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HomeMy WebLinkAbout04/07/1969 - Adjourned Regular Meeting_Index Ver Halen Hearing • n ;econdhand )ealers/ 'unk )ealers CITY OF NEWPORT BEACH Volume 22 - Page 209 Minutes of ADJOURNED REGULAR MEETING OF THE CITY COU Date of Meeting: April 7, 1969 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers Roll Call: COUNCILMEN Present x x x x x Absent x', The reading of the Minutes of the Regular Meeting of I Motion March 24, 1969 was waived and said Minutes were approved Ayes as written and ordered filed. HEARINGS: 1. Mayor Marshall opened the continued public hearing in connection with C. J. VerHalen Harbor Permit No. A -800 and also the public hearing for the purpose of considering the revocation of all privately owned Harbor Permits on Bay Island, Harbor Permits Nos. A -331, A -370, A -374, A -557, A -800, A -899, A -1134, A -1212, A -1255 and A -1485, in order that the 'rights to maintain all piers, ramps and float assemblies on Bay Island might be issued in the name of the Bay Island Club. A report from the City Harbor Coordinator was presented. Joseph Horton, Vice President of the Bay Island Club, and Peter C. Ver Halen, representing C. J. Ver Hale spoke from the audience. Mayor Marshall closed the hearing with the unanimous consent of the Council. The right for the Bay Island Club to maintain all piers, ramps and float assemblies on Bay Island was ap- proved; and the rights to maintain Harbor Permits Nos. A -331, A -370, A -374, A -557, A -800, A -899, A -1134, A -1212, A -1255 and A -1485 on Bay Island were trans- ferred to the Bay Island Club. ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1295, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 5. 10 TO THE NEWPORT BEACH MUNICIPAL CODE RELATING TO PAWNBROKERS, SECONDHAND DEALERS AND JUNK DEALERS, was presented with a memorandum from the City Attorney. Page 209 Motion Ayes Absent X X X X1 Parking Meter Zones Gambling 0 CITY OF NEWPORT BEACH Volume 22 - Page 210 April 7, 1969 Ordinance No. 1295.was' introduced and passed to second reading on April 28, 1969. 2. Proposed Ordinance No. 1296, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12. 44. 020 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO PARKING METER ZONES, establishing on- street parking meter zones on 18th Street from Balboa Boulevard to Bay Avenue and on 19th Street from Bay Avenue to the Bay, was presented with a report from the Traffic Engineer. Ordinance No. 1296 was introduced and passed to second reading on April 28, 1969. 3. Proposed Ordinance No. 1297, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 10. 16 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO GAMBLING PROHIBITION, prohibiting all public gambling, was presented with a report from the City Attorney. Ordinance No. 1297 was introduced and passed to second reading on April 28, 1969. CONSENT CALENDAR: The following items were approved by one motion affirming the actions on the Consent Calendar: 1. The following advisory communications were ordered filed: Letter from the Balboa Island Improvement Associ- ation members and residents of Balboa Island ex- pressing appreciation of the spendid results of the recent clean -up campaign on the Island and comL mending members of the City staff for their fine efforts. Resolution of the Orange County Chamber of Com- merce requesting the California State Highway Com- mission to readopt a route for the Newport Freeway between Bay Street and Pacific Coast Highway along one of the four proposed alternate routes. Page 210 Motion Ayes Absent Motion Ayes Absent Motion Ayes Absent Motion Roll Ca. Ayes Absent COUNCILMEN .Index • • • CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 211 April 7, 1969 Letter from Royce Griffith stating he wishes to go on record as endorsing the general idea of the Auld plan. Letter from Gordon Warren stating he wishes to go on record as opposing the City's attempt to restrict further development of Orange County Airport. Postcards from nineteen persons stating that the court case testing the legality of the exchange of lands be- tween Orange County and The Irvine Company con- cerning Upper Newport Bay affects Newport Beach more than any other area and requesting Council representation in Court, and a letter from Roger and Joyce Reinke opposing the rapid consumption and pollution of irreplaceable natural resources like Upper Newport Bay and also urging that the road along the east shore be kept open and maintained. Notice of Local Agency Formation Commission hearings to be