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Home My WebLink About09/10/1963 - Regular MeetingIq 11 14 CITY OF NEWPORT BEACH COUNCILMEN Volume 17 Page 62 Minutes .of REGULAR MEETING OF THE CITY COUNCIL Date :of Meeting: September 10, 1963 m a ro c Time of Meeting: 7:30 P. M. rm i m s 0 Index Place of Meetine: Council Chambers � x Roll Call: Present x x x : Absent x The reading,of the Minutes.of the Regular Meeting of August 26, 1963 was waived; the Minutes were approved as written Motion x and ordered filed. Ayes x x X34 Absent x HEARINGS: 1. In connection with the scheduled continued public hearing ;hris- regarding the appeal of Gene V.- Christensen from the de- :ensen cision of the Planning Commission denying Application fo sppeal Variance No. 756, Councilman Stoddard stated that the ` applicant now has certain elevation drawings which were 156 not available at the time of the Planning Commission hear- ing and that he would like the matter referred back to the Planning Commission. Mr.- Christensen spoke .from the audience and confirmed the statement. ' Application for Variance No. 756 was referred, back.to th Motion :A -13 Planning Commission for further consideration in view of Ayes x x x x additional evidence. Absent x 2. The Mayor announced that the hour:of 7:30 o'clock P:'IM. having arrived, this was the time and place fixed for the hearing of appeals or objections to the confirmation.of the assessment in the matter of the. construction of certain issess Dist improvements in Assessment District No. 47, in the City of Newport Beach, California,. as described in Resolution t -5693 of Intention No. 5693 adopted by the City Council of said City on the 26th day, of November, 1962. The Clerk announced that Notices of the filing,of the assessment and of the time and place for hearing were duly, and regularly published, posted and mailed, all as prescribed by law,, and that affidavits showing such com- pliance were on file in her office. The 'Mayor then inquired of the Clerk if any written ap- peals, protests or objections had been filed as to the Iritter Work done or as_.to the assessment, or as to any other )rotesi s matters pertaining to the proceedings. The Clerk re- ported that three written appeals or objections had been filed with her prior to the time set for hearing. The Clerk read to the Council letters from Attorney Melvin S. Spears. for his client, Harry. J. Rogers, a letter from Attorney Galvin'R. Keene for his _clients, Mr. and Mrs. William M. Black, and a letter from Jack Cornair. The Mayor then announced that this was the time and place fixed for the hearing of all appeals, protests or Mayor ATTEST- rip v CiT Clerk Page '62 CITY OF NEWPORT BEACH COUNCILMEN Volume 17 Page •63 N R� Y f0 O O A�2N yA xm P - OC 4C111UC1 1V 1 7VJ objections to the doing.of the work, theassessment, or to the confirmation of the assessment, by the Council, and asked if anyone present desired to be heard. Attor- ney Melvin Spears addressed the Council on behalf of Harry J. Rogers in connection with.Assessment No. 11. Attorney William Mackenzie Brown, employed by the City to handle the assessment district. proceedings, spok from the audience. The Public Works Director explame Asses3 that an error had apparently been made in levying an 9 &10 assessment for water and sewer connections for Assess- ment No. 9 and Assessment No. 10 and that $259. 68 was recommended for deletion from the assessment charges for each of said assessments. It was recommended that the City assume the costs of the error rather than sprea - .ing it on the rest of the District. Mr. Stevens, of Southworth and Stevens, representing the engineers who made the assessment spread, spoke • from the audience. It was directed that all appeals, protests and objections Motion x be overruled and denied with the exception that in actor- Ayes x x x x x x Parce s dance with the recommendations of the Public Works Absent x 9 &10 Director, Parcels 9 and 10 be reduced in the amount of $259. 