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HomeMy WebLinkAbout08/19/1963 - City CouncilA L REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA August 19, 1963 The City Council of the City of Costa Mesa, California, met in regular session at 7:30 p.m., August 19, 1963, at the City Ha11, 695 West 19th Street, Costa Mesa. The meet- ing was called to order by the Mayor followed by the Pledge of Allegiance to the Flag and invocation by Reverend Father Nevin of St. Joachim Catholic Church. Councilmen Present: Wilson, Meyers, Smith, Pinkley Resignation of The Mayor announced that before roll call there were Jordan from Plan- some matters that required action. He submitted the ning Commission resignations of Willard T. Jordan from the Planning and Beautification Commission and also from the Beautification Committee. Committee Upon motion by Councilman Wilson, seconded by Councilman Meyers, and carried, the resignations were accepted. Jordan appointed The Mayor made a motion for the appointment of Willard to Council T. Jordan to the Council to fill the remainder of Council- man Tomchak's term of office which expires April, 1966. The motion was seconded by Councilman Meyers, and carried. Hammett appointed Upon motion by Mayor Pinkley, seconded by Councilman to Planning Com- Wilson, and carried, Jack R. Hammett was appointed to mission fill the remainder of Willard T. Jordan's term of office which expires April, 1967. - Oath of Office The City Clerk then administered the oath of office to administered Councilman Jordan and Planning Commissioner Hammett, after which they took their respective seats. Roll Call Councilmen Present: Jordan, Wilson, Meyers, Smith, Pinkley Councilmen Absent: None Officials Present: City Attorney, City Engineer, City Clerk Minutes Upon motion by Councilman Wilson, seconded by Councilman August 5, 1963 Meyers, and carried, the minutes of the regular meeting of August 5, 1963, were approved as distributed and posted. El Toro Marine The Mayor said that the problem still existed in the Base encroachment of housing upon the El Toro Marine Base runways and that the planes would be forced to use the path over Costa Mesa affecting high-rise buildings, precision manufacturing,.and the general health and welfare of the City. He suggested that steps be taken to prevent this detriment to the City. Upon motion by Intervention CouncilmanPinkley, seconded by Councilman Meyers, and County legal carried, the City Attorney was authorized to intervene action in the pending County legal action and take whatever steps were necessary to protect the City's interest. PUBLIC HEARING The Mayor announced that this was the time and place Appeal of Taylor for the appeal of Richard D. Taylor and Mobil Oil Company and Mobil Oil from the denial of Conditional Use Permit C-192 for a Conditional Use service station in a CL zone at 807 Victoria Street and Permit C-192 21+3 Placentia Avenue. The Clerk read the following letters from: Frank W. Skinner, 817 Victoria Street, who is in favor of the granting of the permit; C. C. Jackson of B & C Leather Company, 2121 Placentia Avenue, in favor; Harley W. Dally, 810 Victoria Street, in protest. The Mayor inquired if anyone wished to speak. Mr. Harry Johnson, 21+3 Placentia Avenue, spoke telling the Council that a meeting was held with the First Christian Church in which all the problems of the church were worked out 1 J PUBLIC HEARING satisfactorily, and the church no longer objects to the'! Conditional Use granting of this permit. The following spoke in favor of Permit C-192 granting the permit: Mr. Hedblom of Mobil Oil Company; Continued Robert G. Adams, 2175 Placentia; Gordon McIntyre, 2163 Pla- centia. After discussion, motion to close the public hearing was made by Councilman Smith, seconded by Council- man Meyers, and carried. Upon motion made by Councilman Meyers, seconded by Councilman Smith, and carried, previ- ous action at the meeting of July 152 1963, was rescinded, and Conditional Use Permit C-192 was approved subject to the following stipulations: 1. This approval is for the service station use only. No building permit applications shall be approved by the Planning Department until a pre- cise plan for the service station site, containing a mini- mum of the following information is approved by the Plan- ning Commission: (a) Architectural design of the building, trash area, signs and lighting including type of construction, materials to be used and elevations; (b) Plan of landscape showing where and type of plants; (c) Ingress and egress; (d) Type of prepared signing. 2. Dedication of all land 30 feet from the center line of existing Victoria Street and 40 feet from the center line of existing Placentia Avenue to the City of Costa Mesa for street purposes; 3. Improve- ment of No. 2 above, with a right -turn pocket; with base, paving, curbs, gutters as per standard specifications of the City of Costa Mesa. PUBLIC HEARING The Mayor announced that this was the time and place set Rezone 211- for the public hearing on Rezone Petition No. 211 -Amended Amended for Robert Dee and E. F. Phillips, 275 Twin Palms Drive, Dee and Phillips Palm Springs, California, to rezone property located on the northeast corner of Hamilton Street and Placentia Avenue and described as follows: From M1 to R4: The southerly 227.5 feet of Lot 36, Tract No. 9; From Ml to Cl: The northerly 89.94 feet of the southerly 317.44 feet of Lot 36, Tract