Loading...
HomeMy WebLinkAbout08/28/1967 - Regular Meetingl.trs of re eme Beach .9 CA 49 CA 181 CA 83 CA 70 CA 83 CA 54 CA 83 CA 53 CA 83 CITY OF NEWPORT BEACH Volume 21 - Page 45 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: Augu'st:,2$, 1967 Time of Meeting: 7:30 P. M. Place of Meeting: Council Chambers Roll Call: The reading of the Minutes of the Regular Meeting of August 14, 1967 was waived, and said Minutes were approved as written and ordered filed. With the consent of the Council, Councilman Rogers brought up the matter of the recent sandbagging operation. He stated that the sandbagging operation was an outstanding effort of coordination by both individuals and various agencies throughout the County. In recognition of the outstanding response to the emergency situation, the City Manager was directed to send letters of commendation to all City departments involved, expressing the Council's pleasure in their outstanding performance, and also to draft separate resolutions of commendation and gratitude as follows: 1. A resolution of commendation for Mr. Jacob Mynderse, General Services Director of the City of Newport Beach. 2. Separate resolutions of gratitude to the following: (a) Orange County Harbor Department, with special reference to: Captain Al Oberg, Harbor Master Mr. Don Adams Mr. Allen Silver (b) Orange County Flood Control District, with special reference to: Mr. Otis B, Schooley Mr. Vern Stephan (c) Orange County Communications (d) Orange County Forestry Service (e) Orange County Chapter of The American Red Cross (f) California State Division of Forestry, with special reference to: Mr. Claude Lewellan, Assistant State Forester ATTEST: r Page 45 yor Present Absent Motion Ayes Absent Motion Ayes Absent COUNCILMEN a ro v .pi, N ff A 0 CITY OF NEWPORT BEACH Volume 21 - Page 46 Index August 28, 1967 40 (g) The Don Lugo Conservation Camp CA 83 (h) City of Costa Mesa, with special reference to: Mr. Harley Bogart, Street Superintendent Mr. Carl Bogart, Senior Equipment Operator Foreman (i) El Toro Marine Base, with special reference to: Lt. Col. Joseph Pultorak Master Sgt. Mason (j) All the unnamed volunteers of all ages, resident and non - resident, whose spirited contribution insured the success of the operation. HEARINGS: Pub hrg• 1. Mayor Gruber opened the public hearing pursuant to Section 21107.5 of the California Vehicle Code to determine whether the provisions of the California vve Calif, eh. Code Vehicle Code should be made applicable to certain - ;- Ilicable private streets located in the City of Newport Beach _. Center within Newport Center, to wit: Newport Center Drive, private Newport Center Drive East, Newport Center Drive Ruads. West, Santa Cruz Drive, Santa Rosa Drive and San Joaquin Hills Road A letter from The Irvine Company dated August 24, 1967 requesting application of California Vehicle _® 162 Code provisions on Newport Center streets and waiving the 10 -day notice requirements was presented with a memorandum from the Public Works Depart- ment dated August 28, 1967 regarding Newport Center traffic regulations. Mayor Gruber asked if anyone desired to be heard. No one spoke from the audience. The hearing was closed. Motion Ayes Absent ayor ATTEST: City Clerk Page 46 COUNCILMEN x X x x x x CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 47 s F OD v A c Y T O Y kit August 28, 1967 Index 'A The following resolutions were adopted: Motion Roll Call: K-6631 (a) Resolution No. 6631 finding and declaring that Ayes N x x Vyt °Center certain private roads open for public use in the Absent x x Cr 6015 :A 114 Newport Center area of the City shall be subject :A 162 to the traffic regulations contained in the California g :A 23 Vehicle Code. i -6632 (b) Resolution No. 6632 designating through streets. rr 6015 2. Mayor Gruber opened the public hearing in connection ?ub. hag with Ordinance No. 1226, being, )-1226 AN ORDINANCE OF