68 each and that those amounts be picked up by the City in addition to its share. Mr. Spears, on behalf of Mr. Rogers,. took exception to the :action taken. After a full, . fair and impartial hearing and an opportunity having been given to all persons desiring to be heard, R -585 Resolution Noa 5855, being a'Resolution ordering certain Motion x Adopt changes. and modifications in the assessments for Assess Roll Call: ment District No. -47, was adopted. Ayes x x x x x x Absent x Resolution No. .5856, being a Resolution.of the City Council of the Cityof Newport Beach, California, con- Motion x R-5851 firming assessment in -the :matter of the construction of Roll Call: Adopt certain improvements in Assessment District No. 47 in Ayes x x x x x x said City as modified, was adopted. Absent x CA -29 Mr. Spears, on behalf of Mr. Rogers.,. took exception to the adoption of Resolution No. 5856. 3. Councilman Elder stated he would disqualify himself from participation in the public hearing regarding Use UP -97 Permit No. 972 because of a business relationship with the owner .of the building involved. He stepped down from the rostrum. Mayor ATTEST: Ci Clerk Page 63 Index Mont- apert: -97: C Pi Comm Ltrs re Bric Ward Prep Sch • CA -15 lirg closed 0 September 1 1963 CITY OF NEWPORT BEACH Volume 17.- Page 64 Mayor Hart opened the public hearing regarding the appeal of Norman B. Montapert from the decision of the Planning Commission approving the application of Bricker =Ward Preparatory. School for Use Permit Nor 972 for permission to have a school of limited enrollmen of students with above average I. Q. where they, may re- ceive advanced work to prepare them for college or university entrance; Lots 1, 2, 3, Block 109, Section B', Newport Beach Tract; Zone R -3. The following communications were presented: (a) Findings of the Planning Commission. (b) Letters dated August-22, 26 and 27 and "Facts" from the Bricker -Ward Preparatory School. (c) Letters and cards opposing subject Use Permit: Olga Van Enden; Central Newport Beach Community: Asso- ciation; petition bearing. 224 signatures; Mrs. Marinit: Davis McCracken; Stuart C. Briggs; Ursula. N. Varile. Mrs. M. F. Zulowinska; Norman B. Montapert; Joe Casala; George West; B. W. Spencer; C. Regan; Clarence C. Stewart; Genevieve Chesebro; C. F. Landers and Mrs. Julia P: Landers; Elaine Parker; Karl Bonawitz; Harry J. Gormly; Hans and Bertha, A. Wippler; Helen Nyberg; 50 additional signatures to a similar petition mentioned above; R. A. and Evelyn A. Lindsay; Annie R. and Henry J. Behn; Lee O'Kelly; La Vina O'Kelly; Mr. and Mrs. James W, Hines; Mrs. R. S. King; Ruth W. and Leslie F,... Hawes; Mr. and Mrs. Ralph C. Larrabee; E. H. and Ethel M. Gardner Mary E. and N. A. Ross; Mrs. Dargin Smith; Clar.enc E. and Laura Rubbert; Dr. and Mrs. O. A. Dieterich, (d) Letter in favor of subject Use Permit from Harold Glass, and petition bearing 216 signatures in favor of subject Use Permit. The following people spoke from the audience opposing subject. Use Permit: Rod Lippold,.Attorney at Law, representing many opponents, Norman B; Montapert, Mrs. Marinita McCracken, Mrs. Robert Jacobs, and Henry Engle. Attorney.Lippold presented an additional letter opposing, the Use Permit from Mrs. Earl D. Fincb The following people spoke from the audience in favor of subject Use Permit: .Mrs. Gary D. Brown, represent- ing the applicant. for subject Use Permit, Mrs. Rae Jackson, John V6geli Chi,rles Larzelere, Robert Gardne The hearing was closed. TT�EST: ` ity Clerk Mayor Page 64 Motion Ayes Absent COUNCILMEN xl CITY OF NEWPORT BEACH Volume 17 - Page 65 Index SAntamhPr 10_ 1963 COUNCILMEN a 0 ,y a o Use Permit No. 972 was granted permitting a school for Motion a small group of above average I. Q. students where they Ayes x x UP -972 may receive advanced work to prepare them for college Noes cond or university entrance, said school to be conducted as a Absent x x grant secondary educational institution with limited enrollment, subject to the additional conditions: that