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HomeMy WebLinkAbout07/15/1963 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA July 15, 1963 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 p.m., July 15, 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.Joseph Trucks of the Harbor Assembly of God Church. Roll Call Councilmen Present: Tomchak, Wilson, Meyers, Smith, Pinkley Councilmen Absent: None Officials Present: City Attorney, City Engineer, Director of Public Works, and City Clerk Minutes Upon motion by Councilman Meyers, seconded by Council - July 1, 1963 man Tomchak, and carried, the minutes of the regular meeting of July 1, 1963, were approved as distributed and posted. OPENING OF BIDS The Clerk opened and read the following bids for the Construction of Construction of Recreational Facilities in the Picnic Recreational Area of the 50 -Acre Air Base Park: Facilities in the NAME AMOUNT Picnic Area of R. W. McClellan and Sons $ 23,571.00 the 50 -Acre Air Coxco, Incorporated 25,310.00 Base Park Upon motion by Councilman Smith, seconded by Councilman Wilson, and carried, the bids were referred to the Director of Public Works and the Director of Recreation and Parks for check and report later in the meeting. Later in the meeting the Director of Public Works reported that the bid of R. W. McClellan and Sons in the amount of 23,571.00 was the lowest responsible bid conforming to specifications. Upon motion by Councilman Wilson, seconded by Councilman Meyers, the contract for the Construction of Recreational Facilities in the Picnic Area of the 50 -Acre Air Base Park was awarded to R. W. McClellan and Sons. The motion carried by the following roll call vote: AYES: Councilmen: Tomchak, Wilson, Meyers, Smith, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING The Mayor announced that the hour of 7:30 o'clock having Fairview Road arrived, this was the time and place fixed by the City Improvement Council of the City of Costa Mesa, California, for hearing District on the matter of the improvement of Fairview Road and certain other streets, alleys and easements, under the pro- visions of Division 7 of the Streets and Highways Code of the State of California. The Clerk reported that notice of the hearing under Divi- sion 7 was given by mail and by publication as provided by law and that affidavits showing such compliance are on file in his office. The Clerk further announced that Notice of Improvement had been posted along the streets and alleys of said Improvement District as required by law and that an affidavit of Posting was on file in his office. The Mayor announced that prior to the consideration of protests it would be necessary that the report under Division 4 of the Streets and Highways Code of the State of California be read to the Council. Whereupon the report, except as to the map, plat, or diagram and the assessed valuations and true valuations of, and assessments and estimated assess- ments on each parcel of land, was read to the Council. The Mayor then inquired of the Clerk if any written pro- tests or objections had been filed. The Clerk reported certain protests and objections had been filed with him prior to the time set for the hearing. Written protests The Clerk then read to the Council all of said protests. Assmt. No. Name Address 50 217 C. M. Dodson 1991 Newport Avenue 126 Russell Shafer. 401 Hamilton Street 235 Clyde F. Fitch 2033 Newport Boulevard 518 Elizabeth Clements 2252 Columbia Drive 191 Mr. and Mrs. Ray Pinkley 431 West Bay Street 131 Odis Elton Riviea 419 Hamilton Street 136 Mr. and Mrs. Robert Zewer 443 Hamilton Street 151 Mary Ellen Bailes Hanks 382 Hamilton Street 251 John Allanach 416 Victoria Street 252 Florence M. Taylor 420 Victoria Street 253 D. R. Ginger 426 Victoria Street 157 Luke Davis and neighbors 381 Hamilton Street Request The following communication was read by the Clerk request- ing that Ford Street be paved all the way through: Clay Ellis Henry and Rowena G. Stevens, 314 Rochester Street. 