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Home My WebLink About12/28/1959 - Regular MeetingCITY OF NEWPORT BEACH Page 119 - Volume 13 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: December 28, 1959 Time of Meeting: 7:30 P.M. Index Place of Meetin Council Chambers COUNCILMEN UiLy �. Lc ITJ) V Roll Call: Present x x x x x x Absent x The reading of the minutes of December 14, 1959, was waived, the minutes were approved as written Motion x and ordered filed. All Ayes With the concurrence of the Council, Mayor Stoddard Announced that to accommodate the representatives of the Griffith Company and Sully - Miller Contract - w ing Company, Item 6 under Additional Business on the agenda, Page 4, would be taken up. A memorandum had been presented from the City Mans, gger and Public Works Director regarding the receipt of bids by the City Clerk on December 22, 1959, for the paving of the City Hall parking lot, wherein it is indicated that six bids had been re- ceived and that the Griffith Company of Los Angeles, and Sully- Miller Contracting Company of Orange, had each submitted the same low bid of • $3640. Mayor Stoddard asked whether or not it was agreea- ble to Mr. Reginald Glahn of the Griffith Company R 5138 and to Mr. Charles Crump of Sully- Miller Contract awardin ing Company, to toss a coin to decide which compa- contract ny would receive the contract. Both gentlemen a- to greed I that that would be satisfactory. Mayor griffitb Stoddard tossed a coin and the Griffith Company Co for won the toss. paving City Ha 1The bid of $3640 of the Griffith Company for Parking paving the parking lot back of the City Hall was Motion x Lot accepted. All Ayes adopted CA -38 Resolution No. 5138, awarding said contract for Motion x paving the City Hall parking lot, and authorizing Roll Call the Mayor and City Clerk to execute said contract Ayes x x x x x x with the Griffith Company, was adopted. Absent x The Mayor stated that the Council would now take u the order business it on the of as appeared agenda. HEARINGS: 1. (Agenda Item E -1) The Clerk presented Ordinance No. 901, being ?ublic AN ORDINANCE OF THE CITY OF NEWPORT BEACH searing AMENDING AND ADDING CERTAIN SECTIONS TO ARTICLE )rd 901 IX OF THE NEWPORT BEACH MUNICIPAL CODE RELATING re plan- TO PLANNING AND ZONING, Ling & .oning for second reading..(Ordinance No. 901 was intro- duced on November 23 and changes were made at the hearing held December 14). The Mayor opened a public hearing. Attorney Rod Lippold reiterated the "conditional" objections of the businessmen of the Mariners • Mile to the adoption of Ordinance No. 901, stating that the objections regarding off - street parking and use permit procedure are proposed to e a ev ated by special zoning for pariners Mil / - U ATTEST: Mayor Page 119 UiLy �. Lc ITJ) V I 2n re wa Or ad CA 4 Pu he Or re in er Ma 2n re wa Or ad CA r PU he Or es se li an Ma 2n re wa OX ad CITY OF NEWPORT BEACH COUNCILMEN Page 120 - Volume 13 ` \ S5\\"0 idex December 28 1959 The hearing was closed. Motion x All Ayes A motion was made to waive-the second reading and Motion x to adopt Ordinance No. 901. Attorney Donald Harwood spoke from the audience regarding the previously proposed agreement for off -site parking for the Newport Balboa Savings and Loan Company. After discussion, the City 1 Clerk was directed to put said matter on the a- iding genda for January 11, 1960. The City Manager and Lved Planning Director were requested to prepare a re- f 901 port recommending the procedure to be taken for )pted approval or disapproval of subject off -site park - -10 ing in view of the adoption of the new ordinance, giving copies of said report to Attorney Donald Harwood. The second reading of said ordinance was