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HomeMy WebLinkAbout04/06/1959 - City Council950 REGULAR MEETING OF THE'CITY COUNCIL CITY OF COSTA MESA April 6, 1959 The City Council of the City of Costa Mesa, met in regular session at 7:30 o'clock p.m. April 6, 1959, 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 Mr. Basil B. Costerisa-n, Acting Exec- utive Secretary, Grants for Indonesia Fellowship Inc. ROLL CALL Councilmen Present: Rea, Pinkley, Meyers, B. Smith, J. Smith Councilmen Absent: None Officials Present: City Manager, Asst. City Manager, City Attorney, City Engineer, Chief Deputy City Clerk Minutes Upon motion by Councilman. Pinkley, seconded by Councilman Rea, and carried, the minutes of the regular meeting of March 16, 1959, were approved as read and previously distributed. OPENING OF BIDS The Mayor announced that this was -the time and place set for W. Victoria St. the opening of bids for the Improvement of West Victoria Street Improvement Dist. and Certain Other Streets, Alleys and Easements (Northwest Improve- ment District). The Clerk reported that four bids had been received. The bids were then publicly opened, read, and de- clared as follows: R. J. NOBLE CO. $ 698,452.80 GRIFFITH CO. $ 638,509.25 SULLY -MILLER CO. $ 653,936.24 OSWALD BROS. $ 716,331.28 Reference is hereby made to the bids on file with the City . Clerk for all details as to unit prices and kind and class of work to be done. Upon motion by Councilman B. Smith, seconded by Councilman Meyers, and carried, the bids were referred to the City Engineer for checking and report to the Council. The City Engineer advised the Council that the bid of the Griffth Company, in the amount -of $638,509.25, was the lowest regular bid submitted for the Improvement of West Victoria Street and Certain Other Streets, Alleys and Easements, and is reasonable and within the estimate of $753,874.50 made for said work. RESOLUTION 575 Whereupon Councilman Pinkley moved that the contract be awarded Awarding Contract to Griffith Company, and Resolution No. 575, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AWARDING A CONTRACT FOR THE WORK DESCRIBED IN RESOLUTION OF'INTENTION NO. 556, be adopted. The motion was seconded by Councilman B. Smith, and carried, by the following roll call vote: AYES:; Councilmen: Rea, Pinkley, B. Smith, Meyers, J. Smith NOES: Councilmen— None ABSENT: Councilmen - None PUBLIC HEARING The Mayor announced that this was the time and place set for public Vacation of corner hearing on the vacation of the southeast corner of College and Baker. of College and Baker The Clerk reported that the hearing had been duly published and the property had been posted, and that no written communication had been received. The Mayor then inquired if there were anyone present wishing to speak. There being no one wishing to speak, it was moved by Councilman B. Smith, seconded by Councilman Pinkley, and carried, that the public hearing be closed. RESOLUTION 573 Thereupon it was moved by Councilman Pinkley that Resolution No. 573, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ORDERING THE VACATION OF A RIGHT OF WAY AT COLLEGE AVENUE AND BAKER STREET IN SAID CITY, be adopted. The motion was seconded by Councilman Meyers, and carried by the following roll call vote: AYES: Councilman: Rea, Pinkley, B. Smith, Meyers, J. Smith NOES: Councilmen - None ABSENT: Councilmen -.None -.I PUBLIC HEARING The Mayor announced that this was the time and place set for the Mesa Verde No. 1 public hearing on Mesa Verde No.. 1 Annexation. iThe Clerk reported Annexation that the Resolution of Intention had been duly published and the property owners notified, and no written communications had been received. Thereupon the Mayor inquired if there were anyone present wishing to speak. There being no" -.one desiring to speak it was moved by Councilman B. Smith, seconded y Councilman Rea, and carried, that the hearing be closed. Thereupon it was moved by Councilman B. Smith, ORDINANCE NO. 227 seconded by Councilman Pinkley, and carried, that Ordinance No. 227 being AN ORDINANCE OF THE CITY COUNCIL 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 AND DESIG- NATED AS "MESA VERDE NO. 1 ANNEXATION", be given first reading and passed to second reading. PUBLIC HEARING The Mayor announced that this was the time and place set for the Rezone Petition 60 public hearing on Rezone Petition No. 60, being'the petition of Lincoln Savings & Lincoln Savings and Loan Association, 1300 Westcliff Drive, Newport Loan Assn. Beach, to rezone from Al to R2 Lots .94 through 97 of Tract No. 3363, located on the south side of Gisler, West of Bermuda Drive, having been deferred from the meeting of March 2, 1959, to permit the applicant and the Mesa Verde Homeowners to have a meeting. The Clerk reported that the agreement covering the conditions had been received and that no further written communications had been received. The Mayor then inquired if there were anyone present wishing to speak. Thereupon the following spoke in opposition to the rezone: Mr Jack Wright, 1700 Madagascar, Mrs. Jack Wright, 1700 Madagascar, and Mr. Peter Laimkeer,, 3185 Gibraltar. Mr. Charles Goode, 3136 Gibralter, representing the.Homeowners Assn., informed the Council that at their last meeting a majority vote had been taken to abide by the decision of the Council. Mr.. W. Gaynor, was present in behalf of the applicant. After.a lengthy discussion it was moved by Councilman J. Smith, seconded by Councilman Pinkley, that the rezone be denied. The motion carried by the following roll call vote: AYES: Councilmen: Rea, Pinkley, J. Smith NOES:-. Councilmen - B. Smith, Meyers ABSENT: Councilmen - None PUBLIC HEARING The Mayor announced that this was the time and place set for the Rezone Petition 61 public hearing on Rezone Petition No. 61, being the petition of Dwaileebe Michael C. Dwaileebe, x+08 East 18th Street, Costa Mesa, to rezone from R4 to Cl property located on the east side of Orange Avenue, between Sparks Street and 16th Place, as shown on the map made a part of the application. The Clerk.reported that the notice of hearing had been duly published and that written communications had been received from the following: Michael Ihaa;ileebe, urging approval of the rezone, dated March 18. The Mayor then inquired if there