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Home My WebLink About07/10/1961 - Regular MeetingIndex CITY OF NEWPORT BEACH Page; l - Volume- 15 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: July 10„ 1961 :Time of Meeting: 7:30 P. M. _Place. of Meeting: Council_ Chambers tRoll Call: The. reading, of the Minutes of June 26„ 1961,: was - waived, the Minutes were, approved as written - and - ordered filed. yor Stoddard announced that he and Councilman- Lorenz :. that. the: tax. rate for 'County Sanitation, District No. 5,can set at 89¢, a.total, reduction of 9¢. 1..(Agenda.Item E -1) Mayor Stoddard stated. this was. -the time.and place.for ,the continued. public hearing, regarding Ordinance -No.. 9.51, being Cont publ ic AN ORDINANCE OF THE CITY OF NEWPORT BEACH public SECTIONS, 10149D AND 10149E TO THE hearin _ re Ord . NEWPORT BEACH MUNICIPAL CODE RELATING TO 9re PIER PERMIT$,AROUND BALBOA ISLAND. pier Modification. of Ordinance No.. 951 was. considered, and permit the City, Clerk. read the. ordinance with proposed, revisions. around Balboa Island Mayor Stoddard.presented a.letter from Kenneth Sampson, CA 130 Secretary,to:.the Harbor Commission, dated June 26,: 1961 enclosing, a. statement of policy, unanimously approved.by the. Harbor Commission .. and recommended for Council consideration,; concerning, piers. on Balboa, Island. A memorandum from the Public Works Director„ trans- mitting the July %5,: 1961, recommendations of the Joint Harbor Committee,, and excerpts. from the Council Min - utes. of February. 14,..1961„ prepared -for Council. review by,the City Clerk,: were presented. The recommendations. of ,the Orange County Harbor Com- mission and ,the. recommendations. of the Joint Harbor rr Committee.: favored -the adoption. of a policy and opposed the4doption.of an ordinance. to control subject piers. The Mayor declared the: hearing open. Councilman -Cook. made. a motion.that the proposed :modi- .fication.of Ordinance No.. 951,.be approved; that said.ordi- nance; be- passed. .to second, reading, and set.for hearing, on August 28,, that he be authorized to go before,,the Board of Supervisors. and.urgeAhe concurrence -of said Board in the,provisions. of, the . ordinance. He, stated.: that. if the Board. of Supervisors did not. concur as, requested,- he would.no longer pursue ,the adoption of subject ordinance. The following people participated in: the - discussion: At- torney M. A. Sturges, representing Mr. Thompson. -and also himself, in favor of a policy rather. than an ordinancf Miss Kate McCann,,, in favor of the proposed. ordinance; Mr. George Newton,: desiring legislation so that an anti- quated pier could be replacg ; Mr. Gi5orjrr7es,, rrepre- ATTEST�L� Mayor City C erk Page 1 Present Motion All Ayes Motion COUNCILMEN x Index .Point Harbor Cmte policy reaffir and ad6ted • 11 CITY OF NEWPORT BEACH COUNCILMEN Page 2,- Volume 15 Z 3 Z 0\00%0\ Jul ° 10„ 1961 senting,tthe Balboa. Isiand,Improvement Association,: de- sir,ing,either'anordinance or. a- policy,which would:re- serve.for the people beach.area.for bathing; Mr. Clarence Stanyer„ in favor of the ordinance; Dr. O. C. Howell. A vote.. was taken on Councilman Cook's. motion which Ayes x x x failed. to carry. Noes x x x x 'The, policy of the Joint Harbor Committee,: adopted: by the Motion x Council on February 14,; .1961,: was, reaffirmed. and. adopt- Ayes x x X ed as follows: Noes x x x "Following, an exhaustive. study and field: survey,. the Joint Harbor Committee'.has adopted.,a policy whereby it will riot recommend for approval to the Council per - mits for new piers -on Balboa Island. in any,area.suita- ed ble.for - beach or swimming purposes. "The..field: check revealed:-that the. only areas on Balboa .Island.,that ,are. not suitable for beach. or. swimming purposes and where ;there are no piers existing, at the , present _time are: 1. On East Bay Front near the southeast corner of Little. Island between_the existing pier. on Lot 9 and the. existing, pier on Lot 7. of Block 4, Section 5. 