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Home My WebLink About04/08/1968 - Regular MeetingCITY OF NEWPORT BEACH Volume 21 - Page 246 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: April 8, 1968 Time of Meeting: 7:30 P. M. Index Place of Meeting: Council Chambers CATV s� Warner Brc franchise Pacific Cables, 4� t10 Roll Call: The reading of the Minutes of the Regular Meeting of March 25..was waived, and said Minutes were approved as written and ordered filed. HEARINGS: 1. Mayor Gruber opened the continued public hearing in connection with the Community Antenna Television franchise originally granted to Warner Bros. TV Services, Inc. The following questions were con- sidered: 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. " Whether the transfer of the CATV franchise from Warner Bros. TV Services, Inc. to Pacific Cable Services, Inc. should be approved. Consideration was given to the Council directive of March 25 that the staff review proposal to transfer assets of Pacific Cable Services, Inc. to Newport Beach Cablevision, Inc. for recommendation on whether to transfer the CATV franchise from Warner Bros. TV Services, Inc. to Newport Beach Cable - vision, Inc. The following people representing Newport Beach Cablevision, Inc. , a subsidiary of Foote, Cone & Belding, spoke from the audience: James Kelly, Dick Tully, Newton Minow, Edward Shafer, William B. Carr, Douglas Jardine and Donald S. Lewis. John Peri, President of Data Video Systems of San Francisco, requested revocation of the existing Warner Bros. TV Services, Inc. franchise. Assistant City Manager James DeChaine reported on the staff review of applications received. The hearing was closed. The transfer of the Warner Brothers TV Services, Inc. franchise to Pacific Cable Services, Inc. , subje Page 246 Motion Aye s xlxlxlx COUNCILMEN i Y P s C N s c n 0 o A m o y a z m o 0 0 Present xxxx xxx Motion x Ayes x x x xxx x Motion Aye s xlxlxlx CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 247 s A � m ovw$i,a Index April 8 1968 N N f( A F Z 4 Kin Var Apps 4 Ann UPP Vie 4 x1x xix x to the preparation and execution of the appropriate legal documents, in a form acceptable to the City Council and the City Attorney, to effectuate the franchise transfer to Pacific Cable Services, Inc. was approved; and the acquisition of Pacific Cable Services, Inc. by Newport Beach Cablevision, Inc. and the exercise of the franchise by Pacific Cable Services, Inc. a wholly owned subsidiary of Newport Motion x Beach Cablevision, Inc., was approved. Ayes x x x x x 2. Mayor Gruber opened the public hearing regarding the :hner appeal of Leo B. Kirchner from the decision of the 932 Planning Commission granting Variance No. 932 subject to three conditions, and requesting deletion of Condition No. 3 stipulating that a 3 ft. side yard is to be maintained along Seashore Drive, on Lot 8, Block C, Seashore Colony Tract, known as 6301 and 6303 Seashore Drive, Zone R -2. The findings of the Planning Commission dated April 8 were presented with an appeal letter dated March 25, 1968 from Leo B. Kirchner. i Planning Director Ernest Mayer, Jr. reported on the findings of the Planning Commission. Charles L. Kirchner, representing Leo B. Kirchner, spoke from the audience. The hearing was closed. Motion x Ayes x x x x The findings of the Planning Commission were sus- Motion tained. (See Additional Business, Item 6) Ayes x x x x Noes x �3. Mayor Gruber opened the public hearing in connection 246 with Ordinance No. 1246, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADOPTING DISTRICT MAPS NOS. 53, ex. No. 61 55, 56 AND 57 AND PREZONING UNINCORPO- ar Harb. RATED TERRITORY• ADJACENT TO THE CITY a Hills OF NEWPORT BEACH IN THE EVENT OF SUB- SEQUENT ANNEXATIONS, in connection with community planning in the Upper Harbor View Hills area. Harvey Pease spoke from the audience and expressed his concern regarding the impact that the proposed Page 247 x1x xix x Index • Surfboard license waiver special events April 8, 1968 IKV 1. 