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HomeMy WebLinkAbout03/28/1960 - Regular MeetingIndex 0 rc re ing adc CA- C ou mem sup ing sch iss 0 W N Ass ing for Fla CA- Law enf men Isl CA- F_ 1 LJ Prol Chaff Amei CA CITY OF NEWPORT BEACH Page 184 - Volume 13 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: March 28, 1960 Time of Meeting: 7 :30 P.M. Place of Meeting Council Chambers COUNCILMEN p N N� 2 fT O 40 Roll Call: Present x x x x x x x The reading of the minutes of March 14, 1960, was waived, the minutes were approved as written and Motion ordered filed. All Ayes HEARINGS: 1. (Agenda Item E -1) Ordinance No. 916, being 916 AN ORDINANCE OF THE CITY OF NEWPORT BEACH rezo - REZONING PROPERTY AND AMENDING DISTRICT MAP pro pt NO. 8, pted 10 rezoning Lots 23 to 30, inclusive, and the westerly 17.74' of Lot 22, Block 530, Lancaster Addition, located at 500 -516 - 32d Street, Newport Beach, from a C -1 to an Unclassified District; Planning Commission Amendment No. 75; was presented for second reading. I Mayor Stoddard declared the hearing open. No one desired to speak from the audience. The Motion x hearing was closed. All Ayes The second reading of said ordinance was Motion x waived and Ordinance No. 916 was adopted. Roll Call: Ayes xx x x x Mayor Stoddard stated that members of the Council ncil individually had requested that he announce that, bers as individuals, each of them was endorsing and port voting yes on the propositions on the Elementary t :. School District, High School District ballots, in ool the forthcoming election in April. ues COMMUNICATIONS: 1. (Agenda Item F -1) A letter was presented from L. C. Newman, President of the West Newport Improvement Association, stating that "Through subscriptions to the Ensign paper, with the cooperation of the Editor Mr. Haapa and the West Newport Improvement Association, we are Pt I pr donating one hundred dollars. This donation is n do at- to be used for Channel Place Park, for equip- $100 ment and supplies." Channel ce Park The donation was accepted, and Mayor Stoddard Motion b9 was requested to reply, expressing the All Ayes appreciation of the Council. 2. (Agenda Item F -2) A letter was presented from 3rce Milton Leroy Stannard, Jr., Balboa Island, re- t Balboa questing enforcement of laws by citation or and arrest, and not by warning, and that the pro - 74 posed traffic control at the bridge be instigated. Said letter was ordered filed with other Motion x communications on the subject. All Ayes 3. (Agenda Item F -3) A letter was ordered filed Motion x from Mrs. Carl Schmuck requesting information All Ayes )osed regarding the proposed Garter Amendments a -ter reply having been sent U�fb Mrs. Sc�i / tdme is f8 ATTEST: C1tY eY --. Page 84OY Index 0 Req am ment S ming P Ord. CA -164 Req Rhine aband ment CA -14 Var. 594 CA -13 0 ABC lic CA -63 Licenses appr CA -63 0 CITY OF NEWPORT BEACH COUNCILMEN Page 185 - Volume 13 (March 28, 1960) 44 (Agenda Item F -4) The request of Robert E. Marckmann for an amendment to the swimming pool ordinance, was presented. The request was ordered filed, and the City Manager was instructed to submit a report. 5. (Agenda Item F -5) A letter was presented from Rom & Cola, Inc., requesting steps be taken to abandon a dead -end right of way adjacent to 31st Street, known as "Rhine Place." The City Manager was instructed to have a map prepared to show the ownership of surrounding properties, and to report back to the Council. 6. (Agenda Item F -6) A letter from Guy E. Inshaw, appealing from the decision of the Planning Commission denying Application for Variance No. 594, was presented, and the matter was set for public hearing on April 11, 1960. 