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HomeMy WebLinkAbout09/19/1960 - City CouncilROLL CALL Minutes 9/6/60 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA September 19, 1960 The City Council of the City of Costa Mesa met in regular session at 7:30 o'clock p.m., September 19, 1960, at the City Hall, 695 West 19th Street, Costa Mesa. The meeting was called to order by the Mayor Pro -Tempore in the absence of the Mayor, followed by the Pledge of Allegiance to the Flag and Invocation by the Mayor Pro -Tempore. Councilmen Present: Wilson, Pinkley, Smith Councilmen Absent: Rea, Meyers Officials Present: City.Attorney, Assistant City Engineer, Director of Public Works, Chief Deputy City Clerk Upon motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, the minutes of thexegular meeting of September 6, 1960, were approved as written and previously distributed. PUBLIC HEARING The Mayor Pro -Tempore announced that this was the time and Proposed -zoning place set for the continued Public Hearing on the proposed ordinance, U, I Comprehensive Zoning Ordinance, the proposed inclusion of and R, Parking "U" - unclassified and "I" and "R" - institutional and rec- Ordinances reational zones and proposed Parking Ordinance. The Clerk read a letter from William Cagney urging the inclusion of commercial uses in an industrial.zone. The Mayor Pro -Tempore asked if anyone in the audience wished to be heard. No one wishing to be heard, it was moved by Councilman Wilson, seconded by Councilman Pinkley, and carried, that the Public Hearing be closed. ORDINANCE NO. 319 After discussion, Ordinance No. 319, being AN ORDINANCE 1st Reading OF THE CITY OF COSTA MESA AMENDING ARTICLE 2 OF CHAPTER IX Land Use OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA, ESTABLISH- ING LAND USE ZONING DISTRICTS AND THEREIN REGULATING THE USE OF LAND, HEIGHT OF BUILDING, AREA OF LOTS AND YARD SPACES, PROVIDING FOR THE ADOPTION OF A MAP DEFINING SAID LAND USE DISTRICTS AND SHOWING THE BOUNDARIES OF SAID DISTRICTS, PRO- VIDING FOR AMENDMENTS, ADJUSTMENTS AND ENFORCEMENT, PRESCRIB- ING'.PENALTIES FOR THE VIOLATION THEREOF.AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH, was introduced, and upon motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, the reading of the Ordinance was waived and it was passed to second reading by the following roll call vote: AYES: Wilson, Pinkley, Smith NOES: None ABSENT: Rea, Meyers ORDINANCE NO. 320 Upon motion by Councilman Pinkley, seconded by Council- lst reading man Wilson, and carried, Ordinance No. 320, being AN ORDI- Off-Street Parking NANCE OF THE CITY OF COSTA MESA ADDING ARTICLE 3 TO CHAPTER IX OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA ESTABLISHING CERTAIN REGULATIONS PERTAINING TO THE REQUIREMENTS OF OFF- STREET PARKING FOR ALL USES OF LAND, INCLUDING BUT NOT LIMITED TO ALL THOSE USES SET FORTH IN ARTICLE 2 OF CHAPTER IX OF SAID MUNICIPAL CODE, PRESCRIBING AND DESCRIBING CERTAIN STANDARDS AND PROVIDING FOR THE AMENDMENT, ADJUSTMENT, AND ENFORCEMENT THEREOF, was passed to second reading, first reading being waived by the following roll call vote: AYES: Wilson,.Pinkley, Smith NOES: None ABSENT: Rea, Meyers 1 1 PUBLIC HEARING The Mayor Pro -Tempore announced that this was the time and place Rezone No. 111" set for the hearing of Rezone Petition No. 110, being a peti- Planning Commis- tion of the Costa Mesa Planning Commission to rezone from R4, sion Surburban Residential, to Rl, Single Family Residential, the remaining portion of Lot 205, Lots 213, 214, 243, 222, 233, 244, all of Newport Heights Tract; Lots 1-24, Tract 3106; Lots 1-24, Tract 3270; Lots 1-24, Tract 3289, Lots 1-24, Tract 767; Lots 1-20, Tract 712; Lots 11-20, Tract 453, Lots 1-36, Tract 1634; portion of Lot 20, Tract 278, being the general area between Fullerton and