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HomeMy WebLinkAbout06/05/1961 - City CouncilREGULAR MEETING OF THE CITY COUNCIL - CITY OF COSTA MESA June 5, 1961 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 o'clock p.m., June 5, 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 Clifford Fugate. ROLL CALL Councilmen Present: Wilson, Smith, Pinkley, Meyers Councilmen Absent: Rea .Officials Present: City Attorney, City Engineer, Director of Public Works, Chief Deputy City Clerk Minutes Upon motion by Councilman Pinkley, seconded by Councilman May 15, 1961 Smith, and carried, the minutes of the regular meeting of May 15, 1961, were approved as written and previously dis- tributed. RESOLUTION 849 Upon motion by Councilman Wilson, seconded by Councilman Commending Costa Pinkley, Resolution No. 849, being A RESOLUTION OF THE CITY Mesa High Baseball- COUNCIL OF THE CITY OF COSTA MESA, COMMENDING THE.COACH AND Team BASEBALL TEAM OF COSTA MESA HIGH SCHOOL ON WINNING THE 1961 BASEBALL CHAMPIONSHIP OF THE ORANGE LEAGUE AND FOR THEIR EXCELLENT PERFORMANCE IN THE C.I.F. "CLASS A" PLAY-OFFS, was adopted 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 Budgets for Vehicle for the Public Hearing on 1961-1962 Fiscal Year Budgets Parking Districts for Vehicle Parking Districts No. 1 and No. 2. The Clerk No. 1 and No. 2 reported that notice of said hearing had been duly pub- lished and the affidavit was on file in his office. He - reported no written communications had been received. The Mayor then inquired if there were anyone present wishing to be heard. No one desiring to speak, it was moved by Councilman Smith, seconded by Councilman Pinkley, and carried, that the public hearing be closed. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Wilson that the 1961-1962 Fiscal Year Budgets for Vehicle Parking Districts No. 1 and No. 2 be adopted. 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 Precise Plan for for the Public Hearing on a precise plan for the exten- Aster Place sion of Aster Place from Lilac Lane to 21st Street. 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 communications had been received. He read the recommendation of the Planning Commission for approval of the Precise Plan. The Mayor then inquired if there were anyone present wishing to be heard. No one desiring to be heard, it was moved by Councilman Smith, seconded by Councilman Wilson, and carried, that the public hearing be closed. Thereupon it was moved by Councilman RESOLUTION 850 Pinkley, seconded by Councilman Wilson, that Resolution No. 850, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ADOPTING A PRECISE PLAN FOR THE EXTENSION OF ASTER PLACE FROM LILAC LANE TO 21ST STREET IN THE CITY OF COSTA MESA, be adopted. 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 Setbacks, for the Public Hearing on Proposed Building Setback lines Tract 3662 in Tract 3662. 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 communications had been received. He read the report of the Planning Commission for approval for a minimum setback of 12 feet from the front property line on Enterprise Avenue on Lots 1 through 24, Tract 3662, as shown on the plan attached to and mads a part of their recommendation. 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 Pinkley, and carried, that the public hearing be closed. Thereupon it was moved by Councilman Pinkley, seconded by Council - ORDINANCE 368 man Wilson, that Ordinance No. 368, being AN ORDINANCE First reading OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING BUILDING SETBACK LINES IN TRACT NO. 3662 IN THE CITY OF COSTA MESA, be given first 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 Revised setbacks for the Public Hearing on Revised Building Setback Lines Harbor Boulevard, for Harbor Boulevard from West Wilson Street to Talbert Avenue. 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 communications had been received. He read the report of the Planning Com- mission for approval as per plan dated June 5, 1961 as attached to their recommendation. 