from 14425 Flower Street, Santa Ana, to 2167 Minor 'Street, Costa Mesa, on a September lst deadline, which cannot be met if the usual procedure is followed, and asked the Council to empower the Planning Commission to take final action in this particular case. Upon_ motion by C. Pinkley, seconded by C. Smith, and unanimously car- ried, the Planning Commission was authorized to take final action on the - Building Moving Application in question, the Council to concur, and said decision to be made at the regular Planning Commission meeting to be held ` August 27, 1956. MR -89 Warrant Resolution No. WR -89, including Payroll #50, was presented for ap- proval. On motion by C. Smith, seconded by C. Pinkley, Warrant Resolution No. WR -90 was adopted by the following roll call vote: AYES. Councilmen Martin, Pinkley, Smith, Meyers NOES: Councilmen - None ABSENT: Councilmen - None CITY MANAGER'S The City Manager submitted a recommendation which had been worked out by REPORT Al Ogden and himself relative to pay rates for personnel of the Volunteer Fire Department. Upon motion by C. Pinkley, seconded by C. Smith, and unanimously carried, the City Attorney was instructed to draft a Resolution establishing the pay rate and assignments of duties for employees of the Volunteer Fire Department. Street Lighting Upon motion by C. Pinkley, seconded by C. Meyers, and unanimously carried, Fund Created azthority was granted to transfer $5,000 from the General Fund to the Street Lighting Fund to cover expenses incurred relative to the formation of a Street Lighting District and to expedite the operation thereof. 2% Interest on The City Manager advised the Council that various banks throughout the Inactive Fund country have raised the interest rate on inactive accounts from 12% to 2%. Upon motion by C. Meyers, .seconded by C. Pinkley, and unanimously carried, a request to the United States National Bank to increase the interest rate on the Inactive Fund from 12% to 2% was approved. Variance Fees The City Manager recommended that action be taken to change the fee charged Reduced for certain variances.. Upon motion by C. Smith, seconded by C. Pinkley, and unanimously carried, the City Attorney was instructed to amend Ordinance No. 32, reducing the fee for rear yard variances and home occupation var- iances to $10.00. At this point in the meeting, Chief of Police McKenzie administered the Oath of Office to Councilman Meyers,.who will serve as a Reserve Police Officer. Upon motion by C. Smith, seconded by C. Meyers, and unanimously carried, the meeting was adjourned at 9:25 p.m. to August 17, 1956, at 7:30 p.m. /Mayor o the City Costa Mesa ATTEST: City Clerk of the City 9f Costa Mesa