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HomeMy WebLinkAbout05/12/1969 - Regular MeetingDistrict Map 27 0-1300 0 Schaefer Ambulance Service C� CITY OF NEWPORT BEACH Volume 22 - Page 239 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: May 12, 1969 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers Roll Call: Mayor Marshall opened the meeting with recognition of National Girls Club Week and the Pledge of Allegiance was led by Jane Hodges and Patty Chavez, members of the Girl Club of the Harbor Area. The reading of the Mintntes of the Regular Meeting of April 28, 1969 was waived and said Minutes were approved as written and ordered filed. HEARINGS: 1, Mayor Marshall opened the public hearing regarding Ordinance No. 1300, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 27, Planning Commission Amendment No. 254, Irvine Company request to rezone southeast corner of Irvine Avenue and Mariners Drive from a C -O -H District to an R -3 -B District. No one desired to be heard on the matter, Mayor Marshall closed the hearing with the unanimous consent of the Council. Ordinance No. 1300 was adopted after the reading of the ordinance was waived by unanimous consent of the Council. Z. Mayor Marshall opened the public hearing in connectior with application for a Certificate of Public Convenience and Necessity by Schaefer's Ambulance Service, 2227 S. Bristol Street, Santa Ana, requesting approval to operate two ambulances upon the public streets of the City of Newport Beach. A copy of a memorandum from the License Supervisor to the City Manager was presented. No one desired to be heard on the matter. Page 239 COUNCILMEN Present Ixlxlxlxlxlxl= Motion Ayes Motion Roll Call: Aye s ix x ix CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 240 dex May 12, 1969 x Mayor Marshall closed the hearing with the unanimous consent of the Council. A Certificate of Public Convenience and Necessity was Motion granted to Schaefer's Ambulance Service, as requested Ayes x x x X31 3. Mayor Marshall opened the public hearing in connectiorl Alpaugh with the appeal of Clifford J. Alpaugh from the decisio Appeal of the Planning Commission granting Variance No. 969 which had been applied for by the City of Newport Beach in behalf of Mrs. Audre Schiff for the construc- tion of a carport on the front one -half of lot at 1909 West Balboa Boulevard, Newport Beach and to allow said carport to encroach into the 5 foot required front yard setback in an R -3 Zone. • A letter from Mr. Alpaugh was presented with memo- randa from the Planning Director and the City Manager Planning Director Larry Wilson reported on the findings of the Planning Commission. Clifford Alpaugh spoke from the audience opposing the variance, and Audre Schiff and Morton Schiff spoke from the audience in support of the variance. The subject was discussed by Council. The matter was diaried to a future meeting, to be determined by all parties, and was referred to staff for study and report, and particularly to determine the metes and bounds of the property sold, and the staff was directed to work out whatever arrangements might Motion x be possible to make a compatible usage for Mrs. Ayes x x x x Schiff and for Mr. Alpaugh. • 4. Mayor Marshall opened the public hearing in connectio Irvine Co. with the appeal of The Irvine Company from the de- ".npeal cision of the Planning Commission denying Amend- ment No. 255 which would amend District Map No. 24 from a C -1 -H to an R -1 District on property located bayward of Bayside Drive, southeast of the inter- section of Bayside Drive and E1 Paseo. A memorandum from the Planning Director was pre- sented. Planning Director Larry Wilson reported on the findings of the Planning Commission. • Page 240 x Ha Al CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 241 Index May 12, 1969 \t4\S1r 1\0% f in Z A Mayor Marshall asked if anyone desired to be heard. Dale Warner spoke from the audience opposing the redistricting. George DeBeaumont spoke from the audience asking for clarification of Irvine Company plans. Jim Taylor, representing The Irvine Company, spoke from the audience and explained the proposed plans of The Irvine Company for the R -1 development. Mayor Marshall closed the hearing with the unanimous consent of the Council. The findings of the Planning Commission were over- Motion x • ruled, and the appeal of The Irvine Company was Ayes x x x x x x x granted amending District Map No. 24. 