2. On South Bay Front between the existing pier on Lot 3, Block -4. to the southeast corner of Little Island. 3. On.the South Bay -Front in,front of Lot 2, Block .4. 4. , On.the South .Bay Front between the.: existing, pier between' Emerald and Garnet Streets. "Thee Committee..,further. recommendsAhat the. following notice be. sent to all Balboa.Island owners -of property within 300, feet of ,the. area.where a permit for a.pier has been requested: `The Joint Harbor Committee, recommends. that-the application for a permit to build a pier bayward.of , Balboa .Island,.. be Granted or denied). The- City Council of Newport Beach will take, this, matter under consideration -on It was. the: intention. of the Joint Harbor Com- mittee.that notices to Balboa Island property owners,, whena permit for a.pier: has been .requested, are, to.:be sent: by, the Joint Har- bor Committee prior to the. submission.. of the matter to the Council. (This paragraph authorised for insertion.in- policy by Council on February, Z7,;1961.) '!It. will be .the policy of the- Committee when.recom- mending,either approval or denial to be specific as ,to .the reasons for its.act' n." 9 �� ATTEST: A l! ayor Cit Glertk e Index Council Policy of 2 -14 rescind Council Policy adopted Yugo- slavian..t visitor t x Recess I • ®rd, 95 disappr CA 130 Avon CA 14 CITY OF NEWPORT BEACH Page 3 - Volume. 15 COUNCILMEN \ `0 \X`odl i'\`A\ y in ? ?n r r' v0 y Index Use Permit 717 Balboa Bay Club CA 15 • Resub #140 appeal CA 129 LJ CITY OF NEWPORT BEACH COUNCILMEN Page .4 - Volume; 15 2 A� c Z gyp' O aNU <ZFpO, (JulyF 10 1261 3. ,(Agenda.,Item E -3) Mayor Stoddard opened the public hear ing regarding, the. appeal of Kenneth A. $vedeen,• yacht broker„ from the decision of the Planning Commission gxanting; the Application. of the Balboa Bay Club„ 1121 West Coast Highway, Newport Beach„ for Use Permit No.' 717; portion.of Lot 171, Block 154, ,Irvine's Subdivision, Zone R -4„ for permission to make available to members of the Balboa. Bay Club (through its, subsidiary,. corporatio , Seacraft Boat Company) certain marine. services, usually and. customarily furnished by private. yacht .clubs, includ- ing (a) janitorial. services, clean up and minor mainte- nance- of boats ,(not .including, major overhaul or dry- -dock- ing,on the. premises); (b) sale to club,members:of marine and. boating supplies and equipment; (c) services of.li- censed.yacht broker to handle. sale or charters of mem- hers' boats. Mr. Svedeen spoke from.,the audience- opposing the grant - ing,of the Use Permit. Mayor Stoddard, read the findings, of the Planning Com- mission. Mr. Nelson Robinson, a.yacht broker,: spoke from the audience.: objecting to. the Use Permit. Attorney H. R. Harrison,, representing the Balboa Bay Club,: spoke. from .the audience. and. stated that the Club wished to make.,the,.services, available..for. its- members, but did. not intend,.to exclude..others:from performing ,,similar services..for club members. The hearing was closed. Motion All Ayes The findings of.the Planning Commission were sustained, and Use ,P.ermit No. 1117 — ivacs granted,'_with -the unddr- - , standing „that:;the.Balboa,Bay.:Club. will permit outside ...