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HomeMy WebLinkAbout10/14/1957 - Regular Meetingn r October 14, 1957 Regular session. 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. Roll call. The roll was called, the following members being present: Council- men Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof and Hill Approval of minutes. On motion of Councilman MacKay, seconded by Councilman Ridderhof and carried, the reading of the minutes of September 16, 1957, was waived; they were approved as written and ordered filed. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, the reading of the minutes of September 23, 1957, was waived; they were approved as written and ordered filed. Supplemental notice The Clerk presented a supplemental notice to prospective bidders, t��o__��r____os__ppective dated October 11, 1957, which had been prepared by James M. Montgomery, bdoers presented. consulting engineer. On motion of Councilman Wilder, seconded by Councilman Ridderhof..and carried, the notice was approved and ratified. Explanations given The City Manager explained that due to unforeseeidevelopments by the City Manager. affecting the use of land in the vicinity of the water reservoir site and the transmission main right -of -way, changes in project plans and specifications for construction of the Big Canyon Reservoir were necessary. The contractors had been so advised and he stated that the Council intends to readvertise for bids within approximately thirty days and to award the contract, or contracts, for the work within - approximately sixty days. R -4700 as tted The Clerk presented Resolution No. 4700, rescinding the Council resc n iil action taken September 16, 1957, approving plans and specifications action taken for the construction of the Big Canyon Reservoir and transmission mains, September—TU, 1957. and rescinding also any addenda to said specifications, to provide time for the necessary changes to be made to the said specifications and drawings, to be resubmitted to the Council at a later date. On motion of Councilman Ridderhof, seconded by Councilman MacKay and carried, Resolution No. 4700 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Public hearin re Mayor Hill opened the meeting for a public hearing regarding an Amp ication -or appeal from the decision of the Planning Commission denying Application Varianc' e o awl for Variance No. 401, o£ Maurice C. and Lola ,A. Norman, for waiver of Maurice C. and Lola side yard setback in order to permit construction of a stairway,to A. Orman. a second floor apartment at 124 -1/2 Pearl Avenue, Balboa Island, Lot 22, Block 7, Tract Balboa Island, Zone R -2. The Clerk stated that notice of hearing had been duly.published and posted. She read the memorandum from the Planning Commission wherein the Planning Commission found that the applicant had not established exceptional or extraordinary circumstances applying to his land or use of land and that the granting of the Application would materially affect adversely the health or safety of persons residing or working in the neighborhood, and would be materially detrimental to the public welfare. Mr. Maurice C. Norman spoke from the audience, stating that the application for variance had been requested because of his concern for an'avenue of e§cape from the second story. He was of the opinion, as was his contractor Mr. Theodore Lindstedt, who also spoke from the audience, that fire hazard would be lessened if the variance were granted since firemen would have easier access in and out of the building. Members of the Council expressed an opinion that a hardship was not shown and that the proposed stairway would not be the most feasible way of lessening the fire hazard. Mr. Ray Copelin spoke from the audience reiterating the position of the Planning Commission. Mayor Hill declared the hearing closed. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, the findings of the Planning Commission were upheld and Variance No. 401 was denied by the unanimous vote of the Council. Public hearing re Mayor Hill opened the meeting for a public hearing regarding an Ai ii°catio` nior appeal from the decision of the Planning Commission denying Application Variance o. �6 for Variance No. 396, of Leo M. and Rosemary Schlocker for an encroach Leo M. and Rosemary meet of 2 -1/2 feet into required rear yard setback of 5 feet for second TERIocTcer. floor overhang only, at 127 - 45th Street, Newport Beach; Lot 20, Block 45, River Section, Zone R -2. The Clerk stated that notice of hearing had been duly published and posted. She read the report from the Planning Commission, which stated that there is a rapid increase in density in population inthe subject area which is adversely affecting the health and welfare of residents and materially increasing fire hazards; that the applicant had not established that there are exceptional or extraordinary circumstances applying to his land, building or use, and that the setback requirements, as provided by the Municipal'Code,'are the very minimum needed for the protection of residents. A discussion was had and Mr. Leo M. Schlocker spoke from the audience and stated that he had thought that the granting of his application would be routine since the Planning Commission had customarily granted applications of this nature. Councilman Higbie stated that, since this type of variance had been granted more or less as a routine matter in the past, he was of the opinion that publicity should be given the matter and that the public should be made aware of the fact that variances of this nature would not be granted in the future. Councilman Hart was also of the opinion that n r the subject variance should be granted. Mr. Ray Copelin and Mr. J. W. Drawdy spoke from the audience reiterating the position of the Planning Commission. Councilman Hart brought to the attention of the Council that Mr. Schlocker had apparently filed his application for variance well in advance of the time that the Planning Commission went on record as being opposed to the further ' granting of variances of this nature. On motion of Councilman Hart, seconded by Councilman MacKay and carried, the hearing was closed. On motion of Councilman Hart, seconded by Councilman Higbie and carried, variance No. 396 was granted; the decision of the Planning Commission was reversed; and it was found that the granting of said variance would not be detrimental to the health, safety, welfare and morals of the residents in the neighborhood, with Mayor Hill and Councilman Ridderhof voting no. It was stated by several of the Council members that in the future when a procedure which had been considered routine was changed, more publicity should be given to the change. Resolution No. 4690, authorizing the Mayor and City Clerk to execute the renewal of lease between the City of Newport Beach and the Girl Scout Association of Newport Harbor, was presented. Acting City Attorney John Penney explained that the proposed lease contains no escape clause; provides that the Association will maintain insurance policies to indemnify the City against liability or financial loss resulting from injury to persons within the premises in specified amounts; provides that the Association will reimburse the City its cost for maintaining adequate fire insurance on the buildings and premises; extends the lease for a term of ten years ending November 30, 1967; incorporates, except as modified, all the terms of the original lease. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, Resolution No. 4690 was adopted by the following roll call vote, to wit: ' AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None COMMUNICATIONS The Clerk presented five communications opposing the removal of the fire station on Balboa Island to a location off the Island. Mayor Hill stated that the Council does not contemplate moving the fire station off Balboa Island but has under consideration the matter of whether or not the fire station should remain on Marine Avenue or should be removed to another location. The aforementioned letters from Horce S. Mazet, 125 North Bay Front, Balboa Island; A. W. Snyder, 209 Emerald Avenue, Balboa Island; Mrs. Ethel R. Freely, 314 Coral Avenue, Balboa Island; Mrs. Cornelius Holloway, 218 Pearl Avenue, Balboa Island; and Mrs. Martha Carpenter Scott, 203 Emerald Avenue, Balboa Island; were ordered filed on motion of Councilman Stoddard, seconded by Councilman Wilder and carried. The Clerk presented a letter from H. I. Barnes, 315 Driftwood Road, Corona del Mar, stating that the "City main water line has sprung leaks five or six times" during the past three and one -half years, and requesting that the pipe be replaced at once. On motion of Councilman Wilder, seconded by Councilman Hart and carried, the letter was ordered filed and Councilman Wilder stated that a study of this matter was underway. He requested the City Manager to ' reply to the letter from Mr. Barnes. On motion of Councilman Hart, seconded by Councilman Stoddard and carried, a letter was ordered filed from the American Municipal Association extending an invitation to City officials to attend the 34th annual American Municipal Congress to be held in San Francisco December 1 - 4, 1957. On motion of Councilman Hart, seconded by Councilman MacKay and carried, a letter was ordered filed from Mr. and Mrs. Forest Smith, 928 Via Lido Nord, Lido Island, stating that "In reply to your request for opinions of the speedboat races, we would like you to know how much we enjoyed the weekend." The City Manager was requested to inform the Chamber of Commerce that many favorable comments had been received regarding the speedboat races. Several of the Councilmen commented that they thought the races were successful and a good idea. Councilman Stoddard commented. that this Council was in favor of the Regatta but could not speak for future Councils. R -4690 adopted, re renewal of Lease etween the City and tFe—TIFF Scout Assoc aataon o Newport Harbor. Letters __opp_osin removes o — are stati_,. _ -- on Ba oa s and, Letter from H. I. Barnes re Caty main_ ,rater ane . Invitation to attend 34th annual eracan dun c�a Congress. Letter from Mr. and Mrs. Forest Smith re Epee oat races. Letter from Wm. A. Kar re e eac Roamer. Letter from the League o Civic ssocaat onS. The Clerk presented a letter from Wm. A. Kirk, 1208 East Balboa Boulevard, Balboa, requesting, on behalf of his mother, that action be taken about the noise emanating from a beer parlor across the street from the Balboa Inn. The City Manager announced that the subject beer parlor had been closed as of 6:00 P.M., October 14, 1957. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, said letter was ordered filed. The Clerk presented a letter from Edward T. Healy, Chairman of the League of Civic Associations, commending City officials for processing the removal of the Standard Oil above - ground storage tanks from Balboa Boulevard and out of the City; supporting the Council and Planning Commission for "cracking down on infractions and violations of our Zoning Ordinances;" suggesting the Council R -4690 adopted, re renewal of Lease etween the City and tFe—TIFF Scout Assoc aataon o Newport Harbor. Letters __opp_osin removes o — are stati_,. _ -- on Ba oa s and, Letter from H. I. Barnes re Caty main_ ,rater ane . Invitation to attend 34th annual eracan dun c�a Congress. Letter from Mr. and Mrs. Forest Smith re Epee oat races. Letter from Wm. A. Kar re e eac Roamer. Letter from the League o Civic ssocaat onS. lease a mechanical beach cleaner; opposing, and requesting a Council statement, regarding any further expansion of the Trailer Park and further requesting that this "last piece of City property be 'earmarked for parking and recreational facilities;" enclosing a letter commending Lifeguard Captain Robert Moore and his staff for the performance of jobs well done. On motion of Councilman Stoddard, seconded by Councilman Hart and carried, said letter was ordered.filed. In reply to the question asked by Mr. Healy from the audience as to what the Council intended to do about the statement, he was informed that the Council was awaiting a report from Mr. Faustman in regard to use of property in subject area. Copies of Alcoholic On motion of Councilman Hart, seconded by Councilman Wilder Beverage License. and carried, the following communications were ordered filed: Charles 0. Fink. Copy of Application for Transfer of Alcoholic Beverage License, person to person transfer of on -sale beer, Charles 0. Fink, Charlie Browns, 109 Palm Street, Balboa. Merle F. Afflerbaugh, Copy of Application for Transfer of Sea anty. Alcoholic Beverage License, premise to premise, transfer of on -sale general, Merle F. Afflerbaugh, from 2344 East Coast Highway, Corona del Mar, to the Sea Shanty, 630 - 31st Street, Newport Beach. Jay's Cafe. Copy of Application for Transfer of Alcoholic Beverage License, person to person transfer of on -sale beer, Judy L. and Jay R. Stottlemyre, Jay's Cafe, 507 East Bay Avenue, Balboa. An elo M. Genco Copy of