Loading...
HomeMy WebLinkAbout10/13/1969 - Regular MeetingROLL CAL • Pre; 0 Mot. Aye Mot Aye • 0 • Ll • COUNCILMEN CITY OF NEWPORT BEACH MINUTES REGULAR COUNCIL MEETING Place: Council Chambers 'f�#s L ZZ� 9 << �9�9 Time: 7:30 P.M. Date: October 13, 1969 INC a ent xxxxxxx Roll Call. John Macnab, General Chairman of the Newport Tomorrow Newpc Citizens' Advisory Committee, formally presented to the Tomoi Mayor and the City Council the Newport Tomorrow Goals and Objectives Report. ion x The Newport Tomorrow Goals and Objectives Report was s xxxxxxx received in appreciation and gratitude. The reading of the Minutes of the Adjourned Meeting of September 15 and of the Regular Meeting of September 22, Lon x 1969 was waived and said Minutes were approved as s xxxxxxx written and ordered filed. HEARINGS: 1. Mayor Marshall opened the continued public hearing Fay A regarding the appeal of Leroy E. and Ruth M. Fay from the decision of the Planning Commission denying Modification Application No. 94 requesting to construct an additional unit to an existing triplex that is nonconforming due to stairway in the side yard.and due to the fact that the garage would be substandard (32 feet wide instead of 36 feet wide), located at 233 Carnation Avenue on the westerly side of Carnation Avenue between Seaview Avenue and Ocean Boulevard, Zoned R -3. A report from the Planning Director regarding the findings of the Planning Commission was presented with a letter from Miss Jeri Lee Burdick, 239 Carnation Avenue, stating she feels the area is con- gested enough and would like to see the zoning remain at R -3, The City Clerk stated that a letter had just been re- ceived from Donald Harwood, attorney representing Mr, and Mrs. Fay, stating that he feels the matter is not one that should take up the Council's time, but rather should be referred back to the Planning Com- mission for reconsideration. No one desired to be heard. Mayor Marshall closed the public hearing with the unanimous consent of the Council. Volume 23 - Page 76 IEX rt ,row ppeal COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROLL CALL \� 1����1�9� October 13, 1969 INDEX _���oy The appeal of Leroy E. and Ruth M. Fay in connection Motion x with Modification Application No. 94 was referred Ayes xxxxxxx back to the Planning Commission for reconsideration. 2. Mayor Marshall opened the public hearing in con- Mini nection with application of Henry G. Krebs for a Tours, Inc! Certificate of Public Convenience and Necessity for Mini Tours, Inc, for a minibus sightseeing tour service within the City of Newport Beach. (All other holders of Certificates of Public Convenience and Necessity had been notified in accordance with Section 5. 12. 040 of the Municipal Code.) The proposal from Mini Tours, Inc. was presented with their application for Certificate of Public Con- venience and Necessity. • Henry Krebs spoke from the audience and stated he was available to answer any questions the Council might have. No one else desired to be heard. Mayor Marshall closed the hearing with the unanimous consent of the Council. • Mini Tours, Inc. Is application for Certificate of Motion x Public Convenience and Necessity was approved, Ayes xxxxxxx subject to approval of business license application and such other conditions as might be imposed by the City Manager. Due to the number of interested persons in the audience, and with the unanimous consent of the Council, Continued Business Item No. 1, Tidelands Use Fees, was taken out • of the regular order of business and taken up at this time. City Clerk Laura Lagios announced that in addition to the Tidelands thirty -eight communications opposing the Tidelands Use Use Fees Fees, as listed on the agenda, four letters in favor of and eighty -nine letters and telegrams opposing the Tidelands Use Fees had been received, and copies of all letters received had been given to the Council. The following people spoke from the audience opposing the proposed Tidelands fees: Larry Miller, Commodore of the Marine Division of the Newport Harbor Chamber of Commerce; Hank Hill, member of the Newport Harbor Chamber of Commerce's Tidelands Use Fees Committee; Vin Jorgensen„ member of the Newport Harbor