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HomeMy WebLinkAbout02/24/1964 - Regular MeetingIndex V t C g F e CITY OF NEWPORT BEACH Volume 17.- Page 203 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: February 24, 1964 Time of Meeting: 7:30 P.M. COUNCILMEN `m'A 61 raa�e vi 1V1CGLaaa �uuu�.ai vuo-uia+c += A F _P 10 raa�e vi 1V1CGLaaa �uuu�.ai vuo-uia+c += Roll Call: Present x x x x x x Absent x The reading of the Minutes of the Regular Meeting of Feb - ruary'10,. 1964 was waived; the'Minutes were approved as Motion x written and ordered filed. Ayes x x x x x x Absent x HEARINGS: 1. Mayor Hart opened the public hearing in accordance with eed Resolution No. 5907, which determined and declared that b�L�e certain weeds are growing upon certain streets, side - 8 nt walks, parkways, and private property, in the City, of Newport Beach and that the weeds are a public nuisance; and which 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 and directed the abatement thereof in accordance with Chap- ter 4 of Article VII of the'Newport Beach Municipal Code A letter was presented, dated February 20, from Theo - ia��= dorb and Sylvia Harrington protesting the direction to .ngtol I remove weeds from property, located at 404 Dahlia. The ®$e g City Manager said that he had talked with Mrs. Harring- ton and she has agreed that they will take care of the weeds. on their property. No one desired to speak from the audience. The hearing was closed. Motion x Ayes xx xxxx Absent x In response to an inquiry from Councilman Stoddard, Mrs. Harrington spoke from the audience and said that they do not have weeds and she was therefore protesting the direction to remove weeds. . The Superintendent of Streets was ordered to abate the Motion x nuisance or cause it to be abated by having the weeds re- Ayes X x x x x x l g moved ixy, accordance with Resolution No,_ 5907. Absent x 2. Mayor Hart opened the public hearing to determine irg whether or not the following property should be declared -e surplus: That certain property owned by the City front- urph s ing .on Newport Bay, lying easterly, of Newport Boulevar xopt3 and southerly of 26th Street, being .a portion of Blocks 222 and 223, as shown upon a map of Section A, Newport Beach; the sale and conveyance of said parcel was auth- orized by a vote of the people of the City of Newport Beach on April 1.2, 1960. . Mayor ATTEST: CA Cler c Page 203 Index h co la Mt CA ®e1 re But dgi M ® =1 pri Rai Bel r L CA Ike: 141 CITY OF NEWPORT BEACH Volume 17 - Page 204 COUNCILMEN _ r `p o0 �ZNp nm A _ r r cur UnA c' a v1 I I s E P e4 p u. t S C 0 A 0 LP G I W M, E P1 C. CA CITY OF NEWPORT BEACH COUNCILMEN Volume 17 - Page 205 v r � a Index Fahrnnry 24. 1964 A N A� F A AO (b) Resolution No. 5919, authorizing the execution of an , -5919 agreement with The Presbytery of Los Angeles, sub- Motion x ;esub divider, for the construction of improvements re- Roll Call: quired as a condition of approving Resubdivision No. Ayes x x x x x x .44 144, was adopted. Absent x (c) Resolution No. 5920, authorizing the execution of an . °5920 agreement with The Roman Catholic Archbishop of Motion x Los Angeles, subdivider, for the construction of im- Roll Call: .esub 73 provements required as a condition of approving Re- Ayes X x X x x x subdivision No. 173, was adopted. Absent x . =5921 (d) Resolution No. 5921, accepting a Grant of Easement from The Irvine Company, The Presbytery of Los Motion x 1 56 Angeles, and The Roman Catholic Archbishop of Los Roll Call: Angeles, granting to the City an easement for street Ayes x x x x x and highway public utility purposes over certain por- Absent x . tions of Block 56 of Irvine's Subdivision in connection with the subject Resubdivisions, was adopted. A 129 2. A report dated February 18, 1964 to the City Council eport from the Committee to Study Cost of Administration of r Pier Permits, was presented. omte 0 osty It was directed that the recommendations of the Commit Motion x ost tee numbered 1, 3 and 5 be approved; that the recom- Ayes x x x x x x f mendation numbered 2 be amended to read "That all Absent x drain Harbor permits not in conformity with approved Harbor ¢ policies and standards be issued by the Public Works ser Department after review by the City Council "; and that armit the first paragraph of recommendation 4 be amended to read "That if the recommended changes in Items 1, 2 and 3 are approved, it is .further recommended that the following preparatory work be done by the staff for re- 60 view by the City Council: - - -" . 