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HomeMy WebLinkAbout10/05/1959 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA October 5, 1959 The City Council of the City of Costa Mesa met in regular session at 7;30 o'clock p.m., October 5, 1959, at the City Hall, 695 W. 19th Street, Costa Mesa. The meeting was called to order by the Mayor followed by the Pledge of Allegiance to the Flag and Invo- '. cation by Reverend P. G. Neuman ROLL CALL Councilmen Present: Rea, B.Smith, Meyers, Pinkley, J.Smith Councilmen Absent: None Officials Present: Director of Public Works, City Attorney, City Engineer, Director of Finance, Chief Deputy City Clerk Minutes Upon motion by Councilman Pinkley, seconded by Councilman Rea, and 9/21/59 carried the minutes of the regular meeting of September 21, 1959, were approved as written and previously distributed. OPENING OF BIDS The Mayor announced that this was the time and place set for the open - 3/4 Ton Pickup ing of bids for one 3/4 Ton Pickup Truck and 12 ton rated cab and 2z Ton Cab & Chassis chassis. The.Clerk reported that three bids had been received. The bids were then publicly opened, read, and declared as follows: NAME 3/4 Ton 11 Ton Miller Chevrolet $_2279-75 $ 3066..86 L & K Motors $ 1934.97 $ 2750.32 Theo Robbins Ford $ 2133.33 $ 2900.70 Reference is hereby made to the bids on file with the City Clerk for all details as to unit prices. Upon motion by Councilman B.Smith, seconded by Councilman Pinkley, and carried, the bids were referred to the Director of Finance for check and report back to the Council. The comparison having been completed, the Director of Finance advised the City Council that one of the bids did not ttate the year or model of the vehicles, and inasmuch as the bid form did not request such information that he would recommend that the bids be rejected and new specifications be written -and bids be advertised for. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Rea, and carried, that all bids be rejected and that new ,specifications be written and bids advertised for. PUBLIC HEARING The Mayor announced that this was the time and place set for public Huntzinger Annexa- hearing of protests or objections against the proposed Huntzinger tion Annexation. The Clerk reported that the affidavit and proof of the publication of the Resolution of Intention, and the mailing of notices of adoption of said Resolution, as required by law, had been made and were on file in the office of the City Clerk. The Mayor upon . de- clared the hearing open. The Clerk reported that 14 written protests had been received, representing 330.55 acres and $226,750 Assessed Valuation. The Mayor inquired if there were anyone present wishing to present a written protest at this time. No one came forth, and the Mayor again inquired if there were anyone present wishing to speak or protest. All persons having been given full opportunity to be heard, and no one wishing to speak, it was moved.by Councilman B.Smith, seconded by Councilman Pinkley, and carried, that the public hearing be closed. Thereupon it was moved by Councilman B.Smith, seconded by Councilman Rea, and carried, that the protests be referred to the City Engineer for check and report back. The protests having been checked it was found that they represented 330.55 acres and $226,750.00 Assessed Valuation, against the proposed 708.40 acres and an Assessed Valuation of $486,200. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Meyers, and carried, that the protests received represented less than 1/2 of the Assessed Valuation as shown on the last Assessment Roll of the County of Orange, ORDINANCE NO. 272 Thereupon Ordinance No. 272, being AN ORDINANCE OF THE CITY Huntzinger Annexa- COUNCIL OF THE CITY OF COSTA MESA APPROVING THE ANHKATION OF CER - tion, lst reading TAIN UNINHABITED TERRITORY CONTIGUOUS TO THE CITY OF COSTA MESA, IN THE COUNTY OF ORANGE, KNOWN AND DESIGNATED AS "HUNTZINGER ANNEXA- TION", was presented. Following full reading of the Ordinance, section by section, it was moved by Councilman Pinkley, seconded by Councilman B.Smith, and carried, that this constitute the first reading of Ordinance No. 272. PUBLIC HEARING The Mayor announced that this was the time and place set for the Rezone No. 79 public hearing on Rezone Petition No. 79, being the petition of Elite Sales_ Corp. Elite Sales Corp. 214 Via Ithaca, Newport Beach, to rezone from R4 to R2, Lot No. 706, Newport Mesa Tract, located on the East side of