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HomeMy WebLinkAbout01/03/1961 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA January 3, 1961 The City Council of the City of Costa Mesa, California, met in regular -session at 7:30 o'clock p.m., January 3, 1961 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 Charles Jorgenson. ROLL CALL Councilmen Present: Wilson, Rea, Smith, Pinkley, Meyers Councilmen Absent: None Officials Present: City Manager, City Attorney, City Engineer, Director of Public Works, Chief Deputy City Clerk Minutes - Upon motion by -Councilman Smith, seconded by Councilman Wilson, December 19, 1960and carried, the minutes of the regular meeting of December. 19, 1960, were approved as written and previously distributed. Variance 819 The Mayor announced a change in the agenda, requesting that Bauman, - Variance No. 819, being the application of Marie Bauman to deferred permit use of R4, property for a 25 unit Hotel at 423 West Bay Street, be presented. The Clerk then read the recom- mendations of the Planning Commission, and also a letter :from Rod Earl Li, ppold, Attorney for Mrs. Bauman requesting a two weeks deferral. Thereupon it was moved by Council- man Rea, seconded by Councilman Smith, and carried, that Variance 819 be deferred to January 16, 1961. Rezone 107 The Mayor announced that this was the time and place set Fairgrounds, So. for the Public Hearing on Rezone Petition No. 107, initiated Calif.'College, -by the -Costa Mesa Planning Commission, to rezone from Ml, Or. Coast C2; and R4 to I and R, and U property known as the Orange College, Vara Coast College Property, the Orange County Fairgrounds Pro - Products - Defer-perty, the Southern California College Property and Vara red to February Products Property. The Mayor inquired if there were any - 6, 1961 one present wishing to speak.'No one desiring to speak, it was moved by Councilman Wilson, seconded by Councilman Pinkley, and carried, thatthe hearing be continued to February 6, 1961. PUBLIC HEARING The Mayor announed that this was the time and place set Rezone Pet. No. for the Public Hearing on Rezone Petition No. 120, being 120 the petition of Frank M. and Sam 0. Nakamura, 96+2 Stony - Nakamura brook Drive, Anaheim to rezone from Ml -A to C2 the west one-half of Lot 14, Block B, Berry Tract, located on the south side of Baker Street, between Babb Street and Bear Street. The Clerk read the recommendation of the Planning Commission for approval for the following reasons: 1) This rezoning would benefit all concerned and, in the interest of speed, the applicant would be allowed to establish his retail nursery at this location. 2) That the Planning Department be requested to bring this matter back on the agenda six months from now or -when the new Land Use Ordin- ance has been adopted, whichever is sooner, and initiate a rezone petition to rezone this piece of property from C2 to M1. The Clerk reported that the notice of public hearing had been duly published and the affidavit was on file in his office. He reported no written communications had been received. The Mayor inquired if there were anyone present wishing to speak, no one desiring to speak it was moved by Councilman Rea, seconded by Councilman Pinkley, and carried, that the public hearing be closed. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Rea, and carried, that first reading and title only be read of Ordin- ORDINANCE 339 ante No. 339, being AN ORDINANCE OF THE CITY COUNCIL OF THE First Reading CITY OF COSTA MESA CHANGING THE ZONING OF THE WEST ONE-HALF OF LOT 14, BLOCK B, BERRY TRACT, FROM Ml -A TO C2. PUBLIC HEARING The Mayor announced that this was the time and place Setbacks -Tr. 3934 set for the public hearing on Proposed Building Set- back Lines for Tract No. 3934 for Dike and Colegrove, Inc., 1533 Baker Street, Costa Mesa. The Clerk stated that the notice of public hearing had been duly pub- lished and the affidavit was on file in his office. He read the recommendation of the Planning Commission for adoption of an ordinance establishing the follow- ing minimum front and rear building setback lines on Lots 1 through 25, Tract 3934: Front Yard -A minimum of 10 feet from the front property line, Rear Yard - A minimum.of 15 feet from the rear property line. The Mayor inquired if there were anyone present wish- ing to be heard. No one desiring to be heard it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the public hearing be closed. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Wilson, and carried, that first reading ORDINANCE 344 be given and title only be read to Ordinance No. 340, First Reading A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING BUILDING SETBACK LINES ON LOTS 1 THROUGH 25 OF TRACT NO. 393+ IN THE CITY OF COSTA MESA. RESOLUTION 803 The City Attorney presented a proposed Resolution for Changes in certain omissions and additions to the Santa Ana Avenue S.A.I.D. Improvement District. He reported that these changes, consisting of omissions, decreases and additions in the proposed improvement, do not increase the estimated cost by more than.cne-tenth of the total estimated cost as set forth. Thereupon it eras moved by Councilman Rea, seconded by Councilman Wilson, that Resolution No. 803, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO MAKE CHANGES IN THE WORK PROPOSED TO BE DONE; STATING THE AMOUNT OF THE ESTIMATED INCREASE AND DECREASE IN THE COST OF THE WORK BY REASON OF SAID PROPOSED CHANGES; GIVING NOTICE OF THE TIME AND PLACE FOR HEARING OBJEC- TIONS TO SAID PROPOSED CHANGES, IN CONNECTION WITH THE SANTA ANA AVENUE IMPROVEMENT DISTRICT (ASSESSMENT DISTRICT -NO. 8) be adopted, and the public hearing set for February 6, 1961, at 7:30 o'clock p.m. or as soon thereafter as possible in the Council Chambers of the City Hall. The motion carried by the folloiring roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTION 804 The City Attorney presented a proposed agreement between Cherry Dam Projectthe City of Newport Beach and the City of Costa Mesa, Agreement regarding a portion of the Santa Isabel Storm Drain Channel, known as "Cherry Dam Project," and explained it to the Council. After discussion it was moved by Councilman Rea, seconded by Councilman Pinkley, that Resolution No. 804, being a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING AN AGREEMENT BY AND BETWEEN THE CITY OF COSTA MESA AND THE CITY OF NEWPORT BEACH FOR THE CONSTRUCTION,OF DRAINAGE FACILITIES IN THE CHERRY LAKE DAM AREA, AND AUTHORIZING THE EXECUTION THEREOF ­be adopted. The motion carried by the following roll call vote:. AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Myers NOES: Councilmen: None ABSENT: Councilmen: None Bid Opening Set The City Engineer presented the proposed plans and specifications for Santa Ana for the Construction of Santa Ana Avenue Storm Drain and re - Avenue Storm quested that opening of bids be set for February 6, 1961. Drain on February Thereupon it was moved by Councilman Pinkley, seconded by 6, 1961:.Councilman Wilson, and carried, that the City Engineer be authorized to advertise for bids for the Construction of Santa Ana Avenue Storm Drain to be opened on February 6, 1961, at 7:30 p.m. in the Council Chambers of the City Hall. Improvement of The Director of Public Works informed the Council that the Talbert Avenue County of Orange has informed the City of its intention to Agreement approved.build a new bridge over the Santa Ana River at Talbert Ave- nue and inasmuch as the easterly approach is in the City of Costa Mesa, they would like to enter into an agreement with the City that the City improve the portion of Talbert Avenue in the City, estimated cost would be $19,000.00. After discussion it was moved by Councilman Pinkley, seconded by Councilman Wilson, that Resolution No. 805, RESOLUTION 805 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING AN AGREEMENT BY AND BETWEEN THE COUNTY OF ORANGE AND THE CITY OF COSTA MESA FOR THE CONSTRUCTION OF A BRIDGE ON TALBERT AVENUE AT THE SANTA ANA RIVER, AND AUTHORIZIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT FOR THE CITY be adopted. The motion carried by the Following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTION 806 The Director of Public Works informed the Council that he Bridge -over Santa had been notified by the Orange County Flood Control District Ana Delhi Channel that the bridge over the Santa Ana -Delhi Channel on Paular- ino between Bristol and Bear had originally been designed for 24 feet but that due to the increase of the traffic in the area they were redesigning