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HomeMy WebLinkAbout07/02/1962 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA _ July 2, 1962 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 p.m., July 2, 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 the Reverend Gabler of Central Bible Church. ROLL CALL Councilmen Present: Meyers, Smith, Wilson, Pinkley Councilmen Absent: Tomchak Officials Present: City Attorney, City Engineer, Director of Public Works, City Manager, City Clerk. Minutes Upon motion by Councilman Meyers, seconded by Councilman Wilson, June 18, 1962 and carried, the minutes of the regular meeting of June 18, 1962, were approved as written and previously distributed. PUBLIC HEARING The Mayor announced that this was the time and place set for a Pacific Electric public hearing on the application of the Pacific Electric Railway Railway for Company for the right to construct and operate an industrial drill HuntzinEpr Avenue track across Huntzinger Avenue approximately 1,197 feet easterly Crossing of Harbor Boulevard. The Clerk reported that reasonable notice had been duly given by publication, and the Mayor declared the hearing open. No one wishing to speak, it was moved by Councilman Smith, seconded by Councilman Wilson, and carried that the public hearing be closed. On motion by Councilman Meyers, seconded by RESOLUTION Councilman Wilson, Resolution No. 62-95, being A RESOLUTION OF THE NO. 62-95 CITY COUNCIL OF THE CITY OF COSTA MESA GRANTING THE APPLICATION OF THE PACIFIC ELECTRIC RAILWAY COMPANY FOR PERMIT TO CONSTRUCT, OPERATE AND MAINTAIN AN INDUSTRIAL DRILL TRACK ACROSS HUNTZINGER AVENUE IN THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Tomchak The City Manager stated that the relocation of the railroad tracks now paralleling Harbor Boulevard should be expedited to permit the development of the area easterly of Harbor Boulevard. On motion by Councilman Wilson, seconded by Councilman Smith, RESOLUTION Resolution No. 62-96, being, A RESOLUTION OF THE CITY COUNCIL N0. 62-96 OF THE CITY OF COSTA MESA, URGING THE RELOCATION OF THE TRACKS OF THE PACIFIC ELECTRIC RAILWAY COMPANY WESTERLY OF HARBOR BOULEVARD AT HUNTZINGER AVENUE, was adopted by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Tomchak PUBLIC HEARING The Mayor announced that this was the time and place set for a Vacation util- public hearing on the proposed abandonment of utility easements ities - Harbor westerly of Harbor Boulevard and easterly of Tract No. 2822 for Boulevard a distance of 531 feet. The Clerk reported that the area had been posted as required by law; that the Resolution of Intention to Abandon the easements had been published, and that no communi- cations had been recieved. The Mayor declared the hearing open. No one wishing to speak, the hearing was closed on motion by Councilman Wilson, seconded by Councilman Smith, and, carried. RESOLUTION Councilman Smith thereupon moved that Resolution No. 62-97, being NO. 62-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ORDERING THE VACATION OF UTILITY EASEMENTS WESTERLY OF HARBOR BOULEVARD AND EASTERLY OF TRACT NO. 2822 FOR A DISTANCE OF 531 FEET, be adopted. The motion was seconded by Councilman Wilson, and carried by the RESOLUTION following roll call vote: No. 62-97 AYES: Councilmen: Meyers, Smith, Wilson, Pinkley Continued NOES: Councilmen: None ABSENT: Councilmen: Tomchak Aliso Avenue The proposed abandonment of Aliso Street, 30 feet in width, Abandonment between East 20th Street and Esther Street, which was deferred from the meeting of June 18, was again considered. The City Attorney reported that preliminary investigation revealed that a question existed as to the reversion of title in the event of abandonment, and recommended that a complete title search be ordered. Mr. Charles Daniels, 452 Esther Street, and Mr. George Heaton, 455 East 20th Street, owners of abutting property, spoke from the floor.urging the abandonment. After discussion, it was moved by Councilman Wilson, seconded by Councilman Smith, and carried that the City and the abutting property owners would share the cost of a title search and that a report be made at the July 16 meeting. Tentative Tract The City Clerk reported that Henry C. Cox, subdivider of Tentative 4354 Tract 4354, had requested that action be deferred on the Tract pending further revision. On motion by Councilman Wilson, seconded by Councilman Smith, and carried, Tentative Tract 4354 was tabled. ORDINANCE 62-96 Ordinance No. 62-96 entitled AN ORDINANCE OF THE CITY COUNCIL OF Second reading THE CITY OF COSTA MESA APPROVING THE ANNEXATION OF UNINHABITED TERRITORY CONTIGUOUS TO THE CITY OF COSTA MESA IN THE COUNTY OF ORANGE, KNOWN AND DESIGNATED AS "WATERMAN NO. 1 ANNEXATION", was presented for second reading, and on motion by Councilman Smith, seconded by Councilman Meyers, reading of the Ordinance was waived, and Ordinance 62-96 was adopted by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Tomchak RESOLUTION Resolution No. 62-98, being A RESOLUTION OF THE CITY COUNCIL OF 62-98 THE CITY OF COSTA MESA, CALIFORNIA, ACTING AS THE SUPERVISING AUTHORITY OF THE COSTA MESA RECREATION AND PARK DISTRICT, ANNEXING TERRITORY TO SAID DISTRICT. (WATERMAN N0. 