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HomeMy WebLinkAbout06/17/1963 - City CouncilMal REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA June 17,1963 OPENING OF BIDS The City Clerk opened and read the following bids for the Construction of Construction of Traffic Signal Facilities at Five Inter - Traffic Signal sections: Facilities at NAME AMOUNT Five Intersections Electric and Machinery Service, Incorporated $28,125.00 E. D. Johnson Company 26,81+.00 Allen Engineering Company 27,658.00 Steiny and Mitchel, Incorporated 28,466.00 Paul Gardner Corporation 26,177.00 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 p.m., June 17, 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 James G. Blain of Newport Harbor Lutheran Church. Roll call Councilmen Present: Tomchak, Wilson, Meyers, Smith (Councilman Pinkley arrived at 8:00 p.m.) Councilmen Absent: Pinkley (for the first half hour only) Officials Present: City Attorney, City Engineer, Director of Public Works, and City Clerk Minutes Upon motion by Councilman Tomchak, seconded by Councilman June 3, 1963 Meyers, and carried, the minutes of the regular meeting of June 3, 1963, were approved as distributed and posted. OPENING OF BIDS The City Clerk opened and read the following bids for the Construction of Construction of Traffic Signal Facilities at Five Inter - Traffic Signal sections: Facilities at NAME AMOUNT Five Intersections Electric and Machinery Service, Incorporated $28,125.00 E. D. Johnson Company 26,81+.00 Allen Engineering Company 27,658.00 Steiny and Mitchel, Incorporated 28,466.00 Paul Gardner Corporation 26,177.00 Upon motion by Councilman 'Smith, seconded by Councilman Tomchak, and carried, the bids were referred to the Department of Public Works for check and report later in the meeting. Later in the meeting the Director of Public Works reported that the'bid of Paul Gardner Corporation in the amount of $26,177.00 was the lowest responsible bid conforming to specifications. Upon motion by Councilman Tomchak, seconded by Councilman Pinkley, the contract for the Construction of Traffic Signal Facilities at Five Intersections was Contract awarded awarded to Paul Gardner Corporation. The motion carried by the following 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 set Rezone 203-A for public hearing on Rezone Petition 203-A for Richard D. Taylor Taylor, 2139 Placentia Avenue, Costa Mesa, to rezone from Rl and AP to Cl and AP property located on the southwest corner of Victoria and Placentia Avenue. The Clerk reported that notice of said hearing had been published, and the affidavit was on file in his office. He reported that no communications had been received. The Clerk read the recommendation of the Planning Commission for denial. The Vice Mayor asked if anyone wished to speak. Mr. Harley W. Dalley, 810 Victoria Street, Costa Mesa, spoke in opposition of the proposed re- zoning. The following spoke for the granting of the rezone: Mr. Harry D. Johnson, 21.3 Placentia Avenue, Costa Mesa; A. 0. Heblum, Sacony Mobile Oil .Company; George Cooney, Costa Mesa Auto Works; J. P. Loving; Gordon McIntyre; Robert G. Adams, 2175 Placentia Avenue, Costa Mesa.. No one desiring further to speak, motion to close the public hearing was made by Councilman Tomchak, seconded by Councilman Meyers, Ordinance 63-23 and carried. After discussion, Ordinance 63-23, being AN First reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA REZONING FROM P,1 AND AP TO Cl AND AP CERTAIN PROPERTY ON THE Ordinance 63-23 SOUTHWEST CORNER OF VICTORIA STREET AND PLACENTIA AVENUE, First reading was given first reading upon motion by Councilman Smith, Continued seconded by Councilman Meyers, and carried by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson NOES: Councilmen: Tomchak ABSENT: Councilmen: Pinkley Mayor Pinkley Mayor Pinkley arrived at 8:00 p.m. to take his place among arrives the Council. Mayor Pinkley and Vice Mayor Wilson told the audience that they felt their trip to Hawaii to attend the United States Council of Mayors was a successful trip, and they displayed souvenirs they had received. PUBLIC HEARING. The Vice Mayor announced that this was the time and place Rezone 205 set for public hearing on Rezone Petition 205 for A. H. Hollister Hollister, 1969 Harbor Boulevard, Costa Mesa, to rezone from R2, Two Family Residential District, to C2, General Commercial District, property located at 512 and 518 Bernard Street. The City Clerk reported that notice of said hearing had been published, and the affidavit was on file in his office. He reported that no communications had been received. The Clerk read the recommendation of the Planning Commission for denial. The Vice Mayor in- quired if the applicant were present. The applicant not being present, and no one wishing to speak, public hearing was closed upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried, Councilman Smith voting No. Mayor Pinkley introduced a former member of the City Council to the audience,_ Bert Smith. PUBLIC HEARING The Vice Mayor announced that this was the time and place Rezone 206 set for public hearing on Rezone Petition 206 for Cagney William J. Cagney, 6777 Hollywood Boulevard, Hollywood 28, to rezone from Ml Manufacturing District, to C2, General Commercial District, property located at the southwest corner of West 17th Street and Superior Avenue. The Clerk reported that notice of said hearing had been published, and the affidavit was on file in his office. He reported that no communications had been received. The Clerk read the recommendation of the Planning Commission for approval. The Vice Mayor asked if anyone wished to speak. Mr.,Bob Goosen, 919 Bayside Drive, Newport Beach, spoke in support of the application. No one else desiring to speak, motion was made by Councilman Smith, seconded by Councilman Meyers, and carried, to close the public Ordinance 63-24 hearing. Thereupon Ordinance 63-24, being AN ORDINANCE First reading OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF A PORTION OF LOT 4og, NEWPORT MESA TRACT, FROM M1 TO C2, was given first reading on motion by Councilman