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Home My WebLink About03/13/1961 - Regular MeetingIndex 49 Zoning & Sub ords CA 10 0 Ord 954 introdu, & set B hrg CA 10 Ord 953 "1st Ad to. Harb View An adopted Lotze lease C -580 0 CITY OF NEWPORT BEACH Page 161 - Volume 14 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date. of Meeting: March 13, 1961 Time of Meeting: 7 :30 P.M. Place of Meeting: Council Chambers Roll Call: The reading of the Minutes:of February 27, 1961,. and Marc] 6, 1961,. was waived; the Minutes were approved as written and ordered filed. FOR INTRODUCTION: 1. ,(Agenda Item F -1) Action was deferred to the proposed adjourned meeting. to be held March 20, 1961, regarding the introduction of zoning and subdivision ordinances.re- lating to planned residential areas. (Agenda Item F -2) Ordinance No. 954, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO.. 22, rezoning a portion of Lot 1013, First Addition to Newport Mesa Tract, from an R -1 District. to an M -1 -A District; located at 971 16th Street, Newport Beach; Planning Com- mission Amendment No. 105, was presented. Lorenz joined the meeting at this time. Ordinance No. 954 was introduced and set for public hearing on March 27,: 1961, at 7:30 P.M. FOR ADOPTION: Item G -1) Ordinance No. 953,, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CERTAIN TERRITORY TO THE SEVENTH DISTRICT OF THE CITY AND REVISING THE 'DESCRIPTION OF THE BOUNDARY LINE OF THE SIXTH DISTRICT, adding the territory annexed as "First Addition to Harbor View Annex' to the Seventh District, and revising a previously incorrect description of the Sixth District as set out in Ordinance. No. 906, was adopted. BUSINESS: (Agenda Item H =1) The City Clerk was requested to pre - sent for consideration on March 27, 1961, the memo- randum from the City Attorney, dated January 5, 1.961, regarding a note in connection with the Lotze lease. The City Attorney was authorized to renegotiate with Walter Lotze, if possible, but to inform Mr. Lotze that if a settlement is not reached by March 27, the Cit Attorney at that time will. be authorize4go proceed to ATTEST: 5� Page 161 COUNCILMEN Present Absent Motion All Ayes Absent Motion Roll Call: Ayes Motion Roll Call: Aye s Motion Alyea 7 x Ix a 0 0 ye x Index 0 Final Map Tr 3E CA 2? • Res 5 adopt Polic Motio CA 23 CA 90 lJ Tents, Map Tr 41 CA 23 Off s: parkii reque: CA 22 El CITY OF NEWPORT BEACH COUNCILMEN Page 162, - Volume 14 aM 5s,; �, ZC Cpppo (March 13,:.1961) CURRENT BUSINESS: 1. (Agenda Item I- l(a)) The Final Map for Tract No. 3660, :.located north of Fifth Avenue, and east of MacArthur Boulevard in Corona del Mar, was presentedior approval. The .findings, of the Planning Commission .and vicinity, ma 160 were also presented. The City Clerk read a letter from W. H. Spurgeon, 3rd, Vice!President of The Irvine Company, wherein said Company states it will delay any additional development beyond Tract No. 3660. until the drainage problem below Fifth Avenue has been solved, upon the assumption .that. the City will expedite the. solutio of this problem at the earliest possible date; stating that the County Flood Control District should assume responsi- bility for the construction, of necessary facilities, that the City should assume its. share of the cost of correcting the potential flood hazard, and that the Company is agreeable to being included in a special assessment district to fi- nance, that part of the cost of correcting the problem over and above contribution by the County Flood Control Dis- trict, on.condition. that all of the lands of the drainage area are included .in such a district. Said letter was. ordered Motion x filed. All Ayes The City Clerk was- authorized to sign the Final Map for Motion x Tract No. 3660. Ayes x x x x x x Noes x 38 Resolution No. 5380, authorizing the Mayor and City ed. Clerk.to execute an agreement between Harbor View Motion x Hills Development Corp. and the City of Newport Beach Roll Call: for improvements_ in Tract No.. 3660, was adopted. Ayes x x x x x x x y It was directed. that all interested parties, on inquiry, be Motion x n informed that no further development can take place All Ayes north of Fifth Avenue until the water problem and the drainage problem are solved to the satisfaction.of the City. .