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Home My WebLink About09/11/1961 - Regular MeetingIndex Appeal hrng r Com 11 Rezone CA 10 10 Ord 9, Zoninj CA 15 • Appea Var 6, Tall Bldg. CA 13 is .. I CITY OF NEWPORT BEACH Page 44 - Volume. 15 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date. of Meeting: September 11,:.1961 Time of Meeting: 7:30 P.M. COUNCILMEN �r lGity Flerk �/ .a �. .... .. ._ .. _. _ Roll Call: Present O.o N N � yp. �r lGity Flerk �/ .a �. .... .. ._ .. _. _ Roll Call: Present x x X X X X Absent The reading, of the Minutes. of August 28,,.1961 was. waived, Motion x the Minutes were. approved as written and ordered filed. Ayes X x X x x x Absent x HEARINGS: 1. ,(Agenda Item E -1) Mayor Stoddard.opened_ the public 1 hearing regarding the appeal from the decision of the 2 Planning. Commission. denying Amendment Application, No. 112.of O.tto'E.. and Marie Johnson for permission to rezon Lots.: 19. and -.21, Block 535, Corona.del Mar, from an R -2 District to a'C -1 -H District. The findings of-the Planning Commission were presented. Attorney Ralph Myers, Jr. spoke from the audience on behalf of the applicants. Mr. A. W. Kurth,_ 600, Jasmine, spoke from the audience,, stating, that he represented -him self and other property, owners in subject vicinity, who opposed the proposed rezoning. J. W. Drawdy, Planning Director,., participated . in -the discussion. The hearing wai Motion x closed. Ayes x x -x x.x x Absent x The. findings. of the Planning Commission were I sustained, S" and the Application for Rezoning,No... 112, was denied. Motion x Ayes x xx xx Absent x �y 2. (Agenda Item E -2) Mayor Stoddard. opened the public hearing regarding Ordinance No. 974, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING AND ADDING SECTIONS; TO ARTICLE- IX OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO PLANNING AND ZONING, relating, to the height of building s7,Planning.Commission Amendment No.. .113. A discussion ensued,. the following, people participating: Samuel Downing, Frank -Wook, David Termohlen, a.build- ing_.designer representing William Beretish.of Santa Ana, Attorney Robert J. Rove', Dean Ward, C. A. Herberts, Jr.,. William Hargrave, George Minney, and Peter Whitehead. Motion x The hearing, was continued to September 25„ 1961. Ayes Ac.x x x x x Absent x i2 3. (Agenda Item E -3) Mayor Stoddard.opened,the public hearing; regarding the appeal of Clarence � Herbert, and various-.individuals from-the- decision. of the Planning .Commission. approving,,the- Application for Variance No. 662. of Donald L. Bren for permission. to construct a seven story commercial and.office building,83 feet high, plus mechanical appurtenances. and parking, structure,. on Lots.. 14,to'30 inclusive, Block 530, Lancasters Addition, Zone C -1. and U,,.located at 500 - 534.32 ree , New- port Beach. ATTEST: Page 44 Mayor �r lGity Flerk �/ Index • • Ord 975 Water CA 12 • Ord 976 Wager CA 12 40 September 11, One :hundrec and. nine. let Attorney Do subject Vat: Stoddard inc agreed that considered subject pre: Harwood sty gether. in. hi .-one matter,. agreed. Tb then - said ,th, tion. with sa'. of the Plann No. 662. and A discussio Bren, Fran The. hearing Commissiw Permit: No.. Stoddar The Council. re Councilman 'So ioined, the. mee . ,(Agenda :Itei AN OR: BEACF ADDIM 7211.3 CODE' AND R. for addition Highlands a and passed: (Agenda,Ite: AN OR BEACF BEACF SERVI4 consenting able.to ser, Newport Be to the inhat Avenue. and was: introdc IAT�: CITY OF NEWPORT BEACH Page 45. - Volume. 