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HomeMy WebLinkAbout08/13/1951 - Regular MeetingAugust 13, 1951. 0 COMMUNICATIONS. A letter from the Balboa Improvement Association protesting ' the stop sign at 32nd St. and Newport Blvd. and urging that it be re- moved as an impediment to through traffic, was read. On motion of Councilman Finch, seconded by Councilman Ramsey and carried, the let- ter was ordered filed. The Corona del Mar Civic Association asked that the former small boat landing ramp at the end of Carnation Ave., now blocked by a chain, be re- opened to the public as a,beach, and on motion of Coun- cilman Greeley, seconded by Councilman Blue, the letter was ordered filed after the City Manager stated that a sign had already been in- stalled designating the area as a public beach. The Costa Mesa Citizens' Civic League asked that further consideration of the proposed annexation of Newport Harbor Union High School be postponed until an election could be arranged held in the nigh School District, to determine if the voters approved the proposal. On motion of Councilman Finch, seconded by Councilman Gree- ley and carried, the letter was ordered filed. H. Sprenger, Road Commissioner for Orange County, submitted a traffic plan contemplating the use of 16th Street as a traffic out- let to the Coast Highway at 17th Street in connection with the pro- posed annexation of the High School grounds, and on motion of Coun- cilman Blue, seconded by Councilman Greeley and carried, the letter was ordered filed. The City Council of the City of Newport Beach met in regular session in the council chambers of the City Hall at the hour of 7:30 P.M. The roll was called, the following councilmen answering pre - sent: Finch, Ramsey, Blue, Greeley, Isbell. ' The Mayor asked if any of the councilmen or anyone in the audience wished the minutes of the previous meeting or any part there- , of read. No one responded, and the reading of the minutes was waived. • The regular monthly demands, having been approved by the Finance Committee and signed by the Mayor and City Clerk, 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 The Mayor announced that the monthly report of receipts and n disbursements was on file in the office of the City Clerk. On motion • of Councilman Blue, seconded by Councilman Greeley and carried, the report was ordered filed. COMMUNICATIONS. A letter from the Balboa Improvement Association protesting ' the stop sign at 32nd St. and Newport Blvd. and urging that it be re- moved as an impediment to through traffic, was read. On motion of Councilman Finch, seconded by Councilman Ramsey and carried, the let- ter was ordered filed. The Corona del Mar Civic Association asked that the former small boat landing ramp at the end of Carnation Ave., now blocked by a chain, be re- opened to the public as a,beach, and on motion of Coun- cilman Greeley, seconded by Councilman Blue, the letter was ordered filed after the City Manager stated that a sign had already been in- stalled designating the area as a public beach. The Costa Mesa Citizens' Civic League asked that further consideration of the proposed annexation of Newport Harbor Union High School be postponed until an election could be arranged held in the nigh School District, to determine if the voters approved the proposal. On motion of Councilman Finch, seconded by Councilman Gree- ley and carried, the letter was ordered filed. H. Sprenger, Road Commissioner for Orange County, submitted a traffic plan contemplating the use of 16th Street as a traffic out- let to the Coast Highway at 17th Street in connection with the pro- posed annexation of the High School grounds, and on motion of Coun- cilman Blue, seconded by Councilman Greeley and carried, the letter was ordered filed. In response to an invitation from the Shoreline Planning Association of California, R. L. Patterson was appointed to represent the City at the annual convention of the Association in Santa Barbara ' September 14th and 15th. 0 Balboa Imp. Assn. re Stop Sign, 32nd St. CDM Civic Assn. re Carnation Beach Chain removal. Costa Mesa Citz. League re H.S.Annex postponement for election Springer, Traffic plan. 16th St. CM Civil Defense Plan Supervisors Assn. to coop. with League of Cal.Cities Patton - Humphrey re facilities in houses under constr. Stop Signs, Ocean Blvd. CDM R L Patterson to attend. Shoreline Plan.,bssn. The recommendation of the City Manager that the operational plan of the Office of Civil Defense, State of California, be accepted and approved as adopted by the Orange County and City Civil Defense Planning Board was presented, and on motion of Councilman Greeley, seconded by Councilman Finch and carried, the plan was approved. A communication from the County Supervisors' Association of California to the League of California Cities pledging willing- • ness to work with the cities toward a fair, equitable solution of the unincorporated fringe area problems was read, and on motion of Coun- cilman Ramsey, seconded by Councilman Greeley and carried, was filed. A letter from N.K. Patton and Mrs. Ward M. Humphrey com- plaining about unsanitary conditions in connection with 11-etzses under construction was read, and on