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03/27/1967 - Regular Meeting
CITY OF NEWPORT BEACH Volume 20 - Page 235 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: March 27, 1967 Time of Meeting: 7:30 P.M. COUNCILMEN 5� �\S.\ S. ft Roll Call: Present x x x X X Y Absent x The reading of the Minutes of the Regular Meeting of Motion x March 13, 1967 was waived, and said Minutes were Ayes x x x x approved as written and ordered filed. Absent x HEARINGS: Pub hrg 1. Mayor Pro Tern Marshall opened the public hearing Wilson regarding the appeal of Vic Wilson from the decision appeal of the Planning Commission denying application for U.P. 114S Use Permit No. 1149 which requests extension of CA-15 said Permit for an outdoor motorcycle display and rental in connection with the operation of Vic Wilson's Triangle Service Station located on the corner of l Balboa Boulevard and Pacific Coast Highway. The findings of the Planning Commission dated March 20, 1967 were presented. Planning Director Ernest Mayer, Jr. reported on i the findings of the Planning Commission. Mr, Vic Wilson spoke from the audience and requested the Council to overrule the findings of the Planning Commission. Mr. Thomas C. Rogers spoke from the audience and requested the Council to deny subject request. The hearing was closed. Motion x Ayes xxx xx: Absent x The findings of the Planning Commission were Motion x sustained, and subject request was denied. Ayes x x x x x Absent x Pub hrg 2. Mayor Pro Tern Marshall opened the public hearing Yellow regarding the request of Yellow Cab of Newport & Cab rate Costa Mesa, Inc. for a rate increase of 10� per mile. increase CA -25 Mayor Pro Tern ATTEST: City Clerk Page 235 I Index March 27 1967 R -65'_ Folic state • 0 °12] Vehic fees CA-2-1 • 0 -12: prkg mete: CA -21 CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 236 , A memorandum was presented from the City Attorney dated March 23, 1967 regarding Yellow Cab request for fare increase. The hearing was closed. Motion x Ayes x x x x x Absent x 7 Resolution No. 6537, establishing rates for taxicabs, Motion x was adopted. Roll Call: Ayes x x x x x Absent x The following policy statement was adopted: Motion x Y men Ayes xxx xx x It is the policy of the City Council to notify the Absent x Yellow Cab Company in writing 90 days prior to any formal consideration of the approval of any new Certificates of Public Convenience and Necessity authorizing additional cab service within the City. ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1211, being, .1 :1e AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 5. 12. 110 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING j TO ANNUAL VEHICLE FEES FOR TAXICABS AND OTHER VEHICLES, was presented. Ordinance No. 1211 was introduced and passed to Motion x second reading on April 10, 1967. Roll Call: Ayes x x x x x x Absent x 2. Proposed Ordinance No. 1212, being, L2 fee s AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.44. 040 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO PARKING METER FEES, Mayor Pro Tern ATTEST: City Clerk Page 236 1 CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 237 i moym�o70f -� N N p Z 1-telex M h 27 1967 Rest 233 CA °: R-6. May Sre Fort CA° CA o G ^llij Fln, Com to Cen Sit Sel Cmt CA ° arc , changing 14 parking meters on Via Oporto from 12- hour to 2 -hour parking time limit, was presented with a memorandum from the Public Works Depart- ment dated March 27, 1967. Ordinance No. 1212 was introduced and passed to Motion x second reading on April 10, 1967. Roll Call: Ayes x x x x x Absent x CONTINUED BUSINESS: Lb 1. Resubdivision No. 233, creating a site for a proposed seventy -five unit apartment building located on the east side of Irvine Coast Country Club adjacent to .29 Newport Center Drive and Newport Center Drive West, portion of Blocks 55 and 93, Irvine's Sub- ' division in Unclassified District (Granville Apartment Project), was presented with