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HomeMy WebLinkAbout07/03/1961 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY.OF COSTA MESA July 3, 1961 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 o'clock p.m., July 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 William Acton. ROLL CALL Councilmen Present: Wilson, Rea, Smith, Meyers Councilmen Absent: Pinkley Officials Present: City Manager, City Attorney, City Engineer, Director of Public Works, Chief Deputy City Clerk Minutes Upon motion by Councilman Smith, seconded by Councilman June 19, 1961 Rea, and carried, the minutes of the regular meeting of June 19, 1961, were approved as written and previously distributed. PUBLIC HEARING The Mayor announced that this was the time and place set Abandonment of for the Public Hearing on the proposed Abandonment of portions of Block certain street and alley right of ways in property of the C, Tract 612 Costa Mesa Union School District within Block "C" of Tract No. 612 in the City of Costa Mesa. The Clerk re- ported that notice of said hearing had been duly pub- lished and that the property had been posted as required by law, and both affidavits were on file. The Mayor there- upon declared the hearing open. The Clerk reported no written communications had been received. The Mayor in- quired if there were anyone present wishing to be heard. No one desiring to be heard it was moved by Councilman Smith, seconded by Councilman Rea, and carried, that the public hearing be closed. After discussion it was moved by Councilman Wilson, seconded by Councilman Rea, that RESOLUTION 860 Resolution No. 860, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ORDERING THE VACATION OF CERTAIN STREET AND ALLEY RIGHTS OF WAY IN PROPERTY OF THE COSTA MESA UNION SCHOOL DISTRICT WITHIN BLOCK "C" OF TRACT NO. 612 IN THE CITY OF COSTA MESA, be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: Pinkley PUBLIC HEARING The Mayor announced that this was the time and place set Planning Com- for the Public.Hearing continued from the meeting of May mission Resolu- 1, 1961, on Planning Commission Resolution No. 13 for a tion 13 proposed 30 foot alley between West 19th Street and Center Hearing continued Street and between Placentia Avenue and Monrovia Avenue. to September 5, The Clerk reported no further written communications had 1961 been received. The Mayor inquired if there were anyone wishing to be heard. No one wishing to be heard and after discussion, it was moved by Councilman Wilson, seconded by Councilman Rea, and carried that the Public Hearing be continued to the meeting of September 5, 1961. PUBLIC HEARING The Mayor announced that this was the time and place set Rezone Petition for the Public Hearing on Rezone Petition No. 135 for 135 Patty Lumber Company, 1555 Placentia Avenue, Newport Beach, Patty Lumber to rezone from Cl -S to Cl, Lot 1, portion of Lot 2, west Company half of Lot 3, Lots 4 and 5, Block A, Berry Tract, as shown on a map recorded in Book 9, page 6, of Miscellaneous Maps, Records of Los Angeles County, California, located in the general area on the north side of Baker Street, from Fairview Road to Babb Street. The Clerk reported that notice of said hearing had been duly published and the affidavit of publication was on file in his office. 1 1 He read the recommendation of the Planning Commission for approval in accordance with the Agreement signed by Kenneth W. Koll, dated June 12, 1961, outlining the development of this property, subject to the approval of the City Attorney. The Clerk 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 Rea, seconded by Councilman Wilson, and carried, that the public hearing be closed. After discussion, it was moved by Councilman Rea, seconded ORDINANCE 377 by Councilman Wilson, that Ordinance No. 377, being First reading AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF AN AREA NORTH OF BAKER STREET AND EAST OF FAIRVIEW ROAD, FROM Cl -S TO C-1 be given first reading. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Meyers NOES: Councilmen: None ABSENT: Councilmen: Pinkley PUBLIC HEARING The Mayor announced that this was the time and the place Rezone Petition set for the Public Hearing on Rezone Petition No. 136, 136 for Costa Mesa Planning Commission to rezone from R4 Planning to C2 and AP, property located on the south side of Commission Cabrillo Street between Newport Boulevard and Fullerton Avenue, excepting the R4 lots on the west side of Fuller- ton between East 17th Street and Cabrillo Street. The Clerk reported that notice of said hearing had been duly published and the affidavit of publication was on file. 