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HomeMy WebLinkAbout11/06/1961 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY.OF COSTA MESA November 6, 1961 The City Council of the City of Costa Mesa, California met in regular session -at 7:30 o'clock p.m., November 6, 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 Reverend John Donaldson. ROLL CALL Councilmen Present: Wilson, Rea, Pinkley, Smith, Meyers Councilmen Absent: None Officials Present: City Manager, City Attorney, City Engineer, Director of Public, Chief Deputy City Clerk Presentation of Police Chief McKenzie presented to the City Council the California Cities California Cities Employee Safety Contest Award which Employee Safety he had received at the annual Izague of Cities Conven- Contest Award tion on behalf of the City... The Council commended the employees on the attainment of the safety record and the Mayor presented the award to William Savage, Presi- dent of the Costa Mesa Employees' Association. Minutes Upon motion by Councilman Pinkley, seconded by Councilman October 16, 1961 Rea, and carried; the minutes of the regular meeting of October 16, 1961, were approved as written and previously distributed. PUBLIC HEARING The Mayor announced that this was the time and place set Adams Avenue Set- for the public hearing on setback lines for Adams Avenue, backs Referred back on both sides, 70 feet from the center line of existing to Planning Com- Adams Avenue from Harbor Boulevard westerly to the east - mission erly boundary of Tract No. 4008. The Clerk reported that the notice of said hearing had been duly published and the affidavit was on file in his office. He re- ported no.written communications had been received. The Clerk read the recommendation of the Planning Commission recommending the adoption of a setback ordinance establish- ing building setback lines on both sides of Adams Avenue of 70 feet from the center line. The Mayor then inquired if there were anyone present wishing to speak. No one desiring.to.speak it was moved by Councilman Smith, seconded by Councilman Wilson, and carried, .that the public hearing be closed. Thereupon the Council inquired of the Director of Planning if both sides of Adams Avenue were included as the map showed only the north side. The Director of Planning informed the Council that a study was being made on the setback for the south side of Adams and this should be for the north side only. Thereupon it was moved by Councilman Rea, seconded by Councilman Wilson, and carried, that the proposed building setback lines for Adams Avenue be referred back to the Planning Commission for their recommendation of the north side only. PUBLIC HEARING The Mayor announced that this was the time and place Talbert Avenue set for the public hearing on setback lines for Talbert Setbacks Avenue on the south side, 65 feet from the center line of existing Talbert Avenue from Harbor Boulevard west- erly to the present Costa Mesa boundary line. The Clerk reported notice of said hearing had been duly published and the affidavit was on file in his office. He reported no written communications had been received and read the recommendation of the Planning Commission for adoption of a setback ordinance establishing setback lines on the south side of Talbert Avenue of 65.00 feet from the center 1 1 1 Huscroft Agreement The City Attorney presented to the Council a proposed Monrovia Avenue agreement between the City and William A. and Marilyn Improvement Huscroft in the sum of -$750.00 for the right of way District for Babcock Avenue in connection with the Monrovia Avenue Improvement District and recommended approval. There- upon it was moved by Councilman Pinkley, seconded by Councilman Wilson, that the agreement be approved and the Mayor and City Clerk be authorized to sign said agreement on behalf of the City. The motion carried by the following line of existing Talbert Avenue from Harbor Boulevard westerly to the present Costa Mesa boundary line. The Mayor then inquired -if there were anyone present -wri shing to be heard. No one wishing to be heard it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the public hearing be,closed. Thereupon it was moved by Councilman Pinkley, seconded by Council- man Smith that first reading be given to Ordinance No. 411 being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING.BUILDING SETBACKS ON THE SOUTH SIDE OF TALBERT AVENUE BETWEEN HARBOR BOULEVARD AND.THE WESTERLY CITY LIMITS. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Reports The City Attorney informed the Council that the 1961 City Attorney Legislature had made certain changes and amendments to ORDINANCE 412 local sales .and use tax ordinances administered by the First Reading State Board of Equalization and therefore it would be Sales and Use necessary to amend the Ordinances to bring them in con - Taxes formity with the recent changes. Thereupon it was moved by Councilman Smith, seconded by Councilman Pinkley, that Ordinance No. 412, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING CERTAIN SEC- TIONS OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA RELATING TO SALES AND USE TAX be given first reading. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE 413 First Reading The City Attorney informed the Council that the Orange County Board of Supervisors had increased the fees for Pound Fees pound services at the County Pound and in order to bring city fees charged for these services at the County pound into conformity it would be necessary to amend the exist- ing Ordinance to include fees of $2.00 for dog or other small animal and $5.00 for large animals. Therefore it was moved by Councilman Wilson, seconded by Councilman Pinkley, that Ordinance No. 413 being AN ORDINANCE OF THE CITY OF COSTA MESA AMENDING SECTION 5137 OF THE MUNICIPAL CODE be given first reading as an urgency ordinance. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Fazio Agreement The City Attorney presented to the Council a proposed Monrovia Avenue agreement between the City and Vincent and Vita Fazio Improvement in the sum of $1,400.00 for replacement of trees, shrubs, District fences, etc., in connection with the Monrovia Avenue Improvement District and recommended approval. Thereupon it was moved -by Councilman Rea, seconded by Councilman Pinkley, that the agreement be approved and the Mayor and City Clerk be authorized to sign said agreement on behalf of the City. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Huscroft Agreement The City Attorney presented to the Council a proposed Monrovia Avenue agreement between the City and William A. and Marilyn Improvement Huscroft in the sum of -$750.00 for the right of way District for Babcock Avenue in connection with the Monrovia Avenue Improvement District and recommended approval. There- upon it was moved by Councilman Pinkley, seconded by Councilman Wilson, that the agreement be approved and the Mayor and City Clerk be authorized to sign said agreement on behalf of the City. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Porter Agreement The City Attorney presented to the Council a proposed Ford Road agreement -between the City and Ellis N. and Laura A. Porter in the sum of $29,000.00 for acquisition of certain property for Ford Road and recommended ap- proval. Thereupon it was moved by Councilman Pinkley, seconded by -Councilman Rea that the agreement be approved and the sum be paid by the Director of Finance to Ellis N. and Laura A. Porter prior to the next Council meeting, and the Mayor and City Clerk be authorized to sign said agreement -on behalf of the City. The motion carried by the following roll call vote: . AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Durante Communica- The City Attorney informed the Council that the City tion had received a communication from Mario Durante, Director of the Costa Mesa County Water District concerning the office of City Councilman and Director of a County Water District, together with a copy of a letter from the Attorney General's Office. The City Attorney informed the Council that he had written an opinion that there was no conflict of interest between the two offices and had also contacted the Attorney General's Office concerning their letter. He also informed the Council that the Attorney for the Costa Mesa County Water District had written the same opinion that there was no conflict of interest between the two offices, and he would recommend that he be instructed to send to Mr. Durante a copy of his opinion and also inform him of the conversation with the Attorney General's office. Thereupon it was moved by Councilman Wilson, seconded by Councilman Rea that the City Attorney be instructed to send to Mr. Durante a copy of his opinion and also inform him of the conversation with the Attorney General's office. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Meyers NOES: Councilmen_: None ABSENT: Councilmen: None ABSTAINING: Councilmen: Pinkley PUBLIC HEARING The Mayor announced that the hour of 8:00 o'clock p.m. Monrovia Avenue having arrived, this was the time and place fixed by the Improvement City Council of the City of Costa Mesa, California, District for hearing on the report for the improvement.of Monrovia Avenue and certain other streets, alleys and easements in said City and territory adjacent thereto, under the provisions of Division 4 of the Streets and Highways Code of the State of California. The Clerk reported that notice of the hearing under the Division 4 was given by mail as provided in said Division, and that said notices were mailed more than 30 days prior to the date fixed for hearing, and that an affidavit showing such compliance is on file in his office. The Mayor announced that prior to the consideration of protests it is necessary that the report under Division 4 of said Code be read to the Council. Whereupon the report, except as to the map, plat, or diagram, and the assessed valuations and true valuations of, and assessments and estimated assessments upon each parcel of land, was read to the Council. I -r r- 50" The Mayor then inquired of the Clerk if any written protests or objections had been filed. The Clerk re- ported that certain written protests had been filed with him prior to the time set for the hearing. The Clerk then read to the Council all of said protests. The Mayor then asked if any person then present desired to orally protest or to speak in support of any written protest filed. All persons having been given an opportunity to protest and to speak in support of such protest, and no person de- siring to be heard, the motion was made by Councilman Wilson, seconded by Councilman Pinkley and unanimously carried that all protests received be referred to the City Engineer for report and computation as to the per- centage of the area represented thereby. .The City Engineer reported that the protests represented less than 50% of the total area of the assessment district. After a full, fair and impartial hearing and an opportunity having been given to all persons desiring to be heard, it was moved by Councilman Wilson, seconded by Councilman Pinkley, and unanimously carried that all protests, both oral and written, be overruled and denied upon the finding that all protests, are made by the owners of less than one-half of the area of the property to be assessed for the acquisition and improvement. The City Council having before it the report and the plat of the assessment district, and being familiar with both, and having considered all protests filed, and the character and nature of the proposed acquisition and the proposed work and the necessity for the same, and determined that the public interest, convenience and necessity required the acquisition and the improvement as substantially set forth in the report, and also having considered the matter as to the area of the property to be assessed for the said acquisition and improvement, Councilman Smith presented Resolution No. 897 and moved its adoption. RESOLUTION N0. 