No. 9. The Clerk reported 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 anyone wished to speak. Mr. Neal Martin, 1867 Newport, Costa Mesa, spoke in the absence of the applicants. Upon motion by Council- man Wilson, seconded by Councilman..:Smith, and carried, the public hearing was c2sed. Upon motion by Councilman Wilson, seconded by Councilman Jordan, Rezone Petition 211 -Amended was approved subject to the following recommendation of the Planning Commission: 1. Prior to the second reading of the ordinance by the City Council the following documents shall be submitted to the City Clerk: (1) A deed for the dedication of all land 40 feet from the center line of existing Placentia Avenue to the City of Costa Mesa for street widening purposes; (2) A cash bond (the amount to ''be determined by the City Engineer) to cover the installa- tion of commercial sidewalks, including concrete driveway approaches, on Placentia in front of the proposed Cl and R4 parcels, and residential sidewalks, including concrete driveway approaches, on Hamilton Street, in front of the proposed R4 parcel; and first reading was given to Ordinance Ordinance 63-35 63-35, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY First reading OF COSTA MESA CHANGING THE ZONING OF PORTIONS OF LOT 36, TRACT NO. 9, FROM Ml TO R4 AND Cl. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Meyers, Smith, Pinkley, Jordan NOES: Councilmen: None ABSENT:., Councilmen: None PUBLIC HEARING- The Mayor announced that this was the time and place set Rezone 214 for the public hearing on the Rezone Petition 214 for G. Buccola D. Buccola, 3700 Newport Boulevard, Newport Beach, to rezone PUBLIC HEARING from Ml to Cl and R3 property in the general areal'bounded-on Rezone 214 the south by the Paulo Theatre and Paularino Avenue and on,' Continued the east by Newport Avenue. The Clerk reported that notice of said hearing -had been duly published, and the affidavit was on file in his office. He reported that no communica- tions had been received. The Mayor then inquired if anyone wished to speak. No one wishing to speak, public hearing was closed on motion by Councilman Wilson, seconded by Councilman Meyers, and carried. Upon motion by Councilman Wilson, seconded by Councilman Smith, Rezone Petition 214 was approved subject to the following conditions of the Planning Commission: 1. That Parcel B, as shown on the plot plan attached to the Petition,.be rezoned from Ml to R3; 2. That Parcel A, as shown on the plot plan attached to the Petition, not be rezoned but to remain Ml; 3. Sub- ject to the presentation and approval of a precise plan of the development by the Planning Commission prior to the second reading of the ordinance by the City Council; and Ordinance 63-36 Ordinance 63-36 was given first reading, being AN ORDINANCE First reading OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF A PORTION OF LOT 4, BERRY RANCHO, FROM Ml TO R3. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Smith, Meyers, Jordan, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING The Mayor announced that this was the time and place set Rezone 219 for the public hearing on Rezone Petition 219 for Macco Macco Corporation, 3800 East Coast Highway, Corona del Mar, California, to rezone from Cl, Local Business District, to Rl, Single Family Residential District, property located.in the general area between El. Camino Drive and Coronado -Drive and -extending westerly approximately 334 feet from the center line of La Salle Avenue, Lots 1 through: 19, Tentative Tract 5252. The Clerk reported 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 anyone wished to speak. No one wishing to speak, mot. ion to close.the public hearing was made by Councilman.Meyers, and seconded by Councilman Wilson, and carried. Upon motion by -Councilman Wilson, seconded by Councilman Jordan, Rezone Petition 219 was approved, Ordinance 63-37 and first reading was given to Ordinance 63-37, being AN First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE. ZONING OF LOTS 1 THROUGH 19 OF TENTATIVE TRACT NO. 5252 FROM Cl TO Rl. The motion carried by the following roll call vote: AYES: Councilmen: Jordan, Wilson, Smith, Meyers, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING The Mayor announced that this was the time and place set Rezone 220 for the public hearing on Rezone Petition 220, initiated Planning Commission by the Planning Commission, to rezone from R2, Two Family Residential District, to R1, Single Family Resi- dential District, property described as Lots 1 through 20, Tract 2310, located on both sides of Ramona Way and Ramona Place. The Clerk reported that notice of said hearing had been duly published, and the affidavit was on file in his office. He read a letter received from Mr. and Mrs. L. S. Hostetler, objecting to the rezoning of Lots 1 and 20, but they have no objection to the rezoning of Lots 2 through 19. The Mayor inquired if anyone wished to speak. The following spoke reiterating the contents of the above letter: Mr. Nelson, 302 Ramona Place, Costa Mesa; Mr. and Mrs. L. S.Hostetler, 303 Ramona Place, Costa Mesa.' No one else desiring to speak, PUBLIC HEARING motion to close the public hearing was made -by Councilman Rezone 220'. Smith,_ seconded by Councilman Wilson, and carried. Upon Continued motion by Councilman'Snith, seconded by Councilman Wilson, tory Rezone 220 was ,approved but excluding Lots 1 and 20 from the rezoning