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HomeMy WebLinkAbout11/19/1956 - City Council'iy e REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA November 19, 1956 The City Council of the City of Costa Mesa, California, met in regular ses- sion at 7:30 P.M., November 19, 1956, at the Newp ort Justice Court, 567 West 18th Street, Costa Mesa. The meeting was called to order by Mayor Nelson, followed by the Pledge of Allegiance to the Flag and Invocation by Vicar Chandler Jackson. ROLL CALL Councilmen Presents Martin, Pinkley, Smith, Meyers, Nelson Councilmen Absent; None Officials Present: City Clerk, City Attorney, City Manager, Deputy City Clerk, City Treasurer Minutes Upon motion by'C. Smith, seconded by C. Pinkley, and unanimously carried, the reading of the minutes of. November 5, 1956, was waived, and they were approved as written. c PUBLIC HEARING Mayor Nelson announced that the Public Hearing which has been duly published c,0 Petition.#21 and set for this time and date, for an amendment to the zoning Ordinance as <= Rezoning described in Rezoning Petition No. 21, was now open. The Petition was sub - (N. B.S. & L.) mitted in the name of Newport Balboa Savings and Loan Association, 3366 Via Lido, Newport Beach, for the rezoning of Tentative Tract No. 3143 from R4 to R2. The Deputy City Clerk reported that proof of the Notice of Public Hearing is on file in the office of the City Clerk. Mayor Nelson asked if there were any in the audience wishing to speak on the Rezoning Petition. Thereupon Steve.Smith of the Newport Balboa Savings and Loan Association re- quested permission to resubmit the Petition to the,Planning Commission, stat- ing that notification was not given that a representative must be present at the Planning Commission meeting,.at which meeting denial of the Petition was recommended. After determining that this procedure_ was acceptable, C. Smith moved that Rezoning Petition #21 be resubmitted to the Planning Commission. The motion was seconded by C. Pinkley, and unanimously carried. Appointment of The .Deputy Clerk advised the Council that the position of City Manager should 'City Mgr. and now be filled at a suggested salary of $12,000 per annum, and that the posi- Ass1t. City M. tion of Assistant City Manager be established at a salary of $10,200 per annum, for the combined offices of City Clerk, -Water Superintendent and Assistant City Manager. Thereupon C. Martin moved the adoption of Resolution No. 278, RESOLUTION "A RESOLUTION APPOINTING ROBERT UNGER AS CITY MANAGER, ESTABLISHING THE POSI- #278 TION OF ASSISTANT CITY MANAGER AND APPOINTING -A. C: SWARTZ, AND ESTABLISHING THE SALARIES THEREFOR." The motion was seconded by C. Pinkley, and Resolution No. 278 was adopted by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Oral Mayor Nelson asked if there were any in the audience wishing to speak on a Communications matter not on the agenda, whereupon W. C. Barr, 964 Governor Street, spoke in protest of 10 -wheel trucks being parked by Robert G. Greeley on Governor Street, an R1 zone, and the use of underground fuel tanks. The City Attorney advised Mr. Barr that Mr. Greeley had complied with the City's request to cease operation of his trucking business, and stated that the City has no ordinance to prohibit the tanks or parking of the trucks. Mayor Nelson ad- vised that the Council will take under consideration the advisability of enacting such ordinances. Ted Bennett, representing the Junior Chamber of Commerce, requested permis- sion for that organization to paint house numbers on the curbings and to solicit donations for this service. After determining that there -is no ordinance to prohibit this activity, C. Pinkley moved that a permit be is- sued to the Junior Chamber of Commerce for the above, fee waived. The motion was -seconded by C. Smith, and unanimously carried. Mayor Nelson asked that the City convey its appreciation to the Junior Chamber of Commerce for this gesture. Written The Deputy Clerk read a communication from Keith C. Monroe, President of Communications the Inter -Club Council of Orange Coast College, requesting permission to sponsor a eToys for Tots" drive and to use a loudspeaker mounted on.an auto- mobile for publicity purposes in conjunction with the drive, for two days in December. Upon