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HomeMy WebLinkAbout06/15/1959 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA June 15, 1959 The City Council of the City of Costa Mesa, met in regular session at 7:30 o'clock p.m., June 15, 1959, 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 Reverend Luther Tornow: ROLL CALL Councilmen Present: Rea, B.Smith, Meyers, Pinkley, J.Smith Councilmen Absent: None Officials Present: City Manager, Asst. City Manager, City Attorney, Director of Finance, City Engineer, City Treasurer Employees' Assn. Mr, Ray Gallagher, Vice -President of the Costa Mesa City Employees' Code of Ethics Association presented to the Mayor and Council the Code of Ethics for presented. City Employees, which the Association adopted on April 14, 1959• The Mayor accepted the Code on behalf of the Council, commending the Associa- tion on the wording and the good work that the employees were doing. OPENING OF BIDS The Mayor announced that this was the time and place setfbr the opening Traffic Signals of bids for Furnishing and Installing Traffic Signals at Seven Intersec- tions in the City of Costa Mesa. The clerk reported that five bids had been received. The bids were then.publicly opened, read, and declared as follows: NAME AMOUNT Sherwin Electric Service $ 38,648.00 Paul Gardner Corporation $ 34,809.00 E. D. Johnson & Co. $ 40,944.00 Ed Seymour $ 38,850.00 Steiny & Mitchel $ 43,440.00 Reference is hereby made to the bids on file in the Office of 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 Pinkley, and carried, the bids were referred to the City Engineer for check and report back at the adjourned meeting on June 29, 1959• PUBLIC HEARING The Mayor announced that this was the time and place fixed for the hear - Canyon Annexation ing of protests or objections against the proposed Canyon Annexation. The Clerk reported that the affidavits and proof of the publication of the Resolution of Intention, and the mailing of notices of adoption of the Resolution of Intention, as -..required by law, had been made and were on file in the office of the City Clerk. The Mayor thereupon declared the hearing open. The Clerk reported that no written protests had been received. There being no written communications the Mayor inquired if there were anyone present wishing to speak. All persons having been given full opportunity to be heard, and no one wishing to speak it was moved by Councilman B.Smith, seconded by Councilman Rea, and carried, that the public hearing be closed. ORDINANCE NO. 244 Thereupon Ordinance No. 244, 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 DESIGNATED AS "CANYON ANNEXATION", was presented. Following full reading of the Ordinance, it was moved by Councilman Pinkley, seconded by Councilman Meyers, and"carried, that this constitute first reading of the Ordinance. PUBLIC HEARING The Mayor announced that this was the time and place fixed for the public Access rights to hearing on the request of W. W. Daniel, % Romar Builders, for release Santa Ana Avenue, of restrictions on vehicular access rights to Santa Ana Avenue from Tract 1193 Lot 1 of Tract No. 1193. The Clerk reported that the property had been duly posted and that no written communications had been received. There- ppon the Mayor inquired if there were anyone present wishing to speak. 1008. All persons having been given full opportunity to be heard, and no one wishing to speak, it was moved by Councilman B.Smith, seconded by Council- man.Meyers, and carried, that the hearing be closed. Thereupon it was RESOLUTION 604 moved by Councilman B.Smith, that Resolution No. 604, being, A RESOLU- TION OF THE CITY•COUNCIL OF THE CITY OF COSTA MESA RELEASING RESTRICTIONS ON VEHICULAR ACCESS RIGHTS TO SANTA ANA AVENUE FROM THE NORTHEASTERLY TWENTY FEET (201) OF LOT 1 OF TRACT NO. 1193, be adopted. The motion was seconded by Councilman Rea, and carried by the following roll call vote: AYES: Councilmen Rea, B.Smith, Meyers NOES: Councilmen Pinkley, J.Smith Building -Moving 251 Mr. and Mrs. Almquist requested that their building moving application Almquist No. 251 be presented at this time inasmuch as Mrs. Almquist had to catch a plane. The Council then requested the Clerk to present the application. The Clerk presented Building Moving Application No. 251, being the application of Forrest and Myrtle Almquist, 13942 Paualrino, Santa Ana, to move a commercial building from 2083 Newport Blvd., Costa Mesa to 3046 Bristol Street, together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) The posting of a $5,000.00 bond. 2) All the requirements of the Building Safety Department. 