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Home My WebLink About12/17/1962 - Adjourned Regular MeetingCITY OF NEWPORT BEACH Volume 16,- Page- 110 COUNCILMEN Minutes.of ADJOURNED REGULAR MEETING OF.THE CITY COUNCIL Date of Meeting: December 17,. 1962 Time of Meeting: 7:30 P.M. Index 1, r..- River Ave. Dist CA 29 • Call: ..reading of the Minutes of December. 10, 1962 was wai Minutes. were - approved as written and ordered filed. Mayor Hart opened the public:hearing regarding the River 's Avenue Improvement Assessment District No. 47. It was stated that. this was the time and place for the Council to hear any and all persons having any objections. to the. pro- posed work or improvement, or to the extent of the Asses ment District, or to the proposed grades, as to why the. work. contemplated should. not. be,.done. or carried out in accordance with Resolution of Intention No. 5693 (passed and adopted. by the City Council on the 26th day of Novem- ber, 1962, said resolution having been duly and.regularly published, the notice of this hearing and of the. adoption of the Resolution of Intention having been duly made and given, all as. prescribed.by law„ affidavits. of such. com- pliance being on file in the' City Clerk's. office). The Clerk stated that one. written protest had, been filed with her against the work or district prior to the time. set for the hearing. The City Clerk read the protest of Harr J. Rogers,. 733 Via Lido Soud, Newport Beach. Mayor'Hart stated.that this. was the time. and.place. for.•the hearing of protests or objections against the work .of. the Assessment District and.asked. -if anyone present, desired, to be heard in said matter. The following addressed the Council: Attorney Marvin Spears, representing Mr. Harr J. Rogers; Mr. Thomas Rogers; Attorney William McKenzie Brown, the .City's counsel, replied to questions; Walter Beck spoke in favor of the Assessment District. All protests were referred. to the Engineer for checking and report as to the percentage of the area represented thereby. The Engineer reported that the protests repre- sented approximately 38. 1019 of the, total area.of the Asses ment District. Councilman Lorenz made.a motion to continue the. hearing to January 14,, 1963. John Parker, owner of the Mo -Bo- Tel, spoke in favor of the Assessment District. Council- man Lorenz, withdrew his motion. The hearing was closes After a full,, fair and ,impartial hearing and -an opportunity having been given to all persons. desiring to be heard, all written and oral protests were overruled and denied. TTEST: Citv\Clerk Page 110 yor All Pres Motion All Ayes Motion Motion All Ayes Motion All Ayes Index Res of No 5699 CA 29 R -5700 rase of waves CA 29 Ord 1024 Rezoning TR -4463 CA 10 • Ord re off str parking M -1-A Distric CA 10 0 -1022 Traffic regula Lions CA 18 • CITY OF NEWPORT BEACH COUNCILMEN Volume 16 - Page 111 Resolution No. 5699, being a resolution ordering the. work Motion described in Resolution of Intention No. 5693, was unani- Roll Call: mously,adopted. Ayes Resolution No. 5700, ascertaining and determining the prevailing rate.of wages to be -paid for the. improvements in River Avenue, alley and certain other streets, and.. ease- ments in said City, described in Resolution of Intention Motion No. 5693,, was unanimously adopted. - Roll Call: Aye s )RDINANCES FOR INTRODUCTION: Ordinance No. 1024, being 'AN ORDINANCE OF THE CITY.OF NEWPORT BEACH REZONING PROPERTY AND AMEND - ING DISTRICT MAP NO. 36, rezoning Lots 1. to 40, inclusive, Tract No. 4463,. located in the West Upper Bay, from U to R -1 -B„ amending Dis- trict Map No. 36; rezoning recommended by Planning Commission Amendment No. 151, .was introduced and set Motion for public hearing on January, 14, 1963. -Roll Call: Ayes An Ordinance, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 9103.96 OF THE NEWPORT. BEACH MUNICIPAL CODE ESTAB- LISHING OFF - STREET PARKING REQUIRE - MENTS:IN M -1 -A DISTRICTS, requiring one parking, space for each 350 square feet of gross floor. area in lieu of two parking spaces for every three employees on the shift having the largest number of employees, and not less in any case, than one space for each 2000 square feet of ground or floor space; Planning Commission Amendment No. 152, was considered and Motion diaried