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HomeMy WebLinkAbout08/11/1958 - Regular MeetingMeeting to be recorded. CA -91 Public hearing re Use Permit 445 CA -15 CITY OF NEWPORT BEACH Page 27 - Volume 12 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: August 11, 1958 Time of Meeting: 7:30 P.M. Place_ of Meeting: Council Chambers a T Mayor Stoddard announced that the entire g ceedings of the meeting would be put on wax discs and all remarks would be recorded on recording device being tried. Councilman Lorenz joined the meeting. The reading of the minutes of July 28, 1958, and August 1, 1958, was waived, and the minutes were approved as written and ordered filed. The Mayor opened the meeting for a public hearing on an appeal from the decision of the Planning Commission granting Use Permit No. 445 to Ralph P. and Irene Maskey for the use of the following described property for parking automobiles: Lot 3, Block 532, Canal Section, being 510 Clubhouse Avenue, Newport Beach. Notices of hearing had been duly published and posted. The Clerk read the report of the findings of the Planning Commission. The Clerk stated that a letter from Mrs. Nadene C. Nelson, a petition bearing 70 signatures, and a letter from Mark E. Engelke, President of the West Newport Improvement 03ociation, opposing j.aid Uce Permit, had been presented at the Council meeting held June 28, 1958. An additional 1=tter opposing said Use Permit from Richard T. McCulloch and Minna F. McCulloch was presented. Letters from the following, in favor of the granting of Use Permit Fo. 445 were pre- sented: Mr. 0. W. Richard, Mr. W. A. Ludwig, Mr. H. Paul Forton. The following people spoke from the audience opposing said Use Permit: Mark E. Engelke, past President of the West Newport Improvement Association; Mrs. G. C. Smith, 501 - 35th Street; Lawrence Nelson, 507 Clubhouse Avenue; W. C. Macdonald, 505 Clubhouse Avenue; Harry Weber, 624 Clubhouse Avenue; Mrs. Lillian Pace, 512 Clubhouse Avenue; Mrs. Leonard LaVaute, 513 - 35th Street; Captain John Callahan, 410 Clubhouse Avenue; Robert M.. Schlum 506 - 35th Street; Mrs. R. C. Conant, 406 Clubhouse Avenue. The following people spoke from the audience in favor of the parking lot: Duke Hogan, 3008 West Ocean Front; R. V. Daniger, 202 Via Palermo; Mrs. Mae Davis, 2723 Shell, Corona del Mar; Dr. W. J. Cowan, 3409 Newport I,'d ulevard; Mr. and Mrs. Rene Mortelett 516 Clubppus A Avenue 'if the lot s res sed /A `�nd S "bsent Motion Second All Ayes Use Permi 445 approved with restric- tions. CA -15 Off -stree parking Clubhouse Ave. CA -22 Parking meters ido shop; CA -20 August 11, 1958 I CITY OF NEUPORT BEACH Page 2E - Volume 12 COUNCILMEN Mfflw Koco9�" o rr m on�nowa. N w a, Nm m 0 (u K n o a Attorney James Penney, representing app a.- cant Ralph Maskey. Councilman Hart suggested certain additional conditions to be imposed for the maintenance of the parking lot, which might make the lot acceptable to those who opposed it. Mr. Walter Longmoor, Chairman of the ff f Planning Commission, spoke from the audience and stated that the Council could impose additional conditions and that the Planning Commission could declare a Use Permit null and void if compliance was not made with the conditions imposed. On motion, the findings of the Planning Commission were upheld and Use Permit No. 445 was approved with the following additional restrictions added to the Planning Commission conditions: (1) That no ingress or exiting be permitted to or from Clubhouse Avenue, all vehicular use of the lots to be via the alley; (2) that the sidelines of the parking lot be planted with a 6' high hedge or a solid 6' wall; (3) that there be no parking on the lot between the front set- back line and Clubhouse Avenue; (4) that the area between the front setback line and the parking area be planted and improved in a manner that will make it an asset to the neighborhood; (5) and that failure to live Motion x up to and maintain the restrictions will Second x void the Use Permit. All Ayes The City Manager had been asked to report regarding the alleged illegal use for parking of Lots 7 and 8, Block 532, Canal Section, Clubhouse Avenue, owned by Mr. R. V. Daniger. No report was necessary since