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HomeMy WebLinkAbout04/03/1961 - City Council_1 413.. REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA April 3, 1961 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 o'clock p.m., April 3, 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 Richmond C. Johnson. ROLL CALL Councilmen Present: Wilson, Rea, Smith, Pinkley, Meyers Councilmen Absent: None Officials Present: City Manager, City Attorney, City Engineer, Director of Public Works, Chief Deputy City Clerk Minutes Upon motion by Councilman Pinkley, seconded by Councilman March 20, 1961 Rea, and carried, the minutes of the regular meeting of March 20, 1961, were approved as written and previously distributed. Minutes Upon motion by Councilman Wilson, seconded by Councilman March 28, 1961 Pinkley, and carried, the minutes of the adjourned regu- lar meeting of March 28, 1961, were approved as written and previously distributed. PUBLIC HEARING The Mayor announced that this was the time and place set Paularino No. 4 for the -public hearing of protests or objections against Annexation the proposed Paularino No. 4 Annexation to the City of Costa Mesa. The Clerk reported that the affidavit and proof of the publication of the Resolution of Intention, and the mailing of notices of adoption of said resolution, as required by law, had been made and were on file in the office of the City Clerk. The Mayor thereupon de- clared the hearing open and inquired if there were any- one present wishing to file a written protest who had not already done so, and that such protests could be filed with -the -Clerk at this time. No one desired to file further written protest. The Clerk then read a petition signed by six property owners requesting their properties be excluded from the proposed Annexation. The Mayor then inquired if there were anyone present wishing to speak in support of their protest. Mr. and Mrs. Whelan spoke stating they were not protesting the annexation, but at this time wish to be excluded. Mr. Fred Allen also spoke requesting to be excluded. The Clerk reported that the total assessed valuation for the properties>proposed to,be annexed was $164 and the .total assessed valuation of those signing the petition was $5+,870.00. The Mayor again inquired if there were ::anyone else present that wished to speak. No one else - desiring to speak, it was moved by Councilman Rea, seconded by Councilman Wilson, and carried, that the Public Hearing be closed. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Rea, and carried, that there was not a majority protest by the owners of more than one-half of the Assessed Valuation of the area. After discussion it was moved by Council- man Smith, seconded by Councilman Wilson, that all pro- tests be disallowed and the annexation proceed accord- ingly. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley,Meyers NOES: Councilmen: Noine- ABSENT'Councilmen: None ORDINANCE NO. 355 Thereupon it was moved by Councilman Pinkley, seconded First Reading by Councilman Rea, that Ordinance No. 355, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO THE CITY OF COSTA MESA, IN THE COUNTY OF ORANGE, KNOWN AND DESIGNATED AS "PAULARINO N0. 4 ANNEXATION", 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 Planning Commission for the Public Hearing on Planning Commission Resolution Resolution No. 15 - No. 15 for adoption of a Precise Plan for a proposed 20 Precise Plan for foot alley along the rear of Lots 75, 76, 85 and 86, 20 foot Alley- Newport Heights Tract, Miscellaneous Maps Book 4, Page 83, East 17th-Ogle and located between East 17th Street and Ogle Street and between Santa Ana Avenue Santa Ana Avenue and Tustin Avenue. The Clerk reported and Tustin Avenue that the notice of said hearing had been duly published and the affidavit was on file in his office. He read the recom- mendation of the Planning Commission for approval of the Plan as shown on the map attached to and made a part of their recommendation. He read a letter from Sam J. Biales in protest and a petition in protest bearing signatures of ten property owners. The Mayor then declared the hearing open and inquired if there were anyone present wishing to speak. The following spoke in protest: Mrs. Eva M. McGann; L. J. Klyn; H. S. Graham; L. V. Phebus; Attorney Harmon G. Scoville for William J. and Pearl M. Blackburn. The follow- ing spoke in favor: Robert Shaw; E. J. Braddi for J. D. Phillips. The Mayor inquired if there were anyone else pre- sent wishing to speak, no one else desiring to speak, it was moved by Councilman Pinkley, seconded by Councilman Wilson, and carried that the Public Hearing be closed. After discussion it was moved by Councilman Wilson, seconded by Councilman Pinkley that Resolution No. 832, RESOLUTION N0. 