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Home My WebLink About10/10/1960 - Regular MeetingIndex Krieg app. fc rezonix co:, from 9 -12 -61 CA 10 • Ord. 940 • CITY OF NEWPORT BEACH Page: 65. - Volume. 14 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date. of Meeting: October 10, 1960 Time of Meeting: .7-.30 P.M. COUNCILMEN F yap r-lace OI Meeting: 0 Roll Call: Present x x x x x X.X. The reading of the Minutes of September 26„ 1960,. and October 3, 1960, was waived,, the Minutes were approved Motion as, written and ordered filed. All Ayes Mayor Stoddard.presented.the Mayor of Huntington• Beach, Ernest Gisler,: and he, introduced other City officials. of Huntington !Beach who,were in.the audience: to observeahe "voting by lights. HEARINGS: 1. (Agenda.Item E -1) Mayor Stoddard opened the - hearing which. had been continued..from September 12,. 1960, re- garding the. application of R. M. Krieg;,to, rezone Lots 24 r . to. 46„ inclusive, Block 1, Tract No. 518, from an R -1 g . to an R -2 District, .located. at 1501. to. 1589 Miramar 'Drive, Balboa, (Planning Commission Amendment No. 94). The findings, of the Planning Commission; &letter from Attorney Robert Hurwitz, representing.the.petition- er;, letters. opposing the. proposed. rezoning from, .the Balboa Peninsula Point Association; George W. Gurr, Jr.; George W. Gurr, and Miriam Burt Gurr; were pre- sented. Attorney Robert Hurwitz. spoke from -the audience. and stated that he. represented, in addition -to applicant R. M. Krieg, fourteen property ownbrs,in- subject block petitioning. for the. proposed rezoning. Attorney Hurwitz stated-that the. present zoning, of the. property is discrimi- natory and deprives. applicants. of the: full use. of their property, that if the: rezoning. were approved only a slight increase: in.traffic -would be, generated. The, following people. participated, in. the. discussion opposing the, rezoning: Charles Cotton; George W. Gurr, Jr. ;,Ted- Witmer; George Mauser, President of the Balboa Peninsula Point Association. The following people participated in the, discussion in .favor of the proposed. rezoning: Wesley S_mith,: Hal Beardsley„ Joe Howard. The hearing, was. closed. Motion x All Ayes The, findings, of the Planning, Commission -were: sustained - and it was dire cted..that the. zoning, of Lots. 24 to, 46, Motion x inclusive, Block 1„ Tract No. 5 -18, remain R -1. All Ayes 2. ,(Agenda, ltem E -2); Ordinance No.. 940,. being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 9106.23 AND 9106.33 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO PLANNING AND ZO G, ATTEST: �ova_ City Cl rk Page 65 Index • Ord. 940 adopte CA 10 Weed Abate- ment Tr 77� CA -11 Letter & care re benche CA 74 Bldg, Dept. refunc to Macco & Kidc CA 10( • Claim for Damage CA 84 Irvine Terrac IF al CA 69 �i- CITY OF NEWPORT BEACH COUNCILMEN Page: 66 - Volume. 14 O �+ O O O m3 N u,O P N ✓' � Z O O wcauuor. av, a7.r ! enabling the Planning Commission to require off- street parking, as. a condition of a Use Permit or Variance in a district which does not require off - street parking ,,(Planning Commission Amendment No. 98), was.pre- sented. for second reading- and public hearing. Mayor d. Stoddard opened the hearing. No.one desired to speak Motion x from the audience. The hearing was. closed. All Ayes Ordinance.No. 940 was.adopted. Motion x Roll Call: .Ayes x.xx.xx x 3. (Agenda Item E -3) Mayor Stoddard opened the hearing regarding Weed Abatement, Tract No. 772,. in accordanc with Resolution No.. 5307. 'No -one desired to protest or Motion ...x speak from the audience. The, hearing was closed. All Ayes The Street Superintendent was ordered to abate the Motion ..x nuisance. All Ayes COMMUNICATIONS: 1, ,(Agenda Items.F -1,; 2) A.letter from Mrs. Wayne Hunter, 318 Grand Canal, opposing the_ removal of .the; benches from Marine Avenue; and a.postcard. from Mrs. Helena Hargrave,. 