Loading...
HomeMy WebLinkAbout12/02/1957 - City Council679 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA December 2, 1957 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 p.m., December 2, 1957, at,the City Hall, 695 W. 19th St., Costa Mesa, California. The meeting was called to order by the Mayor followed by the Pledge of Allegiance to the Flag and Invocation by Reverend Richard H. Poss. ROLL CALL Councilmen Present: J.Smith, B.Smith, Pinkley, Meyers, Nelson Councilmen Absent: None Officials Present: City Clerk, City Attorney, City Engineer, Director of Finance, Planning Commissioner Wood MINUTES Upon -motion by Councilman B.Smith, seconded by Councilor -an J.3mith, and carried the minutes of the meeting of November 18, 1957 were approved as written and previously mailed out. Upon motion by Councilman-B.Smith, seconded by Councilman J.Smith, and carried the minutes of the adjourned meeting of November 19, 1957 were approved as written and previously mailed out. ORAL COMNNICATIONS The Mayor asked if there was anyone present wishing to speak on any item not on the agenda. There being no one wishing to -speak the Mayor called for written communications.' WRITTEN COMMUNI- A communication was read from Jerry L. Rickman, Americanism Chairman, Con - CATIONS chita Parlor No. 294, Native Daughters of the Golden West, requesting that December 9-15 be proclaimed as Bill of Rights Week. Upon motion by Council - Bill of Rights man J."Smith, seconded by Councilman Pinkley, and carried the Mayor was Week directed to issued a proclamation that December 9-15 be proclaimed as RL11 of Rights Week. A communication was read from Dike and Colegrove, Inc. 1119 E. 17th St. re- questing they be allowed $1,250.00 additional on the water lines in Tract 2955 due to the extra labor required to remove rock. The City Engineer informed the Council that this was a fair sum. Thereupon it was moved by Councilman B.13nith, seconded by Councilman Finkley that an amendment be made to the original agreement dated October 7, 1957 to pay the additional sum of $1,250.00 or a total of $6,616.84. The motion carried by the follow- ing ollowing roll call vote: AYES: Councilmen J.'Smith, B.Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Bus time extend- A communication was read from Edwakd W. Noack, Costa Mesa Transit request- ed ing an extension of four months to complete arrangements for the proposed Costa Mesa Transit. After discussion it was moved by Coup—oilman Pinkley, seconded by Councilman Meyers and -carried that the four month extension be granted. Thank you to A communication was read from Basil H. Peterson, President, Orange Coast Police Department College commending the Police Deparment for their cooperation and assis- tance -in protecting the campus and preserving order prior to and during the football game with Santa Ana. Upon motion by Councilman Pinkley, seconded by Councilman B.Smith, and carried that the letter be received and filed and the Police Department be commended on an excellent job. Isabel A communication was read from Mrs. Isabel Lawrence, 1838 Pomona, stating Lawrence that there was a steep drop off on her property, and she has been unable Complaint to use her garage. Mrs. Lawrence was present and requesbd the City to repair the damage. The Attorney informed Mrs. Lawrence that the City could make no repairs on private property, and if she felt that the con- tractor, -had. -damaged the property she.should,.contact them directly...:After further -discussion it was moved by Councilman B.Smith, seconded by Council man Meyers, and carried that the communication be referred to the City Engineer and City Attorney. M. Durante A communication was read from M. Durante, 1833 Pomona Avenue, stating that Compkint there is a high bank in front of his property and he would like it beveled so that he might place steps from the curb to his property, -and this was an easement belonging to the City. After further discussion it was moved by Councilman B.Smith, seconded by Councilman Pinkley, and carried that the letter be referred to the City Engineer and City Attorney and a recommenda- tion be brought back to the Council at the regular adjourned meeting of December 17, 1957. Mr: LDurante was present and requested when he oould meet the City Engineer and City Attorney. The -,-City Attorney stated that if Mr. Durante so