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HomeMy WebLinkAbout10/15/1956 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF_ COSTA MESA October 15, 1956 The City Council of the City of Costa Mesa, California, met in regu- lar session at 7:30 p.m., October 15, 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 Reverend C. E. Thurmond. ROLL CALL Councilmen Present: Martin, Pinkley, Smith, Meyers, Nelson Councilmen Absent: None Officials Present: City Clerk, City Attorney, City Treasurer, Fiscal Officer Minutes Upon motion by C. Smith, seconded by C. Pinkley, and unanimously carried, the reading of the minutes of October 1, 1956, was waived, and they were approved as written. PUBLIC HEARING Mayor Nelson reported that this was the time and place fixed for the hear - Bristol #1 ing of protests or objections against the proposed "Bristol #1 Annexa - Annexation tion.1t The Clerk reported that the affidavits and proof of the publica- tion of the Resolution of Intention, and the mailing.of Notice of Hearing, 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 Clerk reported that the following written protests had been received: Alfred W. and Marianne Whelan, Lots 15 and 16, Block "B", Berry Tract, assessed valuation, $1,920.00, acreage, 9.52; James W. and La Rue Simpson, Lot 14, Block "B", Berry Tract, assessed valuation, $2,050.00, acreage, 2.38; Mrs. Myrtle M. Allen, Lot 9, Block "E", Berry Tract, assessed valuation, 0, acreage, 0, which protest was disregarded because it is not a part of the annexation in question. Mayor Nelson asked if there were any in the audience wishing to submit a written protest; there were none. He then requested all persons wishing to speak on.the proposed annexation to do so. There were no oral protests, but Mr. Whelan, after discussion, requested that his written protest be read in full. The Clerk thereupon read the protest in full, and Mr. Whelan then indicated that he did not wish to make ary further statement. Mrs. Simpson, who was present, stated that she did not wish to make any statement. The Clerk stated that the total assessed valuation of the area, including land and improvements, is $59,290.00, the total assessed valua- tion of the area in protest being $3,970.00. Mayor Nelson thereupon ask- ed if there was now anyone in the audience wishing to submit either a written or an oral protest at this time, or to speak on the annexation. There were none. Thereupon C. Smith moved that the hearing be closed. The motion was seconded by C. Meyers, and unanimously,carried. Thereupon the Councilmen considered the protests received. Upon checking the Bristol #1 Annexation map, it was discovered that the Myrtle M. Allen property was not included in the proposed annexation. The Coun-' cil thereupon discussed the protests of Alfred W. and Marianne Whelan and James W. and La Rue Simpson. After further discussion, C. Meyers moved that the determination be made as follows: that the total assessed value of the territory proposed to be annexed is $59,290.00; that the total assessed value of the parcels protesting is $3,970.00; that the total acreage of the proposed territory to be annexed is 120 acres; that the total acreage reported by the protest is 11.9 acres; that protests were not made by the owners of one-half the value of the territory, as shown by the last equal- ized assessment roll of the County of Orange; that it is for the best interest of the City and the property owners in the territory proposed to be annexed that the boundaries of the proposed annexation be not altered. The motion was seconded by C. Martin, and carried by the following roll call vote.