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HomeMy WebLinkAbout03/25/1963 - Regular Meeting4 1 P 1 P I I IF L 7 i k 1 CITY OF NEWPORT BEACH Volume 16 - Page. 184 Minutes, of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: March 25, 1963 Time of Meeting: 7:30 P. M. Index COUNCILMEN N rinc:c �i mcGUUr_ �.uuaacu �aaa.auucia . i i i Roll Call: Present x x x x x x x - The.reading of the Minutes -of March 11,. 1963 was waived, Motion he Minutes were approved as, written and ordered filed. A11.Ayes SPECIAL BUSINESS: 1. Service Award: > ervice Ward Mayor Hart stated that last month,, while Councilman )in to Lorenz.was'.in Europe, service.award pins.had been pre - 5r • sented to City employees, and the Mayor said that it was ,orenz A 47 now his pleasure to-present to Councilman Lorenz a .five.year pin for his.five years of commendable service .as. a member of the City Council. 2. Appreciation: Councilman Gruber read and proposed the adoption of the following Minute Resolution: linute WHEREAS, the City of Newport Beach has long been Les considered a.place.of beauty;, and .e Dover WHEREAS,. such beauty extends. beyond the natural ;hones geographical attractiveness of the area; and `ountai :A 83 WHEREAS, this beauty of the City has', been greatly enhanced by the beautiful cascading fountain,, reflectio pool and. statue, at the entrance to Dover Shores; and WHEREAS, the Macco Realty Company is responsible for placing and executing this artistic creation de- signed by Millard Sheets; NOW, THEREFORE, BE IT RESOLVED,; that the City Council of the City of Newport Beach takes,notice. of this contribution to the beauty of the community and extends its congratulations, to John MacLeod, Chair- man of the Board of Macco Realty Company and to the Company and staff.for the creation of this symbol of our City. Said Resolution was unanimously adopted. Motion x Roll Call: Ayes xxx xxxx HEARINGS: axicab'' 1. Mayor Hart opened the continued public hearing regarding P 'ate .ncr the application of Yellow Cab of Newport and Costa Mesa, irg Inc. to increase, taxicab rates. No one desired to speak .from the audience. The hearing was closed. Motion x All Ayes �j Mayor ATTEST: Cit Cle Page. 184 _Index • R 5755 estab taxicab rates CA 25 Hrg re Otd 102! re house- boats & house- boat marinas • cont. CA 70 Hrg re Ord 1031 stds fos off -str parking lots Ord 1031 adppd CA 22 • Hrg re Ord 10 re re- zoning intro & pass 2d rdg CA 10 C] CITY OF NEWPORT BEACH Volume 16 - Page 185 ch 25, 1963 Councilman Cook made a.motion to adopt Resolution No. 5755, establishing rates for taxicabs and rescinding Resolution No. 5061. A discussion was -had. Herman R. Tate spoke from the audience, stating that the .increased rates. were necessary, to enable.him to make a profit. Resolution No. 5755 was adopted. Mayor Hart opened.the. public hearing regarding No. 1029„ being AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 7 TO ARTICLE VIII OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO HOUSEBOATS :AND HOUSEBOAT MARINAS. Alvan Clemence, Chairman of the Planning Commission, and'Samuel Downing of the Planning. Commission,, spoke from the audience. The hearing was continued, and..it was requested that the Council Houseboat Committee meet with the Planning Commission to discuss. the matter further. 3. Mayor Hart opened the public hearing regarding No. .1031,,being AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTIONS. 9105..51,; 9107. 311, AND 9107.312 TO, AND AMENDING SECTION 9107.32 OF, THE NEWPORT BEACH MUNICIPAL CODE RELATING TO STANDARDS FOR OFF - STREET PARKING LOTS AND DEFINITIONS, recommended. by Planning Commission Amendment No, 139. No one desired to speak-from the audience. The .hearing was. closed. Ordinance No. 1031 was-adopted. Mayor Hart opened the public hearing regarding. a. pro- posed Ordinance (No.. 1032),. being AN ORDINANCE OF THE. CITY OF NEWPORT BEACH ADOPTING DISTRICT MAPS NOS. 39;' }40, 41, 42, 43, AND 44, REZONING PROPERTY, AND AMENDING DISTRICT MAP NO. 36, rezoning a portion of the prolongation of Ford Road, bounded by Upper Newport Bay_ on the west and north and TTEST: ayor Page 185 COUNCILMEN Motion Roll C Ayes Noes- Motion Roll Call: Ayes Noes x Motion x Roll Call: Ayes xxx X Motion x Roll Call: Ayes 39 x, X x x a 0 to o p Index • Redmond Pier Permit hearing cont. CA 130 • Ord 103: re one - way streets & alley: intro & passed 2d rdg CA 29 .