Loading...
HomeMy WebLinkAbout10/07/1957 - City Council651 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA October 7, 1957 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 p.m., October 7, 1957, at the Newport Beach 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 In- vocation by Reverend C. E. Thrumond. Roll Call Councilmen Present: J. Smith, B. Smith, Pinkley, Nelson Councilmen Absent: Meyers Officials Present: Assistant City Manager, Deputy City Clerk, Director of Finance, City Attorney, Assistant City Engineer, Planning Commissioner Martin Minutes The minutes of the meeting of September 16, having been distributed to the Council prior to the meeting, were approved on motion by Councilman J. Smith, seconded by Councilman B. Smith, and carried. Oral Communi- The Mayor announced that the Coucil would now hear from anyone present cations who wished to speak on matters not on the agenda. Mr. Leland Edwards protested the manner in which the Dog Ordinance is being enforced and also protested the use of bumper strips for the past Bond Election on City -owned vehicles. Written Communi-. A petition protesting the actions of C. S. Ward; 2338 tf6stminster Ave. cations on his hatred of dogs was read. Said petition was signed by ten neigh- bors, Upon motion by Councilman Pinkley, seconded by Councilman B. 'Smith, and carried, the petition was ordered filed. A communication was read from the `Southern California Edison Company requesting permissionto remove trees on 1) Placentia St, east side, North of Center Street (2 palms) 2) Cabrillo St., North side, East of Newport Blvd. (6 palms) that have grown into the utility lines. Upon motion by Councilman Pinkley, seconded by Councilman J. Smith, permission was granted providing trees are on City right-of-way. A Claim for Damges for Josephine M. Reilly againstthe City of Costa Mesa and Bill Anderson, for damages to her automobile by the Street Sweeper was read. Upon motion by Councilman B. Smith,.seconded by Councilman Pinkley, and carried the claim was rejected and ordered referred to the city insurance agent. A communication was read from Mr. and Mrs. W. U. walker requesting refund of $50.00 for a house moving permit which had previously been denied by the Council. The Building Official recommended no refund as the application had been processed and public hearings held. Upon motion by Councilman B. Smith, seconded by Councilman J. Smith, and carried, the refund was denied. A communication was read from Van Diest Brothers, requestipg refund of Street Permit No. 2193 for 2045 Irvine St, which is outside the City. The Street Foreman recommends the refund. Upon motion by Councilman B. Smith,seconded by Councilman Pinkley a refund of $18.00 was granted by the following roll call vote: AYES: Councilmen B.Smith, J. Smith, Pinkley, Nelson NOES: Councilmen - None ABSENT: Councilman Meyers A communication requesting refund of $3.50 for PlumbingPermit #11159 was read from Gillman Plumbing Co. Upon recommendation of the Building Official, it was moved by Councilman Pinkley, seconded by Councilman J. 'Smith that a refund of 85% - $2.98 be granted, was carried by the following roll call vote: AYES: Councilmen B. Smith, J-. Smith, Pinkley, Nelson NOES: CoAncilmen - None _ ABSENT: Councilman Meyers The City.Attorney informed the Council that inasmuch as said permit was issued outside the City, and was an error on the Citys part, that full refund could be granted. Thereupon Councilman Pinkley moved that full refund of 93.50 be granted Gillman Plumbing. The motion was seconded by Councilman B. Smith, and carried by the following roll call vote: AYES: Councilmen B.Smith, J. Smith, Pinkley, Nelson NOES: Councilmen - None ABSENT: Councilman Meyers Upon motion by Councilman B.Smith, seconded by Councilman J. Smith, and carried, the following departmental reports were received and ordered _filed: Building, Police, Poundmaster, Street, Fire, Planning, Civil Defense. Upon motion by Councilman B. Smith, seconded by Councilman J. Smith, and carried, the repbrtiof four.. 14)r�free_ permits::issued:: n,-Septeniber: was ordered filed. Agreement with The Assistant City Manager presented.aproposed agreement with Dike and Dike and Colegrove Colegrove Co*:., owner.of an 8" water line on Fairview Road, to transfer on Water line said line to the City upon the first of the following - a) Payment to Dike and