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HomeMy WebLinkAbout10/20/1958 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA October 20, 1958 W� The City Council of the City of Costa Mesa, California, met in regular session at 7:30 o'clock p.m., October 20, 1958, at the City Hall, 695 West 19th Street, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the flag and invocation by the Reverend Fred David. ROLL CALL Councilmen Present: Rea, B. Smith, Meyers, Pinkley, J. Smith. Councilmen Absent: None. Officials Present: City Manager, Director of Public Works, City Attorney, City Engineer, Director of Finance, Chief Deputy City Clerk, Right -of -Way Engineer. MINUTES Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried, the minutes of the meeting of October 6, 1958, were approved as written and previously distributed. OPENING OF BIDS The Mayor announced that this was the time and place set for the open - Mesa Drive- ing of bids;for the construction of a storm drain system on Mesa Drive Santo Tomas and between Mesa Drive and Santo Tomas. The Clerk announced that the Storm Drain Notice Inviting Bids had been duly published and seven bids.had been received. The bids were then publicly opened, read, and declared, as follows: The communications having been publicly read, the Mayor declared the hearing open and the following spoke from the floor: on approval, Mr. Selim Franklin, Jr., Mr. O'Dell, Mr. Selim Franklin, Sr.; on denial, Mr. Paul Rowland, Mr. Daniel Donahoe, Mr. Joseph Burney, Mr. Crudmeier, Mr. Ed Noonan, Mr. R. V. McGregor, Mr. Doug Dreier, Mr. Murray McCachrin, Mr. Thayer, Mrs. Robert Hyatt, and others. A11 persons wishing to be heard having been -heard, the hearing was closed upon motion by Councilman B. Smith, seconded by Councilman Rea, and carried. After discussion among the Councilmen, Mayor Smith moved that action on the rezone petition be deferred until November 3rd, 1958 to permit further study. The -motion was seconded by Councilman Meyers and lost by the following roll call vote: AYES: Councilmen Meyers, J. Smith NOES: Councilmen Rea, B. Smith, Pinkley ABSENT: Councilmen - None NAME AMOUNT Ace Pipeline Construction Co. $6,447.80 Edwin L. Barkley 2,838.00 Fewell Concrete Pipe Co. 5.,373-90 G. C. Davison 6,030.00 Peerless Pipe Co. 4,868.80 Worley Company 4,620.04 James I. Gallacher 4,019.92 Upon motion by Councilman B. Smith, seconded by C. Rea, and carried, the bids were referred to the City Manager, City Engineer, and Director of Public Works for checking and report back to the Council. The City Manager reported that the bids had been checked and Edwin L. Barkley found to be the lowest responsible bidder. On motion by Councilman Pinkley, seconded by Councilman B. Smith, the contract was awarded to Edwin L. Barkley, in the amount of $2,838.00, by the following roll call vote: AYES: Councilmen Rea, B. Smith, Meyers, Pinkley, J. Smith NOES: Councilmen:- None ABSENT: Councilmen - None PUBLIC HEARING The Mayor announced that this was the time and place set for public hear - Rezone Petition ing on Rezone Petition No. 46, being the petition of the Southern Cali - No. 46 - So. fornia Bible College to rezone a portion of the College's property at Calif. Bible 2525 Newport Boulevard from R-4 to C-1 and M -1-A, as particularly des - College cribed and set forth on a map attached to and made a part of the peti- tion. The Clerk announced.that the Notice of Public Hearing had been duly published, and the following written communications had been re- ceived, all requesting denial: Newport Harbor Board of Realtors, by Matt LaBorde', President: Harold Conn, Director, College Park Association; petition with 338 signatures. The communications having been publicly read, the Mayor declared the hearing open and the following spoke from the floor: on approval, Mr. Selim Franklin, Jr., Mr. O'Dell, Mr. Selim Franklin, Sr.; on denial, Mr. Paul Rowland, Mr. Daniel Donahoe, Mr. Joseph Burney, Mr. Crudmeier, Mr. Ed Noonan, Mr. R. V. McGregor, Mr. Doug Dreier, Mr. Murray McCachrin, Mr. Thayer, Mrs. Robert Hyatt, and others. A11 persons wishing to be heard having been -heard, the hearing was closed upon motion by Councilman B. Smith, seconded by Councilman Rea, and carried. After discussion among the Councilmen, Mayor Smith moved that action on the rezone petition be deferred until November 3rd, 1958 to permit further study. The -motion was seconded by Councilman Meyers and lost by the following roll call vote: AYES: Councilmen Meyers, J. Smith NOES: Councilmen