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HomeMy WebLinkAbout03/06/1961 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA March 6, 1961 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 o'clock p.m., March 6, 1961, at the City Hall, 695 West 19th Street, Costa Mesa. The meeting was called to order by the Mayor followed by the Pledge of Allegiance to the Flag and Invocation by Reverend Charles Dobbertin. 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 20, 1961 Pinkley, and carried, the minutes of the regular meeting of February 20, 1961, were approved as corrected, i.e. - Mayor Meyers requested that his vote on Variance No. 838, Harris, be recorded as an AYE vote, not as a NAY. OPENING OF BIDS The Mayor announced that this was the time and place set One Street Sweeper for the opening of bids for one ?Mayne Model 2-550 Street Sweeper. The Clerk -reported that four bids had been received. The bids were then publicly opened, read, and declared as follows: NAME AMOUNT The Conveyor Company (Mobil: Sweeper) 10,070.00 sales tax R. J. Lison Company $12,418.00 Dearth Machinery Company $12,545.00 - 7% discount $11,666.85 sales tax Brown -Bevis Industrial Equipment $12,827.00 sales tax Company Thereupon it was moved by Councilman Smith, seconded by Councilman Wilson, and carried, that the bids be referred to the Director of Public Works for check and report back at the next meeting on March 20, 1961. PUBLIC HEARING The Mayor announced that this was the time and place set Rezone 121 for the Public Hearing on Rezone Petition No. 121, for -Roven Milan Roven,5658 West 3rd -Street, Los Angeles 36, to rezone from Al, R4, and Ml to Cl property located at 670 and 720 Paularino Avenue. The Clerk reported that the affidavit of publication was on file in his office and no written communications had been received. He then read the recommendations of the Planning Commission for rezoning to Cl the property on the Northwest corner of Paularino Avenue and Bristol Street (Lot 108, Tentative Tract 3500) and -denial of the rezoning of the Northeasterly corner of Paularino Avenue and Bristol Street (Lot 109, Tentative Tract 3500) without prejudice provided that prior to action by the City Council an Agreement is on file with the City Clerk as prepared by the City Attorney and signed by the applicant outlining certain conditions. The Mayor then inquired if there were anyone present wish- ing to be heard. -No one desiring to speak, it was moved by Councilman Smith, seconded by Councilman Rea, and carried -that the public hearing be closed. Thereupon it was moved by Councilman Pinkley, seconded,by Councilman ORDINANCE 345 Rea, that Ordinance No. 345, being AN ORDINANCE OF THE First Reading CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF A PORTION OF LOTS 3 AND. 4 OF BLOCK "D" OF THE BERRY TRACT FROM A-1, AND R:�lE TO C-1, be given first reading and passed to second reading. The motion carried by the following roll call vote: AYES: Councilmen: Wilson Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING The Mayor announced that this was the time and place for Rezone No. 122 the Public Hearing on Rezone Petition No. 122 being the Initiated by petition of the Costa Mesa Planning Commission to rezone Planning from R4, Pl and C2 to C-lS property as described on the Commission petition and located in the general area between East 17th Street and Ogle Street and between Orange Avenue and Santa Ana Avenue. The Clerk reported that the notice of public hearing had been duly published and the affi- davit was on file in his office. He reported no written communications had been received. The Mayor then inquired if there were anyone present wishing to be heard. No one desiring to speak, it was moved by Councilman Smith, seconded by Councilman Wilson, and carried, that the Public Hearing be closed. Thereupon it was moved by Councilman Smith, seconded by Councilman Pinkley, that ORDINANCE 346 Ordinance No. 346, being AN ORDINANCE OF THE CITY COUNCIL First Reading OF THE CITY OF COSTA MESA CHANGING THE ZONING OF LOTS 1 THROUGH 10 OF TRACT NO. 590, AND LOTS 74, 83 AND 84 of NEWPORT HEIGHTS TRACT FROM R4, P1, AND C2 td C -1-S be given first reading and passed to second reading. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING The Mayor announced that this was the time and place set Setbacks Tract 4008 for the Public Hearing on Setback Lines for Tract No. 4008, Lincoln Savingsan_d Lincoln Savings and Loan Association, 630 West 6th Street, Loan Association Los Angeles. 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 communica- tions had been received. He then read the recommendation of the Planning Commission that an Ordinance be adopted for the following setbacks: Front Yard - a minimum 10 foot front yard setback from the property line. Rear Yard - A minimum 15 foot rear yard setback from the rear property line. The Council inquired as to how many of the lots would be using the 10 foot front yard setback. After discussion it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that this be tabled until later on the agenda to permit the applicant to be present. Later in the meeting this was again presented. The applicant had not yet arrived, but the Director of Planning reported that he had checked the plot plan for the tract and found that 17 of the 83 lots were _using the 10 foot setback minimum in front, which was approximately 20 per cent. Thereupon after further discussion it was moved by Councilman Pinkley, seconded by Councilman Rea, and carried, that the public hearing be closed. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Rea, that first reading be given ORDINANCE 349 to Ordinance No. 349 being ANT ORDINANCE OF THE CITY First Reading COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING BUILDING SETBACK LINES IN TRACT NO. 4008 IN THE CITY OF COSTA MESA. The motion carried by the following roll call vote: AYES: _Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None 1 1 1 P PUBLIC HEARING The Mayor announced that this was the time and place set Ordinance No. 344 for the Public Hearing on Ordinance No. 344, being AN Electrical Code ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA 2nd reading ADOPTING THE -ELECTRICAL CODE OF THE CITY OF COSTA MESA - 1961 EDITION. The Clerk reported that the notice had been duly published and the affidavit was on file in his office. The Mayor then 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. There- upon it was moved by Councilman Pinkley, seconded by. Councilman Rea that Ordinance No. 344 be given second read- ing and adopted. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley,-Meyers NOES: Councilmen: None ABSENT: Councilmen: None REPORTS (Councilmen Pinkley left the -chambers at this point). City Attorney The City Attorney reported that a right of way deed dated Kahre Deed July 31, 1951 from Martin H. and Virgie Kahre recorded in Book 4847, Page 384, on August 19, 1959, covering certain property for the Alley within Tract No. 612 contained a pro-: vision that the "City will remove the existing buildings located on the right of way at its own cost and expense." He reported that the Grantor wished to correct the provi- sion to read: "City will relocate the existing buildings located on the right of way at its own cost and expense." The City Attorney recommended that the correction be made. Thereupon it was moved by Councilman Smith, seconded by RESOLUTION 822 Councilman Rea that Resolution No. 822, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AUTHORIZING THE EXECUTION OF A CORRECTED DEED AND ACCEPTANCE OF THE SAME FROM MARTIN H. AND VIRGIE KARRE. The motion carried by the following roll call:vote: AYES: Councilmen: Wilson, Rea, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: Pinkley. Public Hearing Set The City Attorney informed the Council that a request had April 17, 1961 been received for a franchise in the -City of Costa Mesa Calif. Gas from the California Gas Transmission Company. He stated Transmission Co. that a public hearing would have to be set. Thereupon it Franchise was moved by Councilman Wilson, seconded by Councilman Smith, and carried, that public hearing for the franchise be set for 7:30 o'clock p.m. or as soon thereafter as possible in the Council Chambers of the City Hall, on April 17, 1961. Councilman Pinkley returned to the Council Chambers at this point. Martinez Deed The City Attorney reported that the City had started con- demnation proceedings for a parcel of land from Florencio Martinez for a 25 foot strip and a corner radius for Elden Avenue. The appraiser had appraised the value at $962.50 if Mr. Martinez had clear title to the property, which he did not. Therefore the Attorney stated that Mr. Martinez had agreed on one-half of the appraised value or $481.25, this amount being approximately what it would cost the City to -condemn the property. Thereupon it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the easement deed be accepted and ordered placed on record from Florencio Martinez and wife, and the payment of $481.25 authorized to Mr. and Mrs. Martinez. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Martin, Payment The City Attorney reported that sometime ago Mr. Joseph of Repair on Martin had damaged one of the City's electric signals, Traffic Signal which had been repaired at a cost of $608.00. He in- formed the Council that Mr. Martin did not carry insur- ance to cover the repair cost but requested permission to pay this amount to the City at $10.00 per week or $40.00 per month until the stun is paid. Thereupon it was moved by Councilman Smith, seconded by Councilman Pinkley, and carried, that the Director of Finance be instructed to accept monthly payments of $40.00 per month, to be paid by the 10th of each month, beginning with April, 1961, until the sum is paid in full, from Mr. Joseph Martin. S.A.I.D. The City Attorney reported that in the Santa Ana Avenue Toulouse -Garage Improvement District on Walnut Place at Raymond Avenue, Mr. Arlie Toulouse had an existing garage which would mean a curb .cut must be placed in the radius intersection, which the Staff did not feel safe, and therefore they recommended that the City give the gentleman a new garage, the one now existing can not be removed because it is attached to the house, and there is sufficient room for the new garage to be erected at the rear of the lot. The Attorney suggested that the City choose a builder to give an estimate of the cost of construction of a one car garage and pay Mr. Toulouse the amount of the estimate, this being agreeable 'with Mr. Toulouse. He then would take care of the building of the garage. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Rea, that the Staff be authorized to obtain an estimate from a building contractor for a one car garage and the Director of Finance authorized to pay the amount of said estimate to Mr. Toulouse for the replacement of his garage. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None S.B. 208 The City Attorney reported that Senate Bill 208 regarding the filing of suits directly on employees or officers without prior filing with the City was being considered. He recommended that the City protest this bill inasmuch as often times such suits can be straightened out before the employee is sued directly after sufficient informa- tion is acquired. Thereupon after discussion it was moved by Councilman Wilson, seconded by Councilman RESOLUTION 823 Pinkley, that Resolution No. 823 being A RESOLUTION OF THE CITY COUNCIL.OF THE CITY OF COSTA MESA OPPOSING SENATE BILL NO. 208 AS DEPRIVING PUBLIC OFFICERS AND EMPLOYEES OF DUE AND NECESSARY PROMPT NOTICE OF THE FILING OF CLAIMS. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None The Council requested that inasmuch as this was to be presented to the legislature this week that a phone call be made advising our legislators: of the protest and confirming with mailing of the resolution. ORDINANCE 347 The City Attorney presented a draft of a proposed Ordin- Distribution of ance on distribution of.handbills, etc. which the Council Handbills instructed him to prepare. It was moved by Councilman lst reading Pinkley, duly seconded and carried that this be read in full at this time to give consideration to first reading. `,L Thereupon the Clerk read the proposed ordinance in fall, section by section. After discussion it was moved by Councilman Pinkley, seconded by Councilman Rea, ordinance No. 347 being AN ORDINANCE OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING THE DISTRIBUTION OF HANDBILLS AND CERTAIN OTHER ADVERTISING MATTER be given first read- ing and passed to second reading. The motion carried by the following roll call vote: AYES: Councilmen: Rea, Pinkley, Meyers NOES: Councilmen: Wilson, Smith ABSENT: Councilmen: None Councilman Smith left the chambers at this point. City Engineer The City Engineer presented the final map of Tract No. Final Tr. 3723 3723 submitted in the name of K.W.K. for the subdivi- K.I.K. Inv. Co. sion of 9.02 acres into 42 lots located north of Gisler, west of Harbor, together with a certified check in the amount of $6,326.90, a bond in the amount of $54,700.00 and signed Agreement. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Rea that RESOLUTION 824 Resolution No. 824 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE MAP OF TRACT NO. 3723 AND ACCEPTING THE STREETS AND ALLEYS SHOWN THEREON FOR PUBLIC USE FOR HIGHG7AY PURPOSES AND AUTHORIZING THE CITY CLERK TO SIGN SAID MAP AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT, be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea; Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: Smith Final Tr. 3856 The City Engineer presented the final map of Tract No. Irving C. Jordan, etc. 3856 submitted in the name of Irving C. Jordan, etc. for the subdivision of 4.94 acres into 24 lots located on Lilac Lane and Santa Ana Avenue, together with a certified check in the amount of $2,436.11, a bond in the amount of $30,600.00 and signed Agreement. There- upon it was moved by Councilman Wilson, seconded by RESOLUTION 825 Councilman Pinkley that Resolution No. 825 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE MAP OF TRACT NO. 3856 AND ACCEPTING THE STREETS AND ALLEYS SHOWN THEREON FOR PUBLIC USE AND HIGHWAY PURPOSES AND AUTHORIZING THE CITY CLERK TO SIGN SAID MAP AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT, be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Milson, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: Smith Bond Exonerated The City Engineer reported that the improvements in Tr. 3529 Tract 3529 had been completed in accordance with plans and specifications 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 bond exonerated. The motion carried by the following roll call vote: AYES: Councilmen: -Wilson, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: Smith Refunds ,•feed The Clerk read communications of August Schwecheimer, "Abatement 2038 Wallace Avenue regarding charge of weed assessment of $7.50 on AP 115-345-31 and from Standard Oil Company of California regarding charge of freed assessment of $9.61 (59-6o) and $7.50 (6o-61) on AP 115-342-8o to- gether with the -recommendation of the Director of Finance to refund said amounts inasmuch as the contractor stated these amounts were in error. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Rea, that refunds of $7.50 be granted to August Schi-recheimer and 17.11 to Standard Oil Company of California. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Cb—dh6ilmen: Smith Councilman Smith returned to the chambers at this point. Departmental Upon motion by Councilman Wilson, seconded by Councilman Reports Rea, and carried, the monthly reports of Planning, Finance for 3 free permits, Building Safety, Civil. Defense, Fire, Street, were received and ordered filed. ORDINANCE 343 Upon motion by Councilman Smith, seconded by Councilman Stop Sign at 16th Rea, second reading was given and Ordinance No. 343 & Newport Blvd. being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 2nd Reading COSTA MESA AMENDING SECTION 3464 OF THE MUNICIPAL 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, and it was adopted by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers - NOES:; Councilmen: None ABSENT.:, Councilmen: None Variance 831 Variance No. 831 being the Variance of Park -Fairmont, Inc., Park-Fairmont,Inc. 119 Cabrillo Street,to permit construction of 6 units in addition to existing 20 units on 64,081 square feet of land area, making one unit per 2,4164 square feet of land area for property fronting on Wilson Street on the north and Congress Street on the south in the City, east of Placentia Avenue, was again presented, having been deferred from the meeting of February 20, to permit the applicant time to contact the adjoining property owners regarding a joint easement. The following spoke in pro- test of the