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HomeMy WebLinkAbout11/03/1958 - City Council8:61! REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA November 3, 1958 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 o'clock p.m., November 3, 1958, at the City Hall, 695 W. 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 P. G. Neumann. ROLL CALL Councilmen Present: Rea, B. Smith, Meyers, Pinkley, J. Smith Councilmen Absent: None Officials Present: City Manager, Asst City Manager, City Attorney, City Engineer, Director of Fin- ance, Chief Deputy City Clerk Minutes Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried, the minutes of the meeting of October 20, 1958, were approved as written and previously distributed. Change of Name of The Mayor announced that this was the time and place set for the East 17th Street decision of the proposed change of name of East 17th Street to Westcliff Boulevard. He stated that the public hearing had been closed on October 20 and asked if any of the Councilmen wished to speak. Councilman Meyers spoke in favor of the change as did Councilman B. Smith, who said he would favor the change if it were delayed 16 to 18 months. Councilman Rea, Pinkley, and Mayor Smith spoke against the proposed change. After discussion the proposal to change the name of East 17th Street to Westcliff Boulevard was denied upon motion by Councilman Pinkley, seconded by Councilman Rea, and carried by the following roll call vote: AYES: Councilmen J. Smith, Rea, Pinkley NOES: Councilmen B. Smith, Meyers ABSENT: Councilmen - None PUBLIC HEARING The Mayor announced that this was the time and place set for public Rezone No. 48 hearing on Rezone Petition No. 48, being the petition of John Hunt - John Huntley ley, 10911 South Atlantic Avenue, Lynwood, to rezone a parcel of land South of Wilson Street and West of College Avenue, from R-4 to C-1. The Clerk stated that Notice of Public Hearing had been duly published, and read a'communication from the applicant requesting continuance of the hearing for 90 days to permit the completion of plans for the development of the property. A letter from Sidney Sher, protesting the zoning change, was also read. The Mayor asked if anyone wished to speak on the proposed rezoning and no.one re- sponded. Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried, the hearing was continued to February 1, 1959• PUBLIC HEARING The Mayor announced that this was the time and place set for public Gisler Street No -3 hearing on the proposed Gisler Street No. 3 Annexation. The Clerk Annexation stated that the resolution of intention to annex had been published in the manner and time required by law, and that no communications had been received regarding the proposed annexation. Motion to close public hearing by Councilman Pinkley, seconded by Councilman Meyers, and carried. ORDINANCE NO. 213 Ordinance No. 213, being AN ORDINANCE OF THE CITY OF COSTA MESA AP- PROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO THE CITY OF COSTA'MESA, IN THE COUNTY OF ORANGE, KNOWN AND DESIG- NATED AS "GISLER STREET NO. 3 ANNEXATION", was read and upon motion by Councilman B. Smith, seconded by Councilman Rea, Ordinance No. 213 was passed to second reading by the following roll call vote: AYES: Councilmen Rea, Pinkley, J. Smith, Meyers, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None REPORTS The City Attorney presented Resolution No..532, being A RESOLUTION RESOLUTION NO. 532 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AUTHORIZING THE DIR- Civil_ Defense Sur- ECTOR OF FINANCE TO ENTER INTO AN AGREEMENT WITH THE STATE OF plus Property CALIFORNIA FOR THE PURCHASE OF CIVIL DEFENSE SURPLUS PROPERTY. Upon motion by Councilman B. Smith, seconded by Councilman Rea, Reso- lution No. 532 was adopted by the following roll call vote: AYES: Councilmen Rea, Pinkley, J. Smith, Meyers, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None RESOLUTION N0. 