3) Dedication of all land 60 ft. from the center line of Bristol Street to the City of Costa Mesa for street purposes. ABSENT: Councilmen - None PUBLIC HEARING The Mayor announced that this was the time and place fixed for the Rezone No. 61-A public hearing on Rezone, Petition No. 61-A, being the petition of Dwaileebe Mr. Michael C. Dwaileebe, 408 E. 18th Street, to rezone from R4 to P1 property located on the East side of Orange Avenue, between Sparks Street and 16th Place, The rezone petition was presented together with the recommendation of the Planning Commission for approval provided that, prior to the first reading of the .Ordinance by the City Council, the applicant submits the following: 1) An agreement to install com- iriercial sidewalks along Orange Avenue and 16th Place under the direction of the City Engineer, and that these be installed as the buildings are constructed, if it is advisable to do so. The Clerk reported that the agreement had been received, but that two signatures were lacking, and that Mr. Dwaileebe would have these in prior to the next Council meeting. The Clerk reported that no written communications had been received. Thereupon the Mayor inquired if there were anyone in the audience wishing to speak. All persons having been given an opportun- ity to speak and no one wishing to be heard, it was moved by Councilman Pinkley, seconded by Councilman Rea, and carried, that the hearing be closed. Thereupon it was moved by Councilman B.Smith, seconded by Councilman Pinkley, and carried that after full reading of Ordinance ORDINANCE NO. 245 No. 245, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA First Reading MESA -AMENDING SECTION 3.2 OF ARTICLE III OF ORDINANCE NO. 32 OF SAID CITY CHANGING THE ZONING OF CERTAIN PROPERTY ON THE EAST SIDE OF ORANGE AVENUE, BETWEEN SPARKS STREET AND 16TH PLACE, FROM R4 TO Pl be given first reading and passed to second. PUBLIC HEARING The Mayor announced that this was the'time and place fixed for public Rezone No. 71 hearing of Rezone Petition No. 71, being the Petition of Opti -Invest - Opti -Investments ments, Inc. to rezone from R4 to R2, Lot 54, Tract 57, located on the southeast corner of College and Avocado Streets. The rezone was pre- sented together with the recommendation of the Planning Commission for approval provided that prior to the first reading of the Ordinance by the City Council, the applicant submits the following: 1) A dedication of 40 ft. from the center line of College Avenue, to the.City of Costa . Mesa for street purposes. 2) A dedication of 30 ft. from the center line of Avocado Street to the City of Costa Mesa for street purposes. The Clerk reported that the necessary dedications had been received and no written communications had been received. The.Mayor then inquired if there were anyone present wishing to speak. All persons having been given an opportunity to be heard and no one wishing to speak, it was moved by Councilman Pinkley, seconded by Councilman B.Smith, and carried, that the public hearing be closed. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Rea, and carried, that first reading be given to Ordinance No. 246, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTION 3.2 OF ARTICLE III OF ORDINANCE N0. 32 OF SAID CITY, CHANGING THE ZONING OF LOT 54 OF TRACT NO. 57 FROM R4 TO R2. Building -Moving 251 Mr. and Mrs. Almquist requested that their building moving application Almquist No. 251 be presented at this time inasmuch as Mrs. Almquist had to catch a plane. The Council then requested the Clerk to present the application. The Clerk presented Building Moving Application No. 251, being the application of Forrest and Myrtle Almquist, 13942 Paualrino, Santa Ana, to move a commercial building from 2083 Newport Blvd., Costa Mesa to 3046 Bristol Street, together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) The posting of a $5,000.00 bond. 2) All the requirements of the Building Safety Department. 3) Dedication of all land 60 ft. from the center line of Bristol Street to the City of Costa Mesa for street purposes. L 09 Mr. and Mrs. Almquist were present and requested that the dedication on Paularino Avenue be:;.orily 30 ft. instead of 40 ft. After discussion it was moved by Councilman B.Smith, seconded by Councilman Meyers and carried, that the application be granted subject to the conditions of the Planning Commission with the exception that the dedication on Paularino Avenue be 30 ft. from the center line of the street, said application t6 become effective upon receipt of the necessary cocuments at the City Clerks office. Later in the meeting Mr:. Swartz reported that Mr. and Mrs. Almquist were willing to dedicate on Bristol Street, but that in the right of way would be a building and a block wall, and they requested information as to who would pay for the removal of both when and if the street is widened. After discussion it was moved by Councilman B.Smith, seconded by Councilman Rea, and carried, that an encroachment permit be approved and if and when the street goes through the City and/or. -Improvement District will bear.the cost of the removal of the wall and building. - City Manager to hire- The City Attorney reported that the Planning Commission had now com- right of way person- pleted their study on the proposed streets and street widening in the nel & appx.a.iser for Northeast Improvement District, and in order to meet the dates establish- N.E. Imp. Dist. ed by the Council he would recommend that personnel be employed to secure the right of way and that an appraiser be employed for any necessary appraisals. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Rea, and carried that the City Manager be authorized to hire the.necessary personnel to secure the rights of way and the appraiser to make appraisals. The City Attorney reported that it had been requested by the Fire Chief that an amendment be made to the Fire Prevention Ordinance concerning automatic nozzles for gasoline pumps. Fire Chief Lee presented the proposed accepted type of automatic nozzle and answered questions of the Council. Thereupon it was moved by Councilman B.Smith, seconded by Councilman Pinkley, and carried that first reading be given to Ordinance No. 247, being AN ORDINANCE OF THE CITY OF COSTA MESA AMEND- ING ORDINANCE N0. 