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HomeMy WebLinkAbout06/12/1967 - Regular MeetingCITY OF NEWPORT BEACH Volume 20 - Page 316 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: June 12, 1967 Time of Meeting: 7:30 P. M. Index Place of Meeting: Council Chambers Roll Call: The reading of the Minutes of the Regular Meeting of May 22 and of the Adjourned Regular Meetings of May 31 and June 5, 1967 was waived and said Minutes were approved as written and ordered filed. HEARINGS: Public hrg 1. Mayor Gruber opened the public hearing in connection with the appeal of certain property owners from the U.P. 1271 decision of the Planning Commission granting the application of Jordan and Benjamin, Inc. for Use GA 15 Permit No. 1271 which permits the establishment of an automatic car wash and a no -fee private parking lot on Lots 3, 4, 5 and portion of Lot 2, Block G, Tract 323, Zone C -O -Z and Lots 15 and 17, Block 435, Corona del Mar Tract, Zone R -2 located at 2931 East Coast Highway, Corona del Mar. The appeal letter dated May 24, 1967 bearing eight signatures of property owners in Corona del Mar was presented with the findings of the Planning Com- mission dated June 12, 1967, a letter dated June 8, 1967 from George W. Driscoll stating that he had filed with the City Clerk petitions signed by nearly 700 residents requesting Council to reverse the decision of the Planning Commission and to deny Use Permit No. 1271, petitions bearing 732 signatures of purported property owners and business and residential tenants of the City of Newport Beach. The City Clerk stated that she had received that day a letter from Hames H. Langenheim stating that his secretary's signature on a petition concerning a car wash was her individual response and not an endorse- ment from his office. Planning Director Ernest Mayer, Jr. reported on the findings of the Planning Commission. Thomas Milburn, George Driscoll and E. Morris Smith spoke from the audience requesting denial of subject Use Permit. Horace Benjamin, of Jordan and Benjamin, Inc., spoke from the audience ATTEST: Ae City Clerk yor Page 316 COUNCILMEN Present x x x x x Motion x Ayes X X X n a i f?ir 71n Pa CA Lc 1Kd AP CA CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 317 Y C =\ c A, i G C7 p C T.. «.. 17 1 OA'7 K x Lester Yard and Mrs. Delight Church spoke from the audience regarding the traffic situation on Iris Avenue. The hearing was closed. Motion x Ayes xxxx xxI Subject appeal was granted, and Use Permit No. 1271 Motion was denied. Ayes x x x x x x 2. Mayor Gruber opened the public hearing in connection dgeg hrg with the Preliminary Annual Budget for the Fiscal 101 Year 1967 -68. Mayor Gruber asked if anyone present desired to be heard. Doris Boisserance, John Shea and Helen McNair spoke from the.audience regarding engineering studies proposed for West Newport. The hearing was closed. Motion x Ayes xxx xxx One position of Police Supervising Clerk was deleted Motion x lice 39 from the Police Department Budget, one additional Ayes x x x x x x Police Officer and one range incentive bonus for the officer assigned as Supervisor of Records Section were authorized. The concept of the City Manager's recommendation on mg¢vfgy V c the longevity vacation as contained in the Salary 45 Benefit Survey proposed to the Council in April, with the understanding that the personnel amendment resolutions will be presented at the next Council Motion x meeting, to be effective July 1, 1967, was approved. Ayes x xxx x x The City Manager was authorized to enter into a Motion x Y Ems contract amendment with the Aetna Life Insurance Ayes x x x x x x 68 Company eliminating the two -month eligibility waiting period from the health and life insurance contract. Mayor ATTEST: �� City Clerk �Y Page 317 I K x Index V 8-6570 ^A 101 0 0-1221 :.A 182 ? -1 2 9t 2A 166 June 12, 1967 Cc Re Cc BI Cc to A an M Ci ba IORViK 1. P3 we At un M 03 se 2. P] ATTI 1 --6 CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 318 s p O uncilman Marshall made a motion to adopt Motion x solution No. 6570, being a Resolution of the City until of the City of Newport Beach adopting the .dget for the 1967 -68 fiscal year. uncilman Cook stated for the record his objections the 1967 -68 Budget. vote was taken on Councilman Marshall's motion, Roll Call: d Resolution No. 6570 was adopted. Ayes x x x x x x Noes x iyor Gruber stated that it was the intention of the ty Council to establish a tax rate required to lance the Budget as adopted by Resolution No. 6570. ANCES FOR INTRODUCTION: oposed Ordinance No. 1221, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING SECTIONS 10. 28. 020 AND 10.28. 