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Home My WebLink About08/24/1964 - Regular Meeting®01 mxt Ta-j CA� CA- Dgr No. Tr CA- CA= 4 CITY OF NEWPORT BEACH Volume 18 - Page 30 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: August 24, 1964 Time of Meeting: 7:30 P.M. Index Place of Meeting: Council Chambers COUNCILMEN s \7:� 7o y✓' f G C+ p0 ' Roll Call: Present x x x x x x: The reading of the Minutes of the Regular Meeting of August 10, 1964, and the Regular Adjourned Meeting of August 17, 1964, was waived, and the Minutes were Motion x approved as written and ordered filed. Ayes x x x x x x HEARINGS: .091 1. Mayor Gruber opened the continued public hearing regarding Ordinance No. 1091, being ase 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. ' Mr. Frank Klassen, 323 Larkspur, Corona del Mar, builder, spoke from the audience in opposition. Mr. David Young, builder and President of Building Con- tractor's Association, spoke from the audience in opposition. Mr. James Acret, Attorney at Law, Counsel for Building Contractor's Association, spoke from the audience in opposition. Mr. Patrick O'Connor, 6704 West Ocean Front, builder, spoke from the 107 audience in opposition. 166 The hearing was closed. Motion x Ayes xxxxx x : Ordinance No. 1091 was adopted. Motion x Roll Call: Ayes xxxx xxt 095 2. Mayor Gruber opened the public hearing regarding ' Ordinance No. 1095, being t llam AN ORDINANCE OF THE CITY OF NEWPORT 28 BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 28, 3702 rezoning Lots 1 through 19,: Tract 3702 from an Un- classified to an R -1 -B District; located in the West Upper Bay; Planning Commission Amendment No. 186. P_ C No one desired to speak from the audience. 23 The hearing was closed. Motion x Ayes XXXXXX2 Ordinance No. 1095 was adopted. Motion x Roll Call: Ayes xxxx xa ATTEST:�y M or Alya� ty Clerk Page 30 .Index Pier Permit Assoc< Cif CA -130 Pier Permit Ardell Harina CA -130 Pier Permit Cameron Watt ` k • -130 ,pracc -?,convene D -1096 yap. and _ : < ci Fist Map a :A -23 CITY OF NEWPORT BEACH Volume 18 - Page 31 August 24, 1964 3. Mayor Gruber opened the public-hearing regarding Pier Permit No. A- 1331 -R of Associated Oil for structure at Adams and Bay Front. Mr. Don Franklin and Mr. Robert C. Hadden spoke from the audience. The matter was continued and during the interim period Associated is allowed to keep this structure until the matter can be resolved. The matter was referred to Public Works Director to look at alleged structures on floats. 4. Mayor Gruber opened the public hearing regarding Pier Permit No. 1347 of Ardell Marina in connection with a race committee platform structure. William C. Adams, Attorney at Law, representing Ardell Investment Company, spoke from the audience. The matter was diaried for September 28, 1964. 5. Mayor Gruber opened the public hearing regarding Pier Permit No. A -1168 of Cameron W. and Eunice U. Watt. Mr. Cameron Watt spoke from the audience; Case Ritter of Lido Realty spoke from the audience; Lynn Williams, President of Lido Isle Community Associ- ation, spoke from the audience; Mrs. Watt spoke from the audience. The hearing was closed. Mr. and Mrs. Watt were instructed to complete the transfer of the permit and the float was ordered re- moved until such time as there is a structure on the property. RECESS for ten minutes was declared by Mayor Gruber. The Council reconvened. ORDINANCES FOR INTRODUCTION: 1. Ordinance No. 1096, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 5, rezoning Lot 2, Tract 444 from R -2 to R -1; located at 341 La Jolla Drive; Planning Commission Amendment No. 188, ATTEST: Page 31 Motion Aye s Motion Aye s Motion Ayes Motion Aye s COUNCILMEN C` c 1� � p X ..a X 01097 Signs on Water- Craft CA -63 0 C =1098 One—vay Streets and Alleys 2-4-104 0 -1-1090 Drain :A-70 0 CITY OF NEWPORT BEACH Volume 18 - Page 32 August 24, 1964 was presented with findings of the Planning Commi and vicinity map. Ordinance No. 1096 was introduced and set for public hearing on September 14. 