314 Grand Canal, requesting the. return of benches. on Marine. Avenue; were, referred to the Balboa Motion -x Island Control Measures: Fact Finding Study Committee. All Ayes 2. ,(Agenda Items_ F =3, 4), A letter from Macco Corporation, requesting. a refund of $176. 50, comprised of Building Permit fee, P1an,Check fee, 3/4 inch Water Meter fee, and Sewer Permit;. and the. request of Kidder: Incorporate .for a refund in the. amount of $8. 00, for Plumbing Permit r . both referring to the. proposed construction of a dwelling on Lot 62, .Tract No. 3519, which will not be. constructed, were. presented. The recommendations of the Director. o Building. and Safety and..the Director of Finance, in a memorandum dated October 7, 1960,. were presented. A refund to Macco Corporation, in the. amount of $143. 50, and .to, Kidder Incorporated,. in the amount of $8. 00,: were authorized. in accordance with the recommendations, of the Director of Building and Safety and the Director of Motion x Finance. All Ayes 3. (Agenda Item F -5) The Claim for Damages of Mrs. Ethel Pennewell,, alleging general damages in the amount of $10, 000. for injuries sustained when she tripped and fell on a water meter cover between 34th and 35th Streets, Newport Beach,. July 20,, 1960, was denied and the City Clerk's action,. in referring the matter to the insurance Motion x carriers, was.confirmed. All Ayes 4. (Agenda Item F -6) A copy of a letter from the. Irvine Terrace Homeowners' Association, addressed to Mr. A. L. Himelhock, District Engineer, Division of Highways, urging the, immediate. construction of .traffic channeli- zation and signal at the. trance: to -I 7 =67 _pAV°T T ES T :v1- �YJ l \ti' ��Lina Page 66 Mayor Gity Gldrk % NXS 'V Index Claim for Damage CA 84 Fjord St & 61st St aband( meet CA 14 • Tr 77, Asses: Dist CA 23 Probl( re commei cial fishii boats CA 41 11 Walker lette: re st drain CA 83 Prop No. 1 coner. on No 8 bal • CA 12 CITY OF NEWPORT BEACH Page, 67 - Volume 14 COUNCILMEN \� N� "'041FOO. wctooer iv, iyov) on Coast Highway, protesting the: delay,, was ordered Motion x filed. All Ayes 5. ,(Agenda,.Item F -7) The Claim for Damages of John F. Farwell, regarding, an- accident which occurred on S September 22,, 1960,; when -a City truck, is. alleged to have backed into claimant's. car parked on Collins- Avenue, Balboa..Island, was.denied and the City Clerk's action, in referring the matter to theinsurance carriers, was Motion x confirmed. All Ayes 6. (Agenda Item F -8) A letter was presented from the Signal Oil and Gas Company, requesting the. abandonment of a .portion of "Fjord - Street" and a portion of 61st Street in - exchange. for said company' s. deed. to the, City for street purposes,. the 20 foot strip along the northerly line of "Fjord," as indicated on a map, Tract No. 772. The .matter was, referred to the, City Manager. to confer with Motion Mr: Ayres, Signal Oil Company, and the City Attorney, All Ayes if he is involved, so. that a more precise. and complete offer. can, be. made. 7. (Agenda Item F -9) A petition from Stanley Blackburn, re- questing the� Council. to. take. the necessary steps to form an assessment district to pay for the. cost of improve- ments of Fern and Canal Streets, Tract No. 772, was .ordered filed with .the -other petitions concerning the Motion. matter. All Ayes (Agenda Items F -10,, 11) A letter. from George Mauser, President, Balboa Peninsula Point Association,. calling attention to ........ a problem developing at the. courtesy pier on Channel Road, near the. end. of the Balboa pen- insula;" and a letter from the Balboa Pavilion Company, objecting to statements, made. in .the. aforementioned letter from the Balboa. Peninsula Point Association, were referred to the City Manager to investigate and.to discuss Motion x with the Balboa Peninsula Point Association, and with All Ayes ,the, boat operators. Mr. Mauser spoke. from the. audience 79. (Agenda.Item F -12) A letter was.presented from G. Ernest Walker, thanking the Council for prompt action in installing, a storm drain at Seashore Drive. and Nordina, as requested, stating credit is due Mr. Simpson, Engi- neering Department, and various workmen, for the efficient manner in which..they cooperated to complete the. project. Said letter was ordered filed and it was Motion x directed that it be. called:to the attention of Mr. Simpson, All Ayes the Public Works Director. 10.(Agenda.Items F -13 and. 14) A letter from .the.Feather River Project Association, endorsing Proposition 1 on the November.:8 ballot, and. a letter from the Metropolitan 3 t'- Water District, transmitting a copy of a::telegram sent to ° Governor Edmund G. Brown, regarding .the, contract to be L t submitted. to the voters on November 8, were:ordered Motion x filed. All Ayes �^ Mr. Tedi Witmer spoke rom the. audien(ce. TEST: Ci _t / oo^ Page 67 Mayor Jv s — City C1 rk )AS Index E ABC licer CA 6: Gaidt lettE re eases CA 2� PB&R lette af Ca4S VancE leteE re Ox 741 CA 7L Oran€ Count Airpc expar. Sion CA 64 C69 C Licer App. CA 6° • CITY OF NEWPORT BEACH COUNCILMEN Page: 68 - Volume; 14 r n,.«..i..._ In ioGm ll.(Agenda,Item F -15): The following copies of Applications Motion x for Alcoholic Beverage License were ordered filed: All Ayes (a) Person to, person transfer, off- sale:beer' and wine, s s Thomas�E. Bell, "Mobil Marine Station," 503 'East Edgewater,: Balboa. (b) New on -sale beer and wine, Dotti M. and Jack B. Stephens, "Tiki," 417 -29.th Street, Newport Beach. .k 12.(Agenda Item F -16) A letter from Jack A. Geiduk,, re- r questing release, of easement for street purposes, et . cetera, . in regard to Lots 16 and. 17, Block 46, River ,er t . Section, wasreferred to .the Public Works Director for Motion x study and report, back. on October 18„ 1960. All Ayes 13.(Agenda.Item F -17) A letter was. ordered. filed from A. Motion x r W. Snyder, Chairman of the Parks,; Beaches and Recre- All Ayes pi ec ation'Commission, expressing, appreciation. for the .presentation of improvements. at the Corona del Mar State.and City Beach on October 1; and.a carbon copy of a.letter from the Commission to the, City Manager, ex- pressing appreciation.to, him for. the presentation on October 1. 14.(Agenda. Item F -18) A letter from. Jack O. Vance, on- closing a copy of Ordinance: No. 741 and. Judge Thompson's d letter of September 17,. 1955, containing his ruling, on the validity of Ordinance •No.,.741, was taken under advise- Motion x ment for conside, ration atthe, next study session. All Ayes .e 15.Mayor Stoddard ..presented. a letter from the Mariners y -Community Association, in which the, Council is requeste rt to give. a.formal expression of its position concerning the ° propose&Orange -County Airport Expansion Program which has been considered by.the Board of Supervisors. A "Council Policy Re Expansion of Orange County Airport Facilities, "dated October 10,. 