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HomeMy WebLinkAbout05/04/1959 - City CouncilV 1U 3 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA May 4, 1959 The City Council of the City of Costa Mesa, met in regular session at 7:30 o'clock p.m., May 4, 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 Reverend Harry Hannum. ROLL CALL Councilmen Present: B. Smith, Meyers, Pinkley, J. Smith Councilmen Absent: Rea Officials Present: City Manager, Asst. City Manager, Chief Deputy City Clerk, City Attorney, City Engineer, City Treasurer, Director of Finance. Minutes Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried, the minutes of the meeting of April 20, 1959, were approved as written and previously distributed. REZONE NO. 48 The Mayor announced that this was the time and place set for Hundley Public Hearing on Rezone Petition No. 48, being the petition of Mr. John Hundley -10911 South Atlantic Avenue, Lynwood, California, to rezone from R4 to Cl a. portion of Lot 6, Fair- view Farms Tract, located 190 feet east of Harbor Boulevard, south of Wilson Street, west of College Avenue. The Clerk stated that this had originally been set for public hearing on November 3, 1958, been continued to February 2, 1959, and again extended to May 4; and that Mr. Hundley, the applicant, was again requesting another 90 day extension, and read his letter of April 29, 1959• After a lengthy discussion it was moved by Councilman Pinkley, seconded by Councilman Meyers, and carried, that Rezone Petition No. 48 Public Hearing be continued to June 1, 1959, that no more extensions of time be allowed and that the Clerk notify Mr. Hundley, and the surrounding property owners in the 300 feet radius that the hearing will be held on June.l. REZONE NO. 65 The Mayor announced that this was the time and place set for Allan Public Hearing on_Rezone Petition No. 65, being the petition of Thomas C. Allan, 327 West Wilson to rezone from R4 to R2 propery located on the west side of Fordham Drive, approximately 395.54 feet northerly of the center line of Wilson Street. The Clerk reported that the Planning Commission recommended denial for the following reason: 1) There is singlefamily residential on two sides of this property and it is not good planning to have this heavy type of residential so close to the single family residential. The Clerk stated no written communications had been received. The Mayor inquired if there were anyone present wishing to speak on the rezone. No one wishing to speak, it was moved by Councilman B. Smith, seconded by Council- man Pinkley, and carried, that the hearing be closed. There- upon it was moved by Councilman Pinkley, seconded by Council- man B. Smith, and carried, that Rezone Petition No. 65 be denied, as recommended. REZONE NO. 66 The Mayor announced that this was the time and place set for Brandon Properties Public Hearing on Rezone Petition No. 66, being the petition Inc. of Brandon Properties, Inc., 12218 Atlantic Avenue, Compton, to rezone from R4 to R2 Lots 605 and 606, Newport Mesa Tract, located on the southwest corner of Pomona Avenue and West 18th Street. The Clerk reported that Planning Commission recommended approval provided that prior to City Council action, there shall be on file with the City Clerks the following: 1) An agreement for 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 the signed agreement had been received and that no other written communi- cations had been received. The Mayor inquired if there were anyone present wishing to speak. Hearing no one it was moved Departmental Upon motion by Councilman Pinkley, seconded by Councilman B. Reports Smith, and carried, the following departmental reports were received and ordered filed: Street, Fire, Planning, Pound - master., Building, Police, and Director of Finance for 7 free permits. Refund -Anthony A letter was read from Anthony Brother, Inc., 5871 Firestone Brothers Boulevard, South Gate, requesting refund of $18.00 on Building Permit No. 8999 and $3.50 on Plumbing Permit No. 17709, to- gether with the recommendation -of the Building Official that by Councilman Pinkley, seconded by Councilman B. Smith, and carried that the public hearing be closed. There- upon it was moved by Councilman B. Smith, seconded by Councilman Pinkley, and carried, that the rezone be approved as recommended by the Planning Commission. Thereupon it was moved by Councilman B. Smith, seconded