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HomeMy WebLinkAbout03/12/1962 - Regular Meeting,ndex lqvmw� Closing hours at beaches CIS 49 Il Ord 992, "Wedge" Swimming CA 49 ,0 CITY OF NEWPORT BEACH Page 170 - Volume 15 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: March. 12, 1962 Time of Meeting:. 7 :30 P. M. COUNCILMEN oll Call: Present x x x x x x ayor Stoddard welcomed Mayor Jesse E. Riddle and William D. Martin, Councilman of Laguna Beach, who were Present is the audience. The. reading of the Minutes. of February. 26,, 1962,. was,waive ; Motion x he Minutes -were approved as-written and ordered.filed. Ayes x x x x x x RDINANCE FOR INTRODUCTION: 1. (Agenda Item F -1) An Ordinance was presented for. con- sideration,, being AN ORDINANCE OF THE. CITY OF NEWPORT BEACH AMENDING SECTION 4201 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO CLOSING HOURS.ON BEACHES 1 ,A discussion ensued. The following people participated .. %I in the discussion opposing the ordinance: Mrs. Robert, Powell, Norman Montapert, Tim Rysdale, Frank Jensen. Edward Healy made an inquiry about the proposed ordi- nance, Councilman -Hart made a motion to introduce the Motion x proposed ordinance, which motion failed to carry, and Roll Call: subject ordinance was not introduced. Ayes x x x Noes x x x ORDINANCE FOR ADOPTION: 1. (Agenda Item 0-1) Ordinance No. 992, being AN ORDINANCE: OF THE. CITY OF NEWPORT BEACH ADDING SECTION 4241 TO THE NEWPORT BEACH MUNICIPAL CODE RELATING TO PROHIBITING SWIMMING, prohibiting swimming, bathing or diving ,in. the ocean within 200 yards. of the shoreline. or 200 yards of the West Jetty at the "Wedge", was presented for second reading. Mayor Stoddard - opened the meeting for discussion. The following people participated in the discussion opposing the adoption of Ordinance No.. 992.and the closing of the "Wedge ": Judge Robert Gardner, Jack Coberly, Randy Reddick, Ken Perdomo, Norman Montapert, Be Boeck, Robbie Pillow, George Anderson, Jim Eubank, Frank Jensen, Bob Nealy, David Stern. On motion of Council- Motion x man Cook to disapprove, Ordinance No. 992 failed adop- Roll Call:. tion. Ayes x x x x x Noes x RECESS for five minutes was declared by Mayor Stoddard. The Council reconvened,_ with.a mehiK®rs pre nte$pt Councilman Somers. ATTEST: ayor \�^ ,9i S� City erk Page 170 Aiftdex March 12 1962 Grand Canal Dredging CA 70 Annexati A -50 C_1 108 .. R 5560 Annexati 0108 A -50 Balboa Inn Off - street Parking CA 21 R 5561 Parking Passes CA 21 R 5562 Parking C ,I1 CITY OF NEWPORT BEACH COUNCILMEN Page 171 - Volume 15 oozy` ° Councilman Cook presented a petition purported to be signed by thirty -one property owners.fronting on the Grand Canal, seeking to have the Grand Canal dredged, since the sand has shifted in a manner to almost close the waterway at low tide. Councilman Somers rejoined the meeting. I The following people spoke in behalf of the petition: C. E. uengst, Dwight F. McKinney, Mrs. Felling, W. H. Fawcet . . The matter was referred to the City Manager for investiga- M Motion x x ion and report bach on March 26. A Ayes x x x x x x x x x x x x CONTINUED BUSINESS: CITY OF NEWPORT BEACH Page. 172 - Volume 15 Mr. William Stewart was present in the audience and signified that he, concurred in the motion to adopt said resolution authorizing an agreement. A vote was.taken on Councilman Somers' motion„ which carried unanimous ly, and Resolution No. 5562 was adopted. COUNCILMEN Roll Call: Ayes A letter was. ordered. filed from William S. Stewart,. date Motion March 6, 1962, requesting clarification. of the waiver of Ayes off - street parking, for the proposed Balboa,Inn. BUSINESS: Repair 1. (Agenda Item I -1) A report was presented from the Pub] Cliff Dr. Works Director and City Manager recommending the CA 29 award of contract for repair. of Cliff Drive and.the appro al of plans. and specifications. A memorandum from the • City Attorney to the City Clerk regarding a resolution authorizing, subject contract, was.presented. R 5563 Resolution No. 5563, authorizing a public. works. contract Contract without advertising for bids; awarding, contract. to R. W. CA 29 McCiella*and' Sons; authorizing the Mayor and City Clerk Cm786 execute. "id contract (at the contract price of $7, 194.60) was adopted. Bid call 2..