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HomeMy WebLinkAbout10/24/1966 - Regular MeetingIndex 0 -1192 CA -72 Ll 0 -1191 CA -182 lie CITY OF NEWPORT BEACH Volume 20 - Page 107 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: October 24, 1966 Time of Meeting: 7:30 P. M. Place of Meeting: Council Chambers COUNCILMEN i Roll Call: Present x x x Absent X The reading of the Minutes of the Regular Meeting of Motion X October 10, 1966 was waived, and said Minutes were Ayes X x X approved as written and ordered filed. Ak �fnt X ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1192, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 6.04.210 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO REFUSE, GARBAGE, AND CUTTINGS, was presented. Ordinance No. 1192 was introduced and passed to Motion X second reading on November 14, 1966. Roll Call: Ayes X X X Absent i x ORDINANCES FOR ADOPTION: 1. Ordinance No. 1191, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTIONS 10.28. 040, 10.28. 050, AND 10. 28. 060 TO CHAPTER 10. 28 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO NOISE ARISING FROM CONSTRUCTION ACTIVITIES, was presented for second reading. The Acting City Clerk stated that a letter had been received on October 24, 1966 from Glenn Martin opposing Ordinance 1191. Councilman Parsons made a motion to adopt Ordinance No. 1191, which motion was withdrawn. A discussion was had. William Martin spoke from the audience opposing the hours set in the ordinance. Jack Barcus stated that he represented Janet K. Smith and Glenn Martin and read lettersfrom them addressed ATTEST: ayor Acting City Ch erkv Page 107 X IX X Index • Public Funds foi Alcohol£( Severagei CA-91 R -6454 C -1040 Lebell Consult & Scie CA -179 Accounts Receivabl CA -112 lI Removal of Parkway 'Frees CA -158 CA -90 CA -49 • CITY OF NEWPORT BEACH Volume 20 - Page 108 October 24, 1966 COUNCILMEN ATTEST: Ma or Acting City ClerIg Page 108 :a ©IIIIIIII© PAMM X x to the Council, opposing subject ordinance. Mr. Barcus stated that in speaking for himself he was in favor of the ordinance as it applied to construction companies but opposed its application to residents. George Griffith of the Griffith Company spoke in opposition to the ordinance. Ordinance No. 1191 was diaried for November 28, 1%6. Motion Ayes Absent CONTINUED BUSINESS: 1. A memorandum dated October 21, 1966, regarding opinion from the City Attorney concerning the legality of the expenditure of public funds for Motion alcoholic beverages in connection with the Mayors Ayes and Managers meeting, was ordered filed. Absent 2. Resolution No. 6454, authorizing the execution of an agreement for consulting services (CATV) with Lebell Consulting Engineers and Scientists, was Motion 9 adopted. Roll Call: Ayes sts Absent CURRENT BUSINESS: 1. A memorandum was presented from the City Manager t and Finance Director dated October 24, 1966 regarding Delinquent Accounts Receivable. e A discussion was had. The matter was diaried for the meeting of November 14 Motion 1966, and in the meantime, referred back to staff Ayes for study. Absent 2. A memorandum was presented from Chairman G. William Grundy of the Parks, Beaches and Recreation Commission dated October 19, 1966 regarding removal of established parkway trees from the streets of the City because of root growth, and requesting Council consideration of the Commission's recommended amendment to existing policy. The matter was referred to the City staff for Motion analysis and subsequent report on engineering and Ayes legal aspects of the problem. Absent ,' 1 1011, �r ATTEST: Ma or Acting City ClerIg Page 108 :a ©IIIIIIII© PAMM X x CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 109 Index October 24, 1966 3. A memorandum from the Public Works Department Resubdivision dated October 6, 1966 regarding Resubdivision No. 226, 226 which creates a site for a future medical center on CA -129 Newport Center Drive East at San Miguel Drive, was presented with a memorandum from the Planning Director dated October 20, 1966. Resubdivision No. 226 was approved subject to the Motion conditions recommended by the Public Works Ayes Department. Absent 4. A letter was presented from the Planning Commission Resubdiv dated October 20, 1966, regarding application for 229 CA -129 Resubdivision No. 229 filed by the City of