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HomeMy WebLinkAbout09/18/1961 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA September 18, 1961 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 o'clock p.m., September 18, 1961, 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 Councilman John Smith. ROLL CALL Councilmen Present: Wilson, Rea, Smith, Pinkley, Mede rs Councilmen Absent: None Officials Present: City Massager, City Attorney, City Engineer, Chief Deputy City Clerk Minutes Upon motion by Councilman Wilson, seconded by Council - September 5, 1961 man Pinkley, and carried, the minutes of the regular meeting of September 5, 1961 were approved as written and previously distributed. PUBLIC HEARING The Mayor announced that this was the time and place set Rezone 146 for the Public Hearing on Rezone Petition No. 146, initiated Initiated by by. the Planning Commission to rezone from R2 to El, pro - Planning perty located in the general area between East 15th Street Commission and 16th Place and between Orange and Tustin Avenues. The Clerk reported that notice of said hearing had been duly published and the affidavit was on file in his office. He read the recommendation of the Planning Commission for approval. He reported ten communications in protest had been received and read them to the Council as follows: Caroline B. Morrison; Mrs. Agnes N. Dorn; Mrs. Eduard Day; A. J. Robinson; Shirley Ruth Paine; Cecil C. Tinkey; Andrew G. and Josephine N. Bennett; Mr. and Mrs. Charles W. McAnlis; Paul A. Taylor: He also reported a petition in protest bearing 129 signatures. The Mayor then in- quired if there were anyone present wishing to be heard. Thereupon the following spoke in protest: Carl Korten, 1596 Redlands Place; J. Fudge, 252 Palmer. After dis- cussion and no one else wishing to speak it was moved by Councilman Pinkley, seconded by Councilman.Rea, and carried, that the public hearing be closed. Thereupon it was moved by Councilman Pinkley, seconded by Council- man Rea that Rezone Petition No. 146 be denied. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING The Mayor announced that this was the time and place Rezone 147 set for the Public Hearing on Rezone Petition No. 147 Hill Coast for Hill Coast Corporation, 336 East 17th Street, to Corporation rezone from ML and _R2 to C2 property located on both sides of St. Clair Street between the Orange County Flood Control Channel, and Randolph Avenue, and on both sides of Bristol Street northerly of the Orange County Flood Control Channel. The Clerk reported that notice of said hearing had been duly published and the affidavit was on file in his office. He read the recom- mendation of the Planning Commission for approval. He reported no written communications had been received. Mr. -Dan Jacobsen was present on behalf of the applicant and discussed with the Council the bridge to be constructed over the flood control ditch. He stated that they were in the process of working something out with the Macco Corporation. The.Council requested that before final in REPORTS The City Attorney stated that in connection with the City Attorney Santa Ana Avenue Improvement District a right of way ORDINANCE 395 was acquired from,Price Brandenberg, a portion of Lot Vacation of 212, for the proposed Sierks.Stteet, with the condi- certain ease- tion that if the City did not use the right of way it ment Lot 212 would-be returned to him, and therefore he recommended the adoption of an Ordinance of Intention to vacate the right of way. Thereupon it was moved by Councilman Rea, 1 action, an agreement be presented to the City re- garding the construction of the bridge. Mr. Jacobsen said that this would be done. Thereupon it was moved by Councilman Pinkley, seconded.by Councilman Rea, and carried that the public hearing be closed. There- upon it was moved by Councilman Wilson, seconded.by Councilman Pinkley, that first reading be given to ORDINANCE 394+ Ordinance No. 394, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF AN.AREA ON BOTH SIDES OF ST. CLAIR STREET BETWEEN THE ORANGE COUNTY FLOOD CONTROL CHANNEL AND RANDOLPH AVENUE, AND ON BOTH SIDES OF BRISTOL STREET NORTHERLY OF THE ORANGE COUNTY FLOOD CONTROL CHANNEL FROM Ml AND R2 TO C2. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: Ndne- ABSENT: Councilmen: None PUBLIC HEARING The Mayor announced that this was the time and place Vacation of East- set for the Public Hearing on vacation of certain ments west of easements west of Harbor Boulevard near Adams. The Harbor near Clerk reported that notice of said hearing had been Adams duly published and the property posted and that af- fidavits were on file in his office. The Mayor in- quired if there were anyone present wishing to speak. No one wishing to speak it was moved by Councilman Rea, seconded by Councilman Pinkley, and carried, that the public hearing be closed. After discussion it was moved -by Councilman Pinkley, seconded by Council- man Smith that Resolution•No. 893 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ORDERING THE VACATION OF CERTAIN'EASEMENTS IN THE FAIRVIEW TRACT IN THE CITY OF COSTA MESA be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Wilson,'Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING The Mayor announced that this was the time and place River No. 2 set for the Public Hearing on proposed River'.No. 2 Annexation Annexation to the City of Costa Mesa. The Clerk re- ported that notice of said hearing had been duly published and notice sent to the property owners and the affidavits were on file in his office. He reported two written protests had been received from George C. Greenewald, Jr. and R. L. Gradishar and read them to the Council. The Mayor then inquired if there were anyone present wishing to be heard. Thereupon Mr. R. L. Gradishar spoke in support of his written protest and that of Mr. Greenewald. The City Attorney informed the Council that inasmuch as there had been protests the hearing must be continued for at least ten days to permit filing of any other written protests. Thereupon it was moved by Councilman Smith, seconded by Councilman Rea, and carried, that the public hearing be continued to October 2, 1961, at 7:30 o'clock p.m. or as soon thereafter as possible in the Council Chambers of the City Hall. REPORTS The City Attorney stated that in connection with the City Attorney Santa Ana Avenue Improvement District a right of way ORDINANCE 395 was acquired from,Price Brandenberg, a portion of Lot Vacation of 212, for the proposed Sierks.Stteet, with the condi- certain ease- tion that if the City did not use the right of way it ment Lot 212 would-be returned to him, and therefore he recommended the adoption of an Ordinance of Intention to vacate the right of way. Thereupon it was moved by Councilman Rea, 1 seconded by Councilman Pinkley that first reading ORDINANCE NO. 395 be given to Ordinance No. 395 being AN ORDINANCE OF First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA_DECLARING ITS INTENTION TO ORDER THE.VACATION OF A CERTAIN EASE- MENT COVERING A PORTION.OF LOT NO. 212 OF NEWPORT HEIGHTS IN THE CITY OF COSTA MESA. The motion carried by the following. roll. call. vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None (Sets public hearing October 16, 1961.) Agreement with The City Attorney informed the Council that the Chief Orange County of Police has proposed that the City enter into an Peace Officers agreement with the Orange County Peace Officers Association for Association for the use of Identi-Kits. He stated that the present Identi-Kit contract agreement for use of Identi-Kit with Newport approved Beach expires October 1 and the new agreement would be less costly to the city. Thereupon it was moved by Councilman Wilson, seconded by Councilman Pinkley, that the agreement with the Orange County.Peace Officers Association for the use of Identi-Kit be approved and the Mayor and City Clerk authorized to sign said agree- ment on behalf of the City. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None City Engineer The City Engineer informed the Council that in connection Santa Isabel with the opening of bids for the Santa Isabel Storm Storm Channel Channel certain rights of way had not yet been obtained Bids October 16, thereby making it necessary to delay the opening of bids. 1961 He recommended that upon receipt of the rights of way the City Clerk be authorized to advertise for the opening of bids for October 16, 1961. Thereupon it was moved by Councilman Smith, seconded by Councilman Wilson, and carried, that the City Clerk be authorized to advertise the opening of bids for the Santa Isabel Storm Channel for October 16, 1961, upon receipt of the necessary rights of way. Reports Upon motion by Councilman Smith, seconded by Councilman Pinkley, and carried, the reports of the City Treasurer, Director of Finance, Police Department, and Audit for the fiscal year ended June 30, 1961, be received and ordered filed. ORDINANCE 390 Upon motion by Councilman Wilson, seconded by Councilman Second Reading Rea, Ordinance No. 390, being AN ORDINANCE OF THE CITY Adams No. 3 COUNCIL OF THE CITY OF COSTA MESA APPROVING THE ANNEXA - Annexation TION OF CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO THE CITY OF COSTA MESA IN THE COUNTY OF ORANGE KNOWN AND DESIGNATED AS "ADAMS NO. 3 ANNEXATION" was given second reading and adopted by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE 391 Upon motion by Councilman Wilson, seconded by Councilman Second Reading Smith, Ordinance No. 391, being AN ORDINANCE OF THE CITY Rezone 144 COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF Initiated by THE WEST ONE-HALF,OF LOT 14, BLOCK B, BERRY. TRACT, FROM Planning Com- C2 TO Ml was given second reading and adopted by,the mission following roll call vote: AYES: Councilmen: _Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE 392 Upon motion by Councilman Rea, seconded by Council - Second Reading man Pinkley, Ordinance No. 392 being AN ORDINANCE OF Rezone 145 THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING Initiated by THE ZONING OF THE EASTERLY.ONE-HAL, OF LOT 17 AND LOT Planning Com- -16 OF TRACT N0._9 FROM R2 TO AP.