desired-j-,twhey could meet, at the close of the meeting. RESOLUTION NO.425 Councilman B.Smith moved that Resolution No. 125, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA COMMENDING THE COACH AND FOOT- BALL TEAM OF ORANGE COAST COLLEGE ON WINNING THE FOOTBALL CHAMPIONSHIP cOF'aTHEr:.EA�STERN�C.ONFERENCE FOR THE SECOND TIME, be adopted. The motion was seconded by Councilman Pinkley, and carried by the following roll call vote: AY.ES,'.:f:-,Councilmen B.Smith, J®Smith, Pinkley, Meyers, Nelson NOES Councilmen - None ABSENT: Councilmen - None REPORTS Upon the recommendation of Carl Zeise, Assistant City Engineer, it was moved by Councilman B.Smith., that.full payment of $1,517.20 be made to nilly --Miller Construction Co. for the completion of the City Hall Parking Lot. The motion was seconded by Councilman Meyers,,and carried by the following roll call vote. - AYES: Councilmen B.Smith, J.Smith, Pinkley, Meyers, Nelson NOES.- Councilmen - None ABSENT; Councilmen - None A request was read from the Roven Spiegel Construction Co., 5656 w. Third St. L.A. 36, for an extension of one year on Tentative Tract Maps No. 2953 and 2954. After discussion it was moved by Councilman Pinkley that the extension be granted for a period of one year on the condition that the Roven-)Spiegel Co. let a contract within sixty (60) calendar days from date,,and work be commenced within ninety (90)calendar days from date on the completion of Fairview Avenue. The motion was seconded by Councilman Meyers and carried by the following roll call vote: AYES: Councilmen B.Smith, J.Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried the Report of the Director of Finance for three free permits and the following Departmental Reports for the month of November were accepted and ordered filed: Planning, Street, Civil Defense, Police, Building, P'oundmaster. REZONE PETITION Rezone Petition No. 40, initiated by the Planning Commission to rezone N0. 4o from Al to MIA the West 1/2 of Lot,7, Block E, Berry Tract was presented. Upon motion by Councilman Pinkley, seconded by Councilman J.Smi.th, and carried phblic hearing was set for Tuesday, December 17, 1957 at 8:00 p.m. or as soon thereafter as possible in the Council Chambers. REZONE PETITION 'Rezone Petition No. 41, initiated by the Planning Commission to rezone NO. 41 from Al to Ml the College Lumber Company, 2902 College Avenue was presented. Upon motion by Councilman B.:�nith, seconded by Councilman Meyers, and carried, public hearing was set for Tuesday, December 17, 1957 at 8:00 p.m. or as soon thereafter as possible in the Council Chambers. 1 ORDINANCE No. 189 Ordinance No. 189, entitled "AN ORDINANCE OF THE CITY OF COSTA MESA APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO THE CITY OF COSTA MESA, IN THE COUNTY OF ORANGE, KNOWN AS IfWADE ANNEXATION". was pre- sented for second reading. Following reading of the title, Councilman Pinkley moved that. further reading be waived, and that it be read by title only. Thereupon Councilman B.Smith moved the adoption of Ordinance No. 189. The motion was seconded by Councilman Pinkley and Ordinance No. 189 was adopted by the following roll call vote: AYES: Councilmen B.Smith, J.Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None VARIANCE NO. 401 A request to change the side yard setbacks from 10 ft. on each sde to John & Carmel 5 ft. and 15 ft. respectively on Variance No. 401,.being the application Colistra of John and Carmel Colistra for property adjoining 1838 Placentia Avenue was presented, with the recommendation of the Planning Commission for approval as per the plot plan amended under the date of November 25, 1957. After discussion it was moved by Couci7man B.Smith, seconded by Councilman J.Smith and carried that the action cf the Planning Commission be upheld. STANDARD DESIGN A standard Design for Industrial and Commercial Parking was presented for Industrial with the recommendation of the Planning Commission as follows: Industrial and Commercial Parking 'that the diagrams for the industrial parking as prepare -Ue Parking recommended for possible adoption with a width of 82611. Commercial Parking Diagram be recommended as.per the diagram. -After discussion it was moved by Councilman B.Smith., seconded by Councilman Pinkley, and carried that the City Attorney be instructed to draft an ordinance incor- porating these two diagrams and that he consult with the Chief of Police concerning the regulation of parking dividers in parking lots, and if advisble that this be included in the ordinance', RESOLUTION N0. 