897 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CALIFORNIA, DETERMINING RESULTS OF HEARING, OVERRULING PRO- TESTS, DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE CERTAIN ACQUISITION, WORK OR IMPROVE- MENT OF MONROVIA AVENUE AND CERTAIN OTHER STREETS, ALLEYS AND EASEMENTS, SUBSTANTIALLY AS SET FORTH IN REPORT ON PROJECT FILED UNDER THE "SPECIAL ASSESSMENT, INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931; AND DETERMINING' THAT SAID PROJECT IS FEASIBLE,.AND MAKING OTHER DETERMINATIONS. WHEREAS, this City Council has heretofore taken steps provided by Sections 2821, 2822 and 2823 of the Streets and Highways Code of the State of California, said Sections being a part of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931," being Division 4 of the Streets and Highways Code of the State of California, for certain acquisition, work or improvement in the City of Costa Mesa, California, and adjacent territory thereto, and WHEREAS, this City Council directed Laurence J. Thompson to procure the required information and prepare and present to this City Council the written report on said acquisition, work and improvement required by the above Act, and WHEREAS, said report has been presented to this City Council and_approved and ordered filed by this City Council, and WHEREAS, by Resolution, this City Council fixed a time and place for hearing by it on said report, and WHEREAS, notice of said hearing was mailed as required by said Act, and WHEREAS, at the time and place so fixed, a hearing was duly held by this City Council at which all written protests or objections were presented, read, and all persons desiring to be heard thereon were heard in respect to any matter relating to said report, said re- port, said acquisition, said work or improvement, or any of the proceedings therefor, and WHEREAS, all persons desiring to appear and to be heard were heard at said hearing, and said hearing has been regularly held; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That said report contains all the matters and things required by law and that notice of hearing on the proposed project generally described therein has been duly and regularly given. SECTION 2. That no written protest has been filed with the Clerk of this City Council by the owners of one-half of the area of the property to be assessed for said pro- posed acquisition, work or improvement and there is no majority protest as provided in Section 2931 of said Streets and Highways Code, against only a portion of said proposed acquisition, work or improvement. SECTION 3. That all protests and objections be and the same are hereby overruled and denied. SECTION 4. That the public interest, convenience and necessity required the acquisition, work or improvement substantially as set forth in said report; that the project for said acquisition, work or improvement is feasible; that the lands to be assessed for said acqui- sition and work will be able to carry the burden of the proposed assessment for said acquisition and work and that the limitations as set forth in said Division 4 may be and shall be disregarded, both with respect to the limitation on the district as a whole and as to the limitation on individual specific assessments. SECTION 5. That by this Resolution it is the intention of this City Council to disregard the limitations set forth in Division 4 by making all findings and deter- minations by the affirmative four-fifts vote of all members thereof, as to necessity, feasibility and that the lands to be assessed will be able to carry the bur- den of such proposed assessment. PASSED AND ADOPTED this 6th day of November, 1961. Said motion to adopt said Resolution No..897, was duly seconded by Councilman Pinkley and unanimously adopted by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Upon motion by Councilman Wilson, seconded by Councilman Pinkley, and unanimously carried, the hearing was closed. Upon motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, the City Attorney and City Engineer were instructed to report to the Council their recom- mendations on any proposed changes from and decreases in the work proposed to be done as shown on the report. Councilman Rea left the Chambers at this point. Reports The City Engineer recommended to the City Council City Engineer that the contract for the Santa Isabel Storm Channel, Santa Isabel Storm Unit 2, be awarded to Paul H. Suckow in the amount Channel bid Award of $52,718.51. Thereupon it was moved by Councilman Paul H. Suckow Pinkley, seconded by Councilman Wilson, and carried, with Councilman Rea being absent, that the contract for the Santa Isabel Storm Channel be awarded to Paul H. Suckow in the amount of $52,718.51.. Director of The Director of Public Works informed the Council that Public Works the Traffic Commission and the Traffic Division of the ORDINANCE NO. 414 Police Department have investigated the west and north First Reading sections of the City and recommended certain through Through Streets streets. After discussion it was moved by Councilman Smith, seconded by Councilman Pinkley, that Ordinance Councilman Rea returned to the Chambers at this point. Tract 4157 The City Engineer recommended to the City Council that 85 per cent 85 per cent of the cash bond of $4,428.40 posted by the of cash bond re- subdivider of Tract No. 4157, or $3,764.14, be refunded funded at this time inasmuch as the sewer system is now installed. Thereupon it was moved by Councilman Smith, seconded by Councilman Wilson, that $3,764.14 of the cash bond be refunded to the subdivider and the Director of Finance be authorized to pay said amount prior to the next Council meeting. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None -ABSENT: Councilmen: None Final Tract 4281 The City Engineer presented the Final map of Tract No. K & K Development 4281 for K & K Development Company to subdivide 12.55 Company acres into 46 lots located on the north side of Baker RESOLUTION 898 easterly of Fairview Road, together with a contract bond for faithful performance, labor and material, in the amount of $77,300.00, a certified check in the amount of -$8,751.88 and signed Agreement. It was moved by Councilman Wilson, seconded by Councilman Pinkley, that Resolution No. 898, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE MAP OF TRACT NO. 4281 AND ACCEPTING THE STREETS AND ALLEYS SHOWN THEREON FOR.PUBLIC USE FOR HIGHWAY PURPOSES AND AUTHORIZING THE CITY CLERK TO SIGN SAID MAP AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Final Tract 4311 The -City Engineer presented the Final map of Tract No. Lincoln Savings 4311 for Lincoln Savings and Loan Association to sub - and Loan Associa- divide 23.25 acres into 90 lots located on the north tion side of Adams Avenue in the Mesa Verde area, together RESOLUTION 899 with a'contract bond for faithful performance, labor and material, in the amount of $172,000.00, a certified check in the amount of $16,083.70 and signed Agreement. It was moved by Councilman Pinkley, seconded by Council- man Rea, that Resolution No. 899 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE MAP OF TRACT NO. 4311 AND ACCEPTING THE STREETS AND ALLEYS SHOWN THEREON FOR PUBLIC USE FOR HIGHWAY PURPOSES AND AUTHORIZING THE CITY CLERK TO SIGN SAID MAP AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE AGREE- MENT be adopted. The motion carried by the following roll_ call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ' ABSENT: Councilmen: None Director of The Director of Public Works informed the Council that Public Works the Traffic Commission and the Traffic Division of the ORDINANCE NO. 414 Police Department have investigated the west and north First Reading sections of the City and recommended certain through Through Streets streets. After discussion it was moved by Councilman Smith, seconded by Councilman Pinkley, that Ordinance No. 414 being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTIONS 3464 AND 3465 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA, DESIGNATING CERTAIN THROUGH STREETS AND ESTABLISHING CERTAIN.STOP INTERSECTIONS, be given first reading. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Departmental Upon motion by Councilman Wilson, seconded by Council- man Rea, and carried, the departmental reports of Street, Building Safety, Police, Planning, Poundmaster, Fire and Finance for 10 free permission letters were received and ordered filed. ORDINANCE NO. 394 Second Reading deferred to December 1+, 1961 The Clerk read a communi Rados Enterprises, reque ferred for . second readin permit him to complete h Corporation for the box channel. Thereupon it v seconded by Councilman W reading of Ordinance No. of December 4, 1961. cation from Alexander S. Rados, sting Ordinance No. 394 be de- g until December 4, 1961, to is negotiations with Macco culvert across the flood control as moved by Councilman Pinkley, ilson, and carried, that second 394 be deferred to the meeting ORDINANCE N0. 1+01+ Upon motion by Councilman Pinkley, seconded by Councilman Second Reading Rea, Ordinance No. 404 being AN ORDINANCE OF THE CITY River 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 "RIVER NO. 3 ANNEXATION" be 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 N0. 405 Upon motion by Councilman Smith, seconded by Council - Second Reading man Pinkley, Ordinance No. 405, being AN ORDINANCE OF Rezone 141-A THE.CITY COUNCIL:OF THE CITY OF COSTA MESA CHANGING Initiated by THE ZONING OF AN AREA SOUTH OF 18TH STREET AT ORANGE Planning Commis- AVENUE AND ON BOTH SIDES OF ROCHESTER STREET FROM Cl sion AND R2 TO AP, was given second reading and adopted by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE N0. 1+06 Upon motion by Councilman Wilson, seconded by Council - Second Reading man Pinkley; Ordinance No. 406 being AN ORDINANCE OF THE Rezone No. 150 CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE Dike and Colegrove ZONING OF A PORTION OF LOT 29, FAIRVIEW FARMS TRACT, Incorporated FROM R2 TO R4 was given second reading and adopted by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ORDINANCE N0. 407 ABSENT:. Councilmen: None Upon motion by Councilman Rea, seconded by Council - Second Reading man Pinkley, Ordinance No. 1+07, being AN ORDINANCE Rezone No. 151 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING Initiated by Plan- THE ZONING OF A PORTION OF LOT 1 OF TRACT NO. 1083 FROM ning Commission C2 TO M1 was given second reading and adopted by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE NO. 4o8 Upon motion by Councilman Smith, seconded by Council- Second Reading man Wilson, Ordinance No. 408 being AN ORDINANCE OF Rezone No. 152 THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING Sullivan THE ZONING OF A_PORTION OF.LOT NO. 705, NEWPORT MESA TRACT FROM R2-TO R4.was given,second reading and adopted by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE N0. 