• CITY OF NEWPORT BEACH Volume. 16 - Page 186 March 25, 1963 East Bluff Drive on the east, from Unclassified_to R -3 -B, R- 4- B -2 -UL and C -O -H Districts; Planning Commission Amendment No. 154. A letter was presented from the Newport Beach Elementary School District requesting permission to participate.. in future planning of any new areas in general and of the East Bluff area in particular, prior to any proposals being acted.,upon by the City Coun- cil. No one desired.to speak from the audience. The hearing was closed. Ordinance No. 1032.was introduced and passed to second reading. Consideration was given to the School District's. letter. Said letter was. ordered -filed. Mayor,Hart opened the public hearing regarding Pier Permit No. A- 620 for the pier and float, located bayward of Lot 12, Subdivision'of Block C, Newport Bay Tract, 309 Edgewater Avenue, Balboa; notice.had been given to Dr. Malcolm H. Redmond, owner 'of the property at 309 Edgewater. that subject hearing, would be held to determin4 whether any permit or rights which he, or anyone else, may have to maintain the pier and float. in Newport Bay within the northerly extension of the sidelines of Lot 12, Block C, Newport Bay: Tract, fronting on Edgewater Ave- nue between Fernando Street and Coronado Street, in New- port Beach,, should be revoked and said pier and float and .appurtenant structures ordered removed. A letter, dated March 21,. 1963, from. Dr. Redmond and a sketch depict - .ing his proposal to correct the, situation, were presented. Dr. Malcolm Redmond and Mr. Frank Reimer spoke frorr the audience. The hearing was,continued to April 8 to give Dr. Redmond an opportunity to present his proposal to the Joint Harbor Committee. ORDINANCES.FOR INTRODUCTION: Ordinance No. 1033,. being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 3250.5 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO NEWPQRT'BEACH.0UE --WAX- STREETS AND ALLEYS, designating certain one -way streets and alleys,in.the West Newport area, was introduced and passed to second reading. TTEST: yor Page 186 COUNCILMEN Motion x Roll Call: Ayes x x x X Motion x Roll Call: Ayes x x x X Motion All Ayes Motion All Ayes Motion Roll Call: Ayes 0 0 `o � A o a x Index Ord 103 re fire place & chimney ments set for hrg CA 10 Ord 103! re grad• ing per. mits intro & Passed to 2d • rdg CA 127 Ord 103( re grading passed to 2d reading CA 127 • Ord 1011 re sign: diaried CA 103 CITY OF NEWPORT BEACH COUNCILMEN Volume 16 - Page 187 March 2.5,_ 1963 . Ordinance No. 1034, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 9105.4 OF ARTICLE IX OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO PLANNING AND ZONING, relating to fireplace and chimney encroachments, was introduced and set for public hearing on April 8, 1963. Ordinance No. 1635, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 7505 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO THE ISSUANCE OF PERMITS WITH RESPECT TO GRADING, was presented with a memorandum from the City .1 regarding revised procedures on administration of control. Ordinance No. 1035 was introduced and passed to second reading. ANCES FOR ADOPTION: Ordinance. No..1030,.being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 7507 AND 7508 OF THE NEWPORT BEACH MUNICIPAL CODE RE- LATING TO PERMIT FEES AND INSPECTIONS WITH RESPECT TO GRADING. Proposed revisions of subject Ordinance, submitted by the City Attorney, were approved .and Ordinance No. 1.030 was _passed to second reading. Z. Ordinance No. 