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Home My WebLink About02/10/1964 - Regular MeetingIndex C -1077 Subdi- visions CA• 26 C-1079 curfew hours for Minors CA 39 Tr, 5287 CA 23 CITY OF NEWPORT BEACH Volume 17 - Page 193 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: February 10, . 1964 Time of Meeting: 7 :30 P.M. Place of Meeting: Council Chambers Roll Call: The reading of the Minutes of the Regular Meeting of January 27, 1964 and the Special Meeting of February 6, 1964, was waived; the Minutes were approved as written and ordered filed. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1077, being AN ORDINANCE OF THE CITY OF NEWPORT BEY AMENDING SECTION 9Z56.14 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO SUBDI- VISIONS, was presented for second reading was adopted. 2. Ordinance No. 1079, being Ordinance No. 1077 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING SECTIONS 4221 THROUGH 4226 OF, AND ADDING NEW SECTIONS 4221 THROUGH 4224 TO, THE NEWPORT BEACH MUNICIPAL CODE RELATING TO CURFEW HOURS FOR MINORS, was presented for second reading. A motion was made to adopt Ordinance No. 1079, which motion. failed to carry. It was directed that the Ordinance be presented again on March 9 for further consideration. CURRENT BUSINESS: 1. The Tentative Map and Final Map for Tract No. 5287, 2. 74 acres divided into 9 lots, located in the West Bluff area in the vicinity of Antigua Way and Santiago Drive, were presented. The findings of the Planning Commis- sion dated February 7, 1964, and recommendations from the Public Works Department dated February 3, 1964, were presented. 0 �P TTEST: %V, Mayor Page 193 COUNCILMEN Present Absent Motion Ayes Absent Motion Roll Call: Ayes Absent Motion Roll Call: Ayes Noes Absent Motion Ayes Noes Absent xix X Index • TR 5287 F°ina Malts CA 2 Fina Map Tr, 5/x80 TR. 054 R 59 CA 2 Rest divi 144 & 17 CA 1 • 9 impr( meat Bal Blvd CA 2! water main cons9 CITY OF NEWPORT BEACH Volume 17 - Page 194 February 10. 1964 COUNCILMEN N A f0 A O x m o c o The Tentative Map for Tract No. 5287 was approved sub Motion x ject to the recommendations of `the Planning Commission Ayes x x x x x x and the Public Works Department. Absent x The Final Map for Tract No. 5287 was approved subject Motion x 1 to the recommendations of the Planning Commission and Ayes x x x x x x the Public Works Department; and the City Clerk was Absent x 3 authorized to sign said Map. 1 2. The Final Map for Tract No. 5480, 12. 01 acres divided into 54 lots, East Bluff, northerly and westerly of Corona del Mar High School site, was presented. Mr. Paul Rife spoke from the audience. The Final Map for Tract No. 5480 was approved subject Motion x to the conditions recommended by the Planning Commis- Ayes x x x x x sion and the Public Works Department, and subject to Absent x 80 the City having the power to enforce the assessment for upkeep and maintenance of the common area; and the City Clerk is not to sign the map until this has been worked out to the satisfaction of the City Attorney and the devel- oper. 10 Resolution No. 5910, authorizing the execution of an Motion x agreement for the construction of improvements in Roll Call: 3 Tract No. 5480 with The Bluffs, was adopted. Ayes x x x x x x Absent x 3. Resolution for an agreement with the Presbytery of Los �= Angeles, subdivider, in connection with Resubdivision 3i n No. 144; and an agreement with the Roman Catholic Arc - bishop of Los Angeles, in connection with Resubdivision 3 No. 173; and other documents, were diaried for consid- Motion x )9 eration on February 24. Ayes x x x x x x Absent x A report from the City Attorney regarding the matter, was requested. 4. A memorandum dated February 7, 1964 from the City W ° Manager and the Public Works Director recommending approval of plans and specifications for the improvement of Balboa Boulevard from 32d Street to 21st Place, authorizing t$e City Clerk to advertise for bids to be re- ceived March 4, at 10:00 A. M., was presented. The Motion x recommendations were approved and authorized. Ayes x x x x x x Absent x 5. A memorandum dated February 5, 1964 from the City Manager and the Public Works Director regarding water main construction in East Newport, requesting deter- mination of whether or not the 'alley paving work should Mayor TTT^EST: Ci y Clerk Page 194 Index 10, 1964 CITY OF NEWPORT BEACH Volume 17 - Page 195 - be included in the water main replacement contract, was CA 12 presented. The report was ordered received and the matter was re- diaried for February 24. R =5911 6. Resolution No. 5911, being a Resolution of the City writter Council of the City of Newport Beach authorizing certain argu- of its members to file written arguments for two City ments measures, was adopted. The City Clerk stated that she City had fixed the date of February 28, 1964 as the last date measures on which arguments for and against the City measures CA 76 may be submitted to the City Clerk. 