113, TO AUTHORIZE THE USE OF AUTOMATIC NOZZLES. RESOLUTION 618 Upon motion by Councilman Pinkley, seconded by Councilman Meyers, Reso- St. ltg. engr. lution No. 618, being'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF report approved. COSTA MESA, CALIFORNIA, APPROVING THE REPORT OF THE CITY ENGINEER OF SAID CITY, MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. 615 DATED JUNE 1, 1959, was adopted by the following roll call vote AYES: Councilmen Rea, B.Smith, Meyers, Pinkley, J.Smith NOES: Councilmen - None ABSENT: Councilmen - None RESOLUTION 619 Upon motion by Councilman B.Smith, seconded by Councilman Rea, Reso- Intention to order lution No. 619, being A RESOLUTION OF, THE CITY COUNCIL OF THE CITY OF ,. lighting fixtures .COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN LIGHTING FIXTURES AND APPLIANCES ON CERTAIN STREETS AND PUBLIC PLACES IN THE -CITY OF COSTA MESA, TO BE MAINTAINED AND.ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING SAID FIXTURES FOR A PERIOD OF MONTHS, ENDING OCTOBER 31, 1960, was adopted by the following roll call vote: AYES: Councilmen Rea, B.Smith, Meyers, Pirikley, J.Smith NOES: Councilmen - None ABSENT: Councilmen - None RESOLUTION 620 Upon motion by Councilman Pinkley, seconded by Councilman B.Smith, Sets hearing of Resolution No. 620, being A RESOLUTION OF.THE CITY COUNCIL OF THE protests CITY OF COSTA MESA CALIFORNIA, APPOINTING A TIME AND PLACE FOR HEARING PROTESTS IN RELATION TO THE PROPSED IMPROVEMENT REFERRED TO IN RESO- LUTION OF INTENTION NO. 615 AND DIRECTING THE CLERK OF SAID CITY COUNCIL TO GIVE NOTICE OF SAID HEARING, was adopted by the following roll call vote: AYES: Councilmen Rea, B.Smith, Meyers, Pinkley, J.Smith NOES: Councilmen - None ABSENT: Councilmen.- None (Sets public hearing July 20, 1959) Peter Tornay The City Attorney introduced Mr. Peter Tornajr, as a new member of his Appt. Asst. City staff, and requested that the City Council, if they so desired, appoint Attorney him Assistant City Attorney. Uponmotion by Councilman Pinkley, seconded by Councilman Meyers, and carried, Mr. Peter Tornay, was appointed Assis- tant City Attorney. 1 0io Final Tract 3411 Stoneman RESOLUTION NO. 603 The City Engineer presented the final map of Tract No. 3411 submitted in the name of Alan C. Stoneman, Inc. for the subdivision of 18 lots, 'together with a certified check in the amount of $1491.91, a bond in the amount of $16,800.00, and sigped agreement. Thereupon Councilman B.Smith moved the adoption of Resolution No. 603, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE MAP OF TRACT NO. 3411 AND ACCEPTING THE STREETS AND ALLEY ',S 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 Rea, and carried by the following roll call vote: AYES: Councilmen Rea, B.Smith, Meyers, Pinkley, J.Smith NOES: Councilmen - None ABSENT: Councilmen -'None Departmental Reports Upon motion by Councilman Pinkley, seconded by Coizncilma.n Meyers, and carried, the reports of the Director of Finance, City Treasurer, Poundmaster, and Police Departments for the month of May, be received and ordered filed. Refund - Zirkle A communication was read from Mr. Claude Zirkle, 1977 Maple Avenue, requesting refund on Building Permit No. 9334, inasmuch as he did not plan to erect the building, together with the recommendation of the Building Official for a refund of $17.00 which is 85 % of the permit fee. Upon motion by Councilman B.Smith, seconded by Councilman Rea, refund of $17.00 was approved. The motion was carried by the follow ng roll call vote: AYES: Councilmen Rea, B.Smith, Meyers, Pinkley, J.Smith NOES: Councilmen - None ABSENT:- Councilmen - None Refund - Thunstrom A communication was read from Mr. Rick Thunstrom, 1825 Placentia, for refund on Building Permit No. 8871 inasmuch as he does not plan to erect the building, together with the recommendation of the Building Official for a refund of $56.10 which is 85/o'of the permit fee. "Upon motion by Councilman Pinkley, seconded by Councilman B.Smith, refund of $56.10 was approved. The motion was carried -by the fol- lowing roll call vote: AYES: Councilmen Rea, B.Smith, Meyers, Pinkley, J.Smith NOES: Councilmen - None ABSENT: Councilmen - None ORDINANCE NO. 243 Ordinance No. 243 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE Second Reading CITY OF COSTA MESA AMENDING SECTION 3.2 OF ARTICLE III OF ORDINANCE Rezone No. 73 NO. 32 OF SAID CITY CHANGING THE ZONING OF LOTS 5 THROUGH 39, TRACT N0. 