HomeMy WebLinkAbout02/10/1969 - Regular MeetingIndex
CITY OF NEWPORT BEACH COUNCILMEN
Volume 22 - Page 167
Minutes of REGULAR MEETING OF THE CITY COUNCIL
Date of Meeting: February 10, 1969 \_X\1Z41T\14
Time of Meeting: 7:30 P. M. pm Place of Meetine: Council Chambers rr'^° = p
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In honor of National Boy Scout Week, the Pledge of
Allegiance was given by Boy Scout Troop 370 of Lido Isle
and the invocation was given by Life Scout Gregg
Schuessler of Troop 320.
Gregg Schuessler presented Mayor Marshall with a
Certificate of Appreciation in recognition of Boy Scout
Week and a Boy Scout insigne. Troop 370 presented Boy
Scout insignia to all the Councilmen.
Roll Call:
Present
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The reading of the Minutes of the Regular Meeting of
January 27 and of the Adjourned Meeting of February 3,
1969 was waived and said Minutes were approved as
Motion
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written and ordered filed.
Ayes
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HEARINGS:
1. Mayor Marshall opened the public hearing regarding
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Ordinance No. 1291, being,
Jo. 59
Moden)
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH REZONING PROPERTY, ADOPTING
DISTRICT MAP NO. 59 AND AMENDING
DISTRICT MAP NO. 29,
Planning Commission Amendment No. 251, rezoning
Moden Annexation area to an R -1 -B -2 District.
.No one desired to be heard on the matter.
Mayor Marshall closed the hearing with the unanimous
consent of the Council.
Ordinance No. 1291 was adopted after the reading of
Motion
the ordinance was waived by unanimous consent of
Roll Call:
the Council.
Ayes
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2. Mayor Marshall opened the public hearing regarding
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Ordinance No. 1292, being,
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AN ORDINANCE OF THE CITY OF NEWPORT
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BEACH ADDING SECTION. 20. 08.191 TO
CHAPTER 20.08 OF TITLE 20 OF THE NEW-
PORT BEACH MUNICIPAL CODE RELATING
TO OFF- STREET PARKING REQUIREMENTS
FOR COMMERCIAL ZONED DISTRICTS,
Planning Commission Amendment No. 246.
Letters from Wallace Calderhead and Joseph Amillo
stating that the ordinance would create a hardship
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CITY OF NEWPORT BEACH
Volume 22 - Page 168
February 10, 1969
and asking that alternative solutions be considered,
were presented.
The City Clerk stated there had been received that
day a letter from Eve MacDonald requesting Balboa
Island be excluded from the proposed restriction and
a petition signed by nineteen property owners on
north Newport Boulevard requesting their C -1 -H
property be reclassified as C -1, protesting the new
parking restrictions proposed and requesting that
their area be exempt therefrom.
Ernest Mayer, Jr., Planning Consultant, reported on
the proposed modifications and on the findings of the
Planning Commission.
Subsection B 3, Restoration of Damaged or Destroyed
Buildings, was amended.
The following people spoke from the audience opposing
the 25% alteration clause: Harold Caldwell, Hugh
Mynatt, Arvo Haapa and Dee Cook.
Councilman Gruber made a motion to amend Sub-
section B 2 (a) as stated by Planning Consultant
Ernest Mayer.
Councilman Rogers made a substitute motion to amend
Subsection B 2 (a) to permit altering or remodeling of
a non - conforming building up to 100% without com-
plying with the parking requirements provided it does
not exceed its original gross floor area and the same
use is continued or changed to a use requiring the
same or less on -site parking.
Councilman Gruber 'stated that it was his intent for
his motion to delete the 257o alteration clause.
Jack Barnett, Executive Director of the Newport
Harbor Chamber of Commerce, spoke from the
audience in support of the Planning Commission's
recommended ordinance.
A vote was taken on Councilman Rogers' substitute
motion, which motion carried.
Lars Lavagnino and John Vogel spoke from the audi-
ence in favor of deleting the percentages.
