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HomeMy WebLinkAbout03/25/1968 - Regular MeetingCITY OF NEWPORT BEACH Volume 21- Page 235 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: March 25, 1968 Time of Meeting: 7 :30 P. M. :;hex Place of Meeting: Council Chambers Roll Call: The reading of the Minutes of the Regular Meeting of March 11 was waived, and said Minutes were approved as written and ordered filed. HEARINGS: A letter from Foote, Cone & Belding dated March 21 Foote, Con pertaining to transfer of assets of Pacific Cable & Belding Services, Inc. to Newport Beach Cablevision, Inc. and a letter from Stotsenberg, Binder & Co. dated March 21, 1968 pertaining to financial review of Pacific Cable Services, Inc. were presented. John Frost, representing the Pacific Cable Services, Inc , and Louis E. Scott representing the Newport Beach Cablevision, Inc., spoke from the audience in connection with proposal to transfer Warner Bros. TV to Services, Inc. franchise to Newport Beach Cablevision, Inc. Harold Mestyanek, representing Stotsenberg, Binder & Co. , City's independent auditors, spoke from the audience regarding financial statement. John Perry, representing the Data Video Systems, Inc. of San Francisco, requested cancellation of the existing franchise and requested permission to file an appli- cation for a CATV franchise in Newport Beach. The hearing was continued to April 8, 1968. Page 235 Present Motion Ayes Motion Ayes COUNCILMEN xlxjxjx XIXU J x xixixix x x 1. Mayor Gruber opened the public hearing in connection 6 with the Community Antenna Television franchi -se CATV originally granted to Warner Bros. TV Services, Inc. The following questions were considered: Warner franchise se Whether the CATV franchise originally granted to Warner Bros. TV Services, Inc. should be termi- nated in accordance with the provisions of Chapter 5. 44 of the Newport Beach Municipal Code, en- titled "Community Antenna Television ". Pacific le Whether the transfer of the CATV franchise from Services, c. Warner Bros, TV Services, Inc, to Pacific Cable Services, Inc. should be approved. A letter from Foote, Cone & Belding dated March 21 Foote, Con pertaining to transfer of assets of Pacific Cable & Belding Services, Inc. to Newport Beach Cablevision, Inc. and a letter from Stotsenberg, Binder & Co. dated March 21, 1968 pertaining to financial review of Pacific Cable Services, Inc. were presented. John Frost, representing the Pacific Cable Services, Inc , and Louis E. Scott representing the Newport Beach Cablevision, Inc., spoke from the audience in connection with proposal to transfer Warner Bros. TV to Services, Inc. franchise to Newport Beach Cablevision, Inc. Harold Mestyanek, representing Stotsenberg, Binder & Co. , City's independent auditors, spoke from the audience regarding financial statement. John Perry, representing the Data Video Systems, Inc. of San Francisco, requested cancellation of the existing franchise and requested permission to file an appli- cation for a CATV franchise in Newport Beach. The hearing was continued to April 8, 1968. Page 235 Present Motion Ayes Motion Ayes COUNCILMEN xlxjxjx XIXU J x xixixix x x 2E Armexa No. 59 Moden W R -6721 • 2E Annexa No. 61 Upper View F • 0 -1244 lE Speed Campus & San 0 ex T A., ....L 7a 10 4 CITY OF NEWPORT BEACH Volume 21 - Page 236 COUNCILMEN N N ( P -'-"- --- - -- I I i 2. Mayor Gruber opened the public hearing in connection F with proposed Annexation to the City of Newport Beach, tion Moden Annexation Boundary No. 59, at which time any person owning real property within such territory could be heard, pursuant to Resolution No. 6709. The Mayor asked if anyone desired to be heard. No one spoke from the audience. The City Clerk stated that no written protests had been received. The hearing was closed. Motion x Ayes x x x 3 Resolution No. 6727, declaring that a majority protest has not been made, was adopted after the reading of Motion x the resolution was waived by unanimous consent of the Roll Call: Council. Ayes x x X] ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1246, being, F AN ORDINANCE OF THE CITY OF NEWPORT tion BEACH ADOPTING DISTRICT MAPS NOS. 53, . 