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HomeMy WebLinkAbout09/23/1968 - Regular MeetingJ A A CITY OF NEWPORT BEACH Volume 22 - Page 73 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: September 23, 1968 Time of Meeting: 7:30 P. M. ,m(ndex Place of Meetine: Council Chambers COUNCILMEN � x ? o z f a a m Roll Call: Roll Call: Present x x x x x Absent x The reading of the Minutes of the Regular Meeting of Motion x September 10, 1968 was waived, and said Minutes were Ayes x x x x x approved as written and ordered filed. Absent x HEARINGS: 1. Mayor Marshall opened the public hearing regarding :)hnson the appeal of O. V. Riley from the decision of the ppeal Planning Commission reaffirming the granting of Variance No. 942 to Doris Irene Johnson for the extension of front of the house and addition of second floor and pool at 2804 Ocean Boulevard, Corona del Mar, Lot 7 and portion of Lot 8, Block 34, in an R -1 Zone. A letter from Robert L. Humphreys, Attorney for Appellant, requesting that the matter again be set for public hearing was presented with the findings of the Planning Commission. Planning Director Ernest Mayer, Jr. reported on the findings of the Planning Commission. The following people spoke from the audience re- questing that Variance No. 942 be denied: Attorney Robert Humphreys, Roger Bennett, Miss Carter and O. V. Riley. The following people spoke from the audience in favor of Variance No. 942; Lyle Buttermore, Attorney Eugene Kirkpatrick and Mrs. Lois Vogel. Mayor Marshall closed the hearing with the unanimous consent of the Council. The findings of the Planning Commission were over- Motion x ruled and Variance No. 942 was denied. Ayes x x x x Noes x Ab s ent x 2. Mayor Marshall opened the public hearing in accord - eed ance with Resolution No. 6869, declaring that -weeds 5atement and other public nuisances exist upon streets, alleys, sidewalks, parkways, and private property within the City, declaring that said weeds and public nuisances must be abated, setting the time and place fora Page 73 H: hi CITY OF NEWPORT BEACH Volume 22 - Page 74 Akdex September 23, 1968 COUNCILMEN s N Z N r N x p public hearing at which the City Council will consider protests from persons objecting to the proposed destruction or removal of such public nuisances by the City, and directing the Fire Chief to give notice of the passage of the resolution and of the public hearing. Mr. W. J. Richardson, owner of Parcel 049 - 040 -29, questioned the cleaning on his hillside property. Robert J. Brandt, 2953 Cliff Drive, requested per- mission to burn the grass on his hillside property. The protestants were advised to contact the Fire Chief. Mayor Marshall closed the hearing with the unanimous consent of the Council. All protests were overruled; and Resolution No. 6873, . ordering the Fire Chief to abate weeds and other public nuisances existing upon streets, alleys, side- Motion x walks, parkways and private property within the City, Roll Call: was adopted after the reading of the resolution was Ayes x x x x x waived by unanimous consent of the Council. Absent x ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1281, being, Itch- AN ORDINANCE OF THE CITY OF NEWPORT king BEACH ADDING CHAPTER 10. 09 TO TITLE 10 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO HITCHHIKING, prohibiting hitchhiking within the City was presented with a memorandum from the City Manager. • Sam Cohen and Haskell Shapiro spoke from the audi- ence opposing the hitchhiking ordinance. Robert J. Brandt spoke from the audience in favor of the ordinance. The proposed ordinance was referred back to staff to Motion x explore the possibilities of some other method of Ayes x x x x x control. Noes Absent x Page 74 CITY OF NEWPORT BEACH Volume 22 - Page 75 1dex September 23, 1968 2. Proposed Ordinance No. 1282, being, Com'l Zon Street AN ORDINANCE OF THE CITY OF NEWPORT Improve- BEACH ADDING CHAPTER 13.05 TO TITLE 13 ments - I OF THE NEWPORT BEACH MUNICIPAL CODE Dedications ENTITLED "STREET IMPROVEMENTS AND DEDICATIONS, " requiring improvement and dedication of one -half of street adjacent to building site in connection with construction of a building or 25% enlargement of a building in any commercial zone which abuts a street, was presented with a memorandum from the City Attorney, and a letter from the Newport Harbor Chamber of Commerce supporting the proposed street dedication ordinance. • Ordinance No. 1282 was introduced and passed to second reading on October 7, 1968. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1276, being, Parades, AN ORDINANCE OF THE CITY OF NEWPORT Assem- BEACH ADDING CHAPTER 13. 16 TO TITLE 13 blies OF THE NEWPORT BEACH MUNICIPAL CODE REGULATING MEETINGS, ASSEMBLIES AND PARADES ON THE PUBLIC STREETS AND SIDE- WALKS, was presented for second reading. Patricia Herzog spoke from the audience and ques- tioned the constitutionality of the ordinance. Ordinance No. 1276 was referred back to the City Attorney for further refinement and perhaps division into two separate ordinances. 2. Ordinance No. 1277, being, Motion AN ORDINANCE OF THE CITY OF NEWPORT Picture & BEACH AMENDING SECTION 5. 46. 030 OF TV Fees TITLE 5 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO REGULATIONS OF MOTION PICTURE AND TELEVISION PRODUCTIONS ON PUB LIC PROPERTY, reducing application and daily fees for applicants maintaining permanent places of business in the City, was presented for second reading. Page 75 Motion Ayes Absent Motion Ayes Absent COUNCILMEN x x x xl CITY OF NEWPORT BEACH Volume 22 - Page 76 A&ndex September 23, 1968 Ordinance No. 1277 was adopted after the reading of the ordinance was waived by unanimous consent of the Council. 3. Ordinance No. 1278, being, Abandoned AN ORDINANCE OF THE CITY OF NEWPORT Vehicles BEACH ADDING CHAPTER 10. 52 TO TITLE 10 OF THE NEWPORT BEACH MUNICIPAL CODE PROVIDING FOR THE ABATEMENT AND RE- MOVAL AS PUBLIC NUISANCES OF ABANDONED WRECKED, DISMANTLED OR INOPERATIVE. VEHICLES OR PARTS THEREOF FROM PUBLIC AND PRIVATE PROPERTY, EXCLUDING HIGH- WAYS, prohibiting parking or storing of such vehicles or parts thereof for a period in excess of five days unless completely enclosed within a building, was presented for second reading. Ordinance No. 1278 was adopted after the reading of the Ordinance was waived by unanimous consent of the Council. 4. Ordinance No. 1279, being, Uniform AN ORDINANCE OF THE CITY OF NEWPORT Housing BEACH ADDING CHAPTER 15.06 TO TITLE 15 Code OF THE NEWPORT BEACH MUNICIPAL.CODE TO PROVIDE FOR A UNIFORM HOUSING CODE, • was presented for second reading. Ordinance No. 1279 was adopted after the reading of the ordinance was waived by unanimous consent of the Council. 5. Ordinance No. 1280, being, Uniform AN ORDINANCE OF THE CITY OF NEWPORT. Mechani- BEACH ADDING CHAPTER 15.05 TO TITLE 15 cal Code OF THE NEWPORT BEACH MUNICIPAL CODE TO PROVIDE FOR A UNIFORM MECHANICAL CODE, was presented for second reading. Ordinance No. 1280 was adopted after the reading of the ordinance was waived by unanimous consent of the Council. Page 76 COUNCILMEN Z q r c Motion x Roll Call: Ayes x x Abstain x Absent Motion Roll Call: Ayes Absent x Motion x Roll Call: Ayes x x x x x Absent x Motion Roll Call: Ayes Absent x ,&dex W Success Broad- casting Company Or. Co. Water District v Chino r , PCH Widening BBC Phase II r1 U meal Coat Program 1968 -69 Part II olton Street end 0 CITY OF NEWPORT BEACH Volume 22 - Page 77 September 23, 1968 RESOLUTIONS FOR ADOPTION: 1. A memorandum was presented from the City Attorney regarding Success Broadcasting Company's request for extension of lease. Resolution No. 6874, authorizing the execution of a new license agreement with Success Broadcasting Company, was adopted after the reading of the reso- lution was waived by unanimous consent of the Council. 2. A memorandum was presented from the City Attorney regarding litigation, Orange County Water District v. City of Chino. Resolution No. 6875, approving the proposed settle- ment of the litigation involving the determination of water rights in the'Santa Ana River System entitled "Orange County Water District v. City of Chino, Superior Court Case No. 117628" and authorizing the Mayor and City Attorney to execute a stipulation re dismissal of certain named cross - defendants in- cluding the City of Newport Beach, was adopted after the reading of the resolution was waived by unanimous consent of the Council. CURRENT BUSINESS: 1. A memorandum was presented from the Public Works Director regarding acceptance of widening of Pacific Coa.s.t_Highway adjacent to the Balboa Bay Club, Phase II, 1968 -69, Contract 1174. Subject work was accepted and the City Clerk was authorized to file a Notice of Completion and to re- lease the bonds 35 days after Notice of Completion has been filed. 