waived Roll Call and Ordinance No. 901 was adopted. Ayes x x x x x ' Absent x 2. (Agenda Item E -2) Ordinance No. 903, being olic AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONIN aring PROPERTY SHOWN ON DISTRICT MAP NO. 27, 3 903 rezon- (Planning Commission Amendment No. 77, rezoning of g prop -portion of Lot 164 in Block 53 of Irvine Subdi- ty on vision, Tract No. 3607, from Unclassified to an p 27 R -1 District, and Planning Commission Amendment No. J 78; rezoning another portion of said Lot 164, Trac ading No. 3606, from Unclassified to an R -3 District; ived both tracts located north of Westcliff Drive and d 903 east of Irvine Avenue), was presented for second opted reading. -10 The Mayor opened a public hearing. No one de- sired to speak from the audience. The hearing Motion x was closed. All Ayes ' Councilman Lorenz joined the meeting at this time. The second reading of said ordinance was waived and Motion x Ordinance No. 903 was adopted. Roll Call Ayes xxxxxv 3. (Agenda Item E -3) Ordinance No. 904, being blic acing AN ORDINANCE OF THE CITY OF NEWPORT BEACH d 904 ESTABLISHING SETBACK LINES AND AMENDING DISTRICT tab MAP NO. 32, tback nes & (establishing front yard setbacks on Lots 1 through ending 77, Tract No. 2202, Corona del Mar; easterly of p 32 MacArthur Boulevard and approximately 900 feet d northerly of Coast Highway; Planning Commission ceding Amendment No. 82), was presented for second ived reading. d 904 opted Mayor Stoddard opened the public hearing. No one -10 desired to speak from the audience. The hearing Motion x was closed. All Ayes The second reading of s id ordinance as ved and Ordinance No. 904 c s adopted �� Motion o11yCa11 x �/ Ayes x x x xxx ATS�T Y9�� e n m Page 120 Mayor City Clerk U CITY OF NEWPORT BEACH Page 121 - Volume 13 Index (December 28 19591 Le fo r ag fl u da Ci to in to of pr ti CA Lt Go e a CA Lt Ge re me CA- Sun Co CA I� COUNCILMEN �o p2x =o Yp N N < Z iT O • COMMICATIONS: 1: (Agenda Items F -1 (a), (b)) Letters from the following people were presented: (a) In favor of fluoridating the Newport Beach water supply and /or placing the matter on the ballot: . Charles J. Colesworthy; J. Palmer Miller, M.D.; Mrs. S. Dobrin; Milo G. Lacy; Bettie L. and Gerald E. Ellis; Mrs. Franklin B. Goodenough; Jean E. Cohn; Geraldine Somers, Maclyn B. Somers, M.D., Mary Leer, R. Leer,-Grace R. Bissonnette and H. Let Ward Bissonnette', M.D.; Charles Winfield; Mrs. and Joseph Beek; Mrs. Edith S. Leinau. ainst ori- (b) Opposing fluoridation and /or placing the L • ion matter on the "ballot: Mrs. Jeanne E. Cooper, Mr. and Mrs. I. A: Monroe, Mrs. Lillian Warhurst, Mrs. Howard Sitton. The communications were ordered filed with other Motion x communications on the matter. All Ayes The following people spoke from the audience in favor of fluoridation: Mrs: John Tipple, 217 Apolena, Balboa Island; Mrs.'Maclyn Somers, 2012 Highland, Newport Beach; Mrs. Robert B. Bernard, 300 Amethyst, Balboa Island; Mrs. Joseph Allan Beek, 528 South Bay Front, Balboa Island; Mr. ty Att Leslie Holbrook, 509 — 36th, Newport Beach; Mrs. obtain Franklin B. Goodenough, 317 Onyx, Balboa Island. fo as type The City Attorney was requested to obtain infor- ballo mation as to the type of ballot propositions whic o h posi- might be submitted to the voters. ons °12 Mr. Don Estey and Mr. Jack Barnett spoke from the audience. r/Mrs 2. (Agenda Item F -2) A letter was ordered filed Motion x rdon from Mrs. Irwin George Gordon expressing appreci- All Ayes r ation for the honor bestowed upon her husband, Irwin George Gordon, (former Councilman and Mayor P83 of the City of Newport Beach) at the time of his death on December 1, 1959. r /Atty 3. (Agenda Item F -3) A letter was ordered filed Motion