THE CITY OF NEWPORT Dist Map 4 BEACH REZONING PROPERTY AND AMEND- ING DISTRICT MAP NO. 4, Planning Commission Amendment No. 233, application • by Dr. Jack T. Monroe requesting that Districting Map No. 4 be amended to change the zone of a portion of Lot 4 and all of Lot 5, Tract 1117, located at 3355 Via Lido from a C -1 -H to a C -O -H District. mp 10 Planning Director Ernest Mayer, Jr. reported on the findings of the Planning Commission. Mayor Gruber asked if anyone desired to be heard. No one spoke from the audience. The hearing was closed. Motion x Ayes x x x s With the unanimous consent of the Council, Mayor Absent x x Gruber stated that the further reading of the ordinance was waived. Ordinance No. 1226 was adopted. Motion x Roll Call: Ayes x x x x Absent x 1\ or ATTEST: 6 ity Clerl Page 47 G] bo V ffi Cj Ra MA C1 CITY OF NEWPORT BEACH Volume 21 - Page 48 Index August 28, 1967 COUNCILMEN `; SX 11o`c • ORDINANCES FOR INTRODUCTION: •1230 1. Proposed Ordinance No. 1230, being, AN ORDINANCE OF THE CITY OF NEWPORT :ash :quiremene BEACH AMENDING SECTION 7. 04. 020 OF THE it dogs NEWPORT BEACH MUNICIPAL CODE RELATING TO LEASH REQUIREMENTS FOR DOGS. A memorandum from the City Attorney dated August 17, 1967 was presented. 142 Ordinance No. 1230 was introduced and passed to Motion x second reading on September 11, 1967. Roll Call: Ayes x xx xx Absent x x Aistrictirig 2. A proposed ordinance, being, AN ORDINANCE OF THE CITY OF NEWPORT ,u BEACH CHANGING AND REDEFINING THE 165 BOUNDARIES OF THE COUNCILMANIC DISTRICTS OF THE CITY, replacing and superseding all prior district numbers Motion x and boundaries, was diaried for the meeting of Ayes x x x x x September 11, 1967. Absent x x ORDINANCES FOR ADOPTION: 1227 1. Ordinance No. 1227, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 12. 24. 050 AND 12.24.06o OF THE NEWPORT BEACH MUNICIPAL CODE AND ADDING SECTION 12. 24. 055 TO SAID IS CODE RELATING TO DECREASING PRIMA FACIE SPEED LIMITS, 18 changing Jamboree Road speed limit to 55 miles per hour between East Coast Highway and Ford Road, was presented for second reading. With the unanimous consent of the Council, Mayor Gruber stated that the further reading of the ordinance was waived. Ordinance No. 1227 was adopted. Motion x Roll Call: Ayes x x x x x ayor Absent x x ATTEST: t City Clerk Page 48 i Index • -1228 107 . -12Z9 63 • aakwa -y -ue plantar - =_fic. u 49 158 CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 49 28, 1967 2. Ordinance No. 1228, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING CHAPTER 3.18 OF THE NEWPORT BEACH MUNICIPAL CODE ENTITLED "CIGARETTE TAX ", was presented for second reading. With the unanimous consent of the Council, Mayor Gruber stated that the further reading of the ordinance was waived. Ordinance No. 1228 was adopted. 3. Ordinance No. 1229, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 5.04. 220 AND REPEALING SECTION 5. 08. 060 OF THE NEWPORT BEACH MUNICIPAL CODE AND ADDING CHAPTER 10. 18 TO SAID CODE RELATING TO FORTUNE TELLING AND SIMILAR ARTS, was presented for second reading. With the unanimous consent of the Council, Mayor Gruber stated that the further reading of the ordinance was waived. Ordinance No. 1229 was adopted. CONTINUED BUSINESS: 1. A letter from the Parks, Beaches and Recreation 9 Commission dated August 17, 1967 regarding proposed amendments to the City specifications relative to parkway tree installations was presented. Parks, Beaches and Recreation Director Cal Stewart presented a staff report. The recommendations of the Parks, Beaches and Recreation Commission regarding parkway tree planting specifications were approved.. Mayor • ATTEST: City Clerk a Page 49 Motion x Roll Call: Ayes x x x Absent x x Motion Roll Call: Aye s Absent Motion Aye s Absent X K X X X X1 Index 19 Or. County Joint Pone Agreement Tustin Ave frm Univer: ty Dr -Pali ales Rd. R -6633 C -1144 CA 29 28th St prkg lot C-106 