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HomeMy WebLinkAbout05/24/1965 - Regular MeetingCITY OF NEWPORT BEACH COUNCILMEN Volume 18 - Page 267 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: May 24, 1965 o y Time of Meeting: 7:30 P. M. o r m m o c Index Place of Meeting: Council Chambers i Roll Call: Present x x x Absent Mayor Gruber recognized Lewis F. Merrill, retiring Assistant Water and Sewer Superintendent of the City, who was in the audience, commending him for forty years service to the City. The reading of the Minutes of the Regular Meeting of May 10, 1965 and of the Regular Adjourned Meeting of May 14, 1965 was waived, and said Minutes were approved Motion x as written and ordered filed. Ayes x x x Absent HEARINGS: Flag 1. Mayor Gruber opened the public hearing upon the public convenience or necessity for the construction ssmt of street lighting facilities and appurtenances and Dist appurtenant work in proposed "Assessment District N0.49 No. 49" (incorrectly known as Asse's'sinent.`Disar:ict No. 14) under the "Improvement Act of 1911" without compliance with the "Special Assessment Investi- gation, Limitation and Majority Protest Act of 1931. " The Deputy City Clerk reported that affidavits, in support of the publication, the mailing and the posting of the Notice of hearing as required by the Constitutio and by this City Council, have be en made and are on file in the office of the City Clerk. The Mayor inquired of the Deputy City Clerk if any written protests or objections to the undertaking of said proceedings without first complying with the provisions of "Special Assessment Investigation, Limitation and Majority Protest Act of 1931" had been . filed with her in said matter. The Clerk reported that 15 written protests or objections had been filed with her prior to the time set for this hearing by the following: Forrest R. McCuiston, J. H. Adams; John J. Hill, et al, Earl T. Hull, Jr. and Helen G. Hull, Margaret Vochelli, Robert S. Fager, David S. Oakley and Helen M. Foster, W. W. Trevor, Mrs. Ethyl M. Ferguson, Margaret V. Pollock, J. D. Wallace, et ux, Carl H. Hanser, Mrs. Ethel M. DeBord, Mrs. Robert Cunningham,- Donald A. Hart; and one letter in favor from Leslie B. Knox had been filed. Mayor ATTEST: City Clerk Page 267 Cr ., I Fl! 0- CITY OF NEWPORT BEACH COUNCILMEN Volume 18 - Page 268 G"r �`` o O A 07" 1 Index May 24, 1965 m Mayor Gruber asked if anyone present desired to be heard in said matter. Donald Hart, 126 -1/2 46th Street, spoke from the audience. The hearing was closed. Motion x Ayes x xxx xx Absent x -6149 Resolution No. 6149 finding and determining that the public convenience and necessity require the im- mediate improvement consisting of the construction of street lighting improvements and appurtenances and appurtenant work in proposed "Assessment District No. 49" (incorrectly known as Assessment District No. Motion x 14) and that the "Special Assessment Investigation, Roll Call: Limitation and Majority Protest Act of 1931" shall not Ayes x x x x x x apply, was adopted. Absent x • Donald Hart inquired from the audience regarding the extent of the cost of proposed lighting. Public Works Director Devlin answered Mr. Hart's question. A memorandum from the Public Works Director dated May 24., 1965 recommending the selection of Simpson and Stevlingson as Engineer of Work, was presented. The recommendations of the Public Works Director Motion x were accepted. Ayes x x x x x x Absent 6150 Resolution No. 6150 appointing an Engineer of Work in connection with Assessment District No. 49 and author- Motion x izing the execution of an Agreement of Employment Roll Call: . °28 with such Engineer of Work, was adopted. Ayes x x x x x x Absent x . 