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Home My WebLink About06/03/1957 - City Council03-84 Roll Call Minutes REGTJLAR MUTING OF THE CITY COUNCIL CITY OF COSTA MESA June 3, 1957 - The City Council of the City of Costa Mesa, California, met in regular session at 7:30 p.m., June 3, 1957, at the Newport Justice Court, 567 West 18th Street, Costa Mesa. The meeting was called to order by Mayor Nelson, followed by the Fledge of Allegiance to the Flag and Invocation by Reverent Joseph 19. McShane. Councilmen Present: Martin, Pinkley, Smith, Meyers, Nelson Councilmen Absents None Officials Presents City Clerk, Deputy City Clerk, City Attorney Director of Finance, City Treasurer Upon motion by Councilman Smith, seconded by Councilman Pinkley, and unanimously carried, the reading of the minutes of the regular meeting of May 20, 1957, was waived, and they were approved as written. PUBLIC HEARING Mayor Nelson announced that the Public Hearing which had been duly (CONTINUED) published and set for May 20, 1957, and which was continued to this Petition #24 date, for an amendment to the Zoning Ordinance as described in Rezoning Rezoning Petition No. 24, was again open. The Petition was submitted in the name (Narmco, Inc.) of Glenn G. Havens, dba Narmco, Inc., 600 ;Test Victotia Street, request- ing the rezoning of the east one-half of Lot 36, Fairview Farms Tract,'being 785617 square feet of property west of Harbor Boulevard on Victoria Street, from R-4 to Ml -A. The Deputy Clerk read the recommendations of the Planning Commission as to restrictions to be imposed in connection with the proposed MI -A zoning of this area, which were submitted pursuant to Council request. The Deputy Clerk reported that no further written protests had been received relative to Rezoning Petition #24, and Mayor Nelson asked if there was anyone in the audience wishing to speak. Thereupon Robert C. Hauge, 2221 Anaheim Avenue, advised the Council that he is in complete accord with the recommendations of the Planning Commission, and that if they are carried out he would withdraw all protest to the Petition. Hearing Closed All persons having been given full opportunity to be heard, and no one else wishing to speak, it wa.s moved by Councilman Pinkley, seconded by Councilman Martin, and unanimously carried that the Public Hearing be closed. The restrictions recommended by the Planning Commission were next considered for acceptance, the discussion being centered on the wall to be constructed along the westerly property line. Mr. von -Ehrenberg felt that a masonry wall was not necessary; Mr. Hauge felt that it was essential. After considerable discussion, Councilman Smith moved that Item #4 be amended to require a suitable opaque fence of an architectural design in keeping with the surrounding neighborhood, the design to be approved by the Council, and that, with this exception,, the -recommenda- tions of the Planning Commission be accepted. the motion was seconded by Councilman Meyers, but failed by the follocring roll call votes AYES: Councilmen - Smith, Meyers NOES: Councilmen - Martin, Pinkley; Nelson ABSENT: Councilmen - None Councilman Martin then moved that the Council approve the recom- mendations of the Planning Commission as submitted. The motion was seconded by Councilman Pinkley, and carried by the following roll call votes AYES: Councilmen - Smith, Meyers, Martin,_Pinkley, Nelson NOES: Councilmen - None ABSENT; Councilmen - None ORDINANCE NO. 166 The Deputy Clerk here read the proposed Ordinance rezoning the Rezoning to area described in Rezoning Petition #24 to 141-A. Thereupon Councilman M1 -A Smith moved that this constitute the first reading of Ordinance No. 166, (1st Reading) "AAT ORDINANCE AMENDING SECTION 3.2 OF ARTICLE III OF ORDINANCE NO. 32 OF THE CITY OF COSTA MESA, CALIFORNIA, ENTITLED "AN ORDINANCE OF TIE CITY OF COSTA MESA ESTABLISHING LAND CLASSIFICATIONS IN DISTRICTS WITH- IN THE INCORPORATED TERRITORY OF THE CITY OF COSTA MESA AND REGULATING 585' THE USE OF PROPERTY THEREIN, ADOPTING A MAP OF SAID DISTRICTS, DEFINING THE TERMS USED IN THIS ORDINANCE, PROVIDING FOR THE ADJUSTM'EN'T, ENFORCE- MENT AND AMENDMENT HEREOF, AND REPEALING ORDINANCES AND PARTS OF ORDIN- ANCES INCOSISTENT AND IN:CONFLICT HERELALTH." The motion was seconded by Councilman Meyers, and carried by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Nleyers,Nelson NOES: Councilmen - None ABSENT: Councilmen - None Written Upon motion by Councilman Smith, seconded by Councilman Meyers, and Communications unanimously carried, a permit was granted to Hal Zeiger, 522 North Rossmore, Los Angeles 4, to conduct a one-night public dance at the Orange County Fairgrounds on either June 14th, June 15th, June 21st or June 22nd. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and unanimously carried, a communication from the Department of Alcoholic Beverage Control regarding a premises to premises transfer on an off - sale general liquor license for Wiegand's Food Market, 238. Newport Boulevard, was ordered filed. Upon motion by Councilman Smith, seconded by Councilman Pinkley, and unanimously carried, a communication from the Alcoholic Beverages Con- trol regarding issuance of an on -sale beer license to•Jay R. StottlerrI37re, for use at 420 East 17th Street, was ordered filed. Upon motion by Councilman Pinkley, seconded by Councilman Smith, and unanimously carried, a request submitted in the name of Dan A. Jacobsen, 1802 Orange Avenue, for severance damages in the amount of $50.00 on property located at 766 West 19th Street in connection.with the 19th Street Improvement, was referred to the City Attorney and City Engineer for investigation. The Deputy Clerk read the official count of the returns of the Special Census taken as of May 1.,-1957: Upon motion by Councilman Pinkley, seconded by Councilman Martin, and unanimously carried, the communication was ordered filed. Upon motion by Councilman Smith, seconded by Councilman Pinkley,. and unanimously carried the following departmental reports for the month of May, 1957, were received as submitted and ordered filed: Fire, Street, Civil Defense, Planning, Pound, Building and Police. The motion also included the Report of Free Permits issued during the month of May, 1957, by the Director of Finance. Final Map The City Engineer presented the final map of Tract No. 3239, submitted TRACT x#3239 in the name of Frank J. O'Conner, 442 West 19th Street, Costa -Mesa, for (O'Conner) the subdivision of five acres west of Harbor Boulevard between Wilson and Victoria Streets into 24 lots, together with a check in the amount of $17,600.00 in lieu of bond, a certified :check in the amount of 91,710.33, and signed Agreement. RESOLUTION #368 Thereupon Councilman Smith moved the adoption of Resolution No. 3685 'IA RESOLUTION OF THE CITY COUNCIL THE CITY OF COSTA MESA APPROVING THE, MAP OF TRACT NO. 3239 AND ACCEPTING .THE STREETS AND ALLEYS SHOWIN THEREON FOR PUBLIC USE FOR HIGHWAY PURPOSES AND AUTHORIZING THE CITY CLERK TO SIGN SAID MAP AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT." The motion was seconded by Councilman Pinkley, and Resolution No. 368 was adopted by the following roll call vote: AYES: 06ur_cilmen-Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None ORDINANCE #165 Ordinance No. 1655 "AN ORDINANCE OF =THE CITY OF COSTA MESA, CALIFORNIA, Creating M1 -A AMENDING ORDINANCE NO. 32 ENTITLED "AN ORDINANCE, OF THE CITY OF COSTA Zone MESA ^STABLISHING LAND CLASSIFICATIONS IN DISTRICTS WITHIN THE IN - (2nd Reading) CORPORATED TERRITORY OF THE CITY OF COSTA MESA AND REGULATING TIE USES OF PROPERTY THEREIN, ADOPTING A MAP OF SAID DISTRICTS, DEFINING THE TERMS USED IN THIS ORDINANCE, PROVIDING FOR THE ADJUSTMENT, ENFORCEMENT AND AMENDMENT HEREOF,PRESCRIBING PENALTIES FOR VIOLATION HEREOF, AND REPTEXLING/ORDINANCES AND PARTS OF ORDINANCES INCONSISTENT AND IN CON- PLICE HERM ITH." was presented for second reading. Following reading of the title, Councilman Pinkley moved that further reading be waived and that it be read by title only. The motion was seconded by Council- 5801 man Meyers, and unanimously carried. Thereupon Councilman Pinkley moved the adoption of Ordinance No. 165. The motion was seconded by Councilman Meyers, and Ordinance No. 165 was adopted by the follow- ing roll call voter AYES: Councilmen Martin, Pinkley, Smith, Meyers, Nelson NOS: Councilmen - None ABSENT: Councilmen - None Petition #25 The Deputy Clerk read the recommended restrictions of the Planning Rezoning Commission in connection with the proposed M1 -A zoning of this area, which recommendations were requested by the Council on May 20th. Mayor Nelson asked if there were any in the audience wishing to speak in this Petition x#26 regard, whereupon Dale Hollingworth, 121.2 East Maple Avenue, dis- Rezoning cussed the above recommendations with the Council. After consider- (Killion) able