- AYES: ote; AYES: Councilmen - Martin, Pinkley, 'Smith, Meyers, Nelson NOES Councilmen - None ABSENT: Councilmen - None C. Meyers thereupon moved that the protests of Alfred W. and Marianne Whelan, and James W. and La Rue Simpson be overruled. The motion was seconded by C. Smith, and unanimously carried. Ordinance No. 144, "AN ORDINANCE OF THE CITY OF COSTA MESA AP- PROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO THE 1 i' 481. ORDINANCE #144 CITY OF COSTA MESA, IN THE -COUNTY OF ORANGE, KNOWN AS BRISTOL #1 ANNEXATION., Approving was introduced by C. Pinkley. Following full reading of the Ordinance, (1st Reading) section by section, C. Smith moved that this constitute the first reading of Ordinance #144. The motion was seconded by C. Meyers, and carried by the following roll call vote:. AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None PUBLIC HEARING Mayor Nelson announced that the public hearing which has been duly published Petition#18 and set for this time and date for an amendment to the Zoning Ordinance, was Rezone to M1 now open for the hearing of protests or objections against the proposed re- zoning of a.portion of Lot 407, Newport Mesa Tract, from C2 to M1...The Mayor requested all persons who wished to speak on the proposed rezoning to do so. There being no oral or written protests, C. Pinkley moved that the hearing be closed. The motion was seconded by C. Martin, and unanimously carried. ORDINANCE #145 Thereupon Ordinance No. 145,. " AN ORDINANCE AMENDING SECTION 3.2 OF Rezoning ARTICLE III OF ORDINANCE NO. 32 OF THE CITY OF COSTA MESA., CALIFORNIA, (1st Reading) ENTITLED 'AN ORDINANCE OF THE CITY OF COSTA MESA ESTABLISHING LAND CLASSIFI- CATIONS IN DISTRICTS GIETHIN 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 ORDINANCE, PROVIDING FOR THE AD- JUSTMENT, ENFORCEMENT AND AMENIKENT HEREOF, PRESCRIBING PENALTIES FOR VIOLA- TION HEREOF, AND REPEALING ORDINANCES AND PARTS OF ORDINANCES INCONSISTENT AND IN CONFLICT HEREWITH,"' was introduced by C. Martin. .Following reading of the title only, C® Martin moved that this constitute the first reading of Ordinance ##145. The motion was seconded by C. Pinkley, and unanimously carried by the following roll call vote:- AYES.- Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None ORAL COM- Mayor Nelson asked if there were any in the audience wishing to be heard-on- MUNICATIONS a matter not on the agenda, whereupon W. C. Barr, 964 Governor Street, pro- tested -use of property at 949 -Governor Street by'a trucking operation owned by Robert G. Greeley, wherein trucks were going over the curbing and under- ground fuel tanks were being used. W. E. Wehmeier, 960 Governor Street, also protested the operation. The Clerk read a letter from Mr. Greeley, who was present to -present the facts. The -City Attorney reported that he had investigated the situation and found the operation to be illegal in the present residential zoning. Thereupon C. Martin moved that the City Attor- ney be instructed to take the necessary action to gain compliance from Mr. Greeley. The motion was seconded by C. Meyers, and unanimously carried. Variance ##269 Variance Application No. 269 was submitted in the name of Mrs. Fannie Price, (Price) 234 East Palmer, requesting permission to operate a real estate business in her' -home at the same address, along with a request by the applicant to with- draw the Variance. After discussion, C. Martin moved that the application be denied. The motion was seconded by C. Pinkley, but failed by the follow- ing roll call vote: AYES: Councilmen - Pinkley, Martin NOES: Councilmen - Smith, Meyers, Nelson ABSENT: Councilmen - None Thereupon C. Pinkley moved that the applicant be granted permission to withdraw Variance Application #269. The motion was seconded by C. Meyers and carried by.the following roll.call_vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None. Pertinent to Variance ##269, Roy McCardle, President of the Newport Harbor Board of Realtors, asked to go on record in behalf of that organization as opposing, the granting of a like variance in the future, maintaining that a business should be conducted in a business area. A. W. Tuttle, Chairman of the Chamber of Commerce, expressed his disapproval of the Planning Commission's action recommending approval of the variance, and was advised by Mayor Nelson that his statement should be.addressed to the,Planning Commission instead of.the City Council. 1482 E. W. Greiwe, 230 Rochester Street, was present to address the Coun- cil regarding a drainage problem in that area, wherein the contractor,. Kenneth Knoll, has piled dirt along his fence, forcing the drainage flow :. into his backyard. He was assured by the City Engineer that the situa- tion would be corrected, the City holding a bond for assurance. TOAR.ITTEN The Clerk read a communication from R. Olivia Lewis, 361 Victoria C(ISTTNICATIONS Street, protesting the periodic water shortage. Upon motion by C. Martin, seconded by C. 