Orange and between E. 20th St. and 21st St; between Orange and Raymond and be- tween Costa Mesa St. and 21st St. The Clerk stated notice of said hearing had been duly published and read two letters of protest from Mr. and Mrs. Elliott T. Burr and John P. Adams, and a Petition bearing 75 signatures in favor of the rezoning, making a total of 216 signers in favor of the rezoning. The following spoke from the floor in protest: Harry D. Johnson, 1999 Santa Ana Avenue; Oliver Hill, 269 E. 21st St.; Margaret Smoot, 176 E. 16th St.; James H. Lockwood, 213 E. 21st St.; Edgar Mateer, 289 E. 20th; Mr. Nottingham, Santa Barbara, California; Mrs. Arthur Hemmingsen, 324 Costa Mesa St. The following spoke in favor of the rezoning: Robert Follett, 267 Robinhood Lane; Anthony Galopin, 292 Robinhood Lane; Frank Sayer, 290 Sierks St; George M. Graham, 190 E. Bay Street; George Tolin, 271 Rose Lane; Wayne Hunter, 277 Robinhood Lane; Vera Wolfe; Herman Gunkler, 241 Sherwood Pl. ORDINANCE 321 Upon motion by Councilman Wilson, seconded by Councilman 1st reading Pinkley, and carried, the hearing was closed. Upon motion by Councilman Wilson, seconded by Councilman Pinkley, and car- ried, the reading of Ordinance No. 321, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF CERTAIN SUBURBAN RESIDENTIAL (R-4) AREAS TO SINGLE FAMILY RESIDENTIAL (R-1) was waived, and upon motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, the Or- dinance was passed to second reading by the following roll call vote: . AYES: Councilmen Wilson, Pinkley, Smith NOES: Councilmen - None ABSENT: Councilmen Rea, Meyers At this point the Mayor Pro -Tempore declared a five minute recess and the meeting reconvened at 8:40 p.m. PUBLIC. HEARING The Mayor Pro -Tempore announced that this was the time and place Rezone No. 112 set for the hearing on Rezone Petition No. 112, being the peti- Riedel tion of Ernest F. Riedel, 1100 N. Central Avenue, Glendale, California, to rezone from R4 to R2, Lot 53, Tract 57, located on the South side of Avocado, approximately 145 feet easterly of the center line of existing College Avenue. The Clerk an- nounced that notice of hearing had been duly published and read the recommendations of the Planning Commission for ap-' proval subject to 1) Agreement for a deed restriction provid- ing a maximum of one unit for each 1500 sq. ft. of land area and two usable off-street parking spaces for each unit con- struced.in accordance with the standards of the City of Costa Mesa; 2) Deed dedicating all land 30.00 ft. from center line of Avocado Street to the City of Costa Mesa. The Clerk re- ported that the deed and the agreement had been filed with him and no:other communications had been received. Thereupon - the Mayor Pro -Tempore declared the hearing open. No one ap- pearing, urn motion by Councilman Wilson,,seconded by Council- man Pinkley, and carried, the hearing was closed. Upon motion by Councilman Pinkley, seconded by Councilman Wilson, and car- ried, Rezone Petition No. 112 was approved in accordance with the recommendations of the Planning Commission. The Clerk pre - ORDINANCE 322 sented Ordinance No. 322, being AN ORDINANCE OF THE CITY lst reading COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF LOT 53, TRACT N0. 57, INI:.SAID CITY FROM R-4 TO �-2, and upon motion by Councilman Pinkley, seconded by Councilman Wil- son, reading of the Ordinance was waived. Upon motion by Councilman Wilson, seconded by Councilman Pinkley, Ordi- nance No. 322 was passed to the second reading by the following roll call vote: AYES: Councilmen Wilson, Pinkley, Smith NOES: Councilmen - None ABSENT: Councilmen Rea, Meyers PUBLIC HEARING The Mayor Pro -Tempore announced that this was the time and Rezone No. 113 place set for the hearing of Rezone Petition No. 113,being Planning Commission the petition of the Costa