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HomeMy WebLinkAbout11/28/1966 - Regular MeetingIndex 0. Public Hearin 0 -1193 CA -10 CA -103 • 0 0 -1195 CA -11 CITY OF NEWPORT BEACH Volume 20 - Page 132 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: November 28, 1966 Time of Meeting: 7:30 P.M. COUNCILMEN a p w A o m m oy @o cry ..e. . vv... \ 1 I 1 1 1 Roll Call: Present X X X X X X X The reading of the Minutes of the Regular Meeting of November 14, 1966 was waived, and said minutes were Motion x approved as written and ordered filed. Ayes X X X X X X X HEARINGS: 1. Mayor Gruber opened the public hearing in connection with Ordinance No. 1193, being, g AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20. 20. 030 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO PLANNING AND ZONING, Planning Commission Amendment No. 226, which proposes to bring the C -N zone into line with the other commercial zones and authorizes the Planning Commission to permit non - flashing signs not appurtenant to any permitted use. i No one desired to be heard from the audience. 1 a< 3 The hearing was closed. Motion x ' Ayes xxx xxx x With the unanimous consent of the Council, Mayor Gruber stated that the further reading of the ordinance was waived. Ordinance No. 1193 was adopted. Motion x Roll Call: Ayes xxxx X Noes x ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1195, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 10. 50 TO TITLE 10 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO PUBLIC NUISANCE ABATEMENT, was presented with a memorandum from the City Attorney dated November 22, 1966. Councilman Parsons made a motion to introduce Motion x Ordinance No. 1195 and to pass to second reading. • discussion was had. • vote was taken on Councilman Parsons' motion, Roll Call: and Ordinance No. 1195 was introduced and passed Ayes x x x x x x to second reading on Decemb 66 Abstaining x ATTEST: Mayor Page 132 Acting City Cle z 0 C! Q C I P b a CITY OF NEWPORT BEACH Volume 20 - Page 133 Index November Z8, 1966 COUNCILMEN N Oy N A T m A � ORDINANCES FOR ADOPTION: 1194 1. Ordinance No. 1194, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING CHAPTER 10.48 OF TITLE 10 OF THE NEWPORT BEACH MUNICIPAL CODE AND ADDING A NEW CHAPTER 10.48 THERETO RELATING TO WEED AND RUBBISH ABATEMENT, -11 as amended November 14, 1966, 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. 1194 was adopted. Motion x Roll Call: Ayes X X X X X X CONTINUED BUSINESS: 1. A progress report from the City Manager regarding L -1191 revision of Ordinance No. 1191, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTIONS 10.28.040, 10.28.050, AND 10.28.060 TO CHAPTER 10.28 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO NOISE ARISING FROM CONSTRUCTION ACTIVITIES, L -182 was presented. Councilman Parsons made a motion to authorize the Motion x staff to revise Ordinance No. 1191 as recommended . by the City Manager. • discussion was had. • vote was taken on Councilman Parsons' motion, Ayes x x x x x x 3 which motion carried. CURRENT BUSINESS: aprvmt 1. A memorandum was presented from the Public Works Lacentia Director dated November 28, 1966, regarding .wn 15th cooperative project with the County of Orange for id 16th ts. improvement of Placentia Avenue between 15th and 16th Streets. ATTEST: Oftayor c ing City Cle Page 133 Index • R -6467 Orange C C -1081 CA -29 Frisbee Interim Report CA -112 Resub. 231 CA -129 • • Vacation Ocean Fr R -6468 R -6469 CA -14 0 November 28, 1966 2 3 0 CITY OF NEWPORT BEACH Volume 20 - Page 134 COUNCILMEN s Motion p y N p " m p O A agreement with the County of Orange for the Roll Call: Resolution No. 6467, authorizing the execution of an Motion x agreement with the County of Orange for the Roll Call: improvement of a portion of Placentia Avenue, was Ayes KXXXXX adopted. A letter dated November 10, 1966 from Ira N. Frisbee & Co., being an interim report regarding the services and findings of the auditors, was presented. The interim report from Ira N. Frisbee & Co. was Motion received and ordered filed. Ayes x x x x x x: Resubdivision No. 231: (a) A memorandum was presented from the Planning Commission dated November 23, 1966 regarding Resubdivision No. 231 filed by Mrs. Juanita Denni and Eugene C.and Luethel