(Agenda Item l -2) A report. was presented from the Publi Sewer re Works 'Director and City Manager recommending approva placement of plans, and specifications, for replacement of sewers. on CA 32 Balboa Peninsula and old Newport areas. Subject plans and specifications were approved, and the City Clerk was authorized to advertise for bids; to be opened at 10 :30 A. k Thursday, April 5, 1962. Bid call 3. (Agenda Item I -3) A report was presented from the Publi Street Works Director and City Manager recommending approva: of plans and. specifications for resurfacing of streets_ in Corona Highlands and Lido Isle. The Public Works resurface Director commented that he proposed to resurface all the Cif 29 streets., in Corona Highlands and most of 'Via Lido Soud. on Lido Isle. Subject plans, and. specifications. were approvec and the City Clerk was authorized. to advertise. for bids, to be opened at 10 :30 A.M. , Thursday, April 5, 1962. russessi (Agenda Item I -4) A memorandum was ordered filed fr of Alcoh 1 the City Attorney to the members. of, the Council regard CA 156 the regulation of possession of alcoholic beverages. Holloman 5. (Agenda :Item I -5) A memorandum was, ordered filed vs. Richrr an from the City Attorney to members of the Council rega: Allen,Ct , ing Superior Court Action No. 93416, Holloman vs. Ric et al man, Allen, City of Newport Beach, et al. CA 169 Harriman 6. (Agenda Item I -6) A memorandum was.. ordered.filed fr vs the City Attorney to the'COunci regarding. Harriman vs City City, Superior Court No. 730 C9 169 oiz — �k., TTEST: Mayo Cit Clerk Page 172 Motion Roll Call: Ayes Motion Ayes Motion Ayes Motion Ayes Motion Ayes Motion Ayes 0 v 1 A � O w l! CITY OF NEWPORT BEACH Page. 173 - Volume. 15 1� — - Librarian 7. (Agenda,Item I -7) The request of .the City Manager. to em CA 65 ploy a Librarian at Salary Step E, Range 26,. was approved. Motion Ayes Probation 3. (Agenda Item I -8) A letter from the Chairman of the Civil Change Service Board, regarding, proposed change. in probationary CA 85 period from six months, to twelve months,: was referred Motion to the City Manager. to bring back, with a. salary resolution Ayes Beach Erosion CA 49 R 5564 Beach erosion CA -49 0 Licenses CA 63 1J Pier Permits CA 130 • (Agenda Item I -9) Consideration was given to a resolutioi supporting. the Beach Erosion Control Report, dated Marc 1,. 1962, of the U. S. Army Engineer District, Los Angeles Corps,of Engineers. Resolution No. 5564, approving in principle .a beach erosion.report and recommending appropriate. action thereon by proper Federal officials, was. adopted. AND PERMITS: (Agenda Items J -I -(a) and (b)) The following Applications .for License were approved: (a) Helene Bagnell, Field Enterprises Educational Corp. of Chicago,, 542 Aliso, Newport Beach, annual exempt, to solicit house to house the sale of encyclopedias, World Book and Childcraft, educational material. (b) Orange County Branch of American Cancer Society.,(by Rabbi Morton C. Fierman, President), 848 North Birc Santa Ana, for exempt renewal, to solicit on a neighbor to neighbor basis for the 1962 American Cancer Societ7 Crusade; the drive to be conducted April 1 through April 30; approximately 450 volunteers. The Application of Richards Market (by Hugh L. Mynatt), 3433 Via Lido, Newport Beach, for temporary license. to conduct four Kiddie Rides on March 17 and March ,.l8,,in the parking lot of Richards Market, was approved. (Agenda. Items J- 11) The following Applications. for Pier Permits and Transfer. of Pier Permits, as. recommended for approval by the Joint Harbor Committee on March 6, 1962, were approved: Permits: A -1253 Dr. R. F. Beauchamp 2000 East Balboa Blvd., Balboa Bayward of Lot 6, Tract 756 Application to construct concrete. seawall. City Engineer recommended that bulkheads in this area be designed so that a -4. 