Mesa Planning Commission to rezone from Al to R1, Cl and M1, that property north of Paularino along both sides of Bristol. The Clerk reported that notice of hearing had been duly published and that no communications had been received. Thereupon the Mayor Pro -Tempore declared the hearing open. No one appearing, it was moved by Council- man Pinkley, seconded by Councilman Wilson, and carried, that the hearing be closed. Upon motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, Rezone Petition No. 113 was approved in accordance with the recommendations of the Planning Commission. ORDINANCE 323 The Clerk presented Ordinance No. 323, being AN ORDINANCE lst reading OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF AN AREA NORTH OF PAULARINO AVENUE ON THE EAST AND WEST SIDES OF BRISTOL STREET FROM A-1 TO R-1 AND M-1 and upon motion by Councilman Pinkley, seconded by Councilman Wilson, reading of the Ordinance was waived. Upon motion by Council- man Wilson',seconded by Councilman Pinkley, Ordinance No. 323 was passed to second reading by the following roll call vote: AYES: Councilmen Wilson, Pinkley, Smith NOES: Councilmen - None ABSENT: Councilmen Rea, Meyers REPORTS The City Attorney reported that negotiations had been en - City Attorney tered into with Mr. Paul Martin, tenant of the property at Martin-S.A.I.D. Newport Boulevard and E. Bay for a right of way for the widening of East Bay Avenue. The City Attorney stated that it would be necessary to move an existing lath house, and that an estimate of $302.50, as a probablp' cost, had been obtained. He recommended that the removal be authorized in order that the title to the right of way be cleared, and .upon motion by Councilman Pinkley, seconded by Councilman Wilson, the payment of $302.50 to Mr. Martin was authorized by the following roll call vote: AYES: Councilmen Wilson, Pinkley, Smith NOES: Councilmen - None ABSENT: Councilmen Rea, Meyers RESOLUTION 781 The City Attorney reported that it would be necessary to Condemnations- institute condemnation proceedings against 11 parcels for . S.A.I.D. right of way purposes in the Santa Ana Avenue Improvement District. Upon motion by Councilman Pinkley, seconded by Councilman Wilson, Resolution No. 781, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING, DETERMINING AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN STREET EASEMENTS AND RIGHTS OF WAY FOR PUBLIC STREET PURPOSES, AND AUTHORIZING ACQUISITION OF SAID EASEMENTS AND RIGHTS OF WAY BY CONDEMNATION, AND DIRECTING THE CITY ATTORNEY TO PROCEED WITH SUCH ACTION, was adopted by the following roll call vote: AYES: Councilmen Wilson, Pinkley, Smith NOES: Councilmen -None ABSENT: Councilmen Rea, Meyers Fire Station Site The City Attorney recommended that negotiations be entered Royal Palm Drive into with the Segerstrom family for the acquisition of a and Adams site.for the proposed Fire Station at Royal Palm Drive and Adams. Upon motion by Councilman Wilson, seconded by Councilman Pinkley, authorization was granted to negotiate for the purchase of the Fire Station site at a price not to exceed the appraised valuation of $49,500.00 by the follow- ing roll call vote: AYES: Councilmen Pinkley, Wilson, Smith NOES: Councilmen - None ABSENT: Councilmen Rea, Meyers City Engineer The City Engineer reported that improvements had been com- Tract 3487 pleted on Tract No. 3487, and recommended that the bond be Bond exonerated exonerated. Upon motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, the improvements were ac- cepted and the bond exonerated. Auditors Report The -Auditors report for the past Fiscal Year was presented. Upon motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, action was deferred to the meeting of October 3, 1960. Departmental Upon motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, the