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HomeMy WebLinkAbout07/10/1967 - Regular Meetingl� a e CITY OF NEWPORT BEACH Volume 21 - Page 1 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: July 10, 1967 Time of Meeting: 7:30 P. M. Index Place of Meeting: Council Chambers COUNCILMEN s 9 Y c N Z C ' Roll Call: Present x x x x The reading of the Minutes of the Regular Meeting of Motion x June 26, 1967 were approved as written and ordered filed. Ayes x x x x ORDINANCES FOR ADOPTION: .223 1. Ordinance No. 1223, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 2. i2. 010, 2. 12.030 AND Z. 12. 080 OF THE NEWPORT 100 BEACH MUNICIPAL CODE RELATING TO 61 ADMINISTRATIVE DEPARTMENTS, changing the name of Building and Safety Department to Building Department and the title of Building and Safety Director to Building Director, and changing the # name of Lifeguard Department to Marine Safety Department and the title of Chief Lifeguard to Marine Safety Director, 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. 1223 was adopted. Motion x Roll Call: Ayes x x x x CONTINUED BUSINESS: 1._ to 1. A memorandum was presented from the Public Works _vin Director dated July 10, 1967 regarding proposed :m Policies amendments to the adopted Harbor Permit Policies. r The following addition to the Harbor Permit Policies Motion 90 was approved: Ayes x x x x ayor ATTEST: City Clerk Page 1 it X X X I xi xl CITY OF NEWPORT BEACH Volume 21 - Page 2 Index July 10, 1967 Motion Ayes COUNCILMEN """FO a1 ''Section 30. PATIO DECKS In areas where the waterways are privately owned, patio type decks may be cantilevered beyond the established bulkhead lines subject to the following conditions: (A) The maximum projection of patio deck en- croachments beyond the bulkhead line shall be limited to five feet. (B) The minimum setback from the prolongations of the side property lines shall be five feet. (C) No float shall be permitted within two feet of the decks. (D) No permanent structure shall be permitted on the projecting portion of the patio except: (1) Planters and benches not over sixteen inches in height. (2) Railings not over three feet in height with approximately 95% open area. 2. A memorandum was presented from the City Manager dated July 10, 1967 regarding ambulance service in -eel's Amb Newport Beach. ,.,.acle Subs Seal's Ambulance Service was granted permission to _a 110 substitute a 1962 Superior Cadillac ambulance for a 1965 Miller- Meteor Cadillac ambulance and a 1967 Superior Cadillac ambulance for a 1965 Cotner - Bevington Oldsmobile ambulance; and the staff was directed to bring back to Council a stricter ordinance relative to qualifications of ambulance attendants. wrvine-Terr 3. A memorandum from the City Attorney dated June 20, aan deed 1967 regarding deed restrictions affecting the use of -__- fictions Irvine Terrace Park was presented with a letter from William Abbott dated June 27, 1967 addressed to Mayor Gruber regarding the use of Irvine Terrace -® 38 Park. -� 49 Mr. Clyde Yarnell, President of Irvine Terrace Com- munity Association, and Angus Potter, Vice President of the Newport Harbor Lawn Bowling Club, spoke from the audience. Mayor ATTEST: City Clerk Page 2 Motion Ayes COUNCILMEN """FO a1 Index July 10, 1967 cKkway ree Roots 49 158 `li rssi iIc .or & svn & side - _lks on Drii CA 114 CA 30 CITY OF NEWPORT BEACH Volume 21 - Page 3 Councilman Parsons made a motion to refer the matter to the staff to work with the Association and to come back with a comprehensive program. A discussion was had. Councilman Parsons accepted an amendment to the motion to include the filing of Mr. Abbott's letter. A vote was taken on the amended motion, which m carried. 