Chamber • of Commerce; Blackie Gadarian, owner of Blackie's Boat • Volume 23 - Page 77 COUNCILMEN-,'. ROLL CALLs" • U Motion Ayes Noes • • CITY OF NEWPORT BEACH October 13, 1969 MINUTES Yard; Harvey Somers, of the Balboa Peninsula Point Association; Philip Morgan, Frank Wood, Jr., and Dan. Gilliland, members of the Balboa Peninsula Point Associ- ation; Clifford Gordon; Don Pennington, member of the Board of Directors of the Balboa Island Improvement Association; Mr. Holbrook; Peter Vail; John- F. Johnson, President of the Newport Island, Inc.; Dee Cook, Presi- dent of Corona del Mar Chamber of Commerce; Chuck Cotton; Dr. Emory Moore; Herman Fink; Roy B., Woolsey, Commodore, Lido Isle Yacht Club; and James C. Bridges. Harvey Pease, Ralph Hinger and Les Steffenson spoke from the audience in favor of the proposed Tidelands Use Fees. Councilman Rogers made a motion to discontinue any further consideration of a Tidelands Use Fee on piers. Councilman Parsons made a substitute motion to instruct the City Attorney to prepare an ordinance along the lines recommended by the Tidelands Use Fees Committee. A vote was taken on Vice Mayor Parsons' substitute motion, and the City Attorney was instructed to prepare an ordinance along the lines recommended by the Tidelands Use Fees Committee. RECESS was declared for five minutes. The Council reconvened with all members present. The regular order of business was resumed. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1314, being, INDEX cr afti bor AN ORDINANCE OF THE CITY OF NEWPORT ILandings BEACH AMENDING SECTION 17.08. 050, CHAPTER 17.08, TITLE 17 OF THE NEWPORT BEACH MUNICIPAL CODE, RELATING TO LANDING OF AIRCRAFT IN NEWPORT HARBOR, prohibiting the landing or taking off of any aircraft from the waters of Newport Harbor without first obtaining a permit from the City Council, was presented for second reading. • 11111111 Volume 23 - Page 78 COUNCILMEN ROLL CALL 11 °a \A\9 CITY OF NEWPORT BEACH October 13, 1969 MINUTES INDEX Motion x Ordinance No. 1314 was adopted after the reading of Ayes x x x x x x x the ordinance was waived by unanimous consent of . the Council. ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1315, being, Prope Trans AN ORDINANCE OF THE CITY OF NEWPORT Tax BEACH AMENDING SECTION 3.22. 050 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO EXEMPTION OF GOVERNMENTAL AGEN -' CIES FROM REAL PROPERTY TRANSFER TAX, was presented with a report from the City Attorney. Motion x Ordinance No. 1315 was introduced and passed to Ayes x x x x x x x second reading on October 27, 1969. CONSENT CALENDAR: Motion x The following items were approved by one motion af- Ayes x x x x x x x firming the actions on the Consent Calendar: . 1. The following Advisory Communications were ordered filed: Letter from Senator Alan Cranston and copy of report directed to him from the Bureau of Outdoor Recreation Department of the Interior, regarding acquisition of beach land. Letter from William J, La Plante, President, Balboa Island Improvement Association, reaffirming the Association's position that the Balboa Island Fire and Rescue Unit remain at its present Marine Avenue location on Balboa Island. Letter from Robert D. Hayward protesting any expansion of Edison facilities in Huntington Beach and elsewhere because of increased air pollution. Letter from George C. Woods restating his feeling that 10 days notice for hearings on applications for pier permits is not sufficient. Copy of letters addressed to the City Manager from Newport Beach Police Employee's Association Volume 23 - Page 79 rty fer ROLL • • • • u L� COUNCILMEN CITY OF NEWPORT BEACH MINUTES CALL �'� \� \ \4 \�� \ \9\ October 13, 1969 regarding formal recognition of the Association as the negotiating representative for all employees within the Newport Beach Police Department and expressing appreciation and satisfaction with the results of meeting held on Sunday, October 5, Letter from Mrs. Marian Brown expressing appreci- ation for the prompt action in response to her previous letter regarding the condition of the beach on the bay at 19th Street. Letter to Mayor Marshall from Irving Temaner, Walt Disney Productions, expressing appreciation to Council for its