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HomeMy WebLinkAbout02/05/1962 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA February 5, 1962 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 o'clock p.m., February 5, 1962, 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 Warren Studer. ROLL CALL Councilmen Present: Wilson, Rea, Pinkley, Smith, Meyers Councilmen Absent: None Officials Present:. City Attorney, City Manager, City Engineer, Chief Deputy City Clerk Minutes Upon motion by Councilman Pinkley, seconded by Council - January 15, 1962 man Rea, and carried, the minutes of the regular meeting January 18, 1962 of January 15, 1962, and the minutes of the adjourned regular meeting of January 18, 1962, were approved as written and previously distributed. RESOLUTION NO. 62-5 It .was moved by Councilman Pinkley, seconded by Council - Commemorating man Wilson that Resolution No. 62-5 be adopted. The Charles TeWinkle motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith Meyers NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTION N0. 62-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA COMMEMORATING THE LONG AND DISTINGUISHED SERVICE OF CHARLES TE WINKLE TO THE CITY OF COSTA MESA AND EXPRESSING THE DEEP REGRET OF ALL THE PEOPLE OF THE CITY IN THE LOSS OF COSTA MESA'S FIRST MAYOR WHEREAS, CHARLES TE WINKLE, first Mayor of the City of Costa Mesa, served his chosen community for more than forty years with unselfish and steadfast devotion to the betterment of his City and the entire Harbor Area; and WHEREAS, as a pioneer civic and business leader, he grew with his community until his name became synonymous with Costa Mesa wherever he was known; and WHEREAS, his vision and foresight helped build a solid foundation for the explosive growth that has trans- formed Costa Mesa from a small country village to the modern and progressive City that exists today; and WHEREAS, the scope of his leadership was not limited, and he was always in the front line of attack on the multitude of business, financial, and civic problems that demanded solution during his long service; and WHEREAS, his name is enrolled among the founders of many of the outstanding institutions in the Harbor Area, and he was one of those who inspired the incorporation of the City of Costa Mesa; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COSTA MESA as elected representatives of the people of Costa Mesa, that this resolution com- memorating the service of Charles TeWinkle be, and the same is hereby ordered spread upon the permanent records of the City; and BE IT FURTHER RESOLVED, that this Council joins with all the people of Costa Mesa in expressing its deep regret at the loss of a distinguished public servant; and BE IT FURTHER RESOLVED, that the•City Clerk is hereby instructed to transmit a certified copy of this resolu- tion to Mrs. TeWinkle. PASSED AND ADOPTED, this 5th day of February, 1962. Report on Councilmen Wilson and Smith reported on their attendance Conference at the California League of Cities conference on Metropolitan Metropolitan Govern- Government, saying it had been an excellent conference and ment the group had unanimously voted for "home rule". It was moved by Councilman Wilson, seconded by Councilman Pinkley, and carried, that the City Clerk be directed to secure a copy of Assembly Bill No. 2728 for the Council to study. Presentation on Boy Eagle Scout Lawrence Peterson presented to the Council Scout Week work done during the past year by the Boy Scouts of the Harbor Area and explained their motto for the coming year - "Build, Serve, Achieve". He presented each of the Councilmen with a Boy Scout pin requesting they wear them during Boy Scout Week, February 7 - 13. Upon motion by Councilman Rea, seconded by Councilman Pinkley a minute resolution was adopted proclaiming Boy Scout Week February 7-13, 1962. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT:: Councilmen: None OPENING OF BIDS The Mayor announced that this was the time and place set Photographic for the opening of bids for Photographic Material. The Equipment Clerk reported that six bids had been received. The bids were then publicly opened, read, and declared as follows: NAME AMOUNT Birns and Sawyer Cine Equipment $ 5,393.75 S. 0. S. Photo -Cine -Optics Incorporated 5,440.40 Lloyd A. Berman 5,259.75 Mears Camera Shop Itemized Bach Auricon, Incorporated No Bid Stilley's Photo Supplies 5,046.70 Reference is hereby made to the bids on file with the City Clerk for all details as to unit prices. Upon motion by Councilman Wilson, seconded by Councilman Rea, and carried, the bids were referred to the City Manager for checking and report back to the Council at the next meeting on February 19, 1962. OPENING OF BIDS The Mayor announced that this was the time and place set Fairview Road for the opening of bids for Water main in Fairview Road Water Main between Baker Street and Huntzinger Avenue. The Clerk reported that twelve bids had been received. The bids were then publicly opened, read, and declared as follows: NAME. James I. Gallacher Company A & B La Dew Engineering Company Hood Corporation Cala Construction Company Leo Weiler Company Royal Pipeline Construction Company Lowe and Watson Construction Company, Incorporated Santa Ana Valley