were anyone present wishing to speak, whereupon Mr. Dwaileebe.came forward and presented to the Clerk a communication dated March 30, 1959, signed by Mr. Evans G. Parker, David C. DeMille, Michael C. Dwaileebe, John F. Vogel, stating they would be willing to change the petition to a Professional Zone; also a petition bearing 25 signatures approving the rezone to Cl. .The following spoke from the floor in favor of the rezoning: Mr. Dwaileebe, Mr.Kenneth Hartman, Mr. John Vogel, Mr. Ernest K. Hartmann. Mr. Roger Watson spoke in opposition to the rezoning. The Director of Planning, presented the recommendations of the Planning Commission on good planning in the area. After a lengthy discussion it was moved by Councilman B. Smith, seconded by Councilman Meyers, and carried, that the rezone petition be referred back to the Planning Commission with the request of four of the property owners for Professional Zoning in place of the Cl zoning. PUBLIC HEARING The Mayor announced that this was the time and place set for the Rezone Petition 63 public hearing on Rezone Petition No. 63, being the petition of Konviser Simon Konviser, 2030 Beryl Lane, Newport Beach, to permit the rezoning from.R4.to R2 a portion -of the northeasterly 132 feet of Lot.221, Newport Heights.Tract, located on :tYe southwesterly corner of East Bay Street and the proposed extension of Fullerton Avenue, together with the recommendation of the Planning Commission for approval provided that prior to the City Council action, there shall be on file in the office of the City Clerk, the following: 1) 25 feet dedication for Fullerton Avenue for street purposes; 2) 30 feet dedication for Bay Street for street purposes; 3) That a bond be posted, with the City Clerk, for the improvements of these two street extensions, the amount to be set by the City Engineer; 4) Copy of a deed restriction providing a maximum of one unit for each 1500 square feet of land area and two usable off-street parking spaces for each unit constructed, in accordance with the standards of the City of Costa Mesa. The Clerk reported that no written communications had been received and that the agreement, dedications, and deed restrictions, had been received. The Mayor then inquired if there were anyone present wishing to speak, no one desiring to speak it was moved by Councilman Pinkley, seconded by Councilman Rea., and carried, that the hearing be closed. There- upon it was moved by Councilman Rea, seconded.by Councilman Pinkley, and carried, that the rezone be approved subject to the conditions of the Planning Commission. Thereupon Councilman B. Smith moved ORDINANCE 231 that Ordinance No. 231, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTION 3.2 OF ARTICLE III OF ORDINANCE NO. 32 OF SAID CITY CHANGING THE ZONING OF A PORTION OF LOT 221 OF NEWPORT HEIGHTS FROM R4 TO R2, be given first -reading, and passed to second reading. The motion was seconded by Council- man Pinkley, and carried. PUBLIC HEARING The Mayor announced that this was the time and place set for public Rezone Petition 64 hearing on Rezone Petition No. 64 being the petition of Howard C. Kissel, 138 - 47th Street, Newport Beach, to rezone from R4 to R2 a portion of Lot 211, Newport Heights Tract, located on the north side of East 20th Street, approximately 366 feet easterly of Newport Boulevard together with the recommendation of the Planning Commission for approval provided that prior to City Council Action, there shall be on file with the City Cler, the following: 1) A dedi- cation of 25 feet for Street "A" as indicated in Ordinance No. 206 to the City of Costa. Mesa; 2) A bond for a period of two years, for the improvements of proposed Street "A", the amount of this bond to be set by the City Engineer; 3) A copy of a deed restriction providing a maximum of one unit for each 1500 square feet of land area and two usable off-street parking spaces for each unit constructed, in accordance with the standards of the City of Costa Mesa. The Clerk reported that no -written com- munications had been received, but that the dedications, bond and deed restrictions had been received. The Mayor inquired if there were anyone present wishing to speak, hearing no one, it was moved by Councilman B. Smith, seconded by Councilman Pinkley, that the hearing be closed. Thereupon it was moved by Councilman B. Smith, seconded by Councilman Rea, and carried, that the action of the Planning Commission be upheld for approval. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Meyers, ORDINANCE NO. 232 and carried, that Ordinance No. 232, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTION 3.2 OF ARTICLE III OF ORDINANCE NO. 32 OF SAID CITY CHANGING THE ZONING OF A PORTION OF LOT NO. 211, OF NEWPORT HEIGHTS, FROM R4 TO R2, be given first reading and passed to second reading. REPORTS The City Attorney informed the Council that certain escrow instruc- tions must be signed in connection with rights of way in the West Wilson to sign Victoria Street Improvement District, and recommended that Mr. escrow instruc- Wilson, Right of Way Agent sign them. Thereupon it was moved tions. by Councilman Pinkley, seconded by Councilman Rea and carried, that Mr. Omar Wilson be authorized to sign the escrow instruc- tions on behalf of the City. Deeds on Harbor Upon motion by Councilman Pinkley, seconded by Councilman Meyers, Boulevard the following deeds of right of way for the widening of Harbor Boulevard: Right of Way 1814.24, from Harbor Rest Cemetery, Inc., and Right of Way 1814.17.1, 19.1, 20.1, 25.1 and 26, from Anton H. Segerstrom et al, were accpeted in accordance with the terms P 5 Q3) and provisions of the respective right of way contracts attached thereto; the Mayor and City.Clerk were authorized -to execute the contracts, and the recordation of the deeds was authorized subject to the provisions of Paragraph 4 of, the respective contracts. The motion was carried by -,the following'roll-call vote: AYES: Councilmen-: Rea, Pinkley, J. Smith, Meyers, B. Smith NOES: .Councilmen - None ABSENT: Councilmen - None Final Tr. 2816 The City Engineer presented the final tract of No. 2816, submitted Criswell- - in the name of Charles L. and Mary Jane -Criswell for the subdivision of 10 lots together with a certified -check in the amount of $921.43, a bond in the amount of $11,900.00, and signed agreement. Thereupon Councilman B. Smith moved the adoption of Resolution No. RESOLUTION 574 574, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE -MAP OF TRACT NO. 2816 AND ACCEPTING THE STREETS AND ALLEYS SHOWN THEREON FOR PUBLIC USE FOR HIGHWAY PURPOSES AND AUTHO- RIZING THE CITY CLERK TO SIGN SAID M:AP-AND AUTHORIZING THE MAYOR AND CITY CLERK T0. -SIGN THE AGREEMENT. The motion was seconded by Councilman. Pinkley, and carried by the following roll call vote, AYES: Councilmen: Rea, Pinkley, J. Smith, Meyers, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None Departmental Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried, the following Departmental reports were received and ordered filed: Police, Street, Building, Planning, Poundmaster, Fire, Street, Civil Defense and Director of Finance for ten free -permits. Refund A communication was read from Gentosi Bros., 571 Park Avenue, Costa Gentosi Bros. Mesa, requesting refund of $30.00 on Building Permit No. 8610 inas- much as the owner was not building the addition, together with the recommendation of the Building Official for refund of $10.00 for plan check and 85.per cent of the permit fee of $20.00 or a total of $27.00 refund. It. was moved by Councilman B. Smith, seconded by Councilman Pinkley, that refund of $27.00 be granted as recom- mended by the Building Official. The motion carried by the fol- lowing roll call vote: AYES: Councilmen: Rea, Pinkley, J. Smith, Meyers, B. Smith NOES: Councilmen-- None ABSENT: Councilmen - None Franklin Deed Communication was.read from the Planning Commission regarding the Quit Claim Deed of 20 -feet dedicated: by Don V. and Francis L. Franklin, 208 Marine Avenue, Balboa -Island, which the Council had referred to.them for their recommendations at the meeting of March 16, 1959, Planning Commission recommenae d that this 20.00 foot dedication for the easterly 20.00 feet of Lots 19 and 20, Tract No. 612, located on the north side of West 20th Street, between Pla- centia Avenue and Pomona Avenue -not be returned to Mr. Franklin as the City -must have a'street in this location. Thereupon it was moved by Councilman B. Smith, seconded by Councilman Pinkley, and carried, that the action of the Planning Commission for denial of the request be upheld. ORDINANCE 228 Ordinance No. 228, being AN ORDINANCE OF THE CITY OF COSTA MESA 2nd reading - CREATING A POLICE DEPARTMENT was presented for second reading. Police Dept. Following reading of the title, Councilman B. Smith moved that further reading be waived and that it be read by title only. The motion was seconded by Councilman Pinkley, and carried. There- upon Councilman B. Smith moved the adoption of Ordinance No. 228. The motion was seconded by Councilman Pinkley, and adopted by the following roll call vote: AYES: Councilmen: Rea, Pinkley, J. Smith, Meyers, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None ORDINANCE NO. 229 Ordinance No. 229, being AN ORDINANCE OF THE CITY OF COSTA MESA 2nd Reading AMENDING SECTION 3.2 OF ARTICLE III'OF ORDINANCE NO. 32 OF SAID Aszman-Rzn. 54 CITY CHANGING THE ZONING OF A PORTION OF LOT 503, NEWPORT MESA TRACT, FROM R 4 TO R2, was presented for second reading. Follow- ing reading of the title, Councilman B. Smith moved that further reading be waived.and that it be read by title only. The motion was seconded by Councilman Pinkley, and carried. Thereupon Council- man Pinkley moved the adoption of Ordinance No. 229. The motion was seconded by Councilman Rea, and adopted by the following roll call vote: AYES: Councilmen: Rea, Pinkley, J. Smith, Meyers, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None Minute Resolution Upon motion: by Councilman. B. Smith, seconded by Councilman Pinkley, Aszman Agreement a minute resolution authorizing the City Clerk to place on record on record the agreement between the City of Costa Mesa and James Aszman on Rezone Petition 54, was adopted by the following roll call vote: AYES: Councilmen: Rea, Pinkley, J. Smith, Meyers, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None Dudek and Jordan Upon motion by Councilman Pinkley, seconded by Councilman Meyers, reappointed to and unanimously carried Mr. Elmer Dudek and Mr. Willard Jordan Plan. Comm. were reappointed to the Costa Mesa Planning Commission for a four year term to April 61, 1963. RESOLUTION 576 Upon motion by Councilman B. Smith, seconded by Councilman Meyers, State Census Resolution No. 576 being A RESOLUTION OF THE CITY OF COSTA MESA APPROVING AN AGREEMENT BY AND BETWEEN THE DEPARTMENT OF FINANCE OF THE_STATE OF CALIFORNIA AND THE CITY OF COSTA MESA FOR THE PREPA- RATION OF AN ESTIMATE OF POPULATION AND AUTHORIZING_THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT, was. adopted by the following roll call vote: AYES: Councilmen: Rea, Pinkley, J. Smith, Meyers, B. Smith NOES: Councilmen - 1Vone. ABSENT: Councilmen -.None RESOLUTION 577 Upon motion by Councilman Pinkley, seconded by Councilman B. Smith, Baker No. 5 Annex. Resolution No. 57.7, being A RESOLUTION OF THE CITY COUNCIL OF THE sets public hrg. CITY OF COSTA MESA OF INTENTION TO ANNEX A CERTAIN UNINHABITED AREA DESIGNATED AS BAKER STREET NO. 5 ANNEXATION, AND GIVING NOTICE THEREOF, was adopted by the following roll call vote: AYES: Councilmen: Rea, Pinkley, J. Smith, Meyers, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None (Sets public hearing May 18, 1959.) .RESOLUTION.578 The Clerk presented the contract, for the five geographical signs Agreement on for the Harbor Area, between the City of Costa Mesa, the City of Geographical.Signs Newport Beach, the Costa Mes, Newport Harbor, and Corona del Mar Chambers of Commerce together with Resolution No. 4960 of the City of Newport Beach.approving the contract. Thereupon Councilman B. Smith moved the -adoption of Resolution No. 578, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF -COSTA MESA APPROVING AN AGREE- MENT BY AND BETWEEN THE CITY OF COSTA MESA, THE CITY OF NEWPORT BEACH, THE COSTA MESA CHAMBER -OF COMMERCE, THE NEWPORT HARBOR CHAMBER OF COMMERCE, AND THE CORONA DEL MAR CHAMBER,; FOR THE ERECTION OF GUIDE -SIGNS TO THE HARBOR AREA., AND AUTHORIZING THE MAYOR AND CITY -CLERK TO SIGN THE AGREEMENT ON BEHALF OF THE CITY. The motion was seconded by Councilman Rea, and carried by the following