x Gen Mosk from Attorney General Stanley Mosk calling at- All Ayes tention to the provisions of Government Code etings Section 12524 regarding the attendance of peace 39 officers at meetings called by the Attorney General for the purpose of discussing the duties of their respective offices. mons 4. (Agenda Item F -4) The Summons and Complaint were presented, which had been served on the City Clerk mplain n December 18, 1959, in the Orange County Superior -84 Court Action No. 85677, Norma Simons vs. City of Newport Beach, et al., for alleged damages sus- tained on October 21, 1959. The City Clerk's action, n referring t e matter Motion x to the insurance carrier was confi d. / Ayes TEST: yor City Clerka Mc, _° Page 121 9 UN 9 CITY OF NEWPORT BEACH COUNCILMEN Page 122 - Volume 13 Index (December 28, 1959) • .5. (Agenda Item F -5) A copy of the Application for ABC Alcoholic Beverage License, new on -sale beer, James License 0. Meade and William D. Ward, The Green Mansion, CA -63 3112 Newport Boulevard, Newport Beach, was ordered filed. (It was noted that the applicants.no longer have the lease on subject property.) 6. (Agenda Item F -6) A letter was presented from the California Bank appealing from the decision of Ltr/ the Board of Adjustments which denied an appli- Califor- cation for the construction of an advertising sign nia Bank on the new building for the Corona del Mar office appeal- of the California Bank, located at the intersection ing Bd of Larkspur and Coast Highway. of Adj decision Pictures which had been submitted of the proposed re sign sign were exhibited to the Council. on new CdM Mayor Stoddard stated that after the Council's office discussion with the Board of Adjustments in the • afternoon study session, it was recommended that the letter of appeal be referred back to the CA -103 Board of Adjustments with the recommendation that the Board consider an amendment to the Municipal Code which would make a pole sign which is close to a building, so close as to almost be a part of the building, considered a building sign for purposes only of determining the height of it. The-letter was referred back to the Board of Adjustments with the recommendation as stated by Mayor Stoddard. Tr 772 7. (Agenda Item F -7) A letter from Frank H. Ayres sewers & Son regarding the placing of sewers through the CA -29 Seashore Colony Tract at 61st Street, was presentee Said letter was ordered received and was referred to the City.Manager. LICENSES: • (Agenda Items G -1, 2, 3, 4, 6) The following Applications for License were approved as Licenses submitted: CA -63 1. Frank Carlton, President, Back Bay Park, boat slip rentals and boat launching, 300 East Coast Highway, Newport Beach, 250 boat slips, Use Permit No. 426. 2. Ernest A. Neufeld, President, American Ballroom Corporation, public dancing and special events at the Rendezvous Ballroom, 600 East Ocean Front, Balboa. (Police Department recommended approval with the provision that it be notified prior to the date of each public dance or special event.) 3. Ronald Wallen and Thomas J. Carrollo, Rinky Dink, ice cream night club, 117 Main Street, Balboa, serving non - alcoholic refreshment and • providing entertainment and dancing for the young people of the Newport a a. 9TEST: 1�v� � S C- Mayor City Clerku A5 U/ page 122 \____ Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes Index Lic CA- 0 Ord re div: 2nd wail 0^ a of CA CA -' Ord re : tioI 2nd wail Ord adol CA -] CA -] 0 CITY OF NEWPORT BEACH Page 123 - Volume 13 December 28 1959 COUNCILMEN F ya Z A Zi N 2 • 4. Jack Barratt, dba Jack's Catering, 348 South Pixley, Orange, portable food stand for truck currently licensed in the City, to add following locations to existing approved locations: Macco Corporation construction job (Cameo Highlands), 4145 East Coast Highway, Corona del Mar; Sanitary eriseE Laundry & Cleaners, 1100 West Coast Highway, 63 Newport Beach; letters received from Francis E. Jackson, Field Office Manager, Macco Corporation, and Bob Saleido, Sanitary Laundry & Cleaners, re- questing subject service. 