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HomeMy WebLinkAbout06/24/1968 - Regular MeetingInd, • BIgf 1968- • Distr Map 30 L CITY OF NEWPORT BEACH Volume 21 - Page 325 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: June 24, 1968 Time of Meeting: 7:30 P.M. COUNCILMEN Roll Call: Present x xxx x Absent x x The reading of the Minutes of the Regular Meeting of June 10 and of the Adjourned Regular Meetings of June 11, Motion x 17 and 18, 1968 was waived, and said Minutes were ap- Ayes x x x x x proved as.written and ordered filed. Absent x x Mayor Marshall presented to Councilman Paul J. Gruber a Resolution of Commendation and a Certificate of Appreci- ation from the Orange County Sanitation Districts in recog- nition and appreciation of his dedicated service to the Districts. HEARINGS: 1. Mayor Marshall opened the continued public hearing in !t connection with Preliminary Annual Budget for the 69 Fiscal Year 1968 -69. Mayor Marshall inquired if anyone present desired to be heard. No one spoke from the audience at that tim e. The hearing was continued to 7:30 P. M. on June 25, Motion x .1968. Ayes x x x x x Absent x x ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1257, being, . AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 30, ict Planning Commission Amendment No. 243, rezoning a Vo. portion of Blocks 5 and 51 of Irvine's Subdivision and a portion of Lot 5, Tract 706, from an Unclassified District to an R -3 -B -2 District, was presented with the findings of the Planning Commission. Planning Director Ernest Mayer, Jr. reported on the findings o£ +the Planning Commission. Ordinance No. 1257 was introduced and set for public Motion x hearing on July 8, 1968. Roll Call: Ayes x x x x x Absent x x Page 325 CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 326 2 \,'iz Index June 24, 1968 N � f` 1lnn 'o. "od Ann, No. Mod 4 Dog Lice F- L ' 2. Proposed Ordinance No. 1258, being, >Xation AN ORDINANCE OF THE CITY OF NEWPORT 59 - BEACH APPROVING THE ANNEXATION TO THE en CITY OF NEWPORT BEACH OF CERTAIN IN- HABI TED TERRITORY DESIGNATED AS "MODEN ANNEXATION NO. 59" WHICH IS CONTIGUOUS TO THE CITY OF NEWPORT BEACH, UPON THE TERMS CONTAI NED I N THE QUESTI ON SUBMI T- TED AT A SPECIAL ELECTION HELD IN SAID TERRITORY ON THE 21ST DAY OF MAY, 1968, was presented with a memorandum from the City Attorney dated June 17. Ordinance No. 1258 was introduced and passed to Motion X second reading on July 8, 1968. Roll Call: Ayes x x x x X ' Absent x x 3. Proposed Ordinance No. 1259, being, :xatio AN ORDINANCE OF THE CITY OF NEWPORT 59 - BEACH ADDING CERTAIN TERRITORY TO THE en FOURTH DISTRICT OF THE CITY AND REVISING THE DESCRIPTION OF THE BOUNDARY LINES OF COUNCILMANIC DISTRICT NO. 4, was presented with a memorandum from the City Attorney dated June 18. Ordinance No. 1259 was introduced and passed to Motion x second reading on July 8, 1968. Roll Call: Ayes x X X X X Absent x x ' 4. Proposed Ordinance No. 1260, being, AN ORDINANCE OF THE CITY OF NEWPORT nses BEACH AMENDING SECTION 7. 04. 060 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO DOG LICENSE TAXES, increasing the annual fee to $5. 00 for each dog, was presented with a memorandum from the City Attorney dated June 17. Ordinance No. 1260, as amended, was introduced and Motion x passed to second reading on July 8, 1968. Roll Call: Ayes x X X X X Absent x x Page 326 Index Parking Fines Motion Picture TV Feei Under- ground Utilities CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 327 June 24, 1968 5. Proposed Emergency Ordinance No. 1261, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.44. 