1. Tract 615 • Revised Tent. Map 40 CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 248 a o \;1A Upper Harbor View Hills Annexation would have on schools. The hearing was closed. Motion x Ayes x xx xxxx Ordinance No. 1246 was adopted after the reading of Motion x the ordinance was waived by unanimous consent of the Roll Call: Council. Ayes x x x x x x x DINANCES FOR INTRODUCTION: Proposed Ordinance No. 1247, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 11. 16.145 TO THE NEWPORT BEACH MUNICIPAL CODE RELATING TO WAIVER OF THE SURFBOARD LICENSE REQUIREMENT FOR SPECIAL EVENTS, authorizing the City Manager to approve temporary blanket waivers of the surfboard license requirement for persons participating in organized surfing contests or exhibitions, was presented. Ordinance No. 1247 was introduced and passed to the Motion x second reading on April 22, 1968. Roll Call: Ayes x xxx xxx NTINUED BUSINESS: A memorandum from the Planning Director dated April 8 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 96 and 97, Irvine's Subdivision, consisting of 75.0+ acres divided into 249 residential lots located southeasterly of Marguerite Avenue and San Joaquin Hills Road, was presented with a memo- randum from the Public Works Department dated April 4, 1968 regarding the second revised tentative map for Tract 6152 (revised March, 1968). Planning Director Ernest Mayer, Jr. reported on the findings of the Planning Commission. Robert Bein, of Raub, Bein, Frost & Associates, engineers for the applicant, requested relief from the condition recom- mended by the Public Works Department which Page 248 Index April 8, 1968 11 CITY OF NEWPORT BEACH Volume 21 - Page 249 stipulated that the existing drive to Marguerite Avenue be abandoned, and a new street provided extending from Marguerite Avenue to a T connection with Tiller Way. David Kaylor, representing The Irvine Company, requested a waiver of the bond. Traffic Engineer Robert Jaffe gave a report on the staff recommendation for the existing street connection, Seafoam Drive to Marguerite Avenue, abandonment and a new street provided. Councilman Parsons made a motion to approve the Motion revised Tentative Map of Tract 6152, subject to the recommendations of the Planning Commission and the Public Works Department. William Lusk of John D. Lusk & Sons spoke from the audience and stated that their street plan as submitted was reasonable. A vote was taken on Councilman Parsons motion, and Ayes the revised Tentative Map of Tract 6152 was approved. 2. The City Attorney's summary of the provisions of the Hunble Oil oil production contract between the City of Newport Assigmm�t Beach and the Humble Oil & Refining Company was Motion of Oil Rgt ordered filed. Ayes C -595 3. A memorandum was presented from the Public Works Department dated April 4, 1968 regarding the request Vacation - of Jay J. Wall, as attorney for Leo Gogorty, for Bay Ave. abandonment of Bay Avenue easterly of '' A „ Street. Jay J. Wall, attorney for Leo Gogorty, spoke from the audience. • Councilman Forgit made a motion to refer the matter back to staff, which motion was withdrawn. The staff was instructed to prepare a resolution of intention to abandon Bay Avenue easterly of "A” Street and to come back with a corrected map of the area. RESOLUTIONS FOR ADOPTION: R -6741 1. Resolution No. 6741, declaring that weeds and other public nuisances exist upon streets, alleys, sidewalks, parkways, and private property within the City, Weed declaring that said weeds and public nuisances must Abatement • Page 249 Motion Aye s COUNCILMEN 01 c \m A x x x x x x x x x x x x x A x Index April 8, 1968 2. Annex. No. 59 (Moden) R -6742 • R -6743 Election Special Moden Anne 3. Stop signs Channel Ro d U R -6744 4. Jetties Park 8 recreations lease R -6745 Dept. of Army lease C -1188 (38) • CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 250 a p � O be abated, setting the time and place for a public hearing at which the City Council will consider protests from persons objecting to the proposed destruction or removal of such public nuisances by the City, and directing the Fire Chief to give notice of the passage of this resolution and of the public hearing; setting said