Meyers, 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 PUBLIC HEARING The Vice Mayor announced that this was the time and place Rezone 208 set for public hearing on Rezone Petition 208 for Costa Planning Mesa Planning Commission, to rezone from R2 to Cl -S, Commission property located in the general area on the north side of Ogle Street between Orange and Westminster Avenues. The Clerk reported that notice of said hearing had been published, and the affidavit was on file in his office. He reported that no communications had been received. The Clerk read the recommendation of the Planning 1 1 PUBLIC HEARING Commission for approval. The Vice Mayor inquired if Rezone 208 anyone wished to speak. No one desiring to speak, motion Planning to close the public hearing was made by Councilman Smith, Commission seconded by Councilman Meyers, Ordinance 63-25, being Continued AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE.ZONING OF LOTS 14 THROUGH 22 OF TRACT Ordinance 63-25 NO. 590 FROM R2.TO C1 -S, was given first reading by the First reading following 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 209 set for public hearing on Rezone Petition 209 for Costa Planning Mesa Planning Commission, to rezone from Al to I and R Commission property as described in the petition and located at 2501 Harbor Boulevard, commonly_kno-�m as the Fairview State Hospital property. The Clerk reported that notice of said hearing had been published, and the affidavit was on file in his office. He reported that no communications had been received. The Clerk read the recommendation of the Planning Commission for approval. The Vice Mayor inquired if anyone wished to speak. No one desiring to speak, motion to close the public hearing was made by Councilman Tomchak, seconded by Councilman Pinkley, and carried. Ordinance 63-26 Ordinance 63-26, being AN ORDINANCE OF THE CITY COUNCIL First reading OF THE CITY OF COSTA MESA CHANGING THE ZONING OF THE FAIRVIEW STATE HOSPITAL PROPERTY AT 2501 HARBOR BOULEVARD FROM Al TO I and R, was given first reading upon motion by Councilman Tomchak, seconded by Councilman Pinkley, and carried by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomehak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING The Vice Mayor announced that this was the time and place set Rezone 210 for the public hearing on Rezone Petition 210 for Kenneth Parker and Parker and George Doubledee, 170 East 17th Street, Costa Doubledee Mesa, to rezone from R2, Two Family Residential District, to AP, Administrative and Professional District, property described as the northeasterly 50 feet of the southwesterly 130 feet of Lot 75, Newport Heights Tract, except the southeasterly 510 feet, and also that portion of Santa Ana Avenue adjoining as abandoned by Board of Supervisors, in the City of Costa Mesa, County -of Orange, State of California, as per map recorded in Book 4, Page 83, of Miscellaneous Maps, Records of Orange County, and located at 1658 Santa Ana Avenue, Costa Mesa. The Clerk reported that notice of said hearing had been published, and the affidavit was on file in his office. He reported that a communication had been received from the Director of Planning with a recommendation that commercial sidewalks on Santa Ana Avenue be installed, -and the letter was read by the Clerk. The Vice Mayor inquired if anyone i•rished.to speak. Mr. Phil Sullivan spoke in support of the application.' No one else desiring to speak, motion to close the public hearing was made by Councilman Tomchak, seconded by Councilman Pinkley, Ordinance 63-27 First reading and carried. Ordinance 63-27, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF A PORTION OF_LOT 75, NEWPORT HEIGHTS TRACT, FROM R2 TO AP, was given first reading subject to'.the recommendation of the Planning Director's communication dated June 11, 1963, upon motion by Councilman Tomchak, seconded by Councilman Pinkley, and carried by the following 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 set Rezone 212 for the public hearing on Rezone Petition 212 for Sydney B. Gaynor and Lucille C. Gaynor, 216 Marine Avenue, Newport Beach, to rezone from M1, Manufacturing District, C2, General Commercial District, that certain rectangular shaped tract of land described as follows: Lots 14 and 15, Tract 3631, excepting therefrom the southerly 70 feet, located on the southwest corner of Baker and Randolph. The Clerk reported that notice of said hearing had been published, and the affidavit was on file in his office. He reported no communications had been.receivea: The Vice Mayor inquired of the audience if:anyone wished to speak. Mr. Gaynor was present. No one else desiring to speak, motion to close the public hearing was made by Councilman Smith, seconded by Councilman Meyers, and Ordinance 63-28 carried. Ordinance 63-28, being AN ORDINANCE OF THE CITY First reading COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF PORTIONS OF LOTS 14 AND 15 OF TRACT NO. 3631 FROM M1 TO C2, was given first reading upon motion by Councilman Meyer's., seconded by Councilman Pinkley, and carried by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Pinkley NOES: Councilmen: Tomchak ABSENT: Councilmen: None PUBLIC HEARING The Vice Mayor announced that this was the time and place Rezone 213 set for public hearing on Rezone Petition 213 for The Warlen Company Warlen Company, 1827 Bayadere Terrace, Corona del Mar, to rezone from Al and R1 to R3 and Cl, property as de- scribed on the petition, in the general area northerly of Baker Street between Harbor Boulevard and College Avenue. The -Clerk reported that notice of said hearing had been published, and the affidavit was on file in his office. He reported that no communications had been received. The Clerk read the recommendation of the Planning Commission for approval provided that prior to the second reading of the Ordinance by the City Council, the applicant submits the following documents: 1. Deed for the dedication of a private 50 -foot wide easement described as that portion of Lots 25,and 36 of Fairview Tract, Records .of Los Angeles County, Miscellaneous Maps, Book 2, Page 93, lying within a strip of land 50 feet in width; the center line of said- aidstrip stripof land is described as follows: Beginning at a point on the center line of Baker Street, said point being 205 feet westerly, measured along said center' line, of :the center line of College Avenue as said center line is shown on a map of Tract 2341, Miscellan- eous Maps, Records of Orange County, Book 76, Pages 3 and 4, thence northerly along a line parallel with the center line of said College Avenue a distance of 242.59 feet, except that portion lying within Baker Street. Said deed to be for ingress and egress purposes to be used in common for all parcels of land for a period of 50 years, said easement to include the City.of Costa Mesa as a party to the easement. 