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HomeMy WebLinkAbout06/20/1960 - Adjourned Regular MeetingAir MW Imprs compl CdM B C -657 0 T Wes Jay resig tion Civil Board CA -85 Nominee Civil Service •Bd CA- Var. 596 h cons. CA -13 Corona del Mai CA -7.4 Gartz tele CA -79 CITY OF NEWPORT BEACH Page 260 - Volume 13 Minutes of ADJOURNED REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: June 20, 1960 Time of Meeting: 8:00 P.M. COUNCILMEN yc 9�, pQQQpQ� 1P 1N T`TOn. a_a z Wi sac .4&5 6 vLLaauvcac Roll Call: Present ,x x x x x x Absent COMMUNICATIONS: 1. Agenda Item B -1) A letter was presented from ,leger, Blurock, Hougan and Ellerbroek, recom- mending the acceptance of the work of David ed Young Builder, Inc., for the construction of im provements at the Corona del Mar State and City Beach Park; submitting a change order which will_ give a credit in the amount of $265 to the City• �? recommending that a Notice of Completion be filed. Similar recommendations from the City s` Manager and the Public Works Director were also presented. Councilman Kingsley joined the meeting. The final change order was approved; said work of David Young Builder, Inc., was accepted; the surety bonds were ordered released; and the City Clerk was directed to file a Notice of Motion x Completion. All Ayes 2. (Agenda Item B -2) A letter was presented from T n Weston Jay, stating that he does not wish to be considered for reappointment on the Civil Serv- - ice Board as business obligations prevent his devoting the time necessary. Said letter was ordered filed, the Mayor was re Motion x quested to write a letter of appreciation to Mr All Ayes Jay for his services, and it was directed that Certificate'of Appreciation be forwarded to Mr. Jay. 3. (Agenda Item B -3) A letter was ordered received Motion x s from the Newport Beach Fire and Police Protec- All Ayes tive League, submitting the five nominees of the classified employees, for consideration in fill- ing the Civil Service Board vacancies effective 5 July 1, 1960, to wit: Messrs. Edward T. Healy, Ralph R. Randell, Ed Zube, James P. Devine, Robert A. Schwamb. 4. (Agenda Item B -4) A letter was presented from L C. Minium, requesting that the hearing on his appeal, regarding Variance No. 596, be held at time subsequent to July 15. The letter was ordered received and it was di- Motion x rected that the hearing be continued to July 25 All Ayes 1960, when the matter comes before the Council on July 11. 5.. (Agenda Item B -5) Letters were presented from the following, protesting the removal of benches in Corona del Mar: Henriette Lindsey, Fred Olson, R. G. McTavish. Said communications were Motion x ordered filed. All Ayes 6. (Agenda Item B -6) A telegram was ordered filed Motion x from Gloria Gartz, expressing appreciation to All Ayes n the Mayor and the Counc for cooper o h the Balboa Island Impro!mgnt Assoc* ATTEST: r S Page 260 L;3-1!y c:l.1erx j Index Private piers CA -41 Newport Heights library CA -65 Auditi servic 6112 Claim for D CA -84 MWD Report CA -12 Crossin€ Guard Dover & CA- Lido Sands streets CA -29 Amended Water Supply Permit CA -12 CA -134 �1 lJ CITY OF NEWPORT BEACH Page 261 - Volume 13 (-Tuna 20. 19h01 COUNCILMEN \ia� _- 7. (Agenda Item B -7) A letter from Nedda Hartwell to the Harbor Master, copy to the City Council, regarding benches and railings around private piers at the Grand Canal, was referred to the Motion x City Manager for proper action. All Ayes 8. (Agenda Item B -8)- A letter was presented from Leon Ware, Chairman of the Board of Library Trustees, requesting the Council's permission to proceed with the preliminary sketches for the proposed branch library in Newport Heights, Mr: Herb Riley as architect. Mrs. Dorothea Sheely, City Librarian, spoke from the audience. The matter was deferred until the City has clear Motion x title to the property. All Ayes 9. (Agenda Item B -9) A letter was presented from Ira N. Frisbee & Co., proposing an agreement for auditing services for the year ending June 30, 1961. The City Attorney was instructed to pre- pare a contract accepting the proposal as pre - Motion x sented by Ira N. Frisbee & Co. All Ayes 10.