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HomeMy WebLinkAbout11/22/1954 - Regular Meeting• 1 0 L j 459 November 229 1954 The City Council of the City of Newport Beach met in regular session in the council chamber of the city hall at the Regular session hour of 7 :30 p.m. The roll was - called, the following members being Roll Call present: Broering, Smith, Bennett, and Hill. On motion of Councilman Smith, seconded by Councilman Bennett and carried, the reading of the previous minutes was Minutes approved waived and were approved as written. Certain demands, having been approved by the Finance Certain demands approved & Committee, were approved and ordered paid on motion of Council- ordered paid. man Bennett, seconded by Councilman Smith and carried by the following roll call vote, to wit: AYES, COUNCILMEN: Broering, Smith, Bennett, Hill. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None COMMUNICATIONS: The Joint Harbor Committee reported on the communica- tiorB of Dr. Philip M. Lovell and Karl Burson, protesting the mooring of boats at street ends and the City Clerk was in- structed to notify the protestants that the committee felt that street ends were the only places available for inside lot owners to moor boats, while designated swimming areas had been set aside for swimmers. The motion was made by Councilman Ben- nett, seconded by Councilman Broering and carried. The Business and Professional Women's Club of Newport Harbor requested the use of the Balboa Parking lot in connec- tion with their annual Christmas Preview to be held on Decem- ber 3 and 4. On motion of Councilman Bennett, seconded by Councilman Broering and carried, the use of the lot was auth- orized. Harbor Committee reported on protests to mooring boats at street ends, Bus. & Prof. Women's Club asked to use Balboa parking lot for Xmas Preview. The Metropolitan Water District notified the council Annual notice from Met. Wate, that if it wished a portion of the Metropolitan Water District Dist. re: MWD tax coming frnm tax could be paid from the city's general fund. On motion of city's general fund. Councilman Smith, seconded by Councilman Broering and carried, the letter was ordered filed. Acknowledgement from the Public Utilities Commission of Public Util. Comm. received receipt of the minute resolution urging the abandonment of cer- city's minute resolution re: tain Pacific Electric railroad tracks was received and ordered abandonment of P.E. tracks. filed on motion of Councilman Smith, seconded by Councilman Broering and carried. A letter from Ben Cassen, 321 Marigold Avenue, Corona del Mar, complaining of damage done to his wall by automobiles and asking that he be permitted to use the property as a parking lot was read, and on motion of Councilman Smith,seconded by Councilman Bennett and carried, he was ordered notifed of the procedure for presenting his request to the Planning Commission. Ben Caseen, 321 Marigold,CDM requests relief on his lot where wall was knocked down by autos from "Drift Room." The West Newport Improvement Association presented a W.Npt.Impr. Assoc. request report on needed improvements of street ends on the Rivo Alto improvement of street ends Channel. The City Engineer reported the progress of work on along Rivo Alto Channel. the street ends and on motion of Councilman Bennett, seconded by Councilman Broering and carried, the Association's report was taken under consideration. The Public Utilities Commission reported that the Western Notice from Pub.Util.Comm. Union Telegraph Company had filed an amendment to its application of Western Union appl'n for for increased rates and on motion of Councilman Bennett, seconded increased rates. by Councilman Broering and carried, the notice was ordered filed. Copies of.two applications to the State Board of Equali- Gosney & Hall appl'ns from zation for on -sale beer licenses were received. One for Jack L. State Bd. of Equal. for on- Gosney, 407 28th Street, Newport Beach, and Frances D. Hall to sale beer licenses. operate Ernies at 471 North Newport Boulevard. On motion of Councilman Smith, seconded by Councilman Bennett and carried, the applications were ordered filed. The State Division of Beaches and Parks announced receipt State Div. of Beaches & Park: of a cashiers check in the amount of $3500 to be used,as matching received $3500 to start ac- funds in the acquisition of Inspiration Point. A second letter quisition of "Inspiration Pt from the State Division of Beaches and Parks answered questions as follows:- 460 1e Gifts for park purposes 1. Both the Department of Finance and the State Park should be free