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HomeMy WebLinkAbout10/16/1961 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA October 16, 1961 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 o'clock p.m., October 16, 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 Russell Gabler. 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 Smith, seconded by Councilman October 22 1961 Rea, and carried, the minutes of the regular meeting of October 2, 1961, were.approved as written and previously distributed. OPENING OF BIDS The Mayor announced that this was the time and place Santa Isabel set for the opening of bids for constructing a storm Storm Channel drain and structures in the'Santa Isabel Storm Channel. The Clerk reported that four bids had been received. The bids were then publicly opened, read, and declared as follows: NAME AMOUNT ECCO $ 65, x+88. oo K E C Company 55,425.45 A. H. Famularo 592965.11 Paul H. Suckow 52,718.51 Reference is hereby made to the bids on file with the City Clerk for all details as to unit prices and kind and class of work to be done. Upon motion by Councilman Smith, seconded by Council- man Pinkley, and carried, the bids were referred to _ the City -Engineer for check and report back to the - = Council at the next regular meeting. Minute Resolution Councilman Pinkley informed the Council that the Newport Commending Board Harbor -Costa Mesa Board of Realtors had won the California of Realtors Real Estate Association Perpetual Award for Education and Professional Achievement and showed the silver trophy to the Council, together with the scrapbook which won the award for the Board. He thereupon moved that a minute resolution be adopted - WHEREAS, The California Real Estate Association annually conducts an Achievement Book Contest to encour- age a permanent record of the accomplishments of local Real Estate Boards; and WHEREAS, the Newport Harbor -Costa Mesa Board of Realtors, in open competition with 37 entrants, has won the California Real Estate Association Perpetual -Award for Education and Professional Advancement, together with possession of the massive silver trophy denoting the achievement; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Costa Mesa that the Newport Harbor -Costa Mesa Real Estate Board be, and it is hereby, formally commended for its exceptional achievement, and this Council hereby expresses its appreciation of the contri- bution of the Real Estate Board to the advancement of the City of Costa Mesa. The motion was seconded by Councilman Smith and carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None L C PUBLIC HEARING The Mayor announced that this was the time and place River No. 3 Annexa- set for the public hearing on proposed River No. 3 tion Annexation to the City of Costa Mesa. The Clerk reported that notice of said hearing had been duly published and the affidavit was on file in his office. He reported that notices had been sent to all property owners and no.written communications had been received. Thereupon the Mayor inquired if there were anyone pre- sent wishing to speak. Mr. Bailey Chapman was present and requested information as to the exact location of the annexation and was shown a map by the City Engineer. No one else wishing to speak it was moved by Councilman Smith,'seconded by Councilman Wilson, and carried, that the public hearing be closed. Thereupon it was moved ORDINANCE N0. 4o4 by Councilman Wilson, that Ordinance No. 404 being AN First Reading 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 "RIVER NO. 3 ANNEXATION"" be given first reading. The motion was seconded by Councilman Pinkley, and carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING The Mayor announced that this was the time and place set Vacation of easement for the public hearing on vacation of a certain easement Portion of Lot 212 covering a portion of Lot No. 212 of Newport Heights Newport Heights tract as set by Ordinance No. 395• The Clerk reported that notice of said hearing had been duly published and the affidavit was on file in his office and the property had been posted as required by law and affidavit. of said posting 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. There- upon Mr. Hirtler, 4+5 Lenwood, requested the location of said abandonment and the City Attorney informed him it was a part of Sierks Street that had not been improved and would not be needed in the future for street purposes. No one else 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 RESOLUTION N0. 895 Smith, that Resolution No. 895 being A RESOLUTION OF THE - CITY COUNCIL OF THE CITY OF COSTA MESA ORDERING THE VACA- TION OF A CERTAIN EASEMENT COVERING A PORTION OF IAT NO. 212 OF NEWPORT HEIGHTS IN THE CITY OF COSTA MESA be adopted. The motion was seconded by Councilman Wilson and carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING The Mayor announced that this was the time and place set ORDINANCE N0. 