a memorandum from the Public Works Department to the Planning Depart- ment dated January 12, 1967 listing recommendations in connection with Resubdivision No. 233. Resubdivision No. 233 was approved, subject to the Motion x recommendations of the Public Works Department. Ayes x x x x x x Absent x Z. Resolution. No. 6538, requesting the legislature to Motion x revise the Mayo -Breed Formula for the allocation Roll Call: of State gasoline taxes, was adopted. Ayes x X. x x x x >.d Absent x ntala 71 i9 CURRENT BUSINESS: 1. A memorandum was presented from Mayor Gruber dated March 21, 1967 regarding appointment of an memb r alternate member of the Planning Commission to the Civic Center Site Selection Committee. n Avic "er William Clark was appointed as alternate member of Motion x the Planning Commission to the Civic Center Site Ayes x x x x x x :Ctioll Selection Committee. Absent x 50 Mayor Pro Tern ATTEST: City Cl rk Page 237 CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 238 3 p0 y p p n 2 p O m (,1 Index March 27, 1967 c Pull of sma str by i Ser, CA- CA- R -6 Con bch bal CA a %5 w C re sbg C° R °6 CA-'. Puri mane prk,' mete C-1 R °6. Dun Prk; Cori CA- Imp as Avei 22n, to I Dri Ca -. 4 2. A memorandum was presented from the City Manager .h dated March 23, 1967 regarding the purchase of an iddtl additional small street sweeper. Ll sweeper ; enl The City Manager's recommendation was approved, h M i Motion x vices - and the purchase of an additional small street sweeper Ayes x x x x x x 75 for the General Services Department was authorized. Absent x LS1 3. Re solution No. 6539, establishing regulations Motion x i39 controlling the installation and maintenance of volley Roll Call: .ol voile v ball playing areas on the public ocean front beaches Ayes x x x x x x L courts in the City, was adopted. Absent x b9 4. A memorandum was presented from the Public Works nt Department dated March 27, 1967 regarding agree- Mesa ment with Costa Mesa to share equally the mainten- :raffic ance cost for the traffic signal at the intersection of West- Westcliff Drive -17th Street and Irvine Avenue. Ef, 17th wine 1.11 Resolution No. 6540, authorizing the execution of an Motion x 540 agreement with the City of Costa Mesa to share the Roll Call: costs of maintenance of a traffic control signal, was Ayes x x x x x x L9 adopted. Absent x 5. A memorandum was presented from the Public Works .h dal Department dated March 27, 1967 regarding the receipt of two bids by the City Clerk on March 7, 1967 r ;rg in connection with the purchase of manual parking L03 meters (C- 1103). 541 Resolution No. 6541, awarding contract for subject Motion x :an work to Duncan Parking Meter Corporation at the Roll Call: > Mtr contract price of $25, 414. 69, was adopted. Ayes x x x x x x 8 L9 Absent x Irvine 6. A memorandum was presented from the Public Works :in Director dated March 27 regarding the improvement I of Irvine - Tustin Avenue from 22nd Street to Uni- iue versity Drive and recommending the preparation of i St Jniv an agreement for engineering services with William - 7e son & Schmid, Consulting Civil Engineers. !9 The City Attorney was directed to prepare a contract Motion x fo'r engineering services with fee not to exceed Ayes x x x x x x $17,500. Absent x ( Mayor Pro Tern ATTEST: �D R44g City Clerk Page 238 i Index 6 Accept Pvmt & sidewl] addns C& Cif &St BI Park C -1080 CA -49 Imp 16 St, Ir, to Dovo C -1083 R -6542 • Npt °lie; Unifies Schl D: CA -29 Chg or. re 18" trans I Jamb. I frm Ea bluff Palisal C -1019 CA -12 0 Fwy Cm report CA 69 CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 239 i T��vnl. 77 1 QA7 7. A memorandum was presented from the Public Works Director dated March 27, 1967 regarding the accept- ance of construction of pavement and sidewalk additions at Corona del Mar City and State Beach Park (C- 1080). :y ;h Subject work was accepted, and the City Clerk was Motion authorized to file a Notice of Completion and to Ayes x