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HomeMy WebLinkAbout11/04/1957 - City Council665 REGUI:.AR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA November 4, 1957 The City Council of the City of Costa Mesa, California met in regular session at 7:30 p.m., November 4, 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 P. G. Neumann. Roll Call Councilmen Present: J. Smith, B. Smith, Pinkley, Meyers, Nelson Councilmen Absent: None Officials Present: City Manager, Asst. City Manager, Chief Deputy City Clerk, City Engineer, City Attorney, Director of Finance, Planning Com- missioner Tobias. Minutes Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried the minutes of the meeting of October 21, 1957 were approved. Upon motion by Councilman Pinkley, seconded by Councilman J. Smith, and carried the minutes of the meeting of October 28,'1957 were approved. PUBLIC HEARING The Mayor announced that the hour of 7:30 o'clock p.m. having arrived Rezone Petition this was the time and place fixed by the City Council of the City of No. 37 Costa Mesa, California, for public hearing of Rezone Petition No. 37, David Cunningham and declared the hearing open. M. 0. Watson The Clerk read the recommendation.for approval of the petition by the Planning Commission. The Clerk reported that no written protests had been received. There being no written communications the Mayor asked if there was anyone present wishing to speak. All persons having been given full opportunity to be heard, and no one wishing to speak, it was moved by Councilman Pinkley, seconded by Councilman B. Smith and carried that the hearing be closed. Inasmuch as Rezone Petition No. 39 adjoins Rezone Petition No. 37 it was moved by Councilman B.Smith, seconded by Councilman Pinkley, and carried that the Public Hearing on Rezone Petition No. 39 be heard at this time. The Deputy City Clerk read a communication from Dr. Harold H. Hanlon, 1521 Kings Road, Newport Beach, California stating that he is owner of one half of undivided interest with Mrs. Bonnie Redmerski of Azusa of two parcels of land on the south side of Baker Street (The west one half of Lot 7, Block E. Berry Tract, and also all of Lot 11, Block B, Berry Tract) and stated that both owners were in favor of the rezoning. After discussion it was moved by Councilman Pinkley, seconded by Councilman Meyers, and carried that this communication be referred to the Planning Commission for consideration of the rezoning of Lot 7, West one-half, which had not been included in Rezone Petition No. 39. PUBLIC HEARING The Mayor declared the hearing open on Rezone Petition No. 39. The Rezone Petition Clerk read the recommendation of the Planning Commission for approval. No. 39 by The Clerk reported that no written protests had been received. Planning There being no written communications the Mayor asked if there was any - Commission one present wishing to speak. All persons having been given full oppor- tunity to be heard and no one wishing to speak, it was moved by Councilman Pinkley, seconded by Councilman J. Smith, and carried that the hearing be closed. Ordinance No. 187 Ordinance No. 187, being AN ORDINANCE OF THE CITY OF COSTA MESA AMENDING SECTION 3.2 OF ARTICLE III OF ORDINANCE NO. 32 OF THE CITY OF COSTA ESA, CALT'ORNIA ENTITLED "AN ORDINANCE OF THE CITY OF COSTA MESA ESTABLISHING 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 THE -5DJUSTMENT, ENFORCEMENT, AND AMENDMENT HEREOF, PRESCRIBING PENALTIES FOR VIOLATION THEREOF, AND REPEALING ORDINANCES AND PARTS OF ORDINANCES INCONSISTENT AND IN CONFLICT THEREWITH." was presented changing the zoning of theproperty in Rezone Petition No. 37 and Rezone Petition No. 39 to Ml -A, and on motion by Councilman B. Smith, seconded by Councilman J. Smith, Ordinance No. 187 was given first reading and passed to second reading 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 anyone 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 E. B. Grant,.Grant's Surplus Store, 1750 tions Newport Blvd. requesting the Council to aid the local businessmen in having Costa Mesa recognized by the pacific Telephone and Telegraph Co. both in calls and directory representation. After discussion it was moved by Councilman Pinkley, seconded by Councilman Meyers, and carried that the City Manager be instructed to contact the pacific Telephone and Telegraph Co. either in person or by letter, at his discretion, and inform them of the desire of the local businessmen and the City Council to have Costa Mesa recognized on calls and in the directory. Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried a communication was read from the Labor Commissioner, De- partment of Industrial Relations conveying their thanks to the City for the use of the Council Chambers on Wednesday, beginning November 6, 1957, and was received and ordered filed. A petition bearing 490 signatures requesting a stop light on Newport Blvd. and Wilson Stteet was read. After discussion it was moved by Councilman Pinkley that the City Manager be instructed to take this petition to the next meeting he had with the State Highway Commission with the request that a study be made at this corner as to whether or not signals are needed. The motion.was seconded by Councilman J' Smith, and carried by the following roll call vote: AYES: Councilman J. Smith, Meyers, Pinkley, Nelson NOES: Councilman B.Smith ABSENT: Councilmen - None Final Tract The City Engineer presented the final map of Tract No. 3242 submitted in No. 3242 the name of G. D. Buccola for the subdivision of 5.006 acres between Buccola Cecil Place and Virginia Place east of Orange Avenue into 22 lots, together with a certified check in the amount of $2184.03, A bond in the amount of $31,800.00, and signed Agreement. Resolution No. 419 Thereupon Councilman B. Smith moved the adoption of Resolution No. 419, A RESOLUTION OF THE CITY OF COSTA MESA ADOPTING FINAL TRACT MAP NO. 3242. The motion was seconded by Councilman J. Smith, and adopted by the following roll call vote: AYES: Councilmen J. Smith, B. Smith, Meyers, Pinkley, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Reports Upon motion by Councilman B. Smith, seconded by Councilman J. Smith, and unanimously carried the following Departmental reports, and the report of the Director of Finance for two free permits were accepted and ordered filed: Building, Police, Poundmaster, Street, Planning, Civil Defense, and Fire. Variance No. 367- A communication was read from Mr. Stickney requesting the Council to hold E. K. Stickney their Variance No. 367 off calendar until Notified. After discussion it was moved by Councilman B. Smith, seconded by Councilman Pinkley, and carried that Variance No. 367 be tabled at the request of the applicant for a period of six month's. (May 4, 1958) E. 17th Street Pursuant to Resolution No. 383, the City'Engineer advised the Council Improvement that the Report required by the Special Assessment Investigation, Limi- Engineers' Report tation and Majority Protest Act of 1931 for the proposed improvement, of East 17th Street and certain -other streets and alleys in said City, had been completed and thereupon presented the report of Laurence J. Thompson, Assessment Engineer, Manhattan Beach, hired by the City, explaining the general nature, location and extent of the proposed Improvement in detail, and the lands to be assessed to pay the cost thereof. The City Attorney informed the Council that the Citys contri- bution to the project would be $40,000.00, no part of the cost of the acquisition is being assessed in the assessment directly, and that the Council should consider -this matter as being closed upon adoption of the resolution and not subject to be reopened. Thereupon Councilman B.Smith moved the adoption of Resolution No. 420, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, -APPROVING REPORT UNDER "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 193," AND FIXING A DATE OF HEARING THEREON, IN THE MATTER OF THE TMPROVa ENT OF EAST 17TH STREET AND CERTAIN OT ER STREETS AND ALLEYS (ASSESSMENT DISTRICT N0. 6) IN SAID CITY. The 667 motion was seconded by Councilman Pinkley, and carried by the following roll call vote: AYES: Councilmen J. S mith, B.Smith, Pinkley, Nelson, Meyers NOES: Councilmen - None ABSENT: Councilmen - None Resolution No. x.21 Resolution No. 421, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Salary of City_ COSTA MESA_FIXING AND ESTABLISHING THE SALARY OF THE CITY ATTORNEY, was Attorney presented. On motion by Councilman J. Smith, seconded by Councilman for a portion of that certain highway known as East 17th Meyers, Resolution No. 421 was adopted by the following roll call vote: Irvine. and Newport Blvd. was AYES: Councilmen B.Smith, J. Smith, Pinkley, Nelson, Meyers On motion by Councilman B.Smith, seconded NOES: Councilmen - None ABSENT: Councilmen - None the deed was accepted A deed of Right of Way to the City of Costa Mesa, dated October 4. 