Contractors Incorporated L. L. Dobkins Construction Company I. B. Dixon Company P. J. Barkley Card Construction Company - AMOUNT $ 19,291.20 18,69o.00 23,ol4.68 19,822.69 18,163.92 17,942.92 21,709.00 17,611.80 23,395.56 15,782.08 19,441.60 18,449.04 Reference is hereby made to the bids on file with the City Clerk for all details as to unit prices and kind and class of work to be done. 1 r� Upon motion by Councilman Pinkley, seconded by Councilman Smith, and carried, the bids were referred to the City Engineer for check and report back later in the meeting. Contract awarded The City Engineer reported to the Council later in the I. B. Dixon Company meeting that the bid of the I. B. Dixon Company in the amount of $15,782.08 was the lowest regular bid submitted for said work and recommended that the bid be accepted. Thereupon it was moved by Councilman Rea, seconded by Councilman Pinkley, that the contract be awarded to I. B. Dixon Company for the amount of $15,782.08 and the Mayor and City Clerk be authorized to sign said contract on behalf of the City. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: ,None ABSENT: Councilmen: None PUBLIC HEARING The Mayor announced that this was the time and place set for Continued -Alley the continuation of the public hearing on the proposed abandonment, abandonment of a 15 foot wide alley existing to the rear Tract 659 of Lots 1 and 2, Tract No. 659, located on the north side of East 17th Street, east of Santa Ana Avenue. The Clerk read a communication from Mr. Arthur Jones, attorney for the opposition to Mr. Pickett, representative of the pro- ponents. The Mayor then inquired if there were anyone present wishing to speak. Thereupon Mr. Jones and. Mr. Watson spoke in opposition and Mr. Pickett spoke in favor of the abandonment. After a lengthy discussion as to the improvement of Lot B and request of.the opposition that the proponents pay for the improvement - and the proponents agreeing to pay no more than $1500.00 towards the improve- ment, it was moved by Councilman Smith, seconded by Council- man Wilson, and carried, that the City Engineer be instructed to estimate the cost of improving Lot B, and that particular section of the alley paralleling 17th Street through Lots 13 and 14, so that the alley could be accepted as a paved alley and that the suggested cost of the proponents con- tribution of $1500.00, as stated by Mr. Pickett, be added to the cost of this improvement and the figures be ready for the Council at the next meeting, February 19. ,The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith Meyers NOES: Councilmen: None ABSENT: Councilmen: None 1 r� Alley abandonment Upon motion by Councilman Pinkley, seconded by Council - Con It. man Rea, and carried, the proposed abandonment hearing Initiated by was continued to February 19, 1962. PUBLIC HEARING The Mayor announced that this was the -time and place set Precise Plan - for the public hearing on the Precise Plan for alleys 20 alley Block B feet in width at the rear of Lots 3, 4, 5 and 6 of Block Harper Tract B, Harper Tract, and at the rear of Lots 25 through 43 of Tract No. 847, located in the general area between Proposed abandonment Newport Boulevard and Fullerton Avenue and between of alley, Block B - Broadway and Flower. The Clerk reported that notice of Harper Tract said hearing had been duly published as requested by the Council and the affidavit was on file in his office. The Council requested that the proposed abandonment of a certain alley in the same area be considered at the same time. Thereupon the Mayor announced that this was the time and place set for the public hearing on proposed abandonment of that certain alley, 12.5 feet in width between Lots 1, 2, and 3 of Block B, Harper Tract and Lot 25 of Tract No. 847, located on the north side of Broadway, east of Newport Boulevard. The Clerk reported that notice of said hearing had been duly published as requested by the Council, and that affidavit of said publication was on file in his office. He read the following written communications: Carolyn M. and John C. Ross; Raymond A. Berg; Eva H. Moore; G. N. Wells; Aileen Rapp; a petition bearing -21 signatures opposing the abandonment. The following spoke: Elmer Dudek; George Barnett; Mrs. John Kramer; Mr. Bell; John A. Kramer; George Fontaine. After a lengthy discussion on both items it was moved by Councilman Wilson, seconded by Councilman Pinkley, and carried, that the Precise Plan be referred back to the Planning Commission for further study on straightening the alley so that it is not curved. Upon motion by Councilman Smith, seconded by Council- man Pinkley, and carried, the public hearing on the pro- posed abandonment was continued to March 5, 1962. The Mayor declared a ten minute recess and the meeting reconvened at 9:50 p.m - PUBLIC HEARING The Mayor announced that this was the time and place set Rezone Petition 149 for the public hearing on Rezone Petition No. 149, Initiated by initiated by the Planning Commission to rezone from R1 Planning Commission to Cl property located on the north side of West 19th Street, between Placentia Avenue and Whittier Avenue. The Clerk.reported that notice of said hearing had been duly published and the affidavit of said publication was on file in his office. He read the recommendation of the Planning Commission for denial for the following reasons: 1) The City already has too much commercially zoned land for its size. 2) The depth of these lots is not conducive for good commercial use. 3) Off-street parking at its best would be very poor. 4) To rezone to C1 would be to make an already "not the best" situation much worse. 