1960, was adopted, which, Motion x in essence, states that.the Council. desires to retain a All Ayes local feeder airport as.now operated. RECESS. for five. minutes, was.declared by Mayor Stoddard, The meeting reconvened with all members. present, APPLICATIONS,FOR LICENSE- Se (Agenda- Items -G -1, 2) The. following Applications for Licens Motion x .were approved: All Ayes 1. Exempt, Harriet S. Gould, Treasurer of the Coastline Chapter of the-American Association for United Nations, 2025- West Balboa Boulevard, Newport Beach; house -to- house soliciting for funds.on Halloween Day, October 31, 1960, for the, United Nations - ,Children' s, Fund, United Nations, New York; annual "Trick or Treat" program to raise. funds for the.UNIC-1-. ATTEST: Mayo ;_,� G City Cller Page 68 Index • Cert of Public Conv, CA 25 • Pier Permit CA 13C Ord 939 0 re parkin CA 22 R 531, adopt( C 699 • CITY OF NEWPORT BEACH COUNCILMEN Page. 69 - Volume 14 x r; o Z m� NZLLOo ,kUCEODeI iv,; L70VI 2. Lee. L. Penfold; Checker Cab Company,. for Certificate of Public Convenience -and Necessity for two additional taxicabs. Mr. Herman Tate of the Yellow and Mesa Cab, spoke from the. audience. requesting that full consideration be given the. granting of Mr. Penfold's request for additional cabs. The Council rescinded its. action in approving the- appli- !cation of Lee L. Penfold, Checker Cab Company, for Motion x Certificate of Public Convenience and Necessity for two Ayes x x x x x x additional taxicabs. Noes The matter was, held over until the, next meeting on October 18,, 1960, and it was,directed that both owners of Motion taxicabs be notified to be present at the.meeting. All Ayes PIER PERMIT: (Agenda Item H) The. recommendation of J. B. Webb, City Engineer, Secretary of the, Joint Harbor Committee, that the application of A. S. Nahas,for permission.to construct pleasure.pier and slip float bayward of Lot 4, Tract 2094, being 2115 Bayside Drive, be.granted; stating the proposed installation conforms in all respects to requirements. of the Joint Harbor Committee and the City„ was..presented.. The matter was held over for recommendation from the,Joint Motion x Harbor Committee. All Ayes ADDITIONAL BUSINESS: 1. ,(Agenda Item I -1) Ordinance No. 939, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 3266 AND 3281 OF THE NEWPOR BEACH MUNICIPAL CODE RELATING TO PARKING, prohibiting the parking on roadways-for the purpose of sale, hire or rental of the vehicle.or property.thereon; and the greasing or. repairing of the vehicle thereon; permitting the Council to designate alleys in which park- ing is permitted when signs. are posted giving notice of the designation, was. presented for second reading. Ordinance No.. 939. was amended by adding the. word Motion x - "painting" to be inserted in the list of prohibitions, under Roll Call: Section 3266, and passed to second reading, Ayes , x xxxxxx 2. (Agenda.Item I -2); Resolution No. 5317,: canceling a con- tract with Goode.& Schroeder, Inc., for the improvement of Parking Lot B on Corona, del Mar State and City Beach Park, ordering the reimbursement of the contractor for Motion x out -of- pocket expenditures in the amount of $608.40, was Roll Call: Adopted. Ayes NXXXXXX 3. ,(Agenda Item I -3) A letter from A. W. Snyder, Chairman of the Parks, Beaches d Recreation�Ci�4n itss'on, /fit/ ATTEST:;,aLY . May ' City Cl r g Page 69 Ir P; S1 Ra Ni CA Bo c+ R1 No C, R D, I'. T R a C. B r, C, P n p R a C, R C R P C' C M C C F S R ii CITY OF NEWPORT BEACH Page. 70 - Volume. 14 COUNCILMEN pex kVOLvuvl LV,, a7.v1 transmitting "Park Standards-Report No.. 1;', was. receiveoc 'k and taken under advisement. to be. calendared for the :ands ds October 31,. 1960, study session and to have any inter- Motion x :port ested. parties present. All Ayes ). 1 t 49 4..(Age.nda.Item I -4) A letter from A. W. Snyder, Chairman :auti i° of the Parks, Beaches. and Recreation Commission, ttion transmitting "Beautification Recommendations, Report No sport 1," was received and taken under advisement to be �• 1 calendaredfor..the October 31,, 1960, study session and Motion x i 49 to have any interested- parties.present. All Ayes 5318 5. (Agenda Item I -5) Resolution No. 5318, accepting a'Deed Motion x .ed to, Irvine Terrace Park. from The Irvine Company, was Roll Call: .vine adopted. Ayes x x x x x x x =acei irk lopted Mr. James Callahan and Mr. W. Allen Grubb spoke from k 49 the audience. 