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HomeMy WebLinkAbout08/03/1959 - City CouncilTj�1P REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA. MESA August 3, 1959 The City Council of the City of Costa Mesa met in regular session at 7:30 o'clock p.m., August 3, 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 Hardy. ROLL CALL Councilmen Present: Rea, Meyers, J. Smith Councilmen Absent: Pinkley, B. Smith Officials Present: City Manager, Asst. City Manager, City Attorney, City Engineer, Director of Finance, Chief Deputy City Clerk. Minutes Upon motion by Councilman Meyers, seconded by Councilman Rea, and carried, the minutes of the regular meeting of July 20195), were approved as written and previously distributed. Upon motion. by Councilman Rea, seconded by Councilman Meyers, and carried, the minutes of the special meeting.of August 1, 1959, were approved as written and previously distributed. Upon motion by Councilman Meyers, seconded by Councilman Rea, and carried, the minutes of the special adjourned meeting of August 3, 1959, were approved as written and previously distributed. Councilman Pinkley entered the chambers and took his seat on the Council. OPENING OF BIDS The Mayor announced that this was the time and place set for the opening Group Insurance of bids for Group Life and Health Insurance Program for the Benefit of City Employees. The Clerk reported that 20 bids had been received. The bids were then publicly opened and declared as follows: Northwestern National Life Insurance Company - Group Manager C. A. Mehl Independence Life Insurance Company of America - Dir: of Group Sales, Robert L. Bevis Continental Assurance Company - Regional Manager, H. M. Berg Business Men's Assurance of America - V. Pres., C., M: Barricklow The Crown Life Insurance Company for R. L. Waybourn, Pacific Group Agencies, L. Porter Hendricks, C. Irl Greer The Crown Life Insurance Compahy-for John W. Donohue & Assoc. Intercoast Mutual Life Insurance Company for Pacific Group Agency. Pacific Mutual Life Insurance Company - Home Office Representative, J. Tetlie, Jr. Mutual of New York, for Bruce Martin and William A. Smith Occidental Life Insurance Company - Supervisor R. A. Rush Aetna Life Insurance Company - Donald H. Landwehr North American Life and Casualty Company - Regional Group Supervisor, C. E . .Lapp, Jr. Great -West Life Assurance Company for MacKay, Townsend and Dike Blue Cross- District Supervisor Robert A. Belisle CPS Blue Shield - District Manager, R. C. LeMieux CPS Blue Shield for-L:Porter Hendricks The Equitable Life Assurance Society for the U. S. - Asst. Group Manager, Arthur R. Fry Standard Insurance Company for Pacific Group Agency, Inc. CPS Blue Shield for Pacific Group Agency, Inc. Central Standard Life Insurance Company.for Pacific Group Agency, Inc. Communications were also read from Costa Mesa Insurance Agents, Inc. and William A. Smith - Bruce W. Martin, requesting broker ofrecord and agent of record, respectively. Upon motion by Councilman Rea, seconded by Councilman Pinkley, and carried, the bids were referred to the City Manager for check and report back at the next meeting on August 17,.1959• PUBLIC HEARING The Mayor announced that the hour of 7:30 o'clock p.m., having arrived this Rezone 77 was the time and place fixed by the City Council of the City of Costa Mesa, Co -Jay Corp. for public hearing of Rezone Petition -No. 77, and declared the hearing open. a' X The Clerk presented Rezone Petition No. 77, being the petition of Co -Jay Corporation, 2120 Placentia Avenue, to permit the rezoning from M1 -A, to Cl, property described as the North 2 of the West 2 of Lot 36, Tract 9, located on the Southeast corner of Placentia Avenue and Victoria Street, together with the recommendation of the Planning Commission for approval provided that, prior to action by the City Council, there be submitted to the City Clerk, City of Costa Mesa, the following: 1) An Agreement under the direction of the City Attorney, that the 135 ft. along Victoria Street and the 135 feet along Placentia Avenue will not be developed until 50 percent of the commercial buildings, on the remainder of the land being rezoned to Cl, are under construction. The Clerk then read communications from Minit Markets Inc., Trans - Western Paint Corporation, stating they would negotiate for businesses in this area. A communication was also read from Earl F. Spangler, President, Co -Jay Corporation agreeing to the recommendation of the Planning Commission. There being no further written communications, the Mayor 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 public hearing be closed. After discussion it was moved by Councilman Rea, seconded by Councilman Meyers, and carried, that Rezone Petition No. 77 be approved and that the recommenda=tions of the Planning Commission be deleted. ORDINANCE 253 Ordinance No. 253, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY lst reading 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 36, TRACT NO. 9, FROM Ml -A TO Cl, was given first reading, and passed to second reading, upon motion by Councilman Pinkley, seconded by Councilman Rea, and carried. PUBLIC HEARING The Mayor announced that -this was the time and place set for the continu- continued ation of the Public Hearing on Rezone Petition No. 75, being the petition Rezone 75 - Betzof Lyman B. Betz, 821 Havenhurst Point, Lo Jolla, to rezone from Al to Rl, and C1 - property located on the North side of Baker Street exten- ding 205 feet northerly of the center line of Baker Street, from Harbor Boulevard to College Avenue. The Clerk read the recommendation of the Planning Commission for approval subject to the following amendments: 1) From Al to Rl, the parcel shown on the map as proposed R2, being a parcel 130.32 feet x 255.26 feet and located on the West side of College Avenue across from Galway Lane. 2) From Al to P1, the parcel located on the northwest corner of Baker Street and College Avenue with 202.59' along College Avenue and 150 feet along Baker Street. 