2. Mayor Gruber opened the public hearing on Ordinance 1129 No.. 1129, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAPS NOS. 32 AND 48, rezoning property.in Block 93 in Irvine's Subdivision, located northerly of Pacific Coast Highway and westerl of MacArthur Boulevard, from an Unclassified and a C -1 -H to C -N -H District, and from an Unclassified to a C -O -H District; Planning Commission Amend- ment No. 203. ayor ATTEST: City Clerk Page 268 CITY OF NEWPORT BEACH COUNCILMEN Volume 18 - Page 269 s A p f G O 3 m m Index Mav 24, 1965 ? a A C. S W T C. R C C C S G i b P C C • The hearing was closed. Motion x Aye s x x x x } Absent x x_10 Ordinance No. 1129 was adopted. Motion x Roll Call: Aye s x x x x 3 Absent x CONTINUED BUSINESS: =de- 1. On May 13, 1963, the Council directed that sidewalk ilks requirements in a portion of Tract No. 4225, which g 4221 had been waived for a period of two years, be re- examined at this time. k -23 The matter was referred to the Planning Commission Motion x • for recommendation. Ayes x x x x 3 Absent x -6151 2. Resolution No. 6151, authorizing the transfer of -529 License Agreement from George C. Hiner to Noel M.- Motion 3 -890 Phoenix and Betty Loul Phoenix, was adopted. Roll Call: Ayes x x x x 3 Absent x Late 3. The City Manager reported regarding the April 26 rant letter from County Supervisor David L. Baker ands relative to method of distribution of the State Grant o'= Funds for parks. A discussion was had. arks The City Manager was directed to investigate the Motion possibility of using State Grant Funds for beach areas Ayes x x x x 3 and, if possible, to indicate to proper authorities that Absent x we would like some of the Funds for this purpose; and if it is not possible to use subject Funds for beach • areas, then the City Manager is to advise the County that we have no property at this time for which the k -49 State Funds can be used. CURRENT BUSINESS: in 1. The Final Map for Tract No. 5877, located between ap the Corona del Mar High School and Big Canyon, East r 587 Bluff area, was presented with the recommendations of the Public Works Department and the findings of the Planning Commission. It was directed that the matter be returned to Council Motion k-23 for consideration on June 14. Ayes x x x x y Absent x • ayor ATTEST: City Clerk page 269 93 x x x Index May 24, 1965 Z• surfac Baysid ID_ive C -950 CA -29 3 -6152 CA -22 Accept Steel Bldg "4ddn C -941 CA -79 'accept Imp Tr 518 • CA -23 Coogan Curb break 38th & Harcus CA -30 • CITY OF NEWPORT BEACH COUNCILMEN Volume 18 - Page 270 2. A memorandum was presented from the Public Works s a P F N f A a 0 2. A memorandum was presented from the Public Works Director dated May 24, 1965 regarding resurfacing of Bayside Drive westerly of Jamboree Road and recom- mending authorization for inclusion of portion of Bay - side Drive in 1964 -65 Street Improvement Contract (C -950). The recommendations of the Public Works Director Motion x were approved. Ayes x x x x x x Absent x 3. Resolution No. 6152 limiting the parking of vehicles on certain streets (limiting the parking between 7:00 A. M. and 6:00 P. M. to two hours Mondays through Fridays in the vicinity of Newport Harbor High School and St. Andrews Presbyterian Church, putting Motion x into effect the parking restrictions approved by the Roll Call: Council on May 10), was adopted. Ayes x x x x x x Absent x 4. A memorandum from the Public Works Director dated May 24, 1965 recommending acceptance of Steel Building. Addition at City Corporation Yard by Dudley Steel Corporation (C -941), was presented. The work was accepted, and the City Clerk was Motion x authorized to file Notice of Completion and to release Ayes x x x x x x the bonds 35 days after Notice of Completion has been Absent x filed. 5. A memorandum from the Public Works Director dated May 24, 1965 recommending acceptance of im- provements in Tract 5184, located at Estelle Lane and Santiago Drive, Westbluff area, was presented. The public improvements constructed in conjunction Motion x with Tract 5184 were approved, and the City Clerk Ayes x x x x x x was authorized to release the bond. Absent x 6. A letter dated May,5, 1965 from John H. Coogan, 3801 Marcus, requesting approval of a curb break which would be greater than what is allowed according to the Driveway.Approach Policy, and a memorandum from the Public Works Director dated May 24 regarding subject curb break, were presented. The recommendation; of the Public Works Director to allow the construction of