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HomeMy WebLinkAbout02/26/1968 - Regular MeetingCITY OF NEWPORT BEACH Volume 21 - Page 210 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: February 26, 1968 Time of Meeting: 7:30 P.M. L..Jev Dl�no ..i Trto ofir. n• (:....n ril f:h �rv.hcra COUNCILMEN a !r Roll Call: Present - x x x x x N Absent x The reading of the Minutes of the Regular Meeting of Motion x February 13, 1968 was waived and said Minutes were Ayes x x x x x x approved as written and ordered filed. Absent x HEARINGS: 1. Mayor Gruber opened the public hearing regarding the 82 Freeman, Ge . appeal of George R. Wiseman on behalf of George S. Appeal Freeman from the decision of the Planning Com- Var. 926 mission denying Variance No. 926 requesting approval to construct 4 dwelling units on 4625 square feet of land in an R -3 District at 331 and 331 -1/2 Dahlia Street, Corona del Mar, portion of Lots 11 and 13, Block 231, Corona del Mar Tract, Zone R -3. The findings of the Planning Commission dated February 26, 1968 were presented. The Deputy Clerk stated that a letter had been i received that day from Robert G. Horn stating that if more units were permitted than the present zoning allows a considerable traffic problem would be created. Planning Director Ernest Mayer, Jr. reported on the findings of the Planning Commission. George R. Wiseman and George S. Freeman spoke from the audience. Harvey Pease spoke from the audience in opposition to the variance. The hearing was closed. Motion I Ayes Absent xx x xxx The findings of the Planning Commission were sus- Motion tained and Variance No. 926 was denied. Ayes x x x x x Absent x 9P A Minute Resolution of Appreciation to Mr. Aurele Vermeulen, Vermeulen for a gift of $1, 000 to the Library in memory Motion Aurele of his wife Helen was read in full by Councilman Shelton Ayes x x x x x Gift to and adopted. Absent x Library Mayor Gruber presented the Resolution of Appreciation to Mr. Vermeulen. Page 210 . Index 4 Ameri Post Lease I Elect Munic I Chart . E Tidel SubmE Lands . L, Str. & sic Harb. land; . CITY OF NEWPORT BEACH Volume 21 - Page 211 February 26. 1968 COUNCILMEN s p Y N, T Z f P CONTINUED BUSINESS: 8 1. Mayor Gruber stated that because of the absence of can Le 291 ion Mrs. Marshall, the matter of the American Legion Post No. 291 lease would be taken up later in the meeting. 2 2. Arguments were presented in favor of and against ion proposed Charter Amendments to be submitted to the ipal qualified electors of the City at the regular General 968 Municipal Election to be held April 9, 1968. er Ame d Arguments in favor of Charter Amendments One, Two, Motion x Three and Four were approved. Ayes x x x x x x Absent x ' Argument against Charter Amendment Two was ap- Motion x proved. Ayes x x x x Noes x Abstain x Absent x 3. A report from the Tidelands Revenue Committee dated 7 February 13, 1968 regarding tidelands and submerged ands & rged lands use recommendations was presented with a copy of a report from the Marine Division of the New- use port Harbor Chamber of Commerce. Councilman Rogers made a motion to diary the matter Motion x for 60 days to April 22, 1968. Jack Barnett, Executive Manager of the Newport Harbor Chamber of Commerce, spoke from the audience in favor of the extension. I A vote was taken on Councilman Rogers' motion, Ayes x x x x x x which motion carried. Absent x 4 3. A memorandum was presented from the Public Works lights Director dated February 26, 1968 regarding street ewalks lights and sidewalks in Harbor Highlands. High - The staff was instructed to inform the residents of. Motion x Harbor Highlands of the estimated cost of street lights Ayes x x x x x x and sidewalks and to request the petitioners to secure Absent x the signatures of a majority of the benefited property owners on separate petitions, one for street lights and one for sidewalks, in order to ascertain if the majority of the property owners are in favor of an ( Page 211 ,.,Index 84 Stop Sig Blue Wat Crown Ih KI 37 "N" St