by Councilman Pinkley, and carried, that first reading be given to Ordinance No. 235 being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTION 3.2 OF SAID CITY CHANGING THE ZONING OF LOTS 605 AND 606, NEWPORT MESA TRACT, FROM R4 TO R2. RESOLUTION 586 The City Attorney reported that the Costa Mesa Elementary Setting Public Hear -School District was in the process of acquiring by condem- ing on deletion of nation property located south of Hamilton, between Wallace Sterling Place and Pomona, said property to include the improvements of Sterling Place as included in the Northwest Improvement District. The City Attorney stated that if the Council so desired a deletion could be made in the improvement dis- trict of Sterling Place Improvements. After discussion it was moved by Councilman B. Smith that Resolution No. 586, being A RESOLUTION OF THE"CITY COUNCIL QF THE CITY OF COSTA MESA, CALIFORNIA9,'DECLARING ITS INTENTION TO' MAKE . CHANGESIN THE WORK PROPOSED TO BE DONE;.STATING THE AMOUNT OF THE ESTIMATED INCREASE OR DECREASE IN THE COST OF THE WORK BY REASON OF SAID PROPOSED CHANGES; GIVING NOTICE OF A TIME AND PLACE FOR HEARING OBJECTIONS TO SAID PROPOSED CHANGES IN CONNECTION WITH WEST VICTORIA STREET IMPROVE- MENT DISTRICT. (ASSESSMENT DISTRICT NO. 7) setting public hearing June 1, 1959, be adopted. The motion was seconded by Councilman Meyers, and carried by the following roll call vote: AYES:- Councilmen: B. Smith, Pinkley, Meyers, J. Smith NOES: Councilmen - None ABSENT: Councilman: Rea Final Tract 2327 The City Engineer presented the final map of Tract No. Dawson 2327 submitted in the name of Harold B., Lyla, and Ned M. Dawson, for the subdivision of 19 lots together with a certified check in the amount of $1031.33 a bond in the amount of $2,800.00, and signed agreement. There- upon Councilman B. Smith moved the adoption of Resolution No. 587, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE MAP OF TRACT NO. 2327 AND ACCEPT- ING THE STREETS AND ALLEYS SHOWN THEREON FOR PUBLIC USE FOR HIGHWAY PURPOSES AND AUTHORIZING THE CITY CLERK TO SIGN SAID MAP AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT. The motion was seconded by Councilman Meyers, and carried by the following roll call vote: AYES: Councilmen: B. Smith, Pinkley, Meyers, J. Smith NOES: Councilmen - None ABSENT: Councilmen:- Rea ORDINANCE 236 Thereupon Councilman B. Smith presented Ordinance No. 236, (Emergency Ord.) being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Notification to MESA, FOR ALL TRACT DEVELOPERS IN IMPROVEMENT DISTRICTS TO Purchasers of Im. NOTIFY IN WRITING PROPOSED ASSESSMENT ON LOTS BEING PURCHASED, District Assess- FILING VERIFICATION OF SUCH NOTICE WITH THE CITY CLERK and ments moved its adoption as an emergency ordinance. The motion was seconded by Councilman Pinkley, and carried by the following roll call vote: AYES: Councilmen: B. Smith, Pinkley, Meyers, J. Smith NOES:' Councilmen - None ABSENT: Councilmen: Rea Departmental Upon motion by Councilman Pinkley, seconded by Councilman B. Reports Smith, and carried, the following departmental reports were received and ordered filed: Street, Fire, Planning, Pound - master., Building, Police, and Director of Finance for 7 free permits. Refund -Anthony A letter was read from Anthony Brother, Inc., 5871 Firestone Brothers Boulevard, South Gate, requesting refund of $18.00 on Building Permit No. 8999 and $3.50 on Plumbing Permit No. 17709, to- gether with the recommendation -of the Building Official that one-half of the building permit, $9.00, and no amount of the plumbing permit, be refunded. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Meyers, that the $9.00 refund be approved. Motion was carried by the following roll call vote AYES: Councilmen: B. Smith, Pinkley, Meyers, J. Smith NOES: Councilmen - None ABSENT: Councilmen: Rea ORDINANCE 233 Ordinance No, 233 Entitled AN ORDINANCE OF THE CITY COUNCIL Rezone 63 OF THE CITY OF COSTA MESA AMENDING SECTION 3.2 OF ARTICLE III Peterson OF ORDINANCE NO. 3.2 OF SAID CITY CHANGING THE ZONING OF A PORTION OF LOT 6o4, NEWPORT MESA TRACT, FROM R4 TO R2. Follow- ing reading of the title it was moved by Councilman B. Smith, seconded by Councilman Pinkley, and carried, that further reading be waived and that it be read by title only. There- upon Councilman Pinkley moved the adoption of Ordinance No. 233• The motion was seconded by Councilman Meyers, and