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HomeMy WebLinkAbout02/23/1965 - Regular MeetingIndex Pub br€ R -6104 Weed Abatemt • CA -11 0 -1121 • CA -10 :0 CITY OF NEWPORT BEACH Volume 18 - Page 172 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: February 23, 1965 Time of Meeting: 7:30 P. M. Place of Meeting: Council Chambers COUNCILMEN N"S P G ` O N O 0 Z ( O P O A F A Roll Call: Present x x x x x x x The reading of the Minutes of the Regular Meeting of February 8, 1965, the Regular Adjourned Meeting of February 15, 1965 at 9:30 A. M., and the Regular Adjourned Meeting of February 15 -16, 1965 at 7:30 P. M. , was waived, and said Minutes were approved as written Motion x and oredered filed. Ayes x x x x x x x HEARINGS: 1. Mayor Gruber opened the public hearing in accordance with Resolution No. 6104, which determined and de- clared that certain weeds are growing upon certain streets, sidewalks, parkways, and private property in the City of Newport Beach and that the weeds are a public nuisance; and directed the Street Superintendent to post notices to destroy said weeds as required by law; and fixed the time of hearing for objections and protests. No one desired to speak from the audience. The Motion x hearing was closed. Ayes x x x x x x x The Superintendent of Streets was ordered to abate the nuisance or cause it to be abated by having the Motion x weeds removed. Ayes x xxx x x x ORDINANCES FOR INTRODUCTION: 1. Ordinance No. 1121, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAPS NOS. 40 AND 41, rezoning three parcels of property in Block 52 of Irvine's Subdivision and Tract No. 5463 from C -O -H and R- 4- B -2 -UL Districts to R- 4- B -2 -.UL and C -N -H Districts, respectively; Planning Commission Amend- ment No. 201, was introduced and set for public hearing on March 8, 1965 subject to the conditions attached and stipulated by the Planning Commission Motion x and Director of Public Works. Roll Call: Ayes xxxxxxx yor ATTEST: City Clerk Page 172 I CITY OF NEWPORT BEACH COUNCILMEN Volume 18 - Page 173 9 0 Index February 23, 1965 o v m m o o r [610 CA, P11 C ®c CA. Fn Ell Fai Bbu 2. Ordinance No. 1122, being, L122 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ESTABLISHING A SETBACK LINE AND AMENDING DISTRICT MAPS NOS. 22 AND 25, establishing 10 foot front yard setbacks for Lots 1 through 20, Tract 5783; Planning Commission Amend- ment No. 199; was presented with the findings of the Planning Commission. Carol Kruse, Planning Aide, spoke from the audience. Ordinance No. 1122 was introduced and set for public Motion x hearing on March 8, 1965. Roll Call: Ayes x xx xxxx -10 The Acting City Manager was requested to report on street access and the requirements for rear yard setbacks. ORDINANCES FOR ADOPTION: L120 1. Ordinance No. 1120, being, amlain le AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING NEWPORT BEACH ORDINANC NO. 808 AND CHAPTER 2 OF ARTICLE VIII OF THE NEWPORT BEACH MUNICIPAL CODE AND ADDING A NEW CHAPTER 2 TO ARTICLE VIII OF SAID CODE RELATING TO.THE UNIFORM PLUMBING CODE, was adopted. Motion x °57 The study committee on this matter was commended. Roll Call: Ayes X X X X X X X CONTINUED BUSINESS: =away 1. FREEWAY: L1, (1) A letter dated February 10, 1965, was presented .rer from Hill, Farrer & Burrill regarding proposed -rill fee arrangement for representation of the City of Newport Beach in opposition to Coastal Freeway Route. The offer of the firm of Hill, Farrer & Burrill was accepted, subject to a written agreement Motion x being drawn up satisfactory to the City Attorney. Ayes X X X X X X X ayor rA ATTEST: � Ap� City Clerk Page 173 Index Fund" Frog. Ashley letter • CA -69 Curb c ]Balboa island CA -30 • Final leap TR 5798 • CITY OF NEWPORT BEACH Volume 18 - 174 February 23, 1965 (2) A memorandum dated February 23, 1965, from the Acting City Manager regarding Freeway Litigation Accounting, was presented. The City Attorney stated that in all probability donations to a Freeway Fund would be tax de- ductible. Carl Arthofer of Carl Arthofer Realty presented to Councilman Forgit a letter enclosing a check for $100. 