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HomeMy WebLinkAbout12/17/1956 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA December 17, 1956 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 p.m., December 17, 1956, at the Newport Justice Court, 56711est 18th Street, Costa Mesa. The meeting was called to order by Mayor Nelson, followed by the Pledge of Allegiance to the Flag and In- vocation by Reverend Floyd W. Nelson. ROLL CALL Councilmen Present: Martin, Pinkley, Smith, Meyers, Nelson Councilmen Absent: None Officials Present:, - Deputy City Clerk, City Attorney, City Manager, -Director of Finance Minutes Upon motion by C. Pinkley, seconded by C. Martin, and unanimously carried, the reading of the minutes of December 3, 1956, was waived, and they were approved as written. PUBLIC HEARING Mayor Nelson reported that this was the time and place fixed for the--.. "TALBERT ANNEX- hearing of protests or objections against the proposed "Talbert Annexa- ATION #1" tion #1." The Clerk reported that the affidavits and proof of the publi- cation 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 pro- posed annexation to do so. No person desired to speak,.and there being no oral or written protests, C. Martin moved that the hearing be closed. The motion was seconded by C. Pinkley; and unanimously carried. Thereupon Ordinance No. 151, "AN ORDINANCE OF THE CITY OF COSTA ORDINANCE 7#151 MESA APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY CONTIGUOUS (1st Reading) TO THE CITY OF COSTA MESA, IN THE COUNTY OF ORANGE, KNOWN AS 'TA LBERT ANNEXA « TION NO. 1,'was introduced by C. Martin. Following full reading of the Ordinance, section by section, C. Smith moved that this constitute the first reading of Ordinance No. 151. 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 'WRITTEN The Deputy Clerk read a communication from Murray -Sanders Company, re- COiMMUNICATIONS questing that authorization be given the Edison Company to install wood- en poles with sidearms to provide street lighting for the College Park Tract, No. 2727. Upon motion by C. Martin, seconded by C. Pinkley, and Street Lights unanimously carried, the letter was ordered filed and a copy of the City TRACT #2727 Street Lighting Ordinance was directed to Murray -Sanders Company where- in ornamental lighting standards are required by the City. Requests for The Deputy Clerk read a communication from Wilfred B. Taylor, Richard W. Annexation Taylor and Eunice L. Caldwell, 162. North Baker Street, Santa Ana, re- questing the annexation of Lots 7 and 8, Block "B", Berry Tract, tirith an M1 zoning, and a communication from James A. Crane and A. A. McCray, re- questing the annexation of portions of Block 1, 2, 3 and 4, Cummings and Moons Addition to Fairview. Upon motion by C. Pinkley, seconded by C. Smith, and unanimously carried, the requests were referred to the Plan- ning Commission for recommendation. Treasurer's Upon motion by C. Pinkley, seconded by C. Smith, and.unanimously carried, Report the Treasurer's Report for the month of November, 1956, was accepted as read by the Director of Finance, in the absence of the City Treasurer, and ordered filed. Fiscal Offi- ..Upon motion by C. Smith, seconded by C. Pinkley, and unanimously carried, cer's Report the Fiscal Officer's Report for the month of November, 1956, was accep- ted as written and ordered filed. The City Engineer presented the final map of Tract No. 3137, submitted in the name of Phi11i Sullivan, 498 East 16th'Place, Costa Mesa, for the subdivision of 5.46 acres between Tustin and Irvine Avenues and be- 1 I� Final Map tween 16th and 17th Streets into 27 lots, together with a certified check TRACT #3137 in -the amount of $30,100 in lieu of surety bond, a check in the amount of (Sullivan) $2,380.00, and signed Agreement. Thereupon C. Smith moved the adoption of Resolution No. 297,'"A RESOLUTION #297 RESOLUTION APPROVING THE FINAL MAP OF TRACT NO. 3137 AND ACCEPTING THE STREETS AND ALLEYS SHOWN THEREON FOR PUBLIC USE FOR HIGHWAY, PURPOSES AND AUTHORIZING THE CITY CLERK TO SIGN THE MAP AND -AUTHORIZING THE CITY'CLERK AND'THE MAYOR TO SIGN THE'AGREEMENT." The motion was seconded by C. Pink - ley, and Resolution No. 297 was adopted by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Variances