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HomeMy WebLinkAbout02/26/1962 - Regular MeetingCITY OF NEWPORT BEACH Page 162 - Volume 15 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: February 26, 1962 Time. of Meeting: 7:30 P. M. �I1f�PY COUNCILMEN F p rN�220 y0 r�. a 1. Roll Call: Present x x x x x Absent x Commend Councilman Somers proposed that recognition be given to St:a KNBB 83 the FM Radio Station KNBB, located in Newport Beach, an CA FM station which makes. announcements. regarding Council meetings, Planning Commission meetings, et cetera, a good service to the City. Mayor Stoddard was. authorized to write Motion x a letter to Mr. James D. Higson, President of the radio Ayes x x x x x station, congratulating him and expressing the City's ap- Absent x preciation. for ' his announcements. HEARINGS: Carli 1. (Agenda Item E -1) Mayor Stoddard opened the public appeal hearing regarding the appeal. of Catherine Carli from the 21 " Var 677 decision. of the Planning Commission conditionally grant - CA 13 ing Application for Variance No. 677„ requesting - permis- sion to encroach 7. feet into a required. 10 foot rear yard setback for the. purpose of constructing.a carport, sun - deck and stairway; Lot 17, Block 131, resub of Corona del Mar, Zone R -2, 219 Dahlia Avenue, Corona del Mar. The findings of the Planning Commission were presented. Mrs. Carli spoke from the audience. Her letter of appeal. .was read.by the Clerk. J. W. Drawdy, Planning Directo , spoke from the audience and stated that. the Planning Commission had conditionally granted the Variance on the basis. that Mr a. Carli was. going to use the. property as a one - family unit. Mrs. Carli stated.that she had at all times.intended to rent a unit and that a misunderstanding apparently existed. It was: brought out that she is in a position,to acquire sufficient property to enable her to fulfill the density requirement for. the two dwelling, units .on subject parcel. The hearing, was. closed, and the matter. was. referred Motion x back to the Planning Commission to hear - the new evidence.. Ayes x x x x x Absent x Greene 2. ,(Agenda Item E -2) Mayor Stoddard opened the public appeal hearing regarding; the appeal of Mr. and Mrs. Donald E. Var 680 Greene. from the decision. of the Planning Commission CA 13 denying Application for Variance No. 680, requesting per mission to encroach 2 feet into a required 5 foot front yard se.tback.for the purpose of constructing a 2 car garage ,(or a. 1. car garage with carport); also encroach- ment with a 6. foot fence to within 1 foot of the sidewalk along Prospect Street on that portion of the lot as. shown on the plot plan; portion of Lot 16 and 17, Block 15, Tract No. 772, Zone R -1; 441 Prospect Street, Newport Beach. The findings of the Planning Commission were presented. Mr. Donald E. Greene. spoke from the audience. The City Clerk read a letter from Wayne Rankin stating that he. was one. of the property owners most directly affected by Greene`s.pr os s tback F ATTEST: M o M ty C1 rk Page 162 Index �J Moody CA 108 A 51 Ord 992 Swimming' at "Wedge CA 49 CITY OF NEWPORT BEACH Page 163 - Volume 15 February 26, 1962 encroachment and that he believed the. encroachment would in no way be. detrimental to his property or adjoin - ing property. The Planning Director spoke from the audience and concurred in a.statement made by Mr. Greene that. the 5 foot front yard setbacks had become effective after Mr. Greene had acquired his property and that Mr. Greene had protested the. adoption of the ordinan A motion was. made to close. the hearing and overrule the findings of the Planning Commission as far as. the infringe ment of 2 feet into the required 5 foot front yard setback, finding ,a hardship exists, and sustaining the.findings.of the Planning Commission.in denying,the 6,foot fence en- croachment to within.one foot of the, sidewalk along Prospect. Said motion failed adoption. The hearing was closed, the. findings of the Planning Cox mission were overruled, and Variance No. 