2822 FROM Al TO R2 AND LOTS 40 THROUGH 298, TRACT NO. 2822 AND ALL OF TRACTS 2353, 3115 and 3363 FROM Al TO R1 was presented for second reading. Following reading of the t%tle, Councilman B.Smith moved that title only be read. The motion was seconded by Councilman Pinkley, and carried. Thereupon Councilman Pinkley moved the adoption of Ordinance No. 243. The motion was seconded by Councilman B.Smith, and adopted by the following roll call vote: AYES: Councilmen Rea, B.Smith, Meyers, Pinkley, J.Smith NOES: Councilmen - None ABSENT: Councilmen - None Rezone Petition 67 -The Clerk presented Rezone Petition No. 67, initiated by the Planning E. 17th St. Commissinn to rezone E. 17th Street from C2 -to Cl and Cl -S, having (Con't.) been deferred from the meeting of June 1. The City Attorney presented the proposed ordinance he had been instructed to draft for the Council. After considerable discussion it was moved by Councilman Meyers, seconded Petition denied by Councilman B.Smith that Rezone Petition No. 67 be denied. The motion carried by the following 3/2 vote: AWES: Councilmen B.Smith, Pinkley, Meyers NOES: Councilmen Rea, J.Smith ABSENT: Councilmen - None Thereupon the Clerk read the proposed Ordinance section by section. The Council suggested rewording of Section 1, No. 7, second paragraph to read: Notwithstanding the foregoing, no mortuiary author- ized hereunder shall be subject to voluntary transfer of ownership with- out the consent of the City Council after recommendation of the Planning Commission." Thereupon it was moved by Councilman Pinkley, seconded by pelf The Mayor declared a five minute recess and the meeting reconvened at 9:05 p.m.. Request for abandon- Communications were presented from E. H. Gardner, John M. Russon, ment of sidewalks President of Mesa Manor, Inc., Paul Barto,. Peggy J. Daniel, and referred to Plan. Evelyn L. Altland, requesting abandonment of a walkway between Lots 11 Comm. and 12, Tract No. 2947, located from Raleigh to Pomona Avenues. After discussion it was moved by Councilman B.Smith, seconded by Council- man Pinkley, and carried that the communications be referred to the Planning Commission for their recommendation. Scottco, Inc. A communication was presented from Roger Watson, Scottco Inc., 275 Accept 17th P1. as Santa Isabel with three requests: 1) Acceptance of 17th Place, as public.street a City Street (30 ft. wide, and paved.). The City Engineer informed the Council that the portion of 17th Place that is a part of the new tract has not yet been completed and recommended that it be accepted Request setbacks as a whole when it is finished. Request No. 2) Setbacks be established on 17th Place for buildings that will face 17th Place. Upon motion by Councilman B.Smith, seconded by Councilman Pinkley, and carried, the request was referred to the Planning Commission for their recommendation. Request Accept unimproved No. 3) That Lot B of Tract 659 be accepted as an unimproved alley in alley order to provide an outlet to 17th Street. The Council felt that at this time they could not accept an unimproved alley. Bldg. Mvg. 247 Application for Building Moving Application No. 247, being the appli- Brown cation of Lewis K. Brown, 235 22nd Street, Costa Mesa, to move a garage from 2155 Fairview Road, Costa Mesa to 236 Camellia Lane was presented together with the recommendation of the Planning Commission for approval subject to the posting of a $1,000.00 bond and all the requirements of the Building Safety Department. Upon motion by Councilman B.Smith, seconded by Councilman Rea, and carried, the Council ratified the action of the Planning Commission. Councilman B.Smith, and carried, with Councilman J.Smith voting noe, ORDINANCE NO. 248 that first reading be given to Ordinance No. 248, being AN ORDINANCE lst reading OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING.ORDINANCE NO. 32 TO Cl -A zone PROVIDE FOR A NEW ZONE AND SETTING FORTH THE REGULATIONS THEREOF. Thereupon it was moved by Councilman Pinkley, seconded by Referred to Plan. Councilman Meyers, and carried, that the Planning Commission be re - Comm. to rezone quested to initiate the proceedings to rezone East 17th Street into To C1 -A a Cl -A zone. Thereupon the Attorney stated that it was a legal ruling that Ruling on proceed- as of the action of the City Council giving first reading to Ordinance ings No. 248 that no one in that area can get a permit inconsistent with the Cl -A use. Rezone Pet. 69 The Clerk presented Rezone Petition No. 69, being the petition of Forbes- Robert Forbes and George S. Fruehling, and stated that all the neces- Fruehling sary papers had been received. Thereupon it was moved by Counciliman Pinkley, seconded by Councilman Meyers, and carried, that Ordinance ORDINANCE NO. 249 No. 249, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA 1st reading MESA AMENDING SECTION 3.2 OF ARTICLE III OF ORDINANCE NO. 32 OF SAID CITY CHANGING THE ZONING OF A PORTION OF LOT 231 OF THE NEWPORT HEIGHTS TRACT FROM R4 TO R2, be given first reading. Robinson -Right of The request of George L. Robinson, 2553 Greenbriar Lane, Costa Mesa, Way, Newport Blve. for a deviation in the dedication for street purposes as required in Ordinance No. 209, was presented, having been deferred from the meet ing of Junel, 1959• After discussion it was moved by Councilman B. Smith, seconded by Councilman Rei, and carried, that the action of the Planning Commission -be ratified. Thereupon it was moved by Councilman B.Smith, seconded by Councilman J.Smith, that a right of way deed dated May 22, 1959, for that certain street known as Newport Boulevard from George L. Robinson, Sr., be accepted and ordered placed on record. The motion carried by the following roll call vote: AYES: Councilmen B.Smith, Rea, Meyers, Pinkley, J.Smith NOES: Councilmen - None ABSENT: Councilmen - None Rezone Pet. 48 Hundley The Clerk presented Rezone Petition No. 48, of John Hundley, having been deferred