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HomeMy WebLinkAbout10/01/1956 - City Council1474 REGULAR MEETING OF THE.. CITY. COUNCIL CITY ;;OF_COSTA MESA October 1, 1956 The City Council of the City of Costa Mesa,California, met in -regu- lar session at 700 p.m., October 1, 1956, 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 Councilman Brace Martin. ROLL CALL Councilmen Present.- Martin, Pinkley, Smith, Nelson Councilmen Absent: Meyers Officials Present.- City Clerk, City Attorney, City Manager, City Treasurer Minutes Upon motion by C. Pinkley, seconded by C. Martin, and unanimously car- ried, the reading of the minutes of September 17, 1956, was waived, and they were approved as written. ORAL Mayor Nelson asked if there were any in the audience wishing to speak COMMUNICATIONS on a matter not on the agenda, whereupon Mr. David L. Spickelmire, 3061 Royce Lane, in the Halecrest Campus Estates, submitted a petition bearing 173 signatures in protest of the proposed dump site west of Harbor Boulevard and south of Gisler Avenue, as detrimental to the community. Alfred*Wasser also made oral protest. No one else wish- ing to speak on the petition, C. Smith moved.that the petition be filed until such time as a proposal can be submitted to the Orange County Planning Commission, together with all -pertinent data. The motion was seconded by C. Pinkley, and unanimously carried. Frank J. Hruza, 226 Rochester Street, advised the Council of a situa- tion on 18th Street and Rogers Place, wherein surrounding property owners have put in an 18" - 24" fill"which is blocking the drainage of his lot to 18th Street,, and asked for correction of this situatL on on behalf of himself and the adjacent property owners. Upon motion by C. Martin, seconded by C. Smith, and unanimously carried, the matter was referred to the City Engineer for possible -correction and for recommendation at the next regular meeting on October 15. Joe Trau, 3056 Royce Lane, asked to be heard regarding the area east of Harbor Boulevard and south of Baker, the former dairy site east of the railroad, requesting that a residential zoning be retained in that area to protect property owners from industrial and manufactur- ing neighbors, and asking that the area be brought into the City as a residential area. Mayor Nelson advised that present property own- ers would be protected in any action taken by the City, either by a buffer strip or by selected industry, so that no objectionable situa- tion would arise. C. Smith also advised that at present no zoning change has been requested, but when and'if it is, the property owners will be given full consideration and notified of the two public hear- ings which must be held concerning the rezoning. WRITTEN The Clerk read a communication from Basil H. Peterson, President and COMMUNICATIONS District. Superintendent of,Orange Coast College, advising the City that Mr. John Gifford of the Federal Government reports that the Government has refused to permit the City to construct a fire depart - Fire Station ment building on school property for the reason that the primary pur- at O.C.C. pose of the fire department is fire protection, and not education. Upon motion by C. Martin, seconded by C. Pinkley, and unanimously car- ried, the communication was ordered filed. Film on Sanitary Upon motion by C. Smith, seconded by C. Martin, and unanimously car - Fill Scheduled Tied, a communication from the City Manager advising that the moving picture showing methods and procedures employed by the City of -Bar - bank on the operation of their sanitary fill is scheduled for presen- tation on Tuesday evening, October 16, 1956, at 8r00 p.m. at the City Hail, and requesting members of the Council and Planning Commission to attend, was ordered filed. Free Permits Upon motion by C. Pinkley, seconded by C. Smith, and unanimously car- ried, the report of the Fiscal Officer regarding free permits issued 1 1 1 475 during the month of September, 1956, was ordered filed. Departmental Upon motion by C. Pinkley, seconded by C. Smith, and unanimously carried, Reports the following departmental reports for the month of September, 1956, were accepted and ordered filed: Fire, Police, Civil.Defense, Planning, Street, ' Indus trial Relations, Pound and Building. Knotty Keg Pursuant to Council -Directive., the Chief of Police reported his findings Permit as to the