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HomeMy WebLinkAbout12/03/1956 - City Council502 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA December 3, 1956 The City Council of the City of Costa Mesa, California, met in regu- lar session at 7:30 p.m., December 3, 1956, at the Newport Justice Court, 567 West 18th Street, Costa Mesa. The meeting was called to or- der by Mayor Nelson, followed by the Pledge of Allegiance to the Flag and Invocation by Claire M. Nelson. ROLL CALL Councilmen Present: Martin, Pinkley, Smith, Meyers, Nelson Councilmen Absent: None Officials Present: City Manager, City Attorney, City Clerk, Deputy City Clerk, City Treasurer, Fiscal Officer Minutes Upon motion by C. Pinkley, seconded by C. Martin, and unanimously car- ried, the reading of the minutes of November 19, 1956, was waived, and they were approved as written. BID OPENING This being the time and place fixed for the opening of bids for the V.P.D. #2 sale of bonds under the Vehicle Parking District Law of 1943, for the Bonds acquisition and formation of Costa Mesa Vehicle Parking District No. 21 the Deputy Clerk reported to the Council that two bids had been received. The bids were then publicly opened and examined and declar- ed, as follows: Arthur J. Crooke - 12501 Catalina Drive Santa Ana 100 oT the principal amount, plus accrued interest from September 18, 1956, and a flat premium of $93.40 for such bonds to bear in- terest at the rate of 6% per annum. Gross Rogers & Company - 559 S. Figueroa Street, Los Angeles 17: Par klOO76 of the principal amount thereof), plus accrued interest to date of delivery of the bonds, said interest to be at the rate of 610 per annum. Upon motion by C. Pinkley, seconded by C. Martin, and unanimously car- ried, the bids were referred to the City Attorney and the Fiscal Offi- cer for consideration, a decision to be rendered later in the.meeting. Oral Mayor Nelson asked if there were any in the audience wishing to speak Communications on a matter not on the agenda. Thereupon A. W. Sumner, 665 blest Wil_' son Street, protested a sewer project on his street which made access to his property impossible. He was informed by the City Engineer that: this was a Sanitary District project over which the City has no juris diction, and Mayor Nelson offered to discuss the matter further with Mir. Sumner at a later date. Written The Deputy Clerk read a communication from Reverend .Floyd V. Nelson Communications of the Foursquare Church, 1734 Orange Avenue, requesting the. City to erect directional signs at various locations as set forth in the let - Foursquare ter on file in the office of the City Clerk. No one being present to Church Signs represent the Church, Mayor Nelson withheld action until later in the meeting. Numbering on The Deputy Clerk read a communication from Howard B. Lawson Co., 516 W. 19th Street Wrest 19th Street, requesting that the present addressing system be changed to allow one number for each 15 feet of frontage to eliminate fractional numbering on West 19th Street, which is now inevitable due to the proposed building of commercial structures. Upon;motion by C. 'Smith, seconded by C. Pinkley, and unanimously carried, the request was referred to A. C. Swartz and the Planning Commission for recommendation. Civil Defense The Deputy Clerk read a communication from D. C. Duncan, V. P. and Man- (Helipot) ager of Helipot Corporation, offering to the City the use of their new and fully equipped plant as an emergency shelter in the event of local disaster. Upon motion by C. Pinkley, seconded by C. Martin, and unanimously carried, a letter expressing the gratitude of the City of Costa Mesa for the offer was directed to Helipot Corporation, and the Mayor and City Clerk directed -to sign.the letter. 