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HomeMy WebLinkAbout11/26/1963 - Adjourned Regular MeetingCITY OF NEWPORT BEACH COUNCILMEN Volume 17.- Page 1.30 Minutes of ADJOURNED REGULAR MEETING OF THE CITY COUNCI Date of Meeting: November 2.6, 1963 m a o A o Time of Meeting: 1 :30 P.M. P m y Z yA$ m y P f NB ppO Index lata .nf T/Taa *ina• Cnnn ril C.hamhars C = • Roll Call: Present x x x x Absent Mtg The Regular Meeting of the City Council which was called Nov at 7 :30 P.M. on November 25 was adjourned until 1:30 25 P. M. on November '26 in memory of the late President of adj. the United States, John F. Kennedy. The Council, having been called to order at.:'1:30 P. M. on Nov- ember 26t13, immediately recessed until 7:30 P.M., Novem Motion x ber 26, 1963, for the purpose .of having an open Study Ses- Ayes x x x x sion. Absent x The Council reconvened at 7:30 P.M. with all member's Roll Call: present except Councilman Marshall. Present x x x x Absent x r • The reading of the Minutes of the Special Meeting of Novem ber -8, 1963, Regular 'fleeting ,of. November 12, 1963, and Special Meeting of November 18, 1963, was waived; the Motion x Minutes were approved as written and ordered filed. Ayes x X x X Absent x HEARINGS: 1. Mayor Hart opened the public auction and offered for Sale sale two parcels of City -owned property identified as of Parcel H (being a portion of Lot 10, Subdivision of Block City- 227, Section "A ", Newport Beach, located at 2807 New- owned port Boulevard, Zone C-1) and Parcel I (being a portion prop. of Lots, 8, 9 and. 10, Subdivision of Block 227, Section "A ", Newport Beach, located at 2625 Newport Boulevard Zone C -1), in accordance with the procedures establish- ed in Resolution No. 5869, declaring certain real prop - erty,to be surplus, authorizing its sale, and setting, out r • the procedure for its sale. The Clerk stated that one sealed bid had been received. Mayor: Hart publicly, opened the sealed bid and announced Parc> that the bid was from George W. Williamson, Realtor, I enclosing two Cashier's Checks totaling $6, 250, sub- mitting a bid on Parcel I in the amount of $62, 500 in the names of N. E. Moore, H. G. Anderson and H. V. Anderson. Mayor Hart inquired if there were any oral, bids for either parcel. There was no response. Parc Mayor Hart declared Parcel I sold to the highest. bidder I Sold subject. to the approval of the City Council. CA 38 L Mayor TTEST: City Clerk Page 130 Index November 26. 1963 R -5887 Annex 55 Annex consent 0 -1070 • CA 108 Master Plan CA 128 • CITY OF NEWPORT BEACH COUNCILMEN Volume 17 - Page 131 i m Y O The bid in the amount of $62, 500 for Parcel I was accept Motion ed providing compliance_ is made with the legal require- Ayes x x x ments. Absent Resolution No. 5887, authorizing the execution of a Motion x Grant Deed in connection with the sale of Parcel I to Roll Call: N. E. Moore, H. G. Anderson and H. V. Anderson, Ayes x x x was adopted. Absent x 2. Mayor Hart opened the continued public hearing in actor dance with Resolution No. 5865, being 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. 55" (Banning property along Coast Highway) and giving notice thereof; time and place for Council to hear and pass upon all protests to subject annexation. The City Clerk stated that an Annexation- Consent from the property owner, Beeco, Ltd. , had been received. No one desired to speak from the audience. The hearing Motion was closed. Ayes x x x Absent is Resolution No. 5888, finding and determining whether a Motion majority protest has been made by the property. owners Roll Call: at the hearing on the annexation of the territory known Ayes x x x as "Annexation No. 55," was adopted. Absent x Ordinance No. 1070, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH APPROVING THE ANNEXATION TO THE CITY OF NEWPORT BEACH OF CERTAIN UNIN- HABITED TERRITORY CONTIGUOUS TO THE CITY OF NEWPORT BEACH AND KNOWN AS "ANNEXATION NO. 55," Motion Roll Call: was introduced and passed to second reading. Ayes x x x Absent x 3. Mayor Hart opened. the public hearing. regarding Plan- ning Commission Resolution No. 662, recommending amendments to, the street and