403 for the public hearing and second reading of Ordinance Second Reading No. 403 for the adoption of the Costa Mesa Uniform Heating, Uniform Heating, Ventilating, Refrigeration, and Air -Conditioning Code. Ventilating, Refrig- The Clerk reported that notice of said hearing had been eration and Air- duly published and the affidavit was on file in his office. Conditioning Code He reported one written communication which he read to the Council from the Sheet Metal, Air Conditioning, Heating Contractors Association urging the adoption of the Code. The Mayor then inquired if there were anyone present wish- ing to be heard. No one desiring to speak it was moved by Councilman Wilson, seconded by Councilman Pinkley, and carried, that thepublic hearing be closed. Thereupon it was moved by Councilman Pinkley that Ordinance No. 403 . being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ADOPTING THE COSTA MESA UNIFORM HEATING, VENTIL- ATING, REFRIGERATION, AND AIR-CONDITIONING CODE be given second reading and adopted. The motion was seconded by Councilman Rea, and carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Mr. W. E. Bechtel, president of the Sheet Metal, Air Conditioning, Heating Contractors Association spoke and thanked the Council for adopting the Code which brought Costa Mesa into conformity with other cities in the County. PUBLIC HEARING The Mayor announced that this was the time and place Rezone No. 141-A set for the public hearing on Rezone Petition No. 141 - Initiated by Plan- Amended initiated by the Planning Commission to rezone ning Commission from Cl and R2 to AP, property located on both sides of Rochester and on the south side of East 18th Street for a distance of 410.30 feet westerly from the center line of Orange Avenue and on the south side of East 18th Street between Rogers Place and Orange Avenue and on the northeast and southeast corners of Rochester and Orange. 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. He reported no written communications.had been received. Thereupon the Mayor inquired if there were anyone present wish- ing to be heard. Mr. James Harris spoke in favor of the rezoning. No one else wishing to speak it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the public hearing be closed. Thereupon it was moved by Councilman Rea that Ordinance ORDINANCE NO. 405 No. 405 being AN ORDINANCE OF THE CITY COUNCIL OF THE First Reading CITY OF COSTA MESA CHANGING THE ZONING ON AN AREA SOUTH OF 18TH STREET AT ORANGE AVENUE AND ON BOTH SIDES OF ROCHESTER STREET FROM Cl AND R2 TO AP be given first reading. The motion was seconded by Councilman Wilson and carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING - The Mayor announced that this was the time and place Rezone Petition 150 set for the public hearing on Rezone Petition No. 150 - Dike and Colegrove for Dike and Colegrove, Inc., 1533 Baker Street, to rezone from R2 to R4 property located in the general area between Miner Street and Harbor Boulevard, south of Wilson 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. He reported no written communications had been received. The Mayor then inquired if there were anyone present wishing to be heard. Mr. E. C. Twichell spoke in favor of the rezone on behalf of the applicant. No one else desiring to speak 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 ORDINANCE.NO. x+06 that Ordinance No. 406 being AN ORDINANCE OF THE CITY First Reading COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF A PORTION OF LOT 29, FAIRVIEW FARMS TRACT, FROM R2 TO R4 be given first reading. The motion was seconded by Councilman Wilson, and carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING The Mayor announced that this was the time and place Rezone Petition 151 set for the public hearing on Rezone Petition No. 151 Initiated by Plan- initiated by the Planning Commission to rezone from ning Commission C2 to M1 property located on the south side of Talbert Avenue, 350 feet westerly of the center line of Harbor Boulevard. The Clerk reported that notice of said hear- ing had been duly published and the affidavit was on file in his office. He read the recommendation of the .1�(1 -•q Planning Commission for approval and reported no written communications had been received. Thereupon the Mayor inquired if there were anyone present wishing to be heard. No one wishing to be heard it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the public hearing be closed.. Thereupon it was moved by ORDINANCE N0. 407 Councilman Wilson that Ordinance No. 407, being AN ORDI- First Reading NANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF A PORTION OF LOT 1 OF TRACT NO. 1083 FROM C2 TO M1 be given first reading. The motion was seconded by Councilman Pinkley, and carried, by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING The Mayor announced that this was the time and place set Rezone Petition 152 for the public hearing on Rezone Petition No. 152 for Sullivan Phillip D. Sullivan, 1856 Newport Boulevard, to rezone from R2 to R4 property located on the east side of Pla- centia Avenue, 160 feet southerly of the center line of West 18th 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. He reported no written communications had been received. The Mayor then inquired if there were anyone present wishing to be heard. Mr. Sullivan spoke on behalf of his application. No one else 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 ORDINANCE N0. 408 Pinkley, that Ordinance No. 408, being AN ORDINANCE OF THE First Reading CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF A PORTION OF LOT.NO. 705 NEWPORT MESA TRACT, FROM R2 TO R4 be given first reading. The motion was seconded by Councilman Rea, and carried, by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING The Mayor announced that this was the time and place set Rezone Petition 154 for the public hearing on Rezone Petition No. 154 initiated Initiated by Plan- by the Planning Commission to rezone from R2 to R4 property ning Commission in the general area between Miner Street and Harbor Boule- vard, south of Wilson Street. The Clerk reported that notice of said hearing had been duly published and the affi- davit was on file in his office. He read the recommendation of the Planning Commission for approval. He reported no written communications had been received. Thereupon the Mayor inquired if there were anyone present wishing to speak. 