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HomeMy WebLinkAbout01/22/1968 - Regular Meetingf 1 CITY OF NEWPORT BEACH Volume 21 - Page 181 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: January 22, 1968 Time of Meeting: 7:30 P. M. Index Place of Meeting: Council Chambers COUNCILMEN s x X xl X X x x X X x x Roll Call: Present x x x x The reading of the Minutes of the Regular Meeting of January 8, 1968 was waived and said Minutes were Motion x approved as written and ordered filed. Ayes x x x x HEARINGS: 30 1. Mayor Gruber opened the continued public hearing alboa BaN regarding the appeal of the Balboa Bay Club from the ;lub Emu decision of the Planning Commission denying appli- don Boat cation for Use Permit No. 1311 to operate an appeal excursion boat serving alcoholic beverages. A letter dated January 17, 1968 from Mr. Richard S. _ Stevens, Vice President of the Balboa Bay Club, - respectfully withdrawing their application for subject Use Permit, was presented. Said letter stated that the Balboa Bay Club had concluded that under a revised plan of use, they would not be conducting a commercial function between the bulkhead and pier - head lines and therefore had eliminated the necessity for a use permit. No one from the audience desired to be heard. A discussion was had. The hearing was closed. Motion Ayes x x x x The City Clerk was directed to file notice of with- Motion drawal of appeal by the Balboa Bay Club. Ayes x x x x 31 Z. Mayor Gruber opened the public hearing regarding the appeal of Dr, and Mrs. A. Dorn from the decision of the Planning Commission denying Variance No. 920 Dorn, All Appeal red to permit the construction of a sundeck and stairway Var. 920 in the rear yard, 2 feet from the west side property line and 0 feet from the rear property Pane in an R- 1 District, located on Lot 12, Tract 5130, commonly known as 1116 Dolphin Terrace, Corona del Mar. The findings of the Planning Commission dated January 22, 1968 were presented. Page 181 II x X xl X X x x X X x x CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 182 2-2 1QAQ s A y A c p m Planning Director Ernest Mayer, Jr. reported on the findings of the Planning Commission. Mr. John Elliott, 1011 Bonnie Doone Terrace, spoke from the audience in opposition to subject Use Permit. Dr. . and Mrs. Dorn spoke from the audience and presented photographs of the property in question. Mr. George - Flynn, building contractor representing Dr. and Mrs. Dorn, spoke from the audience. The hearing was closed. Motion x Ayes x x x x x x x Councilman Cook made a motion to overrule the Motion x findings of the Planning Commission and grant Ayes x Variance No. 920 subject to the condition that there Noes x x x x x x be no side yard encroachment of any part of the structure, which motion failed to carry; therefore, the findings of the Planning Commission were sustained and Variance No. 920 was denied. 3. Mayor Gruber opened the public hearing regarding the 32 extension of the expiration date of Ordinance No. i 1235, being, Prkg requi - ment /comme AN EMERGENCY ORDINANCE OF THE CITY OF zone - hrg NEWPORT BEACH ESTABLISHING INTERIM ZONING REGULATIONS REQUIRING MINIMUM PARKING REQUIREMENTS FOR ALL PROPERTY LOCATED WITHIN COMMERCIAL ZONING DISTRICTS.IN THE CITY WHICH DOES NOT OTHERWISE HAVE PARKING REQUIREMENTS, which ordinance would have automatically expired and become null and void on January 21, 1968 unless the City Council extended the expiration date. A memorandum from the Planning Director dated January 22, 1968 regarding proposed extension of emergency parking ordinance was presented with a memorandum from the City Attorney dated January 15, 1968 recommending extension of moratorium to July 22, 1968. Planning Director Ernest Mayer, Jr. presented a staff report. Arvo Haapa, owner and publisher of the • r Page 182 CITY OF NEWPORT BEACH Volume 21 - Page 183 Index January 22. 