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HomeMy WebLinkAbout02/14/1967 - Regular MeetingIndex ie CITY OF NEWPORT BEACH Volume 20 - Page 191 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: February 14, 1967 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers Roll Call: The reading of the Minutes of the Regular Meeting of January 23, 1967 was waived, and said Minutes were approved as written and ordered filed. HEARINGS: Pub hgg 1. Mayor Gruber opened the public hearing regarding U °P. 1242 the appeal of Paul E. Hadley from the decision of Hadlegr the Planning Commission denying Application for Use Permit No. 1242, which requests approval to have access from Seashore Drive to a parking lot CA -15 previously established under Use Permit No. 1215 at Buzzy Burger, 5801 West Coast Highway, Newport Beach, Lot 2, Tract 4400, Zones R -3 and C -1. Appeal letter dated January 18, 1967 from Paul E. Hadley and the findings of the Planning Commission were presented. The City Clerk presented a letter which had been received at 7:25 P.M. on February 14, from W. C. Schumann with an attached list of purported property owners protesting subject Use Permit and enclosing photographs of subject property. Planning Director Ernest Mayer, Jr. reviewed the findings of the Planning Commission. Mr. W. C. Schumann spoke from the audience and protested subject request. The hearing was closed. The findings of the Planning Commission were sustained, and Use Permit No. 1242 was denied Pub hgg 2. Mayor Gruber opened the public hearing in connection 0 °1203 with Ordinance No. 1203, being, CA-10 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 26, _ A ATTEST: ayor City Clerk Page 191 Present Motion Ayes COUNCILMEN M Motion X Ayes X X X x Motion Ayes x x x X Noes X X X X X X Index February. 14, 1967 4- Harb Permit A -1486 CA -130 __ CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 192 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). Attorney Gordon Richman, representing Mrs. Mild3 Stanley and the First Western Bank and Trust Com- pany as Trustee under the Will of Earl W. Stanley, deceased, spoke from the audience and requested a thirty day continuance of the public hearing. The public hearing was continued to March 13, 1967. At the request of Dr. R. W. Kerns, and with the consent of the Council, Harbor Permit Application No. A -1486 was considered at this time. APPLICATION FOR HARBOR PERMIT: A memorandum was presented from the Public Works Director dated February 14, 1967 regarding Harbor Permit Application No. A -1486 of Southwestern Capital Corporation to construct a concrete sea wall and dredge bayward of fun zone property (Block B -7, Bayside Tract). Dr. R. W. Kerns, President of the Southwestern Capital Corporation, spoke from the audience. John W. Olson, operator of the Fun Zone, spoke in favor of proposed bulkhead. A discussion was had. Harbor Permit Application No. A -1486 was granted, subject to the following conditions recommended by the Public Works Director, as amended: 1. That the owner dedicate a 10' wide easement adjacent to the U.S, bulkhead line exclusive of the coping for public walkway and public ease- ment purposes; 2. That the City contribute one -third of the cost of dredging and constructing a bulkhead across the street end at Washington Street; 3. That the City be responsible for the relocation of the existing City -owned street light and any streel end surface improvements; ATTEST: City Clerk Page 192 yor Motion Ayes Ix x Motion x Ayes xx I xxx I x A Index February 14, 1967 0 01204 '0 CA -135 0 -1202 CA -10 ,0 CITY OF NEWPORT BEACH Volume 20 - Page 193 4. That the length of the concrete slabs be increased to 20 feet at the street ends; and 5. That the existing sidewalk be kept open for public use until an easement to the City has been ap- proved and dedicated. It was agreed that completion of the work should be accomplished within six months. The regular order of the agenda was resumed. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1204, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING SECTION 15.16. 040 AND AMENDING SECTIONS 15. 16. 050, 15. 16. 060 AND. 15. 16. 