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HomeMy WebLinkAbout11/19/1962 - City CouncilI aj- fey i,5 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA November 19, 1962 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 p.m., November 19, 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 Franklin Bixler of the First Christian Church. Roll Call Councilmen Present: Tomchak, Wilson, Pinkley, Meyers, Smith Councilmen Absent: None Officials Present: City Attorney, Director of Public Works, City Manager, City Engineer, City Clerk Minutes Upon motion by Councilman Tomchak, seconded by Councilman November 5, 1962 Meyer4 and carried, the minutes of the regular meeting of November 5, 1962, were approved as written and previously distributed. OPENING OF BIDS The City Clerk opened and read the following bids from five Rotary Air firms for a rotary air compressor: Compressor NAME AMOUNT Blystone Equipment Company $3,34o.00 Engine and Equipment Company 2,870.00 Brown -Bevis Industrial Equipment Company 3,430.00 Orange County Equipment Company 2,880.00 Essick Machinery Company 2,786.00 Upon motion by Councilman Wilson, seconded by Councilman Tomchak, and carried, the bids were received and referred to the Director of Public Works for report later in the meeting. Later in the meeting the Director of Public Works- reported Bid awarded and to the City Council that the.bid of theEssick Machinery Purchase author- Company in the amount of $2,786.00 was the lowest responsible ized bid. Upon motion by Councilman Wilson, seconded by Councilman Tomchak, purchase of the rotary air compressor from the Essick Machinery Company was authorized. The motion carried by the following roll call vote: AYES: Councilmen: Tomchak, Wilson, Pinkley, Meyers Smith NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING The Mayor announced that this was the time and place fixed River No. 1N for the hearing for protests or objections against the pro - Annexation posed "River No. 4 Annexation" located South of Victoria Street and west of Valley Road. The Clerk reported that the affidavits and proof of the publication of the Resolution of Intention, and the mailing of notices of adoption of the Resolution of Intention, as required by law, had been made and were on file in the office of the City Clerk. The Mayor thereupon declared the hearing open. Hearing Closed The Clerk reported that no written protests had bean received. There being no further written communications, the Mayor asked if there were anyone present wishing to speak. All persons having an opportunity to be heard, and no one wishing to speak, it was moved by Councilman Wilson, seconded by Councilman Smith, and carried, that the hearing be closed. 1 Conditional Use Conditional Use Permit C-128 for Harry J. Rogers, 733 Via Permit C-128 -Lido Soua, Newport. Beach, for permission to build seven Rogers apartment units over a new proposed commercial building at 2255 Harbor Boulevard, was presented together with the recommendation -of the Planning Commission for denial. The Clerk read a letter from Architect Willard T. Jordan request- ing that Conditional Use Permit C-128 be withdrawn. Upon motion by Councilman Wilson, seconded by, Councilman Tomchak., and carried, Conditional Use Permit C-128 was allowed to be withdrawn. Tentative Tract Tentative Tract Map of Tract 3+33, Study X, in the name of 3+33 Doyle and Doyle and Shields, 831 South Manchester, Anaheim, to divide Shields' property described as portions -of Lots 113, 114, 115, and 116, Tract No. 300, into 1,40 lots, was presented. On motion by Councilman Tomchak, seconded by Councilman Meyers,and carried, Tentative Tract Map of Tract 3+33 was approved subject to all the recommendations of the Planning Commission: 1. All the requirements of the City Engineer, dated November 13, 1962; 2. All the requirements of the Director of Planning, dated November 13, 1962; 3. That applicant be allowed to utilize the existing utility poles on the perimeter of their property; with the stipulation by the Council that the property be annexed to the Costa Mesa County Water District. Paul Todd The request of Paul Todd, 814 West 19th Street, Costa Mesa, Carl A. Stone for abandonment of 10 -foot