- Motion br- okers' to ;contactmembens..Iand:.outside service:.:to.boats Ayes x.x.x.x: rs3ayi.coxrtinue at.'ttsal:a>t.ding.. Noes 4. , (Agenda It em E -4) Mayor Stoddard opened, the, public hear - ing ,regarding the appeal of Irvine Terrace Homeowners' Association from the. decision of the Planning. Commission .approving, the Application. of Al Nichols and Ivan Smart fo the resubdivision. of a portion. -of Lot 93 in Irvine Terrace, an R -1 lot into..two R- Llots, Tract No. 1701,..located -at the. corner of Malabar'Drive:and Seadrift Drive, Corona .del Mar; Planning Commission Resubdivision Application No. .140. Planning. Director J. W. Drawdy. explainedthat an error r had. been made. in. the computation .. of the width of one. of the proposed lots,: and that the Planning Commission, when considering pthe matter,, .had. been of the belief that the minimum width require ents.for both /§s had - een / ..met.' l.)�l19 ?° ATTEST: /cis• G� ayor ity erk Page 4 Index 0 (July 10, 1961) 5. • Ord 966 adopte CA 10 CA 23 1 • Neptune vacation R 5454 adopted R 5455 adopted CA 14 5th Avc imprs R 5456 C 744 • IE CITY OF NEWPORT BEACH Page; 5. - Volume 15 COUNCILMEN zp°cyno y yp . Councilman Kingsley made.a.motion.to close -the.: hearing Motion x and. refer -the. matter back to the Planning Commission. A discussion_ ensued. with„ the following,people: speaking from the audience: Attorney Gerald Brown -.and Lyell Buttermore, speaking,on behalf of applicants; Mr. John Hopwood, representing the Irvine Terrace Homeowners Association„ objecting; to. the. resubdivision_ and. citing .the reasons, set..forth..in a.letter presented to the Council -in the afternoon;. and Mr. John V. Baker, Jr., an- adjacent property owner, also protesting. A vote. was.taken on Councilman Kingsley' s motion,. whick. All Ayes carried unanimously. (Agenda Item E -5) Mayor Stoddard.. opened: the public hear- ing, regarding Ordinance No. .966,.being AN ORDINANCE OF THE CITY OF NEWPORT BEACH ESTABLISHING A SETBACK LINE AND AMENDING DISTRICT MAP NO., 26, amending District Map No. 26 and. establishing front yard setbacks for LotsA.to.8„ inclusive, Tract No. 4.106,.10- cated.northerly, of 15th Street„ between Aldean Place. and Irvine Avenue, Planning Commission-Amendment No. ll . No.one desired.to• speak. from the audience. The.hearing Motion x was closed. All Ayes Ordinance No. 966 was adopted. Motion x Roll Call: Aye s x x x x x: x x URRENT BUSINESS: (Agenda.Item I -2) Proposed. vacation of.portions -o£ Neptune Avcn ue: ,(a) Resolution No.. 54.54, adopting a map, showing .portions of a certain street known as Neptune Avenue. which;,are Motion x proposed to be vacated, closed up and abandoned,: was Roll Call: adopted. Ayes x x x x x x x (b) Resolution No.- 5455, being a:Resolution of Intention t order the vacation, closing up•and abandonment of Motion .x portions of a. certain street known as Neptune Avenue; - Roll Call: setting .the. hear.ing,.thereon. for August. 14,. 1961, at Ayes , x x x x x x 7:30 P.M., , was adopted. Noes x (Agenda Item I -3) A memorandum was presented .from th City Manager and Public Works Director regarding, the receipt of four, bids. by the City Clerk_ on July 6, 1961,. fo the; construction of Fifth Avenue, between Dahlia and Iris Avenues, recommending, the, a rd. of contract the iy bidder, Sully- Miller Contracti .Ro. V4 ATTEST: ayor City Cle k Page 5 CITY OF NEWPORT BEACH COUNCILMEN Page.6 - Volume; 15 oocF �o mzi NujO Index Li a CA Su & .I CA Sul &I CA S7u & 1 CA 4 • Resolution No.. 5456, authorizing,.the Mayor: and City Clerk to execute.a.contract with.the:.low bidder, Sully- Motion x Miller Contracting Co., at: the contract price- of Roll Call: $12, 871. 