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HomeMy WebLinkAbout06/25/1951 - Regular Meetingi June 25, 1951 The City Council of the City of Newport Beach met in regular session in the council chambers of the City Hall at the hour of 7:30 P.M. The roll was called, the following councilmen answering present: Finch, Ramsey, Blue, Greeley, Isbell. The Mayor asked if anyone in the audience or any of the councilmen wished the minutes of the previous meeting or any part thereof read. No one responded, and the reading of the minutes was waived. Certain demands were approved on motion of Councilman Blue, se- conded by Councilman Greeley and carried by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None COMMUNICATIONS. Five letters opposing the re- opening of the small boat launching ramp at Carnation Cove were read, all of them citing traffic hazards, noise and disturbance and hazard to swimmers, as objectionable. The letters were from Martin R. Klitten, Charles H. Laws, William Lyons, J.C. Netz, and Dr. Van A. Odle. On motion of Councilman Ramsey, seconded by Councilman Gree- ley and carried, the letters were referred to the City Manager for study. The Orange County Water District extended an invitation to City officials and water - conscious individuals to take part in a tour of the Prado Dam and retarding basin on June 30th. On motion of Council- man Finch, seconded-by Councilman Ramsey and carried, the letter was ordered filed. Mr. and Mrs. Ray Ayres of 135 Turquoise Ave., Balboa Island, re- quested installation of stop signs at the intersection of Park Ave., Tur- quoise and Collins Avenues, and on motion of Councilman Greeley, seconded by Councilman Finch and carried, the request was referred to the Traffic Committee. Mrs. Aileen Wilson of Corona del Mar complained of the unclean condition of the Corona del Mar beach at Poppy Street. On motion of Coun- cilman Blue, seconded by Councilman Greeley and carried, the letter was ordered filed. 485 Re Carnation Ave. Launching Ramp Prado Dam Invitation Stop Sign, Bal.Is. Unclean CDM Beach A resolution from the West-Newport Beach Improvement Association asking that Section 9124 of the Municipal Code be amended to prohibit slant drilling for oil in that section of the City now open to subter- Re Slant Drilling ranean oil drilling operations, was read, and on motion of Councilman W.Npt. Finch, seconded by Councilman Ramsey and carried, was referred to the City Attorney for a report on the legality of such an amendment. The City Clerk presented a report prepared by the State Depart- ment of Health on possible pollution and nuisance existing in the vicinity Report on possible of the Orange County Joint Outfall Sewer. The Regional Water Pollution Sewer Nuisance Board No. S, citing the report, suggested that the City take steps to eliminate or reduce odor nuisances. The City Engineer stated that one open dome was being replaced at the City plant, and that arrangements were being made to burn escaping gas. He added that the sewer - cleaning program now under way was also being accelerated. On motion of Coun- cilman Ramsey, seconded by Councilman Greeley and carried, the report was referred to the City Engineer for such action as he deemed necessary. A letter from property owners on 37th Street requesting that the street be cleaned periodically of sand and debris, carrying 6 sig- 37th Street cleaning natures, was referred to the City Manager on motion of Councilman Blue, seconded by Councilman Greeley and carried. The application of George C. Stretz for a license to operate the Doll House at 415 E. Balboa Blvd., subject to approval by the Health Doll House license Department, was approved on motion of Councilman Greeley, seconded by Councilman Finch and carried. The application of John N. xelly to solicit house to house for the Jewel Tea Co. on an exempt basis, was referred to the City J.N.Kelly appl. Attorney on motion of Councilman Blue, seconded by Councilman Greeley and carried. The application of Dr. Paul H. Gerrish to teach swimming in Gerrish, Swim.Instr Newport Harbor was referred to the City Attorney on motion of Council- appl. man Greeley, seconded by Councilman Blue and carried. The application of Edith Joseph to operate "The Breakers" at 906 Shore Ave., Corona del Mar, subject to approval by the Health De- "The Breakers" appl partment, was granted on motion of Councilman Finch, seconded by Coun- cilman Greeley and carried. I The application of Jim Slemons II to sell home -grown grapefruit Slemons, Exempt Lie. and oranges on an exempt basis was approved on motion of Councilman Greeley, seconded by Councilman Ramsey and carried. The application of Harry A. Burkhart to operate the Harbor Cafe Harbor Cafe,appl. at 517 E. 30th Street was approved on motion of Councilman Greeley, seconded by Councilman