it to a width of18 feet. They -requested an agreement with the City of Costa Mesa for this bridge, cost to the City to be about $13,000.00. After dis- cussion it was moved by Councilman Wilson, seconded by Council- man Pinkley, that Resolution No. 806, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING A CER- TAIN AGREEMENT BY AND BETWEEN THE CITY OF COSTA MESA AND THE ORANGE COUNTY FLOOD CONTROL DISTRICT FOR THE WIDENING OF THE BRIDGE AT PAULARINO AVENUE OVER THE SANTA ANA -DELHI CHANNEL (PROJECT F -L), AND AUTHORIZING THE EXECUTION OF SAID AGREE- MENT BY THE MAYOR AND CITY CLERK be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Departmental Upon motion by Councilman Pinkley, seconded by Councilman Reports Rea, and carried, the following monthly departmental reports:' - were received and ordered filed: Building Safety, Finance for 4 free permits Street, Planning. City Manager to A communication was read from the Director of Finance noti- make study on fying the Council that the Automobile insurance coverage Checker Cab oper:�. for Lee Penfold dba Checker Cab Company, 1927 Church Street, ations had been concelled as of 12:01 a.m. January 8, 1961, for non- payment of premium. Thereupon it was moved by Councilman Smith, seconded by Councilman Wilson, and carried, that the City Manager be instructed to cause an investigation be made on the operation of the Checker Cab Company and whether or not the operations are as per the schedule submitted on the application. Ordinance 319, Upon motion by Councilman Wilson, seconded by Councilman Rea, 320 deferred to and carried, second readings on Ordinance No. 319, Land Use, February 6, 1961 and Ordinance No. 320, Off -Street Parking, were deferred to the meeting of February 6, 1961. ORDINANCE 335 Upon motion by Councilman Pinkley, seconded by Councilman Second reading Wilson, second reading and adoption was given to Ordinance Adams No. 2 Annex- No. 335, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY ation OF COSTA MESA'APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO THE CITY OF COSTA MESA, IN THE COUNTY OF ORANGE, KNOWN AND DESIGNATED AS "ADAMS NO. PI -ANNEXATION". The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Rea, Smith, Meyers NOES: Councilmen; None ABSENT: Councilmen: None ORDINANCE 336 Upon motion by Councilman Smith, seconded by Council - Second Reading'. man Pinkley, second reading and adoption was given to Setbacks in Tent. Ordinance No. 336, being AN ORDINANCE OF THE CITY Tr. 3500 COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING BUILD - SETBACK LINES FOR TENTATIVE TRACT NO. 3500 IN THE CITY OF COSTA MESA.- The -motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE 337 Upon motion by Councilman Pinkley, seconded by Council - Second Reading man Wilson, second reading and adoption as an urgency Training of Law ordinance was given to Ordinance No. 337, being AN Enforcement ORDINANCE OF THE CITY OF COSTA MESA ADDING SECTION 3204 TO Officers DIVISION I OF ARTICLE 2 OF CHAPTER III OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA ACCEPTING THE REQUIRE- MENTS OF SECTION 13522 OF THE PENAL CODE RELATING TO TRAINING OF LAW ENFORCEMENT OFFICERS. The motion carried by the following roll call.vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE 338 Upon motion by Councilman Smith, seconded by Councilman Second Reading Rea, second reading and adoption was given to Ordinance Traffic regala- No. 338 being AN ORDINANCE OF THE CITY COUNCIL OF THE tions CITY OF COSTA MESA AMENDING SECTION 3449 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA TO PROHIBIT PARKING ON A PORTION OF THE SOUTH SIDE OF WILSON STREET AT HARBOR BOULEVARD; AND AMENDING SECTION 3465 OF SAID CODE TO ESTABLISH A STOP INTERSECTION AT POMONA AVENUE AND HAMIL- TON STREET. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None VARIANCE 816 Variance application No. 816, being the application of Park -Fairmont, Park -Fairmont, Inc., to permit construction of 6 units Inc. in addition to 20 units on 64,081 square feet of land area, making one unit per 2,464 square feet of land area was presented having been deferred from the meeting of December 19, 1960. The Clerk reported that no further written communications had been received. Mr. Lilly was present on behalf of the application. Mr. J. D. Anderson spoke in protest. After a lengthy discussion it was moved by Councilman Smith, seconded by Councilman Rea, and unanimously carried, that the Variance be denied. Orange County The Clerk read the report of the City Manager on the Airport Expan- Orange County Airport Proposed Expansion. The following sion Report spoke from the floor requesting limitations to the runway, but improvements such as lights, etc. and also limitations as to the size and types of plane to use the airport: C. H. Randall, 2588 Willo Lane; Roger Watson, 2575 Tustin Avenue; D. Emory, 266 Santo Tomas Street; Gerald Graves, 2029 Federal; P. Schwenk, 385 La Canada Way; Randy Paul, Redlands Drive; Robert Larrimore, 482 Esther; After a lengthy discussion the Council felt that four represent- atives of the homeowners group opposing the expansion of the airport, together with the members of the City Council should form a committee to prepare a resolution opposing the expansion of the airport under certain con- ditions® It was agreeable to all that the meeting be -held on January 6, 1961, at 8:00 p.m. in the City Hall. The Mayor declared a five minute recess and the meeting reconvened at 10:10 p.m. Q 1 1 1 pnsr'1��56�, RESOLUTION 8Q7 A proposed agreement was presented to amend an agreement Amended Agreement between the City of Costa Mesa and the Orange County. with Orange County Flood Control District..for certain easements in project Flood Control Dist. D-4. After discussion it was moved by Councilman Pinkley, seconded by Councilman Smith, that Resolution No. 807, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING A CERTAIN AMENDED AGREEMENT AND GRANT .OF EASEMENT BY AND BETWEEN THE CITY OF COSTA MESA AND THE ORANGE COUNTY FLOOD CONTROL DISTRICT AND AUTHORIZING THE M A-YOR AND CITY CLERK TO EXECUTE SAME. The motion carried by,the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen:. None ABSENT: Councilmen: None Right of Way Deeds Upon motion by Councilman Pinkley, seconded by Councilman Rea, the following right of way deeds were received and ordered placed on record by the following roll call vote: DATED FROM FOR Dec.�960 Harriet L. Grey Harbor Blvd. Dec. 14, 1960 Harriet L. Grey Alley -S. Bernard Nov. 28, 1960 Richard A. & Clyde C. Johnson Harbor Blvd. Dec. 3, 1960 Leo and Leone R. Layne Darrell -St. Dec. 19, 1960 Harry E. and Alice M. Whitman Darrell St. Variance 825 Variance application No.:825, being the application of Roy Ward J. Ward, 1919 Maple, Costa Mesa, to permit encroachment of 10 feet into required 50 foot front yard setback from center line of Elden and encroachment of 15 feet into required 25 foot rear yard, to construct convalescent home on C2 property .at 2137 Elden Avenue, was presented together with the recom- mendation of the Planning Commission for approval subject to the following stipulations: 1) That the applicant con- struct, at his expense, a masonry wall along the southerly, the westerly, and the northerly, sides of this property and said wall is not to be less then 5' 6" in height nor more than 6' in height; and a wall not to exceed 4 feet in height along the front of this property nn Elden Avenue to insure privacy for the patios. 2) That the applicant construct, at his expense, a 4 foot residential sidewalks along the front of this property on Elden Avenue, and concrete approa- ches under the direction -of the City Engineer. 3) That the applicant adhere strictly to the plan submitted with and made a part of the Variance, with any changes to be approved by the Planning Commission. 4) That the applicant, at his expense, improve the parking lot with asphaltic concrete or equal and stripe the stalls in accordance with City standards, under the direction of the Planning Department. 5) That the appli- cant construct, at his expense, a low 24"-48" wall and plan- ting to screen the parking lot from the residents. After discussion it was movd.d by Councilman Pinkley, seconded by Councilman Rea, and carried, the CounciLooncurred with the .recommendations of the Planning Commission and approved the Variance. Variance 826 Variance application No. 826, being the application of Vern Abbott Abbott, Route 4, Booneville,.Arkansas, to -permit construction of a duplex on R1 lot at the northwest corner of Beatrice (Sierks) and Westminster, was presented together with the recommendation of the Planning Commission for approval sub- ject to the following conditions: 1) Two for one off-street parking under the direction of the Director of Planning. 