140 OF TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE TO ABOLISH THE BOARD OF ADJUSTMENTS AND TO TRANSFER THEIR FUNCTIONS TO THE PLANNING COM- MISSION, 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. 1204 was adopted. 2. 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 for second reading. With the unanimous consent of the Council, Mayor Gruber stated that the further reading of the ordinance was waived. Ordinance No. 1202 was adopted. ATTEST: City Clerk A'A Page 193 COUNCILMEN Motion Roll Call: Ayes Motion Roll Call: Ayes C. x Index February 14, 1967 01205 CA -10 .90 01206 CA -12 01207 .0 CA-10 CITY OF NEWPORT BEACH Volume 20 - Page 194 ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1205, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING ORDINANCES NOS. 1174 AND 1199 WHICH ESTABLISHED CERTAIN INTERIM ZONING REGULATIONS PROHIBITING OUTDOOR RESTAURANTS AND DRIVE IN OR TAKE OUT RESTAURANTS IN COMMERCIAL ZONES, was presented with a memorandum from the City Attorney dated February 9, 1967. Ordinance No. 1205 was introduced and passed to second reading on February 27, 1967. 2. Proposed revised Ordinance No. 1206, 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 MUNI- CIPAL 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 February 10, 1967. Ordinance No. 1206 was introduced and passed to second reading on February 27, 1967. 3. Proposed Ordinance No. 1207, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ESTABLISHING A SETBACK LINE AND AMENDING DISTRICT MAP NO. 14, Planning Commission Amendment No. 229 filed by Mr. and Mrs. L. H. Janssen to amend Districting Map No. 14 in order to reduce the front yard set- T TEST: Page 194 yor COUNCILMEN Motion Roll Call: Ayes Motion Roll Call: Ayes Z� X X X x x x Index February 14, 1967 CA Prop sale to Blaich 0 CA -38 Fwy Cmte Report CA -69 LJ Apptmts City Arts Cmte CA -60 r1 U CITY OF NEWPORT BEACH Volume 20 - Page 195 backs from 10 feet to 8 feet on Lots 17 thru 26, Block 2, Section 2, Balboa Island, located at 108- 110 -112- 114 -116- 118 - 120 - 122 -124 -126 Ruby Avenue, was presented with the findings of the Planning Commission. Ordinance No. 1207 was introduced and set for public hearing on February 27, 1967. CONTINUED BUSINESS: 1. A memorandum was presented from the City Attorney dated February 10, 1967 regarding sale of City - owned property to John A. Blaich. The following resolutions were adopted: (a) Resolution No. 6510 finding that certain City - owned water front is not suitable for use as a public beach or park. (b) Resolution No. 6511 authorizing the execution of a Grant Deed to John A. Blaich. 2. A report of the Freeway Committee dated February 9, 1967 was presented. Councilman Rogers made a motion to authorize the Freeway Committee to negotiate with DeLeuw, Cather & Company for the necessary planning and engineer- ing studies of the proposed realignment of the Newport Freeway along Superior Avenue for presentation to the Highway Commission. A discussion was had A vote was taken on Councilman Rogers' motion, which motion carried. CURRENT .BUSINESS: 1. A memorandum dated February 6, 1967 from the Committee for Appointments recommending appoint- ments to the Newport Beach City Arts Committee, ,T TEST: Clerk Page 195 COUNCILMEN Motion Roll Call: Ayes Motion Roll Call: Ayes Motion Ayes Noes xi x CITY OF NEWPORT BEACH Volume 20 - Page 196 Index February 14, 1967 was presented with a letter of resignation dated January 31, 1967 from Herbert S. Griswold and a letter dated January 31, 1967 from Mrs. William L. Stabler, Chairman of the Newport Beach City Arts Committee, requesting that Mrs. Virginia Whitehouse be appointed as a member of the Newport Beach City Arts Committee to replace Mrs. Sarah Richardson and that Mr. Tony De Lap be appointed to fill the unexpired term of Mr. Herb Griswold. The resignation of Herbert S. Griswold was accepted and it was directed that a Certificate of Appreciation be sent to him for his services on the Committee. Mrs. Virginia Whitehouse was appointed as a member :'.i tehous of the Newport Beach City Arts Committee for a full & three year term expiring January 1, 1970, and Mr. o�R'ar Tony De Lap was appointed to fill the unexpired term of Mr. Griswold which expires January 1, 1969. It was directed that the Mayor send a Certificate of Appreciation to Mrs. Sarah Richardson. Mrs. Sarah Richardson was highly commended for her many years of service on the Committee and for her outstanding job of keeping the City libraries supplied with fine exhibits from the community. 