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HomeMy WebLinkAbout02/20/1961 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA February 20, 1961 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 o'clock p.m., February 20, 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 Councilman John Smith. ROLL CALL Councilmen Present: Wilson, Rea, Smith, Pinkley, Meyers Councilmen Absent: None Officials Present: City Manager, Director of Public Works, City Attorney, City Engineer, Chief Deputy City Clerk Minutes Upon motion by Councilman Wilson, seconded by Councilman February 6, 1961 Smith, and carried, the minutes of the regular meeting of February 6, 1961, were approved as written and pre- viously distributed. REPORTS The City Attorney informed the Council that in checking City Attorney the number of registered voters in the proposed Paularino Paularino No. 2 No. 2 Annexation to the City it was found that there were (inhabited) less than twelve registered voters in the area to be Terminated annexed and therefore it eras his recommendation that the RESOLUTION 813 inhabited Paularino Annexation No. 2 be terminated. Thereupon it was moved by Councilman Rea, seconded by Councilman Wilson that Resolution No. 813 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA TERMINATING PAULARINO NO, 2 J1ZNEXATION PROCEEDINGS, be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTION 814 Thereupon the City Attorney recommended that proceedings Paularino No. 4 be started for the same territory to be known as Paularino Annexation No. 4 Annexation, under uninhabited proceedings. There - (Uninhabited) upon it was moved by Councilman Smith, seconded by Council- man Rea, that Resolution No. 814, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA 14ESA GIVING NOTICE OF A PROPOSED ANNEXATION TO SAID CITY AND SETTING THE TIME AND PLACE OF HEARING PROTESTS THEREON be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None (Sets public hearing for April 3, 1961.) City Engineer The City Engineer informed the Council that the improvements Tract 3717 Bond in Tract No. 3717 had been completed and he recommended that Exonerated the bond be exonerated. Thereupon it was moved by Councilman Wilson, seconded by Councilman Pinkley, and carried, that the bond for Tract 3717 be exonerated. Director of Public The Director of Public Works informed the Council that the new. Works tzat'fic signals at Newpart Boulevard and 16th Street and ORDINANCE NO. 343 Newport Boulevard and Industrial ,day would be in operation Removal of Stop - within the next three weeks and stated that the State Division Sign NEly corner of Highways and the Costa Mesa Police Department recommended 16th & Newport Blvd that the stop sign at the northeasterly corner of 16th Street "lst Reading and Newport Boulevard be removed. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Rea, and carried, that first reading be given to Ordinance No. 343, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTION 3464 OF THE M(INICIPAL CODE OF THE CITY OF COSTA MESA AND ORDERING THE REMOVAL OF THE STOP SIGN AT THE NORTHEASTERLY CORNER OF 16TH STREET AND NEWPORT BOULEVARD.(To be an urgency.ordinance for the safety of citizens.) RESOLUTION 815 The Director of Public Works presented a proposed agreement Agreement with between the Orange County Flood Control District, K. W. Co. Flood Control- Koll, and the City of Costa Mesa regarding a temporary K. W. Koll, City corrugated metal pipe inlet within the right of way of Tr. 3500 the Santa Ana Gardens Channel as shown on the plans of Tracts 3500 and 4041. After discussion it was moved by Councilman Rea, seconded by Councilman Wilson that Resolution No. 815 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING AN AGREEMENT BY AND BETWEEN THE ORANGE COUNTY FLOOD CONTROL DISTRICT, THE CITY OF COSTA MESA, AND K. W. KOLL, SUBDIVIDER, FOR THE CONSTRUCTION OF A TEMPORARY STORM DRAIN INLET WITHIN THE SANTA ANA GARDENS CHANNEL, AND AUTHORIZING THE EXECUTION THEREOF BY THE MAYOR AND CITY CLERK be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Refunds The Clerk read a communication from C. J. Clark, Secretary- Vard Products Treasurer of Vard Products requesting refund on Building Blue Haven Pools Permits Nos. 13292 through 13297, together with the recom- mendation of the Building Official for a total refund of $476.88 which is 85 per cent of the permit fee only. He also read a communication from Blue Haven Pools for refund on Building -Permit 13759, Plumbing Permit 28647, and Electric Permit 14132 for L. Langley, 820 Governor Street, together with the recommendation of the Building Official for refund of $14.96 which is 85 per cent of permit fees. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Rea, that refund of $476.88 be granted Vard Products and $14.96 be granted Blue Haven Pools as recom- mended by the Building Official. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Departmental Upon motion by Councilman Pinkley, seconded by Councilman Reports Rea, Warrants 2091, 1494, 2319, 4529, were cancelled and the Director of Finance authorized to -redeposit the amounts to General Fund. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea,'Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Upon motion by Councilman Smith, seconded by Councilman Wilson, and carried, the following reports were received and ordered filed: Audit from July 1, 1960 through December 31, 1960; Finance; City Treasurer; Police Department. - ORDINANCE NO. 341 Upon:motion by Councilman Smith, seconded by Councilman 2nd Reading Pinkley, Ordinance No. 341 being AN ORDINANCE OF THE Setbacks Tr. 3403 CITY COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING BUILDING SETBACK LINES FOR LOTS 1 THROUGH 15 AND LOTS 40 THROUGH 70 OF TRACT NO. 3403 IN THE CITY OF COSTA MESA was given second reading and adopted by the follow- ing roll call vote: AYES: Councilmen: Wilson, Rea Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE N0. 342 Upon motion by Councilman Pinkley, seconded by Council - 2nd Reading- man Wilson, Ordinance No. 342 being AN ORDINANCE OF THE Urgency Stop Sign CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTION at Washington 3465 OF THE MUNICIPAL_CODE OF THE CITY OF COSTA MESA TO and Gisler ESTABLISH A STOP INTERSECTION ON 14ASHINGTON STREET AT GISLER AVENUE was given second reading and adopted by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Public Hearing Set Upon motion by Councilman Smith, seconded by Councilman March 6, 1961 - Wilson, and carried, Public Hearing was set for March 6, 7:30 p.m. Setbacks 1961, at the hour of 7:30 o'clock p.m. in the Council Tr. 4008 Rezone Chambers of the City Hall for the following : Proposed Petition 121 Setback lines in Tract 4008; Rezone Petition 121, Milan Rezone Petition 122 Rovan, to rezone from Al, R4 and Ml to Cl property located at 670 and 720 Paularino Avenue; Rezone Petition 122, Costa Mesa Planning Commission to rezone from R4, P1, and C2 to Cl -S property located in the general area between East 17th Street and Ogle Street and between Orange Avenue and Santa Ana Avenue. Building Moving 32+ Application for Building Moving Permit No. 324, for D. W. D. W. McMillan McMillan, 1566 Newport Boulevard, to move a garage from 1666 Newport Boulevard to 1569 Orange Avenue, was pre= sented together with the action of the Planning Commission for no recommendation for or against with the following statement of policy -- "That the Commission has no objec- tion if it is permissible for the applicant to make a written commitment that he will build a main structure within a given period of time for, according to the Municipal Code Chapter IX, Division 1, Section 9220.1, an accessory structure cannot be built on a lot without a main structure." Mr. McMillan was present on behalf of his application informing the Council that he wished to park non-commercial vehicles in the garage. He also stated that he would like to know what the zoning of the area was to be so that he could use the structure accord- ingly. The Council asked him if he would be willing to build a residence, which the property is zoned for, within a 60 day period. He stated that he wished to know what the zoning would be. After further discussion it was moved by Councilman Wilson, seconded by Councilman Pinkley that the application be denied. After still further discussion Councilman Pinkley requested a roll call vote which denied the application. AYES: Councilmen: Wilson, Rea, Pinkley NOES; Councilmen: Smith, Meyers ABSENT: Councilmen: None The Council informed the applicant that he could go back to the Planning Department and apply for a variance for the use of the garage if he so desired. ORDINANCE N0. 