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HomeMy WebLinkAbout04/01/1963 - City Council1 li L_J 1 REGULAR MEETING OF THE CITY COUNCIL CITY. OF COSTA MESA - April 11 1963 The City Council of the City of.Costa Mesa, California, met in regular session at 7:30 p.m., April 1, 1963, at the City -Hall, 695 West 19th Street, Costa Mesa. The meeting was called to order by the Vice Mayor followed by the Pledge of Allegiance to the Flag and invocation by Reverend L. V. Tornow of Christ Lutheran Church. Roll Call Councilmen Present: Tomchak, Wilson, Pinkley, Meyers, Smith Councilmen Absent: None Officials Present City Attorney, City Engineer, Director of Public Works, City Clerk Minutes Upon motion by Councilman Tomchak, seconded by Councilman March 18, 1963 Pinkley, and carried, the minutes of the regular meeting of March 18, 1963, were approved as written and previously distributed. Minutes adjourned Upon motion by Councilman Pinkley, seconded by Councilman meeting of. Tomchak, and carried, the minutes of the adjourned regular March 25,.1963 meeting of March 25, 1963, were approved as written and previously distributed. OPENING OF BIDS The City Clerk opened and read the following bids for the Construction of Construction of a Storm Drain in Adams Avenue Drainage. a Storm Drain in District Improvement No. l: Adams Avenue NAME AMOUNT Drainage District John A. Artukovich, Incorporated $169,335-00 No. 1 Knudson Construction Company, 205,957.00 Incorporated Steve P. Rados, Incorporated 1762463.00 Ecco 185,o4i .00 James A. Moran Construction. 199,033•_87 Orange County Pipeline, Incorporated 1652734.20 A. H. Famularo 158,108.82 Report on bids at Upon motion by Councilman Tomchak, seconded by Councilman meeting of Pinkley, and carried, the bids were referred to the City April 15, 1963 Engineer and the Director of Public Works for comparison and report at the meeting of April 15, 1963. Fairview Road Vice Mayor Robert Wilson, who conducted the meeting, Improvement announced that the report on the Fairview Road Improvement District -report District would be given at the meeting of April 15, 1963. to be given April 15, 1963 PUBLIC HEARING- The'Vice Mayor announced that this was the time and place Santa Isabel fixed for the hearing of protests or objections to the Annexation No. 1 proposed "Santa Isabel Annexation No. 1". The Clerk reported that the affidavits and proof of the publication of the Resolution of Intention, as required by law, had been made and were on file in the office of the City Clerk. The Vice Mayor thereupon declared the hearing open. The Clerk reported that no written protests had been received. There being no further written communications, the Vice Mayor asked if anyone wished to speak. All persons having an opportunity to be heard, and no one wishing'to speak, it.was moved by Councilman Tomchak, seconded by Councilman Smith, and carried, that the Hearing closed hearing be closed. Resolution 63-40 Thereupon Resolution 63-40, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ACTING AS THE SUPERVISING AUTHORITY OF THE COSTA MESA RECREATION AND PARK DISTRICT, ANNEXING TERRITORY TO SAID DISTRICT, was adopted upon motion by Councilman Smith, seconded by Councilman Meyers, and carried by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson,'Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 63-16 Thereupon Ordinance 63-16, being AN ORDINANCE OF THE First reading CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO THE CITY OF COSTA MESA IN THE COUNTY OF ORANGE, KNOWN AND DESIGNATED AS "SANTA 1SABEL ANNEXATION NO. 1," was given first reading on motion by Councilman Pinkley, seconded by Councilman Tomchak, and carried by the follow- ing roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING The Vice Mayor announced that this was the time and place Rezone 201 set for public hearing on Rezone Petition 201.for Mesa Mesa Grande Grande Corporation, 107 East 18th Street, Costa Mesa, to rezone property located at 120 East 20th Street from R2 to R4. 