Application for Alcoholic T e Gang Beverage License, on -sale beer, Angelo M. Genco, The Gang Plank, 2110 Ocean Front, Newport Beach. Discussion re On motion of Councilman Hart, seconded by Councilman Ridderhof Irvine Terrace and carried, a letter was ordered filed from Tom Norton, Chairman of Ta_rR__7 the Parks, Beaches and Recreation Commission, stating that said Commission has accepted the recommendations of the Parks, Beaches and Recreation Director regarding the proposed landscaping of the "Irvine Terrace'Park." The City Manager stated that the development of the park was subject to a Use Permit which is to be heard by the Planning Commission on October 17, 1957. Councilman Stoddard noted that the implication in the memorandum regarding the recommendations of the Parks, Beaches and Recreation Director was that it might be necessary to provide additional staff to care for the proposed park. He was curious as to the extent of the gardening necessary. Mr. William Spurgeon spoke from the audience and stated that The Irvine Company would install a. sprinkling system, restrooms, a fenced area for equipment, and plantings. He stated that, at this time, 120,000 ice plants had been planted. Councilmen Ridderhof and Wilder, and Mayor Hill stated that they would be glad to approve of the additional expense required to maintain the proposed park. Chamber of Commerce letter re Regatta. The Clerk presented a letter from Mark Engelke, President of the West Newport Improvement Association, in regard to a proposed plan to condemn Pacific Electric property between 30th and 32d Streets, stating that the Association feels that providing parking for shopping districts and their employees is the business of the merchants, not the City's taxpayers. On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, the letter was referred to the City Manager who was requested to write Mr. Engelke and express the Council's thinking in regard to this matter. Councilman Wilder stated that they were awaiting a report from Mr. Faustman in regard to the best use of the property involved. On motion of Councilman Wilder, seconded by Councilman Ridderhof and carried, a letter was ordered filed from William L. O'Bryon, President of the Newport Harbor Chamber of Commerce, expressing appreciation for cooperation of City officials in making possible the Newport Harbor Inboard Championship Regatta. The City Manager was instructed to write Mr. O'Bryon and inform him that an informal poll of the Council had been taken and that the Council was in favor of this type of Regatta. The Clerk presented a letter from Judge and Mrs. Maurice C. Sparling appealing from the decision of the Planning Commission in denying Application for Variance No. 407, to permit the construction of an extension to a second story to within 2 -1/2 feet of the rear property line at 306 Diamond Avenue, Balboa Island; Lot 4, Block 14, Section 3, Tract Balboa Island, Zone R -2. Councilman Higbie stated that the situation involved in this application was similar to the one previously presented during the meeting, in regard to which the Council had reversed the decision of the Planning Commission. On motion of Councilman Wilder, seconded by Councilman Ridderhof and carried, the matter was set for public hearing on October 28, 1957. J The City Clerk - Treasurer informed the Council that as City Clerk - Treasurer Treasurer, she had received a letter transmitting a check from the in o- -gmad Counca" re California Bank in the amount of $14,437.50 from the property owners receipt o ,_3 .50 involved in the abandonment of Bay Avenue, easterly from C Street i con onnection wit to G Street; that the funds represent a contribution to the City of vacation of ay venue. Newport Beach for the fund to be administered by it for public im- ' provements for the benefit of property owners on Balboa Peninsula easterly of Main Street. On motion of Councilman MacKay, seconded by Councilman Stoddard and carried, the letter was ordered filed. The Clerk presented a letter from Conchita Parlor No. 294, Request of Native Native Daughters of the Golden West, requesting that October 23, Daug tars o t e Golden 1957, be proclaimed as 1°United States Day" by Mayor Hill. On M& to aim motion of Councilman Stoddard, seconded by Councilman Wilder and 0 er 23 "United carried, said letter was referred to Mayor Hill. States Day. On motion of Councilman Wilder, seconded by Councilman MacKay Compliment letter from and carried, a letter was ordered filed from Felix A. Banks, 900 Felix A. ganks. South Bay Front, Balboa Island, commending City officials for the smart and effective manner in which they handled the late summer weekend disturbances at Park and Marine Avenues. Mr. Banks' letter was very much appreciated and the City Manager was instructed to inform the Police Department of said letter. An Order Instituting Investigation and Interim Order Therein, Public Utilities Case No. 5979, before the Public Utilities Commission of the State Commission ase No. of California, relating to requirement that certain motor vehicles 9 must stop at railway grade crossings, was presented. On motion of Councilman Hart, seconded by Councilman Stoddard and carried, the matter was referred to the Acting City Attorney. A Final Report of the Citizens Traffic and Transportation Final Reort of Citi -?en- Committee for the Extended Los Angeles Area, was presented and Tr=a lc an raps- ordered filed, on motion of Councilman Wilder, seconded by Council- 2ortation Committee., ' man Stoddard and carried. The Clerk stated that she had received a letter from the Re Certificate of County Recorder stating that in the future it would be necessary to e o e Acceptanc t attach a Certificate of Acceptance to each Deed conveying any attar ed to each Deed. interest or easement upon real estate to a political corporation. A form for this purpose, approved by the Acting City Attorney, prepared in accordance with the Government Code, was brought to the attention of the Council. The Clerk presented Resolution No. 4697, authorizing the Mayor R -4697, re agreement and City Clerk to execute an agreement on behalf of the City with witl[rs. Dor" ot�iy harry Mrs. Dorothy Harry, for the use of the property she proposes to re use o1fopertty ro- to the City, or the proceeds of the sale thereof, or the e o�sec -to- e donate for property exchanged therefor, for the acquisition of a building Corona del mar public site for a public library in the immediate vicinity of the 400 library. block of Marigold and