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HomeMy WebLinkAbout04/11/1966 - Regular MeetingA Rubio vac Ai _I1 K -6 :%l_ 0 -1 I CITY OF NEWPORT BEACH Volume 19 - Page 241 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: April 11, 1966 Time of Meeting: 7:30 P. M. Index n1 -,.,. ..G Tart,, ,.+;v. ,.. r,,., --41 COUNCILMEN P �F F` Roll Call: Present X X X X X X X The reading of the Minutes of the Regular Meeting of March 28, 1966 was waived, and said Minutes were approved as written and ordered filed. HEARINGS: 1. Mayor Gruber opened the public hearing as set in 311 Resolution No'. 6311, being a Resolution of Intention of Resolution Qyion the City Council of the City of Newport Beach declaring its intention to order the closing up, vacation and abandonment of a portion of a certain alley in Block 632, Corona del Mar Tract. The hearing was closed. Motion x Ayes xxx xxx x • Resolution No. 6327 ordering the vacation, closing up Motion 327 and abandonment of a portion of an alley in Block 632, Roll Call: 14 Corona del Mar Tract, was adopted. Ayes xxx xxx x ORDINANCES FOR ADOPTION: 1. Ordinance No. 1153, being, 153 AN ORDINANCE OF THE CITY OF NEWPORT 179 BEACH ADDING CHAPTER 9.5 TO ARTICLE VI OF THE NEWPORT BEACH MUNICIPAL CODE PROVIDING FOR CITY REGULATIONS AND USE OF COMMUNITY ANTENNA TELEVISION SYSTEMS, AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE, 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. 1153 was adopted. Motion x Roll Call: Ayes xxxx xxx 2. Ordinance No. 1154, being, L54 b1 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 10311 TO THE NEWPORT BEACH MUNICIPAL CODE RELATING yor ATTEST: �-- ity Cler� Page 241 Index w -1155 2g -180 • 1 -1156 -180 CITY OF NEWPORT BEACH COUNCILMEN Volume 19 - Page 242 s p ✓' f G Ci O .l nLL k' I TO THE USE OF SKATEBOARDS ON PUBLIC PIERS, was presented for second reading. With the unanimous consent of the Council, Mayor Gruber stated that the further reading ofIthe Ordinance was waived. Ordinance No. 1154 was adopted. Motion x Roll Call: Ayes xx xxx xx 3. Ordinance No. 1155, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING SECTIONS 4205{ 4206, AND 4215 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO DISORDERLY CONDUCT,_ 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. 1155 was adopted. Motion x Roll Call: Ayes xx xxxxx 4. Ordinance No. 1156, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING SECTION 6306 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO THE SALE OF ILLUSTRATED CRIME OR HORROR COMIC BOOKS, 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. 1156 was adopted. Motion x _ Roll Call: Ayes xxxxxxx ayor TTEST: City erk Page 242 Index 4P turfing CA -49 1r. Cty rnort �A -108 a -6328 =� -fllk CITY OF NEWPORT BEACH COUNCILMEN Volume 19 - Page 243 April 11, 1966 CONTINUED BUSINESS: 1. Letters which were received by the Council at its meeting held March 28, for and against surfing regulations, and which letters the Council directed be filed and brought back to the Council on April 11, were presented with an additional letter dated March 31 from Mrs. Calvin Rohrs urging the maintenance of present surfing restrictions. The Deputy City Clerk read a letter addressed to Councilman Forgit from Irene Griffith, thanking him for his stand on the surfing rules and urging continuance of the present rules. The City Manager submitted a report dated April 11, 1966, entitled "Possible Alternative Actions on Surfi Regulations. " The following people spoke from the audience: Ralph Watson, Neta Cadenhead, Morgan Lowery, L. H. McBride, R. S. Pattison, Gordon Connolly, Mrs. Van Amersfoort, and Chief Lifeguard Robert Reed. Councilman Forgit made a motion to abide by the rules and regulations in effect at the present time, which motion failed to carry. The City Attorney was instructed to prepare the proper enabling legislation to permit the Council to control surfing by resolution. The City Attorney was instructed to prepare the necessary ordinance to institute a license program for surfing. 