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HomeMy WebLinkAbout07/12/1965 - Regular MeetingCITY OF NEWPORT BEACH Volume 19 - Page 1 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: July 12, 1965 Time of Meeting: 7:30 P. M. Index Place of Meeting: Council Chambers COUNCILMEN s a O T rt M O G� T Roll Call: Present x x xxx x xl The reading of the Minutes of the Regular Adjourned Meetings of June 21, 22, 24 and 28 and the Regular Meeting of June 28, 1965 was waived, and said Minutes Motion x r were approved as written and ordered filed. Ayes x x xxx x xl HEARINGS: kz'._-g 1. Mayor Gruber opened the public hearing regarding the appeal of Barney R. Morris from the decision of the :171 nC ^_ Planning Commission in connection with the conditioned - approval of Application for Variance No. 851, which permits, among other conditions, a five foot fence within the front yard setback four feet easterly of the westerly property line at 915 Via Lido Soud, Lots 315, 316, 317, Tract 907, Zone R -1; applicant desiring to 1 have a five foot fence on the westerly property line. A letter dated June 11, 1965 from Attorney Dale H. Heinly, presenting the appeal of Barney R. Morris, and a letter dated June 21, 1965 from Attorney William R. Butler, representing Mr. W. McGee, requesting a hearing in connection with.subject Variance, were presented with the findings of the Planning Commis- sion. Attorney Heinly and Attorney Butler spoke from the audience. Attorney Butler presented snapshots de- picting elevations of properties involved. Planning Director J. W. Drawdy and Building and Safety Direction R. A. Glenn spoke from the audience. A discussion was had. The hearing was closed. Motion x Ayes xxx xxx x The findings of the Planning Commission granting Motion x conditioned approval of Variance No. 851, were Ayes x x x x upheld. Noes x x x 2. Mayor Gruber opened the public hearing regarding the ^' appeal of Dan A. ,McCall from the decision of the Planning Commission denying Application for Use 0 Permit No. 1140, requesting permission to have dancing and live entertainment at Satan's Suite, 2000 W. Balboa Boulevard, Lot 1, Block 220, Section A, Newport Beach Tract, Zone C -1. ayor A TEST:. I CitA Clerk Page 1 I CITY OF NEWPORT BEACH COUNCILMEN Volume 19 - Page 2 Index Julv 12. 1965 s D a 0 O Y m W O P y x X tLl 0 A letter from Dan A. McCall received on June 14, 1965 appealing from the decision of the Planning Commis- sion and a petition signed by twenty -four residents requesting that the Council deny Mr. Dan A. McCall's application for Use Permit, were presented with the findings of the Planning Commission. Mr. Dan A. McCall spoke from the audience and de- leted his request.far live entertainment but retained his request to have dancing on the premises. A dis- cussion was had. No one else desired to speak. The hearing was closed. Motion X Aye s xxxxx x s5 i The findings of the Planning Commission were Motion x sustained. Ayes xxxxx x iEc 3. Mayor Gruber opened the public hearing regarding ;nn :_rag Planning. Commission Resolution No. 679 which pro- m posed to amend the Land Use element of the Master 679 Plan. No one desired to speak from the audience. The hearing was closed. Motion x Ayes xxxxx x il.87 Resolution No. 6187, adopting certain Amendments to Motion x the Master Land Use Plan (Amendment No. 11) was Roll Call: .n -1-28 adopted. Ayes XXXXXX h-. -g 4. Mayor Gruber opened the public hearing for protests a, to the 1964 -65 Weed Abatement Program, and the Council considered the .'Report of the Street Superin- tendent dated July 12, 1965, copy of which had been posted for more than three days on the bulletin board of the City Hall. No one desired to speak from the audience. The hearing was closed. Motion x Ayes XXXXXX 188 Resolution No. 6188, confirming the Report of the Motion x I1 Street Superintendent on Weed Abatement, was adopted. Roll Call: Ayes X xxxx x ayor ATTEST: �° Q Citl Clerk Page 2 x X tLl 0 5l �Y. - 1137_ CITY OF NEWPORT BEACH Volume 19 - Page 3 ndex July 12, 1965 COUNCILMEN s Y YN m p T O Z r p m o Gam+ A 5. Mayor Gruber opened the continued public hearing in connection with Annexation No. 57 (Centerview) in accordance with Resolution No. 6155. A report from the City Manager dated June 12, 1965, recommending approval of the Annexation and approval of certain items numbered A through F, as represent- ing the position of the Council in connection with sub- ject Annexation. Mr. Frank Hughes of The Irvine Company spoke from the audience and presented a letter dated July 12, 1965 from W. R. Mason, Vice - President of The Irvine Company. The consensus of the Council was that the letter was inadequate, and precise approval and acceptance of the recommenda- tions set forth as A through F in the memorandum mentioned above should be given in writing by The Irvine Company before the Council could proceed with the Annexation. The hearing was continued to August 9, 1965. Motion x Ayes Xxxxxx ORDINANCES FOR INTRODUCTION: 1. Ordinance No. 1131, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 3299.4 AND 3299.6 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO DECREASED SPEED LIMITS, decreasing the prima facie speed limit on Eastbluff Drive from Bixia Street northerly to Jamboree Road to 45 miles per hour, and decreasing the prima facie speed lir fit on Eastbluff Drive from Bixia Street southerly, to Jamboree Road to 35 miles per hour. Ordinance No. 1131 was introduced and passed to Motion x second reading. Roll Call: Ayes N x xxxx: h ayor ATTEST: Citli Clerk i Page 3 VA K ndex July 12, 1965 �z.i32 a ove,.0 n ZL' 'Sec' �Pv9_s:ion "23 6183 -79 L2o _OI Is 792 500 CITY OF NEWPORT BEACH Volume 19- Page 4 COUNCILMEN 2. Ordinance No. 1132, being, O 2 O G O �f A A F p0 2. Ordinance No. 1132, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 3290 OF THE NEWPORT BEACH .MUNICIPAL CODE RELATING TO PARKING METER ZONES, making certain changes in parking meter zones in the vicinity of the 26th Street parking lot. A memorandum dated July 7, 1965 from the City Attorney was presented. Ordinance No. 1132 was introduced and passed to Motion x second reading. Roll Call: Ayes X K x x x Abstain x RECESS for ten minutes was declared by Mayor Gruber. The Council reconvened with all Councilmen present. CONTINUED BUSINESS: 1. A memorandum from Public Works Director dated July 12, 1965, regarding Dover - Westcliff Inter- n section Revisions was presented. A discussion was had. Plan II as submitted by Williamson and Schmid, consulting engineers, in a report dated May, 1965, was approved for the Dover - Westcliff Intersection Motion Revisions. Ayes xx x x Noes x x 2. Resolution No. 6189 authorizing the execution of a Motion x service agreement with Integrated Data Corporation, Roll Call: was adopted. Ayes xxxxxx CURRENT BUSINESS: 1. A letter to Mayor Gruber from John J. McHhgh, President of the Board of Newport Harbor American Legion Post No. 291, 215 15th Street, requesting an appointment to discuss the present lease between the City, and the Post in regard to making future plans for beautification of the present facilities and extension of the present lease, was presented. ^° Mayor ATTEST: ff nn 1 City Clerk Page 4 x CITY OF NEWPORT BEACH COUNCILMEN Volume 19- Page 5 a A a Index July 12, 1965 in Z r f o G w m P GOO, � . <S -� Mayor Gruber was requested to meet with the Motion x gentlemen and to tell them it is not the Council's Ayes x x x x x x x C:. °70 intention to extend the lease. Lis 1e 2. A letter was presented from Joe R. Lisle dated cu---b June 30, 1965 requesting a curb break on 5th Avenue, b'.