The hearing was continued to February 24 for the
first reading of amended Ordinance No. 1292.
Page 168
Motion
Ayes
Motion
Ayes
Motion
Ayes
COUNCILMEN
Nat'l
Electrical
Code
Calif. Bi-
centennial
C e leb r atioi
CITY OF NEWPORT BEACH
Volume 22 - Page 169
February 10, 1969
ORDINANCE FOR ADOPTION:
1. Ordinance No. 1293, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH REPEALING CHAPTER 15.12 OF THE
NEWPORT BEACH MUNICIPAL CODE ENTITLEI
"ELECTRICAL CODE" AND ADOPTING BY
REFERENCE THE NATIONAL ELECTRICAL
CODE OF 1968 AS NEW CHAPTER 15.12 OF THE
NEWPORT BEACH MUNICIPAL CODE,
was presented for second reading.
Ordinance No. 1293 was adopted after the reading of
the ordinance was waived by unanimous consent of
the Council.
CONSENT CALENDAR:
The following items were approved by one motion
the actions on the Consent Calendar:
1. The following advisory communications were ordered
filed:
A letter from the Parks, Beaches and Recreation
Commission stating that a tree will be planted to
commemorate California's Bicentennial Celebration
and that Girl Scout groups will plant wild flower seeds,
Dog A letter from Mrs. Eleanor W. Miller renewing her
Licenses dog license and thanking the City for the protection
and safety afforded pet owners and their pets.
Letters favoring the Genoa Marina from George C.
Gillette, Mr, and Mrs. Leon A. Fry and Robert E.
Newport Caywood.
Marina
Letters addressed to Councilman McInnis opposing
the Genoa Marina from Calvin Rohrs, Mrs. Katherine
Odens and Rufus Porter.
Resolution of the city of Tustin urging Congressional
hearings in Southern California on the subject of
narcotics traffic between Mexico and California.
Oil Resolution of the city of Gardena requesting the State
Leases Legislature to enact laws to provide for the termina-
tion of unproductive oil leases; and further requesting
that the League of California Cities sponsor such
legislation.
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Motion
Roll Call
Ayes
Motion
Roll Call
Ayes
COUNCILMEN
CITY OF NEWPORT BEACH
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,&dex February 10, 1969
COUNCILMEN
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Letters from Division of Highways regarding acquisi-
tion of eleven pieces of property from The Irvine
Company pursuant to the provision that the City be
advised when the State has completed acquisition of
property within its jurisdiction on a hardship or right
of way protection basis prior to a freeway agreement.
Letter from Division of Highways enclosing copy of
1968 Study and Report as directed by Section 256 of
Streets and Highways Code, a review of progress
made in developing California Freeway and Express-
way System and entire State Highway System and
suggested revisions.
--ivic
Excerpt from minutes of Board of Supervisors meeting
enter
of January 21 indicating that Newport Beach resolution
requesting selection of Newport Center as site for
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proposed Municipal Court Facility had been received
and ordered filed and a copy of said resolution and the
Economics Research Associates Evaluation of
Newport Center for the Orange County Municipal
Court Facility were referred to the Department of
Real Property Services to be included in their study
of the location of the proposed site.
Excerpt from minutes of Board of Supervisors meeting
of January 21 ordering cancellation of taxes on certain
City of Newport Beach property as requested by the
City.
Agenda of Board of Supervisors meetings held
January 28, 29, February 4 and 5, 1969.
Letter from Glenn Cripe, Sailor Band President,
thanking the City for the loan of the ten Newport
Beach flags and for the City's continued support and
interest in Newport Harbor High its
and organizations.
2. The following communications were referred as
indicated:
Referred to Pending Legislation Committee, resolu-
rop. Tax
tions of the cities of Indio, Seal Beach and Stanton
requesting initiation of new legislation to revise or
amend existing inequities in the laws of the State of
California pertaining to assessing and taxing of real
property.
Referred to Pending Legislation Committee, resolutio
ornogra-
of the city of Orange urging the Governor and Legis-
y
lature of the State of California to enact and approve
legislation restricting the sale, distribution and
exhibition of pornography and obscene material to
persons under eighteen years of age.
