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Home My WebLink About12/26/1961 - Regular MeetingCITY OF NEWPORT BEACH Page 116 - Volume, 15 Minutes. of REGULAR MEETING OF THE CITY COUNCIL Date.of Meeting: December 26, 1961 Time - of Meeting: 7:30 P. M. Index Place.of Meetina: Council Chambers COUNCILMEN v` a oocn�o X X �4 E. Roll Call: Present . x x x x Absent x The. reading.of the Minutes. of December. l l„ 1961, was waived,, the Minutes were. approved. as, written.:with.,the Motion x amendment that Councilman Somers' remarks, made follow Ayes x X,X x ing;his, motion. to adopt Resolution No. 5523,. be,included.and Absent x inserted. in the Minutes. HEARINGS: So Co Gas 1. (Agenda Item E -1) In. connection -with the hearing, which Vacation -was continued pending, ;investigation -of the Southern hearing Counties Gas Company's. request for reservation. of ease CA 14 ment, in.. connection, with.. the. proposed. closing, up„ vaca- tion, and abandonment of a.portion. of an. alley .in Block. 2' ..of Seashore Colony Tract,. located.between Coast High- way and Newport Shores Drive. in:the. vicinity of 62nd Street ,(in accordance, with Resolution. of Intention No. • S514).. the City Manager read. a. communication. from the Southern Counties Gas Company,, withdrawing the. reques ..for .reservation of an- easement. Mayor Stoddard declared the hearing, open. No.one.de- - sired. to speak..from the audience. The. hearing was Motion closed. Ayes x:x x x Absent x R 5527 Resolution No. 5527, ordering. the, closing, up„ vacation, Vacation and abandonment of a portion of an. alley in Block 2. of Motion x CA 14 Seashore Colony Tract„ was. adopted. Roll Call: Ayes x. x x x R 5528 Resolution-No. 5528,: accepting a Grant of Easement to Absent x Easement the- City of Newport Beach for street and. highway pur- CA 14 poses,; from Frank C. Cortese, Leon Fry, and Charles - O'Connor, .Inc. ;. a 5,foot strip along Prospect Street ad- joining,, Block. 2.of Seashore- Colony,'Tract, was.adopted. Motion x Roll Call: Ayes x. x x x ,• 2. (Agenda..Item E -2) Mayor Stoddard opened the public Absent x hearing, regarding, the appeal of Murton H. Willson from Willson the decision, of the Plannin& Commission- denying Appli- appeal cation for Variance No. 670,. requesting, permission to Var 670 CA 13 retain a zero setback. on the. property, line. adjacent. to Hazel Drive, Lot 8, Block A, Tract 673, Zone R -1, 336 Poppy Avenue, Corona del Mar. Mr. Willson spoke from the: audience. and. exhibited a plan depicting: the. land and. the. structure, as presently encroaching. on City property. Mrs. Tevis Westgate, who had previously opposed.the. structure. on-the. property,, spoke. from ,the audience,, substantiating; her statements,- as, read: by Mr. Willson, that .she. no .longer. objected. to the Variance. if certain- changes. in.the: structure, agreed to by Mr. Willson,, were made. Gene Schulte, of.the Planning Department,. spoke..from the. audience. The, hearing,was Motion x closed. -s r Ayes Ab�nt xxx x x • e�s�� ATTEST`. a or City berk Page 116 X X �4 E. Index • Willson appeal Var 670 CA 13 • Ord 985 Setback CA 10 • Ord 986 Rezone CA 10 • CITY OF NEWPORT BEACH Page. 117, - Volume 15 nc' .l.n.. 711 I GA I COUNCILMEN x r;: n A motion, was made to overrule -the Planning Commission Motion x and approve Variance No. 670, withAhe provision that Ayes x x : x' Mr. Willson comply with the changes. as. shown -on the Noes plan, and all encroachment on public property, be remove . Absent x Said motion _failed adoption. A motion-was. made to sustain .the findings of .the Plan- Motion x ning Commission and.deny, Variance No. 670. Said Ayes motion. failed. adoption. Noes x.x .x Absent x It. was directed. that the, matter.: be. held over. to, the Motion x Council meeting. to be held January 8. Ayes x. x x x Absent x The, action, taken closing the hearing, was. rescinded,. and Motion x the = hearing. was continued. to January 8. Ayes x x x x Absent x 3. .