1 ^rcent I 2. A memorandum was presented from the Public Works Harbor Director dated February 14, 1967 regarding the island- acceptance of construction of the Harbor Island - Linde Linda Isle submarine water main (C1063). gsle sub ._tr Subject work was accepted, and the City Clerk was C =1063 authorized to file a Notice of Completion and to CA-12 release the bonds 35 days after Notice of Completion has been filed. Arce t 3. A memorandum was presented from the Public Works gip r Director dated February 14, 1967 regarding the Seashore acceptance of improvement of Seashore Drive from Dr-55th 55th Street to Orange Avenue. St to Orange Subject work was accepted and the City Clerk was Ave. authorized to file a Notice of Completion and to 01066 release the bonds 35 days after Notice of Completion CA -29 has been filed. _ ATTEST: City Clerk Page 196 yor Motion Ayes Motion. Aye s Motion Ayes Motion Ayes Motion Ayes COUNCILMEN r� 0 11 CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 197 s 9 in O 9 m Index February 14, 1967 N rr A �1 V� J Barricade on Lugoni at Sea- shore Dr re C °1066 CA-29 Accept imp Tr 6113 CA-23 Pvmnt & sidewalk imp,CdK City & St Bch Prk E° e° C° SO R °6512 Sully - Miller CA-49 to 4. A memorandum was presented from the Public Works Director dated February 14, 1967 regarding a barricade construction on Lugonia at Seashore in connection with the improvement of Seashore Drive (C- 1066). Winston W. Hall, Doris Boisseranc, W. E. McNair, Margaret Hall, Robert Pattison and Helen McNair spoke from the audience opposing a barricade on Lugonia Street at. Seashore Drive. Councilman Forgit made a motion to diary the matter Motion for April 10, 1967, John Shea spoke from the audience and suggested that a safety zone be installed. A vote was taken on Councilman Forgit's motion and Ayes x x x x x the matter was diaried for April 10, 1967. 5. A memorandum was presented from the Public Works Director dated February 14, 1967 regarding the acceptance of improvements in Tract 6113 (Broad- i moor - Harbor View Hills). The public improvements constructed in conjunction with Tract 6113 were accepted, the City Clerk was Motion authorized to release the Faithful Performance Bond Ayes x x x x x and to release the Labor and Material Bond in six months provided no claims have been filed (Ref. Section 11612, Subdivision Map Act). 6. A memorandum was presented from the Public Works Director dated February 14, 1967 regarding the receipt of eight bids by the City Clerk on January 26, 1967 in connection with the pavement and sidewalk additions at Corona del Mar City and State Beach Park (C- 1080). Resolution No. 6512, awarding a contract for the construction of pavement and sidewalk additions at Corona del Mar City and State Beach Park to Sully- Motion Miller Contracting Company at the contract price of Roll Call: $5, 786. 70, was adopted. Ayes x x x x x v ayor ATTEST: City Clerk Page 197 Index February 14, 1967 Traffic signal San Joaq% dills Rd C -1108 DeLeuw Cather & Co auth CA -19 Chg ord No. 1 C -1064 Bayside E PCH -Aloha CA -29 wate Mai replacemt Frog 1966 -67 C -1067 extra wk CA-12 Consultns for Libr Boar 01109 Harold R. Hami l l CA -65 CITY OF NEWPORT BEACH Volume 20 - Page 198 7. A memorandum was presented from the Public Works Director dated February 14, 1967 regarding design of traffic signal at the intersection of MacArthur Boulevard and San Joaquin Hills Road. The staff was authorized to retain the firm of DeLeuw: Cather & Company to design traffic signal at the intersection of MacArthur Boulevard and San Joaquin Hills Road for a maximum fee of $3, 000. 8. A memorandum was presented from the Public Works Director dated February 14, 1967 regarding widening of Bayside Drive, .Coast Highway to Aloha Drive (C- 1064), Change Order No. 1. The Public Works Director's approval of Change Order No. 1, Contract No. 1064, was confirmed 9. A memorandum was presented from the Public Works Director dated February 14, 1967 regarding the Water Main Replacement Program of 1966 -67 (C- 1067). Extra work in the approximate amount of $1, 900 for the insertion of three valves in the existing main in Park Avenue, Balboa Island, was approved. 