x x x x release the bonds 35 days after Notice of Completion Absent x has been filed. :h 8. A memorandum was presented from the Public Works 7it a Director dated March 27, 1967 regarding cooperative .r agreement with the Newport -Mesa Unified School ,2 C2 District for the improvement of 16th Street from Irvine Avenue to Dover Drive. Resolution No. 6542, authorizing the execution of an Motion x agreement with the Newport -Mesa Unified School Roll Call: District for the improvement of 16th Street between Ayes x x x x x 'a Irvine Avenue and Dover Drive, was adopted. Absent x i Ls 9. A memorandum was presented from the Public Works i Director dated March 27, 1967 regarding 18 -inch lei s transmission main in Jamboree Road from Eastbluff Drive to Palisades Road (C- 1019). DAI n W The Public Works Department's issuance of Change Motion 3t Orders on subject contract was approved for the Ayes x x x x x :o le following work: Absent x (a) Modifications to the supports at abutment pile caps; (b) Increase costs in laying pipe across bridge; (c) Clearing of pipe; and (d) Lowering of valve vault tops to roadway grade. 10. A report from the City Council Freeway Committee :e dated March 24, 1967 regarding engineering and planning study for the relocation of the Newport Freeway to a Superior Avenue alignment was presented with a memorandum from the City Manager dated March 27, 1967. °��lzaQ4 Mayor Pro Tem ATTEST: �Q 6Lll�ifA,ad6 /J�rn�.o -g. City C er c Page 239 I R- De C4 be R se R< Gi W4 A: R SE cd AI L'. G L CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 240 .__.. •i___._ -.s rots `p wfGA RC`x � Councilman Forgit made a motion to adopt Resolution Motion x 6543 No. 6543 authorizing the preparation and execution Leuw, of an agreement with the firm of DeLeuw, Cather & gher Company for engineering services and with the firm Co, of Robert E. Grunewald & Associates for planning it eng services for an engineering and planning study ry & E ` concerning the relocation of the proposed Newport Beach Freeway to a Superior Avenue alignment. un Mane= Id & soc A discussion was had. Mary Jane Spitzer spoke from or ping the audience and opposed such expenditures on the :gV1ceS freeway matter. , -69 A vote was taken on Councilman Forgit's motion and Roll Call: Resolution No. 6543 was adopted. Ayes x x x x x Noes x Absent x . Mr. Don Hart spoke from the audience and requested clarification of action being taken. APPLICATIONS FOR LICENSE: Councilman Parsons made a motion to approve the appli- aPl f0Z cations of Nina J. Lemen and Jay Jamison, which motion Lc was withdrawn. � -63 Mr. William Martin spoke from the audience and protested the issuance of license for the Newport Tastee Freeze ice cream truck. The following application for license was approved: Motion x Ayes x x x x x x Exempt, Nina J. Lemen, representative for Field Absent x Bmen Enterprises Educational Corporation, Chicago, • Illinois, for soliciting sales of World Book & Childcraft (Interstate commerce). Councilman Forgit made a motion to approve the appli- Motion x cation for license of Jay Jamison. M ®l ZOO m, 1� n �J Mayor Pro Tern ATTEST: ..sp- City Clerk • Page 240 Jan L Pal 10 FW3 of CA_ CA- CA- CA- L Index Mnrclh 27. 1967 CITY OF NEWPORT BEACH Volume 20 - Page 241 COUNCILMEN 3 q y N p P O N N ff A x a i iMr. Jay Jamison spoke from the audience and stated that all rules and regulations were being carefully observed. Mrs. William Martin spoke from the audience and protested the litter caused by ice cream trucks. A -vote was taken on Councilman Forgit's motion, and the Ayes x x x x following application for license was approved: Noes x Absent x Jay Jamison, partner, for Newport Tastee Freeze, Bison 215 30th Street, Newport Beach, for sale of ice cream and drinks from truck. The Council agreed that the staff should investigate how many vendor trucks are operating in the City and should give thought to a policy regarding same. COMMUNICATIONS - REFERRALS: ' 1. The following letters regarding the Coastal Freeway were presented: (a) A letter dated March 21, 1967 from P. A. Palmer .Meg stating the Freeway Committee of 100 was organ - re ized for the purpose of gaining another hearing Cmte 100 before the State Highway Commission, giving the ,69 Committee's position regarding the freeway and stating that funds will be used to defray allowable expenditures. 