from the meeting of June 1, 1959, together with a Deferred to request for an extension of 120 days, from the applicant. There - 10/20/59 upon it was moved by Councilman Pinkley, seconded by Councilman Meyers, and carried, that the request of the applicant for a 120 day extension be granted to the Council meeting of October 20, 1959. The Mayor declared a five minute recess and the meeting reconvened at 9:05 p.m.. Request for abandon- Communications were presented from E. H. Gardner, John M. Russon, ment of sidewalks President of Mesa Manor, Inc., Paul Barto,. Peggy J. Daniel, and referred to Plan. Evelyn L. Altland, requesting abandonment of a walkway between Lots 11 Comm. and 12, Tract No. 2947, located from Raleigh to Pomona Avenues. After discussion it was moved by Councilman B.Smith, seconded by Council- man Pinkley, and carried that the communications be referred to the Planning Commission for their recommendation. Scottco, Inc. A communication was presented from Roger Watson, Scottco Inc., 275 Accept 17th P1. as Santa Isabel with three requests: 1) Acceptance of 17th Place, as public.street a City Street (30 ft. wide, and paved.). The City Engineer informed the Council that the portion of 17th Place that is a part of the new tract has not yet been completed and recommended that it be accepted Request setbacks as a whole when it is finished. Request No. 2) Setbacks be established on 17th Place for buildings that will face 17th Place. Upon motion by Councilman B.Smith, seconded by Councilman Pinkley, and carried, the request was referred to the Planning Commission for their recommendation. Request Accept unimproved No. 3) That Lot B of Tract 659 be accepted as an unimproved alley in alley order to provide an outlet to 17th Street. The Council felt that at this time they could not accept an unimproved alley. Bldg. Mvg. 247 Application for Building Moving Application No. 247, being the appli- Brown cation of Lewis K. Brown, 235 22nd Street, Costa Mesa, to move a garage from 2155 Fairview Road, Costa Mesa to 236 Camellia Lane was presented together with the recommendation of the Planning Commission for approval subject to the posting of a $1,000.00 bond and all the requirements of the Building Safety Department. Upon motion by Councilman B.Smith, seconded by Councilman Rea, and carried, the Council ratified the action of the Planning Commission. 1-012 Bldg. Mvg. 250 _ Application for Building Moving Application No. 250, being the appli- Stahr cation of George Stahr, 2120 Harbor Blvd, to move a garage from 2283 Newport Blvd., to the rear of 2120 Harbor Blvd., was presented, together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) The posting of a $5,000 bond. 2) All the requirements of the Building Safety Department. 3) Dedica- tion to the City of Costa Mesa for future alley purposes of 20 ft. along the rear of this property. Mr. George Stahr, Jr. was present and re- quested the deletion of items No. 3 and 4., inasmuch as if the 10 ft. was dedicated along Harbor Blvd., it would put the street right adja- cent to the store and they were not in favor of the alley and felt they could not dedicate at this time. After discussion it was moved by Councilman Pinkley, seconded by Councilman B.Smith, and carried that the application be granted subject to the recommendations of the Planning Commission wtth.the deletion of requirement nos. 3 and 4. Tentative Tract 3458 Tentative Tract Map No. 3458 of William H. and John R. Myers, 339 Myers Lawson Place, Glendale 2, California, to divide the West 1/2 of the East 1/2 of Lot 45, Fairview Farms, located north of Wilson Street, on the West side of Pomona, into seven lots, was presented, together with the recommendation of the Planning Commission for approval sub- ject to all the requirements of the City Engineer, dated June 3, 1959• Upon -motion by Councilman B.Smith, seconded by.Councilman Meyers, and carried, the action of the Planning Commission was upheld. Tentative Tract Maps Nos. 2783, 2998 and 3380 for the Mesa Verde Development Co., 1300 Westcliff Drive, Newport Beach, to divide property located westerly of Harbor Blvd., so. of Gisler and north of Adams into 632 lots was presented, together with the recommenda- tion of the,Planning Commission for approval of Tentative Maps Nos. 2783, 2998, and 3380, revised -June 4,.1959,'subject to all the require- ments of the City Enginer, dated June.8, 1959 Upon motion by Councilman B.Smith, seconded by Councilman Pinkley, the maps were approved as recommended subject to annexation to the City of Costa Mesa. Public Hearing set The request of the Planning Commission for adoption of an Ordinance for alley between to establish building setback lines between Hamilton and Victoria Hamilton & Victoria running parallel on the east of Harbor Blvd. Upon motion by Council - E. of Harbor man Pinkley, seconded by Councilman Meyers, and carried, public hearing was set for July 6, 1959, at the hour of 7:30 o'clock p.m. or as; soon thereafter as possible in the Council chambers. Public Hearing set The request of the Planning Commission for an Ordinance establishing for setbacks in Building setback lines in Tract No. 3363,,for the Mesa Verde Develop - Tract 3363 ment Company was presented. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried, public hearing was set for July 6, 1959, at the -hour of 7:30 o'clock p.m. or as soon thereafter as pos- sible in the Council Chambers. Abandonment of Drain- The request of the Jennings Halderman::Co:,,for.abandonment_of a:drainage age easement - easement in Tract 3363, and relocation, -was presented. Upon motion Tract 3363, set for by Councilman Pinkley, seconded by Councilman Rea, and carried, Ordi- public hearing nance No. 250 was presented, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA DECLARING ITS INTENTION TO ORDER THE VACA- ORDINANCE NO. 250 TION OF A, -RIGHT OF WAY.FOR DRAINAGE PURPOSES IN PORTIONS OF LOTS 155 AND 156 OF TRACT NO. 3363 IN SAID CITY, setting the hearing on July 6, 1959 at 7:30 o'clock p.m. Upon motion by Councilman B.Smith Ordinance No. 250 was adopted. The motion was seconded by Councilman Pinkley, and carried by the following roll call vote: AYES:. Councilmen Rea, B.Smith, Meyers, Pinkley, J.Smith NOES: Councilmen - None ABSENT: Councilmen - None Right of Way Deeds Upon motion by Councilman.B.Smith, seconded by Councilman Pinkley, right of way deed from Opti -Investment Co. for that certain street known as College Avenue and that certain street known as Avocado Street, dated June 2, 1959, was received and ordered placed on record by the following roll call vote: AYES: Councilmen Rea, B.Smith, Meyers,'Pinkley, J.Smith NOES: Councilmen - None ABSENT: Councilmen - None Upon motion by Councilman B.Smith, seconded by Councilman Pinkley, right of way deed from Guy 0. and Jessie 0. Beem for that certain alley in Tract 612 dated June 2, 1959, was received and ordered placed on record by the following roll call vote: Variance 626 Variance application No. 626., being the application of John L. Buller Buller, 250 Hanover Drive, to permit a 3.00 ft. encroachment into the required rear yard setback (22' from rear line) for additional units at 2364 Elden Avenue, was presented together with the recom- mendation of the Planning Commission for approval subject to the two for one off-street parking ratio under the direction of the Director of Planning. Upon motion by Councilman B.Smith, seconded by Council- man Meyers, and carried, the Council concurred with the action of the Planning Commission. Variance 627 Variance application No. 627, being the application of Signal Oil Signal Oil Co. Company, 6600 -Stanford Avenue, Los Angeles, to permit a 10 ft. encroach- ment into the rq.quired front yard setback of 50 ft. from the center line of Del Mar for pump islands located on the northeast corner of Newport Blvd., and Del Mar Avenue, was presented together with the recommendation of the Planning Commission for approval subject to the following stipulations: 1) A dedication of a spandrel on the northeast corner of NewportBlvd. and Del Mar Avenue as required by the Engineering Department. 2) The installation of improvements as required by the Engineering Department on Del Mar Avenue, including AYES: Councilmen Rea, B.Smith, Meyers, Pinkley, J.Smith NOES: Councilmen - None ABSENT: Councilmen - None Upon motion by Councilman B.Smith, seconded by Councilman Pinkley, right of way deed from Eugene Dugas for that certain street known as Bay Street, dated June 4, 1959, was received and ordered placed on record by the following roll call vote: AYES: Councilmen Rea, B.Smith, Meyers, Pinkley, J.Smith NOES: Councilmen - None ABSENT: Councilmen - None Variance 489-A Variance application No. 489-A, being the application of Dike and Dike & Colegrove Colegrove, Inc. for continuance of a temporary sign to advertise the sale of homes in Tracts 2953, 2954, 2955, and 2822, located on the southwest corner of Baker and Fairview was presented together with the recommendation of the Planning Commission for approval for a period of one year, or until the homes are sold, whichever is sooner, and subject to the.requirements of the Building Safety Department. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and car- ried, the Council concurred with the action of the Planning Commission. Variance 623 Variance application No. 623, being the application of Fred G. Beck, Beck 436 Flower St., to permit six units on 12, 240 sq. ft. of land area, 3 units per lot, located on the -southwest corner of W. 18th Street and Anaheim, was presented together with the recommendation of the Planning Commission for denial because this -area is predominately single family residential, to allow this would tend to devaluate the existing RI in the area and would be setting.a precedent in that other property owners would make similar requests. The Clerk read a communication from Fred G. Beck requesting reconsideration of the Planning Commissions decision. Mr. Beck and Mr. Clyde Gates, broker, were present and requested reconsideration of the Planning Commissions decision. After discussion it was moved by Councilman B. Smith, seconded by Councilman Rea, and carried by a 4/1 vote with Council- man Pinkley voting Noe, that the action- of -the Planning Commission be upheld. Variance 625 Variance application No. 625, being the application of Robert C. Boyd Boyde, 240 Cabrillo St., to permit a commercial art studio in the home at 240 Cabrillo St. for a period of.three years, was presented together with the recommendation of the Planning Commission for approval for a period of one year subject to the following restric- tions: 1) No signs; 