of any con- Commission felt that gifts of land for park purposes should dition or reverter, be accepted free of any condition or reverter. • 2. No assurance of per- 2. The City would have no assurance that the property petuation for park use. would be perpetuated for public use. 3. City would handle until 3. The City would administer state owned park property ' State felt it could take until such time as the State Park Commission felt that it could over responsibilities. assume the administrative responsibilities. Balboa Penin. Pt. Assoc. & Letters from the Balboa Peninsula Point Association and Balboa Impro. Assoc. prop the Balboa Improvement Association protesting the transfer to the test any transfer to State State of beach properties were read. Petitions bearing 1,202 of beach property, signatures asking the rescinsion of the council's action in placing Newport Beach property in first priority for transfer Petitions with 1202 sig- to the State, were presented by Austin Sturtevant# natures presented. The City Manager reported that the proposed transfer of matching land had been discussed with the State Park Commission in San Francisco and that a provisional agreement had been reached for the acceptance of the lands by the State subject to agreement with the State Attorney General's office and the Orange County Planning Commission. Mayor Hill explained that the purchase of Inspiration Point had been separated from the proposed acquisition of Block A -34 and Block C, and that Inspiration Point would be • acquired with existing credits and donated funds. Geo. Penney urges retain- Attorney George Penney spoke from the-.'floor, explaining ing of beach property. the history of matching land usage in Newport and urging that the city retain control of its beach property. Several others spoke from the floor, and Councilman ' Council rescinded action Bennett moved that the action of the city council regarding re: acquisition of Blk A- 34acquisition of Block A -34 and Block C be rescinded and that & Blk C & Res. No. 4286 Resolution No. 4286, being a resolution placing Blocks 13 -A, 21 -A, 22 -A, and 23 -A in first priority in the Master Plan for shoreline development in Orange County so that the prop- erty could be used for matching land purposes, be rescinded, further study to be given the acquisition of Block A -34 and Block C. The motion was seconded by Councilman Broering and carried by the following roll call vote, to wit: AYES, COUNCILMEN: Broering, Bennett, Hill. NOES, COUNCILMEN: Smith ABSENT COUNCILMEN: None ' C. Atty. instructed to draft Councilman Smith moved that the City Attorney be in- ordinance placing question structed to draft an ordinance placing the question of the of using waterfront prop- tranfer of water front properties to the State as matching erty as matching land on lands, on the ballot at the next general city - election. ballot. The motion was seconded by Councilman Broering and carried. Recess Mayor Hill declared a five minute recess. LICENSES° Licenses^ Morris E. Smith to operate The application of Morris E. Smith to operate a ser- ' service station at 3600 vice station at 3600 Coast Highway, Corona del Mar, being a Coast Hiwayl,CDM, granted. change in ownership, was approved on motion of Councilman Bennett, seconded by Councilman Broering and carried. Howard C. Rolsheim for ex- The application of Howard C. Rolsheim for an exempt empt license to sell Cutco license by reason of interstate commerce for house to house cutlery to C. Atty. solicitation of Cutco Cutlery was referred to the City At- torney on motion of Councilman Smith, seconded by Councilman Bennett and carried. Jack L. Gosney to operate The application of Jack L. Gosney to operate a beer bar beer bar, 407 28th St, N.B.at 407 28th Street, Newport Beach, was granted subject to the granted subj.to P.D. appr. approval of the Police Department on motion of Councilman Ben- nett, seconded by Councilman Broering and carried. Frances D. Hall to operate The application of Frances D. Hall to operate Ernnies Ernnies, 471 N.Npt.Bld., at 471 North Newport Boulevard, being a change of ownership, granted, subj.to P.D. app, was granted subject tD the approval of the Police Department on motion of Councilman Bennett, seconded by Councilman Broering and carried. Harrison B. Forsyth to The application.of Harrison B. Forsyth to operate a operate sere. station at Richfield service station at 3636 E. Coast Highway, Newport 3636 E. Coast Hiway, Grant each, being a change of ownership, was approved on motion of Councilman Bennett, seconded by Councilman Broering and carried. Chester C. Artis, exempt