Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink About07/22/1968 - Regular MeetingCITY OF NEWPORT BEACH Volume 22 - Page 13 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: July 22, 1968 Time of Meeting: 7:30 P. M. COUNCILMEN `Z 4 Y c, in Z f G,N Z �A Roll Call: Present x x x x x x Absent x The reading of the Minutes of the Regular Meeting of July 8 and of the Adjourned Meeting of July 15, 1968 was Motion x waived, and said Minutes were approved as written and Ayes x x x x x x ordered filed. Absent HEARINGS: Teed 1. Mayor Marshall opened the public hearing in con - ,batement nection with the Weed Abatement Program (1967 -68) 967 -68 in accordance with Resolution No. 6752 and Chapter 10. 48 of the Municipal Code. An assessment list and a report dated July 10, 1968 from the Fire Chief on the cost of weed abatement in certain locations within the City in accordance with Resolution No. 6752 and Chapter 10.48 of the Munici- pal Code was presented. Robert Edward Barry, 1443 Serenade Terrace, spoke from the audience and protested the assessment on his lot in Irvine Terrace because he had previously cleaned the lot. It was explained that the City had cut down weeds and harrowed the lot. No one else desired to be heard. Mayor Marshall closed the hearing with the unanimous consent -of the Council. Resolution No. 6828, confirming the report of the Fire Chief concerning the cost of the abatement of weeds and other nuisances and requesting the Auditor- Controller of Orange County to enter the amount a each assessment referred to in said report on the Motion x County tax roll, was adopted after the reading of the Roll Call: resolution was waived by unanimous consent of the Ayes x x x x x Council. Absent x ieafoam 2. Mayor Marshall opened the public hearing in accor- Drive dance with Resolution No. 6804, being a resolution of Vacation intention to order the closing up, vacation and abandon ment of a portion of a certain street known as Seafoam Drive. A memorandum from the Public Works Department re- garding vacating a portion of Seafoam Drive easterly Page 13 index Sewe C onr Da FOO( E sta m( As CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 14 11,1" 22 19AR X x x x X X1 of Marguerite Avenue was presented with a letter from the Southern Counties Gas Company requesting that a permanent easement "be reserved and excepted from the vacation to permit their continued use and oper- ation of present gas piping facilities within the area. The hearing was continued to 7:30 P. M. , August 12, Motion x 1968. Ayes x x x Absent ORDINANCES FOR INTRODUCTION: r 1. Proposed Ordinance No. 1265, being, e cti o AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 14.24 OF THE NEWPORT BEACH MUNICIPAL CODE RE- LATING TO SEWER CONNECTION, PERMITS, AND AMENDING SECTION 14. 28. 030 OF SAID CODE RELATING TO INDUSTRIAL WASTE PERMIT, providing that the City no longer be required to in- stall sewer connections to public sewers. A memorandum was presented from the Public Works Director regarding amendment to the sewer con- - nection•ordinance. Ordinance No. 1265 was introduced and passed to Motion x second reading on August 12, 1968. Roll Call: Ayes x x x Absent e_in 2. Proposed Ordinance No. 1266, being, I AN ORDINANCE OF THE CITY OF NEWPORT blish- BEACH AMENDING SECTIONS 20. 02. 135 AND :nts 20.53. 010 OF TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO DRIVE IN, TAKE OUT AND OUTDOOR RESTAURANTS, Planning Commission Amendment No. 244, amending . definition of drive in and outdoor restaurants. The findings of the Planning Commission were pre- sented with a memorandum from the City Attorney. Planning Director Ernest Mayer, Jr. gave a report . on the findings of the Planning Commission. Ordinance No. 1266 was introduced and passed to Motion x second reading on August 12, 1968. Roll Call: Ayes x x x Absent Page 14 X x x x X X1 Under- ground Utilities • Prkg Require- ments Com' 1 Zones • Surfing R e gulati A CITY OF NEWPORT BEACH Volume 22 - Page 15 22, 1968 ORDINANCES FOR ADOPTION: 1. Ordinance No. 1263, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 15.32 TO THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING REGULATIONS AND PRO- CEDURES FOR THE REMOVAL OF OVERHEAD UTILITY FACILITIES AND THE INSTALLATION OF UNDERGROUND FACILITIES AND UNDER- GROUND UTILITY DISTRICTS, was presented for second reading. Ordinance No. 1263 was adopted after the reading of the ordinance was waived by unanimous consent of the Council 2. Proposed Emergency Ordinance No. 1267, being, AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT BEACH EXTENDING THE EXPIRATION DATE OF CERTAIN INTERIM ZONING REGULATIONS REQUIRING MINIMUM PARKING REQUIREMENTS FOR ALL PROPERTY LOCATED WITHIN COMMERCIAL ZONING DISTRICTS IN THE CITY WHICH DOES NOT OTHERWISE HAVE PARKING REQUIREMENTS AS PROVIDED IN