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HomeMy WebLinkAbout01/04/1960 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA January 4, 1960 The City Council of the City of Costa Mesa met in regular session at 7:30 o'clock p.m., January 4, 1960, 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 Mayor Smith. ROLL CALL Councilmen Present: Rea, Pinkley, Meyers, B. Smith, J. Smith Councilmen Absent: None Officials Present: 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 regular meeting of December 21, 1959, were approved as written and previously distributed. PUBLIC HEARING The Mayor announced that this was the time and place set for Paularino No. 1 the Public Hearing on Paularino Annexation No. 1. The Clerk Annexation stated that the public notice had been duly published and the affidavit was on file in the office of the City Clerk, that notices of hearing had been sent to the property owners and no written communications had been received. Thereupon the Mayor declared the Public 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 Rea, - and carried, that the Public Hearing be closed. Thereupon after full reading, it was moved by Councilman B. Smith, seconded by Councilman Pinkley, and carried, that first reading be given to ORDINANCE 283 Ordinance No. 283, being AN ORDINANCE OF THE CITY COUNCIL OF THE lst reading CITY OF COSTA MESA APPROVING THE ANNEXATION OF CERTAIN UNINHAB- ITED TERRITORY CONTIGUOUS TO THE CITY OF COSTA MESA, IN THE COUNTY OF ORANGE, KNOWN AND DESIGNATED AS."PAULARINO NO. 1 ANNEXATION". PUBLIC HEARING The Mayor announced that this was the time and place set for Rezone No. 88 the Public Hearing on Rezone Petition No. 88 initiated by Init by P. C. the Costa Mesa Planning Commission to permit the rezoning from R4 to Rl all of Tract 32+2, all of Lots 293, 294, 3o4, 313,. 323, 324 of Newport Heights. Tract, located between 22nd and 23rd Streets and between Orange and Santa Ana Avenues. The Clerk reported that notice of hearing had been duly published. He read the communication of the Planning Commission of their 2-2 -vote, with 1 abstaining thereby offering no recommendation. He then read letters in favor of the rezone from the following: Mrs. Douglas Green, 207 Cecil Place; Boots Tibbitts, 240 Virginia Place; Ruel J. Tibbitts, 240 Virginia Place. Letters in protest were read from: L. E. Van de Walker, 216 E. 22nd Street; Opti Investment Inc. by M. L. Cornelius, Pres; John J. Paul, 251; E. 23rd Street; and a petition with acknowledged signatures making 38.320 of the total area in petition protesting. The Mayor then inquired if there were any one present wishing to speak. There- upon Mr. Alan T. Lorenze, Attorney for the Protestants requested permission to have certain signatures of property owners not signing the petition acknowledged. Thereupon the Clerk acknow- ledged the signatures -of Mr. M. L. Cornelius for Opti Investment and Mr. John J. Paul, thus making the total area in the rezone petition protesting 42.15%. The City Attorney then reminded the Council that it would take a 4 to 1 vote to take any action regarding the petition. Thereupon the following spoke in protest: Alan T. Lorenze, Attorney for protestants; Leland M. Edwards, 470 E. Flower, Mr. Soden, 228 Cecil Place; Mr. E. L. Patterson, 2201 Santa Ana Avenue; Margaret Hamlin, 2241 Santa Ana Avenue; Mr. Nealon, 218 22nd St., Mr. Zinn, 2215 Orange; Mr. H. Hanning, owner of property'at_227 23rd St.; Mrs. J. R. Biedebach, 225-B E. 23rd St.; Mr. Frank Strahl, 218 Costa Mesa; Mr. Howland, 248 22nd St.; Mrs. Charles Johns, 279 Virginia P1.; Mrs. Clora H. Lynch, 2278 Orange Avenue. The following spoke in favor: Mrs. Jack Christiansen, 2237 Jeanette, who presented a petition in favor of the rezoning signed by 59; Mr. Jack Christiansen, 2237 Jeanette; Mr. Everett Walker, 2232 Jeanette; Mr. Larry Dow, 22+1 Jeanette Pl.; Mr. Lyle Graham, 215 Cecil; W. F. Juptner, 246 Virginia; Paul Walton, 2236 Jeanette Pl.; Mr. J. W. M_ocarski, 234 Virginia Pl.; Mr. Wayne Hendricks, 2239 Catharine Pl.'