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HomeMy WebLinkAbout07/24/1967 - Regular MeetingIndex .400- Pub. Hrg Doug's Oar nitffet Use Permit 1287 -_ 15 CITY OF NEWPORT BEACH Volume 21 - Page 13 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: July 24, 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 July 10, 1967 was waived and said Minutes were approved as written and ordered filed. Mayor Gruber congratulated and presented Certificates of Completion of a course in "Effective Supervisory Practices" to sixteen municipal supervisory employees. PUBLIC HEARINGS: 1. Mayor Gruber opened the public hearing regarding the appeal of Doug's Oar Buffet, 409 28th Street, from the decision of the Planning Commission denying application for Use Permit 1287, requesting the approval of an off -site advertising sign at 2807 Newport Boulevard, Lot 10, Block 227, Section A, Zone C -1. The findings of the Planning Commission dated July 24, 1967 were presented. Planning Director Ernest Mayer, Jr. reported on the findings of the Planning Commission and presented photographs of subject sign. Mr. Nathaniel Douglas, co- partner of Doug's Oar Buffet, spoke from the audience. The hearing was closed. The findings of the Planning Commission were sustained, and Use Permit No. 1287 was denied. ATTEST: City Clerk Page 13 yor COUNCILMEN 2 Zr Gp11� `\ Present x x Absent Motion x Ayes x x Absent Motion Ayes Absent Motion Ayes Absent. Ix M Mix Index 0 -1225 Re curb - =- ="�` & prkg regul tions 22 ogee Root study :A 158 90 49 July 24, 1967 ORDINANC. 1. Propos AP BE 12 MT M1 PP was pr Works Ordina: second CONTINUE 1. A mem Beache 1967 re walk ar mendat memor The Pa recomr that Ite dated J rated is Parkw: It was bring 1: Item 1 ?do Sands 2, The re — Assoc ation d .ey for probler L raa``ic Stu y Highwa 114 for crc e 118 ATTEST: 6"- CITY OF NEWPORT BEACH Volume 21 - Page 14 COUNCILMEN :S FOR INTRODUCTION: ed Ordinance No. 1225, being, ORDINANCE OF THE CITY OF NEWPORT ACH AMENDING SECTIONS 12.48. 040 AND 48.050 OF THE NEWPORT BEACH JNICIPAL CODE RELATING TO CURB LRKINGS INDICATING STOPPING AND .RKING REGULATIONS, .sented with a memorandum from the Public Department dated July 24, 1967. ice No. 1225 was introduced and passed to Motion x reading on August 14, 1967. Roll Call: Ayes xx .x xxx Absent x D BUSINESS: orandum was presented from the Parks, s and Recreation Commission dated July 19, garding parkway trees vs. curb, gutter, side- d utility damage and approving the recom- ions of the City Manager as stated in his andum dated July 7, 1967. rks, Beaches and Recreation Commission's nendations were approved, and it was directed Motion x ms 3 and 4 of the City Manager's memorandum Ayes x x xxx x my 7 be revised into policy form and incorpo- Absent x i the existing Council policy on "Retention of .y Trees ". :he consensus of the Council that the staff ack to Council a policy statement relative to of said memorandum. guest of the Lido Sands Community Associ- ated June 20, 1967 for study of traffic ns in area of intersection of Pacific Coast y, Balboa Avenue and Superior Avenue and sswalks on Seashore Drive, was ordered Mayor Clerk ` Page 14 i Index July 24, 1967 -0 Irvine -Terr Fark use 49 .w. 38 veinal Map 0 aract 6385 23 peters of -edit Pact 6385 A 23 CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 15 filed; and the staff was directed to write a letter to the Association and also directed to report on the number of man -hours that were spent on the matter. 3. A letter dated July 17, 1967 from the Irvine Terrace Home Owners Association Board of Directors stating they are for the expanded use of the Irvine Terrace Park within the limits of the Grant Deed but are against expanding the use of the park to include any activities which would require the building of facilities for cooking or for organized sports, was referred to the staff. CURRENT BUSINESS: 1. The Final Map for Tract 6385 filed by Richard B. Smith, Inc. , consisting of 20. 