Rea, B. Smith, Pinkley ABSENT: Councilmen - None Upon motion by Councilman Pinkley, seconded by Councilman B. Smith, and carried, the Council concurred with the recommendation of the Planning Commission for denial of the petition and Rezone Petition No. 46 was denied by the following vote: AYES: Councilmen Rea, B. Smith, Pinkley NOES: Councilmen J. Smith, Meyers ABSENT: Councilmen -'None HARRY SCHICK Councilman Pinkley presented a resolution commending Harry Schick for Commended as long and faithful service as the City's first mail carrier. Upon City's First motion by Councilman Pinkley, seconded by Councilman Meyers, Resolution Mail Carrier No. 520, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Res. No. 520 MESA COMMENDING HARRY SCHICK ON THE COMPLETION OF 28 YEARS OF SERVICE IN THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Councilmen Rea, B. Smith, Pinkley, Meyers, J. Smith NOES: Councilmen = None ABSENT: Councilmen - None Mrs. Hazel Gill, Postmistress, expressed the appreciation of the Post Office -staff for the Council's recognition of Mr,. Schick's ser- vice, saying that he was not a mail carrier but a Costa Mesa insti- tution. RECESS The Mayor declared a recess at 9:40 p.m., and the Council reconvened at 9':55 p.m. TRUCK CONTROL The City Attorney requested authorization to prepare an Ordinance ORDINANCE to restricting the operation of through trucks on residential streets. be drafted Upon motion by Councilman Pinkley, seconded by Councilman Rea, and carried, the proposed ordinance was ordered drafted. RESOLUTION NO. 521 An agreement with the Division of Highways of the State of Calif - Freeway Agreement ornia for the initial construction work on the proposed freeway with State between Walnut Place and Palisades Road, was presented. Upon motion by Councilman Pinkley, seconded by Councilman Rea, Reso- lution No. 521, being A RESOLUTION OF THECITY COUNCIL OF THE CITY OF COSTA MESA APPROVING A FREEWAY AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF PUBLIC WORKS, DIVISION OF HIGHWAYS, FOR THAT PORTION OF THE NEWPORT FREEWAY LYING BETWEEN WALNUT STREET, -IN ,THE EXISTING NORTHEASTERLY, CITY LIMITS OF THE CITY OF 'COSTA..MESA, AND AUTHORIZING THE EXECUTION OF SAID AGREEMENT ON BEHALF OF THE CITY, wa"s adopted by the following roll call - vote' AYES: Councilmen Rea, B. Smith, Pinkley, Meyers, J. Smith NOES: Councilmen - None ABSENT: Councilmen - None The City Manager reported that the State had informed him six additional traffic signals would be installed -in connection with the proposed freeway improvement. REPORTS The City Engineer presented the final map of Tract No. 2788, sub - City Engineer mitted in the name of Towne Estates Inc. for the subdivision of 3.94 acres into 20 lots, located on Avocado and Wilson Streets, RESOLUTION NO. 522 together with a certified check,in the amount -of $1,646.15, a Final Map Tract bond in the amount of $18,350.00, and signed agreement. There - No. 2788 upon Councilman B. Smith moved .the adoption of Resolution No. 522, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE MAP OF TRACT NO. 2788 AND ACCEPTING THE STREETS AND ALLEYS SHOWN THEREON FOR PUBLIC USE AND HIGHWAY PURPOSES AND RUTH- ORIZING THE CITY CLERK TO SIGN SAID MAP AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN'THE AGREEMENT. The motion was seconded by Councilman Pinkley, and Resolution No. 522 was adopted by the following roll call vote: AYES: Counci]menRea, B. Smith, Pinkley, Meyers, J. Smith NOES: Councilmen - None ABSENT: Councilmen - None RESOLUTION NO. 523 The City Engineer presented the final map of Tract No. 3115, sub - Final Map mitted in the name of A. H. Wilson Development Company for the Tract No. 3115 subdivision of 33.38 acres into,144 lots, located south of Gisler Avenue, together with a certified check in the amount of $14,516.80, a'bond in the amount of $159,600.00, and signed agreement. Thereupon Councilman B. Smith moved the adoption of Resolution No. 523, being A RESOLJUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE MAP OF TRACT NO. 3115 At ACCEPT- ING THE STREETS AND ALLEYS SHOWN THEREON FOR PUBLIC USE AND HIGH- WAY PURPOSES AND AUTHORIZING THE CITY CLERK TO SIGN SAID MAP AND R59 AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT. The motion was seconded by Councilman Pinkley, and Resolution No. 523 was adopted by the following roll call -vote: AYES: Councilmen Rea, Meyers, B: Smith, Pinkley, J. Smith NOES Councilmen -"-None ABSENT: Councilmen - None RESOLUTION NO. 524 Pursuant to Resolution No. 516; the City