bulkheac 8 groin C -1148 R -6706 Trautwe: F- 1 LJ 38 Prkg Lo restroa Washing Bay (C- R-6707 Vandery R -6708 17F Beach E • CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 212 February 26, 1968 assessment district; and the Council agreed that if the majority of residents favor street lights, the City will consider contributing to the district the differential costs between residential type lighting and arterial type lighting on Irvine Avenue. RESOLUTIONS FOR ADOPTION: 1. A memorandum was presented from the Public Works ns Department dated February 26, 1968 recommending er that the intersection of Blue Water Drive at Crown Drive North be designated as an intersection where vehicles are required to stop at the entrance to Crown Drive North for eastbound traffic. Resolution No. 6705, designating an intersection at Motion x which vehicles are required to stop, was adopted after Roll Call; the reading, of the resolution was waived by unanimous Ayes x x x x x x consent of the Council. Absent x 2. A memorandum was presented from the Public Works Director dated February 26, - 1968.regarding the receipt of four bids in connection with the reconstruc- tion of bulkhead and groin at 'N' Street Beach, Con- tract No: 1148. Resolution No. 6706, awarding contract for subject project to Trautwein Brothers in the amount of n $15, 560, was adopted after the reading of the reso- Motion x lution was waived by unanimous consent of the Council; Roll Call: and the Finance Director was authorized to encumber Ayes x x x x x x funds in the amount of $16, 500. Absent x 3. A memorandum was presented from the Public Works Director dated February 26 regarding the receipt of four bids in connection with the construction of rest -_ -� room and parking lot at Washington Street and Bay Avenue, Contract No. 1153. -on L153 Resolution No. 6707, awarding contract for subject project to Vandervort Company to construct Alternate )rt DO. "B" in the amount of $16, 781. 58, was adopted after Motion x - the reading of the resolution was waived by unanimous Roll Call: consent of the Council; and the Finance Director was Ayes x x x x x x authorized to encumber funds in the amount of Absent x $18,660. 4. Resolution No. 6708, finding and determining that the local emergency caused by beach erosion in the Motion x cosi n western part of the City has been terminated, was Roll Call: adopted after the reading of the resolution was Ayes x x x x x x waived by unanimous consent of the Council. Absent x Page 212 CITY OF NEWPORT BEACH Volume 21 - Page 213 -- _ndex February 26, 1968 5. A memorandum was presented from the City Attorney dated February 23, 1968 regarding Annexation No. 59 (Moden). 25F The Deputy City Clerk stated that a petition was Annexation received on February 13, 1968 by the City Clerk of No. 59 the City of Newport Beach for the annexation of terri- Moden tory to the City of Newport Beach known as Moden Annexation No. 59; signatures on said petition have petition been checked by the City Clerk and the County Clerk, as shown by the County Registration of Voters; and Certificates of Sufficiency dated February 23, 1968 have been filed. R -6709 Resolution No. 6709, declaring Council's intention to call a special election in certain inhabited territory • contiguous to said City proposed to be annexed thereto, for the purpose of submitting to the qualified electors residing in said territory the question whether or not said territory shall be. annexed to the City of Newport Beach, and fixing a time and place when and where any person owning real property within such territory may appear before said City Council and show cause why such territory should not be so annexed, was adopted after the reading of the resolution was waived Motion by unanimous consent of the Council; setting the Roll Cal] hearing for March 25, 1968 and setting forth June 18, Ayes 1968 as the date to call a special election. Absent CURRENT BUSINESS: 86 1. A memorandum was presented from the Public Works Driveway Director dated February 26, 1968 