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HomeMy WebLinkAbout11/16/1959 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA November 16, 1959 The City Council of the City of Costa Mesa met in reg- ular session at 7:30 o'clock p.m., November 16, 1959, at the City Hall, 695 West 19th Street, Costa Mesa. The meeting was, called to order by the Vice -Mayor followed by the Pledge of Allegiance to the Flag and Invocation by Reverend James Safstrom. Councilmen Present; Rea, Meyers, Pinkley, B. Smith. Councilmen Absent: J. Smith Officials Present: City Manager, City Attorney, City Engineer, Director of Public Works, Director of Finance, Chief Deputy City Clerk Minutes Upon motion by Councilman Rea, seconded by Councilman November 2, 1959 Pinkley, and carried, the minutes of the regular meet- ing of November 2, 1959, were approved as written and previously mailed. PUBLIC HEARING The Vice -Mayor announced that this was the time and Rezone No. 89 - place set for the Public Hearing of Rezone Petition No. Initiated by 89, initiated by the Costa Mesa Planning Commission to Planning rezone from R4 to Rl, Lots 1-20 Tract 641; Tract 1284; Commission Lots 1027, Tract 1426; All tract 1663; Lots 187, 188, 197, 207, Newport Heights; Tract 2497, Lots 1-10, Tract 278; Lots 1-20, Tract 499; located between Irvine Avenue and Raymond Avenue and between East 19th Street and 20th Street. The Clerk reported that the affidavit:and proof of the publication of notice of hearing had been made and.were on file in the office of the City.Clerk. He thereupon read communications from H. C. and Jessie F. Scranton, and Mrs. D. E. Smith in protest; and a letter in favor,from Richard W. Smith. The Vice -Mayor then inquired if there were anyone pre- sent wishing to speak. Thereupon.the following spoke from the floor in favor of the rezoning: H. C. Scranton; Ed Madden, 429 Esther; Mrs. Tobey, 1945 Tustin; Mr. Simpson, 1979 Tustin; Mrs. Drake., -383 Esther; Mrs. Roberts, 1986 Tustin; Mr. Theo Martin, 1973 Tustin; Mrs. Morris., 379 Esther.;. No one else desiring to speak, it was moved by Councilman Pinkley, seconded by.Council- man Rea, and carried, that the public hearing be closed. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Meyers, and carried, that Ordinance No. 278, ORDINANCE NO. being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 278 COSTA -MESA AMENDING SECTION 3.2 OF ARTICLE III,OF ORDINANCE N0. 32 OF SAID CITY, CHANGING THE ZONING OF THE AREA BETWEEN EAST 19th STREET AND EAST 20th STREET, BETWEEN IRVINE AVENUE AND RAYMOND AVENUE, FROM R4 TO Rl, was given first reading and passed to second reading. REPORTS The City Attorney reported that he had investigated the . City Attorney claim of Mrs. Walter B. Jurgens, 648 West 18th Street, Jurgens Claim Costa Mesa, regarding her falling and breaking her ankle, and recommended that the claim be denied. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Rea, and carried that the claim be denied. City Attorney to The City Attorney reported thatthe City.of Costa-Mesa.had represent the City been,sued'by.the City of Santa oma, et. al., with regard in Court on Sun- to Huntzinger and Sunflower Annexations, and requested flower & Hunt- the Council to authorize him to file the necessary infor- zinger Annex. mation in the matter with the Court., Thereupon it was moved by Councilman Rea, seconded by Councilman Meyers, and carried, that the City Attorney be authorized to represent the City against the City of Santa Ana. Director of The Director of Public Works reported that the concrete Public Works storm drain in the vicinity of West 17th Street had been W. 17th St. Storm completed with the funds of Mr. Tiffany and that the Drain -Tiffany Director of Finance now -be directed to pay $3,500.00 to 279 Mr. Tiffany for the City's share in the drain and the City.Attorney be requested to prepare an agreement. Thereupon•it was moved by Councilman Pinkley, seconded by Councilman Meyers,'that the Director of Finance be authorized to pay $1,500.00, the City's share, as reim- bursement to Mr. Tiffany, and that the City Attorney be instructed to prepare the necessary agreement, and the City Clerk and Mayor be authorized to sign said agreement City Treasurer & on behalf of the City. The motion