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HomeMy WebLinkAbout09/11/1967 - Regular MeetingCITY OF NEWPORT BEACH Volume 21 - Page 60 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: September 11, 1967 Time of Meeting: 7:30 P.M. Index Place of Meeting: Council Chambers - 1 Roll Call: The reading of the Minutes of the Regular Meeting of August 28, 1967 was waived, and said Minutes were approved as written and ordered filed. HEARINGS: Cont °d 1. Mayor Gruber opened the continued public hearing pub, hrg regarding the appeal of Pietro Benigni from the Benigni decision of the Planning Commission denying Use Up 1283 Permit No. 1283 which requests an off -site adver- tising sign for Karam's Restaurant at 2920 Newport Boulevard. CA 15 The findings of the Planning Commission dated August 14, 1967 were presented. Mayor Gruber asked if anyone desired to be heard. Peter Korican, attorney representing Mr. Benigni, spoke from the audience and requested an additional continuance of the hearing. The public hearing was continued to September, 25,196' at 7:30 P. M. ORDINANCES FOR INTRODUCTION: 0 -1231 11. 'Proposed Ordinance No. 1231, being, kedistrict ng AN ORDINANCE OF THE CITY OF NEWPORT Man BEACH CHANGING AND REDEFINING THE BOUNDARIES OF THE COUNCILMANIC DISTRICTS OF THE CITY, replacing and superseding all prior district numbers and boundaries, was presented. CA 165 The City Clerk stated that a letter had been received that day from Harvey D. Pease opposing the separation of Balboa Island into two separate council - manic districts. A discussion was had. Ordinance No. 1231 was introduced and passed to second reading on October 9, 1967. A � ATTEST: City Clerk r Page 60 Present Motion Ayes Motion Ayes COUNCILMEN X XX XXXIXI X X IX X Motion Ayes X X Noes X X X XI Index September 11, 1967 0 -123 Food vzxxdi pub. CA 6 0 -12 4 CA 1 CITY OF NEWPORT BEACH Volume 21 - Page 61 COUNCILMEN s p O m ovmopra 2 2 2. Proposed Ordinance No. 1232, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 5. 04. 350 OF THE ng st ns N NEWPORT BEACH MUNICIPAL CODE RELATING TO THE SALE OF FOOD PRODUCTS ON PUBLIC STREETS, prohibiting the sale of all food products on the public streets and sidewalks in that portion of City southerly CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 62 index September 11, 1967 CONTINUED BUSINESS: Route 1 1. A memorandum was presented from the Public Works Frwy Agree Director dated September 11, 1967 regarding afree- way agreement for Route 1 Freeway between Bayside Drive and Orchid Avenue. R -6639 Resolution No. 6639, requesting the City Planning Commission to initiate proceedings to include Fifth CA 128 Avenue on the City of Newport Beach Master Street and Highway Plan and requesting the California High- way Commission to approve grade separations and interchanges at the connections of Newport Center Motion Drive and Fifth Avenue with the proposed Route 1 Roll Call: Freeway alignment, was adopted. Ayes The staff was directed to prepare amendments updatinE Motion Req mend the Master Street and Highway Plan for consideration Ayes Master Str by the Planning Commission and City Council. & Hwy Plan CA 69 The staff was directed to prepare a final report on Motion subject freeway agreement for consideration by City Ayes Council on October 9, 1967, CURRENT BUSINESS: R -6640 1. Resolution No. 6640, declaring that weeds and other public nuisances exist upon streets, alleys, sidewalks, weed abate parkways, and private property within the City, CA 11 declaring that said weeds and public nuisances must be abated, setting the time and place for a public hearing at which the City Council will consider pro- tests from persons objecting to the proposed destruc- tion or removal of such public nuisances by the City, and directing the Fire Chief to give notice of the Motion passage of this resolution and of the public hearing, Roll Call: was adopted. Ayes Reconveyan e2. A resolution authorizing and directing the execution of Deed 'trust a request for reconveyance on a Deed of Trust to Orange County Title Company as agent for Coast Motion Coast Capi al Capital, Inc. , was diaried to September 25, 1967, Ayes CA 38 Parcel H ATTEST: I „r , mayor Page 62 Al 0 ,z X x x x x x x x x x X X x x x x x x x xJx x x Index i R -6641 Balboa Club C -519 CA 38 Right -of- way Certi3 C -1096 &C- 1013(AF CA 29 CA 97 Avon St. prkg reg • R -6642 CA 22 LaYeunesse req build fence CA 35 Time recor purchase Fir Dept. CA 73 Hughes Aii craft Co. use of prl lotby Cit3 C -1146 CA 39 • September 11, 1967 3. 