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HomeMy WebLinkAbout08/07/1961 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA August 7, 1961 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 o'clock p.m., August 7, 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 James Safstrom. ROLL CALL Councilmen Present: Wilson, Rea, Smith, Pinkley, Meyers Councilmen Absent: None Officials Present: City Manager, City Attorney, City Engineer, Director of Public Works, Chief Deputy City Clerk Minutes Upon motion by Councilman Wilson, seconded by Council - July 17,-1961 man Rea, and carried the minutes of the regular meeting Of July 17, 1961, were approved as written and previ- ously distributed. PUBLIC HEARING The Mayor announced that this was the time and place Change in Animal Zones set for the Public Hearing for proposed additions to the territory included within Animal Zone I. The Clerk reported that notice of said hearing had been duly published and the affidavit was on file in his office; he reported that the area had been posted as required and no written communications had been received. Thereupon the Mayor declared the hearing open and inqui- red if there were anyone present wishing to speak. Thereupon Mr. William Wilson, 1032 West 18th Street, - spoke requesting clarification of the zoning. No one else desiring to speak it was moved by Councilman Rea seconded by Councilman Pinkley, and carried, that the public hearing be closed. Thereupon it was moved.by Councilman Pinkley, seconded by Councilman Wilson, that first reading be given to Ordinance No. 385, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA REZONING CERTAIN AREAS WITHIN THE CITY FROM ANIMAL ZONE 2 TD ANIMAL ZONE 1. The motion carried'by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Rea, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING The Mayor announced that this was the time and place Rezone 140 set for the Public Hearing on Rezone Petition No. 140 Sparling-Dewey for Rhea R. Sparling and Constance R. Dewey, 306 Diamond Avenue, Balboa Island, to rezone from Cl -S to R4 pro- perty located on the north side of Baker Street, approx- imately 1325 feet easterly of the center line of Fair- view Road'and 825 feet westerly of the center line of Babb Street. The Clerk reported that notice of said hearing had been duly published and the affidavit was on file in his office. He read the recommendation of the Planning Commission for approval, and reported no written communications had been received. The Mayor thereupon declared the hearing open and inquired if there were anyone present wishing to be heard. No one wishing to be heard it was moved by Councilman Smith, seconded by Councilman Wilson', and carried that the hearing be closed. Thereupon it was moved by Councilman Wilson, seconded by Councilman Pinkley, that ORDINANCE -386 first reading be given to Ordinance No. 386 being AN First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF A CERTAIN AREA LYING BE- TWEEN FAIRVIEW ROAD AND BABB STREET, ON THE NORTH SIDE OF BAKER STREET, FROM Cl -S TO R4. The motion carried 1 L 1 by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Rea, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING The Mayor announced that this was the time and Rezone 143 place set for the public hearing on Rezone Petition Initiated by No. 143 initiated by the Costa Mesa Planning Com- Planning.Commission mission to rezone from R2 to R3 Lots 1 through 24 Tract 292+ located between Wallace Avenue and Pla- centia Avenue on the north side of West 18th Street and on the north and south sides of Scott Place. 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 communica- tions had been received. Thereupon the mayor in- quired if there were anyone present wishing to be heard. "Mrs. V-ivian Weaver and Mrs. Swengle spoke in protest. No one else desiring to be heard it was moved. by Councilman Wilson, seconded by Council- man Smith, and carried, that the public hearing be closed. Thereupon it was moved by Councilman Smith, seconded by Councilman Rea that first reading be. ORDINANCE 387 given to Ordinance No. 387 -being AN ORDINANCE OF THE First Reading CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF LOTS 1 THROUGH 24 OF TRACT NO. 2924 FROM .R2 TO R3. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Rea, Smith, Meyers NOES:- Councilmen: None ABSENT: Councilmen: None - PUBLIC -HEARING Changes in Santa Ana The Mayor announced that this was the time and place set for the Public Hearing on certain additions and Improvement District deletions to the Santa Ana Avenue Improvement District. The Clerk reported that all legal notices had been printed concerning Resolution of Intention No. 863 to make changes and stated that no written protests had been received. Thereupon the Mayor inquired if there were -anyone present wishing to be heard. No one desiring to speak it was -moved by Councilman Pinkley, seconded by Councilman Rea and carried that the public -hearing be closed. Thereupon it was moved by Councilman Wilson, RESOLUTION 867 seconded by Councilman Pinkley that Resolution No. 867 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING RESULTS OF HEARING ON RESOLUTION OF INTENTION TO MAKE CHANGES IN THE WORK PROPOSED TO BE DONE, OVERRULING PROTESTS, AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE CERTAIN CHANGES IN THE WORK PRO- POSED TO BE DONE IN THE IMPROVEMENT OF SANTA ANA AVENUE AND CERTAIN OTHER STREETS AND ALLEYS AND EASE- MENTS (ASSESSMENT-DISTRICT.NO. 8) be adopted. The motion carred by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Rea, Smith, Meyers NOES": Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING The Mayor announced that this was the time and place Precise Plan for.60 set for the Public Hearing on the precise plan for a foot street between proposed street 60 feet in width between Del Mar and Del Mar and Mesa Drive Mesa Drive running midway between and parallel with denied Elden Avenue and Orange Avenue along the rear of Lots 36 and 53, Tract 376. The Clerk"reported that notice of said hearing had been duly published and the affi- davit was on file in his office. He read a petition of -protest bearing 20 signatures and reported receiv- ing a telephone call just prior to the meeting from REPORTS The City Attorney presented a proposed agreement City Attorney between the City and George C. and Julia C. Woods Woods Agreement for right of way acquisition in connection with the Monrovia Avenue Monrovia Avenue Improvement District and recommended Improvement District to the Council that the agreement be approved. There- upon it was moved by Councilman Rea, seconded by Councilman -Wilson, that the agreement between the City and George C. and Julia C. Woods be approved. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Rea, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None City Engineer William F. Fuqua, 2662 Elden, protesting. He read Final Tract 1+232 the recommendation of the Planning Commission approv- K &.K Development i.n g: the precise plan. The Mayor then inquired if there were anyone present wishing to speak. Mr. C. R. Smith, 2646A Elden and a gentleman who owned pro- perty at 2650 Elden spoke in protest. No one else desiring to speak, it was moved by Councilman Pinkley, RESOLUTION N0. 868 seconded by Councilman Wilson, and carried, that the public hearing be. closed. After discussion it was moved by Councilman Pinkley, seconded by Councilman Rea,, that the precise plan be approved. The motion failed to carry by.the following roll call vote: AYES: Councilmen: Smith NOES: Councilmen: .Wilson, Rea, Pinkley,Meyers ABSENT: Councilmen: None PUBLIC HEARING The Mayor announced that this was the time and place Setbacks on Ford Road set for the public hearing on building setback lines of 30.00 feet from the center line of existing Ford Road from Harbor Boulevard to Parsons Street as per map attached to the recommendation. 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. Thereupon the Mayor -inquired if there were anyone present wishing to be heard. No one desiring to speak it was moved by Councilman Wilson, seconded by Councilman Rea and carried that the public hearing be closed. Thereupon it -liras moved by Councilman Rea, seconded by Councilman Pinkley that first reading be ORDINANCE 388 given to Ordinance No. 388 being AN ORDINANCE OF THE First Reading CITY COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING BUILDING SETBACK LINES ON BOTH SIDES OF FORD ROAD, FROM HARBOR BOULEVARD TO PARSONS STREET IN THE CITY OF COSTA MESA. The motion carried by the following roll call vote: AYES: Councilmen:_ Wilson, Pinkley, Rea, Smith.. Meyers NOES: Councilmen: None ABSENT: Councilmen: None REPORTS The City Attorney presented a proposed agreement City Attorney between the City and George C. and Julia C. Woods Woods Agreement for right of way acquisition in connection with the Monrovia Avenue Monrovia Avenue Improvement District and recommended Improvement District to the Council that the agreement be approved. There- upon it was moved by Councilman Rea, seconded by Councilman -Wilson, that the agreement between the City and George C. and Julia C. Woods be approved. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Rea, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None City Engineer The City Engineer presented Final Tract Map No. 4232 Final Tract 1+232 for K & K Development Company to subdivide 16.69 acres K &.K Development into 80 lots north of Baker and West of Babb together with a check in the amount of'$12,759.59, a bond in the amount of $110,200..00 and signed Agreement. There- upon it was moved by Councilman Pinkley, seconded by Councilman Wilson, that Resolution No. 868 being A RESOLUTION N0. 868 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE MAP OF TRACT N0. 4232 AND ACCEPT- . ING.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, Pinkley, Rea, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None I- I 1 Final Tract''4204 The City Engineer presented Final Tract Map No. 42o4 Mesa Del Mar for Mesa Del Mar Company to subdivide 25.97 acres into 103 lots on Fairview Road south of Baker together with a check in the amount of $17,072.98, a bond in'the amount of -$143;500..00 and signed Agreement. Thereupon it was moved by Councilman Pinkley, seconded by Council - RESOLUTION N0. 869 man Wilson, that Resolution No. 869 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE MAP OF TRACT NO. 4204 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 AGREE- MENT be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Rea, Smith, Meyers _NOES: Councilmen: None ABSENT:' Councilmen: None Final Tract 4285 The City Engineer presented Final Tract Map No. 4285 Mesa Del Mar for Mesa Del Mar Company to subdivide 23.37 acres into 99 lots on Bristol Street south of Baker together with a check in the amount of $15,704.16, a bond in the amount of $131,600.00, and signed Agreement. There- upon it was moved by Councilman Smith, seconded by RESOLUTION NO. 870 Councilman Pinkley, that Resolution No. 870 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE MAP OF TRACT NO. 4285 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, Pinkley, Rea, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Improvements in Santa The City Engineer informed the Council that the Howard Ana Avenue Storm Drain Sewer Company had. completed the construction of the accepted Santa Ana Avenue Storm Drain in accordance with Plans . and Specifications on July 20, 1961, and recommended that the Council accept the improvements as of that date. Thereupon it.was moved by Councilman Pinkley, seconded by Councilman Rea that the improvements in the Santa Ana Avenue Storm Drain as constructed by Howard Sewer Company be accepted. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Rea, Smith Meyers NOES: Councilmen: None ABSENT: Councilmen: -None- Tracts 3.03 and 3934 The City Engineer informed the Council that the improve - bonds exonerated ments in Tracts 3403 and Tract 3934 had been completed in accordance with Plans and Specifications and recom- mended the improvements be accepted and the bonds posted be exonerated. Thereupon it was moved by Councilman Smith, seconded by Councilman Rea, that the improvements in Tracts 3403 and 3934 be accepted and the bonds exonerated. Director of Public The Director of Public Works informed the Council that Works he had received a _r.equ-e;st from Bani Enterprises, Inc. Fire Station Head- contractor for the new Fire Station Headquarters request - quarters contractor ing they be permitted to substitute Bani Enterprises in lieu of Callison Concrete for concrete sub -contractor. Thereupon it was moved by Councilman Smith, seconded by Councilman Wilson, and -carried that Bani Enterprises be the sub -contractor for concrete. _A'4 Departmental Upon motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, the following reports for the departments were received and ordered filed: Director of Finance for 6 permit letters; Street Department Fiscal Report; monthly reports of Poundmaster, Building Safety, Planning, Street, Fire, and Civil Defense. ORDINANCE NO. 38o- Upon motion by Councilman Smith, seconded by Council - Second Reading man Wilson, second reading was given and Ordinance Setback lines.for No. 380 being AN ORDINANCE OF THE CITY COUNCIL OF street from Monte Vista THE CITY OF COSTA MESA ESTABLISHING BUILDING SETBACK to Del Mar LINES FOR A PROPOSED STREET EXTENDING FROM MONTE VISTA TO DEL MAR AVENUE IN THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Rea, Smith, Meyers NOES: Councilmen:: None ABSENT: Councilmen: None ORDINANCE NO. 381 Upon motion by Councilman Smith, seconded by.Council- Second-reading . an Wilson, second reading was given and Ordinance Rezone 137 No. 381 being AN ORDINANCE OF THE CITY COUNCIL OF Forbes, Fruehling, THE CITY OF COSTA MESA CHANGING THE ZONING OF A Plumleigh CERTAIN AREA LYING BETWEEN SCOTT PLACE AND CENTER STREET, AND BETWEEN PLACENTIA AVENUE AND WALLACE AVENUE FROM R2 TO R1+, was adopted by the following roll call vote: - AYES: Councilmen: Wilson, Pinkley, Rea, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE NO. 382 Upon motion by Councilman Rea, seconded by Councilman Second reading Wilson, second reading was given and Ordinance No. Rezone 138 382 being AN ORDINANCE OF THE CITY COUNCIL OF THE Initiated by Planning CITY OF COSTA MESA CHANGING THE ZONING OF A CERTAIN Commission AREA NORTH OF WILSON STREET BETWEEN FORDHAM DRIVE AND COLUMBIA DRIVE, AND SOUTH OF WILSON STREET ON BOTH SIDES OF AVALON STREET, FROM R2 TO Rl, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Rea, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE NO. 383 Upon motion by Councilman Wilson, seconded by Council - Second Reading man Rea, second reading was given and Ordinance No. Koll Annexation 383 being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY:CONTIGUOUS TO THE CITY OF COSTA MESA IN THE COUNTY OF ORANGE KNOWN AND DESIGNATED AS "KOLL ANNEXATION", was adopted by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Rea, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE NO. 384 Upon motion by Councilman Pinkley, seconded by Council - Second Reading man Rea, second reading was given to Ordinance No. 384 Speed Limits on being AN ORDINANCE OF THE CITY OF COSTA MESA AMENDING Certain Streets SECTIONS 3461 AND 3462 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA INCREASING AND DECREASING THE SPEED LIMITS IN CERTAIN ZONES, was adopted by the following roll, call vote AYES: Councilmen: .Wilson, Pinkley, Rea, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None 1 1 1 Variance No. 909 The Clerk read a request from N. M. Cohen, M.D., Cohen requesting withdrawal of his Variance No. 909. Withdrawn Upon motion by Councilman Smith, seconded by Councilman Rea and carried, Variance No. 909 was withdrawn as requested by the applicant. Variance No. 919 Variance application No. 919, being the application McGinnis of Wayne McGinnis, 10158 Vernon Avenue, Montclair, was again presented having been deferred from the meeting of July 17, 1961, to permit study of the area. The request was for building two units in addition to existing unit on 8000 square feet of land area at 211 Knox Place, and the Planning Com- mission had recommended denial. Mr. Richard Riopelle spoke from the floor in protest and informed the Council that he would have ready for the next Planning Commission meeting a petition requesting rezoning this area to Rl. Mrs. McGinnis spoke on behalf of their application.. The Director of Plan- ning informed the Council that a proposed rezoning for the area had been started by the Planning Com- mission. -Th - he Council thereupon asked Mrs. McGinnis would if she build one unit instead of the requested two. She stated she would prefer the two units. After further discussion it was moved by Councilman Rea that the recommendation of the Planning Commission for denial, be upheld. The motion died for the lack of a second. Thereupon it was moved by Councilman Pinkley, seconded -by Councilman Wilson, that.the variance be approved for one additional unit in addition to the existing dwelling. The motion -carried by the following roll call vote: AYES: Councilmen: Wilson, Pinkley,-Rea, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Newport Harbor Board The Clerk read a communication from Harry H. Frederick, of Realtors -License President of the Newport Harbor -Costa Mesa Board of Fees Realtors requesting they be placed on the City Council agenda to discuss the license fees in Ordinance No. 365 for Real Estate Brokers and Salesmen. Mr. Rod Lippold, attorney for the Board spoke in protest of the increase in fee as did several vealtors. After a lengthy discussion it was moved by Councilman Smith, seconded by Councilman.Rea, and carried, that the requested report by the City Manager be completed and presented to the Council on January 2, 1962, so that there will be ample time for discussion prior