Loading...
HomeMy WebLinkAbout06/23/1969 - Regular Meeting_�dex W C] A- n. CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 287 Minutes of REGULAR MEETING OF THE CITY COUNCIL ; Date of Meeting: June 23, 1969 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers Z Roll Call: Present x x x x Absent The reading of the Minutes of the Regular Meeting of June 9 and of the Adjourned Meetings of June 4, 16 and 17, 1969 was waived, the Minutes of June 4, 9 and 16 were Motion x approved as written and the Minutes of June 17 were ap- Ayes x x x x proved as amended, and said Minutes were ordered filed. Absent HEARINGS: iliiam/ 1. Mayor Marshall opened the public hearing regarding ioy the appeal of Al William and Mr. and Mrs. Rudy Choy ?peal from the decision of the Planning Commission denying Resubdivision Application No. 265, requesting to ! divide an R -2 lot into two parcels (both of which would have less area than required by ordinance) located at northwest corner of Santa Ana Avenue and Beacon Street, 3000 Beacon Street and 401 Santa Ana Avenue. The appeal letter of Al William and Mr. and Mrs. Rudy Choy was presented with a report from the Planning Director regarding the findings of the Plan- ning Commission. Planning Director Larry Wilson gave a staff report. Appellant Al William spoke from the audience. No one else desired to be heard. Mayor Marshall closed the hearing with the unanimous consent of the Council. The decision of the Planning Commission was sus- Motion x tained, and Resubdivision Application No. 265 was Ayes x x x x denied. Absent 2. Mayor Marshall opened the public hearing in con- asess- nection with Assessment District No. 53 (Newport ment Heights and Balboa. Alleys) for the purpose of deter - istrict 53 mining whether the public convenience and necessity require that proceedings be commenced to construct certain street improvements pursuant to the Improve- ment Act of 1911, being Division 7 of the Streets and Highways Code of the State of California (commencing with Section 5000 thereof), without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, said improvements to consist of the paving of certain alleys in those areas of the City known as Newport Heights and Balboa, as set forth in Resolution No. 6986. Page 287 ldex W 11 CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 288 June 23, 1969 The City Clerk stated that affidavits relating to publi- cation of Notice of Hearing, the mailing of printed Notices of Hearing and the posting of the Notice of Improvements were on file in her office. The Mayor asked the City Clerk if any written pro- tests or objections to the undertaking of said pro- ceedings without first complying with the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 had been received. The City Clerk stated that 212 letters of protest against the Assessment District had been received and letters from Ruth Ashcroft and Edith Torresen, ,Mrs . Richard Tarnowske, and James A. Warren in favor of the Assessment District, stating the work should be put out to bid with both concrete and asphalt paving being quoted and requesting stipulation regarding the grading of the alleys. (Final count of protest letters after duplications were ruled out was 184 owners representing 186? lots.) A written report from the Public Works Director was presented. Public Works Director Joseph Devlin outlined the areas involved in the Assessment District, and stated that he was recommending that the area southerly of Beacon Street be deleted. He reviewed the steps that would be followed in the Assessment District pro= cedure and answered various inquiries from persons in the audience. Mayor Marshall asked if anyone present desired to be heard. R. W. Landrigan, 535 El Modena.Avenue spoke from the audience and stated that he felt the alleys were the City's responsibility; Jim Reed, 465 San Ber- nardino, stated he was against having to pay two assessments for his two lots; Barry Michaelson, 515 Tustin Avenue, asked if there was an alternative available. Nelson Robinson, 505 Fullerton Avenue; H. C. Seiersen, 410 Riverside Avenue; Don Thomas, 527 Santa Ana.Avenue; Ruth Ashcroft, 410 Tustin and 510 Irvine Avenues; and Carl Kymla, 2910 Cliff Drive, spoke from the audience in favor of the pro, posed alley improvements and urged the Council to move ahead on the Assessment District. Page 