Nos. At this time, Variance Application No. -279; submitted in the name of Monti - 279 and 280 cello Corporation, Box 101, Costa Mesa, requesting commercial buildings and (Busy Bee) parking south of East 17th Street and west of Santa Ana Avenue, a C2 and (Monticello) R4 zone, and Variance Application No. 280, -submitted in the name of Busy Bee Ranch, 504 South Broadway, Los Angeles, requesting commercial buildings and parking for a shopping center between East 17th Street and.16th Place west of Santa Ana Avenue, an R4 zone, were considered. Mayor Nelson asked if there were any in the audience wishing to speak on these variances, - whereupon Donald Harwood, attorney representing Mr. Vick and Mr. James, property owners on 17th Street, requested that action be deferred until an agreement among all property o-wners can be reached, as there is apparent confusion at the present time on several facets of this proposed develop- ment. At the request of the applicants, and upon motion by C. Smith, seconded by C. Pinkley, and unanimously carried, action was continued to the meeting of January 7, at which time all parties_ concerned can be in attendance. ORDINANCE #150 Ordinance No. 150, "AN ORDINANCE OF THE CITY OF COSTA MESA ESTA BLISBING Director of THE POSITION OF DIRECTOR OF FINANCE AND DEFINING IIS POWERS AND DUTIES," Finance was presented for second reading. Following reading of the title, C. Mar (2nd Reading) tin moved that further 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 No. 150,. The motion was second- ed by C. Martin, and carried by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Kilpatrick Upon motion by C. Pinkley, seconded by C. Martin, and unanimously carried, Appointed incumbent James T. Kilpatrick was reappointed to represent the City of Costa Mesa on the Orange County Mosquito Abatement District, Board of Trus- tees, for the years 1957 and 1958. 1W. 19th Street Certain rights of way deeds for the widening of West 19th Street were pre- R/W Deeds sented for acceptance by the City of Costa Mesa. Thereupon, Resolution No. 298, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ACCEPT - RESOLUTION ING DEEDS OF RIGHT OF WAY FOR TEE WIDENING OF WEST NINETEENTH STREET IN THE # 298 CITY OF COSTA MESA," was presented. C. Smith moved the adoption thereof, the motion was seconded by C. Martin, and Resolution No. 298 was adopted by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen— Mone ABSENT: Councilmen - None RIT7 Deeds for Certain rights of way deeds for the opening of portions of Wallace Avenue Wallace Ave. & a3d Weelo Drive were presented for acceptance by the City of Costa Mesa. Weelo Drive Thereupon, Resolution No. 299, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA I4ESA ACCEPTING DEEDS OF RIGHT OF WAY FOR THE OPENING OF POR - RESOLUTION #299 TIONS OF ti,ALLACE AVENUE AND WEELO DRIVE IN THE CITY OF COSTA MESA," was presented. C. Smith moved the adoption thereof, the motion was seconded by C. Meyers, and Resolution.No. 299 was adopted by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None BAKER ST. #3 The Deputy Clerk presented the map and legal description of an uninhabited ANNEXATION 30 -acre area south of Baker Street between Fairview Road and College Street, RESOLUTION #300 lying outside and contiguous to the City of Costa Mesa, which have been filed with and approved by the Orange County Boundary Commission with respect to definiteness and certainty of the proposed boundaries, the concensus being that it would be to the best interest of the City of Costa Mesa to initiate proceedings to annex said territory to the City. Thereupon, C. Pinkley moved that Resolution No. 300, "A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA OF INTENTION TO ANNEX AND GIVING NOTICE THEREOF," be adopted. The motion was seconded by C. Martin, and Resolution No. 300 was adopted by the following roll call vote: AYES:- Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Hearing Set The Public Hearing was set for January 21, 1957, at 7:30 p.m. Foursquare A request submitted in the name of Reverend Floyd W. Nelson of the Four - Church Signs square Church, 173. Orange Avenue, for the City to erect directional signs in designated places, was again presented, having been deferred from the meeting of December 3rd for more detailed information. Bever - end Nelson discussed the request with the Council. As the Council was reluctant to deviate from the conventional directional sign used by other organizations, C. Pinkley moved that the Mayor appointa committee of five to attempt to work out a mutually satisfactory agreement, a re- port to be made at the next regular meeting to be held- on Friday, December 28th. The motion was seconded by C.