3) The balance of the property facing Baker Street, with a depth of 165 feet, to be rezoned from Al to Cl. Provided that prior to action by the City Council that there be submitted to the City Clerk an Agreement to dedicate all vehicular ingress and egress to the City of Costa Mesa for a distance of 242.59 feet north of the center line of Baker Street and for a distance of 180 feet west of the center line of College Avenue with the balance (the Westerly 536.31 feet along Baker Street), the ingress and egress is to the approval of the City Engineer. The Clerk reported that no written communications had been received. Thereupon the Mayor inquired if there were anyone present wishing to speak. Mr. Rod Lippold, Attorney for Mr. Betz, then requested that Variance 616 Variance No. 616 be considered at the same time. The Council so agreed Betz and the Clerk presented Variance No. 616, being the application of Lyman B. Betz, 821 Havenhurst Point, La Jolla, to permit use of property for a trailer park, located on the northeasterly corner of Harbor Boulevard and Baker Street, and between Harbor and College, approximately 165 feet northerly of Baker Street, together with the recommendation of the Plan- ning Commission dated July 27, 1959, for approval subject to the follow- ing: 1) That the entire Trailer Park be encompassed by a 6 foot high masonry block wall. 2) Dedication of all land 50.00 feet.from the center line of Baker Street to the City of Costa Mesa for future widening of Baker Street and improved, under the direction of the - City Engineer, with curbs, gutters, paving to existing paving, sidewalks and street lights. 3) Dedication to the City of Costa Mesa of 30.00 feet along the entire Northerly property line and improvements to be installed when the right of way to Harbor Boulevard is acquired, these improvements to be installed under the direction of the City Engineer and to include curbs, gutter, paving, sidewalks and street lights. 4) There shall be -noexit in the P zone for the 150 feet along College Avenue and the 150 feet along Baker Street. 5) There shall be one exit in the C zone. 6) The locations and improvements of the ingress and egress to the Trailer Park on Baker Street shall be under the 1 ORDINANCE 256The Clerk read in full the proposed ordinance amending Section 3 of Change of Ordinance 110 regarding floor height elevation of structures being floor height built in the City. Upon motion by -Councilman Pinkley, seconded by Council - elevation man Rea, and carried, Ordinance No. 256, being AN ORDINANCE OF THE CITY lst reading OF COSTA MESA, CALIFORNIA AMENDING SECTION -3 OF ORDINANCE NO. 110 OF SAID CITY, was -given lst reading and passed to second. City Engineer The City Engineer presented the final map of Tract 3+58, submitted in Final Tr. name of William H. and John R. Myers, to subdivide property located north 3+58 Myers of Wilson Street. on the West side of Pomona into 7 lots, together with a certified check in the amount of $502.91, a bond in the amount of $1,800:00 and signed agreement. Thereupon Resolution No. 632, being -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE MAP OF TRACT NO. 3+58 AND AC- CEPTING THE STREETS AND ALLEYS SHOWN THEREON FOR PUBLIC USE FOR HIGH- WAY PURPOSES AND AUTHORIZING THE CITY CLERK TO SIGN SAID MAP AND AUTHOR- IZING THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT, was presented. It was moved by Councilman Pinkley, seconded by Councilman Rea, that Reso- lution No. 632 be adopted. The motion carried by the following roll direction of the City Engineer, as outlined in the Traffic Study prepared by the Planning Department, dated July 27, 1959, and attached to the application. 7) Subject to the possible street development plan dated July 27, -1.959, . prepared by the Planning Department and attached to this application. 8) There shall be a Break -away Gate facing Baker Street, to be worked out between the City Engineer, the Police Chief, and the applicant._ Thereupon Mr. Rod Lippold discussed several points with the Council concerning the fence, dedications and openings. No one else desiring to speak on the rezone it was moved by Councilman Pinkley, seconded by Councilman Rea, and carried that the public ORDINANCE 255 hearing be closed. Ordinance No. 255, being AN ORDINANCE -OF THE Rezone 75 CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTION 3.2 OF Betz - lst ARTICLE III OF ORDINANCE N0. 