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HomeMy WebLinkAbout05/15/1961 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA May 15, 1961 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 o'clock p.m., May 15, 1961, at the City Hall, 695 West 19th Street, Costa Mesa. The meet- ing was called to order by the Mayor followed by the Pledge of Allegiance to the Flag and Invocation by Reverend Franklin Bixler, ROLL CALL Councilmen Present: Wilson, Smith, Pinkley, Meyers Councilmen Absent: Rea Officials Present: City Manager, City Attorney, City Engineer, City Clerk Minutes of Upon motion by Councilman Wilson, seconded by Councilman Smith, May 1, 1961 and carried, the minutes of the regular meeting of May 1, 1961, were approved as written and previously distributed. OPENING OF BIDS The Mayor announced that this was the time and place set for Fire Station the Opening of Bids for the Fire Station Building. The Clerk Building reported that thirteen bids had been received. The bids were then publicly opened, read, and declared as follows: CONTRACTOR Prop. #1 Prop. #2 Prop. #3 Prop. #4 C&E Builders $111.9374.00 536-00 900.00 1575.00 W. J. Burke Const. Co- .$103.9000.00 600.00 820.00 1900.00 Gri f S. Pharo $114,997-00 115,979.00 11668 . o0 118,6 00 . o0 Devlin Company $103,528.00 / 465.00 / 772.00 /1940.00 Harris & Denner $ 97,782.00 1123.00 / 598.00 1799.00 Bani Enterprizes Inc.. $ 85,821.00 /1186.00 1142.00 ¢1840.00 John E. Backaan Co.Inc.$ 99,813.00 100,567.00 100,868.00 102,552.00 Fred Beck Const. Co. $109,666.00 1095.00 / 880.00 2175.00 R. L. Steinmetz $ 96,438.00 / 676.00 / 750.00 /1816.00 J. Ray const. Co. Inc. $104,888.00 ¢2067.00 ¢ 350.00 2950.00 South Coast Const. Co. $107;983.00 682.00 / 554.00 2176.00 Gerald E. Sparks $ 99,84-0.00 701.80 621.50 1486.10 Crosby Const. Co. $ 96,700.00 97,400.00 98,000.00 99,895.00 Upon motion by Councilman Smith, seconded by Councilman Wilson, and carried, the bids were referred to the architect for check and report back later in the meeting. The architect reported back later in the meeting stating that he had not completed the check but would have the report ready for the next Council meeting. Thereupon it was moved by Councilman Wilson, seconded by Councilman Pinkley, and carried, that the architect make his report on the check of the bids at the next regular Council meeting on June 5, 1961. PUBLIC HEARING The Mayor announced that this was the time and place set for the Weed Abatement Public Hearing on Weed Abatement. The Clerk reported that the notice of hearing had been duly published and the affidavit was on file in his office; that the properties had been posted and the affidavit of posting was on file in his office. He reported no written communications had been received. The Mayor there- upon declared the hearing open, and inquired if there were anyone present wishing to speak. No one desiring to speak, it was moved. by Councilman Pinkley, seconded by Councilman Smith, and carried, that the public hearing be closed. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Wilson, that Resolu- RESOLUTION 841 tion No. 841 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA INSTRUCTING AND AUTHORIZING THE STREET SUPERINTENDENT OF THE CITY OF COSTA MESA TO PROCEED WITH THE REMOVAL of WEEDS, be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea x`.2,0 4 PUBLIC HEARING The Mayor announced that this was the time and place Vacation of Parcel set for the public hearing on the vacation of a certain at Fair Drive and parcel of land lying at the northwesterly corner of the Newport Avenue intersection of Fair Drive and Newport Avenue. The Clerk reported that notice of said hearing had been duly published and the affidavit was on file in his office; the property had been posted and the affidavit of•posting was on file in his office. He reported no written communications had been received. Thereupon the Mayor declared the hearing open and inquired if there were anyone present wishing to speak. 