HomeMy WebLinkAbout11/27/1967 - Regular MeetingPI
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CITY OF NEWPORT BEACH
Volume 21 - Page 133
Minutes of REGULAR MEETING OF THE CITY COUNCIL
Date of Meeting: November 27, 1967
Time of Meeting: 7:30 P.M.
COUNCILMEN
Roll Call:
Present
x
x
x
x
x x
Absent
x
The reading of the Minutes of the Regular Meeting of
Motion
x
November 1 3 , 1967 was waived and said Minutes were
Ayes
x
x
x
x
x x
approved as written and ordered filed.
Absent
x
HEARINGS:
ib. hrg.
1. The following continued public hearing in connection
Motion
x
-1234
with Ordinance No.. 1234 was continued to 7:30 P. M.,
Ayes
x
x
x
x
x x
December 11, 1967:
Absent
x
AN ORDINANCE OF THE CITY OF NEWPORT
lending
BEACH REZONING PROPERTY, ESTABLISHING
*Map
SETBACK LINES, AND AMENDING DISTRICT
14
MAP NO. '12,
s 10
Planning Commission Amendment No. 234. Appli-
cation filed by Russell Harriman requesting a- change
of zone from R -3 to R -2 and R -1 for the purpose of
constructing duplexes and dwellings on Tract 6466,
located at the southeasterly corner of "F" Street and
Balboa Boulevard.
2. Mayor Gruber opened the public hearing in connection
ib. hrg.
with Ordinance No. 1236, being,
-1236
rending
AN ORDINANCE OF THE CITY OF NEWPORT
1st. Map
BEACH REZONING PROPERTY AND AMENDING
�. 50
DISTRICT MAP NO. 50,
1 10
Planning Commission Amendment No. 231, rezoning
Tract No. 6385 located south of San Joaquin Hills
iRoad
between Crown Drive North and future Mac-
Arthur Boulevard from a C -N -H and R -3 -B District
to an R- 1 -B District and ordering the amendment of
District Map No. 50.
Mayor Gruber asked if anyone desired to be heard.
No one spoke from the audience.
Planning Director Ernest Mayer, Jr. reported on the
findings of the Planning Commission.
The hearing was closed.
Motion
x
Ayes
x
x
x
x
x x
Absent
x
Mayor
ATTEST:
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CITY OF NEWPORT BEACH COUNCILMEN
Volume 21 - Page 134
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Index Nncromhnr 77. 1 QA7
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With the unanimous consent of the Council, Mayor
Gruber stated that the further reading of the
ordinance was waived.
Ordinance No. 1236 was adopted.
Motion
x
Roll Call:
Ayes
x
x
x
x
xi
Absent
x
ORDINANCES FOR INTRODUCTION:
1239
1. Proposed Ordinance No. 1239, being,
ending
AN ORDINANCE OF THE CITY OF NEWPORT
st. Map
BEACH ESTABLISHING SETBACK LINES AND
. 51
AMENDING DISTRICT MAP NO. 51,
•
Planning Commission Amendment No. 236, application
10
of Eastbluff- Newport, Inc, requesting modification of
front yard setbacks on 15 lots in Tract 6228 located
easterly of Marguerite Avenue between Fifth Avenue
and San Joaquin Hills Road in Corona del Mar, was
presented with the findings of the Planning Com-
mission.
Ordinance No. 1239 was introduced and set for public
Motion
x
hearing on December 11, 1967.
Roll Call:
Ayes
x
x
x
x
x
Absent
x
ORDINANCES FOR ADOPTION:
1237
1. Ordinance No. 1237, being,
AN ORDINANCE OF THE CITY OF NEWPORT
operty
BEACH ADDING CHAPTER 3.22 TO THE
ansfer
NEWPORT BEACH MUNICIPAL CODE IMPOSING
x
A REAL PROPERTY TRANSFER TAX ON THE
SALE OF REAL PROPERTY,
107
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. 1237 was adopted.
Motion
x
Roll Call:
Ayes
x
x
x
x
x
Mayor
Absent
x
ATTEST:
City Clrk erk Cl
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CITY OF NEWPORT BEACH COUNCILMEN
Volume 21 - Page 135
II1fIPY November 27. 1967 Oz wp c f2
1238
2. Ordinance No. 1238, being,
AN ORDINANCE OF THE CITY OF NEWPORT
7ohibiting
BEACH AMENDING SECTION 5. 04. 350 OF THE
rod
NEWPORT BEACH MUNICIPAL CODE RELATING
!nding
TO THE SALE OF FOOD PRODUCTS ON PUBLIC
STREETS,
prohibiting the sale of beverages and food intended for
63
immediate consumption on public streets in certain
areas of the City, 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. 1238 was adopted.