(Agenda_Item E -3) Mayor Stoddard declared -the hearing open. regarding.Ordinance No. 985,: being AN ORDINANCE OF THE CITY OF NEWPORT BEACH ESTABLISHING A SET -BACK LINE AND AMENDING DISTRICT MAP NO. 1, establishing, a S; foot front. yard set -back on Lot J. 'Block 17; Lots V and W, Block 16; Lots R, S, and T, Block: 15; Lots,H, J,- and K, Block 24;, and Lot L, Block.25; Tract No. 772; Planning Commission Amendment No. 120. No one desired to speak from the audience. The- hearing.wa Motion x closed. Ayes x x x .x Absent Ordinance No.. 985, was. adopted. Motion x Ayes x xx .x Absent . ORDINANCE FOR INTRODUCTION: 1. (Agenda:ltem F -1) Ordinance No.. 986,; being AN ORDINANCE OF THE CITY OF NEWPORT BEACH.REZONING PROPERTY AND.AMEND- ING DISTRICT MAP NO. -11, rezouing`Lots. 1 and 2,and Lots.9.through 16. of Block-10, Balboa Tract,. from C -1 to C -1 -Z; and southeasterly :135 feet of Block: "D ", 'Balboa Tract, from R -1. to Unclassi- .fied; Planning Commission Amendment No. 128; was .presented. Mr. William Stewart,, representing ithe property owners. of the parcels - involved in -the proposed rezoning.,spoke..from the audience. Ordinance No. 986. was. introduced and set. for public hearing. on! January 8,. 1962. � Motion Roll Call: x �d AY e �x.xx bsAhdt x x ATTEST: Ma r CtyCerk Page 117 xix X X. x Ix X X X Index Annex #49 CA 109 A 49 r� U Ford Rd Water main CA 12 R 5529 Co t act CA 1. Wager mak contract: C -781 H 5530 I -?aves of absence _A 46 r�L CITY OF NEWPORT BEACH Page 118 - Volume 15 December 26. .1961 COUNCILMEN OOZE% a N N i 0 yO z c, CONTINUED BUSINESS: 1. (Agenda Item H -1) Consideration was. given to the pro- posed annexation of inhabited territory-bounded by 22nd 'Street, Irvine Avenue, Tustin Avenue,. and 21st Street, known as "Annexation.No. 49" ,(also known as "Moden Annex "). Attorney Alex Bowie. spoke from the audience on behalf. of .the. proponents. of said annexation. It was explained .by.the City Manager. that since.there,are.two additional petitions for annexation of adjacent. areas, that it would be. more. economical to hold. one. election. Adis cussion ensued. regarding the_ necessity of. knowing many more facts. about the areas. proposed. for annexation. The City Manager was, instructed. to give. a. full report on. the Motion x physical status- of the. three areas proposed to be, annexed, Ayes x x x x said report to be received at the next Council meeting. Absent x The.two petitions, presented.to - the Council on December 11,. for annexation inAhe adjacent area.were, referred to Motion the Planning. Commission. for. report. Ayes x x x x Absent- x RECESS, for five minutes. was declared. by Mayor Stoddard. The Council reconvened.with.all members present except Councilman Kingsley. 2. (Agenda.Item H -2) A report.from the City Manager and Public Works Director regarding the proposed contract for -the construction of an. 18" water main. westerly of Jamboree Road and Ford Road, recommending that the -City advertise. for one combined Public Works. contract that would provide for both..the furnishing,of materials and. the: was.presented. John Patterson spoke.from the audience. Resolution No. 5529,: authorizing, -the. execution of a,.con- .tract with.The.Irvine Company for the installation of a water: line,, subject to minor changes, in. the, agreement, Motion x as initiated. by the City Attorney,, was. adopted. Roll Call: Ayes x x x x Absent x The, plans and specifications., for _the, construction -of Ford Roa&water main, (Contract C -781) were approved, and 'Motion x the City Clerk. was. authorized to advertise_ for' bids, to, be Ayes x .x x x opened in her. office. at 10:30 A.M. on January 18, 1962. Absent x CURRENT BUSINESS: 1. (Agenda Item I -1) Resolution No. 5530, amending; cer- tain provisions. of Section- VI. of Resolution No. 5289, re- lating,to leaves of absence, was, adopted. Motion oll Call: x Ayes x x x x. Absent x ATTEST: r