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HomeMy WebLinkAbout05/09/1960 - Regular MeetingIndex • Var. L C M CA -13 0 IN No. 86 CA -10 0 Weed Abate CA -11 0 CITY OF NEWPORT BEACH `COUNCILMEN Page 226 - Volume 13 Minutes of REGULAR MEETING OF Date of Meeting: May 9, 1960 Time of Meeting: 7:30 P.M. Place of Meet_i_ne: Council Cham Roll Call: THE CITY COUNCIL The reading of the minutes of April 25, 1960, was waived and the minutes were approved as written and ordered filed. HEARINGS: 1. (Agenda Item E -1) Mayor Stoddard opened the hearing regarding the appeal of L. C. Minium from the decision of the Planning Commission -um denying Application for Variance No. 596, re- questing permission to encroach 3'4" into a re- quired 5' rear yard setback to extend existing garage 2 °6 ", for the purpose of creating a walkway between the patio and the kitchen; Lot 16, Block 13, Section 3, Balboa Island, 707 North Bay Front. Mr. Minium spoke from the audience and, after discussion, stated that he desired to amend his Application. Planning Director J. W. Drawdy spoke from the audience. The hearing was closed. The matter was referred back to the Planning Commission to enable Mr. Minium to amend his Application to request a 2'k° encroachment into the required 5' rear yard setback. 2. (Agenda Item E -2) Mayor Stoddard opened a hearing regarding Planning Commission Amendment on No. 86, regarding the Application of Charles E. t Mack, Trustee, for the rezoning of property located at 426 Jasmine Avenue, Corona del Mar, from an R -2 to a C -1 District; Lot 22, Block 437. Tract Corona del Mar. Mr. Mack and Payne, spoke cussion, Mr. to modify hi C -1 -H zoning C -1. his representative, from the audience. Mack requested that s Application to be of subject property Mr. Thomas After dis- he be allowed a request for rather than The amended request of Charles E. Mack, Trustee to rezone Lot 22, Block 437, Tract Corona del Mar, from R -2 to C -1 -H, was approved. 3. (Agenda Item E -3) Mayor Stoddard opened the meeting to hear objections and protests for the t proposed removal of weeds determined noxious by the Council of the City of Newport Beach, as set forth in Resolution No. 5212, adopted April 11, 1960; Notice to Destroy Weeds and Notice of Hearing having been duly posted. Mr. James Crane of Corona del Mar stated that he had property at 607 Jasmine under cultiva- tion, and that he did not wish to have the Street Department attempt to destroy the weeds growing among his plantings. He agreed to re- move the weeds himself as quickly as possible. The hearing was closed. /) ! ' ,--, ATTEST: Page 226 Present, Motion All Ayes Motion All Ayes Motion All Ayes Motion Ayes Noes Motion A Ayes CITY OF NEWPORT BEACH COUNCILMEN Page 227 - volume 13 Index (May 9, 1960) The Street Superintendent was ordered to abate the nuisance or to cause it to be abated by having the weeds, as set forth in Resolution No Motion 5212, removed. All Ayes COMMUNICATIONS: 1. (Agenda Items F -1(a), (b)) The following letter Balboa were ordered filed with other communications on Motion Island this subject: (a) A letter from Jo Ann Smith All Ayes parkinE criticizing the Council and the Mayor for the CA -74 manner in which the parking on Balboa Island was discussed at the meeting held April 25. (b) A letter from V. P. Baker commending Mayor Stoddard for the competent handling of Balboa Island problems. 