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HomeMy WebLinkAbout10/28/1957 - Regular MeetingExcerpt from minutes An excerpt from the minutes of the Boundary Commission, stating o. B� o– udn ary�om fis_s_ion that the boundaries of the proposed "Jamboree Road Annex" are reasonably re am oree Rom— definite and certain "as corrected by the County Surveyor's office nex. although the annexation does not cut property lines logically," was ordered filed on motion of Councilman MacKay, seconded by Councilman Wilder and carried. R -4702 ado t ed October 28, 1957 Regular session. The City Council of the City of Newport Beach met in regular session Intention to annex 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: Councilmen Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof and Hill. Approval of On motion of Councilman Stoddard, seconded by Councilman Higbie minutes, and carried, the reading of the minutes of October 14, 1957, and October 16, 1957, was waived, and the minutes were approved as written and ordered filed. Public hearin re Mayor Hill opened the meeting for a public hearing regarding an A�3.cation or appeal from the decision of the Planning Commission denying Application Variance No�+�7i for Variance No. 407 to permit the construction of an extension to a Ju ge an Mrs. second story to within 2 -1/2 feet of the rear property line at 306 Maurice C. Sparling. Diamond Avenue, Balboa Island; Lot 4, Block 14, Section 3, Tract Balboa Island, Zone R -2. The Clerk announced that notice of hearing had been duly published and posted. She read a letter from Judge and Mrs. Maurice. C. Sparling, stating that the proposed construction would merely add to the livability of their home and all affected neighbors had approved of the requested variance. The Clerk read the memorandum from the Planning Commission in which it is stated that the Commission found 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 detrimental to the public welfare.' Judge. Sparling spoke from the audience and stated that on July 19 his wife and their architect had called at the Building Department to discuss the proposed overhang,.and they had been assured, at that time, that the granting of the variance would be a routine matter. Councilman - Hart commented that he was of the opinion that the Code should be changed inasmuch as the use of the land for similar encroachments would not be detrimental to the public safety. Councilman Stoddard brought out the fact that, during the discussion of an application for variance at the Council meeting held October 14, some of the Councilmen were of the opinion that insufficient publicity had been given to the fact that the Planning Commission was no longer granting variances of this type, and that Judge Sparling had made his application in the 'twilight" period of the granting of this type of variance. Councilman Higbie stated the variance should be granted to allow the best use of the small lot. On motion of Councilman Wilder, seconded by Councilman Stoddard and carried, the hearing was closed. Since Councilman MacKay believed insufficient publicity had been given to the change in the Planning Commission's policy, he made a motion that Variance No. 407 be granted and that it be found that the granting of said variance would not adversely affect the health, safety and welfare of persons residing or working in the neighborhood. Councilman Stoddard seconded the motion, which carried unanimously. COMMUNICATIONS Letter a reciation of 'On motion of Councilman Stoddard, seconded by Councilman MacKay rom Gir Scouts o and carried, a letter was ordered filed from Mrs. Sidney A. Sanders, Newport Harbor re President of Girl Scouts of Newport Harbor, expressing appreciation to renewal oease. the Council for the final action taken in regard to the renewal of the lease for the Girl Scout House. Letter from�Harr E�. On motion of Councilman Wilder, seconded by Councilman Hart and BergI, CC airmh – an or – carried, a letter was ordered filed from Harry E. Bergh, Chairman of ange ounty -gtreet the Orange County Street Naming Committee, transmitting a Statement of Naming Committee re the Formation and Purpose of said Committee appointed by the Board of Frig wwa s to ing Supervisors to study a method to end some of the confusion caused by severa nl highways having several names. Excerpt from minutes An excerpt from the minutes of the Boundary Commission, stating o. B� o– udn ary�om fis_s_ion that the boundaries of the proposed "Jamboree Road Annex" are