(Policy motion, copy to be sent to the Planning Commission.) Z.. (Agenda -Item I -1(b)) The Tentative Map for Tract No. ti a 4106,, as conditioned.in the recommendations of the Plan - 06 ning Commission, being a portion of Lot 18, Newport Heights,- .located between Aldean Place and Irvine Avenue; 1.43 acres divided into 8 lots; Zone R -1, was presented. Michael Kay spoke from the audience. The Tentative Ma .for Tract No. 4106 was.approved, subject to the street right -of -way, being 44 feet and the turn around at the end Motion x of the cul de sac having a.radius.of 44 feet. All Ayes ite3. (Agenda Item I- 1,(c)) A letter from the Planning Com- ig mission, recommending the approval of the request of st Beamish, Diggins & Cortese,, for off site.parking for a restaurant to be located at Coast Highway and 60th Street, West Newport, was presented. Ron Diggins s ke m the audience. n // � i:� ATTEST:�� ( Mayor City Ci rk n 5 page 162 CITY OF NEWPORT BEACH Page 163. - Volume 14 Index : .lMarrh 1R. 101,1\ COUNCILMEN • The recommendations of the Planning Commission, were approved, including. approval of the location, and number Motion ,of parking spaces. All Ayes Res 5381.4. ,(Agenda Item I -2) In accordance.with. the recommendation re water of the City Manager, Resolution No. 5381,: authorizing th Motion x mains construction of water mains in Shore Cliffs, area by City Roll Call: adopted CA 12 employees, was adopted. Ayes x x.x Res 5382 5. (Agenda.Item I- 3),Re solution. No. 5382, authorizing the Motion re water construction of water mains in Cliff Haven.area by City Roll Call: mains employees, was, adopted. Ayes x x x x adopted CA 12 6.,(Agenda.Item I -4) Resolution,No. 5383, appointing a cor- 5383 porate.-representative porate,representative.for the prosecution of collection re collet matters in Small Claims Court, (appointing George Pappas, Motion tions Dorothy. Palen, . and Elizabeth Macdonald, to represent Roil Call: CA 112 and appear for the City in such matters),, .was - adopted. Ayes x x x 7. (Agenda.Item I- 5)'Re solution : No. 5384, establishing Motion x R• 5384 adopted boarding, charges for .impounded fowl and animals, .(re- Roll Call: CA 109 pealing Resolution No. 5375), was adopted. Ayes x x x Parking ' 8• ;(Agenda Item I- (Y),.The preliminary plans for Parking Lot Lot B CdM B, Service Area No. 2, and entrance controls at the plans Corona. del Mar State. and City Beach Park„ were approve , CA 49 and it was.,Airected tthe_ final plans .be prepared as rapidly Motion x C 716 as possible. All Ayes LICENSES,AND PERMITS: 1. APPLICATIONS 'FOR LICENSE: ,(a) (Agenda Item J- l(a)) The Application for License of License Faye N. and Robert C. Brown„ dba Royal Cafe,; 101 appls Palm Avenue, Balboa,. cafe and on -sale beer; transfer Motion x • of ownership, was approved. All Ayes ,(b),(Agenda Item J -1(b)) The Application4or Exempt Non - CA 63 Profit License of Irma E. Desenberg, President, South Coast Child Guidance Clinic, P.. O. Box 1698, South Newport Beach,, to solicit three -year pledges from a Coast limited number of individuals and business firms in Child Newport Beach, between the dates of April 15 and May Guidance 15, 1961, by volunteer workers, approximately, 100; Clinic funds,to be used.to