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HomeMy WebLinkAbout07/16/1962 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA July 16, 1962 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 p.m., July 16, 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 Harry Hutchinson of First Baptist Church. ROLL CALL Councilmen Present: Meyers, Smith, Tomchak, Wilson, Pinkley Councilmen Absent: None Officials Present: Acting City Attorney, City Engineer, Director of Public Works, City Manager, City Clerk Minutes Upon motion by Councilman Wilson, seconded by Councilman July 2, 1962 Meyers, and carried, the minutes of the regular meeting of July 2, 1962, were approved as written and previously lis tributed. PUBLIC HEARING The Mayor announced that this was the time and place set for the Opening of bids opening of bids for the Improvement of Wilson Street between Improvement of Harbor Boulevard and College Avenue. The Clerk reported that, Wilson Street six bids had been received. The bids were then publicly opened, read, and declared as follows: NAME AMOUNT S. J. Cook and Sons, Incorporated $18Z97-43 R. W. McClellan and Sons 19,886.92 Boeck Paving Company 16,155.04 Griffith Company 18,1+5.10 Sully -Miller Contracting Company 17;539.20 R. J. Noble Company 19,427.49 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. Upon motion by Councilman Meyers, seconded by Councilman Tomchak, and carried, the bids were referred to the City Engineer for checking and report back to the Council later in the meeting. Awarded to The City Engineer advised the Council later in the meeting that Boeck Paving the bid of Boeck Paving Company, in the amount of $16,155.0+, Company was the lowest regular bid submitted for said work and recommended that they be awarded the contract. Thereupon it was moved by Councilman Smith, seconded by Councilman Meyers, and carried that the bid be awarded to Boeck Paving Company and the Mayor and City Clerk be authorized to sign said contract on behalf of the City. PUBLIC HEARING The Mayor announced that this was the time and place set for the Street Lighting public hearing on the Street Lighting District. The Clerk re - District ported that the notice of hearing had been duly published and the affidavit was on file in his office and the District had been posted; no written communications had been received. The Mayor then declared the hearing open and inquired if there were anyone present wishing to be heard. No one desiring to be heard, it was moved by Councilman Meyers, seconded by Councilman Tomchak, and carried that the public hearing be closed. Thereupon it was moved by Councilman Wilson, seconded by Councilman Meyers, and carried by a roll call vote that Resolution 62-99, RESOLUTION being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA 62-99 MESA, CALIFORNIA, CONFIRMING THE REPORT OF THE CITY ENGINEER DATED JUNE 18, 1962, PREPARED PURSUANT TO THE PROVISIONS OF THE "STREET LIGHTING ACT OF 1919," AND REFERRED TO IN RESOLUTION OF INTENTION NO. 62-88 OF SAID COUNCIL, AND THE PLANS AND SPECIFI- CATIONS, ESTIMATE, DIAGRAM AND ASSESSMENT CONTAINED IN SAID 1 1 1 RESOLUTION REPORT: ORDERING THE WORK AND LEVYING THE ASSESSMENT FOR 62-99 SERVICE NECESSARY TO MAINTAIN AND ILLUMINATE BY ELECTRIC ENERGY, Continued THE STREET LIGHTS WITHIN SAID CITY FOR THE PERIOD OF MONTHS ENDING OCTOBER 31, 1963, be adopted. Roll call vote: AYES: Councilmen: Meyers, Smith, Tomchak, Wilson, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING The Mayor announced that this was the time and place set for the Park and Recre- public hearing on the 1962-1963 Fiscal Year Budget for the Costa ation District Mesa Park and Recreation District. The Clerk reported that notice of said hearing had been duly published and the affidavit was on file in his office. He reported that a written communication had been received from the Costa Mesa Chamber of Commerce saying that. a representative would be present to speak in support of the pro- posed budget. The proposed budget amounted to $331,679.00. The Mayor then inquired if there were anyone present wishing to be heard. The following spoke in favor of the proposed budget: Mr. W. B. Johnson, 1874 Park Mr. Jack George, spokesman for the Chamber of Commerce Mrs. Barbara Gittins The following spoke in protest of the budget: Mr. Charles Thomas, 6139 Madeira Mrs. Frances Christenson, 385 Broadway After a lengthy discussion, it was moved by Councilman Smith, seconded by Councilman Tomchak, and carried that the public hearing be closed. A motion was made by Mayor Pinkley that the expenditure budget be approved in the amount of $300,000.00;seconded