5. Mayor Marshall opened the public hearing in connectio �gen with the appeal of H. O. Hagen from the decision of the ipeal Planning Commission denying Use Permit No. 1424 to Toll Slide Manufacturing Company, Inc. for construc- tion of a recreational slide on East Ocean Front be- tween Palm and Washington Street, Lots 9 -16, Block 8, Balboa Tract, Zone C -1. A letter to Councilman Rogers and a letter from the Balboa Peninsula Point Association opposing the slide were presented with a petition signed by 18 residents of the Balboa Peninsula opposing the slide and a memo- randum from the Planning Director. Planning Director Larry Wilson presented the findings • of the Planning Cbmmission. Ed Earl spoke from the audience. Planning Director Larry Wilson read a letter ad- dressed to Mayor Marshall from the Mayor of San Bernardino commending Toll Slide on their operation in that town. Mr. Wilson also stated that letters had been received from the Balboa Peninsula Point Associ- ation and from Copre School opposing the slide. Mayor Marshall closed the hearing with the unanimous consent of the Council. The findings of the Planning Commission were sus- Motion x tained and Use Permit No. 1424 was denied. Ayes x x x x x x x • Page 241 Ga iT1P t' gal ha CITY OF NEWPORT BEACH Volume 22 - Page 242 Index May 12, 1969 COUNCILMEN i S D z N r N s p ORDINANCES FOR ADOPTION: 1. Amended Ordinance No. 1297, being, mbling AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 10. 16 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO GAMBLING PROHIBITIONS, regulating games of skill as well as gambling, was presented for second reading. A letter from the Balboa Bay Lions Club supporting the ordinance and asking that the terminology of the ordinance permit the work of the Club to go forward without interruption with respect to such fund - raising • activities as the annual Lobster Bake was presented. Ordinance No. 1297 was adopted after the reading of Motion the ordinance was waived by unanimous consent of the Roll Call: Council. Aye s x x x x x x. 2. Ordinance No. 1298, being, cial AN ORDINANCE OF THE CITY OF NEWPORT es BEACH ADDING SECTION 5.16. 120 ENTITLED "WAIVER BY CITY MANAGER ", TO CHAPTER 5,16 RELATING TO SPECIAL SALES, TITLE 5 OF THE NEWPORT BEACH MUNICIPAL CODE, TO ALLOW AN EXEMPTION FOR LOCAL MERCHANTS WHO ARE DISASTER VICTIMS, was presented for second reading. Ordinance No. 1298 was adopted after the reading of Motion x • the ordinance was waived by unanimous consent of the Roll Call: Council. Aye s x x x x x x: 3. Ordinance No. 1299, being, ad AN ORDINANCE OF THE CITY OF NEWPORT Cement BEACH ADDING SECTION 10. 48. 035 TO TITLE 1 OF THE NEWPORT BEACH MUNICIPAL CODE TO AUTHORIZE THE ABATEMENT OF WEEDS ON SPECIFIED PARCELS OF PROPERTY AS SEASONAL AND RECURRENT NUISANCES, was presented for second reading. Ordinance No. 1299 was adopted after the reading of Motion x the ordinance was waived by unanimous consent of Roll Call: the Council. Ayes X X X X X X I 40 Page 242 District Map 4 • Council - manic Redistrict- ing • E CITY OF NEWPORT BEACH Volume 22 - Page 243 May 12, 1969 ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1301, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 4, Planning Commission Amendment No. 256, Helena Famularo request to rezone the Bay -Lido Building located north of Via Lido between Central Avenue and Newport Boulevard from a C -1 District to a C -O -H District, diaried from the meeting, of April 28, was presented. Ordinance No. 1301 was introduced and set for public hearing on May 26, 1969. Z. Proposed Ordinance No. 1302, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH CHANGING AND REDEFINING BOUNDA- RIES OF ALL COUNCILMANIC DISTRICTS, replacing and superseding all prior district numbers and boundaries. Ordinance No. 1302 was introduced and passed to second reading on May 26, 1969. CONSENT CALENDAR: The following items were approved by one motion affirming the actions on the Consent Calendar: 1. The following advisory communications were ordered filed: Letters opposing the construction of street lights and sidewalks in Assessment District No. 52 from Richard and Carol R. Forehan and E. H. Conway. Agenda of the Board of Supervisors meetings held April 29, 30 and May 6 and 7, 1969. Letter from Newport Harbor American Legion Post No. 291 inviting Council to participate in their Memorial Day program on May 30, 1969. Page 243 COUNCILMEN Motion Ayes Motion Aye s Motion Roll Call: Ayes �NS°e?c ? 