as recommended by the Planning Commission, Ordinance 63-38 and Ordinance 63-38 was given first reading, being AN First reading ORDINANCE OF THE CITY-COUNCIL:_OF THE CITY OF COSTA MESA CHANGING THE ZONING OF LOTS 2 THROUGH 19 OF TRACT 2310 AND LOT 36, NEWPORT HEIGHTS TRACT, FROM R2 TO Rl. The motion carried by the following roll call vote: AYES: Councilmen: Jordan, Wilson, Smith, Meyers, Resolution 63-90 Pinkley NOES: Councilmen: None ABSENT: Councilmen:: None PUBLIC HEARING The Mayor announced that this was the time and place set Rezone 221 for the public hearing on Rezone Petition 221 initiated Planning Commission by the Planning Commission to rezone from R2, Two Family Residential District, to C2-, General Commercial District, property described as the northeasterly 117.80 feet of Lot 42, Newport.Heights Tract, located at 1599 Orange Avenue and 191 East 16th Street. The Clerk reported 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 inquired if anyone wished to speak. No one desiring to speak, motion to close the public hearing was made by Councilman Smith, seconded by Councilman Jordan, and carried. Upon motion by Councilman Jordan, seconded by Councilman Wilson, Rezone 221 was approved, and Ordin- Ordinance 63-39 ance 63-39 was given first reading, being AN ORDINANCE First reading OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF A PORTION OF LOT 42, NEWPORT HEIGHTS TRACT, FROM R2 TO C2. The motion carried by the following roll call vote: AYES: Councilmen: Jordan, Wilson, Smith, Meyers, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Second reading was given to urgency Ordinance 63-3+, Urgency Ordinance being AN ORDINANCE OF THE CITY COUNCIL OF THE. CITY OF 63-34 COSTA MESA AMENDING SECTIONS 2200 AND 2203 OF THE Adoption MUNICIPAL CODE OF THE CITY OF COSTA MESA REGARDING COUNCIL MEETINGS,. upon motion by Councilman Wilson, seconded by Councilman Meyers, and the ordinance was adopted by the following roll call vote: AYES: Councilmen: Jordan, Wilson, Smith, Meyers, Pinkley NOES: _Councilmen: None ABSENT:- Councilmen: None Proposed boundary The proposed boundary change, the de -annexation of Change--de-annexation Newport Beach school territory from the City of Costa of Costa Mesa Terri- Mesa and the annexation of the territory to the City tory of Newport,Beach, was presented. The Clerk read a letter received from Mayor Charles E. Hart, Mayor of the City of Newport Beach, requesting the Council to consent to the de -annexation, and he also read a reso- lution of the Board of Education of the Newport Beach School District requesting that the Council of the City of Costa Mesa adopt a resolution consenting to the de - annexation. Thereupon on motion by Councilman Meyers, Resolution 63-90 seconded by Councilman Smith, Resolution 63-90, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CONSENTING TO THE DEANNEXATION OF CERTAIN REAL PROPERTY OWNED BY THE NEWPORT BEACH SCHOOL'DISTRICT, was adopted, and the motion carried by the following roll call vote: AYES: Councilmen: Jordan, Wilson, Smith, Meyers, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Phillips--Request The request for Elwood Phillips, 275 Twin Palzis'Drive,'" for conditions Palm Springs, California, for Planning Commission recom= mendations for street improvements for the 276-foot by 480.34-foot parcel of land at the southwesterly corner of Baker Street and College Street was presented together with the recommendations of the Planning Commission as follows: 1. Recommended installation of all street improvements, including commercial sidewalks and concrete driveway approaches, on Baker Street, College Street, and Dale Way as per agreement with the City of Costa Mesa under Subdivision Application No. 256 with the following exception: That the sidewalks on Dale Way be installed at the owner's expense, as per standard specifications of the City of Costa Mesa, within five years or when the other property owners in this block install their sidewalks, whichever is sooner, and a letter to this effect is to be submitted to the City by the owner. The Mayor inquired if anyone wished to speak. Mr. Neal Martin, 1867 Newport., Costa Mesa, spoke in the absence of the applicant. Upon motion by Councilman Wilson., seconded by Councilman Jordan, and carried, the conditions as recommended by the Planning Commission were approved. Tentative map of Tentative map of Tract 4674,•Study A, dated July 24, Tract 4674, Study A 1963, for Marma,d, Incorporated, Post Office Box 654, Marmad Orange, to divide property described as Lots 3, 4, and 5 in Block C.of the Berry Tract, into 219 lots, located northerly of Paularino Avenue, southerly of Gisler Avenue, easterly of Jefferson Avenue, Tract 4608, and westerly of Bear Street, was presented together with the recommendation of the Planning Com- mission for approval subject to the recommendations of the Planning Department, dated August 8, 1963, and all the recommendations of the City Engineer, dated August 7, 1963, except that Condition No. 12 be amended to read "That a 50 -foot right of way be required on B.Way, C. Way, H. Way, and I. Way and said street width to be improved 40 feet from curb to curb". The Mayor inquired of the audience if anyone wished to speak. Mr. Dave Woods, engineer, spoke to the Council. Upon motion by Councilman Wilson, seconded by Councilman Meyers, and carried, Tentative map for Tract 4674 was approved subject to the recommendations of