2. The Mayor's written statement to the Board of Supervisors given orally at its meeting on April 6, 1966, regarding proposed future annexation of Orange County Airport was confirmed and ordered filed. 1 3. Resolution No. 6328, designating a one -way street, designating Washington Street between Ocean Front and Balboa Boulevard as one -way street for north bound traffic only, was adopted. CURRENT BUSINESS: 1. A memorandum was presented from the Public Works Director dated April 11, 1966 re arding co perative yor ATTEST: �, n ity Clerk Page 243 o v m m Motion x Ayes x x Noes x x x Abstaining x Motion x Ayes xxx x Noes I x x Motion x Ayes x x x x Noes x Motion x Ayes xxx xx Motion Roll Call: Ayes X ix x x X x Index -6329 -1009 Palisades Rd wroj.Agrmt. =r Co. =A -29 18" outer trans.Main 8- mllc+ree Rd. -1019 ah-;adn Cor; W R-6330 -12 _awer Main -±net. & rel 17th, 19th <t. & Via 1_idn Soud -1025 ..::a i,ovich tl:nnst. Co. -6331 -a -32 i -6332 -160 ,imp ext. Fill_i_ne excvtn -906 -x-38 0 CITY OF NEWPORT BEACH Volume 19 - Page 244 n.. «47 11 Ia�,A COUNCILMEN s (1 O S O m O P 0 O 9 m m 0 Gam= 7� x Ix xis agreement with County for construction of Palisades Road from Jamboree Road to MacArthur Boulevard. Resolution No. 6329., authorizing the execution of an agreement with the &unty of Orange, providing for the construction of roadway improvements on Palisades Road between Newport Boulevard and MacArthur Boulevard, including a new traffic signal at Palisades Road and Jamboree Road (referred to in the agreement as Jamboree Boulevard), and relocation Motion x of the existing traffic signal at Palisades Road and Roll Call: MacArthur Boulevard, was adopted. Ayes x x x x 2. A memorandum was presented from the Public Works Director dated April 11, 1966 regarding the receipt of six bids by the City Clerk on April 6 in connection with the construction of the 18" water transmission main in Jamboree Road from Eastbluff Road to Palisades Road (C- 1019), recommending award of contract to the low bidder. Resolution No. 6330, awarding contract for subject Motion work to Cabildo Corporation at the contract price of Roll Call: $64, 600, was adopted. Ayes x x x x 3. A memorandum was presented from the Public Works Director dated April 11, 1966 regarding the receipt of it six bids by the City Clerk on April 6 in connection with sewer main construction and repairs in 17th Street, 19th Street and Via Lido Soud (C- 1025), recommending award of contract to the low bidder. Resolution No. 6331, awarding contract for subject Motion x work to R. M. Vukanovich Construction Co. at the Roll Call: contract price of $13, 018.40,, was adopted. Ayes x x x x 4. Resolution No. 6332, requesting a public street cross- ing of the adopted Route 1 freeway, for the extension Motion x of Marguerite Avenue northerly of Fifth Avenue, was Roll Call: adopted. I Ayes x x x x 5. A letter dated March 28, 1966 from Sully- Miller Con- tracting Company to the City Manager requesting permission to extend its May 9, 1966 deadline, was presented. The City Manager's recommendation for extension of deadline for filling the excavated pit at the westerly Motion x end of the City Dump property was approved. Ayes x x x x W'yor ATTEST: � n City Cle k Page 244 x Ix xis Index April 11, 1966 CITY OF NEWPORT BEACH COUNCILMEN Volume 19 - Page 245 6. The application of Dexter D., Penman, candidate for for District Attorney in the County of Orange, for sound -- - amplifying equipment and sound truck permit, was - equip. � -123 diaried for April 25. ' Pressure 7. A memorandum was presented from the Public Works reduc.sta. Director dated April 11, 1966 regarding plans and Palisades specifications for the construction of the pressure - "-�'ns Dr. reducing station at Palisades Road and Campus Drive -1029 (C- 1029). Rid Call L _s -12 Subject plans and specifications were approved, and the City Clerk was authorized to advertise for bids to be opened at 10:30 A. M. on May 3, 1966. 