529 Resolution No. 529, being A RESOLUTION OF THE CITY COUNCIL OF THE Shull Deed CITY OF COSTA MESA ACCEPTING A DEED OF RIGHT OF WAY FOR THE IMPROVE- MENI' OF MAPLE AVENUE IN SAID CITY FROM DONALD D. SHULL, AND AUTHORIZING THE PAYMENT OF SEVERANCE DAMAGES, AND THE EXECUTION OF ESCROW INSTRUCTIONS BY THE MAYOR AND CITY CLERK.. adcepting a right of way deed from Donald D. Shull for the widening of Maple Avenue and authorizing the payment of severance damages in the amount of $98.00, was presented by the City Attorney. Upon motion by Councilman B. Smith, seconded by Councilman PinkLey, Resolution No. 529 was adopted by the following roll call vote: AYES: Councilmen Rea, Pinkley, J. Smith, Meyers, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None RESOLUTION NO. 530 Resolution No. 530, being A RESOLUTION OF THE CITY COUNCIL OF THE _ E. Messing Deed CITY OF COSTA MESA ACCEPTING A DEED OF RIGHT OF WAY FOR THE IM- PROVEMENT OF MAPLE AVENUE IN SAID CITY FROM ELIZABETH MESSING, AND AUTHORIZING THE PAYMENT OF SEVERANCE DAMAGES, AND THE EXECU- TION OF ESCROW INSTRUCTIONS BY THE MAYOR AND CITY CLERK, accep- ting a right of way deed from Elizabeth Messing for the widening of Maple Avenue and authorizing the -payment of severance damages in the amount of $120.00, was presented by the City Attorney. Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, Resolution No. 530 was adopted by the following roll ca.ii vote: AYES: Councilmen Rea, Pinkley, J. Smith, Meyers, B. Smith NOES: Councilmen = None ABSENT: Councilmen - None RESOLUTION N0. 531 Resolution No. 531, being A RESOLUTION OF THE CITY COUNCIL OF H. Greaves deed THE CITY OF COSTA MESA ACCEPTING A DEED OF RIGHT OF WAY FOR THE IMPROVEMENT OF HAMILTON STREET IN SAID CITY FROM HEDWIG GREAVES,, AND AUTHORIZING THE PAYMENT OF SEVERANCE DAMAGES, AND THE EXECU- TION OF ESCROW INSTRUCTIONS BY THE MAYOR AND CITY CLERK., accept- ing a right of way deed from Hedwig-Greaves for the widening of Hamilton Street and authorizing the payment of severance damages in the amount of $70.00,*was presented by the City Attorney. Upon motion by Councilman Pinkley, seconded by Councilman Rea, Resolution No. 531 was adopted by the following roll call vote: AYES: Councilmen Rea,.Pinkley, J. Smith, Meyers, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None City Engineer The City Engineer reported that seventy percent of the improve - partial return of ments in the Tract No. 1644 had been completed and recam ended cash bond that, in accordance with the agreement for improvements, the Tract 1644 sum of $7650.00 from the cash bond posted for the construction of improvements, be returned to the developer. Upon motion -by Councilman B. Smith, seconded by Councilman Pinkley, the pay- ment was authorized by the following roll call vote: AYES: Councilmen Rea, Pinkley, J. Smith, Meyers, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None Fly Control A progress report from the Orange County Health Department on Fly Control in Orange County, was presented. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried, the report was ordered received and filed. Gas Tax Apportion- The State Department of Public Works report of Gas Tax apportion- ment meat for the quarter ending September 30, 1958, in the amount of $20,618.58, was received and ordered filed upon motion by Council- man Pinkley seconded by Councilman B. Smith, and carried. The Director of Finance reported that the State Controller had ap- proved allotment of matching funds in the amount of $5,315.00 (Chapter 47) for the East 17th Street Improvement, and in the amount of $66,987.86 (Chapter 20) for the North Costa Mesa Storm Drain. Upon motion by Councilman B. Smith, seconded by Council- man Pinkley, and carried, the report was received and ordered filed. Departmental Upon motion by Councilman Pinkley, seconded by Councilman B. Reports Smith, and carried, the following Departmental Reports for the month of October, were received and ordered filed: Building, Fire, Planning, Street, Pound, Civil Defense, and Finance Director for Free Permits of a Non -Profit Nature. ORDINANCE NO. 211 Ordinance No. 211, being AN ORDINANCE OF THE CITY OF COSTA MESA Setbacks on Harbor AMENDING ORDINANCE N0. 32, BEING ENTITLED: "AN ORDINANCE OF THE Blvd. - 1st rdg. 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 DISTRICTS, DEFINING THE TERMS USED IN THIS ORDINANCE, PROVIDING FOR THE ADJUSTMENT, ENFORCEMENT AND AMENDMENT HEREOF, PRESCRIBING PENALTIES FOR VIOLATION HEREOF, AND REPEALING ORDINANCES AND PARTS OF ORDINANCES INCONSISTENT AND IN.CONFLICT HEREWITH, establishing a setback on the East side of Harbor Boulevard between Wilson Street and Fair Drive, was presented and upon motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried, the ordinance was read. Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, Ordinance No. 211 was passed to second reading by the following roll -call vote: AYES:. Councilmen Rea, Pinkley, Meyers, J. Smith, B. Smith NOES: Councilmen -None ABSENT: Councilmen - None ORDINANCE.NO. 212 Ordinance No. 212, being AN ORDINANCE OF THE CITY OF COSTA MESA Setback on E. 17th AMENDING ORDINANCE NO. 32, BEING ENTITLED: "AN ORDINANCE OF THE Street Adopted 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 DISTRICTS, DEFINING THE TERMS USED IN THIS ORDINANCE, PROVIDING FOR THE ADJUSTMENT, ENFORCEMENT AND AMENDMENT HEREOF, PRESCRIBING PENALTIES FOR VIOLATION HEREOF, AND REPEALING ORDINANCES AND PARTS OF ORDINANCES INCONSISTENT AND IN CONFLICT HEREWITH"., establishing setbacks* -on _E. 17th Street was presented for second reading.. The Ordinance was read by title only, on motion by Councilman B. Smith, seconded by Councilman Rea, Ordinance No. 212 was adopted by the following roll call vote: AYES: Councilmen Rea, Pinkley, Meyers, J. Smith, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None Rezone Petition 53 Rezone Petition No. 53, in the name of Mrs. C. E. Ackerman, 6210 Mrs. C. E. Ackerman W. Ocean Front, Newport Beach, to rezone parts of Lots 70 and 72, Tr Tract No 300, Monte Vista at Newport Blvd., from R-4 to R-2, was presented. Upon motion by Councilman. Pinkley, seconded by Council- man Meyers, and carried, Rezone Petition No. 53 was referred to the Planning Commission. . Rezone Petition 49 Rezone Petition No. 49, in the name of Arthur Kovack, 320 Valencia Arthur Kovack Mesa Drive, Fullerton, to rezone from R-4 to R-2 a portion of Lot 221, Newport Heights Tract, at the Southwest corner of Bay and Fullerton Streets, was presented with the recommendation of the Planning Com- mission for approval subject to stipulations. Upon motion by Council- man Pinkley, seconded by Councilman B. Smith, and carried, public hearing was set for November 17, 1958, at the hour of 7:30 o'clock p.m. or as soon thereafter as possible, in the Council Chambers at the City Hall. Rezone Petition 51 Rezone Petition No. 51, in the name of Costa Mesa Estates, 5656 Costa Mesa Estates W. 3rd Street, Los Angeles, to rezone 25 lots of the proposed Tentative Tract No. 2029, between Villanova Road and Fairview Avenue, and between_Fair Drive and Loyola Road, from R1 to R2, was presented with the recommendation of the Planning Commission for denial. A communication from Costa Mesa Estates asking a thirty day post- ponement was read. Upon motion by Councilman B. Smith, seconded by Councilman Pinkley and carried, public hearing was set for January 5, 1959 at the hour of 7:30 o'clock p.m. or as soon there- after as the matter can be conveniently heard, in the Council Chambers at the City Hall. Realignment of A recommendation of,the Planning Commission that Westminster Avenue Westminster Avenue be realigned at Sparks Street to facilitate the free flow of traffic from the Mesa Shopping Center parking lot, was presented, together with a right of way deed from the Monticello Corporation for the necessary property. Upon motion by Councilman B. Smith, seconded by Councilman Rea, the deed was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen Rea, J. Smith, Meyers, B. Smith, Pinkley NOES: Councilmen - None ABSENT: Councilmen - None Realignment of Westminster Ave. (Cont.) ORDINANCE NO. 214 Councilman B. Smith then introduced Ordinance No. 214, being AN ORDINANCE OF THE CITY OF COSTA MESA DECLARING ITS. INTENTION TO ORDER THE VACATION OF A RIGHT OF WAY FOR A PORTION OF WEST- MINSTER AVENUE IN THE CITY OF COSTA MESA., setting,:December 1, 1958, at 7:30 o'clock p.m. or as soon thereafter as'possibie as the time and place for a public hearing on the proposed vacation of that portion of Westminster Avenue not necessary for the rea- lignment, and moved that reading of the Ordinance be waived and that it,be read by title only. The motion was seconded by Council- man Pinkley, and carried. Upon motion by Councilman B. Smith; seconded by Councilman Pinkley, Ordinance