00 as a donation to the Freeway Fund. The Clerk was requested to read the note. It was directed that the name of the fund be en- titled the "Freeway Fund ". (3) A copy of a letter addressed to Planning Director Jerry Drawdy from Thomas J. Ashley, a member of the Planning Advisory Committee of the State of California, calling attention to the fact that the State Office of Planning has been authorized to conciliate any public works dispute between the State and local jurisdiction whenever the entities involved request the Planning Advisory Committee to arbitrate the dispute and recommend a solution, was presented. It was suggested that the Mayor contact Professor Ashley of California State College at Fullerton. The letter was ordered filed. 2. A memorandum dated February 23, 1965, from the Public Works Director regarding the closing of curb cuts on Balboa Island was diaried to March 8, and the staff was directed to contact Mr. Ed Soule and explain the change in the recommendations versus those which the Balboa Island Improvement Association had recom- mended. CURRENT BUSINESS: 1. The Final Map for Tract 5798, located in the Eastbluff area, portion of Blocks 52 and 56, Irvine's Subdivision was presented with recommendations of the Planning Commission and the Public Works Department. nATTEST: Ci Cl *k Page 174 Motion Ayes Motion Ayes Motion Ayes COUNCILMEN a` ;m A x x x x x aFasasa Index ?2 iot'r 4 M W CA= F, Sas CA_ Gri hag Krc s tCva CA= CA_ wag Mai Fai Bay i L CA= C OU S®tn Sys CA_ CITY OF NEWPORT 'BEACH Volume 18 - 175 COUNCILMEN i 'a� roc a 0 oc n S O Q A c O A 0 X 2 p A The Final Map for Tract 5798, as conditioned by Planning Commission and Public Works Department, Motion x was approved. Ayes x x x x x x x 109 Resolution No. 6109, authorizing the execution of an Agreement with The Bluffs (George M. Holstein, III), subdivider, for the construction of improvements in Motion x Tract 5798, was adopted. Roll Call: Ayes xx x xx xx ggp Resolution No. 6110, approving a Notice of Addition of Territory for Tract 5798 under the declaration of covenants, conditions and restrictions applicable to Tract Nos. 5463, 5480 and others and authorizing the Mayor and City Clerk to execute the same on behalf of Motion x 23 the City, was adopted. Roll Call: Ayes xxxxxxx ant: '®f 2. Acceptance of a Grant of Easement from James D. em$ Sessions and Doris M. Sessions for sanitary sewer siom purposes; Lots 13 and 15, Block 431, Corona del Mar, and the execution of a Quitclaim Deed by the City in this matter, were held over until the documents have Motion x 32 been received. Ayes x x x x x x x ¢fens 3. A statement from Griffenhagen- Kroeger, Inc. , dated en- January 29, 1965, for services rendered and re- eger imbursement of expenses incurred in connection with is the selection of a City Manager, in the amount of $1220.90; and a second statement dated February 16, 45 1965, for additional services rendered in this matter, Motion x 87 in the amount of $976.16, were approved. Ayes x x x x x x x er 4. A memorandum dated February 23, 1965, from Public n Works Director regarding Water Main Failure on Bay - lure side Drive, was presented. side The statement of the Public Works Director was approved, and the City Manager Pro Tern was asked to write a letter thanking the management of Sanitation District No. 5 for stand -by equipment and offers of Motion 12 aid. Ayes x x x x x x x ancilL 5. A memorandum dated February 23, 1965, from the [nd Acting City Manager regarding the Council Chamber tem Sound System, was presented. 