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HomeMy WebLinkAbout02/10/1969 - Regular MeetingIndex CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 167 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: February 10, 1969 \_X\1Z41T\14 Time of Meeting: 7:30 P. M. pm Place of Meetine: Council Chambers rr'^° = p IL. x i In honor of National Boy Scout Week, the Pledge of Allegiance was given by Boy Scout Troop 370 of Lido Isle and the invocation was given by Life Scout Gregg Schuessler of Troop 320. Gregg Schuessler presented Mayor Marshall with a Certificate of Appreciation in recognition of Boy Scout Week and a Boy Scout insigne. Troop 370 presented Boy Scout insignia to all the Councilmen. Roll Call: Present x x x x x The reading of the Minutes of the Regular Meeting of January 27 and of the Adjourned Meeting of February 3, 1969 was waived and said Minutes were approved as Motion x written and ordered filed. Ayes x x x x x HEARINGS: 1. Mayor Marshall opened the public hearing regarding innx Ordinance No. 1291, being, Jo. 59 Moden) AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY, ADOPTING DISTRICT MAP NO. 59 AND AMENDING DISTRICT MAP NO. 29, Planning Commission Amendment No. 251, rezoning Moden Annexation area to an R -1 -B -2 District. .No one desired to be heard on the matter. Mayor Marshall closed the hearing with the unanimous consent of the Council. Ordinance No. 1291 was adopted after the reading of Motion the ordinance was waived by unanimous consent of Roll Call: the Council. Ayes x x x x x 2. Mayor Marshall opened the public hearing regarding ?rkg Ordinance No. 1292, being, tegmts �om'1 AN ORDINANCE OF THE CITY OF NEWPORT ones BEACH ADDING SECTION. 20. 08.191 TO CHAPTER 20.08 OF TITLE 20 OF THE NEW- PORT BEACH MUNICIPAL CODE RELATING TO OFF- STREET PARKING REQUIREMENTS FOR COMMERCIAL ZONED DISTRICTS, Planning Commission Amendment No. 246. Letters from Wallace Calderhead and Joseph Amillo stating that the ordinance would create a hardship Page 167 IL. x i dex • • 0 CITY OF NEWPORT BEACH Volume 22 - Page 168 February 10, 1969 and asking that alternative solutions be considered, were presented. The City Clerk stated there had been received that day a letter from Eve MacDonald requesting Balboa Island be excluded from the proposed restriction and a petition signed by nineteen property owners on north Newport Boulevard requesting their C -1 -H property be reclassified as C -1, protesting the new parking restrictions proposed and requesting that their area be exempt therefrom. Ernest Mayer, Jr., Planning Consultant, reported on the proposed modifications and on the findings of the Planning Commission. Subsection B 3, Restoration of Damaged or Destroyed Buildings, was amended. The following people spoke from the audience opposing the 25% alteration clause: Harold Caldwell, Hugh Mynatt, Arvo Haapa and Dee Cook. Councilman Gruber made a motion to amend Sub- section B 2 (a) as stated by Planning Consultant Ernest Mayer. Councilman Rogers made a substitute motion to amend Subsection B 2 (a) to permit altering or remodeling of a non - conforming building up to 100% without com- plying with the parking requirements provided it does not exceed its original gross floor area and the same use is continued or changed to a use requiring the same or less on -site parking. Councilman Gruber 'stated that it was his intent for his motion to delete the 257o alteration clause. Jack Barnett, Executive Director of the Newport Harbor Chamber of Commerce, spoke from the audience in support of the Planning Commission's recommended ordinance. A vote was taken on Councilman Rogers' substitute motion, which motion carried. Lars Lavagnino and John Vogel spoke from the audi- ence in favor of deleting the percentages. The hearing was continued to February 24 for the first reading of amended Ordinance No. 1292. Page 168 Motion Ayes Motion Ayes Motion Ayes COUNCILMEN Nat'l Electrical Code Calif. Bi- centennial C e leb r atioi CITY OF NEWPORT BEACH Volume 22 - Page 169 February 10, 1969 ORDINANCE FOR ADOPTION: 1. Ordinance No. 1293, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING CHAPTER 15.12 OF THE NEWPORT BEACH MUNICIPAL CODE ENTITLEI "ELECTRICAL CODE" AND ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL CODE OF 1968 AS NEW CHAPTER 15.12 OF THE NEWPORT BEACH MUNICIPAL CODE, was presented for second reading. Ordinance No. 1293 was adopted after the reading of the ordinance was waived by unanimous consent of the Council. CONSENT CALENDAR: The following items were approved by one motion the actions on the Consent Calendar: 1. The following advisory communications were ordered filed: A letter from the Parks, Beaches and Recreation Commission stating that a tree will be planted to commemorate California's Bicentennial Celebration and that Girl Scout groups will plant wild flower seeds, Dog A letter from Mrs. Eleanor W. Miller renewing her Licenses dog license and thanking the City for the protection and safety afforded pet owners and their pets. Letters favoring the Genoa Marina from George C. Gillette, Mr, and Mrs. Leon A. Fry and Robert E. Newport Caywood. Marina Letters addressed to Councilman McInnis opposing the Genoa Marina from Calvin Rohrs, Mrs. Katherine Odens and Rufus Porter. Resolution of the city of Tustin urging Congressional hearings in Southern California on the subject of narcotics traffic between Mexico and California. Oil Resolution of the city of Gardena requesting the State Leases Legislature to enact laws to provide for the termina- tion of