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HomeMy WebLinkAbout01/15/1962 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA January 15, 1962 The City Council of the City of Costa Mesa, California, met in'regular session at 7:30 o'clock p.m., January 15, 1962, 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 Clifford Fugate. ROLL CALL Councilmen Present: Wilson, Rea, Pinkley, Smith, Meyers Councilmen Absent: None Officials Present: City Attorney, City Manager, City Engineer, Director of Public Works, Chief Deputy City Clerk Minutes Upon 'motion by Councilman Rea, seconded by Councilman -January 2, 1962 Wilson., and carried, the minutes of the regular meeting of January 2, 1962, were approved as written and previously distributed. RESOLUTION 62-3 The Clerk presented Resolution No. 62-3 being A RESOLUTION Commends Supervisor OF THE CITY COUNCIL OF THE'CITY OF COSTA MESA COMMENDING Nelson ORANGE COUNTY SUPERVISOR CLAIRE M. NELSON FOR HIS LEADER- SHIP IN ACHIEVING HOME RULE FOR COSTA MESA'S PARK AND RECREATION DISTRICT. Upon motion by Councilman Pinkley, seconded by Councilman Wilson, Resolution No. 62-3 was unanimously adopted by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Supervisor.Nelson was present and received from the Mayor a copy of the Resolution. Supervisor Nelson thanked the Council saying he looked upon this as a step forward in park development for the City. Americanism Month The Clerk read a communication from Commander Lowry of February, 1962 American Legion Post No. 455 urging February being declared "Americanism Month" and outlining the activities scheduled for the month. Upon motion by Councilman Smith, seconded by Councilman Wilson, February was declared as "Americanism Month" and the Mayor authorized to issue a Proclamation. The motion was carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Don L. Hout of the American Legion spoke and thanked the Council for their proclamation. PUBLIC HEARING The Mayor announced that this was the time and place set Abandonment of for the continuation of the Public Hearing for the pro - alley Lots 1, 2, 6 posed abandonment of a 15 foot wide alley existing to Tract No. 659 the rear of Lots 1 and 2, Tract No. 659, and along the westerly side of Lot 6, Tract No. 659. The Clerk read a communication from the proponents urging the abandon- ment of the alley. The Mayor then inquired if there were anyone present wishing to be heard. Thereupon, Mr. Arthur Jones, attorney for the opposition, spoke requesting a deferral to permit determining the status of Lot B, which, if -developed,, would permit extension of the alley to Raymond Avenue. Mr. Pickett, spoke in PUBLIC HEARING favor of the abandonment on behalf of the proponents. Tract No. 659 Mr. Ray Cozad spoke requesting the alley not be aban- Continued doned to the rear of his lot. After a lengthy dis- cussion it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the public hearing be continued to the meeting of February 51 1962, and that all records be checked -and reports made at that time so that final action can be taken. PUBLIC HEARING The Mayor announced that this was the time and place Harbor Boulevard set for the public hearing on establishing building Setbacks Between setback lines on the east side of Harbor Boulevard, West 19th Street between West 19th Street and Bernard Street, of 60 and Bernard feet, 65 feet, and 100 feet from the center line of existing Harbor Boulevard as shown on the map attached to the recommendation of the Planning Commission. The Clerk reported that notice of said public -hearing had been duly published and the affidavit was on file in his office. He reported no written communications had been received. He read the.recommendation of the Planning Commission for adoption of a Setback.Ordinance. Thereupon the Mayor inquired if there were anyone present wishing to be`heard. No one desiring to be heard it was moved by Councilman Pinkley, seconded by Councilman Rea, and carried, that the public hearing be closed. After discussion it was moved by Council- man Smith, seconded by Councilman Wilson, that ORDINANCE N0. 62-1 - Ordinance No. 62-1 being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING A BUILDING SETBACK LINE ON THE EAST SIDE OF HARBOR BOULEVARD BETWEEN 19TH STREET AND BERNARD STREET, be given first reading. -The motion carried by the following roll call vote: AYES: Councilmen:: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: _None REPORTS The City Engineer presented the plans and specifications City Engineer for the proposed construction of Water Main in Fairview Fairview.Water Road between Baker Street and Huntzinger Avenue, recom- Main bids mending they be adopted and that the City Clerk be authorized to advertise for the opening of bids for February 5, 1962: After discussion it was moved by Councilman Smith, seconded by Councilman Pinkley, and carried, that the plans and specifications for the construction of Water Main in Fairview Road between Baker Street and Huntzinger Avenue be accepted and the City Clerk authorized to advertise for bids to be opened at the Council meeting of February .5. 