CA 21 Street name chg request Rudder R 1°Beacon CA 27 C -505 Or 410 Water Dist auth repr City in ;water litigation R -6634 CA 12 CA 169 • CITY OF NEWPORT BEACH Volume 21 - Page 50 August 28, 1967 CURRENT BUSINESS: 1. A memorandum was presented from the Public Works a Director dated August 28, 1967 regarding cooperative agreement with Orange County for the improvement of Tustin Avenue from University Drive to Palisades Roa S- s- Resolution No. 6633, authorizing the execution of a joint powers agreement with the County of Orange for the improvement of Tustin Avenue from University Drive to Palisades Road, was adopted. 2. A memorandum was presented from the Public Works Director dated August 28, 1967 regarding Newport Boulevard parking lot between 28th Street and 30th Street. The plans and specifications were approved and the City Clerk was authorized to advertise for bids to be opened at 10:00 A. M. on September 14, 1967. 3. A memorandum was presented from the Planning Commission dated August 28, 1967 regarding request of Beacon Bay Community Association to change the street name of Rudder Road for its entire length to u "Beacon Bay. " Planning Director Ernest Mayer, Jr. presented the findings of the Planning Commission. Allan Beek spoke from the audience in favor of the name change. The matter was referred back to the Planning Commission for evaluation of the possibility of having all the homes in Beacon Bay go by a number in Beacon Bay rather than by a street number, similar to the procedure used in Emerald Bay. 4. A letter addressed to the City Clerk from the Orange County Water District dated July 13, 1967 regarding litigation involving water rights in the Santa Ana River System was presented. Resolution No. 6634, authorizing the Orange County Water District to represent the interests of the City of Newport Beach in litigation involving the determina- tion of water rights in the Santa Ana River System, was adopted. ATTEST: City Clerk Mayor Page 50 COUNCILMEN Motion Roll Call: Ayes Absent Motion Ayes Absent Motion Ayes Absent Motion Roll Call: Aye s Absent X x Xi x A X CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 51 s Index August 28, 1967 • 5. A resolution fixing the tax rate and levying a tax within Tax Rate the City of Newport Beach and levying a special assess- ment tax was considered. Parsons ltr Mayor Gruber stated that he had received a communica- rs tax rate tion from Councilman Parsons that day with the request that it be read into the record. Mayor Gruber read the letter in full. Said letter stated that he could not con- cede the necessity of raising the tax rate to pay for an emergency improvement for the benefit of the absentee ..A 107 landlords of West Newport beach and he appealed to the Council to hold the line. A discussion was had. Councilman Marshall made a motion to restore to the Motion x Budget $70, 000 for the annual sewer main replacement program and $11, 500 for the reconstruction of the bulkhead and groin at "N" Street beach, to take $23, 380 for the sandbagging operation from the Unappropriated Contingency Reserve Fund, and to delete the following Capital Improvement Projects from the Budget: $4, 000 for a study of the oil and gas seepage in West Newport, $11, 000 from the Annual Street and Alley Reconstruc- tion Program, $11, 000 for traffic counters and $13, 000 for West Newport restrooms; and to set the tax rate at $1.1746. Mr. William Martin spoke from the audience and opposed a raise in the tax rate. A discussion was had. A vote was taken on Councilman Marshall's motion, Ayes x x which motion failed to carry. Noes Abstain x iAbsent x J, Councilman Rogers made a motion to set the tax rate at $1. 18, approving the same additions and deletions as contained in Councilman Marshall's motion but with an additional $10, 000 being put into the Unappropriated Contingency Reserve Fund, which motion was withdrawn. Based on the additions and deletions stated in Motion x Councilman Marshall's previous motion, the tax rate Ayes x x x was set at $1. 