by Councilman Meyers, and carried by the following roll call vote: AYES: Councilmen: Meyers, Tomchak, Pinkley NOES: Councilmen: Smith, Wilson ABSENT: Councilmen: None RESOLUTION Thereupon it was moved by Councilman Meyers, seconded by Council - 62 -100 man Tomchak, and carried by a roll call vote that Resolution 62-100, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, ACTING AS SUPERVISING AUTHORITY OF THE COSTA MESA RECREATION AND PARK DISTRICT, ADOPTING THE FINAL BUDGET FOR THE COSTA MESA RECREATION AND PARK DISTRICT FOR THE FISCAL YEAR 1962-1963, be approved. Roll call vote: AYES: Councilmen: Meyers, Tomchak, Pinkley NOES: Councilmen: Smith, Wilson ABSENT: Councilmen: None PUBLIC HEARING The Mayor announced that this was. the time and place set for the Rezone Petition public hearing on Rezone Petition 174, initiated by the Planning 174 Commission, to rezone from Ml, Manufacturing District, to C2, general Commercial District, property described as the westerly 357 feet of Lot 708 measured from the center line of Placentia Avenue, Newport Mesa Tract, at the northeast corner of West 17th Street and Placentia Avenue. The Clerk reported that notice of said public hearing had been duly published and the affidavit was on file in his office. He reported no written communications A motion that the proposed expenditure budget be accepted was made by Councilman Tomchak, seconded by Councilman Meyers, and lost by the following roll call vote: AYES: Councilmen: Meyers, Tomchak NOES: Councilmen: ABSENT: Councilmen: Smith, Wilson, Pinkley None Councilman Smith then made a motion that the expenditure budget be approved in the amount of $220,712.00 with the priority of projects listed to be determined by the City Council at the time submitted. This motion was seconded by Councilman Wilson and lost by the following roll call vote: AYES: Councilmen: Smith, Wilson NOES: Councilmen: Meyers, Tomchak, Pinkley ABSENT: Councilmen: None A motion was made by Mayor Pinkley that the expenditure budget be approved in the amount of $300,000.00;seconded by Councilman Meyers, and carried by the following roll call vote: AYES: Councilmen: Meyers, Tomchak, Pinkley NOES: Councilmen: Smith, Wilson ABSENT: Councilmen: None RESOLUTION Thereupon it was moved by Councilman Meyers, seconded by Council - 62 -100 man Tomchak, and carried by a roll call vote that Resolution 62-100, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, ACTING AS SUPERVISING AUTHORITY OF THE COSTA MESA RECREATION AND PARK DISTRICT, ADOPTING THE FINAL BUDGET FOR THE COSTA MESA RECREATION AND PARK DISTRICT FOR THE FISCAL YEAR 1962-1963, be approved. Roll call vote: AYES: Councilmen: Meyers, Tomchak, Pinkley NOES: Councilmen: Smith, Wilson ABSENT: Councilmen: None PUBLIC HEARING The Mayor announced that this was. the time and place set for the Rezone Petition public hearing on Rezone Petition 174, initiated by the Planning 174 Commission, to rezone from Ml, Manufacturing District, to C2, general Commercial District, property described as the westerly 357 feet of Lot 708 measured from the center line of Placentia Avenue, Newport Mesa Tract, at the northeast corner of West 17th Street and Placentia Avenue. The Clerk reported that notice of said public hearing had been duly published and the affidavit was on file in his office. He reported no written communications PUBLIC HEARING had been received and read the recommendation of the Planning Rezone Petition Commission for approval. The Mayor then inquired if there were 174 anyone present wishing to be heard. No one wishing to speak, Continued it was moved by Councilman Smith, seconded by Councilman Meyers, and carried that the public hearing be closed. Thereupon it was moved by Councilman Smith, seconded by Councilman Meyers, that first reading be given to Ordinance 62-29 being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF A PORTION OF LOT 708, NEWPORT MESA TRACT, FROM M1 TO C2. The motion carried by the following roll call vote: AYES: Councilmen: Meyers, Smith, Tomchak, Wilson, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Pacific West At this point Mr. Art Kitnick, representing the Junior Chamber Engineering of Commerce, informed the Council the Pacific West Engineering Company Company has offered to donate a topographical study and plans Donation for of the Estancia through Mr. Bruce Knott, 122 Magnolia. He also Estancia offered the help of the Junior Chamber of Commerce in the restoration of the Estancia. The Mayor then expressed the thanks of the City of Costa Mesa for the cooperation of the Junior Chamber of Commerce on behalf of the City. PUBLIC