7. Resolution No. 5912, appointing Election officers and 115912 designating polling places for the General Municipal Electi n Election to be held April 14, 1964, was adopted. CA 76 28th St, R -5913 acquis- ition of prof CA 38 R -5914 Deed to Pope CA 38 0870 RI-5915 Sch A C 45 water main mint 31st CA 12 ton lti re storm damage CA 154 8. In connection with the widening of 28th Street along the easterly side thereof between Balboa Boulevard and Ne port Boulevard: (a) Resolution No. 5913, finding and determining that the public interest and necessity require the acquisition -6f certain real property for ,a public improvement, to ty wit, public streets, and authorizing and directing eminent domain proceedings therefor, was adopted. (b) Resolution No. 5914, authorizing the execution of a Grant Deed to Edker Pope, and wife (the property described as Parcel J in the contract with Edker Pi was adopted. 9. Resolution No. 5915, amending Schedule "A" adopted by .Resolution No. 5904 relating to classification and com- pensation (adding police clerk and four patrolmen, and one building inspector), was adopted. 0. A memorandum dated February 7, 1964 from the City Manager and Public Works Director regarding water main replacement in alley northerly of 31st Street be- tween Lafayette and Villa Way, was presented. The re- placement of subject water main was authorized, the work to be done by City forces. 1. A letter was presented from Theodore and Sylvia S. Harrington dated February 6 regarding alleged storm damage to property at 404 Dahlia Avenue. The matter was referred to the staff for a report for City Council. TTEST: ty Mayor Page 195 COUNCILMEN Motion Ayes Absent Motion Roll Call: Ayes Absent Motion Roll Call: Ayes Absent Motion Roll Call: Ayes Absent Motion Roll Call: ), Ayes Absent Motion Roll Call: Ayes Absent Motion Ayes Absent Motion Ayes Absent x x'. x x CITY OF NEWPORT BEACH COUNCILMEN Volume 17 - Page 196 3 � m v o Index February 10. 19 &4 A `� X x x xi x tN L.A. 12. A memorandum dated February 7, 1964 from the City Airways Attorney regarding the Application of L. A. Airways, Inc. Motion x CA 36 for increase in passenger fares, was ordered filed. Ayes x x Absent 13. A memorandum dated February 7, 1964 from the City Tr. 5463 Attorney regarding Tract No. 5463, was presented. R -5916 (a) Resolution No. 5916, authorizing the execution of Motion Covenants, Conditions and Restrictions regarding Roll Call: Tract No. 5463, was adopted. Ayes x x Absent 8-5917 (b)Resolution No. 5917, accepting a Grant Deed from Th Irvine Company and The Bluffs conveying the title to Motion public street rights -of -way in Tract No. 5463 (res- Roll Call: CA 23 cinding Resolution No. 5897), was adopted. Ayes x x Absent • APPLICATIONS FOR LICENSE: 1. Consideration was given to the Application of Robert E. Thon Thon of Long Beach, for solicitation, private patrol ser- applac vices for homeowners, consisting of continual patrol for from 8 :00 P.M. to 4:00 A. M. nightly with vacation checks r re e when absent from home; Mr. Thon only solicitor in New - patrol' Port area; Mr. Thon proposes to solicit merchants' patrol service, including construction projects. A report CA 63 dated February 7 from the Chief of Police stating Police Department has no legal grounds for objecting to parti- cular applicant, but report sets forth particulars regard- ing this type of solicitation. The application was denied, Motion and it was suggested that the applicant re -apply when a Ayes x x proposed ordinance has become effective under which the Absent City will govern this type of solicitation. It was stated that the public safety is involved in this matter. 