3. A memorandum dated February 5, 1964 from the City �r Manager and Public Works Director regarding water agn main construction in East Newport, requesting deter - .New- 3rg mination of whether or not the alley paving work should be included in the water main replacement contract, had been diaried for consideration on February;24. A memorandum dated February 20 was presented from -873 the City Manager and Public Works Director recommen - ' Y2 ing.approval of plans and specifications for water main construction in East Newport and alley paving in Lindo alley (Contract No. C -873), requesting that the City Clerk be authorized to advertise for bids to be received at 10:30 A. M. on March 18, 1964. The recommenda- Motion x tions were approved and authorized. Ayes x x x x x x Absent �% A' �j7 f A� Mayor ATTEST: Cit Clerk Page 205 CITY OF NEWPORT BEACH COUNCILMEN Volume 17 - Page 206 01iis Index February 24. 1964 " 4. A report dated February 18, 1964 was presented from Hal-, the City Attorney regarding Application for Pier Permit Field Pier No. A -1371: Hale Field, 503 W. Edgewater, Newport s ermgg Beach, Application to construct pleasure pier and slip. A -1371 The Clerk stated a letter had been received from Hale Field, requesting that action on the matter be deferred. The Application for Pier Permit No. A -1371 was denied Motion x CA 130 and the letter from Mr. Field was ordered filed. Ayes x x x x x x Absent x 5. Consideration was given to the Application for Pier Per - Snack Shop mit No. A -1372, John R. McIntosh (Snack Shop No. 1), 101 E. Coast Highway, Newport Beach; bayward of Par - Pier ate.. cel 2, Lot A, Tract 5361; Application to construct moor Permit ing piles and ramps; the application having been approve A °1372 by the Council on February 10 subject to conditions being CA 130 worked out with the City Attorney to the satisfaction of • the City Council. The City Attorney read the conditions on the Application. The City Clerk and the Public Works Director were Motion x authorized to sign said application conditioned as read Ayes x x x x x x and as discussed in the afternoon Study Session of Feb- Absent x CA 130 ruary 24. 6. A memorandum dated February 11, 1964 was presented Sec lag from the City Attorney re Security First National Bank Nat'nal vs. County of Orange, City of Newport Beach, et al. , Bank Superior Court Case No. 94110. The memorandum was Motion CA 84 ordered received and filed. Ayes x x x x x x Absent x 7. Consideration of the alleged storm damage at 404 Dahlia Harrin ° Avenue, regarding a letter of complaint received from ton Theodore and Sylvia Harrington, which had been referre storm damage to the staff for a report, was deferred until later in the • meeting to enable the Public Works Director to give a report. CA 154 CURRENT BUSINESS: Denlinger 1. The request of Clyde and Clara Denlinger that the 10 foo req alley between 61st Street and 62nd Street be abandoned for from West Coast Highway to Newport Shores Drive, and vacation a similar request from Patrick O'Connor, President of BOC, Inc., the lessee of property owned by Clyde and Clara Denlinger, were presented. The matter was re- Motion x CA 3.4 ferred to the Planning Commission for recommendation. Ayes x x x x x x Absent Mayor • TTEST: C1 Clerk Page 206 CITY OF NEWPORT BEACH COUNCILMEN Volume 17 - Page 207 N m y y➢ O m 9 Index February 24, 1964 p