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HomeMy WebLinkAbout08/19/1968 - Adjourned Regular MeetingCITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 28a Minutes of ADJOURNED REGULAR MEETING OF THE CITY COUNCI Date of Meeting: August 19, 1968 ;1�1p\j05`o, Time of Meeting: 7:JU Y. M. Z _Index Place of Meeting: Council Chambers 1P o i 2 yf A N c '" qW Roll Call: Present x x x Absent x ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1268, being, Modifi- AN ORDINANCE OF THE CITY OF NEWPORT cations BEACH ADDING CHAPTER 20.47 TO TITLE 20 Committee OF THE NEWPORT BEACH MUNICIPAL CODE TO ESTABLISH A MODIFICATIONS COMMITTEE, providing for the establishment of a three - member staff committee consisting of the Planning Director, Building Director and Public Works Director (or their representatives) for the purpose of passing upon requests for reasonable use of property not permissi- ble under existing zoning regulations was presented with a memorandum from the City Attorney and the findings of the Planning Commission. Planning Director Ernest Mayer, Jr. reported on the I indings of the Planning Commission. Ordinance No. 1268, as amended, was introduced and Motion x set for public hearing on September 10, 1968, Ayes x x x Absent x 2. Proposed Ordinance No. 1269, being, District AN ORDINANCE OF THE CITY OF NEWPORT Map BEACH ESTABLISHING SETBACK LINES AND No. 30 AMENDING DISTRICT MAP NO. 30, Planning Commission Amendment No. 248 which proposed to amend District Map No. 30 in order to establish a twenty foot rear yard setback on a portion of Blocks 5 and 51 of Irvine's Subdivision and a portion _ of Lot Y, Tract 706 located at 2222 University Drive was presented with the findings of the Planning Com- mission. Ordinance No. 1269 was introduced and set for public Motion hearing on September 10, 1968. Ayes x x x Absent x Page 28a i m P 1 X I t 1 CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 28b A 2 ? O Z fOp p.1 m ..,7e� Anan et 19 _ 1QA9 w Z a f m S 70 i_ 3. Proposed Ordinance No. 1270, being, )istrict AN ORDINANCE OF THE CITY OF NEWPORT nap BEACH REZONING PROPERTY AND AMENDING do. 29 DISTRICT MAP NO. 29, Planning Commission Amendment No. 249 filed by Panamint Construction Company requesting approval to rezone Lots 1 thru 7, Tract 6689 from an Un- classified to an R- 1 District was presented with the findings of the Planning Commission. Ordinance No. 1270 was introduced and set for public Motion hearing on September 10, 1968, Ayes x x x x x!, Absent x The above ordinances were set for public hearing on _ • August 26, but because of the 10 -day publication require- ment, the hearing dates were changed to September 10 by Motion x Vice Mayor Parsons' motion immediately following action Ayes x x x x x on the Continued Business items. Absent x 4. Proposed Ordinance No. 1271, being, treet AN ORDINANCE OF THE CITY OF NEWPORT ;losures BEACH ADDING CHAPTER 12.62 TO THE NEWPORT BEACH MUNICIPAL CODE RELATIN TO TEMPORARY STREET CLOSURE, authorizing the City Manager to permit temporary closing of streets for special events was presented. Ordinance No. 1271 was introduced and passed to Motion x second reading on August 26, 1968, Ayes x x x x x Absent x • ORDINANCES FOR ADOPTION: 1. Ordinance No. 1265, being, ;ewer AN ORDINANCE OF THE CITY OF NEWPORT �onnec- BEACH AMENDING CHAPTER 14.24 OF THE ions /In- NEWPORT BEACH MUNICIPAL CODE RELATIN iustrial TO SEWER CONNECTION, PERMITS, AND AMENDING SECTION 14.28. 030 OF SAID CODE RELATING TO INDUSTRIAL WASTE PERMIT, providing that the City no longer be required to install the sewer connections to public sewers, was presented for second reading. Ordinance No. 1265 was adopted after the reading of Motion x the ordinance was waived by unanimous consent of Roll Call: the Council. Ayes x x x x x Absent x Page Z8b xl x x I 7 CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 28c i ° v a s Z a 0 Y- A = O Z f A 1 OAR ,y c� x 2. Ordinance No. 1266, being, )rive in AN ORDINANCE OF THE CITY OF NEWPORT ?ood BEACH AMENDING SECTIONS 20. 02.135 AND :stblsmts 20. 53. 010 OF TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO DRIVE.IN, TAKE OUT AND OUTDOOR RESTAURANTS, Planning Commission Amendment No. 244, amending definition of drive in and outdoor restaurants, was presented for second reading. Ordinance No. 1266 was adopted after the reading of Motion x the ordinance was waived by unanimous consent of Roll Call: the Council. Ayes x x x x x • Absent x CONTINUED BUSINESS: 1. A memorandum was presented from the City Attorney fir. Co. regarding state legislation establishing Airport Land kirport Use Commissions. Land Use mom- The City Attorney was instructed to prepare an ap- Motion nission propriate resolution and to bring back to Council Ayes x x x x x August 26; upon adoption of the resolution, copies are Absent x to be sent to the City of Costa Mesa and the League of California Cities. 