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HomeMy WebLinkAbout12/04/1961 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA December 4, 1961 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 o'clock p.m., December 4, 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 Paul Williams. Roll Call Councilmen Present: Wilson, Rea, Pinkley.;�.Smith, 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 Wilson, seconded by Council - November 20, man Pinkley, and carried, the minutes of November 20, 1961, 1961 were approved as written and previously distributed. PUBLIC HEARING The Mayor announced that this was the time and place set Twichell No. 1 for the public hearing on Twichell No. 1 Annexation to Annexation the City of Costa Mesa. The Clerk reported that notice of said hearing had been duly published and the affidavit was on file in his office. He reported no written com- munications had been received. The Mayor then inquired if there were anyone present wishing to be heard. No one desiring to be heard it was moved by Councilman Rea, seconded by Councilman Wilson, and carried, that the public hearing be closed. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Wilson, that ORDINANCE NO. 423 first reading be given to Ordinance No. 423 being, AN First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY 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 "TWICHELL NO 1 ANNEXATION. The motion was carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING The Mayor announced that this was the time and place set Adams Avenue for the public hearing on proposed setbacks for the Setbacks north side of Adams Avenue of 70 feet from the center line of Adams from Harbor Boulevard westerly to the easterly boundary of Tract No. 4008. The Clerk reported that notice of said hearing had been duly published and the affidavit was on file in his office. He reported no written communications had been received. The Mayor then inquired if there were anyone present wishing to be heard. No one wishing 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 Smith, seconded by Councilman Pinkley, ORDINANCE NO. 424 that first reading be given to Ordinance No. 424 being First Reading AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING BUILDING SETBACK LINES ON THE NORTHERLY SIDE OF ADAMS AVENUE FROM HARBOR BOULEVARD WESTERLY TO THE EASTERLY LINE OF TRACT N0. 4008. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, -Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING The Mayor announced that this was the time and Standards for place set for the public hearing on the proposed High Rise Build- Standards for High Rise Buildings. The Clerk ings reported that notice of said hearing had been orated duly published and the affidavit was on file in his office. He reported no written communications had been received. The City Manager explained the proposed standards to the Council. The Mayor then inquired if there were anyone present wishing 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 Smith, seconded RESOLUTION NO. by Councilman Rea that Resolution No. 902 being 902 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING HIGH RISE STANDARDS AND IN- STRUCTING THE CITY ATTORNEY TO DRAFT AN AMENDMENT TO THE LAND USE ORDINANCE AUTHORIZING THE ADOPTION OF SAID HIGH RISE STANDARDS be adopted. The motion carried by the following roll call vote: AYES:. Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Cherry Lake The Mayor announced that there were some people present Area -Drainage concerning problems in the Cherry Lake area. There - Problems upon Mr. A. C. Wahlstedt spoke to the Council regard- ing the concern of the property owners in the area of the water draining into the lake from the open channels. Mr. Frederick Sallier and Mr. Troy Miller also spoke to the Council regarding the problem. The City Attorney explained the drainage system in the area as being a joint project of the City of Costa Mesa, City of Newport Beach, and Orange County Flood Control District, and inquired of Mr. Wahlstedt whether or not the property owners in the area would be willing to enter into a 1911 or 1913 act to help pay for other types of drainage. Mr. Wahlstedt stated he would discuss the proposition with the property owners. After further discussion it was moved by Councilman Wilson, seconded by Councilman Rea and carried that the City Attorney and City Engineer be authorized to meet with the representatives of the property owners in the area should the group desire. Conditional Use It was moved by Councilman Pinkley, seconded by Council - Permit C-36 man Wilson, and carried, that Conditional Use Permit The Warlen Com- No. C-36 be presented