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 Council - ORDINANCE NO. 409 man Smith that Ordinance No. 409, being AN ORDINANCE OF THE First Reading CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF A PORTION OF LOT NO. 29, FAIRVIEW FARMS TRACT, FROM R2 TO R4 be given first reading. The motion was seconded by Councilman Pinkley, and carried, by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None REPORTS The City Attorney informed the Council that the Building City Attorney and Construction Trades Council of Orange County had pre - RESOLUTION NO. 896 pared a "1961 Sub -Trades Hourly Wage Rates of Building and Prevailing Wage Construction Trades Unions" and recommended that these be Rates adopted by the City Council. Thereupon it was moved by Councilman Rea, that Resolution No. 896 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ASCERTAINING AND DETERMINING THE PREVAILING RATE OF WAGES TO BE PAID FOR THE PERFORMANCE OF PUBLIC IMPROVEMENT BY PUBLIC CONTRACT, be adopted. The motion was seconded by Councilman Pinkley, and carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES:. Councilmen: None ABSENT: Councilmen: None Joseph Martin The City Attorney informed the Council that Mr. Joseph Payment of Damages Martin had damaged a light signal at Harbor and Adams and had proposed to pay for this damage on a monthly basis to the City and this had been approved by the Council, but.he had failed to make these monthly installments. He therefore requested that he be in- structed to take legal action for payment of this damage. After discussion it was moved by Councilman Pinkley, seconded by Councilman Rea, and carried, that the City Attorney be instructed to take the necessary legal action against Joseph Martin for paymentof damage to a light signal at Harbor and Adams. New On -Sale Beer The City Attorney presented his report of his investi- and Wine License gation of the new -on -sale beer and wine license of Owens Ted T. and Wanda Owens at the Oasis, 2101 Placentia Avenue. He reported that this would continue to be a restaurant and only the addition of wine to an existing beer license. Report on Wire The City Attorney presented his report of investiga- Pulling.- Variance tion in "wire pulling" concerning the remarks made by 927 - Seckler Paul Seckler, Jr., in connection with his Variance application No. 927. The Attorney reported that no wires were pulled, and no improper action was taken by any person. Thereupon it was moved by Councilman Pinkley, seconded by Councilman -Rea, and carried, that the report be received and ordered filed. City. Engineer The City -Engineer informed the Council that improve - Bonds Exonerated ments in Tracts 4041, 3723, 3952, 32+2, 2896, 292+, Tracts 4041, 3723, and 2853 had been completed in accordance with speci- 3952, 32.2, 2896, fications and recommended they be accepted and the 292+, 2853 bonds exonerated. Thereupon it was moved by Council- man Pinkley, seconded by Councilman Rea that the improvements in Tracts 4o4l, 3723, 3952, 32+2, 2896, 292+, and 2853 be accepted and the bonds exonerated. The motion carried by the following roll call vote: AYES: .Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Director of Public The City Engineer informed the Council that plans for Works to advertise_ the improvement of Adams Avenue from Harbor to Royal for bids on Nov- Palm would be finished this week and requested that ember 20 to improve the Director of Public Works be authorized to call for Adams Avenue bids on this project to be opened on November 20, 1961. Thereupon it was moved by Councilman Rea, seconded by Councilman Wilson, and carried, that the Director of Public Works be authorized to advertise for bids for the improvement of Adams Avenue between Harbor Boule- vard and Royal Palm to be opened on November 20, 1961. Director of Public The Director of Public Works informed the Council Works that the sewer on Royal Palm had been completed in Sewer on Royal Palm accordance with plans and specifications and recom- accepted mended that this sewer be accepted by the City and the Director of Public Works be authorized to pay . the contractor the amount of $1,0+0.00 for said work. Thereuponitwas moved by Councilman Pinkley, seconded by Councilman Wilson, that the sewer on Royal Palm be accepted by the City and the Director of Finance 8,3 authorized to pay the contractor the amount of $1,040.00 for said work. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Departmental Upon motion by Councilman Smith, seconded by Councilman Rea, and carried, the following reports were received and filed: Monthly of City Treasurer, Director of Finance and Police and Annual report of Director of Finance. Refund -South Coast A request was read from South Coast Mechanical Corporation, Mechanical Corp- P. 0. Box 658, Costa Mesa, for refund of Electrical Permit oration 15922 which should have been taken out in the County but by error was taken out in the City, together with the recommendation of the Building Official recommending 85 per cent refund or 2.55 of the $3.00 fee. The City Attorney recommended to the Council that if the Council was going to refund as requested it should be the entire amount. Thereupon it was moved by Councilman Smith, seconded by Councilman Pinkley that the entire amount of $3.00 be refunded to South Coast Mechanical Corpora- tion. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Tax relief on Fall The Mayor reported that he had not made a determination Out Shelters refer- on tax relief for the fall out shelters as referred to red to City him by the Council and felt that this should be studied Manager by the City Manager and request he report back, and so moved. The motion was seconded by Councilman Wilson, and carried. Ordinance No. 394 The Clerk presented Ordinance No. 394 for second reading, Second reading covering Rezone Petition No. 147 for Hill Coast Corpora - deferred tion and reported that the agreement on construction of the bridge over the Orange County Flood Control Ditch had not been received. Thereupon Mr. Alexander Rados one of the owners of the property being rezoned spoke stating that he had contacted Macco Corporation and they were draining plans now for the bridge. After a discussion it was moved by Councilman Smith, seconded by Councilman Pinkley, and carried, that second reading of Ordinance No. 394 be deferred to the next regular meeting of November 6, 1961. ORDINANCE NO. 397 Upon motion by Councilman Pinkley, seconded by Council - Second Reading man Rea, Ordinance No. 397 being AN ORDINANCE OF THE River No. 2 Annexa- CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE tion ANNEXATION OF CERTAIN UNINHABITED TERRITORY CONTIGU- OUS TO THE CITY OF COSTA MESA IN THE COUNTY OF ORANGE KNOWN AND DESIGNATED AS "RIVER NO. 2 ANNEXATION" was given second reading and adopted by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE NO. 398 Upon motion by Councilman Rea, seconded by Councilman Second Reading Wilson, Ordinance No. 398 being AN ORDINANCE OF THE Kaiser No. 1 Annex- CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE ation ANNEXATION OF CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO THE CITY OF COSTA MESA IN THE COUNTY OF ORANGE KNO14N AND DESIGNATED AS "KAISER NO. 1 ANNEXATION" was given second reading and adopted by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE NO. 399 Upon motion by Councilman Smith, seconded by Council - Second Reading man Wilson, Ordinance No. 399, being AN ORDINANCE OF Rezone No. 139 THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING Initiated by Plan- THE ZONING OF CERTAIN LOTS IN TRACTS 1986, 2168, 2313, ning Commission and 2315 FROM R2 TO RI was given second reading and adopted by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE N0. 400 Upon motion by Councilman Pinkley, seconded by Council - Second Reading man Smith, Ordinance No. 400, being AN ORDINANCE OF THE Rezone No. 148-A CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE Initiated by Plan- ZONING OF AN AREA ON BOTH SIDES OF BRISTOL STREET, ning Commission BETWEEN BAKER STREET AND PAULARINO AVENUE, FROM Al, M1 AND R2 TO C2 was given second reading and adopted by the following roll call vote: AYES: Councilmen: Wilson,,Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE N0. 401 Upon motion by Councilman. Pinkley, seconded by Council - Second Reading man Smith, Ordinance No. 401 being AN ORDINANCE OF THE Location of Fall CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTION Out Shelters 9260.4 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA TO REGULATE THE CONSTRUCTION OF FALL OUT SHELTERS was given second reading and adopted by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Upon motion by Councilman Smith, seconded by Council- man Pinkley, and carried, the City Clerk was directed to have copies of this Ordinance 401 be made available to the citizens so they are aware that fall -out shelters may be located on any part of a lot provided they are built below grade level. ORDINANCE N0.-402 Upon motion by Councilman Pinkley,, seconded by Council - Second Reading man Wilson, Ordinance No. 402, being AN ORDINANCE OF No parking-Arling- THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING ton Stop signs, SECTIONS 3449, 3464 AND 3465 OF THE MUNICIPAL CODE OF east side THE CITY OF COSTA MESA TO PROHIBIT PARKING ON ARLINGTON STREET, DESIGNATE CERTAIN THROUGH STREETS, AND ESTAB- LISH CERTAIN STOP INTERSECTIONS was given second reading and adopted by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Variance 927 Variance application No. 927 for Paul H. Seckler, to Seckler permit construction of one unit in addition to exist- ing residence on R1 lot containing a total of 8,116.5 square feet (4,058 square feet per unit) and an en- croachment of 7 feet into -required 25 foot rear yard setback at 398 Flower Street was again presented, having been deferred from the meeting.of October 2. The Clerk read the recommendation of the Planning Com- mission for denial. After a lengthy discussion it was moved by Councilman Wilson, seconded by Councilman Rea that the variance be denied. The motion carried by the following roll call vote: 'AYES: Councilmen: Wilson, Rea, Meyers NOES: Councilmen: Pinkley, Smith ABSENT: Councilmen: None The Mayor declared a ten minute recess and the meeting reconvened at 9:00 p.m. 1 1 1 Building Moving 348 Application,for Building Moving Permit No- 348 for Variance 939 Mrs. -Barbara P. Killmeyer,.1966-Westminster Street.to- Killmeyer move a single residence from 1965 Westminster Street to 1966 Westminster Street was presented together with the recommendation of the Planning Commission for approval with the following conditions: 1) $3,500.00 bond to be posted by the applicant. 2) That the building be completed 60 days after date of delivery on the property. 