establish a clinic for the treatment lic appl of emotionally disturbed children on a low cost basis, appr was presented, with a. memorandum from the City At- CA 63 torney stating that since, the applicant has a contract with American City Bureau, Inc., for counseling and other assistance. in the work and direction of a program for subscriptions to .the fund objective of the Clinic, that it did not appear -that the Exempt License, should be issued. • A discussion ensued. Atto ney Ralph M. yers Jr., representing the applicant and Daniell erg; a n <Na ATTEST: �A G+ Mayor ''\ j i C1 r Page 163 I t E C CITY OF NEWPORT BEACH COUNCILMEN ,Page 164 - Volume 14 Index (March. 13,, .1961) • representative. of the American City Bureau, Inc., spoke from the audience. Subject Application for Exempt License was approved. Motion x Ayes Noe s x 2. PIER PERMITS: Pier (a),(Agenda,Item J -2) A letter -from J. B. Webb, Secretar Permits of the Joint Harbor Committee,: submitting a report on the action,taken by said Committee on March 7„ 1961, was presented. Petsch (b),(Agenda.Item J -i(1)) The recommendation of the Joint appl set Harbor Committee for denial.of the application of J. for hrg S. Petsch„ to construct pier and float bayward.of Lot CA -130 .4', Block 5, Section 5, Balboa Island,(installation not • in front of property owned by applicant), was discusse . Mr. Petsch spoke from the audience. The matter was set for hearing on April 10,: 1964 and the Engineering Department was, instructed to send.out the cards to property owners on Balboa Island in Motion accordance. with .Council Policy. All Ayes Lido Isl ,(c),(Agenda Item J- 2(2),) A revised drawing. submitted by ,omm Assi the Lido Isle Community Association .showing are- ,A 130 location of the proposed- bulkhead and float below the southeast bridge approach at the west end of Lido Isle, .(Pier Permits Nos. A -1173 and B- 1174), reducing the - length of the bulkhead and bringing it closer to shore, ,. was .approved.in accordance with.the recom- Motion mendations of the Joint Harbor Committee. All Ayes (d),,(Agenda Item J- 2(4)) The report of the Joint Harbor • Committee's action_ indicated..that -it had considered. the referral by the Council of the proposal of Paul P. ;eorge iroposal gorge, regarding boat slips in an anchorage area 1A 41 between 14th. and 18th Streets, and felt that the letter did.not have sufficient merit to pursue the matter at this time. COMMUNICATIONS - REFERRALS: .etters ,e archi 1. (Agenda Item K -1) Communications from the following, ectural indicating that they were.interested in furnishing,archi- ervices tectur,al services for the construction. of -the.libraryde- ariners velopment in Mariners Park, were ordered filed: Motion x r Libr Blurock,: Ellerbroek. and Associates, A. I. A., David All Ayes A 65 :Curtis., A. I: A., Frederick Hodgdon,. A. I: A., Wilson V. Woodman,: A. I. A. , , in collaboration with Kermit Dorius, A. I. A.., J. Herbert Brownell,. A. 1. A., Rumont W. Hougan, A. I• A. • The City Manager stated .that Mr. Russell,. a Long Beach architect,. was also intereste an the work. ATTEST: "i+�lJ ! 164 Ma r vary viarx 11) 4 Ci Se Bo re da re de re me CA 4 Lt, . Pa sh CA r Dui ca: CA St, lei re Is: pie CA CITY OF NEWPORT BEACH COUNCILMEN Page. 165 - Volume 14 r Z A7 Index IMarch 13_ 19611 j0` N u' ' It wag indicated that.financing of the library is to be dis- cussed on March 20, 1961, and the selection.of an archi- tect will be made at aaater date. 2. (Agendaltem K -2),A memorandum from A. K. Phelps, Chairman of the Civil Service. Board,; containing the vil Board's; recommendation, that the Council repeal Section rvice 'V1, B„ re residential requirements for Police and Fire and Department employees, was presented. commen tions The following, people