55, 56 AND 57 AND PREZONING UNINCORPO- Harb. RATED TERRITORY ADJACENT TO THE CITY ills OF NEWPORT BEACH IN THE EVENT OF SUBSEQUENT ANNEXATIONS, in connection with community planning in Upper Harbor View Hills area, was presented with memoranda from City Attorney dated March 22 and the Planning Director dated March 25, 1968. Ordinance No. 1246 was introduced and set for public Motion hearing on April 8, 1968. Roll Call: Ayes x x x Harvey Pease spoke from the audience opposing further annexations to the City at the present time. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1244, being, AN ORDINANCE OF THE CITY OF NEWPORT g BEACH ADDING SECTIONS 12. 24. 045 AND Limit 12.24. 058 TO THE NEWPORT BEACH MUNICIPA CODE RELATING TO PRIMA FACIE SPEED Dr. JoaquLn LIMITS, setting prima facie speed limits on Campus Drive, northbound between Palisades Road and MacArthur Page 236 AM xix CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 237 s o � 0 Index March 25. 1968 Boulevard at 45 miles per hour and on San Joaquin Hills Road at 50 miles per hour, was presented for second reading. Ordinance No. 1244 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 x x 1245 2. Ordinance No. 1245, being, 110 AN ORDINANCE OF THE CITY OF NEWPORT kg meter BEACH AMENDING SECTION 12.44. 120 OF THE ;rmits NEWPORT BEACH MUNICIPAL CODE RELATING TO PARKING METER USE EXCEPTIONS, _iminati_ng cly & Mont lly eliminating weekly and monthly parking permits and Vs specifying that parking permits shall be displayed in windshields, was presented for second reading. Ordinance No. 1245 was adopted after the reading of Motion x the ordinance was waived by unanimous consent of Roll Call: the Council, Ayes x 3q x x x x x CONTINUED BUSINESS: 1. Consideration was given to the Humble Oil & Refining 122 Company's request for written consent of the City to ssgnnmt of proposed assignment and conveyance by Humble to it Rgts Armstrong Petroleum Corporation and the proposed xrble Oil -595 assignment and conveyance by Armstrong to G. E. Kadane & Sons and General Crude Oil Company of Texas of all of Humble's (Contractor's) rights, privileges and obligations under Contract No. 595 with • the City. Jim Gilstrap, representing G. E. Kadane & Sons, spoke from the audience. The staff was directed to review existing contract for Motion x possible revision to reflect current conditions and Ayes x x x x x x x modern operating procedures; and the staff was author- ized to negotiate with Humble Oil and Refining Company and Armstrong Petroleum Company for participating in financial remuneration involved in transfer of contract and to negotiate with G. E. Kadane and Sons to establish conditions to be attached to transfer; such conditions to involve aesthetic treatment of general area, assistance in resolving miscellaneous problems in general area and availability of State records for City information. 40 Page 237 i CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 238 00 'O Y p Y � A o�,xc m o r a ._ Index Mn rh 75 1QFAR N N X ta RESOLUTIONS FOR ADOPTION: 17F 1. A memorandum from the City Manager dated March 21 each Eros ion regarding distribution of costs between the County of )ntrol Orange and the City of Newport Beach in connection ro7• with Stage 2 of the Beach Erosion Control Project -age 2 was presented with a memorandum from the City Attorney dated March 21, 1968. -6728 Resolution No. 6728, authorizing the execution of an agreement for contribution of costs between County of ;reement Orange and City of Newport Beach, Beach Erosion Or. Co. Control Project, Stage 2, was adopted after the Motion reading of the resolution was waived by unanimous Roll Call: consent of the Council. Ayes x x x x x 2. A memorandum was presented from the Public Works Director dated March 25, 1968 regarding Sherington 15F Place and Sea Gull Lane (Tract No. 4225). ract 4225 zerington P1 The following resolutions were adopted after the Motion x Seagull reading of the resolutions was waived by unanimous Roll Call: consent of the Council: Ayes x x x x x -8729 (a) Resolution