2. An agreement, subject to the approval of the City Attorney, to install sidewalks along the commercial- and AP -zoned property upon development of said parcels by the owner and/or applicant under the direction of the City Engineer. The Vice Mayor inquired -if anyone wished to speak. Mr. Dennis Carpenter, 461 East 20th Street, Costa Mesa, spoke in support of the application. No one else desiring to speak, motion for public hearing to be closed was made by Councilman Tomchak, seconded by Ordinance 63-29 Councilman -Meyers, and carried. Ordinance 63-29, being First reading, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE.ZONING OF A CERTAIN AREA LYING NORTHERLY OF BAKER STREET, -AND BETWEEN HARBOR BOULEVARD AND Conditional Use Upon motion by Councilman Tomchak, seconded by Councilman Permit C-144 Smith, and carried, Conditional Use Permit C-144 for San San Vista Building Vista Building Company was deferred to the meeting of July 1, 1963. Conditional Use Ordinance 63-29 COLLEGE AVENUE, FROM Al AND Rl TO R3 and Cl, was given Pinkley, and carried, as requested by the owner, Conditional First reading first reading upon motion by Councilman Tomchak, seconded Moving Permit 420 Continued by Councilman Meyers, and carried by the following roll date. Proclamation call vote: Fourth of July-- Commerce, read a resolution adopted by the Junior Chamber AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, of Commerce regarding the ringing of bells and the flying and Flying American Pinkley flag fourth of July. Upon motion by Councilman Pinkley, NOES: Councilmen: None seconded by Councilman Tomchak, and carried, the Mayor ABSENT: Councilmen: None Report of Police Chief McKenzie reported that the California Highway Variance 1021, which was deferred from the meeting of June Police Chief Tow Car Service Patrol checked the equipment of the bidders 'for Tow Car Service and Storage Garages, bids being opened at the and Service meeting of June 3.,,1963, -and all the equipment met on 5,207.75 square feet of land area (1 unit for 2,604 square Garages specifications. 'Hrecommended that the contract go to into a required rear yard setback of 18.5 feet and Coast Towing Service and'Harbor Auto Body on a rotation encroachment of 6 feet into a required front yard setback basis. After discussion, motion that the contract go to Contract awarded Coast Towing Service and Harbor Auto Body subject to the presented together with the recommendation of the Planning condition that a large-sized, noticeable chart labeled yard encroachments, subject to the following conditions: Charges on Police Calls is posted -in a conspicuous place, 1. Installation of residential sidewalks, including concrete was made by Councilman"Pinkley, seconded by Councilman Lane. 2. Tree planting under the direction of the Street Tomchak, and carried by the following roll call vote: Superintendent; 3. Parking under the direction of the AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Department of Building Safety of the City of Costa Mesa. Pinkley The Clerk reported that no communications had been NOES: Councilmen: None answered questions'of the Council. Motion was made by ABSENT: Councilmen: None Conditional Use Upon motion by Councilman Tomchak, seconded by Councilman Permit C-144 Smith, and carried, Conditional Use Permit C-144 for San San Vista Building Vista Building Company was deferred to the meeting of July 1, 1963. Conditional Use Upon motion by Councilman Smith, seconded by Councilman Permit C-161 Pinkley, and carried, as requested by the owner, Conditional and Building Use Permit C-161 and application for Building Moving Moving Permit 420 Permit No. 420 for Glenn Croft were deferred to a later Croft date. Proclamation Mr. Tom Ashby, president of the Costa Mesa Junior Chamber of Fourth of July-- Commerce, read a resolution adopted by the Junior Chamber Ringing of Bells of Commerce regarding the ringing of bells and the flying and Flying American of the American flag to stir national patriotism on the flag fourth of July. Upon motion by Councilman Pinkley, seconded by Councilman Tomchak, and carried, the Mayor was instructed to issue a proclamation as requested by the Junior Chamber of Commerce. Variance 1021 Variance 1021, which was deferred from the meeting of June Barker 3, 1963, for Hubert C. Barker, 178 East 19th Street, Costa Mesa, for permission to construct two residential units on 5,207.75 square feet of land area (1 unit for 2,604 square feet of land area) in an R2 zone, and to encroach 8.5 feet into a required rear yard setback of 18.5 feet and encroachment of 6 feet into a required front yard setback of 43.5 feet from the center line of Elden Avenue, located on the southeast corner of Tulip Lane and Elden Avenue, was presented together with the recommendation of the Planning Commission for approval for density only and denial of the yard encroachments, subject to the following conditions: 1. Installation of residential sidewalks, including concrete driveway approaches by the owner, at his expense, under the direction of the City Engineer, along Elden Avenue and Tulip Lane. 2. Tree planting under the direction of the Street Superintendent; 3. Parking under the direction of the Director of Planning; 4. Subject to all the codes of the Department of Building Safety of the City of Costa Mesa. The Clerk reported that no