=eak Lot 21, Block 740, Corona del Mar, also known as 720 Marigold Avenue. A memorandum dated July 12, 1965 was presented from the Public Works Director. Mr. Harold R. Sproul, representing Mr. Joe R. Lisle, spoke from the audience. C%� °3 ^v The request for subject curb break was denied. Motion x Ayes xxx xxx x L\Iayo _ `s 3. Mayor Gruber's expense account, in the amount of 4xn acct $55, for attendance at a public hearing of the California Ank Highway Commission in Sacramento on June 29, 1965, Motion x ct7 was approved. Ayes x x x x x x x °6190 4. Resolution No. 6190, authorizing the execution of a Motion x °oa, contract to serve water outside the City to Southern Roll Call: C:'_ °12 California Edison Company, was adopted. Ayes x x x x x x x =cca?t 5. A memorandum dated July 12, 1965 was presented s ci'`..ra1k from the Public Works Director recommending _i 4393 acceptance of improvement (sidewalks only) in Tract 4893; "Eastbluff- Newport" between Jamboree Road and Eastbluff Drive, Aleppo Street to Basswood Street. Subject improvements were accepted and the City Motion x -. -23 Clerk was authorized to release the bond. Ayes x x x x x x x 6. A memorandum dated July 12, 1965 from the Public %GTue =.y Works Director regarding the Montgomery Report, 'ate= Water System Facilities for Pressure Zones III ?'yp through VIII, was presented. Zones III and IV facilities recommended in the James Montgomery, Inc. report dated June, 1965, were Motion x approved and, pending some clarification, the Council Ayes x x x x x x authorized the City Attorney to be thinking about an Noes x ordinance with emphasis on a charge for connections rather than a charge for acreage. Councilman Elder stated that he approved facilities recommended in the Montgomery report but voted "No" on the additional x..12 portion of the motion. Mayor ATTEST: .410' L Page 5 -per Cec 132 C,a :3a! R1-; ?xi nn v. e` C °I V•y` ry i.. V lE 9x 1 f Index Julv 12. 1965 CITY OF NEWPORT BEACH Volume 19- Page 6 COUNCILMEN s P N r \o\9� a 0 O O A O Y =, � 7. A letter proposal for services by Ira. N. Frisbee & Company, dated June 29, 1965, was presented. 191 Resolution No. 6191 authorizing the execution of an Motion x 92 agreement with Ira N. Frisbee & Company for audit- Roll Call: 112 ing services, was adopted. Ayes X X X X X X N 192 8. Resolution No. 6192 authorizing the execution of an 88 agreement extending the term of the agreement with Motion x 69 Orange County to perform soil tests to June 30, 1966, Roll Call: was adopted. Ayes X X X X X X I I bo^ 9. A memorandum dated July 12, 1965 was presented d from the City Manager. The City Manager's re- ans:_on commendation to defer completion of Balboa Boulevard dy extension study until the State Highway Commission 15C acts on the Inland Corridor feasibility study, was Motion x approved. Ayes x x x x x x ji i 19-1 10.: Resolution No. 6193 authorizing an agreement extend - 68 ing the agreement for municipal radio services with Motion x the County of Orange for maintenance of radio utilities Roll Call: 179 system, was adopted. Ayes X x x x x x a; APPLICATION FOR LICENSE: 1 1_c 1. The following application for license was considered Motion x and approved: Ayes x x x x 3. Abstain x x (a) Roger T. Darby of B &D Enterprises, 3939 West Coast Highway, for motor bike rentals; bikes to be rented from Bob Dodd Union; license to be issued under condition that muffler system be 63 adjusted so that it cannot be tampered with by ordinary renters. Motor bikes to be kept within a building. Samuel Downing spoke from the audience. COMMUNICATION REFERRALS: 1. A letter dated June 25, 1965 from Mark A. Soden, as SSure an individual and as President of Harbor View Hills bo: :- Community Association, requesting that the City of L'7 Newport Beach solve the problem of extremely low Is water pressure in parts of Harbor View Hills for the present, pending the new water main to be installed in the Centerview Annexatio ayor AI^�T�TEST: ` \�v ity Jerk Page 6 I Index :. :, -12 Up, 1 ?e, 3Ly V0= :`.,ssoc ­eq. '15 7 SC< ?