highway .elements of the Master Plan. A letter proposed by the Planning Commission to be directed to Nick B. Williams, Editor, Los Angeles Times, over the signature of Alvan C. Clemente, Chair man of the Planning.Commission, to correct inference Mayor ATTEST: C itA Clerk Page 131 X 3 X X x x xx: X X Xi Index • 0 -1071 City Flag CA 14;3 01067 • Sale o: Water CA 12 01068 Annex 54 CA 108 • CITY OF NEWPORT BEACH Volume 17 - Page 132 November 26, 19.63 .;that the Planning Commission had expressed approval of the State adopted Freeway route paralleling the present 101 Coast Highway, was considered. J. W. Drawdy, Planning Director, spoke from the audience. The hear - ing was closed. Resolution No. 5889, adopting a revised Master Street and Highway Plan, was adopted subject to the condition that the map show Coast Freeway only adopted by the State and not approved by the City, and that. this footnote be in the same size as the largest printing appearing .on the map. It was directed that the letter to Nick B. Williams, as proposed by the Planning Commission, be authorized and sent over the signature of Mayor Hart. ORDINANCE FOR INTRODUCTION: Ordinance No. 1071, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 2700.2 TO THE NEW- PORT BEACH MUNICIPAL CODE ADOPTING AND DESCRIBING AN OFFICIAL CITY FLAG was introduced and passed to second reading. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1067, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 7241.3 TO THE NEW - PORT BEACH MUNICIPAL CODE RELATING TO THE SALE OF WATER FOR USE OUTSIDE THE CITY was adopted. 2. Ordinance.No. 1068, being .AN ORDINANCE OF THE CITY OF NEWPORT BEACH APPROVING THE ANNEXATION TO THE CITY OF NEWPORT BEACH OF CERTAIN UNIN- HABITED TERRITORY CONTIGUOUS TO THE CITY OF NEWPORT BEACH AND KNOWN. AS "ANNEXATION NO. 54" was adopted. ATTEST: Mayor Cit Clerk Page 132 COUNCILMEN Motion Ayes Absent Motion Roll Call: Aye s Absent Motion Roll Call: Ayes Absent Motion Roll Call: .Ayes Absent Motion Roll Call: Ayes Absent x x PL4 x x Index • Gilstr ltr CA 108 0 -1069 Traff Regs CA 114 0 Royal Pipe- line Coast Co. C -838 CA 12 Little Corona. 0 CA 154 ton Rand index C -882 CA 93 CITY OF NEWPORT BEACH Volume 17 - Page 133 November 2.6, 1963 A letter from J. S. Gilstrap, Manager of the West Co; Division of G. El Kadane & 'Sons, dated, November '2.6, 1963, addressed to the Council, and requesting that action be delayed on the adoption of the proposed anne: tion, was ordered filed. 3. Ordinance No. 1069, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING, REPEALING, AND ADDING CERTAIN SECTIONS TO CHAPTER 2 OF ARTICLE III OF THE NEWPORT BEACH. MUNICIPAL CODE RELATING TO TRAFFIC REGULATIONS, with proposed revisions as submitted by, the City Attor- ney, was considered. The amendments were approved, and Ordinance No. 1069 was passed to second reading a revised. I CONTINUED BUSINESS: 1. At the request of the Public Works Director, the staff was requested to bring back for consideration the recom mendations from the City Manager and Public Works Director in a memorandum dated November 7, 1963 for the acceptance of the water main construction by.Royal Pipeline Construction Company,in Balboa Boulevard, Lafayette Avenue and West Coast Highway. (C -838) when the corrections to the trench repair have been made. 2. A report was presented from the City Manager and Pub- lic Works Director regarding drainage at Little Corona Beach. The report was approved and the expenditure of $1500 for materials was authorized subject. to the check- ing of the easements so that this improvement will be placed either in an easement or on publicly owned prop- erty. 3. A memorandum was presented from the City Clerk re- garding,the proposal of Remington Rand to prepare a selective index of the Council Minutes from 1906 to 1958 at a cost of $5000. The City.Clerk was authorized to sign a purchase requisition for subject work. The City Clerk was commended for negotiating a large reduction in the contract price. ATTEST: NcA.A q i6i5e4 ity Jerk Page 133 COUNCILMEN Motion Aye s Absent Motion Roll Call: Ayes :Absent Motion Ayes Absent Motion Aye s Absent bm x CITY OF NEWPORT