1 ANNEX- ATION), was adopted by motion by Councilman Smith, seconded by Councilman Meyers, and carried by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Tomchak ORDINANCE 62-27 Ordinance No. 62-27, being AN.ORDINANCE OF THE CITY OF COSTA MESA Second reading AMENDING THE MUNICIPAL CODE OF THE CITY OF COSTA MESA BY THE ADDITION TO CHAPTER VI THEREOF OF ARTICLE 10 ENTITLED "PRIVATE FIRE WARNING SYSTEMS," was presented for second reading. On motion by Councilman Wilson,.seconded by Councilman Meyers, reading of the Ordinance was waived, and Ordinance No. 62-27 was adopted by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Tomchak City's Master The recommendation of the Planning Commission for revision of the Plan City's Master Plan, deferred from the meeting of June 18, was again considered. After discussion, Councilman Smith moved that the staff of the Planning Department bring -the City's zoning pro- gram up to date and compare the result with The Welton Becket Master Plan, previously adopted by the City. Councilman Smith also suggested that Orange.Coast College students might be used effectively in the project. The motion was seconded by Council- man Wilson and carried. Foursquare The recommendation of the Planning Commission for approval of the Church revised Master Plan for.the Foursquare Church of Costa Mesa, 1734 Orange Avenue, dated June 18, 1962, was presented. On motion by Foursquare Councilman Wilson, seconded by Councilman Meyers, and carried, Church- Con't. the revised Master Plan was approved. Proposed Abandon- On motion by Councilman Smith, seconded by Councilman Wilson, and ment of 15 -foot carried, the proposed abandonment of the 15 -foot alley between alley between Elm Elm and Ponderosa, 185 feet westerly of the center line of Harbor and Ponderosa Boulevard, for alley and utility easement purposes., was deferred to the meeting of July 16, for consideration in connection with the recommendations of the Planning Commission for the abandonment of Lemon Street. REZONE PETITION The request from the Planning Commission to rezone a portion of 174 Lot 708, Newport Mesa Tract, from M1 to C2, was set for public hearing on July 16 on motion by Councilman Wilson, seconded by Councilman Smith, and carried. REZONE PETITION Rezone Petition No. 175, being a petition of Francis P. and Agnes 175. P. Rudnicki, 2222 Miner Street, to rezone Lot 23 of Tract 300 from E2 to R4., was referred back to the Planning Commission for reconsideration in view of additional information submitted by the Rudnickis and a petition signed by residents of the neighbor- hood, on motion by Councilman Wilson, seconded by Councilman Meyers, and carried. Contract The contract between the.City and Cooperative Personnel Services, Cooperative Sacramento, for examining City personnel was presented for renewal. Personnel Ser- On motion by Councilman Meyers, seconded by Councilman Smith, vices and.carried, the renewal of the contract was approved and the Mayor and the City Clerk authorized to execute the new contract. Right of way Upon motion by Councilman Smith, seconded by Councilman Wilson, deeds the following right of way deeds were accepted and ordered placed Hazel Benbow on record by the following roll call vote: 20th Century AYES: Councilmen: Meyers, Smith, Wilson, Pinkley Homes NOES: Councilmen: None ABSENT: Councilmen: Tomchak DATE NAME FOR STREETS June 19, 1962 Hazel B-. Benbow Elden Street June 29, 1962 20th.Century Homes Development, Incorporated Albert Place Vehicle Parking The request of Dr. D. L. Warwick for the inclusion of his property District No. 1 at 513 Center Street in Vehicle Parking District No. 1 was read, Dr. Warwick and on motion by Councilman Wilson, seconded by Councilman Meyers, and carried, it was referred to the Board of Directors of Vehicle Parking District No. 1 for approval, and to the Street Super- intendent for an estimate of accrued assessments. Subdivision No. The appeal of George Heinkel, 1904 Orange Avenue, from the 422 George stipulation of the Planning Commission requiring the installation Heinkel of residential sidewalks, in connection with Subdivision Appli- cation