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HomeMy WebLinkAbout03/10/1969 - Regular MeetingP R C Z V1 H. CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 188 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: March 10, 1969 Time of Meeting: 7:30 P.M. ? a o v A ndex Place of Meeting: Council Chambers Z _ x x Roll Call: Present x x x x The reading of the Minutes of the Regular Meeting of February 24, 1969 was waived and said Minutes were Motion x approved as written and ordered filed. Ayes x x x x HEARINGS: 1. Mayor Marshall opened the continued public hearing rkg regarding Ordinance No. 1292, being, Imt s :)m'1 AN ORDINANCE OF THE CITY OF NEWPORT ones BEACH ADDING SECTION 20. 08.191 TO CHAPTER 20.08 OF TITLE 20 OF THE NEW- PORT BEACH MUNICIPAL CODE RELATING TO OFF - STREET PARKING REQUIREMENTS FOR COMMERCIAL ZONED DISTRICTS, Planning Commission Amendment No. 246, was presented for second reading of amended ordinance. Lars Lavagnino and John Vogel spoke from the audience opposing adoption of the ordinance. Mayor Marshall closed the hearing with the unanimou consent of the Council. Ordinance No. 1292 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 2. Mayor Marshall opened the public hearing in con - :r Halen nection with Harbor Permit A -800 to determine whether any permit or rights C. J. Ver Halen may have to maintain the pier, ramp and float assembly at No. 21 Bay Island should be revoked. Harbor Coordinator George Dawes gave a staff report Joseph Horton, Vice President of the Bay Island Club, presented the Bay Island Club's position and re- quested revocation of the Permit. Peter C. Ver Halen, representing C. J. Ver Halen, requested permission to retain the privately owned pier. Mayor Marshall closed the hearing with the unanimou consent of the Council. A discussion was had regarding the merits of all the pier permits on Bay Island being issued in the name of the Bay Island Club. Page 188 x x Index As mt Dist 5 • • Buildi Excise • CITY OF NEWPORT BEACH Volume 22 - Page 189 w.t., ..,.1. In 1 OL.O COUNCILMEN Z J1 O 9 f� A m x X Mayor Marshall declared the hearing reopened. The hearing was continued to April 7 for the purpose Motion x of considering the revocation of all privately owned Ayes x x x x x x harbor permits on Bay Island and the ultimate trans- fer to the Bay Island Club; and the City Clerk was directed to notify all permittees of the hearing. 3. Mayor Marshall opened the public hearing in com- pliance with Resolution No. 6931, being a resolution 1 of the City Council of the City of Newport Beach declaring its intention to order certain additional work to be done in Assessment District No. 51 pursuant to the Improvement Act of 1911. The City Clerk stated that no written objections had been filed with her prior to the hearing. Mayor Marshall stated that this was the time and place for any person having any objection to the proposed changes to appear before the City Council and show cause why said changes should not be ordered. No one desired to be heard. Mayor Marshall closed the hearing with the unanimou consent of the Council. Resolution No. 6947, ordering certain additional work to be done in Assessment District 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 ORDINANCES FOR ADOPTION: 1. Amended Ordinance No. 1294, being, ng Tax AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 3. 12, ENTITLED "PROPERTY DEVELOPMENT TAX ", OF TITLE 3 OF THE NEWPORT BEACH MUNICIPAL COD TO PROVIDE FOR AN INCREASE IN THE RATE OF THE EXCISE TAX IMPOSED UNDER SAID CHAPTER, increasing the Building Excise Tax fees on resi- dential and on new commercial and industrial proper- ties, was presented for second reading. Page 189 x X Windex March 10 OrCo Airport Oper/ D•lop • Oil Sanctuary Legislation • CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 190 A S ? o Z f p a m 1969 Ordinance No. 1294 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 CONSENT CALENDAR: The following items were approved by one motion affirming Motion x the actions on the Consent Calendar: Roll Call: Ayes xxxxxxx 1. The following advisory communications were ordered filed: Excerpt from Minutes of the Board of Supervisors meeting of February 26 acknowledging receipt of New- port Beach Resolution No. 6941 requesting that the Orange County Board of Supervisors take a position opposing the use of the Orange County Airport as a satellite airport to provide commercial air service to the Pacific - Northwest, and setting a hearing before the Board on the use of the Orange County Airport as a satellite airport for March 11 at 10:30 A. M. Resolution of the City of Stanton urging the Board of Supervisors of Orange County to request the Southern California Association of Governments to include in its