regarding revision apach to the Council Driveway Approach Policy. policy The revision to the Council Driveway Approach Policy Motion was approved as recommended by the Public Works Ayes Director. Absent 87 2. A memorandum was presented from the Public Works Curb Cut Director dated February 26, 1968 regarding the CdM Cormun. request of Corona del Mar Community Church Con - Church _ gregationalto construct a curb cut at 611 Heliotrope. Subject curb cut was approved as requested. Motion Ayes Absent Page 213 COUNCILMEN CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 214 s M1 'n0 Y m O A �a G� I d x F bruar 26 1968 e e y , 3. A memorandum was presented from the Public Works 88 Director dated February 26, 1968 regarding request of urb Cut William Maxwell to construct a 23 foot wide curb cut laxwell on Balboa Avenue for 227 Coral Avenue. William Maxwell spoke from the audience regarding his request for a new driveway approach in connection with remodeling his building. The curb cut was granted subject to the issuance of a Motion x building permit for the remodeling. Ayes x x x x x x Absent x 89 4. A memorandum was presented from the Public Works .urb Cut Director dated February 26, 1968 regarding the iigson request of James D. Higson to construct a 33 foot wide . curb cut on Island- Avenue at 501 W. Edgewater. The curb cut was granted subject to the condition that Motion x the applicant be required to pay for the cost of re- Ayes x x x x x x locating the fire hydrant. Absent x 5. A memorandum was presented from the Public Works I Director dated, February 26, 1968 regarding the re- 90 ?lagpole/ quest of George M. Holstein & Sons to place a flag lista del pole in the public right -of -way between the sidewalk aro and the curb at 2414 Vista del Oro. Paul Rife, representing George M. Holstein & Sons, spoke from the audience asking that the flag pole be allowed to remain in the public right -of -way. The request was granted subject to the conditions of Motion x the Public Works Director and with the additional Ayes x x x x x x • condition that when the last house is sold in The be Absent x - Bluffs, the flag pole will be donated to the City to placed in a park. 6. A memorandum from the Public Works Director 91 Vacation dated February 26; 1968 regarding request of Con - Pub. utilit7 solidated Management Systems International, Inc. for easement the City to vacate its public utility easements in the alley abandoned alley in the block bounded by Via Lido, Via via Lido, Oporto and Via Malaga, was presented with the re, via oporto quest letter dated February 8, 1968 from the Consoli- via malaga dated. Management Systems International, Inc. re- garding subject vacation in connection with Variance Application No. 911. The staff was authorized to commence vacation pro- Motion x ceedings subject to the conditions recommended by Ayes x x x x x x the Public Works Department. Absent x • Page 214 - i __1Dde 0I: HH Lei1 17 Ctrs & 24 Harbor deanne Minori Report 92 Street closin Back B Appl -F Permit • -9c Wilsor 9L Palmer I^ CITY OF NEWPORT BEACH Volume 21 - Page 215 ..i n I n COUNCILMEN r curua.ry vv, a wv � t s i 7. A memorandum from the Planning Commission dated February 26, 1968 regarding Master Plan Amend - Plai ,nt ment No. 17, being Resolution No. 705 of the Planning Commission approving and recommending an amend- HwyE ment to the Master Street and Highway Plan in order to reflect a realignment of Ford Road and MacArthur Boulevard in the Upper Harbor View Hills Area. The matter was set for public hearing on March 11, Motion 3 1968. Ayes xx x x x 3 Absent x 8. A memorandum was presented from Vice Mayor Marshall dated February 26, 1968 regarding report Dist from the Harbors, Beaches and Parks Study Com- mittee of the Orange County Division of the League of California Cities in connection with the Minority Com- mittee Report. tY The matter was diaried to March 11, 1968. Motion Ayes xx xx x: Absent i X. 9. A letter was presented from the Orange Coast Young Men's Christian Association dated