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HomeMy WebLinkAbout11/20/1961 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA November 20, 1961 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 o'clock p.m., November 20, 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 Anderson. Roll Call Councilmen Present: Wilson, Rea, Pinkley, Smith, 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 Pinkley, seconded by Councilman November 6, 1961 Rea, and carried, the minutes of the regular meeting of November 6, 1961, were approved as written and previously distributed. OPENING OF BIDS The Mayor announced that this was the time and place set Civil Defense for the opening of bids on furnishing of a Civil Defense Warning System Warning System. The Clerk reported eight bids had been received. The bids were then publicly opened and read from the following: The Gamewell Company F. Morton Pitt Company Halprin Supply Company Essick Machinery Company Payne and Sloan, Incorporated (two bids) Grover Products, Company (two bids) The bids being itemized, it was moved by Councilman Wilson, seconded by Councilman Pinkley, and carried, that they be referred to the City Manager and Director of Public Works for computation and report back to the City Council at the next regular meeting on December 4, 1961. PUBLIC HEARING The Mayor announced that this was the time and place set Rezone 107-A for the public hearing on Rezone Petition 107-A, initiated Planning Commission by the Planning Commission to rezone from C2, R2 and Rl, to I and R, properties known as the Orange Coast College Site, the Orange County Fairgrounds Site, the Southern California College Site, the Costa Mesa High School and the Maud B. Davis School Sites, the proposed 50 -acre Costa Mesa Park Site, and the National Guard Armory Site. The Clerk reported that the notice of said hearing had been duly published and the affidavit was on file in his office. He reported one written communication had been received from 0. Cope Budge, President of Southern California College in favor of the rezoning providing their C2 zone of 22 acres adjacent to Fair Drive be retained as C2 as recommended by the Planning Commission. The Clerk read the recommendation of the Planning Commission for approval excluding the 22 acres of the Southern California College Site as shown on their preliminary master plan on file with the City of Costa Mesa for the development of the college property. The Mayor then 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 public hearing be closed. After discussion it was moved by Councilman Wilson, seconded by Councilman Rea, that first reading be ORDINANCE N0. 416 given to Ordinance No. 416 being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF A CERTAIN AREA INCLUDING ORANGE COAST COLLEGE, THE 32ND AGRICULTURAL DISTRICT FAIR GROUNDS, THE NATIONAL GUARD ARMORY SITE, THE COSTA MESA HIGH SCHOOL AND THE MAUD B. DAVIS SCHOOL SITES, THE PROPOSED COSTA MESA PARK SITE AND A PORTION OF THE SOUTHERN CALIFORNIA COLLEGE SITE FROM C2, R2 AND Rl TO I AND R. The motion 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 for Rezone 153-A the public hearing on Rezone Petition 153-A, initiated Planning Commission by the Planning Commission to rezone from Cl to Rl, Lots 1-60, Tentative Tract No. 4395, Revised, located between Fairview Road, and Cocoa Palm Drive, and between Baker Street and Paularino Avenue. The Clerk reported that notice of said hearing had been duly published and the affidavit was on file in his office. He reported no written communications had been received and read the recommendation of the Planning Commission for approval. The Mayor then inquired if there were anyone present wishing to be heard. 'No one desiring to be heard, it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the public hearing be closed. After discussion it was moved by Councilman Rea, seconded ORDINANCE N0. 417 by Councilman Pinkley, that Ordinance No. 417, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF LOTS 1 THROUGH 60 OF TENTATIVE TRACT NO. 4395 FROM Cl TO Rl, be given first reading. The motion 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 155 for the public hearing on Rezone Petition 155, for Gray Gray and Mullins and Mullins, 10911 Atlantic Avenue, Lynwood, to rezone from C2 and R2 to Cl -S, Lot 6 excepting the westerly 135 feet of the northerly 150 feet and the northerly 238 feet of Lot 7, Fairview Farms Tract, located in the general area of the southeast corner of Wilson Street and Harbor Boulevard. 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 and read the recommendation of the Planning Commission for approval. The Mayor then inquired if there were anyone present wishing to be heard. Mr. William 0. Gray was present on behalf of the application and discussed with the Council the possible improvement of Wilson prior to the Central Improvement District, and also stated that they would be willing to make the necessary dedications for street widening on Wilson, College, and Harbor Boulevard, with the understanding that until the dedications are received, second reading would not be given to the Ordinance. No one else desiring to speak it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the public hearing be closed. After further discussion it was moved by Councilman Wilson, seconded by Councilman Rea, that first reading ORDINANCE NO. 418 be given to Ordinance No. 418 being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF PORTIONS OF LOT 6 AND 7 OF THE FAIRVIEW FARMS TRACT FROM C2 AND R2 TO Cl -S. The motion 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 156 set for the public hearing on Rezone Petition No. 156 Gaffey for Ethel and John Gaffey, 361 Avocado Street, to rezone the west one-half of Lot 50, Tract 57, from R2 to R4, located at 361 Avocado Street. The Clerk reported that notice of said hearing had been duly published and the affidavit was on file in his office. He reported no written communications had been received and read the recommendation of the Planning Commission for approval provided that prior to Council action there be filed with the City Clerk a deed dedicating all land 30 feet from the center line of existing Avocado Street to the City of Costa Mesa for street purposes. The Clerk reported that the right of way deed had not been received. The Council stated that second reading of the Ordinance would not be given until the right of way deed was received. Thereupon it was moved by Councilman Rea, seconded by Councilman Smith, and carried, that inasmuch as there was no one present wishing to speak, the public hearing be closed. There- upon it was moved by Councilman Rea, seconded by Council - ORDINANCE N0. 