8. A memorandum was presented from the Public Works a�cant° Director dated April 11, 1966 regarding acceptance of "-A to Fit &ept, the addition to and alterations of Fire Department �crs. Headquarters (C- 1005). The Deputy City Clerk read -A -73 a letter from J. Herbert Brownell dated April 7, 1966 -1005 stating that to the best of his knowledge the work is in accordance with requirements and is acceptable. An extension of time of 21 days to March 21, 1966, was granted, subject work was accepted, and the City Clerk was authorized to file a Notice of Completion and to release the bonds 35 days after Notice of Completion has been filed. 9. The request of A. V. Jorgensen for a curb cut at 1533 Zurb Cut Antigua Way was presented with a memorandum from 1533 d,nti,msa Wg the Public Works Director dated April 11,E 1966, CA-30 recommending approval of subject curb cut. Subject application for a 40 foot curb cut was approved. LICENSES: Lac Appl. 1. The following applications for license were approved: CA -63 1. Exempt, Rex Stockton, President, Orange County Association for Mental Health, 1302 N. Broadway, - Santa Ana, house to house soliciting campaign for funds, May 1, 1966 through month; approximately 100 solicitors. 2. Exempt, Helen O. Creed, Poppy Chairman, American Legion Auxiliary - 91, Newport ayor ATTEST: r City erk Page 245 Motion Ayes Motion Ayes Motion Ayes Motion Ayes Motion Aye s xlxI xlxl xlx tN x x x x x Index • is April 11 1966 CITY OF NEWPORT BEACH COUNCILMEN Volume 19 - Page 246 s u Z O O AY'' O 9 M1� m O Gig , Harbor, 215 15th Street, Newport Beach, solicit- ing - poppy sale, May 28 and 29, 1966; approximate number of participants, 20. 3. Exempt, Barbara F. Marx, Secretary - Bookkeeper„ Orange Coast YMCA, 2630 Avon, Newport Beach, Hi -Y, Tri -Hi -Y Council Car Wash, Saturday, April 30, 1966, 9:00 A. M. to 3:00 P. M. ; at Richard's Lido Market Parking Lot, 3433 Via Lido, Newport Beach and Brown's Flying A service station, 3700 Coast Highway, Corona del Mar; proceeds will go toward the Youth and Government Program for High School Youth, and to the Annual Hi -Y, Tri -Hi -Y Recognition Dinner to finance plaques, trophies, certificates, etc. 4. Exempt, Barbara F. Marx, Secretary - Bookkeeper, Orange Coast YMCA, 2630 Avon Street, Newport Beach, Campership Butter Toffee Peanut Sale, selling of butter toffee peanuts by prospective campers, April 15 through July 31, 1966; proceeds from the sales are applied towardtheir camp fee. 5. Exempt, Mrs. Henry L. Humann, President, Friends of the Library, book sale at Richard's Market, May 6, 1966; proceeds to go to the Library Fund. 6. Exempt, Isabel C. Pease, Chairman, Garden Rummage Sale, Women's Division of the Newport Harbor Chamber of Commerce, 1800 West Coast Highway; garden products to be donated by mem- bers and sold at Richard's Market, April 23, 1966; proceeds to be used for Chamber's City Beautifi- cation Program. 2. The following applications for license were approved. Motion x Ayes xxx xxx x 1. Robert G. Nelson, Manager, The Schooner, 2436 West Coast Highway, Newport Beach (Mary F. Sutherlen, owner), for two skill games (2 pool tables). 2. Marguerite Probasco, owner; for two skill games (2 pool tables) at The Mariner's, 2911 Newport Boulevard. 3. Nina L. Van Sickel, partner, for one skill game (pool table) at the Green Horn, 507 E. Bay,._. Balboa 4. Sidney L. Soffer, owner, for one skill game (pool table) at the Blue Beet, 107 21st Street. ayor ATTEST: a--� rnYVti Ci y Cle k Page 246 Index - rh.Perm. Krown A -462 -R -A -130 �J Petition for Annex. (Santa Ana _ - =i ohts) -A -108 C-lms. dmgs. =A -:84 Shutt • }pis _ -_ le Oil =A-84 .