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 Pinkley, seconded by Councilman Wilson, RESOLUTION 842 that Resolution No. 842, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ORDERING THE VACATION OF A CERTAIN UNUSED PORTION OF RIGHT OF WAY AT THE NORTHWESTERLY CORNER OF THE INTERSECTION OF FAIR DRIVE AND NEWPORT AVENUE IN THE CITY OF COSTA MESA, be adopted. The motion carried by the follow- ing roll call vote: AYES: Councilmen: Wilson, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea PUBLIC HEARING The Mayor announced that this was the time and place Morales Annexa- set for the public hearing on Morales Annexation. The tion Clerk reported that. -the -notice of said hearing had been duly published and the affidavit was on file in his office. He reported no written communications had been -received.. Thereupon the Mayor declared the hearing .open and inquired if.there were anyone present desiring to speak. Noone wishing to speak it was moved by Councilman Smith, seconded by Councilman Pinkley and carried, that the public hearing be closed. Thereupon it was moved by Councilman Smith, seconded by Council - ORDINANCE 360 man Pinkley that Ordinance No. 360, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY CONTI- GUOUS TO THE CITY OF COSTA MESA IN THE COUNTY OF ORANGE, KNOWN AND DESIGNATED AS "MORALES ANNEXATION" be given first reading and passed to second reading. The motion carried by the following roll.call vote: AYES: Councilmen: Wilson, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea PUBLIC HEARING The Mayor announced that this was the'time and place set Calif. Gas Trans- for the Public Hearing on the request for a franchise for mission Company the California Gas -Transmission Company as continued from the meeting of April 20, 1961. Mr. R. M. Olsen, Attorney for Southern Counties Gas Company spoke requesting deferring the matter until the Public Utilities Commission had approved. After discussion it was moved by Councilman Smith, seconded by Councilman Wilson that Resolution No. 843 being A RESOLU- TION BY CITY COUNCIL OF THE CITY OF COSTA MESA, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO GRANT THE GAS FRAN- CHISE APPLIED FOR BY CALIFORNIA GAS TRANSMISSION COMPANY UNDER DIVISION 3, CHAPTER 2 OF THE PUBLIC UTILITIES CODE OF THE STATE OF CALIFORNIA, KNOWN AS THE FRANCHISE ACT OF 1937. (Sets public hearing for June 19, 1961.) The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea PUBLIC HEARING The Mayor announced that this was the time and place set Rezone Petition for the public hearing on Rezone Petition No. 128 for No. 128 Charles E. Jones, 493 East 17th Street, to rezone from Jones R4 to R2, property at 384 Avocado Street. The Clerk reported that notice of said hearing had been duly published 1 1 and the affidavit was on file in his office. He reported no written communications had been received. He read the report of the Planning Commission for approval provided that prior to action by the City Council there shall be on file with the City Clerk the following: 1) A deed dedicating all land 30.00 feet from the center line of existing Avocado Street to the City of Costa Mesa for street purposes. 2) A deed dedicating all land 30.00 feet from the center line of existing Wilson Street to the -City of Costa Mesa for street purposes. 3) An Agree- ment 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. The Clerk reported that all the required documents 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 Wilson, seconded by Councilman Smith, and carried, that the public hearing be closed. Thereupon it was moved by Councilman Smith, seconded by Councilman Wilson that first reading be given to Ordin- ORDINANCE 361 ance No. 361, being AN ORDINANCE OF THE CITY COUNCIL OF First Reading THE CITY OF COSTA MESA CHANGING THE ZONING OF A PORTION OF LOT 17 AND A PORTION OF IAT 20, TRACT NO. 57, FROM R4 TO R2. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Pinkley, Meyers NOES: Councilmen: None.. .ABSENT: Councilmen: Rea REPORTS The City Attorney presented a proposed Ordinance amending City Attorney the zoning chapter of the Municipal Code requiring all Auction Houses auction houses be by variance in any zone in the City. ORDINANCE NO. After discussion it was moved by Councilman Pinkley, seconded 362 by Councilman Wilson, that Ordinance No. 362, being AN ORDINANCE OF.THE CITY OF COSTA MESA, CALIFORNIA, REGULATING AUCTION HOUSES, be given first reading and passed to second reading. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea Final Tract 3718 The City Engineer presented the Final Tract Map No. 3718 Del Mar Land for Del Mar Land Company, to divide 3.9 acres into 11 lots Company located on Ford Road and Parsons, together with a certified check in the amount of $1519.02, a bond in the amount of $24,200.00 and signed Agreement. After discussion it was moved by Councilman Pinkley, seconded by Councilman Wilson, RESOLUTION 844 that Resolution No. 844 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE MAP OF TRACT NO 3718 .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 THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT, be adopted. The motion carried by the following roll call vote: AYES: Councilmen:. Wilson, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea Final Tract 3940 The City Engineer presented Final Tract Map No. 3940 for Kolco.Construction Kolco Construction Company to divide 3.5 -acres into 18 lots, Company located on Fairway Drive and Monte Vista; together with a certified check in the amount of $1507.04, a bond in the amount of $15,300.00 and a signed.Agre6nent. After discus- sion it was moved by Councilman Smith, seconded by Council - RESOLUTION 845 man Pinkley that Resolution No. 845 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE MAP OF TRACT NO. 3940 AND ACCEPTING THE STREETS AND ALLEYS SHOWN THEREON FOR PUBLIC USE FOR HIGHWAY PURPOSES AND AUTHOR- IZING THE CITY CLERK TO SIGN SAID MAP AND AUTHORIZING THE -riCtiJi MAYOR AND CITY CLERK TO SIGN THE AGREEMENT, be adopted. The motion carried by.the.following roll call vote: AYES: Councilmen: Wilson, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea Tract 3749 bond The City Engineer informed the Council that the improve - exonerated upon ments in Tract 3749 had -been completed in accordance with posting of $5000 Plans and,Specifications except for a portion adjacent to bond Newport Boulevard which could not be improved at this time and recommended that the present bond of $129,100.00 be released when a new bond for $5,000.00 is posted which is sufficient to cover the remainder of work to be done. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Wilson, and carried' that the bond on Tract 3749 be exonerated upon receipt by the City Clerks office of a bond in the amount of $5'000.00 to cover the remainder of work to be done on Newport Boulevard. Departmental Reports Upon motion by Councilman Pinkley, seconded by Councilman Smith, and carried, the following departmental reports were received and ordered filed: Finance, City Treasurer' Police' Poundmaster. Refund -Neuman Upon motion by Councilman Pinkley; seconded by Councilman Wilson, the request of R. F. Neuman for refund on Building Permit No. 14056 was approved in the amount of $3.40 as recommended by the Building Official. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea Refund - Peterson -Upon motion by Councilman Wilson, seconded by Councilman Smith, the request of M. L. Peterson for refund on Building Permit 14116 was approved in the amount of $22.10 as recaa- mended by the Building Official. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea ORDINANCE 359 Upon motion by.Councilman Pinkley, seconded by Councilman Second Reading Wilson, Ordinance No. 359, being AN ORDINANCE OF THE CITY Urgency -Gisler COUNCIL:_OF THE CITY OF COSTA MESA DESCRIBING AND DESIGNAT- Avenue and Cali- ING CERTAIN PORTIONS OF GISLER AVENUE AND CALIFORNIA STREET fornia Street IN THE CITY OF COSTA MESA AS THROUGH STREETS was given through streets second reading and adopted by the following roll call vote: as an urgency ordinance: AYES: Councilmen: Wilson, Smith, Pinkley., Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea Variance 884 Variance application No. 884, being the application of Roccio John W. Roccio, 15410 Lofthill Drive, LaMirada, to permit building of 5 units on 8,125 square feet of land area (1615 square feet per unit) at 5741Hamilton Street was again pre- sented having been deferred from the meeting of May 1, 1961. The Clerk again read the recommendations of the Planning Commission. Mr. Dan Holden -spoke as attorney for Mr. and Mrs. Roccio and stated that no agreement had been reached with the adjoining property owners with regards to a fence. Mrs. Roccio also spoke. Mr. Ericksen, 566 Hamilton, also spoke stating that he would be