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 Wilson, seconded by Councilman Smith, and carried that the Public Hearing be closed. Thereupon it was moved by Councilman Smith, seconded by Councilman Rea, that ORDINANCE 378 Ordinance No. 378, being AN ORDINANCE OF THE CITY COUNCIL First reading OF THE CITY OF COSTA MESA, CHANGING THE ZONING OF AN AREA ON THE SOUTH SIDE OF CABRILLO STREET, BETWEEN NEWPORT BOULEVARD AND FULLERTON AVENUE FROM R4 TO C2 and AP, be given first reading. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Meyers NOES: Councilmen: None ABSENT: Councilmen: Pinkley REPORTS The City Attorney read in full to the Council the proposed City Attorney Ordinance establishing setbacks on East 18th Street be - ORDINANCE 379 tween Newport Boulevard and Orange Avenue, as requested First reading at the meeting of June 19, 1961. It was moved by Council - Setbacks, East man Wilson, seconded by Councilman Rea, that Ordinance No. 18th Street 379 being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING BUILDING SETBACK LINES ON EAST 18TH STREET BETWEEN NEWPORT BOULEVARD AND ORANGE AVENUE, be given first reading. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Meyers NOES: Councilmen: None ABSENT: Councilmen: Pinkley Public Hearing The City Attorney presented the proposed changes in the set for August Animal Zoning in the City, stating that certain portions 7, on changing of the City have now been built up so that the Animal Animal zones Zoning should be changed to Zone 1, and stated that a study had been made by the Planning Department showing the areas to be changed. After discussion it was moved by Councilman Rea, seconded by Councilman Wilson, and carried that Public Hearing be set for August 7, 1961, at the hour of 7:30 o'clock p.m. or as soon thereafter as possible, in the Council Chambers of the City Hall for proposed changes in the zoning of certain areas from Zone 2 to Zone 1 for animals. 1 1 Y Right of Way Upon motion by Councilman Smith, seconded by Councilman Deed Rea, upon recommendation of the City Attorney, a right SAID -Martinez of way deed dated May 6, 1961, from Florencio V. and Pauline Martinez for Elden Avenue was accepted and or- dered placed on record by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Meyers NOES: Councilmen: None ABSENT: Councilmen: Pinkley Santa Ana Avenue Improve- The City Attorney informed the Council that the Sully - Miller Contracting Company and their subcontractors, ment District were being harassed by the Santa Ana Heights Water Com - Harassment of pany in connection with certain installations in the Santa Ana Heights Santa Ana Avenue Improvement District, and read to the Water District Council a communication dated June.28, 1961, to the Sully -Miller Contracting Company and to their subcon- tractors concerned, written by the City Attorney in- forming them that any demands, claims, requests or complaints made upon them by the Santa Ana Heights Water Company should be turned over to the City of Costa Mesa for action. After discussion it was moved by Councilman Wilson, seconded by Councilman Rea that the letter of the City Attorney be ratified and directed the City Clerk to send a copy of said letter to the Santa Ana Heights Water Company. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Meyers NOES: Councilmen: -None ABSENT: Councilmen: Pinkley Variance 891 The City Attorney informed the Council that he had received Buccola a request for Variance 891 of the George D. Buccola Invest - Previous Action went Company, 3700 Newport Boulevard for permission to rescinded and erect a permanent illuminated 7 foot 5 inches by 17 foot Variance approved sign on the roof of the Martinique Apartment Building at 275 East 18th Street, to again be presented before the Council for reconsideration. A representative of the applicant was present andrequested permission for the sign to remain for twenty-six (26) months to recover the cost of the sign which had been erected in error. After dis- cussion it was moved by Councilman Smith, seconded by Councilman Wilson, and unanimously carried, that the Coun- cil action of May 15, 1961, for denial, and their action for denial of the appeal on June 5, 1961, be rescinded and the Variance be approved for a period of twenty-six (26) months. (September 3, 1963.) Director of The Director of Public Works informed