426 Resolution No. 126, being A RESOLUTION OF THE CITY COUNCIL(F THE CITY OF COSTA MESA FIXING AND ESTABLISHING THE `SALARY OF THE BUILDING.OFFICIAL OF ,SAID CITY was presented. On motion by Councilman B.'S<ni.th, seconded by Councilman Pinkley, Re,solution,No. 426 was adopted by the following roll call vote. AYESr Councilmen Pinkley, Meyers, J.Smith, B.Smith, Nelson NOES: Councilmen - None ABSENT: Councilmen - None RECESS DEERS OE RIGHT AWAY Norse Avenue 1 At this point -the Mayor declared a ten minute recess and reconvened the meeting at 8:40 p.m. A deed of Right of Way to,the Cit from Wale and Glennice E. Ericksc Avenue was presented. Upon motic Councilman J.Smith, the deed was by the following roll call vote: AYES: Councilmen Pinkley, NOES: Councilmen - None ABSENT: Councilmen - None A deed of .Right of Way t from Roy 0. and Doris I. was presented. Upon mot Meyers the deed was 'acce roll call vote; AYES: Councilmen NOES: Councilmen ABSENT: Councilmen y of Costa Mesa, dated November 21, 1957 ,n for that certain street known as Norse n by Councilman B.Smith, seconded by accepted and ordered placed on record Meyers, J.Smith, B.Smith, Nelson the City of Cos Reeg for that ce ,on by Councilman ted and ordered to Mesa dated November rtainstreet known as No B. Smith, seconded by placed on record by the 22, 1957 rse Avenue Councilman following Pinkley, Meyers, J.Smith, B.Zmith, Nelson - None - None A deed of Right of Way to the Ci from Henry R. and Helen B. Louv� ° Avenue was presented. Upon moti Councilman Pinkley the deed was ty of Costa Mesa dated November 219 1957 er;for that certain street known as Norse on by Councilman J.,Smith, seconded by accepted and ordered placed on record by the following roll.call vote: AYES: Councilmen Pinkley, NOES: Councilmen - None ABSENT: Councilmen - None Meyers, J.Smith, B.Smith, Nelson A deed of Right of Way to the City of Costa Mesa, dated ftom.Mrs. Ruth Franzen for that certain street known as presented. Upon motion by Councilman Pinkley, seconded Meyers the deed was accepted and ordered placed on record roll call vote: AYES: Councilmen Pinkley, NOES: Councilmen - None ABSENT: Councilmen - None November 22, 1957 Norse Avenue was by Councilman by the following Meyers, J.Smith) B.Smith, Nelson 68 A deed of Right of ZJay to the City of Costa Mesa dated. November 25, 1957 from Eldon M. and Sylvia Z. Jensen for that certain street known as Hamilton Street between Placentia Avenue and.Harbor Blvd. was presented. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, the deed was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen Pinkley; Meyers, J. -Smith, B.Smith, Nelson NOES: Councilmen - None ABSENT: Councilmen - None A deed of Right of Way to the City of Costa Mesa dated November 25, 1957 from Alan C. SToneman, Inc. for that certain street known as aWils.onz_. Street between Tkactw,No.,:.3143 ,� and Harbor Blvd. was presented. Upon motion by Councilman B.Smith seconded by CouncilmanPinkley the deed was accepted and ordered placed on record by the following roll call vote: AYE`S:. Councilmen Pinkley, Meyers, J.Smith, B.Smith, Nelson NOES: Councilmen - None ABSENT: Councilmen - None A deed of Right of Way.to the City of Costa Mesa dated November 14, 1957 from Vivian L. and Charles R. DePontee waspresented. Upon motion by Councilman J.Smith, seconded by Councikian Pinkley, the deed was accepted and ordered placed on record by the following roll.call vote: AYES: Councilmen J.Smith., B.Smith, Pinkley, Nelson, Meyers NOES: Councilmen - None ABSENT: Councilmen - None A deed of Right of Way to the City of Costa Mesa dated November 23, 1957 from Glenn G. and Evelyn R. Havens for that certain street known as Victoria Street, from Tract 1713 to Harbor Blvd. was presented. Upon motion by Councilman Meyers, seconded by Councilman B.Smith, and carried the deed was accepted and ordered placed on record by the following roll call vote: AYEBr Councilmen J.Smith, B.Smith, Pinkley, Nelson, Meyers NOES: Councilmen - None ABSENT: Councilmen - None W. VICTORIA M. A deed of Right of Way to the City of Costa Mesa, dated November 27, 1957 from Gerald Po. and Joy Timoney for :that certain street known as Hamilton Street between Placentia Avenue and Harbor Blvd.'was presented. Upon motion by Cuuncilman Pinkley, seconded by -Councilman Meyers the deed was accepted and ordered placed on record by the following roll call vote. AYES: Councilmen J.Smith., B.Smith, Pinkley, Nelson, Meyers NOES: Councilmen - None ABSENT: Councilmen - None A deed of Right of Way to the City of Costa Mesa, dated November 20, 1957 from Joseph E. and Dorothy E.,Munn for that certain street known as Hamilton Street between Placentia Avenue and Harbor Blvd. was presented. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried the deed was accepted and ordered placed on record by the following roll call,vote: AYES: Councilmen J.Smith, B.Smith, Pinkley, Nelson, Meyers NOES: Councilmen - None ABSENT: Councilmen - None A deed of Right of Way to the City of Costa Mesa, dated November 22, 1957 from Howard Charles McVickers for that certain.street known as'Hamilton Street between Placentia Avenue and Harbor Blvd. was presented. Upon motion by Councilman Pinkley, seconded by Counci lean Meyers, and carried, the deed was accepted and ordered placed on record by the following roll call vote.- AYES.- oterAYES: Councilmen J.'Smith, B.�Smith, Pinkley, Meyers, Nelson },.NOES: Councilmen - None AB67ENT: Councilmen - None A deed of Right of Way to the City of Costa Mesa dated November 20, 1957 from E. H. and Theca E. Von Ehrenberg for that certain street known as Hamilton 'Street between Placentia Avenue and Harbor Blvd. was presented. Upon motion by Councilman B.Smith, seconded by Councilman Pinkley the..._. deed was accepted and ordered placed on record by the following roll,call voter AYES:1 Councilmen J.Smith, B.'Smith, PInkley, Meyers, Nelson NOES.- Councilmen - None ABSENT: Councilmen - None A deed of Right of Way to the City of Costa Mesa dated November 25, 1957 from Lena Leoni for that certain street known as Hamilton Street between Placentia Avenue and Harbor Blvd. was presented. Upon motion by Councilman Pinkley, seconded by Councilman Meyers the deed was accepted and ordered placed on record by the following roll call vote AYES: Councilmen J.Smith, B.Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None A deed of Right of Way to the City of Costa Mesa dated November 20, 1957 from E. H. and Theda E. Von Ehrenberg for that certain street known as Hamilton Street between Placentia Avenue and Harbor Blvd. was presented. Upon motion by Councilman Pinkley, seconded by Councilman Meyers the deed was accepted and ordered placed on -record by the following roll call vote: AYES: Councilmen J.Smith_, B.Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None 683 A deed of Right of Way to the City of Costa Mesa dated November 25,.1957 from Gladys L. Vernon for that certain street known as Wilson Street. from Tract 3143 to Harbor'Blvd. was presented. Upon motion by Councilman B.Saith, seconded by Councilman Pinkley and carried the deed was accepted- and cceptedand ordered placed on record by the following roll call vote: AYES: Councilmen J.;�.i.th, B.Smith, Pinkley, .Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None A deed of Right of Way to the City of'Costa Mesa dated November 18, 1957 from Carl F. and Lois Woodmansee for that certain street known as Hamilton Street between Placentia Avenue and Harbor Blvd. was presented. Upon motion by Councilman Pinkley, seconded by Councilman J.Smith, the deed was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen J.Smith, B.Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None A deed.of Right•of Way to the City of Costa Mesa dated November 26, 1957 from Jack W. Watson for that certain street kn6wn as Hamilton Street be- tween Placentia Avenue and Harbor Blvd. was presented. Upon motion by Councilman Pinkley, seconded by Councilman J.Smith the deed was accepted and ordered. placed on record by the.following roll call vote: AYES: Councilmen J.Smith, B.Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None A deed of Right of Way to the City of Costa Mesa dated November 20, 1957 from Loring C. and Mary Ellen Cooper for the alley within,Tract No. 612 was presented. Upon motion by Councilman B.Smith, seconded by Councilman Pinkley and carried the deed1was ordered placed on record by the following roll call vote: AYES:. Councilmen J.