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Home My WebLink About04/22/1963 - Regular MeetingCITY OF NEWPORT BEACH Volume 16 - Page 211 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: April 22, 1963 Time of Meeting: 7 :30 P. M. Index Vl "_ ..c --- COUNCILMEN • N v2vom� • Roll Call: Present x x x x x x x The reading of the Minutes of the Regular Meeting of April:- S, 1963 and the Regular Adjourned Meeting of April 15, 196 p was waived; the Minutes were approved as written and or- Motion x dered filed. All Ayes HEARINGS: 1. Mayor Hart opened the continued public hearing regardin Ordinance No. 1029, being Ord 1029 AN ORDINANCE. OF THE CITY OF NEWPORT BEACH re house- ADDING CHAPTER 7 TO ARTICLE VIII OF THE boats boats BEACH MUNICIPAL CODE RELATING & House- TO HOUSEBOATS AND HOUSEBOAT MARINAS. boat s No one desired to speak from the audience. The hearing Motion x �rina was closed. Roll Call: adopted CA 70 Ayes X X X X X X X Ordinance No. 1029 was adopted. Motion x Roll Call: Ayes xxxxxxx 2. Mayor Hart opened the public hearing regarding the Hrg appeal of Harry E. Brockman from the decision of the re Planning Commission conditionally granting Mrs. L. 732 Louise L. Houghton's Application for Variance No. 732, 73 13 CA in which she requested permission to make a 2 1/2 foot encroachment into front and rear yard setbacks or 5 -foot encroachment into rear yard or front yard and a 1 foot encroachment into side yard setbacks at 335 Lindo Street Balboa; Lot 44 and a portion of Lot 145, Subdivision of Block A, East Newport Tract, Zone R -1. The recom- mendations from the Planning Commission that Applica- . tion for Variance No. 732 be withdrawn, as requested by the applicant for the reason that Mrs. Houghton -was un- able to purchase .the property involved, were presented. The Clerk read a letter dated April 20, 1963 from Mrs. Houghton in which she indicated that she "cancelled" her Application for Variance No. 732 and that she would be unable. to attend the hearing on April 22. No one desired to speak from the audience. The withdrawal of the Appli- cation for Variance No. 732 was. approved and the appeal Motion x was dismissed. All Ayes ORDINANCE FOR INTRODUCTION: Drd 1. Ordinance No. 1037, being 1037 re lani for AN ORDINANCE OF THE CITY OF NEWPORT BEACH use house AMENDING SECTIONS 9103.62 AND 9103.72 OF THE boat NEWPORT BEACH MUNICIPAL CODE RELATING narina s TO LAND USE FOR HOUSEBOAT MARINAS, hrse for )4 411�11 hrg. if ,A 70 ATTEST: Mayor S City Clerk Page 211 Index Ord 1036 re tion CA 108 • County Area recog. R 5765 adoptec CA 53 • Off - street Inn CITY OF NEWPORT BEACH COUNCILMEN Volume - 16 - Page 212 April 22, 1963 was. introduced and set for public hearing_ on May 13, Motion 1963. Roll Call: Ayes ORDINANCE FOR ADOPTION: 1., Ordinance No. 1036, being AN ORDINANCE OF THE CITY OF NEWPORT BEA4 EXCLUDING CERTAIN UNINHABITED TERRITORY FROM THE CITY, ALTERING THE BOUNDARIES OF THE CITY TO EXCLUDE SAME, (the triangular area of 0.43 acres.at MacArthur Boule- vard and Acacia Street) was presented. Ordinance No. Motion 1036 was adopted. Roll Call: Ayes BUSINESS: 1. Orange County Standard Metropolitan Area recognition: (a) A letter was - presented from Supervisor William J. Phillips, transmitting, a copy, of a Resolution adopted by the Board of Supervisors, on: April 2, requesting Orange County Standard Metropolitan Area recogniti+ .and urging that all cities adopt a .similar resolution. (b) A copy of a Resolution adopted, by the City of Hunting- ton Beach„ making a similar. request,: was,presented. (c) Resolution No. 5765, . requesting the designation of Motion Orange County. as_.a Standard Metropolitan Area, was Roll Call: :adopted. Ayes Noes Mayor Hart stated that Mayor Rector L. Coons of Anaheim, a member of the Committee going to Wash - .ington, D. C. to request Orange County Metropolitan Area recognition, had requested authorization to repri sent the City of Newport Beach and, to deliver its Reso lution to the Committee on Standard Metropolitan Are< Bureau of the Budget, Executive Office of the Presi- dent, Washington, D. C. The Council agreed that Mayor Coons, should be so authorized. Z. Balboa Inn property: (a) Councilman Elder made a motion to adopt