BEACH Volume 17 - Page 134 Index November'26, 1963 COUNCILMEN 3 m9 0 A �r zN 4, A memorandum was presented from the City Attorney Section regarding proposed amendment. to Section 9105..8 of the 9105.8 Municipal Code to exempt certain non - conforming build - CA 153 CA 100 ings from the requirement of a Use Permit. The matter Motion x was referred to the Planning. Commission. Ayes x x x x Absent x CURRENT BUSINESS: Frisbee 1. The Interim Report from Ira N Frisbee & Co., dated Motion Rep CA 112 November 1.2, 1963, was acce�ted. Ayes x x x x C =851 Absent x 2.. Final Map for Tract No. 5394, located at Coast Highway and Riverside Drive: Final A report from the Public Works Department dated Map November 15, . 1963 and the recommendations from the • 'Planning Commission, were presented. J. W. Drawdy spoke from the audience.. Tract The Final Map for Tract No. 5394 was approved as to f Motion x 5394 Sheets 1 and 2 of 3 sheets subject to the recommenda- Ayes x x x x tions of the Public Works Department and the Planning Absent x Commission, and the City Clerk was authorized to sign CA 23 said Map. 3. The following communications were diaried for the next Motion Council meeting: Ayes x x x x Absent x Two letters from Edgar F. Hirth, Chairman, Parks, Beaches and Recreation Commission: (1) regarding histori application to the State Historical Society,to establish an marker CA 01% historical marker at the Newport Pier commemorating tree the McFadden landing; (2) recommending a change in removal City procedure to require adjacent property owners to remove trees at their expense rather than the removal • by the City when removal is requested. by the property owners and is for their•benefit; retaining the require - CA 158 ment of City approval. CA 90 4. Consideration was given to a Resolution authorizing exe- realign cution of a contract between the City and Eastbluff -New- Back port, Inc., Jamboree Land Co., and The Irvine Company Bay Dr. in connection with the realignment of Back Bay Drive; and to a Resolution authorizing. the acceptance of a road CA 29 easement from The Irvine Company,for street and high- way purposes over Eastbluff and,the•.northerly extension of Back Bay Drive. The matter was diaried to Decem- Motion x ber 9, and it was directed that the Council be supplied Ayes x x x x : with a general area map and copies of the agreement. Absent x Mayor ATTEST: City Clerk Page 134 Index • Van Cleve vs son employ Dion to repres City CA 169 Traff 0t CA 69 Pacif Coast liiway CA 104 L Assem- bly Bill 590 CA 65 CA 63 • CITY OF NEWPORT BEACH COUNCILMEN Volume 17.- Page 135 November '26, 1963 5. A memorandum was presented from the City Attorney regarding ;the matter of Van Cleve vs. Stevenson. The employment of Michael A. Dion for the purpose of representing the City in collecting the City's costs from Chesley E. Stevenson resulting. from the vehicle collisio. on August 23,. 1963, in which Policewoman Celeste 'Van Cleve was injured and police vehicle unit No: 4326 was damaged, on a contingency fee basis of 1516 of the re- covery, to the City, was authorized, and the City, Attorne' was authorized and directed to carry out the details of this employment. 6. A memorandum was presented from the City. Manager and Public Works 'Dire ctor regarding the employment of a Coastal Freeway Traffic Consultant. The preparation of an agreement with De Leuw, Cathers and Company, to provide traffic engineering consultant services in con- nection with the location and interchange design of the local Freeway, was authorized. 7. A memorandum was presented from the City. Manager an Public Works Director regarding channelization of Pacific Coast Highway, between MacArthur Boulevard anc Seaward Road. A discussion was had. It was the �con- census that the Public Works Director should set up a meeting with the people interested, the Chamber of Com merce representative, and the Councilmen concerned, , to consider the problems at the site. A motion was made by Councilman Stoddard to take the matter under sub- mission. A further discussion was had. Mr. William Paul spoke from the audience requesting turning ,pockets at all intersections. A vote was taken on the motion which carried unanimously. 