288 R -7017 District Man 24 • Budget 1969 -70 W CITY OF NEWPORT BEACH Volume 22 -. Page 289 June 23, 1969 Mayor Marshall closed the hearing with the unanimous consent of the Council. Resolution No. 7017, determining that further pro- ceedings for the proposed construction of certain improvements in Assessment District No. 53 be conducted without full compliance with the provisions of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931 ", directing the Public Works Director to prepare plans and specifi- cations for the work, was adopted after the reading of the resolution was waived by unanimous consent of the Council; and the area southerly of Beacon Street was deleted from the Assessment District. 3. Mayor Marshall opened the public hearing in con- nection with Ordinance No. 1307 being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 24, Planning Commission Amendment 255, rezoning pro- perty of The Irvine Company located southeast of the intersection of Bayside Drive and El Paseo Drive fror a C -1 -H to an R -1 District. No one desired to be heard on the matter. Mayor Marshall closed the hearing with the unanimous consent of the Council. Ordinance No. 1307 was adopted after the reading of the ordinance was waived by unanimous consent of the Council. 4. Mayor Marshall opened the public hearing in con- nection with the Preliminary Annual Budget for the Fiscal Year 1969 -70. Dee Cook and Don Elder spoke from the audience opposing the updated employee insurance policy and the fact that it was not put in the competitive bid market. William Kelter, the City insurance broker reviewed the procedure of putting together an employee in- surance package. Page 289 Motion Roll Call Ayes Absent Motion Roll Call Ayes Absent COUNCILMEN 0 Hmnloyees r�surance K_ -7018 ;mPl aye e pomp Plan -7019 _Py Personnel -7020 • �nr?arl r - -- i.imita f. CITY OF NEWPORT BEACH Volume 22 - Page 290 June 23, 1969 The following insurance agents spoke from the audi- ence in favor of the insurance policy being put out to bid: Dick Hilliard, Carl Spitzer, William Warmington and Don Sampson. The Council agreed to take under advisement the Fire Department request for a reduction in work hours and the Police Department request for a one -half step increase for Sergeants and Lieutenants, and to refer the requests to the staff for study and evaluation during the coming year. Jim Reed, member of the Fire Department, thanked the Council for their courtesy to the employees during consideration of the budget. The insurance packet, as proposed, will go into effect July 1, 1969; however, it was the consensus of the Council that a hard look would be given to the insur- ance program and consideration would be given to submitting the program at some later time for public bid. Resolution No. 7018, adopting a Municipal Employee Compensation Plan for 1969 -70, was adopted after the reading of the resolution was waived by unanimous consent of the Council. Resolution No. 7019, designating key personnel positions, was adopted after the reading of the reso- lution was waived by unanimous consent of the Counc Resolution No. 7020, adopting the Budget for 1969 -70 Fiscal Year in the amount of $11, 008, 155, was adopted after the reading of the resolution was waived by unanimous consent of the Council. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1305, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12. 24.070 AND SECTION 12. 24. 080 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO DECREASING PRIMA FACIE SPEED LIMITS AND REPEALING SECTION 12. 24. 060 OF SAID CODE, changing speed limits to 40 miles per hour on East - bluff Drive from Vista del Sol northerly to Jamboree Page 290 COUNCILMEN Motion Roll Call: Ayes Absent Motion Roll Call: Ayes Absent Motion Roll Call: Ayes Absent X1 SnPa(1 Limits • )istrict Inn 17 0 0, CITY OF NEWPORT BEACH Volume 22 - Page 291 June 23. 1 Road and to 35 miles per hour on Westcliff Drive from Irvine to Dover, was presented for second reading. Ordinance No. 1305 was adopted after the reading of the ordinance was waived by unanimous consent of the Council. 2. Ordinance No. 1306, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12. 24.020 OF THE NEWPORT BEACH MUNICIPAL CODE AND ADDING SECTION 12. 