public hearing for the 22nd day of April, 1968 at 7:30 o'clock P. M. ; was adopted after Motion x the reading of the resolution was waived by unanimous Roll Call: consent of the Council. Ayes x x x x x x ) A memorandum was presented from the City Attorney dated April 4, 1968 regarding the Moden Annexation No. 59 election. Resolution No. 6742, calling for a special election to be held on the 21st day of May, 1968 pertaining to the annexation of Moden Annexation No. 59 to the City of Newport Beach, was adopted after the reading of the Motion x resolution was waived by unanimous consent of the Roll Call: Council. Ayes x x x x x x Resolution No. 6743, ordering the canvass of the Moden Annexation election to be held on the 21st day of May, 1968 to be made by the City Clerk, was Motion x adopted after the reading of the resolution was waived Roll Call: by unanimous consent of the Council. Ayes x x x x x x x A memorandum was presented from the Public Works Department dated April 8, 1968 regarding traffic control requiring vehicles approaching Channel Road on Granada Avenue, Seville Avenue, Miramar Drive and Ocean Boulevard to stop at Channel Road, and requiring vehicles approaching Ocean Boulevard on "I" Street, "L" Street, and "M" Street to stop at Ocean Boulevard. Resolution No. 6744, designating intersections at which vehicles are required to stop, was adopted Motion x after the reading of the resolution was waived by Roll Call: unanimous consent of the Council. Ayes xxxxxx } A memorandum was presented from the City Attorney dated April 5, 1968 regarding a Department of the Army lease for public park and recreational purposes, Newport jetties. Resolution No. 6745, authorizing the execution of a Department of the Army lease for public park and recreational purposes, Newport jetties - Newport Bay, Orange County, California Project Area, and Page 250 i Index April 8, 1968 Mater P1 Streets Highway: • Greenvi: Banning Channel Tract 6565 • 0 CITY OF NEWPORT BEACH Volume 21 - Page 251 COUNCILMEN s V 9 N Nrf A Z 1 x an assurance of compliance with the Department of Defense directive under Title VI of the Civil Rights Act of. 1964, was adopted after the reading of the Motion resolution was waived by unanimous consent of the Roll Call: Council. Ayes xxx x .an 5. Resolution No, 6746, advising the Arterial Highway & Financing Program Advisory Committee of certain changes in the Master Street and Highway Plan of the City of Newport Beach and requesting that said changes be adopted into the County Arterial Highway Master Plan and made eligible for inclusion in the Arterial Highway Financing Program, was adopted Motion x after the reading of the resolution was waived by Roll Calla unanimous consent of the Council Ayes x x x x I 6., A memorandum was presented from the Public Works Department dated April 8, 1968 regarding installation le- of enlarged connector pipe to Greenville- Banning Channel. Resolvtion.Noa 6747, authorizing the execution of an agreement with the Orange County Flood Control District for the construction of enlarged. connector pipe to Greenville- Banning Channel, was adopted Motion after.the reading of the resolution was waived by Roll Call: unanimous consent of the Council. Ayes x x x X: CURRENT BUSINESS: 1. A memorandum from the Planning Director dated April 8 regarding the findings of the Planning Com- mission in connection with the tentative map for Tract 6565, located east of MacArthur Boulevard and south of Ford. Road was presented with a memo - randum from the Public Works Department dated March 21, 1968. Planning Director Ernest Mayer, Jr. reported on the findings of the Planning Commission and recom- mended that all slope banks steeper than 3:1 and higher than 10 feet would require the submittal of stabilization, landscaping and irrigation plans to the Planning Department for review and approval prior to the issuance of a Building Permit. Public Works Director Joe Devlin stated that the following wording should be added to Comment No. 3 in the Public Works Department report: "the excess of improvement con - structed by the developer over obligations