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HomeMy WebLinkAbout04/25/1960 - Regular MeetingCITY OF NEWPORT BEACH COUNCILMEN Page 216 - Volume 13 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: April 25, 1960 Time of Meeting: 7:30 P.M. ex Place-of- _Meetine: Council-Chambers Roll Call: The reading of the minutes of April 11, 1960, and April 19, 1960, was waived and the minutes were approved as written and ordered filed. HEARINGS: 1. NEPTUNE AVENUE ASSESSMENT DISTRICT: (Agenda Item E -1) The Mayor announced that this was the time and place fixed by the City Counci for the hearing of protests or objections to th Hearing proposed work, the extent of the Assessment Dis Neptune trict, or any and all other objections to the Ave contemplated improvements set forth in Resoluti Assess- of Intention No. 5186, adopted by the City Coun ment on March 14, 1960. District CA -29 The Resolution of Intention had been duly pub- . lished, Notice of Hearing had been posted, and cards had been mailed as prescribed by law, affidavits of such compliance being on file in the City Clerk's office. Attorney Wm. MacKenzie Brown spoke from the audience and read excerpts from the Report for the improvement, heretofore presented, as re- quired by law. The Mayor inquired of the City Clerk as to whether or not any written protests or objecti against the work or District had been filed wi her. The City Clerk reported that two written protests had been filed with her prior to the time set for the hearing, and said letters,:..fr R. W. Fitzpatrick and Mrs. Ruth K. Davis were. read to the Council. The Mayor inquired whether anyone in the audi- ence desired to be heard in the matter. Mr. E. J. Axxe, 4804 Neptune Avenue, spoke from the audience, stating he preferred to have a stand- ard curb rather than a rolled curb installed. Mrs. Louis Hornung, 4806 Neptune Avenue, spoke from the audience, agreeing with Mr. Axxe. Mr. Harold D. Arthur and Mr. R. A. Peters, owners o property in the District, spoke from the audien Mr. Axxe and Mrs. Hornung both stated they wool rather withdraw their protests than to delay th work. The City Engineer stated that the protests represented approximately 2% of the area involved. The hearing was closed. All written and oral • Resolution No. 5223, City Council of the 1 R 5223 California, ordering adopted ATTEST: Ci tyCi s Zi — C er I protests were overruled. being a resolution of the lit f Ne ort Be��cch the ✓ork d scr�� '' Mayor Page 216 Present Motion All Ayes Motion All Ayes Motion All Ayes It KI CITY OF NEWPORT BEACH COUNCILMEN Page 217 - Volume 13 Index (April 25, 1960) Resolution of Intention No. 5186, adopted on th, 14th day of March, 1960, in the matter of the construction of certain improvements in Neptune Avenue Assessment District in said City; direct ing the City Clerk to call for bids to be re- ceived on May 19, 1960, at 10:30 A.M., was adopted. BALBOA ISLAND PARKING: (b) A letter from Mrs. Stroller White commendi the Council, City officials and the Police De- partment for the cooperation extended the Balb Island Improvement Association during Easter Week. (c) A letter from Mrs. Harry W. Mekeel, Balboa Island, thanking the Council, the Police, "and all who helped and gave their time to make Easter Week such a success." • (d) A letter to Chief U son from David J. Malloy complimenting t4 Police De te}►ifffit�on Page 217 C, Motion Roll Call Ayes Motion All Ayes m U Mayor Stoddard stated that a number of people were in the audience because of the fact that they had been informed by the President of the Balboa Balboa Island Improvement Association that the Island Council would consider, at this time, "parking" parking on Balboa Island. Mayor Stoddard stated that discussion the matter was not on the agenda, but since so CA -74 many people were present, the matter would be discussed. He presented the recommendation of the Police Chief, received on April 25, that • parking be prohibited on Marine Avenue, from North Bay Front to Park Avenue, between the hours of 9:00 P.M. and 6:00 A.M., every day during the summer months, June 15 to September 15. The