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HomeMy WebLinkAbout04/22/1957 - Regular MeetingApril 22, 1957 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 being present: Councilmen ' Hart, Wilder, MacKay, Stoddard, Higbie and Hill; Councilman Ridderhof being absent. On motion of Councilman Hart, seconded by Councilman MacKay and carried, the reading of the minutes of April 8, 1957, was waived, and they were approved as written and ordered filed. Mayor Hill opened the meeting for a public hearing in connection with the appeal from the decision of the Planning Commission granting Use Permit No. 311, enabling Our Lady of Mt. Carmel Parish, 1441 West Balboa Boulevard, Newport Beach, to construct a school building and convent on Lots 19, 20, 21 and 22, Block 14, Tract No. 234, Zone C -1 and Zone R -3. She stated that the Council would be sitting in a quasi - judicial capacity and its decision in the matter would be based upon facts presented affecting the welfare of the communitq. The Clerk read the report from the Planning Commission setting forth that the Use Permit was granted by the Commission on March 21, 1957, since no facts had been submitted which would show that the establishment of this school and convent would be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing in this neighborhood. The Clerk read a memorandum to the Council from the City Attorney informing the Council of the manner in which a decision should be rendered. The Clerk stated that notice of hearing had been duly published and posted. In addition to the communications previously presented protesting the granting of the Use Permit, a letter had been received from Cecil R. Walker, 6307 Seashore Drive, Newport Beach, opposing the construction of a school which would attract an influx of automobiles and increase the parking problem. ' The following people spoke from the audience protesting the granting of the Use Permit, alleging that an already bad parking problem would become worse if the Permit was granted: Mr. William Lambert, Mrs. F. H. Jones, Mr. Fred H. Jones and Mr. Cecil Walker. The following people spoke from the audience on behalf of Our Lady of Mt. Carmel Parish a request for said Use Permit: Mrs. Andrew Bailey, Father Kiley, Mr. George Gaynor, Mrs. Gretchen Butler, Mr. John Gannon and Mr. Bunster Creely. It was alleged, in general, that the construction of the school would not cause additional congestion of traffic on Sunday since the school would be in session only on weekdays, and that the parking problem would not be increased. In reply to an inquiry made by Mr. Lambert, Mr. J. W. Drawdy, Administrative Assistant to the Planning Commission, stated that the property was posted on March 12, 1957, giving notice that a hearing would be held on March 21, 1957, by the Planning Commission in regard to Use Permit No. 311. Councilman Wilder was absent from the meeting for a short time during the discussion. Mayor Hill declared the hearing closed. On motion of Councilman MacKay, seconded by Councilman Stoddard and carried, the decision of the Planning Commission to grant Use Permit No. 311 was upheld and the Council found that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighbor- hood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood, or to the general welfare of the City. CO190NICATXONS Regular session. Roll call. Approval of minutes. Public hearing re ffie Perm t N®.- - {3� e La of d arme an s-. Protests re grantee Use Permit. Statements in avor o t e llUse Perm t. R�: posting of preoperty. The Clerk presented a letter from William Gallienne, Secretary- Manager Notice of July 4th of Orange County July 4th Parade and Celebration, giving advance notice andr�e in an invitation to participate in the parade sponsored by the City of t�untington 1�each. Huntington Beach on July 4th. On motion of Councilman Stoddard, seconded by Councilman MacKay and carried, said letter was ordered filed. On motion of Councilman Stoddard, seconded by Councilman Wilder and as litter and carried, a letter was ordered filed from Gilbert I. Huffman, 1312 West Ball was s a on Coast Road, Anaheim, stating that the Council has the "honor of serving on the ha.g'e�agv. City government of one of the most beautiful areas in California or any other place," and calling attention to litter and weeds along Coast Highway. The Clerk presented two letters and one card from Mr. Warren Clemence, Mrs. Vivian Johnson and Mrs. Unruh, protesting the discontinuance of free parking at the Corona del Mar main beach. The City Manager read said communications. A discussion was had regarding the advisability of installing parking meters. Mr. John Gannon spoke from the audience stating that he understood there were supposed to be free parking spaces available but he had never seen them. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, the City Manager was instructed to make a study of the matter to determine whether this problem could be solved by the installation of meters, either on the entire parking lot or at selected spots. He was further instructed to look into the provisions of the lease pertaining to the matter. Discussion re free 1 eng at Corona n Feac:.. Re Island The Clerk presented a letter from Fraser, Brown.