Motion
x
•
Roll Call:
Ayes
xx
xxx
x
Absent -..
x
CONTINUED BUSINESS:
IM tree
1. A report from the Parks, Beaches and Recreation
rimming
Commission dated November 22, 1967 regarding high-
way trees in Corona del Mar was presented.
i 49
Walter Koch and Ted Witmer, Parks, Beaches and
! 158
Recreation Commissioners, spoke from the audience.
The matter was referred back to the Parks, Beaches
Motion
x
and Recreation Commission for further consideration
Ayes
x
x
x
x
x
and action.
Abstain
x
Absent
x
•
2. A memorandum from the City Attorney dated
Motion
x
inexation
November 22, 1967 regarding annexation fees was
Ayes
x
x
x
x
x
ae report
ordered filed, and the City Attorney was commended
Abstain
x
108
for a thorough report.
Absent-
x
wable
3. The matter of additional architectural services for
ldg City
temporary office building behind City Hall (C-1120)
all
was considered.
•1120
i 88
Two bills, in the amount of $679. 25, for extra
Motion
x
architectural services in connection with the portable
Ayes
x
x
x
x
x
x
office building behind City Hall, were approved.
Absent
x
Mayor
ATTEST:
City Clerk
Page 135
i
dex
Calif.
200th Anni
versary
Stamp
CA 152
R -6671
Street Imp
Palisades
at Jgkmbore
R -02
C -1096 C4
CA 29
Prkg meter
McFadden
to 24th St
CA 20
CA 22
0
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CITY OF NEWPORT BEACH
Volume 21 - Page 136
COUNCILMEN
CURRENT BUSINESS:
1. Letters from Mayor Frank Curran and from the San
Diego 200th Anniversary, Inc. requesting adoption of
a resolution which would request the United States
Postmaster General to issue a California commemo-
rative 200th anniversary stamp were presented.
Resolution No. 6671, requesting the Postmaster
Motion
x
General of the United States to issue a stamp corn-
Roll Call:
memorating the 200th anniversary of the founding of
Ayes
x
x
x
x
x
x
California, was adopted.
Absent
x
2. A memorandum was presented from the Public Works
Director dated November 27, 1967 regarding improve-
ment of Palisades Road at Jamboree Road.
Resolution No. 6672, authorizing the execution of an
Motion
x
agreement with the County of Orange for improve-
Roll Call:
ments at the intersection of Palisades and Jamboree
Ayes
x
x
x
x
x
x
Roads, was adopted.
Absent
x
3. A memorandum from the Public Works Department
i
dated November 27, 1967 regarding partial suspension
of business parking meter operations on the northerly
side of Ocean Front from McFadden Square to 24th
Street, on the easterly side and on the southerly side
of McFadden Square, and on Court Street was
presented with two resolutions which would establish
regulations for the operation of parking meters and
would limit parking of vehicles in subject areas.
Councilman Forgit requested Council to diary the
matter for December 27.
Robert Hem street, member of Old Town Newport
Beach Association, spoke from the audience and
requested that these resolutions be put in effect.
The matter was diaried for December 11, 1967.
Motion
x
Ayes ,
xx
xxxx
Absent
x
It was the consensus of the Council that the City
Manager's recommended amendments should be in-
corporated into the resolutions to c o'm e back
to the meeting on December 11, 1967.
ayor
ATTEST:
tdn
City Clerk
Page 136
i
Index
W. Npt
improv
plans
Boyle
C -1156
CA 29
Npt. is
bridge
repairs
CA 97
Sewer Main
Replacemen
Program
1966 -67
C -1058
Extra work
order
CA 32
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CITY OF NEWPORT BEACH
Volume 21 - Page 137
November 27, 1967
4. A memorandum was presented from the Public Works
Director dated November 27, 1967 regarding contract
for engineering services for proposed West Newport
improvement plans.
Robert C. Raab spoke from the audience and requested
Council to give further consideration to awarding an
engineering agreement on subject project.
The selection of the firm of Boyle Engineering to
provide engineering services for the proposed West
Newport improvements was approved, and the City
Attorney was directed to prepare an agreement and a
resolution, Resolution No. 6673, authorizing the
Mayor and the City Clerk to execute the agreement,
for the meeting of December 11, 1967.
5. A memorandum was presented from the Public Works
Director dated November 27, 1967 regarding Newport
Island bridge repairs.
The current capital project for repair of the Newport
Island bridge was revised to include only that work
needed to maintain the bridge until replacement,
consideration is to be given in the 1968 -69 budget for
replacement of the bridge as a capital project, and
the staff was directed to request the State Division of
Highways to determine whether a reduced load limit
should be posted for the existing bridge.'