carried by the follow- Dir. of Finance ing roll call vote: Reports AYES: Councilmen:'_ ­Rea, Meyers, Pinkley, B. Smith NOES: Councilmen: None ABSENT: Councilmen: J. Smith Refund-Waldrup A communication was read from J. L. Waldrup, 631 West Building Permit Victoria, requesting refund on Building Permit No. 10490, No. 10490 together with the recommendation -,of the Building Official for a refund of $28.90, which is 85% of the permit fee. Thereupon it was movedrby Councilman Pinkley, seconded by. Councilman Rea that refund of $28.90 be approved. The motion carried by .the following roll call vote:_ AYES: Councilmen: Rea, Meyers, Pinkley, B. Smith NOES: Councilmen: None ABSNET: Councilmen: J. Smith Refund A communication was read from L. E. Van De Walker, re - Van de Walker questing refund -on -Building Permits 10656 and 10657, to - Building Permit gether with the recommendation of the Building Official No. 10656 and for refund of $71:40 which is 85% of the permit fees. lo657 Thereupon it was moved by Councilman Pinkley, seconded by Councilman Rea, that refund of $71.40 be approved. The motion carried by the following roll call.vote: AYES Councilmen: Rea, Meyers, Pinkley, B. Smith NOES: Councilmen: None ABSENT: Councilmen: J. Smith Traffic Commission A report from the Traffic Commission was :: read -'recommending recommendation ori .that Fair Drive between Harbor Boulevard and Fairview be Fair Drive made a through street and stop signs be installed at all roads intersecting Fair Drive. After discussion it was moved be Councilman B. Smith, seconded by Councilman Rea, ORDINANCE NO. and carried that ORDINANCE NO. 279, being AN ORDINANCE OF 279 THE CITY COUNCIL OF.THE CITY OF COSTA MESA DECLARING FAIR DRIVE BETWEEN HARBOR BOULEVARD AND FAIRVIEW AVENUE A THROUGH STREET AND AMENDING SECTION 171 OF ARTICLE XIV OF ORDINANCE NO. 44, was given first reading, and passed to second reading. AYES: Councilmen: Rea, Meyers, Pinkley, B. Smith NOES: Councilmen: None ABSENT: Councilmen: J. Smith City Treasurer & Upon motion by Councilman Pinkley, seconded by Councilman Dir. of Finance Rea, and carried, the reports of the Director of Finance Reports and City Treasurer were received and ordered filed. ORDINANCE NO. 'Ordinance No. 274, being AN ORDINANCE OF THE CITY COUNCIL 274 OF THE CITY OF COSTA MESA AMENDING SECTION 3.2 OF Rezone No. 86 ARTICLE III OF ORDINANCE NO. 32 OF SAID CITY CHANGING Tiffany THE ZONING OF LOT 506, NEWPORT MESA TRACT, FROM R4 TO 2nd reading R2 AND 1141 was presented for second reading. Upon motion by Councilman Pinkley; seconded by Councilman Meyers and carried, Ordinance No. 274 was given second reading and- read ndread by title only. Thereupon it was moved by Council- man Pinkley, seconded by Councilman Rea that Ordinance 1 1 No. 274 be roll call AYES: NOES: ABSENT: adopted. The motion carried by the following vote: Councilmen: Councilmen: Councilmen: Rea, Meyers, Pinkley, B. Smith None J. Smith ORDINANCE NO. Ordinance No. 276, being AN ORDINANCE OF THE CITY COUNCIL 276 OF THE CITY OF COSTA MESA APPROVING THE ANNEXATION OF Sunflower Ann- CERTAIN UNINHABITED.TERRITORY CONTIGUOUS TO THE CITY OF exation COSTA MESA, IN THE COUNTY OF ORANGE, KNOWN AND DESIGNATED 2nd reading AS "SUNFLOWER ANNEXATION", was presented for second read- ing. The City Attorney stated that in view of the legal action.between the City of Santa Ana et. al. he had advised the City Clerk not to certify either the Hunt - zinger Annexation or Sunflower Annexation, but because the legal action was in the form of an alternative writ of mandate, it was his opinion that the Ordinance could be given second reading and adoption. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Rea, and carried, that title only be read and Ordinance No. 276„be given second reading. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Meyers that Ordinance No. 276 be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Rea, Meyers, Pinkley, B. Smith NOES: Councilmen: None ABSENT: Councilmen: J. Smith ORDINANCE NO. Ordinance No. 277, being AN ORDINANCE OF THE CITY OF COSTA 277 MESA AMENDING SECTION 10.3 OF ARTICLE X OF ORDINANCE NO. 17th Place set- 32 OF SAID CITY AND ESTABLISHING SETBACK LINES FOR 17TH back PLACE IN SAID CITY, was presented for second reading. Second reading Upon motion by Councilman Pinkley, secotde d by Council- man Meyers,. and carried, (1-.d1n.dnce No. 276 was given .second reading and title only was read. Thereupon it was moved by Councilman Rea, seconded by Councilman Pinkley that Ordinance No. 276 be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Rea.,. Meyer-s.