discussion, Councilman Smith moved that the report of restric- tions recommended by the Planning Commission in connection with Re- Hearing Set zoning Petition No. 25 be accepted, with the added stipulation that the building setback line shall be 1001 from the centerline of Maple Avenue, that ingress and egress shall be only on Maple Avenue, and that Petition #28 the curbs and gutters be installed and the area paved to the existing Rezoning street. The motion was seconded by Councilman Meyers, and unanimously (Narmco, INc.) carried. ORDINANCE #167 Thereupon Ordinance No. 167, "AN ORDINANCE AMENDING SECTION Rezoning to 3.2 OF ARTICLE III OF ORDINANCE NO. 32 OF THE CITY OF COSTA MESA, CALI- Ml-A FORNIA, ENTITLED "AN ORDINANCE OF THE CITY OF COSTA MESA ESTABLISHING (1st Reading) LAND CLASSIFICATIONS IN DISTRICTS WITHIN THE INCORPORATED TERRI^lORY OF THE CITY OF COSTA MESA AND REGUTATIM THE USES OF PROPERTY THEREIN, ADOPTING A MAP OF SAID DISTRICTS, DEFINING TIE TERMS USED IN THIS ORDINANCE, PROVIDING FOR THE ADJUSTMENT, ENFORCEMENT AND A14ENDMENT HEREOF, PRESCRIBING PENALTIES FOR VIOLATION HEREOF, AND REPEALING ORDINANCES AND PARTS OF ORDINANCES INCONSISTENT AND IN CONFLICT HEREWITH." was introduced by Councilman Smith, which.Ordinance rezones the area in question to Ml -A. Following full reading of the Ordinance, section by section, Councilman Pinkley moved that this constitute the first reading of Ordinance No. 167. The motion was seconded by Councilman Martin, and carried by the following roll call vote: AYES: Councilman Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Report of Audit Upon motion by Councilman Martin, seconded by Councilman Pinkley, and of Accounts unanimously carried, the Report on Audit of Accounts of the City of Costa Mesa for the period July 1, 1956 through March 31, 1957, as prepared by Pyle, Lance & Schlinger, accountants, was accepted and ordered filed. Petition x#26 The Deputy Clerk presented Petition No. 26 submitted in the name of Rezoning Willard L. Killion, 3341 Newport Boulevard, Newport Beach, requesting. (Killion) the rezoning of 34 acres south of Baker Street between College Avenue and Fairvietirl Road from A-1 to M-1, together with the recommendations Hearing Set of the Planning Commission. Upon motion by Councilman Smith, seconded by Councilman Pinkley, and unanimously carried, the public hearing was - set for Monday, June 17, 1957, at 8:30 p.m. Petition #28 Rezoning Petition No. 28, submitted. in the name of Glenn G. Havens, Rezoning dba Narmco, INC., 600 West Victoria Street, requesting the rezoning of (Narmco, INc.) the south 1951 of the west 2 acres of the west 7 acres of Lot 37, Fairview Farms, from R-4 to Ml -A, was presented, together with the recommendations of the Planning Commission. Upon motion by Councilman Hearing Set Pinkley, seconded by Councilman Meyers, and unanimously carried, Rezon- ing Petition No. 28 was set for public hearing on Monday, June 17, 1957, at 9:30 p.m. Petition #29 Rezoning Petition No. 29, submitted in the name of Holmes and Soren - Rezoning son, 2574 Carnegie, Costa Mesa, requesting the rezoning of Lot 17, (Holmes and- Block "B", Berry Tract, from A-1 to 14-1, was presented together with Sorenson)the recommendations of the Planning Commission. Upon motion by Council'- man ouncil=man Pinkley, seconded by Councilman Smith, and unanimously carried, - Hearing Set Rezoning Petition No. 29 was set for public hearing on Monday, June 17, 1957, at 10:00 p.m. RESOLUTION #365 Councilman Pinkley moved the adoption of Resolution No. 365, "A RESO- Surplus Property LUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AUTHORIZING THE M�UTION OF WAREHOUSE ISSUE SHEET R-1013 WITH THE STATE EDUCATIONAL AGENCY FOR SURPLUS PROPERTY." The motion was seconded by Councilman 1 587 Smith, and after full reading by the Deputy Clerk, Resolution No. 365 was adopted by the following roll call voter AYE'S: Councilmen - Martin, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - Pinkley Petition 7131 The Deputy Clerk presented Petition No. 31 submitted by Alfred R. Rezoning Lorenz and Wizard Boats, Inc., 2065 and 2077 Charle Street, requesting ('Wizard Boats) the rezoning of a portion of Lot 32 of the Fairview Farms Tract, as per drawing attached to the application, from R-4 to C-2. Upon motion by Councilman Smith, seconded by Councilman Meyers, and unanimously carried, Rezoning Petition No. 31 was referred to the Planning Com- mission. Bond Releases Upon