32 OF SAID CITY CHANGING THE ZONING reading OF CERTAIN PARCELS OF LAND LYING NORTHERLY OF.BAKER STREET, BE- T[,TEEN HARBOR BOULEVARD AND COLLEGE -AVENUE, FROM Al TO R1, P1, AND C1 was given first reading and passed to second reading upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried. Variance 616 Upon motion by Councilman Pinkley, seconded by Councilman Meyers, Betz - approv- and carried, Variance No. 616 was approved subject to the recommend- ed ations of the Planning Commission except as follows: Requirement No. 1) That the entire -trailer park beencompassed with a 6 foot high solid masonry block wall, except the northerly property line which line will be enclosed by a fence of 6 feet in height. Requirement No. 2) Dedi- cation of all land 50.00 feet from the center line of Baker Street in the Cl zone, to the City of Costa Mesa for future widening of Baker Street and improved,under the direction of the City Engineer, with curbs, gutters, paving to existing paving, sidewalks and street lights. Requirement No. 3) Dedication to the City of Costa Mesa of 30.00 feet along the entire Northerly property line and a written agreement, to be recorded, that improvements will be installed when the right of way to Harbor Boulevard is acquired, these improvements to be installed under the direction of the City Engineer and to include curbs, gutters, paving, sidewalks and street lights. Additional requirement No. 9) This Vari- ance shall be effective upon the fullfillment of the conditions by the applicant. REPORTS The Clerk read in full the proposed ordinance to prohibit the sale of City Attorney fireworks in the City of Costa Mesa. Thereupon Mr. Joe Phillips, 2089 Fireworks Harbor Boulevard, requested that the Council defer action until such time Ordinance that all parties who sold the fireworks as non-profit organizations could meet and discuss the proposal. After discussion it was moved by ORDINANCE 257Councilman Pinkley, seconded by Councilman Meyers, and carried that lst Prohibiting reading be given to Ordinance No. 257, being AN ORDINANCE OF THE CITY sale - lst OF COSTA MESA, CALIFORNIA, PROHIBITING THE SALE OF FIREWORKS AND REPEAL - reading ING ORDINANCE N0. 180. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Letter of Meyers, and carried, -that the City Clerk be instructed to send a letter notifica- to all organizations who had a permit the past two years that first tion to reading had been given to the Ordinance and second reading would be on organiza- the agenda of the September 8, 1959, meeting, thereby allowing all inter - tions ested parties to be present. ORDINANCE 256The Clerk read in full the proposed ordinance amending Section 3 of Change of Ordinance 110 regarding floor height elevation of structures being floor height built in the City. Upon motion by -Councilman Pinkley, seconded by Council - elevation man Rea, and carried, Ordinance No. 256, being AN ORDINANCE OF THE CITY lst reading OF COSTA MESA, CALIFORNIA AMENDING SECTION -3 OF ORDINANCE NO. 110 OF SAID CITY, was -given lst reading and passed to second. City Engineer The City Engineer presented the final map of Tract 3+58, submitted in Final Tr. name of William H. and John R. Myers, to subdivide property located north 3+58 Myers of Wilson Street. on the West side of Pomona into 7 lots, together with a certified check in the amount of $502.91, a bond in the amount of $1,800:00 and signed agreement. Thereupon Resolution No. 632, being -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE MAP OF TRACT NO. 3+58 AND AC- CEPTING THE STREETS AND ALLEYS SHOWN THEREON FOR PUBLIC USE FOR HIGH- WAY PURPOSES AND AUTHORIZING THE CITY CLERK TO SIGN SAID MAP AND AUTHOR- IZING THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT, was presented. It was moved by Councilman Pinkley, seconded by Councilman Rea, that Reso- lution No. 632 be adopted. The motion carried by the following roll _a '4 call vote: AYES: Councilmen: Rea, Meyers, J. Smith, Pinkley NOES: Councilmen - None ABSENT: Councilmen: B. Smith Bond exon- Upon the recommendation of the City Engineer, and upon motion by eration Councilman Pinkley, seconded by Councilman Meyers, the Council Tr. 2023 accepted the improvements in Tract No. 2023, which have been completed in accordance with plans and specifications, and ordered the bond exonerated. The motion carried by the following roll call vote: AYES: Councilmen: Rea,.Meyers, J. Smith, Pinkley NOES: Councilmen:.. None ABSENT: Councilmen: B. Smith Bond exon- Upon the recommendation of the City Engineer, and upon motion by --eration Councilman Pinkley, seconded by Councilman Rea, the Council Tr. 2215 accepted the improvements in Tract No. 2215 which have been com- pleted in accordance with plans and specifications and ordered the, bond exonerated. The motion carried by the following roll call vote: AYES: Councilmen: Rea, Meyers; J. Smith, Pinkley . NOES: Councilmen - None ABSENT: Councilmen: B. Smith Departmental Report was read from the Traffic Commission regarding the request Traffic Com.of Mrs. R. W. Coleman and others, for a four-way stop at Monrovia .4 -way stop and West 19th Street, stating that it was their recommendation that Monrovia - the Police Department make a study and survey of this problem and West 19th that said study is to be made upon completion of the improvement district when traffic conditions will be restored to normal, as this will tend to make the study more accurate and present a true picture of the problem. The Attorney inquired of the Chief of Police whether there had -been a determination made that this was an immediate hazard. The Chief reported that it was felt that no immediate hazard existed, and that this intersection was heavy only at peak hours. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Rea, and carried, that the City Clerk direct a:,letter to Mrs. Coleman informing her of the action of the Traffic Commission. Refund A communication was read from Raymond H. Swenteck, President Swenteck Construction Company, Inc., requesting refund on Building Permit No. 956+ in Tract No. 346o, inasmuch as the permit would not be used, to- gether with the recommendation of the Building Official for an 85 per- cent refund of the $47.00 fee or an amount of $39.95• Upon motion by Councilman Pinkley, seconded by Councilman Meyers, refund of $39.95 was granted, by the following roll call vote: AYES: Councilmen: Rea, Meyers, J. Smith, Pinkley NOES: Councilmen - None ABSENT: Councilmen: B. Smith Depart- Upon motion by Councilman Rea, seconded by Councilman Pinkley, and mental carried, the monthly reports for July for Poundmaster, Civil Defense, Monthly Planning, Fire, Street, Building, and Director of Finance for 4 free permits were received and ordered filed. ORDINANCE 252 Upon motion by Councilman Pinkley, seconded by Councilman Rea, and Rezone 77 carried, Ordinance No. 252, being AN ORDINANCE OF THE CITY COUNCIL Longstreth OF THE CITY OF COSTA MESA AMENDING SECTION 3.2 OF ARTICLE III OR 2nd Reading ORDINANCE NO. 32 OF SAID CITY CHANGING THE ZONING OF A PORTION OF LOT 503, NEWPORT MESA TRACT, FROM R4 TO R2, was given second reading. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, Ordinance No. 252, was adopted by the following roll call vote: AYES: Councilmen: Rea, Meyers, J. Smith, Pinkley NOES: Councilmen - None ABSENT: Councilmen B. Smith ORDINANCE 254 The Clerk presented Ordinance No. 254, for second reading. He then Irvine Avenue read communications from R. J. Garnaus, President, Harbor Highlands one-way street Assn., a petition from the Baycrest Homeowners Assn., and Paul H. 2nd reading Rodet, 1612 Irvine Avenue, requesting deferral of second reading as they sere opposed to creating the service road into a one-way street on Newport Beach side, and if the Council made Costa Mesa's said a one - 1 1 1 0V way street it would automatically create the Newport Beach's side into a one-way street. Thereupon.the:.following spoke from the floor: Mr. Paul McClary, 1606 Irvine Avenue, Mr. Paul Rodet, both in opposition. The Attorney informed the Council that this street had been on the Master Plan of the County of Orange for a number of years, and even though the Council created Irvine a one-way street, it would not become one until such time as they directed the Chief of Police to erect signs indicating -such. After further discussion it was moved by Councilman Meyers, seconded by Councilman Pinkley, and carried, that Ordinance No. 254, being AN.ORDINANCE OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING ORDINANCE N0. 44 TO MAKE A PORTION OF IRVINE AVENUE A ONE-WAY STREET, be given second reading. Thereupon it was moved by Councilman Meyers, seconded by Councilman Pinkley,-that Ordinance No. 254 be adopted. The motion carried by the following.roll call vote: AYES: Councilmen: Rea, Pinkley, J. Smith, Meyers NOES: Councilmen - None ABSENT: Councilmen: B. Smith The Mayor declared a five minute recess and the meeting reconvened at 9:20 p.m. ORDINANCE 258 The.Clerk presented the proposed Ordinance increasing Liability In - Liability surance for taxicabs and motor buses and the drivers thereof, having Insurance been deferred from the meeting of July 20.. After discussion it was lst reading moved by Councilman Pinkl.ey, . seconded by Councilman Rea, and carried, that first reading be given to Ordinance No. 258, being AN ORDINANCE OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING ORDINANCE N0. 63, REG- ULATING AND LICENSING TAXICABS AND MOTOR BUSES AND THE DRIVERS THEREOF. Bonelli Plan The Clerk presented the request of Frank G. Bonelli, Chairman, County for reappor- of Los Angeles, Board of Supervisors concerning reapportionment of tionment of the State Senate, having been deferred from the meeting of July 20, State Senate -1959, to permit study. The Clerk also noted that the California League of Cities requested no action on the reapportionment. After discussion it was moved by Councilman Meyers, seconded by Councilman Rea, and carried, that the communication be received and ordered filed. Building Mvg. Application for.Building.Moving Permit No..262, being the application 262 of Ellis E. Porter, 396 Meadow Lane, Costa Mesa, to move a commercial Porter building from 2025 Newport Avenue to 1955 Newport Avenue, was pre- sented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) Dedication to the City of.Costa Mesa of 39 feet along the -northerly property line for proposed street purposes and, if the proposed street pattern is not adopted, this dedication is to be returned to Mr. Porter. 