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HomeMy WebLinkAbout05/13/1968 - Regular MeetingCITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 275 Minutes of REGULAR MEETING OF THE CITY COUNCIL ; Date of Meeting: May 13, 1968 Time of Meeting: 7:30 P. M. Inl1PY Pyre of TQcc4inn• C.""ril ChamhPrc KINSPAW Ix { K APAWAVA' xlxlxlxl 0 ©© The Pledge of Allegiance was led by Patti Chavez and Tess Fisher of the Girls Club of the Harbor Area. Roll Call: Present x x Absent The reading of the Minutes of the Regular Meeting of April 22 and of the Adjourned Regular Meeting of April 29, Motion x 1968 was waived, and said Minutes were approved as Ayes x x written and ordered filed. Absent :ommen- Mayor Marshall read in full a Minute Resolution of Com- lation - mendation for Meritorious Service to George P. Zebal, :ebal which resolution was adopted by unanimous consent of the Ayes x x Council. Absent Mayor Marshall presented the Resolution of Commendation to Mr. Zebal in appreciation for his outstanding service to the community in preparing a comprehensive written analysis of the Newport Beach gas seeps problem. Cechnical The recommendation of 'the Committee for Appointment ail Adv. of Commissioners was approved, and Mr. George P. Motion x �mte. Zebal was appointed as a member of the Technical Oil Ayes x x Advisory Committee. Absent PUBLIC HEARINGS: 1. Mayor Marshall opened the public hearing in con.- ? -C & nection with Ordinance No. 1248, being, k -P Dists AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20.06. 010 OF THE A NEWPORT BEACH MUNICIPAL CODE TO IN- CLUDE A AND P -C DISTRICTS, -P Planning Commission Amendment No. 240 which proposes to include A -P and P -C Districts in the list of designated districts. No one desired to be heard. Mayor Marshall closed the hearing with the unanimous consent of the Council. Ordinance No. 1248 was adopted after the reading of Motion the ordinance was waived by unanimous consent of the Roll Call: Council. Ayes x x Absent Page 275 KINSPAW Ix { K APAWAVA' xlxlxlxl 0 ©© CITY OF NEWPORT BEACH Volume 21 - Page 276 Index May 13, 1968 COUNCILMEN 3 9 p p O\ f N S c? G ORDINANCES FOR INTRODUCTION: (See Page 281, Item 5) ORDINANCES FOR ADOPTION: 1. Ordinance No. 1249, being, vlarine AN ORDINANCE OF THE CITY OF NEWPORT ?ire BEACH AMENDING SECTION 9. 36. 020 OF THE Drotection NEWPORT BEACH MUNICIPAL CODE RELATING TO FIRE PROTECTION OF MARINE INSTAL - LA TIONS, eliminating certain retroactive provisions and clari- fying conditions for future compliance under alteration and reconstruction provisions, was presented for second reading. Ordinance No. 1249 was adopted after the reading of Motion x the ordinance was waived by unanimous consent of the Roll Call: Council. Ayes x x xx x } Absent x CONTINUED BUSINESS: 1. A memorandum was presented from the Public Works Tacation - Director regarding request of Attorney J. Wall, Say Ave. representing Mr. Leo Gogerty, for abandonment of Bay Avenue easterly of "A" Street. 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 x Absent x (a) Resolution No. 6762 adopting a map, as amended, • showing a portion of a certain street known as Bay Avenue which is proposed to be vacated, closed up and abandoned. (b) Resolution No. 6763 declaring intention to order the closing up, vacation and abandonment of a portion of a certain street known as Bay Avenue, setting public hearing for June 10, 1968. �AFCo 2. A notice from the Local Agency Formation Com- irg CM mission regarding hearing in connection with the ian Dist proposed consolidation of the Costa Mesa Sanitary Motion x District with the City of Costa Mesa was diaried to Ayes x x x x x x May 27. Absent x • Page 276 W CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 277 ? v v A S Index May 13, 1968 ZNcio (�� 2mp 3. A memorandum was presented from the City Manager .irport regarding proposed Council Policy statement regarding ' acilities expansion of Orange County Airport facilities. :xpansion 'olicy The following Council Policy statement regarding "Airport Facilities - Expansion" was adopted and the City Attorney was directed to prepare a resolution to Motion x the Board of Supervisors incorporating the Policy for Ayes x x x x x final approval on May 20: Absent x 1. There should be no further southerly expansion of the runways for active use. 2. The Council opposes any increase in the number of air carriers and /or the number of jet aircraft flights operating from the airport. 3. The Council opposes any increase in the current 95, 000 gross aircraft weight limitation. 