1868 COUNCILMEN s m O Y d O C r.1 Newport Harbor Ensign, spoke from the audience in strong opposition to an ordinance in connection with off - street parking requirements in commercial zoning districts. Leonard Smith spoke from the audience and stated that the ordinance was too rigid. The hearing was closed. Motion x Ayes x xx xxx x With the unanimous consent of the Council, the reading of the ordinance was waived after the City Clerk read the title. Emergency Ordinance No. 1242, being, AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT BEACH EXTENDING THE EXPIRATION DATE OF CERTAIN INTERIM ZONING REGULATIONS REQUIRING MINIMUM PARKING REQUIREMENTS FOR ALL PROPERTY LOCATED WITHIN COMMERCIAL ZONING DISTRICTS IN THE CITY WHICH DOES NOT OTHERWISE HAVE PARKING REQUIREMENTS AS PROVIDED IN ORDINANCE NO. 1235, extending moratorium to July 22, 1968, was adopted. Motion x Roll Call: Ayes xxx x xx Abstain x 4. Mayor Gruber opened the public hearing in connection D-1240 with revised 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 3 TO PROVIDE FOR A PLANNED COMMUNITY Planned DISTRICT, Comunity (PC) Dist. Planning Commission Amendment No. 237, estab- lishing a planned community which provides for more attractive and efficient development of a mixture of land uses in a comprehensive planned relationship. Page 183 i CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 184 p A O Index January 22. 1968 A memorandum was presented from the Planning Director dated January 22, 1968. The hearing was closed. Motion x Ayes xxx xxx With the unanimous consent of the Council, Mayor Gruber stated that the further reading of the ordi- nance was waived. Ordinance No. 1240 was adopted. Motion x Roll Call: Ayes xxx x x x ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1243, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ESTABLISHING SETBACK LINES AND AMENDING DISTRICT MAP NO. 51, Planning Commission Amendment No. 238, which i 33 proposes to amend Districting Map No. 51 in order Dist. Map to establish front yard setbacks on Lots Ithrough 91, No. 51 Tract 6425, located north of 5th Avenue, easterly of amendrtmt Marguerite Avenue in Corona del Mar was presented _ with the findings of the Planning Commission dated January 2Z, 1968. Ordinance No. 1243 was introduced and set for public Motion x hearing on February 13, 1968. Roll Call: Ayes x xxx x x : • ORDINANCES FOR ADOPTION: 0-1241 1. Ordinance No. 1241, being, 4 AN ORDINANCE OF THE CITY OF NEWPORT M&rine FiD BEACH AMENDING SECTION 9. 36. 020 OF THE Protection NEWPORT BEACH MUNICIPAL CODE RELATING TO FIRE PROTECTION OF MARINE INSTAL- LATIONS, extending the deadline for compliance to August 25, 1968, was presented. • Page 184 i CITY OF NEWPORT BEACH Volume 21 - Page 185 Index January 22, 1968 r With the unanimous consent of the Council, Mayor Gruber stated that the further reading of the ordi- COUNCILMEN a i ,;uuo:A nance was waived. Ordinance No. 1241 was adopted. Motion Roll Call: Ayes CONTINUED BUSINESS: 1. A report dated January 19, 1968 concerning the 6 CATV financial capability of Pacific Cablevision Services, Inc, from the City's independent auditor, Stotsenberg, Pacif. Cabe Binder & Co. , in connection with the matter of Services revoking or transferring the Warner Bros. TV 6 Service, Inc. CATV franchise, was presented. A public hearing was set for 7:30 P.M. on March 25, Motion Warner Bro TV Serv. 1968 at the regular meeting of the City Council to -. Ayes franchise consider the following questions: transfer request (a) Whether the CATV franchise originally granted to Warner Bros. TV Services, Inc. should be terminated in accordance with the provisions of Chapter 5.44 of the Newport Beach Municipal Code entitled "Community Antenna Television ". (b) Whether the transfer of the CATV franchise from Warner Bros. TV Services, Inc. to Pacific Cable Services, Inc. should be approved. RESOLUTIONS FOR ADOPTION: R -6690 �• 1. Resolution No. 6690 calling and giving notice of the holding of a General Municipal Election to be held in 12 said City on Tuesday, the 9th day of April, 1968, for the purpose of electing three members of the City Election Council as required by the provisions of the Charter Municipal 1968 of the City of Newport Beach and for the submission to the qualified electors of said City of such amend- ments to the City Charter as may be subsequently determined by the City Council, was adopted after the Motion. reading of the resolution was waived by unanimous Roll Call: consent of the Council. Ayes Page 185 a i ,;uuo:A 0 E M N S J I U CITY OF NEWPORT BEACH Volume 21 - Page 186 Index January 22. 