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HomeMy WebLinkAbout07/27/1964 - Regular MeetingIndex 40 ®1091 Excise tax on prop. del 10 hrg coat CA 107 CA 166 ®1093 Definit- ions of signs pass to 24 =dg CA- 103 ® °1094 Security to Guar- antee Imm• prove - ments CA -26 pass to 2d rdg CITY OF NEWPORT BEACH Volume 18 - Page 11 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: July 27, 1964 Time of Meeting: 7:30 P. M. Place of Meeting: Council Chambers COUNCILMEN \2 Z^ APB x c Roll Call: Present x XXX x x Absent The reading of the Minutes of the Regular Meeting of July Motion x 13, 1964, was waived, and the Minutes were approved as Ayes x x x x x x written and ordered filed. Absent HEARING: Mayor Gruber opened the continued public hearing regard- ing proposed Ordinance No. 1091, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 8 TO ARTICLE VI OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO EXCISE TAX ON PROPERTY DEVELOPMENT. A letter dated July 13, 1964, from Alan G. Orsborn of the Home Builders Association was presented. No one wished to speak from the audience. The hearing was continued to August 10, 1964 Motion x Ayes x x x X x x Absent x ORDINANCES FOR INTRODUCTION: 1. Ordinance No. 1093, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH i'. AMENDING SECTIONS 8527 AND 8529 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING: TO THE DEFINITIONS OF SIGNS was presented with the recommendations of the Board of Adjustments of July 22, 1964. Ordinance No. 1093 was introduced and passed to second Motion x reading. Roll Call: Ayes x XXX xx Absent 2. Ordinance No. 1094, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 9253.52 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO SECURIT TO GUARANTEE IMPROVEMENTS was presented with a memorandum from the City Attorney dated July 24, 1964, and a letter from the Engineering and Grading Contractors Association, Orange County Chapter, requesting subject ordinance. Ordinance No. 1094 was introduced and passed to second Motion reading. Roll Call: Ayes. x x x K x Absent x Mayor ATTEST: CitA Cle k Page 11 C =7 sflai ocF rel at: CA" CA, C �? i Ha:, Pal 1aol CA CA Ion Aanx atg Prc �en�nf CL�g � =Q P l ILA waa CA Viz xr( pi - CA CA 4 CITY OF NEWPORT BEACH COUNCILMEN Volume 18 - Page 12 \r, 0\70\1M,-0V\M7- \\ O� .Tll� \T 7 %. �9�4 T` J ORDINANCE FOR ADOPTION: .090 Ordinance No. 1090, being .-bor & AN ORDINANCE OF THE CITY OF NEWPORT BEACH Mn REPEALING ARTICLE X AND SECTIONS 4245, 8118, 'erg- 8119, 8120, 8121 AND 8122 AND AMENDING SECTION ®ns 8117 OF THE NEWPORT BEACH MUNICIPAL CODE AND ENACTING. A NEW ARTICLE X RELATING TO HARBOR AND OCEAN REGULATIONS was presented for adoption consideration. A- letter from Thomas J. O'Keefe, dated July 9, 1964, objecting to - 70 -90 restrictive harbor regulations, and a memorandum from the City Attorney, dated July 24, 1964, regarding proposed revisions in subject ordinance,, were presented Cal- Ordinance No. 1090 was taken off calendar until such M7n o C " " q1I all: x e° %1 time as it can be brought back for action. dar Ayes x x x x x CONTINUED BUSINESS: Absent x `bor 1. A proposed Resolution adopting Harbor Permit Policies nit and Standard Drawings for Harbor Installations, as .icies approved by the Council on June 9, 1964, was taken .off Motion x 70 90 calendar to be brought back when proposed Ordinance Ayes x x x x No. 1090 is brought back for consideration. Absent x )den 2. The petitions of persons in the "Moden Annexation" sex- requesting annexation of territory. to the City, located ®noo northerly of 21st Street, southerly of 22d Street, easterly of Tustin Avenue and westerly of Irvine Avenue, having been diaried for July, 27th, were spoan° presented. Mr. Elmer Anderson, representing the :s of petitioners, spoke from the audience. The matter was Motion x �g taken off calendar until such time as the proponents of Ayes x X x x K 3. ' the annexation are ready to discuss the matter. Absent x )004 3. Resolution No. 6004 approving and authorizing the Motion x obtaining of a contract for group health insurance with Roll Call- 68 Aetna Life Insurance Company, through its broker, Ayes Kelter & Sullivan, was adopted. Absent x Air- 4. A memorandum from the City Attorney dated July 20, vs 1964, regarding the application of Los Angeles Airways, 'Motion x 99 Inc., before the Civil Aeronautics Board, Washington, Ayes x x x x x D. C., was ordered filed. Absent x ;hisng 5. A letter from R: J. Nesbitt, Executive Officer of the 0 State Department of Fish and Game, Wild Life Conserva Motion x °rs tion Board, was ordered filed. Ayes xx X x x 3. 