agreeable to putting in a fence with the Roccios. Mr. Holden again spoke and stated that he felt that requirement No. 3 for the fence on an adjoining piece of property owned by the Roccios was not legal. The City Attorney informed the Council that this adjoining piece of property had no connection with the variance request and the stipulation was not a reasonable one. After discussion both Mr. and Mrs. Roccio and Mr. Roy Erickson volunteered to the City at the open Council meeting that they will - (1) The applicant (Roccios) build a block wall fence for the distance of approximately one hundred forty feet (140 feet), the front one-half (2) of the property (AP 115-100-39). (2) Upon the completion of that portion of the block wall'fence Mr. Erickson will complete the remaining one-half (Lof the block wall fence from the Roccios portion -to the rear of the property. Both portions of the fence to be installed on the property line, 3 inches on each property. Thereupon it was moved by Councilman Wilson, seconded by Councilman Pinkley, and carried, that Variance 884 be approved subject to the recommendations of the Planning Commissionwith the exception of requirement No. 3 which was .deleted, and that a material consideration for the granting of the variance was the agreement between Mr. Erickson and the applicant made at the open Council session to each construct one-half of said fence within a reason- able time. ORDINANCE NO..330 Upon motion by Councilman Wilson, seconded by Councilman Rezone 118 Pinkley, Ordinance No. 330 being AN ORDINANCE OF THE CITY Second Reading COUNCIL OF THE CITY OF -COSTA MESA CHANGING THE ZONING OF A CERTAIN AREA SOUTH OF ADAMS AVENUE AND WEST OF HARBOR BOULEVARD FROM A-1 AND C-2 TO C -1-S was given second read- ing and adopted by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Smith' Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea ORDINANCE NO. 363 The Clerk read the request of the Costa Mesa Union School District First reading for vacation of certain street and alley rights of .way in. Vacation of cer- property owned by them in Block C, Tract 612 known as tain portions of Sterling Avenue. After discussion it was moved by Council - Sterling Avenue man Smith, seconded by Councilman .Pinkley, that first read- ing be given to Ordinance No. 363 being AN ORDINANCE OF THE CITY COUNCIL OF -THE CITY OF COSTA MESA DECLARING ITS INTENTION TO ORDER THE VACATION OF CERTAIN STREET AND ALLEY RIGHTS OF WAY IN PROPERTY OF THE COSTA MESA UNION SCHOOL DISTRICT WITHIN BLOCK "C" OF TRACT N0. 612 IN THE CITY OF COSTA MESA (Sets public hearing, July 3, 1961.). The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea RESOLUTION 846 Upon motion by Councilman Smith, seconded by Councilman Structural Fire Pinkley, Resolution No. 846,. being A RESOLUTION OF THE CITY exemption COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING THAT THE.CITY OF COSTA MESA HAS AN ORGANIZED FIRE DEPARTMENT IN OPERATION AND EXISTENCE WHICH PROVIDES ADEQUATE STRUCTURAL FIRE PROTECTION TO ALL PROPERTY WITHIN SAID CITY, AND AUTHOR- IZING PETITION TO BE FILED WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO HAVE PROPERTY WITHIN SAID CITY EXEMPTED FROM THE LEVY OF ANY COUNTY TAX TO PROVIDE STRUCTURAL FIRE PROTECTION, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Smith, Meyers NOES: .Councilmen: None ABSENT: Councilmen: Rea Public Hearing Upon motion by Councilman Smith, seconded by Councilman set for Vehicle Pinkley, and carried, public hearing was set for June 5, 19612 Parking District at 7:30 o'clock p.m. or as soon thereafter as possible in the I and II - 1961- Council Chambers of the City Hall for Vehicle Parking District 62 Budgets No. 1, 1961-62 Proposed Budget and for Vehicle Parking District No. 2, 1961 -62 -Proposed Budget. Costa Mesa Sanitary 'The proposed budget for 1961-62 for Management and District 1961-62 Operation of Costa Mesa Sanitary District was presented. Budget After study it was moved by Councilman Pinkley, seconded by'Councilman Wilson, and carried, that the budget of 1961-62 for Management and Operation of Costa Mesa Sanitary District be approved. .Tentative Tract Tentative Tract Map No. 4157, Study'Y, of M. Michael, 4157-"Y" 1685 Tustin Avenue, to divide Lots 611 and 612 of Michael Newport Mesa Tract into 31'lots, located on the northwest corner of West 16th Street and Pomona Avenue was presented together with the recommendation of the Planning Commission for approval subject to the follow- ing conditions: 1) That the Tract conforms to all the requirements of the City Engineer. 