HomeMy WebLinkAbout10/10/1966 - Regular MeetingCITY OF NEWPORT BEACH
Volume 20 - Page 97
Minutes of REGULAR MEETING OF THE CITY COUNCIL
Date of Meeting: October 10, 1966
Time of Meeting: 7:30 P. M.
Index Place of Meeting: Council Chambers
COUNCILMEN
s
v Y s
p P O
r
w u rf A F - °z
Roll Call:
Present
x
x
x
x
x
x
x'
The reading of the Minutes of the Regular Meeting of
September 26, 1966 was waived, and said Minutes were
Motion
x
approved as written and ordered filed.
Ayes
xxxxxx
x
HEARINGS:
Pub hrg
1. Mayor Gruber opened the public hearing regarding
g
re Haccc
the appeal of the Macco Realty Company from the
heliport
decision of the Planning Commission denying
helistop
application of The Irvine Company on behalf of
Macco Realty Company for Use Permit No. 1226 for
0 P.
a private heliport- helipad for landing and take -off
1226
of helicopters located approximately 800' from the
CA -15
prolongation of Westcliff Drive, on the east side of
CA -99
Dover Drive immediately across from the Macco
•
Company offices at 811 Dover Drive; said site and
landing pad being 125' x 125', located 35' from the
Dover Drive curb line, on portion of Lot 2, Tract
1125, 880 Dover Drive, Newport Beach.
The following communications were presented:
(a) A letter of appeal from the Macco Realty
Company dated September 20, 1966.
(b) The findings of the Planning Commission,
vicinity map and applicant's plot plan.
(c) A letter from the Woman's Civic League of
Newport Harbor requesting the City to uphold
the Planning Commission's ruling, and
suggesting that current ordinances should
include some guidelines and limitations as to
the proximity of such landing pads to R -1 and
R -2 zones.
(d) A copy of letter from Mr. and Mrs. Bill Matreyek
•
to the Chief of Air Traffic Branch, Los Angeles,
opposing proposed site of chopper landing pad
at 800 Dover Drive.
(e) A copy of letter from Peggy Lenney to the
Federal Aviation Agency opposing proposed
privately owned heliport on Dover Drive.
(f) A notice dated September 19 from the Federal
Aviation Agency regarding proposed Macco
helistop and stating that comments from the
public will be received until October 21, 1966.
yor
ATTEST:
�7\ /7ewnii `a.
Acting City Clerk Cl
Page 97
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Index
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Hrg re
3 -1189
=A -10
CITY OF NEWPORT BEACH
Volume 20 - Page 98
October 10, 1966
The Acting City Clerk stated that the following
communications had also been received, opposing
subject heliport:
(a) A letter from the Dover Village Corporation,
representing a sub - division of thirty -eight
homes in the Westcliff area.
(b) A letter from the Board of Governors of
Westcliff Villa, representing twenty -two families.
(c) Letters from Mr. and Mrs. Daniel Gilcrest,
John M. Owen, and Clinton Rygel.
Planning Director Ernest Mayer, Jr. and
John Parker, Executive Vice President and General
Manager of Macco Realty Company, spoke from the
audience. Edward Haworth, representing The Irvine
Company, spoke in favor of the proposed Macco
helistop. Planning Associate Charles Zimmerman
spoke. Lloyd Winburn stated that the Planning
Commission should study a plan for heliports and
have guide lines for unclassified property. The
following spoke in opposition to the proposed
heliport - helipad on Dover Drive: Jack Garnaus,
representing Mariner's Community Association and
Bay Area Citizens Council; Walter Wilson,
representing Newport Upper Bay Home Owners
Association; Fred Bice, representing Harbor View
Hills Community Association; J. H. Peterson;
Arthur Moyer; Jack Polley; Elmer Rothenburger;
John Corzine; J. D. Gardner, representing the
Bishop of Church of Jesus Christ of Latter Day
Saints. Planning Commissioner Curt Dosh spoke
from the audience.
The hearing was closed.
The findings of the Planning Commission were
sustained; and the City Clerk was directed to
transmit the Council's findings to the Federal
Aviation Agency.