Narcissus, Corona del Mar. Councilman Hart made a motion to adopt Resolution No. 4697, which was seconded by Councilman MacKay. A discussion was had and Mr. Robert Hurwitz, Secretary of the Board of Library Trustees, spoke from the audience, expressing the appreciation of the Board to Mrs. Lloyd Furnace (nee Mrs. Dorothy Harry) for her generous offer and for her recognition of a need for a larger public library in Corona del Mar. Mayor Hill stated that the Council and the City were also very grateful to Mrs. Harry. A roll call vote was taken on Councilman Hart's motion to adopt Resolution No. 4697, which carried by the following vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Mayor Hill nominated Councilmen Stoddard, Wilder and Hart Committee appointed to to work with the City Manager in negotiation for the acquisition 70-r7—W.FM City Manager of five additional lots in the vicinity of the Corona del Mar n�giation tor t ee fire station for the proposed Corona del Mar library site. On o ive motion of Councilman Stoddard, seconded by Councilman Hart and �acq�uisition add.tiona ots re carried, the Mayor's appointment of said Councilmen to said 2roposed library site. committee was approved. It was stated that the Council intended to move as rapidly as possible for the acquisition of the additional five lots and that the money for said acquisition would be obtained from the Capital Outlay Surplus Fund. The Clerk presented Resolution No. 4698, accepting and R -4698, accepting and approving a Grant Deed from Mrs. Harry of the property mentioned a ro— vi g Gant eed above, and directing the City Clerk to have said document trom Mrs. Harry. recorded. On motion of Councilman Wilder, seconded by Council- man Stoddard and carried, Resolution No. 4698 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None �.�rS..: Discussion re ear- A discussion was had regarding the earmarking of donations for mar ang of onat ons the specified purpose of acquiring the building site in Corona del or ac u rin the Mar for a public library,, and the preparation of a form for the bui ng site in' acceptance of donations to enable the donors to take advantage of Cor- nnn del Fear for a an income tax deduction. On motion of Councilman Stoddard; seconded public library. by Councilman Wilder and carried, the City Manager and the Acting City Attorney were instructed to prepare a form for the acceptance of gifts for the aforementioned purpose and to have said form available for the Board of Library Trustees at its next meeting. Ma or Hill author - On motion of Councilman Stoddard, seconded by Councilman Hart 3.; to write a or and carried, Mayor Hill was authorized to write a letter to the Mayor o San Diego ANN: of San Diego congratulating him on the progress he is making in the research on sal research on salt water conversion; further stating that it was the water conversion. opinion of the Council of the City of Newport Beach that this offers D. Luebbert 2 skill a solution to the City's own problem; and further stating that the Council will stand ready to join with him in any program that appears reasonable. John S. Ervin on- Application for License of John S. Ervin, 1730 LICENSES Licenses: On motion of Councilman Stoddard, seconded by Councilman MacKay Ralp Myers Jr., and carried, the following Applications for License were. approved: L. Fredriksen Application for License of Lawrence Fredriksen, private watc an. 186 Cabrillo, Costa Mesa, private watchman protecting personal property, residences, property Exem t License of S. A. under construction and business establishments. D. Luebbert, one Application for License of Dick Luebbert, dba s a game, Anchor Golden West Amusement Co., 1958 Raymond, Costa Mesa, Cove. for 1 skill game, (miniature pool ,table), Anchor Cove, 2805 West Coast Highway, Newport Beach. D. Luebbert 2 skill Application for License of Dick Luebbert, dba games, Re a s. Golden West Amusement Co., 1958 Raymond, Costa Mesa, for 2 skill games, (1 miniature pool table and 1' shuffle alley), Rebel's, 2911 -13 Newport Boulevard, Newport Beach. John S. Ervin on- Application for License of John S. Ervin, 1730 sae beer an pac aged East Ocean Front, Balboa, for on -sale beer and foods,- Rebel's. packaged foods only, Rebel's, 2911 -13 Newport Boulevard, Newport Beach. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, the following Applications for License were approved: Exempt License Application for Exempt License of .Ralph M. Myers, Ralp Myers Jr., Jr., Newport Beach United Fund, P. 0. Box 425, New ort beach Unite Corona del Mar, for house to house soliciting Fu of funds for the Newport Beach United Fund Drive, to be conducted October 15 to December 15, 1957. Exem t License of S. A. Application for Exempt License of Samuel A. isinic is a ower Lisinichia, 215 Atlantic Avenue, Long Beach, for Lig is ospe issaon.' house to house soliciting of funds for "The Lower Lights Gospel Mission," 526 East Fifth Street, Los Angeles. Exempt License, E. N. Application for Exempt License (Interstate Ra e, sa e o oocs. Commerce) of Edward N. Riddle, 287 Bluebird Canyon Drive, Laguna Beach, for house to house soliciting for the sale of books "Our. Wonderful World," 1706 South Wabash, Chicago; local address Sears, Roebuck & Co., 1600 East Holt, Pomona. Licenses denied: On motion of Councilman Wilder, seconded by Councilman Stoddard and carried, the following Application for License and the Application for Transfer of Location of Business were denied in view of the fact that the business, The Beach Roamer, was closed as of 6:00 P.M. this evening and that the applicant has not complied with all the require- ments of the Business License Ordinance: H. Duensing 1 skill Application for License of Harry Duensing, dame, T e Beac Newport - Balboa Music Co., P. 0. Box 622, Roamer. Balboa, for one skill game, (pool table), The Beach Roamer, 104 Main Street, Balboa. H. Duensing, transfer Application for Transfer of Location of I__ I f— ame rof— m Business, License No. 1488, of Harry Duensing, easport an ing to The Newport - Balboa Music Co., P. 0. Box 622, Beach Roamer. Balboa, for transfer of 1 skill game, (bowler), from Seasport Landing, 2633 West Coast Highway, Newport Beach, to The Beach Roamer, 104 Main Street, Balboa. 