6. A memorandum was presented from the Public Works
Director dated November 27, 1967 regarding Sewer
. Main Replacement Program, 1966 -67 (C- 1058).
Extra Work Order in the amount of $7, 110. 99 was
approved, subject work was accepted, the require-
ment that 10% of the total payment be retained until
45 days after acceptance of the work was waived, and
the City Clerk was authorized to file a Notice of
Completion and to release the bonds 35 days after the
Notice of Completion has been filed.
ATTEST:
M E�<.,._.
Page 137
Motion
Ayes
Absent
Motion
Ayes
Absent
Motion
Ayes
Absent
COUNCILMEN
xl
xl
W
CITY OF NEWPORT BEACH
Volume 21 - Page 138
Index November 27, 1967
.-
Sewer Main 7• A memorandum was presented from the Public Works
Replacement Director dated November 27, 1967 regarding Sewer
Program Main Replacement Program, 1967 -68 (C- 1145).
1967 -68
C -1145 The plans and specifications were approved, and the
CA 32 City Clerk was authorized to advertise for bids to be
opened at 10:00 A. M. on December 19, 1967.
Exp acct 10. The expense account of Councilman Rogers for
Rogers attendance at the League of California Cities Annual
CA 91 Conference in San Francisco from October 14 to 18,
1967 was approved.
Exp acct 11. The expense accounts of City Manager Harvey
City Mgr. Hurlburt for attendance at I. C. M. A. Conference in
CA 87 New Orleans from October 8 to 12 and for attendance
at the League of California Cities Annual Conference
in San Francisco from October 15 to 18, 1967 were
approved.
Hmmbor APPLICATIONS FOR HARBOR PERMIT:
Permit
Appl. 1. A memorandum was presented from the Public Works
Director dated November 27, 1967 regarding appli-
Winckler cation of Richard Winckler for Harbor Permit
A -125 -R Application No. A -125 -R to construct new concrete
CA 130 bulkhead and revise slips bayward of 2735 West Coast
Highway.
Motion
Ayes
Absent
Motion
Ayes
Absent
COUNCILMEN
X
X
xlxlxlx
Motion x
Ayes xixx xx x
Absent x
Motion x
Ayes xx xx xx
Absent x
Motion
Ayes
Absent
Harbor Permit Application No. A- 125 -R was approved, Motion
subject to approval by the Public Works Department of Ayes
the construction drawings. Absent
ATTEST:
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City Clerk page 138
X
x
xl
xi
8. A memorandum was presented from the City Manager
Dory
dated November 27, 1967 regarding poles needed for
screening
screening dory fishing area.
CA 49
Co. Orng
The City Manager was authorized to execute a hold
agreement
harmless agreement with the County of Orange.
Martin &
9. A proposal from Martin & Chapman Co. dated
November 13, 1967 relative to furnishing supplies and
services required for the General Municipal Election
Chapman
to be held April 9, 1968 was presented.
election
supplies
The City Clerk was authorized to employ the services
CA 76
of Martin and Chapman Co. as election suppliers for
the April 9, 1568 General Municipal Election.
Exp acct 10. The expense account of Councilman Rogers for
Rogers attendance at the League of California Cities Annual
CA 91 Conference in San Francisco from October 14 to 18,
1967 was approved.
Exp acct 11. The expense accounts of City Manager Harvey
City Mgr. Hurlburt for attendance at I. C. M. A. Conference in
CA 87 New Orleans from October 8 to 12 and for attendance
at the League of California Cities Annual Conference
in San Francisco from October 15 to 18, 1967 were
approved.
Hmmbor APPLICATIONS FOR HARBOR PERMIT:
Permit
Appl. 1. A memorandum was presented from the Public Works
Director dated November 27, 1967 regarding appli-
Winckler cation of Richard Winckler for Harbor Permit
A -125 -R Application No. A -125 -R to construct new concrete
CA 130 bulkhead and revise slips bayward of 2735 West Coast
Highway.