advisability of granting a permit for the installation of a juke box and.an amusement machine at the Knotty Keg., 2125 Harbor'Boulevard. Upon motion by C. Pinkley, seconded by C. Smith, and unanimously carried, the permit was approved upon the recommendation of the Chief of Police. O.P.D. #1 The City Clerk read the recommendations of the Chief of Police and the:.. City Engineer, which were requested at the la& regular meeting, regarding the suggestions submitted by Evelyn F..Green, Chairman of Vehicle Parking .District #1,' in a letter dated 8 September 1956, which letter is on file in the office of the City Clerk. -Thereupon C. Smith moved that the re -com- mendations of the Chief of Police and the City Engineer be carried out, maintaining the alley between Broadway and Magnolia running north and south at the rear .of..the business district on N6wport Boulevard, as a 2 -way street, parking stripes to be left to the discretion of the Street Superin- tendent. -The motion was seconded by C.. Pinkley, and unanimously carried. The* recommendation for the acquisition of additional rights of way for the i� widening of this alley was excluded from the motion: ..Acquisition The City Manager.advised that a 2 -way alley was recommended by the City of R/Ws on Engineer and Chief of Police at the time Vehicle Parking District #1 was V.P.D. #1 formed, but was held in abeyance because of high acquisition costs. There- upon, C. .'Smith moved that the City Engineer be instructed to obtain an estimate of cost for rights of -way acquisition in two separate parcels,, both at the Broadway:entrace and at the 18th Street entrance, for report .._ at the next meeting on October 15. The motionwas seconded by C. -Martin, and unanimously carried. Permit - Scout.' A communication was read from the Explorer Scout'Post No. 63, requesting Explorer Post permission to place contribution boxes at -three locations in the City.for #63 - the purpose of aiding the Navajo Indians during the coming .winter, contri- butions to be in the form of canned goods and warm -clothing. Upon motion by C. Martin, seconded by C.. Pinkley, and unanimously carried, the request was approved and the ,fee waived. .ORDINANCE #1443 Ordinance No. 1113, "AN ORDINANCE AMENDIWI SECTION 3.2.OF ARTICLE III OF Rezoning Tract ORDINANCE NO. 32 OF THE CITY OF COSTA MESA, CALIFORNIA,.ENTITLED 'AN #29214 to R2 & ORDINANCE. OF THE CITY OF COSTA.MESA ESTABLISHING LAND CLASSIFICATIONS IN Tracts #2311, DISTRICTS VITHIN,THE INCORPORATED TMRRITORY OF THE CITY OF COSTA MESA AND 2432, 2671 to REGULATING THE USES OF PROPERTY THEREIN, ADOPTING A MAP OF SAID DISTRICTS, R1 (2nd Read.) DEFINING THE TERMS USED IN THIS ORDINANCE, PROVIDING FOR THE ADJUSTMENT, WORCEMENT.AND AMENDMENT.HERfE(?F, PRESSCRIBING PENALTIES FOR VIOLATION HERE- OF, AND. REPEALING ORDINANCES AND"PARTS' OF, ORDINANCIZS INCONSISTENT AND IN CONFLICT" HER WITH,'" was presented for .second reading. Following reading of the title. C. with moved that'lurther reading be waived and that it be read by title only. The motion was seconded by C. Pinkley, and unanimously carried.- . Thereupon, C. Pinkley moved the adoption of Ordinance #143. The motion was seconded -by C. Martin, and carried by the following roll.call votes AYES: Councilmen Martin, Pinkley, Smith, Nelson NOES: Councilmen - None ABSENT: Councilmen - Meye rs . Tentative Map Tentative.Map of Tract #3106, submitted:. in the name of G. D..Buccola, 12142 .TRACT.#3106- Lincoln Avenue, Anaheim, to divide. property on Orange Avenue -.between 20th (Buccola) and 21st --Streets into 2!4 lots, was again presented for Council consideration, having been..deferred from the meeting of September 17th to allow the City Engineer.time to establish the grade..'Cal.Querial and A. R. McDaniel of McDaniel -Engineering Company, engineers. for this tract, were present to ...advise the Council that the adjoining property owners were unable.at present to share in the drainage cost, and that the -cost of draining to Newport would be prohibitive for the subdivider. They requested.permission, there- fore, to drain their tract to Orange -Avenue. After discussion, C. Martin moved that Tentative Map of Tract #3106 be approved subject to the recom- mendations of the Planning Commission and the City Engineer, "All Street to remain a 501 street, as shown on the Map. The motion was seconded by C. 476 Smith; and carried by the.following