& Hewett, Attorneys Transportation Co. at Law, submitting a copy of the Application;of Island Transportation Co. proposed increases in to increase rates and fares for the transportation of.-passengers between rates and tares. Newport Beach and Avalon, which had been forwarded to the Public Utilities Commission. On motion of Councilman Wilder, seconded by Councilman Stoddard and carried, said communication was'ordered•filed. Alcoholic Bevera a The Clerk presented copies of Application for Alcoholic Beverage iced nse: S.8: License of:Gayle and Ray Waldrop, for on beer, S.F.B. "Petrel, 15th etre a Beach Street Landing, Newport Harbor, cleared by the City Attorney and - Police Roamer, The Hilltop.- Department; Application.for Alcoholic Beverage License of Jacqueline M. and William-E, Sproull, for on -sale beer, The Beach Roamer, 104 Main Street, Balboa, cleared by the.Police Department, Building Department and City Attorney; and Application for Transfer of Alcoholic Beverage License (double transfer of on -sale beer and wine) of.Bert L. -and Norah P. Jordan, Hilltop, 471 -North Newport Boulevard, license surrendered under Rule 65. on November 13, 1956, previously cleared by the City Councilmon January 14,1957, and ordered filed. On motion of Councilman Hart, seconded by Councilman Wilder and .carried, said communications were ordered filed. LICENSES Application for The Clerk presented the Application for License of Walter E. Woods,' License of a ter E. Jr., 2037 West Coast Highway, for U -Drive Boat Rentals at 2037 West Coast Woos Jr., for - Highway, Newport Beach, (six U -Drive cruisers), being a change of owner- Drive ve oat Rentals... ship. On motion of Councilman Stoddard, seconded by Councilman Hart and carried, said application was approved. ADDITIONAL BUSINESS Fund Transfer No. On motion of Councilman Stoddard,.seconded by Councilman Wilder and carried, Fund Transfer No. 113, in the amount of $290, from Surplus- Corona del Mar State Park Fund to Corona del Mar State Park Appropriations,. for the purchase of fire rings, was approved. Report from Stone & A report from Stone & Youngberg entitled "City of Newport: Beach Proposed 1 OUn ems- .Reservoir Project Financing Analysis" was presented. .The City Manager.read reser the conclusions reached by Stone & Youngberg as set forth on page 22 'of said report,, to wit: "1. General obligation bonds constitute the most economical means of financing the city's proposed reservoir project and related im- provements. Assuming equal annual,total; payment of interest and principal over a 25 -year period, average annual bond service costs are estimated at $114,000. "2.. Payment of bond interest,and, redemption entirely from water revenues appears . preferable to paying them from taxes. Some property in the city is served by water agencies other than the city, and to tax it for city water purposes appears .inequitable. Substantial tax contributions are already being made by Newport Beach taxpayers through Metropolitan.Water District. 113. An estimated $405,000 will be required annually to pay all water system expenses after the bonds are sold. The present water rate schedule would produce about 95 per cent of .the required water sale revenue. A readjustment in the rate schedule appears desirable in,order to increase income. and to distribute costs more equitably. "4. Reduction of .the-monthly minimum charge to $1.75, elimination of the minimum ..'allowance (now 700 cu. ft,. per.month), and a charge of 14 cents per 100 cu. ft. for all water used would produce $384,000 annually. With reasonable increases in other sources of water income; this appears sufficient to pay all.water costs. "5. Users of less than 600 cu. ft. per month would have their rates reduced under the suggested schedule, and the median user would have his bill increased,21 cents. per month on the average. 16. The extent to which the suggested -rate schedule distributes costs of,water equitably should be.studied carefully by the City Council, along with possible adjustments in connection charges, turn - on charges,.minimum charges for large meters, and lower quantity rates for large meters . 11 C 7 �J Councilman Stoddard stated; among.other facts, that the cost of the water reservoir will be borne by those who buy water but not by the people who do not buy water, even though they live in the City. On motion of Councilman Stoddard, seconded by Councilman..Wilder and carried, said report was ordered received and filed. Mayor Hill stated that as Chairman of.the Citizens' would devote a great deal of the bond election to.be held Hart, seconded by Councilman accepted and Mr. Edwards was Water Reservoir. she wished,to nominate Mr. James Edwards, Jr., Committee for Water Reservoir, which Committee time and effort to publicizing and promoting on May 28, 1957. On motion of Councilman Stoddard and carried, said nomination was named Chairman of the