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 Com- mission for approval provided that prior to second read- ing of the.ordinance by the City Council, the following. documents be filed with the City Clerk: 1. An agreement to install residential sidewalks by the applicant and/or owner, the full width -of the property, with concrete driveway approaches, at his expense, under the direction of the City Engineer,.on 20th Street and Melody Lane; 2. Dedication of all property, if not already dedicated, necessary to improve Melody Lane (Sierks Street) to its full width, subject to the requirements of the City Engineer; 3. Agreement to improve Melody Lane (Sierks Street) with base, paving, .curbs, gutters at applicant's and/or owner's expense, under the direction of the City Engineer. The Clerk reported that no communications had been received. The Vice Mayor then inquired of the audi- ence if anyone wished to speak. No one desiring to speak, motion was made by Councilman Smith, seconded by Councilman Pinkley, and carried, that the public hearing Ordinance 63-17 be closed. Thereupon Ordinance 63-17, being AN ORDINANCE First reading OF THE CITY COUNCIL OF THE CITY OF COSTA MESA .CHANGING THE ZONING OF A PORTION OF LOT 211, NEWPORT HEIGHTS TRACT, FROM R2 TO R41 was given first reading upon motion by Councilman Pinkley, 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 The Vice Mayor announced that word had been received of the sudden death of Marion Lee Pickens, general manager of the Costa Mesa County Water District, and upon motion by Councilman Smith, seconded by Councilman Meyers and Resolution 63-41 carried; Resolution 63-41, being A RESOLUTION OF THE Regretting death ­1'CITY COUNCIL OF -THE CITY OF COSTA MESA REGRETTING THE of Marion Lee LOSS OF MARION LEE PICKENS,,MANAGER OF THE COSTA MESA Pickens L� 1 Resolution 63-41 COUNTY WATER -DISTRICT, Continued -call vote: AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: was.adopted by the.following roll Meyers, Smith, Wilson, Tomchak, Pinkley None None Record of Survey Upon motion by Councilman Tomchak, seconded by Councilman No. 19 Pinkley, and carried, Record of Survey No. 19 for James Wallow Wadlow,.1801 Newport Boulevard, Costa Mesa, to divide pro- perty at the northwest corner of Tustin and Santa Isabel Avenues into five lots, was deferred to the meeting of April 15, 1963 - Tentative map of Tentative map of Tract 5005, Study X for K. W. Koll, 1555 Tract 5005 Placentia Avenue, Newport Beach, to divide a portion of the K. W. Koll west one half of Lot 1, Berry Tract, into 75 lots, was pre- sented together with the recommendation of the Planning Com- mission for approval subject to the following conditions: 1. All the requirements of the City Engineer, dated March 22, 1963; 2. All the requirements of the Planning Depart-. ment, dated March 25, 1963; 3. That proposed Streets B and C be reduced to a 50 -foot right of way and improved 40 feet from curb to curb; 4.. Applicant was requested to. submit a revised map, incorporating Condition No. 3 to the City Clerk prior to the Council. -meeting of April 1, 1963. The Clerk reported that the revised map has been submitted. The requirements of the City Engineer were read by the Clerk. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried, Tentative -map of Tract 5005 was approved subject to the conditions of the Planning Commision with the deletion of Condition No. 10 of the City Engineer's requirements dated March 22, 1963. The Clerk reported that the required deeds of right of way had been received for Rezone 192. Upon motion by Council - Ordinance 63-6 man Smith, seconded by Councilman Meyers, Ordinance 63-6, Rezone 192_ being -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Second reading COSTA MESA CHANGING THE ZONING OF A PORTION OF IAT 19, and adoption TRACT NO. 57, FROM R2 TO C2 AND LOT 55 OF SAID TRACT FROM R2 TO AP, 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 Upon motion by Councilman Tomchak, seconded by Councilman Ordinance -63-14 Pinkley, Ordinance 63-14, being AN ORDINANCE OF THE CITY Rezone 195 COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF Second reading A PORTION OF LOT 52, NEWPORT HEIGHTS TRACT, FROM R2 TO C22 and adoption was given second reading and adopted by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen:, None ABSENT: Councilmen: None P B R Company The request of P B R Company, 920 East Arlee Place, Anaheim, for approval of the location of a sign at 17th Street and Santa Ana -Avenue was presented, being deferred from the meeting of March 18, 1963. The Vice Mayor inquired of.the audience if anyone was present represent- ing this request. Mr. Bill Winterberg spoke in support of the,request. After discussion, the request was granted on motion by Councilman Smith, seconded by Councilman Meyers, and unanimously carried. Record of Survey Upon motion by Councilman Tomchak, seconded by Councilman No. 19 Pinkley, and carried, Record of Survey No. 19 for James Wallow Wadlow,.1801 Newport Boulevard, Costa Mesa, to divide pro- perty at the northwest corner of Tustin and Santa Isabel Avenues into five lots, was deferred to the meeting of April 15, 1963 - Tentative map of Tentative map of Tract 5005, Study X for