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Home My WebLink About04/22/1968 - Regular MeetingCITY OF NEWPORT BEACH Volume 21 - Page 261 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: April 22, 1968 Time of Meeting: 7:30 P. M. COUNCILMEN 0101\601 Index Place of Meeting: Council Chambers Roll Call: Present x x x x x x Absent x The reading of the Minutes of the Regular Meeting of April 8 and of the Adjourned Meeting of April 16, 1968 Motion x was waived, and said Minutes were approved as written Ayes x x x x x x and ordered filed. Absent x tea. of Mayor Marshall read in full a Minute Resolution of Ap- \ppreciatioi i preciation to Paul J. Gruber For His Conscientious and layor Orube Devoted Service as Mayor of the City of Newport Beach, April 1964 to April 1968. The Resolution of Appreciation was adopted. Motion N Ayes x x x x x x Absent x Mayor Marshall presented the Resolution of Appreciation to past Mayor Paul J. Gruber and also presented him with a mounted gavel in appreciation of his dedicated service to the City of Newport Beach as Mayor from April, 1964 to April, 1968. HEARINGS: deed 1. Mayor Marshall opened the public hearing in accord - Abatement ance with Resolution No. 6741, declaring that weeds and other public nuisances exist upon streets, alleys, sidewalks, parkways, and private property within the City, declaring that said weeds and public nuisances must be abated, setting the time and place for a public hearing at which the City Council will consider pro- tests from persons objecting to the proposed destruc- tion or removal of such public nuisances by the City, and directing the Fire Chief to give notice of the c passage of the resolution and of the public hearing. j The City Clerk stated that there were no written protests received. Carl J. Buschena, owner of Lot 12, Block 431, Corona del Mar Tract, spoke from the audience regarding rubbish being dumped on his lot and re- quested some type of posting on his property to prevent same. Mayor Marshall closed the hearing with the unanimous consent of the Council. Resolution No. 6752, ordering the Fire Chief to abate weeds and other public nuisances existing upon Page 261 Annexation No. 61 Upper Harb. View Hills • 0 • CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 262 April 22, 1968 streets, alleys, sidewalks, parkways and private property within the City, was adopted after the reading of the resolution was waived by unanimous consent of the Council. 2. Mayor Marshall opened the public hearing in accord- ance with Resolution No. 6749, a resolution of the City of Newport Beach declaring its intention to annex to the City certain property known as Upper Harbor View Hills Annexation No. 61 and giving notice thereof. A memorandum from the Planning Director dated ✓April 22 regarding historical summary of the Upper Harbor View Hills proposed annexation was presented with a memorandum from the City Attorney dated April 18, 1968. The City Clerk stated that a letter dated April 22 ad- dressed to City Attorney Tully Seymour had been received that day from Arthur D. Guy, Jr. of the Guy and Smith legal firm, requesting that the people with- in the Unified School District be provided with a period of time normally allowed by ordinance proce- dure in connection with the proposed Upper Harbor View Hills annexation and urging that Council proceed with introduction of an ordinance rather than a reso- lution or hold the matter over to the next Council meeting. Planning Director Ernest Mayer, Jr. gave a summary of the proposed Upper Harbor View Hills Annexation proceedings. Mrs. Catherine Hallberg spoke from the audience and requested that the annexation be held up until something could be worked out with The Irvine Company regarding school sites. Mr. Harvey Pease requested that if the proposed annexation were ap- proved, the approval be given by ordinance rather that by resolution so that the approval and final annexation would not take place immediately. Mr. Raymond Watson, Vice President of The Irvine Company, spoke from the audience. Mayor Marshall closed the hearing with the unanimou: consent of the Council. Resolution No. 6753, approving the annexation to the City of certain uninhabited territory contiguous to the City of Newport Beach and known as Upper Harbor View Hills Annexation No. 61, was adopted after the reading of the resolution was waived by unanimous consent of the Council. Page 262 Motion Roll Call: Aye s Absent Motion Roll Call: Aye s Absent a i Fi Planned Community CPC 9 AP DistrictE 0 Marine Fire Protection E CITY OF NEWPORT BEACH Volume 21 - Page 263 April 22, 1968 The Building Director was authorized to issue building permits for model homes. ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1248, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20. 06. 010 OF THE NEWPORT BEACH MUNICIPAL CODE TO IN- CLUDE A -P AND P -C DISTRICTS, Planning Commission Amendment No. 240 which proposes to include A -P and P -C Districts in the list of designated districts, was presented. A memorandum from the Planning Director dated April 22 regarding the findings of the Planning Com- mission was presented with a memorandum from the City Attorney dated April 19, 1968. Ordinance No. 1248 was introduced and set for public hearing on May 13, 1968, 2. Proposed Ordinance No. 1249, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 9.36. 020 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO FIRE PROTECTION OF MARINE INSTALLA- TIONS, eliminating certain retroactive provisions and clarifying conditions for future compliance under alteration and reconstruction provisions, was presented. Memoranda dated April 19, 1968 from the City Manager and City Attorney were presented. Ordinance No. 1249 was introduced and passed to second reading on May 13, 1968. Page 263 COUNCILMEN Motion x Ayes x x x x x Absent x Motion Roll Call: Aye s Absent Motion Roll Call: Ayes Absent x ,jndex Surfboan License Waiver • Newport Beach Tennis C Easement TASC Tropor Assoc. S Bylaws Tract 6468 Fin. Map • CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 264 `N,N`rc1p�N` April 22, 1968 ORDINANCES FOR ADOPTION: 1. Ordinance No. 1247, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 11. 16.145 TO THE NEWPORT BEACH MUNICIPAL CODE RE- LATING 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 con- tests or exhibitions, was presented for second reading. Ordinance No. 1247 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 Absent x RESOLUTIONS FOR ADOPTION: i 1. A memorandum was presented from the Public Works Director dated April 22, 1968 regarding a public Lul utility easement on Newport Beach Tennis Club site. Resolution No. 6754, accepting a public utility ease- Motion x ment., was adopted after the reading of the resolution Roll Call: was waived by unanimous consent of the Council. Ayes x x x x Absent x Z. A memorandum was presented from the Public Works .-al ion Director dated April 22, 1968 regarding proposed changes to the Bylaws of the Transportation Associ- �' Calif' ation of Southern California (TASC). Resolution No. 6755, approving certain changes in the agreement authorizing participation in the Los Motion Angeles Regional Transportation Study, was adopted Roll Call: after the reading of the resolution was waived by Ayes x x x x unanimous consent of the Council. Absent x 3. A memorandum from the Planning Director dated April 22 regarding the findings of the Planning Com- mission in connection with the final map of Tract 6468, being a proposed subdivision of Tract 6467, consisting of 3.68 acres divided into thirty -eight building lots and one common green area lot located in the Bluffs, between Vista del Sol and Vista del Oro Page 264 i L r a 1Z M x x 7 S 4 P C T r' CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 265 -index Anril 22. 1968 IM adjacent to Eastbluff Drive, was presented with a memorandum from the Public Works Department dated April 4, 1968. Planning Director Ernest Mayer, Jr. reported on the findings of the Planning Commission. The final map for Tract 6468 was approved, subject Motion to the recommendations of the Public Works Depart- Ayes x x x : ment and the Planning Commission. Absent x The following resolutions were adopted after the Motion reading of the resolutions was waived by unanimous Roll Call: consent of the Council: Ayes x x x ze Bluffs Absent x Resolution No. 6756 authorizing the execution of • an agreement with The Bluffs, subdivider, for the construction of improvements in Tract No. 6468. Resolution No. 6757 authorizing the execution of a Notice of Addition of Territory for Tract No. 6468 under the declaration of covenants, condi- tions and restrictions applicable to Tract No. 5798. mate Bill 4. A memorandum was presented from the City ?5 Attorney dated April 19, 1968 regarding Senate Bill memption 425 concerning preemption with copies of Senate Bill