City Cle k I Page 118 x R D C C H L P C C I F C Y C W C R H J C. R L f C. C. CITY OF NEWPORT BEACH COUNCILMEN Page .119 - VolumeA5 S A zi N Z 1 A Z A T Index December 26_ 1961 N K K K. K K K Z. (Agenda_Item I =2) Councilman Lorenz made a.motion to 5531 adopt Resolution No. 5531, adding the position of Deputy ep Fire Fire Chief.to,the._list of key personnel, effective January, hief 1962, and rescinding Resolution No. .54.30,, now in.effect. A 45 Councilman Cook desired. further. consideration of the matter prior to adoption. A discussion. ensued. Reso- Motion x lution No. 5531. was. adopted. Roll Call: Ayes xxx x: Absent x aster 3. (Agenda Item I -3) A copy of Resolution No. 657 adopted and Use ..by,.the Planning Commission, adopting certain Amend - lan ments .to.the Master Land Use Plan,, was presented. A A 128 discrepancy between the map prepared by the Planning Commission and. the map prepared: by The :Irvine Company, to..illustrateAhe use of the land,. was discussed. Con - sideration. of the Amendments,. to the Master Land Use Motion x Plan-was held over until the next Council meeting; pending Ayes x x x x :the coordination of the Planning Commission and The Absent • Irvine Company. maps,. and the. review by the Planning Commission of the-map. apical 4. (Agenda, Item I -4) A memorandum was. presented: from mpry the City Manager regarding Capital Improvement Finan- inancing A 166 cing. in Undeveloped Areas. The City Manager was. in- Motion x structed to revise. the policy-in accordance. wi_th.:the dis- Ayes x.x x x cussion had by the Council .in -the Study Session. on Absent x 'December 26, and..to present the revised policy to the Council at a Study Session. ouch 5. (Agendaltem I -5) A memorandum was presented from enter the City Manager and Public Works Director, dated all A 49 December- 21, -1961, regarding the cost of extending the concrete. block -wall on-the. northerly; side. of Fifth Avenue adjacent to the Youth Center. The City Attorney and the City Manager were instructed to prepare. an agreement Motion x with.the Youth Center to build.the -wall along,the ball Ayes x.x x • field, and. it was.agreed,that the City will extend.to,the Absent x Youth Center„ toward the actual cost of the.wall, a.sum not to exceed $850. 5532 6. (Agenda Item 1 -6) A memorandum, dated December 22, gay Program 1961, was - presented. from the City Manager and Public amboree 1W Works Director regarding the- realignment, and extension A 69 of Jamboree Road. Resolution No. 5532,; requestin&the County of Orange: to include. within the Arterial Highway Motion x Financing Program the., development of Jamboree Road, Roll Call: was. adopted. Ayes x.x x x Absent x 5533 :7. (Agenda.Item I -7) Resolution No. 5533, requesting.the andscape California State Highway Commission.to recognize the reeways k tag f l p° d g. g, y y,. was need:or ansca m .alon freewa s. within.the City,, Motion k 69 adopted. Roll Call: Ayes x x CYbsent x • ATTEST: May pr City qlerk Page 1.19 K K K. K K K aF U: C1 CITY OF NEWPORT BEACH Page. 120 - Volume. IS Index December 26.. 1961 COUNCILMEN F O O = m 3 N N a O O a 10 y x 8. (Agenda Item I -8) A memorandum was.presented from lid call the, City Manager and Public Works Director, dated alley December 21,..1961,: regarding,.plans. for. alley paving oaavi2n9g between Coronado Street and Fernando Street,, between A29 Bay Avenue and Edgewater. The. plans. were. approved, Motion x and the City Clerk was authorized.to advertise.. for bids Ayes x x x ,to be- opened at 10:30 A. M. on January 18,. 1962. Absent x faster :9. It was. stated:that a. request had. been received from the 'lan CYC Park Department. to approve the Master Plan, for. the A 49 Community Youth Center. The Master Plan-for the Community Youth. Center. in Corona. del Mar, identified as Public Works Department Drawing.No. 91- 3092,, was Motion x approved. Ayes x x.x Absent x APPLICATIONS FOR LICENSE: • (Agenda. Items -J -1,: 2, 3) The.following Applications for License.were presented: icenses A 63 1. Exempt, Russell H. Dress„ 710 Ranger Avenue, El Monte, soliciting,at business, establishments and on public streets in Newport Beach, selling novelties, i.e., lapel.flags,, shamrocks and.holly; applicant is. disabled war. veteran No. 2707825. 