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HomeMy WebLinkAbout01/08/1968 - Regular Meeting:1W Tycer Appeal Var. 913 W Flory Appeal UP 1320 CITY OF NEWPORT BEACH Volume 21 - Page 170 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: January 8, 1968 Time of Meeting: 7:30 P. M. Place of Meeting: Council Chambers Roll Call: The reading of the Minutes of the Regular Meeting of December 27, 1967 was waived and said Minutes were approved as written and ordered filed. HEARINGS: 1. Mayor Gruber opened the continued public hearing regarding the appeal of D. L. Tycer, Jr. from the decision of the Planning Commission denying Variance No. 913 to permit construction of rear fire exit stairway encroaching 3 feet, 9 inches into the required 5 -foot setback from public alley at rear of property on Lot 21, Block 11, East Newport Tract, known as 116 East Ocean Front, Newport Beach. The findings of the Planning Commission dated December 11, 1967 were presented. Planning Director Ernest Mayer, Jr. reported on the findings of the Planning Commission. Mr. D. L. Tycer, Jr, and Miss Harriett Gould spoke from the audience in favor of subject variance. The hearing was closed. The findings of the Planning Commission were sustained, and Variance No. 913 was denied. 2. Mayor Gruber opened the public hearing regarding the appeal of Harry V. Kemp from the decision of the Planning Commission approving the application of Dorothy M. Carpenter and Mrs. Tina Flory for Use Permit No. 1320 to permit remodeling of a non- conforming building,' including the conversion of an existing garage to a den and the addition of an apart- ment over a two -car garage on Lot 15, Block 6, Section 1, known as 213 Pearl Street, Balboa Island. The findings of the Planning Commission dated January 8, 1968 were presented with the appeal letter ATTEST: r Page 170 i COUNCILMEN Present xlx[x x x x Motion x Ayes x x x x x Motion Ayes x x x Motion x Ayes x x x Index 9__ Planned Coimnunity District Ordinance CITY OF NEWPORT BEACH Volume 21 - Page 171 Tamiary R 1 q(,R COUNCILMEN O Y A °zf M1� K K K G from Harry V. Kemp dated December 16, a letter from John T. Gurash dated December 18 objecting to the issuance of subject permit and a letter dated January 4 from Harry V. Kemp enclosing a petition from fifty -eight purported property owners in the neighborhood requesting Council to reverse the decision of the Planning Commission. Planning Director Ernest Mayer, Jr. reported on the findings of the Planning Commission. The following people spoke from the audience in opposition to subject use permit: Harry Kemp, James Thomson, Victor Dunsmore. and Alan Blum. The hearing was closed. Motion Ayes xxx x x The findings of the Planning Commission were over- Motion x ruled, and Use Permit No. 1320 was denied. Ayes x x x x x ORDINANCES FOR INTRODUCTION: i L Proposed Ordinance No. 1240, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 20.51 TO TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE TO PROVIDE FOR A PLANNED COMMUNITY DISTRICT, Planning Commission Amendment No. 237, establish- ing a planned community which provides for more attractive and efficient development of a mixture of land uses in a comprehensive planned relationship, was presented with a memorandum from the Planning Director dated January 8, 1968 with revised draft of proposed ordinance. Ordinance No. 1240, as revised, was introduced and Motion x set for public hearing on January 22, 1968. Roll Call: es x x x x x C7— '2"A ayor ATTEST: City ei'5/ Page 171 K K K G Index Marine Fire Protection Jamboree R, realigmmnt 9 6W CITY OF NEWPORT BEACH Volume 21 - Page 172 TAnI]Ary R_ 1969 COUNCILMEN a 'O Y c A 2C l� to p Y N p A Z f t^ O xlxi M 2. Proposed Ordinance No. 1241, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 9. 36. 