5) This area could be better controlled with Conditional Use Permits. The Clerk reported no written communications had been received. The Mayor then inquired if there were anyone present wishing to be heard. The following then spoke requesting rezoning or leniency by the Council on granting Conditional Use Permits: Mr. Luth; Mrs. Coleman; Mrs. Laho; Mrs. Williams; Mr. Holmquin. After a lengthy discussion it was moved by Councilman Pinkley, seconded by Councilman Wilson, and carried, that the public hearing be closed. After discussion it was moved by Rezone,149 Con't., Councilman Wilson, seconded by Councilman Pinkley that Rezone Petition No. 149 be denied. The motion carried by.the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Meyers NOES Councilmen: Smith ABSENT: Councilmen: None REPORTS The City Attorney presented to the Council the request City Attorney of Fred Opp in connection with Subdivision No. 403 Subdivision 403 requesting deletion of the requirements of the Planning Opp Commission. The Attorney informed the Council that at a previous meeting the Council had approved an agreement with Mr. Opp and therefore recommended that the three conditions be deleted. After discussion it was moved by Councilman Pinkley, seconded by Councilman Rea, and carried, that the Subdivision No. 403 be approved without the stipulations of the Planning .Commission. Subdivision 404 Subdivision application No. 404 of Kolko, Incorporated, Kolko Incorporated 333 East 17th Street, to divide property described as a portion of Lot 118, Tract 300, into 4 parcels (all sub- standard in width) located on the west side of Norse Street at Brentwood was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) Dedication to the City of Costa Mesa of all land 24 feet from the center line of existing Norse Street for a length of 197.91 feet for street purposes, in front of Parcels A, B, C, and D. 2) That the westerly one-half_ of Norse Street in front of Parcels A, B, C and D be improved with base, pavement, curbs, gutters, residential sidewalks, and concrete driveway approaches by the applicant at his expense, under the direction of the City Engineer. 3) That street lights be installed if needed under the direction of the Street Lighting Superintendent, by the applicant, at his expense. After discussion, it was moved by Council- man Rea, seconded by Councilman Pinkley, and carried that the application be approved subject to the recom- mendations of the Planning Commission. Monrovia Avenue The City Attorney informed the Council that it had not Improvement been possible to negotiate with the owner of the parcel District Con- on the corner of West 19th Street and Whittier to demnation-Kirsh acquire 10 feet for right of way purposes and recom- mended that the Council authorize him to proceed with condemnation of this parcel. Thereupon it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the City Attorney be instructed to proceed with condemnation on the parcel against David L. Kirsh and that the amount of 1,725.00, as set by the appraiser, be deposited in Court. Jackbilt, The -City Attorney presented a proposed agreement between Incorporated the City and Jackbilt, Incorporated for the improvement agreement for of Talbert Avenue, whereby Jackbilt, Incorporated will Talbert Avenue make dedication to the City for right of way on Talbert ,Avenue and the City -will pay for installation of curbs and gutters along the front of their property. There- upon it was moved by Councilman Rea, seconded by Council- man Smith, 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, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Quitclaim Deed The City Attorney informed the Council that in connection Richard Crane with the Monrovia Avenue Improvement District a right of way dedication had been obtained from Richard Crane for Clary and Gage Streets and the improvement of this area had now been omitted from the District and therefore the right of way should be returned to Mr. Crane. Thereupon it was moved by Councilman Smith, seconded by Councilman Rea, that a minute resolution be adopted authorizing the Mayor and City Clerk to sign a Quitclaim deed to give the property back to Mr. Crane. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE NO.. 62-2 The City Attorney informed the Council that he and the First reading Planning Director had studied and discussed Section 9298.2 Amends land use of the Land Use Ordinance and were recommending a change so that it would be permissible for the Council, upon applica- tion, to authorize a residential use in C and AP zones. Thereupon after discussion it was moved by Councilman Wilson, seconded by Councilman Rea that Ordinance No. 62-2 be given first reading, being AN ORDINANCE.OF THE CITY OF COSTA MESA, CALIFORNIA AMENDING THE COSTA MESA ZONING ORDINANCE. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None $100.00 towards The City Attorney informed the Council that the appeal of "Lane Case" the "Lane Case" in Los Angeles County on resorting was now being prepared and inasmuch as this very much concerned home rule by Cities in the State he would recommend that Costa Mesa contribute $100.00 towards hiring the Attorney to prepare the appeal as are several other Cities in Los Angeles and Orange Counties. Thereupon it was moved by Councilman Wilson, seconded by Councilman Rea, that $100.00 be contributed towards the appeal of the "Lane Case". The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Council -men:: None ABSENT: Councilmen: None Public Hearing Set The City Attorney presented to the Council the proposed on 1961 Edition of adoption of the 1961 Edition of the Uniform Building Code, Uniform Building for consideration. Upon -motion by Councilman Smith, Code seconded by Councilman Wilson, and carried, public hearing was set for the proposed adoption on February 19, 1962. City Engineer The City Engineer presented Final Tract No. 4260 for Mesa Final Tract 4260 del Mar to divide 32.21 acres into 133 lots located on the Mesa del Mar former air base property, together with a check in the amount of $20,841.26, a labor and material bond and a faithful performance bond in the amount of $199,000.00 and signed Agreement. After discussion it was moved by Councilman Pinkley, seconded by Councilman Wilson that RESOLUTION 62-6 Resolution No. 62-6 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE MAP OF TRACT NO. 4260 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 Plans and Specifi- The City Engineer presented the plans and specifications cations accepted on the construction of water mains in Harbor Boulevard for water mains and Talbert Avenue and recommended that they be adopted in Talbert Avenue and the bid opening set for February 19, 1962. There- upon it was moved by Councilman Rea, seconded by Council- man Wilson, and carried, that the plans and specifications be adopted and the City Clerk authorized to advertise for bid opening on February 19, 1962. Director of Public The Clerk presented a request for permit to construct Works a R. C. B. culvert and crossing of Orange County Flood Permit - Tract Control District right of way of Paularino Channel at 4260 Saint Clair Street (Tract 4260) and the recommendation of the Director of Public Works for approval. Upon motion by Councilman Rea, seconded by Councilman Wilson, the permit was approved by the following roll.call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Segerstrom Lease The Clerk presented a proposed agreement between the City Fire Station and C. J. Segerstrom and Sons on leasing the property on No. 2 Fairview Road used for Fire Station No. 2, at the rent of $600.00 per year. After discussion it was moved by Councilman Pinkley, seconded by Councilman Rea, 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, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Segerstrom Agree- The Clerk presented a proposed agreement between the ment Water well City and C. J. Segerstrom and Sons for leasing of a in Adams No. 4 water well in Adams No. 4 Annexation. After discussion Annexation it was moved by Councilman Smith, seconded by Council- man Pinkley 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, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Change Order The Clerk presented Change Order No. 4, dated January No. 4 Fire 23, 1962, in the amount of $333.95 for Fire Station Station_ Headquarters which had been signed by Bani Enterprises, Headquarters and Willard Jordan, Architect, and approved by the Director of Public Works. Upon motion by Councilman Rea, seconded by Councilman Pinkley the Change Order No. 4 was approved. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Departmental Upon motion by Councilman Wilson, seconded by Councilman Monthly Rea, and carried,.the following departmental reports were received and ordered filed: Fire, Park, Building, Planning, Police, Pound, Street, and Director of Finance for four letters of permission. V Refund The Clerk read a letter from the Director of Public Works Saffell and recommending that the amount of $704.60 be refunded to McAdams Saffell and McAdam, the sub -dividers of Tract No. 3662, said amount having been deposited for street lighting energy charges inasmuch as the ornamental street light poles were installed subsequent to November 1, 1961. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Smith, that refund of $704.60 be refunded to Saffell and McAdam. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Refund The Clerk read a request from M. B. Ross, Incorporated, for M. B. Ross, refund of $3.00 on electrical permit 16760 inasmuch as this Incorporated was County area, together with the recommendation of the Building Official for refund of $2.55. Upon motion by Councilman Wilson, seconded by Councilman Rea, refund of $2.55 was given to.M. B. Ross. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE NO. Engineer Frank Myers presented to Council the request of 62-3' One way the Traffic Commission for adoption of an urgency ordinance alley making the alley westerly of the Bank of America on West First reading 19th Street a one way alley, inbound. Upon motion by Councilman Rea, seconded by Councilman Wilson, Ordinance No. 62-3 being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA DESIGNATING THAT CERTAIN ALLEY LYING WESTERLY OF LOT 12 OF TRACT NO. 325 AS A ONE-WAY ALLEY AND AMENDING SECTION 3463 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA be given first reading as an urgency ordinance. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Rezone Petition The Clerk reported that the Director of Public Works had 155 Gray and reached an Agreement with Gray and Mullins for the improve - Mullins ment of Wilson Street as requested by the Council in con - Agreement nection with Rezone Petition No. 155. Thereupon it was approved moved by Councilman Wilson, seconded by Councilman Pinkley Right of ways that the.Agreement be approved and the Mayor and City Clerk accepted be authorized to sign said agreement on behalf of the City; ORDINANCE NO. that the five right of way deeds from 1) Clyde E. and 418 Gertrude C. Stovall; 2) William 0. Gray, Maude N. Gray, Second reading E. W. Mullins and Claudean P. Mullins; 3) William 0. and Maude N. Gray, E. W. and Claudean P. Mullins, and Clyde E. and C. Gertrude Stovall, be accepted and ordered placed on record and that Ordinance No. 418 being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF PORTIONS OF LOTS 6 AND 7 OF THE FAIRVIEW FARMS TRACT FROM C2 AND R2 TO C -1-S be given second reading and adopted. The motion carried'by the following roll call vote: AYES: Councilmen: Wilson,Rea, Smith, Pinkley, Meyers NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE NO. 62-1 Upon motion by Councilman Smith, seconded by Councilman Second reading Pinkley, second reading was given Ordinance No. 62-1 Harbor Boulevard being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Setbacks COSTA MESA ESTABLISHING A BUILDING SETBACK LINE ON THE EAST SIDE OF HARBOR BOULEVARD BETWEEN 19TH STREET AND BERNARD STREET and it was adopted by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Nielsen letter The Chief of Police presented to the Council his report on the communication of Mrs. Carmen T. Nielsen, 215 Jo Anne Place, Newport Beach, regarding movie posters stating -that this is a problem of moral standards that are outside the legal coverage of the law. Thereupon it was moved by Councilman Wilson, seconded by Council- man Rea, and.carried, that inasmuch as the Chief had discussed this with Mrs. Nielson the report be accepted and the letter filed. Record of Survey Record of Survey for Styleline Homes, Incorporated, 457 Styleline Homes 62nd Street, Newport Beach, to divide a portion of Lot Incorporated_ 284, Newport Heights Tract into eight lots, located Lot 284, Newport northwesterly of Santa Ana Avenue, between Camellia Lane Heights and 22nd Street, was presented together with the recom- mendation of the Planning Commission for approval subject to the following conditions: 1) That the applicant installs at his expense, under the direction of the City Engineer, residential sidewalks on Camellia Lane in front of parcels E, F, G and H9 and on 22nd Street, in front of Parcels A, B, C and D, including concrete driveway approaches. 2) That the applicant, at his expense, in- stalls street lights, if needed, under the direction of the Street Lighting Superintendent. 3) Water system improvements shall conform to the standards of the Costa Mesa County.Water District. 4) Sewer improvements shall meet with the approval of the Costa Mesa Sanitary District. 5) Drainage of these lots shall meet with the approval of the City Engineer. 6) That the Record of Survey meets all the requirements of the Business and Professional Code of Records of Surveys. 7) That a copy of the Record of Survey and the Commission's recommendation of approval be submitted to the State Real Estate Commissioner. The Clerk also read a communication from the Street Lighting Superintendent dated January 29, 1962, giving details of.the requirements of Condition No. 2. The applicant discussed with the Council the requirements of the Street Lighting Superintendent. After discussion it was moved by Councilman Rea, seconded by Councilman Wilson and carried, that the Record of Survey be approved sub- ject -to the recommendations of the Planning Commission. Tentative Tract Tentative Tract Map.No.. 4536 for Edelsohn and Rothenberg, 4536 Edelsohn 2901 Benedict Canyon Road, Beverly Hills, to divide pro - and Rothenberg perty north of Paularino Avenue and easterly of Tract No. 4502 into 184 lots was presented together with the recom- mendation of the Planning Commission for approval subject to the following conditions: 1) That Study "D" of Tract No. 4536, containing 185 lots, be accepted. 