reasonably re am oree Rom— definite and certain "as corrected by the County Surveyor's office nex. although the annexation does not cut property lines logically," was ordered filed on motion of Councilman MacKay, seconded by Councilman Wilder and carried. R -4702 ado t ed The Clerk presented Resolution No. 4702, being a Resolution of Reso ution o Intention to annex certain property, "Jamboree Road Annex," to the City Intention to annex of Newport Beach, giving notice thereof, and setting the date of hearing "Jamboree Road Annex ." thereon for December 23, 1957. Councilman Ridderhof made a motion to adopt Resolution No. 4702, which was seconded by Councilman Higbie. Councilman Ridderhof stated that this is the first annexation initiated by the City of Newport Beach since he has been a Councilman, a period of over three and one -half years. The City Manager stated that the proposed annexation was being presented at this time for several reasons, i.e.: It is the City's understanding that there is a condition in the pending lease between The Irvine Company and the Ford Motor Company's Aeronutronic Systems, Inc., that subject property be within the City of Newport Beach;.to assure the inclusion of the property involved on the tax rolls for 1958 -59, in order that the City would not furnish for many months free services in the area but would receive reimbursement for said services by the property being on the tax rolls of 1958 -59. He further stated that the proposed annexation is being initiated by the City of Newport Beach with.the knowledge and consent of officials of The Irvine Company. A roll 'call vote was taken on the motion to adopt . Resolution No. 4702, which carried by the following vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None C The Clerk presented a letter from the South Coast Company requesting permission to tear down and remove a deteriorated pier on property leased from the City by the South Coast Company under 25 -year lease. The South Coast Company proposes to remove said pier at no cost to the City and without incurring expense on the part of South Coast to replace said pier at any time. On motion Councilman MacKay, seconded by Councilman Ridderhof and carried, the matter was referred to the City Manager for investigation and report back on November 12, 1957. Letter from South Coast Company re removal off" a a deteriorated px.er. of The Clerk presented a letter from Albert Grossman, Attorney Letter from Attorne at Law, representing The Linda Isle Company, demanding the return representing e Linda of a deposit of $7,000, made on or about February 4, 19542 by Dr. Ys— Company— —dem�in Forbes Farms, Inc., Linda Isle Division, to guarantee the installationreturn ®i%,0 of water mains on Linda Isle Tract No. 2096, which was made from epd os� funds advanced by The Linda Isle Company. A copy of an agreement purporting to show that Dr. Forbes Farms, Inc., relinquished to The Linda Isle Company all right, title and interest in or to said deposit, was also presented. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, said letter was referred to the City Attorney. On motion of Councilman Stoddard, seconded by Councilman MacKay and carried, a letter from Marc D. Leh, Vice President, Dr. Forbes Farms, Inc., addressed to the City of Newport Beach, attention of J. Bert Webb, dated August 20, 1957, requesting the return of the $7,000 cash bond to G. Harold Janeway, Attorney for Dr. Forbes Farms, Inc., was ordered referred to the City Attorney. A letter was presented from Horace S. Mazet 229 Marine Avenue, Balboa Island, requesting information as to why ?there is an outstanding lack of progress on the tree and shrub planting" on the improvement to the mainland end of the Balboa Island bridge. The Public Works Director stated that concrete work and curb installation in connection with a subdivision adjoining the approach to the bridge will soon be done and that it would be advisable to await the completion of the concrete wor'_e 'before putting in the plantings in this area. On motion of Councilman Higbie, seconded by Councilman Ridderhof and carried, said letter was ordered filed. Councilman Higbie stated that he had informed Mr. Mazet of the reasons for the delay. A letter from Lincoln Grindle, M.D., opposing speedboat races in Lido Channel, which had been sent in answer to the request for opinions regarding said races, was presented. On motion of Council- man Ridderhof, seconded by Councilman Higbie and carried, said letter was ordered filed