940 acres divided into 51 lots, located south of San Joaquin Hills Road, between Crown Drive North and future MacArthur Boulevard, was considered. The findings of the Planning Commission were presented with two memoranda dated July 20 and 24, 1967 from the Public Works Director. Planning Director Ernest Mayer, Jr. reported on the findings of the Planning Commission and stated that because of the similarity in the names of the streets called Lighthouse Lane and Lighthouse Circle, Lighthouse Circle had been changed to Salt Air Drive and incorporated in the Final Map. The Final Map of Tract 6385, subject to the recom- mendations of the Planning Commission and Public Works Department, including the street name change to Salt Air Drive, was approved. The use of two Letters of Credit in lieu of the Sub- division Labor and Material and the Performance Bonds, each in an amount of 507o of the construction cost, was authorized. ATTEST: City 4Z Clerk ~ Page 15 Motion Ayes Absent x Ix x Motion x Ayes x x x x x .Absent x Motion Ayes x x x Absent x Motion Ayes x x x Absent x x x x x xx x CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 16 s -0 Y p 9 N A gyp„ i c z i m Index July 24, 1967 x Ix x R 6610 Resolution No. 6610, authorizing the execution of an Motion Aareemnt w/ agreement with Richard B. Smith, Inc., for the Roll Call: Richard B. construction of improvements in Tract No. 6385, Ayes x x x x Smith,lnc 6385 was adopted. Absent x it CA 23 2. The expense account of Mayor Gruber for attendance Exp Acct at the 1967 Annual U. S. Conference of Mayors in Motion :,yid Grube Honolulu, Hawaii from June 15 to June 21, 1967, Ayes x x x a "A 92 was approved. Absent x =t. lmprov. 3. A memorandum was presented from the Public Works IWmboree Rd Director dated July 24, 1967 regarding improvement word -Palis des of Jamboree Road from Ford Road to Palisades -1096 Road (C- 1096). w 29 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 • opened August 21, 1967 at 10:00 A.M. Absent x :ilbur Smie 1 4. A memorandum was presented from the Public Works Assoc. Department dated July 24, 1967 regarding traffic and parking studies contract. dime extens -1049 on A three -month extension of time was approved for Motion x ;e 22 completion of the contract for traffic and parking Ayes x x x x =u 114 studies being conducted by Wilbur Smith and Associ- Absent x ates. 227 5. A memorandum was presented from the Public Works 129 Director dated July 24, 1967 regarding an Agreement and Surety for Resubdivision No. 227 (Ocean Boule- vard at Orchid Avenue). _ -6611 Resolution No. 6611, authorizing the execution of an Motion x 'a;reement improvement agreement ( Resubdivision No. 227) with Roll Call: & '. Robert C. Burt and Eleanore B. Burt, was adopted. Ayes x x x x Absent x leanore Bu t 6. A memorandum was presented from the Public Works °s Tax Director dated July 24, 1967 regarding the Fiscal -� Year 1967 -68 Section 2107 Gas Tax Budget. -6612 Resolution No. 6612, adopting and submitting a Motion -727 supplemental budget proposal and project statement Roll Call: ...;ter for expenditure of funds allocated from the State Ayes x x x x greemene Highway Fund to Cities, wa Absent x Mayor ATTEST: City 'Cl6ry Page 16 I x Ix x CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 17 A i m Index July 24, 1967 kvnloente: Quitclaim Deed orate: easement Tr 6015 K -6613 CA 12 2,A 23 Mub. Util: a:a �pmeng ,_ -6614 12 K7 _` —vine r lino r -4003 indn Isle -6615 ration =ex linE `4003 - 14 -s 12 -6616 x 4003 -treet Vac vi: Ocean runt ;Seashore Colony) 14 7. A memorandum was presented from the Public Works Director dated July 24, 1967 regarding Quitclaim Deed for an easement for water line puposes at Newport Center. Resolution No. 6613, authorizing the execution of a Motion x Quitclaim Deed for a portion of an easement for Roll Call: water pipe line purposes, was adopted. Ayes x x Absent x Y8. A memorandum was presented from the Public Works Director dated July 24, 1967 regarding easement for public utility purposes adjacent to Lincoln Jr. High School. Resolution No. 6614, accepting a public utility Motion easement from The Irvine Company, was adopted. Roll Call: Ayes x x Absent x 9. A memorandum was presented from the Public Works Director dated July 24 regarding an easement for submarine water line purposes at Lots 32 and 33, Tract No. 4003, Linda Isle. Resolution No. 6615, a Resolution of Intention of the City Council of the City of Newport Beach declaring its intention to order the vacation of a water line Motion easement in Lots 30 and 31, Tract No. 4003; and. Roll Call: setting the public hearing for August 14, 1967, was Ayes x x adopted. Absent x Resolution No. 6616, accepting a public utility Motion easement from The Irvine Company, was adopted. Roll Call: Ayes x x Absent x 10. A memorandum was presented from the Public Works Director dated July 24, 1967 regarding a Grant Deed for alley purposes at 6608 West Ocean Front and street vacation of a portion of West Ocean Front between Cedar Street and Lugonia Street. ayor ATTEST: City Cler Page 17 ix KIxix x a R -61 Stri Vac, CA It -61 =tr ocei (Se. Co' -6( bark! : ^r1 =_rl Y ne,Y - 3 ?