Loading...
HomeMy WebLinkAbout11/08/1965 - Regular MeetingIndex Gangi hrg. Plg,comm. Amendment 212 CA -10 A* I* 0 -1142 Dist. Maps 32 & 50 CA -10 CITY OF NEWPORT BEACH Volume 19 - Page 105 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: November 8, 1965 Time of Meeting: 7 :30 P.m. Place of Meeting: Council Chambers COUNCILMEN co �,so woao o v m m o o r -1 n Roll Call: Present xxx x x x x The reading of the Minutes of the Regular Meeting of October 25, 1965, was waived, and said Minutes were Motion x approved as written and ordered filed. Ayes xxxxxx x HEARINGS: 1. Mayor Gruber opened the public hearing regarding the appeal of Charles R. Gangi from the decision of the Planning Commission denying the application of Charles R. Gangi and Don Vaughn for Planning Com- mission Amendment No. 212, to amend District Maps Nos. 22 and 25 in order to establish a 10' setback from Newport Boulevard on Lots 6 and 7, Tract 5854, Zone R -3 and Zone C-0-H, located at the easterly end of Hilaria Way. A letter from Charles R. Gangi dated October 15, 196 was presented with the findings of the Planning Commission. Planning Associate Charles Zimmerman spoke from the audience and gave the staff report. The applicant, Mr. Gangi, spoke, requesting either a 10' front yard setback along Newport Boulevard, a distance of 65 feet at the northeast end of the property, or permis- sion to have a 5' stairway and balcony projection into the 10' setback of Hilaria Way. A discussion was had. The hearing was closed. Motion x Ayes X xxx xxx The findings of the Planning Commission were dis- allowed and the Council found that the difference be- tween the 10 foot and 20 foot setback to be insignifi- Motion cant, and therefore the proposed Amendment No. 212 Ayes x x x x x was granted. Noes x 2. Mayor Gruber opened the public hearing regarding the proposed Ordinance No. 1142, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADOPTING DISTRICT MAPS NOS. 51 AND 52, REZONING PROPERTY, AND AMENDING DISTRICT MAPS NOS. 32 AND 50, Planning Commission Amendment 211 proposing to rezone a portion of Blocks 93 and 96, Irvine's i Mayor ATTEST: °Cit Clerk Page 105 Index 0 -1144 Undergrnd 0 Utilities CA -122 0 -1143 Unclaimed Property CA -39 • R -6246 CA -28 0 CITY OF NEWPORT BEACH COUNCILMEN Volume 19 - Page 106 "a Y 0 ntr iV VVG11ivVa v, Subdivision, from Unclassified to an R -1 -B, R -2 -B, R -3 -B, R- 4 -B -UL and C -N -H District, located east of MacArthur Boulevard and north of Fifth Avenue (Centerview). Planning Associate Charles Zimmerman and Richard Reese of The Irvine Company spoke from the audience. No one else desired to speak. The hearing was closed. Motion x Ayes x xxx xx3 Ordinance No. 1142 was adopted. Motion x Roll Call: Ayes x xxx xxa ORDINANCE FOR INTRODUCTION: Proposed Ordinance No. 1144, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 9255.28(a) OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO UNDERGROUND UTILITIES, was presented with a memorandum from the City Attorney dated November 5, 1965. Ordinance No. 1144 was introduced and set for public Motion x hearing on November 22, 1965. Roll Call: Ayes x xx xxx: ORDINANCE FOR ADOPTION: Ordinance No. 1143, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING SECTIONS 3404 AND 3405 OF THE NEWPORT BEACH MUNICIPAL CODE AND ADDING NEW SECTIONS 3404 THROUGH 3414 TO SAID CODE RELATING TO DISPOSAL OF UN- CLAIMED PROPERTY, was presented for second reading. Ordinance No. 1143 was adopted. Motion x Roll Call: Ayes xx xxx x CONTINUED BUSINESS: 1. Resolution No. 6246, being a Resolution of the City Council of the City of Newport Beach, California, adopted pursuant to the authority granted by Section 5243 of the Streets and Highways Code of the State of California, directing that the bids or proposals for the tfMayor ATTEST: City Olerk page 106 Index I* Malloy request t encroach w /fence CA -3g • 40 CITY OF NEWPORT BEACH COUNCILMEN Volume 19 - Page 107 nr....,.,..,. }.,.,. a io[.G \�Z f A 0 \Iis work to be constructed in "Assessment District No. 49" may be opened, examined and declared by the City Motion x Clerk prior to presentation to the City Council, was Roll Call: adopted. Ayes X X X X X X X 2. A letter was presented from David J. Malloy, dated September 30, 1965, requesting permission to replace a fence running parallel with Balboa Avenue east of Grand Canal, Little Balboa Island, bearing purported signatures of five adjacent property owners in favor of the request. Photographs presented by Mr. Malloy were presented by the Public Works Director. Councilman Parsons stated that