680 was granted.with permission.to encroach 2 feet into a requir 5 foot front yard setback,for the purpose of constructing a garage,and a 6 foot fence along Prospect. Street to the corner of the. garage. Ar. William G. Moody spoke. from the audience and pre - iented a petition proposing, annexation to.the City of Newport 3each of an area located. westerly of Tustin,, northerly of 2nd,. southerly of Santa Isabel�and:bounded on the west ap- iroximately 300 feet. easterly of Santa Ana Avenue. between .3rd and Santa.Isabel,and.approximately 630.feet easterly if Santa Ana Avenue-between 22nd and 23rd Streets. Mr. Aoody stated., that approximately 120. signatures had been ob- ained on the.petition for annexation. petition was, received, and. the matter .was. referred. to Planning Commission (identified as proposed Annexation 51). FOR INTRODUCTION- 1. (Agenda Item F -1) Ordinance No. 992, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 4241 TO THE NEWPORT BEACH MUNICIPAL CODE RELATING TO PRO- HIBITING SWIMMING, prohibiting swimming„ bathing or diving in the ocean within 200 yards. of the. shoreline or 200 yards, of the West Jetty at the "Wedge ", was.presented. A discussion ensued. regarding. whether .it would be sufficient to post the area for hazardous. swimming, and surfing, or to com- pletely close the arei. TheAollevAng people participated TTEST: Citv\ Clerk Page 163 COUNCILMEN Motion x Ayes x x Noes Absent x Motion Ayes Noes x x Absent x Motion Ayes Absent 11.3 x a 0 �\o v mrl Index February 26 1962 0 Ora 94 TrailE Parks CA 16 Annexa A 50 CA 1W • Balboa Inn of site Parkir CA 22 Alley Vacat: CA lea Improi Accept CA 12� CITY OF NEWPORT BEACH COUNCILMEN Page 164 - Volume. 15 in a.discussion opposing.the ordinance: Norman Montape t, Tom Jewell, Bill Darling, Steve Knauer, Mr. Darling, Sr., and Jack Coberly. Chief Lifeguard Robert Reed spoke from the audience. Mrs. Montapert spoke. Ordinance No.. 992, was. introduced and passed.to second Motion x reading. Roll Call: Ayes x x x x Noes x Absent x RECESS. for. five minutes. was declared by Mayor Stoddard. The Council reconvened, with all members present except Councilman Lorenz. ORDINANCE FOR ADOPTION: 1. (Agenda.ltem 0-1) Ordinance No. 991, being l AN ORDINANCE -'qF THE CITY OF NEWPORT 'r BEACH REPEALING ORDINANCE NO.. 592, ORDINANCE NO. 703, MUNICIPAL CODE SEC-, TION 8123, AND ADDING A NEW SECTION 8123 AND SECTION 8124 TO THE NEWPORT BEACH MUNICIPAL CODE RELATING TO TRAILER PARKS, presented for second reading, was.adopted. Motion x Roll Call: Ayes x xxxx' Absent x CONTINUED BUSINESS: �ti.o . (Agenda Item H -1) Consideration. of Annexation No. 50, { being the area bounded. on the West by the. easterly-boun- daries. of Upper Newport Bay, on the South by Coast Highway (including The Dunes), on the East by MacArthur Boulevard, and on:.the North.by, the present boundaries,of the City,, was postponed.until the next Council meeting. 2. (Agenda H -2) Consideration of the request of the f - :Item Balboa ,Inn for. waiver of off - street parking, requirements subject. to the condition.that a legal contract be executed ig .by the City and the owners of the Balboa.Inn for. off -site parking on.the Municipal Parking Lot and. certain other conditions, was. continued until. the next Council meeting. The request of Dowd Associates, Inc. for the vacation of on an alley between Main and Washington Streets.was: re- Motion x ferred to the Planning Commission. Ayes x x x x X: Absent x CURRENT 'BUSINESS: reme it :anc 4. (Agenda Item I -1) A memorandum from the City Manager i and Public Works Director recording, the acceptance ATTEST: N City Clerk Page 164 CITY OF NEWPORT BEACH COUNCILMEN Page 165 - Volume 15 Index February 26 1962 A N N °z yc , of improvements in Resubdivision No. 128 ,(located at the aputheasterly corner of Westcliff Drive- and,Irvine Ave- nue), and authorization. to the City Clerk to release the performance bond, was. presented. The. recommendat4ong Motion x were. accepted,, and the City Clerk was. authorized to re- Ayes x x x x x lease