for further consideration on January 14, 1963. Roll Call: Charles Zimmerman of the Planning Department,. spoke Ayes from the audience. )RDINANCE FOR ADOPTION- Ordinance-No. 1022, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING AND REPEALING CERTAIN SECTIONS: OF CHAPTER 2 OF ARTICLE. III OF THE NEWPORT BEACH. MUNICIPAL CODE RE- LATING: TO TRAFFIC. REGULATIONS, establishing prima facie speed limits on certain streets or Motion parts thereof in the City,, was. adopted. Roll Call: _ n /7 Ayes TTEST: Mayor .Page, 111 X X X X X X X X X Index • reefs CA 35 R -5701 Traffi Signal C -830 4F A So Ct Gas ease ment CA 38 CITY OF NEWPORT BEACH COUNCILMEN Volume 16 - Page., 112 December -17,. 1962 BUSINESS: A report from _ the City Manager was presented regarding the request of Department of Fish and Game for permis- sion, to establish two artificial fishing reefs. The City Manager stated that as proposed the reefs would interfere with ocean racing and recommended that the matter be taken off calendar pending the receipt of a revised.request from the Department of Fish and Game, if and when one is made. T BUSINESS: L. Resolution No. 5701, authorizing the execution of a con- tract providing for the construction of a traffic control signal system and highway lighting at the intersection of t Newport Boulevard, Westminster Avenue and Hoag: Mem- 9 orial Hospital Road, was adopted. A proposed Resolution, authorizing an easement. to the Southern Counties Gas Company of California in.the pri- vate streets lying within the City property now under leas to J. A. Beek, to lay and use gas pipes and mains, was diaried to January 14, 1963, and the City Manager and City Attorney were requested to research, the Beek.lease and ascertain the reason for the 1962 date. of expiration. o: the gas company easements. Renewa . The request of Kenneth 0. Farnsworth for renewal of his Farns lease for the sport.fishing (barge) concession at the New - worth port Pier was referred.to the City Attorney and City Manz Lease ger. C -647 Execu. tion o Contra 8 �A� Accept Dover Ymprvs C -775 Change locati of wor Gallac contra C -788 CA 32 r1 lJ Resolution No. 5702,, authorizing the execution of a con - tract with Porter, O'Brien & Armstrong for design en- t gineering services, was adopted. A memorandum was presented from the City Manager. and Public Works- Director recommending acceptance of the Dover Drive improvements; authorization to ,the City Cler] to file Notice of Completion; authorization to the City Clerk to release the surety bonds subject to the City Attorney's .approval 35 days. after Notice of Completion has been filed. - The recommendations were approved and authorized. (Contract No. C -775) A memorandum was presented from the City Manager and Public Works Director requesting authorization to change the location of certain work, 1962 -63 sewer replacement program (Gallacher contract),. and recommending authori- zation for the deletion of remainder of work in alley from Bay Avenue,to A Street and substitution of work.in alley TTEST: 0 CAty Clerk Mayor Page 112 Motion Roll Call: Ayes Motion All Ayes Motion Roll Call: Ayes Motion All Ayes x x r:! Index 0 Carna Lion sewer algnm C -826 CA 32 Speed Limit 1l0por t Blvd CA 18 Harbor regula Lions CA 70 Triangli Subdivi sions CA 38 • CITY OF NEWPORT BEACH COUNCILMEN Volume 16 - Page. 113 3 � my �o m =� December :17,: 1962 east of 6th Street and.north of.Bay Avenue,, recommending the extension of .time, of completion to February 10, 1963, recommending, if desired,, due to additional pavement placing in Bay Avenue,, authorization of an extra work order for $4400. The .recommendations were approved Motion. x and authorized. All Ayes 7. A memorandum was_presented,from the City Manager and Public Works Director recommending the approval of modified plans. and specifications for the Carnation sewer realignment and authorization to the City Clerk to adver- tise..for bids to be received at 10:30 A. M. on January. 