The URL can be used to link to this page

Home My WebLink About11/12/1968 - Regular MeetingWindex W Ate ss- ment Dist, 51 • CITY OF NEWPORT BEACH Volume 22 - Page 110 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: November 12, 1968 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers Roll Call: The reading of the Minutes of the Adjourned Regular. Meeting of October 28, 1968 was waived, and said Minutes were approved as written and ordered filed. A resolution was unanimously adopted commending Ernest Mayer, Jr, for his dedicated service and outstanding ac- complishments as Planning Director for the City of New- port Beach. Mayor Marshall presented the resolution to Mr. Mayer. HEARINGS: 1. Continued public hearing in connection with Assess - ment- Disti4at,Nb: 51:< �,; The.Deputy City Clerk stated that this was the time and place fixed for the continued hearing to consider any protests or objections:to the waiver of compliance with the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931" in connection with proposed Assessment District No: 51, as set forth in Resolution No. 6878, and to consider any objections or protests to the work and improvements proposed to be done in Assessment District No. 51, or to the extent of the district. A memorandum from the .Public Works Director was presented regarding estimated costs and revised schedule of proceedings. Mayor Marshall asked the Deputy City Clerk if any written protests or objections against the undertaking of the proceedings for Assessment District No, 51 without compliance with the provisions of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931" had been received. The Deputy City Clerk stated that no written protests had been received. Mayor Marshall asked the Deputy City Clerk if any written protests or objections had been received ob- jecting to the proposed work or improvements, or to the extent of the assessment district, to-the proposed grades, or to any other aspect of the proposed asses - ment district. Pop 110 COUNCILMEN Present x x x x Absent Motion x Ayes x x x x Absent Motion Ayes Absent x Ix H A CITY OF NEWPORT BEACH COUNCILMEN Volume 22 Page 111 dex November 12, 1968 The Deputy City Clerk stated that no additional letters had been received since the hearing on October 28, therefore a total of six letters of protest had been received. Mayor Marshall asked if anyone present wished to be heard. Mayor Marshall referred all protests to the Public Works Director for checking and report as to the per- centage of the area represented thereby. The Public Works Director reported that the protests represent less than:27o of the total assessment district, or less than 5076 of the total area of the assessment district. • M Mayor Marshall declared the hearing closed with the unanimous consent of the Council. Resolution No. 6899, determining that a majority pro- test does not exist against the proposed work to be done within Assessment District No: 51, overruling all protests and ordering certain work to be -done in said assessment district pursuant to the "Improvement Act of 191111, without compliance with the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931 "; and directing that the bids for said work may be opened, examined and declared by M Motion x x the City Clerk, was adopted after the reading of the R Roll Call: resolution was waived by unanimous consent of the A Ayes x x x x x x 3 Council. A Absent 2. Mayor Marshall opened the public hearing regarding x Index W Distri Map 9 • U nifo r Plumt Code 0 Harbo. K e gula • CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 112 ATnocmh<r 1 7 1 QiiR x x Mayor Marshall declared the hearing closed with the unanimous consent of the Council. The action of the Planning Commission was sustained, Motion x and Resubdivision Application 254 was denied. Ayes x x x x x : Ab s ent 3. Mayor Marshall opened the public hearing in con - A nection with Ordinance No. 1284, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 9, Planning Commission Amendment No. 250 which pro- poses to rezone west side of 19th Street, excluding Tastee Freez property, to an R -2 District. Mayor Marshall declared the hearing closed with the unanimous consent of the Council. Ordinance No. 1284 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 Ab s ent ORDINANCES FOR ADOPTION: 1. Ordinance No. 1285, being, m AN ORDINANCE OF THE CITY OF NEWPORT ing BEACH ADDING CHAPTER 15.08 TO TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE TO PROVIDE FOR A UNIFORM PLUMBING CODE, was presented for second reading. Ordinance No. 1285 was adopted after the reading of Motion x the ordinance was waived by unanimous consent of Roll Call: the Council. Ayes x x x x x Absent Z. Ordinance No. 1286, being, AN ORDINANCE OF THE CITY OF NEWPORT tionE BEACH ADDING SECTIONS 17. 04. 035, . . . 17.04. 055 AND 17. 08. 025 AND AMENDING CHAPTERS 17. 04, 17. 08, 17. 24, 17. 