roll..call vote: AYES. Councilmen Martin, -..Smith,- Nelson NOES- Councilmen - Pinkley ABS?ENT: ' Councilmen - •Meyers Overpass and Pursuant to Council directive, the Planning Commission recommendation Interchange was submitted on the proposal of the Division of Highways to develop an interchange at Fairview Road where the proposed San Diego Freeway will intersect.Gisler Avenue, in addition to the overpass. The Clerk read the recommendation,•whereupon C. Pinkley moved that'the Planning Commission be authorized to hold a public,.hearing to determine whether'or not the people in the area favor the interchange, the three quadrons on County property to be considered as well as the quadron which will be on City— property., property, the results to be presented to the Council. The'motion-was seconded by C. Martin,,and unanimously carried. Petition #18 Upon motion by,C.:Smith, seconded by C. Pinkley, and unanimously carried, Rezoning Petition #18, submitted in the :name of the City of Costa Mesa, for the (City of C.M.) rezoning of the C2 portion of Lot 107, .Newport Mesa.Tract. to Ml, was set for public hearing on October 15, 1956, at 700 p.m. Variance #232 Amended plans for Variance #232 were submitted in the name of James I. Amended Plans Gallacher, 2027 Placentia, changing the width of the 60t private street (Gallacher) to a 115! street along the entire length, on -Lots 9 and -10 on the south side of Baker and east of Fairview Road, an R4 zone. Mr. Gallacher was present to explain his plans to the Council. Upon motion by C. Martin, seconded by C. Pinkley; and unanimously carried, amended plans for Var ianee #232 were approvedon recommendation of the Planning Commission. West 19th St. The City Attorney advised that the city is acquiring a 101 additional R/W for City right .of way from property owners on West 19th Street, and that the City itself is a partial owner,.therefore must sign a right of waydeed to itself so that the City can widen West 19th Street.' Thereupon, C. Pink - ley moved the adoption of Resolution No. 261, rA RESOLUTION DEEDING A RESOLUTION 101 RIGHT OF WAY ON WEST 19TH STREET TO THE -CITY OF COSTA MESA, AND #261 AUTHORIZING THE MAYOR AND THE CITY CL'ERR TO SIGN THE DEED." The motion was seconded by C. Martin, and Resolution4261 was adopted by the follow- ing ollowing roll call votes AYES: Councilmen Martin, Pinkley, Smith, Nelson -NOES: Councilmen - None ABSENT: Councilmen - Meyers V.P.D. #2 The City Attorney advised that although -the assessment has already been confirmed on Vehicle Parking District'#2, the deadline for purchase of the.Dr. Cowan property, as per agreement, will inadvertently fall be- fore the bonds .can be sold, and he 'recommended that the money for this purchase be"borrowed frau the unappropriated reserve, which fund will be reimbursed by Vehicle Parking District #2 after the bonds are sold, with- in 30 to 60. days. Thereupon C. Smith moved the adoption of Resolution RESOLUTION No. 262; 1?A 1dWLUTION OF THE. CITY COUNCIL AUTHORIZING THE PURCHASE OF #262. THE DA.COWAN PROPERTY. FOR VMCLE PARKING DISTRICT #2 FROM THE UNAPPRO- PRIATED RESERVE FUND." The motion was seconded -by C. Pinkley, and Resolution #262 was adopted by the following roll call vote AYSSr. Councilmen Martin, Pinkley, Smith, Nelson NOES: Councilmen - None ABSENTr , Councilmen - Meyers Escrow Opened Upon recommendation of the. City Attorziey,- C. Pinkley moved that authority Dr. Cowan be granted to open the escrow., -the Mayor and the City Clerk authorized to sigh the escrow instructions on behalf of the City, and.execute all instru- ments necessary to complete the -escrow for. the purchase of the Dr. Cowan property for Vehicle Parking District. #2. The motion was. seconded by C. Smith, and unanimously carried. Fire Preven- The Clerk reported that October 7',- 13 is.National Fire Prevention Week. tion Meek Thereupon C. Pinkley moved that Mayor Nelson proclaim October 7 - 13, 1956, as Fire Prevention Week in the City of Costa Mesa, and the Mayor and City Clerk be -authorized to.sign the proclamation. The motion was seconded by C. Martin, and.unanimous_ly carried. Agreement with The Clerk presented'the agreement between the County and the City. of Costa County for Fire Equipment 1 L -77 RESOLUTION Mesa for the.purchase of the'Fire Station, -truck and equipment, a copy of #265 which agreement waS mailed to each Councilman far -study. Thereupon