23, 1963. Said recommendations were - approved and.author- Motion ized. All Ayes 8. A memorandum was presented from the City Manager and Public Works Director recommending that. the City Attor- ney be authorized to prepare. an ordinance amending the Municipal Code setting a speed limit of 30 miles. an hour on Newport Boulevard between Finley Avenue and 21 st Street., The. recommendations. were.:approved and author- Motion a ized. All Ayes 9. A report was presented from the City Manager on enforce ment of Harbor regulations by Orange County. Harbor De- partment. Councilman Lorenz requested the City Mana- ger to furnish additional information. The.report was Motion ordered received and filed, All Ayes D. A report from the City Manager on the request of Triangl Subdivisions, to encroach over a public easement and -a re- port from the City Attorney to the City Manager dated December 17,, were presented. Attorney Martin Gendel, Mr. Sidney Kibrick and Mr. Cliff- Burlew,, architect for Mr. Kibrick, spoke from .the. audience. The.recommen- dations of the City Attorney were reviewed .and revised point by point with Attorney Gendel. The staff was, in- Motion strutted to prepare a document as outlined for Council All Ayes approval at the next regular meeting. ECESS. for five minutes was declared by Mayor Hart. he Council reconvened with all members present. . /TQJ3 Mayor ATTEST: ity Jerk Page 113 Index Park Library furnish ings CA 65 • CITY OF NEWPORT BEACH Volume 1.6 - Page A14 December. 17, 1962 TIONS - REFERRALS: A letter from Leon Ware, Chairman, Library Board, regarding furnishings for the Mariners Park Library, ar a memorandum from the City Manager recommending appropriation of $11, 940 for said furnishings, were pre- sented. The following people participated in the discus- sion. City Librarian Dorothea $heely; Mrs. Richard Lawrence, member of the Board of Library Trustees; Finance Director Frank Johnson. An expenditure of $10, 500 for furnishings of the library was - authorized. Councilman Gruber explained his no vote on the previous motion was_because.he desired to grant the: request of the Library Board in its entirety for the. amount of $11, 940. Mayor Hart and Councilman Stoddard shared this. desire. A motion was_made by Councilman Stoddard to rescind the previous action, which motion failed adoption. A further discussion was had. In order to make the record entirely clear, Councilman Lorenz made.a clari- fying motion. The City's contribution for Mariners Park Library furnishings shall be in an amount not to exceed $9000, however, for. budgetary purposes, $10, 500 shall be, appropriated with the, understanding that $1500 will be contributed by the Friends of the Library and shall be used to reduce. the. budgeted amount. The following communications were ordered filed: County ..(a) Resolution adopted by the Boar4 of Supervisors of .Pail Orange County on December 5,. 1962, pertaining to the Prisoners charges for care of City prisoners in the County Jail. .CA 5 (b) Letter from Duane Winters, President, Orange County League of Cities, regarding charges for care of City prisoners in County Jail. S tr & Hiway defic CA 29 Planti 40th S End CA 151 A letter: was ordered filed from James- S. Baker, Mayor of Pomona, regarding the street and highway deficiency :yproblem facing California cities. A letter was presented from W. Dwight Turner, 414 - 38th Street, Newport Beach, submitting for the Board of Directors, of the Newport Island Association a plan for nE plantings. at 40th Street end and Marcus Avenue. The matter was referred to the Parks, Beaches and Recrea- tion Commission. TTEST: 1 o �. Cit Cle k yor Page 114 Motion Ayes Noes Motion COUNCILMEN x Ayes x Noes x x x Motion x Ayes x .x x Noes x Motion All Ayes Motion All Ayes Motion All Ayes kN x x CITY OF NEWPORT BEACH COUNCILMEN Volume 16 - Page 1.15 Index .Tono...l.e «.t7 10117 A fc Da C? Lc Lc Ze Ewa Al Fi la Bt; An MME C�. r L St Px ex C1 4 'iii, 5. The following Claims were denied„ and the- City "Clerk's Motion x r referral of the matters to the insurance carriers was All Ayes mage 3 confirmed- 84 till (a) Claim.for Damages of Lucille Lovelette, alleging a vela to fall on September ,30, . 1962 in front of 1125 Balboa Aver . nue, Newport Beach was a result of a.defective con - dition in sidewalk; alleging general damages in the amount of $5000. bent (b) Summons and .Complaint in Orange County Superior nrad Court Action No. 108937, Robert G. Conrad, Plaintiff, vs. Jack C. Manley,. et al., re accident on August 19, 1962 when "Joan Doe Manley fell or was pushed by De- fendant Bobby Doe Anawalt" from a pier on Balboa Island,, striking the head and.body of plaintiff; alleging general damages in .the sum of $75, 000. (c) Claimant's Report of accident of Albert Fischler,, re- ert Soh garding accident on September 14,;1962 at Superior r - Avenue and 101; alleging cause of accident "hazardous ;condition at the intersection created by improper traf- fic controls of long standing ;" alleging cost of car re- pairs $104. 