spoke from the audience: Paul resi- ntal ,Rodet, a:member of the Civil Service Board, urging the quire- quir e - repeal as. requested; Edward Healy, a. member of the nts Civil - Service Board who cast the dissenting vote.to the 85 recommendation of repeal, opposing,the_abolishment of residential requirements; Lonnie Vincent speaking in:fav r of increasing the salaries of the Civil Service employees, and the repeal of the, residential requirements; Celeste ' Stewart and Jack.Jones, City employees, urging the ex- tension of the boundaries. The hazard of having Civil Service employees. unable to reach the City quickly enough in case of an emergency was considered. No action was taken on the recommendations of the Civil Service, Board, regarding the lifting of residential requir - ments, and it. was directed that the Council. consider liberalizing the boundaries of residential. requirements at Motion x the Study Session to be held March 20, to be. brought back Ayes x:x x x to the Council for decision on March 27„ 1961. Noes r re 3. ,(Agenda Item K -3) A letter from Harold L. Goldy, Shelte L1 -out Committee Chairman of the Orange Empire Chapter, alters International Conference of Building Officials, requesting 111 a resolution that would .establish. a.status of recognition" to the "Fall -Out Shelter Committee," was presented. Th ' matter was referred to the -City Manager for investigation Motion x and report. All Ayes iton 4. ,(Agenda Item K -4) A card was ordered filed from George Motion -d Dunton. and Ruby M. Dunton, urging that an ordinance be All Ayes 130 passed prohibiting the erection of additional piers, ; or enlargement of existing pier's, on Balboa Island. tnyer 5. ,(Agenda Item K -5) A letter was presented from Clarence :ter Stanyer, I24'Apolena Avenue, requesting that the Council Balbo instruct the City Manager to proceed to mail.a post card .and to Balboa Island and Little Island property owners in the ors form of a questionnaire, regarding the formulating of a 130 ,policy or ordinance_ to regulate the number and size, of private. piers. over publicly- owned. beach around Balboa .Island, et cetera. Mr. Stanyer spoke from the audience. Motion x Said letter was ordered filed. All Ayes 6. (Agenda Stem K -b) A letter was presented from A. W. Snyder, Chairman of the Par /tas, Beaches refxtion (1 a �/ / ATTEST: �� Mayor % City Cle k M page 165 FA Index Lido Park palm tree lightin CA 49 Rabies control confere. .CA 5 Recess Ltr re Hargrav, Varianc, No, 628 CA 13 40 r 1 LJ CITY OF NEWPORT BEACH COUNCILMEN Page- 166 - Volume 14 cLLnvl 2 P.V Zf, O 1%, ,z ,n/ Commission„ dated March., 9,: 1961,, regarding Lido Park ,:Palm-,Tree Lighting,: statingAhat George Buccola has. sub mitted a.proposal..to install lights on _the. palm - .tree group ings in Lido Park on a. share - .the -cost basis.with,.the'City The'Commission recommended approval of the proposal conditioned - that. the -lights be of a cast tamper -proof,con- s.truction with.metal cover: guards. provided: to, eliminate bulb snatching, and „that. the lights, be amber in color. Mayor Stoddard stated. #hat the City, subsequent to the receipt of.the proposal, had:been advised,.that Mr. Buccola had. agreed., to pay the energy cost for the. installation. The: recommendations: of the Parks, Beaches. and Recre- ationCommission were approved. with.the . stipulation. that Motion .x Mr. Buccola pay the energy cost of maintaining ,the: lights All Ayes 7. (Agenda Item K -7) A- letter. was.ordered.filed from Rober Motion x H.. Haight, D. V. M. , Orange County Veterinary Officer, All Ayes ce stating that a. special conference: is being sponsored by the Veterinary, Division of the Health Department. for -the purpose of presenting; some of the latest information on rabies control; urgingahat employees concerned. with ..rabies. control. attend. RECE$S.for:.five. minutes was declared.by Mayor Stoddard. The Council, reconvened.with all members present. 