communications had been received. Applicant Hubert C. Barker was present and answered questions'of the Council. Motion was made by Councilman Pinkley, seconded by Councilman Meyers, and carried, for approval for density only and denial of the yard encroachments subject to the recommendations of the Planning Commission, for Variance 1021. Set for public Upon motion by Councilman Pinkley, seconded by Councilman hearing - Setback- Meyers, and carried, the following was set for public lines on Ogle hearing at the meeting of July 1, 1963: Between Westminster Costa Mesa Planning Commission request for the establishment and Orange of setback lines on Ogle Street in the general area on the north side of Ogle Street between Westminster Avenue and Orange Avenue. Building Moving Upon motion by'Councilman Wilson, seconded by Councilman Permit 421 Smith, and carried, Application for Building Moving Permit Neuman No. 421 for Keith Neuman, -401 East 17th Street, Costa Mesa, was withdrawn as requested by the applicant. Recess The Mayor declared a*five-minute recess, and the meeting reconvened at 9:05 p.m. Building Moving The Clerk presented'appli.cation for Building Moving Permit Permit 427 No. 427 for H. Lowman, 1838 --256th Street, Lomita, to Lowman move a single family residence with attached garage from Knott and Lincoln, Anaheim, to 191 Broadway, in an R2 zone. The Clerk read the recommendation of the Planning Commission for approval subject to the following conditions': 1. That the applicant and/or owner post a bond for $4,000.00; 2. Planting of trees compatible with the area by the owner and/or applicant, at his expense; 3. Dedication of a 15 -foot radius spandrel at the southwest corner of Broadway and Orange Avenue to the City of Costa Mesa; 4. Installation of residential sidewalks along the entire length of Broadway and Orange Avenue, including concrete driveway approaches, by the applicant and/or owner, at his expense, as per Standard Specifications of the City of Costa Mesa; 5. That all the local requirements relative to the blocking of streets be followed; 6. That the building be completed 60 days after date of delivery. The Clerk reported that no communi- cations had been received. Mr. Lowman was present and spoke to the Council. After discussion, motion for approval subject to the recommendations of the Planning Commission was made by Councilman Smith, seconded by Councilman Tomchak, and carried. Sanitary District Upon motion by Councilman Pinkley, seconded by Councilman agreement Tomchak, the contractual agreement between the City of Costa Mesa and the Costa Mesa Sanitary District for the fiscal year 1963-1964 in the amount of $246,lo4.00 was approved and ratified by the following roll call vote: AYES: Councilmen: Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Councilman Meyers abstained from voting. Subdivision 457 The appeal of George T. De Roulhac, 223 Mesa Drive, Costa Deroulhac Mesa, from condition regarding sidewalks imposed on Appeal on sidewalk Subdivision 457 was presented by the City Clerk. Mr. condition DeRoulhac was present and spoke to the Council. After discussion, motion for Condition No. 2 on Subdivision 457 to be deleted was made by Councilman Smith, seconded by Councilman Meyers, and carried. Orange County Upon motion by Councilman Pinkley, seconded by Councilman Peace Officers Tomchak, the agreement between the City of Costa Mesa Association and the Orange County Peace Officers Association, agreement, Identi- Incorporated, for Identi-Kits, was approved and the Mayor Kits and City Clerk authorized to sign on behalf of the City by the following roll call vote AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Variance 1023-A Variance 1023-A for Robert L. Moody, 18041 Rainier Drive, Moody Santa Ana, to construct 36 units on 71,280 square feet 1 Variance 1031 Variance 1031 for Marvin: L. Peterson, 8082 Central Avenue, Peterson.- Garden Grove, for permis9ion to construct three units (one move -in) on 8,775 square feet of land area (1 unit per 2,925 square feet).and permission to encroach 17.5 Variance 1023-A of land area.(1,980 square feet per unit) in an R2 zoneJ .Moody was presented together with the recommendation of the Continued Planning Commission for approval subject to the following conditions: 1. Planting of trees compatible with the area by the applicant and/or owner, at his expense; 2. Dedication of 60 -foot right of way to the City of Costa Mesa for street purposes to extend Joann Street; 3. Dedication _of 10 feet for an alley and 15 -foot by 15 -foot cut-off at junction with 12 -foot alley in the rear to the City of Costa Mesa; 4. Location and design of alley openings on Joann Street as per City of Costa Mesa Standard Specifications, due to existing curb inlet catch basins on both sides of the street; 5. That a landscape planter area be left for'planting in front of sidewalks; 6. Subject to local fire requirements on Uniform Building Code and fire extinguishers to be specified and placed as per Standards heretofore set by Fire Prevention Bureau and brought to the attention of applicant; 7. Complete improve- ment of Joann Street, the 10 -foot alley and the 12 -foot alley by the applicant and/or owner, at his expense, per City of Costa Mesa Standard Specifications. The alley approach on the north side of Joann Street shall be constructed according to the standards of the City with 5 -foot radius curb returns and a 20 -foot opening. This approach shall be located westerly of the existing curb inlet. The existing concrete driveway to the alley shall be removed, and a full height curb constructed on Joann Street. A concrete curb shall connect the easterly curb return with_a point on the easterly alley line 15 feet north of the north line of Joann Street; a triangular parcel 15 feet along Joann Street and -30 feet back along the alley shall be dedicated to connect the approach with the 20 -foot alley --no alley will be required on the south side of Joann Street; 8. Installation of residential sidewalks on both sides of Joann Street by the applicant and/or owner, at his expense, as per City of Costa Mesa Standard .Specifications. The Clerk reported that no communications had been received. The Vice Mayor inquired if anyone wished to speak. Myrtle Bell asked to see the plan, and her questions were answered by the Council. Mr. Robert Moody came forward, and when he was asked, he -said he approved of the conditions. Upon motion by Councilman Pinkley, seconded by Councilman Smith, and carried, Variance 1023-A was approved subject to the conditions of the Planning Commission. Variance 1024 Upon motion by Councilman Tomchak, seconded by Councilman Neuman Meyers, and carried, Variance 1024 for Keith Neuman, 401 East 17th Street, Costa Mesa, was withdrawn as re- quested by the owner. Variance 1029 Variance 1029 for Harold and Betty Van Gordon, 2212 Meyer Van Gordon Place, Costa Mesa, for permission to construct a duplex in addition to existing residence making a total of three units on 8,791.2 square feet of land area (1 unit per 2,930.4 square feet) at 1596 Riverside Place, Costa Mesa, was'presented together with the recommendation of the Planning Commission for denial. The Clerk said that he received a petition with nine signatures in objection to the variance. The Vice Mayor asked if anyone wished to speak. Mrs. Arlene C. Korten, 1596 Redlands Place, Costa Mesa, one of the signers of the petition, spoke. Applicant Van Gordon spoke. After discussion, motion for denial was made by Councilman Tomchak, seconded by Councilman Pinkley, and carried, Councilman Smith,voting No. Variance 1031 Variance 1031 for Marvin: L. Peterson, 8082 Central Avenue, Peterson.- Garden Grove, for permis9ion to construct three units (one move -in) on 8,775 square feet of land area (1 unit per 2,925 square feet).and permission to encroach 17.5 -- 6 Variance 1031 feet into required 25 -foot rear yard setback on the south Peterson side of Hamilton, approximately 100 feet westerly of the Continued center line of Wallace , was -presented together with the recommendation for approval of the Planning Commission subject to the following conditions: 1. Dedication of all land 30 feet from the center line of existing Hamilton Street to the City of Costa Mesa for street purposes; 2. Subject -to local Fire Code; 3. Planting of trees and landscaping in the front compatible with surrounding area not required for off-street parking; 4. Minimum 12 -foot driveway; 5. Installation of residential sidewalks and concrete driveway approaches, the full width of the property by the applicant and/or owner, at his expense as per standard specifications of the City of Costa Mesa. The Clerk reported: that no communications had been received. The Vice Mayor inquired if anyone wished to speak. No one desiring to speak, motion for approval subject to the conditions of the Planning Commission was made by Councilman Tomchak, seconded by Councilman Pinkley, and carried. Conditional Use Conditional Use Permit C-178 for Oxbow, Incorporated, Permit C-178 1653 Minorca Drive, Costa Mesa, for permission for the Oxbow continuation of one 16 -foot by 50 -foot directional sign and one 5 -foot by 12 -foot directional sign to advertise the first sale of homes in Tracts 4311, 4348, and 4349, was presented together with the recommendation of the Planning Commission for -approval subject to the follow- ing conditions: 1. All the requirements of the Depart- ment of Building Safety; 2. The applicant herein, Walter Gayner, agrees, as consideration for the granting of this Use Permit for the use of that certain parcel of realty (Lot 170, Tract 3487) at the southeast corner of Baker Street and Mesa Verde Drive, being property of the City of Costa Mesa, as a sign location, to indemnify and hold harmless.the said City of Costa Mesa for any and all claims, past, present, and future, which may have been asserted or which may in the future be asserted against the said City by reason of said sign location. Appli- cant further agrees that he will remove said sign within five days after receipt of a notice in writing from said City to do so; 3. That said sign at 1640 Adams Avenue will be removed.by the applicant at his expense, at the end of one year, and an agreement to this effect shall be signed by the applicant, subject to the approval of the City Attorney. Upon motion by Councilman Smith, seconded by Councilman Meyers, and carried, Conditional Use Permit C-178 was approved subject to the recorrmendation of the Planning Commission. Conditional Use Conditional Use Permit C-180 for Richfield Oil Corporation, Permit -C-180 1780 West Lincoln Avenue, Anaheim, for permission to Richfield Oil install and operate a modern gasoline service station building and facilities appurtenant thereto after re- moval of the existing steel service station, automotive garage; radiator shop, and the frame barber shop build- ings and appurtenances on this property on the southeast corner of Harbor Boulevard and Hamilton Street, Costa Mesa, was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1. One planter area shall be installed on Harbor -Boulevard located between the driveway approaches; One planter area shall be installed at the curb return at the corner of Harbor Boulevard and Hamilton Street and one planter area. shall be installed between the driveway approaches on Hamilton Street upon construction of -the pump island at that location; 2. Dedication of -all land 50 feet from the center line of existing Harbor Boulevard and dedication of all land 30 feet from.the center line of existing Hamilton Street to the City of Costa Mesa for street purposes; 3. Dedication Conditional Use of 17 -foot radius spandrel at the southeast.eorner of Permit C-180 Harbor Boulevard and Hamilton Street to the City of Richfield Oil Costa Mesa; 4. A (6) -BC fire extinguisher must be placed Continued on each pump island and a (16) BC fire extinguisher must be placed in the lubrication room; Tank permit must be taken out from-the'Fire Department prior to installation of same; must comply with State and local fire codes; 5. Agreement by the applicant and/or owner to install commercial sidewalks and concrete driveway approaches at his expense, at the "time future street improvements are