Resolution Motion No. 5766, authorizing the Mayor and City Clerk to execute an off - street parking agreement with Richard H. Rice, et al., specifying that in,the agreement 56 off - street parking spaces be required. Mr. Richard TTEST: Mayor ty Page 212 Index R 5766 R 5767 overhd walkwa, CA 22 • Beach R 5768 CA 49 Final Map Tr 385: R 5769 *CA 23 0 R 5770 re sale of Parcel B CA 38 CITY OF NEWPORT BEACH COUNCILMEN Volume 16 - Page 213 H. Rice spoke from the audience. Councilman Marshall made a, motion to amend the number of off - street parking spaces,required in the. agreement to be 66„ which motion carried. Resolution.:No. 5766 was adopted. (b) Resolution No. 5767, authorizing the. execution of an encroachment permit allowing overhead walkway to encroach across ocean front street adjacent to the Balboa Inn, was adopted. 3. A discussion was had..regarding a proposed Resolution endorsing beach erosion control "Plan E" in principle. Councilman Stoddard suggested.various. revisions in the proposed Resolution to indicate that the Council endorses beach erosion control and a modification of Plan A, in principle. Resolution No. 5768, endorsing beach erosion.control in principle, was.adopted. 4. Re Final Map Tract No.. 3852: ,(a) Resolution No. 5769, authorizing the. execution of an agreement with Clifftop Development Company, a .limited partnership,. by'Sturtevant Development Com- pany, a California corporation as general partner, subdivider, for. the construction of improvements in Tract No. 3852, was adopted. (b) A Letter of Credit numbered 18, 199,. of the United California Bank, extended to Clifftop Development Company,. in the. amount of $57, 900, expiring October 8, 1964, in lieu of cash-deposit or surety bond, was approved. (c) The City Clerk was.authorized to sign the Final Map for Tract No. 3852. 5. A memorandum from the City Attorney, dated April 17, 1963, regarding the sale of Parcel B, the Finley Avenue lot, was presented. Resolution No. 5770, finding that certain City -owned waterfront (Lot 4 in Block 434 - of Canal Section, Newport Beach) is not suitable for use as a public beach or park, was.adopted. &L az 51-4 ATTEST: Mayor rk Page 213 Motion Roll Call: Ayes Abstained from votin Motion Roll Call: Ayes Noes Motion Roll Call: Ayes Noes Motion ill Call: Aye s Motion Roll Call: Ayes Motion All Ayes Motion All Ayes Motion Roll Call: Ayes mp�o co rm v i v °o m °ov Index • Sabot sailbo CA 49 Redis Cmte rept Counci: Cmte appt CA 60 CA 165 F_ IL Harbor View ing Basin CA 54 Steel bldg ai 0 4AS190Si site 38 C 840 Civil rules amdmt CA 85 lie CAp63 • CITY OF NEWPORT BEACH Volume 16 - Page 214 April 22, 1963 6. A report dated April 4, 1963, from the City Manager re- garding the transfer of funds from the account Recreation is Supplies-to the account Equipment Outlay, in connection .with the acquisition of Sabot sailboats, diaried from April 8 to April 22, was presented for further considera- tion. The City Manager suggested the matter be filed. It was directed that the matter be filed. 7. Further consideration was given to the report received from the Redistricting Committee. of 1963. It was direct• ed that that portion of the report that suggests that the two Irvine Terraces:be ,joined either into District Five or District Seven, be disapproved. Mayor Hart was. authorized to. select a Committee of the Council, and anyone else he wishes, to study redistrict- ing. The appointment by Mayor Hart of Councilman Marshall as Chairman, and Councilmen Gruber and Cook as members of said Committee to realign the Council - manic Districts, was.confirmed. CURRENT BUSINESS: A memorandum was presented from the City Manager and Public Works Director recommending the approval of plans and specifications for the Harbor View Retarding Basin, and recommending that the City Clerk be directed to senda certified copy of the Council' s. action approving the plans and specifications to the Orange County Flood Control District. The.. recommendations were approved and authorized. A memorandum was.presented from the City Manager and Public Works Director recommending,approval of plans and specifications for a steel building at the new disposal site, and recommending authorization to the City Clerk to . call for bids on May 22, 1963, at 10:30 A. M. The recommendations were approved and authorized. 