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HomeMy WebLinkAbout01/23/1967 - Regular MeetingCITY OF NEWPORT BEACH Volume 20 - Page 180 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: January 23, 1967 Time of Meeting: 7:30 P.M. Index Place of Meeting: Council Chambers 0-1202 CA-10 01203 CA -10 Roll Call: Mayor Gruber welcomed eight students from the social studies class of Lincoln Junior High School who were in the audience. The reading of the Minutes of the Regular Meeting of January 9 and the Adjourned Regular Meeting of January 14, 1967 was waived, and said Minutes were approved as written and ordered filed. ORDINANCES FOR INTRODUCTION: 1.. Proposed Ordinance No. 1202, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTIONS 20. 02.,135 AND 20. 02. 235 TO CHAPTER 20.02 OF TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE AND ADDING CHAPTER 20.53 TO TITLE 20 OF SAID CODE RELATING TO DRIVE IN AND OUTDOOR RESTAURANTS, was presented with a letter dated January 10, 1967 from Trippet, Yoakum & Ballantyne Law Firm, representing Jack -In- The -Box, Inc. Ordinance No. 1202, as amended to add Section 20. 53.150 to Chapter 20. 53, was introduced and passed to second reading on February 14, 1967. 2. Proposed Ordinance No. 1203, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 26, Planning Commission Amendment No. 228, which proposes to amend District Map No. 26 in order to rezone a portion of property located on the northwest corner of Dover Drive and 16th Street and a portion of property located on the southwest corner of Dover Drive and 16th Street from an unclassified to an A -P -H District (Administrative - Professional), was presented with the findings of the Planning Com= mission dated January 23, 1967. ATTEST: Page 180 r Present Motion Ayes COUNCILMEN X X Motion x Roll Call: Ayes x x x x ix X CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 181 s oy mA \Ski Index T.,, n ,, R4 1Qf.7 0-1204 -0 CA -135 Prop ord re water rates & charges _• CA -12 U Planning Director Ernest Mayer, Jr. reported on the findings of the Planning Commission. Councilman Marshall made a motion to introduce Motion x Ordinance No. 1203 and set for public hearing on February 14, 1967. Attorney Gordon Richmond, representing the Stanley property, spoke from the audience. A vote was taken on Councilman Marshall's motion, and Ordinance No. 1203 was introduced and set for Roll Call: public hearing on February 14, 1967. Ayes X X X X X X 3. Proposed Ordinance No. 1204, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING SECTION 15.16. 040 AND AMENDING SECTIONS 15.16. 050 AND 15.16. 060 OF TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE TO ABOLISH THE BOARD OF ADJUSTMENTS AND TO TURN THEIR FUNCTIONS OVER TO THE PLANNING COMMISSION, I was presented with a memorandum from the City Attorney dated January 19, 1967. Ordinance No. 1204 was introduced and passed to Motion second reading on February 14, 1967. Roll Call: Ayes xxxxxx 4. A proposed ordinance, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 14.12. 040, 14.12. 150, 14.12.170, 14.12. 190 AND 14.12. 200 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO WATER RATES AND CHARGES, proposing certain changes in deposits and connection charges, was presented with a memorandum from the City Attorney dated January 20, 1967. A discussion was had. Subject ordinance was diaried for February 14, 1967. Motion Ayes X X X X X X ayor ATTEST: ag�� a k City Clerk Page 181 I CITY OF NEWPORT BEACH Volume 20 - Page 182 Index January 23 1967 COUNCILMEN s 'E Y 41 p Y N A X �s - -� ORDINANCES FOR ADOPTION: 0 -1201 1. Ordinance No. 1201, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.44. 040 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO PARKING METER FEES, relating to parking meters on portions of Via Malaga CA-20 and Via Oporto in Zone Five, 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. 1201 was adopted. Motion so Roll Call: Aye s x x x x x CONTINUED BUSINESS: Oro Co, 1. A progress report from the City Manager dated airport January 20, 1967 on the study of Orange County problems Airport noise and flight pattern problems was Motion x CA -64 ordered filed. Ayes x x x x x CounCil° 2• A progress report dated January 23, 1967 from the manic Councilmanic Redistricting Committee was con - redistri t- sidered. ing C -1098 The employment of a consultant for the redistricting Cad -165 study was authorized, and the expenditure of up to Motion x $250 to retain the services of same was authorized. Ayes x x x x x CURRENT BUSINESS: 1. A memorandum was presented from the City Manager City fire dated January 23, 1967 regarding the City's fire insuranC insurance carrier. The recommendation of the City Manager was Motion x CA-68 approved and authorization was given for the firm Ayes x x x x x M yor ATTEST: City Clerk Page 182 I X CITY OF NEWPORT BEACH Volume 20 - Page 183 Index January 23, 1967 w of MacKay and Dicks to be named as the local Steel broker of record on the City's fire insurance policy bldg at and for the policy to be transferred from Los Angeles Corp yard to Newport Beach for servicing. 