2. A memorandum was presented from the Public Works Iarbor Director regarding revision to the Harbor Permit Permit Policies in connection with notification of unusual Policy applications. • Resolution No. 6841, as amended, adding Subsection to Section 5 of the Harbor Permit Policies relating to Motion x the issuing of Harbor Permits, was adopted after the Roll Call: reading of the resolution was waived by unanimous Ayes x x x x x consent of the Council. Absent x 3. A memorandum was presented from the City Manager - Mobile regarding Grand Jury recommendation on local control X -ray over X. -ray units operating within the City. Units The matter was tabled until such time as the County Motion x Health Department has developed a uniform controlling Ayes x x x x x ordinance for County -wide application; and the Mayor Absent x was directed to advise the Foreman of the Grand Jury that the Council concurs with the basic concept and will act upon it at such time as the County has developed a uniform ordinance. Page 2'8c ,y c� x Index W V endi: Machi Licen Fees Humb Oil Assgr Jil Rg • Lifegi Servi; 32nd E Widen • Stop s Valida • CITY OF NEWPORT BEACH Volume 22 - Page 28d A". ".+ is 10AA COUNCILMEN 4. A memorandum was presented from the City Manager zg regarding the vending machines business license taxes ne ge The City Attorney was instructed to prepare ordinance Motion x amendments in accordance with the proposed schedule Ayes x x x x x x for service machines, stamp machines and bulk Absent x vending machines. RESOLUTIONS FOR ADOPTION: 1. A resolution consenting to the assignment of a contract le for oil production from the Humble Oil and Refining Company to the Armstrong Petroleum Corporation and mt of authorizing execution of an agreement entitled Amend - is ment of Contract on behalf of the City, was presented.. The matter was referred back to staff to be brought Motion x to Council at the time the matter is ready for action. Ayes x x x x x x Absent x 2. A memorandum was presented from the City Manager Lard regarding agreement with Orange County for county :es participation in cost of local lifeguard services. Resolution No. 6842, req'uesfing.financial "aid from the County of Orange to pay for lifeguard service on City Motion x beaches and authorizing execution of an agreement Roll Call: therefor, was adopted after the reading of the reso- Ayes x x x x x x lution was waived by unanimous consent of the Council Absent x 3, A memorandum was presented from the Public Works t. Department regarding the acceptance of a Grant Deed ing in connection with the 32nd Street widening project. Resolution No. 6843, accepting a Grant Deed from Motion x Leo J. Klotz and Esther H. Klotz, was adopted after Roll Call: the reading of the resolution was waived by unanimous Ayes x x x x x x consent of the Council. Absent x 4. A memorandum was presented from the Public Works igns . Department regarding validation of certain existing Ltion stop controls. Resolution No. 6844, designating intersections at which vehicles are required to stop and directing the Motion x Traffic Engineer to erect necessary stop signs, was Roll Call: adopted after the reading of the resolution was waived Ayes x x x x x x by unanimous consent of the Council. Absent x Page 28d ,,,,Index Stop siE Stop sib Stop sib Stop si; Moden Annexn in Tr. 66 Final r F, L-1 CITY OF NEWPORT BEACH Volume 22 - Page 29 COUNCILMEN m m a ....6....... .,, . .. \ 1 1 l 1_ 5. A memorandum was presented from the Public Works n Department regarding stop control on Harbor View Drive at entrance to Marguerite Avenue. Resolution No. 6845, designating intersections at which vehicles are required to stop and directing the Motion x Traffic Engineer to erect necessary stop signs, was Roll Call: adopted after the reading of the resolution was waived Ayes x x x by unanimous consent of the Council. Absent x 6. A memorandum was presented from the Public Works ;n Department regarding stop control requiring south bound vehicular traffic on Marguerite Avenue to stop before entering or crossing San Joaquin Hills Road. . Resolution No. 6846, designating intersections at which vehicles are required to stop and directing the Motion x Traffic Engineer to erect necessary stop signs, was Roll Call: adopted after the reading of the resolution was waived Ayes x x X: by unanimous consent of the Council. Absent x 7. A memorandum was presented from the Public Works ;n Department regarding stop control on Crown Drive at San Joaquin Hills Road. Resolution No. 6847, designating intersections at which vehicles are required to stop and directing the Motion x Traffic Engineer to erect necessary stop signs, was Roll Call: adopted after the reading of the resolution was waived Ayes x 31 x by unanimous consent of the Council. Absent x 8. A memorandum was presented from the Public Works. ;ns Department regarding the establishment of traffic - controls in the Moden Annexation area. Resolution No. 6848, designating intersections at which vehicles are required to stop and directing the Motion Traffic Engineer to erect necessary stop signs, was Roll Call: adopted after the reading of the resolution was waived Ayes x x x by unanimous consent of the Council. Absent x 9. A memorandum from the Planning Director regarding. . !3 the findings of the Planning Commission in connection lap with the Final Map of Tract 6623, being a proposed