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HomeMy WebLinkAbout07/06/1959 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA July 6, 1959 The City Council of the City of Costa Mesa, met in regular session at 7:30 o'clock p.m., July 6, 1959, at the City Hall, 695 W. 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 M. C. Cronic. ROLL CALL Councilmen Present Rea, B.Smith, Meyers, Pinkley, J. Smith Councilmen Absent: None Officials Present: City Manager, City Attorney, City Engineer, Dir- ector of Finance, Chief Deputy City Clerk Award presented for Mr. Robert Simpson, presented to the Council on behalf of the American no pedestrian fa- Automobile Association and Automobile Club of Southern California, an tality for year award placque for the second year for no pedestrian fatality. The Mayor accepted the award for the City and presented it to the Chief of Police to be hung in the Police Department as a record of the Depart- ments achievement. Minutes 615 Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried, the minutes -of the regular meeting of June 15, were approved as written and previously distributed. Minutes 629 Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried,_the minutes of the regular adjourned meeting of June 29, were approved as written and previously distributed. PUBLIC HEARING The Mayor announced that -this was the time and place set for public Setback lines hearing for the establishment of Building Setback Lines in Tract No. in Tr,. 3363 3363. The Clerk reported that notice of public hearing had been duly published for the establishment of building setback lines on Lots 130 through 180, ;,ots 197, 198, Lots 200 thrugh 203, Tract No. 3363, as follows: Front yard setback of 40.00 feet from the center line of the Street and a rear yard setback of 20.00 feet from the property line. He reported that the Planning Commission recommends the adption of an Ordinance to establish Wai,lding setback lines as listed. He further stated that no written communications had been received. Thereupon the Mayor declared the hearing opened and inquired if there were any- one present wishing to speak. No one wishing to speak it was moved by Councilman Pinkley, seconded by Councilman Meyers and carried, that the public hearing be closed. Thereupon it was moved by Councilman B. Smith, seconded by Councilman Rea, that Resolution No. 621, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ADOPTING A PRECISE PLAN FOR THE ESTABLISHMENT OF BUILDING SETBACK LINES ON CER- TAIN LOTS IN TRACT NO. 3363 IN SAID CITY be adopted. The motion car- ried by the following roll call vote; AYES: Councilmen Rea, B.Smith, Meyers, Pinkley, J.Smith NOES: Cpuncilmen - None ABSENT: Councilmen - None PUBLIC HEARING The Mayor announced that this was the time and place set for public hear - Setback lines ing for the establishment of building setback lines for the alley east for alley E. of of Harbor Blvd., between Hamilton and Victoria Streets. The Clerk re - Harbor Between Hamilton & ported that notice of public hearing had been duly published for the establishment of building setbahk lines as shown on Plan "A:, described Victoria as follows: That no building or structure shall be built closer than 10.00 feet to the following described lines -Beginning at a point closer than 10.00 feet to the following described lines -beginning at a point on the South line of Victoria Street, distant east thereon 324.45 feet from the center line of Harbor Blvd.; thence South parallel with said center line of said Harbor Blvd., to the north line of Hamilton Street. He -He reported that the Planning Commission recommended the adoption of the setback lines. He further stated that no written communications had "-)been received. Thereupon the Mayor declared the hearing open and in quired if there were anyone present wishing to speak. No one desiring to speak it was moved by Councilman Pinkley, seconded by Councilman Departmental Report Upon motion by Councilman B.Smith, seconded by Councilman Meyers, and carried, the monthly report of Police, Street, Building, Civil Defense,' Fire, Planning, Poundmaster, and Director of Finance for two free per- mits, were received,and ordered filed. Yearly reports Upon motion by Councilman B.Smith, seconded by Councilman Pinkley; and carried the annual fiscal reports