HomeMy WebLinkAbout01/08/1968 - Regular Meeting:1W
Tycer
Appeal
Var. 913
W
Flory
Appeal
UP 1320
CITY OF NEWPORT BEACH
Volume 21 - Page 170
Minutes of REGULAR MEETING OF THE CITY COUNCIL
Date of Meeting: January 8, 1968
Time of Meeting: 7:30 P. M.
Place of Meeting: Council Chambers
Roll Call:
The reading of the Minutes of the Regular Meeting of
December 27, 1967 was waived and said Minutes were
approved as written and ordered filed.
HEARINGS:
1. Mayor Gruber opened the continued public hearing
regarding the appeal of D. L. Tycer, Jr. from the
decision of the Planning Commission denying
Variance No. 913 to permit construction of rear fire
exit stairway encroaching 3 feet, 9 inches into the
required 5 -foot setback from public alley at rear of
property on Lot 21, Block 11, East Newport Tract,
known as 116 East Ocean Front, Newport Beach.
The findings of the Planning Commission dated
December 11, 1967 were presented.
Planning Director Ernest Mayer, Jr. reported on the
findings of the Planning Commission.
Mr. D. L. Tycer, Jr, and Miss Harriett Gould spoke
from the audience in favor of subject variance.
The hearing was closed.
The findings of the Planning Commission were
sustained, and Variance No. 913 was denied.
2. Mayor Gruber opened the public hearing regarding the
appeal of Harry V. Kemp from the decision of the
Planning Commission approving the application of
Dorothy M. Carpenter and Mrs. Tina Flory for Use
Permit No. 1320 to permit remodeling of a non-
conforming building,' including the conversion of an
existing garage to a den and the addition of an apart-
ment over a two -car garage on Lot 15, Block 6,
Section 1, known as 213 Pearl Street, Balboa Island.
The findings of the Planning Commission dated
January 8, 1968 were presented with the appeal letter
ATTEST:
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COUNCILMEN
Present xlx[x x x x
Motion x
Ayes x x x x x
Motion
Ayes x x x
Motion x
Ayes x x x
Index
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Planned
Coimnunity
District
Ordinance
CITY OF NEWPORT BEACH
Volume 21 - Page 171
Tamiary R 1 q(,R
COUNCILMEN
O Y
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from Harry V. Kemp dated December 16, a letter
from John T. Gurash dated December 18 objecting to
the issuance of subject permit and a letter dated
January 4 from Harry V. Kemp enclosing a petition
from fifty -eight purported property owners in the
neighborhood requesting Council to reverse the
decision of the Planning Commission.
Planning Director Ernest Mayer, Jr. reported on the
findings of the Planning Commission.
The following people spoke from the audience in
opposition to subject use permit: Harry Kemp, James
Thomson, Victor Dunsmore. and Alan Blum.
The hearing was closed.
Motion
Ayes
xxx
x
x
The findings of the Planning Commission were over-
Motion
x
ruled, and Use Permit No. 1320 was denied.
Ayes
x
x
x
x
x
ORDINANCES FOR INTRODUCTION:
i
L Proposed Ordinance No. 1240, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH ADDING CHAPTER 20.51 TO TITLE 20
OF THE NEWPORT BEACH MUNICIPAL CODE
TO PROVIDE FOR A PLANNED COMMUNITY
DISTRICT,
Planning Commission Amendment No. 237, establish-
ing a planned community which provides for more
attractive and efficient development of a mixture of
land uses in a comprehensive planned relationship,
was presented with a memorandum from the Planning
Director dated January 8, 1968 with revised draft of
proposed ordinance.
Ordinance No. 1240, as revised, was introduced and
Motion
x
set for public hearing on January 22, 1968.
Roll Call:
es
x
x
x
x
x
C7—
'2"A
ayor
ATTEST:
City ei'5/
Page 171
K
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Index
Marine Fire
Protection
Jamboree R,
realigmmnt
9
6W
CITY OF NEWPORT BEACH
Volume 21 - Page 172
TAnI]Ary R_ 1969
COUNCILMEN
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'O Y
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A Z f t^ O
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2. Proposed Ordinance No. 1241, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING SECTION 9. 36. 020 OF THE
NEWPORT BEACH MUNICIPAL CODE RELATING
TO FIRE PROTECTION OF MARINE INSTAL-
LATIONS,
extending the deadline for compliance to August 25,
1968, was presented.