the school day and the students be limited as far as occupancy of the building, or buildings,. or property, from 9:15 A. M. to 3:15 P. M. ; that there be no playground nor will play be conducted either at the premises or around the premises; that there be no classes conducting chemical experimenta- tion.; that no school buses be used and only station wagon CA -15 or similar small vehicles be used, and that they be park- ed on the parking lot and not on the street; that students may not be permitted to drive their cars under any con- ditions; that students be limited to 23; that the building will be kept neat, clean and in good repair; that there be no food prepared on the premises for the purpose of . serving students; and that the permit expire on the 16th of August, 1964. RECESS for five minutes was declared by Mayor Hart. The Council reconvened with all members present except Councilman Lorenz. 4. Mayor Hart opened the public hearing in connection with Resolution No. 5818, being a Resolution of the City R -5818 Council of the City of Newport Beach declaring its inten- tion to annex to the City certain property known as Annex Annex ation No. 52, located west of realigned MacArthur, sou 52 of Acacia, and giving notice thereof. The City Clerk certified that a copy of subject Resolution had been published in the Newport Harbor News Press - Daily Pilot and in the Santa Ana Register on July 26 and •Annex August Z. The City Clerk stated she had received "Annexation - Consent" from The Irvine Company, con - Consent" senting to be taxed to pay any indebtedness or liability of Irv.Co. the City contracted prior to or existing at the time of annexation in accordance with the Government Code. No one desired to speak from the audience. The hearing was closed. Motion Ayes xx x x: Absent x R -5857 Resolution No. 5857, finding and declaring whether a majority protest has been made by the property owners Motion x CA -108 at the hearing on the annexation, was adopted. Roll Call: Ayes xx x x] OK Absent x Mayor . TTEST: ity TIerk Page 65 CITY OF NEWPORT BEACH Volume 17 Page 66 Index September 10_ 1.963 COUNCILMEN my to A (ZN • Ordinance No. 1056, being 0-1056 AN ORDINANCE OF THE CITY OF NEWPORT BEACH APPROVING THE ANNEXATION TO THE Annex CITY OF NEWPORT BEACH OF CERTAIN UNIN- 52 HABITED TERRITORY CONTIGUOUS TO THE CITY OF NEWPORT BEACH AND KNOWN AS CA -108 ANNEXATION NO. 52 was introduced and passed to second reading. Motion Roll Call: Aye's x x x Absent x 5. Mayor Hart opened the public hearing regarding Ordinance 0-1055 No. 1055,. being Adopt. .AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING • DISTRICT MAP NO. 14, Zoning CA -10 rezoning'Lots:25 and 2.6, Block 10, Section -1, Balboa Island Tract, from C -1 -H to R -2; Planning Commission Amendment 'No.. 168. No one :desired to speak from the audience. The hearing was closed. Motion Ayes x x x Absent Ordinance No. 1055 was adopted. Motion Roll Call: Ayes x x Absent x ORDINANCES FOR INTRODUCTION: • 1. An Ordinance, , being AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING CHAPTER 3 AND CHAPTER 4 OF ARTICLE II OF THE NEWPORT BEACH Prop MUNICIPAL CODE, ENACTING A NEW CHAPTER Ord 3 AND CHAPTER 4 TO SAID ARTICLE II,. AND re AMENDING SECTION 2703 THEREOF,, RELATING Admin TO ADMINISTRATION, CA -87 was rediaried for presentation on September 23. Motion x Ayes x x Absent x Mayor ATTEST: City Clerk Page 66 X CITY OF NEWPORT BEACH Volume 17.- Page 67 Index _ SentamhPr .10_ 1963 COUNCILMEN r o i A y x 2. Ordinance 'NO: 1057, being 0 -1057 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING .;DISTRICT MAP NO-. 