1968 COUNCILMEN s A A O T O 7 m O C f xi CI 2 -6691 2. Resolution No. 6691 requesting the Board of Super- visors of the County of Orange to permit the County 12 Clerk of said County to render specified services to the City of Newport Beach relating to the conduct of micipal ions ini c a General Municipal Election to be held in said City 1968 on April 9, 1968, was adopted after the reading of the Motion x resolution was waived by unanimous consent of the Roll Call: Council. Ayes x x x x x x 34 3. A memorandum was presented from the Public Works Dbil Oil Director dated January 22, 1968 regarding Resub- erv. Stn xnboree division No. 242 improvements (Mobil Oil Company PM service station site at northeast corner of Jamboree Road and Pacific Coast Highway). esub 242 Resolution No. 6692, authorizing the execution of an agreement with Mobil Oil Corporation, subdivider, for he construction of improvements required as a condition of approving Resubdivision No. 242, was Motion x adopted after the reading of the resolution was waived Roll Call: by unanimous consent of the Council. Ayes x x x x x x 4. A memorandum from the Public Works Director 35 dated January 22, 1968 regarding 32nd Street widening project was presented with a memorandum 2nd St. from the City Attorney dated January 17, 1968 relating idening to the purchase of the Supple property for the rant Deed widening of 32nd Street. : -6693 Resolution No. 6693, accept-Ing a Grant Deed from upple John J. Supple and Frances Supple, was adopted Motion x after the reading of the resolution was waived by Roil Call: unanimous consent of the Council. Ayes x x x x x x 5. A memorandum was presented from the Public Works • Director dated January 22, 1968 regarding the receipt of six bids on January 16 in connection with the New - 36 port ocean front parking lot improvements, C- 1143. 116694 Resolution No. 6694, awarding contract for subject work to Robert W. Lynam at the contract price of 'fang Lot $25, 657. 60, was adopted after the reading of the Motion x :mprovemnt 3 resolution was waived by unanimous consent of the Roll Call: fewport >ceanfrnt Council; and the Finance Director was authorized to Ayes x x x x x x : -1143 encumber funds in the amount of $26, 657. 60. • Page 186 i xi CI 2 1� H. 1 i 1 w C F Y in ( C F CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 187 s C I R Y A F A x x RECESS for ten minutes was called by Mayor Gruber. The Council reconvened with all members present. CURRENT BUSINESS: 1. A memorandum was presented from the Public Works 37 Director dated January 22, 1968 regarding the receipt arbor Pro ects of four bids on January 15 in connection with the com- 367-68 : -1148) bined harbor projects for 1967 -68, C -1148. All bids in connection with the combined harbor pro- jects for 1967 -68, Contract 1148, were rejected; the Motion x City Clerk was authorized to readvertise for bids to Ayes x x x x be opened at 10:00 A. M. on February 19, 1968 for 'Reconstruction of the Bulkhead and Groin at 'IN" Street Beach;' rebudgeting of the project for "Con - 37 struction of the Bulkhead and Enlargement of the Park VI' St. Area at the West Jetty and Channel Road" will be nikhead & considered in the 1968 -69 fiscal year; and the staff coin was authorized to investigate the possibility of C -1148) Harbor District participation in the work at the base . of the west jetty. 07 Jetty & hannel Rd 2 A memorandum was presented from the Public Works Director.dated January 22, 1968 regarding con - 88 struction of restroom and parking lot at Washington. rkg lot & Street and Bay Avenue, C -1153. estroom ashington The plans and specifications for subject project were Bay approved and the City Clerk was authorized to ad- Motion x C -1153) vertise for bids to be opened at 10:00 A. M. on Ayes x x x x February 20, 1968. • 3. .A memorandum was presented from the Public Works Director dated January 22, 1968 regarding request of 9 Mr. Richard J. Huffman to permit use of an existing urb Cut driveway approach at 708 Jasmine Avenue. 