Motion
Ayes
Absent
Motion
Ayes
Absent
COUNCILMEN
X
X
xlxlxlx
Motion x
Ayes xixx xx x
Absent x
Motion x
Ayes xx xx xx
Absent x
Motion
Ayes
Absent
Harbor Permit Application No. A- 125 -R was approved, Motion
subject to approval by the Public Works Department of Ayes
the construction drawings. Absent
ATTEST:
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City Clerk page 138
X
x
xl
xi
Index
r
Claims for
damages
CA 84
Nichols
Jones
McKerren
•
Helton
Glazier
l.tr re
jo
Gas Tax
fund
CA 71
0
CITY OF NEWPORT BEACH
Volume 21 - Page 139
Nnvemher 27- 1867
COUNCILMEN
s
x
COMMUNICATIONS - REFERRALS:
1. The City Clerk's referral of the following claims for
Motion
x
damages to the insurance carrier was confirmed:
Ayes
x
x
x
x
x
Absent
x
(a) Claim of Karin S. Nichols for damage to her car
allegedly caused when it was involved in an
accident with a City vehicle.
(b) Claim of Raymond A. Jones for damage to his car
allegedly caused when it was involved in an
accident with a City vehicle.
(c) Claim of John J. McKerren for damages for
injured left ankle allegedly sustained on November
11, 1967 when he slipped into a depression in the
street in front of 2520 Cliff Drive, Newport
Beach.
(d) Claim of Dr. John C. Helton, Barbara S. Helton
and Leroy Smith in connection with incident
involving removal of a sign from Tuesday's Child
restaurant in Corona del Mar on November 1,
1967.
(e) Summons and Complaint for Personal Injuries
and Damages, Case No. 8906 in the Municipal
Court of Orange County Harbor Judicial District;
Raymond Glazier, Plaintiff, vs. Elden E.
McLellan, City of Newport Beach and Does I
through XV, inclusive.
2. A letter dated November 17, 1967 from the State
Division of Highways regarding a report to be trans-
mitted to the Department of Public Works on or before
May 1, 1968, pursuant to Sec. 2156 of the Streets and
Highways Code, setting forth in such detail as the
Department may require the progress made in con-
struction or improvement of road or street system,
an estimate of road or street needs for the next 5
Motion
years and for the next 10 years, was referred to the
Ayes
x
x
x
x
x
Public Works Director for reply.
Absent
x
Mayor
%TTEST:
City Clerk t
Page 139
i
x
Index November 27, 1967
•
interim
audit re
Stotsenb
Binder &
CO.
C -1140
CA 112
Drapes -
Movable b
City Hall
C -1120
CA 88
Prkg lot &
re0ooms
E. Bay Av
& Washingtc
C -1153
CA 21
CA 49
CA 38
CA 30
Budget
Amodments
CA 102
40
CITY OF NEWPORT BEACH
Volume 21 - Page 140
3. The first interim audit report from the City's
independent auditors, Stotsenberg, Binder & Co.,
for the period of July 1, 1967 to date, indicating that
their examination disclosed no exceptions and that the
City's financial records, as examined, are in order,
was received and ordered filed.
ADDITIONAL BUSINESS:
1. The City Manager was authorized to spend up to $700
for the purchase of drapes for the portable building
behind City Hall.
2. Changes in scope of work for the authorized capital
project to construct new rest rooms and to reconstruct
parking lot at East Bay Avenue and Washington Street
were approved; such changes to provide for a perma-
nent rest room with additional landscaping and
architectural treatment to the site as shown on Plan
No. 1 dated November 27, 1967 as prepared by the
City staff and with estimated additional cost to the
project to be $3, 000; and the City staff was directed
to work with the Balboa merchants association in
determining the most appropriate parking lot
operation and report back to the City Council with
staff recommendations at a subsequent meeting.
3. The staff was authorized to install a five foot asphalt
sidewalk along the north side and the west side of the
lifeguard headquarters to the new steps leading to the
pier, and such work is to be accomplished by City
crews within the existing budget, not to exceed $500.
BUDGET AMENDMENTS:
1. The following Budget Amendments were approved
C -34, $679. 25 increase in Budget Appropriations and
a decrease in Unappropriated Surplus for extra
architectural services in connection with temporary
office building behind City Hall.
C -37, $700 transfer of Budget Appropriations for
drapes for portable building behind City Hall from
Unappropriated Contingency Reserve to Budget
Appropriations, Custodial and P. B. X. , Furniture and
Fixtures.
ATTEST:
rk (�
Page 140
Motion
Ayes
Absent
Motion
Aye s
Absent
Motion
Ayes
Absent
Motion
Ayes
Absent.
Motion
Ayes
Absent
COUNCILMEN
X X X I X I X I
XI XX
X
W4
x
x
XIXIXIXIXI
Index
CA 33
CA 76
CA b3
CA 103
CA103
•
CA 15
CA 13
•
CITY OF NEWPORT BEACH
Volume 21 - Page 141
N..- ......,. 1. •... 9 9 1047
COUNCILMEN
Oyy m 1
w f` P F
COMMUNICATIONS - ADVISORY:
1. The following communications were ordered filed:
Motion
Ayes
x
x
x,
(a) A letter dated November 17, 1967 from League of
Absent
x
Women Voters of Orange Coast regarding a
letter sent to the Newport -Mesa Unified School
District requesting they meet with the Newport
Beach and Costa Mesa City Councils to discuss
the education problem.