recommendation of the Assistant City Engineer, and upon motion by (G.E. Watson) Councilman Smith, seconded by Councilman Meyers, the Council accepted the improvements on Lot 242, Newport Heights Tract, which have been completed in accordance with plans and specifications, and ordered the Subdivision Bond posted by Gunnar E. Watson exonerated, by the follow- ing roll call vote: AYES: Councilmen - Smith, Meyers, Nelson NOES: Councilmen - Martin, Pinkley ABSENT: Councilmen - None Bond Release Upon recommendation of the Assistant City Engineer, and upon motion (Max Pope) by Councilman Smith, seconded by Councilman Meyers, the Council ac- cepted the improvements on Lot 242, Newport Heights Tract, which have been completed in accordance with plans and specifications, and ordered the Subdivision Bond posted by Max W. Pope exonerated, by the follow- ing roll call vote: AYES: Councilmen - Smith, Meyers, Nelson NOES: Councilmen - Martin, Pinkley ABSENT:- Councilmen - None Refund Request A request was submitted in the name of Hollis A. Foster, 1931 Anaheim (Hollis Foster)Avenue, for a refund of $72.00 on Plan Check #50.7, which is to be resubmitted as a duplex and single unit instead of a triplex. Upon recommendation of the Building Official, and upon motion byCouncilman Pinkley, seconded by Councilman Meyers, a refund in the amount of $p61.20, representing 85% of the total fees paid, was authorized by the following roll call vote.- AYES: ote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None -'-.1.. .. ABSENT: Councilmen - None RESOLUTION #369 Councilman Smith moved the adoption of Resolution No. 369, "A RESO- Transfer of LUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA LUTHORIZING THE Vehicular Equip- -EXECUTION OF AN AGREEMENT FOR TEMPORARY TRANSFER OF VEHICULAR EQUIP- ment MEbiT BY AND BETIMN THE STATE OF CALIFORNIA, CALIFORNIA DISASTER OFFICE, AND THE CITY OF COSTA MESA." which is -the annual renewal of the existing agreement for this purpose. The motion was seconded by Councilman Pinkley, and Resolution No. 369 was adopted by the following roll call vote: TENTATIVE MAP Tract #3270 (Dike & Colegrove) AYES: Councilmen - Martin, Pinkley,'Smith, Meyers, Nelson NOES: - Councilmen - None ABSENT: Councilmen - None Tentative Map of Tract No. 3270, submitted in the name of Dike and Cole - grove, 419 East 17th Street, for the division of five acres on Bay Street between Santa Ana Avenue and Westminster Avenue (Lot 224, Newport Heights Tract) into 24 lots, was presented for approval. Howard Trissel was present to discuss the plans with the Council. After considerable dis- cussion, Councilman Smith moved that Tentative Map of Tract No. 3270 be approved in accordance with the recommendations of the Planning Commission, on file in the office of the City Clerk, with the further provision that the developer shall take care of any additional drainage water created by the Tract in the manner designated by the City Engineer or the City Manager at the expense of the subdivider. The motion was seconded by Councilman Pinkley, and unanimously carried. Authorizing pay- The Deputy Clerk read a communication from the Laguna Beach County ment for main Uater District itemizing the charges incurred by them for preparing line transfer agreement of transfer of their main line from Superior Avenue to Huntington Beach to the City of Costa Mesa, the total amount being RESOLUTION #370 $1,410.00. Thereupon Councilman Martin moved the adoption of Reso- lution No. 370, "A RESOLUTION OF TI -TE CITY COUNCIL, CITY OF COSTA MESA, AUTHORIZING PAYMENT TO LAGUNA BEACH COUNTY WATER DISTRICT FOR CHARGES INCURRED BY MAIN LINE TRANSFER.' The motion was seconded by Council- man Pinkley, and Resolution:No. 370 was adopted by the following roll call vote: AYES: Councilman Martin, Pink -ley, Smith, Meyers, Nelson NOES: Councilmen -,None ABSENT: Councilmen.