419 man Smith that Ordinance No. 419 being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF THE WEST ONE-HALF OF LOT 50, TRACT NO. 57, FROM R2 TO R4.be given first reading. The motion 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 157 set for the Public Hearing on Rezone Petition 157 Planning Commission initiated by the Planning Commission to rezone from R2 to R3 and R4 as follows: To R-3 Lots 1-9, Lots 14-22, Tract 3202; to R4 - Southeasterly 468 feet of Lot 124, Southeasterly 160 feet of Northeasterly 66 feet, the southeasterly 175 feet of southwesterly 132.15 feet of the northeasterly 198.15 feet, the southwesterly 132 feet of Lot 114, Newport Heights Tract, Lots 10 and 11 of Tract 3202, located in the general area between Santa Ana Avenue and Westminster Avenue, south of 18th Street. The Clerk reported that notice of said hearing had been duly published and the affidavit was on file in his office. He reported no written communications had been received and read the recommendation of the Planning Commission for approval. The Mayor then inquired if there were anyone present wishing to be heard. No one 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 Wilson, seconded by Councilman Pinkley, that first reading be given to ORDINANCE NO. 420 Ordinance No. 420 being AN ORDINANCE OF THE CITY COUNCIL First Reading OF THE CITY OF COSTA MESA CHANGING THE ZONING OF AN AREA BETWEEN SANTA ANA AVENUE AND WESTMINSTER AVENUE, SOUTHERLY .OF EAST 18TH STREET, FROM R2 TO R3 AND R4. The motion carried by the following roll call votes: AYES: Councilmen: Wilson, Rea, Pinkley, Smith Meyers NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTION 903 The City Attorney informed the Council that in connection Escrow on Library with the purchase of the new library site it would be Site necessary to adopt a resolution authorizing the City Manager to sign the escrow instructions calling for the payment of $25,000.00 cash to Lincoln Savings and Loan, and instructing the Director of Finance to pay the sum to the United States National Bank as the escrow agent. Thereupon it was moved by Councilman Rea, seconded by RESOLUTION 903 Councilman Pinkley, that Resolution No. 903 being A Continued RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA and Barletta on MESA AUTHORIZING THE.PURCHASE OF LIBRARY.SITE, APPROVING cleaning .storm drain THE PURCHASE_PRICE AND AUTHORIZING THE CITY MANAGER TO SIGN THE ESCROW INSTRUCTIONS AND ALL DOCUMENTS NECESSARY TO COMPLETE SAID PURCHASE be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTION NO. 904 The City Attorney then recommended that a Resolution be Accepting Deed of adopted accepting the deed for the library site. There - Library Site upon it was moved by.Councilman Pinkley, seconded by Councilman Smith, that Resolution No. 904 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA ORDINANCE NO. 421 MESA ACCEPTING THE DEED FOR THE LIBRARY SITE be adopted. Traffic Regulations The motion carried by the following roll call vote: First reading AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None DIRECTOR OF PUBLIC The Director of Public Works informed the Council that WORKS he would recommend entering into a contract with Cook Contract with Cook and Barletta to clean a storm drain from concrete, located and Barletta on between West 17th and West 16th Streets, along Pomona cleaning .storm drain stating that this concrete had been put into the drain by Bay Ready Mix from the washing down of their trucks. The City Attorney stated he had informed the company that they had caused damage to the storm drain and it would be their responsibility to clean the drain. The Director of Public Works reported no effort had been made to clean the drain and with the rainy season approaching this should be done immediately. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Rea, that the contract with Cook and Barletta be approved and the City.Attorney instructed to take the necessary steps to recover all the expense from the Bay Ready Mix for the cleaning of the drain. ORDINANCE NO. 421 The Director of Public Works presented to the Council the Traffic Regulations recommendations of the Traffic Commission for the following: First reading 1) Parking be eliminated on both sides of Harbor Boulevard from 19th to Wilson, between the hours of 3:00 p.m. to 6:00 p.m., seven days a week. 2) Parking on Newport Avenue from Harbor Boulevard to West 19th Street be changed from one hour to two hour parking limit. 3) A 20 minute parking area be established from 153 feet to 246 feet west of the center line of Park Avenue on the north side of Center Street, in front of the library, from 7:00 a.m. to 6:00 p.m., Sundays and Holidays excepted. 4) Parking be eliminated on the south side of 19th Street from the east line of Newport to the west line of Church Street. After discussion it was moved by Councilman Smith, seconded by Councilman Pinkley, that the above be incorporated in an Ordinance, and that first reading be given to Ordinance No. 421, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTIONS 3448 AND 3449 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA TO RESTRICT PARKING ON CERTAIN STREETS AND PORTIONS THEREOF. 