. Everyone having been given an opportunity to speak, it was moved by Councilman B. Smith, seconded by Councilman Pinkley, and carried, that the public hearing be closed. Thereupon it was moved by Councilman B. Smith, seconded by Councilman Pinkby, that Rezone Petition No. 88 be denied. The Attorney again reminded the Council that because of the percentage of protests the only -way any change could carry would be by a 4 to 1 vote. Thereupon the following roll call vote was recorded: AYES: Councilmen: B. Smith, Pinkley NOES: Councilmen: Rea, Meyers, J. Smith: ABSENT: Councilmen - None PUBLIC HEARING The Mayor announced that this was the time and place set for the Rezone No. 92 Public Hearing on Rezone Petition No. 92, having been initiated Init. by P.C. by the Costa Mesa Planning Commission to rezone from M1 to Rl the Canyon Annexation and that portion of Tract No. 3+70 not included in the Canyon Annexation, located on the south side of Hamilton Street at Valley Road. The Clerk stated that the public notice had been published and the affidavit was on file in the office of the City Clerk. The Clerk.read the recommendation of the Planning Commission for approval for only that portion of the property incorporated in Tentative Tract 3+70, with the remainder of the property to remain in its M1 designation. He reported no written communications had been received. 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 Rea, and carried, that the hearing be closed. After full reading it was moved by Councilman Pinkley,, seconded by Councilman B. Smith, and carried, ORDINANCE -284 that first reading be given to Ordinance No. 284, being AN ORDIN- lst reading ANCE OF THE CITY OF COSTA MESA AMENDING -SECTION 3.2 OF ARTICLE III OF ORDINANCE NO. 32`OF SAID CITY, CHANGING THE ZONING OF TRACT NO. 3+70 FROM M-1 TO R-1. Bond exonerated Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, Tr. 2727 the improvement bond on Tract No. 2727 was exonerated as recommended by the City Engineer, inasmuch as the developer has deposited the necessary funds for the improvement of Harbor Boulevard, with the City. The motion carried by the following roll call vote: AYES: Councilmen: B. Smith,Pinkley, Rea, Meyers, J. Smith NOES: Councilmen - None ABSENT: Councilmen: None Paularino Upon motion by Councilman B. Smith, seconded by Councilman Channel Rea, and carried, the Plans and Specificationsfbr F-3 Paularino F-3 approved. Channel as prepared by the Orange County Flood Control District, were approved, as recommended by the City Engineer. Departmental Re- Upon motion by Councilman Rea, seconded by Councilman Pinkley, ports and carried, the following departmental reports were received and ordered filed: Poundmaster, Police, Street, Building, Finance.for free permits, Planning, Civil Defense, Fire. Anthony Pools. -A communication was read from Anthony Pools requesting refund refund denied. on Building Permits 9528 and 9000 and Plumbing Permits 17711 and 19+68, together with the recommendation of the Building Depart- ment for no refund inasmuch as the permits have been issued for more than 120 days. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Meyers, and carried, that refund be denied, as recommended. ORDINANCE NO. 282 The Clerk presented Ordinance No. 282, being AN ORDINANCE 2nd reading OF THE CITY OF COSTA MESA,CALIFORNIA, AMENDING ARTICLE Amends Ord. 188 III OF ORDINANCE NO. 188 for second reading. The follow- ing spoke from the floor with questions concerning the amendement: Mrs. Harold Baxter, 379 East 20th Street; Mrs. Flether, 165 East 23rd Street; Mrs. Emish. After answering the questions, it was moved by Councilman B. Smith, seconded by Councilman Pinkley, and carried, that second reading be given to Ordinance No. 282. Thereupon, it was moved by Councilman Pinkley, seconded by Councilman B. Smith that Ordinance No. 282 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 Rezone 70 Upon motion by Councilman Pinkley, seconded by Councilman con't. B. Smith, and carried, Rezone Petition No. 70, Glenn Croft Omf t, was deferred to the next regular meeting on January 18, 1960. Rezone No. 94 Upon motion by Councilman Pinkley, seconded by Councilman Init. by Planning B. Smith, and carried, Public Hearing was set for January Commission 18, 1960 at 7:30 p.m. or as soon thereafter as possible Set for Public in the Council Chambers of the City Hall for Rezone Hearing Petition 94, initiated by the Planning Commission to re- zone from R4 and R2 property located between Charle Street and Maple Avenue and between West 19th Street and Hamilton Street. Rezone No..91 Upon motion by Councilman Pinkley, seconded by Councilman Dike and Cole- B. Smith, and carried, Public Hearing was set for January 18, grove 1960, at 7:30 p.m. or as soon thereafter as possible in the Set for Public Council Chambers at City