Colegrove of $5,366.84 by future subdividers, or b) lapse of five years from date of agreement. After discussion, Mr. Twitchell of Dike -and Colegrove, requested that this agreement be for: -:ten years instead of five. He was informed that no repairs could be made by the city until the city owned the line, and the Assistant City Manager stated that if after five years, Dike and Colegrove has not had anyone else connect to the line, it might be possible to request an extension of time. Upon motion by Councilman B. Smith, seconded by Councilman J. Smith, and carried,- the agreement was accepted and the Mayor and City= Clerk authorized to sign on behalf of the City. 5School/City/ The City Attorney presented a joint powers agreement proposal between Dike and Colegrove the City, the School District, and Dike and Colegrove for the use of water Joint Powers Agree- lines under which the City could have a joint powers agreement with the ment School District, and as intermediary an agreement with Dike and Cole - grove. Upon motion by Councilman B..Smith, seconded by Councilman J. 'Smith, and carried, the City Attorney was authorized to draft the agree- ment. Ordinance No. 184 The City Attorney presented the proposed ordinance regulating the posting Variance Notices of Variance notices. After reading in full, it was moved by Councilman Pinkley, seconded by Councilman J. Smith that Ordinance No. 184, beign AN ORDINANCE OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING ORDINANCE NO. 32 TO PROVIDE FOR NOTICE ON VARIANCE APPLICATIONS was passed to second reading. The motion was carried by the following roll call vote: AYES: Councilmen J. Smith, B. Smith, Pinkley, Nelson NOES: Councilmen ::None ABSENT: Councilman Meyers Ordinance No. 185 Ordinance No. 185 was presented and read in full by the City Attorney Change in Pay for fixing compensation of the Planning Commission members to $5.00 for Planning Commission each meeting, including executive sessions, with a maximum of five meet- ings per month. Councilman J. Smith stated that this was being done so that more study could -be given to Variances. Upon motion by Council- man Pinkley, seconded by Councilman B. Smith, Ordinance No. 185 being - an ORDINANCE OF THE CITY OF COSTA MESA AMENDING ORDINANCE NO. 22 BEING ENTITLED, "AN ORDINANCE OF THE CITY OF COSTA MESA ESTABLISHING A PLANNING`-' ®MMISSION FOR SAID CITY, AND ESTABLISHING.ITS POWERS AND DUTIES." was passed to second reading. The motion carried by the following roll call vote: AYES: Councilmen J. Smith, B. Smith, Pinkley, Nelson NOES: Councilmen - None ABSENT: Councilman Meyers Resolution No. 414 Resolution No. 414, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY Setting Public OF CO{STA MESA OF INTENTION ,TO ANNEX, AND GIVING NOTICE THEREOF, was Hearing for Wiade presented.- Upon motion by Councilman-Pinkley, seconded by Councilman Annexation B. `Smith, Resolution No. 414, setting November 18, 1957 for Public Hearing was adopted by the following roll call vote: AYES: Councilmen J. Smith, B. Smith, Pinkley, Nelson NOES: Councilmen - None..' ABSENT: Councilman Meyers Variance No. 385 Variance Application No. 385, being the application of Dennis Hogland, Dennis Hogland 1769 Newport Blvd. for a parking variance was read, and also the recom- mendation of the Planning Commission for denial. There being no one present wishing to speak, it was moved by Councilman F-inkley, seconded by Councilman J. Smith that the recommendation of the Planning Com- mission be upheld. The motion carried by the following roll call vote: AYES: Councilmen J. Smith, Nelson, Pinkley NOES: Councilman B. Smith ABSENT: Councilman Meyers 653 Variance No. 367' Variance Application No. 367, being the application of E. K. and Virginia E.K. & Virginia Stickney, having been deferred for applicant to present a new plot plan, Stickney was again presented. No plot plan having -been received, and Mr. and Mrs. Stickney not -being present, it was moved by Councilman B.Smith, seconded by Councilman Pinkley, and carried, that action be deferred to the next regular meeting. Variance No. 375 Variance Application No. 375, being the application of L. G. Nelson, L. G. Nelson approved on August 19, 1957, subject to execution of deed of 104 for alley purposes, was reviewed by the Planning Commission at Dr. Nelsons request, for waiver of the 104 right of way. The Planning