41 Absent x ' may4r ATTEST: Citt Cle -k Page 12 CITY OF NEWPORT BEACH COUNCILMEN Volume 18 - Page 13 0 0 9 m m O C 9 Index Suly 27. 1964 u - g 7 a l mile Fag ers alonr ®ceaea Froaag CA 70 City- owned property 28th St. & Lake Ave. Lease to Vern S chauppan • CA S8 Refund of plan checking gee CA 100 • R -6005 Grant Deed frm So. pac. Co. 31 -6006 Grant Deed fro: Fac. Ele, Rwy. Co. 6. A memorandum from the City Manager dated July 22, ° 1964, regarding the Nautical Mile Markers along Ocean Motion x Front was ordered filed with thanks. Ayes x x x x x x Absent x 7. A memorandum was presented from the City Manager dated July 23, 1964, regarding the city owned property at 28th Street and Lake Avenue. The City Attorney was Motion x instructed to prepare a document for the lease of the Ayes x x x x x x property as a parking lot. Absent x Mr. Vern Schauppner spoke from the audience. The Motion x action taken by the Council first above stated was Ayes x x x x x x rescinded. Absent x The City Attorney was instructed to prepare a document providing for the lease of the city -owned property at r 3.8th Street and Lake Avenue to Vern Schauppner, as a private parking lot, with the condition that there be no access from 38th Street to the private parking lot;. and it was further directed that the Public Works Departmen make a recommendation, when the document is brought back to the Council for approval, as to whether or not it Motion x would be advisable to require :a. wider,easemen'tzlong.:the Ayes x x x x X x alley. Absent x CURRENT BUSINESS: 1. A letter was presented from Frank R. Classen request - ing a refund of a plan checking fee in the amount of $34.50. A copy of the memorandum from the Building and Safety Director to the City Manager recommending Motion x the granting of the refund, was presented. The request Ayes x x x x x for refund was granted. Absent x 2. Acquisition of Pacific Electric and Southern Pacific property: (a) Resolution No. 6005 accepting Grant Deed from the Southern Pacific Company, being a portion of a certai iMotion strip of land 100 feet wide, was adopted. Roll Call: Ayes CXXX xx Absent x (b) Resolution No. 6006 accepting a Grant Deed from the Pacific Electric Railway Company, 19 parcels, was adopted. Motion Roll Call: Ayes xxxx xx Absent x yor ATTEST: �q City Clerl Page 13 T R 1g C C R g g C 1' C. 0. 1' Ca F: �d T: 5� P, . Al ID< V'. Cc CA sF C. Ci CITY OF NEWPORT BEACH COUNCILMEN Volume 18 - Page 14 Index July 27. 1964 Y tentio a Notice of Intention to Annex, and the execution and o Annex submission to the Orange County Boundary Commission of a Proposal for Determining the Definiteness and Certainty of Boundaries of Annexation No. 56, was Motion x adopted. The location of the proposed Annexation is. a Roll Call: A 500 portion of the east one -half of Campus Drive (formerly Ayes x x x x x Acacia Street) Northerly of Palisades Road. Absent Lanninzg 5. A letter was ordered filed from the Planning Commis - )UM sion stating its newly elected officers for the fiscal Exzcers year 1964 -65: Chairman, Alvan Clemence; First Vice Motion x 364 °65 Chairman, John J. Jakosky, Jr.; Second Vice Chairman Ayes x x x x x x 1 40 David W. Curtis;.: Secretary, Ray Copelin. Absent x Lnal 6. The final Map for Tract No. 5616, located southerly of p Cornwall Lane between Dover Drive and Buckingham 'Ct Lane, in the Westbluff area, was presented for approval 6 with the findings of the Planning Commission and the recommendations from the Public Works Department dated July 9, 1964. The Final Map for Tract No. 5616, as conditioned by the Planning Commission and the Public Works Department, Motion x was approved. Ayes x x x x x x Absent x -6010 Resolution No. 6010, authorizing the Mayor and City >g Clerk to execute an agreement with Dover Village Motion Wee Corporation, sub - divider, for the construction of Roll Call: `llage improvements in Tract No. 5616, was adopted. Ayes x x xx x x �23 Absent x °6011 7. Resolution No. 6011 authorizing the