HEARING The Mayor announced that this was the time and place set for the Proposed abandon- public hearing to decide whether or not to proceed with the pro- ment of Lemon posed abandonment of Lemon Street between Adams and Elm Street, and Street and 15- between Royal Palm and Harbor Boulevard and the proposed abandon - foot alley ment of 15 -foot alley between Elm and Ponderosa, 185 feet west- erly of the center line of Harbor Boulevard, for street and utility purposes. The Clerk reported that notice of said public hearing had been published and the affidavit was on file in his office. He reported that no communications had been received. The Mayor then inquired if there were anyone present wishing to be heard. Mr. Russ Ford, 1600 West Coast Highway, Newport Beach, spoke in favor of eliminating the alley. After discussion, Councilman Wilson made a motion that the public hearing be closed. The motion was seconded by Councilman Meyers, and carried. Upon motion by Councilman Wilson, seconded by Council - ORDINANCE man Meyers, Ordinance 62-30, being AN ORDINANCE OF THE CITY 62-30 COUNCIL OF THE CITY OF COSTA MESA DECLARING ITS INTENTION TO Adopted ORDER THE VACATION OF LEMON STREET, BETWEEN ADAMS AVENUE AND ELM AVENUE, AND OF THE ALLEY BETWEEN ELM AVENUE AND PONDEROSA STREET LYING 185 FEET WESTERLY OF THE CENTERLINE OF HARBOR BOULEVARD, and setting the hearing date on August 6, 1962, was adopted by the following roll call vote: AYES: Councilmen: Meyers, Smith, Tomchak, Wilson, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Upon motion by Councilman Meyers, seconded by Councilman Tomchak, second reading and adoption was given to Ordinance 62-28 being ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA 62-28 AMENDING THE MUNICIPAL CODE OF THE CITY OF COSTA MESA TO PROVIDE Adopted THAT EAST AND WESTBOUND TRAFFIC ON WEST EIGHTEENTH STREET SHALL STOP AT POMONA AVENUE. The motion carried by the following roll call vote: AYES: Councilman: Meyers, Smith, Tomchak, Wilson Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Continued The Mayor announced that this was the time and place set for the PUBLIC HEARING continued public hearing on precise plan for proposed 20 -foot Precise plan alley parallel with East 17th Street, from Irvine Avenue to 20 -foot alley Tustin Avenue, between East 17th Street and Cabrillo Street. The hearing was continued from June 4, 1962. Motion was made by Councilman Wilson, seconded by Councilman Meyers, and carried, that the hearing be continued until the August 6, 1962, meeting of the City Council. Tentative Tract Tentative Tract Map No. 4660 for Mesa Verde Development Company, 4660 1653 Minorca Drive, Costa Mesa, to divide property located Mesa Verde northerly of Tracts 3380 and 4341 and westerly of Tahiti Drive into 52 lots was presented together with the recommendations of the Planning Commission for approval subject to the conditions of the Planning Department and all the requirements of the City Conditional Use Engineer. Conditional Use Permit C-97 for Mesa Verde Development Permit C-97 Company, 1653 Minorca Drive, Costa Mesa, for permission to con - Mesa Verde struct a Planned Community, as shown on Tentative Tract Map 4660, was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1. That the precise plan dated July 9, 1962, shall be adhered to; 2. That Lots 51 and 52 of Tentative Tract 4660 shall remain - forever as recreational or garden areas of the proposed Community; 3. That there shall be no living units of any kind constructed within the Lot areas of Lots 51 and 52 of Tentative Tract 4660. After discussion, the Mayor inquired if there were anyone present wishing to speak. Mr. Wally Gayner spoke in support of Conditional Use Permit C-97. Mr., Gayner was asked to be present at the study session of the Planning Commission on July 30, 1962. He said that he would be able to attend. Upon motion by Councilman Wilson, seconded by Councilman Smith, and.carried, Tentative Tract Map 4660 and Conditional Use Permit C-97 were ordered held over until the Council meeting of August 6, 1962. Tentative Tract Tentative Tract 4787 for W. E. Rogers, 1801 Newport Boulevard, 4787 Costa Mesa, to divide Lot 325, Newport Heights Tract, into 10 W. E. Rogers lots at the southerly corner of Santa Ana Avenue and 23rd Street was presented together with the recommendation of the Planning Commission for approval subject to the conditions of the City Engineer dated July 5, 1962, and all the requirements of the Director of Planning dated July 9, 1962. After discussion, it was moved that Tentative Tract 4787 be approved subject to the recommendations of the Planning