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HomeMy WebLinkAbout01/08/1962 - Regular MeetingIndex R 5534 Tribute to Braden Finch CA 83 0 R 5535 Commend NH -CM Board of Realtors CA 83 CITY OF NEWPORT BEACH , Page. 124 - Volume- 15 Minutes.of REGULAR MEETING OF THE CITY COUNCIL Date -of Meeting: January 8, 1962 Time. of Meeting: . 7:30 P.M. COUNCILMEN 0 Place: of meeting: Councaa %,namoere Roll Call: Present x x x x x x_x On motion-of Councilman Lorenz,. Resolution No. 5534,. pay Motion x ing,.tribute. to -the. memory of Braden, Finch, w.ith:the.- instruc Roll Call- tion.•that Mayor Stoddard present it,, was, unanimously Ayes x.x. .x x-x x adopted. The Clerk_was.requested.to read-said Resolution, which_ is, quoted in ,its, entirety,: as:follows: 11 WHEREAS, the Council of..the City, of Newport Beach has been saddened to learn of the death of Mr. Braden Finch; and "WHEREAS, Mr. Finch served the City of Newport Beach .as. a Councilman. from April 18„ 1950. to April 20,. 1954; and - 'IWHEREAS, Mr. Finch.has: been- active as a -civic leader and outstanding, business. executive. for many years._in our community, and has been nationally recognized. as, one- of the foremost breeders of afghan. hounds; and. among rhis activities,: has, served. as Foreman of the Orange County Grand Jury,. as President of. the, Newport Harbor Cha:nbe of Commerce, as President of .the Corona del Mar Chamber of Commerce;: and. as President of the- Corona del Mar Civic Association; "NOW, THEREFORE, BE IT RESOLVED, that- the -mem- bers of the City Council of the City of Newport Beach, fo and on. behalf of. its. citizens• and themselves,, do hereby pay .tribute, to. the. memory of Braden Finch. and express appreciation_ for. his, excellent and valued. services, to the City;. "BE. IT FURTHER RESOLVED,. that this resolution:.be entered..in. the- minutes. of the City Council meeting of :this date. and:that a. copy be. delivered.to Mrs. Braden-Finch.' Councilman Hart presented Resolution No. 5535, and the Clerk.. read. said Resolution„ which is quofedAn_its_ entirety, as follows: "A RESOLUTION OF THE CITY - COUNCIL OF THE CITY .OF NEWPORT BEACH COMMENDING THE NEWPORT HARBOR -COSTA MESA BOARD OF REALTORS "WHEREAS, The California. Real Estate Association annually conducts an Achievement Book Contest to en- courage,a permanent record of the accomplishments. of .local Real Estate Boards; and "WHEREAS,. the Newport Harbor -Costa Mesa Board of Realtors,, in. open - competition. with_ 37 entrants„ has. won .the California Real Estate Association Perpetual Award for Education and Professional dvanrement , together with possession_ of..the.massive_ lver..trophy de ti achievement; and r9 / ATTEST: Mayor Page 124 C'tv C1 rk Index January 8 1962 41 NH -( Boas Rea: CA I I� L. Wil App Var CA CITY OF NEWPORT BEACH COUNCILMEN Page. 1.25 - Volume, 15 O \nri8 A NPr �7 xi tA x "WHEREAS,. -the Newport Harbor -Costa Mesa- Board.of Realtors: has adopted and enforced a Board Policy. of M using,no For Sale signs -on -any residential property, 'd of thereby eliminating,.the, unsightly use. of For Sale. signs .tors 13 in all residential. areas; "NOW, THEREFORE, BE IT RESOLVED by the City Council of .the City of Newport Beach,.that the- Newport Harbor -Costa Mesa-Real Estate Board be, and_it is here by,. - formally commended for.. -its. exceptional achievement and this, Council hereby expresses. its _appreciation. of the contribution - of,theReal Estate Board.to.the:advance- ment of the City of Newport Beach.. " Resolution No. 5535 was, unanimously adopted. Mayor Motion x Stoddard stated: that .the -Board of Realtors has, given the Roll Call: City. expert and. free. advice. on the. value- of the City's. real Ayes x. x, .x- X. estate, a,service. very much appreciated. Mrs. Katherine Olson, President of.the Newport Harbor-:Costa Mesa Board of Realtors,: spoke. from.the.audience, acknowledging the commendation. The. reading of the Minutes. of December 26, 1961, was waived,. -the Minutes. were, approved as written and ordered Motion x filed: Ayes x x:x x HEARINGS: Lson 1. ,(Agenda Item E -1) Mayor Stoddard opened .the continued :al hearing, regarding,the- appeal of Murton H. Willson from 670 L3 the decision of the Planning Commission denying.Appli- cation1or Variance No. 670, for permission to, retain a zero setback. on..the property line, adjacent. to Hazel Drive, Lot 8, Block A, Tract 673, Zone-R -1„ 336 Poppy Avenue, Corona, del Mar. The - findings. of the Planning Commis - sion..were.presented. Mr. Willson spoke from the audience: and exhibited a plan depicting, the, and the structure. as. presently encroaching, on City property. Mrs. Tevis Westgate, who.had previously opposed „the structure.onAhe. property, spoke. from the. audience,, sub stantiating -'her statements, as, read by Mr. Willson,; that .she no - longer objected. to ,the- Variance -.if certain_ changes in the, structure, agreed to by Mr. Willson, were. made. The: hearing, was closed. Motion x Ayes X.X x x. It was.-brought out -that it appears that other property owners. encroach on City property and. that ;the_finding,of the- Commission.that .all other houses- on_the- northwest side of Hazel are.set back from the, property:line.five feet is; incorrect. The City Manager was instructed to Motion x have the Planning Department make a, study, of the con- Ayes x x x x ditions. on,Hazel between Coast Highway and Poppy with respect to setback and. "unuse" of street right of way, i and submit a report to the C ncil after .the. u / (� complete.�� / <4 1 \ ) �( ATTEST: Mao a.+ ity Jerk page 125 xi tA x Index Elder Appeal Use Per 793 CA 49 • Vogel Appeal Amndmnt f127 CA 10 • CITY OF NEWPORT BEACH Page 126 - Volume. 15 COUNCILMEN F 9� C K C, r Ix The Planning. Commission_ was. overruled, and Variance Motion x No' ': 670 was granted. with:the.provision, that Mr. Willson's Ayes x x x x sketch "be. made a part of the- granting.of. the Variance and Noes x the modifications: be done as. shown -on, the. sketch. The Building Department was.instructed not to require Motion x the, removal of the porch. now extending, into the.right of Ayes x x x x x way until the-survey by.the Planning Department has bee completed. 2. (Agenda Item E -2) Mayor Stoddard.opened the. public hearing, regarding the appeal of Mrs. Donald E. Elder from the" decision.. of the Planning Commission. condition- ally granting-the 'City of Newport Beach.an Application for Use Permit No. 793 to establish a parking lot, park .and playground;oceanward, between A and B Streets, Balboa, Zone "R -1. The findings. of the Planning Com- mission. were presented. Attorney Gerald Brown„ repre senting Mr. and Mrs. Forrest Hart, Mr. and Mrs. P. J. Wilson, Mrs. Emma -C. T. Elliott, Mr. and Mrs. W. L. Sanger, and Mr. and Mrs. Donald E. Elder, spoke from the audience. opposing, the granting,.of Use Permit No. 