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HomeMy WebLinkAbout07/23/1951 - Regular MeetingE,: °J.Stanley letter re- rezoning stipulations, Stanley Tract. No motor boat rentals. Sign for Harbor Cafe G.Hyer letter Re Balboa Blvd Landscaping, L.A.Airways Transfer, .CDM lease, Francisco to Dunn Res.3905 Stahler, Fish Mkt July 23, 1951• ' The City Council of the City of Newport Beach met in "regular session in the council chambers the City Hall of at the hour of 7:30 PM. The roll was called, the following councilmen answering pre- sent: Finch, Ramsey, Blue, Greeley, Isbell. Certain demands, having been signed by the Mayor and City Clerk and approved by the Finance Committee, were ordered paid on motion of Councilman Blue, seconded by Councilman Greeley, and the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None COMMUNICATIONS. A letter from the American Red Cross thanking the City Council for lifeguard service at the swimming areas was read, and on motion of Councilman Finch, seconded by Councilman Greeley and carried was ordered filed. • A letter from Earl W. Stanley supplementing stipulations made July 9th regarding the rezoning of the Stanley Tract from R -3 to C -1 -H, was read as follows: ' "To supplement my letter to you of July ith and for your re- cords at the City Hall, I wish to state that my tenant on the above designated property, Mr. Ned Newcomb, further agrees that he will not operate an outboard motor boat rental service on this property. "This letter is given to substantiate our verbal agreement made at the zoning hearing in connection with this property held July 9th, 1951, in the City Hall, Newport Beach, California." The above letter was signed by both Mr. Stanley and Mr. New - comb. On motion of Councilman Blue, seconded by Councilman Greeley and carried, the communication was ordered spread upon the minutes. The request of W. H. Smith, manager of the Harbor Cafe at 517 E. 30th St., for permission to erect a wooden sign 12 x 4 feet on City property at the intersection of Lafayette Ave. and Via Lido was referred to the City Manager on motion of Councilman Finch, seconded by Councilman Greeley and carried. A letter from Grainger Hyer regarding the enforcement of zon- ing regulations, suggesting that a summary of the enforcement campaign be madd in late September, was read, and on motion of Councilman Finch, seconded by Councilman Ramsey, the letter was ordered filed. The Corona del Mar Civic Association, expressing appreciation for the new Bluff sidewalk, requested that six more benches be placed at strategic points thereon. On motion of Councilman Blue, seconded ' by Councilman Greeley and carried, the letter was referred to the Park, Beach and Recreation Commission. The Balboa Improvement Association requested that the island divisions of Balboa Blvd. be left unpaved in order that they might be planted in connection with the landscaping of the Boulevard. On mo- tion of Councilman Blue, seconded by Councilman Ramsey and carried, the letter was ordered filed. Los Angeles Airways, Inc., expressed appreciation of the cooperation of the City in securing C.A.B. permission for helicopter transportation, and pledged continuance of cooperative effort for the development of air service. On motion of Councilman Finch, seconded by Councilman Ramsey and carried, the letter was ordered filed. Approval was given to the City Manager's request for trans- fer of Mrs. M. Robi Francisco's lease at 1010 Shore Dr., Corona del Mar State Park, to Kenneth and Marie Dunn, on motion of Councilman Greeley, seconded by Councilman Finch and the following roll call .vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The application of Walter G. Stahler for a license to oper- ate a fish market at 2616 Newport Blvd., subject to approval by the County Health Officer, was granted on motion of Councilman Finch, ' seconded by Councilman Ramsey and carried. E,: °J.Stanley letter re- rezoning stipulations, Stanley Tract. No motor boat rentals. Sign for Harbor Cafe G.Hyer letter Re Balboa Blvd Landscaping, L.A.Airways Transfer, .CDM lease, Francisco to Dunn Res.3905 Stahler, Fish Mkt The application of Leo de Ruyter for an exempt license to solicit for milk deliveries in the City of Newport Beach on the grounds that the • DE Ruyter, appl. milk was produced by his own cows, was denied on motion of Councilman Gree- for exmpt lic.denied ley, seconded by Councilman Finch and carried. The application of Letha Van der Linden for a licence to operate ' a beach concession at