carried by the following roll call vote: AYES: Councilmen: B. Smith, Pinkley, Meyers, J. Smith NOES: Councilmen - None ABSENT: Councilmen: Rea ORDINANCE 234 Ordinance No. 234 was presented for second reading. The Mayor Ambulance Ordinance inquired if there were anyone present wishing to speak on the ordinance. Thereupon Dr. S. R. Frazier, M.D., Medical Director of Civil Defense for the City of Costa Mesa, presented recom- mended changes and additions concerning the regulation of ambu- lances as recommended by the local physicians. Mr. Seal, owner of Seals Ambulance Service also spoke. After discussion the following changes were made in Ordinance No. 234: Upon motion by Councilmen B. Smith, seconded by Councilman Pinkley, and carried, Section 4, Paragraph (b) the words "is not over five (5) years of age" were deleted. Upon motion by Councilman Meyers, seconded by Councilman Pinkley, and carried, Section 11, Para- graph (a) the wording was changed to "Is over the age of 20 years, provided however, that anyone eighteen (18) years of age or over may assist in the operation of an ambulance." Upon motion.by Councilmen Pinkley, seconded by Councilman Meyers, and carried, Section 15, Paragraph (r)lwas changed to read as follows: "One gurney or 4 wheel cot with adjustable head posi- tion and equipped with safety belt." Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried, Section 15, Paragraph (r) No. 5 was changed to read as follows: "A sufficient supply of oxygen, together with oxygen masks and regulators, for the administration of oxygen to two patients at the same time for not less than 30 minutes. At least a portion of the oyygen supply shall be portable." Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried, Section 15, Paragraph (4) No. 7 was added as follows: "Resuscitative device, either mechanical or manual, which will deliver an adequate and effective amount of oxygen under intermittent positive pressure to adults or children. Included with this device will be anesthesia airways in large, medium, and small sizes." Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried, Section 15, Paragraph (r) No. 8 was added as follows: "Suction apparatus with suitable attachments for aspiration of the nose and throat. The suction apparatus may be an attachment of the resuscitative device, but must be able to be used without interfering other than momentarily with its action." Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried, Section 15, Paragraph (w) was changed to read as follows: "Every ambulance shall be designed and equipped to trans- port at least two stretcher patients at one time." Mr. W. B. Maurer and Mr. Bill Crouch also spoke from the floor with questions pertaining to the Ordinance. Upon motion by Councilman B. Smith, Ordinance No. 234, being AN ORDINANCE OF THE CITY OF COSTA MESA REGULATING AMBULANCE SERVICES WITHIN SAID CITY, was given first reading as an emergency ordinance. The motion was seconded by Councilman Meyers, and carried by the following roll call vote: AYES: Councilmen: B. Smith, Pinkley, Meyers, J. Smith NOES: Councilmen.- None ABSENT: Councilman: Rea 976 The Mayor recessed the meeting for 5 minutes. ORDINANCE NO. 232 The Clerk presented Ordinance No. 232, being AN ORDINANCE Kissel rezoning 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. 2111, OF NEWPORT HEIGHTS, FROM R4 TO R2 for second reading. The Ordinance had been deferred from the meeting of April 20 to permit Mrs. Lillian A. Welch to secure in- formation. The Clerk read a communication from'Mrs. Welch stating that she did not wish to oppose the rezoning. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Meyers, and carried, that Ordin- ance No. 232 be read by title only. Thereupon it was moved by Councilman B. Smith, seconded by Councilman Pinkley, that Ordinance No. 232, be adopted. The motion carried by the following roll call vote: AYES Councilmen: B. Smith, Pinkley, Meyers, J. Smith NOES: Councilmen - None ABSENT: Councilman: Rea Rezone 55-A Upon motion by Councilman B. Smith, seconded by Council- Cagney man Pinkley, and carried, Rezone Petition No. 55A amended, Set for public being the petition of William J. Cagney, 6777 Hollywood hearing Boulevard, Los Angeles 28, to rezone from RSI- to Cl prop- erty located on the north side of Wilson Street at College Avenue, was set for Public Hearing On May 18, 1959, at the hour of 7:30 o'clock p.m. or as soon