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HomeMy WebLinkAbout05/02/1960 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA May 2, 1960 The City. Council of the City of Costa Mesa met in regular session at 7:30 o'clock p.m., May 2, 1960, 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 0. Cope Budge of the Southern California College. 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 April 18, 1960 Minutes April 19, 1960 PUBLIC HEARING Rezone No. 101 Campbell PUBLIC HEARING Rezone No. 103 Initiated by Planning Commission ORDINANCE 308 1st reading PUBLIC HEARING Rezone No. 104 Stewart Upon motion by Councilman Pinkley, seconded by Councilman Rea, and carried, the minutes of the regular meeting of April 18, 1960, were approved as written and previously distributed. Upon motion by Councilman Rea, seconded by Councilman Pinkley, and carried, the minutes of the regular adjourned meeting of April 19, 1960, were approved as written and previously distributed. The Mayor announced that this was the time and place set for the Public Hearing on Rezone Petition No. 101, being the petition of Robert Camp- bell, 3026 Killybrooke, to rezone from R4 to R2 property located on the north side of West 18th Street, approximately 420 feet easterly of the centerline of Pomona Avenue. The Clerk reported that the notice of public hearing had been duly published and the affidavit was on file in the Clerk's office. He also read a communication from Mr. Campbell re- questing withdrawal of the application inasmuch as the Planning Commis- sion has initiated studies in the same general area. Thereupon the Mayor inquired if there were anyone present wishing to speak. No one desiring to speak it was moved by Councilman Pinkley, seconded by Councilman Wilson, and carried, that the public hearing be closed. Thereupon it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the Rezone Petition be denied as recommended by the Planning Commission. The Mayor announced that this was the time and place set for the Public Hearing on Rezone Petition No. 103, initiated by the Planning Commission to rezone from Al to Cl and C2 property located between the prolongation of Gisler Avenue and Wakham, east of Fairview. 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 then inquired if there were anyone present wishing to speak. No one desiring to speak 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 Rea, and carried, that first reading be given to Ordinance No. 308, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF A PORTION OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 10 WEST, S.B.B. & M., FROM Al TO Cl and C2. The Mayor announced that this was the time and place set for public hearing on Rezone Petition No. 104 for Walter Stewart, 2100 Harbor Boulevard to rezone from R4 to C2 a portion of Lot 10, Fairview Farms, located on the north side of Hamilton Street, 176.8 feet easterly of Harbor Boulevard. The Clerk reported that the notice of public hearing had been duly published and the affidavit was on file in his office. He reported that no written communications had been received, and read the recommendations of the Planning Commission for approval provided that prior to action by the City Council, the applicant submits the following agreement to the City Clerk; 1) To provide a Deed Restriction for a maximum of one unit for each 1500 square feet of land area; 2) To provide two usable off-street parking spaces for each unit in accord- ance with the parking standards of the City of Costa Mesa. The Mayor then inquired if there were anyone present wishing to be heard. Mr. PUBLIC HEARING The Mayor announced that this was the time and place set for public Setbacks in Stewart was present on behalf of his application and stated that he Tentative Tract would supply the required deed restriction. No one else desiring to No. 3717 speak it was moved by Councilman Pinkley, seconded by Councilman Wilson, and carried, that the public hearing be closed. Thereupon it was moved by Councilman Rea, seconded by Councilman Wilson, and carried, that ORDINANCE 309 Ordinance No. 309, being AN ORDINANCE OF THE, CITY COUNCIL OF THE CITY lst reading OF COSTA MESA CHANGING THE ZONING OF A PORTION OF LOT 10, FAIRVIEW FARMS, FROM R4 TO C2, be -given first reading. PUBLIC HEARING The Mayor announced that this was the time and place set for public Rezone No. 106 hearing on Rezone Petition No. 106, being initiated by the