Commission. The motion was made by Councilman Wilson, seconded by Councilman Smith, and carried. Rezone Petition Rezone Petition 176, initiated by the Planning Commission, to 176 rezone from R2 to Rl property described as Lots 1 through 12, Tract 4439, on both sides of Robin Hood Lane, easterly of Santa Ana Avenue was presented. Upon motion by Councilman Smith, seconded by Councilman Meyers, and carried, Rezone Petition 176 was set for hearing at the meeting of August 6, 1962. Right of Way Upon motion by Councilman Wilson, seconded by Councilman Meyers, Deeds and carried by roll call vote, the following right of way deeds were accepted and ordered placed on record. Roll call vote: AYES: Councilmen: Meyers, Smith, Tomchak, Wilson, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None DATE NAME FOR STREETS July 5, 1962 Kolco Construction Company, Orange Avenue Incorporated July 9, 1962 Edna R. Crouch, et al Street "a" June 29, 1962 Michael C. Dwaileebe, et al West 19th Street Variance 979 Variance Application 979 for Walter P. Howey, 963 Oak Street, Walter P. Howey Costa Mesa, for permission to encroach 2 feet into required 5 -foot sideyard setback to add, attach to, and convert existing carport into a double garage at 963 Oak Street, Costa Mesa, was presented together with the recommendation of the Planning Commission for approval. Upon motion by Councilman Tomchak, seconded by Council- man Smith, and carried, the application was approved. Variance 980 Variance Application 980 for C. R. Martens and/or L. E. Rudisaile, Martens and 2124 Valley Road, Costa Mesa, for permission to construct 30 Rudisaile units, residential, on 60,413.76 square feet of land area (1 unit per 2013.78 square feet) between Wilson and Joann Streets, approximately 375 feet westerly of Pomona Street was presented together with a letter of protest from Francis Watari, 758 West Wilson Street, Costa Mesa, and a letter from Ken Smith, agent for Variance 980 the applicants, asking that action on Variance Application 980 Continued be held over until the.meeting.of August 6, 1962. Upon motion recommended to receive renewal of their dance permit for the by Councilman Tomchak, seconded by Councilman Wilson, and current fiscal year. Upon motion by Councilman Smith, carried, Variance Application 980 was ordered set for public seconded by Councilman Meyers, and carried, permit was granted hearing at the meeting of August 6, 1962. Variance 981 Variance Application 981 for George N. Holmes, 2304 Redlands, G. N. Holmes Costa Mesa, for permission for an 11 -foot encroachment into the benches at various places listed on the application. Mr. Robert required 25 -foot rear yard setback at the rear of 366 Hamilton Lewis and Mr. Dick McAllister, representing the Bench Ad Company, was presented together with the recommendation of the Planning spoke supporting the request. Mr. Lewis was asked by the Council Commission for approval subject to the following condition of if his company had installed the benches prior to making appli- the Planning Commission: 1. Two -for -one -off-street parking cation for permit. He said they had done this. Thereupon the under the direction of the Director of Planning. Upon motion Council informed Mr. Lewis that the benches must be removed, and by Councilman Wilson, seconded by Councilman Smith, and carried, on motion by Councilman Wilson, seconded by Councilman Tomchak, Variance Application 981 was approved subject to the recommen- the request was denied. dations of the Planning Commission. Conditional Use Conditional Use Permit C-102 for Pacesetter Joint Venture, Permit C-102 Incorporated, 1653 Minorca Drive, Costa Mesa, for permission to Pacesetter Joint erect 1 sign, 5 -foot by 12 -foot (directional), at the northwest Venture corner of Country Club Drive and Mesa Verde Drive to advertise first sale of homes in Tract 4349 was presented together with the recommendation of the Planning Commission subject to the following conditions: Recommended for approval subject to all the requirements of the Department of Building Safety for a period of one.year, or until the homes in this tract are sold, whichever is sooner; that said signs be removed by the applicant, at his expense, at the.end of one year and an Agreement to this effect shall be signed by the applicant, subject to the approval of the City Attorney. Upon motion by Councilman Wilson, seconded by Councilman Smith, and carried, the application was approved subject to the recommendations of the Planning Commission. Conditional Use Conditional Use Permit C-52 for Robken, Incorporated, 4940 Permit C-52 Rockledge Drive, Riverside, California, for