property owners on Santa Ana Avenue in Newport Heights had recently been requested to remov all encroachments into the public right of way, and therefore he could not justify the granting of subject request for an encroachment into public property. The Public Works Director concurred in this reasoning. David Malloy spoke from the audience. A discussion was had. Councilman Cook asked the Public Works Director whether there was any use contemplated now or in the future for the 2' strip of land between the sidewalk and the property line. The Public Works Director stated that in this particular instance, no use of the property was contemplated. A motion was made by Councilman Cook that the en- croachment permit be granted and that the City Attorney be instructed to ascertain from the title company what it would suggest might be the proper procedure to make a recording of this permit on this particular property and the cost of the same to be Motion x taken care of by the applicant. Said motion failed to Ayes x x x carry. Noes x x x x Councilman Forgit suggested to Mr. Malloy that he construct the fence as others in the vicinity have done. Councilman Cook asked the City Attorney if such instructions to an applicant weren't absolutely illegal. The City Attorney replied, "I think it is unfortunate to encourage people to violate the public right of way, but it is not for me to criticize the Councilmen. " L,Z2&to�� — Mayor ATTEST: ^� City Cleri` Page 107 CITY OF NEWPORT BEACH COUNCILMEN Volume 19 - Page 108 ay'N° f \MA n oA Index November 8, 1965 F ? � 1 �J Annexa No. 57 Center R -6247 CA -108 CM Pa dressi toilet C -944 CA -49 Nolotc cockta legisl CA -66 Mayor Crubea expens Acct. CA -92 • Accept Improv Tract CA -23 Amenda Sec IPA Civil Rules CA -85 3. A memorandum dated November 5, 1965 from the City Lion Attorney regarding Annexation No. 57 (Centerview) was presented. viers Resolution No. 6247 correcting certain clerical errors contained in Resolution No. 6155 and Resolution No. Motion x 6203 dealing with Annexation No. 57 (Centerview), Roll Call: was adopted. Ayes x x x x x x x rk 4. A memorandum was presented from the Public Works rig & Director dated November 8, 1965, regarding plans fac and specifications for the construction of the Corona del Mar State and City Beach Park dressing and toilet facilities, Contract No. 944 (revised). The revised plans and specifications were approved, Motion x and the City Clerk was authorized to advertise for Ayes x x x x x x x bids to be opened at 11:00 A. M. , December 8, 1965 5. A memorandum dated November 5, 1965 from the City v Attorney regarding proposed legislation regarding the al "Molotov Cocktail" was presented. atio The Mayor was authorized to write a letter to the Motion x Governor expressing the City Council's support for Ayes x x x x x x x legislation which would make it a felony for any person to possess, use or throw a "Molotov Cocktail: or fire bomb. 6. The expense account of the City Manager for attendant °s at the California League of Cities Conference in San e Francisco October 10 to October 13, 1965, was Motion x approved. Ayes x x x x x x x CURRENT BUSINESS: 1. A memorandum dated November 8, 1965 was present- ed from the Public Works Director recommending acceptance of the construction of improvements in emts conjunction with Tract 5616, "Dover Village, " Dover 5616 Drive at Cornwall Lane, and recommending authori- zation to the City Clerk to release the bond. The recommendations of the Public Works Director Motion x were authorized. Ayes xxxxxxx ent 2. A memorandum dated November 2, 1965 from James I P- Devine, Chairman of the Civil Service Board, re- Sery commending an amendment to Section III F -3 of the Civil Service Rules, was presented. The recommended change in Section III F -3 of the Civil Service Rules as set forth in subject memoran- Motion x dum was authorized. Ayes x x x x x x x ayor ATTEST: I "t f�`-AFMn lCitf Clerk Page 108 Index November 8. 