• CITY OF NEWPORT BEACH Volume 19 - Page 247 April 11, 1966 APPLICATIONS FOR HARBOR PERMIT: 1. A memorandum was presented from the Public Works Director dated April 11, 1966 regarding application of H. B. Brown, 1710 South Bay Front, Balboa Island, and Phillip Chandler, 1708 South Bay Front, Balboa Island, for Harbor Permit No. A -462 -R to replace existing slip and float with two revised slips, bayward of Lots 5 and 6, Block 3, Section 5, Balboa Island (1708 and 1710 South Bay Front, Balboa Island). Application for Permit No. A -462 -R was approved Motion subject to prior approval of the U. S. Corps of Ayes Engineers and that no dredging be permitted whatsoeve . COMMUNICATIONS - REFERRALS: 1. A letter dated April 5 from Mrs. Peter P. Andrews, enclosing petition bearing 108 signatures of purported residents of the area bounded by Santa Ana Avenue, Orchard Drive, Kline, and Indus, expressing their desire to be included within the boundaries of the City Motion of Newport Beach, was referred to the City Manager. Ayes 2. Claims for damages: 1. The following claims for damages were denied and Motion the City Clerk's referral of the matters to the Ayes insurance carrier was confirmed. (a) Claim of Shirley Shutt for injuries sustained when she allegedly stepped in a hole in the pavement in the alley back of her home at 515 Goldenrod, Corona del Mar, on February 26, 1966. (b) Claim of Brian W. Otis for damages to his car allegedly caused on March 21, 1966 by a City street sweeper making a "U" turn on Fernleaf ramp at Bayside and hitting claimant's car. 2. The following claim for damages was referred to the City Attorney: (a) Claim of Humble Oil & Refining Company for refund of real property taxes erroneously and/ or illegally assessed to and collected from said company for the year July 1, 1965 through June 30, 1966 under the following described assessment: "Parcel number - 900 - 400 -60; 100% int in min its in AP 45- 000 -01, all betw city limits In and sw; prolongatn of se In of 53rd bd n by; high tide Y or EST: 'ity C erk Page 247 Motion Aye s COUNCILMEN 01 a �A xllI xixix xx xx x xx xx x IM X Index 0 _•HI1 -ty ilboxe in new ..NAiv. =A -26 Art: Exhi Via L �A -147 • franchis Tor CATV -179 °placem land- ping tract -a -90 • lacem 4 Advtg :. -49 ~- • CITY OF NEWPORT BEACH COUNCILMEN Volume 19 - Page 248 April 11, 1966 3. A letter dated March 28 from Mayor Joseph R. Callens A F' f C fl O 3. A letter dated March 28 from Mayor Joseph R. Callens e and City Administrator Edwin L. McDonald of the City of Fcuntain Valley enclosing a sketch and a copy of a resolution protesting the requirement by the Post- master General that rural -type mailboxes be placed at the curb in new subdivisions, and requesting cooperation to rescind this requirement; was presented. The staff was directed to draft a resolution relating to Motion x the subject of mailbox locations. Ayes x x x x x x x i A letter dated April 6 from Lorrie P. Huff, Advertis- do ing Manager of Richard's Lido Market and Publicity Director of Lido Shops Association, requesting per- mission to hold an art exhibit in front of the shops on the north and south sides of Via Lido Boulevard on Motion x April 29 and 30, was referred to the City Manager. Ayes x x x x x x x 5. A letter dated March 25 from Harold R. Sugerman, President of the H & B Communications Corporation, submitting an application for a franchise for the construction and operation of a Community Antenna Television System (CATV) to serve all areas in the City of Newport Beach, was referred to the City Motion x Manager's office. Ayes x x x x x x x 6. A letter was presented from Walter J. Koch, Chairma nt of Parks, Beaches and Recreation Commission, recommending that in the future where construction n contracts are awarded that an inclusion in those con- tracts be made to replace landscaping and beautifica- tion to its former condition, and to eliminate any unnecessary destruction to adjacent plant materials. The City Manager was instructed to take necessary Motion x steps to prevent the problem referred to by the Parks, Ayes x x x x x x x Beaches and Recreation Commission and to so advise the Commission. 