Corona del Mar was referred to the City Manager be- Van der Linden cause of lack of an address for the concession, on motion of Councilman Concession Lie. Greeley, seconded by Councilman Ramsey and carried. The application of Margaret B. Nelson for a license to operate M.B.Nelson, Conces. a beach concession at 1010 Shore Dr. Corona del Mar, was approved on motion Lie. CDM of Councilman Greeley, seconded by Councilman Blue and carried. The application of Eva Allinach for a license to operate a con- cession at 1010 Shore Dr., Corona del Mar, was granted, subject to approval Allinach, Conces. by the Health Officer, on motion of Councilman Blue, seconded by Councilman Lie. CDM Finch and carried. The application of Gilbert Foljambe to operate a hamburger stand at 912 Shore Ave., Corona del Mar, was granted subject to approval by the Foljambe, Conces. Health Officer on motion of Councilman Greeley, seconded by Councilman Blue Lie. CDM and- carried. The application of Russell h. Dress for an exempt license as a disabled veteran to peddle novelties in the City was referred to the City • Dress, appl. exempt Manager for investigation and report, on motion of Councilman Finch, se- lic. conded by Councilman Greeley and carried. UNFINISHED BUSINESS. Ordinance No. 645, being , AN ORDINANCE PROVIDING FOR THE REGULATION AND REGISTRATION Ord. 645 for 2nd OF VESSELS WITHIN THE CITY OF NEWPORT BEACH reading. Adopted. was presented for second reading, and on motion of Councilman Greeley, se- Reg. of Vessels. conded by Councilman Ramsey and carried, reading of the ordinance was waived. -On motion of Councilman Greeley, seconded by Councilman Finch, Ordinance No. 645 was adopted by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Ordinance No. 646, being Ord. 646 for 2nd AN ORDINANCE CHANGING THE ZONING OF CERTAIN PROPERTY reading. AND CHANGING THE SET BACK LINE ON CERTAIN PROPERTY Adopted. Change in Zoning was presented for second reading, and on motion of Councilman Finch, se- Stanley Tract. conded by Councilman Ramsey and carried, reading of the ordinance was waived. On motion of Councilman Finch, seconded by Councilman Greeley, Ordinance No. 646 was adopted by the following roll -call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None - ABSENT COUNCILMEN: None , Ordinance No. 644, being Ord. 644. for 2nd reading. Adopted. AN ORDINANCE AMENDING SECTION 7211 Estab. Water Rates ESTABLISHING WATER RATES • $1.00 levy was presented for second reading. The following letters of protest were read from: B. H. Douglas, C.E. and Nellie Hart, Mrs. F.S. and Mr. M.A. Cox, Elsie D. Toll, Margaret Barnes, Central Newport Beach Association. Hearing The Mayor called for comment from the floor, and Francis J. Hor- vath, secretary of a citizens' committee, presented a report stating that 6,666 cards had been sent to water users in the City proposing an increase in the City tax rate instead of the water assessment of 41.00 per month for 10 months. He stated that 1,303 cards had been returned, and that of these, 1,171 were in favor of tax increase, and 33 in favor of the water assessment, 99 being in dispute or invalid. A general discussion ensued, speakers from the floor including L.S. Hoffman, J. M. Engelke, Mrs. Hal Shaw, Mr. Wright, Joseph P. Guerin, George Sherrill, Ed Healy, Mr. Cubbage, Mrs. Stonecipher, Mrs. Peterson, L. Henry, Mr. Parkman, all being opposed to an increase in the water rate as a means of replenishing the General Fund in order that the Park, Beach and Recreation program might be instituted. Mrs. Shaw asked that the or- dinance be read, and the Clerk complied with her request. Mrs. Shaw stated ' that there was nothing in the ordinance to indicate that the rate might be reduced before the expiration of the 10 month period cited therein, as had previously been stated. The City Attorney explained that it was impossible . to draft a valid ordinance with an indeterminate time clause, but that the increase could be taken off at the pleasure of the Council. Mr. Ben Reddick spoke from the floor, pointing out that it had not been called to the atten- tion of the public generally that the proceeds from the water increase would benefit Newport and West Newport as well as Corona del Mar, • since the purchase of the Hayward Lumber Company property was already being considered for park purposes as soon as funds were available. He also pointed out that all sections of the City, including Corona ' del Mar, had contributed to the improvement of Balboa Blvd. through gas tax funds, and that