2) All the requirements of the City Engineer, dated January 5, 1962- 3) All the requirements of the Director of Planning, dated January 8, 1962. After discussion it was moved by Councilman Wilson, seconded by Councilman Rea, and carried, that Study "D" be approved subject to the recommendations of the Planning Commission. Revised Tentative Revised Tentative Tract Map No. 3749, dated January 12, Tract 3749 1962, for Macco Corporation, 3800 East Coast Highway, Macco Corporation Corona del Mar, to divide property between Fairview Road on the west and Newport Boulevard and Bristol Street on the east, southerly of Baker Street into 1033 lots was presented together with the recommendation of the Planning_ Commission for approval subject to all the conditions attached to the original tract. After discussion it was -moved by Councilman Wilson, seconded by Councilman Rea, and carried, that the Revised tract be approved subject to the recommendations of the RESOLUTION NO. Planning Commission. Building Moving Building moving application No. 356 for A. L. Gatterdam, 356 333 Walnut Street, to move a duplex from 912-914 Kings Gatterdam Street, Santa Ana to 2536 Orange Avenue, R2 zone, was presented together with the recommendations of the Planning Commission for approval subject to the following stipulations: 1) That an Agreement, between A. L. Gatter- dam and Mr. Thomas V. Dowd, be executed and recorded prior to the moving of this structure, stating that the driveways (not less than 20 feet in width) between this property (AP #119-112-52) and the adjoining property (AP #119-112-51) be a common driveway never to be divided by a fence and that this Agreement be under the direction of the City Attorney. 2) All the requirements of the Department of Building Safety. 3) That a $5,000 bond be posted by the applicant. 4) That the building be completed 60 days after date of delivery. The Clerk reported that the required agreement had been received and been approved by the.City Attorney. After discussion it was moved by Councilman Smith, seconded by Councilman Pinkley, and carried, that the application be approved subject to the recommendation of -the Planning Commission. Claim of damages Upon motion by Councilman Pinkley; seconded by Councilman A. L. Hayward Rea, and carried, the Claim of Damages for A. L. Hayward was denied and referred to the City Attorney. RESOLUTION 62-7 Upon motion by Councilman Rea, seconded by Councilman Municipal election Wilson, Resolution No. 62-7 being A RESOLUTION OF THE services CITY COUNCIL OF THE CITY OF COSTA MESA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY -OF ORANGE TO PERMIT THE COUNTY CLERK. -OF -SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY -OF COSTA°MESA, RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON APRIL 10, 1962, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTION NO. The Clerk presented the proposed Paularino No. 5 Annexation 62-8 to the City and stated that the Boundary Commission had Paularino No. 5 given its report as to the definiteness of the boundary. Annexation The City Attorney informed the Council that it was possible to annex the territory to the City and to the Park District at the same time. Thereupon it was moved by Councilman Wilson, seconded by Councilman Rea, that Resolution No. 62-8 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA OF INTENTION TO ANNEX TO SAID CITY CERTAIN UNINHABITED AREA DESIGNATED AS "PAULARINO NO. 5 ANNEXATION" AND NOTICE OF THE PROPOSED ANNEXATION OF THE TERRITORY TO THE COSTA MESA RECREATION AND PARK DISTRICT IN ORANGE COUNTY be adopted. The motion carried by the following roll call vote: AYES: Councilmen: .Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None (Sets public hearing 7:30 o'clock p.m., March 5, 1962) e Right of Way Deeds Upon motion by Councilman Pinkley, seconded by Council- man Rea, the following right of way deeds were accepted and ordered placed on record by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None DATE NAME FOR STREETS 1-12-62 Truelove and Maclean, Talbert Avenue Incorporated 1-15-62 Jackbilt, Incorporated Talbert Avenue 10-20-58. Scottco, Incorporated Alley East of Santa Ana, North- east of 17th Street Conditional Use Conditional Use Permit C-59 for Lucille Warren Kenney, Permit C-59 114 East Wilson Street, to permit construction of a 38 Kenney room Hotel and one.l bedroom.apartment (with kitchen) on 30,360 square feet of land area in a C2 zone with 54 parking spaces (778 square feet per unit) was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) A block wall not less than 5 feet 6 inches in height and more than 6 feet in height along the northerly and easterly boundaries of this property to separate it from the residential properties. This wall to be installed by the applicant at her expense subject to the requirements of the Department of Building Safety and the Planning Department. 2) Installation of residential sidewalks along East Wilson Street the full width of this property by the applicant, at her expense, under the direction of the City Engineer, and concrete driveway approaches. 3) That no housekeeping or cooking facilities be allowed in any of the 38 sleeping rooms of this hotel. 4) Dedication to the City of Costa Mesa of one foot along the westerly boundary of this property for the widening of the existing 18 foot alley. 