4 5. 0 A A TT. CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 63 p y p O m M O Y O p ra O C U N 2esolution No. 6641, authorizing the execution of a tequest for Copy of Notice of Default and Notice of Tale with respect to a Deed of Trust, by which a Motion x portion of the leasehold estate of the Balboa Bay Club, Roll Call: Inc. has been transferred, was adopted. Ayes x x x x x x x A memorandum was presented from the Public Works Director dated September 11, 1967 regarding Right of Way Certification in connection with Contract No. 1096 ;Jamboree Road from Ford Road to Palisades Road). Fhe Mayor and City Clerk were authorized to execute Motion x a Right of Way Certification on behalf of the City. Ayes x x x x x x x A memorandum was presented from the Public Works Department dated September 11, 1967 regarding Avon Street parking regulations. Resolution No. 6642, limiting the parking of vehicles Motion x on Avon Street between Tustin Avenue and Riverside Roll Call: Avenue, was adopted. Ayes x x x x x x x A memorandum was presented from the Public Works i Director dated September 11, 1967 regarding request by Phillip LaJeunesse, 3008 Balboa Boulevard, to build a fence across end of alley between 30th and 31st Streets north of Balboa Boulevard. The request to build a fence across end of alley Motion x between 30th and 31st Streets north of Balboa Boule- Ayes x x x x x x vard was granted. Abstain x A memorandum was presented from the City Manager dated September 6, 1967 regarding purchase of an electric time recorder. The expenditure of an additional $89. 15 to cover the Motion x cost of an electric time recorder was approved. Ayes x x x x x x x Authorization was given to the City Manager to execute Motion x a Permit and License from Hughes Aircraft Company Ayes x x x x x x x to the City for the use of parking lot at the Hughes Air- craft Company for the purpose of providing a motor- cycle training area for officers of the Police Depart- ment. D� Mayor EST: City Clerk Page 63 Index L Req close streets Balboa Pen C -502 CA 35 Pol. Lt Saunders Lv Absence CA 46 is CA 39 CA 69 Clms for CAA 84 • Hixson • CITY OF NEWPORT BEACH Volume 21 - Page 64 SP.ntP.m har 11. 1867 COUNCILMEN p'O Y G, co Y N A � m O Y l O A 2 � T O A F 9. A memorandum was presented from the City Manager dated September 7, 1967 regarding a request from the n Balboa Peninsula Point Association to conduct a street dance on Saturday, September 23, 1967 from 6:00 P. M. to 10 :00 P. M. and requesting that the streets of Plaza Del Sur and Plaza Del Norte on Balboa Peninsula Point be closed between those hours. The request of the Balboa Peninsula Point Association - was approved subject to any controlling measures Motion which might be imposed by the City Manager. Ayes x x x x 10. A memorandum was presented from the City Manager dated September 8, 1967 regarding a request for a two year leave of absence without pay beginning September 18, 1967 for Police Lieutenant William H. Saunders to accept an appointment to serve with the U. S. State Department in the A. I. D. Program as a Police Advisor to the Vietnamese National Police, and requesting authorization of a permanent appointment of a lieutenant to fill the vacancy created. Subject request was approved and Lieutenant Saunders Motion ; x was highly commended on his appointment. Ayes x x x x COMMUNICATIONS - REFERRALS: 1. A letter from Ron Yeo, A. 1, A. Architect, dated August 31, 1967 asking for Council consideration, in resolving the Corona del Mar freeway, of Poppy Avenue not being designed to handle a great amount 'of Motion x traffic, was referred to the staff for reply. Ayes x x x x 2. The City Clerk's referral of the following claims for Motion x damages to the insurance carrier was confirmed: Ayes x x x x (a) Claim for Damage to Real Property filed by Attorneys Penney and Penney on behalf of their client, Claranita B. Hixson, alleging damages have been caused