1962. Tract 4157 The City Engineer recommended to the Council that partial refund $2,626.50 of the $30,900.00 cash bond posted on Tract on bond 4157 be refunded -inasmuch as the improvements are 65% complete at this time. After discussion it was moved by Councilman Rea, seconded by Councilman Wilson, that $2,626.50 be -refunded on the cash bond posted -on Tract 4157. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Director of Public The Director of Public Works presented a communication Works from Willard T. Jordan, architect for the Fire Station Fire Station Head-- Headquarters building, stating the building had been quarters building checked and he recommended the building be accepted and accepted a notice of completion filed. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Rea, 1 F� F Fire Station that the new Fire Station Headquarters Building be Headquarters accepted and notice of completion filed. -The motion Continued 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 Wilson, seconded by Council- man Pinkley, and carried, the reports of the Director -of Finance, City Treasurer, Poundmaster, and Police Department were received and ordered filed. Ordinance No. 418 The Clerk informed the Council that the required right Second reading of way deeds for second reading of Ordinance No. 418, deferred Rezone No. 155, for Gray and Mullins had been received Rezone 155 earlier in the afternoon. The Council requested infor- Gray and Mullins mation on the date of improvement for Wilson Street. Inasmuch as the applicant was not present and no date had been given, it was moved by Councilman Wilson, seconded by Councilman Pinkley, and carried, that second reading of Ordinance No. 418 be deferred to the next meeting and also acceptance of the right of way deeds be deferred, and requested the Director of Public Works to check with the applicant the dates when the street improvements are scheduled. Claim for damages Upon motion by Councilman Pinkley, seconded by Councilman George E. Kirkham Rea, and carried, the Claim for Damages of George E. Kirkham was denied. Public Hearing Set The Clerk presented proposed abandonment of a 12.5 foot Abandonment of Alley alley between Lots 1, 2 and 3, Block B, Harper Tract, and Block B; Harper Tract and Precise Lot 25, Tract No. 847, and Precise Plan for proposed 20 foot alleys between Newport Boulevard and Fullerton and Plan for 20 foot between Flower and Broadway to be set for public hearing. alley Mr. George W. Barnett spoke requesting clarification of the procedure which was explained by Councilman Pinkley and the City Attorney. After discussion it was moved by Councilman Pinkley, seconded by Councilman Rea, and carried, that the proposed abandonment and the proposed Precise Plan be set for public hearing on February 5, 1962, at the hour of 7:30 o'clock p.m., or as soon thereafter as possible in the Council Chambers of the City Hall, to determine whether or not the Council wishes to adopt an Ordinance of Intention to abandon the alley and to adopt the Precise Plan, and instructed the City Clerk to give notice of said public hearing by one publication in the Costa Mesa Daily Pilot at least ten days prior to the hearing date. Rezone No. 149 set Upon motion by Councilman Rea, seconded by Councilman for public hearing Pinkley, and carried, Rezone Petition No. 149, initiated by the Planning Commission to rezone from R1 to C1 property located on the north side of West 19th Street, between Placentia Avenue and Whittier Avenue, was set for public hearing on February 5, 1962, at the hour of 7:30 o'clock p.m. or as soon thereafter as possible in the Council Chambers of the City Hall. Right of Way Deeds Upon motion by Councilman Smith, seconded by Councilman Pinkley, right of way deeds for the following were accepted and ordered placed on record by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None 1 1 DATE NAME FOR STREETS 12-14-61 James. M. and Maybelle Orange Westminster G.: Hastings alley 12-20-61 Walter G. and Genevieve Albert Place D. Beck Variance 953 Variance No. 953., -being the application of Costa Mesa Conditional Use Foursquare Church, 1734 Orange Avenue, to permit Permit C-53 encroaching 7.5 feet into required 10 foot side.yard Foursquare Church setback for addition to existing -church at 1734 Orange Avenue was presented together with the recommendations of the Planning Commission for approval subject to the following conditions: 1) That the applicant adhere to the sight distance requirements for ingress and egress at the rear of the building coming on to Cabrillo Street; 2) That parking be asphalt or equal with adequate striping; 3) That residential side- walks be installed on Orange