motion of Councilman Finch,Esedonded by Councilman Ramsey and carried, was referred to the City Manager for investigation and report. n The installation of one or two stop signs between Fernleaf and Poinsettia Avenues on Ocean Blvd. and establishment of a 15 mile zone in that area was requested by H. J. Lorenz, 500 Ocean Blvd., Corona del Mar. On motion of Councilman Finch, seconded by Council- ' man Greeley and carried, the request was referred to the Traffic Committee. In response to an invitation from the Shoreline Planning Association of California, R. L. Patterson was appointed to represent the City at the annual convention of the Association in Santa Barbara ' September 14th and 15th. 0 Balboa Imp. Assn. re Stop Sign, 32nd St. CDM Civic Assn. re Carnation Beach Chain removal. Costa Mesa Citz. League re H.S.Annex postponement for election Springer, Traffic plan. 16th St. CM Civil Defense Plan Supervisors Assn. to coop. with League of Cal.Cities Patton - Humphrey re facilities in houses under constr. Stop Signs, Ocean Blvd. CDM R L Patterson to attend. Shoreline Plan.,bssn. 0 The South Coast News, stating that it proposed to issue a special edition in connection with the dedication of the new City Hall at Laguna 1/4 page ad bought Beach, requested that Newport Beach participate in the edition, and on mo- in S.Coast News for tion of Councilman Ramsey, seconded by Councilman Finch, the purchase of ' Laguna City "all a quarter -page advertisement was approved by the following roll call vote: Dedication AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The Newport Harbor Teen Canteen, Inc., proposed that its operation , be expanded to include groups from grammar school age up to and including Teen Canteen plan Orange Coast College students, the building to be used without charge, but to enlarce. each group to pay its share of the operating expenses. On motion of Coun- cilman Ramsey, seconded by Councilman Greeley and carried, the proposal was referred to the Park, Beach and Recreation Commission for study and report. Notice from the Public Utilities Commission that a hearing would be held at San Francisco on September 6th, oft the request of the Pacific Notice of hearing Telephone and Telegraph Co. for authority to increase interstate rates, was in S.F. of Pac. T&T read, and on motion of Councilman Finch, seconded by Councilman Greeley and Request for rate carried, the letter was ordered filed. increase A letter from Dan O'Hanlon calling attention of the Council to • scientific progress made in the production of fresh water from sea water D'Hanlon letter by the evaporation process, was read, and on motion of Councilman Gree- re Sea water made ley, seconded by Councilman Ramsey and carried, was referred to the City Fresh. Engineer. A petition bearing 10 signatures requesting removal of an eucal- tree 206 Agate Ave., Balboa Island, yptus at was presented, and on motion Re Eucalyptus Tree of Councilman Ramsey, seconded by Councilman Finch and carried, was referred removal on Agate Ave to the Balboa Island Improvement Association. The Pacific Electric Railway stipulated the following conditions for the granting of an easement to the City of Newport Beach for road pur- P.E. Ry. proposal poses in connection with the proposed connecting street between Newport Blvd. to grant easement and Balboa Blvd.: 1. The remainder of the property owned by Pacific Electric Ry. Co. and Pacific Electric Land Co. to be zoned for commercial purposes (C -1). 2. The City to acquire privately owned property necessary to complete the extension. ' 3. The City to assume all costs of opening and improving the connect- ing street. 4. That there be no dividing strip in the center of the new street. 5. That curb openings be permitted for driveways as needed. Councilman Finch stated that further investigation would be re- quired before the proposal could be accepted, and moved that the Pacific Electric Railway Co. be so informed. The motion was seconded by Councilman Greeley and carried. A claim for damages incurred by reason of sewer stoppage near the ' Erwood, Claim for premises of Dr. Howard Erwood, 407 1�. Balboa Blvd., was presented by Attorney sewer damages Harry Ashton, and on motion of Councilman Finch, seconded by Councilman Gree- ley, the claim was referred to the City's insurance carrier. Communications from Mr. and Mrs. R. J. Richards and Harry K. Young . approving the use of the water assessment for the purchase of China Cove lots Richards,Young, and a request from Mr. and Mrs. B. K. Douglas protesting the water levy and Douglas, letters asking for Information, were read. On motion of Councilman Blue, seconded re water levy by Councilman Greeley and carried, the City Manager was instructed to acknow- ledge the letters and endeavor to answer Mr. and Mrs. Douglas. A letter from Mark Healy, stating that owing to circumstances beyond , M.Healy resigns his control he found it necessary to resign from the Library Board, was read. from Library Bd. On motion of Councilman Blue, seconded by Councilman Greeley, the resignation B. Creely to succeed. was accepted. Mayor Isbell nominated Bunster Creely to complete Mr. Healy's unexpired term, and on motion of Councilman Greeley, seconded