at this time inasmuch as the seat- pany and Manbrbach ing capacity was not adequate. Councilman Smith stated Parks Incorp- that inasmuch as he lived directly across from the pro - orated perty concerned he did not wish to participate in the action and left the Council Chambers at this point. Thereupon Conditional Use Permit C-36 for The Warlen Company and Manderbach Parks,- Incorporated, 1827 Bayadere Terrace, Corona del Mar, to permit construction of a trailer park in an Al zone, located between Harbor and College, north of Baker, was presented. The Clerk read the recommendation of the Planning Commission for ap- proval subject to the following conditions: 1) Dedi- cation to the -City of Costa Mesa of 17 feet corner cut- off on the southwest corner of Baker and College for street purposes. 2) Dedication of all land 50 feet from -the center line of existing Baker Street to the City of Costa Mesa for street purposes. 3) That the garages conform to the 3 foot setback regardless of where they are located. 4) Ingress and egress on Baker Street be subject to approval of the Traffic Com- mission. 5) All improvements on College Street in- cluding base, paving, curbs, gutters, residential side- walks, concrete driveway approaches and street lights, to be installed by the owner at his expense, under the 1 Conditional Use direction of the City Engineer.. 6) That a Permit C-36 masonry wall 6 feet in height be constructed Continued around the park and that the portion shown along College Avenue be constructed in accordance with the plot plan made a part of the Conditional Use Permit. 7) That an emergency (breakaway) gate shall be constructed at the intersection of Shannon and College and said gate shall be constructed at the expense of the applicant under the direction of the Police and Fire Departments. The Clerk re- ported petitions in protest had been received bear- ing 265 signatures and read the petitions. He also read a communication in favor from Patricia and Arthur T. Jensen. Another petition of protest bearing 338 signatures was presented. The Mayor then inquired if there were anyone present wishing to speak. The following spoke in protest: P.C. Ross, 3107 College Street; Robert Hetzel, 3016 College Street, Arthur Kitnick, 16+5 Oahu Place; David.Duff, 3085 Murray Lane; Martin Hersch, 3017 Killybrook Lane; John Palafoutas, 1+51 Shamrock Lane; Felice Block, 3002 College Street; William E. Rhodes, 1445 Shamrock'Lane; James Newton, 3097 Loren Lane; Mr. Hoffinger, 3006 College; George McCartney, 3096 Warren Lane; Jerry Harris, 410 E1 Modena, Newport Beach; Albert Slicker, 132+ Conway; Charles T. Reynolds, 1+35 Shamrock Lane; John Nettle for the Mesa Verde Association; Mr. Martin Hersch, 3017 Killybrooke. The .following spoke in favor: Russ Ford on behalf of The Warlen Company; John Green, Newport Beach, John MacNabb, on behalf of Manderbach Parks Incorporated; H. B. Harris; A. A. Atridge, 1378 Watson. Mr. James Iler, 3011 Royce Lane, asked several questions. After a lengthy discussion it was move d by Councilman Wilson, seconded by Councilman tea, that the application be -- denied. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley NOES: Councilmen: Meyers ABSENT: 'Councilmen: Smith The Mayor declared a ten minute recess and the meeting reconvened at 10:45 p.m. at which time Councilman Smith returned to his seat on the Council. REPORTS The City Attorney reported to the Council that upon City Attorney investigation regarding the air compressor at 620 Air Compressor, Terminal Way the necessary enclosure had now been 620 Terminal Way made and there was no noise factor. Vernon Claim The City Attorney recommended that the claim for damages of R. M. Vernon be denied. Thereupon it was. moved by Councilman Rea, seconded by Councilman Pinkley, and carried, that the claim for damages of R. M. Vernon be denied. Quitclaim deed The City Attorney recommended to the Council that in Porter Accept- order to expedite the Ford Road Agreement with Ellis ing Ford Road and Laura Porter a quitclaim deed should be signed to Deeds them for the right.of way now held,by the City and a new right of way could then be accepted to complete the agreement. Thereupon it was moved by Councilman Smith, seconded by Councilman Pinkley that the execu- tion of the quitclaim deed be authorized and the right of way deed accepted and ordered placed on record. The motion carried by the following -roll call vote: AYES: Councilmen: Wilson, Smith, Pinkley, Rea, Meyers NOES: Councilmen: None ABSENT:. Councilmen: None Glass Agreement The City Attorney presented a proposed agreement and right of way between the City and Simon Glass for a proposed deed right of way on Center Street between Monrovia.and Placentia in the amount of $700.00 and recommended its approval. Thereupon itwas moved by Council- man Pinkley, seconded by Councilman Smith, that the agreement be approved and the Mayor and City Clerk be authorized to sign said agreement on behalf of the City. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Thereupon it was moved by Councilman Rea, seconded by Councilman Wilson that a right of way deed from Simon Glass for Center Street be accepted and ordered placed on record by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Camera trans- The City Attorney informed the Council that the ferred from Chief of Police had requested that a Bell and Howell Police Lost and movie camera that has been in the Police Lost and Found Found for over 18 months could be used by the department and requested transfer of the item from Lost and Found to City property. Thereupon it was moved by Councilman Rea, seconded by Councilman Pinkley that the camera be transferred from the Lost and Found to the City for use. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Meyers NOES: Councilmen: Smith ABSENT: Councilmen: None Fruehling Deed The City Attorney informed the Council that certain restrictions deed restrictions had been placed on the Fruehling property and inasmuch as the property had now been rezoned these same restrictions were automatic and Mr. Fruehling requested that the recorded restrictions be removed as they are now of no value and it would clear the title to the property. Thereupon it was moved by Councilman Rea, seconded by Councilman Wilson that the deed restrictions on the Fruehling property be withdrawn.. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Meyers, Smith NOES: Councilmen: None ABSENT: Councilmen: None Towing Services The City Attorney informed the Council that the Chief to be bid of Police requests that towing services used by the City be put on a bid basis. After discussion it was moved by Councilman Pinkley, seconded by Council- man Rea, and carried, that the Chief of Police pre- pare a bid form and present it at the next council meeting for approval and setting of a date for opening of bids. C-21 - Standard The City Attorney informed the Council that a repre- Oil sentative of the Standard Oil Company was present and wished to go on record that his company agreed to the conditions of use permit No. C-21 and that they would remove pumps, signs, etc., in case Del Max would be widened in the future.: Thereupon it was moved by Councilman Pinkley, seconded by Councilman Wilson, and carried, that C-21 be approved. Yearly Dance The City Attorney informed the Council that upon License of investigations of .complaints, the Chief of Police Hurry Bell and City Attorney recommended that the yearly dance revoked license for the Hurry Bell be revoked. Thereupon it was moved by Councilman Wilson, seconded by for the new fire station building be extended to Councilman Rea, and carried, that the yearly dance quarters Contract license of the Hurry Bell be revoked and the owner of approval notified of said action and informed by the Clerk extended that should she desire, a hearing may be held by by Council- carried, the City Council at their next meeting on December 18, 1961. City Engineer The City Engineer presented Final Tract No. 4395 Final Tract 4395 for K & K Development Company, to divide 13.26 K & K Development acres into 60 lots located at Paularino and Babb, Company together with a certified check in the amount of $9,390.91, a labor and material bond and a faith- ful performance bond in the amount of $80,800.00 and signed Agreement. After discussion it was moved by Councilman Pinkley, seconded by Councilman Smith RESOLUTION NO. 908 that Resolution No. 908 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE MAP OF TRACT NO. 4395 AND ACCEPTING THE STREETS AND ALLEYS SHOWN THEREON FOR PUBLIC USE FOR HIGHWAY PURPOSES AND AUTHORIZING THE CITY CLERK TO SIGN SAID MAP AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT. The motion carried by the following roll call vote AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Tract 4157 - The City Engineer informed the Council that 55 per Partial Refund cent of the improvements in Tract 4157 had notbeen on bond completed and he recommended that $10,681.61 of the $30,900.00 cash bond be refunded. Thereupon it was moved by Councilman Rea, -seconded by Councilman Wilson that refund of $10,681.61 of the cash bond posted in Tract 4157 be refunded. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Tract 3721 Upon motion by Councilman Smith, seconded by Council - Bond Exonerated man Rea, the bond for Tract 3721 was ordered exonerated as recommended by the City Engineer. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Change Orders 1, The Director. of Public Works also recommended that 2, .3 for Fire Change Orders No. 1, No. 2 and No. 3 for certain changes Station Head- in the -Headquarters -Station building be approved amount - quarters approved ing to $507.55. After discussion it was moved by Councilman Pinkley, seconded by Councilman Rea, and carried, that Change Orders No. 1, No. 2, and No. 3 be approved as recommended. Director of Public The Director of Public Works read a request from Bani Works Enterprises, Incorporated, requesting their contract Fire Station Head- for the new fire station building be extended to quarters Contract December 15, 1961 and also a recommendation of approval extended from -the architect. Thereupon it was moved man Rea, seconded by Councilman Wilson, and by Council- carried, that the contract be extended to December 15, 1961. Change Orders 1, The Director. of Public Works also recommended that 2, .3 for Fire Change Orders No. 1, No. 2 and No. 3 for certain changes Station Head- in the -Headquarters -Station building be approved amount - quarters approved ing to $507.55. After discussion it was moved by Councilman Pinkley, seconded by Councilman Rea, and carried, that Change Orders No. 1, No. 2, and No. 3 be approved as recommended. Departmental Upon motion by Councilman Smith, -seconded by Refunds. Councilman Pinkley refunds of fees for $78.20 on Building Permits No. 1+928 and 1+929 for Roy J. Ward and $9.52 on Electrical Permit 16288 for South Coast Mechanical Corporation and $3.40 on Electrical Permit 16331 for Grant Langseth, and $21.00 on Building Permit 15692 to Howard C. Martin, were granted as recommended by the Build— ing Official. Motion carried by the following roll call vote: - AYES: Councilmen:- Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Monthly Upon motion by Councilman Pinkley, seconded by Councilman Rea, and carried, the following depart- mental reports were received and ordered filed: Street, Planning, Building,: Safety, Fire, Police and Pound. Bids on Civil; The City Manager requested that the report on the Defense Warning bids for the Civil Defense Warning System be deferred System report to the meeting of December 18, 1961. Thereupon it deferred was moved by Councilman Rea, seconded by Councilman Pinkley, and carried, that the report on bids for the Civil Defense warning system be deferred to the meeting of December 18, 1961. Ordinance No. 394 At the request -of the applicant second reading on Hill Coast Corpor- Ordinance No. 394 for Hill Coast Corporation was ation Second deferred to January 2, 1962, upon motion by Council - Reading deferred man Wilson, seconded by Councilman Rea, and carried. ORDINANCE N0. 416. Upon motion by Councilman Smith, seconded by Council - Second. Reaa.ing. man Pinkley, Ordinance No. 416 being AN ORDINANCE OF. Rezone 107-A THE CITY COUNCIL OF THE CITY -OF COSTA MESA CHANGING THE ZONING OF A CERTAIN AREA INCLUDING ORANGE COAST COLLEGE, THE 32ND AGRICULTURAL DISTRICT FAIR GROUNDS, ,THE NATIONAL GUARD ARMORY SITE, THE COSTA MESA HIGH SCHOOL AND THE MAUD B. DAVIS SCHOOL SITES, THE PRO- POSED COSTA MESA PARI{ SITE AND A PORTION OF THE SOUTHERN CALIFORNIA COLLEGE SITE, FROM C2, R2 AND R1 TO I and R, was given second reading and adopted by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE NO.417 Upon motion by Councilman Pinkley., seconded by Second Reading Councilman Smith, Ordinance No. 417, being AN ORDI- Rezone 153-A NANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF LOTS 1 THROUGH 60 OF TENTATIVE TRACT N0. 4395 FROM Cl TO R1 was given second reading and adopted by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE N0. 418 Upon motion by Councilman Wilson, seconded by Council - Second Reading man Rea, and carried., Ordinance No. 418, being AN deferred Rezone 155 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA: - Gray and Mullins MESA CHANGING.THE ZONING OF PORTIONS OF,LOTS 6 AND 7 OF THE. FAIRVIEW. FARMS TRACT FROM. C2 AND- R2. TO C1S was.deferred,for second reading until the required right of way deeds have been received. i 1 ORDINANCE NO. 419 Upon motion by Councilman Smith, seconded by . Second Reading Councilman Rea, Ordinance No. 419 being AN OR - Rezone 156 -Gaffey DINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING_THE.ZONING OF THE.WEST.ONE-HALF OF LOT 50., TRACT N0. 