HomeMy WebLinkAbout08/11/1969 - Regular MeetingCOUNCILMEN CITY OF NEWPORT BEACH
\ \ \ \ \ \\ REGULAR COUNCIL MEETING
g Place: Council Chambers
Time: 7:30 P.M.
MINUTES
ROLL CALL \�D
\oZ9
<<��yi9 Date: August 11, 1969 INDEX
Present
x
x
x
x
x
x
x
Roll Call.
.
The reading of the Minutes of the Regular Meeting of
Motion
x
July 28, 1969 was waived and said Minutes were approved
Ayes
x
x
x
x
x
x
x
as written and ordered filed.
PUBLIC HEARINGS:
1. Deputy City Clerk Doris George announced that the
Bayside D;
public hearing in connection with Bayside Drive
Vacation
vacation had been rescheduled for August 25, 1969 due
to legal publication requirements.
CONSENT CALENDAR:
• Motion
x
The following items were approved by one motion affirm -
Ayes
x
x
x
x
x
x
x
ing the actions on the Consent Calendar:
1. The following advisory communications were ordered
filed:
Letter from City Librarian Dorothea Sheely stating
Library
that the following were unanimously elected as officers
Board of
of the Newport Beach Board of Library Trustees for
Trustees
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the 1969 -70 fiscal year: Mrs. Hancock Banning,
Chairman and Mr. Charles Sword, Secretary.
Memorandum from Planning Director stating that the
Planning
following were elected as officers of the Newport
Cmsn
Beach Planning Commission for the 1969 -70 fiscal
year: John J. Jakosky, Jr., Chairman; John S.
Watson, 1st Vice Chairman; Curt Dosh, 2nd Vice
Chairman; Don R. Adkinson, Secretary.
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Copy of letter addressed to Police Chief Glavas from
the Orange County Health Department regarding jail
standards evaluation stating that the overall sanitation
and maintenance is very satisfactory.
Minutes of the Orange County Mosquito Abatement
Mosquito
District meeting held July 17, 1969 noting that
Abatement
Governor Reagan has authorized use of State emer-
District
gency funds up to $500, 000 for the remainder of 1969
Or Co
to back up accelerated anti - mosquito activities of
local abatement agencies and particularly in con-
nection with an encephalitis prevention program.
Letter from';Alan L. Blum regarding traffic generated
by freeways.
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Volume 23 - Page 25
ROLL CAI
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COUNCILMEN
CITY OF NEWPORT BEACH
MINUTES
INDEX
Robinson stating
Upper Bay
the decision of the
Swimming
August 11, 1969
Beach
:rvisors to use
ay North Star beach,
tial to keep this
tfor public access
Letter from Mr. and Mrs. Frank
L area for legalized
pervisors and other
Upper Npt
s from the County
Bay Land
property in the
Exchange
they were extremely pleased with
City Council and the PB &R Comm
permission from the Board of Sup
County water front at the Upper B
they are convinced that it is esser
particular beach in the public true
to the water and it would be a goo4
fireworks.
Copy of a letter to the Board of Sc
affected governmental jurisdictior
Counsel regarding assessment of
vicinity of Upper Newport Bay.
Letter from Lyn Davis stating shi
such efficiency as was shown by o
a recent swimming incident at the
the Council for such an effective z
department, and acknowledgment
Safety Director Robert Reed.
Letter from State Division of Higl
Council that the State has acquire
Kings Road on a hardship right -oi
basis prior to freeway agreement
Agenda of the Board of Supervisor
August 5 and 6, including items t(
Jamboree Road at MacArthur Bou
lution from the City of Newport B
protection of beaches and shorelir
Resolution of the Orange County I
mation Commission determining t
boundary between the cities of Ne
Costa Mesa shall be Tustin Avenu
point northerly of 20th Street and
to Palisades Road; provided, how
northwesterly of Tustin Avenue an
Palisades Road now designated as
south of the Orange County Airpoj
cluded from future annexations to
Resolution of the Local Agency Fc
approving annexation to the City c
nated Back Bay No. 1 Annexation,
Volume 23 - Pag(
MINUTES
INDEX
Robinson stating
Upper Bay
the decision of the
Swimming
fission to request
Beach
:rvisors to use
ay North Star beach,
tial to keep this
tfor public access
L area for legalized
pervisors and other
Upper Npt
s from the County
Bay Land
property in the
Exchange
a has never seen
ur lifeguards during
beach and thanking
nd necessary
reply from Marine
ways informing
i property at 1401
-way protection
s' meetings held
request stopping of
levard and a reso-
.ach relating to
e.
ocal Agency For -
hat the common
Nport Beach and
e beginning at a
extending northerly
:ver, that area
A southerly of
the "Clear Zone ",
t, shall be ex-
either city.
rmation Commission
f Costa Mesa desig-
26
Cities
COUNCILMEN CITY OF NEWPORT BEACH MINUTES
RQLL CALL_
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Resolution of the Local Agency Formation Com-
Annx No
mission disapproving proposed annexation to the City
of Newport Beach designated La Canada Annexation
No. 67.