of the Building and Street Depart- ments were received and ordered filed. Ordinance No. 245 Ordinance No. 245 changing the zoning of property on the east side of deferred for 2nd Orange Avenue between Sparks Street and 16th Place was presented for 1 reading Meyers, and carried, that the hearing be closed. Thereupon, it was moved by Councilman Pinkley, seconded by Councilman Rea that Reso- RESOLUTION 622 lution No. 622, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ADOPTING A PRECISE PLAN FOR THE ESTABLISHMENT OF BUILD- ING SETBACK LINES EAST OF HARBOR BOULEVARD, BETWEEN VICTORIA STREET AND HAMILTON STREET IN SAID CITY, be adopted. The motion carried by Public Hearing set the following roll call vote: Rezone 74 AYES: Councilmen Rea, Pinkley, Meyers, J.Smith Longstreth NOES: Councilman B. Smith ABSENT: Councilmen - None PUBLIC HEARING The Mayor announced that this was the time and place set for Public Vacation of Drain- Hearing for vacation of a right of way for drainage purposes in Tract age Easement in 3363. The Clerk reported that notice of public hearing had been duly Tr. 3363 published declaring intention to order the vacation of a right of way for drainage purposes in portions of Lots 155 and 156 of Tract No. 3363 Public Hearing set in City, and that no written communications had been received. There- Rezone 75 upon the Mayor declared the hearing open and inquired if there were Betz anyone present wishing to speak. No one desiring to speak it was moved by Councilman B. Smith, seconded by Councilman Rea, and carried that the public hearing be closed. Thereupon it was moved by Councililan RESOLUTION 623 Pinkley, seconded by Councilman B.Smith, that Resolution No. 623, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ORDERING THE VACATION OF A RIGHT OF WAY FOR DRAINAGE PURPOSES IN PORTIONS OF LOTS 155 and 156 of TRACT NO. 3363 IN SAID CITY, be adopted. The motion carried by the following roll call vote: AYES: Councilmen Rea, Pinkley, Meyers, B.Smith, J.Smith NOES: Councilmen- None ABSENT: Councilmen - None Departmental Report Upon motion by Councilman B.Smith, seconded by Councilman Meyers, and carried, the monthly report of Police, Street, Building, Civil Defense,' Fire, Planning, Poundmaster, and Director of Finance for two free per- mits, were received,and ordered filed. Yearly reports Upon motion by Councilman B.Smith, seconded by Councilman Pinkley; and carried the annual fiscal reports of the Building and Street Depart- ments were received and ordered filed. Ordinance No. 245 Ordinance No. 245 changing the zoning of property on the east side of deferred for 2nd Orange Avenue between Sparks Street and 16th Place was presented for 1 reading second reading. The Clerk reported that two signatures were still lack- ing from the deed restriction. Whereupon Mr. Dwaileebe, the applicant, presented a signed deed restriction from Mr. Crawford. Thereupon it was moved by Councilman B.Smith, seconded by Councilman Rea, and carried, that second reading be deferred to the next regular meeting, in order for the Clerk to receive the deed restriction signature. Public Hearing set Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and Rezone 74 carried, Public Hearing for Rezone Petition No. 74, being the petition Longstreth of Jerry F. Longstreth, 14142 Sunset Plaza Drive, Los Angeles 45, to rezone from R4 to R2 property described as Lot 503, Newport Mesa Tract, excepting therefrom the westerly 252 feet and the easterly 312 feet, located on the SQtth side of Center Street, apprximately 282 feet easter- ly of the center line of Pomona Avenue, was set for public hearing on July 20, 1959, at the hour of 7:30 o'clock p.m. or as soon thereafter as possible in the Council Chambers. Public Hearing set Upon motion by Councilman B.Smith, seconded by Councilman Pinkley, and Rezone 75 carried, Public Hearing on Rezone Petition No. 75, being the petition Betz of Lyman B. Betz, 821 Havenhurst Point, La Jolla, to rezone from Al to Cl, R1, and P1, property located on the North side of Baker Street, extending 205 feet northerly of the center line of Baker Street, from Harbor Blvd. to College Avenue, was set for July 20 at 7:30 o'clock p.m. oras soon thereafter as possible in the Council Chambers Tentative Map of Tract No. 3460, for K. W. Fether, 216 Via Ithaca, Newport Beach, to divide portions of Lots 46 and 39, Fairview Farrms Tract, into 19 parcels, located north of Wilson Street, on the East side of Pomona and extending to the Costa Mesa boundary on the North, was presented together with the recommendation of the Planning Commis- sion for approval subject to the following conditions: 1) That Lot 16, 60 foot x 135 foot be ded-1catedn to the City of Costa Mesa for street purposes with all improvements:' 2) All requirements of the City Engineer: Upon motion by Councilman B. Smith, seconded by Councilman Pinkley and carried, the Tentative Tract was approved as recommended. Bldg.