- was given second mission -reading and adopted by the.following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE 393 Upon motion by Councilman Pinkley, seconded by Second Reading Councilman Rea, Ordinance No. 393, being an ORDINANCE Prohibit Fairview OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING Parking and certain THE MUNICIPAL CODE OF THE CITY OF -COSTA MESA TO PROHI- stop signs on BIT PARKING ON A PORTION OF FAIRVIEW ROAD AND.ESTABLISH Elden CERTAIN STOP INTERSECTIONS ON ELDEN AVENUE was given second reading and adopted as an urgency ordinance by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Variance 927 Variance application No. 927, being -the application Seckler of Paul H. Seckler, Jr., 398 Flower Street, to permit construction of one unit in addition to existing residence on an R1 lot containing a total of 8,116.5 square feet (+,058.5 square feet per unit) and an en- croachment of 7 feet into required 25 foot rear yard setback at 398 Flower Street, was presented together with the recommendation of the Planning Commission for denial, having been deferred from the meeting of September 5, 1961. Mr. Seckler was present and said that he had been informed by neighbors that there was no use try- ing to get the variance because "wires had been pulled". The City Attorney said that inasmuch as such charges were of a serious nature, he should give names. Mr. Seckler said that he had received this information from a Mrs. Eastman who lived across the street and was also told by another gentlemen that William Weatherwax, his immediate neighbor, had also stated the same. There- upon it was moved by Councilman Pinkley, seconded by Councilman Rea, and carried that the City Attorney be ordered to investigate these allegations. There- upon it was moved by Councilman Smith, seconded by Councilman Wilson, and carried, that the variance be continued to October 2, 1961. Setback Lines The Clerk presented the proposed adoption of setback Monte Vista and lines for a street 60 feet in width between Monte Vista Del Mar and Del Mar, midway between and parallel with Elden and Orange Avenues, having been deferred from the meeting of September 5, 1961, for further investigation, that public hearing having been closed on September 5. After discussion -it was moved by Councilman Wilson, seconded by Councilman Rea, that first reading be given to ORDINANCE 396 Ordinance No. 396 being AN ORDINANCE OF THE CITY -COUNCIL First Reading OF THE CITY OF COSTA MESA ESTABLISHING BUILDING SET- BACK LINES FOR A PROPOSED STREET EXTENDING BETWEEN MONTE VISTA AVENUE AND DEL MAR AVENUE AND MIDWAY BE- TWEEN ELDEN AVENUE AND ORANGE AVENUE IN THE CITY OF COSTA MESA. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Meyers NOES: Councilmen: Pinkley ABSENT: Councilmen: None Conditional Use Conditional Use Permit C-6 for Frank and Wanda Wish, Permit C-6 1088 Dover Lane, Ventura, to establish a liquor store Wish and restaurant in an M1 zone on the west side of Bristol, Company 501.98 feet southwesterly of the centerline of Randolph Street was presented having been deferred from the meeting of September 5, 1961. Inasmuch as this area had been included in a rezone to commercial, it was moved by Councilman Wilson, seconded by Councilman Pinkley, and carried, that C-6 be approved subject to the recommendations of the Planning Commission. Conditional Use Conditional Use Permit C-8 for Edker Pope, 1773 Bahama Permit C-8 Place, to permit an on -sale beer and wine store operation Pope in an M1 zone at the northeast corner of Randolph and set October 2, Bristol was presented having been deferred from the meet- 1961 ing of September 5, 1961. Inasmuch as this area had been Rezone 107 included in a rezone to commercial, it was moved by Rezone 139 Councilman Wilson, seconded by Councilman Smith, and Rezone 148 carried, that C-8 be approved. The Mayor declared a ten minute recess and the meeting reconvened at 9:10 p.m. Tentative Tract Tentative Tract Map No. 4395 for K & E Development 4395 K & E Company Incorporated, 1555 Placentia Avenue, to divide Development Lot 5 and a portion of Lot 4, Berry Tract, into 65 Company lots located between Paularino and Baker, east of Fairview Road, was presented together with the recom- mendation of the Planning Commission for approval sub- ject to the following conditions: 1) All the require- ments of the City Engineer, dated September 11, 1961. 