1 5,013 Bid Award on The City Attorney advised that the bid of Arthur Crooke,'12501 Catalina V.P.D. 1#2 Avenue, Santa Ana, was the lowest and best bid received, and recommended Bonds acceptance. Upon motion by C. Martin, seconded by C. Smith, and unani-- mousl,y carried, the bid of Arthur Crooke was accepted. The Deputy Clerk read a communication from the Orange County Mosquito Abate- ment District, Board of Trustees, advising that in order for the City to have representation on that Board, a reappointment must be made, as the term of incumbent James T. Kilpatrick expires on December 31, 1956. Mayor Nelson advised that he would make his recommendation at the next regular meeting to be held on December 17th. Widening of The Deputy Clerk read a communication from Welton Becket and Associates Harbor Blvd. setting forth their recommendation for the widening of Harbor Boulevard, starting at kest 19th Street, northward. Upon motion by C. Smith, second- ed by C. Pinkley, and unanimously carried, the letter was received and referred to Committee session of the City Council and Planning Commission for recommendation. Departmental Upon motion by C. 'Smith, seconded by C. Finkley, and unanimously carried, Reports the following departmental reports were received as submitted and ordered filed: Fire, Street, Civil Defense, Planning, Pound, Building and Police. Drainage Pursuant to Council directive, the City Engineer reported his recommendations Petition for alleviating the drainage situation in the vicinity of Costa Mesa Street and Walnut Place between Tustin and Irvine Avenues, as per petition sub- mitted November 19th, and suggested that the 20' drainage easement be im- proved with a 16' alley extending from Irvine Avenue northwest to inter- cept the present concrete drain which terminates at that period, at an approximate cost of $4,000. There was no one in the audience to represent the property owners in this area. After discussion, C. Smith moved that the map submitted by the City Engineer for the improvement of the ease- ment between Tracts Nos. 1284 and 1663 be referred to Attorney Bradley K. `Schwarz, together with the above recommendation and estimate of cost, for consideration by the property owners in the area, to be brought back to the Council at a later date with their wishes and intention as to the proporti,onate cost they are willing to bear. The motion was seconded by C. Meyers, and unanimously carried. Final Map The City M{ gineer presented the final map of'Tract No. 2353, submitted in TRACT 7#2353 the name of Dudley Smith, 1124 S. Beverly -Drive, Los Angeles, for the sub - (Smith) division of 30.52 acres south of Gisler Avenue and adjacent to the cemetery, into 155 lots, together with a bond in the amount of $198,000, a check in the amount of $14,755.83, and signed Agreement. Thereupon C. Pinkley moved the adoption of Resolution No. 285, "A RESOLUTION RESOLUTION APPROVING THE FINAL MAP OF TRACT NO. 2353 AND ACCEPTING THE #285" STREETS AND ALLEYS (SHOWN THEREON FOR PUBLIC USE FOR HIGHPTAY PURPOSES AND AUTHORIZING THE CITY CLERK TO SIGN SAID MAP AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT." The motion was seconded by C. Martin, and Resolution No. 285 was adopted by -the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Final Map The City Engineer presented the final map of Tract No. 2845, submitted in TRACT #2845 the name of Newport Balboa Savings & Loan Association, 3366 Via Lido, New- N.B.S. & L. port Beach, for. the subdivision of 10 acres north of -Wilson Street between Harbor Boulevard and Fairview Road, into 45 lots, together with a bond in the amount of $52,000, a check in the amount of X63,629.89, and signed Agreement. Thereupon C. Smith moved the adoption ofResolutionNo. 286, "A RESOLUTION RESOLUTION APPROVING THE FINAL MAP OF TRACT NO. 2845 AND ACCEPTING THE #286 STREETS AND ALLEYS SHOT0 THEREON FOR PUBLIC USE FOR HIGISVAY PURPOSES AND AUTHORIZING THE CITY CLERK TO SIGN SAID MAP AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT." The motion was seconded by C.• Pinkley,' and Resolution No. 286 was adopted by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None n. r- Z! aux Final Map TRACT #3143 N. B.S. & L. RESOLUTION #287 - The City Engineer presented the final map of Tract No. 3143, submit- ted in. the name of Newport Balboa Savings & Loan Association, 3366 Via Lido, Newport Beach, for the subdivision of 5 acres south of Wilson Street and west of Placentia Avenue, into 24 lots, together with a'bond in the amount of $31,000, a check in the amount of $2,137.88, and signed Agreement. Thereupon C. Smith moved the adoption of Resolution No. 287, t1A RESOLUTION APPROVING THE FINAL MAP OF TRACT NO. 3143, AND ACCEPT- ING THE STREETS AND ALLEYS SHOWN THEREON FOR PUBLIC USE FOR HIGHWAY PURPOSES AND AUTHORIZING THE CITY CLERK TO SIGN SAID MAP AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT." The motion was second- ed by C. Pinkley, and Resolution No. 287 was adopted by the following roll call vote: AYES: . Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Ordinance #146 Ordinance No. 1465 "AN ORDINANCE AMENDING SECTION 3.2 OF ARTICLE III Rezoning OF ORDINANCE NO. 32 OF THE CITY OF COSTA MESA, CALIFORNIA, ENTITLED, (Gallacher) IAN ORDINANCE OF THE CITY OF COSTA MESA ESTABLISHING LAND CLASSIFICATIONS IN DISTRICTS WITHIN THE INCORPORATED TERRITORY OF THE CITY OF COSTA MESA AND R?EGULATING 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 IN- CONSISTENT AND IN CONFLICT HEREWITH,"" was presented for second reading, having been deferred from the meeting of November 19th pending a report from Welton Becket and Associates relative to the advisability of this rezoning. As the report had not been received as yet, C. Martin moved that.second reading be deferred to the regular meeting of December 17th. The motion was seconded by C. Pinkley, and unanimously carried. ORDINANCE #149 Ordinance No. 149, "AN ORDINANCE OF THE CITY OF COSTA MESA APPROVING THE Approving Mesa ANNEXATION OF CERTAIN INHABITED TERRITORY CONTIGUOUS TO THE CITY OF COSTA #2 Annexation MESA, SITUATED IN THE COUNTY OF ORANGE, KNOWN AS "MESA ANNEXATION NO. (2nd Reading) was presented for second reading. Following reading of the title, C. Smith moved that further reading be waived and that it ve-read by title only. The motion was seconded by C. Pinkley, and unanimously carried. Thereupon C. Pinkley moved the adoption of Ordinance No.. 149. The motion was seconded by C. Martin,.and carried by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Request for Pursuant to Council directive, the Chief of Police submitted his recom- Permit mendations on requests for permit submitted in the name of the Knotty ('Knotty Keg) Keg, 2125 Harbor Boulevard,, for a dance permit and installation of one coin machine. Earl G. Ellis, owner, was present to discuss the adequacy of parking facilities. After discussion, C. Smith moved that the dance permit be allowed upon the recommendation of the Chief of Police and Fire Department, said recommendations on file in the office of the City Clerk, and subject to acceptance of the Planning Technician as to park- ing requirements. The motion was seconded by C. Pinkley, and carried by the follovring roll call vote: AYES: Councilmen - Pink ley, Smith, Meyers, Nelson NOES: Councilmen - Martin ABSENT: Councilmen - None Upon recommendation of the Chief of Police,, and upon motion by C. Pinkley, seconded by C. Meyers, and unanimously carried, a permit was granted to install a coin machine at the Knotty Keg. & 19th St. The City Attorney submitted,a right of way deed for the widening of West R/W Deed 19th Street for acceptance by the City of Costa Mesa. Thereupon, Reso- lution No. 288, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA RESOLUTION MESA ACCEPTING A DEED OF RIGHT OF 1r AY FROM TIDE WATER REALTY COMPANY #288 FOR THE WIDENING OF WEST NINETEENTH STREET IN THE CITY OF COSTA IDSA," was presented. C. Pinkley moved the adoption thereof, the motion was seconded by C. Meyers, and Resolution No. 288 was adopted by the follow- ing roll call vote: AYES: Councilmen - Martin', 1 1 1 AYTSiPinkley, Smith, Meyers, Nelson Councilmen - Martin, NOES: Councilmen -'None ABSENT: Councilmen - None Variance #281 Variance Application No. 281 was again presented, submitted in the name (N.H.Homes Co.) of Newport Harbor Homes Company, 527 Via Lido Soud, Newport Beach, request- irg permission to construct an apartment building at 283-288 East 18th Street, action having been delayed from.the meeting of December 3rd to consider a proposed street. Mayor Nelson asked if there was anyone in the audience wishing to speak on the Variance, whereupon Roy M. Watkins, designer and representative of the owner, and Mr. Smith, the owner, rose to discuss the request with the Council. After