the development of the Park, Beach and Rec- reation program should be considered on a city -wide rather than a sectional basis. Mr. J.M. Eng6lke of Seashore Colony stated that all other sections of the City seemed to have benefited by munici- pal improvements with the single exception of Seashore Colony and said that in his opinion the protest against the increase in water rates from that section was largely due to this neglect. Mayor Is- bell noted that those in attendance at the meeting were only a small fraction of the 18,000 residents of the City, and Mr. Wright, speak- ing from the floor, said that it was the duty of the Council to ar- bitrarily decide what was best for all concerned. On motion of Councilman Finch, seconded by Councilman Blue, Ordinance No. 644 was adopted by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Clerk read an opinion from the City Attorney stating • that amendment to the existing ordinance to prohibit slant drilling for oil from outside the City, as well as all oil drilling operations on the surface within the City, was not feasible. Mayor Isbell stated that as far as the present Council was concerned, there was no danger that the oil situation in the City would get out of hand. On motion of Councilman Finch, seconded by Councilman Greeley, the opinion, to- ' gether with letters from civic associations requesting amendment of the ordinance, were ordered filed. A letter from Mrs. N. J. Clancy, accompanied by letters from Louise Thomas and Helen C. Baker, protesting the issuance of a building permit to Mr. William Baker at 08 Ocean Blvd., Corona del Mar, for a building on the front of his 5 foot lot in an R -1 zone, was read. Issuance of the permit was protested on the grounds that one residence already exists on the lot. On motion of Councilman Finch, seconded by Councilman Greeley and carried', the letters were referred to the City Manager for investigation. 11 Or1q. 644. ®.dopted. Y4Ate- Levy w� Re 011 Drilling City Ally. Opinion. Baker, bldg. permit. P1an.Com. Report on Ocean Front Vacation Approved. P.C. Res. 471 Duignan, Sportfish Canning. Tabled. P.C. Res. 472 Re- zoning, CDM Accepted. P1an.Com.Res.473 Re zoning Tr. 1026 Tabled. The Planning Commission, reporting on a petition from cer- tain property owners on Lots 1 to 6 inclusive in Block 20, First Ad- dition to Newport Beach Tract, for vacation of portions of land lying between the property line of the lots and the Ocean Front sidewalk, recommended that from a planning standpoint, no objection was found to the proposed vacation. On motion of Councilman Greeley, seconded by Councilman Blue, the proposed vacation wan tentatively approved and the City Attorney instructed to institute proceedings., by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Planning Commission Resolution 471, being a resolution recommending that amendment to the zoning law of the City of Newport ' Beach to permit the non - commercial canning of sport fish be denied, was presented. Jack M. Duignan, who proposed a non - commercial can- ning of fish, spoke from the floor, stating that he believed a full hearing had not been given on the question. Ally. Harry Ashton, repres (3nting Mr: Duighan, also urged the favorable consideration of the proposed amendment. On motion of Councilman Finch, seconded by . Councilman Ramsey, action on the resolution was tabled until the next regular meeting of the Council on August 13th. Planning Commission Resolution 472, being a resolution that { Lots 3, 4 and 5 in Tract 323, Block H, Corona del Mar, be rezoned from C -1 to C -1 -H district, was presented, and on motion of Council- man Finch, seconded by Councilman Blue, the recommendation of the Planning Commission was accepted, and hearing set on the proposed amendment for August 13th, by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Planning Commission Resolution 473, being a resolution re- commending that the City Council amend the zoning ordinance of the City of Newport Beach to the extent that Lots 1 to 11 inclusive be changed from R -1 to R -2 in Tract 1026, on condition that Lot A abutting these lots on the lower side be dedicated as a street for the use of the property owners, and that the amendment contain a provision whereby no buildings shall be constructed above the grade ' of Ocean Blvd., was presented. After some discussion from the floor, action on the resolution was tabled until August 13th, on motion of Councilman Finch, seconded by Councilman Ramsey and carried. 