2) All the requirements of the Planning Department dated September 11, 1961. After discussion it was moved by Councilman Smith, seconded by Councilman Wilson, and carried, that the Tentative Tract 4395 be approved. Public Hearings Upon motion by Councilman Wilson, seconded by Council - set October 2, man Rea, and carried, Public Hearings were set for 1961 October 2, 1961, at 7:30 o'clock p.m. or as soon there - Rezone 107 after as possible for the following: Rezone 139 1. Rezone No. 107, initiated by the Planning Commission Rezone 148 to rezone from M1, C2 and R4 to I and R and U property known as Orange Coast College, Orange County Fair- grounds, Southern California College and Vard Products. 2. Rezone Petition 139, initiated by Planning Commission to rezone from R2 to R1 property located between Beach and Cove; between Arnold and Meyer; between Meyer and Maple and between Yorkshire and Hamilton. 3. Rezone Petition 148 -Amended., initiated by the Planning Commission to rezone from Ml, Al and R2 to C2 property located on both sides of Bristol Street, between Baker Street and Paularino Avenue. Right of I -Tay Upon motion by Councilman Smith, seconded by Councilman Deeds Pinkley the following right of way deeds were received and ordered placed on record by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None DATE NAME FOR STREETS 9-11-61 Harold M. Beardsley .(Bahia Mar.Apartments) W. 19th St. 9- 6-61 Costa Mesa Sanitary District W. 19th St. 9-15-61 John A. Morgan, Charles C. Young, Robert Q. Parsons W. 19th St. 9-13-61 Ben I. & Barbara I. Tallon W. 19th St. Variance 930 Variance application No. 930, being the application Smith of William Leo and Velma Estelle Smith, 409 South Pacific, Santa Ana, to permit construction of four units on 7,132.22 square feet of land area (1,783 square feet per unit) located at 1613 Santa Ana Avenue, was presented together with the recommendation of the Planning Commission for approval subject to to the following:_ 1) 4 foot residential sidewalks for the width of the property at applicant's expense, under the direction of the City Engineer. 2) 2-1 off-street parking under direction of the Director of Planning. After discussion it was moved by Councilman Wilson, seconded by Councilman Pinkley, and carried, that the application be approved sub- ject to the recommendations of the Planning Commission. Variance 931 Variance application No. 931, being the application Bishop of Douglas F. Bishop, 7+29 East Third Street, Downey, to -permit occupancy parking requirement to be reduced from 35 spaces to 31 spaces at the southeast corner of West 19th Street and Monrovia was presented to- gether with the recommendation of the Planning Com- mission for approval per plot plan attached and made a part of -the application. Mr. Bishop was present on behalf of his application and discussed with the Council the.fact that his building and parking had been arranged under Ordinance No. 32. The Planning Director and City Attorney discussed the parking situation with Mr. Bishop and upon returning to the Chambers the City Attorney informed the City Council that in checking the records of the issuance of the Building Permit he found that in February certain plans for building had been filed and approved by Planning and Building Departments and at that time he had sufficient parking of 28 spaces. In May Mr. Bishop filed revised plans with the Building Department, but these plans were never taken from the Building Depart- ment to the Planning Department, and therefore had not been approved by the Planning Department, but the plans clearly showed the uses for the buildings to be constructed, thereby leading Mr. Bishop to believe that he had met all the requirements of the City on parking and construction inasmuch as the permits had been issued. The City Attorney stated that under the old Ordinance No. 32 Mr. Bishop had met all the parking requirements and that he felt that this had been an error on the part of the City that the revised plans were not checked. Thereupon it was moved by Councilman Smith, seconded by Councilman Rea, and carried, that this use was covered by Ordinance No. 32 and that under the old ordinance all the requirements as to parking were approved by the City on the basis of the use asked for. Variance 932 Variance application No. 932 being the application of Tjaden Fred R. Tjaden, 2038 Meyer Place, to permit construction of two additional units making a total of four units on 11,206 square feet of land area (2801 square feet per unit) and to encroach 15 feet into required 25 foot rear yard setback at 2037 Anaheim was presented together with the recommendation of the Planning Commission for approval subject to 1) Installation of residential sidewalks along the width of the property, at his expense, under direction of City Engineer or sign an agreement that within a three year period applicant will install these sidewalks or will join in on a Sidewalk Improvement Program, subject to the.approval of the City Attorney; 2) 2-1 off-street parking under the direction of the Director of Planning. After discussion it was moved by Councilman Rea, seconded by Councilman Wilson, and carried, that the application be approved subject to the