5. Exempt, Willard A. Booth, representative, The Salvation Army, Men's Social Service Department, 1370 Alamitos Avenue, Long Beach, house -to -house soliciting -to pick up discarded clothing, house- hold "appliances and salvagable material by the Salvation Army. 6. (Agenda Item G -5) Consideration was given to the Application for an Exempt License of Mrs. Rutherford Donker, Executive Director, Camp Fire Girls, 118 West Fifth Street, Santa Ana, house -to- house soliciting for the sale of peanuts by Camp Fire Girls; funds to be used for local Camp Fire Girls; sales also to be made in downtown booths; drive to be conducted from January 22, 1960, through February 8, 1960. The matter was held over until the meeting of Motion x January 11, 1960. The City Clerk was requested tc All Ayes contact the representative of the Camp Fire Girls and request that she be present at the next Council meeting. ADDITIONAL BUSINESS: 905 sub- 1. (Agenda Item H -1) Ordinance No. 905, being Lsion rdg AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING led SECTION 9250.5 TO THE NEWPORT BEACH MUNICIPAL 905 CODE RELATING TO SUBDIVISIONS, 3ted (Adding exclusions) was presented for second Motion x Z6 reading. The second reading of said ordinance was Roll Call: i7 waived and Ordinance No. 905 was adopted. . Ayes x x x x x 906 2, (Agenda Item H -2) Ordinance No. 906, being annex - is AN ORDINANCE OF THE CITY OF NEWPORT BEACH CHANGIN rdg AND REDEFINING THE BOUNDARIES OF THE DISTRICTS OF led THE CITY AND ADDING CERTAIN TERRITORIES RECENTLY 906 ANNEXED TO DISTRICTS OF THE CITY PURSUANT TO )ted SECTION 1005 OF THE CHARTER, .08 .65 (redistricting Councilmanic Districts in ac- cordance with the Charter) was presented for second reading. The second reading of said Motion x ordinance was waived and Ordinance No. 906 was Roll Call: adopted. Ayes x x x x x 3. (Agenda Item H -3) Ordinance No. 907, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 8100.3 OF THE NE[, ORT- BEACH MUNICIPAL COD RELATING TO THE BUILDING ODE, ATTEST- C_ Page 123 Mayor CITY OF NEWPORT BEACH COUNCILMEN Page 124 - Volume 13 Index (Dee_PmUPr 2R- 19591 N N 1 Z R • (amending Section 304 of the Uniform Building Code Ord 907 permitting the Director of Building and Safety to re Bldg charge an additional $5.00 per inspection for those Code inspections made necessary as the result of fault 2nd rdg workmanship or material or for any interim in- waived spection requested by the builder before the work Ord 907 to be inspected has been completed and made ready) adopted was presented for second reading. CA -57 The second reading of said ordinance was waived Motion x and Ordinance No. 907 was adopted. Roll Call Ayes x xxx x xx 4. (Agenda Item H -4) Mayor Stoddard stated that at his request the matter of the retention by J. H. Morris of a privately -owned fence on City -owned property at 35th Street had been placed on the J H agenda for further consideration. He stated that, Morris in his opinion, the fence was on a public right -of- req to way and should be removed. • Mr. Morris spoke from the audience reiterating retain that a building permit had been given for the fence on construction of the fence, but it was explained by 35th St Mayor Stoddard that an error by a City employee Fence could not be the determining factor. ordered removed A letter from Leslie Holbrook, objecting to the CA -159 retention of the fence on subject