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HomeMy WebLinkAbout11/13/1967 - Regular MeetingIndex• _S Minute Resolutioz Badewitz CA 83 Pub. hrg Var. No. 912 Pope 0 CA 13 _01 CITY OF NEWPORT BEACH Volume 21 - Page 113 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: November 13, 1967 Time of Meeting: 7:30 P. M. Place of Meeting: Council Chambers COUNCILMEN D N N r A Roll Call: Present x x x x x The reading of the Minutes of the Regular Meeting of October 23, 1967 was waived and said Minutes were Motion x approved as written and ordered filed. Ayes x x x x x Vice Mayor Marshall read in full a resolution of com- mendation for heroic action by Mr. Ernest Badewitz on the evening of September 23 when he pulled the driver out of a burning car. Minute Resolution, recognizing and commending Mr. Ernest Badewitz for risking his life to save the life of Motion x another human being, was adopted. Ayes x x x x x As Mr. Badewitz had not yet arrived, Mayor Gruber stated that the Council wished to publicly recognize at this time Mr. Badewitz's act of bravery and presentation of the resolution would be given later. HEARINGS: 1. Mayor Gruber opened the public hearing regarding the appeal of Edker Pope from the decision of the Planning Commission denying Variance No. 912 to permit a single family dwelling in the R- 1 District to encroach into the required front and side yard setbacks: (1) easterly side yard on Way Lane to be 6 inches instead of required 4 feet; (2) westerly side yard to be 3 feet instead of required 4 feet; (3) that the front setback be no closer than the front setback on Lot 3 or 5 feet, whichever is less; on Lots 1 and 2, Block C -33, Corona del Mar Tract, commonly known as 2728 Rock Street, China Cove, Corona del Mar. An appeal letter dated October 26, 1967 from Edker Pope was presented with the findings of the Planning Commission. Planning Director Ernest Mayer, Jr. reported on the findings of the Planning Commission. Mr. Edker Pope spoke from the audience. Mr. William F. Price, attorney representing the MacDonalds who are adjacent property owners, spoke from the audience and protested the variance. oV Mayor ATTEST: City Clerk Page 113 Ix Index • Pub. hrg • 0 -1234 amending Dist. Map No. 12 CA 10 • 0 CITY OF NEWPORT BEACH Volume 21 - Page 114 nr_..,._... �..,... 12 1 ot,� COUNCILMEN `� x X x x x x x x x The hearing was closed. Motion Ayes x x x x The findings of the Planning Commission were over- Motion ruled, and Variance No. 912 was granted subject to Ayes x x x x the four conditions recommended by the Planning.Com- mission and the two additional conditions that (a) the applicant enter into a suitable legal stipulation or agreement with the City settling the boundary in accordance with the boundary as shown on the original tract map; and (b) a walkway be constructed to specifi- cations satisfactory to the Public Works Department in Way Lane from the end of the improvement to the foot of the stairway. 2. Mayor Gruber opened the public hearing in connection with Ordinance No. 1234, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY, ESTABLISHING SETBACK LINES, AND AMENDING DISTRICT MAP NO. 12, Planning Commission Amendment No. 234. Appli- cation filed by Russell Harriman requesting a change of zone from R -3 to R -2 and R- 1 for the purpose of constructing duplexes and dwellings on Tract 6466, located at the southeasterly corner of "F" Street and Balboa Boulevard. A letter dated November 8, 1967 from William J. Frost, Vice President of Raub, Bein, Frost & Associ- ates, requesting continuance of matter to November 27, was presented. The public hearing in connection with Ordinance No. 1234 was continued to 7:30 P. M. on November 27, Motion x 1967. Ayes x x x x With Council approval, Mayor Gruber asked Mr. Ernest Badewitz who had entered the Council Chambers to come forward. The Mayor extended the Council's congratulation and presented a resolution of recognition and commendation to Mr. Badewitz. Mayor ATTEST: City Clerk Page 114 x X x x x x x x x Index • 0 -1236 Amending Dist. Map No. 50 CA 10 0 -1237 Property transfer tax CA 107 01238 Food vending CA 63 CITY OF NEWPORT BEACH Volume 21 - Page 115 November 13, 1967 ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1236, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 50, Planning Commission Amendment No. 231, rezoning Tract No. 6385 located south of San Joaquin Hills Road between Crown Drive North and future Mac- Arthur Boulevard from a C -N -H and R -3 -B District to an R- 1 -13 District and ordering the amendment of District Map No. 50, was presented with the findings of the Planning Commission. Ordinance No. 1236 was introduced and set for public hearing on November 27, 1967. 