832 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ADOPTING A PRECISE PLAN FOR A TWENTY FOOT ALLEY ALONG THE REAR OF LOTS 75, 76, 85 and 86, NEWPORT HEIGHTS TRACT, be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Meyers NOES: Councilmen: Pinkley ABSENT: Councilmen: None PUBLIC HEARING The Mayor announced that this was the time and place set Rezone 126 for the Public Hearing on Rezone Petition No. 126 initiated Planning Commission by the Planning Commission to rezone from R4 to Rl property Deferred to located in the general area between Orange and Santa Ana April 17; 1961 for Avenues and between 22nd and 23rd Streets. The Clerk Check of Petition reported that said notice of hearing had been duly pub- lished and the affidavit was on file in his office. He read the recommendation of the Planning Commission for approval of the Rezone Petition. He read the following communications in protest of the Rezone: Richard J. and Flora H. Howland; George and Myrtle Davey; Hubbard E. Nolen; M. L. Cornelius for Opti Investment, Incorporated. The following communications in favor were read: Jack R. and Joy Christensen; Mercedes Frazier Polumbo; Polly A. Hendriks; Mrs. Lyle Graham; Mrs. George J. Nelson; Wilhelm F. and Erna Juptner. The Mayor then declared the hearing open and the following spoke in protest: E. L. Patterson,- atterson;Ed EdCroul; Attorney Wayne Thompson for Robert Kessler, who also presented an acknowledged petition irhich he stated had been signed by over forty per cent of the owners of the land in the.area in protest; he also presented two .%•�':'. letters of protest which the Clerk read from Mrs. J. I. The Mayor announced that this was the time and place Woody and Jacob R. Biedelbach; R. E. Lippold`for Opti - Rezone No. 127 Investment, Incorporated; H. E. Manning; Mrs. Lucille Nealon;"Mrs. C. H. Lynch. The following spoke in favor initiated by the Planning Commission to rezone from Al of the rezone; R. K. Campbell; Stan Harding; Mrs. Joy Christiansen; Mr. Tibbits; Polly Hendriks; Wayne Dutro who stated he lived in the adjacent County territory Drive and Adams Avenue. The Clerk reported that said but in the same vicinity and presented a petition of property owners in the County area who were in favor of the rezone; Frank Strahl. The Mayor inquired if there were anyone else wishing to speak. No one else wishing in the office of the City Clerk. He read the recommenda- to speak it was moved by Councilman Smith, seconded by Councilman Wilson, and carried, that the Public Hearing be closed. After discussion it was moved by Councilman no written communications had been received. The Mayor Smith, seconded by Councilman Rea, and carried, that the Rezone Petition be deferred to April 17, 1961, and re- quested that all petitions be computed and verified as heard. No one wishing to be heard it was moved by far as residents in the area and square footage owner- ship in the area, showing exactly those protesting and those in favor. carried, that the Public Hearing be closed. After dis- The Mayor declared a ten minute recess and the meeting reconvened at 9:35 P.m. PUBLIC HEARING The Mayor announced that this was the time and place Rezone No. 127 set for the Public Hearing on Rezone Petition No. 127 Planning Commission initiated by the Planning Commission to rezone from Al to Cl property located on the northwest corner of Mesa Verde Drive and Adams Avenue. The Clerk reported that said notice of hearing had been duly published and was on file in the office of the City Clerk. He read the recommenda- tion of the Planning Commission for approval and reported no written communications had been received. The Mayor then inquired if there were anyone present wishing to be heard. No one wishing to be heard it was moved by Councilman Pinkley, seconded by Councilman Wilson, and carried, that the Public Hearing be closed. After dis- cussion it was moved by Councilman Smith, seconded by ORDINANCE NO. 356 Councilman Wilson that Ordinance No. 356, being AN First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF A CERTAIN AREA AT THE NORTHWESTERLY CORNER OF MESA VERDE DRIVE AND ADAMS AVENUE FROM Al TO C1 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 eras the time and place set ORDINANCE NO. 348 for the Public Hearing on Ordinance No. 348, being AN Amending Trailer ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA Code AMENDING THE UNIFORM TRAILER CODE OF THE CITY OF Second Reading COSTA MESA. The Clerk -reported that notice of said hearing had been duly published and the affidavit was on file in his office. He reported no written com- munications had been received. The Mayor:th.en inquired if there were anyone 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 Pinkley, seconded by Councilman Wilson