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HomeMy WebLinkAbout03/04/1963 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA March 4, 1963 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 p.m., March 4, 1963, 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 Richard Johnson of Mesa Verde Methodist Church. Roll Call Councilmen Present: Tomchak,.Wilson, Pinkley, Meyers, Smith. Councilmen Absent: None Officials Present: City Manager, City Attorney, City Engineer, Director of Public Works, City Clerk Minutes Upon motion by Councilman Wilson, seconded by Councilman February 18, 1963 Tomchak, and carried, the minutes of the regular meeting of February 18, 1963, were approved as written and previously distributed. OPENING OF BIDS The City Clerk opened and read the following bids from Passenger five firms for one passenger automobile: Automobile NAME AMOUNT Al Roberts Chrysler -Plymouth $ 2,799.00 Chrysler 21250.00 Plymouth Theodore Robins Ford 2,301.99 Ford 300 Miller Connell Chevrolet 21492.01 Chevrolet Stansbury Buick 21950.00 Buick McPeek Plymouth 2,257.00 Plymouth 393 Upon motion by Councilman Tomchak, seconded by Councilman Wilson, 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 to the City Council that the bid of Theodore Robins Ford Awarded in the amount of $2,301.99 was the lowest responsible bid conforming to specifications. Upon motion by Councilman Meyers, seconded by Councilman Wilson, purchase of the passenger automobile from Theodore Robins Ford was authorized by the following roll call vote:` AYES': Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None OPENING OF BIDS The City Clerk opened and read the following bids from Van Truck_ two firms for one van truck: NAME AMOUNT International Harvester $ 1,866.07 Van Truck 1963 Theodore Robins Ford 1,591.15 Ford Econoline Van Upon motion by Councilman Tomchak, seconded by Councilman Wilson, 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 to the City Council that the bid of Theodore Robins Ford Awarded in the amount of $1,591.15 was the lowest responsible bid conforming to specifications. Upon motion by Councilman Tomchak, seconded by Councilman Meyers, purchase of the OPENING OF BIDS van truck was authorized by the following roll call Van Truck vote: Awarded AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Continued Pinkley NOES: Councilmen: None ABSENT: Councilmen: None OPENING OF BIDS The -City Clerk opened and read the following bids from Vacuum sweeper three firms for .one.combination vacuum and brush ride -on power sweeper: NAME AMOUNT Cleaning Equipment Corporation $ 3,258.00 Clarke CHD-36 R..J. Lison Company 2,785 -00 -Wayne lo44 G. H. Tennant Company 3,163.50 Tennant 85 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 The Mayor then announced that this was the time and place fixed for hearing on the proposed improvement and asked if there.was anyone present who desired to be heard. There being no written protests, it was moved by Council- man Smith, seconded by Councilman Meyers, and carried, that the hearing be closed. On motion by Councilman Meyers, seconded by Councilman Tomchak, and adopted by a unanimous vote, all protests and objections were overruled and denied. On motion by Councilman Tomchak, seconded by Councilman Wilson, Reso- Resolution 63-32 lution 63-32, entitled: RESOLUTION OF THE CITY COUNCIL Ordering work OF -,THE CITY OF COSTA MESA, CALIFORNIA, CONFIRMING ASSESS - done MENT ON IMPROVEMENTS MADE IN ADAMS AVENUE AND IN CERTAIN PUBLIC EASEMENTS (ASSESSMENT DISTRICT NO. 11) IN SAID CITY; ORDERING THE WORK DESCRIBED IN RESOLUTION OF INTENTION NO. 62-138, AND DECLARING ITS ACTION UPON THE REPORT, was adopted by unanimous vote of the Council. to the City Council'that the bid of R. J. Lison Company Awarded in the amount -of $2,785.00 was the lowest responsible bid conforming to specifications. Upon motion by Councilman Wilson, seconded by Councilman Tomchak, purchase of the combination vacuum and brush ride -on power sweeper was authorized by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Counc-ilmen: None PUBLIC HEARING The Mayor announced that this was the time and place Adams Avenue fixed for the hearing of protests against the improvement, Drainage Improve- or..the extent of the district, for improvements contem- ment District plated by Resolution of Intention No. 62-138, or to the No. 1 proposed grades, or to the proposed assessment, as set forth in said Resolution. The Clerk reported that due notice of this hearing had been given in the manner and form prescribed by law and that affidavits showing such compliance are on file in his office. The Mayor then asked the Clerk if any written protests had been filed. The Clerk reported that he had no written protests. The Mayor then announced that this was the time and place fixed for hearing on the proposed improvement and asked if there.was anyone present who desired to be heard. There being no written protests, it was moved by Council- man Smith, seconded by Councilman Meyers, and carried, that the hearing be closed. On motion by Councilman Meyers, seconded by Councilman Tomchak, and adopted by a unanimous vote, all protests and objections were overruled and denied. On motion by Councilman Tomchak, seconded by Councilman Wilson, Reso- Resolution 