subdivision of 30.21 acres divided into 115 lots for single family homes, located south of Ford Road and east of MacArthur Boulevard was presented with a memorandum from the Public Works Director. The Final Map of Tract 6623 was approved subject to conditions recommended by the Planning Commission; the offer of dedication of Ford Road easterly of New- port Hills Drive East and of MacArthur Boulevard was Page 29 ;, \m P =ndt T *6 Final I Wash. Bay W Main A Oil We: Oonsull 0 CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 30 !x August 19: 1.968 rejected and the surety requirement for said streets Motion x was waived; and the following resolutions were adopted Roll Call: after the reading of the resolutions was waived by Ayes x x unanimous consent of the Council: Absent x (a) Resolution No. 6849 authorizing the execution of an agreement with Donald L. Bren Company, sub - divider, for the construction of improvements in Tract .No. 6623. (b) Resolution No. 6850 authorizing the execution of an agreement with Newport Hills, Inc. , sub- divider, for the construction of a portion of the improvements in Tract No. 6623. 10. A memorandum was presented from the Planning 34 Director regarding the findings of the Planning Com- lap mission in connection with the Final Map of Tract 6634, being a proposed subdivision of 41.59 acres divided into 130 lots for single family homes located in the Harbor View Hills area. The matter was diaried for August 26, 1968. Motion x Ayes x Absent x 11. A memorandum was presented from the Public Works St/ Director regarding the receipt of one bid (second bid ater call) for the lowering of 12 -inch diameter water main at Washington Street and Newport Bay (C- 1104). The irregularity in the bidding documents was waived; and Resolution No. 6851, as amended, awarding con- tract to Croft and Neville Company for $17, 215. 00, subject to Southwestern Capital Corporation making Motion the required deposit by September 11., 1968, was Roll Call: adopted after the reading of the resolution was waived Ayes x x by unanimous consent of the Council. Absent x 12. Resolution No. 6852, authorizing the execution of a .1 professional services contract (petroleum consultant) :ant with M. Dudley Hughes in connection with oil interests Motion operations and activities of the City, was adopted after Roll Call: the reading of the resolution was waived by unanimous Ayes x x consent of the Council. Absent x It was the consensus of the Council that Mr. Hughes' services would be used by the staff in preparation of an oil regulatory ordinance and that the staff should keep the Council up to date on projects requiiftng Mr. Hughes' professional advice. Page 30 CI K X ta xl Ix Ix ,AMLnde. W Lawn B( ing Ass( Aarmnt, Or. Co. Airport Operati & Devel • B r ookhi Adams billboar Tr. 601 off - site water • CATV CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 31 c August 19, 1968 13. Resolution No. 6853, as amended, extending the agre )wl ment with the Newport Harbor Lawn Bowling A6SOCia- )c. tion for the maintenance of the lawn bowling greens at 15th Street and Balboa Boulevard for an indefinite term from year to year commencing July 1, 1968, but in no event for a term greater than five years from Motion x said commencement date, was adopted after the read- Roll Call: ing of the resolution was waived by unanimous consent Ayes X x x x x x of the Council.. Absent x 14. Resolution No. 6854, expressing position concerning the report entitled "Phase I, Master Plan of Air Transportation for Orange County" and urging the in Board of Supervisors to act favorably on certain )p. recommendations contained therein (4 -point plan out- Motion x lined in Pereira study), was adopted after the reading Roll Call: of the resolution was waived by unanimous consent of Ayes y x x x x x the Council. Absent x 15. Resolution No. 6855, authorizing the execution of a first land rental agreement with Columbia Outdoor Adverti ixng for use of premises for maintenance of billboards Motion x ds at Brookhurst and Adams Avenue, was adopted after Roll Call: the reading of the resolution was waived by unanimous Ayes X xxxxx consent of the Council. Absent x 16. A memorandum was presented from the Public Works 5 Director regarding acceptance of Master Plan Zone . III water facilities in connection with the Lusk Harbor View Hills development. Resolution: No. 6856, accepting a conveyance by Bill Motion x of Sale of certain water line facilities from The Irvine Roll Call: Company, was adopted after the reading of the resolu- Ayes 11 x x x x x t i 6n_, was waived by unanimous consent of the Council Absent x 17. A letter from Gibson, Dunn & Crutcher, attorneys presenting a request from The Irvine Company dba Community Cablevision Company, for transfer of the CATV franchise now held by that company pursuant to Ordinance No. 1196 to Community Cablevision Comp- . any, a wholly owned subsidiary of The Irvine Company, was presented with a memorandum from the City Attorney regarding proposed transfer of Community Cablevision Comp(CATV) franchise. Resolution No. 6857, approving the transfer of a com- munity antenna television franchise from Community: - Cablevision Company, a division of The Irvine Com- parry, to Community Cablevision Company, a California Motion x corporation, was adopted after the reading of th� Roll Call: resolution was waived by unanimous consent of the Ayes x x x x x - Council. Absent x Page 31 I 1 R tc Ix T I: L R Ix CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 32 Z Z ` O In.dov A „r „zt 79. 