2) That vehicular ingress and egress for Lots 1 through 5 be subject to the approval of the Traffic Commission. 3) That Street "B" be improved 50 feet from curb to curb with 5 foot sidewalks to facilitate turn- movements. Mr. Michael was present and requested that the Council also con- sider his original proposal for Tract 4157, and ques- tioned not being able to -use Pomona for ingress and egress. After .a lengthy discussion it was moved by Councilman Smith, seconded by Councilman Pinkley, and carried, that the original Tentative Tract Map No. 4157 and Tentative:Tract Map 4157, Study "Y" be referred to the Traffic Commission for .their recommendations as to ingress and egress for lots on Pomona, and their report to be back to the Council for their regular meeting of June 5, 1961. Public Hearings Upon motion by Councilman Pinkley, seconded by Council - Set man Wilson, and carried, public hearing was set for the following for June 5, 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: 1. Precise.Plan.for the extension of Aster Place from Lilac Lane to 21st Street. 2. Request of Planning Commission for building setback lines on Lots 1-24, Tract 3662, Enterprise Street. 3. Request of Planning Commission for building setback lines, revised, on both sides of Harbor Boulevard, from Vest Wilson Street to Talbert Avenue. 4. Rezone Petition No. 133, initiated by the Planning Commission, to rezone from Al to R1, Lots 1 through 118 of Tract No. 4008, located between.Tract 3487 and the Costa Mesa boundary on the west, north of Adams. Right of Way Upon motion by Councilman Pinkley, seconded by Council - Deeds man Smith,.the following right of way deeds were received and -ordered placed on record by the following roll call vote: AYES:- Councilmen: Wilson, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea DATE. NAME FOR STREETS April 29, 1961 Elwood F. Phillips, Jerome Maple Avenue and Estel A. Harris May 1, 1961 Charles E. Jones and Alice M. Wilson Street Fuller May 1, 1961 Charles E. Jones and Alice M. Avocado Street Fuller The Mayor declared a ten minute recess and the meeting reconvened at 9:10 p.m. Variance 720-A Variance Application No. 720-A being the application of Smith Elsie L. Smith, 641 Cove Street, to permit continuation of operation of a beauty shop in the home at 641 Cove Street.was presented together with the recommendation of the Planning Commission for approval for a period of three years subject to the following conditions: 1) No employees; 2) No sale of merchandise on the premises. 3) No signs;_ 4) That the applicant police the off-street parking® After discussion, it was moved by Councilman Pinkley, seconded by Councilman Wilson, and carried, that the variance be approved subject to the recommendations of the Planning Commission. Variance 883 Variance application No. 883, being the application of Roven-Spiegel Milan Roven-and Abraham Spiegel, 5656 West Third Street, Los Angeles, to permit construction of a professional building in a Cl and R1 zone with yard encroachments as shown on the plot plan attached to and made a part of the variance, property located on the northwest corner of Fair Drive and Carnegie, and extending northerly on the west side of Carnegie, 200 feet was presented together with no recommendation from the Planning Commission. The following spoke in protest: Mrs. R. S. Morris, 2559 Ford- ham; R. V. McGregor, 222 Princeton, President of College Park Association who also presented petitions with 197 signatures in protest; Arthur Kitnick, 2338 -Fordham; Wilford Bailey, 443 Elmhurst; Jack Denardis, 2510 Carnegie; S. G. Sigraski, 463 Elmhurst; R. S. Lawrence. Mr. Paul Abrams spoke on behalf of the.applicants and explained the building to the Council. After a lengthy discussion it was moved by Councilman Smith, seconded by Councilman Wilson, that the variance be referred to the Traffic Com- mission for a report back at the meeting of June 5, 1961, on the ingress and egress on Carnegie Avenue and also on Fair Drive. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Meyers NOES: Councilmen: Pinkley ABSENT: Councilmen: Rea Variance.890 Variance application No. 890, being the application of Harper William K. Harper, 155 Rochester Street, Costa Mesa, to permit use of existing building for professional and com- mercial uses for (1) telephone answering service and (2) real estate brokers office at 155 Rochester Street, was presented, together with the recommendation of the Plan- ning Commission for approval subject to the following conditions: 1) That there will be a.maximum of two people used at any one time in connection with the Telephone Answering Service; 2) That there will not be more than one real estate broker with no salesmen; 3) That the off- street parking be under the Direction of the Director of Planning and that the gate to the parking area in the rear be kept open; 4) That commercial sidewalks and concrete driveway approach be installed by the applicant at his expense, in front of this property, under the .direction of the City Engineer and/or 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; 5) That a six inches by 18 inches , maximum sign.be allowed the Real Estate Broker. 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, and the City Attorney to prepare the neces- sary sidewalk agreement. Variance 891 Variance application No. 891, being the application of Buccola Investment G. D. Buccola Investment Company, 3700 Newport Boulevard, Company Newport Beach, California, to permit erection of a permanent illuminated 7 foot 5 inches by 17 inches sign on the roof of the Martinique Apartment Building at 275 East. 18th Street, Costa Mesa, was presented together with the recommendation of the Planning Commission for denial.as it is poor planning to allow signs of this type in•a residential area and they should be kept in commercial zones. The Clerk read a communication from N. E. Tompsett, Divisional Superintendent for Electrical Products who manufactured and installed the sign. The following spoke from the floor on behalf of the appli- cation: N. E. Tompsett and Jack Grey both of Electrical Products. Mr. H. B. Churchman, 273 Magnolia, spoke in protest: After discussion it was moved by Councilman Pin.kley, seconded by Councilman Wilson, and carried, that.the application be denied as recommended. Variance 892 Variance application No. 892; being the application of Lieb James Lieb, 1829 Iowa Street, Costa Mesa, to permit encroachment of 8.85 feet into required 20.85 foot rear setbackfor a dining room addition at 1828 Iowa Street was presented together with the recommendation of the Planning Commission for approval. After discussion it was -moved by Councilman Smith, seconded by Councilman Wilson, -and carried, that the application be approved subject to the recommendations of the Planning Commis- sion. Variance 895, Variance application No. 895, being the application of Potter John P. Potter, 248 Monte Vista to permit encroachment of 12.9 feet into required 21.4. foot rear yard setback for.family room, bedroom, and bath addition at 248 Monte Vista Street was presented together with the recom- mendation of the Planning Commission for approval subject to the following conditions: l) Two for one off-street parking under the direction of the Director of Planning; 2) Installation of residential sidewalks in front of this property by the applicant, -at his expense, under the direction of the City Engineer•, when Improvement District (Santa Ana Avenue) is completed, including concrete driveway approach. After discussion it was moved by Councilman Smith, seconded by Councilman Pinkley, and carried, that the application be approved, subject to the recommendations of the Planning Commission as listed on the enclosed copy of the application. Variance 896 Variance application No. 896, being the application of Terry Kenneth P. Terry, 2715 Villa Vista Way, Orange, to permit construction of 6 units on 9207.50 square feet of land area (approximately 1534 per unit) at rear of 2039 Wallace 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 supervision of the Director of Planning; 2) Dedication to the City of Costa Mesa of all land 30.00 feet from the center line of Palace Avenue for street purposes. After discussion it was moved by