63-32 lution 63-32, entitled: RESOLUTION OF THE CITY COUNCIL Ordering work OF -,THE CITY OF COSTA MESA, CALIFORNIA, CONFIRMING ASSESS - done MENT ON IMPROVEMENTS MADE IN ADAMS AVENUE AND IN CERTAIN PUBLIC EASEMENTS (ASSESSMENT DISTRICT NO. 11) IN SAID CITY; ORDERING THE WORK DESCRIBED IN RESOLUTION OF INTENTION NO. 62-138, AND DECLARING ITS ACTION UPON THE REPORT, was adopted by unanimous vote of the Council. Bids called Upon motion by Councilman Tomchak, seconded by Councilman Adams Avenue Wilson, and carried, the City Clerk was instructed to Drainage District call for bids to be opened on April 1, 1963, at 7:30 p.m. No. 1 or as soon thereafter as possible, for the Construction of a Storm Drain in Adams Avenue Drainage District Improvement No. 1. PUBLIC HEARING The Mayor announced'that this was the time and place set Precise Plan, for public hearing on precise plan for a 30 -foot alley 30 -foot alley extending from Westminster Avenue to Orange Avenue, parallel Westminster to with East 17th Street, between East 17th Street and Cabrillo Orange Avenues Street. The Clerk reported that notice of the hearing had been duly published and that affidavits of publication were on file in his office. He read the recommendation of the Planning Commission for adoption of the precise plan, as expressed in Resolution 47 of the Planning Commission, and two communications, one signed by six citizens opposing the precise plan, the other signed by four citizens in accord with the proposed precise plan. The Mayor then inquired if anyone wished to be heard. The following spoke in opposition: D. M. Bammes, Floy_d.Marsh, George Allingham. No one else desiring to speak, motion to close the public hearing was made by Councilman Tomchak, seconded by Councilman Wilson, and carried. After discussion, motion to defer action to the meeting of March 18, 1963, was made by Councilman Tomchak, but the motion died for lack of a second. There- upon motion for approval of the precise plan was made by Councilman Wilson, seconded by Councilman Meyers, but lost by the following roll call vote: AYES: Councilmen: Meyers, Wilson NOES: Councilmen: Smith, Tomchak, Pinkley ABSENT: Councilmen: None PUBLIC HEARING The Mayor announced that this was the time and place set Rezone 195 for public hearing on Rezone 195 for the Costa Mesa Planning Commission to rezone from R2, Two-family Resi- dential District, to C2, General Commercial District, property described as being on the northwesterly corner of East 16th Street and Orange Avenue. The Clerk reported that notice of the hearing had been duly published, that an affidavit of publication was on file in his office, and that no written communications had been received. He read the recommendation of approval by the Planning Commission provided that prior to the first reading of the Ordinance by the City Council, the following documents be filed with the City Clerk: 1. Deed for the dedication of a 17 -foot spandrel at the northerly corner of East 16th Street and Orange Avenue; 2. An Agreement between the property owners of the property included in this petition and the City of Costa Mesa subject to the approval of the City Attorney of Costa Mesa, that prior to obtaining final occupancy on any buildings constructed on this property, commercial side- walks and concrete driveway approaches will be installed by the property owners on Orange Avenue and 16th 'Street, at their expense, under the direction of the City Engineer. The Mayor then inquired if anyone wished to speak from the floor. No one wishing to speak, it was moved by Council- man Smith, seconded by Councilman Wilson, and carried, that the public hearing be closed. After discussion, it was moved by Councilman Wilson, seconded by Councilman Smith, Ordinance 63-14 that first reading be given to Ordinance 63-14, being AN First reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF A PORTION OF LOT 52, NEWPORT HEIGHTS TRACT, FROM R2 TO C2, and the Ordinance passed to second reading by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None 4 PUBLIC HEARING The Mayor announced that this was the time and place set Building Setback for the public hearing on the Revised Building Setback Line Line on College Avenue between -West Wilson Street and College Avenue Victoria Street as follows: On the west side of existing College Avenue of 90 feet from the center line beginning at the.center line.of Victoria Street and extending northerly to the center line of West Wilson Street. The Clerk reported that notice of said hearing had been published, and the affidavit -was on file in his office. He read the recommendation of the Planning Commission for adoption. The Mayor then inquired of the audience if anyone wished to speak. No one wishing to speak, motion was made by Councilman Tomchak, seconded by Councilman Wilson, and carried, that the public hearing be closed. It was moved by Councilman Wilson, seconded by Councilman Tomchak, that first reading be given to Ordinance 63-15, Ordinance 63-15 being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF First reading COSTA MESA AMENDING ORDINANCE NO. 62-50 ESTABLISHING BUILDING SETBACK LINES ON THE EAST AND WEST SIDES OF COLLEGE AVENUE BETWEEN VICTORIA, and the Ordinance passed to second reading