by Councilman Blue, Mr. Creely's appointment was confirmed by unanimous vote. Mayor Isbell also stated that the term of Mrs. Ida Deakins as a Ida Deakins re -app. member of the Library Board expires in September, and nominated her for re- ' to Lib. Bd. appointment. . On motion of Councilman Greeley, seconded by Councilman Ramsey, the re- appointment was confirmed by unanimous vote. The City Manager pointed out that the term of Mrs. Edgar Hill had Mrs. E. Hill Re -app. expired, as a member of the Library Board, and Mayor Isbell nominated her Lib. Bd. for re- appointment. On motion of Councilman Blue, seconded by Councilman Greeley and carried, the re- appointment was confirmed. ' 0 The application of Mamie Hunt for a license to operate a cafe at 7204 Coast Highway, subject to Health Dept. approval, was granted M.Hunt, Lie. appl. on motion of Councilman Greeley, seconded by Councilman Blue and carried. The application of Marian Hanawalt for an exempt license to operate a food stand for the juniors of the Seventh Day Adventist Church, Hanawalt, exempt Lie. at Poppy and Ocean Blvd. on Saturday August 18th, was denied on motion of denied. Councilman Finch, seconded by Councilman Blue and carried. The application of Nicky Murphey for a license to sell sun glasses from a portable stand on Coast Highway in the Banning Tract Murphy, lie. denied. was denied on motion of Councilman Blue, seconded by Councilman Gree- ley and carried. v The application of W. N. Thacker to operate the Greyhound Snack Bar, 532 Coast Highway, subject to approval of the health officer, Thacker, Lie. Appl. was granted on motion of Councilman Blue, seconded by Councilman Greeley and carried. The application of 1. 0. Standing of Beaumont for an exempt license to sell fruits from his ranch during the season was denied on Standinc- Exempt Lie motion of Councilman Finch, seconded by Councilman Blue and carried. denied. UNFINISHED BUSINESS. Ordinance No. 647, being an ordinance changing the zoning of the Stanley Tract from R -3 to C -1 -H, was presented for second Ord.647, for 2nd read reading. On motion of Councilman Greeley, seconded by Councilman Blue and carried, reading of the ordinance was waived. On motion of Councilman Greeley, seconded by Councilman Blue, Ordinance No. 647, being ' AN ORDINANCE CHANGING THE ZONING OF Ord. 647, adopted. CERTAIN PROPERTY Zoning Change. was adopted by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None MINUTES ON HEARING OF RESOLUTION OF INTENTION NO. 4000 IN THE MATTER OF A STREET LIGHTING SYSTEM IN TRACT NO. 1011. The City Clerk announced that this was the time and place Hearing, Res. of Int. fixed for the hearing of protests or objections against the work or Lights. Balboa Coves i the district, as described in Resolution of Intention No. 4000, in ghts the matter of construction and installation of a street lighting system for Tract No. 1011, as per Resolution of Intention No. 4000. The City Clerk also reported that affidavits, in support of the publication of the Resolution of Intention, the mailing of printed notices of the adoption of said Resolution, and of the post- ing of.the Notice of Improvement, as required by law, had been made and are on file in the office of the City Clerk. The Mayor announced that the first order of the hearing ' would be the reading of a portion of the written report heretofore presented by the City Engineer on the 14th day of May, 1951, pre- pared pursuant to the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931 ", and as defined under the provi- sions of Section 2885 of said Act. Whereupon the Clerk read said written report so designated by the Mayor. The Mayor then inquired of the Clerk if any written pro- tests or objections against the work or the district had been filed with him in said matter. The Clerk reported that two written protests had been filed with him prior to the time set for the hearing by the following: M. J. Bane Mrs. Card. Schmuck. The Mayor then announced that this was the time and place set for the hearing of protests or objections against the work or the assessment district, each as set forth in the Resolution of Intention hereinbefore mentioned, and asked,if anyone present desired to be heard In said matter. No one responding, all protests were referred to the Engineer for checking and report as to the percentage of the area represented thereby. The Engineer reported that the protests represented approxi- mately 1.84% of the total area of the assessment district. ' All protestants having been heard, and an opportunity hav- ing been given to all persons desiring to be heard, and a full, fair and impartial hearing having been granted, and the City Council having be- fore them a diagram of the assessment district and being familiar with • the assessment district, and also having considered the matter as to the area of property represented by said protestants, Councilman Finch Councilman Greeley then offered and moved the adoption of Resolu- tion No. 4002, which resolution determines the general prevailing rate of wage Res. 4002, 91age for construction and installation of a street lighting system for Tract No. Scale. 