held April 9 on the proposed detach- ment from County Service Area No. 7 designated Deannexation No. 69 -1 and proposed annexations to Costa Mesa Sanitary District designated Engineer's Nos. 120 and 121. Minutes of the Metropolitan Transportation Engines Board's meeting held March 13 and listing all of its Vice Chairmen. Agenda of the Board of Supervisors meetings held March 25:-26, April 1 and 2, 1969. Copy of letter addressed to City Manager from Don Boronaeff, MAI -SRA, objecting to exclusive arrange- ment with Coldwell, Banker & Company for sale or lease of City -owned properties and offering his free services as consultant. Letter addressed to Mayor Marshall from Senator George Murphy regarding Mayor Marshall's inquiry as to the prospects for a competitive oil and gas lease sale of Outer Continental Shelf lands off Orange County and stating that the City of Newport Beach's position is made a part of the Interior Department's official file and will be given every consideration as the Depart- ment proceeds, and enclosing a copy of letter from Director Pecora of the U. S. Department of the Interior to Senator Murphy stating they are indeed aware of the desires of the citizens of California that the beaches not be damaged and that is also the Department of the Interior's objective. Page 211 Index April 7, 1969 • Beacon Ba Lease/ Balboa Yacht Basin Lse Asphalt Berms Bayside Dr Traffic Back Bay Drive • CITY OF NEWPORT BEACH Volume 22 - Page 212 Copy of letter to Chairman of State Lands Commission from Mayor of Coronado stating that Coronado shares in principle the position of the City of Newport Beach in the matter of offshore exploration and oil drilling and stating there are evidences of oil pollution on their 10 miles of beach and their concern is increasing as the implications of the problem become more apparent. Copy of letter from Secretary of Resources Agency of California to Mayor Marshall stating that the State is conducting a detailed review of offshore oil operation practices as is the Federal government. Letter from Eva Blenkiron complaining about special assessment for weed abatement on her lots in Corona del Mar and copy of Fire Chief Briscoe's reply. 2. The following communications were referred as in- dicated: Referred to staff for study and report, letter from the Beacon Bay Community Association formally requestii to open negotiations on lease revision and extension, and letter from Balboa Yacht Basin, Inc. expressing interest in extending their lease to a maximum of 50 years. Referred to staff for study, letter from Allan Beek stating four different designs of speed control bumps are currently being used in Beacon Bay and inviting staff to conduct field tests in Beacon Bay, and letter from Ray Candee opposing "speed bumps" and suggesting use of reserve police officers to enforce existing traffic laws. Referred to staff for study, letter from Paul Thorsen regarding speed, traffic and directional sign problems in the area on South Bayside Drive running east to Jamboree Road from Harbor Island Road south to Bay- side to one of the entrances to Beacon Bay and the one entrance to Harbor Island, and offering suggestions which might alleviate some or all of the problem. Referred to staff for reply, letter from Helen Caldwell requesting information regarding the date set for the repairing and opening of the road on the east side of the Upper Bay now closed to the public because of storm damage. Page 212 COUNCILMEN F C D Sc C T, KT n ,E C: Bi I t2 UA CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 213 Index April 7. 1969 — 1 Referred to Pending Legislation Committee for in- Roor formation: Dntrol ist Resolution of the Orange County Division of the League of California Cities supporting legislation for an increase in the twenty cent tax limit of the Orange County Flood Control District. Resolution of the City of Buena Park urging that the Orange County Flood Control District increase the Orange County Flood Control District tax by ten cents during the 1969 -70 fiscal year in order to provide funds to repair damage to the flood control system caused by the recent storms. Resolution of the City of Fountain Valley urging • the Board of Supervisors of Orange County and the Orange County Flood Control District to take im- mediate steps regarding construction of Flood Control projects. Referred to Pending Legislation Committee for study and appropriate action: Resolution of the City of Buena Park endorsing the .perior concept of a comprehensive study to determine the )urts need for branch