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HomeMy WebLinkAbout08/20/1956 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA August 20, 1956 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 p.m., August 20, 1956, at the Newport Justice Court, 567 West 18th Street, Costa Mesa. The meeting was called to order by Mayor Nelson, follotred by the Pledge of Allegiance to the Flag and In- vocation by Reverend A. A. Kaders. ROLL CALL Councilmen Present: Martin, Smith, Nelson, Meyers Councilmen Absent: Pinkley Officials Present: City Clerk, City Mdnager, City Treasurer Minutes Upon motion by C. Smith, seconded by C. Meyers, and unanimously carried, the reading of the minutes of August 6, 1956, was waived, and they were approved as written. At this point, C. Pinkley entered the chamber and seated himself at the Council table. PUBLIC HEARING Mayor Nelson reported that this was the time and place fixed for the "Gisler #2 hearing of protests or objections against the proposed "Gisler Street Annexation" #2 Annexation." The Clerk reported that the affidavits and proof of the publication of the Resolution of Intention, the mailing of notices of adoption of the Resolution of Intention, as required by law, had been made 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 ORDINANCE ,141 proposed annexation to do so. No person desired to speak, and there Mesa ;,1 Rezoning being no oral or written -protests, C. Martin moved that the hearing be (lst Reading) closed. The motion was seconded by C. Meyers, and unanimously carried. ORDINANCE x#140 Thereupon Ordinance No. 140, "AN ORDINANCE OF THE CITY OF "Gisler 'Street COSTA MESA APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY #2 Annexation" CONTIGUOUS TO THE CITY OF -COSTA MESA,. IN THE COUNTY OF ORANGE, KNOWIT AS (1st Reading) "GIS LER STREET #2 ANNEXATION,"'was introduced by C. Meyers. Following full reading of the Ordinance, section by section, C. Martin moved that this constitute the first reading of Ordinance No. 140. The motion was seconded by C. Smith, and carried by the following roll call vote: AYES: Councilmen Hartin, Smith, Nelson, Meyers, Pinkley NOES: Councilmen - None' ABSENT: Councilmen - None PUBLIC HEARING Mayor Nelson announced that the public hearing which has been duly pub - Rezoning Mesa Irl lished and set for this time and date for an amendment to the Zoning Annexation - Ml Ordinance, was now open for the hearing of protests or objections against the proposed rezoning of Lots 1002 and 1102, Newport Mesa Tract, from R4 to Ml. The Mayor requested all persons who wished to speak on the proposed rezoning to do so. There being no oral or written pro- tests, C. Martin moved that the hearing be closed. The motion was sec- onded by C. Pinkley, and unanimously carried. ORDINANCE ,141 Thereupon Ordinance No. 141, "AN ORDINANCE AMENDING SECTION Mesa ;,1 Rezoning 3.2 OF ARTICLE III OF ORDINANCE NO. 32 OF THE CITY OF COSTA MESA, CALI- (lst Reading) 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 ADJUSTRE , ENFORCTXENT AND AMENDMENT HEREOF, PRESCEIBING PENALTIES'FOR VIOLATION HEREOF, AND REPEALING ORDINANCES AND PARTS OF ORDINANCES INCONSISTENT AND IN CONFLICT IMMWITH, f" was intro- duced by C. Martin. Following full reading of the Ordinance, section by section, C. Smith moved that this constitute the first reading of Ordin- ance No. 141. The motion was seconded by C. Pinkley, and carried by the following roll call vote: AYES: Councilmen Martin, Smith, Nelson, Meyers Pinkley NOES: Councilmen - None ABSENT: Councilmen - None City Hall At this point in the meeting Mayor Nelson asked if there were any in the 1 1 audience wishing to speak on a matter not on the agenda. Mr. Matthew Luth, 385 Walnut Place, and Mr. S. D. Caplan, 9950 Belfast Avenue, Garden Grove, brokers, addressed the Council to announce their intention to submit a pro- posal for building the new City Hall, whereupon Mayor Nelson agreed to have the Council meet with the brokers to hear their proposition. Written A petition, signed by 44 property owners on Wallace Avenue and the vicinity Communications thereof, was presented to the Council, requesting that required ordinances and regulations be enacted to prohibit multiple family occupancy of single family dwellings, and other conditions which make an area unsightly, un - Petition healthful, and unlivable. The City Manager advised that although many of these areas have been cleaned up in the past three years, and that the City is aware of similar prevailing conditions, enforcement of the procedure is difficult, and suggested that legal counsel be sought in this regard. Thereupon C. Smith moved that the petition be received and filed, and that the Council meet with the City Attorney to determine what steps can be taken to enforce the rehabilitation of these areas, a report to be made at the next meeting on September 