15 I OGI COUNCILMEN one letters -in favor. of -the proposed .Variance Oa\'00' 7 ^' N a one letters -in favor. of -the proposed .Variance :era opposing,said Variance were presented. naldHarwood,. representing ,the.. applicants, for .ance, spoke, from the audience. Mayor uired of Attorney Harwood whether or not he the evidence about to be presented. could. be )n the Application for Use Permit covering vises,: as. well as for the Variance. Attorney ,ted- that.,.the, issues were. sufficiently tied;.to= opinion.to be considered.bythe Council as and woul&so agree if the City Attorney e City Attorney concurred'. Mayor Stoddard it the hearing, would be. conducted in connec- d Variance and, the Use Permit. The findings ing Commission: reg.arding,subject Variance Use Permit No.. 766 were before ithe Council. i ensued,. with Attorney Harwood, Donald K Wood„ and Samuel Downing participating. was closed,. and the findings of the Planning Motion L granting Variance No. 662.and granting.Use Ayes. x.x x x x :x 766,. were sustained. Absent x 3 declared a:five minute.recess. convened.with..all members present except mers.:and Councilman -Cook, Councilman Cook ting within. a matter of seconds. FOR INTRODUCTION: n F -1) Ordinance No. 975,, being FINANCE OF THE CITY OF NEWPORT AMENDING SECTION 7211 OF AND SECTIONS 7211. 1„-7211. 2,: AND TO THE NEWPORT BEACH MUNICIPAL tELATING TO THE SERVICE OF WATER kTES,THEREFOR, al readiness to serve charges for Harbor ad Stricker Annexation.. areas,. was.. introduced Motion x to second_ reading. Roll Call: . Ayes x x x x. x x n F -2). Ordinance No.. 976,. being Absent x DINANCE OF THE CITY OF NEWPORT [ ADDING SECTION 7245 TO THE NEWPORT [ MUNICIPAL CODE RELATING TO THE :E OF WATER., to the Costa Mesa- County. Water District being re-water within the boundaries of the City of ach.and outsideAhe boundaries:ofthe District itants. of Seaquist Annexation and Tustin 22nd Street Annex, through. June 30,; .1963, Motion x / ce.d and passed. to, sec d readi i� Roll C Ay 1: " x .xxx Page 45 Mayor ity qerk Index 0 R 5469 Cross- walk CA 118 R 5470, Contracl CA 12 C -770 CITY OF NEWPORT BEACH Page 46 - Volume. 15 September 11,- 1961 BUSINESS: (Agenda Item :I -1) Resolutiow No. 5469, prohibiting pedestrians_ from crossing Pacific Coast "Highway at,its intersection.wi- th.:the northerly leg; of Heliotrope Avenue, was presented. Attorney Ralph Myers„ representing, the Corona del Mar Chamber of Commerce,, spoke.from the audience, reques.tiug, -that no action.be_taken.on this matte at this .time. Resolution No. 5469 was. adopted. (Agenda.Item I -2) Resolution No. 5470,. authorizing,,the execution of a contract to serve water outside -the -City, to Southern California Edison Company,: was adopted. R 5471.13. (Agenda..Item I -3) 'Resolution No. 5471, authorizing ..the Contrac -Mayor and City Clerk. to execute.a contract with-the C -771 California State Department -of Finance for an of population, was adopted. R1472 -772 Tr 772.' Bid cal: Storm drain C -766 CA 127 R 5473 Contrac C -?ql is Sup Ct. Case jk97915 TR 3813 CA 169 vs Cit, CA 169 • (Agenda Item: I -4) Resolution No. 5472,. authorizing the Mayor and City Clerk. to execute an agreement. with,the County of Orange for the improvement of Irvine Avenue, was. adopted. ,(Agenda Item I -5), A memorandum was presented :from ,the City Manager. and Public- Works Director. regarding the receipt of .five. bids. by,, the City Clerk -on September. 7 for the construction. of ''a storm drain and lift station.in Tract No. 772,: recommending the awarding, of contract to the -low bidder, A. H. Famularo,: at .the, contract price of $.13,,904.50. Resolution No. 5473„ awarding, a. contract to A. H. Famularo for the' construction. of a storm drain and lift station. in Tract No... 772, was adopted. (Agenda Item I -6) A memorandum was ordered_filed.fron the City Attorney, dated September 5 regarding Orange :County, Superior Court Case No. 97.915, People- of :the - State of California vs.