4. A report from the City Manager dated July 7, 1967 relative to procedure for correcting the parkway tree root problem was presented with a letter dated June 29, 1967 from Benjamin Modesti stating that he is against the removal of trees in the parkways. The City Clerk stated that a letter had been received that day from James W. Hines, Jr, of the Hines Wholesale Nurseries which also protested the removal of trees in the City. Councilman Parsons made a motion to refer the matter to the Parks, Beaches and Recreation Com- mission to come back with recommendations at the next Council meeting. Ted Witmer, Vice Chairman of the Parks, Beaches and Recreation Commission, spoke from the audience. A discussion was had. A vote was- taken on Councilman Parsons' motion, which motion carried. 5. A request of the Lido Sands Community Association dated June 20, 1967 for study of traffic problems in the area of the intersection of Pacific Coast Highway, Balboa Boulevard and Superior Avenue and for cross- walks on Seashore Drive was diaried for July 24, 196 ATTEST: Page 3 Motion Ayes Motion Ayes Motion Ayes COUNCILMEN x xlx lx xlxlx Es Ix ^` a 0 Index Statsenberl Hinder & Co A 112 -1140 Seal Coat Program 1967 -68 C -1124 CA 29 P . Seash, Dri - Waln to Colton R -6605 CA 22 Off- street prkg meter fees R -6606 CA 20 MOve bld at City Hal C -1120 R -6607 Higson Cons Co. CA 88 AD CITY OF NEWPORT BEACH Volume 21 - Page 4 Julv 10, 1967 COUNCILMEN s O Y O Y N A aim^' 6. The City Manager was authorized to work out an Motion x agreement with Statsenberg, Binder & Co, of Newport Ayes x x x Beach for auditing services for the City; terms of the agreement to specify that all work done for the City be done by Certified Public Accountants. CURRENT BUSINESS: 1. A memorandum was presented from the Public Works Director dated July 10, 1967 regarding the Seal Coating Program, 1967 -68 (C- 1124). The plans and specifications were approved, and the Motion x City Clerk was authorized to advertise for bids to be Ayes x x x opened at 10:00 A.M. on August 1, 1967. x?e. A memorandum was presented from the Public Works Department dated July 10, 1967 regarding the pro- hibiting of parking on the north side of Seashore Drive between the center lines of Walnut Street and Colton Street. Resolution No. 6605, establishing a no- parking area Motion on a portion of Seashore Drive, was adopted. Roll Call: Ayes x x x 3. A memorandum was presented from the Public Works Department dated July 10 regarding off - street parking meter fees, establishing parking meters at ten cents per hour for Zone 10. Resolution No. 6606, amending Section 5 of Resolution Motion No. 6564 which established regulations for the Roll Call: operation of parking meters, was adopted. Ayes x x x 4. A memorandum was presented from the Public Works Director dated July 25, 1967 regarding the receipt of ten bids by the City Clerk on July 3, 1967 for the construction of movable building at City Hall (C- 1120). Resolution No. 6607, awarding contract for subject Motion work to Higson Construction Co. , Inc. at the contract Roll Call: price of $24,483.00, was adopted. Ayes x x x Mayor ATTEST: City Clerk Page 4 XIX kAt: x -149 xlx xi xi Index July 10. 1967 W NA feeuard A oPeeMT28 x -6608 Harb Dist -1137 iuuinC terr C 61 R -6609 Co. of Org. -1138 financing ^A 61 5 Elaeima 6 sae: abates t r- revolving funds. ZA101 C. 112 A r;±1 for p RAE. 63 1 =2sen E ®eker AO CITY OF NEWPORT BEACH Volume 21 - Page 5 CO-UNCILMEN a, o" A memorandum was presented from the City Attorney dated July 6, 1967 regarding agreements with the County of Orange and the Orange County Harbor District. The following resolutions were adopted: Motion x Roll Call: (a) Resolution No. 6608 authorizing the execution of Ayes x x x x x x x an agreement with the Orange County Harbor District for the provision of lifeguard service by the City for beaches in unincorporated territory. (b) Resolution No. 6609 requesting financial aid from the County of Orange to pay for lifeguard service on City beaches and authorizing the execution of an agreement therefor. A memorandum was presented from the City Manager dated July 7, 1967 recommending the elimination of Weed Abatement and Revolving Funds. The elimination of the Weed Abatement and Revolving Funds and their inclusion in the General Fund were Motion x approved. Ayes x x x x x x x .PPLICATIONS FOR LICENSE: The application of Finn O. Olsen, owner of New Look, 810 E. Balboa Blvd. , for