Mr. Daniger was in the audience and stated that he would apply for a Use Permit for a parking lot conditioned as was the Use Permit granted Mr. Maskey. Letters from the following, urging that Mr. Daniger be allowed to maintain off - street parking on the above mentioned lots, were ordered filed with the assumption that Mr. Daniger would proceed to make ITpli.cation for Use Permit: Katherine Hankins,.Varjorie Lentz, Martin Koepsell, L. E. VandeWalker, Motion x Minnie Toon, Jeanette Santa Cruz, Gretchen Second x M. Carr, Betty McCullough and Jim Herman. All Ayes The Clerk read a letter from F. E. Button, President, Lido Shops Association, reiter- ating the request of said Association made some months ago that parking meters be installed as designated on a map in Mr. Motion x Webb's office. letter w o red Second filed. All Ayes ATTEST: 2ayor rCity Cleirk CITY OF NEWPORT BEACH August 11, 1958 Page 29 - Volume 12 . The report of the City Manager and the Public 'Hocks Director, dated August 11, 1958s on parking meter bids was presented. The Clerk read the recommendation contained therein. Said recommendation was concurred in, the Dual Parking Meter Company's bid was accepted, and the City Attorney was directed) to prepare a contract for presentation to Parking the Council at its next meeting. meter Mr. Sherman Christensen spoke from the bids audience and stated that his company had sub - Contracts mitted the other bid submitted which was the lower bid. The Public Works Director ex- plained that the difference in price was small and that in view of.the fact the City already has approximately 800 Utal meters, the maintenance of one type of meter would probably be to the advantage of the City. Mr. Button spoke from the audience and re- quested further time to obtain advance pay - ments for the parking spaces proposed to be made available on property adjacent to the City Hall. The previous offer of the City to provide the parking area,adjacent to the City Hall under certain conditions,was extended to the first meeting in November. Continued Mayor Stoddard declared the meeting open for public a CONTINUED PUBLIC HEARING to determine hearing re whether the buildings located on Lots 1 to condemna- 12 inclusive, in Block 324, Lancasters tion of Addition, Newport Beach, should be condemned buildings as a public nuisance. The City Manager pre - Lancasters sented a report stating that the work of Addition demolition was approximately 503% completed. CA -81 Mr. Gregory Gorby, former operator of the cannery, spoke from the audience and stated that he anticipated that the demolition would be completed within three weeks. The hearing on said matter was continued to September 8, 1958. Motion re. Councilman Lorenz made a motion that the City parking Attorney prepare a workable ordinance for- bidding parking on unimproved empty lots. There was no second to his motion. COMMUNICATIONS: Annual 1. The annual report 56 -57 of the Local report Planning Office of California Plans, Local Plan- Department of Finance, State of ning Office California, dated January, 1958, was .�CA -112 referred to the Planning Commission. / • 2. The following Applications for Alcoholic Beverage License were ordered filed: ABC (a) Transfer,on -sale beer, Norman H. and licenses Gloria M. e erson, 9Qm CA -63 Avenue, Ba ATTEST: , Motion Second All Ayes Motion Second All Ayes Motion Second 1 Ayes Motion Second All Ayes Motion Second All Ayes CITY OF NEWPORT BEACH August 11, 1958 Page 30 - Volume 12 0 (b) Transfer, person to person transfer of on -sale beer, Robert J. Blackwell ABC and William J. Dixon, "The College licenses Inn," 101 Palm Avenue, Balboa. CA -63. (c) Transfer, person to person transfer of on -sale general, Michael J. Payette, "Dan McGrew's," 3131 West Coast Highway, Newport Beach. (d) New on -sale beer, Keith L. Hull, Vivienne G. Hull and Ronald W. Kresge, L'Allegro Pizza, 2922 West Coast Highway, Newport Beach. Letter 3. A letter was ordered filed from Michael commendinE G. Gillespie, Manager, Newport Harbor Police Ambulance Service, commending the Police Department Department for excellent service render - CA -39 ed in escorting an ambulance on some emergency calls. It was directed that a . copy of said