793. Mr. George Mauser„ representing,.the Balboa Peninsula Point Association, Mrs. Kelly, Mr. Harold Glass, Mrs. Marion MacDonald, Mr. John -Vogel and Mrs. Goldie Joseph, spoke from the audience .in favor of the proposed playground. Mr. Frank Paulas, Mrs. Browning, Donald Elder 'and Mrs. Elliott spoke: opposing: the location- of.the proposed - playground. The hearing, was. closed. Motion x Ayes x x. x x x.: Parks, Beaches. and: Recreation Director Calvin Stewart described the proposed plans. for Balboa Pier Park Addi- tion as. depicted on the preliminary drawings. and on Balboa Pier Park Addition Drawing No. S- 5003 -P. Councilman, Somers. made. a motion that the Council con - cur.in.. the decision of the PlanningCommission..in ap- proving Application for Use Permit No. 793. Council - man, Cook. commented, that he.would.prefer to put-the park - at.the. end. of G Street. Councilman Somers' motion Motion x carried. unanimously. Ayes X.X x x x 3. (Agenda :Item E -3) Mayor Stoddard.opened , the. public hearing. regarding, the appeal of John Vogel from the de- cision. of the Planning Commission denying Application for Amendment No. 127,• to amend District Map No. 5, rezoning Parcels -A and B, and a portion. of Lot D, Tract 919, located on northwest corner of Riverside and Avon Streets, from an R =3 to a C -1 -H District. The.findings of the Planning Commission-were presented. Attorney Galvin R. Keene, representing..Applicants John Vogel and Walter Geldert, spoke. from the audience. The following, people. participated. in the discussion: Mr. Jo Vogel, Chairman of the Planni g.GO? mission Alvan Clemente. T T ES T: May City Jerk Page 126 C K C, r Ix Index January 8,, 1%2 • • Ord 986 Rezone CA 10 • Ord 981 Electri( CA 57 • CITY OF NEWPORT BEACH Page. 127 - Volume. 15 Mayor Stoddard declared. a Recess for a Personnel matter. The Council reconvened. with. all members. present. The hearing,.in. regard. to •the Application for Amendment No. 127 continued. Mrs. Grace Campbell,. representing other property owners and herself, and Mrs. Donald D. McCallum spoke from the audience. opposing the. propose rezoning. The . he.aring,was - closed. Councilman Kingsley made a motion, to overrule, the,find- ings. of the Planning Commission and to allow the, rezon- ing. Planning Director J. W. Drawdy, Planning.Commii Sion Chairman Alvan Clemence, Attorney Keene, and Mr. John Vogel spoke, from the audience. Councilman Kingsley' 9, motion carried. 4. (Agenda-Item E -4) Mayor Stoddard_opened:the public hearing, regarding Ordinance. No. 986„ being AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMEND- ING DISTRICT MAP NO. 11, rezoning; Lots. 1 and 2. and Lots- 9 through _16. of Block 10, Balboa Tract, from C -1. to C -1 -Z; and southeasterly .135 .feet of Block. "D ", Balboa. Tract, from R -1. to Unclassi -fied; Planning Commission Amendment No. 128. No one .desired to speak from the. audience. The hearing was . closed. Ordinance-No..986 was.adopted. S. (Agenda Item E -5) Mayor Stoddard. opened the public . hearing ,regarding .Ordinance No. 981„ being AN ORDINANCE OF THE CITY OF NEWPORT BEACH REGULATING ELECTRICAL INSTALLA- TIONS,AND WIRING AND THE USE OF ELEC- TRIC MATERIALS, DEVICES, APPLIANCES, FITTINGS AND EQUIPMENT; REQUIRING CER- TIFICATES.OF COMPETENCY FOR MAINTEN- ANCE ELECTRICIANS; PROVIDING FOR A BOARD OF ELECTRICIANS; AND PROVIDING FOR THE ISSUANCE OF PERMITS..AND FOR THE COLLECTION OF FEES