unproductive oil leases; and further requesting that the League of California Cities sponsor such legislation. Page 169 i Motion Roll Call Ayes Motion Roll Call Ayes COUNCILMEN CITY OF NEWPORT BEACH Volume 22 - Page 170 ,&dex February 10, 1969 COUNCILMEN i r z P l' f N S c? ? O Z f A� m N Z N r Y Z G P Letters from Division of Highways regarding acquisi- tion of eleven pieces of property from The Irvine Company pursuant to the provision that the City be advised when the State has completed acquisition of property within its jurisdiction on a hardship or right of way protection basis prior to a freeway agreement. Letter from Division of Highways enclosing copy of 1968 Study and Report as directed by Section 256 of Streets and Highways Code, a review of progress made in developing California Freeway and Express- way System and entire State Highway System and suggested revisions. --ivic Excerpt from minutes of Board of Supervisors meeting enter of January 21 indicating that Newport Beach resolution requesting selection of Newport Center as site for • proposed Municipal Court Facility had been received and ordered filed and a copy of said resolution and the Economics Research Associates Evaluation of Newport Center for the Orange County Municipal Court Facility were referred to the Department of Real Property Services to be included in their study of the location of the proposed site. Excerpt from minutes of Board of Supervisors meeting of January 21 ordering cancellation of taxes on certain City of Newport Beach property as requested by the City. Agenda of Board of Supervisors meetings held January 28, 29, February 4 and 5, 1969. Letter from Glenn Cripe, Sailor Band President, thanking the City for the loan of the ten Newport Beach flags and for the City's continued support and interest in Newport Harbor High its and organizations. 2. The following communications were referred as indicated: Referred to Pending Legislation Committee, resolu- rop. Tax tions of the cities of Indio, Seal Beach and Stanton requesting initiation of new legislation to revise or amend existing inequities in the laws of the State of California pertaining to assessing and taxing of real property. Referred to Pending Legislation Committee, resolutio ornogra- of the city of Orange urging the Governor and Legis- y lature of the State of California to enact and approve legislation restricting the sale, distribution and exhibition of pornography and obscene material to persons under eighteen years of age. Page 170 Ji Ku Ar A .0 .D a1 r; 8, CITY OF NEWPORT BEACH Volume 22 - Page 171 JQdex February 10, 1969 COUNCILMEN n s /Dmg 5. The City Clerk's referral of the following claim to the insurance carrier was confirmed: Claim of Mr. and Mrs. Robert S. Clark for damage ark to their automobile on January 21, 1969 allegedly caused by a parkway tree which was uprooted and landed on their car. s Lic 6. The business license applications of Donald H. Arvold, pl Ron Foster (akaRice), William S. Rabb and Oliver F. Thayer, 2624 W. Coast Highway, Newport Beach, for door to door soliciting for Newport Beach Cablevision, Inc., were approved. • 7. Notice of public meetings on water quality manage- ment of estuaries and guidelines for public meetings uaries and National Estuarine Pollution Study were referred to staff for study, and authorization was given for a City representative to attend the public meetings if deemed advisable. (A report from the City Manager was presented. ) ict 8. The public improvements in Tract 5878 were accepted 8 and the City Clerk was authorized to release the Faith ful Performance Bond and to release the Labor and Material Bond in six months provided no claims have been filed. (A report from the Public Works Director was presented.) Page 171 _t 3. The following resolution was adopted after the reading of the resolution was waived by unanimous consent of the Council: L Leases R Resolution No. 6926 requesting the State Legislature to enact laws to provide for the termination of un- productive oil leases and further requesting that the League of California Cities sponsor such legislation. (A report from the City Manager was presented.) sense 4 4. The following expense accounts were approved: counts Councilman Shelton's expense account for attendance at California League of Cities conference in Los Angeles from October .13. -' October,,16. • C Councilman Gruber's expense account for attendance at a League of California Cities Committee on Water Quality Control and Solid Waste Management meeting in Sacramento from January 23 - January 24. CITY OF NEWPORT BEACH Volume 22 - Page 172 Akdex February 10, 1969 COUNCILMEN i O Z f p a m >cords 9. The City Manager was authorized to enter into a anaomt records management program agreement with the )nsltnt firm of TRW Systems for Phases I and II. vine Co. 10. The Mayor and City Clerk were authorized to execute an agreement with The Irvine Company approving reciprocal on -site parking between the Islander Furniture Store and Wu Bens. (A report from the City Attorney was presented.) 11. The following Budget Amendments were approved: C -42, $16,313.69 increase in Unappropriated Surplus, General Fund, of returned excess encumbered funds for prior years' projects. • C -43, $4, 350 decrease in Budget Appropriations and an increase in Unappropriated Surplus of returned funds from Public Works Department, Services-Prof., Tech., etc., Office Equipment, to Unappropriated Surplus, General Fund. C -44, $4, 350 increase in Budget Appropriations, General Fund and a decrease in Unappropriated Surplus and $374 transfer from Unappropriated Con- tingency Reserve for completion of records manage- ment program in City Clerk's office and the develop- ment of a City -wide records retention program; $738 to City Clerk- Services - Prof., Tech., etc., General Fund and $3, 986. 