by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 63-7 Upon motion by Councilman Smith, seconded by Councilman Adoption Wilson, Ordinance.63-7, being AN ORDINANCE OF THE CITY Rezone 193 COUNCIL OF THE. CITY OF COSTA MESA CHANGING THE ZONING OF Buccola CERTAIN REAL PROPERTY AT THE. SOUTHEAST CORNER OF FAIRVIEW ROAD -AND FAIR DRIVE FROM M1 TO Cl AND R3, was given second reading and adoption by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 63-8 Upon motion by Councilman Wilson, seconded by Councilman Adoption Smith, Ordinance 63-8, being AN ORDINANCE OF THE CITY Rezone 194 COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF LOT 38 OF TRACT NO. 653 FROM Ml TO Cl, was given second reading and adoption by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT:- Councilmen:. None Ordinance 63-9 Upon motion by Councilman Wilson, seconded by Councilman Adoption Smith, Ordinance 63-9, being AN.ORDINANCE OF THE CITY Rezone 196 COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF LOTS 1 THROUGH 47. OF TRACT N0. 4894 FROM Al TO R1, was given second reading and adoption by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 63-10 Upon motion by Councilman Wilson, seconded by Councilman Adoption Tomchak, Ordinance 63-1_0, being AN ORDINANCE OF THE CITY Rezone 197 COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING,OF LOTS 1 THROUGH 7 OF TRACT NO. 4698 FROM R 2 TO Rl, was given second reading and -adoption by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None 1 1 1 Ordinance 63-11 Upon motion by Councilman Wilson, seconded by Councilman Adoption Tomchak, Ordinance 63-11, being AN ORDINANCE OF THE CITY Rezone 198 COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF CERTAIN PROPERTY ON WATERMAN WAY FROM R 2 TO Rl, was given second reading and adoption by the following roll call vote: Record of Survey Presented with Conditional Use Permit C-145 was Record of No. 18 Survey No. 18 action also held over from the meetirg of Shoreline February 18, 1963, for Shoreline Construction Company, Construction Incorporated, 2280 Newport Boulevard, Costa Mesa, to divide a portion of Lot 221, Newport Heights Tract, into 17 parcels, property on the northerly corner of Melody Lane and Fullerton Avenue together with the recommendation of the Planning Commission for approval subject to all the conditions imposed on Conditional Use Permit C-145. The Clerk reported that no communications had been received on either of the applications. Upon motion by Councilman Smith, seconded by Councilman Wilson, Conditional Use Permit C-145 and Record of Survey No. 18 were both held over to the meeting of March 18, 1963. The motion was unanimously carried. P B R Company The request of P B R Company, 920 East Arlee Place, Sign location Anaheim, for approval of the location of a sign at 17th and Santa Ana Streets was presented, being held over from the meeting of February 18, 1963. Mr. Winterberg was present representing the sign company. After discussion, upon motion by Councilman Smith, seconded by Councilman AYES: Councilmen: Meyers, Smith, Wilson,.Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 63-12 Upon motion by Councilman Tomchak, seconded by Council - Adoption man Wilson, Ordinance 63-12, being AN ORDINANCE OF THE Rezone 199 CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF CERTAIN REAL PROPERTY ON SUSANNAH PLACE FROM R2 TO Rl, was given second reading and adoption by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Conditional Use Conditional Use Permit C-145 for Shoreline Construction Permit C-145 Company, Incorporated, 2280 Newport Boulevard, Costa Shoreline Mesa, to allow a planned residential community containing Construction 16 units, a common green area, and certain accessory structures on property located on the northerly corner of Melody Lane and Fullerton Avenue in an R4 zone, was presented again, action being held over from the meeting of February 18, 1963, together with the recommendation of the Planning Commission for approval subject to the following conditions: 1. Residential sidewalks and con- crete driveway approaches to be installed along Melody lane and Fullerton Avenue by the applicant, at his expense, under the direction of the City Engineer; 2. The appli- cant and/or subdivider shall have on file with the City and be approved by the City, the method by which Lot 17 is to be maintained; 3. That these buildings shall meet the Department of Building Safety's requirements; 4. That prior to Council action, subdivider and/or applicant shall file an amended Use Permit and Revised Record of Survey including proposed recreation area to be included in Lot 17; 5. A copy of the Record of Survey shall be filed with the State Real Estate Commission. Record of Survey Presented with Conditional Use Permit C-145 was Record of No. 18 Survey No. 18 action also held over from the meetirg of Shoreline February 18, 1963, for Shoreline Construction Company, Construction Incorporated, 2280 Newport Boulevard, Costa Mesa, to divide a portion of Lot 221, Newport Heights Tract, into 17 parcels, property on the northerly corner of Melody Lane and Fullerton Avenue together with the recommendation of the Planning Commission for approval subject to all the conditions imposed on Conditional Use Permit C-145. The Clerk reported that no communications