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HomeMy WebLinkAbout10/07/1968 - Adjourned Regular MeetingDl 1r CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 82 Minutes of ADJOURNED REGULAR MEETING OF THE CITY COUNCI Date of Meeting: October 7, 1968 s = y p A Time of Meeting: 7:30 P.M. z z f+ o v m m o� z-�m dex Place of Meeting: Council Chambers ^ z ^ ^ s p Roll Call: Present x x x x x x x The reading of the Minutes of the Regular Meeting of September 23, 1968 was waived, and said Minutes were Motion x approved as written and ordered filed. Ayes x x x x x x x Jerome F. Collins, Newport Beach City Editor of Daily Pilot, presented a gold leaf proclamation to Mayor Doreen Marshall in connection with National Newspaper Week awarding her permanent honorary membership in their Fourth Estate and designating her an Honorary Newswoman. HEARINGS: } d • 1. Mayor Marshall opened the public hearing regarding the appeal of Finn O. Olsen from the decision of the sen Planning Commission denying Use Permit No. 1394 peal requesting to have on -sale alcoholic beverages within 200 feet of a residential area at 810 East Balboa Boulevard. The findings of the Planning Commission were pre- sented with a letter from the Balboa Peninsula Point Association opposing the permit. Planning Director Ernest Mayer, Jr. reported on the findings of the Planning Commission and read a letter from Phil Lansdale opposing the permit. Thomas Henderson, Jr., attorney representing Finn O. Olsen, spoke from the audience. • Donald Elder, president of the Balboa Peninsula Point Association, spoke from the audience in opposition to the Use Permit and respectfully requested Council to uphold the decision of the Planning Commission. Finn O. Olsen spoke from the audience. Mayor Marshall closed the hearing with the unanimous consent of the Council. The findings of the Planning Commission were sus- Motion x tained, and Use Permit No. 1394 was denied. Ayes x x x x xl Page 82 'e -+C )e . � CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 83 ,40dex October 7. 1968 w ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1283, being, AN ORDINANCE OF THE CITY OF NEWPORT t Zoos BEACH ADDING SECTION 5. 08. 052 TO CHAPTER 5. 08 OF TITLE 5 OF THE NEWPORT BEACH MUNICIPAL CODE SETTING LICENSE FEE FOR PET Z OOS, was presented with a memorandum from the City Attorney. Ordinance No. 1283 was introduced and passed to Motion second reading on October 28, 1968. Ayes x x x x x x • ORDINANCES FOR ADOPTION: 1. Ordinance No. 1282, being, m'1 Zom eet AN ORDINANCE OF THE CITY OF NEWPORT prvmts/ BEACH ADDING CHAPTER 13.05 TO TITLE 13 3ications OF THE NEWPORT BEACH MUNICIPAL CODE ENTITLED "STREET IMPROVEMENTS AND DEDICATIONS, " requiring improvement and dedication of one -half of street adjacent to building site in connection with construction of a building or 2510 enlargement of a building in any commercial zone which abuts a street, was presented for second reading. Ordinance No. 1282 was adopted after the reading of Motion xi the ordinance was waived by unanimous consent of the Roll Call: • Council. Ayes x x x x x RESOLUTIONS FOR ADOPTION: 1. A memorandum was presented from the Public Works wporter Director regarding Newporter Inn development, Jam- boree Road at Back Bay Drive - Use Permit 1355. Resolution No. 6876, authorizing execution of an agree- ment with Newporter Hotel Corporation, developer, for the construction of improvements in accordance with Use Permit No. 1355, 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 x • Page 83 Ai K X! X x dex Assessr. Dist 51 • • rvine A, Vacation • CITY OF NEWPORT BEACH Volume 22 - Page 84 October 7, 1968 COUNCILMEN A 2 z •1 0�7 T A � Nz,nr�nxP 2. A memorandum was presented from the Public Works rnt Director regarding proposed West Newport Special Assessment District (Assessment District No. 51). Resolution No. 6877, approving Plans, Specifications, Cost Estimate and Map of Assessment District for proposed Assessment District No. 51, was adopted Motion x after the reading of the resolution was waived by Roll Call: unanimous consent of the Council. Ayes x x x x x x x The following resolutions were adopted after the Motion x reading of the resolutions was waived by the unanimous Roll Call: consent of the Council: Ayes x x x x x x x Resolution No. 6878 determining necessary pro- ceedings for public hearing and notice thereof concerning a special assessment proceeding for the acquisition and /or improvement of property without compliance with The Special Assessment Investigation, Limitation and Majority Protest Act of 1931. Resolution No. 6879 declaring intention to order the construction of certain street improvements in Assessment District No. 51 in the City of Newport Beach; declaring the work and improve- ment to be of more than local or ordinary public benefit, and describing the District to be bene- fited by said work and improvement which shall be assessed to pay the costs and expenses thereof; and fixing the time and place for the hearing of objections to said work and improvement, and fixing 7:30 P.M. on October 28, 1968 as the time and place for the hearing of objections. The City's contribution of the estimated amount of $3, 235 to the District was approved, as credit for Motion x streets and alleys that were once improved at property Ayes x x x x x x x owners expense but which now need reconstruction to higher standards. 