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Home My WebLink About02/27/1961 - Regular MeetingIndex Notices to proper owners re B.I. pier permit CA 130 CITY OF NEWPORT BEACH Page. 146 = Volume. 14 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date. of Meeting: February 27,: 1961 Time of Meeting: 7:30 P. M. Place. of Meeting: Council Chambers Roll Call: The Minutes of February 14 and February 20,. 1961, were presented for approval. Mayor Stoddard, stated that,, in connection.with the Joint Harbor Committee. policy of Febru- ary 7,, 1961, re Balboa Island pier. permits, adopted. by the Council on February 14,. 1961, as. set forth in the Minutes on age. 133, Volume 14, the City Clerk desired clarification regarding the responsibility for sending of notices. to Balboa Island property owners when a.permit for a,pier has, been requested. Councilman Kingsley stated, and Councilman Somers agreed, that. it was theAntention of the Joint Harbor Committee.that subject notices are to be. sent by the Joint Harbor Committee.prior to submitting the matter to the Council. The reading of the Minutes. of February 14 and February. 20, 1964 was, waived, and the Minutes, were approved as writ- ten,, with -the, direction, to the City Clerk_ that an insertion be made, on Page, 133, indicating, the intention of the Joint Harbor Committee as stated, by Councilman Kingsley. 1. Neptune Avenue. Assessment District: (Agenda Item E -1) The City Clerk. stated that the hour. of .7:30 o'clock P. M. having arrived, this. was.the time and place. fixed. for Neptune the. hearing of appeals: or objections to. the. confirmation Ave of .the. assessment in the. matter of .the. construction, of Assess ment certain improvements. in Neptune Avenue Assessment Dis tric t District in, the City of Newport Beach, California, as hearing described..in Resolutionof.Intention No. 5186 adopted, by CA 29 the City Council of said City on the 14th.day of March, 1960. The City Clerk announced that Notices. of .the. filing of the iassessment and of the. time and place. for hearing, were duly and regularly published, posted and. mailed, all as prescribed. by.law, and that affidavits, showing. such. com- pliance.were.on.file inher office. The Mayor then inquired. of the City Clerk if any written appeals, protests:or. objections had been filed as, to the work..done or as. to the assessment, or as. to any other matters.pertaining•,to the, proceedings. The City Clerk reported that one. written appeal or objection..had been filed. with her. prior to .the. time set for hearing. The City Clerk then. read to the Council the appeal or objection of Mrs. A. MacGillivray. Mayor Stoddard. opened the. hearing and. inquired whether or not any persons, desired to. be heard and whether or not there.were. any protests or objections. Mrs. Ruth Davis addressed the ouncil, and Laurence J. Thompson, Assessment Engine , spoke fro . udj� V. 11-1,141 ATTEST: ��s1 z Mayor City Clelrk Page 146 Present Motion All Ayes COUNCILMEN CITY OF NEWPORT BEACH COUNCILMEN Page, 147 - Volume: 14 index /S`eth....., .... -77 101.1\ Y� N &6700F A ence. No further persons, desired to be heard. Councilman. Hart. made, the- following,motion, which.car- Motion x Neptune ried,.unanimously: "All appeals, protests and objections All Ayes Ave are, hereby overruled and. denied." cons. After a.full, fair and impartial. hearing, and. an opportunit R 5368 having, been given to all persons desiring to be heard, confirmir g Resolution No.. 5368, being a Resolution of.the City Coun Assessme t cil. of the City of Newport Beach, California, confirming adopted assessment.in. the, matter of the improvements.in- Neptune CA 29 Avenue Assessment District..in. said City, as described.in Motion x Resolution of Intention No. 5186, was unanimously Roll Call: adopted. Ayes x x x x x: 2. (Agenda Item E -2) Ordinance No. 949, being Ord 949 AN ORDINANCE OF THE CITY OF NEWPORT BEACH hearing