had been received on either of the applications. Upon motion by Councilman Smith, seconded by Councilman Wilson, Conditional Use Permit C-145 and Record of Survey No. 18 were both held over to the meeting of March 18, 1963. The motion was unanimously carried. P B R Company The request of P B R Company, 920 East Arlee Place, Sign location Anaheim, for approval of the location of a sign at 17th and Santa Ana Streets was presented, being held over from the meeting of February 18, 1963. Mr. Winterberg was present representing the sign company. After discussion, upon motion by Councilman Smith, seconded by Councilman P B R Company Tomchak, and.carried, the request of the P B R Company Sign location was ordered held over to the meeting of March 18, 1963, Continued in order that the owner may be present with the sign company representative. Record of Survey Record of Survey for James Wadlow, 1801 Newport Boulevard, Wadlow Costa Mesa, to divide property at the northwest corner of Tustin and Santa Isabel Avenues into 5 lots, was presented together with the recommendation of the Planning Commission for approval subject to the recommendations of the Planning Department, dated FebrLa ry 25, 1963, and to the Colleen Place requirements of the City Engineer, dated February 25, 1963. Annexation At the request of the applicant, motion was made by Councilman Tomchak, seconded by Councilman Smith, and carried, to hold over the.application for two weeks to the meeting of March 18, 1963. Tentative Map of Tentative Map of Tract 3433, Study "A", for Doyle and Tract 3433 Shields Construction Company, 831 South Manchester Avenue, Doyle and Shields for permission to divide property located between Santa Isabel and Monte Vista, easterly of Santa Ana Avenue, into 166 lots, was presented together with the recommenda- tion for approval of the Planning Commission subject to all the conditions previously imposed by the Planning Commission and the City Council. Mr. Shields was present and answered questions of the Council. He also put maps on the bulletin board. Recess The Mayor then declared a five-minute recess and said that anyone interested -could look at the maps of Tract 3433 during the recess. The meeting reconvened at 9:05 p.m. Tentative Map of The Mayor inquired if anyone else wished to speak. Mrs. Tract 3433 Mohler, 2471 Tustin Avenue, Costa Mesa, asked questions Doyle and Shields of the Council. The engineer for Doyle and Shields explained some details. Mr. E. D. O'Brien, 2383 Tustin Avenue, Newport Beach, and Mrs. Phyllis Hines, 311 Santa Isabel, Costa Mesa, asked questions and received explanations. Upon motion by Councilman Tomchak, seconded by Councilman Wilson, and carried, Tentative Map of Tract 3433 was approved subject to all the conditions previously imposed.by the Planning Commission and the City Council. Colleen Place The Boundary Commission's approval of proposed Colleen Annexation Place Annexation located between East 22nd Street and East 23rd Street -off Santa Ana Avenue was referred to the Planning Commission on,motion by Councilman Wilson, seconded by Councilman Smith, and carried. Yellow.Cab The request for increase in rates of the Yellow Cab of Newport and Costa Mesa, Incorporated, 110 Riverside Avenue, Newport Beach, was approved on motion by Councilman Wilson, seconded by Councilman Smith, and carried. Resolution 63-33 Upon -motion by Councilman Wilson, seconded by Councilman Intention to annex Tomchak,-and carried, Resolution 63-33, being A RESOLUTION Santa Isabel OF THE CITY COUNCIL OF THE CITY OF COSTA MESA OF INTENTION Annexation No. 1 TO ANNEX TO SAID CITY A CERTAIN UNINHABITED AREA DESIG- NATED AS "SANTA ISABEL ANNEXATION NO. 1" AND NOTICE OF THE PROPOSED ANNEXATION OF TERRITORY TO THE COSTA MESA RECREATION AND PARK DISTRICT IN ORANGE COUNTY, was adopted. Roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Henry Lusk On motion by Councilman Smith, seconded by Councilman Tomchak, and carried, the City Attorney was instructed to appear in Small Claims Court in the matter of Henry Lusk .vs. the City of Costa Mesa for the sum of $7.50. Claim On motion by Councilman Tomchak, seconded by Councilman Perry Wilson, and carried,'the City Attorney was instructed to report back'to the Council at the next regular meeting of March 18; 1963, on the matter of the claim of Woodrow Perry against the City of Costa -Mesa for the sum of $20,400.00. Set for public Upon motion by Councilman Wilson, seconded by Councilman hearing Smith, and carried, the proposed precise plan for the March 18, 1963 extension of Hamilton Street and Street "A" located Precise plan, southerly of Victoria Street and easterly of Thurin extension.of Street was set for public hearing on March 18, 1963. Hamilton Street Right of way deeds Upon motion by Councilman Tomchak, seconded by Councilman Wilson, and carried, the.following right of way deeds were received and ordered placed on record: DATE. NAME FOR 12- 6-61 Thal Investment Corporation Alley west of Placentia 12- 6-61 Thal Investment Corporation Alley west of Placentia 12-14-61 A. V. Bennett & B. J. and H. Jenks Alley west of Placentia 12-14-61 A. V. Bennett & B. J. and H. Jenks Alley west of Placentia 2-15-63 Mabel R. Shreve -Ratcliffe Avocado Street 2-19-63 John E. and Mary V. Mulder Fairview