Newport Beach, Josephine Fulton and Charles H. Straub on property located between 18th and 19th Streets, and Bay Avenue and Vilelle Place, which creates two parcels out of three lots by the prolongation of the • common lot line of lots owned by Mrs. Fulton and Mr. Straub through the City -owned lot fronting Bay Avenue, and respectfully requesting that the City Council place a deed restriction upon the property. Councilman Rogers made a motion to approve the request of the Planning Commission that a deed restriction be placed upon Parcel A and B of Resubdivision No. 229, which would run with the land in perpetuity, stipulating that there be no further resubdivision of the property at a future date, which motion was withdrawn. A discussion was had. The matter was referred to the City Attorney to Motion work out the legal aspects of proper deed restrictions. Ayes Absent • 5. A Resolution No. 6455, advising the Arterial Highway Financing Program Advisory Committee of certain R -6455 changes in the Master Street and Highway Plan of the Roaster City of Newport Beach and requesting that said changes Motion Street & be adopted into the County Arterial Highway Master Roll Call: Highway Plan and made eligible for inclusion in the Arterial Ayes Plan Highway Financing Program, was adopted. Absent CA-128 ATTEST: Acting City Clerk • Page 109 X X X G1 CITY OF NEWPORT BEACH Volume 20 - Page 110 Index October 24, 1966 COUNCILMEN s 9 Y m O Y N N f A x x 6. A memorandum was presented from the Public Works traffic Department dated October 24, 1966 regarding traffic � Parkin and parking studies. Studies CA -22 A discussion was had. CA -114 On request of Councilman Cook for a legal opinion, City Attorney Tully Seymour stated that in dealing with professional services, the Council is concerned with finding the best possible consultant and in obtaining a unique product; namely, an intellectual product, and competitive bid requirements that apply to Public Works contracts are not applicable to contracts for professional services. R-6456 Resolution No. 6456, authorizing the execution of C -1049 an agreement for consulting services with Motion x la' bug Wilbur Smith & Associates, Inc., for the sum of Roll Call: Smit $32, 800 for a combined traffic planning, traffic Ayes x x x x � Associates operation, and parking feasibility study, was adopted. Absent x R.L 7. The application for sound amplifying equipment and Humphreys sound truck permit of Robert L. Humphreys, candidate applica- for the office of State Senator in the 34th District, Lion for was presented. sound A -123x CA -123 C t Robert L. Humphreys spoke from the audience. Subject application was approved in accordance with Motion the terms of the application for sound equipment and Ayes x x x x sound truck permit and subject to all applicable Absent x provisions in the Municipal Code relating to sound trucks. 8. A memorandum was presented from the Public Works Director dated October 24, 1966 regarding the request by Mr. Ed Soule on behalf of the owner to construct Curb Cut a 15 -foot wide curb cut on First Avenue at side of 417 417 Heliotrope Avenue. Heliotr pe CA -30 The Acting City Clerk stated that a petition was received on October 24, 1966 from sixteen property owners adjacent and adjoining 417 and 417 -1/2 Heliotrope requesting subject permit be granted to enable repairs on the property. The request for subject curb cut was approved. Motion. Ayes x x x x Absent x ATTEST: Ma or Acting City Clerk Page 110 x x Index Pier Encroac ments i commerc zones CA -70 Sidewaal atG& H Stree OCA- Improve men Seashor Drive C -1066 CA -29 r�L i CITY OF NEWPORT BEACH Volume 20 - Page 111 October 24, 1966 COUNCILMEN 3 A a Ac T2 9. A progress report was presented from the Public Works Director dated October 24, 1966 regarding procedure for handling pier encroachments in 1 commercial zones. ia The recommendations of the Public Works Department were approved and the study was deferred until the Motion x arrival of new aerial photographs of the City and Ayes x x x x the Harbor,_ and it was directed that a report be Absent x x brought back at the second regular meeting in December as to the magnitude of the problem of encroachments of commercial piers in front of other and abutting property not owned by the pier owners. 