91 A trial of the suggested system was approved. Motion x Ayes x x x x x Mayor ATTEST: I — City Jerk Page 175 f Index �1 LJ State Gas 'fax Actng. CA-71 CdH Youth Center Agrmt. CA -49 Ltr frm Louis Lesser Enter- prises CA -7C S t•1 Bldg Corp Yd C -941 R =6111 Dudley Steel CA -79 • CITY OF NEWPORT BEACH Volume 18 - 176 February 23, 1965 The Acting City Manager was instructed to find a recognized authority on hall acoustics and to obtain a proposal to act as the City's consultant, and to bring back his name and the proposal. 6. A memorandum dated February 23, 1965, from the Acting City Manager regarding State Gas Tax Accounting, was presented. The recommendations of the Acting City Manager, were approved. 7. A memorandum dated February 23, 1965, from the Acting City Manager regarding the Corona del Mar Youth Center Agreement, was presented. Mayor Gruber appointed Councilmen Stoddard, Cook and Parsons to meet with the City Attorney and those in authority at the Corona del Mar Youth Center to make recommendations in this matter. The appointments were confirmed. 8. A letter was presented from Louis Lesser Enterprises; Inc., dated February 18, 1965, requesting the con- currence of the City of Newport Beach in a proposed ocean outlet for Navigational Rights for public use of the Greenville- Banning Flood Control Channel and approval of the concept of marine development of the land contiguous to said Greenville - Banning Flood Control Channel. Mr. Unger spoke from the audience and said he had nothing to add. Subject letter was ordered filed. 9. A memorandum dated February 23, 1965, from the Public Works Director regarding construction of the Steel Building Addition at the City Corporation Yard, Contract No. 941 (Revised) in connection with the receipt of two bids by the City Clerk on February 17, 1965, was presented. Resolution No. 6111, awarding contract to Dudley Steel Corporation for $3, 525, and authorizing the Mayor and City Clerk to execute the contract, was adopted. ATTEST: (� City Clerk Page 176. COUNCILMEN Motion Ayes Motion Ayes Motion Ayes Motion Ayes Motion Roll Call: Ayes x x x x x xl x x Index Fahr „n r.. 21_ 19A5 W Lt-r of Credit Tr 5425 CA -23 Open End Concrete Const. Cont. C -940 E -6112 Sully Miller 0 CA- _30 Water tank truck replace - ment CA -75 Glass dr Mariners Library CA-65 Police •Dept S tretgth CA-45 CA-39 Beach Erosion Cont Pro • CITY OF NEWPORT BEACH COUNCILMEN Volume 18 - 177 i x KI x ix X x xl 10. A memorandum dated February 23, 1965, from the Public Works Director regarding letter of credit in connection with Tract 5425, located in the Eastbluff area, South of Mar Vista, West of Jamboree Road; developer The Irvine Company, was presented. In lieu of a bond, the proposed letter of credit was Motion approved subject to the approval of the City Attorney. Ayes x x x 11. A memorandum dated February 23, 1965, from the Public Works Director regarding open end contract for concrete construction, 1964 -65, Contract No. 940, in connection with the receipt of two bids .by the City Clerk on February 17, 1965, was presented. Resolution No. 6112, awarding contract to Sully Miller Contracting Co., Inc., and authorizing the Mayor and Motion x City Clerk to execute the contract, was adopted. Roll Call: Ayes x x X: 12. A memorandum dated February 23, 1965, from the Acting City Manager regarding water tank truck re- placement, was presented. The recommendations were accepted with proviso that the Council receive some explanation of why the cost will be so much (report to be presented at the next Motion x budget time). Ayes x x x 13. A memorandum dated February 23, 1965, from the 'Acting City Manager regarding damage to glass door at Mariners Library, was presented. The complete and concise report was .ordered filed Motion with thanks for the information. Ayes x x x 14. A memorandum dated February 23, 1965, from the Acting City Manager regarding authorized strength in the Police Department, was presented. The recommendations were approved on condition that it be on a six -month control, and that any monies for salaries be returned to surplus and not carried Motion x over. Ayes x x x 15. A memorandum dated February, 23, 