__;_Pinkley, B. Smith NOES: Councilmen: None ABSENT: Councilmen: J. Smith Variance No. 676 Variance application No. 676 being the application of Marsh Floyd Marsh, 1720 Orange Avenue�3to permit an encroachment Deferred -to of 9.00 feet into the required 25.00 feet rear yard setback December 7, 1959 was again.presented together with a request from Mr. Marsh for another. deferral to the next regular meeting on December 7, 1959•. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Meyers, and carried, that Variance 676 be deferred to December,7, 1959, as requested. Building Moving The request of Mrs. Lillian C. Nello, 2443 Norse Street, No. 276 for deletion of the additional requirement on Building Nello Moving No. 276 to remove a.shed before the release of the bond, was presented. Mrs. Nello was not present. Councilman Meyers stated, that he *bad. been out to the property and that the shed was on the front of the lot, and he had found that it was not in very good condition and would recommend that the Council deny the request and uphold its original decision. Thereupon it was moved by Councilman Meyers, seconded by Councilman Pinkley, and carried, that the request be denied and the action of the Council be upheld. RESOLUTION NO. Upon motion by Councilman Pinkley, seconded by Councilman 669 Rea, Resolution No. 669 being A RESOLUTION OF THE CITY Agreement with COUNCIL OF THE CITY OF COSTA MESA APPROVING AN -AGREEMENT Santa Ana Country DATED OCTOBER 26, 1959, -BY AND BETWEEN THE CITY OF COSTA Club for Storm MESA AND THE SANTA ANA COUNTRY CLUB FOR.THE CONSTRUCTION Draim OF AN UNDERGROUND STORM DRAIN was adopted by the following roll call vote: AYES: Councilmen: Rea, Meyers, Pinkley, B. Smith NOES: Councilmen: None ABSENT: Councilmen: J. Smith Tentative Tract Tentative Tract Maps 3403 and 3625 in"the name of K. W. Maps 3403 and 3625 Koll, 1555.Placentia Avenue, Newport Beach, to divide pro - K. W. Koll perty northerly of Gisler Avenue immediately south of the Orange County Flood Control Channel, approximately 2000.5 feet wly of Harbor Boulevard was presented, together with the recommendation of the Planning Commission for approval subject to all the requirement of the City Engineer and that the street names shall be under the direction of the Director of Planning. Thereupon it was moved by Council- man Rea, seconded by Councilman Meyers, and carried that the Tracts be approved subject to the recommendations of the Planning Commission. Tentative Tract Tentative Tract Map 3583 in the name of Simon Glass to Map 3583 divide property on the Northwest corner of West 17th Simon Glass Street and Monrovia into 25 lots was presented together with the request of Mr. Glass.for withdrawal and refund of fees, and the recommendation of the Planning Commission approving the withdrawal but recommendation that no re- fund of fee be granted. Thereupon it was moved by Council- man Pinkley,-seconded by Councilman Rea, and carried, that the recommendation of the Planning Commission be up- held. Tentative Tract Tentative Tract Map.No. 3615 in the name of Saffell and Map 3615 McAdam;, 124 Broadway, to divide property on the northwest Saffell and corner of Baker Street and Harbor Boulevard into 13.10ts McAdam as a commercial subdivision, was presented together with the recommendation of the Planning Commission for approval subject to the following: (1) All the requirements of the City Engineer; (2) That, if lots 1 through 8 are to be used for multiple residential, the applicants sign an Agreement to deed restrict them to one unit per each 1500 sq. ft. -of land area and two to one off-street park- ing in accordance with the parking standards of the City of Costa Mesa; (3) That under item 6 of the City Engineer's recommendation, that Street A be included for the Traffic Commission's approval; (4) Commercial sidewalks, Thereupon it was moved by Councilman Pinkley, seconded by Councilman Rea, and