ORDINANCE NO. 1235, extending moratorium to January 27, 1969, was presented. Emergency Ordinance No. 1267 was introduced and adopted after the reading of the ordinance was waived by unanimous consent of the Council. CONTINUED BUSINESS: 1. A memorandum was presented from the City Manager regarding letter of request for expansion of surfing hours in West Newport. The extension of surfing hours in that portion of _ Surfing Area No. 2 between 40th Street and 46th Street to include the hours of 7:30 A.M. to 12:00 noon under the black ball flag system was approved, subject to continuing approval of the Police Department and the Page 15 COUNCILMEN Motion Roll Call: Ayes Absent Motion Roll Call: Ayes Absent Motion Ayes Absent �o x x x Vending Machine License Fees • 11 Skybus, Inc. 4W CITY OF NEWPORT BEACH Volume 22 - Page 16 July 22, 1968 Marine Safety Department. This covers the adoption of the following resolution: Resolution No. 6840 designating surfing areas and establishing regulations relating thereto and repealing Resolution No. 6587. 2. A memorandum was presented from the City Manager regarding re- evaluation of provisions of Ordinance No. 1250 relating to business license tax for coin - operated vending machines. Patrick Hart spoke from the audience and protested the fee on postage stamp vending machines. Administrative Assistant Phil Bettencourt gave a report on the staff survey of fee requirements in other cities. The recommendation of the City Manager was ap- proved and the City Attorney was directed to prepare an ordinance amending fees for postage stamp vending machines. The following people spoke from the audience and protested fees imposed on the bulk vending machines and personal service machines: Charles L. Green; William E. Bloomfield, President of Webb Service Company and representative of National Association of Coin Laundry Equipment Operators; C. H. Fuller, Jr., executive secretary of Western Coin Operated Route Association; Arnold Provisor, attorney repre- senting the Operators of Vending Machines Supply Company. Recommendations Nos. 2 and 3 concerning fees for personal service machines and for bulk vending machines were referred back to staff for further review. 3. Resolution No. 6829, expressing opposition to the ap- plication of Skybus, Inc. before the Public Utilities Commission of the State of California for a Certi- ficate of Public Convenience and Necessity, was presented. Dan Emory, representing the Airport Noise Abate- ment Committee, spoke from the audience and suggested that the mayors of the cities adjacent to the Orange County Airport be appointed as members of the Airport Commission so the cities would have a voice in the future development of the airport. Page 16 Motion Ayes Absent Motion Ayes Absent COUNCILMEN x x x Index W_ Lifeguard Services • CdM Library Addition SAGoat P ram Seal Coat Program • CITY OF NEWPORT BEACH. Volume 22 - Page 17 July 22, 1968 Resolution No. 6829 was adopted after the reading of the resolution was waived by unanimous consent of the Council. RESOLUTIONS FOR ADOPTION: 1. A memorandum was presented from the City Manager regarding agreement with Orange County for payment for lifeguard services on County beaches. Resolution No. 6830, authorizing the execution of an agreement with the Orange County Harbor District for the provision of lifeguard services by the City for beaches in unincorporated areas, was adopted after - the reading of the resolution was waived by unanimous consent of the Council. The staff was directed to review the matter in order that a more acceptable arrangement could be made in the 1969 -70 fiscal year. 2. A memorandum from the Public Works Director regarding the receipt of eight bids for the construction of the proposed addition to the Corona del Mar library (C -1158) was presented with a letter from William P. Ficker; A. I. A, , recommending acceptance of the Gentosi Brothers bid. Resolution No. 6831, awarding a contract for subject project to Gentosi Bros. in the amount of $35, 175, was adopted after the reading of the resolution was waived by unanimous consent of the Council. 3. A memorandum was presented from the Public Works Director regarding the receipt of six bids in con- nection -with Seal Coat Program 1968 -69, Part I (Fog seal C- 1169). Resolution No. 6832, awarding contract for subject project to C. L. Brooks Construction Company in the amount of $11, 590, was adopted after the reading of the resolution was waived by unanimous consent of the Council. 