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HomeMy WebLinkAbout05/22/1967 - Regular MeetingIndex 01219 CA 63 0 -1220 4 CA 116 0 CITY OF NEWPORT BEACH Volume 20 - Page 289 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: May 22, 1967 Time of Meeting: 7:30 P. M. Place of Meeting: Council Chambers COUNCILMEN 9 Y Stoll Call: Present x x x x x The reading of the Minutes of the Regular Meeting of May 8 and of the Adjourned Regular Meeting of May 11, 1967 was waived and said Minutes were approved as Motion x written and ordered filed. All Mayor Gruber welcomed Girl Scout Troop No. 44 and Mrs. Trudy Rogers who accompanied them. ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1219, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 5. 04. 090, 5. 04. 130, 5. 04. 140, 5. 04. 150 AND 5. 04. 170 OF, AND ADDING SECTIONS 5. 04. 365 AND 5. 08. 013 TO, TITLE 5 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO BUSINESS LICENSES AND REGULATIONS, was presented with a memorandum from the City Attorney dated May 17, 1967. Jack Barnett, Executive Manager of the Newport Harbor Chamber of Commerce, spoke from the audience. Ordinance No. 1219 was introduced and passed to Motion x second reading on Junel2, 1967. Roll Call: Ayes x x x x Noe s x 2. Proposed Ordinance No. 1220, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 12.60. 030 TO THE NEWPORT BEACH MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF CROSSWALKS, was presented with a memorandum from the Public Works Department dated May 22, 1967 regarding a ayor ATTEST: 114 0� City Clerk Page 289 I 01 G R f p if 1 CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 290 MUCA lvlay 66, 1701 mid -block crosswalk on Via Lido 130 feet east of the east curb line on Central Avenue. Ordinance No. 1220 was introduced and passed to Motion x second reading on June 12, 1967. Roll Call: Ayes xx xx xxx ORDINANCES FOR ADOPTION: 1214 1. Ordinance No. 1214, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.44. 040 OF THE NEWPORT BEACH MUNICIPAL CODE RELATIN 1 20 TO PARKING METER FEES, establishing ten cents per hour as the basic parking • meter fee with the exception of recreation areas and special locations with long -term demand, was presented for second reading. With the unanimous consent of the Council, Mayor Gruber stated that the further reading of the ordinance was waived. Jack Barnett, Manager, Newport Harbor Chamber of Commerce, spoke from the audience. Councilman Forgit made a motion to adopt Ordinance Motion x No. 1214. A discussion was had. A vote was taken on Councilman Forgit's motion, Roll Call: which motion carried. Ayes x x x x x x x •Councilman Marshall made a motion that the City Motion x express its intent to set aside 50% of the revenue evenue from business parking meters so funds can be rm Bus available for use in developing off - street parking in rkg business areas that are metered, and that the City eters Attorney be directed to report back to the Council as 20 to the legal feasibility and the legal ways in which A A 22 this can be accomplished. yhifyor ATTEST: S City ler Page 290 i CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 291 s m oym oc+a Index May 22, 1967 a a $ R -65 LAF°C CA 1 Tree Stud CA 1 CA 4 ,. Lawn ing S sele stud CA 4 • A discussion was had. A vote was taken on Councilman Marshall's motion, Ayes x x x x x x which motion carried. Abstain x CONTINUED BUSINESS: 61 1. Resolution No. 6561, designating certain City officials who are authorized to represent the City Motion x 08 before the Local Agency Formation Commission, Roll Call: was adopted. Ayes XXXXXX34 2. A report dated May 18, 1967 was presented from the Root Parks, Beaches and Recreation Commission re- y garding its study of tree roots versus City sidewalks. 58 9 Marion McDonald, 409 Bellevue Lane, a member of the Parks, Beaches and Recreation Commission; G. William Grundy, Chairman of the Parks, Beaches and Recreation Commission and Jack Barnett spoke from the audience. Councilman Shelton made a motion that the Council Motion take the report from the Parks, Beaches and Recreation Commission under advisement and that the matter be diaried for discussion at the Council meeting on June 26, 1967. Walter Semeniuk of Newport Shores, a member of the Parks, Beaches and Recreation Commission, spoke from the audience. A vote was taken on Councilman Shelton's motion, Ayes x x x x x x r which motion carried. 