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HomeMy WebLinkAbout11/18/1957 - City Council0,e;4 Written Communica- A communication was read from R. K. Campbell, 222 Santa Isabel, Costa tions Mesa, requesting refund of $70.00 on Building Moving Applications No. 168 and 169, together with a letter from A. J. Volz, Building Official, recommending denial of the refund because public hearings had been held. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Meyers, and unanimously carried that the -request for refund be denied. A communication was read from the City Erg ineer,, recommending a refund of 85% for Tract No. 3239, Frank J. O'Connor for improvements completed. Upon motion by Councilman B. Smith, a refund of $6,571.70 was granted. The motion was seconded by Councilman Meyers, and carried by the follow- ing ollowing roll call vote: AYES: Councilmen J. Smith, B. Smith, Pinkley, Meyer, Nelson NOES: Councilmen - None ABSENT: Councilmen - None A communication was read from R. G. Mote, Pastor of the Newport Harbor Church of Seventh Day Adventists requesting permission to use an amplifier REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA November 18, 1957 The City Council of the City of Costa Mesa, California met in regular session at 7:30 p.m.; November 18, 1957, at the City Hall, 695 W. 19th St., Costa Mesa. The meeting was called to order by the Mayor followed by the Pledge of Allegiance to the Flag and Invocation by Reverend Clyde E. Ervin. Roll Call Councilmen Present: J. Smith, B. Smith, Pinkley, Meyers, Nelson Councilmen Absent: None Officials Present: Asst. City-Hanager, Chief Deputy City Clerk, City Engineer,.City Attorney, City Treasurer, Director of Finance, Planning Commissioner Wilson Minutes Upon motion by Councilman B. 'Smith, seconded by Councilman Pinkley, and unanimously carried the minutes of NovemberA,-_-.1957 were approved as previously mailed out. PUBLIC HEARING Mayor Nelson<ainounced that this was the time and place fixed for the Wade Annexation hearing of protests or objections against the proposed Palade Annexation". The Deputy Clerk reported that the -affidavits and proof of the publication 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 Clerk reported that no written protests had been received. There being no written communications the Mayor asked if there was any- one present wishing to speak. All persons having been given full uppor- tunity to be heard, and no one wishing to speak, it was moved by Council- man Pinkley., seconded by Councilman J. Smith, and carried that the hearing be closed. Ordinance No. 189 Thereupon Ordinance No. 189, being AN ORDINANCE OF THE CITY OF COSTA MESA APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO THE CITY OF COSTA MESA, IN THE COUNTY OF ORANGE, KNOWN AS "WADE ANNEXATION".was presented. Following full reading of the Ordinance section by section, Councilman B. Smith moved that this con- stitute the first reading of Ordinance No. 189. The motion was seconded by .Councilman J. Smith, and carried by the following roll call vote: AYES: Councilmen J. Smith, B. Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Oral Communications The Mayor asked if there was anyyone present wishing to speak on any item not on the agenda. There being no one wishing to speak the Mayor called for written communications. Written Communica- A communication was read from R. K. Campbell, 222 Santa Isabel, Costa tions Mesa, requesting refund of $70.00 on Building Moving Applications No. 168 and 169, together with a letter from A. J. Volz, Building Official, recommending denial of the refund because public hearings had been held. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Meyers, and unanimously carried that the -request for refund be denied. A communication was read from the City Erg ineer,, recommending a refund of 85% for Tract No. 3239, Frank J. O'Connor for improvements completed. Upon motion by Councilman B. Smith, a refund of $6,571.70 was granted. The motion was seconded by Councilman Meyers, and carried by the follow- ing ollowing roll call vote: AYES: Councilmen J. Smith, B. Smith, Pinkley, Meyer, Nelson NOES: Councilmen - None ABSENT: Councilmen - None A communication was read from R. G. Mote, Pastor of the Newport Harbor Church of Seventh Day Adventists requesting permission to use an amplifier 673 in the residential area of Costa Mesa for Christmas caroling from November 25 