8. A letter was presented from Robert R. Hurwitz, Chair- man, Board of Library Trustees, requesting a meeting regarding, discussion of Assembly Bill 590 - Public Library Development Act. Mayor Hart was authorized to set up the meeting at his discretion.. APPLICATIONS FOR LICENSE: The following. Applications for License were approved with the'.conditidn'that the Application of George William Frank be subject to the technical approval of the Public Works Director: 1. Exempt, Frances E. Smith, 801 Balboa Avenue, Balboa Island, soliciting ;house to house, representative for Field Enterprises, World Book Childcraft Educational ATTEST: Mayor C'ty Clerk Page. 135 Motion Ayes Absent x Motion x Ayes x x x x Absent x Motion Ayes Absent Motion Ayes, Absent Motion Ayes Absent CITY OF NEWPORT BEACH Volume 17 - Page 136 Index November 26, 19:63 COUNCILMEN 3 i • 1 Plan, sale of educational material for Field Enterprises Educational Corporation, . Chicago. 2. Exempt, George William Frank, 336 East 20th Street, Costa Mesa, representing Service Committee, Corona :del Mar Key Club, soliciting house to house curb paint - ing in Corona del Mar; a limited non - profit curb number painting ,project to be conducted on ,several consecutive weekends starting, November '30, sponsored by the Cor- ona del Mar "Kiwanis Club; numbers being painted at no cost or obligation to the home owner and any, donations received going to the Key Club service fund .toward the service project for the year. COMMUNICATIONS - REFERRALS: Morones 1. The Claim for Damages of Joe Reyes Morones, a minor, Clm for by his parents, Matias Dias Morones and Jessie Flores Morones, for alleged injuries sustained on August 17, Damages 1963 at or about. the Newport Pier when claimant dove CA 84 into the :ocean from a cross member of said pier; claim- ing damages in the aggregate amount of $803, 000, was presented. The Claim was denied and the City Clerk's Motion referral of the matter to the insurance carrier's, was Ayes x x x confirmed. Absent x Hoffman 2. The request of Jim Hoffman, President of the Junior req to Optimists (Nobles) of Newport Beach for use of the park - use pkg ing lot in front of the City Hall for a car wash for the lot in purpose of raising funds to go to charity, was approved Motion fr C /Hal . subject to a plan being worked out with the City Manager Ayes x x x 31 CA 21 Absent x McKinley 3. A letter was presented from Dwight F. McKinley re- re soCa garding scum on the Grand Canal. A reply, to said com- Gran Can munication having, been made by the City Manager, the al letter was ordered filed. Motion 31 •CA 7 Ayes x x x x Absent x 4. A letter was presented from Randall E. Presley stating Presley ltr that he would "very much appreciate knowing why, the re BBC City rejected .the recent offer made by the Balboa Bay 0 519 Club." It was directed that the letter be filed and that Motion x CA 79 the City Manager be instructed, to answer it to the "best Ayes x x x N of his ability. Absent x BUDGET AMENDMENTS: CA 102 The following' Budget Amendment was approved: Motion Ayes x x x x No. C =25, in the amount of $85, 000 (increase. in Unap- Absent x propriated Surplus) for return to State Gas Tax Fund, monies transferred to Capital Outlay Fund during "1962- • TVI "ayo r ATTEST: ity Clerk Page 136 X x X X CITY OF NEWPORT BEACH COUNCILMEN Volume 17 - Page 137 Index November 26. 1963 d Z m= O G O 0 x 63 for Jamboree Road Improvement; amount was encum- bered but not expended; funds must actually, be •expended before transfer can be made -. ADDITIONAL BUSINESS: Men 1. The following. Minute Resolution was adopted: Motion Res Roll Call: re "BE IT RESOLVED that the action of.the Ma in Y A es Ayes suspen- suspending City activities, except for essential func- Noes x sion tions, on Monday, November 25, 1963, is hereby Absent x of ratified and confirmed and that those :employees who Cty were absent from their employment as a result there - activ° ities of be granted leave for that day without loss of com- CA 46 pensation." 