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HomeMy WebLinkAbout07/15/1957 - City Council611 W4UIAR MEETING OF THE CITY.COUNCIL CITY OF COSTA MESA July 15, 1957 The City Council of the City of Costa Mesa, California met in regular session at 7;30 p.m., July 15, 1957, at the Newport Justice Court, 567 West 18th Street, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag and invocation by Reverend Chandler Jackson. ROLL CALL Councilmen Present: J. Smith, B. Smith, Pinkley, Meyers, Nelson Councilmen Absent:- None Officials Present: City Clerk, Deputy City Clerk, City Attorney, City 1ngineer, Director of Finance, City Treasurer Minutes The minutes of the meeting of Jul 8, 1957, having been distributed to the Councilmen prior to the meeting, were approved on motion by Councilman B. .Smith, seconded by Councilman Pinkley, and carried. OPENDID OF BIDS The Mayor announced that the hour of 7:30 o'clock P.M. having arrived, 'W. 19th Street this wasl,the time and place fixed by the City Council of the City of Improvement Costa Mesa for the opening of bids pursuant to Notice Inviting Bids for District the construction of said improvements in West 19th Street and certain other streets and easements as set forth in Resolution of Intention No. 364. The Clerk reported that five (5) bids had been received. The bids were then publicly opened, read, examined and declared as follows: Name of Bidder Total estimated amount of bids M. ri1 er o., . 9 Griffith Co. 377,663.95 Sully -Miller Construction Co. 349,323.48 Cox Bros. 'Construction Co. 111,080.98 R. J. Noble Co. 3943760.69 Reference is hereby made to the bids on file with the City Clerk for all details as to unit prices and kind and class of work to be done. On motion duly made and unanimously carried the bids were referred to the City Engineer for checking and report. The City Engineer reported that he had tabulated the bids received for the construction of certain improvements -pursuant to Resolution of Intention No. 364 and advised the City Council that the bid of Sull,y,- Miller Construction Co. is the lowest -regular bid submitted for said improvement and is reasonable and within the estimate made for said work. Resolution No. 386 Whereupon Councilman B. Smith moved the adoption of Resolution Award of Contract No. 386, awarding the contract to Sully -Miller Construction Co. at the to Sully -Miller price named in said bid, said bid being the lowest regular bid submitted for said improvement. The motion was seconded by Councilman Meyers, and adopted by the following roll call vote: AYES: Councilmen J. Smith, B. Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None OPENING OF BIDS The Mayor announced that this was also the time and place fixed by the Resurfacing of City Council of the City of Costa Mesa for the opening of bids pursuant Harbor Blvd. to Notice Inviting Bids for the Surfacing of Harbor Boulevard from 19th Street to Wilson Street. Name of Bidder Total estimated amount of bids Sully -Mil er Cons ruction Co. , .3 R. J. Noble 135162.50 Reference is hereby made to the bids on file with the City Clerk for all details as to unit prices and kind and class of work to be done. The City Engineer advised the City Council that the bid of Sully - Miller Construction Co. is the lowest regular bid submitted for said work and is reasonable and within the estimate made for said work. Bid Awarded Whereupon Councilman B. Smith moved that the contract be Sully -Miller awarded to Sully -Miller Construction Co., and the Mayor and City Clerk be authorized to sign said contract in behalf of the City. The motion was seconded by Councilman Meyers and carried by the following roll call vote: AYES: Councilmen B. Smith, J. Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None PUBLIC HEARING The Mayor announced that this was also the time and place fixed by this Petition #30 City Council for public hearing on Rezone PetitionNo. 