3) All the requirements of the Department of Building Safety. Variance application No. 939 for relocation (move -in) of a single residence in addition to existing single residence on 6,350 square feet of land area in an R1 zone, with an encroachment of 4 feet into required 10 foot sideyard setback on Westminster Avenue was also presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) Residential sidewalks by the applicant, at his expense, along the easterly side of Westminster the full length of the property and along the southerly side of Esther Street, the full width of the property; 2) Dedication to the City of Costa Mesa of the 15 foot spandrel at the south- east corner of Westminster and Esther Street. Mr. Dick Riopelle was present on behalf of the applicant and requested that the sidewalk requirement be deleted. After discussion it was moved by Councilman Wilson, seconded by Councilman Pinkley and carried that Building Moving application 348 be approved subject to the recommendations of the Planning Commission and that Variance 939 be approved subject to the recommendations of the Planning Commission with the exception of require- ment No. 1 -which was deleted. Record of Survey Record of Survey for John Shawhan, 20291 Kline Drive, Shawhan Santa Ana, to divide a portion of Lot 324, Newport Heights Tract into 5 lots on the east side of Albert Place between Orange and Santa Ana Avenue, approximately 244.70 feet from the center line of Santa Ana Avenue was presented together with the recommendation of the Plan- ning Commission for approval subject to the following: 1) Dedication of all land 30 feet from the center line of existing Albert Place to the City of Costa Mesa for street purposes; 2) That Street Lights be under the direction of the Street Lighting Superintendent; 3) Construction of 4 feet residential sidewalks on Albert Place the full width of this property by the applicant at his expense, under the direction of the City Engineer; 4) That this Record of Survey meet all the requirements of the City Engineer dated 10-9-61; 5) That common sewer and water laterals be used for these 5 lots subject to the approval of the City Engineer; 6) That the Record of Survey meets all the requirements of the Business and Professional Code on Records of Surveys. After discussion it was moved by Councilman Pinkley, seconded by Councilman Rea, and carried, that the Record of Survey be approved subject to the recommendations of the Planning Commission. Tentative Tract Tentative Tract Map No. 3878 for A.M. Rambo, 771 Baker 3878 Rambo Street, to divide property described as Lots 11 and 12 in Block A of the Berry Tract into 14 lots located on the south side of Baker Street approximately 792 feet westerly of the center line of Babb Street was presented together with the recommendation of the Plan- ning Commission for approval subject to the following conditions: 1) All the requirements of the City Engineer, dated October 9, 1961. 2) That the street names be under the direction of the Director of Planning. After discussion it was moved by Councilman Pinkley, seconded by Councilman Wilson, and carried, the Tentative Tract was approved subject to the recommendations of the Planning Commission. 6 Tentative Tract Tentative Tract Map No. 4354, 4355, and 4356 for 4354, 4355 and Henry C.. Cox, 13372 -West Delhi -Road., Santa Ana, to 4.356 Cox divide property described as portions of Lot 1, Tract No. 421 and Lots 1, 2, 11 and 12 of Fairview Tract in- to 259 lots located on the south side of Gisler between Harbor Boulevard and Fairview Road was presented together with the recommendation of the Planning Commission for approval subject to the following: 1) As per revised plans received October 9, 1961; 2) Subject to -all the requirements of the City Engineer to be submitted prior to Council action. 3) Subject to all the requirements of the Director of Planning dated October 9, 1961; 4) Subject to approval by the City Engineer of all requirements for drainage necessary to adequately drain these proposed tracts. The. Clerk reported the requirements of the City Engineer dated October 13, 1961 had been received. Mr. Cox was present on behalf of his tentative tracts and discussed the drainage with the Council requesting they be approved as per layout and he would work out the drainage with the State. After discussion it was moved by Councilman Wilson, seconded by Councilman Pinkley and carried that the Tentative Tracts be approved as per the layout and subject to the recom- mendation of the Planning Commission and City Engineer, and subdivider to solve the drainage problem. Agreement -Reed The Clerk presented a petition requesting elimination of Aliso Avenue swamp in front of 4.4.5 Lenwood Drive, where the west one- half of Aliso Avenue dead -ends. At this point the Director of Public Works had informed the Council that an easement deed had been received from Ralph K. Reed the owner of the property and an agreement that the City shall furnish at its expense the engineering super- vision and inspection for the installation of curb and gutter and the cost of material and labor shall be paid by the owner and that the City -will pay for the completion of the unpaved portion of Aliso Street on the easement. He also stated that this had been discussed with the property owner prior to the receipt of the petition. Thereupon it was moved by Councilman Smith, seconded by Councilman Rea and carried that the petition be received and filed and the agreement be approved and the Mayor and City Clerk be authorized to sign said agreement on behalf of the City. Director o Thereupon it was moved by Councilman Rea, seconded by Public Worp to Councilman Pinkley, and carried, that the Director of advertise for bids Public Works be authorized to advertise for bids as soon as engineering plans have been finished for this work. Claims for Damages Upon motion by Councilman Pinkley, seconded by Council- Retmier man Rea, and carried, the claims of Charles B. Retmier, Tahara Jr. and Kevin Michael Retmier and for Frank S. Tahara and his minor son Thomas M. Tahara were denied. Claim for damages The City Attorney reported that he recommends the claim Oliver for James Richard Oliver be denied. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Rea, and carried, that the claim for damages of Richard C. Oliver on behalf of himself and his minor son James Richard Oliver was denied. Claim for Damages Upon motion by Councilman Rea, seconded by Councilman Finch Pinkley, and carried the claim for damages of Ivan Finch and Chris Finch was denied and referred to the -Costa Mesa Sanitary District. 1 �I Agreement - Woods Upon motion by Councilman Rea, seconded by Councilman Monrovia Avenue Wilson, the agreement between the City and George C. Improvement District and Julia C. Woods for severance damages in the Monrovia Avenue Improvement District was approved and the City Manager authorized to sign said agreement on behalf of the City. Right of Way Public Hearings Set Upon motion by Councilman Rea, seconded by Councilman Wilson the following right of way deeds were received and Talbert Avenue set- Pinkley, and carried, public hearings were set for backs Adams Avenue 7:30 o'clock p.m. in the Council Chambers of the City Meyers setbacks Hall on November 6, 1961, for the following: ABSENT: Councilmen: None 1) Setback lines for Talbert Avenue from Harbor DATE NAME FOR STREET Boulevard westerly.to the present Costa Mesa 10-10-61 Ralph K. Reed Aliso Street boundary line. 10-9-61 Daniel and Delia E. 2) Setback lines for Adams Avenue from Harbor 10-10-61 George C. and Julia Boulevard westerly to the easterly boundary C. Woods Babcock Street Agreement - of Tract No. 4008. Upon motion by Councilman Rea, seconded by Councilman Kujawa Pinkley, the Agreement between the City and Peter J. 9-26-61 Anita C. and Douglas Monrovia Avenue Kujawa on moving a building at 989 West 19th Street Improvement (Monrovia Avenue Improvement District) in the sum of Variance application No. 940 being the application of District $1,280.00 was approved and the City Manager authorized to permit side yard setback to be 3 feet (2 foot to sign said agreement on behalf of the City. The encroachment into required 5 foot side yard setback) motion carried by the following roll call vote: Lilac Lane was presented together with the recommenda- AYES: Councilmen: Wilson, Rea, Pinkley, Smith tions of the Planning Commission for approval subject Meyers parking space be provided on the right side of the NOES: Councilmen: None existing house. 2) That said parking space be ABSENT: Councilmen: None Agreement - Woods Upon motion by Councilman Rea, seconded by Councilman Monrovia Avenue Wilson, the agreement between the City and George C. Improvement District and Julia C. Woods for severance damages in the Monrovia Avenue Improvement District was approved and the City Manager authorized to sign said agreement on behalf of the City. Right of Way Upon motion by Councilman Pinkley, seconded by Councilman Deeds Wilson the following right of way deeds were received and ordered placed on record by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None DATE NAME FOR STREET 10-5-61 Peter J. Kujawa West 19th Street 10-10-61 Ralph K. Reed Aliso Street 10-9-61 Daniel and Delia E. Reich 20th and Irvine 10-10-61 George C. and Julia C. Woods Babcock Street 10-3-61 Louis H. and Frances L. Reinking Bristol Street 9-26-61 Anita C. and Douglas F. Bishop West 19th Street 8-28-61 Ethel M. Brewer West 19th Street Variance 940 Variance application No. 940 being the application of Jordan Irving C. Jordan, 2043 Westcliff Drive, Newport Beach, to permit side yard setback to be 3 feet (2 foot encroachment into required 5 foot side yard setback) for addition of carport to existing residence at 283 Lilac Lane was presented together with the recommenda- tions of the Planning Commission for approval subject to the following stipulations: 1) That one additional parking space be provided on the right side of the existing house. 2) That said parking space be adequately screened under the direction of the Director of Planning. Mr. Jordan was present on behalf of the application and requested the deletion of the one parking space on the right side of the house and rather it be permitted on the left side of the house. After discussion it was moved by Councilman Wilson, seconded by Councilman Smith, and carried, that the application be approved and that requirements No. 1 and No. 2 be deleted. :a.i. Conditional Use Conditional Use Permit No. C-12 for The Presbytery of Permit C-12 Los Angeles, 1501 Wilshire Boulevard, Los Angeles 17, The Presbytery of to allow the use of-Rl zoned property for construction Los Angeles of facilities to be used for church purposes and acceptance of the master plan, located on the east side of Fairview Road, 150 feet southerly of the center line of El Camino Drive, was presented together with the recommendation of the Planning Commission for approval with the following stipulations: 1) 6 foot block wall to be constructed by the applicant at his expense along the easterly and northerly boundaries of this property. 2) That residential sidewalks be installed by the applicant at his expense, under the direction of the City Engineer, along the easterly side of Fairview Avenue the full width of this property, and concrete driveway approaches. 3) That all land 50 feet from the center line of existing Fairview Avenue be dedicated to the City of Costa Mesa for street purposes if necessary, and that this dedication be submitted to the City Clerk prior to the next regular meeting of the City Council. on October 16, 1961. 