N A o • 2. A report dated February 24, 1964 from the City Manage delin- and Acting Finance Director regarding delinquent ac- queng counts receivable, recommending authorization to trans accoun s fer the accounts to the Credit Bureau for collection, was Motion x CA 112 approved; with the deletion of the account numbered Ayes x x x x x x NA -139 which had been paid. Absent ,, -5922 3. Resolution No. 5922, authorizing the Mayor and City orange Clerk to execute a contract with the State of California Motion x St. in connection with the City -State participation of finan- Roll Call: �%aff cing of the Orange Street traffic signal construction, was Ayes x x x x x x sagnal adopted. Absent x CA 19 C -875A 4. A memorandum dated February. 20, 1964 was presented St. from the City Manager and Public Works Director reco - malint mending approval of plans and specifications for the g. 1963 -64 street maintenance program (C -893), and that the City Clerk be authorized to advertise for bids to be 93 received at 10:00 A.M. on March 18, 1964. The recom Motion x CA 29 mendations were approved and authorized. Ayes xx x x x x Absent x 5. A memorandum dated February 20, 1964 was presented East- from the City Manager and Public Works Director bluff recommending the acceptance of the construction of the Iftr 18" water line in Eastbluff (C -865) by James I. Gallache ; lane and recommending that the City Clerk be authorized to C -865 file Notice of Completion and release the bonds 35 days Cis 12 after the Notice of Completion has been filed. The Motion x recommendations were approved and authorized. Ayes x x x x x Absent x 6. A letter dated February 5, 1964 was presented from Ace Ace Plumbing Service, Inc., attaching an invoice in the E'llumbing amount of $90 for services rendered in clearing a line claim stoppage at 4507 Dorchester Road, Newport Beach, on CA 84 January 31, 1964. The letter was referred to the City Motion x • Manager and Public Works Director for a report. Ayes x x x x x Absent x Beach 7. A memorandum dated February 19, 1964 from the City Erosion Manager regarding Beach Erosion Control Project, was Control presented. It was directed that before the Council takes Motion project any action in this regard, the Council requests a com- Ayes x x x x x x plete itemization of the bill for clarification of just how Absent x this project now stands, as far as action by the County, CA 49 and the matter was referred to the staff for further re- search and report. 8. A memorandum dated February 19, 1964 from the City police Manager regarding the reimbursement check in the off° amount of $2923.25 for police officer training, was Motion x 3 CA CA, 39 9 ordered received and filed. Ayes x x x x x x Absent x Mayor ATTEST- City Clerk Page 207 CITY OF NEWPORT BEACH COUNCILMEN Volume 17 - Page 208 Index February 24, 1964 ®r%1,),M,, 9. A letter dated February 20, 1964 from the Mariners i ,r,'ne Comm s Community Association requesting clarification of the Assn n City's policy regarding use of adjoining parks and school re playgrounds, was presented. A motion was made by Motion x parks Councilman Elder to file said letter. Mrs. John d Hammond spoke from the audience requesting that the sch Council reiterate its policy. The City Manager read a play- statement he had prepared regarding the City's policy ground 3 -which says, in part, that "Wherever possible, City Cgy neighborhood parks will be located adjacent to elemen- Mngr tary schools in order that there can be maximum utiliza staaee- tion of public owned facilities. City park sites do not ment take the place of school playground areas, but supple- ment them. Both City parks and school playgrounds can be better planned as a joint project if they are located adjacent to each other. " The concensus of the Council • seemed to be that this was an accurate statement of the City policy. A vote was taken on Councilman Elder's Motion x CA 90 motion to file subject letter, which carried. Ayes