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HomeMy WebLinkAbout04/28/1952 - Regular Meetingam April 28th, 1952• • 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 members answering present: Miller, Horvath, Finch, Isbell, Smith. The Mayor asked if any of the councilmen or anyone in the au- dience wished the minutes of the previous meeting or any part thereof read. No one responded, and the Mayor declared the minutes approved as written. Certain demands, having been signed by the Finance Committee and approved by the Mayor and City Clerk were presented, and on motion of Coun- cilman Finch, seconded by Councilman Miller, were ordered paid by the fol- lowing roll call vote: The City Manager stated that it was necessary for the Council to establish the amount of bond to be carried on both the City Treasurer and the City Finance officer. The City Attorney recommended that the bonds be Bond for Treas. & secured in the amount of $200,000 apiece. On motion of Councilman Finch, Finance Officer seconded by Councilman Miller, bonding of the two officers in that amount was ordered by the following roll call vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Pursuant to instructions heretofore given by the City Council, the City Engineer presented plans and profiles No. 436 consisting of five sheets, together with specifications for the construction of sanitary sewers and Plans & Profiles #436 sewage pumping station in connection therewith to serve the area Southwester - San.Sewers, B1uff,CDM ly of Ocean Blvd., Corona del Mar, also a detailed estimate for such improve- ments and the work to be performed by the City. Whereupon Councilman Isbell moved that said plans, profiles and specifications be approved, which motion , was seconded by Councilman Finch and carried by the affirmative vote of all councilmen present. The City Engineer also presented a plat or map, No. 436 -A, being a map of the assessment district showing the property to pay a portion of Plat. 436 -A. Map of the costs and expenses of said improvements as shown on plans and profiles • Assmt. District. No. 436, consisting of five sheets. Whereupon Councilman Horvath moved that said Map 436 -A be approved and filed in the office of the City Engineer and City Glerk, which motion was seconded by Councilman Isbell and carried by the affirmative vote of all councilmen present. The City Clerk presented a communication from the Counth Health Officer, who also acts as City Health Officer, dated April 10, 1952, re- lative to the necessity for the construction of sanitary sewers and appur- County Health Officer tenant work in connection therewith to serve the area southwesterly of Ocean letter re Sewers CDM Blvd,, Corona del Mar, as shown on plans and profiles No. 436, consisting of five sheets, approved by the City Council as of this date. On motion of Councilman Isbell, seconded by Councilman Horvath and carried, the Clerk was instructed to spread in full the said communication upon the minutes of this meeting: April 10,1952- a To the Honorable City Council, Newport Beach, Calif. Gentlemen: ' As Health Officer of the City of Newport Beach and of the County of Orange, I hereby recommend that proceedings be instituted at once for the construction of sanitary sewers in that portion of Newport Beach bounded on the northeast by Ocean Blvd., on the south- AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None , ABSENT COUNCILMEN: None COMMUNICATIONS. The Hoag Memorial Hospital, Presbyterian, reported that the low • pressure line through the hospital property will not furnish either adequate Hoag Hosp.Request supply or adequate fire protection and asked that the City take steps to for more water pres- install a high pressure line. On motion of Councilman Finch, seconded by sure. Councilman Horvath and carried, a committee comprising the City Engineer, City Manager and Councilman Finch was appointed to confer with hospital authorities and report on the feasibility of extending a high pressure line. , The resignation of Dr. John N. Osburn as health and sanitation officer and medical chief of Civilian Defense was presented and acceAted Dr.Osburn resigns. with regret, on motion of Councilman Miller, seconded by Councilman Isbell and carried. Mayor Smith appointed General Michael Healy to the office vacated by Dr. Osburn and the appointment was confirmed on motion of Councilman Miller, seconded by Councilman Isbell and carried. The City Manager stated that it was necessary for the Council to establish the amount of bond to be carried on both the City Treasurer and the City Finance officer. The City Attorney recommended that the bonds be