1019, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING AND REPEALING CERTAIN SECTIONS: OF CHAPTER 5 OF ARTICLE VIII OF THE NEWPORT BEACH MUNICIPAL CODE RE- LATING TO SIGNS, was presented for adoption. Mr. Ed Cronan, Executive Secretary of the State .of California and Southern Califor- nia Electric Sign Association, spoke from the audience .requesting, permission to meet with the Committee which TTEST: Mayor page 187 Motion Roll Call: Ayes Motion Roll Call: Ayes Motion "Roll Call: Ayes x Index March 25, 1963 Req for ment permit Tr 4441 CA 23 • Exclu- sion of certain territo from City CA 108 • R 5756 setting hrg Ca 108 R 5757 re gra ing fe CA 127 • CITY OF NEWPORT BEACH COUNCILMEN Volume 16.- Page 188 is considering, amendments to the proposed Ordinance. Further consideration -of the adoption of Ordinance No. 1019 was,diaiied to April 8, 1963. CONTINUED BUSINESS: 1. A letter was.presented from Donald E. Woodward, Presi• dent, Resplan,. Inc.,. stating that the Four Fours Associa• tion requests an encroachment permit for the existing fence .on the north side of the northeast alley; of Tract No. 4444,, said fence to be moved to the northerly, line of the City right -of -way and to be maintained by the Association The :matter was, referred back :to the staff, and particular ly the Public Works Department and the City Attorney, to draw the proper encroachment permit, conditioned as dis cussed, that access. be permitted to the northerly proper- ty owners and incorporating,in the permit, in addition, a recommendation such as they might want to make, on the unpaved portion of the right -of -way. BUSINESS: 1. Exclusion of certain uninhabited territory: (a)An excerpt from the Minutes of the Orange County Boundary Commission meeting held March 18, 1963, indicating that the Commission finds. that the boun- daries.of the proposed de-annexation or Exclusion of Territory from the City of Newport Beach (MacArthur Boulevard, and Acacia Street), are reasonably definite and certain, although it cuts property along.the. center• line of the proposed alignment of Acacia Street, was ordered filed. (b) An excerpt from the'Minutes -of the Orange County Board of Supervisors stating that the City..of Newport Beach Resolution. initiating proceedings.to exclude certain. territory from the City of Newport Beach, has been referred to the County Counsel for study and re- port, was :ordered filed. (c) Resolution No. 5 -756, setting a .public hearing on April 8th, 1963,to consider the exclusion of certain uninhabited territory, was adopted. Resolution No. 5757 (superseding Resolution No. 5748), establishing fees pursuant to Section 7507 of the Newport Beach Municipal Code relating to Grading,. was adopted. TTEST: Page 188 Motion Roll Call: Ayes ,Motion All Ayes Motion All Ayes Motion All Ayes Motion Roll Call: Ayes Motion toll Call: Ayes x x a xi Index March 25, 1963 Bulk- head repairs CA 70 Off -str parking ments Balboa Inn CA 22 r 1 LJ License appls. . CA 63 r 1 • CITY OF NEWPORT BEACH Volume 16 - Page 189 3. A memorandum was .presented from the - City,Manager Public Works Director recommending repairs.of the 1 head at the Bay, end of 20th Street. The recommendations. of the Public Works Director were approved, an expenditure of $2800 to remove and replace' the damaged portion of seawall and street was. authorized„ and the City Attorney was.directed.to initiate proceedings to recover the amount of damages duethe City. The Planning Commission recommendation that the re- quest be approved of Richard H. Rice. for waiver of off - street parking requirements, subject to an.agreement between the City and the Balboa Inn,. was presented. The .staff was instructed to draw up.,an agreement for the May- or and Mr. Rice to sign pursuant to parking. requirements. TIONS FOR LICENSE: following Applications.for License.were approved: 1. Wallace Kreag, dba A & W Amusement Co., 23732 Eshel• man, :Torrance, for skill games at the Beach Roamer, 104 Main Street, Balboa, consisting