7. A letter was presented from Walter J. Koch, Chair- man of Parks, Beaches and Recreation Commission, recommending the replacement of advertising benches throughout the City with attractive, inconspicuous City -owned benches in strategic locations where they are needed. The recommended policy of the Parks; Beaches and Motion x Recreation Commission was approved, and the City Ayes x x x x x x x Attorney was directed to research the problem and recommend any legislation, if neces ry.. Ma or A TEST: City Clerk Page 248 CITY OF NEWPORT BEACH Volume 19 - Page 249 Index April 11, 1966 COUNCILMEN O 9 m T 0 0 BUDGET ADMENDMENTS: I The following Budget Amendments were approved: Motion x Ayes xx xxx xx C -73, being a transfer of Budget Appropriations for re- owam.a placement of a jeep, new radio, new siren and speaker; -102 $3, 057. 20 (includes $250 trade -in) from Unappropriated Surplus to Lifeguard Service, Rolling Equipment, Equip- ment, N. O. C. C -74, in the amount of $19, 500, being an increase in Budget Appropriations for the widening of Palisades Road from Jamboree Road to MacArthur Boulevard; $19, 500 from Unappropriated Surplus State Gas Tax (Section 186. 1) to General Services - Streets, Land Improvements, Palisades Road Widening. • C -75, being a transfer of Budget Appropriations for part - time Inspector for earth hauling operation from Eastbluff Marina pit area (all costs for this inspection will be reim- bursed by The Irvine Company on a monthly billing basis); $700 from Unappropriated Contingency Reserve to Public Works Admr. & Engineering, Seasonal and Part -Time. C -76, in the amount of $22, 500, being a decrease in Unappropriated Surplus, and an increase in Budget Appropriations for the construction of the 18" trans- mission main in Jamboree Road from Eastbluff Drive to Palisades Road; $22, 500 from Unappropriated Surplus Water to Water, Land Improvements, Transmission Main - Jamboree Road. ADDITIONAL BUSINESS: *_ ^_dtn to 1. A letter from the Balboa Improvement Association Wdated April 11, 1966 and a communication purported -for to bear 36 signatures of residents of the Balboa area, Ater Wk. also dated April 11, 1966, commending Chief of -39 Police Glavas and his Police Department for the excellent handling of Easter Week problems, were presented. The following Minute Resolution was adopted: Motion x Roll Call: Res, The City Council wishes to give formal and official Ayes x x x x x x x -74 recognition to all who contributed to the most success - -83 ful Easter Week in the recent history of the City of Newport Beach. The Council wishes particularly to commend the City Manager and all department heads who participated in planning an anizing Ple KKayor ATTEST: ity Jerk Page 249 CITY OF NEWPORT BEACH COUNCILMEN Volume 19 - Page 250 Index 1 i `oA �1F April 11, 1966 _14 4 inal 29 Vc t -17 ' activities of the departments which were directly involved and to give special commendation to Police Chief Glavas and all of the officers of the Police De- partment for their outstanding performance. Special thanks are due also the men of the Lifeguard Services and the General Services Department for their ex- traordinary efforts. In addition, the Council hereby authorizes the Mayor to write letters of appreciation to those who in various ways assisted materially with Easter Week Activities: Major Carter, the Provost at El Toro Marine Base, for supplying military police officers; Mr. R. I. Morris, Director of Orange County Transportation and Communications, for supplying radio equipment and vehicles; and the staffs of the Department of Alcoholic Beverage Control, State Division of Housing, and County Health Department. ' The Council also expresses its appreciation to the Newport Harbor Board of Realtors and to many in- dividual landlords for their efforts in voluntarily policing the rental and occupancy of housing, and to the leaders of the various property owner and improve ment associations for their excellent cooperation. Subd J v2. A public hearing was set for April 25, 1966 to consider Motion x r 622 a final subdivision map of Tract 6226 for the purpose Ayes xxxx X). of reverting to acreage Lots 50 