1011 in the City of Newport Beach, which motion was seconded by Councilman Blug, and upon roll call, was adopted by the following vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None presented the following resolution and moved its adoption: presented Plan No. 434, consisting of 11 sheets, together with specifications • CDM Alleys WHEREAS, certain protests having been filed by M. J. Bane and Plan 434. lying north east of Coast Blvd. between Dahlia and Poppy Avenues, Corona Mrs. Carl Schmuck, protesting against the doing of the work and improvement del Mar, substantially in accordance with the Investigation Report by the Hearing, cont. described in Resolution of Intention No, 4000 or against the assessment a Resolution of the City Council April 23rd, 1951. Whereupon, Councilman district; and , WHEREAS, the City Council having carefully considered all protests Councilman Blue then moved the adoption of Resolution No. 3911, or objections and having considered the area of the district represented by being a Resolution of Intention for the construction of certain public said protests; Res. 3911, seconded by Councilman Greeley and adopted by the following roll call vote: NOW, THEREFORE, BE IT RESOLVED by this City Council that it does hereby find and determine that the said protests or objections have been made , NOES, COUNCILMEN: None by the owners of less than one -half of the area of the property to be assessed ABSENT COUNCILMEN: None for said work and improvement, as set forth in said Resolution of Intention No. 4000; and BE IT FURTHER RESOLVED, that each and all of the said protests or objections be, and the same are hereby, overruled and denied. The motion was seconded by Councilman Greeley, and the Resolution No. 4000 was adopted by the following roll call vote: ' AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley Isbell. NOES, COUNCILME14: None ABSENT COUNCILMEN: None • Councilman Greeley then offered and moved the adoption of Resolu- tion Ordering Work No. 4001, in the matter of construction and installation > of a street lighting system for Tract No. 1011 in the City of Newport Beach, Ordering work which motion was seconded by Councilman Ramsey, and upon roll call, was adopt- ed by the following vote: ' AYES, COUNCILMEN: Finch, Greeley, Blue, Ramsey, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Councilman Greeley then offered and moved the adoption of Resolu- tion No. 4002, which resolution determines the general prevailing rate of wage Res. 4002, 91age for construction and installation of a street lighting system for Tract No. Scale. 1011 in the City of Newport Beach, which motion was seconded by Councilman Blug, and upon roll call, was adopted by the following vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None NEW BUSINESS. Resolution No, 3907, being a Resolution of the Chamber of Com- merce of the City of Newport Beach approving Amendment No. 1 to the Agree - Res. 3907, State ment for Maintenance of the State Highway in the City of Newport Beach, was Hwy Maint. presented, and on motion of Councilman Greeley, seconded by Councilman Finch, Resolution No. 3907 was adopted by the following roll call vote: Res. 3905, Deed of Easement, Balboa Coves AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Resolution No. 3905, being a resolution accepting a grant deed of easement from Balboa Coves, Inc., to the City of Newport Beach, said deed being -dated July 27th, 1951, and covering the following described right of way or easement, Lots "A ", "B" and "C" as said, lots are shown upon a map of Tract 1011, recorded in Book 36, pages 37 to 40 inclusive of Miscellaneous Maps, records of Orange County, California, said lots being located in the City of Newport Beach, County of Orange, State of California, was presented, and on motion of Councilman Greeley, eaid motion being 0 0 Pursuant to instructions of the City Council, the City Engineer presented Plan No. 434, consisting of 11 sheets, together with specifications for the grading, paving with plant mix material, installation of sewer and CDM Alleys water house service connections and drainage structures in certain alleys Plan 434. lying north east of Coast Blvd. between Dahlia and Poppy Avenues, Corona del Mar, substantially in accordance with the Investigation Report by the City Engineer filed with the City Council February 26, 1951, modified by a Resolution of the City Council April 23rd, 1951. Whereupon, Councilman Blue moved that said plans and specifications be approved, which motion was seconded by Councilman Greeley and carried. Councilman Blue then moved the adoption of Resolution No. 3911, being a Resolution of Intention for the construction of certain public improvements as per plan No. 434, consisting of 11 sheets, which motion was Res. 3911, seconded by Councilman Greeley and adopted by the following roll call vote: CDM Alleys AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None NEW BUSINESS. Resolution No, 3907, being a Resolution of the Chamber of Com- merce of the City of Newport Beach approving Amendment No. 1 to the Agree - Res. 3907, State ment for Maintenance of the State Highway in the City of Newport Beach, was Hwy Maint. presented, and on motion of Councilman Greeley, seconded by Councilman Finch, Resolution