Mayor read excerpts from letters, which had been received on April 25, from the Balboa Island Improvement Association and the Balboa Island Business Association. He stated that he had been informed that the two associ- ations had reached an agreement in regard to parking and that was to defer the entire matter while the two groups met to discuss it. Mr. Jack Hansen, President of the Balboa Island Business Association, and Mr. Jack Vance, repre, senting the Balboa Island Improvement Associ- ation, spoke from the audience. Mayor Stoddard stated that the Balboa Island "parking" and reinstatement of benches question; would be placed on the Council agenda at a time agreeable to both groups. (Agenda Items F -8 (a), (b), (c), (d)) The following letters were presented and ordered filed: Letters re East r (a) A complimentary letter from Mr. and Mrs. Week Cecil F. Martin, Balboa Island, regarding im- CA-74 proved conditions on Balboa Island during Easter Week. (b) A letter from Mrs. Stroller White commendi the Council, City officials and the Police De- partment for the cooperation extended the Balb Island Improvement Association during Easter Week. (c) A letter from Mrs. Harry W. Mekeel, Balboa Island, thanking the Council, the Police, "and all who helped and gave their time to make Easter Week such a success." • (d) A letter to Chief U son from David J. Malloy complimenting t4 Police De te}►ifffit�on Page 217 C, Motion Roll Call Ayes Motion All Ayes m U Index n u Ord 91.9 adopted CA -10 C� Ord 849 re- adopted CA -10 40 CITY OF NEWPORT BEACH Page 218 - Volume 13 (April 25, 1960) _ the control of problems on Balboa Island during Easter Week. COUNCILMEN Mayor Stoddard read a letter from Dr. John Sanders, condemning the experience which his so and fourteen of his friends encountered during proposed stay at Balboa Beach during Easter vacation. Mayor Stoddard declared a five minute recess. The meeting reconvened with all members present. Concluding the Easter Week discussion, the follow- Motion in letters were ordered filed: (Agenda Item F -8 All Ayes (e� and Addenda to the Agenda Item l(b)) (a) The letter from Dr. John Sanders. (b) Letters commending the Council and the Police Department for the traffic controls initiated during Easter Week, from the following: William H. Schroeder; Mrs. W. J. Schworer, Sr.; Mr. and Mrs. C. Roger Moore; George S. Bailey. HEARINGS continued: 2. (Agenda Item E -2) Ordinance No. 919, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 2, rezoning Lots 7, 8, 9, 10, 11 and 12, Block 53, River Section, located at 5301, 5305, 5309, 5315, 5323 River Avenue, and a portion of Section 29, lying between said lots and River Avenue, Newport Beach; from an R -2 to an R -1 District, was presented for second reading. Mayor Stoddard opened the hearing. No one desired to speak from the floor. The hearing Motion x was closed. All Ayes Ordinance No. 919 was adopted. Motion Roll Call: Ayes x 3. (Agenda Item E -3) Ordinance No. 849, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 9102.2 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO ZONING AND SETBACK LINES, establishing setback lines and rezoning Tract No. 3277 from a U District to an R -1; rezoning Marinapark from an R -4 to a U District; rezoning Tract No. 1396 from a U District to an R -3; re- zoning property southeast of that area of Mariners Drive lying between Dover Drive and Irvine Avenue from a U District to an R -1, Tract No. 1896; was presente for second r adin . ATTEST: Page 218 3F9E3 0 0 v o. CITY OF NEWPORT BEACH COUNCILMEN Page 219 - Volume 13 Index I (April 25, 1960) Mayor Stoddard opened the hearing. Mr. Edward Healy and Mr. J. W. Drawdy spoke from the audi- Motion ence. The hearing was closed. All Ayes Ordinance No. 849 (previously adopted on June Motion 9, 1958, without a public hearing), was re- Roll Call adopted. Ayes 4. (Agenda Item E -4) Mayor Stoddard opened the R 5224 hearing regarding Amendment No. 2, amending the amending Street and Highway Unit of the Master Plan, Master t designating that the major, primary, and second- & Highway ary streets be as shown on a map