'Smith, and unanimously carried, the Clerk was directed to notify Mrs. Lewis that the City Water Department does not serve the area in question, and suggesting that she contact the Fair- view CountyWater District. The Clerk read a communication from William E. George, 3007 Murray Lane, advising the Council of a faulty drainage situation on his property located at 211 West Wilson Street, wherein his driveway is flooded dur- ing the wet season, and requested that the situation be alleviated. Mr. George was present to detail the situation existing. After discussion, C. Martin moved that the City Engineer investigate this situation and report back at the next Council meeting on November 5, 1956, with his recommendation as to how this problem can be corrected. Request for A communication was read from R. L. Keppen, Office Manager of Newman Refund Electric and Masonry, 2121 Harbor Boulevard, requesting a refund in (Newman Elec.) the amount of $2.75 on Electrical Permit No. 3130 issued October 29 1956, for Mr_. R. Bircher, 1928 Irvine Avenue, which address was deter- mined to be in the City of Newport Beach and not Costa Mesa. Upon motion by C. Martin, seconded by C. Smith, a refund of $2.75 was grant- ed the applicant by, the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None U. S. Day Mayor Nelson advised that the Daughters of the Golden West had con- tacted him, asking the City to observe October 23, 1956, as United States Day. Upon motion by C. Martin, seconded by C. Meyers, and unani- mously carried, the City of Costa Mesa will recognize October 23, 1956, as United States Day and a proclamation will be issued. Treasurer's Upon motion by C. Pinkley, seconded by C. Martin, and unanimously car - Report _ ried, the Treasurer's Report for the month of September, 1956, was accepted as read and ordered filed. Fiscal Officer's Upon motion by C. Martin, seconded by C. Pinkley, and unanimously Report carried, the Fiscal Officer's Report for the month of September, 1956, was accepted as written and ordered,fi led. Request for Pursuant to Council directive, the Chief of Police presented his recom- Permit mendation relative to the request for permit submitted in the name of Industrial Guard Service, Inc., to do guard service for industrial plants within the City. Upon. motion by C. Smith,, seconded by C. Meyers, and carried, the permit was.granted upon the recommendation of the Chief of Police. (C. Martin voted NO) Petition #19 Upon motion by C. Martin, seconded by C. Pinkley, and unanimously car - Rezoning ried, Petition #19, submitted in the name of James I. Gallacher, 180 (Gallacher) 21st Street, requesting the rezoning of'lots 6 through 12 inclusive of. Block "Al' of the Berry Tract, from R4 to Ml, was set for public hearing Hearing Set on November 5, 1956, at 7:30 P.M. STREET LIGHTING PROGRAM Upon motion by C. Martin, seconded by C. Meyers, and unanimously car - ried, the City Engineer was directed to prepare a report stating approxi- mate location of zones and lights, cost estimate, diagram of proposed assessment district and proposed assessment relative to the formation of a Street Lighting District under the 1919 Act, for submission to the Council prior to the first meeting in January, 1957. RESOLUTION #266 Resolution No. 266, «A RESOLUTION OF THE CITY COUNCIL ESTABLISHING THE Street Lighting POSITION OF STREET LIGHTING SUPERINTENDENT," was presented. Thereupon Superintendent C. Martin moved the adoption of Resolution No. 266. The motion was Appointed seconded by C. Pinkley, and carried by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES. Councilmen - None ABSENT: Councilmen - None Omar Nilson Upon motion by C. Martin, seconded by C. Pinkley, and unanimously carried, Named Omar J. Wilson was appointed to serve as Street Lighting Superintendent. Purchase of Upon motion by C. Smith, seconded by C. Meyers, and unanimously carried, Supplies authority was granted to purchase the necessary supplies and equipment for the Street Lighting Superintendent, the