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 Wilson, and carried, the reports of the City Treasurer, Director of Finance, and the Audit by Pyle, Lance, Schlinger, and Soll for the period of July 1 through September 30, 1961, were received and ordered filed. Refund The.Clerk read a communication from Cavitron Electron Oscillator Company requesting refund on the unused portions of Building Permits No. 13254 and 13577, together with the recommendation of the Building Official that 85% of permit fee of $85.00 on Permit No. 13254 and no refund on Permit 13577 on which inspections were made. Thereupon it was moved by Councilman Rea, seconded by Councilman Wilson, that refund of $72.25 be granted on Building Permit No. 13254 as recommended by the Building Official. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE N0. 411 Upon motion by Councilman Pinkley, seconded by Councilman Second reading Wilson, second reading was given and Ordinance No. 411 Talbert Avenue being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Setbacks COSTA MESA ESTABLISHING BUILDING SETBACKS ON THE SOUTH SIDE OF TALBERT AVENUE BETWEEN HARBOR BOULEVARD AND THE WESTERLY CITY LIMITS was adopted by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE NO. 412 On motion by Councilman Smith, seconded by Councilman Second reading Pinkley, second reading was given and Ordinance No. 412, Sales and Use Taxes being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING CERTAIN SECTIONS OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA RELATING TO SALES AND USE TAX was adopted by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE N0. 413 On motion by Councilman Wilson, seconded by Councilman Second reading Rea, second reading was given and Ordinance No. 413 Amends Pound Fees being AN ORDINANCE OF THE CITY OF COSTA MESA AMENDING SECTIONS 5137 AND 5124 OF THE MUNICIPAL CODE was adopted by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers _ NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE N0. 414 Upon motion by Councilman Rea, seconded by Councilman Second reading Wilson, second reading was given and Ordinance No. 414 Through Streets being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTIONS 3464 AND 3465 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA, DESIGNATING CERTAIN THROUGH STREETS AND ESTABLISHING CERTAIN STOP INTERSECTIONS was.adopte d by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE NO. 415 Upon motion by Councilman Smith, seconded by Councilman Second reading Pinkley, second reading was given to Ordinance No. 415, Orange Street being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Abandonment COSTA MESA DECLARING ITS INTENTION TO ORDER THE VACATION FOR STREET PURPOSES OF THAT PORTION OF ORANGE STREET BETWEEN ADAMS AVENUE AND MESA VERDE DRIVE IN THE CITY OF COSTA MESA and it was adopted by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Planning Commission The Clerk presented Planning Commission Resolution No. Resolution No. 25 25 adopting the.standards for the development of high High Rise Standards rise buildings in the City. After discussion it was set for public moved by Councilman Smith, seconded by Councilman Rea, hearing and carried, that public hearing be set for December 4, 1961, at the hour of 7:30 o'clock p.m., or as soon thereafter as possible in the council chambers of the City Hall. Agreement with Upon motion by Councilman Pinkley, seconded by Councilman County Animal Wilson, and carried, the agreement between the City Shelter Service and the County of Orange for Animal Shelter Services was approved and Mayor and City Clerk authorized to sign said agreement on behalf of the City. Agreement with Upon motion by Councilman Pinkley, seconded by Council - County to Director man Rea, and carried, the proposed agreement with the of Finance for study County of Orange on animal rabies control was referred to the Director of Finance for study and report back to the Council on December 4, 1961. Samaritan Agreement Upon motion by Councilman Rea, seconded by Councilman Wilson, the agreement between the City and Frank Samaritan and Erma Samaritan was approved and the Mayor and City Clerk authorized to sign said agreement on behalf of the City and the Director of Finance authorized to pay the sum of $437.00 as outlined in the agreement. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Permit for.walkway Upon motion by Councilman Rea, seconded by Councilman and water main at Pinkley, and carried, the permit to the City granting Mendoza Drive, permission to construct and maintain a reinforced Tract 3922 concrete walkway addition to the existing box culvert at Mendoza Drive and to install a 12 inch A.C. water main on said walkway within the Orange County Flood Control District's right of way of the Paularino Channel in accordance with the Improvement Plans for Tract 3922 was accepted and the Director of Public Works was authorized to sign said permit. ORDINANCE N0. 422 The Clerk presented a petition signed by the owners of First reading Lots 1, 2, 6 and 7 in Tract No. 695 requesting vacation Abandonment of Alley of a 15 foot alley separating Lots 1 and 2 from Lots public hearing 6 and 7, located off 17th Street between Santa Ana and Raymond and a letter.in protest from Roger S. Watson, President, Scottco, Incorporated. After discussion is was moved by Councilman Pinkley, seconded by Councilman Rea that Ordinance No. 422 being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA DECLARING ITS.INTENTION TO ORDER THE VACATION OF A PORTION OF A CERTAIN ALLEY LYING SOUTHEASTERLY OF LOTS 1 AND 2 OF TRACT. NO. 659, be given first reading. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None 1 1 1 ORDINANCE N0. 