2) The posting of a $10,000.00 bond, 3) All.the requirements of the Building Safety Department. Mr. Porter was present to discuss his application, and request further information on the dedication. The Attorney in- formed the'Council that the dedication could not be returned unless a public hearing would be held -on a vacation. After further discus- sion it was moved by Councilman Rea, seconded by Councilman Pinkley, that the application be approved subject to -6,11 the recommendations of -the Planning Commission with the exception of Item No. 1 which should read: 1) Dedication to the City of Costa Mesa of 38 feet along the north side of the property for proposed street purposes, with the exception of Lot A. consisting of one foot on the northerly boundary to be dedicated upon the completion of the proposed Street Pattern. Building Mvg. Application for Building Moving Permit No. 263, being the application 263 of Clyde W. and Valerie A. Becker, 226 E. 21st Street, Costa Mesa, Becker to move a residence from 18116 E. 1st Street,Tustin, to 226 E. 21st Street, was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) Posting of a $5,000.00 bona,. 2) All the requirements of the Department of Building Safety. 3) That the applicants provide two for one off- street parking ratio under the direction of the Director of Planning. 4) That 21st Street be improved -with curbs, gutters, paving to exist- ing pavement and 4 feet residential sidewalks in front of his property, under the direction of the City Engineer. Mr. Becker was present in behalf of his application. After discussion it was moved by Councilman Rea, seconded by Councilman Pinkley, and carried, that the application be approved subject to the recommendations of the Planning Commission v7ith the exception of Requirement No. 4 which should read: 4) A posting 0 �." of a bond, the amount to be determined by the City Engineer, for the installation of 4 foot residential sidewalks in front of the property under the direction of the City Engineer. Del- etion of the requirement of the curbs, gutters and pavement inas- much as this area is in a 1911 Act Improvement District soon to be started. Tent. Tr. 3191 Tentative Map,Tract No. 3191, being the -tract of William Garvey, Garvey 15200 Car-retera Drive, Whittier, California, to divide property located on the North side of.Wilson Street, at Miner into 12 lots, was presented together with the recommendation of the Planning Com- mission for approval subject to the requirements of the City En- gineer dated July 27, 1959. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried, Tentative'Tract 3191, was approved as recommended by the Planning Commission. RESOLUTION 633 Upon motion by Councilman Pinkley, seconded by Councilman Meyers, Confirming re- Resolution No. 633, being A RESOLUTION OF THE CITY COUNCIL OF THE port on weed CITY OF COSTA MESA APPROVING AND CONFIRMING THE REPORT OF THE abatement STREET SUPERINTENDENT SHOWING THE COST OF REMOVING THE WEEDS., RUBBISH, REFUSE OR DIRT ON OR IN FRONT OF EACH SEPARATE PARCEL OF LAND IN THE CITY OF COSTA MESA, was adopted by the following -roll call vote: AYES: Councilmen: Rea, Pinkley, Meyers, J. Smith NOES: Councilmen - None ABSENT: Councilmen: B. Smith RESOLUTION 634 The Clerk presented the request of Raymond H. Swentek, President, Gisler No. 5 Swentek Construction Company, Inc., for annexation of a portion of Annexation block E of Fairview to the City of Costa Mesa, and stated that the Orange County Boundary Commission had approved the annexation as to the definiteness of the boundaries. Thereupon it was moved by council- man Pinkley, seconded by Councilman.Rea, that Resolution No. 634, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA OF INTENTION TO ANNEX A CERTAIN UNINHABITED AREA DESIGNATED AS "GISLER NO. 5 ANNEXATION",' AND GIVING NOTICE THEREOF, be adopted by the following roll call vote: AYES: Councilmen: Rea, Pinkley, Meyers, J. Smith NOES: Councilmen - None ABSENT: Councilmen: B. Smith Sets.hearing September 8, 1959. Public Hear- Upon motion by Councilman Pinkley, seconded by Councilman Meyers, ing Set and carried, Public Hearing for Rezone Petition No. 78, Amended, Rezone Pet- initiated by the Costa Mesa Planning Commission, to rezone from ition 78 R1+ to R1 property located between Orange Avenue and Santa Ana Avenue Init. by and between 23rd Street and Santa Isabel, was set for Monday, August Plan. Comm. 17, 1959, at the hour of 7:30 o'clock p.m. or as soon thereafter as possible, in the Council Chambers. Right of Way Upon motion by Councilman Pinkley,seconded by Councilman Rea, a right Deeds of way deed dated July 14, 1959, from Lincoln Savings and Loan Assn. for a drainage easement in Tract 3363, was approved and ordered placed on record by the following roll call vote: AYES: Councilmen: Rea, Pinkley, Meyers, J. Smith NOES: Councilmen - None ABSENT: Councilmen: B. Smith Upon motion by Councilman Pinkley, seconded by Councilman Rea, a right of way deed dated June 22, 1959, from Gladys B. and Hazel G. Bebermeyer, for that certain street known as Harbor Boulevard, was received and ordered placed on record by the following roll call vote: AYES: Councilmen: Rea, Pinkley, Meyers, J.Smith NOES: Councilmen - None ABSENT: Councilmen: B. Smith Upon motion by Councilman Pinkley,,seconded by Councilman Rea, a right of way deed dated July 24, 1959, from Keith Snyder, for that certain street known. as Harbor Boulevard, was received and ordered placed on record by the following roll call vote: AYES: Councilmen: Rea, Pinkley, Meyers, J. Smith NOES: Councilmen - None