4. A memorandum was presented from the Public Works .Director regarding the receipt of three bids in con - nection with Seal Coat Program 1968 -69, Part II (Gilsonite seal C- 1170). The irregularity of copies of Addenda 1 and 2 not being attached to the proposal was waived; and Page 17 COUNCILMEN Motion Roll Call: Ayes Absent Motion Roll Call: Ayes Absent Motion Roll Call: Ayes Absent Motion Roll Call: Ayes Absent A VA x x X Seal Coat Program C• al Capit Pac.Coast Hwy Widening 0 Humble Oil Assi� ment Oil Rights Storm Drain System CITY OF NEWPORT BEACH Volume 22 - Page 18 July 22, 1968 COUNCILMEN Resolution No. 6833, awarding contract for subject project to Gilsabind Contractors in the amount of Motion $11,435.20, was adopted after the reading of the Roll Call: resolution was waived by unanimous consent of the Ayes Council. Absent 5. A memorandum was presented from the Public Works Director regarding the receipt of three bids in con- nection with Seal Coat Program 1968 -69, Part III (Slurry seal C- 1171). Resolution No. 6834, awarding contract for subject Motion project-to Chamber -Mix Concrete, Inc. in the amount Roll Call: of $23, 960, was adopted after the reading of the reso- Ayes lution was waived by unanimous consent of the Council. Absent 6. A memorandum was presented from the Public Works Director regarding the receipt of three bids in con- nection with the combined capital improvements in the Corona del Mar area, 1968 -69 (C- 1123). Resolution No. 6835, awarding contract for subject Motion projects to Walker & Bates in the amount of $215, 863, Roll Call: was adopted after the reading of the resolution was Ayes waived by unanimous consent of the Council. Absent 7. A memorandum was presented from the Public Works Director regarding the receipt of three bids in con- nection with the widening of Pacific Coast Highway adjacent to Balboa Bay Club (C- 1174). Resolution No. 6836, awarding contract for subject project to Lynam -Wood Construction, Inc. in the Motion amount of $8, 754, was adopted after the reading of Roll Call: the resolution was waived by unanimous consent of Ayes the Council. Absent 8. A resolution consenting to the assignment of a contract for .oil production from the Humble Oil & Refining Company to the Armstrong Petroleum Corporation and authorizing execution of an agreement entitled "Amend Motion ment of Contract" on behalf of the City, was diaried Ayes to August 12, 1968. Absent 9. A memorandum was presented from the Public Works Director regarding cooperative agreement with Orange County .Flood Control District for the construction of a storm drain system in Westcliff Drive and Irvine Avenue. Resolution No. 6837, authorizing execution of an agreement with the Orange County Flood Control Page 18 x x x x x x x x x Ix Parking Fees and Permits Tract 6228 Imprvmts n lJ Tract 6015 Imprvmts 0 CITY OF NEWPORT BEACH Volume 22 - Page 19 July 22, 1968 District, was adopted after the reading of the reso- lution was waived by unanimous consent of the Council. 10. A memorandum was presented from the City Manager recommending increase in bus parking fees at Corona del Mar and Balboa parking lots and limitation on parking permit system relative to buses. The following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: (a) Resolution No. 6838 establishing a parking permit system for the use of parking spaces in City parking lots and in certain off - street parking meter zones and repealing Resolutions Nos. 6724 and 6775. (b) Resolution No. 6839 establishing parking fees and regulations for the use of City parking lots and repealing Resolutions Nos. 6725, 6783 and 6818, increasing bus parking fees at Corona del Mar and Balboa City parking lots. CURRENT BUSINESS: 1. A memorandum was presented from the Public Works Director regarding acceptance of improvements in Tract 6228, located easterly of Marguerite Avenue and northerly of Fifth Avenue. The public improvements constructed in conjunction with Tract 6228 were accepted, the City Clerk was authorized to release the faithful performance bond and to release the labor and material bond in six months providing no claims have been filed (Ref. Sec. .11612, Subdivision Map Act). 2. A memorandum was presented from the Public Works Director regarding acceptance of improvements in Tract 6015, located in Newport Center. The public improvements constructed in conjunction with Tract 6015 were accepted, and the City Clerk was authorized to release the Letter of Credit posted to guarantee completion of the public improvements. Page 19 Motion Roll Call Ayes Absent Motion Roll Call Ayes Absent Motion Ayes Absent Motion Ayes Absent COUNCILMEN In S Tract 6565 Encrc met Perei Airpc Study Curb 490 1 Lawn Bowl G70 L CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 20 jex July 22, 1968 3. A memorandum from the City Manager regarding an encroachment permit for the erection of gatehouses at )ach- three entrances to the Upper Harbor View Hills area it (tentative Tract 6565) was presented with letter of request from the Donald L. Bren Company. Planning Director Ernest Mayer, Jr. presented the findings of the Planning Commission. The encroachment