K. W. Koll, 1555 Tract 5005 Placentia Avenue, Newport Beach, to divide a portion of the K. W. Koll west one half of Lot 1, Berry Tract, into 75 lots, was pre- sented together with the recommendation of the Planning Com- mission for approval subject to the following conditions: 1. All the requirements of the City Engineer, dated March 22, 1963; 2. All the requirements of the Planning Depart-. ment, dated March 25, 1963; 3. That proposed Streets B and C be reduced to a 50 -foot right of way and improved 40 feet from curb to curb; 4.. Applicant was requested to. submit a revised map, incorporating Condition No. 3 to the City Clerk prior to the Council. -meeting of April 1, 1963. The Clerk reported that the revised map has been submitted. The requirements of the City Engineer were read by the Clerk. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried, Tentative -map of Tract 5005 was approved subject to the conditions of the Planning Commision with the deletion of Condition No. 10 of the City Engineer's requirements dated March 22, 1963. .Minute Resolution Upon motion by Councilman Pinkley, seconded by Councilman Tracts 4502 and Meyers, and carried,a Minute Resolution was adopted adding - 5005 the stipulation that the streets of Tract 4502 be brought into alignment with the streets of Tract 5005. Agreement and Grant Upon motion by Councilman Smith, seconded by Councilman of Easement, area Meyers, and carried, the Agreement and Grant of Easement parallel to Adams between the City of Costa Mesa and the State of California Avenue for an area parallel to Adams Avenue was approved and the Mayor and City Clerk authorized to execute the agreement. The motion carried by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Phyllis Mary Budge Upon motion by Councilman Tomchak, seconded by Councilman Claim for damages Pinkley, and carried, the claim of Phyllis Mary Budge for damages was referred to the City Attorney. Set for public Upon motion by Councilman Tomchak, seconded by Councilman hearing Pinkley, and carried, the following were set for public April 15, 1963 hearing on April 15, 1963: 1. Rezone Petition 200 for Sydney B. and Lucille Gaynor, 216 Marine Avenue, Newport Beach, and Fred and Helen Beck, 436 Flower Street, Costa Mesa, to rezone from M1 to C2 property at 751, 755, and 759 Baker Street and 2973 and 2991 Randolph Avenue. 2. Rezone Petition 202 for Mrs. Ruth Swope, 18+2 Park Avenue-, Costa Mesa, to rezone from Ml, Manufacturing District; to RSI-, Multiple Residential District,.property in the general area beginning at a point 378 feet southerly of the center line of West 18th Street and on the east side of Monrovia Avenue. 3. Rezone 203 for Richard D. Taylor, 2139 Placentia Avenue, Costa Mesa, to rezone from AP, Administrative and Professional District, and Rl, Single Family Resi- dential District, to Cl, Local Business District, pro- perty located at the southwest corner of Placentia Avenue and Victoria Street. 4. Rezone Petition 204 for Rados Enterprises, 112 West Maple Avenue, Monrovia, California, for permission to rezone from Ml to R3 property between 2885 Bristol Street and the Orange County Flood Control Channel in Costa Mesa. 5. Proposed Ordinance for the City of Costa Mesa amending the Costa Mesa Zoning Ordinance by additions to Chapter IX, Article 2, of the Municipal Code. Right of way deeds Upon motion by Councilman Pinkley, seconded by Councilman Tomchak, and carried, the following right of way deeds were received and ordered placed on file: DATE NAME FOR STREET --1-31-63 Francis P. and Agnes P. Rudnicki College Avenue 2-18-63 Andrew C. Mayo and Raoul Kent College Avenue 3- 4-63 Thomas E. and Juanita M. Nelson College Avenue 3-28-63 Harold S. and Florence L. Dillon 16th Street and Orange Avenue 3-28-63 Anne McEwen College Avenue 4- 1-63 Ralph H. and Marian L. Reisinger Fairview Road and Avocado Street 1 1 Variance 1008 Variance 1008 for John Velci, 5008 --193rd Street, Flushing, Velci New York, for permission to construct two units in addition to four existing units, making a total of six units on 17,000 square feet of land area (2)833 plus square feet per unit) and an encroachment of 4 feet into required 25 -foot rear yard setback, in an R2 zone, at 1948, 1950, 1952 and 1954 Meyer Place, was presented together with the recommendation of the Planning Commission for approval subject to the following condition: Residential sidewalks and concrete .driveway approaches to be installed the full width of the property on Meyer Place, by the applicant, at his expense, under the direction of the City Engineer. The Clerk reported that a letter had been