4. Any expansion of runways to the north, i. e. , displaced threshold, will be limited to take- off operations. 5. This Council goes on record as being in opposition to the present use of Orange County Airport for pure jet commercial use in addition to being opposed to any further expansion of jet use for any reason whatsoever. 6. The Council recommends that the estab- lishment of a suitable commercial jet airport site be given top priority by County and Federal Government agencies to correct the present intolerable noise situation in Newport Beach. RESOLUTIONS FOR ADOPTION: 1. A memorandum was presented from the Public Works !nd St. Director regarding Arterial Highway Financing Pro - 'idening gram agreement for the widening of 32nd Street from Newport Boulevard to Balboa Boulevard. Resolution No. 6764, authorizing the execution of an Arterial Highway Financing Program Project Adminis Page 277 Index 32nd St. Widening Abalone Place- way S eet W. New- port Channels Dredging 7.ct 6015 Tract 6015 0 CITY OF NEWPORT BEACH Volume 21 - Page 278 May 13, 1968 tration Agreement with the County of Orange for the improvement of 32nd Street between Newport Boule- vard and Balboa Boulevard, was adopted after the reading of the resolution was waived by unanimous consent of the Council. 2. A memorandum was presented from the Public Works Director regarding 32nd Street widening project. Resolution No. 6765, accepting a Grant Deed from John L. Radford and Dorothea C. Radford, was adopted after the reading of the resolution was waived by unanimous consent of the Council. 3. A memorandum was presented from the Public Works Director regarding one -way traffic on Abalone Place between Crystal Avenue and Abalone Avenue. Resolution No. 6766, designating a one -way street, was adopted after the reading of the resolution was waived by unanimous consent of the Council. 4. A memorandum from the Public Works Director regarding dredging in the West Newport channels was presented with a copy of an agreement with the Orange County Harbor District. Resolution No. 6767, authorizing the execution of a reimbursement agreement with the Orange County Harbor District for the dredging of the West Newport channels, was adopted after the reading of the reso- lution was waived by unanimous consent of the Council. 5. A memorandum was presented from the Public Works Director regarding Grant of Easement for storm drain purposes in connection with Tract No. 6015 (Newport Center). Resolution No. 6768, accepting a Grant of Easement from The Irvine Company for storm drain purposes, was adopted after the reading of the resolution was waived by unanimous consent of the Council. 6. A memorandum was presented from the Public Works Director regarding Grants of Easement for pedestrian walkway purposes in Fashion Island, Tract No. 6015 (Newport Center). Page 278 COUNCILMEN Motion Roll Call: Ayes Absent Motion Roll Call: Ayes Absent 2 ro v tin Z N r 94 x x Motion x Roll Call: Ayes x x xxx Absent x Motion x Roll Call: Ayes x x xxx Absent x Motion x Roll Call: Ayes x x x x Absent x i1 m A Index r Irvine/ Tustin Improve - Vts Mariners Park Tennis Cwts Accept- ance of Deeds/ Easement: • May 13, 1968 ra M M CITY OF NEWPORT BEACH Volume 21 - Page 279 COUNCILMEN \N\Z� 1Z x M WN xlx 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 Absent x Resolution No. 6769 accepting a Grant of Ease- ment from The Irvine Company for pedestrian walkway purposes. Resolution No. 6770 accepting a Grant of Ease- ment from The Irvine Company and the Newport Center Medical Building for pedestrian walkway purposes. A memorandum was presented from the Public Works Director regarding improvement of Irvine /Tustin Avenues from 22nd Street to University Drive (C- 11.12 The plans and specifications were approved; the City Motion Clerk was authorized to advertise for bids to be Roll Call: opened at 10:00 A.M. on June 4, 1968; a partial Ayes x x waiver of The Irvine Company improvement obli- Absent x gations under the Capital Improvement Policy in exchange for excess right -of -way dedications was ap- proved; a Minute Resolution was adopted authorizing the Mayor and City Clerk to execute a Right -of -Way Certification; and Resolution No. 6771, accepting a Grant of Easement from The Irvine Company for street and highway purposes, was adopted after the reading of the resolution was waived by unanimous consent of the Council. A memorandum was presented from the Public Works Director regarding receipt of bids for Mariners Park tennis