-Mvg. 255 & Application for Building Moving Permits 255 and 256, being the appli- 256 cation of Frank Tunstall, 377 W. Bay Street, to move two garages from Tunstall 314 and 318 Petty Way, Costa Mesa, to 377 W: Bay Street, was presented together with the recommendation of the Planning Commission for appro- val subject to the following conditions: 1) The posting of a $1,000.00 bond for each garage. 2) All the requirements of the Building Safety Department. Upon motionby Councilman Pinkley, seconded by Councilman B.Smith, and carried, Applications 255 and 256 were approved subject to the recommendations of the Planning Commission. Bldg.-Mvg. 257 Application for Building Moving Permit No. 257, being the application Bayshore Park of Bayshore Park, 112 W. Coast Highway, Newport Beach, to move a dwell ing from 112 W'. Coast Highway, Newport Beach, to 221 E. 22nd Street, Costa Mesa, was presented, together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) The posting of a $4,000.00 bond. 2) All the requirements of the Building Safety Department. Upon motion by Councilman B.Smith, seconded by Councilman Rea, and carried, Application No. 257, was approved subject to the recommendation of the Planning Commission. RESOLUTION 624 Upon motion by Councilman B.Smith, seconded by Councilman Pinkley, Lease for Geo- Resolution No. 624, being A RESOLUTION OF THE CITY COUNCIL OF THE graphical Sign CITY OF COSTA MESA APPROVING A LEASE AGREEMENT BY AND BETWEEN HARBOR Harbor Rest REST MEMORIAL PARK AND THE CITY OF COSTA MESA FOR A SITE FOR A GEO- GRAPHICAL GUIDE SIGN, AND AUTHORIZING]HE EXECUTION THEREOF, was a- dopted by the following roll call vote: AYES: Councilmen Rea, B.Smith, Meyers, Pinkley, J.Smith NOES: Councilmen - None ABSENT: Councilmen - None -- Right of Way Upon motion by Councilman Pinkley, seconded by Councilman Meyers, a Deeds right of way deed dated June 29, 1959 from Frances C Jones and Leroy it. Franklin for that certain street known as Miner Street, was ac- cepted and ordered placed on record by the following roll call/rote: AYES: Councilmen Rea, B.Smith, Meyers, Pinkley, J -Smith NOES: Councilmen - None ABSENT: Councilmen - None Upon motion by Councilman Pinkley, seconded by Councilman Meyers, a right of way deed dated July <'6, 1959 from Zona -H. Ledbetter for that certain street known as 21st Place, was accepted, and ordered placed on record by the following roll call vote: AYES: Councilmen Re�, B.Smith, Meyers, Pinkley, J.Smith NOES: Councilmen - None ABIENT: Councilmen - None Upon motion by Councilman Pinkley, seconded by Councilman Meyers, a right of way deed dated June 8, 1959, from Orange Coast Junior College District, for that certain street known as Harbor Boulevard was accepted, and ordered placed on record by the following roll call vote: AYES: Councilmen Rea, B.Smith, Meyers, Pinkley, J.Smith NOES: Councilmen - None ABSENT: Councilmen - None VARIANCE 616 Variance application No. 616 being the application of Lyman B. Betz, Betz 821 Havenhurst Pt., La Jolla, to permit use of property for a trailer park, located on the northeasterly corner of Harbor Blvd. and Baker Street, between Harbor and College, was presented together with the recommendation of the Planning Commission for approval subject to the following stipulations: 1) shat the entire Trailer Park be encompassed by a 6 foot high masonry block wall with the exception of the entry way, which should be work out between the City Engineer and the owner. Mr. Russ Ford, was present in behalf of the applicant. The Mayor inquired whether or not the Traffic Commission had studied the proposed plan for traffic purposes. The Chief of Police reported that it had been discussed in the Traffic Commis- sion but only for the use