THEREFOR Councilman � Lorenz . made, a motion that ,the- hearing, be continued to the. next Council meeting. Alvan- Clemence, Fred MacGregor and Ed Murrison spoke. from the audience-in. favor of rigid tubing. Mr. C. B. Knicker- bocker.spoke from the audience: in favor of Romex. Councilman Lorenz' motion 5,arried unanimously. TTEST: 127 Giy C tlerk _��_ _ Page COUNCILMEN Motion Ayes Motion Ayes Noes Motion x Roll Call: Ayes x.x x Motion Roll Call: Ayes Motion R 11 Call: �pyes x Index January 8, �. . (Agenda ing reg: Ord 982 Electri al CA 57 Annex #49 CA 109 A•49 Master Land U Plan CA 128 Villa One CA 26 Newman req CA 26 40 City owned propert CA 14 CA 60 Munic: Elect CA 76 The hea ;ONTINUI (Agenda propose Annexai "Annex; meeting (Agenda the Ma: pending The Iry Commi (Agenda dated J; .Inc. foz was pre Chandle G. Schl quested spoke f: sion ma of circt the sati The re( fund of No. 81; ;URRENT (Agenda garding inclusil Beach, men Ha (Agend<- regardi 1962 G( CITY OF NEWPORT BEACH Page 128 - Volume 15 nto COUNCILMEN K X x Item E -6) Mayor Stoddard opened the public hear Lrding,Ordinance No. 982, being kN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING CHAPTER 3 OF ARTICLE VIII OF THE NEWPORT BEACH MUNICIPAL CODE ENTITLED "ELECTRICAL CODE" AND ADOPTING A NEW CHAPTER 3 OF ARTICLE VIII OF SAID CODE ALSO ENTITLED 'ELECTRICAL CODE" TO ESTABLISH REGULA- TIONS FOR ELECTRICAL AND WIRING INSTAL- LATIONS IN THE CITY ring,was continued to the next Council meeting. Motion x Roll Call: ;D BUSINESS: Ayes x x x x x Item H -1) Consideration of the petition for the d annexation known as "Annexation No. 49" (Mode ion), and the two petitions for areas adjacent to ttion No. 49 ", was continued to the next Council Attorney Alex Bowie spoke from the audience. Item H -2) Consideration of the Amendments to ter Land Use Plan, held over from December 26 the coordination of the Planning Commission and ine Company maps, and the review by the Planning ision of the map, was continued. Item H -3) The report from the City Attorney, muary 5, 1962, regarding the request of Villa One, waiver of necessity for recording a tract map, sented. A discussion ensued. Mr. Odra L. r, on behalf of Villa One, Inc., Attorney Charles egel, and Mr. Robert E. Newman, who had re- a "vacation of access rights ", in subject vicinity, .-om the audience. The requirement of the subdivi- p was waived with the provision that the problem Motion x lation, or the need of an alley, can be solved to Ayes x x x sfaction of the Public Works Department. Noes x x ommendation of the Planning. Commission for re- filing fee of $500 to Villa One, Inc. for Use Permit for planned residential, was authorized. Motion x Ayes x x x x x BUSINESS: Item I- 1) A report from the City Attorney re- ownership of the southerly 16 feet of Lots 14 to 30 ,e, Block 530 of Lancaster's Addition to Newport was referred to a Committee comprised of Council- Motion x rt and Somers. Ayes xxxx x . Item I -2) A memorandum from the City Attorney ng proposed Charter endments for April 10, neral Municipal Electi n, was present d. rTh� / Mayor ;ity Jerk ........ _ ..... ......:...:.._.:..:......._.;:: Page128. K X x Index R 5536 CYC wal: CA 49 C -783 Admin. Activit, Rpt REPORTS Balboa Pier Pk CA 49 C -780 • R 5537 C -780 R 5538 Vacati CA 14 Licenses CA 63 • • CITY OF NEWPORT BEACH COUNCILMEN Page_ 129 - Volume 15 January 8„ 1962 ,proposed Amendment to Section 415. of the Charter, as -proposed by the City Attorney,. was approved .