and Avocado 2-21-63 T. C. Allan Storm Drain north of Wilson 2-27-63 K. W. K. Construction Company Storm Drain easement Variance 1001 Variance 1001 for Southland Apartments, Incorporated, Southland 11572 South Los Angeles Street, Orange, for permission to Apartments construct.62 residential units on 145,370 square feet of land area (2,344.70 square feet per unit) between and parallel to Pomona and Raleigh extending from Wilson Street to Victoria Street, was presented together with the recommendation of the Planning Commission for approval subject to the following.conditions: 1. A maximum of 59 units not exceeding one story in height on any unit; 2. Installation of residential sidewalks and concrete driveway approaches on Wilson and Victoria by the owner, at his expense, under the direction of the City Engineer; 3. That a 6 -foot block wall be constructed by the owner, at his expense, under the direction of the Director of Planning, along the entire easterly boundary lines and westerly boundary lines not screened by the garages; 4. As per plot plan filed with the Planning Department on January 28, 1963, with the exception of the two-story building and for only 59 units. The Clerk reported.that Variance 1001 had been returned from the Planning Commis- sion from their meeting of February 25, 1963, and recom- mended for approval with the following changes: That under Condition Nos. 2 and 3, the word "owner" be changed to "applicant." The Clerk reported that no communications had.been.received. The Mayor then inquired if anyone wished to'speak. Mr. Francis Rudnicki spoke in support of the application.- Upon motion by Councilman Smith, seconded by Councilman Tomchak, and carried, Variance 1001 JAG Variance 1001 was approved subject to the recommendations of the Southland Planning Commission. Roll call vote: Apartments AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Continued Pinkley NOES: Councilmen: None ABSENT: Councilmen:. None Conditional Use Upon motion -by Councilman Wilson, seconded by Councilman Permits Smith, and carried, the -following Conditional Use Permits were approved.subject to the conditions of the Planning Commission: C --64-A C -64-A for -Kathryn S. Gibson, 632 West 18th Street, Gibson Costa Mesa, for permission to.continue the operation of a beauty shop in .the home as a home occupation.at 632 18th Street, Costa Mesa. Conditions of Planning Commission: 1. For a period of five years; 2. No signs; 3. No employees. C -68-A C -68-A for Macco Corporation, 3800 East Coast Highway, Macco Corona Del Mar, for permission to continue the use of existing signs to advertise the first sale of homes in Tract 4204. Conditions of Planning Commission: - For a period of one year or until the homes in Tract 4204 are sold, whichever is sooner, subject to all the requirements of the Department of Building Safety; 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. C -69-A C -69-A for Lorraine Hampton, 1875 Anaheim Avenue, Costa Hampton Mesa, to continue the operation of a small beauty shop as a home occupation in the existing guest house at 607 Plumer Street in an R2 zone. Conditions of Planning Commission: 1. For a period of five years; 2. No signs; 3. No employees. - C -71-A C -71-A for Betty Jean Jones, 314 East Walnut Street, Costa Jones Mesa, for permission to continue day care for -five children, ages -12 to 9 years, in the home at 314 East Walriut''Street,. Costa Mesa. Conditions of the Planning Commission:. 1. For a period of five years; 2. No signs; 3. No employees. C-146 C-146 for Harry S. Rinker, Post Office Box 2025, Anaheim, Rinker to construct, operate, and maintain a service station in a Cl zone on the northwest cornerlof West 19th Street and Placentia Avenue was presented together with the recom- mendation of the Planning Commission for approval subject to the following conditions: 1. Dedication of all land to the City of Costa Mesa for street purposes as follows: a. All land 40 feet from the center line of West l9th Street for a distance of 1+7.5 feet westerly of the center line of existing Placentia Avenue; b. All land 30 feet from the center line .of •Placentia Avenue for a distance of 147.5 feet northerly of the center line of existing West 19th -Street; c.. 17 -foot radius on the northwest corner of Placentia Avenue and West 19th .Street. 2. Submission of Written Agreements, as follows,_ to be written by the applicant and approved by the City Attorney: a. Agreement to offer for dedication all land 40 feet from the center line (an additional l0 feet beyond condition 1-a) of existing Placentia Avenue for'a distance of 147.5 feet northerly of the center line of existing West 19th Street (This Agreement to include the 17 -foot radius) at such time.as requested by the.City; b. Agreement to :move all:: LJ 1 1 C-146 structures and improvements,.at the applicant's and/or Rinker owner's expense, if and -when -Placentia is widened; e. Continued Agreement to reconstruct all streets, including base, - pavement, curbs, gutters, commercial sidewalks and other improvements as necessary,.at the applicant's and/or owner's expense, if in the future Placentia'is widened; 3. The improvement of West 19th Street for a width of 40 feet from the center line and of Placentia for a width of 30 feet from the center