Blue, subject to Health Department approval, and carried. UNFINISHED BUSINESS Ordinance No. 639, being Ord. No. 639 AN ORDINANCE ADDING SECTIONZ 10162, 10163, 10164, 10165, 10166, 10167, 10168, 10169 and 10170 TO THE MUNICIPAL Adopted. CODE REGULATING LIVE BAIT RECEIVERS AND THE HANDLING AND SALE OF LIVE BAIT having been given first reading on June 11th, 1951, was read, and on motion of Councilman Greeley, seconded by Councilman Ramsey, was adopted by the following roll call vote: The Clerk also reported that on the 17th day of May, 1951, he de- posited or caused to be deposited in the United States mail, with postage prepaid, a notice of the time and place of hearing upon said written report, all in the manner and form required by Sections 2851, 2852 and 2853 of said Code, and that an affidavit in proof of said mailing is now on file in the office of the City Clerk and of the City Council of said City; and more than thirty (30) days having elapsed since the date of such mailing, the said City Council has acquired power to proceed with the hearing in said.matter, pur- suant to said Code. The Mayor of the said City of Newport Beach, being the presiding officer of the City Council, then announced that the first order of the hear- ing would be the reading of the said written report, except as to the Map, plat or diagram, and the assessed valuations and true valuations of, and the assessments and estimated assessments upon the individual parcels of land, before protests would be considered. Thereupon, the Clerk read said written report so defined by the Mayor. The Mayor then inquired of the Clerk whether any written protests or objections to the doing.of the things proposed in said written report had been filed with him in said mentioned matter. The Clerk reported that two written protests had been filed with him prior to the time set for the hearing by the following persons: 2 protests M. J. Bane Mrs. Carl Schmuck. Each and every protest so filed was then read, being 1.84,% of the district, reference being hereby made to the written protests on file with the Clerk for any and all details. The Mayor then inquired if any persons who would be entitled to pro- test or object to the doing of the things proposed to be done, desired to make oral protests or objections, and stated that such persons would now be heard. No one responded, and after a full and thorough hearing had been had in said matter, and an opportunity having been given to any and all persons desiring to be heard or to make objections to the things proposed to be done, and after having considered the written report filed by the Engineer in said matter, Councilman Blue offered and moved the adoption of the following Resolution which motion was seconded by Councilman Finch and carried by the following roll call, as shown in said Resolution: r AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None An agreement of Lease between the City of Newport Beach and the Lido Isle Community Association covering the use of certain tidelands and Res, 3894. Lido uplands, more particularly described therein, being a renewal of an existing Isle Com.Assn.Lease lease covering the same land, was presented, and on motion of Councilman Renewed. Blue, seconded by Councilman Greeley, Resolution No. 3894, authorizing the Mayor and City Clerk to execute the lease in behalf of the City was adopted by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Clerk reported that this was the time and place fixed for the hearing on the written report heretofore filed by the City Engineer of Hearing, Tr.1011 said City for the construction and installation of a street lighting system for Balboa Coves, Tract No. 1011, approved by the City Council on the 14th day of May, 1951, in Street Lights. accordance with the provisions of the "Special Assessment Investigation, Lim- itation and Majority Protest Act of 1931 ", of the Streets and Highways Code, to -wit: Monday, the 25th day of June 1951, being the day, and the chambers of the City Council being the place fixed for such hearing. The Clerk also reported that on the 17th day of May, 1951, he de- posited or caused to be deposited in the United States mail, with postage prepaid, a notice of the time and place of hearing upon said written report, all in the manner and form required by Sections 2851, 2852 and 2853 of said Code, and that an affidavit in proof of said mailing is now on file in the office of the City Clerk and of the City Council of said City; and more than thirty (30) days having elapsed since the date of such mailing, the said City Council has acquired power to proceed with the hearing in said.matter, pur- suant to said Code. The Mayor of the said City of Newport Beach, being the presiding officer of the City Council, then announced that the first order of the hear- ing