entitled, Plan "Master Plan, City of Newport Beach, California, CA -128 Street and Highway," and on file in the Planning Department. No one desired to speak from the audience. Resolution No. 5224, amending the Master Street Motion • and Highway Plan, was adopted. Roll Call Ayes COMMUNICATIONS: Var 596 1. (Agenda Item F -1) A letter was presented from set for L. C. Minium, appealing from the decision of the hearing Planning Commission, denying Application for CA -13 Variance No. 596 for an encroachment of 3'4" into a 5' rear yard setback; Lot 16, Block 13, Section 3, Balboa Island; 707 North Bay Front. Mr. Minium spoke from the audience. The hearing on the matter was set for May 9, Motion 1960. All Ayes 2. (Agenda Items F -2, 3, 4) The following action Motion was taken: All Ayes Letter (a) A letter was ordered filed from Gene C. F'cke- Barrington, of Fricke - Barrington Construction, expressing appreciation for being allowed to Barring on withdraw a bid. CA -167 Uniformity (b) A letter was referred to the City Manager of CodeE for report from the Orange Empire Chapter of CA -57 International Conference of Building Officials, regarding uniformity of codes for the benefit of the community. Library (c) A letter was referred to the Library Board facilities of Trustees for information and recommendation CA -65 from the Parent Faculty Organization, Mariners Elementary School, Major John Gill, President, and Mrs. John M. Echternach, Legislative Chair- man, requesting that necessary funds be appropriated for the establishment of library facilities on the City -owned property adjacent to the School. Summons 3. (Agenda Item F -5) A Summons and Complaint, served on the City Clerk on April 18, 1960, in •& the Orange County Superior Court Action No. Compplai t 87681, George Dawson, laintiff, v of CA-84 ATTEST: Page 219 E3 xlx xl x CITY OF NEWPORT BEACH COUNCILMEN Page 220 - Volume 13 Index (April 25, 1960) Newport Beach, John Upson, et al.; alleging damages in the sum of $5000 for wrongful arrest on December 3, 1959, was presented. The City Clerk's action, in referring the matte to the insurance carrier, was confirmed. The City Attorney was authorized to appear on behalf of the City, the Chief of Police, and an other officers or employees of the City who may be served in the Action; and the City Attorney was authorized to cooperate with the insurance carriers and permit them to assume defense if they so desire. Balboa 4. (Agenda Item F -6) A copy of an Application of Island the Balboa Island Ferry, a California corpora- tion, regarding rates before the Public Utili- Ferry ties Commission of the State of California; re- CA-70 questing an order by the Commission establish - 36 ing the proposed amendments to the rate schedule C� was ordered filed. 5. (Agenda Items F -7 (a), (b)) The following re- ports were ordered filed from the Controller of the State of California: Motor (a) Estimates of apportionments of Vehicle Vehicle License Fee Revenues for the 1960 -61 fiscal License year; Newport Beach, $114,900. Fees (b) Advance apportionment of Vehicle License Fee CA -58 Revenues for the 1959 -60 fiscal year; for the eriod December 1, 1959, through May 31, 1960, 82,480. 6. (Agenda Item F -9) The following Minute Minute Resolution was adopted: Resolution RESOLVED, that this Council has no University intention of annexing any part of C mmuni y the University Community. OCA- 3 Summons 7. (Agenda Item F -10) The City Clerk's action was & Compl. confirmed in referring to the insurance carrier: CA -84 a Summons and Complaint in the San Bernardino Superior Court Action No. 100928, Duane Parker, etc., Plaintiff, vs. City of Fontana, Bart McDermott, City of Newport Beach, County of Orange, State of California, et al., Defendants, alleging damages in the amount of $500,000 for personal injuries sustained when Plaintiff dove from a rock on June 6, 1959, at the Corona del Mar State and City Beach. 