motion by C. Smith, seconded by C. Meyers, and unanimously e FF; /ii 9 �: ai RESOLUTION #279 Civil Defense carried, the loudspeaker was authorized for Monday and Tuesday afternoon, December 10th and 11th, 1956, with the stipulation that the activity must cease by 8:00 p.m., and the fee waived. The Deputy Clerk read a communication_ from the California Disaster Office, State of California, outlining the procedures for the acquisi- tion of surplus Federal property, and requesting that the City adopt a Resolution making it eligible to acquire such property. Thereupon Reso- lution No. 279, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPOINTING THE CITY MANAGER AS REPRESENTATIVE OF THE CITY IN THE ACQUISITION OF SURPLUS FEDERAL PROPNZTY FOR CIVIL DEFENSE PURPOSES," was read. Upon motion by C. Smith, seconded by C. Pinkley, Resolution No. 279 was adopted by the folllwing roll call vote:, AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Bill of Rights The Deputy Clerk read a communication from Conchita Parlor No. 294, Native Meek proclaimed Daughters of the Golden West, requesting that the City issue a proclama- tion for Bill of Rights Week. Upon motion by C. Pinkley, seconded by C." Martin, and unanimously carried, the week of December 9 - December 15., 1956, was proclaimed "Bill of Rights Week" throughout the City of Costa Mesa, a proclamation to be published to this effect. A communication wasread by the Deputy Clerk from Ruben and John Felipe, 307 Walnut Street, Placentia, requesting that a portion of Lot 65, Block "B" of the Berry Tract be,annexed to the City of Costa Mesa and zoned Ml. Upon motion by C. Martin, seconded by C. Pinkley, and unanimously carried, the request was referred to the Planning Commission for recom- mendation. Extension of The Deputy Clerk read a communication from Murray -Sanders Company, 2116 Tract #2726 South Main Street, Santa Ana, requesting a 1 -year extension for -the fil- ing of final map on Tract .#2726, which tentative map was approved Septem- ber 19, 1956. Upon motion by C. Martin, seconded by C. Smith, and unani- mously carried, the extension was granted. Treasurer's Upon motion by C. Pinkley, seconded by C. Smith, and unanimously carried, Report the"Treasurer's Report for the,month of October, 1956, was accepted as read and ordered filed. Fisdal Officer's Upon motion by C. Smith, seconded by C. Pinkley, and unanimously carried, Report the Fiscal Officer's Report for the month of October, 1956, was accepted as written and ordered filed. Thereupon C. Pinkley introduced Resolution No. 280, "A RESOLUTION OF THE RESOLUTION #280 CITY COUNCIL, CITY OF COSTA MESA, COMMENDING THE COACH AND FOOTBALL TEAM OF ORANGE COAST COLLEGE ON WINNING THE 1956 FOOTBALL CHAMPIONSHIP,'? and moved the adoption thereof. The motion was seconded by C. Martin, and Resolution No. 280 was adopted by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Copy of the foregoing Resolution was directed to Al Irwin and Dr. Peter- son of Orange Coast College. Petition #22 Petition #22 was submitted in the name of Costa Investment Company, 5556 Rezoning West 3rd Street, Los Angeles, for the rezoning of a porion of Lot "A?l, (Costa Inv.Co.) Banning Tract, located east of Harbor Boulevard, north and south of Fair Drive, from C2, R2 and R1 to C2. Upon motion by C. Martin, seconded by C. Pinkley, and unanimously carried, Rezoning Petition #22 was referred to the Planning Commission for further action. ORDINANCE #146 Ordinance No. ll,.6; "AN ORDINANCE AMENDING SECTION 3.2 OF ARTICLE III OF Rezoning ORDINANCE NO. 32 OF THE CITY OF COSTA MESA, CALIFORNIA, ENTITLED 'AN (Gallacher) ORDINANCE OF THE CITY OF CCSTA MESA ESTABLISHING LAND CLASSIFICATIONS IN DISTRICTS WITHIN THE INCORPORATED TERRITORY OF TICE CITY OF COSTA MESA AND REGULATING THE USES OF PROPERTY THEREIN, ADOPTING A MAP OF SAID DISTRICTS, DEFINING THE TERMS USED IN THIS ORDINANCE, PROVIDING FOR THE ADJUSTMENT, ?ENFORCEMENT AND AMENDMENT HEREOF, PRESCRIBING PENALTIES FOR VIOLATION HEREOF, AND REPEALING ORDINANCES AND PARTS OF ORDINANCES INCONSISTENT AND IN CONFLICT HEREWITH,'" was presented for second reading. Following dis- 1 1 1 497 cussion, C. Smith moved that second reading be deferred until the regular meeting of December 3, 1956, pending a report -from Welton Becket and Associ- ates relative to this rezoning. The motion was seconded by C. Meyers, and unanimously carried. ORDINANCE #147 Ordinance No. 147, "AN ORDINANCE OF THE CITY OF COSTA MESA AMENDING ORDINANCE Subdivisions N0. 