344 The Clerk presented the Revised Edition of the Uniform 1st Reading Electrical Code to bring itin conformance with the other 1961 Costa Mesa Cities in Orange County. Thereupon it was moved by Council - Electrical Code man Rea, seconded by Councilman Wilson, and carried that Sets Hearing first reading be given to Ordinance No. 344, being AN March 6, 1961 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ADOPTING THE ELECTRICAL CODE OF THE CITY OF COSTA MESA - 1961 EDITION. (Sets hearing for 7:30 p.m. March 6, 1961 at City Hall.) RESOLUTION NO.816 Upon motion by Councilman Pinkley, seconded by Councilman Agreement with Rea, Resolution No. 816 being A RESOLUTION OF THE CITY State for Popula- COUNCIL OF THE CITY OF COSTA MESA APPROVING AN AGREEMENT tion Estimate BY AND BETWEEN THE DEPARTMENT OF FINANCE OF THE STATE OF CALIFORNIA AND THE CITY OF COSTA MESA FOR THE PREPARATION OF AN ESTIMATE OF POPULATION AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT., was adopted by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTION NO. 817 Councilman Pinkley presented Senate Bill 281 introduced by Support of Senate Senator Murdy making changes to the Orange County Water Bill 281 District Act and urged its support. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Smith, that Resolution No. 817 being'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA URGING ADOPTION OF SENATE BILL NO. 281 RELATING TO THE ORANGE COUNTY WATER DISTRICT be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTION NO. 818 The Clerk presented a communication from the City of Garden Federal Surplus Grove urging the support of Senate Resolution No. 30 on Property Acquisi- acquisition of Federal Surplus Property by municipal govern - tion by Munici- ments. Thereupon it was moved by Councilman Smith, palities seconded by Councilman Wilson that Resolution No. 812 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA URGING EQUITABLE PROVISIONS FOR MUNICIPALITIES IN THE ACQUISITION OF FEDERAL SURPLUS PROPERTY be adopted. The - motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith,Meyers NOES: Councilmen: None ABSENT: Councilmen: None Transfer of The Clerk presented the request of Westport Development Var. 609 & 701 to Company, 12863 Palm Street, Garden Grove, for transfer of Westport Dev. Co. Variance 609 and 701 from Brandon Properties, Inc. and Mesa Construction Company, Inc., together with the recom- mendation of the Planning Commission for approval subject to the same stipulations listed on the Variance applica- tions approved May 18, 1959 and January 4, 1960 respec- tively. After discussion it was moved by Councilman Wilson, seconded by Councilman Pinkley, and carried, that the transfer be approved as recommended by the Planning Commission and that requirements No. 1 and 2 of Variance No. 701 be subject to the approval of the Building Safety Department. Right of Way Deeds Upon motion by Councilman Pinkley, seconded by Councilman Smith, the following right of way deeds were 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 DATED February 16, 1961 February 16, 1961 February 26,; 1961 FROM Costa Mesa Union School District Taisto Johannes and Alma A. Vuori Oakview Investments, Inc. FOR STREETS Clary & Gage Alley L63, Newport Heights Superior and Anaheim Variance 830 Variance Application No. 830 being the application of Nabors John R. Nabors, 2018 Anaheim, to permit encroachment of 5.84 ft. into required 19.84 ft. rear yard setback for addition of an attached garage at 2018 Anaheim, together with the recommendation of the Planning Commission for approval. Thereupon it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the application be approved as recom- mended. 1 1 1 Variance 831 Variance application No. 831 being the application of Park-Fairmont,Inc. Park -Fairmont, Inc., 119 Cabrillo Street, Costa Mesa, to permit construction of six units in addition to existing twenty units on 64,081 sq. ft. of land area, making one unit per 2,464 sq. ft. of land area on property located on Wilson Street and Congress Street, easterly of Placentia Avenue, was presented together with the recommendation of the Planning Commission for approval as per plot plan submitted January 10, 1961 subject to the following conditions: 1) Two for one off-street parking under the direction of the Director of Planning. 2) Dedication to the City of Costa Mesa of 30 ft. for the extension of Congress Street. 3) That Congress Street be improved at the applicant's expense, under the direction of the City Engineer. Said improvements to include curbs, gutters, base, pavement, concrete driveway approaches and residential sidewalks. 