2. Proposed Ordinance No. 1237, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 3.22 TO THE NEWPORT BEACH MUNICIPAL CODE IMPOSING A REAL PROPERTY TRANSFER TAX ON THE SALE OF REAL PROPERTY, was presented with a memorandum from the City Attorney and a letter from the County Recorder, both dated November 8, 1967. Ordinance No. 1237 was introduced and passed to second reading on November 27, 1967. 3. Proposed Ordinance No. 1238, being, AN ORDINANCE OF THE CITY OF NEWPORT - BEACH AMENDING SECTION 5. 04. 350 OF THE NEWPORT BEACH MUNICIPAL CODE'RELATING TO THE SALE OF FOOD PRODUCTS ON PUBLIC STREETS, prohibiting the sale of beverages and food intended for immediate consumption on public streets in certain areas of the City, was presented. ATTEST: City Clerk Mayor Page 115 COUNCILMEN Motion x Roll Call: Ayes xx xxx xx Motion x Roll Call: Ayes xx xxx xx CITY OF NEWPORT BEACH Volume 21 - Page 116 Index November 13, 1967 The City Clerk stated that also received that day were letters from the West Newport Improvement Associ- ation and from Central Newport Beach Association supporting in full the proposed ordinance. Councilman Forgit made a motion to introduce Ordinance No. 1238 and pass to second reading on November 27, 1967. Mr. Kenneth Smith, an ice cream vendor, spoke from the audience opposing the proposed ordinance. Mrs. Neta Cadenhead spoke from the audience in favor of the ordinance. A vote was taken on Councilman Forgit's motion, • and Ordinance No. 1238 was introduced and passed to second reading on November 27, 1967. CONTINUED BUSINESS: Warner Bro .1. A memorandum was presented from the City Manager CATV dated November 10, 1967 regarding Warner Bros. franchise CATV franchise area. C -1102 The matter of the Warner Bros. TV Services, Inc. CATV franchise was diaried for the meeting of January 8, 1968, and the City Manager was authorized CA 179 to enter into an agreement with the City's auditing firm to ascertain the financial capability of Pacific Cable Services, Inc. with respect to providing CATV services as specified under the existing Warner Bros. franchise. t2. A memorandum from the City Attorney dated Novembe: 6, 1967 regarding investigation of the installation of a Woody's float at Woody's Wharf prior to the issuance of a Wharf permit was ordered filed. float CA 130 3. A memorandum from the Planning Director dated Beacon November 13, 1967 regarding the findings of the Bay street Planning Commission in connection with the matter name chang of a requested street name change in Beacon Bay was presented with a letter dated November 2, 1967 from ATTEST: city Clerk VA t Page 116 COUNCILMEN Motion Roll Call: Ayes xxx xxx x Motion Ayes Motion Ayes xxx xi CITY OF NEWPORT BEACH Volume 21 - Page 117 Index November 13, 1967 the Board of Directors of the Beacon Bay Community Association submitting background information for its request for subject street name change. Councilman Cook made a motion to adopt Resolution No. 6664 changing street names in Beacon Bay, and then amended the motion to change Rudder Road only to Beacon Bay and all other street names to remain the same. R-6664 Resolution No. 6664, changing the name of Rudder CA 27 Road to Beacon Bay, was adopted. Str name 4. A resolution changing the name of portions of Oxford chng a Lane and Cambridge Lane to Somerset Lane was Oxford & presented. cambridge .lanes Mrs. Leonard Hylton, 1012 Cambridge Lane, spoke to Somerset Li. from the audience objecting to subject name change. Planning Director Ernest Mayer, Jr. reported on the findings of the Planning Commission. Mr. W. W. Colley, 1008 Oxford, spoke from the audience opposing the name change. Mr. Robert Rosenast spoke in favor of the approved name change. R -6665 Resolution No. 6665, changing the names of portions CA of Oxford Lane and Cambridge Lane to Somerset 27 Lane, was adopted. 5. A memorandum was presented from the Public Works iDepartment dated November 13, 1967 regarding re- quest by Mr. Wallace A. Smith to construct a 19' - Smith wide curb cut at 1523 West Balboa Boulevard. curb cut CA 30 Mr. Wallace A. Smith's request for curb cut at 1523 West Balboa Boulevard was denied. 6. A memorandum was presented from the Public Works Director dated November 13, 1967 regarding request Mayor ATTEST: City Clerk C� Page 117 Motion Roll Call Ayes Motion Roll Call Ayes Noes Motion Aye's COUNCILMEN X X x Index Alley vacation McCleeary CA 14 Repaving alleys - Balboa %sl byFm Cryst Park, & E. Bay Front i CA 29 CA 127 CA 90 R- 6666 Beach Ero: CA49 CA 70 Policy . statement re Record- ing study sessions. CA 90 CA 89 • CITY OF NEWPORT BEACH Volume 21 - Page 118 November 13. 