would be the reading of the said written report, except as to the Map, plat or diagram, and the assessed valuations and true valuations of, and the assessments and estimated assessments upon the individual parcels of land, before protests would be considered. Thereupon, the Clerk read said written report so defined by the Mayor. The Mayor then inquired of the Clerk whether any written protests or objections to the doing.of the things proposed in said written report had been filed with him in said mentioned matter. The Clerk reported that two written protests had been filed with him prior to the time set for the hearing by the following persons: 2 protests M. J. Bane Mrs. Carl Schmuck. Each and every protest so filed was then read, being 1.84,% of the district, reference being hereby made to the written protests on file with the Clerk for any and all details. The Mayor then inquired if any persons who would be entitled to pro- test or object to the doing of the things proposed to be done, desired to make oral protests or objections, and stated that such persons would now be heard. No one responded, and after a full and thorough hearing had been had in said matter, and an opportunity having been given to any and all persons desiring to be heard or to make objections to the things proposed to be done, and after having considered the written report filed by the Engineer in said matter, Councilman Blue offered and moved the adoption of the following Resolution which motion was seconded by Councilman Finch and carried by the following roll call, as shown in said Resolution: r IN THE MATTER OF THE PROPOSED STREET LIGHTING SYSTEM FOR TRACT No. 1011, SHOWN IN THE WRITTEN REPORT OF THE CITY ENGINEER OF THE CITY OF NEWPORT BEACH, CALIFORNIA, FILED MAY 14, 1951. WHEREAS, the City Council of the City of Newport Beach, Calif- ornia, did on the 14th day of May 1951, pursuant to statute, approve the written report prepared and filed by the City Engineer of said City, in accordance with the provisions of that certain act of the Legislature of the State of California, known as the "Special Investigation, Limitation and Majority Protest Act of 193111, being Division IV of the Streets and Highways Code, and did on said date fix Monday, the 25th day of June, 1951, at the hour of 7:30 P.M., as the day and hour, and the Council chambers of the City Council in the City Hall of said City as the place of hearing on such report; WHEREAS, the City Clerk of said City thereafter deposited or caused to be deposited in the United States mail at Newport Beach with ' postage prepaid, a notice of the time and place of hearing of said re- port, all in the time, manner and form required by said Code; NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Newport Beach, California, hereby finds and determines as follows: 1. That protests in writing have not been filed by the owners (as defined in the "Improvement Act of 1911" Division VII of the Streets and Highways Code of the State of California of a majority of the area of the lands to be assessed within the proposed assessment district, as .said district is defined in said written report. 2. That the aggregate special assessment liability upon the lands proposed to be assessed for such improvement, as such liability is shown in said preliminary written report, will not exceed fifty per cent (50 %) of the true value of said lands to be so assessed. 3. That the estimated proposed assessment to be levied for the proposed improvement against the several parcels proposed to be as- sessed therefor, as shown in said written report, will not exceed fifty per -cent (56 %) of the true value of said parcels. AND BE IT FURTHER RESOLVED: That the said City Council hereby finds and determines that the proposed improvement is feasible and that ' the lands proposed to be assessed to pay the costs and expenses thereof, in the opinion of said City Council, are able to carry the burden of such proposed assessment. I HEREBY CERTIFY THAT the foregoing Resolution was adopted by the City Council of the City of Newport Beach, California, at a regular meeting thereof held on the 25th day of June, 1951, by the following vote, to -wit: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 44E 4�� ulty Uler On motion of Councilman Greeley, the City Engineer was instruct- ed to prepare plans and specifications, which motion was seconded by Coun- cilman Blue and carried. NEW BUSINESS. An agreement between the County of Orange and the City of Newport Beach providing for payment by the County of the sum of $5000.00 toward ' maintenance of life guard service for the coming fiscal year, was presented, and on motion of Councilman Blue, seconded by Councilman Greeley, Resolu- tion No. 3595, being a resolution authorizing the Mayor and City Clerk to execute the contract