6. ,(Agenda Item I -6). The report, from the City Manager, Lue B ( et numbered 60 -61 -4, dated October 7, 1960, concerning Motion x sport the Blue Beet, was .ordered filed. All Ayes 1 37 7• (Agenda )Item I -7) A report from the,City Manager on arson s1 two proposed personnel positions was presented. 3siti ns 5319 The Public Works, Budget was _amended, reclassifying Motion x lop4t5 ec one Civil_ Engineering position. to Engineering Aide. All Ayes k Resolution,No. 5319,. amending Schedule "A" of the Motion x -Classification Plan and Salary Ranges. and Rates„ relating Roll Call: to Park Superintendent, was-adopted. . Ayes . x x x x x x x 5320 8. ,(Agenda Item I -8) Resolution No. 5320,, authorizing the )MMUnj ty. Mayor and City Clerk to. execute. an agreement with,the Motion x :creat ionNewport Beach School District for a.Community Recre- Roll Call: rograri ationProgram,. was.adopted. Ayes x x x x-x x ,704 Lty H it (Agenda Item I -9) The request from the City Manager for Aifi authorization to proceed with the -City Hall, modifications, ation was held over for presentation on October 18,. 1960. k 88 10.(Agenda Item I -10) The.report of Ira N.. Frisbee & Co., Ln. . regardings "Examination of Financial Statements, June Motion x atement 301. 1960," was.ordered_ received. All Ayes ?PORT 1 1.(Agenda. Item.I- 11). The.Financial Statement of the City of Newport Beach for the fiscal year ended June 30, Motion x 1960, was.ordered.received. All Ayes 12,(Agenda,Item I -13) BUDGET AMENDMENTS: fidget nend- The following,Budget Amendments-were approved: Motion x ants A 102 All Ayes (a) No. C -23, in the amount of $10, 275,, being a Transfer of Surplus Appropriated for Retirem b 9f7F4xid Inter (Lt s ATTEST: M o� n ity Jerk MS Page 70 Index LJ Budget Amend- ments cont. CA 102 R 5321 Easeme Tr 323 adopte CA 23 Ord 94 re fowl 411- and animal adopte CA 109 Tenta- tive Map Tr 386 CA 23 F__1 LJ Planni Cmsn Amdmt 652 CA 15 Zoning Bd of & Grad Ord Cmte CA 135 CA 60 • CITY OF NEWPORT BEACH COUNCILMEN Page 71 - Volume 14 ONO c� n0 fnntnhov 10 19A01 and Principal; Capital Outlay, to Unappropriated Surplus Capital Outlay; final payment on. 1925 Water Bonds.was .made October 6,. 1960,. from Water Bond 18c R Fund as budgeted. (b) No. C -24, in the amount of $845.85,, being an.increas in Budget Appropriations from Unappropriated Surplus, General, to City Hall, Office - Equipment, for furnishings for Council Conference Room. 13.(Agenda Item I -14) ResolutionNo. 532 1, . accepting an it Easement from The :Irvine Company and Harborland Development Corporation for drainage purposes between Motion x 'Bayside Drive,and Newport Bay, Tract No.. 3232, was Roll Call: adopted. Ayes xxxxxx.x 14.(Agenda Item 1- 15) Ordinance No. 941,. being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 4.108,, 4114 AND 4115 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO _.IMPOUNDING, FOWL AND ANIMALS, regulating the impounding of fowl and.animals, estab- Motion Roll Call: x lishing fees. for such impounding and providing for a .daily charge for boarding such impounded fowl,, to be established by the City Council by resolution, was .adopted. Ayes _x x x x x x x 15..(Agenda,Item I -16) Tentative Tract Map for Tract No, 3867, being a proposed subdivision of 44 acres:divided .into 10 lots, located on the north and south side. of Bayside -Drive between `Coast Highway and. Jamboree Road, was set: for hearing, on October 31,; 1960, and it was. directed that interested property owner sin the Motion x vicinity be invited. to attend. All Ayes 16.