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HomeMy WebLinkAbout09/21/1959 - City Council1 I- I ROLL CALL Minutes 9/8/59 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA September 21, 1959 The City Council of the City of Costa Mesa met in regular session at 7:30 o'clock p.m., September 21, 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 John Donaldson. Councilmen Present: Councilmen Absent: Officials Present:: B. Smith, Pinkley, Meyers, J. Smith Rea City Manager, City Engineer, Director Deputy City Clerk Attorney, City of Finance, Chief Upon motion by Councilman B. Smith, seconded by Council- man Pinkley, and carried, the minutes of the regular.meet- ing of September 8, 1959, were approved as written and previously distributed, with one correction, i.e.: Appeal on Subdivision No. 256 -Phillips, paragraph two should read: Thereupon the City Manager pointed out that a special traffic problem existed at Baker and Harbor Boulevard and after general discussion, agreement was reached that Mr. Phillips would dedicate the required land to the City and the City, in return, would assume the responsibility for the paving of the street FRONTAGE, Mr. Phillips to install the curbing and gutter. Minutes Upon motion by Councilman Pinkley, seconded by Council - 9/i4/59 man Meyers, and carried, the minutes of the regular ad- journed meeting of September 14, 1959, were approved as written and previously distributed. PUBLIC HEARING The Mayor announced that this was the time and place set Maple Avenue for public hearing on the Extension of Maple Avenue, north - Extension erly from Hamilton to Victoria. The Clerk reported that notice had been duly published and notification given to Mrs. John Roccio, Mrs. Helen Allen, Mr. Lloyd Salisbury, Mr.'Roy Erickson, and that no writtencommunications had been received. He read the recommendation of the Planning Commission for approval. The Mayor thereupon declared the hearing open and asked if there were anyone present wishing to speak. Thereupon the following spoke in protest: Daniel W. Holden, Attorney for the-Roccio and Allens and Mr. Lloyd Salisbury, 575 Victoria. Everyone having been given an opportunity to be heard and no-one else,. -desiring to speak, it was moved by Councilman B. Smith, seconded by Council- man Pinkley, and carried, that the hearing be closed. After a lengthy discussion, it was moved by Councilman B. Smith, seconded by Councilman Pinkley, the precise plan for ex- tension of Maple Avenue, be denied. The motion carried by the following roll call vote: AYES: Councilmen: Pinkley, B. Smith, J. Smith NOES: Councilman: Meyers ABSENT: Councilman: Rea PUBLIC HEARING ' The Mayor announced that this was -the time and place set E. Wilson Exten- for public hearing on the extension of East Wilson Street sion from its present terminus in Tract 2959 to intersect with Santa Ana Avenue. The Clerk reported that no written communications'had been received, and notice had been duly published. He read the recommendation of the Plann- ing Commission for -approval and their Resolution No. 5. Thereupon the Mayor declared the hearing open and in- quired if there were anyone present wishing to speak. Everyone given full opportunity to be heard and no one desiring to speak it was moved by Councilman Pinkley, seconded by Councilman B. Smith, and carried, that the public hearing be closed. After discussion it was moved by Councilman Pinkley, seconded by Councilman B. RESOLUTION 650 Smith that Resolution No. 650 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITY OF.COSTA MESA ADOPTING A PRECISE PLAN FOR THE EXTENSION OF EAST WILSON STREET FROM TRACT NO. 2959 TO SANTA ANA AVENUE IN THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Councilmen: Pinkley, B. Smith, J. Smith, Meyers NOES Councilmen. None ABSENT: Councilmen: Rea PUBLIC HEARING The Mayor announced that this was the time and place