2) No employees; 3) No retail sales on the premises. Mr. Boyd was present and requested a variance for three years. The Council explained that on the first request only one year was granted-, and to renew would not cost;::. a fee. Thereupon it was moved by Councilman Meyers, seconded by Councilman Pinkley, and, carried, that the Variance be approved for one year subject to the conditions of the Planning Commission. Variance 626 Variance application No. 626., being the application of John L. Buller Buller, 250 Hanover Drive, to permit a 3.00 ft. encroachment into the required rear yard setback (22' from rear line) for additional units at 2364 Elden Avenue, was presented together with the recom- mendation of the Planning Commission for approval subject to the two for one off-street parking ratio under the direction of the Director of Planning. Upon motion by Councilman B.Smith, seconded by Council- man Meyers, and carried, the Council concurred with the action of the Planning Commission. Variance 627 Variance application No. 627, being the application of Signal Oil Signal Oil Co. Company, 6600 -Stanford Avenue, Los Angeles, to permit a 10 ft. encroach- ment into the rq.quired front yard setback of 50 ft. from the center line of Del Mar for pump islands located on the northeast corner of Newport Blvd., and Del Mar Avenue, was presented together with the recommendation of the Planning Commission for approval subject to the following stipulations: 1) A dedication of a spandrel on the northeast corner of NewportBlvd. and Del Mar Avenue as required by the Engineering Department. 2) The installation of improvements as required by the Engineering Department on Del Mar Avenue, including IL014 curbs, gutters, paving to existing pavement and commercial sidewalks under the direction of the City Engineer. 3) The same improvements should be included on Newport Blvd., upon receipt of permission from the California Division of highways. Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, and carried, the Council con- curred with the action of the Planning Commission. Variance No. 629 Variance application No. 629, being the application of William H. Myers Myers, 339 Lawson Place, Glendale, to permit a 5:00 ft. encroachment into the required 50 ft. front yard setback to center line of Street on Lots 1 through,7, Tract 3458 and a 2 ft. encroachment into the required rear yard setback on Lot 7, Tract 3458, located on the north side of Wilson on the west side of Pomona Avenue, was presented together with the recommendation of the Planning Commission for ap- proval with a 5 ft. encroachment into the required front yard set- back of 50 ft. from the center line,of the street on Lots 1 thm ugh 6, Tract 3458 and that a 3 ft. encroachment into the required rear be allowed on Lot 7; and that the applicat provide off-street park- ing at the ratio of two for.one on Lots 1 through 7, Tract 3458. Mr. Will -Jordan and Mr. Myers spoke in behalf of the application. Mr. Meyers requested deletion of the 2 for 1 parking requirement. After discussion it was moved by Councilman J.Smith, seconded by Councilman Meyers, and carried, that the action of the Planning Com- mission be upheld. Variance 630 Variance application No.630, being.the application of Foster C. Proctor Proctor, 159+9 Haldane, Whittier, to permit three units on 8,890 sq. ft. of land area, on the southwest corner of W. 20th Street and Wallace Avenue, was presented, together with:tathe.recommendation of the Planning Commission for approval subject to the two for one off-street parking ratio under the direction of the Director of Plan- ning and subject to the installation of residential sidewalks along Wallace and W. 20th Street under the direction of the City Engineer. Mr. Proctor was present and requested permission to install the side- walks after the completion of the improvement district. Thereupon it was moved by Councilman B.Smith, seconded by Councilman Pinkley, and carried, that the application be approved as recommended and a bond posted, amount to be established by the City Engineer, to cover in- stallation of sidewalks after completion of the Improvement District. Subdivision 251 Subdivision Application No. 251,_being the application of Dr. Leon Newman Newman, 3205 Century Blvd., South Gate, to divide a portion of Iot 7, Block D, Tract 612, into three parcels containing one sub -standard lot, was presented together with the recommendation of the Planning Commission for approval. Upon motion -by Councilman B.Smith, seconded by Councilman Rea, and carried, the action of the Planning Commission was upheld. PERMITS Upon motion by Councilman B.Smith, seconded by Councilman Meyers, and carried, -with Councilman Pinkley voting Noe, permit was granted to Foster and Kleiser Co. to. erect 2 double faced billboards and 1 single faced sign on the northwest corner of W. 19th Street and Meyer Avenue, replacing 5 signs removed elsewhere in the City. Upbn motion by Councilman B.Smith, seconded by Councilman Meyers, and carried, with.Councilma.n Pinkley voting noe, permit was granted to Century Sign Co. to erect a sign at 2772 Bristol Street, to advertise their own business. Councilman Pinkley requested the City Attorney to draft an ordinance regulating billboards in the City. Upon motion by Councilman B.Smith, seconded by Councilman