considerable discussion, C. Smith moved that Variance No. 281 be approved subject to the recommenda- tions of the Planning Commission, on file in the office of the City Clerk, with the further stipulation that the applicant dedicate to the City the northwest 301 for street purposes, with the understanding that the appli- cant does not have to improve the dedicated portion of the street except for any required drainage, and that a one-year time limit be imposed for the installation of curbs and gutters, either by owner or under the 1911 Improvement Act. The motion was seconded by C. Meyers, and -unanimously carried. Preparation Upon motion by C. Martin, seconded by C.. Pinkley, and unanimously carried, of Bonds on authority was granted to employ Jeffries Bank Note Company to prepare the V.P.D. #2 bonds for sale in connection with Vehicle Parking District #2. Notice Invit- The City Attorney advised that since the City has received a new proposal ing Bids on on the City Hall, said proposal having been accepted by the City, a date CITY HALL for the bid opening should be set to coincide with the contemplated build- ing program. Thereupon C® Smith moved that the City Clerk be authorized to publish the Notice Inviting Bids on the City Hall and that the City be authorized to accept and.open said bids on,December.28, 1956, at 7:30 p.m. The motion was seconded by C. Martin, and unanimously carried. RESOLUTION Pursuant to a written request from R. M. C. Fullenwider, Secretary -Manager #289 of the 32nd District Agro ultural Association, C. Pinkley moved the adoption of Resolution No. 289, "A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE WATER SUPERINTENDENT TO ENTER INTO AN AGREEMENT WITH. THE 32ND AGRICULTURAL DISTRICT." said agreement relative to service agreement No. 47. The motion was seconded by C. Meyers, and Resolution No. 289 was adopted by the fol- lowing roll call votes - - - Suggested The Deputy Clerk read a communication from the -Planning Technician in which Changes in he recommended to the Council that changes be made in Ordinance No. 32 in Ord. #32 connection with the R2 zoning classification, to be adopted concurrently with adoption of the Master Plan, which recommendations are on.file in the AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Orange County Upon motion by C. Pinkley, seconded by C. 'Smith, and unanimously carried, Council Permit a permit was granted to Camp Fire Girls, Orange'County Council, to conduct a fund raising annual peanut sale from January 18 to February 3, 1957, from- romdowntown downtownbooths and by residential door-to-door contact, and the fee waived. 2 -Hour Parking Pursuant to a petition previously submitted by 13 merchants and business Harbor Blvd. firms on Harbor Boulevard requesting that parking time on Harbor Boulevard between 19th Street and Newport Boulevard be extended to a 2 -hour limit, the Deputy Clerk read a communication from R. M. Healey, Traffic Division, advising the Council of his,findings in this regard as a result of personal contact with the petitioners. Upon recommendation of the Traffic Division, and upon motion by C. Pinkley, seconded by C. Martin, and unanimously car- ried, the petition for 2 -hour parking on Harbor Boulevard was denied. Incorporation The Deputy Clerk read a Resolution of the Board of Supervisors of Orange of Fountain County advising that this Board has received a Notice of Intention to Cir - Valley culate a Petition seeking the incorporation of a new city to be known as the City of Fountain Valley, together with the -legal description thereof, and notice of Boundary Commission approval. Upon motion by C. Pinkley, seconded by C. Meyers, and unanimously carried, the notification was ac- cepted and ordered filed. Suggested The Deputy Clerk read a communication from the -Planning Technician in which Changes in he recommended to the Council that changes be made in Ordinance No. 32 in Ord. #32 connection with the R2 zoning classification, to be adopted concurrently with adoption of the Master Plan, which recommendations are on.file in the office of the City Clerk. Upon motion by C. Smith, seconded by C. Pinkley, and unanimously carried, the letter was received and passed to Committee Session, to be taken up at the first meeting with Welton Becket and Associates. ORDINANCE #150 Ordinance No. 1505, "AN ORDINANCE OF THE CITY OF COSTA MESA ESTABLISHING Director of THE POSITION OF DIRECTOR OF FINANCE AND DEFINING HIS POWERS AND DUTIES," Finance was introduced by C. Martin. Following full reading of the Ordinance, (1st Reading) section by section, C. Smith moved that this constitute the first read- ing of Ordinance No. 150. 