57 FROM R2.TO R4 was given second reading and adopted by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE NO. 420 Upon motion by Councilman Wilson, seconded by Second Reading Councilman Rea, Ordinance No. 420 being AN ORDINANCE Rezone 157 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF AN AREA BETWEEN SANTA ANA AVENUE AND WESTMINSTER AVENUE, SOUTHERLY OF EAST.I8TH STREET, FROM R2 TO R3 AND R4, was given second reading and adopted by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE NO. 421 Upon motion by Councilman Pinkley, seconded by Second Reading Councilman Smith, Ordinance No. 421, being AN ORDINANCE Parking Restric- OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING tions SECTIONS 348 AND 34.9 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA TO RESTRICT PARKING ON CERTAIN STREETS AND PORTIONS THEREOF, was given second reading and adopted by the following roll call vote: AYES: Council -men:: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE N0. 422 Upon motion by Councilman Rea, seconded by Councilman Second Reading Smith, Ordinance No. 422 being AN ORDINANCE OF THE Alley abandonment CITY COUNCIL OF THE CITY OF COSTA MESA DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF A CERTAIN ALLEY LYING SOUTHEASTERLY OF LATS 1 AND 2 OF TRACT NO. 659, was given second reading and adopted by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None (Sets public hearing January 2, 1962) Dady Agreement Upon motion by Councilman Smith, seconded by Councilman Approved Pinkley, and carried, the agreement between Harry L. and Jennie M. Dady for the widening and improvement of Talbert Avenue, was approved and the Mayor and City Clerk authorized to sign said agreement on behalf of the City. Building Moving Application for Building Moving Permit No. 349 for A. L. 349 Gatterdam Gatterdam, 333 Walnut Street, to move a residence from 1731 Orchard Drive, Santa Ana, to 26+1 Elden Avenue, was presented together with the recommendations of the Plan- ning Commission for approval subject to the following stipulations: 1) That the applicant posts a bond in the amount of $4500.00; 2) That the building be com- pleted 60 days after delivery on the lot; 3) All the requirements of the Department of Building Safety. Mr. Gatterdam was present on behalf of his application. After discussion it was moved by Councilman Rea, seconded by Councilman Pinkley, .and carried, that the application be approved subject to the recommendations of the Plan- ning Commission. Set for Public Upon motion by Councilman Smith, seconded by Councilman Hearing Rl-W Wilson, and carried, public hearing was set for December and R4 -W Zones 18, 1961, at the hour of 7:30 o'clock p.m. or as soon thereafter as possible in the Council Chambers of the City Hall for proposed additions to the Municipal Code of R1 -W zone, Single Family Residential District -Water- front and R4 -W zone, Multiple Residential District Waterfront. ORDINANCE NO. 425 Upon motion by Councilman Wilson, seconded by Council - First Reading man Rea, Ordinance No. 425 being AN ORDINANCE OF THE Director.of Plan- CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING SEC- ning may set TION 92100.2 (1) OF THE MUNICIPAL CODE OF THE CITY hearing for use OF COSTA MESA TO AUTHORIZE THE DIRECTOR OF PLANNING permits TO SET PUBLIC HEARINGS ON USE PERMITS, was given first reading by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE NO. x+26 Upon motion by Councilman Pinkley, seconded by Council - First Reading man Rea, Ordinance No. 426 being AN ORDINANCE OF THE 0 Foot setback for CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTION Accessory Building 9260.2E (4) OF THE MUNICIPAL CODE OF THE CITY OF COSTA in Rl Zone MESA TO PERMIT THE CONSTRUCTION OF ACCESSORY BUILDINGS TO SIDE OR REAR PROPERTY LINES, was given first reading by the following roll call vote: AYES: Councilmen: Wilson, Smith,Rea, Pinkley Meyers NOES: Councilmen: None ABSENT: Councilmen: None Attorney to draft Upon motion by Councilman Wilson, seconded by Council - Ordinance on amend- man Rea, and carried, the City Attorney was instructed ing Building Moving to draft a proposed ordinance amending the present Building Moving Ordinance to permit denial of an application if the building proposed to be moved in is not compatible with other buildings in the area and present it to the Council. Public Hearings Upon motion by Councilman Smith, seconded by Council - Set man Pinkley, and carried, public hearings were set Rezone 158 for December 18, 1961, at the hour of 7:30 o'clock p.m. Rezone 159 or as soon thereafter as possible in the Council Chambers Rezone 160 of the City Hall for the following: 1) Rezone Petition No. 158, Shoreline Construction Company, Incorporated, 2280 Newport Boulevard, to rezone from R2 to R4 property at the northwest corner of Fullerton and Sierks. 2) Rezone Petition No. 159, Martin J. Ingram, 2958 Baker Street, to rezone from R2 to R4 property located between Charle Street and Maple Avenue, 248.41 northerly of center line of Bernard Street. 