February 23, 1968 requesting, permission to have a street closed in the ay back bay area for a parade on March 17, 1968. The street closing was approved as requested. Motion x Ayes xx x xx: Absent x arb APPLICATIONS - HARBOR PERMITS: S 1: A memorandum was presented from the Public Works Director dated February 26, 1968 regarding Harbor Permit Application No. A- 587 -R -1 of Adrian Wilson to- revise the existing float bayward of No. 101 Harbor Island Road. Harbor Permit Application No. A- 587 -R -1 was ap- Motion x proved. Ayes x -x x x x Absent x Z. A memorandum was presented from the Public Works Director,,dated February 26, 1968 regarding Harbor Permit Application No. A -1503 of Byron Palmer to construct a bulkhead and commercial marine bayward of 3300.Via Lido. Page 215 . i I { Index • 48 American Legion Post 291 • 95 Olympics, Summer 19 96 C ounty Disposal Facilities • CITY OF NEWPORT BEACH Volume 21 - Page 216 February 26, 1968 Vice Mayor Marshall joined the meeting and took her place on the dais. Harbor Permit Application No. A -1503 was referred to the Joint Harbor Committee. RECESS for five minutes was declared by Mayor Gruber. The Council reconvened with all members present. Mayor Gruber stated that at this time the Council would consider the first item under Continued Business which had been deferred until later in the evening. CONTINUED BUSINESS (Continued): 1. The request of the Newport Harbor American Legion Post No. 291 for extension of its lease at 215 15th Street was considered. Harry Estes and Richard Stevens spoke from the audience. A discussion was had. Councilman Forgit made a motion to renew the lease for 25 years as requested. Councilman Parsons made a substitute motion to diary the matter to April 22, 1968, which motion carried. Sam Mitchell spoke from the audience in favor of the extension. The regular order of business on the agenda was resumed. COMMUNICATIONS - REFERRALS: 1. A letter. dated February 6, 1968 from the City of Los Angeles stating that it is one of five cities competing for selection as the American entry in the competition to host the 1976 Summer Olympics and enclosing a sample resolution which Newport Beach is asked to adopt. in support of this effort, was ordered filed. Z. A letter dated February 15, 1968 from Costa Mesa Sanitary District attaching its resolution urging the Board of Supervisors to maintain the County Disposal Facilities open on a 365 -day per year basis and asking the City to adopt a similar resolution, was ordered filed. Page 216 COUNCILMEN P q O F A Z Motion Ayes x Motion I Ix Ayes x x x x Noes x x x Motion Ayes Motion Ayes X X © ©© _�n dex 162 Lafco Hrg (TAI Palisades No.2 97 Crosswalk light /via 0 98 Sherington Traf 6 Prk Claim: 99 Bret d00 Hawkins 101 Schulte 102 School attendance are a 0 CITY OF NEWPORT BEACH Volume 21 - Page 217 L'.. L........... 74 I O K a COUNCILMEN �fpA c CZ 3. A letter dated February 19, 1968 from the Local Agency Formation Commission regarding proposed Palisades No. 2 Annexation to the City of Costa Mesa Motion x was referred to staff for report back to Council. Ayes x x x x x x x 4. A petition was presented bearing thirteen signatures asking for aflashing sign or a stand sign at the cross- walk between Richard's Market and the shoe store on Via Lido. to The staff was instructed to write a letter to Mr. Greer; Motion x in answer to said petition, indicating the plans for Ayes x x x x x x x improving the marking at the crosswalk and pointing out that such signs have not been permitted in other areas. 5. A letter dated February 20, 1968 from Guy and Smith, lawyers, regarding the traffic and parking problem on Sherington Place, an alley "which parallels Dover Drive" in Newport Beach, was referred to staff with Motion x instructions to proceed with the acceptance of the Ayes x x x x x x x dedication and prepare a traffic recommendation for Council consideration as soon as possible so Council could eliminate the parking there, and staff was also instructed to write a letter to Mr. Arthur D. Guy, Jr. and explain the action taken. 