8. ,(Agenda Item K -8) A letter. was. presented, from James Foster„ 2207 -- 16th Street„ Newport Beach, Mrs. R. E. Wheeler, 2,513 - 16th Street,. and R. E. Hardcastle,: 2327 - 16th Street,: protesting,.the carports which Ronald Hargrave.had constructed "illegally" on his property. Consideration was given to ,the intent of the- Council. at. the time of the public hearing held, regarding the appeal from the decisionof the Planning Commission. denying, Appli- cation. for Variance No.. 628, when: the, findings of the Planning. Commission were,, overruled and Variance No. 6Z8 was granted. The City Manager desired. clarification as:to whether or not the Council intended to grant. per - mission to encroach 10' into a 20' setback_for.,the purpose of constructing a.4 -car garage (Variance. 628), or whethe it was intended to approve: the existing, carports. on, the subject premises. Upon. inquiry it was .learned that no one was :in:the' audience. representing Mr. Hargrave. The: City Manager stated that he had contacted the appli- cant, Ron Hargrave, and advised. him that the. matter :would be discussed at_this.Council meeting. Mr. Hargralre stated.-that he and his. father woul&h1a.unable to be presen and desired to.have. the discussion.of -the matter. continue to a, later date. R. A. Glenn, Director of Building. and Safety, spoke from the audience. Councilman Hart and Councilmaw Cook. agreed to li.sten.to -the record of subject action of:the Countil.to deterrnine the intent. It was. directed that/the. matter be. b u back to the- Council on March.. , 1961. M ion , All S res x ATTEST: 1 �� SG( Mayor C ty Clerk A,,� Page 166 Index (March 13 0 Stanton resoluti CA 48 Drainage system Tr 3801 CA 23 Budget Amendmt CA 102 Senate Bill 765 CA 69 CA 66 0 Tr 772 petition CA 23 - Me ?nnexati 7A 108 CITY OF NEWPORT BEACH Page 167 - Volume, 14 1 of, II COUNCILMEN Subject letter from Mr. Foster was - referred to:the City Motion x Manager for report and recommendation. Mr. Foster All Ayes and Mr. Wheeler spoke from .the audience. 9..(Agenda;ltem K -9) A letter from the City of Stanton,, .trap - mitting,,a resolution adopted.by said City, supporting the n. United States Attorney General's Special Group,,on. organim ed crime, and. a copy of a.letter forwarded. to Attorney Genei al Robert'F. Kennedy by the City. of Stanton,. stating, that a .concerted effort. is: imperative. to accomplish. desired .results,, were: referred -to the City Manager. for report and Motion x .,recommendation. All Ayes 10.A letter. was presented from Austin Sturtevant, President of Clifftop Development Company,; requesting rthe - City of Newport Beach to .join. in an agreement with. said Company and. other property owners to sharethe cost of a drainage system,, cost to be allocated on. basis, of acreage: drained, and aimiting,,the. cost to- the City of Newport Beach. to be .not more. than, $3000,; for Tract No. 3801 and .adjoining property. The. matter was- referred:to, the City Attorney Motion x with. the, request that he. draw up a. contract. A11 Ayes BUDGET AMENDMENTS: (Agenda _Item L -1) Budget Amendment No. C -59,• being, ,a transfer. of Budget Appropriations, miscellaneous increases . and. decreases as, itemized, was discussed by the City Motion x Manager. Said Budget Amendment was approved. All Ayes ADDITIONAL BUSINESS: Mayor Stoddard was, authorized; to write a letter. to Senator Murdy supporting Senate Bill'No.. 765,, re State 'Highway .Motion x route.. All Ayes COMMUNICATIONS, - ADVISORY: 1. (Agenda, Item N -1) Petitionsi were presented from the following, property owners in Tract