Houston requesting permission to resubdivide two 30' lots (Lots 5 and 6) and the westerly 20' of Lot 4 into two 40' parcels (each having 3, 000 square feet of lot area and being 40' x 75' in size), 6106 and 6110 West Ocean Front, Newport Beach, Seashore Colony Tract, Block A, Zone R -2. Planning Director Ernest Mayer gave a report on subject resubdivision. Resubdivision No. 231 was approved, subject to Motion x the following conditions: Ayes x x x x x x (1) The structure on Parcel "A" be demolished; (2) The alley easement and proposed street vacation be recorded prior to recordation of the resubdivision; (3) The alley be improved adjacent to the resubdivision in accordance with requirements of the Public Works Department; and (4) Improvement plans be prepared on standard size sheets by a licensed civil engineer. Resolution No. 6468, adopting a map showing a portion of a certain street known as Ocean Front Motion x which is proposed to be vacated, closed up and Roll Call: abandoned, was adopted. Ayes x x x x x Resolution No. 6469, a resolution of the City Council of the City of Newport Beach declaring its intention to order the closing up, vacation and abandonment of a portion of a certain street Motion known as Ocean Front; setting the public hearing Roll Call: for December 12, 1966, was a pte Ayes x x x x x x TTEST: Mayor Page 13 A,V+i-A� Citir Clerk LIA � K I X1 Cs F F F 1 7 CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 135 nT .Yl --. IQ laid. (b) A letter from Mrs. Juanita Denni dated November 17, 1966 requesting curb cut for garage A -30 entrance on 62nd Street if resubdivision is approved, was referred to staff for review and Motion x report. Ayes x x x x x x x -6470 4. Resolution No. 6470, accepting a Grant of Easement eit9 from Marven J. and Ina Sue Reitz for street and Motion x asement highway purposes at the intersection of 15th Street Roll Call: 5th & and Irvine Avenue, was adopted. Ayes x x x x x x x rvine A -29 5. A memorandum was presented from the Public Works Director dated November 28, 1966 regarding acceptanc ccept of improvements in Tract 5692 (Vista Laredo, Vista de mprvmts Oro). 'r 5692 .A -23 This item was deferred until later in the meeting when a vicinity map could be presented. . 6. A memorandum was presented from the Public Works =end Director dated November 28, 1966 regarding iubdiv. Subdivision Agreement and Bonds for Tracts No. 5463 Lgrmts and 5798. Cracts i463 & (a) Resolution No. 6471, authorizing the execution of Motion x 1798 an Amendment to Subdivision Agreement on Roll Call: Tract 5463, was adopted. Ayes x x x x x x x t -6471 t -6472 (b) Resolution No. 6472, authorizing the execution Motion x of an Amendment to Subdivision Agreement on Roll Call: ;A -23 Tract No. 5798, was adopted. Ayes x x x x x x x (c) The reduction in the amounts for new Bonds was approved, the City Clerk was authorized to Motion x release the existing Faithful Performance Bonds, Ayes x x x x x x x and the City Clerk was authorized to release the Labor and Material Bonds-'in six months provided • no claims have been filed. Consideration of Item 5 was resumed, and the General Development Plan of the Bluffs was displayed. The public improvements constructed in conjunction with Tract 5692 were accepted, the City Clerk was authorized Motion rR 5692 CA_ 23 to release the Faithful Performance Bonds, and the City Ayes x x x x x x x Clerk was authorized to release the Labor and Material Bond in six months provided no claims have been filed. ATTEST: or Acting City Clerk V • Page 135 I Index r� LJ Imprvmt 8ayside Di pacific Coast Higl to Aloha i C -1064 CA -29 Annex 58 yr R -67x73 Intent to Annex CA -108 Accept fi work at city dump CA -38 R -6474 • CA -, Communit; Cablevisi request re tempos TV Servi< CA -179 0 CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 136 O A y2 AG C, P f O O TAT ,..,. -... h.... 70 101.(. N N �` A F Z 7. A memorandum was presented from the Public Works Director dated November 28, 1966 regarding improve- ment of Bayside Drive from Pacific Coast Highway to Aloha Drive (C- 1064). wy The plans and specifications were approved, and the Motion x r City Clerk was authorized to advertise for bids to be Ayes X x x x x x x opened at 10:00 A.M. on December 19, 1966. 