recommendations of the Planning Commission. Variance 933 Variance application No. 933 being the application Fields of Ray M. Fields, 807 I -Test l9th Street, to permit construction of an additional single family residence, to convert the existing duplex into a single family residence making a total of two single family resi- dences at 224-226 Costa Mesa Street was presented together with the recommendation of the Planning Com- mission for approval subject to the following; 1) Installation of residential sidewalks under the direction of the City Engineer, along the width of the property at owner's expense, or sign an agree- ment that irithin a three year period applicant will install these sidewalks or brill join in on a Side- walk Improvement Program, subject to the approval of the City Attorney; 2) Dedication to the City of Costa Mesa for street purposes all land 30 feet from the center line of existing Costa Mesa Street; 3) Off-street parking under direction of the Director of Planning. After discussion it was moved by Council- man Wilson, seconded by Councilman Pinkley, and carried, that the application be approved subject to the recommendations of the Planning Commission. Variance 935 Variance application No. 935 being the application of Jordan Paul and Minowa Jordan, 843 Cortez Street, to permit encroachment of 2 feet into required 3 feet side yard setback for construction of a detached accessory building (bathroom and studio) at 843 Cortez Street was presented together with the recommendation of the Planning Com- mission for approval subject to the following: 1) That applicant be allowed to build the accessory structure to the property line; 2) That the structure is to be used for studio and dressing and/or showering facilities for the pool only and not as living quarters. Represent- ative of the applicants were present and discussed the application with the Council. After discussion it was moved by Councilman Smith, seconded by Councilman Rea, and carried, that the application be approved subject to the recommendations of the Planning Commission. Conditional Use Conditional Use Permit C-11 for Clarence D. Woodward, Permit C-11 231 Sherwood, to construct two units in addition to Woodward three existing units on 14,400 square feet of land area (2880 square feet per unit) in an Rl zone was presented together with the recommendations of the Planning Commission for approval for one unit only with 2-1 off-street parking under direction of the Director of Planning. After discussion it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the recommendation of the Planning Com- mission for one unit with 2-1 off-street parking be upheld. PERMITS Upon motion by Councilman Pinkley, seconded by Council- man Smith, and carried, permit was granted to Hurry Bell for a yearly dance license at 2023 Harbor Boulevard, subject to the approval of the Chief of Police. Upon motion by Councilman Pinkl.ey, seconded by Council- man Wilson, and carried, permit was granted for the overhead banner,welcoming the PGA Golf Tournament to be located 171 feet north of Adams on Harbor Boulevard by the Chamber of Commerce. Upon motion by Councilman Smith, seconded by Council- man Wilson, and carried, permit was granted to the Orange Coast College Alumni Council to have a Home- coming Parade on October 21, subject to the approval of the Chief of Police. Solicitation of Notice of Intention to Solicit for Charitable Funds Purpose by Coastline Chapter, American Association for United Nations, 118 East Ocean Front, Balboa, to solicit funds under the Trick or.Treat program for United Nations International Emergency Children's Fund (UNICEF) for one day, October 31, 1961, was presented. Miss Harriet Gould addressed the Council on the request. After discussion it was moved by Councilman Smith, seconded by Councilman ,Milson, and carried, that the request for waiving of conditions set forth in Sub -section 691+ j of the Costa Mesa Municipal Code be denied. Warrant Resolution Upon motion by Councilman Pinkley, seconded by 264 Councilman Rea, Warrant Resolution No. 264, in- cluding Payroll No. 177 was adopted by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Written Communi- The Clerk read the report of the City Engineer on cations the complaint At the meeting of September 5, by Mr. Means Complaint Frank L. Means, 2376 Elden Avenue and Mr. A. H. Hersh, 2375 Elden Avenue concerning the grades on Elden Avenue. Mr. Means was present and stated that he would have a serious flood problem due to the grades, in that if the driveway approach was fixed the water from the street would not get on his property but the water on his property would not drain properly. After discus- sion it was moved by Councilman Pinkley, seconded by Councilman Wilson that the City Manager take care of seeing that the water from the City Street does not drain on to Mr. Means property and that the City Engineer inspect Mr. Means property to help him with a solution