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HomeMy WebLinkAbout05/20/1963 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA May 20, 1963 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 p.m., May 20, 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 Robert -Cahill of Upper Bay Baptist 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 and Deputy City Clerk. - Minutes Upon motion by Councilman Tomchak, seconded by Councilman May 6, 1963 Wilson, and carried, the minutes of.the regular meeting of May 6, 1963, were approved as written and previously distributed. - OPENING OF BIDS The Deputy City Clerk opened and read the following bids Construction of from nine firms for the Construction of Water Mains in Water Mains in Fairview Road Between Fair Drive and E1 Camino Drive: Fairview Road NAME AMOUNT Between Fair Drive William R. Shriver, Jr. $ 58,364.00 and E1 Camino Drive Leo Weiler Construction .Company 57,928.60 Gallacher Company 57,574.34 The Mayor announced that this was the time and place fixed A. H. Famularo 56,117.47 Annexation Ledford Brothers 71,414.24 Tustin Avenue and Bay Street. The Deputy Clerk reported Rosecrans Construction Company 51,993.42 Lowe and Watson Construction Company 69,462.00 adoption of the Resolution of Intention, as required by Royal Pipeline Construction 53,837.98 Orange County Pipeline, Incorporated 54,193.80 Upon motion by Councilman Wilson, seconded by Councilman Tomchak, and carried, the bids were received and referred to the City Engineer for check and report later in the meeting. Later in the meeting the City Engineer reported to the City Council that the -bid of Rosecrans Construction Company in the amount of $51,993.42 was the lowest responsible,bid conforming to specifications. Upon motion by Councilman Meyers, seconded by Councilman Tomchak, the Awarding of contract for the Construction of Water Mains in Fairview contract Road Between Fair Drive and El Camino Drive was awarded to Rosecrans Construction Company in the amount of $51,993:42. PUBLIC HEARING The Mayor announced that this was the time and place fixed Aliso No. 1 for the hearing of protests or -objections against the Annexation proposed Aliso No. 1 Annexation located in the area of Tustin Avenue and Bay Street. The Deputy 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. Protest- The Deputy City Clerk reported that one written protest had been received signed by five persons. Upon motion by Councilman Wilson, seconded by Councilman Meyers, and carried, the protest was referred to the City Engineer for 38 Aliso No. 1 check and report later in the meeting. The Mayor inquired Annexation if anyone wanted to speak in support of the protest. No Continued one desired to speak. Later in the meeting the City Engineer reported that the protest represented 36.3 per cent of the assessed valuation of Aliso No. 1 Annexation, and it was not a majority protest. Upon motion by Councilman Wilson, seconded by Resolution 63-57 Councilman Meyers, Resolution 63-57, being A RESOLUTION Finding majority OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, protest not made FINDING THAT A MAJORITY PROTEST HAS NOT BEEN MADE, was adopted by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 63-22 Upon motion by Councilman Meyers, seconded by Councilman Aliso No. 1 Smith, Ordinance 63-22, being AN ORDINANCE OF THE CITY Annexation COUNCIL OF THE CITY OF COSTA MESA APPROVING THE ANNEXA - First reading TION OF CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO THE CITY OF COSTA MESA IN THE COUNTY OF ORANGE, KNOWN AND DESIGNATED AS 'ALISO NO. 1 ANNEXATION," was given first reading by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Resolution 63-58 Upon motion by Councilman Meyers, seconded by Councilman Annexing territory Smith, Resolution 63-58, being A RESOLUTION OF THE CITY to.Recreation and COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ACTING Park District AS THE SUPERVISING..AUTHORITY OF THE COSTA MESA RECREATION AND PARK DISTRICT, ANNEXING TERRITORY TO SAID DISTRIC^1, was adopted by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES:, Councilmen: None ABSENT: Councilmen: None 1 1 1 Mr. Clarence Munsey, 20+6 Aliso Avenue, Costa Mesa, thanked the Council for annexing the territory to