HomeMy WebLinkAbout11/26/1963 - Adjourned Regular MeetingCITY OF NEWPORT BEACH COUNCILMEN
Volume 17.- Page 1.30
Minutes of ADJOURNED REGULAR MEETING OF THE CITY COUNCI
Date of Meeting: November 2.6, 1963 m a o A o
Time of Meeting: 1 :30 P.M. P m y Z yA$ m y
P f NB ppO
Index lata .nf T/Taa *ina• Cnnn ril C.hamhars C =
•
Roll Call:
Present
x
x
x
x
Absent
Mtg
The Regular Meeting of the City Council which was called
Nov
at 7 :30 P.M. on November 25 was adjourned until 1:30
25
P. M. on November '26 in memory of the late President of
adj.
the United States, John F. Kennedy.
The Council, having been called to order at.:'1:30 P. M. on Nov-
ember 26t13, immediately recessed until 7:30 P.M., Novem
Motion
x
ber 26, 1963, for the purpose .of having an open Study Ses-
Ayes
x
x
x
x
sion.
Absent
x
The Council reconvened at 7:30 P.M. with all member's
Roll Call:
present except Councilman Marshall.
Present
x
x
x
x
Absent
x
r
•
The reading of the Minutes of the Special Meeting of Novem
ber -8, 1963, Regular 'fleeting ,of. November 12, 1963, and
Special Meeting of November 18, 1963, was waived; the
Motion
x
Minutes were approved as written and ordered filed.
Ayes
x
X
x
X
Absent
x
HEARINGS:
1. Mayor Hart opened the public auction and offered for
Sale
sale two parcels of City -owned property identified as
of
Parcel H (being a portion of Lot 10, Subdivision of Block
City-
227, Section "A ", Newport Beach, located at 2807 New-
owned
port Boulevard, Zone C-1) and Parcel I (being a portion
prop.
of Lots, 8, 9 and. 10, Subdivision of Block 227, Section
"A ", Newport Beach, located at 2625 Newport Boulevard
Zone C -1), in accordance with the procedures establish-
ed in Resolution No. 5869, declaring certain real prop -
erty,to be surplus, authorizing its sale, and setting, out
r
•
the procedure for its sale.
The Clerk stated that one sealed bid had been received.
Mayor: Hart publicly, opened the sealed bid and announced
Parc>
that the bid was from George W. Williamson, Realtor,
I
enclosing two Cashier's Checks totaling $6, 250, sub-
mitting a bid on Parcel I in the amount of $62, 500 in the
names of N. E. Moore, H. G. Anderson and H. V.
Anderson.
Mayor Hart inquired if there were any oral, bids for
either parcel. There was no response.
Parc
Mayor Hart declared Parcel I sold to the highest. bidder
I Sold
subject. to the approval of the City Council.
CA 38
L
Mayor
TTEST:
City Clerk
Page 130
Index November 26. 1963
R -5887
Annex
55
Annex
consent
0 -1070
•
CA 108
Master
Plan
CA 128
•
CITY OF NEWPORT BEACH COUNCILMEN
Volume 17 - Page 131
i
m Y O
The bid in the amount of $62, 500 for Parcel I was accept
Motion
ed providing compliance_ is made with the legal require-
Ayes
x
x
x
ments.
Absent
Resolution No. 5887, authorizing the execution of a
Motion
x
Grant Deed in connection with the sale of Parcel I to
Roll Call:
N. E. Moore, H. G. Anderson and H. V. Anderson,
Ayes
x
x
x
was adopted.
Absent
x
2. Mayor Hart opened the continued public hearing in actor
dance with Resolution No. 5865, being a'Resolution of
the City Council of the City of Newport Beach declaring
its intention to annex to the City certain property known
as "Annexation No. 55" (Banning property along Coast
Highway) and giving notice thereof; time and place for
Council to hear and pass upon all protests to subject
annexation.
The City Clerk stated that an Annexation- Consent from
the property owner, Beeco, Ltd. , had been received.
No one desired to speak from the audience. The hearing
Motion
was closed.
Ayes
x
x
x
Absent
is
Resolution No. 5888, finding and determining whether a
Motion
majority protest has been made by the property. owners
Roll Call:
at the hearing on the annexation of the territory known
Ayes
x
x
x
as "Annexation No. 55," was adopted.
Absent
x
Ordinance No. 1070, being
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH APPROVING THE ANNEXATION TO THE
CITY OF NEWPORT BEACH OF CERTAIN UNIN-
HABITED TERRITORY CONTIGUOUS TO THE
CITY OF NEWPORT BEACH AND KNOWN AS
"ANNEXATION NO. 55,"
Motion
Roll Call:
was introduced and passed to second reading.