10. A letter dated February 8, 1967 from the Board of Library Trustees regarding the employment of a qualified consultant to assist the Board, in a purely advisory capacity, in its study and recommendation relative to the need for a headquarters library in the proposed new Civic Center, was presented. The City Manager was authorized to enter into an agreement with Mr. Harold L. Hamill for consulting services with the Library Board, at the rate of $15 per hour plus out -of- pocket expenses with a maximum compensation not to exceed $1000; the scope of said services to include recommendation on the feasibility of a library building in the proposed Civic Center and the impact of such a facility on other related branch libraries; and the Board of Library Trustees was authorized to use the consultant in regard to broad long -range recommendations as to the develop- ment of the Library system. ATTEST: Page 198 yor Motion Aye s Motion Ayes Motion Aye s Motion Aye s COUNCILMEN x x 1111111© xix CITY OF NEWPORT BEACH Volume 20 - Page 199 Index February14,_1967 11. A memorandum was presented from the Public Works purch Department dated February 14, 1967 regarding the prkg purchase of parking meters. meters C °1103 The specifications were approved and the City Clerk CA -20 was authorized to advertise for bids to be opened at 10:00 A. M, on March 7, 1967. R -6513 12. Resolution No. 6513, declaring that weeds and other weed public nuisances exist upon streets, alleys, sidewalks abatemt parkways, and private property within the City, declaring that said weeds and public nuisances must CA -11 be abated, setting the time and place for a public hearing at which the City Council will consider protests from persons objecting to the proposed destruction or removal of such public nuisances by the City, and directing the Fire Chief to give notice of the passage of this resolution and of the public hearing; setting said public hearing for March 13, 1967 at 7:30 P. M. , was adopted. 13. A report was presented from the City Manager dated Tree goo dmg to February 14, 1967 on tree root damage to public and prgv prop private property. CA -158 William Grundy, Chairman of the Parks, Beaches and Recreation Commission, requested a continuance of the matter to give the Commission an opportunity to study the matter further. Councilman Rogers made a motion to refer the City Manager's recommended four -point program to the Parks, Beaches and Recreation Commission for study and to be brought back in sixty days. Councilman Cook made a substitute motion to refer the matter to the Parks, Beaches and Recreation Commission and action to be taken in thirty days. A vote was taken on Councilman Rogers' motion, which motion carried. Ted Witmer, member of the Parks, Beaches and Recreation Commission, spoke in favor of retaining trees for beautification of the City. ATTEST: Page 199 yor COUNCILMEN Motion Ayes Motion Roll Call: Aye s Motion Ix x Motion Aye s Noes x x Ayes x x Noes X Ea X CITY OF NEWPORT BEACH COUNCILMEN Volume 20 -,Page 200 Index February 14, 1967 14. A memorandum was presented from the Public Works Ac pt Director dated February 14, 1967 regarding accept- Storm ance of storm drain construction of 1966 -67 (C -976). Drain Const C -976 Subject work was accepted and the City Clerk was authorized to file a Notice of Completion and to CA -154 release the bonds 35 days after Notice of Completion has been filed. Tr 5877 15. A memorandum was presented from the City Attorney & 6227 dated February 10, 1967, regarding Tracts Nos. 5877 and 6227 - The Bluffs. Councilman Cook made a motion to adopt Resolutions CA -23 No... 6514 and No. 6515. Mr. William Holstein spoke from the audience. A vote was taken on Councilman Cook's motion and the following resolutions were adopted: R -6514 (a) Resolution 6514 authorizing the execution of a Notice to Vacate Declaration of Covenants, Conditions and Restrictions imposed upon Tracts Nos. 5877 and 6227. R =6515 (b) Resolution No. 6515 authorizing the execution of a Notice of Addition of Territory for Tracts Nos. 5877 and 6227 under the declaration of Covenants, Conditions and Restrictions applicable to Tracts Nos. 5463, 5480 and others. Further discussion was had regarding The Bluffs. It was the consensus of the Council that a staff report should be brought to Council by April 10, 1967 re- lating to easement problems in the common area of • The Bluffs. 