variance: George Carpenter, J. D. Anderson, Mr. Randall. Milo Brandmyer spoke in favor of the Variance. Mr. Lilley stated that no agreement could be reached with the adjoining property owners on the easement. After a lengthy discussion it was moved by Councilman Wilson, seconded by Councilman Pinkley, that the variance be denied. The motion carried by the following roll call vote: AYES: Councilmen: Wilson;._Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None The Council'.nquired of the three adjacent property . owners present, who had protested, if they would meet with Mr. Lilley, the City Manager and Director of Plan- ning to see if some solution could be worked out in the area. All agreed they would be glad to meet. Variance 833 Variance application No. 833, being the application of Odd Fellow- Odd Fellows Rebekahs Temple Association, 280 Victoria Rebekahs Temple Street, to permit use of existing church facilities Association and R4 zoned property for a Lodge Hall, was again presented, having been deferred from the meeting of February 20, 1961, to permit the applicant to secure parking agreements from adjoining property owners. The Clerk read communications in favor from Mrs. Norman S. Moody, J. W. Durbin, Minister, Church of Christ. The Mayor inquired if there were anyone present to be heard: Mr. James L. Woods spore on behalf of the applicant, and informed the Council that he had verbal agreements for use of parking facilities from the Body Works and the Ranch Market. After a lengthy discussion it was moved by Councilman ,Nilson, seconded by Councilman Rea, that Variance 833 be approved subject to the recommendations 11 u 1 ORDINANCE NO. 1st Reading Amends Trailer Code of the Planning Commission, i.e., 1) That the occupancy shall not exceed three times the available usable off-street parking. 2) That no dances be allowed in the structure, with the following addi- tional conditions: 3) Subject to additional off- street parking agreements which are to be worked out with the City Attorney. 4) Black topping on the pro- perty of all parking, marked for commercial parking, under the direction of the Director of Planning. 348 The Clerk read the report of the Building Official dated March 3, 1961 on proposed changes in the Trailer Code as requested by the California Convoy Company, having been deferred from the meeting of February 20, 1961, to permit study of the requests. After discus- sion, said changes being satisfactory to the represen- tatives of the California Convoy Company, it was moved by Councilman Smith, seconded by Councilman Wilson, that first reading be given to Ordinance No. 348, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING THE UNIFORM TRAILER CODE OF THE CITY OF COSTA MESA. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley Meyers NOES: Councilmen: None ABSENT: Councilmen: None At this point the mayor declared a ten minute recess and the meeting reconvened at 9:50 p.m. Public Hearings Upon motion by Councilman Wilson, seconded by Councilman set March 20,1961 Pinkley, and carried, Public Hearings were set for March 20, 1961, at the hour of 7:30 o'clock p.m. or as soon thereafter as possible in the Council Chambers of the City Hall for,the following: 1. Rezone Petition 123, William N. Regan to rezone from R4 to R2 property located on the north side of 23rd Street, 198 feet westerly of the center line of Elden Avenue. 2. Rezone Petition 124, Initiated by the Planning Commission to rezone from C2 to Cl property in the area on the north side of East 17th Street, -:between_:-Orarige,and Santa Ana Avenues. 3. Rezone Petition No. 125, Rick and Farel Thustrom, 1825 Placentia Avenue, to rezone from Rl to Pl., property at 1825 Placentia Avenue. 4. Planning Commission Resolution No. 14, for a precise plan for the extension of Westminster Avenue from East 15th Street to Ogle Street. Rezone 128 Upon motion by Councilman Rea, seconded by Councilman Referred to Wilson, and carried, Rezone Petition No. 128, for Charles Plan—Comm. 'E... Jones, 493 East 17th Street to rezone from R4 to R2 property at 384'Avocado was referred to the Planning Commission for their recommendation. Right of Way Upon motion by Councilman Rea, seconded by Councilman Deeds Pinkley.the following -right of way deeds were accepted and ordered placed on record by the following -roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None DATE NAME FOR February 27, 1961 Edith Pearl Smith Camellia Lane February 21, 1961 Dike and Colegrove Harbor Boulevard �40 -LX09 Variance 819-A Variance application No. 819-A for Marie A. Bauman, Bauman 2346 Newport Boulevard to permit construction of 13 units on 19,669.47 square feet of land area at 423 West Bay Street, was presented, together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) That the applicant dedicate 5 feet to the City of Costa Mesa for the widening of existing Bay Street; 2) That residential sidewalks and concrete driveway approaches be installed by the applicant, at her expense, along Bay Street, Under the direction of the City Engineer; 3) That the off-street parking be at the ratio of two for one and that the spaces be in accordance with the City Parking Standards, under the direction of the Director of Planning. 4) That the building shall adhere to the plan and the perspective as submitted with the amended variance application. M-rs. Bauman was present and stated that she would build according to the plan submitted to the Planning Commission and dated February 27, 1961. 