Resolution of the Local Agency Formation Com -
Annx No
mission disapproving proposed annexation to the City
of Newport Beach designated Annexation No. 63, West
Santa Ana Heights (Revised).
2. The following communications were referred as
indicated:
Referred to staff for reply, letter from Fred and
Evalyn Robinson, 3014 West Balboa, inquiring about
restrooms in Newport.
Referred to staff for study and report, letter from
Marian and Gordon Brown, 221 19th Street, regarding
high tide overflow and sand mounds at the end of 19th
Street on the Bay.
Referred to Pending Legislation Committee, letter
Municip
from Municipal Consultants of California regarding
Securiti
legislation to tax Municipal securities.
Tax
Referred to staff for reply, letter from Marjorie
Pac Coa
Smith, 718 Marigold Ave., Corona del Mar stating
FiNy
that people in Corona del Mar are upset at the pros-
pect of losing their homes to the proposed freeway
when there is non_ residential land available above
them and asking that Council intercede for them with
the State Division of Highways.
Referred to Pending Legislation Committee, reso-
Home R
lution of the City of Tustin regarding State imposed
programs for local government.
3. The following resolutions were adopted after the
reading of the resolutions was waived by unanimous
consent of the Council:
Resolution No. 7037 authorizing execution of a co-
W. Npt.
operative agreement with the Union Oil Company of
Gas Od(
California and the Balboa Coves Community Associ-
ation for the construction and maintenance of a
scavenging system and burner device for control of
gas seepage at West Pacific Coast Highway.
Volume 23 - Page 27
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COUNCILMEN
CITY OF NEWPORT BEACH
MINUTES
August 11, 1969 INDEX
Resolution No. 7048 awarding a contract to Jenkin W. Npt.
Construction Co. in the amount of $4, 350. 00 for Gas Odor
construction of West Newport Noxious Gas Odor
Control Device, C -1236. (A report from the Public
Works Director was presented.)
Resolution No. 7050 authorizing the Mayor and City
Clerk to execute an agreement with Eastbluff -Newpo
Inc., subdividers, for the future improvement of a :.
portion of San Joaquin Hills Road adjacent to Tract
6152. (A report from Public Works Director was
presented.)
Resolution No. 7051 authorizing execution of an agree•
ment with Williamson and Schmid for engineering
services in proposed Assessment District No. 53
(Newport Heights and Balboa Alleys).
Resolution No. 7052 authorizing execution of a lease
agreement with the Balboa Peninsula Point Associ-
ation for beach property easterly of "N" Street for
indefinite term, to be extended from year to year.
(A report from the City Manager was presented. )
4. The City Clerk's referral to the insurance carrier
of the claim of John Bertholomey for personal injuries
to his son Kevin sustained while playing a game at
the 38th Street park under supervision of a City em-
ployee, was confirmed.
5, The resignation of Douglas H. Harris from the Air
Traffic Advisory Committee due to his impending
move to Santa Barbara was accepted with regret, the
matter was referred to the Appointments Committee
for recommended replacement and the Mayor was
directed to send a Certificate of Appreciation.
ract 6152
Assessmt
Dist 53
"N" St.
Beach
Property
Clm for
Dmgs
Bertholo-
mey
r Traffic
visory
6. The staff was authorized to proceed with acquisition P treet
of a new street striping machine as provided for in ptripil
the 1969 -70 budget. (A report from the City Manager achi
was presented.)
7. The work was accepted on the construction of street
lights on Irvine Avenue from Cabrillo Street to Dover
Drive, C -1207, and the City Clerk was authorized to
file a Notice of Completion and to release the bonds 35
days after the Notice of Completion has been filed.
(A report from the Public Works Director was
presented.)
Volume 23 - Page 28
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COUNCILMEN
CITY OF NEWPORT BEACH
MINUTES
TOLL CALL \4
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\� \�� \s \gyp\ August 11, 1969 INDEX
8. The City Attorney's request to attend the State Bar
City Atty
.
Conference in San Francisco in September instead of
ABA Conference in Dallas in August, was approved.
(A report from the City Attorney was presented.)