16. A memorandum was presented from the City Manager New dated February 10, 1967 regarding Council Policy annexatn policy statement relative to conditions to be studied when considering new annexations. CA -108 The matter was diaried for ATTEST: / / City Clerk V 27, 1967. Page 200 yor Motion Aye s Abstain Motion Roll Call: Ayes x Motion x Ayes x x x x x a� 0 i1 Index February 14, 1967 LJ Civic Center Selecti Cmte CA -88 CA -60 • Lic appl CA -63 Prince Auction- eers Barb Permit • A -1485 CA -130 • CITY OF NEWPORT BEACH Volume 20 - Page 201 17. Mayor Gruber nominated Councilman Rogers as Chairman, Councilmen Marshall and Shelton as Council members and David W. Curtis and John H. Jakosky, Jr., as Planning Commission members of the Civic and Cultural Center Complex ad hoc Committee for Site Selection. The nominations of Mayor Gruber were approved and Councilman Rogers was appointed as Chairman, Councilman Marshall, Councilman Shelton, David W. Curtis and John J. Jakosky, Jr. , were appointed as members of the Civic and "Cultural Center Complex ad hoc Committee for Site Selection. The Council Procedures Committee was requested to study the advisability of the Mayor appointing the chairman of Council Committees. APPLICATIONS FOR LICENSE: I.. The'following.applications for licenses were approved: (a) Ernest B. Zimmerman, owner of Zimmerman Catering, 15193 Moran Street, Westminster, for catering truck or mobile food service to serve industrial locations. (b) Alexander R. Meehan,;. Se cretary- Director of Prince Auctioneers, Inc., 8630 Wilshire Blvd., Beverly Hills, for one -day auction of real property only, located in Oceanside, at the Newporter Inn on February 17, 1967. APPLICATIONS FOR HARBOR PERMIT: 1. A memorandum was presented from the Public Works Director dated February 14, 1967 regarding Harbor Permit Application No. A -1485 of Hugh Sutherland IV to add a slip to the existing float bayward of Lot 7, Bay Island. Harbor Permit Application No. A -1485 was approved, subject to the conditions recommended by the Public Works Director. Mayor ATTEST: Page 201 Motion Ayes Noes Motion Ayes Motion Ayes COUNCILMEN x xix Ix ix 0 12 x I Ye Ca fx re CA Di as re C4 Cl dii C! 0 H: CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 202 a o y AN p o m m ovmoAra 1A 10f,7 ,Zip rr P Z . 2. Harbor Permit Application No. A -1486 was considere earlier in the evening immediately following the Public Hearings. (See Pages 192 and 193) COMMUNICATIONS - REFERRALS: 11ow 1. A letter dated January 27, 1967 from the Yellow Cab b of Newport and Costa Mesa, Inc. petitioning the anchise Council to grant it a franchise to operate, maintain quest and conduct a public transportation business by taxi - -25 cab over, along and upon all of the streets of the City of Newport Beach,, and requesting a rate increase of 10� per mile, was presented. The matter was referred to the staff for study and Motion x report. Ayes x x x x x x x Mr. Herman Tate, President of the Yellow Cab of Newport and Costa Mesa, Inc. , spoke from the audience. 2. A petition dated January 23, 1967 from Dr. Allen D. Unvert Unvert asking that annexation proceedings be com- inex menced on the property bounded by Tustin Avenue, !q Irvine Avenue, 21st Street and 22nd Street, was presented. k-108 The matter was diaried for February 27. Motion x Ayes xx xxx xx .ms for 3. The City Clerk's referral of the following claims for .. 1gs damages to the insurance carrier was confirmed: Motion x s-84 Ayes x x x x x x x (a) Claim of Calvin L. Blaine for alleged damages on ,aine December 20, 1966 when sewage backed up at 422 Redlands Ave., Newport Beach allegedly • caused by a broken sewer line in the alley. auge (b) Claim of Melvin L. and Jean Ann Hauge for alleged damages on November 7, 1966 allegedly resulting from a stoppage in the flood control system adjacent to the Hauge residence. ayor ATTEST: City Clerk • Page 202 I CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 203 s p � O Index February 14, 1967 X X X 4. A letter dated January 23, 1967 from Seal's Ambu- seal °s lance Service stating that due to rising costs of .kmbulance insurance and salary increases, they find it necessary req for to increase their mileage charges from $1, 00 to rate inc $2. 