69 (b) A letter dated March 10, 1967 from Mrs. Rudy Gibbs, Corona del Mar, protesting the Fifth Avenue routing of the freeway in Corona del Mar. (c) A letter dated March 14, 1967 from John 69 Prichard, resident of Newport Heights, protest- ' ing reopening of the freeway route question. (d) A letter dated March 22, 1967 from Forrest S. b9 Fullmer, 2801 Clay Street, Newport Beach asking permission for Mr. Prichard and Mr. Fullmer to be heard in opposition to reopening of the freeway issue at the Council meeting on March 27, 1967. (� 00 sue. hs�n�V Mayor Pro Tern ATTEST: City Clerk Page 241 I K K Index C hu Cool s tmi fwy L. Ltr C& re re I to f CA-- Como F.D Ofcl Scha CA-1 Iry req St B c hnp Lim • Req drei Can, Sec Is1e CA CITY OF NEWPORT BEACH Volume 20 - Page 242 March 27. 1967 COUNCILMEN c P, Z AG n P Mr. Forrest Fullmer, Chairman of a recently organized committee officially named, ''Adopted Route Action Committee '', which is in favor of com- plete cooperation with the State Division of Highways and of the present adopted route, and Mr. John Prichard spoke from the audience protesting the inland route. The above letters (a), (b), (c) and (d) were ordered Motion x filed. Ayes x x x x x Absent x Councilman Cook made a statement of motivation covering all aspects of the Coastal Freeway and his reasons for C °s opposing the spending of any additional tax monies in : re fighting the adopted route. 2. A letter dated March 9, 1967 from the Corona del Mar Chamber of Commerce regarding the lack of signs on fret freeways and highways indicating approaches to the CofC Corona del Mar area, enclosing a copy of letter to ;igns Supervisor Allen and a copy of letter from State Motion x ippro ch Highway Division regarding this matter, was referred Ayes x x; x x x .� :cim to staff. Absent x L9 3. A letter dated March 13, 1967 from Donald W. Hayton send commending Police Officer Scherle for his patience and consideration in connection with an accident Motion x 'rle involving Mr. Hayton's daughter, was referred to the Ayes x x x x X.3 33 City Manager. Absent x Co 4. A letter dated March 13, 1967 from The Irvine Com- for pany requesting a change in the street name of Aloha Motion x Ism Drive on Linda Isle to Linda Isle Drive, was referred Ayes x x x x X3 on to the Planning Commission for study and report. Absent x Is Isle '7 5. A letter from Ralph P. Maskey dated March 11, 1967 bearing six signatures of residents on Channel Place for stating that the channel opposite blocks 637 and 638 aging Canal Section on Newport Island is slowly silting up Il and becoming extremely shallow at low tide and Motion x of Np nd t asking that the City have this section dredged, was Ayes x x x x x x 70 referred to the staff for study and report. (�ia1LYl' Absent x Mayor ATTEST: �'-City Cle k Page 242 r CITY OF NEWPORT BEACH Volume 20 - Page 243 Index March 27, 1967 Signs at 8. Balb Blv CA -103 Appl I.v to prest Late Chi Buchanar CA -84 r L Sms & C CA -84 0 A letter from Kermit Dorius, Architect, dated March 22, 1967 stating that the proliferation of pole signs in the shopping center near intersection of Pacific Coast Highway and Balboa has alarmed him and that seen from the highway driving into the city, overall effect is confusing and ugly and the sign ordinance is in dire need of improvement, was referred to the staff. 