30, being the Newport Balboa petition of Newport Balboa Savings & Loan, 3366 ilia Lido, Newport Savings & Loan Beach to rezone property fronting on the North side of Baker Avenue, to Cl -S between Fairview Road and Babb Avenue from RJB to Cl -S. The Deputy Clerk read the recommendations of.the Planning Commission to approve = said petition. There being no written communications and no one from the audience wishing to speak it was moved by Councilman Pinkley, seconded by Council- man Meyers and unanimously carried that the, hearing be closed, and the Petition be approved. ORDINANCE No. 172 Ordinance No. 172, being AN ORDINANCE AMENDING SECTION 3.2 OF to Cl -S ARTICLE III OFORDINANCE NO. 32 OF THE CITY OF COSTA MESA, CALIFORNIA, ENTITLED "AN ORDINANCE OF THE CITY OF COSTA MESA ISTABLISHING.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 ORDINANCE, PROVIDING. FOR THE ADJUSTMENT, ENFORCM4?ENT AND AMENDMENT HEREOF PRE- SCRIBING PENALTIES FOR VIOLATION HEREOF, AND REPEALING ORDINANCES AND PARTS OF ORDINANCES INCONSISTENT AND IN CONFLICT HERPWITH, was presented changing the zoning of the property in question to C1 -S, and on motion by Councilman Smith, seconded by Councilman Pinkley, Ordinance No.,172 was given first reading and passed to second reading by the following roll call vote: AYES: Councilman B. Smith; J. Smith, Pinkley, Meyers, Nelson NOES. Councilmen - None ABSENT: Councilmen - None PUBLIC HEARING The Mayor announced that this was also the time and place fixed by Petition No. 33 this City Council for public hearing on Rezone Petition No. 33 being James Rimpau to the petition initiated by the Planning Commission for James A. Rimpau, C1 -'S 1643 No. Orange Avenue, Hollywood 46, California,. to rezone the Westerly 229.33' of Lot 2 and the East.one-half of Lot 3, Berry Tract, from R1. to Cl S. The Deputy Clerk read the recommendations of the Planning Commission to approve said petition. There being no written communications and no one from the audience wishing to speak -it was moved by Councilman Pinkley, seconded by Councilman Meyers and unanimously_ carried that the hearing be closed, and the Petition be approved. Ordinance No. 173 Ordinance No. 173, being AN ORDINANCE AMENDING SECTION 3.2 OF. to Cl -S ARTICLE III OF ORDINANCE NO. 32 OF THE CITY OF COSTA MESA CALIFORNIA, ENTITLED "AN ORDINANCE OF THE CITY OF COSTA MESA ESTABLISHING LAND CIASSIFICATIONS IN DISTRICTS WITHIN THE INCORPORATED TERRITORY OF THE CITY OF COSTA AND REGUTATING THE USES OF PROPERTY THEREIN, ADOPTING A MAP OF SAID DISTRICTS, DEFINING THE TERMS USED IN THIS ORDINANCE,. v PROVIDING FOR THE ADJUSTMENT, ENFORCEMENT AND AMENDMENT HEREOF PRE- SCRIBING PENALTIES FOR VIOLATION HEREOF, AND REPEALING ORDINANCES AND PARTS OF ORDINANCES INCONSISTENT AND IN CONFLICT HERWITH, was presented changing the zoning of the property in question to Cl -S, and on motion by Councilman Smith, seconded by Councilman Meyers, Ordinance No-. 173 was given first reading and passed to second reading by the following roll call vote: AYES: Councilmen B. .Smith, J,, Smith., Pinkley, i�1:_eyers, Nelson NOES: Councilmen - None ABSENT. Councilmen - None PUBLIC HEARING The Mayor announced that this was also the time and place fixed by this Petition No. 31 City Council for public hearing on Rezone Petition No. 31, being the Alfred R. Lorenz petition of Alfred R. Lorenz and Wizard Boats, Inc. 2065-2077 Charle St. & Wizard Boats to rezone a portion of Lot 20, Fairview Farms Tract from R4 to C2. The Deputy Clerk read the recommendations of the Planning Commission for denial as follows: 1. This is spot rezoning. 2. There is a question here as to whether or not one of the applicants, namely Wizard Boats, Inc. is legal in its use. 3. Rather than have spot rezoning, the people in this area should have the opportunity to decide what should go in here, residential or commercial. 