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. Thereupon it was moved by Councilman ORDINANCE 369 Pinkley, seconded by Councilman Smith that Ordinance No. 369, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING BUILDING SETBACK LINES ON THE EAST AND WEST SIDES OF HARBOR BOULEVARD BETWEEN WEST WILSON STREET AND TALBERT AVENUE IN THE CITY OF COSTA MESA, be given first 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 Rezone No. 133 for the Public Hearing on Rezone Petition No. 133, initiated Initiated by by the Planning Commission to rezone from Al to Rl, Lots Planning 1 through 118 of Tract No. 4008 located between Tract No. Commission 3487 and the Costa Mesa boundary on the west, and north of Adams Avenue. 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 communications had been received. He read the recommendation of the. Planning Commission for approval. 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 Smith, and carried, that the public hearing be closed. Thereupon it was moved by Councilman ORDINANCE 370 Pinkley, seconded by Councilman Smith that Ordinance No. First reading 370, being AN ORDINANCE OF THE.CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF LOTS 1 THROUGH 118 IN TRACT NO. 4008 OF THE CITY OF COSTA MESA FROM Al TO R1 be given first 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 Ordinance 367 for the Public Hearing on second reading of Ordinance No. Second reading 367, being AN ORDINANCE OF THE CITY OF COSTA MESA, CALIFORNIA, Fireworks REGULATING THE SALE OF FIREWORKS IN THE CITY. The Clerk regulations reported that notice of said hearing had been published and the affidavit was on file -in his office. He reported no written communications had been received. The Mayor then inquired if there were anyone present wishing to be heard: No one desiring to be heard it was moved by Councilman Pinkley-, seconded by Councilman Wilson, and carried, that the public hearing be closed. Thereupon it was moved by Councilman Pinkley, seconded by Council- man Wilson that Ordinance No. 367, be given second reading and be adopted as an Urgency Ordinance. The motion carried by the following roll call vote: AYES: Councilmen: .Wilson, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea RESOLUTION 837 It was moved by Councilman Wilson, seconded by Councilman Hearing Pinkley, and carried, that the public hearing on the June 19, 1961 Resolution of Intention No. 837 to sell certain properties declared excess be reset to June 19, 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. RESOLUTION 851 'Councilman Pinkley presented Resolution No. 851, being A Juke Boxes RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA DIRECTING AND AUTHORIZING THE DIRECTOR OF FINANCE TO ISSUE PERMITS -FOR THE INSTALLATION -AND TRANSFER OF JUKE BOXES' and moved its adoption. The motion was seconded by Council- man Wilson, and carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea REPORTS The City Attorney reported that he had received a written City Attorney request from the attorney for G. D. Buccola Investment Request for Company requesting the City Council to grant him permission appeal on to appear before them to present a request for reconsideration Variance 891 of their decision on Variance 891 for the erection of a permanent illuminated sign on the roof of the Martinique Apartment Building at 275 East 18th Street. After discussion it was moved by Councilman Pinkley, seconded by Councilman Wilson, and unanimously carried, that the request be denied and the Council's decision of May 15, 1961 remain. City Manager Upon motion by Councilman Pinkley, seconded by Councilman and City Attor- Smith, and carried, the City Attorney and the City Manager ney to draft- were instructed to draft a new Ordinance pertaining to signs new sign ordin- of all types erected in the City, that is more workable and anile understandable for all parties concerned. ORDINANCE 371 The City Attorney informed the Council that the Chief of first reading Police had requested an amendment to the municipal code on Reports of pawn the reports by pawn brokers or second hand dealers to be brokers changed from semi-weekly to daily. After discussion it was moved by Councilman Wilson, seconded by Councilman Pinkley, that first reading be given Ordinance