Placentia, approximately 330' Southerly of W. 18th Street. The Clerk read the recommendation of the Planning Commission for ap- proval provided that, prior to action by the City Council, the applicant submits the following to the City Clerk: 1) An Agree- ment to (a) provide a deed restriction for a maximum of one unit for each 1500 sq. ft. of land area and two usable off-street park- ing -spaces for each unit in accordance with the parking standards of the -City of Costa Mesa. He reported no written communications had been received on the Rezone. Variance 660 The Clerk at this time read a communication from Mr. Kenneth Request denied Fether, requesting the Council to reconsider their decision on Variance No. 660, which they had denied on September 21. Said variance requested permission to build 19 four unit apartment -ORDINANCE No. 267 buildings on each of the following lots in Tract 3517- Lots 1 .lst reading through 11 and 15 through 22, which is for the same property as the rezone petition. The Mayor inquired if there were anyone present wishing to speak. Thereupon Mr. Ken Fether spoke in favor of the rezoning; and also stated that he was trying to save the time for the Rezoning to go in effect by asking for the Variance. After discussion it was moved by Councilman Pinkley, seconded by Councilman Meyers, and carried that the request for reconsideration of Variance No. 660 be denied. Thereupon it was moved by'Councilman B.Smith, seconded by Council- man Pinkley, and carried, that the public hearing be closed on Rezone Petition No. 79. ORDINANCE NO. 266 Thereupon Ordinance No. 266, being AN ORDINANCE OF THE CITY lst reading COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTION 3.2 OF ARTIC E III OF ORDINANCE NO. 32 OF SAID CITY, CHANGING THE ZONING OF LOT 706 NEWPORT MESA TRACT, FROM R4 TO R2, was presented. Upon motion by Councilman B.Smith, seconded by Councilman Rea, and carried, first reading was given to Ordinance No. 266. 11 1 PUBLIC HEARING The Mayor announced that this was the time and place set for the Rezone No. 80 public hearing on Rezone Petition No. 80, being the petition of Beil Walter Beil,- 247 Ocean View, Newport Beach, to rezone from R4 to R2, Lot 59, Tract 57, located at 352 Victoria Street. The Clerk read the recommendation of the Planning Commission for approval provided that prior to action by the City Council, the applicant submits the following to the City Clerk: 1) A deed dedicating all land 40.00 ft. from the center line of Victoria Street to the City of Costa Mesa for street purposes. 2) An agreement to provide a deed restriction for a maximum of one unit for each 1500 sq. ft. of land area and two usable off-street parking spaces for each unit in accordance with the parking standards of the City of Costa Mesa. The Mayor then inquired if there were anyone present wishing to speak. The Clerk reported that the necessary deed and agreement had been re- ceived. No one wishing to speak it was moved by Councilman B.Smith, seconded by Cpuncilman Pinkley, and carried, that the hearing be closed. -ORDINANCE No. 267 Ordinance No. 267, being AN ORDINANCE OF THE CITY COUNCIL OF THE .lst reading CITY OF COSTA MESA AMENDING SECTION 3.2 OF ARTICLE III OF ORDINANCE NO. 32 OF SAID CITY, CHANGING THE ZONING OF LOT 59, TRACT NO. 57, FROM R4 TO R2, was presented and read in full. Upon motion by Councilman Pinkley, seconded by Councilman B.Smith, Ordinance No. 267 was given first reading and passed to second reading. PUBLIC HEARING The Mayor announced that this was the time and place set for the Rezone No. 83 public hearing on Rezone Petition No. 83, being the petition of Swentek Swentek Construction Company, Inc. 1570 W. Sumace Lane, Anaheim, to rezone from Al to R2, Lots 1 through 14, Block E, Fairview Farms, Book 25., Pages 77 and 78, Misc. Maps, Records of Orange County, located on the west side of Harbor Blvd., between Elm and Cypress Avenues, easterly of Orange Street, Costa Mesa. The Clerk read the.recommendation of the Planning Commission, for approval pro- vided, that, .prior to action by the City Council, that the appli- cant submits the following to the City Clerk: 1) An agreement to provide a deed restriction for a maximum of one unit for each 1500 sq. ft. of land area and two for one off-street parking ratio in accordance with the parking standards of the City of Costa Mesa. 2) An agreement to improve all streets within this Tract accord- ing.to the requirements of and under the direction of the City Engineer. The