set 1 Rezone No. 81 for public hearing on Rezone Petition No. 81. The Clerk Planning Come.. _reported that notice had been duly published to rezone mission Init. from R4 to Rl, Lots 1-20 inclusive Tract 3065, All of .Tracts 2947, 2348, 1881, 2387, 2215, 1643, 3135, 3075, 2966, 3239 and the easterly'320' of Lot 49, Fairview Farms Tract, and the southerly 215.50' of the Westerly 3401. of Lot 49, Fairview Farms Tract, and that the Planning Commission recommended approval. The Mayor thereupon -declared the hearing open and inquired 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. After discussion it ORDINANCE 263 was moved by Councilman Pinkley, seconded by Councilman - B. Smith, and carried, that first reading be given to . ORDINANCE 262 Ordinance No. 262, being AN ORDINANCE OF THE CITY OF COSTA.MESA AMENDING SECTION 3.2 OF ARTICLE III OF ORDIN- ANCE NO. 32 OF SAID CITY CHANGING THE ZONING OF CERTAIN TRACTS AND PORTIONS THEREOF FROM R4 TO Rl. PUBLIC HEARING The Mayor announced that this -was the time and place set Rezone No. 82 for public hearing of Rezone Petition No. 82. The Clerk Planning Com- reported that notice had been duly published to rezone mission Init. from R4 to R1 all of Tract 1279, 1163, 1419, 1381, 1382, 1778, the Southwesterly 330' of Lot 69, the southwesterly 330' of Lot 70, both Tracts 376, and that the Planning Commission recommended approval. The Mayor thereupon declared the hearing open and inquired if there were anyone present wishing to speak. No one wishing to speak it was moved by Councilman B. Smith, seconded by Councilman Pinkley, and carried, that the public hearing be closed. After discussion, it was moved by Councilman B. Smith-, seconded by Councilman Pinkley,-'and carried, that first reading be given to ORDINANCE 263 Ordinance No. 263, being AN ORDINANCE OF THE CITY OF - COSTA MESA AMENDING SECTION 3.2 OF ARTICLE III OF,ORDIN- ANCE NO. 32 OF SAID CITY CHANGING THE ZONING OF CERTAIN TRACTS AND PORTIONS THEREOF FROM R4 TO Rl. PUBLIC HEARING The Mayor announced that this was the time and place set Rezone No. 78-A for public hearing of Rezone Petition No. 78-A, having Planning Com- been deferred from the meeting of September 8, to rezone mission Init. from R4 to Rl, Tract No. 2959, 3033, and Lots 100 and 108 of Tract 300, and -Lot 107 of Tract 300, excepting there- from the Southeasterly 200 feet of Lot 107. Thereupon the Mayor declared the hearing open, and inquired if there were anyone present wishing to speak. Thereupon Mr. Donald Potter, 845 Joann, spoke representing 30 property owners, protesting the rezoning of property 1 i Thereupon Mr. Robertson was_ informed that this item would be placed on the agenda at the next meeting on October 5. RESOLUTION 651 Upon motion by Councilman B. Smith, seconded by Council- Santa.Ana Ave. man Pinkley, Resolution No. 651 being A RESOLUTION OF THE" Storm Drain CITY OF COSTA MESA APPROVING A CERTAIN AGREEMENT BY AND BETWEEN THE ORANGE COUNTY FLOOD CONTROL DISTRICT AND THE CITY OF COSTA MESA FOR THE CONSTRUCTION OF THE SANTA ANA from Santa Isabel to Westminster Place. After further discussion the Mayor inquired if there were anyone else present wishing to speak. No one else desiring to speak, it was moved by Councilman Pinkley, seconded by Council- man B. Smith, that the public hearing be closed. There- upon it was moved by Councilman Pinkley, seconded by Councilman B. Smith, that Lot 108 of Tract 300 be deleted from the Rezone Petition and first reading be given to ORDINANCE 264 Ordinance No. 264, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTION 3.2. -OF ARTICLE III OF ORDINANCE NO. 32 OF SAID CITY CHANGING THE ZONING. The motion carried by the following roll call vote: AYES: Councilmen: B. Smith, Pinkley, Meyers, J. Smith' NOES: Councilmen: None ABSENT: Councilmen: Rea PUBLIC HEARING The Mayor announced that this was the time and place set Wallace