No. 371 being AN ORDIN- ANCE OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 6301 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA REGARD- ING REPORTS BY PAWN BROKERS. The motion carried by the fol- lowing roll call vote: AYES: Councilmen: Wilson,Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea City Engineer The City Engineer informed the Council that the' improvements Tract 3470 in Tract 3470 had been completed in accordance with specifi- cations and recommended that the bond be exonerated. Thereupon 1 L it was moved by Councilman Smith, seconded by Councilman Pinkley, that the bond for Tract No. 3470 be exonerated. The motion carried'by the following.roll call vote: AYES Councilmen: Wilson, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea, Director of Public The Director of Public Works read the report of the Archi- Works Award of Fire tect_on the bids received for Fire Station Headquarters, and.his recommendation that the base bid and bids on all Station Headquar- proposals be accepted and the contract be awarded to Bani ters Bid to Bani Enterprises, Inc. The Director of Public Works recommended Enterprises, Inc. that Proposal No. 4.for the masonry wall at the West pro- perty line be deleted from the.contract, and that if awarded the contract, Bani Enterprises, Inc., to furnish the names, addresses, and phone numbers of all sub -contractors. He also informed the Council that the Architect recommended hiring of a full time resident inspector for the project. After discussion it was moved by Councilman Smith, seconded by Councilman Wilson that the contract for Fire Station Headquarters be awarded to Bani Enterprises, Inc. for the base bid and proposals No. 2 and No. 3, and that the Mayor and City Clerk be authorized to sign said contract on behalf of the City, when the Contractor has signed the contract and furnished the necessary bonds and information. The motion carried -by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea City Manager After further discussion it was moved by Councilman Smith, authorized to seconded by Councilman Pinkley, and carried, that the City employ Resident Manager be authorized to employ a Resident Inspector for a Inspector maximum period of five months, during the construction of Fire Station Headquarters, at the prevailing salary rate. Resolution 847 The Director of Public Works presented the request and recom- Yield Signs mendation of the Traffic Commission for installation of Yield Signs on Bucknell Road at Fordham Drive. Thereupon it was moved by Councilman Wilson, seconded by Councilman Pinkley that Resolution No. 847 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AUTHORIZING AND DIRECTING THE CHIEF OF POLICE TO INSTALL YIELD SIGNS ON BUCKNELL ROAD AT ITS INTER- SECTION WITH FORDHAM DRIVE, be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea Agreement with The Director of Public Works informed the Council that the County of Orange agreement between the City and the County of Orange for Soil on Soil Tests Tests and Material Control Tests will expire June 30, 1961; extended and it was desirable to continue the agreement. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Wilson, that the contract for Soil Tests and Material Control Tests for extension of the agreement to June 30, 1962 be approved, and the Mayor and City Clerk authorized to sign said agreement on behalf of the City. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea Refund -Imperial The Clerk read a request from Walter W. Methner, dba Imperial Sign Company Sign Company, 1412 East 16th Street, Costa Mesa, requesting a $23.00 refund on Business License No. 3018 due to a differ- ence between local business on gross receipts and fee paid as -, ./1 � .:�� til an out of City firm, together with the recommendation of the Director of Finance for refund of the 23.00. Thereupon it was moved by Councilman Smith, seconded by Councilman Wilson, that refund of $23.00 be granted to Imperial Sign Company on Business License No- 3018. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Meyers, Smith NOES: Councilmen: None ABSENT: Councilmen:. -Rea.. Departmental Upon motion by Councilman.Pinkley, seconded by Council- Second Reading man Wilson, and carried, the following departmental Rezone 128 -Jones reports were received and ordere-d:filed: Street, Pound - master, Planning, Fire, Police, Building Safety, and Director of Finance for nine permission letters of a non-profit nature. Audit Report Upon motion by Councilman Wilson, seconded by Council- man Pinkley, and carried, the report of the Auditors - on the period of July 1, 1960, through March 31, 1961, ORDINANCE 362 was accepted and ordered filed. ORDINANCE 360 Upon motion by Councilman Smith, seconded by Councilman Second Reading Wilson, Ordinance No- 360, being AN ORDINANCE OF THE Morales Annexa.;- CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE tions ANNEXATION OF CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO THE CITY OF COSTA MESA IN THE COUNTY OF ORANGE, KNOWN AND DESIGNATED AS "MORALES ANNEXATION", was given second reading and adopted by the .following roll call vote: ORDINANCE 363 AYES: Councilmen: Wilson, Pinkley, Smith, Meyers Second Reading NOES:. Councilmen: None Sterling Avenue ABSENT: Councilmen: Rea -ORDINANCE 361 Upon motion by Councilman Pinkley, seconded by Council - Second Reading man Wilson, Ordinance No. 361, being AN ORDINANCE OF THE Rezone 128 -Jones CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING.THE ZON- ING OF A PORTION OF LOT 17 AND A PORTION OF LOT 20, TRACT NO. 57, FROMIR4 TO R2 was given second reading, and adopted by;the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen:- Rea . ORDINANCE 362 Upon motion by Councilman Pinkley, seconded by Council - Second Reading man Wilson, Ordinance No.. 362, being AN ORDINANCE OF Auction Houses THE CITY OF COSTA MESA, CALIFORNIA, REGULATING AUCTION HOUSES, was given second reading and adopted by the following roll call vote: AYES: Councilmen: Wilson., Pinkley, Smith, Meyers NOES: Councilmen: .None ABSENT: Councilmen: Rea ORDINANCE 363 Upon motion by Councilman Smith, seconded by Councilman Second Reading Pinkley, Ordinance No..363,.being AN ORDINANCE OF THE Sterling Avenue CITY COUNCIL OF THE CITY -OF COSTA MESA_ DECLARING ITS Abandonment 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 was given second reading and, adopted by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea (Sets public hearing July 3, 1961.) 1 1 1 ORDINANCE 364 Upon motion by Councilman Pinkley, seconded by Councilman Second Reading Wilson, Ordinance No- 364 being AN ORDINANCE OF THE CITY Parking prohibited COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTION 3449 OF on certain portions THE MUNICIPAL CODE OF.THE CITY OF COSTA.MESA TO PROHIBIT of Harbor Boulevard PARKING.ON CERTAIN PORTIONS OF HARBOR.BOULEVARD was given second reading,and.adopted as an urgency ordinance by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Smith, Meyers - NOES: Councilmen: None ABSENT: Councilmen: Rea ORDINANCE 365 Upon motion by Councilman Smith, seconded by Councilman. Second Reading Wilson, Ordinance No- 365, being AN ORDINANCE OF THE CITY Amends Business COUNCIL OF THE CITY OF COSTA MESA AMENDING THE LICENSE Licenses FEES FOR PROFESSIONS, RETAIL AND MANUFACTURING BUSINESSES was given second reading and adopted as an urgency ordin- ance by the following roll call vote: AYES:. Councilmen: Wilson, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea - ORDINANCE 366 Upon motion by Councilman Pinkley, seconded by Councilman Second Reading Smith, Ordinance No. 366, being AN ORDINANCE OF THE CITY Food Handling OF COSTA MESA,.CALIFORNIA, REGULATING THE ISSUANCE OF PER- MITS FOR FOOD HANDLING BUSINESSES, 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 Tentative Tract Tentative Tract Map 4157, Study "Y" for M. Michael, 1685 4157 - Study "Y" Tustin Avenue, to divide property on the northwest corner Michael of West 16th Street and Pomona Avenue into 31 lots was again presented having been deferred from the meeting of May 15, 1961, to permit the Traffic Commission to make its report on the ingress and egress of the lots on Pomona. The Clerk read the report of the Traffic Commission of their recommendation at their meeting of May 24, 1961, as made a part of the request. Mr. Dwaileebee