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HomeMy WebLinkAbout02/16/1959 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA February 16, 1959 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 o'clock p.m., February 16, 1959, at the City Hall, 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 Reverend Russell Gabler. ROLL CALL Councilmen Present: Rea, B. Smith, Pinkley, J. Smith Councilmen Absent: Meyers Officials Present: Asst. City Manager, City Attorney City Engineer, Director of Finance, Chief Deputy City Clerk Minutes Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried, the minutes of the meeting of February 2, 1959, were approved as written and previously distributed. PUBLIC HEARING The Mayor announced that this was the time and place fixed Gisler No. 4 for the hearing of protests or objections against the proposed Annexation "Gisler No. 4 Annexation". The Clerk reported that the affi- davits and proof of the publication of the Resolution of Intention, and the mailing of notices of adoption of the Resolution of Intention, as required by law, had been made and were on file in the office of the City Clerk. The Mayor thereupon declared the hearing open. The Clerk reported that no written protests had been received. There being no written communications, the Mayor asked if there were anyone present wishing to speak. There- upon Mr. E. C. Twitchell spoke in behalf of the applicant. All persons having been given full opportunity to be heard, and no one else wishing to speak, it was moved by Council- man B. Smith, seconded by Councilman Rea, and carried that the hearing be closed. Ordinance 224 Thereupon Ordinance No. 224, being AN ORDINANCE OF THE CITY OF COSTA MESA APPROVING THE ANNEXATION OF CERTAIN UN- INHABITED TERRITORY CONTIGUOUS TO THE CITY OF COSTA MESA, IN THE COUNTY OF ORANGE, KNOWN AND DESIGNATED AS "GISLER N0. 4 ANNEXATION", was presented. Following full reading of the Ordinance, Councilman B. Smith moved that this constitute the first reading of Ordinance No. 224. The motion was seconded by Councilman Pinkley, and carried. PUBLIC HEARING The Mayor announced that this was the time and place fixed Change of Street for the hearing on the change of street name of Fairlane name - Fairlane Drive to Woodland Place in the City of Costa Mesa. The Drive Clerk reported that the Resolution of Intention had been duly published and no written communications had been received. The Mayor then declared the hearing open. There being no written communications, the Mayor asked if there were anyone present wishing to speak. No one wishing to speak, it was moved by Councilman Pinkley, seconded by Councilman B. Smith, and carried, that the public hearing be closed. Resolution 560 Thereupon Resolution No. 560 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE NAME OF FAIRLANE DRIVE IN SAID CITY TO WOODLAND PLACE, was presented. Following reading of the Resolution it was moved by Councilman Pinkley that Resolution No. 560 be adopted. The motion was seconded by Councilman B. Smith, and carried by the following roll call vote: AYES: Councilmen: Rea, Pinkley, B. Smith, J. Smith NOES: Councilmen - None ABSENT: Councilman: Meyers PUBLIC HEARING The Mayor announced that this was the time and place fixed by the Rezone No. 54 City Council for public hearing on Rezone Petition No. 54, being Aszman the petition of James G. Aszman, 3252 North Walnut Grove Avenue, South San Gabriel, to rezone from R4 to R2 the westerly 189 feet of the easterly 252 feet of Lot 503, Newport Mesa Tract, located on the south side of Center Street 408 feet easterly of the center line of Pomona Avenue, and declared the hearing open. The Clerk read the recommendation of the Planning Commission for approval provided 1) that prior to the hearing by the City Council that there be on file with the City Clerk a dedication of 30.00 feet along the southerly line of Lot 503, Newport Mesa Tract, for street purposes; 2) that prior to the hearing by the City Council that there be on file with the City Clerk an agreement to a) restrict the building to 1500 square feet of land area per unit; b) two for one usable and adequate off-street parking; c) to install a 4 foot residential sidewalk along the entire frontage on Center Street; and d) that the application be given full credit for square footage dedicated to the City of Costa Mesa for street purposes on unit construction and automobile parking. The Clerk reported that no written communications had been