on behalf of the City was adopted by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None ' Agreements for the renewal of rental permits for fan markers operated by the Department 6f Commerce, Civil Aeronattics Administration, were presented, and on motion of Councilman Greeley, seconded by Councilman Finch, Resolution No. 3596, being a resolution authorizing the Mayor and City Clerk to execute the renewal of the agreements in behalf of the City was adopted by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Hearing cont °d. Balboa Coves St.Lts. Orange Do. Lifeguard AgreemeOt renewal Res. 3595. Fan Marker permit renewal Res. 5596 • Ord. No. 640. Refueling vessels Ord. 640 to 2nd rd. The City Attorney presented Ordinance Nc 640, being AN ORDINANCE REGULATING THE FUELING OF VESSELS FROM TANK WAGONS and on motion of Councilman Blue, seconded by Councilman Greeley and carried, reading of the ordinance was waived. On motion of Councilman Greeley, seconded by Councilman Blue, Or- dinance No. 640 was passed to second reading by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Clerk stated that a clerical error necessitated the re- ��q adoption and re- execution of a quit claim deed to the Griffith Corporation Res. covering certain easements more specifically described in the quit claim deed Griffith Quitclaim authorized by Resolution No. 3864, adopted on February 13, 1951. On motion of Councilman Greeley, seconded by Councilman Blue, Resolution No. 3897, being a resolution authorizing the re- execution of the quit claim deed to the Griffith Co. was adopted by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Greeley, seconded by Councilman Blue, Resolution No. 3898, being a resolution authorizing the re- execution of Res. 3898.. a quit claim deed to the Assistance League of Newport Beach, Calif., cov- Q.C1. to Asst.League ering certain easements more particularly described in a deed authorized by Resolution No. 3864 -A, was adopted by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The Oath of Office of Craig C. Phoenix as a Reserve Officer, New - Phoenix, Oath port Beach Police Department, was approved on motion of Councilman Finch, seconded by Councilman Ramsey and carried. The Oath of Office of John J. Bloom as a probationary officer Bloom, Oath in the Newport Beach Police Department was approved on motion of Council- man Finch, seconded by Councilman Ramsey and carried. The Oath of Office of William H. Blue as a probationary officer, Blue, Oath Newport Beach Police Department, was approved on motion of Councilman Finch, seconded by Councilman Greeley and carried. The Board of Trustees of the Newport Harbor Union High School district requested annexation of the high school and campus of approximate- ly 75 acres, to the City of Newport Beach, stating that revision of insurance Re High School Annex rates in the unincorporated area would cost the high school district approx- imately $8,000.00 additional in the next five years, and that the City already furnishes such services as water, sewer, fire and police protection and gar- bage collection. On motion of Councilman Finch, seconded by Councilman Gree- ley, the proposed annexation was approved, and the request referred to the City Attorney to draft the required notice of intention to annex. The City Clerk announced that this was the time and place for the Bids for pipe opening of bids for 940 lineal feet of 12 inch diameter cast iron pipe with 940 ft. 12n. ball and spigot ,joints. The following bids were opened and read: 1. Pacific States Cast Iron Pipe Co. - - - $3,379.50 2. American Cast Iron Pipe Co. - - - - - - 3,901.94 On motion of Councilman Blue, seconded by Councilman Greeley and carried, the bids were referred to the City Engineer for analysis and report. The City Clerk announced that this was the time and place set for the opening of bids for the City's legal advertising for the fiscal year, 1951 -52, beginning July 1st. The following bids were opened and read: 1. Newport- Balboa Press - - $1.25 per inch, 8 pt. ty�e on pt. slug Legal Adv. 1951. -52 2. Newport - Balboa News - Times .60 3. Newport Harbor Ensign .60 ° " " " g n (first insertion) n ° " 0 per inch, 8 pt. type on 8 pt. slug second insertion) On motion of Councilman Finch, seconded by.Councilman Greeley, the Awarded to Ensign contract was awarded to the Newport Harbor Ensign, being the low bidder, by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Ord. No. 640. Refueling vessels Ord. 640 to 2nd rd. The City Attorney presented Ordinance Nc 640, being AN ORDINANCE REGULATING THE FUELING OF VESSELS FROM TANK WAGONS and on motion of Councilman Blue, seconded by Councilman Greeley and carried, reading of the ordinance was waived. On motion of Councilman Greeley, seconded by Councilman Blue, Or- dinance No. 640 was passed to