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Home My WebLink About03/18/1957 - City Council154 REGULAR MEETING OF THE CITY COUNCI L CITYOF COSTA MESA March 18, 1957 The City Council of the City of Costa Mesa, California, met in regular ses- WRITTEN Upon motion by Councilman Pinkley, seconded by Councilman Martin, and COMMUNICATIONS carried, a communication from the, State Board of Equalization thanking City Officials for their splendid cooperation in carrying out the adminis- tration of the Bradley -Burns Uniform Sales Tax Act, was accepted and ordered filed. Upon motion by -Councilman Meyers, seconded by Councilman Pinkley, and unani- mously carried, a Resolution from the Orange Connty Veterinary Medical Association, 1192 Laguna Road, Tustin, proposing a more equitable methof of canine vaccination against rabies, was accepted and ordered ELled. Upon motion by Councilman Meyers, seconded by Councilman Pinkley, and unani- musly carried, a communication from Basil H. Peterson, Resident of Orange Coast College, suggesting that the City consider an Ordinance to provide for payment for loss of animals from the destructive activities of dogs from the license fees collected, was received and ordered filed. Upon motion by Councilman Smith, seconded by Councilman Pinkley, and carried, the Deputy Clerk was directed to hold the. written communications received relative to the Animal Ordinance for consideration along with Ordinance #58. Reports Upon motion by Councilman Smith, seconded by Councilman Meyers, and carried, the Report of the City Treasurer and -the Report of the Director of Finance were accepted and ordered filed. Tentative Map Tentative Map of Tracts Nos. 3227 and 3228, submitted in the names of Paul TRACTS NOS.- Trautwein, 1769 Santa Ana Avenue, and Miriam S. Smith, 527 Via Lido Soud, 3227/3228 Newport Beach, respectively, for the division of 2.091'acres (Tract No. 3227) (Trautwein & into 10 lots and for the division of 1.636 acres (Tract No.' 3228) into 8 `Smith) lots, said Tracts lying south of 18th Street between Santa Ana Avenue and Westminster Avenue, were presented for approval. Mr. Trautwein was present to discuss the proposed subdivision with the Council.. After consideration, and upon motion by Councilman Smith, seconded by Councilman Pinkley, and unanimously carried, Tentative Map of Tracts Nos. 3227 and 3228 was approved sion at 7:30 p.m., March 18, 1957, at the Newport Justice Court, 567 West 18th Street-, Costa Mesa. The meeting was called to order by Mayor Nelson, followed by the .Pledge of Allegiance'to the Flag and Invocation by Bruce Martin. ROLL CALL Councilmen Present: Martin, Pinkley, Smith, Meyers, Nelson Councilmen Absent: None Officials Present: Deputy City Clerk, Cily Clerk, City Manager, City Attorney, Director of Finance, City Treasurer Minutes Upon motion by Councilman Pinkley, seconded by Council man.Meyers, and unanimously carried, the reading of the minutes of March 4, 1957, was waived, and they were approved as written." PUBLIC IEARIhrz Mayor Nelson reported that this was the time and place fixed for the hearing Precise Plan of protests or objections against the adoption of a Precise Plan for the Joann Street Extension of Joann Street in the City of Costa Mesa. The Deputy Clerk report- ed that the affidavit of publication is on file in the office of the City Clerk, and that no written protests had been.received. Mayor Nelson asked if there were any in the audience wishing to speak regarding the matter. There being no oral or written protests, Councilman Smith moved that the public hearing be closed. The motion was seconded by Councilman Martin, and unanimously carried. Thereupon 'Councilman Pinkley moved the adoption of Resolution No. 343, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ADOPTING A PRECISE PLAN FOR THE EXTENSION OF JOANN STFOET IN THE CITY OF COSTA MESA.11 The motion was seconded by Councilman Meyers, and Resolution No. 343 was adopted by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOESr Councilmen - None ABSENT: Councilmen - None WRITTEN Upon motion by Councilman Pinkley, seconded by Councilman Martin, and COMMUNICATIONS carried, a communication from the, State Board of Equalization thanking City Officials for their splendid cooperation in carrying out the adminis- tration of the Bradley -Burns Uniform Sales Tax Act, was accepted and ordered filed. Upon motion by -Councilman Meyers, seconded by Councilman Pinkley, and unani- mously carried, a Resolution from the Orange Connty Veterinary Medical Association, 1192 Laguna Road, Tustin, proposing a more equitable methof of canine vaccination against rabies, was accepted and ordered ELled. Upon motion by Councilman Meyers, seconded by Councilman Pinkley, and unani- musly carried, a communication from Basil H. Peterson, Resident of Orange Coast College, suggesting that the City consider an Ordinance to provide for payment for loss of animals from the destructive activities of dogs from the license fees collected, was received and ordered filed. Upon motion by Councilman Smith, seconded by Councilman Pinkley, and carried, the Deputy Clerk was directed to hold the. written communications received relative to the Animal Ordinance for consideration along with Ordinance #58. Reports Upon motion by Councilman Smith, seconded by Councilman Meyers, and carried, the Report of the City Treasurer and -the Report of the Director of Finance were accepted and ordered filed. Tentative Map Tentative Map of Tracts Nos. 3227 and 3228, submitted in the names of Paul TRACTS NOS.