courts (C- 1147). Resolution No. 6772, awarding a contract to O. K. Coyle for the construction of Mariners Park tennis Motion courts (Contract No. 1147), in the amount of $30, 027, Roll Call: was adopted after the reading of the resolution was Ayes x x waived by unanimous consent of Council. Absent x A memorandum was presented from the City Attorney dated May 9 regarding acceptance of Grants of Ease- ments for public purposes. Resolution No. 6773, authorizing the City Manager to accept Deeds conveying Easements for public purposes Motion to the City and to consent to their recordation by the Roll Call: County Recorder, was adopted after the reading of the Ayes x x resolution was waived by unanimous consent of Council Absent x Page 279 x M WN xlx CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 280 i ° v o S Z a A p s m A m lnrlpx Mav 13. 1968 ? o y c y a m U� 3alboa 10. A letter dated April 17, 1968 from the Balboa Bay 3ay Club Club requesting approval of two subleases was subleases presented with a memorandum from the City Manager. Resolution No. 6774, authorizing the Balboa Bay Club, Inc, to sublet certain portions of the Balboa. Bay Club premises and establishing the rate of rental payments to the City for subleases of the Balboa Bay Club premises for commercial purposes for terms in Motion x excess of one year, was adopted after the reading of Roll Call: the resolution was waived by unanimous consent of Ayes x x x x x x the Council. Absent x CURRENT BUSINESS: Curb Cut 1. A memorandum from the Public Works Director 5 N. regarding request of Mr. Edwin O. Williams for curb front cut at 505 N. Bayfront, Balboa Island,was presented with a request letter dated May 1, 1968 from Mr. Edwin O. Williams. The request for curb cut at 505 N. Bayfront, Balboa Motion x Island, was approved subject to the condition that cars Ayes xx x x x x do not park extending into the public right -of -way. . Absent x Curb Cut Z. A memorandum was presented from the Public Works Encroach- Director regarding request of Mr. and Mrs. E. O. ment -2227. Rodeffer for an encroachment permit at 2227 Pacific Pacific Dr Drive. The request for an encroachment at 2227 Pacific Drive was approved subject to the condition that the approach Motion x bottom width be decreased to twenty -five feet in ac- Ayes x x x X X N cordance with City policy. Absent x Otation 3. The following appointments to the Orange County Sani- Motion x Dists 5, tation Districts in accordance with Section 4730 of the Ayes x x x x x 6 & 7 State Health and Safety Code were confirmed: Absent x District 5 Mayor Marshall as regular member Councilman Rogers alternate for . Mayor Marshall Vice Mayor Parsons as regular member District 6 Mayor Marshall as regular member Councilman McInnis alternate (will answer the roll) District 7 Mayor Marshall as regular member Councilman Rogers alternate (will answer the roll) • Page 280 7 7 D I I i t I I l I I I CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 281 A 2 Index Ma.V IV 1968 • 'ransient 4. A memorandum was presented from the City Manager )ccupancy dated May 7, 1968 regarding. Uniform Transient Oc- lax cupancy Tax changes. The matter was diaried for staff report on May 20, Motion x 1968. Ayes x x x x x x Absent x ending 5. A memorandum was presented from the City Manager Lachine dated May 8, 1968 regarding the establishment of a dcense vending machines license fee. ees Ordinance No. 1250 was introduced and passed to Motion x second reading on May 27. Roll Call: Ayes xx xx xx Absent x Wing 6. A memorandum was presented from the City Manager 'ermits regarding annual recreation parking permit fees. Resolution No. 6775, amending Resolution No. 6724 which established a parking permit system for the use of parking spaces in City parking lots and in certain Motion x off - street parking meter zones, was adopted after the Roll Call: reading of the resolution was waived by unanimous Ayes x x xxx consent of the Council. Absent x A" & "B" 7. A memorandum was presented from the City Manager treets regarding proposed metering of "A" & "B" Street larking parking lots adjacent to the Balboa Pier. .ot The matter was diaried for May 27. Motion Ayes x x x x x Absent x .boa 8. A memorandum was presented from the City Manager larking regarding proposed modification in rate structure for .ot the Balboa parking lot. The matter was diaried for May 27. Motion x Ayes xx xxx Absent x 'B &R 9. A memorandum was presented from the City Manager astructior regarding adjustment in tennis fees rate structure. ees An increase in the tennis instruction fees from 50� to 75 � per hour and an increase from 20% to 40% in the Motion x percentage of revenues to be transferred to::the� tennis Ayes x x x x x court construction reserve fund were approved. Absent x Page 281 Index May 13, 1968 P F a Cable 1 Commuter Service Orange Co Airport Noise Abatem ent 0 MWD Inspection Trip City of Nort B Balboa Pavilion ID 1 G 2 CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 282 iO r m p w o n z a Z- �oammm ?oz�z -gym V-4 ra X X xl was the consensus of the Council that the City Attorney repare a resolution establishing fees for Parks, Beaches nd Recreation programs. 