030 OF TITLE 10 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO OFFENSES AND NUISANCES, .s presented with a memorandum from the City torney dated June 7, 1967 regarding repeal of constitutional or unnecessary sections of the inicipal Code. dinance -No. 1221 was introduced and passed to Motion x cond reading on June Z6, 1967. Roll Call: Ayes xxx xxx x oposed- Ordinance No. 1ZZ2, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 12. 44. 025 TO THE NEWPORT BEACH MUNICIPAL CODE Mayor ;ST: 'City Clerk Page 318 i I Index Proposed ®rd. Council m�asnc Dis¢s. CA 165 40 CITY OF NEWPORT BEACH Volume 20 - Page 319 T,,rc 12 1Q(,7 COUNCILMEN i CREATING A SPECIAL CAPITAL IMPROVE - MENT FUND KNOWN AS THE OFF - STREET PARKING FACILITIES FUND, was presented with a memorandum from the City Attorney dated June 8, 1967. Jack Barnett, Newport Harbor Chamber of Com- merce, spoke from the audience expressing thanks to the Council for the ordinance. Councilman Rogers made a motion to introduce Motion x Ordinance No. 1222 and pass to second reading. Councilman Cook requested that the motion be amended to insert the word "public" between the words "of' and "off- street" in the second paragraph of Section 12.44. 025, and to insert the word "public" between the words "mean" and "parking lots" in the third paragraph of said Section. Councilman Rogers accepted said amendment. Ordinance No. 1222, as amended, was introduced Roll Call: i and passed to second reading on June 26, 1967. Ayes x x x x x 3. A proposed ordinance, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH CHANGING AND REDEFINING THE BOUNDARIES OF THE COUNCILMANIC DISTRICTS OF THE CITY, setting forth district numbers and boundaries in accordance with Map No. II and replacing and superseding all prior district numbers and Motion x boundaries, was referred back to the Redistricting Roll Call: Committee for further study. Ayes x x x x 31 Mayor ATTEST: 6 City C � f City Clerk Page 319 I CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 320 s p Y w P " F C S G n A r Index June 12, 1967 m o" i r -12 == 6 4 0 -12 CA 1 X ORDINANCES FOR ADOPTION: 19 1. 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 3 5. 08. 013 TO, TITLE 5 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO BUSINESS LICENSES AND REGULATIONS, 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. 1219 was adopted. Motion x Roll Call: Ayes x xx xxx 20 Z. Ordinance No. 1220, being, i AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 12. 60.030 TO THE NEWPORT BEACH MUNICIPAL CODE RE- LATING TO -THE ESTABLISHMENT OF CROSS- 18 WALKS, establishing a crosswalk on Via Lido at a location 130 feet east of the east curb line of Central Avenue,_ 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. 1220 was adopted. Motion x Roll Call: Ayes xxxx xx ayor ATTEST: 6�� «sue City C erk R Page 320 I X Index ]Legal Publication Got 168 C1 R -6571 Lawn Boulin {Assoc. 0-986 GA 49 Tidelands Revenue Gmte • CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 321 0 Jui1C 1L, 17V \ \. ] 1 1 1 1 CONTINUED BUSINESS: 1. The City Clerk stated that this was the time and place for the opening of bids received on or before the hour of 7:30 P.M. on June 12, 1967, for a contract covering the publication and printing of all legal notices, or other material required to be published in a newspaper of general circulation published and circulated in the City of Newport Beach for the fiscal year ending June 30, 1968. The City Clerk stated there were two bids, one from the Newport Harbor Ensign and one from the Daily Pilot. She opened and read the bids. Jack Curley, Business Manager of the Daily Pilot, spoke from the audience. Subject bids were referred to the staff for analysis Motion x and report on June 26, 1967. Ayes x x x x x x CURRENT BUSINESS: I 1. Resolution No. 6571, extending the agreement with Motion x the Newport Harbor Lawn Bowling Association, was Roll Call: adopted. Ayes x x x x x x 2. Mayor Gruber nominated Councilmen Shelton, Parsons and Rogers as members of an ad hoc Tide- lands Revenue Committee. Councilman Shelton requested an alternate. Councilman Marshall made a motion to approve the Motion x nominations of Mayor Gruber, with the addition of Councilman Cook as an alternate member for Councilman Shelton. Councilman Parsons requested that the alternate be designated to act as alternate for all of the members. Councilman Marshall accepted said amendment. A vote was taken on Councilman Marshall's amended motion; and Councilmen Shelton, Parsons and Rogers, with Councilman Cook as an alternate member, were approved as members of the ad hoc Tidelands Ayes x x x' x x x Revenue Committee. \ Mayor ATTEST: !D Aw A a( Cz i6 / e .2 City Clerk Page 321 I XI 0 Cen .Ann Sr8 Coa CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 322 967 ?