8. (Agenda Items F -11 (a), (b), (c), (d)) The ABC following copies of Alcoholic Beverage License licenses were approved: CA -63 (a) Person to person transfer, on -sale beer, Harold J. Yaeger, Beach Roamer, 104 Main Street Balboa; which has been superseded by person to • person transfer, on -sale beer, Paul B and Stuart P. Fonter, Beach /Roamer, 104 i eet Balboa. (v/ ATTEST: Page 220 Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes IN 0 CITY OF NEWPORT BEACH COUNCILMEN Page 221 - Volume 13 .LndOl - (April 25. 1960) 1�`N (b) New on -sale beer, William H. Blust, The Pub, 6450 -60 West Coast Highway, Newport Beach. (c) Person to person transfer, on -sale beer, Gladys R. and Peter D. Refakes, "Pete's Cafe," 6204 Coast Highway, Newport Beach. LICENSES: 1. (Agenda Item G -1) The Application for License of Appli Pete Norton and W. D. Adams for a floating snac for bar to serve food to people in small boats in floatin Newport Harbor, diaried for consideration at snack this time at the request of former Councilman bar C. A. Higbie, was presented. CA -63 A letter was presented from Kenneth Sampson, Harbor Manager and Secretary to the Harbor Commission, stating that the Orange County Harbor Commission, on April 18, unanimously • recommended that said application be approved under the following conditions: (1) That the license be issued for a probationary period only; and (2) That the license be made revocable if the operation of this business is found by the Harbor Master of the Orange County Harbor District to interfere with the traffic or navigation in the Harbor. Mr. Pete Norton spoke from the audience. It was directed that Mr. Norton be advised of Motion x the proper procedures to apply for a license. All Ayes 2. (Agenda Items G -2, 3) The following Applications Motion for License were approved: All Ayes License CA -63 (a) Exempt, Mrs. Robert L. Unger, Secretary, Girls' Club of the Harbor Area, 2189 Tustin Avenue, Costa Mesa, selling flowers on sidewalk in the City of Newport Beach for annual fund raising drive for Girls Club of the Harbor " Area, to be held May 6 and 7, 1960; sales to be conducted in front of stores only. (b) Peter D. and Gladys R. Refakes, dba, Pete's Cafe, 6204 West Coast Highway, Newport Beach, adding on -sale beer to existing license. 3. The City Manager presented the Application for License of William H. Blust, dba, The Pub, 6450 West Coast Highway, Newport Beach, on -sale beer and pre - packaged foods, being a change of Motion ownership, which was approved. All Ayes ADDITIONAL BUSINESS: 1. (Agenda Item H -1) Ordinance No. 915, being Ord 915 adopted AN ORDINANCE OF THE CITY OF NEWPORT BEACH CA -70 REPEALING SECTION 10110 AND ADDING SECTIONS 10110 THROUGH 10110.8 TO THE NEWPORT BEACH • MUNICIPAL CODE RELATING J.Q0 HARBOR �A ATTEST: �i, Page 221 CITY OF NEWPORT BEACH Page 222 - Volume 13 index (April 25, 1960) was presented for second reading. Ordinance No. 915 was adopted as approved on ApV,iL.11, 1960. R 5225 2. (Agenda Item H -2) Resolution No. 5225, author - Identi- izing the Mayor and City Clerk to execute a con - Kit tract with the Townsend Company, Identi -Kit CA 39 C 69 Division, was adopted. City 3. (Agenda Item H -3) The request of F. G. Grant, parking to submit proposals regarding parking lots in lots the City of Newport Beach, was ordered filed,' CA -22 inasmuch as Mr. Grant had presented proposals for recreational._parking only., a'.City operation. Resub 4. (Agenda Item H -4(a)) The matter of an agreement appli between Marvin A. Kirkwood and Joan A. Kirkwood agrmt in connection with a resubdivision application, CA -129 was held over for consideration on May 9, 1960. Mr. J. W. Drawdy spoke from the audience and • stated that a Variance was before the Planning Commission in regard to subject property. 