No. 3907 was adopted by the following roll call vote: Res. 3905, Deed of Easement, Balboa Coves AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Resolution No. 3905, being a resolution accepting a grant deed of easement from Balboa Coves, Inc., to the City of Newport Beach, said deed being -dated July 27th, 1951, and covering the following described right of way or easement, Lots "A ", "B" and "C" as said, lots are shown upon a map of Tract 1011, recorded in Book 36, pages 37 to 40 inclusive of Miscellaneous Maps, records of Orange County, California, said lots being located in the City of Newport Beach, County of Orange, State of California, was presented, and on motion of Councilman Greeley, eaid motion being 0 0 H 0 A RESOLUTION FIXING POLLING PLACES, APPOINTING ELECTION OFFICIALS AND ESTABLISHING RULES FUR CITY EMPLOYEES' ELECTION ON THE QUESTION OF AMENDMENT OF THE CITY'S CONTRACT WITH THE STATE OF CALIFORNIA UNDER THE CALIFORNIA STATE EMPLOY- EES RETIREMENT ACT, being a Resolution setting the date of August 22nd, 1951 as the date, and the City Hall and the Corporation Yard Stockroom as the polling places'for said election, was presented, and on motion of Councilman Blue, seconded by Councilman Greeley, Resolution No. 3912 was adopt- ed by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The recommendation of the Planning Commission that the proposed amendment to the Zoning Law of the City, excepting from its prohibitions the non - commercial canning of sportfish, be refused, was taken from the table. Mr. Jack Duignan spoke from the floor, urging that the amendment be adopted as a service to sport fishermen in the area, and 205 post cards urging the adoption were presented. Five letters endorsing the proposal were also read. Several residents of Lido Isle spoke from the floor, stating that the odors of the pro- posed cannery would be objectionable, and Ralph Maskey, stating that he was a property owner in the vicinity of the proposed establish- ment, said that in his opinion property values would be substantial- ly reduced by operation of the cannery. Councilman Finch briefly reviewed the history of the proposal, and moved that the proposed amendment be denied in concurrence with the recommendation of the Planning Commission. The motion was seconded by Councilman Ramsey and carried by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Res. 3909. Vacation, Ocean Ft. Res. Int. 3910. Same Res. 3912. Fixing Polling Places etc. Emp. Retirement amendment. Canning of Sportfish, by J.Duignan, denied. The City Clerk announced that this was the time and place set for a hearing on Resolution 472 of the Planning Commission, being a resolution proposing the amendment of Section 9102 of the Municipal P1an.Com.Res.472,Re- zoning Code to re -zone Lots 3, 4 and 5, Block H, Tract 323, from C -1 to C -1 -H. The Mayor declared the hearing open and called for comments. No one responding, the Mayor declared the hearing closed. On motion of Coun- cilman Blue, seconded by Councilman Greeley, the City Attorney was in- structed to draft the proposed amendment by the following- roll call vote: ' AYES, COUNCILMEN: Finch, Blue, Ramsey, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The Mayor declared that this was the time and place set • for the continued hearing on the proposal to re -zone Lots 1 to 11 inclusive, Tract 1026, Corona del Mar, from their present zone of R -1 to R -2. At- torney George Penney, speaking from the floor, objected to the recom- Hearing- re- zoning, mendation of the Planning Commission that deed restrictions restricting Tr. 1026 seconded by Councilman Blue, Resolution No. 3908 was adopted by the . following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ' ABSENT COUNCILMEN: None Resolution No. 3909, being A RESOLUTION APPROVING MAP SHOWING A PORTION OF A STREET DESIGNATED AS THE OCEAN FRONT BETWEEN TWENTIETH STREET AND MC FADDEN PLACE IN THE CITY OF NEWPORT BEACH WHICH IS PROPOSED TO BE VACATED, CLOSED UP AND ABANDONED, was presented, and on motion of Councilman Greeley, seconded by Councilman Finch, Resolution No. 3909 was adopted by the follow - ing roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None. ABSENT COUNCILMEN: None Resolution No. 3910, being a Resolution of Intention of the City Council of the City of Newport Beach, declaring its • intention to order the closing up, vacation and abandonment of a street designated the Ocean Front between Twentieth as St. and Me Fadden Place, City of Newport Beach, County of Orange, State of California, was presented, and on motion of Councilman Blue, seconded by Councilman Greeley, Resolution No. 3910 was adopted by the following roll call vote: ' AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Resolution No. 3912, being H 0 A RESOLUTION FIXING POLLING PLACES, APPOINTING ELECTION OFFICIALS AND ESTABLISHING RULES FUR CITY EMPLOYEES' ELECTION ON THE QUESTION OF AMENDMENT OF THE CITY'S CONTRACT WITH THE STATE OF CALIFORNIA UNDER THE CALIFORNIA STATE EMPLOY- EES RETIREMENT ACT, being a Resolution setting the date of August 22nd, 1951 as the date, and the City Hall and the Corporation Yard Stockroom as the polling places'for said election, was presented, and on motion of