���mxaz IIIUGT .J LLRC IL, 1 3, The matter of appointments to Boards and Com- missions necessitated by expiring terms, was °s d considered. - satong The following appointments to Boards and Com- 135 missions were approved, effective July 1, 1967, all _ Motion x for four -year terms.: Ayes x x x x x x x Civil Service Board Frederic Salyer (Reappointment) Board of Library Trustees Mrs. T. Duncan Stewart (Reappointment) Mrs. Hancock Banning Parks, Beaches and Recreation Commission Alexander Cameron, Jr. James L. Rubel, Jr. Planning Commission Davis W. Curtis (Reappointment) John J. Jakosky, Jr. (Reappointment) John Stuart Watson and 60 Newport Beach City Arts Committee Mrs. Paul McManigal (Reappointment for three -_ year term, effective January 1, 1967. ) The City Clerk was directed to prepare Certificates Motion x t. of of Appreciation from the City Council to all retiring Ayes 2xxxxxxx rec. Board and Commission members, specifically to Mrs. Richard Lawrence from the Board of Library Trustees, Mrs. Isabel Pease and Mr. G. William Grundy from the Parks, Beaches and Recreation Commission and Mrs. Robert Rea from the Planning Commission. as they have all served the City very faithfully and well. Iffic 4. Memoranda were presented from the Public Works ktrol Department dated June 12, 1967 regarding 16th ayor ATTEST: T /Jin AA ie / ivci% City Clerk Page 322 I Index 6572 19 g• Accts uicSUraS 91 91 - -- • 92 �91' ty Kgr 87 i Tent R, 6015 Wot Center 23 •- CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 323 s c Street and Dover Drive traffic control and Broad Street and Westminster Avenue traffic control. Resolution No. 6572, designating intersections at Motion } which vehicles are required to stop, was adopted. Roll Call: Ayes x xx xxx 5. The following expense accounts were approved: Motion Ayes x xxx xx) (a) Councilman Parsons for trip to Bakersfield in connection with freeway matters on April 25 -26, and for trip to Sacramento for meeting of State Highway Commission May 16 -17, 1967. (b) Mayor Pro Tern Marshall for trip to Bakersfield in connection with freeway matters on April 25- 26, and for trip to Sacramento for meeting of State Highway Commission May 16 -17, 1967. (c) Mayor Gruber for trip to Los Angeles in con- nection with freeway matters on May 25, trip to Sacramento for meeting of State Highway Com- mission May 17 -17, and trip to Ensenada, Mexico to attend activities in connection with Newport Harbor to Ensenada International Yacht Race including presentation of Mayor's Trophy May 5- 7, 1967. (d) Councilman Rogers for trip to Sacramento for meeting of State Highway Commission May 16 -17, 1967. (e) City Manager Harvey Hurlburt for trip to Philadelphia in connection with Seminar on Advances Management Principles May 22 -27, 1967. 6. The Revised Tentative Map for Tract 6015 (Newport Center) was considered along with the findings of the Planning Commission dated June 12, 1967, a memo - randum from the Public Works Department dated June 1, 1967 regarding recommendations, and a memorandum from the Parks, Beaches and Recreation Department dated June 8, 1967 regarding landscape recommendations. Mayor ATTEST: sa A A ��A rYm% City Clerk Page 323 I CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 324 i � Y Y N P Z f F Index June 12, 1967 \001i KAA • =t< Calif. '. 1Vpg o.xnn[iac.amd na _10900 49 -6573 Co. UV6 _A k • -6574 tit. Powers .. M1_ -1121 6575 _ re _ =dgf ng -y Island _M 70 - Councilman Cook made a motion to approve Revised Motion Tentative Map for Tract 6015 (Newport Center). Gordon Jones, representative of The Irvine Company, spoke from the audience in regard to the Council policy on the Development and Maintenance of Arterial Highway Parkways in or Adjacent to New Develop- ments. Planning Director Ernest Mayer, Jr. and Parks, Beaches and Recreation Director Cal Stewart spoke from the audience,_ and Mr. E. Morris Smith spoke from the audience and protested City participation in subject parkways. A vote was taken on Councilman Cook's motion, and Revised Tentative Map for Tract 6015 was approved, Ayes x x x x as conditioned by Public Works Department, Planning Commission and Parks, Beaches and Recreation Department. 