08 Jasmin uffman Subject request was granted. Motion x Ayes x x x x • Page 187 x x a 3: a CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 188 Index January 22, 1968 \tC1\iA\001\Voclkl .O n 2 m 2 F %� W 4. A memorandum was presented from the Public Works 40 zrb Cut Director dated January 22, 1968 regarding request of '7 knethy3t Mr. Richard F. Owen to use existing driveway aen approach at 327 Amethyst Avenue. Mr. Richard Owen spoke from the audience. Mr. Robert L. Carli, architect representing Mr. Owen, drew a diagram showing the existing conditions that made maneuverability into the garage a hardship. Councilman Shelton made a motion to approve subject Motion x request with the proviso that at such time as normal access is possible because of the removal of structure across the alley and /or adjacent to subject property, the entrance from the street would be closed. . A discussion was had. Councilman Shelton withdrew the condition attached to his motion. Subject request to use existing driveway approach at Ayes x x x x x x 327 Amethyst Avenue was granted. Noes x 15F 5. A memorandum from the Planning Director dated tact 601 January 22, 1968 regarding the findings of the ewport Planning Commission in connection with the Final Map enter of Tract 6015 (Newport Center), consisting of 150.39 acres divided into 50 lots located north of East Coast Highway between MacArthur Boulevard and Jamboree. Road was presented with a memorandum from the Public Works Director dated December 7, 1967. The Final Map of Tract 6015 was approved subject to conditions recommended by the Planning Commission • and the Public Works Department; the use of Letters of Credit in lieu of the Subdivision Bonds was authorized; • Letter of Intent from The Irvine Company in lieu of • separate agreement and surety guaranteeing con- struction of the future traffic signals was accepted; and Resolution No. 6695 authorizing execution of an agreement with The Irvine Company, subdivider, for the construction of improvements in Tract No. 6015, Motion x was adopted after the reading of the resolution was Roll Call: waived by unanimous consent of the Council. Ayes X X X X X X X I Page 188 - CITY OF NEWPORT BEACH Volume 21 - Page 189 Index January 22, 1968 42 6. A progress report dated January 22, 1968 from the Air Traffi Air Traffic Advisory Committee was presented. Advisory Conmittee The Air Traffic Advisory Committee was commended Report for their hard work and fine report; the three recom- mendations submitted by the Air Traffic Advisory Committee were approved; and the Committee was directed to give consideration toward recommending some suggestions in regard to revision of the Council'; policy on Airport Facilities - Expansion. COMMUNICATIONS - REFERRALS: 43 1. A letter dated December 28, 1967 to Councilman Str. light Cook from Nelson S. Robinson attaching a petition AJ3 signed by 7 property owners and representatives of the Seafaring Masonic and the Zonta Club requesting_ St. Andrew, the City to maintain a light in the middle of the alley Irvine between St. Andrews Place and Irvine Avenue, was referred to the staff for report, and the City Manager was instructed to write a letter to Mr. Robinson and interested parties explaining the policies of the City regarding street lights in alleys. 44 2. A petition signed by 18 residents of Harbor Highlands Str. light asking for information regarding costs of street sidewalks lights and /or sidewalks in Harbor Highlands and Harbor asking what procedure to follow was referred to the Highlads staff for reply. Mr. William Harris spoke from the audience and asked if the above request included street lighting along Irvine Avenue between Highland and Westcliff and was assured that it did. 2 F 3. The following Santa Ana Heights annexation requests Annexation were presented: No. 60 Santa Ana (a) A letter dated January 17, 1968 from Mrs. Peter Hgts P. Andrews, Chairman, Pegasus Homeowners Association Committee for Annexation, requesting further consideration of