110 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO OVERTIME PARKING IN PARKING METER ZONES, creating three sub - sections to prohibit overtime parking in recreational areas, commercial areas, and combina- tion recreational- commercial areas, was presented with a memorandum from the City Attorney. Emergency Ordinance No. 1261, as amended, was Motion x adopted after the reading of the ordinance was waived Roll Call: by unanimous consent of the Council. Ayes x x x x x Absent x x 6. Proposed Ordinance No. 1262, being, AN ORDINANCE OF THE CITY OF NEWPORT & BEACH ADDING CHAPTER 5.46 TO TITLE 5 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO REGULATION OF MOTION PICTURE AND TELEVISION PRODUCTIONS ON PUBLIC PROPERTY, requiring an application fee of $100 for the purpose of covering the cost of investigating the application, and a fee of $35 per day in lieu of a City business license, was presented with a memorandum from the City Attorney dated June 17. Ordinance No. 1262 was introduced and passed to Motion x second reading on July 8, 1968, Roll Call: Ayes x xxxx Absent x x 7. Proposed Ordinance No. 1263, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 1. 5.32 TO THE NEWPORT BEACH MUNICIPAL CODE ESTABLISH- ING REGULATIONS AND PROCEDURES FOR THE REMOVAL OF OVERHEAD UTILITY FACILITIES AND THE INSTALLATION OF UNDERGROUND FACILITIES IN UNDERGROUND UTILITY DIS- TRICTS, was presented with a memorandum from the City Attorney dated June 19. Ordinance No. 1263 was introduced and passed to Motion x second reading on July 22. Roll Call: Ayes x xxxx Absent x x Page 327 i Tr Oc T a, Bi Re tic Ju Se M PI Sa Su CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 328 i m p N p i P -.n anLo ' ORDINANCES FOR ADOPTION: 1. Ordinance No. 1255, being, insient AN ORDINANCE OF THE CITY OF NEWPORT :upancy BEACH AMENDING SECTIONS 3.16. 020 AND K 3. 16.030 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO UNIFORM TRANSIENT OCCUPANCY TAX, increasing the Uniform Transient Occupancy Tax rate from 4% to 51o, effective October 1, 1968, and extending the period of occupancy to thirty days, was presented for second reading. Ordinance No. 1255 was adopted after the reading of the Motion x ordinance was waived by unanimous consent of the Roll Call: Council. Ayes x x x x x . Absent x x 2. Ordinance No. 1256, being, zycle AN ORDINANCE OF THE CITY OF NEWPORT gula- BEACH AMENDING SECTION 12.56. 140 OF THE ns NEWPORT BEACH MUNICIPAL CODE RELATING TO OPERATING BICYCLES ON SIDEWALKS, to permit bicycles to be ridden on the south half of the Ocean Front sidewalk between the Ocean Front parking lot and 24th Street in addition to presently permitted locations, was presented for second reading. Ordinance No. 1256 was adopted after the reading of the Motion x ordinance was waived by unanimous consent of the Roll Call: Council. Ayes x x x x x Absent x x CONTINUED BUSINESS: dicial 1. A memorandum was presented from the City Attorney lection dated June 14 regarding the proposed California Merit :rit Plan for Judicial Selection. an The City Attorney was directed to prepare a resolution Motion x supporting the proposed Plan and to present it to the Ayes x x x x x Council at the adjourned meeting of June 25. Absent x x lary 2. Consideration of the Griffenhagen - Kroeger Salary Motion x rvey Recommendations Study was diaried for the adjourned Ayes x x x x x meeting of June 25. Absent x x Page 328 .A -a vVt. 'ub ,nn !AT .ex '01 I Aut l el con ys PC Wil I Ph; CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 329 Y O A Z Z� O Y T A GT I. AJ T -- 'ld IQ( Q 3. A memorandum was presented from the City Manager .ces - regarding contract for publication of legal notices. Lica- Arvo Haapa, publisher and owner of the Newport Harbor Ensign, spoke from the audience. Resolution No. 6795, awarding a contract to Newport Harbor Ensign for the publication of legal notices and other matter and designating an official newspaper for Motion x publication of notices, was adopted after the reading of Roll Call: the resolution was waived by unanimous consent of the Ayes x x x x x Council. Absent x x RESOLUTIONS FOR ADOPTION: bor mit 1. Resolution No. 6796, amending Subsection A of Section lcy 12 of Harbor Permit Policies relating to schedule of Motion x fees for new pier permits and pier permit transfers, Roll Call: was adopted after the