money to be allocated out of the Lighting District Fund as set up. V.P.D. #2 The City Attorney suggested that funds be advanced from the Unappropriated Finch Escrow Reserve Fund and put into escrow so that Oscar Finch can make payment on his assessment by the -City before October 17th, this money to be used as part payment on the acquisition of his property for Vehicle Parking District #2. Thereupon C. -Martin moved that the City be authorized to draw a Warrant in favor of Newport Balboa Savings & Loan Association for the purchase of the Oscar Finch property, pursuant to the agreement of sale heretofor executed by the City, in the amount of $5.2.25. The motion was seconded by C. Pink - ley, and unanimously carried by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES. Councilmen - None ABSENT. Councilmen - None V.P.D. #2 Upon motion by C. Pinkley, seconded by C. Martin, and unanimously carried, Notice In- authority was granted to publish the Notice Inviting Bids for the sale of viting Bids. bonds for Vehicle Parking District #2. Refund to A communication was read from.the City Engineer requesting the refund of Murray -Sanders 1$3,645.00 to Murray -Sanders., -subdividers of Tract Nol 2726, said sum having for Drainage been paid to the City on July 2, 1956, by the owners of Tract #2750 as their proportionate cost of the Segerstrom Drainage right of way, the re- fund being recommended because Murray -Sanders have not paid the entire amount of $5,000.00, as per agreement. Upon motion by C. Martin; seconded by C. Smith, and unanimously carried, a refund in the amount of $3,645.00 was authorized to Murray -Sanders. Bldg. Moving ..BuAding-Moving .-Permit No. 133 was submitted in the name of Lee Toncray, Permit #133 1680 Superior Avenue, requesting permission to move a storage building (Toneray) from the. 100 block on Terminal Way to 1680 Superior Avenue, within the City, accompanied by a request from the Planning Technician that the Council take action prior to the Planning Commission's action because of the urgent necessity for moving this building. Upon advice of the City Attorney that the Council cannot take prior action, C. Smith moved that Building Moving Permit #133 go through the regular channels, the City Council to convene for a short session on Monday, October 22, at 7:30 P.M. to act on the permit. The motion was seconded by C. Pinkley, and unanimously carried. Variance #266 Variance Application No. 266 was submitted in the name of -E., M. and Dorothy (Trusheim) Trusheim, 1889 Park Avenue, requesting a front yard encroachment within 10' and a rear yard encroachment within 71 at the southwest corner of 19th Street and Park Avenue, a C2 zone. After discussion, it was moved by C. Smith, seconded by CO Meyers, and unanimously carried, that Variance Application ##266 be granted upon and subject to the recommendations of the Planning Com- mission; on file in the office of the City Clerk. Variance #267 Variance Applications Nos. 267 and 268 were submitted in the name of E. M. and #268 and Dorothy Trusheim, 1889 Park Avenue, requesting a rear yard encroachment (Trusheim) within 7t at the southwest corner of 19th Street and Park Avenue, and re- questing a rear yard encroachment within 71 at 501 south of the southwest corner of 19th Street -and Park Avenue. Upon recommendation of the Planning Commission, and upon motion by C. Smith, seconded by C. Pinkley, and unani- mous.ly carried, Variance Applications Nos. 267 and 268 were denied. Variance #270 Variance Application No. 270 was submitted in the name of Thomas W. Johnson, (Johnson) 904 West 19th Street, to permit the operation of a darkroom in the garage at the same address and the transaction of -a mail order photographic business. Upon motion by C. Pinkley, seconded by C. Meyers, and unanimously carried, Variance Application No. 270 was granted subject to the recommendations of the Planning Commission, on file in the office of the City Clerk Variance #271 Variance Application No. 271 was submitted in the name of Vernon L. Soren - (Sorensen) sen, 2558 Orange Avenue, to permit the building of approximately 72,000- sq. 2,000-sq. ft. of F2 -type buildings, for lease on lot 17,, Block 11B11, Berry Tract, located