1965, from the Acting City Manager regarding contribution by the City for cost of Beach Erosion Control Project, was presented. ayor p1\ATTEST: City rlerk Page 177 I i x KI x ix X x xl CA No Fi' Po CA CA API 1 CA. 4 Apg Hm p�E Aec A -1 4 Index CITY, OF NEWPORT BEACH Volume 18 - 178 COUNCILMEN 1 x The City Attorney was asked to dig back into the files and find out where the last Orange County Harbor District Agreement went to and to make recommendations about Motion -49 what we should do about it. I Ayes x x x x x x of 16. A memorandum dated February 23, 1965, from the Acting City Manager regarding the number of Fireman iition Positions as listed in Schedule A, was presented. _46 The recommendations were approved, and it was Motion x -73 directed that the changes be made. Ayes x x x x x x APPLICATIONS FOR LICENSES: �)I, fo2 The following Applications for Licenses were approved: Motion x :aeries Ayes x x x x x x 1. Exempt, Annabelle L. Killian, Manager, Children's Art Workshop, 611 Fernleaf Avenue, Corona del Mar, sponsored by Newport Harbor Service League, 2647 East Coast Highway, Corona del Mar. 2. Exempt, Barbara Rosenberg, Publicity Chairman, Children's Asthma Hospital of Denver, 3614 Purdue Avenue, West Los Angeles; house to house soliciting for funds March 1 -8, 1965. 3, Robert E. Harris, Partner, Newport Arches Marina, slip rentals (55) at City- County Dock Property at 3333 Pacific Coast Highway. (Sanitary, facilities scheduled for completion by February 22. Bob Bien spoke from the audience and stated that the sanitary facilities had been completed.) -63 Robert Harris spoke from the audience. '. APPLICATIONS FOR HARBOR PERMITS: 1 for 1. Application No. A -587 -R of Adrian Wilson was present d. °bor )nits Subject Permit was approved. Motion 6> -R Ayes xx xxx x Z. Application No. A- 1330 -R -1 of Arthur E. Gronsky was presented with a memorandum from the Public 330=R =1 Works Director dated February 23, 1965. Permit No, A- 1330 -R -1 was approved subject to the I storage locker on the outer finger being reduced to five feet, and that there be no stacking of boats or Motion x skiffs beyond the property bulkhead line. Ayes x x x x x x ATTEST: ayor -' C-aty Clerk Page 178 1 x Index CA-130 Cllms for Damages Schoen Gilliam CA °g� • Cap Imp Mariners Park CA-160 CITY OF NEWPORT BEACH COUNCILMEN Volume 18 - 179 . . MeDrUUZY aj iwo 3. Application No. A- 833 -R -1 of Al Manderbach was presented with a memorandum from the Public Works Director dated February, 23, 1965. M. A> Richley, Jr. and Paul Winter, representing MSM and Associates, spoke from the audience in favor of the Permit. Attorney Fred Horowitz, representing Mr. Carl Quandt, and Attorney Milton Copeland of Kindel & Anderson, representing Robert R. and Jean W. Sprague, spoke from the audience opposing the granting of the Permit at this time. Councilman Stoddard made a motion to hold the matter Motion over for two weeks, which motion failed adoption. Ayes x x Noes X X: Permit No, A- 833 -R -1 was granted subject to the detailed plans being approved by the Public Works Motion Director. Ayes x x x x 3 Noes COMMUNICATIONS REFERRALS: 1. The following Claims for Damages were denied, and the City Clerk's referral of the matters to the in- Motion x surance carriers was confirmed: Ayes x x x x : (a) Claim of Mrs. Ella C. Schoen for alleged personal injuries sustained when she fell on the sidewalk at 3433 Via Lido, on January 4, 1965. (b) Claim of Margie Diane Gilliam for alleged personal injuries sustained on January 8, 1965, when the car in which she was a passenger collide with a skip loader owned by the City of Newport Beach, RECESS for ten minutes was declared by Mayor Gruber. The Council reconvened, with all members present. 