Superior Courts in North Orange County. Letter from Assemblyman John Quimby stating 3pleaa that he has introduced legislation that will enable tertain- cities and counties to adopt ordinances that will lent regulate the apparel worn by employees of estab- gis lishments that serve food and beverage and en- closing copy of said bill, AB 524. Referred to staff for payment, statement in the amount tlif. of $219 for City's share in connection with the Bi- .centen- centennial luncheon held at the Balboa Bay Club for nial members of the Spanish ship "Juan Sebastian de - lebratn Encano, " and letter of thanks from the Newport Harbor Chamber of Commerce for City's cooperation in this very meaningful and important public relations gesture. 3. The following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: nd St. Resolution No. 6959 accepting a Grant Deed from Clara Aening W. Sprinkel in connection with 32nd Street widening. (A report from the Public Works Director was pre- sented.) • Page 213 CITY OF NEWPORT BEACH Volume 22 - Page 214 Index April 7, 1969 Resolution No. 6960 authorizing execution of a Joint Library NB Powers Agreement between the City of Newport Beach Library and the Orange County Cooperative Library System, in connection with joining the Santiago Library System. (A report from the City Attorney was pre- sented.) Claims for 4. The City Clerk's referral of the following claims to the Damages I insurance carrier was confirmed: Claim of Steve Gajeski for damages to his automobile Gajeski as a result of an accident. in Corona del Mar High School parking lot involving a City vehicle. Claim of Mrs. Leslie Griffith claiming alleged negli- Griffith gence of Police Officer in not reporting an automobile . accident in which she was involved. Claim of George Watson for water damage to his Watson property at 2620 -28 East Coast Highway, Corona del Mar, allegedly due to improper grading. Claim of Grace Nelson for damages allegedly sustained Nelson on a City sidewalk in front of 2211 Marine Avenue, Balboa Island. Claim of Fay Phillips for damage to her property at Phillips 4401 Channel Place on March 22, 1969, allegedly caused by a baseball from a neighboring City play- ground.. 5. Partial improvements in connection with Tentative Tract 6652 Tract 6652, consisting of a portion of 16 -inch diameter Zone III water main, were accepted. (Report from the • Public Works Director was presented. 6. The work was accepted on the Street Resurfacing and Street Re- Reconstruction, 1968 -69, Phase I, C -1186, and the surfacing/ City Clerk was authorized to file a Notice of Completior Recon and to release the bonds 35 days after the Notice of struction Completion has been filed. (A report from the Public 1968 -69 Works Director was presented. ) Phase I 7. The Council representative for the League of Californ Cities was directed to support the following proposed resolutions at the League meeting to be held April 10: Resolution of the Orange County League of Cities LAFCo urging legislation permitting the Local Agency Island Formation Commission to initiate unincorporated Annexn island annexations. CJ Page 214 COUNCILMEN L P D: J; IN P4 U n B B W Iii L I r� 'i CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 215 s�Ni°c,z ? O Z f p 1 Index April 7. 1969 Resolution of the Orange County League of Cities AFCo requesting that the Board of Supervisors provide arsonnel full -time staff for the Local Agency Formation Commission. (A statement from the Chairman of Local Agency Formation Commission was pre- sented.) 'Co Air- Resolution of the Orange County League of Cities rt Land endorsing the Committee report relative to Air - ;e Com- port Land Use Commission. fission 8. The Council representative for the League of California Cities was directed to support the following ordinance to be proposed to the Board of Supervisors at the League meeting to be held April 10: • An ordinance repealing Article I, Division I, Title 2 of the Codified Ordinances of the County of rCo Air- Orange and enacting a new Article I in lieu thereof, in Land relating to the Orange County Airport Commission. ae Com- (A copy of a letter was presented from the League ission Ad Hoc Airport Land Use Commission Committee to the President of the Orange County League of Cities enclosing a draft of a proposed ordinance terminating the existing Airport Commission and creating a new Commission membership, for adoption by the Orange County Board of Super- visors.) 