Pinkley, and carried, permit,was granted to Mesa By Products, James A. Getchell for retail cement blocks, sheet metal fittings, new ard_ used at 2099 Placentia Avenue. Upon motion by Councilman B.Smith, seconded by Councilman Pinkley, and carried, permit was granted to Tattersall Wilkinson, for a vehicle - tool sharpening & key making, house to house. . Upon motion by Councilman Rea, seconded by Councilman Pinkley, and carried, permit was granted to Guido Castellani, for a vehicle -tool sharpening house to house. Upon motion by Councilman B.Smith, seconded by Councilman Pinkley, and carried, permit was granted to Bob Service, for a tool sharpening at business establishments only. 1 W. R. 176 Oral Communica- tions Variance 618 Kahre 1015 Upon motion by Councilman Pinkley, seconded by Councilman B.Smith, and carried, subject to approval of the Chief of Police, permit was granted to Autom&tic Games Co. for 2 amusement games at the Shamrock Cocktail Lounge at 182+ Newport. The application of Longbranch Fast Draw Club, 712 Weelo Drive, Costa Mesa, for a fire works stand at 1610 Newport Avenue. Question was raised as to whether the group was a non-profit organization. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried, with Councilman B.Smith voting Noe, the application was granted subject to the group submitting to the City Attorney docu- mentary evidence that they are a non-profit organization. Upon motion by Councilman Rea, seconded by Councilman Pinkley, and carried, with Coundilman B. Smith voting Noe the following fire works stands were granted: Optimist Club of Costa Mesa, Inc. @ 1590 Newport Blvd. Girls Club of the Harbor Area @ 2+90 Harbor Blvd. Knights of Columbus Council x+398 @ 2295 Harbor Blvd. C.M. Moose Lodge & B.S. Troop 185 @ 271 E. 17th Street Veterans of Foreign Wars, subject to receipt of the necessary appli- cation approved by Fire and Bldg. Depts. Kiwanis Club - Sea Scouts, subject to receipt of the necessary appli- cations approved by Fire and Bldg. Depts. Upon motion by Councilman Pinkley, seconded by Councilman Rea, and carried, the request_of the Vista Center Association for a loud speaker to advertise and give away a free prize was referred to the City Attorney and Chief of Police to work out the necessary hours, dates, and locations. Upon motion by Councilman Pinkley, seconded by Councilman J.Smith, Warrant Resolution No. 176, including Payroll No. 120 was approved by the,following roll call vote: AYES: Councilmen Rea, B.Smith, Meyers, Pinkley, J.Smith NOES: Councilmen - None ABSENT: Councilmen - None The Mayor inquired if there were anyone present wishing to speak on some item not on the agenda. Whereupon Mr. Martin Kahre, requested information regarding Variance No. 618 whereby he was requested to dedicate 20 ft. for street purposes along his westerly property line, and that an encroachment permit was granted. Inasmuch as there was a building in the dedication he requested who would pay for removal of the building if and when the street was widened. Thereupon it was moved by Councilman B.Smith, seconded by Councilman Pinkley, and carried, that the dedication to the City be received and if and when the street is improved the City of Improvement District will bear the cost -of removal. Water Planning Upon motion �y Councilman Pinkley, seconded by Councilman Meyers, the Committee Director of inance was authorized to pay to the Water Planning Committee 25¢ for each "meter owned by the City to cover the legal charges for combining the local water districts. The motion was carried by the following roll call vote: AXES: Councilmen Rea, B.Smith, Meyers, Pinkley, J.Smith NOES: Councilmen - None ABSENT: Councilmen - None Communications commending the Police Department were read from J. A. Thompson, Claims Manager, Orange County Insurance Agency and W. Thangjahn. Upon motion by Councilman Pinkley, seconded by Council- man Rea, and carried, the City Clerk was instructed to write a letter to the Police Department dommending them for their fine work. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried, Resolutions 59-122 and 59-145 from the City of Santa Ana regarding proposed annexations were received and ordered filed. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried the report of the A.B.C. for person to person transfer of off - sale beer and wine license for Minit Markets, 110 E. 19th Street was received and ordered filed. s Upon motion by Councilman Pinkley, seconded by Councilman J.Smith, and .carried, the communication from Leland M. Edwards, President, Costa Mesa Citizens Civic League concerning the budget was ordered referred to the Budget Committee. Sanitary District The Assistant City Manager presented the proposed budget for Budget Approved. management and operating the Costa Mesa Sanitary District for the 1959-60 year in the amount of $144,519.00, stating that it had been approved by the Board of Directors of the Costa Mesa Sanitary District on May.21, 1959• Thereupon it was moved by Councilman Rea, seconded by Councilman Pinkley, and carried, that the budget be approved._ Adjournment Upon motion by Councilman Pinkley, seconded by Councilman B.Smith, andcarried, the meeting wqs adjourned at 11:35 p.m. to June 29, 1959• Ma of the City of Costa Mesa ATTEST: ; City Clerkof the City f Crista Mesa By (�--� Chief Deputy . 1 i