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12/27/1967 - Regular Meeting
Index Pub. Hrg. Balboa Pay Club U.P. 1311 CA 15 0 -1240 CA 10 6- Volume 21 - Page 160 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: December 27, 1967 Time of Meeting: 7:30 P.M. Place of Meetine: Council Chambers COUNCILMEN s 1 q D m O D m Roll Call: Present x x x x x The reading of the Minutes of the Regular Meeting of December 11, 1967 was waived and said Minutes were Motion x approved as written and ordered filed. Ayes x x x x x HEARINGS: 1. Mayor Gruber opened the continued public hearing regarding the appeal of the Balboa Bay Club from the decision of the Planning Commission denying appli- cation for Use Permit No. 1311 to operate an excursion boat serving alcoholic beverages. The findings of the Planning Commission dated December 11 were presented with a letter dated December 12 from Eric A. Egge opposing subject permit and a petition with ten signatures in favor of granting the permit. Planning Director Ernest Mayer, Jr, presented the findings of the Planning Commission and read the five conditions of approval which had been suggested by the staff at the Planning Commission hearing. Mr. Richard Stevens, Vice President of the Balboa Bay Club, spoke from the audience. Councilman Forgit made a motion that the hearing be closed, which motion was withdrawn. The hearing was continued to 7:30 P.M. on January 22 1968, and the staff was directed to prepare ground rulesfor the operation of the excursion boat if Use Motion x Permit No. 1311 were to be granted. Ayes x x x x x ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1240, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 20. 51 TO TITLE ZO ayor ATTEST: City Clerk Page 160 I X x �P e$c R41 R CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 161 ay CC, Inrlpy December 27. 1967 a x X1 1 \ 1 \ OF THE NEWPORT BEACH MUNICIPAL CODE TO PROVIDE FOR A PLANNED COMMUNITY DISTRICT, Planning Commission Amendment No. 237, estab- lishing a planned community which provides for more attractive and efficient development of a mixture of land uses in a comprehensive planned relationship, Motion was diaried for January 8, 1968. Ayes x x x CONTINUED BUSINESS: 1. The matter of seasonal parking meter schedules in the -kg Meter McFadden Square ocean front business district was :hedules considered. :Padden S . Traffic Engineer Robert Jaffe presented a staff report. Councilman Cook made a motion to adopt Resolution No. 6684 suspending the operation of certain parking meters and limiting the parking of vehicles in certain portions of Parking Meter Zones 4 and 12. A discussion was had. Councilman Cook accepted Councilman Shelton's amendments that the resolution provide for the operation of the meters in front of the ocean front businesses from McFadden Place to 180 feet westerly of 23rd Street to be suspended, effective immediately, seven days a week, with a two -hour parking limit to be established; said meters not to be put back into operation until the completion of the proposed ocean front parking lot improvements. �. Sid Soffer spoke from the audience. With the unanimous consent of the Council, Mayor Gruber stated that the further reading of the reso- lution was waived. -6684 A vote was taken on Councilman Cook's amended motion, and Resolution No. 6684, suspending the 1 20 operation of certain parking meters and limiting the Motion parking of vehicles in certain portions of Parking Roll Call: Meter Zone 4, was adopted. Ayes x x X: L.-'Mayor ATTEST: •, / " .n , City Clerk Page 161 x X1 Index W Resub 237 Relinq. of access rgt R -6685 C® 129 • 32nd St widening 0- 1152.0 Co, Orange (A) CA 29 Sever Maix Replacemnt 1967 -68 0 0-1145 R -6687 Far Westex Pipeline C® 32 -0 CITY OF NEWPORT BEACH Volume 21 - Page 162 ?7 1Q1.7 COUNCILMEN i RESOLUTIONS FOR ADOPTION: 1. A memorandum was presented from the Public Works Director dated December 27, 1967 regarding relin- quishment of access rights to the easterly side of Superior Avenue southerly of Placentia Avenue (Resubdivision No. 237). With the unanimous consent of the Council, Mayor Gruber stated that the further reading of the reso- lution was waived. Resolution No. 6685, accepting a Relinquishment of Motion x Access Rights from William J. and James Cagney, Roll Call: was adopted. Ayes x x x x x x x Z. A memorandum was presented from the Public Works Director dated December 27, 1967 regarding the widening of 32nd Street from Newport Boulevard to Balboa Boulevard. With the unanimous consent of the Council, Mayor Gruber stated that the further reading of the reso- lution was waived. Resolution No. 6686, requesting the County of Orange to include within the Arterial Highway Financing Program the improvement of 32nd Street between Motion x Newport Boulevard and Balboa Boulevard, was Roll Call: adopted. Ayes x x x x x x x 3. A memorandum was presented from the Public Works Director dated December 27, 1967 regarding the sewer main replacement program for 1967 -68 (C- 1145). With the unanimous consent of the Council, Mayor Gruber stated that the further reading of the reso- lution was waived. Resolution No. 6687, authorizing the execution of a contract with Far Western Pipeline Inc. for subject project in the amount of $44, 952. 