a dance hall, was diaried Motion x for July 24, 1967, and the staff was instructed to Ayes x x x x x x x discuss with the applicant possible conditions to be attached to the license and to suggest to the applicant that he be present. Phil Lansdell spoke from the audience regarding noise and types of clientele attracted by the above place of business. The application of Clara B. Kecker, owner of Mo Bo Tel Motor Inn - Auto Rentals, 4401 West Coast Highway, for automobile rentals - Agency for Broad- way Department Store Rentals and Alco Daily Rentals, was diaried for July 24, 1967, and the staff was Motion x instructed to request the applicant to be present. Ayes x x x x x x x yor ATTEST: City Clerk Page 5 i CITY OF NEWPORT BEACH Volume 21 - Page 6 COUNCILMEN Index July 10, 1967 3. The application of Robert Joseph Phelps, owner of Cardinal Cleaners, 477 Old Newport, for soliciting Motion Phelps dry cleaning business door to door, was approved. Ayes COMMUNICATIONS - REFERRALS: 'A,m for dings 1. The City Clerk's referral to the insurance carrier of as 84 the claim of Arnold Feldman for damages to his car which struck a block of cement allegedly dropped onto Motion the street by a City truck, was confirmed. Ayes & Comp 2. The City Clerk's referral to the City Attorney of the Summons on First Amended Complaint, Case No. = 6erling 127914, Superior Court of the State of California for the County of Orange, Rhea R. Sparling, Plaintiff, vs. Pauline Wilson, City of Newport Beach, Does One, 4 Two, Three and Four, Defendants, in connection with ownership of pier and dock located in front of 803 Motion North Bayfront, Balboa Island, was confirmed. Ayes 3. The claim of Humble Oil & Refining Company for Humble Oil refund of real property taxes allegedly erroneously and /or illegally assessed to and collected from said claimant for the year July 1, 1966 through June 30, Motion 1967 was referred to the City Attorney. Ayes 4. A letter dated July 8 from Mrs. William Stabler, ren City Chairman of Newport Beach City Arts Committee, Arts Cmte requesting the adoption of an ordinance formalizing .w. 135 the Newport Beach City Arts Committee as an official ao 60 committee, was considered. The City Attorney was instructed to prepare an Motion ordinance to replace Resolution No. 5526; establishing Ayes the Newport Beach City Arts Committee as a Com- mission and changing the three -year terms to four - year terms. B z, Mayor ATTEST: City Clerk Page 6 XIX1XIXIX xlxlx X W X X X X X X X i X x x x x x x XIXIXIXIX Index July 10, 1967 ADDY 0 -1224 1. E Kicycles on sidewalks 30 4 • It O Iv ix b, w D fx o: T h; t( E ai ATT] {{i -C CITY OF NEWPORT BEACH Volume 21 - Page 7 COUNCILMEN p ➢ w , T S m O 9 m O pG1 f-1 .'IONAL BUSINESS: mergency Ordinance No. 1224, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12. 56.140 OF THE. NEWPORT BEACH MUNICIPAL CODE RELATING TO OPERATING BICYCLES ON SIDEWALKS, lding to Section 12.56.140 surrey cycle, pedicab, - other wheeled device or conveyance used for ansportation and propelled by human power, was -esented with Alternate 1 which would prohibit cycles and the above - mentioned devices from being )erated or ridden upon any sidewalk in the City ccept on portions of the ocean front sidewalk, and lternate 2 which would prohibit bicycles and the >ove- mentioned devices from being operated or dden upon any sidewalk in the City except that cycles would be permitted to be ridden on portions the ocean front sidewalk. Neither alternate would -ohibit tricycles or wheelchairs. was directed that Alternate 2 be made a part of Motion x rdinance No. 1224. Ayes x x x x x x .ayor Gruber stated that this ordinance was being .troduced as an emergency ordinance and would :come effective immediately if adopted. ith the unanimous consent of the Council, Mayor ruber stated that the further reading of the -dinance was waived. - adley Lewis, Orange Coast College student, spoke om the audience opposing the adoption of the -dinance as an emergency ordinance. he proposed emergency ordinance was amended to Motion. the the word "skateboards" added after wheelchairs, Ayes x x x x the last sentence of Section 12.56. 