7. A memorandum was presented from the Public Works Director dated June 12, 1967 regarding Cooperative Agreement No. 3014 with the State of California for the West Newport Landscaping and restroom project. Resolution No. 6573, authorizing the execution of Motion Cooperative Agreement No. 3014 with the State of Roll Call: California, was adopted. Ayes x x x x 8. A memorandum was presented from the Public Works Director dated June 12, 1967 regarding proposed agreements with the Orange County Harbor District (Joint Exercise of Powers Agreement for the main- tenance, protection and sand replenishment of Balboa Island beaches) and (Reimbursement Agreement for dredging Bay Island Channel). (a) Resolution No. 6574, authorizing the execution of Motion a Joint Exercise of Powers Agreement with the Roll Call: Orange County Harbor District, was adopted. Ayes x x x x (b) Resolution No. 6575, authorizing the execution of a Reimbursement Agreement with the Orange Motion x County Harbor District for the dredging of Bay Roll Call: Island Channel, was adopted. Ayes x x x x ayor ATTEST: City Clerk Page 324 x X is xlxl x X x x x Index C °1058 Hain CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 325 June 12, 1967 9. A memorandum was presented from the Public Works Director dated June 12, 1967 regarding Sewer Main Replacement Program 1966 -67 (C- 1058). An extension of time of eighty -five (85) calendar days 32 from May 10, 1967 to August 4, 1967 for the George Miller Construction Company in connection with Contract No. 1058, was approved. _- 10. A memorandum was presented from the Public Works w�wge „vge% Director dated June 10, 1967 regarding construction - °937 of water control facilities (C -937). _ 12 The Public Works Director's issuance of Change Order No. 2 on Contract No. 937, was approved. .d call 11. A memorandum was presented from the Public Works Director dated June 12, 1967 regarding construction ® of movable building at City Hall (C- 1120). 8ld -ity Hall Subject plans and specifications were approved, and - °1120 the Department of Building and Safety was authorized to waive the Building Permit fees, and the City Clerk 100 was authorized to advertise for bids to be opened at 10:00 A.M. on July 3, 1967. Lreffic 12. A memorandum was presented from the Public Works =dgxnals Director dated June 12, 1967 regarding construction Center of Newport Center traffic signals on San Joaquin Hills °1117 Road at MacArthur Boulevard and at Santa Rosa Drive =19 (C- 1117). °6516 (a) Resolution No. 6576, authorizing the execution of agrmt a cooperative financing agreement with The ]Irvine Co. Irvine Company for construction of traffic signal ®YC at Santa Rosa Drive, was adopted. 6 (b) Resolution No. 6577, awarding contract for sub - *,efl Gardner ject work to Paul Gardner Corporation at the Grp, ' =1117 contract price of $68,901, subject to approval of the encroachment permit by the State, was =p 19 adopted. ATTEST: � o i- W Page 325 r Motion Aye s Motion Ayes Motion Roll Call: Ayes Motion Roll Call: Ayes A x x xlxlxlx x x x Index ey permL2 ,. Irvine Q A 19 -fro IImpr x966 -67 -1083 - 29 6578 =- -iffffith Co -6579 _A nfc Esmt ffrArvine . .r. 29 R =6580 =ant 8smt ffrm Irvine 1 CA 29 Replacement 15th St. Pi C -1110 CA 41 R -6581 Trau¢ vein Bros. Civil Servo rules chg. CA 85 0 CITY OF NEWPORT BEACH Volume 20 - Page 326 � I , COUNCILMEN `cam i `_1 n Z i 11© I xixl (c) Construction on private property was authorized Motion x D. pending dedication of the right -of -way on the Ayes x x x x x 31 final tract map, and the Public Works Director was authorized to execute an entry permit from The Irvine Company on behalf of the City. 13. A memorandum was presented from the Public Works Director dated June 12, 1967 regarding the receipt of four bids by the City Clerk on June 5, 1967 in connection with the Fiscal Year 1966 -67 combined street improvements (C- 1083). (a) Resolution No. 6578, awarding contract for Motion subject work to Griffith Company at contract Roll Call: price of $179, 709. 50, was adopted. Ayes x x x x x : (b) Resolution No. 6579, accepting a Grant of Motion Easement from The Irvine Company for street .Roll Call: and highway purposes, was adopted. Ayes x x x x x : (c) Resolution No. 6580, accepting a Grant of Motion Easement for landscaping purposes from The Roll Call: Irvine Company, was adopted. Ayes x x x x x: 14. A memorandum was presented from the Public Works Director dated June 12, 1967 regarding the receipt of two bids by the City Clerk on June 6, 1967 in con- nection with the replacement of 15th Street public pier (C- 1110). Resolution No. 6581, awarding contract for subject Motion x work to Trautwein Brothers at the contract price of Roll Call: $9, 585, was adopted. Ayes x x x x x 15. A memorandum was presented from James P. Devine, Chairman of the Civil Service Board, dated June 9, 1967 regarding Civil Service Rules change. The Civil Service Rules and Regulations, Section IV, Promotional Employment Lists, were amended to Motion x read "Promotion employment lists hereafter estab- Ayes x x x x x lished shall expire one year after the