0 2 r e a m ,ns�nrNsa ix Ix Ix xi CITY OF NEWPORT BEACH Volume 22 - Page 244 Index May 12, 1969 Letter from "Sing -Out Orange County" inviting Council to an "Introductory Performance" on Saturday evening, May 24 at Garden Grove High School. Letter from Southern California Association of Govern- ments asking that the City consider joining the Associ- ation. Letters from the cities of Santa Ana, San Clemente and Laguna Beach regarding Orange County civil defense disaster relief plan and termination of existing agree- ments. Annual report of financial transactions concerning Cities of California for fiscal year 1967 -68 from State Controller. Resolution of the City of Huntington Beach expressing appreciation for assistance rendered by neighboring cities in controlling the illegal activities on the City's beach on Sunday, April 20. Resolution of the City of Costa Mesa urging the adoption of AB 1356 which will place fire fighters in cities under the Employer - Employee Relations Act. Resolutions from the cities of Santa Cruz and San Leandro opposing offshore oil drilling. Postcard stating that the court case testing the legality of the exchange of lands between Orange County and The Irvine Company concerning Upper Newport Bay affects Newport Beach more than any other area and requesting Council representation in court. • Excerpt from Board of Supervisors meeting of April 30 indicating that the Department of Real Property Ser- vices staff was instructed to study the presentations of the cities of Costa Mesa and Newport Beach on the proposed location of the Orange County Harbor Court on a comparative basis and submit an analysis and opinion to the Board on May 20 at 10:30 A. M. Public Utilities Commission: (a) Decision No. 75494, Case No. 5979, Investi- gation to establish rules and procedures to facilitate administration of 1957 Amendment to Vehicle Code Sections 576 and 576.5 relating to requirement that certain motor vehicles must stop at railway grade crossings. • Page 244 COUNCILMEN Index - Plant Permit Applic Boutique Bus May 12, 1969 I2 T' di R D r4 6' 0 Daylight It Saving it Time ti Lea ue R Ci*I L Planning R Comm' D rr IN Newport rr Fwy w ti C a: P C 0 CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 245 Z •� O Y F A m (b) Application No. 51053 of Pacific Lighting Service Company for authority to include in its tariff for resale natural gas service a limited rate adjustment provision for pur- chased gas cost based on Federal Power Commission Dockets Nos. RP69 -20 and RP69 -27. (c) Application No. 51054 of Southern Counties Gas Company of California for authority to include in its tariff schedules for retail and wholesale natural gas service a limited rate adjustment provision for purchased gas cost based on Federal Power Commission Dockets Nos. RP69 -20 and RP69 -27. he following communications were referred as in- .c ate d. eferred to staff for study and report, letter from oris E. Russell, 2741 Ocean Blvd., Corona del Mar, :questing permission to plant material and install a chain link fence adjacent to her home. eferred to staff for study and report, letter from, outique Bus requesting permission to operate as a .obile retail store. (See Item (c) under Business icense Applications.) eferred to Pending Legislation Committee, reso- tion of the City of Long Beach urging support to the Ltroduction of a bill providing that daylight saving me be observed nationally on a year -round basis. eferred to Pending Legislation Committee, Third egislative Digest from League of California Cities. eferred to Appointments Committee, letter from avid W. Curtis resigning from the Planning Com- iission effective June 30, 1969. eferred to staff'for reply, letter from State Depart - Lent of Public Works attaching copy of the State High - ay Engineer's freeway routing recommendation for ie Z. 2 -mile portion of State Highway Route 55 in range County between Route 1 freeway and Bay Street id asking for comments within 30 days, prior to reparation of freeway routing recommendation to the alifornia Highway Commission. Page 245 CITY OF NEWPORT BEACH Volume 22 - Page 246 Index May 12, 1969 3. The following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: Resolution No. 6979 adopting a revised map,shbwing Master the lands benefited by Master Plan facilities pursuant t< Plan Water the authority contained in Chapter 14. 