x x x x x x Absent x Refer to Continued Business Item 7: storm The Public Works Director stated, in connection with th damage alleged storm damage claim of Sylvia and Theodore r1aim Harrington of 404 Dahlia, that he was of the opinion that :)g a small drain should be installed to take care of future Earring- runoffs, but that he did not recommend that the City go ,ns in and repair the alleged damages at this time since the next rain would no doubt wash out more of the property. He felt that if the Harringtons believe they have a claim they should file one and have the matter considered on this basis. The claim of the Harringtons was denied and Motion x ;A 154 the Public Works Department was authorized to make the Ayes x x x x x x • installation of the drain recommended by the Public Works Director. Absent x PUBLIC HEARING, continued from earlier in the Meeting, reopened. ;urpgu Mayor Hart, with the approval of the Council, reopened Xopty the public hearing to determine whether that certain City- lewport owned property on Newport Bay, lying easterly of New - 'ay port Bouldvard and southerly of 26th Street, being a por- ewport 1vd tion of Blocks 222 and 223, as shown upon a map of Sec - °= 6th St. tion A, Newport Beach, should be declared surplus; which hearing had been continued from earlier in the meeting. The Public Works Director displayed a map of the area proposed to be declared surplus. No one desirc d to speak from the audience. Mayor ATTEST: ity Jerk Page 208 CITY OF NEWPORT BEACH COUNCILMEN Volume 17 - Page 209 Index February 24, 1964 • The hearing was closed. Motion Ayes x x Absent 21 Prcpty dec7lar d Burp lu Subject property was declared surplus. Motion Ayes x x Absent Y The City Attorney stated that there is an existing lease on the property. The matter will be returned to the CA 38 Agenda at an appropriate time after an appraisal report has been received. APPLICATIONS FOR LICENSE: CA 63 The following Applications for License were approved: Motion Ayes x x • 1. Exempt, Ida White, 2511 Duke Place, Costa Mesa, for Absent x Harbor Chapter of Hadassah; card party and bake sale for 175 people at the Elks Club on March 11, 1964; non- profit philanthropic organization, monies to go to charit ; will not solicit tickets in this area; Costa Mesa permit being issued. 2. Exempt, Jack Fletcher, Services for the Blind, Inc. , 1902 North Broadway, Santa Ana, telephone soliciting sale of tickets for a benefit circus to be held in Costa Mesa June 20; drive to begin middle of March and run through June 20; fund raising to be promoted and con- ducted by members of Services for the Blind, Inc. and other volunteers; charitable non - profit organization; funds from circus to be used to maintain their training and recreational facilities for the blind in this area, which consist of classes in cane travel, Braille reading and writing, typing office techniques, et cetera. • 3. Exempt, Ray Hardy, Director of Promotion for Elks Club; telephone solicitation to business places only for the sale of circus tickets sponsored by the B. P.O. E. 1767 of Newport Beach; funds for the Elks major cere- bral palsy fund; drive to be conducted from February 25 through March 25; approximately five solicitors. 4. Phillip W. Hansen, 838 East 1st Street, Santa Ana, for auction on February 26 to sell equipment of laundromat at 2817 Villa Way, owned by R. H. Shadduck; one day only. T,h e A pplieation of J. M. Olson, 138 South Pacific Ave- nue, San Pedro, for permission to bring to the Fun Zone Mayor ATTEST: City Clerk Page '209 xIxlx x Ix Ix Ix x Index 0 SA 4ts Wtr Co canoe. lagioa ktr C -880 CA 12 n LJ Dyers ktr n stop 11 t CA ]L 9 TWbiw kgr CA 70 r argedl re Upper Bay CA 70 8egsc& kgr C70 Foover lgr re freewa CA 69 CA 18 Subscr gion TV CITY OF NEWPORT BEACH Volume 17 - Page 210 Fnhrrnarir 24. 