a 34 -foot wide residential Motion x drive approach on 38th Street at 3801 Marcus, was Ayes x x x x x x approved. Absent x ayor ATTEST: City Clerk Page 270 i 1 I 1 I 1 E i i I CITY OF NEWPORT BEACH COUNCILMEN Volume 18 - Page 271 s n t Index May 24, 1965 ? y� x x x F4 Al ng 7. A memorandum from the Public Works Director 'e-pair dated May 24, 1965 regarding piling repair of Marine larine & Avenue and Park Avenue bridges (revised C -849), was lw -k Ave presented. Bridges ; -849 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 ;«97 opened at 10 :30 A. M, on June 23, 1965. Absent x Tanta 8. A memorandum from the Public Works Director kna rave dated May 24, 1965 regarding Santa Ana Avenue en- mcroach- croachments, was presented. vents The recommendations of the Public Works Director that the encroachments at 330 and 418 Santa Ana ;A-38 Avenue be removed was approved, and his recom- 'A-90 mendation of a policy that any structure in the public Motion x • right of way which would require a building permit be Ayes x x x x removed, was - approved.. Absent x Seal 9. A memorandum from the Public Works Director :oat dated May 24, 1965 regarding the 1964 -65 Seal Coat 'rog. Program in the Westbluff Area (C -963), was presented. aestblu f area 1=963 The plans and specifications were approved, and the Motion City Clerk was authorized to advertise for bids to be Ayes x x x x :A, °29 opened at 10:30 A. M. on June 14, 1965. Absent x k -6153 10. Resolution No. 6153 accepting a Grant of Easement from The Irvine Company and Rector, Wardens and Vestrymen of St. James Parish in Newport Beach for street and highway and public utility purposes on Motion Fifth Avenue between Larkspur and Poppy Avenues, Roll Call: .A °29 wa's adopted. Ayes x x x x Absent x • 11. The expenditure of $440.94 from Community Relations amps - °s Activity ( #1139) for portion of Employees' Awards Motion x 'awards dinner, was approved. Ayes x x x x sinner Absent x ;A -47 Crash 12.. A request was presented from the Balboa Island Im- Pecep. provement Association dated May 17, 1965 for per - 3alboa mission to install special trash receptacles at certain Island street ends at their own expense. yor ATTEST: City Clerk Page 271 x x x F4 Index CA_ Co-: del sid e r1a '30l hol C :=a° inn CA- Hay Gsru ex-.3 CA- cdH si ho CA_ CITY OF NEWPORT BEACH COUNCILMEN Volume 18 - Page 272 s a O a m m O A y Ma 24 1965 • Subject request was approved with the provision that Motion x 72 the Association agree to maintain the exterior portions Ayes x x x x x x of these. Absent x ma 13. A request from the Corona del Mar Chamber of Com- Na:_ merce and the Exchange Club of Corona del Mar for ,wk the City to prepare holes in sidewalks for installation g� of new flags and poles, was presented. e es The matter was deferred until the Council can find out Motion x more about this. Ayes x x x x x x See further action taken in regard to this .. matter, as indicated following Item 15 30 below. exn 14. A memorandum from the City Manager dated May 24, •No. 1965 regarding Annexation No. 57 and a letter from The 57 Irvine Company dated May 20, 1965, were presented. A discussion was had. Ray Watson of The Irvine Com- pany spoke from the audience. The matter was held over to June 14, or until next Motion x 108 Council meeting, whichever is sooner. Ayes x x x x x x Absent x or 15. The expense account of Mayor Paul J. Gruber for bex attendance at Highway Commission hearing, to make statement re Coastal Freeway Route, in Sacramento bn Motion x t April 28, 1965, in the amount of $53.40, was approved. Ayes x x x x x x 92 Absent x - -- Re Item 13 above: The City Manager stated that Mr. Carl Kegley had ewk arrived, and asked if Councilman Stoddard would agree to return to Item 13. Mayor Gruber announced that the eS Council would consider further action on this subject. Mr.. Kegley spoke from the audience. The City Manager was authorized to have thirty - five. Motion x new holes drilled„ to clean out all the old ones they Ayes x x x x x can find, and to install the new sleeves with plugs in Noes x all new holes and in all old holes, giving preference to Absent x old