Citizens' Committee for Councilman Stoddard was requested to explain to the audience the pro- posed water rate structure to be incorporated in an ordinance. Councilman Stoddard stated that it had become apparent that certairr inequities in the water rate charges should be corrected. It is proposed that a "readiness to serve " charge be made of $1.75 per month for a meter (3/4 ") and that 14e, be charged for each 100 cubic feet of water used. In this manner, the cost of water.to consumers will be determined by the amount of water used. He further stated that approximately 40% of the people would be paying less than they are now paying as water users; that'approximately 40% would be paying approximately the same or slightly higher. Councilman Stoddard pointed out that the revenue acquired through the sale of water will in the long run not only pay for deficiencies in the water system, but will pay for the cost of the reservoir, and that it will not be necessary to raise additional money from property taxes for the redemption of the water bonds. He also stated that the Citizens' Committee on Capital Improvements will have an opportunity to study the proposed water rate ordinance the structure of which will establish rates charged in a manner used by the City of Los Angeles and the City of'Long Beach. The City Manager stated that, in view of the fact that the City of Costa Mesa had withdrawn from a joint venture for a proposed reservoir, it would be necessary to amend the contract with the financial consultants, Stone & Youngberg. He presented Resolution No. 4637', being a resolution amending the contract of employment of Stone & Youngberg, dated January 14, 1957, to enable said firm to be compensated for services rendered in the event of a successful bond election in Newport Beach. On motion of Councilman Stoddard, seconded by Councilman Hart and carried, Resolution No. 4637 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Ridderhof MacKay, Stoddard, Higbie, Hill The Clerk presented a letter from Mr. J. Leslie Steffensen, General Chairman of the Citizens' Advisory Committee on Capital Improvements, enclosing a resolution adopted by said Committee on April 15, recommending that the Orange County Harbor District assume the responsibility for administrative and related functions in Newport Harbor; endorsing the "assumptions and financing principles contained in the preliminary report of Stone & Youngberg, including the proposal that the reservoir bonds be retired from water sales, suggesting that consideration be given to increasing water service connection charges as a means of assessing the owners of undeveloped property for benefits they will receive from the improved water system; and stating that the above recommendations are being made at this time because "of their possible effect on consideration of the budget for the 1957 =58 fiscal year.' A discussion was had. On motion of Councilman Stoddard, seconded by Councilman Higbie and carried, the City Manager and the City Attorney were instructed to draw up, under the Joint Powers Act, a suitable document which will accomplish the shifting of administrative and other functions, as now existing, to the Orange County Harbor District, and to present the document for inspection and review. Mr. William Lambert spoke from the audience and inquired whether or not this would be taking the Harbor Department out of the hands of the City and giving it to the County. Councilman Stoddard stated that we did not intend to give up any of the powers or authority that we now have, but the intent was to allow the Harbor Department to be managed by one person. On motion of Councilman Stoddard, seconded by Councilman Higbie and carried, the City Manager was instructed to forward a copy of the afore- mentioned resolution of the Citizens' Advisory Committee on Capital Improvements, dated April 15, 1957, to the Board of Supervisors, and the Orange County Harbor Commission with the statement that the Council approved, in principle, said resolution; On motion of Councilman Stoddard, seconded by Councilman MacKay and carried, the letter from the Citizens' Advisory Committee on Capital Improvements was ordered filed. The Clerk presented Resolution No. 4634, which urges that immediate appropriate action be taken by the State highway authorities to construct a traffic interchange at the intersection o£ Coast Highway and Marine Avenue. On motion of Councilman Wilder, seconded by-Councilman Hart and carried, Resolution No. 4634 was adopted by the following roll call vote, to wit: Statements of Counc man to ar re water. Report received and tiled. Mr. James Edwards Jr. named Chair- man o t .ens Committee or atey. Reservoir. Water rate structure eex 9.al n. _._ bv—__ c man 5to ar . R -4637. amendin contract of em ]Loy- ment ® . t Young erg re reservoir. Letter and resolution from Citizens" Advisor Committee re a;;-Vv- atn report of .:v.m. —&-Youngberg. Instructions re ocument on Harbor astration. Resolution from Citizens" rou ar a to oard o upery sors an Harbo--- ssion Letter from C taz a group R -4634 re traffic gnterc an a at Coast bg way and Marine Avenue. AYES, COUNCILMEN: Hart, Wilder;-MacKay, Stoddard,.Higbie, Hill .NOES; COUNCILMEN: None ABSENT, COUNCILMEN: Ridderhof The Public Works Director presented a proposed plan to construct three, slips without groins, approximately-50' in length, for 6 boats each',-at F. H and K Streets, Balboa, at the total.cost of approximately $10,000. He stated that little or no dredging would be involved. Councilman Wilder made a motion, seconded by Councilman MacKay, that the Public;Work6 Director be instructed to call for informal bids for 3 slips and fencing (without - groins) at F. Hand K Streets, at a cost of approximately $10,000... A discussion was had. Mr. George Gurr, representing the'Balboa Peninsula-:Point Association, Mr. Robert.Crary, Mr. Cowgill, Mr.. Harvey Somers and Mr. William Lambert spoke from the audience. Inquiries were made as to the responsibility of the City regarding erosion, the manner in which the funds derived.from the rentals of the proposed slips could be spent, whether or not said funds would be- considered expendable only as tidelands revenue, the desirability of location of the slips, and the kind of boats contemplated to be moored at the proposed.siips. The Public.Works Director and the City'Attorney stated that they were.of the opinion that the City . would have no'different liability in regard,to erosion at this location - from what it has;, or does not have, in any other part of the Harbor. -:Mr.: J. B. also stated that the present plans seemed to indicate that the most suitable locations for installation of slips would be at F, H and- K_ Streets. The City: Attorney stated that the-funds derived from -the rental of the "slips may be spent as tidelands revenue, that is for the,improve7. meat, maintenance and'repairs of harbor installations. Mr. Gurr stated: that it is contemplated that the only boats.to be moored at the proposed slips would be of the Snowbird class, sailboats, dinghies, Falcon class' and that no motor boats would be allowed. A vote was taken on Councilman MacKay's motion, which carried unanimously, :and was amended to be that the Public Works Director be instructed to call for informal bids -for, submission on May 13, 1957,.for boat.slips and fencing (without groins),., at F, H and K Streets, at a cost of approximately $10,000, and that G, I and J'.Streets be free of all boats and.moorings,-,for swimmers only, upon the completion of the installations. Councilman Hart stated that,he . would like a written opinion from the City Attorney as to the manner in which funds;which will.be available from the rental of boat slips and the donations of property owners,may be spent. Recess. Mayor Hill declared a five minute recess. Authorization for The Public Works Director presented plans and specifications for bids for Fire Station the construction of Fire Station No. 6. On motion of Councilman Wilder, No. seconded by Councilman,Higbie and carried, said plans and specifications were approved, the City Engineer was authorized to call forbids to be submitted•on May 27, 1957, and the Clerk was instructed to advertise for said-bids. Re Sull - Miller The Public Works Director stated that he had made inquiries regarding or us contract e of proposals for use of the City -owned dump site and that it appeared no ump s te. higher bids would be received for the use of the property. It was his, recommendation that a new Sully - Miller contract be written for three years, with a qualified three year option., He further recommended that no action be taken at this time in order that a.lease could be prepared in the 'manner suggested, for approval of the Council. R -4635, approving The Public Works Director presented a map for the adjustment of. ma ,howin won The of Bayside Drive in the vicinity:of the.extension of Avocado o a si a r� Avenue, which involved the abandonment by the City of a certain portion ropose to be of land and, in exchange, the acceptance of deeds by the City for a vac�l[atec. certain portion of land. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried,•Resolution?No:- 46.352 approving a map. showing a portion of Bayside Drive, Block`94 of Irvine Subdivision,-and, a portion of'Block D, Corona del Mar, City of Newport Beach, which.is proposed to be vacated, was adopted by the following roll call vote, to wit: Webb AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Ridderhof R -4636 resolution On motion of Councilman MacKay, seconded by Councilman Wilder and, Of intention to order carried, Resolution No. 4636, being a resolution of intention to order vacation of ootion the closing up, vacation.and abandonment of a portion.of Bayside Drive, of Bayside Drive an Block 94, Irvine Subdivision,and a portion of Block D, ,Corona del Mar, setting hearing Newport Beach, setting the date of public hearing thereon for May 27, al�f y 27. 