strip of land dedicated to the City 10 foot abandon- of Costa Mesa for alley purposes, to the rear of AP 115-350-47, went was presented together with the recommendation of the Planning Commission for approval. A letter was read from Carl A. Stone, Sr., requesting that the 10 -foot strip at the rear of his property be returned to him also. Upon motion by Councilman Wilson, seconded by Councilman Meyers, the Mayor and City Clerk were authorized to execute a Quit Claim Deed to Paul Todd and to Carl A. Stone, Sr., from the City of Costa Mesa. The motion carried by the following roll call vote.: AYES: Councilmen: Wilson, Tomchak, Meyers, Smith, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Kelso' The application of Harry M. Kelso, Post Office Box 1+55, Subdivision 155 Newport Beach, for deletion of stipulation on Subdivision No. Deletion of 155 which reads:- "That the 45 -foot lot designated as Parcel No. condition 3 in the application, be restricted to use for driveway or parking for church purposes only, and not as a building site," was pre- sented together with the recommendation of the Planning Commission for approval. A letter from Mr. and Mrs. George W. Sutton, 657 Victoria Street, Costa Mesa, was read protesting the deletion of the above stipulation until adequate drainage is provided. Mr. George Sutton spoke repeating the protest mentioned in his letter. Mr. John Emerson, representing Mr. Kelso, spoke supporting the applicant's request. After discussion, motion was made by Councilman Smith, seconded by Councilman Wilson, and carried, that action be deferred to the meeting of December 3, 1962, so that the drainage problem can be worked out with the proper authorities— Right of gray Upon motion by Councilman Smith, seconded by Councilman Wilson, deeds the following right of way deeds were accepted and ordered placed on record by the following roll call vote: AYES:. Councilmen: Wilson, Tomchak, Meyers, Smith, Pinkley NOES: Councilmen: None ABSENT:. Councilmen: None DATE NAME FOR STREET 10-2-62' International Church of the Four Square Gospel Alley SE off Orange 11-12-62 Seventh-Day Adventists Avocado Street 11-14-62 Johan H. and Marianne M. Gores Storm Drain Easement 11-15-62 Mills, Incorporated Alley opening in Lot 8, Tract 3+60 Variance 995 Variance 995 for John Palmer Miller, M. D., 446 West Miller 19th Street,'Costa Mesa, for permission to encroach 10 feet into a required 50 -foot front yard setback from the center line of West 19th Street for construction of a two- story commercial building at 415 West l9th Street was pre- sented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1: Dedication of all land 40 feet from the center line of existing West 19th Street and the spandrel at the northeast corner of this property, to the City of Costa Mesa for street purposes; 2. The grade level must equal that of the surrounding property; 3. Parking, ingress and egress, to be worked out by the architect under the direction of the Director of Planning, prior to the public hearing by the City Council; 4. Commercial sidewalks to be installed along West 19th Street at the expense of the applicant, under the direction of the City Engineer; 5. Parking lot to be striped in such a manner so that there will be integral traffic flow from abutting lots. After discussion, action was deferred to the meeting of December -3, 1962, on motion by Councilman Wilson, seconded by Councilman Tomchak, and carried. Variance 996 Variance 996 for Robert C. Thomas and Duane E. Vinson, 407 Thomas and Vinson Fullerton Avenue, Newport Beach, for permission to construct 13 apartment units on 20,295 square feet of land area (with one unit per 1,561 square feet) at 560 Hamilton Street was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1. That a minimum driveway of 18 feet in width be provided; 2. That residential sidewalks be installed along the frontage of the property on Hamilton Street and concrete driveway approaches, at the expense of the applicant, under the direction of the City Engineer; 3. Dedication of all land 30 feet from the center line of existing Hamilton Street, to the City of Costa Mesa, for street purposes; 4. Parking and driveway should be enclosed with a 6 -foot