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HomeMy WebLinkAbout02/17/1958 - City CouncilE? 31 REGULAR METING OF THE CITY COUNCIL CITY OF COSTA MESA February 17., 1958 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 p.m., February 17, 1958 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 Clyde TErvin. ROLL CALL Councilmen Present: B.Smith, J.Smith, Meyers, Nelson Councilmen Absent: Pinkley Officials Present: 'Chief Deputy City Clerk, City Manager, City Attorney, City 'Engineer Minutes Upon motion by Councilman B.Smith, seconded by Councilman Meyers, and carried the minutes of the meeting of Eebruary 3, were approved aacwritten and previously distributed. Upon motion by Councilman B.Smith,.,seconded by Councilman Meyers, and carried, the minutes of the meeting of February 10, were approved as written and previously distributed. PUBLIC H+1ARING The Mayor announced that the hour of 7:30 o'clock p.m. having arrived Rezone Petiton x#38 this was the time and place fixed by the City Council of the City -of George W. Powell Costa Mesa fpr public hearing of Rezone Petition No. 38 and declared the hearing open. The Clerk read the recommendation of the Planning Commission that Rezone Petition No. 38 ( George W. Powell) to rezone from R4 to Cl twenty-five parcels on both sides of Fairview Avenue from the North property lire of Fairview approximately 1200 feet to the C2 zone on Fairview Avenue be approved. The Clerk reported thatno written protests had been received. There being. no written communications the Mayor asked if there were anyone present wishing to speak. Thereupon Mr. Don B. Harwood stated that he was not protesting but would be glad to answer any questions that the.;. Council may have, and -that he represented Mr. William Cagney. All persons having been given full opportunity to be heard, and no one else wishing to sped; it was moved by Councilman B.Smith, seconded by Councilman J.Smith, and carried that the hearing be closed. -(Councilman Pinkley entered the meeting and took his seat.) ORDINANCE NO. 194 Ordinance No. 194, being AN ORDINANCE AMENDING SECTION 3.2 OF ARTICLE III OF ORDINANCE NO. 32 OF THE CITY OF COSTA MESA, CALIFORNIA. -ENTITLED: "AN ORDINANCE OF THE CITY OF COSTA MESA "ESTABLISHING LAND CLASSIFICATIONS IN DISTRICTS WITHIN THE INCORPORATED TERRITORY OF THE CITY OF COSTA MESA, REGULATING THE USE OF PROPERTY THEREIN, ADOPTING A MAP OF SAID DISTRICTS DEFINING THE TERMS USED IN THIS ORDINANCE, PROVIDING FOR THE ADJUSTMENT, ENFORCEMENT AND AMENaIENT HEREOF, PRESCRIBING PENALTIES FOR VIOLATION HEREOF, AND REPEALING ORDINANC"ES AND PARTS OF ORDINATE"ES INCONSISTENT WITH AND IN CONFLICT HEREWITH." was presented changing the zoning of the property in question to Cl, and on motion by Councilman B.Smith, seconded by Councilman -Meyers, Ordinance No. 194 was given first reading and passed to second reading by.the followirg roll call voter AYES: Councilmen J.Smith, B.Smith, Pinkley, Meyers, Nelson NOES:- Councilmen - None ABSENT: Councilmen - None REPORT'S Upon motion by Councilman J.Smith, seconded by Councilman Meyers, and carried the reports for the month of January of the City Treasurer and Director of Finance were ordered received and filed. The City Engineer presented a deed of right of way for the improvement plansof College Street and Logan Avenue for Willard L. Killion. Upon motion by Councilman B.Smith, seconded by Councilman Pinkleythe Deed of r;C-b0 d e),(w Right of Way was accepted subject to the posting of a cash or surety bond in the amount of 846,000.00 with the City Clerk, was approved by the following roll call vote: AYES: Councilmen J.Smith, B.Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Bonds exonerated Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and caried bonds were exonerated on the following tracts: Tract 1986, Tract 2313, Tract 2394, as recommended by the City Engineer. Engineer for W. Upon motion by Councilman Pinkley, seconded by Councilman J.Smith,and 19th St. Improve- carried it was agreed that the City Council hire an engineer or firm ment District outside of the County of Orange when the streets in the W. l9th `Street Improvement District.are to be turned over to the City from the contracting firm, to inspect the streets to insure their meeting speci- fications. RESOLUTION NO. 444 Upon motion by Councilman Pinkley, seconded by Councilman B.Smith, Reso- Harry Aldrich lution No. 444, being A RESOLUTION OF THE CITY COUNCIL RECOGNIZING THE S-ERVICES OF THE LATE HARRY M. ALDRICH, AS A MEMBER OF THE PLANNING COM- MISSION AND CIVIC LEADER, was adopted by the following roll call vote: AYES: Councilmen J.Smith, B.Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None ORDINANCE NO. 193 Ordinance No. 193 entitled AN ORDINANCE AMENDING SECTION 3.2 OF ARTICLE III (2nd reading) OF ORDINA L E NO. 32 OF THE CITY OF COSTA MESA, CALIFORNIA ENTITLED: 'IAN Rezone Petition #42 ORDINANCE OF THE CITY OF COSTA MESA -ESTABLISHING LAND CLASSIFICATIONS IRT DISTRICTS WITHIN THE INCORPORATED TERRITORY OF THE CITY OF COSTA MESA, RTEGUTA TING THE USE OF PROPERTY THEREIN, ADOPTING A MAP OF SAID DISTRICTS; DEFINING THE TERMS USED IN THIS ORDINANCE, PROVIDIDNG FOR THE ADJUSTMENT, -ENFORCIIMENT AND AMENDMENT HEREOF, PRESCRIBING PENALTIES FOR VIOLATION HEREOF, AND REPrEALING ORDINANCES AND PARTS OF ORDINANCES INCONSISTENT WITH AND IN CONFLICT HEREWIT." was presented for second reading. Follow- ing reading of the title, Councilman B.Smith moved that further reading be waived and tIb it be read by.title only. The motion was seconded by Councilman Pinkley, and carried. Thereupon Counbilman B.Smith moved the adoption of Ordinance No. 193. The motion was seconded by Councilman J.Smith, and adopted by the following roll call vote: AYES. Councilmen J.Smith, B.Smith; Pinkley, Meyers, Nelson NOES. Councilmen - None ABSENT:- Councilmen - None McDonald Petition The City Clerk presented the petition of John McDonald as previously pre- sented to the Council at the meeting of June 17, 1957. After discussion it was moved by Councilman B.Smith, seconded by Councilman Meyers, and carried that a letter be forwarded to the `Sanitary District requesting them to investigate the sewer line in this area, and their aid in the possibility of changing the line. Erick letter- Reports were read from the Fire and Health Departments on the request of inspections Harry Erick to investigate a fire and health hazard at 2172 Orange Avenue, and of the progress being made in the clean up. Mrs. Smith owner of the property was present and assured the Council that she was attempting to make the corrections as requested. It was moved by Councilman Meyers, seconded by Councilman B.Smith, and carried that the reports of the in- spection be received and filed. VARIANCE N0. 438 Variance Application No. 438 being the application of the Hale Company Hale Co. to permit continued use of signs and real estate office in the tract was again presented, with the report of the Building Department on the inspections made on the signs, together with the recommendation of the Planning Commission for approval for one year. A communication was read from Mr. George C. Sheasby requesting that if the -signs be approved they be structurally safe. After discussion it was moved by Councilman B.Smith, seconded by Councilman Meyers, that the variance be granted for the two remaining signs, and the real estate office, that the signs be corrected and approved by the Building Department within a period of 'ten days (February 27, 1958) or they shall be removed. Motion carried by the following roll call vote: AYES Councilmen B.Smith, Meyers, Nelson NOES; Councilmen J.Smith, Pinkley VARIANCE N0. 139 Variance Application No. 139, being the application of Thomas d. Johnson Johnson to permit establishing of a dark room in a garage, was read with the recommendation of the Planning Commission for approval on the following conditions: 1) for a period of one year; -2) no retail sales, mail order only, 3) no employees, 4) no signs, 5) approval by the Fire Department. Reports of the Building and Fire Departments on their inspections were read. After.discussion it was moved by Councilman B.Smith, seconded by Councilman J.Smith, and carried the action of the Planning Commission be upheld and the Fire Department to make a periodic 6 months check. fast 17th Street Improvement District RI;SOBUTION N'�'. 440 Approving flans, Specs. REtSOLUTION N0. 441 Intention RESOLUTION 442 General Muncipal Election The Engineer presented to the Council, Pans, Drawings, Specifications, and the Map of Assessment District No. 6 for the Improvement of East 17th Street and Certain Other Streets and Alleys in the City of Costa Mesa, California to be known as "Assessment District No. .611.. On motion by Councilman B.Smith, seconded by Councilman J.Smith, Resolution No. 440, .entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CALIFORNIA, ADOPTING PIANS DRAWINGS, SPECIFICATIONS AND MAP OF AtSSE.SS- MENT DISTRICT N0. 6 IN THE MATTER OF THE IMPROVEMENT OF EAST 17TH STREET AND CERTAIN OTHER STREETS AND ALLEYS (A�SSESSMENT "DISTRICT N0. 