0-1068 2. A memorandum was presented from the Public _ Works Director dated January 23, 1967 regarding the receipt of six bids by the City Clerk on January 12, 1967 in connection with the construction of a steel building addition and paving at the City Corporation Yard (C- 1068). R -6507 Resolution No. 6507, awarding contract for subject C.S.Boyd work to C. S. Boyd Co., General Contractors at Company the contract price of $14, 278, was adopted. CA -183 3. A letter dated January 18, 1967 from the Parks, No Beaches and Recreation Commission regarding a Req for new site for lawn bowling and other senior citizen lawn activities, and enclosing its resolution recommending bowling that the City Council seek a new site for the purpose greens of building lawn bowling facilities and that monies to build two new greens be incorporated in the CA -49 1967 -68 budget, was presented with a letter dated January 20, 1967 from the Newport Harbor Lawn Bowling Club giving details of the operation of its club and the reasons for its petition. Councilman Rogers made a motion to refer the matter to the City Manager for study including possible location for new bowling greens in com- bination with a senior citizen recreational site. Angus Potter spoke from the audience. _® I Councilman Cook requested that a date be set for the report to be brought back to Council. A vote was taken on Councilman Roger's amended motion to have the staff bring back a report on February 27, 1967. Ma or ATTEST: A ` City Clerk�� — Page 183 Motion Roll Cal. Ayes Motion Ayes COUNCILMEN X xx xx X X X CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 184 v y c m NO yAw o P• Index January 23, 1967 n N ff P c Imp Jamb Rd =P to Ford C-10 Chg CA -2 R -65 L.La Cty CA -9 Pop St C C -10 CA -9 • R -65 Tel C -10 John CA -1 Mayo exp CA -9 Lic • Cl U X X x X 4. A memorandum was presented from the Public ores Works Director dated January 23, 1967 regarding Cpl improvement of Jamboree Road from Pacific Coast Highway to Ford Road (C- 1027), Change Order No. S. Rd 27 Change Order No. 8 of Contract No. 1027, in the Motion x orde r amount of $1,178. 34, was approved. Ayes x x x x x 9 08 5. Resolution No. 6508, appointing Laura Lagios as City Motion x gios Clerk and fixing her salary at $750 per month, was Roll Call: Clk adopted. Ayes x x x x x: 3 6. A memorandum was presented from the City Manager est alif dated January 20, 1967 regarding population estimate 99 by the State Department of Finance. S The City Manager was authorized to enter into a Motion x contract with the State for a population estimate. All x x x x X: 09 7. Resolution No. 6509, approving the agreement with Motion C OM John Q. Upton for telephone communications Roll Call: 97 consulting services, was adopted. Ayes x x x x x 3 Upton 79 8. The expense account of Mayor Gruber for attendance at the monthly meeting of the California Highway r °S Commission and conference with Highway Division aeo 3 engineers in Sacramento on January 18, 1967 was Motion x approved. Ayes x x x x x> app). APPLICATIONS FOR LICENSE: 1. The following application for license was approved: Motion x Ayes x xxx Philip W. Hanson, owner of Phil Hanson & Associates, auctioneers, 2305 East Coast Highway, for one -day auction in building behind Snack Shop at 3446 East Coast Highway, Corona del Mar, to sell commissary and restaurant equipment for Far West Services, January 25, 1967. yor ATTEST: City Clerk Page 184 U X X x X Ha Fe CA A- Ne .y -4 Ho Vi Da CA CA IF' L CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 185 s q 9 Index January 23, 1967 N w r A F W APPLICATIONS FOR HARBOR PERMIT: rb 1. A. memorandum was presented from the Public Works rM Director dated January 23, 1967 regarding Harbor Permit Application No. 276 -R of Jack Nelson, to °130 enlarge existing pier, remove and construct new building on pier for Shell Marine Service Station, 276 °R bayward of Lot 4, Block 7, Section 1, Balboa Island (406 South Bay Front). Jack Raub, engineer for Mr. Nelson of the Shell Marine Service Station, and Jack Nelson spoke from lson