(b) A memorandum from the City Clerk dated
November 27, 1967 regarding the General
Municipal Election to be held April 9, 1968.
(c) A letter dated November 13, 1967 from T. E.
Robertson of San Fernando asking permission to
paint house numbers on curbs in the City and
outlining his method of operation, and copy of a
letter from the City License Supervisor to Mr.
Robertson explaining procedure for processing
application.
(d) A letter dated November 10, 1967 from Mrs.
Ralph A. Reynolds, President of California
Roadside Council congratulating Council on its
firm stand in denying application for a variance
from zoning regulations with reference to a free-
standing sign.
(e) A letter dated November 20, 1967 from J. A.
Legarra, State Highway Engineer, Department of
Public Works, regarding the Outdoor Advertising
Act and applicable provisions of the Act effective
November 8, 1967, and enclosing a copy of the
Outdoor Advertising Act as amended November 8.
(f) Letters appealing from decisions of the Planning
Commission from D. L. Tycer, Jr. regarding
Variance No. 913, Balboa Bay Club regarding
Use Permit No. 1311, and John C. Salyer on
behalf of Newport Harbor American Legion
Post 291, Ladies Auxiliary regarding Use
Permit N.o. 1314.
The City Clerk announced that a letter had been received
that day from Mr. John C. Salyer dated November 27,
"Mayor
ATTEST:
City C erk Cl
Page 141
I
Index
GA 55
CA4J4
(Assoc)
CA 39
CA 36
0
CA 53
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CITY OF NEWPORT BEACH COUNCILMEN
Volume 21 - Page 142
November 27, 1967
1967 requesting cancellation of the above appeal on behalf
of the Newport Harbor American Legion Post 291, Ladies
Auxiliary regarding Use Permit No. 1314. The City Clerk
stated that said letter would cancel the appeal and a public
hearing would not be held.
(g) Minutes of the Business Session of the League of
California Cities at the Annual League Conference
in San Francisco, October 18, 1967 and a letter
dated November 9, 1967 regarding principles of
Municipal Home Rule and Responsibility.
(h) Copy of a letter to the Planning Commission
commending them for refusing to grant a
variance to the owners of certain lots in Tract
772 for construction of multiple unit apartments.
(i) . Electronics Protection System:
(1) A letter dated November 10, 1967 from the
Balboa Island Improvement Association re-
questing favorable action relative to con-
sideration of the electronic protection
system under consideration for the Newport
Beach Police Department.
(2) Letters from Mrs. Leland D. Christensen
and Maria G. Goen opposing the proposed
use of EPS by the Police Department.
(j) Notice resetting hearing before the Public
Utilities Commission on Application No. 49603 in
the matter of the application of the Gray Line
Tours Company for authority to increase rates
for passenger fares for its services covered by
local passenger tariffs from November 20, 1967
to Tuesday, November 28, 1967.
(k) Copies of agenda of the Orange County Board of
Supervisors meetings held November 14, 15, 21
and 22, 1967.
TTEST:
Page 142
yor
Index
0
CA 179
CA 43
CA 12
Annex
No. M
(Modes
CA 10£
r i
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CA IN
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CITY OF NEWPORT BEACH
Volume 21 - Page 143
TT....o,..ho. 77 1 QA7
COUNCILMEN
s
p p N a
o m
m oym °AC,f�
(1) Orange County Press Club Reporter for November.
(m) Letter from Philip G. Simpson, Executive
Secretary, Intergovernmental Council on Urban
Growth enclosing copies of a report on a Council
study of California state government's role in
federal urban programs.
(n) Minutes of the Regular Meetings of the Board of
Directors of the Orange County Water District
for October 25 and November 8, 1967.
(o) Minutes of The Local Agency Formation Com-
mission of November 8 with map and legal
description regarding amended Minute Order of
October 11 in connection with Moden Annexation -
Boundary No. 59•
(p) A letter dated November 10, 1967 from Orange
County Road Department with map of proposed
annexation to Orange County Street Lighting
Maintenance District No. 12, Tract No. 6407
(Tentative) (northerly of Mesa Drive between
Cypress Street and Bay View Avenue in Santa
Ana Heights area).
The meeting was adjourned at 9:15 P. M.
Motion
x
Ayes
x
x
x
x
x
x
Absent
x
ayor
ATTEST:
City Clei c
Page 143