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HomeMy WebLinkAbout01/21/1957 - City Council523 REGULAR. MEETING 'OF THE CITY COUNCIL CITY OF -COSTA MESA January 21, 1957 The City Council'of the City of Costa Mesa, -California, met in regular ses- sion at 7:30 -p.m., January 21, 1957, at the Newport Justice Court, 567 West 18th Street, Costa Mesa. The meeting was called to order by Mayor Pro Tem Martin, in the absence of'Mayor Nelson, followed by_the Pledge of Allegiance to the Flag and Invocation by Bruce Martin. ROLL CALL Councilmen,Presentr Martin, Smith, Meyers Councilmen Absent: Pinkley, Nelson Officials Present: Deputy City Clerk, City Clerk, City Attorney, City Manager, City Treasurer,' Director -of Finance Minutes Upon motion by C. Smith, seconded'by C. Meyers, and unanimously carried, the reading of the minutes of January 7, 1957, was waived, and they were approved as written. PUBLIC HEARINGMayor Pro Tem -Martin reported that this was the time and"place fixed for the "BAKER ST. #3, hearing'. of protests or objections against the proposed "Baker Street #3 An- ANNEXATIONtQ nexation." The Deputy Clerk reported -that -the affidavits and proof of the publication of the Resolution of Intention, the mailing of notices of adop- tion 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 Pro Tem thereupon declared the hearing open. Mayor Pro Tem Martin requested all persons who wished to speak on the proposed annexation to do -so. No person desired to speak, and there being no oral or written -protests, C. Smith moved that the hearing be closed. The motion was seconded by C. Meyers, and unanimously carried. Thereupon ,Ordinance No. 153, "AN ORDINANCE OF THE CITY OF COSTA MESA ORDINANCE #153 APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO THE (lst Reading) CITY OF COSTA MESA, IN THE COUNTY OFORRANGE, KNOWN AS IBAITR STREET #3 AN- NEXATION, "I was introduced by C. Meyers. (At this point in the meeting; C. Pinkley entered the Chambers) Following full reading of the Ordinance, section by section, C. Smith moved that -this constitute the first reading of Ordinance No. 153. The motion was seconded by C. Pinkley, and carried by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers NOES: Councilmen - None ABSENT: Councilman - Nelson, PUBLIC HEARING Mayor Pro Tem Martin announced that the Public Hearing set for this time and Petition #22- date, on -an amendment to..the Zoning Ordinance as described in Rezoning Peti- Rezoning tion No. 22, was now open. The Petition was submitted in the name of Costa (Costa Inv.) Investment Corporation, 5556 T/Test 3rd Street, Los Angeles, requesting the re- zoning of a portion of Lot "A'l, Banning Tract, located on Harbor Boulevard north and south -of Fair Drive, from R2 and Rl to C2. The Deputy Clerk re- ported that proof of the Notices of Public Hearing is on file in the office of the City Clerk. Mayor Pro Tem Martin asked'if there were any in the audi- ence wishing to.speak on the Rezoning Petition. Thereupon, Gerald M. Trisler, 5656 `Test Third. Street, Los Angeles 36, representing the applicant, and Mr. and Mrs. C. R. Crozier, 447 Elmhurst Lane, -addressed the Council. It was the recommendation of the Planning Commission that this area be rezoned Cl in- stead of C2. and the applicant consented thereto. There being no oral or written protests, C. Smith moved that the hearing be"closed. The motion was, seconded by C. Pinkley, and unanimously carried. C. Smith moved that Rezoning Petition No. 22 be approved in accordance with the recommendations of the Planning Commission. The -motion was seconded by C. Meyers, and unanimously carried. Thereupon Ordinance No. 154, "AN ORDINANCE AMENDING SECTION 3.2 OF ORDINANCE #154 ARTICLE III OF ORDINANCE NO. 32 OF THE CITY -OF COSTA MESA, . ENTITLED ''AN Rezoning ORDINANCE OF THE CITY OF COSTA MESA ESTABLISHING LAND CLASSIFICATIONS IN (1st 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 THE ADJUSTMENT, EN- FORCEMENT AND AMENDMENT HEREOF, PRESCRIBING PENALTIES FOR VIOLATION HEREOF, AND REPEALING ORDINANCES AND PARTS OF ORDINANCES INCONSISTENT AND IN CONFLICT. HEREWITH." was introduced by C. Pinkley. Following full reading of the Ordinance, section by section, C. Smith moved that this constitute the first reading of Ordinance No. 154. The motion was seconded by C. Pinkley, and carried by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers HOE'S: Councilmen - None ABSENT: Councilmen - Nelson It was further agreed by all parties concerned that second read- ing of Ordinance No. 154 will be withheld until the applicant has filed a declaration of restrictions carrying.out the 3 to 1 parking ratio and sub- mitted a Tract map. Oral Mayor Pro Tem Martin asked if there were any in the audience wishing to Communications speak on a matter not on the agenda, whereupon G. L. Funk, 276 East 19th Street, addressed the Council, protesting 'a drainage situation at 281 East Costa Mesa Street. After discussion, C. Smith moved that the City Engineer investigate this situation and make a recommendation to the Council this week, and that Mr. Funk be authorized to use his own equip- ment at his own expense to alleviate the drainage situation as much as possible, without injuring the neighbors around him. The motion was seconded by C. Meyers, and unanimously carried. Written The Deputy Clerk read a communication from Cyrus J..Fischer, 445 Walnut Communications Place, protesting a drainage situation in the vicinity of Costa Mesa Street and Walnut Place between Tustin and Irvine Avenues, which situation is caused by debris and growth collected in the drainage ditch. Mr. Fischer was present to discuss the situation. After ascertaining that the ditch was privately owned, C. Pinkley moved that the Fire Chief and the Health Department be instructed to investigate this situation, and if it is found to constitute a fire or health hazard, the City shall or- der the property owners to clean up.the ditch; if they fail to do so, the City shall be authorized to clean it and charge the respective prop- erty owners for this service. If it does not constitute a fire _or health hazard, the City has no jurisdiction and cannot take action. The motion was seconded by C. Meyers, and unanimously carried. City Hall The Deputy Clerk read a communication from O'Melveny & Myers, 133 South Lease Spring Street, Los Angeles 13, attesting to the validity of the City Hall lease with Manuel Martin as executed. -Upon motion by C. Smith, seconded by C. Pinkley, and unanimously carried, the letter was ordered filed. Leash Law A communication was read by the Deputy -Clerk from Leland M. Edwards, 273 Monte Vista Avenue, expressing the opinion that a leash law is unneces- sary in the City. Upon motion by C. Pinkley, seconded by C. Meyers, and unanimously carried, the letter was ordered filed. Liquor License The Deputy Clerk read a communication from Howard B. Lawson Co., 516 West 19th Street, requesting the City to advise if there would be any objec- tions to the issuance of an on -sale liquor license to a proposed -restau- rant and bar to be located at 528 and 532 West 19th Street, before appli- cation is made to the State for such license. Upon motion by C. Smith, seconded by C. Pinkley, and unanimously carried, the letter was ordered filed. Tract #2992 Upon motion by C. Pinkley, seconded by C. Smith, and unanimously carried, Extension Robert L. Duey, M.D., 1879 Newport Avenue, was_granted a 1 -year exten- sion for the filing of the final map on Tract #2992. Variance #288-A A request was submitted in the name of Mark M. Tapscott, 14092 Brenan Today, (Tapscott) Santa Ana, to amend Variance #288, approved December 3, 1956, by the Coun- cil. Upon motion by C. Pinkley, seconded by C. Meyers, and unanimously carried, Variance #288-A (amended) was approved, subject to the subsequent ratification of the Planning Commission. Treasurer's Upon motion by C. Pinkley, seconded by C. Smith, and unanimously carried, Report the Treasurer's Report for the month of December, 1956, was accepted as read and ordered filed. Director of Upon motion by C. Pinkley, seconded by C. Meyers, and unanimously car - Finance Report ried, the Report of the Director of Finance for the month of December, 1956, was accepted as written and ordered filed. 