(Agenda Item B -10) The verified claim for dam- ages of James L. Orstad, received by the City Clerk on June 13, regarding an accident which occurred on June 8, 1960,,involving a City car, was presented. Said claim was denied and the City Clerk's action, in referring the matter to the insurance Motion x carriers, was confirmed. All Ayes ll.(Agenda Item B -11) A report from the Metropoli- tan Water District, dated June 14, 1960, was Motion x presented and ordered filed. All Ayes 12.A letter from the Mariners Community Association requesting that sufficient funds be placed in the budget to provide for a crossing guard for cs school children at the intersection of Dover and 3 Mariners Drive, was referred to the City Manager Motion x for report back to the Council if necessary. All Ayes Mr. Charles Colesworthy spoke from the audience. 13.A letter was presented from Sandy F. MacKay, protesting "the petition being circularized for the purpose of extending through all streets ad- jacent to Lido Sands and extending across Pacific Electric right -of -way towards Seashore.' The letter was referred to the Planning Motion x Commission. All Ayes 14.An Amended Water Supply Permit for the City of Newport Beach, dated June 14, 1960, from the State of California, Department of Public Health, Bureau of Sanitary Engineering, covering the operation and use of the Big Canyon Reser- Motion x voir, was referred to t��y City Manage ' /�v' A Ayes / ATTEST: M Mayor ow City Clerk Page 261 CITY OF NEWPORT BEACH COUNCILMEN Page 262 - Volume 13 v Z AZT u,N OO Index (J 20 1960 Cra sid CA- Ord CA- R 5 CA- CA- CA- Dov Dri 0 imp. CA- Stoll sigi 33d Lakl den: CA -. Uni: mit, C odi CA -. 0 t;acy t.lerKj une ADDITIONAL BUSINESS: 1. (Agenda Item C -1) The City Manager reported that ck d his investigation of the cracked sidewalk on ew lk Balboa Island in front of the premises of David 30 J. Malloy, 211 Grand Canal, had revealed that an unidentified person had caused the damage and that if the City is unable to ascertain the guilty person, the City will repair the damage. The report of the City Manager was accepted. Motion x All Ayes 2. (Agenda Item C -2) Ordinance No. 921, being 921 AN ORDINANCE OF THE CITY OF NEWPORT BEACH 72 REPEALING CHAPTER 4 OF ARTICLE V OF THE NEWPORT BEACH MUNICIPAL CODE AND ALL SECTIONS CONTAINED IN SAID CHAPTER 4 AND ENACTING SECTIONS 52012 5203, 5203.1, 5204, 5206, 5207, 52082 5208.1, 5208.2, 5210, 5211, AND 5212 RELATING TO REFUSE AND GARBAGE COLLECTION, (incorporating the initiative ordinance adopted by a vote of the people on June 2, 1959, effec- tive June 19, 1959, under Section 5212), was presented for second reading. Ordinance No. 921 was adopted. Motion x Roll Call Ayes x x x x x 3. (Agenda Item C -3) Resolution No. 5251, amending 251 Resolution No. 5236 and approving Drawing No. 128 L -2950 (substituting said drawing for Drawing 113 No. 126 -2931, in order to show more accurately Motion x 29 Precise Plan No. 5 of the Street and Highway Roll Call: Unit of the Master Plan), was adopted. Ayes x x x x x x x 4. (Agenda Item C -4) A report from the City Manager =r and the Public Works Director regarding the ve City's application for County Funds for the im- provement of Dover Drive, was presented. rs. 69 The City Manager stated that a proposed resolu- tion would be prepared and presented on June 27. The report of the City Manager was accepted. Motion x All Ayes 3 5. (Agenda Item C -5) A report from the Traffic Com- i al mittee, recommending that the request for a stop & sign at 33d and Lake be denied, was presented. Led The report of the Traffic Committee was approved Motion x L9 All Ayes_ Eor 6. (Agenda Item C -6) A report was presented from y oj the City Manager, regarding the request of