line, including base, paving, curbs, gutters, commercial sidewalks and concrete driveway - approaches, under the direction of the City Engineer, at - the expense of the applicant and/or. owner; 4. Tree planting at the expense of the applicant, under the direction of the Street Superintendent. Upon motion by Councilman Wilson, seconded by Councilman Smith, and carried, Conditional Use Permit C-146 was approved subject to the recommendations of. the Planning Commission. C-148 C-148 for.Jerry Harris, 1491 -West Baker, Costa Mesa, for Harris permission.to construct and operate a Family Recreation Center including billiards, archery, gymnasium, and other related activities in a Cl zone at 1477 West Baker Street, was presented together with the -recommendation of the Planning Commission for approval, subject to the following conditions: 1. Improvement of the southerly one half of Baker Street with base, paving, curbs, gutters, commercial sidewalks and concrete driveway approaches along the frontage of the property by the applicant and/or owner, at his expense, under the direction of the City Engineer; 2. That street lighting, if needed, be installed by the applicant and/or owner, at his expense, under the direction of the Street --Lighting Superintendent; 3. Landscaping of the portion of this property fronting on Baker and Dale Way and the parking area by the applicant and/or owner, at his expense,.under.the direction of the Director of Planning. Mr. Jerry Harris, 1491 West Baker, Costa Mesa, spoke in support of his request. Motion to delay Conditional Use Permit C-148 to the adjourned meeting of March 11, 1963, in order to give Mr. Harris time to submit more detailed information was made by Councilman Wilson, seconded by Councilman Smith, and carried by the following roll call vote: AYES: Councilmen: Smith, Wilson, Tomchak NOES: Councilmen: Meyers, Pinkley ABSENT: Councilmen: None C-149 C-149 for George D. Buccola and/or Humble Oil and Buccola and/or Refining Company, 3700 Newport Boulevard, Newport Beach, Humble Oil to construct and operate a service station for the sale and handling of petroleum products and related items on the southeast corner of Fair Drive and Fairview Road was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1. This approval is for the service station use only. No building permit applications shall be approved until a Precise Plan for the service station site, containing a_minimum of .the following information, is approved by the Planning Commission: a. Architectural design of the buildings, trash area, signs and lighting, including type of.construction, materials to be used and elevations. b. Plan of landscape showing where and type of plants. c. Ingress and egress. d. Type of prepared signing.. 2. That no wall be -created along the east and south property lines andthe parking area be designed to integrate with that of the commercial development to the rear. 3. Dedication of all land 50 feet from the center line of existing Fairview Road to the City of Costa Mesa C-149 for street purposes, if not already made. 4. Dedication Buccola and/or of a suitable spandrel at the southeast corner of Humble Oil Fairview Road.and Fair Drive to the City of Costa Mesa Continued for street.purposes_under the direction of the City Engineer. 5. Improvement of the easterly one half of Fairview Road and the southerly one half of Fair Drive, bounding this property, with base, pavement, curbs, gutters, concrete driveway approaches and commercial side- walks, by the owner and/or applicant, at his expense, under the direction of the -City Engineer or by participa- tion in the Fairview Road Improvement District. 6. The locations of.driveways to be under the direction of the Costa Mesa Traffic Commission. 7. Required street lighting shall be under the direction of the Street Lighting Superintendent. 8. A Right Turn Pocket on Fairview Road shall -be designed and constructed for a distance to be determined by the City Engineer, but in no event less than 150 feet from Fair Drive. After discussion Conditional Use Permit C-149 was approved subject to the recommendations of the Planning Commission with the dele- tion of Condition No. 8 -on motion by Councilman Wilson, seconded by Councilman Meyers, and carried, Councilman Tomchak voting No. C-150 C-150 for Kolko Construction Company, 333 East 17th Kolko Street, Costa Mesa, for permission to erect a double - Construction faced, 8 -foot by 12 -foot directional sign for the purpose of advertising the first sale of homes in Tract 4787 at 2298 Santa Ana Avenue was presented together with the Planning Commission's approval for a period of one year or until the homes in Tract 4787 are sold, whichever is sooner, subject to all the requirements of the Department of Building Safety; that said sign 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. Conditional Use Permit C -150 -was approved subject to the recommenda- tions of the Planning Commission on motion by Councilman Smith, seconded by Councilman Wilson, and carried. C-151 C-151 for 0. J. Holroyd, 11002 Sherman, Garden Grove, for Holroyd permission to operate a retail nursery in a Cl zone at 3025_Harbor Boulevard, Costa Mesa, was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1. Precise plan for plant beds and storage; 2. For