- Trautwein, 1769 Santa Ana Avenue, and Miriam S. Smith, 527 Via Lido Soud, 3227/3228 Newport Beach, respectively, for the division of 2.091'acres (Tract No. 3227) (Trautwein & into 10 lots and for the division of 1.636 acres (Tract No.' 3228) into 8 `Smith) lots, said Tracts lying south of 18th Street between Santa Ana Avenue and Westminster Avenue, were presented for approval. Mr. Trautwein was present to discuss the proposed subdivision with the Council.. After consideration, and upon motion by Councilman Smith, seconded by Councilman Pinkley, and unanimously carried, Tentative Map of Tracts Nos. 3227 and 3228 was approved subject to the recommendations of the Planning Commission and the City Engineer, on file in the office of the City Clerk. ORDINANCE #158 Ordinance No. 158, "AN ORDINANCE OF THE CITY OF COSTA MESA REGUTA TING Regulating THE KEEPING OF ANIMALS, POULTRY AND LIVESTOCK IN SAID CITY,"-w,ras submit - Animals ted for second reading. A lengthy discussion period ensued, wherein 26 persons were heard by the Council. Petitions were submitted by Leland M. Edwards (665 signatures), Judy Wood, representing the Mesa Riders Club (over 600 signatures), and J. D. Douglas, 412 Magnolia Street (37 signa- tures), all protesting the proposed Ordinance. At public request, each Councilman stated his ideas and recommendations on the an imal'Ordinance. Thereupon Councilman Martin moved that further action on Ordinance No. 158 be deferred and a committee be appointed by Mayor Nelson, representing various organizations and a cross-sectinn of the population, said committee to meet and make a recommendation to the Council, in an effort to assist the Council to enact fair and equitable legisltation that would benefit the majority of the people with minimum disadvantage. The motion was seconded by Councilman Meyers, and unanimously carried. , Mayor Nelson announced that the committee will be appointed.in the near future, and that appointees will be notified. AYES-. Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Subdivision Subdivision Application No. 121, submitted in the name of Harold Judd, Application 259 East 21st Street, requesting permission to divide property at 257 and No. 121 .259 East 21st Street into two parcels, was again presented for approval, (Harold Judd) having been deferred from the meeting of March lith. After discussion, Councilman Smith moved that Subdivision Application No. 121 be approved subject to the recommendation of the Planning Commission, with the added stipulation that in addition to the 151 right of way, the applicant dedi- cate a 51 easement to the City for future sidewalks, street lights and utilities along the proposed extension of ;Westminster Avenue, the under- standing being that the six units will be allowed as per sketch submitted by the applicant and on file in the office of the City Clerk. The motion was seconded by Councilman Pinkley, and unanimously carried. Water Bond The -Deputy Clerk read a Report on the plans and terms for the joint acqui- Issue sition and construction of water supply works for the City of Costa Mesa and the City of Newport Beach, as submitted by the Commissioners of the City of Costa Mesa. Thereupon Mayor Nelson read the following statement,.prepared by the five members of the Council expressing their opinion and wishes, and ordered it spread upon the minutes as follows: "I am in accord with the findings of the Commissioners on the proposed joint water project, but our eagerness to further complete this project at this time is somewhat abated by the action today of the City of Newport Beach. The City Council_ of Newport Beach voted to appeal a deci- sion of the Superior Court of the State of California on Mesa No.,2 Annex- ation. They gave as their reason a moral obligation to one of the property owners in the area. We, too, have a moral obligation, not to just one person, but to all the people in the Mesa No. 2 area who voted to join the City of Costa Mesa., -and that is to allow them to vote along with the rest of the City of Costa Mesa on this important joint water project.- Morally, this is a right to which ve, the Council, have always subscribed. 