Councilman Blue, seconded by Councilman Greeley, Resolution No. 3912 was adopt- ed by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The recommendation of the Planning Commission that the proposed amendment to the Zoning Law of the City, excepting from its prohibitions the non - commercial canning of sportfish, be refused, was taken from the table. Mr. Jack Duignan spoke from the floor, urging that the amendment be adopted as a service to sport fishermen in the area, and 205 post cards urging the adoption were presented. Five letters endorsing the proposal were also read. Several residents of Lido Isle spoke from the floor, stating that the odors of the pro- posed cannery would be objectionable, and Ralph Maskey, stating that he was a property owner in the vicinity of the proposed establish- ment, said that in his opinion property values would be substantial- ly reduced by operation of the cannery. Councilman Finch briefly reviewed the history of the proposal, and moved that the proposed amendment be denied in concurrence with the recommendation of the Planning Commission. The motion was seconded by Councilman Ramsey and carried by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Res. 3909. Vacation, Ocean Ft. Res. Int. 3910. Same Res. 3912. Fixing Polling Places etc. Emp. Retirement amendment. Canning of Sportfish, by J.Duignan, denied. The City Clerk announced that this was the time and place set for a hearing on Resolution 472 of the Planning Commission, being a resolution proposing the amendment of Section 9102 of the Municipal P1an.Com.Res.472,Re- zoning Code to re -zone Lots 3, 4 and 5, Block H, Tract 323, from C -1 to C -1 -H. The Mayor declared the hearing open and called for comments. No one responding, the Mayor declared the hearing closed. On motion of Coun- cilman Blue, seconded by Councilman Greeley, the City Attorney was in- structed to draft the proposed amendment by the following- roll call vote: ' AYES, COUNCILMEN: Finch, Blue, Ramsey, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The Mayor declared that this was the time and place set • for the continued hearing on the proposal to re -zone Lots 1 to 11 inclusive, Tract 1026, Corona del Mar, from their present zone of R -1 to R -2. At- torney George Penney, speaking from the floor, objected to the recom- Hearing- re- zoning, mendation of the Planning Commission that deed restrictions restricting Tr. 1026 :s M access to the lots, to the lower road. Mr. Penney stated, after some dis- cussion, that he would be willing to agree to restrictions providing that property owners on the other side of Ocean Blvd. would agree to restrictions maintaining their property as R -1 and releasing his restrictions when and if their property should be re- zoned. A telegram from Mr. J. N. Bentley stating that he was opposed to the proposed re- zoning and prepared to build on the bluff in that section of Ocean Blvd., was read. Also speaking from the floor were Col. A. W. Smith, in favor of the change, Mrs. Lillian Lewis, opposed, Mr. Tracy and Mr. Fraser. After lengthy discussion, Mr. Penney stated that in view of Mr. Bentley's announced decision to build, he might consider withdrawing the petition for zoning change. On motion of Council- man Finch, seconded by Councilman Greeley and carried, the hearing was con- tinued to August 27th. The recommendation of the Park, Beach and Recreation Commission that the application of the Balboa Improvement Association for the bus P.B. & turn-around at the Balboa Pier be denied, was presented, and on motion of Rec.Com. Councilman Ramsey, seconded by Councilman Greeley and carried, the Council Bus turn- around concurred with the Commission in denying the recommendation. The City Attorney presented Ordinance No. 648,b eing an ordin- ance increasing the charge for water service connections to $10.00, and Ord. 648,increas- also the charge for turn -on when the water had been shut off more than ing water connect. 15 days would be increased to $T O-.00. On motion of Councilman Blue, se- chg. conded by Councilman Greeley, reading of the ordinance was waived. On motion of Councilman Blue, seconded by Councilman Greeley, Ordinance No. 648 was passed to second reading by the following roll call Ord. 645, to 2nd vote: read. AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Attorney stated that whereas the Municipal Code pro- vided for the office of Traffic Engineer, no such appointment had been made. The City Manager suggested that the City Engineer be appointed Traffic En- J.B.Webb appt. gineer, and on motion of Councilman Greeley, seconded by Councilman Ramsey as Traffic Engr. and carried, City Engineer J. B. Webb was so appointed. PIER APPLICATIONS. Campbell, Pier appl. White, Float appl The application of R. E. Campbell to construct a pier and float on land adjacent to and south of Tract 1102, having been approved by the Harbor Commission, was granted on motion of Councilman Greeley, seconded by Councilman Blue and carried. The application of Clarence White for a permit to build a float at Lots 59 and 60, Lido Isle, having been approved by the Harbor Commission, was granted on motion of Councilman Greeley, seconded by Councilman Blue and carried. • • E 1 • The application of Robert S. Butler for a variance in the acre- age at 907, 909 and 911 West Bay Ave., to permit its subdivision into lots of less than 4,000 square feet minimum and less than 40 feet in width, hav- Plan.Com.Res.474 ing been denied by the Planning Commission and tabled at the previous meet - Butler. ing of the Council, was taken from the table. Mr. Grensted, representing Mr. Butler, stated that an undue hardship was imposed upon the applicant, and urged that the variance be granted. On motion of Councilman Blue, se- conded by Councilman Greeley, recommendation of the Planning Commission was overruled and the variance granted by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Planning Commission Resolution No. 477, being a resolution granting a front yard variance to Lillian NIc Adoo at 1009 Wect Bay Ave., with the stipulation that a stairway be constructed 30 inches away from . Plan.Com.Res.477 the corner in an easterly direction, and that the stairway have an open Me Adoo rail, was presented, and on motion of Councilman Blue, seconded by Coun- cilman Finch, the Council con oarred with the Planning Commmssion in ap- proving the variance. A recommendation of the Park, Beach and Recreation Commission that the ordinances of the City be amended to prohibit dogs on the public Re Dogs on beaches, with or without leashes, for sanitary and health reasons, was Beaches read, and was referred to the City Manager for investigation and report, by Mayor Isbell. The recommendation of the Park, Beach and Recreation Commis- sion that the vacant strip between planting bells on Balboa Blvd. be left open until its use as a planting area could be considered, and that water Balboa Blvd. facilities be installed for irrigating the planting bells, was read and on Strips between and motion of Councilman Finch, seconded by Councilman Greeley and carried, Planting Bells the proposal to leave the vacant strip open was rejected, and the City Manager was instructed to make arrangements for watering the planting bells. The recommendation of the Park, Beach and Recreation Commission that the application of the Balboa Improvement Association for the bus P.B. & turn-around at the Balboa Pier be denied, was presented, and on motion of Rec.Com. Councilman Ramsey, seconded by Councilman Greeley and carried, the Council Bus turn- around concurred with the Commission in denying the recommendation. The City Attorney presented Ordinance No. 648,b eing an ordin- ance increasing the charge for water service connections to $10.00, and Ord. 648,increas- also the charge for turn -on when the water had been shut off more than ing water connect. 15 days would be increased to $T O-.00. On motion of Councilman Blue, se- chg. conded by Councilman Greeley, reading of the ordinance was waived. On motion of Councilman Blue, seconded by Councilman Greeley, Ordinance No. 648 was passed to second reading by the following roll call Ord. 645, to 2nd vote: read. AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Attorney stated that whereas the Municipal Code pro- vided for the office of Traffic Engineer, no such appointment had been made. The City Manager suggested that the City Engineer be appointed Traffic En- J.B.Webb appt. gineer, and on motion of Councilman Greeley, seconded by Councilman Ramsey as Traffic Engr. and carried, City Engineer J. B. Webb was so appointed. PIER APPLICATIONS. Campbell, Pier appl. White, Float appl The application of R. E. Campbell to construct a pier and float on land adjacent to and south of Tract 1102, having been approved by the Harbor Commission, was granted on motion of Councilman Greeley, seconded by Councilman Blue and carried. The application of Clarence White for a permit to build a float at Lots 59 and 60, Lido Isle, having been approved by the Harbor Commission, was granted on motion of Councilman Greeley, seconded by Councilman Blue and carried. • • E 1 • • The application of S. Enright for a permit to construct a float Lot 61, Tract pier and at 907, having been approved by the Har- Enright, Pier appl. bor Commission, was granted on motion of Councilman Greeley, seconded by Councilman Blue and carried. ' The application of C. S. Brokaw to construct 'a pier and C.S.Brokaw, Pier float, ht-Lot 11;Block 5, Tract 626, having been approved by the Har- appl. bor Commission, was granted on motion of Councilman Blue, seconded by Councilman Greeley and carried. The application of A. P. Williams to construct a pier and float at Lot 8, Tract 502, having been approved by the Harbor Williams, Pier appl. Commission, was granted on motion of Councilman Finch, seconded by Councilman Ramsey and carried. The application of Edward Backs for permission to construct a pier and float at Lot 7 and a portion of Lots 8, 9 and 10, Eastside E.Backs, Pier appl. Addition to Balboa Tract, having been approved by the Harbor Commis- sion, was granted, subject to War Department approval on motion of Councilman Greeley,'seconded by Councilman Blue and carried. The application of Ernest A. Bryant to construct a pier and float at Lots 13 and 14, Block P, Tract 518, having been approved Bryant, Pier appl. by the Harbor Commission, was granted on motion of Councilman Blue, seconded