received from the applicant requesting the deletion of sidewalks and stating that he would be willing to put sidewalks in -when sidewalks were being put in on the adjoining land. Mr. Ronald Wood, 411 Emerson Street, Costa Mesa, spoke representing Mr...John Velci. Upon motion by Councilman Smith, seconded by Councilman Tomchak, and carried, Variance 1008 was approved with the sidewalk requirement deleted until such time as sidewalks are being put in the surrounding area. Variance 1013 Variance 1013 for Sam McMurray., 7141 Betty Drive, Huntington McMurray Beach, for permission to construct two units on 8,100 square feet of land area (4,050 square feet per unit) in an R1 zone, property located at 257 Santo Tomas Street, was pre- sented together with the recommendation for denial of the Planning Commission. The Clerk reported that no communication had been received.. The Vice Mayor inquired of the audience if anyone wished to speak. No one wishing to speak, and the reasons for denial having been read by the Clerk, motion was made by Councilman Tomchak, seconded by Councilman Pinkley, and carried, that Variance 1013 be denied. Variance 1014 Variance 1014 for Sam McMurray, 7141 Betty Drive, Huntington McMurray Beach, for permission to construct two units on 6,355 square feet of land area in an Rl zone (1 unit per 3,167.5 square feet of land area) and a side yard encroachment of 3.5 feet into required 12.5 -foot side yard setback on Santo Tomas Street, property at the northwest corner of Santa Ana Avenue and Santo Tomas Street, was presented together with the recommendation of the Planning Commission for denial., The Clerk read the reasons for denial. The Vice Mayor asked if anyone wished to speak. No one wishing to speak, motion was made by Councilman Pinkley, seconded by Councilman Tomchak, and carried, for denial of Variance 1014. Variance 1015 Variance 1015 for Edward W. Miltenburg and C. Richard Miller, Miltenburg and 13762 Paularino Avenue, Santa Ana, for permission to con - Miller struct 12 units on 24,282.42 square feet of land area (1 unit per 2,013.53 square feet) in an R2 zone, property on the south side of Victoria Street approximately 430.54 feet westerly of the westerly termination of Hamilton Street, was presented together with the recommendation of the Plan- ning Commission for approval subject to the following condi- tions: 1. Dedication of all land 40 feet from the proposed center line of Victoria Street to the City of Costa Mesa for street purposes as determined necessary by the City Engineer; 2. That the applicant files a bond, the amount to be determined by the City Engineer, for the improvement of the southerly one half of Victoria Street with base, pavement, curbs, gutters, concrete driveway approach (es) and residential sidewalks. Said improvements to be under the direction of the City Engineer. The proposed alignment for Victoria Street will depend upon the City Engineer's requirements and the Louis Lesser development; 3. Drainage under the direction of the City Engineer; 4. Driveways under the direction of the Traffic Commission; 5. That a NO Variance 1015 one -and -one -half -to -one slope be required if a suitable Continued retaining wall is not to be constructed. 6. That the applicant does not exceed the elevations as shown on the plot.plan submitted with the variance application. After discussion, Variance 1015 was approved subject to the conditions of the Planning Commission on motion by Councilman Tomchak, seconded by Councilman Meyers, and carried. Conditional Use Conditional Use Permit C-155 for Mrs. Kathryn Small,. Permit C-155 2598 Orange Avenue, Costa Mesa, for permission to use Small a room in the home for the operation of making covered buttons and belts on a wholesale basis for the stores in the area, was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1. No signs; 2. No employees; 3.• Time limit of one year with option to renew with no fee. Upon motion by Councilman Meyers, seconded by Councilman Smith, and carried, Conditional Use Permit C-155 was approved subject to the conditions of the Planning Commission. Conditional Use Conditional Use Permit C-156 for Kenneth R. Bodenhoefer, Permit .0-156 1920 Fullerton Avenue, Costa Mesa, for permission to use Bodenhoefer an AP -zoned lot.for single family residential purposes, property located at the southwest corner,of East 18th Street and Rogers Place, was presented.together with the recommendation of the Planning Commission for approval subject to the following conditions: 1. Installation of residential sidewalks, curbs, gutters, and concrete drive- way approaches by the