proposed study of the air traffic needs of the Southern California metropolitan area a study of the feasibility of an offshore airport; and also a resolution requesting the Southern California Association of Governments to include in its proposed study of the air traffic needs of the Southern California metropolitan area a study of the feasibility of an offshore airport. Resolution of the City of San Clemente expressing op- position to oil drilling offshore from the Orange County coast. Resolution of the City of Carlsbad requesting sus- pension of proposed offshore drilling. Resolution of the City of Carmel -By- The -Sea urging the Legislature to amend the Public Resources Code to prohibit exploration for oil or gas on State owned tide and submerged lands heretofore established as sanctu- aries. Resolution of the Corona del Mar Chamber of Com- merce opposing any offshore oil drilling operations along the Orange County coast. Page 190 CITY OF NEWPORT BEACH Volume 22 - Page 191 .Index March 10, 1969 COUNCILMEN Z v 7 in 2 u� f l G 1p Resolution of the Board of Supervisors of Orange County dated February 19 requesting the State Lands Commission to hold a public hearing to consider the revocation of all permits authorizing exploratory drilling along the California coast and requesting the Commission to order suspension of said permits pending a public hearing. Resolution of the Board of Supervisors of Orange County dated February 11 urging the Federal Govern- ment to recognize the established oil sanctuary off- shore from the Santa Ana River south and requesting the State of California to consider all possible steps to prevent oil pollution of beaches and harbors of Orange County through enforcement of the Shell- Cunningham Act. • Copy of a letter from the Resources Agency of Cali- fornia to the Huntington Beach City Council stating the State agencies are carefully reviewing California off - shore drilling regulations and practices. Copy of letter from the Balboa Peninsula Point Associ- ation to the State Lands Commission respectfully demanding that the Shell Oil Company offshore oil drilling permit be immediately withdrawn. Letter from the Women's Civic League of Newport Harbor commending the City Council for its stand against the exploration for and production of oil in the State and Federal tidelands and further stating that they request all necessary steps be taken by the City to uphold the Charter prohibitions regarding oil drilling within the City. • Letter from Alexander Pagenstecher requesting the Council to do everything it can to prevent any kind of drilling in the ocean. Letter from Eugene C. Greenwood addressed to Mayor Marshall enclosing a description of a new method of preventing pollution from offshore oil wells. Letter from Assemblyman Burke stating that he supports the action of the State Lands Commission revoking all existing oil exploration permits and that he will insist that hearings be held in the Orange Coast area; and also urging support in his efforts to mini- mize the danger and prevent reoccurances of raw sewage polluting Orange County beaches due to sewer line breakage. • Page 191 l G 1p Mexican Border LAF Co • CdM Frwy Npt Frwy Master Plan Arterial Hwys • Newport Marina CITY OF NEWPORT BEACH Volume 22 - Page 192 March 10, 1969 Resolution of the City of Long Beach expressing its disapproval of, and vigorous opposition to, minors being permitted to cross the Mexican border into Mexico, unless they are accompanied by a responsible adult. Letter from Senator Cranston stating that he is open - minded on the subject of closing the U.S. - Mexican border to unsupervised minors and urging each com- munity in California to marshall the full resources of parent, youth, church and community groups in a concerted drive to end the sale and use of narcotics. Resolution of the City of Yorba Linda requesting the Board of Supervisors to provide full time staff to serve under the direction of the Local Agency For- mation Commission. Resolution of the City of Costa Mesa urging early construction of two segments of the Corona del Mar Freeway. Excerpt from the Minutes of the Board of Supervisors meeting of February 18 acknowledging receipt of the City of Newport Beach resolution urging the California Highway Commission to. adopt a Superior Avenue alignment for the Route 55 (Newport) Freeway. Notice from the Orange County Planning Commission a public hearing to be held on March 12 at 10:00 A.M. on a proposed amendment to the Master Plan of Arterial Highways. Letter from the District Engineer of the Division of Highways stating that the study and report requested by Section 2156 of the Streets and Highways Code has been completed and enclosing a copy of the Second Quadrennial County Roads and