Engineer advised the Coun- NW Imp. District cil that the Report required by the Special Assessment Investigation, Engineer's Report Limitation and Majority Protest Act of -1931 for the improvement of West Victoria Street and certain other -streets and alleys in said City, had been completed, and thereupon presented the report of Laurence J. Thompson, Assessment Engineer, Manhattan Beach, hired by the City, explaining the general nature, location and extent of the proposed improvement in detail and the lands to be assessed to pay the cost thereof. Thereupon Councilman B. Smith moved the adoption of Resolution No. ORDINANCE NO. 209 524, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, " Setback, Lots 49- CALIFORNIA; APPROVING REPORT UNDER SPECIAL ASSESSMENT INVESTIGATION, 68, Tract No. 300 LIMITATION AND MAJORITY PROTEST ACt OF 1931, AND FIXING A DATE OF HEARING THEREON, IN THE MATTER OF THE NORTHWEST IMPROVEMENT DISTRICT, BEING THE IMPROVEMENT OF WEST VICTORIA STREET AND CERTAIN OTHER STREETS AND ALLEYS IN SAID CITY. The motion was seconded by Council- man Pinkley, and carried by the following roll call vote: AYES: Councilmen Rea, Meyers, B. Smith, Pinkley, J. Smith NOES: Councilmen - None ABSENT: Councilmen - None (Hearing date set for'December 15, 1958) Director of.Finance Upon motion by Councilman Pinkley seconded by Councilman Meyers and and City Treasurer carried, the report of the Director of -Finance and City Treasurer Reports for the month of -September., was received and ordered filed. Postal Credit The Director of Finance requested authority in the amount of $400.00 Authorization for postage credit in connection with the new postal meter. Upon ,motion by Councilman B. Smith, seconded by Councilman Pinkley, the requested expenditure was authorized by the following roll call vote: AYES: Councilmen Rea, Meyers, B. Smith, Pinkley, J. Smith NOES: Councilmen - None ABSENT: Councilmen - None Rezone Petition Rezone Petition No. 48, being the petition of John Huntley, 10911 No:"48 set for South Atlantic Avenue, Lynwood, Calif6rnia, to rezone a portion of Hearing Nov. 3 Lot 6, Fairview Farms, South of Wilson Street and East of College Street, from R-4 to C-1, was presented. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried, Rezone Petition No. 48 was set for public hearing on"November 3, 1958 at 7:30 p.m. or as soon thereafter as possible, in the Council Chambers. Variance No. 515 Variance Application No. 515, being the application of Eileen Casey, Eileen Casey P. 0. Box 2063, Santa Ana, to permit two units in addition to the existing unit, with a 10 foot rear yard setback at 570 Victoria Street, having been deferred at applicant's request from the meeting of October 6th, was again.presented. In the absence of the applicant, action was.tabled upon motion by Councilman Meyers, seconded by Councilman Rea;:and;carried. Contract Awarded The City Manager reported that bids -for a fire truck submitted at for Fire Truck the meeting of October 6, 1958; had been checked for compliance with the specifications and that -the bid of the American LaFrance Company in the amount of $29,285.00 was found to be the lowest and best responsible bid. Upon motion by Councilman Pinkley, seconded by Councilman B. Smith, the contract, providing for payment in three years, was awarded to American LaFrance by the following roll call vote: AYES: Councilmen Rea, B. Smith, Pinkley, J. Smith, Meyers NOES: Councilmen - None ABSENT: Councilmen - None ORDINANCE NO. 209 Ordinance No. 209, -being AN ORDINANCE OF THE CITY OF COSTA MESA Setback, Lots 49- AMENDING ORDINANCE NO. 32, BEING ENTITLED: "AM ORDINANCE OF THE 68, Tract No. 300 CITY OF COSTA MESA ESTABLISHING LAND CLASSIFICATIONS IN DISTRICTS WITHIN THE INCORPORATED TERRITORY OF THE CITY OF COSTA MESA AND REGULATING THE USES OF PROPERTY HEREIN, ADOPTING A MAP OF SAID DIS- TRICTS, DEFINING THE TERMS USED IN THIS ORDINANCE, PROVIDING FOR THE ADJUSTMENT, ENFORCEMENT AND AMENM= HEREOF, PRESCRIBING FOR R139 VIOLATION HEREOF, AND REPEALING ORDINANCES AND PARTS OF ORDINANCES INCONSISTENT AND IN CONFLICT HEREWITH, was presented for second reading. Upon motion by Councilman..B. Smith, seconded by Council- man Rea, and carried, reading of the Ordinance in full was waived and it was read by title only. Thereupon Councilman Pinkley moved the adoption of Ordinance No. 209. The motion was seconded by Councilman Meyers, and Ordinance No. 209 was adopted by the following roll call vote: AYES: Councilmen Rea, Meyers, B. Smith, Pinkley, J. Smith NOES: Councilmen - None ABSENT: Councilmen - None ORDINANCE NO. 210 Ordinance No. 210, being AN ORDINANCE OF THE CITY OF COSTA MESA, Salaries CALIFORNIA, AMENDING ORDINANCE NO. 177, was presented for second reading. Upon motion by Councilman Meyers, seconded by Council- man Pinkley, Ordinance No. 210 was adopted by the following roll call vote: I AYES: Councilmen Rea, Meyers., B. Smith, Pinkley, J. Smith NOES: Councilmen - None ABSENT: Councilmen - None Tentative Tract Tentative Tract Map No. 2598, in the name of Fairlane Hanes, No. 2598 2826 Newport Boulevard, Newport Beach, to subdivide property at Fairlane Homes the northeast corner at 20th and Tustin, pending annexation, was presented. After discussion, Tentative Tract No. 2598 was ap- proved subject to the requirements of the City Engineer upon mo- tion by Councilman B. Smith, seconded by Councilman Pinkley, and carried. Tentative Tract Tentative Tract Map No. 2600, in the name of E. F. Phillips, No. 2600 1145 McCadden Place, Lynwood, for the subdivision of property be - E. F. Phillips tween Harbor Boulevard and College Street, and between Baker Ave- nue and Dale Way, was presented. After discussion, upon motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried, Tentative Tract'Map No. 2600 was approved subject to the require- ments of the City Engineer. Building Moving Building Moving Application No. 197, being the application of Application No.197 Richard L. Lawrence, 700 -2:11: -Begonia., Corona del Mar, to move a Richard L. Lawrence residential building from 1778 Orange Avenue to 327 Avocado Street, was read, together with the recommendation of the Plan- ning Commission for approval subject to the requirements of the' Building Department and the posting of a $3,500.00 bond. Upon motion by Councilman B. Smith, seconded by Councilman Rea, and carried, Building Moving Application No. 197 was approved subject to the requirements as set forth by the Planning Commission. E. 17th Street The Planning Commission requested establishment of a setback Setback line on East 17th Street between Newport Boulevard and Irvine ORDINANCE NO. 212 Avenue, as shown on a map attached to and made a part of the application. Upon motion by Councilman B..Smith, seconded by Councilman Meyers, and carried, Ordinance No. 212, being AN ORDINANCE OF THE CITY OF COSTA: MESA AMENDING ORDINANCE NO. 32, BEING ENTITLED: "AN.ORDINANCE OF ITHE CITY'OF COSTA MESA E8TAB- LISHING LAND CLASSIFICATIONS IN DISTRICTS WITHIN THE INCORPORATED TERRITORY OF THE CITY -OF COSTA MESA AND REGULATING THE USES OF PROPERTY HEREIN, ADOPTING A MAP OF SAID DISTRICTS, DEFINING THE TERMS USED IN THIS ORDINANCE, PROVIDING FOR THE ADJUSTMENT, EN- FORCEMM AND AMENDMENT.HEREOF, PRESCRIBING PENALTIES FOR VIOLA- TION HEREOF, AND REPEALING ORDINANCES AND PARTS OF ORDINANCES IN- CONSISTENT AND IN CONFLICT HEREWITH, was passed to second read- ing by the following roll call vote: AYES: Councilmen Rea, B. Smith, Pinkley, Meyers, J. Smith NOES: Councilmen - None ABSENT: Councilmen - None Setback on East The Planning Commission requested establishment of a setback line Side of Harbor on the East side of Harbor Boulevard, between Wilson Street and Boulevard Fair Drive at a minimum of'300.60 feet from the center line of Harbor Boulevard. Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried, the City Attorney was instruc- ted to draft an ordinance establishing the setback as required. 8 0'1 - RESOLUTION 525 An agreement and grant of easement, by and between the State of North Costa Mesa California, and the City of Costa Mesa, for the North Costa Mesa Storm Drain Agree- Storm Drain, was presented. Upon motion by Councilman Meyers, ment with State seconded by Councilman Rea, Resolution No. 525, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ACCEPTING, APPROVING, RATIFYING AND CONFIRMING AN AGREEMENT AND GRANT OF EASEMENT BY AND BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF COSTA MESA FOR THE NORTH COSTA MESA STORM DRAIN, AND AUTHORIZING THE EXECUTION OF SAID AGREEMENT ON BEHALF OF THE CITY, approving the agreement and author- izing its execution on behalf of the City, was adopted by the follow- ing roll call vote: AYES: Councilmen Rea, Meyers, B. Smith, Pinkley, J. Smith NOES: Councilmen - None ABSENT: Councilmen - None RESOLUTION 526 Upon motion by Councilman Pinkley, seconded by Councilman Meyers, Final Plans Resolution No. 526, being A RESOLUTION OF THE CITY COUNCIL OF THE Approved as CITY OF COSTA MESA, CALIFORNIA, APPROVING FINAL PLANS FOR THE NORTH Modified COSTA MESA