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HomeMy WebLinkAbout12/07/1959 - City Council3 REGULAR MEETING OF THE CITY -COUNCIL - CITY OF COSTA MESA December 7., 1959 The City Council of the City of Costa Mesa -met in regular session at 7:30 o'clock p.m... December 7, 1959, at the--_. City Hall, at 695 West 19th Street, Costa Mesa. The;._-. meeting was called to order by the Mayor followed by the Pledge of Allegiance to the Flag and Invocation by Mayor John Smith. ROLL CALL Councilmen Present: Rea, Pinkley,.Meyers, B. Smith, J. Smith . Councilmen Absent: None Officials Present: City Manager, City Attorney, City Engineer, Director of Public Works, Director of Finance, Chief Deputy City Clerk: Minutes Upon motion by Councilman B. Smith, seconded by Council - November 16, 1959 man Pinkley, and carried, the minutes of the regular meet- ing of November 16, 1959, were approved as written and previously distributed. Opening of Bids The Mayor announced that this was the time and place set Radio Equipment for the Opening of Bids on the following items: Item 2 Trucks Two portable radiophone transmitter -receiver combinations, complete: Item 3 - Base and Mobile radio equipment; Item 4 - One 6 cylinder 12 to 2 Ton Rated Truck Cab and Chassis; Item 5 - One 6 cylinder 3/4 Ton Pickup Truck. The Clerk reported that 2 bids: had been received for the radio equipment and three bids for the trucks. The bids were then publicly opened,,read, and declared as follows: BIDDER Total Item 2 Total Item 3 Motorola, Inc. $ 1;307.07 8,367.22 General Electric -none- $ 4,99o.0o BIDDER Total Item 4 Total Item 5 Miller Chevrolet Co. 3,103.85 2,019.91 L & K Motors $'2.,829.42 $ 2,057.53 Theodore Robins $ 2,865.62 $ 21028.86 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 equipment. Upon motion by Councilman B. Smith, seconded by Councilman Rea, and carried, the bids were referred to - the City Manager for check and report back. PUBLIC HEARING The Mayor announced that this was the time and place set Rezone Petition for the Public Hearing on Rezone Petition No. 70, being #70 the petition of Glenn W. Croft, et al, 180 Broadway, to Croft rezone from R4 to R2, property located between Charle and Maple, northerly of Bernard. The Clerk read the recommendation of the Planning Commission for denial because this is spot zoning and the Commission will. initiate proceedings for the possible rezoning for the area from Charle to Maple and from Bernard to Hamilton. The Clerk reported that the affidavit and proof of the publication of notice of hearing had been made and were on file in the office of the City Clerk. He thereupon read a communication of Howard B. Lawson in favor of the rezoning. The Mayor then inquired if there were anyone present wishing to speak. Thereupon the following spoke from the floor in favor of the rezoning; Glenn B. Croft, 180 Broadway; Ray Ward, 1911 Highland Drive,, Newport Beach. 1 1 The Council discussed with Mr. Croft and the other interested parties if before final action is taken they would be will- ing to wait until such time as the Planning Commission would make their -recommendation for the zoning in the area adjacent to their request. Mr. Croft stated that he felt a short delay would be all right. Thereupon it was moved by Council- man B. Smith, seconded by Councilman Pinkley, that the Public Hearing be carried over to January 4, 196o, and that the Planning Commission be requested to submit to the City Council at this meeting, a suggested zone change for the entire area. The motion carried unanimously. PUBLIC HEARING The Mayor announced that this was the time and place set Rezone No- 76-A for the Public Hearing of Rezone Petition No- 76-A, being Koll the petition -of K. W. Koll, 1555 Placentia Avenue, Newport Beach, to rezone from Ml -A and M1 to Rl property in Tentative Tract 3403 and 3625 located northerly of Gisler Avenue and immediately South of the Orange County Flood Control Channel, approximately 2000 feet westerly of Harbor Boulevard. Tie Clerk read the recommendation of the Planning Commission for approval. The Clerk reported that the affidavit and proof of the publication of notice of hearing had been made and were on file in the office of the City Clerk. He reported no written communications had been re- ceived. The Mayor then inquired if there were anyone present wishing to speak. No one wishing to speak it was moved by -.Councilman -B. Smith, seconded by Councilman Rea, and carried, that the Public Hearing be closed. Thereupon ORDINANCE 280 first reading was given to Ordinance No. 280, being AN ls•t reading ORDINANCE -OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING,SECTION 3.2 OF ARTICLE III OF ORDINANCE NO. 32 OF THE CITY OF COSTA MESA CHANGING THE ZONING OF A PORTION OF THE QUARTER OF SECTION_ 33 IN THE SAID CITY -SOUTHWEST FROM Ml AND M1 -A TO Rl, upon motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried. PUBLIC HEARING The Mayor announced that this was.the time and place set for Reaone No. 90.