17, rezoning a portion of Block D located at 207 through 311 Zoning Carnation Avenue, Corona del Mar, from an R -2 to an R -3 District; Planning Commission - Amendment 'No. 169, was introduced and set for public hearing on September Motion CA -10 23, 1963. Roll Call: Ayes x x 39 X Absent x 3. An Ordinance,. being AN ORDINANCE OF THE CITY OF NEWPORT Ord BEACH AMENDING, REPEALING,. AND. ADDING re CERTAIN SECTIONS TO CHAPTER 2 OF ARTICLE . III OF THE NEWPORT BEACH MUNICIPAL CODE Traff RELATING TO TRAFFIC REGULATIONS Reg CA -114 was diaried for presentation on September Z3. Motion x Ayes xx xx Absent 4. Ordinance Nod 1058, being 0 -1058 AN ORDINANCE OF THE CITY OF NEWPORT Zoning BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 36, rezoning Lots ,l through 21, Tract No. 3975, from Un- CA -10 classified to an R -1 -B District; Planning Commission Amendment No. 172, was introduced and set for public Motion x hearing on September 23, 1963. Roll Call: Ayes x x x x Absent x . 5. Ordinance Wo. 1059, being 0 -1059 AN ORDINANCE OF THE CITY OF NEWPORT BEACH RENUMBERING AND AMENDING CERTAIN ` SECTIONS OF; AND ADDING CERTAIN SECTIONS TO, ARTICLE IX OF THE NEWPORT BEACH UP, Var MUNICIPAL CODE RELATING TO USE PERMITS, Appeals VARIANCES AND APPEALS was presented for introduction with a letter dated August CA -153 19, 1963, from J. 'W. Drawdy, Planning Director, indi- cating ,the approval of the Planning Commission; Planning Commission Amendment No,. 170. Ordinance No. 1059 Motion x was introduced and set for public hearing on September Roll Call: 23, 1963. Ayes x x x x Absent x Mayor ATTEST- (� City Clerk Page 67 x Index September 10, 1963 . • 0-1043 Adopt lit.lmt of fen ces CA -10 • 0 -1053 adopt Danc CA -63 and CA -177 V.- Walker R -5858 Adopt 40 CA-16 R -5859 CA -49 R -5860 CA -176 • CITY OF NEWPORT BEACH Volume 17 - Page 68 ORDINANCES FOR ADOPTION: 1. Ordinance No. 1043,,being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 9105. 2 OF ARTICLE IX OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO PLANNING AND ZONING, regarding height. limit of fences, was presented for con- sideration and adoption. Mr: Samuel Downing spoke fror the audience. Ordinance No. 1043 was adopted. Z. Ordinance No. 1053, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 3 TO ARTICLE IV OF THE NEWPORT BEACH MUNICIPAL CODE RE- LATING TO DANCING was adopted. CONTINUED BUSINESS: A memorandum was presented from the City,Attorney, dated September 3, 1963, regarding Picker v. Walker. Resolution No. .5858, authorizing the Mayor, and City Clerk to execute certain releases,in regard to said action, was adopted, CURRENT BUSINESS: 1. Resolution No. 5859, authorizing,the Mayor and City Clerk to execute an agreement with the Community Youth Center of Newport Harbor, was adopted. 2.. Resolution No. 5860, establishing a, procedure for expen- ditures .for community promotion, so that. no single ex- penditure from the Community Promotion Activity of the Budget exceeding the sum of $250 shall be made without specific approval of the City Council by motion, was adopted. =EST: Citvl Clerk Mayor Page 68 COUNCILMEN Motion Roll Call: .Ayes Noes Absent Motion Roll Call: .Ayes Absent Motion Roll Call: Ayes Absent Motion Roll Call: Ayes Absent Motion Roll Call: Ayes Absent x EN x x X xi Index September 10,, 1963 • Lib Book Select Pol CA -65 Tract. 4705 Tent Map Final • Map R -5861 Adopt. CA-23 Tract 5018 Tent Map Final • Map R -5862 Adopt CA -23 IMMY Coast Capital Inc. CA -38 Bal B Club C -519 CA -60 • CITY OF NEWPORT BEACH Volume -l7.- Page 69 3. A letter was presented from Mrs; Richard Lawrence, Secretary.of the Board of Library Trustees, submitting Newport Beach Library 'Book Selection Policy as revised in July, 1963 and approved by subject Board on August 20, 1963. The matter was diaried to September 23, 1961 4. A memorandum was presented from the 'Public Works De partment regarding the Tentative 'Map and the Final Map for Tract No. 4705, located in.the Eastbluff area, with the findings of the Planning Commission. The Tentative Map for Tract Na. 4705 was approved subject to the conditions recommended by the Planning Commission and the Public Works Department. The Final Map for Tract No. 4705 was approved subject to the conditions :recommended by the Planning Commis- sion and the Public Works Department, " and'the City Clerk was authorized to sign said Map. Resolution No. 5861, authorizing the execution of an agreement for the construction of improvements in Try No. 4705 with Eastbluff - Newport, Inc., was adopted. 