020 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO FIRE PROTECTION OF MARINE INSTAL- LATIONS, extending the deadline for compliance to August 25, 1968, was presented. Ordinance No. 1241 was introduced and passed to Motion x second reading on January 22, 1968. Roll Call: Ayes x xxx CONTINUED BUSINESS: 1. A memorandum from the Public Works Director dated January 8, 1968 regarding acceptance of Jamboree Road Realignment (C -847) was presented with a letter dated January 3, 1968 from Attorney William D. Began proposing that the City assess and retain the additional sum of $1, 200 in conjunction with acceptance of subject improvements. Attorney William Began, representing Rockwin Pre- stressed Concrete Corporation, and attorney D. Helsing, representing Coxco, Inc. , spoke from the audience in protest of the assessment of liquidated damages as established by the Public Works Director. Councilman Cook made a motion to instruct the City Motion x Attorney to attempt a negotiation with Coxco, Inc. Ayes x x within the next two weeks and /or to explore the Noes x x x possibilities of arbitration, which motion failed to carry. The recommendations of the Public Works Director were approved, and the work on subject project was accepted, the City Clerk was authorized to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been filed, and Motion x right -of -way damage assessment of liquidated Ayes xxx x damages in the amount of $11, 750 was confirmed. Noes x Mayor ATTEST: City Clerk - Page 172 1 xlxi M CITY OF NEWPORT BEACH COUNCILMEN Volume 21 Page 173 Index January 8, 1968 x 2. Councilman Forgit made a motion to diary the matter Motion of revoking or transferring the Warner Bros. TV Services, Inc. CATV franchise for January 22, 1968. CATV Mr. Louis E. Scott spoke from the audience in favor - of revoking the present franchise, and that application Warner Bros should be accepted from the other qualified companies Franchise in the area. A vote was taken on Councilman Forgit's motion, and the matter was diaried for January 22, 1968. Ayes x x x x 3. The item in connection with the priority schedule for Priority municipal projects was stricken from the agenda. schedule RESOLUTIONS FOR ADOPTION: 1. A memorandum was presented from the Public Works Department dated January 8, 1968 recommending that traffic on Newport Center Drive East and Newport Newport Center Drive West be required to stop on their Center Dr. approaches to Newport Center Drive and that the Stop Signs existing stop control from Newport Center Drive on the south side and its driveway counterpart on the north side of the same intersection be removed. R -6689 Resolution No. 6689, designating an intersection at which vehicles are required to stop, was adopted after Motion the reading of the resolution was waived by unanimous Roll Call: consent of the Council. Ayes x x x x 2. A Minute Resolution expressing appreciation and com- Minute Res. mending the City staff on its performance during the Motion x .0 year of 1967 was read in full and adopted. Ayes x x x x Commendaticn CURRENT BUSINESS: 1. A memorandum was presented from the Public Works Director dated January 8, 1968 regarding right turn Jamboree Rc lane on Palisades Road at Jamboree Road. Improvm nts The Public Works Director was authorized to issue a See C -1096 Change Order to Contract No. 1096 in the amount of Motion $6,585.95. Ayes x x x x ayor ATTEST: City Clerk Page 173 x _Ir now Elect 1f Offic T1 �J Tabl -unen( Appl Stob .4 CITY OF NEWPORT BEACH Volume 21 - Page 174 T.....,,.,.... a 1 QAQ COUNCILMEN P'O A c r2 a Juan ., o.uuo..y 2. A memorandum was presented from the Public Works Director dated January 8, 1968 regarding acceptance of improvements in Resubdivision No. 227. 227 The public improvements constructed in conjunction with Resubdivision No. 227 were accepted, and the City Clerk was authorized to release the Faithful Motion x Performance Bond. Ayes x x x x x x x 3. A memorandum was presented from the City Clerk dated January 8, 1968 regarding pay for Precinct :ion 168 Board Election Officers serving in the April, 1968 ;ers p y General Municipal Election. It was directed that Election Officers who serve on the Precinct Boards for the April 9, 1968 General Municipal Election be paid as follows: Inspectors $21.00, Judges and Clerks $18.00, Polling Places Motion x (except public facilities) $15. 