^u 4 CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 18 s r 1 Index July 24, 1967 � p ? a x °y ` ow. A7 Resolution No. 6617, adopting a map showing a Motion x !et portion of a certain street known as Ocean Front Roll Call: ition which is proposed to be vacated, closed up and Ayes x x x x x L4 abandoned, was adopted. Absent x i18 Resolution No. 6618, a Resolution of Intention of the Vacatioi City Council of the City of Newport Beach declaring in Front its intention to order the closing up, vacation and Motion x .4 abandonment of a portion of a certain street known as Roll Call: ashore Tony) Ocean Front; and setting the public hearing for Ayes x x x x x August 14, 1967, was adopted. Absent x 19 11. Resolution No. 6619, amending Section 4 of Motion x meters Resolution No. 6564, as amended by Resolution No. Roll Call: 6606, which established regulations for the operation Ayes x x x x x t0 of parking meters, was adopted. Absent x 12. A memorandum was presented from the Public Works Director dated July 24, 1967 regarding request by Beet cut Les Corbett to construct a 21 foot wide curb cut on 4th Avenue at 621 Larkspur Avenue. The recommendation of the Public Works Director Motion 0 was sustained, and subject curb cut was denied. Ayes x x x x x ; Absent x close 13. A memorandum was presented from the City Manager erliff dated July 21, 1967 relative to the closing of street in front of 165 Shorecliff Road for Shorecliff property owners' annual summer party on August 5, 1967. The City Manager's recommendation was approved, Motion x 5 and the closing of the street in front of 165 Shorecliff Ayes x x x x x I Road for the Shorecliff property owners' annual Absent x summer party to be held August 5, 1967, was authorized. 14. A memorandum was presented from the Public Works Neupor Director dated July 18, 1967 to the Joint Harbor nols Committee regarding dredging in the West Newport ging Channels. The Public Works Director's recommendations to the Joint Harbor Committee were approved; the City Motion x was designated as the agency to administer the pro= Ayes x x x x x x ject; the staff was instructed to proceed with plans and Absent x specifications and to request bids; spot dredging and widening, in the amount of $6000, of the navigable channel northerly of Newport Island was approved; side channels to be dredged to, n the 1 9 C?rAayor ATTEST: City Clerk Page 18 .1 :u CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 19 Index July 24, 1967 x x x x x X x design section 5 feet deep at Mean Lower Low Water to a width of 30 feet, and the unnamed channel to be dredged 6 feet deep at Mean Lower Low Water to a width of 40 feet. It was directed for the record that the County was to Motion 70 participate in the project in the amount of $3000 and Ayes x x the City in a like amount. Absent c. Appl. APPLICATIONS FOR LICENSE: 1. The application of Finn 0. Olsen, owner of New Look, sen 810 E. Balboa Boulevard, for a dance hall business license was presented with a memorandum from the City Manager's office recommending proposed con- ditions to be required by the City in conjunction with • approval of said dance hall license. Mr. Finn O. Olsen spoke from the audience. A discussion was had. 63 Mr. Olsen stated he would accept all eight conditions i required as conditions of approval, including the requirement of the security officer wearing a uniform. The application of Finn O. Olsen, subject to the Motion x following conditions, was approved: Ayes x x Absent (a) Hours of operation from 8:00 P. M. to 12:00 A. M. (b) Live entertainment from 8:00 P. M. to 11:30 P. M. (c) Minimum of two candle power lighting intensity throughout the premises at all times. (d) No ingress or egress through the rear door at any time except during emergency conditions. (e) No pass out checks issued to those leaving premises. (f) No intoxicated persons allowed on the premises and no alcoholic beverages consumed on the premises. (g) Minimum dress requirements of some type of foot attire, shirt or blouse and pants or skirt - swimming suits prohibited. (h) Adequate supervision and one full time uniformed security officer provided during all hours of operation. I-Mayor ATTEST: City Clerk Page 19 x x x x x X x Index July 24, 1967 a ._Prker -A 63 uu. hrgs • -__ -_i ani 1283 a 15 - r!hridge - ^ ^s>_r. Co 1288 15 ' ^u Amerb °1 Taus' Savings • � iwst 4n m 185 11 CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 20 A v A c A N N f A 2. The application of Clara B. Kecker, owner of MoBoTe Motor Inn -Auto Rentals, 4401 West Coast Highway, for automobile rentals (agency for Broadway Depart- ment Store Rentals and Alco Daily Rentals), was considered. Mr. George W. Pusateri, manager and co -owner