opaque wall. A note from the Fire Department was read which stated that with the long, one-way drive there would not be adequate room to move fire fighting equipment'or to turn it around. The Mayor then inquired if anyone wished to speak. No one wishing to speak, motion was made by Councilman Wilson, seconded by Councilman Tomchak, to deny Variance 996. The motion carried by the following roll call vote:: AYES: Councilmen: Tomchak, Wilson, Pinkley NOES: Councilmen: Meyers, Smith ABSENT: Councilmen: None Variance 997 Variance 997 for Jesse Lowell Overby, 1815 Tustin Avenue, Overby Costa Mesa, for permission to construct a single-family resi- dential unit over a garage in addition to one existing residential unit, making a total of 2 units on 7,2+5 square, feet of land area (1 unit per 3,622 square feet) with a 6 -foot maximum encroachment into required 25 -foot rear yard setback at 1815 Tustin Avenue was presented together with the recom- mendation of the Planning Commission for approval subject to the following conditions: 1.• Subject to building department regulations in regards to footings, etc; 2. Residential sidewalks to be installed at applicant's expense, under thea direction of the City Engineer, and concrete driveway approaches; 3. Parking under the direction of the Director.of Planning. The Clerk read a letter of protest from Mr. J. D. Douglas, 412 Magnolia Street, Costa Mesa. The Mayor then inquired if anyone wished to speak. Mr. Jesse Overby spoke in support of his request. After discussion, a motion for approval subject to the conditions of the Planning Commission was made by Councilman Smith, seconded by Councilman Meyers. The motion carried by the following roll call vote: AYES: Councilmen: Meyers, Smith, Pinkley NOES: Councilmen: Tomchak, Wilson ABSENT: Councilmen: None Conditional Use Conditional Use Permit C -35-A for Macco Corporation, 3800 East Permit C -35-A Coast Highway, Corona del Mar, for continuation of Conditional Masco Corporation Use Permit for one 12 -foot by 30 -foot, double-faced directional sign to advertise the first sale of homes in Tract 4204, at 2869 El Rio Circle. Upon motion by Councilman Smith, seconded by Councilman Wilson, and carried, Conditional Use Permits C -23-A, C -24-A, C -27-A, C -35-A were approved subject to the conditions of the Planning Commission. The following Conditional Use Permits were presented together with the recommendation of the Planning Commission for approval subject to the following conditions: For a period of one year or until the first lease'of apartments at 1741 Tustin Avenue and 1845 Anaheim Avenue, whichever is sooner, subject to all the requirements of the Department.of Building Safety, and that said signs are to be removed by the applicant, at their 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. Conditional Use Conditional:Use Permit C-133 for Braeburn Construction Company, Permit C-133 3700 Newport Boulevard, Newport Beach, to permit an 8 -foot by Braeburn Construc- 12 -foot, double -face sign to advertise the first lease of the tion Company "Martinique East Apartments", Frith a 34 -foot setback from the center line of Tustin Avenue at 1741 Tustin Avenue. Conditional Use The following Conditional Use.Permits were presented together Permits with the recommendation of the Planning Commission for Sherwood Forest approval subject to the following conditions: For a period Developers of one year or until the homes in the tracts are sold, which- ever is sooner, subject to all the requirements of the Depart- ment of Building Safety; That said signs be removed by the applicants; at their expense, at the end of one year and an Agreement to this effect shall be signed by the applicants, subject to the approval of the City Attorney., Conditional Use Permit C-23-A Conditional Use Permit C-23-A for Mesa Del Mar Development Company, 3800 East Coast Highway, Corona del Mar, for contin- Mesa Del Mar uation of Conditional Use Permit for a 12-foot by 30-foot sign Development for sales aid in Mesa Del Mar Development for a period not to Company exceed 12 months, located at 915 Coronado Drive, Costa Mesa. Conditional Use Conditional.Use Permit C-24-A for K & K Development Company, Permit C-24-A 1555 