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Home My WebLink About08/26/1968 - Regular Meeting0 Seafoam Drive Vacation 1 J Seiersen Appeal • CITY OF NEWPORT BEACH Volume 22 - Page 44 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: August 26, 1968 Time of Meeting: 7:30 P, M. Place of Meeting: Council Chambers COUNCILMEN Roll Call: Present A y O ➢ m Z � � A �ny.nr �yz x Roll Call: Present x x x x x Absent x } The reading of the Minutes of the Regular Meeting of Motion x August 12, 1968 was waived, and said Minutes were approved Ayes x x x as written and ordered filed. Absent x A Resolution of Commendation to Jake Mynderse for his Motion x dedicated service and outstanding accomplishments as a Ayes x x x x municipal department head was unanimously adopted. Absent x s Mayor Marshall presented the Resolution of Commendation to Jake Mynderse and expressed the Council's gratitude and appreciation for his distinguished service as General Services Director for the City. Robert Cochran, First Aid Chairman for Orange County Red Cross, made a presentation to Fire Chief Jan Briscoe of a.Certificate of Recognition to the Newport Beach Fire Department for 10010 training in advanced Red Cross first aid. HEARINGS: 1. Mayor Marshall opened the continued public hearing in accordance with Resolution No. 6804, being a reso- lution of intention to order the closing up, vacation and abandonment of a portion of a certain street 3i known as Seafoam Drive. }j A memorandum was presented from the Public Works Director. Planning Director Ernest Mayer, Jr. presented a staff report and stated that a revised Tentative Map for Tract 6634 would make a vacation of Seafoam Drive unnecessary; therefore, it was recommended that proceedings on the vacation be terminated. Mayor Marshall closed the hearing with the unanimous consent of the Council. The proceedings on the Seafoam Drive vacation and Motion x abandonment were terminated. Ayes x x x x x Absent x 2. Mayor Marshall opened the public hearing regarding appeal of H. C. Seiersen from the decision of the Planning Commission denying Variance No. 947 for • one -foot encroachment into the west side yard and • two -foot encroachment into the east side yard for • proposed second story over a garage at 1900 -02 -04 Clay Street, Newport Beach, Lot 24, Tract 1220, in an R -2 Zone. Page 44 ,dLdex. August 26, 1968 • Lansdale Appeal ►J Adm. Fee; Zoning 0 CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 45 The findings of the Planning Commission were presented. Planning Director Ernest Mayer reported on the find- ings of the Planning Commission and H. C. Seiersen spoke from the audience and read excerpts from a letter he had presented to the Council prior to the meeting being called to order. Mrs. Donna Gallant spoke from the audience opposing Variance No. 947. Mayor Marshall closed the hearing with the unanimous consent of the Council. i The findings of the Planning Commission were sus- Motion x tained and Variance No. 947 was denied. Ayes x x x x x Absent x 3. Mayor Marshall opened the public hearing regarding the appeal of Mr. and Mrs. Phil Lansdale from the decision of the Planning Commission attaching four conditions to the granting of Variance No. 949,' "fora 516" front setback with balconies projecting 51 for . balconies projecting 216" into a 3' side yard, for three stories in height but still within 35' height and for un- enclosed balconies which makes floor area exceed the maximum allowable, at 815 E. Bay Avenue, Balboa, Zone C -1. The findings of the Planning Commission were presented. Mayor Marshall stated that Councilman Rogers had requested the hearing be continued to September 10. The public hearing was continued to September 10, 196& Motion _. Ayes x x x x x Absent x ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1272, being, AN ORDINANCE OF THE CITY OF NEWPORT . BEACH AMENDING SECTIONS 20.46. 030, 20.48.020, 20.50.030, 20.51.050, 20.54.020 AND 20. 58. 