carried that Tract 3615 be approved subject to the recommendations of the Planning Commission. Rezone Petition Upon motion by Councilman Pinkley, seconded by Councilman No. 70 Meyers-, and carried, Rezone Petition No. 70, being the Croft -Set for petition of Glenn W. Croft, et.al., 180 Broadway, Costa Public Hearing Mesa, to rezone from R4 to R2, property located between December 7, 1959 Charle and Maple, northerly of Bernard was set for Public:, Hearing on December 7, 1959., at the hour of 7:30 o'clock p.m. or as soon thereafter as possible. Rezone Petition Upon motion by Councilman Pinkley, seconded by Councilman 76-A Meyers, and carried, Rezone Petition No. 76-A, being the Koll petition of K. W. Koll, 1555 Placentia Avenue, Newport Set for -Public Beach,to rezone from M1 and Ml -A to Rl property in Tent - Hearing ative-Tracts 3403 and 3625 was set for public hearing on December 7, 1959 December 7, 1959 at the hour of 7:30 o'clock p.m. or as soon thereafter as possible in the Council Chambers. Rezone Petition Upon motion by Pinkley, seconded -by Councilman Rea, and No. 90 carried, Rezone Petition No. 90, being initiated by the Planning Commission Planning Commission to rezone from R4 to Rl property Set for Public between Irvine and Tustin and bertween East 17th and East Hearing 16th Street and between East 15th and East 16th Street and December 7, 1959 between Tustin and Santa Ana Avenue was set for public - hearing on December 7, 1959,,at the hour of 7:30 o'clock p.m. or as soon thereafter as possible in the Council Chambers. ICT Right of Way Deeds Upon motion by Councilman Pinkley, seconded by Councilman Meyers, a right of way deed dated October 27, 1959, from Robert L. and Opal V. Kesler for that certain street known as Cecil Place was received and ordered placed on record by the following roll call vote: AYES: Councilmen: Rea, Meyers, Pinkley, B. Smith NOES: Councilmen: None ABSENT: Councilmen: J. Smith Upon motion by Councilman Pinkley, seconded by Councilman Meyers, a right of way deed dated October 27, 1959, from Robert L. and Opal V. Kesler for that certain street known as Albert Place, was received and ordered placed on record by the following roll call vote: AYES: Councilmen: Rea, Meyers, Pinkley, B. Smith NOES: Councilmen: None ABSENT: Councilmen: J. Smith Upon motion by Councilman Pinkley, seconded by Councilman Meyers, a right of way deed dated November 16, 1959, from Henry C. -and Sally H. Rosas for that certain street known ,as Albert Place, was received and ordered placed on record by the following roll call vote: AYES: Councilmen: Rea, Meyers, Pinkley, B. Smith NOES: Councilmen: None ABSENT: Councilmen: J. Smith Upon motion by Councilman Pinkley, seconded by Councilman Meyers, a right of way deed dated November 11, 1959, from Frank R. and Dorothy M. Strahl, for that certain street known as Albert Place, was received and ordered paced on record by the following roll call vote: AYES: Councilmen' Rea, Meyers, Pinkley, B. Smith NOES: Councilmen: None ABSENT: Councilmen: J. Smith Upon motion by Councilman Pinkley, seconded by Councilman Meyers, a right of way deed dated November 10, 1959, from George W. and Myrtle A. Davey for that certain street known as Albert Place; was received and ordered placed on record by the following roll call vote: AYES: Councilmen: Rea, Meyers, Pinkley, B. Smith NOES: Councilmen: None ABSENT: Councilmen: J. Smith Upon motion by. Councilman Pinkley, seconded by Councilman Meyers, a right of way deed dated November 9, 1959, from John J. Paul for that certain street known as Albert Place, was received and ordered placed on record by the following roll call vote: AYES: Councilmen: Rea, Meyers, Pinkley, B. Smith NOES: Councilmen: None ABSENT: Councilmen: J. Smith Upon motion by, Councilman Pinkley, seconded by Councilman Meyers, a right of way deed dated November 16, 1959, from Eugene E. and Ina Vene West for,that certain street known as Sierks Street, was receiVed and ordered placed on record by the following roll call vote: AYES: Councilmen: Rea, Meyers, Pinkley, B. Smith NOES: Councilmen: None ABSENT': 'Councilmen: J. Smith Upon motion by Councilman Pinkley, seconded by Councilman Meyers, a right of way deed dated November 10, 1959, from John and Gladys L. Adams