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HomeMy WebLinkAbout12/23/1963 - Regular MeetingIndex CITY OF NEWPORT BEACH Volume 17 - Page 155 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: December 23, 1963 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers • Roll Call: Roll Call 0 -1072 Dist Pap 35 • CA 10 0 -1073 re Wild Animals CA -109 0-1074 Dist map 15 CA -10 • The reading of the Minutes of the Regular Meeting of December 9, 1963 and the Regular Adjourned Meeting of December 10, 1963, was waived; the Minutes were apprc as written and ordered filed. HEARING: Mayor Hart opened the public hearing ,regarding Ordi- nance No. 1072, being AN ORDINANCE OF THE CITY OF NEWPORT BEA' REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 35, rezoning Lots 1 through 19, Tract 51.69 (bounded by Birch Street, Acacia Street and MacArthur Boulevard), from an Unclassified to an M -1 -A District; Planning Commission Amendment No. 176. No one desired to speak from the audience. The hearing was closed. Ordinance No. 1072 was adopted. ORDINANCES FOR INTRODUCTION: 1. Ordinance No. 107"', being AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING SECTION 4103 OF, AND ADDING A NEW SECTION 4103 AND SECTIONS 4103. 1 THROUGH 4103. 6 TO, THE NEWPORT BEACH MUNICIPAL CODE RELATING TO WILD ANIMALS, was introduced and passed to second reading. Z. Ordinance No. 1074, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 15, rezoning Lots 1 through 23, Tract 5130 from Unclassi- fied to an R -1 District; Planning Commission Amend- ment No. 161, was introduced and set for public hearing on January 13, 1964. ATTEST: Clerk Page 155 COUNCILMEN Present Motion All Ayes Motion All Ayes Motion Roll Call: Aye s Motion Roll Call: Ayes Motion Roll Call: Ayes ©©10©OIt X ©E©©©0 X xixix X X1XIX1xix Index • 01075 Ulna 10001 • CA 10 CA 15 rezon- ing 2931 E. Coast 0 HWY guide lines CA 10 CITY OF NEWPORT BEACH Volume 17.- Page 156 December 23, 1963 3. Ordinance No. 1075, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 16, rezoning Lots 13, 15, 17, 19, 21, Block 533, Corona de Mar Tract (located at 513 - 521 Goldenrod), from an R -: District to a C -.I -Z District; Planning Commission Amendment No. 177, was presented for introduction. The following letters were presented: A letter from the Newport Harbor Chamber of Commerce in favor of sub- ject rezoning; a letter from Robert C. Thomas opposing the rezoning and appealing from the decision of the Plan. ning Commission conditionally granting Use Permit No. 1000 of the Davis Furniture Company; a letter from Mr. and Mrs. William Hynes opposing the rezoning and also appealing from the decision of the Planning Commission conditionally granting Use Permit No. 1000. Ordinance No. 1075 was. introduced and set for public hearing on January 13, 1964, with the understanding th the action taken in introducing the Ordinance does not have the connotation that the proposed rezoning is approved or disapproved; and it was directed that the City Clerk.set Use Permit No. 1000 for public hearing on January 13, 1964. 4. The recommendations from the Planning Commission and vicinity.map regarding a proposed ordinance rezon- ing a portion -of Lot 2 and rezoning Lots. 3, 4 and 5, Bloc G, Tract 323, Corona del Mar, from a C -1 to a C -O -Z District, located at 2931 East Coast Highway; Planning Commission Amendment No. 173, were presented. A discussion was had. Richard Jordan spoke from the audience. The proposed ordinance was taken under submission by the Council; the Planning staff was requested to give the Council its ideas on proper guide lines, street widths, buffer zones, alleys; it was directed that the Public Works Department state its recommendations regarding fire flows and sewer flows; it was directed that recom- mendations be made regarding lot sizes and street access; and it was directed that the matter be brought back on January 13. Mayor TTEST: • C' n A Clerk Page 156 COUNCILMEN Motion Roll Call: Aye s Motion All Ayes X E,_1 xi X1 CITY OF NEWPORT BEACH Volume 17. - Page 157 Index DecPmhar 23_ 19(3 COUNCILMEN 5. Additions to non - conforming buildings: non- conform A letter was presented from the Planning Director stat- bldgs ing that. the Planning.Commission on December 19 ap- proved a proposed ordinance pertaining to additions to non - conforming buildings. 