24, was adopted. Ayes x x x x x x x LICENSES: C The-following - Applications, for License were, approved: Motion x P63, All Ayes 1. (Agenda;Itern,J -1) Thomas Husman, Pacific Blind Products Co., 1403 -.1/2 West'Fourth Street, Santa Ana, for telephone solicitation. for the sale of Blind= Made,mer- chandise; distributors: for The California Industries for the Blind at 840 Santee Street, Los Angeles. Z. (Agenda.Item J -2) Art LaShelle, proprietor,: Christian's Hut„ for temporary license to operate, restaurant and cocktail bar,, restrict'ed.tp area of lower-bar, lower . dining room and.patio,: second floor. restrooms.only. (Approved.by the Fire, Building, and Planning Depart - ments: for ;three.. months ending October 1„ .1961,. with certain restrictions agreed.to -in. a.letter from applicant to. -the Building and Safety'Department dated May 27„ 1961 copy attached.,to, application; approved.by the Health Department.) COMMUNICATIONS - REFERRALS-and ADDITIONAL BUSINESS: 1. The following Summons and Complaints and Clai7n.for Damages-were, presented,: and the City Clerk's, referral Motion of the matters, to the insurance: carriers, was 'confirmed: All Ayes moon (a) (Agenda Item K -1) Summons and Complaint in the Los ,OMPI Angeles Superior Court Action No.. 771969, Ruth 84 Winagura.vs. City of Newport Beach,, et al., for personal -injuries, sustained.on September:: 14 1961, in.a.fall from a:bicycle on Balboa Boulevard. Amon (b).(Agenda Item K -2) Summons. and Complaint in-the ;Omp , Municipal Court of the Newport Beach Judicial 'Dis- 84 trict,: Case No., 1314, Lois- K. Knight, Plaintiff,, vs. City of Newport Beach, .,Defendant. for personal injuries, sustained on May 17„ 1960,, in a fall on Balboa Boulevard. moons (c),(Agenda ltem K -3) Summons and Complaint in the ,ompl. Orange County. Superior Court Action No.. 96737; 84 Donald G., Swanson, etc., Plaintiffs,; vs. City of Newport Beach„ et al. , Defendants,. for personal injuries sustained on February 3, 196 1, when Plaintiff collided head -on. with .a Cal- Va Dairy .truck in attempting to pass a City- owned.truck. on Bayside Drive. ' (d),(Agendaltem K -4) Claim for damages_ of Southern Counties Gas Company for operty damag ATTEST: ayor ty Cl rk Page 6 Sex Claim f Damages CA 84 Payers letter re stop light CA 19 Coleman ltr re taxes CA 107 (July 10, 1961) E Var. 654 C CA 13 E!nlm trees relocat C 762 R 5457 adopted CA 49 • Lynn letter CA 35 Pet re Harbor Island Bridge CA 97 Zoning Petition #112 CA 10 • CITY OF NEWPORT BEACH Page.7 - Volume 15 COUNCILMEN xy 1 Citj: Cleric k"� 16,.. 1961,. at 928 East Balboa Boulevard, through the installation of an. 8" sewer.main, damage' alleged. to 'ha e resulted from operations under the control. of .the City. • (Agenda Item K -5) A letter' was referred:to the City Motion x Manager from L. E. Myers,: 540' East Walnut Avenue, All Ayes Burbank, owner of property at 3510 -12 West Balboa Boulevard, requesting that a.studybe made.regarding,the "necessity of having the red:'stop'.light. on West Balboa Blvd. at 36th St. „ running, continuously through, the sleep- ing hours. of the night." ..(Agenda Item K -6)j A letter was ordered filed.from W. A. Motion x Coleman,; 324 Morning Canyon Road, Corona del Mar,. to All Ayes Mayor Stoddard, protesting the County Assessor's in- creased- assessments. ...(A.genda Item K -7), A letter was pres.ented.from Robert A. Buerrosse, representative for Rod's Liquor Store, 2043 Westcliff, appealing, from. the decision of the Planning Commission denying a .second proposed 30x14; sign. in a C -N Zone. (Variance No. 654) The.matter was set.for public hearing, on July 24„ .1961. Motion . x All Ayes i. (Agenda Item I -5); A letter from the Parks, Beaches and Recreation Commission recommending. execution: of an L agreement for relocation. of palm .trees. on Newport Boulevard,, was presented. Resolution No. 5457,, authorizing -the execution. of an agreement, between. the City and Richards Market Corpo- Motion x ration regarding the relocation- of palm trees -on Newport Roll Call: Boulevard, was adopted. Ayes x x x x .x i. .