36 AND 17.40 TO TITLE 17 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO HARBOR REGULATIONS, was presented for second reading. Page 112 x x Uniform Building Code CJ Newport Beach City Arts C ommitte i • Tract 656! (Com- munity Park) St. /Bay Water N CITY OF NEWPORT BEACH Volume 22 - Page 113 November 12, 1968 Ordinance No. 1286 was adopted after the reading of the ordinance was waived by unanimous consent of the Council. IORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1287, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 15.04 TO TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE TO PROVIDE FOR A UNIFORM BUILDING CODE, was presented with a memorandum from the City Attorney. Ordinance No. 1287, as amended, was introduced and passed to second reading on November 25, 1968. ICONTINUED BUSINESS: 1. A memorandum was presented from the City Attorney regarding the Newport Beach City Arts Committee. Resolution No. 6900, continuing the existence of the Newport Beach City Arts Committee, prescribing its powers and duties, and specifying the number and manner of appointment of its members, was adopted after the reading of the resolution was waived by unanimous consent of the Council. RESOLUTIONS FOR ADOPTION: 1. A memorandum was presented from the City Attorney regarding Reimbursement Agreement in connection with the development of Buffalo Hills Park. Resolution No. 6901, authorizing execution of a Re- imbursement Agreement with Newport Hills, Inc., in connection with the development of Buffalo Hills Park, was adopted after the reading of the resolution was waived by unanimous consent of the Council. CURRENT BUSINESS: 1. A memorandum was presented from the Public Works Director regarding voidance of Contract No. 1104 for Page 113 COUNCILMEN Motion Roll Call: Ayes Absent Motion Ayes Absent Motion Roll Call: Ayes Absent Motion Roll Call: Ayes Ab s ent a A 'p^p0 2P `N f � 2 A x xx xxx X X x1 x �x =ndex November 12, 1968 Uniform Housing Code • Expense Accounts Fire Dept. Equipment Bing Depart- ment Cassel, P. A. r�L CITY OF NEWPORT BEACH Volume 22 - Page 114 the lowering of the 12 inch cast iron water main at end of Washington Street. The award of Contract No. 1104, which was originally awarded contingent on receipt of funds from Southwest Capital, was cancelled. The staff was directed to remove the construction materials blighting the beach in that particular area. 2. A memorandum was presented from the City Attorney regarding Certificate of Equivalency regarding State Housing Law in connection with Ordinance 1279 which adopted the Uniform Housing Code. The City Clerk was directed to notify the Department of Housing and Commercial Development that the City Council has adopted an ordinance prescribing a number of standards equal to or greater than those prescribed in the State Housing Act. 3. The expense account of Councilman E. F. Hirth for attendance at the League of California Cities Confer- ence in Los Angeles on October 13, 14, 15 and 16, 1961 was approved. 4. A memorandum was presented from the City Manager regarding purchase of fire apparatus. The City Manager was authorized to sign a Letter of Intent to purchase one (1) new Mack fire truck with a 1250 G. P.M. pumper. 5. A memorandum was presented from the City Manager recommending additional personnel in the Building Department to cope with unanticipated major increase in building construction. The City Manager was authorized to employ two additional Building Inspectors, and two additional two - door sedans were authorized in the current budget. APPLICATIONS - HARBOR PERMITS: 1. A memorandum was presented from the City Harbor Coordinator regarding Harbor Application No. A -1545 of Mr. P. A. Cassel, to install a new pier, ramp and three slip floats to. be reserved for the use of tenants of a proposed apartment building bayward of 403 -407 Edgewater Place. Page 114 Motion Ayes Absent Motion Ayes Absent Motion Aye s Absent Motion Ayes Absent Motion Aye s Absent Motion Ayes Absent COUNCILMEN ,idex W___ C io Service Board CITY OF NEWPORT BEACH Volume 22 - Page 115 November 12, 1968 Harbor Coordinator George Dawes presented staff report. Harbor Permit No. A -1545 was approved, subject to the following conditions: (a) Permit not to be issued until commencement of construction of apartment building. (b) Dredged sand to be deposited equally on Cypress Street public beach and Cassel's beach. COMMUNICATIONS - REFERRALS: 1. A letter was presented from W. Allen Grubb sub his resignation as a member of the Civil Service with regret. Mr. Grubb's resignation was accepted with regret and the Mayor was requested to prepare a Certificate of Appreciation for Mr. Grubb's outstanding service. 2. A letter was presented from Mayor Bollero of the City Mexican of Corona enclosing copies of resolutions from the Border League of California Cities and the City of Corona urging United States Congress to conduct hearings in Southern California to consider the closing of the California- Mexican border to minors in connection with the curtailment of narcotics being brought into California by minors across the border. The City Attorney was directed to draft a resolution to be brought back to the Study Session of the next regular • meeting which would encompass not only recommen- dations for closure of the border to unescorted minors; but also request a study in greater depth regarding possible corrective legislation which would eliminate the drug traffic. 3. Copy of a letter addressed to Public Works Director Pacific Joseph Devlin from Paul J. Ashenfelter and 15 Coast property owners in the area objecting to the further Freeway development of Fifth Avenue as a secondary artery a its eventual connection to an on ramp -off ramp comp as a part of the Coast Freeway system easterly of Poppy Avenue and respectfully requesting that all property owners in the area be given the opportunity review all the facts prior to the completion of plans regarding Fifth Avenue, was presented. • Page 115 Motion Ayes Absent Motion Ayes Absent Motion Ayes Absent COUNCILMEN x x x ix Ix iea x x Fifth Ave/ Trf Safety 0 Freeway Express- way System F_ I L W ilke r s • CITY OF NEWPORT BEACH Volume 22 - Page 116 November 12, 1968 The staff was instructed to convey to Mr. Ashenfelter the sympathy and concern of the Council and assure him that the property owners will be kept fully informe( as to anything happening to Fifth Avenue as far as the Coast Freeway is concerned. 