Bond for Treas. & secured in the amount of $200,000 apiece. On motion of Councilman Finch, Finance Officer seconded by Councilman Miller, bonding of the two officers in that amount was ordered by the following roll call vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Pursuant to instructions heretofore given by the City Council, the City Engineer presented plans and profiles No. 436 consisting of five sheets, together with specifications for the construction of sanitary sewers and Plans & Profiles #436 sewage pumping station in connection therewith to serve the area Southwester - San.Sewers, B1uff,CDM ly of Ocean Blvd., Corona del Mar, also a detailed estimate for such improve- ments and the work to be performed by the City. Whereupon Councilman Isbell moved that said plans, profiles and specifications be approved, which motion , was seconded by Councilman Finch and carried by the affirmative vote of all councilmen present. The City Engineer also presented a plat or map, No. 436 -A, being a map of the assessment district showing the property to pay a portion of Plat. 436 -A. Map of the costs and expenses of said improvements as shown on plans and profiles • Assmt. District. No. 436, consisting of five sheets. Whereupon Councilman Horvath moved that said Map 436 -A be approved and filed in the office of the City Engineer and City Glerk, which motion was seconded by Councilman Isbell and carried by the affirmative vote of all councilmen present. The City Clerk presented a communication from the Counth Health Officer, who also acts as City Health Officer, dated April 10, 1952, re- lative to the necessity for the construction of sanitary sewers and appur- County Health Officer tenant work in connection therewith to serve the area southwesterly of Ocean letter re Sewers CDM Blvd,, Corona del Mar, as shown on plans and profiles No. 436, consisting of five sheets, approved by the City Council as of this date. On motion of Councilman Isbell, seconded by Councilman Horvath and carried, the Clerk was instructed to spread in full the said communication upon the minutes of this meeting: April 10,1952- a To the Honorable City Council, Newport Beach, Calif. Gentlemen: ' As Health Officer of the City of Newport Beach and of the County of Orange, I hereby recommend that proceedings be instituted at once for the construction of sanitary sewers in that portion of Newport Beach bounded on the northeast by Ocean Blvd., on the south- east by Poppy Ave., on the southwest by the Pacific Ocean and on the Northwest by Goldenrod Ave., as outlined in plans on ' file in the office of the City Engineer. This recommendation is made as a measure necessary for the protection of public health and is also made pursuant to Section 2508 of the Streets & Highways Code of the State of California. The area bounded by the above description is entirely bluff and beach area. At the present time the area is only sparsely inhabited, but the present trend is for increased construction activity. The bluff lots are relatively small In size and steep in grade. This, combined with the fact that the soil conditions are not ideal for individual sew- age disposal systems, warrants the above recommendation. This will also furnish sanitary sewers for the public rest rooms and concessions now located on the Corona del Mar Beach. Yours very truly, EDW. LEE RUSSELL, M.D. Health Officer County of Orange and City of Newport Beach. Councilman Isbell then offered and moved the adoption of Resolution No. 3965, entitled: ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 2808 OF THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931" DIVISION IV OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, which motion was seconded by Councilman Finch, and upon roll call, adopted by the following vote AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Councilman Isbell then offered and moved the adoption of Resolution No. 3966, being a resolution for the construction of sani- tary sewers and appurtenant work to serve the area lying southwesterly of Ocean Blvd., Corona del Mar, as per plans and profiles No. 436, consisting of five sheets, which motion was seconded by Councilman Finch and adopted by the following roll call vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The Police Department was highly commended by David R. Mc Millen, Probation Officer of Orange County, for the Department's work during Easter Week. Mr. Mc Millan pointed out that less than one -third the number of young people were taken into custody this year as compared with last year. On motion of Councilman Isbell, seconded by Councilman Miller and carried, the letter