Councilman Wilson, seconded by Councilman Pinkley, and carried, that the application be approved subject to the recommendations of the Planning Commission as listed. Variance 897 Variance application No. 897 being the application of Akers Robert F. Akers, 279 Bowling Green Drive, to permit 4. foot encroachment into required 25 foot rear yard setback for a guest cottage at 279 Bowling Green Drive, was presented together with the recommendation of the Planning Commission for approval: Upon motion by Councilman Wilson, seconded by Councilman Smith, and carried, the application was approved. Variance 898 Variance application No. 898, being the application of G.M.C. Auction G.M.C. Auction Service, 2120 Harbor Boulevard, to permit Service use of existing building in a.C2 zone for an auction sales room at 2.120 (rear) Harbor Boulevard was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) On a trial basis for a period of one year; '2) Dedication to the City of Costa Mesa of all land 50.00 feet from the center line of Harbor Boulevard for street purposes; 3) Dedication to the City of Costa Mesa of all land 20.00 feet for alley purposes for a distance of 143.09 feet across the rear of the property described on the variance application in accordance with Division XV, section 9296.3 (Z-10) of the Municipal Code of the City of Costa Mesa; 4) Loud speakers to be used only inside the building. Mr. Gerald Stahr was present on behalf of the application and requested that conditions 2 and 3 be deleted inasmuch as he did not own the property but only leased it and could not therefore give the necessary dedications. The Council inquired if he would have any objection that there be no outdoor storage or display as an added stipulation to the variance.. After a length discussion it was moved by Councilman Smith, seconded by Councilman Wilson, and carried, that the variance be approved subject to the recommendations of the Planning Commission with the exception of item No. 3 which was deleted and with the added stipulation that there be no outdoor display or outdoor storage. PERMITS Upon motion by Councilman Smith, seconded by Councilman Fund raising Wilson, and carried, permit was granted to the Orange County Association for Retarded Childre d, P. 0. Box 1784, Santa Ana, to sell circus tickets by telephone solicitation, and Section 6914 (.j) was waived as requested. Upon motion by Councilman Pinkley, seconded by Councilman Smith, and carried, permit was granted to W. M. Regan and Associates to hold a Circus on July 30, 19612 2 performances at the Orange County Fairgrounds, sponsored by Orange County Association for Retarded Children. Upon motion by Councilman Pinkley,.seconded by Councilman Smith, and carried, permit was granted to Kerm Rima Hardware to hold Special Truck -Load Cargo Sales on the private parking lot at rear of store at 1844 Newport Boulevard, not to exceed six days, between May 15 and September 1, 1961. Upon motion by Councilman Wilson, seconded by Councilman Smith, and carried, with Councilman Pinkley voting noe and Councilman Rea absent, permit was granted to Foster Kleiser to replace four panels which are removed to: a single panel on the east side of Newport Boulevard, 205 feet south of Wilson; 2 roof panels on the northeast cornier of Newport Boulevard and 17th Street; a single panel on the east side of Harbor Boulevard, approximately 300 feet north of Bernard. Councilman Wilson left the Chambers at this point in the meeting. Upon motion by Councilman Pinkley, seconded by Councilman Smith, and carried, with Councilman Rea and Wilson Absent, that permit be granted to GMC Auction Service for four one - day auction sales on May 19, 1961, June 2, 1961, June 16, 1961, and June 30, 1961, to be conducted at 2120 Harbor Boulevard (Rear) and that a permanent yearly license at 2120 Harbor Boulevard be granted upon completion of all require- ments under Variance No. 898. Upon motion by Councilman Smith, seconded by Councilman Pinkley, and carried, permit was granted to the Costa Mesa Chamber of Commerce to have a motorcade of the Horseless Carriage Club of Orange County on May 20, at 11:00 a.m., subject to the approval of the Chief of Police. Councilman Wilson returned to the Chambers at this point. Warrant Resolution Upon motion