applicant, at his expense, under the direction.of the City Engineer, along East 18th Street and Rogers Place; 2. Dedication of a spandrel at 18th Street and Rogers Place as per City Engineer. The Vice Mayor inquired if anyone wished to be heard. No one wishing to speak, motion was made by Councilman Smith, seconded by Councilman Meyers, and carried, that Conditional Use Permit C-156 be approved subject to the conditions of the Planning Commission. Home Show The Clerk read the communication from George Colourist' Colouris Managing Director of the Home Show, 941 North Santiago Street, Santa Ana, requesting permission to hang flags at two locations: On Harbor between 19th Street and Newport Boulevard, and on 18th Street between Newport Boulevard and -Fullerton Avenue. These banners are to inform the public of the Home Show to be held at the Orange County Fairgrounds from April 3 through -April 7, 1963, and are to be installed April 2 and removed April 7, 1963.. Upon motion by Councilman Pinkley, seconded by Councilman Tomchak, and carried, the request was approved subject to the approval of the Superintendent of Streets and Police Chief McKenzie. Newport Motors The Clerk read the communication from Joe Van Noy of Van Noy Newport -Motors, 2206 Newport Boulevard, Costa Mesa, re- questing permission to use a trailer for a sales office temporarily. Upon motion by Councilman Tomchak, seconded by Councilman Meyers, and carried, permission was granted for a period of six months with possible renewal at the end of six months. Orange County The Clerk read the communication from Orange County Council Council of the of the Blind, 8292 Munster Drive, Huntington Beach, for Blind permission to conduct a fund-raising drive by selling -tickets to a circus to be held June 16, 1963, at the Orange County Fairgrounds. Upon motion by Councilman Tomchak, seconded by Councilman Meyers, and carried, permission was granted with Section 691+, J, of the Municipal Code being waived. Orange County Upon motion by Councilman Smith, seconded by Councilman Council of the Pinkley, and carried, the communication from the Director Blind Continued of -Finance advising that there were five letters of per- mission issued with -revenue fee waived during the month of March, 1963, was ordered received and filed. Harbor Security The.Clerk read the communication from Police Chief McKenzie Patrol recommending that John R. Buesing, owner of Harbor Security John.R. Buesing- Patrol, be denied a permit to operate a private patrol in the City of Costa Mesa. This application came up before the Council at the meeting of March 4, 1963, and was approved subject to the approval of the Chief of Police. Upon motion by Councilman Tomchak, seconded by Councilman Pinkley, and carried, the application was denied. Warrant Resolution Upon motion by Councilman Pinkley, seconded by Councilman 328 Tomchak, Warrant Resolution No. 328 including Payroll No. 225 was approved by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomchak., Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Warrant Resolution Upon motion by Councilman Pinkley, seconded by Councilman 329 Tomchak, Warrant Resolution No. 329 was approved by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Written Communica- Upon motion by Councilman Smith, seconded by Councilman tions Tomchak, and carried, the communication from Assemblyman Robert E. Badham and the Minutes of the Board of Super- visors of Orange County were ordered received and filed. The Clerk read a letter from Mr. and Mrs. J. Gores, 1964 Federal Avenue, Costa Mesa, complaining about drainage behind their property. Upon motion by Councilman Tomchak, seconded by Councilman Meyers, and carried, the City Manager was instructed to contact the Costa Mesa County Water District and arrange to correct the situation. The Clerk read a summary of Assembly Bill 590 concerning State aid to public libraries. Motion was made to receive and file by Councilman Tomchak, seconded by Councilman Pinkley. After discussion, Councilman Tomchak withdrew his motion, and Councilman Pinkley, his second. The City Clerk was instructed to refer to the City Attorney communi- cations pertaining to legislation in order that the City Attorney might summarize and report to the Council on motion by Councilman Tomchak, seconded by Councilman Pinkley, and carried. Upon motion by Councilman Smith, seconded by Councilman Tomchak, and carried, Resolution No. 1171 from the City of La Habra and the Minutes of the Orange County Boundary Commission were ordered received and filed. Oral Communryca- The Vice Mayor inquired of the audience if anyone