3. A memorandum was presented from the Public Works ve Director regarding vacation of a portion of Irvine Avenue southerly of 23rd 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 x Resolution No. 6880 adopting a map showing a portion of a certain street known as Irvine Avenue which is proposed to be vacated, closed up and abandoned. Page 84 1dex W Beach Erosion Proposit 7 • Harbor Permits Adm. City Dump Balboa Coves Land- scaping • CITY OF NEWPORT BEACH Volume 22 —Page 85 7 10AR COUNCILMEN s = N Y f N 5 c= G N Z N( N Z P Resolution No. 6881 declaring intention to order the closing up, vacation-and abandonment of a portion of a certain street known as Irvine Avenue. 4. Resolution No. .6882, finding and determining that the local emergency caused by beach erosion in the western part of the City has been terminated, 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 5. Resolution No. 6883, endorsing. Proposition 7 which 102 authorizes the State Legislature to provide that money allocated from the State General Fund to any county or city may be used for local purposes, was adopted Motion x after the reading of the resolution was waived by Roll Call: unanimous consent of the Council. Ayes x x x x x x x CURRENT BUSINESS: 1. A memorandum was presented from the City Manager regarding revision to administrative procedures relative to Harbor Permits. The acquisition of office equipment as recommended by Motion x the City Manager was approved. Ayes x x x x x x x 2. A memorandum was presented from the City Manager regarding purchase of additional copies of the refuse facility report. The purchase of 50 additional copies of the report entitled "Development Potential - Newport Beach Borrow Pit and Refuse Area" recently prepared by Wilsey & Ham at a cost not to exceed $450, was Motion x approved. Ayes x x x x x x x 3. A memorandum was presented from the City Manager regarding request of Balboa Coves Community Associ- ation for the City to assume maintenance of the arterial parkway landscaping adjacent to Balboa Coves along the southerly boundary of the Pacific Coast Highway. The City Manager's recommendations for acceptance i of maintenance responsibility of the Balboa Coves Motion x arterial parkway landscaping were approved. Ayes x x x x x x x Page 85 T C P M L S C G u CITY OF NEWPORT BEACH Volume 22 - Page 86 ndex October 7, 1968 COUNCILMEN s P Z Z i o Y Z O Z f ,n Z ,n f A ibrary Mariners Library patio. The City Manager was authorized to obtain a proposal and to retain William E. Blurock & Associates for Motion a architectural services for the project. Ayes x x x x x x 6. A memorandum was presented from the City Manager Sc regarding increase in the biweekly pay for school rossing crossing guards. ards The Alphabetical List of Temporary and Seasonal • Classes and Assignment to Salary Ranges was amended to increase the biweekly rate for School Crossing Motion x Guard from $62. 00 to $88. 50. Ayes x x x x x x x APPLICATIONS - BUSINESS LICENSES: 1. The following business license application was ap- Motion x proved: Ayes x x x x x x x Application of Alfred Geyman, one of the owners of Ship Shape, rear of 2633 West Coast Highway, for floating dry dock - boat repair. Page 86 4. A memorandum was presented from the City Manager r 6565 r regarding the proposed development of a community on-imunity p park in the Upper Harbor View Hills planned com- ark m munity, Tract 6565. A letter from Donald L. Bren Company regarding its park development proposal was presented with letters from The Irvine Company offering to dedicate the park acreage at no cost or expense to the City. The City Attorney was directed to prepare the neces- sary documents for acceptance of the 5. 73 acre park site and an agreement for reimbursement for the im- provements to be constructed by the Bren Company; and the proposal of the Bren Company to develop the future school portion of the park site, consisting of •approximately 1 1. 6 acres, was accepted with the M Motion x x understanding that the City will not be obligated to re- A Ayes x x x x x x x x x x x x x imburse the developer for the cost of development unless the City acquires fee title. 5. A memorandum was presented from the Public Works ariners D Director regarding construction of covering over the Index NB City . Cmte r- -I LJ Sand Castl Bldg Conte Fire Static Muni( • Clain Dams Martk, i CITY OF NEWPORT BEACH Volume 22 - Page 87 October 7. 