19F,R N N U N S y0 l\ \ 1 1 1 l CURRENT BUSINESS: 1. A memorandum was presented from the City Manager arinaprk regarding Marinapark lease cancellation period. The six months cancellation clause now applicable to new leases in Marinapark was eliminated with the Motion x understanding that further study will be given to the Ayes x x x x x form which this will take in the next master lease Absent x to begin July 1, 1969. ire Dept. 2. A memorandum was presented from the City Manager Limper regarding purchase of 1250 G. P.M. Pumper for Fire Department. The matter was tabled. Motion x Ayes x x x x x Absent x 3. A memorandum was presented from the Public Works Lmboree Department regarding acceptance of improvement of d /Ford Jamboree Road from Ford Road to Palisades Road Palisad (C- 1096). Subject work was accepted, and the City Clerk was Motion x authorized to file Notice of Completion and to release Ayes x x x x x the bonds 35 days after Notice of Completion has been Absent x filed. 4. A memorandum was presented from the Public Works vine/ Director regarding improvement of Irvine /Tustin ustin Avenue:£rom 22nd Street to University Drive (C- 1112). nprvmts. The Public Works Department's issuance of Change Motion Order No. 4 was confirmed in the amount of $948. 75. Ayes x x x x x • Absent x 5. A memorandum from the City Manager regarding ewport request from The Irvine Company for permission to ,enter erect an 8' x 8' temporary 'Newport Center' sign just ign north of the closest street light to U.S. 101 in the public right of way was presented with a request letter from The Irvine Company. The Irvine Company sign request was approved subject Motion x to the conditions recommended by the City Manager. Ayes x x x x x Absent x 6. A memorandum from the City Attorney requesting abor that a representative of the City Attorney's office be elation8 authorized to attend League of California Cities Insti- Istitute tute on Labor Relations and a memorandum from the City Manager requesting authorization to attend the Institute were presented. • page 32 tA X „,,,Index Tr. Corn Parl • Tr. Tent Ass Dist C. CITY OF NEWPORT BEACH Volume 22 - Page 33 e......e♦ 10 1aA51 COUNCILMEN i ° v C, Z a p Y O1A A K� ry x M The City Attorney, or representative, and the City Manager were authorized to attend League of California Motion Cities Institute on Labor Relations on September 5 Ayes x x x x x and 6. Absent x 7. A memorandum from the City Manager regarding pro - 6565 posal from Donald L. Bren, subdivider, to develop a mun. 5. 5 acre community park in Upper Harbor View Hills was presented with a proposal from Donald L. Bren, a letter to the Parks, Beaches and Recreation Com- mission from The Irvine Company and a letter to the City Council from the Parks, Beaches and Recreation Commission. The matter was referred to staff for additional infor- Motion x mation. Ayes x x x x x Absent x 8. A memorandum was presented from the Planning 6689 Director regarding the findings of the Planning Com- Mar mission in connection with the Tentative Map of Tract 6689, being a proposed subdivision of 2. 5 acres divid into seven residential lots located south of 23rd Street and west of Irvine Avenue. Planning Director Ernest Mayer, Jr. reported on the findings of the Planning Commission. The Tentative Map of Tract 6689 was approved subject Motion to the conditions recommended by the Planning Com- Ayes x x x x x mission. Absent x :ssmn 9. A memorandum from the Public Works Director re- 51 garding proposed West Newport Special Assessment District (Assessment District No. 51) was presented with a letter from the West Newport Improvement Association requesting Council to take immediate necessary action to establish assessment districts consisting of all property owners whose property abuts on existing unimproved alleys in the western end of the City and opposing sidewalks and lighting. on the ocean front in West Newport. John W. Shea, President of the West Newport Improve. ment Association, spoke from the audience and ire - quested that the paving” of the street ends at 33rd and 34th Streets be deleted and that all work west of Orange Street also be deleted. Assistant City Engineer Ken Perry stated that the proposed improvements in the assessment district consisted of improvements requested by the property owners in the area and recommended that the Associ- I ation's deletion requests be granted. Page 33 K� ry x M CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 34 o z z a v m F m Index August 19, 1968 ? o z r m m z � � � 2 a X X1 The Public Works Director was directed to prepare Motion x and submit to the City Council a report on a proposed Ayes x x x x assessment district in West Newport at the September Absent