to the next licensing period. The Mayor declared a ten minute recess and the meeting reconvened at 9:35 p.m. Street Lighting District The City Manager presented the machine record list, Machine Record List being a duplicate.of the heretofore approved Street Lighting District Maintenance Assessment Roll, and stated that it had been compared with the roll and determined to be a true and correct compilation thereof, the total amount of the assessment being $124,184.78. Upon motion -by Councilman Smith, seconded by Councilman Rea, the machine record list was accepted, approved, certified, and ordered transmitted to the Auditor of Orange County by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Rea, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Fence Standards The City Clerk presented the proposed Fence•Standards RESOLUTION 871 as recommended by the Planning Commission. After dis- cussion it was moved by Councilman Wilson, seconded "by Councilman Rea, that -Resolution No. 871 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING, RATIFYING AND ADOPTING FENCE STAN- DARDS FOR THE CITY OF COSTA MESA, be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Rea, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTION NO. 872 The Clerk presented the proposed Industrial Standards Industrial Zone for the M1, Industrial Zone as recommended by the Standards Planning Commission. After discussion it was moved by Councilman Smith, seconded by Councilman Wilson, that Resolution No. 872 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ADOPTING INDUSTRIAL STANDARDS FOR THE Nil, INDUSTRIAL ZONE, IN THE CITY OF COSTA MESA, be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Rea, Smith Meyers NOES: Councilmen: None ABSENT: Councilmen: None Communication regarding The Clerk presented a request from the Los Alamitos thoroughbred racing Race Course requesting a resolution supporting their filed application for 14 days of thoroughbred racing before -the California Horse Racing Board... After discussion it was moved by Councilman. Smith; seconded by Council- man Wilson, and carried, that the communication be received and filed. Building Moving 345 Application for Building Moving Permit No. 345, for Chung John Chung, M.D., 209 East 18th Street, to move a duplex from 1785 Rogers Place to 195-A and B Tulip Lane was presented together with the recommendations of the Planning Commission for approval subject to the following conditions: 1) That the applicant posts a bond in the amount of $5,000.00; 2) That tandem parking be allowed for two parking spaces in addition to the double garage; 3) That the building be completed 60 days after date of delivery; 4) That an Agreement be signed by the applicant for the -installation of residential sidewalks and concrete driveway approach by the owner, at his expense, under the direction of the City Engineer, within three years or by partici- pation in a sidewalk improvement program, whichever is sooner. After discussion it was moved by Council- man Wilson, seconded by Councilman Rea, and carried, that the application be approved subject to the recom- mendations of the Planning Commission. Building Moving 346 Application for Building Moving Permit No. 346, for Laimbeer Peter H. Laimbeer, 1609 Baker Street, to move a residence from 2175 Orange Avenue to 2316 Elden Avenue was presented together with the recommendation of the Planning Commission for approval subject to the following stipulations: 1) That an Agreement be signed by the applicant for the installation of resi- dential sidewalks and concrete driveway approach by the owner, at his expense, under the direction of the City Engineer, within three years or by participation in a sidewalk improvement program, whichever is sooner; 2) Two for one off-street parking for the five units under the -direction of the Director of Planning; 3) That the applicant posts a bond in the amount of $350_0.00; 4) That the building be completed 60 days after date of delivery. Mr. Laimbeer was present and requested 1 that the bond be reduced to$2500.00. The Council inquired of the Building Official whether or not the bond could be lowered ar_d the Building Official recommended that the $3500.00 bond requirement remain. Thereupon it was moved by Councilman Wilson, seconded by Councilman Pinkley, and carried, that the application be approved subject to'the recommendations of the Plan- ning Commission. Public Hearings Upon motion by Councilman Smith, seconded by Council - Set August 21, 1961 man Rea, and carried, the following were set for public hearing on August 21, 1961, at 7:30 o'clock p.m. or as soon thereafter as possible in the.Council Chambers of the City Hall: 1) Rezone Petition No. 141, initiated by the Planning Commission to rezone from R1+ to AP property located in the general area on the north and south sides of Rochester Street and the east and west sides of Orange Avenue. 2) Rezone Petition No. 142, Opti Investment Company, 1872 Newport Boulevard, rezone from Ml to C2 property_ on the northwest corner. of St. Clair and Randolph Avenue. 3) Precise Plan for the proposed extension of Park Drive, 60 feet in width from its present terminus westerly to Pomona Avenue. RESOLUTION NO. 873 The Clerk reported that on the proposed Adams No. 3 Adams No. 3 Annexation Annexation to the City the report of the Orange County Boundary Commission on the boundaries had been received. Thereupon it was moved by Councilman Rea, seconded by Councilman Wilson that Resolution No. 873 being A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA OF INTENTION TO ANNEX A CERTAIN UNINHABITED AREA DESIGNATED AS "ADAMS N0. 