made; 6. That temporary driveway and sidewalks areas be constructed with -asphalt concrete by the applicant and/or owner, at his expense; 7. That any permanent improvements be made allowing for the future driveway located no closer than 45 feet from -the center line of Hamilton Street (to allow the null improvement of Hamilton Street with a 25 -foot radius curb return); 8. That•the southerly driveway be .35 feet wide. The.Clerk reported that no communications had been received. The Vice Mayor inquired if anyone wished to speak. Mr. Mason, representing the applicant, spoke to the Council. Upon motion by Councilman Tomchak, seconded by Councilman. -Meyers, and carried, Conditional Use Permit C-180 was approved subject to the conditions of the Planning Commission. Conditional Use Conditional Use Permit C-181 for King and Eichhorn, 3600 Permit C-181 West Newport Boulevard, Newport Beach for permission to King and Eichhorn convert the second floor.of an existing professional building for residential use, two apartments, at 1770 Orange Avenue, was presented together with the recommend- ation of the Planning Commission for denial. The Vice Mayor asked if the applicants were present. They were not present. After discussion, motion for denial lost by the following roll call vote: AYES: Councilmen: Tomchak, Pinkley NOES: Councilmen: Meyers, Smith, Pinkley .ABSENT: Councilmen: None Motion for approval was made by Councilman Smith, seconded by Councilman Meyers, and carried by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson NOES: Councilmen: Tomchak, Pinkley ABSENT: Councilmen: None Conditional Use Conditional Use Permit C-182 for George DeRoulhac, 223 Permit C-182 Mesa Drive, Costa Mesa, for permission to use a trailer DeRoulhac temporarily for living purposes while home is being built at 2680 Orange Avenue was presented with the recommendation of the Planning Commission for approval subject to the following conditions: 1. Travel trailer to be hooked up to City sewer by an approved fitting during the construction of the home; 2. Subject to local fire code; 3. Maximum time limit of five months. Upon motion by Councilman Meyers, seconded by Councilman Smith, and carried, Conditional Use Permit C-182 was approved subject to the recommendation of the Planning Commission. Conditional Use Conditional Use Permit C-183 for Macco Realty Company, Permit C-183 3800.East Coast Highway, Corona del Mar, for permission Macco Realty to.erect a temporary directional sign to advertise the first sale of homes in Tract 4808 at 2861 El Rio Circle 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 homes in Tract 4808 are sold, whichever is sooner, subject to the requirements of the Department of Building Safety, and that said sign is to be removed by the applicant, at his expense, at the end of one year, and an agreement to this effect shall be Conditional Use signed by the applicant, subject to the approval of the Permit C-183 City Attorney. Upon motion by Councilman Tomchak, seconded Macco Realty by Councilman Pinkley; and carried, Conditional Use Permit Continued C-183 was approved subject to the recommendation of the Planning Commission. Subdivision 456 Subdivision application 456 for Pearl A. Goodman, 2589 Goodman Santa Ana Avenue, Costa Mesa, to divide a portion of Lot 72, Tract 376, into -three parcels at 277, 279 and 281 Del Mar Avenue was presented together with the recommend- ation of the Planning Commission for approval subject to the following conditions: 'l. That the portion of land contained within the 30 -foot by 177 -foot easement cannot now or ever in the future be used in computing buildable area of Parcels A, B, or C; 2. Installation of residential sidewalks, including concrete driveway approaches, along Del Mar Avenue for 81.16 feet by the applicant and/or owner as per Standard Specifications of the City of Costa Mesa. The applicant was present. .After discussion, motion to approve Subdivision 456 with the deletion of the condition pertaining to sidewalks was made by Councilman Smith, seconded by Councilman Meyers, and carried. Permits The Clerk presented the request of the United States Marine Corps for authorization for a sound truck to proceed -through the City to advertise the Navy Relief Dance. Hours requested are 10 a.m. to -9 p.m., June 21st, and between 10 a.m. and 6 p.m. on June 22nd. Upon motion by Councilman Pinkley, seconded by Councilman Tomchak, and carried, permission was granted. Upon motion by Councilman Tomehak, seconded by Councilman Smith, and carried, the following requests were granted subject to the approval of the Chief of Police: 1. Request of Mrs. H. T. McClelland, Jr., 2968 Croftdon Street, Costa Mesa, to block off Croftdon Street at 2968 to the corner of Post Road from 5:00 p.m. to 9:30 p.m. on July 4th for a block party: 2. Request of R. M. Healey, 2144 Iris Place, Costa Mesa, to block off Iris Place during the evening hours on July 4th for a block party. 3. Request -of Mr. Jack Littleton, 431 East Bay Street, Costa Mesa, to block off the 400 block of Easy Bay Street from 4 p.m. to 9 p.m. on July 4th for a block party. Upon motion by Councilman Tomchak, seconded by Councilman Pinkley, and carried, the following permits were approved subject to the approval of the Chief of Police: 1. Three Wheels, 1830 Newport Boulevard, Costa Mesa, for a yearly dance license: 2. Candid Color, doing business for three days, June 14, 15, and 16, at Market Basket, 2975 Harbor Boulevard, Costa Mesa. 3. Mike Turin, International Yardage Fair, held June 12th through the l7th,.at 565 West 18th Street, Costa Mesa. Upon motion by Councilman Pinkley, seconded by Councilman Tomchak, and carried, permission_ was granted to Seafaring Lodge No. 708 to transport people via caravan of twelve cars to lay cornerstones for two Costa Mesa elementary schools on July 19th from 10:15 a.m. to 12 noon. Upon motion by Councilman Pinkley, seconded by Councilman Tomchak, and carried, permission was granted to the Knights of Columbus to sell fireworks at certain stands for the fourth of July. Warrant Resolution Upon motion by Councilman Pinkley, seconded by