3. A memorandum dated May 19, 1967 was presented bow - from the City Manager regarding status of The ,reer s Irvine Company site selection study for lawn bowling greens. ctioll Councilman Cook made a motion that the City Motion x y Manager's report be accepted. 9 Councilman Rogers suggested the motion be amended to direct the staff to present regular reports at each meeting regarding developments so the Council's .information will be current. A vote was taken on Councilman Cook's motion, as Ayes X X X X X X A amended, which motion carried. /'Mayor ATTEST: snA City Clerk Page 291 I Index Bd &C Appts. CA 135 Bid ca for le Pub. CA 16E PropoE Budget AV CA 10] worlm( Comp 1 Res Pa t{ -• CA 39 CA 45 Coop Agrmt Aerom for ii ,Tambo: at en C °109' R -656 • CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 292 s A y A c s 5 C N Z C A p r O 1Vlay LL, 17U 1 CURRENT BUSINESS: m 1. A memorandum from the City Clerk dated May 22, 1967 regarding Board and Commission appointments Motion x on was ordered filed. Ayes x x x x x x x 2. The City Clerk was instructed to publish a Notice Motion x 1 Inviting Bids to be received at or before the hour of Ayes x x x x x x x gal 7:30 P.M. on June 12, 1967 for a contract covering the publishing and printing of all legal notices, or other material required to be published in a news- paper of general circulation published and circulated in the City of Newport Beach, for the fiscal year ending June 20, 1968. 3. The City Manager's proposed Annual Budget for ec Fiscal Year 1967 -68 was presented and public S hearing on the Budget was set for June 5, 1967 at Motion x 7:30 P.M. Ayes x x x x x x x 4. A memorandum was presented from the City Attorney 0 dated May 15, 1967 regarding a resolution clarifying m the City's intention to provide Workmen's Compen- :o :l'ce sation benefits to Reserve Police Officers. ! Resolution No. 6562, declaring that the Reserve Officers of the Newport Beach Police Department are deemed employees of the City for the purpose of Motion x Division 4 of the California Labor Code relating to Roll Call: Workmen's Compensation benefits, was adopted. Ayes x x x x x x x 5. A memorandum was presented from the Public Works W Director dated May 22, 1967 regarding a cooperative 6 Itz agreement with Aeronutronic for improvements to lip Jamboree Road at Aeronutronic entrance. °e td (a) Resolution No. 6563, authorizing the execution of an agreement with Aeronutronic Division of iC Philco -Ford Corporation for the improvement Motion x 3 of Jamboree Road from Ford Road to Bison Roll Call: Avenue, was adopted; and Ayes x x x x x x x Mayor ATTEST: City C erl Page 292 Index l $851 eng fee for Jaml improvm' Off st prkg meter fi in Zone R�6564 CA 20 1967 -68 Sec 210' �3as Tax Buell R 565 St Hwy Fund to Cities R -6566 Eng Func Traffic signs oc Higtiand Drive R -6567 CA 19 i� LJ Upper Ba Caater Tx Main 0-1079 CA 12 • CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 293 T19- 7 7 1 at 7 \A ZAC A c `Z (b) An increase of $850 was approved in the Motion x maximum engineering fee authorized for design Ayes x x x x x x x of the Jamboree Road improvements. 6. A memorandum from the Public Works Director dated May 22, 1967 regarding off - street parking es meter fees in Zone 12 was presented with a memo - 12 randum from the City Attorney dated May 19. Resolution No. 6564, establishing off - street parking meter zones and regulations for the operation of Motion x parking meters and repealing Resolution No. 6378 Roll Call: and all amendments thereto, was adopted. Ayes x x x x x x x 7. A memorandum was presented from the Public Works Director dated May 22, 1967 regarding Fiscal Year 1967 -68 Section 2107 Gas Tax Budget. (a) Resolution No. 6565, adopting and submitting a Motion x budget for expenditure of funds allocated from Roll Call: the State Highway Fund to Cities, was adopted. Ayes x x x x x x x (b) Resolution No. 6566, adopting and submitting a Motion x S budget for expenditure of State allocated Roll Call: (Engineering) funds, was adopted. Ayes x x x x x x x 8. A memorandum was presented from the Public Works Director dated May 22, 1967 regarding Highland Drive intersection controls on Estelle Lane, Marian Lane, Nottingham Road, Cambridge Lane and Oxford Lane. Resolution No. 6567, authorizing the installation of Motion x yield right -of -way signs, was adopted. Roll Call: Ayes xxxxxxx 9. A memorandum was presented from the Public Works Director dated May 22, 1967 regarding Upper Bay ins water transmission main in Tustin Avenue from Mira Loma Place northerly to Palisades Road (C- 1079). 