7. (Agenda Item F -7) A copy of an Application for Alcoholic Beverage License, new off -sale beer and wine, Forest Howard and Violet G. Howard, Howard's Market, 7100 Coast Highway, Newport Beach, was ordered filed. APPLICATIONS FOR LICENSE: 1. (Agenda Item G -1) The Application for Exempt License of George V. McKinney, General Secretar, Newport Harbor Young Men's Christian Associatioi 320 North Newport Boulevard, Newport Beach, house -to -house solicitation of residences and business establishments for the sale of peanuts, raising funds to help youths in camps; drive to be held from May 11, 1960, through June 15, 1960, was presented. Said license was approved 2. The following Applications for License were approved: (Agenda Items G -2, 3, 4, 5, 6, 7, 8) (a) Exempt, Eugene W. Gillespie, Quartermaster, VFW Post 3536 Costa Mesa, street soliciting of donations for VFW poppies on May 20 and 21, 196 . (b) Roger B. and Florence Jolly, dba Jolly's Tap Room, 700 East Bay, Balboa, on -sale beer and wine only. (c) Albert C. Reese, President, The Beach Boy, 353 East Coast Highway, Newport Beach, adding on -sale alcoholic beverage to existing restaurant license. (d) Harry Duensing, dba Newport - Balboa Music Company, Balboa, transfer of 2 skill games (1 pool table and 1 bowler game) from The Mariners, to the "Risky Dink" Ice Cream Parlor, 115 Main Street, Balboa. Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes (e) Exempt, William J. Griffith, President, Orange County Branch of American...Cancer Society, 848 North Birch, Santa An to conduct 1h e ATTEST: t�J, N 5 'Mayor min G sty L;4erk L page 185 Ix CITY OF NEWPORT BEACH Page 186 - Volume 13 Index (March 28. 1960) • American Cancer Society Crusade on a neighbor- to-neighbor basis. Volunteer workers will star collection envelopes in each block and ask that they be passed from neighbor to neighbor. The drive is to be conducted from April 12, 1960, through April 30, 1960. Licens cont. R 5192 awardin contr f concess CdM Sta Beach t Tosh Br CA -49 • R 5193 re park CdM Sta Beach CA -49 zation entranc to CdM State B CA -104 0 (f) Bill Lewis, Bill's Lunch Truck, Midway City Trailer Park, Midway City, portable food stand to serve Haas & Haynie Corporation construction job at Ford Aeronutronics; letter requesting said service. (g) Dan Hooper, representing Tri- County Cateri 11561 Annabelle, Garden Grove, portable food stand, to add construction job located at Eton Place and Harrow Place, Westcliff; letter re- questing said service. ADDITIONAL BUSINESS: 1. (Agenda Item H -1) Mayor Stoddard requested the report of the Evaluation Committee regarding t proposals received by the City Clerk on March 10, 1960, for the concession at the Corona del C Mar State and City Beach Park. Mr. G. Mark Engelke, Chairman of the Evaluation Committee, announced that after a review of the proposals received, it was the recommendation of the Committee that the contract be awarded to Tosh Bros. Resolution No. 5192, being a resolution of the City Council of the City of Newport Beach awarding the concession and authorizing the execution of a contract for the operation of said concession at Corona del Mar State and City Beach Park to Tosh Bros., was adopted. The Evaluation Committee was commended, and the City Manager was instructed to write Mr. John Macintosh and Mr. James Edwards and thank them for their capable assistance as members of the Evaluation Committee. 2. (Agenda Item H -2) Resolution No. 5193, being a ig resolution of the City Council of the City of Newport Beach providing for the operation of parking facilities at the Corona del Mar State and City Beach Park, and providing for the charging of parking fees therefor, was adopted. 