5) The adoption of a Resolution by the Planning Commission that no alley is needed to the rear of this property making it possible to set the structure to within 5 feet.of the rear property line. 6) That the designation of "apartments" be removed from the plan,& accompanying this request and changed to "Hotel". After discussion it was moved by Councilman Smith, seconded by Councilman Rea, and carried, the application was approved, subject ,to the recommendations of the Planning Commission. Conditional Use Conditional Use Permit No. C-60, being the application Permit C-60 for Costa Pacifica Incorporated, 3111 2nd Avenue; Corona Costa Pacifica, del Mar, to permit placement of an 8 square foot adver- Incorporated tising sign on the northwest corner of East 20th and Aliso on private property for the first sale of homes was presented together with the recommendation of the Planning Commission for approval of the Director of Planning's recommendation of approval for a period of one year or until the homes are sold, whichever is sooner and subject to all the.requirements of the Department of Building Safety, and that the applicant signs an Agree- ment.under the direction of the City Attorney, that this sign --will be removed by the applicant, at his expense, at the end of one year. After discussion it was moved by Councilman Smith, seconded by Councilman Wilson, and carried, that the application be approved subject to the recommendations of the Planning Commission. 1 1 `41 Conditional Use Conditional Use Permit C-61 for James W. Thomas, 242 Permit C-61 Ogle Street to permit establishing a one man operation Thomas saw filing business in the R2 zone at 242 Ogle Street, was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) For a period of one (1) year with an option for renewal after one year. 2) No signs and no employees. 3) The parking area for three (3) parking spaces in the rear shall be improved in accordance with city standards by the applicant, at his expense. The Clerk read a letter of protest from R. F. Newman. Mrs. Sylvia Mello spoke in favor of the application. 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-62 for Bruce E. and Lester C. Permit C-62 Nott, 2506 Margaret Drive, Newport Beach, to permit con - Nott structing a building for the use of one realtor and con- tractors' offices with inside storage facilities in an R2 zone at 1736 and 1744 Anaheim Avenue, was presented, together with the recommendation of the Planning Com- mission for approval subject to the following conditions: 1) Installation of commercial sidewalks along the entire frontage of Anaheim Avenue and a concrete driveway approach by the applicant, at his expense, under the direction of the City Engineer. 2) That the applicant, at his expense, installs a walk 40 feet in length along the section of the building adjacent to the alley; 3) That there will be no outside storage. 4) That a driveway access be installed to Anaheim Avenue in place of parking spaces. 1 and 2. 5) That parking spaces 3, 4 and 5 be eliminated. 6) That the applicant submits revised plans, prior to Council meeting, showing the revisions as stated under 2, 4 and 5 and showing locations of additional parking in the rear, and that these revised plans be acceptable to the Director of Planning. One gentleman spoke in protest. The Clerk informed the Council that new plans had been received and were dated February 5, 1962. After dis- cussion it was moved by Councilman Wilson, 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-63 being the application of Mrs. Permit C-63 Norma (R. L. ) Hertzog, 1605 White Oak Street, to permit Hertzog operation of a day nursery for a maximum of sixty children of pre-school age of two through five years to be located on the west side of Deodar approximately 290 feet northerly of the center line of Baker Street, was presented, together with the recommendation of the Planning Commission for approval, subject to the following conditions: 1) Installa- tion of a block wall not less than 5 feet 6 inches in height and not more than 6 feet in height by the applicant, at her expense, as follows: (a) For a distance of 50 feet along the northerly property line from the rear property line easterly. (b) For a distance of 83 feet along the property line facing the alley, from the northerly property line, and for a distance of 10 feet to the building. 2) Installation of a chain link fence around the remainder of the property as required by the State Welfare Department, by the applicant, at her expense. The Clerk read letters in favor from Peggy Candrell, Director, St. Andrew's Pre - School; Dike and Colegrove, Incorporated. He read a letter of protest from G. L. Tripp. After discussion it was moved by Councilman Rea, seconded by Councilman Pinkley, and carried, that the application be approved, subject to the recommendations of the Planning Commission. 178 Conditional Use Conditional Use Permit C-64 being the application of Mrs. Permit C-64 Kathryn S. (Marvin) Gibson, 632 West 18th Street, to permit Gibson the operation of a beauty shop in the home as a home occupation, was presented, together with the recommenda- tion of the Planning Commssion for approval subject to the following conditions: 1) For a period of one year with an option for renewal at the expiration of one year. 2) No signs and no employees. 