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CITY OF NEWPORT BEACH
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JQdex February 10, 1969
COUNCILMEN
n s /Dmg 5. The City Clerk's referral of the following claim to
the insurance carrier was confirmed:
Claim of Mr. and Mrs. Robert S. Clark for damage
ark to their automobile on January 21, 1969 allegedly
caused by a parkway tree which was uprooted and
landed on their car.
s Lic 6. The business license applications of Donald H. Arvold,
pl Ron Foster (akaRice), William S. Rabb and Oliver F.
Thayer, 2624 W. Coast Highway, Newport Beach, for
door to door soliciting for Newport Beach Cablevision,
Inc., were approved.
• 7. Notice of public meetings on water quality manage-
ment of estuaries and guidelines for public meetings
uaries and National Estuarine Pollution Study were referred
to staff for study, and authorization was given for a
City representative to attend the public meetings if
deemed advisable. (A report from the City Manager
was presented. )
ict 8. The public improvements in Tract 5878 were accepted
8 and the City Clerk was authorized to release the Faith
ful Performance Bond and to release the Labor and
Material Bond in six months provided no claims have
been filed. (A report from the Public Works Director
was presented.)
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3. The following resolution was adopted after the reading
of the resolution was waived by unanimous consent of
the Council:
L Leases R
Resolution No. 6926 requesting the State Legislature
to enact laws to provide for the termination of un-
productive oil leases and further requesting that the
League of California Cities sponsor such legislation.
(A report from the City Manager was presented.)
sense 4
4. The following expense accounts were approved:
counts
Councilman Shelton's expense account for attendance
at California League of Cities conference in Los
Angeles from October .13. -' October,,16.
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Councilman Gruber's expense account for attendance
at a League of California Cities Committee on Water
Quality Control and Solid Waste Management meeting
in Sacramento from January 23 - January 24.
CITY OF NEWPORT BEACH
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Akdex February 10, 1969
COUNCILMEN
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9. The City Manager was authorized to enter into a
anaomt
records management program agreement with the
)nsltnt
firm of TRW Systems for Phases I and II.
vine Co.
10. The Mayor and City Clerk were authorized to execute
an agreement with The Irvine Company approving
reciprocal on -site parking between the Islander
Furniture Store and Wu Bens. (A report from the
City Attorney was presented.)
11. The following Budget Amendments were approved:
C -42, $16,313.69 increase in Unappropriated Surplus,
General Fund, of returned excess encumbered funds
for prior years' projects.
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C -43, $4, 350 decrease in Budget Appropriations and
an increase in Unappropriated Surplus of returned
funds from Public Works Department, Services-Prof.,
Tech., etc., Office Equipment, to Unappropriated
Surplus, General Fund.
C -44, $4, 350 increase in Budget Appropriations,
General Fund and a decrease in Unappropriated
Surplus and $374 transfer from Unappropriated Con-
tingency Reserve for completion of records manage-
ment program in City Clerk's office and the develop-
ment of a City -wide records retention program; $738
to City Clerk- Services - Prof., Tech., etc., General
Fund and $3, 986. 00 to Nondepartmental - Services,
Prof., Tech., etc., General Fund.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A letter from Assemblyman John V. Briggs regarding
dissolution of the Harbor District and stating that he
is disturbed by information indicating that the probable
rb Dist
end result would not dissolve the district but would
ssolution
expand the district to include parks; that he agrees
with the League position favoring dissolution of the
district and placing the harbor district and the parks
under a County department and asking for a letter
giving the City's current thinking in this matter, was
referred to the Council Harbor Dissolution Ad Hoc
Motion
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Committee to draft a reply and return to Council for
Ayes
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review and action on February 24.
wport
Z. Resolution No. 6927, urging the California Highway
y
Commission to adopt a Superior Avenue alignment for
the Route 55 (Newport) Freeway, was adopted after
Motion
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the reading of the resolution was waived by unanimous
Roll Call:
consent of the Council.