the Plan- ning Commission. Tentative map of Tentative map of Tract 5275 for Harold Beardsley, 17+7 Tract 5275. Miramar Drive, Balboa, to divide property described as Beardsley a portion of Lot 705, Newport Mesa Tract, into 10 lots, southwest corner of 18th Street and Wallace Avenue, was presented together with the recommendations of the Plan- ning Commission: 1. That the applicant agrees to waive his legal rights in the event the Conditional Use Permit is denied; 2. Subject to all the recommendations of the City Engineer dated August 7, 1963; 3. Subject to all the recommendations of the Planning Department dated August 8, 1963; 4. That all the covenants, restrictions,, -and conditions are to be recorded concur- rently with the record map and must meet the require- ments heretofore set by the office of the City Attorney. That any management agreement, articles for non-profit corporation or association bylaws meet the requirements as heretofore set by the office of the City Attorney. The Mayor inquired of the audience if anyone wished to speak. Mr. Harold Beardsley, applicant, answered questions of -the Council. Upon motion by Councilman Jordan, seconded by Councilman Smith, and carried, Councilman Meyers voting No. Tentative map for Tract 5275 was approved subject -to the recommendations of the Planning Commission. I. J Upon motion by Councilman Jordan, seconded by Councilman Resolution 63-91 - Smith, Resolution.63-91, being A RESOLUTION OF THE CITY Weed Abatement_ COUNCIL OF THE CITY OF COSTA MESA APPROVING AND CONFIRM- ING THE REPORT OF THE STREET.SUPERINTENDENT SHOWING THE COST.OF REMOVING THE WEEDS, RUBBISH, REFUSE OR DIRT ON OR IN FRONT OF EACH SEPARATE PARCEL OF LAND IN THE CITY OF COSTA MESA, was adopted. The motion carried by the following -roll call vote: AYES: Councilmen: Jordan, Wilson, Smith, Meyers, Pinkley NOES: Councilmen: None ABSENT: -Councilmen: None Right of way.deeds. Upon motion by Councilman Wilson, seconded by Councilman Smith, the following right of way deeds were accepted and ordered placed on record by the following roll call vote: AYES: Councilmen: Jordan, Wilson, Smith, Meyers, Pinkley NOES: Councilmen: None ABSENT:- Councilmen: None DATE NAME FOR STREET 4-15-63 Costa Mesa Grange No. 612 Victoria Street 8-15-63 William J. Cagney Superior at 17th Street 8-19-63 E. E. and S. W. Denbow Bay and Thurin Streets Recess The Mayor declared a short recess, and the meeting recon - vend at 9:00 p.m. Variance 1035 Variance 1035 for Ira B. Livingston, 1961 Fullerton Livingston Avenue, Costa Mesa, for permission for six units on 11,508 square feet of land area (1,918 square feet per unit) in an R2 zone at that address was presented together with the recommendation of the Planning Commission for approval for.four units only subject to the following conditions: 1. Existing .unit No. 4 to be removed within 30 days of Council action; 2. That the existing house contain a maximum of two units to meet all the requirements of the Department of Building Safety. The Clerk reported that no communications had been received. The following spoke in favor of the granting of the Variance: Applicant I. Livingston; Selim S. Franklin, attorney representing the former owner, Julia S. Hemmingway. The following spoke in opposition of the granting of the Variance: Mr. Ash, 1958 Fullerton, Costa Mesa. After discussion, motion for approval subject to the existing buildings being brought up to meet the Uniform Building Code specifica- tions of the City of Costa Mesa was made by Councilman Meyers, and seconded by Councilman Jordan, and carried. Variance 1037 Variance 1037 for Joseph C. Scherer and/or Hans C. Scherer and Hoglind, 4110 River Avenue, Newport Beach, for permission Hoglind to construct five units in addition to existing single dwelling, making a total of six units on 11,726.30 (one unit per 1,95+•3) square feet of land area at 181+ Viola Place together -with the recommendation of the Planning Commission for denial. The Clerk read the following letters in opposition to the granting of the Variance: Laura C. Hruza, Women's Club President; E. S. and Lorraine C. -John, 1818 Viola Place; Refugio M. Leon, 18th Street and Kenwood Place. The following people spoke obJecting_to the granting of the Variance: Mr. Ed John and Mrs. Lorraine John; Henry Nemos, Viola and 18th Street; Mrs. Marvin Gibson and Mr. Marvin Gibson, 632 West 18th Street; Mildred Fisher, 1817 Viola Place; Floyd.Squire, 1821 Viola Place.. Applicant Hans Hoglind spoke to the Council. After discussion, motion for denial of Variance 1037 was made by Councilman Meyers, seconded by Councilman Wilson, and carried. Variance 1038 Variance 1038 for Thomas Albert Cox, 1800 Wallace Avenue, Cox Costa Mesa,.for permission to add 12."units_to existing. 