33 of the Newport System Beach Municipal 'Code entitled "Water Capital Improve- ment Charges. " (A report from the Public Works Director was presented.) Resolution No. 6980 authorizing execution of a joint PCH powers agreement between the City of Newport Beach Widening/ and the County of Orange for the widening of a portion W of BBC of Pacific Coast Highway west,.of the Balboa Bay Club. (A report from the Public Works Director was •. presented.) Resolution No. 6981 authorizing Mayor and City Clerk Tract 6620 to execute a revised subdivision agreement in con- nection with Tract 6620 and authorizing the City Clerk to release the previously executed bonds now held by the City. (A report from the Public Works Director was presented. ) Resolution No. 6982 ascertaining the general prevail, Pub Wks/ rate of wage rates to be paid public works contract Contract projects. (A report from the Public Works Director Wage Scale was presented. ) Resolution No. 6983 authorizing the application for the Library establishment and improvement of library services Newport from the State of California and approval of a plan of Beach services thereunder. • 4. The City Clerk's referral of the following claims to the insurance carrier was confirmed: Claim of Western Salt Company for injury to property Western on or about January 27, 1969, allegedly occurring Salt when a wall of the San Diego Creek flood control channel gave way at a point close to the San Diego Creek Bridge and Jamboree Road, flooding claimant's salt making facility located in upper Newport Bay. Claim of John J. Bass for damages to his car when it Bass was allegedly involved in an accident with a private car on City business on January 21, 1969. • Page 246 COUNCILMEN 0 2 Index Mav 12, 1 Hamilton Azusa Western, Inc. Mariner's Library Patio Enclosure Under - g&nding Life- guard Tower Phone lineE Sewer h across Bal Isle Channel C. Mesa Sanitary District. • Resub No. 242 Resub No. 237 U CITY OF NEWPORT BEACH Volume 22 - Page 247 Summons and Complaint for Personal Injury and False Imprisonment, Robert Dennis Hamilton, plaintiff, Case No. 159553 in Superior Court for Orange County. Summons and Complaint for Money (Enforcement of Performance Bond) of Azusa Western, Inc., Plaintiff vs Far Western Pipeline, Inc., City of Newport Beach and United Bonding Insurance Company. 5. The plans and specifications for Mariner's Library patio enclosure, Contract No. 1202, were approved and the City Clerk was authorized to advertise for bids to be opened at 10:00 A. M. on May 28, 1969. (A report from the Public Works Director was presented. 6. The plans and specifications for the undergrounding of ocean front lifeguard tower telephone lines, Contract No. 1190, were approved and the City Clerk was authorized to advertise for bids to be opened at 10:00 A. M. on May 29, 1969. (A report from the Public Works Director was presented.) 7. Revision was authorized to sewer pump station and system appurtenances be't'terment program from the work as described in the budget document to construc- tion of a parallel sewer force main from Balboa Island to the mainland. (A report from the Public Works Director was presented.) 8. Preparation of an engineering services agreement with Shuirman- Simpson, Civil Engineers, was authorized to perform an engineering study of detachment of areas within the City from the Costa Mesa Sanitary District. (A report from the Public Works Director was pre- sented.) 