Councilman 336 Tomchak, Warrant Resolution No. 336 including Payroll The Clerk read a letter from the Harper School Parent - Teachers' Association regarding the street crossing at 17th Street and Tustin. Avenue. Upon motion by Councilman .Smith, seconded by Councilman Tomchak, and carried, the matter was turned over to the Traffic Commission for study and a solution. Warrant Resolution Nos. 230 and 231 was approved by the following roll call The minutes of the'Boundary Commission of Orange County; 336 vote: - Continued AYES: -Councilmen: Meyers, Smith, Wilson, Tomchak, Association, concerning obscene literature and asking for Pinkley said that he attended a meeting at the Kaiser School and NOES: Councilmen: None since that time surveys have found a lack of obscene ABSENT: Councilmen: None Warrant Resolution Upon motion by'Councilman Tomchak, seconded by Councilman carried, the communications were ordered received and 337 Pinkley, Warrant -Resolution 337 was approved by the Upon motion by Councilman Tomchak, seconded by Councilman following roll call vote: Pinkley, and carried, the following communications were AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley State of California, a copy of the application of South NOES: Councilmen: None Coast Transit Corporation for authority to increase rates; ABSENT: Councilmen: None .Written The Clerk presented a petition containing 16 signatures Mesa --freeway routing; Mrs. Fred H. Fay --thanking the Communications requesting the City to give aid in ridding an area of an Oral The Vice Mayor inquired if anyone wished to speak on any unsanitary condition caused by gild pigeons. Upon motion Communications item that was not on the agenda. Mr. James Winters of by,Councilman Tomchak, seconded by Councilman Pinkley, Broadway, Costa Mesa, urged the Council to adopt a resolution and carried, the matter was delegated to the Chief of requesting the removal of the Dictionary of American Slang Police. The Clerk read a letter from the Harper School Parent - Teachers' Association regarding the street crossing at 17th Street and Tustin. Avenue. Upon motion by Councilman .Smith, seconded by Councilman Tomchak, and carried, the matter was turned over to the Traffic Commission for study and a solution. The Clerk presented the following written communications: • The minutes of the'Boundary Commission of Orange County; The City of Orange, regarding the "Ringing of Bells on the Fourth of July"; the Harbor Council Parent-Teacher Association, concerning obscene literature and asking for stricter control of this type of literature. Chief McKenzie said that he attended a meeting at the Kaiser School and since that time surveys have found a lack of obscene literature on the merchants' shelves. Upon motion by Councilman Tomchak,-.seconded by Councilman Wilson, and carried, the communications were ordered received and filed. Upon motion by Councilman Tomchak, seconded by Councilman Pinkley, and carried, the following communications were received and filed: Public Utilities Commission of the State of California, a copy of the application of South Coast Transit Corporation for authority to increase rates; California Roadside Council, regarding Scenic Highways Bill -- Senate Bill 1+67; Junior Chamber of Commerce of Costa Mesa --freeway routing; Mrs. Fred H. Fay --thanking the Council for the students' visit June 3rd. Oral The Vice Mayor inquired if anyone wished to speak on any Communications item that was not on the agenda. Mr. James Winters of Ford Road, Costa Mesa, and Mr. Sheldon Kirkpatrick of 462 Broadway, Costa Mesa, urged the Council to adopt a resolution requesting the removal of the Dictionary of American Slang from the County Library Branch in the'City of Costa Mesa. Councilman Tomchak stated that the petitioners should address their protest to either the Orange County Library Board or the County Board of Supervisors, as the bodies having jurisdiction in the case, rather than to the City Council. He said that he also was opposed to book banning in any form but had no objection to controlling the circulation of a reference work such as the Dictionary. After discussion, on motion by Councilman Smith, seconded'by Councilman Meyers, the following Minute Resolution was adopted and ordered forwarded to the Board of Supervisors: RESOLVED, that the City'Council-of the City of Costa Mesa hereby requests the Board of Supervisors of Orange County to remove the .Dictionary of American . Slang . from open circulation in the Costa Mesa Branch of the Orange County Library and restrict the use of the Dictionary to mature readers. The motion was carried by the following roll call vote AYES: Councilmen: Meyers., Smith, Wilson, Pinkley NOES: Councilmen: Tomchak ABSENT: Councilmen: None City Attorney The City Attorney presented the'engineer's estimate of Fairview Road additions and deletions in Fairview Road Improvement Improvement District totaling $63,000.00, and he stated that this District was within. the 10 per cent allowed limit. Upon motion by Councilman Tomchak, seconded by Councilman Resolution 63-65 Pinkley, Resolution 63-65, being A RESOLUTION OF THE Ordering CITY COUNCIL OF THE CITY_OF COSTA MESA, CALIFORNIA, ORDERING changes CERTAIN ADDITIONS, ALTERATIONS,.OMISSION FROM AND DECREASES.IN.THE THINGS PROPOSED TO BE DONE AS SET FORTH IN THE REPORT_FILED UNDER DIVISION 40F THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND FINDING THAT SUCH ADDITIONS, ALTERATIONS, OMISSIONS AND DECREASES DO NOT INCREASE THE ESTIMATED COST BY MORE THAN ONE-TENTH OF THE TOTAL ESTIMATED COST., -Was adopted by the following roll call vote: AYES: Councilmen:, Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Resolution 63-66 The City Engineer then presented plans and specifications Approving plans for the Improvement of Fairview Road and Certain Other and specifications Streets and Easements.,. Resolution 63-66,.being A RESOLUTION OF TIE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING PLANS, DRAWINGS, SPECIFICATIONS AND MAP OF ASSESSMENT DISTRICT NO. 10 IN THE MATTER OF FAIRVIEW ROAD AND CERTAIN OTHER STREETS, ALLEYS AND EASEMENTS, was