REZONING PROPERTY AND AMENDING DISTRICT MAP NO.. 11, rezoning, a portion of Lot 1, Tract No, 1080,, located at 325 Edgewater, Balboa,; from an R -4 District to an Un- classified District; Planning Commission Amendment No. 103 (applicant, Arthur LaShelle), was.presented for second reading, and public hearing. A petition, purportin to bear twenty -two, signatures of property owners. and residents, of the City. of Newport Beach, opposing said .proposed zoning;, and a. letter from Donald D. Harwood, Attorney representing, the applicant for the rezoning, transmitting ,a petition.. purporting to bear 82, signatures of owners. of property in the vicinity, in favor of the pro- posed amendment, was presented. The City Clerk read a letter. from John B. and Virginia H. Wassall, property owners at 409 East Edgewater, Newport Beach,. opposing, the proposed rezoning. She also read the findings. of the Planning Commission. • Mayor Stoddard. declared the hearing open. Attorney Harwood. spoke from the audience. No one. else. desired Motion x to speak from the. audience. The hearing was closed. All Ayes A discussion., ensued with. the. following, people participatin : Arthur LaShelle, La'Verne Hart, Attorney Harwood. Council members desired. to, know how Mr. LaShelle in- tended to develop the. rest of his property before, approvin the proposed zoning. Hrg con - On motion,, .the. previous action in closing the hearing was 3 -6 -61 10 rescinded, and the hearing was continued to the adjourned Motion x CA Council meeting to be, held on March b, 1961. All Ayes 3;. (Agendaltem E -3) Ordinance No. 950,- being AN ORDINANCE OF THE CITY //j)O�F NEWPORT E . ADDING CHAPTER 7 TO ART$¢L' VIII OF ATTEST: 51 Mayor City, Cler t-A 1 Page 147 Index icy,.,._.... _.. w , nt. ,% CITY OF NEWPORT BEACH Page. 148 - Volume: 14 COUNCILMEN 2 F&I •: NEWPORT BEACH MUNICIPAL CODE RELATING TO HOUSING, d 95 was presented. for second. reading and public hearing. Th usinE City Attorney had.submitted.to the Council proposed re- visions of Ordinance No. 950..with..a memorandum dated February 16, 1961. The ordinance. with _the. proposed revisions, was. considered. The, following, people, spoke from the audience opposing the ordinance, in whole or in part: Nelda Gibson; Judy Hunter; Mrs. L. A. Hamilton; Mrs. William Kapeia; Ralph F. Forch; A. C. Boland (who stated.he also repre- sented.other property owners); Michael Esty,: who stated that the Balboa.lsland Improvement Association, did not voice _the. opinion of all the members; Duncan Hardesty; George E. Hapgood; Sherman Hart; C. C. Davis ;. L. A. Beauchamp. Mrs. Virginia Badham addressed the Council. Mayor Stoddard read a.telegram from L. H. Himmelrich and presented a,letter..from Harold P. and Jean M. Allan, each opposing the. both of which had.been received. on February 27. By a. show of hands, it was determined. approximately. 70 people were. in the audi ence. opposing the proposed ordinance. No one desired.to speak in favor. of the. ordinance, with 3 950 the exception of Marvin Johnson, President of the Balboa Lhdram Island Improvement Association, who commented. 3 gypped The hearing was closed and Ordinance No. 950 was Motion x 145 .:withdrawn and dropped. Roll Call: Ayes, x x X. x x. x x RECESS.for..five minutes. was declared -.by Mayor Stoddard. ' The meeting, reconvened.. with, all Councilmen. present. COMMUNICATIONS: 1. (Agenda Items F =1,: 2) The following,communications Motion x were ordered filed: All Ayes :eria (a) A copy of a Resolution of the Board of Supervisors, ,hway adopted on'February 14, 1961, establishing :the. fiscal t Prog 69 program for the fiscal year 1961 -62 under :the Arterial Highway Financing Program. urge (b) A copy of a Resolution of the Board,. of Supervisors, tnty adopted February 7,. 