to his drainage problem. Avocado Street Upon motion by Councilman Wilson, seconded by Council - Extension man Rea, and carried, the com=ication of Francis P. Rudnicki, 2222 Miner Street regarding the extension of the west end of Avocado Street to Harbor Boulevard was referred to the Planning Commission and Traffic Commis- sion for study and report back to the Council their findings. Alcoholic Beverage Upon motion by Councilman Pinkley, seconded by Council - Control man Rea, and carried, the following reports of the Alcoholic Beverage Control were received and ordered filed: neer on sale beer, Anthony and Mary Giuliano,: 1932 Wallace Street; new on -sale beer, Me -N -Ed's Pizza Parlor, 410 East 17th Street; person to person transfer of on -sale beer, Howard and Kathleen Stubas, 1728 Newport Boulevard. Alcoholic Beverage Upon motion by Councilman Smith, seconded by Councilman Control - Fenn Pinkley, and carried, because the application for a new on -sale beer license had been made by Barriston T. Fenn for "Frankenstein's" at 1700 Placentia prior to adoption of the new Zoning Ordinance, the application was received and ordered filed. United States Day Upon motion by Councilman Wilson, seconded by Councilman Smith, and carried, a resolution was adopted recognizing United States Day on October 23, 1961. Written Communi- Upon motion by Councilman lrTilson, seconded by cations Councilman Rea, and carried, the following written Continued commtuzications were received and ordered filed: Associated Chambers of Commerce of Orange County re: Installation of Water Meters Report of Boundary Commission_ on First Addition to Superior Avenue Annexation to the City of Costa Mesa Controller of the State of California on Apportionment of Trailer Coach Fees California Horse Racing Board acknowledging receipt of letter supporting thoroughbred races at Los Alamitos Raymond Y. Shelton regarding sale of his property. Oral Communication The Mayor then inquired if there were anyone present i.-Tishing to speak on some item not on the agenda. Bodman Thereupon Vivian Bodman, 2135 Wallace, spoke informing the Council that on March 6 and March 20, the Council had protested her new on -sale beer license at 771 Baker Street on improper zoning but this had been over- ruled by.the State on June 14 but to the State not sending her the license prior to the effective date of the new Zoning Ordinance she was not not in the proper zone and they would not issue the license to her. After discussion it was moved by Councilman Smith, seconded by Councilman Pinkley and carried that inasmuch as this had been approved by the State prior to the effective date of the new ordinance the protest of the City Council be withdrawn by the City Attorney. Polikhetis Pantelia Polikh.etis, 1930 Placentia, spoke to the Council, requesting them to withdraw their protest on the on -sale beer license for Del's Coffee Shop at 1930 Placentia inasmuch as this business had been located at 1930 Placentia for two years and was not a new commercial business. After discussion, it was moved by Councilman Pinkley, seconded by Councilman Smith, and carried, that inasmuch as this business had been at this location in an 141. zone for two years the protest of the City Council be withdrawn by the City Attorney. City Manager's The City Manager informed the Council that the new Fire Report Truck purchased from American La France would be ready New Fire Truck for delivery October 15, and that inasmuch as the Fire Delivery Chief will be going east for his vacation at the same time he could return the truck to the City, thereby breaking it in for immediate service. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Wilson, and carried, that the Fire Chief be authorized to pick up the new fire truck from American La France in New York and drive it back to Costa Mesa, and account for the money given him for this purpose by American La France. Sidewalk on The City Manager informed the Council that he had con - Fairview Road tatted Orange Coast College and Costa Mesa High School concerning the pedestrian traffic on Fairview Road and that a temporary sidewalk was to be installed on the east side of Fairview Road from Baker Street at the cost of $3,500.00. He had received a verbal agreement from Max. Russell, Superintendent of the High School District on sharing the cost of the project and from Dr. Peterson who stated they would share the cost but that this was not a precendential action on the part of Orange Coast College. After discussion it was moved by Councilman Rea, seconded by Councilman Pinkley 0 that the City Manager be instructed to see that this temporary solution be worked out at a cost not. to exceed $3,500.00. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Adjournment Upon motion by Councilman Meyers, seconded by Councilman Pinkley, and carried, the meeting adjourned at 11:18 p.m. Mayor ef th y of Costa Mesa ATTEST: City Clerk of the City of Costa Mesa 1