adopted upon motion by Councilman Smith, seconded by Councilman Pinkley, and carried by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Resolution 63-67 Upon motion by Councilman Pinkley, seconded by Councilman Approving water Smith, Resolution 63-67, being A RESOLUTION OF THE CITY plans COUNCIL OF THE .CITY OF COSTA MESA, CALIFORNIA, APPROVING THE COSTA MESA COUNTY WATER DISTRICT PLANS AND SPECIFICATION RELATING TO THE WATER FACILITIES, was adopted by the following roll call vote: AYES: -Councilmen:- Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Resolution 63-68 Upon motion by Councilman Smith, seconded by Councilman Intention Meyers, Resolution 63-68, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION.TO ORDER THE ACQUISITION OF RIGHTS.OF WAY AND EASEMENTS, GRADING, PAVING, AND OTHERWISE IMPROVING FAIRVIEW ROAD AND CERTAIN OTHER STREETS, ALLEYS AND EASEMENTS: DECLARING THE ACQUISITION..AND WORK TO.BE OF MORE THAN LOCAL OR, ORDINARY,PUBLIC BENEFIT,.AND_DESCRIBING THE DISTRICT TO -BE BENEFITED BY SAID ACQUISITION AND WORK, AND TO PAY THE COSTS. -AND EXPENSES,.AND.FIXING A TIME AND PLACE -FOR HEARING_OBJECTIONS TO_SAID ACQUISITION AND WORK, (Setting.hearing date for July 15th) was adopted 1 1 Resolution 63-68 by the following roll call vote: Intention AYES: Councilmen: Meyers, Smith, Wilson, Tomchak Continued Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Liquor license The City Attorney said he was instructed to protest on granted in a liquor license to be issued on Harbor Boulevard in the spite of protest immediate vicinity of a church. It was granted in spite of the City's protest. Final map The City Engineer presented final map for Tract 5005 Tract 5005 for Northgate, 2711 East Coast Highway, Corona del Northgate Mar, to divide 16.2 acres into 76 lots, a portion of the west one half of -Lot 1, Berry Rancho, together with three signed agreements; a surety bond'in the amount of 80,100.00; a check'in the amount of $11,322.40; a bond and agreement in the amount of $12,550.50 to guarantee the payment of the drainage assessment. After discussion, it was moved by Councilman Smith; seconded Resolution 63-69 by Councilman Pinkley, that Resolution 63-69, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE MAP OF TRACT NO. 5005 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, be adopted. The motion carried by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomchak Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Final map The City Engineer presented final map for Tract 4502 for Tract 4502 Northgate, 2711 East Coast Highway, Corona del Mar, Northgate to divide the westerly one half of Lot 9, Berry Rancho, between Paularino Avenue and drainage channel, easterly of Fairview Road, into 99 lots, together with three signed agreements; a surety bond in the amount of $38,500.00; a check in the amount of $5,455.38; a bond and agreement in the amount of $5,902.50 to guarantee the payment of the drainage assessment. Upon motion by Councilman Smith, seconded by Councilman Meyers, Resolution 63-70 Resolution 63-70,being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE MAP OF TRACT N0. 4502 AND ACCEPTING THE STREETS AND ALLEYS SHOWN THEREON FOR PUBLIC USE FOR HIGHWAY PURPOSES AND AUTHOR- IZING 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 Final map Tract . The City Engineer presented the final map for Tract 5023, 5023 - Mesa Del 'which is a re -subdivision of Tract 4451, approved by the Mar City Council on the 21st of May, 1962, for Mesa Del Mar, and all necessary bonds and fees covering this tract were submitted at that time. Upon motion by Councilman Resolution 63-71 Smith, seconded by Councilman Meyers, Resolution 63-71 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE MAP OF TRACT NO. 5023 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, Pin'kley NOES: Councilmen: None ABSENT: Councilmen: None 7 Post office The Director of Public Works said that the plans of the plans received post office on Adams Avenue had been received and they would be available to the Council at the study session on June 18th, 1963. Call for bids Upon motion by Councilman Meyers, seconded by Councilman Construction of Pinkley, and carried, the Director of Public Works was Recreational authorized to advertise forbids for the Construction Facilities in the of Recreational Facilities in the Picnic Area of the 50 -Acre Air Base 50=Acre Air Base Park. The bids are to be opened July Park 15, 1963• Emergency The Director of Public Works reported that there was Ordinance 63-30 a need for an emergency ordinance for elimination of Prohibiting parking on Harbor .Boulevard between West 19th Street - Parking and Wilson Street. Upon 'notion by Councilman -Meyers, seconded by Councilman Smith, Ordinance 63-30, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA PROHIBITING PARKING ON HARBOR BOULEVARD BETWEEN 19TH STREET AND WILSON STREET, was given first reading by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Police Chief McKenzie was directed to notify the property owners along this route that this ordinance was to be given second reading and adoption on July 1, 1963. Claim for damages The Director of Public Works said that he had received Pacific Telephone a letter from The Pacific Telephone and Telegraph and Telegraph Company claiming damage to their property by machinery owned and operated by the Costa Mesa County Water District. Upon motion by Councilman Tomchak, seconded by Councilman Smith, and carried, the communication was referred to the City Attorney for answer. Departmental Upon motion by Councilman Smith, seconded by Councilman reports Pinkley, and carried, the following departmental reports were ordered received and filed: Finance Department for month ending May 31, 1963; City Treasurer, for month of May; Police Department, for month of May. Adjournment Upon motion by Councilman Wilson, seconded by Councilman (10:55) Meyers, and carried, the meeting was ordered adjourned to 7:30 p.m. on June 18, 1963, in the council chamber at the City Hall. zz 4� Major of the City of Costa Mesa ATTEST: i y Ulerk of the City of CosTa-7ge—sa