City Streets Progress and Needs Report. Notices from the Local Agency Formation Commission of hearings to be held on March 12 in connection with the following proposed annexations to the Costa Mesa Sanitary District: Engineer's Nos. 112, 117, 118 and 119; and proposed annexation to City of Santa Ana designated Wakeham Avenue Annex located southerly of Fairview Road and northerly of Sunflower Avenue. Letters from Faith Vogel and the Southern California Yachting Association requesting that a feasibility study be made of the proposed West Newport marina and breakwater. Page 192 COUNCILMEN Index 41 41 • Beach Erosion League of Calif Citie s • CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 193 March 10, 1969 Letters opposing the proposed West Newport marina and breakwater from Mr, and Mrs. W. Gibson, Mrs. John Dobbins, Ralph W. Watson, Alton Culver and Mr. and Mrs. John Messmer. Letter from Mrs. Judy B. Rosener commending the Council for rejecting that part of the "Auld plan which would have turned part of the ocean front into a big marina. " Letters requesting Council to oppose The Irvine Com- pany development of Upper Newport Bay from Roman 1 Jones, P. E. Kimball, Mary and Alfred Gorman and Angelo and Marilyn Bassos. Copy of a letter from Mrs. Donna Stanley Gallant, member of the organizing committee of the Cliff Haven Property Owner Organization, forwarding progress information concerning property owner activities in Cliff Haven and enclosing a copy of questionnaire which was distributed to Cliff Haven property owners relative to forming a community association. Notice from Western Greyhound Lines of application to the Public Utilities Commission requesting approval of a proposal to increase its bus fares and package ex- press charges. Agenda of the Board of Supervisors meetings held February 25, 26, March 4 and 5. Letter from the Orange County League Special District Committee in connection with a preliminary draft of the Committee Study Report and a preliminary ques- tionnaire to be used in the special districts study. Excerpt from Minutes of the Board of Supervisors Meeting of February 11 stating that the request of the Director of Harbors and Beaches for approval of funding for present and 1969 -70 fiscal years in an amount not to exceed $3000 matching funds for beach replenishment around Balboa Island was referred to the Administrative Office. 2. The following communications were referred as in- dicated: Referred to Pending Legislation Committee, League of California Cities Legislative Bulletins dated Febru- ary 10 and February 17, and a Digest of 1969 Assembly Bills and Senate Bills affecting cities. Page 193 Index 0 Swimming Pools Library Facilities 19th St. High Tides • As mt Dist 52 Weed Abatement Spring 196< LJ CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 194 March 10, 1969 Referred to Pending Legislation Cc of the City of Los Alamitos endorsi pertaining to contracts for swimmi Referred to Pending Legislation Cc of the City of Costa Mesa relating 1 relative to interchangeable use of and also referred to the Board of I. an opinion to be forwarded to the P Committee. Referred to staff for reply, letter 1 Morris W. Cusick requesting a rev problem in the area of 19th Street 3. The following resolutions were ado reading of the resolutions was waiv consent of the Council: Resolution No. 6942 declaring Cou3 a public hearing for the purpose of the provisions of the "Special Asse Limitation and Majority Protest Ac should not apply to the proceedings of certain street improvements in . No. 52 pursuant to the Improvemer. setting a public hearing for April 2 from the Public Works Director wa Resolution No. 6943 declaring that public nuisances exist upon streets parkways, and private property wii declaring that said weeds and publi abated, setting the time and place f at which the City Council will consi persons objecting to the proposed d moval of such public nuisances by t directing the Fire Chief to give not of this resolution and of the public: public hearing for March 24, 1969. Resolution No. 6945 approving the munity television franchise from P Services, Inc. to Newport Beach C subsidiary of FCB Cablevision. (A City Manager was presented. ) Resolution No. 6946 requesting cer nancial assistance under the Feder (Public Law 81 -875) and authorizin, to execute the necessary applicatio: (A report from the City Manager w Page mmittee, resolution ng Senate Bill 285 ag pools. mmittee, resolution o Assembly Bill 236 ibrary facilities; ibrary Trustees for ending Legislation rom Mr. and Mrs. iew of the water tue to high tides. pted after the ed by unanimous icil intention to hold determining whether ssment Investigation t of 1931" should or for the construction kssessment District t Act of 1911; and 3, 1969. (A report s presented.) weeds and other alleys, sidewalks, hin the City, a nuisances must be or a public hearing der protests from estruction or re- he City, and ice of the passage searing; and setting transfer of a com- icific Cable ablevision, Inc., report from the tain federal fi- at Disaster Act the City Manager is and documents. ts presented.) 