5. A memorandum was presented from the Public Works Department regarding the Tentative Map and the Final Map for Tract No. 5018, located: in the Eastbluff area, with the findings of the Planning Commission. The Tentative Map for Tract No. 5018 was approved sub• ject to the conditions, recommended by the Planning Com• mission and the Public Works Department. The Final Map for Tract No. 5018 was approved subject to the conditions recommended by the Planning Commis- sion and the Public Works Department, and the City Cler was authorized to sign said Map. Resolution No. 5862, authorizing the execution of an agreement for the construction of improvements in Tract No. 5018 with Jamboree Land Co.,, was adopted. 6. Resolution No. 5863, authorizing the Mayor and City Clerk to execute a Grant Deed, pursuant.to a contract dated April 25, 1963, to convey, to Coast. Capital, Inc. certain real propertyLn the City of Newport Beach, re- serving an easement for public street and highway pur- poses over said property, was adopted. 7. A memorandum from Councilman Marshall regarding her appointment as a member of the Balboa Bay Club Lease Committee, was :received, noted, and ordered filed with no objections.. TEST: ty rk Page 69 0, Motion Ayes Absent COUNCILMEN X Motion Ayes x x Absent x Motion x Ayes x x Absent x Motion Roll Call: Ayes x Absent Motion Ayes x x Absent Motion x Ayes x x Absent Motion Roll Call: .Ayes x x Absent Motion x Roll Call: Ayes x x Absent Motion Ayes Absent x N CITY OF NEWPORT BEACH COUNCILMEN Volume 17.- Page 70 m y o 0 0 mA9 Z Y O � 7 A r N A F m A Index September 10, 1963 *rb Cut CA -3 "Coa Free CA -6 • Ltr Edwa Wall Lt. 23 CA -3 • CA -63 • rd Block 33, Newport Beach Tract, being "unbuildable wedg of land which adjoins my property." Councilman Cook made a motion that the offer be refused Motion x which failed adoption. Ayes x Noes x x x x x Absent x 8 It was directed that the City offer a quitclaim deed -for Motion x subject lot for $500 on condition that said lot be combined Ayes x x x x x x with the adjoining, lot by, resubdivision, that Mr. Wall pay Absent x all costs in connection with the transaction, and that Mr. Wall act upon the matter within sixty days. APPLICATIONS FOR LICENSE: The following Applications for License were approved: Motion x Ayes xx xxxx 1. Robert A. Hoffman, 3708 Channel Place, Newport Beach, Absent for Honda Scooter rentals (4) at 3000 Newport Boulevard; scooters definitely not-to be used on public sidewalk. 2. F: G.,Scott, Bayside Marine Sales, 2258 Oak Knoll Ave- nue, San Marino, California, for 61 slip rentals at. 1137 Bayside Drive; change of ownership. Mayor ,TEST: Q ity qerk Page 70 8. A memorandum was presented from the City Manager an Public Works Director regarding a request for a curb cut 0 a at 621 Begonia, Corona del Mar. The request was ap- M Motion proved. A Ayes x x x x x x x x x x h Absent x x 9. A report from the City Manager and Public Works Direc- sta f for dated September 6, 1963, regarding "Coastal Free- way ` ` way,." was presented. A discussion ensued. Said report was ordered received,, the Public Works Director was M Motion x x authorized to, investigate the costs of retaining a private A Ayes x x x x x x x x x x x traffic engineering firm to furnish specific vehicular A Absent x x volumes and other information on the local streets that would be affected by the interchanges, and to contact qualified firms and determine.-the types and costs of ser- vices :they have to offer;, the City Manager was authorized 9 v to write a letter to the Division of Highways stipulating / / conditions desired by the City prior to the execution of an agreement. Mr. Charles Palmer spoke from the audience expressing appreciation to the Council for their efforts to dissuade the Division of Highways from putting the Freeway along Coast Highway, "'0. A A letter was Presented from Edward E<_ Wall submitting a check in the amount of $500 as an offer for Lot 23, CITY OF NEWPORT BEACH COUNCILMEN Volume 17.