2. (Agenda Item F -2) The request of Seal's Ambu- lance for proposed rate changes, was presented. Councilman Kingsley made a motion to approve Motion the rates as presented. Seal's Larry Seal spoke from the audience and said the Ambulance rates requested were the same as would be used Service in all of Orange County. Through inquiry of proposed Mr. Seal by the Mayor, it was noted that, ac- rate cording to Mr. Seal, two rates only had been changes increased. CA -110 Councilman Kingsley amended his motion to ap- prove the rates on the basis that two rates only had been increased. A vote was taken on said Ayes motion which failed adoption. Noes The matter was referred to the City Manager and the City Attorney for comparison with other correspondence and for report back with a Motion recommendation. All Ayes 3. (Agenda Item F -3) Copies of resolutions of the E1 Centro City Councils of the City of E1 Centro and the and City of San Diego, urgently requesting the pro - San Diego ducers, distributors and exhibitors of motion resolut'onsPictures to cease forthwith the presentation of CA -48 films to the public which are salacious, consti- tuting a menace to the morals of the people as Motion a whole, were ordered filed. All Ayes Mariner 94. (Agenda Item F -4) A letter was ordered filed Motion Park ar a from'Leon Ware, Chairman, Board of Library All Ayes library Trustees, stating that the Mariners Park area CA -65 is not sufficiently built up to justify the expense of a library at this location. Claim 5. (Agenda Item F -5) The City Clerk's action was Motion for confirmed in referring the verified claim of All Ayes Damages Mrs. Elizabeth Hess, received by the City Clerk CA -84 on May 2, 1960, for alleged accident damages sustained on April 20, 1960, on Balboa Boule- yard, 6. (Agenda Item F -6) A letter was ordered filed from Motion from Mrs. A. J. Ball, who ented a home on All Ayes ashor Seashore Drive last summe I express h re Dr summ r condi- ATTEST• �4 tions y CA -49 1 y Clerik Page 227 In La Be Co Ct Di le CA Mo Oi co C- • Fl sn pr CA AB 1i CA R La Co fo st si CA C_ CITY OF NEWPORT BEACH COUNCILMEN Page 228 - Volume 13 o `6` A dex - (Ma 9 1960 ) p p m3 a 0 1 � o• Index • Licen CA -63 C� J Archi propo fire stati CA -38 n U Pier Permits CA -130 9 CITY OF NEWPORT BEACH Page 229 - Volume 13 (May 9, 1960) APPLICATIONS FOR LICENSE: 1. (Agenda Items G -1, 2, 3, 4) The following Appl cations for License were approved: (a) Exempt, Mrs. Agnes E. Wukowitz, 200 Via Antibes, Apartment 2, Newport Beach; selling Dr Dooley's books, "The Edge of Tomorrow" and "Deliver bs From Evil," for the purpose of raising funds for MEDICO, a non - profit organi- zation; sale to be held outside Richard's Markel 3433 Via Lido, on Fridays and Saturdays, (b) Exempt, Hugh L. Wright, Chairman, Orange County Multiple Sclerosis Council, Southern California Chapter, P. 0, Box 882, Santa Ana, house to house soliciting on May 8 to June 19, 1960. (c) Exempt, Walter Winters, President, Orange County Association for Mental Health, 1302 North Broadway, Santa Ana, house to house soliciting of funds for the National Associat for Mental Health, during the month of May through June 3, 1960. (d) Harry Eddas, dba Jolly Boy Cafe, 221 - 19th Street, Newport Beach, adding on -sale beer to existing restaurant license. In connection with the proposed construction of a 'fire station in Balboa, approval was given to the iemployment of J. Herbert Brownell as Architect, and the City Manager and City Attorney were di- rected to prepare an agreement which would provide for the employment of Mr. Brownell and the collabo ration of Raymond Kent Harvey. PIER PERMITS: 1. enda Items H -1(a), (b), (c), (d), (e), (f), �g1, (h)) The following applications for pier permits, as recommended for approval by the Joint Harbor Committee on May 3, 1960, were approved: (a) Wrather Investment, Inc., to revise 4 ex- isting boat slips and construct 33 new boat slips, bayward of the Balboa Bay Club, with the stipulation that none of the installation be bayward of the Orange County