date they are certified to the department head ". Mayor ATTEST: City Clerk Page 326 I n Z i 11© I xixl CITY OF NEWPORT BEACH Volume 20 - Page 327 Index June 12, 1967 Appg iflce APPLICATIONS FOR LICENSE: 0A 63 1. The following application for license was approved: Semple Exempt, John Semple, Secretary of the Community Youth Center of Newport Harbor, 5th and Iris, Corona del Mar, for carnival and helicopter rides to be held July 22 and 23 from 12:00 noon to 10:00 P.M., heli- copter to have no flights, take offs or landings over inhabited areas or ocean. Harbor APPLICATIONS FOR HARBOR PERMITS: Permit Oafl30 1. A memorandum was presented from the Public Works Director dated June 12, 1967 regarding Harbor Per- Dale mit Application No. A -688 of Allen Dale to construct 17' x 40' restaurant patio over the water shoreward of the U. S. bulkhead line at 3131 West Coast Highway, Newport Beach. Harbor Permit Application No. A -688 was approved, subject to a Building Permit being obtained from the City Building Department. 2. A memorandum was presented from the Public Works Director dated June 12, 1967 regarding Harbor Per - Sprague mit Application No. A- 512 -R -1 of Robert Sprague, 3600 Wilshire Boulevard, Los Angeles, to enlarge and relocate existing float bayward of 101 Bayside Place, Corona del Mar. Harbor Permit Application No. A- 512 -R -1 was approved, subject to the recommendations of the Public Works Director. • 3. A memorandum was presented from the Public Works Director dated June 12, 1967 regarding Harbor Spotek Permit Application No. A -1493 of George Spotek, 100 E. Coast Highway, Corona del Mar, to secure a Harbor Permit for existing pier and floats at 100 E. Coast Highway. Harbor Permit Application No. A- 1493 was approved, subject to the four recommendations of the Public Works Director. ATTEST: . City Clerk Page 327 COUNCILMEN 9 Motion Ayes Motion x Ayes x x x x x Motion Ayes x x x x x Motion Ayes x x 4 =,hni Perm in carrn Cove 4 Surf 4 CA 4 CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 328 s o y C. o m m'o vwoAra Index June 12 1967 4. A memorandum was presented from the Public Works Director dated June 12, 1967 regarding Harbor Permit Application No. A -1494 of W. D. Schock to construct ?` a float for boat dealership bayward of 2900 Lafayette Avenue. Mr. W. D. Schock spoke from the audience. Harbor Permit Application No. A- 1494 was approved, Motion x subject to the recommendations of the Public Works Ayes x x x x x x x Director. 4¢s 5. A memorandum was presented from the Public Works Director dated June 12, 1967 regarding Harbor Per - aeion mits in Carnation Cove (Harbor Permit Numbers A -895, A- 1077-R and A- 1122). Councilman Shelton made a motion to confirm the Motion x Public Works Department's decision to allow an increase in length of the float at 105 Bayside Place (A- 1077 -R), subject to the approval of the Orange County Harbor District. Mrs. John W. Clemmer, representing Mr. and Mrs. Ingham, spoke from the audience and presented a letter from Attorney David K. Robinson, which letter was read in full by the City Clerk. A vote was taken on Councilman Shelton's motion, Ayes x x x x x x which motion carried. COMMUNICATIONS - REFERRALS: ing 1. (a) Letters were presented protesting expanding surfing regulations from the following. Bonnie M. ` Rawlings, M. W. Cropp, Dorothy M. Hutchens, Mrs. George Mautz, Mrs. Roy Bates, Miss Bob Walker, Carol J. Martin, 23 form letters bearing 30 signatures, and Lewis N. Paul. (b) Letters were presented favoring expanding surfing regulations from the following: R. J. Milliken, Mrs. Bill Silzle, John Humphrey, Thomas Omohundro, Mr. and Mrs. J. Freud, ATTEST: 4Vayor t City Clerk Page 328 i Index W 0 i A CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 329 \C1 y A p m .. � Y�np Of� Snnp. 12_ 1967 �n w ff P =� Z Betty Longstreet, a petition bearing 4 signatures, and a letter received on June 12 from Evelyn Sellars bearing 12 additional signatures and a petition received June 12 bearing 60 signatures of purported citizens of Newport Beach and residents in the area. Councilman Forgit made a motion to refer subject letters to the staff, which motion was withdrawn. Gordon Connelly, President of the Newport Beach Surfing Association, spoke from the audience and suggested an extension of the cut off period. Marine Safety Director Robert Reed discussed the blackball.. system. Miss Bob Walker spoke from the audience in opposition to any expanding of surfing regulations.. Councilman Forgit made a motion to disallow Resolution 6582, a resolution designating surfing areas and establishing regulations relating thereto, and repealing Resolution No. 6347. Mr. Ralph Watson and Mike