- Page 71 N O i m 5 O G O A r ZN A F^ S Index September-10, 1963 • PIER PERMITS: The Minutes of the Joint Harbor Committee meeting held CA -130 September '3, 1963 were presented. 1. The following Applications for Pier Permits, recommen- ded for Council approval, were approved as conditioned: Motion x Aye's N X x x x x A- .614 -R Clarence E. Rubbert Absent x .1340 W1 Bay Avenue; Newport Beach Bayward of Lot 3, Block 2, Tract .626 Application to revise float to slip type. A- 1334 -R Forrest Shumway A -1352 1300 E% Balboa Boulevard, Balboa Bayward of Lot 1, Blocks 21 and M,-,aEast- side Addition Applications..to reconstruct existing pier . and slip and to construct wood retaining wall and groin. Recommended for approval subject to the approval of the Public Works Director making a ruling.on. the 60 -foot retaining wall and groin.. A -1349 Newport Construction Co. 222 Evening Star Lane, Newport Beach Bayward of Lot 129, Tract 4224 Application to construct ramp and slip float. Recommended for approval subject-to the approval of the U; S. Corps of Engineers. A -1350 Newport Construction Co. . 1106 Polaris Drive, Newport Beach Bayward of Lot 152, Tract 4224 Application to construct ramp and slip float. Recommended for approval subject. to the approval of'the U::S.Corps of Engineers. A -1351 Newport Construction Co. 305 North Star Lane, Newport Beach Bayward of Lot 107, Tract 4224 Application .to: construct ramp and slip float. Recommended for approval subject to the approval.of the U.S. Corps of Engineers. Mayor T{TEST: n n ty C erk page 71 Index • Req pier CA -41 • Ltr from White CA -22 CA -41 Peti So. Fr. ers CITY OF NEWPORT BEACH Volume 17 .- Page 72 2. The following Permit Transfer recommended for Council approval as conditioned, was approved subject to the in- stallation-of a backflow device: A -24 4028 Channel Place; Newport Beach 'Bayward of Lot.. 15, Block 441, Canal Section Transfer pier and float from W. L. and S. L: Scown to :Charles R. -, and Marguerite McCallu 3. The following Permit Transfers recommended for Coun- cil approval,. were approved: A -1035 '735 Via Lido Soud, Newport Beach Bayward of Lot 30, Tract 907 Transfer pier and slip from Harry. F. -and Florence A. Fortner to Joseph M. and Jill G. Thomas:' A -1052 518 -518 1/2 South Bay Front, Balboa Island Bayward of Lot 4, Block 1.1, Section 1, Balboa Island Transfer pier and float from Mayme I. McDonald to Perry!Snow. The City.Attorney was instructed to review the Pier Permit procedures to determine if it is possible to im- prove such procedures with respect to the City's control over the use and transfer of Pier Permits: 4. The-recommendations.of the Joint Harbor Committee thal permission be denied for the construction of a pier at the end of the alley. at the south end of Little Island, as re- quested by Mr. cO, K.' -Earl and Mrs. Clarence Bpi Gregg; were presented. In accordance with the recommenda- tions, the request was denied. COMMUNICATIONS - REFERRALS: 1. The fqllowing communications were ordered filed: Letter from Stroller White regarding parking of bicycles on Balboa Island streets. Letter from O. K. Earl and Mrs. Clarence B. Gregg re- garding a proposed pier at the end.of the alley at.the south end of Little Island which runs east and west.from East Bay to the Grand Canal. (See Item 4 above. ) 2.. A petition was presented from twenty -one property owners on Jade or along South Bay Front near Jade Ave - nue, Balboa Island, reporting .that the - bathing, beach. in Cit-k Cl Mayor Page 72 COUNCILMEN Motion Ayes Absent Motion Ayes Absent Motion Ayes Absent X X z� v X X xl Motion x Ayes x x x x x Absent x Motion x Ayes X1 X xxx Absent x CITY OF NEWPORT BEACH COUNCILMEN Volume 17 - Page 73 9 Index Se tember 10 I 63 x x "virtually the area has been washed away," requesting that the beach area be restored to a usable condition. CA-49 The City, Manager was instructed to write Mr.LEarl, Jr. Motion and state