409 Upon motion by Councilman Rea, seconded by Council- Second Reading man Pinkley, Ordinance No. 409 being AN ORDINANCE OF Rezone No. 154 THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING Initiated by THE ZONING OF A PORTION OF LOT NO. 292 FAIRVIEW FARMS Planning Com- TRACT, FROM R2 TO R4, was given second reading and mission adopted by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers _ NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE N0. 410 Upon motion by Councilman Smith, seconded by Council-. Second Reading man Pinkley, Ordinance No. 410 being AN ORDINANCE OF Truck Routes THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTION 3+57 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA TO REGULATE THE USE OF TRUCK ROUTES BY TRUCKS ORIGINATING WITHIN THE CITY was given second reading and adopted by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Conditional Use Conditional Use Permit C-19 for Hudson Thomas, 777 Permit C-19 Hamilton Street, to permit the operation of a wheel Thomas alignment, brake-lining and muffler installation service in an M1 zone at 777 Hamilton Street was again presented having been deferred from the meeting of October 16s 1961, to permit Mr. Thomas to meet with the City Attorney on a proposed agreement for dedication of land for pro- posed Palace Avenue. Mr. Thomas was present and stated he still did not want to dedicate any portion of his land or to install commercial sidewalks. After a lengthy discussion it was moved by Councilman Pinkley, seconded. by Councilman Rea, and carried, that the permit be ap- proved subject to condition No. 1 of the Planning Commission and that Conditions No. 2 and No. 3 be deleted. Vehicle Parking The Mayor moved that Gene Aldrich be reappointed for a District II - three year term to the board of Vehicle Parking District Gene Aldrich No. II to expire November 19, 1964. The motion was reappointed seconded by Councilman Wilson, and unanimously carried. RESOLUTION 900 The Clerk presented proposed Twichell. No. 1 Annexation Twichell No. 1 to the City and stated the Orange County Boundary Com- Annexation mission had approved the annexation.. Thereupon it was moved by Councilman Wilson, seconded by Councilman Rea that Resolution No. 900 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA OF INTENTION TO ANNEX A CERTAIN UNINHABITED AREA DESIGNATED AS TWICHELL NO.' 1 ANNEXATION, AND GIVING NOTICE THEREOF be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers .NOES: Councilmen: None ABSENT: Councilmen.: None (Sets public hearing for December 4, 1961, at 7:30 p.m.) Tentative Tract Tentative Map of Tract No. 4395, Study X, for K & K 4395-X Development Company, 155.5 Placentia Avenue, Newport K & K Development Beach, to divide property described as.Lot 5 and a Company portion of Lot 4 of the Berry Tract, located on the northeast corner of Baker and Fairview into 60 lots was presented together with the recommendation of the Planning Commission for approval subject to the follow- ing conditions: 1) Subject to all the requirements of the City Engineer, dated September 11, 1961. 2) That the street names be under the direction of the Director of Planning. 3) All the requirements of the Director of Planning. After discussion it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the tract be approved subject to the recommendations of the Planning Commission. ORDINANCE NO. 415 The abandonment of Orange Street for street purposes First Reading from Adams Avenue to Mesa Verde Drive was presented Orange Street together with the recommendation of the Planning Abandonment Commission for approval. Thereupon it was moved by Councilman Rea, seconded by Councilman Wilson, that Ordinance No. 415 being AN ORDINANCE OF THE CITY COUNCIL.OF THE CITY OF COSTA MESA DECLARING ITS IN- TENTION TO ORDER THE VACATION FOR STREET PURPOSES OF THAT PORTION OF ORANGE STREET BETWEEN ADAMS AVENUE AND MESA VERDE DRIVE IN THE CITY OF COSTA MESA be given first reading. The motion carried by the follow- ing roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None (Sets public hearing December 18, 1961, at 7:30 o'clock P.M.) Public Hearings Upon motion by Councilman Wilson, seconded by Council- Set.for November man Rea, and carried, Public Hearings were set for 20, 1961 November 20, 1961, at 7:30 o'clock p.m., or as soon thereafter as possible in the Council Chambers of the City Hall for the following: 1. Rezone Petition No. 107-A, to rezone from C2, R21 and Rl to I & R property known as Orange Coast College, Orange County Fairground, Southern Cali- fornia College, Costa Mesa High School, Maud B. Davis School, proposed 50 acre Costa Mesa Park, and the National Guard Armory Site. 2. Rezone Petition 153-A, initiated by the Planning _Commission to rezone from Cl to Rl Lots 1-60, Tentative Tract 4395 located between Fairview Road and Cocoa Palm Drive and between Baker Street and Paularino. 3. Rezone Petition 155, Gray and Mullins, 10911 Atlantic Avenue, Lynwood, to rezone from C2 and R2 to Cl -s property located on the southeast corner of Wilson Street and Harbor Boulevard. 4. Rezone Petition 156, Ethal and John Gaffey, 361 Avocado Street, to rezone from R2 to R4 property at 361 Avocado Street. 