140. Noes x x mergency Ordinance No. 1224, as amended, was Motion x iopted. Roll Call: Ayes xxx xxx Mayor :S T_ O City .,S_ c Page 7 I 1 BI A, r! Index July 10, 1967 CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 8 A �O o ? m ` Ix x xl x x i a °s x1 XI BUDGET AMENDMENTS: idge2 mnAmpnf et Amendment C- 1 1. Budget g , $28,500 decrease in Un- appropriated Surplus and an increase in Budget Ap- 102 propriations for 1966 -67 carry -over Capital Improve- ment Projects (storm drain - 16th Street, subsurface utilities- Riverside and Pacific Coast Highway, miscellaneous alley maintenance and reconstruct Motion streets), was approved. Ayes x x 2. Budget Amendment C -2, $11, 000 decrease in Unap- propriated Surplus and an increase in Budget Appropriations for appropriation in 1966 -67 Capital Improvement Budget for master traffic count stations approved by City Council June 26, 1967, was con- sidered. Councilman Rogers made a motion to approve Budget Motion x Amendment C -2, which motion was duly voted upon. Ayes x x Noes Abstain A discussion was had regarding the vote. i The City Clerk called for a canvass of the vote, and Ayes x x Budget Amendment C -2 was approved. Noes 3. Budget Amendment C -3, $13, 000 decrease in Unappropriated Surplus and an increase in Budget Appropriations for appropriation in 1966 -67 Capital Motion Improvement Budget for West Newport restrooms, Ayes x x x approved by City Council June 26, 1967, was approved Noes 4. Budget Amendment C -4, $7, 000 net increase in Unappropriated Surplus and an increase in Budget Appropriations and in Revenue Estimates, Donations and Contributions, for Capital Improvement Projects carry -over into 1966 -67 and State's share of West Motion Newport Beautification, was approved.. Ayes x x 3 5. Budget Amendment C -5, $19', 200 decrease in Unappropriated Surplus (State Gas Tax) and an increase in Budget Appropriations for 1966 -67 carry- over of Capital Improvement Projects (reconstruct 16th - Irvine to Seagull, reconstruct Placentia at Production and traffic signal at MacArthur and San Motion x Joaquin), was approved. Ayes x x x ayor ATTEST: • City Clerk Page 8 Ix x xl x x i a °s x1 XI CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 9 a p p y c N p y A, y m 2 t� 2 G (C;, Index July 10. 1967 N N ff A 7c %1 °y E 39 53 ,10 108 • 6. Budget Amendment C -6, $6, 930 decrease in Unappropriated Surplus and an increase in Budget Appropriations for 1966 -67 carry -over Capital Improvement Projects (telephone lines to Lifeguard Towers and reconstruct Placentia at Production), Motion x was approved. Ayes x x x x x x 7. Budget Amendment C -7, $29, 000 decrease in Unappropriated Surplus and an increase in Budget Appropriations for restoration of reduction in Annual Motion x Street and Alley Reconstruction and Maintenance Ayes x x x x Program, was approved. Noes x x 8. Budget Amendment C -8, $25,000 transfer from Un- Motion x appropriated Surplus for partial payment of loan from Ayes x x x x Future Water Sources Fund, was approved. Noes x x 9. Budget Amendment C -9, $19, 000 decrease in Unap- propriated Surplus and an increase in Budget Ap- propriations for 1966 -67 carry -over Capital Improve- ment Projects (Upper Bay Water Loop and Water Motion x Main - 23rd - Tustin /Irvine), was approved. Ayes x xi x X X X COMMUNICATIONS - ADVISORY: 1. The following communications were ordered filed: Motion x Ayes x xx xxx (a) . Copy of a letter dated June 19 addressed to Chief Glavas from Edw. Lee Russell, M. D. regarding inspection of health and sanitary conditions of the Newport Beach City Jail, and reporting overall sanitation and maintenance as very satisfactory. (b) Orange County Local Agency Formation Com- mission public hearings to be held on July 12, 1967 on the following: (1) Proposed de- annexation from the Costa Mesa Park and Recreation District designated as Newport Beach Deannexation No. 2, 10 acres located at northeast corner of 15th Street and Santa Ana Avenue. ayor ATTEST: City Clerk Page 9 XI X1 .14! X1 CITY OF NEWPORT BEACH Volume 21 - Page 10 Index July 10, 1967 (2) Proposed annexation to the Costa Mesa Sanitary District designated as Engineer's CA 108 No. 102, located in the Fairview Tract .west of Harbor Boulevard. (c) Orange County Road Department transmitting map of proposed annexation to Orange County Street Lighting Maintenance District No. 10 - Industrial Annexation No. 1, located northeast of Campus Drive between MacArthur Boulevard and Jamboref Road. (d) Report dated June 23, 1967 from State Controller . 