property, was presented. The City Manager was directed to take the neces- sary steps to have the fence removed from the public property adjacent to the property owned by Motion x J. H. Morris. All Ayes The communication from Mr. Holbrook was ordered Motion x filed. All Ayes Memo re 5. (Agenda Item H -5) A memorandum from the City proposed Attorney to the Mayor and City Council, regarding language for ballot proposed Charter amendments and • propositions to authorize the sale of waterfront Charter property, was presented. Said memorandum was Motion x amdmts & ordered received, and the City Clerk was requested All Ayes ballot to have the matter on the January 11, 1960, study props session agenda. CA -116 CA -76 Mr. Edward Healy spoke from the audience. R 5139 6. (Agenda Item H -7) Resolution No. 5139, author - re water izing the Mayor and City Clerk to execute a contract contract between the City of Newport Beach and the adopted Newport -Mesa County Water District, for the sale Motion x CA -12 and exchange of water on an emergency basis, was Roll Call adopted. Ayes x x x x x R 5140 7. (Agenda Item H -8) Resolution No. 5140, author - re Lic izing the Mayor and City Clerk to execute a Agrmt License Agreement with Kenneth 0. Farnsworth and Farns- Eva May Farnsworth, to enable them to load and Motion x worth unload passengers for sport fishing boats from the Roll Call adopted Newport Pier, was adopted. Ayes x x x x x x• C -647 • 8. H from Citbthe (Agenda Item -9) A memor ndum th Attorney requesting approvaof Interve o ATfNST: T: S yor � ity Clerk page 124 Index Superior Court Case 85554 Brawn v Reid CA -94 R 5141 Gr Deed and R 5142 escrow instruc• tions . Sakioka adopted CA -38 r 1 LJ Empire Steel Bldgs Cc bid on Corp Yax bldgs rejected Clerk tc readver- tise fox bids CA -38 F, 1 Li John C Kirk Balboa Pier Concessi lease extended to 12 -31 -60 C -530 • CITY OF NEWPORT BEACH Page 125 - Volume 13 lT.�.. e...l.n.- 72 9050\ COUNCILMEN F c 00 �ys� p N N< Z m City of Newport Beach in the Superior Court Case entitled /)Brawn v. Reid," was presented. j The City Attorney was authorized and directed to Intervene on behalf of the Plaintiff in the Superior Court Case entitled Edward A. Brawn v. Kate H. Reid, et al., being Superior Court No. 85554, to recover all costs of the City as the result of the accident in which the Plaintiff was Motion x injured. All Ayes i 9. (Agenda Items H -10 (a), (b)) Resolution No. 5141, Motion x authorizing the Mayor and City Clerk to execute a Roll Call Grant Deed to Roy K. Sakioka, was adopted. Ayes x x x x x x', Resolution No. 5142, authorizing the Mayor and City Clerk to execute escrow instructions to permit the transaction to be completed in ac- cordance with the terms of Resolution No. 5081 Motion x regarding the sale of the 86 acres to Roy K. Roll Call Sakioka, was adopted. Ayes xxxxxx 'i 10. (Agenda Item H -11) Consideration was given to the only bid received for the construction of the Metal Buildings at the Corporation Yard, at the contract price of $12,066, from Empire Steel Buildings Company; the award of a contract having been held over from the meeting held December 14, 1959. The Public Works Director gave an oral report re- garding his investigation of the matter that nine companies had taken out specifications but only one bid on the construction of the buildings, stating that the shortage of steel was, in part, responsible. It was the consensus that the work should be resubmitted for bid. The bid of Empire Steel Buildings Company was rejected, and the City Clerk was directed to Motion x readvertise for bids. All Ayes 11. (Agenda Item H -12) A letter was presented from John C. Kirk regarding his request for an ex- tension of the Balboa Pier concession