0 °1076 Ordinance No. 1076, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 9105.8 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING CA 100 TO ADDITIONS TO NON - CONFORMING BUILDINGS CA 153 was introduced and set for public hearing on January 13, Motion 1964. Roll Call: Ayes IN x xxx: CONTINUED BUSINESS: 1. A report from the City Manager and Public Works Direc for dated December 20, 1963, regarding weed abatement geed abate= assessments, was presented. The recommendations as meet suggested by the City Manager and Public Works Direc- Motion x CA 11 for were approved. All Ayes 2. Authorization: to the Mayor and City Clerk to sign a Indent- Notice of Consent in connection with the Indenture of ure of Easement to the Griffith Company for access to Newport Easement Coiffat Boulevard through the City Hall property was continued Motion x Co. for consideration when the documents. have been pre- All Ayes C -883 Pared. 3. A letter was presented from The Irvine Company. dated Tr.5435. December 19, 1963, regarding the conditional approval Final by the Council of the Tentative Map for Tract No. 5435. Map The matter was referred to the' staff for preparation of Motion CA 23 the Final Map for Tract No. 5435 and for discussion witl All Ayes The Irvine Company as per the letter. 4.' A petition bearing twenty -eight signatures opposing the access improvement of the access road to 4ittle Corona "other ®ad than resurfacing of the existing grade" on the "grounds to Ltl that the beach is already serving maximum crowds, Corona using the foot and jeep path and that to make access pos- sible for standard cars will result in great overcrowd- ing, with excessive noise, confusion and danger . . . " was presented. Councilman Lorenz made a motion that a portion of the Motion x Lorenz road work,not the Flood Control work, be abandoned. motion Mr. O. W. Hudson spoke from the audience opposing the Mayor TTEST: C ty Clerk Page 157 Index December 23, 1963 • portion of road work CA 29 SA Hgs Wtr Co C -880 CA 12 Interim • Store Improve, mesas • CA 154 0 CITY OF NEWPORT BEACH Volume 17.- Page 158 abandonment of the proposed improvement. Councilman Lorenz amended his motion and the following action was taken: It was directed that the portion of road work, not the Flood Control work, be abandoned and that the City Man ger confer with the new General Services Director and see if he can find a piece of equipment.that we now have which will properly clean the beach, and that the access road to Little Corona be improved for pedestrian access COUNCILMEN Motion All Ayes 5. A letter dated December 18, 1963, was ordered filed Motion from the Santa Ana Heights Water Company extending th All Ayes closing date on.the contract for the proposed purchase of the assets of the Santa Ana Heights Water Company. 6. A memorandum dated December 20, 1963 was presented from the City Manager and Public Works Director recommending certain projects as :Interim Storm Drain Improvements. A discussion was had._ (a) The following recommendations concerning, Items 1, Motion 2, 3 and 7 were approved: All Ayes 1. Install a new 18" storm drain and catch basin be- tween Via Lido Nord and Newport Bay at the extei sion of Via San Remo at an estimated cost of $1200. 2. Install a new 18" storm drain and catch basin be- tween Via Lido Nord and Newport Bay at the exten sion of Via Waziers at an estimated cost of $1200. 3. Install 50 feet of 24" storm drain and a new catch basin on the westerly side of Fernleaf Avenue southerly of Third Avenue at an estimated cost of $1000. 7. Replace the existing catch basin on the westerly side of Evening Canyon Road at the entrance to the storm drain that discharges into Buck Gully at an estimated cost of $1000. (b) The Public Works Director was authorized to prepare Motion plans and specifications and obtain informal bids for All Ayes the following work: 4. Install 3 additional catch basins at the intersection of Bayside Drive and Carnation Avenue at an esti- mated cost of $2400. 5. Install a new catch basin at the intersection of // _ ATTEST: city IClerk Page 158 Index • Cameo Cully CA 154 R -5894 NB •Stub C -881 CA 49 R -5895 tree removal CA 90 CA 7158 FUC re metro zones • Zone 258 CA 36 Tr, 4 CA 23 wtr. main • CITY OF NEWPORT BEACH Volume 17 - Page 159 December 23, 1963 Pacific Avenue and Begonia Avenue and a connect- ing storm drain to the intersection of Carnation Avenue and Bayside Drive at an estimated cost of $5500. 6. Install a new catch basin on the southerly side of Bayside Drive in the vicinity of Goldenrod Avenue at an estimated cost of $2000. (c) The Public Works Director was instructed to investi- Motion gate Cameo Gully and to report at the next Council All Ayes meeting on remedies to correct existing conditions. CURRENT BUSINESS: 1. Resolution No. 5894, authorizing the execution of an agreement with the Newport Beach School District for cooperative use of its recreational facilities, areas, and equipment for purposes of community recreation, was adopted. 2. Resolution No. 5895, establishing a policy for the re- moval of street trees, providing that removal of street trees requested by and substantially for the benefit of the adjoining property or property owner must be done with- out cost to the City and with written permission, was adopted. 