Mayor inquired if there were anyone present wishing to speak on'the rezone. All having been given an opportunity to be heard, and no one wishing to speak, it was moved by Councilman Pinkley, seconded by Councilman Rea, and carried, that the hearing be closed. ORDINANCE NO. 268 Ordinance No. 268, being AN ORDINANCE OF THE CITY COUNCIL OF 1st reading THE CITY OF COSTA MESA AMENDING SECTION 3.2 OF ARTICLE III OF ORDINANCE NO. 32 OF SAID CITY CHANGING THE ZONING OF LOTS 1 THROUGH 14 OF BLOCK E FAIRVIEW FARMS, FROM Al TO R2, was presented and read in full. Upon motion by Councilman B.Smith, seconded by Councilman Meyers, and carried, Ordinance No. 2.68, was given first reading and passed to second reading. The Mayor announced that this was the time and place set for the public hearing on Rezone Petition No. 84, being the petition of William E. George, 3007 Murray Lane, to rezone from R4.to Cl, the southerly 114.5 feet of the easterly2 of Lot 4, Tract 9, excepting therefrom the easterly 75 ft. and the westerly 218.04 ft. of Lot 82, Tract.57, located along both:.sides of W. Wilson Street, starting approximately 105.00 ft. westerly of the center line of Fairview Road, and extending westerly approximately 230.00 ft. The Clerk read-the recommendation of the Planning Commission for approval provided that, prior to action by the City .Council, the following is submitted to the City Clerk; 1) A deed from each property owner involved dedicating all land 30.00 ft. from the centerline of Wilson Street to the City of Costa Mesa for street purposes. 2) An agreement, signed by all property owners involved that if this property is used for residential purposes, that it be deed restricted to a maximum of one unit for each 1500 sq. ft. of land area and two usable off-street parking spaces for each unit in accordance with the parking standards of the City of Costa Mesa. 3) That a bond be posted by each property owner involved for the instdilation of commercial sidewalks on both sides of Wilson Street. The Clerk read a communication from Mr. George requesting reconsideration on the bond from each property owner. After discussion, the City Attorney suggested that a personal performance bond would be ac- ceptable to the City and Mr. George could secure the necessary forms from his office. Mr. George felt that this would be agree- able to the property owners, he also stated that the signed agree- ments would be in by the next Council meeting. There being no one else wishing to speak, it was moved by Councilman B.Smith, seconded by Councilman Rea, and carried, that the public hearing be.closed. ORDINANCE NO. 269' Thereupon Ordinance No. 269., being AN ORDINANCE OF THE CITY 1st reading COUNCIL OF THE CITY OF COSTA-:MESA AMENDING SECTION 3.2 OF ARTICLE III OF ORDINANCE NO. 32 OF SAID CITY, CHANGING THE ZONING OF POR- TIONS OF LOT 4, TRACT NO. 9 AND LOT.82, TRACT N0. 57, FROM R4 TO Cl, was presented and read in full. Upon motion by Councilman e;. B.Smith,'seconded by Councilman Meyers, and carried, Ordinanc No. 269, was given first reading. PUBLIC HEARING The Mayor announced that this was the time and place set for public Rezone No. 85 hearing on Rezone Petition No. 85, being the petition of Thomas J. Bryan Bryan, 1793 Kenwood Place, Costa Mesa, to rezone from R4 to R2, the southwesterly 66.15 ft. of the northeasterly 198.15' of the southeasterly 380.30 ft. of Lot 221, Newport Heights Tract, located at 2034 Newport Blvd. The Clerk read the recommendation of the Planning Commission for approval provided that, prior to action by the City Council, the applicant submits the following to the City Clerk.: 1) A deed dedicating 25.00 ft. along the easterly property line to the City of Costa Mesa for proposed Fullerton Avenue. 2) An agreement to install the improvements of said dedication which shall be in accordance with the standards of the City of Costa Mesa and under the direction of the City Engineer and shall include curbs, gutters, paving to existing pavement and sidewalks. 3) An agreement to provide a deed restriction for a maximum of one unit for each 1500 sq. ft. of land area and two for one off-street park- ing ratio -in accordance with the parking standards of the City of Costa Mesa. The Mayor inquired if there were anyone present wishing to be heard. No one wishing to be heard it was moved by Councilman B. Smith, seconded by Councilman Pinkley, and carried, that the hearing be closed. ORDINANCE NO. 270 Thereupon Ordinance No. 270, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTION.3.2 OF ARTICLE III OF ORDINANCE N0. 