194 CITY OF NEWPORT BEACH Volume 22 - Page 195 Index March 10, 1969 • Beach 4. The City Manager was authorized to enter into an ad- Front ditional negotiated contractual agreement for removal Flood of debris from the ocean beaches. (A report from the Debris City Manager was presented.) Tract 5. The public improvements constructed in conjunction 6466 with Tract 6466 were accepted, and the City Clerk was authorized to release the Faithful Performance Bond and the Labor and Material Bond. (A report from the Public Works Director was presented.) Irvine/ 6. The work was accepted on the improvement of Irvine/ Tustin Tustin Avenues and 23rd Street (C- 1112), and the City Imprvmts Clerk was authorized to file a Notice of Completion and to release the bonds 35 days after the Notice of Com- pletion has been filed.'- (A report from the' - Public Works Director was presented.') • Water 7. The plans and specifications for the annual water main Main replacement program of 1'968-69, in the Corona del Replacemt Mar area (C -1208) were approved, and the City Clerk 1968 -69 was authorized to advertise for bids to be opened at 10:00 A. M, on April 8, 1969. (A report from the Public Works Director was presented.) Jamboree 8. The City Attorney was directed to prepare an agree - Rd Palis/ ment for engineering service with Voorheis-Trindle- MacArthur Nelson, Inc. for construction of Jamboree Road be- Extension tween Palisades Road and MacArthur Boulevard. (A report from the Public Works Director was presented.) Upper Bay 9. The construction of asphaltic concrete walks at the Bridge Upper Bay Bridge approaches was approved. (A report from the Public Works Director was presented.) • 10. The construction of City bulkhead at end of Short Street Short St. and tide gates on City drains in the West Newport Blkhd & channels was approved. (A report from the Public W. Npt Works Director was presented. ) Tide gates 11. The application of C. L. Kirchner to construct an Curb Cut approach for afour -car garage at 7310 West Ocean Front with access from Olive Street was approved. (A report from the Public Works Director was presented. ) Bus Lic 12. The following business licenses were approved: Exempt application of Mrs. Joanne Fraas, door to door soliciting for Field Enterprises. Exempt applications of Lela Leilar Wright, • Ann H. Morgan and Robert Perry, door to door Page 195 COUNCILMEN CITY OF NEWPORT BEACH Volume 22 - Page 196 Index March 10, 1969 • soliciting for Field Enterprises, subject to clearance by the Police Department. 13. The following Budget Amendments were approved: C -59, $140. 00 transfer of Budget Appropriations for City Clerk's attendance at pre- conference Parliament ry Law Course from Unappropriated Contingency Re- serve to City Clerk - Travel and Meetings, General Fund. C -60, $9, 328. 40 transfer of Budget Appropriations to provide for funds to cover beach debris removal per Contract C -1213 (not to exceed $8, 500) and additional funds ($828.42) to complete the project from Unappro- priated Contingency Reserve to General Services - Services- Professional, Tech. & Other, General Fund. (A memorandum from the City Manager was presented C -61, $11, 500.00 transfer of Budget Appropriations to provide for funds to construct walk across Upper Bay Bridge ($1, 500), bulkhead and tide gate at Short Street ($4, 500), and tide gates at end of Rivo Alto and end of Clubhouse Road ($5, 500) from Unappropriated Con- tingency Reserve to Walk Across Upper Bay Bridge, Bulkhead and Tide Gate at Short Street, Tide Gates at Rivo Alto and Clubhouse Road, General Fund. C -62, $3, 200 transfer of Budget Appropriations for a local opinion survey in conjunction with the Newport Tomorrow project by Opinion Research of California from Unappropriated Contingency Reserve to Non - departmental, Services - Professional, Technical, etc., General Fund. C -63, $80, 000 surplus transfer of Gas Tax Funds for expenditures of maintenance under Section 2107, Streets and Highways Code, to General Fund. C -64, $6, 000. 00 surplus transfer of Gas Tax Funds for engineering services under Section Z107. 