10. A memorandum was presented from the Public Works s Director dated October 24, 1966 regarding construction of sidewalks at ocean front street ends is of G and M Streets. 0 The construction of ocean access sidewalks at G and M Streets was approved. Motion x Ayes x x Absent x x 11. A memorandum was presented from the Public Works Director dated October 24, 1966 concerning the receipt of six bids by the Deputy City Clerk on October 18, 1966 in connection with improvement of Seashore Drive from 55th Street to Orange Avenue (C- 1066). The City Attorney was directed to bring back an opinionas to whether the low bidder was a qualified bidder at the time of the bid opening and if he could be held to the bond. George Griffith of the Griffith Company spoke from the audience and stated that the waiving of this irregularity could open the door to abuses in the competitive bidding system. The awarding of the contract for subject work was diaried for the Council meeting of November 14, 1966. Motion x Ayes X x Absent x x Ma r ATTEST: Acting City G erk Page 111 i is Index • Lido Shops Associat request: for flagpolE CA -35 n U �1 LJ Improve meet of Univers Avenue CA -29 Stanley Propert CA -15 C)r4nhPr 24. 1QAA CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 112 12. A request from the Lido Shops Association dated October 20, 1966 to erect a nautical flagpole at the junction of Via Lido and Newport Boulevard in ion the center island right -of -way was presented. Hugh Mynatt of the Lido Shops Association spoke from the audience and stated they planned to use the pole for signal flags as a means to attract attention to the shopping area and for the purpose of beautification. The request of the Lido Shops Association was Motion x approved, subject to the following conditions: Ayes x x x x Noes x (a) The only flags or pennants to be flown from it Absent x x will be the American flag; (b) At Christmas it may be used to support a Christmas tree; (c) In the event that it is found to be in a State right -of -way and the State contests it, then the Lido Shops must remove it at their expense; (d) If, at any time, the City wants the pole removed for whatever public reason, then it must be removed at no cost to the City; and (e) There be adequate provisions for holding the City harmless from any liability which might result from this pole. The entire installation is to be contained within a raised island, and the flagpole installation and additions are to be approved by the Public Works Department. COMMUNICATIONS - REFERRALS: 1. A letter from Orange Coast Y. M. C. A. regarding a street improvement project on the north half of University Avenue from Tustin Avenue approximately 1150 feet easterly, deeded to the City by The Irvine Company, and submitting for Council consideration t y a breakdown of additional cost items, was referred Motion x to the staff for report and to be brought back to Ayes C x x X x the next meeting. Absent x x 2. A letter dated October 11, 1966 from Attorney Gordon S. Richmond representing Mrs. Mildred Stanley and First Western Bank and Trust Company as Trustee under the Will of Earl W. Stanley, deceased, regarding the Stanley property at 16th and Dover Drive, was presented. 1 ayor ATTEST: cting City Cle Page 112 CITY OF NEWPORT BEACH Volume 20 - Page 113 Index October 24, 1966 COUNCILMEN y P q R� p y d• G A -� G� Planning Director Ernest Mayer spoke from the audience. Ben Reddick, representing Mrs. Stanley, spoke from the audience. The consensus of the Council was that the Planning Commission should be requested to move with all Motion possible speed to resolve, in conjunction with the Ayes x x x x Public Works Department, the questions that had Absent x x been raised in the past concerning proper zoning for the property in question and to determine the elimination of easements which restrict its use. 3. A petition bearing twenty -eight signatures of property Vasty owners and residents in the vicinity of Balboa Freez Boulevard and 19th Street protesting the ''excessive ;A -182 noise coming from the Tastee Freez at the corner of 19th Street and Balboa Boulevard ", was presented • with a letter dated October 6, 1966 from Mr. and Mrs. William Martin objecting to the nuisances emanating from the Tastee Freez establishment and stating that they would appreciate any action the City might take to alleviate the situation. The matter was referred to the staff for inclusion Motion x i in the current study relative to drive -in food Ayes x x x x a establishments, and a report was requested for Absent x x November 14, 1966 from the Police Department regarding other matters involved with the 19th Street Tastee Freez establishment. 