reading of the resolution was Ayes x x x x waived by unanimous consent of the Council. Absent x t; -Kit 2. Resolution No. 6797, authorizing the execution of an agreement with the Orange County Peace Officers Motion x Association, Inc, for the leasing of an Identi -Kit for Roll Call: the 1968 -69 fiscal year, was adopted after the reading Ayes x x x x x of the resolution was waived by unanimous consent of Absent x x the Council. nmatic 3. Resolution No. 6798, authorizing the execution of a e- joint agreement for the operation of the Orange County imunic Automatic Telecommunications System between the Motion x ng County of Orange and various cities for a term of five Roll Call: tem years, was adopted after the reading of the resolution Ayes x x x x x was waived by unanimous consent of the Counci. Absent x x It was the consensus of the Council that routine annual agreements not exceeding $2Q0 should be handled administratively by the City Manager. 3 4. A memorandum was presented from the Public Works lening Director regarding the receipt of five bids in connection ABC with the widening of Pacific Coast Highway adjacent to ,se I the Balboa Bay Club (C- 1082). Resolution No. 6799, awarding contract to R. W. McClellan & Sons for $19, 706.48, was adopted after Motion x the reading of the resolution was waived by unanimous Roll Call: consent of the Council; and the Finance Director was Ayes x x x x authorized to encumber funds in the amount of $22, 000. Absent x x 5. A memorandum was presented from the Public Works Director regarding the receipt of six bids in connection Page 329 CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 330 Index June 24, 1968 322 St. with the resurfacing of 32nd Street from Newport Resurfac- Boulevard to Lafayette Avenue (C- 1163). ing Resolution No. 6800, awarding contract to Sully- Miller Construction Company for $12, 787. 50, was adopted after.the reading of the resolution was waived by unanimous consent of the Council; and the Finance Director was authorized to encumber funds in the amount of $14, 000. Zoning & 6. A memorandum was presented from the City Attorney Subdiv. dated June 21 regarding administrative fees for signing, Fees subdivision and zoning applications. Resolution No. 6801, initiating amendments to Titles 15, 19 and 20 of the Newport Beach Municipal Code relating to administrative fees for signing, subdivision and zoning applications, was adopted after the reading of the resolution was waived by unanimous consent of the Council; and said resolution was referred to the Planning Commission for the purpose of holding a public hearing on the amendments to the zoning ordinance and for re- commendation to the Council regarding fees and recom- mendation of specific fees within the suggested ranges. Parking 7. Resolution No. 6$02, establishing parking -meter en- Fines forcement ,areas, was adopted after the reading of the resolution was waived by unanimous consent of the Council. Seafoam 8. A memorandum was presented from the Public Works Drive Department regarding the abandonment of Seafoam Vacation Drive from Marguerite Avenue to Tiller Way. The following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of • the Council: (a) Resolution No. 6803 adopting a map showing a portion of a certain street known as Seafoam Drive which is proposed to be vacated, closed up and abandoned. (b) Resolution No. 6804 declaring intention to order the closing up, vacation and abandonment of a portion of a certain street known as Seafoam Drive; and setting a public hearing for July 22, 1968 at 7 :30 P.M. Page 330 Motion Roll Call: Ayes Absent Motion Roll Call: Aye s Absent Motion Roll Call: Ayes Absent Motion Roll Call: Ayes Absent xl X X X x x x X x ,E 7 �x :C p� :s .e :C 'x CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 331 Index June 24, 1968 X C C • CURRENT BUSINESS: rbor 1. A memorandum was presented from the Public Works rmit Director regarding proposed control of floating dry licy - docks. gating y Docks The following revisions to the Harbor Permit Policies Motion to permit floating dry docks were approved subject to: Ayes x x x Absent x x 1. ' The issuance of the following permits and license: (a) A Use Permit - (b) A Harbor Permit (c) .A Business License 2. The floating dry docks being located in water over or bayward of property zoned commercial, manu- facturing or unclassified. 