Ayes
x
x
x
Absent
x
3. Mayor Hart opened. the public hearing. regarding Plan-
ning Commission Resolution No. 662, recommending
amendments to, the street and highway .elements of the
Master Plan.
A letter proposed by the Planning Commission to be
directed to Nick B. Williams, Editor, Los Angeles
Times, over the signature of Alvan C. Clemente, Chair
man of the Planning.Commission, to correct inference
Mayor
ATTEST:
C itA Clerk
Page 131
X
3
X
X x
x
xx:
X
X
Xi
Index
•
0 -1071
City
Flag
CA 14;3
01067
•
Sale o:
Water
CA 12
01068
Annex
54
CA 108
•
CITY OF NEWPORT BEACH
Volume 17 - Page 132
November 26, 19.63
.;that the Planning Commission had expressed approval of
the State adopted Freeway route paralleling the present
101 Coast Highway, was considered. J. W. Drawdy,
Planning Director, spoke from the audience. The hear -
ing was closed.
Resolution No. 5889, adopting a revised Master Street
and Highway Plan, was adopted subject to the condition
that the map show Coast Freeway only adopted by the
State and not approved by the City, and that. this footnote
be in the same size as the largest printing appearing .on
the map.
It was directed that the letter to Nick B. Williams, as
proposed by the Planning Commission, be authorized
and sent over the signature of Mayor Hart.
ORDINANCE FOR INTRODUCTION:
Ordinance No. 1071, being
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH ADDING SECTION 2700.2 TO THE NEW-
PORT BEACH MUNICIPAL CODE ADOPTING
AND DESCRIBING AN OFFICIAL CITY FLAG
was introduced and passed to second reading.
ORDINANCES FOR ADOPTION:
1. Ordinance No. 1067, being
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH ADDING SECTION 7241.3 TO THE NEW -
PORT BEACH MUNICIPAL CODE RELATING
TO THE SALE OF WATER FOR USE OUTSIDE
THE CITY
was adopted.
2. Ordinance.No. 1068, being
.AN ORDINANCE OF THE CITY OF NEWPORT
BEACH APPROVING THE ANNEXATION TO THE
CITY OF NEWPORT BEACH OF CERTAIN UNIN-
HABITED TERRITORY CONTIGUOUS TO THE
CITY OF NEWPORT BEACH AND KNOWN. AS
"ANNEXATION NO. 54"
was adopted.
ATTEST: Mayor
Cit Clerk Page 132
COUNCILMEN
Motion
Ayes
Absent
Motion
Roll Call:
Aye s
Absent
Motion
Roll Call:
Ayes
Absent
Motion
Roll Call:
.Ayes
Absent
Motion
Roll Call:
Ayes
Absent
x
x
PL4
x
x
Index
•
Gilstr
ltr
CA 108
0 -1069
Traff
Regs
CA 114
0
Royal
Pipe-
line
Coast
Co.
C -838
CA 12
Little
Corona.
0
CA 154
ton
Rand
index
C -882
CA 93
CITY OF NEWPORT BEACH
Volume 17 - Page 133
November 2.6, 1963
A letter from J. S. Gilstrap, Manager of the West Co;
Division of G. El Kadane & 'Sons, dated, November '2.6,
1963, addressed to the Council, and requesting that
action be delayed on the adoption of the proposed anne:
tion, was ordered filed.
3. Ordinance No. 1069, being
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING, REPEALING, AND ADDING
CERTAIN SECTIONS TO CHAPTER 2 OF ARTICLE
III OF THE NEWPORT BEACH. MUNICIPAL CODE
RELATING TO TRAFFIC REGULATIONS,
with proposed revisions as submitted by, the City Attor-
ney, was considered. The amendments were approved,
and Ordinance No. 1069 was passed to second reading a
revised.
I
CONTINUED BUSINESS:
1. At the request of the Public Works Director, the staff
was requested to bring back for consideration the recom
mendations from the City Manager and Public Works
Director in a memorandum dated November 7, 1963 for
the acceptance of the water main construction by.Royal
Pipeline Construction Company,in Balboa Boulevard,
Lafayette Avenue and West Coast Highway. (C -838) when
the corrections to the trench repair have been made.
2. A report was presented from the City Manager and Pub-
lic Works Director regarding drainage at Little Corona
Beach. The report was approved and the expenditure of
$1500 for materials was authorized subject. to the check-
ing of the easements so that this improvement will be
placed either in an easement or on publicly owned prop-
erty.