with the other correspondence on this matter. The City Manager was requested to forward a copy of Dr. Grindle's letter to the Chamber of Commerce. The Articles of Association of the "Breakers Drive Association" of Corona del Mar, were presented to put the City Council and the City on notice of the existence of said Association. Mr. B. Brooks Bernard spoke from the audience and informed the Council that the Breakers Drive Association had planted palm trees values at $3,000 on Breakers Drive, which they planned to donate to the City and which will be an improvement to the Corona del Mar State Beach. A discussion ensued regarding the status of Breakers Drive. The Public Works Director stated that the City had fee title to the street but that it was not a dedicated street. It was the consensus of the Council that the maintenance of the trees would be a proper responsibility of the City, but the replacement of the trees would not be a responsibility of the City. On motion of Counai,1man Stoddard, seconded by Councilman MacKay and carried, the non- profit organization's by-laws were ordered filed in the Clerk's office and the City agreed to take over the maintenance of the palm trees planted, but not to assume the responsibility of replacing said palm trees. Director of Parks, Beaches and Recreation Robert S. Gingrich spoke from the audience and stated he thought the Parks, Beaches and Recreation Commission would agree that the responsibility for maintaining the trees would rest with the City but that the replacement would not. The Clerk presented a letter from the Public Works Director submitting the following applications for approval for piers, slips and seawall, which had been recommended for approval by the Joint Harbor Committee: Mr. Harry Rogers, to construct a pleasure pier and slip bayward of Lot 29, Tract No. 907, located at 733 Via Lido Soud, Newport Beach, subject to securing the approval of the U. S. Corps of Engineers. Mr. Charles Von Der Ahe, to construct a concrete seawall on the bulkhead line of Lot 1, Block 3, Tract No. 626, located at 1240 West Bay Avenue. Mr. R. J. Wig, to construct an addition to a pleasure pier and to construct a slip bayward of 1604 South Bay Front, Balboa Island, legally described as Lot 3, Block 2, Section 5, subject to the approval of the U. S. Corps of Engineers. Letter from Marc D. Leh re uestin return o 0 0 cis ft bond to G. Harold Janeway. Letter from H. S. Mazet re lack ot progress on B oa Is��a_b_rYcffge and par way pro j ect . Letter from Lincoln Gr n e L.D., opposing spe�`boat races. Articles of Association of "Breakers Drive Association" presented. Discussion re palm trees antteeC on Brea e— � s Drive. C_., Pier permits, etc. Harry Rogers. Charles Von Der Ahe. R. J. Wig. i Uproval of pier perm ts. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, said applications were approved as recommended. Recommendations from On motion of Councilman Hart, seconded by Councilman Wilder range County Harbor and carried, a letter from Public Works Director J. B. Webb, Commission re revision presenting recommendations from the Orange County Harbor of ar or lines and Commission, regarding revision of harbor lines and mooring of boats mooring of oats in the water front area between C and F Streets, was referred to between C and—Y— the Harbor Committee for further study. Mr. William P. Boland, Streets, 1206 East Balboa Boulevard, Balboa, spoke from the audience and requested that he be notified by the Clerk when the matter would come before the Commission. The Clerk presented a letter from Public Works Director J. B. Webb, stating that the application for permit to construct a concrete seawall bayward of Lots 10, 11, 12, 13, Block B -32, Corona del Mar, located at 2609, 2615, 2619, 2623 Cove Street, had been submitted by Messrs. Furse, Pursell, Douglass and Mrs. Ruth Vedder, which application the Joint Harbor Committee recommended be denied on the basis that the location would be beyond the existing mean high tide line and further that a court ruling concerning an adjacent piece of property prohibited any construction bayward of the existing mean high tide line. Mr. Dudley Furse spoke from the audience stating that the property owners involved in said application would be deprived of the full use of their property if the application is denied. Councilman Ridderhof stated that a Superior Court ruling had been rendered concerning an adjacent piece of property which prohibited the granting of the subject pier permit. Since the