Loading...
HomeMy WebLinkAbout03/20/1961 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA March 20, 1961 The City Council of the City of Costa Mesa, California, met in regular session at 7:30'o`clock p.m., March 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 Reverend M. C. Cronic. 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 Smith, seconded by Councilman March 6, 1961 Rea, and carried, the minutes of the regular meeting of March 6, 1961, were approved as written and previously distributed. RESOLUTION -826 :It was moved by Councilman Pinkley, seconded by Councilman William Beeler Rea, that Resolution No. 826, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA IN RECOGNITION AND APPRECIATION OF THE SERVICE OF WILLIAM BEELER TO THE CITY OF COSTA MESA, be adopted and forwarded to Mrs. Beeler and family. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None PUBLIC HEARING ABSENT: Councilmen: None The Mayor announced that this was the time and place Plan. Comm. Res.14 set for the Public Hearing on Planning Commission Precise plan for Resolution No. 14 for a Precise Plan for the extension Westminster Ave. of Westminster Avenue from East 15th Street to Ogle Street. The Clerk reported that the notice of public hearing had been duly published and the affidavit was on file in his office. He read the recommendation of the Planning Commission for approval of the Precise Plan as shown on the map attached to and made a part of their resolution. He reported no written communica- tions had been received. Thereupon the Mayor inquired if there were anyone present wishing to be heard. No one desiring to be heard it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the public hearing be closed. Thereupon it was moved by Councilman Rea, seconded by Councilman Wilson that RESOLUTION 827 Resolution No. 827 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ADOPTING A PRECISE PLAN FOR THE EXTENSION OF WESTMINSTER AVENUE FROM EAST 15TH STREET TO OGLE STREET IN THE CITY OF COSTA MESA, be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABEENT: Councilmen: None PUBLIC HEARING The Mayor announced that this was the time and place set Rezone Petition 123 for the Public Hearing on Rezone Petition No.12 3 for Reagan William N. Reagan, Sr., 11620 Acama, North Hollywood, to rezone from RSI- to R2 property described as the north- westerly 132 feet of Lots 19 and 20 of Tract 300 located on the north side of 23rd Street, 198 feet westerly of the center line of Elden Avenue. The Clerk reported that the notice of public hearing had been duly pub- lished and the affidavit was on file in his office. He read the recommendation of the Planning Commission 1 1 ORDINANCE NO. 350 1st reading PUBLIC HEARING Rezone No. 124 Initiated by Plan. Comm. ORDINANCE N0. 351 lst -reading for approval provided that prior to the City Council action, there shall be on file with the City Clerk the following: 1) An agreement for a deed restriction pro- viding a maximum of one unit for each 1500 square feet of land area and two unable off-street parking spaces for each unit constructed -.in accordance with the standards of the City of Costa Mesa. 2) An agreement for the instal- lation of residential sidewalks and concrete driveway approaches by the applicant, at his expense, under the direction of the City Engineer. The clerk reported both agreements had -been received and no other written com- munications had been received. Thereupon the Mayor .inquired if there were anyone present wishing to be heard on the petition. No one desiring to be heard it was moved by Councilman Smith, -seconded by Councilman Wilson, and carried, that the public hearing be closed. There- upon it was moved by Councilman Pinkley, seconded by Councilman Wilson., that first reading be given to Ordinance No.. 350, being, AN -ORDINANCE OF THE -CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF THE NORTHWESTERLY 132 FEET.OF LOTS 19 AND 20, TRACT NO. 300, FROM R-4 to ;R-2. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None The Mayor announced that this was the time and place set for the Public Hearing on Rezone Petition No.. 124 being the petition initiated by the Costa Mesa Planning Com- mission to rezone -from C2 to C1 property described as all of Lots 93 and 94, Newport Heights Tract located in the general area -on the northerly side of East 17th Street, between Orange Avenue and Santa Ana Avenue. The Clerk' reported that the notice of public hearing had been duly published and the affidavit - was on file in his office. He read the recommendation of the Planning Commission for approval. He reported no written communications had been received. Thereupon the Mayor inquired if there were any- one present wishing to be heard. No one desiring to speak it was moved by Councilman Pinkley, seconded by Councilman Rea, and carried, that the public hearing be closed. Thereupon'it was moved by Councilman Rea, seconded by Councilman Pinkley that first reading be given to Ordinance No. 351, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF LOTS 93 AND 94, NEWPORT HEIGHTS TRACT FROM C2 to Cl. The motion carried by the following roll call vote,- AYES: ote:AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES Councilmen: None. ABSENT: Councilmen: None PUBLIC HEARING The Mayor announced that this eras the time and place set :•.Rezone".Petition 125 for the Public Hearing on Rezone Petition No. 125 being Thunstrom the petition of Rick and Farel Thunstrom, 1825 Placentia Avenue, to rezone from Rl to Pl-a portion of Lot 803, Newport Mesa Tract, located at 1825 Placentia Avenue. The Clerk read the recommendation of the Planning Commission fo-r'approval provided that prior to City Council action, thereshall be on file with the City Clerk an Agreement for a deed restriction providing a maximum of one unit for each 1500 square feet of land area and two usable off-street parking spaces for each unit constructed in accordance with the standards of the City of Costa Mesa. He reported the agreement had been -received and no written communications had been received. -The Mayor then inquired if there -were anyone present — - wishing to be heard.. No one desiring to be heard it was moved by Councilman Wilson. -seconded by Councilman Pinkley, Sullivan Agreement The City Attorney recommended that the agreement in the amount of $28.00 and right of way deed from Bessie L. Sullivan be accepted. Thereupon it was moved by Council- man Pinkley, seconded by Councilman Rea that the City Clerk be authorized to execute an agreement for Bessie L. Sullivan in the sum of $28.00, and accept the right of way deed and order it placed on record. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Smith Agreement The City Attorney informed the Council that an agree- and carried, that the public hearing be closed. After discussion it was moved by Councilman Wilson, seconded by Councilman Smith that first reading be given to ORDINANCE NO. 352 Ordinance No. 352, being AN ORDINANCE OF THE CITY -COUNCIL lst reading OF THE CITY OF COSTA MESA CHANGING THE ZONING OF A PORTION OF LOT 803, NEWPORT MESA TRACT, FROM R-1 TO P-1. The motion carried.by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None REPORTS The City Attorney informed the Council that through City Attorney condemnation procedures in Court for rights: -of -way. in S.A.A.I.D. the Santa Ana Improvement District that he would recom- Young Agreement mend the execution of an agreement with Sidney and become part of H. M. Young for the sum of $28.00 and accept the right Orange County of way deed. Thereupon it was moved by Councilman Rea, Water Dist. seconded by Councilman Wilson that the City Clerk be authorized to execute an agreement for Sidney and H. M. Young in the sum of $28.00, and accept the right of way deed and order it placed on record. The motion carried by the follovi.ng roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Sullivan Agreement The City Attorney recommended that the agreement in the amount of $28.00 and right of way deed from Bessie L. Sullivan be accepted. Thereupon it was moved by Council- man Pinkley, seconded by Councilman Rea that the City Clerk be authorized to execute an agreement for Bessie L. Sullivan in the sum of $28.00, and accept the right of way deed and order it placed on record. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Smith Agreement The City Attorney informed the Council that an agree- C 1 ment had been reached with Edith Pearl Smith for the completion of Camellia Lane at Orange Avenue at the appraised value of $700.00 and recommended the accept- ance of the agreement. Thereupon it was moved by Councilman Rea, seconded by Councilman Wilson that the City Clerk be authorized to execute the agreement for Edith Pearl Smith in the amount of $700.00. The motion carried by the following roll call vote; AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTION 828 The City Attorney informed the Council that the Costa Mesa Costa Mesa Water County Water District recommended that the entire district District to all be made a part of the Orange County Water District so become part of that all portions of the City would have an ample Orange County supply of emergency water. Mr. Pinkley stated that Water Dist. the District felt that all citizens should have this water supply available to them and certain portions of the City could not be served with water of the Orange County Water District because they were not in the District. After discussion it was moved by Councilman Pinkley, seconded by Councilman Wilson, that Resolution No. 828 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA URGING THE INCLUSION OF THE ENTIRE COSTA MESA COUNTY WATER DISTRICT 19ITHIN THE BOUNDARIES OF THE ORANGE COUNTY WATER DISTRICT be adopted and C 1 copies forwarded to Senator Murdy and Representative Sumner. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None City Engineer The City Engineer presented Final Tract Map No. 3721 for Final Tract 3721 Arthur M. Rambo to divide 9.29 acres into 11 lots, located Rambo on the south side of Baker, west of Bristol Street, to- Sweeper to Dearth gether with a certified check in the amount of $3,962.25, Machinery Company bond in the amount of $31,200.00 and signed Agreement. Thereupon it was moved by Councilman Pinkley, seconded RESOLUTION 829 by Councilman Rea, that Resolution No. 829 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE MAP OF TRACT NO. 3721 AND ACCEPTING THE STREETS AND ALLEYS SHOWN THEREON FOR PUBLIC USE FOR HIGHWAY PURPOSES AND AUTHORIZING THE CITY CLERK TO SIGN SAID MAP AND AUTHORIZING TFL MAYOR AND CITY CLERK TO SIGN THE AGREEMENT, be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, City Manager to Meyers Check on Street NOES: Councilmen: None Sweeper Bids in ABSENT: Councilmen: None Tracts 3363,3115 The City Engineer informed the Council that the improve - Bonds Exonerated ments in Tracts3363 and 3115 had been completed and recommended that the bonds be exonerated. Thereupon it was moved by Councilman Rea, seconded by Councilman Wilson, and carried, that the improvements in Tracts 3363 and 3115 be accepted and ordered the bonds exonerated. Director of The Director of Public Works reported that the bids for Public Works One -Wayne Model 2-550 Street Sweeper had been checked. Bid on Street and that the bid of Dearth Machinery Company, in the Sweeper to Dearth amount of $11,666.85 plus sales tax, was the lowest Machinery Company regular bid submitted for said sweeper and therefore recommended that the bid be awarded to Dearth Machinery Company. After discussion it was moved by Councilman Pinkley, seconded by Councilman Rea that the bid be awarded to Dearth Machinery Company in the amount of $11,666.85 plus sales tax. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None City Manager to Councilman Smith reported.that he had received communi- Check on Street cations on various other bids from the same company and Sweeper Bids in requested these be checked upon by the City Manager, Other Cities and turned the material over to the City Manager. There- upon it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the City Manager check out the material from Councilman Smith and report back to the Council as soon as possible. Fairview Road- The Director of Public Works reported that sometime ago Newport Blvd the Council had requested investigation by the State Traffic Signal Department of Highways on traffic conditions on south bound Newport Boulevard and its intersection with Fairview Road. He reported that the State will pay one-half of the cost of the traffic signal at Fairview Road and Newport Boulevard and the City's Cost would be 6,000.00. He reported that the State would not install lighting, but that upon investigation found that lights could be fastened to the existing wooden poles and that the cost would be approximately 1,300.00 per year for energy. •'# After discussion it was moved by Councilman Smith, seconded by Councilman Rea, that $6,000.00 be taken from the Gas Tax Fund for the cost of the City's portion of the traffic signal at Fairview Road and Newport Boulevard. The motion carried by the folloiring roll call vote: AYES: Councilmen: Wilson, Rea, Smith Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Newport Blvd. Upon motion by Councilman Rea, seconded by Councilman (south -bound) Wilson, the Director of Public Works was authorized Lighting from to have installed additional lighting as needed on 19th to Bristol south bound Newport Boulevard from 19th to Bristol,_ the money to be taken from Traffic Safety Fund. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Santa Ana -Delhi The Director of Public Works reported that the Orange Channel and County Flood Control District had submitted their Santa Ana Gardens proposed plans for the Santa Ana -Delhi Channel and the Channel Plans Santa Ana Gardens Channel, both which are partly in the Approved City of Costa Mesa, and upon checking he had found them in accord with the City's plans and recommended that they be approved and signed by the City. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Wilson, and carried that the plans be approved as sub- mitted and authorized the signing of the plans on behalf of the City. Departmental Upon motion by Councilman Pinkley, seconded by Councilman Reports Rea, and carried, the following departmental reports were received and ordered filed: Finance, City Treasurer, Police, Poundmaster. ORDINANCE N0. 