46, BEINGENTITLED, 'ITLED, 'AN ORDINANCE PROVIDING REGULkTIONS FOR SUBDIVISIONS (2nd Reading) OF LAND IN THE CITY OF COSTA MESA, CALIFORNIA, AND FOR THE PREPARATION AND PRESENTATION OF MAPS THEREOF, AND PRESCRIBING PENALTIES FOR ITS VIOL.4TION,1" was presented for second reading. "Following reading of the title, C. Smith moved that further reading be waived and that it be read by title only. The motion was seconded by C. Pinkley, and unanimously carried. Thereupon C. Pinkley moved the adoption of Ordinance #147. The motion was seconded by C. Meyers, and carried by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None FIRE STATION C. Smith moved the adoption of Resolution No. 281, "A RESOLUTION OF THE Purchase CITY COUNCIL, CITY OF COSTA MESA, AUTHORIZING PAYMENT TO THE COUNTY OF from County ORANGE FOR THE PURCHASE OF FIRE STATION AND BQUI RiENT." The motion was RESOLUTION seconded by C. 'Smith, and Resolution No. 281 was adopted by the following #281 roll call vote: AYES: Councilmen - Martin, Pinkley, 'Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None FIRE STATION C. Martin moved the adoption of Resolution No. 282, "A RESOLUTION OF THE Segerstrom CITY COUNCIL, CITY OF COSTA MESA, APPROVING LEASE BEDS N SEGERSTROM AND Lease Applvd. SONS, ET AL, AND THE CITY OF COSTA MESA, FOR FIRE STATION SITE." The motion RESOLUTION #282 was seconded by C. Pinkley, and Res:1ution No. 282 was adopted by the follow- ing roll call vote AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Purchase of The City Manager advised that the Committee appointed to review and study Street Sweeper the bids for purchase of a pumper for the Fire Department and a street Roller/Tandem sweeper and road roller for the Street Department, had been thoroughly Pumper evaluated, and recommended purchase of the following: 1 Seagrave Pumper, 1,000 g.p.m., from Seagrave -Hirsch,:. Inc.. at. alternate bid price of $22,519.90, plus 4% tax. 1 Wayne Street Sweeper, 4 -yard, from Brown -Bevis Industrial Equip- ment Co., at bid price of $10,295.00. 1.Essick Street Roller, 3-5 ton unit, from Essick Machinery Co., at -bid price of $3,791.00, including tandem. Upon motion by C. Pinkley, seconded by C. Martin, and unanimously carried, the City of Costa Mesa was authorized to accept the above bids. Final Map The City Engineer presented the final map of Tract No. 2726, submitted in TRACT #2726 the name of hurray -Sanders Company, 2116 South Main Street,.Santa Ana, for (Murray-'Sanders)the subdivision of 16.50 acres East of Harbor Boulevard, being a portion of Lot "Al' of the Banning Tract, into 74 lots, together with a bond in the amount of $1001000, a check in the amount of $3,866.53, and signed Agree- ment. RESOLUTION #283 - RESOLUTION #284 Thereupon C. Smith moved the adoption of Resolution No. 283, '1A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA'MESA APPROVING FINAL MAP OF TRACT NO. 2726 AND ACCEPTING THE STREETS AND ALLEYS SHOWN THEREON FOR PUBLIC USE FOR HIGHWAY PURPOSES AND AUTHORIZING THE CITY CLERK TO SIGN SAID MAP AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE AGR E�iENT. " The motion was seconded_by C. Pinkley, and carried by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None C. Pinkley moved the adoption -of Resolution No. 284, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA REQUESTING APPOINTMPNT BY THE GOVER- NOR OF JAMES B. STODDARD OF NEWPORT BEACH TO THE VACANCY ON THE SANTA ANA 198 498 REGIONAL VRTEA POLLUTION CONTROL BOARD (REGION 8) . it The motion was seconded by C. Meyers, and Resolution No. 284 was adopted by the fol- lowing roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Petition for A petition bearing the signatures of 23 property owners was submitted Drainage in the name of Bradley K. Schwarz, Attorney at law, requesting correc- Correction tion of a drainage problem and public nuisance in the area of Costa Mesa Street and Walnut Place between Tustin and Irvine Avenues, details of the petition on file in the office of the City Clerk. Mayor Nelson asked if there were arty in the audience wishing to speak on the Petition, whereupon