for that certain street known as Sherwood Street, was received and ordered placed on record by the following roll call vote: AYES: Councilmen: Rea, Meyers, Pinkley, B. Smith NOES: Councilmen: None ABSENT: Councilmen: J. Smith 4; Right of Way Deeds Upon motion by Councilman Pinkley, seconded by Councilman Cont. Meyers, a right of way deed dated November 16, 1959, from Erna C. Watts for that certain street known as Street "A" Monrovia District, was received and ordered placed on record by the following roll call vote: AYES: Councilmen: Rea, Meyers, Pinkley, B. Smith NOES: Councilmen: None ABSENT: Councilmen: J. Smith Upon motion by Councilman Pinkley, seconded by Councilman Meyers, a right of way deed dated November 4, from Anton H. Segerstrom, et.al., for that certain street known as Harbor Boulevard, Northwest corner at Huntzinger, was received and ordered placed on record by the following roll call vote: AYES: Councilmen: Rea, Meyers, Pinkley, B. Smith NOES: Councilmen: None ABSENT: Councilmen: J. Smith Upon motion by Councilman Pinkley, seconded by Councilman Meyers, a right of way deed dated November 4, 1959, from Anton H. Segerstrom et. al., for that certain street known as Harbor Boulevard, Southwest corner at Huntzinger, was received and ordered placed on record by the following: roll call vote: AYES: Councilmen: Rea, Meyers, Pinkley, B. Smith NOES: Councilmen: None ABSENT: Councilmen: J. Smith Upon motion by Councilman Pinkley, seconded by Councilman Meyers, a right of way deed dated November 6, 1959, from Jacob R. and Dessa M. Biederbach for that certain street known as Albert Place, was received and ordered placed on record by the following roll call vote: AYES: Councilmen: Rea, Meyers, Pinkley, B. Smith NOES: Councilmen: None ABSENT: Councilmen: J. Smith Upon motion by Councilman Pinkley, seconded by Councilman Meyers, a right of way deed dated November 4, 1959, from Orville E. and Pauline S. Mithoff, for that certain street known as Orange Avenue, was received and ordered placed on record by the following roll call vote: AYES: Councilmen: Rea, Meyers, Pinkley, B. Smith NOES: Councilmen: None ABSENT: Councilmen: J. Smith Upon motion by Councilman Pinkley; seconeded by Councilman Meyers, a right of way deed dated October 30, 1959, from Standard Oil Company dba Signal Oil Company for that certain street at Newport Avenue and Broadway, was received and ordered placed on record by the following roll call vote: AYES: Councilmen: Rea, Meyers, Pinkley, B. Smith NOES: Councilmen: None ABSENT: Councilmen: J. 'inith Upon motion by Councilman Pinkley, seconded by Councilman Meyers, a right of way deed dated October 26, 1959, from Santa AZa..Country Club for storm drain was received and ordered placed on record by the following roll call vote: AYES: Councilmen: Rea, Meyers, Pinkley, B. Smith NOES: Councilmen: None ABSENT: Councilmen: J. Smith Upon motion by Councilman Pinkley, seconded by Councilman Meyers, a right of way deed dated October 13, 1959, from Seventh Garden Corporation for that certain street known as. 16th Street, was received and ordered placed on record by the following roll call vote: AYES: Councilmen: Rea, Meyers, Pinkley, B. Smith. NOES: Councilmen: None ABSENT: Councilmen: J. Smith 5'; nrgC_; Variance No. Variance application No. 678, being the application of 678 John T. Clark, 1025 First Street, Wasco, to permit 107 Clark 'unit trailer court on property zoned Ml located on the southwest corner of 17th Street and Monrovia Avenue, was presented together with the recommendation of the Plan- ning Commission for approval subject to the following conditions: (1) Dedication to the City of Costa Mesa of '30 feet for street purposes along the Southerly property line of the Trailer court; (2) That ingress and egress -to the Trailer Park be subject._to.the approval of the Traffic Commission. (3) That the Trailer Park be con- tained with a permanent type wall under the direction of the Director of Planning; (4) All the requirements of the Department of Building Safety. The Vice -Mayor then inquired if there were anyone present wishing to speak. Thereupon Mr. Tom Shoemaker came forth stating that he represented the applicant and would answer any questions of the Council. The Clerk read a