9. The purchase of Lot 2, Block 132, Lake Tract from %lboa Newport- Balboa Savings and Loan was authorized for Md. the appraised fair market value of $20,000, in con - idening nection with the future widening of Balboa Boulevard. (A report from the Public Works Director was pre- 10 sented.) 10. The business license applications of Kenneth Hortness isiness and Chester Bagstad for door to door soliciting for Lcense Newport Beach Cablevision, Inc, were approved, sub- ject to conditions to be established by the City Manager fidget 11. The following Budget Amendment was approved: mend - ents C -73, $20,600 increase in Budget Appropriations and decrease in Unappropriated Surplus for purchase of Lot 2, Block 132, Lake Tract, at corner of Balboa Boulevard and 33rd Street, appraisal fee and closing costs, from State Gas Tax Fund to Budget Appropri- ations, Widening of Balboa Boulevard. nancing 12. A policy statement for Financing Capital Improvements p Impr on Undeveloped Land was adopted. Undev �i Page 215 CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 216 i O 9 fpi. 51 Index April 7, 1969 Z x ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Robert Allen spoke from the audience and thanked the Tewport Council and staff for the commencement of the re- sland construction of the Newport Island bridge. John fridge Johnson spoke from the audience and stated that the Newport Island Association had extra moorings they would offer to residents near the bridge during the construction period. The plans and specifications for the Newport Island Bridge Reconstruction, C -1175, were approved, and the City Clerk was authorized to advertise for bids to Motion x be opened at 10:00 A.M. on April 22, 1969• (A report Ayes x x x x: from the Public Works Director was presented.) Absent • 2. A resolution establishing off - street parking meter zones and regulations for the operation of parking larking meters and repealing Resolution No. 6654 and all 4eter amendments thereto, establishing off - street parking ones meter zone on Balboa Boulevard between 10th and 15th Streets, was diaried to April 28, 1969, and the Traffic Motion Engineer was directed to notify the Central Newport Ayes x x x x Association of the proposed resolution. Absent 3. A report from the Public Works Director regarding a ;ntr.'s temporary contractor's storage yard was presented. torage and The staff was directed to give number one priority to the site at the northwest corner of 5th and Dahlia Avenue for atemporary contractor's storage yard and to work out arrangements with The Irvine Company as promptly as possible; and pending such arrangements, the staff was directed to permit the water line con- Motion x tractor to occupy the site at Bayside Drive and Jasmine Ayes x x x x Avenue for the duration of his contract. Absent CONTINUED BUSINESS: 1. A memorandum from the City Manager relative to ity prop realty services in connection with the sale and leasing 'an?_gemt of City -owned property was presented with a letter from the Newport Harbor -Costa Mesa Board of Realtors suggesting that the City solicit for consultatio and marketing proposals, that all properties should be submitted on an open -bid basis and offering to appoint a committee to assist the City in evaluating and /or analyzing proposals submitted. The staff was instructed to give high priority to the sale or leasing of four City -owned property parcels Page 216 x CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 217 Index April 7, 1969 x consisting of the Brookhurst and Adams parcel, the Bushard and Hamilton parcel, the abandoned City, dump site and the former 'sewage treatment plant site; and the offer of the Newport Harbor -Costa Mesa Board of Realtors to appoint an advisory committee to assist the staff in evaluating and analyzing proposals was acs ':,Motion x cepted and the City Manager was directed to call on Ayes x x x x I said committee at his discretion. Absent 2. A memorandum from the City Manager regarding real teal Estate estate consulting services relating to Balboa Bay Club consultant and Beacon Bay properties was presented with a letter from Development Research Associates outlining scope of services to be performed. The City Manager was authorized to execute a Letter Motion x Agreement with Development Research Associates for Ayes x x x x 3 real property consulting services related to the Balboa Absent Bay Club and Beacon Bay properties, such services to be provided at a maximum fee of $3, 500 for the Balboa Bay Club property and $5, 000 for the Beacon Bay gro- pe rty. CURRENT BUSINESS: 1. A memorandum was presented from the Public Works 911 Act Director regarding construction of public improve- ments by using Chapter 27 of the 1911 Act. The staff was directed to notify abutting property Motion x owners to construct the following: Ayes x x x x .)l (a) Sidewalk on 32nd Street opposite City Hall; Absent (b) Curbs, gutters, sidewalk and pavement on Villa Way northerly of 29th Street; and (c) Missing portions of curb, gutter and sidewalk on both sides of Balboa Boulevard between 28th Street and 31st Street. 