2. A memorandum was presented from the Public Works Director regarding Seal Coat Program, 1968 -69, Part II (Gilsonite Seal) Contract 1170. Subject work was accepted and the City Clerk was authorized to file a Notice of Completion and to re- lease the bonds 35 days after the Notice of Completion has been filed. 3. A memorandum was presented from the Public Works Director regarding design of the Colton Street end in West Newport. The proposed design for the Colton Street end was approved with the stipulation that the plantings to be Page 77 COUNCILMEN Motion Roll Call: Ayes Absent Motion Roll Call: Ayes Absent Motion Ayes Absent Motion Ayes Absent x X 0 X x X xxx AMLndex W Curb cut Corona del Mar Li- brary Addition Street Piing Permit Expense Accounts • CITY OF NEWPORT BEACH Volume 22 - Page 78 September 23, 1968 installed be subject to approval of the Parks, Beaches and Recreation Director and that the adjoining property owners be responsible for putting in a hose bib; and Motion the_curb cut of Mr. W. R. Martin at 6700 West Ocean Ayes Front was approved. Absent 4. A memorandum was presented from the Public Works Department regarding addition to the Corona del Mar Library, Contract 1158. Change Order No. 1 for the Corona del Mar Library Motion Addition, Contract No. 1158, was approved in the Ayes amount of $541. Absent 5. A letter from Robert R. Romer regarding application for a Street Planting Permit at West Ocean Front and 61st Street, was presented with a letter from the Parks, Beaches and Recreation Director to Mr. Romer ordering removal of certain encroachments. The matter was referred back to the staff for pre- Motion paration of plans and it was ordered that the Parks, Ayes Beaches and Recreation Director's letter regarding Absent the encroachments be held in abeyance pending ap- proval of plans. 6. The expense account of City Manager Harvey L. Hurlburt for attendance at the League of California Motion Cities Institute of Labor Relations in San Francisco, Ayes September 5 -6, 1968, was approved. Absent 7. A report from the City Attorney on Current Litigation Motion was ordered filed. Ayes Absent APPLICATIONS - BUSINESS LICENSES: 1. The following applications were approved: (a) Exempt application of Altha T. McElroy, Field Enterprise Corp. , Chicago, Ill. for sale of World Book, door to door soliciting. (b) Exempt application_ of Barbara J. Orahood, Field Enterprise Corp. ,'Chicago, Ill. for sale of World Book, door to door soliciting. Page 78 Motion Ayes Absent COUNCILMEN x i m `A x X X © © ©©M© x xxx x x X x xxx x X x xlx ,&dex W Holter Movie - Iand Animals • .Pafaaw of • Calif. Cities CITY OF NEWPORT BEACH Volume 22 - Page 79 September 23, 1968 Z. Harbor Coordinator George Dawes gave a staff report on Business License application of A. C. Beard; and the following application was approved: Application of A. C. Beard, Beard's Aircraft - Marine Industries, 2312 Newport Boulevard, for 16 slip rentals at 2312 Newport Boulevard. 3. A letter was presented from W. F. Becher, local agent for Holter Movieland Animals, requesting a sub- stantial reduction in the daily license fee due to in- correct classification. Mr. Bill Flood, Promotional Director for the West - cliff Plaza Merchants Association, and Bill Becher spoke from the audience. The following applications for special events licenses were approved: (a) Application of the Westcliff Plaza Merchants Association, 17th and Irvine Avenues, to have an education animal special event at the Plaza October 28 through November 2, 1968. (b) Application of W. F. Becher, local agent for Holter Movieland Animals, to bring Gene Holter's special event to Westcliff Plaza from October 28 to November 2, inclusive. COMMUNICATIONS - REFERRALS: 1. A letter from the League of California Cities asking that the City designate a voting representative and an alternate voting representative for the Annual League Conference in Los Angeles, October 13 -•16, was presented. Mayor Marshall was designated as the voting delegate and Vice Mayor Parsons as the voting alternate to represent the City at the Annual League Conference in Los Angeles. Motion Ayes Absent Motion Ayes Absent