`mith, B.,Smith,.Pinkley, Meyers, Nelson NOES- Councilmen - None ABSENT: Councilmen- None A deed of Right of Way to the City of Costa Mesa dated November 29, 1957 from Walter T. and Pearl E. Lawver was presented. Upon motion by Council- man Nelsori, seconded by Councilman Pinkley, and carried the deed was ordered placed on record by the following roll call vote:. . AYES: Councilmen J.Smith, B.Smith, Pinkley, Meyers., Nelson NOES: Councilmen - None ABSENT: Councilmen None A deed of Right of Way to the City of Costa Mesa dated November 29, 1957 from Carrie P. Fogarty for that certain street known as Hamilton Street between Placentia Avenue and Harbor Blvd. was presented. Upon motion by Councilman B.Smith, seconded by Councilman Pinkley the deed was accepted and ordered placed on record by the following -roll call vote: AYES:- Councilmen J.Smith, B.Smith., Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None E. 17th `St. A deed of Right of Way to the City of Costa Mesa dated November 29, 1957 from the Newport Heights Irrigation District for a.portion of that street commonly known as Knox Place was presented. Upon motion by Councilman B. Smith, seconded by Councilman Pinkley the deed was ordered accepted and placed on record by the following roll.call vote: AYES: Councilmen J.Smith, B.Smith., Pinkley, Meyers, Nelson NOES: Councilmen -,None ABSENT: Councilmen - None A deed of Right of Wa to the .City of Costa Mesa dated November 25, 1957 from Bernice H. and Jesse A. Linn for the Alley northeast -of 17th St. between.Tustin Avenue and Irvine Avenue was presented. Upon motion by Councilman Pinkley, seconded by Councilman B.Smith the deed was accepted and ordered placed on record by the following roll call vote AYES: Councilmen J 'Smith, B.Smith., Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None A deed of Right of Way to the City of Costa Mesa dated November 12, 1957 from General Petroleum Corporation for a portion of that certain highway commonly known as East 'Seventeenth Street, between Irvine Avenue and Newport Blvd. was presented. Upon motion by Councilman.B.Smith, seconded by Councilman Meyers the deed was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen J..Zmith, B.Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None VARIANCE NO. 400 Variance Aniicati:on No. 400, being the application of Samuel Rankin, Rankin, Swhab, and Samuel B. Swhab and Maruice Gross.of 7907-E. 8th St., Downey, California Gross to permit a 100 space trailer park on Bay Street was read with the recom- mendation of the Planning Commission for denial for the following reasons: 1) There seems to be almost 100% protests. 2) There doesn't appear to be any special circumstances. 3) This area should be multiple residential rather than any other type of use. A communication in favor of the trailer park was read from Lucy E. MacCarter, 2170 Harbor Boulevard. Mr. and Mrs. Frank Pesenti, 390.W. Bay Street, Mr. and Mrs. S. L. Kaneubbe, 381 W. Bay Street were present and spoke in protest of another trailer park in that vicinity. After further discussion it was moved by Councilman J.Smith that the action of the Planning Commission for denial be upehdl. The motion was seconded by Councilman Pinkley,and_, carried by the following roll call vote: AYES: Councilmen J.Smith, B.Smith, Pinkley, Meyers, Nelson NOES:, Councilmen - None ABSENT: Councilmen - None VARIANCE NO. 409 Variance Application No. 409, being the application of Richfield Oil Richfield Oil Corp. Corp., 1406,W. Broadway,.Anaheim,.California, to permit installation of a primp island.,and sign in building setback on 19th as per the layout. Pump island to be 13 ft. 9 in inside the.property line and23,ft.9._in. inside the.curb line, with the AMENDED REQUEST OF APPLICANT OF it -2547 to install pump island in building setback on 19th as per the layout. Pump island will be within 21 ft. of the curb line along E. '19th Street, was presented together with the recommendation -of the Planning Commission for approval sn. condition°.that there. be 'a- commercial: sideti&lk along E. 19th 'Street; and on the further condition that , in case of the future widening of E. 19th Street, that the pump island will be set back without'expehse to the City. The Council discussed the theatre parking and if'this station is built at the corner where the theatre customers would park. Mr. Dungan informed the Council that he had written a letter to the Griffith Co. approximately