010 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO ADMINIS- TRATIVE FEES AND ZONING APPLICATIONS,. Planning Commission Amendment No. 247 which proposed to amend Titles 15, 19 and 20 of the Muliia- pal Code relating to administrative fees for signing, subdivisions and zoning application, was presented Page 45 CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 46 Index August 26, 1968 W with a memorandum from the City Attorney and the -- findings of the Planning Commission. Ordinance No. 1272 was introduced and set for public hearing on September 10, 1968. 2. Proposed Ordinance No. 1273, being, AN ORDINANCE OF THE CITY OF NEWPORT Adm. Fees BEACH AMENDING SECTIONS 19. 12. 010 AND SubdiK. 19.12'040 OF THE NEWPORT BEACH MUNICI- PAL CODE RELATING TO ADMINISTRATIVE FEES FOR SUBDIVISION APPLICATIONS, Planning Commission Amendment No. 247 which pro- posed to amend Titles 15, 19 and 20 of the Municipal Code relating to administrative fees for signing, subdivisions and zoning applications, was presented. Ordinance No. 1273 was introduced and set for public hearing on September 10, 1968. 3. Proposed Ordinance No. 1274, being, AN ORDINANCE OF THE CITY OF NEWPORT Adm. Fees BEACH AMENDING SECTION 15.16. 060 OF THE Signing NEWPORT BEACH MUNICIPAL CODE RE- LATING TO ADMINISTRATIVE FEES FOR SIGNING APPLICATIONS., Planning Commission Amendment No. 247 which proposed to amend Titles 15, 19 and 20 of the Munici- pal Code relating to administrative fees for signing, • subdivisions and zoning applications, was presented. Ordinance No. 1274 was introduced and set for public hearing on September 10, 1968. 4. Proposed Ordinance No. 1275, being, AN ORDINANCE OF THE CITY OF NEWPORT Vending BEACH AMENDING SECTION 5. 08. 055 OF THE Machine NEWPORT BEACH MUNICIPAL CODE RE- Fees LATING TO COIN MACHINES, • was presented with a memorandum from the City Attorney. Ordinance No. 1275 was introduced and passed to second reading on September 10, 1968. Page 46 Motion Ayes Absent Motion Ayes Absent Motion Ayes Absent Motion Ayes Absent x x x x x xl x x K. A m A 1 .dex W Street Closures • Tr. 6634 Fin. Mal Or. Co. Airport Land Use Comm. Stop sign Stop sigr • CITY OF NEWPORT BEACH Volume 22 - Page 47 Arnmict 2fi 14(,R COUNCILMEN Z - +ormAm ORDINANCES FOR ADOPTION: 1. Ordinance No. 1271, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 12. 62 TO THE NEWPORT BEACH MUNICIPAL CODE RE- LATING TO TEMPORARY STREET CLOSURES, authorizing the City Manager to permit temporary closure of streets for special events, was presented for second reading. Ordinance No. 1271 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 Absent x x CONTINUED BUSINESS: 1. A memorandum was presented from the Planning Director regarding the Final Map of Tract 6634, being a proposed subdivision of 41.59 acres divided into 130 lots for single family homes located in the Harbor View Hills area. The matter was referred back to the Planning Com- Motion x mission. Ayes xxxx x Absent x 3 2. The matter of requesting the Board of Supervisors Motion x of Orange County to appoint an Airport Land Use Ayes x x x x x Commission was diaried for September 10, 1968. Absent x 3 RESOLUTIONS FOR ADOPTION: 1. A memorandum was presented from the Public Works Department regarding stop control on Pacific View Drive at its entrance to San Joaquin Hills Road. Resolution No. 6860, designating intersections at . which vehicles are required to stop and directing the Motion x traffic engineer to erect necessary stop signs, was Roll Call: adopted after the reading of the resolution was waived Ayes x x x x x by unanimous consent of the Council. Absent x 3 2. A memorandum was presented from the Public Works Department regarding stop control on Nottingham-Road at Santiago Drive. Resolution No. 6861, designating intersections at which vehicles are required to stop and directing the Motion x traffic engineer to erect necessary stop signs, was Roll Call: adopted after the reading of the resolution was waived Ayes x x x x x by unanimous consent of the Council. Absent x x Page 47 CITY OF NEWPORT BEACH COUNOLMEN Volume 22 - Page 48 icy o P 2 Index August 26, 1968 3. A memorandum was presented from the Public Works 2nd St. Director regarding the acceptance of a Grant Deed Videning in connection with the 32nd Street Widening Project. Resolution No. 6862, accepting a Grant Deed from Motion x Don T. Richards and Barbara J. Richards, was Roll Call: adopted after the reading of the resolution