- None Variance #220-A Variance Application No. 220-A was submitted in the name of 'Elmer (Smith) B. Smith, 2133 Continental Avenue, requesting a 1 -year time exten- sion on Variance No. 220 and an amendment to a Oa rear yard setback, Variance No. 220 being for the use of a rear yard building for storage purposes on the west 841 of the east 328, of Lot 401, Newport Mesa Tract. Councilman Pinley moved that Variance Application No. 220-A be approved subject to the recommendation of the Planning Commission. The motion was seconded by Councilman Martin. After discussion, Council- man Pinkley amended the motion to include the stipulation that archi- tectural design shall be compatible with the surrounding area and shall be approved by the City Council. Councilman Martin accepted the amendment to the motion, and it carried unanimously. Variance #346 Variance Application No. 346 was submitted in the name of Frank C. (Richardson) Richardson, 4920 Meridian Street, Los Angeles, requesting a i51 en- croachment into front yard at 111 Cecil Place, a C-2 zone. Upon recommendation of the Planning Commission, and upon motion by Council- man Pinkley, seconded by Councilman Meyers, and unanimously carried, Variance Application No. 346 was approved. Variance #347 Variance Application No. 347 was submitted in the name of Richard A. (R.A. Huff) Huff, 477 3ast 22nd Street, for the construction of a fenced community containing a total of 33 units at 22nd Street and Orange Avenue, an R4 zone now lying vacant. Mr. Huff presented engineering sketches of the proposed development. Armand Hibbard was present and discussed with the Council and Mr. Huff an easement which he holds over the property in question. After considerable discussion, Councilman Smith moved that Variance Application No. 347 be approved subject to the recommendations of the PlanningCommission, on file in the office of the City Clerk, with the further stipulation that an agreement between Mr. Huff and Mr. Hibbard be executed and a signed copy filed with the City Clerk, the agreement to stipulate the arrangements for ingress and egress over the easement held by Mr. Hibbard. The motion was seconded by Councilman Meyers, and unanimously carried. Variance #348 Variance Application No. 348 was submitted in the name of K. W. Koll (K.`�'.Koll) Construction Company, Inc., 2826 Newport Boulevard, Newport Beach, for the encroachment of the rear yard setback to within 13' of rear prop- erty line on Lot 14, Tract No. 3137, located at 453 Lenwood Circle, an R-4 zone. Upon recommendation of the Planning Commission, and upon motion by Councilman Pinkley, seconded by Councilman Martin, and unat'i- mously carried, Variance Application No. 348 was approved. VARIANCE #349 Variance Application No. 349 was submitted in the name of James Argento, (Argento) 117 - 35th Street, Newport Beach, requesting a rear yard setback of 14.61 at 351 Avocado Street, an R-4 zone. Upon recommendation of the Planning Commission, and upon motion by Councilman Smith, seconded by Councilman Meyers, and unanimously carried, Variance Application No. 349 was approved. WR -112 Warrant Resolution No. 112, which represented charges incurred by the Special Census, was presented for approval. On motion by Council- man Pinkley, seconded by Councilman Martin, Warrant Resolution No. WR -112 was adopted by the following roll call vote: AYES: Councilman Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None 1 1 1 TrIR_113 Warrant. Resolution No. 113, including Payroll No. 70 was presented for approval. On motion by Councilman Pinkley, seconded by Council- man Meyers, Warrant Resolution No. WR -113 was adopted by the follow- ing roll call vote; AYES: Councilmen Martin, Pinkley, Smith, Meyers, Nelson NOES Councilmen -- None ABSENT: Councilmen - None City Manager's The City Manager asked that the Council consider the necessity for an Report improvement district in Costa Mesa, to be bounded by Santa Ana Avenue on the east, by Mesa Drive on the north, by 18th Street on the south Santa Ana and by Newport Avenue on the west. After consideration, Councilman Avenue Im- Martin moved that the City Engineer and the City Attorney be authorized provement to initiate proceedings for the Santa Ana Avenue Improvement District. District The motion was seconded by Councilman Pinkley, and unanimously carried. Mayor Nelson advised the Council that Junne Davis was leaving the City, this being the last Council Meeting she wound attend. Thereupon Councilman Smith moved that the City Attorney and the City Clerk prepare a suitable Resolution expressing the feeling of the Council for her good work and present it to Junne Davis. The motion was seconded by Councilman Meyers, and carried by the following roll call vote: AYES: Councilman Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Adjournment Upon motion by Councilman 'Smith, seconded by Councilman Meyers, and unanimously carried, the meeting was adjourned at 9:18 p.m. Mayor of e City of Costa Mesa ATTEST-: ity erk of the City of/Costa Mesa ep uty 1 589