1968 COUNCILMEN 3 S U Y P Z a Z w r U 5 P COMMUNICATIONS - REFERRAL: 1. A letter from Tony De Lap submitting his resignation as a member of the Newport Beach City Arts Com- �rts mittee because of his teaching responsibilities and studio work, was presented. Mr. De Lap's resignation was accepted with regret and it was directed that a Certificate of Appreciation be Motion x sent to him. Ayes x x x x x x x Mayor Marshall stated that a letter had been received from the Chairman of the Newport Beach City Arts Committee suggesting a replacement, which letter was referred to the Committee for Appointment of Com- Motion x missioners. Ayes x x x x x x x 2. A letter from the Newport Harbor Chamber of Com- merce requesting the use of a portion of the Big as Corona del Mar State and City Beach Park bens -spa tween the hours of 12:00 noon and 3:00 P. M. on st October 13, 1968 for its annual Sand Castle Building Contest, was presented. The request was granted. Motion x Ayes xxxxxxx 3. Letters from the cities of Anaheim and Brea enclosing copies of their resolutions expressing opposition to ns, the proposal that the County of Orange build and equip :ipal fire stations for any Orange County municipality, or establish special fire districts, from the County of Orange General Fund, was presented. Vice Mayor Parsons made a motion to refer the matter to staff for study, which motion was withdrawn. Assistant City Manager Jim DeChaine presented a staff report. The City Attorney was directed to draft a resolution Motion . x similar to the City of Anaheim resolution opposing the Ayes x x x x x x x County of Orange's proposal relative to municipal fire stations. 4. The City Clerk's referral of the following Claims for Motion x is for Damages to the insurance carrier was confirmed: Ayes x x x x x x x ges (a) Claim of June M. Marthens for damage to her car ens on September 17 allegedly resulting from an inci- dent involving a police car. Page 87 Ad dex loo Dri In Cassel Harbor Permit Proposi 5 • CATV Newporl Island Bridge • «structi -1 Recri -tion Ac ,vities Policy • CITY OF NEWPORT BEACH Volume 22 - Page 88 October 7, 1968 COUNCILMEN s �D � P S \N\,7 O Z f p p'' m Z N f u� 5 A ve (b) Claim of Richard Magnuson for The Zoo Drive -In, 2344 E. Coast Highway, for damage allegedly caused when the hydraulic lift unit on a City trash truck burst and spilled hydraulic fluid over the building and floor -area. 5. A letter from Mr. and Mrs. G. D. Dunscomb re- garding the Cassel Harbor Permit application was Motion x referred to the Harbor Coordinator for reply. Ayes x x x x x x 3 6. A letter from the Californians for Modern Hospitals tiol requesting support of Proposition 5 on the November ballot, regarding the State Legislature's authority to insure or guaranty loans for construction of non - profit hospital facilities in California, was referred to the Legislative Committee for study and appropriate Motion x action. Ayes x x x x x x x 7. A letter from Mrs. Marjorie Holmer complaining about cable TV now being installed in the City was referred Motion x to staff for reply. Ayes x x x x x x x 8. A letter from Newport Island Association, Inc. with recommendations regarding the Newport Island Bridge and the stone entrance was presented. The following people from the audience participated in a discussion of the realignment and design of the bridge and opposed the proposed design: John Fitz- gerald; Leonard Hall; William Abshear, president of Newport Island Association, Inc.; Robert Allen. It was agreed that a meeting would be held with the members of the Newport Island Association, the Public Works Director and Councilman McInnis for a clearer understanding of the problems involved. RECESS for five minutes was declared by Mayor Marshall. The Council reconvened with all members present. ADDITIONAL BUSINESS: 1. A memorandum was presented from the City Manager on regarding rescinding of the Council Instructional, - Recreation Activities Policy. The City Manager's recommendations were approved and the City Council Instructional Recreation Activi- Page 88 Index Newport Freeway Prop ositio I Prop Tax Reduction CITY OF NEWPORT BEACH Volume 22 - Page 89 October 7, 1968 ties Policy was rescinded, and it was directed that the Motion accumulated Sailboat Acquisition Reserve Funds be Ayes returned to Park and Recreation Fund Balance, effective June 30, 1968. COUNCILMEN = N Y z a o y m n N Z N( N T x x x x xx 2. Resolution No. 6884, requesting that the California Highway Commission reopen the hearing on the adoption of the Route 55 (Newport) Freeway from Bay Street to the Route 1 Freeway, and further requesting that the Commission adopt a new alignment of said portion of the Route 55 (Newport) Freeway along Superior Avenue, as amended, was adopted after the Motion reading of the resolution was waived by unanimous Roll Call: consent of the Council. Ayes The report from the Council Freeway Committee was Motion received and its recommendations were approved. Ayes 3. Resolution No. 6885, supporting Proposition lA which provides tax relief to home owners and renters, was Motion adopted after the reading of the resolution was waived Roll Call: by unanimous consent of the Council. Ayes M. BUDGET AMENDMENTS: 1. The following Budget Amendments were approved C -17, $2, 485 transfer of Budget Appropriations for revision of the Harbor Permit administrative procedur from Unappropriated Contingency Reserve to Budget Appropriations - Services - Professional, Technical, etc. ; Office Supplies; Equipment N. O. C., General Fund. C -18, $450 transfer of Budget Appropriations for 50 • copies of Wilsey & Ham Development Potential - Newport Beach Borrow Pit and Refuse Area report from Unappropriated Contingency Reserve to Budget Appropriations - Non - departmental; Services -Pro- fessional, Technical, Etc., General Fund. C -19, $1400 transf er of Budget Appropriations for increase in School Crossing Guards (3) salaries from $62. 