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 10:00 A.M. on June 20, 1967. Mayor ATTEST: C City Cle Page 293 Index ,Apt landscl & rests C -1090 CA 49 Npt Cn traffi, signal C -1117 CA 19 Seal Ci ��ri 19066' C -1118 CA 29 Koffor curb c CA 30 City H exp ac CA 87 • CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 294 ww___ oa lnLe 10. A memorandum was presented from the Public Works )ng Director dated May 22, 1967 regarding West lOom Newport landscaping and restroom (C- 1090). 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 10:00 A.M. on June 21, 1967. :r 11. A memorandum was presented from the Public Works Director dated May 22, 1967 regarding the con- struction of Newport Center traffic signal (C- 1117). 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 10:00 A.M. on June 7, 1967. 12. A memorandum was presented from the Public Works :)a t Director dated May 22, 1967 regarding seal coating :)g a program, 1966 -67(C- 1118). The plans and specifications were approved and the Motion x City Clerk was authorized to advertise for bids to be Ayes X X I X X X X X opened at 10:00 A.M. on June 19, 1967. 13. A memorandum was presented from the Public Works 3 Director dated May 22, 1967 regarding a request by at M. E. Kofford, Jr. to construct a 2l foot wide curb cut at 104 Via Lido Soud. M. E. Kofford, property owner involved, spoke from the audience. Mr. Kofford's request for curb cut was granted as Motion x requested. Ayes x x x x x x x 14. The City Manager's expense account for a trip to Sacramento on May 16 and 17, 1967 to attend a ;r s Highway Commission meeting with members of the Motion x 't Council was approved. Ayes x x x x x x x ayor ATTEST: City Clerk page 294 I Index • Haster Traffic Count Stations C -1119 CA 114 Dedicati liosp a Rc A 162 • Surfing CA 49 • CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 295 s m O Y d O AG+ r.1 Mav 22. 1967 '0N �� a Z 15. A memorandum was presented from the Public Works Department dated May 22, 1967 regarding Master Traffic Count Stations (C- 1119). 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. on June 19, 1967. 16. A letter dated May 18, 1967 from Hoag Memorial on Hospital Presbyterian requesting that the City consider the acceptance of the dedication of an easement of Hospital Road and enclosing a letter dated May 12 from Industrial - Commerical Real Estate of Los Angeles to Hoag Hospital agreeing that Hospital Road should be dedicated and consenting to the offering of its interest to the City along with Hoag Hospital's interest, was referred to the staff Motion x for report. Ayes x x x x x x x COMMUNICATIONS - REFERRALS: 1. The following communications regarding surfing i regulations between 18th Street and the Newport Motion x Pier were referred to the staff for report: Ayes x x x x x x x (a) A letter dated May 16, 1967 from Georgia W. Maloof opposing possible changes in surfing restrictions in the area of 1910 W. Ocean Front. (b) A letter dated May 14, 1967 from Ronald Crowe, who has a beach rental business at 2010 Ocean Front, opposing the proposed expansion of surfing area and time limits south of Newport Beach Pier. (c) A letter dated May 9, 1967 from Jones Realty Inc., 2001 W. Balboa Blvd., signed by the President, Vice President and Treasurer, protesting against expanding current surf- boarding regulations in subject area. ayor ATTEST: City C erk Page 295 CITY OF NEWPORT BEACH Volume 20 - Page 296 Index May 22, 1967 (d) A petition dated May 18, 1967 signed by 48 residents protesting expansion of current surf - boarding regulations in subject area. (e) A letter dated May 18, 1967 from Jack Hill & Company, Insurance Adjusters, protesting the proposed easing of restriction for surfing in subject area. (f) A letter dated May 18, 1967 from Ralph and Lucy Watson asking that surfing regulations be left as they are. (g) A letter dated May 18, 1967 from Mrs. Douglas Craig favoring the easing of restrictions on surfing in Newport Beach. (h) A letter from E. F. Yates stating he favors less restriction in surfing regulations. (i) A letter dated May 17, 1967 from Mrs. George T. Weaver stating that her son is a member of the Newport Beach Surfing Association and they feel they are entitled to more relaxation on the surfing regulations that are now being en- forced. (j) A letter from Robert