157 Filed protests The following additional protests were filed: Assmt. No. Name - Address 50 Carolyn and Don Langham 425 d 7 Ford Road 41 Helene and James M. Weeks 424 Ford Road 47 Mary and James F. Winders 421 Ford Road 43 A. A. McDaniel 416 Ford Road Oral protests After said protests were read, the Mayor asked if any per- sons present desired to speak in support of any written protest. The following persons spoke in support of their written protests: Assmt. No. Name Address Attorney Richard Higbie 54) representing James B. Harbor Boulevard 62) Slemons, and others F69 Eugene Gillespie 370 Avocado Street 132 Wallace R. Pinkley 427 Hamilton Street Eugene Dugas Clay Ellis 388 Wilson Street 157 Luke Davis 381 Hamilton Street' A. W. Henderson 251 Avocado Street Frank Presanti 390 West Bay Street Jean Maloney 279 West Wilson Street Anita Thorson 308 West Joann Street 151 Mary Ellen Bailes Hanks 382 Hamilton Street Garmon Huntley 416 Hamilton Street 50 Carolyn and Don Langham 425 and 417 Ford Road 41 Mrs. James Weeks 424 Ford Road 469 Dorothy Gillespie 370 Avocado Street Frank J. Hoff 377 Victoria Street All protests were referred to the Engineer for .report and computation as to the percentage of the area represented thereby on motion by Councilman Wilson, seconded by Council- man Smith, and carried. The Engineer reported that the protests were made by owners of less than one half of the area of the property to be assessed for the improvement. 1 1 PUBLIC HEARING After a full, fair and impartial hearing and an opportun- Fairview Road ity having been given to all persons desiring to be heard Improvement and no person further desiring to speak, it was moved by District Councilman Wilson, seconded by Councilman Smith, and unani- Continued mously adopted that all protests be overruled and denied upon the finding that all protests filed were made by the owners of less than one half of the property to be assessed for the improvement. The City Council having before it the report and the plat -- of the assessment district, the plans and specifications, and being familiar with both, and having considered all protests filed, and the character and nature of the pro- posed work and necessity for the same, and determined that the public interest, convenience and necessity require the improvement as set forth in the plans and specifications, and also having considered the matter as to the area of the property to be assessed for the said improvement, Resolution 63-75 Councilman Wilson presented Resolution 63-75, being A RESO- Overruling LUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- protests FORNIA, DETERMINING RESULTS OF HEARING, OVERRULING PRO- TESTS, DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE CERTAIN ACQUISITION, WORK AND IMPROVE- MENT OF FAIRVIEW ROAD AND CERTAIN OTHER STREETS, ALLEYS AND EASEMENTS (ASSESSMENT DISTRICT NO. 10) AS SET FORTH IN RESOLUTION OF INTENTION NO. 63-68, and moved its,adoption. The motion was seconded by Councilman Smith, and carried by the following roll call vote: AYES: Councilmen: Tomchak, Wilson, Meyers, Smith, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Resolution 63-76 Councilman Wilson presented Resolution 63-76, being A RESO- Ordering work LUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA,ORDERING THE WORK DESCRIBED IN RESOLUTION OF INTEN- TION NO. 63-682 ADOPTED ON THE 17TH DAY OF JUNE, 1963, IN THE MATTER OF THE ACQUISITION OF RIGHTS OF WAY AND CON- STRUCTION OF IMPROVEMENTS IN FAIRVIEW ROAD AND CERTAIN OTHER STREETS, ALLEYS AND EASEMENTS, and moved its adop- tion. The motion was seconded by Councilman Meyers, and carried by the following roll call_ vote: AYES: Councilmen: Tomchak, Wilson, Meyers, Smith, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Hearing closed On motion by Councilman Wilson, seconded by Councilman Meyers, and unanimously carried, the hearing was closed. A. W. Henderson Mr. A. W. Henderson, 251 Avocado Street, Costa Mesa, said that he had been required to give a ten -foot dedication to the City before he could secure a building permit in 1960. On motion by Councilman Wilson, seconded by Council- man Smith, and carried, the City Manager was instructed to investigate the ten -foot dedication of property on Avocado Street by A. W. Henderson. Veterans of The Mayor said he would like the audience to see a very Foreign Wars' clever, large replica of our City Seal that was beauti- gift to the City fully made by hand by the Veterans of Foreign Wars, Post 3536, to help celebrate our City's tenth anniversary. Representatives of Post 3536 were present and set up the Seal on a revolving platform. The Mayor then thanked the Veterans of Foreign Wars, Post 3536, on behalf of the people of Costa Mesa for their gift. Recess Upon motion by Councilman Tomchak, seconded by Councilman Smith, and carried, a recess of ten minutes was called, and the meeting reconvened at 10:05 p.m. PUBLIC HEARING The Mayor announced that this was the