holes first because they might be hazardous, and it was further directed that the holes all be properly 30 grouted and the sleeves set in. Mayor ATTEST: City Clerk Page 272 Y 4 C1 st C De ca Fc CI? 1 Ap CA Dill' CA- 4 CITY OF NEWPORT BEACH COUNCILMEN Volume 18 - Page 273 s Index May 24, 1965 z n x 0 Ix Ix ty Clk 16. A memorandum dated May 17, 1965 from the Council affing Salary Committee regarding permanent staffing in.the City Clerk's office, was presented. The City Manager was directed to start recruiting for Motion the vacancy in the City Clerk's office at Range 27 to be Ayes x x x x =93 entitled Deputy City Clerk. Absent x di- 17. A memorandum dated May Zl, 1965 was presented from .ion the City Attorney regarding acceptance of dedication rd Rd of Ford road between MacArthur Boulevard and Jam- boree Road as a public street. A discussion was had. -38 The matter was referred back to the staff to clear up Motion x °162 some of the questions. Ayes x x x x Absent x ' APPLICATIONS FOR LICENSES: pl Lic The following Applications for Licenses were approved: Motion x Aye s x x x x 1. Exempt, Helen O. Creed, Chairman American Legion Absent x Auxiliary Newport Harbor, Unit No. 291, 215 -15th Street, Newport Beach; sale to be conducted on May 28 and 29, 1965; for the purpose of raising funds for re- habilitation, child welfare, and education of needy veterans and their dependents. 2. Herman R. Tate of Yellow Cab of Newport /Costa Mesa, 63 Inc. , for exchange of two vehicles (taxi) 186 East 16th Street, Costa Mesa. COMMUNICATIONS REFERRALS: (C req 1. A letter from Henry K. Mackel, Commodore, Newport Harbor Yacht Club, requesting funds to assist in /don- = do carrying out the hosting of the International Star Class Yacht Race Association Worlds Championship Regatta during the third week in August, 1965, was presented. Commodore Mackel and Mr. Colton representing Newport Harbor Yacht Club spoke from the audience. The matter was referred to the staff with instructions Motion to confer with Commodore Mackel, Mr. Colton and any Ayes x x x x others and attempt to supply Council with a specific Absent x item or items that money could be expended for, like trophies, and that this matter be discussed with the 82 Budget. Major ATTEST: 1 City Clerk I Page 273 x 0 Ix Ix CITY OF NEWPORT BEACH Volume 18 - Page 274 Index May 24, 1965 COUNCILMEN 1 • 2. Two letters, dated May 11 and May 20, 1965, were �alboa presented from Agnes Blomquist, President, of New - Vgs & port Balboa Savings and Loan Association, regarding a .n 1it:t—t proposal to assist in the solution of the litter problem. )aske'ts The proposed litter basket pilot project which is being suggested by the Anti - litter Committee was approved; Motion X the City accepted from the Newport Balboa Savings and Ayes x x x x Loan Association the donation of ten litter baskets to Absent x be used in this pilot project; the City agreed to service the baskets in connection with the project; and it was directed that it be suggested to the Newport Balboa Savings and Loan that they might consider, in pur- chasing these ten baskets to be donated, getting perhaps two of the solid plastic baskets, which the Council realizes are more expensive, but which would be. help- ful to check in connection with this pilot project be- cause there are some areas of the City where perhaps this would be the only acceptable type of basket. Jack Barnett spoke from the audience. It was further agreed that, in accepting these baskets, Motion x the City would agree to hold the donors free from any Ayes x x X x ;Am72 liability. Absent x ;0MM, 3. A letter from Carl S. Kegley dated May 13, 1965 re- .'outh garding "inherent danger from objects, among them, ;en -Ler baseballs, threatening and striking passersby, kazard damaging and injuring real property and structures, " was presented. C. D. Rote, 516 Orchid, Corona del Mar, President of Newport Harbor Community Youth Center Board, and Carl Kegley spoke from the audience. A discussion was had. :A-38 The City Manager was authorized to take whatever Motion • steps he considers necessary along protective lines. Ayes x x x x Absent x `Brach 4. A letter was presented from Sunrise Industries, Inc. >oy99 dated May 17, 1965 requesting a review by the Council, at the May 24 meeting, regarding the wind break called "The Beach Boy" (which matter had been con- sidered previously at the May 10 Council meeting and ordered filed upon indication by the City Attorney that the ordinance prohibited use of the product as proposed following which action the City Clerk so advised Sun- rise Industries, Inc, by letter on May 19).