4. A letter from the Harbor View Parent Faculty Organi- zation and the Corona del Mar Citizens for Safety Committee regarding safety hazard at the intersection of Fifth Avenue and Marguerite Avenue in Corona del Mar and requesting that protective measures be in- stalled, was presented with a petition bearing 287 signatures of property owners and residents in the area supporting the requests and a copy of a letter from the Harbor View Hills Homeowners Association supporting the request for the immediate installation of a crossing guard at the Fifth and Marguerite Ave- nues intersection.. Mrs. James Rubel spoke from the audience. Traffic Engineer Robert Jaffe spoke briefly and asked for more time for formal study and report. The matter was referred to staff for study and report to come back November Z5. 5. A letter from the California State Chamber of Com- merce, Citizens for Freeways and Highways, enclosing a suggested format for -a "Level of Service" resolution, and requesting consideration and passage of such a resolution as evidence to the Legislature of local recognition of the importance of Freeways and Ex- pressways to: the economy and to our way of life, was referred to the Freeway Committee for consideration and further discussion. 6. The City Clerk's referral of the following claim for damages to the insurance carrier was confirmed: (a) Claim of Joy A. Wilkers for damage to his auto- mobile on October 28, 1968 allegedly caused when he was involved in an accident with a Police vehicle. Page 116 Motion Ayes Ab s ent Motion Ayes Absent COUNCILMEN x x Motion x Ayes x x x Absent Motion x' Aye s x x x Absent X ix A CITY OF NEWPORT BEACH Volume 22 - Page 117 Index November 12, 1968 Ayes Noes Absent Motion Ayes Absent COUNCILMEN ADDITIONAL BUSINESS: 1. Vice Mayor Parsons made a motion that the Mayor Civic be authorized to enter into an agreement with Eco- Center nomics Research Associates for the following services relative to the Newport Beach Civic Center project: (a) Make necessary economic analysis and prepare appropriate information for submission to the County of Orange to encourage relocation of the Newport -Mesa Judicial District facilities to the proposed Civic Center complex in Newport Center. (b) Develop strategy and guidelines for the various elements of the program to acquire Civic Center properties and induce other public and semi - public • agencies to become a part of the Newport Beach Civic Center complex. The foregoing services will be provided at a cost of $4, 000 - 5, 000 under the conditions specified in a memorandum dated November 5, 1968 to Mayor Doreen Marshall from Thomas J. Ashley, Economics Researcl Associates. Such services shall be under the im.- mediate direction of Mr. William Lund, Executive Vice President of Economics Research Associates. A discussion was had. Don Elder and Dee Cook spoke from the audience. A vote was taken on Vice Mayor Parsons' motion, which motion carried. • COMMUNICATIONS ADVISORY: - 1. The following communications were ordered filed: Notice from the Local Agency Formation Commission of hearing to be held November 6, 1968 on the pro- posed annexation to Irvine Ranch Water District designated Annexation No. 9. One -way Letter addressed to Mayor Marshall from Dale Cartter; Streets, past resident of Corona del Mar, congratulating the CdM Council on the proposed one -way street program in Corona del Mar. Skybus, Notice from the Public Utilities Commission that the Inc. Application of Skybus, Inc. fora certificate of public convenience and necessity had been removed from its calendar as hearing has been set before Examiner • Rogers for Tuesday, November 12. Page 117 Ayes Noes Absent Motion Ayes Absent COUNCILMEN Or County Airport • City- County Dock • 11 CITY OF NEWPORT BEACH Volume 22 - Page 118 November 12, 1968 Copy of a letter to the Building Department from Roger G. McKinnon, owner of Roger's of California, regarding the dust and dirt problem in connection with the construction of the South Bay Club at the corner of Sherington and Irvine Avenue; and a copy of the Building Director's reply to Mr. McKinnon. Copy of a resolution of the City of Westminster calling fora return to respect for law and order and civil obedience. Excerpts from Minutes of the Board of Supervisors dated October 15 and 23 regarding: (a) Report and proposed study of the Master Plan of Air Transportation, Phase I, Pereira and Associ- ates, Orange County Airport Commission. (b) Proposed Study including airports and develop- ment necessary in the County airport system. (c) Proposed limit of departure of pure jet aircraft. (d) Authorization-of noise study at Orange County Air- port. (e) Request for Master Plan of air space utilization. (f) Consent to hypothecation of leasehold estate by deed of trust in connection with the City- County dock property. Agenda of meetings of the Board of Supervisors held October 29, 30 and November 5 and 6, 1968. Copy of a resolution of the Orange County Community Action Council, Inc. regarding the City of Santa Ana's adoption of an extensive Community Relations Program of particular significance to the disadvantaged resi- dents of that City. Mayor Marshall stated that the regularly scheduled Study Session for November 18, 1968 would not be held. Vice Mayor Parsons requested permission to be absent from the country for 10 days beginning November 23, which permission was granted. The meeting was adjourned at 9:50 P.M. 9.91a�. DV7lJl�/ Mayor Page 118 Motion Ayes Absent Motion Ayes Absent COUNCILMEN