discussion was technical and involved, on motion of Councilman Wilder, seconded by Councilman MacKay and carried, the matter was,held over for study to be referred to the incoming City Attorney and to the Joint Harbor Committee for a complete report to the Council. Alcoholic Beverage On motion of Councilman Wilder, seconded by Councilman MacKay and La.cense applications: carried, the following communications were ordered filed: Anchor.Cove. 1. Copy of Application for Transfer of Alcoholic Beverage License, double transfer of on -sale general, Charles R. Heaivilin,, Stanley Schwartz and Joanne Hepburn Smith, Anchor Cove, 2805 Coast Highway, Newport Beach. Carol and Mac's. 2. Copy of Application for Transfer of Alcoholic Beverage License, premise to premise transfer of off -sale general, Robert F. McCue, Carol and Mac's, 2711 East Coast Highway, Corona del Mar. Mermaid. 3. Copy of Application for Transfer of Alcoholic Beverage License, person to person transfer of on -sale beer, Edward H. and Helen G. Loeffler, Mermaid, 3436 East Coast Highway, Corona del Mar. LICENSES William Branch on -sale The Application for License of William.Branch for permission to eer at T e San include under existing business license the sale of on -sale beer at The Dollar. Sand Dollar,, 101 Palm, Balboa, was presented. On motion of Councilman Ridderhof, seconded by Councilman Wilder and carried, said application was approved.. Elsie Ro ooff sale The,Application for License of Elsie Rogoff, 316 Ramona Place, o mmemo�property, Costa Mesa, for house to house soliciting in regard to the purchase Morose A e of ne morial property for Melrose Abbey Memorial Park, was presented. Memoria7 aa Tc: On motion of Councilman MacKay, seconded by Councilman Wilder and carried,.said application was approved. The Beach Roamer The Clerk presented the Application for License of Philip M. on -sae eer, an pre- Varela, 13951 Esplanada, Santa Ana, for on -sale beer and pre - packaged ac a e oo S; foods at The Beach Roamer, 104 Main Street, Balboa, being a change s kill games. of ownership; the Applications for License of Harry Duensing, Newport - Balboa Music Co., for the transfer of one skill game (bowler) from Seasport Landing', to The Beach Roamer, 104 Main Street, Balboa, and for one pool game at The Beach Roamer, 104 Main Street, Balboa. On motion of Councilman MacKay, seconded by Councilman Ridderhof and carried, said applications were approved. ADDITIONAL BUSINESS Recei t of ifts The City Manager announced that two gifts had been received for from 0. W. Ric and the acquisition of a building site for a public library in the Corona and Councilman del Mar area of the City of Newport Beach. He stated that Mr. 0. W. to ar or t e Richard had donated $500 and that Councilman James B. Stoddard had ac uisition of a donated $500. He recommended that the gifts be acknowledged by the ui in s to ror City Council. On motion of Councilman Stoddard, seconded by Councilman lic library in Wilder and carried, the City Manager,was directed to deposit said gifts Corona del Mar area. to the Library Fund Reserve for the Corona del Mar Library Site. Mayor Hill expressed the appreciation of the Council and.the City for the generous donations of Mr. Richard and Councilman Stoddard. Councilman Stoddard commented that he had read an article in the Globe Herald published this evening, which did not reflect the thinking of the Council regarding the acquisition of land and the construction of the library building in Corona del Mar. Exception was taken by other Council members to the article. The Clerk read the report of the Special Council Committee on Lifeguard Rescue Boat, dated October 28, 1957, recommending that the contract for the construction of said boat be awarded to the Robert Dorris Boat Builders Company of Newport Beach, the intermediate bidder of three bidders. On motion of Councilman Ridderhof, seconded by Councilman Hart and carried,.the contract as recommended by the Committee was ordered drawn up, and the matter was referred to the City Manager and the City Attorney. The report of City Manager Robert Shelton regarding his attendance at the annual conference of the International City Managers' Association in Washington, D.C., was presented and ordered filed, on motion.of Councilman Stoddard, seconded by Councilman MacKay and carried. The official expenses of the City Manager at said conference, in the amount of $303.64, were authorized for reimbursement to the City Manager, on motion of Councilman Wilder, seconded by Councilman Hart and carried. Reports of S ecial Count E Committee on j�b eguara Rescue Boat. Reports of City Manager re attendance at International at Managers ssocaation conference. `xpenses authorize tor ream ursement. The report of the Acting City Attorney John C. Penney regarding Re ort�of Actiin C1tXT the Order Instituting Investigation and Interim Order Therein of ttor� -- ney re �u -1 ac the Public Utilities Commission 45979, was ordered filed on motion Utilities Commission of Councilman Ridderhof, seconded by Councilman Wilder and carried. 