6) IN `SAID CITY"' was adopted by the following roll call vote: AYES: Councilmen J.Smith, B.Smith Pinkley, Meyers, Nelson NOES: Councilmen - None J,_ABSENI': Councilmen - None On motion by Councilman J.Smith, seconded'by Councilman Pinkley, Resolution of Intention No. 141, entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE GRADING, PAVING, AND OTHERWISE IMPROVING EAST 17TH STREET AND CERTAIN OTHER STREETS AND ALLEYS IN 'SAID CITY: DECLARING THE iAORK TO BE OF: MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT, AND DESCRIBING THE DISTRICT TO BE BENEFITED BY SAID WORK, AND TO PAY THE COSTS AND EXPENSE, AND FIXING A TIDE AND PLACE FOR HEARING OBJECTIONS TO SAID WORK (March 17, 1958) was adopted by the following ro 11 call vote: AYES: Councilmen J.Smith, B.Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None NO. Resolution No. 442, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN'SAID CITY ON TUESDAY, THE 8TH DAY OF APRIL, 1958, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE `STATE OF CALIFORNIA REIATING TO CITIES OF THE SIXTH CLASS, was presented. On motion by Councilman B.Smith, seconded by Councilman Pinkley, Resolution No. 442 was adopted by the following roll call vote: AYES: Councilmen J.Smith, B.`Smith, Pinkley, Meyers, Nelson NOES- Councilmen = None ABSENT- Councilmen -,None RESOLUTION NO. 443 Resolution No. 443, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY Annexation No. 22 OF COSTA MESA OF INTENTION TO ANNEX, AND GIVING NOTICE THEREOF, was pre - Baker Street No. 4 sented. On motion by Councilman J.Smith, seconded by Councilma Pinkley Resolution No. 443 was adopted by the following roll call vote: AYES: Councilmen J.Smith, B.Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None ORDINANCE NO. 195 Communication was read from the Planning Commission recommending that Pomona Avenue the City Council consider the Pomona Avenue Rights of Way, between Hamilton Setbacks and Victoria and 401.81 Northerly of Victoria Street by Ordinance in taking care of property setbacks. After discussion it was moved by Councilman B.Smith, seconded by Councilman Meyers tht the setback on Po- mona Avenue northerly between Hamilton Street and Victoria Street for building purposes should be.the Westerly 39.80 feet of Lot 381, Tract No. 9 as shown on a map thereof recorded in Book 9, page 9 of Miscellaneous Maps. Records of Orange County, California, and that the setback from a point 401.18 feet north of Victoria'Street on Pomona Avenue should be the easterly 47.20 feet of the southerly 401.18 feet of Lot 44, Fairview Farms, as shown on a map thereof recorded in Book 8, page 71, of Miscellaneous Maps. Records of Orange County, California {7,� ORDINANCE NO. 196 A communication was read from the Planning Commission recommending the Intention to Council take action to vacate or abandon that portion of Pomona,Street Abandon lying ;South of Baker (Between Baker and Maple Avenue) as shown on Tenta- tive Tract Map No. 1644. After discussion it was moved by Councilman J.Smith, seconded by Councilman B.`Smith thatOrdinance No. 196, being AN ORDINANCE OF THE CITY OF COSTA MESA DECLARING IT`S INTENTION TO ORDER, THE VACATION OF A PORTION OF THAT CERTAIN STREET KNOWN A'S POMONA `STREET BETWEEN BAKER STREET AND MAPLE AVENUE IN THE CITY OF COSTA MESA be accepted for first reading and passed to second reading. Motion carried by the following roll call vote: (Hearing set for April 7, 1958) AYES: Councilmen J.Smith, B.Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None The Mayor declared a ten minute recess and the meeting reconvened at 9:20 p.m. VARIANCE NO.' 440 Variance application No. 440, being the application of Fabre Construction Fabre Construction Corporation 3404 Via Lido, Newport Beach to permit one 31 x 121sign on Lot 20, Tr. 3242 was read with the recommendations of the Planning Com- mission for approval for one year or until the Tract homes are sold,which ever is lesser and subject to the approval of the Police Department. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried the Council concurred with the action of the Planning Commission -vrith the additional stipulation that the sign be approved by the Building Department for safety. VARIANCE N0. 442 Variance application No. 4 42, being the application of Chester B. Phillips. C. Phillips 889 W. Wilson, Costa Mesa to permit theestablishment of a grocery store on the lot at 889--g. Wilson was read with the recommendation of the Planning Commission for denial for the following reasons: 1) This is definitely a residential area as part is zoned R4 and part of it is Zoned Rl. 2)There is a commercizl'zone within the proximity of this area. 3) This would be located too close to schools. 