5. Rezone Petition 157, initiated by Planning Commission to rezone from R2 to R3 and R4 property located between Santa Ana Avenue and Westminster Avenue, southerly of East 18th Street. Right of Way Upon motion by Councilman Pinkley, seconded by Council - Deeds man Rea, 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 1 1 1 Right of Way DATE NAME FOR STREETS Deeds (Cont.) 11-2-61 Lincoln Savings & Loan Mesa Verde Drive 9-27-61 Vincent and Vita Fazio Sunset Drive 3-6-61 Dorothy O'Hara Inc. Babcock Avenue 10-10-61 Anton H® Segerstrom et al Mesa Verde Drive and & Harbor Blvd. Leasing Corp. Adams Avenue 10-3-61 Louis H. & Frances L. Reinkins Bristol Street 10-26-61 E. Linwood & Eleanor N. Vick W. 19th Street & Frank S. & Virginia N. James 9-28-61 Archdioces of Los Angeles Edu- cation and Welfare Corp. Mendoza Drive 10-5-61 Surburbanite Mobile Homes Estates, Inc. Bristol Street Claim for Damages Upon motion by Councilman Pinkley, seconded by Council - R. M. Vernon man Rea, and carried, the Claim for Damages by R. M. Vernon was referred to the City Attorney. Claim for Damages Upon motion by Councilman Wilson, seconded by Council - Francis A. and man Pinkley, and carried, the Claim for Damages by Betty Jane Tyler Francis A. Tyler and Betty Jane Tyler was denied and the City Clerk authorized to advise the claimants, as recommended by the City Attorney. Variance 831-A Variance application No. 831-A for Park -Fairmont, Incor- Park-Fairmont, porated, 119 Cabrillo Street, to permit construction of Incorporated `6 units as per revised plot plan attached to and made a part of the variance, in addition to existing 20 units on 6+1081 square feet of land area located fronting on Wilson Street on the north and Congress Street on the south, easterly of Placentia Avenue, was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) Two for one off- street parking under the direction of the Director of Planning. 2) Dedication to the City of Costa Mesa for street poses of 30 feet for the extension of Congress Street. I That the northerly one-half of Congress Street be improved by the applicant, at his expense, under the direction of the City Engineer. Said improvements to include curbs, gutters, base, pavement, concrete drive- way approaches and residential sidewalks. 4) That the applicant installs a block wall, not to exceed 6 feet in height and not less than 5 feet 6 inches along the westerly property line of this property and that this will be constructed by the applicant prior to his starting any construction. Said wall to be constructed at applicant's expense, subject to the requirements of the Department of Building Safety and the Planning Department. 5) That the applicant installs a solid fence of his own choice, not to exceed 6 feet in height and not lower than 5 feet and 6 inches in height, along the easterly property line, at his expense. 6) That the play area be contained with a fence. 7) That no openings be allowed on the rear of the two story unit (east side) except windows no more than 2 feet 0 inches below the header. 8) That the applicant submits revised plot plans showing the buildings on the east side of the lot instead of on the west side. 9) That the agreement now on file Frith the City be revised, subject to the approval of the City Attorney, so that it will encompass the development requested in this application. The Clerk. reported that new maps dated November 1, 1961, had been received and required. After discussion it was moved by Councilman Wilson, seconded by Councilman Smith, application be approved subject to the recommendations of the Planning Commission and as per the layout shown on the plot plan dated November 1, 1961. „o2 Variance 941 Variance application No. 941, being the application of Seckler Anna I. Seckler, 227 Walnut, Costa Mesa, to permit building one unit in addition to existing unit on 8,10+.80 square feet of land area (4,052.40 square feet per unit) at 227 Walnut Street, was presented, together with the recommend- ation of the Planning Commission for approval subject to the following conditions: 1) That the Plot Plan be corrected to show a front yard setback of 50 feet from the center line of Walnut Street. 2) That the off-street parking be under the direction of the Director of Planning. 3) That the driveway have a minimum width of 12 feet insteak of the 9 feet as shown. 4) Installation of residential sidewalks and concrete driveway approach, by the applicant, at her expense, under the direction of the City Engineer, across the front of this property. Mrs. Seckler was present on behalf of her application. After discussion it was moved by Councilman Wilson, seconded by Councilman Smith, and carried, that the application be approved subject to the recommendations of the Planning Commission with the exception that the residential sidewalk requirement be deleted. Variance 942 Variance application No. 942 being the application of Dike and Colegrove Dike and Colegrove, 1533 Baker Street, to permit en- croaching three feet into required 3 foot setback for the purpose of constructing 35 detached carports on the northerly property lines as per plot plan attached to and made a part of the variance located between Harbor Boulevard and Miner Street, south of Wilson Street, was presented, together with the recommendation of the Planning Commission for approval subject to the follow- ing condition: That the applicant installs, at his ex- pense; an opaque fence not less than 5 feet 6 inches in height and not more than 6 feet in height, along the westerly property -line of this property to screen it from the Rl. After discussion it was moved by Councilman Rea, seconded by Councilman Wilson, and carried, the application was approved subject to the