Hall for Rezone Petition No. 91, Hearing being the petition of Dike and Colegrove, Inc., 419 East 17th Street, Costa Mesa, to permit the rezoning from Ml and Ml -A to Rl all land northerly of Gisler Avenue, easterly of the Orange County Flood Control Channel, westerly of Tract 3403 and southerly of the Orange County Flood Control Channel om..the north. Rezone No. 93 Upon motion by Councilman Pinkley, seconded by Councilman Init. by Planning B. Smith, and carried, Public Hearing was set for January Commission 18, 1960, at 7:30 p.m. or as soon thereafter as possible Set for Public in the Council Chambers of the City Hall for Rezone Hearing Petition 93, initiated by the Planning Commission to rezone from R4 to R2 property located on the north side of West Wilson, between Miner Street and Harbor Boulevard. Right of Way Upon motion by Councilman B. Smith, seconded by Councilman Deeds Rea, a right of way deed dated December 21, 1959, from Herbert B. and Clara B. McMurty for that certain street known as Sierks Street was received and ordered placed on record by the following roll call vote: AYES: Councilmen: Rea, Pinkley, Meyers, B. Smith, J. Smith NOES: Councilmen: None ABSENT: Councilman: None Upon motion by Councilman B. Smith, seconded by Councilman Rea, a right of way deed dated December 21, 1959, from Albert E. and Nellie I. Spencer for that certain street known as Sierks Street, was received and ordered placed on record by the following roll call vote: AYES: Councilmen: Rea, Pinkley, Meyers, B. Smith, J. Smith NOES: Councilmen: None ABSENT: Councilmen: None Upon motion by Councilman B. Smith, seconded by Councilman Rea, a right of way deed dated December 23, 1959, from Donald D. and Anne C. Duncan for that certain street known as Sierks Street was received and ordered placed on record by the following roll call vote: AYES: Councilmen: Rea, Pinkley, Meyers, B. Smith, J. Smith NOES: Councilmen: None ABSENT: Councilmen: None Upon motion by Councilman B. Smith, seconded by Councilman' Rea, a right of way deed dated December 23, 1959, from Orville E. and Mabel D. Knottingham for that certain street known as Sierks Street, was received and ordered placed on record by.the following roll call vote: AYES: Councilmen: Rea, Pinkley, Meyers, B. Smith, J. Smith NOES: Councilmen: None ABSENT: Councilmen: None Upon motion by Councilman B. Smith, seconded by Councilman Rea, a right of way deed dated December 23, 1959, from Dallas 0. Wells for that certain street known as Sierks Street, was received and ordered placed on record by the following roll call vote: AYES: Councilmen: Rea, Pinkley, Meyers, B. Smith, J. Smith NOES: Councilmen: None ABSENT: Councilmen: None Upon motion by Councilman B. Smith, seconded by Councilman Rea, a right of way deed dated December 22, 1959, from Dominick and Rosa Recchia for that certain street known as Sierks Street, was received and ordered'placed on record by the following roll call vote: AYES: Councilmen: Rea, Pinkley, Meyers, B. Smith, J. Smith NOES: Councilmen: None ABSENT: Councilmen: None Upon motion by Councilman B. Smith, seconded by Councilman Rea, and carried,a right of way deed dated December 20, 1959, from Mrs. M. Therese Kandie for that certain street known as Sierks Street, was received and ordered placed on record by the following roll call vote: AYES: Councilmen: Rea, Pinkley, Meyers, B. Smith, J. Smith NOES: Councilmen: None ABSENT: Councilmen: None Variance No. 700 Variance application No. 700, being the application of Taylor Herman L. Taylor, 226 Cabrillo, to permit the continuation of a home occupation of sharpening lawnmowers, saws, etc. in a workshop attached on garage at 226 Cabrillo was presented, together with the recommendation of the Planning Commission for approval for a period of two years subject to the following conditions: 1) No signs; 2) No employees; 3) No stock in trade displayed on the premises; 4) No noisy activity on Sundays and after 6:00 p.m. during the week. Thereupon, it was moved by Councilman B. Smith, seconded by Councilman Rea, and carried, that the action of -the Planning Commission be upheld. Variance No. 701 Variance application No. 701, being the application of Mesa Mesa Construction Construction Co., Inc., 223 Via Ravenna, Newport Beach, to permit Company, Inc. a 3 ft. encroachment into required 5 ft. side yard setback on the southwest corner of 18th Street and Pomona Avenue for Lots 1-40 of Tract 