3. The floating dry docks being permanently moored in one location. 2. A memorandum from the Public Works Director regard - arary ing proposed addition to the Corona del Mar Branch dition Library (C- 1158), Minutes of the Board of Library Trustees and resolution adopted by the Board urging the Council to approve the increase in the estimated cost of the addition, were presented. The plans and specifications were approved, and the Motion x City Clerk was authorized to advertise forbids to be Ayes x x x opened at 10:00 A.M., July 15, 1968. Absent x x Lshing- 3. A memorandum was presented from the Public Works St /Bay Director regarding lowering of 12 -inch diameter water Ater main at Washington Street and Newport Beach Bay in (C- 1104). The plans and specifications were approved, and the Motion x . City Clerk was authorized to advertise for bids to be Ayes x x x: opened at 10:00 A. M. , July 10, 1968. Absent x x M 4. A memorandum was presented from the Public Works pital Director regarding Combined Capital Improvements in yrvmnts Corona del Mar area, 1968 -69 (C- 1123). The plans and specifications were approved, and the Motion City Clerk was authorized to advertise for bids to be Ayes x x x opened at 10:00 A. M., July 16, 1968. Absent x x al 5. A.memorandum was presented from the Public Works at Director regarding annual street and alley seal coating ogram program, 1968 -69 (Contracts 1169, 1170 and 1171). The plans and specifications were approved, and the Motion x City Clerk.was authorized to advertise for bids to be Ayes x x x a Absent x x Page 331 X C C CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 332 'O Y Z a O Y Index June 24, 1968 N i Ed x opened on July 12, 1968, as follows: C- 1169 at 10:00 A.M. C -1170 at 10:15 A.M. C -1171 at 10:30 A.M. oard & 6. Recommendations from the Committee for Appointment ommis- of Commissioners in connection with July 1, 1968 Motion x ion appointments were diaried to the adjourned meeting of Ayes x x x ; 1—int- June 25. Absent x x ents umble 7. A memorandum was presented from the City Attorney it regarding the proposed transfer of City tidelands oil ssign- contract from Humble Oil & Refining Company to ent of Armstrong Petroleum Corporation. it Rights Resolution No. 6805, consenting to the assignment of a Motion • contract, as amended, was adopted after the reading of Roll Call: the resolution was waived by unanimous consent of the Ayes x x xi) Council. Absent x x APPLICATIONS - HARBOR PERMITS: 1. A memorandum was presented from the Public Works Director regarding Harbor Permit Application No. audin A -456 -R of George Gaudin to construct a 60 -foot long float at an angle to a bulkhead bayward of 309 Via Lido Soud. Paul Trautwein, representing the applicant, spoke from the audience. Harbor Permit Application No. A -456 -R was approved, Motion x subject to prior approval of the U.S. Corps of Ayes x x x :� Engineers. Absent x x • 2. A memorandum was presented from the Public Works Director regarding Harbor Permit Application icker A- 1356 -R of Dr. Royal D. Tucker to add a new slip to existing float bayward of 218 Evening Star Lane. Dr. Royal Tucker spoke from the audience. Harbor Permit Application No. A- 1356-R was approved, Motion subject to the prior approval of the U.S. Corps of Ayes x x x Engineers. Absent x x Page 332 Ed x et '.n ,; .a, elf ;u ,1 CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 333 Index June 24, 1968 X K K 2 ' APPLICATIONS - BUSINESS LICENSE: 1. The following application for business license was Motion approved: Ayes x x x Absent x x Exempt, Robert MacFarland