8. Proposed Annexation No. 58 (Uninhabited); A memorandum from the Planning Director dated November 25, 1966 regarding proposed Annexation No. 58 was presented with a letter dated November 14, 1966 from Carpenter and Rutter, Attorneys for Petitions, regarding petition to annex certain property into the City of Newport Beach. Resolution No. 6473, a resolution of the City Council of the City of Newport Beach declaring its intention to annex to the City certain property known as Annexation No. 58 and giving notice thereon; setting Motion x the hearing thereon for 7:30 P. M. on the 12th day of Roll Call: December, 1966, was adopted. Ayes x x x x x x x 1 9. A memorandum was presented from the City Manager dated November 28, 1966 regarding acceptance of work done by the Sully- Miller Contracting Company at the City dump to fill an excavated water hazard. Subject work was accepted as completed on or before Motion x the November 9, 1966 deadline, and the Sully- Miller Ayes x x x x x x x Contracting Company was released from further liability. 10. Resolution No. 6474, amending Resolution 6378 which established off - street parking meter zones and Motion x regulations for the operation of parking meters, was Roll Call: adopted. Ayes x x x x x x x 11. A written request from the Community Cablevision Company to provide temporary TV service to the n Richard Smith Tract No. 6113 in Harbor Hills was ry deferred until later in the meeting for the arrival of Mr. Wayne Hauser of the Community Cablevision Company. ATTEST: ayor Acts g City Clerk' Page 136 I I Index • Harbor Permit A- 1011 -5 CA -130 CATV CA -179 • Harbor Permit A -1130- CA -130 40 CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 137 s j0 r �n m O p O T p 7 � m0 C (� O NnvPmhcr 7R 1Qii /� N ,Z,, f Imo X a 1 C C 4 APPLICATIONS FOR HARBOR PERMITS: 1. A memorandum was presented from the Public Works Director dated November 28, 1966 regarding Harbor Permit Application No. A- 1411 -R -1 of William D. Clark -1 to construct a bulkhead in front of property, and return walls along the side of property at 227 20th Street, Newport Beach. Harbor Permit Application No. A- 1411 -R -1 was Motion x approved. Ayes xxxxx x CURRENT BUSINESS CONTINUED: Upon the arrival of Mr. Wayne Hauser, Manager of the Community Cablevision Company, Item 11 was resumed. Mr. Hauser spoke from the audience and stated request was for temporary service to new residents in Tract No. 6113 on a gratis basis pending outcome of CATV franchise. A discussion was had. Mr. Hauser requested permission to withdraw his letter. i The request of Mr. Hauser to withdraw subject letter was Motion accepted. Ayes xxxxx x APPLICATIONS FOR HARBOR PERMITS CONTINUED: 2. A memorandum was presented from the Public Works Director dated November 28, 1966 regarding Harbor Permit Application No. A- 1134 -R of Mrs. E. A. Smith to widen and lengthen existing slip float bayward of Lot 7, Bay Island. Harbor Permit Application No. A- 1134-R was approved Motion x subject to the following conditions: Ayes xxxxxx (a) The slip be moved 3 feet northerly so that it will conform to the 5' setback requirement, and (b) No boats be moored outside the slip. ATTEST: lKayor Ac�ty Clerk Cl Page 137 i C C 4 4 Su Co Se In Co CA I L CI Da CA Cb Ar tic W CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 138 s O� Z ✓' P `p f O C F wr _______t K x COMMUNICATIONS -REFERRAL: mmons & 1. A memorandum from the City Attorney dated mplain t shore eshore November 17, 1966 regarding Seashore Investment vestment Company v. County of Orange, City of Newport Beach, et al - Superior Court No. 150201, was presented with -169 the Summons and Complaint for Money, alleging that the County Assessor in determining the assessment to be made against plaintiff for the purpose of fixing the amount of real property tax due for the fiscal year 1964 -65, erroneously and illegally assessed the adjoining property in that it assessed said property to the plaintiff rather than to The Irvine Company and alleging that no part of said adjoining property nor any taxable interest therein belonged to or was assessable to plaintiff. The City Attorney's referral of the above entitled case to the County Counsel was confirmed, and Motion x authorization was given to the County Counsel to appear Ayes x x x x x x and defend the interests of the City in the lawsuit. 