the City. PUBLIC HEARING The Mayor announced that this was the time and place set Rezone 207 for the public hearing on Rezone Petition No. 207 for the Orange Coast Costa Mesa Planning Commission to -rezone from I and R, College property Institutional and Recreational to R3, Three -Family Resi- dential District and C2,.General Commercial District, property as described in the.petition, commonly known as the Orange Coast College property, and located on the east.side of Harbor Boulevard on both sides of proposed Adams Avenue. The Deputy City Clerk reported that notice of said hearing had been.published, and the affidavit was on file in the City Clerk's office. He read the recom- mendation for approval of the Planning Commission to rezone the property to R3 and Cl, provided that prior -to the second reading of the Ordinance, the owner and/or owners.submit an agreement, subject to the approval of the City Attorney, as follows: 1. That the existing Tentative Tract Map be revised and submitted to the City for approval so that the land dimensions in the proposed tract will conform to the dimensions as indicated on the map attached to the Rezone Petition, and this revised Tentative Tract Map should cover the entire property as shown under Tentative Tract 4768; 2. That the property north of the proposed Adams Avenue extension also be rezoned to Cl (as indicated on the map attached to the Petition); 3. That underground utilities will be provided 1 1 1 PUBLIC HEARING for both the residential and commercial areas; 4. That Rezone 207 the owners will adhere to the plan submitted with the Orange Coast understanding that any revisions in the master plan are College property to be approved by the Planning Commission; 5. That Continued ingress and egress onto Harbor Boulevard and Adams Avenue shall be approved by the Costa Mesa Traffic Commission. The Mayor inquired if anyone wished to speak. .Mr. Don Stevens, 116 East 18th Street, Costa Mesa, said that the developers would prefer not to revise the map. The Mayor inquired if anyone else wished to speak. No one wishing to speak, motion was made by Councilman Tomchak, seconded by Councilman Wilson, and carried, to close the public hearing. After discussion and upon motion by Ordinance 63-21 Councilman Smith, seconded by Councilman Meyers, Ordinance First reading 63-21, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF CERTAIN PORTIONS OF THE FAIRVIEW TRACT COMMONLY KNOWN AS THE ORANGE COAST COLLEGE.PROPERTY FROM I & R TO R3 AND Cl, was given first reading by the following roll call vote: . AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING The Mayor announced that this was the time and place set Abandonment for for the public hearing for the Abandonment of Property Gage and Clary Acquired for -Opening of Gage and Clary Streets. The Streets Deputy City Clerk reported that notice of said public hearing had been duly published, and the affidavit was on file in the City Clerk's office. He reported that no written communications had been received and read the recommendation of the Planning Commission for approval that the property revert back to the original owners. The Mayor inquired if anyone wished to speak. No one desiring to speak, it was moved by Councilman Tomchak, seconded by Councilman Smith, and carried, that the public hearing be closed. Upon motion by Councilman Tomchak, Resolution 63-53 seconded -by Councilman Meyers, Resolution 63-53, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ORDERING THE VACATION OF CERTAIN PORTIONS OF LOTS 1001,'1002, 1003, loo4, llol, 1102, 1103, 1104, NEWPORT MESA TRACT, IN THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: .None ABSENT: Councilmen: None Ordinance 63-20 Upon motion by Councilman Wilson, seconded by Councilman Adoption Smith, Ordinance 63-20, being AN ORDINANCE OF THE CITY Parking and Stop COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTIONS 3449 Signs AND 3465 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA, 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 At this point Councilman Wilson left the council chambers. Upon motion by Councilman Smith, seconded by Councilman Resolution 63--54 Meyers, Resolution 63-54, being A RESOLUTION OF THE CITY Colleen Place COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ACKNOWL- Annexation EDGING RECEIPT OF NOTICE OF INTENTION TO CIRCULATE PETI- TION RELATING TO THE ANNEXATION OF TERRITORY TO THE CITY OF COSTA MESA, CALIFORNIA, AND APPROVING THE CIRCULATION ' 4-0 Resolution 63-54 OF PETITION, was adopted by the following roll call vote: Colleen. -Place AYES: Councilmen: Meyers, Smith, Tomchak, Pinkley Annexation NOES: Councilmen: None Continued - ABSENT: Councilmen: Wilson Resolution 63-55 Upon motion by Councilman Smith, seconded by Councilman Project Statement Tomchak, Resolution 63-55, being A RESOLUTION OF THE CITY No. 1 - State COUNCIL OF THE CITY OF COSTA MESA ADOPTING AND SUBMITTING Highway Fund A BUDGET FOR EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES, was adopted by the following roll call vote: AYES: Councilmen: Meyers, Smith, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Wilson Resolution 63-56 Upon motion by Councilman Tomchak, seconded by Councilman Project Statement Smith, Resolution 63-56, being A RESOLUTION OF THE CITY E-6 -- State COUNCIL OF THE CITY OF COSTA MESA ADOPTING AND SUBMITTING Highway Fund A BUDGET FOR EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES, was adopted by the following roll call vote: AYES: Councilmen: Meyers, Smith, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Wilson 1 Building Moving The application for Building Moving Permits Nos. 418 and Permits 418 and 419 for Highland Development Company, 488 East 17th 419 - Highland Street, Costa Mesa, to move a residence and detached Development. garage from the Harbor Shopping Center, 2300 Harbor Boulevard, to 2212 Placentia Avenue, was presented together with the recommendation of the Planning Commis- sion for approval subject to the following conditions: 1. Residential sidewalks and concrete driveway approaches to be installed by the owner or applicant, at his expense, under the direction of the City Engineer; 2. That a bond of $4,000.00 beposted for the main structure and a bond of $1,000.00 be posted for the accessory structure; 3. That the building be completed within 60 days after date of delivery. The Mayor inquired if anyone wished to speak. Upon motion by Councilman Smith, seconded by Councilman Meyers,. and carried, Building Moving Permits Nos. 418 and 419 were approved subject to the recommenda- tion of the Planning Commission. Right of way Upon motion by Councilman Tomchak, seconded by Councilman deeds Meyers, the following right of way deeds were ordered received and placed on record by the following roll call vote: AYES: Councilmen: Meyers, Smith, NOES: Councilmen: None ABSENT: Councilmen: Wilson DATE NAME 5- 9-63 A. C. and Julia K. Petitte 5-10-63 Clement C. and Yolanda T. Doyle 5-14-63 Ralph A. and Dorothy E. Lutge 5-14-63 Charles M. and Minnie M. Adams 5-16-63 Lillian P. Vopalensky 5-17-63 C. Gertrude .Stovall 5-17-63 D. V. Carter and C. H. Vopalensky 5-17-63 D. V. Carter and C. H. Vopalensky 5-20-63 `J. R. Curry and Company Tomchak, Pinkley FOR Fordham Drive West 19th Street Parsons,Street Parsons Street Storm Drain - Hamilton to College Harbor Boulevard Storm Drain - Hamilton to College Storm Drain - Hamilton to College Park Drive Variance 1020 Variance 1020 for Sam McMurray, 7141 Betty Drive, McMurray Huntington Beach, for permission to encroach 2.5 feet into =a� Variance 1020 required 37..5 -foot side yard setback from the center line McMurray of Santo Tomas Street for.construction of a single-family Continued residence at the corner of 'Santo Tomas and Santa Ana Avenue, was presented together with the recommendation of the Planning Commission subject to the following condi- tions: 1. Before approval of any Building Permit Appli- cation by the Planning Department, a cash bond be pro- vided.for residential sidewalks along Santa Ana Avenue and Santo Tomas Street and concrete driveway approaches; 2. No eave overhang shall project closer than 2 feet 6 inches to the property line;.3. The structure shall be moved to the rear of the lot enough to pass the sight clearance, a distance of about 5 2 feet plus or minus; 4. Tree planting under the direction of the Street Superintendent.. The Mayor inquired if anyone wished to speak and also asked if the applicant were present. The applicant was not present. Upon motion by Councilman