1967 COUNCILMEN of Robert McCleeary to vacate the 10 foot wide alley located in the 1700 block of West Balboa Boulevard: eq The request to vacate the alley in the 1700 block of West Balboa Boulevard was approved, subject to the Motion X conditions recommended by the Public Works Depart- Ayes x x X ment. 7. A memorandum was presented from the Public Works Director dated November 13, 1967 regarding request of Lester R. Kelly and other property owners for 1 advancement of priority of reconstruction of the alleys on Balboa Island between Crystal Avenue, Park Avenue and East Bay Front. The advancement of the reconstruction of subject alleys to the current fiscal year, provided the adjoining property owners deposit 50% ($4, 100) of the estimated cost of the work, was authorized with the Motion understanding that the work not be authorized until Ayes x x x deposit has been received. It was the consensus of the Council that the staff come back with a policy statement to the effect that when property owners pay 50% of the cost of repaving of alleys, priority for early reconstruction will be given. 8. Resolution.No. 6666, requesting the U. S. Corps of Engineers, the County of Orange and the Orange County Harbor District to make available surplus sand resulting from the dredging of the Newport Bay for Motion X use in replenishing public beaches in the City, was Roll Call: adopted. Ayes x x X Mayor Gruber was directed to send letters to the Motion x U. S:_,Coxps of Engineers and to the C ouiaty. of _ Ayes x x x Orange indicating the City's desire for this particular lower bay dredging project to move ahead. 9. The Policy Statement relative to recording Council Study Sessions in full was amended by Councilman Cook to have the retention period for one year, and amended by Councilman Shelton. that transcriptions, ayor ATTEST: a g City Clerk Page 118 K IX XIX AK4 X XI xI Index Policy statement re traffic island beautifi- cation CA 90 CA 59 • CITY OF NEWPORT BEACH Volume 21 - Page 119 November 13, 1967 of the records when requested, other than by the City Council, would be made by the City Clerk's office when so ordered by the City Council. Policy Statement regarding the recording of Council Study Sessions, as amended, was adopted. 10. A proposed Policy Statement relative to landscaping and lighting of traffic islands'.in.commercial areas was presented. Parks, Beaches and Recreation Director Cal Stewart presented a staff report. Policy Statement relative to traffic island beautifi­ cation in established commercial areas was approved: Route 1 11. An oral progress report was given by Public Works freeway Director Joseph Devlin regarding the Route 1 agreement Freeway Agreement with the State. CA 128 CA 69 CURRENT BUSINESS: R -6667 1. Resolution No. 6667, a Resolution of Intention of the CA 28 City Council of the City of Newport Beach declaring Intention its intention to order an improvement consisting of. - order addn the installation of additional street lights and ap- .. str lights purtenances in Assessment District No. 50 (Balboa (Assessmnt Island Street: Lighting District) and setting the time Dist. 50) and place for hearing thereon to be on the 11th day of (Balboa December, 1967 at the hour of 7:30 P.M. , was Island Ste adopted. Ling �i Dis) 2. A memorandum was presented from the Planning Director dated November 13, 1967 regarding the Street naming findings of the Planning Commission in connection Tract 1011 with the designation of the name of Balboa Coves -for Balboa the street in Tract No. 1011 (Balboa Coves). Coves R -6668 Resolution No. 6668, designating a name for the CA 27 street in Tract No. 1011 (Balboa Coves), was CA 23 adopted. ayor ATTEST: 49 4 City Clerk • Page 119 Motion Ayes Abstain Motion Ayes . Motion Roll Call Ayes Motion Roll Call Ayes COUNCILMEN X X M xixi X X NC ax P( R- U LJ P3 H: R• [9 L+ ci CA A 5, P: V C a -I CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 120 o • 3. A memorandum was presented from the Public Works prkg Department dated November 13, 1967 regarding ea H parking prohibition on the southerly side of Pacific Coast Highway beginning at the westerly city limit and extending easterly to a point 300 feet easterly of 60th Street. Resolution No. 6669, establishing a no- parking area Motion x 6669 on a portion of Pacific Coast Highway, was adopted. Roll Call: 22 Ayes xxxx xxx miting 4. A memorandum was presented from the Public Works kg on Department dated November 13, 1967 regarding 2- .ven Place hour parking on both sides of Haven Place from St. Andrews Road to Irvine Avenue from 8:00 A. M. to 4:00 P.M. on school days. • Traffic Engineer Robert Jaffe presented a staff report. 