Commission again recommended this 104 dedication if and when an alley goes through. On motion by Councilman B. Smith, seconded by Councilman J. Smith and carried that the action of the Planning Commission was upheld. The City Attorney informed the Council that they were reversing their original approval, inasmuch as they required the 104 dedication before the variance would become valid. Thereupon Councilman B. Smith moved,�seconded by Councilman Pinkley and carried thatthe previous motion be rescinded. After discussion it was moved by Councilman Pinkley, seconded by Councilman J. Smith and carried that the variance be granted on con- dition that the 104 be dedicated to the City. - AYES: Councilmen J. Smith, B. Smith, Pinkley, Nelson NOES: Councilmen - None ABSENT: Councilman Meyers Tentative Tract Tentative Tract Map No. 3297, in the name of Ben LaMotte was again No. 3297= presented. There having been no right of way received, and no one in the audience desiring to speak, it was moved by Councilman Pinkley, seconded by Councilman J. Smith, andccarried that action be deferred to the next regular meeting. Precise Plan Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, Fordham Drive and carried Public Hearing on the Fordham Drive Precise Plan was set for October 21, 1957 at the City Hall, 695 W. 19th 'St. at 7:30 p.m. or as soon thereafter as possible. Ordinance Ordinance'No. 182, being an ORDINANCE AMENDING SECTION 3.2 OF ARTICLE No. 182 III OF ORDINANCE NO. 32 OF THE CITY OF COSTA MESA, CALIFORNIA ENTITLED: Rezone petition 35 "AN ORDINANCE -OF THE CITY OF COSTA MESA, ESTABLISHING LAND -CLASSIFICATIONS Keith Rima IN DISTRICTS WITHIN THE INCORPORATED TERRITORY OF THE CITY OF CO -STA MESA (2nd reading) REGULATING THE USE OF PROPERTY THEREIN, ADOPTING A MAP OF SAID DISTRICTS, DEFINING THE TERMS USED IN THE ORDINANCE, PROVIDING FOR THE ADJUSTMENT, ENFORCEMENT AND AMENDMENT HEREOF, PRESCRIBING PENALTIES FOR VIOLATION HEREOF, AND REPEALING ORDINANCES AND PARTS OF ORDINANCES INCONSISTENT AND INCCONFLICT HEREWITH." was presented for second reading. On motion -by Councilman B. Smith, seconded by Councilman Pinkley, and carried, reading of the Ordinance was waived. On -motion by Councilman B. Sllith, seconded by Councilman Pinkley Ordinance No. 182 was adopted by the following roll call vote: AYES: Councilmen J. Smith, B. Smith, Pinkley, Nelson NOES:. Councilmen - None ABSENT: Councilman Meyers Ordinance No. 183 Ordinance No. 183, being AN ORDINANCE AMENDING SECTION 3.2 OF ARTICLE Rezone Petition 36 III OF ORDINANCE NO. 32 OF THE CITY OF COSTA MESA, CALIFORNIA ENTITLED: Killion -McClintock "AN ORDINANCE OF THE CITY OF COSTA MESA, ESTABLI`SHIM LAND CLASSIFICATIONS (2nd reading) IN DISTRICTS 14ITHIN THE INCORPORATED TERRITORY OF THE CITY OF COSTA MESA REGULATING THE USE OF PROPERTY THEREIN, ADOPTING A MAP OF `SAID DISTRICTS, DEFININP THE TERMS USED IN THE ORDINANCE, PROVIDING FOR THE ADJ`STMENT, ENFORCEMENT AND AMENDMENT HEREOF, PRESCRIBING PENSLTIES FOR VIOLATION HEREOF, AND REPEALING ORDINANCES AND PARTS OF ORDINANCES INCONSISTENT AND IN CONFLICT HEREWITH." was presented for second -reading. On motion by Councilman B. Smith, seconded by Councilman PInkley, and carried the reading of the Ordinance was waived. On motion by Councilman Pinkley, seconded by Councilman B. Smith Ordinance No. 183 was adopted by the following roll call vote: AYES: 'Councilmen J. Smith, B. Smith, Pinkley, Nelson NOES: Councilmen - None ABSENT: Councilman Meyers Rezone Petition 32. Rezone Petition No. 32, having been initiated by the Planning Commission Initiated by Plan- was set for Public Hearing on October 21 at the City Hall Council ning Commission Chambers, 695 W. 19th Street, Costa Mesa, at 7•:30 p.m. on motion by Councilman Pinkley, seconded by Councilman J. Smith, and carried. Resolution No. 113 Resolution No. 413, being a RESOLUTION OF THE CITY COUNCIL OF THE CITY Right of Way OF COSTA MESA ACCEPTING DEED OF RIGHT OF WAY FROM THE ESTATE OF FRED Fred Rush Estate :W. RUSH: T0> WIT: AN EASEMENT FOR STORM DRAIN PURPOSES, AND ORDERING SAID DEED TO BE RECORDED, was presented. On motion by Councilman B. Smith, seconded by Councilman Pinkley, Resolution No. 413, was adopted by the following roll call vote: AYES: Councilmen J. Smith, B.Smith, Pinkley, Nelson NOES: Councilmen - None ABSENT: Councilman Meyers Elmer Smith Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, Variance