2. Mayor Gruber opened the public hearing regarding
proposed Ordinance No. 1189, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH ESTABLISHING A SETBACK LINE
AND AMENDING DISTRICT MAP NO. 14,
Planning Commission Amendment No. 224 which
proposes to amend Districting Map No. 14 in order
to establish a zero setback on the alley side of,
ATTEST:
Acting City Clerk Page 98
yor
Motion
Ayes
Motion
Ayes
COUNCILMEN
Index
_0
n
\J
0 -1187
CA -49
•
0 -1188
CA -109
CA -63
CITY OF NEWPORT BEACH
Volume 20 - Page 99
October 10 1966
COUNCILMEN
s
r
Lots 3 through 14, inclusive, and Lots 15 through
r
Lots 3 through 14, inclusive, and Lots 15 through
26, inclusive, Block 7, Section 5, Balboa Island
Tract, between Abalone Avenue and Grand Canal, and
Balboa Avenue and Park Avenue, Balboa Island.
Planning Director Ernest Mayer, Jr. spoke from
the audience. No one else desired to be heard.
The hearing was closed.
Motion
x
Ayes
xxxxxxx
With the unanimous consent of the Council, Mayor
Gruber stated that the further reading of the
ordinance was waived.
Ordinance No. 1189 was adopted.
Motion
x
Roll Call:
Ayes
x
xxxx
xx
ORDINANCES FOR ADOPTION:
1. Ordinance No. 1187, being,
AN ORDINANCE OF THE CITY OF NEWPORT
i
BEACH ADDING SECTION 11.08.070 TO
CHAPTER.11.08 OF THE NEWPORT BEACH
MUNICIPAL CODE RELATING TO THE
REMOVAL OF BEACH SAND FROM PUBLIC
BEACHES,
was presented for second reading.
With the unanimous consent of the Council, Mayor
Gruber stated that the further reading of the
ordinance was waived.
Ordinance No. 1187 was adopted.
Motion
x
Roll Call:
Ayes
xxx
xxx
x
2. Ordinance No. 1188, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING SECTIONS 7.04.060 AND
7. 04. 070 OF CHAPTER 7.04 OF THE
NEWPORT BEACH MUNICIPAL CODE AND
ADDING SECTION 7.04.061 THERETO
RELATING TO DOG LICENSE TAXES AND
DOG VACCINATIONS,
was presented for second reading.
Mayor
ATTEST:
Acting City Cler page 99
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Index
0 -1190
CA -20
•
R -6451
CA -32
C -1073
gal Pen Pt
Assoc
beautifi-
0catia
CA -167
0
CITY OF NEWPORT BEACH
Volume 20 - Page 100
October 10, 1966
COUNCILMEN
A � P
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With the unanimous consent of the Council, Mayor
Gruber stated that the further reading of the
ordinance was waived.
Ordinance No. 1188 was adopted.
Motion
Roll Call:
Ayes
x
x
Noes
3. Ordinance No. 1190, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING SECTION 12.44.020 OF
THE NEWPORT BEACH MUNICIPAL CODE
RELATING TO PARKING METER ZONES,
was presented for second reading.
With the unanimous consent of the Council, Mayor
Gruber stated that the further reading of the
ordinance was waived.
Ordinance No. 1190 was adopted.
Motion
Roll Call:
Ayes
x
x
CONTINUED BUSINESS:
1. Resolution No. 6451, authorizing execution of an
agreement with Pacific View Memorial Park to
Motion:
provide City sewer service to land outside the City,
Roll Call:
was adopted.
Ayes
X
x
2. The beautification and improvement program
requested by the Balboa Peninsula Point Association
was considered.
The eight projects outlined in the Balboa Peninisula
Point Association beautification proposals,
involving $6,610.00, to be paid for from the fund
which has been held in trust by the City for such
Motion
x
activities, were approved.
Ayes
x
x
A letter addressed to the City Manager from the
Balboa Peninsula Point Association dated September 29
1966 stating that the expense for watering
maintenance for the new proposed planters at bay
street ends, ocean street ends, and N Street bay
beach would be paid for by the Association, was
turned over to the Clerk.
yor
ATTEST:
Acting City Clete
Page 100
x
x x x x x
x
xlxlx
x Ix
x
xl
Index
49
Water
Replac
Prog (
C-106',
CA -12
Water
facili
C -937
CA -12
r�
L.
Demol
aband
semag
treat
plant
C -106
CA -38
R -645
Gangi
Homes
'tech
adv c
Dr. D
CA -13
CATV
consu
Label
sultf
CA -17
CITY OF NEWPORT BEACH
Volume 20 - Page 101
__ t n t nGG
COUNCILMEN
- ., ., ...a . v , - \ t
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CURRENT BUSINESS.
