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HomeMy WebLinkAbout03/23/1964 - Regular MeetingIndex Ae d at ion o` Czpt. jonss o ire uei3t . SLR 63 3A 73 --g lie 106 " St. owners —�azsd bldg CA 81 C -1032 CA 0 CITY OF NEWPORT BEACH Volume 17 - Page 228 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: March 23, 1964 Time of Meeting: 7 :30 P.M. Place of Meeting: Council Chambers Roll Call: The reading of the Minutes of the Regular Meeting of March 91 1964 was waived; the Minutes were approved as written and ordered filed. ,Mayor Hart highly commended. Captain Jack W. Jones of the Fire Department for his heroic efforts and.keen presence of mind in rescuing Fireman Jim Brooks when..he came in con - tact with a 'downed power line. Mayor Hart stated that, in his opinion, Captain Jones' prompt action may well have saved the life of Fireman Brooks. HEARINGS: 1. The City Clerk stated that this was the time scheduled for the continued public hearing regarding Notice to Abate Nuisance served by Building Inspector Oliver A. King.on property owners Russell Harriman and W. Peyton Harri- man of buildings located at 1401 East Balboa Boulevard (also known as 105 "F" Street), Balboa. n A letter was presented from R. A. Glenn, Bui ding and Safety Director,. stating that the owners of sub�ect. build- ings had voluntarily razed them, thus eliminating the nuisance. In view of the fact that the nuisance had been abated,. the hearing was cancelled. Councilman Lorenz joined the meeting. 2.. Mayor Hart opened the public hearing,regar ding. Ordi- nance No. 1082, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 28, rezoning Lots I .through 9, Tract 5287, located. in West Upper Bay area, from an Unclassified District to an R- 1 -B District; Planning. Commission Amendment No. 179. No one desired to speak from the audience. The hearing was. closed. ATTEST: Mayor Page 228 Present Absent Motion Ayes Absent Motion Ayes Absent Motion Ayes Absent COUNCILMEN 0 0 � p 0 0 Index 0 © -1°079 cu tiew Ao`t' MA mars •CA 3� Cook re cur laws C =1083 water c Barges • ido Sands inn egg CFA 12 acquis9 vi9^E. & So pac paopty 0 CITY OF NEWPORT BEACH Volume 17 - Page 229 March Ordinance No. 108Z was adopted. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1079, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING SECTIONS .4ZZ 1 THROUGH 4226 OF, AND ADDING NEW SECTIONS 4221 THROUGH 4224 TO, THE NEWPORT BEACH MUNICIPAL CODE RELATING. TO CURFEW HOURS FOR MINORS, was presented for second reading. Ordinance No. 1079 was adopted. Councilman Cook stated he wished the record to show that he was not opposed to curfew laws .but was opposed to this Ordinance because it did not have enough teeth in it, it does not give the Police some of the tools he thoug the Council could give them. 2. Ordinance No. 1083, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 7211. 31 TO, AND AMENDING SECTION 7217 OF, THE NEWPORT BEACH MUNICIPAL CODE RELATING TO WATER CHARGES re Lido Sands Annexation to Coastal Municipal Water District and Metropolitan Water District, was presented for second reading. Ordinance No. 1083 was adopted. CONTINUED BUSINESS: 1. A memorandum was presented from theCity Attorney dated March 19, 1964, regarding the acquisition of Pacific Electric and Southern Pacific property. The Mayor and City Clerk were authorized and directed to execute the original of the letter from Southern Pacific Company and Pacific Electi•ic'Railway Company ATTEST: Mayor ty Clerk Page 229 COUNCILMEN Motion Roll Call: Ayes Absent Motion Roll Call: Aye s Noes Absent Motion Roll Call: Ayes Absent Motion Ayes Absent x I. Index Cty hold Co ham - less CA 25 CA if 1 -59' CA 25 Beto St. name chane. 1_ 59? CA 2% vacat ion 61st 626 St Alley CA F �, 2g 2r ?e :°sal 136 CA 13 CITY OF NEWPORT BEACH Volume 17 - Page 230 n, inLA COUNCILMEN in which the City is authorized to take possession of the property which is in the process of being purchased by the City, of Newport Beach and under which the City would agree to hold the companies harmless from liability arising by virtue of the City's taking possession of the property. 