Avenue for public hearing on the extension of Wallace Avenue Extension from its terminus in Tract 3517 to West 18th Street. The Clerk reported that the notice had been duly published, and that the Planning Commission recommended adoption of a Building Setback Ordinance allowing no building or structure of any kind to be built, altered or moved which front is closer than 50.00 feet or sides are closer than 40.00 feet to the Easterly line of Lot 705, Newport Mesa Tract, said side or front shall be determined as defined in Ordinance No. 32, of the City of Costa Mesa. Thereupon the Mayor declared the hearing open, and inquired if there were anyone present wishing to speak. No one desiring to speak it was moved by Councilman Pinkley, seconded by Councilman B. Smith, -that the hear- ing be closed. Thereupon it was moved by Councilman B. Smith, seconded by Councilman Pinkley, that Ordinance No. ORDINANCE 265 265, being AN ORDINANCE OF THE CITY OF COSTA MESA AMEND- ING SECTION 10.3 OF ARTICLE X OF ORDINANCE NO. 32 AND ESTABLISHING SETBACKS IN LOT 705 OF NEWPORT NEST TRACT, was given first reading. The motion carried. Variance 397-A Mr. Paul Roberton, agent for A. C. Stoneman, -requested Parking Deviation that the item under Variance No. 397-A be brought for - Stoneman ward at this time. Thereupon the Clerk presented the request of A. C. Stoneman Inc., 945 Afton Road, San Marino 9, California, to eliminate fourteen (14) parking spaces (one space each on Lots 5 through 18, Tract -No. 3411) as approved under Variance No. 397-A, together with the recommendation of the Planning Commission for approval of seven (7) off- street parking spaces for each of Lots 5 through 18, Tract No. 3411, instead of the required 8 parking spaces for each of these lots, as approved under Variance No. 397-A. Mr. Robertson was present and spoke in favor of the deviation stating that this could cut down the number of street cuts used. After a lengthy discussion it was moved by Councilman B. Smith, seconded by Councilman Pinkley, that the deviation be granted'as recommended. The motion tied with a 2-2 vote as follows: AYES: Councilmen: B. Smith, J. Smith NOES: Councilmen: Pinkley, Meyers ABSENT: Councilmen: Rea Thereupon Mr. Robertson was_ informed that this item would be placed on the agenda at the next meeting on October 5. RESOLUTION 651 Upon motion by Councilman B. Smith, seconded by Council- Santa.Ana Ave. man Pinkley, Resolution No. 651 being A RESOLUTION OF THE" Storm Drain CITY OF COSTA MESA APPROVING A CERTAIN AGREEMENT BY AND BETWEEN THE ORANGE COUNTY FLOOD CONTROL DISTRICT AND THE CITY OF COSTA MESA FOR THE CONSTRUCTION OF THE SANTA ANA AVENUE AND 23RD STREET DRAIN TO ITS TERMINUS AT THE SANTA ISABRL STORM CHANNEL, was adopted by the follow- ing roll call vote: AYES: Councilmen: B. Smith, Pinkley, Meyers, J. Smith NOES: Councilmen: None ABSENT: -Councilmen: Rea Reports Upon motion by Councilman Pinkley, seconded by Council- men B. Smith, and carried, the monthly report of August for the Director of Finance and City Treasurer, and the Annual Year End report of the Director of Finance were 3'eceived and ordered filed. Upon motion by CouncilmanjR Smith, seconded by Council- man Meyers, and carried, the report of the Director of Finance for three free permits for the month of August was received and ordered filed. ORDINANCE 255 Upon motion.by Councilman B. Smith, seconded by -Council - Rezone 75 man Pinkley, and carried, Ordinance No. 255, being AN - (2nd reading) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA Betz AMENDING SECTION 3.2 OF ARTICLE III OF ORDINANCE NO. 32 OF SAID CITY CHANGING THE ZONING OF CERTAIN PARCELS OF Annexation. LAND LYING NORTHERLY OF BAKER STREET, BETWEEN HARBOR BOULEVARD AND COLLEGE AVENUE, FROM Al to Rl, P1, AND Cl was given second reading. Upon motion by Councilman by Councilman Meyers, that Resolution No. 652 being A