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Home My WebLink About06/27/1966 - Regular MeetingIndex Mrs re Asaeaamt Dist 49 CA-28 • CITY OF NEWPORT BEACH Volume 19 - Page 346 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: June 27, 1966 Time of Meeting: 7:30 P.M. Dl,..e .,F A.foe *;.�..• ilnnnril C'.hamharc COUNCILMEN Roll Call: Present x x x x x x x The reading of the Minutes of the Regular Meeting of June 13 and of the Regular Adjourned Meetings of June 14 and 15, 1966, was waived, and said Minutes were approved Motion x as written and ordered filed. Ayes x x x x x x x HEARINGS: 1. Mayor Gruber opened the public hearing in connection with Assessment District No. 49 and announced that this was the time and place fixed pursuant to statute and notice given for the hearing in the matter of the assessment for the work and improvement consisting of the construction of street lighting improvements and appurtenant work in Assessment District No. 49 (West Newport), as contemplated by Resolution of Intention No. 6213, adopted by the City Council on the 13th day of September, 1965. The Deputy City Clerk reported that Affidavits of the mailing, posting and publication of the Notice of i Filing Assessment were on file in the office of the City Clerk. Mayor Gruber inquired of the Deputy Clerk if any written protests or objections had been filed with the City Clerk in said matter. She reported that five written protests had been filed with the Clerk prior to the time set for the hearing by the following: H. F. Whitley, 104 Walnut, Lido Park; Dr. and Mrs. Robert Campbell, 5012 Seashore Drive; L. L. Hastings, 116 41st Street; Albert & Roberta Andrews and Walter and Florence Scott, owners of Lot 3, Block 48; Jeffrey Millet, 4605 Seashore. Attorney Jack Rimel read the written protests. Said protests were ordered filed. Motion x Ayes xxxxx xx The Mayor asked if there were any interested persons present who desired to be heard in the above mentioned matter. Jeffrey Millett and F. L. Van Linden spoke from the audience and stated that they had not received a previous notice of the assessment district until they received the Notice of Filing Assessment. Attorney Myo ATTEST: y/!] , AAA i/{ /3ib/.O'Q Deputy 'City CYeerky _ { Page 346 Index • R-6384 .0 CITY OF NEWPORT BEACH Volume 19 - Page 347 T11nP 27 1QAA COUNCILMEN s p N T � m m (A Y C � � , N Z Rimel stated that this hearing was being held for the purpose of determining whether or not the method used by the spreader was a fair and equitable way of spreading the assessment. Don Simpson, Engineer of Work, explained the method of determining assessmen . All persons interested having been given full opportunity to show cause why said assessment should not be confirmed and all objections presented having been heard and fully considered, all objections, appeals, and protests, both oral and written, were Motion x overruled and denied. Ayes x x x x x x x Don Simpson spoke regarding modifications of certain descriptions and changes in assessment that had been made. Resolution No. 6384 was presented, and with the unanimous consent of the Council, Mayor Gruber stated that the further reading of the Resolution was waived. Resolution No. 6384, correcting and modifying the i assessment and diagram made and filed by the Superintendent of Streets of said City on the 18th day of May, 1966, to cover the sums due for the work and improvement consisting of the construction of street lighting improvements and appurtenances and appurtenant work in "Assessment District No. 49," as contemplated by Resolution of Intention No. 6213 of said City, and ordering and directing the Superin- tendent of Streets to amend and modify the said Motion x assessment and diagram on the face thereof in Roll Call: accordance herewith, was adopted. Ayes x x x x x x x The City Council being satisfied with the correctness of the assessment and diagram, as corrected and modified by its instructions, confirmed and approved Motion x said assessment and diagram, as corrected and Ayes x x x x x x x modified, together with the proceedings, and directed the Superintendent of Streets to forthwith attach a warrant to said assessment bearing the date of this order of the City Council. or ATTEST: 1AAAH. //�OASi�lll Depu yity le Page 347 Index - 0 -1167 hrg CA-10 • Budget h$@ CA-101 • CITY OF NEWPORT BEACH Volume 19 - Page 348 Tune 27. 