19 units, making a total of 31 units on 47,700 square feet of land area (one unit per 1,538.7 square feet) at the northeast corner of Wallace and West 18th Street, was presented together with the recommendation of the Planning. Commission for approval subject to the following conditions: 1. Installation of -residential sidewalks and concrete driveway approaches by the applicant, at his expense, along Wallace for a distance of 300 feet and along West 18th Street for a distance of 159 feet as per standard specifications of the City of Costa Mesa; 2. Tree planting compatible with surrounding :area; 3. .Fire extinguishers as per.National Board of Fire Underwriters.Pamphlet;No. 10 and subject to State .and local fire codes; 4. Installation of 6 -foot opaque fence along the northerly property line and the northerly 134 feet of the easterly property line. The Clerk reported that no communications had been received. The Mayor inquired if anyone wished to speak. Garrett Smith, architect for.the applicant, spoke to the Council. Upon motion by Councilman Wilson, seconded by Councilman Smith, and carried, Councilman Meyers, voting No, Variance.1038 was approved subject to the recommendations of. the Planning Commission. Upon motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the.following Conditional Use Permit Nos. C -88-A, C -89-A, and C -101-A were approved for a period of one year or until the homes in these .tracts are sold, .whichever is sooner, subject to the require- ments of the Department of Building Safety and that the signs are to be removed by each applicant at his expense at the end of one year, and an agreement to this effect shall be signed by each applicant, subject to the approval of the City Attorney: Conditional Use Permit 1. Conditional Use Permit C -88 -Amended for Macco Con - C -88 -Amended struction Company, 3800 Pacific Coast Highway, Corona Macco del.Mar, for permission to continue a temporary 24 -foot by 24 -foot double -face, circle directional sign to advertise the first sale of homes in the College Series, Tract 42041.on Fairview Road and El Camino Drive. Conditional Use Permit 2. Conditional Use Permit C -89 -Amended for Macco Con - C -89 -Amended struction Company, 3800 Pacific Coast Highway, Corona, Macco ..-del Mar, for permission to continue a 12 -foot by 60 - foot double-faced,"temporary direction sign for sale of -new homes in Tract 4204., on.the southwest corner of Fairview Road and Baker Street at 1201 Baker Street. Conditional.Use Permit 3. Conditional Use Permit C -101 -Amended for Henry C. C -101 -Amended Cox,, -13372 West Warner, Santa Ana, for the continuation Cox of one 15 -foot by 40 -foot directional sign and.six,4- foot by.6-foot feature,signs to advertise the construc- tion of and sale -of homes in Tracts 4354, 4355, and 4356, located 140 feet easterlyof the center line of Harbor Boulevard northerly of Watson Avenue. Conditional.Use Permit Conditional Use Permit C -104 -Amended for Fred W. Martin, C -104 -Amended 645 Ross Street, Costa Mesa, for permission to continue Martin to teach piano and singing in the home in an R1 zone at that address was presented together with the recommenda- tion of the -Planning Commission for approval subject to the following conditions: 1. No signs; 2. No employees; 3.. No lessons after.9:00 p.m. Upon motion by Councilman Wilson, :seconded by Councilman Smith, and carried, Con- ditional Use Permit C -104 -Amended was approved subject to the recommendation of the Planning Commission. Conditional Use Permit Conditional Use Permit C-193 for American Oil Company, C-193 5455 Wilshire Boulevard, Suite 90, Los Angeles 36, for American Oil permission to construct and operate a service station in a C2 zone on the southwest corner of Baker Street and Randolph Street was presented together with the recommendation of the .Planning Commission for approval subject to the following conditions: 1. Tree planting compatible with the surrounding area; 2. Subject to State and local fire codes; 3. Recommendation of the Conditional Use Permit is for the service station use only and does not approve signs, canopies or location of pump islands on the property. Upon motion by Council- man Meyers, seconded by Councilman Smith, and carried, Conditional Use Permit C-193 was approved subject to the recommendation of the Planning Commission. Conditional Use Permit Conditional Use Permit C-194 for Robert R. Webb, 1800 C-194 North Broadway, Santa Ana, for permission to construct Webb a 76 -bed convalescent home on the northwest corner of Bay and Thurin Streets was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1. Approval for 70 beds,only; 2. Dedication of all land 30 feet from the center line of existing Bay Street and all land 30 feet -from the center line of existing Thurin Street. Also dedication of 15 -foot radius at the northwest corner of Bay and Thurin Streets to the City of Costa Mesa for street purposes; 3. Subject to subdivision of Parcel AP 115-240-14 to agree with plot plan; 4. Prior to approval of any Building Permit Applications by the Planning Department, a cashier's check, cash .bond, or certified check shall be deposited with the City, amount to be determined by the City Engineer, for the installation of residential sidewalks and concrete driveway approaches at applicant's expense, per the standard specifications of the City of Costa Mesa. Said sidewalks to be installed upon completion of this segment of the Fairview Road Improvement Dis- trict; 5. Tree planting compatible with the area; 6. That final approval of this project be given only when the City of Costa Mesa has been advised by the State Agency having jurisdiction over projects of this kind that full compliance has been made with State regu- lations; 7. Subject to State and local fire codes; 8. Installation of a decorative block wall not less than.five feet, 6 inches nor more than 6 feet along the westerly and northerly property lines. The Clerk reported that no communications bad been received. Applicant Robert R. Webb was present. Upon motion by Councilman Jordan, seconded by Councilman Meyers, and