3 ANNEXATION", AND GIVING NOTICE THEREOF be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Rea, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTION NO. 874 The Clerk reported that on the proposed River No. 2 River No. 2 Annexation Annexation to the City the report of the Orange County Boundary Commission on the boundaries had been received. Thereupon it was moved by Councilman Wilson, seconded by Councilman Pinkley that Resolution No. 874 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA OF INTENTION TO ANNEX A CERTAIN UNINHABITED AREA DESIGNATED AS "RIVER NO. 2 ANNEXATION", AND GIVING NOTICE THEREOF be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Rea, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None (Sets public hearing September 18, 1961) Monrovia Avenue Improve- The Clerk presented a proposed agreement with Laurence ment District J. Thompson, Assessment Engineer for the Monrovia Avenue L. Thompson employed as Improvement District. After discussion it was moved by Assessment Engineer Councilman Pinkley, seconded by Councilman Smith, that the agreement be approved and the City employ Mr. Thompson as Assessment Engineer for the Monrovia Avenue Improvement District, and the Mayor and City Clerk be authorized to sign said agreement on behalf of the City. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Rea, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Property Owners on In connection with the proposed Monrovia Avenue north side of West Improvement District Mr. -M. Luth presented a 19th Street meeting petition from property owners on the north side of West 19th Street between Placentia and Whittier requesting inclusion in the district subject to certain conditions which were read in full to the Council by the Clerk. The Attorney stated that under the 1911 Act certain of these conditions were not permissible.- After a lengthy discussion it was moved by Councilman Smith, seconded by Councilman Pinkley, and carried, that the signers of said petition meet with the City Manager, City Attorney, and City Engineer to discuss their requests and a report'be made to the Council at their next meeting on August 21, 1961., The City Manager inquired of those present if an evening meeting would be more convenient, and all agreed it would be. He stated that post card notices would be sent to those pro- perty owners concerned giving details of the meeting. RESOLUTION NO. 875 The City Attorney presented to the Council the pro - Monrovia Avenue. -Improve- posed resolution regarding the work in the proposed ment District Monrovia Avenue Improvement District. After dis- cussion it was moved by.Councilman Pinkley,-seconded by Councilmen Smith, Resolution No. 875 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, COVERING PRELIMINARY DETERMINATION OF THE LEGISLATIVE BODY UNDER "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931," DETERMINING THE GENERAL NATURE, LOCATION AND EXTENT OF THE PROPOSED WORK AND ACQUISITION, AND ORDERING THE PREPARATION OF A REPORT OF SAID IMPROVEMENT AND ACQUISITION, IN THE MATTER OF THE IMPROVEMENT OF MONROVIA AVENUE AND CERTAIN OTHER STREETS, ALLEYS AND EASEMENTS (ASSESS1+1ENT DISTRICT NO. -9), be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Right of Way Deeds Upon motion by Councilman Pinkley, seconded by Councilman Wilson, a minute resolution was adopted for the following right of way deeds accepting them and ordering them placed on record by the following roll call vote: AYES: Councilmen:- Wilson, NOES: ABSENT: DATE 8-3-61 8-2-61 7-31-61 Meyers Councilmen: None Councilmen: None NAME Aubrey L. and Thomas -V . and Robert S. and Pinkley, Smith, Rea, Anna M. Oliger Nora Dowd Frances S. Garder 7-30-61 James F. and Alice C. Simcock 7-25-61 M. K.. -and Edith A. Laurie 7-18-61 Lloyd L. and Lucille L. Fernandes 7-13-61 Herbert C. and Lilllan F. Sampson 7-20-61 Jacob and Ethel B. Bodenhofer 7-7-61 Early and Modern Firearms Co., Inc. FOR STREETS Thurin St. Orange Ave. Lot 113, Tr. 300 Drain Lot 113, Tr. 300 Drain Sunset Dr. Costa Mesa St. Santa Isabel Avenue Fullerton Ave. Sunset Dr. Wyner Claim for Upon motion by Councilman Wilson, seconded by Council - Damages man Rea, and carried, the Claim for Damages of Ronald G. Wyner in the amount'of $150.00 was denied and referred to the City Attorney and City insurance carrier. Variance No. 920 Variance application No. 920 being the application Shanks of Lane E. Shanks, 1130 Circle Drive, La Habra, to permit 1 1 1 M building 8 units on 11,9+8.53 square feet (net) of land area and an encroachment of 10 feet into required 50 foot front yard setback from the center line of 16th Place and a 15 foot encroachment into required 25 foot rear yard setback on the northwest corner of Westminster Avenue and 16th Place was presented to- gether with the recommendation of the Planning Com- mission for approval subject to the following stip- ulations: 1) That the proposed structure maintain a front yard setback of 50 feet from the center line of 16th Place instead of the 40 feet requested. 2) That two for one off-street parking be provided by the applicant with suitable screening and conformance with the required sight distance, under the direction of -the Director of Planning. 3) Dedication of 25 feet to the City of Costa Mesa for Westminster Avenue and the spandrel at the intersection of 16th Place and Westminster Avenue. 4) That Westminster Avenue, on the westerly side be improved with base, pavement curbs, and gutters and residential sidewalks and concrete driveway approaches by the applicant at his expense, under the direction of the City Engineer. 5) Dedica- tion of 2.5 feet along the rear of this property to the City of Costa Mesa for alley widening purposes and the improvement of this alley for a width of 17.5 feet and alength of 90.13 feet by the applicant, at his expense, under the direction of the City Engineer. 