Avenue the full width of the property by the applicant, at his expense, under direction of the City Engineer. Conditional Use Permit No. C-53,.to permit enlarging and altering the existing Foursquare Church at 1734 Orange Avenue in an R2 zone, and to use the parking facilities of the Security First National Bank at 196 East 17th Street,, as per Master Plan attached to and made a part of the application, was also presented, together with the recommendation of the Planning Commission for approval with the condition that 10 feet along the southerly boundary of the property, 150 feet in length, be dedicated to the City for alley purposes. After discussion it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that Variance 953 and Conditional Use Permit C-53 be approved subject to the recommendations of the Planning Commission. Variance 954 Variance application No. 954, being the application of Plascencia Henry Plascencia, 1950-B Wallace Avenue, to permit encroaching 3 feet 6 inches into required 50 foot set- back from the center line of existing alley for the construction of a single family residence in addition to existing five units on 18,125 square feet of land area at.1950-E Wallace Avenue was presented together with the recommendation of the Planning Commission for approval subject to installation of residential side- walks on Wallace Avenue the full width of this property by the applicant, at his expense, under the direction of the City Engineer. Mr. Charles Sutterfield was present on behalf of the applicant and requested that the requirement of the sidewalks be deleted inasmuch as there are no sidewalks in the area. After discussion it was moved by Councilman Smith, seconded by Council- man Pinkley, and carried, that,the application be approved and requirement of the sidewalks be deleted. Conditional Use Conditional Use Permit C-43, being the application of Permit C-43 Floyd Underhill, 388 East 17th Street, to permit con - Underhill struction of a model Fallout Shelter protruding 4 feet above ground level, 46 feet from the center line of East 17th Street, on C2 zoned property; said shelter to be used for display purposes only at 388 East 17th Street, was presented together with the recommendation of the Planning Commission, dated January 8, 1962, for approval, subject to the following conditions: 1) That the shelter be completely underground except for the vents. 2) That the normal setback of 50 feet from the 1 1 C-43 Continued center line of the street be maintained. 3) For a period of one year. 4) Subject to the approval of the Police, Fire, and Building Safety Departments. 5) Commercial sidewalks as shown in plan presented to and made a part of this application be installed, at applicant's expense under the direction of the City Engineer. Mr. Neal Martin was present on behalf of the applicant and requested the set- back be 46 feet as requested, that the sidewalk require- ment be waived inasmuch as this is only a one year lease and the sidewalks may not be needed in the future, the applicant agreed to blacktop the area. After discussion, it was moved by Councilman Wilson, seconded by Councilman Pinkley, and carried, that the permit be approved subject to the recommendations of the Planning Commission with the following exceptions: Condition No. 2 be deleted; A 46 foot setback from the center line of the street be permitted; Condition No. 5 be deleted inasmuch as the applicant is willing to_blacktop the area. Conditional Use Conditional Use Permit No. C-46 being the application of Permit C-46 George and William Holstein, Incorporated, 166 East 17th Holstein Street, to permit exceeding the maximum permissible height limit as per Section 9293.2 of Division XII, Municipal Code, allowing the construction of a three (3) story building not to exceed 50 feet above street level and to allow the use of R2 property for off-street and off-site parking in C2 and R2 zones at 172 East 17th Street was presented, together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) Installation by the applicant, at his expense, of a 6 foot opaque fence abutting all residential uses. .2) Installation of commercial sidewalks on East 17th Street .and Fullerton Avenue by'the applicant, at his expense, under the direction of the City Engineer. 