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HomeMy WebLinkAbout03/17/1958 - City Council7" ' / yi `) 4-r+ RBGUTAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA March 17, 1958 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 p -m-3 March 17, 1958 at the City Hall, 695 W. 19th St., Costa Mesa. The meeting was called to order by the Mayor followed by the Fledge of Allegiance to the Flag and Invocation by Reverend J. Robert Hodges. ROLI; CALL Councilmen Present; J.Smith, B.Smith, Pinkley, Meyers, Nelson Councilmen Absent; None Officials Present: Chief Deputy City Clerk, City Manager, Assistant City Manager, City Attorney, City Engineer, Director of Finance E. 17th Street The Mayor announced that the hour of 7;30 o'clock p.m. having arrived, Improvement this was the time and place fixed by the City Council of the City of District Costa Mesa, California, for hearing on the matter of the improvement of PUBLIC HEARING �: East 17th Street and certain other streets and :: alleys;, under the pro- tisions of Division 7 of the Streets and Highways Code of the State of California. The Clerk reported that notice of the hearing under Division 7 was given by mail as provided by law and that an affidavit showing such compliance is on file in his office. The Clerk further announced that Notice of Improvement had been posted along the streets and ..alleys of said Im- provement District as required by law and that an affidavit of Posting was on file in his office. The Mayor. announced that prior to the consideration of protests it would "be necessary -that the report under Division l��of the Streets and Highways Code of the State of California be read to the Council. Whereupon the report, except as to the map, plat, or diagram and the assessed valuations and true valuations, of, and assessments and estimated assessments on each parcel of land., was read to the Council. The Mayor then inquired of the Clerk if any written protests.or.objections had been filed. The Clerk reported certain written protests and'objec- tions had been filed with him prior to the time set for the hearing. Tho -Clerk then read to the Council all of said protests. After said protests were read several persons asked if they might file written protests now. Thereupon all persons were advised that,they might file with. the Clerk at this time any written protest. Whereupon the follow- ing persons filed written protests: BRADLEY HUGHES 337 E. 18th St. BURR -ELL PALMER _343 E. 18th St. WARREN.COLLINS 360 Rochester 'EDNA 0. SHELTON 179 E. 17th St. FRANCES WALKER 1563-69 Tustin Whereupon the Clerk then read said protests. The Mayor then asked if anyone else desired to file written protest. When no person so desired the Mayor then asked if any person desired to speak in support of any written protest. The following persons spoke in support of the written protests: - FRANCES WALKER 1569-73 Tustin WARREN COLL-INS 360 Rochester BRADLEY HUGHES 337 E. 18th St. ALBERT HOFFMAN 360 Ramona Way EDNA 0. sSHELTON 1739 E. 18th St. All protests were referred to the U.ngineer for report and computation as to the percentage of the area represented thereby. The Mayor declared a recess and the meeting reconvened in fifteen minutes. The -Engineer reported that the protests were made by owners of less than one-half of the area of t he.property to be assessed for the improvement. IY& i After a full, fair and impartial hearing and an opportunity having been given to all persons desirirg to be heard and no person further desiring I- to speak, it was moved by Councilman B.Smith, seconded by Councilman Pinkley and unanimously adopted that all protests be overruled and denied upon the finding that all protests filed were made by the owners of less than one- half of the property to be assessed for the improvement. The City Council having before -it the report and the plat of the assessment district, the plans and specifications, and being familiar with both, and having considered all protests filed, and the character and nature of the proposed work and necessity for the same, and determined that the public interest, convenience and necessity require the improvement as set forth in the plans and specifications, and also having considered the matter as to the area of the property to be assessed for the said improvement, Councilman RESOLUTION NO. 452 Pinkley presented Resolution No. 452, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING RESULTS OF HEARING, OVER- RULING PROTESTS, DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE CERTAIN WORK OR IMPROVEMENT OF E. 17th ST. AND CERTAIN OTHER ,STR=S AND ALLEYS (A'SSESSM'ENT NO. 6) AS SET FORTH IN RESOLUTION OF INTENTION NO. 4141, and moved its adoption. The motion was seconded by Councilman B.Smith, and carried by the following roll call vote; AYES: Councilmen J.`Smith, B.Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None RESOLUTION No. 441 RESOLUTION NO. MINUTES REPORTS 1 Councilman J.Smith presented Resolution No. 453, being A RESOLUTI611 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CRDERING THC WORK DESCRIBED IN RESO- LUTION OF INTENTION N0. 441, ADOPTED ON THE 17TH DAY OF FEBRUARY 1958 IN THE MATTER OF THE CONSTRUCTION OF TMPROV'R ENI'S IN 'E. 17TH STREET AND CERTAIN OTHER STREETS AND ALL= IN THE CITY OF COSTA MESA, and moved its adoption. The.motion was duly seconded by Councilman Pinkley, and unanimously adopted by the following roll call vote: AYES: Councilmen J.Smith, B.Smith Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Councilman B.Smith presented Resolution No. 454, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ASCERTAINING AND DETER - 454 MIND THE PREVAILING NAGE RATE TO BE PAID FOR THE FOLL0iING PUBLIC IMPROVE- MENTS IN THE CITY OF COSTA MESA. IN EAST 17TH STREET AND CERTAIN OTHER STREETS AND ALLEYS, and moved its adoption. The motion was seconded by Councilman Meyers, and carried by the following roll call vote: AYES: Councilmen J.Smith, B.Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None On motion by Councilman Pinkley, seconded by Councilman J.Smith, and unani- mously carried the hearing was closed: Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried the minutes,of the meeting of March�3 were approved as written and previously distributed. Upon motion by Councilman B.Smith, seconded by Councilman J.S mith, and carried, the minutes of the meeting of March 10 were::approved as written and previously distributed. The Report of the Director of Finance and City Treasurer for the month of. February.were ordered received and filed upon motion by Councilman Pinkley, seconded by Councilman B.Smith, and carried. A request was read from South Coast Plumbing, 208 W. Victoria, Costa Mesa for refund of $11.00 for 11 gas permits paid, inasmuch as there would now only be two lines in the building. It was moved by Councilman B.Smith, seconded by Councilman Meyers, that South Coast Plumbing be refund $9.35, as recommended by the Building Official. Motion carried by the following roll call vote: AYES: Councilmen J.Smith, B.Smith, Pinkley, Meyers, Nelson NOES:- Councilmen - None ABSENT: Councilmen - None 5( A request for refund for Building Permit No. 5886 was read from John L. Trainer. Communication was read from the Building Official denying request. for refund $6.80 inasmuch as permit was processed and project had been declared abandoned as.the work had not commenced within 60 days, as per section 302(4) of the Uniform Building Code. After discussion it was moved by Councilman B.Smith, that the refund be denied as recommended by the Building Official. Motion was seconded by Councilman Meyers, and carried by the following roll call vote: .AYES: J. Smith, B.Smith, Meyers NOES: Pinkley, Nelson AUDIT OF ACCOUNTS Upon motion by Councilman B.Smith, seconded by Councilman J.Smith, and cam ed the Audit of Accounts for the period of July through December 3L, 1957 was approved as presented by the Auditors, Pyle, Lance, and Schlinger. RESOLUTION N0. 455 Resolution No. 455, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Purchasing Pro- COSTA MESA, CALIFORNIA, ESTABLISHING RULES AND REGULATIONS FOR PURCHASING cedure was presented. On motion by Councilman Pinkley, seconded by Councilman J.Smith, Resolution No. x.55 was adopted by the following roll call vote: AYES: Councilmen J.Smith, B.Smith, Pinkley, Meyers, Nelson NOES: Councilmen - _ None ABSENT: Councilmen - None R'EBOLUTION NO. 456 Resolution No. 456, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Gas Tax Budget COSTA MESA ADOPTING`3UDGET AND APPROVING Ma10RANDUM OF AGREE41 NT FOR FX- PENDITURE OF GAS TAX ALLOCATION FOR MAJOR CITY STREET'S was presented. Upon motion by Councilman B.Smith, seconded by Councilman Pinkley, Reso- lution No., 456 was adopted by the following roll call vote: AYES: Councilmen J.Smith,, B.Smith, Pinkley, Meyers,.Nblson NOES: Councilmen - None ABSENT: Councilmen - None TENTATIVE TRACT MAP Tentative Tract Map No. 1776, in the name of Kenneth W. Koll, 2826 Newport NO. 1776 Blvd., Newport Beach to subdivide property into 12 lots, locatedWest of K. W. Koll Aliso Avenue Northerly of Lenwood Drive and 150.20' easterly o _ Tustin Avenue waspresented. On motion by Councilman B.Smith,seconded by Council- man Meyers, and carried, Tentative Tract No. 1776 was approved subject to the recommendations of the Planning Commission i.e. subject to the rec- oommendations of the City Engineer as stated in his letter dated, -March 10, 1958. TENTATIVE TRACT MAP Tentative Tract Map No. 3202, (Study Z),_in tYfe name of Kenneth W. Koll, NO. 3202 (Study Z) 2826 Newport Blvd, Newport Beach to subdivide property into 24 lots, lo - K. W. Koll cated West of Santa Ana, 3301,northerly of the centerline of E. 17th Street was