7 F On motion of Councilman Wilder, seconded by Councilman MacKay and carried, the following described Application for License was approved: Application for License of John Morford, 421 John Morford, portable Diana Place, Fullerton, for portable food food s Wf9r! vice. stand service to Pfahler Manufacturing Corporation and S. R. Clark Plumbing Co. Applicant was serving these companies prior to annexation of the property to the City of Newport Beach. The two companies submitted letters of request for the con- tinuance of this service. On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, the following described Application for License was approved: Application for License of Dessie Robb, Dessie Robb, sale of 9062 Helm Avenue, Route #3, Santa Ana, vonPr®�ubc for house to house soliciting for the sale of Avon Products. Mayor Hill declared a five minute recess at this time. Recess. The Council reconvened with Councilmen Wilder and MacKay absent. ADDITIONAL BUSINESS On motion of Councilman Stoddard, seconded by Councilman Re concrete bulkhead Ridderhof and carried, the plans and specifications for the on Central Avenue. construction of a concrete bulkhead on Central Avenue were Bids to be received presented and approved, and the City Clerk was authorized to on November 17, advertise for bids to be received on November 12, 1957. On motion of Councilman Stoddard, seconded by Councilman Re reinforced concrete Hart and carried, the plans and specifications for the furnishing storm drain pipe on and installing of reinforced concrete storm drain pipe on Bayside Ba sx a Dr ve. aos to Drive were presented and approved, and the City Clerk was authorized be received on Novem er to advertise for bids to be received on November 12, 1957. , On motion of Councilman Stoddard, seconded by Councilman Re resurfacin o£ cer- Ridderhof and carried, the plans and specifications for the to n streets an C Irk resurfacing of certain streets in the Cliff Haven area were pre- Haven area. 91dS to be sented and approved, and the City Clerk was authorized to rece ve on Novem er advertise for bids to be received on November 12, 1957. , Councilmen MacKay and Wilder rejoined the meeting at this time. The City Manager recommended that the following police officers be especially commended for their excellent performance of duty in connection with the apprehension of the persons who committed the armed robbery at the All American Market on September 20, 1957: Edward H. Glasgow, Curtis B. Sissel, Gerald B..Irwin, Chester T. Curry, Robert J. Brockie and Justin A. Epstein. On motion of Councilman Stoddard, seconded by Council- man Ridderhof and carried, the City Manager was instructed to commend said police officers for their excellent work and to make note of the matter in their personnel files. A discussion was had regarding the necessity for checking public and private school busses to insure the safety of children On motion of Councilman Stoddard, seconded by Councilman MacKay and carried, the City Manager and the Acting City Attorney were instructed to investigate the school bus situation in Newport Beach to find out whether or not adequate inspection is made by the school districts; to see if there is any necessity for the City to take action to inspect, or to have inspected, school busses, both public and private. Ordinance No. 831, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 3 OF ARTICLE IX BY DELETING AND REPEALING SUBSECTION (d) OF SECTION 9103.62 AND SUBSECTION (d) OF SECTION 9103.72 OF THE MUNICIPAL CODE OF THE CITY OF NEWPORT BEACH, (deleting certain sections of the Municipal Code referring to storage of inflammable liquids in order that the Zoning Ordinance will coincide with the Fire Prevention Code), was presented for. second reading and public hearing. Mayor Hill declared the meeting open for any protests. No protests were received, and on motion of Councilman Hart, seconded by Councilman Wilder and carried, the hearing was closed. On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, the second reading of Ordinance No. 831 was waived. On motion of Councilman Stoddard, seconded by Councilman Hart and carried, Ordinance No. 831 was adopted by the following roll call vote, to wit: Commending certain po�bc— o gce arms ro ery at All American Market. Discussion regarding c eii %Deng pu��ic awn private school usses. Ordinance No. 831. Re storage_ of in- flammable liqulds. F, V Re adopting Uniform Building Code, 55 F3ition. AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 8100 TO PROVIDE FOR THE ADOPTION OF THE UNIFORM BUILDING CODE, 1955 EDITION; AMENDING SECTIONS 8105, 8106, 8108, 8114, 8115 AND 8116 PROVIDED FOR THE FEES AND INSPECTION FOR PLASTERING AND CHIMNEY WORK; ADDING SECTIONS 8100.1, 8100.2, 8100.3 AND 8106.1 AND REPEALING SECTIONS 8103, 8109, 8110, 8111 AND 8112 OF CHAPTER 1 OF ARTICLE VIII OF THE MUNICIPAL CODE OF THE CITY OF NEWPORT BEACH, AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof; Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Ordinance No. 832. Ordinance No. 832, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 3122 AND 3124 OF CHAPTER 1 OF ARTICLE III OF THE MUNICIPAL,CODE OF THE CITY OF NEWPORT BEACH, (Stora eeoof in- (prohibiting storage of inflammable liquids in outside above - ground iamma a squids in tanks, amending Fire Prevention Code in accordance with Ordinance No. outsicTe ao_v_e -groun 831 above mentioned), was presented for second reading and public tan s , amending hearing. Mayor Hill declared the meeting open for protests., No FIN reventi.on Code. protests were received, and on motion of Councilman Hart, seconded by Councilman Wilder and carried, the hearing was closed. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, the second reading of Ordinance No. 832 was 'waived. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, Ordinance No. 832 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder; MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Ordinance No. 830. Ordinance No. 830, as rewritten, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 5 OF ARTICLE IX BY ADDING SECTION 9105.4(h) ENTITLED "SWIMMING POOLS" TO THE MUNICIPAL CODE OF THE CITY OF NEWPORT BEACH, Discussion re was presented. On motion of Councilman Wihbr, seconded by Councilman swimming pool MacKay and carried, the former action of the Council in passing Ordinance ordinance. No. 830 to second reading and setting it for public hearing on October 14, 1957, was rescinded. On motion of Councilman Wilder, seconded by Councilman Hart and carried, the first reading of Ordinance No. 830, as rewritten, was waived. Councilman Ridderhof made a motion, which was seconded by Councilman Wilder, to pass Ordinance No. 830, as rewritten, to second reading and set for public hearing on October 28, 1957. Councilman