No. 6729 accepting an offer from The Irvine Company to dedicate Sherington Place and asement Seagull Lane. -6730 (b) Resolution No. 6730 accepting a street easement tr asement from the Griffith Brothers for a corner cut off at the intersection of Sherington Place and Sea Gull Lane. -6731 (c) Resolution No. 6731 accepting a street easement • from Church of Jesus Christ of Latter Day Saints for a portion of Seagull Lane adjacent to the asement church and a corner cut off at 16th Street. In answer to his request to prohibit parking on Sherington Place, Arthur D. Guy, Jr. was informed that the above action would accomplish that. 3. A memorandum was presented from the Public Works 132 aster Wee Department dated March 25, 1968 regarding Easter raf. regs Week traffic regulations. The following Resolutions were adopted after the Motion x reading of the resolutions was waived by unanimous Roll Call: consent of the Council; Ayes x x x x x -6732 (a) Resolution No. 6732 establishing certain tempo - r) -prkg as rary no- parking areas during the Easter vacation period. • Page 238 X ta R -6733 1 -way stns 133 Resub 244 R -6734 Shell Oil agreement improvemnts Re* 244 R -6735 easement Resub 244 134 Resub 242 Mobil Oil Stn site R -6736 easement • 15F Tract 4225 R -6737 agreement sidewalk 9 CITY OF NEWPORT BEACH Volume 21 - Page 239 March 25, 1968 (b) Resolution No. 6733 designating temporary one - way streets during the Easter vacation period.. 4. A memorandum was presented from the Public Works Department dated March 25, 1968 regarding Resub- division No. 244 (Shell Oil Company - northwest corner of Pacific Coast Highway at Jamboree Road). The following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: (a) Resolution No. 6734 authorizing the execution of an agreement with Shell Oil Company, Subdivider, for the construction of improvements required as a condition of approving Resubdivision No. 244. (b) Resolution INTO. 6735 accepting a Grant of Ease- ment from The Irvine Company for street and highway purposes on northwest corner of Jamboree Road and Pacific Coast Highway. It was further moved that the adoption of Resolutions Nos. 6734 and 6735 be subject to conditions of the Use Permit as stipulated by the Public Works Director. 5. A memorandum was presented from the Public Works Department dated March 25, 1968 regarding Resub- division No. 242 (Mobil Oil Company - northeast corner of Pacific Coast Highway at Jamboree Road). Resolution No. 6736, accepting a Grant of Easement from The Irvine Company for street and highway purposes on northeast corner of Jamboree Road and Pacific Coast Highway, was adopted subject to the recommendations of Public Works Director, after the reading of the resolution was waived by unanimous consent of the Council. 6. A memorandum was presented from the Public Works Director dated March 25, 1968 regarding subdivision agreement for sidewalk construction in Tract 4225, Westcliff Drive from Irvine Avenue to Dover Drive. Resolution No. 6737, authorizing the execution of a subdivision agreement (sidewalk construction - Tract 4225), was adopted after the reading of the resolution was waived by unanimous consent of the Council. Page 239 COUNCILMEN 0 2 Motion x Roll Call: Ayes xx xxx xx Motion Ayes xxx x Motion Roll Call: Ayes xi Motion x Roll Call: Ayes x x x x x R- 1r to (0 Fi to Ci We Be As ag 1Z Cil R -1 Ec( Re; Tr< Bn CITY OF NEWPORT BEACH Volume 21 - Page 240 lex March 25, 1968 COUNCILMEN s N N( A F a 1 \_ 136 3738 7. Resolution No. 6738, authorizing petition to the Board :)perty of Supervisors of Orange County to have property with - K exceptn in the City of Newport Beach excepted from the levy of r. Co. any Orange County Tax to provide structural fire Motion x .e protec protection, was adopted after the reading of the reso- Roll Call: K) lution was waived by unanimous consent of the Council. Ayes x x x x x x } 135F 8. A memorandum from the Civic Center Site Selection ✓ic Cente c, Committee dated March 25 regarding its yearly activities and recommendation for appointment of Lton- consultants was presented with resumes from Welton ket & Becket & Associates and Economics Research Associ- sociates ates, agreement with Welton Becket & Associates and mement proposal of Economics Research Associates. 