6670 Resolution No. 6670, limiting the parking of vehicles Motion x on Haven Place from St. Andrews Road to Irvine Roll Call: i 22 Avenue, was adopted. Ayes xxxx x x x msdale 5. A memorandum was presented from the Public Works irb cut Department dated.November 13, 1967 regarding 30 request of Phil Lansdale to construct a 35 -foot wide curb cut on "A" Street for 815 East Bay Avenue. The request of Mr. Phil Lansdale for a curb cut on Motion x "A" Street was approved. Ayes x x x x x x x :ceptance 6. A memorandum was presented from the Public Works :al Coat Director dated.November 13, 1967 regarding .*oc acceptance of Seal Coating Program, Fiscal Year 31 1966 -67 (C- 1118). 1118 Subject work was accepted, and the City Clerk was Motion x s 29 authorized to file a Notice of Completion and to Ayes xxxx x x x release the bonds 35 days after Notice of Completion has been filed. ayor ATTEST: City Clerk • Page 120 i Index Acceptance Sand Reple 14. Npt Bch C -1142 C-1142#2 CA 4.9 (Beach Ero Movable Office Bld City Hall C -1120 CA 88 Re- allocat funds Police Dept. CA 39 Resub 242 0 CA 129 CITY OF NEWPORT BEACH Volume 21 - Page 121 Nna�cmhnv 1 �t 1Q('7 COUNCILMEN s a v � A G c� P r A 7. A memorandum was presented from the Public Works Director dated November 13, 1967 regarding sand replenishment of West Newport ocean beach (C -1142 and supplemental contract authorized by R- 6638). Subject work was accepted, and the City Clerk was Motion x authorized to file a Notice of Completion and to Ayes X X X X X X X release the bonds 35 days after Notice of Completion has been filed. 8. A memorandum was presented from the Public Works Director dated November 13, 1967 regarding architectural services for temporary office building behind City Hall (C- 1120). The matter was diaried for the meeting of November Motion x 27, 1967 and staff was directed to develop more Ayes X X X X X X X detailed information. 9. A memorandum was presented from the City Manager dated November 10, 1967 recommending reallocation of funds for electronic equipment in Police Depart- ment. The reallocation of funds as recommended, was Motion x approved. Ayes X X X X X X X 10. A memorandum was presented from the Planning Director dated November 13, 1967 regarding the findings of the Planning Commission in connection with Resubdivision No. 242, creating a site for a proposed service station (Mobil Oil Corporation) at 1000 E. Coast Highway. Planning Director Ernest Mayer, Jr. presented the findings of the Planning Commission. Resubdivision No. 242, as restated by Councilman Shelton, was approved subject to the conditions Motion x recommended by the Planning Commission. Ayes X X X X X X x Mayor ATTEST: City Clerk Page 121 Index Resub 244 CA 129 Use Permit No. 1054 -H • Holstein & Sons Tr 6467 Tr 6468 CA 15 CA 23 Final Map Tract 6467 CA 23 i Tent Tract Map Tr 6468 November 13, 1967 11. f I f c F I E c RECI The ( 12. 1 I f I x i 13. 1 I f t 1 I 14. 1 I f I 1 c c CA 23 x ATT] s CITY OF NEWPORT BEACH Volume 21 - Page 122 COUNCILMEN s 0 Y X X F. X memorandum was presented from the Planning )irector dated November 13, 1967 regarding the indings of the Planning Commission in connection_ iith Resubdivision No. 244, creating a site for a roposed service station (Shell Oil Company) at 990 ,ast Coast Highway. ;esubdivision No. 244 was approved, subject to the Motion x onditions recommended by the Planning Commission. Ayes x x x x x :SS for ten minutes was declared by Mayor Gruber. ,ouncil reconvened with all members present. i memorandum was presented from the Planning )irector dated November 13, 1967 regarding the indings of the Planning Commission in connection with Use Permit 1054 -(H), George M. Holstein & ;ons, requesting approval of a Planned Residential )evelopment consisting of 38 residential lots and 1 ;reen area lot located in The Bluffs, being a eversion to acreage of 3. 68 acres of Tract 5798. Ise Permit 1054 -(H) was approved, subject to Motion x onditions recommended by the Planning Commission. Ayes x x x x x k memorandum was presented from the Planning )irector dated November 13, 1967 regarding the indings of the Planning Commission in connection with the Final Map of Tract 6467, being a reversion o acreage of 3.68 acres of Tract 5798 (The Bluffs) ocated west of Eastbluff Drive between Vista del Sol nd Vista del Oro. 