communication from the Costa Mesa Chamber of Commerce requesting a study as to the number of trailer parks that should be allowed in the City, and that further study be given this request of Variance No. 678 before final action. Mr. Bob Jones, Real Estate Broker, and Mr. Fredericks spoke on behalf of the application. Mr. C. H. Randall, 336 East 16th Street,;spoke in favor of the delay for the study. After further discussion, it was moved by Councilman Pinkley, seconded by Councilman Rea,.and carried, that Variance No. 678, be approved subject to the recommendations of the Planning Commission. The Council wished the Planning PPt notified that a study will be made on trailer parks in the City. Variance No. 679 Variance application No. 679, being the application of Jansen Robert W. Jansen, 18271 Huntington Beach Boulevard, Huntington Beach, for permission to construct 24 units on 38,253 sq- ft. of land area at 520 and 526 West Wilson was presented together with the request of Mr. Erickson, -the present owner for a delay to December 7 - Mr. Erickson was present and also requested that this be referred back to the Planning Commission for their meet- ing on November 23. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Rea, and carried, that Variance No. 679 be referred back to the Planning Commission for their meeting on November 23, and back to the City Council on December 7, 1959 - Variance No.. 682 Variance application No. 682, being the application of Griffin Const. Griffin Construction Company to construct one unit per Company 1497 sq. ft. of land area, with 1 3/4 parking stalls per units, in accordance with plans and specifications attached to and made a part of the application.. located on the north- west corner of Tustin and Ogle Streets, was presented to- gether with the recommendation of the Planning Commission for denial for the following reasons: (1) The large number of protests that were received (45 on Petition and 8 speak- ing from the floor); (2) Too dense a population in this given area because -of the single family residence. The Clerk read a communication from Joe Phillips, 721 N. Belair, Burbank, in favor; and.one from Michael C. Dwaileebe in favor with what the majority of the property own.ers.wan.ted; a petition in protest bearing 125 signatures. Mr. Don Shearer, attorney for Griffin Company was present and stated that he had talked to most of the property owners involved and reiterated their thoughts for and against, and presented a petition representing 17 pieces of property in the area in favor of the variance. Variance No. 682 The following spoke from the floor in protest: Bob Griffin Const. Trusty, 407'Lenwood Drive; C. H. Randall, 336 East Company 16th Street; Robert -.Shaw; 342 Ogle; P. D. Baker, Cont. 415 Ogle .Circle; W. G. Caldwell, 411 Lenwood;'Mrs. P. D. Baker, 415 Ogle Circle; Earl DeWolf; Mr. Graham, 346 Ogle; Norma Cima, 431 Lenwood; Floyd Johnston -1406 Lenwood; Meredith Cook, 425 Lenwood Drive; Vernon Bruss, 1646 Tustin; Mrs. Johnston, 406 Lenwood Drive; Mrs. Trusty, 407 Lenwood Drive; Dennis Gladden, 361 Ogle; Nina Cook, 425 Lenwood; Gene Parker, 416 Lenwood Drive. Mrs. Hahn, 417 Cambridge,spoke in favor of the variance. After a lengthy discussion it was moved by Councilman Pinkley, seconded by Councilman Meyers, and carried, that the hearing be closed. Thereupon it was moved by Council- man Rea, seconded by Councilman Pinkley, with Council- man Meyers voting noe, that Variance No. 682 be denied, as recommended by the Planning Commission. Variance No. 683 Variance application No. 683, being the application of Williams Chester E. Williams, 8776 Elm, Ontario, to permit rear yard encroachment of 10 feet into required 20.4 feet rear yard setback and 9 feet between dwellings, at 1776 Anaheim, was presented, together with the recom- mendation of the Planning Commission, for approval with an encroachment of 15' into the required rear yard setback of 25 feet subject to the following con- ditions: (1) All the requirements of the Department of Building Safety; (2) Two for one off-street park- ing under the direction of Planning. (3) Installation of residential sidewalks on Anaheim Avenue under the direction of the City Engineer. Upon motion by Council- man Pinkley, seconded by