time and place set Budget for Costa for the public hearing on the 1963-1964 Budget for the Mesa Park and Costa Mesa Park and Recreation District. The Clerk reported Recreation District that notice of said hearing had been duly published and the affidavit was on file in his office. He reported that no communications had been received. The Mayor then inquired if there were anyone present wishing to be heard. No one wishing to be heard, motion to close the public hearing was made by Councilman Wilson, seconded by Councilman Tomchak, and carried. -After discussion, on motion by Councilman Wilson, seconded by Councilman Meyers, the following Minute Resolution was adopted: Minute Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ACTING AS SUPERVISING AUTHORITY OF THE COSTA MESA RECREA- TION AND PARK DISTRICT, ADOPTING THE FINAL BUDGET FOR THE COSTA MESA RECREATION AND PARK DISTRICT FOR THE FISCAL YEAR 1963-1964. WHEREAS, the City Council of the City of Costa Mesa, acting as supervising authority of the Costa Mesa Recreation and Park District, has heretofore adopted a preliminary budget for the Costa Mesa Recreation and Park District for the fiscal year -1963-1964, and WHEREAS, said City Council, as such supervising authority, did., subsequent to the adoption of a prelimin- ary budget, publish a notice of hearing, as required by law, - and WHEREAS, said hearing has been held and all persons desiring to be heard on said budget have been heard, and WHEREAS, the City Council of the City of Costa Mesa, acting as supervising authority of the Costa Mesa Recreation and Park District finds and determines that the amount of money required for said District is the amount set forth in the proposed final- budget, on file in the Office of the City Clerk. NOW, THEREFORE, the City Council of the City of Costa Mesa, acting as supervising authority of the Costa Mesa Recreation and Park District, does hereby resolve as follows: SECTION 1. That the budget presented, designated as the Costa Mesa Recreation and Park District Budget, for the fiscal -year 1963-1964, is hereby adopted. The Minute Resolution was adopted by the following roll call vote: AYES: Councilmen: Tomchak, Wilson, Meyers, Pinkley NOES: Councilmen: Smith ABSENT: Councilmen: None PUBLIC HEARING The Mayor announced that this was the time and place set Rezone 216 for public hearing on Rezone Petition 216 for Costa Mesa Planning Commission to rezone -from R2 to AP property located at 1654 and 1660 Santa Ana 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 with the understanding that commercial sidewalks, including concrete driveway approaches, are to be installed by the property owners, at their expense, as per standard speci- fications of the City of Costa Mesa when developing this property commercially, The Mayor inquired if anyone wished to speak. No wishing to speak, motion to close the public hearing was made by Councilman Smith, seconded by Councilman Wilson, and carried: Upon motion by Council- man Smith, seconded by Councilman Tomchak, Ordinance 63-33, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF A PORTION OF LOT 75, NEW- PORT HEIGHTS TRACT, FROM R2 TO AP, was given first reading by the following roll call vote: AYES: Councilmen: Tomchak, Wilson, Meyers, Smith, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 63-31. Upon motion by Councilman Wilson, seconded by Councilman Adoption Tomchak, Ordinance 63-31, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING BUILDING SETBACKS ON THE NORTHERLY SIDE OF OGLE STREET BETWEEN ORANGE AVENUE AND WESTMINSTER AVENUE, was given second reading and adopted by the following roll call vote: AYES:_ Councilmen: Tomchak, Wilson, Meyers, Smith, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 63-32 Upon motion by Councilman Wilson, seconded by Councilman Adoption Meyers, Ordinance 63-32, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTIONS 3448, 3462, and 3464 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA TO RESTRICT PARKING TO ONE HOUR ON A PORTION OF THE NORTHERLY SIDE OF ROCHESTER STREET; DECREASE THE SPEED LIMIT ON BAKER STREET BETWEEN FAIRVIEW ROAD AND MILBRO STREET TO 35 MIKES PER HOUR, AND ESTABLISH FOUR-WAY TRAFFIC STOPS AT SUPERIOR AVENUE AND INDUSTRIAL WAY, was given second reading and adopted by the following roll call vote: AYES: Councilmen: Tomchak, Wilson, Meyers, Smith, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Record of The City Clerk read the recommendation of the Planning Survey 