wished tions Post Office to speak on any item that was not on the agenda. Mr. plans Phil Chamberlain, 1586 Elm Avenue, Costa Mesa, spoke on behalf of the.residents in the area where the new post office is to be built asking that traffic be kept from Elm Avenue. He was supported by Mr. A. C. Bailey, 1598 Elm Avenue, Costa Mesa, Mr. Robert Cook,.1582 Elm Avenue, Costa Mesa, Mr. Brockington,•2832 Andros Street. After discussion, upon motion by Councilman Tomchak, seconded by Councilman Smith, and carried, the Director of Planning was instructed to inform „ the -Post Office Department.that the existing plan for the new post office traffic is not acceptable and that a meeting be arranged to arrive at a solution that is acceptable to all concerned. CD 6 Dr. Warwick The Clerk read the recommendation of the Director of Encroachment Planning for an encroachment permit for Dr. Delbert L. Warwick, 10+2 West 18th Street, Costa Mesa, for his retaining wall of 8 feet, 4 inches into the City right of way on condition that,he files an agreement with the City, subject to the approval of the City Attorney, that he will remove said structure, at his expense, upon demand by the City of Costa Mesa; and further that the City of Costa Mesa will not be held liable on any and all cases of liability which should arise from said Encroachment Permit. Upon motion by Councilman Meyers, seconded by Councilman Smith, and carried, the permit was granted. subject to the stipulations of the Director of Planning. Adams Avenue The City Attorney reported that certain.real property Assessment designated as..Assessment No..24 in the Adams Avenue No. 24 Drainage Improvement District No. 1 was held by the Costa Mesa Union School District. He stated that due to the provisions of the law governing assessment of school property it would be in the best interest of both the School District and the City that the assess- ment be paid by the City before the issuance of bonds and that the City be reimbursed by the School District at -the time of--bonstxuction of the school. On motion by Councilman Tomchak, seconded by Councilman Meyers, the Director of'Finance was instructed to draw a warrant in the amount of $14,783.41, being Assessment No. 24 in the Adams Avenue Drainage Improvement District No. 1. The motion was carried by the following roll call vote: AYES: Councilmen: Tomchak, Wilson, Pinkley, Meyers, Smith NOES: Councilmen: None ABSENT: .-.Councilmen: None Agreement between The City Attorney then presented an agreement between the City and Costa Mesa Costa Mesa Union School District and the City covering Union School the reimbursement of said Assessment No. 24. The agree - District ment was approved and the -Mayor and City Clerk authorized to execute it on behalf of the City on motion by Council man Pinkley, seconded by Councilman Meyers, and carried. Claim The City Attorney reported that he had received a claim Michael Darnley from the parents of Michael -Darnley, who was fatally injured in a'fire on Victoria. Street, and on motion by Councilman Tomchak, seconded by Councilman Pinkley, and carried, the claim was denied. Suit against The City Attorney -further reported that no payment had Mullins and Gray been received under an agreement executed in August of 1962 between Mullins and Gray and the City for improve- ment -,in Wilson Street. On motion by Councilman Tomchak, seconded by Councilman Meyers, and carried, the City Attorney was authorized to file suit against Mullins and Gray on -behalf of the City. Complaint The City Attorney stated that a complaint had been re - Tow truck ceived that the operator of a tow truck, residing at 330 Broadway, received and responded to night calls for the truck from his home in an R1 zone. Attorney Smallwood, representing the complainant, spoke from the floor urging that such use of.the-truck constituted a business and should be discontinued. After discussion, on motion by Councilman,Tomchak, seconded by Councilman Smith, and carried, action was deferred until the adjourned meeting of April 8, 1963, to permit an attorney for the truck operator to be heard. Departmental On motion by Councilman Smith, seconded by Councilman Tomchak, and carried, the -following departmental reports Departmental were received and filed: Parks; Building Safety; Fire; Continued Planning; Street. Adjournment On motion by.Councilman Tomchak,seconded by Councilman 9:40 p.m. Pinkley, and carried, the meeting was ordered adjourned to 7:30 p.m., the 8th -day of April, 1963, in the Council Chambers in the City Hall. Mayor of the City of Costa Me ATTEST: City Clerk of the City of Costa Mesa 1 1