COUNCILMEN �o im© x xi x IXIXIXI IXI Motion x' Ayes x x xi Absent orona 2. A request from the Board of Library Trustees for ;A1 Mar permission for the Friends of the Library to hold a Motion .ihrary fund - raising pre- dedication reception at the Corona Ayes '.ddition del Mar Library was granted. - Absent Page 79 x O ©© Or Co Airport Oper & Developml Policy Review C ommitt e 4 • Civic Center E • CITY OF NEWPORT BEACH Volume 22 - Page 80 September 23, 1968 3. A letter from Elmer L. Brown, Chairman, Airport Committee, Pegasus Homeowners Association, regarding the air transportation problem and enclosing a copy of a letter he had sent to the Orange County Airport Commissioners, was referred to staff for reply. ADDITIONAL BUSINESS: 1. Mayor Marshall nominated Councilman McInnis as Chairman and Councilman Hirth as member of a Council ad hoc committee for the purpose of reviewing Council Policy.for Financing Capital Improvements on Undeveloped Land Within the City. Said nominations were approved; and Councilman McInnis and Hirth were appointed to serve as members of the Policy Review Committee. Z. The Civic Center Negotiating Committee was author- ized to consider and select a qualified M.A. I, ap- praiser to prepare appraisals of the existing 4i acre City Hall site, known as Site "A ", and the 19 acre proposed Civic Center site, known as Site "C "; and based on the final selection of the Committee, the Mayor was authorized to enter into and sign an agree- ment on behalf of the City for the proposed appraisal work. COMMUNICATIONS - ADVISORY: 1. The following communications were ordered filed: (a) Agenda of the Orange County Board of Supervisors meetings held September 10, 11, 17 and 18, 1968. (b) Notice from the Public Utilities Commission that the application of Southern California Edison Company to increase its rates for electric service has been set for hearing on Wednesday, Sep- tember 25 at 10:00 A. M. , 107 South Broadway, Los Angeles. 2. A letter from the City of Tehachapi regarding the death of its Chief of Police as a result of gunshot wounds received while serving a warrant for arrest and stating they have requested their assemblyman to propose a bill before the Legislature requiring a Page 80 Motion Ayes Absent Motion Ayes Absent Motion Ayes Ab s ent Motion Ayes Absent COUNCILMEN ,idex September 23, 1968 W Beach Erosion i -)r Co ^.i rport ,, at son n itiati ve �J Upper . ewport ;ay Land :xrhange 40 CITY OF NEWPORT BEACH Volume 22 - Page 81 minimum sentence of five years for anyone attacking a policeman or fireman and that priority be given to cases involving the death of an officer or fireman, was Motion referred to the Legislative Committee for such action Ayes as deemed appropriate. Absent 3. The following letters were ordered filed: Motion Ayes (a) Letter from James Stamp and Mrs. Mort Aden of Absent 4203 and 4201 Seashore Drive, respectively, regarding payment to the City for sandbags and asking for a refund. (b) Letter from James Stamp and Mrs. Mort Aden rescinding their request for reimbursement and stating they are "deeply indebted for the fine work of the City staff and the Corps of Engineers.' 4. The following letters were ordered filed: Motion Ayes (a) Phase 1, Master Plan of Air Transportation for Absent Orange County: (1) Letter from Assemblyman Badham acknow- ledging receipt of Resolution No. 6854. (2) Copy of Action of Council of San Clemente showing their discussion of the matter which was tabled to the next meeting. (3) Letter from the City of Stanton acknowledging receipt of Resolution No. 6854 and stating the council went on record to endorse and support the four point program recommended in the Pereira Report. (b) Letter from the Coastal Municipal Water District enclosing its resolution opposing the proposed "Watson Amendment. " (c) Letter from the City of Huntington Beach enclosing copy of its resolution opposing the "Watson Amendment. " (d) Postcards from 10 persons stating that the court case testing the legality of the exchange of lands between Orange County and Irvine Company con- cerning Upper Newport Harbor Bay affects New- port Beach more than any other area and request- ing Council representation in Court. The meeting was adjourned at 10:20 P. M. to 7:30 P. M., Motion October 7, 1968. Ayes 6& Absent Page 81 COUNCILMEN x x Ea "s m A