6) Installation of residential sidewalks and concrete driveway approaches on 16th Place by the applicant, at his expense, under the direction of the City Engineer. Mr. Cerf spoke requesting that the Council uphold the Planning Commission recommendation for the 50 feet from the center line of 16th Place to conform with the neighborhood. Mr. Watkins was present on behalf of the applicant. After discussion it was moved by Councilman Rea, seconded by Councilman Wilson, and carried, that the revised plans be approved subject to the recommend- ations of the Planning Commission. Variance No. 922 Variance application No. 922 being the application of American Sign and American Sign and Indicator Corporation, 635 South Indicator Corporation Kenmore, Los Angeles, to encroach 20 feet into a required 70 foot setback from center line of Baker Street for construction of a sign at 1491 Baker Street was presented together with the recommendation of the Planning Commission for approval subject to the following findings and condi- tions: Findings: 1) A hardship would be created by keep- ing this sign back the required distance from Baker Street as it would not be serving the public, for which this sign was intended, to give them the time and temperature. Condition: 1) That the owner signs an Agreement with the City of Costa Mesa that if this sign is ever to be removed it will be done at the owners expense. After discussion it was moved by Councilman Rea, seconded by Councilman Wilson, and carried, that the application be approved subject to the conditions of the Planning Com- mission. Variance No. 923 Variance application No. 923 being the application of Gonzales Fortunate Gonzales, 729 Weelo Drive, to permit building one additional unit (five existing) on 16,800 square feet of land area (2800 square feet per unit) was presented together with the recommendation of the Planning Commis- sion for denial as based on the following findings: 1) The applicant is strictly over -building the lot. 2) In- sufficient off-street parking. 3) Poor layout. 4), No hardship involved. Mrs. Vivian Weaver spoke in protest. After discussion it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the applica- tion be denied as recommended. Variance No. 924 Variance application No. 924 being the application of Suburban Enterprises Suburban Enterprises, 1311 Lurline Lane, Tustin, to permit construction of a restaurant with bar; 30 apartment unit; 50 foot encroachment into required 120 foot setback from center line of Bristol Street; and reduction in parking from 120 to 100 spaces, was presented together with the recommendation of the Planning Commission for approval based upon the following findings and subject to the following conditions: Findings: 1) This is. an awkwardly shaped piece of property. 2) To accomplish the ultimate widening of Bristol -Street there is an existing R4 buffer zone; and the applicant having willingly complied with the dedication and agreed to complete the improvements of said street to the maximum width, the commission finds that a hardship exists in this case. Conditions: 1) Dedication to the City of Costa Mesa of all ]and 60 feet from the center line of existing Bristol Street for street purposes. 2) That the off-street parking be under the direction of the Director of Planning. 3) That the applicant, at his expense, under the direction of the City Engineer, improves the westerly one- half of Bristol Street with base, pavement, curbs, gutters, commercial sidewalks and concrete driveway approaches and t1ad t this improvement extends to the northerly edge of the Flood Control Channel. After discussion it was -moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the application be approved subject to the conditions of the Planning Commission. Variance No. 925 Variance application No. 925 being the application of Holstein, Inc. George and William Holstein, Inc., 166 East 17th Street, to permit use of an entire lot zoned R4 for parking purposes at 177 Wells Place was presented to- gether with the recommendation of the Planning Com- mission based on the following findings and condi- tions: Findings: 1) There is a hardship in this case as the commercial development on East 17th Street in this block is lacking sufficient off-street parking. Conditions: 1) If either all or a portion -of this property is to be used for parking, the - existing structures must -be removed by the applicant, at his expense. 2) No ingress or egress from Wells Place for this lot. 3) Installation by the applicant, at his expense of'a fence or some type of screening along Wells Place, under the direction of the Director of Planning. 4) Installation by the applicant at his expense, of -an opaque wall between Lots 25 and 26, Tract 1113, for protection of the adjoining property owner (Lot 25) under the direction of the Director of Planning. 5) That ingress and egress to this parking lot be approved by the Director of Planning. 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. Subdivision 372 Subdivision application No. 372 being the application Paul of John J. Paul, 251 East 23rd Street, to divide the northi,resterly 90 -feet of Lot 324, Newport Heights Tract into four parcels; all be substandard in width, at 251 East 23rd Street, was presented together with the recommendation'of the Planning Commission forapproval subject to the follovi.ng condition: 1)_ That the old house and garage shown on Lots B and,D are to -be removed. Mr. Paul was present and'stated that the condition was agreeable with him. Thereupon it was-moved'by Councilman Pinkley, seconded by Councilman Rea, and carried, that the application -be approved subject to the recommendation of the Planning Commission. 