was ordered filed. County Health officer Letter re CDM sewer Res. 3965. Adopted. Re CDM Bluff Sewers Res. 3966. Construction of San.Sewers, Bluff CDM Police Dept. commended for Easter week work A complaint from Mrs. D. Kloeckner of Corona del Mar about ' loose rock in Acacia and Begonia Avenues, was ordered filed on motion of Councilman Horvath, seconded by Councilman Miller and carried. The Shoreline Planning Association of California, Inc., pointing out the necessity of supporting beach recreation in a year of Shoreline P1an.Assn. • tension and asking payment by the City of membership fees in the amount A letter from Harry E. Williams, Balboa Island, protest- ing trash and garbage conditions during Easter Week was read, and on motion of Councilman Horvath, seconded by Councilman Miller and ' carried, the letter was ordered filed. A letter from W. W. Andrews of Corona del Mar requesting information as to ordinance controlling dogs on public beach, was read. The City Attorney stated that such an ordinance was under consideration, and on motion of Councilman Horvath, seconded by Dogs on public beach Councilman Finch and carried, the letter was referred to the City Attorney. The request of William M. Bickley for the removal of two poplar trees at 119 Garnet Ave., Balboa Island, which had previously been referred to the City Manager, was brought before the Council, and on motion of Councilman Miller, seconded by Councilman Finch and carried, removal of the trees at the owner's expense was authorized. A complaint from Mrs. D. Kloeckner of Corona del Mar about ' loose rock in Acacia and Begonia Avenues, was ordered filed on motion of Councilman Horvath, seconded by Councilman Miller and carried. The Shoreline Planning Association of California, Inc., pointing out the necessity of supporting beach recreation in a year of Shoreline P1an.Assn. • tension and asking payment by the City of membership fees in the amount of 425.00 to the Association was read, and on motion of Councilman Horvath, seconded by Councilman Miller, support of the Association was authorized by the following roll call vote: AYES, COUNCILMEN) Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The Mayor stated that it would be necessary to appoint members and alternates for Sanitation Boards #5 and #6. He appointed Councilman Horvath, Finch, spot. Horvath as his alternate on both Boards, and Councilman Finch was appoint - to San. Bds. 5 & 6 ed to serve on the Board of Sanitation District No. 5. The appointments were confirmed on motion of Councilman Horvath, seconded by Councilman Mil- ler and carried. REGULAR ORDER OF BUSINESS WAIVED. On motion of Councilman Finch, seconded by Councilman Isbell, the bids were referred to the City Engineer for study and report. The Mayor declared a recess to permit consideration of the bids by the Board of Orange County Sanitation District No. 5. At the close of the recess, on motion of Councilman Finch, seconded by Councilman Horvath, the City of Newport Beach, Contract Awd. acting as agent for the Sanitation Board, awarded the contract to the low Trautwein Bros. bidder, Trautwein Bros., and the Mayor and City Clerk were authorized to execute the contract by the following roll call vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Isbell, seconded by Councilman Horvath and carried, the regular order of business was resumed. The City Manaer recommended that the cost of living bonus be Cost of Living increased from.$19.00 to 28.00 per month, in accordance with a 5.3 rise Bonus increased in the cost of living index, effective May 1, 1952. He also recommended to $28.,per me. certain salary changes, and on motion of Councilman Isbell, seconded by Councilman Finch, the increase was authorized and the changes approved by the following roll call vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Isbell, seconded by Councilman Horvath the Mayor to represent the City at the Ensenada International Yacht Race and carried, the regular order of business was waived to permit the opening seconded by Councilman Miller and carried, Mayor Smith was designated to of bids. represent the City. The Clerk presented an abstract from the minutes of the Board The City Clerk announced that this was the time and place set Bids for 12" Sewer for the opening of bids to furnish and install 12" diameter sewer pipe line Pipe Line over the Upper Bay of Newport Harbor. The following bids were opened and Upper Bay read: Finch, Horvath and City Manager Sailors was appointed to investigate the oil drilling situation in Costa Mesa and see what could be done toward its 1. E. C. Losch Co. - - - - - $8,165.00 The Newport Harbor Chamber of Commerce requested permission to 2. Trautwein Bros. - - - - - 7,647.00 the racing shells in the Intercollegiate Crew Regatta to be held May 24th. 33 Elco Corporation - - - - 9.567.00 the request was granted. 