McLellan spoke from the i audience suggesting no change in present regulations. Councilman Shelton made a substitute motion to adopt Resolution 6582 with additional language amended to lengthen the area from 18th Street to 20th Street, which motion was withdrawn. Councilman Forgit withdrew his motion. Councilman Shelton made a motion to diary the matter Motion for June 26, and to direct the City Attorney to prepare a draft resolution expressing a system of control by the black ball method with the areas being established, but surfing hours controlled by the blackball system. Roy Bates and Dorothy Hutchens spoke from the audience opposing the proposed blackball system. A vote was taken on Councilman Shelton's motion, Ayes x x x x x x which motion carried. .Mayor ATTEST: i City Clerk Page 329 I Index u i\delmnds IAA Atzfnn 70 107 • !see Root Study CA 158 CAA 49 Olms_dmgs • OA 84 Hayes CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 330 a C xl 2. The following letters regarding tidelands taxation were Motion x referred to the Tidelands Revenue Committee: Ayes x x x x x x 3 (a) A letter dated June 7, 1967 from William O. Muff opposing taxation of tidelands users and sug- gesting that the City set aside an area in the bay for lease to private parties for the purpose of contracting floating slips to rent as a means of additional revenue. (b) A letter dated May 29, 1967 from Orange County Harbor District transmitting a policy statement adopted by the Orange County Harbor Commission regarding Newport Beach Tidelands Report. (c) A letter dated May 31, 1967 from Phil Tozer, Pres., Davey's Locker, Inc. protesting taxation of commercial users of Newport Harbor tidelands. 3. The following letters were ordered filed: Motion x Ayes x x x x x (a) Letters protesting the proposed removal of established trees in the City from the following: Richard A. Barron, Mrs. Anne Crowl, Mrs. Harry Kelso, Wayne Crowl, members of the Junior Ebell Club, and a letter received June 12 from Roger Hardacre. (b) A letter dated June 6, 1967 to the City Attorney from Allen Grimes, City Attorney of Beverly Hills, commenting on the lawsuit entitled "Bieck v. City of Beverly Hills ", which resulted in a judgment against the city for liability for damages resulting from a falling tree. 4. The City Clerk's referral of the following matters to Motion x the insurance carrier was confirmed: Ayes x x x x x x (a) Claim of Virginia Hayes for damages for personal injuries allegedly sustained when she slipped or tripped on a portion of sidewalk in the vicinity of 201 Marine Avenue, Balboa Island, on or about March 2, 1967. oe l ayor ATTEST: City Clerk � my Page 330 I C xl CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 331 Index June 12, 1967 (b) Claim of Roger L. Stine for damages to his car Stine allegedly caused on May 31, 1967 by two large branches falling from a tree in the 200 block on Marine Avenue, Balboa Island. (c) Claim of George Koop for damages to his car hoop allegedly sustained when his car was involved in an accident with a City trash truck on March 26, 1967. 5. A letter dated May 26, 1967 from Brian R. Carter Broadway stating his belief that the Newport Center's Broad - Sign way sign at night destroys the Newport area coast- line scenery and suggesting the Council consider CA 103 "taking remedial action which will cause the Broadway store to reduce the overpowering effect of that particu- lar commercial sign ", was considered. • Councilman Marshall made a motion to refer the subject letter to the Building Department. City Manager Harvey Hurlburt requested that the said letter be referred to the Planning Department, and Councilman Cook requested that the report be brought back to Council, which amendments Councilman Marshall accepted. A vote was taken on Councilman Marshall's amended motion to refer subject letter to the Planning Depart- ment for report back, which motion carried. ATTEST: I' :10 MR /mod Page 331 Motion Ayes Motion Ayes Motion Ayes X X x Ix x 6. A statement from Robert Grunwald & Associates for Grunwald services rendered in regard to alternate alignments statement G-1114.P for the Newport Freeway was ordered filed. CA 69 7. A letter addressed to Mayor Gruber dated May 24, 1967 from Southern California Rapid Transit District TrMit enclosing copy of Assembly Bill 2092, Transportation Dev Act. Development Act regarding removing gasoline from CA 107 its present sales -tax exempt status and asking Council's support of said bill, was ordered filed. ATTEST: I' :10 MR /mod Page 331 Motion Ayes Motion Ayes Motion Ayes X X x Ix x Index June 12, 1967 F_19 a]a]I Tree Root 1. I' Study I c CA 158 J CA 49 Budget BUD( Amendments 1. 