3. A memorandum dated December 19, 1963, from the City Attorney regarding the proposal of the California. Public Utilities Commission to establish metropolitan zones for the purpose of establishing minimum rates for the trans- portation of general commodities, was presented. A dis cussion was had. COUNCILMEN Motion Roll Call: Ayes Motion Roll Call: Ayes The City Attorney was instructed to proceed with a com- Motion munication to the Public Utilities Commission, specifi- All Ayes tally recommending that Zone 258 be extended to the City limits of Newport Beach on the easterly boundaries, in- cluding Harbor View Hills and all of Corona del Mar. 4. A memorandum from the City Manager and Public Works Director recommending the acceptance of improvements in Tract No. 4981, and that the City Clerk be authorized to release the surety deposit, was presented. The recommendations were accepted and authorized. 5. A memorandum dated December 20, 1963, was present- ed from the City Manager and Public Works Director recommending acceptance of water main construction in TTEST: Page 159 Motion All Ayes Index • C -843 CA 12 Master Plan CdM CA 128 Plan B • CA 63 Atye Couanty Flock CA 173 Claims for damages Roths- child claim CA CITY OF NEWPORT BEACH Volume 17 - Page 160 December 23, 1963 Cliff Haven and Shorecliffs (Contract No. C -843) and recommending authorization to the City Clerk to file Notice of Completion and release the bonds 35 days after Notice of Completion has been filed. (Construction by Leo Weiler .Construction Co.) The recommendations were •authorized. 6. A letter dated December 20, 1963, was presented from the Planning Director referring to his recommendations, dated December 19, to the Planning Commission for a study of a Master Plan for Corona del Mar. The report was accepted, and the staff was instructed.to develop Plan B (being the employment of a local corisul- tant to make a study to be completed within six months at a cost of $2500). APPLICATIONS FOR LICENSE: The following Applications for License were approved: .1. Exempt, Roy McDade, Salvation Army, 410 East 4th Street, Santa Ana, for soliciting house to house for the purpose of collecting discarded clothing and household wares. 2. Allan'Gauntlett, representative of Field Enterprises Educational Corp. of Chicago, 20302.Birch Street, Santa Ana, for soliciting house to house, educational program for Field Enterprises in the form of Childcraft, World Book, dictionaries, and program listening equipment. COMMUNICATIONS - REFERRALS: 1. A letter dated December 13, 1963 was presented from Alton E. Allen, Chairman, City- County Dock Committee containing recommendations of said Committee made at its meeting held December 12, 196'3. The.recommenda- tions for two revisions in the draft Lease Proposal for the City- County Dock property, as set forth in subject letter, were approved, and the City Clerk was requestee to notify the Board of Supervisors of the.Council's action 2.. 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 Harry R. Rothschild regarding alleged dam- ages on November 12, 1963 to personal property, furniture, et cetera, by mud and water when sewer overflowed and entered premises at .207 Evening Can. yon Road. TTEST: Mayor City Clerk Page 160 COUNCILMEN Motion All Ayes Motion All Ayes Motion All Ayes . Motion All Ayes Motion All Ayes a \o �a � 9P 0 0 Index • Love claim for damage claim CA 84 • Loc Age Comm re CPR Sane Dist Annex CA 60 CA 108 uplands CA 70 Irvine E meet ea/ Harbor Dist CA 70 CITY OF NEWPORT BEACH Volume 17 - Page 161 December 23, 1963 . (b) Summons and Complaint for Personal Injury, served on the City Clerk on December 13 for alleged damages incurred in an accident on August 14, 1962 atintersec tion of Tustin and Del Mar Streets; Orange County Superior Court Action No. 110439 Cheryl Lea Love, a minor, by her guardian ad litem, Plaintiff, vs. County of Orange, City of Newport Beach, et al., De- ffendants. (c) Summons and Complaint for Personal Injury, served on the City Clerk on December 13 for alleged damages incurred in an accident on August 14, 1962 atintersec tion of Tustin and Del Mar Streets; Orange County Superior Court Action, No. 109430; Glenda Louise Donavan, a minor, by her guardian ad litem, Plaintiff vs. County of Orange, City of Newport Beach, et al., Defendants. 3. A letter was presented from W. E. St. John, Executive Officer, Local Agency Formation Commission, stating that a proposed annexation to Costa Mesa Sanitary Dis- trict (Annexation No. 82) will be reviewed by the Local Agency Formation Commission of Orange County on January 8, 1964 at 2:00 P.M. in the Court House. It was directed that the staff look into the proposed annexation and have the Mayor or some other representative appear at said hearing if desirable. Mayor ,Hart requested the Public Works Director to check into the matter and keep him informed. 