4. James I. Gallacher - - - 9,377.71 permission to sell Buddy poppies in the City of Newport Beach frorm May 26th 5. E. W. Connell - - - - - - 20,902.00 On motion of Councilman Finch, seconded by Councilman Isbell, the bids were referred to the City Engineer for study and report. The Mayor declared a recess to permit consideration of the bids by the Board of Orange County Sanitation District No. 5. At the close of the recess, on motion of Councilman Finch, seconded by Councilman Horvath, the City of Newport Beach, Contract Awd. acting as agent for the Sanitation Board, awarded the contract to the low Trautwein Bros. bidder, Trautwein Bros., and the Mayor and City Clerk were authorized to execute the contract by the following roll call vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Isbell, seconded by Councilman Horvath and carried, the regular order of business was resumed. The City Manaer recommended that the cost of living bonus be Cost of Living increased from.$19.00 to 28.00 per month, in accordance with a 5.3 rise Bonus increased in the cost of living index, effective May 1, 1952. He also recommended to $28.,per me. certain salary changes, and on motion of Councilman Isbell, seconded by Councilman Finch, the increase was authorized and the changes approved by the following roll call vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 9 1 1 I 0 1 r `J An invitation from the Newport Ocean Sailing Association to Mayor Smith to the Mayor to represent the City at the Ensenada International Yacht Race represent CNB May 1st to 3rd, 1952, was presented, and on motion of Councilman Isbell, at Ensenada seconded by Councilman Miller and carried, Mayor Smith was designated to represent the City. The Clerk presented an abstract from the minutes of the Board of Supervisors of Orange County meeting of April 22nd, continuing the hear - 0 1 Drilling in ing regarding oil drilling in Costa Mesa, to May 6, 1952. He also read a �osta Mesa letter from Donald A. Me Cartin protesting the proposed oil drilling in Costa Mesa, and urging the City of Newport Beach to go on record in protest against granting of the drilling permit. On motion of Councilman Horvath, seconded by Councilman Isbell and carried, a committee comprising Councilmen Finch, Horvath and City Manager Sailors was appointed to investigate the oil drilling situation in Costa Mesa and see what could be done toward its control. The Newport Harbor Chamber of Commerce requested permission to erect a tent on the Balboa Bay Club grounds for the purpose of protecting Ch. of Com. to the racing shells in the Intercollegiate Crew Regatta to be held May 24th. erect tent at BBC On motion of Councilman Isbell, seconded by Councilman Finch and carried, for racing shells the request was granted. Coastline Post, Veterans of Foreign Wars, of Costa Mesa, asked permission to sell Buddy poppies in the City of Newport Beach frorm May 26th VFW Poppy Days to May 30th, inclusive, and on motion of Councilman Isbell, seconded by Coun- appl. granted.. cilman Finch and carried, the requested permission was granted. A letter from R. L. Patterson, former City Engineer, expressing Patterson, urges a belief that water rates could be reduced, and urging a study of the opera- ion in water tion of the department with that object in view, was read. On motion of Coun- reduc cilman Isbell, seconded by Councilman Miller and carried, the letter was taken under advisement. William Gallienne, Chairman of Feature Exhibit, Orange Co. Fair, asked for a City of Newport Beach exhibit at the fair in August 1952. On motion of Councilman Miller, 2nded by Councilman Horvath and carried, the letter was ordered filed.. 9 1 1 I 0 1 r `J 85 Adoption of a 40 hour work week for the Police Department, fol- lowing the precedent established by State and County law enforcement N.B.P.D. asks for agencies, was asked by a committee from the Newport Beach Police Offi- 40 hr. week ' cers' Association. On motion of Councilman Finch, seconded by Council- man Isbell and carried, the request was referred to the City Manager for a report on the feasibility of the requested adjustment. The Police Department reported on the petition and protest of issuance of a liquor license to Lorene C, and Orville W. Hinegardner at 405 Coast highway, Corona del Mar; that they had been unable to report any record which would indicate that the applicants were not of good Re Hinegardner appl. moral character. The