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 and the plot 1plot plan as dated February 27, 1961. Variance 842 Variance application No. 842, being the application of Patterson Van D. Patterson, 6615 Farm Dale, North Hollywood, to permit use of a maximum of 35 Horsepower to run Molding Injection Machines for the production of small novelty items at 234 Victoria Street, was presented together with the recommendation of the Planning Commission for approval subject to the requirements of the Building Safety Department and that parking be under the direc- tion of the Director of Planning. After discussion it was moved by Councilman Wilson, seconded by Councilman Pinkley, and carried that the Variance be approved subject to the recommendations of the Planning Commission. Variance 844 Variance application No. 844 being the application of Chapman Homes Chapman Homes, Inc., P.O. Box 102, Costa Mesa, to permit encroachment of 5 feet into required 15 foot side yard setback on Norse Street for the construction of 2 single family residences on the northwest corner of Norse Street and Santa Isabel 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 and concrete driveway approaches on Norse Avenue and Santa Isabel by the applicant, at his expense, under the direction of the City Engineer. The Clerk read letters of protest from Mrs. Ruth Franzen, and a petition bearing 7 signatures. The following spoke from the floor in protest: Mr. Gordon Hawkins; Mr. G. B. Christensen; Mrs. Christensen; Mrs. Armetta Boster. After discussion it was moved by Councilman Smith, seconded by Councilman Rea that the Variance be denied. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: _None' ABSENT: Councilmen: None MINUTE RESOLUTION Inasmuch as denial of the variance cancelled the bid Sale of Property the City had received for the property by Frank Downes at Norse Street & the following minute resolution was presented: Santa Isabel 1 1 1410 WHEREAS, the City of Costa Mesa did heretofore acquire the hereinafter described land, together with additional adjacent land, under the authority of Section 142 of Article I of the Constitution of the State of California for the purpose of widening Norse Street in said City, and WHEREAS, the land hereinafter described is in excess of land actually needed for public purposes, and WHEREAS, the City Council of the. City of Costa Mesa desires to sell the hereinafter described parcel of land pursuant to the authority of Section 193, et seq., of the Government Code of the State of California. NOW, THEREFORE, the City Council of the City of Costa Mesa does hereby resolve as follows: SECTION 1. The City Council of the City of Costa Mesa does hereby find that the following described parcel of real property is in excess of the land actually needed or used for public purposes, and that the best interests require its sale. Said real property is described as that certain real property situated in the City of Costa Mesa, County of Orange, State of California, more particularly described as follows, to wit: SECTION 2. The City Clerk is hereby directed to give notice of sale as required by law and setting the time of sale for April 17, 1961. SECTION 3• The aforesaid -real property shall be sold in fee, subject to the following reservations: (a) That the property be restricted to one single family dwelling. (b) That there shall be a sixty foot front yard building setback (measured from the centerline of Santa Isabel Avenue). (c) ::That said parcel is a nonconforming parcel, being a corner lot only 40 feet in width. Upon motion by Councilman Smith, seconded by Councilman Pinkley, the foregoing minute resolution was passed by the following roll call vote, to wit: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None .'.ABSENT: Councilmen: None Variance 845 Variance application No. 845, being the application of Buccola George D. Buccola, 3700 Newport Boulevard, Newport Beach, to permit construction of 20 units on 39,600 square feet of land area (1980 square feet per unit) on an R4 zoned lot located on the south side of East 18th Street, 157 The Southeasterly 80 feet of the Northwesterly 330 feet of the Southwesterly 155 feet of Lot 111, Tract No. 300, as shown on a map thereof, recorded in Book 14, Page 11, Miscellaneous Maps and Records of Orange County, California; EXCEPTING THEREFROM the Southeasterly 40 feet dedicated for the opening of Norse Avenue; ALSO EXCEPTING THERE- FROM the Southwesterly 5 feet dedicated for widening of Santa Isabel Avenue; ALSO EXCEPTING THEREFROM that portion lying Southerly of a curve line of 20 foot radius, concave Northerly and tangent to the Northwesterly line of Norse Avenue, and tangent to the Northeasterly line of Santa Isabel Avenue; all exceptions as recorded in Book 5510, Page 376, Official Records of Orange County, California. SECTION 2. The City Clerk is hereby directed to give notice of sale as required by law and setting the time of sale for April 17, 1961. SECTION 3• The aforesaid -real property shall be sold in fee, subject to the following reservations: (a) That the property be restricted to one single family dwelling. (b) That there shall be a sixty foot front yard building setback (measured from the centerline of Santa Isabel Avenue). (c) ::That said parcel is a nonconforming parcel, being a corner lot only 40 feet in width. Upon motion by Councilman Smith, seconded by Councilman Pinkley, the foregoing minute resolution was passed by the following roll call vote, to wit: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None .'