Cyrus J. Fischer, 445 17alnut Place, informed the Council that the petitioners would like to see the area in question blacktopped, as this would remedy both the drainage and the weed problem, and are willing to pay for the blacktopping as a group. Thereupon C. Smith moved that action be deferred until the meeting of December 3rd pending a report by the City Engineer. The motion was seconded by C. Martin,.and unanimous- ly carried. Nater Bond The Water Superintendent reported that there should be no further delay Issue in expanding the water facilities for the City, including cooperation with Newport Beach in construction of the proposed terminal reservoir. After discussion, C. Pinkley moved that the City go on record as favor- ing a bond issue to enable City participation in the terminal reservoir, subject to the forthcoming report of the engineering firm of James Mont- gomery as to the amount of said bond issue, and the City Manager was in- structed to initiate any and all proceedings necessary to provide for the expansion of water facilities for the City of Costa Mesa. The motion was seconded by C. Meyers, and unanimously carried. Upon motion by'C. Martin, seconded by C. Pinkley, and unanimously car- ried, the Planning Technician was authorized to attend the Governor's Conference in Sacramento, which will explain fundamentals of control and action after a disaster. V.P.D. #2 Mayor Nelson advised that the names of those placed in nomination for Appointments the Board of Commissioners in Vehicle Parking District #2 were as fol- lows: William B. Brown of Mercury Cleaners John Smith of the Costa Mesa Community Church Hugh B. Springer of the Costa Mesa Branch of U.S.Natn'l Bank Thereupon, C. Smith moved that.the above appointments be ratified, that the individuals be notified immediately of their appointment, and that the first consideration of the Board be to determine the percentage of individuals in the Par -king District relative to the required number of parking spaces. Revision of A request for the revision of Tentative Tracts Nos. 2954 and 2955 was TRACT #2750 submitted ih the name of Roven-Spiegel Company, which Tracts represent (Roven-Spiegel) the eastern portion of Tentative Tract No. 2750. T. Robinson was pres- ent to explain the revised map to the Council. After discussion, C. Smith moved that the revision of Tentative Tract Maps Nos. 295. and 2955 be approved upon and subject to the recommendations of the Plan- ning Commission, on file in the office of the City Clerk. The motion was seconded by C. Pinkley, and unanimously carried. Variance #66 A request for extension of Variance Extension of Hunter J. Partel, 352 -East 19th (Parcel) from Mrs. Ruth L. Tabler to whom t Upon recommendation of the Planning Meyers, seconded by C. Pinkley, and of one year was granted on Variance No. 66 was submitted in the name Street, who purchased the property he original Variance was granted. Commission, and upon unanimously carried, No 66. motion by C. an extension Variance #273 Variance Application No. 273 was submitted in -the name of James A. and (Harris) Bernice Harris, 68 Balboa Coves, Newport Beach, requesting permission to construct professional buildings and parking at the southeast corner of Rochester `Street and Orange Avenue, an R4 zone. W. R. Ludlum, 246 Rochester Street; Herb Ward, 212 Rochester Street; Frank Hruza, 226 Rochester Street and Richard C. Cookerly, 208 Rochester Street, each in turn addressed the Council and asked that the area in question be maintained as residential property, the entire Tract consisting of 20 lots having been sold as Rl with a deed restriction to maintain that 1 AYES: Councilmen - Martin, Smith, Meyers, Nelson NOES: Councilmen Pinkley ABSENT: Councilmen - None At_this point in the meeting, C.