letter be delivered to the Police Department. Letter 4. A letter was presented from George H. opposing Coffin, Jr., apposing a petition for petition abandonment of a strip of land approxi- re abandon- mately 6' wide on the northerly line of ment on Balboa Boulevard, between B and F Balboa BlvJ. Streets. Since the petition has not between B been received by the Council, it was and F Sts. directed that the letter be brought to CA -14 the Council's attention after the petition has been received. Residence 5. A letter from W. B. Ferguson, Newport boundary Beach Fireman, requesting a revision of limits for the residence boundary limits for Civil Civil Service Service personnel; a memorandum ana- personnel lyzing the problem from Thomas Childs, / �CA -85 Personnel Officer; and a letter from the President of the Newport Beach Fire Fighters association regarding the residence requirements for Fire De- partment personnel, were presented. Said communications were referred to the City Attorney for an opinion. Mr. Ferguson spoke from the audience. Letter re 6. A letter from Norman P. Robinson re- beach park questing clarification of a City of ing spaces Newport Beach ordinance,which prohibits CA -22 backing into a parking space on the beach front,was referred to the City Manager for reply. Gas tax 7. A letter was ordered filed from the De- CA-71 partment of Public Works, State of California, stating that the allocation of 5/ft. gas tax to the City of Newport Beach for the quarter ending June 30, 1958, is $14,597.13. 8. An order instituting investigation befog the Public Utilitis Cc *'ssi o he State of Californ " Case , for ATTEST: Motion Second All Ayes Motion Second All Ayes Motion Second All Ayes Motion Second All Ayes Motion Second All Ayes Public Utilities Commission Case 6161 CA -36 Allocation Federal -Ai, Urban Mone to Cities CA -66 Western leshow /c show �;. and conven- tion CA -35 Licenses CA -63 CITY OF NEWPORT BEACH August 11, 1958 Page 31 - Volume 12 COUNCILMEN the purpose of establishing a list for the year 1959 of railroad grade cross- ings of City streets or County roads most urgently in need of separation, was ordered filed. 9. The Clerk presented copies of reso- lutions adopted by the following cities,', urging the League of California Cities to prepare State Legislation providing for allocation of Federal -Aid Urban Money to Cities: San Jose, Stockton and Fresno. The City Manager stated that the matter will be taken up at the League conference to be held in October. Said communications were ordered filed. 10. The Clerk read a letter from Robert Goossen, Chairman, Industrial Committee, Newport Harbar Board of Realtors, in which the City of Newport Beach is urged to contribute the sum of $170 for promotional advertising at a Western Electronic show and convention to be held in Los Angeles in August. The letter was ordered filed and ac- knowledged by the City Manager, and it was directed that no other action be taken. LICENSES: The following Applications for License were approved: 1. Walter and Rose Mary Tulpinski, 5246 East Florence, Bell, for on -sale beer and pre- packaged foods at the Beach Roamer, 104 Main Street, Balboa, being a change of ownership. 2. (Exempt License) Newport Beach United Fund by Dr. Edward W. Milum, President, 325 North Newport Boulevard,,Newport Beach, for house to house soliciting of funds for the Newport Beach United Fund drive to be conducted September 1st to December 1st. 3. Art LaShelle and Eugene Dukette, 501 East Edgewater, Balboa, watercraft for hire at 501 East Edgewater, Balboa, consisting of ten to fifteen pedalos to be moored at dock located at above address. The Mayor declared a five minute recess at this time. ADDITIONAL BUSINESS: 1. The meeting rec ened and Stoddard announ a that t� ATTEST: /4 Motion Second All Ayes Motion Second All Ayes Motion Second All Ayes Motion Second All Ayes 0 Sewer service charge and refuse collect service charge CA -3Z CITY OF NEWPORT BEACH August 11, 1958 Page 32 - Volume 12 the problem of determining whether or no a sewer service charge and a refuse collection service charge should be established. He stated that it was also necessary that the Council adopt a reso- lution fixing the tax rate for