No. 214 was adopted by the following roll call vote: AYES: Councilmen Rea, Meyers, J. Smith, Pinkley, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None Resignation Of J. The resignation of J. D. Turley as chairman of the Board of Turley -VPD No. 2 Vehicle Parking District No. 2 was read with Mr. Turley's recom- mendation that James Phillips be appointed to replace him. Upon motion by Councilman Pinkley, seconded by Councilman Rea, and carried, Mr. Turley's resignation was accepted with regret and the City Clerk was directed to write a letter of appreciation to him. Right of Way Deeds A right of way deed dated October 28, 1958, from Henry Plascensia and Mercedes Placensia, for a certain alley.in Tract No. 612, 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 27, 1958, from West Wind Builders, Inc., for those certain streets known as Esther and Raymond Streets, was presented. Upon motion by Councilman Rea, seconded. by Council- man Pinkley, 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 July 31, 1958, from Kenneth Paul Terry and Vandean L. Terry, for a certain alley in Tract No. 612, was presented. Upon motion by Councilman B. Smith, seconded by Council- man 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 24, 1958, from Morris J. Arnold, for that certain street known as Raymond 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 22, 1958, from E. W. Compton, for, those certain streets known as Esther and Raymond Streets was presented. Upon motion by Councilman Rea, seconded by Councilman B. Smith, the deed was accepted and ordered placed on record by Ir the following roll call vote: AYES: Councilmen Rea, Meyers, J. Smith, Pinkley.-..9B. Smith NOES: Councilmen - None ABSENT: Councilmen - None A right of way deed dated October 24, 1958, from Ferdinand L. Speilberger and Bertha R. Spielberger, for that certain street known as Victoria Street, was presented. Upon motion by Council- man B. Smith, seconded by Councilman Rea, the deed was accepted and ordered placed on record by the following roll call vate: AYES: Councilmen Rea, Meyers, J. Wraith, Pinkley, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None A right of way deed dated October 20, 1958, from Grace J. Heflin, also known. as Grace J. Woody; for that certain street known as Hamilton Street, 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 Rea, Pinkley, J. Smith, Meyers, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None A right of way deed dated October 23, 1958, from Harold Judd and Rosalie Judd, for that certain street known as Sherwood Street, was presented. Upon motion by Councilman Pinkley, seconded by Council- man B. Smith, the deed was accepted and -ordered placed on record by the following roll call vote: AYES: Councilmen Rea,-Pinkley, J. Smith, Meyers, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None A right of'way deed dated October 16, 19582 from Aleen Carleston Hudson, Lyla Ruth Dawson and Aleen Kathryn Holzemer, for that cer- tain street known as Victoria Street, was presented. Upon motion by Councilman Rea, seconded by Councilman B. Smith, the deed was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen Rea, Pinkley, J. Smith, Meyers, B. Smith NOES: Councilmen - None ABSENT: Councilmen, --None A right of way deed dated October 17,,1958, from William E. Bates and Luella D. Bates, for that certain street known as Esther 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, Pinkley, J. Smith, Meyers, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None A right of way deed dated October 20, 1958, from Leo Layne and Leone R. Layne for that certain street known as Wilson Street, was presented. Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, the deed was accepte d.and ordered placed on record by the following roll call vote: AYES: Councilmen Rea, Pinkley, J. Smith, Meyers, B. Smith NOES-: Councilmen - None ABSENT: Councilmen - None A right of way deed dated October 29,,1958, from Lee E. Blockburger and Enola-Sue Blockburger, for that certain street known as Esther 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, Pinkley, J. Smith, Meyers, B. Smith NOES-: Councilmen-- None ABSENT: Councilmen - None , A right of way deed dated October 23, 1958, from Author W. Tuttle, and June G..Tuttle, for that certain street known as Esther 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, Pinkley, J. Smith, Meyers, B. Smith -A right of way deed dated October 28, 1958, from Lloyd Elmer Salis- bury for that certain street known as Victoria Street, was presented Upon motion by Councilman Rea, seconded by Councilman Pinkley, the deed was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen Rea, Pinkley, J. Smith, Meyers, B. Smith NOES: Councilmen.