No. 425, copies of a letter to former. Mayor Paul J. Gruber from Senator H. L. Richardson and copies of press release dated February 22 from Senator Richardson. • Resolution No. 6758, expressing support for Senate Motion Bill 425 concerning preemption, was adopted after Roll Call: the reading of the resolution was waived by unanimous Ayes x x x consent of the Council. Absent x ATV 5. Resolution No. 6759, approving the transfer of a com- -msfr munity antenna television franchise from Warner Motion x uiui.se Bros. TV Services, Inc. to Pacific Cable Services, Roll Call: Inc. , was adopted after the reading of the resolution Ayes x x x was waived by unanimous consent of the Council. Absent x The City Clerk stated that a letter dated April 19 had been received that day from the Pacific Cable Ser -' vices, Inc. , a wholly -owned subsidiary of Newport Cablevision, Inc. , stating that they intend to place additional coaxial cable in a conduit at the same time they lay the underground CATV installation. Page 265 i xi X1 X1 X1 xi L 7 7 r I c CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 266 6.J.... A'l 19 10 4 - -11 xi xi kTV 6. Resolution No. 6760, approving the proposed rates Motion x and charges to subscribers of Pacific Cable Services, Roll Call: Inc. , was adopted after the reading of the resolution Ayes x x x x } was waived by unanimous consent of the Council. Absent x torn 7. A memorandum was presented from the Public Works rain Director dated April 22, 1968 regarding storm drain asement easement across Lots 13, 15 and 17, Block 431, 1 431 CdM Corona del Mar (433, 435 and 437 Dahlia Avenue). Resolution No. 6761, accepting a storm drain ease- Motion ment across Lots 13, 15 and 17, Block 431, Corona Roll Call: del Mar, was adopted after the reading of the reso- Ayes x x x x 3 lution was waived by unanimous consent of the Council. Absent x s CURRENT BUSINESS: ract 6230 1. Memoranda from the Planning Director dated April 22 ent. Map regarding the findings of the Planning Commission in connection with the tentative map for Tract 6230, being a proposed subdivision of a portion of Block 52, Irvine's Subdivision, consisting of 14.86 acres divided into eighty -two lots and one green area lot, located in the Bluffs between Vista del Oro and East - bluff Park, and revised Use Permit 1054 -G in con- junction with the tentative tract map were presented with a memorandum from the Public Works Depart- ment dated April 4, 1968. Planning Director Ernest Mayer, Jr, reported on the findings of the Planning Commission. The revised tentative map for Tract 6230 and revised Use Permit 1054 -G were approved subject to the Motion • conditions recommended by the Public Works Depart- Ayes x x x X: ment and the Planning Commission. Absent x 'ity Stree s 2. A memorandum was presented from the Public Works feeds Director dated April 22, 1968 regarding the City ;stimate Street Needs Estimate Study. std The City Street Needs Estimate Study was approved Motion x and the Public Works Director was authorized to Ayes x x x X: forward the study to the Division of Highways. Absent x 'arking Lol 3. A memorandum was presented from the Public Works mpr, Director dated April 22 regarding improvement of fpt. Ocean Newport. ocean front parking lot, Contract 1143. Ynnt ;-1143 Subject work was accepted and the City Clerk was Motion x authorized to file a Notice of Completion and to re- Ayes x x x x lease the bonds 35 days after Notice of Completion Absent x • has been filed. Page 266 xi xi CITY OF NEWPORT BEACH Volume 21 - Page 267 . -lndex April 22. 1968 COUNCILMEN s amboree Rd 4. A memorandum was presented from the Public Works ransmissi n Director dated April 22, 1968 regarding installation ain of 18 -inch transmission main in Jamboree Road, -1019 Contract 1019. Subject work was accepted, the City Clerk was authorized to file a Notice of Completion and to re- lease the bonds 35 days after Notice of Completion has been filed, and the requirement that 10% of the Motion total payment be retained until 45 days after accept- Ayes x x ante of the work was waived. Absent x ract 6385 5. A memorandum was presented from the Public Works Director dated April 22, 1968 regarding acceptance of improvements in Tract 6385. • The public improvements constructed in conjunction with Tract 6385 were accepted, and the City Clerk Motion was authorized to release the Letter of Credit Ayes x x guaranteeing faithful performance and to release the Absent x Letter of Credit submitted in lieu of the Labor and Material Bond in six months provided no claims have I been filed. 