422 Council also requested the Planning Commission to have Continued their recommendation to the Council by the public hearing date of January 2, 1962. Tentative Tract 4439 Tentative Tract Map No. 4439, for Dike and Colegrove, Dike and Colegrove 1533 Baker,Street, to divide property described as a portion of Lot 235, Newport Heights Tract, located generally between 20th and 21st Streets and east of Santa Ana Avenue into 12 lots, was presented, together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) Subject to all the requirements of the City Engineer, dated October 20, 1961. 2) Subject to annexation to the City of Costa Mesa. 3) Annexation to the Costa Mesa Park and Recreation District, if not now a part. 4), The subdivider and.the Costa Mesa Elementary School District shall arrive at a mutually agreeable 10 foot easement along the rear of Lots 9 to 12 for walkway purposes. 5) Street names and numbering shall be approved by the Planning Department. After discussion it was moved by Councilman Pinkley, seconded by Council- man Wilson, and carried, that the Tentative Tract be approved subject to the recommendations of the Planning Commission. Tentative Tract 4464 Tentative Tract Map No. 4464 for Wayne Construction Wayne Construction Company, 2034 Placentia Avenue, to divide property Company described as a portion of Lot 45, Fairview Farms Tract, located in the general area between Wilson Street and the southerly boundary -of the Fairview State -Hospital, westerly of Tract No. 3458, into 9 lots, was presented, together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) All the requirements of the City Engineer, dated November 8, 1961. 2) That street names and numbers shall be under the direction of the Planning Department. After discussion it was moved by Councilman Smith, seconded by Councilman Pinkley, and carried, that the Tentative Tract be approved subject to the recommendations of the Planning Commission. RESOLUTION NO. 905 The Clerk presented the recommendation of the Planning Change of Street Commission for street name.changes in Tract No. 4232 as Names in Tract 4232 follows: Olona Avenue to Grant Avenue; Maikai Avenue to Garfield Avenue; Pua Avenue to Harding Way; Hau Street to Annapolis Street. After discussion it was moved by Councilman Pinkley, seconded by Councilman Wilson, that Resolution No. 905 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE NAMES -OF OLONA AVENUE TO "GRANT AVENUE", MAIKAI AVENUE TO "GARFIELD AVENUE", PUA AVENUE TO "HARDING WAY" AND HAU STREET TO "ANNAPOLIS STREET" IN TRACT NO. 4232, be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Adams Avenue Setbacks Upon motion by Councilman Rea, seconded by Councilman set for public Wilson, and carried, public hearing was set for December hearing 4, 1961, at 7:30 o'clock p.m., or as soon thereafter as possible in the Council Chambers of the City Hall for proposed Adams Avenue Setbacks. Right of Way Deeds Upon motion by Councilman Pinkley, seconded by Councilman Smith, the following right of way deeds were accepted 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 STREETS 11-10-61 Herbert L. Shoemaker Westminster Avenue 10-4-61 Roy K. and Tomio Santa Ana Gardens Sakioka Channel 10-31-61 Dudley V. Brand West 19th Street 11-14-61 Irving C. Jordan Lilac Lane Storm drain lateral The Clerk presented to the Council the request of the for School District Costa Mesa Union School District to connect 21st Street storm drain lateral to the main storm drain trunk line on Santa Ana Avenue without further charge to the Costa Mesa Union School District. Mr. Cameron, Business Manager, was present and discussed the request with the Council. The City Manager and City Attorney also discussed their meeting with the officials of the County on drainage of the area. After a lengthy discussion it was moved by Councilman Rea, seconded by Councilman Pinkley that permit be granted to the Costa Mesa Union School District to connect the 21st Street storm drain lateral to the main storm drain trunk line on Santa Ana Avenue without further cost to the District. The motion carried by the following roll call vote: AYES: Councilmen: Rea, Smith, Pinkley, Meyers NOES: Councilmen: Wilson ABSENT: Councilmen: None The Mayor declared a ten minute recess and the meeting reconvened at 9:20 p.m. Variance 803-A Variance No. 803-A for Macco Construction, Incorporated, Macco 3800 East Coast Highway, Corona del Mar, to continue variance for a directional sign (8 feet by 12 feet) to advertise the first sale of homes and/or lots in Tract No. 37+9, located on the northeast corner of Bristol and Newport was presented together with the recommendation of the Planning Commission ratifying the recommendation of the Planning Director for approval for a period of one year or until the homes in Tract No. 37+9 are sold, whichever is sooner, subject to .the requirements of the Department of Building Safety, and that the signs are to be removed, at his expense, at the end of one year, and an Agreement to this effect shall be signed by the applicant subject to the approval of the City Attorney. After discussion it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the ap- plication be approved subject to the recommendations of the Planning Commission. Variance 871-A Variance No. 871-A for Macco Construction, Incorporated, Macco 3800 East Coast Highway, Corona del Max to permit con- tinuation of 4 directional signs and one additional sign on Lot 3, Tract 37+9, and replacement of existing sign on Lot 14, Tract 37+9, as shown on the plot plan attached to and made.a part of the variance, also relocation of sign on Lot 1, was presented together with the recommendation of the Planning Commission ratifying the recommendation of the Planning Director for approval for one year or until the homes in Tract No. 37+9 are sold, whichever is sooner, subject to the requirements of the Department of Building Safety, and that the signs are to be removed, at his expense at the end of one year, and an Agreement to this effect shall be signed by the applicant subject to the approval of the City Attorney. After discussion it was moved by Councilman Smith, seconded by Council- man Wilson, and carried, that the application be ap- proved subject to the recommendations of the Planning Commission. 