58 Houston I. Flournoy listing the estimated in- crease in population of Newport Beach during the period from December 1, 1966 to May 31, 1967 to be 1400, and listing Newport Beach's motor vehicle license fee apportionment for the same period to be $230, 690. 34. (e) A letter dated June 20, 1967 from Mayor Harold M. Tollefson, President of National League of 83 Cities, inviting municipal officials to attend the 44th annual Congress of Cities to be held July 29- August 2 in Boston. Z. Mrs. Lavinia Williamson spoke from the audience regarding presentation to the City of a flagpole in 61 honor of Newport Beach lifeguards. A letter dated June 28, 1967 from Keith H. Moses commending Newport Beach's Marine Safety Depart- ment and regarding Mrs. Williamson's above request was referred to the staff. 3. A letter dated June 12, 1967 from Claud T. Smith enclosing a copy of a letter of complaint he sent to 37 Mr. William Holstein of The Bluffs in connection with his condominium and also a copy of complaint letter to Councilman Cook, was referred to the staff to advise Mr. Smith that the matter was a civil one. (Mayor ATTEST: c -4 gz � City C1 rk Page 10 Motion Ayes COUNCILMEN X Motion Ayes x x x x CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 11 •O y C N = G Index July 10, 1967 CA 48 ;.A 64 CA 42 CA 12 CAA f CA 36 CA 91 4. The following communications were ordered filed: Motion Ayes x x x x xi (a) A resolution from the City of Brea supporting proposed location of the United States Naval Ordnance Test Station site at the U. S. Naval Air Station, Los Alamitos, California. (b) Minutes of the Orange County Airport Commission meeting held June 13, 1967. (c) Minutes of the Orange County Division League of California Cities General Meeting held June 22, 1967: (d) Minutes of Board of Directors, Orange County Water District, Meeting held June 21, 1967. (e) Copies of agenda of the Orange County Board of Supervisors meetings held June 27 and July 5, 1967. (f) Application No. 49522 before the Public Utilities Commission of the State of California in the matter of the application of Air California for a Certificate of Public Convenience and Necessity, flights to San Jose, Oakland -San Francisco. Councilman Marshall's request for permission to be out of the City and State from July 12 to August 11, 1967 was Motion _ granted. Ayes x x x x x Mayor Gruber stated that the regularly scheduled Study Session for July 17, 1967 would not be held. Hans Lorenz spoke from the audience expressing the need for protection of future water resources of the City, making recommendations concerning the drilling of two new wells at Adams and Brookhurst to be connected to an existing reservoir, and offering to continue his cooperation and interest in any studies involved with future water supplies. ayor ATTEST: �e.s s - City Cler Page 11 CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 12 s Index July 10, 1967 N r A A A 2 r m o 0 r AL --A. 11& r] • Tony Karamanos, owner of the Surf and Sirloin Restaurant on the Pacific Coast Highway in West Newport, spoke from the audience regarding traffic in West Newport and re- questing crosswalks across Pacific Coast Highway. The Council agreed that the matter should be referred to the staff for a report back. The meeting was adjourned at 10 :20 to an Executive Sessio for the purpose of studying the salaries of the Council - appointed personnel. The meeting reconvened at 10:55 P.M. with all members present. The meeting was adjourned at 10:55 P.M. Motion x Ayes x x x ayor ATTEST: City C er c Page 12 I