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HomeMy WebLinkAbout04/16/1956 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA April 16, 1956 AYES: Councilmen Martin, Pinkley, Smith, Nelson, Meyers NOES: Councilmen - None ABSENT: Councilmen - None At this point in the meeting C. Pinkley left the room. STREET IMPROVEMENT Mayor Nelson asked if there was anyone in the audience wishing to be PETITTION heard. Thereupon Mr. E. L. Patterson submitted a petition for the im- (Virginia, Cecil provement of Virginia Place, Cecil Place and Albert Place within the & Albert Place) City of Costa Mesa, said petitions having.been duly signed by 60% or more of the property owners in the area. Upon motion by C. Smith, second- ed by C. Pinkley, and unanimously carried, the petition was referred to the City Clerk for Certification. _Mr. Matthew Luth, 285 Walnut Place, addressed the Council regarding two parcels of land that he and two other owners had for sale between 20th and 22nd Streets and between Orange and Santa Ana Avenues, request- ing an explanation as to why prospective buyers, after checking with the Planning Commission and the City Engineer, refused to purchase the property. C. Nelson advised that the reason for this situation reverts to the faulty drainage of this area, the improvement of which is a joint venture between the City and the County. The County will not take action to remedy this situation until after the outcome of the Bond Election in June, after which the City and County will work to- gether to improve this area. Mr. Dungan advised that the respective property owners were not prohibited from improving the drainage on their own property, providing their proposal meets with the approval of the City Engineer. WRITTEN A communication was read from Margaret Murray, advising the Council COMAiUNICATIONS that pursuant to a meeting of City 'Employees, held on April 10, 1956, The City Council of the City of Costa Mesa, California, met in regu- lar session at 7:30 P.M., April 16, 1956, at the Newport Justice Court, 567 West 18th Street, Costa Mesa. The meeting was called to order by Mayor Nelson, followed by the Pledge of Allegiance to the Flag and Invocation by Councilman Bruce Martin. ROLL CALL Councilmen Present: Martin, Pinkley, Smith, Nelson and Meyers Councilmen Absent; None Officials Present: City Attorney, City Clerk, City Manager, City Treasurer Minutes Upon motion by C. Pinkley, seconded by C. Smith, and unanimously carried, the reading of the minutes of April 2, 1956, and April 9, 1956, was waived, and they were approved as written. Mayor Nelson announced that the Public Hearing which has been duly published and set for this time and date for an Amendment to the Zon- ing Ordinance as described in Rezoning Petition No. 11, was now open. The petition was submitted in the name of Lido Plumbing, 1530 Placenr Rezoning Petition tia Street, for the rezoning of a portion of Tract #653, bounded on No. 11 the North by Victoria Street and on the West by Canyon Drive, from R4 LIDO PLUMBING to M1, asper map submitted with Rezoning Petition No. 11. The Clerk reported that proof of the Notice of Public Hearing is on file in the. office of the City Clerk, and that no written protests had been re- ceived. Mayor Nelson asked if there was anyone in the audience wishing to be heard. There being no oral or written protests, C. Meyers moved the hearing be closed. The motion was seconded by C. Martin and unani- mously carried. Thereupon C. Pinkley moved that the City Attorney be'authori- zed to draft the Amendment to Ordinance #32, incorporating the recommen- dation of the Planning Commission that a 75, setback linegbe established from the center of Victoria Street. The motion was secorAed by C. Meyers and carried by the following roll call vote: I AYES: Councilmen Martin, Pinkley, Smith, Nelson, Meyers NOES: Councilmen - None ABSENT: Councilmen - None At this point in the meeting C. Pinkley left the room. STREET IMPROVEMENT Mayor Nelson asked if there was anyone in the audience wishing to be PETITTION heard. Thereupon Mr. E. L. Patterson submitted a petition for the im- (Virginia, Cecil provement of Virginia Place, Cecil Place and Albert Place within the & Albert Place) City of Costa Mesa, said petitions having.been duly signed by 60% or more of the property owners in the area. Upon motion by C. Smith, second- ed by C. Pinkley, and unanimously carried, the petition was referred to the City Clerk for Certification. _Mr. Matthew Luth, 285 Walnut Place, addressed the Council regarding two parcels of land that he and two other owners had for sale between 20th and 22nd Streets and between Orange and Santa Ana Avenues, request- ing an explanation as to why prospective buyers, after checking with the Planning Commission and the City Engineer, refused to purchase the property. C. Nelson advised that the reason for this situation reverts to the faulty drainage of this area, the improvement of which is a joint venture between the City and the County. The County will not take action to remedy this situation until after the outcome of the Bond Election in June, after which the City and County will work to- gether to improve this area. Mr. Dungan advised that the respective property owners were not prohibited from improving the drainage on their own property, providing their proposal meets with the approval of the City Engineer. WRITTEN A communication was read from Margaret Murray, advising the Council COMAiUNICATIONS that pursuant to a meeting of City 'Employees, held on April 10, 1956, r";rnployeesI it is the intention of said employees to form an Employeest Association, Association and inviting attendance to the meetings, which dates will be established Code with the adoption of the By -Laws. Upon motion by C. Meyers, seconded by C. Martin, and unanimously carried, the letter was ordered filed. 