3) Rezone Petition No. 160, initiated by the Planning Commission to rezone from R2 to Ml and AP property located between Monrovia and Placentia and between West 18th Street and Towne Street, and on the south side of Center Street, east of Placentia. Right of Way Upon motion by Councilman Pinkley, seconded by Council - Deeds man Wilson, the following right of way deeds were accepted and ordered placed on record by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Right of Way DATE FROM FOR STREETS Deeds 11-28-61 .Harry L. & Jennie Continued M. Dady Talbert Avenue 11-28-61 John J. & Ethel R. Gaffey Avocado Street 11-21-61 20th Century Homes & John Shawhan . Albert Place 9-27-61 Fred F. & Carmen A. Varela Center Street 11-6-61 Victor B. Sayre Harbor Boulevard 10-27-61 George S. & Betty J. Markel and Charles .R. - and Jean Benton Harbor Boulevard 11-29-61 Loyd Wright, Jr. and Donald W. Killian,Jr., Andrew J. Davis Jr. & J.P. Guerin, Jr. West 19th Street 11-28-61 Dudley K. Wright West 19th Street Variance 809-A Variance application 809-A for Wally Gayner, 1653 Gayner Minorca Drive, Costa Mesa, to permit continuation of variance for three 6 feet by 10 feet signs for inter - circle homes to advertise the first sale of lots and houses in Tract 3363 was presented together with the recommendation of the Planning Commission for ratifi- cation of the Planning Directors approval for a period of one year or until the homes in Tract No. 3363 are sold, -whichever is sooner and subject to all the requirements of the Department of Building Safety and that the applicant signs an Agreement, under the direc- tion of the City Attorney, that these signs will be removed.by the applicant, at his expense, at the end of one year. After discussion it was moved by Council- man Pinkley, seconded by Councilman Wilson, and carried, that the application be granted subject to the recom- mendations of the Planning Commission. Variance 811-A Variance application No. 811-A for Macco Corporation, Macco Corporation 3800 East Coast Highway, Corona del Max, to permit con- tinuation of Variance No. 811, for an on site subdivision sign with a 0 foot rear yard setback located between Balmoral Place and Valley Road 40 feet from the center line of Hamilton Street and Valley Road was presented together with the recommendations of the Planning Com- mission for ratification of the Planning Directors approval for a period of one year or until the homes and or lots in Tract No. 3+70 are sold, whichever is sooner, subject to the requirements of the Department of Building Safety and said sign is to be removed by the applicant at his expense at the end of one year, and an Agreement to this effect shall be signed by the applicant subject to the approval of the City Attorney. After discussion it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the application be approved subject to the recommendations of the Planning Commission. Variance 820-A Variance application No. 820-A for Bristol -Baker Corpor- Bristol-Baker ation, 722 Baker Street, to permit continuation of Corporation variance to use property zones C2 for a medical clinic and hospital at 722 Baker Street, was presented, together with the recommendations of the Planning Commission for approval subject to the following conditions: 1) Dedi- cation of all land 60 feet from the center line of Bristol Street for 150 feet along the easterly boundary of this property to the City of Costa Mesa for the widening of Bristol Street; 2) That the applicant improve, at his expense the 150 feet along Bristol Street along the east- erly property line and 183 feet along Baker Street, along the southerly property line with curbs, gutters, pave to existing pavement, and commercial sidewalks, under the direction of the City Engineer; 3) The submission of = i ''`ry"' a complete master plan to the Planning Commission prior to any additional construction not shown -on the plan attached to and made a part of the original variance. 