license and for im'provements.he proposes to make. The City Manager suggested that the lease be ex- ntended to December 31, 1960, in order to put the lease on a calendar -year basis, and that during the next twelve months study be made of alterna- tives to the granting of a similar license. The oral report of the City Manager was accepted, and the City Attorney was instructed to prepare the necessary documents to extend Mr. Kirk °s lease on the same basis from September 1, 1960, tc Motion x December 31, 1960. All Ayes Mr. Kirk stated that the extension of the lease t December 31, 1960, was agreeable to him. It was directed that the matter be diaried for September 12, 1960, for r consideratio�q by he Council at that time. �� Motion Ayes x �% // � ATTEST: mayor >_ty GleM MS Page 125 FA CITY OF NEWPORT BEACH COUNCILMEN Page 126 - Volume 13 Index (nuromhnr 9A iQSQ% P N N �% • 12. Conveyance of River Avenue Lots (Agenda Items H -13 (a), (b), (c), (d)): R 5143 5144 (a) Resolution No. 5143, authorizing the execution 5145 of a Grant Deed to Elizabeth M. Rutherford, or hex Motion x 5146 designee, for the southwesterly 104' of Lot 10, Roll Call Gr Deeds Block 50, River Section, (Parcel A) , was adopted. Ayes xxxxKxx River Ave lots (b) Resolution No. 5144, authorizing the execution adopted of a Grant Deed to Elizabeth M. Rutherford, or he CA -38 designee, for the northeasterly portion of Lot 10, Block 50, River Section, including certain land Motion x northeasterly of and adjacent thereto, (Parcel Roll Call B), was adopted. Ayes x x x x x (c) Resolution No. 5145, authorizing the execution of a Grant Deed to J. H. Morris, or his designee, Motion x for the southwesterly 104° of Lot 7, Block 50, Roll Call River Section, (Parcel C), was adopted. Ayes x x x x x x x (d) Resolution No. 5146, authorizing the execution • of a Grant Deed to Mr. and Mrs. E. Ballif, or their designee, for the northeasterly portion of Motion x Lot 7, including certain land northeasterly of and Roll Call adjacent thereto, (Parcel D), was adopted. Ayes xxxxKxx Parking 13. (Agenda Item H -14) The recommendations from the Control city Manager that the Council authorize an ad- Officer ditional position of Parking Control Officer in the CA -45 Police Department Budget, effective January 1, Motion 1960, were approved and authorized. All Ayes Budget 14. (Agenda Item H -15) Budget Amendment No. C -48, Amendmt being an Increase in Budget Appropriations in the C -48 amount of $3145, from Unappropriated Surplus, appr General, to Police Department, Regular Salaries an CA -102 Rolling Equipment; for additional vehicle (Westcoaster Traffic- Master 3 -Wheel Scooter), and additional Parking Control Officer (5 months at $329 per month), for limited time parking control Motion x in Corona del Mar and Balboa Island, was approved. All Ayes B•get 15. Budget Amendment No. C -49, in the amount of $500, being an Increase in Budget Appropriations 4mdmt from Unappropriated Surplus, General, to Sewers, -49 Land Improvements; for relocation of sewer line at appr 349 Catalina Drive; E. N. Cook (owner) to pay on a CA -102 labor and material basis; $1,000 deposited to Motion x cover preliminary costs, was approved. All Ayes ;ifegua cB . A communication, dated December 24, 1959, to 'ept the City Council, through Chief Lifeguard Robert E Accumu- Reed from Lifeguard Captain Michael J. Henry, re- Lated garding accumulated overtime for first aid, water )vertime safety lectures, and classes for which compensatio :A -45 is requested, was presented. :A -61 Said letter was referred to the City Manager for Motion x report and recommendations at the next meeting. All Ayes 17. The meeting was d ourned. Motion x 1;4L"' ('� All Ayes . ATTEST: S mayo city eAk page 126