50, was adopted; and Motion x the Finance Director was authorized to encumber Roll Call: funds in the amount of $53, 000. Ayes x x x x x x x Mayor ATTEST: City Cler Page 162 I CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 163 .inuto 4. The following Minute Resolution was adopted. Motion x .0solutiO13 Ayes x x x x x x x IT IS HEREBY RESOLVED that the City -rkg meters Council approves and confirms the action lalboa Pe n . of the City Manager in directing that the ;A 20 parking meters in the Balboa Peninsula business district be covered and that no charge be made for the use of said metered parking spaces during the Christmas holi- days, effective December 16, 1967, and continuing through January 2, 1968. 5. The City Clerk stated that letters had been received 'ac. South from Frank Michelena requesting to be heard at the 'est Airli es Council meeting regarding the Pacific Southwest ,pplic. Airlines' scheduled flights from Orange County Air- port and from Angus Potter recommending a new stricter Council policy in connection with scheduled flights from the Orange County Airport and keeping the flights at a status quo. Mr. Frank Michelena, representing Pacific Southwest Airlines, spoke from the audience. With the unanimous consent of the Council, Mayor Gruber stated that the further reading of the reso- lution was waived. °5588 Resolution No. 6688, urging the Public Utilities Com- mission to grant a rehearing on the application for a Motion x A 64 Certificate of Public Convenience and Necessity of Roll Call: A 35 Pacific Southwest Airlines, was adopted. Ayes x x x x x x x auncil It was the consensus of the Council that the Council a*cy Policy regarding the Orange County Airport should be up- dated. CURRENT BUSINESS: bty hater 3118 in 1. A memorandum was presented from the Public Works tg. Bch. Director dated December 27, 1967 regarding 12 engineering for redeveloping City wells in Huntington Beach. Montgom ry The recommendations of the Water Committee were ngineers concurred in, and the retention of James M. Mont - A 38 Mayor ATTEST: • City ity ClerkI page 163 Index Harbor Projects 1967 -68 0 -1148 CA 70 9,00cean Front Prkg Lot Imp. 0 -1143 CA 21 Street lighting Irvin Av- Highland Ds tlestcliff f CA 28 CA 101 40- CITY OF NEWPORT BEACH Volume 21 - Page 164 17aramhPr 27. 1967 COUNCILMEN L I xl x x X 0 xi gomery Consulting Engineers, Inc. at a cost not to exceed $1, 200 for engineering services to study redevelopment of the City owned wells in Huntington Beach, and with the services to be paid for out of the Motion Future Water Sources Reserve, was authorized. ' Ayes x x x x 2. A memorandum was presented from the Public Works Director dated December 27, 1967 regarding the combined Harbor Projects of 1967 -68 (C-1148). The plans and specifications for subject project were approved, and the City Clerk was authorized to advertise for bids to be opened at 10:00 A.M. on Motion x January 15, 1968. Ayes x x x x 3. A memorandum was presented from the Public Works Director dated December 27, 1967 regarding the Newport ocean front parking lot improvements (C- 1143). The plans and specifications for subject project were approved, and the City Clerk was authorized to advertise for bids to be opened at 10:00 A. M, on Motion January 16, 1968. Ayes x x x x 4. A memorandum was presented from the Public Works Director dated December 27, 1967 regarding street lighting on Irvine Avenue from Highland Drive to Westcliff Plaza Shopping Center. Mr. William Harris spoke from the audience. The staff was directed to contact the owners of all property on the easterly side of Irvine Avenue between Westcliff Plaza and Highland Drive to determine whether they would be willing to pay for street lights on Irvine Avenue; and the inclusion of funds in the 1968 -69 budget to pay for street lights abutting Mariners Park, the fire station and the Dover Drive intersection was approved subject to Motion x participation by the property owners being obtained. Ayes x x x x ayor ATTEST: ` V City Clerk Page 164 L I xl x x X 0 xi CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 165 i oy NA '"m 0 I�rloY Tlorcm hcv ?7 1QA7 5. A memorandum was presented from the Public Works 'r. 4003 Director dated December 27, 1967 regarding Linda Isle) acceptance of improvements in Tract 4003. . cced cc epted The public improvements constructed in conjunction IA �3 with Tract 4003 were accepted, and the City Clerk was authorized to release the Faithful Performance Motion x Bond. Ayes x x x x x x 6. A memorandum was presented from the Public Works Ipt Blvd/ .8th 8t- Director dated December 27, 1967 regarding Irkg lot acceptance of construction of the Newport Boulevard I -1116 parking lot between 28th and 30th Streets (C- 1116). 