345 The City Clerk presented Ordinance No. 311-5, being AN 2nd reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA deferred to CHANGING THE ZONING OF A PORTION OF LOTS 3 AND 4 OF BLOCK April 3, 1961 - "D" OF THE BERRY TRACT FROM A-1 AND R-VTO C-1 for second Rezone 121 reading reporting that the required agreement had not yet Rove.n been received. Thereupon it was moved by Councilman Rea, seconded -by Councilman'Wilson, and carried, that second reading be deferred to April 3, 1961. ORDINANCE NO. 346 Upon motion by Councilman Smith, seconded by Councilman 2nd reading Pinkley, second reading was given and Ordinance No. 346, Rezone 122 being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Init. by Plan. COSTA MESA CHANGING THE ZONING OF LOTS 1 THROUGH 10 OF Comm. TRACT NO. 590 AND LOTS 74, 83 AND 84 OF NEWPORT HEIGHTS TRACT FROM R--4, P-1 and C-2 TO C -1-S adopted by the following -roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE NO. 347 The City Clerk presented Ordinance No. 347 being AN 2nd reading ORDINANCE OF THE CITY OF COSTA MESA, CALIFORNIA, Distribution of PROHIBITING THE DISTRIBUTION OF HANDBILLS AND CERTAIN Handbills, etc. OTHER ADVERTSING MINTER, for second reading. Councilman Smith questioned the urgency of the ordinance, and cer- tain other points, as did Councilman Wilson. After a lengthy discussion it was moved by Councilman Pinkley, seconded by Councilman Rea, that Ordinance No. 347 be given second reading and be adopted with the clarifica- tion of Section 6804, i.e. •- adding to the end of paragraph No. 1 of Section 680- ......... public places 1 1 1 P •. within the City, such as by attachment to the door or door knob or by placing under mat, sliding under door or under any object sufficient to prevent it from being blown array. The motion carried by the folloiri.ng roll call vote: AYES: Councilmen: Rea, Pinkley, Meyers NOES: Councilmen: Wilson, Smith ABSENT: Councilmen: None ORDINANCE NO. 353 Thereupon Councilman Pinkley presented an amendment to lst -reading Section 6802 of Ordinance No. 347 -- add to end of Amendment to Section 6802 --.of any automobile or other vehicle, or to Handbills, etc. placing said matter under the windshield wiper of the vehicle whether the vehicle is occupied or not. Upon motion by Councilman Pinkley, seconded by Councilman Rea, Ordinance No. 353, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTION 6802 OF ARTICLE 8 OF CHAPTER VI OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA REGULATING THE PLACING OF HANDBILLS IN OR UPON VEHICLES was given first reading and passed to second reading by the following roll call vote: AYES: Councilmen: Rea, Pinkley, Meyers NOES: Councilmen: Wilson, Smith ABSENT: Councilmen: None ORDINANCE NO. 349 Upon motion by Councilman Rea, seconded by Councilman 2nd reading Pinkley, second reading was given to Ordinance No. 349 Setbacks Tr. 4008 being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING BUILDING SETBACK LINES IN TRACT N0. 4008 IN THE CITY OF COSTA MESA, and Ordinance No. 349 was adopted by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Variance 853 Variance application No. 853 for Julie Armonda was again Armonda presented having been deferred from the meeting of March 6, 1961 to permit the applicant to check her deed for certain restrictions. The Clerk informed the Council that he had been notified by the Callison Company that there is a deed restriction on the property to prohibit building until 1965. Thereupon it was moved by Councilman Wilson, seconded by Councilman Rea and carried that the variance be denied. Permit for House The Clerk presented the request of Kelly L. Williams to Trailer in Residen- permit placing a house trailer in the rear of his uncles tial area -Williams residence at 2121 President Place for living purposes together with the recommendation of the Director of Planning for approval subject to the following conditions: 1) That all sanitary and utility facilities be installed in accordance with the Municipal Code. 2) That the permit be limited to a period of one year. 3) That the applicant adhere to the setback as shown on the sketch made a part of the request. 4) That the applicant provide a statement of approval signed by all adjoining residents. The applicant was not present on behalf of his request and.after discus- sion it was moved by Councilman Smith, seconded by Councilman Rea, and carried, that the request be denied. Tent. Tr. 4115 Tentative Tract Map No. 4115, for Pacesetter Homes, Inc., Pacesetter 1600 West Coast Highway, Newport Beach, to divide a portion Homes, Inc. of Lot 244, Newport Heights Tract into 10 lots, located on the north side of Sherwood Street, west of Santa Ana Avenue was presented together with the recommendation of the Planning Commission for approval subject to the recommendations of the City Engineer, dated March 13, 1961, and that the street names be under the direction of the Director of Planning. After discussion it was moved by Councilman Smith, seconded by Councilman Wilson, and carried, that the Tract be approved subject to the recommendations of the Planning Commission. VBW Co. Request The Clerk read a request from VBW Company for reconsi- for Reconsideration deration of the Council protest of March 6, 1961 meeting on New On --sale Beer on New On -Sale Beer license of Vivian Bodman, Mary Lou License von Hemert, Louis J. Wallow at 771 Baker Street. Mr. Wallow was present on behalf of the request and informed the Council that there would be no connection with the manufacturing concern in the same building, there would be a fire wall separating them. After discussion.it was moved by Councilman Smith, seconded by Councilman Rea that the protest of the Council on March 6, 1961 be upheld. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Set for Public Upon motion by Councilman Wilson, seconded by Councilman Hearing Rea, and carried, Public Hearing was set for 7:30 o'clock April 3-, 1961 p.m. or as soon thereafter as possible in the Council Plan. Comm. Res.15 Chambers of the City Hall on April 3, 1961 for the Rezone 126 following: Rezone 127 1. Planning Commission Resolution 15, Precise Plan for a proposed 20 foot alley between East 17th Street and Ogle Street and between Santa Ana Avenue and Tustin Avenue. 2. Rezone Petition No. 1261 initiated by the Planning Commission to rezone from R4 to R1 property located in'the general area between Orange Avenue and Santa Ana Avenue and between 22nd and 23rd Streets. 3. Rezone Petition No. 127, initiated by the Planning Commission to rezone from Al to C1 property locat- ed on the northwesterly corner of Adams Avenue and Mesa Verde Drive. Rezone 129-Proulx Upon motion by Councilman Pinkley, seconded by Councilman Referred to Rea, and carried, Rezone Petition No. 129, for H. I. Plan. Comm. Proulx, to rezone from C1 and R4 to M. property located at the rear of 1919 Wallace Street facing the alley known as Palace Street was referred to the Planning Commission for their recommendations.. RESOLUTION 830 The Clerk read the request of the Orange Empire Chapter Fall -Out Shelter of International Conference of Building Officials for a Committee resolution establishing a status of recognition to the Fall -Out Shelter Committee, as an approval body on Fall - Out Shelter plans proposed for construction.:tirithin the City. After discussion it was moved by Councilman Smith, seconded by Councilman Pinkley, that Resolution No. 830 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA REQUIRING THE APPROVAL OF THE FALL OUT SHELTER C014MMTTEE OF THE ORANGE EMPIRE CHAPTER, INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, FOR FALL OUT SHELTER CONSTRUCTION PLANS be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE NO. 348 The Clerk presented Ordinance No. 348 being AN ORDINANCE lst Reading OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING Amends Trailer THE UNIFORM TRAILER CODE OF THE CITY OF COSTA MESA for Code first reading. After discussion it was moved by Councilman Pinkley, seconded by Councilman Wilson that first reading be given Ordinance No. 348. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None i 1 1 Right of '-,7ay Deed Upon motion by Councilman Pinkley, seconded by Councilman Rea a right of way deed dated March 20, 1961 from Frances A. Hale for that certain street known as Babcock Avenue was accepted and ordered placed on record by the follow- ing roll call vote:' AYES: Councilmen: Wilson, Rea, Smith, Pinkley., Meyers NOES: Councilmen: None ABSENT: Councilmen: None The Mayor declared a ten minute recess and the meeting reconven:ed' at 9:10 p.m. Variance 729-A Variance application No. 729-A being the application of Hoodenpyle Arthur L. Hoodenpyle, 2175 Orange Avenue, to permit con- tinuation of variance to permit 32 units on 83,237.1+180 square feet of land area and an encroachment of 10 feet into required 50 foot setback from center line of Orange and a 15 foot encroachment into required 25 foot rear yard setback at 2175 Orange Avenue was presented together with the recommendation of the Planning Commission for approval subject to the following: 1) Recommend denial of the'10 foot encroachment on Orange Avenue as requested; 2) Recommend approval of the 10 foot encroachment from Tulip as requested; 3) That the 40.00 feet along the southerly boundary of this property from Orange Avenue to proposed Elden Avenue be dedicated to the City of Costa Mesa for street purposes; 4) That the 50.00 feet along the rear of this property (westerly boundary) be dedicated to the City of Costa Mesa for street purposes (proposed extension of Elden Avenue); 5) That the appli- cant provides a two for one off-street parking ratio under the direction of the Director of Planning. Mr. Hoodenpyle was present on behalf of his application. After discussion it was moved by Councilman Wilson, seconded by Councilman Smith, and carried, that the variance be approved subject to the recommendations of the Planning Commission. Variance 855 Variance application No. 855 being the application of Lamp Gerald F. Lamp, 2647 Westminster, to permit construction of 2 units in addition to existing -unit (total of three units) on 9,900 square feet of land area and an encroach- ment of 15 feet into required 25 foot rear yard setback at 2648 Westminster Place was presented together with the recommendations of the Planning Commission for denial for the following reasons: 1) This was rezoned R1 by the Commission and this Street is predominantly single family residential. 