(for prep- aration for submission to .the. voters at..the April 10 election) . 3. (Agenda Item I -3) Resolution No. 5536, authorizing -the execution. of an agreement with..the Community Youth Center of Newport Harbor for the construction of a re- taining,wall, was adopted. 4. (Agenda Item I -4) The .1960 -61 Administrative Acti Report of the City Manager was_ received. 5. (Agenda Item I -5); The report from .the City Manager anc Public Works Director regarding..the receipt of six bids received.by_ the City Clerk - on, January 4,. 1962, for the construction- of.the Balboa Pier Park Addition,, was pre- sented. Resolution No. 5537, authorizing the Mayor and City Clerk to execute a contract with B. C. Grow at the.-con- tract price. of $20, 391. for the construction of the Balboa Pier' Park Addition, was. adopted. 6. (Agenda Item I -6) Resolution No. 5538, (rescinding Resolution No. 5527),ordering, the closing. up, vacation and _abandonment of a ,portion- of an alley in Block 2 of Seashore Colony Tract, was adopted. APPLICATIONS. FOR LICENSE: (Agenda -Items .J -I -1„ 2, 3) The following Applications for License were approved: 1. Robert M. Baker, dba Evans Catering, 605 E. Alton Street, Santa Ana, for additional location portable food stand at Ford Aeronutronic,. servicing, workers -of Hensco,: at construction. site. 2. Exempt, Lillian A. Beaumont, representing Field En- terprises,Educational Corp. of Chicago,; 144 E. 20th Street, Costa Mesa, house -to- house.. soliciting. sale of encyclopedias, World Book-and Childcraft, educational material. 3. ]Exempt, Joseph G. Catanich, Executive Director, Dia- betes Association of Southern California, _Inc. , 2007 Wilshire Boulevard, Los Angeles 57, Calif.,, house -to- house soliciting; funds. are. to be. used for. -the Detection Drive, a. summer camp for diabetic children, an infor- mation. and referral service, and a. re search .program into the- -basic causes, of diabetes;, drive to be conducted January 13 to 22,. 1962; appr,,pximately .15- 20nsolicitors. TTEST: City Page 129 Motion Ayes Motion Roll Call: Ayes Motion Ayes Motion Roll Call: Ayes Motion Roll Call: Ayes Motion Ayes 2 O O � x xlx X Index •- Pier Permits CA 130 • Higbie Appeal Var 674 CA 13 • CITY OF NEWPORT BEACH Page 130 - Volume 15 January: 8, 1962 APPLICATIONS FOR PIER PERMITS: (Agenda Items J -II) , The following Applications.for- =Pier Permits, as recommended for approval by the Joint Haz Committee at its. meeting. held January 2,. 1962, were .approved. 1. A -1255 - Joe Crail #12 Bay Island Bayward of #12 Bay.Island Application-to add to existing float and add to existing groin. Z. A- .1256. - Balboa Boat Rentals 705 Edgewater Ave., Balboa Bayward of Lots 1, 2, and 3, Block 9, Bayfront Tract Application to construct 90 feet of seawall, 10 feet. of groin and.18.feet of return wall. The:.following Pier Permit Transfers, as. recommended for approval by.the Joint Harbor Committee at its. meeting,held January 2„ 1962,; were. approved: 1. A -1083 - 111 Edgewater, Balboa Hayward of Lot 37, Subdivision. of Block A, East Newport Transfer pier and slip. from Kenneth G. and Katherine C. Graham to James H. and Beve W. Maul. 2. A -213 - 3606 Marcus Avenue, Newport Beach Bayward of Lot 4 and 1/2. of Lot 3, Block 336, Canal Section Transfer pier and float from Cameron W. Wat and Eunice U. Watt to Arthur N. Whizin. and Shirley Whizin. The