Stoddard pointed out what he considered conflicting regulations in the proposed ordinance with existing conditions and restrictions in . other ordinances. He stated that this ordinance makes it mandatory to have a 5' fence enclosing it, but other ordinances prohibit the construction of a 5' fence in a front yard. He also pointed out that . the measurement of depth would be difficult; and that it seemed the Planning Commission, through this ordinance, would be permitted to determine protective devices which under the Code would be a prerogative of the Building Department. Mr. J. W. Drawdy spoke from the audience and stated that as far as his knowledge of swimming pools in the City of Newport Beach was concerned, he was of the opinion that most, if not all, the swimming pools could be fenced.in compliance with the requirements of Ordinance No. 830. The Acting City Attorney stated that if variances were needed to make certain swimming pool structures and fencing legal, the matter could be brought before the Planning Commission. Councilman Stoddard stated that allowing somebody to request a variance was not guaranteeing him a successful application, and therefore the ordinance would seem inconsistent in ethics. Council- man Ridderhof stated that he thought that even though the ordinance was not perftect, it was desirable to have it on the books since the protective measures were necessary. Mr. Bunster Creely spoke from the audience and stated that he was of the opinion the ordinance was too restrictive and might work a hardship on certain people who have constructed pools not in compliance with said ordinance. It was agreed that further discussion regarding the inconsistencies in the ordinance could be discussed in a public hearing and anyone who wished to discuss the matter would be welcome to ap$ear at that time. A roll call vote was taken on Councilman Ridderhof s motion to pass Ordinance No. 830, as rewritten, to second reading and public hearing, which carried by the following vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Ordinance No. 834. Mayor Hill declared the meeting open for a public hearing in Public hearing. connection with Ordinance No. 834, being Re adopting Uniform Building Code, 55 F3ition. AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 8100 TO PROVIDE FOR THE ADOPTION OF THE UNIFORM BUILDING CODE, 1955 EDITION; AMENDING SECTIONS 8105, 8106, 8108, 8114, 8115 AND 8116 PROVIDED FOR THE FEES AND INSPECTION FOR PLASTERING AND CHIMNEY WORK; ADDING SECTIONS 8100.1, 8100.2, 8100.3 AND 8106.1 AND REPEALING SECTIONS 8103, 8109, 8110, 8111 AND 8112 OF CHAPTER 1 OF ARTICLE VIII OF THE MUNICIPAL CODE OF THE CITY OF NEWPORT BEACH, (providing for.the adoption of the Uniform Building Code, 1955 Edition). There being no protests, on motion of Councilman Wilder, seconded by Councilman MacKay and carried, the hearing was closed. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, the second reading of Ordinance No. 834 was waived. On motion of Councilman Wilder, seconded ' by Councilman Hart and carried, Ordinance No. 834 was adopted by the following roll call vote, to wit: I1 .}'. e Ordinance No. 834 a opte . AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Mayor Hill declared the meeting open for a public hearing Hearin held re R -4691 regarding Resolution No. 4691, being a Resolution of Intention Re— so%att on ntnine= to.annex "Acacia Street Annex." Since no protests were presented, toannex_ c7 S`reu-; on motion of Councilman Wilder, seconded by Councilman Hart and Annex." carried, the hearing was closed. The Clerk presented Application for Resubdivision (No. 57) of George W. Bryant, 435 Via Lido Soud; Lot 30, except westerly 5' thereof, Tract No. 907, R -1; realignment of property lines to form two legal building sites; approved by the Planning Commission. On motion of Councilman Wilder, seconded by Council- man MacKay and carried, said application was approved. On motion of Councilman Wilder, seconded by Councilman Hart and carried, the following described Fund Transfer was approved: Fund Transfer No. 57- 58 -45, a cash advance from the General Fund to the Water Bonds 1957 Construction Fund and appropriation from the Water Bonds 1957 Construction Fund Surplus to the appropriate budget, in the amount of $20,000, to provide for the services of .tames M. Montgomery in accordance with his contract with the City. The Clerk presented Appropriation Transfer No. 57 -58 -46 from the Community Promotion - Miscellaneous Promotion, Account 1184, to Community Promotion - Conference and Travel, Account 1136, in the amount of $210,to provide for one -half of estimated costs of attendance of three representatives of the Employees' Association at two conferences during the 1957 -58 fiscal year. On motion of Councilman Hart, seconded by Councilman MacKay and carried, said Appropriation Transfer was approved, and the Council found that said appropriation for conference and travel expense was in the public interest. On motion of Councilman Wilder, seconded by Councilman Hart and carried, the expenses of the City Manager incurred through Attendance at the League of California Cities' Conference, September 22 through 25, 1957, were authorized. Application for Resub- division No. George W. Bryant. Fund T- °ansfer. No. 57- 58 -45. A ro riation Transfer R . 5 - - Expenses of City Mgr. at Lea gue ob Ca g orm. Cities — Conference - authorized. On motion of Councilman Hart, seconded by Councilman Wilder Authorization for re- and carried, authorization was given for the reimbursement of the im ursement o—F expense - -- members of the Council for expenses incurred through attendance o 'Councif at League 31 at the League of California Cities Conference, September 22 California Cities - -- through 25, 1957. Con erence. Upon the recommendation of the Public Works Director, the Final Map of Tract No. Final Map of Tract No. 3277 located between Newport Bay and Bayshore 3211 approved. Drive (Bay Shores), was approved, and the City Clerk was authorized to sign said map, on motion of Councilman Wilder, seconded by Councilman Stoddard and carried. The City Manager's report on "Financing of Sewer System Discussion re sewer Operations by Means of a Sewer Service Charge" was presented. A service charge. discussion was had regarding a similar study being made for a proposed trash and garbage collection charge before final action is taken on the proposed sewer service charge. The advisability of including, in the future, the charges for sewer service and