the ss Orange Empire Chapter of International Confer - 57 ence of Building Officials for an expression of the City's interest in uniformity of Codes for the benefit of the community. The report of the City nager was ag ep and the City Manager was au o�ized too p the 9 tion A 1 Ayes x �'a'J ATTEST: M,,,, Page 262 t;acy t.lerKj Index City Hall paint: C -655 0 Ord 925 CA -10 R 5252 Marina 4kpar A -1 Aerial ladder truck CA -75 Employ Assn r salary incr CA -47 CITY OF NEWPORT BEACH Page 263 - Volume 13 / T... -_ on 1 ncn� COUNCILMEN ,,w uric au- 3 11 k t I i 11 1 1 effect, "The City of Newport Beach recognizes the value of uniformity between jurisdictions in the standards applicable to construction; en- courages continuing research and analysis lead- ing to code provisions which are realistic and reflect the application of modern methods and materials; reserves the right and obligation to Adapt proposed uniform codes to the particular needs and standards of this community as judged from time to time by the City Council." 7. (Agenda Item C -7) The recommendations of the City Manager and the Public Works Director that the construction work of Larco Painting Company, g the painting of the City Hall, be accepted, that the surety bonds be released, and that the City Clerk be authorized to file a Notice of Comple- tion, were presented. Said recommendations were approved and author- Motion x ized. All Ayes 8. (Agenda Item C -8) Ordinance No, 925, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 9102.0 AND 9102.1 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO PLANNING AND ZONING, REZONING PROPERTY, AND AMENDING DISTRICT MAP NO. 4, (regarding Planning Commission Amendments No. 8 and No. 91, incorporating in the Code limited commercial - multiple residential, or C -0 Dis- trict, and adding combining "Z" District; zoning Mariners Mile C -O -Z), was introduced. Ordinance No. 925 was passed to second reading Motion x and set for public hearing on July 25, 1960. Roll Call Ayes xxxxxx x 9. (Agenda Item C -9) Resolution No. 5252, approving a lease form for Marinapark, incorporating City Motion x of Newport Beach Trailer Park regulations, was Roll Call adopted. Ayes x x x x x x 10.(Agenda Item C -10) The specifications for an aerial ladder truck were approved, and the City Motion x Clerk was authorized to call for bids. All Ayes ll.The request of the Newport Beach City Employees' es Association for a minimum salary increase of 107, q effective July 1, 1960, instead of a 5% increase as recommended by the City Manager, was consid- ered, with the following people speaking from the audience: Philip A. Hayden, Leslie M. Holbrook. After discussion, the City Manager's salary recommendations were accepted in all respects with the exception that a general salary in- crease was ordered at the rate of 7k% for all Motion x employees. All Ayes 12.(Agenda Item C -11) Ord* ace No. 92 fy b ' n 1�J, ATTEST:iUa�� ity er Page 263 CITY OF NEWPORT BEACH Page 264 - Volume 13 Index (June 20, 1960) . AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 4213 OF THE NEWPORT BEACH MUNICIPAL CODE AND REPEALING SECTION 4214 OF Ord THE NEWPORT BEACH MUNICIPAL CODE RELATING TO 926 HOTEL REGISTERS, CA -57 (establishing a series of registration cards as a substitute for the hotel register required by Section 4213 of the Municipal Code), was intro- duced and passed to second reading. Water 13.