18 Commission that the approval of Record of Survey 18, Shoreline Shoreline Construction Company, 2280 Newport Boulevard, Costa Mesa, be revoked. Upon motion by Councilman Tomchak, seconded by Councilman Wilson, and carried, approval of Record of Survey 18 was revoked. Request for The City Clerk read the request of the Planning Commission Council policy for the establishment of a policy regarding reversals by the City Council. Upon motion by Councilman Tomchak, seconded by Councilman Wilson, and carried, the request was held over for study session. Building Moving Building Moving Application 429 for S. J. Cook, 2025 Pla- 429 centia Avenue, Costa Mesa, for permission to move a garage Cook from 1631 Tustin Avenue to 2025 Placentia Avenue, was presented together with the recommendation of the Plan- ning Commission for approval subject to the following conditions: 1. That the applicant and/or owner posts a $2,500.00 bond; 2. That the building be completed 60 days after date of delivery. Mr. Cook was present and asked questions of the Council. Upon motion by Council- man Tomchak, seconded by Councilman Wilson, and carried, the application was approved. Tentative Tract Tentative Tract 5252 for Macco Corporation, 3800 East 5252 Coast Highway, Corona del.Mar, to divide property located Masco between E1 Camino Drive and Coronado Drive and extending westerly approximately 334 feet from the center line of La. Salle Avenue, commonly called Mesa Del Mar tracts, into 12 lots, was presented together with the recommenda- tion for approval of the Planning Commission subject to all the requirements of the City Engineer datedJuly 51 1963, and all the requirements of the Director of Plan- ning dated July 2, 1963. The Mayor inquired if anyone wished to speak. Mr. Harry Johnson spoke asking post- ponement of action on Tentative Tract 5252. After discussion, motion for approval was made by Councilman Tomchak, seconded by Councilman -Smith, and lost by the following roll.call vote: AYES: Councilmen: Meyers, Smith NOES: Councilmen: Tomchak, Wilson, Pinkley ABSENT: Councilmen: None.. Tentative Tract On motion by Councilman Tomchak, seconded by Councilman 5252 Continued Wilson,, and carried, action on Tentative Tract 5252 was postponed to the meeting of August 5, 1963. Fairview Road Upon motion by Councilman Wilson, seconded by Councilman Improvement - Tomchak, the agreement between the City of Costa Mesa and District Agree- C. Gertrude Stovall, 498 Flower Street, Costa Mesa,in ment--Stovall connection with the Fairview Road Improvement District was approved by the following roll call vote: AYES: Councilmen: Tomchak, Wilson, Meyers, Smith, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Set for public Upon motion by Councilman Wilson, seconded by Councilman hearing Smith, and carried, Rezone Petition 217 for Harbor Hall Rezone 217 of Fames Homes, Incorporated, Post Office Box 2066, Santa Harbor Hall of Ana, to rezone from Rl, Single Family Residential District, Fames to R3, Three Family Residential District, property des- cribed as Tentative Tract 4354 as revised May 20, 1962, was I -set for public hearing on August 5, 1963, at -7:30 p.m. in the Council Chambers of the City Hall. Easement deeds Upon motion by Councilman Tomchak, seconded by Councilman_ Wilson, the following easement deeds were received and ordered placed on record by the following roll call vote: AYES: Councilmen: Tomchak, Wilson, Meyers, Smith, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None DATE NAME FOR STREET 7-12-63 Orange Coast Junior College Coast College Road 7-12-63 Orange Coast Junior College Adams Street and Harbor Boulevard 7-12-63 Orange Coast Junior College Arlington Drive. Variance 1033 Variance 1033 for J. M. K. Company, Incorporated, 9091 J. M. K. Company Garden Grove Boulevard, Garden Grove, for permission to construct eight units on 19,965 square feet of land area (one unit per 2,495 square feet) at 634 Hamilton Street, was.presented together with the recommendation of the.Planning Commission for denial. The Mayor inquired if anyone wished to speak. Mr. R. M. Gallon, president of J. M. -K. Company, Incorporated, was present and was asked by the Council if he would, if granted approval of Variance 1033, remove all structures on this property at 634 Hamil- ton Street within seven days of the granting of approval. He agreed that this would be done. Upon motion by Council- man Wilson, seconded by Councilman Smith, Variance 1033 was approved subject to