3. A memorandum was presented from Frederic Salyer, Vice Chairman, Civil Service Board, recommending amendments to the Civil Service rules. The. recommerida tions dated April 17,. 1963 were approved. TIONS .FOR LICENSE: 1. The Application of John R. Buesing„ dba Harbor Security Patrol, 702, W. 5th St., Santa Ana, for private patrol of commercial, residential areas, and boats; being a change of ownership, from E. W. Ferguson, dba Atlantic and TEST: rk Mayor Page 214 Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes Motion J Ayes Motion All Ayes - Motion All Ayes COUNCILMEN r ?° 10 O o s m 2 o c o xl Index B 1 a c C A 63 G 1 a C 4 F L 1 a C 1 a C. L a a C, z CITY OF NEWPORT BEACH COUNCILMEN Volume 16 - Page 215 April 22. 1963 N V7 - 6Sr, o • Pacific Patrol, was presented for consideration. An uesin excerpt from the Minutes of the Council meeting held iC February 24, 1958, regarding the revocation of the pp1 license of John R. Buesing, was presented. Attorney opt. Richard Higbie and John R. Buesing spoke from the audience. It was directed that the license. be disallowed Motion for the reason, that the Council finds that the applicant.. is Ayes x x x x x not a proper character risk to have this kind of license Noes x and that issuance.of the license might endanger the public health, safety and welfare. of the community, based on .the evidence.disclosed at this meeting. roove 2• The Application of Steven Groover, dba Pacific Surf Lc Rentals, 2531 Crestview Drive, Newport Beach, for ppl watercraft for hire at 2012 West Ocean Front, surfboard k 63 rentals, operating from an asphalt paved parcel adjoin- ing the beach (Planning Department advised that Use Per i mit No. 939 had been granted in April, 1963 for one year only), was approved subject to a favorable report being Motion x made by the. City Manager at the next Council meeting All Ayes stating that no business is being conducted from public property, and all other conditions are satisfactory. rs of 3. The exempt Application of Julie P. Landers, Board mem Lbr her of Friends of the Library, for book sale at 3433 Via Lc Lido, one day only, April 26, at Richards Market, pro - 3p63 ceeds,to go to Library fund, was approved. Motion All Ayes Caig .4. The Application of Regina A. Craig, dba Craig's Cater - Lc ing, 1668 Palm, Santa Ana, for 20 additional locations spl for portable food truck, servicing workers.and employee , k 63 was presented. The granting of the license was held ovei Motion x until the next meeting pending the receipt of a report All Ayes from the City. Manager. The following Applications for License were approved: Motion x All Ayes 5. F. R. "Rick" Kauzlaric, 6017 Case Ave., North Holly- wood, for patrol service, consisting of uniformed armed guard service for Macco Corporation on its, construction Cc sites on Seashore Drive. )pls )pr 6. Exempt, Hollis R. Spindle, Assistant Scout Executive, 1 63 Boy Scouts of America, Orange Empire Council, 1023 W. 8th St., Santa Ana, for soliciting by Scout Troops and Cub Packs the sale of tickets to the general public for the Annual Scout -O -Rama at Orange County Fair- grounds; proceeds going to Orange Empire Council and to the individual units selling tickets; April 26 through May. 25, 1963. ��Z %yti2� � • �7 �i1� Mayor ATTEST: C ty Cl rk Page 215 Index • Green- ville Banning channel marina CA 70 11 ment mit a Tr 42 CA 23 Cherry Lake CA 54 CA 154 CITY OF NEWPORT BEACH Volume 16.- Page 216 April 22, 1963 COMMUNICATIONS - 'REFERRALS: 1. The. following, communications. were ordered filed: (a) Excerpt from the Minutes, of a meeting of the Orange County,Board of Supervisors held April 9, 1963, stating that the Board of Supervisors. rejects the pro- posed-right-of -way contract with the City, of Costa Mesa. for a. portion of the Greenville- Banning- channel and instructs. the County Counsel to proceed with the .trial to determine the value of the portion of said .channel under condemnation. (b) Excerpt from the Minutes of a meeting of the, Orange County. Board of Supervisor s. held April. 