_G C., °c16 CITY OF NEWPORT BEACH Volume 19- Page 7 COUNCILMEN m oho Co Z f P A F a The matter was referred to the City Manager for in- Motion vestigation and report. Ayes X X X X X X : The City Manager reported that the matter had been .looked into and that a pressure guage check would be used to check the water pressure. The previous Council action above indicated was re- scinded and the staff was requested to investigate Motion further the pressures with a recorder. Ayes xxxxxx ; 2. A letter request dated July 7, 1965 from Ardyth M. Pesek to block off Golden Circle Drive for a Newport Upper Bay Community Association affair, was pre— sented. The City Manager recommended approval. In behalf of the Mayor, the request was granted. Motion Ayes xx xxx : 3. S C A G: A letter dated June 30, 1965 from David L. Baker, Chairman of City, County Relations Committee of Southern California Regional Association of County Supervisors, transmitting the Report on Southern California Association of Governments; a letter dated June 29, 1965 regarding membership from Jay Michael, temporary secretary of SLAG; and a letter dated May 28, 1965 from Jay Michael transmitting proposed SCAG Bylaws and agreement and summary sheet, were presented. A memorandum dated July 8, 1965 from Councilman Marshall was presented, Mayor Gruber:was.directed to send a letter to the SCAG Motion x Foundation Committee informing the Committee that Ayes XX x X: the City Council of Newport Beach has the matter under Noes x x review but at the present time is not prepared to take any action regarding the adoption of the SCAG agree- ment. Councilman Cook and Councilman Elder stated that their "No" vote indicated that they are not in favor of SLAG. Mayor ATTEST: �° !Vle to .a, - Jc —' Citt Clerk Page 7 Index July 12, 1965 a :ln ;3o 3.2c, meni setl ck-1 am S3 C.''�° i.:_bz 3i_Li 'o CA -( in CA-1 ^A_]. 44 CITY OF NEWPORT BEACH COUNCILMEN Volume 19 -Page 8 a 0 \7;\xf A A F =1 O 4. A letter dated July 2, 1965 and bearing ten signatures ch action of the Planning Commission in the matter of .Oacc,- granting a building permit to allow completion" of a °nco front porch at 1500 Kings Road,(home of Dr. Ralph ;ack Anderson), was presented. The matter was referred to the Planning Commission Motion and the Planning Commision was requested to confer Ayes xxx x x x with the City Attorney. The letter was referred to the City Manager with re- Motion quest that he advise the people involved of the current Ayes x x x x x xl status of the matter. .0 Dr. Ralph Anderson spoke from the audience. on 5. A letter dated June 28,' 1965 from M. R. Pieper re- 't20 'r'e P questing permission to keep a split -rail fence in front of his home at 6201 Seashore Drive, Newport Beach, until the widening project on Seashore Drive takes effect, was presented. Public Works Director commented. 8 The request was denied, Mr. Pieper to be so advised. Motion x Ayes xxx xxx .c-ry 6. A memorandum received July 8, 1965 from the City a Librarian regarding gifts to Library, was presented. The gifts were accepted. Motion Ayes xxx xxx i5 It was directed that letters of appreciation be written. 7. The following communications were ordered filed: Motion x Ayes xxxx x tad (a) A letter dated July 7 from Frank Jordan, Noes x Executive Secretary of Corona del Mar Chamber '_dmc of Commerce, regarding the proposed Inland Corridor Route of the freeway and the freeway 9 in Corona del Mar. d & (b) A letter dated June 8 from Mrs. Charles (Adele) `='' -c Perrin, 3404 West Balboa Boulevard, regarding ie1boa the tram and traffic in Balboa. 14 Frank Jordan, Arvo Haapa and Dr. Bechtel spoke from .24 the audience regarding the proposed freeway routes. ayor ATTEST: a^_ A-L xi ` Cit Clerk I I Page 8 4. A letter dated July 2, 1965 and bearing ten signatures ,'son o of residents on Kings Road protesting the "recent CITY OF NEWPORT BEACH COUNCILMEN Volume 19- Page 9 �oNrc�o yi 2 0 m O a% Index Julv 12. 1965 N r a p F= 7 ;Ims �-O:' 8. The following Claims for Damages were denied, and Motion x imgc the City Clerk's referral of the matters to the insuranc Ayes x x x 3 carriers was confirmed: 'hcm» (a) Claim for damages of Mrs. Anne P. Thomas, 1900 Leeward Lane, Newport Beach, alleging a City garbage truck backed into her car on " 15th Street at Modena Avenue ", Newport Beach, on July 2, 1965. )even (b) Claim for damages of Antoinette Deventura, 14003 E. Lanning Drive, Whittier, California, alleging a City truck struck her car on Coast Highway, ,A-84 Newport Beach, on June 1, 1965. ADDITIONAL BUSINESS: 1. Regarding an Application for Use Permit before the :0 'ILy Planning Commission regarding the County Dock Lease )Ock the Planning Department was instructed to return the Motion x fee and not accept the Application at this time and in- Ayes x x x form the applicant that, because the City has an inter- est in this property, the Council must review the matter before any such application is made; and further, the Building Department was instructed to acquaint itself with the building specifications under the lease terms and follow them strictly. 