a period of two years with the privilege of asking for renewal with no further filing fee... Upon motion by Councilman Smith, seconded by Councilman Wilson, and carried, Conditional Use Permit C-151 was approved subject to the recommendation of the Planning Commission. C-152 C-152 for William D. Rush, 902 East First Street, Santa Rush Ana, for permission to use M1 property for the parking and storage of automobiles -at 1659 Superior Avenue was presented together with the recommendation of the Planning Commission for approval subject to the following condi- tions: 1. landscaping not less than 10 feet in width along the northerly and westerly property lines according to City standards; 2. A plot plan shall be submitted showing a satisfactory method of irrigating all planted area; 3. An opaque wall shall be installed not less than 5 feet, 6 inches nor more than 6 feet along the northerly and westerly property lines (wall to be installed at inside edge of landscaping and shall comply with City fence standards) by the applicant at his expense, under the direction of the Director of Planning; 4. For a C-152 period of three years with the privilege of renewal Rush without a further filing fee.; 5. Balance of lot not Continued covered under Condition No. 3 and not covered by any existing structures, to be enclosed by 6 -foot opaque fence, by the applicant at his expense, under the direction of the Director of Planning; 6. That the entire lot inside the fence be asphalted by the applicant, at his expense, under the direction of the City Engineer. Upon motion by Councilman Wilson, seconded by Councilman Meyers, and carried, Conditional Use Permit C-152 was approved subject to the recommendation of the Planning Commission. Permits The application for Business License for change of owner- ship from Atlantic Pacific Patrol to Harbor Security Patrol for John Buesing, Post_Office Box 2054, Newport Beach, for a Private Patrol and Detective business at 702 West 5th Street, Santa Ana, was presented. Upon motion by Councilman Wilson, seconded by Councilman Tomchak, and carried, the application was approved subject to the approval of the Chief of Police. The application for Business License for George C. Beck, 2395 College Drive, Costa Mesa, for House Number Painting on Curbs was presented. Upon motion by Councilman Wilson, seconded by Councilman Meyers, and carried, the applica- tion was approved. The Notice of Intention to Solicit for Charitable Purpose for the American Cancer Society, Orange County Branch, 848 North Birch Street, Santa Ana, -with a request to waive conditions as provided for under Section 6914 J of the Municipal Code was presented. Upon motion by Councilman Wilson, seconded by Councilman Tomchak, and carried, the application was approved with the conditions under Section 6914 J of the Municipal Code waived. Presented was the Costa Mesa -Newport Harbor Lions Club's request to conduct its eighteenth Annual Fish Fry and .Carnival and to perform and do all things incident to the carrying on of said Fish Fry and Carnival including the items specifically set forth in their request; event to be held June 1 and 2, 1963, at the Costa Mesa Park and on Park Avenue, adjacent thereto. Upon motion by Councilman Wilson, seconded by Councilman Meyers, and carried, the request was granted. The request of Christ Lutheran Church for identification. signs at the following locations was presented: 1. 17th Street and Irvine Avenue 2. Placentia Avenue and 15th Street (Newport Beach) 3. Harbor Boulevard and Baker Street 4. Harbor Boulevard and Victoria Street 5. Placentia Avenue and Victoria Street Upon motion by Councilman Wilson, and seconded by Council- man Meyers, and carried the locations for identification signs, those that are in Costa Mesa, were approved. Warrant Resolution Warrant Resolution No. 325 including Payroll No. 222 was 325 approved on motion by Couneilman_Wilson, seconded by Councilman Tomchak, and carried by the following roll call vote: . AYES: Councilmen; Meyers, Smith, Wilson,'Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Warrant Resolution Warrant Resolution No. 326 was approved on motion by 326 Councilman Wilson, seconded by Councilman Smith, and - carried by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Written The Clerk read a communication with 23 signatures con - Communications cerning undesirable literature which is readily Undesirable available to children of our area. Mrs. Meredith L. Cook, literature Edward Grell, Richard Opp, Irene Miller spoke asking the cooperation of the Council. The Councilmen expressed their support and offered to help in every way possible. Park petition The Clerk read a petition with 32 signatures requesting West side the development of a parksite on the west side of Costa Mesa. Only five of the signatures are within the Park District. Upon motion by Councilman Wilson, seconded by Councilman Smith, and carried, the Clerk was instructed to write to the petitioners stating that the first requisite for the development of the park is for the area outside the City to come within the City and the Park District. Alcoholic On motion by -Councilman Wilson, seconded by Councilman Beverage Meyers, and carried the application for Alcoholic Beverage Control License for Carl Pearce