the performance bond. Absent x R 5555 2, (Agenda Item I -2) Resolution No. 5555,. requesting a Public Rd CA 162 public road connection to MacArthur Boulevard, a.declar d Motion x Freeway, was adopted. Roll Call: Aye.s x x x x x: z Absent x R 5556 3. (Agenda Item I -3) Resolution No. 5556, adopting and Budget submitting a.budget for expenditure of funds. allocated CA 71 from the State Highway Fund to Cities (re signals and channelization.at Balboa Boulevard, Superior Avenue and Coast Highway), was adopted. Motion x Roll Call: It was.estimated that the City's. share of the costs , in - AYes x : xxxxii volved would be $3300. Absent x Civil 4. (Agenda, Item I -4) A memorandum was presented from Service Paul Rodet, Chairman of the Civil Service Board, sub - Bd memberE mitting the names of three nominees of the Boa(rd:to ful- CA 85 .fill the term of Mr. A. K. Phelps. on..said Board. Appointme t Mr. Frederic W. Salyer was appointed to fulfill the un- Motion x to Board expired term of Mr. A. K. Phelps, as. a member of the Ayes x x x x x CA 85 Civil Service Board. Absent x Rodet A letter was presented from Mr. Paul H. Rodet, submit- resignation ting, his. resignation as. of February. 26,. 1962, as. a member CA 85 of the Civil Service Board because of his moving outside the City limits. The. letter of resignation from Mr. Paul Rodet was. accepted with regret, and it was. directed. that Motion x a proper: letter of appreciation be. written. to Mr. Rodet and Ayes x x x x x t • that .a.4Certificate of Appreciation be forwarded, to him Absent x for his, excellent services. on the Board. Appointme t Mr. William A. Pennington.was appointed to fulfill the Motion x to Board unexpired term of Mr. Paul H. Rodet as. a member of the Ayes x x x x x 3 CA 85 Civil Service Board. Absent x Sea Water 5. ,(Agenda Item I -5) A copy of a report from the Public Barrier Works Director to the City Manager entitled "Report on CA 12' Santa Ana Gap Sea Water Barrier' ' was, received and Motion x ordered filed. Ayes x s.x x x I Absent x Cliff Dr. 6. (Agenda Item I -6) A report from the Public Works repair Director regarding. reconstruction of Cliff Drive was Motion x CA 29 noted and ordered filed. Ayes Ix x x x x 3 Absent x May r ATTEST: S ity Clerk Page 165 CITY OF NEWPORT BEACH Page. 166 - Volume 15 Index February 26,, 1962 Upper Bay 7. (Agenda Item I -7) The 'Public Works Director reported Water Maiik orally regarding plans. for the Upper Bay water main loop CA 12 The City Attorney was authorized to prepare an agree - Ayes ment with James M. Montgomery, Consulting Engineers, for. the: design of the. extension of a.water main northerly x along, Irvine Avenue and Tustin Avenue from Santiago Absent Drive. to a point. approximately 300' northerly of Del Mar x Avenue. Water The Public 'Works Director was authorized.to write a Service Tr 4444 letter. to the State Real Estate Commissioner stating that CA 12 the City will provide water service to Tract No. 4444. Accept 8. (Agenda Item I -8) A memorandum was presented from Improv. the City Manager and Public Works Director. recommend - CA 129 ing the acceptance. of improvements,in Resubdivision No. 96,(located- at- the northeasterly corner of Tustin, and 22nd • Street) and authorization .to the City Clerk to. release the performance. bond. The recommendations. were accepted, and the City Clerk was authorized to release the perfor- Absent mance bond. R 5557 9. (Agenda Item I -9) Resolution No. 5557, authorizing,the Agreement execution. of an Agreement with Pacific Electric Railway, CA 26 subdivider, for the, construction of improvements in Tr 3813 Tract No. 3813, was adopted. R 5558 0. ,(Agenda Item I -10) Resolution No. 5.558, authorizing,the Agreement execution of an Agreement with Pacific Electric Railway, CA 26 subdivider, for the. construction of improvements. in Tr 4400 Tract No. 4400,. was adopted. Harbor 1..