4) That off-street parking be under the direction of the Director of'Planning. 5) That the ingress and egress for traffic be under the direction of the Traffic Commission. After discussion it was moved by Councilman Rea, seconded by Councilman Wilson, and carried, that the application be approved subject to the recommendations of the Planning Commission. Conditional Use Conditional Use Permit C-14 for Southern California Permit C-14 Edison Company, 701 West 5th Street, Los Angeles 17, Southern to permit the construction, operation and maintenance California Edison of an electric distribution substation in a C1 zone Company located on the east side of Fairview Road, approximately 175 feet northerly of the center line of West Wilson Street was presented together with the recommendation of the Planning Commission for approval subject to the following stipulations: 1) That all land 50 feet from the center line of existing Fairview Avenue be dedicated to the City of Costa Mesa for street purposes; 2) That Fairview Avenue be improved with base paving curbs gutters, concrete driveway approaches and residential sidewalks the full width of this property, under the direction of and at the discretion of the City Engineer; 3) That the off-street parking be under the direction of the Director of Planning. The Clerk read a communication from Ralph C. Kiser, Dis- trict Manager, Southern California Edison Company stating that requirement No. 1 had already been done by a previous owner and that both condition No. 1 and condition No. 2 be deleted as a requirement on the Use Permit. The City Attorney informed the Council that requirement No. 1 should be deleted as the right of way had already been accepted and that requirement No. 2 could not be done at this time and this area was in the proposed Central Improvement District, thereby this requirement should be deleted also. Discussion was held on whether or not the sidewalks should be residential or wider. Mr. Kiser stated they would be glad to install any type of sidewalks. After still further discussion it was moved by Councilman Smith, seconded by Councilman Pinkley, and carried, that the permit be approved subject to no storage on premises, and that the sidewalks be installed the full width of this property under the direction of and at the direction of the City Engineer when other sidewalks are completed in the area, and that conditions No. 1 and 2 be deleted. 1 1 F� Conditional Use Conditional Use Permit C-15 for John L. Trainer, Permit C-15 130 Magnolia Avenue, to permit construction of a Trainer second story apartment over an existing detached garage in a Cl zone with 9.5 feet encroachment into required 25 foot rear yard setback from the center line of existing alley. This will make a total of two residential units on 80+7.50 square feet of land area at 130 Magnolia Avenue, was presented together with the recommendation of the Planning Commission for approval subject to the stipulation that a notarized agreement, to be recorded at the Recorder's Office, be entered into by the applicant and the City, that if and when the applicant sells off lot now used for parking, he will provide suitable and adequate park- ing on lot containing units. Also that the second story will not overhang more than three feet into the approved rear yard setback. After discussion it was moved by Councilman Pinkley, seconded by Councilman Rea, and carried, that the permit be granted subject to the recommendations of the Planning Commission. Conditional Use Conditional Use Permit C-16 for Dr. Clarence E. Hardin, Permit C-16 1329 Sussex Lane, Newport Beach, to allow the establish - Hardin ment of an Animal Hospital, a commercial operation, in an M1 zone at 2976 Bristol Street, was presented together with the recommendation of the Planning Commission for approval subject to the following stipulations: 1) That a personal undertaking bond in the amount of $1000.00 be provided by the applicant for the construction of sound- proof dog runs within a period of two years from date of approval of this application. 2) Off-street parking under the direction of the Director of Planning; 3) That the parking area be asphalted and striped; 4) That street improvements consisting of base, paving, curbs, gutters, concrete driveway approaches and commercial sidewalks the full width of the property be provided by the appli- cant, at his expense, under the direction of and at the discretion of the City Engineer. Dr. Hardin was present and spoke on behalf of the application. After discussion it was moved by Councilman Pinkley, seconded by Councilman Wilson, and carried, that the permit be granted subject to the recommendations of the Planning Commission and in condition No. 4 the words "and at the discretion of" be deleted. Conditional Use Conditional Use Permit C-17 for Ruth J. Fudge, 599 West Permit C-17 Hamilton Street, to allow a home occupation in existing Fudge workroom as a catering kitchen for light cooking at 599 West Hamilton was presented together with the recommend- ation of the Planning Commission for approval subject to the following conditions: 1) For a period of one year; 2) No employees; 3) No signs; 4) Off-street parking under the direction of the Director of Planning; 5) Applicant to install, at her expense, residential side- walks and concrete driveway approaches in front of this property, under the direction of the City Engineer. Mrs. Fudge was present on behalf of her application. After discussion