the Council that Public Works Bani Enterprises, Inc. had requested permission to change Fire Station their sub -contractor on Plumbing in the construction of Headquarters the Fire Station Headquarters to A-1 Master Plumbing and Bani Enter- Heating Company of Anaheim. Upon motion by Councilman prises, change Rea, seconded by Councilman Wilson, and carried, per - of sub -con- mission was granted for the change of the Plumbing sub - tractor contractor. Departmental The Council read a communication from the Building Building Moving Official recommending exoneration of the cash bond of 333 Parks bond exonerated J. W. Parks on Building Moving Application 333 as all required conditions had been completed. Thereupon it was moved by Councilman Smith, seconded by Councilman Wilson, that the cash bond of $1,500.00 for J. W. Parks be exonerated as recommended. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Meyers NOES: Councilmen: None ABSENT: Councilmen: Pinkley Monthly reports Upon motion by.Councilman Rea, seconded by Councilman Smith, and carried, the departmental reports for the month of June from Building Safety, Planning and Street, were received and ordered filed. ORDINANCE 327 Upon motion by Councilman Wilson, seconded by 2nd reading Councilman Smith, Ordinance No. 327, being AN Rezone Petition ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 114 Scott COSTA MESA CHANGING.THE ZONING OF A PORTION OF LOT,10, FAIRVIEW,FARMS FROM.R4 TO C2 was given second reading and adopted by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Meyers NOES: Councilmen: None ABSENT: Councilmen Pinkley ORDINANCE 373 Upon motion by Councilman Wilson, seconded by 2nd reading Councilman Smith, Ordinance No. 373 being AN OR - California Gas DINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Transmission . MESA, GRANTING TO.CALIFORNIA GAS TRANSMISSION COMPANY, Company franchise A CALIFORNIA CORPORATION, ITS SUCCESSORS -AND ASSIGNS, THE FRANCHISE TO CONSTRUCT,MAINTAIN, OPERATE, RENEW, REPAIR, CHANGE THE SIZE_OF AND REMOVE OR ABANDON IN PLACE A PIPE LINE, NEENI CESSARY OR CONVENT' FOR THE GRANTEE'S BUSINESS IN, UNDER, OVER, ALONG, OR ACROSS CERTAIN PUBLIC STREETS, ALLEYS AND WAYS DEDICATED TO PUBLIC USE IN THE CITY OF COSTA MESA was given second reading and adopted by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Meyers NOES: Councilmen: None ABSENT: Councilmen: Pinkley ORDINANCE 374 Upon motion by Councilman,Wilson, seconded by Council - 2nd reading man Smith, Ordinance No. 374 being AN ORDINANCE OF THE Setbacks, Tract CITY COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING 3940 BUILDING SETBACK LINES FOR LOTS 2, 3,1�, 5, 7, 9,11,13,11}, 15,17 and 18 OF TRACT NO. 3940, was given second reading and adopted by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Meyers NOES: Councilmen: None ABSENT: Councilmen: Pinkley ORDINANCE 375 Upon motion by Councilman Smith, seconded by Council - 2nd reading man Rea, Ordinance No. 375, being AN ORDINANCE OF THE Setbacks, West. CITY COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING 19th Street BUILDING SETBACK LINES FOR WEST 19TH STREET BETWEEN HARBOR BOULEVARD AND PLACENTIA AVENUE IN THE CITY OF COSTA MESA was given second reading and adopted by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Meyers NOES: Councilmen: None ABSENT: Councilmen: Pinkley ORDINANCE 376 Upon motion by Councilman Smith, seconded by Councilman 2nd reading Wilson, Ordinance No. 376, being AN ORDINANCE OF THE CITY Rezone 134 COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING Planning OF AN AREA BETWEEN 22ND STREET AND MONTE VISTA STREET AND Commission BETWEEN ORANGE AVENUE AND SANTA ANA AVENUE FROM R4 to R1 was given second reading and adopted by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Meyers NOES: Councilmen: None ABSENT: Councilmen: Pinkley Permit granted to Upon motion by Council Wilson, seconded by Councilman Kennedy Outdoor Smith, permit was granted to Kennedy Outdoor Advertising Advertising Company, 1759 Cota Avenue, Long Beach, for two signs, Company one at 19521 Bris=tol and one'at 20+1 Harbor Boulevard. Tentative Tract x+232 Tentative Tract Map 4232 for K.W. Koll, 1555 Placentia Avenue, Newport Beach, to divide property between Paul - K. W. Koll arino Avenue and Baker Street, west of Babb Street, into 80 lots, was again presented, having been deferred from the meeting of June 19, 1961. The Clerk read the rec- commendation of -the Planning Commission for approval of 1 Study "X" subject