6. The City Clerk's referral of the following matters to Motion x the insurance carrier was confirmed: Ayes x x x x x x x (a) Claim of Elizabeth Bret for damage to her auto - mobile allegedly caused when it was involved in an accident with a City vehicle on February 13. (b) Claim of D. S. Hawkins for personal injuries allegedly resulting from incident which occurred on December 8, 1967. (c) Claim of Dollie Schulte for personal injuries allegedly sustained when she tripped on a sidewalk in the 1500 Block, Ocean Avenue, Balboa, on December 21, 1967. 7. A letter dated February 16, 1968 from Floyd L. I Wakefield, Assemblyman, Fifty- second District, regarding a bill which he introduced in the Legislature, AB- 231, which states that no child may be bussed from his neighborhood attendance area without the written permission of his parent or guardian, and an amend- ment pertaining to establishing the neighborhood school attendance area and asking that the City adopt a reso- lution supporting this legislation was referred to staff Motion x for discussion with the School District and report Ayes x x x.x x x x back to Council. Page 217 i I Ii CI E( B A 2 IQ C S CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 218 s o ��,scn pc Index February 26 1968 c 8. A letter dated February 13, 1968 from Orange County Business, quarterly journal of commerce and industry, stating that the March issue will tell "the first and onl ange Co. Journ 1 complete story of the dramatic Irvine Industrial Com- s. plex" and suggesting a strong Newport Beach advertise Motion x ment, was ordered filed. Ayes xxxxxx 9. A letter was presented dated February 2, 1968 from the Orange County Firemen's Association regarding 20 their seventh annual California Fire Show to be held at the Orange County Fairgrounds in Costa Mesa on May 25 and asking for a proclamation of this day as Orange County Firemen's Day. The request was approved, and the letter was referred Motion x to the Mayor for action. Ayes xxxxxx •- 10. A letter dated February 21, 1968 from the Central Newport Beach Community Association regarding its 17F Board of Directors' concern over the present form and !ach Erosion contour of the ocean beach as a result of the recent Motion x sand haul was referred to staff for reply. Ayes x xj x x x x 11. A letter dated February 21, 1968 from the Central 103 Newport Beach Community Association requesting ,edging o Council action in connection with dredging the bay cannel channel between Edgewater Avenue and Bay Island was Motion . x igewater referred to staff for reply. Ayes xxxxx x iy Island 12. A letter dated February 22, 1968 from Mr. Pete Fenton, enclosing an additional petition in connection 72 with the request from property owners to pave the -ley Imp 3th -29th alley between 28th and 29th Streets, was referred to Motion x stns. staff for inclusion with original petition. Ayes xxxxxx ADDITIONAL BUSINESS: 1. Mayor Gruber adjourned the meeting to a Personnel Executive Session. The Council reconvened with all members present. 2. The following personnel actions were taken: -6710 (a) Resolution No. 6710, fixing the salary of the City 104 Manager, was adopted after the reading of the Motion Lty mgrrs resolution was waived by unanimous consent of Roll Call: ilary the Council. Ayes x x x x x x • Page 218 . ydex _ —_ R -6711 10 City A Salary 10 Oil sa leg: -a 0 Budget hmndu Q J 0 CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 219 s .p y G1 N Fr L`,.1.,...., ..., 7f, 1 OAQ xlx (b) Resolution No. 6711, fixing the salary of the City Attorney, was adopted after the reading of the Motion tt=eyls resolution was waived by unanimous consent of Roll Call: the Council. Ayes x x x x x City Manager Harvey Hurlburt introduced his new Adminis- trative Assistant, Philip F. Bettencourt, who was wel- comed by Mayor Gruber. 