9. The public improvements constructed in conjunction with Resubdivision 242 of Mobil Oil Co. on Coast Highway at Jamboree Road were accepted and the City Clerk was authorized to release the Faithful Perform- ance Bond and to release the Labor and Material Bond in 6 months provided no claims have been filed. (Ref. Section 11612, Subdivision Map Act). (A report from the Public Works Director was presented. ) 10. The public improvements constructed in conjunction with Resubdivision 237 of William Cagney, Placentia at Superior, were accepted and the City Clerk was authorized to release the Faithful Performance Bond and to release the Labor and Material Bond in 6 mon provided no claims have been filed. (Ref. Section 11612, Subdivision Map Act). (A report from the Public Works Director was presented.) Page 247 COUNCILMEN m a Index Lifegw Hdqtr s Bus Li Appl A Expeni Ac c ou3 • Table Ant}h, • CITY OF NEWPORT BEACH Volume 22 - Page 248 Mav 12- 1969 COUNCILMEN Z x ,n 2 O Z O N Y P A .rd 11. Construction was authorized of a series of groins oceanward of the lifeguard building in lieu of the presently planned bulkhead, Contract No. 1214. 12. The following business license applications were ap- proved subject to conditions established by the City Manager: Application of Mr. Oo's, 2600 West Coast Highway, for a dance hall license. Application of The Beachcombers Shops, Inc. to con- duct a boat slip rental business at 2633 West Coast Highway. (A report from the Harbor Coordinator was presented.) Application of Jimi's London Boutique Bus to operate a retail mobile boutique shop for purpose of retailing at different locations. Application of Robert F. Hilmer for door to door soliciting for Newport Beach Cablevision, Inc. e 13. The following expense. accounts were approved: Lt s Councilman Hirth's expense account for attendance at the California League of Cities Mayor and Councilmen' Legislative Institute in Sacramento from April 14 to April 16, 1969. Councilman Rogers' expense account for attendance at the California League of Cities Mayor and Council- men's Legislative Institute in Sacramento from April 14 to April 16, 1969. 14, The Table of Authorization was amended to delete one Senior Lifeguard position (Salary Range 35) and to add one Secretary I position (Salary Range 31) effective May 12, 1969, in the Marine Safety Department. (A report from the City Manager was presented. ) 15. The following Budget Amendments were approved: C -81, $20, 000 transfer of Budget Appropriations for making repairs to Lining at Big Canyon Reservoir from Pacific View Drive Improvements - Entrance to Big Canyon Reservoir to Water Systems Betterments Program, Water Fund. (A report from the Public Works Director was presented.) Page 248 Index May 12, 1969 Auction - Assist. League • Boys' Club of Harbor Area • Pease, Harvey • CITY OF NEWPORT BEACH Volume 22 - Page 249 16. The request of the Junior Auxiliary, Assistance League of Newport Beach (non - profit organization) to hold a silent auction on June 4, 1969 from 10:00 A. M. to 12:30 P.M. at 505 32nd St., no professional auctioneer and by invitation only to members and guests was ap- proved. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter was presented from Air California asking Council to adopt a resolution supporting their appli - cation with the Public Utilities Commission for author- ity to offer direct airline service between Orange County and Sacramento. The Mayor was instructed to direct a letter to the Motion Public Utilities Commission expressing the City's Ayes opposition to the Sacramento service by Air California and explaining in some detail the reasons for the Council's position. 2. A letter was presented from the Boys' Club of the Harbor Area stating their need for a facility in the peninsula or ocean front area of Newport Beach and asking that the City contribute the site at no cost to the Boys' Club on a dollar a year basis. The Council approved in principle the use of City Motion oceanfront property by the Boys' Club of the Harbor Ayes Area for purposes of constructing a facility to serve the recreational needs of the youth of the Peninsula, subject to the resolvement of any legal problems relating to the City's ability to allow the property to be so used, as may be specified in the City Charter or Municipal Code. CONTINUED BUSINESS: 1. A letter from Harvey D. Pease asking for a re- hearing of his application for Harbor Permit No. 258 -204, denied by Council at its meeting of April 28, was presented with a