613 The following spoke from the floor, opposing the change in zoning: B. C. Olsen, Harry Osborne; Hazel Scott, Glenn Graybach, Mr. LaBoie. A petition bearing "::thirty signatures opposing the change in zoning, was presented. Mr. Pete Geddes speaking from the floor urged that the change be granted and presented a petition bearing the signatures of 14 owners of property on Charle Street in support of his request. After discussion, on motion by Councilman Pinkley, seconded by Councilman B. Smith, and unanimously carried the hearing was continued to the next regular meeting, August 5, 1957, and the City Attorney and Planning Technician instructed to secure the necessary information regarding existing -variances for said property, and report back. PUBLIC HEARING The Mayor announced that this was also the time and place fixed by this Precise Pla4 City Council for public hearing on a Precise Plan to extend Senate and Senate & CapitalPapital Streets between Tracts 3185.and 3143, South of Wilson Streets IThere being no written communications and no one from the audience wishing to speak it was moved by Councilman Pinkley, seconded by Councilman J. Smith, and unanimously carried that the hearing be closed, and Precise Plan approved. Resolution No. 380 Whereupon Councilman Pinkley moved the adoption of Resolution No. 380, ADOPTING A PRECISE PLAN FOR THE EXTENSION OF SENATE AND CAPITAL STREETS. The motion was seconded by Councilman J. Smith, and adopted by the following roll call vote.- AYES: ote.AYES: Councilmen J. Smith, B. Smith, Meyers, Pinkley, Nelson NOES: Councilmen - None ABSENT. Councilmen - None Oral Communica- The Mayor stated that at this time the Council would hear oral communica- tions tions. No one responded and the Mayor called for.written communications. Written Communi- Letter of resignation from Vehicle Parking District No. 2 for personal. cations health reasons from William B. Brown was read. Upon motion by Council- man Pinkley, seconded by Councilman J. Smith, and unanimously carried the resignation was accepted with regret and the City Clerk ordered to write a letter to Mr. Brown expressing appreciation of his services. The reports of the Director of Finance and City Treasurer were presented, and on motion .by Councilman Pinkley, seconded by Councilman B. Smith, and unanimously carried were accepted and ordered filed. Resolution No.381 Resolution No. 381, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY Deeds of Right of OF COSTA MESA ACCEPTING CERTAIN DEEDS OF RIGHT OF WAY IN 16TH -PLACE, Way for Z. 17th WESTMINSTER STREET AND KNOX PLACE IN THE CITY OF COSTA MESA, all in St. Improvement connection with the proposed E. 17th Street Improvement District, was District. presented. On motion by Councilman B. 'Smith, seconded by Councilman Meyers, Resolution No 381 was adopted by the following roll call vote: AYES; Councilmen J. Smith, B. Smith, Meyers, Pinkley, Nelson NOES: Councilmen - None ABSENT:- Councilmen - None Tentative Tract Tentative Tract Map No. 3287 in the name of George Buccola, 3404 Via Map N6.-3287 Lido, Newport Beach, for the subidivision of property between Plumer and .Center, East of Pomona, into'24 lots was presented. On motion by Councilman B. :Smith, seconded by Councilman Meyers, and -carried, Tenta- tive Tract Map No. 3287 was approved subject to all of the conditions as set forth by the City Engineer in his letter of June 24, 1957. Resolution No. 382 The City Engineer presented to the Council plans and specifications for Adopt plans on E. the Improvement of "East 17th Street and certain other streets and alleys 17th Street Improve- in said City. After full discussion, Resolution No. 382 being A RESO- ment District LUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPT- ING PIANS, DRAWINGS, SPECIFICATIONS AND MAP OF ASSESSMENT DISTRICT N0. 6 IN TIM MATTER OF THE IMPROVEMENT OF EAST- 17TH STREET AND CERTAIN OTHER STI =, S AND ALLEYS (ASSESSMENT DISTRICT N0. 