-Pinkley suggested to the Council that in cases where there are extenuating circumstances, the Planning Commission should be requested to notify the Council of these conditions in advance. Variance ,#281 Variance Application No. 281 was submitted in the name.of Newport Harbor (Newport Har- Homes Company, 527 Via Lido Soud, Newport Beach, requesting authority to bor Homes Co.) construct an apartment building at 283-288 inclusive East 18th Street, an R4 zone. Mayor Nelson asked if there were any in the audience wishing to speak on the Variance request, whereupon Richard C. Cookerly, 208 Rochester .Street, and W. R. -Ludlum, 216 Rochester Street, protested deviation from the residential zoning. Mr. Roy M. Watkins, designer of the building and representing the owner, advised the Council that this plan to construct 38 apartments with ample off-street parking would cost $200,000 and be an asset to .the City, whereas the alternate plan which the R4 zoning permits would j consist of 21 much less desirable units. After considerable discussion, C. Smith moved that, since there has been under consideration a plan to extend a street through this area, and as the present proposed project would make the street impossible, action be -delayed until the meeting of December 3rd to allow the Council time to consider the matter. The motion was seconded by C. Pinkley, and unanimously carried. Variance #282 Variance Application No. 282 was submitted in the name of Dr. Donald J. (Garich) Garich, P. 0. Box 176, requesting encroachment to within 10,61, of rear property line for building an enclosed patio or recreation room to be attached to existing house at -396 Princeton Drive, an R1 zone. Upon recom- mendation of the Planning Commission, and upon motion by C. Martin, seconded by C. Meyers, and unanimously carried, Variance Application No. 282 was approved. Variance #283 Variance Application No. 283 was submitted in the name of Frank R. Strahl, (Strahl) 214 Costa Mesa Street, requesting a 51 rear yard setback on the northwest corner of lot, the strip being 101 wide, at the above address, an R4 zone. Upon recommendation of the Planning Commission, and upon motion by C. Smith, seconded by C. Martin, and unanimously carried, Variance Application ;#283 was approved. Variance T1284 Variance Application No. 284 was submitted in the name of Howard B. Lawson, (Lawson) 516 West 19th Street, requesting rear yard encroachment to within 5.1-; front yard encroachment 201, and parking requirements for proposed improvement to be located 63.51 north of building site at 1902 Pomona Avenue, a Cl zone. City Attorney Dungan advised that the applicant should be required to pre- pare a covenant to be submitted.to the City for its approval to insure that the lot to the north of the corner lot be dedicated irrevocably for parking purposes for the corner lot. Mayor Nelson asked if there were any in the .audience wishing to be heard on this Variance request, whereupon George Markell, representing Howard B. Lawson, stated that the applicant would prepare"such an instrument. After discussion, C. Smith moved that Variance Application #284 be approved upon and subject to the recommendations of the Planning Commission or file in the office of the City Clerk, and with the added stipulation that the above-mentioned covenant be prepared and submitted for the City's approval. The motion was seconded by C. Meyers, and unani- mously carried. 4 9 Vii! zoning. Mr. and Mrs. Harris both addressed the Council to give reasons why they felt the property was..no longer desirable as residential. After considerable discussion, C. Meyers,moved that the action of the Planning Com- mission be ratified, with the following additional stipulations: (1) that the masonry wall between lots 18 and 19 be 6e high to setback line, and (2) that the parking area be landscaped attractively by the owner. The motion was seconded by C. Smith, and carried by the following roll call vote: AYES: Councilmen - 3mith3 Meyers, . Nels oft'. NOES: Councilmen —Martin, Pinkley ABSENT: Councilmen -.None Variance #277 Variance Application No. 277 was submitted in the name of Anthony Palaferri, (Palaferri) 2023 Harbor -Boulevard, requesting a 32' side yard setback and a 211 rear yard setback to allow use of converted garage for living quarters at the above address, a C2 zone. Upon recommendation of the Planning Commission, .and upon motion by C. Smith, seconded by C. Martin, Variance Application No. 277 was granted by the following roll call vote: AYES: Councilmen - Martin, Smith, Meyers, Nelson NOES: Councilmen Pinkley ABSENT: Councilmen - None At_this point in the meeting, C.