received. There- upon the Mayor inquired if there were anyone present wishing to speak on the rezone. Thereupon Mr. James G. Aszman stated that he had sent a communication to the Council requesting reconsider- ation on certain items. The Clerk reported that no communication had been received, thereupon Mr. Aszman brought a copy of the communication to the Clerk who read the following requests: a) the petitioner agrees to dedicate the mentioned 30.00 feet upon completion of building or prior to issuance of certificate of occupancy. b) the petitioner agrees to not use the mentioned 30.00 feet for construction of buildings and c) the dedication of land revert to the petitioner if land of adjacent properties is not acquired for street purposes in a period of three years from date of dedication. Judge Dodge thereupon spoke from the floor stating that inasmuch.as his property is adjacent he was interested in the proposed street and how much he would be required to dedicate. There followed a discussion on the street and the,possibility of another plan. Thereupon it was moved by Councilman B. Smith, seconded by Councilman Pinkley, and carried, that action on the Rezone Petition be continued to the next regular meeting on March 2. RESOLUTION 561 The City Attorney reported that he had examined the Agreement Harbor Boulevard between the County of Orange and City of Costa Mesa re: Harbor widening Boulevard and approved it as to form. The City Engineer reported that he had approved it as to engineering. Thereupon Resolution No. 561 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING A REVISED AGREEMENT BY AND BETWEEN THE COUNTY OF ORANGE AND THE CITY OF COSTA MESA FOR THE IMPROVEMENT OF HARBOR BOULEVARD WITHIN THE CITY LIMITS OF THE CITY OF COSTA MESA, was presented. Upon motion by Councilman Pinkley, seconded by Council- man Rea, Resolution No. 561 was adopted by the following roll call vote: AYES:- Councilmen: Rea, Pinkley; J..Smith, B. Smith NOES: Councilmen - None ABSENT-.- Councilman - Meyers Tract No. 1644 The City Engineer reported that the improvements in Tract No. 1644 Cash Bond Refund had been completed in accordance with plans and specifications and recommended that the balance of the cash bond, $4,500.00, be refunded to the subdivider, Mr. Killion. Upon motion by Councilman B. Smith, refund of $4,500.00 was granted. The motion was seconded by Council- man Rea, and carried by the following roll call vote: AYES: Councilmen: Rea, Pinkley, J. Smith, B. Smith NOES: Councilmen - None y ABSENT: Councilman: Meyers Monthly Reports Upon motion by Councilman Pinkley, seconded by Councilman Rea, and carried the following reports were received and ordered filed: Finance, City Treasurer, Police Department. Refund -Art Craft A communication was read from Art Craft -Neon Company,, P. 0. Box Neon Company 61142, South Station, 15204 South Broadway, Los Angeles, California, requesting refund on Building Permit No. 8419 and Electrical Permit 926 No. 7968 inasmuch as they were not installing the sign the permits were taken out for. A communication was read from Mr. A. J. Volz, Building Official, recommending a refund of $5.52. Thereupon it was moved by Councilman B. Smith, seconded by Councilman Pinkley that the refund be granted. The motion carried by the following roll,call vote: AYES: Councilmen: Rea, Pinkley, B. Smith, J. Smith NOES: Councilmen - None ABSENT: Councilmen: Meyers Rezone No. 60 Rezone Petition No. 60, being the petition of Lincoln Savings Lincoln Savings and Loan Association, 1300 Westcliff Drive, Newport Beach, & Loan Assn. to rezone from Al to R2, Lots 94 through 97 of Tract No. Set for Public 3363, located on the south side of Gisler, West of Bermuda Hearing Drive was presented. Upon motion by Councilman Pinkley, seconded by Councilman B.Smith, and carried, public hear- ing was set for March 2, 1959, at the hour of 7:30 o'clock p.m. or as soon thereafter as possible in the Council Chambers. Those people in the audience waiting to speak were informed that the public hearing would be held on March 2. Continuation on The Clerk informed the Council that no bond had been received Ord. No. 222 from Mr. LaLanne concerning Rezone Petition No. 56, and the LaLanne applicant requested a two week continuation for the second reading of Ordinance No. 222. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Rea, and carried that action be deferred to March 2, 1959• Continuation on The Clerk informed the Council that no bond had been received Ord. No. 223 from Mr. Williams concerning Rezone Petition No. 57, and the Williams applicant requested a two week continuation for the second reading of Ordinance No. 223. Thereupon it was moved by Councilman B. Smith, seconded by Councilman Pinkley, and carried that action be deferred to March 2, 1959. Tract 1644 The re -subdivision of Tract No. 1644 for Kenneth W. Koll, Koll 1555 Placentia Avenue, Newport Beach, to resubdivide Tract Re -subdivision No. 1644 into 25 lots changing the width of the lots from 60 feet to 50 feet was presented together with the recom- mendation of the Planning Commission for approval. Mr. Dale Hollingsworth was present and requested information. The Council informed him that this re -subdivision would make 30 less units. After discussion it was moved. by Councilman B. Smith, seconded by Councilman Pinkley, and carried, that the Council concur with the approval of the Planning Commission on Tract No. 1644 finding that the tract has less than 5 acres in area and that no dedication of streets are required as per the Business and Professional Code. Rezone No. 62 The Clerk presented Rezone Petition No. 62 submitted by Peterson Earl G. Peterson, 190 East 15th -Street, Costa Mesa, request - Referred to ing the rezoning of the West 126 feet of Lot 604 of the Plan. Commission Newport Mesa Tract from R4 to R2. Upon motion by Council- man Pinkley, seconded by Councilman Rea, and carried, Rezone Petition No. 62 was referred to the Planning Com- mission for their recommondation. Rezone No. 63 The Clerk presented Rezone Petition No. 63 submitted by Konviser Simon Konviser, 2030 Beryl Lane, Newport Beach, California, Referred to Plan- to rezone a portion of the northeasterly 132 feet of Lot ning Commission 221, Newport -Heights Tract from R4 to R2. Upon motion by Councilman Rea, seconded by Councilman B. Smith, and carried Rezone Petition No. 63 was referred to the Plan- ning Commission for their recommendation. , Rezone No. 64 The Clerk presented Rezone Petition No. 64 submitted by Kissel Howard C. Kissel, 138 47th Street, Newport Beach, to rezone Referred to Plan- Lot 211 of Newport Heights Tract from R4 to R2. Upon motion ning Commission by Councilman B. Smith, seconded by Councilman Pinkley, and carried, Rezone Petition No. 64 was -referred to the Planning Commission for their recommendation. t$ Deed of Right A deed of right of way dated February 16, 1959, from Sylvia of Way and Mal J. Fink and Lynn W. Corwin for that certain street known as Alley South of 19th off Monrovia, was presented. Upon motion by Councilman B. Smith, seconded by Councilman Rea, the deed was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen: Rea, Pinkley, B. Smith, J. Smith NOES: Councilmen -None ABSENT: Councilman: Meyers A deed of right of way dated February 16, 1959, from Kenneth Elmo, Pauline and Kenneth Wayne Johnson, for that certain street known as the Street Southeast off Orange, Northeast of 21st -Street, was presented. Upon motion by Councilman Pinkley, .seconded by Councilman B. Smith, the deed was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen: Rea, Pinkley, B. Smith, J. Smith NOES: Councilmen - None ABSENT: Councilman: Meyers Variance 435-A Variance Application No. 435-A being the application of Terhune Burton H. Terhune,. Sr., P. 0. Box x-758, Carmel, California, to permit the continued use of property by the Christian Science Church to hold three meetings a week and the daily use of part as a reading room for three years at 427 East 17th Street, was presented together with the recommendation of the Planning Commission for approval for a period of two years under the condition as were placed on Variance No. 435 as follows: "That adequate and sufficent usable off-street parking be provided at the side and rear of this building at the ratio of one parking space for every three seats and that the church police its own parking area." A communication was also read from the Director of Planning, stating that the Planning Commission asked that the appli- cant be notified that, due to the -time limit placed on this variance, the church should start looking for another piece of property for its use. After discussion, it was moved by Councilman B. Smith, seconded by Councilman Pinkley, and carried, that the application be approved for two years as recommended, and that no letter be sent to the Church asking them to look for a permanent site. Variance'439-A Variance Application No. 439-A,.being the application of