3102, was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) For the ten buildings now under construction on Lots 1 through'- 10, Tract 3102, that a solid wall be installed between the staircase and the present laundry room so that the.area under the staircase cannot be used as usable space; 2) That for the next 30 buildings to be constructed on Lots 11 through 40, Tract 3102, that the area under the stairway be kept open allowing one additional post 2 ft. from the side property line, for the support of the stairway and to allow the three existing posts under the carport to remain. Upon motion by Councilman B. Smith, seconded by Councilman Rea, and carried, the action of the Planning Commission was upheld. Variance No. 702 Variance application No. 702, being the application of Dean Kephart A. Kephart, 435 Swarthmore, Costa Mesa, to permit a 2.00 ft. encroachment into required 25.00 ft. rear yard setback at 235 Broadway, was presented, together with the recommenda- tion of the Planning Commission -for approval subject to the installation of residential sidewalks under the direction of the City Engineer._ Thereupon it was moved by Councilman Meyers, seconded by Councilman B. Smith, and carried, that the variance be approved, but that the requirement of the sidewalks be deleted. Variance No. 703 Variance application No. 703, being the application of S. J. S. S. J. S. Investors, 2811 Newport Boulevard, Newport Beach, Investors to permit front and rear yard encroachments of 19 ft. each into required 20 ft. front and rear yard setbacks from the property line at the corner of Gisler and Cape Verde Place was presented together with the recommendation of the Planning Commission for approval. Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried, the action of the Planning Commission was upheld. Variance N6. 704 Variance application No. 704, being the application of Clark Warren J. Clark, 1750 Ocean Boulevard, Balboa, to permit a 20 ft. encroachment into required 25 ft. rear yard set- back at 1633 Superior Avenue was presented together with the recommendation of the Planning Commission for approval subject to the installation of cormnercial sidewalks along Superior Avenue under the direction of the City Engineer. Thereupon, it was moved by Councilman B. Smith, seconded by Councilman Pinkley, that the Variance be approved and the requirement of installation of sidewalks be deleted. Variance No. 705 Variance application No. 705, being the application of Ella Albers Albers, 165 East Wilson Street, Costa Mesa, to permit a 4 ft. side yard or an encroachment to 1.00 ft. into required 5.00 ft. side yard setback at 1860 Orange Avenue, was presented together with the recommendation of the Planning Commission for approval subject to the installation of .residential sidewalks, under the direction of the City Engineer along Flower and Orange. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried, the Variance was approved with the requirement for sidewalks deleted. Variance No. 706 Variance Application No. 706, being the application of Kenkol Investment Kenkol Investment Co., Inc., 1555 Placentia, Newport Beach, Company, Inc. to permit 10 ft. encroachment into 25 ft. rear yard set- back for Lots 1 through 14 of Fairview Tract, Block E, was presented together with the recommendation of the Planning Commission for approval subject to the following: 1) That the off-street parking layout at the ratio of two to one be under the direction of the Director_of Planning. Upon motion by Councilman B. Smith, seconded by Councilman Rea, and carried, the action of the Planning Commission was up- held. Permits Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried, Permit was granted to Lester Rosen Company, Auctioneer, for a one day auction Monday, January 11, 1960 at 630 West 17th Street (Gill Corporation) on con- dition that no additional material or merchandise be brought in from outside the above address. After discussion, it was moved by Councilman B. Smith, seconded by Councilman Rea, and carried, that permit be granted to Style in Music, 415 West 17th Street, Santa Ana, for a yearly dance license for a dance to be held in the Legion Hall on Thursday, Friday, and Saturday of each week for the hours 9 p.m. to 1. a.m., for adults only. Warrant Resolution Upon motion by Councilman Pinkley, seconded by Councilman No. 194 Rea, Warrant Resolution 194, including Payroll No. 135 was approved by the