the following conditions: 1. Sub- ject to standards as set by the Fire Prevention Bureau (fire extinguishers to be installed as per Fire Prevention Bureau); 2. Tree planting compatible with surrounding. area; 3. Installation of residential sidewalks and con- crete driveway approaches, by the applicant and/or owner, at his expense, as per standard specifications of the City of Costa Mesa. The.motion carried by the following roll call vote: AYES: Councilmen Wilson, Smith, Meyers NOES: Councilmen: Tomchak, Pinkley ABSENT: Councilmen: None Conditional Use The request from William J. Cagney that Conditional Use Permit C-141 Permit C-141 be amended to read: William J. Cagney and/or Cagney-Shell Oil Shell Oil Company, was presented with the recommendation of the Planning Commission for approval of the request. Upon motion by Councilman Wilson, seconded by Councilman Meyers, and carried, Councilman Tomchak voting NO, the request was granted. 1 1 Conditional Use Conditional Use Permit C-188 for Ralph A. Hibbard, 860 West Permit C-188 19th Street, Costa Mesa, to,conduct a home occupation for Hibbard the purpose of refrigeration repair in an Rl zone at that address was presented together with the recommendation of the Planning Commission for approval subject to the follow- ing conditions: 1. Subject to local fire prevention code; 2. Planting of shrub screening at property line on the east 30 feet of the property.to screen car parking; 3. Dedication of all land 40 feet from the center line of existing West 19th Street to the City of Costa Mesa for street purposes; 4. Time limit of one year with right to renew; 5. No signs or employees. Upon motion by Councilman Meyers,seconded by Councilman Smith, and carried, Conditional Use Permit was approved subject to the conditions of the Planning Commission. Conditional Use Conditional Use Permit C-191 for William J. Cagney and/or Permit C-191 Texaco, Incorporated, 2800 Bayshore Drive, Newport Beach, Cagney--Texaco for permission to -construct and operate a super -service station on C2 -zoned property.on the southwest corner of West 17th Street and Superior Avenue, was presented to- gether with the recommendation of the Planning Commission for approval subject to the.following conditions: l.. Agreement to relocate any signs, lights or improvements from right of way and corner spandrel in the event of the widening,of Superior Avenue at owner's or lessee's expense; 2. Dedication of all land 40 feet from the center line of existing Superior Avenue and dedication of 25 -foot radius spandrel at the cornertc) the City of Costa Mesa. Said corner radius spandrel dedication to -allow for 35 -foot curb radius, with curbs, gutters, and driveway approaches to be reinstalled by the City; 3. Low planter area at the corner of West 17th Street and Superior; 4. Planter area at westerly corner of property on West 17th Street; 5. Tree planting as per standard specifications of the City of Costa Mesa; 6. That no portable or permanent signs, merchandise or any other sight obstruction be placed easterly of the most easterly driveways. This does not include the sign shown on the plans; 7. Installation of commercial sidewalks and concrete driveway approaches by the applicant and/or owner, at his expense as per stan- dard specifications of the City of Costa Mesa; 8. Plan to be submitted for approval to Fire Prevention Bureau of the City Fire Department; 9._ Tank locations, pump loca- tions and fire extinguishers as per standards heretofore set by the Fire Prevention Bureau. The Mayor inquired if anyone wished to speak. No one wishing to.speak, motion for approval subject to the conditions of the Planning Com- mission was made by Councilman Wilson, seconded by Council- man Meyers, and carried. Conditional Use Conditional Use Permit C-192 for Richard D. Taylor and/or Permit C-192 Mobil Oil Company, 2139 Placentia Avenue, Costa Mesa, for Taylor --Mobil Oil permission to construct and operate a service station in a Cl zone at 807 Victoria Street and 2143 Placentia Avenue was presented together with the recommendation of the Plan- ning Commission for denial. The City Clerk read a letter received from the First Christian Church, 784 Victoria Street, Costa Mesa, in which they objected to approval of Conditional Use Permit C-192. The Mayor inquired if anyone wished to speak. The following spoke in opposition to the granting of the permit: Reverend Franklin 0. Bixler, Jr., pastor of the First Christian Church;.Charles Jobins; Bob