1966 COUNCILMEN s A O 2. Mayor Gruber opened the public hearing regarding proposed Ordinance No. 1167, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTIONS 9103.497 THROUGH 9103.499.4 TO THE NEWPORT BEACH MUNICIPAL CODE TO PROVIDE FOR AN ADMINISTRATIVE AND PROFESSIONAL ZONING DISTRICT, Planning Commission Amendment No. 219, establishing, an Administrative and Professional (A -P) Zone. The City Attorney stated that after the ordinance was introduced on June 13, 1966, the wording in the title had been changed to add "Sections 9103.497 through 9103.499.4" instead of adding "Chapter 20.19 to Title 20." No one desired to speak from the audience. The hearing was closed. Motion x Ayes xxx xxx With the unanimous consent of the Council, Mayor Gruber stated that the further reading of the Ordinance was waived. Ordinance No. 1167 was adopted. Motion x Roll Call: Ayes xx xxx xx 3. Mayor Gruber opened the continued public hearing in connection with the Preliminary Annual Budget for the Fiscal Year 1966 -67. Mayor Gruber inquired if anyone desired to be heard in this matter. No one desired to speak from the audience. Councilman Marshall moved to close the hearing, which motion was withdrawn. The appropriation for the sewer program this year Motion x was increased to $150, 000. Ayes x x x x x x x The action to appropriate $150, 000 for the sewer Motion x program this year was rescinded. Ayes XXXXXXX The amount of $140, 000 was budgeted for the sewer Motion x program in the 1966 -67 fiscal year. Ayes x x x x x x x The hearing was closed. Motion x Ayes X xxx X �t Ma ATTEST:- Deputy City Clerk U — Page 348 i CITY OF NEWPORT BEACH Volume 19 - Page 349 Index June 27, 1966 -- 8 °6385 Resolution No. 6385, being a Resolution of the City Council of the City of Newport Beach adopting the Budget for the 1966 -67 Fiscal Year, indicating Capital Improvements aggregating $1, 935, 640, the operating budget expenditures $6, 004, 095, and the total approves budget $7, 939, 735, was adopted. ORDINANCES FOR INTRODUCTION: 0 -1169 1 1. Proposed Ordinance No. 1169, being, C °107 AN ORDINANCE OF THE CITY OF NEWPCR T BEACH ADDING CHAPTER 8.5 TO ARTICLE VI OF THE NEWPORT BEACH MUNICIPAL CODE, IMPOSING A CIGARETTE TAX AND PROVIDING • FOR COLLECTION THEREOF, was presented. Ordinance No. 1169 was introduced and passed to second reading on July 11, 1966. CONTINUED BUSINESS: R -6386 Resolution No. 6386, authorizing the execution of an 0 =1057 agreement with Ira N. Frisbee & Co. for auditing CA°112 services for the fiscal year 1966 -67, was adopted. CURRENT BUSINESS: Jnaboreee k 1. A memorandum was presented from the Public Works P0��osr Director dated June 27, 1966 regarding improvement Rd of Jamboree Road from Pacific Coast Highway to 0 °1027 Ford Road (C -975). The plans and specifications for subject work were approved. The City Clerk was authorized to advertise for bids to be opened at 10:00 A. M. on July 19, 1966. 8 °6387 Resolution No. 6387, authorizing the execution of a 0 °1048 joint powers agreement with County Sanitation M -29 District No. 5, was adopted. CA-32 Maybtl ATTESTT::/ /� Deputy_ aty Clerly Page 349 COUNCILMEN Motion x Roll Call: Ayes xxx x Motion Roll Call: Aye s WAW- x Motion Roll Call: Ayes x x x x x x Ik. .@ Ayes lxlxlxlx I ZT) CQTO •, Ayes xIx x Motion Roll Call: Ayes x x x Index R -6388 a -6389 CA-107 L agcll Adv. c -1050 0A -168 0 R -6390 Rnaggm CATV CA -179 0 R -6391 19alboe tarps Lot ffe CA-21 C� CITY OF NEWPORT BEACH Volume 19 - Page 350 T..e.. 7' 1041, COUNCILMEN Z. Resolution No. 6388, accepting an Easement Agree- Motion x ment from the Island Investment Co., was adopted. Roll Call: Ayes xxx xx xx 3. Resolution No. 6389, authorizing examination of Motion x sales and use tax accounts, was adopted. Roll Call: Ayes xxx xxx x 4. During the afternoon Study Session, the Deputy City Clerk received two bids for the contract for publi- cation of legal notices and other matter from The Orange Coast Daily Pilot and The Newport Harbor Ensign. The bids were opened and read by the Clerk and the matter was to be brought back to the Council at the evening meeting after study by the staff. A Comparative Study of Official Publication Bids for Legal Notices 1966 -67 was presented from the staff with copies of the above mentioned bids. A discussion was had. Acting Planning Director Charles Zimmerman spoke from the audience. Jack Curley, business manager of the Pilot, and Arvo Haapa, editor and publisher of the Ensign, spoke from the audience and discussed the merits of