9, 1963, stating that H. G. Osborne, Chief Engineer of the Orange County Flood Control District, A. S. Koch, County Surveyor and Road Commissioner, Kenneth Sampson, Orange County Harbor Manager, Harry E. Bergh, Orange County. Planning, Director, Stanley E. Krause, Chief Right of Way Agent of Orange County and George F. Holden, County Counsel, were directec to work with all parties of interest involved, in the pro. posed Greenville- Banning Channel Marina in an effort .to determine, the feasibility of said.marina.and.to re- port. their findings and recommendations to the Board of Supervisors. (c) Resolution of the City Council of the City of Costa Mesa,, urging. the Board of Supervisors to declare its .intention to favor the use of marine: channels and waterways in the. tidelands. at the. mouth. of the Santa Ana River. in the cities. of Costa Mesa, Huntington Beach,, and - Newport Beach. 2., The Application of Macco Realty Company, for an en- croachment permit .to construct a. masonry wall six :feet L- in height along the north boundary,;line of Tract No. 4224 ° .adjacent. to North Star Lane, was presented. The .matter was held over until a communication is received from the County, on the subject, at which .time . the matter is to be. taken..up again. 3. A copy, of a petition sent to the Orange County Flood Con - trol District "for correction of a aerious. potential prob- lem confronting ;the. property owners adjacent to and surrounding the Cherry Lake Area. of Orange County, and the City of Newport Beach," was.presented. The matter was referred to the City Manager and Public Works ,Director for follow -up. Mayor ATTEST: Page 216 Motion All Ayes Motion All Ayes Motion .Ali Ayes COUNCILMEN a `A EGA O Index • Dredg- ing near Newport Island bridge CA 70 Budget Amdmts CA 102 • P E Cmte report if acquisi tion of 13 • CITY OF NEWPORT BEACH Volume 16 - Page 217 April 22, 1963 4. A letter was presented from John H. and Joan Slater Coogan, requesting that the canal near the bridge to New. port Island be dredged. The matter was referred to the City Manager and Public Works Director for follow -up . and a report, and the City Manager was requested to answer the letter. BUDGET AMENDMENTS: No. C -46, in the amount of $5700 (being a decrease in Unappropriated Surplus) and an increase in Budget Ap- propriations for abatement of weeds - contract entered into with Harold Watts, estimated at approximately $7200 from Unappropriated Surplus General to General Services - Streets, Weed Abatement - Private, was approved. No. C -47, for City's share.of traffic signals at Newport Boulevard.. and Westminster Avenue, per agreement with State Division of Highways; City, to be reimbursed by'Hoa; Memorial Hospital; being no increase or decrease in Un- appropriated Surplus; being an increase in Budget Appro- priations from Unappropriated Surplus General.in the amount of $5100 to General Services, Traffic, Land Im- provements, for traffic signals at Newport Boulevard and Westminster, and an increase in Donations, and Contribu- tions in the amount of $5100, was .approved.. ADDITIONAL BUSINESS: Councilman Stoddard made a motion,that the report of the Pacific Electric Committee. on acquisition of property be approved; the report from. the Committee. being that the Committee,. suggests, that Parcel 1 be.acquired by purchas and that Parcels 2, 3, 4, 5, 6 and The leased and ac- quired by purchase as. funds; become available, that the funds,for the .purchase of Parcel 1 be obtained from the Capital Outlay fund, and that the balance be borrowed froi the Cash Reserve fund, since this.money will not be. re- quired until next August, if then. Councilman Lorenz made.a motion to amend Councilman Stoddard's motion that the.portion as,to the method of financing be. deleted from the approval and that the method of financing be. de- termined at the next Council meeting, which motion carried. Councilman Stoddard's motion was .amended to direct that the Pacific Electric property be -acquired at the quoted price. of $288, 466 and that. the terms of the financing be determined later, by or at the next Council meeting, which motion carried. TTEST: Mayor Page 217 i COUNCILMEN f A Motion All Ayes Motion All Ayes Motion All Ayes Motion Motion All Ayes Motion All Ayes 10 O �"v zr om a Index • Mayors Confrnc CA 92 Easter Week teleg CA 74 Easter Week 0 1t CA 74 Supvrs• Agenda. CA 53 Pacif Coast CA 69 County Dock imprs CA 173 • Costa Mesa annex CA 108 NB de- annexa- tion CA 108 April 2Z,, 1963 CITY OF NEWPORT BEACH COUNCILMEN Volume. 