1961, accepting and approving, a tstal report of the Orange County Coastal Transportation tnspt Committee.on.the Program of Interim Improvements :e rer ort to Pacific Coast Highway in Orange County, and. author- 69 izing,A. S. Koch, James -B. Stoddard, C. M. Nelson, Willis H. Warner or his alternate, and Kenneth Sampson, to present said.. report. and recommendations ' to the State Highway Commission. on February 21, 1961. (Mayor Stoddard. c mented,that thha tends, n '��2a�yJ ATTEST: G�( 48 or Page Cit Cle k F&I Index CITY OF NEWPORT BEACH COUNCILMEN Page. 149 Volume 14 SA�OZns` m 3 m O oo t;ity t,ierx 17 u u the meeting and- that the. recommendations, had. been • referred to the State' Highway'Engineer, Mr. Womack.) Claim 2. (Agenda -Item F -3), The. claim for damages. of Rita Shell, for served on. the City Clerk -on February 16;;1961, alleging Damages injuries. sustained..on December 27, 1960, when claimant. CA 84 tripped on a "defective and depressed portion of the. road- way" on Balboa Boulevard at 15th Street; alleging, general damages,in the amount of $10, 000 was.presented. Said. claim was denied And the. action: of the City Clerk, in referring, the. matter to the insurance carriers,; was icon- Motion firmed. All Ayes Fodor It 3. (Agenda Item F -4) A letter was. presented.. from L. V. and re land Elizabeth Fodor,, 543 Victoria Street, Costa Mesa, re- adj to questing, that.the Council give. them first chance. to pur- property chase the, strip of land adjacent to their property and the CA 38 City's. right -of -way, in the area known as Parcel No. 3, of :• the. proposed. improvement of Newport Boulevard. between 23d and 30th Streets, their property being known as 221 and 223 - 29th Street. The City Attorney was. instructed. to answer. said letter Motion x and advise Mr. and Mrs. Fodor, of the Councii's.policy in All Ayes regard. to. surplus property, and that the land as yet has not been declared surplus. Colton 4. ,(Agenda, Item F -5) The, announcement of the City of Colton Civic of its. new Civic Center, inviting Council inspection,. was Motion Center .,ordered: filed. All Ayes CA 48 Gram Itz 5. .(Agenda Item F -6(a)) A letter was ordered filed. from A. Motion x re. EastE r L. Gram,. dated February 14,. 1961, regarding a purported All Ayes Week "growing lack of harmony" between the• City Council. and CA 74 the officers of the Balboa Island Improvement Association;" and, urging, that they work together harmoniously. 6. (Agenda.Item F -6(b)) A letter was.presented,from the Balboa Island Balboa.Island Improvement Association, dated February Impr As En 21„ 1961, regarding Easter Week and setting,forth. "the ltr control measures, that were. oustandingly effective. last CA 74 year, and are.the- techniques .that" said Association would like to, see. again instituted. Said letter was referred to the City Manager for. discus- Motion x sion with the proper department, head, the Chief of All Ayes Police, to help formulate the best policy possible for the Easter Week and for the entire. summer season; and it was - directed that the. City. Manager. "look into the !'loiter law. " Vehicul T, (Agenda Item F- 6(c)) Councilman Cook presented a plan & pede - for vehicular and pedestrian control. on Marine Avenue, trian Balboa Island. control plan A discussion. ensued. Marvin Johnson stated that the • Balboa, Island Improvement Association endorsed the plan CA 74 on a trial basis during East Week and fo ri of to,(� 0() ATTEST: Pa9 M4yor t;ity t,ierx 17 u Index (February27, 1961) Vehicle lic fee revenue CA 58 R 5369 re CAB case CA 99 E Small Bus Adm 1 re la categ ASSOC Knight letter re high school parking CA 22 • Neale letter CA 114 CITY OF NEWPORT BEACH Page. 150 - Volume 14 90 days. No, one. was. in. the audience. representing, the Balboa Island Business Association. The City Manager was instructed. to. implement .the.plan, subject to a letter of approval. from the Balboa .Island Business Association, for a.trial period. of not to exceed 90 days. 8. (Agenda.Item F -7) The revised estimate of apportionmez g . of vehicle- license,fee. revenues (showing effects of decennial census): for the. 1960 -61 fiscal year;, indicating Newport Beach share. to. be $132, 100, was ordered filed. 