'ed? bs 2. PEDICABS: c The recommendation of the City Manager that the application of Mel Osterhoudt to rent pedicabs on Balboa Island would come under special license Motion provisions of Section 6110. 3, was approved. Ayes x x x ,.� A discussion was had. Mel Osterhoudt spoke from the audience and stated he would use the pedicabs on Balboa Islandonly) but not on Marine Avenue. Because of the experiences had in connection with traffic on Balboa Island, and in the interest of public safety, health and welfare, the verbal request to rent Motion :L-99 pedicabs was denied. Ayes x x x 3i K. ayor ATTEST: Citt Clerk Page 9 x x C C CITY OF NEWPORT BEACH COUNCILMEN Volume 19- Page 10 A Z O O A O O Y m m O G Y Index y Jul 12 1965 xi , 3. In connection with the establishment of a temporary 0r`. ?nifil parking lot at 26th Street and Newport Boulevard, the City Manager was authorized to take the following Motion x action: Ayes x x x x x x (a) Execute a lease agreement with Edker Pope pro- viding for the use of his property as a city parking lot, the terms of the lease to be in accordance wit the proposal contained in the report of the Parks, Beaches and Recreation Director dated July 8, 1965. (b) Use City Forces to improve the parking lot to the standards suggested in the report of the Parks, Beaches and Recreation Director. (c) Establish parking control on the lot on weekends and holidays and establish appropriate parking fees for the use of the lot. COMMUNICATIONS - ADVISORY: 1. The following communications were ordered filed: Motion x Ayes xx xx xx (a) Letter dated July 1, 1965 to Municipal Court from Bill Losch of Huntington Beach, with copies sent �Q to Chief of Police, the Mayor, City Council, all of Newport Beach; and the Attorney General, State of California and Civil Rights Attorney for Cali- fornia, protesting a parking ticket given on Newport Boulevard. (b) Letter received July 8, 1965 from James Riddle, -03 2233 Bayside Drive, stating that his family has lived in Newport area for just one year and "we ' e have consistently remarked about the fine com- munity which we are fortunate to be a part. I feel that the policies which support this attitude are a tribute to the members of the Council." (c) Letter dated June 28, 1965 from James Mussatti, Chairman of the Citizens Committee for Balanced Legislative Representation, regarding Senate °'off Joint Resolution No. 2, an Amendment to the Constitution of the United States which will permit the majority of voters in any state to determine whether one house of their legislature will be based on factors other than population. i Mayor ATTEST: Pity Plerk paw 10 xi v L CITY OF NEWPORT BEACH Volume 19- Page 11 Index July 12, 1965 COUNCILMEN s a C' ° 0 9 m m o o v sion of the State of California, of Pacific Tele- (d) Application, before the Public Utilities Commis- sion of the State of California, of Pacific Tele- phone and Telegraph Company for authority to -g( file and make effective rates for extended resident two - party line message rate service and withdraw the offering of extended residence four -party line flat rate service in the Anaheim, Brea, Buena Park, Capistrano Valley, Fullerton, Newport Beach, Orange, Placentia, and San Clemente exchanges. (e) Report from Alan Cranston, State Controller, regarding Motor Vehicle License Fee Fund, further presenting a Summary of Apportionments .° 5g of Motor Vehicle License Fees for the period June 1, 1964 through May 31, 1965; indicating an increase of population in the City of Newport Beach of 3550; indicating Motor Vehicle License Fees Apportionment to Cities, specifically Newport Beach net June payment - $46, 654. 