4) Subject to the five year building pro- gram as submitted by the applicant. After discussion it was moved by Councilman Pinkley, seconded by Council- man Smith, and carried, that the application be approved subject to the recommendations of the Planning Commission. Variance 950 Variance application No. 950 being the application of Hopton Charles Hopton, 1620 Kings Road, Newport Beach, to permit construction of two units in addition to exist- ing duplex making a total of four (4) units on 1,1,760 square feet of land area (1 unit per 29+0 square feet) at the northwest corner of Del Mar and Elden was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) Dedication to the City of Costa Mesa for street purposes all land 30 feet from the center line of Elden Avenue; 2) Dedication to the City of Costa Mesa of the 15 foot spandrel at the Northwest corner of Del Mar and Elden for street purposes; 3) Parking under the direction of the Director of Plan- ning. After discussion it was moved by Councilman Rea, seconded by Councilman Pinkley, and carried, that the application be approved subject to the recommendations of the Planning Commission. Conditional Use Conditional Use Permit C-31 for Donald K. Butts, 789 Permit°C-31 West 20th Street, to permit exceeding maximum permissible Butts height as per Section 9293.2 of Division XII, Municipal Code, allowing the construction of a multi -story (High Rise) Building, not to exceed 150 feet above street level; also to allow residential use of portion of building in a commercial zone; and the use of R2 property for parking for commercial purposes, located between East 17th Street and Cabrillo, 280 feet easterly of the center line of Orange Avenue, was presented, together with the recom- mendation of the Planning Commission for approval sub- ject to the approval of the High Rise Standards by the City Council. Mr..Butts was present on behalf of his application. Mr. James L. Hayden, 234 Cabrillo, was present, and protested the use of Cabrillo Street for ingress and egress for all parking. After discussion it.was moved by Councilman Smith, seconded by Council- man Rea and carried, that the permit be granted subject to the recommendations of the Planning Commission with the further condition that ingress and egress for parking facilities be studied by the Traffic Commission and their report to be returned to the City Council for ratification. Conditional Use Conditional Use Permit C-32 for Colonel Marie Rayborn, Permit C-32 138 Walnut Street, to use R2 property for a real estate Rayborn office at 138 Walnut Street, was presented together with the recommendation of the Planning Commission for denial. The Clerk also read a communication from Mrs. Lou Kessler in favor of the application. Mrs. Rayborn was present on behalf of her application and discussed it with the Council. After further discussion it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the recommendation of the Planning Commission for denial, be upheld. Conditional Use Conditional Use Permit C-33 for Lillian W. Butler, Permit C-33 2020 Aliso Avenue, to construct 12 single patio apart - Butler ments in addition to existing two units making a total of 14 units on 34,650 square feet of land area (2475 square feet.per unit) at 1753 Anaheim Avenue, was Conditional Use presented, together with the recommendation of the Permit C-33 Planning Commission for approval subject to the Continued following conditions: 1) Installation of residential sidewalks and concrete driveway approaches by the applicant, at her expense, under the direction of the City Engineer along the entire Anaheim Avenue frontage; 2) That units be constructed as per plot plan sub- mitted and made a part of this Conditional Use Permit. Ansel Hill was present on behalf of the applicant. After discussion it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the application be approved subject to the recommendations of the Planning Commission. Conditional Use Conditional Use Permit C-37 for Michael H. Salzman, 6476 Permit C-37 El Paseo Street, Long Beach 15, to permit construction Salzman of 12 units on 19,305square feet of land area on the north side of Monte Vista Avenue, approximately 360 feet easterly of center line of Newport Boulevard, was presented together with the recommendation of the Planning Com- mission for approval subject to the following conditions: 1) Dedication of 30 feet along the northwesterly side of this property (as shown on plot plan) to the City of Costa Mesa for street purposes. 2) With the added stipulation (by the City Council) that said permit is to become effective upon receipt of the dedication and the applicant be granted an encroachment permit for as long as the City does not use the 30 feet for street purposes, that he shall convert the 30 feet dedication into usable parking spaces. After discussion it was moved by Council- man Wilson, seconded by Councilman Smith, and carried, that the application be approved subject to the recom- mendations of the Planning Commission. Conditional Use Conditional Use Permit C-38 for L. J. Atchison, 2032 Permit C-38 Orange Avenue, to permit building 12 units on 18,000 Atchison square feet of land area (1500 square feet per unit) at 2032 Orange Avenue, was presented, together with the recommendation of the Planning Commission for denial. Mr. Roy Dean, 816 North