property. (b) Wrather Investment, Inc., to construct 700 lineal feet of reinforced concrete bulkhead bayward of the Balboa Bay Club. (c) Albert D. Smith, to construct pier, brow and float bayward of Lot 20, Block 15, Section 3, Balboa Island, being 911 North Bay Front. (d) V. V. Brown, and pier bayward Section 1, Balboa Front. ATTEST: to install finger slip, ramp of Lot 2, 1/2 of 3, Block 1, IslanA, being 106 mouth Bay Page 229 . - - .I - COUNCILMEN Motion All Ayes Motion All Ayes Motion x CITY OF NEWPORT BEACH COUNCILMEN Page 230 - Volume 13 Index (May_ 9,_ 1960) (e) W. D. K. Gibson, to install finger slip and ramp bayward of Lot 10, 1/2 of 11, Tract 756, being 2021 East Bay Front. Subject to approval Pier of the U. S. Corps of Engineers. permits cont. (f) W. H. Bowman, to install pier, ramp and floa CA -130 bayward of Lot 4, Block 537, Canal Section, beinj 506 West 38th Street. Subject to approval of the U. S. Corps of Engineers. (g) Robert McCulloch, to remodel and renew ex- isting pier, brow and float bayward of Lot 442, Tract 907, being 533 Via Lido Soud. Subject to approval of the U. S. Corps of Engineers. (h) Lars Lavagnino and Dr. J. K. Lipscomb, to construct joint ownership pier and float bayward of Lots 3 and 4, Tract 3283, being 415 and 521 Bayside Drive. • 2. (Agenda Item H -1(i)) The application of J. S. Petsch, to construct pleasure pier and float bay Petsch ward of Lot 6, Block 1, Section 5, Balboa Island Pier being 1510 South Bay Front, with the stipulation Permit that a groin be installed beneath the deck of CA -130 the pier, was presented. Councilman Somers stated that petitions, bearing approximately twenty signatures of owners of property in the vicinity of the proposed pier, had been received opposing said application, and that an additional petition signed by four persons originally in favor and now disfavoring said pier, had also been received. Councilman Somers stated that when the Joint Harbor Com- mittee had reviewed the application, the oppo- nents of the permit had not made themselves know Attorney Mark Soden spoke from the audience representing the objectors. Mrs. Lee Chase and Mrs. Edith Henry, 117 Abalone, spoke from the • audience opposing said pier. Mr. Petsch was not in the audience. The application of J. S. Petsch for said pier and float permit was denied. 3. (Agenda Items H -2(a), 3(a)) The following appli- Pier cations, recommended for approval by the Joint Permits Harbor Committee on February 5 and April 5, CA -130 1960, respectively, were approved: (a) Lido Peninsula Company, to construct boat slips bayward of the southeasterly side of the Lido Peninsula, subject to approval of the U. S. Corps of Engineers. (b) G. Lyle Harbour, to construct a bulkhead bay ward of Lots 879 and 880, Tract 907, being 105 Via Lido Soud, with the condition that the con- sent of the Lido Isle Community Association be obtained. (A letter dated. April 21, 1960, from • the Lido Isle Community Association indicated the Association's approva ) ATTEST: Mavor Page 230 Motion All Ayes Motion All Ayes it N N 1 Z O O CITY OF NEWPORT BEACH - Page 231 - Volume 13 Index (May 9,_ 1960) ADDITIONAL BUSINESS: R 5228 sion Agrmt CA -129 Swim pool ords. he ld o) CA -164 • Final Map Tr 32 R 5229 auth imprs CA -23 Final Map Tr 36 . (Agenda Item I -1(a)) Resolution No. 5228, author izing the Mayor and City Clerk to execute an L- agreement between Marvin E. Kirkwood and Joan A. Kirkwood, in connection with a resubdivision application, the resolution to include agreement of the City, and Mr. Kirkwood,..-as to theheight of the garage-to be constructed.-on,.