C. Smith Gas Tax Allo- moved the adoption of Resolutton No. 263, "A RESOLUTION ACCEPTING THE. RESOLUTION. AGRMME+iT BETWEEN THE.CITY OF COSTA MESA AND THE COUNTY OF ORANGE FOR THE #263 PURCHASE OF THE FIRE STATION, TRUCK AND EQUIPMENT, AND THE MAYOR AND THE, Variance #263. CITY CLMK BEING AUTHORIZED TO SIGN THE AGREEMENT.", The motion was second- (Roven-Spiegel) ed by C. Martin, and -Resolution #263 was adopted by the following roll call vote: AYES:. Councilmen Martin, Pinkley, Smith, Nelson Tentative Map NOES: Councilmen - None TRACT #2845 ABSENT: Councilmen - Meyers City Hall A new lease for the City Hall for a term of three years beginning October 1, Lease 1956, was presented -for Council approval. After discussion, C. Martin moved the adoption of Resolution No. 264, "A RESOLUTION OF THE CITY COUNCIL RESOLUTION ACMPTING A LEASE BETWEEN THE CITY OF. COSTA MESA .AND GUS AND LUCIL'E BEACH #.264 FOR THE CITY HALL SITE, AND AUTH99IZING THE MAYOR AND -THE CITY CLERK TO SIGN," said._Resolution being subject to the stipulation that the property be connected to the sewer immediately. The motion was seconded by C. Pink - ley, and carried by the following roll cail.vote: Cad AYES: Councilmen -, Martin, Pinkley, Smith, Nelson NOES: Councilmen'- None ABSENT: Councilmen - Meyers RESOLUTION C. Martin then moved the adoption of Resolution No. 2652 "A RESOLUTION OF #265 THE CITY COUNCIL ADOPTING BUDGET -AND APPROVING MEMORANDUM OF AGREEMENT FOR Gas Tax Allo- EUMITURE OF=GAS TAX ALLOCATION FOR' -MAJOR CITY STREETS, AND AUTHORIZING cation -.THE MAYOR,AND CITY CLU M TO SIGN THE AGREEMENT." The motion was seconded by C. Martin, and Resolution No.'_265 was adopted by the following roll call Variance #263. .vote: - (Roven-Spiegel) AYESiCouncilmen - Makin., Pinkley,-Smith, Nelson NOES: Councilmen - None ABSENT: Councilmen - Meyers Tentative Map Tentative Map of Tract No. 2845 was submitted in the name of Newport Balboa TRACT #2845 -Savings and Loan Association,- 3366 Via Lido, Newport Beach, for the sub - Newport Balboa. division of property north of Wilson and West of Fairview Road into 45 lots. Svgs.'& Loan After discussion,, C. Smith mored that Tentative Map of Tract #2845 be ap- proved, subject to.the recommendations of the City Engineer and the Planning Commission, on file in -:,the -office of the City. Clerk. The motion was second- ed. by C. Martin, and -unanimously carried. Petition #20 Petition #20 was submitted in the_.,name of Newport Balboa Savings and Loan Rezoning Assoeiation,,:3366 Via Lido,'Newport Beach, ,for the rezoning of Tract #2845 Newport Balboa from R4 to.R2. Upon motion by C4' Pdnkley, seconded by C. Martin, and u'iiani- Savings & Loan mously carried; Rezoning Petition #20 was referred to the Planning Commis- sion for further action. Tentative Map ' Tentative Map of Tract No. 3143 was submitted in the name of Newport Balboa TRACT #3143 savings and Loan Association, 3366 Via Dido, Newport Beach, for the subdi- Newport Balboa vision'of five acres south of Wilson,�between Monrovia Avenue and Federal Savings &Loan Avenue; into'24 lots. After`discussion- C: Smith moved that Tentative -Map of Tract•#3W be approved, subject to the recommendations of the City En-, gineer and the'Planning Commission, on file in the office of the City Clerk. The motion was seconded by C. Finkley, and unanimously carried. Rezoning Petition #21 was submitted in the name of Newport Balkoa.Savings and Loan Petition #21 :Association, 3366 Via Lido, Newport Beach, for the rezoning of Tract #3143 Newport Balboa from R4 to R2. Upon motion by.C. Smith, seconded by C. Pinkley, and unani- Savings & Loan mously carried, Rezoning Petition'#21 was.referred to the.Planning Commis- sion.for further action. Variance #263. Variance Application #263 was submitted in the name•of Roven-Spiegel Con- (Roven-Spiegel) struction Company, 5656 West Third.Street,.Los Angeles, to erect.27 tempo- rary signs to advertise the shopping center and Cinderella Homes in Tract 12750 on the east side of Harbor Boulevard, an R4 zone: Frank Friesen of Orange County Expeditors, 1315 Cherry Drive, Orange, was present to ask that the request to erect commercial sign for the shopping center be denied without 'prejudice, • if • such ii -to be the rcase, pending possible rezoning of this area. After discussion, C. Smith moved that Variance #263 be approved in accordance with the recommendation of'the Planning -Commission., on file in the office of the City;Clerk, the denial of the Shopping Center sign to Variance #264 (Dr. Chung) .. be without prejudice on the part of the Council. The -'motion was second- ed by C. Pinkley, and unanimously carried. Variance Application_#264--was submitted 3.n the name of -Dr. John K. C. Chung, 211 -East 18th Street, to build a -duplex 101 from rear property line 1201 south of 18th Street on Rogers Place, an R4 zone. Thereupon C. Pinkley moved that Variance Application #264 Be approved as per the recommendations of the Planning Commission, on file in the office of the City Clerk. The motion was seconded by--C.