it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the permit be granted subject to the recommendations of the Planning Commission. Conditional Use Conditional Use Permit C-18 for Louis Locatore, 622 -Myrtle Permit C-18 Avenue, Inglewood, to permit operation of a commercial Locatore photo studio and lab in an M1 zone at 203+ Placentia Avenue was presented together with the recommendation of the Planning Commission for approval. After discussion it was moved by Councilman Pinkley, seconded by Council- man Smith, and carried, the permit was granted as recom- mended. Conditional Use Conditional Use Permit C-19 for Hudson Thomas, 777 Permit -C-19 Hamilton Street to permit the operation.of a wheel Thomas alignment, brake lining, muffler installation service in an Ml zone at 777 Hamilton Street was presented together with the recommendations of the Planning Com- mission for approval with the following stipulations: 1) That parking be asphalt or equal and striped; 2) Installation of commercial sidewalks by the appli- cant, at his expense, the full width of the property on Hamilton under the direction of the City Engineer and cortErete driveway approaches with the curb break to be under the direction of the Traffic Commission. 3) And that dedication of all land 30 feet from the center line of proposed Palace Avenue be made to the City of Costa Mesa for street purposes and that the Right of Way deed be submitted to the'City Clerk prior to the regular meeting of the City Council on October 16, 1961. Mr. Thomas was present and stated he did not feel he:_:could give the right of way as it went right through the middle of his home. After discussion the City Attorney suggested to Mr. Thomas that he and his wife come to his office and he would show them an agreement to take to their attorney stating they would deed the property for street purposes when and if the new street would be put in and that the City would compensate for the house at its appraised value should it still exist. Mr. Thomas agreed to this. Therefore it was moved by Councilman Wilson, seconded by Councilman Rea,'and carried, that the permit be deferred to November 6 and Mr. and Mrs. Thomas meet with the City Attorney. Subdivision 388 Subdivision application No. 388 for Bert and Gertrude Vent E. Vent, 2015 Pomona Avenue to divide property located at 2015 Pomona Avenue into 2 parcels was presented, together with the recommendation of the Planning Com- mission for approval subject to the following: Resi- dential sidewalks to be constructed on Parcel A, when Parcel A is built upon, by the applicant, at his ex- pense, under the direction of the City Engineer. After discussion it was moved by Councilman Rea, seconded by Councilman.Wilson, and carried, that the application be approved subject to the recommendations of the Planning Commission. PERMITS Upon motion by Councilman Pinkley, seconded by Councilman Rea, and carried, permit was granted for two skill games at the Flame Room, 1880 Monrovia Avenue, subject to the approval of the Chief of Police. Upon motion by Councilman Pinkley, seconded by Councilman Rea, and carried, permit was granted to Harold Martin for a junk metal -junk collector permit at no fixed place of business. Warrant Resolution Upon motion by Councilman Smith, seconded by Councilman 267 Wilson, Warrant Resolution No. 267 including Payroll No. 179 was adopted by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None City on Record The Clerk read communications and resolutions from Favoring Water the City of Buena Park, the city of Garden Grove and Meters the Santa Ana Chamber of Commerce supporting water meters. It was moved by Councilman Pinkley, seconded by Councilman Rea, and carried, that the City go on record as favoring water meters. 1 1 Mayor to attend Upon motion by Councilman Pinkley, seconded by Councilman Los Alamitos Race Rea, and carried, the Mayor was appointed to attend the hear - Track hearing ing for the Los Alamitos Race Track before the California Horse Racing Association board.on October 18, 1961. Claire Nelson and Upon motion by Councilman Smith, seconded by Councilman Richfield Oil Wilson, and carried, communications from Supervisor Communications. Claire Nelson on the City's stand on the San Diego Freeway and the Richfield Oil on the Councils letter of commendation to them for sponsoring of the Anti - Communism School program, were received and ordered filed. Proclamation on Upon motion by Councilman Rea, seconded by Councilman United Fund Day Smith, and carried, the Mayor issued a Proclamation declaring October 20, 1961, as Costa Mesa United Fund Day. ORDINANCE NO. 410 Upon motion by Councilman Smith, seconded by Councilman First Reading Rea, first reading was given to Ordinance No. 410, being Truck Routes AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTION 3+57 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA TO REGULATE THE USE OF TRUCK ROUTES BY TRUCKS ORIGINATING WITHIN THE CITY delivering to certain points within the city shall go from their point of origin to the nearest truck route and shall proceed from there to point of delivery and upon completing the delivery shall immediately go from that point to the nearest truck route and proceed to their next location from that point. The motion caxried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, . Meyers NOES: Councilmen: None ABSENT: Councilmen: None Adjournment Upon motion by Councilman Rea, seconded by Councilman Pinkley, and carried, the meeting adjourned at 10:30 p.m. yo- MayXof of Costa Mesa ATTEST: May City Clerk of the Cit§ of Costa Mesa . Z Chief Deputy City Cierk