-the re- subdivision, was adopted: . (Agenda Items I- 1(a)2(a), (b)) The introduction of an ordinance concerning the Building Depart- ment aspects of swimming pools, and an ordinance r concerning the Planning and Zoning aspects of swimming pools, was held over for presentment at a later date. . (Agenda Items I- 1(b)l, 2) TRACT NO. 3201: (a) The Final Map of Tract No. 3201 was approved and the City Clerk was authorized to sign said Map. (b) The offer of the subdivider to dedicate Quail Street to the City of Newport Beach, was rejected. COUNCILMEN � v a za��'�ppo Motion I Ix Roll Call: Ayes x x Motion All Ayes Motion All Ayes (c) Resolution No. 5229, authorizing the Mayor and City Clerk to execute an agreement between The Irvine Company and the City of Newport Beach Motion for the construction of improvements in Tract Roll Call No. 3201, was adopted. Ayes (Agenda Items I- l(c)1, 2) TRACT NO. 3606: (a) The Final Map of Tract No. 3606 was approved and the City Clerk was authorized to sign said Motion Map. All Ayes R 5230 (b) Resolution No. 5230, authorizing the Mayor auth and City Clerk to execute an agreement between • imprs Westcliff Development Company and the City of Motion Newport Beach for the construction of improve- Roll Call CA -23 ments in Tract No. 3606, was adopted. Ayes Traffic 5. (Agenda Item I -2(a)) In accordance with the signal recommendations of the City Manager and Public system Works Director, the construction of the traffic C -652 signal system at 32d and Newport Boulevard by Steiny and Mitchel, Inc., contractor, was ac- cepted; the surety bonds were ordered released; and the City Clerk was authorized to file a Notice of Completion. Sewer 6. (Agenda Item I -2(b)) In accordance with the line recommendations of the City Manager and Public Tr 444 Works Director, the improvements required by the CA -23 agreement with John F. Vogel and Ermon W. Smith for the extension of a sewer line to serve a third parcel made by the subdivision of two lots which extended from La Jolla Drive to Catalina Drive, were accepted; nd the suret bond was • ordered released. �/ Page 231 Motion All Ayes Motion 1 Ayes xlxlxlx CITY OF NEWPORT BEACH COUNCILMEN Page 232 - Volume 13 Index (May 9, 1960) • 7. (Agenda Item I -2(c)) The report of the City Manager regarding the proposed widening of Bayside Bayside Drive between Coast Highway and Marine Drive Avenue, dated May 4, 1960, was accepted; and the widening proposed widening of the right of way by twelve CA -29 feet was authorized, the cost to be borne by the City conditioned that the right of way is donated by The Irvine Company. R 5231 g, (Agenda Item I -2(d)) Resolution No. 5231, autho Margaret iiing the execution of an agreement with Evans Drive G. Parker, Nadyne R. Parker, Louise A. Senger dedicat'onand John F. Vogel, for the dedication and im- & impr, provement of a portion of Margaret Drive adjace Portion of to the southeasterly 130' of Lot 27, Newport CA -29 Heights Tract, was adopted; and the Mayor and City Clerk were authorized to sign said agree- ment upon the approval of the City Attorney. 9. (Agenda Item I -2(e)) NEWPORT BOULEVARD IMPROVE- MENTS - PACIFIC ELECTRIC PROPERTY: • The following motion was unanimously adopted: Motion re Newp Blvd im Pacific Electri propert CA -113 CA -29 n ►J Las Arenas tennis court bids CA -49 E The City Council considers Plan "A" not feasi- ble, and requests that the Planning Commission re- examine alternative plans. The City Council must act promptly to accomplish purchase of Pacific Electric right of way, and adoption of a street improvement plan must precede the pur- chase. A report dated May 5, 1960 from the City Man and the Public Works Director is transmitted for the information of the Commission. The Council requests early review and recom- mendations from the Planning Commission includ- ing specifically the Commissions conclusions regarding both Plan "B" and Plan "C ". The Council suggests that the Commission meet this week so that Council action may be taken at an adjourned Council meeting May 16. The Planning Commission meeting should be publi- cized so that the public, and particularly property owners in the vicinity, may be present to express their views. The City Manager is directed to attend the Planning Commission meeting to discuss financial aspects of the matter. .