that there has bean some progress made and that Ayes x x x x the petition is being studied by the Engineering Depart- Absent x ment. 3. A letter was presented from Miss Suzanne Robinson, Robinso 1.107 Balboa Avenue, Balboa Island, protesting "The ltr serious problems that have continued throughout the summer on Balboa Island:" Mr. Swaggert spoke from the audience regarding a. lack of proper police protection CA-74 in Balboa during the past summer.' Subject letter was Motion ordered filed, and the City Manager was.requested to Ayes x x x x reply. Absent x Ltr. 4.. A letter was ordered filed from Mr, and Mrs. J. Frank Motion re Uppe Robinson, regarding the loss to the public of Upper Bay Ayes x x x x 0 Bay .beach area, Councilman Stoddard having - talked -with Mrs. Absent x CA -70 Robinson. CA -49 5. A communication was ordered filed in the matter of the Motion a Application of the Pacific Telephone and Telegraph Com- Ayes x x x x Applic pany, for Specific Rate Increase Authority, supplementing Absent x of Pac applicant's showing in Case No. 7409, before the Public Telep Utilities Commission of the State of California, for CA-36 authority to increase certain intrastate rates and charge applicable to telephone service furnished within the State of California. 6. A letter from Leon Ware, Chairman of the Board of Board Library, Trustees, submitting his resignation from said of Lib Board, was presented. Mr. Ware's. resignation was ac- Motion x Trustee CA cepted with regret, and it was directed that a Certificate Ayes x x x x CA --1313 5 of Appreciation be forwarded to him for his excellent Absent x services on the Board. 7. The request of Hancock Banning III, Beeco, Ltd., for the annexation to the City of Newport Beach of Annexation Annex No. 54 and Annexation No. 55, submitting maps and legal 54 &55 CA-108 descriptions., was presented. The matter was referred Motion to the Planning Commission for consideration. Ayes x x x x Absent x 8. A letter from The Irvine Company offering, for dedication Cameo to the City of Newport Beach Lots B, and C of Tract No. Shores 3357, which form the entrance to Cameo Shores, was Motion x CA 49 referred to the City Manager for a report. Ayes x x x r Absent x 9. An excerpt from the Minutes of a meeting of the Orange O.C. Br County. Board of Supervisors held August 20 indicating of Sup that a proposed lease of the County`Dock property was CA 173 referred to the Chief Right of Way Agent to check and for report to -the Board of Supervisors, was ordered filed. Motion �� j�� Ayes Absent x x x X31 • Mayor A TESTc a�- C ty 9lerk Page 73 x x CITY OF NEWPORT BEACH Volume 17 - Page 74 Index Sentemhar l f)_ 1Q#;1 COUNCILMEN 3 � a OAZ mZ pC C m 9 Z Y O B A rr N Aa � A • 'Damages 0. The Claim for of Ramsey G. MacDonald, for CA -84 damages to his car incurred on August 10, 1963 when he struck.largepieces of concrete lying in the 'street at Balboa Boulevard at G Street, was denied, and the City Motion x Clerk's -referral of the matter to the insurance carriers Ayes x x x x x was confirmed. Absent x Luth 1. The appeal of Matthew Luth from the decision of the Appeal Appeal 'Planning Commission conditionally,granting. the applica- tion for Use Permit No. 974 of Bay Ready Mix, Inc., CA -15 was 'presented and set for public'hearing on' September '2 , Motion x 1963. Ayes x x x x x 7 Absent x BUDGET AMENDMENTS: CA -102 The following Budget Amendments were approved: Motion x Ayes x x x x x a • 1. No. C-13,, in the amount of $'165 (decrease in Unappro- Absent x priated Surplus), being an increase in Budget Appropria- tions for the installation of a shuffleboard court in Las Arenas Park. Central Newport-Beach Community Asso- ciation contributed $.290 (taken .in 1962 -63 revenue). 