-the City of Newport Beach,. et al.. stating..that "a request. for dismissal, has, been. received. 7. (Agenda :Item I -7) A memorandum was presented-from th City Attorney: dated September 6.regarding, the Orange 1 County Superior Court Action, Harriman..vs. City of Newport Beach,, recommending the adoption. of a motion accepting, the settlement offer of Mr. Russell Harriman. The: following , motion .was,unanimously. adopted,, "The City hereby accepts the offer of Mr. Russell Harriman-to settle, the. case, of Harriman .v. City of Newport Beach by agreeing ..that -the boundary line between.his. land .and, City tidelands lies parallel to and. 2151eet southerly of Balboa Boulevard, and.the City Attorney is authorized and '..,directed to, take all steps. necessary to settle said.case on this basis." ATTEST: Page 46 COUNCILMEN Motion Roll Call: Ayes - Absent Motion Roll Cali: Ayes Absent Motion Roll Call: . Ayes Absent Motion oll Call: Ayes Absent Motion Roll Call: Ayes Absent Motion Ayes Absent Motion -Ayes Absent ®R x xx x X OWN X Index K *4 TR 4425 Resub M CA 10 CA 23 Annex Buck & Ki oy (ls Add Sup Ave Annex) CA 108 �S B. CITY OF NEWPORT BEACH Page 47 - Volume 15 t__ -.tt teLt COUNCILMEN t� n 9 �rt ' yN A N � �OZ A • fq License Applica -,l ,(Agenda Item I -8) Resolution -No. 5474,, authorizing exe- Lions CA 63 2 cution -of contract, under which City, furnishes- ,lifeguard 3 • CITY OF NEWPORT BEACH Page 47 - Volume 15 t__ -.tt teLt COUNCILMEN t� n 9 �rt ' yN A N � �OZ K ,(Agenda Item I -8) Resolution -No. 5474,, authorizing exe- cution -of contract, under which City, furnishes- ,lifeguard service and is reimbursed.by Orange County, agreeing to pay to the City the sum of $57, 000. for services_ render Motion x ed;.from: July: 1,: 1961 ,through June 30;; 1962, was_ adopted. Roll Call: Ayes xx xxa .(Agenda. Item 1 -9) The. recommendations -from the Plan- Absent x ning Commission regarding Tentative Map for Tract No. 4425, being, a resubdivision of 15. 8+ acres divided into 8 lots, proposed.for commercial use; located.south.of Westcliff Drive between, Irvine and Dover, and on. the westerly side-of Dover. °between Westcliff and 16th, were -presented. The. recommendations. were- accepted, and,it Motion x .was directed that compliance be made. with .said. recom- Ayes x x x x mendations. Absent x . ,(Agenda;Item- .1 -10), The petition. of Carl M. Buck. and Johr. B. Kilroy, requesting annexation. to the City of Newport Beach. of the property purported to be owned by them,; be- ing:the. area. bounded on the north by the Hughes plant, on the south.by. Hoag Memorial Hospital, on the, west by Superior Avenue and Placentia, and. on the east by New- port Boulevard,, a parcel containing, approximately, 25-67 acres,. was presented. An excerpt from the Minutes. of a. meeting, of the Boundary Commission, held September 11,,, indicating; that. the Boundary Commission found the boundaries. of the pro - po.sed. annexation - met,the approval of the County Surveyorl s office,: was presented. Said. correspondence- was ordered Motion x .filed„ and it was.directed; that -the matter- be referred..to Ayes x x x x.: the City Manager for report and recommendation. Mr. Absent x Jack Hall, - representing, the property owners,. spoke-from the audience. PPLICATIONS -FOR LICENSE: kgenda.Items J -I,. 