that Ordinance No. 348 be given second reading 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 The City Attorney informed the Council that he had City Attorney received a petition signed by fourteen of the twenty - Santa Ana Avenue two property owners on Flower Street from Raymond to Improvement Tustin requesting inclusion in the Santa Ana Avenue District - Improvement District for the work originally proposed Request for to be done on this street. After discussion it was Flower Street moved by Councilman Wilson, seconded by Councilman Pinkley, and carried, that the City Attorney and City Upon motion by Councilman Wilson, seconded by Council- Engineer be authorized to proceed with the necessary man Pinkley, and carried, improvements under Rezone steps for inclusion of Flower Street between Raymond and Tustin in the Santa Ana Avenue Improvement District. City Engineer The City Engineer presented the Final Tract Map No. 4115 Final Tract 4115 for Pacesetter Homes, Incorporated for the subdivision Pacesetter Homes of 2.19 acres into 10 lots, located at the corner of Santa Ana Avenue and Sherwood Street, together with a check in the amount of $563.10, a bond in the amount of $1,300.00 and signed Agreement. It was moved by Council- man Pinkley, seconded by Councilman Rea, that Resolution RESOLUTION N0.833 No. 833 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE MAP OF TRACT N0. 4115 AND ACCEPTING THE STREETS AND ALLEYS SHOWN THEREON FOR PUBLIC USE FOR HIGHEPTAY 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, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Record of Survey The City Engineer presented a Record of Survey of a Fairview Hospital portion of Lot A of the Banning Tract in the Rancho Area Santiago de Santa Ana, said property located in the Fairview Hospital area. After discussion it was moved by Councilman Wilson, seconded by Councilman Smith, and carried, that the Record of Survey be approved. Director of Public The Director of Public Works presented the final plans Works for the proposed Fire Station Headquarters at Adams and Fire Station at Royal Palm and recommended their approval and opening Adams and Royal of bids for May 1, 1961. Upon motion by Councilman Palm, Call for Pinkley, seconded by Councilman Rea, the plans for the Bids proposed Fire Station were accepted and opening of bids set for May 1, 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. Departmental Upon motion by Councilman Rea, seconded by Councilman Reports Wilson, and carried, the following Departmental reports were received and ordered filed: Street, Planning, Civil Defense, Fire, Building Safety. Rezone 69 -Forbes A communication was read from Frank 0. Myers, Assistant Bond Exonerated City Engineer recommending exoneration of bond for Robert Forbes Enterprises, Incorporated,under Rezone Petition No. 69 and acceptance of the improvements. Upon motion by Councilman Wilson, seconded by Council- man Pinkley, and carried, improvements under Rezone Petition No. 69 were accepted and the bond ordered exonerated. Refund -Cohen The -.Clerk read a request of refund for duplicate issuance of license for Nathaniel M. Cohen, Jr., M.D. together with the recommendation of the Director of Finance for refund of $36.00 on License No. 3788. Thereupon it was moved by Councilman Rea, seconded by Councilman Wilson that the refund of $36.00 on License No. 3788 be granted to Dr. Cohen. Ordinance No. 345, Inasmuch as the required agreement had not been received Deferred to it was moved by Councilman Rea, seconded by Councilman April 17, 1961 Wilson, and carried, that second reading of Ordinance No. 345, Rezone 121, Roven, be deferred to the meeting of April 17, 1961. ORDINANCE NO. 350 Upon motion by Councilman Pinkley, seconded by Council - Second Reading man Rea, second reading was given to Ordinance No. 350, Rezone 123 -Regan 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 R4 TO R 2, and it was adopted by the following roll call vote: AYES: Councilmen: Wilson,Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE NO. 351 Upon motion by Councilman Pinkley, seconded by Council - Second Reading man Smith, second reading was given to Ordinance No. 351, Rezone 124 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, and it was adopted by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE NO. 352 Upon motion by Councilman Smith, seconded by Council - Second Reading man Pinkley, second reading was given to Ordinance Rezone 125 No. 352, being AN ORDINANCE OF THE CITY COUNCIL OF THE Thunstrom CITY OF COSTA MESA CHANGING THE ZONING OF A PORTION OF LOT 803, NEWPORT MESA TRACT FRONLRI TO PI, and it was adopted by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE NO. 353 Upon motion by Councilman Pinkley, seconded by Council - Second