No. 422, was read. On motion by Councilman Smith, seconded by Councilman Meyers, Subdivision 422 was approved, and the side- walk requirement was deleted from the stipulation imposed by the Planning Commission. The motion carried by the following roll call vote: AYES: Councilmen: Meyers, Smith, Pinkley NOES: Councilmen: Wilson ABSENT: Councilmen: Tomchak VARIANCES The following Variance Applications for continuation of variances permitting signs advertising the first sale of lots and homes in tracts were granted on motion by Councilman Meyers, seconded by Councilman Wilson, and carried: L. M. Lilly, Jr. 902-A L. M. Lilly, Jr., 119 Cabrillo Street, Costa Mesa, for 902-A two (2) on-site 6 foot by 10 foot directional signs for Tract No. 3380. Walter Gayner 903-A Walter. Gayner, 1653 Minorca Drive, Costa Mesa, for one 903-A (1) 6 -foot by 10 -foot directional sign for Tract 3380. K. W. Koll 907-A K. W. Koll, 1555 Placentia Avenue, Newport Beach, to 907-A continue the use of two existing s1f signs, 10 -feet by 10 -feet for e 'CC Lots 1 through 14, Block E, Fairview Tract. L. M. Lilly 911-A L. M. Lilly, 119 Cabrillo Street, Costa Mesa, for two (2) 911-A 6 -foot by 10 -foot directional signs for Tract 3380. Kolco Construct- Variance application No. 975 for Kolco Construction Company, tion Company 333 East 17th Street, for permission to construct 3 units on 8,684 975 square feet of land area on the west side of -Orange Avenue approx- imately 210 feet northerly of the center line of Monte Vista Avenue, was presented together with the recommendation of the Plan- ning Commission for approval subject to the following conditions: 1. Subject to all the conditions as listed in the City Engineer's recommendations of May 2, 1962, and the Planning Director's recommendations of May 8, 1962, on Record of Survey No. 15; 2. That the driveways along property lines on parcels, A,B,C,D, and E of Record of Survey No. 15 be common driveways and that an agreement to this effect be recorded and that the common driveway easement be recorded on the individual deeds subject to the approval of the City Attorney: 3. That Car Space No. 4 be re -aligned under the direction of the Director of Planning. After discussion, it was moved by Councilman Wilson, seconded by Councilman Meyers, and carried that the application be approved subject to the recommendations of the Planning Commission. James C. Roberts Variance Application 976 for James C. Roberts, 280 East 16th 976 Street, Costa Mesa, for permission to construct 5 units on 14,000 square feet of land area at 280 East 16th Street was presented with the recommendation of the Planning Commission for approval subject to the following conditions: 1. That residential sidewalks be installed by the applicant, at his expense, under the direction of the City Engineer, the full width of the property on 16th Street and concrete driveway approaches; 2. That there be a recorded easement for a common driveway described as the northwesterly 12 feet of the southeasterly 52 feet of Lot 9, Tract 251, subject to the approval of the City Attorney; 3. No parking in front; 4. Parking under direction of the Director of Planning. After discussion, it was moved by Councilman Meyers, seconded by Councilman Smith, and carried that the application be approved -subject to the recommendations of the Planning Commission. P & R Development Variance 977 for P & R Devolopment Company, Incorporated, Post Company, Incorp- Office Box 962, Costa Mesa, for permission'to construct 8 units orated 977 on 16,213.20 square feet of land area between Ogle Street and 16th Place, 230 feet westerly of the center line of Tustin, Avenue, with the recommendation.of the Planning Commission for denial, was presented. -On motion by Councilman Wilson, seconded by Councilman Smith, and carried, the City Council concurred in denying the application. Royal Properties Variance 978 for Royal Properties Company, Incorporated, Post Office Company, Incorp- Box 962, Costa Mesa, for permission to construct 8 units on orated 978 18,000 square feet of land area at 2032 Orange Avenue, Costa Mesa, was presented together with the recommendation of the Planning Commission for denial. After discussion, and upon motion by Councilman Smith, seconded by Councilman Wilson, and carried, the Council concurred with the Planning Commission in denying the application. Conditional Use Conditional Use Permit C-93 for Frank D. Johnston, 334 East 16th Permit C-93 Street, Costa Mesa, to engage in a home occupation in an R2 zone Frank D. Johnston at that address for the purpose of growing orchids, was presented together with the recommendation of the Planning Commission for approval. On