established in the Capital Improvement Policy would be credited to the landowner elsewhere. " Page 251 i Z 1 x Index April 8, 1968 0 CITY OF NEWPORT BEACH Volume 21 - Page 252 Bill Klussman, representing the Donald Bren Compan} and Dick Reese of The Irvine Company spoke from the audience. Harvey Pease spoke from the audience opposing the subdivision because of the school situation. The tentative map for Tract 6565, subject to the conditions recommended by the Planning Commission and the Public Works Department and as amended, wa approved. Election - 2• Approval was given for the canvass of the April 9, Municipal 1968 General Municipal Election to be made at 1:00 1968 P. M. on April 11, 1968 by the City Clerk in accord- ance with Resolution No. 6721. ere 3. A memorandum was presented from the Public Works Director dated April 8, 1968 regarding Mariners Park PTenni tennis courts, Contract No. 1147. Courts C -1147 The plans and specifications were approved, and the City Clerk was authorized to advertise for bids to be opened at 9:30 A. M. on May 6, 1968. Jamboree R4 4. A memorandum was presented from the Public Works Ford - Director dated April 8, 1968 regarding the widening Palisades of Jamboree Road, Ford Road to Palisades Road, Contract No. 1096. Relief from maintaining and protecting the completed portions of the project, excepting slope planting, was granted to contractor, subject to the provisions of Section 7 -1.15 of the State Standard Specifications. Wilbur 5. A memorandum was presented from the Public Works S oficDirector dated April 8, 1968 regarding the Wilbur 9 Smith Traffic and Parking Report. Prkg Rept Traffic Engineer Bob Jaffe gave a staff report on the recommendations of the Public Works Department. Miss Harriet Gould spoke from the audience and requested that an adequate supply of the report be made available to the public. The purchase of 300 additional copies of the complete Wilbur Smith Traffic and Parking Report for a cost not to exceed $1, 760 was authorized. Linda Isle 6. A memorandum was presented from the Public Works Piers Director dated April 8, 1968 regarding request of Irvine Company to construct pier platforms of re- inforced concrete on Linda Isle. Page 252 COUNCILMEN Motion Aye s x x Motion Aye s x x Motion Ayes Motion Aye s Motion Ayes Noes x x x x x x X X X X x XIX IX IXIx xixixixixix xIxlxlxlx X 4 Cur 312 Ana Cit prk Bus 4 Can tra Cle P L CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 253 a ov p O Index April 8. 1968 c Ix Ix F-4 Ix 4 The Irvine Company request, subject to the Standard Harbor drawings being modified to permit residential pier platform decks to be constructed of concrete as Motion x an alternate to wooden construction, was granted. Ayes x x xxx x b Cut 7. A memorandum was presented from the Public Works Santa Department dated April 8, 1968 regarding application Drive of Glen Pouder for a curb cut at 312 Santa Ana Avenue. Mrs. Glen Pouder spoke from the audience. Subject curb cut application was denied. Motion x Ayes xx xxx 3� 8. A memorandum was presented from the City Manager y Durnp dated April 8, 1968 regarding request from Jack g Floyd to park personal vehicle on the City dump ' property. The City Manager was authorized to execute a letter of agreement with Jack Floyd providing for parking of personal vehicle on City dump property for $15 Motion monthly. Ayes x x x x x APPLICATIONS - BUSINESS LICENSES: L The following applications for business license were Motion x approved: Ayes x x xxx Tic. (a) Exempt, George Van Melle, holder of a Veterans Administration Disability Certificate, 1964 W. Catalpa, Anaheim, for house to house soliciting for home portraits (True Color Studio). (b) Milton J. Wershow Co., 7213 Melrose Avenue, Los Angeles, for one day real estate auction to be held Thursday, April 18, 1968 at 1:30 P.M. at the Elks Club, 3456 Via Oporto, Newport Beach. COMMUNICATIONS - REFERRALS: 1. A letter dated March 22, 1968 from Robertson, pus Dr. ffic Howser & Garland regarding the traffic situation on Motion Campus Drive was referred to staff. Ayes x x xxx 2. The City Clerk's referral of the following matters to Motion x the insurance carrier was confirmed: Ayes x x x x x x im-prop. (a) Claim of Dorothy W. Wells for damage to her car allegedly caused by a vehicle belonging to the City on January 22, 1968. Page 253 i Ix Ix F-4 Ix 4 Index • Claim - Applic. to File Late UCI - Or. Co. Medic CVF Vacation/ P. U. alley esmnt Via Lido, Oporto, Malaga Water wel Adams /Bro hurst • WD water rates Tidelands Submerged Lands Policy • CITY OF NEWPORT BEACH Volume 21 - Page 254 April 8, 1968 (b) Claim of Pacific Telephone for damage to a cable allegedly caused on February 22, 1968. 