roll call vote: , AYES: Councilmen: Rea, Pinkley,-J. Smith, Meyers, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None Rezone No. 62 Upon motion by Councilman Pinkley, seconded by Councilmen Meyers, Peterson and carried, Rezone No. 62, being the petition of Earl G. Peter - Set for Pub. Hrg. son, 190 East 15th Street, Costa Mesa, to rezone from R4 to R2 the westerly 96.00 feet of Lot 604, Newport Mesa Tract, located on the northeast corner of West 18th Street and Wallace Avenue, was set for public hearing on April 20, 1959, at the hour of 7:30 o'clock p.m. or as soon as possible in the Council Chambers. Rezone No. 68 Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, Ellis and carried,.Rezone Petition No. 68, being the petition of Clay Referred to Plan. D. Ellis, 380 West Wilson, Costa Mesa, to rezone a portion of Lot 1 Commission of Tract No. 9 from R4 to Cl was referred to the Planning Commission for their recommendations. Rezone No. 69 Upon motion by Councilman Rea., seconded -by Councilman Pinkley, and Forbes-Fruehling carried, Rezone Petition No. 69, being the petition of Robert.Forbes Referred to Plan. and George S. Fruehling, 115 Cabrillo, Costa Mesa., to rezone from R4 Commission to R2 the northwest corner of East Bay -,Avenue and Fullerton Avenue, was referred to the Planning Commission for their recommendations. Harbor Trinity The City Clerk -read a communication from the Harbor Trinity Baptist Baptist Church Church, Costa Mesa, requesting that they be allowed to postpone con - extension on side- struction of sidewalks on Baker and Fairview for a period of five walks. years, together with the recommendation of the Planning Commission for approval for a period of five years on the construction of the remaining sidewalks at Baker and Fairview on the following condi- tions: 1) That the applicant post a Personal Undertaking Bond with the City Clerk for the completion of the sidewalks, the amount of the bond to be determined by the City Engineer. Upon motion by Councilman B. Smith, seconded by Councilman Meyers, and carried, the Council concurred with the action of the Planning Commission. Record of Survey The Clerk presented a Record.of Survey for the Sumnerland Land Company, Tract No. 2353 10835 Santa Monica Boulevard, Los.Angeles, to readjust the lot lines Summerland Land Co. of Lot 45 through 50 of Tract No. 2353 to accommodate a. different type of dwelling than originally planned, -together with the recommendation of the Planning Commission for approval. Upon motion by Councilman RESOLUTION NO. 579 Pinkley, seconded by Councilman B. Smith, Resolution No. 579 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING A RECORD OF SURVEY FOR THE.READJUS'IMEENT OF THE LOT LINES OF LOTS 45 THROUGH 50, TRACT NO. 2353, IN THE CITY OF COSTA MESA, was adopted by the following roll call vote: . AYES: Councilmen: Rea, Pinkley, J.- Smith, B. Smith, Meyers NOES: Councilmen - None ABSENT: Councilmen - None Building-Movings The Clerk presented applications for Building Moving Permits Nos. 221 No. 221 and 222 and 222, being the applications -for Dwain Gatterdam, 333 East Walnut Gatterdam Street, Costa Mesa, to move two dwellings from 2987 College Avenue, to 2526 Elden Avenue, together with the recommendations of the Plan- ning Commission for approval subject to the following stipulations: 1) That a $3,000.00 bond be posted for each building. 2) That the applicantprovides ten (10) off-street parking spaces under the di- rection of the Director of Planning. 3) Dedication to the City of Costa Mesa of 30 feet across the rear (northeasterly) portion of his property for street purposes. 4) Requirements of the Building Safety Department. -Upon motion by Councilman B. Smith, seconded by Councilman. Rea, and carried, the Council concurred with the recom- mendation of the Planning Commission for approval. Tent. Tract 2327- The Clerk presented Tentative Tract Map No. 2327, Study Y, being the Study Y tract of Harold B.Dawson, 2001 Cliff Drive, Newport Beach, to re - Dawson divide property located on the north side of Wilson Street, 990 Feet westerly of the center line of Harbor Boulevard into 19 lots, to- gether with the recommendation of the Planning Commission for approval subject to the requirements of the City -Engineer' dated March 19, 1959 After discussion it -was moved by Councilman B. Smith, seconded by Councilman Pinkley, and carried that Tentative Tract Map No. 2327, Study Y, be approved subject to all the conditions of the Planning Commission zrith the added stipulation that purchasers of lots in the said -tract should receive notification -of its inclusion in an Improve- ment District and that evidence of such notification be filed with the City Clerk. Tent. Tract 2996 The Clerk presented Tentative Tract Map No. 2996, being the tract of K. W. Koll K. W. Koll, 15.55 Placentia Avenue, Newport Beach, to subdivide prop- erty on the north side of 16th Place, between Santa Ana Avenue and Westminster Avenue into 24 lots, together with the recommendation of the Planning Commission for approval subject to the requirements of 956 the City Engineer dated March 3, 1959- Mr-.-Koll was present and spoke in behalf of his Tract. Discussion was held on the legality of the corner lots without a variance to change the setbacks. There- upon it was moved by Councilman B. Smith, seconded by Councilman Rea, and carried, that Tentative Tract Map No. 2996 be .referred back to the Planning Commission for change -in the corner lots or that the proper variance be filed. Tent. Tract 3102 The Clerk presented Tentative Tract Map No. 3102, being the tract of Myerco Inc. Myerco, Inc., 12217 Atlantic Avenue, Compton, California, to divide property.located on the southwest -corner of West 18th and Pomona Avenues, into 50 lots, together with the recommendation of the Planning Commission for approval subject to the following con- ditions: 1) Requirements of the City Engineer, dated March 19, 1959• 2) The street names to be under the direction of the Planning Department. Upon motion by Councilman B. Smith, seconded by Councilman Rea, and carried, the Council concurred with the action of the Planning Commission for approval. RESOLUTION NO. 580 Upon motion by Councilman Pinkley, seconded by Councilman B. Smith, Structural Fire Resolution No. 580, being A RESOLUTION