Ordinance No. 1241 was introduced and passed to
Motion
x
second reading on January 22, 1968.
Roll Call:
Ayes
x
xxx
CONTINUED BUSINESS:
1. A memorandum from the Public Works Director
dated January 8, 1968 regarding acceptance of
Jamboree Road Realignment (C -847) was presented
with a letter dated January 3, 1968 from Attorney
William D. Began proposing that the City assess and
retain the additional sum of $1, 200 in conjunction with
acceptance of subject improvements.
Attorney William Began, representing Rockwin Pre-
stressed Concrete Corporation, and attorney D.
Helsing, representing Coxco, Inc. , spoke from the
audience in protest of the assessment of liquidated
damages as established by the Public Works Director.
Councilman Cook made a motion to instruct the City
Motion
x
Attorney to attempt a negotiation with Coxco, Inc.
Ayes
x
x
within the next two weeks and /or to explore the
Noes
x
x
x
possibilities of arbitration, which motion failed to
carry.
The recommendations of the Public Works Director
were approved, and the work on subject project was
accepted, the City Clerk was authorized to file a
Notice of Completion and to release the bonds 35 days
after the Notice of Completion has been filed, and
Motion
x
right -of -way damage assessment of liquidated
Ayes
xxx
x
damages in the amount of $11, 750 was confirmed.
Noes
x
Mayor
ATTEST:
City Clerk -
Page 172
1
xlxi
M
CITY OF NEWPORT BEACH COUNCILMEN
Volume 21 Page 173
Index January 8, 1968
x
2. Councilman Forgit made a motion to diary the matter
Motion
of revoking or transferring the Warner Bros. TV
Services, Inc. CATV franchise for January 22, 1968.
CATV
Mr. Louis E. Scott spoke from the audience in favor
-
of revoking the present franchise, and that application
Warner Bros
should be accepted from the other qualified companies
Franchise
in the area.
A vote was taken on Councilman Forgit's motion, and
the matter was diaried for January 22, 1968.
Ayes
x
x
x
x
3. The item in connection with the priority schedule for
Priority
municipal projects was stricken from the agenda.
schedule
RESOLUTIONS FOR ADOPTION:
1. A memorandum was presented from the Public Works
Department dated January 8, 1968 recommending that
traffic on Newport Center Drive East and Newport
Newport
Center Drive West be required to stop on their
Center Dr.
approaches to Newport Center Drive and that the
Stop Signs
existing stop control from Newport Center Drive on
the south side and its driveway counterpart on the
north side of the same intersection be removed.
R -6689
Resolution No. 6689, designating an intersection at
which vehicles are required to stop, was adopted after
Motion
the reading of the resolution was waived by unanimous
Roll Call:
consent of the Council.
Ayes
x
x
x
x
2. A Minute Resolution expressing appreciation and com-
Minute Res.
mending the City staff on its performance during the
Motion
x
.0
year of 1967 was read in full and adopted.
Ayes
x
x
x
x
Commendaticn
CURRENT BUSINESS:
1. A memorandum was presented from the Public Works
Director dated January 8, 1968 regarding right turn
Jamboree Rc
lane on Palisades Road at Jamboree Road.
Improvm nts
The Public Works Director was authorized to issue a
See C -1096
Change Order to Contract No. 1096 in the amount of
Motion
$6,585.95.
Ayes
x
x
x
x
ayor
ATTEST:
City Clerk
Page 173
x
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CITY OF NEWPORT BEACH
Volume 21 - Page 174
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COUNCILMEN
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2. A memorandum was presented from the Public Works
Director dated January 8, 1968 regarding acceptance
of improvements in Resubdivision No. 227.
227
The public improvements constructed in conjunction
with Resubdivision No. 227 were accepted, and the
City Clerk was authorized to release the Faithful
Motion
x
Performance Bond.
Ayes
x
x
x
x
x
x
x
3. A memorandum was presented from the City Clerk
dated January 8, 1968 regarding pay for Precinct
:ion
168
Board Election Officers serving in the April, 1968
;ers p
y General Municipal Election.
It was directed that Election Officers who serve on
the Precinct Boards for the April 9, 1968 General
Municipal Election be paid as follows: Inspectors
$21.00, Judges and Clerks $18.00, Polling Places
Motion
x
(except public facilities) $15. 00.