Placentia Avenue, Newport Beach, to permit the continua- K & K Development tion of existing on-site Subdivision sign to advertise the Company homes in Tract No. 4232 at 3001 Grant Avenue, Costa Mesa. Conditional Use Conditional Use Permit C-27-A for Macco Corporation, 3800 East Permit C-27-A Coast Highway, Corona del Mar, for continuation of existing Macco Corporation Directional Sign (12-foot by 18-foot, double-face) to advertise the first sale of-homes in the College Series, Tract 4204, at 1199 El Camino Drive. Conditional Use Conditional Use Permit C -35-A for Macco Corporation, 3800 East Permit C -35-A Coast Highway, Corona del Mar, for continuation of Conditional Masco Corporation Use Permit for one 12 -foot by 30 -foot, double-faced directional sign to advertise the first sale of homes in Tract 4204, at 2869 El Rio Circle. Upon motion by Councilman Smith, seconded by Councilman Wilson, and carried, Conditional Use Permits C -23-A, C -24-A, C -27-A, C -35-A were approved subject to the conditions of the Planning Commission. The following Conditional Use Permits were presented together with the recommendation of the Planning Commission for approval subject to the following conditions: For a period of one year or until the first lease'of apartments at 1741 Tustin Avenue and 1845 Anaheim Avenue, whichever is sooner, subject to all the requirements of the Department.of Building Safety, and that said signs are to be removed by the applicant, at their 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. Conditional Use Conditional:Use Permit C-133 for Braeburn Construction Company, Permit C-133 3700 Newport Boulevard, Newport Beach, to permit an 8 -foot by Braeburn Construc- 12 -foot, double -face sign to advertise the first lease of the tion Company "Martinique East Apartments", Frith a 34 -foot setback from the center line of Tustin Avenue at 1741 Tustin Avenue. Conditional Use Conditional Use Permit C-134 for Sherwood Forest Developers, Permit C-134 3700 Newport Boulevard; Newport Beach, to permit a 6 -foot by Sherwood Forest 10 -foot sign to advertise -the first lease of the "Martinique Developers West Apartments" with a 35 -foot setback from the center line of Anaheim at 1845.Anaheim Avenue. Upon motion by Councilman Wilson, seconded by Councilman Smith, and carried, Conditional Use Permits C-133 and C-134 were approved subject to the conditions of the Planning Commission with the set- back lines to be established by the City Engineer. Conditional Use Conditional Use Permit C-135 for St. Joachim Parish, 1529 West Permit C-135 9th Street, Los Angeles, for permission to construct and operate St. Joachim Parish a residence for teachers in an R2 zone at 1943 Orange Avenue, Costa Mesa, was presented together with the recommendation of the Planning Commission for approval subject to the follow- ing conditions: 1. Dedication of land along the northeast side of this lot for the extension of Walnut Street as showm on a map on file in the office of the Planning Department; 2. Installation of residential sidewalks with concrete driveway approaches along Orange Avenue and the extension of Walnut Street, by the applicant at their expense, under the direction of the City Engineer; 3. Improvement of the extension of Walnut Street along this property with base, pavement, curbs, gutters by the applicant, at their expense under the direction of the City Engineer; or applicant may submit a Letter of Intent that applicant will improve their portion of the extension of Walnut Street under the direction of the City Engineer when that portion of Walnut Street between Fullerton and Orange Avenue is improved; 4. Six-foot block wall to be installed at the applicant's expense, along the northwesterly property line. Mr. H. L. Pederson, 2191 Harbor Boulevard, Costa Mesa, spoke from the floor and asked questions of the Council. After discussion, motion for approval.subject to the conditions of the Planning Commission with the deletion of conditions 1 and 3 and the stipulation that the appli- cant shall conform to a setback line to be established by the City Engineer for the future extension of Walnut Street was made by Councilman Wilson, seconded by Councilman Tomchak, and carried. The following Conditional Use Permits were presented together with the recommendation of the Planning Commission for approval subject to the following conditions: For a period of one year or until the homes in -the tracts are sold, whichever is sooner, subject to all the requirements of the Department of Building Safety; that the signs be removed by the applicants, at their 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. Conditional Use Conditional Use Permit C-136 for Macco Construction, Incorpor- Permit C-136 ated, 3800 East Coast Highway, Corona del Mar, for permission Macco Construction to continue the use of the existing directional sign (8 -foot by 12 -foot) to advertise the first sale of homes and/or lots in Tract 37+9 (originally approved under Variance 803) at 2709 Bristol Street. Conditional Use Conditional Use Permit C-137 for Macco Construction Company, Permit C-137 3800 East Coast Highway, Corona del Mar, for permission to Macco Construction continue existing 4 -directional signs (originally approved under Variance 871) at: 787 Presidio; 2709 Bristol; 2729 Bristol; 2701 San Lucas Lane. Conditional Use Upon motion by Councilman Wilson, seconded by Councilman Smith, Permits C-136 and ..and carried, Conditional Use Permits C-136 and C-137 were C-137 approved subject to the conditions of the Planning Commission. Permits Upon motion by Councilman Wilson, seconded by Councilman Smith, and carried, permission was granted to the Downtown Business- men's Association of Costa Mesa to install Christmas Decora- tions along the sidewalk area on the west side of Newport Avenue, from West 18th Street on the south to Broadway on the north. Upon motion by Councilman Smith, seconded by Councilman Meyers, and carried, permission was granted to Eaton Xmas Trees, 2016 Newport Boulevard, to sell Christmas trees from December 7 through December 22, 1962, subject to the provi- sions of the Electrical and Fire Codes of the City of Costa Mesa. L Permits Upon motion by Councilman Smith, seconded by Councilman Continued Meyers, and -carried, permission was granted to the Newport Harbor Seventh -day Adventist Church to'solicit for charitable purpose five nights weekly from 6 p.m. to 9 p.m. November 26, 1962,.through December 25, 19621with'the conditions of Section 6914_"J" of the Municipal Code being waived. :-,Upon--motion-by Councilman Tomchak,-seconded by Councilman - Wilson,.and-carried, permission was- granted to Fairview Therapeutic Pool. Volunteers, Post Office Box 1000, Costa Mesa, to solicit for charitable purpose with the conditions of Section 691+.:"J". of the Municipal Code being waived. Warrant Resolution Upon motion by Councilman Smith, seconded by Councilman - 310 Wilson, and carried, Warrant Resolution No. 310 including Payroll Nos. 210 and 211 was approved. The motion carried by the following roll call vote:. AYES: Councilmen: Meyers, Smith, Tomchak, Wilson, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Warrant Resolution Warrant Resolution No. 311 was approved on motion by Council - 311 man Smith, seconded by Councilman Wilson, and carried by roll call vote: AYES: Councilmen: Meyers, Smith, Tomchak, Wilson, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Written Communi- Upon motion by Councilman Smith, seconded by Councilman cations Wilson, and carried, the following were received and filed: Letter from Robert Lee Larson; Letter from State of Cali- fornia Division of Highways; A Resolution of the Board of Supervisors of Orange County thanking the City of Costa Mesa for the use of election facilities on the 6th of November, 1962; A communication from the State of California Public Utilities Commission; The application of Leroy M. and Alcoholic Beverage Mildred L. Machie for a new off -sale beer and wine license Control at 2106 Newport Boulevard from the Alcoholic Beverage Control; The application of Phyllis M. and Russell J. Wessels for a new off -sale beer and wine license at 488 East 17th Street, Costa Mesa, from the Alcoholic Beverage Control; The appli- cation of the Mayfair Markets for an off -sale general license at 175 East 17th Street from the Alcoholic Beverage Control. Minute Resolu- A letter from the City of Long Beach containing a resolution