was waived Ayes x x x x x by unanimous consent of the Council. Absent x 4. A memorandum was presented from the City Manager regarding renewal of audit contract. I Resolution No. 6863, authorizing the execution of an Ludit agreement with Stotsenberg, Binder & Co. , for Motion x :ontract auditing services, was adopted after the reading of Roll Call: the resolution was waived by unanimous consent of Ayes x x x x xi the Council. Absent x • 5. Resolution No. 6864, fixing the tax rate and levying a Pax Rate tax upon all of the taxable property within the City of Newport Beach which is taxable therein for municipal purposes and levying a special assessment tax upon the taxable property located within Assessment Dist- rict No. 50 (Balboa Island Street Lighting District); fixing the tax rate at $1.225 on each $100 of assessed value, and levying an additional tax of $. 0717 on each Motion x $100 of assessed value for Special Lighting District Roll Call: No. 50, was adopted after the reading of the resolution Ayes x x x x x was waived by unanimous consent of the Council. Absent x CURRENT BUSINESS: 1. A letter from the Success Broadcasting Company re- Motion x COCM questing an amendment to the existing lease between Roll Call: • the City of Newport Beach and Success Broadcasting Ayes x x x X x Company, was referred to staff for study and report. Absent x 2. A memorandum was presented from the Public Works ;oast Hw Department regarding Coast Highway bridge at upper 3ridge bay crossing. The revised design criteria was approved for the pro - posed new Coast Highway bridge at the upper bay crossing so that at least one span would be provided with a minimum vertical clearance of 40' above mean Motion x high tide (41.87 feet above MSL) and a minimum clear Ayes x x x x x span length of 100'. Absent x 3. A memorandum was presented from the Public Works ;ewer Director regarding Sewer Main Replacement Program, lain (C- 1145). teplacent - Subject work was accepted, and the City Clerk was Motion authorized to file a Notice of Completion and to re- Ayes x x x x x lease the bonds when so advised by the City Attorney. Absent Page 48 i CITY OF NEWPORT BEACH Volume 22 - Page 49 Jndex Anaiist 7F, 1QAR COUNCILMEN ? O Z f A A x m A 1 NO" on O© x 4. A memorandum was presented from the Public Works 2nd St. Director regarding acceptance of 32nd Street resur- tesur- facing - Newport Boulevard to Lafayette Avenue acing (C- 1163). Subject work was accepted and the City Clerk was authorized to file a Notice of Completion and to release Motion x the bonds 35 days after the Notice of Completion has Ayes x x x x been filed. Absent Rvenue 5. The New or Expanded Revenue Measures Policy Motion x ✓Ieasures Statement was adopted. Ayes x x x x 'olicy Absent iarbor 6. A memorandum was presented from the City Manager :oordina- regarding the transfer of the City Harbor Coordinator o� function. The transfer of the City Harbor Coordinator function Motion from the Public Works Department to the City Mangy- Ayes x ager's office was approved. Absent APPLICATIONS - HARBOR PERMITS: 1. A memorandum was presented from the Public Works iaudin Director regarding Harbor Permit No. A -456 -R of George Gaudin. Harbor Coordinator George Dawes reported on the dimensions in the channel. The following people spoke from the audience opposing the size of the boat to be docked at the pier: Charles Katz, Jerome Robinson, Mrs. Watson, Dennis M. Harwood, attorney for Mr. Gaudin, and Mr. Gaudin spoke from the • audience. The temporary suspension was cancelled and Harbor Motion x Permit No. A -456 -R was acknowledged as a valid Ayes x x x I permit. Absent 2. A memorandum was presented from the Public Works Iasi Director regarding Harbor Permit Application No. A- 1411 -R -1 of Anthony D. Vasi to add a 4' x 40' finger float to existing commercial float bayward of 220 - 20th Street. Harbor Permit Application No. A- 1411 -R -1 was ap- Motion x proved subject to prior approval of U. S. Corps of Ayes x x x r Engineers. Absent 3. A memorandum was presented from the Public Works Deane Director regarding Harbor Permit No. A -1196 of • J. F. Deane for use of the existing slip float located bayward of the lot No. S Collins Island by