1 1 L�l Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried, the written communications received by the Council relative to the Animal Ordinance, were ordered filed. ORDINANCE #159 Ordinance No. 159, "AN ORDINANCE OF THE CITY OF COSTA MESA,' CALIFORNIA, Amending #25 PROVIDING FOR LICENSING AND REGULATING THE CARRYING ON OF VARIOUS PRO - (2nd Reading) FESSIONS, TRADES., CALLINGS, BUSINESSES AND OCCUPATIONS AND PRESCRIBING A PENALTY FOR THE VIOLATION THER:EOF,111 was presented for second reading. Following reading of the title, Councilman Smith moved that further read- ing be waived and that it be read by title only. The motion was seconded by Councilman Pinkley, and unanimously carried. Thereupon Councilman Smith moved the adoption of Ordinance No. 159. The motion was seconded by Councilman Pinkley, and Ordinance No. 159 was adopted by.the following roll call vote: AYES-. Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Subdivision Subdivision Application No. 121, submitted in the name of Harold Judd, Application 259 East 21st Street, requesting permission to divide property at 257 and No. 121 .259 East 21st Street into two parcels, was again presented for approval, (Harold Judd) having been deferred from the meeting of March lith. After discussion, Councilman Smith moved that Subdivision Application No. 121 be approved subject to the recommendation of the Planning Commission, with the added stipulation that in addition to the 151 right of way, the applicant dedi- cate a 51 easement to the City for future sidewalks, street lights and utilities along the proposed extension of ;Westminster Avenue, the under- standing being that the six units will be allowed as per sketch submitted by the applicant and on file in the office of the City Clerk. The motion was seconded by Councilman Pinkley, and unanimously carried. Water Bond The -Deputy Clerk read a Report on the plans and terms for the joint acqui- Issue sition and construction of water supply works for the City of Costa Mesa and the City of Newport Beach, as submitted by the Commissioners of the City of Costa Mesa. Thereupon Mayor Nelson read the following statement,.prepared by the five members of the Council expressing their opinion and wishes, and ordered it spread upon the minutes as follows: "I am in accord with the findings of the Commissioners on the proposed joint water project, but our eagerness to further complete this project at this time is somewhat abated by the action today of the City of Newport Beach. The City Council_ of Newport Beach voted to appeal a deci- sion of the Superior Court of the State of California on Mesa No.,2 Annex- ation. They gave as their reason a moral obligation to one of the property owners in the area. We, too, have a moral obligation, not to just one person, but to all the people in the Mesa No. 2 area who voted to join the City of Costa Mesa., -and that is to allow them to vote along with the rest of the City of Costa Mesa on this important joint water project.- Morally, this is a right to which ve, the Council, have always subscribed. 1 1 L�l 54 Although I am eager, willing and ready to --proceed toward completion of this joint project, I mw a that we table the Commissioners' Report until such time as the people in Mesa No. 2 Annexation can vote on the project. I further move that our City Attorney be instructed to assist the City of New- port Beach in the speedy processing of their -appeal in order that the joint project may be subjected to the least possible delay." The motion was seconded by Councilman Pinkley, and carried by the following roll call vote; AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - Norte ABSENT:- Councilmen - None Montgomery Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and unani- Report mously carried, the "Report on Master Plan for Water Storage and Transmission Mains,tt dated March, 1957, and prepared by James M. Montgomery, Consulting Engineer, was ordered filed. Variance #309 Variance Application Noo 309, submitted in the name of Armando Monaco, 816 (Monaco) West Bay Avenue, Balboa, for the construction of 8 units total on two 6,750 sq. ft. lots on Rochester Street between Tustin and Santa.Ana Avenues, an R4 zone, was again presented for approval, hav ng.been deferred from the meeting of March 4th. Since the precise.plot plan; drawn to scale and sub- mitted by the applicant pursuant to Council directive, still failed to in- dicate adequate parking facilities, it was moved by Councilman Smith, sec- onded by Councilman Pinkley, and unanimously carried, that Variance Applica- tion No. 309 be tabled. ORDINANCE #160 Thereupon.Ordinance No. 160, "AN ORDINANCE OF THE CITY OF COSTA MESA REGULA- Fireworks TING THE SA LIE OF FIREWORKS. AND REPFA LING ORDINANCE N0. 