1 J 7� PERMITS :Upon motion by Councilman Rea, seconded by Council- 1�Ton:=profit man Pinkley, ' and' carried, permit was granted to Boy Scout Troop 39 to sell tickets for a pancake breakfast on September 16, 1961, at the Costa Mesa Park, and section 6911 ( j ) was waived. Upon motion by Councilman Smith, seconded by Council- man Rea, and carried, permit was granted to Costa Mesa Kiwanis Club to solicit merchant advertising and ad- yance ticketsales for the Kiwanis Carousel put on by members at OrangeCoast College September 22 and 23, 1961, and section 6914 (j) was waived. Upon motion by'Councilman Rea, seconded by Council- man Wilson, and carried, permit was granted to Optimist Club of Costa Mesa, .Inc. to conduct the 7th Annual Optimist Circus at.the Fairgrounds on September 19, 1961, with advance ticket sales, and section 6914 (j) was waived. Dance Upon motion by Councilman Pinkley, seconded by Council- -man Wilson, and carried, the Council confirmed the approval of the City Clerk,of a one night public dance on Saturday, July,29, 1961, at the Fairgrounds for World Wide Attractions. Skill Games Upon motion by Councilman Smith, seconded by Council- man Pinkley, and carried, permit was granted to Cal Music Company for one skill game at 3 Wheels Bar at 1830 Newport Boulevard, subject to approval of Chief of Police. Upon motion by Councilman' Smith, seconded by Council- man Pinkley; and carried,.permit was granted to Automatic Games Incorporated for one skill game at the Mesa Club, 632 West 17th Street, subject to the approval of the Chief of Police. Carnival denied Request for a permit was presented from Sutton's Pacific Coast Shows, 2609 East Cortez, West Covina for a carnival at Fox Markets for 5 days, August 16-20, 1961. After discussion it was moved by Councilman Pinkley, seconded by Councilman Rea, and unanimously carried that the application be denied. Warrant Resolution Upon motion by Councilman Pinkley, seconded by Council - 259. man Wilson, Warrant Resolution No. 259 including Pay- roll No. 174 was adopted by the following roll call vote: AYES: _Councilmen:. Wilson, Smith, Pinkley, Rea, Meyers NOES: Councilmen: None ABSENT: -Councilmen: None Warrant Resolution Upon motion by Councilman Pinkley, seconded by Council - 260 man Wilson, Warrant Resolution No. 260 was adopted by, the following roll call vote: AYES: Councilmen: Wilson, Smith, Pinkley, Rea, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Written'Conmuni- Upon motion by Councilman Pinkley, seconded by Council - cations. man Wilson, and carried, the communication of the -State Division of Highways on relocation of a portion of MacArthur Boulevard was received and ordered filed. .Upon motion by Councilman Pinkley, seconded by Council- man Rea, and carried, communications from the following were received and ordered filed; League of Cities assignments on Jail charges; Southern Pacific Company thanking Council for the Resolution adopted; Burton E. Davis on survey of the Harbor area. Upon motion by Councilman Pinkley, seconded by Council- man Wilson, and carried, the communication of Miss Nettie Perry, 185 East Wilson Street, concerning work in the Santa Ana Avenue Improvement District was referred to the City Engineer. Upon motion by Councilman Rea, seconded by Council- man Smith, and carried, the communication of the Costa Mesa Investment Company requesting the Council to withdraw its protest on the issuance of an on -sale beer license at 720 Randolph Avenue was received and filed. Upon motion by Councilman Pinkley, seconded by Council- man Rea; and carried, the notification of the Boundary Commission of Santa Ana Annexation Warner and Salta N. and S. Annex was received and ordered filed. Alcoholic Beverage Upon motion by Councilman Smith, seconded by Council - Control man Pinkley, and carried, the City Attorney was directed to protest the following Alcoholic Beverage Control license requests - New off -sale general - Frank A. & Wanda J. Wish, 2885 Bristol Street New on -sale general - Bernadene B. Bachelor, 3006 Bristol New off -sale general - Baco Inc., 3029 Bristol and the following were received and ordered filed: New .on -sale general - Behm Carnes, Inc., 2831 Bristol Street New off -sale general - Costa Mesa Motel Inc., 2645 Harbor Boulevard New off -sale general - Stater Brothers Markets, 707 West 19th Street New off -sale beer and wine - Harvey J. Webb, 895 West 19th Street On -sale beer transfer - Gene G. Vinlove, 3011 Harbor Boulevard New off -sale general - Ferganchick and Zeller, 15+8 Adams Street New off -sale general - Jack Gill 250 East 17th Street On -sale beer and wine transfer - Fred Eppers, 2052 Newport Boulevard On -sale beer transfer - Carr and Jenkins, 2125 Harbor Boulevard On -sale general - Stanley G. Markin, 2059 Harbor Boulevard On -sale general - Boyer, Hanson and McVay, 1952 Irvine Avenue On -sale general - William Boyer, 1952 Irvine Avenue Night parking in Councilman Smith inquired of the Police Chief if it streets would be possible to take a survey of the number of cars parked on the streets between 2 a.m. and 4 a.m. and report back to the Council. He felt that this parking made it impossible for the street cleaner to get the streets cleaned. After discussion it was moved by Councilm n Smith, seconded by Councilman Wilson, and carried, that the Chief of Police be directed to make a survey of night parking and report back -to the Council. q vp RESOLUTION 876 It was moved by Councilman Wilson, seconded by Declaration for Councilman Smith that Resolution No. 876 being A Survival RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA 14ESA APPROVING.THE PROTECTION AND DEFENSE OF THE CONSTITUTION AND BILL.OF.RIGHTS.OF THE UNITED STATES.be.adopted-...,The_motion carried by the.following roll call vote: AYES: Councilmen Wilson, Smith, Pinkley, Rea, Meyers NOES: Councilmen: None ABSENT: Councilmen: None The Council requested the City Clerk to forward copies of this Resolution to Congressman Utt and Senators Engle and Kuchel. City Managers Re- The City Manager presented the proposed budget port of the City for the 1961-1962 Fiscal Year to the 1961-1962 Budget Council. After discussion it was moved by Council - set for hearing man Smith, seconded by Councilman Wilson, and carried, that the Budget beset for public hearing on August 21, 1961, at the hour of 7:30 o'clock p.m. or as soon thereafter as possible in the Council Chambers. The City Manager reported that copies of the budget were available to the public. RESOLUTION 878 The City Manager presented a proposed resolution Basic Salaries establishing the minimum and maximum rates for employees to the Council. After discussion it was moved by Councilman Rea, seconded by Councilman Wilson that Resolution No. 878 