1, 2,, 3, 4), The- .following,Applications )r License were approved: Motion x Ayes x x x. Exempt, Fred Schoepe, President of Newport- Beach Absent x United Fund,. '325 North Newport Boulevard, Newport Beach,,. for 'house -to- house soliciting„ an annual cam- paign-of United'Fund; drive.to be. conducted October 9 through October 31„ 1961; 1, 000 solicitors.' Woody, Matthews, dba Automatic Games'Co:- 2379 Orange - Ave.,. Costa Mesa, for one skill game at Anchor Cove; 2805 West Coast Highway, Newport Beach„ consisting of one shuffle. alley. Woody. W. Matthews, dba Automatic Games Co. „ 2379 Orange Ave., Costa Mesa,, one skill game.at The "Pub, 6450 W. Coast Highway,: Newport Beach„ consisting. of one electric gun. �a✓! (7- ��. .TTEST: Ma o 0--o Cit ( Clerk Page 47 K Index Pier Permits CA 130 • • • CITY OF NEWPORT BEACH Page 48 - Volume. 15 September: 11,: 1961 4. Exempt, Harriet S. Chapter of .the Amex soliciting for funds for the = United .Natioi New York; annual. 1". ..funds. for the UNICE accompanied by adu: UNICEF cardboard APPLICATIONS FOR F (Agenda Items.J -II,- 1„ cations,recommended- f mittee on September 5, conditions recommend( with an.additional cond: set forth under' Applica A. A -1231 - C. D. Kni Balboa Island„ bayw Balboa.lsland; appli float, and construct dredging . being,a. -2, subject to the additi the new pier, to be ,present pier; that ox >the.easterly side of the westerly side of the Engineering staf: which .would .allow it line projection. Mc 2: A -1233 - Edna P. C bayward of Lot 4, 5 remove existing.flo: 3. A- 1234.- Orange Cc side Drive,: Newpor line and Pierhead.li .200' northwesterly 104 -A; application.t Harbor' District slit dock,. to provide..adi Harbor District pat: 4. A -1235. - H. W. Ca, Beach,. bayward fro stall a. new slip and permit docking. Al Corps of Engineers 5. A -1236. - Balboa Ba application, to remo, construct. new piers the following_ condit: (a), Two restroom f be provided for ATTEST: ity Jerk COUNCILMEN Gould, President of the' Coastline O. 0\,; . Gould, President of the' Coastline ican, Association for United Nations, kn Halloween -Day, October 31,. 1961, is Children's Fund, United Nations, .'rick or Treat" program to. raise F;. all children soliciting will-be ts. and will.be clearly identified with :mblem s . IER PERMITS: 2,: 3,: 4,, 5,:. 6) , The following,Appli- or approval by the. Joint Harbor Com 1961„ were approved. subject to the. Motion x d by the. Joint Harbor Committee, Ayes x.x x x X x tion imposed. by the Council. and so Absent x tion A -1231: :kerbocker,: 501 No. Bay-Front, ard. of Lot 1, Block 10, Section 1, :ation.to remove existing pier and new pier and float; subject to the 0' at. 60' from. existing bulkhead; )nal Council .imposed condition that :onstructed,.be no wider than.the L the float , no boats be moored on the float , and any boat. moored on the float (orientation. corrected by ') have. a beam no greater .that. -that to be within 5 feet of the property rris Smith spoke from •the, audience. otton, 1509 E. Bay Front, Balboa, ,. 1 /2.of 6, Block.24;, application-to �t and. slip and construct new slip. unty Harbor Commission„ 1901 Bay- ; Beach, , between the U. S. Bulkhead ie„ bayward of a point approximately )f U. S. Bulkhead Station 109 =B, �, construct slips between existing s. and existing Harbor District guest litional slips for the Orange County ,ol boats. vard,: 529 Via Lido'Soud, Newport .n,Lots 443,: 444; application to in- relocate the ramp on. existing pier to proved subject to approval of the U. S y Club, 1.221 West Coast Highway; re, existing piers and slips. and to and slips. Approved subject to ons: acilities (on woman's. and e �) each 20 sli age MaXor Index �1 U Pier Permit Transf CA 130 n LJ Pier Permit Transf CA 130 Barbour letter CA 130 • Foreign aid CA 66 Grupe Clm Dmgs CA 84 • Ross Clm Dmgs CA 84 CITY OF NEWPORT BEACH Page- 49 — Volume 15 September.11,:1961 (b), The maximum dista .