-Pinkley suggested to the Council that in cases where there are extenuating circumstances, the Planning Commission should be requested to notify the Council of these conditions in advance. Variance ,#281 Variance Application No. 281 was submitted in the name.of Newport Harbor (Newport Har- Homes Company, 527 Via Lido Soud, Newport Beach, requesting authority to bor Homes Co.) construct an apartment building at 283-288 inclusive East 18th Street, an R4 zone. Mayor Nelson asked if there were any in the audience wishing to speak on the Variance request, whereupon Richard C. Cookerly, 208 Rochester .Street, and W. R. -Ludlum, 216 Rochester Street, protested deviation from the residential zoning. Mr. Roy M. Watkins, designer of the building and representing the owner, advised the Council that this plan to construct 38 apartments with ample off-street parking would cost $200,000 and be an asset to .the City, whereas the alternate plan which the R4 zoning permits would j consist of 21 much less desirable units. After considerable discussion, C. Smith moved that, since there has been under consideration a plan to extend a street through this area, and as the present proposed project would make the street impossible, action be -delayed until the meeting of December 3rd to allow the Council time to consider the matter. The motion was seconded by C. Pinkley, and unanimously carried. Variance #282 Variance Application No. 282 was submitted in the name of Dr. Donald J. (Garich) Garich, P. 0. Box 176, requesting encroachment to within 10,61, of rear property line for building an enclosed patio or recreation room to be attached to existing house at -396 Princeton Drive, an R1 zone. Upon recom- mendation of the Planning Commission, and upon motion by C. Martin, seconded by C. Meyers, and unanimously carried, Variance Application No. 282 was approved. Variance #283 Variance Application No. 283 was submitted in the name of Frank R. Strahl, (Strahl) 214 Costa Mesa Street, requesting a 51 rear yard setback on the northwest corner of lot, the strip being 101 wide, at the above address, an R4 zone. Upon recommendation of the Planning Commission, and upon motion by C. Smith, seconded by C. Martin, and unanimously carried, Variance Application ;#283 was approved. Variance T1284 Variance Application No. 284 was submitted in the name of Howard B. Lawson, (Lawson) 516 West 19th Street, requesting rear yard encroachment to within 5.1-; front yard encroachment 201, and parking requirements for proposed improvement to be located 63.51 north of building site at 1902 Pomona Avenue, a Cl zone. City Attorney Dungan advised that the applicant should be required to pre- pare a covenant to be submitted.to the City for its approval to insure that the lot to the north of the corner lot be dedicated irrevocably for parking purposes for the corner lot. Mayor Nelson asked if there were any in the .audience wishing to be heard on this Variance request, whereupon George Markell, representing Howard B. Lawson, stated that the applicant would prepare"such an instrument. After discussion, C. Smith moved that Variance Application #284 be approved upon and subject to the recommendations of the Planning Commission or file in the office of the City Clerk, and with the added stipulation that the above-mentioned covenant be prepared and submitted for the City's approval. The motion was seconded by C. Meyers, and unani- mously carried. 1500 Refund Request Upon motion by C. Pinkley, seconded by C. Martin, a request for re - (Maxwell) fund in the amount of $16.50 to Clarence Maxwell, 1936 Pomona Ave- nue,, representing tax on breed -abatement which was in error, was granted by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Refund Request Upon motion by C. Martin; seconded by C. Pinkley, a request for re - ('Scott) fund submitted by Mrs. B. F. Scott, 2060 Maple Avenue, in the amount of $10.25, tax on weed abatement which was in error, was approved by the following roll call vote: AYES: Councilmen - Martin, Pinkley,Smith, Meyers, Nelson NCE S: Councilmen - None ABSENT:- Councilmen - None PERMITS Upon motion by C. Smith, seconded by C. Meyers, and unanimously car- ried, a permit was granted to Julius Robeson, 3670 El Sereno Avenue, Altadena, to pick up and haul scrap metal out of the City. Upon motion by C. Pinkley, seconded by C. Meyers, and unanimously car- ried, a permit was granted to Philip Rosenberg, 3433 N. Volk Avenue, Long Beach 8, to collect scrap iron and metal in the City. Upon motion by C. Martin, seconded by C. Pinkley, and unanimously car- ried, a request for a dance permit submitted in the name of Knotty Keg, 2125 Harbor Boulevard, was referred to the Police Department for investigation and recommendation at the next regular meeting,on Dec- ember 3rd. 1 1 1 Upon motion_ by C. Martin, seconded by C.