1957, was adopted by the following roll call.vote, to wit: r AYES, COUNCILMEN: Tart, Wilder, MacKay, Stoddard, Htgbie, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Ridderhof Letter from The Clerk presented a letter from the,Planning Commission regarding Planning Commission the County Dock property, submitting a report of Commissioner Louis Briggs re County Docc with maps attached, and recommending that serious study be given to the property. street pattern plan over the Lido Channel adjacent to the over =pass. Councilman Wilder commented -that the plan was one of the best suggestions for the use.of property which had been given, and other Councilmen,commented that Commissioner'Brig s and Ben Reddick had done some excellent work in connection with this plan. On motion of Councilman Hart, seconded by Councilman Wilder and carried, said letter was ordered filed. Webb CJ The City Manager commented that the Planning Commission, if freed from Discussion re certain detail work in connection with variances, use permits, et cetera, aeta-1.1 WorT 3n- could be of very valuable service to the City for City over -all planning. V-37viniz the It is his intention to devise ways and means through which the Commission 'Planning may be given less detail work to do. He also brougght out the fact that Cow =ss�oun. the present planning consultants maintain'offices.400 miles distant which makes consultation extremely difficult. Ordinance No. 820, being Ord. No. 820. AN ORDINANCE OF THE CITY OF NEWPORT BEACH APPROVING THE ANNEXATION TO THE CITY OF - NEWPORT BEACH OF CERTAIN INHABITED TERRITORY DESIGNATED AS "SUPERIOR AVENUE ANNEX," WHICH IS CONTIGUOUS TO THE CITY OF NEWPORT BEACH, UPON THE TERMS CONTAINED IN THE QUESTION SUBMITTED AT A SPECIAL ELECTION HELD IN SAID TERRITORY ON THE 26TH DAY OF MARCH, 1957. Re °eri�,� Aven4Ile Annex. was presented for second reading. On motion of Councilman Wilder, seconded Ord. No. 820 by Councilman Stoddard and carried, the second reading of said ordinance a opts . was waived. On motion of Councilman Wilder, seconded by Councilman Stoddard and carried, Ordinance No. 820 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay., Stoddard, Higbie, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Ridderhof The-City Manager stated that the Orange County Road Department had presented a report to the Orange County League of Cities proposing a method of allocating County funds to cities for road.purposes. He stated that it is the opinion of the City Engineers of Orange County that a more equitable distribution of gas tax funds could be made than the manner proposed by the County Road Department. Under a plan submitted by the City Engineers, the cities would receive $520,000 as opposed to the allocation of $169,000 under the Road Department plan. It was the recommendation of the Public Works Director and the City Manager that the Council endorse the plan of the City Engineers of Orange County. On motion of Councilman Stoddard, seconded by Councilman Hart and carried, said recommendation was approved and the proposal was endorsed. ZONING The Clerk presented Resubdivision No. 51, Stevechris Homes, Inc., 5300 Neptune, Newport Beach, Lot 1.2, Block 53, River Section, Zone R -2, to provide two R -1 lots, which had been denied by the Planning Commission due to protests written and oral, and the fact that the Commission set a policy some time ago not to subdivide lots westerly of 53d Street as the square footage and depth of lots would be inadequate. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, the decision of the Planning Commission was upheld and Resubdivision No. 51 was denied. Ordinance No. 821, being AN ORDINANCE CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF NEWPORT BEACH, (Lot 1201, First Addition to Newport Mesa Tract, from "U" to "M -1 -A," (Planning Commission Amendment No. 33)), was presented. On motion of Council- man Wilder, seconded by Councilman MacKay and carried, the first reading of said ordinance was waived. On motion of Councilman Wilder, seconded by Councilman Hart and carried, Ordinance No. 821 was passed to second reading and set for public hearing on May 13, 1957, by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Ridderhof Ordinance No. 822, being AN ORDINANCE CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF NEWPORT BEACH, (a portion of Lot 157, Block 52, Irvine Subdivision, from "U" to 11R -1 -B," (Planning Commission Amendment No. 34)), was presented. On motion.of Councilman Wilder, seconded by Councilman MacKay and carried, the first reading of said ordinance was waived. On motion of Councilman Wilder, seconded by Councilman Hart and carried, Ordinance No. 822 was passed to second reading and set for public hearing on May 13, 1957, by the following roll call vote, to wit: Discussion re allocation of ounty un s to cities for road purposes. Resubdivision No. tevec ris Homes� Ordinance No. 821. Chang_in Bonin lLot 1L 2�bl�k� i s t� Addition to ern esa ract. Ord. No. 822. C�iinng zon�in�,- ort ions ,oY ot�L57, cc 2 rvine u av Sion. AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Ridderhof On motion of Councilman Wilder, seconded by Councilman Hart and carried, Adjournment. the meeting was adjourned at 10:10 P.M. ATTEST: �y yam" city Clerk