Johnson Thomas W. Johnson, 904 West 19th Street, Costa Mesa, to permit the continued operation of a dark room in garage to permit transacting a business of processing motion picture film to do a mail order business of home movies and T.V. commercials at 904 West 19th Street was presented together with the recommendation of the Planning Commission for approval for a period of two years 'subject to the fol- lowing conditions placed on the original variance: "1) no retail sales, mail order only; 2) No employees; 3) No signs; 4) Approval of the Fire Department." Mr. Johnson, the applicant, was present. Upon motion by Councilman Pinkley, seconded by Councilman Rea, and carried, the variance was approved subject to the recommendation of the Planning Commission. Variance 559 Variance Application No. 559, being the application of Ira Hartshorn D. Hartshorn, 1950 Parson Road, Costa Mesa, to permit a 23.00 foot rear yard setback and seven units on 20,460 square feet of land area. Five units are already existing, this would be 540 square feet short of the required square footage, to be located on the east side of Parsons Street, 12+.20 feet -northerly of the centerline of Bernard Street was presented together with the recommendation of the Plan- ning Commission for approval subject to the following con- dition: 1) That.the applicant provide 14 off-street parking spaces (two to one ratio) under the direction of the Director of Planning. Upon motion by Councilman Pinkley, seconded by Councilman Rea, and carried, the Variance was approved as recommended by the Planning Commission. 0-28-,- Variance -28' Variance 563_ Variance Application No. 563, being the application of Ackerman. Gail P. Ackerman, 6210 West Ocean Front, Newport Beach, to permit the construction of 11 units on 19,305 square feet of land area or one unit for each 1755'square feet of land area on the north side of Monte Vista, 2+7.5 feet westerly of the center line of Elden Avenue, was presented together.with the recommendation of the Planning Commission for approval subject.to the following conditions: 1) That the applicant provide two for one off-street parking under the direction of the Director of Planning. 2) That there be a building setback of 40.00 feet from the property line along the northwesterly boundary (Newport Blvd. side) of this property. 3) This 40.00 feet area may be used for parking and/or anything else desired by the applicant with the exception of structures (main or accessory). After discussion as to the overbuilding of the area it was moved by Councilman B. Smith, seconded by Mayor Smith that the Variance be approved subject to the recommendations of the Planning Commission. The motion carried by the following roll call vote: AYES: Councilmen: Rea, B. Smith, J. Smith NOES: Councilman: Pinkley ABSENT: Councilman: Meyers Variance 562 Variance Application No. 562, being the application of Karren and Charry B. Karren and Lorraine K. Chatterton, 298 Princeton Chatterton Drive, to permit a home occupation to practice electrology, was presented together with the request from the applicant for withdrawal. Upon motion by Councilman Pinkley, seconded by Councilman Rea, and carried Variance No. 562 was denied. Thereupon the Clerk read the request of the applicant and recommendation of the Planning Commission for full refund of $25.00'of the Variance fee. Upon motion by Councilman Pinkley, seconded by Councilman Rea, refund of $25.00 was allowed upon the following roll call vote: AYES: Councilmen: Rea, B. Smith, Pinkley, J. Smith NOES: Councilmen - None ABSENT: Councilman: Meyers Subdivision 232 Subdivision Application No. 232, being the application of Petitte Mr. A. C. Petitte, 2129 Harbor Boulevard, Costa Mesa, to 'divide property located at 141 East Wilson Street, and described as portions of Lots 28 and.29 of Tract 300, into three parcels, was presented together with the recommend- ation of the Planning Commission for approval. Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried the subdivision was approved as recom- mended. PERMITS Upon motion by Councilman Pinkley, seconded by Councilman B. Smith, and carried, permit was granted to Richard Law- rence for a yearly dance permit at Dicks Horseshoe, 239+ Newport Boulevard, upon the recommendation of the Chief of Police. Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried, permit was granted to Odis M. Clark, 252 East Palmer, for a one day auction on February 19th for personal effects, at 252 East Palmer. Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried, permit was granted to Agnes Ramsey, for a retail -second hand store -some new knomas A & H Fur- niture, 202+ Placentia with the provision that there be no outside storage or display. Upon motion by Councilman Pinkley, seconded by Councilman Rea, and carried, permit was granted to R. E. Varela, dba Detective Agency and Private Patrol, 25+1 North Durfee Avenue, El.Monte, as recommended by the Chief of Police. 1 1 W. R. No. 167 Upon motion by Councilman Pinkley, seconded by Councilman B. Smith, Warrant Resolution No. 167 including Payroll No. 112 eras approved by the following roll call vote: AYES: Councilmen: Rea, Pinkley; B. Smith, J. Smith NOES: Councilmen - None ABSENT: Councilman: Meyers Oral Communica_ The Mayor inquired if there were anyone present wishing to tions speak on some item not on the agenda. Thereupon Mr. Dale Hollingsworth, 1+03 Dale Way, spoke from the floor request- ing information on Rezone Petition No. 25, A. A. McCray, et. al. (Jabsco Pump) and whether or not the requirement Hollingsworth of the fence on the east property line would be completed. The City Attorney informed Mr. Hollingsworth that Mr. McCrory had been so notified and he had been assured that construc- tion would start as soon as a contract could be signed_. Mrs. Beulah Fore, also spoke on the same item., Edwards Mr. Leland Edwards, 470 East Flower, Costa Mesa, stated he wanted to call the Councils attention to the lack of cooper- ` ation in the Administrative offices of the -'City in providing taxpayers with information pertaining to financial reports._ Written Communi- No one else desiring to speak, the Mayor called for written cations communications: Wickersheim A communication was read from L. B. Wickersheim, 132 West trailer Wilson, requesting a permit to place a house trailer for living purposes at 140 West Wilson so that he could be near his place of business. After discussion by the Council, it was moved by Councilman_ B. Smith, seconded by Councilman Rea, that the permit be denied due to Ordinance. The motion carried by the following roll call vote: AYES: Councilmen: Rea, B. Smith, J. Smith NOES: Councilman: Pinkley ABSENT: Councilman: Meyers ,Hardesty Upon motion by Councilman B. Smith, seconded by Councilman rezoning Pinkley, and carried the communication of February 16, 1959, of J. Duncan and William C. Hardesty, 400 East 17th Street, Costa Mesa, concerning a proposed rezone, was referred to the Planning Commission for their consideration . Report As requested at the previous meeting of the Council, the Regional Deputy Clerk gave a summarized report on the communication Water Board of the Regional Water Pollution Control Board. Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried, the communication was received and ordered filed. Roadside Upon motion by Councilman B. Smith, seconded by Councilman Council Pinkley, and carried, the communication of the California Roadside Council concerning Billboards was received and ordered filed. Weed Upon motion by Councilman Pinkley, seconded by Councilman Abatement B. Smith, and carried, the communication of the Carbohad Corporation Inc. and the Orange County Agriculture Depart- ment concerning weed abatement was received and ordered filed. RESOLUTION 562 Resolutions opposing the establishment of a major oil re - Requestion Meet- finery in the Huntington Beach - Harbor Area were read ing with Hunting- from the Corona del Mar Chamber of Commerce and the City ton Beach on pro- of Newport Beach. After discussion as to the City of Costa posed Oil Refinery Mesa's position and their feeling that a communication should be directed to the Huntington Beach City Council requesting a meeting, it was moved by Councilman Pinkley, seconded by Councilman B. Smith that Resolution No. 562, being A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA OFFERING '929 f� U Adjournment AND ASKING COOPERATION WITH THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH IN THE MATTER OF LOCATION OF AN OIL REFINERY IN THE -HARBOR AREA, be adopted. The motion carried -by the following roll call vote: AYES: Councilmen: Rea; J. Smith, Pinkley, J. Smith NOES: Councilmen _ None ABSENT: Councilman: Meyers Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried the meeting adjourned at 9:35 P•m• to Tuesday., February 24,: 1959 at the hour of 7:30 o'clock p.m. in the Council Chambers. Ma of the City of Costa Mesa ATTEST: City Clerk of the Cit of Costa Mesa 1 1