W. Wilson opposing surfing in subject area. Stop 2. A letter dated May 2, 1967 from Bob David request - light ing a stop light at the Bayside Drive intersection was Bayside referred to the City Manager for answer to advise Drive him that based on priority, this intersection is CA 19 slated for a signal some day, but not now.. • 3. A letter dated May 1, 1967 from the City of Los Rock,sand Angeles enclosing a copy of a report by the State, & gravel disc County and Federal Affairs Committee of that City Ca 66 regarding rock, sand and gravel zoning and a resolution adopted by the City Council reaffirming its position that functions such as zoning should continue to be performed by local government including all facets of the master plan and all matters relative to natural resources including rock, sand and gravel, was referred to the Legislative Committee. ATTEST: c City Clerk Page 296 yor Motion Ayes Motion Ayes COUNCILMEN Rq ix n a O (1 x Index Clm CA 84 Himme Gundi dba A. F! Bed I Fund: A• C( Or C( Foott Club CA 1; Frisl Repo CA 11 Tree CA 1' CA 4! • Frwy CA 6! 0 CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 297 -- 001�1 '0, ...wy \ , , , , 4. The City Clerk's referral of the following matters Motion x mgs to the insurance carrier was confirmed: Ayes x x x x x x x (a) Claim of L. H. Himmelrich alleging water lri h damages to rental property which he owns on Balboa Island, and letter from Claimant dated May 18 protesting a letter received by him from insurance carrier. (b) Claim of Edward Gundry dba A Figa for y damages to his restaurant on April 22, 1967 allegedly caused by a back -up in the City sewer ga system. 5. A letter dated May 11, 1967 from Charles R. Gangi 'ax as owner of Newport Beach Travelodge asking where the bed tax funds are channeled and whether the City is spending any money derived from the bed tax 7 funds for publicity purposes in attracting more; Motion x tourists to this area, was referred to staff forlreply. Ayes x x x x x x x 1, 6. A letter dated May 15, 1967 from the Orange County ,all Football Club asking that the Council adopt a resolution supporting the Orange County Ramblers 6 representing Orange County in the professional Continental Football League's Western Division, was Motion x ordered filed. Ayes x x x x x x x iee 7. The Interim Report from Ira N. Frisbee & Co. Motion x .t dated May 15, 1967 was received and ordered filed. Ayes x x x x x x x .2 8. A letter dated May 15, 1967 from the Balboa Pen- Stu y insula Point Association requesting that full consider � ation be given to saving the trees of our area wher- ever feasible and suggesting the possibility of replacing any trees that do have to be removed, was Motion x referred to the staff for inclusion in its study. Ayes x x x x x x x 9. The following communications were ordered filed: Motion x Ayes . xxx xx x (a) Letters -from the following supporting the City's official position in the Freeway issue: Lido - Isle Community Association, Newport Shores Community Association, Freeway Committee.of 100, Central Newport Beach Community Associ- ation, Newport Harbor Chamber of Commerce, ayor ATTEST: c City Clerk Page 297 _ CITY OF NEWPORT BEACH Volume 20 - Page 298 Index May 22, 1967 • Balboa Peninsula Point Association, Balboa Improvement Association and West Newport Businessmen's Group (18 signatures). (b) Letters addressed to Councilman Cook from the following opposing the City's official position on the Freeway issue: John W. Love; Gordon McClellan, Senior Vice President, Districts Insurance Associates; Richard W. and Jacquelene J. Heinecke. Warner 10. A letter dated May 16, 1967 from John R. F. Frost, Bros, TV President, Pacific Cable Services, Inc. , advising Serv, Inc, that the corporate name of Warner Bros. TV name chg Services, Inc. has been duly and legally changed to CA 179 the name 6f Pacific Cable Services, Inc. and appropriately filed with the Secretary of State in • Delaware and in California and requesting Council to change the name on franchise documents, was referred to the staff. Western ADDITIONAL BUSINESS: pipe anti-trusL 1. The following Minute Resolution regarding the cases settlement of Western Pipe Anti -trust cases, was adopted: CA 169 U The City Attorney is instructed to authorize the State Attorney General to enter into a settlement of the City's claims against six of the defendant pipe suppliers in accordance with the settlement proposal outlined in the letter dated May 12, 1967 from the Attorney General. BUDGET AMENDMENTS: Budget AmendInts 1. The following Budget Amendments were approved: CA 102 C -67, $5, 640 transfer from Police Salaries, Overtime, to Police Capital Outlay, Rolling Equip- ment, for purchase of remaining five budgeted Police cars. Mayor ATTEST: S City Clerk • Page 298 COUNCILMEN n a i 1 Motion x Ayes xx xx xxx Motion x Ayes x x x x xxx Motion Ayes xx xx xi x xl xl Index • May 22 CO • 1. CA 108 OA 66 • 13W AT 7EN CITY OF NEWPORT BEACH Volume 20 - Page 299 IQA7 COUNCILMEN `cm m ovmoAfa i C -68, $61. 