(Agenda Item C -12) The City Manager stated that he had not received a proposal from Walter B. yards Mellott for the lease of former City Water De- CA-38 partment yards to South Coast Construction Company. The matter was tabled. Motion Roll Ca Ayes COUNCILMEN Motion All Ayes CA -102 (a) No. C -125, in the amount of $28,164.97, being a decrease in Budget Appropriations from Unappropriated Surplus General to Various; to close to Surplus projects which are completed or will not be accomplished during fiscal year 1959 -60 and provide funds for 32d and Newport signalization ($88.60) excess over appropriati (b) No. C -126, in the amount of $535.76, being a decrease in Budget Appropriations from Unap- propriated Surplus Park and Recreation, to Park and Recreation, Westcliff sprinkling system, tennis courts Las Arenas Park; to close to Sur- plus, project which is completed and to provide for funds for tennis courts at Las Arenas Park ($13.72) excess over appropriation. (c) No. C -127, in the amount of $258.74, being an increase in Budget Appropriations from Unap- propriated Surplus Capital Outlay to Capital Outlay - Structures, to provide funds for Police Wing construction /dark room (258.74) excess over appropriation. (d) No. C -128, in the amount of $3311.64, being a decrease in Budget Appropriations from Unap- propriated Surplus Water to Various; to close to Surplus projects which are completed or will not be accomplished during fiscal year 1959 -60 and provide funds for alley between Onyx and Amethyst ($46.94), alley between Amethyst and Apolena ($103.61), and replace 6" with 6" • over Transite app - S. E. side of Tustin ($ ) xces (1 over appropriation, 11i�/ ATTEST: /1 Page 264 E4 ll4.(Agenda Item C -13) Authorization was given to �& C the City Manager to cancel the Bonnie Doone rojs. Terrace sprinkler system project and to substi- CA -102 tute the City Hall and Corona del Mar State and Motion City Beach projects. All Ayes 15, enda Items C -14 (a), (b), (c), (d), (e), - , (g)' (h), (i)) The following Budget Amend- Motion Budget g A--- J _ ments were approved: i All Ayes CA -102 (a) No. C -125, in the amount of $28,164.97, being a decrease in Budget Appropriations from Unappropriated Surplus General to Various; to close to Surplus projects which are completed or will not be accomplished during fiscal year 1959 -60 and provide funds for 32d and Newport signalization ($88.60) excess over appropriati (b) No. C -126, in the amount of $535.76, being a decrease in Budget Appropriations from Unap- propriated Surplus Park and Recreation, to Park and Recreation, Westcliff sprinkling system, tennis courts Las Arenas Park; to close to Sur- plus, project which is completed and to provide for funds for tennis courts at Las Arenas Park ($13.72) excess over appropriation. (c) No. C -127, in the amount of $258.74, being an increase in Budget Appropriations from Unap- propriated Surplus Capital Outlay to Capital Outlay - Structures, to provide funds for Police Wing construction /dark room (258.74) excess over appropriation. (d) No. C -128, in the amount of $3311.64, being a decrease in Budget Appropriations from Unap- propriated Surplus Water to Various; to close to Surplus projects which are completed or will not be accomplished during fiscal year 1959 -60 and provide funds for alley between Onyx and Amethyst ($46.94), alley between Amethyst and Apolena ($103.61), and replace 6" with 6" • over Transite app - S. E. side of Tustin ($ ) xces (1 over appropriation, 11i�/ ATTEST: /1 Page 264 E4 Index (June 20, 196 Budget cont. CA -102 0 1* Ord 927 CA -10 R 5253 Sol I T CA- C -6 CITY OF NEWPORT BEACH Page 265 - Volume 13 (e) No. C -129, in the amount of $3110.16, being a decrease in Budget Appropriations from Unap- propriated Surplus Water Bond 1957 Construction to Water Bond 1957 Construction Land Improve- ments, — replace mains, Montero', Anade, Buena Vista, and Edgewater area; to close to Surplus, project which will not be completely accomplish during fiscal year 1959 -60. {f) No. C -130, in the amount of $268.80, being an increase in Budget Appropriations from Unap- propriated Surplus, Water to Water Administrati Office Equipment, for purchase of paper cutting machine to cut labor time in forms production and multilith operations. (g) No. C -131, in the amount of $988.37, being transfer in Budget Appropriations from Cash, Unappropriated Surplus, General, and Unappropri ated Surplus, Park and Recreation, to City Hall Land Improvements, being a transfer