4.) That the Agreement now on file with the City be revised, subject to the approval of the City Attorney, so that it will encompass the development requested in this application. Mr. Lilley was present on behalf of the application and stated he was trying to secure an easement from the adjoining property owners. The following spoke in protest: J. D. Anderson, Mr. Webber. After discussion it was moved by Councilman Wilson, seconded by Councilman Pinkley, and carried, that this be deferred to the meeting of March 6, 1961, in order to permit Mr. Lilly time to contact the adjoin- ing property owners regarding the easement. Variance 832 Variance application No. 832, being the application of Drew Lucille W. Drew, 114 East Wilson, Costa Mesa, to permit encroachment of 20 ft. into the required 25 ft. rear yard setback to add four (4) units to existing two story motel at 114 East Wilson, was presented, together with the recommendation of the Planning Commission for denial as the area is already crowded and this would add to the congestion. Mrs. Drew was present and presented new parking layout. The Clerk read a communication of pro- test from Mr. Harry L. Brooks, 117 East Wilson Street. After discussion it was moved by Councilman Wilson, seconded by Councilman Pinkley that the variance be approved subject to parking under the direction of the Director of Planning, as submitted on the plan dated February 20, 1961. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Variance 833 Odd Fellows- Variance application No. 833, being the application of -Rebekahs Temple Odd Fellows Rebekahs Temple Association, 280 Victoria Association Street to permit use of existing church facilities and R4 zoned property for a Lodge Hall at 1950 Church Street, was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) That the occupancy shall not exceed three times the available, usable off-street parking. 2) That no dances be allowed in the structure. The Clerk read a petition of protest with 21 signatures. The following spoke in favor of the Variance: Ed Willcutt, James L. Woods. The Council inquired whether or not the Lodge would tear down the existing garage to allow more off- street parking. Mr. Woods explained that they hoped to use this for a dining room with an adjacent shed as the kitchen, -inasmuch as the garage was already completely finished inside. After discussion it was moved by Councilman Wilson, seconded by Councilman-Pinkley, and carried, that this be deferred to the meeting of March 6, 1961 to permit applicant to make agreements with adjoining property owners for the use of their parking facilities. Variance 834 Variance application No. 834, being the application of Vuori Taisto J. Vuori, 230 East 16th Place, Costa Mesa, to permit construction of an additional unit making a total of -two (2) units on 5965.65 sq. ft. of land area at 230 East -16th Place, was presented together with the recom- mendation of the Planning Commission for approval subject to the following conditions: 1) Dedication to the City of Costa Mesa of 2.5 ft. along the rear of the property for alley widening. 2) Two for one off-street parking under the direction of the Director of Planning. 3) Installation of residential sidewalks along 16th Place by the applicant, at his expense, under the direction of the City Engineer. After discussion it was moved by Councilman Rea, seconded by Councilman Pinkley and carried, that the variance be approved subject to the recommendations of the Planning Commission. Variance 835 Variance application No. 835 being the application of Pope Edker Pope, 3905 Marcus, Newport Beach, to permit con- struction of a 25 unit Motel.(with 13 kitchen units) on C2 property with an encroachment of 20 ft. into required 25 ft. rear yard setback at the west side of Newport Avenue at 23rd Street was presented together with the recommendation of the Planning Commission for -approval subject to the following condition: 1) That commercial sidewalks be installed by the applicant at his expense under the direc- tion of the California Division of Highways, along Newport Avenue in front -of this property. 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 836 Variance application No. 836 being the application of Dan Holland C. Holland, 2273 Cornell, to permit encroachment of 10.4 ft. into required 20.4 ft. rear yard setback for addition of family room and patio at 2273 Cornell Drive, was presented together with the recommendation of the Planning Commis- sion for approval. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Rea, and carried, that the Council concur with the recommendation of the Commission for approval. Variance 837 Variance application No. 837, being the application of Lindstedt Theodore Lindstedt, 1311 Cliff Drive, to permit encroach- ment of 20 ft. into a required 30 ft. setback from front property line for a commercial building at 2428 Newport Boulevard was presented together with the recommendation of the Planning Commission for denial for the following reasons: 1) The proposed building would be setting out in front of the existing businesses in this block and thus create a -hardship; 2) a uniform setback should be maintained; 3) If Newport Boulevard is ever widened on the east side, this front setback will prove a convenience. The Clerk read a petition in favor of the variance bearing nineteen signatures. The following spoke in protest: Arthur Abbott, Dick Lawrence, Mr. Shofner. Mr. Lndstedt was present on behalf of his application. After a lengthy discussion it was moved by Councilman Rea, seconded by -Councilman Pinkley, that the application be denied. The motion carried by the following roll call vote: AYES: Councilmen: Rea, Smith, Pinkley NOES: Councilmen: Wilson; Meyers ABSENT: Councilmen: None Plan. Comm. to It was moved by Councilman Wilson, seconded by Councilman make Study, of Pinkley, and carried, that the Planning Commission be Existing Setbacks instructed to make a study of the existing setbacks on on Newport Blvd. Newport Boulevard, west side from 20th Street to Bristol and east side from 20th Street to Meda Drive, and report back with their recommendations. Variance 838 Variance application No. 838, being the application of Harris James A. Harris, 1756 Orange, to permit construction of second story on existing professional building for addi- tional professional use at 1752, 1751+, 1756, 1758 Orange Avenue, was presented, together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) Off-street parking under the direction of the Director of Planning. 2) Installation of commercial sidewalks on Orange Avenue and residential sidewalks on Rochester by the applicant at his expense, under the direction of the City Engineer. The Clerk read a petition of protest bearing nineteen signatures. The Council asked Mr. Harris if he had more than four occupants for his suites, and he stated he was sharing his office and there were two doctors in one office. After discussion, it was moved by Councilman Pinkley, seconded by Councilman Rea, with Councilman Wilson not participating, that Variance 838 be denied. The motion carried by the following roll call vote: AYES: Councilmen: Rea, Smith, Pinkley, Meyers NOT PARTICIPATING: Councilmen: Wilson ABSENT: Councilmen: None Variance 839 Variance application No.'839, being the application of Pifer James W. Pifer, 1377 South Loara Street, Anaheim, to permit construction of seven (7) units on 19,965 sq. ft. of land area on an R1+ lot at Meyer Place on the north side of Hamilton, was .presented together with the recommendation of the Planning Commission for approval - subject to the following conditions: 1) Two for one off-street parking under the direction of the Director of Planning; 2) Installation of residential sidewalks on Hamilton, by the applicant at his expense, under the direction of the City Engineer. After discussion it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the variance be approved subject to the recommendations of the Planning Commission. Subdivision 351 Subdivision application No. 351, being the application Cagney of William J. Cagney, 2702 Bayshore Drive, Newport Beach, to divide a portion of Lot 28, Fairview Farms Tract into two parcels, located on'the north side of Victoria Street, 163 ft. westerly of the center line of Harbor Boulevard was presented together with the recommendation of the Planning Commission for approval and that Parcel A be made an integral part of the 77 ft. by 113 ft. lot facing Harbor Boulevard. After discussion it was moved by Councilman Rea, seconded by Councilman Pinkley, and carried, the application was approved subject to the recommendation of the Planning Commission. Variance 840 Variance application No. 840 being the application of Cagaey William J. Cagney, 2702 Bayshore Drive, Newport Beach, to permit 0 ft. rear yard setback (8.82 ft. encroachment into 8.82 ft. required rear yard setback) for construction of a commercial building to be located on Victoria Street (north side) west of Harbor Boulevard, was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) Dedi- cation to the City of Costa Mesa for the widening of Victoria Street of all land 30 ft. from the center line of the street; 2) Installation of commercial sidewalks along Victoria Street by the applicant at his own expense, under the direction of the City Engineer. After discussion it was