22. (f) FREEWAY: (1) Letter dated July 1, 1965 from Robert T. Martin, Assistant Secretary, California A -69 Highway Commission, regarding receipt of Resolution No. 6168 and stating that the Commission has asked the State Highway Engineer to make a study of this routing for report back. (2) Letter dated June 23, 1965 from A. J. Cooper, Secretary, California Highway Commission, °r^,9 regarding Resolution No. 6168 and stating that it will be brought to the attention of the California Highway Commission. (3) Copy of Resolution adopted by Board of Super- visors on June 23, 1965, endorsing the new =p9 freeway alignment proposed by the City of Newport Beach. (g) Notices from Local Agency Formation Commis- sion regarding review of the following proposed 01 �$ annexations at 2:30 P. M. on July 21, 1965: (1) Proposed annexation to the City of Costa Mesa (Victoria Street Annexation located westerly of Canyon Drive and southerly of Victoria Street. ) Mayor ATTEST: C n City Cler Page 11 Index C_ °iO3 C1-7C 00 C. -53 C:,°99 C °53 C:: °59 CITY OF NEWPORT BEACH Volume 19- Page 12 r.n__ io inL❑ COUNCILMEN s c 0, O � K (2) Proposed annexation to the City of Costa Mesa (Paularino No. 9 located westerly of Newport Avenue in vicinity of Paularino, Bear and Gisler Avenues.) (3) Proposed annexation to the Costa Mesa Sani- tary District (Engineer's No. 95 located in Berry Tract southerly of Baker Avenue and lying within the Sanitary District.) (4) Proposed annexation to the City of Costa Mesa (Pacific Avenue Annexation located easterly of Santa Ana River and northerly of Victoria Street. ) (h) Notice from the National Rivers and Harbors Con- gress, Washington, D. C. , of the designation of Dana Point Harbor as a project "Division I - Endorsed ". (i) Copies of Agenda of the Board of Supervisors' meetings held June 29, 30, July 6 and 7, 1965. (j) Letter dated June 25, 1965 from Harry A. Faull, President of the Southern California Rapid Tran- sit District. (k) News Letter dated June 30, 1965 from the desk of Supervisor Alton E. Allen. (1) Letter dated June 16, 1965 from Hugo H. Winter, Coordinator of the Metropolitan Transportation Engineering Board regarding tentative State Highway Projects recommended for the 1966 -67 Budget. 2. The following communications were ordered filed: Motion x Ayes x xxx xx (a) Applications for Alcoholic Beverage License: (1) New on -sale beer at 810 East Balboa Boule- vard, Balboa, by John Gruick. (2) New off -sale beer and wine, Marine Sales and Service, Inc., at Arches and 101 Highway Newport Beach, by Marine Sales and Service, Inc., John L. Broughton, President. (3) Transfer, person to person, on -sale beer and wine (public premises), The Tiki, 3208 West Coast Highway, Newport Beach, from June A. Klingler to Robert T. Day, Roberta J. George, and Robert E. Montgomery. ayor A TEST: S` �S 8C Clerk Page 12 K Index W C .-66 11 July 12 CITY OF NEWPORT BEACH COUNCILMEN Volume 19- Page 13 0 yA � r G C1 O 00 1965 , (4) New on -sale general for boat, aboard "Island Holiday" plying between Newport Beach and Avalon, Catalina, from 400 Main Street, Balboa, by Davey's Locker, Inc. (5) New Type 20 off -sale beer and wine, Safeway Store at 1000 Bayside Drive, Newport Beach, by Safeway Stores, Inc. (6) Transfer, person to person, on -sale beer and wine (public premises), Jolly's Tap Room, 700 East Bay Street, Balboa. (7) New on -sale beer (for a fishing party boat) for boat "Sport ", 632 Lido Park Drive, by Davey "s Locker, Inc. (b) Letter dated June 29, 1965 from Wilson, Jones, Morton & Lynch, Attorneys at Law, of San Mateo, regarding S. B. 687 which would require each public agency to pay compensation to public utilities (including mutual water companies) for any loss of value to the utility by the public agency serving water within the utility's service area. (Matter had been referred to Legislative Committe a Mayor Gruber stated that the regularly scheduled Study iession for July 19, 1965 would not be held. The meeting was adjourned at 11:05 P. M. Motion x Ayes x xxx xxx ayor ATTEST: Ci ly Clerk Page 13