until December 25, Mondays through Thursdays, 7:00 p.m. through 8:30 p.m. Upon motion by Councilman J. Smith, seconded by Councilman B.Smith and carried, permission was granted. Reports of Director Upon motion by Councilman Pinkley, seconded by Councilman J. Smith, and of Finance and City carried the reports of the Director of Finance and City Treasurer were Treasurer. ordered received and filed. Gisler and Harbor A report from the Street Lighting Superintendent that the Edison Company intersection light would install a 20,000 lumen suspended light over the intersection of Harbor Boulevard and Gisler Street at no installation cost to the City with an energy charge each month. Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried this installation was approved, with payment to be made monthly from the Traffic Safety Fund. W. 19th St. Improve- Councilman B. Smith requested the City Engineer to inform those present ment District --- the reason for the condition of West 17th Street, as many complaints are 17th 'Street being received. Engineer Southworth, stated that this was only a tempor- arycovering in order to prevent the ground fromgetting too wet from the recent rains, and that before this street is accepted it would be fixed ,according to specifications. Ordinance No. 187 Ordinance No. 187, entitled, -AN ORDINANCE OF THE CITY OF COSTA MESA (2nd reading) AMENDING SECTION 3.2 of ARTICLE III OF ORDINANCE NO. 32 OF THE CITY OF Rezone #37 and #39 COSTA MESA, CALIFORNIA, ENTITLED "AN ORDINANCE OF THE CITY OF COSTA MESA ESTABLI'SHINE LAND CLASSIFICATIONS IN DISTRICTS, REGULATING THE USE OF PROPERTY THEREIN, ADOPTING A MAP OF SAID DISTRICTS, DEFINING THE TERMS USED IN THE ORDINANCE, PROVIDIDNG FOR TIE ADJUSTMENT, ENFORCEMENT, AND AMENDMENT HEREOF; PRESCRIBING PWALTIES FOR VIOLATION THEREOF, AND REPEALING -ORDINANCES AND PARTS OF ORDINANCES INCONSISTENT AND INCONFLICT THE OdITH011 was presented for second reading. Following reading of the title, .Councilman B. Smith moved that further reading be waived and that it be read by title only. The motion was seconded by Councilman J. Smith, and unanimously carried. Thereupon Councilman Pinkley moved the adoption of Q'-rdir�nce No.e187, the motion was seconded by Councilman B. Smith, and adopted by the following roll,call tate: AYES: Councilmen J. Smith, B. Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Ordinance No. 188 Ordinance No. 188, entitled AN'ORDINANCE OF THE CITY COUNCIL OF THE (2nd reading) CITY OF COSTA MESA PROVIDING FOR THE LICENSING AND IMPOUNDING OF DOGS: Dog Licenses REGULATING THE KEEPING AND CONTROL OF DOGS: THE CONTROL AND SUPPRESSION OF RABIES AND OTHER INFECTIOUS AND CONTAGIOUS DISEASES: PROVIDING PENALTIES ,FOR THE"VIOLATION THEREOF: AND REPEALING ORDINANCES 42, 118, 121 AND 162 was presented for second reading by the City Attorney, Mr. John Hummel, 1910 Maple asked if this license could be transferred to another city and whether or not a two year period was legal. The Director of Finance informed the Council -that other cities use the two year period, and it would be a saving to the City. After further discussion it was moved by Councilman B. Smith, seconded by Councilman Pinkley, and carried that this constitute the second reading. Thereupon Councilman Pinkley moved the adoption of Ordinance No.188. The motion was seconded by Councilman J. Smith, and Ordinance No. 188 was adopted by the following roll call vote. - AYES.— Councilmen J. Smith, B. 'Smit:, PInkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None jQharle Water line Upon the recommendation of the City Attorney and City girieer it was moved by Councilman Meyers,,seconded by Councilman Pinkley, and unanimously carried that the Charle Street Water Line be tabled until a better analysis can be made of the -time element of the Victoria Street project, so that if possible this can be done at the same time. Resolution No. 422 The City Attorney presented Resolution No. 122, BEING A RESOLUTION OF THE E. 17th -St. Imp. CITY COUNCIL, CITY OF COSTA MESA, AUTHORIZING THE DIRECTOR OF FINANCE TO Dist DRAW CERTAIN WARRANTS FOR THE ACQUISITION OF RIGHTS OF WAY IN THE EAST 17th STREET IMPROVEMENT DISTRICT. On motion by Councilman Pinkley, seconded by Councilman Meyers, Resolution No. 122 was adopted by the following roll call vote: AYES: Councilmen J. Smith, B. Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None - ABSENT: Councilmen - None 6 �74 Deeds of R:ight.of A deed of Right of Way to the City of Costa Mesa, dated November 159 1957 Way - E. 17th St. from Charles J. Prather for a portion of that certain street known as Hamilton, between Placentia Avenue and Harbor Boulevard was presented. On motion by Councilman B.`gnith, seconded by Councilman Meyers, the deed was accepted and ordered placed on record by the following roll call vote - AMS: Councilmen J.,18mith, B.'Smith, Meyers, Pinkley., Nelson NOES: Councilmen -,None ABSENT: Councilmen - None A deed of Right of Way to the City of Costa Mesa, dated November 15, 1957 from Frank E. and Alberta M. Clifford for a portion of that certain highway known as Hamitlon between Placentia Avenue and Harbor Boulevard, was presented. On motion by Councilman Pinkley, seconded by Councilman J.Smith.,the deed was accepted and ordered placed on record by the following roll call vote: AYES: Councilman J.Smith, B.Smith, Meyers, Pinkley, Nelson 'NOES: Councilmen - None ABSENT: Councilmen - None A deed of Right of Way to the City of Costa Mesa, dated November 14, 1957 from Nellie P.. Beaman for a portion, of that certain -h: ghway known as Hamilton Street, between Placentia Avenue and Harbor Boulevard, was pre- sented. On motion.by Councilman Meyers, seconded by Councilman Pinkley the deed was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen J.Smith., B. Smith, Meyers, Pinkley, Nelson NOES. Councilmen - None ABSENT. Councilmen - None A deed of Right of Way to the City of Costa Mesa, dated November 12, 1957 from H. L. and Dolores Van De Walker for a portion of that certain highway known as Hamilton Street between Placentia Avenue and Harbor Boulevard was presented. On motion by Councilman'J.Smith,.seconded by Councilman Pinkley the deed was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen J.,`Smith, B.13mith, Meyers, Pinkley, Nelson NOES; Councilmen - None ABSENT: Councilmen - None A deed of Right of Way to.the City of Costa Mesa, dated_November 139 1957 from Chester J. and Margie Hanson for a portion of that certain highway known as Hamilton Street, between Placentia Avenue and Harbor Boulevard wespresented. On motion by Councilman Pinkley, seconded by Councilman Meyers, the deed was accepted and ordered placed on record by the follow- ing roll call vote: AYES: Councilmen J.Smith, B.Smith, Meyeis, Pinkley, Nelson A deed of Right of Way to the City of Costa Mesa, dated November 12, 1957 from Philip and Pauline.Taorima for a portion of that certain highway known as Victoria Street, between Tr. 1713, and Harbor Boulevard was presented. On motion by Councilman B.Smith, seconded by Councilman Pinkley the deed was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen J.Smith, B.Smith, Meyers, Pinkley, Nelson NOES: Councilmen - None ABSENT: Councilmen - None A deed of Right of Way tothe City of Costa Mesa, dated November 12, 1957 from Wizard Boats, Inc. for a portion of that certain 46'ghway known as Ham- ilton Street between Placentia Avenue and Harbor Boulevard was presented. On motion by Councilman B.Smith, seconded by Councilman Meyers the deed was accepted and ordered placed on record by the following roll call - vote: AYES: Councilmen J.0mith, B.Smith,. Meyers., Pinkley, Nelson NOES: Councilmen - None ABSENT: Councilmen - None A deed of Right of Way to the City of Costa Mesa., -dated November 14, 1957 from Delbert and Mary Jane Warwick for a portion of that certain highway known as Hamilton Street between Placentia Avenue and Harbor Boulevard was presented. On motion by Councilman B. Smith, seconded by Councilman Meyers the.deed was accepted and ordered placed.on record by the following roll call vote: AYES: Councilmen J.Smith, B.Smith, Meyers, Pinkley, Nelson NOES: Councilmen - None ABSENT: Councilmen - None 675 A deed of Right of Way to the City of Costa Mesa~s dated November 15, 1957 from Earnest S. Ba11,.Sr. for a portion of that certain highway Down as Hamilton Street, between Placentia Avenue and Harbor Boulevard was pre- sented. On motionbby Councilman Pinkley, seconded by Councilman Meyers the deed was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen J.Smith, B.15mith, Pinkley, Meyers, Nelson NOES: Councilmen None ABSENT: Councilmen - None A'deed of Right of Way'to the City of Costa Mesa, dated November 15, 1957 from Harry J. and Pearl M. Forsythe for a portion of that certain street commonly known as Hamilton'Street, between Placentia Avenue and Harbor Boulevard was presented. On motion by Councilman B.Smith, seconded by Councilman Pinkley, the deed was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen J.Smith, B.Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None A deed of Right of Way to the City of Costa Mesa, dated November 15, 1957 from Marie A. Noonan for a portion of that certain street commonly known as Hamilton, between Placentia Avenue and Harbor Boulevard was presented. On motion by Councilman Pinkley, seconded by Councilman J.Smith, the deed was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen J.Smith, B.Smith, Pinkley, Meyers, Nelson NOES: Councilmen None ABSENT: Councilmen - None A deed of Right of Way to the City of Cetta Mesa, dated November 15, 1957 from Ferne S. Ham for a portion'of that certain street commonly known as Maple Street between Placentia Avenue and Harbor Boulevard was presented. On motion by Councilman J.Smith, seconded by Councilman Pinkley the deed was accepted'and ordered placed on record by -the following roll call vote: AYES: Councilmen J.Smith, B.Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT Councilmen - None A deed of Right of way to the City of Costa Mesa, dated October 15, 1957 from Mrs. Nettie L. Opelle for a portion of that certain hgghway commonly known as E. 17th St. was presented. On motion by Councilman Meyers, seconded by Councilman Pinkley the deed was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen J®Smith, B.Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None A deed of Right of Way to the City of Costa M®sa, dated November 7, 1957 from Bank of America-,:, for a portion of E. 17th Street was presented. On motion by Councilman Pirikley, seconded by Councilman B.Smith the deed was accepted and ordered placed on record by the following roll call vote: AYES: -Councilmen J.Smith; B.Smith, Pinkley, Meyers, Nelson- NOES: elsonNOES: Councilmen — None ABSENT: Councilmen - None A deed of IRi.ght of Way to the City of Costa Mesa, dated November 7, 1957 from Bank of America for a portion of E. 17th St. -was presented. On motion by Councilman Pinkley, seconded by Councilman B.Smith the deed was accepted and ordered placed on record'by the following roll call vote: AYES: Councilmen J.Smith, B.Smith, Pinkley Meyers, Nelson NOES: Councilmen - None ABSENT:: Councilmen - None County Rezoning of The City Attorney,.presented the proposed rezoning of Mesa No. 2 by the Mesa No. 2 County. After discussion it was moved by Councilinan Pirikley that Reso- Resolution No -423 lution No. 423; informing the'County.Planning Commission "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COISTA ME=SA RECOMMENDING ACTION BY THE ORANGE COUNTY PLANNING COMMISSION ON THE REZONING OF THE AREA KNOWN AS "MESA ANNEXATION NO.211 was adopted. The motion was seconded by Councilman J.Smith, and carried by the following roll call vote: AYES: Councilmen J.Smith, B.Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None:... ;ani rt-:� ���rrryyy i� d Subdivision No. 177 Subdivision Application No. 177 being the application of Ralph J. -Irwin Ralph J. Irwin to subdivide property qt 347 Ogle `Street (Portion Lot.2-Tract 402) into two parcels, having two substandard lots was presented with the recommen- dation of the Planning Commission for approval? Upon motion by Councilman B.Smith, seconded by Councilman Pinkley, and carried, the action of the Planning Commission was upheld. Cye Vaughn appointed The Mayor nominated Cye Vaughn for reappointment to the Board of Vehicle to -Vehicle Parking Parking District TI. On motion byCouncilman Pinkley, seconded by District -No. 2 Councilman Meyers, and carried; Mr. Vaughn was appointed for a term of three years to expire on November 19, 1960: Variance No. 405 Variance Application No. 105, being the application lof Mr. and Mrs. H. Erick H. Erick, 105. Beverly Road, Corona, to permit a 164 rear yard set- back at 215 and 217 Camellia Lane, was read with the recommendations of the Planning Commission for withdrawal as requested by the applicant. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried, the action of the Planning Commission was upheld? Variance No. 408 Variance Application No. 408, being the application of K. W. Koll Const. K. W. Koll Const. Co. to permit erection of a sign for the sale of homes in Tract No. 3279 Co. on Lot 20, was read with the recommendation of the.Planning Commission for approval for a period of one year -or until the.homes are sold, which- ever is sooner. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried the action of the Planning Commission was upheld. Variance No. 410 Variance Application No. 110, being the application of George Buccola to George Buccola Co. permit erection of a 109 x 181 sign for sale of real property in Tract No. 2845 on Lot 45, was -read with the recommendation of the Planning Commission for approval for a period of one year or until the homes are sold, whichevei-sis sooner. Upon motion by Councilman B.Smi.th, seconded by Councilman Pinkley, and aarri.ed, the action of the Planning Commission was upheld. Variance No. 411 Variance Application No. 411 being the application of Jennie Alice Hiriart Jennie Alice Hiriart to permit an office building to within twelve feet of the curb proper at 1911 Newport Blvd. was read with the recommendation of the Planning Commission for approval on the condition that the applicant adheres - to the plot plan and that there be not less than ten (10), properly surfaced and marked, off street parking spaces. Upon motion by Councilman B.Smith, seconded by Coucilinan J.Smith and carried the action of the Planning -Commission was upheld. Variance No. 413 Variance Application No. 413 being the application of Otis Walker to Otis Walker permit a left side yard setback of 3' 2" and a right side yard setback, of 41 on an existing building, which.has been converted into a dwelling was read with the recommendation of the Planning Commission for approval on the condition that the outside of this structure be completed in not longer than sixty (60) days from this date. Upon motion by Councilman B.'Smith, seconded by Councilman J.Smith and carried the action of the Planning Commission was upheld. Variance No. 115 Variance Application No. 115, being the application of Elizabeth F. Page Elizabeth F. Page and Mrs. C.W. TeWinkle to construct an additional building 201 x 309 to Mrs. C.W. TeWinkle the present constructed building to be used for office and marking room was presented with the recommendation of the Planning Commission for ap- proval on the condition that thecff-street parking facilities for this structure be tied in to the parking area across the alley to the West (a portion of Lot -30, Block C. Tract No. 18),and that it be properly surfaced and -marked. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, andcarried the action of the Planning Commission was upheld. W.R. #127 Warrant Resolution No. WR 127 including Payroll No. 81 was presented for approval. On motion by Councilman Pinkley, seconded by Councilman J. Smith, WR 127 was adopted by the following roll call vote: _. AYES: Councilmen J.Smith, B.Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None 677 y77 WR 128 Warrant Resolution No. WR 128, was presented for approval. On motion by Councilman B.'Smith, seconded by Councilman Pinkley, WR. No. 128 was adopted by the following roll call vote: AYES: Councilmen J.Smith, B.Smith, Pinkley, Meyers, Nelson NOES: Councilmen v None ABSENT: Councilmen - None Sunday Closing of businesses Proposed site of the State University Adjournment 1 1 Mayor Nelson stated that he had been informed that the Newport Harbor Council of Churches was requesting the businesses in the City to close on Sundays. After discussion it was moved by Councilman Pinkley, seconded by Councilman,B.Smith, and unanimously carried that the City Council offer no recommendations or suggestions on the `Sunday closing. Mayor Nelson stated that he believed some definite action should be taken by City groups on the location of'the `State University on the portion of the site of the Fairview State Hospital. After discussion it was felt by the Council that it should meet with the Chamber of Commerce. Mr. Lee, President of th Chamber of Commerce, was presented, and suggested an evening meeting as soon as possible. Thereupon it was moved by Councilman B. Smith seconded by Councilman Pinkley, and unanimously earriddd that a joint meeting with the Chamber and all other interested parties be held on Tuesday, November 19, 1957 at 8:00 p.m. in the Council Chambers. Upon motion.by Councilman B.Smith, seconded by Councilman Pinkley, and carried the meeting was adjourned at 8:30 p.m. to November 19, 1957 at 8:00 p;m. Mayo City o os a Mesa, ATTEST: '0' 'e "r. _0" Z �B City erk of the MY. os,a Mesa By Chief Depu y