RE- B. Smith, seconded by Councilman Pinkley, Ordinance No. 255 was adopted by the following roll call vote: AYES: Councilmen: B. Smith, Pinkley, Meyers, CLARING ITS INTENTION TO CALL A SPECIAL ELECTION TO SUB- J. Smith NOES: Councilmen: None ABSENT: Councilmen: Rea Call for Bids on Upon motion by Councilman B. Smith, seconded by Council - Paving - VPD II man Meyers, and carried, the City Manager was instructed to call for bids for the paving of the parking lot of October 26), was adopted by the following roll call vote: Vehicle Parking District No. 2. Pinkley appoint- Upon motion by Councilman Meyers, seconded by Councilman ed to Water B. Smith, and carried, Councilman A. L. Pinkley was appointed District as Director of the newly merged Costa Mesa County Water District. Bristol No. 3 The. Clerk reported that he had received the petition for Annexation Hear- Bristol No. 3 Annexation and certified to it containing ing Set 10/2659 1/4 of the qualified electors signatures of Bristol No. 3 Annexation. Thereupon it was moved by Councilman Pinkley, seconded RESOLUTION 652 by Councilman Meyers, that Resolution No. 652 being A RE- SOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA DE- CLARING ITS INTENTION TO CALL A SPECIAL ELECTION TO SUB- MIT TO THE QUALIFIED ELECTORS RESIDING IN THE HEREINAFTER DESCRIBED TERRITORY THE QUESTION OF ANNEXATION OF -SAID TERRITORY TO THE CITY OF COSTA MESA (Sets -hearing on October 26), was adopted by the following roll call vote: AYES: Councilmen: B. Smith, Pinkley, Meyers, J. Smith NOES: Councilmen: None ABSENT: Councilmen: Rea Rezone Petitions _,Upon motion by Councilman B. Smith, seconded by Council - Public Hearing man Pinkley, and carried, the following Rezone Petitions Set were set for Public Hearing on Monday, October 5, 1959, at the hour of 7:30 o'clock p.m. or as soon thereafter as possible in the Council Chambers: No. 79 No. 79 - Elite Sales Corp., 214 Via Ithaca, Newport Beach, to rezone from R4 to R2, Lot 706, Newport Mesa Tract. No. 80 No. 80, Walter Beil, 247 Ocean View, Newport Beach, Hostetler to rezone from R4 to R2, Lot 59, Tract 57.. No. 83 No. 83, Swentek Construction Co., Inc., 1570 W. Sumac Lane, Anaheim to rezone from Al to R2, Lots 1 through 14, Block E, Fairview Tract. No. 84 No. 84, William E. George, 3007 -Murray Lane, to rezone from R4 to Cl, the southerly 114.5 feet of the easterly '.-half of Lot 4, Tract 9, excepting therefrom the easterly 75' and the westerly 218.04' of Lot 82, Tract 57. No. 85 No. 85, Thomas J. Bryan, 1793 Kenwood Place, to rezone from R4 to R2,.the southwesterly 66.15' of the north- easterly 198.15' of the southeasterly 380.30' of Lot 221-, Newport Heights Tract. No. 87 No. 87, Initiated by the planning commission, to rezone from R4 to Rl all of Tracts 1872, 3185, 2873, 3143, Lots 53-56, 57, 61, 62 of Fairview Farms Tract, Lot 34, Tract 9. Deeds of Right Upon motion by Councilman Pinkley, seconded by Councilman of Way Meyers, a right of way deed dated September 3, 1959, from, Lione Cecil and Winfred Cecilia Charle for that certain street known as Harbor Boulevard, was received and ordered placed on record by the following roll call vote: Variance 659 AYES: Councilmen: B. Smith, Pinkley, Meyers, Vogel J. Smith NOES': Councilmen: None ABSENT: Councilmen: Rea Upon motion by Councilman Pinkley, seconded by Councilman Meyers, a right of way deed dated September 10, 1959, from Frank and Anna L. Belcher, for that certain right of way known. as Santa Ana Storm Drain, was received: and ordered placed on record by the following roll call vote: AYES: Councilmen: B. Smith, Pinkley, Meyers, J. Smith NOES: Councilmen: None ABSENT: Councilmen: Rea Variance 658 Variance application No, 658, being the application of Hostetler Jackson Ross Hostetler, 426,East Flower, Costa Mesa, to :permit an'.encroachment of 4' into the required 25' rear yard setback to permit an addition to the existing house at 426 E. Flower, was presented together with the re- commendation of the Planning Commission for approval sub- je.ct to the following conditions: T) Dedication of all land 30.00 feet from the center line of Flower Street to the City of Costa Mesa for street purposes. 