OF THE CITY COUNCIL OF THE Petition CITY OF COSTA MESA, CALIFORNIA, FINDING THAT THE CITY OF COSTA MESA HAS AN ORGANIZED FIRE DEPARTMENT IN OPERATION AND EXISTENCE WHICH PROVIDES ADEQUATE STRUCTURAL FIRE -PROTECTION TO ALL PROPERTY WITHIN SAID CITY, AND AUTHORIZING PETITION TO BE FILED WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO HAVE PROPERTY WITHIN SAID CITY EXCEPTED FROM THE LEVY OF ANY COUNTY -TAX TO PROVIDE STRUCTURAL FIRE PROTECTION, was adopted by the following roll call vote: AYES: Councilmen: Rea, Pinkley, J. Smith; Meyers, B. Smith NOES:- Councilmen - None ABSENT: Councilmen - None Deeds of Right of A deed of right of way from Maurice F. and Eleanor Mary Aufder-Heide Way dated April 1, 1959, for that certain street known as Walnut Place, was presented. Upon motion by Councilman Pinkley, seconded by Council- man B. Smith, the deed was accpeted 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 deed of right of way from Mesa Verde Estates, dated March.26,. 1959, for a storm drain easement in'Tract No. 3115 was presented. Upon motion by Councilman.Rea, seconded .by Councilman Pinkley, the deed was accepted and ordered placed on record by the fol- lowing roll call vote: AYES: Councilmen: Rea, Pinkley, J. Smith, Meyers, B. Smith NOES:- Councilmen - None ABSENT: Councilmen - None A deed of right of way dated March 26, 1959, from Salvatore and Mary Mistretti for that certain street known as Hamilton Street was presented. Upon motion by Councilman B: Smith, seconded by Councilman Pinkley, the deed was accepted and ordered put on record by the following roll call vote: AYES: Councilmen: Rea, Pinkley, J. Smith, Meyers, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None A deed of right of way dated March 25, 1959, from Lillian M. and Ross C. Owen for that certain street known -as Elden Avenue, 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, Pinkley, J. Smith, Meyers, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None A deed of -right of way dated February 10, 1959, from Donald S. and Helen M: Potter for that certain street -known as Westminster Street was presented. Upon motion by Councilman Meyers, seconded by Councilman..Pinkley, the deed was accepted and ordered placed t:9. 7 on record by the following roll call vote: AYES: Councilmen: Rea, Pinkley, J. Smith, Meyers, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None A deed of -right of way dated April 6, 1959, from Harold B., Lyla R. and Ned M. Dawson, for that certain street known as Joann Street and that certain street known as Miner 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 Variance 573 Variance Application No. 573, being the application of K. W. Koll, K. W. Koll 1555 Placentia Avenue, Newport Beach, to permit one unit for every 2000 square feet of land area, making a total of 72 units on -the north side of 16th Place, between Santa Ana Avenue and Westminster Avenue was presented together with the recommendation of the Planning Com- mission for approval subject to the two for one off-street parking ratio under the direction of the Director of Planning,,for the reason that recent study of.this particular area indicates that this property falls within an area proposed for muliple residential use. Upon motion by Councilman B. Smith, seconded by Councilman Meyers, and carried, the Council approved the variance subject to the recom- mendations of the Planning Commission. Variance 574 Variance Application No. 574, being the application of Mrs. Elizabeth Matranga Matranga, 279 East Wilson, Costa Mesa, for continuation of a small A deed of right of way dated March 16, 1959, from Howard C. and Helen together with the recommendation of the Planning Commission for ap- M. Kissel for that ccertain street known as Sierks Street was presented. this two year period, .if the parking -situation continues, establish Upon motion by Councilman Rea, seconded by Councilman Pinkley, the deed was accepted and ordered placed on record by the following roll Mrs. Elizabeth Matranga, Mr. Peter Matranga, Mrs. Charles Dahl, call vote: Mr. Jack Van Every, Mrs. Dawson. After considerable discussion it was moved by Councilman Meyers, seconded by Councilman Rea, and AYES: Councilmen: Rea, Pinkley, J. Smith, Meyers, B. Smith -the stipulations of the Planning Commission. NOES: Councilmen - None Bowman Bowman, 1584 East Ocean Boulevard, Balboa, California, to permit ABSENT: Councilmen - None A deed of -right of way dated April 6, 1959, from Harold B., Lyla R. and Ned M. Dawson, for that certain street known as Joann Street and that certain street known as Miner 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 Variance 573 Variance Application No. 573, being the application of K. W. Koll, K. W. Koll 1555 Placentia Avenue, Newport Beach, to permit one unit for every 2000 square feet of land area, making a total of 72 units on -the north side of 16th Place, between Santa Ana Avenue and Westminster Avenue was presented together with the recommendation of the Planning Com- mission for approval subject to the two for one off-street parking ratio under the direction of the Director of Planning,,for the reason that recent study of.this particular area indicates that this property falls within an area proposed for muliple residential use. Upon motion by Councilman B. Smith, seconded by Councilman Meyers, and carried, the Council approved the variance subject to the recom- mendations of the Planning Commission. Variance 574 Variance Application No. 574, being the application of Mrs. Elizabeth Matranga Matranga, 279 East Wilson, Costa Mesa, for continuation of a small beauty shop in the home for a. -period of three years, was presented together with the recommendation of the Planning Commission for ap- proval for a -period of two years, and that the applicant should in this two year period, .if the parking -situation continues, establish herself in a commercial.zone; that no signs be displayed, and no employees hired. The following spokerin behalf of the application: Mrs. Elizabeth Matranga, Mr. Peter Matranga, Mrs. Charles Dahl, Mr. Jack Van Every, Mrs. Dawson. After considerable discussion it was moved by Councilman Meyers, seconded by Councilman Rea, and carried, that the variance be approved for one year subject to all -the stipulations of the Planning