thereafter as possible. Rezone 67 Upon motion by Councilman Pinkley, seconded by Councilman Planning Commission B. Smith, and carried, Rezone Petition No. 67 being the' Set for public Petition of the Costa Mesa Planning Commission to rezone hearing both sides of East 17th Street, from Irvine Avenue to Orange Avenue, was set for public hearing on May 18, 1959, at the hour of 7:30 o'clock p.m. or as soon thereafter as possible. Rezone 68 Upon motion by Councilman Pinkley, seconded by Councilman Ellis B. Smith, and carried, Rezone Petition No. 68, being the Set for public petition of Clay D. Ellis, 380 West Wilson, to rezone hearing from R4 to Cl,'the property at 380 West Wilson, was set for public hearing on May 18, 1959, at the hour of 7:30 o'clock p.m. or as soon thereafter as possible. Rezone 69 Upon motion by Councilman B. Smith, seconded by Councilman Forbes Pinkley, and carried, Rezone Petition No. 69 being the peti- Set for public tion of Robert Forbes and George S. Fruehling, 115 Cabrillo hearing to rezone from R4 to R2 property located on the northwesterly corner of East Bay and Fullerton Avenues, was set for public hearing on May 18, 1959, at the hour of 7:30 o'clock p.m. or as soon thereafter as possible. Rezone 72 Upon motion by Councilman Pinkley, seconded by Councilman Planning Commission Meyers, and carried, Rezone Petition No. 72, being the Set for public petition of the Costa Mesa Planning Commission to rezone hearing from Al to Cl property located on the West side of Harbor Boulevard, between Cypress Avenue north to alley above Baker Street, was set for public hearing on May 18, 1959, at 7:30 o'clock p.m. or as soon thereafter as possible. Building Moving Applications for Building Moving Permits Nos. 232 and 233, 232 and 233 being the applications of Dr. G. 0. Beem, 910 Oak Street, Beem to move a house and garage from 597 West 19th Street to 1966 Wallace Avenue, were presented together with a com- munication from Dr. Beem requesting withdrawal inasmuch as the cost of bringing the buildings up to code would be to much. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Meyers, and carried, that the appli- cations be denied. Building Moving Applications for Building Moving Permit No. 234, being the No. 234 application of Lewis Brown, 235 East 22nd Street to move Brown a dwelling from 2155 Fairview Road, to property located 1 1 i 1 on the northerly side of Camellia Lane, 460.30 feet easterly of Orange Avenue was presented together with the recommenda- tions of the Planning°Commission for approval subject to the following conditions: 1) Dedication to the City of Costa Mesa of 25 feet (25') on Camellia Lane for street purposes and that this dedication be made prior to moving the building. 2) That this dedication for Camellia Lane be improved under the direction of the City Engineer prior to occupancy of the dwelling. 3) All the requirements of the Building Safety Department and the posting of a $3500.00 bond. Mr. Brown was present and stated he was in full agreement with all the conditions.: -:Thereupon it was moved by Councilman Pinkley, seconded by Councilman Meyers, and carried, that the appli- cation be approved subject to all the recommendations of the Planning Commission. RESOLUTION 588 Upon motion by Councilmen B. Smith, seconded by Councilman Fair Fire Pro- Pinkley, Resolution. No. 588, being A RESOLUTION OF THE CITY tection COUNCIL OF THE CITY OF COSTA MESA APPROVING AN AGREEMENT BY AND BETWEEN THE CITY OF COSTA MESA AND THE 32ND DISTRICT AGRICULTURAL ASSOCIATION FOR FIRE PROTECTION FOR THE 1959 ORANGE COUNTY FAIR, AND AUTHORIZING THE CITY MANAGER TO SIGN SAID AGREEMENT ON BEHALF OF THE CITY, was adopted by the following roll call vote: AYES: Councilmen: B. Smith, Pinkley, Meyers, J. Smith NOES: Councilmen - None ABSENT: Councilmen Rea RESOLUTION 589 Upon motion by Councilman B. Smith, seconded by Councilman Weed Abatement Pinkley, Resolution No. 589, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA DETERMINING AND DECLARING THAT WEEDS WHICH BEAR SEEDS OF DOWNY OR WINGY NATURE AND WEEDS WHICH ATTAIN SUCH A LARGE GROWTH AS TO BECOME A FIRE NUISANCE WHEN DRY AND WEEDS WHICH ARE OTHERWISE NOXIOUS OR DANGEROUS ARE GROWING UPON CERTAIN STREETS, SIDEW=S, PARK- WAYS AND PRIVATE PROPERTY IN THE CITY OF COSTA MESA AND THAT THE SAME ARE A PUBLIC NUISANCE; DIRECTING THE STREET SUPER- INTENDENT TO POST NOTICES TO DESTROY SAID WEEDS AS REQUIRED