3) Lighting in on the parking area shall be directed to the parking area only. (This is for the protection of the abutting residential properties.) Mr. Beach, operator of the car wash lease on the property, was present and requested information as to location of the building and parking area and looked at the plot plan. Mr. Holstein was also present and answered the questions of the Council. After discussion it was moved by Councilman Wilson, seconded by Councilman Pinkley, and carried, the permit was granted subject to the recommendations of the Planning Commission. The Mayor declared a ten minute recess and the meeting reconvened at 9:10 p.m. Conditional Use Conditional Use Permit C-55, being the application of Milan Permit C-55 Roven and Abraham Spiegel, 5656 West 3rd Street, Los Angeles Roven-Spiegel 36, to permit use of R1 zoned property for parking purposes on the west side of Carnegie Avenue, extending northerly from Fair Drive for a distance of approximately 530.48 feet was presented, together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) Decorative block wall to be installed not less than 5 feet 6 inches nor more than 6 feet in height 39 feet from the center line of Carnegie Avenue for a length of approximately 530 feet and 59 feet from the center line of Fair Drive for a length of approximately 100 feet as per plot plan attached to and made a part of this permit; 2) Decorative block wall to be installed not less than 5 feet 6 inches nor more than 6.feet in height for an approximate length of 100 feet along the northerly boundary of Lot 7, Tract 2750; 3) Applicant to landscape and maintain at all times, an area 9 feet in width between the block wall and the property line on Carnegie Avenue, and Fair Drive; also the parkway for a distance of 530 feet on Carnegie Avenue and 100 feet on Fair Drive, under the direction of C-55 Continued the Director of Planning; 4) That there shall be no ingress or egress on Carnegie Avenue, 5) That an additional ingress and egress on Fair Drive shall be subject to the approval of the Traffic Commission; 6) That residential sidewalks shall be installed along the easterly property lines of Lots 1 through 7, Tract 2750 and Commercial sidewalks along the southerly line of the development from Carnegie Avenue to the present terminus of the existing sidewalks approximately 200 feet easterly from the center line of Harbor Boulevard under the direction of the City Engineer. All above improvements to be installed at the expense of the applicant. Mr. Bailie, 443 Elmhurst Lane_, was present and spoke in favor of the application. Mr. Paul Abrams spoke on behalf of the applicants and requested deletion of sidewalks on Carnegie Avenue, however, after finding there were sidewalks on the rest of the street in the area, agreed to all conditions. Thereupon it was moved by Councilman Wilson, seconded by Councilman Rea, that the permit be granted subject to all requirements of the Planning Commission. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Meyers NOES: Councilmen: Pinkley ABSENT: Councilmen: None Conditional Use Conditional Use Permit C-56 for Herman R. Tate, 2039-A Permit C-56 Pomona Avenue, to permit construction of a commercial Tate building for the operation of a taxiport for the Yellow and Mesa Cab Company together with normal minimum mainte- nance in an R2 zone as per.plot plan attached to and made a part of the request, to be located at 186 East 16th Street, was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) No body or fender work or painting to be allowed; 2) That the property be enclosed on all four sides with a 6 foot block wall except at the building location and ingress and egress locations, by the applicant, at his expense, under the direction of the Director of Planning; 3) That commercial sidewalks be installed on 16th Street for the full width of the property by the applicant, at his expense, under the direction of the City Engineer. The Clerk read a letter from H. Dillon in protest. Mr. Tate was present and requested that the block wall be deleted from the front of the property and sidewalks be deleted. After discussion it was moved by Councilman Wilson, seconded by Councilman Smith, and carried, that the permit be granted subject to the recommendations of the Planning Commission with one exception that no block wall be required on the front side of the property. Conditional Use Conditional Use Permit C-57 for Jacob Biederbach, 225 Permit C-57 East 23rd Street, to permit replacement of an existing Biederbach substandard residence with a new residence and to remodel and add to another existing substandard residence, making a total of 5 units on 21,000 square feet of land area (4200 square feet per unit) at 2232 and 2252 East 23rd Street was presented together with the recommendation of the Planning Commission for approval. After discussion it was moved by Councilman Wilson, seconded by Council- man Rea,'and carried, that the application be approved. Subdivision 400 Subdivision application No. 400 being the application of Coffman Mrs. Gertrude K. Coffman, 298 East 15th Street, to permit dividing property on the northwest corner of -Santa Ana Avenue and Knox Street, a portion of Lot 34 in Newport Heights Tract, into 4 parcels, parcel "D" being sub- standard in area and parcels "A", "C" and "D" not meeting the required side and rear yard setbacks, was presented together with the recommendation of -the Planning Commission for approval. After discussion it was moved by Council- man Rea, seconded by Councilman Smith, and