following departmental reports were received and ordered placed on file: Director of Finance, Poundmaster, Civil Defense, Police, and Fire. Refunds Upon the recommendation of the Building Official and Street Foreman, refunds of $6.80 on Building Permit No. 12599 and $3.00 on Driveway Permit No. 3835 were authorized to Mr. R. E. McBride upon motion of Councilman Pinkley, seconded by Councilman Wilson, and carried by the following roll call vote: AYES: Councilmen Wilson, Pinkley, Smith NOES: Councilmen - None ABSENT: Councilmen Rea, Meyers ORDINANCE NO. 316 Ordinance No. 316, being AN ORDINANCE OF THE CITY COUNCIL Rezone No. 108 OF THE CITY OF COSTA NESA CHANGING THE ZONING OF LOTS 27 2nd reading THROUGH 32, BLOCK B, TRACT N0. 612, FROM R-4 TO R-2, was Bradford-Hirtler presented for second reading. Upon motion by Councilman Wilson, seconded by Councilman Pinkley, Ordinance No. 316 was adopted by the following roll call vote: AYES: Councilmen Wilson, Pinkley, Smith NOES: Councilmen - None ABSENT: Councilmen Rea, Meyers ORDINANCE NO. 317 Ordinance No. 317, being AN ORDINANCE OF THE CITY COUNCIL Rezone 109 OF THE CITY OF COSTA MESA CHANGING THE ZONING OF CERTAIN DESCRIB- 2nd reading ED PORTIONS OF LOTS 8. 9, 10, 11, and 12 OF THE BERRY RANCHO Macco Corp. FROM R-1 TOC -1, was presented for second reading. Upon mo- tion by Councilman Pinkley, seconded by Councilman Wilson, and carried, reading of the Ordinance was waived. Upon mo- tion by Councilman Pinkley, seconded by Councilman Wilson, Ordinance No. 317 was adopted by the following roll call vote: AYES: Councilmen Wilson,-Pinkley, Smith NOES: Councilmen - None ABSENT: Councilmen Rea, Meyers ORDINANCE NO. 318 Ordinance No. 318 being AN ORDINANCE OF THE CITY COUNCIL Rezone 111 OF THE CITY OF COSTA MESA CHANGING THE ZONING OF CERTAIN 2nd reading PROPERTY NORTHWESTERLY OF MESA VERDE AND EASTERLY OF THE Gayner GOLF COURSE PRACTICE RANGE, FROM R-1 TO R-2, was presented for second reading. Upon motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, reading of the Ordinance was waived. Upon motion by Councilman Pinkley seconded by Councilman Wilson, Ordinance No. 318 was adopted by the following roll call vote: AYES: Councilmen Wilson, Pinkley, Smith NOES: Councilmen - None ABSENT: Councilmen Rea, Meyers Variances 758 -Matto Variance No. 775, being the application of Robert S. Percy, and 775 -Percy 201 Dartmouth Place, Costa Mesa, to permit encroachment of fences and. -walls to height more than 4.00 feet in front yard setback, and Variance No. 758, being the application of Macco Corporation, 3800 E. Coast Highway, Corona del Max, to permit construction of a 6.00 ft. high fence along Baker Street on Lots 147 and 169, Tract 3487, were defer- red to the meeting of October 3, 1960, upon motion of Councilman Pinkley, seconded by Councilman Wilson, and carried. Paularino No. 2 The City Clerk presented a petition bearing 14 signatures Annexation requesting the annexation of certain territory designated as "Paularino No. 2 Annexation" as shown on a map attached to and made a part of the petition, together with the recommendation of the Costa Mesa Planning Commission, dated September 14, 1960, that said annexation be approved by the City Council. Upon motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, the City Council gave its consent to the proponents to proceed with the proposed Paularino No. 2 Annexation. Building Moving 315 Building Moving Application No. 315, being the application South Coast Construc- . of South Coast Construction Company, 230 -30th Place, New - tion Co. port Beach, to move an office building from that address to 1099 Baker Street, having been approved by the Costa Mesa Planning -Commission, was granted subject to the re- quirements of theBui.Bi.ng Department and posting of a $2,000.00 bond, upon motion by Councilman