permit was approved subject to the Motion x conditions recommended by the City Manager. Ayes x x x x x x Absent x .ra 4. A memorandum from the Air Traffic Advisory Com- rt mittee regarding the Pereira Orange County Airport Master Plan Study was presented. Dan Emory spoke from the audience on the Pereira study. The Council was in favor of a regional airport, how- Motion x ever the Pereira Study was referred to staff for Ayes x x x x x x additional information. Absent x cut 5. A memorandum was presented from the Public Works )ahlia Director regarding proposed curb cut and driveway at 490 Dahlia Avenue, Corona del Mar. The construction of a curb cut on Bayside Drive at Motion x Dahlia Avenue and a connection driveway across the Ayes x x x x x x public right of way was approved. Absent x 6. A letter from Angus Potter, Chairman of the New ing Greens Committee of the Newport Harbor Lawn ns Bowling Club, stating that it is their intention to contact each home owner in Irvine Terrace for ap- proval or disapproval to permit bowling greens in the Irvine Terrace Park; and asking for tentative Council approval to open the park for lawn bowling if a sub- stantial majority of approval by the home owners is obtained,, was presented. Angus Potter spoke from the audience. The Council went on record that it would be favorably inclined to permit a portion of the Irvine Terrace Motion x Park to be used for lawn bowling should the Newport Ayes x x x x x Lawn Bowling Club receive a substantial majority of Abstain x approval by the home owners. Absent x I Page 20 Newp Harb Yach' Club Newp Tom( • Wash ton S Wate Main Sher: Revo �J Jamt Road Pali Macf Exte3 CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 21 iex July 22, 1968 ort 7. A letter from the Newport Harbor Yacht Club stating )r they have been selected by the U. S. Olympic Com- mittee to sponsor the Olympic trials for the 5. 5 meter class and requesting permission to park trailers in the alleyway extension of 8th Street for storage of the contestants' sails was presented. Said request was approved. Motion Ayes xxx x x: Absent x ort 8. 'Newport Tomorrow' was selected as the title for the Motion x irrow goals and objectives project; the Mayor was author- Ayes xxx x x ized to contact and appoint a general chairman and Absent x the remaining members of the Steering Committee, based upon the Council's Executive Session review of candidates; and in addition, the Mayor was author- ized to appoint delegates at large. ing- 9. A memorandum was presented from the Public Works : /Bay Director regarding the receipt of three bids for the r lowering of 12 -inch water main at Washington Street and Newport Bay (C- 1104). All bids on subject project were rejected and the City Motion x Clerk was authorized to readvertise for bids to be Ayes x x x x x: opened at 11:00 A. M. , August 5, 1968. Absent x APPLICATIONS - HARBOR PERMITS: Lnian 1. A memorandum was presented from the Public Works cation Director regarding proposed revocation of Harbor Permit No. A- 1008, Dr. Lincoln O. Sheranian, locatedbayward of 319 Via Lido Soud. Dr. Sheranian spoke from the audience. It was directed that Harbor Permit No. A- 1008 would Motion x remain in effect subject to sfrict compliance with Ayes x x x x x Harbor.Permit Policies in the future. Absent x COMMUNICATIONS - REFERRALS: oree 1. A letter dated July 9, 1968 from Collins Radio Com- pany requesting high priority on construction of 1500 - ades/ foot stretch of the projected piece of Jamboree Road Lrthur between Palisades Road and MacArthur Boulevard and ision requesting a traffic signal at the new intersection of Motion Jamboree Road and MacArthur Boulevard, was re- Ayes x x x x x ferred to staff for reply. Absent x Page 21 CITY OF NEWPORT BEACH Volume 22 - Page 22 July 22,- 1968 Green- 2. A letter dated July 9, 1968 from Milton Wichner, ville- Attorney for Julia and Clarence Hunt, owners of lands Banning abutting the tidal slough in the vicinity of the Green - Channel ville- Banning Channel, addressed to Orange County Flood Control District and the City of Newport Beach requesting that the City and the Flood Control District cease construction of the proposed modifications in the tidal inlet until measures are taken to protect the lands of his clients, was referred to staff. 