east of Tract #2896 on Baker Street. Upon recommendation of the Planning Commission, C. Martin moved that,the Council go on record as approving Variance #271 when it is proper to do so, subject to the stipulations of the Planning Commission, on file in the office of the City Clerk. The motion was seconded by C. Smith, and unani- mously carried. PERMITS Upon motion by C. Martin, seconded by C. Meyers, and unanimously carried, a permit was granted to Phillips Furniture, 2089 Harbor Boulevard, to operate a second-hand furniture store at that location. Upon motion by C. Pinkley, seconded by C. Smith, and unanimously car- ried, a permit was granted to Dickts Horse Shoe, 239. Newport Boulevard, to hold a one=night dance on October 31, 1956.. Upon motion by C. Pinkley, seconded by C. `with, and unanimously car- ried, a permit was granted to the Hudson House, 2260 Harbor Boulevard, to hold a one-night dance on October 311 1956, from 9:00 P.M. to 1:30 A.M. A communication was read from R. E. Harbison, President of the Harbor Democratic Club, adivsing the Council that October 16, 1956, has been designated by them as "Dollars for Democrats" Day, and requesting permission for a house-to-house canvass for donations to the Demo- cratic Party on that day. Upon motion by C. Martin, seconded by C. `Smith, and carried, the permit was granted and the fee waived. wR-95 Warrant Resolution No. WR -95, including Payroll #55, was presented for approval. On motion by C. Pinkley, seconded by C. Martin, War- rant Resolution No. WR -95 was adopted by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES:, Councilmen - None ABSENT:. Councilmen - None wR-96 Warrant Resolution No. WR -96 was presented for approval. On motion by C. Pinkley, seconded by C. Martin, Warrant Resolution No. WR -96 was adopted by the following roll call vote: AYES:- Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES. Councilmen - None ABSENT: Councilmen - None . CITY MANAGERIS The Fiscal Officer, serving as Acting.City Manager in the latter's ab - REPORT sence, read a communication from George W. Coffey in which he advocated a special census be taken and'a special survey be made by the Board of Fire Underwriters of the Pacific in anticipation of decreased fire insurance rates within the City. Upon motion by C. Smith, seconded Survey & Census -by C. Martin, and unanimously carried, the Council authorized the City Clerk to (1) make application for a special census to be taken in the City in April or May of 1957; (2) to request a special survey by the Board of Fire Underwriters of the Pacific. Fire Chief Ap- The Acting City Manager advised.that the Agreement between the City pointed Appraiser and the County of Orange for the transfer of the Fire Station and equipment to the City of Costa Mesa stipulates that an appraiser be appointed by the City to work jointly with the County appraiser in determining the appraised valuation, and suggested.that'said apprais- er be appointed at this time.. Upon motion by C. Martin, seconded by C. P-Inkley, and unanimously carried, the Fire Chief was appointed appraiser for the City to determine with the County appraiser the ap- praised value of the Fire Station and equipment. C/A Retainer Thereupon Resolution No. 267, "A RESOLUTION OF THE CITY COUNCIL OF THE Increased - CITY OF COSTA MESA, CALIFORNIA, INCREASING THE RETAINER FEE OF THE CITY RESOLUTION #267 ATTORNEY," was presented. Upon motion by C. Smith, seconded by C. Meyers, Resolution #267 was adopted by the following roll call vote: AYES. Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None V.P.D. #2 Resolution No. 268, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RESOLUTION #268 (Finch) COSTA MESA, ACCEPTING DEEDS FOR VEHICLE PARKING DISTRICT #2," was presented. Upon motion by C. Martin, seconded by C. Pinkley, Resolu- tion No. 268 was adopted by the following roll call vote: Adjournment L jam. CQ [i 1 jC"g xC.;( D AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT. Councilmen - None Upon motion by C. Smith, seconded by C. Pinkley, and unanimously carried, the meeting was adjourned at 9:26 P.M. until October 22, 1956, at 7:30 P'.M. Ma i y of Costa Mesa ATTEST- e . �• My C1er of the City of Costa Mesa