to the requirements of the City Engineer as outlined in his letter of June 12, 1961, and that the street names be under the direction of the Director of Planning. Mr. Koll eras present on behalf of his request._ After discussion it was moved by Councilman Wilson, seconded by Councilman Smith, and carried, that Tentative Tract 4232 be approved subject to the recommendations of the Planning Com- mission. Building Moving Application for Building Moving Permit No. 340, 340, Variance 910 Evelyn F. Green, P.O.' Box 456, Costa Mesa, to move Evelyn Green an office building from 1980 Harbor Boulevard to 134 East 18th Street, was again presented, having been referred back to -the Planning Commission at the meeting of June 19, 1961, at.the request of the applicant. Variance No. 910 for permission to en- croach 15 feet into required.50 foot front yard set- back from the center line of East 18th Street, for an office building to be moved in on property at 134 East 18th Street, in a Cl zone wa.s also again presented. The Clerk- read the recommendations of the Planning, Commission on Building Moving 340, dated June 26, 1961, for approval subject to the following conditions: 1) That the applicant posts a bond, subject to the requirement of the Department of Building Safety, that within a five (5) year period the applicant will remove this building at her expense. -2) All the requirements of the Depart- ment of Building Safety. 3) That the applicants post a $4,000.00 bond. 4) That the building will be completed 60 -days after date of delivery. He also read the recommendations _of the Planning Com- mission on Variance 910, dated June 26, 1961, res- cinding their action of denial of June 12, 1961, and recommended approval subject to the installation of commercial sidewalks by the applicant, at her expense, under the direction of the City Engineer. Mrs. Green was present. The Council discussed with the City Attorney requirement No. 1 on the Building Moving. Upon motion by Councilman Smith, seconded by Councilman Rea, and unanimously carried, Building Moving application 340, was approved, with requirement No. l deleted, subject to all other requirements of the Planning Commission, and Variance 910, was ap- proved, subject to the recommendation of the Planning Commission. It was moved by Councilman Wilson that the records of past Building Movings be checked for details on those denied, and that then certain revisions be made in the Building Moving Ordinance. The motion died for the lack of a second. Tentative.Tract Tentative Tract Map No. 4157-Y for M. Michael, 1685 4157-Y Tustin Avenue, to divide lots 611 and 612 Newport Mesa M. Michael Tract, into 31 lots, located on the northwest corner of West 16th Street and Pomona Avenue was again presented, having been deferred from the meeting of June 5, 1961. The Clerk read the recommendation of the Planning Com- mission for approval subject to the following 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 feet sidewalks to facilitate turn movements. He also read the recommend- ation of the Traffic Commission on ingress and egress on Pomona Avenue as outlined in their communication of June 1, 1961. Thereupon it was moved by Councilman Rea, I that the Tentative Tract be approved subject to the recommendations of the Planning Commission. The motion died for the lack of a second. Mr. Dwailebee, the applicant, was present, and discussed the Tract with the Council: After still further discussion it was moved by Councilman Smith, seconded by Councilman Rea, that Tentative Tract Map No. 4157-Y be approved subject to.the recommendations of the Planning Com- mission and the Traffic Commissions -.,recommendations for curb cuts on Pomona Avenue as set forth in their letter of June 1, 1961, and that the Traffic Commission be directed to make"a survey of traffic conditions on 16th Street, and all ingress and egress on 16th Street to be approved by the Traffic Commission. The motion carried by the following roll call vote:' AYES: Councilmen: Wilson, Smith, Rea, Meyers NOES: Councilmen: None ABSENT: Councilmen: Pinkley Variance 883 Variance application No. 883, for Roven-Spiegel, 5656 Roven-Spiegel West 3rd Street, Los Angeles, to permit construction of a professional building in a C1 and R1 zone with yard encroachments as shown on the plot plan attached to and made a part of. the variance, to be located on the north- west corner of Fair Drive and Carnegie, was again presented, having been deferred from the meeting of June 5, 1961. The Director of Planning presented a proposed alternate plan. Mr.' Abrams, applicant, was present and stated they did not wish a one story building as alternate and wished Council action on the plan proposed with the Variance application. After discussion it was moved by Councilman Wilson, seconded by Councilman Rea, that the application be denied. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith NOES: Councilmen: Meyers ABSENT: Councilmen: Pinkley The Mayor declared a ten minute recess and the meeting reconvened at 9:05 p.m. RESOLUTION 861 The Clerk read a communication from the City of Anaheim Orange County on their Resolution 696+ urging study and comparison of League of Cities cost to the County of Orange of providing county services to Study costs to to Cities and unincorporated areas. After discussion it cities and other was moved by Councilman. Smith, seconded by Councilman areas for ser- Wilson that the Council action of June 5, 1961, approving vices by Orange the contract between the City and the County relating to County the care of City prisoners in the County Jail be rescinded and that Resolution No. 861, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA REQUESTING THAT THE LEAGUE OF CALIFORNIA CITIES OF ORANGE COUNTY MAKE A STUDY AND COMPARISON OF THE REALTIVE COST TO THE COUNTY OF ORANGE OF PROVIDING COUNTY SERVICES TO INCORPORATED CITIES IN ORANGE COUNTY AND THE COST OF PROVIDING COUNTY SERVICES TO UNINCORPORATED AREAS OF ORANGE COUNTY, be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: Pinkley Transfer of The request of Kenneth W. Koll, 1555 Placentia Avenue, Variance 886 Newport Beach, for transfer of Variance No. 886 from John to K.W. Koll T. Clark and Associates for a 102 unit Trailer Park on the southwest corner of West 17th Street and Monrovia Avenue, was presented together with the recommendation of the Planning Commission for approval of the transfer with the same stipulations as required when the variance was approved - for Mr. Clark. After discussion it was moved by Councilman Smith, seconded by Councilman Wilson, and carried, that the transfer of Variance 886 be granted with the stipulations of the Planning Commission. Building Movings Building Moving applications :341 and 342 for Jacob 341 and 342 Bodenhoefer, 1920 Fullerton Avenue, to move a.dwell- Bodenhoefer ing and detached garage from 1783 Rogers Place to 1920 Fullerton Avenue, was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) Subject to the requirements of the Department of.. Building Safety. 2) That the applicant posts. a bond of $3,500.00 for the dwelling and $1,000.00 for the garage. '3) That the applicantdedicates to the City of Costa Mesa for street purposes 5 feet on Fullerton and the spandrel on the southwest corner of Fullerton and Costa Mesa Street. 4) That the buildings will be completed 60 days after date of delivery. After discussion it -was moved by Coun- cilman Rea, seconded by Councilman Smith, and carried, that the applications be approved subject to the recom- mendations of the Planning Commission. Record of Survey Record of Survey for George D. Buccola, 3700 Newport Buccola Boulevard, Newport Beach, to divide property described Lot 117 -Tract 300 as a portion of Lot 117, Tract 300, into five parcels, located on the northeasterly side of Brentwood Street, was presented together with the recommendation of the Planning Commission for approval subject to the re- quirements of the City Engineer and subject to the follow- ing conditions: 1) Installation of residential side- walks by the applicant, under the direction of the City Engineer, at the applicant's expense. 2) Installation of street lights by the applicant at his expense, under the direction of the City Engineer. After discussion it was moved by Councilman Smith, seconded by Councilman Rea, and carried, that the Record of Survey be approved subject to the recommendations of the Planning Commission. Public Hearings Upon motion by Councilman Wilson, seconded by Councilman Set Rea, and carried, Public Hearings -were set for 7:30 Rezone.137 o'clock p.m. or as soon thereafter in the Council Chambers Rezone 138. of the City Hall on July 17, 1961, for the following: Setbacks Tract 1. Rezone Petition 137, Fruehling, Forbes and Plumleigh 300 and -376. to rezone from R4 to R2 property located between Scott Place and Center Street and between Placentia Avenue and Wallace Avenue. 