9. An application for Leave to Present Late Claim by Donald Raymond Buchanan, Claim for Personal Injuries, and Declaration of Claimant, claiming damages for personal injuries allegedly sustained by claimant on or about August 14, 1966 in the vicinity of the Newport Jetty while body surfing, was present with a memorandum from the City Attorney dated March 22, 1967 regarding City Council action on subject application. Application for Leave to Present Late Claim by Donald Raymond Buchanan was denied. 10. A Summons and Complaint of Win G. and Lora -Jean Barkemeyer for damage to real property, Superior Court Case No. 152283, was referred to the City Attorney for Answer. ATTEST: deb ""d!!z 44 lrg City Cler yor Pro Tern Page 243 COUNCILMEN Motion x Ayes x xx xx Absent x Motion Ayes Absent Motion Ayes Absent xlxlxxxx x x x x x Motion Ayes x x x Absent x Motion Ayes x x x Absent x x x x 6. A letter dated March 21, 1967 from Blind Industries R of of California, Inc., requesting free permits for Blind their salesmen to solicit orders in the City and Indus. $o free free stating that it is a private industry hiring all blind permits Eor and handicapped workers in the factory, was referred salesmen to the staff for study and report. CA -63 7. A letter from Thomas M. Whaling, Anaheim, en- 1,tr adhny closing brochure describing an organization called support "Orange County Partners for Progress" stating it is for "Orn a non - profit venture incorporated in Orange County Co partn rs as a social welfare organization and is not supported for by any government, tax funds and asking Council for progress' their personal support, both moral and financial, was CA -82 ordered filed. Signs at 8. Balb Blv CA -103 Appl I.v to prest Late Chi Buchanar CA -84 r L Sms & C CA -84 0 A letter from Kermit Dorius, Architect, dated March 22, 1967 stating that the proliferation of pole signs in the shopping center near intersection of Pacific Coast Highway and Balboa has alarmed him and that seen from the highway driving into the city, overall effect is confusing and ugly and the sign ordinance is in dire need of improvement, was referred to the staff. 9. An application for Leave to Present Late Claim by Donald Raymond Buchanan, Claim for Personal Injuries, and Declaration of Claimant, claiming damages for personal injuries allegedly sustained by claimant on or about August 14, 1966 in the vicinity of the Newport Jetty while body surfing, was present with a memorandum from the City Attorney dated March 22, 1967 regarding City Council action on subject application. Application for Leave to Present Late Claim by Donald Raymond Buchanan was denied. 10. A Summons and Complaint of Win G. and Lora -Jean Barkemeyer for damage to real property, Superior Court Case No. 152283, was referred to the City Attorney for Answer. ATTEST: deb ""d!!z 44 lrg City Cler yor Pro Tern Page 243 COUNCILMEN Motion x Ayes x xx xx Absent x Motion Ayes Absent Motion Ayes Absent xlxlxxxx x x x x x Motion Ayes x x x Absent x Motion Ayes x x x Absent x x x x CITY OF NEWPORT BEACH Volume 20 - Page 244 Index March 27, 1967 11. The City Clerk's referral of the following claims for Motion CItS for damages to the insurance carrier, was confirmed: Ayes dings CA-84 Absent So, Ctys (a) A claim of Southern Counties Gas Company for Gas damage by Sanitary Pipeline Co., to pipeline at 6501 Seashore Drive on December 22, 1966 when Sanitary Pipeline Co. was operating as a sub- contractor for Yoder and Sons, prime contractor, on City Contract No. 1066, Improvement of Seashore Drive from 55th Street to Orange Ave- nue. (b) A Summons and Complaint of Walter Burroughs Burrough for damages for false arrest and imprisonment, and abuses attendant thereupon, and for damages for malicious abuse of process, Superior Court Case No. 149301. • ADDITIONAL BUSINESS: Min Res 1. The following Minute Resolution was adopted: Motion Ayes The City Council wishes to officially express its Absent for quiet quieer appreciation to all of those City employees who w contributed to making this year's Easter vacation in 1'ity period the most pleasant and successful in the recent history of the City. The Council wishes to especially commend the Chief of Police and