tion Opposing vigorously opposing any legislation permitting or sanctioning partisan labels the use of partisan political labels by municipal office by candidates candidates was read by -the Clerk. Upon motion by Councilman Smith, seconded by Councilman Wilson, and carried, a Minute Resolution was adopted reaffirming the position of the Council in opposition to the use of partisan labels by municipal office candidates. Written Communi- A letter from Mrs. Julie H. Collen, 2116 Raleigh Avenue, Costa cations Mesa, was read by the Clerk requesting sidewalks for the City. The letter was referred to Councilman Wilson, for consideration on motion by Councilman Smithy seconded by Councilman Pinkley., and carried. A communication from Marvin E. White of Marv's Liquor, 170+ Newport Boulevard, Costa Mesa, requesting a refund of $35.00 on License No. 4485, was read by the Clerk. Upon motion by Councilman Wilson, seconded by Councilman Smith, and carried, the communication was referred to the City Attorney for reply. Oral Communications.. Ther Mayor_- then inquired -.'of the- audience if anyone wished''t`o speak .on .any. item.. that -was not. on. the :agenda. No one did`' ' wish to. speak:: Drainage District The City.Attorney introduced a.petit`ion'signed by 94 per Improvement No. 1 .:ce4t,,gf'the people in the -.area requesting that the Council or Adams Avenue institute proceedings for the improvements of Adams Avenue Drainage.District. :.Drainage:.District (Drainage-District,:Improvement No. 1) under the 1913: Act. (Bonds are ,to, be sold under the 1911 Act.')'. After,discussion, and upon -motion by Councilman Wilson-seconded,by Councilman .Meyers; .and carried, Resolu- Resolution: 62-136 -tion 62=136;, :being A RESOLUTION .OF- THE, CITY COUNCIL OF THE Appointing engin- CITY OF COSTA MESA APPOINTING ENGINEER AND ATTORNEYS IN eer and attorneys CONNECTION WITH DRAINAGE DISTRICT IMPROVEMENT NO. I%(ADAMS STREET DRAINAGE PROJECT); ESTABLISHING THE COMPENSATION r FOR SAID ENGINEER AND ATTORNEYS, which appoints Donald Dungan and William Brown as attorneys and Don Southworth as engineer for Drainage District No. 1, was adopted by the following- roll call vote: AYES: Councilmen: Meyers, Smith, Tomchak, Wilson, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Resolution 62-137 Upon motion by Councilman Wilson, seconded by Councilman Adopting map Meyers, Resolution 62-137 being A RESOLUTION OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING MAP OF ASSESSMENT DISTRICT NO. 11 IN THE MATTER OF DRAINAGE DISTRICT IMPROVEMENT NO. 1 (ADAMS AVENUE DRAINAGE PROJECT), 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 Wilson, seconded by Councilman Resolution 62-138 Meyers, Resolution 62-138, being a RESOLUTION OF THE CITY Intention COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVE- MENTS IN ADAMS AVENUE AND IN CERTAIN PUBLIC EASEMENTS SITU- ATED SOUTHERLY OF ADAMS AVENUE FOR THE CONSTRUCTION OF STORM DRAINS; DESCRIBING THE PROPOSED IMPROVEMENTS, DISTRICT TO BE BENEFITED, ORDERING THE REPORT AS REQUIRED BY THE MUNICIPAL IMPROVEMENT ACT OF 1913, BEING DIVISION 12 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND PROVIDING THE ISSUANCE OF BONDS UNDER DIVISION 7 OF SAID CODE (ASSESS- MENT DISTRICT NO. 11), was asopted by the following roll call vote: AYES: Councilmen: Meyers, Smith, Tomchak, Wilson, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Drainage District The City Attorney presented a petition signed by 89 per cent Improvement No. 2 of property owners in the Gisler Avenue area requesting that or Gisler Avenue the Council institute proceedings for the acquisition and Drainage Project improvements under the provisions of the 1913 Act. (Bonds to be issued under the 1911 Act.) After discussion, and upon motion by Councilman Wilson, seconded by Councilman Meyers, Resolution 62-139 Resolution 62-139, being a RESOLUTION OF THE CITY COUNCIL Appointing engineer OF THE CITY OF COSTA MESA, CALIFORN]A, APPOINTING ENGINEER and attorney AND ATTORNEY IN CONNECTION WITH DRAINAGE DISTRICT IMPROVE- MENT NO. 2 (GISLER AVENUE DRAINAGE PROJECT); ESTABLISHING THE COMPENSATION FOR SAID ENGINEER AND ATTORNEY, was adopted by the following roll call vote: AYES: Councilmen: Meyers, Smith, Tomchak, Wilson, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None (Appoints Don Southworth as engineer and Don Dungan as attorney.) i7 Upon motion by Councilman Wilson, seconded by Councilman` Resolutio2 .62-140 Meyers, Resolution 62-140 being a RESOLUTION OF THE CITY OF Adopting map COSTA MESA, CALIFORNIA, ADOPTING MAP OF ASSESSMENT DISTRICT N0.,12 IN THE MATTER.OF DRAINAGE DISTRICT IMPROVEMENT NO. 2 (GISLER AVENUE DRAINAGE PROJECT_) was..adopted by the following roll call vote AYES: Councilmen: Meyers, Wilson, Tomchak, Smith Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Upon motion by Councilman Wilson, seconded by Councilman . Resolution 62-141 Meyers, Resolution 62-141 being a RESOLUTION OF THE CITY Intention COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENT -ION TO.ORDER THE.CONSTRUCTION OF CERTAIN IMPROVE- MENTS AND -THE ACQUISITION OF CERTAIN.PROPERTIES FOR DRAIN- AGE PURPOSES; DESCRIBING THE NECESSARY ACQUISITIONS, PROPOSED IMPROVEMENTS, DISTRICT TO BE BENEFITED, ORDERING THE REPORT AS REQUIRED BY THE MUNICIPAL IMPROVEMENT ACT OF 1913, BEING DIVISION 12 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND.PROVIDING THE ISSUANCE OF BONDS UNDER DIVI- SION 7 OF SAID CODE (ASSESSMENT DISTRICT NO. 12), was adopted by the following roll call vote: AYES: Councilmen: Meyers, Wilson, Tomchak, Smith Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Agreement between City and the State San Diego Freeway Resolution 62-142 Approvingagree- ment Final map of Tract 4894 K.W.K. Construc- tion Company . Resolution 62-143 The City Attorney recommended that an agreement be negotiated between the State of California and the City of Costa Mesa for the State to acquire the right of way -adjacent to the San Diego Freeway, and he also recommended that the -estimated cost of $150,000 be advanced to the State for the acquisition. He said that upon the development of the frees -ray the State would pay to the City $130,000 and a second sum of $20,000, more or less, upon the awarding of the contract. He recommendedthat the City Manager be authorized to execute the agreement on behalf of the City and the Director of Finance be authorized to draw a warrant in the amount of $150,000 payable to the State of California. On motion by Councilman Wilson, seconded by Councilman Meyers, Resolution 62-142, being a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING AN AGREEMENT BY AND BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF COSTA MESA FOR THE ACQUISITION OF CERTAIN RIGHT OF WAY ADJACENT TO THE SAN DIEGO FREEWAY AND AUTHORIZING THE EXECU- TION OF SAID AGREEMENT, was adopted by the following roll call vote: AYES: Councilmen: Meyers, Wilson, Tomchak, Smith Pinkley NOES: Councilmen: None - ABSENT- Councilmen:' None The City Engineer presented the final map of Tract 489+ sub- mitted in the name of K. -W. K. Construction Company, Incorpor- ated, 1555 Placentia Avenue, Newport Beach, to divide property in the general area north of Paularino Avenue west of Yellow- stone Drive -into 47 lots, together with a signed agreement; a surety bond in the amount of $83,600.00; a cashier's check in the amount of $7,802.03. Thereupon on motion by Councilman Meyers, seconded by Councilman Tomchak, Resolution 62-143, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING -THE MAP.OF TRACT NO..4894 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_SIGNTHE AGS, was adopted by the following roll call vote: AYES: Councilmen: Meyers, Wilson, Tomchak, Smith Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Construction of The City Engineer presented plans and specifications for the water mains in Construction of Water Mains in Bristol Street and Paularino Bristol Street Avenue, Unit 2, Upon motion by.Councilman Wilson, seconded and Paularino by Councilman Tomchak, and carried, the plans and specifications Avenue .,were approved and the City Clerk authorized to advertise for bids to be opened at the meeting of December 17, 1962, at 7:30 Bids called for p.m. B. C. Grow The City Engineer informed the Council that B. C. Grow and Notice of Comple- Associates has completed the work for the improvement of the tion Berry Rancho Park Site in accordance with plans