Application for Pier Permit A -1239 of B. D. Lowe, 129 North Bay Front, Bayward. of Lots. 7 and. 8, Block: 2, Section 1, Balboa Island, Application to construct new slip, recommended. for denial by the Joint Harbor Committee on January 2, 1962, was.denied. COMMUNICATIONS - REFERRALS: 1. (Agenda Item K -1) The appeal of Richard A. Higbie .from the. decision. of the Planning Commission denying Application for Variance No. 674, for - three: inch column to encroach one foot into. a. side yard. setback for the purpose of supporting,a.carport; Lot 18, Block.433, Zone R +2„ 436 Fernleaf, Corona. del Mar, was. set. for hearing, on January 22,, .19624 n _ TTEST: Page 130 Motion Ayes Motion Ayes Motion Ayes COUNCILMEN ZAO n' Zn0 m 3 N pOO N N 1 y F O CITY OF NEWPORT BEACH Page. 131 - Volume. 15 Index January 8— 1962_ Z. (Agenda Item K -2) , A Summons and Complaint in Orange C•ler & County Superior Court Action•No. 100866,: Ray'Cabler Pitts vs and Frances Pitts, Plaintiffs, vs. City of Newport Beach City Defendant, served. on the, City Clerk on December 28, CA 84 ..1961, regarding the, accident which.occured on April 29, 1961, when Plaintiff's. motorcycle struck.a chain erected across-the Iris Avenue ramp toAhe Corona.del Mar State and City Beach Park, was. presented. The City Clerk's referral. of the Summons and Complaint to the insurance carriers, was. confirmed. BUDGET AMENDMENT: Budget (Agenda.Item L -1) The following Budget Amendment was Amendmen approved: CA 102 1, No. C -39, .transferring from Cash Unappropriated Sur- ,plus General to Cash Unappropriated Surplus Gas Tax, $1, 223.97; to return -to Gas Tax Fund -the difference:be- tween. -the maintenance, cost. of $31, 059. 97,, .transferred ,at the close- of.the 1960- 61.fiscal period, and $29,836.00 as budgeted in -the State "Division.of Highways agreement. COMMUNICATIONS - ADVISORY: ,(Agenda,ltems, N -1, 2, 3, 4(a) and 4(b)) The following communications, were. ordered filed: Request Police 1. Letter from Leroy E. Fay, a resident in China Cove, Protection Corona.del Mar, requesting, police protection. CA 39 Motor Ve 2. Summary of Apportionments. of Motor Vehicle License Licenses Fees for .the. period June 1, 1961. through November 30, CA 58 1961,, indicating. Newport Beach.share.to be $9, 992. 06. • 3. Excerpt from the Minutes of a, meeting held December Zi Newport .1961-by the Board.of Supervisors of Orange County, re- Towers garding; the continuance- of the. consideration_ of the New- C-533 port Towers lease to January 3„ 1962. ABC 4. Copies. of Applications for Alcoholic Beverage Control Licenses Licenses: CA 156 (a) New on-sale-beer, Edward S. White, 496 North Newport Boulevard. (b) (1) Person. to Person Transfer of off -sale beer an .wine. license, Margaret T. and William M. Vincent, "Vincent's Market ",, 7100 Coast Highway; (2) Person-to Person Transfer of on -sale beer: license (dropping one partner ani adding, another) Kwock <Y. Gee, Wah Chong Wong, and Harry Yee, "Chines asi 1.11 Main Street, boa . C� Page 131 Motion Ayes Motion Ayes Motion Ayes COUNCILMEN E3 Index • Lorenz request absence CA 91 11 • CITY OF NEWPORT BEACH Page. 132, - Volume.. 15 January 8. -1962 Councilman' Lorenz' request for permission. to be absent from the Country from February, 9. -th March 9 was granted. The, meeting, was.adjourned.at 11:30 P. M.. to January 15, 1962. at: 7:30 P. M. kT.TEST: IV\a____.. 0 . _ Page .132 Motion Ayes Motion Ayes COUNCILMEN