1965 Echternach refund Treed assess CA -11 Irvine Ave through sta R -6248 CA -114 • Fire Dept Ndgtrs Alterations C- ZO05 CA -73 C /Man Karst Tidelands report CA -70 • Co. Agrmt re beach replenishmi CA -49 City of Bakersfiel( vs. Miller CA -169 r� L CITY OF NEWPORT BEACH COUNCILMEN Volume 19 - Page 109 p= 0 m O A 0 3. A memorandum from the Public Works Director dated November 8, 1965, regarding a refund of weed assess- ment to John N. Echternach, was presented. it The recommendations of the Public Works Director were approved, and the staff was authorized to refund Motion x the sum of $12 to John Echternach for a weed assess- Ayes xxx x x x ment, and the staff was directed to bill Herbert W. Walker, directly, the sum of $12 for weed abatement which was not levied on the 1965 -66 bill. 4. A memorandum from the Public Works Director dated November 8, 1965, recommending that legislation be passed designating Irvine Avenue as a through street from Cliff Drive to Santa Isabel Avenue, was presented. Resolution No. 6248 designating a through street was Motion x adopted. Roll Call: Ayes xxxx xx 5. A memorandum from the Public Works Director dated November 8, 1965, regarding the addition to and alterations of Fire Department Headquarters (Con- tract C- 1005), was presented. The plans and specifications were approved, and the Motion x City Clerk was authorized to advertise for bids to be Ayes X X X X X X opened at 10:30 A.M. on December 8, 1965. A memorandum report from Councilman Marshall, a161. Chairman of the Council Tidelands Committee, to the City Council regarding Legislative Committee hearing on tidelands held in Sacramento on October 26, 1965, was presented. The report was ordered received and filed. Motion x Ayes xxx xxx 7. The City Attorney stated that an agreement with the County in connection with the payment by the City for replenishment of eroded beach sand would be ready for Council consideration in two weeks. The matter was diaried to November 22, 1965. Motion x Ayes xxx xxx 8. A. memorandum dated May 5, 1965 from the City Attorney regarding a request for authorization to participate in the case of the City of Bakersfield vs. Miller was presented. or ATTEST: Citj Clerk Page 109 XI XI x[ Iq M Index November 8, 1965 Licenses CA-63 Catanach, Retarded Children 0 Flory E Workshops, Dept, Housing & Urban Dev: CA -43 0 CITY OF NEWPORT BEACH COUNCILMEN Volume 19 - Page 110 The request was approved and the City Attorney's office was authorized to join the name of the City of Newport Beach to the list of other cities that will support the City of Bakersfield's position in the appeal, LICENSES: 1. The following applications for license were approved: (a) Exempt, Joe Catanich, Executive Director of Orange County Association for Retarded Children, 2002 Chestnut Street, Santa Ana, telephone solicitation for used household goods to be sold from the thrift store in Santa Ana, 422 -424 West Fourth Street, to raise funds for Association; year -round operation; telephoning to be done by approximately ten volunteer workers; letter submitted regarding the thrift shop that will be known as "Hope Haven Value Village.' Exempt religious, Harold Flory, Pastor of the Newport Harbor Church of Seventh Day Adventists, 3262 Broad Street, Newport Beach, Christmas caroling and solicitation of contributions to World - Wide Mission and Uplift Program (this Program was approved by Council December 9, 1963 and December 14, 1964 for same activity); caroling in residential area December 12 through December 25, 6:30 P. M. to 9:00 P. M. ; people are given opportunity to contribute. 2. Additional information was desired in connection with the following application and it was directed that the applicant be advisedrand the matter was diaried to November 22, 1965: Exempt, Charles E. Hovorka, Executive Director of the Arthritis Foundation, Southern California Chapter, 8576 Wilshire Boulevard, Beverly Hills, door to door solicitation, fund raising campaign (organization approved by the Council on Novem- ber 9, 1964); February 4 through February 6, 1966; limited neighborhood door to door solicita- tion by approximately 200 volunteers. COMMUNICATIONS - REFERRALS: 1. A letter dated October 19, 1965 from Robert B. Pitts, Regional Administrator of Housing and Home Finance Agency, scheduling "workshops" regarding the new it Department of Housing and Urban Development, was ordered filed. Mayor ATTEST: OCitV Clerk Page 110 Motion Ayes Motion Ayes Motion Ayes Noes Motion Ayes x x x 0 xi M Index November 8, 1965 Curs resigns City Arts Cmte CA -60 Proposed Dog Contrc Ordinance CA -1.09 40 • Clms for Damages CA -84 Benbow • CITY OF NEWPORT BEACH Volume 19 - Page 111 2. The resignation of Dorothe B. Curtis from the Newport Beach City Arts Committee, stating that the four years she has spent on the committee have proven very rewarding and she has enjoyed the opportunity to serve the City in this way, was presented. The resignation of Dorothe B. Curtis was accepted with regret and it was directed that a Certificate of Commendation be sent to Mrs. Curtis. 