motion by Councilman Meyers, seconded by Councilman Wilson, and carried, the application was approved subject to the recommendations of the Planning Commission. The following permits for the construction of signs were approved on motion by Councilman Wilson, seconded by Councilman Meyers, and carried subject to the recommendations of the Planning Commission: Conditional Use C-96 DeRuff Development Company, 510 31st Street, Newport Beach, Permit C-96 for a temporary DF 8 -foot by 12 -foot sign to advertise the first DeRuff Develop- sale of homes in Tract 4050 subject to the following conditions: ment Company For a period of one year, or until the homes in this tract are sold, whichever is sooner, subject to the requirements of the Department of Building Safety and that said sign is to be removed by the applicant at his expense at the end of one year, and an agreement A to this effect signed by the applicant subject to the approval of the City Attorney. 'Conditional Use C-98 Pacesetter Joint Venture, 1653 Minorca Drive, Costa Mesa, Permit C-98 for a temporary 5 -foot by 12 -foot directional sign to adver- tise the first sale of homes in Tract 4311, subject to the same conditions imposed in Conditional Use Permit C-96. Conditional Use C-99 Pacesetter Joint Venture, 1653 Minorca Drive, Costa Mesa, Permit C-99 for a temporary 5 -foot by 12 -foot directional sign to aid in Pacesetter Joint the initial sale of homes in Tract 4349, subject to the same Venture conditions as in C=96. Conditional Use C-100 Pacesetter Joint Venture, 1653 Minorca Drive, Costa Mesa, Permit C-100 for a temporary 5 -foot by 12 -foot directional sign to be located Pacesetter Joint on the northwest corner of Mesa Verde Drive and Country Club Drive Venture to aid in the initial sale of homes in Tract 4349, subject to the same conditions in C-96. Conditional Use C-101 Henry C. Cox, 13372 West Warner, Santa Ana, for one 15 - Permit C-101 foot by 40 -foot directional sign and six 4 -foot by 6 -foot Henry C. Cox feature signs to advertise the planned construction and ultimate initial sale of homes in Tracts 4354, 4355, and 4356 subject to the same conditions imposed in Conditional Use Permit C-96. PERMITS Upon motion by Councilman Wilson, seconded by Councilman Smith, and carried, permit was granted for a yearly dance at the Lotus Room, 1548 (F) Adams Street, subject to the approval of the Chief of Police. Upon motion by Councilman Smith, seconded by Councilman Wilson, and carried, permit was granted to James D. Noble dba Industrial Surplus and Supply for the sale of new and used merchandise at 1680 Superior Avenue. Upon motion by Councilman Meyers, seconded by Councilman Smith, and carried, permit was granted to Fairtime Shows, Incorporated, 1010 Wilshire Boulevard, Los Angeles, to conduct a joint carnival and advertising promotion of the Harbor Center Merchants' Association at the Harbor Shopping Center. Warrant Resolu- Warrant Resolution No. 295 including Payroll Resolution No. 197 tion 295 was presented for approval. On motion by Councilman Wilson, Payroll Resolu- seconded by Councilman Smith, Warrant Resolution No. 295 was adopted tion 197 by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Tomchak Warrant Resolu- Warrant Resolution No. 296 was presented for approval. Upon tion 296 motion by Councilman Smith, seconded by Councilman Meyers, Warrant Resolution No. 296 was adopted by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Tomchak Warrant Resolu- Warrant Resolution No. 297 was presented for approval. On tion 297 motion by Councilman Wilson, seconded by Councilman Meyers, Warrant Resolution was adopted by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Tomchak Written Communi- A communication was received from attorneys representing the cations Kinney Shoe Store on Harbor Boulevard urging the City Council Kinney Shoe Store to amend the sign ordinance to permit a larger outdoor sign and to enact the variance procedure which would enable the Council to grant a permit for oversized signs. On motion by Councilman Wilson, seconded by Councilman Smith, and carried, the communi- cation was held over for consideration in connection with the new sign ordinance being prepared. Alcoholic On motion by Councilman Wilson, seconded by Councilman Smith, Beverage Con- and carried, the report of the Alcoholic Beverage Control trol Department on the application of William and Patricia Tambellini for an on -sale beer license at "The Office", 1550 Superior Avenue, was ordered: received and filed. Agnes.L. Craig The protest of Agnes L. Craig, 1676 Tustin Avenue, Costa Mesa, against proposed precise plan for an alley on south side of 17th Street in that neighborhood