-Pinkley, and unanimously car- ried, a request to install one electric gun coin machine at the Knotty Keg, 2125 Harbor Boulevard, and submitted in the name of Newport -Balboa Music Company, was referred to the Police Department for investigation and recommendation at the next regular meeting on December 3rd. I�R-98 Varrant Resolution No. WR -981 including Payroll #57, was presented for approval. On motion by C. Martin, seconded by C. Pinkley, Warrant Resolution No. WR -98 was adopted by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None. WR -99 Warrant Resolution No. GJR-99 was presented for approval. On motion by C. Martin, seconded by C. Pinkley, Warrant Resolution No. WR -99 was adopted by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen=.Noxie, ABSENT. Councilmen - None. IESA ##2 Mayor Nelson announced that this was the time and place set for the ANNEXATION canvass of votes cast in the Mesa No. 2 Annexation Election. A let- ter was read from the City Attorney, addressed to the City Clerk, instructing the Clerk that under no circumstances can the Mesa Annexa - Canvass of votes tion ##2 be certified to the Secretary of State until the outcome of the pending suits between the City of Newport Beach and Costa Mesa. The Council thereupon canvassed the returns of the election. Thereupon C. Pinkley moved the adoption of the following minute Resolution: 'VMRE.AS, by Resolution adopted on the 17th day of August, 1956, - this Council fixed, called and gave notice of the holding of a special Annexation Election, submitting to the electors residing in the terri- tory comprising "Mesa Annexation No. 2" the question whether said territory shall be annexed to the City of Costa Mesa. That the proposition submitted to be voted upon at said special election is as follows: "Shall Mesa Annexation No. 2 be annexed to the City of Costa Mesa?" WHEREAS, notice of said special election was duly given for the time and in the manner required by law; and VMREAS, said special election was duly held on the 11th day of October, 1956, in the time, form and manner as required by law; and 1 1 1 501 WHEREAS, this Council, having this date canvassed said returns and counted and canvassed the absentee ballots; and WHEREAS, the return from the precinct of said special election and results of the canvass of the absentee ballots are as follows: Number of votes cast: 119 Number of votes for: 70 Number of votes against: 49 NOW, THEREFORE, be it resolved and ordered that upon the canvass of said returns and the count and canvass of absentee ballots, this Council finds and declares as follows: That a total of 119 votes was cast at said special election on the proposition of "Shall Mesa Annexation No. 2 be an- nexed to the City of Costa Mesa,'?" of which number 70 were for annexation to the City of Costa Mesa and 49 were against annexation to the City of Costa Mesa. BE IT FURTHER RESOLVED and ordered that this Council finds and declares that a majority of votes cast on the question of "Shall Mesa Annexa- tion No. 2 be annexed to the City of Costa Mesa?" were in favor of annexation to the City of Costa Mesa. The motion was seconded by C. Smith, and carried by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None ORDINANCE Ordinance No. 149, ►IAN ORDINANCE OF THE CITY OF COSTA MESA APPROVING THE #119 ANNEXATION OF CERTAIN INHABITED TTERRITORY CONTIGUOUS TO THE CITY OF COSTA (lst Reading) MESA, IN THE COUNTY OF ORANGE, KNOWN AS 'MESA ANNEXATION NO. 2,911 was intro- duced by C. Meyers. Following full reading of the.Ordinance, section by section, C. Smith moved that this constitute the first reading of Ordinance No. 149. The motion was seconded by C. Martin, and carried by the following roll call vote: Adjournment 11 AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None On motion by C. Pinkley, seconded by C. Martin, and unanimously carried, the meeting was adjourned at 10:00.P.M. ATTEST: City Clerk of the City of Cbsta Mesa r Ci -y of Costa Mesa