recommendation of the Planning Commission. Variance 944 Variance application No. 944 being the application of Eichler Albert L. Eichler, 406 East 19th Street, to permit a 2 feet encroachment into required 5 foot side yard set- back for addition of dining area and service porch at 406 East 19th Street, was presented, together with the recommendation of the Planning Commission for ap- proval. Upon motion by Councilman Wilson, seconded by Councilman Rea, and carried, the application was ap- proved as recommended. Conditional Use Conditional Use Permit C-22 being the application of Permit C-22 Theta Logan, 1680 Labrador, to operate a foster day Logan care home for children (2 years through 6 years) in the home, for a maximum -of 8 children, Monday through Friday, 7:00 a.m. to 5:00 p.m. at 1680 Labrador was presented together with the recommendation of the Plan- ning Commission for denial because the Commission has been made aware of the existing deed restriction on the properties in Tract 3115 allowing only residential use and due to the number of objections in the sur- rounding neighborhood. The Clerk read a communication in protest from the Mesa.Verde Association, Inc. Mr. John Nettle, 1709 Labrador Drive, was present on behalf of the Association. After discussion it was moved by Councilman Pinkley, seconded by Councilman Rea, and carried, that the action of the Planning Commission for denial be upheld. Conditional Use Conditional Use Permit C-23 for Mesa Del Max Develop - Permit C-23 ment Company, 3800 East Coast Highway, Corona del Max., Mesa Del Max. to permit erection of a 12 foot by 30 foot sign for Development sales aid in Mesa Del Mar Development for a period not Company to exceed 12 months on Lot 80, Tract 4285 was presented together with the recommendation of the Planning Com- mission ratifying the recoiamendation of approval of the Director of Planning on September 21, 1961, subject to a period of one year'or until homes in the Mesa Del Mar Development are sold, whichever is sooner subject to the requirements of the.Department of Building Safety, and that .said sign is to be removed by the applicant at his expense, at the end of one year, and an Agree- ment to this effect shall .be signed by the Applicant subject to the approval of -the City Attorney. Upon motion by Councilman Smith, seconded by Councilman Rea, and carried, permit was granted as recommended. Conditional Use Conditional Use Permit C-24 for K & K Development Company, Permit C-24 1555 Placentia Avenue, Newport Beach, to permit an on-site K & K Develop- subdivision sign to advertise the homes in Tract No. 4232 ment.Company to be located on Lot 47 was presented together with the recommendation of the Planning Commission ratifying the recommendation of approval of the Director of Planning on October 11, 1961, subject to a period of one year or until the homes in Tract 4232 are sold, whichever is sooner, .subject to the requirements of the Department of.BUilding Safety., and that said sign is to be removed by the owner, at his expense, at the end of one year, and an Agreement to this effect signed by the applicant, subject to the approval of the City Attorney. Upon motion by Council- man Rea, seconded by Councilman Pinkley, and carried, permit was granted as recommended. PERMITS Upon motion by Councilman Pinkl.ey, seconded by Council - Boy Scout Parade man.Rea;-and:carried permit was granted to Boy Scouts ofAmerica Orange Empire Council to hold a parade for Cub Pack Units on Saturday, December 16, 1961, begin- ning at 9:30 a.m., subject to the supervision of the Police Chief. ,Fund Raising Upon motion by Councilman Smith, seconded by Council- man .Rea, and carried, Section 691+ j of the Municipal Code was waived for the United Cerebral Palsy Association of Oram County, Incorporated for a fund raising campaign. Zonta Club Upon motion by Councilman-Pinkley, seconded by Council - Christmas Tree Wilson, and carried, Zonta Club of Newport Harbor was granted.permission to erect a 35 foot Christmas Tree at the corner of Harbor Boulevard and Center Street, upon the parking lot of Peters Furniture, and a sound car to announce the program, subject to the approval of the Chief of Police. Downtown Business -Upon motion by Councilman Pinkley, seconded by Council- men's Association man Rea, and carried, permit was granted to the Down - Christmas Decora- town Businessmen's Association of Costa Mesa to erect tions Christmas -Decorations along the sidewalk area on the west side of Newport Avenue from West 18th Street on the south to Broadway on the north. Nick Harris Upon motion by CouncilmanSmith, seconded by Council - Detective man Wilson, and carried, permit was granted to Nick Harris Detectives subject to the recommendations of the Police Chief. Skill Games Upon motion by Councilman Pinkley, seconded by Council- man Wilson, and carried, permit was granted to D & B Sales for 2 skill games at Baker Inn, 771 Baker Street, subject to the recommendations of the Police Chief. Upon motion by Councilman Smith, seconded by Council- man Pinkley, and carried, permit was granted to D & B Sales for 2 skill games at Esquire #1, 2970 Bristol Street,.subject to the approval of the Chief of Police. Christmas Trees Upon motion by Councilman Smith, seconded by Council- man Rea, and carried, permit was granted to Newport Harbor Area Y's Mens Club for a Christmas Tree Stand at 2300 Newport Boulevard, and the fee waived. Warrant Resolu- Upon motion by Councilman Pinkley, seconded by Council - tion 268 man Rea, Warrant Resolution No. 268, including Payroll No. 180 was adopted by the following roll call vote: AYES: Councilmen: Wilson, Smith, Pinkley, Rea, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Warrant Resolu- Upon motion by Councilman Pinkley, seconded by Council - tion 269 man Wilson, Warrant Resolution No. 269 was adopted by the following roll call vote:. AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Written Commun- Upon motion by Councilman Smith, seconded by Council- ications man Pinkley, and carried,.the communication regarding. Fall -Out Shelter Survey from the Governor was received and ordered filed. Sisolak to Upon motion by Councilman Wilson, seconded by Council - City Attorney man Rea, and carried, the communication from John and Poldi Sisolack regarding use of a 200 horse power com- pressor at 1620 Terminal Way was referred to the City Attorney for investigation and he was authorized to take the necessary steps for compliance of the City ordinance should the investigation prove a need. Alcoholic Beverage Upon motion by Councilman Smith, seconded by Council - Control reports man Pinkley, and carried, the reports of the Alcoholic Beverage Control for Edward P. Eisenbeiss, Jack S. Davis and Dorothy; J. and George J. Gaynor were received and ordered filed. Woy to City At- Upon motion by Counciman Smith, seconded by Council- torney man Pinkley, and carried, the communication of Norman N. Woy concerning noise on adjacent property by boys was referred to the City Attorney. Tax relief on fall -Upon motion by Counciman Pinkley, seconded by Council - out shelters man Rea, and carried, the communication from the County Board of Supervisors regarding Tax relief for Fall -out shelters was received and ordered filed. Water Meters Upon motion by Councilman Rea, seconded by Councilman Pinkley, and carried, the communication from the City of Westminster on installation of water meters was received and ordered filed. Roode to Planning Upon motion by Councilman Wilson, seconded by Councilman Commission Smith, and carried, the communication of William R. Roode, Director Building Program, Costa Mesa School District, regarding a new proposed tract located on the southwest side of Santa Ana Avenue approximately 400 feet southeast of 21st Street was received and ordered referred to the Planning Commission. City Managers Report The City Manager presented to the Council a proposed Segerstrom Agreement agreement between the City and C. J. Segerstrom and for improvement of Sons, concerning improvements on Adams Avenue from Adams Avenue Harbor Boulevard to a point approximately 830 feet westerly, whereby;Sege.rstroms will have the work all done at one time and the City agrees to pay for its share of the work of the improvement in the sum of $25, 693.55• After discussion it was moved by Cou.n.cil- man Pinkley, seconded by Councilman Wilson, that the Agreement be approved and the Mayor and City Clerk authorized to sign said agreement on behalf of the City. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Purchase of Library The City Manager recommended to the City Council the. site in Mesa Verde purchase of the new library site in the Mesa Verde area authorized area at the sum of $25,000.00 instead of purchase over a three year period thus relieving the City of paying County taxes on the property. After discussion it was moved by Councilman Rea, seconded by Council- man Pinkley, that the City Manager be instructed to take the necessary.steps to purchase the new library site in the Mesa Verde area at the price of 25,000.00. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Inoperative Oil The City Manager informed the Council of a dangerous Wells to be situation existing on the west side of the City adjacent Abandoned to the 200 foot city boundary strip concerning several inactive oil wells with sumps leaving a salt deposit. After discussion it was moved by Councilman Rea, seconded by Councilman Pinkley, and carried that the City Attorney be instructed to cause these inoperative wells to be abandoned and the slurps to be closed. RESOLUTION 901 The City.Manager informed the Council that a certain Condemnation right of way 20 feet in width should be secured at proceedings for this time for a proposed alley entering north of alley Nineteenth Street west of Placentia. After discussion it was moved by Councilman Wilson, seconded by Council- man Pinkley that Resolution No. 901 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA FINDING, DETERMINING, AND DECLARING THAT THE PUBLIC INTEREST IN NECESSITY REQUIRE THE ACQUISITION OF A CERTAIN EASEMENT AND RIGHT OF WAY FOR ALLEY AND STREET PURPOSES AND AUTHORIZING ACQUISITION OF SAID EASEMENT AND RIGHT OF WAY BY CONDEMNATION, AND DIRECTING THE CITY ATTORNEY TO PROCEED WITH SUCH ACTION. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Rea, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None City Manager to The City Manager informed the Council that he had leave City to received a communication from the Costa Mesa Union Artesia, New Mexico School District inviting and urging him, together with members of the school district, to visit an Artesia, New Mexico, underground elementary school. After discussion it was moved by Councilman Wilson, seconded by Councilman Rea, that the City Manager be authorized to leave the City and to visit Artesia, New Mexico, Adjournment and surrounding area, and granted a 250.00 advance to be accounted for. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Meyers NOES: Councilmen: Smith ABSENT: Councilmen: None Upon motion by Councilman Rea, seconded by Councilman Wilson, and carried, the meeting adjourned at 9:30 p.m. r'/I Mayor -b h C' of Costa Mesa ATTEST: City Clerk of the Cit3F of Costa Mesa r �✓ Chief Deputy City Clerk