'he Final Map of Tract 6467 was approved, subject to Motion x ecommendations of the Planning Commission. Ayes x x x x x i memorandum was presented from the Planning )irector dated November 13, 1967 regarding the indings of the Planning Commission in connection zith the Tentative Map of Tract 6468, being a roposed subdivision of 3. 68 acres divided into 38 ots and 1 green area lot (The Bluffs), located west ,f Eastbluff Drive between Vista del Sol and Vista lel Oro. .'he Tentative Map. of Tract 6468 was approved, Motion x ubject to recommendations of the Planning Com- Ayes x x x x x nission. Mayor P,ST: c City Clerk Cl Page 122 X X F. X Index Final Map Tract 5394 CA 23 Exp acct Marshall CA 91 • Exp. acct City Atty CA 94 Reclassif positions Pub. Works Dept. CA 127 u CA 45 is CITY OF NEWPORT BEACH Volume 21 - Page 123 November 13, 1967 15. A memorandum was presented from the Planning Director dated November 13, 1967 regarding the findings of the Planning Commission in connection with the Tentative and Final-Maps of Tract 5394, being a portion of Lot L, Tract 919 located at 3121 West Coast Highway (The Towers - Statutory Condo- m inium) . The Final Map of Tract 5394 was approved, subject to recommendations of the Planning Commission. 16. The expense account of Vice Mayor Marshall for attendance at the League of California Cities Annual Conference in San Francisco from October 15 to October 18, 1967, was approved. 17. A memorandum was presented from the City Attorney dated November 3, 1967 requesting reimbursement for expenses incurred as a member of a joint com- mittee of City Attorneys and County Counsels appointed by the League of California Cities for the purpose of drafting model ordinances at a meeting held in San Francisco prior to the League Conference. Reimbursement to the City Attorney for subject expenses was approved. 18. A memorandum was presented from the City Manager dated November 10, 1967 regarding reclassification of two positions in the Public Works Department. The following reclassifications were approved (a) The now - vacant Senior Engineering Aide position (Salary Range 35. 5 $636 -773) down to Engineering Aide (Salary Range 32. 5 $549 -667). (b) Typist Clerk II position (Salary Range 25 $381- 463) up to Steno Clerk I (Salary Range 27 $420- 510). ATTEST: Page 123 COUNCILMEN Motion Ayes x x Motion Ayes Motion Ayes Motion Ayes M xlxlxlxlx xlxlxlxlxlx XI x xlxlxl Index - Lic. Appl. CA 130 Hanson Harbor Permit app' A -1506 • CA 130 CA 28 Traffic sign CA 19 CITY OF NEWPORT BEACH Volume 21 - Page 124 Nnvom hPr 13- I(N,7 COUNCILMEN 3 p y m A G li P f A APPLICATION FOR LICENSE: 1. The following application for license was approved: Motion x Ayes x x x xxx x Philip W. Hanson, owner of Phil Hanson & Associ- ates, 407 -1/2 West 17th Street, Santa Ana, for 1 -day auction on November 19, 1967 at 2:00 P.M., real estate at 3519 East Coast Highway, Corona del Mar; auction to be for real estate only. APPLICATION FOR HARBOR PERMIT: 1. A memorandum was presented from the Public Works Director dated November 13, 1967 regarding Harbor Permit Application No. A- 1506 of The Irvine Company to construct a storm drain dispersion structure at the outlet of the El Paseo Drive storm drain. Harbor Permit Application No. A- 1506 was approved Motion x subject to the prior approval of the Joint Harbor Com- Ayes X X X X X X X mittee; and the application fee of $75 was waived because the structure is a part of City owned storm drain. COMMUNICATIONS - REFERRALS: 1. A letter dated November 7, 1967 from Jessie G. Pedley, 203 Onyx Avenue, Balboa Island, requesting consideration of installation of lights at her end of Motion x the alley was referred to staff for reply. Ayes xxx xxx x 2. A letter dated November 8, 1967 from S. M. Kollus of Cameo Highlands requesting removal of the "Signal Ahead" sign on Coast Highway and stating that it obstructs the view of the ocean and has been a hindrance in selling his house was presented. Councilman Parsons made a motion to refer subject Motion x letter to staff, and the staff to contact the State to see if there is a possibility of moving the sign 100 feet to the east, and also to ask The Irvine Company to join in subject request. ayor ATTEST: —>6,4 A4 I-erk 0 � City C errk (J I Page 124 I Index November 13, 1967 Alley pavi request CA 29 McFadden prkg lot CA 29 CA* Balboa Coi traffic CA 114 Prkg prob] CA 22 Request store canoe • CA 159 (street ends) • CITY OF NEWPORT BEACH Volume 21 - Page 125 COUNCILMEN 'ay