1A 21 Subject work was accepted, and the City Clerk was authorized to file a Notice of Completion and to • release the bonds 35 days after the Notice of Com- Motion x pletion has been filed. Ayes x x x x x x x 'raffic 7. A memorandum was presented from the Public Works signals Director dated December 27, 1967 regarding the 9. Joa:iuin acceptance of installation of traffic signals and street [ills Rd/ 2cArthur/ lighting on San Joaquin Hills Road at MacArthur Boulevard and Santa Rosa Drive (C- 1117)• 3. Rosa -1117 Subject work was accepted, and the City Clerk was U 19 authorized to file a Notice of Completion and to JA 28 release the bonds 35 days after the Notice of Com- Motion x pletion has been filed. Ayes x x x x x x x Pamboree R 8. A memorandum was presented from the Public Works .,ealignmen Director dated December 27, 1967 regarding the -847 acceptance of Jamboree Road realignment (C -847). The City Clerk stated that a letter had been received on December 27, 1967 from attorney William Began 3A 29 requesting to be heard at the Council meeting in connection with the assessment of liquidated damages. Attorney William Began, representing Rockwin Pre- stressed Concrete Corporation, and Mr. Jack Elixson, Contract Administrator for Coxco, spoke from the audience opposing the assessed amount of liquidated damages. ayor ATTEST: City Clerk Page 165 i Index Gen. Muni Election 1969 CA 76 0 Employees Comp. Plal amended CA 45 CA 70 council policy CA 90 CA 30 Ept land CA 49 0 CA 102 CA 23 CA 87 W CITY OF NEWPORT BEACH Volume 21 - Page 166 December 27, 1967 The matter was referred back to the Public Works Director and the City Attorney for consultation and review of the facts as presented by the contractor. 9. A memorandum was presented from the City Clerk dated December 27, 1967 regarding Candidate's Statement of Qualifications - General Municipal Election, April 9, 1968. It was directed that Candidates filing a Statement of Qualifications shall be charged the prorated cost of printing and handling the Statements, that $100 shall be deposited at the time of filing to cover the esti- mated cost, and said deposit to be refunded if Statement is withdrawn. 10. A memorandum was presented from the City Manager dated December 22, 1967 regarding title change of Administrative Assistant - Harbor Class. Page One of the Alphabetical List of Permanent Classes of the Municipal Employee Compensation Plan for 1967 -68 was amended to change the title of the class of Administrative Assistant - Harbor to City Harbor Coordinator. 11. The Council Policy Statement relative to partici- pation in construction of ocean front sidewalks desired by abutting property owners, was tabled. 12. A memorandum was presented from the City Manager recommending a Budget Amendment to provide equipment, supplies and personnel for maintenance of center island and parkway landscaping in Newport Center for which the City has accepted responsibility. The City Manager's recommendation was approved with the additional proviso that the funds required be a loan to be reimbursed by Parks, Beaches and Recreation Funds. 13. The municipal projects priority schedule was diaried for January 8, 1968, ATTEST: Page 166 Motion Ayes Motion Ayes Motion Ayes Motion Ayes Noes COUNCILMEN X X X X X x X x x x x X Motion Ayes X X x Motion x Ayes X X X X X a Z Index Clms Dmgs CA 94 Morse Carver CA 11 • CA 70 req for assess. di CA 29 Dory fish mrkt prkg meters CA 21 0- CITY OF NEWPORT BEACH Volume 21 - Page 167 December 27, 1967 COUNCILMEN s A 9 P c m O Y B iO4 0 x x 1© 14© xlxl Al COMMUNICATIONS - REFERRALS: I 1. The City Clerk's referral of the following matters Motion x to the insurance carrier was confirmed: Ayes x x x (a) Claim of Richard F. Morse for damage to a door which he alleges was caused by the Newport Beach Police on November 5, 1967. (b) Claim of Roy Carver for damage to the water sprinklers and valve system in his yard allegedly caused when run over by a City trash truck on October 9, 1967. 