and Charles D. Snowden for an on -sale beer license at the Chit -Chat, 1562 Newport Boulevard, Costa Mesa, was ordered received and filed. The communication was read from the City of Santa Ana requesting that it be brought to the attention of the Council that a resolution opposing Assembly Bill No. 28 Resolution 63-34-. has been adopted. After discussion, Resolution 63-3+, Opposing Assembly being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Bill No. 28 COSTA MESA EXPRESSING OPPOSITION TO ASSEMBLY BILL NO. 28, was adopted on motion by Councilman Wilson, seconded by Councilman Meyers, and carried and the Clerk was directed to send it to our three Assemblymen and to our Senator. Oral The Mayor then inquired of the audience if anyone wished Communications to speak on any item that was not on the agenda. The City Attorney informed the Council that the right of way on the corner of Wilson and Fordham Drive was needed to complete the -project for the Fairview Road Improvement District. He said that the owner cannot be asked to give the right of way because he would be left with a substandard strip, and it is advisable to condemn the property. After discussion, the City Attorney was instructed to begin Resolution.63-35 condemnation proceedings, and Resolution 63-35, being A Condemnation RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING,'DETERMINING,-AND DECLARING THAT THE PUBLIC INTEREST AND -NECESSITY -REQUIRE THE AC"QUISITION OF CERTAIN PROPERTY ON FORDHAM DRIVE FOR STREET PURPOSES, AND AUTHORIZING THE ACQUISITION OF SAID PROPERTY BY CON- DEMNATION, AND DIRECTING THE CITY ATTORNEY TO PROCEED WITH SUCH ACTION, was adopted on motion by Councilman Wilson, seconded.by Councilman Tomchak, and carried by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Williams' bond The City Attorney informed the Council that in 1960 exonerated Delbert Williams was required to furnish a bond under I I i Williams' bond Rezone Petition 57 for improvements to be put in. That exonerated area is in the Fairview Road. Improvement District. He Continued recommended that Mr. Williams' bond in the amount of $3,500.00.be exonerated. Thereupon motion was made by Councilman Wilson, seconded by Councilman Meyers, that said bond be exonerated. The motion carried by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Lease, Park The City Attorney presented a lease between the Costa Mesa District and Recreation and Park District and Lawrence and Maria Frunk Frank for the rental of $70.00 per month of the premises owned by the District at 2131 Tustin Avenue, Costa Mesa. Upon motion by Councilman Tomchak., seconded by Councilman Wilson, and carried, the Mayor and the City Clerk were authorized to sign the lease on behalf of the City. Tract 4629 The City Engineer informed the Council that the improve - Bond exonerated ments in Tract 4629 have been completed in accordance with plans and specifications. He recommended that these improvements be accepted by the City and that the Street Improvement Bond be exonerated thirty-five days after the date of acceptance. Upon motion by Councilman Meyers, seconded by Councilman Wilson, and carried, the recommenda- tion of the City Engineer was approved. Tract 4607 The City Engineer informed the Council that the improve - Bond exonerated ments in Tract 4607 have been completed in accordance with plans and specifications, and he recommended that these improvements be accepted by the City and the Street Improvement Bond be exonerated thirty-five days after the date of acceptance. Upon motion by Councilman Meyers, seconded by Councilman Wilson, and carried, the recommenda- tion of the City Engineer was approved. Departmental Upon motion by Councilman Wilson, seconded by Councilman Smith, and carried, the following departmental reports were received and filed: Pound; Building Safety; Parks; Street; Planning; Fire; Finance, for the number of non- profit permits issued during the month of February. Councilman Wilson stated that the California Highway Com- mission is to hold a public hearing on March 14, 1963, con- cerning the Freeway on U. S. 101 Alternate. He said that our Resolution 336 adopted in 1957 was being given a liberal 'interpretation and requested that the City clarify its posi- tion regarding the proposed coastal Freeway. Resolution Resolution 63-36 63-36, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY Coastal freeway OF COSTA MESA SETTING FORTH AND CLARIFYING THE POSITION OF THE CITY WITH REGARD TO THE PROPOSED COASTAL FREEWAY, was adopted on motion by Councilman Wilson, seconded by Council- man Meyers, and carried by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Representation of On motion by Councilman Tomchak, seconded by Councilman City regarding Smith, and -carried, the City Attorney and Councilman.Wilson freeway were appointed to represent the City at the California Highway Commission's meeting scheduled at 10 a.m. on March 14, 1963. Adjourmnent On motion by Councilman Tomchak, seconded by Councilman Wilson, and carried, the meeting was ordered adjourned (11:00 p.m.) to -March 11, 1963, at the hour of 7:30 p.m. in the Council Chambers at the City Hall, 695 West 19th Street, Costa Mesa, California. Mayor of the City of Costd Mesa ATTEST: City Clerk of the City of Costa Mesa 11 1