c 1, c Mr. Vose spoke from the audience in favor of re- location of the sign. A vote was taken on Councilman Parsons' motion, Ayes x x x which motion carried. g3. A petition signed by 15 citizens purporting to live or work on property adjacent to the City alley running parallel to Balboa Boulevard east and west between 15th Street and the City Trailer Park on the west end, protesting the condition of the alley and asking that it Motion x be paved immediately, was referred to staff for report. Ayes x x x 1.4. A letter dated November 1, 1967 from W. Stuart Foote complaining of the condition of the McFadden Place Square parking lot and asking that the situation Motion be corrected, was referred to the staff for reply. Ayes x x x s5. A letter dated October 30, 1967 from Ernest G. W. Silcock of Balboa Coves stating that he has found egress and ingress to the Coves to be extremely dangerous, due primarily to the high speed traffic flow on Highway No. 1 which fronts said property and asking serious and immediate consideration of this Motion problem, was referred to the staff. Ayes x x x 6. A letter dated October 20, 1967 from Charles R. Gangi regarding parking problem at property he recently purchased at 211 and 213 62nd Street was Motion referred to the staff for reply. Ayes x x x 7. A letter dated November 7, 1967 from Harry Hill as representative of the Balboa Outrigger Canoe Club asking permission to store and launch a forty foot outrigger canoe at the 19th Street bay was presented. Mr. Harry Hill spoke from the audience. Mr. Sam Downing spoke from the audience opposing the 19th Street bay as a launching area. The staff was directed to contact the Sea Scout Base Motion x to see if. it was possible to arrange storage and Ayes x x x launching at their facilities for the above - mentioned canoe, and to consider temporary storage at 19th Street until a permanent storage and launching area could be found. Mayor ATTEST: City Clerk Page 125 X X x A% x x x x x x x x x x x x x X x x x 0 CITY OF NEWPORT BEACH Volume 21 - Page 126 Index November 13, 1967 Clms for 8. The City Clerk's referral of the following matters to dmgs. CA 84 the insurance carrier was confirmed: Npt -Mesa (a) Claim of Newport -Mesa Unified School District Unif. Schoo for damage to a gasoline pump allegedly caused Dist. when struck by a truck belonging to the City. (b) Summons and Complaint far. Personal Injuries Hayes (Dangerous Condition of Sidewalk) (Gov. Code #835), Superior Court Case No. 156176, Virginia Hayes, Plaintiff, vs. City of Newport Beach, _ Does One through Five, inclusive, Defendants. (c) Claim of Arthur Kramer for damages to his car Kramer when it was involved in an accident with a City street sweeper. • 9. A letter dated November 9, 1967 from Paul Emerson Marina° with proposal to construct a Marina development in Development Newport Harbor was presented. proposal CA 70 Councilman Shelton made a motion to refer the CA 60 proposal to the staff for study and report. Paul Emerson spoke from the audience. Councilman Parsons made a substitute motion to refer the matter to the Joint Harbor Committee, which motion carried. Harbor View 10. A letter from Mrs. Warren P. Waters, First Vice PFO President, Harbor View Parent - Faculty Organization, protesting Council approval of new tracts in view of school shortages, was presented. • Mrs. Warren Waters, Mrs. Elaine Lynam, James CA 33 Porth, Charles Golden and Mrs. Gordon Dale spoke CA 37 from the audience in agreement with Mrs. Waters' letter. Subject letter was ordered filed. ATTEST: City Clerk • ayor Page 126 Motion Ayes COUNCILMEN Ixlx Ixlx Motion x Ayes xx X Noes 1I Motion Ayes ©©©Wasa xl CITY OF NEWPORT BEACH Volume 21 - Page 127 Index November 13, 1967 Request 11. A letter from William M. Harris dated November 10, . str light- 1967 requesting street lighting and removal of ing in eucalyptus trees along Irvine Boulevard in Baycrest Baycrest area and Harbor Highlands area and a petition bearing CA gB eighteen signatures, endorsing Mr. Harris' proposal, were referred to staff for study and report. Mr. William Harris spoke from the audience. CA 149 12. Letters from the following protesting the Planning (pinball) Commission approval of application of Nick Ursini CA 37 for the operation of a billiard parlor and pin ball games in the Ocean Front Hotel, 2306 Ocean Front: Al Jasper Mrs. Minnie Hale, D. Jeff Ruether, Richard D. Jones, Floyd and Grace Hemstreet; were referred to the City Manager. • ADDITIONAL BUSINESS: Business 1. The application of Walter Gollahan, Manager, Balboa Lic. Appl Pavilion Company, 400 Main Street, Balboa, for a business license for an admission -fee dance hall was Gollahan presented. CA 63 Mr. Walter Gollahan spoke from the audience. The application was approved subject to the following conditions: (1) no one under 21 years of age permitted on the premises, (2) entertainment limited to orchestra and vocalist, (3) no dancing school or instructions permitted with this license, (4) City to regulate exhibition dancing or use of dance hostesses, and (5) City to regulate the use of psychedelic or special lighting effects. 