Ayes
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CITY OF NEWPORT BEACH
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index February 10, 1969
COUNCILMEN
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CONTINUED BUSINESS:
Lell-
1. Resolution No. 6928, expressing the Council's op-
inning-
position to oil drilling offshore from the Orange Count
Motion
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coast, was adopted after the reading of the resolution
Roll Call:
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was waived by unanimous consent of the Council.
Ayes
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2. The City Manager was authorized to enter into a
Motion
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ront
negotiated contractual arrangement for removal of
Ayes
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ood
debris from the West Newport beaches with heavy
-bris
construction equipment, at a cost not to exceed
$8, 500.
CURRENT BUSINESS:
1. A letter was presented from Newport Harbor Junior
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Chamber of Commerce requesting a fee exempt
license and permit to stage a circus on March 31 at
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Fashion Island, with proceeds to be used for their
�plication
college scholarship program.
The application of Newport Harbor Chamber of Com-
merce for exempt business license to conduct a
circus was approved, subject to any conditions im-
Motion
x
posed by the City Manager.
Ayes
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x
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APPLICATIONS - HARBOR PERMITS:
1. A memorandum from the City Harbor Coordinator
rine Co.
regarding Harbor Permit Application No. 101 -104 of
The Irvine Company to dredge about 75, 000 cubic
yards behind the bulkhead line, to construct bulkhead
lines and to renovate or replace existing bulkheads,
to replace 126 existing slips with new slips and to
construct 66 additional slips bayward of Bayside Drive
between the Balboa Yacht Club and the Marine Avenue
bridge, was presented with a copy of the application
and a letter from The Irvine Company stating that
vessels will be "rafted" in basin northerly of Balboa
Yacht Club during construction period.
Harbor Permit No. 101 -104 was approved, subject to
Motion
the following conditions:
Ayes
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(a) Approval of the U. S. Corps of Engineers for
extension of slips and floats to the U. S. Project
Line;
(b) That The Irvine Company provide alternate and
temporary mooring or docking facilities, in
locations approved by the City Harbor Coordi-
nator, for craft temporarily displaced by con-
struction;
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Index February 10, 1969
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(c) That The Irvine Company advise the City Harbor
Coordinator and obtain his approval five working
days in advance of any construction evolution that
will create significant navigational problems;
(d) That the Public Works Department approve the
details of bulkhead construction;
(e) That The Irvine Company replace existing storm
drain outfalls and connect new outfalls to existing
City storm drains in accordance with plans ap-
proved by the Public Works Department;
(f) If necessary to relocate the main force sewer
line to Balboa Island, that The Irvine Company
will accomplish the relocation in accordance with
plans approved by the Public Works Department.
2. A memorandum from the City Harbor Coordinator
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regarding Harbor Permit Application No. 259 -100 of
Mr. Edgar L. Sands requesting permission to moor
Sands,
his boat across the end of Emerald Avenue between
Edgar L.
his existing float and an existing mooring piling at
200 South Bay Front was presented with application
letter from Edgar L. Sands and enclosed sketch.
Harbor Coordinator George Dawes gave a staff report.
Applicant Edgar Sands spoke from the audience. Vin-
cent Donatelli, representing Mrs. Clapp, adjacent
property owner, stated the permit would be contrary
to public interest.
Harbor Permit No. 259 -200 was denied.
Motion
x
Ayes
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xx
x:
ADDITIONAL BUSINESS:
Wa er
1. The James M. Montgomery report on test drilling and
Wells
water quality investigations of Well No. 13 (Adams
at
and Brookhurst) and the Water Committee report were
Adams /
received, the recommendations of the Water Com-
Brookhurst
mittee were approved, and the staff was authorized to
Motion
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have the appraisal report on subject property updated.
Ayes
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Mayor Marshall stated that the regularly scheduled Study
Session for February 17, 1969 would not be held.
The meeting was adjourned at 10:30 P.M.
Motion
x
Ayes
xxx
xxx
Mayor
TTEST:
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City Clerk
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