Tomchak, seconded by Councilman Smith, and carried, Variance 1020 was approved subject to the conditions of the Planning Commission. (Councilman Wilson absent) Variance 1022 Variance 1022 for Arthur Edward Thurston, 2452 Elden Thurston Avenue, Costa Mesa, for permission to construct an - additional 6 units in addition to one existing unit, making a total of 7 units on 20,130 square feet of land area (2,876 plus or minus square feet per unit) in an R2 zone, was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1. Dedication of all land 30 feet from the center line of Elden Avenue to the City of Costa Mesa for street purposes; 2. That residential sidewalks and concrete driveway approaches be installed by the owner and/or applicant, at his expense, under the direction of the City Engineer. The Mayor inquired if anyone wished to speak. No one wishing to speak, motion was made by Councilman Smith, seconded by Councilman Meyers, and carried, Councilman Tomchak voting No, for approval subject to the recommendations of the Planning Commission. (Councilman Wilson absent) Variance 1026 Variance 1026 for Robert L. Lindquist, 1658 Samar, Costa Lindquist Mesa, for permission to encroach 5 feet into required 20 -foot -rear yard setback -for addition of a rumpus room at that address, was presented together with the recom- mendation of the Planning Commission for approval. The Mayor inquired of the audience if anyone wished to speak. Upon motion by Councilman Smith, seconded by Councilman Tomchak, Variance 1026 was granted. The motion was carried. (Councilman Wilson absent) Conditional Use Conditional Use Permit C -85-A for S. V. Hunsaker, 4405 Permit C -85-A Irwindale Avenue, Irwindale, California, to permit the Hunsaker continuance of a 10 -foot by 12 -foot directional sign and 6 feature signs for the first lease of apartments to advertise the first lease of 52 apartments completed one year ago at 710 West 18th Street, was 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 710 West 18th Street, Costa Mesa, whichever is sooner, subject to all the requirements of the Department of Building Safety, and that said signs be removed by the applicant, at his expense, at the end of one year and agreement to this effect shall be signed by the applicant, subject to the approval of the City Attorney. After dis- citssion, motion was made for approval subject to the recommendations of the Planning Commission by Councilman Meyers, seconded by Councilman Smith, and carried, Council- man Tomchak voting No. (Councilman Wilson absent) Conditional Use Conditional Use Permit -C-161 for Glenn Croft, 180 Permit C-161 Broadway, Costa Mesa, to use two AP -zoned lots for - Croft residential purposes to accommodate two units in addition to existing six units, a total of 8 units on 15,000 square feet of land area (1 unit per 1,875 square feet of land area) on the southwest corner of East 18th Street and Orange Avenue, was presented with the request of the applicant for deferral to the meeting of June 3, 1963. Also presented for Glenn Croft was appli- Building Moving cation for Building Moving Permit No. 420 to move a Permit 420 duplex from 210 Walnut Street to 1785 Orange Avenue. Croft Upon motion by Councilman Tomchak, seconded by Council- man Smith, and carried, Conditional Use.Permit C-161 and Building Moving Permit No. 420 were deferred to the meeting of June 3, 1963, as requested by the applicant. Conditional Use Conditional Use Permit C-169 for Walker Oil Company, Permit C-169 2293 West Ball Road, Anaheim, to permit the construction Walker Oil Company and operation of a service station in a C2 zone at the northeast corner of Wilson Street and Newport Boulevard, was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1. Dedication of one foot to the rear of the property to the City of Costa Mesa for alley improve- ment; 2. The resurfacing and widening of the alley to the rear of the property at the owner's and/or the applicant's expense, under.the direction of the City Engineer; 3. That commercial sidewalks and concrete driveway approaches be installed on East Wilson Street, under the direction of the City Engineer and on Newport Boulevard under the direction of State Division of Highways, by the owner, at -his expense; 4. That all street