6. A memorandum from the Air Traffic Advisory Com- it Trfc dv. Clete mittee dated April 22 regarding recommendations rclinance on ordinance establishing Air Traffic Advisory Com- mittee and a revision to the City Council Airport Facilities Expansion policy was presented with a memorandum from the City Manager dated April 22, 1968. Councilman Gruber made a motion to approve the recommendations and instruct the City Attorney to • prepare the necessary ordinance establishing the Air Traffic Advisory Committee and to approve the recommended policy statement, which motion was withdrawn. A discussion was had. Co. The recommendations of the Air Traffic Advisory r. irport Committee were approved and the City Attorney was Motion acilities instructed to prepare the necessary ordinance Ayes x x xpansion establishing an Air Traffic Advisory Committee. Absent x olicy The revision to the City Council Airport Expansion Policy.was diaried to the May 13 study session, at Motion which time the members of the Air Traffic Advisory Ayes x x Committee would meet with the Council. Absent x 7. The recommended nominations for Council committee Motion x appointments were approved, with the Mayor to serve Ayes x x as ex- officio member on all ad hoc committees. Absent x Page 267 x x xl xl xi X x x x x x x x x x x x xl CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 268 .Index April 22, 1968 8. A report was presented from the City Attorney dated Odlling April 19, 1968 concerning violation of Section 1401 violations of the City Charter which restricts the drilling of oil wells in the City. Subject report was received and approved; the Council Motion reaffirmed its interpretation of Section 1401 of the Ayes Charter to the effect that oil drilling activities are Absent prohibited in the territory annexed as Annexation No. 54; it recognized there are apparent violations of Section 1401; it stated its intention to enforce Section 1401; and toward that end, the City Manager was re- quested to recommend one or more consultants to make a survey of the existing wells drilled in violation of the Charter and to detect any attempted future violations. n LJ Business APPLICATIONS - BUSINESS LICENSES: l,ic. ADDl1 . 1. The following business license was approved: Motion Aye s Exempt, Jean Ann Waldrle, Field Enterprises, 1905 Absent East 17th Street, Santa Ana, soliciting door to door, World Book/ Childcr aft -Educational Books. The City Attorney was directed to look into the matter of Motion cutting down on business licenses coming to Council. Ayes Ab s ent COMMUNICATIONS - REFERRALS: Freeway & 1. A letter dated April 2, 1968 from District Engineer, Expressway District 7, Division of Highways, regarding recom- Ar mendations for any additions or deletions to the Free- way and Expressway System for a report to the Legis- lature, and asking that any additional recommenda -' tions, together with suitable supporting factual in- Motion formation be discussed with him or his staff no later Ayes than July 1, 1968, was referred to staff. Absent Electronic 2. A letter dated April 2, 1968 from Lido Sands Com- Protection munity Association asking about the possibility of System installing a television monitor camera within their Motion (EPS) area and requesting some form of patrol in that area Ayes was referred to staff for reply. Absent • 3. A letter dated April 8 from the Orange County Health Department asking for a proclamation designating the Motion week beginning April 14, 1968 as "Environmental Ayes Health Week" was ordered filed. Absent Page 268 x x x x x x c v Akdex W Old Town Annual • Claim for Damages House Holland Lane • Notice to Withold Penhall Co LAFCO Hrg Costa Mesa' San. Dist LAFCO Hrg Country; °Cli No. 1 • CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 269 April 22, 1968 _1 4. A letter dated April 17 from Old Town Newport Associ, ation regarding the Third Annual Old Town Celebration to be held May 4 and 5, 1968 and asking permission to block the 21st Place alley at both ends from 9:00 A. M. to 6:00 P.M. and 22nd Street between Balboa Boulevard and Ocean Front from 9:00 A. M, to 11:00 A, M. on both days, was presented. City Manager Harvey Hurlburt recommended that approval not be given to the closing of 22nd Street but to allow use of the sidewalk area at the base