175. Absent x 3 With the unanimous consent of the Council, Mayor Gruber stated that the further reading of the resolution was waived. Mayor ATTEST: i4A City Clerk Page 51 i X1 CITY OF NEWPORT BEACH Volume 21 - Page 52 August 28, 1967 COUNCILMEN s A g A O T Resolution No. 6635, a resolution of the City Council of the City of Newport Beach fixing the tax rate and levying a tax upon all of the taxable property within the City of Newport Beach which is taxable therein for municipal purposes and levying a special assessment Motion x tax upon the taxable property located within Assessment Roll Call: District No. 50 (Balboa Island Street Lighting Ayes x x x District), was adopted. Absent x (�. A memorandum was presented from the Public Works Director dated August 28, 1967 regarding sand replenishment of West Newport beach, Third Contract, 1967 (C- 1142). Councilman Marshall made a motion to authorize an Motion x increase of 25,000 cubic yards in the contract, making a total of 125, 000 cubic yards, and to authorize the City Manager to allow the sand haul contractor to work until 12:00 noon on Saturday, September 2, 1967 if it would enable the contractor to complete the sand haul project by that time; decision to be left to the City ' Manager and to be based on conditions existing at the time in question. Inherent in such authorization was the right to allow the contractor to continue working Saturday afternoon to dress up the excavation area if it was deemed appropriate and in the best interest of the City and beach front area. Mr. Al Hertz, president of the Old Town Business Association, spoke from the audience in opposition of the contractor being allowed to haul sand Saturday morning. Mrs. Roy Bates spoke from the audience and was given assurance that the contractor would not be back on the job Tuesday if he worked Saturday morning. • discussion was had. • vote was taken on Councilman Marshall's motion, Ayes x x x which motion carried. Absent x APPLICATION FOR HARBOR PERMIT: 1. A memorandum was presented from the Public Works Director dated August 28, 1967 regarding Harbor Permit Application No. A -1500 of John Griffith to construct a groin along west property line at 1903 East Bay Avenue, Balboa. ' Mayor ATTEST: City Clerk (` Page 52 it x x CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 53 ?. ` In Index August 28, 1967 m p Y A x p f °y • 11pt Nat'l Bank req dedicate easement to City ::A 154 • =1ms for 84 xy =Alan ishing tackle Mfg • `aubb AtI pp x x L4 { Harbor Permit Application No. A- 1500 was approved, Motion subject to the condition that the groin be constructed of Ayes x x concrete to a design approved by the Public Works Noes x x Director. Absent x x Councilman Rogers made a motion that the City recognize the existence of the non - conforming pier and float at 1903 East Bay Avenue, which motion was withdrawn. COMMUNICATIONS - REFERRALS: 1. A letter from Attorney William H. Eilers dated August 22, 1967 stating that the Newport National Bank is desirous of constructing a branch facility at the corner of Placentia Street and Superior Avenue and requesting the City to accept a hold - harmless agree- ment, dedication and easement in connection with an Motion x underground drainage pipe on said property was re- Ayes x x x x ferred to the staff for report. Absent x 2. The City Clerk's referral of the following claims for Motion x damages to the insurance carrier was confirmed: Ayes x i x x x Absent x x (a) Claim of Nancy Jo Pry for broken windshield allegedly caused by ball thrown in a Boy's Club baseball game which was being played on Horace Ensign School grounds. (b) Claim of Jiro Okazaki for damage to his car allegedly caused when it was involved in an accident with a Newport Beach Police vehicle. (c) Claim of Axelson Fishing