of the trailer park not for the remainder of the area, and that the Traffic Commission had recommended that it be referred back to the Planning Commission for further study on traffic problems. The City Attorney informed the Council that no action could be taken on this Variance until after the Public Hear- ing on Rezone Petition 75. Thereupon it was moved by Mayor J.Smith, seconded by Councilman Rea, and carried, that Variance No. 616 be sent.back to the Plannigg Commission to study the traffic regula- tions along Baker Street as recommended by the Traffic Commission, and report back to the City Council on July 20. Variance 635 The Mayor stated that Variance No. 635 for Mr. Carl Stone would be Stone presented at this time as it was necessary for Mr. Stone to drive to Los Angeles. Thereupon Variance application No. 635, being the application of Carl A. Stone, Sr., 535 So. Curson Avenue, Los An- geles 36, to permit a rear yard encroachment of 13.516 feet into required rear yard setback of 23.516feet (as amended on June 22, 1959), was presented together with the recommendation of the Plan- ning Commission for approval subject to the following maditions: 1) %hat all land 40 feet from the center line of Westl9th Street be dedicated to the City 'of Costa Mesa for street purposes. 2) That there be a dedication often feet along the rear of this property to the City of Costa Mesa for alley purposes. 3) That the street improvements be installed at the discretion of and under the direction of the City Engineer. Mr. Stone was present in behalf of the application. Thereupon it was moved by Councilman B. Smith, seconded by Councilman Meyers, and carried, that Variance 635 be approved subject to the conditions of the Planning Commission. Mr. Stone returned the Council later in the meeting request- ing the Council not to follow through on the recommendations of the Planning Commission regarding the giving of ten feet for 95 feet along the rear of his property inasmuch as he was intending to buildigg on only 60 feet, as the remaining 35 feet was on an option to buy. Thereupon it was moved by Councilman B. Smith, seconded by Council- man Meyers, and carried that requirement No. 2 be changed to "a dedi- cation of ten feet along the rear of this property to the City of Costa Mesa for alley purposes, for the sixty feet that Mr. Stone is building on. Variance 628 Variance application No. 628, being the application of Ray Dike:y, Dike 419 E. 17th Street, Costa Mesa, for the construction of a fence to a maximum height of 6 feet with a 2 foot retaining -wall along the side property line on Fairview Avenue, and along the rear property line, located at 201 Loyola Road was presented together with the re- commendation of tho Planning Commission for approval subject to the following condition: 1) That Mr. Dike reduce the height of the fence along the rear of his property line twelve (12) inches. Upon motion by Councilman B. Smith, seconded by Councilman Pinkley,.and carried, the Council concurred with the action of the Planning Com- mission. Variance 631 Variance application No. 631, being the application of Michael Perry, Perry 208 Amherst Place, Costa Mesa, to permit a fence of maximum height of 6 feet to be built 3 feet from the side property line on Columbia; a fence with a maximum height of 5 feet in the front yard, 45 feet from the center line of Amherst; and a fence with a maximum height of six feet beginning at a point.three feet from the property line on Columbia, along the rear, located at 208 Amherst Place, was presented together with the recommendation of the Planning Commission for ap- proval subject to Police Department approving location, and Ordinance No..60 of City of Costa Mesa, that the fence be set in four fe6t from the sidewalk along Columbia instead of three feet, as requested by the applicant. The Clerk read a communication in favor from William Vecchii, Mr. Perry was present and presented to the Clerk a written .communication in favor from Mr. Gilliams. Thereupon it was moved by Councilman B. Smith, seconded by Councilman Meyers, and carried, that the variance be approved subject to all the recommendations of the Planning Commission. Variance 632 Variance application No. 632, being the application of Donald A. Davis Davis, 2390 Colgate Drive, Costa Mesa, to permit 5 foot encroach- ment into the required front yard setback of 50 feet from the center- line of street for an attached garage and for an addition to the existing garage, located at.2390 Colgate Drive, was presented, to- gether with the recommendation of the Planning Commission for denial for the following reasons: 1) Twelve persons present at the meeting protested. 