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 RESOLUTION Resolution No. 290, 'fA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF #290 COSTA MESA CREATING THE POSITION OF SENIOR ACCOUNTANT AND ESTABLISHING Senior AccItant THE COMPENSATION THEREFOR," was presented and read. Thereupon C. Meyers moved the adoption of Resolution No. 290. The motion was seconded by C. Pinkley, and carried by the folloTring roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers NOES: Councilmen - Nelson ABSENT: Councilmen - None RESOLUTION #291 Resolution No. 291, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Aptg. Director COSTA MESA APPOINTING RAY HARTZ LER DIRECTOR OF FINANCE, ESTABLISHING of Finance THE COMPENSATION THEREFOR, AND DEZETING THE CLASSIFICATION OF FISCAL OFFICER FROM RESOLUTION 14-F,tt was presented and read. Thereupon, C. Martin moved the adoption of Resolution No. 291. The motion was second- ed by C. Pinkley, and Resolution No..291 was adopted by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Transfer of A -request was submitted by R. W. Bartine, lessee of building at 111 East Bartine Lease 18th Street, requesting consent of the City of Costa Mesa, lessor, to V.P.D. #1 assign his lease to Sandy Carlson, 605 Iris Avenue, Corona del Mar, for the remainder of the term. The Deputy Clerk read the written recommenda- tions of the Parking Commissioners of Vehicle Parking District #1 on the above, which recommendations are on file in the office of the City Clerk. After considerable discussion, C. Pinkley moved that the City of Costa Mesa consent to the assignment of the Bartine lease, accepting the recommendations of the Parking Commissioners, with the exception of the time period, assignment to be for the duration of the term of lease. The motion was seconded by C. Meyers, and unanimously carried. At this point in the meeting, C. Pinkley left the chambers. RESOLUTION Resolution No. 292, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF #292 COSTA MESA APPROVING A LEASE BETWEEN LENA J. SMALL -EY AND THE CITY OF (Smalley) COSTA MESA -FOR WATER 'EXPLORATION PURPOSES, AND AUTHORIZING THE -EXECUTION THEREOF," was presented and read. Thereupon C. Martin moved the adop- tion of Resolution No. 292. The motion was seconded by C. Meyers, and carried by the following roll call vote: AYES: Councilmen - Martin, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - Pinkley RESOLUTION Resolution No. 293, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA #293 MESA APPROVING A LEASE BETWEEN HARRY L. DADY AND JENNIE M. DADY, HUSBAND (Dady) AND WIFE, AND THE CITY OF COSTA MESA FOR WATER -EXPLORATION PURPOSES, AND AUTHORIZING THE EXECUTION THEREOF," was presented and read. Thereupon C. Martin moved the adoption of Resolution No. 293. The motion was seconded by C. Meyers, and carried by the following roll call vote: AYES: Councilmen - Martin, Smith, Meyers NOES: Councilmen - Nelson ABSENT: Councilmen - Pinkley 1 1 1 RESOLUTION Resolution No. 294, "A RESOLUTION OF THE CITY COUNCIL OF TIE CITY OF COSTA #294 MESA APPROVING A LEASE; BETWEEN LEONARD W. BERNER AND LYDLA W. BERNER, (Berner) HUSakND AND WIFE, AND THE CITY OF COSTA MESA FOR WATER EXPLORATION PURPOSES, AND AUTHORIZING THE EXECUTION THEREOF,' was presented and read. Thereupon C. Martin moved the adoption of Resolution No. 294. The motion was second- ed by C. Meyers, and carried by the following roll call vote: Variance Application No. 288 was submitted in the name of Mark M. Tapscott, AYES: Councilmen - Martin, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - Pinkley RESOLUTION #295 Resolution No. 295, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING A LEASE BETWEEN ANTON H. SEGERSTROM ET AL AND