Tackle Mfg. Company for removal of dirt, replacement of sod, etc. at their place of business at 1559 Placentia Avenue, alleging it was necessitated because of the improvement work done on Placentia. (d) Claim of Inter- Insurance Exchange of the Auto Club of Southern California as subrogee of Esten and Gloria Grubb and of Esten and Gloria Grubb for their $100 deductible interest for damage to their car allegedly caused when struck by a City garbage truck. (e) Summons, Complaint and Declaration of Assignment of Eugene Yatlee and Catherine Yatlee vs. City of Newport Beach, C. E. Hurley Contracting Corporation and Does One through Five, Case No. 914218 in the Superior Court. ayor ATTEST: s City Clerk Page 53 i x x L4 { CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 54 Index August 28, 1967 s A • 3. A letter dated August 18, 1967 from Gail P. Smith, ?rotest 132 Via Ithaca, objecting to a commercial Union 76 :ommercial sign obstructing the view from the Newport Boulevard Motion x Sign :A 103 bridge looking down to the Bay, was referred to the Ayes x x x :A 37 staff for report. Absent x 4. A letter from J. T. Mace dated August 15, 1967 stating he has been working as an ice cream vendor this summer,, has received thirty citations, and requesting permission to appear before the Council, was presented. Mr. John Mace spoke from the audience and recom- ,A 22 mended special loading zones where ice cream trucks could park. Ray S. Martin spoke from the audience and opposed ice cream trucks in the City. • 5. A letter addressed to Public Works Director Joseph Devlin from the State Division of Highways dated )iv. Hivays August 4, 1967 requesting execution of a proposed Ltr re freeway agreement between the State and the City of .toute 1 Newport Beach covering the Route 1 Freeway, between Rrwy Orchid Avenue and Bayside Drive; and covering the Route 73 Freeway, between the Route 1 Freeway and A 69 0. 4 mile northerly of the Route 1 Freeway, with attachments of copy of Department of Public Works policy re advertising displays, a sample copy of an Motion ordinance regulating outdoor advertising displays, and Ayes x x x copy of subject agreement, was referred to the staff. Absent x ADDITIONAL BUSINESS: "ix Traffic 1. The matter of appointments to an Air Traffic Advisory "a:isory Committee, which had been diaried on August 14 for =m�e September 11, 1967, was considered at this time. Resolution No. 6636, establishing the Air Traffic Motion -6 6 Advisory Committee and designating basic guidelines Roll Call: 60 for the operation and functions of said Committee, was Ayes x x x _m 135. adopted. Absent x Mayor Gruber nominated the following as members of the Committee: Jack W. Mullan, Temporary Chairman George Roberts Douglas H. Harris Carl M. Stromberg, Jr. Wilmer "Bill" Hall The nominations of Mayor Gruber were approved, and Motion the above were appointed as members of the Air Ayes x x x Traffic Advisory Committee,.-.— Absent x . ATTEST: :, ayor City Clerk Page 54 Index C/o Forg resigns Or. Co. San. Dist CA 34 CA 135 C /man Roge appt'd Alt nir San Di; a.nv_._pvm_ti on 59 • (Moden) -6637 108 • 102 CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 55 August 28, 1967 2. Councilman Forgit's request to be relieved as alternate director on Orange County Sanitation Districts 5, 6 and 7 was granted with regret and the Council expressed Motion its appreciation for his devoted service to that activity Ayes x and for his representation of the Council. Absent x Mayor Gruber nominated Councilman Howard Rogers as alternate director for Orange County Sanitation Districts 5, 6 and 7 and to answer the roll on District 7. The nomination of Mayor Gruber was approved and Motion Councilman Rogers was appointed as alternate Ayes x director for Orange County Sanitation Districts 5, 6 Absent x and 7. 