vacant at Page 49 x m A 1 NO" on O© x CITY OF NEWPORT BEACH COUNCILMEN Volume 22 Page 50 Index Au usi 26 1968 4� p p a m P m • the occupant of No. 5 Collins Island, the owner of both No. 5 and No. 8 Collins Island. Mr. J. F. Deane was granted use of the existing slip float located bayward of the vacant lot at No. 8 Col =.. Motion lins Island, subject to the condition that no boats be Ayes x x x x x moored channelward of the southeasterly finger of Absent x the slip. 4amilton 4. A memorandum was presented.from the. Public Work Director regarding Harbor Permit Application No. A -1539 of J. K. Hamilton to install a 50' x 64' double slip float and a 3' cantilevered patio deck bayward of No. 40 Linda Isle. The request for the cantilevered patio deck bayward of No. 40 Linda Isle was denied; and Harbor Permit .. No. A -1539 was approved, subject to the conditions Motion x that a County permit for non - commercial use of Ayes x x x x x County tidelands must be secured before permit is Absent x 11 issued and that slips be used only by occupant of the property. ity of 5. A memorandum was presented from the Public Work VB Director regarding Harbor Permit Applications Nos. A -1549 and A;MD of the City of Newport Beach to erect a temporary bridge over the Rivo Alto at Marcus Avenue (A -1549) and to construct a new re- inforced concrete bridge over the Rivo Alto at 38th Street (A- 1550). Harbor Permit Applications Nos. A -1549 and A -1550 Motion M were approved subject to prior approval of the U.S. Ayes x x x x x Corps of Engineers and /or the U. S. Coast Guard. Absent x APPLICATIONS - BUSINESS LICENSES: 1. The application of Harold Frederick Thackeray, Sr. , Motion x owner of Thax's Independent Caterers, 11561 Anabel, Ayes X x x x x Garden Grove, for catering truck, was approved. Absent x COMMUNICATIONS - REFERRALS: N. New- 1. A letter from Mr. and Mrs. James J. Rourke, prop - >ort Im; -: erty owners at 7400 West Ocean Front, regarding con r.mts struction of improvements in West Ocean :Front area and opposing any additional paving at the end of the Motion x street and opposing construction of an oceanfront Ayes x x x x sidewalk, was referred to staff. r Absent x A tetiremnt 2. A letter from Harold E. Young requesting that his 3enefits name be added to the petition relative to increase in Motion x retirement benefits, was referred to staff for in- Ayes x x x x x • clusion in,.ftudy. Absent x A Pape 50 CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 51 s A Z Index August 26, 1968 The City Clerk's referral of the following claims for Motion x damages to the insurance carrier was confirmed: Ayes x x x x x Absent x (a) Claim of Jean Lynn Janson by her father Russell Janson L. Janson for personal injuries allegedly sus- ' tained as a result of an incident which occurred on the beach on August 5, 1968. (b) Claim of Mrs. Donald Charles Kollanse for Kollanse damage to her automobile on June 24, 1968 allegedly caused by ruts in the alley to the rear of 513 Goldenrod Avenue, Corona del Mar. (c) Claim of Georgia Davis for personal injuries Davis allegedly received on June 26, 1968 at Las Arenas tennis court while taking instructions in tennis in the City's recreational program. "Complaint (d) Summons and for Personal Injury Spigarelli (Negligence) of Alice M. Spigarelli, Plaintiff vs. City of Newport Beach, Does I through X, Defend- ants, Case No. - 160559 in Superior Court for the County of Orange. BUDGET AMENDMENTS: 1. The following Budget Amendments were approved: Motion x Ayes x x x x x C -10, $10, 480 transfer of Budget Appropriations for Absent transfer of appropriation of Harbor Coordinator from Public Works Administrative & Engineering to City Manager - Administrative - General Fund. C -11, $35, 645 net decrease in Unappropriated Surplus ; • an increase in Budget Appropriations and decrease in Revenue Estimates for balancing final Budget as ap- proved by the City Council at the Study Session of August 12, 1968; $240 decrease in City Clerk- Adver- tising and Public Relations; $2, 960 increase in Police - Equipment N. O. C. ; $16, 055 increase in Parking Meters - Replace Parking Meter Head, III; and $16, 870 decrease in Estimated Revenue - Vending