6) IN SAID CITY was presented. On motion by Councilman Pinkley, seconded by Councilman Meyers, Reso lution No. 382 was adapted by the following roll call vote: AYES: Councilmen J. Smith, B. Smith, Meyers, Pinkley, Nelson NOES: Councilmen - None ABSENT: Councilmen - None 4 Resolution No. 383 Resolution No. 383, being a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, COVERING PRELIMINARY DETERMINATION OF.THE LEGISLATIVE BODY UNDER "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY.PROTEST ACT OF 1931", DETEMINING THE GENERAL; NATURE, . LOCATION AND -EXTENT OF THE PROPOSED WORK, AND ORDERING THE PREPARATION OF A REPORT OF SAID IMPROVEMENT, IN THE MATTER OF THE IMPROVEMENT OF EAST 17TH STREET AND CERTAIN OTHER STREETS AND ALLEYS IN SAID CITY, was then presented by the City Attorney.' On motion by Councilman B. .Smith, seconded by Councilman Pinkley, Resolution No. 383 was adopted by the following roll call vote.- AYES: ote:AYES: Councilmen B. Smith, J. Smith, Pinkley, Meyers, Nelson NOES.- 'Councilmen - None ABSENT:. Councilmen - None Resolution No 384 Resolution No. 384, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA., REQUESTING THE NugpoRT HEIGHTS IRRIGATION .DISTRICT TO FURNISH.THE_CITY COUNCIL OF THE CITY,OF COSTA MESA PLANS AND SPECI- FICATIONS FOR ADEQUATE AND APPROPRIATE WATER SERVICE HOUSE CONNECTIONS AND FIRE HYDRANTS AND OTHER.APPURTENANCES NECESSARY FOR THE DISTRIBUTION OF DOMESTIC WATER SUPPLY IN THE IMPROVEMENT KNOWN AND DESIGNATED AS "EAST 17TH STREET AND CERTAIN OTHER STREETS AND ALLEYS" IN THE CITY .OF COSTA MESA, was presented. On motion by Councilman Meyers, seconded by Councilman J. Smith, Resolution No. 384 was adopted by the following roll call voter AYES: Councilmen B. Smith, J. Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT:, Coiincilmen - . None.. Variance No. 357A Variance Application No. 357A, being the application of William E. lib. YE. Kempton Kempton for.01 setback for front and rear of lots in Tract 3229, having been referred to the City Attorney.at the previous meeting, was again presented. The City Attorney reported that he had.conferred with representatives of -the applicant and was satisfied that adequate parking¢ space.would be provided under the terms of a mutual agreement between the applicant and the Griffith Co. Councilman B. Smith moved that the vari- ance application be approved upon receipt by the City of satisfactory documentary evidence from the owners of the mutual parking area as- suring the availability of at least one-third of the mutual parking area as shown on a map attached to and made a part of the variance application, for a period of'at least 25 years.. The motion was seconded by Councilman Pinkley, and carried. Variance No. 358 Variance Application No. 358, being the application of George Buccola George Buccola for- 1) three units per lot, 2) front yard encroachment to 451 of _ centerline of Pomona and Center Streets,.3) rear yard encroachment to 141 of centerline of alley, 4)' to provide five off-street parking per three units was presented. Councilman Pinkley moved that the application be granted subject to the above stipulations with the additional stipu- lation that there shall be not less than six useable parking spaces per three units. The motion was seconded by Councilman J. Smith, and carried. Variance No. -360 Va2.1ance Application No. 360, being the application of Bay Trailer Sales Bay Trailer Sales for use of house trailer for night watchman and servicing of trailers in connection with trailer sales and service at 2672 Newport Blvd. was presented, having been approved by the Planning Commission was granted for a period of one year upon motion by Councilman'Meyers, seconded by Councilman B. Smith,., and carried. Variance No. 361 Variance Application No. 361,.being the application of Goode Oil Company Goode Oil Co. for rear yard setback of 13 feet at 1936 Harbor Boulevard for a service station was presented. On motion by Councilman Pinkley, seconded by Councilman J. Smith and carried the.council concurred with'_the Planning Commission in granting the variance. Ordinance No. 174 Ordinance No. 174 being, AN_ORDINANCE OF TEE CITY OF COSTA MESA, CALI- Cl-S Zone FORNIA, AMENDING ORDINANCE NO. 32, ENTITLED " AN ORDINANCE OF THE CITY