Whistler, 824 Victoria; Ralph Standford; L. W. Rouse, 554 Hamilton Street. The following spoke in favor of granting the permit: Harry Johnson, representing the applicant; Applicant Dr. Rickard Taylor, 2139 Placentia; A. 0. Heblum of Mobil Oil Company. After discussion, motion was made for denial by Councilman Tomchak, seconded by Councilman Smith, and carried, with Councilman Meyers voting No. Conditional Use Conditional Use Permit C-195 for Pacesetter West Joint Permit C-195 Venture, 1653 Minorca, Costa Mesa, for permission -to Pacesetter construct a temporary 5 -foot by 12 -foot directional sign for Tract 4349 on the northwest corner of Adams Avenue and Mesa Verde Drive was presented together with the recom- mendation of the Planning Commission for approval subject to the following conditions: For -a period of one year or until the homes in Tract 4349 are completely sold, which- ever is sooner and subject to all 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 signed by.the applicant, subject to the approval of the City Attorney. Upon motion by Councilman Wilson, seconded by Councilman Smith, and carried, Conditional Use Permit C-195 was approved subject to the recommendation of the Planning Commission. Permits The appeal from denial of permit to Harbor Security Patrol Harbor Security was presented. John R. Buesing was present and Richard Patrol Higbie, attorney, spoke to the Council. After answering Buesing -questions of the Council, Councilman Smith made a motion for approval, seconded by Councilman Tomchak, and carried. East 17th Street The request of East 17th Street Merchants' Association Merchants for the City to furnish, install, and store twelve poles from which Christmas decorations are to be hung was pre- sented, having been deferred from the meeting of July 1, 1963, Upon motion by Councilman Tomchak, seconded by Councilman Meyers, and carried, the request was deferred to the meeting of August 5, 1963. Upon motion by Councilman Wilson, seconded by Councilman Smith, and carried, the following application for business license was approved: David Weisz Company, 840 San Julian Street, Los Angeles 14, to hold a one -day auction at 851 West 18th Street on August 8, 1963. Warrant Resolu- Warrant Resolution No. 339 was approved upon motion by tion 339 Councilman Meyers, seconded by Councilman Smith, and carried by the following roll call vote: AYES: Councilmen: Tomchak, Wilson, Meyers, Smith, Pinkley NOES Councilmen: None ABSENT: Councilmen: None Warrant-Resolu- Warrant Resolution No. 340 including Payroll Nos. 233 tion 340 and 234 was approved upon motion by Councilman Smith, seconded by Councilman Meyers, and carried by the follow- ing roll call vote: AYES: Councilmen: Tomchak, Wilson, Meyers, Smith, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Written Communi- A letter from the Costa Mesa Chamber of Commerce was read cations by the Clerk with a request for the design of the City Seal to be used in the center of a plaque surrounded by the words "CHAMBER OF COMMERCE, COSTA MESA, CALIFORNIA." Mr.. Nicholas Jo Ziener, manager of the Chamber of Commerce, came forward and displayed the plaque to the Council. Upon -motion by Councilman Tomchak, seconded by Councilman Wilson, and carried, permission was given. Upon motion by Councilman Wilson, seconded by Councilman Tomchak, and carried, the communication from the California Missionary Army, Incorporated, was ordered received and filed. The Clerk read a letter from the League of Women Voters of Orange Coast_, Post Office Box 327, South Laguna, California, in which they requested that October 24th of this year be declared United Nations Day in Costa Mesa. Motion was made by Councilman Tomchak to grant their request, but the motion died for lack of a second. After discussion, motion to receive and file was made by Councilman Smith, seconded by Councilman Wilson, and carried, with Councilman Tomchak voting No. Damage claims Upon motion by Councilman Wilson, seconded by Councilman Roberts Smith, and carried, the following claims for damages were Duncan directed to the City Attorney for reply: Russell A. Roberts, 377-D East 18th Street, Costa Mesa, estimate on bicycle repair --$14.98; Henry Russell Duncan, 980 Grove Place, Costa Mesa, estimated losses --$271.00 plus $300.00 additional. The City Clerk read a letter from Mr. and Mrs. Richard A. Hambacher, 1030 Linden Place, Costa Mesa, enclosing an article from the Daily Pilot regarding the dump owned by Newport