00 per mile with basic rate remaining the same, CA-110 was presented. Councilman Shelton made a motion to diary the Motion matter for February 27 at which time any protests or objections to proposed rate increase may be heard and to direct the staff to report back at that time. Larry Seal, owner of Seal's Ambulance Service, spoke from the audience. A vote was taken on Councilman Shelton's motion. Ayes X X X X X X 5. A letter dated January 26, 1967 from Mrs. Samuel It Brusca, 3944 Ramona Drive, Riverside stating that Sgusca re apt in they own a house at 511 Acacia Ave. , Corona del R-2 Zone Mar, which is in a R -2 zoned residential area, and that a two -story four- apartment building has been CA -10 constructed at 509 Acacia, was referred to the staff Motion for reply. Ayes X X X X X X Flood Con Flood Cont 6. A letter from the Citizens Committee for Flood Dist Control and Water Conservation dated February 7, , Issue 1967 enclosing a sample resolution supporting the CA -54 Orange County Flood Control District Bond Issue to be, submitted to voters at a special election on March 21, and urging the City Council to adopt a similar resolution, was considered. The City Attorney was directed to prepare a reso- Motion X lution supporting subject Bond Issue to be presented Ayes X X X X X X • at the meeting of February 27, 1967, Req for 7. A letter dated February 91 1967 from Finn Ole Olsen hot dog requesting permission to obtain a business license stand on to. operate a Scandinavian hot dog stand on City City prlcg parking area property on the beach by the Balboa Pier area was presented. CA -35 Subject request was denied. Motion x elor Ayes X X X X X X ALlayor ATTEST: City y C Cllerk iJ Page 203 X X X CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 204 p p O p Z r m O C 0 Index February 14, 1967 8. A letter dated February 9, 1967 from the Newport Harbor Chamber of Commerce regarding an In- CofC formation and Pictorial Brochure for Newport Beach brochure and requesting City participation in the financing of req such a brochure was considered. Mr. Michael CA -96 Myers, Chairman of Brochure Committee of the CA -176 Newport Harbor Chamber of Commerce, spoke from the audience. Councilman Rogers made a motion for the Mayor to Motion x appoint a committee to examine the City's needs and aims along such lines, and to work with the Chamber of Commerce in that respect. A discussion was had. A vote was taken on Councilman Rogers' motion, Ayes x x x x x which motion carried. Noes x x • Mayor Gruber nominated Mayor Pro Tern Marshall and Councilman Rogers as members of the Com- mittee. Comte & The nominations of Mayor Gruber were approved and Motion Indus. Mayor Pro Tern Marshall and Councilman Rogers Ayes x x x x x x 34 Promotional were appointed as members of the Commercial and Stdy Cmte CA -60 Industrial Promotional Study Committee. 9. A letter dated January 20, 1967 from B. H. Miller "For sale" Construction Co, stating that they were asked to sign remove "For Sale" signs from lots in Tract 4224 under sign law while signs of other builders were Motion x CA -103 allowed to remain standing, was ordered filed. Ayes : x x x x x x ADDITIONAL BUSINESS: lei 1. The following Minute Resolution was adopted: Motion r min Res. Roll Call: re The City Council is concerned about Ayes x x x x x x Violation orris by recurring evidence that both the spirit unauth and the letter of City ordinances are addn of violated by the unauthorized or unintended dwelling addition of dwelling units on lots in resi- units in dential zones. The result is overbuilding resid zon s CA -10 Mayor ATTEST: 6a � City Clerk i Page 204 Index February 14. 