Department reported that the Hinegardners had for liquor license operated places in the County catering to laborers, but that no undue disturbances had been reported by any law enforcement agencies. number of written protests against the proposed Hinegardner liquor license were then read by the City Clerk. On motion of Councilman Horvath, seconded by Councilman Miller and carried, the Clerk was instructed to make copies of all protests and to forward them to the State Board of Equalization with a request that the Board hold a hearing on the Hinegardner application in the City Hall at Newport Beach. The request of the Good Humor Ice Creams Organization of Orange County for a license to operate their vehicles within the City Good Humor Ice Cream • was taken from the table, and after some discussion, on motion of Coun- cilman Horvath, seconded by Councilman Finch and carried, the matter was referred to the City Attorney and City Manager for study and re- port at the next meeting. The application of John Johansson for a license to operate ' a cafe at 1800 Vilelle Place, having been approved by the Health Of- J.Johannson, cafe ficer, was granted on motion of Councilman Isbell, seconded by Council- man Horvath and carried. 1 1 The application of L. V. Phoebus Sr., for an exempt license to sell eggs produced on his ranch in Costa Mesa, was granted on motion Phoebus, exempt lie. of Councilman Isbell, seconded by Councilman Finch and carried. The application of Lafayette Madison Guyon for a license to operate a merchant patrol service in the City was referred to the Po- L.M.Guyon, appl.Merch. lice Department for investigation and report, on motion of Councilman Patrol. Ref. to PD Isbell, seconded by Councilman Miller and carried. The application of Eddie L. Ball of 222 20th St., Newport Beach, for a permit to reactivate the Richfield Marine Service Station at that address, having been approved by the Fire Department, was granted E.L.Ba.11, Serv.Sta. on motion of Councilman Isbell, seconded by Councilman Horvath and car - granted ried. UNFINISHED BUSINESS. The Mayor announced that this was the time and place set for a hearing on the establishment of a uniform policy for piers and floats in the Balboa Coves Area. Attorney Joseph W. Guerin, speaking from the floor, opposed the extension of piers and floats channelward from the Balboa Coves lots, as did several other speakers from the floor. Lars Lavagnino urged that consideration be given to property owners in the Coves, and after some discussion, Councilman Isbell moved that the problem be referred to City Engineer Webb and Harbor Engineer Noble with instructions to draft a plan for controlling pier and float in- stallations in that area. The motion was seconded by Councilman Hor- vath and carried. The Mayor announced that this was the time and place for the continued hearing on the appeal of the Foster & Kleiser Co. from,the denial of two use permits for transfer of billboards by the Planning Commission. Mr. David Larson, representing Foster & Kleiser, urged that the Commission be overruled and the permits granted. Mr. Walter Longmoor, Chairman of the Commission, outlined his policies in regard to the reduction of the number of billboards within the City limits. On motion of Councilman Finch, seconded by Councilman Miller, the Planning Commission was overruled and the requested use permits were granted to Foster and Kleiser Co. by the following roll call vote: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT COUNCILMEN: NEW BUSINESS. Miller, Finch, Isbell Smith, Horvath None The City Engineer reported that he had estimated the cost of plant mixed surfacing on Bay Avenue between 18th and 19th Streets, and on 18th Street between Balboa Blvd. and Bay Avenue, as $2,990.00. He also said that the property owners on Bay Avenue had deposited a total of $700.00 as their share of the cost of the Bay A venue part of the project. On motion of Councilman Horvath, seconded by Coun- cilman Miller, the City Engineer was authorized to prepare plans and specifications for the project by the following roll call vote: • AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Hearing, piers & floats, Balboa Coves Hearing, Foster & Kleise. Paving of Bay Ave. & 18th St. The claim of Philip Carleton Skinner for injuries incurred in a fire at 700 Poppy Ave., Corona del Mar, on April 4th, was denied and re- P.C.Skinner, claim ferred to the City's insurance carrier on motion of Councilman Isbell, se- for damages.Ref. to conded by Councilman Horvath and carried. Ins. Co. The oath of office of James H. Mayo as a special officer at Rosan's I Mayo, Oath of Office was approved