x 10 meeting with deletion of the projects as requested. by the West Newport Improvement Association; the City Attorney was directed to prepare a resolution of intention determining that public convenience and necessity requires special assessment district pro- ceedings, determining the Specijl Assessment Act of 1931 shall not apply, and setting a public hearing for October 14; and the City Attorney was directed to prepare a resolution of intention to form a special assessment district, changing certain official grades, determining that property owners not be allowed to take the contract, and setting a public hearing for - October 14, 1968.. Meet 10. With the c o n s e nt of the Council, Mayor Marshall stated that the memorandum from the City Manager Closure/ regarding the Shore Cliffs Property Owners Associ- Shorecliff ation request to close the circle on Shorecliff Road between 161 and 165 Shorecliff Road for its annual summer party during the evening of Saturday, August 17 was ordered filed. 11. A memorandum was presented from the City Manager Blue Havn regarding request of Blue Haven Pools for refund for Pools permits at 630 Cameo Highlands Drive. Refund An 80% Building Permit refund in the amount of $24. 48 Motion x for a pool construction project at 630 Cameo Highlands Ayes X x x x Drive was authorized. Absent x 12. A memorandum was presented from the City Manager Nat'l regarding proposed affiliation with the National Rivers hers & and Harbors Congress. Harbors Affiliation by the City of Newport Beach with the Congress National Rivers and Harbors Congress was approved Motion 11 and the staff was authorized to pay the annual member- Ayes x x x x ship dues. Absent x 13. A memorandum was presented from the City Manager Motion regarding letter received from California National Picture & Productions requesting that Ordinance No. 1262 re- . TV Fees lating to regulation of motion picture and television productions on public property be modified was pre- sented with the request letter from California National Productions. The matter was referred to staff. Motion Ayes x x x x Absent x Page 34 i i X X1 CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 35 C Z 0 N S pp1Z G y O APPLICATIONS - HARBOR PERMITS: 1. A memorandum was presented from the Public Works Director regarding Harbor Permit Application No. A- 688 -R -2 of Allen Dale to extend the existing deck over the water behind the U. S. Bulkhead Line at the Villa Nova Restaurant, 3131 West Coast Highway, place a roof over entire deck area, and relocate exist- ing stairway onto new deck area. Harbor Permit Application No. A- 688 -R -2 was ap- Motion x /ills Nova pro-ed subject to the issuance of a Building Permit Ayes x x x x x testaurart from the Building Department. Absent APPLICATIONS - BUSINESS LICENSES: • 1. The application of Ralph Gray and Son dba Airways Rent -a -Car to operate a car rental service out of Motion x a service station located at 6400 West Coast Highway, Ayes x x x x was approved. Absent x i COMMUNICATIONS - REFERRALS: 1. A letter from the Balboa Bay Club dated August 1. 3alboa requesting an extension of its lease from its present 3ay Club expiration date of August 21, 1968 to the maximum Lease allowable by law was presented, Vice Mayor Parsons made a motion to refer the matter to the Goals and Objectives Committee for further study. Richard Stevens, Vice President of the Balboa Bay Club,spoke from the audience. • Councilman McInnis made a substitute motion to ekutluz• i z e the Mayor to appoint a Council committee to work with the staff on the overall question of the Balboa Bay Club lease and to report back to Council, which substitute motion was withdrawn. An amendment to Councilman Parsons' motion was made by Councilman McInnis to authorize the Mayor to set up a Council committee to study the overall . question of City -owned water front property, including the Balboa Bay Club, which amendment was withdrawn Vice Mayor Parsons withdrew his motion. The matter was referred to staff for study and report- Motion x Ayes x x Absent x • Donna Gallant, resident of Cliff Haven, requested that residents in the area be kept informed of matters concerning said matter. Page 35 Windex W Retire Benef: Veter; Day Parad Harbo Perm. Deane • City Ownei Trope Newp( Beac1. City I Cmte • Summ & Cor Clain Dama Lawsi P f: T .8 CITY OF NEWPORT BEACH Volume 22 - Page 36 Ananset 1Q. 1969 COUNCILMEN 2. A petition requesting increase in retirement benefits Motion x mnt bearing the signatures of 18 retired employees of the Ayes x x x x x x is City was referred to staff for study and report. Absent x 3. A letter from Chairman of the 1968 Veterans Day ins parade of the combined veterans organizations of - Orange County requesting an appropriation of $100 to e help defray cost of the parade was presented. Subject request was denied and the staff was instructed Motion x to advise the parade chairman of the Council Is action. Ayes x x x x x x Absent x 4. A letter from J. F. Deane requesting permission to r use the slip and pier, covered by Harbor Permit .t No. A -1196, at No. 8 Collins Island as he is the owner Motion x