2. A letter dated December 15, 1967 from R. A. Erwin protesting the amount and the method of assessing Weed Abatement charges regarding his lots at 909- 11- 13 East Balboa Boulevard and 906-08-10 Ocean Front was presented. Subject request was denied and the abatement assess- Motion ment as imposed was confirmed. Ayes x x i x 3. A letter dated December 19, 1967 from Local Agency Formation Commission regarding public hearing on proposed detachment of City of Huntington Beach from Orange County Harbor District to be held January 10, 1968 and stating that any comments by Newport Beach on this proposal should be received by the Commission Motion at least one week prior to the hearing, was ordered Ayes x x x filed. Noes 4. A petition from eight property owners to establish an t assessment district for construction of alley from 32nd Street to 33rd Street between Ocean Front and Balboa Boulevard was referred to staff for appropri- ate action and reply indicating City's willingness to support request and that City will proceed with assess- ment district as soon as the engineering study is com- Motion pleted. Ayes x x x ADDITIONAL BUSINESS: 1. In connection with parking spaces at the dory fishing market, it was directed that the parking spaces numbered 1001, 1002 and 1003, located at the south- east corner of the City's ocean front parking lot, be regulated by a 30- minute parking time limit, and that the parking meters be set to operate accordingly Motion with the existing basic fee. Ayes x x x a y o r ATTEST: City Clerk Page 167 iO4 0 x x 1© 14© xlxl Al Index Budge Amend; CA 10 Me 41 C -107( CAI CA 121 CA 49 • CA 70 CA 49 (Bch E CA 39 C -1157 CITY OF NEWPORT BEACH Volume 21 - Page 168 December 27. 1967 COUNCILMEN 1 A of 0 xl x BUDGET AMENDMENTS: sent s 1. The following Budget Amendments were approved: Motion x Ayes X xxx C -40, $4, 100 increase in Budget Appropriations for property owners' contribution toward the cost of the 1967 -68 Sewer Main Replacement Program from Un- appropriated Surplus to Public Works - Sewer. C -41, $5, 700 increase in Budget Appropriations and a return of $12, 835 to Unappropriated Contingency Reserve of the unexpended balance on the second contract of the 1966 sand haul (C- 1070) and transfer of $5, 700 for the economic land use study of the City dump site to Nondepartmental, Services - Professional, Technical. C -42, $1, 200 increase in Budget Appropriations for economic feasibility study of redrilling the City wells located at Adams and Brookhurst in Huntington Beach to provide a secondary source of water for the City from Future Water Sources to Water, Services - Professional, Technical. C -43, $7, 030 increase in Budget Appropriations from Unappropriated Surplus for loan of funds to Park and Recreation Fund and increase appropriations to cover additional personnel, supplies and equipment needed to provide landscape maintenance at Newport Center. COMMUNICATIONS - ADVISORY: 1. The following communications were ordered filed: Motion x - Ayes x xxx x (a) A letter dated December 15, 1967 from James B. Utt to Mayor Gruber regarding the use of harbor dredging to reestablish the eroded beaches and roe) advising he has taken up the matter of the harbor dredging project with the Los Angeles office of the Army Engineers. (b) A letter dated December 14, 1967 from Rev. Duane O. Mayfield protesting the City's proposed EPS system. Mayor ATTEST: �A 4, /L/1yI fY'm City lerr&/ Page 168 i xl x Index W CA 39 CA 49 CA 83 U /P° 1320 CA 15 • CA 107 CA 36 R CA 3 C& 12 CA 127 CITY OF NEWPORT BEACH Volume 21 - Page 169 December 27. 1967 COUNCILMEN s o v � \el'i � °o F Z (c) A letter from F. Jerry Hendrickson attaching editorial from the Newporter relative to the proposed EPS system. (d) A letter dated December 15, 1967 from Corona del Mar Chamber of Commerce thanking Council for the speedy and efficient completion of the recent landscaping of the islands at both ends of the community and especially commending Parks, Beaches and Recreation Director Calvin Stewart and his department both in regards to the con- struction work. and the selection of plants. (e) A letter dated December 16, 1967 from Harry V. Kemp appealing from decision of Planning Com- mission granting Use Permit 1320 allowing variance pertaining to conversion of existing garage at 213 Pearl Ave. , Balboa Island. (f) A letter dated December 6, 1967 from Controller of the State of California regarding monthly apportionment to counties and cities of 30 percent of all money deposited in the Cigarette Tax Fund derived from taxes imposed on and after October 1, 1967 and setting out method and conditions of apportionment. (g) Notice that Western Union Telegraph Company has filed with the California Public Utilities Com- mission revisions in its intrastate tariff schedules in the State of California. 2. The following communications were ordered filed: Motion x Ayes xxx xxx (a) Copies of agenda of the Orange County Board of Supervisors meetings held December 12, 13, 19 and 20, 1967. (b) Minutes of regular meeting of Coastal Municipal Water District held November 9, 1967. (c) Resolution from the Orange County Chapter of American Institute of Architects recommending that all Orange County cities establish utilities undergrounding programs and volunteering help in establishing such programs. The meeting was adjourned at 10:5 Motion x Ayes xxx xxx Mayor ATTEST: CA.R ity Clerk Page 169 I