4. A petition bearing thirty -nine signatures of residents Balboa of Balboa Island requesting a re- examination and Island review of existing beach policies with the specific Beaches intent of evolving programs and procedures to halt CA-49 sand erosion, expand beach and swimming facilities, beautify beach areas, and establish a system of • community docks,was presented. Larry Broering spoke from the audience, and William LaPlant, a member of the Board of Directors of the Balboa Island Association, also spoke. A discussion was had. Subject petition was ordered filed. Motion x Ayes x x Absent x ayor ATTEST: a. Acting Cite • Page 113 i CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 114 s Index October 24, 1966 5. The following claims for damages were denied and Motion x ;laim f r the City Clerk's referral of the matters to the Ayes X! x x x )acnges insurance carrier was confirmed: Absent x x ;A -84. (a) Claim of John G. MacBeth in the amount of $108 for increased installation cost of sewage lines allegedly caused because of inadequately marked City Sanitation Department maps. (b) Claim for damages for false arrest of Richard William Oder executed on his behalf by his parents, alleging claimant was wrongfully, unlawfully, and falsely arrested for violation of Section 25661, Business and Professions Code of the State of California, on or about August 12, 1966. (c) Claim of Robert L. Hook for damages to his • car allegedly caused when a car belonging to the Newport Beach Police Department backed into his parked car on September 8, 1966, on Marine Avenue, south of North Bay Front on Balboa Island. Proposal 6. A letter dated October 18, 1966 from Gangi Bilt Homes re dump regarding their interest in the City -owned dump site site as a proposed Mobile Home Park was referred to the Motion x CA -38 City Manager for reply. Ayes x x x x x Absent x x BUDGET AMENDMENTS: Budget 1• The following budget amendments were approved: Motion x Amendmen s Ayes K x x x x CA -102 Year -end transfers: Absent x x • C -108, $10,031.20, transfer from Unappropriated Surplus, State Gas Tax Fund, Section 186($7500) and Unappropriated Capital Outlay Fund ($2531.20) to State Gas Tax Fund Section 2107, for adjustment to Gas Tax Funds as a result of audit conducted by State Controller's office on February 24, 1966. C -109, $9926, transfer from Unappropriated Surplus, State Gas Tax Fund Section 186 to Unappropriated Surplus General Fund for reimbursement of City funds advanced to construct traffic signals at Ford and Jamboree Road. C -21, being a transfer of Budget Appropriations for Special Election to be consolidated with Statewide General Election on November 8, 1966; $400 from Unappropriated Contingency Reserve to General, Services, Professional, TechniCa • ATTEST: ayor Page 114 Acting City Cl k Index Oc Ai: 1. misdemeanor Prose- cutions Committee CA -60 CA -94 • R -6442 • 2. City Water Rights t Adams & Brookhu st CA -12 CA -38 3. James W C -1074 Street t Sidewall Imprvmt Policy CA -90 CA -29 CA -30 i 1 i� CITY OF NEWPORT BEACH Volume 20 - Page 115 COUNCILMEN sober 24, 1966 C -22, being a transfer of Budget Appropriations for additional funds for purchase of jeep; $49 from Unappropriated Contingency Reserve to Marine Safety, Rolling Equipment. DITIONAL BUSINESS: The appointment of a special purpose ad hoc committee to be called Misdemeanor Prosecutions Committee was considered. The starting date for the experiment of misdemeanor prosecutions was delayed for thirty days and the Motion x Mayor was authorized to appoint a committee to Ayes x x x x x investigate the entire matter. Absent x x Attorney Ned Rutter spoke from the audience and asked for a delay until February. A discussion was had. Mayor Gruber nominated Councilmen Cook, Shelton, and Parsons as members of the Misdemeanor Prosecutions Committee with the chairman to be selected by the committee. The nominations of Mayor Gruber for the Misdemeanor Motion x Prosecutions Committee were approved. Ayes x x x x x Absent x x Resolution No. 6442, which determined