24-049 TO SAID CODE RELATING TO INCREASING PRIMA FACIE SPEED LIMITS, changing speed limit to 55 miles per hour on Jamboree Road from Ford Road to Palisades Road, was pre- sented for second reading. Ordinance No. 1306 was adopted after the reading of the ordinance was waived by unanimous consent of the Council. ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1308, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 17, Planning Commission Amendment 257, rezoning pro- perty of Ron Yeo located at 3110 Second Avenue and Jasmine Avenue from an R -2 District to an A -P District, was presented with a report from the City Attorney. Ordinance No. 1308 was introduced and set for public hearing on July 14, 1969. CONSENT CALENDAR: The following items were approved by one motion the actions on the Consent Calendar: 1. The following advisory communications were ordered filed: Announcement from the League of California Cities regarding the 71st Annual Conference to be held in Francisco from September 28 to October 1, 1969. Page 291 0 COUNCILMEN Motion Roll Call: Ayes Absent Motion Roll Call: Ayes Absent Motion Ayes Absent Motion Roll Call: Ayes Absent x 1dex CJ • • CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 292 A Z June 23, 1969 Letter from Lucia Anderson commending the City Arts Committee for providing interesting shows, long range vision and its establishment of goals for both artist and layman. Letter from Katherine Hardwerg urging opposition to the proposed Upper Newport Bay land exchange. Letter from James Berkshire commending Police Chief James Glavas for the fine professional manner in which members of the Police Department did an outstanding job of detection in solving a burglary. Letter from the State Division of Highways regarding acquisition of property at 1700 Kings Road, Newport Beach. Agenda of the Board of Supervisors meetings held June 10, 11, 17 and 18, 1969. Resolution of the City of Carlsbad memorializing the Congress of the United States and the legislature of the State of California to enact legislation which would prohibit oil exploration and production on state and federal tide and submerged lands adjacent to the coast of California between the northerly city limits of the Carlsbad and the Mexican border. The Orange County Grand Jury Report for 1968 and Reports of the Contract Auditor for Orange County Grand Jury for 1968. Fifth and Final Digest of 1969 Assembly and Senate Bills affecting cities. Letter from Paul A. Hanna, attorney representing Mr. and Mrs. Stephen Bonn, alleging a non= conform- ing structure at 1243 Santiago Drive, and copies of replies to Mr. Hanna from the Planning Director, City Attorney and legal opinion submitted by the City Attorney. Resolution of the Board of Supervisors of Orange County stating that all properties within the limits of the City of Newport Beach are exempt from the levy of any tax levied for the fiscal year 1969 -70 by the County of Orange for structural fire purposes. Resolution of Seal Beach approving and agreeing to abide by the Orange County Civil Defense and Disaster Relief Plan. Page 292 F C S F A C K F C A N V C 11 CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 293 2 "" \im m Index i June 23, 1969 2. The following communications were referred as inci- cated: ighway Referred to staff, letter from the State Division of lassif Highways requesting that a functional classification :udy study be made by cities and counties of. California of all highways, streets, and roads. ublic Referred to Mayor for appropriate action, letter from ccess to the Capistrano Bay Park and Recreation District cean requesting support in advising the Board of Super- visors of the public!s disappointment in not allowing public access to the Salt Creek ocean area by the abandonment of Salt Creek Road. • Referred to Pending Legislation Committee, letter from Mayor Neary of the Town of Emeryville request- ing that the City contact members of the Senate ome Rule Finance Committee and ask for opposition to AB 2057 and SB 347 and 839 concerning a form of regional government and encroachment upon home rule. ederal Referred to Pending Legislation Committee, resolution ensus of the City of Signal Hill supporting the enactment of legislation to allow 1970 census questionnaire replies to be on a voluntary basis. nnex Referred to Planning Commission, petition bearing o. 63 eleven signatures of property owners in Santa Ana Heights, expressing their wishes to be annexed to the City of Newport Beach and to be included in Annexation No. 63 previously submitted to LAFC as their pro- perties are all contiguous to the boundary lines sub- mitted, • Referred to staff for reply, letter from Mrs. Donald Martin, Beaumont, protesting parking ticket received on May 30. 