of the vacant lot at No. 8 Collins Island and resides Ayes x X X X X N at No. 5 Collins Island, was referred to staff. Absent x 5. A letter from Mrs. Audre: Schiff offering to purchase a small parcel of City -owned property located between her home at 1909 Balboa Boulevard and the unimproved Motion x rty alley between Balboa and Ocean Front was referred to Ayes x x x x x x staff for study and report. Absent x 6. A letter from the Newport Beach City Arts Committee )rt requesting that the terms of the committee members be changed from 3 years to 4 years and the term of ,rts office be changed from a calendar to a fiscal year basis and requesting that the membership be changed Motion x from 5 members to 7 members was referred to the Ayes x x x x x Committee for Appointment of Commissioners. Absent x 7. The City Clerk's referral of the followirg matter to Motion x the City Attorney was confirmed: Ayes x x x x x Absent x Summons and Complaint for money due on oral ons agreement to foreclose mechanics lein on labor zp. and material bond and for reasonable value of goods sold and delivered, Case No. 157196 in the Superior Court, Pomona Title and Manu- facturing Company, Plaintiff vs Balboa Bay Club, City of Newport Beach, et al. for 8. The City Clerk's referral of the following matters to, Motion x ges the insurance carrier was confirmed: Ayes x x x x x s Absent (a) Claim of Violet M. Lawson, et al,forrpersona )n injury in connection with the death of Robert Dean Lawson which occurred as a result of an accident on May 6, 1968 at certain pre- mises under construction known as Irvine . Towers in the City of Newport Beach. X (b) Claim of Pacific Telephone and Telegraph Te Company for damage to their cable on Page 36 CITY OF NEWPORT BEACH Volume 22 - Page 37 =ndex August 19, 1968 COUNCILMEN O Y r N 51 in Z u f i10 1p July 2, 1968 at Quail Avenue and Campus Avenue in Santa Ana. (c) Claim of Mildred L. Carson for damage to arson her car when it was involved in an accident_ with a vehicle belonging to the City. (d) Claim of Interinsurance Exchange of the Auto lallock Club of Southern California as subrogee of Lawrence G. Hallock for damages to Mr. _ Hallock's auto in an incident which occurred July 17, 1968 on Coast Highway. ADDITIONAL BUSINESS: 1. A letter dated August 14 from George Buccola re- questing that the matter of filing an Electronics Pro- tection System Application for Grant, with certain conditions attached as outlined in recommendations submitted by the Newport Harbor Chamber of Com- merce Legislative Committee, including the appoint - .ment of an Advisory Committee and other protective measures, be submitted to the voters of the City of Newport Beach on the November ballot, was presented with a memorandum from the City Attorney entitled "Proposal for a vote of the public on the Electronics. Protection System. " The City Clerk stated that seven letters from the fol- lowing had been received that day requesting Council to submit the question to the voters: Jeannette Craw- ford, Harry W. Crawford, Dr. Nolan Frizzelle, Mrs. Robert Raab, Jack Hill, Louis Helig and Dr. R. W. Gerard. • Councilman McInnis made a motion to diary the matter to August 26 when a full Council would be in - session. Councilman Gruber made a substitute motion that the Motion issue of approval or disapproval of the "Electronics Protection System Application for Grant" be submitted to the voters at the general election to be held on November 5, 1968 and that Resolutions Nos. 6858 and 6859, and such other numbered resolutions as may be necessary to call a Special Municipal Election and requesting the County Board of Supervisors to consoli- date the elections be adopted and that staff be directed to forthwith draft the resolutions in the precise lan- guage of the proposition to appear on the ballot prior to the September 6 deadline and authorize the Mayor to sign the resolutions as and when prepared and Page 37 i10 1p ,,,Index W • EPS • Beach Erosion CITY OF NEWPORT BEACH Volume 22 - Page 38 August 19, 1968 forward such resolutions and proposition to the County Registrar's office as required by the Election Code of the State of California. Alan Beek and Mrs. Dora Hill spoke from the audience in favor of submitting the proposition to the voters. A discussion was had regarding protective measures and the appointment of an Electronics System .Techni- cal Advisory Committee. A vote was taken on Councilman Gruber's motion, which motion failed to carry. The matter is to be reconsidered at a full Council meeting on August 29. RECESS for five minutes was declared by Mayor Marshall. The Council reconvened with all members present except Councilman Shelton. A letter from L. B. McCaslin, Jr., Manager of Western Division of Arinc Research Corporation, re- questing permission to forward the EPS grant request to the California Department of Justice for its con- sideration and possible use either in Newport Beach or in another city, was presented by City Manager Harvey Hurlburt. Mr. McCaslin spoke from the audience It was the consensus of the Council that no specific action would be taken until the adjourned meeting of August 29. 