9. The expenditure of $66.25 by the City in connection
Assessmi
with Assessment District 51 (West Newport Streets
Dist 51
and Alleys) to pay for concrete removal incorrectly
assessed to property at 127 25th Street (Assessment
No. 279), was approved. (A report from the Public
Works Director was presented.)
10. The staff was authorized to purchase a 17 -foot diesel
arbor &
boat for $1, 200, plus $60 sales tax, under Harbor and
Tidelands
Tidelands Division budget in lieu of refurbishing the
Div Boat
old Lifeguard skiff. (A report from the City Manager
.
was presented.)
11. The following Budget Amendments were approved:
BA -4, $1, 085 transfer of Budget Appropriations for
additional funds to purchase an electric paper cutter
for the Central Duplicating Room, from Unappropri-
ated Contingency Reserve to Purchasing & Ware-
housing, Office Equipment, General Fund. (A report
.
from the City Manager was presented.)
BA -5, $715 transfer of Budget Appropriations for
additional funds for purchase of 17 -foot diesel boat;
$215 from Unappropriated Reserve and $500 transfer
from Services -Prof. Technical, etc. to Harbor &
Tidelands Division, Rolling Equipment, General Fund.
BA -6, $150.00 transfer of Budget Appropriations for
attendance of Park Superintendent at International
Shade Tree Conference from PB &R Adm- Travel &
Meetings to PB &R- Parks, Parkways, etc. - Travel &
Meetings, PB &R Fund. (A report from the City
Manager was presented.)
BA -7, $50.00 increase in Budget Appropriations and
Revenue Estimates to provide for donations by
Thursday Morning Club for purchase of Art Books,
from Donations & Contributions to Library, Special
Departmental Expense, Library Fund.
Volume 23 - Page 29
COUNCILMEN CITY OF NEWPORT BEACH MINUTES
ROLL CALL \
\ \MV \ %\ August 11, 1969
ITEMS REMOVED FROM THE CONSENT CALENDAR:
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1. Council Policy 1 -12 relating to ocean front street -end
Oi
improvements was presented.
Fi
St
The Council Policy relating to ocean front street -end
In
Motion
x
improvements was referred to the Parks, Beaches
Ayes
x
x
x
x
x
x
x
and Recreation Commission, to be brought back to
Council on August 25, with the following changes:
(a) Change the six -inch high lip of concrete, brick
or rock referred to in Item 6 to read "six -inch to
eighteen -inch high lip of concrete, brick or rock ".
(b) An item is to be added explaining that the City
would be responsible for the removal of sand at
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street ends where necessary to remove such at
the expense of the City.
CONTINUED BUSINESS:
1. Mayor Marshall reported on the recommendations of
He
the Pending Legislation Committee in connection with
Rc
a resolution regarding State imposed programs for
•
local government.
The Council representative to the Orange County
Division of the League of California Cities was
Motion,
x
directed to support the City of Brea's resolution
Ayes
x
x
x
x
x
x
x
regarding State imposed programs for local govern-
ment.
Resolution No. 7053, expressing Council's objections
to recent efforts to enact State legislation which would
mandate cities to provide expensive new employee
Motion
x
benefits at City expense, was adopted after the
Ayes
xxxxxxx
reading of the resolution was waived by unanimous
consent of the Council.
2. A report was presented from the Public Works
Ens
Director regarding C. P..Ripley's right of way
encroachment of front patio at 1005 North Bay Front,
10C
Balboa Island, on three feet of City -owned property.
Bai
Assistant Public Works Director Ben Nolan gave a
staff report.
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Volume 23 - Page 30
INDEX
:ean
^ont
reet -end
1prove -
ments
Ime
de
.roach -
ment
5 N.
r Front
COUNCILMEN
CITY OF NEWPORT BEACH
MINUTES
ROLL CALL \'�\���t
\�i� �\9\ _ August 11" .1969
The request of Mr. C. P. Ripley to continue the use
•Motion
x
of his encroachment was denied, and the staff was
Ayes
x
x
x
x
x
x
directed to have the right -of -way encroachment re-
Noes
x
moved.
Motion
x
The staff was instructed to draw up a Council Policy
Ayes
xxxxxxx
with respect to all structural encroachments and
bring back to the next meeting.
Motion
x
The staff was instructed to make a.study of the un-
Ayes
x
x
x
x
xx
x
improved portion of the right -of -way around Balboa
Island and to prepare recommendations for the use
of this area.