Reading man Rea, second reading was given to Ordinance No. 353, Amends Handbills 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, and it was adopted by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE NO. 354 The City Clerk presented Ordinance No. 354, being AN Solicitation ORDINANCE OF THE CITY OF COSTA MESA REGULATING THE Second Reading SOLICITATION OF CONTRIBUTIONS TO CHARITABLE PURPOSES for second reading as an urgency Ordinance. The following spoke asking questions and clarifications on certain parts: Bob Williams; Mrs, D. Sutherland; H. Boswell; Dennis Carpenter. After discussion as to the suggestions and requested changes it was moved by Councilman Pinkley, seconded by Councilman Wilson, that second reading be given to Ordinance No. 354 and it be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None The Council suggested that those persons present who wished certain changes or additions to send these changes in wrritten form to the City Attorney so that they could all be considered at the same time for a possible amendment to the Ordinance. Variance No. 859 Variance application No. 859 being the application of Sawyer Irvin T. and Donalda L. Sawyer, 2619 Orange Avenue, to permit an ambulatory guest home for twenty-five persons with 1 foot encroachment into 5 foot required side yard setback for addition to existing structure at 2619 Orange Avenue, was presented, having been deferred from the meeting of March 20 to permit checking of petitions submitted. The Clerk read communications in favor from Mr. and Mrs. Robert W. Gordon; William 0. Whitaker if properly fenced; and in protest from Mathilda M. Riggs. The Clerk presented colored maps summarizing the petitions. Mr. Sawyer also presented maps of the area as he had summarized his contacts with the pro- perty owner. Mr. Hartson spoke in protest. After discussion it was moved by Councilman Smith, seconded by Mayor Meyers, that the variance be approved subject to the recommendations of the Planning Commission. The motion carried by the follozring roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None South Coast Child The Clerk presented the request of the South Coast Child Guidance Clinic Guidance Clinic for a fund raising campaign in the City Fund Raising from May 1 through June 1, 1961, having been deferred from the meeting of Mairh 20, 1961. The Attorney informed the Council that Ordinance No. 351E requirements could not be met on this request because of the timing, and there- fore the request would have to be considered under the previous regulations of whether or not this is a charitable and non-profit organization. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Rea, that the South Coast Child.Guidance Clinic be deemed a charitable and non-profit organization, and the request be referred back to the Director of Finance for processing: The motion carried by the following roll call vote: AYES:. Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE NO'. 357 The Clerk presented a request from the Board of Directors First Reading of the Thirty-second District Agricultural Association, Intention to 20391 Newport Boulevard, requesting abandonment of Abandon Certain Parcels A and B at Fair Drive and Newport Boulevard as Parcels shown on a map attached to the request together with the recommendation of the Planning Commission that these parcels revert back to their original owners as they are no longer required for right of way purposes. Thereupon it was moved by Councilman Smith, seconded by Councilman Pinkley, and carried, that first reading be given to Ordinance No. 357, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA DECLARING ITS INTENTION TO.ORDER THE VACATION OF A CERTAIN PARCEL OF LAND LYING AT THE NORTI-DIESTERLY CORNER OF THE INTER- SECTION OF FAIR DRIVE AND NEWPORT AVENUE IN SAID CITY. (Sets date of hearing for May 15, 1961.) Building Moving Applications for Building Moving Permits No. 33o and Permits No. 330 and No. 331 from Tom Dowd, 2532 Orange Avenue to move one No. 331 -Dowd dwelling from 2863 Midvale, Los Angeles and one dwell- ing from 5553 Etheldo Street, Culver City, to 2532 Orange Avenue, in an RLE zone making.a total of three dwellings on 14,700 square feet of land area were presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) Subject to all the require- ments of the Department of Building -Safety; 2) That the applicant posts a $5,000.00.bond on each house; 3) That two for one off-street parking be provided for the entire area under the direction of the Director of Planning. NLr. Dowd was present on behalf of his applications. After discussion it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the applications be approved, subject to the recommendations of the Planning Commission with the added stipulation