Mayor and the City 'aange Cc Clerk to execute the contract under which the City Motion x .feguar furnishes lifeguard service and is reimbursed by OrangE Roll Call: ''rv° County, was adopted. Ayes x x 3 x x •927 i 61 Absent x °- ayor • ATTEST: C c ity 'lerk I Page 14 Ipt 3 3. Relinquishment of Access Rights - Tract No. 5361: 361 °6007 ( (a) Resolution No. 6007 accepting a Relinquishment of M Motion x x Access Rights from The Irvine Company, as owner, R Roll Call: and from its lessees and sublessee, as to Lot 1 of A Ayes x x x x x x x x x x x x Tract No. 6561 was adopted A Absent x x °6008 ( (b) Resolution No. 6008 accepting a Relinquishment of M Motion Access Rights from The Irvine Company, as owner, R Roll Call: A 38 a and its lessees, as to Lots 3 and A of Tract No. A Ayes x x x x x x x x x x x x k 23 5 5361, was adopted. A Absent x x °6009 4 4. Resolution No. 6009 authorizing the execution and sub - mission to the Local Agency Formation Commission of Index Grant a Sgoraga Capacis San Joaqunl Reserva R -6012 CA 12 R -6013 Addendi Agreem C -928 CA 12 40 P3 &R ®££ice, 1964 -6 CA 50 "Galax V iev P ark0' CA 49 Parall Water Main Consg. 22 &St d; Seaqui Areas C897 T.J. Robert R -601/ CA 12 Great Wester Svgs & %.n Triang Stab • CITY OF NEWPORT BEACH Volume 18 - Page 15 COUNCILMEN x M xlx xi JUI G(, 17u2 1- 1" 1 1 1 \ 1 8. Conveyance of four acre feet of storage capacity in San £ Joaquin Reservoir: �y A memorandum was presented from the City Attorney dated July 22, 1964, regarding storage capacity in oi2 subject reservoir. Resolution No. 6012 accepting a conveyance of storage capacity rights in the San Joaquin Reservoir from The Motion Irvine Company (Grant of Storage Capacity), was Roll Call: adopted. Ayes x xxx x Absent Resolution No. 6013 authorizing the Mayor and City Clerk to execute an Addendum Agreement dated 27th of .n July, 1964, with the Irvine Ranch Water District, the Motion x Orange County Municipal Water District, the Coastal Roll Call: Municipal Water District, the Costa Mesa County. Water Ayes x x x x District and the City of Huntington Beach, was adopted. Absent 9. A letter was ordered filed from Parks, Beaches and `s Recreation Director, Calvin Stewart, stating that the 9 Parks, Beaches and Recreation Commission had Motion elected Mrs. Isabel Pease, Chairman, and Mr. Harry Ayes x x x x x Keever, Vice Chairman, for the fiscal year 1964 -65. Absent J 10. A letter was presented from the Parks, Beaches and Recreation Commission recommending the name of a park in the West Bluff area, "Galaxy View Park ". The Motion x Recommendations were approved and the name was Ayes x x x formally adopted Absent x .l 11. The recommendations from the City Manager regard- ing the receipt of six bids by the City Clerk on July 22, 1964, for the Parallel Water Main Construction in 22d Street and Seaquist Areas, that the irregularity in the bid consisting of listing the wrong license number be waived, and that the contract be awarded to T: J. Motion Robert Co. , Inc. , at the contract price of $64, 964. 67, Ayes xxx x were approved. Absent x Cc Resolution No. 6014 awarding a contract for'Parallel Water Main Construction in 22nd Street and Seaquist Motion Areas to T. J. Robert Co., Inc., was adopted. Roll Call: Ayes x x x x Absent 12. A letter was presented from Rex N. Littlefield of the Great Western Savings and Loan Association which has acquired ownership of the property of Mr. Sidney Kibric of Triangle Subdivisions, requesting that the encroach - Le ment over the sidewalk established by the Council at or TTEST: � City Cl rk Page 15 x M xlx xi Index July 27, 1964 a slwlRng chg in encroach Meant CA 38 Su'Mm®ans & Comp. condemn- ation proceed- ings for School Dist CA 3.69 Salary paid to John Z. Graver CA 169 Apps for License CA *3 • CITY OF NEWPORT BEACH COUNCILMEN Volume 18 - Page 16 _i10g! 