was present and discussed the proposed tract with the Council. After a lengthy discussion it was moved by Councilman Wilson that the Study.Y be approved subject to the recommendations of the Planning Commission and the following conditions: 1) The alley be made a one way, going in; 2) That there be no curb cuts on 16th Street or Pomona, except for Street "A"; 3) Street "B" be improved under the direction of the City Engineer, at the cost of the applicant. The motion died for the lack of a second. After further discussion it was moved by Councilman Wilson, seconded by Councilman Pinkley, that Tentative Tract 4157 - Study "Y" be denied. The motion failed to carry by the following roll call.vote: AYES: Councilmen: Wilson, Pinkley NOES: Councilmen: Smith, Meyers ABSENT: Councilmen: Rea The City Attorney informed the Council that this would automatically place Tentative_ Tract 4157 - Study "Y" back on Council Agenda at their next meeting. (Later in the meeting the Council voted to continue the matter to the meeting of July 32 1961.) Variance 883 Variance application 'No. 883 being the application of Milan Roven-Spiegel Roven and Abraham Spiegel to -permit construction of a profes- sional building in a Cl and R1 zone with yard encroachments as shown on the plot plan made a part of the application, located on the northwest corner of Fair Drive and Carnegie Avenue was again presented, having been deferred from the meeting of May 15; 1961, to get a report from the Traffic Commission on the ingress and egress on Carnegie Avenue and Fair Drive. The Clerk readthe' report of the Traffic Commission as discussed at their meeting on May 244,-1961. The following spoke from the floor in protest: Jack Cannon; R. P. McGregor; Arthur Kitnick; W. L. Bailey; J. Denardis. Mr. Abrams spoke on behalf of the applica- tion. No one else desiring to speak it was moved by Councilman Pinkley, seconded by Councilman Smith, and carried, that the public hearing be closed. The Council asked Mr. Abrams if he could present a master.plan of the area. Mr. Abrams stated that they had no concrete plans for the development at present and therefore could not furnish a master plan. After still further discuss- ion it was moved by Councilman Pinkley that the variance be denied. The motion died for the lack of a second. Thereupon after further discussion it was moved by Council- man Smith, seconded by Councilman Pinkley that Variance 883 be denied. The motion failed to carry by the follow- ing roll call vote: AYES: Councilmen:Smith, Pinkley NOES: Councilmen:Wilson, Meyers ABSENT: Councilmen: Rea The Mayor thereupon declared a ten minute recess and the meeting reconvened at 10:05 p.m.' Variance 883 and It was moved by Councilman Smith, seconded by Councilman Tentative Tract Wilson, and carried, with -Councilman Pinkley voting noe, 4157-"Y" to July that Tentative Tract 4157= Study "Y" and Variance 883 be 3, 1961 brought back on the agenda at the Council meeting of July 3, 1961. Rezone No. 130 Rezone Petition No. 130, initiated by the Planning Commis - Initiated by Plan- sion to rezone from R4 to Rl property located in the Ben- ning Commission eral area between East 18th Street and East 19th Street and between Orange Avenue and Tustin Avenue and between East 19th Street and East 20th Street and between Raymond and Fullerton was presented having been taken under sub- mission at the meeting of May 1, 1961, after the Public Hearing was closed. The Clerk read two letters of protest received after the May 1, 1961, meeting from George Buccola and Max Owen. After discussion it was moved by Councilman Smith, seconded by Councilman Meyers that ORDINANCE 372 Ordinance No. 372 being AN ORDINANCE OF THE CITY COUNCIL First Reading OF THE CITY OF COSTA MESA CHANGING THE ZONING OF A CER- TAIN AREA. LYING BETWEEN 18Th -AND 19TH STREETS AND BETWEEN ORANGE AND TUSTIN AVENUIS, AND BETWEEN 19TH AND 20TH STREETS AND BETWEEN FULLERTON AND RAYMOND AVENUES, FROM R4 TO Rl be given first reading. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Meyers NOES: Councilmen: Pinkley ABSENT: Councilmen: Rea Building Movings Applications for Building Moving Permits Nos.; 335 and 337 335 and 337 for L. Bernice Darch, 248 Victoria Street, Apt. No. 8, to Darch move a residence from 1664 Orange Avenue and a detached garage from 1664 Orange Avenue to 248 Victoria Street was presented, together with the recommendations of the Plan- ning Commission for approval subject to the following conditions:- 1) That the -applicant posts a total bond of $3,500.00 - a bond of $2,500 for the house and $1,000 for the garage. 2) All the requirements of'the Department of Building Safety. 3).That all land 40.00 feet from the center line of existing Victoria Street be dedicated to the City of Costa Mesa'by the applicant for street purposes. 4) That the buildings must be completed within 60 days after delivery. After discussion it was moved by Councilman Wilson, seconded by Councilman Smith, and carried, that the applications be approved subject to the recommendations of the Planning Commission. RESOLUTION 852 Upon motion by Councilman Snaith, seconded by Councilman City Engineer to Pinkley, Resolution No. 852, being A RESOLUTION OF THE Prepare report on CITY COUNCIL OF THE CITY OF COSTA MESA ORDERING.THE._CITY Street Lighting ENGINEER TO PREPARE AN ASSESSMENT DIAGRAM, PLANS, SPECI- FICATIONS, ESTIMATES AND REPORT PURSUANT TO THE PROVISIONS OF DIVISION 14, PART 1., STREETS AND HIGHWAYS.CODE, STREET LIGHTING ACT OF 1919, AS AMENDED, FOR THE FURNISHING OF ELECTRIC CURRENT AND FOR THE MAINTENANCE OF CERTAIN LIGHT- ING FIXTURES AND APPLIANCES IN SAID CITY FOR A PERIOD OF Agreement on use MONTHS,.BEGINNING NOVEMBER 1, 1961, AND ENDING OCTOBER 31, of Orange County 1962, was adopted by the following roll call vote: Jail for City AYES: Councilmen: Wilson, Pinkley, Smith, Meyers Prisoners NOES: Councilmen: None ABSENT: Councilmen: Rea RESOLUTION 853 Upon motion by Councilman.Pinkley, seconded by Councilman Project No. 1 Smith, Resolution No. 853, being A RESOLUTION OF THE CITY State Highway COUNCIL OF THE CITY OF COSTA MESA ADOPTING AND SUBMITTING Budget A BUDGET FOR EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES (Project Statement No. 1) was adopted by the -following roll call vote: AYES: Councilmen: Wilson, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea RESOLUTION 854 Upon motion by Councilman Wilson, seconded by Councilman Project No. E-4 Smith, Resolution No. 854 being A RESOLUTION OF THE CITY State Highway COUNCIL OF THE CITY OF COSTA MESA ADOPTING AND SUBMITTING Budget A BUDGET FOR EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES (Project Statement E-4) was adopted by the.following roll call vote: AYES: Councilmen: Wilson, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea Agreement on use The proposed agreement with the County of Orange on care of Orange County of city prisoners in the County of Orange Jail was presented. Jail for City After discussion it was moved by Councilman'Wilson, seconded Prisoners -'by Councilman Pinkley, and carried, that the agreement be approved and the Mayor and City Clerk authorized to sign said agreement on behalf of the City. Public Hearings Upon motion by Councilman.Wilson, seconded by Councilman Set for June 19, Pinkley, and carried, the following were set for public 1961 hearing on June 19, 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: 1. Building Setback lines for West 19th Street 2. Building Setback lines for Tract 3940 3. Rezone Petition 132, Newport Investments, Inc. 4. Rezone Petition 134, initiated by the Planning Commission Rezone No. 137 Upon motion by Councilman Wilson, seconded by Councilman Referred to Plan- Smith, and carried, Rezone Petition No. 137 for George ning Commission Fruehling, Robert Forbes and R. Plumleigh was referred to the Planning Commission for their recommendations. Right of Way Deeds Upon motion by Councilman Smith, seconded by Councilman Pinkley, the following right of way deeds were accepted and ordered placed on record by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT:_ Councilmen: Rea DATE NAME FOR STREETS 2 -61 A. L. and Ruth Gatterdam Elden Avenue 9-20-60 Kathleen and Gerald F. Lamp, Gerald Storm drain J. and Lynn E. Horton, J. M. and Joann between West - B. Watkins minster Place and Santo Tomas Lamp -Horton Agree- Upon