2. Resolution No. 5931, awarding a contract for the im- Motion x provement of Balboa Boulevard from 32d Street to 21st Roll Call: Place to Sully- Miller Contracting Company in,the arnouni Ayes x x x x x of $105, 065. 15 (C -679), was adopted. Absent x 3. A memorandum dated March 16 from the Planning Com- mission recommending approval of the request from The Irvine Company to change the name of Beto Street. to Bison Avenue, was presented. Resolution No. 5932, changing the name of Beto Street Motion x to Bison Avenue, was adopted. Roll Call: Ayes xxxx x Absent x x 4. The recommendations dated March 20, 1964 from the Planning Commission recommending denial of the pro- posal of Mr. and Mrs. Clyde Denlinger and BOC, Inc. that the 10 foot alley between 61st Street and 62d Street be abandoned from West Coast Highway to Newport Shores Drive, were presented. Councilman Elder joined the meeting at this time. The recommendations of the Planning, Commission were Motion x accepted. Ayes x x x x x x Absent x 5. A memorandum dated March 20, 1964 from the City Manager and Public Works Director regarding Pier Per- mit A -1366, application of Lido Isle Community Associa tion to construct floats and slips adjacent to storage are at southeasterly approach to Lido Isle bridge, was pre- sented. A memorandum dated March 20, 1964 from the City Attorney regarding Pier Permit and Harbor Struc- ture Permit Applications B- 1174-R and A -1366, Lido Isle Community Association, was presented. A discussion was had. Further consideration of the mat Motion x ter was diaried to the Study Session of April 27, 1964. Ayes X x x x x x Absent x CURRENT BUSINESS: 1. Contracts for reimbursement of cost of water main and sewer main and construction improvements were pre- sented, as follows: Mayor ATTEST: City Clerk Page 230 Index • 5 -5933 CA 32 C -898 LI= 5935 L.A. Becker CA 12 C °899 8 -5935 C -900 R-5936 n taoancs • �9 R-5937 Bandy C =or'C3 portic� Beacon St. CA 14 popul.ag: FT B •0 =81 CA 91 Cdy Study C -889 FOR re. Free- way CA 69 CITY OF NEWPORT BEACH Volume 17 - Page Z.31 March Z3, 1964 (a) Resolution No.. 5933, authorizing the execution of a contract for reimbursement of cost of constructing sewer main with L. A. Becker, owner of Lot 35, Tract No. 444, was adopted. (b) Resolution No. 5934, authorizing the execution of a contract. for reimbursement of cost of constructing water main with L. A. Becker, owner of Lot 35, Tract No. 444, was adopted. (c) Resolution No. 5935, authorizing the execution of a contract for reimbursement of City for cost of con - structing improvements,' contract with Thomas H. Blandi, was adopted. (d) Resolution No. 5936, authorizing the execution of a contract for reimbursement of City for cost of con- structing improvements, contract with Harold S. Thompson, was adopted. (e) Resolution No. 5937, authorizing the execution of a contract for reimbursement of City for cost of con- structing improvements, contract with Wayne E. Bandy, was adopted. 2.. A memorandum dated March 16, 1964 from the City Manager and Public Works Director regarding proposed vacation of public utility easement in an abandoned por- tion of Beacon Street, was presented. A discussion was. had. Further consideration of the mat ter was diaried to April 27, 1964. A report was ordered filed from the State Department of Finance that the population of the City of Newport Beach as of February, 1, 1964, was 34, 100. 4, A memorandum from Planning Director J. W. Drawdy, dated March 9, regarding progress on the "Corona del Mar Study ", attaching a report from Murton H. Willson and. Associates dated March 3, was ordered filed. 5. A letter dated March 18, 1964 from Edgar F. Hirth, Chairman of the Parks, Beaches and Recreation Com- mission, regarding Coastal Freeway recommendations, was ordered filed. 