3. (Agenda Item H -3) In accordance with the recom- mendations of the City Manager and the Public Works Director, the City Clerk was authorized to advertise for bids to be received in her office on April 21, 1960, at 10:00 A.M. for construction of traffic channelization improve- ments at the approach to Corona del Mar State and City Beach. Mr. William Schworer spore from the audience. ATTEST: Page 186 COUNCILMEN Motion x oll Call: Ayes xxxxxx Motion x All Ayes Motion 11 Call: Ayes Motion All Ayes x Index Report Marine Ave traffic circle R 5194 deed of right -o way All bid rejecte C429 Ltr /Bal Isl Imp Assn ex apprec CA -74 CITY OF NEWPORT BEACH Page 187 - Volume 13 (March 28, 1960) 4. (agenda Item H -4) Reconsideration was given to the report and recommendations of the City Manager and Public Works Director regarding the 1 receipt and opening of three bids by the City Clerk on March 10, 1960, for the construction o: the Marine Avenue traffic circle, the matter having been held over from the meeting of March 142 1960, and the City Manager and Public Works Director having been directed to prepare alter- nate plans of a temporary nature which can be implemented immediately. Shelby. 15. Ri'toon%ji tion-•coi 4 -11 =60 CA -81 0 Vacatioi of alle, 6500 W. Coast Highway CA -14 30th St 'A sess V-Dist CA -29 Resolution No. 5194, being a resolution of the City Council of the City of Newport Beach, accepting a deed of right of way from The Irvi Company, granting an easement for public road purposes, was adopted. Councilman Somers made a motion to reject all the bids received for the construction of the traffic circle on Marine Avenue. Marvin Johnson, President of the Balboa Island Improvement Association, read a letter from sa Association, addressed to Mayor Stoddard, ex- pressing appreciation for successful law en- forcement efforts over the past week end. A vote was taken on Councilman Somers' motion, which carried unanimously. (Agenda Item H -5) The matter of a resolution setting forth the findings and decision, re- garding the proposed condemnation of propert owned by the Estate of Shelby R. Coon, Incom tent, located at 205 Agate Avenue, Balboa Is was continued for presentation on April 11, Melvin A. Hauge, Building Inspector spoke from the audience and stated that a demolition permit had been issued for the demolishing of subject buildings, and that the work had been commenced. 6. (Agenda Items H -6 (a), (b), (c), (d), (e)): ITEMS DIARIED FOR CONSIDERATION ON March 28: (a) A memorandum from the City Manager, dated March 24, 1960, regarding the request of Angelo L. and Thelma Redaelli for the vacation and abandonment of a 10' alley easement which cuts block long highway frontage of petitioners in half, 6500 West Coast Highway, was presented. The recommendation contained therein was that said proposed vacation be approved, but that the alley should not be vacated prior to the con- struction of the proposed street between Tract No. 772 and Seashore Colony Tract. The report of the City Manager was accepted. (b) The feasibility report from the City Mans, and Public Works Director, dated March 24, 19 regarding the formation of an Assessment Dis- trict for the improvement f 30th Stre ' ATTEST: irk Page 187 COUNCILMEN Motion ,11 Call: Ayes Motion All Ayes Motion All Ayes F O Motion ,11 Call: Ayes Motion All Ayes Motion All Ayes F Index • Las Ar Pk ten courts CA -49 Assoc ship dues CA -96 Ped crossin Riversi at Avon CA -118 Ord 915 re Harb( r gula- tion; A -70 • CITY OF NEWPORT BEACH Page 188 - Volume 13 (March 28, 1960) certain other streets and alleys, containing thi recommendations that the City Manager be in- structed to proceed with the project in order ti upgrade the area, and'the Public Works Director be authorized to conduct a poll of the property owners in the area to determine whether or not they are in favor of the proposed improvement, was presented. The report of the City Manager and Public Works Director was accepted and recommendations authorized. (c) Consideration of plans and specifications for construction of tennis courts at Las Arenas Park was continued for discussion on April 11, 1960. (d) The City Manager reported that his investi- ofgation of the matter of payment of membership dues for Councilmen in the Associated Chambers er -of Commerce of Orange County had revealed that some cities bear this expense for Councilmen am others do not. The report of the City Manager was approved, an. the Council directed that City funds not be ex- pended for membership dues in the Associated Chambers of Commerce of Orange.County. (e) The City Manager recommended that the re- quested pedestrian crossing on Riverside Drive near. Avon be painted, but that the painting be delayed until resurfacing is accomplished. The City Manager was directed to paint the pedestrian crossing. 7. (Agenda Item H -7) Ordinance No. 915, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING SECTION 10110 AND ADDING SECTIONS 10110 THROUGH 10110.8 TO THE NEWPORT BEACH MUNICIPAL CODE RELATING TO HARBOR REGULATIONS, eliminating the speed area from the generally east -west direction a short distance northerly of the highway bridge; establishing a new speed area in a generally north -south direction and lying northerly of the area of Newport Dunes; defining a limited ski area; establishing that the ski area shall be open at 9:00 A.M. until sunset, was presented for second reading. The City Attorney submitted proposed changes in sai4 ordinance. The changes, as submitted by the City Attorney by memorandum under date of March 28, 1960, were approved. Ordinance No. 915 will be considered for adoption at the next C*ncil meetirW,,.�-/- 'j AATTEST: i`1 a^"a, Page 188 COUNCILMEN Motion All Ayes Motion All Ayes Motion All Ayes Motion Roll Call Ayes CITY OF NEWPORT BEACH Page 189 - Volume 13 Index (March 28, 1960) 8. (Agenda Items H -8 (a), (b), (c), (d)) Consider - Bay ation of the assignment of the lease from Newpo Club is . Bay Company to Wrather Investment, Inc., was continued for discussion later in the evening. R 5195 9. (Agenda Item H -9) Resolution No. 5195, adopting re engr budget proposal for expenditure of funds allo- funds cated under Section 2107.5 of the Streets and CA -69 Highways Code (for the expenditure of the engi- neering allocation to the City, the master agreement for which fund was approved by the Council on February 23, 1960,) was adopted. Pier 10.(Agenda Item H -10) The City Manager reported tram that in addition to the original request of service Justin B. Zedaker for permission to operate a CA -124 tram service on Newport Pier, information had been received as to the type of tram Mr. Zedaker wished to operate, and letters and a petition, bearing approximately fifty signatu • in favor of Mr. Zedaker °s proposed services, been received. Mr. Zedaker spoke from the audience. COUNCILMEN Motion Roll Call Ayes After consideration of possible hazards and an ordinance prohibiting access to the Pier in this Motion manner, Mr. Zedaker °s request was denied. All Ayes R 5196 ll.(Agenda Items H -11 (a), (b)) Resolution No. 5196 rescind being a resolution of the City Council of the ing R 5188 City of Newport Beach, rescinding Resolution No. CA -12 5188, and authorizing the Mayor and City Clerk to execute a different contract on behalf of the City with The Irvine Company and Lockheed Aircraft Corporation, in which the parties agree to share the cost of the construction of a vault and appurtenant facilities in the West Orange County Metropolitan feeder along Palisades Road, was adopted. R 5197 Resolution No. 5197, being a resolution of the • re sale City Council of the City of Newport Beach os water authorizing the Mayor and City Clerk to execute 0/S city a contract for the sale of water for use in the CA -12 area outside the City bounded by MacArthur Road Palisades Road and San Joaquin Road, was adopted. Ord 917 12.