that there be a five foot dedication for street purposes on Orange Avenue. Tentative Tract Tentative Tract Map No. 3718 for Del Mar Corporation, No. 3718 437-A West l9th Street, to divide property located Del Mar 448 feet easterly of the center line of Harbor Boulevard Corporation and easterly of existing Parsons Street into 11 lots was presented together with the recommendation of the Planning Commission for approval subject to the require- ments of the City Engineer dated March 27, 1961 and that the street names be under the direction of the Director .of Planning. Upon motion by Councilman Rea, seconded by Councilman Wilson, and carried, Tentative Tract 3718 was approved subject to the recommendations of the Planning Commission. Planning Commission Upon motion by Councilman Wilson, seconded by Council - Resolution No. 13 man Pinkley, and carried Public Hearing was set for Set for Hearing April 17, 1961, at the hour of 7:30 o -clock p.m. or April 17, 1961 as soon thereafter as possible in the Council Chambers for Planning Commission Resolution No. 13 for adoption of a Precise Plan for a proposed 30 foot alley between West 19th Street and Center Street and between Placentia Avenue and Monrovia Avenue. Rezone No. 132 Upon motion by Councilman Wilson, seconded by Council - Hughey -Bennett man Smith, and carried, Rezone Petition No. 132 for Referred to Jack Hughey and Jack H. Bennett to rezone from R4 to C2 Planning Commission property located on the south side of Cabrillo Street 343 feet easterly of Newport Boulevard was referred to the Planning Commission for their recommendations. Warren Reappointed Upon motion by Councilman Meyers, seconded by Council - to Planning man Wilson, and unanimously carried C. Thatcher Warren Commission was reappointed to a four year term on the Planning Commission to expire April 15, 1965. Traffic Commission Upon motion by Councilman Wilson, seconded by Council - Terms Deferred to man Rea, and carried, action on the expiration of the April 17, 1961 terms of the Traffic Commissioners as of April 15, 1961, was deferred to the meeting of April 17, 1961. Right of Way Deeds Upon motion by Councilman Pinkley, seconded by Council- man Wilson, 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 i DATE NAME FOR STREETS March 28, 1961 'imared Louise Frei Santa Ana and Monte Vista March 30, 1961 Delmar B-and Catherine Babcock Avenue E. Mangels ..January 31, 1961 Albert R. and Lina S. Gage Avenue and Clary Thompson Street February 5, 1961 William Webb Clary, Jr. Gage Avenue and Clary and Catherine R. Clary Street March. 29, 1961 Verne R. and Jane Magnolia Street Tillesen, and Charles N. and Margaret McEathron Variance No, 678-A Variance application No. 678-A, being the application of Clark John T. Clark, 1025-First Street, Wasco, California, to permit continuance of Variance for 107 Unit Trailer Court on property zoned Ml, Light Industrial, at the southwest corner of 17th Street and Monrovia Avenue, was presented together with the recommendation of the Planning Commission for-approval _.subject to the following conditions: 1) For a period of one year from the date of the original variance expired--November 16, 1960; 2) As per Precise Plan attached and made a part of the Variance; 3) All the conditions of the original variance_- a) Dedication to the City of Costa Mesa of 30 feet for street purposes along the southerly property line of the Trailer Court; b) That ingress and egress .to the Trailer Park be subject to the approval of the Traffic Commission; c) That the-Trailer Park be contained with a permanent type wall under the direction of the Director of Planning; d) All the requirements of the Department of Building-Safety. The -Clerk read letters of protest from Eva Dixon and John L. Monroe. Mr. Howard Groddard and Mr. William Troy, Jr. for Mr. William Troy, Sr. spoke in protest. Mr. Tom Shoemaker spoke on behalf of the applicant who was not able to be present. After discussion as to the area and its present use and work having been done under the Variance, it was moved by Councilman Wilson that the Variance be granted. The motion died for the lack of a second. Thereupon it was-moved by Councilman Smith, seconded by_Councilman Rea that Variance No. 678-A be denied. The motion-carried by the folloti-ring roll call vote: AYES: Councilmen: Rea, Smith, Pinkley, Meyers NOES: Councilmen: . Wilson ABSENT: Councilmen: None Variance No.-862 Variance application No. 862, being the application of Westport Westport Development Company, 12863 Palm, Garden Grove, Development to permit a 3 foot encroachment into 5 foot and 10 foot Company required side yard setbacks for 4 unit apartments to be _ located on the south side of Shalimar Drive, between _ Wallace and Pomona, eras presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) As per Precise Plan 3A made a part of this Variance which indicates that _ the stairways and deck posts are the only encroachments on the sides. 