.ABSENT: Councilmen: None Variance 845 Variance application No. 845, being the application of Buccola George D. Buccola, 3700 Newport Boulevard, Newport Beach, to permit construction of 20 units on 39,600 square feet of land area (1980 square feet per unit) on an R4 zoned lot located on the south side of East 18th Street, 157 feet easterly of the center line of Westminster Avenue, was presented, together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) Installation of residential sidewalks and concrete driveway approaches on East 18th Street by the applicant, at his expense, under the direction of the City Engineer; 2) Two for one off-street parking ratio under the direction of the Director of Planning. Mr. Bill Munce was present on behalf of the applicant. After discussion it was moved by Councilman Wilson, seconded by Council- man Rea, and carried, that the application be approved subject to the recommendations of the Planning Commission. Variance 846 Variance application No. 846, being the application of Bishop Douglas F. Bishop, 7+29 East 3rd Street, Downey, to permit a 9 foot 8 inch encroachment into required 25 foot rear yard setback-fbr the construction of a com- mercial building at the southeast corner of 19th Street and Monrovia Avenue, was presented together with the ' recommendation of the Planning Commission for approval subject to the following conditions: 1) Dedication of 10 feet to the City of Costa Mesa for the proposed widen- ing of West 19th Street and the corner spandrel; 2) Off- street parking under the direction of the Director of Planning; 3) Installation of commercial sidewalks on West 19th Street and Monrovia Avenue by the applicant, at his expense, when approved by and under the direction of the City Engineer. After discussion it was moved by Councilman Smith, seconded by Councilman Rea, and carried, that the variance be approved subject to the recommenda- tions of the Planning Commission. Variance 847 Variance application No. 847 being the application of Uyesugi' Ken and Ruby Uyesugi, 1676 Santa Ana Avenue to permit encroachment of 15 feet into required 25 foot -rear yard setback for construction of residence at the south side of 16th Place, approximately 631 feet westerly of the center line of Tustin Avenue, was presented, together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) Installation of residential sidewalks and concrete drivewayrapproaches on 16th Place, by the applicant, at his expense, under the direction of the City Engineer. 2) Two for one off- street parking under the direction of the Director of Planning. Aiter discussion it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the application be approved subject to the recommenda- tions of the Planning Commission. Variance 848 Variance application_ No. 848, being the application of Stevens James Stevens, 985 Victoria Street, to permit use of R4 property for the operation of a 20 bed nursing home at 985 Victoria, was presented together with the recom- mendation of the Planning Commission for approval subject to the following conditions: 1) Dedication of all land 30 feet from the center line of existing West Victoria Street to the City of Costa Mesa for the widening of this street; 2) Installation of curbs, gutters, base, pavement and residential sidewalks and concrete drive- way approaches by the applicant, at his expense, under the direction of the City Engineer, on the south one- half of Victoria Street. 3) Installation of a block wall fence 6 feet in height along the easterly property line of this property fora total length of 317.5 feet. 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. 1 i 1 Variance 849 Variance application No. 849.being the application of Foster Hollis A. Foster, 1931 Anaheim Avenue to permit encroach- ment of 10 feet into 25 foot required rear year setback 'for an additional residence at 1935 Anaheim Avenue, was presented, together with -the recommendation of the Planning Commission for approval subject to the follow- ing conditions: 1) Installation of residential side- walks and concrete driveway approaches on Anaheim by.the applicant, at his expense, under the direction of the City Engineer; 2) A ratio of two for one off-street parking under the direction of the Director of Planning.- After discussion it was moved by Councilman Wilson, seconded by Councilman Smith and carried, that the application be approved subject to the recommendations of the Planning Commission. Variance 850 Variance applicat=ion No. 850, being the application of Peterson Marvin L. Peterson, 141 East 16th Street, Costa Mesa, to permit encroachment of 21 feet into required 25 foot rear yard setback for two additional commercial build- ings in a C2 zone.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 5 feet for the proposed widening of 16th Street; 2) That the off-street parking be under the direction of the Director of Planning and that the proposed and existing parking area be asphalted by the applicant, at his.expense. 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. Variance.851 Variance application No. 851, being the application of Bagley Donald E. Bagley, 337 Westbrook Place, Costa Mesa, to permit a 5 foot encroachment into 50 foot required front yard setback from center line of street for a bedroom and den addition,_at 337 Westbrook Place, was - presented 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 variance be approved. Variance 852 Variance application No. 852, being the application of Tillesen Verne R. Tillesen-, 2280 Newport Boulevard, to permit encroachment of 14 -feet 6 inches into 25 foot required rear yard for a residence on the south side of Magnolia, 345 feet easterly of the center line.of Santa Ana Avenue was presented together with the recommendation of the Planning Commission for approval subject to.the follow- ing 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 all land 30 feet from the center line of existing Magnolia Street; 3) Installation of residential sidewalks and concrete driveway approaches -on Magnolia 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.