BY LAW, FIXING THE TIME FOR HEARING ALL OBJECTIONS OR PRO- TESTS AND DIRECTING THE.ABATEMENT THEREOF IN ACCORDANCE WITH ORDINANCE NO. 39 OF THE CITY OF COSTA MESA, was adopted by the followingroll call vote: AYES: Councilmen: B. Smith, Pinkley, Meyers, J. Smith NOES: Councilmen - None ABSENT: Councilmen: Rea (Sets public hearing May 18, 1959•) RESOLUTION 590 Upon motion,by Councilman Pinkley, seconded by Councilman Dady Right of B. Smith, Resolution No. 590, being A RESOLUTION OF THE Way Agreement CITY COUNCIL OF THE CITY OF COSTA MESA RATIFYING AND APPRO- VING AN AMENDMENT TO A RIGHT OF WAY CONTRACT BY AND BETWEEN THE CITY OF COSTA MESA AND HARRY L. DADY AND JENNIE MAY DADY FOR THE WIDENING OF HARBOR BOULEVARD, AND AUTHORIZING THE EXECUTION THEREOF, was adopted by the following roll call vote: AYES: Councilmen: B. Smith, Pinkley, Meyers, J. Smith NOES: Councilmen - None ABSENT: Councilmen: Rea Rezone 74 Upon motion by Councilman B. Smith, seconded by Councilman Longstreth Pinkley, and carried, Rezone Petition No. 74, being the petition of Jerry L. Longstreth, 1514+2 Sunset Plaza Drive, Los Angeles 45, to rezone from R4+ to R2, Lot 503, Newport Mesa Tract, located at 679 Center Street, was referred to -Planning Commission for their recommendations. Rezone 75 Upon motion by Councilman Pinkley, seconded by Councilman Meyers, Betz and carried, REzone Petition No. 75, being the petition of Lyman B. Betz, 821 Havenhurst Point, LaJolla, to rezone from Al to C1 and R2, property located on the northwest corner .of Baker and College Streets, was referred to the Planning Commission for their recommendations. Rezone 76 Upon motion by..Councilman B. Smith, seconded by Councilman Meyers, Koll and carried, Rezone Petition'♦No.: 76, being the petition of K. W. Koll, 1555 Placentia, Newport Beach, to rezone from Ml -A to R1, property located north of Gisler, west of Bermuda Drive, was referred to the Planning Commission for their recommendations. Tentative Tract Tentative Tract Map No. 3399, being the tract of Richard A. No. 3399 Huff, 1150 West Brook, Santa Ana, to subdivide into 8 lots Huff property located on the south side of Baker Street, 554.41 feet westerly of the center line of Fairview Road, was presented to- gether with the recommendation of the Planning Commission for approval subject to the requirements of the City Engineer, dated April 27, 1959 with the exception of Item No. 1 under Special Conditions pertaining to the installation of curbs and gutters along Baker Street to the West of this Tract. This improvement should be subject to the discretion.of the City Engineer. After discussion it was moved by Councilman B. Smith, seconded by Councilman Pinkley, and carried, that the Tentative Tract be approved subject to the recommendations of the Planning Commission. Record of Survey Record of Survey for Swentek Construction Company, Inc., 1570 Swentek Const. West Sumac Lane, Anaheim, to divide a portion of property Company, Inc. described as Lot 44, Fairview Farms, into five parcels, located on the West side of Pomona Avenue, between Victoria and Wilson, was presented together.with the recommendation of the Planning,- Commission for approval subject to the installation of resid- ential sidewalks. Upori motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried, the Record of Survey was approved subject to the conditions of the Planning Commission, and the additional stipulation that the requirements of Ordin- ance No. 236 be met. ORDINANCE 237 The communication of the Costa Mesa Planning Commission request - Alley Setback on ing a setback Ordinance for alley opening to the rear of the Harbor - Bet. commercial property located on the East side of Harbor Boule- Hamilton & Vict. vard, between Hamilton and Victoria was presented together with their recommendation for the adoption of Plan A as made a part of the request. After discussion and viewing of both Plan A and Plan B. it -was moved by Councilman Pinkley, seconded by Councilman Meyers, and carried, that first reading be given to Ordinance No. 237, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING A SETBACK ORDINANCE FOR THE REAR PROPERTY LINE ON THE EAST SIDE OF HARBOR BOULE- VARD, BETWEEN -HAMILTON -VICTORIA AS INDICATED ON PLAN "A". Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried, the Building Department was instructed to deny all building permits within the proposed setback area pending action of the City Council for second reading and adoption of the Ordinance. Right of Way Upon motion by Councilman Pinkley, seconded by Councilman Deeds Meyers, a right of wa.y deed dated April 27 and 30, from Yvonne Marchbank and S. W. Atwood, for those certain streets known as Harbor Boulevard and Bay Street, was acc.epted.and ordered placed on record by the following roll call vote: AYES: Councilmen: B. Smith,. Pinkley, J. Smith, Meyers NOES: Councilmen - None ABSENT: Councilmen: Rea O Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried, a right of way deed dated April 23, 1959, from Harry and Victoria Alhadeff, for that certain street known as Alley North of Plumer, was received and ordered placed on record by the following roll call vote: AYES: Councilmen: B. Smith, Pinkley, J. Smith, Meyers NOES: Councilmen - None ABSENT: Councilmen: Rea Upon motion by Councilman Meyers, seconded by Councilman Pinkley;--a right of way deed dated April 23, 1959, from W. E. and Eleanor S. Fisher for that certain street known as West 19th Street, was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen: B. Smith, Pinkley, J. Smith, Meyers NOES: Councilmen - None ABSENT: Councilmen: Rea 9 7 9 Upon motion by Councilman Pinkley, seconded by Councilman B. Smith, a right of way deed dated April 15, 1959, from the Church.of Christ Corporation for that certain street known as Wilson Street, was acdepted, and ordered placed on record by the following roll call vote: AYES: Councilmen: B. Smith, Pinkley, Meyers, J. Smith NOES: Councilmen - None ABSENT: Councilmen: Rea Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, a right of way deed dated May 1, 1959, from William A. and Ann R. McBride for that certain street known as Alley with Tract 612, was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen: B. Smith, Pinkley, Meyers, J. Smith NOES: Councilmen - None ABSENT: Councilmen: Rea Upon motion by Councilman B. Smith, seconded by Councilman Meyers, a right of way deed dated May 1, 1959, from Dwain Gatterdam for that certain street known as Elden Avenue, was accepted and ordered placed on record by the following roll call vote: AYES: -Councilmen: B. Smith, Pinkley, Meyers, J. Smith NOES: Councilmen - None ABSENT: Councilmen: Rea Upon motion by Councilman Pinkley, seconded by Councilman B. Smith, a right of ti,ra.y deed dated April 17, 1959, from Anthony Yapelli, for that certain street known as Maple Avenue was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen: B. Smith, Pinkley, Meyers, J. Smith NOES: Councilmen - None ABSENT: Councilmen: Rea Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, a right of way deed dated May 1, 1959, from W. L. Buck for that certain street known as Camellia Lane, was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen: B. Smith, Pinkley, Meyers, J. Smith NOES: Councilmen - None ABSENT: Councilmen: Rea VARIANCE 594 Variance Application No. 594, being the application of Raymond Stansbury P. Stansbury, 1+37 Dolphin Terrace, Newport Beach, to permit a rear yard encroachment of 15.00 feet into the required 25.00 feet rear yard setback for a garage apartment at 1507 Tustin Avenue, Costa Mesa, was presented together with the recommendation of the Planning Commission for denial for the following reasons: 1) Over -building the property; 2) No hardship shown; 3) It seems predominantly RI usage around this property. Mr. Lee Wilder, 2156 Newport Boulevard, was present in behalf of Mr. Stansbury, and requested reconsider- ation as this one unit would not be overbuilding the property which is an R4 zone. After discussion it was moved by Council- man B.Smith, seconded by Councilman Meyers that the Variance be granted subject of two to one off-street parking under the direction of the Planning Department, and residential side- walks be installed under the direction of the City Engineer. VARIANCE 602 Variance Application No. 602, being the application of Richard Huff A. Huff, 105 South Main Street, Orange, to permit a 10.00 feet encroachment into the required 60.00 foot front yard setback from the center line of Baker Street for the construction of units located on the south side of Baker Street, 554.41 feet, westerly of the center line of Fairview.Road, was presented together with the recommendation of the Planning Commission for approval. Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried, the Variance was approved as recommended. 