2) Two for one off-street parking under the direction of the Director of Planning. The Clerk read a communication from David H. and Lucille D. Coffman in favor of the variance if a wall is built on the property abutting theirs. After discussion it was moved by Councilman Rea, seconded by Councilman Meyers, aria carried, that Variance No. 862 be approved subject to the recommendations of the. Planning Commission. Variance No. 864 Variance application-No. 864, being the application of Sowers - Willis Sowers, 2193 Orange, to permit an additional duplex in addition to two existing duplexes on 15,950 square feet of land area (making a total of six units) with an encroachment of 15 feet into required 25 foot rear yard setback (allows.2,658 square feet of land area per unit) was presented together irith the recommendation of the Planning Commission for denial for the following reasons: 1) Over -building the property; 2) The off- street parking in the front yards on Orange Avenue and 22nd Street would necessitate the asphalting of these yards which is not desirable; 3) This would be increas- ing the over -building of this area in addition to that which is already existing; 4) The rear yards as shown are inadequate. Mr. A. M. Riddell spoke on behalf of the applicant. After discussion it was moved by Councilman Wilson, seconded by Councilman Rea, that Variance No. 864 be denied as recommended. The motion carried by the following roll call vote: AYES: Councilmen: Rea, Wilson, Pinkley, Meyers NOES: Councilmen: Smith ABSENT: Councilmen: None Variance No. 865 Variance application No. 865, being the application of Wayne Construction Wayne Construction Company, 2034 Placentia Avenue, to Company permit construction -of one duplex on each of two lots -with 5,200 square feet of land area each, and a 5 foot encroachment into required -front yard setback of 50 feet from the center line of street on 3 lots located at 714-718-722 Joann, eras presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) In accordance with revised plan dated March 27, 1961; 2) Installation of residential sidewalks and concrete driveway approaches by the applicant, at his expense, under the direction of the City Engineer; 3) Alley design under the direc- tion -of the City Engineer and the Director of Planning; 4) Two for one off-street parking ratio under the direction of the Director of Planning. After discussion it was moved by Councilman Wilson, seconded by Council- man Rea, and carried, that Variance No. 865 be approved subject to the recommendations of the Planning Commission. Variance No. 866 Variance application No. 866, being the application of Tunnell Fay W. Tunnell, 274 East 15th Street, to permit encroach- ment of 7.50 feet into required 25 foot rear yard setback from the center line of alley to build a single apartment over a two -car garage in addition to existing residence at 274 East 15th Street, was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) Installation of sidewalks and concrete driveway approaches by the applicant, at his expense, under the direction of the . City Engineer. 2) Two to one off-street parking ratio under the direction of the Director of Planning. The Clerk read a letter in favor from Mr. E. D. Miller. Mr. Glen Coit was present on behalf of the applicant, -regarding-the requiring of. the sidewalks and if it were possible to sign an agreement to put the sidewalks in within a stipulated time or through a district. After discussion it was moved by Councilman Wilson, seconded by Councilman Rea, and carried that the Variance be ap- proved subject to the recommendations of the Planning Commission but that the applicant be allowed to sign an agreement that within a three year period he will install sidewalks or will join in.on a sidewalk improvement program. Variance No. 867 Variance application No. 867, being the application of Jansen Norbert W. Jansen, 2527 Bowdoin, to permit encroachment of 10 feet into required 50 foot front yard setback from the center lire of Wilson Street for a 32 unit -apartment project, and a 6 foot high fence and an entrance way along the -front property lire on Wilson '�..V v Street as per plot plans attached to and made a part of the Variance, located on the north side of Wilson, 282 feet westerly of the center line of Harbor Boulevard was presented together with the recommendation of the Planning Commission for approval subject to the follow- ing conditions:- 1) Dedication to the City of Costa Mesa for street purposes, Street A along the northerly portion of this property as shown on the Precise Plan approved under Resolution No. 11; 2) Two for one off-street parking ratio under the direction of the Director of Planning; 3) A maximum of one unit per 1500 square feet -- of land area; 4) Installation of residential sidewalks - and concrete driveway approaches on Wilson Street by the applicant, at his expense, under the direction of the City Engineer. Mr. Jansen was present on behalf of his application. 