3. A report from the City Manager regarding the previ-
ous request of surfing, enthusiasts to have the area
.
south of the Newport Pier opened up to all -day
surfing was presented with a letter from Mr. and Mrs
Donald Rez, 306 36th Street, stating they wish to go or
record as approving a protected all -day surfing area;
and a letter from Dennis M. Hurwitz, City lifeguard
regarding the 7:30 A.M. surfing ordinance for West
Newport pointing out that the primary surfing location
for early morning hours at present is between 21st
Street and 23rd Street which has a parking lot and
-
no beach front home, and proposing amending the
.
early morning surfing time on a trial basis.
Bob Scott, 900 Sea Lane, Corona del Mar, represent-
ing all members of the Newport Beach Surfing Associ-
ation spoke from the audience in favor of an open all -
day surfing area and also asking, if beaches could not
be reopened to surfers after the swimmers have left.
Motion
x
Councilman McInnis made a motion as follows:
•
(a) To change surfing hours in the area immediately
to the west of the Newport Pier, in front of the
ocean front parking lot, from 7:00 A. M. opening
to 6 :00 A. M. opening, and to open surfing in the
presently designated Surfing Area No. I from
4:00 P. M. to sunset on a trial basis, subject to
blackball control for the balance of the summer
season;
(b) On a trial basis, open the remainder of the beach
from the west end of the ocean front parking lot
to the Santa Ana River east jetty for board surfing
under blackball system from 7:30 A. M. to noon,
and including the 4:00 P.M. to sunset regulation
in there now; and
Volume 23 - Page 31
INDEX
urfing
egs
COUNCILMEN
\vr.7S&\_X\\SQi ROLL CAL• 11
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Ayes
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Motion
Ayes
Abstain
C1
Motion
Aye s
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CITY OF NEWPORT BEACH
MINUTES
$ s 9 August 11, 1969 IN
(c) Staff was directed to review and recommend
revised surfing regulations, including board
licensing, to the Council no later than November
so they can be acted on prior to January 1, 1970.
Phil Marshall spoke from the audience in favor of
expanding the surfing ordinance.
X
x
x
x
x
A vote was taken on Councilman McInnis' motion,
which carried unanimously.
4. A report was presented from the City Attorney
Soun�
recommending conditions in connection with the appeal
Ampl
of Jerome Gordon, Manpower Coordinator for Herald-
Equil
Examiner Joint Strike - Lockout Council, from City
Council. decision denying a permit for sound ampli-
fying equipment to do informational picketing only in
front of current advertisers.
x
The sound- amplifying permit was approved, subject
X
x
to the following conditions recommended by the City
x
x
x
Attorney:
(a) The permit shall expire ninety (90) days after
the date of issuance;
(b) The permit holder.is required to notify the Chief
of Police at least eight hours prior to the use of
the sound amplifying equipment of the time and
location where it will be used;
(c) The use of the equipment shall be limited to com-
mercial areas only;
(d) The hours of use shall be limited to the hours
between 9:00 in the morning and 9:00 in the
evening; and
(e) Violation of any of the foregoing conditions shall
constitute grounds for immediate revocation of
the permit.
5. A report was presented from the City Manager re-
Balbo
garding the Balboa Bay Club lease agreement
Club
extension.
(C -51
The recommendations of Development Research As-
x
sociates were approved in principle., and the staff was
x
x
x
x
x
authorized to prepare a.new lease document for City
Council consideration in September, 1969-.
Volume 23 - Page 32
Lfyine
ment
i Bay
ease
1)
COUNCILMEN
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CITY OF NEWPORT BEACH
MINUTES
ROLL CALL 101
AM
OMIk August 11, 1969
Council expresgedAts intention to call fora 'Special
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Municipal Election for the voters to consider the
proposed new lease extension and document during
the month of November, 1969.
CURRENT BUSINESS:
1. A petition was presented from nine business owners
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and citizens of Newport Beach stating that because of
a certain element in the area, the business district is
deteriorating and asking that the City take action to
correct the situation.
Mayor Marshall stated that Councilman Rogers had
reported at the Study Session that the staff had taken
•
steps to remedy the situation by adding a patrolman to
this area during the day and evening, and that the
situation was improved.
Francis Ursini spoke from the audience in agreement
with Councilman Rogers' report.
Barry Weinberger and Jack Vaughn, both of 128 -29th
Street, spoke from the audience in opposition to the
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additional police protection for the area.
Motion
x
The petition was ordered filed.
Ayes
xxxxxxx
2. A report was presented from the Public Works
Tr:
Director regarding traffic signal installation, Dover
Sig
Drive at Westcliff Drive, C -1189.
Do,
We
The irregularity in the bid of not showing the signal
• Motion
x
controller manufacturer under the list of subcon-
Ayes
x
x
x
x
x
x
x
tractors was waived.