Planning Initiated by Commission to rezone from Ml -A to Rl, property located on the north Planning side of Gisler, West of Harbor Boulevard and bounded on the west by Commission Tract 3625. The Clerk reported that the notice of public hearing had been duly published and the affidavit was on file in his office. ORDINANCE 311 He reported that no written communications had been received. There- lst reading upon the Mayor inquired if there were anyone present wishing to speak. Mr. William Troy, 3099 Sumatra Place, President of the Mesa Verde Bond Exonerated Homeowners Association spoke in favor of the rezoning. No one else Tract 3+58 desiring to speak, it was moved by Councilman Wilson,.seconded by Councilman Pinkley, and carried, that the public hearing be closed. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Wilson, and carried, that first reading be given to Ordinance No. ORDINANCE 310 310, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA lst reading MESA CHANGING THE ZONING OF A PORTION OF THE SOUTH ONE-HALF OF SECTION 33, TOWNSHIP 5 SOUTH, RANCE 10 WEST, S.B.B. & M., FROM Ml AND M1 -A TO Rl. PUBLIC HEARING The Mayor announced that this was the time and place set for public Setbacks in hearing on Building Setback Lines for Lots 1 through 24 of Tentative Tentative Tract Tract Map No. 371.7. The Clerk reported that the notice of public No. 3717 hearing had been duly published and the affidavit was on file in his office. He read the recommendation of the Planning Commission for adoption of an Ordinance establishing the following building setback lines, subject to the annexation of this property to the City of Costa Mesa; On Lots 1 through 24, front yard - 40.00 foot minimum from the centerline of the streets; rear yard - 10.00 foot minimum from the rear property line. 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. Thereupon it was moved by Councilman Wilson, seconded by Councilman Pinkley, and carried, that first reading be given to Ordinance No. .311, being AN ORDINANCE 311 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING lst reading BUILIDNG SETBACKS IN LOTS 131 and 132 OF TRACT N0. 653 (LOTS 1 THROUGH 24 OF TENTATIVE TRACT NO. 3717). Bond Exonerated The City Engineer informed the Council that the improvements in Tract Tract 3+58 No. 3+58 had been completed in accordance wi.th.the Plans and Specifi- cations and recommended that they be accepted and the bond exonerated. Thereupon it was moved by Councilman Rea, seconded by Councilman Wilson, that the improvements be accepted and the bond exonerated as recommended by the City Engineer. 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 Rea, seconded by Counci-lman Pinkley, and Reports carried, the monthly reports of the Building, Street, Planning, Poundmaster, Fire, Civil Defense and Finance for five free permits, were received and ordered filed. Rezone No. 93 The Clerk presented a request from Mr. and Mrs. Roy Erickson that Initiated by consideration be given for second reading of Ordinance No. 286, Rezone Planning Petition No. 93. The conditions of Rezone Petition No. 93 as approved Commission stipulated: 1) Agreement for deed restriction for a maximum of one unit for each 1500 square feet of land area and two usable off-street parking spaces for each unit and deeds of right of gray for street purposes 25.00 feet along the northerly. boundary. The Ericksons reported that they were able to secure signatures for all items from all the property I- I -1 .f-: "­') C') ..tl p;;� .jo owners except one., -Mrs. Lydia Kolarik,-AP 115-070-27. Thereupon discussion was held on whether for this one lot setbacks could be established by the Planning Commission. Thereupon it was moved by Councilman Wilson, seconded by Councilman Pinkley, that second reading be waived and adoption be given to Ordinance No. 286, being ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING NO. 286 SECTION 3.2 OF ARTICLE III'OF ORDINANCE NO. 32 OF SAID CITY (SECTION 9230.2 OF DIVISION III, ARTICLE 2 CHAPTER IX OF THE MUNICIPAL CODE) CHANGING THE ZONING OF A PORTION OF LOT 30 FAIRVIEW FARMS TRACT, FROM R4 to R2. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Planning Thereupon it was moved by Councilman Pinkley, seconded by Councilman Commission to Rea, and carried that the Planning Commission be requested to initiate establish proceedings to establish building setback lines for the easterly 63 setback lines feet of the westerly 189 feet of'the south one-half (except Wilson Street) of Lot 30, Fairview Farms, M.M. 8-71. Ordinance 299 The Clerk reported that the agreement had not been received as re - 2nd reading quired on Ordinance No. 299, thereupon it was moved by Councilman deferred Rea, seconded by Councilman Wilson,'and carried, that second read- ing of Ordinance No. 299 be'deferred to the next regular meeting on May 16, 1960. ORDINANCE 303 Upon motion by Councilman Pinkley, seconded by Councilman Rea, second 2nd reading reading was waived and adoption was given to Ordinance No. 303, being Republic No -3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING Annexation THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO THE CITY OF COSTA MESA, IN THE COUNTY OF ORANGE, KNOWN AND DESIGNATED AS "REPUBLIC NO. 3 ANNEXATION". The motion carried'by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE 304 Upon motion by Councilman Pinkley, seconded by Councilman Rea, second. 2nd reading reading was waived and adoption was given to Ordinance No. 304, being `,Harbor No. 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING Annexation THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO THE CITY OF COSTA MESA, IN THE COUNTY OF ORANGE, KNOWN AND DESIGNATED AS "HARBOR NO. 2 ANNEXATION". The motion carried by the following roll call vote: AYES:- Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE 305 Upon motion by Councilman Pinkley-, seconded by Councilman Rea, 2nd reading second reading was waived and adoption was given to Ordinance No. Mesa Verde No. 3 305, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Annexation MESA APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO THE CITY OF COSTA MESA, IN THE COUNTY OF ORANGE, KNOWN AND DESIGNATED AS "MESA VERDE NO. 3 ANNEXATION". The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE 306 Upon motion by Councilman Wilson, seconded by Councilman Pinkley, 2nd reading second reading was waived and adoption was given to Ordinance No. Rezone 100 306, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Kirchner MESA CHANGING THE ZONING OF THE EASTERLY 300 FEET OF LOT 6o4, NEWPORT MESA TRACT, FROM R4 TO R2. The motion carried by the following rollcall vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE 307 Upon motion by Councilman Wilson, seconded by Councilman Pinkley, 2nd reading second reading was waived and adoption was. given to Ordinance No. Rezone 102 307, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Initiated by MESA CHANGING THE ZONING OF A PORTION OF SECTIONS 35 AND 36, Planning Comm. TOWNSHIP 5 SOUTH, RANGE 10 WEST, S.B.B. & M., FROM Al TO Cl -S. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Councilman Pinkley left the Chambers at this point. RESOLUTION 736 Upon motion by Councilman Rea, seconded by Councilman Wilson, Weed Abatement Resolution No. 736 being A RESOLUTION OF THE CITY COUNCIL OF THE Hearing Set CITY OF COSTA MESA DETERMINING AND DECLARING THAT TTEEDS WHICH BEAR May 16, 1960 SEEDS OF DOWNY OR WINGY NATURE AND WEEDS WHICH ATTAIN SUCH'A LARGE GROWTH AS TO BECOME A FIRE NUISANCE WHEN DRY AND WEEDS WHICH ARE OTHERWISE NOXIOUS OR DANGEROUS -ARE GROWING UPON CERTAIN STREETS, SID1,TALKS, PARKWAYS AND PRIVATE PROPERTY IN THE CITY OF COSTA MESA AND THAT THE SAME ARE A PUBLIC NUISANCE: DIRECTING THE STREET SUPERINTENDENT TO POST NOTICES TO DESTROY SAID WELDS AS REQUIRED BY LAW, FIXING THE TIME FOR HEARING ALL OBJECTIONS OR PROTESTS AND DIRECTING THE ABATEMENT THEREOF IN ACCORDANCE WITH ARTICLE 3 OF CHAPTER V OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA, was adopted. The motion carried by the following roll call vote: AYES: Councilmen: Wilson Rea, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: Pinkley (Sets Public Hearing May 16, 1960) Councilman Pinkley returned to the Chambers at this point. Avocado Street The Clerk read a petition signed by 27 home owners on Avocado Improvement Street requesting street improvements and drainage facilities for District - their area. The following spoke from the floor in support of the Engineer to petition: Mrs. Dorothy Gillespie, 370 Avocado; John Gaffey, 361 begin plans. Avocado; Jack Betts, 368 Avocado; Robert Newton,.384 Avocado. After discussion as to the timing of the proposed improvement dis- trict it was moved by Councilman Meyers, seconded by Councilman Rea, and carried that the City Engineer be instructed to proceed Frith the engineering on the Avocado Street Improvement