of one pool table and one bowler game; change of ownership. John D. and Dorothy M. Ball, dba Royal Cafe, 101 Palm, Balboa„ for skill game consisting of one pool table. at said location. Exempt, Marie Stephens, Executive Secretary, Orange County Association for Mental Health, 1302 North Broad- way, Santa Ana, for house.to house soliciting annual fund raising drive; campaign to be held April 28 through May 31, .1963; "Bell Ringers Campaign" in Newport Beacl to be May 17 through May 19, 1963; approximately 300 solicitors. Eugene N. James, Surf and Sandwich, 510 South Bay Front, Balboa Island,. watercraft for hire at said locat: consisting of surfboards for hire; change of ownership. Harold A. Camp and Leighton E. Minarch,. dba Atlantic & Pacific Enterprises, 17171 Beach Blvd., Huntington Beach, for skill game consisting of one miniature pool table at the Sub, 6450 West Coast Highway, Newport Be The Application of the South Coast Company, by Walter S. Franz, Jr. for slip rentals at 23d Street and Newport Boule- vard for 13 slip rentals was referred to the staff for report at the next meeting as to compliance with regulations, in- cluding zoning, sanitary facilities, et cetera. TTEST: Page 1.89 COUNCILMEN Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes CITY OF NEWPORT BEACH Volume 16 - Page.190 _Index _ March 25, 1963 • COMMUNICATIONS - REFERRALS: 1.. A copy of a.letter from Harbor Manager Kenneth Sampson Water addressed to the Board of Supervisors, requesting prep - skiing aration of special use areas ordinances for water skiing & speed and speed zones. in the Upper Bay,. was. presented. The zones letter was.referred.to the City Attorney with instructions Upper that he assist the Harbor Manager in drafting reasonable Bay skiing regulations and that, in addition, a joint powers CA 70 agreement be drawn up by the City and the County spelling CA 49 out the jurisdictional powers that need clarification. in this area, and limiting_this.to water skiing policing and relates matters. The City Attorney, the City Manager and Councilman Lorenz were empowered by the Council to discuss any other areas. of City - County operations:in the Harbor area • and make re commendations .to the Council on possibilities of joint powers agreement in other areas, other unknown areas, for instance, fire. 2. A letter was presented from the Harbor Manager Kenneth Sampson to the City Council, regarding the fact that the Dredging Orange County Harbor District. is preparing to advertise Upper for bids for dredging approximately 500, 000 cubic.yards Newport of material from the proposed future. channel areas. in Bay Upper Newport Bay and proposes to stockpile this mater - CA 70 ial.on Irvine-Company land in the vicinity of Irvine Boule- vard at 23d Street for future highway embankment fill. The matter was referred to the Public Works Director and it was, ordered that all papers. accompanying Mr. Sampson's letter be filed in the office of the Public Works Director. Fortner, 3. A letter was presented from C. L. Fortner,. 129 - 43d •ltr Street, regarding a drainage problem in his.area. Mayor re Hart- stated that it is anticipated that the problem will be drainagE corrected when the River Avenue Assessment District CA 154 work has been completed. Since Mr. Fortner had been advised of the progress made, the letter was ordered filed. 4. The following communications regarding the proposed Freeway routes.in Newport Beach were ordered filed: Ltrs re freeway (a) A copy, of a letter from Bernhard Palm, President, routes Corona Highlands Property Owners Association, to CA 69 the State Highway Commission,, stating that the Asso- ciation on March 12 reaffirmed its unalterable opposi- tion to the location of a.freeway on 5th Avenue in Corona del Mar. Mayor ATTEST: Page 190 COUNCILMEN . Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes Index March. 25, 1963 Letters re freeway route cont. CA 69 • Traffic signal CA 19 • Claims for Dams CA 84 CITY OF NEWPORT BEACH COUNCILMEN Volume 16 - Page 191 .