2. Ordinance. No. 1097, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 6110.5 TO THE NEWPI BEACH MUNICIPAL CODE RELATING TO SIGNS ON WATERCRAFT, was presented with a memorandum from the City Attorney. Ordinance No. 1097 was introduced and passed to second reading on September 14, 1964. 3. Ordinance No. 1096, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 3250.5 OF THE NEWPORT BEACH MUNICIPAL CODE RELATINGI TO THE NEWPORT BEACH ONE-WAY STREETS AND ALLEYS, was presented with a memorandum from the City Attorney. Ordinance No. 1098 was introduced and passed to second reading on September 14, 1964 with last para- graph to read "the alley easterly of Balboa Boulevard, between River Avenue and Channel Place, northbound traffic only." ORDINANCES FOR ADOPTION: 1. Ordinance No. 1090, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING ARTICLE X AND SECTIONS 4245, 8118, 8119, 8120, 8121 AND 8122 AND AMEND- ING SECTION 8117 OF THE NEWPORT BEACH MUNICIPAL CODE AND ENACTING A NEW ARTICLE X RELATING TO HARBOR AND OCEAN REGULATIONS, was adopted. ATTEST: �a�Cio Clerk Page 32 COUNCILMEN .T Motion Ayes Motion Ayes Motion Aye s Motion Roll Call.; Ayes 4 xix xx Vc x CITY OF NEWPORT BEACH COUNCILMEN Volume 18 - Page 33 s p a( C \i0o\to, a v b.J.... �.. .nte m r P P PO ^ liuguSL LY, 17 VYs R19 2. Resolution No. 6019, adopting Harbor Permit Policies Motion x and Standard Drawings for Harbor Installations, was Roll Call uarbor adopted. Ayes x x x x x 901. and 'ta:a° Dugs , CONTINUED BUSINESS: ;A =70 d 'A-90 Two letters from Rex N. Littlefield of the Great Western Savings and Loan Association, which has acquired owner - Attie- ship of the property of Mr. Sidney Kibrick of Triangle Held Subdivisions, requesting that the encroachment over the Lrlangl sidewalk established by the Council at 13 feet 3 inches 'ub above the surface of Lot 1 of Tract 1080 be changed to 10 'A -38 feet 3 inches, were placed off calendar until further word Motion x is heard on the matter. Ayes Xxxxxxx CURRENT BUSINESS: 1 -6020 1. Resolution No. 6020, fixing the tax rate at $1.18 and T levying a tax upon all of the taxable property within the Motion ga City of Newport Beach which is taxable therein for Roll Call- "A-107 municipal purposes, was adopted. Ayes xxxxxxx knrex. 2. Excerpt of Minutes of Boundary Commission indicating go. 56 that the boundaries of Proposed Annexation No. 56 in the City of Newport Beach are reasonably definite and Motion x 'A °108 certain, was ordered filed. Ayes XXXXXXK Jana 3. A memorandum from the City Attorney and a copy of the Release and Satisfaction of Lien regarding the matter of the City of Newport Beach vs. Van Pelt, ,.A =169 Superior Court Action No. 91529, was presented. The Mayor and City Clerk were authorized to execute a Release and Satisfaction of Lien, and the City Clerk Motion x was authorized to have the same recorded. Ayes x x x x =6021 1. Resolution No. 6021, authorizing the execution of a contract to serve water outside the City to Newport Motion Roll Call: _A °12 Beach School District, was adopted. Ayes XXXXXKC Gc ° 5. A memorandum from the City Manager regarding 'gorm Miscellaneous Storm Drain Construction of 1964 -65, nraan on-St. Contract No. 925, was presented. x964 -65 : -925 Plans and specifications were approved and the City Clerk was authorized to advertise for bids, to be opene I Motion x A-154 at 10:30 A. M, on September 23, 1964. Ayes x x x x x x x 1de= 5. A memorandum from the City Attorney regarding anrin boundary line between tidelands and uplands between Ary° E and F Streets, Balboa Peninsula was presented. :A,'F Sts `11 boa This matter was diaried for September 14 to allow Motion x :Ae70 property owner to get his record of survey completed. Ayes xxx x x x x • Ewe ATTEST: 1,0rayor A _ K-1 wi ode 'ity Clerk Page 33 Index R -M22 CA -99 R =6023 CA -7i R -6024+ CA -7i Appg. for Licens 0 is :.A -63 • CITY OF NEWPORT BEACH Volume 18 - Page 34 August 24, 1964 7. Resolution No. 6022, certifying expenditures to be in conformance with the Collier -Unruh Local Trans- portation Development Act, was adopted. 