on motion of Councilman Isbell, seconded by Councilman Horvath and carried. The oath of office of Duke Rezac as a special officer for the Planning Commission Resolution No. 509, being a resolution deny- Rezac, Oath of Office Balboa Blue Room was approved on motion of Councilman Isbell, seconded by P.C. Res-509, Councilman Finch and carried. , A quitclaim deed, being a deed from the City of Newport Beach to the size of the garage at 304 Grand Canal, Balboa Island, was presented. The Edwin Fergusson, covering certain property more particularly described as G.Gardner, denied follows: Fergusson, QC Deed motion of Councilman Finch, seconded by Councilman Miller and carried. Portions of Lots 12 and 14, Block 135, Corona del Mar was presented, and on motion of Councilman Miller, seconded by Councilman Finch, the Mayor and City Clerk were authorized to execute the deed on be- the application of z. C. Mc Cauley for a 50% setback on the front of lot at half of the City of Newport Beach, by the following roll call vote: ' AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None On motion of Councilman Finch, seconded by Councilman Isbell and carried, ABSENT COUNCILMEN: None A letter from the Planning Commission expressing their appreciation • on the installation of the lafge wall map in the Council Chambers, was read, Planning Commission Resolution No. 511, being a resolution denying and ordered filed on motion of Councilman Isbell, seconded by Councilman Finch and carried. Planning Commission Resolution No. 507, being a resolution denying ' the request of Harold Cass for a variance of a front yard in excess of 35 ft. maximum and rear yard less than 20% of lot depth as required, was presented. P.C.Res. 507, The Council concurred with the Planning Commission in denying the variance H.Cass,denied on motion of Councilman Isbell, seconded by Councilman Finch and carried. Planning Commission Resolution No. 506, denying the request of Lloyd Batchman for a variance for construction of a laundry and utility build- ing one foot in from the rear property line, at 201 Opal Ave., Balboa Island, was concurred in by the Council on motion of Councilman Finch, seconded by Batchman,denied Councilman Horvath and carried. Planning Commission Resolution No. 515, being a resolution denying ' the application of Arthur 0. Hovey et al to reeone Lots 1 through 6, Block 329 P.C. Res.515 Corona del Mar, and a portion of Block "D" from R -1 to R -2 was presented. On Hovey, hearing set. motion of Councilman Horvath, seconded by by Councilman Miller and carried, a hearing was set for the next regular meeting of the Council on May 12th. • Planning Commission Resolution No. 509, being a resolution deny- P.C. Res-509, ing the application of Gloria Gardner to enlarge a rumpus room by cutting down , the size of the garage at 304 Grand Canal, Balboa Island, was presented. The G.Gardner, denied Council concurred with the Planning Commission in denying the application on motion of Councilman Finch, seconded by Councilman Miller and carried. Planning Commission Resolution No. 510, being a resolution denying the application of z. C. Mc Cauley for a 50% setback on the front of lot at P.C. R.es.510 1401 West Bay Ave., Newport Beach, to build a 6 foot fence, was presented. McCauley, denied On motion of Councilman Finch, seconded by Councilman Isbell and carried, the denial was upheld. Planning Commission Resolution No. 511, being a resolution denying the request of James Van Every for a variance to permit the erection of a three P.C. Res.511 bedroom home on the front portion of Lot 1 and the Sally half of Lot 3, Block Van Every, denied 237, Corona del Mar, was presented, together with a petition from surrounding ' property owners in that area protesting the increase in family units on build- ing sites in that area. On motion of Councilman Finch, seconded by Councilman Isbell and carried, the council concurred in the denial. Planning Commission Resolution No. 512, being a resolution granting the application of A. A. Goertzen to allow construction of a third unit at 1611 • P.C. Res.512 W. Balboa Blvd., was presented. It was pointed out that this is a R -3 zone, Goertzen„ granted and the Council concurred with the Planning Commission in granting the var- iance, on motion of-Councilman Horvath, seconded by Councilman Isbell and carried. Planning Commission Resolution No. 51 -, being a resolution granting the application of Dr. Ward Rolland for a 2V1 foot overhang on the second story P.C. Res.513 of a garage apartment at 114 Amethyst Ave., Balboa Island, was presented. On Rolland, motion of Councilman Finch, seconded by Councilman Isbell and