0. A memorandum from the Air Traffic Advisory Com- mittee regarding application from Cable Commuter Motion x Service to provide passenger service between Orange Ayes x x x x x County and Ontario International Airports, was tabled. Absent x 1. A memorandum was presented from the City Manager regarding proposed Orange County airport noise abate -, ment ordinance. The proposed County airport noise abatement ordi- nance was endorsed, and approval by the Orange Motion x County Airport Commission and the .Board of Super- Ayes x x x x x visors was urged. Absent x 2. A letter dated May 3, 1968 from the President of the Board of Directors of the Coastal Municipal Water District regarding inspection trip of features of the Metropolitan Water District's new distribution system and of the State Water Project on May 15, 16, 17 and 18, was presented. Councilman Hirth, General Services Director Motion Mynderse, Building Director Grant and City Manager Ayes x x x x Harvey Hurlburt were authorized to participate in the Abstain x MWD inspection trip. Absent x iPPLICATIONS - HARBOR PERMITS: A memorandum was presented from the Public Works Director regarding Harbor Permit Application No. A- 1527 of the City of Newport Beach to construct a float and ramp bayward of 29th Street at the Rhine. Harbor Permit Application No. A- 1527 was granted, Motion x subject to the prior approval of the U. S. Corps of Ayes x x x x x Engineers. Absent x A memorandum from the Public Works Director re- garding Harbor Permit Application No. A- 1289 -R (Balboa Pavilion) of Ducommon Realty Company to install two circular sign structures on a float and one flat sign on a building bayward of the U. S. bulkhead line was held over until later in the meeting for Mr. Blandpied's arrival. (See Page 286) Page 282 V-4 ra X X xl B I; 1 t: Ii I f I CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 283 v Y O p 2 Z ri p Y� p B _ �_ .. .. , � , n i n m Z w f ✓� 2 p • ay 3. A memorandum was presented from the Public Works land Director regarding Harbor Permits on Bay Island. The City Clerk stated that a letter had been received that date from the Bay Island Club requesting Council to table the matter until 100% agreement from the club members was obtained. The matter was tabled until the Bay Island Club comes Motion x back to Council with a new proposal. Ayes x x x x x Absent x COMMUNICATIONS - REFERRALS: alifornia 1. A letter dated April 22, 1968 from Lt. Governor icen- Robert H. Finch regarding the California bicentennial al celebration and asking that the Bicentennial Com- Motion x era- mission be notified of activities planned or under way Ayes x x x x x .on in this area was referred to staff for reply. Absent x ,icycle 2. A letter dated April 25, 1968 from the Balboa Island 'rails Improvement Association requesting permission to stencil "No Bicycles" signs on the sidewalk around Balboa Island was presented. Mr. Philip Maurer, President of the Balboa Island Association, spoke from the audience. The matter was diaried for May 27. Motion x Ayes xx xxx Absent x .ancaster 3. A letter dated May 1, 1968 from P. J. Reimer calling Adition attention to lack of sidewalk in area east of Lots 32 & alks 33, Blk 421, Lancaster Addition and asking that the Motion x situation be remedied and the provisions of Streets and Ayes x x x Highway Code #7 be invoked, was referred to staff. Absent x 4. The City Clerk's referral of the following claims for Motion x damages to the insurance carrier was confirmed: Ayes x x x x x Absent x ,verett (a) Claim of Lee Everett for a brass heat exchanger which was apparently picked up by a trash truck belonging to the City. )lsen (b) Claim of Chris Olsen for personal injuries allege sustained on March 30, 1968 when he fell from his bicycle onto raised screws of a manhole cover on Riverside Drive. Iowell (c) Claim of Richard Dean Howell filed by Jean Yardley, his