- None ABSENT:. Councilmen - None A right of way deed dated October 28, 1958, from Lloyd E. Salis- bury and Marie Salisbury, for that certain street known as Victoria Street, was presented. Upon motion by Councilman Rea, seconded by Councilman Pinkley, the deed was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen Rea, Pinkley, J. Smith, Meyers, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None A right of way deed dated October 23, 1958, from Author W. Tuttle, and June G..Tuttle, for that certain street known as Esther 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, Pinkley, J. Smith, Meyers, B. Smith "`:NOES: -Councilmen - None ABSENT: -Councilmen —None A right of way.deed dated October 30, 1958, from Howard H. Van Eaton and Jane A. Van Eaton, for that certain street known as Esther Street was presented. Upon motion by Councilman Rea, seconded by Councilman Pinkley, the deed was accepted and order- ed placed on record by the following roll call vote: AYES: Councilmen Rea, Pinkley, J. Smith, Meyers, B. Smith NOES:. -Councilmen - None ABSENT: Councilmen - None ; RESOLUTION NO. 533 Resolution No. 533, being A RESOLUTION OF THE CITY COUNCIL OF THE Deeds CITY OF COSTA MESA ACCEPTING DEEDS OF -RIGHT OF WAY FOR THE OPENING OF RAMONA WAY IN THE CITY OF COSTA MESA., was presented. Upon motion by Councilman B. Smith; seconded by Councilman Pinkley, - Resolution No. 533 was adopted by the following roll call vote: AYES: Councilmen Rea, Pinkley, J. Smith, Meyers, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None Councilman Rea left the Council Chamber at 8:15 p.m. VARIANCE NO. 411-A Variance Application No. 411-A being=the application of Jennie Jennie A. Hiriart Alice Hiriart, 1914 Newport Blvd., Costa Mesa, to extend Var- iance No..411 to permit an office building on the front of the property at 1914 Newport Boulevard, within twelve feet of the curb line, was presented with the recommendation of the Planning Commission for approval subject -.to the conditions of the original variance. Upon motion by Councilman Pinkley, seconded by Council- man B. Smith, and carried the Council concurred with the action of the Planning Commission and approved the variance as recommended. VARIANCE NO. 529 Variance Application No. 529, being the application of Bolsa Bolsa Enterprises, Enterprises, Inc., 752 W. 19th Street, Costa Mesa, for a front Inc. yard setback to five feet on the South side of W. 19th Street, between Harbor Boulevard and Newport Avenue, was presented with the recommendation of the Planning Commission for approval sub- ject to the following conditions: (1) a front yard setback of 9 feet 6 inches as shown on the revised plot plan dated October 22, 1958; (2) that the applicant grant to the City of Costa Mesa a permanent easement of the Southerly 6.00 feet of the parcel for ingress and egress on or before November 3, 1958. Thereupon Donald F..Smith, representing Bolsa Enterprises, Inc., presented a deed of easement and stated that it had been incorrectly drawn by his attorney. He asked that action be delayed for two weeks and upon motion by Councilman B. Smith.,seconded. seconded by Councilman Pinkley, the application was tabled until November 17, 1958. VARIANCE NO. -531 Variance Application No. 531, being the application of Earl G. Earl G. Peterson Peterson, 190 E. 15th Street, Costa Mesa, for use of an existing residence on Lot 1, Tract No. 427, at the Northwest corner of - 15th Street and Orange Avenue for a pre --school, was presented with the recommendation of the Planning Commission for approval. Upon motion by Councilman Rea, seconded by Councilman B. Smith, and carried, the Council concurred with the recommendation of the Planning Commission for approval. VARIANCE NO. 532 Variance Application No. 532, being