3. A memorandum was presented from the City Clerk re-
garding,the proposal of Remington Rand to prepare a
selective index of the Council Minutes from 1906 to 1958
at a cost of $5000. The City.Clerk was authorized to
sign a purchase requisition for subject work.
The City Clerk was commended for negotiating a large
reduction in the contract price.
ATTEST:
NcA.A q i6i5e4
ity Jerk
Page 133
COUNCILMEN
Motion
Aye s
Absent
Motion
Roll Call:
Ayes
:Absent
Motion
Ayes
Absent
Motion
Aye s
Absent
bm
x
CITY OF NEWPORT BEACH
Volume 17 - Page 134
Index November'26, 1963
COUNCILMEN
3
m9 0
A �r zN
4, A memorandum was presented from the City Attorney
Section
regarding proposed amendment. to Section 9105..8 of the
9105.8
Municipal Code to exempt certain non - conforming build -
CA 153
CA 100
ings from the requirement of a Use Permit. The matter
Motion
x
was referred to the Planning. Commission.
Ayes
x
x
x
x
Absent
x
CURRENT BUSINESS:
Frisbee
1. The Interim Report from Ira N Frisbee & Co., dated
Motion
Rep
CA 112
November 1.2, 1963, was acce�ted.
Ayes
x
x
x
x
C =851
Absent
x
2.. Final Map for Tract No. 5394, located at Coast Highway
and Riverside Drive:
Final
A report from the Public Works Department dated
Map
November 15, . 1963 and the recommendations from the
•
'Planning Commission, were presented. J. W. Drawdy
spoke from the audience..
Tract
The Final Map for Tract No. 5394 was approved as to f
Motion
x
5394
Sheets 1 and 2 of 3 sheets subject to the recommenda-
Ayes
x
x
x
x
tions of the Public Works Department and the Planning
Absent
x
Commission, and the City Clerk was authorized to sign
CA 23
said Map.
3. The following communications were diaried for the next
Motion
Council meeting:
Ayes
x
x
x
x
Absent
x
Two letters from Edgar F. Hirth, Chairman, Parks,
Beaches and Recreation Commission: (1) regarding
histori
application to the State Historical Society,to establish an
marker
CA 01%
historical marker at the Newport Pier commemorating
tree
the McFadden landing; (2) recommending a change in
removal
City procedure to require adjacent property owners to
remove trees at their expense rather than the removal
•
by the City when removal is requested. by the property
owners and is for their•benefit; retaining the require -
CA 158
ment of City approval.
CA 90
4. Consideration was given to a Resolution authorizing exe-
realign
cution of a contract between the City and Eastbluff -New-
Back
port, Inc., Jamboree Land Co., and The Irvine Company
Bay Dr.
in connection with the realignment of Back Bay Drive;
and to a Resolution authorizing. the acceptance of a road
CA 29
easement from The Irvine Company,for street and high-
way purposes over Eastbluff and,the•.northerly extension
of Back Bay Drive. The matter was diaried to Decem-
Motion
x
ber 9, and it was directed that the Council be supplied
Ayes
x
x
x
x :
with a general area map and copies of the agreement.
Absent
x
Mayor
ATTEST:
City Clerk
Page 134
Index
•
Van
Cleve
vs
son
employ
Dion
to
repres
City
CA 169
Traff
0t
CA 69
Pacif
Coast
liiway
CA 104
L
Assem-
bly
Bill
590
CA 65
CA 63
•
CITY OF NEWPORT BEACH COUNCILMEN
Volume 17.- Page 135
November '26, 1963
5. A memorandum was presented from the City Attorney
regarding ;the matter of Van Cleve vs. Stevenson.
The employment of Michael A. Dion for the purpose of
representing the City in collecting the City's costs from
Chesley E. Stevenson resulting. from the vehicle collisio.
on August 23,. 1963, in which Policewoman Celeste 'Van
Cleve was injured and police vehicle unit No: 4326 was
damaged, on a contingency fee basis of 1516 of the re-
covery, to the City, was authorized, and the City, Attorne'
was authorized and directed to carry out the details of
this employment.
6. A memorandum was presented from the City. Manager
and Public Works 'Dire ctor regarding the employment of
a Coastal Freeway Traffic Consultant. The preparation
of an agreement with De Leuw, Cathers and Company, to
provide traffic engineering consultant services in con-
nection with the location and interchange design of the
local Freeway, was authorized.