mother, for false arrest on February 1, 1968. Page 283 K x Index • Yardley Dennis Niles Flag Po Vs 11 • CITY OF NEWPORT BEACH Volume 21 - Page 284 AR.... 12 10(10 COUNCILMEN -O D x x xi xl xl (d) Claim of Robert Palmer Yardley for false arrest on February 1, 1968. (e) Claim of Esther M. Dennis for damages to her car on April 9 by a falling sign allegedly belonging to the City. (f) Claim of Ken Niles for property damage at Ken Niles Villa Marina, 1201 Bayside Drive, on April 4 when the City water pressure regulator failed causing excessive water pressure to burst pipes. ADDITIONAL BUSINESS: le 1. The staff was authorized to drill necessary holes in sidewalks to hold American flags for merchants Motion throughout the City who request participation through Ayes x x civic clubs. Absent x BUDGET AMENDMENTS: 1. The following Budget Amendments were approved: Motion Roll Call: C -73, $9, 000 increase in Budget Appropriations for Ayes x x contract for construction of Mariners Park Tennis Absent x Courts from Unappropriated Surplus Building Excise Tax to Budget Appropriations, Construction of Mari- ners Park Tennis Courts. C -74, $2, 500 increase in Budget Appropriations and Revenue Estimates for donation and contribution from Assistance League ($500), Friends of the Library ($1, 000) and Mr. Vermuller ($1, 000) for Special Departmental Supplies Equipment, N. O. C. COMMUNICATIONS - ADVISORY: 1. The following communications were ordered filed and the staff was directed to send a copy of the newly Motion x adopted Council Policy on Airport Facilities - Ayes x x Expansion in reply to Item (h): Absent x (a) A letter dated April 28 from Berniece L. Reynolds advising that her Lot 6, Blk 11, Tract 772 has been cleaned of all weeds and grass and further advising that she had been assessed for cleaning the lot last year erroneously as she had had it cleaned and asking that this be corrected; and cop of Fire Chief Briscoe's reply. Page 284 x x xi xl xl Index • 0 • • CITY OF NEWPORT BEACH Volume 21 - Page 285 May 13, 1968 COUNCILMEN y a o v m m a b) A letter dated May 7, 1968 from the League of California Cities expressing appreciation of City Attorney Tully Seymour's participation in the League's City Clerk's Institute. c) A letter dated April 25, 1968 to Mayor Marshall from Wm. L. Cunningham, new Superintendent of the Newport -Mesa Unified School District, stating that he is looking forward to working closely with the Council in the continued develop- ment of the fine school district. d) A bulletin dated April 19, 1968 from Commission on Peace Officer Standards and Training showing that during the period Jan. 1 - Dec. 31, 1967 Newport Beach trained 7 basic officers and 2 supervisory officers and is entitled to a reim- bursement of $2, 916. 20, and stating that begin- ning July, 1968 the Commission will return to the fiscal year as the basis for annual reimburse- ments. e) Agenda for Board of Supervisors meetings held April 23, 24, 30, May 1, 7 and 8. f) A letter dated April 22, 1968 from Mason /Lasko/ Allender, Inc. stating that they are proposing to erect a temporary structure for Pacific Tele- phone's "Telefair" Show, "The Sounds of Com- munication", in this area on June 25 & 26, the show to run June 27, 28 & 29; and a copy of the License Supervisor's reply. g) A resolution of the Local Agency Formation Com- mission dated April 10 denying West Santa Ana Heights Annexation No. 60 to the City of Newport Beach. h) A letter dated April 27, 1968 from Clanton Rygel protesting the increased jet over - flights and enclosing copy of letter to the Daily Pilot. i) A letter signed by 31 alleged residents of the 2200 block of West Ocean Front protesting alleged harrassment by City police. j) Legislative Bulletins dated April 25 and May 3 from League of California Cities. Page 285 B P CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 286 s \X Z f 4 p m ? o y Index Mav 13, 1968 N z r p alboa Due to Mr. Blandpied's absence, Harbor Permit Appli- Motion x avilion cation No. A- 1289 -R (Balboa Pavilion) of Ducommon Ayes x x x x x Realty Company was diaried for May 27. (See Page 282) Absent x Mayor Marshall stated that the regularly scheduled Study Session for May 20, 1968 would not be held. The meeting was adjourned at 8:55 P.M. to 7:30 P. M. , Motion x May 20, 1968. Ayes x x x x x Absent x Mayor ATTEST: c i Clerk • 0 Page 286 x x (k) A letter dated May 10, 1968 from Lewis Paul addressed to Mayor Marshall protesting the proposed raise in bed tax in the middle of the summer rental season. x x