of funds ex pended for materials originally planned for Bonnie Doone Terrace but now to be used at the City Hall - City Hall sprinkler system. (h) No. C -132, in the amount of $228.57, being a transfer in Budget Appropriations from Cash, Unappropriated Surplus, Park and Recreation, and Unappropriated Surplus, General, to Park, Beaches and Recreation, Land Improvements - Sewer Extension Irvine Terrace, for sewer ex- tension to Irvine Terrace Park (charged to General Fund in error). (i) No. C -133, in the amount of $640, being an increase in Budget Appropriations from Unappro- priated Surplus, General, to Sewers, Land Im- provements, for additional funds for Contract No. 100, replacement of sewer main in Balboa Island. (j) No. C -134, in the amount of $36,000, being an increase in Budget Appropriations from Unap- propriated Surplus, General, to Fire - Rolling Equipment, for purchase of aerial ladder truck. 16.(Agenda Item C -15) Ordinance No. 927, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADOPTING DISTRICT MAP NO. 33, REZONING PROPERTY SHOWN THEREON, AND ESTABLISHING CERTAIN SETBACK LINES FOR SAID PROPERTY, (rezoning Tract No. 3519, Cameo Highlands, from U to R -1 -B, Planning Commission Amendment No. 90), was introduced. Ordinance No. 927 was passed to second reading and set for public hearing on July 11, 1960. 17.(Agenda Item C -16) Resolution No. 5253, author - ts izing the Mayor and the City Clerk to execute a contract with the Coun of Orange t perform soil tests for the Cit was adopt ATTEST: y C re- ;kJ Page 403 COUNCILMEN Motion Roll Call Ayes Motion Roll Ca Ayes x 0 E CITY OF NEWPORT BEACH Page 266 - Volume 13 Index (,Tune 20. 1960) COUNCILMEN Z F zAZ �,cZL"poo 18.(Agenda Item C-17) Consideration of the ambu- Ammula ce lance rate adjustment request of the Orange Motion x rates County Ambulance Association was tabled, All Ayes CA -110 19.(Agenda Item C -18) Resolution No. 5254, accept - R 5254 ing an Indenture granting real property to the CA -113 City, being a Deed to Parcels 1, 2 and 3 of PE Deel Pacific Electric right of way paralleling Newport Motion x Boulevard, between 23d and 30th Streets, was Roll Call adopted. Ayes x x xx x xx R 5255 Resolution No. 5255, authorizing the execution CA -113 of certain acceptances of assignments of leases, Motion x regarding the property accepted by Resolution Roll Call No. 5254, was adopted. Ayes x x x x x x x 20<(Agenda Item C -19) Consideration was given to Civil the Civil Service Board's recommendation that Service the Council adopt proposed Civil Service Rules Rules & and Regulations. ions WDula CA- 5 Mr. A. K. Phelps, Chairman of the Board, spoke from the audience. The matter was continued for discussion on Motion x June 27, 1960. All Ayes. 21.(Agenda Item C -20) A memorandum from Councilman Cook, Chairman of the Cumbersome Amendment Pro- cedures Committee, was presented. ,ezonin Lpplica The recommendations of the Committee were Motion x :ions accepted that an amendment to the Municipal All Ayes A -60 Code be processed through the Planning Com- A -10 mission so that in the future applications for A-40 rezoning, if denied by the Planning Commission, will come before the Council only when an appeal from the decision of the Planning Commission is made, that the amendment be made in such a manner that a public hearing on appeal will be the only public hearing, and that if and when an ordinance is adopted ordaining the proposed zoning, it will not be necessary to hold a second public hearing at the time of the second reading of the ordinance. 