1957 Deeds of Right of from Forest G. Smith, Jr., Jessie B. Deng ler, Harry Johnson, and Harry Way -E. 17th Street G. Johnson, for a portion of that certain highway commonly known as East Seventeenth `Street, between Irvine Avenue and Newport Boulevard in the Pinkley, Nelson, Meyers City of Costa Mesa was presented. NOES:; Councilmen - None On motion by Councilman B. Smith,_seconded by Councilman Pinkley, the deed was ordered placed on record by the following roll call vote: AYES: Councilmen B.Smith, J. Smith, Pinkley, Nelson, Meyers NOBS: Councilmen - None ABSENT: Councilmen - None A deed of Right of Way to the City of Costa Mesa, dated November 1, 1957 from W. Benoit, for a portion of that certain highway commonly known as East Seventeenth Street, between Irvine and Newport Blvd. 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 B.Smith, J.Smith, Pinkley, Nelson, Meyers NOES: Councilmen - None ABSENT: Councilmen - None A deed of Right of Way to the City of Costa Mesa dated September 16, 1957 from Anna Mae Niedermann for a portion of that certain highway commonly known as E. 17th Street, between Irvine Avenue and Newport Blvd. was pre- sented. On motion by Councilman J. Smith, seconded by Councilman Meyers the deed was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen B.Smith, J.Smith, Pinkley, Nelson, Meyers NOTES: Councilmen - None ABSENT: Councilmen - None A deed of Right of Way to the City of Costa Mesa dated September 17, 1957 from California Bank, 'Successor to Mariners Bank for a portion of that certain highway known.as East 17th Street, between Irvine Avenue and Newport Boulevard was presented. On motion by Councilman B.Smith, Seconded by Councilman J. Smith, the deed was accepted and ordered placed on record by the following roll call vote: AYES: _Councilmen B.Smith, J.Smith, Pinkley, Nelson, Meyers NOES: Councilmen - None ABSENT: Councilmen - None A deed of Right of Way to the City of Costa Mesa dated September 24, 1957 from County of Orange - Welfare Department for a portion of that certain highway known as E. 17th St., between Irvine Avenue and Newport Blvd. was presented. A deed of Right of, Way to the City of Costa Mesa dated September 18, 1957 from J. A. Beek, for a portion of that certain highway known as East 17th Street, between Irvine. and Newport Blvd. was presented. On motion by Councilman B.Smith, seconded by Councilman J.Smith, the deed was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen B.Smith, J.Smith, Pinkley, Nelson, Meyers NOES:; Councilmen - None ABSENT: Councilmen - None A deed of Right of Way to the City of Costa Mesa dated September 24, 1957 from County of Orange - Welfare Department for a portion of that certain highway known as E. 17th St., between Irvine Avenue and Newport Blvd. was presented. On motion by Councilman B.Smith, 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, Nelson, Meyers, Pinkley NOES: Councilmen - None ABSENT: Councilmen - None A deed of Right of Way to the City of Costa Mesa dated October 5 1957 from Walter K. Long, Cecil T. Long, Dorothy M. Long, Richard 0. Long, John 0 Long, Margaret H. Long, Otis B. Long for a portion of that certain highway known as E. 17th Street, between Irvine Avenue and Newport Blvd. was presented. On motion by Councilman J. 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.Smi:th, Nelson, Pinkley, Meyers NOES: Councilmen - None ABSENT: Councilmen - None A deed of Right of Way to the City of Costa Mesa dated September 16, 1957 from George M. Dial, Kathryn M. Dial for a portion of that certain highway known as E. 17th St., between Irvine Ave. and Newport Blvd. 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. Right of Way Deeds A deed of Right of Way to.the City of Costa Mesa dated October 9, 1957 W. 19th 'Street from Alfred M. Lewis, Inc. for a portion of that certain highway known as W. 19th 'Street between Placentia Avenue and Harbor Boulevard was pre- sented. On motion by 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, NOES: Councilmen - None ABSENT: Councilmen - None B.Smith, Pinkley, Meyers, Nelson A deed of right of way to':,the City of Costa Mesa dated October 3, 1957 from Anna Reich for a portion of that certain highway known as W. 19th Street between Placentia Avenue and Harbor Boulevard 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 Mesa dated September 13, 1957 _ from Department of Veterans Affairs of the State of California for a portion of that certain highway known as W. 19th Street between Placentia Avenue and Harbor Boulevard was presented. On motion by Councilman B.Smith, 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 Costa Mesa dated September 20, 1957 