1967 10 Budget Amendmts CA-102 0 • CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 205 s F y P c m O T m and overcrowding of property with corres- ponding burdens on existing streets, parking space, and utilities, and destruction of neighborhood character and value. The solution to eliminating these abuses appears to require both vigorous enforcement of existing ordinances and possibly new legis- lation to strengthen the City's means of con- trol. The City Manager is hereby requested to recommend an appropriate action program to deal with this problem. BUDGET AMENDMENTS: 1. A memorandum from the City Manager dated February 10, 1967 relative to mid -year budget amendments was ordered filed, and the following Motion x Mid -Year Budget Adjustments were approved: Ayes x x x x x C -35, $1,072.86, being an increase in Unappropri- ated Surplus - General Fund, as a result of actual i expenditures on Balboa Sewer Main Replacement Program being less than amount appropriated. C -36, $45, 213. 02, being a net decrease in Unappropriated Surplus, a net decrease in Budget Appropriations of $73, 151. 98, and a decrease in Revenue Estimates of $118, 365. 00 in Cigarette Tax, Sales Tax, and Sale of Street Material, General Fund. C -37, $5, 501. 67, being a net increase in Un- appropriated Surplus, a net increase in Budget Appropriations of $2,068.33, and an increase in Revenue Estimates of $7, 570. 00 in Recreation Service Fees, Park and Recreation Fund. C -38, $4. 00, being a net increase in Unappropri- ated Surplus, and a net decrease in Budget Appropri- ations of $1, 073. 50, and a decrease in Revenue Estimates of $1, 069. 50 in Library Fines, Library Fund. C -39, $33,365.00, being an increase in Unappropri- ated Surplus, and an increase in Revenue Estimates, from Municipal Court Fines, Traffic Safety Fund. Mayor ATTEST: -P�'City Clerk Page 205 I 61 xix Index LIN Budget Amendmts fA =102 • • • CITY OF NEWPORT BEACH Volume 20 - Page 206 February 14, 1967 C -40, $7,675.00, being an increase in Unappropri- ated Surplus and an increase in Revenue Estimates from Parking Meters Receipts, Parking Meter Fund. C -41, $3, 195. 00, being an increase in Unappropri- ated Surplus and an increase in Revenue Estimates, from Balboa Parking Lot, Tide & Submerged Lands Fund. C -42, $15, 503. 78, being a net increase in Un- appropriated Surplus, a net increase in Budget Appropriations of $61,303.78, and a decrease in Revenue Estimates of $45, 800. 00 from Connection Charges and Donations and Contributions. 2. The following Budget Amendments were approved: C -43, $3,000, being a decrease in Unappropriated Surplus - State Gas Tax and an increase in Budget Appropriations to General Services, Field Main- tenance, Land Improvements; Traffic Signal - MacArthur Boulevard at San Joaquin Hills Road for the design of traffic signal at MacArthur Boulevard and San Joaquin Hills Road. C -44, $4, 575, being a transfer from Unappropriated Contingency Reserve to General Services - Refuse, Regular Salaries for regular salaries for two additional refuse crewmen (one for 6 1/2 months = $2, 790 and one for 4 months = $1, 785) to implement program previously approved by City Council relative to discontinuing use of City Dump. C -45, $1, 000, being a decrease in Unappropriated Surplus - Building Excise Tax and an increase in Budget Appropriations to Libraries, Land Improve- ment, Corona del Mar Library Study for the retention of Mr. H. L. Hamill as consultant to study feasibility of Library in Civic Center. C -46, $4, 000, being a transfer from Unappropriated Contingency Reserve to Non - Departmental, Pro- fessional Services - General Fund for professional engineering services related to location of harbor survey lines. ATTEST: City Clerk Page 206 yor Motion Ayes COUNCILMEN CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 207 s 9 Y C N p A N z o m m oy�Op(� Index February 14. 