2.. The following Applications for License were approved: Motion Ayes x x CA 63 (a) Exempt, Orange County Society for Crippled Children Absent 3 and Adults, by Paul L. Williams, Executive Director, 585 South Tustin Avenue, Orange, soliciting funds for the 1964 Easter Seal Campaign which will be held February 26 through March 29; coin containers to be placed in business establishments during this period; on March 13 and 14 permission to offer lilies made by handicapped workers to shoppers as lapel ornaments for donations, to be solicited on sidewalk in front of business establishments. (b) Exempt, Hilda Taubkin, Area Director, 200 West 8th Street, Los Angeles, soliciting for the City of Hope, 1b &L4L Mayor AATTEST: ity Clerk Page 196 X x x xi x tN CITY OF NEWPORT BEACH Volume 17 - Page 197 Index February 10, 1964 COUNCILMEN 0 r 10 t m t ZN sponsoring Hope Sunday which will be conducted June 7 to June 14; approximately 75 solicitors, all adults; door to door. (c) Exempt, Constance F. Krause, Assistant to Bobbie Jean Pease, Council Cookie Chairman, Newport Har- bor Girl Scout Council; 1700 West Balboa Boulevard, Newport Beach; house to house soliciting cookie sale; girls will have adult supervision while selling their cookies; drive to be conducted February 14 through March 14. Pier APPLICATIONS FOR PIER PERMITS: Permit CA 130 The Minutes of the Joint Harbor Committee meeting held February 4, 1964, indicating the following recommendation , were presented: • 1. The following Applications recommended for approval as Motion x conditioned, were approved: Ayes x x Absent x A -1367 Newport Construction Co. 419 Evening Star Lane, Newport Beach Bayward of Lot 148, Tract 4224 Application to construct pleasure ramp. and float. Recommended for approval subject to the approval of the U.S. Corps of Engineers. A -1368 Macco Realty Co. 1014 Polaris Drive, Newport Beach Bayward of Lot 180, Tract 4224 Application to construct pleasure ramp and float. Recommended for approval subject to the • approval of the U. S. Corps of Engineers. A -1370 Newport Construction Co. 312 Evening Star Lane, Newport Beach Application to construct pleasure ramp and float. Recommended for approval subject to the approval of the U. S. Corps of Engineers. In connection with Application No. A -1371: A -1371 Hale Field 503 W. Edgewater, Newport Beach Application to construct pleasure pier and slip. Recommended for approval subject to certain conditions. The matter was held over and diaried to February 24, Motion • and the City Attorney is to present a report. Ayes x x Absent x Mayor ATTEST: � 1nJ 0. M'_ � gi a/v �Ti t �t_��! ., i City Vlerk Page 197 CITY OF NEWPORT BEACH Volume 17 - Page 198 Index February 10. 1964 COUNCILMEN 3 r r N A P � N 1p Consideration was given to Application No. A- 1372: pbeg Permit 3 A -1372 John R. McIntosh (Snack Shop No. 1) CA 130 101 E. Coast Highway, Newport Beach Bayward of Parcel 2, Lot A, Tract 5361 Application to construct mooring piles an ramps. Recommended for approval subject to the condition that this structure be held be- hind the existing bulkhead line and further if the future bulkhead Pane is adopted, the structure will be located behind it, and an move made by the applicant will be done at no expense to the public. A letter dated February 7, 1964 from the Snack Shops Inc., William C. McIntyre, Vice President, regarding • the location of the proposed floating restaurant, was presented. The Application was approved subject to conditions Motion x being worked out with the City Attorney to the satis- Ayes x x x x faction of the City Council. Absent x The following Application was approved: Motion x Ayes x x A -299 -R A. J. West Absent x 759 Via Lido Soud, Newport Beach Bayward of Lot 36, Tract 907 Application to revise slip float. Recommended for approval subject to the approval of the U.S. Corps of Engineers. 2. The following Pier Permit Transfers recommended for approval, were approved: Motion x Ayes X x • A -562 120 S. Bay Front, Balboa Island Absent x Bayward of Lot 6, Block 1, Section 1, Balboa Island Transfer pier and float from Walter F. and Janet H. Thompson to Edward P. and Velda Shaw. A -1079 3601 Finley Avenue, Newport Beach Channelward of Lot 1, Block 436, Canal Section Transfer pier and float from Maxine R. Hartge to J. Matthew and Lois Jean Osborne. &L:r'_Zz • Mayor ATTEST: M ity Clerk Page 198 CITY OF NEWPORT BEACH Volume 17 - Page 199 Index February 10, 1964 COUNCILMEN m v 10 o i m A -1096 3210 Marcus Avenue, Newport Beach CA 130 Channelward of Lot 6, Block 332, Canal Section Transfer pier and float from William and Carol Novick to William W. and Colleen V. Naigle. 