Main
1. A memorandum was presented from the Public Works
:ement
Director dated October 10, 1966, regarding Water
6-67
Main Replacement Program of 1966 -67 (C- 1067).
The plans and specifications were approved, and the
Motion
x
City Clerk was authorized to advertise for bids to be
Ayes
X
X
X
X
X
X
X
opened at 10:30 A. M., November 1, 1966.
Contrc
12. A memorandum was presented from the Public Works
.ties
Director dated October 10, 1966, regarding plans
and specifications for the construction of the water
control facilities (C -937).
The plans and specifications were approved, and the
Motion
x
City Clerk was authorized to advertise for bids to
Ayes
X
X
X
X
X
X
X
be opened at 10. 30 A.M. , November 8, 1966.
Ltion
3. A memorandum was presented from the Public Works
)ned
Director dated October 10, 1966 regarding the
receipt of five bids by the City Clerk on October 3, 1966
°ent
in connection with demolition of the abandoned sewage
treatment plant (C- 1062).
CA -32
z
Resolution No. 6452, awarding contract for subject
Motion
x
Kilt
work to Gangi Bilt Homes at the contract price of
Roll Call:
$3, 496. 00, was adopted.
Ayes
X
X
X
X
X
X
X
Al
4. A report from the Committee for Appointment of
me
Commissioners regarding reappointment of a member
)dge
for the Technical Oil Advisory Committee was
presented.
i
The recommendation of the Committee was approved
Motion
and Dr. John F. Dodge was .-r,eapporirxte.d a:sx_agnember
Ayes
X
X
X
X
X
X
X
of the Technical Oil Advisory Committee for a four
year term from July 1, 1966 to June 30, 1970.
5. CATV proposals from the Community Cablevision
pant-
Company and Warner Bros. TV Services, Inc. were
L Con-
accepted for analysis, and Lebell Consulting
Motion
x
ig Rng
Engineers and Scientists was appointed as CATV
Ayes
X
X
X
X
X
X
X
Consultant.
Mayff
ATTEST: i
�' •tnrz , CC
Acting City Clq�ik
I
Page 101
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Index October 10, 1966
Sand
replenistiml
W.Npt Oceaa
Beach
C -1070
R -6/x53
C.E.Hurley
Cont.Corp
CA -49
•
Lic appl
CA -63
Balboa
Angling
Cltse
C-501
CA -3B
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CITY OF NEWPORT BEACH
Volume 20 - Page 102
COUNCILMEN
p Y U ?
N w ff
6. A memorandum was presented from the Public Works
Director dated October 10, 1966 regarding the
receipt of four bids by the City Clerk on October 10,
1966 in connection with sand replenishment of West
Newport ocean beach (C- 1070).
The Mayor was directed to write a letter to the
Motion
x
Board of Supervisors requesting the County agreement
Ayes
X
x
x
to include the current sand haul project as part of
Phase 2 of the Federal, State and local beach erosion
control project, and for eventual reimbursement to
the City of a major portion of the present cost.
Resolution No. 6453, awarding contract for subject
Motion
x
work to C. E. Hurley Contracting Corporation at the
Roll Call:
contract price of $51, 000. 00, was adopted
Ayes
x
x
x
APPLICATIONS FOR LICENSE:
1. The following applications for license were approved:
Motion
x
Ayes
x
x
x
(a) Exempt, Richard C. Fliss, Representative of
i
Field Enterprises, Chicago, Illinois, for door to
door solicitation of World Book.
(b) Milton J. Wershow, President of Milton J.
Wershow Company, 7213 Melrose Avenue,
Los Angeles, for auction to be held at 1:30 P. M. ,
October 22, 1966, at 1212 Santiago Drive,
Newport Beach, for real property.
COMMUNICATIONS - REFERRALS:
1. A letter from the Balboa Angling Club dated
September 22, 1966 requesting that the present lease
between the City of Newport Beach and the Balboa
Angling Club for its clubhouse, located at the front
of "A" Street, be extended for a 10 year term, was
presented.
Subject letter was referred to the staff for study and
Motion
x
report back at the next meeting with pertinent
Ayes
x
X
x
information.
or
ATTEST:
Ac if ng City 1G erk.1
Page 102
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Index
Clmdmgs
Sms & Comp
Burroughs
CA -169
•
Tang & Cont
Ins.