1 1 1 Variance 938-A Variance application 938-A for Arnold Derman, 2000 Derman Anaheim, to permit construction of two units in addition to'two existing units (making a total of 4 units on 11,024 square feet of,land area) in an R2 zone (2,756 square feet per unit), -and 14.8 feet encroachment into required 25 foot rear yard setback at 2000 Anaheim was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) Installation of residential sidewalks the full width of this project by the applicant, at his expense, under the direction of the City Engineer. After discussion it'-was'moved by Councilman Smith, seconded by Councilman Wilson, and carried that the application be approved subject to the recommendations of the Planning Commission. Variance 943 Variance application 943 for Braeburn Construction Cor- Braeburn.Con- poration to permit encroachment of 11 feet 10 inches into struction required 25 foot rear yard setback for construction of three apartment buildings and 3 feet 0 inches encroachment into required 3 foot side yard for accessory buildings, also request adoption of precise plan attached to and made a part of the variance, entire project will contain a total of 69 apartments at 1741 Tustin, was presented together with the recommendation of the Planning Commission for denial. Mr'. W. Wortham, 3700 Newport Boulevard, was present on behalf of the applicant. After'a lengthy dis- cussion it was moved by Councilman Pinkley, seconded by Councilman Smith that the Planning Commission recommenda- tion for denial be upheld. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Pinkley NOES: Councilmen: Rea, Meyers ABSENT: Councilmen: None Variance 945 Variance application 945 for M. H. Koll and Ted R. Bolte, Conditional Use 451 62nd Street, Newport Beach, to permit encroachment Permit C-34 of 10 feet into required 50 foot front yard setback Koll-Bolte from center line of Pomona Avenue, at 1955 Pomona Avenue, was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) That residential sidewalks be installed and concrete approaches by the applicant, at his expense on Pomona Avenue, under the direction of the City Engineer. 2) Dedication to the City of Costa Mesa for street purposes of all land 30 feet fron the center line of proposed Sterling Avenue. 3) That the applicant at his expense, paves the.proposed Sterling Avenue, for a width of 20 feet from Lot 30 to Lot 28, Block F, Tract 612, under the direction of the City Engineer. 'The Council requested that Conditional Use Permit C-34 for the same applicants be presented at the same time requesting permission to construct 24 units on 36,830 square feet of land area (1 unit per 1534 square feet). The Planning Commission recommended approval subject to the same conditions as listed for the Variance 945• Mr. Bolte was present on behalf of the application. After a lengthy discussion it was moved by Councilman Wilson, seconded by Councilman Rea that Conditional Use Permit C-34 be approved subject to the recommendations of the Planning Commission. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Meyers NOES; Councilmen: Smith, Pinkley ABSENT: Councilmen: None Thereupon it'was moved by Councilman Wilson, seconded by Councilman Rea, -that Variance No. -945 be approved subject to the recommendations of the Planning Commission. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Meyers NOES: Councilmen: Smith, Pink -ley ABSENT: Councilmen: None Variance 946 Variance application No. 946 for Wayne McGinnis, McGinnis 10158 Vernon Avenue, Montclair, to permit building two units (in addition to existing unit) on 8000 square feet of land area (2666.66 square feet per unit) at 211 Knox Place was presented together with the recommendation of the Planning Commission for denial. Mr. John D. Watt, attorney for Mr. McGinnis spoke on behalf of the application'. 'After discussion it was moved by Councilman Wilson, seconded by Council- man Rea, and carried, that the application be denied as recommended by the Planning Commission. Variance 947 Variance application No. 947 for C. Wayne Dutro, 2034 Dutro Placentia Avenue, to permit - 1) 5 foot front yard encroachment into required 50 foot setback from the center line of Joann Street on Lots 1-9, Tentative Tract 4464 and 5 foot encroachment into required 50 foot setback from center line of West Wilson Street on Lot 9, Tentative Tract 4464; 2) 10 foot rear yard encroachment into required 25 foot rear yard setback on Lots 6,7; and 8, Tentative Tract 4464; 3) 6 units = on 11,200 square feet on each lot (1 unit per 2200 square feet) on Lots 6, 7, and 81 Tentative Tract 4464, making a total of 18 units -for the 3 lots; 4) 32 units on 60,474 square feet of land area (1 unit per 1890 square feet) on Lot 9, Tentative Tract 4464, located between Wilson Street and southerly boundary of the Fairview State Hospital, westerly of Pomona, was presented together with the recommendation of the Planning Com- mission for approval subject to the following require- ments: 1) That the requested 5 foot encroachment into the required.front yard setback on Wilson Street be denied and the structures held to the required front yard setback of 50 feet from the centerline of Wilson Street. 2) That the 32 units on Lot 9, Tract 4464 be reduced. to 30 units on 60,474 square feet of land area. 3) That Joann Street for a width of 60 feet, the width of this property, be dedicated to the City of Costa Mesa for street purposes from its present termination in Tract No. 3458 westerly for 330 feet. 4) Dedication of 10 feet along the easterly boundary of Lot 5, Tentative Tract 4464, to the City of Costa Mesa for alley purposes. 