carried, that the application be approved. PERMITS Upon motion by Councilman Pinkley, seconded by Councilman Rea, and carried, permit was granted to Earl -George -Tool - Sales at 2221 Harbor Boulevard for sale of used tools and machinery, subject to all storage and display being inside.. Upon motion by Councilman Pinkley, seconded by Councilman Rea, and carried, permit was granted to Harbor Amusement Company for one skill game at Knotty Keg, 2125 Harbor Boule- vard, subject to approval of the Chief of Police. Upon motion by Councilman Rea, seconded by Councilman Wilson, and carried, permit was granted to Kiwanis Club of Costa Mesa North to raise funds for charitable and community endeavors to sell tickets to a Barbershop Quartette show, from January 17 through February 16, and Section 6914 j was waived. Upon motion by Councilman Smith, seconded by Councilman Wilson, and carried, the request of Orange County Associa- tion for Mental Health to conduct a fund raising campaign from April 29 through May.31, 1962, was deferred to the meeting of February 19, 1962. Warrant Resolution Upon motion by Councilman Pinkley, seconded by Councilman 276 Wilson, Warrant Resolution No. 276 including Payroll No. 185 was adopted by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Written 'Upon motion by Councilman Pinkley, seconded by Councilman Communication -Smith, and carried, the reports from Alcoholic Beverage Con - Alcoholic Beverage trol on person to person transfer of on sale beer at the Control Reports Flame Room, 1880 Monrovia Avenue, and person to person transfer of on sale beer at The Office, 1550 Superior Avenue, were received and ordered filed. Long Beach Upon motion by Councilman Wilson, seconded by -Councilman Pinkley, and carried, the communication from the City of Long Beach on their Resolution No. C-18021 urging con- struction of a Naval hospital in the Long Beach area was received and ordered filed. City Hall for use Upon motion by Councilman Rea, seconded by Councilman' as Receiving Wilson, and carried, permission was granted to County Station for Clerk L. B. Wallace to use the City Hall on the nights elections of June 5th and November 6th as a receiving station for the Primary and General elections. Sound truck for Upon motion by Councilman Pinkley, seconded by Councilman voters re gistra- Rea, and carried, the request of the Chamber of Commerce tion for operation of a sound truck between 5:00 p.m. and 9:00 p.m. on January 19, 20, 26, 27, and February 2, 3,'9, 10, 12, 13, 14, and 15 for voters registration drive was approved, subject to the approval of the Chief of Police. Brotherhood Week Upon motion of Councilman Smith, seconded by Councilman Pinkley, and carried, the communication of Technicolor Corporation on the 29th annual celebration of Brotherhood Week February 18 to 25, 1962, was referred to the Mayor. Nielsen letter to Upon motion by Councilman Pinkley, seconded by Council= Chief of Police man Smith, and carried, the communication of Mrs. Carmen T. Nielsen, 215 Jo Anne Place, Newport Beach, was referred to the Chief of Police for investigation and report back to the Council on.February 5, 1962. City Managers The City Manager requested permission to advertise for Report bids for a one ton dump truck to be used by the Park Authorized to Department. Upon motion by Councilman Pinkley, seconded advertise for bids by Councilman Rea, and carried, the City Manager was for a one ton dump authorized to advertise for bids for a one ton dump truck truck. Meeting on Orange The City Manager informed the Council that on the 19th Coast Freeway of January there was to be a meeting in Los Angeles at the Division of Highways on the proposed Orange Coast,Free- way and he thought some of the Council might like to attend. Councilmen Wilson, Rea, and Mayor Meyers stated they would attend and would like the City Manager to also attend. City Manager to The City Manager informed the Council that it was impor- start negotiations tant for the proposed Marina development for the.Council with State on pro- to start negotiations with -the State Division of Highways posed bridge for for construction of a bridge across the Santa Ana River Marina and the Orange County Flood Control District at no charge to the State, and such a request would have to be started by the City. Thereupon it was moved by Councilman Rea, seconded -by Councilman Pinkley, that•the City Manager be instructed to start negotiations with the State Division of Highways for construction of the proposed bridge. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Adjournment Upon motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, the meeting adjourned at 10:03 p.m. to Thursday, January 18, 1962, at 12:00 o'clock noon in the Conference Room of the City Hall, 695 West 19th Street, Costa Mesa, California. Mayor of the of Costa Mesa ATTEST: City Clerk of the City of Costa Mesa (6hief beouty City CferV