4) Would create too much of a traffic con- gestion in this area for a market; 5) allowing this might establish a trend for more requests of this kind. A communication. -,was also read from Mr. Phillips requesting withdrawal of the application. Thereupon it was moved by Councilman J.Smith, seconded by Councilman Pinkley, and carried that the action of the Planning Commission be upheld and the application withdrawn as requested. VARIANCE NO. 443 Variance application No. 443, being the application.of Herb Small, 201 H. 'Small Del Mark, Costa Mesa, to permit a ten foot rear yard setback at 201 Del Mar was read with the recommendation of the Planning Commission for ap- proval of a rear yard setback of six'feet and that the new, setbacks be placed as shown under the amended sketch., dated February 10, 1958, and made a part of the application; and'that there be a 5 ft. dedication for Orange Avenue for `Street Purposes. Mrs. Herb Small was present and re- quested consideration of a new plot plan as presented to the City Clerk on February 11, 1958. The Attorney informed the Council that unless both plot plans were the same e cept for minor changes no action could be taken, and the request must be referred to the Planning Commission. Mrs. Small stated that the plans were different and she desired the new change to be referred to the Planning Commission.- Thereupon it'was moved by Councilman B.Smith, seconded by Councilman J.Smith, and carried that the revised plan, dated February 11, 1958 be referred to the Planning Commission for their recommendation, as requested by the applicant. VARIANCE NO. 444 Variance Application No. 444, being the application of Wm. T. McManus McManus of 9461 Vons Drive, Anaheim, California to permit a house trailer for living purposes at 1991 Harbor Blvd. was read with the recommendation of the Planning Commission for denial for the following reasons: 1) Mr. Sparks knew that his variance expired in September and made no effort to renew it although notified of.this expiration. 2) No hardship is shown. Mr Sparks was present and stated that he had made repairs on his trailer and was now trying to trade or sell it on a home. After discussion it was moved by Councilman Pinkley, seconded by Councilman Meyers,'that the action of the Planning Commission be upheld and Mr. Sparkes be given thirty days ('March 19, 1958) to remove said trailer. VARIANCE No. 446 Variance Application No. 446, being the application of Wm. J. Kaiser of Wm. Kaiser 2141 Parsons St., Costa Mesa, to permit adding on a room to rear of house adjacent to kitchen for an eating area, with a 14' 211 rear yard setback at 2141 Parsons Street was read with the recommendation of the Planning Commission for approval. On motion by Councilman B.Smith, seconded by Councilman Pinkley, and carried the Council concurred with the action of the Planning Commission. PERMIT'S The application of Herman R. and Catherine E. and Lila M. Tate of 3200W. Coast Highway, Newport Beach, for one additional taxi, making a total of 4 cabs for the Yellow Cab Co., and revision of area covered and rates to be charged was granted on motion by Councilman B.Smith, seconded by Council- man Pinkley, and carried. The application of Newport Balboa Music Co. for removal of a bowling game from the Knotty Keg, 2125 Harbor Blvd., to Nadas Cafe, 2668 Newport Blvd. was granted on motion by Councilman Pinkley, seconded by Councilman B. Smith, and carried. ORAL COMMUNICATIONS The Mayor.inquired if there were anyone present wishing to speak on any A communication was read from Kenneth W. Fether, requesting the City Council to adopt a procedure necessary to provide drainage for poposed. Tract 1193, on Santa Ana Avenue, northcf 17th Street, inasmuch as the property owner to the -East will not sign a letter permitting the drainage. After discussion it was moved by Councilman B.Smith, seconded by Council- man Pinkley and carried that the City, �agineer and City Attorney meeti with both property owners to reach some agreement. A petition bearing 24 signatures regarding the allowance of an alcoholic beverage business on the southeast corner of Tustin Avenue and E. 17th St. presented to the City Clerk on February 14, 1958, was presented with the request of Mr. J. F. Harbison that the petition be withdrawn. Upon motion by Councilman J.Smith, seconded by Councilman Pinkley, and carried the communication was received and filed. Study by Planning Upon motion by Councilman J.Smith, seconded by Councilman Meyers, and Commission on liquor carried the Planning Commission was requested to make a study and report control back on the method of controlling liquor stores, taverns, etc. DEEDS OF RIGHT A deed of Right of 'Tay dated February 17, 1958 from Dean Warren and Viola OF WAY Pearl Pope for that certain street known as Elden Avenue 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 item not on ghe agenda. Thereupon Mrs. Sylvia -Mello, 931 Sunset Drive, Costa Mesa requested information -on whether or not Sparkes Street and Westminster St. would be improved in the forthcoming Southeast Improvement District. Mrs. Mello owns property in this area and desires right-of-way to her property. She was informed by the Council that the City can not do any work on a.proposed street unless it is dedicated to the City, and this particular area, except for 30 ft. of Westminster was considered private property. It was suggested to Mrs. Mello that she look at the Master Plan in the office of the City Clerk, as proposed by the property owner (Busy;, ­Bee Rancho) when construction begins w,on, the -new shopping center, and she consult the City `Clerk, City.Engineer,­or-City Attorney regarding any question she might have. _ There being no one else desiring to speak the Mayor called for Written Communications. _ WRITTEN COM- MUNICATIONS A communication was read from ,& E. Fisby:, Chief, Division�'of Sanitation, Orange County Health Department, requesting that the City Manager or a member of the City Council attend a meeting -February 20,,-1958, 7:30 p.m. _ at the Health Department on a plan to control flies from the dairyman's point of view. It was moved by Councilman B.Smith, seconded by Councilman Pinkley, and carried that the City Manager, or someone of his designation be present at that meeting. A communication was read from Kenneth W. Fether, requesting the City Council to adopt a procedure necessary to provide drainage for poposed. Tract 1193, on Santa Ana Avenue, northcf 17th Street, inasmuch as the property owner to the -East will not sign a letter permitting the drainage. After discussion it was moved by Councilman B.Smith, seconded by Council- man Pinkley and carried that the City, �agineer and City Attorney meeti with both property owners to reach some agreement. A petition bearing 24 signatures regarding the allowance of an alcoholic beverage business on the southeast corner of Tustin Avenue and E. 17th St. presented to the City Clerk on February 14, 1958, was presented with the request of Mr. J. F. Harbison that the petition be withdrawn. Upon motion by Councilman J.Smith, seconded by Councilman Pinkley, and carried the communication was received and filed. Study by Planning Upon motion by Councilman J.Smith, seconded by Councilman Meyers, and Commission on liquor carried the Planning Commission was requested to make a study and report control back on the method of controlling liquor stores, taverns, etc. DEEDS OF RIGHT A deed of Right of 'Tay dated February 17, 1958 from Dean Warren and Viola OF WAY Pearl Pope for that certain street known as Elden Avenue 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 736 A deed of Right of 14ay dated February 17, 1958 from Ray I. and Freda M. Cozad for alley widening, North ofl7th and West of Santa Ana Avenue was presented. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, the deed was accepted and ordered placed on record by the follow- ing 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 F-'bruary 17, 1958 from Hazel B. Olson for that certain street known as Meyers Place was presented. Upon motion by Councilman J.Smith, seconded by Councilman Pinkley, the deed was accepted and ordered paced on file by the following roll call vote: AYES: Councilmen J.Smith, B.Smith, Pinkley, Meyers, Nelson NOS: Councilmen - None ABSENT Councilmen - None . 'WR 135 Warrant Resolution No. WR 135, including Payr011 No. 87 was presented for approval. On motion by Councilman Pinkley, seconded by Councilman Meyers, W.R. No. 135 was adopted by the following roll call vote: AYES: Councilmen J.Smith, B.Smith, Pinkley, Meyers, Nelson NOES: Councilmen --None ABSENT: Councilmen - None ADJOURNMENT Upon motion by Councilman B.Smith, seconded by Councilman Pinkley, and carried, the meetiig was adjourned at 10:30 p.m. May �f the City of Costa Mesa ATTEST. = City Clerk of the `City Costa Mesa 1