transfer of permit Victoria Avenue from Orange Coast Associates and/or John Hay and Associates to Hospital for the Robken, Incorporated, 4940 Rockledge Drive, Riverside, Robken, Incor- California, was presented together with the recommendation of porated the Planning Commission. It was moved by Councilman Wilson, seconded by Councilman Tomchak, and carried that the transfer of Conditional Use Permit C-52 be approved subject to all the conditions on Conditional Use Permit C-52. Request for signs Request was read from Sunny Hills Sales, Incorporated, for Sunny Hills permission to erect two signs.to direct buyers to the model Sales, Incorpo- homes outside the City. One sign to be located westerly of rated Harbor Boulevard between Adams Avenue and Baker Street, and the other sign to be located on Costa Mesa Lumber property easterly of Superior Avenue. Mr. Ray Murphy, representing Sunny Hills, Incorporated, spoke in support of their request. After discussion, it was moved by Councilman Tomchak, seconded by Councilman Meyers, and carried that the request be denied. The Firehouse A report was received from Chief McKenzie on an investigation of The Firehouse, 177 East 17th Street, Costa Mesa. On the basis of the investigation by the Police Department, The Firehouse is recommended to receive renewal of their dance permit for the current fiscal year. Upon motion by Councilman Smith, seconded by Councilman Meyers, and carried, permit was granted for renewal of dance permit for The Firehouse. Bench Ad Company The Bench Ad Company requested permission to install fourteen benches at various places listed on the application. Mr. Robert Lewis and Mr. Dick McAllister, representing the Bench Ad Company, spoke supporting the request. Mr. Lewis was asked by the Council if his company had installed the benches prior to making appli- cation for permit. He said they had done this. Thereupon the Council informed Mr. Lewis that the benches must be removed, and on motion by Councilman Wilson, seconded by Councilman Tomchak, the request was denied. Bench Ad Company A motion was made by Councilman Tomchak, seconded by Councilman Continued Meyers, and carried that all owners of benches not covered by a permit be ordered to remove them. Mark C. Shearer The application of Mark C. Shearer, Costa Mesa Transit Service, for permission to install 55 or 57 benches was presented. Mr. Shearer spoke in support of his application. After a lengthy discussion, a motion was made by Councilman Wilson that the permit be granted for advertising benches subject to the Traffic Commission; that proper insurance be carried; that the usual license fee for advertising be paid; that the benches be placed at bus stops only; that the number of benches not exceed the number applied for; and that the number of benches should be left to the discretion of the Traffic Commission and be subject to review. The motion died for lack of a second. A motion was made by Councilman Tomchak, .seconded by Councilman Meyers, and carried that the request of Mark C. Shearer be held over to the meeting of August 6, 1962, and the City Attorney be directed to investigate the law governing advertising on buses and advertising benches. Councilman Smith left the council chamber at 10:20 p.m. and returned at 10:25 p.m. Muscular An application of Ndtice of Intention to Solicit for Charitable Dystrophy Purpose was received from the Muscular Dystrophy Association of Association America. Upon motion by Councilman Wilson, seconded by Council- man Meyers, and carried, permission to solicit funds was granted with the conditions of Section 6-914 J of the Municipal Code being waived. Costa Mesa A letter was read from the Costa Mesa County Water District County Water stating that hereafter a rental fee of $1.23 per hydrant per District month regardless of size or type will be charged. Mr. M. L. Pickens, representing the Costa Mesa County Water District, was present and explained the request. The City Attorney said that the Water District is without authority to make such a fee or charge because the fire hydrants are emergency equipment and Court decision has recently been handed down declaring that charge unconstitutional. Upon motion by Councilman Wilson, seconded by Councilman Meyers, and carried, the request was de- nied and the Costa Mesa County Water District ordered informed of the decision of the Council. Board of Super- A resolution of the Board of Supervisors of Orange County, Calif - visors of Orange ornia, dated July 3, 1962, was read thanking the City of Costa County Mesa for their valued contribution through providing suitable