- the Public Hearing of Rezone -Petition No. 90, being the Initiated by petition initated by the Costa Mesa Planning Commission to Planning rezone from R4 to Rl property located between Irvine and Commission- Tustin and between East 17th Street and East 16th Street and between East 15th Street and East 16th Street and be- tween Tustin and Santa Ana Avenues. Tin Clerk read'the recommendation of the Planning Commission for approval. The Clerk reported that the affidavit and proof of the publication of notice of hearing had been made and were on file in the office of the City Clerk. The Clerk read the following communications in protest: Petition bearing 77 signatures;- Bernice -Turner, 366 East 15th Street; Mrs. Raymond M. McCue, 1592 Redlands Place; Arlene C. Korten, 1596 Redlands Place. The following communications in favor: Petition bearing 118 signatures. Thereupon the Mayor inquired if there were anyone present wishing to speak. The following spoke in protest:. Mrs. LaPerle, 1549 Tustin;- George LaPerle, 378 LaPerle; Lloyd Johnson, 391 LaPerle Place; Dick Jones for Mrs. Maddox; Mrs. Maddox; Bernice Turner, 366 East 16th; Carl Korten, 1596 Redlands Place; Mrs. Korten. The following spoke in favor: Bob Trusty, 407 Lenwood Drive; Earl DeWolf, 430 Lenwood; Lloyd Johnston, 406 Lenwood Drive; Gene Parker, 416 Lenwood.Drive; W. G. Caldwell, 411 Lenwood; Mrs. Bob Trusty; Nina Koch. No one else desiring to speak it was moved by Councilman B. Smith, seconded by Councilman Pink -ley, and carried the Public Hearing be closed. Thereupon it was moved by Councilman B. Smith, seconded by Councilman. Pinkley, and carried, that the action of the ,Planning Commission be overruled and that the petition go back to.the Planning Commission-for'rezoning of the area where the major tyy' _of the people wamted Pi., The Attorney informed the -Council that :they had a right to modify, deny or approve a rezone petition. 'Thereupon Councilman. Pinkley withdrew his second and Councilman B. Smith withdrew his motion. R1 zoning Thereupon it was moved by Councilman Pinkley, seconded by approved Councilman Meyers, and unanimously carried that the area between 16th Street and the northerly boundary of Cambridge Circle and between Tustin and Irvine Avenues be approved for Rl zoning as recommended by -the Planning Commission. Thereupon first reading was given to Ordinance No. 281, being ORDINANCE 28.1 AN ORDINANCE OF THE CITY COUNCIL OF -THE CITY OF COSTA MESA lst reading AMENDING SECTION 3.2 OF ARTICLE III OF ORDINANCE NO. 32 OF SAID CITY, CHANGING THE ZONING OF AN AREA BETWEEN TUSTIN AND IRVINE AVENUES AND BETWEEN EAST 16TH STREET AND A LINE 330.15 FEET SOUTHERLY OF AND PARALLEL TO THE CENTERLINE OF EAST 17TH STREET, upon motion by Councilman Pinkley, second- ed by Councilman Meyers,. and carried. It was moved by Councilman B. Smith, seconded by Councilman Meyers; and, carried, that the action of the Planning Commission in Rezone Petition 90 for approval of R1 zoning between 15th and 16th Streets and between Santa Ana and Tustin Avenues be overruled and no change be made in the rezoning of this area. The Mayor declared a five minute recess and the meeting reconvened at 9:05 p.m. REPORTS The City Engineer presented an Agreement, a Bond in the amount Engineer of $17,200.00 and Fees in the amount of $1,515.61 for the Block E, cost of the Street Improvements, Water System, and Sewer Fairview Tract System in Block E, Fairview Tract in the City of Costa Mesa, for Kenkol Investment Company, Inc. Upon motion by Council- man Pinkley, seconded by Councilman Rea and carried, the fee and bond were accepted and the Mayor and City Clerk authorized to sign the -Agreement. Director of The Director of Public Works presented an Agreement with the Public -Works County of Orange for the maintenance of the proposed traffic Maintenance signals at Harbor and Baker and Harbor and Fair Drive. Upon Agreement with motion by Councilman B. Smith, seconded by Councilman