from First Western Bank and Trust Company for a portion of that certain highway known as W. 19th Street between Placentia Avenue and Harbor Boulevard was presented. On motion by Councilman B.Smi.th, 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.Snith, Pinkley, Meyers, Nelson NOES: Councilmen - None _ ABSENT: Councilmen - None 669 McCardle Right A deed of Right of Way to the City of Costa Mesa dated October 8;: 1957 of Way from Randall R. McCardle and Mary Louise McCardle for a portion of Lot 91, Newport Heights for street and alley purposes was presented. On motion by Councilman B.Smith, seconded by Councilman J.Smith the deed was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen B.Smith, J.Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Bik Right of A deed of Right of Way to the City of Costa Mesa dated. November 5, 1957 Way from Hiromin Bik and Elfrieda Bik for a portion of Lot, 18, Tract 9 for widening of Victoria Avenue 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 B.'Smith, J.Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Purchase of Land Upon motion by Councilman B.Smith, and seconded by Councilman Meyers from Orange County the agreement,between the County of Orange and the City of Costa Mesa for the purchase of a portionof Lot 201, Newport Heights Tract for the sum of $10.00 plus expenses of $45.505 making a total of $55.50 ordered paid, by the following roll call vote: AYES: Councilmen B.Smith, J.Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Variance No. 401 Variance Application No. 101, being the application of John Colistra Colistra and Carmel C6listra by Card Construction Co. to permit construction of one bedroom kitchen unit apartment per each 1500 squre feet of lot at the South side of 1838 Placentia Avenue was read with the recom- mendation of the Planning Commission for approval subject to 1) That the design be revamped and the new plot plan submitted to the Planning Technician by November 4, 1957, before the Variance goes to the City Council. 2) That the 1500 sq. ft. per each unit be allowed provided that the -applicant provides the two to one parking ratio, that these off-street parking spaces be usable and properly marked, not less than 91 x 201 and the area between the parking spaces should be not less than 271. 3) That the driveways be not less than 101 wide. Upon motion by Councilman B. Smith, seconded by Councilman J. Smith-, and carried the action of the Planning Commission was upheld as presented on the revised map dated October 31, 1957. Variance No. 402 Variance Application No. 402, being the application of Jacob DeVries, Jacob DeVries 1937 Harbor Boulevard to permit construction f a shop with a parking variance at 1937 Harbor Blvd. was read with the recommendation of the Planning Commission for approval subject to 1) That there be in the front along Harbor Blvd, properly malcked and usable, as many off-street parking spaces as it is possible to get in. 2) That there be no increase in employees (two servicemen and one salesman) 3) That the back 301 portion of the property be reserved for future off-street parking and not built upon. Mir. DeVries was present to discuss his variance. Upon motion by Councilman Meyers, seconded by Councilman J. Smith the Council concurred with the action of the Planning Commission by the following roll call vote: AYES: Councilmen B. Smith, J. Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen -None Variance No. Variance Application No. 4035being the applicationcf Costa Mesa Lions 403 -Costa Club, P. 0. Box 628 to permit a rear yard setback of 51 in C2 zone at Mesa Lions 1981 Church St. was presented with the recommendation of the Planning Club Commission that the five foot rear yard setback be denied and that there be a rear yard setback of fifteen feet granted. Mr. Jud Sutherland and Mr. Walt Miller were present to discuss the variance. After discussion it was moved by Councilman Pinkley that the action of the Planning Com- mission be overruled and the applic lant be permitted to building with a 10ft. rear yard setback. The motion was seconded by Councilman J. Smith and carried by the following roll call vote: AYES: Couhcilmen B.Smith, J. Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Variance No. 404 Variance Application No. 404, being the application of Margaret F. Bovee Margaret F. Bovee 903 N. Bay Front, Balboa Island, to permit the establishment of a private day school at 261 Monte Vista was presented with the recommendation of the Planning Commission for approval on the condition that the surrounding property owners within the required radius be notified that this matter will be considered by the City Council at their meeting on November 4, 1957 and that the off-street parking ratio be under the supervision of the Planning Department. Mr. Dunn, Planning ;-Technician reported that the notices had been sent and presented a copy of the notice to the Council. Mr. Tobias, Planning Commissioner, stated that the Commission felt that inasmuch as this Variance had been late in being received, and no notice had been published that this mailing of notices would give the property owners ample time to file any complaint. Mr. Bob Petty, 514 Alison, Newport Beach, was present to discuss the application in behalf of the applicant who was ill. After discussion it was moved by Councilman B. `Smith that the action of the Planning ComrnissiQn.). be upheld. The motion was seconded by Councilman Pinkley and carried by the following roll call vote: AYES: Councilmen J.Smith, B.Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None. Variance No. 406 Variance Application No. 406, being the application cC Joseph B. Romero, Joseph B. Romero 240 Avocado Street to permit rear yard setback of twenty-two (22) feet, was read with the recommendation of the Planning Commission for approval on condition that there be two usable and properly marked off-street . parking spaces for each living unit. Upon motion by Councilman B.Smith, seconded by Councilman J. Smith, and carried the Council concurred with the action of the Planning Commission.. ' Variance No. 407 Variance Application No. 407, being the application of Armond E. Hibberd Armond Hibberd and Eva N. Hibberd, 181 E. 22nd Street, to permit an eight and one-half (81) ft. rear yard setback, was read with the recommendation of the Planning Commission for approval on the condition that there be two usable and properly marked off-street parking spaces for each unit. Upon motion by Councilman Pinkley, seconded by Councilman Meyer, and carried, the action of the Planning Commission was upheld. Permits The application of Ralph Perez for a public dance on December 31, 1957 at the Orange County Fairgrounds was granted on motion by Councilman B. Smith, seconded by Councilman Meyers, and carried. (Councilman J.`Smith voted NOE). After discussion it was moved by Councilman J. Smith, seconded by Councilman B.,Smith and carried that the motion granting the permit be amended as follows: Applicant to provide police protection at his own expense, and those acting as police are to have the approval of Chief of Folice. The application of Newport Balboa Music Co. to transfer one rifle coin operated machine from Van's Bowling to Ticos Tacos, 1770 Newport, Costa Mesa, was granted on motion by Councilman B.Smith, seconded by Councilman J. Smith, and carried. W.R. Na. 125 Warrant Resolution No. WR 125, including Payroll No. 80 was presented for approval. On motion by Councilman Pinkley, seconded by Councilman J. Smith, W.R. No. 125 was adopted by the following roll call vote: AYES: Councilmen J.Smith, B.Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None W.R. No. 126 Warrant Resolution No. WR 126 was presented for approval. On motion by Councilman Pinkley, seconded by Councilman Meyers, W.R. No. 126 was adopted by the following roll call vote: AYE=S: Councilmen J.Smith, B.Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None 671 Ordinance No. 188 The City Manager presented the proposed change in licensing of dogs to Dogs a two year period at one rate starting January 1, 1958. After discussion it was decided that the fee for all dogs would be $5.00 per license for a two year period. Thereupon it was moved by Councilman B.Smith, seconded by Councilman J.Smith, that Ordinance No. 188 being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUSTA MESA PROVIDING FOR THE LICENSING AND IMPOUNDING OF DOGS: R331ULATING THE KEEPING AND CONTROL OF DOGS: THE CON- TROL AND `SUPPRESSION OF RABIES AND OTHER INFECTIOUS AND CONTAGIOUS DI- SLASESr PROVIDING PENALTIES FOR THE VIOTA TION THEREOF: AND REPEALING ORDINANCES 42, 1185 121, and 162 be accepted for first reading and passed to second reading. The motion carried by the following roll call vote: AYES: Councilmen J. Smith, B.Smith, P'inkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Upon motion by Councilman B.Smith, seconded by Councilman Meyers, and carried the meeting was adjourned at 9:35 p.m. Mayor of the y of Costa Mesa ATTEST: City"Clerk of the City ;of Costa MesaBy Chief Deputy 1