8. Resolution No. 6023, adopting and submitting a budget for expenditure of funds allocated from the State Highway Fund to cities, was adopted. 9. Resolution No. 6024, adopting and submitting a budget for expenditure of State Allocated (Engineering) Funds, was adopted. APPLICATIONS FOR LICENSES: The following applications for licenses were approved: 1. C. Graham Edelblute of Newport Dunes, Inc., for Kiddie ride - Merry -go -round at Aquatic Park. 2. C. Graham Edelblute of Newport Dunes, Inc., for Kiddie Car Ride at Aquatic Park. 3. C. Graham Edelblute of Newport Dunes, Inc., for Kiddie Streetcar at Aquatic Park. 4. C. Graham Edelblute of Newport Dunes, Inc., for Kiddie Aeroplane Ride at Aquatic Park. 5. C. Graham Edelblute of Newport Dunes, Inc., for Kiddie Choo -Choo at Aquatic Park. 6. Wallace Morris Kreag, A. & W. Amusements, 1652 West 15 Street, Long Beach, for skill game (pool table at Beach Roamer, 104 Main Street, Balboa. 7. Exempt, Arthur R. McKenzie, Orange County Chapter of the March of Dimes, 1303 South Main Street, Santa Ana, house to house soliciting for funds for month of January, 1965. Discussion was had concerning the application of Victor L. Wilson, Vic Wilson Service Station, 4625 West Coast Highway, for motor cycle rentals. Mr. Ralph Watson, resident on Seashore Drive, spoke from the audience in opposition. Victor Wilson spoke from the audience in de- fense. Don Brymer, president of Motorcycle Rental, Inc., spoke from the audience in defense. Sylvia Norman, property owner on Seashore Drive, spoke from the audience protesting. Victor L. Wilson, Vic Wilson Service Station was granted his license. ATTEST: Clerk Page 34 r Motion Roll Ca Ayes Motion Roll Ca Aye s Motion Roll C: Aye s Motion Ayes Motion Ayes COUNCILMEN x x x xx X X X x CITY OF NEWPORT BEACH Volume 18 - Page 35 Index August 24, 1964 COMMUNICATIONS REFERRALS: 38di St 1. A letter from Mrs. R. A. Pedersen complaining about Park the condition of the grounds in 11:38th Street Park" was CA -49 ordered filed. Daedg. 2. A letter from Jaynes H. Maul, 111 Edgewater Street, Channel regarding estimated cost of dredging channel by Shell- maker Dredging Company was referred to Public Works Department. Sennett 3. Discussion was had concerning a copy of a letter 1t:r re addressed to Governor Brown from George H. arrest Bennett, Jr., of Las Vegas, protesting the manner in which the Police Department conducted his arrest in connection with a violation of failure to stop at a stop •sign. Mr. James Forshay, 414 - 32 Street, bail bondsman, spoke from the audience. CA -39 The above letter was ordered filed. Austin 4. A letter from Lorraine E. and Frank O. Austin, 2315 appeal Heather Lane, appealing from the decision of the on Planning Commission in connection with the denial of denial Resubdivision Application No. 189, located at 2315 of Heather Lane Newport Beach was resented. ?$esccl> > v'P , P Appu l8° CA-129 The matter was set for hearing on September 14, 1964. Claims 5. The following Claims for Damages were denied, and for the Sty Clerk's referral of the matters to the in- surance carriers was confirmed: : rla�ages a. Claim of Ron Clark for alleged damage to his car when a City trash truck backed into Mr. Clark's car on July 14, 1964. in- CA- b. Claim of Jutta Blessing for alleged personal in- juries incurred at Island Avenue and Ocean Front on August 8, 1964. wally- 6. The following requests for water service were approv :; I_Inr temp, a. Sully- Miller Contracting Company requesting water temporary water service at the northwest corner sery of San Joaquin and Paularino Streets. CA -12 • I ATTEST: ity Clerk Page 35 COUNCILMEN Motion Ayes xxx X Motion Ayes xxx X Motion Ayes Motion Ayes Motion Ayes Motion Aye s X XIXIX 0 9 Index Dana Lab CA -1 C of Excg tax CA -1 CA -1 Foot lgr CA -3 Tr 4 0 CA -2 N 13YC Re.ce Corte W1 Tide land and Sub - merg I and • CA -7 btw- Rive Chan CA -1 8alb Isla graf CA -1 surf Area ..A -4 0 CITY OF NEWPORT BEACH Volume 18 - Page 36 August 24. 