the audience. A discussion was had. The staff was directed to make a study of the Motion x commercial uses of City tidelands, to make Ayes x x x x recommendations as to whether fees should be charged for commercial uses on public domain, and to report back on February 27, .1967. Harbor Permit Application No. 276 -R was referred Motion x to the Planning Commission. Ayes x x x x The motion to refer subject application to the Motion Planning Commission was rescinded. Ayes x x x Noes x Harbor Permit Application No. 276 -R was diaried Motion for February 27, 1967. Ayes x x x x COMMUNICATIONS - REFERRALS: 1. A letter dated January 13, 1967 from S . J. Dorst, Chairman of the Home Visit Committee, stating that the Church Councils of Orange County had joined together to sponsor the Home Visit Program ne in cities throughout Orange County and requesting sit the Council to adopt a resolution similar to last y year's resolution of the Board of Supervisors which expressed concern with the establishment of good -35 -176 relations among people of various racial, ethnic, and national origins, and designated a Home Visit Motion Day in Orange County, was ordered filed. Ayes x x x x ayor ATTEST: City Clerk Page 185 Ix x x CITY OF NEWPORT BEACH Volume 20 - Page 186 Index January 23, 1967 2. A legislative bulletin dated January 12, 1967 from Legis- the League of California Cities regarding 1967 lation Sessions - Inaugural Message - Municipal Issues, affectg stating that the League had opened its legislative cities. office in Sacramento and that during the Session, legislative bulletins will be sent to each city CA -66 whenever necessary to advise city officials of CA -55 committee hearings or pending legislation and to keep city officials fully informed on legislative activities affecting cities, and requesting that where a particular city official has been designated as the one responsible for keeping other city officials informed of state legislation that the League office be advised of the person so designated, was presented. The City Clerk was authorized to request the League of California Cities to send legislative bulletins to the City Clerk's office for immediate distribution to the members of the Pending Legislation Committee. CIMS for 3. The City Clerk's referral of the following claims for dings damages to the insurance carrier was confirmed: CA-84 (a) Claim of Byron K. Chamberlain for towing charges and damages to his automobile allegedly Chamber- caused when his car was towed to storage from lain the City -owned parking lot on B Street in Balboa. So, Ctys (b) An invoice from the Southern Counties Gas Gas Company covering damage of their 3/4" service at 606 Heliotrope Avenue, Corona del Mar, alleged to have occurred during operations under control by the City of Newport Beach. (c) Claim of Frank Renzi, Jr., Attorney at Law, on 0 behalf of Eugene, Catherine, and Lee Yatlee, Renzi alleging wrongful death on November 2, 1966 arising from the City's negligence. (d) Letter from Rod H. Bolton requesting payment Bolton of claim filed against the City on April 26, 1966 and denied by Council on May 9, 1966, for alleged damages to his car caused by workers doing cement work on light posts and telephone poles near his parked car on 44th Street and Seashore Drive. ATTEST: MEMO� i Page 186 yor Motion Aye s Motion All COUNCILMEN X Index Blaster Reynolds CA -169 0 Reclass Ping assoc CA -45 C.E. Hurley contrac 10% retenti release CA -49 60 CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 187 s p Y O . A Z f m 0 G 107 s3 X Ix (e) Claim of Elizabeth J. Buster for injury allegedly received when she stepped in an alleged hole in the pavement near the intersection of 26th Street and Balboa Boulevard on December 21, 1966. (f) Summons and Complaintfor Personal Injuries, Case 151074, Superior Court of the State of California for the County of Orange, Margaret S. Reynolds, Plaintiff vs. City of Newport Beach, California, Does I through III inclusively, in connection with claimant's allegedly falling on Balboa Avenue south of Onyx Street on Balboa Island allegedly due to defective condition of the sidewalk. ADDITIONAL BUSINESS: 1. A memorandum was presented from the City Manager dated January 20, 1967 regarding reclassification of one Planning Associate position to Senior Planner. i The following recommendations of the City Manager Motion x were approved: Ayes x x x x (a) The Compensation Plan was amended to include the classification Senior Planner at an assigned range of 40 ($791 -962). (b) The Table of Authorization was amended to be effective immediately as follows: Planning Department Present Amended Planning Associate 2 1 Senior Planner 0 1 (c) The Key Personnel list was amended to include the classification Senior Planner. 