County Pinkley, the agreement was approved, and the City Clerk and Mayor authorized to sign said agreement on behalf of the City. Departmental Upon motion by Councilman Pinkley, seconded by Councilman Reports Rea, and carried, the -following reports were received and ordered filed: Audit of Accounts for the period July 1, 1959 through September 30, 1959;- Finance for 2 free permits; Planning; Civil Defense; Poundmaster; Building; Street; Fire; Police. Refund of cash A communication was read from the Assistant City Engineer, bond Frank 0. Myers, stating that the improvements had been Potter completed at 2363 A, B, C, D, Westminster Place for Donald S. Potter, and he recommended refund of the cash bond of $700.00. Thereupon it was moved by Councilman Pinkley, seconded by Councilman. B. Smith, that refund of cash bond in the amount of $700.00 be granted -to Donald S. Potter. Motion carried by the following roll call vote: AYES : ,Councilmen: Rea, Pinkley, Meyers, B. Smith, J. Smith NOES: Councilmen: None ABSENT: Councilmen: None Refund of Permit A communication was read from Henry F. Cyr requesting re - Cyr fund on Plumbing Permits 19866 and 22875, together with .the recommendation of the Building Official that Permit 19866 expired and no refund -recommended and that -Permit 22876 be recommended for refund of $2.88 which is computed as per Section 7 of Ordinance No. 31 Thereupon it was moved by Councilman B. Smith, seconded by Councilman Pinkley that refund of $2.88 be granted as recommended. The motion carried by the following roll -call vote: AYES: Councilmen: Rea, Pinkley, Meyers, B. Smith, J. Smith NOES: Councilmen: None ABSENT: Councilmen: None 1 1 1 Rezone No. 89 Upon motion by Councilman B. Smith, seconded by Council- man Pinkley, and carried; second reading was given to ORDINANCE NO. 278 Ordinance No. 278, being AN ORDINANCE OF THE CITY COUNCIL. 2nd reading OF THE CITY OF COSTA MESA AMENDING SECTION 312 OF ARTICLE III OF ORDINANCE N0. 32 OF. SAID CITY, CHANGING THE ZONING OF.THE AREA BETWEEN EAST 19TH STREET AND EAST 20TH STREET, BETWEEN IRVINE AVENUE AND RAYMOND AVENUE, FROM R4 TO Rl. Thereupon it was moved by Councilman Pinkley, seconded by Councilman B. Smith that Ordinance No. 278 be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Rea, Pinkley, Meyers, B. Smith, J. Smith NOES: Councilmen:. None ABSENT: Councilmen: None ORDINANCE NO. 279 Upon motion by Councilman Pinkley; seconded by Councilman 2nd reading Rea, and,carried, second reading was given to Ordinance No. Fair Drive a 279, being AN ORDINANCE OF THE -CITY COUNCIL'OF THE CITY OF Through Street COSTA MESA DECLARING -FAIR DRIVE BETWEEN HARBOR.BOULEVARD AND FAIRVIEW AVENUE A THROUGH STREET AND AMENDING SECTION 171 OF ARTICLE XIV OF ORDINANCE NO. 44. Thereupon it was moved by Councilman.. Pinkley, seconded by Councilman B. Smith, that Ordinance No. 279 be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Rea, Pinkley, Meyers, B. Smith, J. Smith NOES: Councilmen: None ABSENT: Councilmen: None Variance No. 676 Variance No. 676, being the application of Floyd Marsh, 'Withdrawn 1726 Orange Avenue, to permit encroachment of 9.00 feet Marsh into the required 25.00 foot rear yard setback at 1712 Orange Avenue was presented, together with the request df the applicant for withdrawal. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Meyers, and carried that Variance No. 676, be_withdrawn. Rezone No. 91 Upon motion by Councilman Pinkley, seconded by Councilman Dike &-Colegrove Meyers, and carried, Rezone Petition No. 91, being the referred to petition of Dike and Colegrove, Inc. to rezone from M1 and Planning M1 -A to R1 property bounded on the south by Gisler Street; Commission on the West and North by the Orange County Flood -.Control Channel; and on the East by Tract 3403, was referred to the Planning Commission. PUBLIC HEARING - Upon motion by Councilman Pinkley, seconded by Councilman December 21, 1959 B. Smith, and carried, Public Hearing for Planning Commission 7:30 o'clock p.m. Resolution 6 for the adoption of a precise plan for the Planning Comm. extension of Darrell Street, was set for December 21, 1959,. Resolution 6 at the hour of 7:30 o'clock p.m. or as soon thereafter as Darrell Street possible ;in the Council Chambers. PUBLIC HEARING Rezone Petition No. 88, initiated by the Costa Mesa Plannir�g, January 4, 1960 Commission to rezone from R4 to Rl, property between 22nd and 7:30 o'clock p.m. 23rd Streets and between Orange and Santa Ana Avenues was