52, and alleging bodily injury. BUDGET AMENDMENTS: dget send he following Budget Amendments were .approved: Motion x ntg All Ayes 102 No. C -17, being a transfer in Budget Appropriations (no increase or decrease in Surplus) for office chair, from Account 2394 - Furniture and Fixtures to Fire Depart- ment Office Equipment (6136). No. C -18,, being an increase in Budget Appropriations in the amount of $9000 (net decrease in Unappropriated Sur- ' plus), and an increase in Revenue Estimates in the amoun of $1500 for library furnishings per recommendations of the Library Trustees; from Unappropriated Surplus General to Budget Appropriations Control General, Fur- niture and Fixtures, Mariners Park Library Furnishings. DDITIONAL BUSINESS: .rplus Mayor Hart stated that there was a small parcel of City OP owned property at 38th Street, formerly being a part of t38' the Pacific Electric right -of -way which was surplus prop- erty. The City Attorney was requested to prepare .a resolution for the sale of surplus property for considera- tion of the Council. Mayor ATTEST: CifLv Clerk Page 115 CITY OF NEWPORT BEACH COUNCILMEN Volume 16 - Page 116 my�o 0 0"N foi mz o P �yNA�Index *+ ,� ,nc _ 1. G111VG1 1, 17V4 1 1\ 1 1 1 1 1_ COMMUNICATIONS - ADVISORY: The following communications were ordered filed: Motion x All Ayes Speed 1. Letters from the following individuals protesting increase Limit Irvin in speed limit on Irvine Avenue between Westcliff and Ave. Francisco to 35 miles per hour: CA 18 (a) Mrs. Jack M. Horn, 1736 Irvine Avenue. (b) James C. Davy, 1706 Irvine Avenue. Xmas 2. Poem and Christmas message from John Leslie Booth. Poem CA 15 . Copies of Agendas for the Board of Supervisors meetings Bd of of December 11 and 12, 1962. Supils Agend DDITIONAL ITEMS: CA 53 • 1. At Councilman Lorenz' request, the City Clerk read the following Minute Resolution: Minute Reso As the year ends, the City Council wishes to thank lUti01L all City employees for their devotion to duty during CA 83 the past year, and wishes to commend them for a job well done. The City Council especially desires to thank the City Manager and all Department Heads for their loyalty, straight- forwardness and constant alert- ness to make the City of Newport Beach a better and more economical community in which to live. The City Council extends its best wishes for a happy season to all employees and their families and looks forward to a successful year 1963. The above Resolution was adopted. Motion Roll Call: x Ayes xxxx x Abstained from voting x Ross 2. Councilman Stoddard commented on a proposed change more in the pattern for aircraft instrument landing approach Leisui a to the El Toro Marine Corps Air Station's main runway, World in view of the proposed Leisure World development in the CA Eta vicinity of Laguna Beach, which matter would be before the Board of Supervisors on December 27th. He stated that the contemplated change would place the instrument approach area directly over a portion of the City of New- port Beach and would interfere with the instrument approach to the Orange County Airport. Mayor Hart stated that the City had been represented at two hearings Mayor ATTEST: M u . q O A ity erk Page 116 Index • C CA 91 • ,...,,.- -- , 1-7 l 01.7 CITY OF NEWPORT BEACH COUNCILMEN Volume 16 - Page 117 p `O N A O m y Z 9 O�� N � F P before the Orange County Planning Commission and that he had sent a letter in opposition to subject proposal which .had been presented at said hearings, a copy of which had been forwarded to the Board of Supervisors. It was. agreed that Mayor Hart, Councilmen Stoddard and Lorenz would attend the Board of Supervisors hearing regarding this matter to voice the opposition of the City of Newport Beach. 31 The Clerk was advised to adjourn the Council meeting g on December 24 sine die. The meeting was adjourned at 11:30 P.M. Motion x All Ayes Mayor , ATTEST: ity Werk Page 117