petition presented to Council in April, 1966 expressing desire to be included within the boundaries of the City of Newport Beach, and enclosing an additional petition signed by eleven property owners in the area. • Page 189 Motion Ayes Motion Ayes Motion Aye s COUNCILMEN x x X X a 0 CITY OF NEWPORT BEACH Volume 21 - Page 190 Index January 22, 1968 COUNCILMEN s Y �' P o 0\7; O Y m � c 25F (b) A letter dated January 17, 1968 from Mrs. Wiley annexation C. Edney enclosing petition signed by 49 property lo. 60 Santa Ana owners in the Santa Ana Heights area requesting igts annexation to the City of Newport Beach. (c) The City Clerk stated that a petition had been received that day at 11:30 A.M. dated January 19, 25F 1968 bearing 196 signatures of residents and property owners in Santa Ana Heights opposing 9nnex. No. annexation of their property to the City of New - 50 3 Ana Hgt port Beach and stating that no advantageous gain . would be made by annexation at this time. Planning Director Ernest Mayer, Jr. presented a staff report. The following people spoke from the audience: Mrs. Peter P. Andrews, Chairman of the Pegasus Home- owners Association Committee for Annexation, asking for favorable consideration of their petition; Mrs. Mary Shepard asking, for clarification of the tax structure; Mr. Cecil Tallman, representing the 196 signers of the Santa Ana Heights petition, opposing annexation at this time; Mrs, Eleanor Fuller, Mel Thetford, James Satterwhite, and Mrs. Merlin Golson, all opposing the proposed annexation. Subject petitions were referred to the Planning Com- Motion x mission for report. Ayes x x x x x x x 46 Or. Co. 4. A letter dated January 14, 1968 from Mr. Elmer Airport Brown, Chairman of the Airport Safety Committee, Safety Cmte requesting an opportunity to meet with the Council and exchange ideas regarding airport problems, and enclosing report compiled by the Committee, was referred to the Air Traffic Advisory Committee to assist them in formulating their recommendations regarding revision of the Council's policy on Orange Motion x County Airport Facilities - Expansion. Ayes x x x x x x x ADDITIONAL BUSINESS: 12 1. Two memoranda dated January 22, 1968 from the Election Charter Review Committee recommending five, 1968 Municipal Charter amendments were considered. 1968 Charter Aniendmnts Page 190 CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 191 Index January 22. 1968 A a Z Recommendation No. One regarding revision of method of electing Councilmen was withdrawn. Recommendation No. Two establishing a limitation of two full four -year terms for the election of Council - men was discussed. Councilman Forgit made a motion to approve Recom- Motion x mendation. No. Two. Mr. Jerry Collins, City Editor of the Newport Harbor, Daily Pilot, spoke from the audience relative to a newspaper release concerning subject amendment. Mr. Les 5teffenson and Mr. Don Elder spoke from the audience in opposition to the two -term limitation • amendment. A vote was taken on Councilman Forgit's motion. Ayes x x x Noes x x x Abstain x The City Attorney stated that the abstaining vote i counted as an affirmative vote, therefore the motion carried. A discussion was had. Councilman Parsons moved to reconsider the question, Motion x which motion carried. Ayes x x x x x r Noes x The matter was tabled. Motion x Ayes x x x x Noes x Abstain x • Recommendation No. Three modifying City Council - manic redistricting procedures to complete re- districting no later than six months prior to each municipal election and changing the Councilmanic District residency requirement from one year to 90 days, was referred to the City Attorney to bring Motion back a legal draft for Council consideration on Ayes x x x x February 13, 1968. Noes x x Page 191 - Index 29 Master Plz Arterial Highways • January 22, 1968 2 Re wo rei dr: Re the the wa le€ A: Co of wil Bo wa BUDGE Budget Amendrrmts 1. Th 18F C- Ga ex • 29 Master G &Obj. 20 -S Or. Co Water D • C- fol me co: Comm 1. Th (a) (b) CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 192 <I K commendation No. Four regarding miscellaneous rd changes to conform