3. Annexation No. 59 (Moden): Councilman Rogers made a motion to adopt a resolutio regarding consent to commence annexation proceedings and then amended said motion to include the receipt and filing of the Planning Commission Report, and the following action was taken: The report from the Planning Commission dated August 28, 1967 regarding an Unincorporated Urban Area Study - Moden Area was received and ordered filed; and Resolution No. 6637, consenting to the Motion x commencement of annexation proceedings pursuant Roll Call: to the Inhabited Territory Annexation Act of 1913 to Ayes x be known as Annexation No. 59, was adopted. Absent x BUDGET AMENDMENTS: 1. The following budget amendments were approved: Motion Ayes x C -17, $115 decrease in Unappropriated Surplus, Absent x Library and an increase in Budget Appropriations, Library to provide for an increase in Appropriations due to the 1� State Sales Tax increase. C -18, $135 decrease in Unappropriated Surplus, Water and an increase in Budget Appropriations, Water to provide for an increase in Appropriations due to the 1� State Sales Tax increase. C -19, $410 decrease in Unappropriated Surplus, Park and Recreation and an increase in Budget Appropria- tion, Park and Recreation for an increase in Appropriations due to the 1� State les Tax increase. Vvlayor ATTEST: i City Clerk Page 55 x x X x K C i CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 56 s 1 c A Z G h p f m Index August 28, 1967 is C -20, $6475 net increase in Unappropriated Surplus and an increase in Budget Appropriations and in Revenue Estimates to provide for an increase in Appropriations due to the 1� State Sales Tax increase and the net increase in Revenue resulting from adjusting Fines & Fees, Cigarette Tax, and the (Accelerated) Sales Tax. C -21, $21, 738. 56 transfer of Budget Appropriation to return to Unappropriated Contingency Reserve unused portion of amount appropriated for West Newport groins. 2. The following budget amendment was tabled. Motion Ayes x x x x C-16, being a $2000 net increase in Unappropriated Absent x x Surplus and a decrease in Budget Appropriations for • the emergency sand haul contract (C -1142) approved by Council at meeting of August 14, 1967; $81, 500 from Budget Appropriations to Unappropriated Surplus; $79, 500 Unappropriated Surplus to Budget Appropriations, Sand Erosion Control. COMMUNICATIONS - ADVISORY: i 1. The following communications were ordered filed: Motion x Ayes x x x x (a) League of California Cities Legislative Bulletins Absent x x 55 dated August 4 and 7, 1967. a 53 (b) Agenda of regular meetings of the Orange County Board of Supervisors held August 15 and 22, 1967. (c) Matters before the Public Utilities Commission: (1) Application No. 49603, The Cray Line Tours • Company for authority to increase rates for :® 36 passenger fares for its services covered by local passenger tariffs, California Public Utilities Commission Numbers 19 and 20. (2) Case No. 8664, investigation for the purpose of establishing a list for the year 1968 of railroad grade crossings of city streets or county roads most urgently in need of separation, or existing separations in need of alteration or reconstruction as contem- plated by Section 189 of the Streets and Highways Code. ATTEST: K4ayor A • �)bc44 4,4 . City C1eYk Page 56 i U x X CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 57 s A q P Index August 28, 1967 • CA 37 CA 49 ISTM- W : CA 63 • 0 (d) Miscellaneous post cards objecting to the closing of the beach in connection with the current sand replenishment project from the following,: Jeanne, Julie, Dana and Laurie Bittner, Sue, Skip, Janie and April Babbitt, and Deedee Brock; and a letter also objecting to sand haul from Calvin Rohrs. (e) August, 1967 issue of the Orange County Press Club Reporter. (f) Letter from Joanne Presents, Pico Rivera, relative to business license renewal. The meeting was adjourned at 11:00 P. M. Motion Ayes x x x Absent x x ayor ATTEST: rf o 4" City Cler Page 57 I I