of the MoBoTel Motor Inn, spoke from the audience. The application of Clara B. Kecker was approved. Motion Ayes x x Absent x COMMUNICATIONS - REFERRALS: 1. The City Clerk's setting the following appeals for Motion public hearing on August 14, 1967 was confirmed: Ayes x x Absent x (a) Appeal of Pietro Benigni (Karam's restaurant), 501 30th Street, from the decision of the Planning Commission denying application for Use Permit No. 1283, requesting permission to erect an off - site advertising sign at 2920 Newport Boulevard. (b) Appeal of William R. Brown, Construction Manager of Lochridge Construction Company, acting for Mrs. Charles Place, from the decision of the Planning Commission denying application for Use Permit No. 1288 requesting permission to remodel and to make structural alterations to an existing non - conforming building at 512 Lark, spur, Corona del Mar. 'a (c) Appeal of Continental Service Company, in behalf of Bank of America National Trust and Savings Association, from the decision of the Planning Commission denying Exception Permit No. 4, which requests replacement of existing neon sign with new interior lighted plastic sign, Corona del Mar branch. Mayor ATTEST: City Cle It Page 20 X x x x rep Yl. ar -o. -o. -.E CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 21 -O Y Index July 24, 1967 f A • 'l.eeary 2. A letter from Robert L. McCleeary requesting the I for City to vacate an alley located at the westerly end of ey vacation the 1700 block of Balboa Boulevard and extending 14 southerly from Balboa Boulevard approximately 100 Motion x feet to the alley, was referred to the staff for study Ayes x x x 3 and report. Absent x is Dings 3. The City Clerk's referral of the following claims for Motion x 84 damages to the insurance carrier was confirmed: Ayes x x x 3 Absent x i'a�er (a) Claim of Dwayne S. Huffaker for personal in- - - juries allegedly caused when his car was struck by a City vehicle. Calif. (b) Claim of Southern California Edison Company son Co. alleging damage to underground facilities by equipment owned and operated by subcontractor . of a contractor working for the City. 4. The City Clerk's referral of the following Summons Motion x and Complaints to the City Attorney was confirmed: Ayes x x x x Absent i x (a) Summons and Complaint for rent for personal property and money due on public improvement contract, stop notice and bond and for declaratory relief, Case No. 8478, Municipal Court, Warnock -vcn- „roft Equip Bancroft Equipment Company, Plaintiff, vs. City of Newport Beach, et al, for rental of a tractor dozer to contractor in connection with the sand replenishment of West Newport ocean beach (Second Contract) 1966 (C- 1070). Hurley (b) Summons and Complaint of C. E. Hurley Contracting Corp. vs. City of Newport Beach Case No. 154738, Superior Court of the State of California for the County of Orange in connection with the sand replenishment of West Newport ocean beach (C- 1070). _ & Compl 5. A memorandum was presented from the City Attorney dated July 19 with a Summons and Complaint for recovery of ad valorem taxes paid under protest and for declaratory relief, Case No. 153786, Superior Mayor ATTEST: -Cite Page 21 M x CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 22 9 9 Index July 24, 1967 cN p umble Oil Court, Atlantic Richfield, Humble, Signal, Texaco, ignal, Thermo, Orco, West Shore and Union Oil Companies, exaco, et 1 Plaintiffs, vs. City of Newport Beach, et al. The City Attorney's referral of the matter to the Dun *_y Coun el County Counsel was confirmed, and the County Motion .rh Mend City Counsel was authorized to appear and defend the Ayes x x x x 84 interests of the City in the lawsuit. Absent x Ldepool 6. A letter dated July 7, 1967 from David Ballantine Ludy expressing alarm over the number of people taking ' 49 specimens from the tidepools at Little Corona and Third Beach and approving those beaches being made Motion x tidepool sanctuaries was referred to the staff to be Ayes x x x x included in the Tidepools Study. Absent x alley Ball 7. A letter dated July 20, 1967 from Angel Kraemer requesting that consideration be given to setting up a 1,032nd volleyball court on the beach in the 32nd Street area treat was presented. 