6. A memorandum dated March 19 from the City Manager and Public Works Director regarding the receipt of three bids by the City Clerk on March 18 for Coast Highway • ATTEST: a.. Cit Clerk Page 231 COUNCILMEN Motion Roll Call: Ayes Absent Motion Roll Call: Ayes Absent Motion Roll Call: Ayes Absent Motion Roll Call: Aye s Absent Motion Roll Call: Aye s Absent Motion Aye s Absent Motion Ayes Absent Motion Ayes Absent Motion Ayes Absent K X E. E. CITY OF NEWPORT BEACH Volume 17 - Page 232 Index March-23, 1964 • improvements, Orange Street vicinity, signals and light - 'Crangc ing, was presented. St. signal Resolution No. 5938, awarding a contract for said work 11 °5938 to E. D. Johnson and Company, at the contract rice of CA 19 P y, P =875 $20, 076. 00, was adopted. 7. A memorandum dated March 20, 1964 from the City I.indo Manager and Public Works Director regarding the re- Alley ceipt of eight bids by the City Clerk on March 18 for pav- "ng water main construction in East Newport and alley pavin & wtr in'Lindo Alley, was presented. main constr E. Nwpt Resolution No. 5939, awarding a contract for said work e =5939 to Robert B. McClary, dba Hydro Construction Co., at Hydro the contract price of $31, 317. 17, was adopted; with the Conny Cc provision.that the 'alley paving be included completely, conditioned that no City funds are expended for this pav- • C -8 3 .ing. 8. A memorandum dated March 19, 1964 from the City 1963 =6L;. Manage land Public Works Director regarding the re- St.malki ceipt of two bids by the City Clerk on March 18 for 1963• ?rogram 64 Street Maintenance Program, was presented. Pa- 5940 [Marren SouthaeIe. C =893 Iry Ave repair C -895 i 1 U Resolution No. 5940, awarding a contract for said work to Warren Southwest, Inc. , at the contract price of $27, 679. 50, was adopted. s 9. A memorandum dated March 19 was presented from the City Manager and Public Works Director recommending approval of plans and specifications for Irvine Avenue and miscellaneous street repairs, recommending author• ization to the City Clerk to advertise for bids to be re- ceived at 10:30 A. M. on April 22, 1964. The recommendations were approved and authorized. 7 =591 10, Resolution No. 5941, authorizingthe'Mayor and City wtr lin Clerk to execute a financing agreement with Orange 15th & County for the lowering of the 24" water line at 15th and °latent a Placentia, was adopted. C -902 2- 5942 no prkg PopDye Hazel CA 22 1. Resolution No. 5942, establishing a no parking area, prohibiting parking on the southerly side of Pacific C Highway between Poppy and Hazel, . was adopted. 12. A memorandum dated March 20, from the City Attorney regarding the proposal of the Balboa Bay Club for I ATTEST: Mayor Page 232 COUNCILMEN Motion Roll Call: Ayes Absent Motion Roll Call: Ayes Absent Motion Roll Call: Ayes Absent Motion Ayes Absent Motion Roll Call: Ayes Absent Motion Roll Call: Ayes Absent x x :a Index March'23, 1964 0 BBC �isdtseho Comte to stud BBC lease- hold W/ sue 9 C -519 21st St improvm Notice to Cone • C -868 St. e ment & Bel Blvd Bandy CA 29 • CA 63 CITY OF NEWPORT BEACH Volume 17 - Page 233 approval of its leasehold assignments by Deeds of Trust, was presented. A Committee comprised of the following, Chairman Vice Mayor Lorenz, Councilman Marshall, and Councilman Stoddard, was appointed to study the proposal and was authorized to employ the City's auditor, Ira N. Frisbee, or if Mr. Frisbee is not available, some other accoun- tant of its selection, to make recommendations to the Council at an Adjourned Meeting on March 27, at 8 :30 A. M. A memorandum from the City Attorney to the City Clerk dated March 20, 1964, was presented regarding the con- tract for improvement of 21st Street (C -868), and re- garding a proposed Notice to the Contractor, Bay- Sierra Construction and Equipment Company. and National Union Fire Insurance Company from. the City that the work be completed before March 31, 1964 or the contract will be suspended. Motion Ayes Absent The City Clerk was authorized and directed to transmit Motion a Notice to Contractor directing that the work be com- Ayes pleted before March 31, 1964. Absent 14. A memorandum dated March 20, 1964 from the City Manager and'Public Works Director regarding recom- mendations for the acquisition of the street easement at the northeasterly corner of 28th Street and Balboa Boule vard was presented. The purchase of a street easement at the northeasterly corner of 28th Street and Balboa Boulevard from Wayne 'Bandy of 2.01 - 28th Street, for the price of $75. 