2) Two to one off-street parking ratio under the direction of the Director of Planning. 3) Installation of 4' residential sidewalks under the direction of the City Engineer. 4) Dedication of 10' to the City of Costa.Mesa for an alley easement along the Northerly property line. Mr. Hostetler was present and requested information as to why the dedication was necessary. The City Engineer stated that Flower Street was a.601 street except for a few parcels, one of which was Mr. Hostetler's. Mr. Hostetler also requested deletion of the sidewalk requirement. After discussion it was moved by Councilman B. Smith, seconded by Council- man Meyers, and carried, that Variance No. 658 be approved subject to all the requirements of the Planning Commission with the exception of No. 3 which was deleted. Variance 659 Variance application No. 659, being the application of Vogel Otto F., Vogel, 353 Flower Street, to permit an encroach- ment of 3.00 feet into the required 10 feet side yard setback along Raymond Avenue, was presented, together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) That the applicant dedicates -the spandrel at the corner of Flower and Raymond to the City of Costa Mesa for street purposes. 2) That the applicant installs sidewalks along both Flower and Raymond Streets. After discussion it was moved by Councilman Meyers, seconded by Council- man B. Smith, and carried, that the variance be approved subject to the recommendations of the Planning Commission with the exception of No. 2, which was deleted. Variance -No. 660 Variance Application No. 660, being the application of Elite Sales Corp. Elite Sales Corp. (Kenneth W. Fether) 214 Via Ithaca, Newport Beach, to permit building of 19 four -unit apartment buildings (One 4 unit apartment building on each of the following lots in Tract 3517 - Lots 1 through 11 and 15 through 22),located on the east side of Placentia, approximately 330' southerly of W. 18th St., was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) All the requirements of the City Engineer, dated August 10, 1959 for Tentative Tract 3517; 2) A maximum of one unit for each 1500 sq. ft. of land area; 3) Two to one off-street parking ratio under the direction of the Director of Planning. After discussion it was moved by Councilman B. Smith, seconded by Mayor Smith that the Variance be approved subject to all the requirements of the Planning Commission. The motion failed to carry by the following roll call vote: - AYES: Councilmen: B. Smith NOES: Councilmen: Meyers, Pinkley, J. Smith ABSENT: Councilmen: Rea Variance 661 Variance Application No. 661, being the application of. Beaudette Edward T. Beaudette, 585 W. 19th Street, to permit a rear yard encroachment of 6' into the 25' setback of commercial property, was -presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) Subject to all the requirements of the Department'of Building Safety. 2) The installation -:_ of 8' commercial sidewalks along W. 19th Street in front of this property. After discussion it was moved by Councilman B. Smith, seconded by Councilman J. Smith, and carried, that the Variance be approved subject to all the requirements of the Planning Commission. PERMITS Upon motion by Councilman B. Smith, seconded by Council - Foster and man Meyers, and carried, with Councilman Pinkley voting Kleiser.