'a o g 13' 3" above the surface of Lot 1 of Tract No. 1080 (presently known as Caribe Balboa) be changed to 10' 311. A discussion was had. Mr. Littlefield spoke from the audience. The matter was diaried for August 10, 1964, Motion x to see if something can be worked out. Ayes x x x x xx Absent x 13. A memorandum was presented from the City Attorney dated July 24, 1964, regarding the Summons and Complaint served on the City Clerk on July 23, 1964, in connection with Orange County Superior Court Action No. 123141, Costa Mesa Union School District of Orange County, California, Plaintiff, vs. Security First National Bank, et al,. Defendants, being an action in Eminent Domain to condemn parcels of land for School District purposes. The matter was referred to the City Attorney and the City Attorney. was authorized and Motion x directed.to appear on behalf of the City and take Ayes x x x x x x appropriate action. Absent x 14. A memorandum from the City Attorney dated July 24, 1964, regarding salary paid to John E. Grauer, was presented. The Finance Director was authorized to execute on behalf of the City of Newport Beach the endorsement on draft No. R- 717321 on General Accident Fire and Life Insurance Corporation dated July 21, 1964, to the order of City of Newport Beach in the sum of $81. 75 received by the City in full payment of its claim against Hixson Metal Finishing arising out of the Motion x accident on September 9, 1963, in which Newport Beach Ayes x x x X x x Police Officer John En Grauer was injured. Absent x APPLICATIONS FOR LICENSES: The following applications for licenses were approved: Motion x Ayes xxx x xx 1. Charles A. Berthiaume of Rockwell Music Co., for Absent x coin - operated pool table at Golden Anchor Bar, 2095 Lafayette. 2. Exempt, Kent S. Bramwell of National Multiple Sclerosis Society, to solicit funds by mail. 3. Exempt, Mario Charles Pucini, Balboa Lions Club, for special event, Annual Lobster'Bake, to be held at Corona del Mar State and City Beach on September 12 and 13. 4. Exempt - I. C. C., George Ross, Civic Reading Club, to solicit magazine subscriptions. 5. Exempt - I. C. C. , David Wayne Meeks, of Civic Reading Club, to solicit magazine subscriptions. Mayer ATTEST: City erk Page 16 Index July 27 1964 i • Curb.- sides Ba lba wasp: CA 2°. rest on ba CA 41 0 Props frees rout CA 6 • CITY OF NEWPORT BEACH COUNCILMEN Volume 18 - Page 17 s a O� Z O O O A O O Y m m O O Y .1 O 6. Exempt - I. C. C: , James Nealy, Field Enterprises, Inc., house -to -house soliciting. 7. Charles Mathews, House of Vacuums of Long Beach, Inc., to solicit vacuum cleaner sales and service. 8. Thomas W. Hall, House of Vacuums.of Long Beach, Inc., to solicit vacuum cleaner sales and service. 9. James R:- ..Uhler, for one pool table and one bumper - pool (two skill games, coin - operated), at the Tiki, 3208 West Coast Highway. 10. C. Graham Edelblute for coin- operated amusement riding device at Aquatic Park, Newport Dunes, Inc. 11, C'. Graham Edelblute for coin- operated amusement riding device at Aquatic Park, Newport Dunes, Inc. 12. G. Graham Edelblute for coin- operated amusement riding device at Aquatic Park, Newport Dunes, Inc. COMMUNICATIONS REFERRALS: & 1. A letter was presented from Eric Arthur Egge ,congrat- railcs ulating the Council on the new approach to Newport °a a Beach from Coast Hi *hway at the West end of Balboa aamm� Boulevard, and calling .attention to the streets and curbs in Balboa being in need of resurfacing and repair. The Motion x letter was referred to the City Manager for answer. Ayes x x x X x Absent x rags 2. A letter was ordered filed from C. Edward Seth remark °ach ing about the parking meter fees in Balboa and calling Motion x attention to the condition of the restrooms. Ayes X x x x Absent x 3. The following communications regarding the coastal ssedi freeway were presented: say (a) Letter to Mayor Gruber from the California Highway Commission stating that the Commission has 'set aside time for Mayor Gruber's appearance before said Commission on July 29, 1964, at 2:00 P: M. in Sacramento. (b) Letter to Mayor Gruber from Don D: Shipley, Mayor of the City of Huntington Beach, enclosing a Resolu- tion adopted by Huntington Beach supporting the City of Newport Beach in its effort to keep the freeway 1 route off the property of the Hoag Memorial Hospital;, and inquiring whether or not the City is interested in using the rifle range for the Police Department, if a facility is established by the City of Huntington Beach. �Pmay� — ATTEST: i y e Page 17 Index r L Bes erc 4 CA CA N31 Re; Uni CA C lT fo1 Dar Ail Cal Tina p. Jol G1, CITY OF NEWPORT BEACH COUNCILMEN Volume 18 - Page 18 � a y y,o m p o p N c n Co r Z O m O P Tnl.r 27. 