- being, approximately (c) , The. fire. protection City Fire Chief and 6. A -1237 - George Hoag, cation to construct pier The following Transfer of the Joint Harbor Committe A -255 - 832 Via Lido N- 341, Tract 907;; transfe: Sherman andiCorinne St Marion K. Anderson. A discussion. ensued regar L. R. Wheeler and Morris bayward of Lots 1121,, 112; 907," recommended for ap mittee,. subject to the cond sanitation facilities, elects ness:meet present require 'A- 1238, to be. issued to Ri subject to the condition tha facilities,; electrical wir-in quirements are met within .of the permit, or the perm time. Morris Smith spoke :The Joint Harbor Committ backao the Council,until a a letter from G. L., Harbo Joint Harbor Committee bl .that the letter be .filed,. in of three months:no repress erence to the letter. TIONS REF 1. (Agenda Item K -1 A let Walter C. and Clara L. ..del Mar„ regarding for( ,(Agenda Items K -2, K -: ages were denied, and .1 matters: to the insuranc Claim for Damages of car,; which is alleged.tc - motorcycle on June 23, Claim for Damages -of J alleging , damages. in the sewage backing up throe .311 Carnation, Corona. ATTEST: 1" CitX Cle COUNCILMEN a SA� u2 pG ace.from restrooms_.to slips 400 feet. facilities: be. approved by both the the Harbor Master. II, Lot 1, Collins, Island, appli- and slip. pier Permit as recommended by e,: was, approved. ` Motion x Ayes x x x.x x x )rd, Lido Isle,, bayward.of Lot .. Absent x r pier and slip from George erman.to Dwight Anderson and ling the "transfer of slips from Smith.to Richard E. Powell, and a portion. of 1123, Tract proval by the Joint :Harbor Com- ition-that.the fire protection, ical wiring and structural sound - nents. A new Permit,: numbered :hard'Powell,: was,approved, Motion x t. fire protection,: sanitation Ayes x x x x x x ,,and structural soundness. re- Absent x six months.1rom date of issuance it will be declared invalid at that from the audience. ;e -on September 5,. 1961,. referred definite - .date: can be. set for review, ir, previously referred.to the the Council. It was.directed Motion x riew of the fact that for a period Ayes x x x x x x ntation has been made with.ref- Absent x ERRALS: ter was.ordered filed•from Motion Pearson„ 722 Goldenrod, Corona Ayes x x x xx x ,ign aid. Absent x ) The..following. Claims for Dam - he City Clerk' s, referral of the Motion x ;.carrier was.confirmedi Ayes XX x x.x x - Absent x >eorge Grupe,, for damage to his have been bumped by a police 1961. ames E. and Violet C. Ross, amount of $1500 by reason. of Lgh the drains of their, house. at 3e1 Mme,. on Iyfay, 26a. Page 49 yor Index Appeal Var 659 CA 13 Appeal Var 663 CA 13 • Budget Amendm CA 102 • Septe 3. (A W th ca de pl. fo 1.4. T3 P) N( 19 BUD( (Agee ment 1. N( fr a St fa pr 2. N fr PL (1\ 3.. N4 in Gi m Ni 4. N4 BI G, cl K�3TI ,(Age: catic Commend 1. L personne c: Office p( CA 83 T • County Dock L C -533 I. Z. R (a ATT ciw ity Cl rk CITY OF NEWPORT BEACH Page 50 - Volume 15 COUNCILMEN LXLUC : 111. 1,7V1 genda.Item K -4)• A- letter was presented from Don )odward, President of 'Res -Plan, Inc.,, appealing, from decision, of -the Planning Commission denying, Appli- tion for Variance -No.. 659, for permission to waive nsity requirements: for single family dwellings in a finned . residential development. The matter was set Motion x r public hearing, on September 25, 1961. Ayes x x x.x x x Absent x e:appeal of John -L. Adams from the decision.of the anning Commission. denying. Application. for Variance . 