2) Installation of 4 feet residential sidewalks by the applicant at his expense, under the direction of the City Engineer. After discussion it was moved by Councilman Wilson, seconded by Councilman Pinkley, and carried, that -the variance be approved subject to the recommendations of the Planning Com- mission. PERMITS Upon motion by Councilman Smith, seconded by Council- man Wilson, and carried, permit was granted to Auto- matic Games Company for one juke box at the -Honey - bucket, subject to the recommendations.of the Chief of Police. Upon motion by Councilman Pinkley, seconded by Councilman Smith, and carried, permit was granted to Go Cart -Rides, at.18535 South Main, subject to the approval of the Chief of Police, and a copy of the Certificate of Insurance filed with the City of Costa Mesa. W. R. 237 Upon motion by Councilman Smith, seconded by Council- man Wilson, Warrant Resolution No. 237 including Payroll No. 160 was adopted by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Rea, Smith, Meyers NOES:, Councilmen: None ABSENT: Councilmen: None W. R. 238 Upon motion by Councilman Pinkley, seconded by Council- man Rea, Warrant Resolution No. 238 was adopted by the following roll call vote: AYES!. Councilmen: Wilson, Pinkley, Rea, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None W. R. 239 Upon motion by Councilman Smith, seconded by Council- man Wilson, Warrant Resolution No. 239 was adopted by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Rea, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Action of Council A communication was read from Sam Cavallaro requesting protesting A.B.C. the Council to rescind their action of protest on his application -Caval- application for an off -sale beer and wine license at laro rescinded 1909 Harbor Boulevard. He explained his type of business and presented plans for a proposed new build- ing. Mr. Cavallaro was present and answered the ques- tions of the Council. After discussion it was moved by Councilman Pinkley, seconded by Councilman Wilson, that the action of the City Council protesting the applica- tion of Sam Cavallaro for an off -sale beer and wine license at 1909 Harbor Boulevard be rescinded, that the maps attached to his communication be forwarded to the Planning Department with instructions that when the building permit is issued the plans be adhered.to as closely as possible, that the City Attorney be instructed to notify the Alcoholic Beverage Control of the Councils rescinding their protest. The Director of Public Works asked Mr. Cavallaro if he would grant permission to the City to paint the curbs red in front of his business on Harbor Boulevard. Mr. Cavallaro said this "would be fine as there would be ample parking on the lot. A. B. C. Report Upon motion by Councilman Smith, seconded by Councilman Pinkley, and carried, the application of Inez V. and Ogden E. Sogn for an off -sale general license at 349 East 17th Street was received and ordered filed. Orange County A communication was read from the Orange County Coastal Coastal Transpor- Transportation Committee with their recommendation tation Committee covering the section of Coast Highway 101-A from the western border of the County to its junction with the San Diego Freeway south of Dana Point. Councilman Wilson, who represents the City on the Committee, recommended that this be approved by the City Council. After discussion it was moved by Councilman Wilson, seconded by Councilman Pinkley, and carried, that the City of Costa Mesa go on record endorsing the plank. National Y Week It was moved by Councilman Rea, seconded by Councilman Proclamation Smith, and carried, that the Mayor proclaim the week of January 22-29 as National Y Week in the City of Costa Mesa. Adjournment Upon motion by Councilman Rea, seconded by Councilman Pinklpy, and carried, the meeting adjourned at 10:42 p.m. to January 6, 1961, at 8:00 p.m. in the Council Chamber of -the ' f the. City Hall, 695 West 19th Street, Costa Mesa, California. 07 Mayor cif of Costa Mesa ATTEST: City Clerk of the City of Costa Mesa Chief Deputy City ClCaK 1