32 OF SAID CITY, CHANGING THE ZONING OF A PORTION OF LOT 221, NEWPORT HEIGHTS TRACT, FROM R4 TO R2, was presented. Upon motion by Councilman Pinkley, seconded by Councilman Rea, and carried, Ordinance No. 270, was given first reading and passed to second. PUBLIC HEARING The Mayor announced that this was the time and place set for Rezone No. 87 public hearing on Rezone Petition No. 87, being the petition Init. by Plan Com. initiated by the Costa Mesa Planning Commission, to rezone from R4 to R1, Tracts 1872, 3185, 2873, 3143, L(:'- 53-56, 57, 61, 62, Fairview Farms Tract, Lot 34, Tract 9. The Clerk read the recom- mendation of the Planning Commission for approval. The Mayor in- quired -if there were anyone present wishing to speak. No one desiring to speak, it was moved by Councilman B.Smith, seconded by Councilman Rea, and carridd, that the public hearing be closed. ORDINANCE NO. 271 Thereupon Ordinance No. 271, being AN ORDINANCE OF THE CITY lst reading COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTION 3.2 OF ARTICLE III OF ORDINANCE NO. 32 OF SAID CITY, CHANGING THE ZONING OF TRACTS NOS. 1872, 3185,2873, 31+3 AND PORTIONS OF TRACT NO. 9 AND FAIRVIEW FARMS TRACT FROM'R4 TO Rl was presented. Upon motion by Councilman Pinkley, seconded by Councilman Rea, andcarried, Ordinance No. 271 was given first reading. Final Tract 3487 The City Engineer presented the final map of Tract No. 3487 submitted Lincoln Savings & in the name of Lincoln Savings and Loan, located West of Harbor, Loan south of Gisler, comprising 55.03 acres subdivided into 173 lots, together with a certified check in the amount of $25,487.41 and a bond in the amount of $286,300.00, and signed Agreement. Upon motion by Councilman B.Smith, seconded by Councilman Rea, RESOLUTION NO. 653 Resolution No. 653, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE MAP OF TRACT NO.. 3487 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 Rea, B.Smith, Pinkley, Meyers, J.Smith NOES: Councilmen - None ABSENT: Councilmen - None Audit of Accounts Upon motion by Councilman B.Smith, seconded by Councilman Pinkley, and carried, the report of Pyle, Lance and Schlinger, for Audit of Accounts for the Fiscal Year Ended June 30, 1959, was received and ordered filed. Departmental Reports Upon motion by Councilman Pinkley, seconded by Councilman Rea, and carried, the following departmental reports were received and ordered filed- for the month of September: 9 free permits, Planning, Pound - master, Fire, Civil Defense, Building Safety, Street, and Police. 1 1 1 ORDINANCE NO. 262 Upon motion by Councilman B.Smith, seconded by Councilman Pinkley, 2nd reading and carried, Ordinance No. 262, beingAN ORDINANCE OF THE CITY OF Rezone No. 81 COSTA MESA AMENDING SECTION 3.2 OF ARTICLE III OF ORDINANCE NO. 32 OF SAID CITY CHANGING THE ZONING -OF CERTAIN TRACTS AND PORTIONS THERE- OF FROM R4 TO R1, was -given second reading. Upon motion by Council- man Pinkley, seconded by Councilman Rea, Ordinance No. 262, was adopted by the following roll call vote: AYES: Councilmen B. with, Rea, Pinkley, Meyers, J.Smith NOES: Councilmen - None ABSENT: Councilmen - None ORDINANCE 263 Upon motion by Councilman Pinkley, seconded by Councilman B.Smith, 2nd reading and carried, Ordinance No. 263, being AN ORDINANCE OF THE CITY OF Rezone No. 82 COSTA MESA AMENDING SECTION 3.2 OF ARTICLE III OF ORDINANCE NO. 32 OF SAID CITY CHANGING THE ZONING OF CERTAIN TRACTS AND PORTIONS THEREOF FROM R4 TO Rl, was given second reading. Upon motion by Councilman B.Smith,. seconded by Councilman Meyers, Ordinance No. 263 was adopted by the following roll call vote: AYES:.Counci.lmen B.Smith, Rea,.Pinkley, Meyers, J.Smith NOES: Councilmen - None ABSENT: Councilmen - None ORDINANCE NO. 264 Upon motion by Councilman B.Smith, seconded by Councilman Pinkley, 2nd reading and carried, Ordinance No. 264, being AN ORDINANCE OF THE CITY Rezone 78-A COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTION 3.2 OF ARTICLE III OF ORDINANCE NO. 32 OF SAID CITY CHANGING THE ZONING OF TRACT NO. 2959, TRACT NO. 3033 AND A PORTION OF TRACT N0. 