District (Central District located in the triangle between Newport'Boulevard, Harbor Boulevard and Wilson Street). Mr. Newton informed the Council that the residents signing the petition would be glad to help in any manner possible for the im- provement. Request for A request was presented from Seal's Ambulance Service to change the change of fee by rates of service effective June 1, 1960. Upon motion by Councilman Seal's Ambulance J. Smith, seconded by Councilman Rea, and carried, the request was referred to referred to the City Attorney for check on adjacent cities and the City Attorney proposed County Ordinance. Quitclaim,Deed The City Attorney preseniubd a quitclaim deed executed by Texaco, Inc. Texaco, Inc. quitclaiming their interest, as leasees, into an easement granted to the City for the widening of Harbor Boulevard (Parcel No. 8-R/W 181+) and recommended that it be accepted and placed on record. Thereupon it was moved by Councilman Wilson, seconded by Councilman Rea that the right of way deed dated March 21, 1960 from Texaco, Inc. for Project No. 1814, Parcel No. 8, be accepted and placed on record by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Property Damage The City Attorney informed the Council that after study -he, -would Liability recommend that there be an increase in property damage liability Insurance insurance to.$500,000 - $1,000,000. Thereupon it was moved by increased Councilman Pinkley, seconded by Councilman Rea, and carried, that the recommendation of the City Attorney be upheld. Right of Way Upon motion by Councilman Pinkley, seconded by Councilman Rea, a Deeds right of way deed, dated January 25, 1960, from Ovis D. Hunter for that certain street known as Elden Street was received and ordered 1 placed on record by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Upon motion by Councilman Pinkley, seconded by Councilman Rea, a right of way deed dated March 10, 1960 from Charles L. and Berthe xG. Gross for that certain street knom as Elden Avenue was received and ordered placed on record by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Upon motion by Councilman Pinkley, seconded by Councilman Rea, a right of way deed dated April 27, 1960, from Jack H: and Rozan R. Morris, for that certain street known as Orange and Monte Vista was received and ordered placed on record by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Upon motion by Councilman Pinkley, seconded by Councilman Rea, a right of way deed dated April 26, 1960, from Lillian A. Welch for that certain street known as Sierks Street was received and ordered placed on record by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Upon motion by Councilman Pinkley, seconded by Councilman Rea, a right of way deed dated April 29, 1960, from Joseph Howard and Clora H. Lynch, for that certain street known as Albert Place was received and ordered placed on record by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Howard -Lynch Upon motion by Councilman Pinkley, seconded by Councilman Rea, and Agreement carried, an agreement between the City of Costa 'Mesa and Joseph approved. Howard and Clora H. Lynch, for removing structures in the right of gray dedicated for the Santa Ana Avenue Improvement District, was approved. Variance 597-A Variance Application No. 597-A', being the application of James G. Aszman Aszman, 343 Orlando Way, Covina, California, to permit extension of the existing variance for a 40.00 foot setback from the centerline of Center Street (encroachment of 10.00 feet into required front yard setback of 50.00 feet from the centerline) and parking space dimensions of 9' x 18' with backup distance of 26.00 feet, located on the south side of Center Street, approximately 408 feet easterly of the centerline of Pomona Avenue, was presented together with the recommendations of the Planning Commission for denial for the follow- ing reason: 1) That the applicant has informed the Commission that he does not plan to build until February, 1961. Mr. Aszman was pre- sent and stated he may start building prior to February 1961. The Council requested that the minutes of the Planning Commission be read as to the reason for denial. After discussion it was moved by Councilman Wilson, seconded by Councilman Pinkley, and carried, that this be deferred to the next regular meeting ori May;16, 1960, to permit study of the application. Variance 742 Variance Application No. 742, being the application of Lansing Con - Lansing struction Company, Inc., 13155 Brookhurst Avenue, Garden Grove, to Construction permit building of 8 units on 13,500 square feet of land area and a 10 foot encroachment into required 50 foot front yard setback from the centerline of 16th Place (15 foot front yard setback), property located on the southerly side -of 16th Place, approximately 335.60 feet westerly of the centerline of Santa Ana Avenue, was presented together with the recommendations of the Planning Commission for denial for the following reasons: 1) Due to the large number of protests received. 