by Councilman Greeley and carried. • The application of Mrs. Paul 0. Davis to construct a sea wall at Lot 4 and a portion of Lot 5, Block C -33, Corona del Mar, Davis, Sea wall.ap having been approved by the Harbor Commission, was granted on motion ;ol. of Councilman Finch, seconded by Councilman Ramsey and carried. ' The application of Dr. H. B. Breckwedel to construct a sea wall at Lots 879 and 880, Tract 907, having been by the approved Brekwedel, Sea wall appi Harbor Commission, was granted on motion of Councilman Finch, seconded by Councilman Blue and carried. The application of Henry Erbe for permission to construct a sea wall, pier and float at Lot 5, Block 242, Canal Section, having Erbe, Sea Wall,Pier appl been approved by the Harbor Commission, was granted on motion of Coun- cilman Blue, seconded by Councilman Greeley and carried. The application of C. F. Hahn to construct a sea wall at Lot 914 and half of 915, Tract 907, having been approved by the Harbor Commission, was granted on motion of Councilman Finch, seconded by Hahn, Sea wall appl. Councilman Ramsey and carried. . ' The City Engineer stated that he had been notified by Nelson Launer of the Orange County Sanitation District that the allotted cap- acity of the City of Newport Beach in the Joint Outfall Sewer was 39,000,000 Overabundance of gallons per month, whereas the July record showed some 84,000,000 discharged Sewage. Into the Outfall. Under these circumstances, the City Engineer pointed out the existence of a critical situation and stated that steps to curtail the flow from the City of Newport Beach were drastically needed. Council- man Finch suggested that a proclamation urging curtailment of the use of water in the homes during the remainder of the summer season and pertinent publicity by the local newspapers might be helpful. The Mayor then requested the local press to give as much publicity as possible ' to the critical nature of the existing situation. LIVE BAIT RECEIVERS The application of Seasport Landing for a bait receiver, and to operate and maintain a fishing dock at 811 Coast Highway, Newport Beach, Seasport Landing having been approved by the City Engineer, was granted on motion of Bait Rec. Councilman Greeley, seconded by Councilman Blue and carried. The application of Norman Hagen for permission to install ten bait receivers on the loading dock in front of Norm's Landing, N.Hagen, Bait having been approved by the City Engineer, was granted on motion of Rec. Councilman Greeley, seconded by Councilman Finch and carried. The application of J. P. Barrett to operate and maintain Barrett Bait live bait receivers at 1135 Coast highway, Newport Beach, having been approved by the City Engineer, was granted on motion of Councilman rec. Blue, seconded by Councilman Greeley and carried. The application of Odette and Nelson to operate and maintain Odette 8 Nelson live bait receivers at 1215 Coast Highway, Newport Beach, having been approved by the City Engineer, was granted on motion of Councilman Bait Rec. Finch, seconded by Councilman Greeley and carried. The application of Roy Gronsky to operate and maintain live Gronsky, Bait Rec. bait receivers opposite Lots 1 and 2 and Street end, Block 9, Bay Front Tract, Balboa, having been approved by the City Engineer, was granted ' on motion of Councilman Blue, seconded by Councilman Finch and carried. The application of Samuel Hill to maintain and operate live S,Hill Bait Rec. bait receivers at Lot 9, Block 5, Tract 626, having been approved by ' the City Engineer, was granted on motion of Councilman Blue, seconded Councilman • by Greeley and carried. 12 The application of H. J. Hassett to maintain and operate the bait receiver boat "Iwo Jima ", in the Pacific Ocean off of Main Beach, Iwo Jima Bait Fee. Corona del Mar, having been approved by the City Engineer, was granted on motion of Councilman Greeley, seconded by Councilman Blue and carried. The City Manager reported that he had investigated the matter of application for an exempt veteran's license by R. H. Dress and found no evidence of disability, through the Veterans' Administration. On Dress, Exempt Lie. motion of Councilman Finch, seconded by Councilman Greeley and carried, denied the application was denied. The City Manager recommended that annual rates be established at the Municipal Trailer Park, the base for the annual rate being the pre - Annual Rates, sent winter rate. Mr. Ed Healy, speaking from the floor, said that the Trailer Park, adoption of an annual rate constituted a violation of the Council's com- Established. mitment not to lease the trailer park. The City Manager explained that the annual rate could not be construed as a lease in the understanding of the commitment. Councilman Finch moved that the annual rate be estab- lished, and the summer rates as cited by the City Manager be adopted. The motion was seconded by Councilman Blue and carried. Councilman Finch requested permission to leave the state, and Finch to leave the request was granted on motion of Councilman Blue, seconded by Council - the State man Greeley and carried. On motion of Councilman Ramsey, seconded by Councilman Blue, the meeting adjourned, sine die. ity U� er Mayw _4jz� n • • n