9. (Agenda Item F -8) A transmittal letter to the City °Manage from the City Manager of the City of Long Beach„ enclosi copy of a.proposed Resolution for adoption by the City of Newport Beach, was .presented. Upon recommendation. of Mayor Stoddard, Resolution No. 5369,: being a Resolution of the City of Newport Beach, pertaining to the position of the City of Newport Beach with respect to Docket No. 5395, et al. , Southern Rocky Mountain Local Service Case,, before.,the Civil Aeronautic Board, was. adopted, subject to any, Technical changes.thal the City Attorney sees fit to approve -from a legal stand- point. 10.(Agenda.Item F. -9) A letter was presented, addressed. to Mayor Stoddard from Donald McLarnan, Regional Direc- tor of :the Small Business Administration, in re the. classi fication of certain communities.in Southern California. in r .the - "distressed labor" category; reminding, cities of the number of services which the Small Business Adminis- tration, office. provides "for community groups, and devel- opment companies, which tend to boost employment and economic:grovith, "'so that the City can take aggressive action in this type. of activity. The:.letter was ordered. filed, and it was, directed. that copies.: be. sent to the two Chambers of Commerce. and the Press. IL(Agenda Item F -10) A letter was presented, addressed to Councilman Atkinson, from Mrs. H. Warren Knight, re- garding lack. of adequate parking. for students and faculty at the High School; inquiring, whether or not the School could:',provide.for the cars; requesting the procedure. and cost involved in providing sidewalks on Irvine Avenue, for .the, students. who.walk to school. Said letter was ordered filed; it was. directed.. that a fur- ther study be.made, and that the City Manager discuss the matter with the High School authorities, and that he inform Mrs. Knight of what. would be involved in providi sidewalks on Irvine Avenue. 12.(Agenda.Item F -11) A letter from Walter J. Neale, 1600 Irvine Avenue, requesting t attentionbe�he ATTEST: V. C rC / c6 page 150 COUNCILMEN Motion All Ayes Motion All Ayes Motion Roll Call: Aye s x Motion All Ayes Motion All Ayes 21 x I 7 9 C c TY COF MWPbkT ` r4CH Page. 151 - Volume 14 Index 77 10!.11 COUNULIV1EN S(\7, Z m m N 2�L 09 N N r4 p , excessive automobile speed and exhaust noise in subject .neighborhood,. was ordered filed. and referred to the City Motion x Manager. All Ayes George 13.(Agenda.Item F -12) A letter and sketch from Paul P. ltr re George, suggesting arrangement of piers to accommodate pier the great number of pleasure. boats. in the Bay,. between arrang ment 14th and 18th Streets, were presented. J. B. Webb, CA 41 City Engineer, spoke from the audience. The - letter and the- sketch.. were referred. to the Joint Motion x Harbor Committee. All Ayes ABC 14.(Agenda.ltem F -13) A copy, of an Application. for Transfer licensc of Alcoholic Beverage License, person- to- person transfe 7, CA 156 on -sale, general ;(public premises), Philip Chapirson and Harvey Saparow, Anchor Cove,: 2805 West Coast Highway Motion x Newport Beach,, was „ordered filed. All Ayes *Cty: 15.(AgendaItem F -14) A statement from Orange County Coast Coast Association, Inc., for February, 1961, to Motion x Assn February, 1962, dues, $35, for all Councilmen and. the Ayes x x x x x dues . City Manager, was approved. Noes x x ASSOC Woman' 16.(Agenda Item F -15) A letter was presented from Mrs. Civic Cecil F. Martin, Corresponding Secretary of the Woman' League Civic League. of Newport Harbor, stating that at .the last ltr re general meeting of said League, a motion was adopted, to parks "respectfully suggest .that all areas.which have been des - �'A 29 ignated.. and /or are. now being used for parks,. be. so dedi- cated in,order that they may, be preserved, inviolate. for public recreational use;” stating concern- "about the alley being planned to be, taken off of Channel Place Park." Said letter was ordered. filed. with other correspondence Motion x on the subject. Mr. Ed Healy spoke. from the audience. All Ayes APPLICATIONS FOR LICENSE: • 1. .