Suit _ and carried. the Council ratified the action of the City Attorney on behalf of the City and themselves in the suit of E. H. Von Ehrenberg on the Elmer "Smith Variance. Rezone Petition 38 On motion by Councilman Pinkley, seconded by Councilman J. Smith, and Geo. W. Powell carried the Rezone Petition of George W. Powell was referred to the Planning Commission for Public Hearing. Subdivision No. 166 Subdivision Application No. 166, being the application of Lillian and Lillian and Peter E. Peter-E. Rattinger to subdivide property between 1970 and 1982 Maple Rattinger Street ('South one acre of the West 1/2 of Lot 18, Fairview Farms) into four parcels, having two substandard lots on frontage, was presented, with the recommendation of the Planning Commission for approval on the condition that $sere be a dedication of ten (10) feet along Maple Street for street purposes. Upon motion by Councilman J. `Smith, seconded by Councilman Pinkley and carried, the action of the Planning Commission was upheld. Subdivision No. 167 Subdivision Application No. 167, being the application of Ferne Ham, 2162 Ferne Ham Maple Street to subdivide property at a62 Maple Street into two parcels, having one substandard lot, was presented, fifth the recommendation of the Planning Commission that there be a dedication of ten feet on Maple Street for steet purposes, and that Parcel 2 be tied to AP 115-090-07. Upon motion by Councilman B.Smith, seconded by Councilman J. Smith the subdivision was approved subject to the recommendations of the Planning Commission by the following roll call vote: AYES: Councilmen B. Smith, J. Smith, Nelson NOES: Councilman Pinkley ABSENT: Councilman Meyers Variance No. 387 Variance Application No. 387, being the application of Randall R. Randall R. McCardie McCarle5 2033 National Avenue for a variance to permit building three feet from the north property line, enabling the building of a 17 foot garage was read with the recommendation of the Planning Commission for approval. Upon motion by Councilman B. Smith, seconded by Councilmen J. Smith and carried, the action of the Planning Commission was uph'ald. Variance No. 388 Variance Application No. 388, being the application of Myron G. Offstein, Myron Offstein for a variance of 7r6" to build a home 101 from back property line or 1746}+ from center of alley, was presented.with the recommendation of the Planning Commission for approval. Upon motion by Councilman B. Smith, seconded by Councilman J. Smith, the action of the Planning Commission was upheld. Variance No. 389 Variance Application No. 389, being the application of Newporter,Inc. Newporter, Inc. 788 W. 16th St for a trailerresidence on plant property was presented with the recommendation of the Planning Commission for approval for a period of one year with the understanding that the trailer be con- nectedto sewer and other utilities, and applicant provide screening to hide the trailer from view on Placentia Ave. Upon motion by Council- man Pinkley, seconded by Councilman J. Smith, and carried, the variance was approved subject to the recommendations of the Planning Commission. 655 Variance No. 390 Variance Application No. 390, being the application of Hiroman and El- Hiroman and Elfriede friede Bits to permit construction of eight units on 15,985 square feet Bik of land area was presented with the recommendation of the Planning Com- mission for approval on condition that there be not less than fifteen (15) usable and marked off-street parking spaces; and there be an opening¢ on the property from Victoria Street as well as Thurin; and that there be a five foot dedication along Victoria for street purposes. Mr. Bik and Mr. Brennan, his agent were present and presented a new plot plan showing the fifteen parking spaces. On motion by Councilman B. Smith, seconded by Councilman J. Smith and carried the Council concurred with the recommendations of the Planning Commiaion. Variance Variance Application No. 391, being the application of John'M. Visscher No. 391 to permit construction of a three unit dwelling on a 60 x 1372 ft. lot John M. consisting of 8250 sq. ft. was presented together with the recommendation Visscher of the Planning Commission for approval. Upon motion by Councilman B. 