cuts be granted approval by the State Division of Highways on Newport Boulevard and by the City Engineer on East Wilson Street and the driveways shall be 35 feet in width across the flat portion with 2 feet of curb at the property line; 5. That.dedication be made to the City of Costa Mesa for a 35 -foot radius spandrel on the corner of Wilson Street and Newport Boulevard (northeast corner); 6. That no building permits be issued until approval of this proposal has been received from the State Division of Highways; 7. The Division of Highways' approval shall have considered Costa Mesa's request for a permanent crossing of the Newport Freeway at Wilson Street. The Deputy City Clerk reported that the require- ments are here from the State Division of Highways, and an easement has been received. Upon motion by Councilman 'Tomchak, seconded by Councilman Meyers, and carried, Conditional Use Permit C-169 was approved subject to the requirements of the Planning Commission. (Councilman Wilson absent) Councilman Wilson returned to the council chambers. Conditional Use Conditional Use Permit C-170 for Mercedes School of Permit C-170 Ballet, 2238 Catherine Place, Costa Mesa, for permission Mercedes School to conduct a ballet academy in an R2 zone at 2144 Thurin of Ballet Street; was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1. Time limit of one year with option to renew; 2. No signs. Upon motion by Councilman Wilson, seconded by Councilman Tomchak, and carried, Conditional Use Permit C-170 was approved subject to the recommendation of the Planning Commission. Conditional Use Conditional Use Permit C-172 for Leonard Schreiber, 884 Permit C-172 West 19th Street, Costa Mesa, for permission to operate Schreiber a brake repair station as a home occupation at 885 West 19th Street, in an R1 zone, was presented together with 1 1 1 Conditional Use the recommendation of the Planning Commission for denial. Permit C-172 The Mayor inquired if anyone wished to speak from the Schreiber audience. No one wished to speak. After discussion, Continued motion for denial was made by Councilman Tomchak, seconded by Councilman Meyers, and carried. (Later in the meeting action was. rescinded) Conditional Use Conditional Use Permit C-173 for Church of Scientology of Permit C-173 California, Costa Mesa Branch, 1695 Irvine Avenue, Costa Scientology Mesa, to use C2 property for church purposes by conducting Church confessional services by appointment and to hold Sunday services from 10:30 a.m. until.12 noon at 1695 Irvine Avenue, Suite 209, was presented together with the recom- mendation of the Planning Commission for approval subject to the following conditions: 1. Time limit of 1 year with option to renew; 2. Approval of and subject to the Fire Code of the City of Costa Mesa Fire Department. After discussion, motion for denial was made by Council- man Wilson, seconded by Councilman Smith, and carried, Councilman Tomchak voting No. Virginia Berner came forward and requested the Council to reconsider their denial of Conditional Use Permit C-173 for Church of Scientology of California. The Council did not wish to reconsider their action. Conditional Use Conditional Use, Permit C-174 for Bay Ready Mix, Incorpo- Permit C-174 rated, 711 West 17th Street, Costa Mesa, to exceed the Bay Ready Mix maximum permissible height limit as per Section 9293.2, Division XII, Municipal Code, allowing the construction of a Ready Mix Concrete Plant and its operation at 760 West 16th Street, was presented. Upon motion by Councilman Tomchak, seconded by Councilman Smith, and carried, Conditional Use Permit C-174 was deferred to the meeting of June, -3, 1963, as requested by the applicant. Permits Application for Business License for Ted T. Owens to hold yearly dances at the Oasis, 2101 Placentia, was presented. Mr. Owens spoke to the Council. After discussion, per- mission was granted subject to revocation on just cause by the City -Council at any future date on motion by Councilman Tomchak, seconded by Councilman Wilson, and carried. Upon motion by Councilman Smith, seconded by Councilman Wilson, and carried, the following fireworks permits were granted: Costa Mesa Moose Lodge No. 1457, 453 East 17th Street, Costa Mesa --stand to be located at 259 East 17th 