First Reading OF COSTA MASA, 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 STREETS, DEFINING THE TERMS USED IN THIS ORDINANCE, PROVIDING FOR THE ADJUSTMENT, ENFORCE- MENT AND AMENDMENT HEREOF, PRESCRIBING PENALTIES FOR VIOLATION HEREOF, AND REPEALING ORDINANCES AND PARTS OF ORDINANCES INCONSISTiENT AND IN CONFLICT HEREWITH AND ESTABLISHING A C1 -S DISTRICT, was presented for first reading. On motion by Councilman B. Smith, seconded by Councilman Pinkley, Ordinance No. 174 was passed to second reading by the following roll call vote: r 611`5 AYES: Councilmen Pinkley, Meyers, J. Smith, B, Smith, Nelson NOES: Councilmen - None ABSENT: Councilmen - None PERMITS The application of David James Gardner for permit to operate Harbor Ambulance Service at 2028 Newport Boulevard, having been supported by the required insurance'coverage and qualifications, was granted on motion by Councilman PYnkley,,seconded by Councilman J. Smith, and carried. The application of the Jolly Junkers for license to operate a second- hand antique shop at 1860 Newport Boulevard, in the name of Mrs. F. Warren, G. Gentleman, and Wm. Brown was granted on motion by Council- man B. Smith, and seconded by Councilman Meyers, and carried with the stipulation that outdoor display of merchandise would-be cause for =- revocation of license. The applicationoof Hal Zeiger dba-World Wide Attractions for a permit to conduct a public dance hall in the commercial building at the Orange County Fairgrounds was granted on motion by Councilman B. Smith,'seconded by Councilman Pinkley., and carried with.the stipulation that the dances be limited to one a week, and that the license be subject to review by the Chief of Police and revocable at ary time, and the further stipulation that the Chief of Police be notified in advance whenever a dance is to be held. WR -117 Warrant Resolution No. 7WR 117 including Payroll No. 73 was adopted on motion by Councilman Pinkley, seconded by Councilman Meyers and carried by the following roll call vote: AYES: Councilmen J. Smith., Pinkley, Meyers, Nelson NOES: Councilman B. Smith ABSENT: Councilmen - None Removal of earth The City Manager requested authority to extend $2,200.00 for the and grading author- removal of dirt and grading in a portion of Vehicle Parking District ized in Vehicle No. 2. This $2p200.00 to be extended as a loan to the District to Parking District 2 be repaid then;=District=,fiznds are available. On motion by Council- man B. Smith., seconded by Councilman Meyers and carried by the follow- ing roll call vote- AYES: ote; A .YES: Councilmen J. Smith, B. Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Resolution 385 Resolution No. 385, being, A RESOLUTION OF THE CITY COUNCIL OF THE CITY Establishing Fund OF COSTA MESA ESTABLISHING A FUND TO BE KNOWN AND DESIGNATED AS VEHICLE Vehicle Parking 2 PARKING DISTRICT NO. 2 OPERATING FUND, was adopted on motion by Council- man B. Smith, seconded by Councilman Pinkley, and carried by the follow- ing roll call vote; AYES: Councilmen J. Smith, B. Smith, Pinkley, Meyers, Nelson NOES: Councilman - None ABSENT: Councilmen - None Public Hearing set On motion by Councilman Pinkley, seconded by Councilman Meyers, and for Master Plan carried a public hearing was set for the Proposed Master Plan on August 19, 1957 at 7:30 p.m. in the Council Chambers. City Attorney to At the request of Wayne Dutro, representing the Veterans of Foreign present Ordinance Wars, the City Attorney was instructed to present an Ordinance prohibiting on sale of Fire- the sale of fireworks in the City of Costa Mesa for consideration at works the adjourned meeting July 22, 1957. Motion was made by Councilman B. Smith, seconded by Councilman Meyers, and carried. Upon motion by Councilman B. Smith, seconded by Councilman Meyers, and unanimously carried the meeting was adjourned at 9:45 p.m. to July 22, 19571. at the hour of 7:30.otclock p.m. Mayor oa4p of Cibsta. Mesa ATTEST: 4e, I i":.0 City. -Clerk of the City o703M Mesa BY Deputy