980 VARIANCE 603 Variance application No. 603, being the application Koll of Kenneth W. Koll, 1555 Placentia, Newport Beach, to permit a front, rear and side variance in self- contained Tract No. 2996 as indicated on the plot plan made a part of the application, was presented, together with the recommendation of the Planning Commission for approval subject to the following: 136 off-street parking spaces under the direction of the Director of Planning. Upon motion by Councilman B. Smith, seconded by Councilman Meyers, and carried, with Councilman Pinkley voting Noe, the action of the Planning Commission was upheld. VARIANCE 604 Variance Application No. 604 being the application of Costa Mesa Invest- Costa Mesa Investment Company, 1872 Newport Boulevard, ment Company to permit a mobile home park located between Bristol Street and Newport Boulevard, approximately 1700 feet southerly of'the center line of Baker Streets, was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) Subject to the requirements of the County Flood Control, 2) Subject to the requirements of the County Health Department, 3) Dedication of 60 feet to the City of Costa Mesa for street purposes on both sides of Bristol Street, under the direction of the City Engineer. Discussion was held on the width of the ingress and egress to the park for the large trailers. Mr. Arthur Lewis, 2502 Greenbriar, Anaheim, was present inbehalf of the applicant, as designer of the park. After discussion it was moved by Councilman B. Smith, seconded by Councilman Meyers, and carried, that the action of the Planning Commission be ratified subject to the recommendations of the Traffic Commission. VARIANCE 611 Variance Application No. 611,being the application of Brown Lewis K. Brown, 235 East 22nd Street, Costa Mesa, to permit an encroachment of 3.00 feet into the required front yard setback of 50.00 feet from the center line of the street for the location of a dwelling on the northerly side of Camellia Lane, approximately 460.30 feet easterly of the center line of Orange Avenue, was presented together with the recommendation of the Plan- ning Commission for withdrawal as requested by the appli- cant and recommended that some financial adjustment be made on the variance fee at the discretion of the City Council. Thereupon Mr. Brown spoke from the floor stating his en- gineer had made a mistake in the measurements, and requested refund of a part of the -fee. Thereupon it was moved by Councilman B. Smith, seconded by Councilman Meyers, that the application be withdrawn and the applicant refunded 80 per- cent of the $25.00 fee. Motion carried by the following roll call vote: AYES: Councilmen: B. Smith, Pinkley, Meyers, J. Smith NOES: Councilmen - None ABSENT: Councilmen: Rea VARIANCE 612 Variance Application No. 612, being the application of St. St. Joachim Parish Joachim Parish, 1529 West 9th Street, Los Angeles, to permit an encroachment of in the rear yard of 2 feet 2 -inches into the required rear yard setback of 20 feet 6 inches (18 feet 4 inches from the rear property line) was presented together with the recommendation.of the Planning Commission for approval. Mr. J. Ogden Markel was present in behalf of the applicant. Upon motion by Councilman Pinkley, seconded by Councilman B. Smith, and carried, the Variance was approved as recommended. SUBDIVISION 246 Subdivision Application No. 246, being the application of Henderson Mr. and Mrs. Erwin J. Henderson, 2546 Orange Avenue, to sub- divide property at 2546 Orange Avenue into two parcels, con- taining two sub -standard lots in width was presented together with the recommendation of the Planning Commission for appro- val provided that prior to action by the City Council, the applicant submits a deed dedicating 5.00 feet to the City of Costa Mesa for street purposes on Orange Avenue. Upon motion by Councilman Pinkley, seconded by Council- man Meyers, the subdivision was approved and the deed of right of way dated May 4, 1959, was accepted and placed on record by the following roll call vote: AYES: Councilmen: B. Smith, Pinkley, Meyers, J. Smith NOES: Councilmen - None ABSENT: Councilmen: Rea SUBDIVISION 233 Subdivision applicant No. 233, being the application of -Roy Roush W. and Edna Roush, 2220 Orange Avenue, to divide property on the Southeast corner of Orange Avenue and Virginia Place (Portion of Lot 293, Newport Heights Tract) into two parcels, one lot being sub -standard in area, was presented together with the recommendation of the Planning Commission for approval subject to the dedication of 25.00 feet to the City of Costa Mesa for street purposes for Virginia Place. Mrs. Roush was present and stated she did not wish to dedicate any of her property to the City. After discussion it was moved by Mayor Smith, seconded by Councilman B. Smith, and carried that the application be denied. PERMITS The Clerk presented to the Council the application for Taxi-driver taxi-driver permit for Willard Barnes Maurer, stating that he had been convicted of a misdemeanor, and under the Ord- inance no permit can be issued by the Police Department if the misdemeanor has been within two years prior to the date of application. Mr. Maurer was present and requested the permit.- After discussion it was moved by Councilman Pinkley, seconded by Councilman Meyers, and carried, that the ordin- ance be upheld and the permit be denied. Papade and Upon motion by Councilman B. Smith, seconded by Councilman ha�r.ragon Pinkley and carried permit was granted to the Costa Mesa Chamber of Commerce to have a motorcade of the Horseless Carriage Club of Orange County on Saturday, May 16 at 11:00 a.m. and permit for a haywagon to be drawn by horses for _ three days, May 14, 15, and 16, both subject to the rati- fication of the Chief of Police. Sound t=ruck Upon motion by Councilman Pinkley, seconded by Councilman J. Smith, and carried, permit was granted to Costa Mesa Kiwanis Club to use a sound truck between 4 p.m. and 8 p.m. on Friday, May 8, to advertise their annual Kiwanis Break- fast. Auction Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried, permit was granted to Carl Phil Hanson, to hold a one day auction at the Balboa Transfer Company, 1560 Placentia, on May 20, at 10:00 a.m. Rides Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried, permit was granted to James D. Eaton dba Mesa Miniature Golf, 2016 Newport Boulevard, for four separate kiddieland amusement rides. W. R. 172 Upon motion by Councilman Pinkley, seconded by Councilman B. Smith, Warrant Resolution No. 172 including Payroll No. 117 was approved by the following roll call vote: AYES: Councilmen: B. Smith, Pinkley, Meyers, J. Smith NOES: Councilmen - None ABSENT: Councilmen: Rea Oral Communication The Mayor inquired if there were anyone present wishing to Teen Center speak on some item not on the agenda. Thereupon Miss Ann Johnston, 1692 East 18th Street, Costa Mesa, stated that some of the teenagers would very much like to see a teen center in Costa Mesa, and requested cooperation from the City in starting such a project. All the Councilmen spoke in favor of the project and requested the Chief of Police and City Manager, to continue to work with the adult group now intending to form such a center, and to report back to the Council progress being made, periodically. 982 Written Communica= No one else desiring to speak, the Mayor called for written tions communications. On motion by Councilman B. Smith, seconded A.B.-C. by Councilman Pinkley, and carried, the report of the Alco- holic Beverage Control for double transfer of off -sale general for the Thrifty Drug Stores, Company, Inc. to 2300 North Harbor Boulevard, was received and ordered filed. Knitting Bag Upon the recommendation of the Board of Vehicle Parking Lease District No. 1, -it was moved by Councilman Pinkley, seconded by Councilman Meyers, and carried that the lease of Joseph and Louise Hamblet, dba the Knitting Bag be extended to June 30, 1962, subject to the terms and conditions of the existing lease. Upon motion by Councilman Pinkley, seconded by Councilms.n Meyers, and carried, the letter of Vehicle Parking District No. 1 concerning certain repairs in the District be refer- red to the Director of Finance. Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried, the letter from Vehicle Parking District No. 1 concerning rental of certain parking spaces be referred to the City Attorney, in order that he may instruct the District of their legal rights. Mr. Jack Barnett presented to the Council the design of the new area directional signs. Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried, the sign as presented was ratified. Adjournment Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried, the meeting adjourned at 11:00 p.m. Ma of the City of Mosota Mcsa ATTEST: = City Clerk of the City of Costa Mesa 1