2. Councilman Parsons made a motion to defer the Arinc matter of executing an agreement with Arinc Research Research Corporation in connection with an electronic police Corp. protection system for 30 days and to instruct the staff to meet with a federal funds administrator to see if funds are available, which motion failed. Electrons Police Chief Glavas spoke. A discussion was had.; Police Protectiot Councilman Forgit made a motion to authorize the System Mayor and the City Clerk to execute an agreement CA 39 C ='�-✓- i Mayor ATTEST: -. City Clerk Page 127 Motion Aye s Motion Aye s Motion Ayes Motion Ayes Noes Motion COUNCILMEN x x 0 xixix X x M X Ix CITY OF NEWPORT BEACH Volume 21 - Page 128 Index November 13, 1967 with Arinc Research Corporation to prepare and submit an application under the Law Enforcement Systems Grant for the purpose of developing an electronic TV police protection system under the sponsorship of the City of Newport Beach, and to be developed and tested in the City of Newport Beach; agreement for the preparation of the application to involve a payment by the City to Arinc of $3, 500. Mr. William Hanna of the Arinc Research Corporation spoke from the audience. A vote was taken on Councilman Forgit's motion, which motion carried. CA 127 3. The staff was directed to take cognizance of the CA 39 Municipal Code Section 20. 08. 130 covering height CA4§ limits of fences, walls and plantings; and the Public Works Director, Chief of Police, and Parks, Beaches and Recreation Director were directed to assign, in the enforcement of this law, the highest priority to those cases currently constituting a hazard to those users of the City street system. Budget I BUDGET AMENDMENTS: 1. The following Budget Amendments were approved C -32, $6400 transfer of Budget Appropriations for CA 102 salary survey approved by City Council at meeting of October 23, 1967 from Unappropriated Contingency Reserve to Nondepartmental, Professional Services. C -33, $550 transfer of Budget Appropriations for part• time services of a student for plan filing in the Building Department to Building, Seasonal and Part- Time. C -35, $515. 94 increase in Budget Appropriations for purchase of radio receiver ($215) and tape recorder ($250) in 1967 -68 budget and a $50. 86 increase in Unappropriated Contingency Reserve. Extra 2. The matter of extra architectural services in con - architect nection with temporary office building involving services Budget Amendment C -34 was diaried for the meeting Movable of November 27, 1967. (See Item 8 on Page 121. ) Office Bldg - City Hall / /C ►� c-112o CA 88 r Mayor CA 102 ATTEST: • City Clerk Page 128 COUNCILMEN Ayes x Noes x Motion Ayes x x Motion Ayes x A X x x x X x x x xl x Index • Ltr re pier rentals CA4J F_ -I LJ CA 39 • CITY OF NEWPORT BEACH Volume 21 - Page 129 November 13, 1967 3, The following Budget Amendment was approved: C -36, $3, 500 transfer of Budget Appropriations for consulting services to develop a Law Enforcement Systems Act grant request for a television surveillance for law enforcement from Police Overtime to Police, Services -Prof. and Tech. COMMUNICATIONS - ADVISORY: 1. The following communications were ordered filed (a) Harbor Matters: (1) A letter dated October 30, 1967 from Bill S. Pigg protesting the prohibition of slip rentals and stating that he has given his tenant, Mr. Herman Fink, notice to move. (2) A letter dated October 30, 1967 from Herman Fink protesting the restriction against renting a pier and stating that there are no commercial docks available in the Newport. area. (3) A letter dated October 24, 1967 from Mrs, A. K. Child stating she is in favor of boat _ owners renting piers from property owners. (4) A letter dated October 24, 1967 from Robert DeRuff addressed to Councilman Cook stating he prefers the old system of investigating complaints regarding pier violations rather than policing. (5) A letter dated November 7, 1967 from Gloria Gartz stating that if there is going to be regulations regarding pier rentals, enforce them. (b) A letter dated October 20, 1967 from Mrs. Ernes' McClellan stating ''we have a very efficient and cooperative police department ... we do not want federal aid of any kind to our local police depart - m e nt'.' . ATTEST: a--44X City Clerk Cj Page 129 yor COUNCILMEN P q r p P i A �y Motion Ayes x Noes X Motion Ayes X X x x X X IXIXIXIXIXIXIX Index • Ltrs Beach Eros CA 49 • Ocean Road CA 49 CA 83 CA 39 CA 107 CA 66 CITY OF NEWPORT BEACH Volume 21 - Page 130 T,T . -..