Ayes
x
x
x
x
x
x
x
4. A memorandum was presented from the City Manager
dated January 5, 1968 regarding amendment to the
Auth
Table of Authorization.
Jed
The Table of Authorization was amended, effective
Motion
x
January 9, 1968, as follows:
Ayes
x
x
x
x
x
x
x
Building Department
1 Part time Steno Clerk I to full time.
I Full time Typist Clerk 2 to part time.
icatior
sAPPLICATIONS - HARBOR PERMITS:
Perm
1. A memorandum was presented from the Public Works
Director dated January 8, 1968 regarding Harbor
Permit Application No. A -343 -R of Ray Stober, Inc.
to replace two existing exterior lighted signs with
er, Ray
interior lighted signs at the Standard Oil Marine
Service Station, located at 814 East Bay Avenue.
Mr. Marvin Stober, representing Ray Stober, Inc.,
and Mr. Ken Fleming, engineer for Standard Oil
Company, spoke from the audience.
ayor
ATTEST:
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Index
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Aneric
Legior
Post 2
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C'A
CITY OF NEWPORT BEACH COUNCILMEN
Volume 21 - Page 175
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Ta miary R_ 1968
Harbor Permit Application No. A- 343 -R, was
approved, subject to the issuance of a sign permit by
Motion
x
the Building Department.
Ayes
x
x
x
x
x
x
COMMUNICATIONS - REFERRALS:
1. A petition signed by 26 members of Newport Harbor
American Legion Post No. 291 asking for extension
of the American Legion lease for as long as is legally
an
possible, was presented with the following enclosures:
91
a letter dated October 12, 1967 from L. L. Isbell;
information compiled by J. Harry Estus, secretary
and treasurer, Newport Harbor Post No. 291, on the
history of the forming of Post 291; history of Newport
Harbor Post #291 from 1924 to 1931 taken from the
book, "History of Newport Beach ", compiled by Mr.
H. L. Sherman.
Councilman Forgit made a motion to approve subject
lease extension for a period of an additional fifteen
years beyond the present lease termination date on the
terms now provided, with the exception that the lease
extension would provide that any tidelands revenue
fees or changes thereinafter levied, assessed or
required by legislation be payable and that the staff be
instructed to prepare the lease, and the Mayor and
City Clerk be authorized to sign.
Mr. Harry Estus, secretary and treasurer of Post
No. 291, spoke from the audience requesting
extension of the American Legion lease.
Councilman Shelton made a substitute motion that the
Motion
matter be diaried for February 13 during which time
the Council would like to receive a report from the
staff detailing status of any, or all, leases bearing
on the subject and possible alternatives the Council
might wish to consider.
Mr. Theodore Robins spoke from the audience in favor
of subject extension.
A vote was taken on Councilman Shelton's substitute
Ayes
x
x
x
x
x
x
motion, and the matter was diaried for February 13,
1968.
L-Mayor
ATTEST:
City Clerk
Page 175
Index
Claims
Bonmiarito
Page
Bergman
.r
Kirt
Hamilton
Beach
Erosion
Budget
CITY OF NEWPORT BEACH
Volume 21 - Page 176
January 8, 1968
COUNCILMEN
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A O m
T p Y m p C a
Ix
X
2. The City Clerk's referral of the following matters to
Motion
the insurance carrier was confirmed:
Ayes
x
x
x
IN
(a) Claim of Joseph J. Bommarito for damage to an
automobile tire allegedly caused when he struck
a construction warning marker on Jamboree
Road on December 13, 1967.
(b) Claim of Robert A. Page for damages to his car
allegedly caused by a truck belonging to the City
on December 23, 1967.
(c) Claim of Donald J. Bergman for damage to his
car on January 3, 1968 allegedly caused by a
chunk of concrete which flew up and hit his car.
(d) Claim of Irene H. Kirt for personal injuries
allegedly sustained on October 12, 1967 when she
stepped in a hole in the street on Balboa Boule-
vard and fell.
(e) Claim of Robert Dennis Hamilton for personal
injuries, false arrest, false imprisonment and
malicious prosecution allegedly occurring on or
about October 8, 1967.