1964 COUNCILMEN `c Clerk ' /V `� it Page 36 b. Dana Laboratories Incorporated requesting water service at Campus Drive and Von Karman Avenue wti, 2 in Irvine. C 7. A letter from Newport Harbor Chamber of Commerce se stating that the Committee approves in principle the 07 proposed ordinance relating to excise tax on property Motion x 66 development, was ordered filed with thanks. Ayes X x x x x x e 8. A letter from W. Stuart Foote, Realtor, regarding an error in the vacation of the 15 feet along Oceanfront fronting upon Lot 1, Block D, Seashore Colony Tract, Motion x was referred to the staff for necessary action. Ayes xxx xxx x 8 Fred Murray, salesman of this property, spoke from the audience. 2219. The following requests from The Irvine Company were Motion approved: Ayes xxx xxx x a. Change of Access Location in Tract 4225. b. Dover Drive Median Break and Left Turn Pocket, 3 approximately 660 feet northerly of 16 Street to allow access to Tract 4225. 0. A letter from Newport Harbor Yacht Club requesting approval of construction of a race committee stand, Motion was ordered filed. Ayes xxx xxx x 1. The following were referred to the staff for action: Motion x e a. Memorandum dated August 20, 1964, from the City Ayes xxxxx xx s Attorney with letter from the Joint Committee on Tidelands, regarding their review of legislative ,d grants in trust on tide and submerged lands in Stat s of California. b. Memorandum dated August 21, 1964, from the City Attorney with a Notice of Hearing of the Assembly Committee on Natural Resources, Planning and Public Works, on the subject of Policies and 3 Procedures Governing the Administration of Tide and Submerged Lands. 7 Z. A memorandum from the City Manager recommending C& the designation of Ithe alley Easterly of Balboa Bouleva d le]. from River Avenue Extension to Channel Place as a on - Motion x 34 way alley in a southerly direction, was ordered filed. Ayes xxx xxxx :)a 3, A letter from Hoxsie Y. Smith, 122 Apolena Avenue, id Balboa Island, regarding traffic congestion on Balboa Motion x Ex L4 Island was ordered filed. Ayes xxx Xxxx 4. A di,ecussion easued regarding the following two letters ' as Letter from Bob Rossen, 216 - 36 Street, regard- ing problems in the area of 34 Street to 43 Street and,from the Oceanfront to Lake Street. b. Letter bearing 20 signatures praising the Mole ATTEST: — "IVI or `c Clerk ' /V `� it Page 36 m Pa �CA BU Am 111 A, CITY OF NEWPORT BEACH COUNCILMEN Volume 18 - Page 37 0 9 m m O 0 y Index August 24, 1964 N A p F a o RPatrol, and suggesting the addition of a foot patrol gro1 Bob Rossen spoke from the audience. Sylvia Norman, °39 3601 Seashore Drive, representing approximately 25 residents, spoke from the audience. Lucille Holm, 3703 Seashore Drive, spoke from the audience. The letters were ordered filed and the matter referred to the City Manager for attention by the Chief of the Motion x Lifeguards. Ayes x x x x x x x BUDGET AMENDMENTS: dgeg The following budget amendments were approved: Motion x and- Ayes xxxx x -c C -2 in the amount of $57, 719. 55 (increase in Un- appropriated Surplus) being an increase in Revenue . Estimates for sale of Parcel J ($66, 272. 20) to Mr. an Mrs. Edker Pope less cost of title insurance, ($218.00 revenue stamps ($73.15) and payment of easement ($8, 261. 50) over Parcel E; from sale of property. C -3 in the amount of $5, 080. 00, being an increase in Budget Appropriations for funds for salary survey; from Unappropriated Surplus General to Personnel, Professional Services -- Other. C -4, representing no increase or decrease in Un- appropriated Surplus, increasing Budget Appropria- tions and Revenue Estimates for the purchase of books, being a contribution by Mariners Community Associa- tion in the amount of $140. 