2) To have a total of three units on this lot would be over -building. Mr. Gerald Horton, partner of Mr. Lamp was present and spoke in favor of the variance. After discussion it was moved by Council- man Rea, seconded by Councilman Smith, and carried, that the action of the Planning Commission for denial be upheld. Variance 856 Variance application No. 856, being the application of Langdon James C. Langdon, 463 Magnolia, Costa Mesa, to permit construction of a single family residence in addition to existing single family residence, making a total of two single family residences on 7,470 square feet of land area at 463 Magnolia, was presented, together with the recommendation of the Planning Commission for denial for the following reasons: 1) This is a predominantly single family residential area; 2) Approximately 95 per cent of the immediate property owners protested; 3) This area is zoned Rl and this unit could eventually become a rental unit after it is no longer needed for the purpose stated on the variance. Mr. Langdon was present on behalf of his application and stated this was to be used for his mother -in -lair and would not be used for a rental unit. After discussion it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the recommendation of the Planning Commission for denial be upheld. Variance 857 Variance application No. 857, being the application of Sherwood Forest Sherwood Forest Developers No. 4, 3700 Newport Boulevard, Developers No. 4 Newport Beach, to permit construction of 2 (8feet by 10 feet) DF directional signs and one (10 feet by 20 feet) SF sign to advertise the sale of the Martinque apartments said signs to be located as follows: one DF sign on south side of East 18th Street 289 feet easterly of center line of Westminster Avenue; one DF sign on the southwest corner of Santa Ana Avenue and East 18th Street; one SF sign on west side of Santa Ana Avenue, 660 feet northerly of the center line of East 17th Street, was presented together with the recommendation of the Planning Commission ratify- ing the recommendation of the Director of Planning for approval for one year 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. (The sign is approved only for the sale of this project-, no rental informa- tion shall be permitted under the terms of this variance.) After discussion it was moved by Council- man Smith, seconded by Councilman Pinkley, and carried, action of the Planning Commission for approval was _the upheld. All signs to be Upon motion by Councilman Smith, seconded by Councilman checked as per Pinkley, and carried, the City Manager was instructed direction of to designate a specific department to check out the City Manager exact location of any and all signs being installed in the City as to exact footage as on the plot plan approved. This includes billboards, variances, etc. Variance 858 Variance application 858 being the application of Garns William G. Garns, Sr., 350 North Kinley, La Habra, to permit building of 8 units on 13,508 square feet of land area, 1688 square feet per unit (two 4 -unit buildings) to be located at 269 East 16th Place, was presented together with the recommendation of the Planning Commission for approval subject to the follow- ing conditions: 1) Installation of residential side- walks by the applicant at his expense, under direction of the City Engineer; 2) Two for one off-street parking ratio, under the.direction of the Director of Planning; 3) That the applicant,at his expense, constructs a decorative wall along the front of the property to screen the parking from the Street, under the Direction of the Director of Planning in accordance with Building Department requirements. 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 859 Variance application No. 859 being the application of Sawyer Irvin T. and Donalda L. Sawyer, 2619 Orange Avenue to permit ambulatory guest home for 25 persons with 1 foot encroachment into 5 foot required side yard setback for addition to existing structure at 2619 ,Orange Avenue was presented together with the recom- mendation of the Planning Commission for approval subject to the following conditions: 1) That adequate off-street parking be provided by the applicant under the direction of the director of planning. 2) That a 6 foot masonry fence be constructed by the applicant, at his oxpense; subject to the requirements of the Department of Building Safety, from the rear of the 1 1 proposed building along the northerly property lire, along the rear of the property and along the southerly property line. 3) Installation of residential side- walks along the front of this property by the applicant, at his expense, under the direction of the City Engineer. 