3. The following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: ater Resolution No. 7008 authorizing the execution of a ontracts contract to serve water outside the City £o Nicolai & )69 -70 Christ. Resolution No. 7009 authorizing the execution of a contract to serve water outside the City to Standard Oil Company of California. Page 293 CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 294 Xidex June 23, 1969 , Resolution No. 7010 authorizing the execution of a contract to serve water outside the City to Orange County Sanitation District. Resolution No. 7011 authorizing the execution of a contract to serve water outside the City to G. E. Kadane & Sons. Resolution No. 7012 authorizing the execution of a contract to serve water outside the City to Armstrong Petroleum Corporation. Resolution No. 7013 authorizing the execution of an 'r 6565 agreement with Donald L. Bren Co. , subdividers, for the construction of public improvements in Tract No. 6565, and rescinding Resolution No. 6984 which . authorized the execution of a similar agreement with Newport Hills, Inc., a wholly owned subsidiary of Donald L. Bren Co. ,11ey Resolution No. 7014 awarding a contract to Coxco, .Psurfacg- Inc., in the amount of $100, 833. 40, for alley improve leconst ments, Corona del Mar and Balboa Island, 1968 -69, 8 -69 Contract No. C -1106. (A report from the Public Works Director was presented.) gal Is Resolution No. 7015 awarding. a contract to Healy ;hannel Tibbitts Construction Co., in the amount of ewer $28, 000. 00 for Balboa Island Channel sewer force 'orce main, Contract No. 1223. (A report from the Public `min Works Director was presented.) 'M Cnty Resolution No. 7016 approving an agreement with the ater Dist Costa Mesa County Water District to provide mutual • emergency aid. (A report from the Public Work$ Director was presented.) :laima for 4. The City Clerk's referral of the following claims to Images the insurance carrier was confirmed: •rmstrong Claim of Duane A. Armstrong for damage to concrete .garage apron allegedly caused by water pressure from a broken city water main in alley back of his residence at 702 Jasmine Avenue, Corona del Mar. :royles . Claim of Betsy Broyles for damages to her car allegedly sustained when she was involved in a col- lision with a City truck. :ahcock Claim of Mike Babcock for reimbursement of $13. 50 paid by him for release of his car from storage after it was towed away from in front of his residence. Page 294 CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 295 i° v C, A 2 1 index June 23, 1969 amboree 5. The Jamboree Road median landscaping (water service 'Load construction), Contract No, 1225, was rebudgeted to ?@than the Fiscal Year 1969 -70. (A report from the Public ,andscapng Works Director was presented.) 6. The following Budget Amendments were approved: C -90, $34,444 transfer of Reserve for Note Receivable to Unappropriated Surplus resulting from second installment payment by Anthony Pools, Inc. on pur- chase of South Coast property. C -91, $439. 00 transfer of Budget Appropriations for City's share of special audit of the Municipal Court of the Orange County Harbor Judicial District (to be paid jointly by the cities of Newport Beach and Costa Mesa) • from Unappropriated Contingency Reserve to Budget Appropriations, Services - Professional, Technical, General Fund. (A report from the City Manager was presented.) CONTINUED BUSINESS: 1. Resolutions of the Local Agency Formation Com- mission approving the following. annexations to the ations City of Newport Beach were presented: 4, 65, 66 Annexation No. 64 (East Coast Highway -CdM) Annexation No. 65 (Coast Highway�Arches) Annexation No. 66 (Santa Ana River -West Coast Highway) The City Attorney was directed to prepare the neces- Motion x sary resolutions approving said annexations to the Ayes x x x x x x • City of Newport Beach. Absent CURRENT BUSINESS; 1. A report from the Public Works Director regarding ?aster request to the Advisory Committee to revise the Ilan- Orange County Master Plan of Arterial