motion by Councilman Pinkley, seconded by ment (Santa Ana Improve -Councilman Wilson, the.Agreement.,-between the. went District) City and Kathleen and Gerald F. Lamp and Gerald J. and Lynn E. Horton for a storm drain easement for payment of $25.00 to defray costs of execut- ing the.necessary documents, was approved, and the City Manager and City..Clerk authorized to sign said agreement on behalf of. the City, and payment of the $25.00 to the 'owners'. The motion carried by the following roll call vote:. AYES: Councilmen: Wilson, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea Variance No. 894 Variance application No. 894 being the application Remme of C. H. Remme, P. 0. Box 52, Tustin, to permit building of a detached carport 45 feet from the center line of Wallace Avenue instead of the required 65 feet with a distance of 5 feet to existing duplex instead of the required,6 feet with a 0 foot rear yard setback for the posts on the southerly side of carport at 755 West 20th Street, was presented to- gether with the recommendation of the Planning Com- mission for approval subject to the following: 1) That the existing carport meets all the requirements of the Costa Mesa .City Building Code and the require- ments of the Department of Building Safety. After discussion it was -moved by Councilman Pinkley, seconded by Councilman Wilson, and carried, that the applica- tion be approved subject to the recommendations of the Planning Commission. Variance No. 899 Variance application No. 899, being the application Doubledee of George L. Doubledee, 2962 Ceylon, to permit build- ing of a 6 foot high fence, 18 inches from the pro- perty line on Baker Street as shown on the plot plan attached to the application at 2962 Ceylon was pre- sented together with the recommendation of the Plan- ning Commission for approval. After discussion it was. moved by Councilman Wilson, seconded by Council- man Smith, and carried, that the application be approved subject to the recommendations of the Planning Commis- sion. Variance No. 900 Variance application No. 900, being the application of Chapman Roland Chapman, 2545 Santa Ana Avenue, to permit contin- ued use of existing rear building for a drapery shop at 2545 Santa Ana Avenue -(rear) was presented to- gether with the recommendation of the Planning Com- mission for approval subject to the following con- ditions: 1) For a period of six months, 2) No em- ployees, 3) No signs, 4) No retail sales on the prem- ises. After discussion it was moved by Councilman Pinkley, seconded by Councilman Wilson, and carried, that the application be approved subject to the recom- mendations of the Planning Commission. Variance No. 901 Variance application No. 901, being the application Kolco Construction of Kolco Construction Company, 437-A West 19th Street, Company to permit front and rear yard encroachments for single residences on Lots 1, 5, 7, 8, 10, 12 and 16 of Tract No. 3940 as shown on the plot plan made a part of the application, located on Fairway Drive, between Monte Vista and Brentwood was presented together with the recommendation of the Planning Commission for approval.' After discussion it was moved by Councilman Wilson, seconded by Councilman Pinkley, and carried, the application be approved. PERMITS Upon motion by Councilman Pinkley, seconded by Councilman Soap Box Derby Wilson, and carried, permit was granted to Cub Scout Pack 107 for holding the Soap Box Derby on June 10, 1961, and Pomona Street from 16th to 17th plus 150 feet beyond 17th Street be blocked off from 9 a.m. to 3 P.M. was approved, subject to the approval of the Chief of Police. Upon motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, permit was -granted to Music Matic Inc. for one juke box at Bill Martinis, 130 East 17th Street. Upon motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, permit was granted to Music Matic Inc. for one juke box at Diamond Jim's, 2052 Newport Boulevard. Upon motion by Councilman Wilson, seconded by Councilman Smith, and carried, with Councilman Pinkley voting noe, permit was granted for transfer of one sign to 17+5 New- port Avenue to Pacific Outdoor Advertising Company. Upon