3739 Resolution No. 6739, authorizing the execution of an agreement for architectural and engineering services (Newport Beach Civic Center site evaluation and master planning study), was adopted after the reading Motion x 135F of the resolution was waived by unanimous consent of Roll Call: ric Cente the Council. Ayes x x x x x x x 1740 Resolution No. 6740, authorizing the execution of an i momics agreement for economic consulting services (Newport ;earch As ac. Beach Civic Center site evaluation and master planning Motion x study), was adopted after the reading of the resolution Roll Call: was waived by the unanimous consent of the Council. Ayes x x x x x x x CURRENT BUSINESS: 15F 1. A memorandum was presented from the Public Works ict 6385 Director dated March Z5, 1968 regarding acceptance >admoor ll of improvements in Tract 6385 11Broadmoor Unit II ", located easterly of MacArthur Boulevard and southerly of San Joaquin Hills Road. Councilman Parsons made a motion to accept the public improvements as recommended by the Public Works Department. Don Packett and Bill Hutchings, representing Home- owners Community Association, Broadmoor Unit 1, spoke from the audience stating that the drainage ditch between the two tracts was not satisfactory. Councilman Parsons withdrew his motion and made Motion x another motion to refer the matter to the staff for report back. Page 240 i Ja Fc C- a. Nc TY Si Ne Ce AB vi Ea We 32 Wi Hn ag pi nip se Ad Lndex March 25, 1968 CITY OF NEWPORT BEACH Volume 21 - Page 241 COUNCILMEN '0 Y Z xlx C C x David Kaylor, representative of The Irvine Company, and Scott Biddle, Vice President and General Manager of Broadmoor Homes, spoke from the audience and stated that the drainage ditch was adequate, A vote was taken on Councilman Parsons' motion, and Ayes x x x x x the matter was referred to staff for report back. 10 2. A memorandum was presented from the Public Works mboree Rc Director dated March 25, 1968 regarding widening of rd -Perlis des Jamboree Road, Ford Road to Palisades Road (Con - 1096 tract 1096). ng Order The Public Works issuance of Change Order No. 6 in Motion x 6 the amount of $448. 37 was confirmed. Ayes x x x x x • 3. A memorandum from the Public Works Director dated March 25 regarding permit application for 137 proposed sign to be located in the median island of vine Co. Newport Center Drive northerly of Coast Highway was gn Appeal presented with a memorandum from the Planning ^'port Director dated March 25, 1968. zter Dr. Planning Director Ernest Mayer, Jr. reported on the findings of the Planning Commission. David Kaylor, representative of The Irvine Company, spoke from the audience. The Planning Commission findings were sustained and Motion x subject application was denied. Ayes x x x Noes x x 4. A memorandum was presented from the City Manager 138 dated March 25, 1968 regarding City prosecution of . violations of the State Housing Act and the Alcoholic Beverage Control Act during the Easter Week period. Act ns 3ter ter The City Attorney was authorized to prosecute Motion x ,k violations of the State Housing Act and Alcoholic Ayes x x x x x Beverage Control Act arising during the period from April 5 through April 21, 1968. In addition, the City Attorney was authorized to file and prosecute criminal complaints based upon Section 373 (a) of the Penal Code, relating to public nuisances, on a year -round basis. 