2. Rezone Petition 138, initiated by the Planning Com- mission to rezone from R4.to R1 property located in the general area on the north side of West Wilson between Fordham Drive and Columbia Drive and between Avocado Street and West Wilson Street, on both sides of Avalon Street. 3. Establishment of Building Setback Lines on -Lots 69- 78, Tract 300 and Lots 1-5, Lots 26-30, Tract 376 for a proposed street. Referred to Upon motion by Councilman Rea, seconded by Councilman Planning Com- Wilson,and carried, Rezone Petition No. 140 for Opti mission -Rezone Investments Inc., to rezone from Ml to C2 property lo - Petition 140 cated on the northwest corner of St. Clair and Randolph Avenues was referred to the Planning Commission for their recommendation. Right of Way Upon motion by Councilman Smith, seconded by Councilman Deeds Rea, the following right of way deeds were accepted and ordered placed on record by the following roll call vote DATE NAME FOR STREETS 7-30-61 Reginald R. & Dorothy F. Quiroz Sunset Drive 6-29-61 Patricia L. Norris Sunset Drive 6-29-61 Myron & Lillian Grant Sunset Drive 6-30-61 T.T:Imoto, Dean -C. Bradford .Hal Lehman, and W.E.Fisher E. 17th St. & Alley DATE NAME FOR STREETS 7-29-61 Marilyn & William A. Huscroft,Jr,.B�­_Ave. 1-18-60 James R.,& Callie E. Shelton Sts-. A&B- Monrovia Imp. 2-2-60 William W. & Sylvia F. Guthrie Sts, A&B- : Monrovia Imp. 1-21-60 Barbara E. & George P. Forteville Sts. A & B Monrovia Imp. Variance 768-A - Variance application No. 768-A, being the application Dike and Colegrove of -Dike and Colegrove, Inc. 1533 Baker Street, to permit continuation of the use of one tract sign to advertise the first sale of homes and lots in Tract 36+8, located on the tract itself, was presented together with the ratification of the Planning De- partments approval for a period of one year or until the homes are sold in the tract, whichever is sooner, subject to the requirements of the Department of Building Safety, and that said sign is to be removed by the applicant, at his expense, at the end of one year, and an Agreement to this effect shall be signed by the ap- plicant subject to the approval of the City Attorney. After discussion it was moved by Councilman Wilson, seconded by Councilman Smith, and carried, that the application be approved subject to the recommendation of the Planning Department as ratified. Variance 906 Variance application No. 906 for Joe T. Morales, 13837 Morales Baker Avenue, to permit establishment of a retail rest- aurant in an Al, general agricultural district, at 13837 Baker Avenue, was presented together with the recommend- ation of the Planning -Commission for approval subject to the following conditions: 1) Subject to annexation to the City of Costa Mesa; 2) Subject to Engineering, Build- ing Safety and Fire Department regulations; 3) That curbs, gutters and sidewalks be installed by the ap- plicant, at his expense, under the direction of the City Engineer, and concrete driveway approaches. The City Clerk read a letter in protest from Mr. and Mrs. D. H. O'Halloran, 13812 Paularino. Mr. and Mrs. O'Halloran, both also spoke in protest of the Variance. Mr. Walter V. Lemmer spoke on behalf of the applicant. After dis- cussion it was moved by Councilman Smith .that the variance be deferred to July 17, 1961 for further study. The motion died for the lack of a second. Thereupon it was moved by Councilman Wilson, seconded by Councilman Rea, that -Variance 906 be approved subject to the recommend- ations of the Planning Commission. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Meyers NOES: Councilmen: Smith ABSENT: Councilmen: Pinkley Variance.912 Variance application No. 912 for Bea Irwin and Martha Irwin -Hawkins Hawkins, 1911 Orange Avenue, to permit building a fourth unit on 10,752.42 square feet of land area (2688.10 square feet per-unit) with an encroachment of 20 feet into re- quired 25 foot rear yard setback at 1913 Orange Avenue was presented, together with the recommendation of the Planning Commission for denial. After discussion, and no one wishing to be heard, it was moved by Councilman Rea, seconded by Councilman Wilson, and carried, that the recommendation of the Planning Commission for de- nial be upheld. Variance 913 Variance application No.. 913 for Paul E. Whitman, 196+ Whitman Continental Avenue, Costa Mesa, to permit encroachment of 2 feet into required 5 foot side yard setback for addition of garage and storage room to existing carport attached to residence at 1961+ Continental Avenue, was presented together with the recommendation of the Planning Commission