1964 COUNCILMEN two amusement rides, one merry -go- round, 613 East Edgewater,- and one ferris wheel at 600 East Bay, Bal- boa, to replace the old merry -go- round and ferris wheel which will be taken out, was approved. Motion x Ayes X xxx Absent x COMMUNICATIONS - REFERRALS: 1. A letter was ordered filed from Harry M. Brown, ActinE Motion x Secretary of the Santa Ana Heights Water Company, Ayes x x x x x x stating that the Board of Directors of said Company on Absent x February 14, unanimously passed the following Resolu- tion: "That all contract proposals and agreements be- tween the City of Newport Beach and the Santa Ana Heights Water Company be cancelled and all negotiations terminated. " 2. A letter from L. E. Myers regarding the stop light at 36th Street and West Balboa Boulevard was referred to Motion x the City Manager and Traffic Committee for report. Ayes x x x x x Absent x 3. The following letters were ordered received and filed: Motion x Ayes xx xxxx Letter from Mr. and Mrs. J. Frank Robinson opposing Absent x the proposed Upper Bay Land Exchange. Letter from George Friedl, Jr., requesting that copies of certain letters to the Board of Supervisors in connec- tion with the Upper Bay Land Exchange be made a part of the City Council records. Letter from Mr. J. J. Petsch dated February 24, re- garding the proposed "Tidelands Exchange in Upper New- port Bay" and stating that he is concerned with the "val- idity and fairness of the entire trade." 4. The following action was taken on motion of Councilman Motion x Stoddard, unanimously carried: Ayes x x x x x x Absent x (a) A letter was referred to the City Manager from Thomas B. Hoover, Minister, Plymouth Congrega- tional Church of Corona del Mar, protesting the pro- posed routing of the Coast Freeway through the heart of the City of Newport Beach, also protesting the re- quired speed through "predominately residential corn munity. " lya (b) A letter was ordered filed from Harry Lerner and Associates, Campaign Directors for Subscription Mayor ATTEST: Qti City Clerk Page 210 CITY OF NEWPORT BEACH Volume 17 - Page 211 Index February 24, 1964 COUNCILMEN 0 0 \o A Q x Television, Inc. , stating that some City Councils are pa TV Y� "" being pressured into adopting Resolutions condemning subscription television, or Pay -TV, requesting to be CA 1-79 heard before any such action would be taken. (c) The claim of James Bento for alleged damage to his Sento automobile when a branch "of a City owned tree" fell cla :Lm on his car on February 8, was denied and the City CA 84 Clerk's referral of the matter to the insurance car- riers, was confirmed. BUDGET AMENDMENTS: CA 102 The following Budget Amendments were approved: Motion x Ayes x x X) 1. No. C -46, in the amount of $1600 (decrease in Unappro- Absent x . priated Surplus), being an increase in Budget Appropria- tions for replacement of existing 4" water main with 8" main in alley northerly of 31st Street between Lafayette and Villa Way; from Unappropriated Surplus Water, to Water, Land Improvements, Water and Sewer Main Re- placement. 2. No. C -47, in the amount of $1500 (decrease in Unappro- priated Surplus), being an increase in Budget Appropria- tions for construction of roadway between Main Street and Balboa Parking Lot; from Unappropriated Surplus General to General Services, Streets, Land Improve- ment, Roadway - Main Street and Balboa Parking Lot. ADDITIONAL BUSINESS: 1. Councilman Stoddard made a motion to commend the Motion • Upper Bay Committee for a thorough -going job, and to approve the Committee report with the assumption being 1pper iay that the three pieces (proposed to be reserved in the "Upper .®ante Bay Land Exchange" as City beach - parks) be conditioned by control; and that the matter be brought ;A 70 back to the Council with a drawing indicating what is be- ing approved. Mr. William Mason was requested to display his map showing the Upper Bay and the areas under discussion. Pending the placement of the Map, RECESS for five minutes was declared by Mayor Hart. The Council reconvened with all members present except Councilman Lorenz. �� o Mayor TTEST: City Clerk Page 211 0 \o A Q x CITY OF NEWPORT BEACH COUNCILMEN Volume 17 - Page 212 Index z_t _..