one week earlier requesting that they submit a plan showing the -proposed parking, if such is planned. Theiepresentative from the'Richfield Oil Corp. was present and stated they had not purchased the property from the'Griffith Company, and they understood they were planning to provide new parking in the rear. After further discussion with regards to the obligation of the Council for the parking it was moved by.Councilman B.Smith, seconded by Councilman Pinkley, and carried that action on Variance No. 409 be delayed until.something is forthcoming from the Griffith Co. on the parking area to be provided, that this be brogght up at the regular adjourned meeting of.December 17, 1957. VARIANCE NO. 412 The Mayor announced that this was the time and place set for'the public Elmer B. Smith hearing on'Variance Application No. 412, being the application of Elmer B. Smith, 2133 Continental, Costa.Mesa, to permit a rear yard encroachment to 0 ft. fro the construction of a commercial building in a 01 zone at 623 W. 19th 'Street was read with the recommendations of the Planning Com- mission for approval on the condition that there be not less than 14 ade- quate and properly marked off-streetparking spaces under the supervision of the Planning Technician. The Planning Technician stated that post cards had been mailed to all property owners within 300 ft. of the subject property.adu3csing them of this hearing and stating that the building plans were available for inspection._ The Mayor asked if there were any written communications. The Clerk read a communication from Cora A. Morres, 628 W. 19th St. protest ing the building of a warehouse in a commercial area. The Mayor then asked if aqrone desired to speak on the matter. Mr. Ee H. Von Ehrenberg spoke requesting that -adequate parking be_prov- vi.ded,-and that the plans that he had viewed in the Planning Department earlier in the day be made a part of the variance. The Mayor thereupon requested Mr. Don Butts, contractor for the. applicant, Mr. E. H. Von Ehrenberg, and Mr. Howard Lawson to examine the building plans of the applicant and to verify that said plans were the same as each had previously inspected in the office of the Planning Technician. All three of the above named persons therupon inspected said plan and each stated that the plan was the same plan each had previously inspected. The Mayor thereupon ordered said plans A1edS with the Clerk and announced that time would now be given to all persons desiring to examine them. No person desiring to further inspect said plans Mr. Howard Lawson U VARIANCE, NO. 414 Athens Builders Co., Inc. VARIANCE NO. 416 Manuel A.- Borba 1 Herm tJ stated that in his opinion the public hearing held by the Planning Commission on this matter was.illegal because the building plans had not been opened to inspection by the public, 'and that in his opinion the Planning Commissioners so holding were not fit to hold their positions. The City Attorney advised the. Council that the legality of the Planning Commission hearing was a legal question and that it was his opinion that the Public Hearing held by the Planning Commission was legal and that any irregularities were being corrected at this hearing. The City Attorney then asked those present if any question asked by them at he Planning Commission had not been answered. Mr. Howard Lawson stated that his question as to how the new building plans differed from the former building plans submtted by the applicant which had been in litigation, had not been answered to his satisfaction. The Mayor and Mr. Butts pointed out several differences, and Mr. Lawson stated this question had now been answered. The City Attorney again advised that this was a public hearing and stated that anyone desiring to speak would have full opportunity to do so. No person desired to speak. Whereupon after full discussion by.�the Council, Councilman B.Smith moved that a Variance for a rear yard encroachment to 0 ft. for the con- ,struction of a commercial building at 623 W.. 19th St be. granted subject to the foIbwing conditions: 1) That the building be built in accordance to the plans submitted and filed with the Clerk as finally approved by the Building Department.: 2) That adequate parking be provided as approved by.the Planning Technician. 