50 OF THE CITY OF (1st Reading) COSTA MESA,tt was introduced by Councilman Martin. Following reading of the title, Councilman Smith moved that full reading be waived, and that it be read by title only. The motion was seconded by Councilman Meyers, and car- ried. It was thereupon moved by Councilman Pinkley that this constitute the first reading of Ordinance No. 160. The motion was seconded by Council- man Martin; and carried by the following roll call votes AYES- Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None Samuel Agree- Councilman Pinkley moved the adoption of Resolution No. 344, t,A RESOLUTION ment OF THE CITY COUNCIL OF. THE CITY OF COSTA MESA RATIFYING, ACCEPTING AND AP- PROVING AN AGREEMENT BY AND BETWEEN HERMAN E. SAMUEL AND ELLEN L. SAMUEL, RESOLUTION AUD'.THE CITY OF COSTA ME1SA.tt The motion was seconded by Councilman Pinkley, #344 and Resolution No..344 was adopted by the following roll call vote: AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES. Councilmen - None ABSENT: Councilmen - None Knotty Keg At the direction of the Planning Technician, Earl G. Ellis, owner..of the Parking Knotty Keg, 2125 Harbor Boulevard, was,present,to discuss with the Council complaints of adjacent property owners relative to a problem created by-iri- diseriminate parking on the part of Knotty Keg patrons'., --Dick Neumann, 601, Catalina Drive, Newport Beach, owner of the Knotty Keg property, was also present and indicated his willingness to erect barricades to remedy this situation. After further discussion, and upon motion -by -Councilman Meyers,;\ seconded by Councilman Pinkley, and unanimously carried, -the matter was tabled. Variance #315 Variance Application No. 315. was submitted in the name of Ha W®- Wright, 126 (,Wright) Rochester Street, reque sting a rear yard setback to Of for the construction_ of commercial buildings at the rear of 126-130 Rochester Street, a C2 zone. Upon motion by Councilman Meyers, seconded by Councilman Pinkley, and unani- mously carried, Variance Application No. 315 was approved subject to the recommendations of the Planning Commission, on file in the' office of the City Clerk. Variance #316 Variance Application No. 316 was submitted in the name of Mrs. Marie F. (Hanselman) Hanselman, 383 ?East 20th Street, requesting permission to conduct a home occupation (interior decorating) at the above address, an R4 zone. Upon motion by Councilman Meyers, seconded by Councilman Martin, and unanimously carried, Variance Application No. 316 was approved in accordance with the recommendations' of the Planning Commission, on file in the office of the City Clerk. Variance #317 Variance Application No. 317 was submitted in the name of Herbert L. (Shoemaker) Shoemaker, 246 - 16th Place, requesting a 101 rear yard setback on the first lot west of 286 Costa Mesa Street, an R4 zone. The applicant was not _present to discuss his request. Upon motion by Councilman Smith, second- ed by Councilman Pinkley, and unanimously carried, Variance Application No. 317 was approved in accordance with the recommendations of the Plan- ning Commission, on file with the City Clerk. PERMITS Upon motion by Councilman Smith, seconded by Councilman Pinkley, and unanimously carried, a permit was granted to 7dalter 0. Henning, 1758 Santa Ana Avenue, to install a.juke box at Speedy Lunch, 2011 Placentia Avenue. Upon motion by -Councilman Smith, seconded by Councilman Meyers, and unani- mously carried, a permit was.granted to Orange County Speedway to allow Doug Caruthers, 536 Julianna Street, Anaheim, to conduct midget auto races at the Orange County Fairgrounds beginning March 24, 1957, on Wednesday and Saturday nights, providing the races end by 10:00 p.m., and on Sun- day afternoons and holidays, and with the further provision that every- thing possible will be done to control the noise. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and unanimously carried, a permit was granted to Newhope Auto Wreckers, 15302 Newhope Street, Santa Ana,,to do auto wrecking in the City. WR -107 11JaLrrant Resolution No. 107, including Payroll No. 65, was presented -for approval. On motion by Councilman Pinkley, seconded by Councilman Meyers,- Warrant Resolution No. WR -107 was adopted by the following roll call vote' AYES: Councilmen - Martin, Pinkley, Smith, Meyers, Nelson NOES. Councilmen - None ABSENT. Councilmen - None Upon recommendation of the City Manager,. and upon motion by Councilman Smith, seconded by Councilman Pinkley, a special appropriation in.the amount of $787.02 was authorized for the installation of underground telephone conduit and intercommunication equipment in the new City Hall, by the following roll -call vote: AYES: Councilmen - Martin, Pinkley, 'Smith, Meyers, Nelson NOES: - Councilmen - None ABSENT: C ours ilmen - None Adjournment Upon motion by Councilman Martin, seconded by Councilman Pinkley, and unanimously carried, the meeting was adjourned at 10:00 p.m. until 6:00 p.m. Tuesday, March 19, 1957. orWo4eity o os a Mesa ATTEST. C ty ClerY of he C11177 of os a Mesa By Z - Deputy Ll 1