for approval. Thereupon it was moved by Councilman Smith, seconded by Councilman Rea, and carried, that the application be approved. Variance 914 Variance application No. 914 for Dale L. Kersh, Kersh 2616 Willo Lane, to permit encroachment of 25 feet into required 25 foot rear yard setback (0' rear yard setback) for the construction of an,indus- trial building at 991 West 19th Street, was pre- sented together with a letter from the applicant requesting withdrawal for further study. The Council.discussed the intent.of the letter and upon motion by Councilman Rea, seconded by Council- man Wilson, and carried, the application was de- ferred to July 17, 1961, and the City Clerk in- structed to contact the applicant as to his inten- tions in the letter. Variance 915 Variance application 915 for Richard W. Cornell, Cornell 1660 Whittier Avenue, to permit addition of two over -night trailer spaces to existing trailer park at 1660 Whittier Avenue, was presented, together with the recommendation of the Planning Commission for approval subject to the Trailer Park Ordinance and the requirements of the Department of Building Safety. After discussion it was moved by Council- man Wilson, seconded by Councilman Rea, and carried, that the application be approved, subject to the recommendations of the Planning Commission. Variance 916 Variance application 916 for Pacesetter Homes, In - Pacesetter Homes corporated, 1600 West Coast Highway, Newport Beach, Incorporated to permit a temporary 6 foot by 15 foot SF sign (on site) for initial sale of homes in Tract No. 4115 with an encroachment of 4 feet into 50 foot required front yard setback from center line of street at 2073 Santa Ana Avenue, was presented together with the ratification by the Planning Commission of the Plan- ning Director's recommendation for approval for one year or until the homes in Tract 4115 are sold, which- ever is sooner, subject to the requirement of the Department of Building Safety, and that said sign is to be removed by the applicant, at his expense, at the end of one year, and an Agreement to this effect shall be signed by the applicant subject to the ap- proval of the City Attorney. Variance 917 Variance application 917, for Robert L. DeRuff, 510 DeRuff 31st Street, Newport Beach, to permit encroachment of 9 inches into the required front and rear yard setback of 11.2 feet for construction of single family residences on Lots 2, 5 and 9, Tract No. 1+050, located at 307 and 325 East 20th Street and 300 Alva Lane, was presented together with the recommendation of the Plan= ning Commission for approval subject to the following conditions; 1) That the building setback from the front property line on Lot 9, Tract 4050 meet the traffic safety requirements under the direction of the Director of Planning. After discussion it was moved by Councilman Wilson, seconded by Councilman Smith, and carried, the application was approved subject to the recommendations of the Planning Commission. Permits Upon motion by Councilman Smith, seconded by Councilman Fund Raising Rea, and carried, permit was granted to Southern California Multiple,Sclerosis Chapter, National Multiple Sclerosis Society for a mail campaign and a door-to-door march from Thursday evening, August 24, 6 to 9 p.m. through Sunday, August 27, at 4 p.m. and Section 6914 (j) of the Municipal Code was waived. Yearly Dance Upon motion by Councilman Smith, seconded by Councilman Rea, and carried, permit was granted to Dicks Horseshoe for a yearly dance license at 239+ Newport Boulevard, subject to the approval of the Chief of Police. Yearly Dance Upon motion by Councilman Smith, seconded by Councilman Rea, and carried, permit was granted to Three Wheels for a yearly dance license at 1830 Newport Boulevard, subject to the approval of the Chief of Police. One night Upon motion by Councilman Smith, seconded by auction Councilman Wilson, and carried, permit was granted to C.C.P. Auction Service, for a one night auction at 1661 Superior Avenue for their own stock on July 7, 1961. New and Used Upon motion by Councilman Wilson, seconded by Plumbing supplies Councilman Rea, and carried, permit was granted to Kenneth Hansen for new and used plumbing supplies at 2672 Neiiport Boulevard, with all materials to be under cover. Warrant Upon motion by Councilman Smith, seconded by Resolution 256-A Councilman Wilson, Warrant Resolution No. 256-A including Payroll 172 was adopted by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Meyers NOES: Councilmen: None ABSENT: Councilmen: Pinkley Warrant_ Resolution Upon motion by Councilman Smith, seconded by 256-B Councilman Wilson., Warrant Resolution No. 256-B was adopted by the following roll call vote: AYES: Councilmen Wilson, Smith, Rea, Meyers NOES: Councilmen: None ABSENT: Councilmen: Pinkley Warrant Resolution Upon motion by Councilman Smith, seconded by 257 Councilman Wilson, Warrant Resolution No. 257 was adopted by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Meyers NOES: Councilmen: None ABSENT: Councilmen: Pinkley Alcoholic Beverage Upon motion by Councilman Smith, seconded by Councilman Control Applications Rea, and carried, the City Attorney was instructed to Attorney to protest protest the new on sale beer application for Harriston Fenn -Tracy T. Fenn and Edward J. Tracy, Jr., at 1700 Placentia Avenue because itis an Ml zone. Filed Upon motion by Councilman Rea, seconded by Councilman Smith, and carried,'the following applications were received and ordered filed: Eldon L. Cleveland new off sale general at 750 St. Clair Street; Jack T. Feeny, dba Hub Delicatessen for new off sale general at 1664 Newport Boulevard; Barbara K. Cox, Box C. Cox, James V. DeMera Jr., and A. Thomas Ferdinandi dba Me -N -Ed's Pizza Parlor for new on sale beer at 410 East 17th Street; Ray Murphy for new off sale general at 2052 Newport Boulevard; Frank E. Melin for new off -sale general at 2003 Harbor Boulevard. Newport Harbor - The Clerk read a communication from Harry H. Frederick, Costa Mesa Board of President, Newport Harbor -Costa Mesa,Board of_Realtors Realtors request to requesting that Ordinance 365 be amended to delete amend Ordinance 365 Real Estate Salesmen from Section 6203.3. Mr. Frederick was present and spoke explaining the request. After a lengthy discussion it was moved by Councilman Smith, seconded by Councilman Wilson, and carried, that the City Manager study the costs further and come up with a painless solution. Seidel -License Upon motion by Councilman Wilson, seconded by Fees Councilman Smith, and carried, the communication of William D. Seidel, M.D., 357 West Wilson Street on the increased license fees was received and ordered filed. American.Municipal Upon motion by Councilman Smith, seconded by Congress Councilman Wilson, and carried, the communication of the American Municipal Association extending an invitation to the 38th annual Americal Municipal Congress in Seattle, Washington from August 26-30, 1961, was received and ordered filed. Races at Orange Upon motion by Councilman Smith, seconded by County Fairgrounds Councilman Rea, and carried, a petition containing to be investigated three signatures requesting that the permit of by Police Chief the Orange County Speedway for races on the Orange County Fairgrounds be revoked was referred to the Chief of Police for investigation and report back to the City Council on July 17, 1961. City Wide Bicycle Upon motion by Councilman Smith, seconded by Activity -use of Councilman Rea, and carried, Council ratified Park Avenue the use of Park Avenue between 18th and Center Streets for a City Wide Bicycle Activity and the blocking off of Park Avenue between 8:00 a.m. to 12:00 noon on July 1,-1961. Oral Communications The Mayor inquired if there were anyone present Robert Platt of wishing to be heard on some item not on the agenda. Southern Pacific Thereupon Mr. Robert C. Platt, of the Southern Pacific Company, 417 Pacific Electric Building, Petition to Inter- Los Angeles, was present and spoke to the Council vene adopted on Southern Pacific's proposal for control of Western Pacific Railroad in California, and their presentation of said proposal before the Public Utilities Commission. He informed the Council that the Santa Fe Railroad is also trying to secure control and therefore requested the Council to adopt a Resolution or petition for leave to intervene in support of Southern Pacific. After lengthy discussion, it was moved by Councilman Wilson, seconded by Council- man Smith that Petition of City of Costa Mesa, Califor- nia, for leave to intervene, be adopted, and the Mayor and City Clerk be authorized to sign said petition on behalf of the City. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Meyers NOES:' Councilmen: None ABSENT: Councilmen: Pinkley Adjournment Upon motion by Councilman Rea, seconded by Councilman Smith, and carried, the meeting adjourned at 10:55 p.m. CZ i y • lty of Costa Mesa ATTEST goo City Clerk of the City of Costa Mesa Chief ®eputy City Clerk