4, 1956. The motion was seconded by C. Pink -ley, and unanimously carried. P,. Treasurer's Upon motion by C. Pinkley, seconded by C. Smith, and unanimously carried, CIO Report the Treasurer's Report for the month of July, 1956, was accepted as.read and �- ordered filed. .z:� Fiscal Officer Upon motion by C. Pinkley, seconded by C. Meyers, and unanimously carried, Report the Fiscal Officer's Report for the month of July, 1956, was accepted and ordered filed. Tentative Map Tentative Map of Tract No. 3106 was submitted in the name of G. D. Buccola, TRACT #3106 1212 Lincoln Avenue, Anaheim, for the subdivision of 5 acres on Orange Ave- (Buccola) nue between 20th and 21st Streets into 24 lots, an R4 zone. Mr. A. R. Mc- Daniel and Mr. Cal Ouerial of McDaniel Engineering Company were present and reported that the subdivider is willing to meet the requirements of the City Engineer, but felt that the drainage requirement wasunreasonable, stating reasons for the opinion. After discussion as to the drainage facilities for this tract, C. Martin moved that Tentative Map of Tract #3106 be approved subject to the conditions set forth by the City Engineer and the Planning Commission. Further discussion indicated that drainage easements would be difficult to obtain in this tract, and upon the suggestion of the City Mana- ger that the drainage plans of the adjacent property whereon a church is to be built be first considered, C. Martin withdrew his motion. C. Martin then moved that action on this map be deferred until the meeting of September 4, 1956, to ascertain what owners of surrounding property propose to do with regard to drainage. The motion was secDnded by C. Pinkley, and unanimously carried. Final Map Mr. John Siegel, acting for the City Engineer, presented the final map of TRACT #2966 Tract No. 2966, submitted in the name of Sullivan and Everson, 1865 Newport (Sullivan & Boulevard, for the subdivision of the west one-half of Lot 32 and the East Everson) 198' of Lot 37, Fairview Farms (Maple between 6dilson and Victoria), a total of 4.34 acres, into 19 lots, together with a bond in the amount of $153800.003 a check in the amount of $638.25, and signed agreement. Thereupon C. Smith moved the adoption of Resolution No. 250, "A RESOLUTION RESOLUTION APPROVING THE FINAL MAP OF TRACT NO. 2966 AND ACCEPTING THE #250 STREE'T'S AND ALLEYS SH9WN THEREON FOR PUBLIC USE FOR HIGIrWAY PURPOSES AND AUTHORIZING THE CITY CLERK TO SIGN THE MAP AND AUTHORIZING THE CITY CLERK AND THE MAYOR TO SIGN THE AGR� +NT.'1 The motion was seconded by C. Martin and carried by the following roll call vote: AYES. Councilmen Martin, Smith, Nelson, Meyers, Pinkley NOES: Councilmen - None ABSENT: Councilmen - None Final Map Mr. Siegel presented the final map of Tract No. 3075, submitted in the name TRACT #3075 of K. W. Koll, 2826 Newport Boulevard, Newport Beach, for the subdivision (Koll) of 7.3 acres on Anaheim Avenue south of Wilson Street into 20 lots, together with a bond in the amount of $16,400.00, a check in the amount of $678.393 and signed agreement. Thereupon C. Smith moved the adoption of Resolution No. 251, "A RESOLUTION APPROVING THE FINAL MAP OF TRACT NO. 3075 AND ACCEPTING THE STREETS AND ALLEYS SHOD THEREON FOR PUBLIC USE FOR HIGHWAY PURPOSES AND AUTHORIZING THE CITY CLERK TO SIGN THE MAP AND AUTHORIZING THE CITY CLERK AND T E, MAYOR TO SIGN THE AGRETTVIENT." The motion was seconded by C. Meyers, and carried by the following roll call vote: AYES: Councilmen Martin, Smith, Nelson, Meyers, Pinkley NOES: Councilmen - None ABSENT: Councilmen - None Record of Survey Mr. Siegel presented a Record of Survey submitted in the name of K. W. TRACT #2251 Koll, which Record of Survey was requested by the Council on -June 18, (Koll) 1956, in connection with.Variance Application No. 233 (amended) requ' st- ing a rear yard encroachment to within 101 for triplexes at 18th and Westminster, Tract #2251.. Upon motion by C. Pinkley, seconded by C. Meyers, and unanimously carried, Record of Survey on Tract #2251 was approved and ordered filed. Request for Pursuant to Council directive, the City Clerk read the recommendation Refund ('rTarren) of the Fiscal Department and the Building Department concerning a re- quest by C. Thatcher Warren, 3023 Warren Lane, for refund of a $12.00 license fee paid for a retail license not used because an occupancy per- mit was denied. Upon motion by C. Pinkley, seconded by C. Smith, a re- fund in the amount of $10.201 representing 85% of the license fee, was granted, as recommended by the above two departments. The motion was carried by the following roll call voter AYES: Councilmen Martin, Smith, Nelson, Meyers, Pinkley NOES: Councilmen - None ABSENT: Councilmen - None Variance #241 Variance Application #241, submitted in the name of Lloyd F. Groover (Groover/Davis) and Donald K. Davis, to permit land