his officers for their superb performance. CA =83 In addition, the City Council requests that the CA-74 Mayor send letters of appreciation as he deems appropriate to those individuals, public agencies, and private organizations who were of assistance to the City. • BUDGET AMENDMENTS: Budget Amend memorandum was resented from the Public Works p Director dated March 25, 1967 regarding Budget Amend- CA-102 ment for work on Dover Drive southerly of Westcliff Drive. ((�� Mayor Pro Tern ATTEST: ` City Clerk • Page 244 COUNCILMEN x X x ©0 CITY OF NEWPORT BEACH Volume 20 - Page 245 Index March 27, 1967 COUNCILMEN a c N • The following Budget Amendment was approved: Motion x Ayes xx x x xx C -51, $1, 100 decrease in Unappropriated Surplus and Absent x an increase in Budget Appropriations from Capital Outlay, State Gas Tax (186) to Budget Appropriations, Repair Dover Drive between Westcliff and 16th for repairing the surface of Dover Drive between Westcliff and 16th Street. (Sanitation District to donate $1, 500. ) COMMUNICATIONS - ADVISORY: 1. The following communications were ordered filed: Motion x Ayes xx x xxx (a) Letter addressed to Mayor Gruber from Earl M. Absent x CA -83 Stoneback thanking all the Councilmen for their kind words and thoughts, upon his retirement as a Police Officer of the City of Newport Beach. ®158 C (b) Letter dated March 13, 1967 from Mr, and Mrs. Wayne Crowl, 301 Poppy Avenue, Corona del Mar, urging that the City save as many trees in the city as possible. (c) Resolution from the City of National City endors- CA-71 ing a legislative program to amend the Mayo - Breed Formula for the allocation. of State gasoline taxes, adopted by the City Council of that city on March 14, 1967 and requesting support of the program. (d) Letter addressed to Mayor Gruber dated March 10, CA-66 1967 from John G. Schmitz, State Senator, thanking Mayor Gruber for his recommendations regarding Senate Bills 133 and 127. (e) Local Agency Formation Commission: (1) Notice of public hearing on April 12, 1967 CA-108 regarding proposed annexation to the City of Costa Mesa designated as River No. 5 Annexation, located easterly and adjacent to Santa Ana River Channel between Adams and Talbert. 17 laoo Mayor Pro Tern ATTEST: AAA /r City Clerk • Page 245 . t U Cd L 4 Cs CA C. C, G 1 CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 246 nuex ♦viui .... ..., . , - . 1 < 1 k , , , , (2) Notice of public hearing on April 12, 1967 regarding proposed detachment from Irvine Ranch County Water District designated as Detachment No. 4, located between Mac- Arthur and Bayview, northerly of Mesa Drive , °55 (f) League of California Cities Legislative Bulletin dated March 13, 1967, Second Digest of 1967 Assembly Bills and Second Digest of 1967 Senate Bills. (g) Resolution of the Board of Supervisors of Orange s °53 County regarding rules of proceedings governing conduct of public meetings of Board of Super- visors. s °53 (h) Copies of agenda of Board of Supervisors meetings held March 14, 21,1 1967. ' (i) Minutes of adjourned regular meeting and public ! °12 hearing of Orange County Water District held on March 8, 1967. (j) Orange County Press Club Reporter for March i 4 °179 1967. (k) Notice from the California Highway Commission 1 °69 of future meeting dates and places. � °$3 (1) Invitation from the City of Buena Park to the dedication ceremonies of its new Headquarters Fire Station, 8081 Western Avenue, April 7, 1967 at 2:00 P.M. (m) Invitation from the South Coast County Water °�3 District to their Open House at 31652 Second Avenue, South Laguna, Friday, March 21, 1967 from 2:00 to 5:00 P.M. Councilman Cook requested that the official Minutes re- flect his statement of motivation in connection with the Coastal Freeway (Page 242) and that the Minutes show his statement was recorded in full on the Audograph. The meeting was adjourned at 9:35 P.M. Motion x Ayes xxx xx 31 Absent x Mayor Pro Tern ATTEST: City Cle rk (I r Page 246 .