carried, Conditional Use Permit C-194 was approved subject to the conditions of the Planning Commission. Conditional Use Permit Conditional Use Permit C-196 for Jack Horrell, 2212 C-196 Avocado Street, Costa Mesa, for permission to use C2 Horrell property for construction of.residential units, a maximum of four units on 12,328 square feet of land area, at that address, was presented together with the recommendation of the Planning Commission for approval sabject to the following conditions: 1. Final plans -to be approved by the Planning Commission prior to Planning Department approval of the Building Permit applications; 2. No occupancy or utilities (gas or electric) until all conditions are met; 3. Subject to local fire codes; 4. Tree planting com- patible with the surrounding area (after street improvement completed); 5. Installation of resi- dential sidewalks.and concrete driveway approaches by the applicant at his expense,, as per standard specifications of the City of Costa Mesa, California, after.completion of the Fairview Road Improvement District. Upon motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the application was approved subject to the recommendation of the Planning Commission. Conditional Use Permit Conditional Use Permit C-197 for Foster and Kleiser, 1550 C-197 - West Washington Boulevard, Los Angeles 7, for permission Foster and Kleiser to erect one standard painted bulletin, 122 -foot by 46 - foot, over the roof of an existing building at 1808-1810 Newport Boulevard, was presented together with the recom- mendation of the Planning Commission for denial. The Clerk reported that no communications had been received. Mr. Robert Reid of Foster and Kleiser spoke to the Council. After discussion, motion was made by Councilman Jordan, seconded by Councilman Wilson, to defer the application to tlE meeting of September 3, 1963. Conditional Use Permit Conditional Use Permit C-198 for Carolyn Simonson, 157- 57C-198 c -198 East 18th Street, Costa Mesa, for permission to operate Simonson a beauty shop in the home in an R1 zone at 934 West 19th Street, was presented together with the recommendation of.the Planning Commission for approval subject to the following conditions: 1. For a period of one year with the privilege of requesting a renewal at no fee; 2. No employees; 3. No signs; 4. Dedication to the City of Costa Mesa of all land 40 feet from the center line of East 19th Street for street widening purposes; 5. Subject to local and State fire codes; 6. Off-street parking under the direction of the Director of Planning; 7. Subject to all requirements of the Department of Building Safety. Mrs. Simonson was present and spoke to the Council. After discussion, motion was made by Councilman Wilson, seconded by Councilman Jordan, for approval subject to the recommendations of the Planning Commission except that Condition No. 3 be changed to read, "No external signs". Conditional Use Permit Conditional Use Permit C-200 for Don Matthiesen, 1789 C-200 Kenwood Place, Costa Mesa, to allow the operation of Matthiesen a private elementary school to the eighth grade in an R2 zone at 657 Victoria Street was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1. In no event shall this operation exceed 50 children; 2. Property to be completely enclosed with a 6 -foot fence; 3. Subject to State and local fire codes for Group "C" occupancy; 4. Installation of residential sidewalks and concrete driveway approaches by the appli- cant, at his expense, as per the standard specifications of the City of Costa Mesa; 5. Tree planting compatible with the area; 6. A walkway shall be constructed around the parking lot area and tied in with the side- walks in the front. Mr. Harry Kelso, 1231 Dolphin Terrace, Corona del Max, spoke in opposition to the granting of the application. George Sutton, former - owner of 657 Victoria, Costa Mesa, spoke to the - Council in favor of the granting of the application. Applicant Matthiesen spoke to the Council also. After discussion, motion was made by Councilman Wilson, seconded by Councilman Jordan, and carried, for approval subject to the recommendations of the Plan- ning Commission with the condition added to read, "Six -square foot identification sign subject to the approval of the Planning Department to be allowed". Permits Upon motion by Councilman Wilson, seconded by Council - Hadley man Jordan,.and carried, the request of Lorna E. Halley, 2989 Teakwood Place, Costa Mesa, to hold a block party on 'September 21, 1963, blocking off Teakwood Place, a cul-de-sac, was approved subject to the approval of the Chief of Police. Permits Upon motion by Councilman Wilson, seconded by Councilman Continued Jordan, and carried, the letter from the National Cystic Fibrosis Research Foundation was referred to the Director of Finance. Upon motion by Councilman Wilson, seconded by Councilman Meyers, and carried, the -Notice of Intention to Solicit for Charitable Purpose of the Optimist Club of Costa Mesa, 3131 Canadian Drive, Costa Mesa, was approved with.the waiving of conditions as provided for under Section 6914 J of the Municipal Code. Upon motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the Notice of Intention to Solicit for Charitable Purpose of the United Fund of Costa Mesa, 690 West 19th Street, Costa Mesa, was approved with the waiving of conditions as provided for under Section 6914 J of the Municipal Code. Upon motion by Councilman Wilson, seconded