THE CITY OF (3egerstrom) COSTA MESA ,FOR WATER. EXPLORATION PURPOSES, AND AUTHORIZING THE EXECUTION THEREOF." was presented and read. Thereupon C. Martin moved the adoption of Resolution No. 295. The motion was seconded by C. Meyers, and carried by the following roll call vote: AYES: Councilmen - Martin, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - Pinkley RESOLUTION Resolution No. 2965 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA #296 MESA APPROVING A LEASE BETWEEN ARTHUR J. GISLER AND MARY A. GISLER AND THE CITY OF COSTA VESA FOR WATER EXPLORATION PURPOSES, AND AUTHORIZING THE EXECUTION'THEREOF," was presented and read. Thereupon C. Martin moved the adoption of Resolution No. 296. The motion was seconded by C. Meyers, and carried by the following roll call vote: ALL AYE AYES: Councilmen - Martin, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - Pinkley Bond Release Upon recommendation of the City Engineer, and upon motion by C. Smith, TRACT ;1#2787 seconded by C. Meyers, and unanimously carried, the Council accepted the improvements in Tract #2787, which have been completed in accordance with plans and specifications, and ordered the bond exonerated. At this point in the meeting, C. Pinkley reentered the chambers. 'Bond Release Upon recommendation of the City Engineer, and upon motion by C. Smith, TRACT #2836 seconded by C. Meyers, and carried, the Council accepted the improvements in Tract #2836, which have been completed in accordance with plans and. specifications, and ordered the bond exonerated. ,(Pinkley voted NO) Bond Release Upon recommendation of the.City Engineer, and upon motion by C. Smith, TRACT #2991 seconded by C. Meyers, and carried, the Council accepted the improvements in Tract #2991, which have been completed in accordance with plans and specifications and ordered the bond exonerated. (Pinkley voted NO) Foursquare In the matter of the request by the Foursquare Church for placement of Church"Signs signs, it was moved by C. Pinkley, seconded by C. Meyers, and unanimously carred, that action be deferred until the next regular meeting, the City Clerk to request that a representative from the church be present at that time with more detailed information for the Council. Variance #285. Variance Application No. 285 was submitted in the name of Markle E. West, (liest) 280 East 15th Street, to -allow a trailer home on a vacant lot adjacent to the above property, an R4 zone. 'Upon 'recommendation of the Planning Com- mission, and upon motion by C. Pinkley,-seconded by C. Meyers, and unani- mously carried, Variance Application #285 was approved for a period of six months, an extension to be granted 4t that time if needed. Variance #287 Variance Application No. 287 was submitted in the -name of Floyd L. T7elborn, (TnTelborn) 354 La Perle Place, requesting a 201 rear yard setback and to allow two 2r - bedroom duplexes on 11,760 sq. ft. of lot area in an R4 zone. Mayor Nelson - asked ;.if there was anyone in the audience wishing -to speak on the Variance, whereupon Mr. Mathews, the builder, addressed the Council in this regard. Upon recommendation of the Planning Commission, and upon mbtion by C. Pink - ley, seconded by C. Meyers, and unanimously carried, Variance Application No. 287 was approved providing the proposed driveway between the duplexes be changed to a 201 width. Variance Application No. 288 was submitted in the name of Mark M. Tapscott, Variance #288 14092 Brenan Way, Santa Ana, requesting a 10' -rear yard setback for (Tapscott) apartment building to be located 2301 east of Newport Boulevard on the west side of Rochester Street, a C2 zone. Mr. Tapscott was present to speak on this application. Upon motion by C. Pinkley,:seconded by C. Smith, and unanimously carried, Variance Application No. 288 was approved subject to the recommendations of the Planning Commission on file in the office of the City Clerk. Variance #289 Variance Application No. 289 was submitted in the name of Palmateer- (Palmateer- Birdwell Corporation, 1303 Columbine Place, Anaheim, requesting 13 units Birdwell) on 38,437 sq. ft. of land area at 382 Victoria Street, an R4 zone. Upon recommendation of the Planning Commission, and upon motion by C. Pinkley, seconded by C. Meyers, and unanimously carried, Variance Application No. 289 was approved. 