2) No hardship is shown. Thereupon discussion was held on the zoning and development of the area. After discus- sion it was moved by Councilman J. Smith, seconded by Councilman Rea, that the recommendation of the Planning Commission be over- ruled and the application be approved. The motion carried by the following roll call vote: (4/5) AYES: Councilmen: Wilson, Rea, Smith, Meyers NOES: Councilmen: Pinkley ABSENT: Councilmen: None Variance 743 Variance Application No. 743, being the application of K. W. Koll, Koll 1555 Placentia Avenue, to permit rear yard encroachments on Lots 78, 79, 144, 152, 178 and 179 of Tract 3529, was presented together with the recommendation of the Planning Commission for approval. After discussion it was moved by Councilman J. Smith, seconded by Councilman Pinkley, and carried, that the action of the Planning Commission be upheld. Variance 744 Variance Application No. 744, being the application of R. J. Basile, Basile - Reece E. C. Reece, Jr., 2925 Chestnut Avenue and 292+ Jacaranda Avenue to permit erection of a 6 foot high fence to within 3.00 feet of the property line (an encroachment of 7 feet into the required side yard setback) along Primrose as shown on the plot plan attached to the application and made apart thereof,,was presented, together with the recommendation of the Planning Commission for approval as per the plot plan. Councilman Wilson stated that the plot plan showed a block wall and that should be a part of the stipulation of approval. The applicants were present .and stated that the rest of the neighborhood had decided on redwood fencing and they thought they would construct the same. Discussion was held on both redwood and masonry type fences. Thereupon it was moved by Councilman Wilson, seconded by Councilman Rea, that'the application be granted for a 6 foot high masonry type wall. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley 'NOES: Councilmen: Smith, Meyers ABSENT: Councilmen: None (See action later in the meeting for rescinding the above motion) Councilman Smith left the chambers at this point. Variance No. 745 Variance Application No. 745, being the application of Barbara Kesel Kesel, 309 East 19th ­Street, Costa Mesa, to permit the operation of a child care center in an R4 zone located at 1932-A Wallace was presented, together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) For a period of one year after which time the applicant may come in for an extension with no filing fee; 2) Not to exceed a maximum of 20 children; 3) Subject to the requirements of the Health and Fire Departments; 4) No signs; 5) That all land 30.00 feet from the center line of existing alley along the rear of this property be dedicated to the City of Costa Mesa for street pur- poses and that this dedication be made prior to the applicant obtaining her license. The applicant was present on behalf of her application. After discussion it was moved by Councilman Rea, seconded by Councilman Wilson, and carried, that the Variance be approved subject to the recommendations of the Planning Commission. Variance 746 Variance Application No. 746, being the application of Bertren Smith I.Smith, 16+0 Superior Avenue, to permit an encroachment of 25 feet into 25 foot required rear yard setback for an industrial building to be located on the west side of Superior at East 16th Street, was presented together with the recommendation of the Planning Commission for approval. Upon motion by Councilman Pinkley, seconded by Councilman Rea, and carried, the action of the Planning Commission was upheld. Variance 748 Variance Application No. 718, being the application of Nora A. Schuessler Schuessler, 167 Rochester, Costa Mesa, to permit two additional units in addition.to existing residence on 7000 square feet of 1a.ti �_2 land area and an encroachment of 7 feet into required 25 foot