Councilman Rea, and carried, Variance No. 683 was approved subject to the recommenda- tions of the Planning Commission. Variance No. 684 Variance application No. 684, being the application of Murphy-Robillard Joseph M. Murphy and George T. Robillard, 209 Dartmouth Place and 208 Tulane Place, to permit raising existing 4 feet wall to 6 feet as indicated on the plot plan. attached to and made a part of the application, was pre- sented together with the recommendation of the Planning Commission for.approval. Upon motion by Councilman ,Pinkley,_seconded by Councilman Rea, and carried, the Variance was approved subject to the recommendations of the Planning Commission. Variance No. 685 Variance application No. 685, being the application of Evangelical Board of Home Missions and Church Extension of the Lutheran Church Evangelical Lutheran Church, 422 South 5th,Street, Minneapolis, Minnesota, to permit.the construction of a church and school in .an R1 zone located on the southeast- erly corner of Mesa Verde and Baker Street, was presented 'together with the recommendation of the Planning Commission for approval subject to the following conditions: (1) That the off-street parking be under the supervision of the Director of Planning (2) That there be a masonry wall under the direction of the Director of Planning. There- upon it was moved by Councilman Pinkley, seconded by Council- man Rea, and carried, that Variance 685 be approved sub- ject to the recommendations of the Planning Commission. PERMITS Upon motion by Councilman Pinkley, seconded by Councilman Rea, and carried, permit was granted to Harbor Disposal Company, for retail rubbish hauling, 1670 Newport Boulevard. Upon motion by Councilman B. Smith, seconded by Council- man Pinkley, and carried, permit was granted to Veterans Industries, Inc., of Orange County for one truck for junk collecting. PERMITS Upon motion by Councilman Pinkley, seconded by Councilman Cont. Rea, and carried permit was granted to Paul S. Ward, 980 Congress Street, fora Christmas Tree Lot at 263 17th Street .from December 4 through 23, 1959•. Upon motion by Councilman Rea, seconded by Councilman Pinkley,-permit was granted to the°Newport Harbor Church of Seventh Day Adventists for use of an amplifier in the residential area for Christmas Caroling from Thanksgiving to Christmas between the hours of 6:30 to 8:30 p.m., subject to the approval of the Chief of Police. Warrant Resolution Upon motion -by Councilman Pinkley, seconded by Councilman No. 190 Rea, Warrant Resolution No. 190 including Payroll No. 132, was approved by the following roll call vote: AYES: Councilmen: Rea, Meyers, Pinkley, B. Smith NOES: Councilmen: None ABSENT: Councilmen: J. Smith Written Upon motion by -Councilman Pinkley, seconded by Councilman Communications Rea, and carried, -the communication from the Los Angeles Board of Supervisors thanking the Costa Mesa Fire Depart- ment for their assistance in the Woodwardia Fire was re- ceived and ordered filed. Upon motion by Councilman Pinkley, seconded by Councilman B. Smith, and cried, the report of the Alcoholic Beverage Control for a on -sale beer premise to premise transfer for Harris D. Clifton and Jesse H. Veach,'dba Mesa Club, 632 West 17th Street, was received and ordered filed. Upon motion by Councilman B. Smith, seconded by Councilman Rea, with Councilman Pinkley voting noe, the report of the Orange County Board of Supervisors regarding the Arterial Highway Financing Program for the Fiscal Year 1959-60 was received and ordered• filed. Oral At this time the Mayor inquired if there were anyone Communications present wishing to speak on sone item not•on the agenda. Joint Powers Thereupon, the City Attorney presented.a proposed,Joint- Agreement with Powers Agreement between the.'Costa Mesa Elementary Union Costa Mesa Ele- School District and the City of Costa Mesa for construction mentary Union of an underground drainage culvert on Santa Ana Avenue be - School District tween 23rd Street and the site of the Kaiser School. He stated that the School District had signed the agreement which would pay the City $20,000.00 toward the installation of the 54": drain. Thereupon it was moved by Councilman Pinkley, seconded by Councilman B. Smith that Resolution No. RESOLUTION N0. 