7-5-9-Ti. A letter was presented from Mrs. Robert P. Rea of the Woman's Civic League of Newport Harbor, transmitting a check to the City of Newport Beach in the amount of $100 for the purpose of constructing a shelter at the 19th Street Park to be "something in the nature of an egg - crating - topped shelter to become vine - covered," providing the proposed structure meets with approval. A discussion was had and Robert Gingrich spoke from the audience and stated that the area involved is the sand area on the bay beach between 19th and 18th Streets and that the intent of the Woman's Civic League was to provide a shelter under which some benches could be placed, and for beautification of the area. On motion of Councilman Wilder, seconded by Councilman Hart and carried the donation was accepted, appreciation was expressed to the Woman =s Civic League, and it was directed that the Parks, Beaches and Recreation Commission be requested to formulate a plan for the construction of the shelter on the 19th Street beach. The City Manager requested the Parks, Beaches and Recreation Director to incorporate the construction of the shelter with other work to be done in that area and to present the matter to the Council in a package proposal. The Clerk presented Ordinance No. 838, being AN ORDINANCE CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF NEWPORT BEACH, Superior Avenue Annex, from U to M °l -A. Mayor Hill opened the meeting for a public hearing. No one desired to speak, and she declared the hearing closed. On motion of Councilman Ridderhof, seconded by Councilman Stoddard and carried,the second reading of Ordinance No. 838 was waived. On motion of Councilman Ridderhof, seconded by Councilman Stoddard and carried, Ordinance No. 838 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 The Clerk presented Ordinance No. 830, 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. Mayor Hill opened the desired to speak, and of Councilman MacKay, the second reading of Councilman MacKay, sei Ordinance No. 830 was to wit: meeting for a public hearing. No one she declared the hearing closed. On motion seconded by Councilman Wilder and carried, Ordinance No. 830 was waived. On motion of :onded by Councilman Wilder and carried, adopted by the following roll call vote, AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None The Clerk presented Ordinance No. 837, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH APPROVING THE ANNEXATION TO THE CITY OF ' NEWPORT BEACH OF CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO THE CITY OF NEWPORT BEACH AND KNOWN AS "ACACIA STREET ANNEX." Donation of $100 from Woman C�v�c Lea ue of 1 ewp= Year or or a shelter t Street Ordinance No. 838. Zonis Su erior Avenue nnex from U to M-1-A. Ordinance No. 830. Re swimming pools. Ordinance No. 837. On motion of Councilman Hart, seconded by Councilman Approving 01Acacia Ridderhof and carried, the second reading of said ordinance was Street Annex.44 waived. On motion of Councilman Hart, seconded by Councilman Wilder and carried, Ordinance No. 837 was adopted by the following roll call vote, to wit: Anticiiaced that rinance No. 837 effective AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None It was stated that Ordinance No. 837 would become effective upon filing with the Secretary of State, which is anticipated to be approximately December 3, 1957. Council Statement to A City Council Statement addressed to the "Sub- Committee on "Sub-Committee on Property Taxation, Assembly Committee on Revenue and Taxation," ro ert axation regarding Bill No. AB 2624, .was presented. On motion of Councilman Assembly Committee on Stoddard, seconded by Councilman MacKay and carried, the reading of Revenue and Taxation," said statement was waived and the statement was adopted as Council aduted as Council Policy, with the instructions.that the City Manager complete the o icy. report by inserting the number of miles of ocean beach frontage