2. Edmund Ducommun, Ducommun Realty Company, dba Balboa Pavilion Company,- 400 Main Street, Balboa; water craft for hire at 400 Main Street, Balboa, consist - .ing.of small boats for fishing and pleasure; formerly owned, operated and licensed by Roy Gronsky. 3. Edmund Ducommun, Ducommun Realty Company, dba Balboa Pavilion Company, 400 Main Street, Balboa; 2 sightseeing, boats. at 400 Main Street, Balboa, "Pavilion and Balboa "; formerly (oper,ated and owned: by Roy • Gronsky. The Applications. numbered 2. and •3 were. approved. Motion Ayes x x x a Absent x Consideration of Application No. l was postponed until later in. the meeting. COMMUNICATIONS - REFERRALS: .der ipeal 1. (Agenda _Item K -1) The appeal of Mrs. Donald E. Elder ;e Per from the decision of the Planning Commission granting ,93 Use Permit No. 793, for a playground. on.the oceanfront L 49 beach.between A and B Streets, was presented. (Addi- tional letters of appeal were presented from the..follow- ing: Margaret D. Wilson, P. J. Wilson, and Emma -C. Thompson; Mr. and Mrs. Forrest Hart; June R. Metzleur.) The. matter- was, set for public. hearing on Motion x January, 8,: 1962. Ayes x x x x bsent x ATTEST: or cam... City Cl rk page .120 a O O a 10 y x CITY OF NEWPORT BEACH COUNCILMEN Page. 121 - Volume 15 F ➢a A Z p m O Y Index December.. 26, 1961 . 2, (Agenda .Item K -2) A letter. was presented. from Mr. Fogel John Vogel, appealing -.from the decision of the Planning appeal Commission denying Amendment No.. 127. to rezone the -ezone property at 215 Riverside Avenue, Newport Beach, from wmdmnt R -3.to C -1 -H. The. matter. was, set for public hearing, on Motion Ix k127 January 8,. 196?. Ayes X X. Ic x :A 10 Absent waver 3. (Agenda Item K -3) A letter was presented from Attorney 'r Map Odra L. Chandler, requesting, that he be heard regarding a Filla One ..waiver of.the,necessity for recording, a. tract map. Mr. :A 26 Chandler. spoke. from _the. audience, explaining ',his , reques 'r 1396 .. for waiver. A lengthy discussion_ ensued. A motion..was 'r 1896 made. by Councilman Somers, to refer the. matter to -the City Attorney.for. a.report and recommendation. Mr. Bert Mowat spoke- from the audience. in_reply . to- an. in- quiry about, the. sale. of a.portion of: the, property under discussion„ stating a portion of the property-had. been .sold. Councilman Somers. restated his motion,, and..the • ..following action was taken: Motion x Ayes x x x X. Mr. Chandler's., letter was. referred to the City Attorney Absent x for report and. recommendationto the Council; the City Attorney was. directed. to advise. as. to whether or not Mr. Chandler's. organization had.to apply fora, license. or per mit under. our planned.. residential ordinance; it was lewman req . directed,that determination be. made as. to whether a Facation of .portion..of. the property has.: been :sold. in. violation of our keeess subdivision ordinance; and the. letter from Mr. Robert E. ,A 26 Newman.(Agenda,Item K -4), requesting, "Vacation of Access Rights" , was.referred.to the City Attorney for report and recommendation. I °Brien .4. (Agenda,Item K -5) The Claim for Damages. of Daniel :1m84mgs O''Brien_ regarding, an alleged accident which occurred on A December 14,..196 1, when a.police: unit, backed.into his car, was denied, and the City Clerk' s. action. .in.ref erring Motion x _the - matter.: to the insurance. carriers, was. confirmed. Ayes x x. • Absent x fse of Po 5. A letter was presented. from Lester Fant, Assistant later Plant Manager of the Real Estate Department of The_Irvine 63 Company, giving.permission. to .the City of Newport 1A 49 Beach to permit the. property, located at. the, corner- of Bayside Drive. and El Paseo (deeded.to..the City for restricted . use- as. a water reservoir and water pumping plant),: to be, used by the lessees of the adjacent property Blurock & Ellerbroek, for purposes. of landscaping, parking,of automobiles, and. automobile. and. pedestrian access, to said leased property. .It was directed that Motion x the letter: be..filed. with.