Pinkley, seconded by Councilman Wilson, and carried. Tentative Tract Tentative Tract Map No. 3897, in the name of Jordan and No. 3897 Rados, 112 W..Maple, Monrovia, to divide property east of Jordan and Rados Bristol on both sides of Randolph Avenue, having been ap- proved.by the Planning Commission, was approved upon motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, subject to the stipulations of the Planning Com- mission. Tentative Tract Tentative Tract Map No. 3952, in the name of Bank of Ameri- No. 3952 ca, 801 No. Main Street, Santa Ana, to divide property east Bank of America of Bristol, on both sides of Randolph Avenue into 14 lots was approved upon motion of Councilman Wilson, seconded by Councilman Pinkley, and carried, subject to the stipulations of the Planning Commission. RESOLUTION 782 Resolution No. 782, being A RESOLUTION OF THE CITY COUNCIL Rates of Payment OF THE CITY OF COSTA MESA FIXING THE RATE OF PAYMENT FOR Engineering Costs ENGINEERING SERVICES EFFECTIVE JULY 28, 1960, was adopted upon motion of Councilman Pinkley, seconded by Councilman Wilson, and carried,.by the following roll call vote: AYES: Councilmen Wilson, Pinkley, Smith NOES: Councilmen - None ABSENT: Councilmen Rea, Meyers Upon motion by Councilman Pinkley, seconded by Councilman Wilson, the following right of way deeds were received and ordered placed on record by the following roll call vote: AYES: Councilmen Wilson, Pinkley, Smith NOES: Councilmen - None ABSENT: Councilmen Rea, Meyers DATED FROM FOR STREETS 9-17-60 Arlie and Ida Toulouse Raymond and Walnut 8-29-60 Ione C. Kent and Cecil J. and Ethel M. Hansen Thurin and Hamilton 8-5-60 Beulah L. Taylor Elden and Monte Vista 9-16-60 Ethel B. Struve Elden Avenue 8-26-60 Curtis C. and Floyd D. Mortimer Orange and Monte Vista 9-13-60 Newton J. and Iris D. Trumbo Elden Avenue 9-13-60 Ralph A. Johnson Elden Avenue 9-14-60 B. Alden Tinnin Elden Avenue 9-15-60 Richard W. Beamish and Ronald K. Diggins Pauline to 21st St. 9-15-60 Kenneth Elmo and Kenneth Wayne Johnson Pauline to 21st St. 7-25-60 John and Ethel Kitsianis Elden Avenue VARIANCE NO. 791 Variance application No. 791, being the application of Rehfeldt Donald Eugene Rehfeldt, 1609 Woodland Place, Santa Ana, to permit the use of one-half of existing duplex for a book and gift store, located at 168-1682 19th Street, Costa Mesa, was presented. Upon motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, the Council concurred with the Planning Commission in denying the application. VARIANCE NO. 793 Variance application No. 793, being the application of Buccola George D. Buccola, 3700 Newport Boulevard, Newport Beach, to permit construction of 48 units on 79, 569.60 sq. ft. to be located on the west side of Santa Ana between West- minster and Santa Ana Avenue., approximately 165 feet nor- therly of Cabrillo was presented. "Several spoke from the floor.in protest of the variance. After discussion it was moved by Councilman Pinkley, seconded by Councilman Wilson, and carried, to defer the action on the Variance to the meeting of October 3, 1960. VARIANCE NO. 794 Variance application No. 794, being the.application of Worley Ted Worley, 2027 Placentia Avenue, Costa Mesa, to permit operation of a Contractor's Open -Storage Yard on C2 prop- erty, located at 2075 Newport Avenue was presented, to- gether with the recommendation of the Planning Commission for approval subject to the following conditions: 1) A block wall be constructed along the northerly side of the prop- erty and across the front, under the direction of the De- partment of Building Safety, at the applicant's expense: Thereupon it was moved by Councilman Pinkley, seconded by Councilman Wilson, and carried, that the action of the Planning Commission be upheld. VARIANCE NO. 795 Variance application No. 795, being the application