2. The following claims for damages were denied and the Motion x� City Clerk's referral of the matters to the insurance Ayes x x x x x x aims mages carrier was confirmed: -84 (a) Claim of Inter - Insurance Exchange of the Auto Club of Southern California as Subrogee of Walter adburn Chadburn for damages allegedly caused when the interior of his car was flooded by a fire hose which broke while a City employee was working on a water main in the area of 45th Street and Channel Place, on October 26, 1966. (b) Claim of Dr. Ralph Anderson, owner of Newport derson Channel Inn Motel, 6030 W. Coast Highway, for broken door and lock allegedly caused by police officers during a burglary investigation on October 14, 1966. (c) Claim of Robert McFarren for damages to supplies Farren and carpeting of The Mug Shop, 3024 E. Coast Highway, Corona del Mar, allegedly caused by a plugged drainage outlet on November 7, 1966. (d) Claim of William Verdult allegedly caused when a rdult City trash truck backed into his car at 514 W. Balboa Boulevard on November 10, 1966. ATTEST: or Ac ing City Cle k r Page 138 I K x Index • Tang Corona de Her Chamber of Coma request for sound amplify equipmt and Place colorec lights parkisa3 trees CA -7 CA-- Mosquii Abatem Dist. Bd. Truste4 CA -59 (Dump site fo boa •xepa and dr storag CA -38 Local contro ABC licens CA -156 • CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 139 s °cl�,icoo ...v - - -I - -- (e) Claim of Raymond Tang for damages and personal injuries allegedly caused on September 4, 1966 when his car was struck by a City police car. 3. A letter from Corona del Mar Chamber of Commerce dated November 22, 1966 requesting approval and permit to amplify and project Christmas music via loud rCe speaker at Warren Stereo, 2816 East Coast Highway, from December 1 to December 31, 1966, and to place colored lights in the trees located in the parkway in front of the businesses along Coast Highway, was considered. The request to place colored lights in the trees was denied, but decoration of the trees in the customary Motion x n manner was approved; and the sound system requested Ayes x x x x x x x was permitted, subject to the filing of the appropriate application for sound amplifying equipment and subject 3 to whatever limitations the City Manager and Police Department may impose. 4. A letter from the Orange County Mosquito Abatement District dated November 22, 1966 stating that the I two year term of office of Newport Beach representative Mr. A. Sandy Steiner, on the Board of Trustees will s expire at the end of this year, and requesting reappointment of Mr. Steiner, or a successor to him, for the next two year term of office ending December 31, 1968, was considered. Mr. A. Sandy Steiner was reappointed as a member of Motion x the Board of Trustees of the Orange County Mosquito Ayes x x x x x x Abatement District for a term of two years. 5. A letter from Jack Barnett, Executive Manager of the Newport Harbor Chamber of Commerce, offering the suggestion that the City dump site be converted into a •r boat repair and dry storage yard, was referred to the Motion x staff for inclusion in the general study on the City Ayes x x x x x x x dump site, and Mr. Barnett was highly commended for his suggestion. 6. A letter from the Clerk of the Council of the City of Santa Ana dated November 16, 1966 enclosing a resolution adopted by the Santa Ana City Council Ing supporting local control of alcoholic beverage licensing, was referred to the City Attorney for preparation of Motion x an appropriate resolution to be brought back to Ayes xxxxxxx Council for approval. ATTEST: ayor 4 e4 Acting City Clerk Page 139 I Index • Request re the in front of propert3 E Coast 11gway CA-35 Parking Meters Balboa Peninsu: CA -20 • Sand re• plenish ment Balboa Island CA -tag CA -102 • CA -55 0 CITY OF NEWPORT BEACH Volume 20 - Page 140 N.,.,o...hc. 7R lq(,A COUNCILMEN s 1 p Y N F T A Z f F O i x C 3 x a1 i x x x 7. A letter from Architect Norman Pedersen, representing Mr, and Mrs. Ed. B. Welcome, requesting permission to set hexagonal quarry tile in reinforced concrete in front of property at 3545 East Coast Highway, Corona Motion x del Mar, was referred to the staff for review and report Ayes X x x x ADDITIONAL BUSINESS: 1. The following Minute Resolution was adopted: Motion x Roll Call: IT IS HEREBY DIRECTED that the parking Ayes x x x x meters in the Balboa Peninsula business district be covered and that no charge be made for the a use of said meters during the Christmas holidays, effective December 15, 1966, and continuing to and including January 2, 1967. 