the 1958- 59 fiscal year, which rate was inter- dependent upon the establishment of the service charges aforementioned. Mayor Stoddard read an explanation of thi proposed sewer and refuse charges, wherein it is stated that "It is more equitable that a City service be paid fo; by the users of the service than by taxation of property. The cost of pro- viding water, sewer and refuse services for example has little relation to the assessed value of property served.P9 It is also stated that "It is intended that the property tax be relieved of the en- tire cost of refuse service. This year and in the future,'revenue from the refuse charge will be offset by ex- clusion of that amount from money to be raised by property taxation." It is further stated that, in connection with the proposed sewer service charge, "It is planned to make a flat 75C per month charge to all City sewer users and imposed only when water has been consumed during the billing period. - - - As a result of this charge reserves for replacements and contingencies normally provided for in any properly managed public utility can be established.90 A discussion ensued regarding the pro- posed refuse collection charge. Councilman Hart stated that he had talked with over a hundred people of modest homes, all of whom except one, were opposed to the establishment of a refuse service charge. He also stated that he was opposed to any measure which would increase the cost of City govern- ment and believed the proposed refuse charge would entail higher costs of collection. Mr. Harold Glass, representing the Central Newport Beach Community Association, spoke from the audience and requested that the letter from the Newport Harbor Board of Realtors be read. The Clerk read said letter which con- tained a statement that the Board of Directors of said Board of Realtors feel the proposed service charges are unfair to the small property owner and that the administrative cost of the monthly col- lection of additional charges fyyr sewer/ and pickup wouAd/decrease/ithe�Yievenue; ATTEST: City Attorney to prepay ordinance re refuse collectio charge an sewer se charge CA -72 CA -32 R 4854 re tax ra adopted CA -101 August -ll, 1958 PTTV AO NMUTDADT AttArTJ poao 'AA - VnTnma T R r. ATTNTT.MVM e Council on August 25, 1958, establishing Roll Call- a a refuse collection charge. Ayes x x x Noes x x n Absent x d ry ce The City Attorney was instructed to pre— Motion pare an ordinance for submission to the Second Council on August 25, 1958, establishing Roll Call: a sewer service charge of 75C per unit. Ayes K x XXX x Absent x 2. Resolution No. 4854, fixing the tax rate Motion x t for the 1958 -59 fiscal year and levying Second x a tax upon all the taxable property with-Roll-Call: in the City of Newport Beach, which is Ayes x x K XX x taxable therein r manic° Al ur�po�ses, Absent was adopted. ATTEST: yor City Clark r�oo • 7rg m N N •svrre r o N N o their recommendation being that the char es be based on assessed valuation and °increase the property tax if necessary ". A discussion ensued with the following people speaking from the audience opposed to the refuse service charge and p in favor of maintaining the tax rate to p include the expense of collecting refuse: Dr. Irving E. Laby, John Horner, Mrs. Harriet Gould, Homer Smith of the Balboa Improvement Association, Mr. Edward T. Healy, Mr. Larry Newman, Mr. John Kimble, Mr. Pete Geddes, Mr. Arthur Cubbage, Mr. John Vogel, Mrs. Furman, Mrs. Miller Wilson, Mrs. Moore. Mr. Stanley Betz spoke from the audience in favor of the proposed refuse charge. Councilman Higbie stated that he agreed with Councilman Hart. It was his opinion that it would be best to recover the cost of collection of refuse through tax since as a practical matter the col- lection of the proposed service refuse charge would be difficult and expensive, if not impossible in many instances. A discussion then ensued regarding the sewer service charge, with the following people participating in the discussion: Dr. Laby, Colonel A. W. Smith, Mr. Cubbage, Mr. Henry Engle, Mrs. Gould. All those mentioned, except Colonel Smith, who is in favor of the establish- ment of the sewer service charge, pre- ferred to have the charge for sewer