- I, e, 1 2 1 Q A 7 COUNCILMEN z '0 Y p Y .Pn A (c) Sand Replenishment Project: (1) A letter dated November 1, 1967 from the Central Newport Beach Community Associ- ation regarding its resolution reaffirming policy against any further removal of sand from the beach area between the Balboa and Newport Piers and recommending that the sand for the replacement of the eroded West Newport Beach area proposed by the U.S. Corps of Engineers be obtained by dredging from the bay. (2) A letter dated November 7, 1967 from Mrs. Maria G. Goen opposing any more removal of sand from the Balboa Beach, especially in front of her house. (d) A letter dated November 1, 1967 from the Central Newport Beach Community Association thanking Council for the positive action taken in stating its opposition to a road on the ocean front. (e) A letter dated October 31, 1967 from the City Manager of the City of Imperial Beach expressing appreciation for the hospitality shown to officials of Imperial Beach by the City Manager, Public Works Director and Planning Director during a recent visit to Newport Beach while touring several water- oriented residential developments in Southern California. (f) A letter dated November 2, 1967 from the State Department of Corrections complimenting New- port Beach city administrators and Chief Glavas on conditions in the jail as shown on the Orange County Department of Public Health's Report covering the inspection of the Newport Beach City Jail. (g) Letters to the City Clerk regarding Resolution No. 6656 in connection with sharing federal tax revenues from Senator Thomas H. Kuchel, Senator George Murphy, Congressman James B. Utt, Congressman Richard T. Hanna. Mayor ATTEST: s City Clerk Page 130 i Index • CA 33 CA 107 CA 64 CA 49 11 CA 36 CA 53 CA 179 CA 49 0 Moden Annex No. 59 CA 108 CA 64 • CITY OF NEWPORT BEACH Volume 21 - Page 131 Nnvam har 14. 1Qh7 COUNCILMEN oy Np 'gym A O (h) Copy of a letter from the Orange Coast Civic Association to the School Board of the Newport - Mesa Unified School District in connection with land tax and bond issues. (i) Copy of a letter from Department of Transpor_ tation, Federal Aviation Administration, to Air California, Inc. objecting to construction of a metallic structure on the Orange County Airport and stating that the private use of the property by Air California is an ineligible use of land obtained . under the Federal Aid to Airports Program. (j) Fall Bulletin of the California Roadside Council regarding highway beautification and congratu- lating Newport Beach on its landscaping project on Highway 101 east of the'Santa Ana River. (k) Notice of hearing to be held November 20, 1967 before the Public Utilities Commission in the matter of the application of The Gray Line Tours Company for authority to increase rates for passenger fares for its services covered by local passenger tariffs. (1) Copies of agenda of the Orange County Board of Supervisors meetings held October 24, 30 and November 7, 1967. (m) October issue of Orange County Press Club Reporter. (n) A letter dated November 7, 1967 from Congress= man Richard T. Hanna to Mayor Gruber stating his interest in the Newport Beach sand erosion problem. (o) Minutes of the Local Agency Formation Com- mission meeting held October 11, 1967 and the proposed Annexation No. 59 (Moden) to the City of Newport Beach was approved subject to recom- mended conditions. (p) Notice of proposal before Federal Aviation Ad- ministration for a Fountain Valley airport to be Mayor ATTEST: City Clerk Page 131 Index • GA 55 C� C CITY OF. NEWPORT BEACH Volume 21 - Page 132 Nnvember 13. 1967 COUNCILMEN a y C O p = C n p T X for public use, serving Fountain Valley, southwest area of Santa Ana, Costa Mesa, Huntington Beach and Newport Beach. (q) Digest of 1967 Legislation Affecting Cities dated November, 1967 from the League of California Cities. Mayor Gruber stated that the regularly scheduled Study Session for November 20, 1967 would not be held. The meeting was adjourned at 12: 10 A.M. Motion Ayes xx xx Mayor ATTEST: City Clerr Page 132 i X