3. The following letters commending the Council regard- ing the proposed dog control ordinance were ordered filed: (a) Jack Toon, Balboa, suggesting "the real solution would be to prohibit dogs on public sidewalks even though they were on a leash." (b) Marshall L. Keeler, Corona del Mar, objecting to barking dogs rather than the dog litter on lawn suggesting that the ordinance cover barking dogs as well as those who litter the yards. (c) Dawn Gearhart, 701 -1/2 Acacia Avenue, in favor of the proposed ordinance but suggesting that cats are a problem too and desiring that something be done about them. (d) Allan Beek, 28 Beacon Bay, commending the Council on the proposed dog control ordinance. (e) Eleanor P. McCall, 1724 Terrapin Way, Newport Beach, commending the Council on the dog con- trol ordinance and suggesting "now that you have taken care of Fido's bad habits, please don't neglect 'Miss Pussycat'. She not only doesn't need a license or rabies shots, but is allowed to serenade on the back fence all hours of the even- ing and play tag with her friends on roof tops. " A letter dated October 28, 1965 from Bruce S. Hoppin€ of the New Jersey Committee, Incorporated, endors- ing the proposed ordinance regarding dog control, was referred to the City Manager. 4. The following Claims for Damages were denied and the City Clerk's referral of the matters to the in- surance carrier was confirmed: (a) Claim of Viola Ann Benbow on behalf of her minor son, Raymond Benbow, for injuries sus- tained by the son on August 31, 1965 when he allegedly stepped in a drainage hole on a sidewalk in the 700 block on East Bay, Newport Beach, Mayor ATTEST: L OCitt Clerk Page 111 COUNCILMEN s` Y yN N S Z Motion x Ayes x xxx xx Motion x Ayes x x x x x x Motion Ayes Motion Ayes xxxx X X x x x Index November 8, 1965 Rollie Resub 216 &latt Appea: CA -129 supporting Armed Forc in Viet Alai • CA -90 Surfing CmpInt CA -49 r 1 U Budget Amendmnts CA -102 • CITY OF NEWPORT BEACH COUNCILMEN Volume 19 - Page 112 (b) Claim of William C. Rolfe for a fishing pole allegedly damaged by a police car belonging to the City of Newport Beach on August 30, 1965. 5. A letter dated November 3, 1965 from Mrs. Cameron W. Watt, 2897 Pemba Drive, Costa Mesa, appealing from the decision of the Planning Commission in denying on October 21, 1965, Resubdivision Applica- tion No. 216, was presented. The matter was set for public hearing on November 22 1965. 6. A resolution was presented which had been adopted by the City of San Mateo on November 1, 1965, express- ing support and devotion to the members of the Armed Forces of this Country fighting in Viet Nam, request- ing that a similar resolution be adopted. The City Attorney was directed to prepare a Resoluti, of support to the Armed Forces of this Country fight- ing in Viet Nam and to bring it to the next Council meeting. 7. A letter dated November 3, 1965 from Russell and Emma Elizabeth Rohrs, 2600 West Ocean Front, complaining about the conditions caused by "the surfers" was referred to the City Manager. The City Manager read a report from the Police Chief and he stated that the Police Department would make a personal contact with the Rohrs in connection with this matter. BUDGET AMENDMENTS: The following budget amendments were approved: C -22, being a transfer of Budget Appropriations for additional funds to cover salary increase of City Manager, $600 from Unappropriated Contingency Reserve to Administrative, Regular Salaries. C -23, being an increase in Budget Appropriation and an increase in Revenue Estimates for incidental costs assumed by the City prior to reimbursement from contractor. Contractor reimbursing the City an approximate amount of $12, 200; increasing Revenue Estimates, 1911 Act Incidental Expense $12, 200; to Unappropriated Surplus, General, and from Un- g, ayor ATTEST: an Q ity Jerk Page 112 Motion Ayes Motion Ayes Motion Ayes Motion Aye s Ix Ix ix XIXIXIXIX x X x x x Index November 8, 1965 CITY OF NEWPORT BEACH Volume 19 - Page 113 appropriated Surplus, General to Public Works, Administrative and Engineering, 1911 Act Professiona. Services. ADDITIONAL BUSINESS: Report on 1. Councilman Parsons' report dated November 2, 1965 Net Re- regarding the Assembly Committee Hearing on sources, Natural Resources, Planning and Public Works, held Planning & Pub GJks on October 28 -29, 1965 in San Diego, California was received and filed with the request that it be referred CA -49 to the California League of Cities, with a copy to the Orange County League of Cities. Charter 2. Mayor Gruber nominated Councilman Stoddard as Amendmts Chairman, Councilman Parsons as a member, and Cmte Mayor Gruber to act in an