1 D 525 Widening of The Deputy Clerk read the recommendation of the Planning Commission relative Harbor Blvd, to the, widening of Harbor Boulevard,.upholding the recommendation made by Welton Becket and Associates on November 23, 1956 (1001 r/w from 19th -Street north to the City limits). It was moved by C. Smith, seconded by C. Pinkley, and unanimously carried, that action be- deferred to the next regular meeting to afford the Council time to study the matter further and to determine what the City's obligation will be in acquiring the rights of Dray on Harbor Blvd. W. 19th Street A right of way deed for the widening of.West 19th Street was presented for- R/W Deed acceptance. Thereupon C. Pinkley moved the adoption of Resolution No, 312, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ACCEPTING A CER - RESOLUTION TA IN DEED OF RIGHT OF WAY FOR THE WIDENING OF'WEST .19TH STREET IN THE CITY #312 OF COSTA MESA." The motion was seconded by C. Smith, and Resolution No. 312 was adopted by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers NOES: Councilmen - None ABSENT: Councilmen - Nelson Merrill Place Certain rights of way deeds for the opening of a portion of Merrill Place R/W Deeds as a public street were presented for acceptance. Thereupon C. Smith moved the adoption of Resolution No. 313, "A RESOLUTION OF THE CITY COUNCIL OF THE RESOLUTION CITY OF COSTA MESA ACCEPTING DEEDS OF RIGHT OF WAY TO MERRILL PLACE IN THE #313 CITY OF COSTA MESA." The motion was seconded by C. Pinkley, and Resolution - No. 313 was adopted by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers NOES: Councilmen - None ABSENT: Councilmen - Nelson ORDINANCE #155 Ordinance No. 155, "AN ORDINANCE OF THE CITY OF COSTA MESA AMENDING ORDINANCE Payment of N0. 68, BEING.ENTITIED, 'AN ORDINANCE OF THE CITY OF COSTA MESA, CALIFORNIA, Claims PRESCRIBING THE METHOD OF PRESENTING AND PAYMENT OF CLAIMS, DEMANDS AND WAR- (lst Reading) RANTS,"► was introduced by C. Martin. Following full reading of the Ordin- ance, section by section, C. Smith moved that this constitute the first read- ing of Ordinance No. 155. The motion was seconded by C. Pinkley, and carried by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers NOES: Councilmen - None ABSENT: Councilmen - Nelson ORDINANCE ##156 Pursuant to Council Directive, Ordinance No. 156, "AN ORDINANCE OF THE CITY Abandonment OF COSTA MESA DECLARING ITS INTENTION TO ORDER THE VACATION OF A RIGHT OF (lit Reading) WAY FOR THE OPENING OF A PORTION OF ADAMS AVENUE IN THE CITY OF COSTA MESA," was introduced by C. Meyers. Following full reading of the Ordinance, sec- tion by section, C. Smith moved that this constitute the first reading of Ordinance No. 156. The motion was seconded by C. Pinkley, and carried by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers NOES: Councilmen - None ABSENT:. Councilmen - Nelson The hearing was set for Monday, March 4, 1957, at 7:30 p.m. Grant Deed for The Grant Deed for the Fire Station Site on Rochester Street was presented Fire Station for acceptance. Thereupon C. Smith moved the adoption of Resolution No. 314, t1A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ACCEPTING A DEED RESOLUTION FROM THE COUNTY OF ORANGE OF A FIRE STATION." The motion was seconded by C. #314 Pinkley, and Resolution No. 314 was adopted by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers NOES: Councilmen - None ABSENT: Councilmen - Nelson Wallace Ave. A right of way deed for the opening of a portion of Wallace Avenue was pre- R/W Deed sented for acceptance. Thereupon C., Pinkley moved the adoption of Resolu- tion No. 315, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA .MESA RESOLUTION ACCEPTING DEED OF RIGHT OF WAY TO A PORTION OF WA LIACE AVENUE IN THE CITY OF ##315 COSTA MESA." The motion was seconded by C. Meyers, and Resolution No. 315 was adopted by the following roll call vote: - ote:AYES: AYES :Councilmen - Martin, Pinkley, Smith, Meyers NOES: Councilmen - None `'J ABSENT: Councilman - Nelson X26 Tract #612, R/U Deeds (Sub.App. #87) RESOLUTION #316 Certain rights of way deeds were presented for acceptance relative to Sub- division Application No. 87 submitted in the name of E. H. von Ehrenberg and approved May 21, 1956, wherein the applicant was required to dedicate 10' and 20' for right of way purposes. Thereupon C. Meyers moved the adop- tion of Resolution No. 316, 11A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ACCEPTING DEEDS OF RIGHT OF WAY OVER LOTS 21 AND 22 OF BLOCK licit, TRACT #612, IN THE CITY OF COSTA MESA." The motion was seconded by C. Pinkley, and Resolution No. 316 was adopted by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers, NOES: Councilmen - None ABSENT: Councilmen - Nelson Eng. Proposal The Deputy Clerk read a proposal submitted by Laurence J. Thompson, Assess - W. 19th Street ment Engineer, 100 Highland