5, Streets and Highways Code, to General Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: Harb 1. A letter from the Corona del Mar Chamber of Com- Dist merce requesting information on the Council's plan Diss for funding harbor operation costs in the event of dissolution of the Orange County Harbor District was referred to staff with the recommendation that the Motion City Manager instruct Harbor Coordinator George Ayes • Page 196 COUNCILMEN Index March 10, 1969 Harbor Dist Diss Mayor's Prayer Breakfast • Public Works Sta idar.d Specs CITY OF NEWPORT BEACH Volume 22 - Page 197 Dawes to arrange a meeting with the Board of Directors of the Corona del Mar Chamber of Commerce for the purpose of answering questions as submitted in subject letter. 2. A resolution of the City of Orange setting forth its position in opposition to dissolution of the Orange County Harbor District and listing as its reasons the need for assurance that tidelands remain open for public use by inland residents and that no high fees be attached to public use of the tidelands and the fact that such could not be assured if the Harbor District were to be dissolved and tidelands turned over to the local beach cities, was presented with an analysis from the City Manager of the City of Orange resolution. It was directed that the staff report regarding analysis of the City of Orange resolution on Harbor District dissolution be put in the form of a letter or document setting forth all the facts relating to the position taken by Newport Beach with respect to the City of Orange resolution and said letter or document be sent to the City of Orange and also to all members of the League of California Cities. 3. A letter from the Newport Harbor Junior Chamber of Commerce inviting the Mayor, Councilmen and City Manager to be their guests at the First Annual Mayor's Prayer Breakfast, sponsored by the Honorable Doreen Marshall and the Newport Harbor Jaycees, to be held Friday morning, March 14, 1969 at the Balboa Bay Club, was presented. William Hossfeld spoke from the audience and person- ally extended an invitation from the Newport Harbor Jaycees to Mayor Marshall, all members of the City Council and the City Manager to be their honored guests at the First Annual Mayor's Prayer Breakfast. The letter from the Newport Harbor Junior Chamber of Commerce was ordered filed with thanks. 4. Resolution No. 6944, adopting certain standard speci- fications and special provisions in conjunction there- with for use in construction of all public works projects within the jurisdiction of the City of Newport Beach, was adopted after the reading of the resolution was waived by unanimous consent of the Council. Page 197 COUNCILMEN Motion Ayes Motion Ayes Motion Roll Call: Ayes A PL xi xl x XIXXI Index March 10, 1969 • Tract 6152 Library, N. B. 0 Lifeguard Hdqtrs Lifeguard Hdqtr s i Bicycle Trails • CU] 1. 2. AD] 1. 2. 3. Ma• Ses The ATTE i CITY OF NEWPORT BEACH Volume 22 - Page 198 COUNCILMEN f N S c? C xi X1 X1 xl X1 tRENT BUSINESS: A memorandum from the Acting Planning Director regarding the findings of the Planning Commission in connection with the Final Map of Tract 6152, located south of San Joaquin Hills Road and east of Marguerite Motion x Avenue, was diaried to March 24. Ayes x x x x x x A memorandum was presented from the Board of Library Trustees regarding a joint powers agreement with the Santiago Library System in conjunction with the Orange County Cooperative System. The recommendation of the Board of Library Trustees for the Newport Beach Public Library to join the Santiago Library System was approved, and the City Librarian was authorized to make application to the Motion x State of California to join the Santiago Library System Ayes x x x x x x under the Public Library Services Act. )ITIONAL BUSINESS: Resolution No. 6948, authorizing the execution of a public works contract for the construction of a bulk- head at the City -owned lifeguard station at Newport Pier, without advertising for bids, 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 The following Budget Amendment was approved: Motion x Roll Call: C -65, being a transfer of Budget Appropriations excess Ayes x x x x x x funds appropriated for general insurance ($8, 882. 85) to Unappropriated Contingency Reserve, and to provide for emergency bulkheading at Marine Safety head- quarters, General Fund ($8, 500. 00) from Unappropri- ated Contingency Reserve, General Fund. The matter of amending the Master Plan bicycle trails was referred to the staff, Councilman McInnis and Councilman Rogers to work out a plan, with specifi- cations and locations which would be compatible with the interest of the residents in the area, to extend the existing sidewalk bicycle trail to the extreme easterly Motion x and westerly ends of the peninsula. Ayes x x x x x x ror Marshall stated that the regularly scheduled Study sion for March 17, 1969 would be held at 7:30 P.M. meeting was adjourned at 9:25 P.M. Motion x Ayes x xxx xx Mayor ST ' < City Clerk Page 198 xi X1 X1 xl X1