the starting Motion x date for the City Attorney to prosecute certain Ayes x x x x x misdemeanor offenses as of November 1, 1966, was Absent x x rescinded. The City Manager was authorized to enter into an Motion x agreement, in accordance with the terms of the letter Ayes x x x x x agreement dated October 14, 1966 from James M. Absent x x Montgomery, Consulting Engineers, Inc., for a report on the City water rights for City -owned property at Adams and Brookhurst in Huntington Beach. The following policy statement was adopted: Motion x Ayes x x x x x It shall be the policy of the City Council to initiate Absent x x street and sidewalk improvements on streets that are more than fifty percent improved and to assign the cost of these improvements to the adjoining property owners. (continued) MdJor ATTEST: Acting City -Cletk Page 115 CITY OF NEWPORT BEACH Volume 20 - Page 116 Index October 24, 1966 COUNCILMEN P � F O � U A 2 Aciing airy t ieVx x al Z The methods available to complete the work are as follows: (a) Voluntary payment of construction funds by benefited property owner; (b) Advancement of construction funds by the City; and (c) Use of Chapter 27 provisions of the 1911 Act. -6457 4. Resolution 6457, approving the terms and conditions Motion x :A -12 of Resolution No. 6887 of the Board of Directors of Roll Call: Metropolitan Water District and requesting the Ayes x x construction of service connection CM- 11, was Absent h adopted. The transfer of $67, 000 to the Coastal Municipal Motion x Water District was authorized, subject to the following Ayes X x • conditions: Absent h (a) That drawings for the construction of the Metropolitan Water District connection be reviewed by James M. Montgomery, Consulting Engineers, Inc. ; and (b) That The Irvine Company deposit with the City $67, 000 before any transfer of funds is made to the Coastal Municipal Water District. COMMUNICATIONS - ADVISORY: The following communications were ordered filed: Motion x Ayes x x ,A -66 1. A letter dated October 12, 1966 from Assemblyman Absent x James E. Whetmore to Mayor Gruber, thanking the Mayor for his letter regarding the proposed sand and gravel district, and stating that he agrees with • the Council position. ;A -99 2. A letter dated October 7, 1966 from the State Transportation Agency regarding a conference on Urban Transportation Planning to be held in Los Angeles on October 26, 1966. :A -107 3. An excerpt from the Minutes of the Board of Supervisors meeting of October 11, 1966 regarding cancellation of taxes on the Cagney property on Finley Avenue. 4. Dover Drive heliport: :A -99 (a) A letter dated October 6, 1966, from R. C. Greer opposing Macco Company heliport on Dover Drive. • MfSyor ATTEST: Page 116 Aciing airy t ieVx x al Z Index October 24, 1966 CA -53 5• 6. CA -179 7. CA -48 n \J 8. CA -66 AD. 1. CA -70 • CA -60 2. Th( AT i W71 c1 CITY OF NEWPORT BEACH Volume 20 - Page 117 COUNCILMEN (b) A letter dated October 9, 1966 from W. Martin oy wa ""m O p O and Margaret S. Fassell objecting to the (b) A letter dated October 9, 1966 from W. Martin and Margaret S. Fassell objecting to the proposed Macco Realty Company heliport on Dover Drive. Copies of Agenda of Board of Supervisors meetings on October 11, 12, 18, and 19, 1966. The Orange County Press Club Reporter for October, 1966. A notice from Huntington Beach Planning Commission of public hearing for Use Variance No. 66 -52 to allow a reduction in the minimum right -of -way width of all interior streets from 56 ft, to 46 ft. , 50 ft. and 54 ft. , Tract Map Nos. 6331 and 6332, located on the south side of Hamilton Avenue, easterly of Bushard Street. A communication from the Southern California Association of Governments advising that its 1966 Fall General Assembly will be held on Friday, November 4, at the Ambassador Hotel in Los Angeles. )ITIONAL ITEMS: Clarence Lebell spoke from the audience requesting permission to tie his boat at the cannery to enable him to make repairs on his boat. A discussion was had. The matter was referred to the Joint Harbor Motion x Committee. Ayes x x x x Absent x The activities of the Misdemeanor Prosecutions Committee were discussed, and it was agreed that a report would be made on November 28, 1966. meeting was adjourned at 10:45 p.m. Motion x Ayes x x x x Absent x x Mai4frr TEST: ing City C er) Page 117 I xl