'Smith,.seconded by Councilman Pinkley, and carried the variance was approved. PERMITS Application for Change -.of Address for Tom's Trading Post from 2015. Harbor Blvd. to 1893 Newport Blvd. was presented. After discussion it was moved by Councilman B. Smith and seconded by Councilman Pinkley that they -permit be granted not to exceed 90 days from September 12 (date of application), and that any future permit will require council action. The motion failed by the following roll call vote: AYES: Councilman B. Smith NOES; Councilmen J. Smith, Pinkley, Nelson ABSENT: Councilman Meyers Upon motion by Councilman J. Smith, seconded by Councilman Pinkley, the application was denied. The motion carried by the following roll call vote: AYES: Councilmen J. Smith, Pinkley, Nelson NOES: Councilman B. Smith ABSENT: Councilman Meyers Communication was read from Reverend Floyd R. Nelson, Pastor, Costa Mesa Foursquare Church requesting permission to erect a 16 x 24 feet tent for a period of approximately 90 days for the use..of-Sunday School Classes, to be used only in the dat time. Upon motion -by Councilman B. Smith, seconded by Councilman Pinkley and carried,.- the permit was granted with the stipulation that it conform to .the. State -Fire Marshal's regulations. Communication was read from Robert Baker, President, OrangeCounty Micro Midget Racing Club, requesting a license for the Fairgrounds to run -races on Sunday afternoons during the winter, and on Wednesday; Friday, --and Saturday nights in the spring. After discus�ion`uith Mr. Baker-coneern- ing the noise and what could be done to eliminate as much of it as' possible, Mr. Baker stated that mufflers could be installed.,and"would help a great deal. Upon motion by Councilman B.Smith, seconded by Councilman Fi.nkley, and carried, permit was granted for Sunday afternoons only, with the provision that when the group wishes to race evenings they are to request Council action, at no additional cost. Mufflers are to be installed to eliminate as much noise as possible. 'SIR #122 Warrant Resolution No. 122, including Payroll No. 78, was adopted on motion by Counilman J. Smith, seconded by Councilman Pinkley, and carried by the following roll call vote: AYES: Councilman J. Smith, Pinkley, Nelson, B.Smith NOES: Councilmen - None ABSENT: Councilman Meyers W.R. #123 Warrant Resolution No. 123 was adopted on motion by Councilman Pinkley, seconded by Councilman J. Smith and carried by the following roll call vote: AYES: Councilmen B.Smith, J.Smith, Pinkley, Nelson NOES: Councilmen - None ABSENT: Councilman Meyers Cye Vaughn to The Mayor placed the name of Cye Vaughn in nomination for Vehicle Vehicle Parking Parking District II to replace Mr. E. R. Carr who has moved to Palm District No. 2 Springs. On motion by Councilman Pinkley, seconded by Councilman J. 'Smith, and carried Klr.,. Vaughn was appointed to the Board of Vehicle Parking District II to fill out the unexpired term of Mr. Carr. r Pettigrew Upon motion by Councilman Pinkley, seconded by Councilman J. Smith, Lease the City Attorney was instructed to prepare a notice of cancellation for Cancelled the Pettigrew lease and the Director of Finance was instructed to prepare a warrant for the final rental payment. The motion carried by the follow- ing roll call vote. AYES: Councilmen J. Smith, B. Smith, Pinkley, Nelson NOES: Councilmen - None ABSENT: Councilman Meyers Stop Light Councilman B.Smith requested information of the possibility.of installing Harbor Blvd. and a stop light on Harbor Blvd. outside the entrance of Orange Coast College. Orange Coast The Chief of Police stated that a survey had been made at this inter - College entrance section and that such a light was warranted but that the County felt there were other locations that had priority. After discussion it was moved by Councilman B.Smith, seconded by Councilman Pinkley and carried that the Chief of Police contact the County of Orange to make another survey, and the City would participate in the cost. Gisler St. and Councilman B.Smith stated that he had received complaints regarding Harbor Blvd. inter- hazards at the corner of Gisler St. and Harbor Blvd. He stated that section this corner was difficult to find in the dark, and suggested the City Manager investigate the situation. Adjournment Upon motion of Councilman B.Smith, seconded by Councilman J.Smith and carried the meeting was adjourned at 9:30 p.m. Ma of 'ty of Costa Mesa ATTEST: City Clerk of the City f Costa Mesa By :I -e -Z Chief Deputy 1