2) No hardship is shown onihe variance. 3) It will create a traffic hazard on this corner. The following spoke in pro- test: Mr. John Luchensmyer, 318.Villanova; Mr. Leonard Horn, 2391 Notre Dame; Mr. John Nulton, 2365 Colgate; Mr. Jack Hart, 2361 Colgate; Mr. John Peterson, 296 Villanova. After discussion, it was moved by Councilman Rea, seconded by Councilman B.Smith, and carried that the recommendation of the Planning Commission for denial, be upheld. Variance 633 Variance application No. 633, being the application of Fred S. Coury, Cour, 1562 Newport Blvd., to permit a 0' rear yard setback fora commercial building at the rear of 1562 Newport Blvd., was -presented; together with the recommendation of the Planning Commission for approval sub- ject to the installation of commercial sidewalks along Newport Avenue, under the direction of the City Engineer. Upon motion by Councilman Pinkley, seconded by Councilman Rea, and -carried, the variance was approved as recommended. The Clerk reported that Mr. C. E. Williams requested action on Vari- ance No. 634 be deferred to the next regular meeting on July 20, in- asmuch as he was out of ,the City and would not be able to attend the meeting. Thereupon the Mayor inquired if there were anyone present wishing to speak on the Variance. No one wishing tosspeak it was moved by Councilman Rea, seconded by Councilman Pinkley, and carried, that Variance No.,634, be deferred to the next regular meeting of July 20, 1959, as requested. PERMITS The Clerk presented the application of Seal's Ambulance Service 535 Seals Ambulance Center Street, Costa Mesa, for Certificate of Public convenience and Certificate of Necessity, together with the recommendation of the Chief of Police Public Conven- that upon compliance with the instructions of the City Attorney upon ience & NecessitYuse of operators and attendants as taxi drivers also, that the Certi- ficate be issued, and the notification of the City Attorney that the insurance complied with the Ordinance. Thereupon it was moved by Councilman B.Smith, seconded by Councilman Meyers, and carried, with Mayor Smith voting noe, that the Certificate be granted. Monthly reports for The Mayor requested the Chief of Police to send monthly reports to Ambulance services the Council on the efficiency of operation of any and all ambulance services granted Certificate of Public Convenience and Necessity in the City of Costa Mesa. Transfer of Seals Upon motion by Councilman B.Smith, seconded by Councilman'Meyers, to Yellow Cab and carried, transfer of ownership of Seals Taxi (4 taxicabs) to Yellow Cab of Newport and Costa Mesa, and the existing Certificate of Public Convenience and Necessity covering the 4 taxicabs, was approved for an interim period of 90 days. The Mayor inquired of Mr. Seal how long his drivers would still be driving Seals Taxis. Mr. Seal stated that "today, July 6, is the last day." W. R. 178 Upon motion by Councilman B.Smith, seconded by Councilman Pinkley, Warrant Resolution No. 178, was approved by the following roll call vote: AYES: Councilmen Rea, B.Smith, Meyers, Pinkley, J.Smith NOES: Councilmen - None ABSENT: Councilmen - None Oral Communications The Mayor inquired if there were anyone present wishing to speak on Bus Service some item not on the agenda. Thereupon Mr. Jack Candelori, 306 Ruby Balboa Island, requested information on starting a bus service with- in the City of Costa Mesa. The City Attorney suggested that Mr. Can- delori contact the City Manager for the information he desired. Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried, the communication from the Orange County Board of Supervisors declaring Harbor Boulevard to be a County Highway during the period of improvement of said road, vas received, and ordered filed. Adjournment Upon motion by Councilman Pinkley, seconded by Councilman B.Smith, and carried, the meeting adjourned at 9:15 p.m. Mayo of the City'of Costa Mesa _ATTEST: City Clerk of the Citf of Costa Mesa 1 1