'Ififtstrial A communication was read from the Realty Board suggesting that an Indus- ,Cbm ittee trial Committee be appointed from members of the Realty Board residing in Costa Mesa to perform the -duties of the contemplated Industrial Liason Officer, said Committee to serve without salary, the cost to the City being only that of advertising and the services of a Secretary. Upon motion by C. Smith, seconded by C. Meyers, and unanimously carried, the WEED ABATEMENT letter was accepted and referred to the Screening Committee for considerar tion. Origin & Desti- A communication was read from the Department of Public Works advising that nation Survey arrangements are being made for an Origin and Destination Survey of the Costa Mesa�Newport Beach area, and setting forth their subsequent action. Upon motion by C. Pinkley, seconded by C. Martin, and unanimously carried, the letter was ordered filed. C") At this point in the meeting, C. Pinkley returned to the`Council table. A communication was read from the Public Utilities Commission, State of California, pertaining to a general increase in gas rates. After deter- mining that this was actually an.appeal to a previous decision in this respect; and that there was little the City could do at this time, C. Smith moved that the communication be ordered filed. The motion was seconded by C. Meyers and unanimously carried. Treasurerts Upon motion by C. Pinkley, seconded by�C. Smith, and unanimously carried, Report the Treasurer's Report for the month of March was accepted and ordered filed. Fiscal Officer's Upon motion by C. Smith, seconded by C. Pinkley, and unanimously carried, Report the Fiscal Officer's Report of Cash Receipts and Disbursements for the month of March, 1956, was.accepted as written and ordered filed. Police Deptt. Upon motion by C. Smith, seconded by C. Pinkley, and unanimously carried, Report the Summary of Police Activities for the month of March, 1956, was accepted and ordered filed. ORDINANCE #127 Ordinance No. 127, "AN ORDINANCE OF THE CITY OF COSTA MESA AMENDING Uniform Building ORDINANCE NO. 110." was presented for second reading. Following reading Code of the title only, C. Smith moved that further reading be waived and that it be read by title,only. The motion was seconded by C. Pinkley, and unanimously carried. Thereupon C. Smith moved the adoption of Ordinance #127. The motion was seconded by C. Pinkley and carried by the following roll call vote: AYES: Councilmen Martin, Pinkley, Smith, Nelson and Meyers NOES: Councilmen - None ABSENT: Councilmen - None WEED ABATEMENT Upon motion by C. Pinkley, seconded by C. Smith, and unanimously carried, the City Manager was authorized and instructed to take a count and em - ,ploy the necessary help for'the weed abatement program. Resignation from The City C1erk'read a letter from Walter Weimer tendering his resignation .P/C - Weimer as a member of the Planning Commission, effective April 16, 1956. Upon motion by C. Smith, seconded by C. Martin, and unanimously carried, Mr. Weimer's resignation was accepted, and the City Clerk authorized and in- structed to write a letter of appreciation for the years of valuable ser- vice rendered the City by Mr. Weimer. At this point in the meeting, Mr. Donald I. Huddleston, 173 E. 17th Street, speaking for Pete Geddes, who could not be present, highly praised the competency of Mr.'Weimer and Mr. Patterson. Resignation from, A letter was read from E. L. Patterson tendering his resignation as a P/C - Patterson member.of the Planning Commission, effective April 16, 1956: Upon motion. by C. Pinkley, seconded by C. Smith, and unanimously carried, Mr. Patter- sones resignation was accepted, and the City Clerk authorized and instructed to write a letter of appreciation for the years of val- uable service rendered the City by Mr. Patterson. Variance #203 Variance Application #203 was submitted in the name of Roy,Swanson, (Swanson)- 237 Avocado Street, requesting permission to use the East 622@ of - Lot 39, at the above address, as a trailer park. Mr. Swanson -ad- dressed the Council, submitting letters from adjacent property owners stating that they have no objections to the proposed park in the R4 zone. The Planning Commission recommended denial of the application, reasoning that the area is too small. After considerable discussion, C. Pinkley moved that the recommendation of the Planning Commission be overruled and that Variance Application #203 be approved. The motion was seconded by C. Smith, but failed by the following roll call vote: AYES: Councilmen Pinkley, Smith, Meyers NOES: Councilmen Martin, Nelson ABSENT: Councilmen - None Variance #202 Variance Application #202 was submitted in the name .of K. W. K0115 (K. W. Koll) 2826 Newport Boulevard, to permit the construction of four units on Lots 12 21 119 129 13 and 14 