16 - Page:218 2. Mayor Hart was., authorized to attend the United States e 'Conference.of Mayors, in Honolulu, Hawaii, June 8. to June 13, with the.expenses,of the Mayor paid by the City. COMMUNICATIONS - ADVISORY: The following communications, were ordered.filed: 1. Telegram from Ken.F. Morgan, President of the Balboa .Island• Improvement Association, to the Council, attentioi Councilman Dee Cook,. stating.,in part thatthe Police.-re- flected. with great credit upon .. themselves, our city officials, our'Police -Chief and.our Easter Week guests. 2. Letter. from A. E. Rottmann, President, Exchange Club of Newport Harbor,, highly commending the City and Chie Glavas -and his, officers for the outstanding job performed .during Easter Week. 3. Copies.. of Agendas. for Orange County Board. of Supervisoi meetings.:held April 9. and 10, and April 16 and 17. 4.. Letter.- from ,R. E. Deffenbach, District Engineer,, trans- mitting &.copy, of the Supplement to the Transcript of the California Highway Commission hearing'held.in Santa Ano .on March 14 relative to. the routing of the Pacific Coast Freeway between -2. 2, miles south, of MacArthur Boule- vard'(Route 184) and Beach Boulevard (Route 171). S. Excerpt from the Minutes of the Orange County Board. of Supervisor's.stating that a.letter from Kenneth Sampson, Harbor Manager„ dated March 29, which ..sta.tes_•that.•the contract for the, completion of basic, improvements, County Dock:property,7with Trautwein Brothers, con- tractor, has -been satisfactorily, completed, was received and ordered.filed.and the work accepted. 6. Excerpt from the Minutes of the Boundary Commission of Orange County stating that the houndariea.of the.proposec .annexation. of territory, to the City of Costa Mesa (Aliso No. 1 Annexation), are,reasonably, definite. and certain as to Section'35004 of the Government Code. 7. Excerpt from. the Minutes of the Orange County Board of .Supervisors, stating, that Resolution No. 5754 of the City Council of the City of Newport Beach,, initiating. proceed- ings, to, exclude.a.portion of uninhabited_ territory annexed to the .City as uninhabited territory, on its own motion and giving notice. thereof,. was received and ordered. filed. TTEST: Mayor Page 218 Motion Ayes Noes Abstained from voting Motion All Ayes CITY OF NEWPORT BEACH COUNCILMEN Volume 1.6.- Page 219 N p r0 P Q o? m s o c o m v 2 v o m v P N F m Index e„rai �� io[.z � -� x o A • 8. Letter from Assemblyman Robert E. Badham stating that S.B. 344 he is opposing: Senate Bill No. 344. CA 'V Letter from Mr, and Mrs. Alan L. Anderson,. highly Fire commending. the Fire -Department for fast response. to a Dept tall when they, a fire.at their home. cosmn. CA 0, Protest from, John J. and Eugene H. Hill,; 5607 Seashore Brea watt - ,Drive, against a- .breakwater off Newport Beach and. the protest building,of any groins along our beach. CA 4 1.. Nbtice.froxn the Controller of the State of California of advance apportionment of vehicle license fee. revenues :fo Veh the 1.967- 63.fiscal year; indicating that the advance of 7$ lie of _the. estimated apportionment for the period December fees CA 5 1962. through May 31,.,1963, for the City of Newport Beach, based.on a: population of 31,400, is- $121, 086. 2. Notice.Irom the Controller of the State.of California of Veh estimate. of apportionments. of vehicle, license fee, revs - lic nueslor the. 1963 -64 fiscal year;. indicating that the esti- fees mated apportionment. to be.paid during the: fiscal year ' CA 5E ending. June 3.0, , 1963 to the City of Newport Beach will be An the. amount of $168, 900. ADDITIONAL ITEM: R 577 Lido Ll. Resolution No. 5;771, authorizing the - advancement of the Sands cost of processing. a proposed. inhabited annexation (Lido annex Sands) to Coastal Municipal Water District, was adopted. Motion x CA 12 Roll Call: Ayes x x x x :x x x ' The meeting was adjourned at 9:55 P. M. Motion x All Ayes Mayor ATTEST: City Clerk Page 2.19