second reading by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Attorney presented Ordinance No. 641, being AN ORDINANCE REPEALING SECTION 10127 OF THE MUNICIPAL CODE, ADDING SECTIONS 10148 -A, 10160, 10126 -A and 10127 THERETO, AND AMENDING SECTIONS 10105 and 10123 THEREOF: PROVIDING FOR THE ISSUANCE OF CITATIONS; PROHIBITING THE USE OF SIRENS ON VESSELS; FOR MOORING PERMITS AND FEES; FOR PROCEDURE IN CASE OF NON - PAYMENT OF FEES; DEFINING "MOORING" AND REGULATING MOORINGS IN THE PACIFIC OCEAN, ' and on motion of Councilman Greeley, seconded by Councilman Finch and carried, reading of the ordinance.was waived. On motion of Councilman Blue, seconded by Councilman G res- ley, Ordinance No. 641 was passed to second reading by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Attorney presented Ordinance No. 642, being an or- dinance providing for the establishment of two additional protected swimming areas in the City of Newport Beach, more particularly des- cribed as follows: AN ORDINANCE ADDING SWIMMING AREAS NUMBERS 5 and 6 TO SECTION 10157 OF THE MUNICIPAL CODE OF THE CITY OF NEWPORT BEACH On motion of Councilman Greeley, seconded by Councilman Blue, Ordinance No. 642 having been read by the City Attorney, was passed to second reading by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Attorney - presented Ordinance No. 643, being AN ORDINANCE PROVIDING FOR PROTECTED CROSS CONNECTIONS BETWEEN THE PUBLIC WATER SUPPLY AND ANY UNAPPROVED SOURCE OF WATER. �. On motion of Councilman Greeley, seconded by Councilman Blue and carried, reading of Ordinance No. 643 was waived. On motion of Councilman Blue, seconded by Councilman Greeley, Ordinance Number 643 was passed to second reading by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Engineer presented a map showing the location of a wall extending into the Bay adjacent to the property of the late Dr. Albert A. Soiland, which had been the subject of a protest fi12d at the precdding meeting of the City Council. The City Attorney stated that investigation showed part of the wall to be on private property and an outer section on City property. On motion of Councilman Ramsey, se- conded by Councilman Greeley and carried, the City Manager was instruct- ed to confer with the protesting parties and see if a compromise agree- ment could not be reached as to the disposition of that section of the wall that is not on private property. 0 Ord. 641 Vessels, Ord. 641 to 2nd read. Ord. 642. Swim Areas Ord. 642 to 2nd read. Ora. 643. Protected cross connect. Water supply. Ord. 643, to 2nd read. Soiland, wall. The City Manager reported that the application of Wynn Stu- dios of Los Angeles for a license to solicit color photography in the Wynn studio, lie. denied ' home, which had been referred to him for investigation at the June 11th meeting of the Council, had been investigated, and he recommended that the license be denied. On motion of Councilman Blue, seconded by Councilman Greeley and carried, the City Manager's recommendation was accepted. The City Manager requested permission to purchase a four -door Plymouth Sedan from Harvey Somers at a cost of $1,300.00, with a turn Permission to purchase In of a 1941 pick -up truck, and on motion of Councilman Ramsey, seconded 4 door Plymouth sedan by Councilman Finch, the purchase was authorized by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None n A summary of expenses incurred in cleaning the beaches of oil re- sulting from a rammed Navy tanker, totaling $2,632.954, was presented by the City Manager, and on motion of Councilman Finch, seconded by Councilman Gree- Claim vs. Navy ley, the City Manager was authorized :_td• claim. , this amount with the 11th for oil on beach District, U. S. Navy, for the damages incurred, by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Greeley, Blue, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Manager presented the budget for the fiscal year 1951- 1952, setting forth a total current expense fund of $1,006,904.60, and on 1951 -52 budget motion of Councilman Finch, seconded by Councilman Blue, the budget was approved. approved by the following roll call vote: AYES, COUNCILMEN: cinch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Manager stated that the budget, as adopted, included pro- vision for a $19.00 per month cost of living bonus for City employees to Cost of living continue for six months, at which time another survey of the cost of living bonus, Library index would be made; $35,000 for construction of a Public Library Annex, annex, 7 more and funds for the employment of seven additional firemen, as recommended firemen included. by the Board of Underwriters, and the purchase of a new high - pressure fire engine. Planning Commission Resolution 467, being a resolution granting a variance to the