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 and the following added stipulations: 5) All grade levels shall be subject to the requirements of the City Engineer; 6) If Wilson Street is widened applicant to remove the fence and entrance -way along the property line, at his own expense. Variance No. 868 Variance application No. 868, being the application of Jordan - Irving C. Jordan, Incorporated, 3700 Newport Boulevard, Newport Beach, to permit encroachment of 1 foot into required 5 foot side yard setback on Lots 2, 12 and 15, Tract No. 3856; 3 foot 6 inch encroachment into required 12 foot 6 inch side yard setback from Lilac Lane on Lots 3, 4+ 13, and 14,, -Tract No. 3856; on Lot 7, Tract No. 3856 and 12.4 foot encroachment into required 22.4 foot rear.yard setback on Lot 20, Tract No. 3856 was presented together with the recommendation of the Planning Commission for approval as per revised plot plans dated March 24, 1961. After discussion it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the application be approved subject to the requirements of the Planning Commission. Variance No. 869 Variance -application No. 869 being the application of Bennett Jack H. Bennett, 130 East 17th Street, to permit con- struction of 8 units on 12,527 square feet of land area and an encroachment -of 7.5 feet into required 25 foot rear yard setback from center line of alley, 2.5 foot encroachment into required 10 foot side yard setback, at the south side of Cabrillo Street, 343 feet easterly of Newport Boulevard, was presented together with the recommendation of the Planning Commission for approval subject to -the follovring conditions: 1) Two for one off- street parking ratio under the direction of the Director of Planning; 2) Installation of residential sidewalks and concrete driveway approaches by the applicant, at his expense, under the direction of the City Engineer; 3) A maximum of one unit per 1500 square feet of land area; 4) That an opaque wall not less than 5 feet 6 inches nor more than 6 feet in height be installed along both sides of this property with a decorative i, -all in front to screen the parking area subject to the require- ments of the Department of Building -Safety under the direction of the Director of Planning. After discussion it was moved by Councilman Wilson, seconded by Councilman Meyers, and carried, that the application be approved subject to the recommendations of the Planning Commission. Variance No. 871 Variance application No. 871 being the application of Macco Corporation Macco Corporation, 3800_East Coast Highvay, Corona del Max, to permit four directional signs to advertise the sale of homes in Tract No. 3749 as shown on the plot plan attached to and made a part of the Variance located near Newport Boulevard and Bristol Street, was presented together with the recommendation of the Planning Commission for ratifica- tion of the Planning Director's approval z-ihich was for one year or until the homes in Tract No. 3749 are sold, which- ever is sooner, subject to the requirements of the Depart- ment of Building -Safety, and that the signs to be re- moved 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 Rea, seconded by Councilman Smith, and carried, that the application be approved as recommended by the Planning Commission. PERMITS Upon motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, permit was granted to Harbor Amusement Company for one juke box and one _skill game at the Hurry Bell, 2023 Harbor Boulevard, subject to the approval of the Chief of Police. Upon motion by Councilman Pinkley, seconded by Councilman Rea, and carried, permit was granted for Putt -Putt Golf Course, 1+77 West Baker Street, subject to the approval of the Chief of Police,..Fire._Chief;-and Building Official. Upon motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, permit was granted to Bill Martini's for a yearly dance license at 130 East 17th Street, sub- ject to the approval of the -Chief of Police and Fire Chief. Upon motion by Councilman Pinkley, seconded by Councilman Rea, and carried, permit for Columbia Outdoor Advertising Company for an outdoor advertising billboard at 2110 Newport Boulevard was denied. Warrant Upon motion by Councilman Rea, seconded by Councilman Resolution No. _247 Wilson, Warrant Resolution No. 247 including Payroll No. 166 was_adopted by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Warrant