35 5. An agreement for property management services to be 3 St provided by Francis J. Horvath, realtor, for proper - 3ening ties purchased by the City for future widening of 32nd Street, was presented. ^vath cement The City Manager was authorized to execute a contract Motion =may with Francis J. Horvath for property management Ayes x x x x x � nT services. -vices Page 241 i Z xlx C C x 'AiLdex 15F Tract 6152 Tentative Map • i 140M Expense Accounts 140M Expense Accounts • CITY OF NEWPORT BEACH Volume 21 - Page 242 March 25, 1968 6. A memorandum from the Planning Director dated March 25 regarding the findings of the Planning Com- mission in connection with the revised tentative map of Tract 6152, being a proposed subdivision of a portion of Blocks 6 and 7, Irvine's Subdivision con- sisting of 75.0+ acres divided into 24 residential lots located southeasterly of Marguerite Avenue and San Joaquin Hills Road was presented with a memoran- dum from the Public Works Department dated March 21, 1968. Planning Director Ernest Mayer, Jr. reported on the findings of the Planning Commission. Councilman Parsons made a motion to approve the revised tentative map of Tract 6152, subject to the 15 conditions recommended by the Planning Com- mission plus condition No. 16 which would require that all slopes steeper than 3 to 1, and higher than 10 feet shall be referred to the Planning Department for its review and approval. David Kaylor, representative of The Irvine Company, requested waiver of the bond requirement, Traffic Engineer Bob Jaffe reported on the recommendations of the Public Works Department as set forth in the addendum to the March 21, 1968 Public Works Depart- ment memorandum. Mr. William Lusk spoke from the audience. Councilman Parsons withdrew his motion. The matter was referred to the Planning Commission for review and report back. 7. The expense accounts of Mayor Gruber for attendance at the California League of Cities Water Quality and Solid Waste Management Committee meeting at Sacramento on March 7 -8; and for attendance at the Public Utilities Commission rehearing on application of Pacific Southwest Airlines at San Francisco on March 18, 1968 were approved. 8. The expense account of City Manager Harvey Hurlburt for attendance at the Annual Conference of the Managers Division of League of California Cities at Palm Springs February 28 -30, 1968 was approved. Page 242 Motion Ayes Motion Ayes Motion Ayes COUNCILMEN kAmm 0©© x x xxx x x x x ,,kdex W 2! Maste: (Goal! 2! Annex Upper View E 2( Vetera ceo clms I 1: Hairsi 74 Kirt 1L • Summ € Comple Or. Cc viater 42 Handh� tuynaII UCI 0 CITY OF NEWPORT BEACH Volume 21 - Page 243 March 25, 1968 COUNCILMEN s -0 Y N, U ff A X x x x K xi x x COMMUNICATIONS - REFERRALS: 1. A letter dated March 12, 1968 from Newport Harbor Plan Chamber of Commerce offering the services of the & 0 ') Marine Division to assist the Goals and Objectives Committee in any way possible in studying various Motion x aspects of the Harbor was referred to the staff. Ayes x x x 3 ;F 2. A resolution of The Local Agency Formation Corn- No. 61 mission dated February 14, 1968 approving proposed Harb. Upper Harbor View Hills Annexation was referred to Motion [ills the staff. Ayes x x x 3, A letter dated March 11, 1968 from the City of Costa L_S Mesa enclosing copy of a resolution of that city urging Ln the establishment of new National Cemeteries for tries veterans and their families and asking Council con- Motion sideration of the problem was ordered filed. Ayes x x x 3 4. The City Clerk's referral of the following matters to Motion x tngs the insurance carrier was confirmed: Ayes x x x } 9 (a) Claim of Wm. L. Hairston for damage to the 1 on water pump on his boat allegedly caused by flood waters about the first of December, 1967. (b) Summons and Complaint (Personal Injuries) of Irene Kirt, Plaintiff, vs. City of Newport Beach, Public Entities Does I through X, and Does XI through XX, inclusive, Defendants, Case No. 158859 in Superior Court. 5. The City Attorney's referral of the following matter 1 to the Orange County Water District pursuant to the authorization contained in Resolution No. 6634 Motion x was confirmed: Ayes x x x N int Summons, cross complaints, and stipulation extending time to plead to twelve cross - complainants regarding Dist. Orange .County Water District v. Chino, et al, Superior Court No. 117628. 