00. Ayes x x x x x x x 4. A memorandum was presented from the City Manager dated January 5, 1968 regarding amendment to the Auth Table of Authorization. Jed The Table of Authorization was amended, effective Motion x January 9, 1968, as follows: Ayes x x x x x x x Building Department 1 Part time Steno Clerk I to full time. I Full time Typist Clerk 2 to part time. icatior sAPPLICATIONS - HARBOR PERMITS: Perm 1. A memorandum was presented from the Public Works Director dated January 8, 1968 regarding Harbor Permit Application No. A -343 -R of Ray Stober, Inc. to replace two existing exterior lighted signs with er, Ray interior lighted signs at the Standard Oil Marine Service Station, located at 814 East Bay Avenue. Mr. Marvin Stober, representing Ray Stober, Inc., and Mr. Ken Fleming, engineer for Standard Oil Company, spoke from the audience. ayor ATTEST: I City C:ler c Page 174 Index u w Aneric Legior Post 2 0 0 C'A CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 175 N pY pnA � F fA O Y� O C a Ta miary R_ 1968 Harbor Permit Application No. A- 343 -R, was approved, subject to the issuance of a sign permit by Motion x the Building Department. Ayes x x x x x x COMMUNICATIONS - REFERRALS: 1. A petition signed by 26 members of Newport Harbor American Legion Post No. 291 asking for extension of the American Legion lease for as long as is legally an possible, was presented with the following enclosures: 91 a letter dated October 12, 1967 from L. L. Isbell; information compiled by J. Harry Estus, secretary and treasurer, Newport Harbor Post No. 291, on the history of the forming of Post 291; history of Newport Harbor Post #291 from 1924 to 1931 taken from the book, "History of Newport Beach ", compiled by Mr. H. L. Sherman. Councilman Forgit made a motion to approve subject lease extension for a period of an additional fifteen years beyond the present lease termination date on the terms now provided, with the exception that the lease extension would provide that any tidelands revenue fees or changes thereinafter levied, assessed or required by legislation be payable and that the staff be instructed to prepare the lease, and the Mayor and City Clerk be authorized to sign. Mr. Harry Estus, secretary and treasurer of Post No. 291, spoke from the audience requesting extension of the American Legion lease. Councilman Shelton made a substitute motion that the Motion matter be diaried for February 13 during which time the Council would like to receive a report from the staff detailing status of any, or all, leases bearing on the subject and possible alternatives the Council might wish to consider. Mr. Theodore Robins spoke from the audience in favor of subject extension. A vote was taken on Councilman Shelton's substitute Ayes x x x x x x motion, and the matter was diaried for February 13, 1968. L-Mayor ATTEST: City Clerk Page 175 Index Claims Bonmiarito Page Bergman .r Kirt Hamilton Beach Erosion Budget CITY OF NEWPORT BEACH Volume 21 - Page 176 January 8, 1968 COUNCILMEN s A O m T p Y m p C a Ix X 2. The City Clerk's referral of the following matters to Motion the insurance carrier was confirmed: Ayes x x x IN (a) Claim of Joseph J. Bommarito for damage to an automobile tire allegedly caused when he struck a construction warning marker on Jamboree Road on December 13, 1967. (b) Claim of Robert A. Page for damages to his car allegedly caused by a truck belonging to the City on December 23, 1967. (c) Claim of Donald J. Bergman for damage to his car on January 3, 1968 allegedly caused by a chunk of concrete which flew up and hit his car. (d) Claim of Irene H. Kirt for personal injuries allegedly sustained on October 12, 1967 when she stepped in a hole in the street on Balboa Boule- vard and fell. (e) Claim of Robert Dennis Hamilton for personal injuries, false arrest, false imprisonment and malicious prosecution allegedly occurring on or about October 8, 1967. 