300 FROM R4 TO R1, was given second rearing. Upon motion by Councilman Pinkley, . seconded by Councilman Meyers, Ordinance No. 264 was adopted by the following roll call vote: AYES: Councilmen B.Smith, Rea, Pinkley, Meyers, J.Smith NOES: Councilmen - None ABSENT: Councilmen -. None. ORDINANCE.NO. Upon motion by Councilman Pinkley, seconded by Councilman B.Smith, 205 and carried, Ordinance No. 265, being AN ORDINANCE OF THE CITY OF 2nd reading COSTA MESA AMENDING SECTION 10.3 OF ARTICLE X OF ORDINANCE NO. 32 Wallace Ave. AND ESTABLISHING SETBACKS IN LOT 705 OF NEWPORT MESA TRACT, was Extension given second reading. Upon motion by Councilman B.Smith, seconded by Councilman Pinkley, Ordinance No. 265 was adopted by the follcF- ing roll call vote: AYES: Councilmen B.Smith, Rea, Pinkley, Meyers, J.Smith NOES: Councilmen - None ABSENT: Councilmen - None The Mayor declared a five minute recess and the meeting reconvened at Permit -Thrift Shop U1:'ro ?5nc%ion by Councilman Pinkley, seconded by Councilman Rea, and carried, permit was granted to Ticktocker Thrift Shop, dba National Charity League Inc., Newport Harbor Chapter, for a thrift shop (non profit) at 114 E. 19th Street, subject to the approval of the Fire Department and Building Safety Department. Butterfield Sign The request of Butterfield Outdoor Advertising Corporation for Co. reconsideration of Council decision of September 8, 1959 for denial on erection of two 10' x-101 directional billboards on the south- east corner of Fairview and Wilson was presented. Upon mbtion by Councilman B.SmiJ4 seconded by Councilman Meyers the permit was granted by the following roll call vote: AYES: Councilmen Rea, B.Smith, Meyers NOES: Councilmen Pinkley, J.Smith ABSENT: Councilmen - None Request for de- A communication was read from A. C. Stoneman, Inc., requesting de- viation in Var- viation in parking in Tract No. 3411, i.e. eliminate 14 spaces, one lance No. 397-A space each on.Lots 5 through 18. The Clerk read the recommendation Stoneman of the Planning Commission for approval of seven (7) off-street parking spaces for each of Lots 5 through 18', Tract No. 3411 instead of the required 8 parking spaces for each of these lots, as approved under Variance No. 397-A. He also stated that on September 21, 1959, Council action was tied with a two -two 'vote. Thereupon it was moved by Councilman B.Smith, seconded by Councilman J.Smith, that action of the Planning Commissic+n b e upheld. The motion was defeated by a 3/2 vote as follows: AYES: Councilmen B.Smith, J.Smith NOES: Councilmen Rea, Meyers, Pinkley ABOENr: Councilmen - None ORDINANCE NO. 2nd reading Cl -A zone Defeated 248 A communication was read from the Planning Commission recommending that the proposed Cl -A Ordinance be excluded from the Costa Mesa Land Use Ordinance, and that the Commission further wishes to Inform the Council that it will, as quickly as possible, complete a study of certain E. 17th Street areas proposed for C1 -S. There- upon it was moved by Councilman Pinkley, seconded:'- by Councilman B.Smith that Ordinance No. 248, being AN ORDINANCE.OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING ORDINANCE NO. 32 TO PROVIDE FOR A NEW ZONE AND SETTING FORTH THE REGULATIONS THEREOF, be adopted. The motion was defeated by the following roll call vote: AYES: Councilmen - None NOES: Councilmen - Rea, B.Smith, Pinkley, Meyers, J.Smith ABSENT: Councilmen - None REZONE 86 Upon motion by Councilman Pinkley, seconded by Councilman B.Smith, Tiffany - Public hrg. and carried, Public Hearing was set for Monday, October 19, 1959, set for 10/19/59, at the hour of 7:30 o'clock p.m. or as soon thereafter as possible in the Council Chambers for Rezone Petttion No. 86, for A. E. Tif- fany, 202 Drftwood Road, Corona del Mar, to rezone from R4 to R2 and Ml, Lot 506, Newport Mesa Tract. Tentative Tr. 3585 Tentative Tract Map No. 3585, for Dike and Colegrove, Inc., Dike and Colegrove. 419 E. 17th Street, to divide property located on the northeast corner of Royal Palm Drive and Ponderosa, described as a portion of Lot 4; Tract 2822, into 12 lots, was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) All the requirements of the City En- gineer, dated September 28,'1959. 