use for a trailer park on Wilson Street west of Harbor Boulevard, was again presented to the Council for action, having been deferred from the meeting of August 6, 1956. Pur- suant to Council directive, Welton Becket and Associates made a study of this situation and submitted a recommendation for denial because of the residential zoning of this area. Mr. Groover and Mr. Davis were present and consented to another deferrment of two weeks, as requested by Don Butts and Eddie Koll. Upon motion by C. Martin, seconded by C. Pinkley, and unanimously carried, Variance Application #241 was continued to the meeting of September 4, 1956. Project Statement The Clerk read a communication from the Division of Highways, together Hiway Maintenance with a prepared project statement budgeting 40% of the Cityis estimated gas tax revenue for the fiscal year 1956-1957, and requesting execution of the statement for the maintenance of major streets and highways. Thereupon C. Smith moved the adoption of Resolution No. 252, RESOLUTION ;252 11A RESOLUTION OF THE CITY COUNCIL, CITY OF COSTA MESA, ADOPTING PROJECT STATI-ENT OF THE DIVISION OF HIGHWAYS TO BUDGET 40% OF THE CITYtS ESTI- MATED GAS TAX REVENUE FOR THE FISCAL YEAR 1956-1957 FOR MAINTENANCE OF CITY STREETS AND HIGIToTAYS, AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN THE STATEVMT.11 The motion was seconded by C. Pinkley, and car- ried by the following roll call vote: AYES- Councilmen Martin, Smith, Nelson, Meyers, Pinkley NOES: Councilmen - None ABSENT: Councilmen - None Traffic Change The Clerk read a communication from E. F. Green, President of the Down - Newport Ave. town Businessmen's .Association of Costa Mesa, declaring their reluctance to making Newport Avenue a one -tray street, as they believe it would interfere with the conduct of business, and suggesting instead a traffic signal at Harbor and Newport Avenues. Upon the recommendation of the Chief of Police, C. Smith moved that the Council arrange to meet -with the Chamber of Commerce and various merchants, those along Newport Avenue especially, for the purpose of discussing this situation further. The motion was seconded by C. Meyers, and unanimously carried. Report on Audit The Clerk distributed a Report on Audit of Accounts of the City of Costa of Accounts Mesa for the period ended June 30, 1956, to each member of the Council, as submitted by the auditors, Pyle, Lance & Schlinger. Upon motion by C. Pinkley, seconded by C. Martin, and unanimously carried, action was deferred to allow the Councilmen time to study the report. y Transfer of The Clerk read a communication from the City Treasurer, advising that the Warrants auditors advocate the cancellation of certain outstanding warrants and transfer of the funds from the account in Santa Ana to the United States National Bank, Costa Mesa. Upon motion by C. Martin, seconded by C. Pink - ley, the Fiscal Officer was authorized to cancel warrants in the amount of $30.36 and to transfer the funds to the General Account, United States National Bank of Costa Mesa, and the proper officials authorized to sign the draft. The motion carried unanimously. Variance #249 Variance Application #249 was submitted in the name of D. Carroll, 472 Fast (Carroll) 16th Street, to permit the building of a 41 x 101 wardrobe room to be added to the rear of the house 4t from the garage and 22t from the rear property line at the above address, an R4 zone. Upon motion by C. Pinkley, seconded by C. Meyers, and unanimously carried, Variance Application #219 was approved upon recommendation of the Planning Commission. Variance #250 Variance Application #250 was submitted in the name of George M. Holstein (Holstein) and Sons, 166 East 17th --Street, requesting front yard setback to be 10t from building or 21 from masonry wall on property located on the northwest corner of Fullerton and East 17th Street, a Cl zone. After discussion as to front ' yard setback, C. Smith moved that Variance Application X250 be granted with `ID the stipulation that the property owner remove the masonry wall when the street is to be widened to 801 at his own expense. The motion was seconded by C. Martin, and carried by the following 4/5 vote: bv.eJ AYES: Councilmen Martin, Smith, Nelson, Meyers NOES: Councilmen - Pinkley ABSENT: Councilmen - None Variance ;251 Variance Application #251 was submitted in the name of Charles Prather, (Prather) 26462 Elden Street, to permit construction of 8 units on a lot 104, x 2281 and containing 23,712 sq. ft., which is 288 sq. ft. short of the required 2.,000 sq. ft., on property at 577-579 Hamilton Street, an R4 zone. Upon Motion by C. Pinkley, seconded by C. Meyers, and unanimously carried, Vari- ance Application ##251 was approved, since the shortage amounts to less than 10%. Variance x#252 Variance.Application #252 was submitted in the name of Walter