1 CA 102 C C f I . was directed that the Tree Root Study and Retention a • r a a Motion l I a 1 i I I AT 0 CITY OF NEWPORT BEACH Volume 20 - Page 332 COUNCILMEN (�0"\-oso'c0pe, Vor rIONAL BUSINESS: . was directed that the Tree Root Study and Retention f Parkway Trees Policy, diaried on May 22 for Motion x une 26, be rediaried on June 26 for July 10. Ayes x x x x X x x IET AMENDMENTS: 'he following Budget Amendments were approved: Motion x Ayes xxx xxxx -70, $51, 630. 66 increase in Unappropriated Surplus; 154, 962. 66 from Estimated Revenue Control -Sale f Property and $103, 332. 00 Surplus Appropriated :)r Notes Receivable for the sale of City -Owned Water 'ront Property $155, 000 under Resolution No. 6497 nd reserving balance due ($103, 332) under installment otes(purchased by Anthony Pools, Inc., and inciden- t costs ($37. 34) charged as revenue abatement. ) : -71, $117,000 increase in Unappropriated Surplus nd a decrease in Budget Appropriations from State was Tax to General Services -Field Maintenance, ,and Improvements, Improvement Jamboree -Ford to 'alisades for return to surplus Jamboree Road Impro- ement (Ford Road to Palisades Road) project appropr - tions. (This project has been rebudgeted in 1967 -68.) : -72, $63, 000 decrease in Unappropriated Surplus an n increase.in Budget Appropriations from State Gas 'ax to Public Works - Electrical Land Improvements, 'raffic Signal- MacArthur & San Joaquin for City's hare of construction of Newport Center traffic signals n San Joaquin Hills Road at MacArthur and Santa .osa Drive. (This project is budgeted in 1967 -68 but All be let in 1967.) -73, $11, 000 increase in Budget Appropriations, 'ublic Works - Electrical, Land Improvement, Traffic ,ignal- MacArthur and San Joaquin, and in Revenue ,stimates, Donations and Contributions from Unappro riated Surplus, Capital Improvement for Irvine Com- iany contribution and participation of construction of Nwport Center traffic signals on San Joaquin Hills Load at MacArthur Boulevard and Santa Rosa Drive. ayor rES T: i - City Clerk Page 332 I Index W r1 CITY OF NEWPORT BEACH Volume 20 - Page 333 June 12, 1967 COUNCILMEN s \OCI oyo'O r `Z KAKI C -74, $37, 000 increase in Budget Appropriations, General Services -Field Maintenance, Land Improve- ments, Reconstruct 16th - Irvine to Seagull, and in Revenue Estimates, Donations and Contributions from Unappropriated Surplus, Capital Improvement for Newport -Mesa Unified School District ($23, 000) and City of Costa Mesa ($14, 000) contributions toward reconstruction of 16th Street from Irvine to Seagull. C -75, $11, 500 increase in Budget Appropriations, General Services -Field Maintenance, Land Improve- ment, Reconstruct Placentia at Production, and in Revenue Estimates, Donations and Contributions from Unappropriated Surplus, Capital Improvement for Orange County Road Department contribution toward the reconstruction of Placentia at Production Place. C -76, $6,000 decrease in Unappropriated Surplus and an increase in Budget Appropriations, General Serv- ices -Field Maintenance, Reconstruct Placentia at Production from State Gas Tax for additional funds for the reconstruction of Placentia at Production Place. 2. The following Budget Amendments were approved: Motion I x Ayes x x x x x C -77, $1, 717. 38 increase in Budget Appropriations from Unappropriated Surplus to General Services - Field Maintenance -Land Improvement -Dover Drive - Westcliff and 16th Street for additional funds for repair of pavement and curb on Dover Drive between West - cliff and 16th Street to be provided by Orange County Sanitation District #6. C -78, $25,000 increase in Unappropriated Surplus and a decrease in Budget Appropriation, General Services Field Maintenance, Land Improvement, Irvine -Santa Isabel to Tustin for transfer of appropriations from State Gas Tax Fund Section 2107 to State Gas Tax Fund Section 186 as a result of simplification of Administra- tion of Section 186 funds to be used for realignment of Irvine Avenue from Santa Isabel to Tustin. C -79, $28, 000 decrease in Unappropriated Surplus and an increase in Budget Appropriations, General Services -Field Maintenance, Land Improvement, re- appropriation of funds ($25, 000) transferred from Gas Tax Fund Section 2107 for realignment of Irvine Avenue from Santa Isabel to Tustin. m� yor ATTEST: �An /Y //dry Oa Jf - ®J —� City Clerk Poge 333_ I r `Z KAKI CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 334 Index June 12, 1967 \Oc� N � � P 5 �G a A CA 39 CA 83 CA& I CA 83 CA 73 Cot 83 CA 65 CA 83 • �A 61 64 36 0- C -80, $750 transfer of Budget Appropriations from Police Regular Salaries to Equipment N. O. C. for purchase of auxiliary generator and public