their respective bids. Resolution No. 6390, awarding a contract to the Motion x Newport Harbor Ensign for the publication of legal Roll Call: notices and other matter and designating an official Ayes x x x x x newspaper for publication of notices, was adopted. Noes x x 5. A memorandum was presented from the City Manager' office dated June 27, 1966 regarding CATV franchise applications from Warner Brothers TV Services, Inc. and Community Cablevision (Irvine) Company. Resolution No. 6391, declaring intention to grant two non - exclusive, city -wide franchises for the operation of community antenna television systems with the Motion x City, and setting the public hearing for July 11, 1966 Roll Call: at 7:30 P. M. , was adopted. Ayes x x x x x x x 6. A resolution amending Resolution No. 5796 which provided for parking passes and established fees for cs the use of the Balboa parking lot, was deferred until July 11, 1966, and the City Manager was authorized to Motion x raise, on a temporary basis, the parking fee for Ayes x x x x x x x subject lot on Saturdays, Sundays and. holidays to 50� per hour, with a maximum charge of $1. 00 per day, effective immediately. t0rayor ATTEST: Deputy City Cler� — Page 350. i Index Zari¢ners Library Addu C -1022 WW R -6392 Roy Coll Inc. St. Lights 0 Balboa glv 23 - 32 St G -1020 CA-28 8-6393 A.E.C. ]Los Angeles C1at sr Colmtxncts CA -12 8-6394 micolai & ChrQst 0o Sarm Diot 8-6396 Stnnd Oil R-6397 Humble Oil 8-6398 G.S.Ka J-6399 'SC WSW 0 CITY OF NEWPORT BEACH Volume 19 - Page 351 June 27, 1966 7. A memorandum was presented from the Public Works Director dated June 27, 1966 regarding the receipt of seven bids by the Deputy City Clerk on June 20, 1966 for the general construction of addition to Mariners Library (C- 1022). Resolution No. 6392, awarding a contract for subject work to Roy Collins, Inc. at the contract price of $37, 082, was adopted. The base bid, plus the separate bid items Nos. 3, 4, 5 and 6, was approved, and the installation of an outdoor clock, if private parties pay for the entire cost, was approved. 8. A memorandum was presented from Public Works Director dated June 27 regarding the receipt of five bids by the Deputy City Clerk on June 20, 1966 for the construction of street lights on Balboa Boulevard from 23d Street to 32d Street (C- 1020). Resolution No. 6393, awarding contract for subject work to A. E. C. Los Angeles at the contract price of $11, 711.25, was adopted. 9. Water Contracts: Resolutions of the City Council of the City of Newport Beach were adopted authorizing the execution of contracts to serve water outside the City as follows: (a) Resolution No. 6394, contract with Nicolai & Christ. (b) Resolution No. 6395, contract with Orange Sanitation District. (c) Resolution No. 6396, contract with Standard Oil Company of California. (d) Resolution No. 6397, contract with Humble Oil and Refining Company. (e) Resolution No. 6398, contract with G. E. Kadane & Sons. (f) Resolution No. 6399, contract with Pacific View Memorial Park. yor ATTEST: Deputy _City Clerk Page 351 COUNCILMEN Motion x Roll Call: Ayes x x x x Motion x Ayes x x x x x Motion Roll Call: Aye s Motion Roll Call: Aye s Ix Ix M4 x x x x x x x x Index 0 Sd & Cccaa Appt s CA-135 R-6400 C =990 CA-79 Pope curb cut -16¢h & Ulboa CA-30 Is Llfag rc 3ery CA-61 R -6401 C -1059 Mrbor Dist a -6402 C -1060 Or Co. fin aid 5allisbur: curb cut CA-30 • a CITY OF NEWPORT BEACH COUNCILMEN Volume 19 - Page 352 O A O T,,,.o 27 1QAA 10. The matter of Board and Commission appointments Motion x was diaried for July 11, 1966. Ayes x x x x x x x 11. Resolution No. 6400, extending the service agreement Motion x with Integrated Data Corporation, was adopted. Roll Call: Ayes xxxxxxx 12. A memorandum was presented from the Public Works Director dated June 27, 1966 regarding request of Edker Pope for curb cut permit at 26th Street and Balboa Boulevard. Subject curb cut was granted on the basis of the Public Motion x Works Director's recommendation that the curb cut Ayes x x x x x x x not encroach beyond the B. C. of a 15 -foot :radius curb return. 