presented. On motion by Councilman B.Smith, seconded by Councilman J.Smith, and carried, Tentative Tract No. 3202 (Study Z) was approved subject to the recommendations of the Planning Commission, i.e.; Subject toa 11 conditions as set forth in the City Engineers* letter of.Fobruary 11, 1957, and with the additional condition that the subdivider provide an underground drain from the Easterly limits of Cabrillo Street to Santa Ana Avenue, as required by the City Engineer. Deeds of Right of A deed of Right of Way dated March 13, 1958 from Theodore R. and Beatrice J Tay Hauser for that certain street knotim as Meyer Place was presented. Upon 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 dated March 12, 1958 from Kevin and Katherine _ Nelson for that certain street known as Maple Avenue was presented. Uon motion by Councilman Pinkley, seconded by Councilman Meyers, the deed ias accepted and ordered placed on record by the following ro.11 call vote: AYES: Councilmen J.Smith, B.Smith, Pinkley, k6l 'vers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None dbI A_ deed of Right of tray dated March 14, 1958 from Raymond D. and Evelyn M. Fudge for that certain street known as Maple Avenue 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: AYE'S: Councilman J.Smith, B.Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None ORDINANCE NO. 199 The City Attorney presented the proposed change in Ordinance No. 25 for wrestling & Boxing 'Wrestling and Boxing fees. After reading in % 11 it was moved by Councilman Fees B.Smith, seconded by Councilman Pinkley that Ordinance No. 199 being AN ORDINANCE OF THE CITY COUNCIL, CITY OF COSTA MESA, CALIFORNIA, AMENDING ORDINANCE N0. 25 FOR THE LICENSING OF BOXING AND I^R-ESTLING .EMBITIONS, was passed to second reading. The motion caned by the following roll call vote: AYES: Councilmen J.Smi.th, B.Smith, Pinkley, Meyers, Nelson NODS: Councilmen - None ABSENT: Councilmen -.None `SUBDIVISION APPLI- A request to appeal the decision of the Planning Commission for denial on CATION NO. 186 `Subdivision Application No. 186 was -read from Mrs. Elsie Helen Meyer, 26602 Meyers Aden Avenue. Mr. Jacob DeVries, 1937 Harbor, was present and spoke in be- half of Mrs. Meyers, Mr. Devries stated that 21 additional could be_dedi- cated making a 14 ft. easement for.ingreas and egress. After discussion it was moved by Councilman B.Smith,_seconded by C. Pinkley that the recommen- dation of the Planning Commission for denial be overruled and Subdivision Application No. 186 be granted subject to the following conditions: 1)That the easement on the northerly side of the lot be increased from 12 ft to 14 ft. 2) That the setback line on Parcel B be 50 ft. from the rear property line. Themotion carried by the following roll call vote: AYES: Councilmen J.S mith, B% Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None VARIANCE NO. 310A Variance Application No. 310A, being the application of Clara B. Line, Line160 E. 19th St. to permit thecontinuation of a home occupation to teach piano at 460.E. 19th St. was read with the recommendation of the Planning Commission for approval for an additional year, under the same conditions as the original variance: i.e. 1) There will be no teaching of any kind after 6:00 p.m. 2) Deleted because the request for sigging lessons was not included on this extension) 3) No employees. 4) No signs. Upon motion by Councilman Meyers, seconded by Councilman Pinkley and carried the Council concurred with the Planning Commission in granting the variam e. VARIANCE N0. 457 Variance Application No. 457, being the application of Edgar H. Stroot, Stroot 243 Via Ithaca, Newport Beach, for a Of rear yard setback for commercial buildings at the Northwest coerner of E. 17th St. and Irvine Avenue was read with the recommendation of the Planning Commission for approval of an encroachment to within 20 feet of the rear line because 1) The Commission feels that there should be a minimum 20 foot alley in the rear of all commercial developments. 2) Prior decision by the Commission required the setting back for alley pupposes in this block. 3) This area should have an alley to the rear. 4) The applicant has not shown any hardship. Mr/ Edgar Stroot was present to discuss his application. Mr. Stroot stated that he felt that 10 ft. at the rear would be his portion of a 20 ft. alley inasmuch as there was a ten foot right of way for utilities on the properties adjoiningand. presented Plan "Study B" to the Council showing the proposed change. After further discussion, question was raised as to whether or not the 10 ft. utility easement could be used for alleyprposes, and if so how far the easement ran. Thereupon it t,*as moved by Councilman B.Smith, seconded by Councilman Pinkley, and carried that action on this Variance be tabled to the adjourned meeting of March 24, 1958 in order that the Right of Way De- partment may Rsecure further information on this easement. ARIANCE Variance Appli(ation No. 458, being the application of Leland E. Jensen, NO. 458 920 Cedar Place, Costa Mesa, to permit a side yard setback of three feet Jensen to permit a double garage at 920 Cedar Place, was read with the recom- mendation of the Planning Commission for approval. Upon motion by Council- man Pinkley, seconded by Councilman B.Smith, and carried_ the Council concurred with the Planning Commission in granting the variance. ORAL COMMUNICA; The Mayor inquired if there were anyone present wishing to"speak on some sub - TIONS ject not on the agenda. No one desiring to speak the Mayor called for Written Communications. 