quarters and facilities including telephone service and adding machines for use by the County as reporting stations for election Costa Mesa City returns. A letter was read from the Costa Mesa City Employees' Employees' Association thanking the Council for the action that granted a Association three and one-half per cent blanket salary increase to the City employees. Upon motion by Councilman Wilson, seconded by Council- man Smith, and carried, the resolution and the letter were ordered received and filed. A letter, accompanied by two copies of letters sent to the Planning Commission regarding the Bohemian Surf Equipment Manufacturing Company, was read. A motion was made by Councilman Smith, seconded by Councilman Wilson, and carried that this complaint be investigated. Lido Car Wash A Petition to abate a Nuisance alleged to exist at the Lido Car Robert and A letter was read from Robert and Ellen Wolfsohn, 2054 Aliso Ellen Wolfsohn Street, Costa Mesa, asking for annexation. It was moved by Councilman Wilson, seconded by the request be referred to the Councilman Meyers, City Manager for a and carried that report at the next meeting. A letter, accompanied by two copies of letters sent to the Planning Commission regarding the Bohemian Surf Equipment Manufacturing Company, was read. A motion was made by Councilman Smith, seconded by Councilman Wilson, and carried that this complaint be investigated. Lido Car Wash A Petition to abate a Nuisance alleged to exist at the Lido Car s ry7 �1}qj Lido Car Wash Wash at 481 East 17th Street, Costa Mesa, was presented, and it Continued was moved by Councilman Wilson, seconded by Councilman Meyers, and carried that the City Manager investigate this claim. Alcoholic On motion by Councilman Smith, seconded by Councilman Meyers, and Beverage carried, the report of the Alcoholic Beverage Control Department Control on the application of Helen and Fay Thompson for an on -sale beer license at George's Beer Garden, 2001 Harbor Boulevard, Costa Mesa, was ordered received and filed. At this time the Mayor inquired of the audience if there were anyone present wishing to speak on any item that was not on the agenda. No one wished to speak. Proposed abandon- The City Attorney reported on proposed abandonment of that portion ment of Aliso of Aliso Street, between East 20th Street and Esther Street, that Street Mr. Oliver George did not wish to enter into a title search with owners of abutting property. Mr. Charles Daniels, 452 Esther Street, spoke from the floor and.said he did not wish further action until he had met with other owners. Thereupon a motion was made by Councilman Wilson, seconded by Councilman Meyers, and carried that the hearing be deferred to the meeting of August 6, 1962. RESOLUTION 62-101 Resolution 62-101 being A RESOLUTION.OF THE CITY COUNCIL OF THE CITY OF COSTA MESA RECOMMENDING THE CONSIDERATION AND POSSIBLE ADOPTION OF A CONSTITUTIONAL AMENDMENT CONCERNING PRAYERS IN PUBLIC SCHOOLS was adopted on motion by Councilman Wilson, seconded by Councilman Smith, and carried by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Pinkley NOES: Councilmen: Tomchak ABSENT: Councilmen: None Adams Street The City Engineer presented plans and specifications for an Adams Water Main Street Water Main. After discussion, it was moved by Councilman set for bids Wilson, seconded by Councilman Meyers, and carried that the plans be approved and that the City Clerk be authorized to advertise for bids to be opened August 6, 1962. State of Calif- The Director of Public Works presented a request from the State ornia - San Diego of California to revise the original agreement of the San Diego Freeway Freeway to permit the extension of California Street across the Orange County Flood Control Channel. Resolution 62-102, being RESOLUTION 62-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROV- ING A PROPOSED REVISION OF THE SAN DIEGO FREEWAY AGREEMENT PRO- VIDING FOR THE EXTENSION OF CALIFORNIA STREET ACROSS THE ORANGE COUNTY FLOOD CONTROL-. DISTRICT'S GREENVILLE-BANNING CHANNEL, was adopted on motion by Councilman Wilson, seconded by Councilman Meyers, and carried by the following roll call vote: AYES: Councilmen: Meyers, Smith, Tomchak, Wilson, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Hearing The Director of Public Works announced that a hearing would be San Diego Free- held August 2, 1962, relative to the proposed improvement of way - August 2, MacArthur Boulevard, between 0.5 mile south of Palisades Road and 1962 the Route 158 (San Diego) Freeway. He also presented a letter from the Irvine Company, 130+2 Myford Road, Irvine, California, urging