STORM DRAIN AND FAIRVIEW CHANNEL AND AUTHORIZING CERTAIN CHANGES AND MODIFICATIONS THEREIN, was adopted by the following roll call vote:. AYES: Councilmen Rea, Meyers, B. Smith, Pinkley, J. Smith NOES: Councilmen - None ABSENT: Councilmen - None - Right of Way Deeds A right of way deed dated September 17, 1958, from Laurence L. Hol- brook and Rita Ethel Holbrook for that certain alley in Tract No. 612, was presented. Upon motion by Councilman Meyers, seconded by Council- man B. Smith, the deed was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen Rea, Meyers, B. Smith,a.Pinkley, J. Smith NOES: Councilmen - None ABSENT: Councilmen - None A right of way deed dated October -15, 1958, from Hugh C. Marshall for that certain street known as Avocado Street, was presented. Upon motion by Councilman Pinkley, seconded by Councilman Rea, the deed was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen Rea, Meyers, -B. Smith, Pinkley, J. Smith NOES: Councilmen - None ABSENT: Councilmen - None A right of way deed dated October 8, 1958, from Richard L. Lawrence, for that certain street known as Avocado Street, 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 Rea, Meyers, B. Smith, Pinkley, J. Smith NOES: Councilmen - None ABSENT: Councilmen - None A right of way deed dated September 29, 1958, from Alan C. Stoneman and Lois R. Stoneman, for the opening of Joann Street, 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 Rea, Meyers, B. Smith, Pinkley, J. Smith NOES: Councilmen - None ABSENT: Councilmen - None A right of way deed dated October 14, 1958, from W. M. Garvey, for the opening of Joann and Miner Streets, 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 Rea, Meyers, B. Smith, Pinkley, J. Smith NOES: Councilmen - None, ABSENT: Councilmen - None A right of way deed dated October:6, 1958, from Sherwood Forest De- velopers #3 (George D. Buccola), for the relocation of a storm drain from Tract No. 3227 to East 18th Street, was presented. Upon motion by Councilman Pinkley, seconded by C. Rea, the deed was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen Rea, Meyers, B. Smith, Pinkley, J. Smith NOES: Councilmen - None ABSENT: Councilmen - None 862 A right of -way deed from Alan C. Stoneman, Inc., executed by Alan C. Stoneman as President and Ted R. Swaine as Secretary, dated September 29, 1958, for the opening of Joann Street, 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 Rea, Meyers, J. Smith, Pinkley, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None A right of way deed dated October 6, 1958, from Harold B. Dawson, Lyla R. Dawson and Ned M. Dawson, for the opening of Joann Street, was presented. Upon motion by Councilman Rea, seconded by Councilman Meyers, the deed was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen Rea, Meyers, J. Smith, Pinkley, B. Smith NOES Councilmen - None ABSENT: Councilmen - None - A right of way deed dated October 6, 1958, from Newport Balboa Savings and Loan Association, for that certain street known as Elden Avenue, was presented. Upon motion by Councilman Meyers, seconded by Councilman B. Smith, the deed was accepted and ordered placed on record by the following roll call vote: ACES: Councilmen Rea, Meyers, J. Smith, Pinkley, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None A right of way deed dated September 29, 1958, from Marie E. Wemmer, for the opening of Joann Street, was presented. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, the deed -was accepted and ordered placed on record by the follow- ing roll call vote: AYES: Councilmen Rea, Meyers, J. Smith, Pinkley, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None A right of way deed dated October 6, 1958, fr6m Fede G. Bjorgo and Harold Bjorgo, for the opening of Joann Street, was presented. Upon motion by Councilman Rea, seconded by Councilman Meyers, the deed was accepted and ordered placed on record. by the following roll call vote: AYES: Councilmen Rea, Meyers, J. Smith, Pinkley, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None A right of way deed dated October 5, 1958, from Leo Layne and Leone Layne, for the opening of Joann Street, was presented. Upon motion by Councilman Pinkley, seconded by Councilman Rea, the deed was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen Rea, Meyers, J. Smith, Pinkley, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None A right of way deed dated October 9, 1958, from Claude D. Anderson and Lois Anderson, for that certain street known as Hamilton Street, was presented. Upon