5)' That Joann Street be improved with curbs, gutters, base, pavement by the applicant, at his expense, under the direction of the City Engineer. 6) That residential sidewalks be installed on both sides of proposed Joann Street and Wilson Street by the applicant, at his expense, with concrete driveway approaches, under the direction of the City Engineer. 7) That the 10 foot alley along the easterly side of Lot 5 Tentative Tract 4464 be improved by the applicant-, at his expense, under the direction of the City Engineer. 8) Two for one off- street parking under the direction of the Director of Planning. 9) Dedication tothe City of Costa Mesa of all -land 30 feet from the center line of existing Wilson Street for street purposes: 10) That the street'lightng be under the -direction of the Street Lighting Superintendent. Mr. Dutro was present and explained -his 11 request to -the -Council and stated he would comply with the requirements'of the Planning Commission. After discussion; it was'moved by Council- man Smith, seconded by Councilman' Rea, and carried, that the application be approved subject to the recommendations of the Planning Commission. Variance 948 Variance application No. 948 for Sherwood Forest Sherwood Forest Developers No. 4, 3700 Newport Boulevard, Newport Developers No. 4 Beach, to permit one (1 foot by 4 foot) neon "Office" sign for Martinique Apartments at 274 East 18th Street was presented, together with the recommendation of the Planning Commission for approval. After a lengthy discussion it was moved by Councilman Wilson, seconded by Councilman Smith, and carried, with Councilman Pinkley voting noe, the application was approved. Variance 949 Variance application No. 949 for James M. Keeler to Keeler permit 1 foot encroachment into required 72 foot rear yard setback at 1951 Aliso Avenue, was presented to- gether with the recommendation of the Planning Com- mission for approval. After a discussion it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the application be approved as recommended. Conditional Use Conditional Use Permit C-20 for Carl Hillgren, 351 Permit C-20 East Bay Front, Balboa Island, to permit use of C2 Hillgren zone property for a Service Station with minor re- pairs at northwest corner of East 17th Street and Santa Ana Avenue, was presented, together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) 8 foot com- mercial sidewalks, including concrete driveway ap- proaches, along East 17th Street, the full length of this property, and along Santa Ana Avenue, the full width of this property. Said improvements to be installed by the applicant, at his expense, under the direction of the City Engineer. 2) Dedication to the City of Costa Mesa of all land 40 feet from the centerline of East 17th Street for street purposes. 3) Dedication to the City of Costa Mesa of the span- drel at the Northwest corner of East 17th Street and Santa Ana'Avenue. 4) Ingress and egress to East 17th Street to be under the direction of the Street Depart- ment. After discussion it was moved by Councilman Smith, seconded by Councilman Rea, and carried, that the appli- cation be approved subject to the recommendations of the Planning Commission. Conditional Use Conditional Use Permit C-21 for Standard Oil Company Permit C-21 of California, Western Operations, Incorporated, 605 Standard Oil West Olympic Boulevard, Los Angeles 15, to permit use of property zoned C2 for a Standard Oil Service Station at the southeast corner of Newport and Del Mar was pre- sented together with the recommendation of the Planning Commission for approval subject to the following stipula- tions: 1) That the applicant enters into an Agreement with the City of Costa Mesa that if and when Del Mar is widened, the applicant will, at his expense, remove the pump islands on Del Mar, and any other structures which may be involved, subject to the approval of the City Attorney; 2) That commercial sidewalks be installed by the applicant, at his expense, under the direction of the City Engineer, on Del Mar Avenue, and Newport Boulevard, 3) That the applicant dedicates to the City of Costa Mesa a 17 foot corner cut-off on the southeast corner of Newport Boulevard and Del Mar Avenue; 4) Minimum setback from the centerline of Del Mar of 42 feet to the pump island. After discussion it was moved by Councilman Smith, seconded by Councilman Wilson, and carried, that the application be approved subject to the recommendation of the Planning Commission Conditional Use Conditional Use Permit C-25 for Richfield Oil Corporation, Permit C-25 645 South Mariposa Avenue, Los Angeles 5, to permit addi- Richfield Oil tion to existing service station as shown on the plot plan made a part of the application and the replacement of 4000 gallon storage tank with 6000 gallon tank at the southwest corner of Newport Boulevard and 19th Street was presented, together with the recommendation of the Planning Commission for approval. After discussion it was moved by Councilman Smith, seconded by Council- man Pinkley, and carried, that the application be ap- proved subject to the recommendations of the Planning Commission with the added condition that the curb be painted red on 19th Street to help the flow of traffic. Conditional Use Conditional Use Permit C-26 for Marvin and Thelma B. Permit C-26 White dba Marv's Liquors, 1704 Newport Boulevard White to permit conditional use of the land to add a two bedroom apartment to an existing commercial building over an attached proposed two -car garage at 1704 Newport Boulevard was presented, together with the recommendation of the Planning Commission,for approval. After discussion it was moved by Councilman Rea, seconded by Councilman -Wilson, and carried, that the application be approved. Conditional Use Conditonal Use Permit C-27 for IViacco Corporation, 3800 Permit C-27 East Coast Highway, Corona del Mar, to permit 2 direc- Macco Corpora- tional