(Agenda Items G -3, 4, 5, 6, 7) Applications for License, made by the. following :individuals, were.presented and held over for consideration at the next Council meeting; and the City Manager was instructed: to make an investi- gation_and report on their compliance. with sanitary, re- Motion x quirements. All Ayes R.. H.. Winckler, ten slip rentals, Dick's Dock,. 2735 License Ippls West Coast Highway, Newport Beach. Approved by .`or slil Building, Planning, and Fire Departments. • entals A 63 - G. E. Minney,, twelve slip rentals, 2601 West Coast Highway, Newport Beach. (Currently licensed as a boat broker in the City.) Approved by Building, Plan- ning and Fire Departments. Ken Svedeen, Manager, Ken Niles Villa Marina, 89 slip rentals, 1021 Bayside Drive, Newport Beach. (Slips formerly, reserved for .tenants only.) Approved by Fire, Building, and Pla ing Departme ATTEST: Na"_ 151 Ma or cv Page Index Sip rentals cont. CA 63 License appls CA 63 • Mr Cook' report re pier permit ord for Bal Isl, Ord 951 set for` hro 3 -17 -61 CA 130 n LJ CITY OF NEWPORT BEACH COUNCILMEN Page. 152 - Volume 14 Z \140400`17_ app O 7� 9C (February 27, 1961) Don Pedersen, eighteen slip rentals, Vikings Port, 2547 West Coast Highway, Newport Beach. (Currentl ,.licensed in-the City for boat building.) Approved by Fire, Building and Planning Departments. Fred MacDonald, thirty -two slip rentals, Cabanas Marinas, 633 Lido Park Drive, Newport ,Beach. (Currently.licensed. in the City for apartment rentals .at the. same address. Slips formerly reserved -for tenants•only.) Approved, by Fire, Building and Plan- ning Departments. 2. (Agenda.Items G -1, 2) The following Applications, for Motion x License. were approved, All Ayes Robert C. and Mildred Knudson, 11692 Samuel Drive, Garden Grove, on- sale.beer and pre - packaged foods only, The Beach Roamer, 104 Main Street, Balboa; transfer of ownership. John J. and Nettie M. Cirillo, on -sale beer, Lido Park Castaway. (formerly : known as Lido Park. Cafe_,), 2801 - 31st Street, Newport Beach; transfer of ownership. PIER PERMITS: s (Agenda Item H); Councilman Cook,: having been appointed a Committee of one, to investigate. ordinance. possibilities and to make, recommendations to the Council on an ordinance containing the policy adopted by the Council on Balboa;.Island pier. permits, orally reported his. findings. He.presented a proposed ordinance. George Jones,of the Balboa Island Improvement Associ- ation, Miss Kate McCann, J. S. Petsch, and City Engi- neer J. B. Webb, spoke from the audience. Ordinance No. 951,. being AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTIONS 10149D AND 10149E TO THE NEWPORT BEACH MUNICIPAL CODE RELATING TO PIER PERMITS AROUND BALBOA ISLAND, was; introduced, set .for public hearing on March 27„ 1961 Motion and referred to. the Joint Harbor Committee. for an Roll Call: opinion and report. to the Council on March 27,, 1961. Ayes x x x x x Attorney Max Sturges, representing William ThomPson, addressed-the Council. regarding, a Balboa. Island pier. The matter was.held over pending recommendations from the Joint Harbor Committee. ADDITIONAL BUSINESS: 1. (Agenda Item 1 -1) Resolution No 5370, authori g . acceptance. of a grant. of easemi t from Sign: it d -a ATTEST:�� page . 152 Mayor City Clerk M� 4 Gr CA Fi Av itr CA 4 R Re CA R Cc AE An C- r L R Cc A€ An C_ R Pt d Ct C° Jt Ni fE 4 CITY OF NEWPORT BEACH COUNCILMEN Page 153 'Volume 14 Index (Februar '27,. 