3. The City Attorney was directed to draft a resolution Motion x for action at the next Council meeting which would Ayes x x x x x actuary tion oppose any proposed legislation that would threaten the oil sanctuary from the Santa Ana River to the Mexican Border which was set up under the original Shell Cunningham legislation or its amendments. BUDGET AMENDMENTS: ents 1. The following Budget Amendments were approved: Motion . after consideration of a memorandum from the City Ayes x x x x x F Manager dated February 23, 1968 relative to annual budget adjustments: C -52, $1, 000 being an increase in Budget Appropri- ations and an increase in Revenue Estimates, Donations and Contributions, for donation from Aurele Vermeulen to Library for the purchase of books and bookcase and plaque. C -53, $7, 936. 35, being an increase in Fund Balance - General Fund, as a result of actual expenditures in prior years being less than amount encumbered. C -54, $860. 65, being a net increase in Fund Balance, a net decrease in Budget Appropriations of $2, 010. 65, and a decrease in Revenue Estimates of $1, 150.00 in Corona del Mar Parking Lot, Park and Recreation Fund. C -55, $86, 885. 00, being a decrease in Fund Balance, and a decrease in Revenue Estimates, from Municipal Court Fines, Traffic Safety Fund. C -56, $7, 365. 00, being an increase in Fund Balance and an increase in Revenue Estimates from Parking Meter Receipts (Off- Street), Parking Meter Fund. C -57, $1,995.00 being a decrease in Fund Balance and a decrease in Revenue Estimates, from Surfboard Licenses, Tide & Submerged Lands Fund. Page 219 i xlx CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 220 February 26, 1968 Motion Ayes C -58, $10,000.00, being, an increase in Fund Balance and an increase in Revenue Estimates from Construc- tion Tax, Building Excise Tax Fund. C -59, $11, 011. 00, being a net increase in Fund Balance, an increase in Budget Appropriations of $31, 454. 00, and an increase in Revenue Estimates of $42,465. 00 from Connection Charges and Sale of Water, Water Fund. C -60, $510. 00 being an increase in Fund Balance, and a decrease in Budget Appropriations of $510. 00, Marinapark Fund. C -61, $86, 934. 97, being a net increase in Fund Balance, a net decrease in Budget Appropriations of • $76, 552: 97, and an 'increase in Revenue Estimates of $10,382.00 in Business Licenses, General Fund. C -62, $5, 153. 32, being a decrease in Fund Balance and an increase in Budget Appropriations, Unappropri• ated Contingency Reserve, General Fund. C43, $5, 000. 90, being a transfer from Unappropri- ated. Contingency Reserve for reconstruction of bulk- head and groin at "N" Street beach, General Fund. C -64, $2,262.95, being a decrease in Unappropriated Surplus - State Gas Tax and an increase in Budget Appropriations to Traffic Signal - MacArthur Boule- vard at San Joaquin Hills Road. Memorandum from the Public Works Director C -1117 dated February 26, 1968 regarding Budget Amend • ment No. C -64 in connection with approved Change Orders to Contract No. 1117 for the construction of traffic signals on San Joaquin Hills Road. COMMUNICATIONS - ADVISORY: 1. The following communications were ordered filed: (a) A letter from Caro Eaton regarding the screening 20 -5 of the dory fishing area. Dory Fishing Fleet (b) Copy of a letter dated February 14, 1968 to the Orange Coast Daily Pilot from Patricia Klingen- 25F smith regarding dedication of school property in Annex No. 61 connection with the proposed Harbor View Hills Annexation. Page 220 Motion Ayes ldex 45F 20 25F Annex Nc Upper Harbor V Hills r1 u 0 CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 221 C w 2C (i Pf L^el.,..-,.,. 7L. 1 OAR (c) Legislative Bulletin dated February 15, 1968 from League of California Cities. (d) Agenda of the Board of Supervisors meetings held February 13, 14, 20 and 21, 1968. (e) Copy of a letter dated February 9, 1968 from the 6L Executive Officer of the Local Agency Formation Commission to the Commission recommending iew approval of the proposed Upper Harbor View Hills Annexation to the City of Newport Beach. The meeting was adjourned at 11:45 P. M. Motion x Ayes xxx x xxx ayor ATTEST: City Clerk' i Page 221