2. A memorandum was presented from the Planning . ract 6885 Director regarding the findings of the Planning Com- mission in connection with Tentative Map for Tract 6885 (Northbluff), 21. 6 acres in 151 lots and one green area lot of a Planned Residential Development, located northeasterly of Vista del Oro and westerly of East - bluff Drive. Planning Director Larry Wilson reported on the findings of the Planning Commission. The Tentative Map for Tract 6885 was adopted, subject Motion x to the conditions recommended by the Planning Com- Ayes x x x x x mission. Absent Page 217 x Index NB City Arts Cmte West Newport Pao Beach h:rosion H -6961 r • CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 218 April 7, 1969 3. The recommendations of th, Committee were approved; Resolution 6900, Mrs. Rive Yeo were appointed as the t the Newport Beach City Art expiring June 30, 1973; Mr reappointed for a term endi Herbert Brownell was reap; June 30, 1972; the expiratic Mrs.: Barbara Stabler to Ju Penny McManigal to June 3 Virginia Whitehouse to June 4. A memorandum was presen Beaches and Recreation Co: posed public park in the We north of Pacific Coast High, Shores and the Robert Arm The City Attorney was auth search on subject property. 5. A memorandum was presen regarding Stage 3 construct Erosion Control Project in Resolution No. 6961, autho agreement for contribution Orange, was adopted after lution was waived by unanin The following rights of way granted to the Federal GovE (a) Rights of way, constru entry permits for consi groins on the ocean fro 36th, 48th, 52nd and 5E (b) Fill easement and righ ment of fill on the beac Streets. (c) Right -of -entry permit the beach between the Lugonia Street, and ea (d) Construction area ease 60, 000 square feet on t Ana River jetties. x x Council Appointments and in compliance with Motion x lla Malinoff and Mr. Ron Ayes x x wo additional members of Absent s Committee with terms s. Dorothy M. Berry was ng June 30, 1970; Mr. J. Jointed for a term ending n dates were. changed for: ne 30, 1971, for Mrs. ), 1970 and for Mrs. 30, 1971. ted from the Parks, nmission regarding a pro - st Newport area, located Nay bounded by Newport strong Company oil lease. )rized to obtain a title Motion x Ayes xxx Absent ted from the City Manager ion of Federal Beach West Newport. rizing the execution of an Motion x of costs with the County of Roll Call: :he reading of the reso- Ayes x x x sous consent of the Council. Absent and easements were Motion x rnment: Ayes x x x Absent :tion permits, and right -of- ruction of rubble mound nt at the prolongation of th Streets. -of -entry permit for place- 1i between 31st and 57th 'or borrow sources along anta Ana River jetties and sterly of 12th Street. ment of approximately he beach near the Santa Page 218 x x Index - Linda Isle Piers Newport Freeway • R -6962 Flood Control Dist R -6963 CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 219 April 7, 1969 HARBOR PERMIT APPLICATIONS: 1. A memorandum was presented from the City Harbor Coordinator regarding application of The Irvine Compa ny to revise agreement for jointly owned piers on Linda Isle. The agreement revision as submitted by The Irvine Company was approved. ADDITIONAL BUSINESS: 1. Resolution No. 6962, expressing appreciation to the City Council of the City of Costa Mesa for its action recommending the adoption of a Superior Avenue route of realignment for the Route 55 (Newport) Freeway and assuring it of support for the Red Line Route, was adopted after the reading of the resolution was waived by unanimous consent of the Council. 2. Resolution No.. 6963, supporting legislation for an in- crease in the existing tax limit of the Orange County Flood Control District, was adopted after the reading of the resolution was waived by unanimous consent of the Council. Mayor Marshall stated that the regularly scheduled Study Session for April 21 would not be held. The meeting was adjourned at 9:05 P.M. A'PPEST: �.mr CGdLGayi city Cie ry Mayor Page 219 Motion Ayes Absent Motion Roll Call: Ayes Absent Motion Roll Call: Ayes Absent Motion Ayes Absent x x x