Assistance League waiving off - street parking requirements at 506 Malaga, Newport Beach, was presented, and on motion of Councilman Blue, P1an.Com.Res.467 seconded by Councilman Greeley, the Council concurred with the Planning Com- Assist.League Pkg mission in approving the variance by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Planning the applicationoff Roberts Resolution 6 S. Pridham for a 4a foot grear eyard tset back at 204 Plan.Com.Res. 468 Coral Ave., Balboa island, was presented, and on motion of Councilman Ramsey, kridham, denied seconded by Councilman Greeley, the Council concurred in the denial by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Planning Commission Resolution 469, being a resolution granting a waiver of off - street parking requirements for St. James Church at 3209 P1an.Com.Res. 469 Via Lido, was read, and on motion of Councilman Blue, seconded by Council - Waiver, Off -St. Pkg. man Greeley, the Council concurred in the approval by the following roll St. James Church call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Planning Commission Resolution 470, being a resolution recommend- ing the adoption of the subdivision ordinance regulating future subdivisions P1an.Com. Res.4 0, within the City of Newport Beach was read, and on motion of Councilman Gree- 7 ley, seconded by Councilman Finch, the Council concurred with the Planning Re Subdivision Ord. Commission in approving the subdivision ordinance as a precise section of the Community Design section of the Master Plan, which will set up standards and principles governing the subdivision of land, and instructed the City Attorney to prepare and submit the ordinance at the next meeting. The Clerk announced that this was the time and place set for the hear- ing on the application of m. Morris Smith to amend Ordinance 635, to rezone Lots 1 and 2, Block H, Tract 323, and Lot 3, Block 436, Corona del Mar, from C -1 Hearing E.M.Smith to C -1 -H respectively. The Mayor declared the hearing open and asked if any written protests .br. "communications had been received. The clerk reported none, and the Mayor called from comment from the floor. No one responded, and the Mayor declared the hearing closed. On motion of Councilman Greeley, seconded by Councilman Finch, the City Attorney was instructed to draft the required amendment to the zoning law of the City of Newport Beach, bj the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The Clerk announced that this was the time and place set for hearing of the application of the Lido Isle Community Association to amend Section 9102.2 Hearing - Lido of the Municipal Code of the City of Newport Beach so that certain yard set - Com.Assn. backs would be changed on Sheets 6 and 7 of the Districting Maps, Tract 907, as approved by the Planning Commission, in accordance with variance granted in 1935 establishing new yard setbacks. The Mayor declared the hearing open. The Clerk stated that no communications had been received. The Mayor called for comment from the floor, and none responding, declared the hearing closed. n On motion of Councilman Finch, seconded by Councilman Ramsey, the City Attorney was instructed to draft the required amendment to the Zoning law, by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The Clerk announced that this was the time and place set for hearing on the application of certain Lido Isle property owners for the re- zoning of Lots 977 to 992 inclusive, Tract 907, from R -1 to R -3, said application having been ddnied by the Planning Commission. Thl Mayor declared the hearing open, and the Clerk read letters from P. . Palmer, Clarence and Myrtle I. Kiech and Frank Kiech, protesting the retention of the lots in R -1. The Mayor called for comment from the floor, and Mildred Henry spoke in favor of rezoning to R -3, while Walter Longmoor explained the Planning Commission's decision to recommend continuance of the R -1 zone. The Mayor declared the hearing closed, and on motion of Councilman Finch, seconded by Councilman Greeley, the council con- curred with the Planning Commission in denying the petition for re- zoning. The Clerk stated that this was the time and place set for hear- ing on the Resolution of Intention of the Planning Commission to amend the zoning law of theCity of Newport Beach so that structures on certain specified lots in Tract 907 shall not be erected nearer to the 24 ft. street frontage than 4 feet, and not nearer to the 10 ft. sidewalk than 10 feet, and that sheets 7 and 9 of the Districting Map be corrected to indicate the setbacks. The Mayor declared the hearing open, and the Clerk stated that no communications had been received. The Mayor called for comment from the floor. No one responded, and the Mayor declared the hearing closed. On motion of Councilman Blue, seconded.by