Avenue, Manhattan Beach, to render certain special assessment engineering services in connection with the 19th Street Improvement District, etc. Upon motion by C. Smith, seconded by C. Meyers, and unanimously carried, the City was authorized to execute the agreement and the City Engineer was authorized to sign the agreement on behalf of the 'City. - W. 19th Street Upon recommendation of the City Attorney, C. Smith moved the adoption of Imp. District Resolution -No. 317, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA DETERMINING TIE NATURE, LOCATION AND EXTENT OF THE IMPROVMENT KNOWN RESOLUTION x#317 AND DESIGNATED AS WEST NINETEENTH STREET AND CERTAIN OTHER STREETS: DEFIN- ING THE BOUNDARIES OF THE DISTRICT TO BE SPECIALLY ASSESSED: -DETERMINING THE AMOUNT OF CONTRIBUTION TO THE COST OF THE IMPROVEMENT: DETERMINING THE L0UNDER WHICH THE PROCEEDINGS ARE TO BE CONDUCTED: AND INSTRUCTING THE CITY ENGINEER TO PROCURE THE REQUIRED INFORMATION AND PREPARE A ?�IRITTEN REPORT." The motion was seconded by C. Meyers, and Resolution No. 317 was adopted by the following roll.call vote: AYES: Councilmen --Martin, Pinkley, Smith, Meyers NOES: Councilmen - None ABSENT: Councilmen - Nelson Civil Defense A Civil Defense Operational Plan was presented for acceptance by the City, Operational Plan which plan is for the purpose of minimizing the loss of life and property if disaster should strike, the plan to be placed in effect immediately upon the existence of a state of.extreme emergency in the State, or in case of local disaster by action of the local government. Thereupon C. Pinkley RESOLUTION #318 moved the adoption of Resolution No. 318, "A RESOLUTION OF THE CITY COUN- CIL, CITY OF COSTA MESA, APPROVING THE CIVIL DEFENSE OPERATIONAL PLAN." The motion was seconded by C. Meyers, and Resolution No. 318 was adopted by the following roll call vote: AYES: Councilmen - Martin, Pinkley; Smith, Meyers NOES: Councilmen - None ABSENT: Councilmen - Nelson Bond Release Upon recommendation of the City IEngineer, and upon motion by C. Pinkley, TRACT #2993 seconded by C. Smith, and unanimously carried,.the Council accepted the improvements in Tract #2993, which have been completed in accordance with plans and specifications, and ordered the bond exonerated.. Stone & Youngberg Upon motion by C. Pinkley, seconded by C. Meyers, and unanimously carried, Employed the contract for the employment of Stone & Youngberg as financing consult- ants on the water development program for the City of Costa Mesa, was approved, and the Mayor and City Clerk authorized to sign the employment contract on behalf of the City. Renei,a.l Request Upon motion by C. Pinkley, seconded by C. Meyers, and unanimously carried, Variance ;;152 the written request of Rick Thunstrom, 1825 Placentia Avenue, for the renewal of Variance No. 152, which expired September 19, 1956, was referred to the Planning Commission for action. 1 1 Tentative Map Tentative Map of Tract No. 3185, submitted in the name of Hunny Investment TRACT #3185 Company, 9026 E. Las Tunas Drive, Temple City, for the division of 15.5 acres (Hunnyy Inv.Co.) south of Wilson Street and west of Monrovia Avenue into 73 lots, was pre- sented for approval. Oliver George, 2258 Newport Boulevard, one of the sellers, was present to answer questions posed by the Council. After discussion, C. Smith moved that Tentative Map of Tract No. 3185 be approved, 527 subject to the recommendations of the City Engineer and the Planning Commission, on file in the office of the City Clerk. Tentative Map Tentative flap of Tract No. 3190, submitted in the name of Number Seven TRACT #3190 Anorco Corporation, 1892 Harbor Boulevard, for the division of L-5 acres (Number Seven north of Wilson Street on either side of Meyer Place, into 18 lots, was pre- Anorco Corp.) sented for approval. Mr. Halderman of Jennings-Halderman, Inc., engineers, and Mr. lKatson, developer, were present to seek{approval of the Tract. The issue involved in the discussion was the City Engineer's recommendation that approval be withheld until the North Costa Mesa Storm Drain is construc- ted. After discussion, it was moved by C. Smith, seconded by C. Meyers, and unanimously carried, that action be delayed until the next regular meeting. Tentative Map Tentative Map of Tract No. 3191, submitted in the name of Number 'Seven TRACT #3191 Anorco Corporation, 1892 Harbor'Boulevard, for the division of 3.8 acres (Number Seven north of Wilson Street on either side of Myran'Place, into 20 lots, was Anorco Corp.) presented for approval. .After discussion with I✓Ir. Halderman and Mr. Watson, and upon motion by C. 