2. A letter dated January 20, 1967 from attorney Roy B. Woolsey regarding the City's contract with C. E. Hurley Contracting Corporation for removal of sand was presented. yor ATTEST: City Clerk Page 187 I s3 X Ix CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 188 � Y � A Z r m O c Index January 23. 1967 Resub No. 234 CA -129 Budget Amendmnt: CA -102 C -33 C -34 Is The staff was authorized to release the 107o retention Motion x in the amount of $3,816. 50 presently estimated to be Ayes x x x x x due on Contract No. 1070 (the sand replenishment of west Newport ocean beach) to the contractor C. E. Hurley Construction Company, subject to release of the stop -pay notice filed with the City by Warnock - Bancroft Equipment Company. 3. A memorandum was presented from the Public Works Department dated January 13, 1967 regarding Re- subdivision No. 234, Cagney property at Placentia and Superior. Resubdivision No. 234 was approved subject to the Motion x conditions recommended by the Public Works Depart- Ayes x x x x xl ment. BUDGET AMENDMENTS: 1. The following budget amendment was approved: Motion Ayes xxxxx C -33, $3, 050, being a decrease in Unappropriated! Surplus and an increase in Budget Appropriations for additional funds for construction of steel parking building in the City Corporation Yard, Contract No. 1068, from Unappropriated Surplus, Park & Recreation to Budget Appropriation Control, Parks, Beaches and Recreation - Parks, Parkways, Structures, Parking Stalls at Corporation Yard. 2. The following budget amendment was approved: Motion x Ayes xxx X C -34, $250, transfer of Budget Appropriations for consultant's services for Councilmanic re- districting from Unappropriated Contingency Reserve to Budget Appropriation, Non- depart- mental, Professional Services. COMMUNICATIONS - ADVISORY: 1. The following communications were ordered filed:. Motion x Ayes xxx xx' (a) A letter dated January 17 from Supervisor Alton E. Allen addressed to Mayor Pro Tempore I May ATTEST: CC it Page 188 X X -_AE4 Index January 23, 1967 CA -6/ CA-116 CA -76 CA -33 CA -33 0 CA -33 CITY OF NEWPORT BEACH Volume 20 - Page 189 COUNCILMEN s m o9opj0 a �oz�moo 0 i Doreen Marshall acknowledging receipt of her letter regarding the need for reasonable control of air traffic noises and flight patterns from the Orange County Airport and stating that the Board had taken formal action directing the Airport Commission and the Director of Aviation to study the advisability of strengthening the regulations at the airport concerning operation of aircraft in order to provide the least disturbance to resi- dents and to the vicinity, and that the Board had passed a resolution stating that public hearings would be held prior to letting any contract for the extension of the runways at the airport. (b) Certification by the Secretary of State, dated January 12, 1967, of Amendment to the Charter of the City of Newport Beach voted for and ratified by the qualified electors of Newport Beach at a special election held November 8, 1966. (c) A letter dated January 17 from Clinton C. Powell, M.D., Coordinator of Medical and Health Sciences of the University of California at Berkeley, addressed to the City Clerk, regarding the resolution of the Newport Beach City Council supporting the establishment of a College of Medicine at the University of California - .Irvine, and stating that the matter is under active con- sideration, and this expression by the City Council will be taken into account in reaching a decision. (d) Resolutions supporting the establishment of a College of Medicine at the University of California- Irvine from the Cities of Buena Park and Westminister. (e) Resolution of the City of Huntington Beach sup- porting the Orange Coast Junior College District tax limit proposition to be voted upon on February 14, 1967. ayor ATTEST: City Clerk Page 189 CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 190 mora+o� <a Index January 23, 1967 I* CA -12 CA -53 CA -179 • E (f) Minutes of the Orange County Water District Board of Directors regular meeting held on December 21, 1966, and of adjourned meeting held on January 4, 1967. (g) Copies of agenda of Board of Supervisors I meetings held January 10 and 17, 1967. (h) January 1967 issue of the Orange County Press Club Reporte r. The meeting was adjourned at 9:20 P.M. Motion x Ayes xx xxx x ayor ATTEST: City Clerk �I I Page_ 190 I I i i X