was ordered held for consideration at the hearing of the Precise Plan on motion by Councilman Wilson, seconded by Councilman Smith, and carried. Knitting Bag Renewal of the lease on the Knitting Bag property at 113 East Lease renewed 18th Street was recommended by the Vehicle Parking Commission, �ricrease in and on motion by Councilman Meyers, seconded by Councilman liability Wilson, and carried, the renewal was authorized with an increase insurance in liability insurance to $25,000-00--50,000-00 maximum. Mr. and Mrs. A communication from Mr. and Mrs. Vasey, 381 Flower Street, Vasey urging the Council to ask for a constitutional amendment that will permit prayer in the public schools was read. Upon motion by Councilman Smith, seconded by Councilman Wilson, and carried, the City Clerk and the City Attorney were instructed to draft a Resolution for presentation at the meeting of July 16. REPORTS The City Engineer reported that the improvements had been City Engineer completed in Tract 2783 and recommended that the bonds be Tracts 2783, exonerated. He also reported that the improvements had been 4008, 4232 Bonds completed in Tract Nos. 4008, and 4232, and recommended that exonerated the bonds posted in these tracts be exonerated. Upon motion by Councilman Wilson, seconded by Councilman Smith, the bonds for Tracts 4008 and 4232 and 2783 were exonerated by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Tomchak Director of Upon recommendation of .the Director of Finance the refund of Finance license fee paid in advance on License No. 3229 and 3231 for Refund license Silaflex was authorized. Both divisions of Silaflex were Silaflex sold to Browning Industries as of June 30, 1962. The refund was authorized on motion by Councilman Meyers, and seconded by Councilman Wilson, and carried by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Tomehak Departmental The following departmental reports: Fire Department Building Safety Department Street and Park Maintenance Department Park Department Planning Department Director of Finance were received and ordered filed on motion by Councilman Wilson, seconded by Councilman Meyers, and carried. Mesa Verde Home Mr. John Nettel, 1709 Labrador Drive, representing the Mesa Owmers' Associa- Verde Home Owners' Association spoke from the floor and tion requested information on the regrading of certain lots in Tract No. 3363. The City Manager stated that the attorney for the property owners involved had requested that no action be taken at this meeting. Mr. J. Noble Mr. John Noble, 2430 Westminster Place, and Mr. Bob Shaffer, Mr. B. Shaffer 2434 Westminster Place, spoke from the floor urging that action be taken to remedy conditions caused by the filling of land abutting upon their property. After discussion, it was moved by Councilman Wilson, seconded by Councilman Smith, and carried to defer action and arrange a meeting between.the City Attorney, City Engineer, City Manager, and the property owners involved. Director of The Director of Public Works reported that the Traffic Public Works Commission had requested the installation of stop signs on Stop sign 18th Street at Pomona Avenue because of the increase of traffic 18th Street and at that intersection. On motion of Councilman Wilson, seconded Pomona by Councilman Meyers, Ordinance 62-28, being AN ORDINANCE OF THE Urgency Ordinance CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING THE MUNICIPAL 62-28 - First CODE OF THE CITY OF COSTA MESA TO PROVIDE THAT EAST AND WEST - reading BOUND TRAFFIC ON WEST EIGHTEENTH STREET SHALL STOP AT POMONA AVENUE, was given first reading by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Tomchak City Manager The City Manager presented an agreement with the County of Radio service Orange for radio maintenance and service, being a renewal of agreement the existing agreement for one year. Upon motion by Councilman Wilson, seconded by Councilman Meyers, and carried, the agree- ment was approved and the Mayor and City Clerk authorized to execute it on behalf of the City. Civic Center The City Manager presented the escrow instructions in the Site - Escrow purchase .of the Civic Center�Site, and upon motion by Council - Instructions man Meyers, seconded by Councilman Wilson, and carried, the instructions were approved with the stipulation that the City Attorney determine to his satisfaction"that'the escrow instructions had been met prior to the release of the sum of $120,000.00 to the seller. Adjournment Upon motion by Councilman Wilson, seconded by Councilman Meyers_, and carried, the meeting adj.ourned at 9:17 p.m. Mayor of the City of Costa M sa ATTEST: City Clerk of the City of Costa Mesa Fil