2.5, was authorized. APPLICATIONS FOR LICENSE: The following Applications for License were approved: 1. Exempt, Mrs. Paul R. Holmes, President, American Cancer Society, Orange County Branch, annual crusade for funds for research, education and service; solicita- tion will be conducted primarily on neighbor to neighbor basis; drive to be conducted April, 1964; approximately 300 solicitors.. 2. William Colenbrander, 32071 Virginia Way, South Laguna, for house to house soliciting carpet and uphol- stery cleaning, for Colenbrander Carpet and Upholstery Cleaning. ATTEST: a� Cit Clerk Mayor Page 233 Motion Ayes Absent Motion Ayes Absent COUNCILMEN x x Index • Protest: letters 're removal of sgop signs 36th 6: Bal i31vc • Bane Letter Crossen ltr ,day G'Yall address to Counc • ref to Traff CA 19 Payne lgr re • B13C bu head CA 70 CITY OF NEWPORT BEACH Volume 17 - Page 234 March 23, 1964 3. Exempt, Waymann Carlson, 2638 Riverside, Costa Mee for house to house soliciting the sale of World Book and Childcraft, Field Enterprises Educational Corporation r Chicago, Illinois. COMMUNICATIONS - REFERRALS: 1. Letters regarding the removal of the stop signs at 36th Street and Balboa Boulevard Were presented, as, follows: (a) Letters from the following opposing the removal of the stop sign: Bob Rosen, Mrs. Everett (Wilhelmina) Nunan, F. O. He,thcock, Mrs. Mary'Roden, Roy and Pauline Van der Linden, Lucy R. Watson, Ralph W. Watson, Mr's. Eunice J. Goodell, Mrs. E. H. Grahan and Earl H. Graham, Mrs. Philip L. Pike, Walter F. Asmus, Agnes Allen, Mr, and Mrs. C. E. McFarland, Mrs. Robert S. Arthur, Mr. and Mrs. L. G. Lindaue , Phyllis Hird, Dr. and Mrs. William Randol, Clyde B. Roden, A. D. Fairbairn. (b) Letter from Harry Bane, President, West Newport Improvement Association, protesting the removal of the stop sign at 36th and Balboa Boulevard, and stati other recommendations. (c) Letter from Mrs. H. D. Crossen, ,3711 Lake Avenue, approving of the removal of the signs at 36th Street, but emphasizing a need for traffic control at 38th Street, proposing a boulevard stop at the intersection of Balboa Boulevard and 38th.. The follbwing "people addressed the .Council opposing'the removal of the signs: Jay Wall who presented a petition bearing approximately. 93 signatures of adults and 48 sig natures of children, requesting that the stop sign and flasher light be replaced at 36th Street and Balboa Boule- vard at the earliest possible time; Harry Bane; Mrs. Jea Allan; W. F. Asmus; Mrs. McBride. A discussion was had. Councilman Cook made a motion.that the staff be instru ed to return the boulevard stop sign at 36th Street and Balboa Boulevard in the morning. Further discussion was had. Mr. Crossen spoke from the audience. The motion.failed adoption. The matter was referred to the Traffic Engineer RECESS for five minutes was declared by Mayor Hart. The Council reconvened. 2. A letter from Woody Payne, owner of property on the Bay, objecting to the proposal of the Balboa Bay Club.to build a structure that will extend beyond,the bulkhead line, was referred to the Boat Storage Policy Committee TTEST: ty tv �, Mayor 234 COUNCILMEN - Motion Ayes Noes Abstained from. voti: Absent Motion Ayes Absent Motion Aye s Absent x x x x Index March 23, 1964 Req Lor - - t.rai_sniaa in rescu2e tech niq CA 64 CdN.. Lib CA 65 C lMs for damasss • S cans lac, Telex Teleg Co. CA 84 medien Via Lido LM left: turns at Via Lido CA 12C LARTS Reports CA 99 CA 69 0 CITY OF NEWPORT BEACH COUNCILMEN Volume 17 - Page 235 3. A letter from Florence S. Cermak, President of the Harbor Council, PTA, requesting support and assistai in making official training available regarding rescue - techniques, particularly that of closed chest massage, es was referred to the City Manager. 