13. A memorandum was presented from the City Attorney dated June 24, 1966 regarding reimbursement agree- ments for lifeguard services furnished by the City. Resolution No. 6401, authorizing the execution of an agreement with the Orange County Harbor District for Motion x the provision of lifeguard service by the City for Roll Call: beaches in unincorporated territory, was adopted. Ayes x x x x x x x Resolution No. 6402, requesting financial aid from the County of Orange to pay for lifeguard service on City Motion x beaches and authorizing the execution of an agreement Roll Call: therefor, was adopted. Ayes x x x x x x x 14. A memorandum was presented from the Public Works Director dated June 27, 1966 regarding request of Chester F. Salisbury, owner, for curb cut permit to construct modified commercial driveway at 315 Marine Avenue. Ralph Allan, 115 Coral Avenue, Balboa Island, a director of the Balboa Island Improvement Association spoke from the audience opposing subject curb cut. Chester Salisbury spoke from the audience. Council- man Cook read a letter addressed to the Council and to the attention of Councilman Cook from Clarence Boardman, 303 Marine Avenue, Balboa Island, in favor of curb cut. A discussion was had. ATTEST y : Deputy City er Page 352 CITY OF NEWPORT BEACH COUNCILMEN Volume 19 - Page 353 s p O in m O Y d O p fa Index June 27, 1966 p 2 r m o c o Cc ps R- CA R- CA R- C- CA Co cc CA AC me In Hill Rai CA Councilman Cook made a motion to approve the recommendation of the City Attorney that a temporary driveway be granted and instruct the City Manager to give an appropriate document to Mr. Salisbury, which motion was withdrawn. In lieu of acting on subject curb cut application, a temporary ramp, to be operated as it has been operated for the past three years, was approved Motion x subject to details being worked out by the City Managei Ayes x x x x x x x and the Police Department. sip pla 2 15. A compensation plan and key personnel list were toy presented from the City Manager's office. rs 5403 Resolution No. 6403, adopting a Municipal Employee Motion x Compensation Plan for 1966 -67, was adopted. Roll Call: Ayes xxxx xx x 5404 Resolution No. 6404, designating key personnel Motion x -46 positions, was adopted. Roll Call: Ayes xxx xxx x 5405 16. Resolution No. 6405, extending the agreement with Motion x 986 the Newport Harbor Lawn Bowling Association, was Roll Call: -49 adopted. Ayes x x x x x x x tax 17. Councilman Cook discussed County tax collection blecgu procedures as relating to tax penalty funds. -107 The matter was referred to the staff for report. Motion x Ayes xx x xxxx Zaa 18. A memorandum was presented from the City Manager a� regarding an amendment to the Aetna group health insurance policy. The City Manager was authorized to execute an Motion x -68 amendment to the group health insurance policy Ayes x x x x x x x No. 46443 with Aetna Life Insurance Company, reducing the premium rate and coverage insofar as there is a duplication with the Federal Medicare Program. 5406 19. Resolution No. 6406, approving a Notice of Vacation of Addition of Territory in connection with Tract Motion x -23 No. 5877 and authorizing its execution on behalf of Roll Call: the City, was adopted. Ayes x x x x x x x ayor ATTEST: Deputy -City Clerk�� Page 353 Index • 13 =6407 Q-23 II,fc mppfl Ca -63 r�L R'Ssb L?esM CA-130 • pfree extins. ECmv, ltnu NOICIMOT [�ldfcl CITY OF NEWPORT BEACH Volume 19 - Page 354 COUNCILMEN 20. Resolution No. 6407, authorizing the execution of Covenants, Conditions and Restrictions being Motion x imposed upon Tracts 5877 and 6227 and rescinding Roll Call: Resolution No. 6380, was adopted. Ayes x x x x x x x LICENSES: 1. Application for license by Jay Millick, owner of Jay's Live Bait, 310 Fernando, Balboa, for live bait boat, was presented. Nick Stigail spoke from the audience and stated the business involved the buying of bait and selling it outside the jetty. A discussion was had. Subject application for license was approved. Motion x Ayes x x x x x x x APPLICATION FOR HARBOR PERMIT: 1. A memorandum was presented from the Public Works Director dated June 27, 1966 regarding the application of Gerald Herdan and Claude Healy for Harbor Permit No. 1473 to construct a pier, ramp and float bayward of Lot 1 and the westerly 5 feet of Lot 2, subdivision of Block C, Newport Bay Tract (200 Edgewater Avenue, Balboa). Claude Healy spoke from the audience. The Deputy City Clerk read part of subject memorandum re- garding the Public Works Director's recommendation for denial. The recommendations of the Public Works Director Motion x were concurred in.and subject application was denied. Ayes x x x x x Noes x x COMMUNICATIONS - REFERRALS: 1. A letter dated June 10, 1966 from C. K. Hanna, Kau Kau Korner Drive -In, Corona del