'Street. Explorers Post No. 185, Boy Scouts of America, 435 East 17th Street, Costa Mesa --stand to be located at 2300 Harbor Shopping Center. _ Upon motion by Councilman Wilson, seconded by Councilman Tomchak, and carried, the following Notice of Intention to Solicit for Charitable Purpose was granted with the waiving of conditions of Section 6914 J of the Municipal Code: National Multiple Sclerosis Society, Southern California Chapter, 622 South Kenmore Avenue, Los Angeles 5, California. Warrant Resolution Upon motion by Councilman Wilson, seconded by Councilman 333 Tomchak, Warrant Resolution 333 including Payroll 228 was approved by the following roll call vote: AYES: Councilmen: Meyers,. Smith, Wilson, Tomchak, Pinkley y NOES: Councilmen: None ABSENT: Councilmen: None Written The Deputy City Clerk read a letter from the president communications of Local 1465 requesting a meeting with a committee from the City Council. Upon motion by Councilman Smith, seconded by Councilman Wilson, and carried, the letter was referred to the City Manager -,for report at the meeting of June 3, 1963. The Deputy City Clerk read a request from Cub 'Scout Packs 186 and 107 of Costa Mesa for the use of 16th Street between Superior Street and the Barr Lumber Company on Saturday, June 8, 1963, between the hours of 8 a.m. and 4 p.m. to be used for the annual Cub Scout Auto Race sponsored by the local Optimists Club. Upon motion by Councilman Tomchak, seconded by Councilman Wilson, and carried, permission was granted subject to' the approval of the Chief of Police. Refund Upon motion by Councilman Wilson, seconded by Councilman Meyers, refund of $16.66 ($10.20 on Building Permit 19311; $3.40 on Plumbing Permit 38186; $3.06 on Electrical Permit 19703) was authorized to Blue Haven Pools, 1221 North Harbor Boulevard, Anaheim, California. The motion carried by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Upon motion by Councilman Meyers, seconded by Councilman Smith, and carried, the following application for alcoholic beverage licenses were ordered received and filed: Elsie S. and Michael Roller for an off -sale beer and wine license at the Speedee Mart, 488 East 17th Street; Patricia A. and Allen Deacon for a new on -sale general license at the Sportsman's Restaurant, 1670 Newport Boulevard. Upon motion by Councilman Tomchak, seconded by Councilman Meyers, and carried, the letter from the City of San Juan Capistrano saying they have adopted a resolution endorsing an initiative proposal to stir national celebration of the Fourth of July by the ringing of bells. Upon motion by Councilman Tomchak, seconded by Councilman Meyers, and carried, the communication was ordered received and filed. Upon motion by Councilman Wilson, seconded by Councilman Smith,.and carried, the following communications were ordered received and filed: William J. Phillips, Super- visor, Third District, Orange County, acknowledging support and cooperation given for recognition of County as a separate standard metropolitan statistical area; City'of Orange, their resolution for consideration of supporting of Senate Bill No. 344; City of Buena Park, their resolution urging support of Senate Bill 344; City of Anaheim, opposing Assembly Bill No. 351; Assemblyman Robert E. Badham, regarding Assembly Bill No. 927. Oral. The Mayor inquired if anyone wished to speak on any item Communications that was not on the agenda. Mr. Leonard Schreiber requested permission to speak explaining why he thinks he should be allowed to operate a brake repair service at his home. After discussion during which it was brought out that seven -land owners were present at the Council meeting who were interested in the rezoning of this area. Study to be made On motion by Councilman Tomchak, seconded by Councilman for possible Meyers, and carried, the Planning Director was instructed rezoning to initiate an immediate study of the area on West 19th 1 1 1 Possible rezoning Street between Federal and Whittier Avenues for the Study Continued purpose of possible rezoning. Conditional Use A motion was made by Councilman Tomchak, seconded by Permit C-172 Councilman Meyers, to rescind previous action on Condi- Schreiber tional Use Permit C-172 and to reconsider Conditional Use. Permit C-172 simultaneously with the proposed rezone. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Tomchak, Pinkley NOES: Councilmen: Meyers, Smith ABSENT: Councilmen: None _ The City Attorney reported that he had an agreement between the State of California and the City Costa Mesa regarding the Gisler Avenue Storm Drain and recommended that it be accepted. Upon motion by Councilman Tomchak, seconded by Councilman Wilson, Resolution 63-59, being Resolution 63-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Gisler Avenue MESA, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE Storm Drain CITY OF COSTA MESA AND THE STATE OF CALIFORNIA FOR THE CONSTRUCTION .OF A STORM DRAIN ADJACENT TO AND NEAR GISLER AVENUE BETWEEN BEAR STREET AND HARBOR BOULEVARD AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE SAIF ON BEHALF OF THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Conditional Use The City Attorney said that the agreement required in Permit C-146 Conditional Use Permit C-146 (brought up at the Council Rinker Agreement meeting of March 4, 1963) for Harry S. Rinker has been received, and he, recommended that it be approved and be recorded. Upon motion by Councilman Wilson, seconded by Councilman Smith, and carried, the agreement was approved and the City Clerk directed to record same. Agreement The City Attorney presented an agreement between Lillian Vopalensky- P. Vopalensky and the City of Costa Mesa in which the Fairview. Road City agrees to pay.$500.00 for easement rights and Improvement severance damage involved in the construction and District permanent installation of the storm drain structure in the Fairview Road Improvement District. Upon motion by Councilman Smith,'seconded by Councilman Meyers, the agreement was approved, and the City Manager was instructed to sign on behalf of the City. The motion carried by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None . Agreement The City Attorney presented an agreement between the City Petitte of Costa Mesa and A. C. and Julia K. Petitte in which the Fairview Road City agrees to pay $1,500.00 for easement deeds for the Improvement Fairview Road Improvement District. Upon motion by District Councilman Wilson, seconded by Councilman Smith, the agreement was approved and.the City Manager instructed to sign on behalf of the City. The motion carried by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None 4-5 Agreement - Carter The City Attorney presented an agreement between the City and Vopalen.sky of Costa Mesa and Doretta V. Carter and Clifford H. Fairview Road Vopalensky in which the City agrees to pay $475.00 for Improvement easement rights in connection with the Fairview Road District Improvement District. Upon motion by Councilman Smith, seconded by Councilman Wilson, the agreement was approved, and the City Manager is to sign on behalf of the City. The motion carried by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None City Attorney's The City Attorney reported on Assembly Bills 927 and 351 report and Senate Bill 344, after which the.Council thanked the City Attorney for his excellent report. Final map for The City Engineer presented final map for Tract 5011 for Tract 5011 Hycroft Terrace, 516 --29th Street, Newport Beach, portion Hycroft of Lots 8 and 9 of Berry Rancho, together with two agree- ments, three copies of each, signed; a surety bond in the amount of $84,000.00; a check in the amount of $6,861.23. Thereupon motion by Councilman Wilson, seconded by Resolution 63-60 Councilman Smith, Resolution 63-60, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE - MAP OF TRACT -NO. 5011 AND ACCEPTING THE STREETS AND ALLEYS SHOWN THEREON FOR PUBLIC USE FOR HIGHWAY PURPOSES AND AUTHORIZING THE CITY CLERK TO SIGN SAID MAP AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT, was adopted by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Gallacher Company The City Engineer reported that the Gallacher Company has Notice of completed the construction of Water Mains in Bristol Completion Street and Paularino Avenue in accordance with plans and specifications and recommended that this work be accepted by the City and a Notice of Completion be filed with the County Recorder. Upon motion by Councilman Wilson, seconded by Councilman