2. The City Attorney stated that some misunderstanding had • arisen as to what the policies of the City are with regard to the purchase of the assets of the Santa Ana Heights SA Zits Water Company. He recommended that an analysis be Wtr Co made of the representations being made in the area and C -880 CA 12 that the Mayor be authorized to write a letter to the Com pany and the shareholders expressing. the policies of.the City. The Mayor was so authorized. Motion Ayes x 31 Absent x 3. The'City Clerk was authorized to contract with Martin !iartin and Chapman Co., Ltd. for the furnishing of election Motion Se Chap- supplies for the 1964 General Municipal Election. Ayes x nan ,.A 76 Absent x 4. The City Manager read a letter from W. D. Canterbury )avis and R. K. Davis protesting a charge of $.74 for the abate protest ment. of weeds on Lots 7 and 8 of River Section, Newport weed Beach, stating that the weeds had been abated by the abate- owners and that the City had removed plants and ground cent cover. Mrs. Davis spoke from the audience and stated • that she learned of the charge of $74 when it appeared on County tax bills which she recently received. Mrs. "A 11 Davis was requested to. seethe City Clerk to inform her of the requirements for filing a claim against the City. The City Manager was requested to. investigate the weed abatement program. COMMUNICATIONS - ADVISORY: 1. A copy of a Resolution adopted by the City Council of the :ity of City of Orange for the purpose of recommending legis- )range lation which would prevent State agencies from preempt - tes re ing. the field of local building if the local Loc ,regulations jurisdiction has adopted the nationally recognized codes >1dg specified in Chapter 17922 of the California Health and `egs Safety Code, was presented. The matter was referred Motion :A 100 to the City Manager for a report as necessary, to keep Ayes x x the Council current on this matter. Absent x ATTEST: Mayor ity Clerk Page 137 x Index • Woman's Civ Lead N.Harbos CA 83 Gas Tax Funds CA 71 CA 53 • CITY OF NEWPORT BEACH Volume 17 - Page 138 November 26, 1963 2.. The following letters were ordered filed: (a) Letter from the, Woman's Civic League of Newport Harbor, commending the City Manager, F. Robert Coop, for his election.to the State Board of Director of the League of California Cities. (b) Report from the State Department of Public Works indicating, that the October, 1963 apportionments of Gas Tax Funds for expenditure on City streets for Newport Beach was in the amount of $24,870. 25; an that payment of Gas Tax allocation for Cities, to October, 1963 quarterly.for expenditures on City streets to the Treasurer of the City of Newport Beach was. in the amount of $69, 198.04. (c) Agendas for meetings held by the Orange County Board of Supervisors on November 12, . 13, 19 and 2.0. ABC lie (d) Copy of Application for Alcoholic Beverage License, CA 156 person to person transfer, on -sale beer, Lucifer's Den, 2000 West Balboa• Boulevard, Newport Beach, from Dennis A. and Janet N. Murphy to'Mary E. Thompson. 3. An excerpt from the Minutes of the Orange County Boun- dary Commission was presented indicating, that the prop annex tc boundaries of the proposed annexation of territory.to the CN City of Costa Mesa (Woodland No. 1 Annexation) are CA 108 reasonably definite and certain. Said annexation is lo- cated midway between Tustin Avenue and .Santa Ana Ave - nue,.northerly of 20th Street. The communication was ordered filed, and the City Clerk was instructed to submit the advices she receives from time to time from the Orange County Boundary . Commission to the Public Works Department and to ask CA 90 them where ,the annexations are. located, and if an annex - ation is obviously in an area where the Council is inter- ested, she should forward a small map or block it out on one of the big maps so that the Council can see where the annexation is proposed. ADDITIONAL ITEM: foreign The City Manager introduced American Field Service exchange foreign exchange students, Yoseph Abdullahi from students Ethiopia and Haruki Kidani from Japan. CA 33 The meeting was adjourned at 9:20 P. M. Mayor ATTEST: City rlerk Page 138 Motion Ayes Absent Motion Ayes Abs eni Motion Ayes Absent COUNCILMEN