Machines, Engineering Service Fees - General Fund. C -12, $2, 730 increase in Unappropriated Surplus; an increase in Revenue Estimates to provide for an increase in County subvention for Lifeguard Services to Unappropriated Surplus -Tide and Submerged Lands Fund. C -13, $15, 000 decrease in Unappropriated Surplus and a decrease in Revenue Estimates to provide for a decrease in court fines resulting from revised parking • citation fee schedule being delayed one month from Page 51 CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 52 ,j0n S c s C Jndex August 26, 1968 X Estimated Revenue- Municipal Court Fines to Unap- propriated Surplus- Traffic Safety Fund. C -14, $1, 100 increase in Appropriated Surplus and an increase in Revenue Estimates to provide for increase revenues from bus parking at Corona del May State and City Beach Park from Estimated Revenue- Corona del Mar Parking Lot to unappropriated Surplus -Park and Recreation Fund. C -15, $486 'increase in Budget Appropriations and decrease in Unappropriated Surplus to provide for transfer of remaining surplus to Unappropriated Contingency Reserve from Unappropriated Surplus - General Fund. C -16, $852. 60 transfer of Budget Appropriations for purchase of 75 additonal copies of Civic Center Site Selection Brochure from Nondepartmental Unap- propriated Contingency Reserve to Nondepartmental- Services - Professional, Technical. A memorandum was presented from the City Manager regarding purchase of 75 additional copies of Civic Center Site Selection Brochure. COMMUNICATIONS - ADVISORY: 1. The following communications were ordered filed: Motion x Ayes x x x Absent x Letter signed by 14 home owners in the area of a va- cant lot at Balboa Boulevard and 32nd Street express- ing their thanks and appreciation to the Public Works Department for the prompt action in helping to allevi- ate the said lot. problems with Post cards from Mrs. Marie G. Goen relative to City Hall relocation and in opposition to EPS. Letter from Lynn W, Otto commending the decision of the Council on the proposed electronics protection system. Letter from R. R. Templeton opposing the proposed electronics protection system. Memorandum from William E. Lerner stating that. the "TV Surveillance" issue should be referred to the electorate. Letter from Olive I. Bosomworth proposing that a breakwater parallel to the coast would be helpful in • Page 52 i X CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 53 ndex August 26, 1968 Pam the sand erosion problem in West Newport. Letter from Harold M. Skeels, Ph.D., regarding bicycle riding on the Balboa Peninsula with Police Chief Glavas' reply to a former letter. Notice from the Public Utilities Commission of a pre - hearing conference to be held September 12 in con - nection with Southern California Edison Company's application for an increase in rates. Notice from the Public Utilities Commission regarding kybus, the resetting, of the public hearing in connection with ac. the application of Skybus, Inc. for a Certificate of Public Convenience and Necessity to October 2. Copy of a letter from. the Newport Harbor Chamber of Commerce Civic and Public Affairs Committee and the Board of Directors itemizing recommended nercial changes in the proposed parking ordinance in connect' :one with parking requirements for commercial areas..' 'rkg. Letter from the City of Costa Mesa stating its Council Vatson had gone on record in opposition to the so- called . nitiative "Watson Initiative ". Copies of agenda of Board of Supervisors meetings. held August 13, 14, 20 and 21. Copy of a letter from Senator Clair Burgener to the County Board of Supervisors regarding Senate Bill 592 amending the Brown Act. League of California Cities Legislative Bulletin dated August 7. • Letter from Mr. and Mrs. Carl Wiley in opposition to EPS on the ballot. Letter from Mr. and Mrs. John Westrem urging Council to put the EPS on the November ballot. Councilman McInnis's request to be absent from the Motion x Country September 3rd through September 11th was Ayes x x x x approved. Absent x The meeting was adjourned at 10:40 P. M., to 7:30 P, M. , Motion x August 28, 1968. Ayes x x x x Absent x CJ' yo ATTEST: 'City clerk Page 53