• The City Attorney said that further consideraC(on of the artic:ie indicated that it is not a true umbrella and could be used legally under the ordinance. ayor ATTEST- City Clerk page 274 X Index • CA -70 AB 2844E CA -66 Summons C• �iamml 11 Oil CA -84 Budget Amend- ments • • CITY OF NEWPORT BEACH Volume 18 - Page 275 May 24, 1965 The matter was referred to the City Manager with the instruction that if he wants to advise Sunrise Indus- tries that there was an error in the advice furnished them, he should do so. If:.the City Manager feels the Ordinance needs some additions, he was requested to so advise the Council. 5. A memorandum dated May 19, 1965 from Edward D. Comstock, Mayor, City of Bell Gardens regarding Assembly Bill 2844, was presented. The matter was referred to the Legislative Committee to investigate. 6. The Summons and Complaint for recovery of ad valor taxes paid under protest; for recovery of ad valorem taxes after rejection of claims for refund; and for declaratory relief in Orange County Superior Court Action 135900; Hammill Oil Corporation, et al., Plaintiffs, vs County of Orange, City of Newport Bea et al., Defendants, served on the Deputy City Clerk on May 19, 1965, was presented. The City Clerk's referral of the matter to the City Attorney for referral to the County Counsel was con- firmed. BUDGET AMENDMENTS: The following Budget Amendment was approved: C -63, in the amount of $1, 500 (decrease in Unapprop: ated Surplus) being an increase in Budget Appropriate for traffic study of Balboa Boulevard extension; from Unappropriated Surplus General to P. W. Admr. and Engineering, Professional Services- Engineering. The following Budget Amendment was approved: C -65, transfer of Budget Appropriations for purchase of portable electric heating unit for Finance Office machine room; transfer $63 from Account 1027 Main- tenance to Account 1093 City Hall Equipment N. O. C. ATTEST: City Clerk yor Page 275 COUNCILMEN Motion Ayes Absent Motion Ayes Absent Motion Ayes x x x x x Absent x Motion x Ayes x x x x x Absent x Motion Aye s Absent U CITY OF NEWPORT BEACH COUNCILMEN Volume 18 - Page 276 s ,�xo�op , y Ma 24 1965 Index C �8 =6 CA- Star Cc ' The following Budget Amendment was approved: Motion x Ayes x x x C -66, in the amount of $18, 000 (net decrease in Un- Noes x appropriated Surplus) being an increase in Budget Absent x Appropriations and an increase in Revenue Estimates for increase in revenue of Municipal Court Fines and contribution by City to Beach Erosion Control project costs, Phase I; $20, 000 to Revenue from Municipal Court Fines to Unappropriated Surplus General, and $38, 600 from Unappropriated Surplus General to General Services, Land Improvements, Beach Erosion 102 Control. ADDITIONAL BUSINESS: 154 1. Resolution No. 6154 authorizing the Mayor and City Clerk to execute an Agreement between County Sani- tation District No. 5 of Orange County and the City of Motion Newport Beach for collection of sewer connection Roll Call: 32 charges, was adopted. Ayes x x x x Absent x COMMUNICATIONS - ADVISORY: f-'_ng 1. Councilman Forgit made a motion to file the following Motion letters: (a) A letter from Bill Braley, 2633 Bunya Street, Newport Beach, commenting on the conduct of the hearing held May 10th regarding the surfing ordinance. (b) A letter from Robert T. Marold protesting aspects of the swimming ordinance relating to "no swim- ming" rule which applies during surfing hours. A discussion was had, and it was indicated that meetings, tentatively proposed for the end of the season, between the Council, or representatives of the Council, the surfers and interested parties to