Mar, regarding the requirement for installation of fire extinguisher systems in certain types of business and asking for relief, was presented. Ma ATTEST: pucy city ui-erx w page 354 CITY OF NEWPORT BEACH Volume 19 - 355 Index June 27, 1966 COUNCILMEN The City Manager reported that Mr. Hanna had also written on the same date to Fire Marshall Noller who had informed Mr. Hanna he could operate through the summer but before carrying on business in the fall, he would have to conform. The action of the staff was confirmed to allow Mr. Motion x Hanna to go through to fall, at which time he would Ayes X X X X X X x have to conform. zgl eets 2. A letter to Councilman Cook dated June 21, 1966 from Igns Robert DeRuff, 546 S. Bay Front, Balboa Island, stating that the inclusion of rental signs in the �L=103 banning of realtors' signs from residential property Motion x is working a hardship on him,- was ordered filed. Ayes X X X X X X X • BUDGET AMENDMENTS: udgeg C -87, being a transfer of Budget Appropriations for - -d2 representation by the Attorney General's office in connection with antitrust action with pipe suppliers (City's A -102 portion $200); $200 from Unappropriated Contingency Reserve to City Attorney, Professional Services- Other; Motion x was approved. Ayes X X X X X X X ADDITIONAL BUSINESS: wy 1. At the afternoon Study Session, Councilman Parsons presented an interim report from the Freeway Committee in which it was stated that after some preliminary research and examination of freeway matters to this date, it appeared advisable, in order to discuss freeway matters at all levels, that the • City staff should have access to all available freeway information for study by the Committee. The City staff was authorized to contact and work Motion x with the staff of District Seven to obtain all necessary Ayes X X X X X X X and available material on the entire adopted freeway route through the City of Newport Beach. Ma ATTEST: reputy -akty -Uleijk Page 355. 1 . Index M -69 0A -21 • CA-54 CA-69 CA -91 CA -53 • CA-55 CA=tab 40 CITY OF NEWPORT BEACH Volume 19 - Page 356 Time 27_ 1966 COUNCILMEN O 7 p Z C A y r m .n N f A COMMUNICATIONS - ADVISORY: 1. The following communications were ordered filed: Motion x Ayes X xxx (a) A letter dated June 14, 1966 from State of Cali- fornia Division of Highways advising that the California Highway Commission had adopted a resolution on May 18, 1966 abandoning a portion of State highway 07- Ora -1 -17. 1 within the City of Newport Beach, between Ramona Drive and Patolita Drive. (b) A telegram dated June 20, 1966 from the Patrick O'Conner family, 6704 West Ocean Front, urging a 'no' vote on proposed beach parking lot for West Newport because it is a non - conforming use. (c) A letter from Frank G. Michelena, Campaign Manager, thanking the Council for its assistance in the Flood Control Bond Campaign. (d) A letter dated June 14, 1966 from Mrs. Rudy Gibbs, 500 Narcissus, Corona del Mar, stating that "The wishes and demands of the property owners of Newport Beach, including Corona del Mar, remain that the Coast Freeway be placed inland, away from coast property." (e) A notice that there will be no Knott's Press Preview on June 22 of Independence Hall because it will not be completed until just before the July 4th dedication. (f) Agenda for Board of Supervisors meetings held June 14, 15, 21 and 22, 1966. (g) League of California Cities: (1) A brochure on 68th Annual Conference in San Diego, October 16 -19, 1966, urging advance registration, (2) A Legislative Bulletin dated June 9, 1966. (h) A letter dated June 17, 1966 from Marshall L. Keeler regarding the firing of lifeguard Pat Glasgow, or ATTEST: ��pp _,gnin_ Deputy City w- rk Page 356 i X X CITY OF NEWPORT BEACH COUNCILMEN Volume 19 - Page 357 a A y A c s Z Index June 27, 1966 (i) A letter dated June 14, 1966 from A. S. Koch, Orange County Road Commissioner & County -108 Surveyor, transmitting a map of proposed annexation to Orange County Street Lighting Maintenance District No. 10, Tract No. 6190 ( Tentative). Councilman Shelton requested permission to be absent =91 from the State and from the meeting of July 11, 1966. Councilman Forgit requested permission to be absent -91 from the meeting of July 11, 1966. The requests of Councilmen Shelton and Forgit were Motion x granted. Ayes x x x x x x x . The meeting was adjourned at 10:25 P. M. Motion x Ayes x xxx xxx pftyor ATTEST: Deputy,City Clerk- . -- Page 357 . i