4. In view of the fact that the Council planned to hold an ad- journed meeting to consider the proposed land exchange between The Irvine Company and the County of Orange in the Upper Bay, the following communications were . ordered filed: (a) Copy of Resolution of the Orange County Board of Supervisors stating that the County, on December 18, approved in principle the proposal of The Irvine Com- pany, submitted on May 20, 1963, to exchange certain uplands owned by said Company and certain filled land owned by the County upon certain conditions. (b) Letter to Mayor Hart from Charles S. Thomas, Pres- ident of The Irvine Company, enclosing a copy of a .letter to Kenneth Sampson, Manager, Orange County Harbor Department, indicating the desire of The Irvine Company to meet with the Harbor District staff and representatives of the City of Newport Beach to study the City's requirements. ATTEST: ity Mayor Page 161 Motion All Ayes Motion All Ayes COUNCILMEN Index Budget Amend- ment CA 102 46 re UI? 100: CA-15 staff wished happy Xmas & New Year CA 46 4preee Float CA 47 Xmas decor - ations CA 83 r�L CITY OF NEWPORT BEACH COUNCILMEN Volume 17 - Page .162 23, 1963 BUDGET AMENDMENT: The following Budget Amendment was approved: No. C -26, being an increase in Budget Appropriations and an increase in Revenue Estimates (no increase or decrease in Unappropriated Surplus), for the purchase of five palm trees to be planted in Old Newport area; $375 donated by Newport Harbor Kiwanis Club; from Donation, and Contributions, $375; to Parks, Beaches and Recrea- tion - Parks,. Horticultural Supplies. ADDITIONAL BUSINESS: 1. Councilman Cook presented a letter from Mr. F., A. Tyler of Balboa Island, appealing from the decision of the Planning Commission conditionally granting the Application of Gene V. Christensen for a Use Permit numbered 1003. The matter was set for public hearing on January 27, 1964. 2. The following Minute Resolution was adopted: RESOLVED that the staff, especially the City Attor- ney and the Public Works Director, be thanked for all their devoted services during the past year, and all of the City employees were wished a very happy Christmas and a prosperous and happy New Year. 3. Jack Barnett, Secretary- Manager of the Newport Harbor Chamber of Commerce, spoke from the audience and complimented the City employees on the Christmas Tree Float. The Newport Beach City Employees' Association was commended for its efforts in achieving the.beautiful Christmas: Tree Float. COMMUNICATIONS - ADVISORY: 1. The following communications were ordered filed.: (a) Letter from W. J. Hoskin, 1510 West Ocean. Front, commending the beautiful Christmas decorations on :the City Hall and the display by.the Forgit Hardware Company. (b) Letter from Mrs. William J. Mackwitch, 1337 Mariners Drive, stating, "Glad you are taking ,a TTEST: Mayor Page 162 - Motion . All Ayes Motion All Ayes Motion Roll Call: Ayes Motion All Ayes Motion All Ayes X Bay CA 70 upper bay CA 70 Arter- ial HW Finan Frog CA 69 Hay •Fin; Frog CA 69 CA 53 pre -eml local bldg regs CA 100 CITY OF NEWPORT BEACH Volume 17 - Page 163 December 23, 1963 opposing the trade offer of Irvine Company regarding Upper Newport Bay..... " (c) Letter from Helen Caldwell stating, "We do wish to thank you for your very wise decision regarding the upper bay of Newport Harbor, and of the upper bay road. . . . " (d) Resolution of the Orange County Board of Supervisors indicating Priority No. 100, Talbert Avenue 400 feet east of Harbor to Greenville, with an allocation of $55, 832. 87, has been established by amendment to the fiscal program for the fiscal year 1961 -62 under the Arterial Highway Financing Program. (e) Resolution of the Orange County Board of Supervisors indicating that Priority No. 137, Idaho Street, Ocean Avenue to Imperial Highway, with an allocation of $51,417.47, has been established by amendment to the fiscal program for the fiscal year 1.962 -63 under the Arterial Highway Financing Program. (f) Copies of Agendas of Orange County Board of Super- visors meetings held December 10, 11, 17 and 18. Z. A Resolution of the City. Council of the City of Anaheim recommending legislation which would prevent State Agencies from pre - empting the field of local building regulations, was presented. The staff was instructed to prepare a resolution or a inotion that will recommend legislation 'which would prevent the State from pre -empt• ing the field of local building regulations to send to the State officials. The meeting was adjourned at 9:15 P. M. to January 6, 1964 at 7:30 P. M. 0 �TTEST: Ci Page 163 Ego Motion All Ayes Motion All Ayes COUNCILMEN