by Councilman Warrant Resolution Jordan, Warrant Resolution No. 343 including Payroll Nos. 343 237 and 238 was approved by the following roll call vote: AYES: Councilmen: Jordan, Wilson, Smith, Meyers, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Written Commun;- The Clerk read a communication received from Paul M. Cortes, cations 2474 Orange Avenue, Costa Mesa, objecting to Condition No. 2 on Subdivision 462, which reads, "2. Installation of residential sidewalks on Orange Avenue in front of Parcels A and B by the owner, at his expense, as per -standard specifications of the City of Costa Mesa, includ- ing concrete driveway approaches." After discussion motion by Councilman Jordan, seconded by Councilman Wilson, for the denial of the request of Mr. Cortes, was carried by the following roll call vote: AYES: Councilmen: Meyers, Jordan, Wilson NOES: Councilmen: Smith, Pinkley ABSENT: Councilmen: None The communication from Paul R. Williams, 2957 Randoph Automobile damage Avenue, Costa Mesa, was read to the Council regarding Williams damage done to his automobile. Also read was a letter to Mr. Williams from the City Attorney. Upon motion by Councilman Wilson, seconded by Councilman Meyers, and carried, the communication was ordered received and filed. The letter from Robert R. Mosier, the president of Lake Front Property Owners Association, 2414 - 23rd Street, Newport Beach, regarding the condition of flood control in the Cherry Lake area was referred to the City Manager for report at the meeting of September 3, 1963, upon the motion by Councilman Smith, seconded by Councilman Wilson, and carried. The letter from William J. Schworer, Jr., 9772 Katella Avenue, Anaheim, requesting the Mayor to proclaim the week of September 16th to 21st as Orange Coast YMCA "Indian Guide Week", was read by the City Clerk. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried, the Mayor is to issue a proclama- tion as requested. Upon motion by Councilman'Wilson, seconded by Council- man Smith, and carried, the following communications were ordered received and filed: From Public Utilities Commission regarding railroad grade crossings; From Orange County Coast Association, Incorporated, Post Office -Box 272, Huntington Beach, regarding development of coastal area between the -Cities of Newport Beach and Seal Beach; From Richard H. Dodd, architect, 2043 Westcliff Drive.,Newport Beach, submitting his name for future City architectural work; Application for Alco- holic Beverage License for the Pantry Food Markets, Incorporated, 1170 Baker Street, for a new off -sale beer and wine license; A resolution from the City of Dairyland urging the continuance of the Uniform Building Code. Oral Communications The Mayor inquired of the audience if anyone wished to speak on any item that was not on the agenda. There ..were no oral communications. Upon motion by Councilman Smith, seconded by Council - Resolution 63-87 man Meyers,.Resolution 63-87, being A RESOLUTION OF Amount necessary THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, from property taxes FIXING THE AMOUNT OF REVENUE FROM PROPERTY TAXES NECES- SARY TO SUPPORT ITS DEPARTMENTS FOR THE CURRENT FISCAL YEAR OF 1963-1964, was adopted, and the motion carried by the following roll call vote: AYES.: Councilmen: Jordan, Wilson, Smith, Meyers, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Upon motion by Councilman Wilson, seconded by Council - Resolution 63-88 man Meyers, Resolution 63-88 was adopted, being A RESO- Fixing tax rate LUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, and levying a tax CALIFORNIA, FIXING THE TAX.RATE PER CENTUM AND LEVYING _.upon property A TAX UPON ALL -OF THE TAXABLE PROPERTY WITHIN THE CITY OF COSTA MESA ,.WHICH IS TAXABLE, FOR MUNICIPAL PURPOSES, and the motion carried by the following roll call vote: AYES: Councilmen: Jordan, Wilson, Smith, Meyers, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Upon motion by Councilman Wilson, seconded by Council - Resolution 63-89 man.Jordan, Resolution 63-89.was adopted, being A RESO- Supervising authority LUTION OF THE CITY COUNCIL.OF THE CITY OF COSTA MESA, Park and_Recreation _CALIFORNIA,, ACTING AS SUPERVISING AUTHORITY OF THE District. COSTA MESA RECREATION AND PARK DISTRICT, FIXING THE TAX RATE PER.CENTUM, LEVYING A TAX RATE UPON ALL THE TAXABLE PROPERTY WITHIN THE COSTA MESA RECREATION AND PARK DISTRICT WHICH IS TAXABLE FOR THE OPERATIONAL RUNNING EXPENSES OF THE DISTRICT, and the motion carried by.the following roll call vote: AYES: Councilmen: Jordan, Wilson, Meyers, Pinkley NOES: Councilmen: Smith ABSENT: Councilmen: None Upon -motion by Councilman Wilson, seconded by Council - Resolution 63-92 man Smith, Resolution 63-92 was adopted, being A RESOLU- Authorizing payments TION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, of assessments_ CALIFORNIA, AUTHORIZING THE PAYMENT OF ASSESSMENTS ON PARCELS OF LAND OWNED BY PUBLIC AGENCIES IN CONNECTION WITH THE FAIRVIEW ROAD IMPROVEMENT DISTRICT, and the motion carried by the following roll call vote: AYES: Councilmen: .Jordan, Wilson, Smith, Meyers, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None On the recommendation of the City Attorney the claim Claim for damages of Harold Shaw for damages was denied on motion by Shaw Councilman Wilson, seconded by Councilman Jordan, and carried. 