ABSENT: Councilmen: B. Smith Upon motion by Councilman Pinkley, seconded by Councilman Rea, a deed of right of way dated July 21, 1959, from Jerry F. Longstreth for that certain proposed street south of Center and. East of Pomona, was received and ordered placed on record by the following roll call vote: AYES: Councilmen: Rea, Pinkley, Meyers, J. Smith NOES: Councilmen - None ABSENT: Councilmen: B. Smith Upon motion by Councilman Pinkley, seconded by Councilman Rea, a right of way deed dated July 30, 1959, from Conrad A. B. Thater, for that certain street known as Orange Avenue, was received and ordered placed on record by the following roll call vote: AYBS: Councilmen: Rea, Pinkley, Meyers, J'. Smith NOES: Councilmen - None ABSENT: Councilmen: B. Smith Upon motion by Councilman Pinkley, seconded by Councilman Rea, a deed of right of way dated July 30, 1959, from John R. and Edna Baker for that certain street known as Elderi Avenue, was received and ordered placed on record by the following roll call vote: AYES: Councilmen: Rea, Pinkley, Meyers, J. Smith NOES: Councilmen - None ABSENT: Councilmen: B. Smith Maple Street A request was read from the Planning Commission for an indication from extension the City Council whether or not it is desirous of the proposed street between Hamil- extension (Maple Street from Hamilton to Victoria). After discussion ton and Vic- it was moved by Councilman Pinkley, seconded by Councilman Rea, and toria carried, that the Planning Commission be instructed to proceed further with the study of this opening of Maple Street. The right of way department was instructed to make a tentative cost on the project. Appeal on Sub- A request for appeal of the decision of the Planning Commission on the division App. requirement of a dedication of fifty feet from the center line of No. 256 Baker Street to the City of Costa Mesa, for the future widening of Phillips Baker Street was read from Neal Martin for E. F. Phillips on Sub- division Application No. 256. Thereupon Mr. Martin presented the request of Mr. Phillips. After discussion as to the need of the dedication and future plans for the street it was moved by Councilman Rea, seconded by Mayor Smith, that the decision of the Planning Com- mission be upheld. The following was the roll call vote: AYES:: Councilmen:"__.Rea, J. Smith NOES: Councilmen: Meyers, Pinkley ABSENT: Councilmen: B. Smith Variance 639 Variance Application No. 639 being the application of Irving Geddis, .Geddis 215 Flower Street, Costa Mesa, to permit one additional residential unit in addition to existing duplex making a total of three units on 6250 square feet of land, located at 215 Flower Street, was presented together with the recommendation of the Planning Commission for ap- proval subject to the following conditions: 1) Subject to the in- stallation of 4 feet residential sidewalks along the front of the property under the direction of the City Engineer. 2) That the third unit, represented as a guest cottage, be removed within six (6) months. 3) Two for one off-street parking ratio, under the direction of the Director of Planning. Mr. Geddis, was present in behalf of his application, and answered the questions of the Council. Mr. H. C. Wood spoke in protest.of the Variance. After a'.lengthy discussion it was moved by Councilman Pinkley, seconded by Mayor Smith, and carried, that the City Manager and City Attorney conduct a full investigation of this case and report back to the Council at the next regular meeting of August 17. Variance 645 Variance Application No. 645, being -the application of Andrew Laws, Laws 21561 Mohler Drive, Anaheim, California, to permit use of property for a blacksmith shop and for a 0' rear yard setback for the building located at the westerly corner of Newport Avenue and Commercial Way. Amended 7-27-59 at request of applicant: For the use of the property for ornamental iron works using an aggregate of 10--H.P., together with the recommendation of the Planning Commission for approval for Variance No. 645, as amended, for an ornamental iron works -operation using. not_morc than.'ari agregate of 10 H ,P: with- a 0' rear yard setback setback -for . the -building.-Upon motion: •by Coundilmari Pinkley, seconded by Councilmen. Rea, and::: carried, the Council concurred Vrith the decision of the Planning Commission. 45 Variance 646 Variance Application No. 646 being the application of William Garvey, Garvey 15200 Carretera Drive, Whittier, to permit the construction of one unit per 1500 sq. ft. of land area in Tract 3191, also a rear yard setback of 10' which is an encroachment of 10' into the required 201, also a 40' setback from front center line of street, located at Wilson and Miners Streets, was presented together with the recom- mendation of the Planning Commission for approval subject to the following conditions: 1) Two for one off-street parking ratio under the direction of the Director of Planing. 