4. A letter from Mrs. Vera B. Davis, 315 Driftwood Road, Corona del Mar, urging the renaming of the Corona del Mar Library to the Dorothy Harry Branch, was ordered filed. 5. The following, Claims for Damage were denied and the City Clerk's referral of the matters to.the insurance carriers was confirmed: (a) Claim of William J. R. Sims, No. 1 Bay Island, Bal- boa,, for alleged damages.to a hot water heater which flooded claimant's basement with water "due to in- creased water pressure occasioned by the fire at No. 8 Bay Island. " (b) Claim of Pacific Telephone and Telegraph Company, alleging that an air spade owned and operated by the City of Newport Beach damaged a 100 pair, 26 gauge buried cable on February 27, 1964 at 15th and New- port Boulevard, estimated loss in the amount of $85, requesting permission to substitute true amount as soon as it has been determined. 6. A letter was presented from Leo J. Trombartore, Dis- trict Traffic Engineer of the State Department of Public Works, Division of Highways, directed to the City Mana ger, regarding the proposal to remove the painted media on Via Lido easterly of Newport Boulevard. The staff was instructed to put in left turns at Via Lido easterly of Newport Boulevard, and to advise the State that in the judgment of the City Council the property values and the peculiar construction of the street layout at this location dictate that this must be done on a trial basis. 7. A letter from Edward T. Telford, Study Director for Los Angeles Regional Transportation Study, transmi a copy of the LARTS Base Year Report was received ordered filed. 8. A letter from J. C. Womack, State Highway Engineer, regarding ;factual information for a report to the 1965 Legislature re progress made in developing the Califor- nia Freeway and Expressway system, was ordered filed. TTEST: Page 235 Motion x Ayes X x x Absent Motion x Aye s x x x Absent Motion x Ayes x x x Absent Motion Ayes Absent Motion Ayes Absent Motion Ayes Absent x Ix a 0 � p o p CITY OF NEWPORT BEACH COUNCILMEN Volume 17 - Page 236 N r ®ri�'�' 1 O A I ndex �.___L...� ..<. -� °` � o LJ Be Er Co' CA it re bl re C] CA ?U; Ap, 45 of pa, Te CA Br. • we. ab. Mai pri CA • ach 9. A copy of a Resolution of the Orange County Board of Supervisors adopted. February 18, 1964 regarding Beach :)Sic n gig Erosion Control Project, was ordered filed. Motion x 49 Ayes xxx xx x Mayor Hart asked the City "Manager how he was coming Absent with the requested report in this matter, The City Man- ager said it would be forthcoming soon. 10. The following letters regarding legislation which would prevent State agencies from preempting the field of local Ps building regulations were ordered filed: Motion x Ayes xx xxx x 3� (a) Letter from A. R. Mori, Secretary of the Committee Absent x �s for a State Uniform Building Code, regarding the Resolution adopted by the City of Newport Beach op- posing the "New State Building.Code, Title 24, A Uni- form Set of Building Standards .for all the State Agen- cies. " (b) Copy of a letter sent to the Honorable George W. Doney, Mayor of the City of Tustin, from Harry A. Il C Cobden, Executive Secretary, State Building Stan - dards Commission. 11. The following communication was ordered filed: Motion x Ayes xxx xx x Application No. 45726 of the Pacific Telephone and Tele Absent x graph Company for authority to increase certain intra- 726 state rates and charges applicable to telephone service furnished within.the State of California,. before the Public Utilities. Commission, being an amendment to the appli- 1 ep cation for specific rate increase authority, supplementin 36 applicant's showing in Case No. 7409. (Large booklet. ) 12,. A letter of protest from Robert V. Brose was presented, )se regarding weed assessment "added to the 1963 -64 prop - erty tax bill on portion of Lot 7, Block 50, River Section ad Newport Beach;. stating that the weeds had been removed �t:e- from subject lot in March of 1963. The City Clerk read tt a letter from Mr. Ernest J. Ballif and Catherine I. )test Ballif which states that they had removed the weeds fro ¶ said property in March, 1963, as noted in the letter from Mr. Bross. Mr. Bross spoke from the audience. The letter was referred to the staff. Motion x Ayes NxXxx x Absent x Mayor ATTEST: NX 11�— City lerk Page 236 CITY OF NEWPORT BEACH Volume 17 - Page 237 Index March 23. 