Rezone 88 presented to be set for Public Hearing, together with a communication from Alan T. Lorenze, attorney for the opponents requesting a January hearing. Thereupon it was moved by Councilman Pinkley, seconded by Councilman B. Smith, and carried, that -Public Hearing be set for January 4, 1960, at the hour of 7:30 o'clock p.m. or as soon thereafter as possible in the Council Chambers at City Hall. Tentative Tract Tentative Tract Map No. 3603, being the subdivision of A. E. 3603 Tiffany, 660 West 17th Street, to divide property into 5 lots Tiffany located on the south side of Park Drive, 208.70 feet west- erly from the center line of Pomona Avenue, was presented together with the recommendation of the Planning Commission for approval subject to all the requirements of the City Engineer, dated November 23, 1959• Thereupon it was moved by Councilman B. Smith, seconded by Councilman Rea, and carried, that Tentative Tract 3603 be approved subject to the recommendations of the Planning Commission. Right of Way Deeds Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, a right of way deed.dated November 19, 1959, from Louis and Ruth E. Mello for .that certain street down as Thurin Avenue was received and ordered placed on record by. the following roll call vote AYES: -Councilmen: Rea, Pinkley, Meyers, B. Smith, J. Smith NOES: Councilmen: None .ABSENT: Councilmen: None Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, a right of way deed dated November 17, 1959, from Ernest and Lena H. Hagen for that certain street known as Sunset Drive, was recieved and .ordered placed on record by the following roll call vote AYES:: Councilmen: Rea, Pinkley, Meyers, B. Smith, J. Smith NOES: Councilmen None ABSENT: Councilmen: None Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, a right of way deed dated November 19, 1959, from Lyle E. and Fxances Sara Van.de-Walker for that certain street known as Virginia Place, was recieved and ordered placed on record by the following roll call vote: AYES: Councilmen: Rea, Pinkley, Meyers, B. Smith, J. Smith NOES: Councilmen: None ABSENT: Councilmen: None Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, a right of way deed dated November 2, 1959, from Macco Corporation for that certain street known as Street "A" in Tract 3470, was received and ordered placed on record by the following roll call vote: AYES: Councilmen: Rea, Pinkley, Meyers, B. Smith, J. Smith NOES:. Councilmen: None ABSENT: Councilmen: None Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, three -right -of way deeds dated November 10, 1959, from California Bank, as Trustee of Employees' Trust, Babcock Radio Engineering, Inc. for that certain street known as Street "A" north and south between Monrovia and Placentia, (3 deeds -AP 116-300-19, 116-300-27, 116-252-1) were received and ordered placed on record by_the following roll call vote; AYES: Councilmen: Rea, Pinkley, Meyers, B. Smith, J. Smith NOES:. Councilmen: None ABSENT: Councilmen: None Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, two -.right of way deeds dated November 4, 1959, from Babcock Radio Engineering, Inc. for that certain street known as Street "A" north and south between Monrovia and Placentia (2 deeds - AP 116-252-3, 4, 116-300-26) were received and ordered placed on record by the following roll call vote: AYES: Councilmen: Rea, Pinkley, Meyers, B. Smith, J. Smith NOES:_ Councilmen: None ABSENT: Councilmen: None Upon motion -by Councilman B. Smith, seconded by Councilman Pinkley, a right of way deed dated Apr i.l % 1959, from Parts Exchange Company of San Francisco, for that certain street known as Twentieth Street, was received and ordered placed on record by the following roll call vote: AYES: -Councilmen: Rea, Pinkley, Meyers, B. Smith, J. Smith NOES: Councilmen: None ABSENT: Councilmen: None ..mss`= - Variance 688 Variance application No. 688, being the application of Forbes-Fruehling Robert Forbes and George S. Fruehling, 115 Cabrillo, to permit encroachment of 10 feet into required 50 feet front yard setback, located on the northwest corner of Bay Avenue and Fullerton Streets, Costa Mesa, was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) All the requirementscf the Department of Building Safety; 2) That sidewalks be installed along Bay and Fullerton and the necessary street improvements installed under the direction of the City Engineer; 3) that -a Record of Survey be sub- mitted by the applicants. Thereupon it was moved by