(Agenda;Item I -17) Planning Commission Resolution No. 652, recommending: (1) .that refinement and. extension g of the Master Plan, .including..the. subject of maximum building heights integrated.with other elements of the Master Plan, be accomplished; (2), that a firm broadly experienced in complex planning.problems . be. employed to work closely with _the,City Council, Planning Com- mission, City staff, and interested organizations in such refinement and extension of the, Master Plan,. was re- Motion x ceived and taken under advisement. All Ayes 17.(Agenda Item I -18), A letter was. ordered received. from Motion d] Planning Director. J. W. Drawdy, advising.that the All Ayes ng, following - Commissioners have been appointed by the Chairman of the Planning Commission .. to work with the City Council on the study pertaining to the Zoning Board of Adjustments,. Richard A. Higbie, Colonel C. D. Hudson; and regarding. a proposed Grading Ordinance, Alvan C. Clemence, W liarn B. Clark 9 ATTEST: f SMayor City Cl rk 5 Page 71 Index .(October 10,, 1960) First Add'n to Harbor View Annex CA 1W Tract 3606 & 3607 ments CA 23 Walkwa access appl. CA 78 it J Court Action re Van Pe bldgs demoli tion CA 81 Old CdM Reser- voirs CA 12 Ad joun 0 to 10 -18 -1 CITY OF NEWPORT BEACH COUNCILMEN Page. 72 - Volume 14 18 ;(Agenda.Item I -19) A letter from Boyle Engineering Company,. stating that a.description of a..proposed annexation of territory to the City of Newport Beach has been submitted to. the. Boundary Commission; a.letter from The Irvine Company, petitioning for the. annexation to the' City of the First Addition to Harbor View Annex, as described in the,Exhibits attached to the Boyle Engi- neering letter; and the findings of the Boundary Com- mission, stating that on October 10,. 1960, "the,boundari .of the proposed annexation are reasonably definite.and certain although it cuts.property lines;" were. presented. The. matter was referred to the Planning Commission for study of the drainage, streets, water, sewers, and related matters, involved, for report to the City Council at the.earliest-possible date. 19.(Agenda.Item I -20) The. recommendations from the City Manager and the Public Works Director that the improve. ments in Tracts numbered 3606 and 3607 ,(located norther ly of Westcliff Drive. and. easterly of Irvine Avenue), be -_ accepted and that authorization be, given for the release o1 the remaining cash deposit of the Wes.tc.liff Development Company, except for $200.for street .tree planting in Tract No. 3606, were approved. (Agenda Item I -2.1); The application -of J. Herbert Brownell,. for a walkway. access at 2741 Ocean Boulev over City property, was. approved as shown on a map submitted, with -.the provision that the, roof level not extend more than one foot above. the average, height of the two corners. measured at the curb. level. At was.directed. that the Public Works Director furnish for approval_ descriptive: height points. at the next Council meeting. 21.(Agenda. Item I -ZZ) A memorandum from the City Attor to the City Council,. dated October 6,. 1960, regarding "Court action to collect costs. of demolition," was pre- sented. .t The City Attorney was authorized and directed to, file. a Superior Court action entitled "City of Newport Beach, a municipal corporation, plaintiff, vs. Roger B. Van Pelt, defendant," to enforce the,City's lien and. collect for the cost of demolition and. other incidental expenses. to the City. 22.The, City Attorney was,instructed to prepare a resolution .to accomplish the. abandonment of the old Corona del Mar Reservoirs No. 4 and No. 5 and.the lines. 23.The meeting was adjourned.to 7:30 P. M. October 18, ,.,,.1960. /7 TTEST: ^ /� /Mayor ty Clerk Page -72 Motion All Ayes Motion, All Ayes Motion All Ayes Motion All Ayes Motion Motion All Ayes