32nd St. 3. A letter from Mr. and Mrs. L. A. Kaufman requestij Widening information regarding the widening of 32nd Street and its effect on their property at 112 32nd Street, was ordered filed. Property 4. A communication from 'Californians Against the Tax A Trap Initiative' requesting the City to join them in their campaign to defeat the proposed Constitutional Amendment known as the Watson initiative to limit property taxes in California, was referred to the Pending Legislation Committee for review and report Claims fox{ 5. The City Clerk's referral of the following claims for Damages damages to the insurance carrier was confirmed: Orr Claim of David R. Orr filed by his attorney Harry E. Westover for personal injuries allegedly sustained when the vehicle in which he was a passenger was in- volved in a collision with a truck belonging to the City. Har. Per. 6. A letter dated July 11, 1968 from Adams and Martin, A -456 -R attorneys for Mrs. Mary Howard Monrad, objecting to Harbor Permit Application No. A -456 -R of Mr. Gaudin George Gaudin and requesting reconsideration of said + application, was considered. The City Clerk announced that a letter had been re- ceived that day from George Gaudin stating that he had contacted Mrs. Howard about the hearing. Attorney William C. Adams presented a petition signed by 13 residents of Lido Island requesting Council to reconsider Harbor Permit Application No. A- 456 -R. Subject - letter and petition were ordered filed Har. Per. The staff was instructed to examine the Harbor Peri Policy Policies and to come back with recommendations concerning notification to adjoining property owners of harbor permit applications. • Page 22 Motion Ayes Absent Motion Ayes Absent Motion Ayes Absent Motion Ayes Absent Motion Ayes Absent Motion Ayes Absent COUNCILMEN CITY OF NEWPORT BEACH Volume 22 - Page 23 ,,&ex July 22, 1968 Vending 7. A telegram from Operators of Vending Machines Machines Supply Company requesting to be heard with reference Motion License to Ordinance 1250 as it applies to ball gum machines, Ayes Fee etc. , was referred to staff. Absent BUDGET AMENDMENTS: 1. The following Budget Amendments were approved: C -1, $1, 061. 77, increase in Budget Appropriations for landscaping of new restroom facilities as Washi: ton and Bay from Unappropriated Surplus, Capital Improvement to Budget Appropriations, Restroom - Washington & Bay. • Memorandum from City Manager regarding need for budgetary transfer for completion ofland- scaping at the new Washington & Bay Streets restroom facility. C -2, $12, 780, an increase in Budget Appropriations and a decrease in Unappropriated Surplus which is a carry -over of 1967 -68 appropriation for the purchase of seven police cars not yet purchased due to negoti- ations being continued beyond June 30 as a result of late delivery on the original order on the first nine cars budgeted in 1967-68; from Unappropriated Surplus General to Budget Appropriations, Police, Rolling Equipment. ADDITIONAL BUSINESS: E16 1. A letter from the Board of Directors of the Newport Harbor Chamber of Commerce expressing acceptance of the proposed TV surveillance system as a general concept and petitioning the Newport City Council to take affirmative action. • Motion Roll Call Ayes Absent The Electronic Protection System Application for Motion Grant prepared by Arinc Research Corporation was Ayes accepted and set for public hearing on August 12, 19681 Absent COMMUNICATIONS - ADVISORY: 1. The following communications were ordered filed: Motion Ayes (a) A letter from Gilbert Huffman, member of Los Absent Angeles Beautiful Committee and Keep America Page 23 COUNCILMEN 0 m m 1p AN nd'ex 1W PB &R Comm Officers 1968 -69 *I C� • CITY OF NEWPORT BEACH Volume 22 - Page 24 July 22, 1968 Beautiful, expressing compliments and congratu- lations in keeping Newport Beach a clean and very beautiful city and stating that it is one of the real beauty spots of Southern California and the entire County. (b) A letter from Senator H. L. Richardson stating that Senate Bill 425, his Home Rule Bill, was set for hearing on July 16, 1968 by the Assembly Committee. (c) A memorandum from the Parks, Beaches and Recreation Commission stating that the following officers were elected for the fiscal year 1968 -69: Walter S. Semeniuk, Chairman and James R. Downer, Vice Chairman. (d) Notice from the Western Greyhound Lines re- garding application with the Public Utilities Com- mission requesting approval of a proposal to in- crease passenger bus fares and package express charges by 41o; and Notice of Hearing of Appli- cation No. 50366 before the Public Utilities Com- mission. (e) Application No. 50363 of Southern California Edison Company for an order of the Public Utili- ties Commission authorizing Applicant to increase rates charged by it for electric services. (f) Agenda of the regular meetings of the Orange County Board of Supervisors held July 9 and 16, 1968. (g) League of California Cities Legislative Bulletin dated July 16. (h) Notice from the Orange County Press Club that its Friday night get - togethers will now be held at the new headquarters in the "Catacombs" at the Royal Roman Inn, Santa Ana. Councilman Parsons' request to be absent from the July 29 for 4 or 5 days was approved. The meeting was adjourned at 11:25 P. M Page 24 Motion Ayes Absent Motion Ayes Absent COUNCILMEN �Am ©0