approval of Route 1. Upon motion by Councilman Wilson, seconded by Councilman Meyers, and carried, the communications were ordered. received and filed. Mesa Verde An agreement between the owners of Mesa Verde Country Club and the Country Club-- City regarding the use of a water well on the Club property was agreement presented by the Director of Public Works. Upon motion by Councilman Meyers, seconded by Councilman Wilson, and carried, the agreement was approved and the Mayor and the City Clerk authorized to execute it for the City. E. D. Johnson The Director of Public Works reported that.E. D. Johnson and and Company Company, 633 South East Street, Anaheim, California, had com- Traffic Signals pleted construction of the traffic signal facilities on Harbor Bonds exonerated Boulevard at Baker Street, Adams Avenue, Fair Drive, and the main driveway of the Harbor Boulevard Shopping Center. The work was completed according to the contract dated April 16, 1962, and to the satisfaction of the Engineering Department. He recommended that the work be accepted and the Notice of Com- pletion filed --the bonds to be exonerated and the balance of the contract to be paid at the expiration of the waiting period. Thereupon it was moved by Councilman Smith, seconded by Council- man Meyers, that the above traffic signals be accepted as of July 16, 1962, as recommended by the Director of Public Works. This motion carried by the following roll call vote: AYES: Councilmen: Meyers, Smith, Tomchak_,-Wilson, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None E. D. Johnson A request was presented from E. D. Johnson and Company for exten- and Company sion of time for 35 days to complete work on the softball fields Extension of 35 at the new park. On motion by Councilman Wilson, seconded by days Councilman Tomchak, and carried, the extension was granted. Refund Upon motion by Councilman Wilson, seconded by Councilman Meyers, Anthony Pools and carried by a roll call vote, refund of $12.75 was granted to Anthony Pools on Building Permit 16933 and Plumbing Permit 33631 as recommended by the Building Official. Roll call vote: AYES: Councilmen: Meyers, Smith, Tomchak, Wilson, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Reports filed Upon motion by Councilman Wilson, seconded by Councilman Meyers, and carried, the reports of the Police Department, City Treasurer, City Finance Department were received and filed. City Manager The City Manager reported that because of ambiguity, he had been Mesa Verde unable to carry out the instructions of the Council of April 23, 1962, when the Director of Public Works was directed to accept bids for correcting -grade deficiencies in certain Mesa Verde houses. He pointed out that the City Attorney, who had been instructed to determine responsibility for the alleged damage to the houses, was unable to fix this responsibility since it was entirely on and involving public property. The City Manager reported that Mr. Robert Humphries, representing the complaining home owners, and qtr. Don Killion, representing the developer, had been invited to appear before the council. Mr. Humphries and Mr. Killion then presented their respective points of view, and after a lengthy discussion and upon advice of the City Attorney, it was determined that the dispute was essentially a private matter. Thereupon, Councilman Wilson moved that the action of April 23, 1962, regarding the Mesa Verde houses, be rescinded. The motion was seconded by Councilman Meyers, and carried by the following roll call vote: AYES: Councilmen: Meyers, Smith, Tomchak, Wilson, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Park budget The City Manager asked that the Council authorize and fix the reserve general reserves for the Park District for the 1962-1963 budget period as $102,82+.00. He explained that this was the amount that would be used to pay the bills, including wages, of the Park District through the "dry" period of the following year. RESOLUTION 62-103 Resolution 62-103 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ACTING AS THE SUPERVISING AUTHORITY OF THE COSTA MESA RECREATION AND PARK DISTRICT, AUTHORIZING AND FIXING THE GENERAL RESERVES FOR SAID RECREATION AND PARK DISTRICT FOR THE 1962-1963 FISCAL YEAR, was adopted by the following roll call o vote: AYES: Councilmen: Meyers, Smith, Tomchak, Wilson, Pinkley NOES: Councilmen:- None ABSENT: Councilmen: None Adjournment Upon motion by Councilman Tomchak, seconded by Councilman Meyers, and carried, the meeting adjourned at 12:25 a.m. I Mayor of the,City of Costa Mesa ATTEST: City Clerk of the City of Costa Mesa 1 _J