2. A letter from the Parks, Beaches and Recreation Commission regarding Capital Improvements Priorities to be developed at Mariners Park, was presented. The matter was referred to the Acting City Manager. Motion Ayes X X ayor jATTEST: 0,� City Clerk Page 179 I kl 21 X Index 23, 1965 CITY OF NEWPORT BEACH Volume 18 - 180 irP- 3. A letter was ordered filed from the'Parks, Beaches Ci co and Recreation Commission regarding development Dock of the City- County Dock property. Councilman Marshall requested that the Acting City Manager report back to the Park, Beaches and Recreation Commission in regard to the questions CA-173 that were raised. Sen 4. A letter dated February, 3, 1965, from Attorney M. A. Schmitz Sturges., legal consultant to Senator John Schmitz, in Itr re connection with proposed legislation regarding curtail - FVy ment of actions of the State Highway Commission, was presented. CA-69 The matter was referred to the Mayor. is5. A letter dated February 17, 1965 from Theo K. Pyle, TTP,T®°hr President, Harbor Senior Citizens, and a petition Prkg 15th signed by 162 persons, objecting to the two hour parkin; & Irvine limitations recently placed into effect in the vicinity of 15th Street and Irvine Street, was presented. Kenneth Perry of the Public Works Department, Sam Downing, Merle Reid and Theo Pyle spoke from the audience. It was directed that the subject two -hour parking signs be removed and that, through communication with the President of the School Board, the school be informed of the efforts made by the City to restrict parking and to handle the problem in that area, and be requested to insist that the students cars be parked on the parking lot. R -6113 A, Resolution No. 6113, rescinding Resolution No. 6094, limiting the parking of vehicles on certain streets, was CA° adopted. Abandon- 6. A letter dated February 15, 1965, from Franklin and meng por Franklin, attorneys for Mr. Edker Pope, regarding alley nr application for abandonment of a portion of an alley Zhell St near Shell Street, Corona del Mar, and for granting of CdH an additional easement to the City, for street purposes, was presented. CA -14 The matter was referred to the Acting City Manager. NUy or ATTEST: qty qlerk Page 180 COUNOLMEN Motion Ayes Motion Ayes Motion Ayes Motion Roll Call: Aye s Motion Aye s X X X XXXXX X xx XXXXX X X Index T'iSJUIC VI—EL Lick CA -l9 Water Quality Act CA -l2 Budget • • • February 23. 1965 7. A letter from Park, sugge on Via Lido, 8. A letter was General Man Orange Coun 1965, stating 1, 2, 3, 5, 6 5 of subject 1 manner whic regulatory ri governments BUDGET AMENL The following Bu( C -41 in the a Surplus), bei for purchase priated Surp] priation - Pa N. O. C. C -42, in the priated Surp' tions for the for Jamboree from Genera Jamboree Rc Capital Outla C -43, transf Gas Tax Fun General and C -44, in the priated Surp: tions to retu: return to Ca] for the insta: at the inters from Unappr Land lmprov Capital Unap balance in St ATTEST: b k ity ler. CITY OF NEWPORT BEACH Volume 18 - 181 COUNCILMEN m Harriet M. Speegle, 39 Fremont, Lido sting reminder signs for control of traffic Motion x was ordered filed. Ayes x Xxxxx ordered filed from Lee M. Nelson, iger, County Sanitation Districts of ;y, regarding S. 4 - Water Quality. Act of that the Boards of Directors of Districts 7 and 11 are urging support that Section gill or related bills be amended "in a i will maintain their historical areas of ;sponsibility between the Federal and State Motion x '. Ayes x X xxxx MENTS: [get Amendments were approved: Motion x Ayes x xxxx nount of $200 (Decrease in Unappropriated ng an increase in Budget Appropriations of 4, 000 bumper stickers; from Unappro- us - Park & Recreation to Budget Appro- rk & Recreation Administration Expense amount of $284, 000 (Increase in Unappro- us), being a decrease in Budget Appropria return to surplus of funds appropriated Road Realignment (Contract No. 847); L Services - Streets, Land Improvement, ad Improvement to Unappropriated Surplus - Y er of Surplus, for return of funds to State 3 Surplus; from Unappropriated Surplus Capital Outlay to State Gas Tax Surplus. amount of $22, 500 (Increase in