through 95 inclusive, and a portion of Lot 96, Tract 5877, as shown on Tract Map No. 5877, recorded in Book 218, Pages 10 through 13 inclusive, Records of Orange County, California. (Subject lots are generally located directly south of Mar Vista Drive, westerly of Domingo Drive and easterly of Vista del Oro in Eastbluff. ) 3. A letter dated April 7, 1966 from Richard S. Stevens, e..ts Vice President of Balboa Bay Club, inviting the City ime to place documents in a 25 -year time capsule to be 1e placed at the site of the Balboa Bay Club Apartment 8 Homes Complex at the groundbreaking ceremonies, was presented. Said request was approved, the staff was authorized Motion x to prepare pertinent documents to be placed in the Ayes x x x x x 3 time capsule; and the Mayor was authorized to respond to the communication. ayor ATTEST: �j R� C� ocRiIM Cit' Cle Page 250 Ix X Index April 11. 1966 40 - ::,Elect Canvass CA -76 CA -53 CA -69 • CA -69 2A -63 -A -63 • -103 -12 Cj CITY OF NEWPORT BEACH COUNCILMEN Volume 19 - Page 251 s 4. The Deputy City Clerk stated that the canvass for the General Municipal Election would be conducted by the City Clerk at 1:00 P.M. on April 14, 1966, in accordance with Resolution No. 6318. The canvass at said time was approved. Motion x Ayes X X xxx COMMUNICATIONS - ADVISORY: The following communications were ordered filed: Motion x Ayes xx xxx xx 1. Copies of agenda of Board of Supervisors meetings held March 29, 30, April 5 and 6, 1966. 2. A clipping from San Francisco Chronicle dated March 23, 1966 from Robert J. Swan, concerning freeway 'revolt. ' 3. A letter addressed to Mayor Gruber from Mrs. A. F. Sebek, dated March 29, 1966, stating that she hopes the Mayor "will continue to fight the freeway going thru our town." 4. A letter dated March 28, 1966 from Julia P. and C. S. Landers, commending the Council on its stand in opposition to pool tables and games of skill in bars and beer taverns. 5. A letter dated March 28 from Mrs. Ruth H. Kenison commending and supporting the Council's efforts to adopt an ordinance to prohibit commercial games in establishments that serve alcoholic beverages; and protesting "the continuing use of the public rest room facility at Washington Street and Bay Avenue in Balboa. It is a disgrace and must go. ", 6. A note from John Jeske, President of the Cameo Community Association, enclosing petition bearing 32 signatures, urging the Council to pass ordinance prohibitng Real Estate signs being displayed on pro- perty zoned for residential purposes. 7. A copy of a letter to Orange County Municipal Water District and Coastal Municipal Water District dated March 28 from William H. Eppinger, General Manager of Irvine Ranch Water District regarding operation and maintenace of the San Joaquin Reservoir. yor ATTEST: Citt Clerk Page 251 Index 0. A -66 0 • CITY OF NEWPORT BEACH COUNCILMEN Volume 19 - Page 252 s pN <cno�a April 11, 1966 o r m m o y 8. A letter dated March 28 from Irwin Walder, Clerk, State, County and Federal Affairs Committee, regard- ing the proposal of Los Angeles City Councilman Louis R. Nowell, as presented by the Los Angeles City Planning Committee in a letter of March 2, for participation in an organization which would be com- prised of the Counties of Los Angeles, Orange and Ventura and the cities therein, for the purpose of identifying, studying and developing solution to pro- blems common to the jurisdictions and the citizens residing therein through utilization of professional and technical personnel now available to these govern- mental units; stating a meeting was scheduled for April 6, 1966 in Los Angeles to discuss the above matter, as well as proposals relative to the City join- ing the Southern California Association of Government. Mayor Gruber stated that the Study Session regularly scheduled for April 18 would not be held. The meeting was adjourned at 9:23 P. M. to Tuesday, Motion x April 19, 1966, at 2:30 P.M. Ayes X X X X X X X W yor ATTEST: � ty Jerk Page 252