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING THE MINIMUM AND MAXIMUM RATES OF PAY FOR CITY.EMPLOYEES UNDER THE BASIC SALARY SCHEDULE AND ESTABLISHING THE SALARIES OF EMPLOYEES NOT PLACED ON THE BASIC SALARY SCHEDULE, be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Pinkley, Rea, Meyers NOES: Councilmen: None ABSENT: Councilmen: None (Said resolution to be effective August 1, 1961.) City Manager The City Manager requested permission of the City to proceed with Council to commence a number of programs as scheduled programs, for the forth coming year i.e. Civil Defense presen- tation to the citizens; week end building inspections and permit issuance; inservice training program for better services and public relations; and estimated the amount for these programs to be $'8,000.00. There- upon it was moved by Councilman Rea, seconded by Councilman Pinkley, and carried, that the City Manager be given the authority to go ahead with these programs as outlined. Library site at The City Manager informed the Council that a request had Baker and Mesa been given to the County of Orange to place a new library Verde Drive in the northwest section of the City around Baker and Adams but at this time the County could not purchase or lease land or buildings for this purpose in Costa Mesa. He stated that he had had contact with Andros Land Company concerning 1.3 acres on the southeast corner of Baker and Mesa Verde Drive across from the elementary school and two churches.-_ Upon contact with Land Ac- quisition Service they -had appraised the value of this property at $36,000.00, but that Andros Land Company would sell to the City the 1:38 acres for the sum of. $25, 000.00 -w th $10,000.00 down and $15, 000.00 payable in three equal installments of $5,000.00 annually plus 61% interest on the unpaid balance. After discussion it was moved by Councilman Wilson, seconded by Councilman Rea that the City Manager and City Attorney be authorized'to'proceed'with the purchase of said land'at the price and manner outlined and authorized to commence escrow pro- ceedings. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley Meyers NOES: Councilmen: None ABSENT: Councilmen: None Board of Examiners The City Manager informed the Council that under Plumbers appointed the new Uniform Plumbing Code a board of examiners Carlos and Gillman is established and he presented the names of Mr. Joe Carlos as a Master Plumber and Mr. Clyde. Gillman as a Journeyman Plumber. Thereupon.it was moved by Councilman Wilson, seconded by Councilman Pinkley, and carried that Mr. Joe Carlos and Mr. Clyde'Gillman be appointed to the Board of Examiners for Plumbers in the City of Costa Mesa. Request for survey The City Manager presented to the Council a letter of fly conditions from Donald Bell Farm Advisor of the Co-operative in northwest area Extension Work in Agriculture and Home Economics of the University of California concerning the fly problem in the northwest area of the city, and recommended that a survey be requested from the State Department of Public :Health;: Bureau of Vector Control in conjunction with the County of Orange; -City of Fountain Valley; and City of Huntington Beach. After discussion it was moved by Councilman Rea, seconded by Councilman Wilson, and carried that the City of Costa Mesa request the State Depart- ment of Public Health, Bureau of Vector Control, Berkeley, to survey the area. RESOLUTION 879 The City Manager presented to the Council a proposed Agreement with agreement zrith the County of Orange authorizing County on purchases for the City by the County of Orange Pur - Purchasing chasing Agent and recommended approval of the agree-' ment as it could mean a great saving on certain items purchased by the City. After discussion it was moved by Councilman Wilson, seconded by Councilman Rea, that Resolution No. 879 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AUTHORIZING PURCHASES OF CERTAIN ITEMS -TO BE MADE FOR THE CITY BY THE PURCHAS- ING AGENT OF THE COUNTY OF ORANGE, be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Pinkley, Rea, Meyers NOES: Councilmen: Nqne ABSENT: Councilmen: None Agreement with The City Manager presented to the Council a proposed County for radio agreement with the County of Orange on radio main - installation and tenance for the Street Department which would save maintenance the city money and provide better service. After discussion it was moved by Councilman Wilson, seconded by Councilman Rea, and carried that a minute resolution be adopted approving an agree- ment between the -County of Orange and the City of Costa Mesa for installation and maintaining radio equipment used by the City, and that the Mayor and City Clerk be authorized to sign said agreement on behalf of the City. RESOLUTION 877 The City Attorney informed the Council' -that Set Public Hearing in annexing a certain portion of the Sege-rstrom for abandonment of property the City acquired certain rights of certain rights of way that were not needed by the City and that way on Segerstrom the County of Orange had previously relinquished property title to portions of the same right of way and therefore he would recommend the City abandon these drainage and sewer easements. Thereupon it was moved by Councilman Rea, seconded by Council- man Wilson, that Resolution No. 877, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA DECLARING.ITS INTENTION TO ORDER THE VACATION OF_EASEMENTS. and setting public hearing for September 18, 1961, at the hour of 7:30 o'clock p.m. or as.soon thereafter as possible on the proposed abandonment of certain rights of way, be adopted. The motion was carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Pinkley, Rea, Meyers NOES: Councilmen: None ABSENT:. Councilmen: None_ 1 1 Adjournment Upon motion by Councilman Wilson, seconded by Councilman Smith, and carried, the meeting adjourned -at 11:42 p.m. a 1 A 44,- 0 -,/ a 4- Mayor of the i of Costa Mesa ATTEST: a City Clerk of the Cit 'of Costa Mesa