0 can be maintained at the existing U. S. Bulkhead line. Approved provi Ping the constr324io ofjfhe \TwTEST: V �A.ti61 DQ G ty ,Clerk page 173 COUNCILMEN xxx x X xxx x Motion x Roll Call: Ayes xxx xx Motion Ayes xxxx x Motion Ayes Motion Ayes 0 0 o, ..a &dex P ier Permits C?. 130 • • Permit CA 130 • March 12,.196.2- CITY OF NEWPORT BEACH Page 174 - Volume, 15. bulkhead.is.in accordance.with the City Engineer's recommendations. A -1259 H. W. Caward 527 Via Lido Soud Newport Beach Bayward. of Lot 445 and, the. easterly one- half of Lot 446, Tract 907. Application to widen and lengthen existing slip. Approved subject. to the approval by the U. Corps of Engineers. A -1260 G. D. Mack 812 W. Bay Avenue Newport Beach Bayward of Lot 33, Tract 884 Application to construct an addition to existing pier and.lengthen existing slip. A -1261 F. W. Lloyd 921 E. Bay Avenue Newport Beach Bayward of Lot 10 and westerly of one -half of Lot 11, Block 13, Balboa Tract. Application to widen and lengthen existing slip. A -1264 Ardell Investment Company 2101 West Coast Highway Newport Beach Bayward of a portion of Lot H, Tract 919 Application to construct private office 8 f beyond existing bulkhead. Existing bulkh is approximately 30 feet behind the U.S. Bulkhead Pane. Approved subject to the approval of the C Engineer and the Department of Building and Safety. A -1265 William Clark 1310 E. Balboa Blvd. Newport Beach Bayward of Lot. 7, Block 21, Eastside A tion to Balboa Tract. Application to enlarge existing float and lengthen existing pier. Permit Transfers: A -58 500 Via Lido Nord, Newport Beach Bayward of Lot 493, Tract 907 Transfer pier an slip.from Har d Finkel, Trust( T, o�ertruxx� C TTEST: Page 174 COUNCILMEN S C C W F C C S C C CITY OF NEWPORT BEACH Page 175 - Volume. 15 ,jWdex Marrh 12_ 1962 COUNCILMEN m �N u. 0 p O 1 x A -1198 .205 E. Bay Front, Balboa Island Bayward of Lot 14, Block. 5, Section.5, Balboa Island. Tract. Transfer a,one6half interest in.joint pier and -float. from Harry: F. McDowell and Lorraine E. McDowell to L. Robert Burks and Elysabeth Burks. OMMUNICATIONS - REFERRALS: ewer 1. ,(Agenda Item K -1) A letter was, referred to the City Ma - Motion x onnectioa ger. from Lee M. Nelson, General Manager, County Sani- Ayes x x x x hAa32es tation Districts. of Orange County, transmitting copies of an ordinance numbered 705 of County Sanitation, District No. 7, effective March 1,, 1962, involving. collection of sewer connection. charges. in -that portion of Newport Beac • which is in District No.. 7; requesting, the ordinance be Council's. made a part of. the record; transmitting copies of a .map for transmittal to the Building and Planning De- partments in order that city officialp may be able to advis property owners. and developers, inpistrict No.. 7 of the connection charges, established. o Co Gas 2. (Agenda ;tam K -2) , The following Claims, for Damages Motion x lm Dmgs were denied, and-the City Clerk's:action in referring,therd Ayes x x x x r A 84 to the insurance carriers was. confirmed; (a) Verified Claim for Damages, of Southern Counties Gas Company of California, covering. alleged cost of repair to its. 3/4" gas, service at 468 Newport Boulevard, which was damaged during backhoe operations of the City of Newport Beach on January 15, 1962. rger (b) Verified Claim for Damage of Adolph Burger for alleged m Dmgs darnage. to his. car when a City pickup truck backed into • CA 8 it on February 9, 1962. 3. ,(Agenda.Items K -3 and K -4) The following,lettere.were Motion x ordered filed: Ayes x x x x 3 or_ld's air (a) Letter. to Mayor Stoddard. from Gordon S. Clinton, A 91 Mayor of the City of Seattle, extending to the people of Newport Beach, on behalf of the State of Washington, an invitation to visit, the 1962 Seattle World's Fair, which will be open April 21 through October 21, 1962. ity (b) Letter to Mayor Stoddard from Hay Langenheim and urvey Associates, General Consultants„ offering, services A 46 "designed and qualified to furnish you with a complete, unbiased and objective survey" on city activities. and organisation. oast ass . (Agenda.Item K -5) It was directed that the Orange County Motion x IDDues Coast Association's statement fo annual. dues,, in the $40, for 1962. Ayes x x x x x CA 91 amount of the period Mch, to c 3, be paid. TTEST: Mayor aw City Clerk Page 175 0 p O 1 x Aj,,dex M ch 12, 1962 Rendezvc Ballrooi CA 63 • Rigler Appeal Use Per #830 CA 15 • Street Lighting CA 28 Tischause vs City CA 169 • CITY OF NEWPORT BEACH COUNCILMEN Page .176 - Vodume 15 a` O O j ➢ KIX KIX K K 0 (Agenda Item K -6) A letter from Margaret J. Meier re- garding the Rendezvous Ballroom, suggesting the closing .of the establishment, and aletter. from Robert W. Jones, taking the opposite point of view, were presented. Council- man Somers, stated that in compliance with his. request of two weeks