determine any changes needed in pertinent ordinances would be scheduled. A vote on Councilman Forgit's motion was taken, and Ayes x x x x f9 the motion .carried. Absent x PfAajor ATTEST: I City Clerk Page 276 x x T� Mc Tc Sc C, Si se C( C= C< C) V, S, M< C1 C' S1 P, r_a Ili C_ CITY OF NEWPORT BEACH COUNCILMEN Volume 18 - Page 277 p p1f`G10 - o P N= O B O W Index Mav 24_ 1965 r a P F a Z. The following communications were ordered filed with Motion x instructions that the City Manager convey the Council's Ayes x x x x x x commendation to the Newport Beach lifeguards in Absent x connection with the letter from George P. Carver, and that the City Manager reply to the communication of Daniel G. Aldrich, Jr.: knner (a) Notice of Hearing on June 22d at 10:00 A. M. before )tor the Public Utilities Commission of the State of curs & California in the matter of the application (No. ° Aif 47365) of Tafiner Motor Tours, Ltd., for certi- ght- ficate of public convenience and necessity to ,eing operate as a passenger stage corporation in the transportation of persons in sightseeing service in and around the City of Los Angeles; and the application (No. 47382) of Southern California Sightseeing Company, Inc, for certificate of pub- . lic convenience and necessity and authority to establish fares and to issue securities and appli- cation of Greyhound Lines, Inc, to acquire control -99 of Southern California Sightseeing Company, Inc. (b) Copies of agenda for Board of Supervisors °53 meetings held May 11, 12, 18, and 19. (c) A letter from Burke, Kober & Nicolais stating I a -35 that the City of Westminster has commissioned them as architects and engineers to design their proposed Civic Center complex. (d) A letter from B. R. Morris stating that he is tr 851 requesting that the Commission reconsider a` Variance No. 851, since he is unable to obtain )'LrZS written consent from Mr. McGee as required in , -13 said Variance. (Apparently being handled by . Building Department at this time.) (e) Public notice relative to the establishment of a =70 restricted area adjacent to Point Loma, San Diego, California, from U. S. Army Engineer District, Los Angeles. =k- (f) Copy of a letter from Kenneth Sampson, Director .1e of Harbors and Beaches, to Mr. Roger S. Watson, !moval pertaining to Stockpile Removal Agreement. _'mt 1-1103 =15 Mayor ATTEST: City Clerk I Page 277 E C Le C L C L C C u L C CITY OF NEWPORT BEACH Volume 18 - Page 278 Index May 24, 1965 COUNCILMEN i O Y m m • (g) A letter from Senator John G. Schmitz expressing .A °66 appreciation for Resolution 6129 opposing Assembly Bill 1799, stating that the Bill has not come out of Assembly Committee on Natural Resources, Plan - ning and Public Works, and the Senate has not, therefore, had an opportunity to study it. (h) A letter bearing twenty -one signatures commending °�� the Council for the surfing ordinance and stating they would like to see the ordinance in effect from May 1st to November 1st. (i) Copy of a letter to Chief of Police James Glavas and the City Council of Newport Beach regarding a suggestion of how to keep the tourist cars out of the Peninsula. • (j) A letter from Dr. Vincent P. Carroll, Chairman A -172 of the Orange County Interim Council on Smoking and Health, suggesting that the City review its policy about cigarette vending machines in public buildings. (k) A letter from Henry W. Maier, President of the ,(; °176 National League of Cities, inviting officials of Newport Beach to attend the Congress of Cities to be held in Detroit, July 24 -28, 1965. &ATS (1) A letter from Los Angeles Regional Transportation A °99 Study regarding Area Coordinating Committee meeting which will be held May 27, 1965. 1fegd (m) A letter from George P. Carver commending the DM" . Newport Beach lifeguards. n -83 0?e" (n) A letter from Chancellor Daniel G. Aldrich, Jr. 10d 3ay at University of California Irvine regarding Upper xchange Bay land exchange. k °70 The meeting was adjourned at 10:10 P. M. until June 1, 1965 Motion at 7:30 P. M. , when the first meeting on the Budget will be Ayes x x x held. Absent x Mayor ATTEST: City Clerk Page 278 I tix