1 Upon -motion by -Councilman Meyers) -seconded by Councilman Resolution 63-93 Jordan, Resolution 63-93 was adopted, being A RESOLUTION Authorization to OF THE CITY COUNCIL OF.THE CITY OF COSTA MESA AUTHORIZING request sales tax THE DIRECTOR OF FINANCE OF THE CITY .OF COSTA MESA TO information EXAMINE ALL OF THE SALES AND USE TAX RECORDS OF THE STATE BOARD OF EQUALIZATION OF THE STATE OF CALIFORNIA, and the motion carried by the.following roll call vote: AYES: Councilmen: Jordan, Wilson, Smith, Meyers NOES: Councilmen: Pinkley ABSENT: Councilmen: None Upon motion by Councilman Wilson, seconded by Councilman Thomas Craig Allen Smith, the Director of Finance was authorized to credit Condemnation to the account of Thomas Craig Allen the amount of Prepayment author- $100.00 as a prepayment on his property in the Fairview ized Road Improvement District involved in the condemnation action. The motion carried by the following roll call vote:. AYES: Councilmen: Jorda) Wilson, Smith, Meyers, NOES: Councilmen: Pinkley ABSENT: Councilmen: None The Mayor said that the installation of certain fire Fire warning systems warning systems purchased by some of the citizens of Costa Mesa had proved to be inadequate. He urged anyone contemplating a fire warning system to get the recommendation of the Fire Chief before purchase and installation. Agreement A revised agreement by and between the City of Costa Gisler Avenue Storm Mesa and the State Division of Highways covering the Drain proposed Gisler Avenue Storm Drain between Bear Street and.Harbor Boulevard was presented by the City Engineer, and upon motion by Councilman Wilson, seconded by Councilman Meyers, the agreement was -approved and the. Mayor and.the City Clerk authorized to execute it on behalf of the City. The motion carried by the follow- ing roll call vote: AYES: Councilmen: Jordan, Wilson, Smith, Meyers, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Construction of Street Plans and specifications for the Construction of Street Lighting in Harbor Lighting in Harbor Boulevard from Wilson Street to 850 Boulevard, Bids called Feet North of Baker Street were presented by the City Engineer. Upon motion by Councilman Wilson, seconded by Councilman. Jordan, and carried, bids were authorized to be called for on or before the hour of 5:00 p.m., bids to be opened at 6.:30 p,.m., on September 16, 19632 at the Council meeting. The City Engineer presented the final map of Tract 5252, Macco Corporation, 3800 East Coast Highway, Corona del Mar, to divide property located between El Camino Drive Final map of Tract and Coronado Drive and extending westerly approximately 5252 334 feet from the center line of La Salle Avenue, into Macco 21 lots, together with a surety bond in the amount of $23,800.00; a check in the amount of $4,870.18; and a signed agreement. Thereupon -on motion by Councilman Wilson, seconded by Councilman Jordan, Resolution 63-9+ Resolution 63-94 was adopted, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE MAP OF TRACT NO. 5252. 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, and the motion carried by the following roll call vote: AYES: Councilmen: Jordan, Wilson, Smith, Meyers, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Upon motion by Councilman Meyers, seconded by Councilman Traffic Signal Facili- Wilson, Change Order No. 1 in the project known as Traffic ties at Five Intersec- Signal Facilities at Five Intersections was approved in the tions amount of $4,432.00, and the motion carried by the follow- ing roll call vote: AYES: Councilmen: Jordan, Wilson, Smith, Meyers, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Upon motion by Councilman Wilson, seconded by Councilman Resolution 63-95 Jordan, Resolution 63-95 was adopted, being A RESOLUTION Highway taxes OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ACCEPTING THE IMPOSITION OF ADDITIONAL HIGHWAY USERS TAXES AND FEES PURSUANT TO CHAPTER 1852, STATUTES OF 1963, and the motion carried by the following roll call vote: AYES: Councilmen: Jordan, Wilson, Smith, Meyers, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Paving of Baker Upon motion by Councilman Wilson, seconded by Councilman 'Street Jordan, and carried, the City Engineer received authori- Bids called zation to prepare plans and specifications for the paving of Baker Street and to advertise for bids. Departmental reports Upon .motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, the following departmental reports were ordered received and filed: City Treasurer, for the month of July; Pound; Finance Department, for the month of July. Councilman Smith suggested that the City Manager, City Newport Boulevard Engineer, and the Traffic Commissioner investigate the and 18th Street left -turn traffic -problem at 18th Street and Newport hazard Boulevard and to see if the State could take steps to eliminate this hazard. Upon motion by Councilman Wilson., seconded by Councilman Resolution 63-96 Jordan, Resolution 63-96, being A RESOLUTION OF THE CITY Sidewalk policy COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING A SIDEWALK POLICY IN THE CITY OF COSTA MESA, was adopted, and the motion carried by the following roll call vote: AYES: Councilmen: Jordan, Wilson, Meyers, NOES: Councilmen: Smith, Pinkley ABSENT: Councilmen: None Adjournment Upon motion by Councilman Pinkley, seconded by Council- man Wilson, and carried, the meeting was adjourned at 11:20 p -.m. Mayor of the City of Costa Mesa ATTEST: •/�- .�t�-!tet/l/ City Clerk of the City of Costa Mesa