to claimant's house through alleged negligence of the City in failing to properly maintain and repair and in improperly constructing the extension of the City -owned street known as Cove Street, thereby allowing tidal waters of Bay to erode foundation of her _ house. Mk�ror ATTEST: City Clerk Page 64 i x ta x Ix x x x x x x Inden,. Kahan Russell Vacific selephons -?eene •l �LaKY_Y 66 60 30 d_dn isle iderua7 k _.109 CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 65 y Y ° September 11, 1967 (b) Claim of Del F. Kahan, father of Teri Marie i Kahan, for personal injuries allegedly sustained by Teri while working out on gymnastic equipment in the Corona del Mar High School gymnasium. (c) Claim of Robert L. Russell for damages to his motorcycle allegedly caused when his motorcycle hit an alleged abrupt drop off in the pavement on Marguerite Avenue and turned over. (d) Letter from Pacific Telephone and Telegraph Company stating their 200 pair cable was struck and damaged when a City Water Department back - hoe was placing a water meter. (e) Claim of Sylvia Marie Greene and Chris Lee Greene for personal injuries allegedly sustained when Claimant fell on sidewalk at Marine and Park on Balboa Island. (f) Summons and Complaint of Dwayne S. Huffaker, Case No. 8627 in the Newport Beach Municipal Court. 3. A letter from Assemblyman Bob Monagan dated September 4, 1967 urging support of Assembly Joint, Resolution 29 which seeks relief for local as well as state governments through a federal tax sharing program was referred to the Urgent Pending Legis- Motion x lation Committee. Ayes x x x x x x x 4. A letter from the Lido Isle Community Association dated September 6, 1967 in connection with the re- moval of sidewalks between Via Mentone and Via Nice by the Southern California Edison Company and requesting that same be replaced in the same color and pattern as before was presented with a memo -. randum from the Public Works Director dated September 11, 1967. The staff was directed to prepare a modification to the Motion x standard specifications for 'sidewalks whichwould Ayes x x x x x x x require any sidewalks replaced on Lido Isle to conforrr to the present color and policy to include the provision that any extra expense be borne by the Lido Isle Com- munity Association, or others, and to bring back to Council for action. ayor ATTEST: �4A4 X 4 City Clerk Page 65 i Index minute Resolutic re Beach Erosion Control W. Npt W fi� • Budget Amendmn_nP CA 102 • ,40 CITY OF NEWPORT BEACH Volume 21 - Page 66 Sentember 11. 1967 COUNCILMEN ADDITIONAL BUSINESS: 1. The following Minute Resolution regarding beach Motion x erosion control in the West Newport area of the City Roll Call: was adopted: Ayes x x x x x x x BE IT RESOLVED by the City Council of the City of Newport Beach that the City Council has - decided that no further City funds shall be ex- pended for emergency beach erosion control in the West Newport area of the City. BE IT FURTHER RESOLVED that in the judgment of the City Council the City has exhausted the financial resources available to it in dealing with the current beach erosion emergency. BUDGET AMENDMENTS: The following Budget Amendments were approved: Motion x Ayes xx xx xxx C -22, being a return to Surplus of $18,444.44, principal (final installment) on sale of Parcel H (2807 Newport Boulevard) under Resolution No. 5969, from Surplus appropriated for Notes Receivable, and increase in Revenue Estimates of $1, 106.67 (interest), and an increase in Unappropriated Surplus and Capital.. Improvement Fund. C -23, $13, 000 increase in Unappropriated Surplus and decrease in Budget Appropriations for deletion of West Newport Restrooms from 1967 -68 Budget. C -24, $87, 375 net decrease in Unappropriated Surplus, _ an increase in Budget Appropriations and a decrease in Revenue Estimates for charges in 1967 -68 Budget made by City Council at regular meeting of August 28, 1967. C -25, $11. 55 transfer of Budget Appropriations from Unappropriated Contingency Reserve to Budget Appropriations, Water and Overtime for reimburse- ment to Water from Unappropriated Contingency Reserve for sandbagging operation. ayor ATTEST: CZ City C City ��—E'��.,� lerk , �^ Page 66 I Index • CITY OF NEWPORT BEACH Volume 21 - Page 67 September 11, 1967 C -26, $801. 