garbage and trash collection under the City tax was discussed. It was brought out by Mr. Leslie Petersen, who spoke from the audience, that if the charges could be placed on the tax bills, an income tax savings would result to the taxpayer. Ordinance No. 837, being Ordinance No. 837. AN ORDINANCE OF THE CITY OF NEWPORT BEACH Approving 1 °.Acacia APPROVING THE ANNEXATION TO THE CITY OF Street Annex..1 NEWPORT BEACH OF CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO THE CITY OF NEWPORT BEACH AND KNOWN AS "ACACIA STREET ANNEX," was presented. On motion of Councilman Stoddard, seconded by Ordinance No. 837 Councilman Wilder and carried, the first reading of Ordinance No. passed to s� econU —read- 837 was waived. On motion of Councilman Stoddard, seconded by ang. Councilman Wilder and carried, Ordinance No. 837 was passed to second reading by the following roll call vote, to wit: ' AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None The Clerk presented Application for Resubdivision (No. 57) of George W. Bryant, 435 Via Lido Soud; Lot 30, except westerly 5' thereof, Tract No. 907, R -1; realignment of property lines to form two legal building sites; approved by the Planning Commission. On motion of Councilman Wilder, seconded by Council- man MacKay and carried, said application was approved. On motion of Councilman Wilder, seconded by Councilman Hart and carried, the following described Fund Transfer was approved: Fund Transfer No. 57- 58 -45, a cash advance from the General Fund to the Water Bonds 1957 Construction Fund and appropriation from the Water Bonds 1957 Construction Fund Surplus to the appropriate budget, in the amount of $20,000, to provide for the services of .tames M. Montgomery in accordance with his contract with the City. The Clerk presented Appropriation Transfer No. 57 -58 -46 from the Community Promotion - Miscellaneous Promotion, Account 1184, to Community Promotion - Conference and Travel, Account 1136, in the amount of $210,to provide for one -half of estimated costs of attendance of three representatives of the Employees' Association at two conferences during the 1957 -58 fiscal year. On motion of Councilman Hart, seconded by Councilman MacKay and carried, said Appropriation Transfer was approved, and the Council found that said appropriation for conference and travel expense was in the public interest. On motion of Councilman Wilder, seconded by Councilman Hart and carried, the expenses of the City Manager incurred through Attendance at the League of California Cities' Conference, September 22 through 25, 1957, were authorized. Application for Resub- division No. George W. Bryant. Fund T- °ansfer. No. 57- 58 -45. A ro riation Transfer R . 5 - - Expenses of City Mgr. at Lea gue ob Ca g orm. Cities — Conference - authorized. On motion of Councilman Hart, seconded by Councilman Wilder Authorization for re- and carried, authorization was given for the reimbursement of the im ursement o—F expense - -- members of the Council for expenses incurred through attendance o 'Councif at League 31 at the League of California Cities Conference, September 22 California Cities - -- through 25, 1957. Con erence. Upon the recommendation of the Public Works Director, the Final Map of Tract No. Final Map of Tract No. 3277 located between Newport Bay and Bayshore 3211 approved. Drive (Bay Shores), was approved, and the City Clerk was authorized to sign said map, on motion of Councilman Wilder, seconded by Councilman Stoddard and carried. The City Manager's report on "Financing of Sewer System Discussion re sewer Operations by Means of a Sewer Service Charge" was presented. A service charge. discussion was had regarding a similar study being made for a proposed trash and garbage collection charge before final action is taken on the proposed sewer service charge. The advisability of including, in the future, the charges for sewer service and garbage and trash collection under the City tax was discussed. It was brought out by Mr. Leslie Petersen, who spoke from the audience, that if the charges could be placed on the tax bills, an income tax savings would result to the taxpayer. Discussion re estab- A discussion ensued as to who the rightful owner of the $7,000 cash lishing httul bond would be. It was the Acting City Attorney's opinion that the matter owner o cash should probably be determined in Court action since Dr. Forbes Farms, on (Tract No. ZU9b, Inc., is defunct. On motion.of Councilman Stoddard, seconded by Council- Linda Isle). man Hart and carried, it was established that it is the intention of the Council to release the $7,000 cash bond to the rightful owner. Appropriation Request. On motion of Councilman Stoddard, seconded by Councilman MacKay '= and carried, the following Appropriation Request was approved: A. R. No.. Appropriation Request No. 57- 58 -47, from Surplus - Water Fund to Water Administration - Comp. Liability and Water Administration - Comp. Fleet Liability, in the amount'of $2,139.99; additional budget appropriation from Water Fund Surplus to provide for costs of liability insurance not provided for in original budget estimates. Appropriation Request. On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, the following Appropriation Request was approved A. R. No. 57- 58 =52. Appropriation Request No. 57- 58 -52, from Council - Expense, N.O.C., to Insurance - Compensation, in the amount of $1,377:48; additional funds needed for compensation insurance per final audit for 1956 -57; original budget underestimated. Fund Transfer. On motion of Councilman MacKay, seconded by Councilman Stoddard and carried, the following Fund Transfer was approved: F. T. No. 57- 58 -54. Fund Transfer No. 57- 58 -54, $2600, from Council Expense, N.O.C., General 'Fund, ' to Regular Salaries - Trailer'Park Fund, for Groundsman - Gardener I, Marinapark. Councilman Wilder left the meeting at this time. Resort on sewer service On motion of,Councilman Stoddard, seconded by Councilman Hart c arge accepte and carried, the Couincil accepted the report and method of financing Stu an re ort order- suggested by the City Manager, and ordered that a study and report be ed on charge re trash. made on a similar charge to equalize trash and garbage collection. Request of G. Berk The Clerk'presented the request of G. Berk Kellogg for permission ' Ke ogs or rermission to use City property for ingress and egress to his property by way of to use City property a ramp, as outlined in plans submitted; Lot 1, Tract No. 1257; 3309 for ingress and egress Ocean