2) One unit for each 1500 sq. ft. of land area. Upon motion by Councilman Rea, seconded by Mayor Smith, and carried, the Council concurred with the action of the Planning Commission. Variance 647 Variance Application No. 647, being the application of Hilda Stephens, Stephens 2539 Westminster Avenue, to permit a rear yard setback of 15 feet, which is an encroachment of 10 feet into the required 25 feet rear yard setback at 2539 Westminster Avenile,."was presented together with the recommendation of the Planning Commission for denial for the following reasons: 1) This is definitely an Rl area. 2) This would create an over -crowded condition if the applicant were allowed to build another unit. 3) No hardship is shown in this case. 4) There are no multiple units in the entire block. 5) Three persons objected to the granting of this request., Upon motion by Councilman Pinkley, seconded by Councilman Rea, and carried, the decision of the Planning Commission for denial was upheld. Variance 648 Variance Application No. 648, being the application of Rocard, Inc. Rocard, Inc. P. 0. Box 781, Costa Mesa, to permit a play room addition at 1697 Labrador Drive, was presented, together with the recommendation of the Planning Commission for approval subject to a 6' public walkway over the Storm Drain Easement along the southerly property line to the school grounds. Mr. Basabee, President of Rocard, Inc., Mrs. Basabee, and the Vice -President of the Mesa Verde Homwowners Assn. all protested the requirement of the sidewalk. After discussion it was moved by Councilman Rea, seconded by Councilman Pinkley, and carried, that the application be approved and tl-e requirement of the 6' sidewalk. be deleted. Tract 3115 Upon motion by Councilman Rea, seconded by Councilman Pinkley, and Requirement carried the City Engineer was instructed to remove from the conditions deletion on Tract 3115, the requirement for a 6:='foot public walkway over the Storm Drain easement along the southerly property line of Lot 136 to the School Grounds. Variance 649 Variance Application No. 649, being the application of Owen S. Halling, Halling 267 Santo Tomas Street, to permit construction of a double garage with a guest cottage upstairs, was presented together with the recommendation of the Planning Commission for approval subject to the following con- dition: 1) Two for one off-street parking ratio under the direction of the Director of Planning (four parking spaces). Mrs. Halling was present in behalf of her application. The Council inquired if she was fully aware of the definition of a guest cottage as indicated in Ordin- ance No. 32, and she stated she understood the definition. Thereupon it was moved by Councilman Rea, seconded by Councilman Pinkley, and carried, that the application be approved for a 9' rear yard encroach- ment into the 25' rear yard setback -with the deletion of the parking requirement as stipulated by the Planning Commission. Variance 650 Variance Application No. 650, being the application of Valerie A. Becker and Clyde W. Becker, 226 E. 21st Street, to permit a rear yard encroach- ment of 10' into the required 20' setback at 226 E. 21st'Street, was presented together with the recommendation of the Planning Com- mission for approval subject to the follo-ring'conditions: 1) That the applicant provides the two for one off-street parking ratio under the direction of the Director of Planning. 2) That 21st Street be improved by the applicant with curbs, gutters, paving to existing pavement and 4 ft residential sidewalks in front of:.his.property, under the direction of the City Engineer. After discussion it was moved by Councilman Pinkley, seconded by Councilman Rea, that the decision of -the Planning Commission be upheld with the exception of requirement No. 2 which should read: 2) A posting of a bond, the amount to be determined by the City Engineer, for the installation of a 4 foot residential sidewalk in front of the property under the . direction of the City Engineer. Deletion of the requirement of the Curbs, gutters, and pavement, inasmuch as this area is in a 1911 Act Improvement District soon to be started. Variance 651 Variance Application.No. 651, being the application of Harold B. Dawson Dawson, 568w. Wilson to permit construction of one unit for each Councilman Rea, seconded by Councilman Meyers, and carried, 1500 square feet of land area in an R4 zone located at 568 W. the Resolution Wilson, was presented, together with the recommendation of the Closing of Planning Commission for approval subject to the following condi- by the Division of Highways of the State of California, tions: 1) Two for one off-street parking ratio under the direc- was referred to the Traffic Commission for their recommendation. Upon motion by Councilman Rea, seconded by Councilman Pinkley, and tion of the Director of Planning. 2) Installation of 4 feet carried, the communication of Warren Detrick, 2506 Sierra Vista, residential sidewalks by the applicant, under the direction of Newport Beach, the City Engineer, along Wilson Street. Upon motion by Council- man Pinkley, seconded by Councilman Rea, and carried, Council referred to the City Manager for answer. concurred with the action of the Planning Commission. PERMITS Upon motion by Councilman Meyers, seconded by Councilman Pinkley, Chamber of and carried, permit was granted to the Costa Mesa Chamber of Commerce Commerce for a Circus in the Costa Mesa Park on August 19, 20, 21, Circus 22, and 23 and.for blocking off.