5. (Agenda Item H- 4(b)(1)) The introduction of an ordinance concerning the Building Department SwimminE aspects of swimming pools was held over for pool presentment on May 9, 1960. ordinances CA -164 6. (Agenda Item H- 4(b)(2)) The introduction of an ordinance concerning the Planning and Zoning aspects of swimming pools was held over for presentment on May 9, 1960. Rezonin 7. (Agenda Item H -4(c)) The Application of Charles appli E. Mack, Trustee, requesting rezoning from an CA -10 R -2 to a C -1 District of property located at 426 Jasmine Avenue, Corona del Mar, (Planning Commission Amendment No.'86) recommended for denial by the Planning Commission, was set for hearing on May 9., 1960. OCity 8, (Agenda Item H -5) The request of the City Clerk CIerl for permission to attend the City Clerk's request Institute on May 5 and 6 in Berkeley, was CA -93 granted. Parking 9• (Agenda Item H -6(a)) The City Manager was lot B instructed to produce plans and specifications CdM Beach to accomplish the paving of Lot B, as shown on CA -49 the Master Plan of Corona,del Mar State and City Beach, and also to study the islands in Lot A for inclusion in the plans and specifi- cations regarding Lot B. Roads & 10. (Agenda Item H -6(b)) The report of the City City St Manager and Public Works Director regarding deficiency roads and City street deficiency, required by report Section 2156 of the Streets and Highways Code CA -69 and SCR No. 62, was approved. Tr 2758 ll.(Agenda Item H- 6(c)). As recommended by the City imprs Manager and Public Works Director, the improve- ments as required by the agreement between CA-23 Irving C. Jordan, Inc., and the City, in Tract No. 2758, were accepted; and it was directed that the surety bond be/#eleased. / ATTEST: u C yor J v age 222 r,«. --. COUNCILMEN Motion Roll Call Ayes x x Motion N Roll Call Ayes x x Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes Motion A Ayes � 111 tj x ndex Street right o way thr City Disposa Area CA -38 Resurf- acing streets CA -29 r L Park plant CA -49 Edgewat right o way rep CA -14 • CdM concess bldg plans CA -49 C -666 Communi recreat program CITY OF NEWPORT BEACH I COUNCILMEN Page 223. - Volume 13 (April 25, 1960) 12.(Agenda "Item H -6(d)) The proposal for an arterial street right of way through the City -owned dis- posal area, as designated on a City of Newport Beach engineering map numbered 54- 2937, was ap= proved in principle, subject to determination of the exact location pending further engineering study; and a north -south street was authorized providing that it be installed at no cost to the City and to the satisfaction of the City Manager, and subject to the approval of the Public Wofks Motion Director. All Ayes 13.(Agenda Item H -6(e)) The plans and specifications for the resurfacing of certain streets in Corona del Mar and Newport Heights were approved, and the City Clerk was authorized to advertise for bids to be received in her office on May 19, Motion 1960, at 10:30 A.M. All Ayes, 14.(Agenda Item H -7) A letter from the Parks, Beaches and Recreation Commission recommending planting of a lawn in Mariners Park be done in October, and requesting an appropriation of $1000 for trees and shrubs to be planted immediately, was presented. After consideration, the City Manager was in- structed to proceed with the planting of the lawn immediately and that the planting of the trees and shrubs be held over until the Council Motion has further information on the plans. All Ayes 15.(Agenda Item H -8) Councilman Somers, as Chair- man of the Committee investigating the petition r of the residents in the Edgewater -Buena Vista area, regarding proposed abandonments of rights rt of way, gave an oral report regarding the Edgewater right of way phase only. Councilman Somers stated that, after considerable dis- cussion and meetings with representatives of those involved, the recommendation of the Committee was that the request for the vacation of Edgewater Drive be filed, and that no furthe action be taken on it. Said report was receive and approved and Councilman Somers was thanked for his arduous work in connection with the Motion matter. All Ayes Attorney Carl C. Cowles spoke from the audience 16.(Agenda Item H -9) The plans for the concession n building at Corona del Mar State and City Beach in accordance with the contract with Tosh Bros. were reviewed. The plans were approved and Tosh Bros. were authorized to execute a contract for the Motion construction of the building. All Ayes 17.(Agenda Item H -10) A proposed agreement with th n Newport Harbor Union High School District re- garding community recreation programs, was Motion approved in principle. All Ayes 18.