of the Newport Pier and to allow the closing of the 21st Place alley, Subject request was granted with the modification Motion x recommended by the City Manager. Ayes x x x x Absent x 5. The City Clerk's referral of the following matters to Motion the insurance carrier was confirmed: Ayes x x x x Absent x (a) Claim of Cathie House for damage to her car cause when she hit a barricade which allegedly was improperly lighted on March 15, 1968. (b) Claim of Richard Holland for damage to his car allegedly resulting from an incident which occurred in the City Yard. (c) Claim of Auto Indemnity Exchange of Orange County for damage to a car belonging to their insured, Carter H. Lane, allegedly caused by a City vehicle on March 14. 6. The City Clerk's referral of the :following matter to the Motion x City Attorney was confirmed: Ayes x x x x Absent x Summons and Complaint for Enforcement of Notice to Withhold, and Action on Labor and Material Bond, Case No. 155258 in the Superior Court, Orange County, in the matter of L. B. Penhall Co. vs. Underground Conductors, City of Newport Beach, et al. 7. The following notices from the Local Agency Formation Commission regarding hearings to be held May 8, 1968 were presented: Proposed consolidation of the Costa Mesa Sanitary District with the City of Costa Mesa was referred to Motion 1b staff for report back on May 13; and the proposed Ayes x x x x annexation to the City of Costa Mesa designated Country Absent x Club Annexation No. 1, comprising the northwest Page 269 xix x A© =FA xixi • CJ fe CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 270 lex April 22, 1968 corner of the Country Club property, was referred to staff for report back on April 29, 1968. t BUDGET AMENDMENTS: nents 1. The following Budget Amendments were approved: Motion x Roll Call: C -70, $1100 increase in Budget Appropriations and Ayes x x x x x x Revenue Estimates to provide for Via Lido merchants' Absent x share of installing decorative lighting for Via Lido Sprinkler and landscaping project. C -71, $1760 transfer of Budget Appropriations from Unappropriated Contingency Reserve to provide for purchase of 300 copies of Newport Beach Traffic Planning Parking and Operations Study. C -72, $3000 increase in Budget Appropriations and Revenue Estimates to provide for property owners' share of project cost for paving alley west of 15th Street between Balboa Boulevard and Bay Avenue. COMMUNICATIONS - ADVISORY: 1. The following communications were ordered filed: Motion x Ayes x x x x x x (a) Letter dated April 4 from Women's Division Absent x Newport Harbor Chamber of Commerce expressing opposition to proposed imposition of a Tidelands Use Fee. (b) Letter dated April 9 from Assemblyman Robert Badham acknowledging receipt of resolution in opposition to repeal of certain provisions of Cunningham -Shell Act. (c) Letter dated April 10 from Assemblyman Badham thanking Council for advising him of their support to change formula for allocation of cigarette tax revenues. d. Letter dated April 9 from Marty Lockney, Sr. complimenting City on beautiful center divider at Lido Shopping Area. (e) Letter dated April 14 from Patricia Demecq commending the Marine Safety Department and all their personnel for their vigilance and com- petence during Easter Week and with special appreciation to lifeguard Bob Rosso. (f) Letter dated April 15 from the Balboa Improvement Association complimenting all the City staff for a very efficient Easter Week. (g) Agenda of Board of Supervisors meetings held April 9, 10, 16 and 17. Page 270 i CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 271 w ". Index April 22, 1968 ' (h) Statement dated April 5 from the State Controller regarding advance apportionment of vehicle license Fee Revenues for the 1967 -68 Fiscal Year and showing Newport Beach's apportionment to be $174, 632. 12 based on 40, 050 population. (i) Third Legislative Digest from the League of California Cities. (j) Resolution of the Local Agency Formation Commis- sion dated February 21 disapproving the proposed detachment of the City of Huntington Beach from the Orange County Harbor District. ADDITIONAL ITEMS: 1. Councilman Gruber's request to be absent from the Motion x • City and State from May 15 to June 20, 1968 was Ayes x x x x x approved. Absent x The meeting was adjourned at 9:30 P. M. to 7:30 P.M., Motion. April 29, 1968. Ayes x x x x x Absent x Mayor ATTEST: Z_10�la City Clerk • Page 271 I