4) Dedication to the City of 5 feet,for the widening of Orange Avenue. The Clerk presented a petition bearing 107 signatures in favor dated October 25, 1960, a petition dated March 18, 1961 in protest bearing 28 signatures and another in protest dated March 18, 1961 bearing 19 signatures, stating that some signatures were duplicated on other petitions. The following spoke in protest: Ralph W. Girton, 219 Fairway Place; Robert S. Wilson, 201 Lillian Place; William E. Hartson, 213 Fairway Place; Howard C. Rolsheim, 223 Lillian Place; W. J. Goochey, Jr., - 207 Lillian Place; Nancy Webb, 2621 Orange. Mr. and Mrs. Sawyer spoke in favor of the variance. After - discussion it was moved by Councilman Smith, seconded by Councilman Wilson and carried, that the application be deferred to the meeting of April 3, 1961 and the petitions be checked and report brought back to the council. Variance 860 Variance application No. 860, being the application of Parker Ray E. Parker, 321 Costa Mesa Street, to permit con- struction of three units on 7,865 square feet of land area (two units over 4 car garage in addition to existing residence) at 321 Costa Mesa Street, was presented to- gether with the recommendation of the Planning Commission for denial for the following reasons: 1) He is over - building the lot, but could have an additional unit (a total of 2 units) in an R4 zone without a variance. 2) Due to the large number of protests received from immediate property owners. Mr. Schooley, 325 Costa Mesa Street spoke in protest of the variance. After discussion it was moved by Councilman Pinkley, seconded by Councilman Wilson, and carried, that the action of the Planning Commission for denial be upheld. Variance 861 Variance application No. 861, being the application of Neal Lorene E. Neal, 1636 Santa Ana, to permit construction of 6 units on 10,807 square feet of land area at 1636-40 Santa Ana Avenue was presented together with the recom- mendation of the Planning Commission for approval subject to the following conditions: 1) Installation of residential sidewalks by the applicant, at her expense, under the direction of the City Engineer.- ngineer;2) 2)Two for one-off-street parking ratio under the direction of the Director of Planning; 3) That the existing three residences be removed by the applicant prior to construction of these units. 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 863. Variance application No. 863 being the application of Orange Coast Orange Coast Nursery, Incorporated, 380 West Wilson Nursery Street to permit the use of 114 property for the growing of nursery stock at 2666 Elden Avenue was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) Dedication to the City of Costa Mesa of 5 feet for the-tiridening of Elden Avenue; 2) Residential sidewalks along the front of this pro- perty to be installed by the applicant, at his expense, under the direction of the City Engineer; 3) For a period of three years; 4) No retail sales on the premises. After discussion it was moved by Councilman Rea, seconded by Councilman Wilson, and carried, that the application be approved subject to the recommendation of the Planning Commission® PERMITS The Clerk presented the request of the South Coast Request of Child Child Guidance Clinic for a free permit to solicit Guidance Clinic for three year pledges from a limited number of individ- Solicitation of uals and businesses within the City between May 1 Funds and June 1, 1961. The following spoke from the floor on behalf of the request: Ralph M. Myers, Jr.; Dr. Councilmen: Wilson, Rea, Smith, W. L. Bastendorf. After discussion it was moved by Councilman Pinkley, seconded by Councilman Wilson and Meyers unanimously carried that the City Attorney be instruc- ted to draft an ordinance granting the Council dis- Councilmen: None cretion in the issuance of permits for the soliciting of funds within the City. It was suggested by Council- Councilmen: None man Wilson that the meeting be adjourned to March 27, Written at 7:30 P.M. to permit first reading of the Ordinance. Thereupon it was moved by Councilman Smith, seconded by Councilman Pinkley, and carried that the request of the South Coast Child Guidance Clinic be deferred to the next regular meeting of April 3, 1961. Request of Orange Upon motion by Councilman Smith, seconded by Council - County Association man Pinkley, and carried the request of the Orange for Mental Health County Association for Mental Health for a fund for Solicitation campaign from April 30 to May 31 was deferred to of Funds the meeting of April 17, 1961. American -Legion Upon motion by Councilman Wilson, seconded by Council - Sound Truck man Rea, and carried, permit was granted to American Legion Post No. x-55 for a sound truck within the City for one or two days prior to April 1, 1961 for an Anti-Communist meeting. Upon motion by Councilman Pinkley, seconded by Councilman Rea, and carried permit was granted to General Amusement Company, Incorporated, for one juke box with twelve remote controls at Denny's Coffee Shop, subject to the approval of the Chief of Police. Upon motion by Councilman Pinkley, seconded by Councilman Rea, and carried, permit was granted to T. E. Jenkins for a door to door scissors service, subject to approval of the Chief of Police. Upon motion by Councilmen Pinkley, seconded by Councilman Smith, and carried, permit was granted for transfer of one skill game from 2016 Newport Boulevard to Ye Harbor Inn, subject to approval of the Chief of Police. Upon motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, permit was granted for one juke box at Miss Boo's subject to the approval of the Chief of Police. Upon motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, permit was granted to Harbor Amusement Company for one juke box at Cookies Cocktails, subject to approval of the Chief of Police. 