` Variance .853 _ Variance application No. 853, -being the application of Armonda . .Julie M. Armonda;__-414 Orchid, Corona -del Mar, to permit construction of two additional units over a 4 car garage making a total of 3 units on 8,25+.20 square feet of land area at 241 Palmer was presented together with no recommendation from the Planning Commission. Mrs. 12, Armonda's.representative was present. The Council asked if there was a deed restriction on the property for R1 use. The Clerk read a protest from Fannie and Herman Price. After discussion it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the application be deferred to March 20, 1961 to permit the.applicant to check to see if there is a deed restriction on the lot. Variance 854 Variance application No. 854, being the application of Johnson Thomas W. Johnson, 904 West 19th Street to permit con- tinued use of operation of a dark room in garage to permit transacting of a business of processing motion picture film to do a mail order business of home movies at 904 West 19th Street was presented together with the recommendation of the Planning Commission,for approval subject to the following -conditions: 1) for a period of three years; 2) Dedication to the City of Costa Mesa of all land 40 feet from the center line of existing West 19th Street for proposed widening of this street; 3) No retail sales, mail order only; 4) No employees; 5) no signs; 6) Approval of the Fire Department. After discussion it was moved by Councilman Smith, seconded by Councilman Rea, and carried, that the variance be approved subject to the recommendations of the Planning Commission. Subdivision 352 Subdivision application No. 352, being the application The First Baptist of The First Baptist Church, 301 Magnolia Street, to Church divide Lot 6, Tract 505 into 2 parcels by adding 5 feet to Lot 7, Tract 505 from Lot.6 was presented together with the recommendation of the Planning Commission for approval subject to the following conditions:' 1.) That the 5 foot parcel taken from Parcel A be made an..integral part of Parcel B. 2) That all land 30 feet from the center line of existing Magnolia Street be dedicated to the City of Costa Mesa for the widening of Magnolia Street. After discussion it was moved by Councilman Wilson, seconded by Councilman Pinkley, and carried, that the subdivision be approved subject to the recom- mendations of the Planning Commission. PERMILTS Upon motion by Councilman Smith, seconded by Councilman Pinkley, and carried, permit was granted to Mary.Glen Davidson for "Molly Glen's Showcase", 44o -B East 17th Street for art and antiques, subject to no outdoor display. Upon motion by Councilman Wilson, seconded by Council- man Smith, and carried, with Councilman Pinkley voting noe, permit was granted to Foster and Kleiser for 6 panels to replace structures removed in the City as outlined in their communication dated March 6,.1961. A communication was read -from Kelly L. Williams request- ing permission to park a house trailer in an aunt and uncles back yard at 2121 President Place, where they will have access to the indoor bathroom and kitchen through an outside entrance. The Attorney informed the Council that the Trailer Code provides for a use permit but that this must be started with the Planning Commission. After discussion it was moved by Councilman Wilson, seconded by Councilman Pinkley, and carried, that inasmuch as the applicant had proceeded by directions received in -the City_ Hall, this request would be referred to the Director of Planning for his check as to sanitary facilities, location, etc., and report back at the next Council meeting on March 20, but that all future requests would have to have prior consideration of the Planning Commission. Upon motion by Councilman Rea, seconded by Councilman Wilson, and carried, permit was granted to D & B Sales for 1 juke box and 3 skill games at Georges Beer Parlor, 2001 Harbor Boulevard. A communication was read from Paul A. Hanna Attorney for St.. John the.Divine Episcopal Church requesting permis- sion to erect directional signs on the north side of - 19th Street at Orange Avenue, on the west side of Newport: Boulevard at Bay Street, and on the west side of Irvine Avenue at Twentieth Street. After discussion it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the signs be approved subject to the final approval of the Street Foreman for type and exact location. Upon motion by Councilman Smith, seconded by Councilman Rea, and carried, permit was granted to the Orange Coast YMCA for youngsters to sell Y Camp Candy to aid them in earning part of their funds for Y Sumner Camp from May 10 through June 10. Upon motion by Councilman Pinkley, seconded by Councilman Smith, and carried, permit was granted to Costa Mesa - Newport Harbor Lions Club to hold its annual Fish Fry and Carnivalatthe Costa Mesa Park and on Park Avenue adjacent thereto from June 1 to June 5 as outlined in their letter of February 23, 1961. The Clerk read a communication from Franklin Picher and Myron Van Ells requesting changing of hours on their U-Drive-Kartpermit at 18601 South Main Street, Costa Mesa, to 9:30 A.M. to 1:30 A.M. daily. Mr. Picher was present on behalf -of his application. The Attorney informed Mr. Picher of the curfew hours;for,minors in the City and Mr. Picher said he would post this at the place of busi- ness. After further discussion, it was moved by