2) The street names shall be under the direction of the Director of Planning. Upon motion by Councilman B.Smith, seconded by Councilman Pinkley, and carried, the Council upheld the decision of the Planning Commission. Right of Way Deeds Upon motion by Councilman B.Smith, seconded by Councilman Rea, a right of way deed dated October 1, 1959, from Louis A. Weide, for.that certain street known as Avocado Street, was received and ordered placed on record by the following roll call vote: AYES: Councilmen Rea, B.Smith, Pinkley, Meyers, J.Smith NOES: Councilmen - None ABSENT: Councilmen - None VARIANCE NO. 513-A Variance application No. 513-A, being the application of Ruth M. Carlson Carlson, 2045 Anaheim, Costa Mesa, to permit continuance to do drapery work in the home- at 2045 Anaheim, was presented, together with the recommendation of the Planning Commission for appromal subject to the following conditions: 1) For a period of two years; 2) No signs; 3) No employees; 4) No sales.of merchandise from this address; 5) No storage of stock on the premises. Upnn motion by Councilman Pinkley, seconded by Councilman Meyers, and carried, the variance was approved subject to the recommendations of the Planning Commission. VARIANCE N0. 662 Variance application No. 662, being the application of Francis H. Gates Gates, 2090 Meyer Place, Costa Mesa, to permit an encroachment of 2.20 ft. into the required side yard.setback of 40 ft. from the center line of Meyer Place, was presented together with the recom- mendation of the Planning Commission for approval subject to the following conditions: 1) Installation of residential sidewalks along Meyer Place and Hamilton; 2) Two for one off-street parking ratio under the direction of the Director of Planning; 3) That the building setback line be a minimum of 55 ft. from the center line of Hamilton Street. Mr.. Francis H. Gates, the applicant was present and re- quested deletion of sidewalks for at least a year. The Attorney suggested that Mr. Gates provide an agreement or personal under- taking -bond to'complete the sidewalks within a years time, -which was.agreeable to Mr. Gates. Thereupon it was moved by Councilman B.Smith, seconded by Councilman Rea, and carried, that the Variance be approved subject to all the recommendations of the Planning Com- mission, with the added stipulation that the applicant may provide an agreement or personal performance bond to complete the sidewalks within a years time, said agreement to be filed with the City Attor- ney, before the variance will become effective. VARIANCE No. 663 Giraud i Variance application No. 663, being the application of Gertrude Giraud, 1519 Santa Ana Avenue to permit use of property for the operation of a nursery school at 1519 Santa Ana Avenue, was pre- sented together with the recommendation of the Planning Commis- sion for approval subject to the following conditions: 1) For a period of one year, after which time the applicant will have the privilege of applying for an amendment. 2) No signs; 3) Subject to the requirements of Building Safety Department and the Fire Department. Upon motion by Councilman-B.Smith, seconded by Councilman Meyers, and carried, the Variance was approved, sub- ject to all the recommendations of the Planning. VARIANCE 664 Variance application No. 664, being the application of Park Custom Park Custom Doors Doors, 511 Fairfax Drive, to permit the use of property for sales service and parts for custom-made doors, at 511 Fairfax Drive, was presented together with the recommendation of the Planning Commission for approval. Upon motion by Councilman B.Smith, seconded by Councilman Meyers., and carried; the variance was ap- proved as recommended. VARIANCE N0. 665 Variance application No. 665, being the application for Cornelius M. Sexton Sexton, 29T9 Newport Boulevard, Newport Beach, to permit a 20.00 ft. encroachment into the required 25.00 ft. rear yard setbadk for a new temporary office building, to be located at 18th and Whittier, was presented, together with the recommendation of the Planning Commission for approval subject to the dedication of all land 30.00 ft. from the center line of Whittier Avenue and for a period of three years. Upon motion by Councilman B.Smith, seconded by Councilman Meyers, and carried, the Variance was approved subject to the recom- mendations of the Planning Commission. VARIANCE N0. 667 Variance application No. 667, being the application of James D. Ray, Ray 3446 E. Coast Highway, Corona Del Mar, to permit use of R4 property for parking for C2 property described as a portion of Lot 92 and 14, Tract 1113, located at 178 Wells Place, was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) That the off-street park- ing be under the direction of the Director of Planning. 2) That the applicant installs a block fence along the westerly line of the parking lot and along the northerly property line of the parking lot. 3) That no access to the parking lot be allowed from Wells Place. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried, the Variance was approved subject to the recom- mendations. of the Planning Commission. VARIANCE N0. 