Orahood, Field Enterprises Educational Corporation, 1360 Anaheim, Anaheim, for solicitation sale of World Book /Childcraft reference and educational material. COMMUNICATIONS - REFERRALS: 1. Claims for Damages; (a) A.memorandum was presented from the City antic Attorney dated June 14 regarding Atlantic Richfield 2hfield Company, et al, v. County of Orange, City of Newport Beach, et al - Superior Court No. 160441. . The City Attorney's referral of the matter to the County Counsel was confirmed; and the County Motion x Counsel was given authorization to appear and Ayes x x x defend the interest of the City of Newport Beach Absent x x in the'lawsuit. (b) Summons and Complaint for assault and battery, chman false imprisonment and property damage of Lee Hochman, et al, Plaintiffs v. City of Newport Beach, et al, Defendants in connection with incident occurring on July 8, 1967. The City Clerk's referral of the matter to the Motion x insurance carrier was confirmed. Ayes x x x Absent x x 2. A letter from the Lido Sands Community Association 10 requesting the City to take over the maintenance and clean -up of the oleander bushes bordering the Lido ids /PC Sands Community Association along the West Coast sander Highway, was presented. ahes Parks, Beaches and Recreation Director Cal Stewart recommended that the City assume the obligation of maintenance and clean -up, as requested by the Lido Sands Community Association, if the sprinkler system were made automatic, if the weeds were removed and eradicated and if the plant matter were trimmed and put in an acceptable condition. The staff was directed to advise the Association what Motion x Would have to be done before the City would assume the Ayes x x X: maintenance and clean -up obligation. Absent x x i Page 333 X K K 2 O -1 Cc Ac Cc La Sa H€ Di Al In; Pi 31 St. Lc Ve Jp ode 10 Pe CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 334 Index June 24, 1968 W-0. 3. A letter dated June 12 from the Orange County Adminis- Wmmunity trative Officer regarding Orange County Community tion Action Council, Inc. being designated as the community ,uncil action agency for the County's local anti - poverty pro- gram, and stating that lack of any response within thirty days of date of the notice would be treated as an accept- Motion ance of the recognition and agreement to be included in Ayes x x a the community action program, was ordered filed. Absent x x .fCo hrg. 4. A notice from the Local Agency Formation Commission nta Ana of public hearing to be held July 10 in connection with the ;ts Water proposed formation of the Santa Ana Heights Water strict District, was presented. The City Attorney was directed to prepare a resolution Motion 3 opposing the proposed formation and to present it to Ayes x x 3 the Council at the adjourned meeting of June 25. Absent x x xcan 5. A copy of a resolution of the California Chapter of > Mute of American Institute of Planners urging preparation of anners general plan housing limit by charter cities and counties was presented. Planning Director Ernest Mayer, Jr. gave a staff report. The staff was instructed to advise the Institute that the Motion matter has been taken under advisement. Ayes x x x Absent x x ADDITIONAL BUSINESS: st -33rd 1. The City Manager was authorized, in cooperation with Motion x Vacant the lessee of' the property, to undertake necessary Ayes x x 3 t measures to prohibit parking on the old Pacific Electric Absent x x right -of -way south of Balboa Boulevard between 31st and 33rd Streets; such measures to include reconstruction of curb and gutter to replace an existing driveway opening on Balboa Boulevard and sign posting by City forces, with costs being charged to lessee. In addition, the Traffic Engineer was instructed to investigate the advisability of moving the permitted parking on 33rd Street in the area to the east side and the no- parking zone to the west side of the street. ssel 2. The City Attorney was directed to prepare a resolution Motion erator opposing Assembly Bill No. 1632 relating to vessel Ayes x x x ntifica- operator identification permits for Council consideration Absent x n at the adjourned meeting of June 25, 1968. rmits Page 334 x x RAN FAIN ©0 CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 335 2 0 7 Zr�N S ci=G` O Y T A m ? O Z r A m Index June 24, 1968 BUDGET AMENDMENTS: 1. The following Budget Amendments were approved: Motion Roll Call: C -80, $1, 402. 