Commission. Variance No. 576 Variance Application'.No. 576, being the application of Leslie E. Bowman Bowman, 1584 East Ocean Boulevard, Balboa, California, to permit construction of eight units on Lots 5 and 4 of Tract No. 2584, located on the west side of Anaheim, 210 feet southerly of the center line of 18th Street was presented9 together with the recommendation of the Planning --Commission for denial for the following reasons: 1) Over -building of the lots; 2) Creates a traffic problem; 3) Encroaching too close to Rl zone property. Upon motion by Councilman Rea, seconded by Councilman Pinkley, and carried, the Council con- curred with the action of the Planning Commission in denying the variance. Variance No. 580 Variance Application No. 580, being the application of Church of Church of Christ Christ, 281-289 West Wilson, Costa Mesa, to permit the use of land on the south side of Wilson; 220.03 feet westerly of the center line of Avalon Street for church purposes, was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) That the parking layout meets with the approval of the Director of Planning; 2) Residential sidewalks be installed under the direction of the City Engineer. Mr. J. Durbin was present in behalf of the applicant. Upon motion by Councilman B. Smith, seconded_by Councilman Pinkley, and carried the Council approved the Variance subject to the conditions of the Planning Commission.,. with the added stipulation that there be a 5 foot dedication on Wilson Street to the City of Costa Mesa. Variance No. 581 Variance Application No. 581, being the application of Arnold E. Rockrohr Rockrohr, 542 Tustin, Newport Beach, to permit seven units on 20,130 square feet of land area, being 870 square feet of the re- quired square footage, located on the easterly side of Elden, 330 feet northerly of the center line of 23rd Street, was presented, together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) A dedication of 5 feet on.Elden Avenue for street purposes; 2) A two for one off-street parking ratio under the direction of the Director of Planning. Upon motion by Councilman Pinkley, seconded by Council- man Meyers, and carried, the Council concurred with the action of the Planning Commission for approval. Variance No:. 582 Variance Application No. 582, being the application of Kenneth E. Edens Edens, 314 Goldenrod, Corona del Mar, California, to permit three units for 7500 square feet of land area at 243 22nd Street, Costa Mesa, was presented, together with the recommendation of the Plan- ning Commission for denial for the following reasons: 1) Seven written objections received from the surrounding property owners. 2) Parking as shown on the plot plan is not sufficient. 3) The area to the rear is strictly Rl residential. 4) This is about 18 per cent under the required square footage. The police has been to allow 10 per cent or under if all the conditions are met. Upon motion by Councilman Pinkley, seconded by Councilman Rea, and carried, the Variance was denied as recommended. Variance No. 584 Variance Application No. 584, being the application of Hunter J. Partel Partel, 352 East 19th Street, Costa Mesa, to permit three units on 6,941 square feet of land area, a duplex already existing, this would allow an additional unit, located at 352 East 19th Street, was presented together with the recommendation of the Planning Commission for denial for the following reasons: 1) Not sufficient and proper off-street parking is shown on the plot plan. 2) The lot is too small.. 3) -This lot is not a multiple dwelling area.. Mrs. Partel was present-. Discussion was held on the area of the lot and the location, and'a question was directed to Mrs. Partel as to what would be reasonable time for them to make one unit out of the existing residence and studio apartment. Mrs. Partel stated that two years would•be satisfactory. Thereupon it was moved by Councilman B. Smith, seconded by Councilman Meyers, that the Variance be granted with the stipulation that within two years the property contain one family unit per 3,000 square feet, making a total of two units, -and that the units be put in according to the plot plan made a part of the application. The motion carried by the following roll call vote: - AYES: Councilmen:Rea, B. Smith, Meyers, J. Smith NOES: Councilmen - Pinkl.ey ABSENT: Councilmen-- None Variance No. 585 Variance Application No. 585, being the application of Harry Alhadeff Alhadeff, 4332 Angeles Vista, Los Angeles 8, to permit a 10.00 foot rear yard setback for a commerical building at 1.881 Park Avenue, was presented together with the recommendation of the Planning Commission for approval subject to the following con- ditions: 1) Installation of a commercial sidewalk along Park Avenue under the direction of the City Engineer. 2) A 10 foot dedication along the reax of the property for an alley. 3) The off-street parking layout to be under the direction of the Director of Planning. A communication dated March 30, 1959, from the Director of Planning stating that the Variance can not meet the parking standards of the City of Costa Mesa, but that he recommended the applica-d.be allowed to digress from the requirement and six spaces 8 feet / be installed, was read. Mr. Frank Bissell was present and presented the proposed plans for the property, and requested reconsideration on the sidewalk on Park Avenue, inasmuch as -with parking in the area this could be a hazard for the pedestrian. Mr. Vernon Matthews, representing the Newport Mesa County Water District, was present, with his contractor Mr. Wayne Dutro, and requested that if the sidewalk is deleted from the variance it also be deleted as a requirement of their Variance No. 556, approved on January 19, 1959, inasmuch D59 as the property is adjacent. After a lengthy discussion it was moved by Councilman Pinkley, seconded by Councilman Rea, and carried, that the Variance be approved subject to the recommendations of the Planning Commission, with the six parking spaces, and the deletion of the sidewalk along the curb of Park Avenue, and, subject to the direction of the City Engineer. Variance No. 556 Upon motion by Councilman Pinkley, seconded by Councilman B. Newport Mesa Co. Smith, and carried, the sidewalk on the curb line of Park Water District Avenue be deleted from the conditions