3. A memorandum was presented from the City Attorney dated April 5, 1968 regarding Application for Leave to File Late Claim of Joseph Avila and Victor Avila. Application for Leave to File Late Claim and Claim for Assault, Battery, False Imprisonment and Property Damage of Joseph Avila and Victor Avila in connection with incident which took place on July 8, 1967 at 955 West 16th Street, Newport Beach was denied.' 4. A letter dated April 1, 1968 from the Tustin Chamber of Commerce asking for Council's support in request- ing that the Board of Supervisors form a community group to evaluate the tax situation in connection with the proposed Orange County Medical Center at the University of California Irvine Medical School was ordered filed. 5. A letter dated March 27, 1968 from the Southern Counties Gas Company regarding vacation of public utility easement in vacated alley in block bounded by Via Lido, Via Oporto and Via Malaga, was referred to staff. ADDITIONAL BUSINESS: 1. The City Manager was authorized to enter into the necessary agreements for the purpose of drilling and testing for quality of water at the existing City wells located at Adams and Brookhurst. Z. Resolution No. 6748, protesting the increase in water rates by the Metropolitan Water District, was adopted after the reading of the resolution was waived by unanimous consent of the Council. 3. The following Policy statement regarding tidelands and submerged lands in Newport Bay originally granted to the County of Orange was adopted: It is the policy of the City Council to attempt to determine whether the City has a valid legal claim to the tidelands and submerged lands in Newport Bay which were originally granted to the County of Orange prior to their annexation to the City. The Legislative Committee comprised of the Mayor, the City Manager and the City Attorney Page 254 COUNCILMEN NO,, Motion Aye s Motion Ayes Motion Aye s XIXIX 1x1 x x x x x i x x x x x x Motion Ayes x x xxx x Motion Roll Call: Ayes xxxxx x Motion Ayes xi X1 OrANO i Index 0 No. 61 Upper I View H • Easter Wk traffic Kirchner, Leo appeal • • CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 255 April 8, 1968 is authorized to support state legislation to strengthen the City's claim to said lands and to oppose any legislation which tends to defeat or weaken the City's claim. 4. A request letter dated March 22 from The Irvine Company in connection with annexing to the City of Newport Beach the area known as Upper Harbor View Hills was presented with a consent letter dated April 1 1968 from the Metropolitan Water District. Resolution No. 6749, declaring the City's intention to annex to the City certain property known as Upper Harbor View Hills, Annexation No. 61, and giving notice thereof; setting the public hearing for the 22nd day of April, 1968 at 7:30 P. M. at which time the Cit,' Council shall hear and pass upon all written protests, was adopted after the reading of the resolution was waived by unanimous consent of the Council. 5. A memorandum was presented from the Public Works Department dated April 8, 1968 regarding Easter Week traffic regulations. A Minute Resolution to establish "No Parking" on Newport Boulevard, easterly side, starting at a point 116 feet southerly of 26th Street and extending to 26th Street from 2:00 P.M. to 2:00 A. M. , was adopted after the reading of the resolution was waived by unanimous consent of the Council. 