3) That the building be used only for a purpose permitted in the Cl'zone. Councilman Pinkley seconded the motion. Thereupon, the Mayor asked if any person desired to speak on the motion, or if any person present was opposed to the proposed action. No person requested to speak and no person objected to the proposed action. Thereupon the motion was carried by the following roll call vote: AYES: Councilmen J.Smith, B.Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Variance Application No. 414, being the application d' Athens Builders Company, Inc. 5811 Westminster Avenue, Westminster to permit construc- tion of 3-4-4 unit, 2 bedroom apartment buildings, facing Ogle Street and 16th Place, Northwest of Tustin Avenue, was presented together with a communication from Jack Brennan, `Sr. requesting deferral until Monday evening, December 16, 1957,'due to the principal of Athens Builders, Inc. Mr.'T. P. Gregg, being called out of town. Mr. Randall 336 16th P1., Mr. Bob `Shaw, 3b Ogle Street requested that this continuance be heard on Monday, December 16, 1957 rather than Tuesda, December 17 at the adjourned meeting, and protested that they.had_not been told earlier that this was to be deferred. After further discussion it was moved by Councilman B.'Smith, seconded by Councilman Pinkley, and carried that action be,deferred to the meeting of December 16, 1957. Variance Application No. 416, being the application of.Manusl A. Borba, 1815 Tustin Avenue, to permit a 15 foot setback from center of alley in place of a 25 foot setback at the rear of 1845 Tustin Avenue was presented together with the recommendations of the Planning Commission for denial because 1) No adequate off-street parking 2) It is over -building in this fine_neighborhood. 3) There do not seem to be any special circumstances or merits. It was moved by Councilman Pinkley,'seconded by Councilman J. Smith, and carried that the action of the Planning Commission, be upheld. VARIANCE Variance Application No. 417, being the application of Herman Lee Taylor NO. 417 226 Cabrillo Street, to permit a home occupation of sharpening lawnmowers, Herman Lee Taylor saw, etc. in a workshop to be attached to the garage at 226 Cabrillo Street was presented together with'the recommendations of the Planning Commission for approval subject to the following conditions: 1) That this be for a period of one year subject to a possible extension if it is in order. 2) That there be no employees. 3) No retail sales.. 4) No signs or adver- tising on the premise. 5) None of the appliances are to be displayed on the premises. 6) That there be no working on Sundays and no noise from the activity after 6;00 P.M. 7) Before the Council meeting, obtain a written notification from'the immediate neighbors giving theCr consent. The Clerk reported that 8 communications from the surrounding neighbors in favor of the variance had been received. Upon motion by Councilman Pinkley, seconded by 'Councilman J.Zmi.th and carried the action of the Planning Commission was upheld. VARIANCE NO. 418 Variance Application No. 418, being the application of Muriel Wilhelmi, Muriel Wilhelmi 256 E. Knox St. for a permit to provide day care of children at 256 E. Knox Street was read with the recommendation of the Planning Commission for a-proval for a period of one year subject to the following conditions: 1) Not to exceed ten children during the day. 2) That there be no signs. 3) Not to exceed one employee. 4) That the applicant secure written ap- proval from the immediate neighbors before the Council meeting. The clerk reported that the signatures had been received for approval. Mr. and Mrs. Wilhel.mi were present. Mrs.'Wilhelmi requested that she be allowed more than ten children because she was sure that the state would allow her ad- ditional. After discussion it was moved by Councilman B.Smith, seconded by Councilman Pinkley that the recommendations of the Planning Commission be upheld, with the additional stipulations. 1) The State decide the, number of children allowed. 2) All City, County, State laws be followed. VARIANCE N0. 419 Variance Application No. 419, being the application of Fabre Construction Eabre Construction Corp. (George Buccola) to permit rear yard setbacks as follows in Tract No. -3242 - Lot No. 1, 10 ft. - Lots 10, 14, 15, 19,--5ft; was presented" together with the recommendation of the.Planning Commission for approval. Upon motion by Councilman B.Smith, seconded by Councilman J.Smith, and carried the action of the Planning Commission was upheld. VARIANCE N0. 