Highways was trs /Hwys presented with reports from the Planning Director regarding Master Plan Amendments No. 22 (Newport Freeway) and No. 23 (32nd Street). -7021 Resolution No. 7021,, advising the Arterial Highway Financing Program Advisory Committee of certain changes in the Master Street and Highway Plan of the Pose 295 CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 296 June 23, 1969 City of Newport Beach be adopted into the Co Plan and made eligiblf Highway Financing PI; of the resolution was the Council; and Masti No. 23 were set for pi Short St. Z. A report was presente Bulkhead Director regarding Sh and requesting that said changes Street and 32nd Street 1224. R -7022 Resolution No. 7022, Marine, Inc, in the ar e for inclusion in the Arterial adopted after the read by unanimous consent Ln, was adopted after the reading 3. The staff was directec Civic an architect for preps, Center connection with the ne project. :r Plan Amendments No. 22 and 4. City Manager Harvey Ipecial of the Intl Society for Event South LaCienega Boul, exempt Special Event d from the Public Works Permit. The City Manager's v Employee' 5. A letter from William Inewnce submitting a formal c installation of the Cit} ordered filed. Bd & Cmsr 6. The Appointments Coi Appts for reappointment to 1 ation Commission, W vacancy created by th term on the Planning Brown to serve the re Curtis' unexpired teri The nominations of th approved, and Rolly I Parks, Beaches and I four year term beginr IVA xl xi xi and requesting that said changes anty Arterial Highway Master e for inclusion in the Arterial Ln, was adopted after the reading Motion vaived by unanimous consent of Roll Call: :r Plan Amendments No. 22 and .Ayes x x 3 tblic hearing on July 14, 1969. Absent d from the Public Works ort Street bulkhead and Short tidal structures, Contract No. awarding contract to Penhall Motion x count of $15, 709. 98, was Roll Call: ing of the resolution was waived Ayes x x I of the Council. Absent to - prepare an agreement with Motion x ration of preliminary plans in Ayes x x x xt phase of the Civic Center Absent Hurlburt reported on the request Krishna Consciousness, 1975 :yard, Los Angeles, for a fee and Religious Solicitation :rbal report was accepted. Motion Ayes x x Absent C. Warmington & Associates :)mplaint regarding the proposed Motion z ,'s new insurance program was Ayes x x a Absent nmittee nominated Rolly Pulaski he Parks, Beaches and Recre- dliam B. Martin to fill the expiration of Ray Copelin's Commission and George W. maining two years of Dave n on the Planning Commission. Appointments Committee were 'ulaski was reappointed to the recreation Commission for a ing July 1, 1969, William B. Page 296 IVA xl xi xi .,,Lpdex :pl Fr top Si ;easho )r /36t :_ -702' hl iznrty; 1 ,egis A CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 297 June 23, 1969 x x x K x K x K x L4 Martin was appointed to the Planning Commission for a four year term beginning July 1, 1969 and George W. Brown was appointed to fill vacancy on the Planning Motion x Commission for a two year term beginning July 1, Ayes x x x x x 1969• Absent ADDITIONAL BUSINESS: 1. The telegram from the State Highway Engineer WY advising that the California Highway Commission intends to consider the adoption of a freeway location on State Highway Route 44 in Orange County between Route 1 Highway and Bay Street was presented. The staff was directed to indicate to the State Highway Commission that the City of Newport Beach would not Motion x request that a public hearing be held as the matter Ayes x x x x x had been adequately discussed. Absent gn 2. Resolution No. 7023, designating intersections at re which vehicles are required to stop and directing the h Traffic Engineer to erect necessary stop signs on Motion x Seashore Drive at 36th Street, was adopted after the Roll Call: reading of the resolution was waived by unanimous Ayes x x x x x consent of the Council. Absent 3. A Minute Resolution was adopted supporting Assembly= Motion x iry man Unruh's bill which would prohibit any new oil Ayes x x x x x drilling in the channel, Absent Mayor Marshall's request to be absent from the City from Motion x July 2 to July 13, 1969 was approved. Ayes x x x x x Absent The meeting was adjourned at 12:15 A. M. Motion x Ayes x x x x Absent Mayor ATTEST: City Clef Page 297 x x x K x K x K x L4