ago, the City Manager had presented a report regarding activities at the Rendezvous. Councilman Somers stated that the. owners of the ballroom had been making a sincere effort to improve the conditions, and Councilman Somers_ recommended that no action. be. taken by the Council at. this time except to request the City Manager. to keep the Council informed of activities. Councilman Cook stated that "it is most gratifying to see the direct management of this establishment taking the steps, that they have during the past two weeks, to really make this Rendezvous, the type of place which will be an asset to the City." The letters mentioned above were ordered filed; the City Motion x Manager was, instructed to reply to Mrs. Meier and Mr. Ayes x x x x Jones, straightening the record; and it was directed that the Minutes indicate that the Council is not considering the revocation of the Rendezvous. license at this Council meeting, but is, requesting. the City Manager to keep the Council informed of activities. at the Rendezvous. 6. (Agenda ,Item K -7) The appeal of George D. Rigler from the. decision of the Planning Commission denying Applica- tion for Use Permit No. 830. of G. Daniel Rigler & Asso- ciates, requesting. permission to construct an 8 unit apart- ment building, in. a C -1 District, Lots. 1 and 2, Block 219, Section A, Zone C -1; 201 -205 - 19th Street, Newport Motion x Beach, was, set for public hearing on March 26, 1962. Ayes x x x x 7. .,(Agenda .Item K -8) A letter was referred to the City Motion x Manager from John E. Fach, 2821 Mariquita Street, Ayes x x x. Long Beach, suggesting that there should be some street lights. installed on Coast Highway in the vicinity of the Balboa Bay Club, stating that after dark,, travel along the highway is. conspicuously without. illumination. S. (Agenda Item K -9) Five letters. were. presented regarding the lawsuit, Sylvia Tischauser vs. the City of Newport Beach, commending the City Attorney for the manner in which he- handled the suite and requesting that the Council appeal from the decision rendered. The letter.'s were written by :. Howard Woodstra, T. E. Wiggenhorn, Neil B. and Mary A. Williams, John A. Biedebach, and Howard L. and Donna D. Hanes. Subject letters were ordered filed, and the City Attorney was directed to re- Motion x ply to the, inquiry made, in the letter from MrV T. E. Wiggenhorn. yes x x x x ATTEST: Ma or City Clerk Page 176 a` O O j ➢ KIX KIX K K CITY OF NEWPORT BEACH Page. 177 - Volume 15 COUNCILMEN Freeway . (Agenda Item K -10) A letter. was presented from the City Rte 55 Clerk of the City of Costa Mesa, transmitting a Resolution CA 69 of said City,. reciting certain. factsf7a,nd urging the inr -, fne�iate c6mpleti6n"o17-the Freeway, from Parisades Road northerly on Route No. 55. Said resolution states. that Freeway construction has; been completed_on Route No. 55, main traffic artery between Costa Mesa and Palm Springs, Las Vegas, mountain resorts, and.the East, as far southerly as Chapman Avenue in Orange, and,that construction is now in progress. from Chapman Avenue southerly to Newport Avenue. in the, vicinity of Warner Avenue. In accordance. with the Mayor's, recommendation the. following Minute Resolution was. adopted: MINUTE IT IS HEREBY RESOLVED that the Council of the City Motion RESOLUTION of Newport Beach approves, and concurs, in the Roll Call: •CA 69 Resolution adopted by the City of Costa Mesa,urging Ayes immediate. action to complete. the Freeway on Route No._ 55, to Palisades Road in the City of Costa Mesa; and the City Clerk. is directed. to forward a copy of this Minute Resolution to the California Highway Commission -and the State Division of Highways. County 0. ,(Agenda.Item K -11) A letter to Mayor Stoddard from the Roads & Automobile Club of Southern California. transmitting pro- City Sts. CA 66 gram for development of County roads. and City streets, CA 162 stating, that the Club staff is, working on details. of a. pro- posal for the 1963.1egislative session,. and that the enclo- sures outline some of the fundamental objectives guiding the current studies, was ordered filed. Motion Ayes Public 1. A letter was presented from Frank Williams, Manager of Address the Newport Tackle Company, located at 105 McFadden System CA 123 Place,; requesting permission, to operate a public. address • system on. the street immediately outside. the business establishment from 6:00 P. M. to 8:00 P. M. on April 18, for the purpose of holding a public free. drawing. Said request- was granted. Motion Ayes Corridor 2. A petition. was. presented_ bearing thirty signatures. re- Annex. CA 108 questing the City of Newport Beach to annex an area de= scribed as, follows: easterly of Santa Ana Avenue. between Santa Isabel and 23rd Street, approximately, 300 feet in width, contiguous and westerly to the. northerly portion of properties petitioned. for annexation to the City of Newpor Beach under date. of February 26, 1962. Mrs. Robert Hines. explained to the Council a map which-depicted the area proposed for annexation. The request for annexatio was referred to.the Planning Commission. Motion Ayes Budget BUDGET AMENDMENTS: Amendments CA 102 (Agenda Items L -1 and L =2) The ollowing Budge Am nd- • , ments were approved: o ion es ATTEST: Mayor Page 177 Ki x x �1 0 �o 11719\ c. x xlxix RIP dex Budget Amemdmen CA 102 Hart req. absence • CA 91 Closing Hours at Beaches CA 49 Civil Service Suit CA 169 Greene Commend Council C =:3 Airline Service CA 99 County Dock Improve- ment CA 173 n CITY OF NEWPORT BEACH Page .178 - Volume 15 1. No. C -74,, being an increase in Budget Appropriations in the amount. of $1000, for planting of street trees ..in Cameo Shores. subdivision, from Unappropriated Sur- plus, Park and Recreation,, to Parks, Beaches and Recreation- Parks, Parkways, etcetera, Horticultur: Supplies. 2. No. C -75,; being an increase in Budget Appropriations in the. amount of $15, 200, for emergency repair of erosion damage. on Cliff Drive near Fullerton Avenue; from Unappropriated Surplus General, to General Ser- vices, Streets, et cetera, Land Improvements, repair Cliff Drive near Fullerton. BUSINESS: Councilman Hart's. request to be absent from the State from March. 16 through March 25 was. granted. A further discussion regarding closing hours at the beaches was. had. It. was agreed to continue the. discus at a.study session. The City Attorney was instructed to take no further acti in connection with the collection of a $177 Judgment against the police and firemen in. the Civil Service. suit. TIONS - ADVISORY: da Items N -1, 2, 3, 4) The. following communications ordered filed: Letter from Mr. and Mrs. Donald E. Greene, commendi the Council "for the.consideration, and willingness to discuss our particular problem" regarding appeal from the.decision.of the Planning Commission regarding Variance No. 680. Letter to F. Robert Coop from the City Manager of the City of Long Beach,: stating that a.decision, authorizing new and improved airline service. to Long Beach Airport by Pacific Airlines, and by Western Airlines,, was, renders by the Civil Aeronautics Board in the airlines, service case known as the Pacific Southwest Local Service Case; expressing appreciation for the cooperation given by the City of Newport Beach. in presenting airline needs. Excerpt from the Minutes of the Orange County Board of Supervisors. meeting held February 20, stating that the letter- from Mayor Stoddard, dated February 16, regard- ing the improvement of the County Dock property,, was received and ordered filed, and that the Orange County Harbor Department, .through its Engineering Department, was authorized to prepare. plans and_specifications,for the completion of the. bulkhead o4he Dock prop�ty,e'j TTEST: Mayor Page 178 Motion Ayes Motion Ayes Motion Ayes 0 COUNCILMEN x a\ 0 \o � yP C� x x dwex March 12.1 62 Dog Vaccinat ion CA 142 Study Session CA 91 Construc ion Insp CA 46 0 i� CITY OF NEWPORT BEACH Page. 179 - Volume. 15 COUNCILMEN F Zpz, �,Zt� Oc 4. Copy of a letter from Victor M. Schille, D. V. M., Secre- tary of the Orange County Veterinary Medical Association regarding the. fact that under the California Health and Safety Code,. veterinarians in Orange County must refuse to vaccinate any dog who has. not reached the age of four months. DDITIONAL ITEMS: 1. ,It was agreed that the regularly scheduled Study. Session, to be held March 19, would not be. held. Z. The City Manager commented. regarding the. employing of construction inspectors on a daily, basis, to be paid for by the companies. The meeting, was adjourned at 10:18 P.M. Motion x Ayes x .x x x x x ATTEST: Mayor City Clerk Page 179