(b) Two telegrams from Mrs. Ward Baxter, Jr., of Bay - shores; one urging the City to give definite. opposition to the Coast Route for the Freeway, and the second ex. pressing appreciation for Mayor Hart's," superb" pre- sentation to the Highway Commission at the hearing on March 14 of the City's opposition. to the Green Line. (c) A copy of a letter: from Frank E. and Marjory S. Br( (sent to Councilman Gruber), addressed to the State Division of Highways, protesting a freeway along the Green Line. (d) A telegram from Charles W. Benson,. 1001 White Sai Way, Corona del Mar, stating that he has-in his,pos- session a petition signed by 117 residents- of the Hart View Hills residential area opposing,a freeway, down 5th Avenue. or along the Green Line through Corona .del Mar. (e) Copies of letters from Mr. and Mrs, D. Rodney. Lee and Mr. and Mrs. R. E. Leitner, residents of Harbor View Hills, adressed to the California Highway Com- mission, expressing an opinion.opposed _ to that of the Harbor View Hills Community Association and re- questing that the.. freeway be. placed_ along the inland Blue Line. (f) A copy of aletter to the State Highway Commission from Mr. and Mrs. Bob Eastman, opposing -the Green Line and commending the Council for its action.taken in. this regard. 5. A letter. from Harry, R. Welch, President of Welch's Coastal Concrete Co. urging that a. traffic control signal be installed at the first possible moment at, the.intersec- tion.of San Joaquin Road and MacArthur Boulevard, was ordered filed. 6. The following claims against. the City were denied, and the City Clerk's referral of the matters to,the insurance carriers was, confirmed: ,(a) Claim of Lulu E. Gellatly, that she tripped in a. hole in the pavement at 929 East Balboa Boulevard, Balbc on February 6,, 1963, causing injury to her. (b)Claim of George H. James. that while driving on Pla- centia between Production Place and 15th Street, he struck.a chuckhole in the road, causing damages, to t car,. on March 2, 1963. TTEST: N Page 191 Motion All Ayes Motion All Ayes Index • Req for stop signs CA 19 S.B 344 R 5758 re S.B. 344 adptd CA 66 Compint. re bus lic fee CA 37 Budget Amdmt CA 102 • Curb breaks Bayside Drive CA 30 • CITY OF NEWPORT BEACH Volume 16 - Page.. 192 March 25,. 1963 7. A letter: was presented from B. N. Palm, President, Corona Highlands Property Owners Association, Inc., requesting that stop signs,be placed.at the intersection. of Seaward Road and Morning Canyon Road instead of the .yield signs. Mr. Palm spoke from the audience. Council man Lorenz stated, that. the City Engineer will replace the signs as requested. Subject letter was ordered filed. Copies of Resolutions adopted by the City Council of the City of Buena. Park and the City of Fountain Valley, urging support of Senate Bill No. 344 which provides "for sound methods of obtaining additional financing of City streets. and County roads, " were presented. Resolution No. 5758, endorsing and supporting Senate Bill No. 344, was adopted, and it was directed that a copy of the Resolution be sent our three Orange County Assemblymen, our State Senator, and the Chairman. of the Finance Committee. A.letter..from Will A. Bowen complaining about receiving a notice to pay a license fee, to conduct a. business at 303 Collins Avenue, stating that he does.not conduct a.busi- ness at that location. nor anywhere else. within the City, was presented. The matter was referred to the City Manager for proper action, explaining to Mr. Bowen the method used to contact those who should pay, license fees, and .it was directed that. the letter be filed. UDGET AMENDMENT: following. Budget Amendment was approved: No. C -44,; in the amount of $600 (decrease in Unappro- priated Surplus), being an, increase in Budget Appropria- tions.for. replacernent of two gasoline pumps with ticket printer; from Unappropriated Surplus General to General Services - Streets, Equipment, N. O. C. AL BUSINESS: It was directed that the Master Plan for Bayside Drive . between- Carnation and Goldenrod be modified to eliminate the:curb- break.on Carnation, replace it with a curb.break on :theanor.th side of Bayside Drive and, in addition„ it was directed that the Public Works Department be permitted to approve one.more curb break on. the north side of Bay- side Drive and easterly of the new location of the Fernleaf ramp, should the property owners .desire.it, TTEST: Page 192 Motion All Ayes Motion oll Call: Ayes Motion All Ayes Motion All Ayes Motion All Ayes COUNCILMEN a 0 0 T O m v `pax A O x X x x x x Index • City owned propt map CA 38 Marshal abs fro State CA 91 Thomp ltr CA 35 lJ West Jetty beacon CA 70 Supvrs Agendas CA 53 Not of hrg bus lines fare incr CA 36 • Peace officer' CA 39 Feather River Pro, Assn CA 12 A.B.28 CA 66 CA 12 E CITY OF NEWPORT BEACH Volume 16 - Page. 193 March 25,. 1963 2. The City Manager and the - City Attorney were authorized and instructed to produce for the record a map showing Motion the ownership and the restrictions, if any, on City -owned All Ayes property in. the general area bounded. by Begonia, Carna- tion, First Street, and Bayside Drive. 3. Councilman Marshall was.granted permission. to be absent Motion from the State for the period of April 6 through April 14. 1 All Ayes COMMUNICATIONS.- ADVISORY: The :following,communications.were ordered filed: Letter from Dwan E., Thompson, 2246 Rutgers Drive, Costa Mesa, and a.Newport Beach property owner, urg that encouragement be given to investors, to come to Ne port !'Whether it be.to. build a high.rise building, a.modi ,furniture store, or numerous other ventures, that might keep Old Newport from becoming older Newport. " Letter from Rear Admiral N. W. Sprow, U. S. Coast Guard Commander„ 11th Coast Guard District, to Mayor Hart, stating that action has been taken, o correct the difficulties; with. the Newport West Jetty beacon and that the data forwarded by Mayor Hart was of considerable help in remedying the problem. 3. Copie.s.of Orange County Board of Supervisors Agendas for March. 12, 13, 19 and 20. Notice of hearing to be held April 24 in State Office Build ing in Los Angeles in regard to: the application of Trans - continental Bus System, Inc., American Bus Lines, Inc. Continental Pacific Lines, and Gibson.Lines.for authority to increase one -way and round trip. intrastate. passenger fares. 5. Bulletin from Department of Justice, Commission. on Peace Officers Standards. and Training, indicating that S Newport Beach qualified for reimbursement in the.amoun of $217.'69 in the period from July 1. through December 3. 1962 for the, training of one officer. 6. News letter from Feather River Project Association and a request that the City participate in membership. 7. Letter from Senator John A. Murdy acknowledging re- ceipt of the Council's Resolution No. 5746, opposing Assembly Bill No. 28, which would provide Metropolitan Water District facilities to the use of the San Bernardino Valley'Municipal Water District without their joining in TTEST: Page 193 I FA WAI Motion All Ayes COUNCILMEN `1 CITY OF NEWPORT BEACH COUNCILMEN Volume. 16 - Page 194 Index March.25.. 1963 rr • the Metropolitan Water District,, stating he intends: to oppose this measure vigorously. ADDITIONAL ITEMS: Ferry Franchi L- Confirmation was given to Mayor Hart's appointments of Motion 39 Cmte the following Committees: Ferry Franchise Committee, All Ayes Fire Chairman Councilman Gruber, Councilman Cook, Council- Code man Elder; Study Committee Regarding Fire Code, Chair Study man Councilman Stoddard, Councilman Lorenz, Council - Cmte CA 60 man Marshall. Assess® • Mr. Edward Healy spoke from the audience and stated vals. that the taxpayers' case regarding as sessed. valuations CA 107 would be, heard on April 11, .1963. • The meeting was. adjourned at 9:20 P. M. Motion x All Ayes • Ire/J Mayor ATTEST: p V\ qty erk Page 194