3. A letter dated December 26, 1967 to Mayor Gruber
from the Administrative Assistant to Congressman
Utt enclosing copy of a letter to Congressman Utt
from the Los Angeles District of the Corps of
Engineers regarding feasibility of using dredge
materials for beach replenishment, was referred to
Motion
x
staff.
Ayes
x
x
x
x
BUDGET AMENDMENTS:
1. The following Budget Amendments were approved:
Motion
x
Ayes
x
x
x
x
C -44, $4, 900 increase in Budget Appropriations and
a decrease in Unappropriated Surplus for engineering
services for field survey and design of the widening
of the southerly side of the Pacific Coast Highway
from the westerly end of the Sea Scout Base to the
Upper Bay Bridge.
ATTEST: M<Yor
City Clerk
Page 176
Ix
X
Index -
0
Drive -In
Food Estab:
Pacific
Southwest
Airlines
Cigarette
Tax
Mineral
rights
assessment
`0
24
Harbor Dis
deannexati
CJ
CITY OF NEWPORT BEACH
Volume 21 - Page 177
January 8, 1968
COUNCILMEN
\11\i_A\0J\011i
;\000\S6_
C -45, $2, 800 increase in Budget Appropriations and a
decrease in Unappropriated Surplus for construction of
a right turn lane on Palisades Road at Jamboree Road.
C -46, $9, 200 increase in Budget Appropriations and
Revenue Estimates, Donations & Contributions, for
construction of a right turn lane on Palisades Road at
Jamboree Road and increase revenues for Orange
County share of project.
COMMUNICATIONS - ADVISORY:
1. The following communications were ordered filed:
Motion
x
Ayes
xxx
xxx
(a) A letter from Old Town Newport Association
expressing its opposition to the proposed Jack -In-
The -Box operation at McFadden Square and
Balboa Boulevard.
(b) Copy of a letter dated December 27, 1967 from
Hudson B. Saffell to Public Utilities Commission
protesting grant to Pacific Southwest Airways to
establish routing between San Francisco and
other points from Orange County Airport.
(c) A letter dated December 29, 1967 from League of
California Cities regarding formula for distri-
bution of cigarette taxes to cities.
(d) A letter dated December 12, 1967 from the
Orange County Assessor's Office regarding the
changes that took place in the assessed values of
the mineral right assessments to some of the oil
and gas producing companies.
(e) Agenda of the Board of Supervisors meetings
held December 26 and 27, 1967 and January 2 and
3, 1968.
(f) A letter dated January 4, 1968 from the City of
Tustin enclosing copies of letter to the District
and the Local Agency Formation Commission, and
n transcript of the City of Tustin Council meeting,
and stating that the City of Tustin intends to
ayor
ATTEST:
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City Clerk Cl
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CITY OF NEWPORT BEACH COUNCILMEN
Volume 21 - Page 178
\is,0111_00JOCACIOVI, " m
O O p ra I...�ev Taniia ry R_ 1Q(iR F -� 2
x
x
further study the matter of the City of Huntington
Beach's effort to detach from the Orange County
Harbor District and requesting an early League
of Cities meeting for discussion of the matter.
(g) Summary of Apportionments of Motor Vehicle .
License Fees for the period June 1, 1967 through
xm unicatjons
November 30, 1967, and listing Newport Beach's
apportionment to be $21, 658. 21.
25F
(h) A letter from The Irvine Company clarifying the
nnexation
intention of previous letter involving annexation
reposed
of approximately 200 acres in Upper Harbor View
pper Harbor
Hills.
iew Hills
Mayor Gruber stated that the regularly scheduled Study
•
Session for January 15, 1968 would not be held.
For the benefit of the press and other interested parties,
Mayor Gruber stated that there would be an adjourned
26 V
meeting on January 23, 1968 at 7:30 P.M. for a meeting
nified
of the Newport Beach and Costa Mesa City Councils with
chool Dis
the Board of Education at the Newport Harbor High School
eeting
Cafeteria.
Councilman Parsons' request to be absent from the country
Motion
x
from January 14 to January 19, 1968 was granted.
Ayes
x
x
x
x
The meeting was adjourned at 10:05 P.M. to 7:30 P.M.
29
January 15, 1968 for a meeting with the City Planning
Motion
faster Plar
Commission at the Mariners Park Multi- Purpose Room.
Ayes
x
x
x
x
loals &
bjectives
•
ayor
ATTEST:
<n
City Clerk
Page 178
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x
x