-Smith., and unanimously carried. Variance #265 Variance Application #265 was submitted in the name of Burton H. Terhune, (Terhune) 1831 Newport Boulevard, requesting temporary use of prcperty at 427 3&st 17th Street by the Christian Science Church to hold three meetings a week and the daily use of part of the premises as a reading room. Upon motion by C. Smith, seconded by C. Pinkley, and unanimously carried, Variance Ap- plication #265 was approved as per recommendation of the Planning Commis- sion, on file'in the office of the City Clerk. PERMITS, Upon motion -by. -C. Smith, seconded by C. Pinkley, a permit was granted to The .Bargain Center, 1734 Newport Boulevard, to operate a second-hand store at the above address for the sale of a general line of new and used furniture and other items, by.the.following roll call vote: AYES: Councilmen Smith, Pinkley, Nelson, NOES: Councilmen - Martin ABSENT: Councilmen - Meyers Upon motion -by C. with, seconded by C. Pinkley, and -unanimously carried, a request. for permit in the name of Industrial Guard Service, Inc., to do business for industrial plants within the City, and to be located at 2517 Westminster Avenue, was referred to the Chief of Police for recommendation at the next regular meeting on October, 15. A request for business license was presented in the name of California Plant Protection, Inc., 7538 Woodley Avenue, Van Nuys, to conduct an -armed guard and patrol service in the City. Upon recommendation of the Chief of Police, and upon motion by C. Smith, seconded by C. Pinkley, and unanimously carried, the permit was granted. F . WR -94 ' Warrant Resolution No. WR -94, including Payroll #54, was presented for ap- proval. On motion by C. Pinkley, seconded by C. Martin, Warrant Resolu- tion No.'WR-94 was adopted by the following roll call vote: AYES: Councilmen— Martin, Smith, Pinkley,-Nelson NOES: Councilmen None ABSENT: Councilmen - Meyers CITY MANAGER'S Th6 City Manager reported that certain surplus equipment from Civil Defense REPORT is Being made available about November 1st, including certain items for which the City has made appropriati ons'and set up funds in -budgeting for C.D. Surplus the current fiscal year.. Thereupon C. Pinkley moved that the City Mana- ger be authorized to procure the.•necessary available Civil Defense equip- ment under appropriation instead of by bid. The motion was seconded by C. Smith, and unanimously carried. Radio Equip- The City Manager advised that the b d awarded at the last'meeting,to Gen- went - FIRE eral Electric for certain 2 -way radio equipment for use.at the Fire STATION Station should be rescinded because of a discrepaney'in the bids of which' the Council was unaware at the time, and advised that City specifications should meet two standards, viz., participation.in $1,600 worth of Govern ment, and free service from the County.. Upon motion by C. Smith, seennded by C. Martin, and unanimously carried, the award to General Electric was rescinded. Thereupon C. Martin moved that the bid of Motorola @ $4,022.40 be accepted, providing Motorola meets the Government and County specifications. The motion was seennded by C. Smith, and carried by the following roll call vote. AYES. Councilmen - Martin, Smith, .Pinkley. NOES: Councilmen - Nelson ABSENT: Councilmen - Meyers �7 Upon motion by C. Smith, secnnded by C. Pinkley,'and unanimously carried, the City Manager was granted a vacation from October 15 through October 289 1956, and the Fiscal Officer appointed Acting.City Manager in his absence. Adjournment Upon motion by C. Martin, seconded by C. Smith, and unanimously carried, the meeting was adjourned at 8:54 P.M. F� /Mayor -of the UtV of Costa Mesa ATTEST: AIL dity Mrk of th*.y bf Costd Mesa 1