1QA4 Z z A F a ' (c) Copy of a letter to the California Highway Commission from Mrs. R. A. Burke, protesting the proposed scenic freeway route through Newport Beach. (d) Letter from the Newport Elementary School District to Mayor Gruber enclosing a Resolution, adopted by said District, forwarded to the State Division of High- ways opposing the proposed location of the State free- way on Coast Highway in the City of Newport Beach. It was directed that the above.lettors: be filed >.and, that - the second portion of the letter from Mayor Shipley regarding the rifle range for the Police Department be`_ Motion x referred to the City Manager; :' ;, ;, Ayes x x x X x Absent .Ch 4. A. letter from J. D. Milne, 5909 Seashore Drive, Newport �saon Beach, addressed to Councilman Forgit, calling attention to beach erosion along Seashore Drive.was referred to Motion x the City Manager for report. Ayes x x x x x �� Absent 5. A letter was ordered filed from Dr. Irwin Kempler suggesting that provisions.be made for restrooms at Motion x 49 Mariners Park. Ayes rXXX x Absent 11) 6. A letter was ordered filed from R. W. McClellan, Sr., ,cue 56 Balboa Coves, highly commending the Newport Beach g Fire Department Rescue Unit, which responded to a call when Mr. McClellan suffered an asthmatic attack, "whic Motion x in my case, at the time; could have been the difference Ayes x x X x x 83 between life and death.... "` Absent is 7. The following Claims for Damages were denied, and the City Clerk's referral of matters to the insurance carrier gages was confirmed: Motion x Ayes XX x x x (a) Claim of ME s. Aileen Cahill in connection with Absent x Men kill alleged damage to her son's bicycle which occurred on June 2, 1964, in Balboa, when a Newport Beach Fire truck backed into the bicycle. aresa (b) Claim of Theresa P. Conde in connection with alleged Conde damages to her car caused by a City motorcycle on June 19 at the Newport Harbor overpass and Coast Highway. in (c) Claim of John Glatz for alleged damage done to his agz garage door, 115 -117 Edgewater Avenue, Balboa, when a City of Newport Beach garbage disposal truck backe into it, on July S. yor RATTEST: City ler I Page 18 worl Mon CA Tra CA Cmt t:ra fee fir CA CA 4 CA ABC t:s4 S iffi to CA CA CA' Frl pri rise Co, D i7 CA Ad CITY OF NEWPORT BEACH Volume 18 - Page 19 T.A.. 90 104A COUNCILMEN IIUCA N� yp p f G O n O O Y m m Z r A A O- y 7' s IIUCA Vu y '- (d) Claim of Mrs. Norman (Bee) Montapert regarding y>aagq alleged injury to her elbow sustained when she fell tapert on June 30 in the Parks, Beaches and Recreation R headquarters, 1714 West Balboa Boulevard: 8. A letter addressed to Councilman Forgit from H. W. ffic Hastings regarding speed and density of traffic in the Motion x alley between River and Channel Place, was referred to Ayes C x x x x x the City Manager for action. Absent x ADDITIONAL BUSINESS: e for The appointment by Mayor Gruber of Councilman Elder ffic and Councilman Forgit as a Committee to study parking Motion x S & meter fees and fines, was confirmed. Ayes x x x x x x es 20 Absent x 60 COMMUNICATIONS - ADVISORY: The following communications were ordered filed: Motion x Ayes K x x x X x 53 1, Copies of Agendas of the Orange County Board of Absent x Supervisors for meetings held July 14, 15, 21 and 22. Lic. 2. Copy of Application for Alcoholic Beverage License `r frm transfer, person to person, on -sale beer, Red moans Carpet, 109 -11 Palm Street, Balboa /Newport Beach, Ross from Jean A. and Boudreau V. Simmons to Willia=n H. Ross. No objections from the City Attorney or 156 Police Department; no Use 'Permit required, 107 3. Notice from the State Board of Equalization that .. distribution of local sales tax during the 1963 -64 fiscal year indicates that the City of Newport Beach received $684, 901. 4. Annual Report of the financial transactions concernin !112 the State of California, fiscal year 1962 -63, submitte by Alan Cranston, State Controller. (Large book) i re 5. Notice of Hearing on August 12, 1964 regarding aposed proposed annexation to the Costa Mesa County Water aex to District (Orange County Airport Annexation)f before iota the Local Agency Formation Commission. ;a Wt:r The meeting was adjourned at 8:10 P.M. Motion x M. 1 ®� Ayes x x x x x Absent x journ Ma or ATTEST: (� Cdr v City ler Page 19