1967 c CA -66 • CA-191 CA-108 • CA -12 CA -33 • C -47, $2, 500, being a transfer from Unappropriated Contingency Reserve for modification of storm drain outlet to Bay at Via San Remo and Via Lido Soud, Capital Improvement - General Fund. COMMUNICATIONS - ADVISORY: 1. The following communications were ordered filed: Motion x Ayes x xx xxxx (a) A letter dated January 18, 1967 from the City of Costa Mesa enclosing its resolution urging legislative action with respect to pre - emption by the State in the field of vice and gambling. (b) A letter dated January 20, 1967 from Mr. and Mrs. K. D. Goen objecting to the moving of the City Hall. (c) A letter dated February 1, 1967 from Mrs. John La Montagne, Traffic Safety Chairman, Mariners School Parent - Faculty Organization, thanking Council for the stop signs on Mariners Drive. (d) Local Agency Formation Commission: (1) A notice of public hearing on February 8, 1967 regarding proposed annexation to the City of Costa Mesa designated as Bissell No. 2 Annexation. (2) A notice of public hearing on February 8, 1967 regarding proposed annexation to Costa Mesa Park and Recreation District designated as Bissell No. 2 Annexation. (e) The Minutes of the Regular Meeting of the Board of Directors, Orange County Water District on January 18, 1967. (f) A letter dated January 16, 1967 from C. P. MacGregor, Chairman of the Board, University of California, California College of Medicine, thanking Council for copy of Resolution No. 6499. yor ATTEST: City Clerk V Page 207 Index February 14, 1967 0 CA -33 CA -40 CA -12 CA -111 • CA -49 C -986 CA -69 CA *3 CA -70 • CITY OF NEWPORT BEACH Volume 20 - Page 208 COUNCILMEN s 9 T (g) A letter dated January 23, 1967 from City of Anaheim enclosing copy of its resolution sup- porting the establishment of a college of medicine at University of California- Irvine. (h) A letter from Lt. Col. Alan L. Blum dated January 19, 1967 stating his belief that the growth of the City should be curtailed and that the guidelines for the Planning Commission should be established by popular vote. (i) A resolution of the Board of Supervisors re- garding wastewater disposal and reclamation for the County of Orange, California, 1966 -2000. (j) A letter dated January 18, 1967 from County of Orange, Area Coordinator for Civil Defense regarding a meeting held February 3 to present the details of a "Community Shelter Planning" project for which Orange County has been selected. (k) A letter dated January 26, 1967 from the Newport Harbor Lawn Bowling Club thanking Council for its action on January 23 to study the Club's re- quest for new bowling greens. 2. A letter dated January 31, 1967 from the California Roadside Council regarding effect on local juris- dictions of a certain provision contained in the Federal Highway Beautification Act of 1965 pertaining to compensation for the removal of non - conforming billboards, and an enclosed suggested resolution, was Motion referred to staff for report back. Ayes x x x x 3. The following communications were ordered filed: Motion Ayes x x x x (a) Copies of agenda of Board of Supervisors meetings held January 24, 25, 31, February 1, 7 and 8. (b) A letter dated February 2, 19 67 from Raymond E. Nemec opposing any additional taxation levied upon piers, waterfront business or other uses of tidelands. ayor ATTEST: • p AJAR/ J City Clerk Page 208 x X x Index 0 CA-39 CA -69 CA -127 • CA -12 CA -1 0 10 CITY OF NEWPORT BEACH Volume 20 - Page 209 February 14, 1967 COUNCILMEN p O m o Y� O c fa .pig Zu. ff A F � 2 4. A letter dated January 31, 1967 from Jerry Hill re- garding alleged remarks made by a member of the Police Department was referred to the City Manager Motion x for appropriate action. Ayes X X X X X X X 5. The following communications were ordered filed: Motion x Ayes xx xx xxx (a) A notice dated January 20, 1967 of meeting of Highway Commission on February 15 in Division of Highways District Office, Los Angeles, and notice dated January 24 changing date of meeting to February 16. (b) Copy of a letter addressed to the City Attorney dated February 7, 1967 from "Automatic" Sprinklers of the Pacific, Inc. objecting to the decision of the Public Works Department in approving the use of a specific detector check valve and requesting a legal decision. (c) A letter from Department of Water Resources dated February 2, 1967 enclosing an Interim Edition of Chapter V, "Standards ", to the Department of Water Resources Bulletin No. 74, "Water Well Standards, State of California ". (d) Orange Co. Press Club Reporter for February. Mayor Gruber stated that the regularly scheduled Study Session for February 20, 1967 would not be held. The meeting was adjourned at 11:01 P. M. Motion x Ayes xxx xx Mayor ATTEST: City Clerk Page 209 i