rear yard setback from the property line, located at 167 Rochester, was presented, together with the.recommendation of the Planning Commission for denial because of the hazardous way of getting the cars in and out of the proposed parking area between the two build- ings. Mrs. June Olsen was present and requested deferral to per- mit the parking situation to be rectified. Thereupon it was moved by Councilman Wilson, seconded by Councilman Pinkley, and carried, that the variance be deferred to the next regular meeting of May 16, 1960. Councilman Smith returned to the Chambers at this point. Variance 749 Variance Application No. 749, being the application of Carter Carter Investment Corporation, 2815 West Burbank Boulevard, Burbank, to Investment permit a 10 foot encroachment into required 50 foot front yard Corporation setback from centerline of Orange Avenue, for the construction of a professional building on the southeast corner of Ogle and Orange 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 the 15 foot alley along the south- erly'property line be improved at the applicant's expense accord- ing to city standards under the direction of the City Engineer; 3) That a 6 foot block wall be erected to buffer- the residential from the professional along the easterly,property line; 4) That residential sidewalks be installed along Ogle Street and commercial sidewalks be installed along Orange Avenue under the direction of the City Engineer; 5) That the applicant landscape the perimeter of this property under the direction of the Director of Planning. After discussion it was moved by Councilman Rea, seconded by Councilman Wilson, and carried, that the variance be approved sub- ject to the recommendations of the Planning Commission. Variance 750 Variance Application No. 750, being the application of Ralph A. Jensen - Jensen and Egon J. Moeckel, 2924 Chestnut Avenue and 2925 Redwood Moeckel Avenue to permit erection of 6 foot high fence to a minimum of 2 feet from the property line along Primrose Street on Lots 165 and 166 of Tract 2822 as per the plot plan attached to and made a part of the,variance, was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: That the fence will be set in 3 feet inside the side property line (sidewalk), not to exceed 6 feet in height at this location (716" from the sidewalk level), with an 18" planter between the fence and the sidewalk. After a lengthy discussion it was moved by Councilman Wilson, seconded by Councilman Rea that the variance be approved subject to the recommendations of the Planning Commission. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Meyers NOES: Councilmen: -Smith, Pinkley ABSENT: Councilmen: None Variance 744 Thereupon discussion was held on the above Variance and Variance Baisle-Reece 744 for Baisle-Reece being in the same vicinity. After discussion Action it was moved by Councilman Wilson, seconded by Councilman Rea rescinded that the action on Variance No. 744 earlier in the meeting be rescinded. The motion carried by the folloiring roll call vote: AYES: Councilmen: WilsonRea, Smith, Meyers , NOES: Councilmen: Pinkley ABSENT: Councilmen: None Variance 744 Thereupon it was moved by Councilman J. Smith, seconded by Council - continued man Wilson, and carried, that Variance No. 744 be continued to the next regular meeting of May 16, 1960. Thereupon it was moved by Councilman Rea, seconded by Councilman Wilson, and carried, that the City Manager be instructed to pre- pare several types of plans for fences within a 5 foot setback,. and report back at the next meeting. PERMITS Upon motion by Councilman Pinkley, seconded by Councilman Rea, and carried, permit was granted to Harbor Amusement for a juke box to be located at Dick's Horseshoe, 2394 Newport Boulevard, subject to the approval of the Chief of Police. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried, permit was granted to the Harbor Democratic Head- quarters for a rummage sale to be held on May 28 at 692 West 19th Street, and the fee waived. Upon motion by Councilman Wilson, seconded by Councilman Rea, and carried, permit was granted to the Chamber of Commerce to conduct a Motorcade on May 14 at ll:00 a.m., subject to the approval of the route by the Chief of Police. Warrant Upon motion by Councilman Pinkley, seconded by Councilman Rea, Resolution 207 Warrant Resolution 207 including Payroll No. 143, was adopted by the following roll call vote: AYES:. Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Warrant Resolution 208 Warrant Resolution 209 Oral Communications Upon motion by Councilman Pinkley, seconded by Councilman Rea, Warrant Resolution 208 was adopted by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Upon motion by Councilman Smith,-. seconded by Councilman Pinkley, Warrant Resolution 209 was adopted by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen:' None The Mayor inquired if there were anyone present wishing to speak on some item not on the agenda. Mesa Shopping Thereupon Mr. Howard Friedman of Loeb and Loeb, attorneys for the Center Parking Monticello Corporation, spoke requesting rescinding of action at the previous meeting on the reduction of the 3 to 1 parking re- quirements in conjunction with the paving of Sparks Street and other alleys adjacent thereto by the Mesa Center Corporation, Mr. Ernest Hartman, and refer the matter to the City Attorney and City Manager for a solution. After discussion it was moved by Councilman Rea, seconded by Councilman Pinkley, and carried, that the action of April 18, 1960 be rescinded and'the matter referred to the City Manager and City Attorney to work out an equitable plan of parking in this area, and report back to the Council at the next meeting on May 16, 1960. Mr. Walter Burroughs spoke, requesting to go on record that he was opposed to any reduction of the 3 to 1 parking ratio established by the City of all commercial shopping areas. Written The Clerk read a communication from Jack Fingland Engineering and Communications Equipment Company, 1290 Powell Street, Emeryville, California, protesting the awarding of a bid for the Paving Spreader Box to a Fingland company other than his, inasmuch as he was the low bidder. The Engineering & Attorney informed the Council that Mr. Finglands bid did not meet Equipment the specifications as set forth and read the specifications to Company the Council. He stated that three bids had been received and the bid had been awarded to the lowest bidder conforming to the specifications. After discussion it was moved by Councilman Rea, seconded by Councilman Pinkley, and carried, that the communication be received and ordered filed. Alocholic Upon motion by Councilman Pinkley, seconded by Councilman Smith, Beverage and carried, the communication from the Alocholic Beverage Control Control for a new off -sale beer and wine license for Carolyne M. Stanley, 1 1 Hub, 166+ Newport Boulevard, was received and ordered filed. Costa Mesa Upon motion by Councilman Pinkley, seconded by Councilman Smith, High School and carried, the communication of Mrs. Bruce'B. Howey, Corres- P. T. A. ponding Secretary of the Costa Mesa High School P. T. A. thanking the Council for the granting of a permit to hold.their Spring Festival was receeved and ordered filed. City of Upon motion by Councilman Pinkley, seconded by Councilman Rea, E1 Centro and carried, the com =ication from the City of E1 Centro regard- ing the showing of films salacious in nature was received and ordered filed. Councilman Rea Councilman Rea requested permission to be absent from the State to be absent until June 16, 1960. Upon motion by Councilman Pinkley, seconded from State by Councilman Wilson, and carried permission was granted for Councilman Rea to be absent from the State Until June 16, 196o. City Managers The City Manager informed the Council that he had checked into Report the registering of voters at the City Hall, but that the County Registrar of Registrar of Voters would not be able to discuss the matter Voters with him until a later date. Electrical Code The.City Manager read a communication from the Building Official to be given to stating that the City would perhaps like to consider the adoption Council for of new building, plumbing, and electrical codes. The City review Manager informed the Council that an electrical code had been drafted by representatives of the Cities of Orange County and been adopted by several. He stated that copies of this could be made available to the Council if they so desired. Thereupon it was moved by Councilman Milson, seconded by Councilman Rea, and carried, that the City Manager supply the Council with copies of the proposed electrical code for their review. Adjournment Upon motion by Councilman Pinkley, seconded by Councilman Rea, and carried the meeting adjourned at 10:05 P.M. yor f t e Ci of Costa Mesa ATTEST: City Clerk of the Citk of Costa Mesa 1