• Meyers, and unanimously carried. Committee Mayor Nelson appointed C. Martin, Reverend Nelson, the Chief of Police, Appointed the Street Superintendent and the City Manager to serve on the Com- mittee, C. Martin to act as Chairman. Request for Upon recommendation of the Planning Commission, and upon motion by C. Refund Martin, seconded by C. Meyers, a refund in the amount of $25.00 to Thomas K. Holmes, Industrial Enterprises, on Variance No. -271 to Vernon L. Sorensen on October 15, 1956, was granted, as applicant is now build- ing under an Orange County Use Variance pending annexation to Costa Mesa, by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None ORDINANCE #146 Ordinance No. 146, "AN ORDINANCE AMENDING SECTION 3.2 OF ARTICLE III OF Rezoning ORDINANCE NO. 32 OF THE CITY OF COSTA MESA, CALIFORNIA, ENTITLED, 'AN (Gallacher) ORDINANCE OF THE CITY OF COSTA MESA ESTABLISHING LAND CIASSIFICATIONS IN 2nd Reading 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 ORDINANCE, PROVIDING FOR -TEE ADJUSTMENT, ENFORCEMENT AND AMENDMENT HEREOF, PRESCRIBING PENALTIES FOR VIOLATION HEREOF, AND REPEALING ORDINANCES AND PARTS OF ORDINANCES INCONSISTENT AND -IN CONFLICT HERF,4ITH, 1rr was presented for second reading, having been deferred from the meeting of November 19th for further study. Following reading of the title, C. Smith moved that further reading be waived and that it be read by title only. The motion was seconded by C. Pinkley, and unanimously carried. Thereupon, C. Martin moved the adoption of Ordinance No. 146. The motion was 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 Condemnation Upon motion by C. Pinkley, seconded by C. Martin, and unanimously car - Proceedings ried, the employment of John C. Wallace as appraiser for right of way (Wade) acquisition over the Wade property, was ratified: Upon motion by C. Smith, seconded by C. Meyers, and unanimously carried, the City Attorney was authorized and instructed to institute condemna- tion proceedings for acquisition of right of way over the Wade property. Ordinance No. 152, "AN ORDINANCE OF THE CITY OF COSTA MESA, CALIFORNIA, 1 1 512 ORDINANCE #152 AMENDING ORDINANCE NO. 111, ENTITLED IAN ORDINANCE OF THE CITY OF COSTA Registration MESA REQUIRING THE REGISTRATION OF CONVICTED PERSONS," was introduced by of Convicted C. Martin. Following full reading of the Ordinance, section by section, Persons C. Pinkley moved that this constitute the first reading of Ordinance No. (1st Reading) 152. 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 Annexation Re- The Deputy Clerk read the recommendation of the Planning Commission regard - quest (Felipe) ing the request of Ruben Jose and John Felipe, 307 Walnut Street, Placentia, for annexation of Lot 6, Block "B", Berry Tract, to the City of Costa Mesa as M1, the recommendation favoring this action. Upon motion by C. Martin, seconded by C. Smith, and unanimously carried, action was.deferred pending further study of the matter with Welton Becket & Associates. Tentative Map Tentative Map of Tract No. 3161, submitted in thename of United Western TRACT #3161 Builders, Inc., 190 Anaheim -Olive Road, Anaheim, to divide property north U.W. Bldrs. of Wilson Street and -west of Fairview Road into 61 lots, was presented for approval.. Upon recommendation of the Planning Commission, and upon motion by C. Martin, seconded by C. Pinkley, and unanimously carried, Tentative Map of Tract No. 3161 was approved subject to the recommendations of the City Engineer and the Planning Commission, on file in the office of the City Clerk. Proposed change Upon motion by C. Smith, seconded by C. Pinkley, and unanimously carried, in Ord. #32 a communication from the P'lanning'Commission requesting the Council to con - (Parking) sider a possible change in Ordinance