Phillips
Petroleum
Sign
CA -103
Or Co Reg
Plang Con,£
•
CA -66
•
CITY OF NEWPORT BEACH
Volume 20 - Page 103
October 10. 1966
COUNCILMEN
to O Y m O C a
N N f P 7• -� Z
2. The City Clerk's referral of the following claims for
damages to the insurance carrier was confirmed, and
Motion
x
Item (b) was denied:
Aye's
x
x
x
x
x
x
x
(a) Summons and complaint for damages for false
arrest and imprisonment, and abuses attendant
thereupon, and for damages for malicious abuse
of process, of Walter Burroughs, Plantiff vs.
Lonnie Dennis, City of Newport Beach,
W. J. Moseley, III, County of Orange, and
Does I through XX inclusive, Defendants,
Case No. 149301 in the Superior Court, -,
alleged to have occurred on or about November 14,
1965 when defendant allegedly was ordered and
forced by a Newport Beach policeman to stop
his vehicle on Irvine Avenue and was allegedly
restrained while the Officer sought to extract
a confession and admission of guilt from the
defendant without first advising him of his
constitutional rights to remain silent and to be
represented by counsel.
(b) Claim of Continental Insurance Companies for
damages to vehicle of their insured, Raymond
Tang, allegedly caused when struck by a car
belonging to the City of Newport Beach on
September 4, 1966.
3. A letter dated October 3, 1966 from Mrs. Mark
Mooney requesting investigation of a sign erected
by Phillips Petroleum Company at the intersection of
Balboa Drive and Balboa Island because of its
Motion
x
excessive height, was ordered filed.
Ayes
x
x
x
x
x
x
x
4. A letter from Orange Coast Junior College District
dated September 30, 1966 informing the Council of a
proposal to conduct a series of Orange County Regional
Planning Conferences for the purpose of bringing
together leaders in the County with planning
responsibilities for a series of sessions concerned
with County -wide problems, and requesting Council
endorsement of this project, was presented.
Subject project was endorsed, and the Mayor was
directed to send a report from the Council to
Motion
x
Dr. Watson.
Ayes
x
x
x
x
x
x
x
yor
ATTEST:
�gr� i7ttGOU��i
Acting City Clerk
Page 103
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Index
Budget
Amendments
CA -102
•
•
0 -1191
CA -182
•
CITY OF NEWPORT BEACH
Volume 20 - Page 104
October 10, 1966
COUNCILMEN.
s
x
BUDGET AMENDMENTS:
1. The following Budget Amendment was considered:
C -17, being a transfer of Budget Appropriations to
provide funds for hosting the Mayors and City
Managers Meeting of Orange County Coast
Cities; $150 from Unappropriated Contingency
Reserve to Budget Appropriation, Non- Depart-
mental, Travel and Meetings.
Councilman Cook spoke in opposition to the use
of tax monies for the purchase of alcoholic
beverages. He requested an opinion from the
legal staff. A discussion was had. Assistant
City Attorney George Roberts stated that there
was no legal reason why the City Council could
not adopt a policy permitting the reimbursement
for an incidental drink or two with a meal and it
was a matter within the complete discretion of
the Council.
Budget Amendment No. C -17 was approved.
Motion
x
Ayes
x.x
x
x
x
Noes
x
2. The following Budget Amendments were approved:
Motion
x
Ayes
Exxxxx
C -18, $56, 000, being an Inter -Fund loan from
Water Fund to General Fund for sand replenish-
ment in West Newport and an increase in Budget
Appropriations, General Fund, Land Improvement,
Sand Replenishment, West Newport.
C -19, $175, being a transfer from Unappropriated
Contingency Reserve to Budget Appropriation,
Planning, Travel and Meetings; for attendance
of two Planning Commissioners to the California
League of Cities Conference (October 16 -19)
in San Diego.
ADDITIONAL BUSINESS:
1. Proposed Ordinance No. 1191, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH ADDING SECTIONS 10.28.040,
10. 28. 050, AND 10. 28. 060 TO CHAPTER 10. 28
OF THE NEWPORT BEACH MUNICIPAL CODE
RELATING TO NOISE ARISING FROM
CONSTRUCTION ACTIVITIES,
was presented.