(Agenda Item I -11) The Harbor lines, as proposed for lines the 'Upper Newport Bay by the Orange County Harbor Upper Bay District,, dated January 26, 1962, were approved. CA 70 • COMMUNICATIONS - REFERRALS: The.following communications, designated I through 6,. wen ordered. filed, and the communication designated,7 was.re- ferred to the City Manager. Metropoli an Issues 1. (Agendp Item K-1) Letter from California League. of CA 55 Cities regarding Resolution and Principles adopted at League's Special Conference on Metropolitan Issues. Assembly 2 (Agenda Item K -2) Copy of letter from Coastal Municipal Bill 2728 CA 12 Water District stating that said District has expressed its CA 66 opposition to Assembly Bill No. 2728 as proposed:. in. the .1961 Session of the Legislature, attaching a copy of its • Resolution. of Objection. ;• pp-- X_ 6a ATTEST: o Citly Cle k page 166 COUNCILMEN Motion x Ayes x xxxx Absent x Motion Ayes Absent xl x Motion x Ayes x x x x Absent x Motion x Roll Call: Ayes x xxx Absent x Motion x Roll Call: Ayes x x x x Absent x Motion x Ayes - x x x x Absent x Motion Ayes Absent x x t± Index Hospitals, CA 172 Highway Landscape CA 4.9 CA 69 Dept.Urba Affairs & Housing CA 66 • Airport Service CA 99 Alley Resurface CA 29 Carillon Chimes 0 CA 123 Budget Amendment CA 102 CITY OF NEWPORT BEACH Page. 167 - Volume. 15 COUNCILMEN x 3. (Agenda .Item K -3) Letter: from County Health Officer, Edw. Lee Russell, M.D.,, regarding. hospital projects. 4. (Agenda Item K -4) Letter from Robert D. Bradford, Director of Public Works. and Chairman of California Highway Commission regarding the policy of California Highway Commission on landscaping. S. (Agenda Item K -5) Copy of a telegram to Mayor Stoddard .from H. Merrill Butler, Jr., President of the Home Builders Association -of Los Angeles, Orange. and Ventur Counties,, urging,the Mayor ".to write or wire our United States Senators.and.our Southern California Congressiona Delegation asking. that they vote against establishment of cabinet status for Department of Urban Affairs. and Hous- ing,as proposed.by the- Administration.." 6. (Agenda,Item K -6) Application before..the Public Utilities Commission. of the State of California of Airport Coach Service for Certificate of Public- Convenience and Neces- sity to extend the present operation of applicant as a passenger stage corporation of passengers„ baggage and express. toAnclude. scheduled service- between the present terminal area in Santa Ana, the Santa Ana Hotel, the New porter Inn„ 22781 Jamboree Road, and the Los Angeles In- ternational Airport; and to establish routes,frorn Newport Beach.direct to Los Angeles International Airport and via Disneyland Hotel. 7. (Agenda Item K,7) Letter. from Chas. A. Robinson, 2714 W. Ocean. Front, Newport Beach,. representing. a group of property owners who are interested in having,their alley resurfaced„ if expense involved. is not too great. 8. A.letter was presented from Walter C. Myhre, President of the Newport Harbor Lutheran Church Council, stating that said.church has- received.funds: for a.memorial, con- sisting of a.set of Mass -Rowe Carillon chimes and re- questing permission. to use the amplified. chimes. on Sun- days, and certain ch)irch festivals. not .earlier than 8:00 A. M. and not later than 9:00 P. M. and for Easter sunrise services. about 6:00 A. M. The. request of the Newport Motion Harbor Lutheran Church.was granted. Ayes x x x Absent BUDGET AMENDMENT: ,Agenda Item L -1) The. following Budget Amendment was Motion x approved: Ayes x x x Absent No. C -73, in the amount of $1500,, for insurance coverage. additional. cost. for false arrest insurance. coverage ($900) and for libel and slander coverage ($600) (if desired); be- ing an increase in Budget Appropriations. in. the amount of $1500,. from Unappropriated Surplus General. to Insurance - Surety Bonds, False 'Arrest &Money and curities. r TEST: Cit Clerk Page 167 x CITY OF NEWPORT BEACH Page 168 . Volume. 