motion by Councilman Pinkley, seconded by Councilman Rea, the deed was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen Rea, Meyers, J. Smith, Pinkley, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None A right of way deed dated October 9, 1958, from Calude D. Anderson and Lois Anderson, for that certain street known as Maple Avenue, was presented. Upon motion by Councilman Rea, seconded by Councilman J. Smith, the deed was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen Rea, Meyers, J. Smith, Pinkley, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None A right of way deed dated October 8, 1958, from Edward H. Shipley and Joyce A. Shipley, for storm drain in that certain street known as Santa Tomas, 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 Rea, Meyers, J. Smith, Pinkley, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None A right of way deed dated October 8,,-1958., from Ernest W. Fields and Otha M`: Fields, for storm drain in that -certain street known. as Santo Tomas, was.presente.d.. Upon motion py,Councilman Meyers, seconded by Councilman B. Smith, the -deed was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen Rea, Meyers, J. Smith, Pinkley, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None A right of way deed dated October 8, 1958, from Mrs. Emily Walker Davis, for storm drain in that certain street known as Santo Tomas, was presented. Upon motion by Councilman B. Smithi seconded by Councilman Rea, the .deed was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen Rea, Meyers, J. Smith, Pinkley, B. Smith NOES: , Councilmen - None ABSENT: Councilmen- None A right of way deed dated October 17, 1958, from Roland D. Flaherty and Florence M. Flaherty, for that certain street known as Avocado Street, 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 Rea, Meyers, J.,Smith, Pinkley, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None A right of way deed dated October 16, 1958, from Harold B. Dawson, Lyla R. Dawson and Ned M. Dawson,,for that certain street known as Wilson Street, was presented. Upon motion by Councilman J. Smith, seconded by Councilman Meyers, the . deed was accepted and ordered placed.on record by the following -roll call vote: AYES: Councilmen Rea, -Meyers, J. Smith, Pinkley, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None A right of way deed -dated October 16, 1958, from Harold B. Dawson, Lyla R. Dawson and Ned M. Dawson, for that certain street known as Maple Street, was presented. Upon motion -by -Councilman Meyers, seconded by Councilman Rea, the deed was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen Rea, Meyers, J. Smith, Pinkley, B. Smith NOES: Councilmen - None .ABSENT: Councilmen - None RESOLUTION 527 The Clerk read a communication from the Orange County Boundary Com- Fairlane- Annexation mission approving the boundaries of the proposed Fairlane Annexation Hearing Set to the City of Costa Mesa. On motion by Councilman B. Smith, secon- ded by Councilman Rea, Resolution No. 527, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA OF INTENTION TO ANNEX, AND GIVING NOTICE THEREOF( setting public hearing November 17th) was adopted by the following roll call vote: AYES: Councilmen Rea, Meyers, J..Smith, Pinkley, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None RESOLUTION 528 The Clerk announced that the Orange County Boundary Commission had Bristol Annexation approved the boundaries of the proposed Bristol Annexation No. 2 to No.2, Hearing Set the City of Costa Mesa. Upon motion by Cou.ncilma.n Pinkley, seconded by Councilman Meyers, Resolution,No. 528, being A RESOLUTION OF THE CITY,COUNCIL OF THE CITY OF COSTA MESA OF INTENTION TO ANNEX, AND GIVING NOTICE THEREOF (setting public hearing November 17th) was adopted by the following roll call vote: AYES: Councilmen Rea, Meyers., -J. Smith, Pinkley, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None VARIANCE NO. 395A Variance Application No. 395-A, being the application of Dike and Dike & Colegrove Colegrove, Inc., 419 E. 17th Street, Costa Mesa, for extension of Variance No. 395 to permit a highway,sign for the Harbor Estates developments having been approved,by the Director of Planning, was presented.. -Upon motion by Councilman B. -Smith., seconded By Councilman Meyers, and carried, Variance No- 395-A was approved for one year or until the homes are sold, whichever is the sooner, and subject to the requirements of the Building Department. VARIANCE NO. 397A Variance Application No- 397-A, being the