motion by Councilman Wilson, seconded by Councilman Smith, and carried, permit was granted to Jack Rouse and Son for a one day auction at Harbor Appliance Sales, 1877 Harbor Boulevard, on June 11, 1961. It was moved by Councilman Wilson, seconded by Councilman Meyers that permit be granted to Kennedy Outdoor Advertising Company for two signs one at 19521 Bristol and one at 20+1 Harbor Boulevard. The motion failed to carry by the follow- ing roll call vote: AYES: Councilmen: Meyers, Wilson NOES: Councilmen: Smith, Pinkley ABSENT: Councilmen: Rea Warrant Upon motion by Councilman Pinkley, seconded.by Councilman Resolution Smith, Warrant Resolution No. 253, incl7ading Payroll No. No. 253 170, was adopted by the following roll call vote: AYES: Councilmen: Wilson,_Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea Warrant Upon motion by Councilman Pinkley, seconded by Councilman Resolution Wilson, Warrant Resolution No. 254, was adopted by the follow - No. 254 ing roll call vote: AYES:" Councilmen: Wilson, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea Written Com- Upon motion by Councilman Wilson, seconded by Councilman munications Pinkley, and carried, the letter of Carl K. Boswell, Secretary of Board of Trustees and Superintendent of Costa Mesa Union School District thanking the City for their help in the recent Mesa Del Mar and Greenville Annexations was received and ordered filed. Upon motion by Councilman Wilson, seconded by Councilman Smith, and carried, the communications of the Church of the Nazarene regarding a on -sale beer and wine license for De Robertis at 625 West 19th Street was received and ordered filed. ORDINANCE 319 _ The City Attorney informed the Council that the revision requested First Reading in the new land use Ordinance had been made in the Ml zone and Land Use the Ordinance was now ready for first reading if they so desired. Thereupon it was moved by Councilman Wilson, seconded by Council- man Pinkley that Ordinance No. 319 be given first reading. There- upon the Mayor questioned the wording whereby the Council in order to overrule the Planning Commission on the denial of a variance must be a 4/5 vote. Thereupon after discussion Councilman Wilson withdrew his motion and Councilman Pinkley, his second, and it was moved by Councilman Pinkley, seconded by Councilman Wilson and carried that the requirement of a 4/5 vote in order to overrule the Planning Commission on the denial.of a variance be deleted in the proposed Ordinance. Thereupon it was moved by Councilman Wilson, seconded by Councilman Pinkley that first reading be given to Ordinance No. 319 being AN ORDINANCE OF THE CITY OF COSTA MESA AMENDING ARTICLE 2 OF CHAPTER IX OF.THE .. MUNICIPAL CODE OF THE CITY -OF COSTA MESA, ESTABLISHING LAND USE ZONING DISTRICTS AND THEREIN REGULATING THE USE OF LAND, HEIGHT OF BUILDING, AREA OF LOTS AND YARD SPACES: PROVIDING FOR THE ADOPTION OF A MAP DEFINING SAID LAND USE DISTRICTS AND SHOWING THE BOUNDARIES OF SAID DISTRICTS, PROVIDING FOR AMENDMENTS, ADJUSTMENTS AND ENFORCEMENTS, AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea Metropolitan The City Attorney presented to the Council the pro__ Transit posed Metropolitan Transit Authority bill now before the Authority State Legislature. After discussion it was moved by Bill Opposed Councilman Wilson, seconded by Councilman Pinkley, that the Chairman of the Committee as well as Senator Murdy be notified that the City of Costa Mesa is opposed to the Bill in its present form. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: Rea Transfer of The Director of Finance presented two requests for the Funds from City Manager of transfer of $100,000.00 from the General General Fund Fund to Capital Outlay Fund and $100,000.00 from the General Fund to Park Development Fund. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Wilson, that transfers be made from General Fund, $100,000.00 to Capital Outlay Fund and $100,000.00 to a Park Development Fund. 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 Smith, and carried, the meeting adjourned at 11:00 p.m. Mayor of of Costa Mesa ATTEST: City Clerk oftheCit of Costa Mesa Chief Deputes City Clerk