Broadway, Santa Ana, was present on behalf of the applicant. After discussion it was moved by Councilman Pinkley, seconded by Councilman Wilson, and carried, that the action of the Planning Commission for denial be upheld. Conditional Use Conditional Use Permit C-39 for Helen G. Bray, 1515 Permit C-39 Santa Ana, to permit construction and operation of a Bray permanent Pre -School unit to include the operation of existing pre-school unit which is now in operation under Variance No. 421-A which expires December 16, 1961, at 1515 Santa Ana Avenue, was presented, together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) That the off-street parking be under the direction of the director of Planning; 2) That a 15 foot spandrel be dedicated to the City of Costa Mesa at the southwest corner of Santa Ana and Palmer, for street purposes. Mrs. Bray was present on behalf of her application. After dis- cussion it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the application be granted subject to the recommendations of the Planning Commission. Conditional Use Conditional Use Permit C-40 for Macco Corporation, 3800 Permit C-40 Coast Highway, Corona del Mar, to permit two 4 foot by Macco Corporation 10 foot parking signs at 2861 El Rio Circle and 2869 El Rio Circle was presented, together with the recom- mendation of the Planning Commission for ratification of the Director of Planning's approval for a period of one year or until the homes in Tract No. 4204 are sold, Conditional Use whichever is sooner and subject to all the require - Permit C-40 ments of the Department of Building Safety, and Continued that the applicant signs an Agreement under the direction of the City Attorney, that these signs will be removed by the applicant, at his expense, at the end of one year. After discussion it was moved by Councilman Pinkley, seconded by Council- man Rea, and carried, that the application be approved subject to the recommendations of the Planning Commission. Conditional Use Conditional Use Permit C-41 for C..J. Segerstrom and Permit C-41 Sons, 18811 South Fairview Road, Santa Ana, to Segerstrom permit use of industrial zoned land (Ml) for a com- mercial use to permit the construction of an office building to guide the development and administration of adjacent lands at 3315 Fairview Road, was pre- sented, together with the recommendation of the Planning Commission for approval. After discussion it was moved by Councilman Pinkley, seconded by Councilman Rea, and carried,.that the action of the Planning Commission for approval be upheld. Permits Upon motion by Councilman Rea, seconded by Council- man Wilson, and carried, permits were granted for Christmas tree lots to Tom Peden at 1960 Harbor Boulevard and Owen Bailey at 2256 Newport Boulevard. Upon motion by Councilman Pinkley, seconded by Councilman Smith, and carried, permit was granted to Mel Trickey, for use of dwellings at 2025 Harbor Boulevard for temporary inside storage space for Trickeys Used Furniture Company, 1968 Harbor Boule- vard. Warrant Resolution Upon motion by Councilman Smith, seconded by Council - 271 man Pinkley, Warrant Resolution No. 271 including Payroll No. 182 was adopted by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Warrant Resolution Upon motion by Councilman Pinkley, seconded by Council - 272 man Smith, Warrant Resolution No. 272 was adopted by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Written Com- Upon motion by Councilman Pinkley, seconded by Council- munications West man Smith, and carried, the petition bearing 7 19th Street signatures requesting rezoning of certain portion of Petition West 19th Street was referred to the Planning Commission. regarding zoning change County -City Civil Upon motion by Councilman Smith, seconded -.by Council - Defense Planning man Rea, -and carrie d,'the communication of the Orange Board County Board of Supervisors on "County -City Civil Defense Planning Board" was received and ordered filed. Press Club Upon motion by Councilman Rea, seconded by Council - invitation man Pinkley, and carried, the invitation of the Orange County Press Club was received and filed. 1 1 Alcoholic Beverage Upon.:motion. by Councilman-Rea,-seconded by Council- Control man Pinkley, and carried,_-reports.of.the Alcoholic Beverage Control for Transfer ofon-sale general. license. for Penn Enterprises Incorporated, 1700 Placentia and Transfer of off-sale general license for Thriftimart were received and ordered filed. Adjournment Upon motion.by Councilman Pinkley, seconded by Councilman Rea, and carried, the meeting adjourned at 12:25 a.m. Clio ayor t y of Costa Mesa ATTEST: o City Clerk-of the City of Costa Mesa Chief Deputy City Clerk 1 1