on page 2. Councilman Stoddard.stated that a representative's appearance at the hearing of the Assembly Interim Committee on Revenue and Taxation; torbe held in Newport Beach on November 4; 1957, would be to assist sister communities in getting some oil money to maintain the beaches. He agreed to appear at the hearing to represent the Council during the morning of November 4th ", and Mayor Hill agreed to represent the Council in the afternoon, at said hearing. R -4703 adopted, Resolution No. 4703, appointing Walter W. Charamza as City a ointin Walter W: Attorney commencing November 18, 1957, at a salary of $1,050 per month, C aramza as Cit and rescinding Resolution No. 4692, appointing John C. Penney as Acting tto�nee a�cind- City Attorney on a temporary basis, was adopted on motion of Councilman Ing R-4bVZ. Ridderhof, seconded by Councilman Wilder and carried, by the following roll call vote, to wit: Req e_ s�t t�o have name o. Sf hell Street changed to S e 1 Drive. Reouest of Southern California Edison Company or Grant of Easement. t an Irvine. Re joint Count Y f and C3'tv deveiopment o county Dock property. AYES, COUNCILMEN Hart, Wilder, MacKay, Stoddard,' Higbie, Ridderhof, Hill. NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None On motion-of Councilman Wilder, seconded by Councilman MacKay and carried, the request of property owners to have the; name of Shell Street changed to Shell Drive w4as referred to the City Manager for action. It was brought out that thelexpense of the name change for such a short street seemed unnecessary, but the matter was left to the discretion of the City Manager to dete' mine the action to be taken. _The Clerk presented a - letter from the Southern.California Edison Company requesting execu ion of a Grant of Easement by the City covering the proposed installation of electrical facilities to serve the fire station at 19th and Irvine. The Public Works Director stated that there was a"question as to theladvisability of executing the Easement as requested and that a further investigation should be made. On motion of Councilman Ridderhof, seconded by Councilman Hart and carried, the matter was held over until the Ipext Council meeting. The City Manager ,s draft minutes of the sp was held on October 17, development of the,Coun Committee were approved seconded by Councilman fourth recommendation b for the development of Council of the City of Re removal of parking The City Manager r limi si ns on in remove the parking limi in Gorona.del Mar. signs were installed to parking signs on Poppy by Councilman MacKay an Committee to remove the Mar, and to restrict pa parking on the west sid Director stated that an on Poppy Avenue unless was suggested that the his discretion in.this Re s of Lido ieatre tor en Comman ments Day." Adjournment. Mr. Walter Weimer, spoke from the audience 1957, as "Ten Commandme donating all his profit entitled "Ten Commandme time. The Clerk read t commented that he thoug make the proclamation r the consensus of the Co On motion of and carried, the A`T�\(T�E ST : '.'\an_rnnn.0 SO ted that the Council had received copies of the ial meeting of the Joint Harbor Committee.which 957, regarding the joint County and City Dock property. The recommendations of the y the Council on motion of Councilman.Higbie, rt and carried, with the stipulation that the reworded to be as'follows, "Any proposal or plan e property must have the approval of the City wport Beach." uested the endorsement of a proposal to immediately signs on the streets in CoronA del Mar, which ounteract the summer traffic congestion, except the enue. On motion of Councilman Ridderhof, seconded carried, the recommendation of the Traffic. arking limit signs on said streets in Corona del ing to the east side of Poppy Avenue and prohibit of Poppy Avenue, was approved. The Public Works mergency vehicle would be unable to get through rking is prohibited on one side of the street. It ty Manager install and remove the parking signs at ea, without further action of the Council. . epresenting Mr. Mason Siler of.the Lido Theatre, nd requested the Council to proclaim November 6, s Day.1° He stated that Cecil B. DeMille was to a church group and that the DeMille picture S" would be showing at the Lido Theatre at that proposed proclamation. Councilman Wilder that it would-be improper for the Council to uested since it was a commercial venture, It was cil that Councilman Wilder's opinion was correct. Lman Ridderhof, seconded by Councilman Higbie was adjourned.