application of Alan Alan C. Stoneman,Ine.C. Stoneman, Inc-., 945 Afton Road, San Marino 9, for extension of the original variance to permit multiple residence use, was presented and upon motion by Councilman Pinkley, seconded by Councilman Rea, and carried, the Council concurred with the rec- ommendation of the Planning Commission and approved extension of the variance for one year subject to the conditions of the var- iance for one year subject to the conditions of approval of the original variance. VARIANCE NO. 525 Variance Application No. 525, being the application of Willard Willard L. Killion L. Killion, 3400 Via Lido, Newport Beach, to permit front set- back for buildings on Lots 1 through 21 of Tract No. 1644 to be 1 10 feet from the property line instead of the required 20 feet, was presented. The clerk read a petition with 27 signatures protesting the variance. Wayne Murdock spoke from the floor urging that the variance be granted and Frank McNise, 3007 Killybrooke Lane' spoke against it. George Conrad and Maureen Rischard also -spoke from the floor. Upon motion by Councilman B. Smith, seconded by Councilman Meyers, and carried, the Council concurred with the recommendation of the Planning Commission and granted the variance. AYES:- Councilmen Rea, B. Smith, Meyers, J. Smith NOES: Councilman Pinkley ABSENT: Councilmen - None VARIANCE NO. 526 Variance Application No- 526, being the application of Richard . L. Lawrence, -7002 Begonia, Corona del Mar, for a 19 foot 6 inch rear yard setback at 327 Avocado Street, was presented. Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried, the Council concurred with the recommendation of the Planning Commission and approved the variance. VARIANCE NO. 527 Variance Application No- 527, being the application of Roland _ Roland D. Chapman D. Chapman, 2545 Santa Ana Avenue, for permission to operate a drapery shop, including the fabrication of draperies and slip- covers, interior decorating and wholesale and retail sales at 2545 Santa Ana Avenue, his home, was presented with the recom- mendation of the Planning Commission for denial. Mr. and Mrs. Chapman, the License Inspector -and the Director of Finance, spoke from --the floor. After discussion, Councilman B. Smith moved that the Council grant the variance for one year, with the stipulation that there be no employees, no signs, no retail sales, and no renewal of the variance. The motion was seconded by.Councilman.Meyers, and carried by the following roll call vote: AYES: Councilmen Rea, B. Smith, Meyers, J. Smith, Pinkley NOES: Councilmen - None ABSENT: Councilmen - None VARIANCE NO. 528 Variance Application No. 528, being the application of Dr. Leon Dr. Leon Nelson Nelson, -115 Kings Place, Newport Beach, to permit a 50 foot set- back from the centerline of street on front, 20feet from the centerline of the alley in the rear, on Lots 10, 11, 19 and 20 of Tract No. 659 on the North side of East 17th Street, 380 feet Easterly of the centerline of Santa Ana Avenue, was presented, with the recommendation of the Planning Commission for approval as requested. Dr. Nelson spoke from the floor. After discussion, Councilman B. Smith moved that the Council concur with the Plan- ning Commission and approve the variance.. The motion was se- conded by Councilman Meyers, and carried. AYES: Councilmen Rea, B. Smith, Meyers, J. Smith, Pinkley NOES:- Councilmen - None ABSENT: Councilmen - None Abandonment of - A request from the Planning Commission that the Council consider Alley in Tract the abandonment of that portion of the 15.00 foot alley running No. 659 Easterly in Tract No. 659, was -presented., together with a com- munication from Roger Watson of Scottco, Inc., opposing the abandonment. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried, the.Planning Commission was ordered notified that the Council deemed it inadvisable to abandon the alley. PERMITS Upon motion by Councilman Pinkley, seconded by Councilman B. Smith �;Yyx '<QJ and carried, permit was granted Golden West Amusement for four juke boxes, at Horseshoe, Shamrock, Mesa Club and Honey Bucket respectively. Upon motion by Councilman Pinkley, seconded by Councilman B. Smith, and carried, permit was granted to Golden West Amusement to transfer, one juke box now located at the Penguin, to the Oasis Drive-in. Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried, permit was granted to Dick's Horseshoe for a one night dance on October 31st, 1958• Upon motion by Councilman B. Smith, seconded by Councilman Meyers, and carried, a dance permit was granted to the Oasis Drive-in for one year, from 11:00 a.m. - 12:00 midnight. Subject to approval by Police Chief. Mayor Smith voting No. Upon motion by Councilman B. Smith, seconded by Councilman Meyers, permit was granted to Mesa Miniature Golf for a miniature golf links at 2016 Newport Boulevard, in.the name of James Eaton, with the stipulation that the area be marked to provide off-street parking for 12 cars, with one ingress and egress to Newport Boulevard, under the supervision of the Director of Planning. The motion was carried by the following roll call vote: AYES: Councilmen B. Smith, Pinkley, Meyers, J. Smith, Rea NOES: Councilmen - None ABSENT: Councilmen - None Upon motion by Councilman Pinkley, seconded by Councilman B. Smith, and carried, permit was denied to Coast Cigarette Vendors for a juke box at Haps, 694 w. 19th Street. Pacific Outdoor Advertising:Co., requested permit to place two billboards on the building at 1795 and 1797 Newport Boulevard. Upon Motion by Councilman B. Smith, seconded by Councilman Meyers, and carried, the permit was granted. Pinkley voting No. Upon motion by Councilman Pinkley, seconded by Councilman Meyers and carried, the City Manager was instructed to make a study of billboard signs within the City. Oral Communications Mayor Smith called for oral Communications and there was no response. Written Communi- A communication from Leo and Leone Layne, 694 --West Wilson Street, cations protesting the proposed continuation of Pomona Street from Wilson Street to Joann Street, and urging that Pomona Street be extended directly North from its present intersection with Wilson Street, was read. Mr. Bill Myers spoke from the floor. Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried, the communication was referred to the Planning Commission. A communication from the County of -Los Angeles, expressing ap- preciation of the help rendered by the City Fire Department in the Monrovia fire disaster, was read. Upon motion by Councilman Rea, seconded by Councilman B. Smith, and carried, the communication was received and ordered filed. A communication from D. I. Huddleston, W. A. Tobias, and Raymond P. Stansbury, protesting the encroachment of a sign at the Stand- ard Oil Company station at Orange Avenue and East 17th Street, was read. Upon motion by Councilman B. Smith, seconded by Council- man Pinkley, and carried, the communication was referred to the City Manager. The Costa Mesa Post Office requested permission to anchor all street letter boxes and storage boxes in concrete, in accordance with a directive from the Post Office Department. Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried, the request was granted with stipulation that postal boxes be per- manently anchored in improved areas and temporarily in unimproved areas. The Downtown Businessmen's Association of Costa Mesa, Inc., requested an encroachment permit for the installation of Christmas decorations along the sidewalk area on the West side of Newport Avenue from 18th Street to Broadway. Upon motion by Councilman Rea, seconded by Councilman Pinkley, and carried, the request was granted. A communication from the Orange County Coast Association, Inc., concerning the formation of a Regional Park Plan, was presented and on motion by Councilman Pinkley, seconded by Councilman B. Smith, and carried the communication was received and ordered filed. The Disabled American Veterans, Jack Fisher Chapter 23, In., asked permission to stage the annual Forget-me-not sale on November 7 and 8, with members of the auxiliary selling flowers on the streets during that period. Upon motion by Councilman Rea, se- conded by Councilman Pinkley, and carried, the request was granted. WARRANT RESOLUTION Warrant Resolution No. 157, including Payroll No. 104, was.pre- NO. 157 sented. Upon motion by Councilman Pinkley, seconded by Council- man Rea, Warrant Resolution No. 157 was approved by the following roll call vote: AYES: Councilmen,.Pinkley, J. Smith, Meyers, Rea, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None City Manager Upon motion by Councilman Pink ley, seconded by Councilman Rea Reports and carried, the City Manager was authorized to notify County of Orange that the City was unable -to participate in the pro- posed traffic signal at Harbor Boulevard and Adams Avenue. ADJOURNMENT Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried, the meeting adjourned at 12:26 a.m. ' May 'of the City of Costa Mesa � ATTEST: City Clerk of the City of Costa Mesa 11