by Councilman Pinkley, seconded by Councilman No. 252 Smith, Warrant Resolution No..252 including Payroll 169 was adopted by the following roll call vote: AYES: Councilmen: Wilson, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea, Written Communica- Upon motion by Councilman -Smith, seconded by Councilman tions Pinkley, and carried, the reports of the Alocoholic Alcoholic Beverage Beverage.Control for a persons to person transfer of off Control sale general for Irving Sulmeyer, receiver for Fox Markets, Incorporated, 175 East 17th Street, and new on -sale beer for Harvey E. and Lillis L. Leimbach, for the Three Wheels, 1830 Newport Boulevard. Randall Claim Upon motion by Councilman Wilson, seconded .by Councilman Amends Business Smith, and carried, the claim for damages of Robert Licenses Michael Randall was referred to the.City Attorney. City Managers Report The City Manager presented to the Council a proposed plan ORDINANCE NO. 364 to relieve the traffic situation on Harbor Boulevard at Parking Prohibited 19th Street, Victoria Street, and .Hamilton Street with left turn lanes. After discussion it was moved by Council- man Smith, seconded by Councilman Wilson, that first read- ing be given to Ordinance No. 364 being AN ORDINANCE OF ORDINANCE NO. 366 THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING SEC- First reading TION 3449 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA Food Handling TO PROHIBIT PARKING ON CERTAIN PORTIONS OF HARBOR BOULE- VARD. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea RESOLUTION,NO: 848 The City Manager explained to the Council Senate Bill Supporting Senate 765 as introduced by Senator Murdy for the re-routing Bill 765 of MacArthur Boulevard and stated he thought the re- routing would benefit the City by taking some of the traffic load away from Harbor and Newport Boulevards. After discussion it was moved by Councilman Pinkley, seconded by Councilman Wilson, that Resolution No. 848, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA URGING ADOPTION OF SENATE BILL NO. 765 RELAT- ING TO RE-ROUTING OF STATE HIGHWAY ROUTE 184 (MAC ARTHUR BOULEVARD)' be adopted. The motion carried by the follow- ing roll call vote- AYES: oterAYES: Councilmen: Wilson, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea The Council -also authorized the City Manager to go to Sacramento on behalf of the City in support of.this Bill. ORDINANCE NO. 365 The City Manager presented a proposed revision to the First reading Business License Ordinance. After discussion it was Amends Business moved by Councilman Wilson, seconded by Councilman Pinkley, Licenses that Ordinance No. 365, being AN ORDINANCE OF THE CITY OF COSTA MESA AMENDING THE LICENSE FEES FOR PROFESSIONS, RETAIL AND MANUFACTURING BUSINESSES, be given first read- ing. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea ORDINANCE NO. 366 The City Attorney presented a proposed Food -Handling First reading Ordinance to the Council and explained it. After dis- Food Handling cussion it was moved by Councilman Wilson, seconded by 1 I. 1 Councilman Pinkley that Ordinance No. 366 being AN ORDIN- ANCE OF THE CITY OF COSTA MESA, CALIFORNIA, REGULATING THE ISSUANCE OF PERMITS.FOR FOOD HANDLING BUSINESSES, be given first reading. The motion carried by the follow- ing roll call vote: AYES: Councilmen: Wilson, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea ORDINANCE NO. 367 The City Attorney informed the Council that at the present First reading there were no regulations on .the sale of fireworks within Sale of Fireworks the City. After discussion it was moved by Councilman Pinkley, seconded by Councilman Wilson, that Ordinance No. 367 being AN ORDINANCE -OF THE CITY OF COSTA MESA, CALIFORNIA, REGULATING THE SALE OF FIREWORKS IN THE CITY, be given first reading as -an urgency ordinance and that notice of second reading of said Ordinance on June 5, 1961, at the hour of 7:30 o'clock p.m. or as soon thereafter as possible in the Council Chamber of the City Hall be published. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea Adjournment Upon motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, the meeting adjourned at 11:32 p.m. Mayor'o± th of Costa Mesa g�" ATTEST City Clerk of the Ci of Costa Mesa Chief Deputy City Clerk