00 to Nondepartmental - Services, Prof., Tech., etc., General Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter from Assemblyman John V. Briggs regarding dissolution of the Harbor District and stating that he is disturbed by information indicating that the probable rb Dist end result would not dissolve the district but would ssolution expand the district to include parks; that he agrees with the League position favoring dissolution of the district and placing the harbor district and the parks under a County department and asking for a letter giving the City's current thinking in this matter, was referred to the Council Harbor Dissolution Ad Hoc Motion x Committee to draft a reply and return to Council for Ayes x x x x x x review and action on February 24. wport Z. Resolution No. 6927, urging the California Highway y Commission to adopt a Superior Avenue alignment for the Route 55 (Newport) Freeway, was adopted after Motion x the reading of the resolution was waived by unanimous Roll Call: consent of the Council. Ayes x x x x x x Jl • Page 172 S1 C V B F F D Bi Al it CITY OF NEWPORT BEACH Volume 22 - Page 173 index February 10, 1969 COUNCILMEN ro v x X I CONTINUED BUSINESS: Lell- 1. Resolution No. 6928, expressing the Council's op- inning- position to oil drilling offshore from the Orange Count Motion x ham coast, was adopted after the reading of the resolution Roll Call: �t was waived by unanimous consent of the Council. Ayes x x x x x -ach 2. The City Manager was authorized to enter into a Motion x ront negotiated contractual arrangement for removal of Ayes x x x x x ood debris from the West Newport beaches with heavy -bris construction equipment, at a cost not to exceed $8, 500. CURRENT BUSINESS: 1. A letter was presented from Newport Harbor Junior • Chamber of Commerce requesting a fee exempt license and permit to stage a circus on March 31 at .s Lic Fashion Island, with proceeds to be used for their �plication college scholarship program. The application of Newport Harbor Chamber of Com- merce for exempt business license to conduct a circus was approved, subject to any conditions im- Motion x posed by the City Manager. Ayes x x x x x APPLICATIONS - HARBOR PERMITS: 1. A memorandum from the City Harbor Coordinator rine Co. regarding Harbor Permit Application No. 101 -104 of The Irvine Company to dredge about 75, 000 cubic yards behind the bulkhead line, to construct bulkhead lines and to renovate or replace existing bulkheads, to replace 126 existing slips with new slips and to construct 66 additional slips bayward of Bayside Drive between the Balboa Yacht Club and the Marine Avenue bridge, was presented with a copy of the application and a letter from The Irvine Company stating that vessels will be "rafted" in basin northerly of Balboa Yacht Club during construction period. Harbor Permit No. 101 -104 was approved, subject to Motion the following conditions: Ayes x x x x x (a) Approval of the U. S. Corps of Engineers for extension of slips and floats to the U. S. Project Line; (b) That The Irvine Company provide alternate and temporary mooring or docking facilities, in locations approved by the City Harbor Coordi- nator, for craft temporarily displaced by con- struction; Page 173 x X CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 174 Index February 10, 1969 N ; i S Y (c) That The Irvine Company advise the City Harbor Coordinator and obtain his approval five working days in advance of any construction evolution that will create significant navigational problems; (d) That the Public Works Department approve the details of bulkhead construction; (e) That The Irvine Company replace existing storm drain outfalls and connect new outfalls to existing City storm drains in accordance with plans ap- proved by the Public Works Department; (f) If necessary to relocate the main force sewer line to Balboa Island, that The Irvine Company will accomplish the relocation in accordance with plans approved by the Public Works Department. 2. A memorandum from the City Harbor Coordinator • regarding Harbor Permit Application No. 259 -100 of Mr. Edgar L. Sands requesting permission to moor Sands, his boat across the end of Emerald Avenue between Edgar L. his existing float and an existing mooring piling at 200 South Bay Front was presented with application letter from Edgar L. Sands and enclosed sketch. Harbor Coordinator George Dawes gave a staff report. Applicant Edgar Sands spoke from the audience. Vin- cent Donatelli, representing Mrs. Clapp, adjacent property owner, stated the permit would be contrary to public interest. Harbor Permit No. 259 -200 was denied. Motion x Ayes xxx xx x: ADDITIONAL BUSINESS: Wa er 1. The James M. Montgomery report on test drilling and Wells water quality investigations of Well No. 13 (Adams at and Brookhurst) and the Water Committee report were Adams / received, the recommendations of the Water Com- Brookhurst mittee were approved, and the staff was authorized to Motion x have the appraisal report on subject property updated. Ayes x x x x x x x Mayor Marshall stated that the regularly scheduled Study Session for February 17, 1969 would not be held. The meeting was adjourned at 10:30 P.M. Motion x Ayes xxx xxx Mayor TTEST: . City Clerk Page 174