Resolution No. 7049, awarding a contract for traffic
signal installation, Dover at Westcliff, C -1189, in
Motion
x
the amount of $19, 300, was adopted after the reading
Ayes
x
x
x
x
x
x
x
of the resolution was waived by unanimous consent of
the Council.
3. A proposal was presented from Thomas Garver,
Ari
Director of the Newport Harbor Art Museum, request
Ex]
ing use of property at the future Newport Civic Center
site for an art exhibit by Iain Baxter entitled "The
New Art of Vancouver" for the period September 21
through November 14, 1969.
Volume 23. Page
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•11.1• a
.isances
tffic
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Abit
R",L CALL
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COUNCILMEN CITY OF NEWPORT BEACH MINUTES
August 11, 1969
• Thomas Garver spoke from the audience.
Motion x The request was approved, subject to any necessary
Ayes x x x x x x x conditions which might be imposed by the City
Manager or the City Attorney.
4. A report was presented from the Planning Director
regarding the findings of the Planning Commission in
connection with Tentative Map for Tract 6927, sub-
division of 6.8± acres into 12 residential lots, 3 com-
mercial lots and one underwater lot, located on the
south side of Bayside Drive, southeast of the inter-
section of E1 Paseo Drive and Bayside Drive.
Planning Director Larry Wilson reported on the
• findings of the Planning Commission.
Motion x The Tentative Map for Tract 6927 was approved,
Ayes x x x x x x x subject to the conditions recommended by the Planning
Commission.
5. A letter was presented from Charles W. Benson, 308
S. Bay Front, Balboa Island, requesting the with -'
drawal of a "Stop Work Notice" and a full go -ahead
approval on his home construction project in con-
. _ nection with an 18 -inch high fence located in public
right -of -way adjacent to the bay front sidewalk at
this address.
Charles Benson spoke from the audience.
Motion x Permission to proceed with the work was granted
Ayes x x x x x x x providing the encroaching wall is removed by the time
an occupancy permit is requested, and that no final
• inspection will be made until the wall is removed.
Motion x Councilman Hirth made a motion to allow removal of
Ayes x x x x x x x the "Stop Work Notice" and allow occupancy contingent
upon receiving a letter from Mr. Benson stating that
the fence would be removed within thirty days, which
motion carried.
6. A letter was presented from Mr, and Mrs. Vaughn L.
Clark, 310 S. Bay Front, Balboa Island, stating that
they had received a red tag from the Building Depart-
ment that the 18 -inch block fence back from the bay
front sidewalk at 310 S. Bay Front had to be removed,
and stating that the fence location matches that of the
existing fences of adjacent property owners and re-
questing that the local precedent be accepted.
• I I H I I I I Volume 23 - Page 34
INDEX
Tract
6927
Encroach-
ment
308 S. Bay
Fr ont
Encroach-
ment
310 S. Bay
Front
ROLL CALI
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Moti
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Moti
Aye:
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COUNCILMEN
CITY OF NEWPORT BEACH
11,_1969
MINUTES
Vaughn Clark spoke from the audience and stated he
would be willing to proceed on the same basis as Mr.
Benson.
Permission was given for removal of the "stop order"
and for the work to continue as soon as a letter is
received assuring he will take down the encroaching
construction within the next 30 days.
A report was presented from the City Manager re-
garding authorization for the City Manager to enter
into certain contracts.
The matter was diaried to August 25, 1969.
ARBOR PERMIT APPLICATIONS:
A report was presented from the Harbor and Tidelands
Administrator regarding Harbor Permit Application
127 -1701 of Orange Coast College to construct a bulk-
head and dredge bayward of the OCC Crew boathouse
at 1701 W. Coast Highway.
Harbor and Tidelands Administrator George Dawes
gave a staff report.
Harbor Permit Application 129 -1701 was approved
subject to obtaining an Orange County permit and
subject to approval of the Joint Harbor Committee.
DDITIONAL BUSINESS:
The staff was directed to prepare the necessary docu-
ments for consideration of the City to join Southern
California Association of Governments (SCAG), the
documents to be brought back to Council when ready.
The staff was instructed to advise the County Road
Commissioner that Newport Beach intends to partici-
pate in the local government coordinating plan for the
Route 57 (Orange) freeway and submit a chart of its
local coordination planning structure.
ayor Marshall stated that there would be a Study Session
7 :30 P.M. on August 18, 1969.
he meeting adjourned at 10 ::2�0 /P. M.
$Zn 0 o
Mayor
TT T:
City Clerk o ume 23 - Page 35
INDEX
Mgr
Orange
Coast
SCAG
Orange Fw,
Coord Ping
Structure