Beach. After discussion motion was made by Councilman Tomchak, seconded by Councilman Wilson, and carried, with Councilman Smith voting No, to instruct the City Manager and the City Attorney to contact the City of Newport Beach in an attempt to prevent Newport Beach from leasing a part of their dump to Bay Ready Mix Company in an effort to stop eventual damage to City streets. On motion by Councilman Wilson, seconded by Councilman Tomchak, and carried, the letter from Nancy Hildenbrand regarding charter government was received and filed. On motion by Councilman Wilson, seconded by Councilman Tomchak, and carried, the minutes of the Boundary Com- mission of Orange County in regards to the proposed boundary change, de -annexation of territory from the City of Costa Mesa and annexation of territory to the City of Newport Beach were referred to the City Attorney for report. On motion by Councilman Tomchak, seconded by Councilman Wilson, and carried, the following application for Alcoholic Beverage License was received and filed: Cresencio L. and Mary A. Garcia, for a new on -sale beer license for Garcia's Cafe, 1768 Newport Boulevard. Oral Communications The Mayor inquired of the audience if anyone wished to speak on any item that was not on the agenda. Mr. Bob Heath, 1397 Gallaway Lane, Costa Mesa, spoke asking the Council to reconsider and to declare October 24th as United Nations Day in Costa Mesa. Councilman Smith said he would like to see what the City of Costa Mesa is being charged for the publishing of legal notices in the newspapers to determine whether Agreement the City of Costa Mesa is being discriminated against. The City Attorney recommended that the City enter into Doyle and an agreement with Doyle and Shields for drainage work Shields to be done under and across Santa Isabel adjacent to Drainage --Santa the property of Doyle and Shields by Doyle and Shields, Isabel Street City to pay them $5,184.00 upon completion and accept- ance of the work. Upon motion by Councilman Meyers, seconded by Councilman Smith, the agreement was approved Continued and the Mayor and City Clerk authorized to sign on Doyle and behalf of the City. The motion carried by the following Shields Drainage roll call vote: Santa Isabel Street AYES: Councilmen - Tomchak, Wilson, Smith, Meyers, Pinkley NOES: Councilmen - None ABSENT: Councilmen - None Agreement The City Attorney recommended that the City enter into Table Rock an agreement with the Table Rock Corporation for under - Corporation ground drainage pipe under and across its lands adjacent Drainage Santa to Santa Isabel Street and under and across Santa Isabel Street Isabel Street, City to pay the sum of $2,200.00 upon completion and acceptance of the work. Upon motion by Councilman Wilson, seconded by Councilman Tomchak, the agreement was approved'and the Mayor and City Clerk authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: Councilmen - Tomchak, Wilson, Smith, Meyers, Pinkley NOES: Councilmen - None ABSENT: Councilmen - None Resolution The City Attorney said that a formal resolution was 63-77 needed for the enforcement of the provisions of the Trailer Parks State Mobilehome Parks Law. Upon motion by Councilman Tomchak, seconded by Councilman Wilson, Resolution 63-77, being A'RESOLUTION OF THE CITY OF COSTA MESA, CALIFORNIA, ASSUMING RESPONSIBILITY FOR THE ENFORCEMENT OF STATE MOBILEHOMES AND MOBILEHOME PARKS LAW AND RELATED MATTERS, was adopted by the following roll call vote: AYES: Councilmen - Tomchak, Wilson, Smith, Meyers, Pinkley NOES: Councilmen - None ABSENT: Councilmen - None Extension of The City Attorney recommended that an extension of license license agreement be approved between the City and agreement Anton H. Segerstrom, et al, for the City to use the Gisler Storm temporary drainage channel constructed by the City Drain Channel over and across lands owned by Anton H. Segerstrom, Segerstrom et al, for,one year or'until the completion of the Gisler Storm Drain Channel, whichever occurs first. Upon motion by Councilman Tomchak, seconded by Councilman Wilson, and carried, the extension of license agreement was approved. Deed --Estancia The City Attorney requested that the deed for Estancia Park Site Park Site property be accepted and on motion by Councilman Tomchak, seconded by Councilman Wilson, and carried, the deed was accepted, and the City Clerk was instructed to have it placed on record. Deed --Southern California College, Civic Center Site Street Lighting District