memorandum from Harbor Coordi- nator George Dawes. The request for re- hearing was denied based on the Motion facts as stated in the memorandum from the Harbor Ayes Coordinator. Page 249 COUNCILMEN xi xl Index May 12, 1969 Tract 656! • Trailer Use Police Emnl. oye e' ; ARsoc. • _1 raffic Counter ;oat Catering :oncession • CITY OF NEWPORT BEACH Volume 22 - Page 250 CURRENT BUSINESS: 1. A memorandum was presented from the Planning Director regarding the findings of the Planning Com- mission in connection with the Final Map of Tract 6565 28.21 acres consisting of 92 residential lots intended for single family homes, portion of Block 92 of Irvine'i Subdivision, located east of MacArthur Boulevard and south of Ford Road, zoned PC (Planned Community). The Final Map of Tract 6565 was approved, subject to conditions recommended by the Planning Commission, and Resolution No. 6984, authorizing execution of an agreement with Newport Hills, Inc. , subdivider, for the construction of public improvements in Tract 6565, was adopted after further reading of the resolution was waived by unanimous consent of the Council. 2. A letter from Ed Loynes, Retail Sales Manager for Subaru of California, Inc. asking permission to use a trailer for a temporary office was presented with a letter from the Building Director to Mr. Loynes in connection with his request. The request of Subaru of California, Inc. to use a trailer for a temporary office, was denied. 3. A letter from the Newport, Beach Police Employee's Association asking to be recognized as the negotiating representative for all employees with the Newport Beach Police Department was presented with a memo- randum from the City Manager. The request of the Police Employee's Association was referred to the City Manager for appropriate action. 4. A memorandum was presented from the City Manager regarding purchase of a Traffic Counter exceeding the budgeted amount by more than 10016. The purchase of a Traffic Counter at 10% over amount was approved. 5. A letter was presented from Mr. and Mrs. Jeffrey E. Lennox requesting permission to operate a floating catering concession in Newport Harbor. Pamela Lennox spoke from the audience. COUNCILMEN Motion Roll Call: Ayes Motion Ayes Motion Ayes Motion Ayes The Council explained to Mrs. Lennox the reasons for their opposition to this type'of _operation, .and the setter Motion was ordered filed. Ayes Page 250 Index May 12, 1969 Oil Sanctuary Legis R -6985 A s phalt Berms Policy • 'City Hall Expansion Orange Freeway • • CITY OF NEWPORT BEACH Volume 22 - Page 251 ADDITIONAL BUSINESS: 1. Resolution No. 6985, memorializing the Congress of the United States and the Legislature of the State of California to enact legislation which would prohibit oil exploration and production on State and Federal tide and submerged lands adjacent to the coast of California between the northerly City limits of the City of Newporl Beach and the Mexican border, was adopted after the further reading of the resolution was waived by unanimous consent of the Council. 2. Councilman Gruber made a motion to remove the asphalt berms policy statement from the table and place it on the agenda for further discussion on May which motion carried. 3. The City Manager was authorized to execute a lease agreement with the owners of the building located at 414 32nd Street for the use of approximately 1, 900 net square feet of office space, in accordance with the terms reviewed by staff with the Council at the May 12 Study Session. Stephen C. Auld spoke from the audience and requested that the matter of the route of the Orange Freeway be placed on a future Study Session so thetpublic could be heard and the City set a:firrri determinationtof what'its policy should be. Mayor Marshall explained that the matter had been dis- cussed in Study Session and that the Public Works Director and representative's' from the Freeway Committee :were directed to meet with Division Seven engineers in Los Angeles at the earliest opportunity to review the matter, and this will help the City establish a firm policy. The meeting was adjourned at 10 :30 P.M. to 7:30 P.M. on May 19, 1969. Page 251 COUNCILMEN Motion Roll Call: Ayes x x x Motion Ayes x xx xx Motion Ayes Motion Aye a x x 0 Ix m m tp