Council- man Smith, seconded by Councilman Rea, and carried, that the new hours as requested be approved. Upon motion by Councilman Rea,.seconded by Councilman Wilson, and carried,.permit was granted to Orange County. Voiture 527, 40 & 8 for Gene Holter's Wild Animal Show and ticket sales, on May 7, 1961, 2 performances, as per the requirements for fees as listed on the application. W.R. 244 Upon motion by Councilman Smith, seconded by Councilman Rea Warrant Resolution 244 including Payroll No. 164 was adopted by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: .None W. 1j. 245 Upon motion by Councilman Rea, seconded by Councilman Pinkley, Warrant Resolution No. 245 was adopted by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None - ABSENT: Councilmen: None Written Upon motion by Councilman Rea, seconded by Councilman Communications Pinkley, and carried, Fred Davenport, Poundmaster was :'Poundmaster to authorized to attend a Conference on Rabies Control at attend Confer- the Orange County Health Department, 8th and North Ross ence Streets on Wednesday evening, March 22, 1961, from 7:00 to 10:00 P.M. Arbor Day- A communication was read from John Melton, Chairman of City March_? :_ -'-Beautification Committee of the Chamber of Commerce request- ing the Mayor to proclaim March 7 as Arbor Day in com- memoration of Luther Burbank's birthday, Thereupon it d was moved by Councilman Smith, seconded by Councilman Rea, and carried, that the Mayor proclaim March 7 as Arbor Day in Costa Mesa. Variance 667 A communication was read from J. D. Ray, requesting permission Ray to post A_bond:or install a grape stake fence instead of the block wall fence which was one of the conditions of Variance No. 667. Mr. Ray's representative was present and informed the Council that they also owned the property that would be on the other side of the fence, therefore they were splitting their own property. After discussion it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the applicant of Variance No. 667 be permitted to post a surety bond or a personal under- taking bond in lieu of requirement No. 2 - installation of a block wall fence along the westerly line of the park- ing lot and along the northerly property line of the parking lot. Waltze to The Clerk read the communication of Mrs. Leroy Waltze, City Attorney 140 East 20th Street regarding a recent newspaper article on the repairing of vehicles in private yards and public streets, requesting the Council permit youths to work on their own cars in their own yards. The City Attorney informed the Council that the newspaper article had been in error and the City Code does permit working on private vehicles on private property, and offered to write Mrs. Waltze and explain. Thereupon it was moved by Councilman Rea, seconded by Councilman Wilson, and carried, the communication was referred to the City Attorney for answer. Upon motion by Councilman Wilson, seconded by Councilman Rea, and carried, communications received from James B. Utt on City Resolution 818; Bruce Stunner, Richard T. Hanna, J. A. Murdy, Jr. on City Resolution 817; Richard T. Hanna, Bruce Sumner, John A. Murdy, Jr. on City Resolution 820, were ordered received and filed. A.B.C. Upon motion by Councilman Rea, seconded by Councilman Bodman et al Smith the City Attorney was instructed to protest the Protested new on -sale beer license of Vivian Bodman, Mary Lou Von Hemert, Louis J. Wallow, for "Jack's" at 771 Baker Street on improper zoning, and ordered the following notifications filed: Double transfer of off -sale general for Plavon Liquor, Inc., for Garden Square Liquor, 1520 Baker Street; person to person transfer of on -sale beer license for Barbara G. and Richard D. Roberts for "The Spotted Kiwi" at 820 West l9th Street; Person to Person transfer of on -sale general license for Shirley A. Jacobberger for "The Three Wheels" at 1830 Newport Boulevard; New off -sale beer and wine license for Jack T. Feeny, "Hub Delicatessen" at 166+ Newport Boulevard. City Manager"s The City Manager presented the preliminary drawings for Report the proposed Fire Station Headquarters Building on Adams Adams Fire Stn. Street, and requested the Council to authorize the Architect Fees immediate payment to the architect for the preliminary drawings. Thereupon it was moved by Councilman Rea, seconded by Councilman Pinkley that the Director of Finance be authorized to make immediate payment of $1,400.00 to Willard Jordan, Architect, for the pre- liminary drawings of the Fire Station, as outlined in the contract. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None 1 LJ 1 Advertise for The City Manager requested the Council to authorize for the Bids for one advertising'of bids for one 1250 gallon per minute Fire Fire Engine Engine Pumper to be opened on April 17, 1961. Thereupon Pumper it was moved by Councilman Pinkley, seconded by Councilman Wilson, and carried, that the City Manager be instructed to advertise for bids for one 1250 Gallon Per Minute Fire Engine Pumper to be opened on April 17, 1961, at the hour of 7:30 o'clock p.m. or as soon thereafter as possible in the Council Chambers of the City Hall. City Manager's The City Manager requested permission to leave the City on Vacation his vacation during.the month of April. It was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the City Manager be given permission to leave the City on his vacation in April. ADJOURNMENT Upon motion by Councilman Wilson, seconded by Councilman Rea, and carried, the meeting adjourned at 11:28 p.m. ATTEST: City Clerk of the Cit of Costa Mesa Chief Deputy City Clerk Mayor of the Ci of Costa Mesa