-Park'Avenue"at 18th Street and Center Street, sdject to the recommendations of -the Chief of Police. Upon motion by Councilman Rea, seconded by Councilman Pinkley, and carried, permit was granted to the Parent Teachers Associations of Costa Mesa to conduct games booths for the Circus on August 19, 20, 21, 22, and 23. The Association to secure permission for the use of the park from the Park Board. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried, permit was granted to The. Walking Man for distribution of handbills for Julians Furniture of Santa Ana on August 10, 1959• W. R.. 180 Upon motion by Councilman Pinkley, seconded by Councilman Meyers, Warrant Resolution No. 180 including Payroll No. 123 was approved by the following roll call vote: AYES: Councilmen: Rea, Pinkley, J. Smith, Meyers, NOES: Councilmen - None ABSENT: Councilmen: B. Smith Ambulance Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and Certificate carried,.Certificate of Public Convenience and Necessity for Ambulance Physicians Service was granted to Physicians Service, 541 Center Street, Costa Service Mesa, subject to the approval of the Chief of.Police. Oral Communi- The Mayor inquired if there were anyone present Vrishing_to speak ori cations some item not on the agenda. No one wishing to speak he called for'.- written or:written communications. Written Upon motion by Councilman Pinkley, seconded by Councilman Rea, and Communica- carried, the communication of Patricia Platte, 2092 Wallace Street, tions regarding the improvements to her property in the West Victoria Platte Street Improvement District was referred to the City Manager. Newport Har- Upon motion by Councilman Rea, seconded by Councilman Pinkley, and bor Comm. carried, the request of the Newport Harbor Community Players, to Players erect a banner advertising their forthcoming play "Streetcar Named Desire" at 19th and Harbor, was denied, and the Clerk instructed to write the applicant that the Edison Company will not permit use of their polos for such advertising. Public Hear- Upon motion by Councilman Rea., seconded by Councilman Pinkley, and ing Set for carried, Public Hearing was set on August 17, 1959, at the hour of possible re- 9:00 o'clock p.m. in the Council Chambers, or as soon thereafter vocation of as possible, for the possible revocation of the Taxi Drivers Permit Taxi Drivers of Robert Donald Wright and Raymond P. Charette, both having been Permit - convicted of 502 CVC. Wright, Char- ette City of Upon motion by Councilman Rea, seconded by Councilman Meyers, and carried, Tustin the Resolution No. 482 of the City of Tustin regarding the closing of Closing of Newport Avenue by the Division of Highways of the State of California, Newport Ave. Detrick was referred to the Traffic Commission for their recommendation. Upon motion by Councilman Rea, seconded by Councilman Pinkley, and carried, the communication of Warren Detrick, 2506 Sierra Vista, Newport Beach, regarding Newport -Boulevard and the service road in Costa Mesa was referred to the City Manager for answer. Public Hear- Upon motion by Councilman Rea., seconded by Councilman Pinkley, and ing Set for carried, Public Hearing was set on August 17, 1959, at the hour of possible re- 9:00 o'clock p.m. in the Council Chambers, or as soon thereafter vocation of as possible, for the possible revocation of the Taxi Drivers Permit Taxi Drivers of Robert Donald Wright and Raymond P. Charette, both having been Permit - convicted of 502 CVC. Wright, Char- ette . 47 City Managers The City Manager requested permission to secure bids for three Report police cars two-way radios.- Upon motion by Councilman Pinkley, Advertise forseconded by Counci2nan Rea, the City Manager was instructed to bids 3 two- advertise for bids for three police.cars two-way radios, said bids way radios to be opened September 8, 1959• Motion carried by the follow ng roll call vote: AYES: Councilmen: Rea, Pinkley, J. Smith, Meyers NOES: Councilmen - None ABSENT: Councilmen: B. Smith RESOLUTION 631 Resolution No. 631, being A RESOLUTION OF THE CITY COUNCIL OF THE Consent to cir-CITY OF COSTA MESA, ACKNOWLEDGING RECEIPT OF NOTICE OF INTENTION culate petitionTO CURCULATE PETITION RELATING TO THE ANNEXATION OF TERRITORY TO of Annexation THE CITY OF COSTA MESA„ CALIFORNIA, AND AFFIDAVIT OF PUBLICATION (Bristol No. 3)THEREOF, AND APPROVING THE CIRCULATION OF SAID PETITION, was read. On motion by Councilman Rea, seconded by Councilman Meyers, Reso- lution No. 631, was adopted by the -following roll call vote: AYES:' Councilmen;- Rea, Pinkley, J. Smith,Meyers NOES: Councilmen - None ABSENT: Councilmen: B. Smith Street LightingThe Assistant City Manager presented the machine record.list, being Dist. Machine a duplicate of the heretofore approved Street Lighting District records approv-Maintenance Assessment Roll, and stated that it had been compared ed with the Roll and determined to be a true and correct compilation thereof, the total amount of the assessment being, $93,743.43• On motion by Councilman Rea,. seconded by Councilman Pinkley, the machine record list was accepted, approved, certified and ordered transmitted to the Auditor of Orange County by the following roll call vote: AYES: Councilmen: Rea, Pinkley, J. Smith, Meyers NOES: Councilmen - None ABSENT:. Councilmen: B. Smith Adjournment Upon motion by Councilman Rea, seconded by Mayor Smith, and carried, the meeting adjourned at 11:59 p.m. May of the City o Costa Mesa ATTEST: :.City Clerk of the Cit of Costa Mesa, 1