service remain as an item covered by the tax bill, which is a deductible item, rather than as a service charge added to a service bill. The City Attorney was instructed to pre- M Motion x x pare.an ordinance for submission to the s second x x Proposed revision City's Civil Service ordinance CA -85 Extension Liability etc. insu CA -68 Special census estimate CA -98 Use Permi and Va iance app cations f Corona de Branch Library CA -15 CA -13 R 485 e Jamb Road adop' CA -69 August 11, 1958 CITY OF NEWPORT BEACH Page 34 - Volume 12 COUNCILMEN ity C C1Iprkj moo r�r (emu Ortwp r4 t3D P4 0 r* 0 o 0 to n p. p ai a 3. Mayor Stoddard stated that the Council had received a proposed Civil Service ordinance from the Civil Service Board. Mayor Stoddard read a letter from Edward T. Lynch, President of the Newport Beach Fire and Police Protective League, where- in it is stated that the members of said League unanimously opposed the proposed revision of the City s Civil Service ordinance as submitted to the Council by Motion x the Civil Service Board. Said letter was Second x ordered filed. All Ayes Mr. Lynch was in the audience and stated that he would like to know the time that the Council would review the matter. Mayor Stoddard stated that members of the Council would review said proposed ordinance on the evening of August 18th at 7:30 P.M. in the Council Chambers. Mr. Harvey Pease spoke from the audience and inquired whether or not the meeting would be open to the public, and Mayor Stoddard told him that it would be. 4. At the request of the City Managers he was instructed to contact the City s present insurance agents and arrange for once the extension of general liability, auto liability, comprehensive fire and theft on autos, libel, slander and false Motion x arrest coverage at their present limits, Second to expire August 31, 1958. All Ayes 5. As recommended by the City Manager, he was authorized to obtain a Special Census Motion x estimate by the State Department of Second x Finance. All Ayes 6. The City Manager presented proposals for t the Application to the Planning r Commission for a Use Permit and an L`- Application for a Variance for the Corona :)c del Mar Branch Library. Mr. J. W. L Mar Drawdy spoke from the audience and ex- plained that an Application for a Use Permit was required for the use of said property as a public building. He stated that the Application for Variance was for an encroachment of 10' into a required 20' front yard setback. The Council discussed the matter and concurred that it would be unwise to request said Variance. Authorization was given for Application to be made on behalf of the Council for a Motion x Use Permit in an R -2 District for the Second x Corona del Mar Branch Library. All Ayes i 7. Resolution No. 4855, requesting the Motion x > ee Board of Supervisors to proceed with the Second x d improvement of J oree Roa a to Roll Call: allocate fun:2ayor for,� Ayes x x x x x, Spted. Absent x ATTEST: I"�rti+- �a.�. S ' ity C C1Iprkj Parking CA -22 tions of Cmte. re nelizati feasible CA -104 Pier Permit of Nick Wagner approvf CA -130 Ord. 854 re Distri Maps 1st reads waived Passed to 2nd readi Set for public hearing 8 -25 -58 CA -10 Budget Amendments approved CA -102 Orange County Le of Cities dues CA -42 August 11, 1958 CITY OF NEWPORT BEACH Page 35 - Volume 12 COUNCILMEP 8. The recommendation of the Traffic Committee that a 15- minute zone, to e include two parking spaces, be granted R. Ferda, Seran Sales Company, was accepted, and it was directed that Mr. Motion Ferda be advised of the action as Second recommend. All Ayes 9. The recommendation of the Traffic affic Committee that the suggestions of the an- Newport Businessmen's Association, re- not garding channelization, are not feasible and that no structural or other changes be made in the channelization, was Motion read. The report was ordered accepted Second and filed. All Ayes 10. The Application for Pier Permit of Nick Wagner, to construct pleasure pier and float bayward of Lot 4, Block 637, Canal Section, being 3706 Channel Place, Motion Newport Beach, subject to approval by Second the Corps of Engineers, was approved. All Ayes 11. Ordinance No. 854 was