2. No. C -14, being a transfer of 1963 -64 Estimated Unappr' - priated Surplus and Cash from Traffic Safety ($;135, 000) to General Fund. 3. No.. C -16, being a transfer of 1963 -64 Estimated, Unappr - priated Surplus and Cash from Submerged Land Oil Fund ($,60, 700), to General Fund. 4. No. C -17, being a transfer of 1963-64 Estimated Unappro- priated, Surplus and Cash from Weed Abatement Fund '($.10, 000) to General Fund. 5. No. C -18, being a transfer of 1963 -64 Estimated Unappro- priated Surplus and Cash from Marinapark Fund ($40,16() to 'General Fund. ADDITIONAL BUSINESS: 1. The Financial Statement of the City of Newport Beach for Fin Sta the' fiscal year ending .June 30, 1963, submitted by, the CA-112 City Manager and Finance'Director, and the report of Ira N. Frisbee and Company dated August.27, 1963, re- garding the Financial Statements of the City of Newport Beach as of June 30, 1963, were ordered received and Motion filed. Ayes x x x x x h Absent x 2. The City. Attorney was instructed to join Costa Mesa in El Toro supporting the County zoning action as to the property, off Motion x runway CA 64 the end of the ,runway at El Toro to the ,extent it is y + pos- Ayes x x x x sible for the City,to take part. Nbstained from voting Absent x x Mayor ATTEST:. {n� n ity Clerk Page .74 4 T C. C li R C. F' J, r C, 4 Ci 1 CA J. S1 Ei C1 Ps Ar C7 Mt 6. SL C? 561.1 CITY OF NEWPORT BEACH COUNCILMEN Volume 17 - Page 75 1 my o `00 9 Z7 Index September 10, 1963 �� N 'Lib 3. Bunster Creely was appointed a member of the Board of Motion rust:ee Library Trustees to fulfill the unexpired term of Mr. Ayes x x k -65 Leon Ware. Absent x k-135 4. The City Attorney was directed to prepare some tentative Motion language for a section to be added to the Harbor'Regula- Ayes x x 3 arbor tions Article of the City of Newport Beach Municipal Cod Absent x "g %-70 to make it, illegal to discharge heads into the Bay, and the City Attorney was directed to' discuss the language with the County Harbor Manager to see if he has any,ob- jection to it. -ank 5. The resignation of Frank Johnson, Finance Director, )hnson effective .October 11, . 1963, was presented by the City ;sign � -112 Manager. The Council expressed regret. COMMUNICATIONS - ADVISORY: ' The . following communications were ordered filed: Motion >mmend 1° Letter from W. A. Coleman commending, the Mayor, Ayes Absent x x x ° s- "B3 ° Council and administrative officials in holding down the City, tax rate, stating that the "'citizenry, should be grate - ful for your effort and dedication." 2. Copy of a letter addressed to Police Chief Glavas report Lil ing on the new Jail Standards Evaluation form of an in- :and spection made on July. 26, "Overall sanitation and main - sa39at tenance noted as very satisfactory." 3. (a) Excerpt from the Minutes of the Orange County Boun- •pp dary Commission meeting, held August. 26 indicating ,nex proposed annexation of territory, to the City of Santa Ana (Irvine Subdivision Annexation No. 1), located east of Main Street, north of Newport Freeway. ' (b) Excerpt from the Minutes of the Orange County Boun- dary Commission meeting held August 26 indicating ,-108 proposed annexation of territory,to the City of Santa Ana (South Santa Ana Annexation No. 6), located north of Sunflower, east and west of Bristol. g° C. Br 4. Copies of Agendas of meetings of the Orange County Board of Supervisors held August 27 and 28 and Septem- p53 ber 3 and 4, 5. Copies of Applications for Alcoholic Beverage License: -156 (a) New on -sale beer,, Suds and Sounds, 2.000 West Balbo Boulevard, Newport Beach, Dennis A. and Janet M. Murphy. 1171Z_ Mayor I ATTEST- n qty erk Page . 75 x xl CITY OF NEWPORT BEACH Volume 17.- Page 76 Index September 10 .1963 COUNCILMEN �pZ ZN= • (b) Person to person:transfer and premises to premises, on -sale general, The 'Sub, 6450 -60 West Coast High - way, Newport Beach, from James L. Oliver to BO-O , Inc., Thomas G. Bosque, President. (c) New on -sale beer (for a fishing party boat), Arthur E 'Gronsky, F.P.B., "Newporter," 400 Main Street, Balboa. Study It was agreed that the regularly scheduled Study Session Session would be held September 16, 1963. CA -89 The meeting was adjourned at 1.1:04 P. M. Motion x Aye's 'x x x x • Absent x • Mayor • ATTEST. ity Clerk Page 76