3. A letter dated December 26, 1967 to Mayor Gruber from the Administrative Assistant to Congressman Utt enclosing copy of a letter to Congressman Utt from the Los Angeles District of the Corps of Engineers regarding feasibility of using dredge materials for beach replenishment, was referred to Motion x staff. Ayes x x x x BUDGET AMENDMENTS: 1. The following Budget Amendments were approved: Motion x Ayes x x x x C -44, $4, 900 increase in Budget Appropriations and a decrease in Unappropriated Surplus for engineering services for field survey and design of the widening of the southerly side of the Pacific Coast Highway from the westerly end of the Sea Scout Base to the Upper Bay Bridge. ATTEST: M<Yor City Clerk Page 176 Ix X Index - 0 Drive -In Food Estab: Pacific Southwest Airlines Cigarette Tax Mineral rights assessment `0 24 Harbor Dis deannexati CJ CITY OF NEWPORT BEACH Volume 21 - Page 177 January 8, 1968 COUNCILMEN \11\i_A\0J\011i ;\000\S6_ C -45, $2, 800 increase in Budget Appropriations and a decrease in Unappropriated Surplus for construction of a right turn lane on Palisades Road at Jamboree Road. C -46, $9, 200 increase in Budget Appropriations and Revenue Estimates, Donations & Contributions, for construction of a right turn lane on Palisades Road at Jamboree Road and increase revenues for Orange County share of project. COMMUNICATIONS - ADVISORY: 1. The following communications were ordered filed: Motion x Ayes xxx xxx (a) A letter from Old Town Newport Association expressing its opposition to the proposed Jack -In- The -Box operation at McFadden Square and Balboa Boulevard. (b) Copy of a letter dated December 27, 1967 from Hudson B. Saffell to Public Utilities Commission protesting grant to Pacific Southwest Airways to establish routing between San Francisco and other points from Orange County Airport. (c) A letter dated December 29, 1967 from League of California Cities regarding formula for distri- bution of cigarette taxes to cities. (d) A letter dated December 12, 1967 from the Orange County Assessor's Office regarding the changes that took place in the assessed values of the mineral right assessments to some of the oil and gas producing companies. (e) Agenda of the Board of Supervisors meetings held December 26 and 27, 1967 and January 2 and 3, 1968. (f) A letter dated January 4, 1968 from the City of Tustin enclosing copies of letter to the District and the Local Agency Formation Commission, and n transcript of the City of Tustin Council meeting, and stating that the City of Tustin intends to ayor ATTEST: c Zi2dd4-a City Clerk Cl Page 177 I 2 C F F L L r I CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 178 \is,0111_00JOCACIOVI, " m O O p ra I...�ev Taniia ry R_ 1Q(iR F -� 2 x x further study the matter of the City of Huntington Beach's effort to detach from the Orange County Harbor District and requesting an early League of Cities meeting for discussion of the matter. (g) Summary of Apportionments of Motor Vehicle . License Fees for the period June 1, 1967 through xm unicatjons November 30, 1967, and listing Newport Beach's apportionment to be $21, 658. 21. 25F (h) A letter from The Irvine Company clarifying the nnexation intention of previous letter involving annexation reposed of approximately 200 acres in Upper Harbor View pper Harbor Hills. iew Hills Mayor Gruber stated that the regularly scheduled Study • Session for January 15, 1968 would not be held. For the benefit of the press and other interested parties, Mayor Gruber stated that there would be an adjourned 26 V meeting on January 23, 1968 at 7:30 P.M. for a meeting nified of the Newport Beach and Costa Mesa City Councils with chool Dis the Board of Education at the Newport Harbor High School eeting Cafeteria. Councilman Parsons' request to be absent from the country Motion x from January 14 to January 19, 1968 was granted. Ayes x x x x The meeting was adjourned at 10:05 P.M. to 7:30 P.M. 29 January 15, 1968 for a meeting with the City Planning Motion faster Plar Commission at the Mariners Park Multi- Purpose Room. Ayes x x x x loals & bjectives • ayor ATTEST: <n City Clerk Page 178 I x x