50, increase in Revenue Estimates for Ayes x x x x donation from Leo and Udella Gogorty to be held in Absent x x Balboa Improvement Reserve Account pending approval of Bay Avenue abandonment, from Estimated Revenues to Unappropriated Surplus, Reserve for Balboa Improvement, General Fund. C -81, $500.00 net increase in Unappropriated Surplus; an increase of $4, 500. 00 in Budget Appropriations and $5, 000. 00 in Revenue Estimates for additional funds required to cover Contract No. 1082 for widening Pacific Coast Highway adjacent to Balboa Bay Club and the Bay Club's estimated contribution toward the project; Widening Pacific Coast Highway, Capital • Improvement Fund. COMMUNICATIONS - ADVISORY: 1. The following communications were ordered filed: Motion x Ayes x x x x Letter from Mrs. Leona Egge thanking Council for the Absent x x new, attractive groin and seawall recently installed at "N" Street. Letter from Arthur and Esther Anderson regarding parking in the vacant lot on Balboa Boulevard between 31st and 33rd Streets. Letter from the Orange County Administrative Officer acknowledging receipt of City of Newport Beach's resolution expressing its policy concerning the Orange County Airport. • Excerpt from the minutes of the Board of Supervisors meeting acknowledging receipt of the City of Newport Beach's resolution expressing its policy concerning the Orange County Airport. Letter from the Orange County Director of Aviation concerning the noise abatement position report of the Noise Abatement Committee. Letter from Keith Lochard regardingthe proposed Electronics Protection System. Notice from the California Division of Highways, Right of Way Agent, stating that the state has completed acquisition of a parcel of property within City's jurisdiction as a hardship case - deed executed by Henrietta L. Olander. Page 335 CITY OF NEWPORT BEACH Volume 21 - Page 336 Index June 24, 1968 COUNCILMEN _-o v Z a O Y xix xlx Agenda of Board of Supervisors meetings held June 11 and June 19, 1968. Legislative Bulletin from League of California Cities dated June 17, 1968. June issue of Orange County Press Club Reporter. Excerpt from the minutes of the Board of Supervisors meeting acknowledging receipt of City of Newport Beach's letter regarding future status of the Orange County,Harbor District and regional recreation gener- ally, which letter was ordered filed and the County Administrative Officer and the Director of the Orange County Harbor District were instructed to contact City Manager Harvey Hurlburt for discussions on the matters Letter from Lynndon Aufdenkamp acknowledging receipt • of the Mayor's letter urging support of the Metropolitan Water District's participation in the Bolsa Island Nuclear Power and Desalting project and informing the Council that the MWD Board of Directors affirmed continued participation in the project. Letter from Orange County Municipal Water District regarding receipt of Resolution No. 6794 regarding the proposed Bolsa Island desalinization project and stating MWD had voted to proceed but had provided a 90 -day extension to allow Edison Company t i m e f o r further analyzing. 2. A copy of a resolution of the City Council of the City of Orange expressing its support for AB 1203 concerning Motion x training programs supported by penalty assessments Ayes x x x was referred to the Pending Legislation Committee. Absent x x . The meeting was adjourned at 9:33 P.M. to 7:30 P.M., Motion June 25, 1968. Ayes x x x Absent x x ybCVO��Xh�B/ Mayor ATTEST: L Ci C er< Page 336 xix xlx