00 to $88. 50 biweekly from Unappropriated Con- tingency Reserve to Budget Appropriations - Police, Seasonal & Part -Time, General Fund. C -20, $1768. 82 transfer from Unappropriated Con- tingency Reserve for striping MacArthur Boulevard at San Joaquin Hills Road to General Services -Field Maintenance, Services - Professional, Technical, Etc. , and reimbursement to Unappropriated Contingency Page 89 xx xx X x x x x X X Motion x Roll Call: Ayes xxx x 1dex W Civic Center • C� J October 7, 1968 Resery Irvine 4 Genera Me ga: Sai C OMMUNIC 1. The fol Letter School the Cit election Civic C Letter pressir of the to him in conn Letter expres porting Junior most it cities i the bon two -thi Letter' pressir and pai to the 7 his sta. Copy o: from L the Cot Depart. some 1 Letter for rej Postca case to tween Upper more t repres CITY OF NEWPORT BEACH Volume 22 - Page 90 COUNCILMEN N � S i O °zf e for increase in revenue of $1706. 56 from The company for installation of street name signs, 1 Fund. morandum from the Public Works Director re- eding striping costs in MacArthur Boulevard at i Joaquin Hills Road. ATIONS - ADVISORY: lowing communications were ordered filed: Motion Ayes xxx xxx of appreciation from the Newport -Mesa Unified District for Mayor Marshall's letter expressing V of Newport Beach's interest in a school bond i being held before the City's consideration of a ;enter bond election. from Assemblyman Robert E. Badham ex- Lg thanks to Mayor Marshall and the members ,ouncil for the resolution which was presented at the Orange County Coast Association meeting ection with Marine Refuges. from the Orange Coast Junior College District sing appreciation for Council's action in sup - the bond election and tax conversion for the College District and stating that the support was istrumental in influencing positive support from n the area as the City of Newport Beach voted d issue by a margin considerably beyond the rds required for passage. from the Balboa Improvement Association ex- ig gratitude and appreciation for the restrooms -king lot in downtown Balboa and special thanks ?arks, Beaches and Recreation Director and Ef for the quality of the planting in the area. E an open letter addressed to Mr. Allan Beek . A. Darnall regarding Mr. Beek's letter to incil in connection with EPS and the City Police ment, and stating he hopes his letter will "shed ight of trust on our excellent police force. " from George L. Perlin commending the Council acting the anti- hitchhiking ordinance. rds from four persons stating that the court sting the legality of the exchange of lands be- )range County and Irvine Company concerning [Newport Harbor Bay affects Newport Beach han any other area and requesting Council entation in court. Page 90 CITY OF NEWPORT BEACH Volume 22 - Page 91 ,,&dex October 7, 1968 qW - - - Or Co 2. Letters from the cities of Buena Park, Cypress, Land Stanton and Westminster acknowledging receipt of Use Newport Beach's resolution requesting Board of Super - Com- visors of Orange County to appoint a Land Use Com- mission mission, and indicating their respective actions, were referred to the Legislative Committee. 3. The following communications were ordered filed: Or Co Excerpts from the Minutes of the San Clemente City Airport Council regarding receipt of Newport Beach's reso- Develop- lution urging the Board of Supervisors to act favorably ment on certain recommendations contained in the Phase I, Master Plan of Air Transportation for Orange County. Skybus, Notice from the Public Utilities Commission of the In* Skybus, Inc. hearing being reset to November 12, 1968 Invitation to the Council from the Lutheran Church of the Master to attend its 10th Anniversary Sunday, October 13, Worship Services at 10:30 A. M. and Open House from 2:30 to 5:30 P.M. Notice regarding the 7th Orange County Annual Eco- nomic Development Conference to be held November 7 at the Anaheim Convention Center. Agenda of the Orange County Board of Supervisors meetings held September 24, 25, October 1 and Z. The Mayor stated that the regularly scheduled Study ,ewport Session of October 21 would not be held; however the New- , omor row port Tomorrow official kickoff orientation meeting would 0 be held at 8:00 P.M., October 21 in the Council Chambers. The meeting was adjourned at 10:20 P.M. Mayor ulty (-lerx - V • Page 91 Motion Ayes Motion Ayes Motion Ayes COUNCILMEN s Y