2. A memorandum was presented from the Public Works Director regarding right of way easements and entry permits for additional Stage 2 construction of the _ Federal Beach Erosion Control Project in the West Newport area. The following easements and permits were approved by Minute action: (a) Right of way, construction permit, and right of entry permit for construction of a steel sheet pile groin at the prolongation of either 44th Street or 45th Street. (b) A fill easement and right of entry permit for placement of fill on the beach between Page 38 Ayes Noes Absent Motion Ayes Absent Motion Ayes Absent COUNCILMEN • • Washing- ton St /Bai prkg lot. L J CITY OF NEWPORT BEACH Volume 22 - Page 39 August 19, 1968 40th Street and 46th Street. (c) A right of entry permit for the borrow source at the Santa Ana River entrance and extending along the beach to 54th Street. (d) A construction area easement of approxi- mately 60, 000 square feet to be located on the beach adjacent to the Greenville- Banning channel jetty. The staff was instructed to contact the U, S. Corps of Engineers immediately with the intent of requesting the Corps to take any emergency measure that might be necessary and to start as soon as possible on Phasi 2 if conditions warrant such action. Resolution No. 6858, finding and determining that a_ local emergency exists which constitutes a state of limited peril and requesting that the County of Orange provide assistance for the duration of the emergency, was adopted after the reading of the resolution was waived by unanimous consent of the Council. It was the consensus of the Council that there was no objection to the Corps of Engineers starting work in the area prior to September 3. Mr. Dick Clucas spoke from the audience and re- quested permission to provide whatever protective measures he felt necessary on the public beach before his home. The City Attorney stated that the Common Enemy Doctrine would apply and property owners could take reasonable steps to protect their property. 3. A memorandum was presented from the Public Works Department regarding the establishment of the City - owned off - street parking lot at the southeasterly cor- ner of East Bay Avenue and Washington Street to a parking meter zone and establishing fees of 10� per. hour for one -hour meters and 25¢ per hour for six - hour meters in said lot. Resolution No. 6859, amending Resolution No. 6654 as amended by Resolution No. 6778, which estab- lished off- street parking meter zones and regulations for the operation of parking meters was adopted after the reading of the resolution was waived by unanimous consent of the Council. Page 39 COUNCILMEN Motion Roll Call Ayes Absent Motion Roll Call Ayes Abstain Absent m A CITY OF NEWPORT BEACH Volume 22 - Page 40 ,,,Index August 19, 1968 BUDGET AMENDMENTS: 1. The following Budget Amendments were approved: C -3, $12,100 increase in Budget Appropriations and a decrease in Unappropriated Surplus from Unappropri- ated Surplus, General to Budget Appropriation, Land Improvement, Reconstruct 23rd and Irvine, Eng. Svs. W. Npt. Assessment Dist. , Repair Npt. Island Bridge C -4, $4,.000 increase in Budget Appropriations and a decrease in Unappropriated Surplus from Unappropri- ated Surplus, State Gas Tax to Budget Appropriation, Land Improvement, Improve Jamboree -Ford to Palisades. • C -5, $5, 000 increase in Budget Appropriations and a decrease in Unappropriated Surplus from Unappro- priated Surplus, State Gas Tax to Budget Appropri- ation, Land Improvement, Improve Irvine /Tustin, from 22nd to University. C -6, $9, 510 increase in Budget Appropriations and a- decrees: se: -i.n- rU_n.appro- p-r- i-stbd Surplus from Unappr'opriat:ed- S;u:i-plds', Gas ^% Tax Contribution to Budget Appropriation, Land Improvement, Improve Irvine /Tustin from 22nd to University. COUNCILMEN P G Z A Motion x Roll Call: Ayes x x x x x Absent x C -7, $1, 200 increase in Budget Appropriation and a decrease in Unappropriated Surplus from Unappro- priated Surplus, Building Excise Tax to Budget Appropriation, Parks, Parkways, etc., Land Im- , - - provement;' Mariners Park Tennis Courts. • C -8, $27, 000 net increase in Budget Appropriation _ and a decrease in Unappropriated Surplus for 1967- 68 carry -over of Water Main Replacement Program ($75, 000) and reduce Appropriation for construction of 8" water main in Ocean Boulevard, Corona del -Mar ($48, 000), from Unappropriated Surplus, Water to Budget Appropriation, Water, Land Improvement, Water Main Replacement Program. Ll C -9, $150 Budget Appropriations transferred for annual membership to the, National Rivers and Harbor Congress from Unappropriated Contingency Reserve to Budget Appropriation -City Council, Publications and Dues. Memorandum from the Public Works Director re- garding the above Budget Amendments for 1967 -68 carry -over Capital Projects was presented. Page 40 CITY OF NEWPORT BEACH Volume 22 - Page 41 August 19, 1968 COMMUNICATIONS - ADVISORY: 1. The following communications were ordered filed: 1. Notification dated July 19 from the Newport Beach CATV Cablevision, Inc. that preliminary construction of a CATV system within the City of Newport Beach would commence July 23 in accordance with Ordinance No. 1197 and Resolution No. 6759. 