The application of Chester C. Artis for an exempt li- ' lic. to solicit Bibles. cense to solicit Bibles, being interstate commerce, was referred To C. Atty. to the City Attorney on motion of Councilman Bennett, seconded by Councilman Broering and carried. The Mayor declared the hearing open. The Clerk stated that no written communications had been received and no one spoke from the floor; thereupon, the Mayor declared the hear- ing closed. On motion of Councilman Bennett, seconded by Council- Resolution No. 4287 Ordering man Broering, Resolution No. 4287, being a resolution ordering'Jacation of above described the vacation of the above described alley was adopted by the alley. following roll call vote, to wit4 1 AYES, COUNCILMEN: Broering, Smith, Bennett, Hill. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Ordinance No. 733, being Ordinance No. 733 AN ORDINANCE OF THE CITY OF NEWPORT BEACH NAMING Naming certain streets CERTAIN STREETS (Way Lane - Breakers Dr- Park Lane -River Ave *) was presented for second reading, and on motion of Councilman Bennett, seconded by Councilman Broering and second reading waived carried, reading of the ordinance was waived. On motion of Councilman Smith, seconded by Councilman Ordinance Noc 733 Adopted Bennett, Ordinance No. 733 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Broering, Smith, Bennett, Hill. • NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Ordinance No. 734, being Ordinance No. 7�4 AN ORDINANCE AMENDING SECTION 9102.2 OF`THE MUNICIPAL changing zoning of Stricker CODE OF THE CITY OF NEWPORT BEACH, CHANGING THE M)N1NG ON Annexation property & estab- CERTAIN PROPERTY lishing setbacks therefor was presented for second reading, and on motion of second reading waived Councilman Bennett, seconded by Councilman Broering and carried, reading of Ordim nce No. 734 was waived. On motion of Councilman Bennett, seconded by Council- Ordinance No. 734 adopted man Smith, Ordinance No. 734 was adopted by the following roll call vote, towit: r AYES, COUNCILMEN: Broering, Smith, Bennett, Hill. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None n LJ UNFINISHED BUSINESS,. The City Clerk announced that -this was the time and Hearing on Res. of Inten.4278 • place set in Resolution of Intention No. 4278 for a hearing vacation of alley in Tr-1133 on the proposed closing up, vacation and abandonment of that certain alley in the City of Newport Beach more particularly described as follows, to wit: All 6f,. %that certain alley being twenty feet in width as shown upon a map of Tract No. 1133 recorded in Mis- cellaneous Maps Book 36, Pages 13 and 14, Records of Orange County, California, and being more particularly described as follows, to wit: Beginning at the most easterly corner of Lot 9 of said Tract No. 1133; thence south- easterly along the southeasterly prolongation of the northeasterly line of said Lot 9 to the most northerly corner of Lot 10 of said Tract No. 1133; thence southwesterly & ong the north- westerly line of said Lot 10 to the most west- erly corner of said Lot 10; thence northwesterly along the northwesterly prolongation of the southwesterly line of said Lot 10 to the most southerly corner of Lot 7 of said Tract No. 1133; thence northeasterly along the southeasterly lines of Lots 7, 8, and 9 of said Tract No. 1133 to the �. point of beginning; and, Reserving an easement for public utilities for the purpose of erection, laying, and con- structing pipe lines with the right of going in, over, and under the twenty foot alley heretofore ' described for the purpose of repairing, maintain- ing, and replacing said pipe lines in, over, and under, that certain twenty foot alley heretofore described. The Mayor declared the hearing open. The Clerk stated that no written communications had been received and no one spoke from the floor; thereupon, the Mayor declared the hear- ing closed. On motion of Councilman Bennett, seconded by Council- Resolution No. 4287 Ordering man Broering, Resolution No. 4287, being a resolution ordering'Jacation of above described the vacation of the above described alley was adopted by the alley. following roll call vote, to wit4 1 AYES, COUNCILMEN: Broering, Smith, Bennett, Hill. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Ordinance No. 733, being Ordinance No. 733 AN ORDINANCE OF THE CITY OF NEWPORT BEACH NAMING Naming certain streets CERTAIN STREETS (Way Lane - Breakers Dr- Park Lane -River Ave *) was presented for second reading, and on motion of Councilman Bennett, seconded by Councilman Broering and second reading waived carried, reading of the ordinance was waived. On motion of Councilman Smith, seconded by Councilman Ordinance Noc 733 Adopted Bennett, Ordinance No. 733 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Broering, Smith, Bennett, Hill. • NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Ordinance No. 734, being Ordinance No. 7�4 AN ORDINANCE AMENDING SECTION 9102.2 OF`THE MUNICIPAL changing zoning of Stricker CODE OF THE CITY OF NEWPORT BEACH, CHANGING THE M)N1NG ON Annexation property & estab- CERTAIN PROPERTY lishing setbacks therefor was presented for second reading, and on motion of second reading waived Councilman Bennett, seconded by Councilman Broering and carried, reading of Ordim nce No. 734 was waived. On motion of Councilman Bennett, seconded by Council- Ordinance No. 734 adopted man Smith, Ordinance No. 734 was adopted by the following roll call vote, towit: r AYES, COUNCILMEN: Broering, Smith, Bennett, Hill. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None n LJ 4 s; BEM BUSaNESSs Pier Permit #A -793 from City Engineer Webb presented Pier Permit No. A -793 Davis to Bucknel for transfer from Laura G. Davis to Mabel Bucknel on . 1605 Bayside Dr,CDM, Granted. property at 1605 Bayside Drive, Corona del Mar. or, motion of Councilman Bennett, seconded by Councilman Broering and carried, the transfer was approved. ' The application of Weaver H. Smith and Eleanor Weaver H. Smith appl °n to R. Smith for amendment to the zoning law to change Lots rezone 6 lots in Tr. 682 39, 40, 41, 469 47, and 481 of Tract No. 682 from an R -1 from R -1 to R -2 approved. to an R -2 district, having been approved by the Planning (This was set for hearing Commission, was presented. On motion of Councilman Smith, at next regular meeting) seconded by Councilman Broering and carried, the Council concurred with the Planning Commission in approving the request. Crilly & Burke appl'n to The application of W. P. Crilly, Patricial L. Crilly, subdivide parcel at 434 Via R. J. Burke and Dorothy W. Burke, for a variance to permit Lido Nord approved. the subdivision of a parcel at 434 Via Lido Nord, having been approved by the Planning Commission, was presented and on motion of Councilman Broering, seconded by Council- man Bennett and carried, Council concurred in granting the application. Leddy, Francis J. appl'n The application of Francis J. Leddy for a variance to permit overhang at 216 Onyx permit an overhang at 216 Onyx Avenue, Balboa Island, having approved. been approved by the Planning Commission, was granted on . motion of Councilman Bennett, seconded by Councilman Broering and carried. Nielsen, David I. appl'n The application of Dr. David I. Nielsen for a variance permit 51 front setback at to permit a 5' frontyard setback at 4C4 -408 Westminster 404 -08 Westminster approved Avenue, having been approved by the Planning Commission was I granted on motion of Councilman Bennett, seconded by Council- man Broering and carried. Irvine Co. & Macco Corp. appl'n to permit detached garages at specified loca- tions in Irvine Terr. Gran The application of the Irvine Company and Macco Corp., for a variance to permit the location of detached garages on the front half of certain lots in Irvine Terrace, having ted been approved by the Planning Commission, was granted on motion of Councilman Broering, seconded by Councilman Ben- nett and carried. Irvine Co. & Macco Corp. The application of The Irvine Company and Macco Corp., appl'n to permit staggered for a variance to permit certain staggered frontyard setbacks frontyard setbacks Granted. in Irvine Terrace, having been approved by the Planning Com- mission, was granted on motion of Councilman Bennett, seconded by Councilman Broering and carried. Cunningham, E. C. appl'n The application of E. C. Cunningham to resubdivide resubdivide 6- 8,142,Res -sub Lots 7, 8, and the northwesterly 5' of Lot 6, Block 142, of CDM, approved. Re- subdivision of Corona del Mar, having been approved by the Planning Commission was granted on motion of Councilman Bennett, seconded by Councilman Broering and carried. Dr. Horace Parker appointed Mayor Hill appointed Dr. Horace Parker to fill a va= to Library Bd cancy on the Library Board and Mr. C. E. Vandervort to fill a vacancy on the Park, Beach and Recreation Commission. Mr. C. E. Vandervort appoint -On motion of Councilman Bennett, seconded by Councilman ed to Park,Beach & Rec. Comm-Broering and carried, Council concurred in the appointments. ' Mayor Hill presented a report of the work of the Report on Easter Week Comm. Citizens Easter Week Committee and recommended that steps be taken to control easter rentals by licensing. On motion of Councilman