- no, Foster & Kleiser Company was granted a back to back structure (2 panels) at the Northeast corner of 17th St. and Santa Ana Ave., a single structure on the South side of 17th St., approximately 695 West of Orange Avenue, these two to replace si�p.s; on Harbor Blvd. 400 feet north of Wilson, which have been removed. Pierose Build- Upon motion by Councilman Pinkley, seconded by Council- ing Maintenance man B. Smith, and carried, the Pierose Building Maintenance Co., Inc. Co., Inc. 1401 W. 8th Street, tos Angeles, was given a permit for a private patrol in the City of Costa Mesa. Ed Marley House Upon motion by Councilman Pinkley, seconded by Council - Trailer man Meyers, and carried permit to use a house trailer for an office at 2055 Newport Avenue was granted Ed Marley. W. R. 184 Upon motion by Councilman Pinkley, seconded by Council- man Meyers, Warrant Resolution No. 184 including pay- roll Nos. 126 and 127 was adopted by the following roll call vote: AYES: Councilmen: B. Smith, Pinkley, Meyers, J. Smith NOES: Councilmen: None ABSENT: Councilmen: Rea Oral Communications The Mayor inquired if there were anyone present City Managers The City Manager reminded the Council that the Report City was to be host for the monthly dinner of the Orange County League of Cities on Thursday, September 24, 1959, at 6:45 p.m., at the Air- port. Upon motion by Councilman Pinkley, seconded by Councilman B. Smith, and carried, the City Manager was authorized to take the necessary steps to consult with the State of California on widening Newport Boulevard, :`:north 'to Mac - and request a solution on Newport Boulevard from 19th Street to Industrial Way. wishing to speak on some item not on the agenda, no one wishing to speak, the Mayor called for written communications. Written Communica- Upon motion by Councilman B. Smith, seconded by tions Councilman Meyers, and carried notification of A.B.C. the Alocholic Beverage Control for a person to person transfer of Off -Sale Beer and Wine License for Ying Gong, Frank F. Knog, Nelson Lowe and Dong Hom Quong, for the Costa Mesa Food Market, 2120 Harbor Boulevard, was received and ordered filed. Building Moving A communication was read from Frank Tunstall, 255 and 256 P712 W. Bay, Costa Mesa, requesting a 60 day - Tunstall extension on Building Moving Permits 255 and 256, together with the recommendation of the Building Department for an extension to December 1, 1959, inasmuch as the delay wa:s caused -,dae to the extension of Patricia Place. After discussion it was moved by Councilman B. Smith, seconded by Councilman Meyers, and carried, that extension .be granted to December 1, .1959• State of California Upon motion by Councilman B. Smith, seconded by Public Works Councilman Pinkley, and carried, the communication of the State of California Department of Public Works, relating to policy and procedure in the relinquishment of superseded State Highways to local authorities, was received and ordered filed. Warrant Resolution Upon motion by Councilman B. Smith, seconded by No. 185 Councilman Meyers, Warrant Resolution No. 185, was adopted by the following roll call vote: AYES: Councilmen: B. Smith, Pinkley, Meyers, J. Smith. NOES: Councilmen: None ABSENT: Councilmen: Rea City Managers The City Manager reminded the Council that the Report City was to be host for the monthly dinner of the Orange County League of Cities on Thursday, September 24, 1959, at 6:45 p.m., at the Air- port. Upon motion by Councilman Pinkley, seconded by Councilman B. Smith, and carried, the City Manager was authorized to take the necessary steps to consult with the State of California on widening Newport Boulevard, :`:north 'to Mac - and request a solution on Newport Boulevard from 19th Street to Industrial Way. City Manager's, -Vaca- Upon motion by Councilman Meyers, seconded tion in October. by Councilman Pinkley, and carried, vacation was granted to the City Manager for sometime' in October. Adjournment Upon motion by Councilman B. Smith, seconded by Councilman Meyers, and carried, the meet- ing was adjorned at 9:35 P.M. Ma of the City of -Coto Mesa ATTEST: City Clerk of the City of Costa Mesa 1