of Tract #2251, maintaining a front yard setback of 50, from c/1 of street and allowing a rear yard setback to 51 from property line. The following property owners in the surround- ing area addressed the Council in -protest, asking that the area be maintained as an R4 zone: Herbert W. Ward, 212 Rochester Street; Mr. Ludlum, 246 Rochester Street; Agnes Barnsley, owner of Lots 223 and 239; Frant Hruza, 226 Rochester Street, and Rose Kahanabish. Reasoning that it would -lower the value of the adjacent property, and upon rec- ommendation of the Planning Commission, C. Pinkley moved that the application be denied. The motion was seconded by C. Martin, and carried by the following roll call vote: AYES: Councilmen Martin, Pinkley, Smith, Nelson and Meyers NOES: Councilmen - None ABSENT: Councilmen - None Variance #208 Variance Application #208 was submitted in the name of Walter G. Beck (Beck and Shaw) and Lester'E. Shaw, 2083 Continental Avenue, to permit land use for a trailer park on portion of Lot 211, Newport Heights Tract, a C2 zone. The Planning Commission recommended withdrawal of the Application upon . request of the applicant. Upon motion by C. Smith, seconded by C. Meyers, and unanimously carried, the applicant was granted the privi- lege of withdrawing the Application. Variance #209 Variance Application #209 was submitted in the name of Florence M. (Shearer) `Shearer, 840 N. Garnsey, Santa Ana, requesting permission to construct a 7 -unit apartment building as per plans submitted for approval, ui.th a side yard encroachment to 71 and a front yard encroachment to 451, on the Northeast corner of Rochester and Orange, an R4 zone. The Plan- ning Commission recommended -denial, objecting to a 7 -unit structure on a 9,100 sq. ft. lot. Mr. Dominic lEncerti, 1228 N. Broadway, Santa' Ana, prospective buyer of the property in question, presented revised plans and pictures of a 5 -unit structure for the Councills considera- tion. After considerable discussion, it was moved by C. Martin, seconded by C. Smith, and unanimously carried, that the applicant resub- mit the drawings to the Planning Commission as a Revised Plan on the same Application. Variance #210 Variance Application #210 was submitted in the name .of Marie Hein- (Heinmiller) miller, 189 Del Mar Street, for permission to design custom-made hats in her home at the above address, an R4 zone. Upon motion by C. Smith, seconded by C. Meyers, and unanimously carried, the Application was approved.upon recommendation of the Planning Commission that it be restricted to a home occupation permitting no employees and no retail sales on the premises. Variance #211 Variance Application #211 was submitted in the name of Dr. Donald J. (Garich) Garich, P. 0. Box 176, for an encroachment to within 51 from rear property line at 230 Cottage Place, an R4 zone. Upon recommendation of the Planning Commission, and upon motion by C. Pinkley, seconded by C. Martin, and unanimously carried, the Application was approved. Variance #212 Variance Application #212 was submitted in the name of Donald I. Huddles - (Huddleston) ton, P. 0. Box 61, to permit a rear yard encroachment to 15141► at 191 -East 17th Street, a C2 zone. Upon recommendation of the Planning Commis- sion, and upon motion by C. Smith, seconded by C. Pinkley, and unanimously carried, the Application was approved. Variance #213 Variance Application #213 was submitted in the name of Robert Batterton, (Batterton) 2129 Harbor Boulevard, requesting rear yard setback of 101 from rear of house and garage to rear property line, on land lying 660, south from c/1 of Wilson Street on the west side of Pomona Avenue, an R4 zone. Upon recommendation of the Planning Commission, and upon motion by C. Smith, seconded by C. Meyers, and unanimously carried, the Application was ap- proved. Variance #214 . Variance Application #214 was submitted in the name of Clement L. Maitre- (Maitrejean) jean, 192 - 22nd Street, requesting a side yard encroachment to 31 on attached garage at the same address, .an R4 zone. Upon recommendation of e=* CYD the Planning Commission, and upon motion by C. Pinkley, seconded by C. Martin, and unanimously carried, the Application was approved. per' PERMITS A communication was read from the Fiscal Officer requesting Council approval to draw a warrant in the amount of $3.00, refund to Lad ,n Lassie Studio, to be added to Warrant Resolution #WR -79, to revoke Business License #4233, said revocation being necessary because of a misunderstanding at the time of application. Upon motion by C. Smith, seconded by C. Meyers, permission to write a refund in the amount of $3.00 was granted by the following roll call vote: ADJOURNMENT 1 AYES: Councilmen Martin, Pinkley, Smith, Nelson and Meyers NOES: Councilmen - None ABSENT: Councilmen - None Warrant Resolution No. WR -79, including Payroll #43, was presented for approval. On motion by C. Pinkley, seconded by C. Martin, Warrant Reso- lution WR -79 was adopted by the following roll -call vote: AYES: Councilmen Martin, Pinkley, Smith, Nelson and Meyers NOES Councilmen - None ABSENT: Councilmen - None Upon motion by C. Smith, seconded by C. Meyers, and unanimously carried, the meeting was adjourned at. 8:45 P.M. --until 12:00 noon Tuesday, April 17, 1956. . 7f-2"' ayor of the City of Costa Mesa ATTEST: City Clerk of the ity' of Costa Mesa