1 Petition #20 Rezoning Petition No. 20, having been referred to the Planning Commission Rezoning; and on October 1st for further action, and submitted in the name of Newport Variance #291 Balboa Savings & Loan Association, 3366 Via Lido, Newport Beach, for the M.B.S. & L.) rezoning of Tract No. 2845 from R4 to R2, was submitted to the Council by the Planning Technician with the recommendation that the Petition be with- drawn and resubmitted as a variance, as conditions cannot be placed on a rezoning request. Steve Smith was present and consented to withdrawal of the Rezoning Petition. Thereupon; Variance Application No. 291 was submitted to per- mit three dwellings per lot on Tract No. 2845. C. Smith moved that Vari- ance Application'No. 291 be.,approved subject to the recommendations of the Planning Commission on file in the office of`the City Clerk. The motion was seconded by C. Meyers. After discussion, C. Meyers moved that the motion be amended by requiring two usable off-street parking spaces per unit, four spaces for two units and five spaces for three units, per lot. The motion was seconded by C. Nelson, and the motion to amend the original motion failed by the following roll call vote: AYES: Councilmen - Meyers; Nelson NOES: Councilmen - Martin, Pinkley, Smith ABSENT: Councilmen - None Variance Application No. 291 was denied by the following roll call vote: AYES: Councilmen - Smith, Meyers NOES: Councilmen - Martin, Pinkley, Nelson ABSENT: Councilmen - None Petition #21 Rezoning Petition No: 21, submitted in the name of Newport Balboa Savings Rezoning; and and Loan Association, 3366 Via Lido, Newport Beach, for the rezoning of Variance #292 Tract No. 3143 from R4 to R2, was submitted to the Council by .the Plan- (N.B.S. & L.) ning Commission with the recommendation that the Petition be withdrawn and resubmitted as a Variance, as conditions cannot be placed on a�re- zoning request. The applicant was present to consent to the withdrawal. Thereupon, Variance Application No. 292 was submitted to per- mit three dwellings per lot on Tract No-, 3143. Upon recommendation of the -Planning Commission, and upon motion by C. Pinkley, seconded by C. Martin, and -unanimously carried, Variance Application No. 292 was denied. Refund Request Upon motion by C. Smith, seconded by C. Meyers, and unanimously carried, on V.A. #271 a request for refund of fee on Variance No. 271, submitted in the name (Sorensen) of Vernon L. Sorensen, 2558 Orange Avenue, to be made to Thomas M. Holmes, Industrial Enterprises, was tabled until the next regular meeting to be held on December 17th, 1956. The Planning Commission recommended refund of the fee as applicant is now building under an Orange County Use Vari- ance pending annexation to.the.City. PERMITS Upon motion by C. Smith, seconded by C. Pinkley, and unanimously carried, a request for permit submitted in the name of Rainbow Disposal Company, P.O. Box 1112, Santa Ana, to conduct a rubbish Isposal business in the City, was approved for rubbish collection only. 'IC -100 'warrant Resolution No. WR -100, including Payroll #581 was presented for approval. On motion by C. Pinkley, seconded by -C. Meyers, Warrant Reso- lution No. WR -100 was adopted by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson -NOES: Councilmen - None ABSENT: Councilmen - None 1 509 Joint Powers Upon recommendation of the City Manager, and upon motion by C. 'Smith, Agreement seconded by C. Meyers, it was resolved that the City. of Costa Mesa be (Reservoir.) authorized to employ the law firm of OtMelveny & Myers of Los Angeles to assist in drafting the joint powers agreement between the City of Costa Mesa and the City of Newport Beach for the joint ownership and use of the proposed terminal reservoir and appurtenant facilities. The Resolution was adopted by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Adjournment Upon motion by C. 'Smith, seconded by C. Meyers, and unanimously carried, the meeting.was adjourned at 10:00 P.M. ;Ia4y th Ci y of Costa Mesa ATTEST: .2 City Clerk of the City of os to Mesa 1 1