Ordinance No. 1191 was introduced and passed,to
Motion
X.
second reading on October 24, 19
Roll Call:
ATTEST:
Ayes
x
x
xxxx
rL 4'.a ..�.�._:.. Page 104
Acts ig City Clee c
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x
CA-
CA
CA
CA
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CA
CITY OF NEWPORT BEACH COUNCILMEN
Volume 20 - Page 105
q y C N
i-A— October 10. 1966
KF
49 316 E. Ocean Front, Balboa, stating they were against
the removal of any more sand from in front of their
residence on the beach, was referred to the staff for Motion x
reply. Ayes x x x x x x
4. A letter dated October 1, 1966 from the Balboa Island
Improvement Ass °n stating that its association
unanimously adopted a motion expressing thanks to
83 the City Council of Newport Beach for the services
rendered during the past year by the various City
Departments in controlling traffic, enforcing
ID conditions and clean -up efforts, and stating that
conditions were much improved on the Island this year,
and asking that its thanks be extended to the staff of Motion x
the City for a good job well done, was ordered filed. Ayes xxxxxx x
5. The following communications were ordered filed: Motion x
Ayes x xxx xx x
-69 (a) A notice dated September 26, 1966 from the
California Highway Commission of its meeting
to be held October 19, 1966, in Los Angeles.
Ma or
ATTEST:
6Z f4'C44_
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9�!
Acting City Clerk
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Page 105
2. A change in salary range for Principal Engineering M
Motion x
x
Aide from 3 5 . 5 ($636 -773) to 36. 0 ($651 -791) A
Ayes x
x x
x x
x x
x x
x x
x x
x
effective October 22, 1966 was approved.
3. The addition of one Senior Engineering Aide and the
deletion of one Engineering Aide in the Table of
X45 A
Authorization for the Administration and Engineering M
Motion x
x
Division of the Public Works Department was approved. A
Ayes x
x x
x x
x x
x x
x x
x x
x
4. The purchase of draperies for the Mariners Library
65 M
Multi- Purpose Room, in the amount of $440.81, was M
Motion x
x
approved. A
Ayes x
xxxxxx x
x
COMMUNICATION - ADVISORY:
1. Councilman Forgit made a motion to file the
communications 1 through 8, which motion was
withdrawn.
2. A letter dated October 4, 1966 from K. W. Smith
regarding sand replacement in West Newport Beach
-49 a
and suggesting that an assessment district be formed M
Motion x
x
to install groins in that area, was ordered filed. A
Ayes x
x x
xi x
x x
x x
x x
x x
x
3. A communication from Mr. and Mrs. K. D. Goen,
i
CA -6
CA -:
CA-
CA-
CA-
CA.
CITY OF NEWPORT BEACH COUNCILMEN
Volume 20 - Page 106
October 10, 1966
(b) A letter from Mayor Glenn Walters of the City of
Fullerton inviting the City Council to attend the
S
"Night in Fullerton" on October 14, 1966, an
evening of cultural programs at various locations
throughout their city.
(c) Notice from the Orange County Local Agency
08
Formation Commission of public hearings to be
held October 12 in connection with proposed
annexations:
Annexation to City of Costa Mesa designated
as Paulalino No. 12 Annexation, located
between Newport and Red Hill Avenues and
northeasterly of Palisades Road.
Annexation to Costa Mesa Park and Recreation
District designated as Paulalino No. 12 (same
location as above).
Annexation to Costa Mesa City Water District
designated as Annexation No. 25, located
southerly of Fisher Street and westerly of
Red Hill Road.
(d) A notice from the Regents of the University of
California of a symposium on Proposition 3:
i6
"Open Space Conservation" to be held at the
University of California, Santa Barbara, on
October 22, 1966.
6. A letter from Judge Bruce Sumner, Campaign Co-
Chairman, requesting Council to appove a resolution
56
supporting Proposition 1 -A, was presented.
It was moved that the Council go on record in support
of Proposition 1 -A, and the City Clerk was directed to
Motion
x
deliver evidence of this support to the Californians
Ayes
x
x
x
x
x
..x
for Yes on 1 -A.
Abstaining
x
7. Copies of Agenda.- of Board of Supervisors meetings
53
held September 27 and October 4, 1966 were ordered
Motion
x
filed.
Ayes
x
x
x
x
x
x
x
Vice -Mayor Marshall requested permission to be absent
91
from the State and Country from October 20, 1966 to
November 13, 1966.
The request of Vice Mayor Marshall was granted.
Motion
x
Ayes
xxxxxxx
Mayor Gruber stated that the regularly scheduled Study
Session for October 17, 1966 would not be held.
The meeting was adjourned at 10: 12 P
Motion
x
.
Ayes
x
xx
xxxx
ATTEST:
kd Page 106 Mayor
Acting City Clerk