Council- man B. Smith, seconded by Councilman Pinkley, and carried, that the Variance be approved as recommended. PERMITS Upon motion by Councilman Pinkley, seconded by Councilman Rea, and carried permit was granted to the Newport Harbor Y's Mens'for a Christmas Tree Lot at 2302 Newport Boulevard from December 8 to December 24. Upon motion by Councilman Pinkley, seconded by Councilman B. Smith, and carried permit was granted to Wagon Wheel, 1830 Newport Boulevard, for a yearly dance permit between the hours of 9:00 p.m. to'1:00 a.m�: nightly, subject to the approval of the Chief of Police. Upon motion by Councilman B. Smith, seconded by Councilman Meyers, and carried a permit for one year was granted to Lee Toncray for a house trailer for a night watchman at 1650 Superior Avenue. Warrant Upon motion by Councilman Pinkley, seconded by Councilman Resolution No. Meyers, Warrant Resolution No.191 including Payroll No. 133 191 was adopted by the following roll call vote: AYES: Councilmen: Rea, Pinkley, Meyers, B. Smith, J. Smith NOES: Councilmen: None ABSENT: Councilmen: None Written Upon motion by Councilman Pinkley, seconded by Councilman Communications B. Smith, the Resolution of the Board of Supervisors of Orange County dated November 24, 1959 concerning the in- clusion of Orange County by name in the Los Angeles Metropolitan Area, was taken under consideration. Septic Tank A communication was read from Jim Cooper Trailer Sales Cooper Trailer located at 2011 Harbor, Costa Mesa, requesting permission Sales to install a temporary septic tank for the purpose of checking out new and used trailers at said address was presented. Discussion was held on the jurisdiction of the Council of this matter. The City Attorney informed the applicant that he would have to secure the permission of the Orange County Health Department for approval of the installation of a septic tank and if granted approval a permit could be secured from the Building Department. Mr. Cooper stated he would contact the Health Department for approval. Traffic Signal A communication was read from the Costa Mesa Traffic Baker & Fairview Commission recommending a traffic signal, as warranted by a traffic count, be placed on the priority list for the installation at Baker and Fairview and that as a temporary measure, an overhead signal be installed. The City Manager informed the Council that he did not know if sufficient funds were available for the installation cost, even though the ,: signals were available from a previous location. Thereupon it was moved by Councilman Pinkley, seconded by Councilman B. Smith, and carried, that the City Manager be authorized to proceed with the installation of a temporary signal at the time the money becomes available. A. B. C. Upon•motion by Councilman Pinkley, seconded by Councilman Meyers, and carried the reports of the Alcoholic Beverage Control for a New off -sale beer and wine license for Pink Kitchen, 2300 Harbor Boulevard, and a new on -sale beer and wine license for Ye Harbour Inn, 2023 Harbor Boulevard, be received and ordered filed. City Manager's The City Manager reported that the bids had been checked and Report he found that inasmuch as there was such a difference in Award of Bids bid amounts between Motorola and General Electric that he Radio equipment would recommend they be deferred for study. Thereupon '.deferred for it was moved by Councilman Pinkley, seconded by Councilman study. B. Smith, and carried that the bids be deferred to the next regular meeting for study. The City Manager reported that Miller Chevrolet Company with the bid in the amount of $2,019.61 was the lowest and best bid for Item 5 and that Theodore Robins bid in the amount of $2,865.62 for Item No. 4 was the lowest bid com- plying with the specifications. Thereupon it was moved by Councilman Pinkley, seconded by Councilman B. Smith that the bid for Item 5 be awarded to Miller Chevrolet being the lowest responsible bid complying with the specifications and that the bid for Item No. 4 be awarded to Theodore Robins being the lowest responsible bid complying with the specifications. The motion carried by the following roll call vote: AYES., --Councilmen:- -Rea, Pinkley, Meyers, B. Smith, J. Smith NOES: Councilmen: None ABSENT: Councilmen: None Adjournment Upon motion by Councilman Pinkley, seconded by Councilman J. Smith, and carried the meeting was adjourned at 9:35 P.M. Ma of the City of Costa Mesa ATTEST: City Clerk of the Cit of Costa Mesa 1 1