-the. deed. and that a. copy of the Ayes xxx x City, Attorney's letter. replying;to_ subject Is er o.be bsent x ..filed with. the deed. ATTEST: M yor• Cift Clerk Page 121 K. K Index Budget Amendment CA 102 • Or Co Airport expansion CA 64 • Balboa I bridge sign CA 97 Peninsul. Rezone CA 10 Shoreline Planning Assoc. Conferene CA 31 0 CITY OF NEWPORT BEACH Page 122,- Volume. 15 December 26. 1961 COUNCILMEN f fP 2 N U� BUDGET AMENDMENTS: (Agenda:,Items L -1,, 2,, 3,; 4) The following Budget Amend- ments. were. approved: Motion x Ayes x x x 1. No. C -35, in the. amount of $175, being ,an. _increase. in Absent x Budget Appropriations. from Unappropriated Surplus General to Fire. - Equipment, NOC;. for purchase_ of pum .from High School District to be. made into an emergency pumping; unit. 2. No. C -36, in the amount of $6000, being.an increase. in Budget Appropriations from Unappropriated Surplus General. to Sewers. - Land Improvements; for constructio ..of Buck Gully, bypass. sewer. 3. No. C -37,: in,the amount of $150„ being an..increase. in Budget Appropriations from Unappropriated Surplus General to - Insurance. - ,Insurance Fire; for additional funds for City Hall. art display. 4. No. C -38,. in. the. amount of $18, 700„ being, an.increase ..in Budget Appropriations, from Unappropriated Surplus Outlay -to General Services, - Street, Land Improvements .for., improvement of Dover Drive between Coast Highway and Westcliff Drive. COMMUNICATIONS - ADVISORY: (Agenda,Items.N -1, 2,, 3, 4, 5) The. following: letters were Motion .x ordered.filed. Ayes x x x Absent x 1. Copy of a.letter from the Newport Harbor Chamber of Commerce,to, the Chief of Air Traffic Division-of Federal Aviation Agency„ regarding, the Orange County Airport expansion -and . the.location -of -the San Diego Free way, in. the. vicinity, of Orange County Airport„ requesting a favorable decision .,of Plan "B" (Modified). 2. Letter...from Morris B. Pendleton, requesting, ' that. the letters "Limited Access" be replaced, upon the..bridge approach to Balboa - Island. 3. Letter.from Herbert R. Klocksiem,, commending the Council on, its decision to rescind the. resolution pro- posing R -4 to R -3- zoning, on. the Peninsula„ and. deter- mining that a. study should be made. of .the. population and traffic problems on. the Peninsula. 4. Invitation. from the Shoreline Planning. Association. of California, Inc.,. to attend their Annual Conference, to e be. held- at the Golden Tee IvAotel in Morro Bay, Californi , on January 19,..1962. ATTEST: Ma r Citj Clerk Page 122 i x xjx AB Li CA Dr Li Ap CA :1 CITY OF NEWPORT BEACH COUNCILMEN Page:123 - Volume:15 16 16 Index December 26,. 1961 p N City Clerk x V3 5. Copy of Application for Alcoholic Beverage License,. new C on -sale. general, Alan N. Ducommun, Joseph T. Jones, and Leo J. Fircher, Balboa Pavilion Company, 400 North .tense 156 Main Street, Balboa. ADDITIONAL ITEMS: (Agenda:Item J -1) Consideration,. which had been postpone ess earlier in the meeting,, was given. to Application for License tense plic, of Russell H. Dress. The City Attorney read a section of 63 the Business, and Professional Code. of the State of California regarding •. "exempt licenses" for veterans. The Application ..for License.of Russell H. Dress, as presented earlier in the - meeting as. "Application No. 1 ",: was approved. Motion Ayes x. x x x Absent x III The_ meeting, was, adjourned at 10:20 P. M. Motion x Ayes x x. x x. Absent x ATTEST: ayor n Page_ .1Z3 City Clerk x V3