22 transfer of Budget Appropriations from Unappropriated Contingency Reserve to Budget Appropriations, Parks, Beaches and Recreation, Overtime for reimbursement to Parks from Unappro- priated Contingency Reserve for sandbagging operation C -27, $859. 00 decrease in Unappropriated Surplus and an increase in Budget Appropriations for transfer of remaining surplus to Unappropriated Contingency Reserve and reimburse departments from Unappropri- ated Contingency Reserve for sandbagging operations. C -28, $20, 000 transfer from Unappropriated Con- tingency Reserve to replenish additional 25, 000 cubic yards of sand on West Newport Ocean Beach to Budget Appropriations, General. COMMUNICATIONS - ADVISORY: 1_ The following communications were ordered filed: (a) A letter from Rockwell Music & Cigarette CA 107 Vending Company dated August 29, 1967 urging the Council to repeal the local cigarette tax, and City Clerk's reply regarding repeal ordinance. CA 49 (b) West Newport sand replenishment: Beach Erosion (1) A letter from Mrs. Helen Hutchinson dated August 26, 1967 complimenting the whole production staff of Newport Beach for an excellent job done on the sand hauling. (2) A letter from Mr. and Mrs. K. D. Goen dated August 23, 1967 objecting to the "sand operation" from the beach at Balboa to West Newport area. (3) A letter from Mr. Thomas Lechentin dated September 6, 1967 objecting to removal of sand from the front of his residence at 12th Street and Ocean. ATTEST: r Page 67 Motion Ayes COUNCILMEN X 0 11 X Index Local Agen Form. Comm CA 108 • CA 53 eA 70 --Ae 53 =r_ 4 =s 70 pper B"y —I Exchng • CITY OF NEWPORT BEACH Volume 21 - Page 68 September 11, 1967 COUNCILMEN s ro D lot ra m O 9 d (c) Notice of public hearings by the Local Agency Formation Commission to be held September 13, 1967: (1) Proposed annexation to the City of Santa Ana designated as Barranca and Red Hill East Annexation, generally located between Red - hill and Harvard (Como Road) and between Edinger and Barranca Road. (2) Proposed annexation to the City of Tustin designated as the Red Hill Avenue -Como Road Annexation, located the same as above. (d) A letter from the Local Agency Formation Com- mission dated September 6, 1967 giving notice that the Commission will make determination on September 13, 1967 without notice of hearing in the matter of the proposed annexation to County Sanitation District No. 5 designated as Annex- ation No. 3. (e) Agenda of Board of Supervisors meetings held i August 29 and September 5, 1967. (f) Copy of Minutes of the Board of Supervisors dated August 29, 1967 pointing out that the Orange County Harbor Department and the Orange County Harbor Commission were authorized to cooperate with the City of Newport Beach on a study of tide- land fees. (g) A letter from the State Controller dated August 25 1967 regarding apportionment of trailer coach fees and setting forth Orange County's apportion- ment net amount for the period January 1, 1967 through June 30, 1967 to be $638,031.94. (h) Notice of a State Lands Commission meeting scheduled for Monday, September 25, 1967 at 10:00 A.M. in Los Angeles at which time the Commission will consider the proposed land exchange in Upper Newport Bay. ayor ATTEST: City Clerk Page 68 a i Index Frwy Hrg eA 69 __ 89 • CITY OF NEWPORT BEACH Volume 21 - Page 69 September 11, 1967 (i) Volumes 1 and 2 of the Record of Public Hearing held April 27, 1967 in Laguna Beach for the Route 1;133 Freeway between the San Diego Free- way and 0.8 mile south of MacArthur Boulevard. It was directed that the Study Session for September 25, 1967 be held at 3:00 P. M. instead of 1 :30 P. M. to allow members of the staff and Council to attend the State Lands Commission meeting to be held that day for the purpose of considering the proposed land exchange in Upper Newport Bay. Mayor Gruber stated that the regularly scheduled Study Session for September 18, 1967 would not be held. Councilman Marshall was granted permission to be out of the City and Country from September 12 to October 5, 1967. The meeting was adjourned at 8:55 P.M. ATTEST: Page 69 yor Motion Ayes COUNCILMEN x Motion x Ayes x x x Motion Ayes x x x x x t!