11 Or1q. 644. ®.dopted. Y4Ate- Levy w� Re 011 Drilling City Ally. Opinion. Baker, bldg. permit. P1an.Com. Report on Ocean Front Vacation Approved. P.C. Res. 471 Duignan, Sportfish Canning. Tabled. P.C. Res. 472 Re- zoning, CDM Accepted. P1an.Com.Res.473 Re zoning Tr. 1026 Tabled. M The City Attorney presented Ordinance 647, being an ordinance 9rd. 6* Stanley amending the zoning laws of the City of Newport Beach to rezone the Stanley ract e Zoning Tract from R -3 to C -1 -H, and on motion of Councilman Greeley, seconded by To 2nd reading. Councilman Blue, reading of the ordinance was waived. On motion of Councilman Blue, seconded by Councilman Greeley, Or- dinance No. 647 was passed to second reading by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Resolution 474 of the Planning Commission, being a resolution de- P1an.Com.Res.474 nying :.the_.appllcation of Robert S. Butler for a variance in building site Butler var. denied requirement at 907, 909 and 911 W. Bay Ave., Newport Beach, and on motion but tabled. of Councilman Finch, seconded by Councilman Greeley, action on the resolu- Finch, seconded by Councilman Greeley, the Mayor tion was tabled. and City Clerk were authorized Planning Commission Resolution 475, being a resolution granting the application of Earl M. Clark for an overhang of 30 inches over the P.C.Res. 475, five foot alley setback at 209 Opal Ave., Balboa Island, was presented. Clark var. granted. On motion of Councilman Finch, seconded by Councilman Greeley, the Council concurred with the Planning Commission in granting the variance, by the None following roll call vote: ABSENT COUNCILMEN: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: bone stated that he had read the proposed contract ABSENT COUNCILMEN: None between the City of Newport Planning Commission Resolution 476, being a resolution denying the R.K.Harvey, Archit. application of Mercedes Libby Schwilck for a 10 foot set back on a new garage P.C. Res. 476, rather than the 20 foot required, was read, and on motion of Councilman Blue, Schwilck, denied. seconded by Councilman Greeley, the Council concurred with the Planning Com- Contract approved. mission in denying the application by the following roll call vote: Greeley, seconded by Councilman Finch, the Mayor AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell and City Clerk were authorized NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Attorney presented Ordinance 647, being an ordinance 9rd. 6* Stanley amending the zoning laws of the City of Newport Beach to rezone the Stanley ract e Zoning Tract from R -3 to C -1 -H, and on motion of Councilman Greeley, seconded by To 2nd reading. Councilman Blue, reading of the ordinance was waived. On motion of Councilman Blue, seconded by Councilman Greeley, Or- dinance No. 647 was passed to second reading by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Ramsey, seconded by Councilman Finch, the meeting was adjourned, sine die. , • • C: The City Attorney stated that he was prepared to institute escrow To buy proceedings for the purchase of Lots 6 and 15 in China Cove for $5,790.00, 2 lots in China Cove, and on motion of Councilman Finch, seconded by Councilman Greeley, the Mayor to start escrow. and City Clerk were authorized to take the necessary steps to acquire the property by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Attorney stated that he had read the proposed contract between the City of Newport Beach and Architect Raymond Kent Harvey for R.K.Harvey, Archit. preparation of plans and supervision of construction of an addition to the for Library, Newport Beach Public Library. He recommended that the contract be approved Contract approved. and on motion of Councilman Greeley, seconded by Councilman Finch, the Mayor Res. No. 3906 and City Clerk were authorized to execute the contract by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Engineer requested authority to purchase 400 cubic yards 400 yds. topsoil of topsoil and peat for the landscaping of Balboa Blvd., and on motion of for Bal. Blvd. Councilman Greeley, seconded by Councilman Ramsey, the request was granted by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Speaking from the floor, Ed Healy asked what action had been taken Re Trailer Pk. on the petition of residents of the Trailer Park for year -round instead of Year round rental. seasonal rates. He was informed that the matter was still under consideration. On motion of Councilman Ramsey, seconded by Councilman Finch, the meeting was adjourned, sine die. , • • C: