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Home My WebLink About02/23/1960 - Regular MeetingIndex J Clark Moore Var. 5E Pub hrg CA -14 0 0 Ord. 91 re zoni CA -10 0 CITY OF NEWPORT BEACH Page 159 - Volume 13 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: February 23, 1960 Time of Meeting: 7:30 P.M. Dt.. ..L l+........ 57 nM....7... r.. COUNCILMEN n ya x Roll Call: Present . x x x x x Absent x The reading of the minutes of February 8, 1960, an February 15, 1960, was waived, the minutes were ap- Notion x proved as written and ordered filed. All Ayes HEARINGS: 1. (Agenda Items E -1 (a), (b), (c)) Mayor Stoddard opened the meeting for a public hearing regard- ing the appeal of'Dr. J. Clark Moore from the decision of the Planning Commission denying Application for Variance No. 580, for permission to construct a sitting room over a double garage w''! and apartment, on property located at 7005 Seashore Drive, Newport Beach, thereby exceeding the requirement of only two stories in an R -2 District; Lot 8, Block J, Seashore Colony Tract. The City Clerk presented the letter received from Dr. J. Clark Moore, setting forth his reasons for appealing the decision of the Planning Commission. She presented the findings of the Planning Commission and letters opposing the Variance from Michael J. McCaffrey and Mary G. McCaffrey, Reginald B..Pegram, Mrs. G. R. Dempsay, and George M. Houck. Mrs. Moore, the wife of the applicant, spoke from the audience. Councilman Lorenz joined the meeting within a few moments. Mrs. Moore reiterated the reasonsiset forth in. her husband's letter,for requesting the Variance. The Planning Director, J. W. Drawdy, and Director of Building and Safety, R. A. Glenn, spoke from the audience. The hearing was closed. Motion x All Ayes The findings of the Planning Commission were adopted and sustained, and Variance No. 580 was Motion x denied. All Ayes Mr. Glenn was requested to investigate the construction of a three -story buildf at 6102 Ocean Front (as claimed by Mrs. Moore , and to Motion x report back to the Council. All Ayes The letters referred to above were ordered Motion x filed. All Ayes (Agenda Item E -2) Ordinance No. 913, being 32. ng AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTIONS 9103.490, 9103.491, 9103.492, 9103.493, 9103.494, 9103.495, 9104.3 AND 9104.31 TO ARTICLE IX OF THE NEWPORT CH MUNICIP C RELATING TO ZONING, 71" ATTEST: May City er page 159 x Index Pub hrg R 5137 & Wal Sts. 614 sign at 23d & Newport 61 103 Hazel Drive CA -114 LJ CITY OF NEWPORT BEACH COUNCILMEN Page 160 - Volume 13 (February 23, 1960) creating anew District C -0 Zone which will per mit limited commercial and residential uses, an creating a new off - street parking formula to be known as "Z" factor, was presented for second reading and public hearing. No one desired to speak from the audience. The hearing was closed. Ordinance No. 913 was adopted. 3. (Agenda Items E -3 (a), (b)) The Mayor opened the meeting for a public hearing regarding Resolution of Intention No. 5137, to vacate, close up and abandon portions of Lancaster and r Walnut Streets (re Tract No. 772). The Clerk read a letter from Mr. Russ Ford and Mr. Ted Russell opposing said proposed vacation. Mr. Russ Ford spoke from the audience, stating that in view of the fact that Mr. Ayres did not complete an agreement regarding the exchange of lots, Mr. Ford found it necessary at this time to oppose the proposed abandonment. After further discussion, the hearing was con- tinued until both sides can be present at the next regular or special Council meeting. COMMUNICATIONS: 1. (Agenda Item F -1) A letter was presented from Kenneth Farnsworth, stating that he had con- tacted twenty businessmen, whose businesses he listed, in the Newport Pier business area, and that said businessmen were willing to pay one - half ($375) of the cost of a proposed sign to be erected at the corner of 23d Street and Newport Boulevard. A motion was made by Councilman Kingsley to approve the installation of the sign, accepting a contribution of $375 from the merchants, the City to supply the balance of funds. After discussion, a vote was taken on said motion, which failed to carry. 2. (Agenda Item F -2) A letter - petition from twenty property owners on Hazel Drive, Corona del Mar, requesting consideration of a proposal to make Hazel Drive a one -way street from Coast Boulevard, south, was presented. Mr. E. H. Warhurst spoke from the audience. The matter was referred to the Traffic Committei for report back at the Council meeting to be held March 14, 1960. „ ATTEST- 5 Page 160 Motion All Ayes Motion Roll Call Ayes Motion All Ayes Motion Ayes Noes Notion All Ayes D PA Index Harbor Island Bridge CA -97 Use Pen 581 H J Hil CA -15 Airport Plannin •dy CA -64 Tennis Courts Las Ar Park CA -49 CITY OF NEWPORT BEACH Page 161 - Volume 13 (February 23, 1960) 3. (Agenda Item F -3) A letter from Henry Schaefer, Jr., enclosing pictures purporting to show deca of -the piles at the Harbor Island Bridge, was Presented. The Public Works Director stated that eight new pilings had been put under the bridge within the last year and a half, and tha the pilings shown in the picture m ay. be remove The letter was referred to the City Manager for reply. (Agenda Item F -4) A letter from H. J. Hilton, appealing from the decision of the Planning Commission, denying Use Permit No. 581, was pre sented. The matter was set for public hearing on March 14, 1960. 5. (Agenda Item F -5) The City Clerk presented a copy of a resolution of the Board of Supervisor of'Orange County, adopted February 2, 1960, whi requests that basic information such as airfiel services, building locations, aerial photograph existing Master Plans; utility information, lease and rental data, air traffic vehicles, etc., be made available to Lockheed Air Termina Ind -,-William L. Pereira and Associates, and Quinton Engineers, Ltd., to further the success ful completion of airport planning study. Said communication was ordered filed. 6. (Agenda Item F -6) A letter from the Parks, Beaches and Recreation Commission, regarding t as specifications for the proposed tennis courts Las Arenas Park, was presented, and the matter was diaried for March 14, 1960. 7. (Agenda Items E -7; 8; 9; 10 (a), (b)) The following communications were ordered filed: Highway Fin CA -69 Tr 772 sugges name CA -23 Santa A. Annexat CA -108 (a) A letter from A. S. Koch, Chairman of the Advisory Committee, transmitting a copy of the resolution of the Board of Supervisors which establishes the fiscal program for the arterial highway financing program for the fiscal year 1960 -61. (b) Letter - petitions from twenty -five property owners in Tract No. 772, requesting that the Council take the necessary steps to give Tract No. 772 the official name of "Westport." (Mr.; M. R. Wilson, who forwarded the petitions to the property owners for signature and mailing to the City Council, has been informed that the develop ers of this area ropose to name the area "Newport Shores. ") (c) An excerpt from the minutes of the Boundary Commission of Orange County, regarding the pro- posed annexation of territory to the City of Santa Ana, being "South Santa Ana Annex No. 2 Revised," ATTEST: Page 161 COUNCILMEN Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes Motion All. Ayes It 2 p` a N Index 0 ABC - License CA -63 alley CA -14 40 Req info wate CA -35 Req fo Assess Dist. CA -29 • Ltr oppos Lindo stree CA -14 Ltr req re- hear, G L Hari Pier Permit CA -130 CITY OF NEWPORT BEACH Page 162 - Volume 13 (February -23, 1960) (d) Copies of'Applications for Alcoholic Beverage License from the following: s (le) "Elizabeth F. Pargmann and John R. Pargmann, for'new off -sale beer and wine, Seashore Ranch Market, 7100 Coast Highway, Newport Beach. (2e)Market Basket, Neal D. Ramsey; President, for double transfer off -sale general, 3100 West Balboa Boulevard, Newport Beach. 8. (Agenda Item F -11) A letter was presented from mt Angelo L. and Thelma Redaelli, operators of a motel, service station, and a delicatessen store t known as "The Waves," located at 6500 West Coast Highway, requesting the abandonment of a 10' alley easement which cuts the block long highway ,frontage property of the petitioners in half. The matter was referred to the City Manager for report and recommendation. 9. (Addendum Agenda Item 2 (b)) A letter from Mrs. Talcott Bates, requesting information regarding Dnt the development of waterfront property in the Y City of Newport Beach, was referred to the City Manager for reply., 10.(Addendum Agenda Item 2 (c)) A letter from Milton Bren, 511 - 30th Street, Newport Beach, requesting that the Council initiate an Assess- ment District in the area between 28th Street and 32d Street, and from Newport Boulevard to Lafayette Street, for the purpose of improving City property with a completed storm system, curbs and gutters, sidewalks, and any necessary repairs to the existing streets, was presented. The matter was referred to the City Manager for a feasibility report. ll.(Addendum Agenda Item 2 (d)) A letter from D. E, Palmer, opposing any action abandoning a "part of the street at the end of Lindo Avenue, there- by closing the bay frontage to the use of the re general public; was presented. t Said letter was referred to the City Attorney for reply. 12.(Agenda Item H-18) A letter was presented from Schlegel, Friedemann and Schegel, demanding a re- hearing on the pier permit granted on ng February 8, 1960, to G. Lyle Harbour. Attorney F. K. Friedemann spoke from the audience, stating that in addition to Mr. James Kelley, he represented Mr. Joseph Taylor. At- torney Friedemann reiterated the requests con- tained in his letter. The matter was referred Committee for review on a report back to the ATTEST: S to the Joint Harbor March 8; 19F(, And for ncil. /� \C��9�o�a s Page 162 COUNCILMEN Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes Motion 1 Ayes e& Index 40 Licens CA 63 • R 5165 re cont to pain City Ha CA -38 CITY OF NEWPORT BEACH COUNCILMEN Page 163 - Volume 13 (February 23, 1960) LICENSES: (Agenda Items G -1, 2, 3) The following Applicat for License were approved: IS Motion All Ayes 1. Anthony Sigalos, dba Orange County Food Service Inc., 7951 Whittaker Avenue, Buena Park, for portable food stand; adding following location, Industrial Exhibit. 420 = 31st Street, Newport' Beach; a letter requesting said service had bee received from Dick Hogsett, owner. 2. Woody Matthews,'dba Automatic Games Company, 2379 Orange Avenue, Costa Mesa, for 3 skill games at the following locations: 1 bowler game and l miniature pool, located at the Mariners, 2911 -13 Newport Boulevard, Newport Beach; and 1 Crusader electric gun, located at the Patio, 113 - 22d Street, Newport Beach. 3. Claude Abbott, 3201 West coast Highway, Newport Beach, change of ownership, formerly owned by Lido Boat Club, Inc., for slip rentals at 3201 West Coast Highway, Newport Beach, consisting o 15 slip rentals. ADDITIONAL BUSINESS: 1. (Agenda Item H -1, (a)) A memorandum containing the recommendations of the City Manager and Public Works Director regarding the receipt and actopening of bids by the City Clerk on February 18, 1960, for the exterior painting of the City 1 Hall and the inside painting of the Council Chambers, was presented. Assign- 12. men t Ba Club Ise C =519 Charter Argument CA -76 Plan Checker CA -101 Resolution No. 5165, authorizing the Mayor and City Clerk to execute a contract with the low bidder, Larco Painting Company, at the contract price of $2696, for the exterior painting of the City of Newport Beach City Hall and existiq Police building, and the inside painting of the City Council Chambers, was adopted. (Agenda Item H -3) A letter dated February 11, 1960, from Attorney Donald Harwood, regarding the assignment of the Bay Club lease, was pre- sented. Mayor Stoddard suggested that a committee comprised of Councilman Kingsley, Chairman, and Councilmen Lorenz and Somers, be asked to investigate and discuss the proposed assignment with the City Attorney and others, if necessary, and report their findings. Said committee was so appointed. 3. (agenda Item H -4) The arguments to be.mailed with the sample ballot for the ensuing election regarding and in favor of the proposed Charter Amendment Number One and Charter Amendment 'Number Two, were approved as written,,, 4. (Agenda Item H -5) The was added to the Buil ATTEST: Win. of Plan Checker ➢� �` s 6 '6 m � Y Motion 1 Call: Ayes Motion All Ayes Motion All Ayes Motion. fall Ayes x CITY OF NEWPORT BEACH COUNCILMEN Page 164 - Volume 13 Index (February 23, 1960) 1` • 5. (Agenda Items H -6" (a), (b)) A memorandum con - taining the recommendations of the City Manager " that the Council amend the Pay and Classifica:tion resolution establishing the class of Lifeguard R 5166 re Dispatcher, and deleting the class of Lifeguard Schedule Captain, was presented. "All CA -45 Resolution No. 5166, being a resolution of the City Council of the City of Newport Beach, amending Schedule A adopted by Resolution No. 5034, and "amended by Resolutions, Numbers 5058, Motion x 5157 and 5161, relating to Classification and Roll Call: Compensation, was adopted. Ayes x The Lifeguard Budget was amended to add the position of Lifeguard Dispatcher and to delete Motion the position of Lifeguard Captain. All Ayes R 5167. 6. (Agenda Item H -7) Resolution No. 5167, being a re engr resolution of the City Council of the City of consulta t Newport Beach, authorizing the execution of an •servs agreement for engineering consultant services; CA -12 contract with James M. Montgomery to study C -656 Pressure Zone III storage requirements of the Motion City and to furnish a report thereon, was Roll Call: adopted. Ayes x Policy 7. (Agenda Item H -8) A Policy Statement on Water Statement System Expansion, as proposed on February 15, Water Sy 3t 1960, in the Policy Study Session meeting, and Motion Expansioa as drafted on February 16, 1960, was adopted. All Ayes CA -12 8. (Agenda Item H -9) Ordinance No. 914, being Ord 914 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING re traffic CHAPTER 6 TO ARTICLE III OF THE NEWPORT BEACH regula- MUNICIPAL CODE RELATING TO TRAFFIC REGULATIONS tions ON CITY PROPERTY, CA -114 regarding parking, speed and traffic control devices, was introduced. • The first reading of said ordinance was waived Motion and Ordinance No. 914 was passed to second Roll Call: reading. Ayes x R 5168 9. (Agenda Item H -10) The recommended decision re- re Notica garding the proceedings to Abate a Nuisance at to Abate 904 -906 East Balboa Boulevard, and 905 -907 East Nuisance Bay Avenue, as submitted by Councilman Charles CA -81 E. Hart, Chairman of the Council Committee appointed to prepare findings and make a recommendation in subject matter, was presented. Resolution No. 5168, being a resolution of the City Council of the City of Newport Beach, ordering the Abatement of said Public Nuisance, and containing the findings and the recommendation of said Committee, was adopted. Motion Roll Call: Ayes x Councilmen Kingsley and Somers abstained from they were of he voting, since present hearings regarding the Fo p osed ct n. ATTEST: Mayor ity Mer1k Page 164 x x Index P169 re util CA -38 & Deeds R 5170 re cons of bldg, at CdM Beach CA -49 C -657 0 • Tr 3519 Final M, R 5171 re impr; CA -23 0 Tentat Map Tr 3607 CA -23 CITY OF NEWPORT BEACH Page 165 - Volume 13 (February 23, 1960) 10.(Agenda Item H -11) Resolution No. 5169, being a resolution of the City Council of the City of Newport Beach, accepting "a utility easement frog The Irvine Company and Back Bay Park, for meter location to serve Newport Dunes, was adopted. ll.(Agenda Item H -2 (a)) Mayor Stoddard presented the recommendations of the City Manager and Public Works Director regarding the receipt and opening of bids by the City Clerk on February 1 1960, for the construction of buildings, decks, walks, planting areas and related facilities at r the Corona del MarState and City Beach Park. H stated the low bidder, Mr. David Young, was in the audience. Mayor Stoddard read the recommen dation of the architect that plain tile be subs tuted for concrete tile, decreasing the cost of the work by the amount of $2620, and a recommen dation regarding a drinking fountain drain. The City Manager and Public Works Director recc mended that the contract for the construction b awarded to the low bidder, David Young Builder, Inc., accepting the alternate of omitting concr tile and substituting plain tile, reducing the cost by the amount of $2620, making the contrac price $65,834. Councilman Lorenz was of the opinion that the c tract price was too high and he was opposed to approval of the recommendations. The recommendations of the City Manager and Pub: Works Director were accepted, and Resolution No 5170, being a resolution of the City Council of the City of Newport Beach, awarding a contract for the construction of buildings, decks, walks planting areas and related facilities,at the Corona del Mar State and City Beach Park, was adopted. It was stated that a change order regarding the drinking fountain would be discussed at a later meeting. 12. (Agenda Items H -12 (a), (b)) The Final Map for P Tract No. 3519, subject to dedication of access rights in lieu of the one -foot strip and to the conditions set forth in the findings of the Planning Commission, was approved, and the City Clerk was directed not to sign said Map until the City Attorney approved. Mr. A. M. Fickes, representing Boyle Engineer- ing, participated in the discussion prior to approval of the Final Map. Resolution No. 5171, being a resolution of the City Council of the City of Newport Beach, authorizing the execution of an agreement betwei Cameo Shores Development Co., a joint venture c posed of Macco Corporation, Ward Development Co Barrington Development Co., Hester Development Co., and Sunny Homes, Inc., and the City of Newport Beach, for the construction of improve- ments in Tract No. 3519, was adopted. 13.(Agenda Item H -13) The Tentative Map for Tract No. 3607, located easterly of ine Avenuln north of Westcliff Drive, was proved. ATTEST: Page ",4, City er Mayor COUNCILMEN Motion 11 Call: Ayes Motion 11 Call: Ayes Noes Motion 1 Ayes Motion ,11 Call: Ayes R' CITY OF NEWPORT BEACH Page 166 - Volume 13 Index (February 23, 1960) - 14.(Agenda Item H -14) Resolution No. 5172, being a R 5172 ie resolution of the City Council of the City of Sts & Newport Beach, adopting and approving the Highwayi Master Agreement for Expenditure of Funds allo Code cated under Section 2107.5'of the Streets and CA -69 Highways Code, was adopted. R 5173 re Big Canyon CA -12 CA -134 Notice to Abat Nuisatnc CA -81 r� U Budget CA -102 0 15.(Agenda Item H -15) Resolution No. 5173, being a resolution"o£ the City Council of the City of Newport Beach, for the inclusion of the Big... r Canyon Reservoir in our water system in accord - ance with the State of California Health and Safety Code, and being an Application to the State Board of Public HealtW for an amendment t the permit, was adopted. 16.(Agenda Item H -16) The City Clerk stated that Melvin L. Hauge, Building Inspector, had given Notice to Abate Nuisance to the Department of Mental Hygiene, State of California, Guardian of the Estate of Shelby R. Coon, Incompetent, and said Nuisance is to be abated by the demo - lition of buildings located at 205 Agate, Balbc Island, being the property of said incompetent. The hearing on said matter was set for March 14, 1960. 17.BUDGET AMENDMENTS: (a) (Agenda Items H -17 (a), (b), (c), (d), and Addendum Agenda Item 3 (b)) The following Budget Amendments were approved: 1. No. C -75, in the amount of $340.03, being an Increase in Budget Appropriations from Unap- propriated Surplus, General, to Electrical, Law Improvements; for the installation of street light at 32d Street and Ocean Front alley in accordance with agreement with Mr. Curt Pinkert; and an Increase in Revenue Estimates (Donations and Contributions), in the amount of $340.03. 2. No. C -76, being an Increase in Revenue Estimates in Capital Outlay, in the amount of $203,282.92; part payment on sale of 86 acres ($452,600); balance due in three equal installments ($226,300). 3. No. C -77, being an Increase in Budget Appro- priations, in the amount of $9563, from Unap- propriated Surplus, General, to Electrical, Land Improvements; for installation of signals at 32d Street and Newport Boulevard. 4. No. C -78, being an Increase in Revenue Estimates, in the amount of $226,300, for note received re sale of 86 acres, portion of Sakioka transaction. 5. No. C-80, being an Increase in Budget Appro- priations, in the amount of $1500, from Unap- propriated Surplus, water, to Capital Improve- ments, Land Improvements; to replace..existing 2" water main with '4" tr ite "water in th, alley south of Seashore Five from N tre, to Orange Street. ATTEST:'" 1 0 A p Page COUNCILMEN Motion Call: Ayes Motion 1 Call: Ayes Motion All Ayes Motion All Ayes CITY OF NEWPORT BEACH COUNCILMEN Page 167 - Volume 13 Index (February 23, 1960) (b) (Addendum Agenda Item 3 (a)) Budget Amend - ment No. C -79, being an Increase in Budget Ap- propriations, in the amount of $65,834, from Unappropriated Surplus, Capital Outlay, to Park and Recreation, Land Improvements; for con- struction of buildings, decks, walks, planting areas and related facilities at the Corona del Mar State and City Beach Park, was approved. (c) (Addendum Agenda Item 3 (c)) Budget Amend- ment No. C -81, being a Change in Surplus (Unap- propriated to Appropriated), Capital Outlay, in the amount of $10,275; for Segregation of Land Sales Revenue (Sakioka transaction), in an amount equal to the amount necessary for retire meet of 1925 Water Bond principal and interest due October 1, 1960 (final payment), was approved. Incr in 18.Councilman Lorenz was authorized to write a letter to the Public Utilities Commission re- garding the proposed increase in gas rates of gas rats Southern Counties Gas Company, calling attent CA -36 to the fact that the cost of distributing gas has decreased. Balboa 19.Mrs. Edna Davenport spoke from the audience re- Peninsula questing that the Council place a blockade on blockadE Balboa Peninsula in order to control the request traffic at Easter time in a similar way as will CA -74 be done on Balboa Island. It was explained to Mrs. Davenport that the ordinance adopted for the control of traffic on Balboa Island had not been proven to work as yet and that it had been established to control particular circumstances on the Island. Adjourn +20.The meeting was adjourned. 0 ATTEST: ty UlerV Page 167 Motion Ayes Noes Motion All Ayes Motion All Ayes Motion All Ayes x x