15 Index 9G 104 1 COUNCILMEN O O Z F O x m� u+ZL OOO ADDITIONAL BUSINESS: None COMMUNICATIONS. - ADVISORY: (Agenda Items N -1 through 9) The following communications were ordered filed.with.the. comment that Councilman Motion Kingsley'had received a very fine compliment (Communica- Ayes x x3 tion No.. 1) and that Police Sergeant K. E. Thompson. had Absent x received a.fine commendation (Communication No. 5). Kingsley 1. (Agenda Item N -1) Letter from Mrs. Elsie J. Dewey Commended CA 83 commending Councilman Kingsley for. his, efforts. to assist her in connection with. her. complaint regarding mud. slide in her back yard. Or Co League Cities 2. (Agenda Item N -2) Minutes.o£ the Orange County League Minutes of Cities Executive Committee Meeting.held February 8, C42 � 1962. For Sale 3. (Agenda ..Item N -3) Letter from Mrs. D. E. Nichols. op- Signs posing. an ordinance. which. would prohibit property owners_ CA 19 from displaying "For Sale" signs, stating that we would all be at. the mercy of the Board of Realtors, if such .an ordinance. were passed. For Sale 4. (Agenda Item N -4) Communication from Mr. and Mrs. Signs Telford T. Dotts, opposing an ordinance prohibiting- "For CA 19 Sale" and "For Rent" signs,on private property. Commend .5. (Agenda Item N -5) Letter from Reverend Edward C. Police Smith of Christ Church by the Sea commending Police Sergeant Sergeant K. E. Thompson for. the manner in which he CA 83 conducted.a police, investigation. Willson 6. (Agenda Item N -6) Letter from Murton H. Willson com- comanend mending the Council for the manner in which his, recent application for Variance was. handled„ stating, that he. had Council .the feeling that all the members, of the Council listened CA 83 and, thoughtfully considered. the points: he. presented and that. the citizens of Newport Beach should feel secure that their personal petitions are given. the. same attention as .major issues. Anaheim 7. ,.(Agenda Item N -7) Announcement from Charles E. Defense Griffith, Anaheim Civil Defense Co- ordinator, regarding Week the activities of Anaheim Defense Week,, held February 1 CA 111 to February 23. ABC 8. (Agenda,Item N -8 (a), (b), (c)) Copies. of Applications. for License Alcoholic Beverage Licenses: CA 156 (a) New on -sale beer. license, Harold J. Frederick, Black Bottom, 2436 West:-Coast Highwa Newport Beach. • a �,z� ATTEST: City C erk Page 168 Index ABC License CA 156 Adcros #4 Annex to Costa Me CA 108 • CITY OF NEWPORT BEACH COUNCILMEN Page 169 - Volume. 15 February 26, 1962 ,(b) Person to person. Transfer, off sale general license, Elizabeth J. and Heinz H. Kaiser, Sportman's Liquor Store, 2615 West Newport Boulevard, Newport Beach. (c) Person to person Transfer on sale. general (bona fide public eating place) (dropping partner Jacques.E. de Kervor) Charles W. Foster, Chevalier de la Table Ronde, 708 East Ocean Front, Balboa. (Agenda ,Item N -9) Excerpt from the Minutes of the Boundary Commission .regarding,proposed annexation of territory to the City of Costa Mesa„ being Adams No. 4 Annexation - Corrected;, located. southerly of Adams, easterly of the, Santa Ana River and westerly of Harbor Boulevard. meeting.was adjourned at 9:57 P.M. motion to adjourn at 9:57 P. M. was: rescinded. Council remained convened with all members present Pt Councilman Lorenz. City Attorney presented a resolution proposed by the of Costa Mesa for adoption by the City of Newport Bi R 5559 Resolution No. 5559„ being, a Resolution of the City Council Monrovia of the City of Newport Beach, California, approving a pro - Ave. posed Resolution of Intention submitted by the City Council Improv. of the -City of Costa Mesa, California, granting consent to District the inclusion of certain territory within the boundaries. of the CA 29 City of Newport Beach proposed to be assessed for the ac- complishment of certain improvements, and granting consen to .the. work proposed to be ;done within the City of Newport Beach as described. in said proposed Resolution of Intention, pursuant to the Monrovia Avenue Improvement District,, was meeting was adjourned at approximately 10:10 P. M. FATTEST: 112.zets Mayor Page 169 Motion Ayes Absent Motion Ayes Absent Motion x Roll Call: Ayes x x x x Absent x Motion Ayes x x x x Absent x 0 0 c.