No.. 772„ Newport Shores,, requesting that the Council take,: the. necessary steps, to raise, the,level of Fern and Canal Streets. to .the correct level of ,the Tract, each property owner to pay his. share: Nellie Marie' Stewart, Ambrose Stewart; M...R Wilson; Ber.niece L. Reynolds; Virginia Ford; Edward Ted Russell; Jennet Cline;.John G. Allan; Dudley R. Slauson; W. O. Redden, Anita Redden; Frank C. Kohler, Hazel M. Kohler. Said petitions. were referred to the City Manager and Motion x Public Works. Director and - ordered filed. All Ayes 2. ,(Agenda Items 'N -2,: 3, 4) The following., communications Motion x were. ordered filed: All Ayes (a) An excerpt from the Minutes of the Boundary Com- a mission re. a proposed annexation, to the City, of Costa n Mesa,: located along and weste y of Newport vayd (\ A T / G \Yj � � GV✓ Ma r \� Page 167 n,r., c -L- , - - -1 - - - - -- [y/ v C1 D, 1 C 0 Di 11 C L' V s: C� D ri 1: C1 L1 h: S( pi C1 It re C1 i Le U tc I: CF CITY OF NEWPORT BEACH COUNCILMEN P'age..168 - Volume 14 Index (March.13,, 19¢1) • in.the, vicinity. of Bristol, "Paularino No. 2 Annexation - Revised ",,(also. known•as"Paularino No. 4 Annexation)", finding; the boundaries reasonably -definite. and. certain. >unty (b) An- excerpt from .the Minutes. of the Board. of Super - )ck visors. re a meeting: held February. 28,: 1961,; stating, that case the request of.George P. Carver: to assign his "County •533 Dock".lease_.to a.corporation. known -as Newport Towers was; referred.to:the County Counsel. runty (c) A copy of a Resolution of the Board.:of Supervisors, c 3ck adopted on February -28,;. 1961, authorizing_, the: execution :ase of -the amendment: to the "County, Dock" lease,, as previ- •533 ously approved by the City of Newport Beach. :r re (d) A letter from Noel Singer, dated February 25, 1961, -affi.c urging: the. installation of .traffic. signals at Z8th- Street, ;:awls ras recommended by the. report of Mr. Gallagher" and "as: set .forth.in.the plans. adopted. by the City:'Council. " otter 3• ,(Agenda Item N -5) A copy of a:le.tter, addressed to . rnarir a Senator Murdy, .from Bayard H. Bratts.trom,,. Assistant .fe professor: of Zoology at Orange' County State- College, ex- 49 pressing interest In the problem of protecting the - marine :.life:in. the, tidepools along the Corona. del Mar Beach - Motion x ...front,, was ordered.filed. --All Ayes :r re 4. ,(Afpnda Item N -6) A letter was presented.from Mrs. .gh Ewing S._I udson, protesting.lack.of parking, spacedn.the :hool area. of the Newport Harbor High School, the litter left irk22ng in the. area.by the students,. the, use of St. Andrew's Road as a."'race.track," and other offenses. Said letter was Motion x referred to: %the City Manager, for action. All Ayes isurane • ,(Agenda Item N -8) A.letter..was ordered.filed.from E. R. Motion x :fund Howard, General Manager, State Compensation Insurance All Ayes 68 Fund, stating; that an additional refund of $2,418.46 is . being. made..for the. policy year: ending; duly, 1,: 1957,: all claims for said period having. been, closed and permanentl evaluated, tter 6. A letter:proposed . to be. sent. to all Balboa: Islanders (as be sent designated on the: water accounts), for distribution. over Balbo the Mayor Is. signature,, as corrected. by the, suggestions lander, of Councilmen, was authorized for. mailing; saiddetter Motion x 74 ,_ urges. cooperation. in -the 'Easter and summer. vacation All Ayes periods,: citing, methods. and the .manner:in..which: the ' :difficulties generated -by the. surplus of'cars, pedestrians -and. deliberate - troublemakers.: can be. controlled. 7. The-meeting was adjourned at 10:20 P.M.,. to March 20, Motion x 1961, at 7:30 P.M. All Ayes • L ATTEST: r - (-Q, �� Mayor ati 1. Cit} Clerk Page 168