668 Variance application No. 668, being the application of Melvin L. Kiddie Kiddie 500 San Bernardino Avenue, Newport Beach, to build three Deferred to 10/19/59 units on 8,000 sq. ft. of land area was presented together with the recommendation of the Planning Commission for denial for the following reasons: 1) Immediately to the north of this property are single family homes and to the south there are duplexes. 2) It is felt by the Commission that to allow heavier density would tend to devaluate single family homes to the North and start a trend to a heavier density in the whole area. Mr. Kiddie was present and requested the Council to reconsider the recommendation of the Plan- ning Commission. After discussion it was moved by Councilman B.Smith, seconded by Councilman Pinkley, and carried, that Variance No. 662 be deferred to the next regular meeting. VARIANCE N0. 669 Variance application No. 669, being the application of Victor A. Stiver Stiver, 2382 Rochester St. Costa Mesa, to permit units to be built with an encroachment of 20.00 ft. into the required 25.00 ft. rear yard setback at 238 Rochester St., was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) Subject to the requirements of the Building Sf'ety Department. 2) Two for one off-street parking ratio under the direction of the Director of Planning. 3) Installation of residential sidewalks on Westminster and Rochester; 4) Dedication of 5.00 ft. along Westminster to the City of Costa Mesa for street purposes. After discussion it was moved by Councilman B.Smith, seconded by 6ouncilman Meyers, and carried, that the Variance be granted subject to the recommendation of the Planning Commission. SUBDIVISION NO. 267 Subdivision application No. 267, being the application of Mary Jane Shrader Shrader, 168 Monte Vista, to divide property at 168 Monte Vista into two parcels (portion of Lot 82, Tr. 300) both parcels lei.ng substandard, was presented together with the recommendation of the Planning Commission for approval provided that Parcel 2 is made an integral part of AP No. 119-070-55. Upon motion by Councilman B.Smith, seconded by Councilman Rea, and carried, the subdivision was approved subject'to the recommendation of the Planning Com- mission. SUBDIVISION NO. 268 Subdivision application No. 268, being the application of Dugas Eugene Dugas, 447 Lido Soud, Newport Beach, to divide property into three parcels, described as the easterly 152.60 feet of the northerly 117.00 feet of Lot 19, Tract 9, containing one substandard lot in area, was presented together with the recom- mendation of the Planning Commission for approval subject to the following conditions: 1) Dedication to the City of Costa Mesa of all land 30.00 ft. from the center line of Thurin Avenue for street purposes. 2) Dedication to the City of Costa Mesa of the spandrel at the southwest corner of Hamilton and Thurin. Deviation In Vari- A communication was read from Irving Geddis, regarding Variance ance No. 639 No. 639, requesting deletion of three off-street parking spaces Geddis as.to provide these additional spaces would mean paving of the front yard. After discussion it was moved by Councilman B.Smith, seconded by Councilman Rea, and carried, that permit be granted for the occupancy with the existing three parking spaces. Council Pinkley voted noe. PERMITS Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried, permit was granted to Foster and Kleiser Co. to relocate on the same property one of the outdoor advertising structures, located on the,north side of the lot at 2297 Harbor Blvd. Upon motion by Councilman Pinkley, seconded by Councilman B. Smith, and carried, permit was granted to Beach Amusement, for skill games (1 bowler and 1 skill pool) to be located at Ye Harbor Inn, 2023 Harbor Blvd., subject to the approval of the Chief of Police. Upon motion by Councilman Pinkley, seconded by Councilman Rea, and carried, permit was granted to Dewey's Rubbish Service, dba Harry W. Otting, 2075 Newport Avenue, Costa Mesa. W. R. 186 Upon motion by Councilman Pinkley, seconded by Councilman Rea, Warrant Resolution No. 186, including payrolls 128 and 129, was approved by the following roll call vote: AYES: Councilmen Rea, B.Smith, Meyers, Pinkley, J.Smith NOES: Councilmen - None ABSENT: Councilmen - None W. R. 187 Upon motion by Councilman Pinkley, seconded by Councilman Meyers, Warrant Resolution No. 187, was approved by the following roll call vote: AYES: Councilmen Rea, Pinkley, Meyers, B.Smith, J.Smith NOES: Councilmen None ABSENT: Councilmen - None Oral Communications The Mayor inquired if there were anyone present wishing to speak Neal -Drainage on some item not on %he agenda. Thereupon Mr. Glen Neal, 181 Albert Place requested information on the proposed drainage system on the northeast side of Costa Mesa, and whether or not there would be anything done before the rainy season. The engineer stated that no work would be done in that area before next April. The Mayor stated that pumps wouldagain be used to help relieve the situation when there was a heavy rain until such time as something permanent could be done. r 101 Sale of Fire- Mr. Walter A. Miller, 276 Broadway, reported to the Council that works by Non- he had petitions bearing 3,000 signatures from registered voters Profit Organ. in the City of Costa Mesa requesting that Fireworks be sold and discharged in the City. He requested the Council to reconsider their Ordinance No. 257, prohibiting the sale of and shooting of fireworks in the City. The following also spoke from the floor in support of his request: James Sexton, Pres., Youth Services Assn.; Gerald Grotley, head.of Sea Scout.Troop; William L. St. Clair, .head of Troop 666; Ivan Marik, Committee Chairman of Post 63; Mr. Paul Rodet spoke in behalf of the Chamber of Com- merce who.had requested the Ordinance. After a lengthy discus- sion, it was moved by Councilman Pinkley, seconded by Councilman B.Smith, that Ordinance No. 273, being AN ORDINANCE OF THE CITY OF COSTA MESA REPEALING ORDINANCE NO. 257 OF SAID CITY, be adopted. The motion carried by the following roll call vote: AYES: Councilmen Rea, B.Smith, Meyers, Pinkley NOES: Councilman J.Smith ABSENT: Councilmen - None RESOLUTION NO. 654 OUtrigger Racing Support Thereupon the_aCounclirstructed the City Attorney,to draft an Ordinance making the selling of fireworks for one year permissible, and to -draft a second ordinance to.place the selling and dis- charging of fireworks before the Citizens of Costa Mesa, at the Municipal Election in April, 1960. Mr. Worth Bernard, Orange County Industrial News, presented a pro- posed Resolution of support to the Newport Harbor Team who will participate in the inter -island Molokai -to -Oahu race in Hawaii on October 18. Thereupon it was moved by Councilman B.Smith, seconded by Councilman Meyers, that Resolution No. 654, being a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA EXTEND- ING GREETINGS TO.THE 50TH STATE.AND EXPRESSING SUPPORT OF THE EXCHANGE OF OUTRIGGER RACING EVENTS, was adopted by the following roll call vote: AYES: Councilmen Rea, B.Smith, Pinkley, Meyers, J.Smith NOES: Councilmen- None ABSENT: Councilmen - None PERMITS Upon.motion by Councilman Rea, seconded by Councilman Pinkley, and carried, permit was granted to Newporter, Inc., 788 W. 16th Newporter, Inc. Street, to permit a trailer residence on the plant property Trailer for a watchman -guard. Quanabush Upon motion.by Councilman B.Smith, seconded,by Councilman Rea, Trailer and carried, the request of E.`T. Quanabush, 2553 Fairway Drive, to park a trailer at the rear of 2175 Fairview Road, a residential area, for a caretaker, was denied. A. B. C. Upon motion by Councilman B.Smith, seconded by Councilman Pinkley, and carried,'the notification of the Alcoholic Beverage Control for a person.to person transfer of on -sale beer license for Mesa Verde Country Club, 11122 Gisler Street, was received, and ordered filed. City Managers Report A communication was read from the City Manager stating that after careful analysis and study the following facts were determined with regard to the twenty group insurance bids received: 1) No bidder complied with the .specifications furnished by the City. 2) Because of the lack of bid conformity to the specifications there is no possible way to compare the benefits offered by one bidder with those offered by another. 3) Because benefits can- not be compared, prices cannot be compared, therefore he recom- mended.that all bids be rejected. Thereupon it wasrmved by Councilman Meyers, seconded by Councilman Pinkley, and carried that all the insurance bids be rejected, and that the City Manager be instructed to draw up new specifications.and advertise for bids. Adjournment Upon motion by Councilman Rea, seconded by Councilman Pinkley, and carried, the meeting adjourned -at 11:50 p.m. (2.�'L /W. May of the City' -Of -Costa Mesa ATTEST:� City Clerk of the City of Costa Mesa