(Agenda Items I- 2(f)l, 2) A report and analysis by the Public Works Director of bids for tennis court construction at Las Arenas Park, as re- ceived in the office of the City Clerk on May 5, 1960, was presented. It was stated that Friends collect additional funds i n "luxury" items of the te�ani could be installed. // ATTEST: of Tennis proposed'to order that the court construction Page 232 Motion All Ayes Motion Roll Call: Ayes xxxxxxx All Motion x Index •R 5 tennis bids CA -49 Las Arenas Park Master Plan CA -49 r1 LJ R 5233 CdM Bei parkin; area imprs. CA -49 Baysid Dr -Mar Ave in CA -74 CA -29 0 R 5234 struc- tural f protect tax exe tion CA -107 Commit CA -60 E CITY OF NEWPORT BEACH COUNCILMEN Page 233 - Volume 13 (Mav 9; 1960) Resolution No. 5232, authorizing the Mayor and 32 City Clerk to execute a contract with the low ct bidder, Jack Higginson, at the contract price of $14,550, was adopted. A letter was presented from G. Mark Engelke, Chairman of the Parks, Beaches and Recreation Commission, submitting recommendations that Plan #2, indicated on alternate schematic map drawing No. 21 -2941, be adopted for the Master Plan for Las Arenas Park. Plan #2, locating said tennis courts westerly of the existing concrete foundations, was adopted. Mr. Edward Healy spoke from the audience express ing appreciation to the Council for the action in regard to this matter. 1.(Agenda Items I- 2(g)l,.2) The recommendations from the City Manager and Public Works Director regarding the receipt and opening of bids in the office of the City Clerk on May 5, 1960, for the construction of improvements to the parking area h of the Corona del Mar State and City Beach Park (generally westerly and southerly from the foot of the Iris Avenue ramp), were presented. Resolution No. 5233, authorizing the Mayor and City Clerk to execute a contract with the low bidder, Sully- Miller Contracting Company, at the contract price of $12,901, with the provision that prior to the start of the work authorizatia to commence be obtained from the Public Works Director, was adopted. .The City Manager was instructed to explore the possibility of engaging outside engineering help -in the design'of the intersection of Marine Avenue and Bayside Drive, and to report back as soon as possible as to costs. .(Agenda Item I -3) Resolution No. 5234, being a resolution of the City Council of the City of Newport Beach authorizing a petition to the Boar4 of Supervisors.of Orange County to have property e within the City of Newport Beach excepted from nthe levy of any Orange County tax to provide - structural fire protection, was adopted. .(Agenda Item I -4) The following Committees were reactivated, continued, or reorganized: COUNTY DOCK Harvey Somers EDGEWATER BEACH Harvey Somers, Chairman Charles E. Hart James B. Stoddard Walter W. Charamza COMMITTEE APPOINTED TO INVESTIGATE, STUDY AND PORT ON PETITIONS RE ABANDONMENT PORTI0SPUEN. VISTA BOULEVARD /i �i ATTEST: Page 233 = m3 u,ZLOa Motion Roll Call Ayes Motion All Ayes Motion Roll Call: Ayes Motion All Ayes Motion Roll Call: Ayes Motion All Ayes x Index 0 Commi cont. CA -60 0 0 0 (May 91960 H C J BUSINE es C HARBOR H LAND K e PROPOS H C PACIFI C W R LIBRAR K J L M 0 R M COMMIT CUMBER D W J R M PARKIN H K H R ( CHARIT H J M M W PROCED K EXCLUS H J R W D ATTEST: CITY OF NEWPORT BEACH Page 234 - Volume 13 COUNCILMEN 2y6 aNN <�Z�ya, AND LEASE COMMITTEE nneth C. Kingsley, Chairman (To select other members of the Committee) ED BALBOA PARKING DISTRICT Harvey Somers, Chairman ans J. Lorenz harles E. Hart C ELECTRIC SUBCOMMITTEE harles E. Hart, Chairman W. W. Charamza obert Shelton Y SITE COMMITTEE enneth C. Kingsley, Chairman . Frank Atkinson eon Ware rs. Dorothy Harry . W. Richard obert Hurwitz rs. Roscine Feeley TEE TO WORK WITH PLANNING COMMISSION RE SOME AMENDMENT PROCEDURE ee Cook, Chairman alter W. Charamza . W. Drawdy obert Shelton argery Schrouder 3 ADVISORY COMMITTEE ans J. Lorenz, Chairman enneth C. Kingsley, Vice Chairman arvey Somers, Vice Chairman obert Shelton, Secretary Additional members of the Committee to be selected by the Chairman) ABLE SOLICITATIONS COMMITTEE arvey Somers, Chairman ack Barnett rs. Mary Burton rs. John Hall illiam O'Bryon URE AND INTERNAL AUDIT COMMITTEE enneth C. Kingsley, Chairman ION FROM COSTA MESA COUNTY WATER DISTRICT ans J. Lorenz, Chairman Frank Atkinson obert Shelton alter W. Charamza onald C. Simpson / n Page 234 .W arvey Somers, Chairman harles E. Hart ames B. Stoddard SS LICENSE harles E. Hart, Chairman (To select other members of the Committee) LEGISLATION arvey Somers .W Index 0 Budget CA -102 n u PE proper funds CA -113 Budget Amendm CA -102 Budget Amendm CA -102 r. u CITY OF NEWPORT BEACH COUNCILMEN Page 235 - Volume 13 (May 9. 1960) 15.(Agenda Items I -5(a), (b)) The following Budget Amendments were approved: (a) No. C -105, being an increase in Budget Ap- propriations, in the amount of $13,930:72, from Unappropriated Surplus, Capital Outlay, to Park & Recreation, Land Improvements for Corona del Mar State and City Beach Park Improvements: Construction of electric and telephone conduit - Service Area No. 1 - $276.46; cost differentia between overhead and underground electrical service to Service Area No. 1 - $578.26; materi+ for installation of water lines in planted island, Parkin g Lot A - $175; improvement of Parking Lot A (Paving) - $12,901; total $13,930.72. (b) No. C -106, being an increase in Budget Ap- propriations, in the amount of $650, from Un- appropriated Surplus, Park & Recreation, to Park & Recreation, Land Improvements for planting, Mariners Park. 16.The City Manager was instructed to set aside I sufficient moneys from this Tear's surplus, without committing next year s surplus, from Gas Tax Funds, Capital Outlay, and the General Fund, for the acquisition of the Pacific Electric property. 17.Budget Amendment No. C -107, in the amount of $18,000, being an increase in Budget Appropri- t ations, from Unappropriated Surplus, Capital Outlay, to Fire, Land and Land Rights; for land for relocation of Fire Station No. 1, was ap- proved. 18.Budget Amendment No. C -108, in the amount of $6050, being an increase in Budget Appropri- t ations, from Unappropriated Surplus, Park and Recreation, to Recreation, Park, Beaches and Recreation - Land Improvements; for additional funds for Las Arenas Park tennis courts, was approved. Mariner 19.The perimeter planting plan as shown on the Park P1 n Mariners Park Plan #4, dated May 9, 1960, was CA -49 approved. R 5235 120.Resolution No. 5235, declaring certain property surplus to be surplus, authorizing its sale and setting propert out the procedure for its sale; being a single CA -38 story wood frame dwelling located at 213 Walnut Street, Tract No. 772, was adopted. Adj 0 21.The meeting was adjourned to 8 :00 P.M. May 16, d 1960. ATTEST: Page 235 Motion All Ayes Motion All Ayes Motion All Ayes x x Motion x All Ayes Motion x All Ayes Motion x loll Call: Ayes x x x x x Motion x All Ayes