Upon motion by Councilman Pinkley, seconded by Councilman Resolution No. 248 Smith, Warrant Resolution No. 248 was adopted by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Writtem Upon motion by Councilman Wilson, seconded by Councilman Communications Pinkley, and carried, the communication of Troy S. Miller, Cherry Lake Dam President, Lake Front Property Owners Associatio4 regard- ing Cherry Lake Dam Project was referred to the City Manager. U -Drive Karts Upon motion by Councilman Smith, seconded by Councilman Wilson, and carried, the communication of John S. Watson, Henry's Livery, regarding U -Drive Karts on South Main was referred to the Chief of Police. Kilpatrick Upon motion by Councilman Smith, seconded by Councilman Rea, and carried, notification of Mr. James T. Kilpatrick five year certification as a member of the Board of Trustees of the Orange County Mosquito District was received and ordered filed. Proclamation Upon motion by Councilman Smith, seconded by Councilman Pinkley, and carried, the Mayor was directed to issue a Proclamation for the week of April 8 through 15 as "Preservation and Encouragement of Barber Shop quartet Singing in America Week". Mayor to Attend Upon motion by Councilman Pinkley, seconded by Councilman United States Rea, the Mayor was authorized to attend the United States Conference of Conference of Mayors in Washington D.C. from June 11 Mayors through 1.4 and the Chief Deputy City Clerk was authorized Chief Deputy -City to attend the International Association of Municipal Clerk to Attend Clerks Conference in New York City May 15 through 19 Conference in conjunction with his vacation, with an advance of $250.00 for the trip and a report on his expenses upon his return. The motion carried by the following roll call -vote:: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Councilman Rea to Councilman Rea requested permission to leave the Country Leave Country from April 17 through June 21 to go to Japan. Upon motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, permission was granted. Development of The City Manager presented a proposed agreement with Marsh Retirement Plan- and McLennan -Cosgrove and Company, 3663 West 6th Street, Agreement Los Angeles, on development of a retirement plan for the employees of the City of Costa Mesa, and stated -that it had been approved by the City Attorney with two additions which he requested be placed in full on the minutes: 1) No work to be performed on any phase without written authorization of City to sign work on such phase. 2) No work to be performed on any authorized phase in excess of $1500.00, without specific authorization fromCity to exceed such sum. Thereupon.it-was moved by Councilman Pink -ley, seconded by Councilman Wilson that the City Manager and City Clerk be authorized to sign the agreement with Marsh and McLennan -Cosgrove and Company as outlined frith the two additions. The motion carried by the folloiri.ng roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Fly and Odors The City Manager and City Attorney made a report on the Northerly Section various meetings they had attended in conjunction with of City the fly and odor problem in the northerly section of the City. The City Manager recommended that an amount not to exceed $500.00 be spent to abate the fly problem and the authorization be given to use city manpower and city equipment. Mr. William Troy of the Mesa.Verde Homeo4mers Association also spoke on the problem. After discussion it was moved by Councilman Pinkley, seconded by Councilman Wilson, that a sum not to exceed $500.00 and full manpower and equipment of the City be employed to abate the nuisance of flies and odors in the area adjacent to the northerly residents in the City (Mesa Verde, Mesa Meadows, etc.) RESOLUTION N0. 834 The City Manager and Councilman Pinkley discussed with the East Orange County Council the request of the Tri -City area for connection Feeder Line to the Metropolitan -Santiago lateral instead of the East Orange County Feeder Line of which they should be a part, and that if they are granted this connection to the Metropolitan -Santiago lateral there was a possibility that the East Orange County Feeder line would not go through. After discussion it was moved by Councilman Pinkley, seconded by Councilman Wilson that Resolution No. 834, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA URGING COOPERATION IN THE CONSTRUCTION OF THE LOWER ORANGE COUNTY FEEDER LINE OF THE -METROPOLITAN WATER DISTRICT, be adopted and copies sent to the Orange County Municipal Water District and Coastal Water District. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ADJOURNMENT Upon motion by Councilman Smith, seconded by Councilman Wilson, and carried, the meeting adjourned at 12:25 a.m. 1 1