the application of Costa Mesa Costa Mesa Investment Investment Co., 124 Broadway, Costa.Mesa, for a temporary sign Co. to advertise the Shopping Center to be built between East 19th Street and Flower Street, on the West side of Fullerton Avenue, was presented with the recommendation of the Planning Commission for approval for the period of one year.or until the lots are sold and/or leased, whichever is the sooner, and subject to the requirements of the Building Department. Upon motion by Council- man Pinkley, seconded by Councilman Rea, and carried the Council concurred with the Planning Commission and approved Variance No. 532 as recommended. PERMITS The -.application of William R. Belknap, doing business as The Arms Locker, 2027 Harbor Boulevard,•was granted on motion by Councilman B. Smith seconded by Councilman Rea and Carried. Upon motion by Councilman Pinkley, seconded by Councilman B. Smith and carried, permit was granted Beach Amusement Company for one baseball game at the Galley, and one pool game at the Silver Dollar. Upon motion by Councilman B. Smith, seconded by Councilman Rea, and carried, with Councilman Pinkley voting Noe, Foster & Kleiser was granted permission for two billboards at 1865 Newport Blvd. to replace two signs removed. ORAL COMMUNICATIONS The Mayor inquired if there were anyone present wishing to speak on some item not on the Agenda. There being no one present wishing to speak, the Mayor called for written communications. WRITTEN COMMUNI- A communication was read from the East Seventeenth Street Improve - CATIONS ment Association, commending City Officials, the Costa Mesa Chamber of Commerce, and the Sully -Miller Contracting Co. for their several parts carrying the Southeast Improvement District through to comple- tion. Upon motion by Councilman B. Smith, seconded by Councilman Pinkley and carried, the Council concurred with the Association in commendation of the Officials. A letter from Otto A. Jacobs, serving notice that the proposed Mesa Drive, Santo Tomas Storm Drain would increase the flow of drainage water into the Santa Ana Country Club, and requesting the City to refrain from completing the project was read. The City Attorney stated that suit already had been filed against the City. Upon motion by Councilman Pinkley, seconded by -Councilman Meyers, and carried, the letter was received and ordered filed, and the City Attorney instructed to defend the City in its case. Upon motion by Councilman Pinkley, seconded by Councilman B. Smith, and carried fee was waived and permit granted to Campus Estate Homeowners, Inc. for use of sound truck on November 6 between 4:00 and 6:00 p.m. - The claim of Henry L. Roberts, 2417 Orange Avenue, for damages incurred when his son fe11 from a tree at Santa Isabel and Orange Avenue on August 30, 1958, in the amount of $25,000.00 was pre- sented. On motion by Councilman Pinkley, seconded by Councilman Rea, the claim was refered to the'City Attorney. A second letter from M. L. Hoffenberg asking the removal of a tree at -119 East 23rd Street, was read. Upon motion by Mayor Smith, seconded by Councilman Pinkley, and carried, the request for removal of the tree was denied. WARRANT RESOLUTION Warrant Resolution No. 158, including Payroll No. 105 was presented. N0. 158 Upon motion by Councilman B. Smith- seconded by Councilman Rea, Warrant Resolution No. 158 was approved bythe following roll call vote: AYES: Councilmen Rea, J. Smith, Pinkley, B. Smith, Meyers NOES: Councilmen - None ABSENT: Councilmen - None CITY MANAGERS RE- Resolution No. 534 being A RESOLUTION OF THE CITY COUNCIL OF THE PORT CITY OF COSTA MESA FIXING AND CONFIRMING THE RATE OF PAYMENT FOR ENGINEERING SERVICES FOR THE 1958-1959 FISCAL YEAR., fixing the Rate of engineer- rate of payment for engineering services during the current fiscal ing services year, was adopted upon motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried by the following roll call vote: AYES: Councilmen Rea, J. Smith_, Pinkley, B. Smith, Meyers NOES: Councilmen - None ABSENT: Councilmen - None ADJOURNMENT Upon motion by Councilman B. Smith, seconded by Councilman Rea, and carried, the meeting adjourned at 8:45 p.m. Myr,,for of the City of Costa M&sa ATTEST: City Clerk of the City & Costa Mesa