22'(Agenda Item 6-21) Ordinance No, 928, being rd 928 mergen y AN ORDINANCE OF THE CITY OF NEWPORT BEACH rd re REPEALING SECTIONS 4232, 4233, AND 4238, urfing ADDING A NEW SECTION 4238 AND SECTION 4240, A -49 AND AMENDING SECTIONS 4239 AND 10158 TO THE NEWPORT BEACH MUNICIPAL CODE RELATING TO SURFING, was presented. A discussion ensued. The following people participated: Chief Lifeguard Bob Reed, Mr. L. H. McBride, Mr. Ralph Watson, Mr. Dick Scott, Mr. Bo Beck. Mayor Stoddard gave a resume of the ordinance. Adoption of the ordinan as an emer n ordinance was consideren rf r the f n ATTEST: Mayor City qerk Page 266 Index (June 20, 1 ord cont. u Youth Center Commits CA -60 CA -49 Water Plans Commits CA -I CA -f Parking of un- attende trailer CA -16 CA -22 CITY OF NEWPORT BEACH COUNCILMEN Page 267 - Volume 13 reasons as stated by Mayor Stoddard: "There ar dangerous activities resulting from the uncon- trolled use of surfboards in and near the beaches and jetty, and hazardous use of surf- boards in areas where swimmers are. You are dealing with a thing which can be a public hazard and frequently is, and requires, and wil require, a good deal of policing unless there are rules and regulations to control it. We must make a finding that the public safety and health are in danger." Councilman Hart stated that an additional reas is the fact that the "summer invasion" is upon US. A motion was made by Councilman Hart to adopt Motion Ordinance No. 928 as an emergency measure and that the City Attorney be instructed to take the statements from the record in regard to the hazardous conditions created by surfing in the City, place them in the proper form, and place them in the ordinance. The City Clerk read the emergency ordinance. A vote was taken on Councilman Hart's motion and Ordinance No. 928 was adopted, effective Roll Call immediately. Ayes 23.Mayor Stoddard proposed that the following Com- mittee be formed to work with the Parks, Beaches and Recreation Commission and other groups, to ee be known as the Youth Center Committee: Council- men Lorenz, Cook and Mayor Stoddard. Said Committee was so appointed. Motion All Ayes 24:Mayor Stoddard stated that another Committee, on a temporary basis, should be appointed to in- ee vestigate the policy questions and other pro - 2 blems in connection with the Metropolitan water lines proposed for the County. Said Committee's powers would include the investigation of all proposals, including de- salting. He suggested the Committee be comprised of Councilmen Hart, Lorenz and Somers. Said Water Plans Committee was appointed. Motion All Ayes 25.Councilman Cook stated that he was of the opinion that an ordinance should be drawn for the control of parking of trailers on the public i streets. A discussion ensued and it was brought out that sailing regattas would suffer if boat trailers were not allowed to be left on the streets for a period of seventy -two hours. A motion was made by Councilman Lorenz that the Motion City Attorney and the City Manager be instructed to prepare an ordinancA which will nt the parking of unattended ailers on e ATTEST: ��aJ Page 267 K X CITY OF NEWPORT BEACH COUNCILMEN Page 268 - Volume 13 Index (June 20, 1960) • streets, with due regard for sailing or special events. Mr. Frank Meyer spoke from the audience. A vote was taken on Councilman Lorenz' motion, which carried unanimously. Fire 26.The City Manager was directed to study and re- Patrol port to the Council, within forty -five days, on vehicle the feasibility of improving fire prevention an( CA -132 suppression capabilities by the use of properly equipped and manned fire patrol vehicles. 27.Councilman Kingsley submitted a Committee report City regarding City beautification recommending that beauti- City furnish water free of charge to lands owner fication by the City, such as street ends or lettered CA -29 lots, "if the citizens of that area wished, at their own expense, to beautify that area by • planting, and also if there were a responsible community organization that would agree to keep the area watered and in a neat appearance." Said report was accepted and the City Manager was requested to submit a report of methods of implementing the recommendations. 28.The meeting was adjourned. Adiourn d. 40 0 ATTEST. Page 268 All Ayes Motion All Ayes Motion All Ayes Motion All Ayes