No. 32 relative to off-street parking requirements, was ordered filed, the matter to be studied further in Com- mittee session with TVelton Becket & Associates, and action to be taken at a later date. Refund Request Upon recommendation'of the Building .Official, and upon motion by C. Pinkley, (Mitchell) seconded by C. Meyers, a refund in the amount of $44.20, representing 85% of fees collected on Building Application #3797 for proposed construction at 1980 P'lacentia Avenue for R. A. Mitchell, was approved by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Request -for Relative to the improvement of East 17th Street and certain other streets Chapter 47 in the City of Costa Mesa, Resolution No. 301, "A RESOLUTION OF THE CITY Monies COUNCIL OF THE CITY OF COSTA MESA AUTHORIZING THE FILING OF A PLANS APPLI- CATION UNDER CHAPTER 47, .STATUTES OF 1944, (STH EXTRA SESSION)" was pre- RESOLUTI'ON #301 sented and read. Thereupon C. Martin moved the adoption thereof, the motion was. seconded by C. Pinkley, and Resolution No. 301 was adopted by the following roll call vote: AYES: Councilmen - Martin, Pink -ley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None RESOLUTION #302 Pertinent to the improvement of 19th Street and certain other streets in the City of Costa Mesa, Resolution No. 302, "-A RESOLUTION OF THE CITY COUN- CIL OF THE CITY OF COSTA MESA AUTHORIZING THE FILING OF A PLANS APPLICATION UNDER CHAPTER 47, STATUTES OF 1944, (4TH EXTRA SESSION)" was presented and read, Thereupon C. Meyers moved the adoption thereof, the motion was seconded by C. Pinkley, and Resolution No. 302 was adopted by the following roll call vote: AYES: Councilmen - Martin, Pinkley,.Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None RESOLUTION #303 Pertinent to the preparation of architectural designs and plans for the construction of a City Hall, Resolution No. 303, "A RESOLUTION OF THE CITY - COUNCIL OF THE CITY OF COSTA MESA AUTHORIZING THE FILING OF A PLANS APPLI- CATION UNDER CHAPTER 47, STATUTES OF 1944, (4TH EXTRA SESSION)" was pre-_ sented and read. Thereupon C. Meyers moved the adoption thereof, the by 'C. was seconded bC. Smith, and Resolution No. 303 was adopted by - the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen.- None ABSENT: Councilmen - None Assistant to Upon recommendation of the City Attorney, and upon motion by C. Pink - City Attorney ley, seconded by C. Smith, and unanimously carried, Robert Huckenpahler was appointed to act as prosecutor for the City of Costa Mesa and as Assistant to the City Attorney. Mr. Dungan advised that a formal con- tract will be presented for Council approval for the services of Mr. Huckenpahler on a per diem basis, payment to be allocated from the sal- ary now being paid the City Attorney at no extra cost to the City. Municipal, The City Manager advocated the employment of a firm to determine the Finance Con- needs and resources of the City of Costa Mesa and its ability to pay for sultant a bond issue to finance participation in the proposed terminal reservoir. RESERVOIR Upon motion by C. Martin, seconded by C. Meyers, and unanimously car- ried, the City was authorized to employ the firm of Stone & Youngberg to act as Finance Consultant, said hire to be contingent upon similar ac- tion by the City of Newport Beach, and the Mayor and City Clerk -autho- rized to sign the contract on behalf of the City. - Joint Powers The City Attorney reported that a communication had been received from Agreement 01Melveny & Myers, in conjunction with Newport Beach, requesting that the City adopt a Resolution to start negotiations with Newport Beach for acquiring, developing and maintaining the proposed terminal reser- voir and adequate water facilities for the City, and recommending that three commissioners be appointed to confer faith like Commissioners from the City of Newport Beach for the working out of a Joint Powers Agree- ment. The Mayor appointed the City Attorney, City Manager and Council- man Pinkley to serve as Commissioners. Thereupon C. Smith moved the adoption of Resolution No. 304, RESOLUTION #304 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DEEMING I1T ADVISABLE TO INVESTIGATE THE DESIRABILITY OF JOINT ACTION WITH THE CITY OF NEWPORT .BEACH, CALIFORNIA, FOR