ex- officio capacity, of a CA -60 CA -116 Committee to study and make recommendations for proposed amendments to the Charter to be submitted to the voters in April, 1966. The Committee, as nominated, was confirmed. C /man 13ar- 3. Councilman Marshall requested permission to be shall absent from the next Council meeting.on November 22. absent 11 -22 Said request was approved. CA -91 W 4. Mayor Gruber stated that because of the location of City CE the City Clerk's new private office, she would be office unable to see the counter without clear lass windows glass g windows & and a clear glass door; he requested a motion to door approve the installation of clear glass windows and a CA -93 glass door. Councilman Cook made a motion to approve clear glass windows and a door with glass in the upper half. Said motion failed adoption. The installation of glass windows and a glass door in the City Clerk's office -was approved. COMMUNICATIONS - ADVISORY: The following communications were ordered filed: 1. A notice from Robert T. Martin, Assistant Freeway Secretary of the California Highway Commission, CA -69 stating that the Commission will meet on Novem- ber 17 in the Public Works Building, 1120 "N" Street, Sacramento. ayor ATTEST: � D � C ty Clerk Page 113 Motion Ayres COUNCILMEN 0 0 0 � P � o IXIXIXIXIx xi Motion x Ayes x x Abstain Motion Ayes xxx x X x x xxx Motion x Ayes x x Noes x x x xx Motion x Ayes x x x xx Noes x x Motion x Ayes xxx xxx x v Apps ILtr Hp t, Bay CA -€ Ltr: apps %rvi CA -€ Cow Into Nods CA -Q 4 CA CAA CA -] i Fent func Dept CA -] CITY OF NEWPORT BEACH COUNCILMEN Volume 19 - Page 114 N= O m O P O 9 f� T O G1 Index Nnvamhav R 1Q(iF '- 2. A letter from Robert D. Simons, President of the •eciatn Newport Upper Bay Association, expressing apprecia- frosn tion to the Mayor, the Council and others for assistant Upper in improving our community. Assoc. 13 3. A letter from John M. Kinkel expressing appreciation . of for consideration of the high speed traffic problem on 'ec. re Irvine Avenue. .ne t:ra fic '3 4. A copy of request of Russell L. Pruett to California t Fwy Highway Commission for the display of the Coast ,rchg Freeway interchange model in the Newport Beach City A Hall, his letter stating that he is in favor of the Free - 19 way as planned by the California Highway Commission,; and copies of the reply from John Erreca, State Director of Public Works, informing Mayor Gruber that model will be available. ' 5. Copies of the Agendas of the Board of Supervisors 3 Meetings held October 26 and 27, November 2 and 3. 6. UNICEF: (a) A letter from Mrs. B. Altuso commending those 13 who voted to disallow the solicitation license of UNICEF for Halloween night. (b) A letter from Cason Black, Whittier, thanking the Council for considering his letter opposing the UNICE solicitation. (c) An Order of Orange County Superior Court Judge 69 Stephen K. Tamura in Cawe No. 141846, Coastline Chapter of the United Nations Association of the United States of America, et al. , vs. City of Newport Beach, et al. , directing that the Defendants are en- ' joined and restrained from interfering in any manner with the solicitation of funds by the Plaintiffs and their agents and helpers for the United Nations Children's Fund on October 31, 1965, Halloween. on re- 7. A letter from Mrs. Pete Fenton requesting a refund Bldg, of an overpayment to the Building Department, explaining that in her computation of the square footage of a new building, the square footage of the garage 00 had been included twice. Building and Safety Department indicates that owner will be refunded overpayment as requested. ayor ATTEST: it Clerk Page 114 I 44 CA_ CA- 4 CITY OF NEWPORT BEACH COUNCILMEN Volume 19 - Page 115 s Y 0 A f G C O O O v m m O P y Index ATwoml.nv R lot r Z A p O� ?, 8.. A copy of Orange County Press Club Reporter for L79 October, 1965. 9. (a) Minutes of the regular meeting of the Board of 12 Directors of Orange County Water District held October 20, 1965. (b) A copy of an excerpt from the Minutes of a meet- ing of the Orange County Board of Supervisors held October 12, 1965, referring to a report dated October 12 submitted by H. G. Osborn, Chief Flood Control Engineer, regarding the possibility of plan- ning non - reclaimable industrial waste sewer in the Santa Ana River Basin, in connection with the Santa Ana River Water Conservation. Mayor Gruber stated that the Study Session regularly scheduled for November 15, 1965 would not be held. The meeting was adjourned at 9:35 P.M. Motion x Ayes xxxx xxx i Mayor ATTEST: it Clerk Page 115