of Variance No- 556 of the Newport Mesa County Water District previously approved on January 19, 1959• Variance No. 586 Variance Application No. 586, being the application of A, W. Lemke. - Lemke, 12522 El Roy Drive, Santa Ana, to permit a 50 foot front yard setback from the center line of street located on the south side of West 19th Street, approximately 225 feet easterly of the center line of Anaheim Avenue, was presented together with the recommendation of the Planning Commission for approval. Upon motion by Councilman B. Smith, seconded by Councilman Meyers, and carried, the Variance was approved as recommended by the Planning Commission. Variance No. 587 Variance Application No. 587, being the application of Glenn P. Coit, Coit 2214 Wallace Avenue, Costa -Mesa, to_permit an addition of a second story on,a non -conforming building with a three feet side yard set- back and a-2 foot rear yard setback at 280 East 15th Street, Costa Mesa, was presented, together with the recommendation of the Plan- ning Commission for approval with the provision that theapplicant _installs residential sidewalks in front of his property on East 15th Street. Upon motion by Councilman B. Smith, seconded by Councilman Rea, and carried, the Council concurred with the action of the Planning Commission for approval. Variance No. 588 Variance Application No. 588, being the application of Robert J. Kest -Brown Kest and Paul M. Brown, 232 and -228 -Amherst -Road, Costa Mesa, to permit a front fence 5 feet -6 inches to 6 feet in height according to grade, 45.00 feet from the center line of the street as per. plans attached to and made a part of -the application, located at 232 and 228 Amherst Road, was presented together with the recom- mendation of the Planning Commission for approval. Upon motion by Councilman B. Smith, seconded by Councilman Meyers, and carried, the Variance was approved as recommended. Variance No-.. 590 Variance -Application No. 590, being the -application of Martin J. Ingram Ingram, 955 West Central Avenue, Santa Ana, -to permit the construction of four units on 11,876.8 square feet of land area., which is short 123.2 square feet of the required 12,000 square feet, located on the south side of Hamilton Street, approximately 332 feet easterly of the center line of Maple Avenue, was presented, together with the recommendation of the Planning Commission for approval subject to.the two for one off-street parking ratio, paved, marked and accessible,,. under the direction of the Director of Planning. Mr. Miles was present in behalf of the applicant, and requested that the applicant be permitted to put the parking in crushed rock which would blend in with his proposed -landscape. After discussion it was moved by Councilman B. Smith, seconded by Councilman Pinkley, and carried that the Variance be approved and the applicant be allowed to put suitable crushed rock_ in the parking area which should be properly identified. Variance No. 591 Variance Application No. 591, being -the application of Alphonse J. Marino Marino, 1042 West 50th Street, Los Angeles, to permit the encroach- - ment of 2.00 feet into the required 20..00 foot rear yard setback for a room -addition, located on the west side of College Drive, approximately -149 feet southerly of Fair Drive, was presented, together with the recommendation -of the Planning Commission for approval. Upon motion by Councilman B. Smith, seconded by Council- man Meyers and carried, the Variance was approved as recommended. Variance No. 592 Variance Application No. 592, being the application of Kenneth W. Koll Koll, 1555 Placentia Avenue, Newport Beach, to permit a temporary - Tract Sign to advertise the sale of homes in Tract No. 2029, said sign to be located on property at the Southwest corner of Fairview 960 Road and Fair Drive, was presented, together with the recommendation of the Planning Commission for approval for one year or until the homes ase sold whichever. -is sooner and subject to the requirements of the Building Safety Department. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried, the variance was approved as recommended. PERMITS A communication was read from Norman P. Newlin, 149+1 Jefferson, Midway City, California, requesting refund of $36.00 license fee on License No. 2715, inasmuch as the City had revoked his license after investigation. The City Manager recommended that refund be only one-half of the fee collected inasmuch as the investigation such as this cost the City considerable amount of money. After discussion it was moved by Councilman B. Smith, seconded by Councilman Meyers, that on the recommendation of the City Manager Mr. Newlin be refunded fifty per cent of the license fee. Motion carried by the following roll call vote: AYES: Councilmen: Rea, Pinkley, B. Smith, Meyers, J. Smith NOES: Councilmen - None ABSENT: Councilmen - None A communication was read from Herman E. Walker, and Lee L. Penfold Owner, Manager, of Hanks Radiator Shop, and Night Owl Auto Repair for a permit to release 2000 helium filled ballons on Friday, April 17, 1959, at 8:00 a.m. for advertising and promotional pur- poses. Upon motion by Councilman B. Smith, seconded by Council- man Meyers, and carried the permit was granted. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried, permit was granted to East L. A. Disposal Co., 4300 Union Pacific Avenue, Los Angeles 23, for rubbish hauling, commercially. Upon motion. by Councilman B. Smith, seconded by Councilman Meyers, and carried, permit was granted to Pacific Outdoor Advertising Co. 995 N. Mission Road, -Los Angeles 33, to transfer two outdoor adver- tising structures at 1795 and 1797 Newport Blvd. to 1) 179 East 17th Street and 2) 336 East 17th Street. Upon motion. by Councilman Pinkley, seconded by Councilman B. Smith, and carried, permit was granted to Beach Amusement Co. for a juke box at Ye Harbour Inn, 2023 Harbor Blvd. Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried, permit was granted to Ivan E. Jones, 2.025 Anaheim Ave., for tool sharpener, lawnmowers and tools, house to house, subject to the approval -of the Chief of Police. A communication was read from Paul H. Rodet, President, Costa Mesa Chamber of .Commerce urging a resolution from the City Council en- dorsing an Independence Day Fireworks Program on July 4, 1959 in' the Orange Coast College Stadium, which admission charges of $1.00 for adults and $.50 for Children under 12, the profits of which will go to various youth=_organizations:. Upon motion by Councilman J. Smith, seconded by Councilman Rea, a minute resolution endorsing the plan of the Costa Mesa Chamber of Commerce in its Independence Day Fireworks Program was adopted by the following roll call vote: AYES: Councilman: Rea, Pin.kley, J. Smith, Meyers, B. Smith NOES: Councilmen - None ABSENT: Councilmen - None The request of the Newport Harbor Kiwanis Club for a Fireworks Permit at 17th and Orange in Costa Mesa for the benefit of Ship 210, Sea Explorer Scouts, B.S.A. .from June 20 through July 4 was presented. Fire Chief Ralph Lee requested that all applications be approved subject to the Fire Department recom- mendation. The Council suggested that upon receipt of the appli- cation by the Finance Dept. it be referred to the Fire and Build- ing Departments for their recommendations, before it comes to the City Council for their action. Upon motion by Councilman Rea, seconded by Councilman Pinkley, permit was granted to Newport Harbor Kiwanis Club for a fire- works permit, subject to the recommendations of the Building and Fire Departments. The motion carried by the follow roll call vote: AYES: Councilmen: Rea, Pinkley., Meyers, J. Smith NOES: Councilmen: B. Smith ABSENT: Councilmen - None A communication was read from Owen V. Dresden, President, Dresden Mobile, Home Sales, Inc., 2080 Newport Blvd., Costa Mesa, requesting two utility hook ups for 1) combined office -demonstrator, 2) Hookup for complete pre -delivery inspection at 2080 Newport Blvd. and stated that no person will at any time live-in the trailer on the premises. After discussion it was moved by Councilman B. Smith, seconded by Councilman Meyers., that permit be granted subject to all conditions as iisted in Mr. Dresdens letter of April 4, on file in the office of the City Clerk. Oral CommunciationsThe Mayor inquired if there were anyone present wishing to speak on some item not on the agenda, no one wishing to speak, the Mayor called for written communications. Written Communi- Upon motion by Councilman Pinkley, seconded by Councilman Meyers, cations and carried the summons for Superior Court concerning action of Eminent Domain by the Costa Mesa Union School District was refer- red to the City Attorney. Upon motion by Councilman B. Smith, seconded by Councilman Meyers, and carried, with Councilman Pinkley voting Noe, -communications from Robert A. Geier and Associates in behalf of Signal Oil Co. and Reso- lution No. 1034 of Fountain Valley opposing Signal Oil Co. Refinery in Huntington Beach were ordered received and filed. - Upon motion by Councilman Meyers, seconded by Councilman B. Smith, and carried, communicatiom from the Controller of the State of California for the advance apportionment of Vehicle license fee revenuesfor the 1958-59 fiscal year and the estimate for the 1959- 60 fiscal year was received and ordered filed. Upon motion by Councilman Pinkley, seconded by Councilman B. Smith, and carried permission was granted to the Veterans of Foreign Wars, Coast line Post No. 3536, Costa Mesa, to hold their annual sale of Buddy Poppies and issue, a proclamation urging the buying of buddy poppies. Upon motion by Councilman B. Smith, seconded by Councilman J. Smith, and carried, the communication from the Scovill Manufacturing Co., Waterbury Connecticut, commending the City Manager for the courtesies extended to the company during their recent visit to the area. Upon motion by Councilman Pinkley, seconded by Councilman J. Smith, and carried the reports of the Alcoholic Beverage Control on New off - sale beer and wine license for Minit Markets, Inc., 488 East 17th Street and new on -sale beer and wine license at Gino's, 623 West 19th Street were received and ordered filed. McClellan appoint- The Mayor placedthename of Gordon McClellan for a member of ed to VPD II Vehicle Parking District No. 2 Board before the Council. Council- man Pinkley seconded the _-nomination acid the motion carried unanimously. W. R. 170 Upon motion by Councilman Pinkley, seconded by Councilman Rea, Warrant Resolution No. 170 including Payroll No. 115 was adopted by the following roll call vote: AYES: Councilmen: Rea, Pinkley., B. Smith, Meyers, J. Smith NOES: Councilmen - None ABSENT: Councilmen - None Variance 347A The'City Attorney informed the Council that in connection with Huff Variance No. 347A for Richard A. Huff approved by the Council on July 7, 1958 an agreement for ingress and egress between Armand Hibberd and Mr. Huff was one of the stipulations, but that said agreement had not been completed. -Thereupon it was moved by Councilman B. Smith, seconded by..Councilman Pinkley, and carried, that the City Clerk notify Mr. Hibberd and Mr. Huff that the question on the condition of the agreement will be placed on the agenda of the Council on April 20, and request from them both to be present. City Managers- The City Manager reported that the Air Pollution Control District Report recognized the problem of the.cities of Newport Beach and Costa Mesa and progress -was being made through joint efforts and in correcting problems. It was moved by Councilman Rea, seconded by Councilman Pinkley, and carried, that the City Manager was author- �ized to continue the joint investigations: The City Manager reported that the newly purchased fire truck would be ready in May and that the American La France Company was going to allow the -shipping cost of $800.00 as a'credit if the City wished to drive the truck from Elmira, New York. He estimated the trip would cost $750..00. It was moved by Councilman Pinkley, seconde d by Councilman Meyers that Fire Chief -Ralph Lee be authorized to drive the truck from Elmira with reimbursement for expenses, and the City Manager be authorized to employ Vic Caronna as a c.o- driver for the trip. The motion carried by the following roll call vote: AYES: Councilmen: Ra; Pinkley, Bo Smith, Meyers, J. Smith NOES: Councilmen - None ABSENT: Councilmen - None Adjournment Upon motion by Councilman B. Smith, seconded by Councilman J. Smith, and carried, the meeting adjourned at 12:31 a.m. r May of the City of�Costa Mesa ATTEST: City Clerk of the C'-ty of Costa Mesa 1 1