Smith, aria carried, the work was accepted and Notice of Completion to be filed. Tract 3+33 The City Engineer reported that -the developer of Tract Funds released 3433 has completed a portion of the improvements amounting to $65,115.00 and recommended that eighty-five per cent, or $55,347.75 of the funds held -in escrow by Title Insurance and Trust Company be authorized for release. Upon motion by Councilman Wilson, seconded by Councilman Meyers, the release of the funds was authorized by the following roil call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Call for bids The Director of Public Works requested permission to Construction of advertise for bids for Construction of Traffic Signal Traffic Signal Facilities at Five Intersections with intersections as Facilities at Five follows: Fairview and Wilson; -Fairview and Fair; Intersections Fairview and Arlington; Fairview and Baker; Baker and Mendoza. Upon motion by Councilman Wilson, seconded by Councilman Meyers, the Director of Public Works was authorized to advertise for bids to be opened at the meeting of June 17, 1963. The motion carried by the 1 f] 1 Call for bids following roll call vote: Construction of AYES: Councilmen: .Meyers, Smith, Wilson, Tomchak, Traffic Signal Pinkley Facilities at Five NOES: Councilmen: None Intersections ABSENT: Councilmen: None Continued the month of April; Police Department for month of April, The Director of Public Works recommended that the City request that property within the limits of the City be Trailer parks excluded from the levy of any County tax to provide structural fire protection. Upon motion by Councilman Resolution 63-61 Smith, seconded by Councilman Wilson, Resolution 63-61, Requests exemption being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF from levy of tax COSTA MESA, CALIFORNIA, FINDING THAT THE CITY OF COSTA to provide struc- MESA HAS AN ORGANIZED FIRE DEPARTMENT IN OPERATION AND tural fire EXISTENCE WHICH PROVIDES ADEQUATE STRUCTURAL FIRE PRO - protection TECTION TO ALL PROPERTY WITHIN SAID CITY, AND AUTHORIZING PETITION TO BE FILED WITH THE BOARD OF SUPERVISORS OF THE Adjournment COUNTY OF ORANGE TO HAVE PROPERTY WITHIN SAID CITY EXEMPTED FROM THE LEVY OF ANY COUNTY TAX TO 'PROVIDE STRUCTURAL FIRE PROTECTION, was adopted by the following roll call vote: AYES:. Councilmen: Meyers, Smith, Wilson, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Tomchak Soil Test and The Director of Public Works presented an agreement Material Control between the City and the County for Soil Tests and Tests Material Control Tests. Upon motion by Councilman Wilson, seconded by Councilman Smith, the agreement was approved to be extended to June 30, 1964, and the Mayor and the City Clerk authorized to sign said agreement on behalf of the City. The motion carried by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Law suit - Hane The City Attorney reported that the law suit instituted Construction to recover funds for work on Baker, Enterprise, and Paularino was now finished and the City would recover $3,322.01 plus costs from Hane Construction Company as a result of this action. Departmental Upon motion by Councilman Smith, seconded by Councilman Meyers, and carried, the following departmental reports were received and filed: Audit of accounts for the period of July 1, 1962 through March 31, 1963; City Treasurer for the month of April; Financial report for the month of April; Police Department for month of April, and first quarter of 1963. The City Manager reported that he had received requests Trailer parks for the City to enforce ordinances pertaining to trailer parks. Motion was made by Councilman Wilson, seconded by Councilman Meyers, and carried, that the City take over the trailer park inspections. The City Manager reported that the developers of the area in Aliso No. 1 Annexation gave a print of the planned Condominium project to him, and he displayed the picture to the project Council. He also said he had copies of the requirements pertaining.to condominium projects. Adjournment Upon motion by Councilman Wilson, seconded by Councilman Adjournment Meyers, and carried, the meeting was adjourned at Continued 10:10 P.M. Mayor of the City of Costa esa ATTEST: City Clerk of the City of Costa Mesa 1 1