address system for multi - purpose police van. COMMUNICATIONS - ADVISORY: 1. The following communications were ordered filed: Motion Ayes x x x (a) A letter dated May 25, 1967 from Norma and Lester Rucker expressing appreciation to the Newport Beach Police Department and especially thanking Officer Amburgey and Officer Hamilton for their outstanding performance... (b) A letter dated May 19, 1967 from Mrs. Frances Vernallis, Alhambra High School, commending Captain Reed and his staff for prompt action in rescuing several of their young people who had been caught in a rip -tide. (c) A letter dated June 5, 1967 from Orange County i Heart Association thanking the Mayor and Council and commending the Fire Chief and Fire Depart ment for their successful efforts to raise money for the Heart Fund. (d) A letter dated June 6, 1967 from Julia P. Landers thanking Council for Certificate of Appreciation presented to her at annual meeting of the Friends of the Newport Beach Public Library and stating that recognition belongs to all the fine people of Newport Beach in many civic groups who strive to make Newport Beach the fine city it is. (e) A letter dated May 21, 1967 from A. Lavina Williamsen commending the Newport Beach Lifeguard Department for their increased protect- ion of the public. (f) A copy of a letter dated June 5, 1967 to the Public Utilities Commission from Clinton Rygel protest- ing additional flights out of the Orange County Airport. Mayor ATTEST: l City Clerk Page 334 x X CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 335 s V Y c+ i r m Index June 12, 1967 •_ (g) A copy of an application before the Public Utilities Commission by Los Angeles Airways, Inc. to CA 36 increase Intrastate air fares. CA 66 (h) A letter dated June 6, 1967 from the City of Tor- rance enclosing a copy of Assembly Bill 1705 which would provide a minimum salary for Counci - men in both Charter and General law cities. (i) The Orange County Press Club Reporter for May, CA g79 1967. CA 69 (j) A letter addressed to Mayor Gruber dated May 22, 1967 from the California Highway Commission stating they had authorized the Division of High - ways to make a study of proposed relocation of Route 55 and after considering study will decide whether to formally reopen studies of location of Route 55. (k) A letter dated June 2, 1967 from David L. Baker, CA 53 Chairman of the Orange County Board of Super- visors, regarding Orange County Street Naming . Committee Progress Report, enclosing copy of report and extending their appreciation for co- operative effort taken by cities toward achieving objectives of the Committee. (1) P resolution of the Board of Supervisors of Orange CA 53 County endorsing location of Navy's Undersea Warfare Center at Los Alamitos and requesting the cities of Orange County to support same. (m) League of California Cities: w. 55 1. Orange County Division, Executive Board Minutes of May 11, 1967 meeting and General Meeting of May 25, 1967. Z. Fifth and Final Legislative Digest, dated May 29, 1967. 3. Legislative Bulleting of June 2, May 29 and May 19, 1967. 53 (n) Copies of Agenda of meetings of the Orange Count Board of Supervisors for May 22, 31 and June 6, 1967. �� yor ATTEST: Q� City Clerk Page 335 i CITY OF NEWPORT BEACH Volume 20 - Page 336 Index June 12, 1967 COUNCILMEN A y p C O m A A Z ^ O a (o) Notice of public hearing before Public Utilities Commission regarding Application No. 49378 36 of the South Coast Transit Corporation for author- ity to re -route and extend its Huntington Beach - Santa Ana - Orange Service and to re -route its Santa Ana - Newport- Balboa- Laguna Beach Service, to be held at 10:00 A. M. , July 18, 1967 in the Council Chambers, City Hall, 217 North Main Street, Santa Ana, California. Councilman Marshall requested that Item K, COMMUNI- rA 70 CATIONS - REFERRALS, Item 2, Tidelands be reconsider d and that the letter dated May 29, 1967 from the Orange County Harbor District transmitting a policy statement adopted by the Orange County Harbor Commission regard- ing Newport Beach Tidelands Report, which had been previously referred to the Tidelands Revenue Committee, Motion x be referred to the staff for reply. Ayes x x x x x x Mayor Gruber's request for permission to be out of the Motion i x C A 93 State from June 15 to July 5 , 1967 was granted. Ayes X X X X X X X w 91 Councilman For git's request for permission to be out of Motion x the State from June 15 to July 5, 1967 was granted. Ayes X X X X X X N Mayor Gruber stated that the regularly scheduled Study Session for June 19, 1967 would not be held. The meeting was adjourned at 11:45 P. M. Motion x Ayes x x x x x I , Mayor ATTEST: el a City Jerk Page 336 .