1 Warrant Upon motion by Councilman Pinkley, seconded by Councilman Resolution Rea, Warrant Resolution No. 246 including Payroll No. 165 No. 246 was adopted by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Written Upon motion of Councilman Pinkley, seconded by Councilman Communications Wilson, and carried, the copy of the letter of William L. St. Clair to the Globe -Herald and Pilot was received and ordered filed. Upon motion by Councilman Smith, seconded by Councilman Wilson, and carried, the communication of Harper School P.T.A. regarding certain hazards to children in their area was referred to the Street Foreman for checking and report back. Upon motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, the communication of George M. Hayn regarding a shed projecting at Victoria Street and Harbor Boulevard was referred to the Traffic Commission for their checking and report back. - Upon motion by Councilman ?Nilson, seconded by Councilman Rea, and carried, the information bulletin of March 15, 1961 regarding the awarding of the Engineering Contract on the Orange County Airport Plan B was received and ordered filed. RESOLTUION 831 Upon motion by Councilman Wilson, seconded by Councilman Mayo -Breed Formula Rea, Resolution No. 831 being A RESOLUTION OF THE CITY State Highiray COUNCIL OF THE CITY OF COSTA MESA URGING THE ALLOCATION Const. Funds OF A MINIMUM OF SIXTY PERCENT OF STATE HIGH[ -TAY CONSTRUC- TION FUNDS 'TO THE SOUTHERN COUNTIES, be adopted. The motion carried,by the following roll call vote: AYES:' Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES:- Councilmen: None ABSENT: Councilmen: None A.B.C. Upon motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, the reports of Alcoholic Beverage Control on the following were received and ordered filed: New off -sale beer and wine, Catherine A.'and Jack P. Robinson, Speedee Mart, 2140 Placentia Street; Person to Person Transfer on -sale general, Harold H. and Rosalie T. Judd, Shamrock Cafe, 182.-26 Newport Boulevard; Person to Person Transfer on -sale general, William J. Martini, Bill Martini's,130 East 17th Street. Upon motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, the resolution of the Board of Supervisors dated February 21, 1961 for Fiscal Program for Orange County Highway Finance Program, amended, was received and ordered filed. AB 441 The City Attorney informed the Council of Assembly Bill 441 regarding urban renewal. After discussion it was moved by Councilman Wilson, seconded by Councilman Pinkley, and carried, with Councilman Smith abstaining that a telephone call be made to Senator Murdy advising him that the Council has no comment to make on this particular bill because they have not had a chance to study it, however, they are con- cerned over the possible diminution of Council powers if the principle were extended to other municipal proceedings. City Managers The City Manager stated that inasmuch as the City may be Report asked to take over the Park District and no money has been provided in the current budget, he requested the amount. of $75.00 per week from the "Special Study Fund" in General Government in order to permit study of hoer this change over will be handled. Thereupon it was moved by Councilman Rea, seconded by Councilman Wilson, that the amount of $75.00 per week be used from the "Special Study Fund" in General Government in the budget until the end of the fiscal year June 30, 1961, for the Park Study. The motion carried by the following roll call vote: AYES: Councilmen:: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None 1., ►2 Permit-S.W. Dist. The City Attorney informed the Council that the -request Service, Inc. for permit of Southwest Distribution Service, Inc. for four personnel to distribute house to house every Thursday a 'throw -•away' newspaper, had been deferred to this meeting at their request and that Ordinance No. 347 had not been adopted. Thereupon it was moved by Councilman Wilson, seconded by Councilman Smith, that the permit be granted subject to the requirements of Ordinance No. 347. The motion carried by the follow- ing roll call vote: AYES: Councilmen: Wilson, Smith, Meyers NOES: Councilmen: Rea, Pinkley ABSENT: Councilmen: None Adjournment Upon motion by Councilman Smith, seconded by Councilman Wilson, and carried, the meeting adjourned at 11:58 p.m. to Monday, March 27, 1961 at 7:30 o'clock p.m. in the Conference Room of the City Hall, 695 West 19th Street, Costa Mesa, California rj,e owe Mayor t e C of Costa Mesa ATTEST: m City Clerk of the Cit of Costa Mesa Chief Deputy City Clerk 1