of Dawson Harold B. Dawson, 580-A W. Wilson, Costa Mesa, to permit encroachment of 20 feet into required 30 foot setback from the property line on Newport Boulevard to construct a com- mercial building, located on the northeast corner of 20th and Newport, Costa Mesa, was"presented together with the recommendation of the Planning Commission for approval sub- ject to the following conditions: 1) Installation of curbs, gutters, paving and commercial sidewalks along Newport Boulevard, at the applicant's expense, under the direction of the California Division of Highways; 2) Installation of curbs, gutters and paving along East 20th Street under the Santa Ana Avenue Improvement District; 3) Installation of commercial sidewalks along East 20th Street in -conjunction with the Santa Ana, Avenue Improvement District at the ap- plicant's expense, under the direction of the City Engineer. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Wilson, and mrried, that the action of the Plan- ning Commission be upheld. PERMITS The application of Richard D. and Mary L. Adams for a business license to operate Ye,'''Ole Rummage Shop, 353- E. 17th St. was granted upon motion of Councilman Pinkley seconded by Councilman Wilson, and carried, subject to no outdoor display® The application of Phil Hanson, Auctionner, for a license to conduct an auction at 983 LindeiPlace on Saturday, September 17, 1960, was granted upon motion of Councilman Pinkley, seconded by Councilman Wilson, and carried. The application of Milton J. Wershow Company, 7213 Mel- rose Avenue, los Angeles,.for permission to conduct an .auction sale at the Vesper Company, 776 W."16th Street on October 6, 1960, was granted upon motion by Council- man Pinkley, seconded by Councilman Wilson, and carried. The application of Award Manufacturing Company, 660 W. 17th Street, for an auction on September 23, 1960, was granted upon motion by Councilman Pinkley, seconded by Councilman Wilson, and carried. W. R. 225 Warrant Resolution No. 225, including Payroll No. 153, was approved upon motion by Councilman Pinkley, seconded by Councilman Wilson, and carried by the following roll call vote: AYES: Councilmen Wilson, Pinkley, Smith NOES:. Councilmen - None ABSENT: Councilmen Rea, Meyers Written Communica- Upon recommendation of the Street Superintendent, refund tions of the $50.00 deposit for street sign at Deodar and Hickory Refund of Deposit to Mr. J. B. Lindsay was authorized upon motion by Council - Lindsay man Wilson, seconded by Councilman Pinkley and carried by the following roll call vote: AYES: Couneilmen.Wilson, Pinkley, Smith NOES: Councilmen- None ABSENT: Councilmen Rea, Meyers A.B.C. Copies of applications for Alcoholic Beverage License to the Department of Alcoholic Beverage Control were read for the following: Shirley A. Jacobberger and Dorothy M. Turmel and Thomas Turmel for on -sale general, Wagon Wheel, 1830 Newport Boulevard; and James S. Stineman, for on -sale Beer, Miss Boo's, 1562 Newport Boulevard, were received and ordered filed upon motion by.Councilman Pinkley,.seconded by Council- man Wilson, and carried. Miscellaneous 'A letter from the Costa Mesa Municipal Water District, ex- pressing appreciation of the Council's resolution urging construction of the southeast Orange County water feeder line;. from Richard L. Sullivan, Prosecutor, reviewing in- vestigation into the complaint of Eric Irwin, 1617 Superior Avenue against "The Office"; and three letters commenting on the City's Annual Report were.read and ordered filed upon motion by Councilman Pinkley, seconded by Councilman Wilson, and.carried. Upon motion by. Councilman Wilson, seconded by Councilman Pinkley, and carried, the meeting adjourned at 9:40 p.m. Mayor offt e C" of Costa Mesa ATTEST: City Clerk of the Cit of Costa Mesa 6.�, " e. t / � Chief Deputy City Clerk