presented, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING DISTRICT MAPS NOS. 2, 3, 27 AND 28 ADOPTED BY SECTION 9102.2 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO ZONING AND SETBACK LINES, establishing setback line on the Ocean side of Seashore Drive between 34th and 61st Streets at no feet (0');.rezoning Tract No. 1645 (6th Addition to Harbor Highlands) from a "U" District to an "R -1 -B11 District. The first reading of said ordinance was Motion waived. Second All Ayes Ordinance No. 854 was passed to second Motion reading, and set for public hearing on Second August 25, 1958. Boll Cal Ayes Absent 12. The following Budget Amendments were Motion approved: Second All Ayes No. 58 -25 - $50.00. No. 58 -27 - $22,938.97. No. 58 -28 - $2,922.00 13. The statement of Orange County League of ie Cities for dues for the City of Newport Beach for the period July 1, 1958, through December 31, 1958, in the amount Motion of $132.50, was approved for payment Second from the Com%tlgity Promot­Joy41,)adget. All Ayes S E x CITY OF NEWPORT BEACH August 11, 1958 Page 36 - Volume 12 1 I 19. The Claim for Damage of Albert C. Damages 14. Resolution No. 4856, changing the name CA -84 R 4856 re of 17th Street, between Irvine Avenue on June 8, 1958, was presented. street name and Dover Drive, to Westcliff Drive, Motion change and changing the name of 17th Street, Second adopted between Westeliff Drive and Pacific Roll Call CA -27 Coast Highway, to Dover Drive, was Ayes adopted. Absent Proposed 15. A proposed ordinance of the City of ordinance Newport Beach amending Section 3257 of re traffic the Newport Beach Municipal Code, re- regulatio s lating to traffic regulations, and CA -57 setting up conditions under which a person may lawfully drive upon a side- Motion walk, was referred to the City Attorney Second for study and report. All Ayes 16. The recommendation of the City Manager and the Public Works Director was approved that the City participate to • the extent of one -third in the cost of Budget a bulkhead at 29th Street, street -end Amendment 58 -29 on Mainland, at an estimated cost to approved the City of $5409 and Budget Amendment Motion CA -102 No. 58 -29, in the amount of $540, were Second approved. All Ayes 17. The recommendation of the City Manager and the Public Works Director that the Notices following work be accepted and the City of Complet °on Clerk instructed to file Notices of Motion to be filel Completion with the County Recorder, Second Contracts was approved: All Ayes (a) E. D. Johnson, contract for construction of street lighting system, 17th Street, between Irvine Avenue and Dover Drive. (b) R. J. Noble Company, contract for the paving and channelization ' facilities, 17th Street, between Dover Drive and Irvine Avenue. (c) James I. Gallacher, contract for construction of water line, 17th Street from Dover Drive to Irvine Avenue, in the City of Newport Beach. R 4857 18. Resolution No. 4857, authorizing the authorizin Mayor and the City Clerk to execute a Motion water cont act contract to serve water outside the Second adopted City boundaries to MacDonald and Kruse, Roll Call Contracts Inc., for construction purposes at well Ayes No. 14, was adopted. Absent Claim for I 19. The Claim for Damage of Albert C. Damages I Schinsky, whose daughter is alleged to CA -84 have cut her foot near the Newport Pier on June 8, 1958, was presented. The Claim for Damages of American Automobile Insurance Company arising Claim for out.of the alleged claim that Robert Dama es Elm ore ,Squires, driving a Citq -owned CA -8t truck, gulled away from a parking curb without warning into a vehi le being driven by Mary l A Pellegr pre- /#�n sented. ATTEST: ff S� ty Clerk COUNCILMEN F3 "Storage lane" an coordina of traff lights CA -120 Newport Heights Irrigati o District Contrac R 4858 authoriz water co n adopted Contract August ll; 1958 CITY OF NEWPORT BEACH Page 37 - Volume 1L COUNCILMEN 0 0 9 pp 0 K 0 9 O O N ) 'Sm� ( (1. N c co M Said Claims for Damage were denied, and the action of the City Clerk in re- M Motion x x ferring the matters to the insurance S Second x x carriers was confirmed. A All Ayes 20. The Public Works Director was author- ized to initiate action with the Department of Highways to install a