(Agenda. Item K -8) A request from Doyle Lynn to have a portable, stand. on the, beach at 510 South. Bay Front, Balboa.Island, from 10:00 A.M. to 6:00 P.M. each..day in the summer season for the purpose.of renting. paddle- Motion x boards,, was.referred, to the City Manager. All Ayes F. (Agenda Item K -9) A letter -from, Henry Schaefer, Jr., Attorney.at Law, and. a- petition signed by 50 property owners- on Harbor :Island,, requesting that consideration be, given to the repair of the bridge leading, to, Harbor ,Island, were .ref erred, to the City Manager and City At- Motion torney for report and, recommendations. All Ayes 3. (Agenda K -10) A letter from Attorney'Ralph M. Myers, Jr.. appealing .from the. decision of the Planning Com- mission- denying Amendment Application No.. 112.of Otto E. and Marie. Johnson.for permission to rezone Lots. 19 and 21, Block- 535, Corona. del Mar, from an R -2 Dis- trict to a C -1 -H District, was presented. The, matter was set for public hearing on August 14, Motion 1961. Al Ayes ATTEST: ayor Page 7 Citj: Cleric k"� 110 Amend= bients CA 102 • resoi CA 53 Motor Vehic Fees CA 58 • Muni- cipal Steps public bldgs. CA 55 Letters re in- valua- tions (Jul 30.1 61 CA 11 CITY OF NEWPORT BEACH Page;8 - Volume.-.15 COUNCILMEN v F Y a a m O z a NiP �Z n O o. The.following,Budget Amendments were approved: Motion x All Ayes ,(a) (Agenda:Item L -1), No.. C -1, in the. amount of $9654 ,(net increase), being an increase in Budget Appropri- ations. in .the. amount of .$12., 871:.24, from Unappropri- ated Surplus, Oeneral,.to General Service Streets, Land, Improvements -Fifth Avenue Improvement and an increase, in Revenue Estimates. from Donations and Co tributions, - _Irvine Company,. in. the amount of $3217. 24; .for .improvement of Fifth Avenue- between Dahlia Avenue and Iris Avenue. (b) (Agenda -Item L -Z) No. C -2, being. an increase in Budget Appropriations .in the amount of $36, 260.. from Unappropriated Surplus - Water Fund,; to Land Im- provements, Temporary Booster Pump Station; and an increase. in Estimated Revenue. of $40., 260 (,$9700: from School District and $30., 560,from _Irvine Co.); net,in- crease -in Unappropriated Surplus $4000. O,The_ following communications were ordered filed: Motion x All Ayes ,(a),(Ag.enda Item N -1) Copy of a resolution adopted by the _on City Council. of the City of Anaheim requesting that the League of California,Cities of Orange County make.a ..study and comparison of the relative cost to the Count of Orange: of providing County, services to incorporate cities and unincorporated areas in Orange County. ,(b),(Agenda.Item N -2) Summary of apportionment of Moto Vehicle License. fees. for the period June 1, 1960„ to May 31„ 1961; and Motor Vehicle, License. fee appor- tionment.to cities.for the period December 1,, 1960, through May 31,, 1961, indicating the -share of Newport Beach to be $1Z7, 637.84, less April advance payment of $96, 80 1,. net June payment $30, 836. 84. (c) (Agenda.Item N -3) Notice,from American Municipal Association.that.,the: 1961 Municipal Congress, will meet in Seattle, August 26 through. 30. (d),(Agenda.Item N-4) Memorandum from the League of California Cities, for attention of the Council,; recom- mending that steps - leading to, and from public building be marked. with a.dark:border to indicate, where. one step ends. and the next. begins. I..The following letters. were authorized_ to be sent over. the Motion x signature-of Mayor James B. Stoddard:;. letter to County All Ayes Assessor Hugh. J. Plumb,, and a letter to the Honorable Board.of Supervisors, regarding the - .large increase in edassessed. valuation- of properties.in Newport Beach. 07 Che meeting was adjourned at O :B$ P. M� J 7,, 1961, Motion x 3 7:3 0 P. M. All Ayes ATTEST: City Clerk Page 8