663, was..set.for public hearing, on September 25, Motion x 61. Ayes x x x.x x x Absent x ,ET AMENDMENTS: Lda-Items L -1,: 2,; 3,, 4) The. following Budget Amend- s were approved: Motion x Ayes x x x -x x �. C -11,: being,a..transfer of Budget Appropriations Absent x :)m Traffic Control, Supplies, . to General Services - r'ests, Shop Equipment; for purchase of 3' x.4' sign ce, applicator. (NQ increase or decrease in.Unappro- iated Surplus.) >. C -12, being,a. transfer. of Budget Appropriations pm' Fire 'Supplies to Fire Equipment, N. O. C.;, for rcha.se of camera .equipment for fire prevention, use. oincrease.:or decrease -in Unappropriated Surplus.) r: C -13,, inthe amount of $14, 000, being,an increase Budget Appropriations from Unappropriated 'Surplus .neral to General Services - Streets, Land Improve - ants, for the construction of storm drain in Tract �. 772. �. C- 14 „inahe amount of $260, being. an increase -in zdget Appropriations -from. Unappropriated Surplus ;neral,. to' City Hall. - Equipment, N: O. C. ; for pur- ,ass of floor ,buffer. MUNICATIONS. - ADVISORY: ida _Items N -1,• 2„ 3,: 4,: 5,: 6) , The following,communi- ns.:were- ordered. filed: Motion x -Ayes lxx x.:xxx ;titer from Robert J. Gaurin of Bakersfield,: an appli- Absent x .nt for the position. of Police Chief In the City of New - irt Beach,: commending,the Personnel office and Mr. somas - Childs -for the manner in.which. the examination r Police Chief was conducted. E COUNTY DOCK: Excerpt from the Minutes. of a meeting, of the Board of Supervisor s. of Orange County held August 29, stating.:that.the documents p sented. m by Mr. a L. Fallon,; as proposed. ass' nee of Geor r EST: r7lage ao M or Index • Calif. Shoreline Develop- ment CA 31 • Recommenc State Hwl constr. CA 69 NH Chambe Com. Inv, CA 96 Annexatic to Costa Mesa CA 108 lJ CITY OF NEWPORT BEACH ,Page 51 - Volume 15 ,Cu..fn...hnv 11 10(11 COUNCILMEN A Z A T KI ,(Newport Towers),. were-referred, to Kenneth Sampson,; Harbor Manager: and the County Counsel for study and report to the Board of Supervisors-on September: 19,, 1961 at 3:00 P. M. ,(b) A second.excerpt -from the Minutes. of the meeting of August 29 indicating that the Harbor Manager and the County Counsel were authorized.to travel outside the- County to investigate._ the qualifications of the proposed. assignee of the lease. (c) Letter from Ruth Le Lievre to Mayor Stoddard.urg- ing that the permitted, use. of the County Dock prop- erty preserve.the view. 3. Letter from Shoreline Planning Association urging,mem- bership in the Association.to assist..in guiding. future State expenditures in connection with the development of the California shoreline. 4. Letter from; California. Highway Commission regarding telegram sent by Mayor Pro Tem Hart in connection with, recommendations. for State- Highway construction, and stating,that . inadvertent - mistakes. were-included .in ..the recommendations for Orange County. Letter from Newport Harbor Chamber. of Commerce in- viting Council to attend membership breakfast meeting on- September, 27 at the Balboa Bay Club„ at which meet ing;Mr. Edward -T. Telford, Assistant Engineer of the State'Division.of Highways, will -be guest speaker. Excerpt from. the Minutes of the Boundary Commission, submitting; notice of a propos ed. annexation . of territory' to the City of Costa Mesa (River No: 3.- Corrected), located in the vicinity of the Santa Ana River, not ad- jacent but northerly; of Victoria' Street, and not adjacent but westerly. of Pacific. The.ineeting, was, adjourned at 10:00 P. M. Motion x ....Ayes x x x x Absent x 1t.was. unanimously: agreed,; all Councilmen present except Councilman Somers,. that the Council Study; Session,. regu- larly scheduled for September: 18,..1.961, at 7:30 P.M., would not be held. ATTEST: 1 Mayor City Ipler c page 51 KI