7. A memorandum was presented from the City. Manager an
Public Works Director regarding channelization of
Pacific Coast Highway, between MacArthur Boulevard anc
Seaward Road. A discussion was had. It was the �con-
census that the Public Works Director should set up a
meeting with the people interested, the Chamber of Com
merce representative, and the Councilmen concerned, ,
to consider the problems at the site. A motion was made
by Councilman Stoddard to take the matter under sub-
mission. A further discussion was had. Mr. William
Paul spoke from the audience requesting turning ,pockets
at all intersections. A vote was taken on the motion
which carried unanimously.
8. A letter was presented from Robert R. Hurwitz, Chair-
man, Board of Library Trustees, requesting a meeting
regarding, discussion of Assembly Bill 590 - Public
Library Development Act. Mayor Hart was authorized
to set up the meeting at his discretion..
APPLICATIONS FOR LICENSE:
The following. Applications for License were approved with
the'.conditidn'that the Application of George William Frank
be subject to the technical approval of the Public Works
Director:
1. Exempt, Frances E. Smith, 801 Balboa Avenue, Balboa
Island, soliciting ;house to house, representative for
Field Enterprises, World Book Childcraft Educational
ATTEST: Mayor
C'ty Clerk
Page. 135
Motion
Ayes
Absent
x
Motion x
Ayes x x x x
Absent x
Motion
Ayes
Absent
Motion
Ayes,
Absent
Motion
Ayes
Absent
CITY OF NEWPORT BEACH
Volume 17 - Page 136
Index November 26, 19:63
COUNCILMEN
3
i
•
1
Plan, sale of educational material for Field Enterprises
Educational Corporation, . Chicago.
2. Exempt, George William Frank, 336 East 20th Street,
Costa Mesa, representing Service Committee, Corona
:del Mar Key Club, soliciting house to house curb paint -
ing in Corona del Mar; a limited non - profit curb number
painting ,project to be conducted on ,several consecutive
weekends starting, November '30, sponsored by the Cor-
ona del Mar "Kiwanis Club; numbers being painted at no
cost or obligation to the home owner and any, donations
received going to the Key Club service fund .toward the
service project for the year.
COMMUNICATIONS - REFERRALS:
Morones
1. The Claim for Damages of Joe Reyes Morones, a minor,
Clm
for
by his parents, Matias Dias Morones and Jessie Flores
Morones, for alleged injuries sustained on August 17,
Damages
1963 at or about. the Newport Pier when claimant dove
CA 84
into the :ocean from a cross member of said pier; claim-
ing damages in the aggregate amount of $803, 000, was
presented. The Claim was denied and the City Clerk's
Motion
referral of the matter to the insurance carrier's, was
Ayes
x
x
x
confirmed.
Absent
x
Hoffman
2. The request of Jim Hoffman, President of the Junior
req to
Optimists (Nobles) of Newport Beach for use of the park -
use pkg
ing lot in front of the City Hall for a car wash for the
lot in
purpose of raising funds to go to charity, was approved
Motion
fr C /Hal
. subject to a plan being worked out with the City Manager
Ayes
x
x
x 31
CA 21
Absent
x
McKinley
3. A letter was presented from Dwight F. McKinley re-
re soCa
garding scum on the Grand Canal. A reply, to said com-
Gran Can
munication having, been made by the City Manager, the
al
letter was ordered filed.
Motion
31
•CA 7
Ayes
x
x
x x
Absent
x
4. A letter was presented from Randall E. Presley stating
Presley
ltr
that he would "very much appreciate knowing why, the
re
BBC
City rejected .the recent offer made by the Balboa Bay
0 519
Club." It was directed that the letter be filed and that
Motion
x
CA 79
the City Manager be instructed, to answer it to the "best
Ayes
x
x
x N
of his ability.
Absent
x
BUDGET AMENDMENTS:
CA 102
The following' Budget Amendment was approved:
Motion
Ayes
x
x
x x
No. C =25, in the amount of $85, 000 (increase. in Unap-
Absent
x
propriated Surplus) for return to State Gas Tax Fund,
monies transferred to Capital Outlay Fund during "1962-
•
TVI "ayo r
ATTEST:
ity Clerk
Page 136
X
x
X
X
CITY OF NEWPORT BEACH COUNCILMEN
Volume 17 - Page 137
Index November 26. 1963
d Z m= O G O
0
x
63 for Jamboree Road Improvement; amount was encum-
bered but not expended; funds must actually, be •expended
before transfer can be made -.
ADDITIONAL BUSINESS:
Men
1. The following. Minute Resolution was adopted:
Motion
Res
Roll Call:
re
"BE IT RESOLVED that the action of.the Ma in
Y
A es
Ayes
suspen-
suspending City activities, except for essential func-
Noes
x
sion
tions, on Monday, November 25, 1963, is hereby
Absent
x
of
ratified and confirmed and that those :employees who
Cty
were absent from their employment as a result there -
activ°
ities
of be granted leave for that day without loss of com-
CA 46
pensation."