6. A letter dated March 19, 1968 from Dr. Henry Burke, 11 Nt I University of California, Irvine, requesting City's nt implementing approval of the April, 1969 U. S. Hand- ball Association's National Four -Wall Handball Championships by writing letter to the U. S. Handball Association welcoming the probability of the tourna- ment being held at U. C. I. , was considered. The Mayor was directed to communicate with Dr. Motion Henry Burke endorsing his proposal. Ayes x x x x Page 243 X x x x K xi x x CITY OF NEWPORT BEACH Volume 21 - Page 244 Windex March 25, 1968 W 24 7. A letter dated March 20, 1968 from Assemblyman Harbor Dist John Briggs requesting support of his bill to dissolve deannexation the Orange County Harbor District was considered. Councilman Cook made a motion that the Mayor be Briggs AB instructed to write a letter to Assemblyman Briggs to the effect that the Council does not concur with Assemblyman Briggs' bill to dissolve the Harbor District, which motion was withdrawn. A discussion was had. The Mayor was directed to respond to Assemblyman Briggs' letter indicating that the Council of Newport Beach recognizes that this problem is under dis- cussion by all the cities in the County at the present • time and they are looking for better answers perhaps to the operation of the District but no consensus has been reached, the Council feels that this problem is more complex than Assemblyman Briggs' bill com- prehends, and the Council does not support the legis- lation in its present form. 8. A letter dated March 14, 1968 from City of West - 24 minster enclosing resolution of that city declaring its position on the Orange County Harbor District, .re- questing a dissolution of the District and authorizing its representative to the Orange County League of Cities to vote in favor of reorganization of the functions of the District in a County Department, was ordered filed. Budg. Amend. BUDGET AMENDMENTS: • 1. The following Budget Amendments were approved: 18F C -65, $450 transfer of Budget Appropriations from Unappropriated Contingency Reserve to City Clerk, Office Supplies and Office Equipment, for equipment and supplies to set up Visible File Strip System in City Clerk's office. • C -66, $154, 000 increase in Revenue Estimates, Donations & Contributions, and an increase in Budget Appropriations, for Arterial Highway Financ: Program contribution for the acquisition of right -of- way for the widening of 32nd Street from Newport Boulevard to Balboa Boulevard. Page 244 Motion Ayes Noes Abstain Motion Ayes Motion Ayes COUNCILMEN XXI IX X IN x CITY OF NEWPORT BEACH Volume 21 - Page 245 ,,,Index March 25, 1968 W 18F C -67, $11, 000 net increase in Fund Balance and a $20, 000 decrease in Budget Appropriations, Construc- tion of Bulkhead and Enlargement of Park Area at West Jetty and Channel Road; and a $9, 000 increase in Budget Appropriations, Preliminary Plans for New Civic Center, Capital Improvement Fund, COMMUNICATIONS ADVISORY: 1. A letter dated March 6, 1968 from Oroville Chamber 20 -S of Commerce inviting Council to the dedication of Oroville Dam Project and enclosing resume of events was ordered filed. 20 -S 2. A letter from the Library Board of Trustees advising Donation t Council of receipt of check in the amount of $1, 000 Li from the Friends of the Library was presented. The Mayor was directed to send a letter to the Friends of the Library expressing the thanks and appreciation of the Council. 3. The following communications were ordered filed: 20 (a) Agenda of the Board of Supervisors meetings of March 12, 13, 19 and 20, 1968. (b) Letter dated March 5, 1968 from Department of 20 Water Resources enclosing the Final Edition.of Department of Water Resources Bulletin No. 74, "Water Well Standards: State of California ". ADDITIONAL ITEMS: 1. Jay J. Wall, as attorney for Leo Gogorty, presented .8 a letter requesting the abandonment of Bay Avenue Vacation of from the point of its intersection with A Street to the Bay Avenue point of previous abandonment of Bay Street under request Resolution No. 4751, in behalf of Leo Gogorty, owner of Lots 1 and 2 of Blocks 1 and 13 of the Bay Front Section of the Balboa Tract, Newport Beach. Said letter was referred to staff. The meeting was adjourned at 11:05 P.M. ATTEST: • City Cle Page 245 Mayor Motion Ayes Motion Ayes Motion Ayes COUNCILMEN xi x Motion Ayes x x x Motion x Ayes x x x 94 X X x