__._ oe in4A A r N p X m A Ma fc La E� Ch W6 Cc M6 n s E6 WE F2 ?1u 4 C� S6 C< Te s L A vote was taken on Councilman Stoddard's motion (set Motion x forth above), which carried unanimously. Ayes x x x x x x Absent x Mr. Mason presented the revised plan for Land Exchange y and designated on the map the areas proposed for City gad beach - parks. The following people spoke from the C audience opposing the present plans for the land exchang : Mrs. Marion Bett; George Gurr; Mrs. William J. Mack witch; Mrs. Marion McDonald, representing the Penin- sula Point Association; Don Sloper, George Friedl, Jr. ; 70 Warren Crow, Jr. 2. A report prepared by the Ways Committee, Marine Divi ys sion of the Newport Harbor Chamber of Commerce en- mt a titled "Marine Ways and Services Study, " was received Motion x rin and the Committee was highly congratulated on a job well Ayes x x X x x x V done in connection with a problem in the Lower Bay that Absent x ' is growing acute. 70 COMMUNICATIONS - ADVISORY: The following communications were ordered filed: Motion Ayes xx xxxx 1. Easter Week Program: Absent x ste ek (a) Letter from Newport Harbor Council of Churches og dated February 21, 1964, withdrawing the request to conduct a program during Easter Week. sus° S (b) Copy of letter from R. W. Hardacre for "The Session of St. Andrews Presbyterian Church ", regretting the withdrawal of the request to have loud speakers on the public beaches in order to present a program for Easter Week. 1 (c) Card from C. A. and F. W. Eagan expressing appre- ciation that the Easter Week program had been re- jected. (d) Letter from Sheila Comming opposing the proposed Easter Week program on the beaches. (e) Card from Harold W. and Grace B. Doyle addressed to Councilman Stoddard in favor of his "stand against City sanction of loud speakers for sectarian purposes in public recreational areas. " 7 2. Copy of Opinion and Order in the Application of South Coast Transit Corporation for authority to increase Es ��- Mayor ATTEST: a� C ty Cl rk Page 212 Index ?U CA CA bll re CA El 4_ Hil F__ L_ Ci Cg Bo CA CA CA 4 CA Ad Mel CITY OF NEWPORT BEACH Volume 17 - Page 213 Fohv „eve. 7d 10fd COUNCILMEN N m y i v o m C rates before the Public Utilities Commission of the State 36 of California; ordering authorization to establish certain increased passenger fares. 3. Copies of Agendas for the Orange County Board of Super- visors visors meetings held on February 11, 13, 18 and 19. dg 4. Copy of Resolution of the City of Tustin recommending gs legislation which would prevent State Agencies from pre - 100 empting the field of local building regulations. 5. Copy of the Orange County Board of Supervisors Resolu- eCg tion adopted February 4, approving the performance by 14-64 the County Clerk of services requested by the City of 76 Newport Beach in the conducting of the General Municipa Election to be held April 14. ' 6. Copy of an excerpt of the Minutes of the Orange County �Y- Board of Supervisors meeting held February 5, 1964, yk indicating that the Orange County Harbor Manager was X73 authorized to prepare a suitable brief advertisement calling for bids on the proposed City - County Dock Prop- erty Lease in an issue of the Santa Ana Register. 7. Annual Report of Financial Transactions Concerning gig Streets and Roads of Cities and Counties of California 1962-63, from the State Controller. ADDITIONAL ITEMS: 1. The City Manager requested permission to supply to the 87 Council candidates copies of the Budget and other items of interest. The Council expressed no objection. 2. The City Manager stated that he planned to attend a Sale Tax Committee meeting in Sacramento on March 3 at the 87 request of the League of Cities. ®urea �g The meeting was adjourned at 9:10 P. M. Motion x Aye s x x x x x x Absent x Mayor ' ATTEST: C ty Clerk Page 213