Unappro- us), being a decrease in Budget Appropria !n funds to State Gas Tax Fund Surplus and )ital Outlay Fund surplus funds appropriated lation of traffic signals and safety lighting action of Jamboree and Palisades Road; opriated Surplus State Gas Tax, Electrical ements, Traffic Signals $22, 500, to propriated Surplus Capital Outlay $15, 000, ate Gas Tax. (� ayor z Page 181 K K K K K K Index February, 23, 1965 0 CA -102 _ -_C G w T p S u C p] ti fc tc ti J� S1 S1 Si C p ti J� C 21 8, $1 C p ti G f( c xr r p p S, The f time: C p ti P S S P ATTE CITY OF NEWPORT BEACH COUNCILMEN Volume 18 - 182 b Y a A ENO i p � 0 °o -45, being a transfer of Surplus to establish Special as Tax Street Improvement Fund for Streets and High - ay Code under Section 186 as a result of Collier -Unru ransportation Act; transferring funds from Unappro- F: ¢c S� lac U; Q fit C1 C. [a Ey C. U A C. CITY OF NEWPORT BEACH COUNCILMEN Volume 18 - 183 Index February 23, 1965 x ADDITIONAL BUSINESS: Lling The Planning Department was instructed to waive the .e Co, filing fee for County. Sanitation District No. 5 in an. Div obtaining a Use Permit in connection with the new pump Motion y. 5 Te station across from Reubens. Ayes x x x x Be ?arm k °1.5 COMMUNICATIONS - 'ADVISORY: 1. The following communications were ordered filed: Motion x Ayes x x x x mnsxati ns (a) Letters from County of Orange Local Agency ®sga San Formation Commission, giving notice of hearing esa ist on February 24, 1965, at 2:30 P. M., regarding the following: (1) Proposed Annexation to Costa Mesa Sanitary District - Engineer's No. 88, located at Gisler and Harbor. • (2) Proposed Annexation to Costa Mesa Sanitary District - Annexation No. 90, located at BeaT. and Paularino. (3) Proposed Annexation to Costa Mesa Sanitary District - Annexation No. 91, located at Victoria and Hamilton. A °53 (b) Copies of Agendas of the Board of Supervisors regular meetings for February 2, 3, 9 and 10. (c) Annual Report of Financial Transactions concerning Streets and Roads of Cities and Counties of California for fiscal year 1963 -64. (Booklet) 2. A copy, of a letter to the Planning Commission from Attorney Milton Copeland of Kindel & Anderson, repre- senting Robert R. and Jean W. Sprague, in connection with interpretation of the Municipal Code by, the Building 9,°1169 Department in contemplation of issuing a building permit for the proposed condominium at 205 Carnation Avenue, Motion Corona del Mar, was ordered filed. Ayes x x x II .F. 7110 3. Letters appealing an /or protesting the decision of.the ppea71 Planning Commission granting Temporary Use Permit No. 1101 for live entertainment and dancing at 511 East Balboa Boulevard, from the following: Robert L. Wilson, P. O. Box 811, Balboa; J. M. Gahring, 505 East Balboa Blvd., Balboa; Joseph F. Skiba, 303 Palm Street, Balboa; Mrs. Ebba Shipley Ridge, 204 Adams Street, Balboa, were ordered placed in the file for the public Motion x hearing. (The hearing had been set for March 8 by the Ayes X x x IN °b5 City Clerk.) • Ma or � (ATTEST: ity Jerk Page 183 x Index C Cle, s = in Lila re Lida Ian( CA Ball Bay Clul C-5': CA CITY OF NEWPORT BEACH COUNCILMEN Volume 18 - 184 N AA m�c,00 •ADDITIONAL ITEMS: Councilman Cook stated that the Daily Pilot had quoted MY Chip Cleary as stating, "I don't think the City is making the best use of its tidelands. The State may decide the City is not utilizing the tidelands to the beat advantage, and may sL decide to take them back. " Councilman Cook stated that :e if Mr. Cleary knows we are doing something wrong, he Is should come to the Council and make a constructive FO suggestion. ®� A letter dated February 22, 1965, from Richard S. Stevens, Vice President of the Balboa Bay Club, regarding redevelop- L9 ment of the Balboa Bay Club, was referred to the City Motion x F9 Attorney for report. Ayes x X X x x zc x The meeting was adjourned at 10:15 P.M. Motion x Ayes x N X xxxx ayo (tATTEST: City Qlerk Page 184