670 670 being A RESOLUTION_OF :THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING A CERTAIN JOINT POWERS AGREEMENT BY AND BETWEEN THE COSTA MESA UNION SCHOOL DISTRICT AND THE CITY OF COSTA MESA._FOR THE PROVISION OF DRAINAGE, AND AUTHORIZING THE MAYOR AND CITY CLERK TO -EXECUTE SAID AGREEMENT FOR THE CITY, be adopted by the following roll call vote: AYES: Councilmen: Rea, Meyers, Pinkley, B. Smith NOES: Councilmen: None -ABSENT: Councilmen: J. Smith City Atty. and The Attorney stated that he and the Chief of Police had Chief of Police discussed the liability on the Police -Department calling to Draft Ordinance for towing service in cases of accident and suggested that re: Tow trucks he be authorized to draft an Ordinance setting forth minimum standards for t -ow, trucks being used by the City in cases of accident. Thereupon it was moved by Councilman Pinkley, seconded by.Councilman Rea, and carried, that the City Attorney and Chief of Police draft an Ordinance to present to the Council setting minimum standards for tow trucks being used by the City. Peterson Mrs,..Oral:'Peterson;;377 West Wilson, addressed the Council House Trailer requesting permission to place a house trailer for living purposes on her lot at 377 West Wilson on a temporary bases to permit her to sell her property. The Attorney informed Mrs. Peterson that under the existing Ordinance no permit could be granted fora trailer for living pur- poses outside of a trailer park. City Manager's The City Manager presented a proposed Joint Resolution with Report the City of Newport Beach requesting the runways of the Orange County Airport to be limited to 7500 feet in length. �hereapon; i t was moved by Councilman Pinkley, seconded by Councilman Rea, that Resolution No. 671 being RESOLUTION N0. 671 A JOINT RESOLUTION, BEING RESOLUTION, NO. 5115 OF THE CITY - Joint Res. with COUNCIL OF THE CITY OF NEWPORT BEACH AND RESOLUTION NO. Newport Beach re: 671.OF THE CITY COUNCIL OF THE -CITY OF COSTA MESA, URGING Runway -Airport THE ORANGE COUNTY BOARD OF SUPERVISORS TO LIMIT RUNWAY LENGTH AND DEVELOP -THE ORANGE COUNTY AIRPORT IN THE BEST INTEREST OF THE SURROUNDING AREAS was adopted by'the following roll call vote: AYES: Coundilmen: Rea, Meyers, Pinkley, B. Smith NOES: Councilmen: None ABSENT:- Councilmen: J. Smith The City Manager and City Attorney reported on their meet- ing with the property owners and tenants in Bristol No. 4 Annexation. The Attorney read a communication from Mr. Miltenburg requesting the City of Costa Mesa and the City of Santa Ana to cease both their annexations until such time as the property owners requested joining either city, and requested both Cities to adopt a Declaration of Policy setting forth their wish not to annex property until it be requested by the owners. The Attorney also read a letter from the proponents of Bristol No. 4 Annexation stating that they do not intend to circulate the petition for said Annexation. The Attorney also read a letter from K. W. Koll and W. J. Cagney requesting annexation to the City of Costa Mesa. After discussion, -it was moved by Councilman Pinkley, seconded by Councilman B. Smith, that RESOLUTION NO. 672 Resolution No. 672 being A RESOLUTION OF THE CITY COUNCIL Bristol No. 4 OF THE CITY OF COSTA MESA TERMINATING BRISTOL NO. 4 ANN - Annexation EXATION be adopted: The motion carried by the following Terminated roll call vote: AYES: Councilmen: Rea, Meyers, Pinkley; B. Smith NOES: Councilmen: None ABSENT: Councilmen: J. Smith RESOLUTION N0. 673 Upon motion by Councilman Pinkley, seconded by Councilman Paularino No. 1 Meyers., Resolution No. 673 being A RESOLUTION OF THE CITY Annexation COUNCIL OF THE CITY OF COSTA MESA OF INTENTION -TO ANNEX A CERTAIN UNINHABITED AREA DESIGNATED AS "PAULARINO NO. 1" ANNEXATION, AND GIVING NOTICE THEREOF (sets date for Public Hearing on January 4, 1960,) was adopted by the following roll call vote: AYES: Councilmen: Rea, Meyers, Pinkley, B. Smith NOES: Councilmen: None ABSENT: Councilmen: J. Smith Declaration of Upon -motion. by Councilman B. Smith, seconded by Council - Policy man Pinkley, and carried the Declaration of Policy -by the City of Costa Mesa concerning the property in the area of Bristol No. 4 Annexation was adopted. 1 0-