'WRITTEN COMMUNICA- TIONS Communication was read from Don Allen, Assistant Sales Manager, Sila-Flex 1919 Placentia Avenue, commending the Police Department for their efficiency Upon motion by Councilman B.Smith, seconded by Councilman J.Smith, and carried the communications were received and ordered filed. A communication was read from W. C. Ries, Vice President, United States National Bank, stating that the interest rate on Public Time ;.Deposit of the City will be lowered from 24 to 2/o per annum payable quarterly. Upon motion by Councilman B.Smith, seconded by Councilman Meyers, and carried the communication was received and ordered filed. -A communication was received from H-. C. Sampson requesting that he not be considered for reappointment to the Planning Commission when his term ex- pires in April. Upon motion by Councilman Nelson, seconded by Councilman Pinkley and carried the resignation of Mr. Sampson was ac- cepted with regrets. A communication was read from L. H. Killey, 1938 Santa Ana Avenue re- questing payment of $17.38 in a claim for damages for a tire ruined at 2254 Orange IAvenue. On motion by Councilman B.Smith, seconded by Council- man Pinkley, and carried the letter was referred to the City Attorney for his recommendation. A communication was read from Louis J. Knoeger and Associates stating they would now have available a specialist in insurance evaluation. Upon motion by Councillman Pinkley, seconded by Councilman J.Smith, and carried the communication was received and ordered filed. W R 138 Warrant Resolution No. WR 138, including Payroll No. 89, was presented for approval. On motion by Councilman J.Smith, seconded by Councilman Meyers, W.R.138 was adopted by the following roll call vote: AYES: Councilmen J.Smith, B.Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None 'Westminster The City Manager reported that he had -received a phone call from Mrs-. Foster Avenue Brown thanking the City for their work on Westminster Avenue during the rain. Jabsco Pump The City Manager requested the Counil to consider a change in setback f05 Mr. McCray,President of Jabsco Pump Co. building in the vicinity of Harbor Blvd. and Maple Avenue. The Council had placed a setback of 100 feet on the building, and they were requesting a setback of 80 feet. After dis- cussion it was moved by Councilman B.Smith, seconded by Councilman J.Smith and carried that Jabsco Pump be granted permission to build their building 80 feet from the centerline of Maple Avenue. The City Manager presented sample booklets publicizing Orange County for proposed new plants.. • He requested the Council to consider purchasing about 300 of these booklets to be sent to New York City with one of the local representatives attending the Industrial Convention to sell industry on moving to Orange County: After discussion it was moved by Councilman J.Smith, seconded by Councilman Meyers that Mr. Unger be allowed $350.00 to cover expense of securing the booklets and transporting them to New York City by a local representative. The motion carried by the following roll call vote: AYES: Councilmen J.Smith, B.Smithy Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None 'RESOLUTION NO. 457 The City Attorney reported that in connection with Parcel No. 636 in the 'Condemnation of E. 17th Street Improvement District there was no right of way•secured, and Property requested that he be authorized to start condemnation proceedings and that $5,300.00 be deposited in court. Thereupon it was moved by Councilman J. Smith, seconded by Councilman Meyers, Resolution No. 457 being A RESOLU- TION OF THE CITY COUNCIL, CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE INSTITUTION OF CONDEMNATION PROCEEDINGS :.AND INSTRUCTING THE DIRECTOR OF FINANCE TO ISSUE A WARRANT IN THE SUM OF $5,300.00, was adopted•by the following roll call vote: AYES: Councilmen J.Smith, B.Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None 1 ADJOURNMENTUpon motion by B.Smith, seconded by Councilman Pinkley:' and carried the meeting was adjourned at 10:4 ..to Monday, March 24, 1958 at 8:00 p.m. o the City of Costa Mesa ATTEST: - City CTerk.of the City ofCcWta Mesa