2. The recommendations of the Joint Harbor Committee were approved in connection with sand replenishment Motion and dredging around Balboa Island, and the staff was Ayes x x x x directed to prepare any necessary joint powers agreements and to include $1, 500 in the Proposed Budget for 1967 -68 for the City's share of the cost. This amount is to be matched by the County Harbor District, and the money is not necessarily to be spent each year. BUDGET AMENDMENTS: 1. The following budget amendment was approved: Motion x Ayes x x x x C -28, $150 transfer of Budget Appropriations for purchase of an air impact wrench from Equipment Maintenance - Maintenance & Repair of Equipment to General Services - Equipment Maintenance, Capital Outlay. COMMUNICATIONS - ADVISORY 1. The following communications were ordered filed, and Motion the staff was directed to give special consideration to Ayes x x x x having someone attend the Labor Relations Institute meeting mentioned in Item (a): (a) A letter dated November 14, 1966 from Duane Winters, Director of Orange County Division of League of California Cities regarding matters discussed at the last meeting of the Orange County Division. ATTEST: May �4M ���GiiActing City Clerk Page 140 x C 3 x a1 i x x x Index November 28, 1966 * (b) CA -69 (c) CA -99 CA -179 I (d) CA -12 (e) CA -53 (f) A DDI Lido Shops 1. Th Lease of ag Parking to Spaces AE CA -38 CA -20 fo: CA -79 ye 2. Cc CA -66 ba pr 19 • Cc un pr au re fa re in Th fa ATTI ActW.. a CITY OF NEWPORT BEACH Volume 20 - Page 141 COUNCILMEN s O A O moymo �,ra 1. \ , \ 1 I 1 A notice of the California Highway Commission meeting to be held December 14, 1966 in Sacramento. A letter from the Federal Aviation Agency regarding its evaluation of Macco Realty Company's proposal to establish a helistop at 880 Dover Drive, Newport Beach, and stating that objections were received and made known to Macco who then requested the aeronautical study be discontinued, and the Federal Aviation Agency has terminated its study of the case. November issue of the Orange County Press Club Reporter. Minutes of the regular meeting of the Orange County Water District Board of Directors held on November 9, 1966. Copies of agenda of the Board of Supervisors meetings held November 14 and 22, 1966. PIONAL ITEMS: e City Manager was authorized to enter into an Motion x reement with the Lido Shops Association to lease up Ayes x x x x x x 30 parking spaces in front of City Hall to the Abstairnng x sociation, at a charge of 25 cents a day per space, a period terminating at the end of this calendar ir. uncilman Parsons requested permission to bring ck the matter of a communication which was esented to the Council at the meeting of November 14, 56 in connection with a resolution of the City uncil of the City of Long Beach reaffirming its equivocal and vigorous opposition to any legislative oposal which would result in the City's loss of any tonomy over its harbor or airport facilities; and questing other cities in the State having similar ;ilities to join with the City of Long Beach in sisting to the utmost any such sinister threat to the iependence of California cities. estaff was directed to make inquiry and to find out Motion x its behind subject resolution. Ayes Y x x x x x x ;ST: yor r g 'City Clerk Page 141 Index Nnvamhar 28_ 1966 CA-91 CA -91 11 • is CITY OF NEWPORT BEACH Volume 20 - Page 142 COUNCILMEN oyvA "m a 0 m ovmoA�a c 3. Mayor Gruber stated that the regular meeting of December 26, 1966, which falls on a holiday, would be held on December 27, 1966 in accordance with Section 407 of the City Charter. 4. Mayor Gruber requested permission to be absent from the State from December 15, 1966 to January 5, 1967. The request of Mayor Gruber was granted. Motion x Ayes x xxx xxx The meeting was adjourned at 9:05 p.m. Motion x Ayes x xx xxx x ayor ATTEST: Ading City Clerk Page 142 I