Council- man Greeley, the City Attorney was instructed to draft the necessary amendment to the zoning law of the City of Newport Beach by the follow- ing roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The Clerk stated that this was the time and place set for the hearing on the Resolution of Intention of the Planning Commission to re- zone certain lands south of Highway 101 known as the Stanley Tract, from ' R -3 to C -1 -H. The Mayor declared the hearing open, and the Clerk stated that communications had been received from Earl W. Stanley urging the proposed change, and from Herbert C. Kleppe protesting it. The Mayor called for comment from the floor, and Lars Lavagnino, representing the West Newport Improvement Association, read a statement protesting the change. Other protestants frgm the floor included H.G. Arms, Earl Brown, Mr. Klein, Mrs. Stewart, Mr. 11.W. Peters, Mrs. Helen Delamar, Mrs. Hen- drickson and Mrs. Nichols Wagner. Speaking in favor of the proposed change were Emerson Charles, Mr. Newcomb and Maurie Stanley. On motion of Coun- cilman Finch, seconded by Councilman Greeley, the hearing was continued to July 9th pending examination by the Council of the conditions said to be existent in the area, by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The Clerk stated that this was the time and place set for a hearing on Resolution of Intention of the Planning Commission to amend Section 9102.2 of the Municipal Code of the City of Newport Beach as follows: 1. That certain lands north of Highway 101 shown on Sheet 7 of the Districting Map be rezoned from a "U" district to a 0-1 -H district. 2. That the area known as Bayshore Camp be rezoned from "U" district to R -4 district and C -1 -H district. 3. That Tracts 1014, 1102, 1140 and adjacent areas be rezoned from "U" district to R -1 district. 4. That other areas adjacent to the Beacon Bay subdivision now zoned "U" district be precisely zoned as shown on Sheet 24 of the Dis- tricting map. ' Mayor Isbell asked if any communications had been received, and the Clerk replied that there were none. The Mayor thereupon declared the hearing open and called for comment from the floor. No one responded, and the Mayor declared the hearing closed. On motion of Councilman Blue, seconded by Councilman Greeley, the City Attorney was instructed to draft the necessary amendments to the zoning law of the City of Newport Beach by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None ,':'.' Hearinm, Lido Isle Zoning Hearing, re zoning law Lido Isle setbacks Hearing, Stanley Tract re zoning. Hearing, zoning change in certain lands. L Hearing - China Cove. $1.00 water meter levy suggested. Approved by Council. The finding and recommendation of the Park, Beach and Recreation Commission regarding the China Cove acquisition was read, and a majority report suggested that the City purchase 14 lots in China Cove with monies obtained from a monthly levy of $1.00 on each water connection within the City, for a period of 10 months, 60% of the revenue thus received to be applied to the acquisition of China Cove lots, and 40% to be utilized for other park improvements. Also that the matching land proposal together with a proposed park tax be placed on the ballot at the City Election of April 1952. Also presented was a minority report submitted by Francis J. Horvath, Chairman of the Park, Beach and Recreation Commission, urging that the City continue with the matching land proposal as contdmplated in an es- tablished plan of the City of Newport Beach and the State Park Commission, known as Priority 1 -B. Mayor Isbell stated that in his opinion the action suggested by the Park Commission seemed to be a practical solution of the China Cove problem. Councilman Ramsey stated that he was in favor of the proposed action, as did Councilmen Finch, Greeley and Blue. The Mayor called for comment from the floor, and a general discussion ensued in which the suggestion was made that the proposal to place the matching laid propo- sition on the ballot be dropped entirely, and that the City concentrate on acquiring the lots without State aid or intervention. Speakers from the floor included Mr. Condiff, Monte Grimes, Mrs. May Davis, Mrs. Ross and others. Councilman Finch moved that the Council go on record as favor- ing acquisition of those lots in China Cove as recommended by the Majority report of the Park, Beach and Recreation Commission, and other properties, if available, by applying a $1.00 per month levy on each water bill for the next ten months. The motion was seconded by Councilman Greeley and carried by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Greeley, Blue, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Ramsey, seconded by Councilman Greeley, the meeting was adjourned, sine die. My Cler 4- ,- ayor L n