'Smith, seconded by C. Meyers, and unanimously carried, action was delayed until the next regular meeting, the same drainage problem existing as in Tract #3190. Purchase of Upon motion by C. Meyers, seconded by C. Pinkley, the City Manager was autho- Dump Truck rized to purchase a used 1 -ton dump truck from Theo. Robins"at--a:.price of $$2,600, plus sales tax, including a new paint job and'new.spare tire, by the following roll call vote: AYES: Councilmen = Martin, Pinkley, Smith, Meyers NOES: Councilmen - None ABSENT: Councilmen - Nelson Bids on Skip Upon motion by C. Pinkley, seconded by C. Meyers, and unanimously carried, Loader the City Manager was authorized to call for bids on..a_ skip loader -for the Street Department. Variance #300 Variance Application #300 was submitted in the name of K. GT. Koll, 2826 New - (K. W. Koll) port Boulevard, Newport Beach, requesting location of a sign to advertise the sale of homes in Tract #23.8, an R1 zone. Upon motion by C. Pinkley, seconded by C. Meyers, and unanimously carried, Variance Application #300 was approved in accordance frith the recommendations of the Planning Commis- sion, on file in the office of the City Clerk. Variance #301 Variance Application #301 was submitted in the name of K. W. Koll, 2826 New - (K. W. Koll) port Boulevard, Newport Beach, for the erection of a temporary sign adver- tising apartments for sale and rent on the premises for a period of one year or until all are sold or rented, in Tract #2251, an R4 zone. Upon recom- mendation of the Planning Commission, and upon motion by C. Pinkley, second- ed by C. Meyers, and unanimously carried, Variance Application No. 301 was approved. Variance #302 Variance Application #302 was submitted in the name of Mike Dmytrowetz, (,nytrowetz) 396 Bay `Street, requesting permission for a home occupation to sharpen lawn- mowers, etc., and incidental light welding, using 1/3 h.p. motor, at the above address, an R4 zone. Upon motion by C. Meyers, seconded by C. 'Smith, and unanimously carried, Variance Application #302 was approved in accord- ance Frith the recommendation of the Planning Commission, providing the operation ceases between the hours of 7:00 p.m. and 8:•00 a.m. Variance ,'#303 Variance Application #303 was submitted in the name of Smith Brothers Com - (Smith Bros.) pany, P.O. Box 7, requesting a rear yard setback to Of at 1658 Superior Ave., an M1 zone. Upon recommendation of the Planning Commission, and upon motion by C. Pinkley, seconded by C. Meyers, and carried, Variance Application #303 was approved. (C. Smith abstained) Variance #304 Variance Application #304 was submitted in the name of The Monticello Cor - (Monticello) poration, P. 0. Box 101, to permit the construction of the new Alpha Beta Market and adjoining expansion store building located east of 233 E® 17th Street. Walter Burroughs was present and addressed the Council. Upon recom- mendation of the Planning Commission, and upon motion by C. Smith, seconded by C. Pinkley, and unanimously carried, Variance Application #304 was approved. PERMITS A communication was submitted in the name of Herman R. Tate, Yellow Cab and Mesa Cab Company of Newport Beach and Costa Mesa, respectively, requesting the Council to grant Driver Permits to Thomas Madera and Willis Graham. Mr. Tate was present and requested that the name of dillis Graham be drop- ped. Upon motion by C. Pinkley, seconded by C. Martin, the request was referred to the Chief of Police for recommendation by the following roll call voter AYES: Councilmen - Martin, Pinkley, Smith, Meyers NOES: Councilmen - None ABSENT: Councilmen - Nelson WR -103 Warrant Resolution No. WR -103, including Payroll No. 61, was presented for ° approval. On motion by C. Pinkley, seconded by C. Meyers, Warrant Resolu- tion No. 103 was adopted by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers NOES: Councilmen - None ABSENT: Councilmen - Nelson Adjournment Upon,motion by C. Smith, seconded by C. Pinkley, and unanimously carried, the meeting was adjourned at 9-30 P.M. AMayor ?ol4te i y of Costa Mesa ATTES _ a ��v ✓� V City Clerk of the City 6f Costa Mesa By C Q- / Deputy / 1 1