2. The City Attorney stated that some misunderstanding had
•
arisen as to what the policies of the City are with regard
to the purchase of the assets of the Santa Ana Heights
SA Zits
Water Company. He recommended that an analysis be
Wtr Co
made of the representations being made in the area and
C -880
CA 12
that the Mayor be authorized to write a letter to the Com
pany and the shareholders expressing. the policies of.the
City. The Mayor was so authorized.
Motion
Ayes
x
31
Absent
x
3. The'City Clerk was authorized to contract with Martin
!iartin
and Chapman Co., Ltd. for the furnishing of election
Motion
Se Chap-
supplies for the 1964 General Municipal Election.
Ayes
x
nan
,.A 76
Absent
x
4. The City Manager read a letter from W. D. Canterbury
)avis
and R. K. Davis protesting a charge of $.74 for the abate
protest
ment. of weeds on Lots 7 and 8 of River Section, Newport
weed
Beach, stating that the weeds had been abated by the
abate-
owners and that the City had removed plants and ground
cent
cover. Mrs. Davis spoke from the audience and stated
•
that she learned of the charge of $74 when it appeared on
County tax bills which she recently received. Mrs.
"A 11
Davis was requested to. seethe City Clerk to inform her
of the requirements for filing a claim against the City.
The City Manager was requested to. investigate the weed
abatement program.
COMMUNICATIONS - ADVISORY:
1. A copy of a Resolution adopted by the City Council of the
:ity of
City of Orange for the purpose of recommending legis-
)range
lation which would prevent State agencies from preempt -
tes re
ing. the field of local building if the local
Loc
,regulations
jurisdiction has adopted the nationally recognized codes
>1dg
specified in Chapter 17922 of the California Health and
`egs
Safety Code, was presented. The matter was referred
Motion
:A 100
to the City Manager for a report as necessary, to keep
Ayes
x
x
the Council current on this matter.
Absent
x
ATTEST: Mayor
ity Clerk
Page 137
x
Index
•
Woman's
Civ Lead
N.Harbos
CA 83
Gas Tax
Funds
CA 71
CA 53
•
CITY OF NEWPORT BEACH
Volume 17 - Page 138
November 26, 1963
2.. The following letters were ordered filed:
(a) Letter from the, Woman's Civic League of Newport
Harbor, commending the City Manager, F. Robert
Coop, for his election.to the State Board of Director
of the League of California Cities.
(b) Report from the State Department of Public Works
indicating, that the October, 1963 apportionments of
Gas Tax Funds for expenditure on City streets for
Newport Beach was in the amount of $24,870. 25; an
that payment of Gas Tax allocation for Cities, to
October, 1963 quarterly.for expenditures on City
streets to the Treasurer of the City of Newport
Beach was. in the amount of $69, 198.04.
(c) Agendas for meetings held by the Orange County
Board of Supervisors on November 12, . 13, 19 and
2.0.
ABC lie (d) Copy of Application for Alcoholic Beverage License,
CA 156 person to person transfer, on -sale beer, Lucifer's
Den, 2000 West Balboa• Boulevard, Newport Beach,
from Dennis A. and Janet N. Murphy to'Mary E.
Thompson.
3. An excerpt from the Minutes of the Orange County Boun-
dary Commission was presented indicating, that the
prop
annex tc boundaries of the proposed annexation of territory.to the
CN City of Costa Mesa (Woodland No. 1 Annexation) are
CA 108 reasonably definite and certain. Said annexation is lo-
cated midway between Tustin Avenue and .Santa Ana Ave -
nue,.northerly of 20th Street.
The communication was ordered filed, and the City
Clerk was instructed to submit the advices she receives
from time to time from the Orange County Boundary .
Commission to the Public Works Department and to ask
CA 90 them where ,the annexations are. located, and if an annex -
ation is obviously in an area where the Council is inter-
ested, she should forward a small map or block it out
on one of the big maps so that the Council can see where
the annexation is proposed.
ADDITIONAL ITEM:
foreign The City Manager introduced American Field Service
exchange foreign exchange students, Yoseph Abdullahi from
students Ethiopia and Haruki Kidani from Japan.
CA 33
The meeting was adjourned at 9:20 P. M.
Mayor
ATTEST:
City rlerk
Page 138
Motion
Ayes
Absent
Motion
Ayes
Abs eni
Motion
Ayes
Absent
COUNCILMEN