36 increase in Budget Appropriations, Parks, Beaches and Recreation, Furniture and Fixtures, and in Revenue Estimates, Donations and Contributions from Unappropriated Surplus, Parks, Beaches and Recreation for purchase of two folding tables for Mariners Park Multi- purpose room. C -69, $31.84 net increase in Unappropriated Surplus resulting from a $100 increase in Revenue Esti- mates, Donation and Contributions, and a $68. 16 increase in Budget Appropriations, Furniture and Fixtures, Library Fund, for the purchase of a two - drawer legal file cabinet donated by The Tuesday Club. MMUNICATIONS - ADVISORY: The following communications were ordered filed: Motion x Ayes xxx xx xx (a) A notice from the Local Agency Formation Commission of public hearing June 14, 1967, at 2:00 P.M. in Santa Ana, on proposed annexation to Costa Mesa Park and Recreation District designated as Sunflower No. 3 Annexation, a 37 foot strip of land along Sunflower Avenue between Bear Street and west right -of -way line in the Santa Ana Delhi Flood Control Channel. (b) Copy of a resolution adopted by the City of Stanton in support of Assembly Bill 806 relating to an amendment of the Penal Code declaring intention of legislature not to preempt the field of indecent exposure and asking support of the Council of this resolution. (c) A letter dated May 11, 1967 from the City of Stanton acknowledging receipt of Resolution No. 6552 expressing support for Assembly Bill 877 concerning preemption and advising that they have adopted similar resolution. (d) A letter dated May 15, 1967 from the City of Westminster enclosing a Resolution of that City in support of AB 877 and acknowledging receipt of this Council's resolution in support of said Assembly Bill. 1 ayor PEST: City Clerk Page 299 I I Index 0 CA 36 CA 55 0 CA 53 CA 69 CA 142 • CA 130 • CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 300 s m `C wp r m ae.... �i 101,7 � Z 93 (e) Copy of an application before the Public Utilities Commission of the State of California of the South Coast Transit Corporation for authority to re -route and extend its Huntington Beach -Santa Ana - Orange Service and to re- route its Santa Ana - Newport Balboa- Laguna Beach Service. (f) League of California Cities: (1) Legislative Bulletins for May 8 and 13, 1967. (2) Fourth Legislative Digest. (3) Copies of minutes of Executive Board meetings of March 9 and April 13, 1967 and of General meetings held on March 23 and April 27, 1967. (g) Copies of Agenda of the Orange County Board of Supervisors meetings of May 9, 10, 16 and 17, 1967. (h) Councilman Cook's comments before the High- way Commission in Sacramento. (i) A pamphlet on Tustin Area General Plan. (j) A letter dated May 18, 1%7 from Donald W. Hayton enclosing an article from the Times newspaper regarding the mauling of two children by a Great Dane and stating a danger- ous situation exists with dogs permitted on the beach whether on or off leash. The meeting was adjourned at 8:40 P.M. to 7:30 P.M., Motion May 31, 1967 for continued study of the proposed Ayes x x x x x Budget for 1967 -68. Following adjournment and before any of the Councilmen had left the rostrum, they were addressed briefly by Mrs. John W. Clemmer representing Mr, and Mrs. James K. Ingham, owners of No. 111 Bayside Place, . or ATTEST: City Cler page 300 I � 93 Index a • CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 301 v 7 C N O p�n P pm T O Y� O P fA Ma.v 22_ 1967 c stating that they are opposed to the issuing of the Harbor Permit No. A -1122 to Mr. and Mrs. Howard S. Martin because they feel there is a danger of collision between boats using the Martin float and boats using the Ingham float, and that they are concerned with any possible liability to themselves. Mrs. Clemmer stated that the matter would be formally presented to the Council in writing. ayor ATTEST: City C erk Page 301 i