Broering, seconded by Counc- C. Atty. instructed to draft ilman Smith and carried, the City Attorney was instructed to • ordinance licensing Easter draft an ordinance licensing Easter Vacation rentals of one vacation rentals of 1 or moreor more units. units. The Mayor announced that the City Manager would serve C. Mgr. named Easter Week as Easter Week Co- ordinator. ' Co- ordinator. The City Manager reported that the city's fleet City's fleet insurance award - insurance was about to expire and that the bid of Bay In- ed to Bay Ins. Associates. surance Associates in the amount of $5,270.30 was low for the coverage. On motion of Councilman Broering, seconded by Councilman Bennett, the renewal of the insurance through Bay Insurance Associates was authorized by the following roll call vote, to wit: AYES, COUNCILMEN: Broering, Smith, Bennett, Hill. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 0 L;,; 1 n LJ 1 9 On motion of Councilman Bennett, seconded by Councilman C. Mgr. & Councilmen Bennett Broering and carried, the City Manager was instructed to arrange & Smith authorized to hire for a salary survey and job analysis by a competent concern. firm for salary survey & job Mayor Hill appointed Councilmen Smith and Bennett to work with analysis. the City Manager in securing the survey. On motion of Councilman Smith, seconded by Councilman Navy Recruiting Service grant Broering and carried, the Navy Recruiting Service was granted ed permission to use brick permission to use the brick building at the entrance to the bldg. at Npt. pier entrance Newport Pier. On motion of Councilman Bennett, seconded by Councilman Broering and carried, the City Manager was authorized to take C. Mgr, gets 1 day vacation one day vacation on Novmmber 26th and L. W. Covert was appointed City Manager pro tem for that day. On motion of Councilman Bennett, seconded by Councilman Broering and carried, the Council adjourned, sine die. Adjournment. ATTEST: City Clerk Mayor The City Manager requested authority to call for bids C. Mgr, granted authority to for ten pieces of automotive equipment, and on motion of Coun- call for bids for 10 autos. cilman Smith, seconded by Councilman Broering and carried, •, the requested authority was granted. ' The City Manager requested authority to employ the firm of Batzle & Evans to make the annual audit of the Balboa Bay Authority given to employ Batzle & Evans to make an Club at a cost not to exceed $375. On motion of Councilman audit of Balboa Bay Club bon K: Bennett, seconded by Councilman Broering, the employment of the auditors was authorized by the.following roll call vote, to wit: AYES, COUNCILMEN: Broering, Smith, Bennett, Hill. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Smith, seconded by Councilman Broering, the recommendation of the City Manager to increase Salary range of Bldg. Insp. the salary range of the Building Inspector position from position increased to #26. step No. 24 to step No. 26 was approved by the following roll call vote, to wit: AYES, COUNCILMEN: Broering, Smith, Bennett, Hill, 1 NCE S, COUNCILMEN: None ABSENT COUNCILMEN: None The City Manager requested authority to hire a building Authority given C. Mgr, to . inspector to start on the third step of salary range No. 26, hire a Bld. Insp, on the 3rd and the requested authority was granted on motion of Councilman step of salary range #26. Bennett, seconded by Councilman Broering and carried by the following roll call vote, to wits AYES, COUNCILMEN: Broering, Smith, Bennett, Hill, NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 1 n LJ 1 9 On motion of Councilman Bennett, seconded by Councilman C. Mgr. & Councilmen Bennett Broering and carried, the City Manager was instructed to arrange & Smith authorized to hire for a salary survey and job analysis by a competent concern. firm for salary survey & job Mayor Hill appointed Councilmen Smith and Bennett to work with analysis. the City Manager in securing the survey. On motion of Councilman Smith, seconded by Councilman Navy Recruiting Service grant Broering and carried, the Navy Recruiting Service was granted ed permission to use brick permission to use the brick building at the entrance to the bldg. at Npt. pier entrance Newport Pier. On motion of Councilman Bennett, seconded by Councilman Broering and carried, the City Manager was authorized to take C. Mgr, gets 1 day vacation one day vacation on Novmmber 26th and L. W. Covert was appointed City Manager pro tem for that day. On motion of Councilman Bennett, seconded by Councilman Broering and carried, the Council adjourned, sine die. Adjournment. ATTEST: City Clerk Mayor