ACQUIRING AND MAINTAIN- ING A WATER SUPPLY AND CONSENTING TO THE APPOINTMENT OF COMMISSIONERS." The motion was 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 Variance #274 Variance Application No. 274 was submitted in the name of Harold A. (Berman) Berman, 12052 Nieta Drive, Garden Grove, requesting permission to build 30 apartments, as per plans, on East 18th Street and west of Santa Ana Avenue, an R4 zone. Mr. Berman and Mr. Kimble were present to discuss the Variance. Upon recommendation of the Planning Commis- sion, and upon motion by C. Smith,. seconded by C. Meyers, and unani- mously carried, Variance Application #274 was approved subject to the conditions imposed by the Planning Commission, on file in the office of the City Clerk. Variance ,#278 Variance Application No. 278 was submitted in the name of Elah Corpora- (Elah Corp.) tion, 1777 West Lincoln Avenue, Anaheim, requesting a Of rear yard set- back at 145-149 East 18th Street, a Cl zone. Upon motion by'C. Smith, seconded by C. Pinkley, and unanimously carried, Variance Application No. 278 was approved subject to the recommendations of the Planning Commission, with the exception that a 101 right of way at the rear of the property be deeded to the City for alley purposes. Variance ,#290 Variance Application No. 290 was submitted in the name of International (Foursquare) Church of the Foursquare Gospel. 1734 Orange Avenue, for a 101 rear yard setback instead of.a 251 setback and to allow 30 -car parking instead of 47 -car parking. The Planning Commission recommended denial. Reverend Nelson was present and submitted an alternate plan for Council approval, which plan places the proposed building parallel with the present struc- ture instead of to the rear, with the same number of parking spaces (30) on Orange Avenue_, thus obviating the necessity for the setback request. After discussion, C. Smith moved that'Variance Application No. 290 be granted in view of the fact that the original church was built before parking requirements were imposed and additional parking facilities are being provided in excess of the requirement, making for a more attrac- tive corner, provided, however, that the parking area be paved and mark - 1 „i TC6T JO 10V ISHIOUd XZIHOPW CIKV NSIZVZINI'I C[NV NOI1'VDI1SaMI JKaKSSHSSV U'VI0gdS1 His UHQIM SMIQSgSOad NSI1V-DIjSS1UII JO UEFAIVM UOA NOIZIlSd MV TT6T d0 Z0v Haan INHHHAOUdNI Nig JNIZSK[Iba:U NOIZIsgd„ PaTgTWO cTT6T Jo gOV agg aapLm guauanoadmT uu 2uzgsunbea uozgzgad u paguasaad J�auaOWV 14z0 aqs amvg vI'I'iaKV0 auoN - uewTTouno0 :jmaSgV auoN - ua1uTzouno0 :SSON uosTaN csaa_�aps cggzluS c,�@T:juzd cuzgauN ua1t1Tzo1no0 : SSW71,T : GgOA ITuO TToa OUTAOTToJ aug �a pagdopp svi 50C °oN uozgnlosad pine csaa.�apl .0 �q papuooas suiq uozgow aqZ „°SgSOdNlld �)NIXUVd ME CIK I JO NOILVDIQgQ K-IZ dOA ZNHIgSUD V XV DKIAOUddv NOISn'IOSarI 50e# N0IZIlaOSS11 `50e •oN uoTqujosaa Jo uozgdope aug panow ggTwS .0 uodnaaagy °I# Taoxed aoJ OuzjaBd aoJ Z# Taoxed OuzguuaO paguasoad a.zoT -aaagg iGuaoggV ags °./,TquoorLaaaz saAleswagg oq. 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TuTuop aoJ uozgvpuawwooaa uoleslumo0 OuzuuuTd agg pine csaa,�aps °0 j�q papuooas sux uotgou eqj °,�gaadoad agg Jo gg2ual TTnJ aqg .0uoju ssaooB Jo puegsuz -?aau oui -xaed auo og ssaoou auo ap Aoad oq.anubAV aOuLea0 uo paTTugsuz sgx-no pine .pe for the improvement of Camellia lane. The City Attorney further advised that the petition was filed by owners of more than 60% of the area of property subject to assessment, and owners of assessed value in excess of 60%, and that the certificate showing the suffi- ciency'of the signatures was being filed with the petition. There- upon C. Smith moved that the City Engineer be instructed to furnish the plans and specifications, together with the estimate of the cost and expense of the work for the improvement of said -Camellia lane; as required by Section 5130, Streets and Highways Code, State of Califor- nia. The motion was seconded by C. Meyers, and unanimously carried. Adjournment _Upon_motion by C. Ma-ttin, seconded by C. Meyers, and unanimously carried, the meeting was adjourned at 9:40 p.m. until December 28, 1956, at 7:30 p.m. Mayor of 1 y of Costa Mesa ATTEST_:: City Clerk of the Ci y of Costa Mesa 1 1