moved by Councilman Pinkley, seconded by Councilman Rea, and carried, that the application be approved subject to the recommendations of the Planning Commission. Variance 841 Variance application No. 841 being the application of Werner Dollnig W. Dollnig, 1984 Continental, to permit encroachment of 2 ft. into required 5 ft. side yard setback and a 3 ft. encroach- ment into required front yard setback of 50 ft. from the center line of street for addition of an attached double garage and storeroom at 1984 Continental. After discussion it was moved by Councilman Wilson, seconded by Councilman Smith and carried, that the variance be approved as recom- mended. Variance 843 Variance application No. 843, being the application of Koll K. W. Koll, Construction, Inc., 1555 Placentia, Newport Beach, to permit a temporary sign on site subdivision on Lot 1, Tract 4041, was presented together with the recommendation of the Planning Commission ratifying the Planning Director's approval of February 2, 1961, being for one year or until the homes are sold in Tract 4041, 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 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 Council concur with the action of the Planning Commission. Variance 496-A Variance application No. 496-A being the application of Stabler Robert L. Stabler, 1722 East Ocean Front Boulevard, Balboa, to permit a continuance of Variance to permit a 0 ft. rear yard setback (25 ft. encroachment into required 25 ft. rear yard setback) for construction of an additional industrial building at 643 West 17th Street, was pre- sented together with the recommendation of the Planning Commission for approval with the recommendation that the applicant pays the $25.00 filing fee inasmuch as this variance expired some time ago. The Clerk informed the Council that a 25.00 check was attached to the Variance. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Wilson, and'carried, that the application be approved as recommended by the Planning Commission. Subdivision 348 Subdivision application No. 3218; being the application Myers of William Myers, 339 Lawson Place, Glendale 2, to divide Lot 7, Tract 3458,,into three parcels located on the'north side of Joann Street at Pomona Avenue, was presented together with the recommendation of the Plan- ning Commission for approval. After discussion it was moved by Councilman Rea, seconded by Councilman Pinkley, and carried, that the subdivision be approved as recommended. PERMITS Upon motion by Councilman Rea, seconded by Councilman Pinkley, and carried, permit was granted the U Drive Karts at 18535 South Main Street subject to the hours as listed on the application, and subject to receipt of an adequate insurance policy by the City Clerk or City Attorney. Upon motion by Councilman Pinkley, seconded by Councilman Smith, and carried, permit was granted to D & B Sales, Inc.; for a juke box at Morales Cafe, 1770 Newport Boulevard. Upon motion by Councilman Pinkley, seconded by Councilman Rea- and carried, the permit application of Southwest Distributing Service, Inc. for distribution of house to house of The Shopping News was deferred to the meeting of March 20, 1961, and the Police Chief and City Attorney directed to investigate the personnel making distribution, J-1 method of controlling hours and manner in which deliveries are made, and possibility of an anti -litter ordinance, and bring back a report. This concurred with the request of the Chamber of Commerce in their communication of February 16, 1961. Warrant Upon motion by Councilman Smith, seconded by Councilman Resolution 243 Pinkley, Warrant Resolution No. 243 including Payroll No. 163 was adopted by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Written The Clerk presented a communication from California Convoy Company, Box 321, Azusa, California, requesting certain changes in the Trailer Code of the City of Costa Mesa to permit use of a new cabana they are manufacturing. Mr. Rohhoing was present on behalf of this request and explained his cabana to the Council. After discussion the City Manager suggested that this matter be referred to the Building Official and City Manager for study and report back to the Council. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Wilson, and carried, that the request be referred to the Building Official and City Manager for their recommendations to be reported back to the Council on March 6, 1961. U.S. Conference of The Clerk presented an invitation from the United States Mayors Membership Conference of Mayors for membership by the City, dues to be $100.00 per year. After discussion it was moved by Councilman Smith, seconded by Councilman Wilson, that the City join°.the United States Conference of Mayors and the Director of Finance be authorized to draw a warrant in the amount of $100.00 for uses. RESOLUTION 819 Upon motion by Councilman Pinkley, seconded by Councilman State Master Rea, Resolution No. 819 being A RESOLUTION OF THE CITY .Agreement COUNCIL OF THE CITY OF COSTA MESA APPROVING MASTER AGREE - Highway Fund MENT FOR EXPEiVDITURES OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None City of Colton Upon motion by Councilman Smith, seconded by Councilman Invitation Pinkley, and carried, the invitation was received and ordered filed from the City of Colton for the open house of their new civic center from 3:00 to 5:00 February 23, 1961. Security Police A communication was read from George R. Whitney, Security Police regarding the $10.00 fee charged for fingerprinting and investigation of each private patrolman to be used in the City. After discussion it was moved by Councilman Smith, seconded by Councilman Wilson, and carried, that the communication be received and filed. A.B.C. Reports Upon motion by Councilman Wilson, seconded by Councilman Smith, and carried, the following reports of the Alcoholic Beverage Control were received and ordered filed: Person to person transfer on -sale beer and wine license for Ruby Kasold, for Hurry Bell, 2023 Harbor Boulevard; new off - sale beer and wine license from Douglas F. Bishop, for German and Italian delicatessen, 899 West 19th Street; person to person transfer on -sale beer for Emanuel E. and Lucy M. Morales, for Morales' Cafe, 1770 Newport Boulevard; new on -sale beer for Donald D. McCallum, Jr. and Bouchet M. Ward,for Miss Boo's at 1562 Newport Boulevard. Board of Upon motion by Councilman Wilson, seconded by Councilman Supervisors Rea, and carried, the Resolution of the Board of Supervisors Resolution dated February 7, 1961, regarding the report of the Orange County Coastal Transportation Committee was received and ordered filed. Proclamation - Upon motion by Councilman Smith, seconded by Councilman U.S. Frigate Wilson, and carried, the Mayor was authorized to sign a Constellation proclamation regarding the restoration and exhibiting of the U.S. Frigate Constellation. RESOLUTION 820 Councilman Wilson presented proposed Assembly Bill 127 Opposing Making amending the Brown Act making it more restrictive. After Brown Act More discussion it was moved by Councilman Wilson, seconded by Restrictive Councilman Rea, that Resolution No. 820 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA OPPOSING THE PROPOSED EXTENSION OF THE BROWN ACT BY AB 127 AS AN UN- NECESSARY, UNWARRANTED AND CRIPPLING RESTRICTION OF THE FUNCTIONING OF LOCAL LEGISLATIVE BODIES IN THE BEST INTER- EST OF THEIR MUNICIPALITIES be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley,Meyers NOES: Councilmen: None ABSENT: Councilmen: None CITY MANAGER'S The City Manager informed the Council that there was one REPORT parcel at the mouth of the Santa Ana Avenue Storm Drain that must be acquired through condemnation proceedings and requested that the City Attorney be instructed to RESOLUTION 821 commence the proceedings. After discussion it was moved Condemnation by Councilman Rea, seconded by Councilman Smith, that Santa Ana Avenue Resolution No. 821, being A RESOLUTION OF THE CITY COUNCIL Storm Drain OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING, DETERMINING AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THAT ACQUISITION OF A CERTAIN EASEMENT AND RIGHT OF WAY FOR DRAINAGE PURPOSES, AND AUTHORIZING ACQUISITION OF SAID EASEMENT AND RIGHT OF WAY BY CONDEMNATION, AND DIRECTING THE CITY ATTORNEY TO PROCEED WITH SUCH ACTION be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley,Meyers NOES: Councilmen: None ABSENT: Councilmen: N6ne Director of Thereupon it was moved by Councilman Pinkley,.seconded Finance to by Councilman Rea, and carried, that the Director of Finance Draw Warrant be authorized and instructed to draw a warrant for the amount shown in the affidavit of appraisal of James Leonard, Land Acquisition Service, upon receipt of said affidavit, not to exceed $3,000.00, and to deposit said amount'in Court. ADJOURNMENT Upon motion by Councilman Rea, seconded by Councilman Pinkley, and carried, the meeting adjourned at 11:05 p.m. A /Y Mayor of'ti y Costa Mesa ATTEST: City Clerk of the City of Costa Mesa Chief Deputy City Clerk _ 1 1