signs (1 size 12 feet by 18 feet DF) on Lot 103, tion Tract 4204 and (l.size 10 feet -by 25 feet) on Lot 9, . Tract 4204 to advertise the first sale of homes in the College Series, was presented together with the recom- mendation of the Planning Commission ratifying the action of the Director of Planning for approval for a period of one year or until the homes in Tract No. 4204 are sold, whichever is sooner and subject to all the requirements of the Department of Building Safety, and that the ap- plicant signs an Agreement, under the direction of the City Attorney, that these signs will be removed by the applicant, at his expense, at the end of one year. After discussion it was moved by Councilman Wilson, seconded by Councilman Smith, and carried, that the application be approved as recommended. Conditional Use Conditional Use Permit C-28 for Macco Corporation, 3800 Permit C-28 East Coast Highway, Corona del Mar, to permit one 12 Macco Corpora- foot by 30 foot SF directional sign to advertise the tion sale of homes in Tract 4204, to be located at 2777 Bristol Street, was presented, together with the recom- mendation -of the Planning Commission ratifying the action of the Director of Planning for approval for a period of one year or until the homes in Tract No. 4204 are sold, whichever is sooner and subject to all the requirements of the Department of.'Building Safety, and that the applicant signs an Agreement, under the direction of the City Attorney, that these signs will be removed by the applicant, at his expense, at the end of one year. After discussion it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the appli- cation be approved as recommended. Conditional Use Conditional Use Permit C-29 for Macco Corporation, 3800 Permit C-29 East Coast Highway, Corona del Mar, to permit one sign Macco Corpora- 12 foot by 30 foot DF to advertise the sale of homes in tion Tract 4204 at 2998 Fairview Road, was presented, together with the recommendation of the Planning Commission rati- fying the action of the Director of Planning for ap- proval for a period of one year or until the homes in Tract 4204 are sold, whichever.:is sooner and subject to all the requirements of the Department of Building Safety, and that the applicant signs an Agreement, under the direction of the City Attorney, that these signs will be removed by the applicant, at his expense, at the end of one year. After discussion it was moved by Council- man Wilson, seconded by Councilman Rea, and carried, that the application be approved as recommended. 1 I u Conditional Use Conditional Use Permit C-30 for Theta Logan, 1680 Permit C-30 Labrador Drive, to permit operation of a foster day Logan care home for children (2 years through 6 years) in the home for a maximum of 8 -children Monday through Friday, 7:00 a.m. to 5:00 P.M. in a C1 and R2 zoned property at 1914-19142 Anaheim Avenue, was presented, together with the recommendation of the Planning Com- mission for approval subject to the following condi- tions: 1) That notices be posted on this property advising the surrounding property owners of the nature of this request which will be heard by the City Council at its meeting on November 20th, and that said notices be posted at least five (5) days prior to the City Council meeting; 2) That cards be mailed to the property owners within 300 feet of this property ad- vising them of this request and that said cards be mailed at least five days prior to the Council meet- ing on November 20th. The Clerk reported that the Planning Commission had met conditions No. 1 and 2. Council felt that this procedure was not proper and hereafter this should not be permitted but normal proceedings should be conducted. After discussion it wasimved by Councilman Wilson, seconded by Councilman Pinkley and carried, that the application be approved as recommended. Conditional Use Conditional Use Permit C-35 for Macco Corporation, 3800 Permit C-35 East Coast Highway, Corona del Mar, to permit one 12 Macco Corpora- foot by 30 foot DF directional sign to advertise the tion first sale of homes in Tract 4204 at 2869 El Rio Circle, was presented together with the recommendation of the Planning Commission ratifying the action of the Director of Planning for approval for a period of one year or until the homes in Tract 4204 are sold, whichever is sooner; subject to the requirements of the Department of Building Safety, and that said sign is to be removed by the applicant at his expense, at the end of one year, and an Agreement to this effect shall be signed by the applicant subject to the approval of the City Attorney. After discussion it was moved by Councilman Wilson, seconded by Councilman Rea, and carried that the appli- cation be approved as recommended. PERMITS Upon motion by Councilman Wilson, seconded by Councilman Signs Smith, and carried, with Councilman Pinkley voting Noe, permit was granted to Foster and Kleiser for replacement of.6 advertising panels to the following locations: one panel on the east side of Placentia, 140 feet north of 19th, one panel on the north.side of 19th, 140 feet east of Placentia; a_ back-to-back structure on the northwest corner of Harbor Boulevard and Adams; a back-to-back structure on the north side of 19th Street, 360 feet east of Placentia. It was moved by Councilman Pinkley, seconded by Councilman Rea, application for one advertising billboard, double panel, at 1543 Newport -Boulevard for May outdoor Advertis- ing Company be denied. The motion lost by the following roll call: - AYES: Councilmen: Rea, Pinkley NOES: Councilmen: Wilson, Smith, Meyers ABSENT: Councilmen: None Mr. Gray was present on behalf of the application and informed the Council that this was for use of a local business and would be the only one constructed in town. After further discussion, it was moved by Councilman Wilson, seconded by Councilman Meyers that the application be approved. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Meyers NOES: Councilmen: Rea, Pinkley ABSENT: Councilmen: None Charitable Upon motion by Councilman Smith, seconded by Councilman Rea, and carried, permit was granted to Costa Mesa Newport Harbor Seventh Day Adventist Church, 3262 Broad Street, Newport Beach, to raise funds for charitable purposes by house to house solicitation with broadcast caroling music in the background on Monday, Tuesday, Wednesday and Thursday of each week between 7:00 p.m. - 9:00 p.m. from Thanksgiving and Christmas, and Section 6914 j of the Municipal Code was waived as requested. Christmas Tree Upon motion by Councilman Wilson, seconded by Council - Lots man Rea, and carried, permit was granted to Eddie Noonan for A Christmas Tree Lot at 250 East 17th Street. Upon motion by Councilman Wilson, seconded by Council- man Rea, and carried, permit was granted to Eddie Noonan for a Christmas Tree Lot at 2300 Harbor Boulevard. Upon motion by Councilman Rea, seconded by Council- man Pinkley, and carried, permit was granted to Girl Scout Troop #18 for a Christmas Tree Lot at Vista Shopping Center, 19th and Placentia. Upon motion by Councilman Wilson, seconded by Council- man Pinkley, and carried, permit was granted to V. F. Noonan for a Christmas Tree Lot at 2111 Newport Boule- vard. Upon motion by Councilman Wilson, seconded by Council- man Pinkley, and carried, permit was granted to Paul S. Ward for a Christmas Tree Lot at 283 East 17th Street. Proctor and Upon motion by Councilman Rea, seconded by Council - Gamble man Wilson, and carried, permit was granted to Proctor and Gamble Distributing Company for distribution of sales promotion samples door to door, subject to the required fees. Used appliances Upon motion by Councilman Rea, seconded by Councilman Smith, and carried, permit was granted to Gene's Ap- pliance Sales and Service at 20+9 Harbor Boulevard for used appliance sales and service, subject to there being no outdoor display. Skill Games Upon motion by Councilman Pinkley, seconded by Council- man Smith, and carried, permit was granted to Williams Vending for 3 skill games at the Knotty Keg, 1670 Superior Avenue, subject to the approval of the Chief of Police. Warrant Resolu- Upon motion by Councilman Pinkleyi seconded by Council - tion 270 man Smith, Warrant Resolution No. 270 including Payroll No. 181 was adopted by the following roll call vote: AYES: Councilmen: Wilson, Smith, Pinkley., Rea, Meyers NOES: Councilmen: None ABSENT: Councilmen: None 1 Written Conmuni- Upon motion by Councilman Smith, seconded by cation Leeper Councilman Wilson, and carried, the communication to the Mayor from Gene R. Leeper commending the helpfulness of the Building Safety Department was received and ordered filed. Minute Resolution Outlawing draw Poker Operation Fire Alert Upon motion by Councilman Wilson, seconded by Council- man Rea, a minute resolution was adopted urging the Governor to include on the agenda for the special session the subject matter of outlawing draw poker and low ball draw poker in California. The motion carried by the following roll call vote AYES: Councilmen: Wilson, Smith, Pinkley, Rea, _ Meyers NOES: Councilmen: None ABSENT: Councilmen: None Upon motion by Councilman Pinkley, seconded by Council- man Smith, and carried, the communication of the City of Santa Ana re: Operation Fire Alert, was received and ordered filed. Alcoholic Beverage Upon motion by Councilman Smith, seconded by Council - Control man Pinkley, and carried, the report of the Alcoholic Beverage Control for the new on -sale beer license for Jean and Lewis 0. Harrison, at 166+ Newport Boulevard was received and ordered filed. San Luis Upon motion by Councilman Pinkley, seconded by Council - Facilities man Wilson, and carried, the communication of the Orange County Water District regarding the proposed contract between the United States and the State of California for joint use of San Luis Facilities, was received and ordered filed. Boundary Commission Upon motion by Councilman Rea, seconded by Councilman Wilson, and carried, the report of the Boundary Com- mission on the proposed annexation to the City of Newport Beach known as the Moden Annexation was received and ordered filed. Mobile Vacuum The Clerk read a communication from the Director of Repair Shops Finance revoking the permits for Vehicle -Wheel Li- censes 666, 667 and 668 for Jack A. Merritt, Mobile Vacuum Repair Shops. The Chief of Police informed the Council that inasmuch as he had completed the in- vestigation he wished to withdraw his recommendation for denial. Thereupon it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the three licenses be reinstated. Refund ratified Upon motion by Councilman Rea, seconded by Councilman Wilson, the refund of $15.00 to American Pipe and -Construction Company for issuance of Vehicle Wheel License 604 in error, was ratified. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Pinkley, Rea, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Oral Communica- The Mayor inquired if there were anyone present wishing tions Bus to be heard on any item not on the agenda: Thereupon Franchise Mr. Arthur G. Freeman, 1776 Newport Boulevard and Mr. Mark C. Shar, 311 East 19th Street inquired of the Council what would be required to secure a bus franchise for the City. After discussion it was moved by Council- man Smith, seconded by Councilman Rea, and carried, that the gentlemen contact the City Manager and discuss the franchise with him laying out the fares to be charged, routes, time schedules, and financing available, and the City Manager make his report to the Council at the meeting of December 4, 1961. Adjournment Upon motion by.Councilman Rea, seconded by Council- man Wilson, and carried, the meeting adjourned at 11:35 p.m. W,v Mayor f e, ty of Costa Mesa ATTEST: City Clerk of the City -"of Costa Mesa Chief Deputy City CierK 1 1 1