3) Off-street parking to be provided under the direction of the Director of Planning. After discussion it was moved by Councilman Smith, seconded by Councilman Rea, and carried, the application was approved, subject to the recommendations of the Planning Commission. Subdivision No. Subdivision application No. 401 being the application of 401 King Jack J. King, 445 East 20th Street, to divide property described as the southeasterly 125 feet of Lot 207, Newport Heights tract into two parcels, was presented together with the recommendation of the Planning Com- mission for approval. After discussion it was moved by Councilman Pinkley, seconded by Councilman Rea, and carried, that the application be approved as recommended. Permits Upon motion by Councilman Smith, seconded by Councilman Rea, and carried, permit was granted to City of Hope for door to door solicitation on Sunday, June 3, 1962, and Section 6914 j was waived. Upon motion by Councilman Rea, seconded by Councilman Smith, and carried, permit was granted to the Orange County Heart Association for door to door solicitation and Section 6914 j was waived. Upon motion by Councilman Smith, seconded by Councilman Wilson, and carried, permit was granted to St. Joachim Parish for public sale of tickets for a show on March 16th and 17th, and Section 6914 j was waived. Upon motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, permit was granted to James Curtis Lockard for curb stenciling. Upon motion by Councilman Pinkley, seconded by Councilman Rea, and carried, permit was'granted to Harbor Amusement Company for one skill game at the Kiwi, subject to the approval of the Chief of Police. Upon motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, permit was granted to Superior Amusement Incorporated for one,skill game at the Tin Lizzie, 752 St. Clair Street, subject to the approval of the Chief of Police. Upon motion by Councilman Pinkley, seconded by Councilman Smith, and carried, permit was granted to Superior Amuse- ment Company for one skill game at The Flame Room, 1880 Monrovia, subject to the approval of the Chief of Police. Upon motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, permit was granted to Harbor Amuse- ment for one skill game at the Hurry Bell, subject to the approval of the Chief of Police. Upon motion by Councilman Smith, seconded by Councilman Wilson, and carried, permit was granted to Pacific Out- door Advertising Company for one sign on the northwest corner of Newport Boulevard and Industrial Way as shown on the map attached to the request. 1 Permits Upon motion by Councilman Rea, seconded by Councilman Con't. Wilson, and carried, permit was granted for the Police" Department to escort a parade from the Seafaring Lodge, 15th Street at Saint Andrews Road to the California Street School, subject to the approval of the Chief of Police. Warrant Resolution Upon motion by Councilman Rea, seconded by Councilman 277 Pinkley, Warrant Resolution No. 277, including Payroll No. 186 was adopted by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Warrant Resolution Upon motion by Councilman Wilson, seconded by Councilman 278 Rea, Warrant Resolution No. 278 was adopted by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTION 62-9 Upon motion by Councilman Wilson, seconded by Councilman State Census Smith, Resolution No. 62-9 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING AN AGREEMENT BY AND BETWEEN THE DEPARTMENT OF FINANCE OF THE STATE OF CALIFORNIA AND THE CITY OF COSTA MESA FOR THE PREPARATION OF AN ESTIMATE OF POPULATION 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 Written Communica- The Clerk read a communication from Don I. Huddleston tions regarding the communication of Harold Dillon requesting Dillon clarification of a condition of C-56 permit for Herman Tate on the block wall be six feet above present level and also that the area be considered for rezoning to commercial. After discussion it was moved by Councilman Smith seconded by Councilman Wilson that the matter of rezoning to Commercial be referred to the Planning Com- mission for their study and recommendation and that the fence to be installed to the grade of the high property. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Rea, Pinkley, Smith, Meyers NOES: Councilmen: None ABSENT: Councilmen: None Upon motion by Councilman Wilson, seconded by Councilman Rea, and carried, the following communications were received and ordered filed: Person to person transfer of on -sale beer and wine license for James W. Peak, Hurry Bell, 2023 Harbor Boulevard. Person to person transfer of on -sale beer and wine license for James W. Peak, Hurry Bell, 2023 Harbor Boulevard - Supplemental. New on -sale beer, C and F Enterprises, Incorporated, Shakey's Pizza Parlor, 2200 Fairview Avenue. New off -sale beer and wine, Anthony and Mary I. C. Petruzziello, Anthony's Market, 379 East 17th Street. New on -sale beer and wine, Edward S. White, 1548 Adams Street. C. S. Dorel, Anchorage, Alaska, on a two digit phone system. Telegram from Bristol Baker Corporation commending Street Foreman. Communications Raymond J. Shelton on sale of East 17th Street property. Con't. Meeting of Inter -American Congress of Municipalities in Buenos Aires. Francis P. Rudnicki, 2222 Miner Street, regarding improve- ment of Wilson Street - Clerk to answer of new agreement with Gray and Mullins. Mayor to attend Upon motion by Councilman Rea, seconded by Councilman United States Wilson, the Council agreed to send the next Mayor to Conference of the United States Conference of Mayors to be held at Mayors The Fontainebleau, Miami Beach, Florida, from May 13 to 16. Adjournment Upon motion by Councilman Rea, seconded by Councilman Wilson, and carried, the meeting adjourned at 11:53 p.m. Mayor of e ty of Costa Mesa ATTEST: s City Clerk of the City of Costa Mesa Chief Deputy City Clerk 1 1 1