3. The Council noted that the Joint Harbor Committee has stated that a new "Pier Permit Area Map of Tract 4224" is to be prepared by Boyle Engineering for approval by the City Council, The Irvine Company, and the County Board of Supervisors. This map will replace the map accepted by the Joint Harbor Committee on February 6, 1962. It will be kept in the office of the City Engineer for reference purposes. 4. Additional matters considered by the Joint Harbor Com- mittee on February 4 (page 5 of said Committee's Min- utes), were briefly mentioned. COMMUNICATIONS - REFERRALS: Applic 1. The Application for Permit for Public Address System Permit filed by Reverend David Walker for the Newport Harbor for Public Council of Churches, was presented. Addres System Letters were presented from the following in favor of th proposed Easter Week program: Darcie France; Rev. CounciL Edward P. Allen, Vicar of St. Michael and All Angels of Episcopal Church; Mrs. Robert Chamley; Betty Boyvey; Churches Marion L. Bowman. Ltrs Letters were presented from the following opposing the opposilIg proposed Easter Week program: John M. Rau; Wayne Easter Bandy; Harry Bane, President of the West Newport Im- provement Association, stating said Association unan- imously passed a resolution to notify the Council of the Week Association's objection to the proposed installation of program loud speakers on the beach during school vacation per- iods; Harold W. and Grace B. Doyle; W. A. Coleman. Mayor Hart stated that each member of the Council had received from Reverend Walker a hand delivered copy of the program proposed by the Council of Churches. The following people spoke from the audience in .favor of the proposed program: Donald Bowman; Don Sloper on behalf of himself and the Balboa Island Improvement As- sociation; Michael Dwaileebe; P. F. Baines; Reverend CA 74 Walker; Frank Gunn, Pastor of the Lutheran Church of CA 123 the Master; Mel Taylor. [� Mayor ATTEST: Cit3k Clerk Page 199 Index sound trucke app denies • app Permit for Pub Addres system Cty Mn consol recomm CA 17_3 Bal Penin Pt Ass! • re Back Bay CA 70 Street Naming Comte CA 27 bldg at 106 F St. CA 81 CITY OF NEWPORT BEACH Volume 17 - Page 200 February 10. 1964 COUNCILMEN 3 1 F Y O p2f N A Mr. Eugene Grossman spoke from the audience opposing the program. The majority of the Council appeared to object to the use of roving sound trucks on Big Corona Beach and Balboa Peninsula and the plan to conduct a program on Good Friday afternoon. The application as presented was denied. Motion Ayes x x Absent x Mayor Hart stated that this action would not prohibit Reverend Walker from presenting a revised application. RECESS for five minutes was declared by Mayor Hart. The Council reconvened with all members present except Councilman Lorenz. The discussion continued regarding the Application for Permit for a Public Address System by the Newport Harbor Council of Churches. s The City Manager was instructed to work with the Coun- Motion cil of Churches on the details regarding the use of the Ayes x x loud speakers on the beaches during the three days of Noes r Easter vacation and to come back with a consolidated Absent x °d recommendation to the Council from the City Attorney, the Chief of Police, the Lifeguard Chief, and the Parks, Beaches and Recreation Director. 2. A letter was ordered filed from Marion McDonald of the Motion x Board of Directors of the Balboa Peninsula Point Asso- Ayes x x ciation stating that the Board expresses its whole- Absent x hearted support and concurrence with the views of the Newport Beach City Council in reference to the propose Back Bay Exchange, disapproving in principle the deed- ing away title to existing publicly owned tidelands held i trust for the people of California. 3. A copy of a letter from the Orange County Street Namin Committee to the Board of Supervisors regarding the establishment of street names, was ordered received ani Motion filed. Charles Zimmerman of the Planning Department Ayes x x spoke from the audience. Absent x 4. The following letters were ordered received and filed: Motion x Ayes x x a (a) Letter from Leonard Goldstein,. 1321 East Balboa Absent x Boulevard, regarding the condemned building at 106 F Street. The City Manager stated that a reply had been sent. Mayor ATTEST: ity erk I Page 200 X x CITY OF NEWPORT BEACH Volume 17 - Page 201 Index February 10- 1964 COUNCILMEN a r m m y z v o r ArrNa-+xp o assess- (b) Copy of letter from W. A. Coleman to Senator 'John ment A. Murdy, regarding the inequities in the assessment CA 107 of property in Orange County. 