to State Election laws was erred to the City Attorney to bring back a legal Motion x eft. Ayes x x x x x x commendation No. Five regarding authorization to City Council to set compensation for members of various- boards and commissions. The matter Motion x s referred to the City Attorney to bring back a Ayes x x x x al draft which would also impose a maximum limit. Noes x x .etter dated January 19, 1968 from The Irvine mpany regarding possible amendment of the City Newport Beach Master Plan of Arterial Highways :h respect to that area lying easterly of MacArthur ulevard and northerly of San Joaquin Hills Road, Motion x s referred to the Planning Commission. Ayes X X X X X X ;T AMENDMENTS: e following Budget Amendments were approved: Motion x Ayes xxxxxx 47, $80, 000 transfer of fund balance from State s Tax Fund to General Fund for maintenance :)enditures under Section 2107 S & H Code. 48, $2, 107. 60 transfer of Budget Appropriations the Newport Ocean Front parking lot improve - :nts to cover cost of sprinkler lines and to allow for ztingencies on estimated quantities. UNICATIONS - ADVISORY: e following communications were ordered filed: Motion x Ayes x x x x x x A letter dated January 11, 1968 from Alan L, Blum enclosing newspaper clapping congratu- lating Council on the meeting with Planning Com- mission regarding "goals and objectives." A letter dated January 3, 1968 from Orange County Water District regarding proposed amend- ments to Metropolitan Water District Act and Page 192 . i <I K R S< A CITY OF NEWPORT BEACH Volume 21 - Page 193 Index January 22. 1968 COUNCILMEN p y P A T S enclosing copy of prepared statement to be presented at the continued hearing of the Assembly Water Committee in Sacramento on January 11 and 12, and stating that City of Santa Ana has adopted resolution in support of position of the. District. (ic) Application of Pacific Southwest Airlines to the 21 Public Utilities Commission for airline service _ icific between Orange County and San Francisco: >uthwest Lrlines (1) Notice of action of San Clemente City Council indicating letter and resolution from City of Newport Beach regarding subject application had been received and ordered filed. • (2) Minutes of Board of Supervisors meeting of January 9, 1968 indicating that Newport Beach resolution regarding subject appli- cation had been received and ordered filed. (d) Minutes of The Local Agency Formation Com- mission meeting of January 10, 1968 indicating 24 that the hearing on the proposed detachment of arbor the City of Huntington Beach from the Orange istrict County Harbor District is continued to February aannex. 21. (e) Distribution of Cigarette Taxes to Cities: (1) A letter from City of Commerce dated 22 January 8, 1968 stating that it is the position _ of that city that it would be inappropriate for the League of California Cities to take any • official action on the subject of distribution of cigarette taxes to cities. (2) A letter from City of Commerce enclosing 22 resolution adopted by that city concerning the position of the League of California Cities with respect to the distribution of cigarette taxes. (3) A letter from the City of Fresno enclosing resolution of that City opposing change in 22 allocation of cigarette tax. • Page 193 Index Am�_ 1 M 20 20 Grand ra Jur R�rt 19 • 0 CITY OF NEWPORT BEACH Volume 21 - Page 194 inLo COUNCILMEN T O y m O A ^\ (f) Notice to City Clerk of proposed change in regu- lations of the State of California, Department of General Services, Commission of Housing and Community Development, and State Building Standards Commission. (g) Orange County Press Club notice of their annual Press Club Awards Dinner to be held January 27, 1968 at the Anaheim Convention Center. (h) Agenda of the Board of Supervisors meetings held January 9, 10, 16 and 17, 1968. (i) Report of Orange County Grand Jury for year 1967. The meeting was adjourned at 11:20 P.M. to 7:30 P.M., Motion x January 23, 1968 at the Newport Harbor High School Ayes X X X X X X X Cafeteria for a meeting with the Costa Mesa City Council and the Board of Education. i ayor ATTEST: P City Cler z Page 194 .