carried, the granted Council concurred with the Planning Commission in granting the variance. Planning Commission Resolution No. 514, being a resolution granting P.C. Res.514 the application of Mrs. L. Nichols to construct a house at 402 Heliotrope Ave., Nichols, Corona del Mar, without garage facilities, due to the present contour of the granted lot, was presented. The Commission pointed out that building a garage would not be feasible at present until such time as an extensive fill of ground is provided for the balance of unimproved lots in this block. On motion of Coun- cilman Finch, seconded by Councilman Miller, the Council concurred with the Planning Commission in granting the variance. Planning Commission Resolution No. 515, being a resolution denying ' the application of Arthur 0. Hovey et al to reeone Lots 1 through 6, Block 329 P.C. Res.515 Corona del Mar, and a portion of Block "D" from R -1 to R -2 was presented. On Hovey, hearing set. motion of Councilman Horvath, seconded by by Councilman Miller and carried, a hearing was set for the next regular meeting of the Council on May 12th. • 0 1 S Planning Commission Resolution No. 516, being a resolution of P.C. Res. 516 (of Int.) intention of the Commission to rezone blocks 329,429 and 439 from R -1 Rezone 81.329,429,439 to R -2, was presented. On motion of Councilman Finch, seconded by Hearing set. Councilman Isbell, hearing was set for May 12th. Planning Commission Resolution No. 517, being a resolution denying the application of Nelson Stafford to rezone Lots 1 to 12,in- elusive, Block 12, Tract 27, was presented. On motion of Councilman Finch, seconded by Councilman Isbell, the application was referred back to the Planning Commission for reconsideration. Planning Commission Resolution No. 518, being a resolution granting the application of the Griffith Co. to change setbacks on the remaining 40 foot streets from four feet and ten f eet,to zero setback to coincide with other 40 foot streets on Lido Isle, was pre- sented. On motion of Councilman Horvath, seconded by Councilman Finch and carried, date for hearing was set for May 12th. P.C. Res. r17, Stafford, benied. P.C. Res. 518 Griffith Co., approved The City Attorney presented Resolution No. 3967, being a resolution authorizing the.Bank of America to honor checks bearing- RES. 3967. Auth. Bk.Amer. facsimile signatures of Mayor A. W. Smith and City Clerk C. K. Priest. to honor facsimile sigs. On motion of Councilman Horvath, seconded by Councilman Isbell, the of Smith & Priest resolution was adopted by the following roll call vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None • ABSENT COUNCILMEN: None The City Attorney presented a draft of a lease covering a portion of Lot 1126, Tract 907, to the Newport Harbor Lodge of Elks, for a 25 year period at a rental of $50.00 monthly. Councilman Hor- Draft of Lease to Lodge vath moved that the lease be referred to )the Park, Beach and Ree- of Elks. ' reation Commission for study of the possibilities of the use of the Hearing set. site for public purposes. The motion died for lack of a second, and Councilman Isbell moved that a public hearing be held on the lease on May 26th. The motion was seconded by Councilman Finch and carried by the following roll call vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Ordinance No. 659, being an ordinance changing the delin- quency date for pa ment of first installment of taxes, and reducing Ord. 659. Del.Date of Tax the penalty from to 6% in accordance with the State Revenue and changed. Taxation Code, was presented for second reading, and on motion of Councilman Finch, seconded by Councilman Isbell and carried, reading of the ordinance was waived. On motion of Councilman Finch, seconded by Councilman Isbell, Ordinance No. 659 was adopted by the following roll call vote: Ord. 659. Adopted AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Attorney stated that at the request of the Mayor and City Manager he had investigated the possibility of drafting an ordinance prohibiting dogs on the public beaches and making rabies ' vaccination compulsory. He stated that in his opinion ordinances Re Ords. for Rabies vac - containing'those provisions would be legal, and on motion of Coun- cination & prohib. Dogs cilman Isbell, seconded by Councilman Horvath, the City Attorney was on Beaches. Atty.to draft instructed to draft such an ordinance by unanimous vote. same. The City Attorney stated that he had investigated the situa- tion involving the above - ground tanks of the Standard 011 Co. in New- port, and that in his opinion, assuming that the presence of the above- Standard 011 Tanks. ground tanks