49 Councilman made a motion to refer the matter to the Motion staff for reply. Parks, Beaches and RecrBation'Dir:ector presented a staff report. Angel Kraemer and James Thomas Walsh spoke from the audience and requested a volley= ball court on the 32nd Street ocean front beach. A vote was taken on Councilman Forgit's motion, Ayes x x x x which motion carried. Absent x It was the consensus of the Council that if courts were lost because of beach erosion, consideration should be given to setting up a court at 32nd Street. f--Mayor ATTEST: City Cle z Page 22 CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 23 A O T Index July 24, 1967 X X X X X ADDITIONAL BUSINESS: -6620 1. Resolution No. 6620, authorizing a public works contract for the construction of wooden groins to ° Npt coins retard erosion of the West Newport ocean beach without advertising for bids, was considered. -1136 With the unanimous consent of the Council, Mayor k 49 Gruber stated that the further reading of the reso- Beach Erosion) lution was waived. A discussion was had. Resolution No. 6620 was adopted. Motion Roll Call: Ayes x x x Absent x BUDGET AMENDMENTS: -- _ -' The following Budget Amendments were approved: Motion Ayes x xi x Absent x 102 C -11, $10, 000 being an increase in Budget Appropri- ations and Revenue Estimates, Donations and Contri- butions, for improvement of Jamboree -Ford to Palisades (contribution of $10, 000 by Aeronutronics). C -12, $23, 000 being a transfer of Budget Appropri- ations from Unappropriated Contingency Reserve for emergency installation of three groins in West New- port Area to protect against beach erosion. COMMUNICATIONS - ADVISORY: 1. The following letters were ordered filed: Motion Ayes x x x Absent x 135 (a) Board and Commission letters regarding their elected officers for the fiscal year 1967 -68: 40 (1) Planning Commission David W. Curtis, Chairman William B. Clark, 1st Vice Chairman John J. Jakosky, Jr., 2nd Vice Chairman Ray Y. Cop elin ary Mayor ATTEST: City Cler c Page 23 X X X X X CITY OF NEWPORT BEACH Volume 21 - Page 24 Index July 24, 1967 ^.A 50 (2) Parks, Beaches and Recreation Commission Walter J. Koch, Chairman Walter Semeniuk, Vice Chairman ^.A 65 (3) Board of Library Trustees Roger W. Hardacre, Chairman Mrs. Hancock Banning, Secretary (b) Letter from Wm. N. Handley, Chairman of the C. 127 Orange County Chapter of the Engineering and Grading Contractors Association, dated July 12, suggesting that more work be let to public bid. =u 55 (c) League of California Cities Legislative Bulletins dated July 7 and 13, 1967. Z—Ae 53 (d) Copy of Resolution of the Board of Supervisors • declaring portion of Palisades Road, from Jamboree to MacArthur Boulevard in the City of Newport Beach is no longer a County highway. 53 (e) Copies of agenda of the Board of Supervisors meetings held July 11 and 17, 1967. (f) Application of Golden West Airlines, Inc. before 36 the Public Utilities Commission for a Certificate of Public Convenience and Necessity to establish, maintain, and operate a passenger and freight airline service between the Orange County and Los Angeles International Airports and between the Redlands and Los Angeles International Air- port. (g) Letter from Senator Schmitz addressed to Mayor. _ 66 Gruber acknowledging receipt of telegram opposing AB 1944 relating to the making of street signs. (h) Letter dated July 19 from Orange County Chamber 96 of Commerce regarding Ed Telford's Retirement Dinner and asking that reservations be made by August 4. X ayor ATTEST: City Clerk Page 24 COUNCILMEN ai 0 �Z CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 25 03 c Index Julv 24, 1967 N mA ° f\ CA 36 CA 73 mod_.• 37 Fslan r-rm_ Ass �q close =;cus St 35 • (i) Notice of Hearing before the Public Utilities Commission on Application No. 49522 in the matter of the application of Air California for a Certificate of Public Convenience and Necessity to be held Thursday, July 27, 1967 at 10:00A..M. in the Commission Courtroom, State Building, 350 McAllister Street, San Francisco, California. 2. A letter from Mrs. L. R. Soth dated July 13, 1967 protesting the fireworks ordinance and suggesting that some changes be made was considered. Subject letter was referred to the staff for study and _Motion x report. Ayes x x x x x x Absent x 3. A letter from Miss Gwen Ward dated July 8, 1967 regarding the sanitary conditions at the Fun Zone was considered. Subject letter was ordered filed. Motion x Ayes xw xxxx Absent x ADDITIONAL ITEMS: 1. Mrs. Nancy Myers, representing the Newport Island C Community Association, spoke from the audience and requested the closing of Marcus Street between 38th and 39th Streets during the hours of 7:00 P.M. and - 10:00 P.M. on August 12, 1967 for the Newport Island residents' annual party. Subject request was granted subject to the City Motion x Manager's approval. -Ayes x x x x x x Absent x The meeting was adjourned at 9:30 P. M. Motion x Ayes X X X Absent x ayor ATTEST: City Clerk Page 25