1964 •� 13. A letter was presented by Councilman Cook from the re Balboa Island Improvement Association requesting re- moval of seventeen, inactive curb breaks on'Balboa Is- curb land. Vice Mayor Lorenz stated that a similar situation breel-s exists in Corona del Mar in quite a few places. BI 30 The matter was referred to the City Manager for report CA back on April 13. BUDGET AMENDMENTS: Budget The following Budget Amendments were approved: hmend- mernts 1. No. C -50, in the amount of $65, 500 (increase in Unap- propriated Surplus), being an increase in Revenue Esti- mates, money.to be received from sale of Parcel J to • Edker L. Pope, being an increase in Unappropriated Sur plus Capital Outlay from sale of property. Z. No. C -51, in the amount of $1500 (decrease in Unappro- priated Surplus), being an increase in Budget Appropria- tions for demolition and removal of Pacific Electric Sta- tion Building; from Unappropriated Surplus Capital Out - lay Land Improvements, Balboa Boulevard construction 23d to 30th. ADDITIONAL BUSINESS: Cdz 1. Councilman Stoddard stated that the Corona del Mar clean Chamber of Commerce was putting on a clean -up drive I p and requested that the City assist in notifying the water drive customers in Corona del Mar regarding this drive, at CA J-76 an estimated cost to the City of $85. • The expenditure of funds to assist in notifying the Corona del Mar residents 'ofthe clean -up drive was authorized. 2. Councilman Cook requested the City Manager to contact. lines. the State regarding the painted dines on Coast Highway On Coe t; which are marked with a paint not visible during rains. HWY CA 120 3. Councilman Cook requested the City Manager to reply traf to a4etter which had been.sent to the City Manager by orob Mr. L. H. Mahoney regarding a traffic problem near CA 2.114 the City Hall. 4. The City Clerk stated that a copy of a Minute Order had Minute been received from the Board of Supervisors in connec'- Order tion with a meeting held March 17, . 1964,. indicating that f Brd c£ Sup Mayor ATTEST: D n Citt Clerk Page 237 COUNCILMEN Motion x Ayes xx xxx x Absent x Motion Ayes Absent Motion Ayes Absent K4 V V x x x x x x CITY OF NEWPORT BEACH Volume 17 - Page 238 Index March 23, 1964 0- ®f an extension of time to March 31 at 2 :00 P. M. had been t im- granted for the report to the Board of Supervisors on the for proposed Upper Newport Bay Land Exchange. rep tlo 33::d Suz 5. The City Manager was granted permission to be absent CA 70 from the City to attend a League of California Cities C /&ngr Board of Directors,! meeting in Riverside on April 8, 9, CA 87 10. 6. The City Manager stated that the Division of Highways traf will open bids on April 9.for a traffic signal at MacArthu signal Boulevard, Palisades Road and San Joaquin Road. 1,acAr_,c Blvd CA 19 COMMUNICATIONS - ADVISORY: The following ,communications were ordered filed: • 1. Copy of Resolution from the City of Stanton protesting CA 36 the breaking up of the Orange County Directory of the 'Pacific Telephone Company into five sections. 2. Letter from State of California Public Utilities Commis - CA 36 sion acknowledging receipt of City of Newport Beach RUC Resolution protesting the breaking up of Orange County telephone directory, stating that the Council action will be brought to the attention of the Commission. 3. Agendas for the meetings of the Orange County Board of CA 53 Supervisors held March 10, 17 and 18. The meeting was adjourned at 9:27 P.M. until 8:30 A.M., gd our-, Friday, March 27. •ATTEST- Mayor Page 238 COUNCILMEN Motion Ayes Absent Motion Aye s Absent Motion Ayes Absent