5. The lease documents, City- County Dock property, dated Motion x CA 173 January, 1964 (large booklet), were ordered received Ayes x x xxx x and filed. Absent x BUDGET AMENDMENT: CA 102 The following Budget Amendment was approved: Motion x Ayes xx xxxx No. C -45, in the amount of $270 (decrease in Unappro- Absent x priated Surplus), being an increase in Budget Appropria- tions for population estimate contract (C -888), from State Department of Finance; from Unappropriated Sur- plus General to City Council, Professional Services • Other. ADDITIONAL BUSINESS: R -5918 1. Resolution No. 5918, authorizing the execution of a con- Motion x SA lots tract with the Santa Ana Heights Water Company, ex- Roll Call: Wtr Co tending the closing date of said contract to May 18, 1964 Ayes x x x x x x CA 12 was adopted. Absent x 2. The Clerk presented a Summons and Complaint, which Securi y had been served on her on behalf of the City, in Orange Nat °al County Superior Court Action No. 94110, Security First CA 8� National Bank vs. the County of Orange, the City of New port Beach, et al., being a Complaint for Recovery of Taxes Paid under Protest. The matter was referred to Motion x the City Attorney. Ayes x x N X x x Absent x 3. A temporary opening of Main Street in Balboa for auto- Motion x mobile access to the Balboa Parking Lot was authorized Ayes x x xxx x aiBal rking lot at a cost not to exceed $2500. Absent x CA 21 4. In connection with the storm damage which was done in Buck the Buck Gully area above the highway, and referred to Gully in a letter of complaint written by Attorney Robert Hur- CA 154 witz, Councilman Cook inquired of the City Manager as to what had been done. The City Manager stated that several meetings have been held and that the matter is still under investigation by those involved. 5. The City Manager presented the Application for License Olson of J. N. Olson for permission to bring to the Fun Zone app three amusement rides, one replacing the old merry -go Fun round, one replacing the ferris wheel, and one replacing Zone a tilt -a- whirl. Mr. Olson spoke from the audience. It rides was requested that the matter be brought back in the CA usual manner, and with additional information. 63 .iL ZT /�I� Mayor TTEST: ity Jerk Page 201 Index • side CA 70 CA �53 Upper Bay CA 70 ABC to CA Monte • Vista annex CA YO€ Adj CITY OF NEWPORT BEACH Volume 17 - Page 202 February 10, 1964 COMMUNICATIONS - ADVISORY: The following communications were ordered filed with com Motion mendation to the Police Department regarding the work Ayes done in connection with the Application for Alcoholic Bever- Absent age License (Communication No. 4): 1. Notice from U.S. Army Engineer Division, South Pacific Corps of Engineers, of Survey Report for Navigation, Oceanside Harbor, Oceanside (Camp Pendleton, Califor• nia), stating that the report is favorable to the Federal maintenance of the general- navigation features of the locally constructed Oceanside Harbor; maintenance dredging of the channels to Oceanside Harbor and Del M: Boat Basin (a U. S. Naval facility) would be undertaken ae a combined improvement. 2. Copies of Agendas of Orange County Board of Supervis meetings held January 28, 29, February 4 and 5. 3. Excerpt from the Minutes of the Orange County Board of Supervisors meeting held January 21, indicating that a letter dated January 20; 1964 from Mayor Hart regardin the proposed exchange of property in the Upper 'Bay has been received and ordered filed. 4. Copy of Application for Alcoholic Beverage License, transfer, person to person, on -sale beer, 104 Main Street, Balboa, from Frances C. and Sam Travato to Nicholas M. Ponson. Said application has been denied by the Department of Alcoholic Beverage Control becai applicant is alleged to have misrepresented material f, in applying to obtain a license. 5. Excerpt from the Minutes of the Orange County Boundari Commission of February 3 regarding the proposed annex+ ation of territory to the City of Costa Mesa (Monte Vista No. 3 Annexation), stating the boundaries have been found to be reasonably definite and certain. (The pro- posed annexation is located northerly of Monte Vista, westerly of Tustin Avenue, easterly of Santa Ana Avenue and southerly of Del Mar Avenue; it is a very small strip approximately in the center of the block of the boundarie named, abutting on Tustin Avenue.) Mayor Hart stated that the Study Session regularly to be held on February 17 would not be held. The meeting was adjourned at 10: 10 P. M. Mayor ITTEST: Page 202 Motion Ayes Absent COUNCILMEN x