Budget Resolution 63-78 Resolution of Intention The City Attorney requested that a deed from Southern California College be accepted for the civic center site. Upon motion by Councilman Tomchak, seconded by Councilman Wilson, and carried, the deed was accepted. The City Attorney presented the Costa Mesa City Street Lighting District Budget for the fiscal year 1963-1964. Upon motion by Councilman Tomchak, seconded by Councilman Wilson, Resolution 63-78, RESOLUTION OF INTENTION DECLARING THE INTENTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, 1 Continued CALIFORNIA, TO LEVY A SPECIAL ASSESSMENT TAX ON ALL Street Lighting LAND AND ALL IMPROVEMENTS WITHIN THE STREET LIGHTING District Budget DISTRICT IN THE CITY OF COSTA MESA, was adopted by Resolution 63-78 the following roll call vote: Resolution of Intention AYES: Councilmen - Tomchak, Wilson, Smith, Meyers, Pinkley NOES: Councilmen - None ABSENT: Councilmen - None Budget Adopted Upon motion by Councilman Tomchak, seconded by Councilman Wilson, the Budget of the Costa Mesa City Street Lighting District, fiscal year 1963-19641, was adopted by the following roll call vote: AYES: Councilmen - Tomchak, Wilson, Smith, Meyers, Pinkley NOES: Councilmen - None ABSENT: Councilmen - None The City Attorney distributed copies of his report on City Charter Form of Government to the Council for their study. Councilman Wilson urged the adoption of a resolution requesting that we may have the continuance of the Uniform Building Code, Uniform Housing Code, Uniform Plumbing Code, and the National Electric Code as instruments of municipal jurisdiction. Resolution 63-79 Upon motion by Councilman Wilson, seconded by Councilman Building Code Meyers, Resolution 63-79 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA URGING THE CONTINUANCE OF THE UNIFORM BUILDING CODE, THE.UNIFORM HOUSING CODE, THE UNIFORM PLUMBING CODE AND THE NATIONAL ELECTRIC CODE AS INSTRUMENTS OF MUNICIPAL JURISDICTION, was adopted by the following roll call vote: AYES: Councilmen - Wilson, Meyers, Pinkley, Smith NOES: Councilmen - Tomchak ABSENT: Councilmen - None -It was instructed that Resolution 63-79 be sent to the Governor, all other cities, and the Board of Supervisors with the request that they do the same. Signal Upon motion by Councilman Meyers, seconded by Councilman Oil Noise. Tomchak, and carried, the City Manager was instructed during 'church to contact the Signal Oil Company regarding noise during service church services. Notice of The Director of Public Works recommended that the work Completion be accepted for the construction of Recreational R. W. McClellan Facilities at 50 -Acre Air Base Park by R. W. McClellan Recreational and Sons, 151 Commercial Way, Costa Mesa. Upon motion Facilities by Councilman Wilson, seconded by Councilman Smith, at 50 -Acre and carried, the work was accepted and a notice of Air Base completion was ordered filed with the County Recorder. Park Departmental Upon motion by Councilman Smith, seconded by Councilman Tomchak, and carried, the following departmental reports were received and filed: Finance Department, June; City Treasurer, June; Police, June; Pound, June. Councilman Wilson urged the adoption of a resolution requesting that we may have the continuance of the Uniform Building Code, Uniform Housing Code, Uniform Plumbing Code, and the National Electric Code as instruments of municipal jurisdiction. Resolution 63-79 Upon motion by Councilman Wilson, seconded by Councilman Building Code Meyers, Resolution 63-79 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA URGING THE CONTINUANCE OF THE UNIFORM BUILDING CODE, THE.UNIFORM HOUSING CODE, THE UNIFORM PLUMBING CODE AND THE NATIONAL ELECTRIC CODE AS INSTRUMENTS OF MUNICIPAL JURISDICTION, was adopted by the following roll call vote: AYES: Councilmen - Wilson, Meyers, Pinkley, Smith NOES: Councilmen - Tomchak ABSENT: Councilmen - None -It was instructed that Resolution 63-79 be sent to the Governor, all other cities, and the Board of Supervisors with the request that they do the same. Signal Upon motion by Councilman Meyers, seconded by Councilman Oil Noise. Tomchak, and carried, the City Manager was instructed during 'church to contact the Signal Oil Company regarding noise during service church services. Adjournment Upon motion by Councilman Tomchak, seconded by Councilman Smith, and carried, the meeting was adjourned at 11:55 p.m. Mayor oP the City of Costa Mesa ATTEST: City C erk of the City of Costa Mesa 1 1 1