00. C -5 in the amount of $10, 000. 00 (increase in Un- appropriated Surplus), being an increase in Revenue Estimates by a contribution by Macco -Lusk and The Bluffs toward cost of construction of traffic signal at Jamboree Road at Eastbluff Drive and Ford Road. C -6, being a transfer to Surplus to loan General Fund money to Park and Recreation Fund for construction of Corona del Mar restrooms. ($22, 000) C -Tin the amount of $22, 000. 00 (decrease in Un- appropriated Surplus) being an increase in Budget Appropriations for the construction of Corona del Mar Beach restrooms; from Unappropriated Surplus Park and Recreation to P. B. & R. - Parks, Parkways, Structures, Construction Corona del Mar Beach restrooms. C -8 in the amount of $23, 334.18 (net increase in Un- -102 appropriated Surplus) being an increase in Revenue ATTEST: Afayor O C ity Clerk Page 37 CITY OF NEWPORT BEACH COUNCILMEN Volume 18 - Page 38 N� Index August 24, 1964 A A x o Estimates for Sale of Parcel H under Resolution No. 5969, and reserving the balance less comimission and incidental costs. ADDITIONAL BUSINESS: . -6025 Resolution No. 6025, appointing an Acting City Attorney ,ctg 'ity and fixing his salary, appointing Tully Seymour as Acting 'gty City. Attorney, effective September 11, 1964, and fixing his Motion x A -94 salary at 1 148.00 , p y $ , per month was adopted. Roll Call: Ayes xxx xxxx COMMUNICATIONS - ADVISORY: The following communications were ordered filed: Motion x Ayes xxx xx raffic 1. Letter from Mrs. Glenn N. Hile, 495 East 22 Street, oise to Mayor Gruber, commending the fact that the City is working on a solution to the noise of the dragsters A° l�s and motor bikes in the area. Boss- 2. Letter from M. C. Johnson, President of Lido Sands 'alk Community Association, expressing appreciation for the fast action on establishing a pedestrian crosswalk A =118 at the corner of Balboa Boulevard and River Avenue, reerway 3. Copy of letter from Robert L. and Jeannie B. Trusty and William H. and Iona K. Trusty sent to California State Division of Highways, protesting actions of A -69 Highway Commission in obtaining right of way for the proposed freeway through Newport Beach. CBdSup 4. Copies of agendas for Orange County Board of Super - P,Pndaa visors meetings held August 11 and 18. A -53 reyhnd 5. Copy. from Public Utilities Commission of Notice of 40 Hearing and Amendment to Application regarding in Pc Application of Greyhound Lines, Inc„ Western Grey - A-99 hound Lines Division, for an order authorizing a state- wide increase in certain intrastate express charges. JC re 6. Copy from Public Utilities Commission of Order ,- Grade Instituting Investigation for the of establishing rossngs purpose a list for the year 1965 of railroad grade crossings of A-36 city streets or county roads most urgently in need of separation. oc Agc 7. Copy of Minutes of the Local Agency Formation Com- oxM 0M mission of Orange County, California, August 12, 1964. 4 °60 8. Resolution of the Newport Harbor Chamber of °G Commerce congratulating the public officials on "fC nmmcl g winning the award as outstanding City Government in $gy Southern California for 1964. • A0$ 3 ATTEST: Mayo?' itf Clerk /� Page 38 CITY OF NEWPORT BEACH COUNCILMEN Volume 18 - Page 39 m= O p1 O A O O Y T p 0 0 y Index August 24, 1964 L 5 C A Ad abrary Board of Library Trustees stating that at the meeting urvey of the Board of Library Trustees, held August 18, 1964, the Board accepted the Council's suggestion that a survey be made and suggesting that it might be most economical for the City to conduct such a survey in -65 conjunction with the one currently being performed, journ The meeting was adjourned at 11 :07 P. M. until 4:30 P. M. Motion x on August 31, 1964. Ayes x x x x x x M' yor ATTEST: yy ae C' y Clerk Page 39 9. Letter dated August 20, 1964, from Newport Beach