1.961) N N Z OR 5370 Co. , Newport Realty Corp. , and Frank H. Ayres & Son, Motion . x of Es t for sewer pump station..and appurtenances at the.norther Roll Call: 32 ly end of 62d Street, was.adopted. Ayes x.x x x x ; 2. ,(Agenda. Itsm.I-4) Mayor Stoddard. made. a motion:_that in Motion the. event a. proposal to improve Fifth Avenue between Larkspur and Narcissus; is. brought before. the City,, the City's- contribution.. would not exceed $6816, but failing such a.proposition being, brought before.the City,,. the City fth will not initiate any further actionAo pave Fifth Avenue. e prs A discussion ensued. Rose Hall, 720 Marguerite; Coron 29 del Mar, and Attorney Arthur Anne, spoke from the audience. A vote. was ,taken on Mayor Stoddard's motion,, which carried, unanimously. All Ayes '3. (Agenda.Item 1 -5) Resolution No. 5371, authorizing the Mayor and City Clerk. to execute an agreement with 5371 sub 123 Richard V. Jordan, Subdivider, for the construction of 129 improvements, required as a.condition of approving Re- subdivision No. R -128,, being, a portion of Lot 3, Tract Motion x 1125., (located at the southeast corner of W estcliff and Roll Call: .Irvine Avenue), was adopted. Ayes x x x x x. 4. (Agenda, Item I -6) Amendments to .the Operating Agree- ment, Corona del Mar State. and City Beach Park,, pro- viding forthe inclusion of certain additional property being acquired - bythe State in the, Operating Agreement, were considered. 5372 M Oper Resolution No. 5372, authorizing, the Mayor and City riot Clerk to execute Amendment No. 3: to. the Operating Agree - dmt 3 ment :with,. respect .toAhe Corona del Mar State. and City Motion x 510 Beach Park, (Jack A. Beaver, et al., previous. owners), Roll Call: was adopted. Ayes x x .x x x ' 5373 Resolution No. 5373, authorizing, the Mayor and City M Oper Clerk to execute Amendment No. 4 to the Operating Agree- rent ment with respect to the Corona del Mar State and City Motion x dmt 4 Beach Park, (Ronald C. Davis, et al., previous. owners), Roll Call: 510 was. adopted. Ayes x x .x x x 5374 5. .(Agenda Item I 77) Resolution No. 5374, authorizing the rchase purchase. of certain, items, to be made. for the City, by the rough Purchasing Agent of the County. of 'Orange, (gasoline, oil, y and.such:other items regularly purchased by the.County Motion x 724 as. may, be. designated from time to time by the City Roll Call: Manager), was.adopted. Ayes x x x x x 6. (Agenda Item 1 -8), A report. was presented from the City dge Attorney, dated February 24,. 1961,. addressed to the is Council, regarding his examination of Variance No. 5:99 nce issued by the Planning Commission, and the curb cut ' authorized by the Council,: concerning the Judge. Nix, pro- perty at 3725 Ocean Boulevard,�_orona dell ATTEST : c ( Mayor Ci v Cl rk A. r Page 153 IV ) D 0 Inde • Jud€ Nix fenc cont CA .` CA ; • Adjc to : 0 0 CITY OF NEWPORT BEACH COUNCILMEN Page. 154 - Volume 14 treoruary c.i,, •7oap Councilman Zorenz.made . a.motion to approve. the recom- mendations of the City Attorney. A discussion ensued. Attorney James Turner,. represent ing certain property owners and Mrs. Lillian Gerdes, .e spoke from the audience- protesting the height of the fence Attorney Turner. requested revocation of the Variance:of e an opportunity to resolve..the. matter with Judge Nix or his representative. 10 '8 The City Attorney read a.letter from M. S. Bernard, Attorney representing Judge Nix, wherein it is stated that Judge Nix will conform to recommendations of the City Attorney by, reducing the, height of the fence, eighteen inches, and stating, that it is Judge NixO understanding ;that the gate is not apart of the. fence. The report of the City Attorney was .approved; it was directed that the Building Department is. to act to require the fence. to be reduced. so that it does, not exceed,.the height of the garage building on the property to.thceast, Motion x and. that the gate is to be. considered. part of the fence. All Ayes 7. The. meeting, was adjourned to March 6, 1961,, at 77.30 Mo. tion x P.M, All Ayes rarn d ATTEST: SMayor ity Tlerk 154 Page-