Boulevard, Corona del Mar. On motion of Councilman Stoddard, to his property. seconded by Councilman Higbie and carried, vehicular access to Lot 1, Tract No. 1257, over the unimproved portion of Ocean Boulevard was approved as shown on plans for residence heretofore submitted by Mr. and Mrs. G. Berk Kellogg, conditioned that the topmost portion of the roof of the proposed residence and garage be no higher than the average elevation of the curb on Ocean Boulevard, in front of said structure. It was the recommendation of the Public Works Director that the plans be stamped to indicate the action of the Council taken at this time and that they be filed in the Building Department. Ordinance No. 838. Ordinance No. 838, being AN ORDINANCE CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF NEWPORT BEACH, Zonin "Su erior "Superior Avenue Annex" from "U" to "M -1 -A „” was presented. On venue nnex. rr motion of Councilman Hart, seconded by Councilman MacKay and carried, the first reading of Ordinance No. 838 was waived. On motion of Councilman MacKay, seconded by Councilman Hart and carried, Ordinance No. 838 was passed to second reading and set for public hearing on October 28, 1957, by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, MacKay, Stoddard, Higbie, Ridderhof,, Hill , NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder R -4699, re agreement_ The Clerk presented Resolution No. 4699, authorizing the Mayor and wig TTie Irvine City Clerk to execute an agreement between The Irvine Company and the ompan or improve- City, setting forth improvements for Tract No. 2096 (Linda Isle) and ' ments in Tract No. contingent upon The Irvine Company's furnishing a $30,000 subdivision (Linda Isle). bond for said improvements. The Public Works Director stated that The Irvine Company had submitted the $30,000 bond guaranteeing the improve - ments in said Tract. He stated that he had for return to the rightful owner, a $7,000.cash bond which had been submitted by Dr. Forbes Farms, Inc. On motion of Councilman'MacKay, seconded by Councilman Stoddard and carried, Resolution No. 4699 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder Discussion re estab- A discussion ensued as to who the rightful owner of the $7,000 cash lishing httul bond would be. It was the Acting City Attorney's opinion that the matter owner o cash should probably be determined in Court action since Dr. Forbes Farms, on (Tract No. ZU9b, Inc., is defunct. On motion.of Councilman Stoddard, seconded by Council- Linda Isle). man Hart and carried, it was established that it is the intention of the Council to release the $7,000 cash bond to the rightful owner. Appropriation Request. On motion of Councilman Stoddard, seconded by Councilman MacKay '= and carried, the following Appropriation Request was approved: A. R. No.. Appropriation Request No. 57- 58 -47, from Surplus - Water Fund to Water Administration - Comp. Liability and Water Administration - Comp. Fleet Liability, in the amount'of $2,139.99; additional budget appropriation from Water Fund Surplus to provide for costs of liability insurance not provided for in original budget estimates. Appropriation Request. On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, the following Appropriation Request was approved A. R. No. 57- 58 =52. Appropriation Request No. 57- 58 -52, from Council - Expense, N.O.C., to Insurance - Compensation, in the amount of $1,377:48; additional funds needed for compensation insurance per final audit for 1956 -57; original budget underestimated. Fund Transfer. On motion of Councilman MacKay, seconded by Councilman Stoddard and carried, the following Fund Transfer was approved: F. T. No. 57- 58 -54. Fund Transfer No. 57- 58 -54, $2600, from Council Expense, N.O.C., General 'Fund, ' to Regular Salaries - Trailer'Park Fund, for Groundsman - Gardener I, Marinapark. n 0 On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, the meeting was adjourned to 11:00 A.M on October 16, 1957. ; � � Mayor ATTEST: I'M 0 October 16, 1957 The City Council of the City of Newport Beach met in adjourned regular session in the Council Chambers of the City Hall at the hour of 11:00 A.M. The roll was called, the following members being present: Councilmen Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof and Hill. The Clerk presented and read the title of Ordinance No. 835, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH, CALIFORNIA, PROVIDING FOR THE ISSUANCE OF BONDS OF SAID CITY IN THE AMOUNT OF $1,780,000. On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried unanimously, the second reading of Ordinance No. 835 was waived by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None On motion of Councilman Stoddard, seconded by Councilman Wilderand carried, Ordinance No. 835 was adopted by the following roll call vote, to wig: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None ma Meeting aid °ourned to 1. A °N�Octo er 16. Adjourned regular session. Roll call. Ordinance No. 835. Providing for issuance o Bras in the amoun of $1, /Fi0,0U0. Second reading waived. Ordinance No. 835 a opts E. This being the time and place fixed for the opening of bids Opening, of bids. for the $1,780,000 bonds of the City of Newport Beach, California, designated WATER BONDS, 1957, and numbered 1 to 1,780, inclusive, the following bids received pursuant to the notice of sale were publicly opened, examined and read: Bank of America N.T. & S.A. and Associates bid par, accrued Bid of Bank of America interest to date of delivery and a premium of $1.00 for bonds N.T. & S. A. an bearing interest payable annually the first year and semiannually Associates. thereafter at the rates of: Rate Years 5-17'4% T=to 1964 3 °3/4% 1965 to 1973 4% 1974 to 1982 Security -First National Bank of Los Angeles and Associates bid par, accrued interest to date of delivery and a premium of $1.00 for bonds bearing interest payable annually the first year and semiannually thereafter at the rates of: Rate Years 5�% T938 —to 1962 40/ 1963 to 1968 303/4% 1969 to 1974 3.90% 1975 to 1977 4% 1978 to 1982 California Bank - Manager; First of Michigan F. Hutton & Co.; Paine, Webber, Jackson & Curtis; & Co.; Weeden & Co.; Dempsey- Tegeler & Co.; J. B. par, accrued interest to date of delivery and a p bonds bearing interest payable annually the first thereafter at the rates of: Bid of "ecurity -First Nat3_ona Ban of Los Ange es and .ssociaces. Corporation; E. California Bank bid. Shearson, Hammill Hanauer & Co. bid remium of $410 for year and semiannually