2. (a) Letter from the Newport Harbor Chamber of Commerce expressing thanks for the co- operation of Administrative Assistant Phil Bettencourt's "masterminding" the Orange County Fair booth sponsored by the City of • Newport Beach and the Newport Harbor Chamber of Commerce. (b) Letter from the Newport Harbor Chamber of Commerce commending General Service Department employees Bill Jordan, Don Jonei and Bob Hilker for their excellent cooperatior in the construction of the Orange County Fair booth. 3. Letter from State Board of Corrections com- mending City administrators and Police Chief Glavas on the conditions in the City jail. 4. Letter from Public Utilities Commission acknowl Skybus, edging receipt of Council resolution expressing Inc. opposition to the application of Skybus, Inc. and stating hearing on said application will be held August 20. 5. Excerpt of minutes of the Orange County Board Skybus; of Supervisors regarding the receipt and filing Inc. of Council resolution opposing Skybus, Inc, com- muter flights from Orange County Airport. 6. Letter from City of Costa Mesa acknowledging Skybus, receipt of Council resolution opposing application Inc. of Skybus, Inc. and stating that their Aviation Committee had recommended to the Costa Mesa City Council that the Skybus application should not be endorsed and the application was ordered filed with no further action. 7. Card from Mrs. Maria Goen opposing another sand haul from beaches in Balboa to West Newport. 8. Letter from S. D. Caplan complaining that there are no public showers on the ocean front for pub] Page 41 Motion Ayes Absent COUNCILMEN OCITY OF NEWPORT BEA COUNCILMEN Volume 22 - Page 42 Index August 19, 1968 VAM m m 1p use; and memorandum from Parks, Beaches and Recreation Director to the City Manager indicating locations of existing showers. 9. Letter from Ernestihi Pollock regarding ordi-. .. nance relative to barking dogs. 10. Letter from James E. Murley, N.e wp o r t. resi- dent, regarding refuse collection incident on Irvine Avenue. 11. Local Agency Formation Commission notices of public hearing to be held August 14 regarding (a) proposed dissolution of the Talbert Water District (located totally within the limits of Huntington Beach), (b) proposed annexation to Costa Mesa Sanitary District designated Engineer 110, (c) proposed annexation to Costa Mesa sani- tary District designated Engineers 111. 12. Letter from the National League of Cities inviting Labor officials of the City of Newport Beach to attend Relations the 45th Annual Congress of Cities to be held Institute December 7 - 11 in New Orleans, Louisiana. 13. League of California Cities bulletin announcing two -day institute of municipal labor relations for city officials to be held September 5 and 6 in San Francisco. 14. League of California Cities legislative bulletin, dated July 22 and 26, 1968. 15. Agenda of the Orange County Board of Supervisors of meetings held July 23, 24, 30, 31 and August 6, 7 and 8. 16. July issue of Orange County Press Club Reporter. 17. Excerpt from minutes of the City Council of the City of San Clemente acknowledging receipt of resolution of the City of Newport Beach expressing opposition to a reduction in the County's subsidy for lifeguard services and adopting a resolution of the City of San Clemente expressing its opposition. 18. Letter from Mr. and Mrs. Gordon T. Hawkins of Sierra Madre complaining about the entrance. fee and conditions at Corona del Mar beach. 19. Order Instituting Investigation from the Public Utilities Commission regarding investigation for CERTIPI $5 A TRUC AN ®C RECT COPY .. .... ......_ -- Page 42 .L ✓A!LCC......... zvi� CITY CL RK OR THE CfTY OF N.WT BEACH VAM m m 1p Railroad Grade Crossings Gaudin Harbor Permit 0. CITY OF NEWPORT BEACH Volume 22 - Page 43 August 19, 1968 the purpose of establishing a list for the year 1969 of railroad grade crossings of city streets or county roads most urgently in need of sepa- ration, or existing separations in need of alter- ation or reconstruction as contemplated by Sectioi 189 of the Streets and Highways Code. ADDITIONAL ITEMS: 1. A telegram from Charles J. Katz, property owner at 313 Via Lido Soud, requesting a rehearing of Harbor Permit No. A -456 -R of George Gaudin. Jerome Robinson, representing Mr. Katz spoke from the audience. Mr. and Mrs. E. A. Watson spoke from the audience in favor of Council reconsideration, Temporary suspension of Harbor Permit No. A -456 -R was approved and the staff was directed to report on the exact dimensions of the boat and channel area involved and request the Harbor Master for a report on the safety and maneuverability in the area by August 26, and the staff was directed to inform Mr. Gaudin in writing of such Council action. Mayor Marshall stated that the Study Session regularly scheduled for August 19, 1968 would not be held. The meeting was adjourned at 11:46 P.M. ATTEST: Ely clerk IV 11 �,1��;:1 �� ,�I Page 43 Motion Aye s Absent Motion Ayes Absent COUNCILMEN x x i w m (p