420 Variance Application No. 120, being the application of Lee Toncray, Lee Toncray 1680 Superior Avenue to permit pahking of a house trailer on industrial site at 1680 Superior Avenue was presented, together with the recommenda- tions of the Planning'Commission for approval on the condition that there be proper and approved sanitary facilities available. It was moved by Councilman Pinkley, seconded by Councilman J.Smith, and carried that the action of the Planning Commission,be upheld with the stipulation that it be granted for a period of one year. VARIANCE N0. 421 Variance Application No. 421, being the application of Mrs. Helen G. Bray, Mrs. Helen Bray 1515 Santa Ana Avenue to permit the increasing of the number of children in an existing nursery school from ten to tweny pre-school children was presented together with the recommendations of the Planning Commission for approval subject to 1) There be not over three employees 2) No increased advertising than that already existing. A communication was read from Alois and Marie Skok, 289 Palmer Street st&ting that the school is noisy and that the children throw things over on to their property and they would like a cement block wall built along the property line, Mrs. Bray and her mother, Mrs. Gergrude Gireau were present to discuss the variance. After further discussion it was moved by Councilman Meyers, seconded by Councilman J.`Smith and carried that the action of the Planning Commission be upheld with the additional stipulations that a 6 ft. cement wall be built between the two properties in question, and that it be approved for a period of one year. VARIANCE N0. lt22 Variance Application No. 122, being the application of A. Lucia, A. Lucia to permit a 5ft rear yard setback for a two story building (lower.floor for a double garage and upper floor for a five room apartment.) was presented together with the recommendation of the Planning Commission for approval. Upon motion by Councilman.B.Smith, seconded by Councilman J. Smith and carried the action of the Planning Commission was upheld. PERMITS The application of Edwin L. and Harry H. Noonan for a Christmas Tree.Stand at 2054 Newport Blvd. from December 7 through 23 was granted on motion by Councilman B.Smith, seconded by Councilman Meyers, and carried. The application of Newport Harbor Yst Men for the sale of Christmas Trees from December 13 through 23 at 2304 Newport Blvd. was zpproved and the .fee waived on motion by Councilman J.Smith, seconded by Councilman Meyers, and carried. The application of Jim Seydlitz Lumber Co., for an auction to be held on Sunday, December 8 at 10.00 a.m.-at.19372 So. Bristol was approved. on motion by Councilman Pinkley, seconded by Councilman Meyers, and carried The application of Warren Hillman, and David Planchon to place pre -fab house numbers on curbs was approved subject to the approval of the type of numbers by the Chief of Police on motion by Councilman B.Smith, seconded by Councilman Meyers, and carried. 687 The application of Harold M. Bannon, 678 Capital Street to haul trash was approved upon motion by Councilman B.Smith, seconded by Councilman Meyers, and carried. Warrant REsolution No. WR 129, includng Payroll No. 82 was presented for approval. On motion by Councilman Pinkley, seconded by Councilman Meyers, WR No. 129 was adopted by the following roll d1l vote: AYES. Councilmen J.Smith,.B.Smith, Pinkley, Meyers, Nelson NOES: Coucilmen - None ABSENT: Councilmen - None Warrant Resolution No. 130 was presented for approval. On motion by Councilman Pinkley, seconded by Councilman B. Smith., WR No. 130 was adopted by the following roll call vote: AYES. Councilmen J®Smith, B.`Slaith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None CITY MANAGERS Assistant City Manager stated that the Street Foreman would like a load REPORT limit put on Fair Drive between Newport Blvd. and Fairview Road, and suggested a two ton limit. After discussion it was moved by Councilman J.Smith, seconded by Councilman Pinkley, and carried that the City Attorney draw up such an ordinance. Adjournment Upon motion by Councilman B.Smith, seconded by Councilman Meyers, and carried the meeting was adjourned at"11:00 p.m. Ma i o osta Mesa ATTEST. =City le� of the City of Costa MesaBY Chief Deputy