(Agenda Items H -11 (a) (b), (c), (d""")///) e- Motion following Budget Amend nts were o ed/' ell Ayes 9 Page 223 0 0 9 Index Budget CA -102 r 1 u Maclean papers re con- cession CA -49 C -666 R 5226 Tosh Bros. C -666 Sanita- tion Di 4rds CA -34 Propos fire s site CA -38 Ltrs re Balboa Island 40 CA -74 CITY OF NEWPORT BEACH - Page 224 - Volume 13 (April 25, 1960). (a) No. C -101, in the amount of $2500, being an increase in Budget Appropriations from Unappro- priated Surplus, Park and Recreation, to Park and Recreation, Mariners Park Improvements; for s completion of sprinkler system and plantings. (b) No C -102, in the amount of $800, being Additional Budget Appropriations from Unappro- priated Surplus, Capital Outlay, to Park and Recreation, Land Improvements; for: Material for extension of 6' water main from Breakers Drive to Service Area No. 1, and installation of one fire hydrant. (c) No. C -103, in the amount of $430.34, being an increase in Budget Appropriations from Un- appropriated Surplus, Parking Meters, to Parki Meters, Land Improvements, City Hall Parking Lot; for amount of money to complete City Hall parking lot. (d) No. C -104, in the amount of $600, being an increase in Budget Appropriations from Unappro- priated Surplus, General, to City Hall- Mainte- nance, Buildings, to complete maintenance of City Hall. COUNCILMEN 19.(Agenda Item H -12) The City Clerk was authorize4 Motion to return the personal papers submitted by All Ayes Maclean's Frozen Foods, Inc. in connection with its bid for the concession at the Corona del Ma State and City Beach Park. 20.(Agenda Item H -13) Resolution No. 5226, amen the concession agreement with Tosh Bros., by reducing the amount of the surety bond from $30,000 to $20,000, was adopted. 21.(Agenda Item-H-14) Reconsideration was given to alternates on Sanitation District Boards 5, is 6 and 7. The following nominations and appoint ments by the Mayor were approved: Councilman Hart was appointed the alternate to the Mayor o: the Boards for Districts 5 and 6. Councilman Cook was appointed alternate to the Mayor on District 7. The City Clerk was instructed to advise the Clerk of the County Sanitation Dis- trict Boards that Councilman Cook will answer the roll on District 7 instead of the Mayor. 22.The City Attorney was requested to investigate and report in regard to the possible acqui- sition of the westerly 5' of Lot 13, Block 1, East Newport Tract, for the proposed fire station site. 23.ADDENDA TO THE AGENDA ITEMS: (a) The letters previously referred to in the discussion regarding Easter Week from the Balboa Island Business Association and the Balboa Island Improvement Association, were held over for presentment by the Clerk on the Council agenda at a t e agreeablee to both groups. �o�•( ���1�� ATTEST: // Page 224 Motion 1 Call: Ayes Motion All Ayes Motion All Ayes x x index Req f stop CA -19 Water Dept CA -3 Harb o High water CA -1 Bldg Dept. 40 refu CA -1 Adjo • • CITY OF NEWPORT BEACH Page 225 - Volume 13 (Anvil 9S- . -1Q6n) COUNCILMEN 8 Water Department yards to the South Coast Construction Company, was referred to the City Motion x Manager for report and clarification. All Ayes r (d) (Item 4) A letter from Walter J. Koch and lan s Roger W. Wilcox of Harbor Highlands requesting information as to when said area may receive 2 water from the City of Newport Beach, was Motion x referred to the City Manager for reply. All Ayes (e) The request of Virginia (Brenda) Bollman for a refund of a double fee which was charged in error in connection with the issuance of Building Permits numbered 21988 and 22458, was granted, and refund of the overpayment was Motion x nd authorized. All Ayes 00 24.The meeting was adjourned. Motion x urn d All Ayes ATTEST: " Lo Mayor City er J Page 225 (b) (Item 2) A petition, signed by seven indi- or v viduals, requesting a stop sign at the corner of sin 3 33d and Lake Streets, was referred to the Traffic M Motion x x Committee for a report. A All Ayes (c) (Item 3) A letter from Walter B. Mellott, ya d ds regarding a.proposed lease of the former City