and specifi- cations and recommended that the work be accepted and a Notice of Completion be filed with the County Recorder. Upon motion by Councilman Wilson, seconded by Councilman Meyers, and carried, the work was accepted and Notice of Completion to be filed. Refund The Director of Public Works recommended that a refund of $9.92 be granted to George N. Barnes, 164 Merrill Place, Costa Mesa, billed for weed abatement. Upon motion by Councilman Wilson, seconded by Councilman Meyers, and carried" by roll call vote; the refund was authorized. Roll call vote: AYES: Councilmen: Meyers, Smith,Tomchak, Wilson Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Departmental Upon motion by Councilman Wilson, seconded by Councilman Meyers, and carried, the report from the City Treasurer for the month of October, 1962, and the Financial Report ending October 31, 1962, were received and ordered filed. Sidewalk report The City Manager reported that the -problem of constructing sidewalks on both sides of streets within walking distance of 17 schools would cost a large sum of money. He cited 'the area around Wilson School District to cost about $69,000 and the area around Lindbergh School to cost about $97,085. The study is being continued. Beautification The City Manager reported that plans were being made to fill Committee the positions on a Beautification Committee so that matters needing Council approval can be brought before the Committee for its recommendation. Conditional Use The City Manager reported on Conditional Use Permit C-129 for Permit C-129 C. J. Segerstrom and Sons and/or Standard Oil Company of Cali- Segerstrom and fornia, 605 West Olympic Boulevard, Los Angeles 15, for per - Standard Oil mission to construct and operate a service station in a com- Company mercial zone on the northeast corner of Fairview Avenue and Baker Street. The Planning Commission recommended approval subject to the following conditions: 1. Dedication to the City of Costa Mesa for street purposes of all land 50 feet from the center line of existing Fairview Road for a distance of 402.48 feet; -2. Dedication to the City of Costa Mesa of a 17 -foot curb radius on the northeast corner of Fairview Road - and Baker Street; 3. That commercial sidewalks, including concrete driveway approaches, be installed by the applicants, at their expense, under the direction of the City Engineer as follows: (a) On Fairview Road for a distance of 402.48 feet; (b) On_Baker Street for a distance of 757.01 feet. (Sidewalks at station site to be installed now, with the balance as property is developed); 4. That no walls or fences be placed around the station and.that the station parking be integrated with that of the overall commercial development; 5. That the pump island setback on Baker Street be set 10 feet from the.new property line; 6. That the applicants sign an agreement with the City of Costa Mesa that they will move, at their expense, any structures that may be in.the path of any future street widening. After discussion, motion was made by Councilman Wilson, seconded by Councilman Conditional Use Tomchak,. and.carried, that Conditional Use Permit C-129 be Permit C-129 approved subject to the conditions of the Planning Commission Continued with condition No. 6 to read as it is with the words added, "or provide protective 12 -foot right -turn pockets under the supervision of the City Engineer." Harbor Shopping The City Manager brought to the attention of the Council the Center parking need for safety barriers in the Harbor Shopping Center park - Lot hazard ing lot. Upon motion by Councilman Wilson, seconded by Councilman Meyers, and carried, the Director of Public Works was instructed to contact the owners and request that safety measures be taken to eliminate this hazard. City Manager's Upon motion by Councilman Wilson, seconded by Councilman vacation Meyers, and carried, the City Manager was authorized to take his vacation any time within the period of November 19, 1962, through January 1, 1963. Adjournment Upon motion by Councilman Tomchak, seconded by Councilman Smith, and carried, the meeting adjourned at 10:15 P.M. ayor of the City of Costa esa ATTEST: City Clerk of the City of Costa Mesa 1 1 QJ A2