6. With the unanimous vote of the Council, Mayor Grube3 reopened the public hearing and announced that it was the time and place for anyone to be heard on the matter regarding the appeal of Leo B. Kirchner from the decision of the Planning Commission in connection with Variance No. 932. Planning Director Ernest Mayer, Jr. recommended that a required 3 ft. setback and permit encroachment into setback with overhang be approved. The hearing was closed. The findings of the Planning Commission were sus- tained with the modification to grant an allowance of an eave encroachment into the required 3 -foot set- back area along Seashore Drive. Page 255 Motion Roll Call: Ayes Motion Roll Call: Ayes x X x a x Motion x Ayes xx xxx xx Motion x Ayes x x Motion Aye s x x x x x x x x x x x x x CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 256 a oy A P T S P p In Index April 8, 1968 U� ff A F a Z - s BUDGET AMENDMENTS: 1. The following Budget Amendments were approved: Motion x Ayes x xxx C -68, $2, 250 transfer of Budget Appropriations for salary increases for City Manager and City Attorney, Resolutions Nos. 6710 and 6711, from Unappropriated Contingency Reserve to Administrative, City Attorney- . Regular Salaries. C -69, $10, 000 increase in Budget Appropriations from Future Water Sources to provide for drill and test for quality of water at the City wells located at Adams and Brookhur st. COMMUNICATIONS - ADVISORY: 1. The following communications were ordered filed: Motion Ayes x x (a) A letter dated March 27, 1968 from Richard B. Compton stating that he feels there are many infractions in the R -1 Zones of the city and asking that zoning regulations be enforced. (b) A letter dated March 30, 1968 from Irmeli Civic Cente Desenberg stating her feeling that the City should have had a competition of young architects for their Civic Center project. (c) A letter dated March 28, 1968 from Woman's Oil Sanctu- Civic League commending the Council for sending ary Legis. Vice Mayor Marshall to Sacramento for the hearing of Bill 142 and stating their feeling that the tabling of the bill was the direct result of this • action. (d) Local Agency Formation Commission: Annexation (1) Notice of public hearing to be held April 10, Vo. 60 1968 on proposed annexation to the City of d. Santa Newport Beach designated as West Santa Ana Ana Hgts Heights Annexation No. 60. (2) Notice of public hearing to be held April 10, 1968 on proposed annexation to the City of Santa Ana designated as Dyer and Grand Northwest Annex No. 2. (3) Notice of public hearing to be held April 10, 1968 on proposed annexation to Costa Mesa Sanitary District designated as Engineer's No. 108. • Page 256 i x X x CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 257 s Y Y ,n p v Ci O A Z T O Index April 8, 1968 Tidela Preser • Water 1 Stanch Calif. Com. Policy • • x x (e) Second Digest of 1968 Assembly Bills Affecting Cities. ids (f) Notice of action taken by San Clemente City ,7atn Council requesting support for declaration of policy for preservation and protection of tidelands in Newport Beach area. (g) Agenda of Board of Supervisors meetings held - March 26, 27 and April 2,and 3, 1968. (h) Press Club: (1) Orange County Press Club Reporter for March. (2) Invitation to Press Club's April 5th T. G. I. F.. (Thank God It's Friday) Club. (i) Bulletin No. 74 from Department of Water dell Resources regarding Water Well Standards; State ^ds of California. (j) A letter dated April 2, 1968 from the California Hwy Highway Commission regarding their policy on the planning and design of highway projects when parks are involved. (k) Resolution of the City of Costa Mesa urging support of Assembly Bill 1014 authorizing Saddle- back Junior College District to enter into an agreement with existing Junior College Districts for the education of students they cannot accom- modate. (1) A letter dated April 4, 1968 from City of Seal Beach stating that they have adopted a resolution opposing changes in the Cunningham -Shell Act. Mayor Gruber stated that the regularly scheduled Study Session for April 15, 1968 would not be held. The meeting was adjourned at 11:25 P. M. to 4:30 P. M. on Motion x Tuesday, April 1 6 , 1968. Ayes x x x x Mayor ATTEST: City Cler Page 257 x x