(Agenda Item H -12) Ordinance No. 917, being re sale of watei AN ORDINANCE OF THE CITY OF NEWPORT BEACH introdu ed AMENDING SECTION 7241 OF THE NEWPORT BEACH CA -12 MUNICIPAL CODE AND ADDING SECTIONS 7241.1, 7241.2, 7243, AND 7244 TO SAID CODE, AND REPEALING ORDINANCES NUMBERED 292 AND 352 RELATING TO THE SALE OF WATER, was introduced. The first reading of said ordinance was waived and Ordinance No. 917 was passed to second reading Ar-7'__,'- • ATTEST: HA,a &11� S Page 189 Motion 11 Call: Ayes Motion 11 Call: Ayes Motion 11 Call: �es X CITY OF NEWPORT BEACH COUNCILMEN Page 190 - Volume 13 Index (March 28, 1960) - 13.(Agenda Item H -13) Ordinance No. 918, being Ord 918 AN ORDINANCE OF THE CITY OF NEWPORT BEACH intro r AMENDING SECTION 3102 OF THE NEWPORT BEACH Fire Zoe No. Two MUNICIPAL CODE RELATING TO FIRE ZONE NO. TWO, . CA -10 amending he Code to permit certain commercial CA -73 districts in Fire Zone Number Two, was intro- duced. The first reading of said ordinance was waived and Ordinance No. 918 was passed to second reading. R 5198 14.(Agenda Item H -14) Resolution No. 5198, ascer- re wage3 taining the prevailing rate of per diem wages pub wor s to be paid upon public works projects, was projecti adopted. CA -127 R 5199 15.(Agenda Item H -15) Resolution No. 5199, author - water izing the execution of a contract with The Corona Irvine Company under which the City will re- Ws ceive water from the water main extending along CA -1 State Highway for use in Corona Highlands, was C -66 adopted. R 5200 16.(Agenda Item H -16) Resolution No. 5200, Quitcla m accepting quitclaim deeds from The Irvine Deeds Company, Sunny- Homes, Inc., et al., for a one CA -23 foot strip along the highway at Tract No. 3519, was adopted. 17.(Agenda Items H -17 (a), (b)) BUDGET AMENDMENTS: Budget The following Budget Amendments were approved: Amendme is CA -102 (a) No. C -92, in the amount of $1000, being a transfer from Police, Rolling Equipment; to Police, Building Maintenance. (b) No. C -94, in the amount of $120, being a transfer of Budget Appropriations from Library, Books; to Building Maintenance; for painting driftwood finish of the Balboa Library. Republi 18 (Agenda Item H -18) A copy of an excerpt of the No. 3 minutes of the Boundary Commission regarding a Annexation proposed annexation of territory to the City of CA -108 Costa Mesa, "Republic No. 3 Annexation," was ordered filed. R 5201 Quitcl Deed CA -23 R 5202 re Bay 1 Ise •C 51! 19.Resolution No. 5201, being a resolution of the m City Council of the City of Newport Beach, accepting a quitclaim deed from Ernest Ulmer, Doris Ulmer, Maynard Ulmer and Bernice Ulmer, for Lot 28, Block 6, Tract No. 772, was adopted. (Said property is one of the lots being acquired by the City for proposed public street in Tract No. 772.) 20.(Agenda Items H -8 (a), (b), (c), (d)) ASSIGN - Lub MENT OF LEASE FROM NEWPORT BAY COMPANY TO WRATHER INVESTMENT, INC.: Resolution No. 5202 the lease with the ATTEST: an amendment of I Page 190 Motion 11 Call: Ayes Motion ,11 Call: Ayes E2 Motion x ,11 Call: Ayes x x x Motion 11 Call: Ayes Motion All Ayes Motion All Ayes Motion 11 Call: Ayes xlx Ea x X Index 0 R 5203 re Bay Club is C 519 R 5204 re Bay Club is C 519 R 5205 re Bay Club 1 C 519 Adj 0 0 CITY OF NEWPORT BEACH COUNCILMEN Page 191 - Volume 13 (March 28, 1960) increasing the minimum rental to $45,000 per Motion year, beginning April 1, 1960, and continuing Moll Call: for each calendar year thereafter, was adopted. Ayes Resolution No. 5203, authorizing the Mayor and Motion City Clerk to execute a consent to assignment Roll Call: to Wrather Investment, Inc., was adopted. Ayes x x x Resolution No. 5204, approving assignments of a leasehold estate by deeds of trust, and author- Motion izing the execution of a consent to such assign-Roll Call: ments, was adopted. Ayes x x s Resolution No. 5205, approving the assignment of a leasehold estate by deed of trust, and author- izing the execution of a consent to such assign- ment, was adopted. 21.The meeting was adjourned. ATTEST: CAA 4 aA^ IS Page 191 Motion ill Call: Ayes x x x Motion All Ayes x