L. Shepherd, (Shepherd) 2167 Minor `Street, requesting a rear yard setback to 7161, from rear property line to house on property located at 2167 Minor Street, an R4 zone. The Planning Commission recommended approval providing the applicant grant the City a right of way of 101 along the easterly frontage for street purposes, and Mr. Shepherd was present to voice his consent. Upon motion by C. Pink - ley, seconded by C. Martin, and unanimously carried, Variance Application r�r'252 was approved upon and subject to the recommendation of the Planning Commission. Variance.1253 Variance Application ##253 was submitted in the name of Oliver 0. Odette, (Odette) 699 Hamilton Street, to build an attached garage within 10t of the rear property line at the southwest corner of 18th and Crestmount Place, an R4 zone. Upon recommendation of the Planning Commission, and upon motion by C. Pinkley, seconded by C. Meyers, and unanimously carried, Variance Appli- cation #253 was approved. PERMITS Upon motion by C. Smith, seconded by C. Pinkley, and unanimously carried, a permit was granted to Herman S. Pettigrew to hold a closeout sale at The Lighthouse Trading Post, 1985 Newport Avenue, and fee waived because this represented the applicant's second consecutive license. Upon motion by.C, Pinkley, seconded by C. Smith, and unanimously carried, a permit was issued to the Newport Balboa Music Company to:i.nstall one juke box at Nada's Cafe, 2668 Newport Boulevard. Upon motion by C. Pinkley, seconded by C. Smith, and unanimously carried, a communication from the Department of Alcoholic Beverage Control issued in the name of Earl G. Ellis and Evelyn M. Ellis for an on -sale beer license at 2125 Harbor Boulevard, was ordered filed. GISL'ER STREET The City Manager submitted a sketch of an 116 acre area on Gisler Street, AIZTEXATION 713 and advised that it would be to the best interest of the City of Costa Mesa to initiate proceedings to annex to the City of Costa Mesa the area shown on the sketch., labeled "GISLER STREET ,`#3 ANNEXATION." Thereupon C. Martin moved that the City 'Engineer be instructed to prepare maps and a legal WR -90 description and file same with the Orange County Boundary Commission for its approval frith respect to definiteness and certainty of the proposed boundaries, and that upon receipt of such approval from said Boundary Commission, that the City initiate on its own motion the pro- ceedings for such annexation. The motion was seconded by C. Pinkley, and unanimously carried. Warrant Resolution No. WR -90, including Payroll ,d51, was presented for approval. On motion by C. Pinkley, seconded by C. Meyers, Warrant Reso- lution No. 74R-90 was adopted by the following roll call voter AYES: Councilmen Martin, Smith, Nelson, Meyers, Pinkley NOES: Councilmen - None ABSENT: Councilmen - None CITY MANAGER'S The City Manager advised that several informal bids had been received for REPORT material and lumber to be used in the construction of the second -floor room of the Fire Station, as follows Lumber Bids A.B.C. Lumber Company - net - $683.45 Fire Station College Lumber Company - net_- 6P710.21 Costa Mesa Lumber Company - net - $716.76 Upon motion by C. Martin, seconded by C. Meyers, and unanimously carried, the bid of the A.B.C. Lumber Company @ $683.45 was accepted, berg the lowest and best bid received. Fire Station The City Manager -read a communication from Fire Chief Lee stating that Site at College he had discussed trlth Mr. Rimes of Orange Coast College the possibility of securing a site on the College grounds for a second Fire Station. The approximate contemplated location is Adams Street, extended, and Fairview Drive. Upon motion by C. Smith, seconded by C. Meyers, and unanimously car- ried, the City Manager was authorized to further negotiate with the college and attempt to secure a concrete lease for a Fire Station site. Portable Traf- The City Manager advised that the portable traffic signal borrowed from . fic Signal Harbor Boulevard for the intersection at 17th and Orange Avenue has proven an expedient measure in alleviating the traffic congestion at that point, and recommended that another signal be purchased at an estimated cost of $885.00. Upon motion by C. Pinkley, seconded by C. Martin, and unani- mously carried, the City Manager was authorized to purchase a portable traffic signal to replace the one borrowed from Harbor Boulevard. Upon Payment for motion by C. Pinkley, seconded by C. Martin, and unanimously carried, the Maintenance City shall reimburse the service stations who charge the batteries for the portable traffic signals, retroactive to the time these services were first rendered. Adjournment Upon motion by C. Smith, seconded by C. Meyers, and unanimously carried, the meeting was adjourned at 9:00 p.m. May�o-f the CJ cLo osta Mesa ATd City Clerk of t e City of Costa Mes's 1 1 1