constituted a hazard, they could be abated as a nuisance. Committee to investigate He pointed out that the question of abatement was predicated on the assumption of hazard, and that the existent hazard would have.to be established by experts in fire prevention and control. On motion of Councilman Horvath, seconded by Councilman Isbell and carried, a com- mittee comprising Councilman Horvath, Mr. Ed Healy and City Manager Sailors was appointed to investigate the status of the above- ground tanks as hazards:. Ordinance No. 661, being an ordinance establishing the sal- ary of the City Treasurer at $50.00 monthly, was read by the City At- torney, and on motion of Councilman Isbell, seconded by Councilman Ord. 661. Estab. City Finch, Ordinance No. 661 was passed to second reading by the following Treas. Salary $50.00 roll call vote: Passed to 2nd read. AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None ' The City Manager submitted the following committees for appointment by the Mayor, and the appointments were confirmed on Horvath, motion of Councilman seconded by Councilman Miller and • carried: M • w 6 1. To negotiate purchase of 1/3 interest in the Irvine - Laguna 30 -inch water COMMITTEES line running through the City of Newport Beach, and • APPOINTED 2. To negotiate the purchase of a new dump site: Mayor A. W. Smith Councilman L. L. Isbell City Engineer J. B. Webb City Manager J. J. Sailors 3. To investigate the proposed new Harbor Department facilities near the Balboa Yacht Club: Councilman Norman Miller Councilman L. L. Isbell J. B. McNally City Engineer J. B. Webb City Manager J. J. Sailors 4. To negotiate the removal of Standard 011 Co. storage tanks: Councilman Francis J. Horvath Edw. T. Healy City Manager J. J. Sailors 5. To investigate the proposed annexations: Councilman Braden Finch Councilman Francis J. Horvath City Manager J. J. Sailors 6. To investigate the needs of the Hoag Hospital for water and sewer connections: Councilman Braden Finch City Engineer J. B. Webb City Manager J. J. Sailors 7. 011. Councilman Braden Finch Councilman Francis J. Horvath City Manager J. J. Sailors 6. Good Humor Ice Cream Co. in City -- Draw an ordinance: City Attorney Harry Blodgett City Manager J. J. Sailors 9. Dog Ordinance: City Attorney Harry Blodgett City Manager J. J. Sailors The City Engineer stated that the boundaries of the City should be changed to include sections of the State Highway that now pass through the City but are not within its jurisdiction. On motion of Councilman To include some Miller, seconded by Councilman Horvath and carried, the City Engineer and pors. of State Hwy City Attorney were instructed to prepare notice of proposed annexation to in City Limits. bring these sections within the City limits. Ordinance No. 662, being an ordinance prohibiting parking on the north side of First and Third Avenues, Corona del Mar, was presented by the Ord. 662. Prohib. City Engineer with the explanation that no parking provision was required Pkg., lst & 3rd Aves. by the State to make the avenues eligible for the use of gas tax funds. On CDM motion of Councilman Finch, seconded by Councilman Horvath and carried, reading of the ordinance was waived. On motion of Councilman Horvath, seconded by Councilman Miller, To 2nd read. Ordinance No. 662 was passed to second reading by the following vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None L.Wood, resig. from P.B.R.Com. New appts. to P.B.R. Com.: Calderhead, Horvath, Csenar, Pinckert Mayor Smith to leave State The resignation of Lloyd Wood from the Park, Beach and Recreation Commission was received and accepted on motion of Councilman Horvath, seconded by Councilman Miller and carried. The following appointments were made to the Park, Beach and Recrea- tion Commission: Wallace Calderhead to fill the unexpired term of Lloyd Wood; Francis Horvath to replace Dale Ramsey; Mrs. Helene Csenar to re- place Norman Miller; Curt Pinckert to replace Francis Horvath. On motion of Councilman Horvath, the appointments were confirmed. Mayor Smith requested permission to leave the State, and on motion of Councilman Isbell, seconded by Councilman Finch and carried, permission was granted. 1 1 1 If n 9 P 1 1 1 9 1 1 L 0 4 t The City Engineer presented the application of Boat Service, Incorporated, for a permit to install a bait receiver at 614 East Bay Avenue, Balboa. On motion of Councilman Horvath, seconded by Coun- cilman Finch and carried, the permit was granted. On motion of Councilman Isbell, seconded by Councilman Finch and carried, the meeting was adjourned, sine die. "'�e Ac- Uny Clerk U M Bait Service appl. for Receiver, granted.