following roll call vote: AYES: Councilmen: Rea, Pinkley, Meyers, B. Smith J. Smith NOES: Councilmen: None ABSENT: Councilmen: None Written Communica- The Clerk presented Resolution 59-1400 from the County of tions Orange requesting the City of Costa Mesa to annex that Harbor Boulevard certain portion of Harbor Boulevard 80 ft. in width from Annexation Huntzinger to Talbert. After discussion, it was moved by Councilman B. Smith, seconded by Councilman Pinkley, and carried, that this be referred to the Orange County Bound- ary Commission for approval. No Smoking in A request was read from the Costa Mesa Planning Commission Council Chambers for the installation of ash trays for the Council Chambers. After discussion, it was moved by Councilman B. Smith, seconded by Councilman Meyers, and unanimously carried, that the Planning Commission be notified that the Council established the policy that there is to be no smoking in the Council Chambers and the City Manager was instructed to post the Chambers with "No Smoking" signs. Directional Upon motion by Councilman Pinkley, seconded by Councilman Signs Meyers, and carried, the First Baptist Church of.Costa Mesa was granted permit to erect a directional sign, 2 ft. x 1 ft., to be located at the intersection of 17th Street and Santa Ana Avenue on the northeast corner, sub- ject to the approval of the Chief of Police. Controlled -Oil A communication was presented from the Planning Commission Well Drilling requesting a Controlled Oil Well Drilling Ordinance be Ordinance to be placed on the Municipal Ballot in April. After discussion drafted it was moved by Councilman B. Smith, seconded by Councilman II was accepted with regret and the City Clerk instructed Pinkley, and carried, that the City Attorney be instructed to draft an ordinance for Controlled Oil Well Drilling, to be presented at the next regular meeting on January 18, 1960. Cross Town A notification of the Public Utilities Commission of the Suburban Bus State of California for a Certificate of Public Convenience Lines, Inc. and Necessity for a passenger stage service between the County Heart Association, Inc., 1902 North Broadway, Santa Cities of Los Angeles, Garden Grove, and Costa Mesa, by Cross Town Suburban Bus Lines, Inc. was presented together with a letter from William D. Bourne, Planning Department month of February, 1960. of the Cross Town Suburban Bus Lines requesting a resolution Nelson - Letter if the Council is in favor of the bus line or if the Council wished to discuss this with the Company they would be glad Meyers, and carried, the communication from C. M. Nelson, to meet with the Council. After discussion, it was moved ger by Councilman Pinkley, seconded by Councilman B. Smith, and carried, that the City Clerk notify the Bus Line to meet with the City Manager prior to their meeting with the City Council to discuss their proposal. McClellan resig- Upon motion by Councilman B. Smith, seconded by Councilman nation from Pinkley, and carried, the resignation of Gordon McClellan VPD II as a member of the board of Vehicle Parking District No. II was accepted with regret and the City Clerk instructed to convey to Mr. McClellan the thanks for his hard work by the City Council. Heart Fund Upon motion by Councilman Pinkley, seconded by Councilman Campaign Meyers, and carried, permission was granted to the Orange County Heart Association, Inc., 1902 North Broadway, Santa Ana, to conduct its annual Heart Fund campaign during the month of February, 1960. Nelson - Letter Upon motion by Councilman Pinkley, seconded by Councilman re: Water,Mer- Meyers, and carried, the communication from C. M. Nelson, ger Supervisor, Fifth District, offering,congratulations on the merging of the three water districts and the City into one -over-all Water District, was received, and ordered filed. Alcoholic. Upon motion by Councilman B. Smith, seconded by Councilman Beverage Pinkley, and carried, the communication of the Alcoholic Control Beverage Control for a person to person transfer of on sale general for Jack H. Bennett, Madness, Inc., 130 East 17th Street, was received and ordered filed. ADJOURNMENT Upon motion by Councilman B. Smith, seconded by Councilman Meyers, and carried, the meeting was adjourned at 10:12 o'clock p.m. to Monday evening, January 11, 1960, at the Council Chambers in the City Hall. MaAr' of the City of Costa Mesa ATTEST: City Clerk of the City of Costa Mesa F� 1