understanding and cooperation in giving them permission to land a seaplane in the Back Bay for their motion picture project. Letter from Winifred L. Voegelin to Mayor Marshall regarding grass and plantings to be installed on the Jamboree Road raised median between Ford Road and Eastbluff Drive and reply from Mayor Marshall. Resolution of the City of Seal Beach protesting the expenditure of funds to implement the Orange County General Planning Program. Letter from Comprehensive Health Planning Associ- ation of Orange County advising that it now has a full time Executive Director who is in the process of building a staff to provide assistance in cities' planning for health facilities and services. Notices of annexation hearings on October 8, 1969, 2:00 P.M., 515 N. Sycamore Street, Santa Ana, from Local Agency Formation Commission: (1) Proposed Engineer's No. 126 Annexation to the Costa Mesa Sanitary District, located in Airport Industrial Park area. (2) Proposed Engineer's No. 127 Annexation to the Costa Mesa Sanitary District, located westerly of Harbor Boulevard and northerly of Gisler Ave. (3) Proposed Annexation No, 10 to the Irvine Ranch Water District, located between Jamboree Road and MacArthur Boulevard above Beto (Bison) Street, and letter from LAFCo stating that the Annexation was submitted by Resolution of Board of Directors of Irvine Ranch Water District ac- companied by consent of 10076 of landowners of territory proposed to be annexed and that the Volume 23 - Page 80 INDEX COUNCILMEN \\t y\\71N\t\ \j CITY OF NEWPORT BEACH MINUTES ROLL CALL \4'\°ZR�\�\P -M-9\ October 13, 1969 INDEX District requests the proposal be approved with- 0 out notice and hearing in view of unanimous consent of landowners. Letter from Orange County Road Department trans- mitting map of proposed annexation to Orange County Street Lighting Maintenance District No. 10 - Tract No. 6869 (Recorded), located southerly of Main Street, southeasterly of Harvard Ave. and northerly of San Diego Freeway in vicinity of Santa Ana and Tustin. Preliminary Agenda of Local Agency Formation Com- mission. Letter from Local Agency Formation Commission notifying of change in second regular meeting date in December from Christmas Eve to the preceeding Wednesday, December 17th. Letter from Newport Harbor Chamber of Commerce requesting use of Big Corona del Mar Beach on Sunday, October 12, 1969, between the hours of 12:00 - 3:00 p.m, for their annual Sandcastle Building Contest, and copy of City Manager's reply granting • use of the beach. Resolution of the City of Stanton relating to Corps of Engineers' work in the Santa Ana River, urging expediency therefor. Resolution of the City of Seal Beach requesting the Resolution Committee of the League of California Cities to submit a resolution of the League's annual • convention opposing any change in the current tax exemption on State and local bond interest government Resolution of the Orange County Board of Supervisors Pacific designating a portion of Pacific Coast Highway as a Coast H w limited time parking area and a tow.away zone; the Parking limited time parking being the prohibition of parking entirely between 8:00 p. m. and 6:00 a.m. on both sides of Pacific Coast Highway from the south city limits of Newport Beach (Corona del Mar) to the north city limits of Laguna Beach. Copy of resolution to San Clemente City Council from Surf Life Saving Association of America advising that the National Surf Life Saving Association, which is composed of major lifeguard services along the coast • • Volume 23 - Page 81 I COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROLL CALL �t'�' OPM1 \�I October 13, 1969 INDEX of California, does not condone and is opposed to and gave no verbal or written support to the recent life- guard strikes in San Clemente and Santa Cruz. Minutes of Executive Meeting of Orange County Board of Division, League of California Cities of September 11, Supervise. 1969, indicating that Mayor Marshall summarized a Salaries letter wherein the City Council of Newport Beach requested the League to "review the apparent inadequacies of salaries for the members of the Orange County Board of Supervisors." A note from Katharine T. Hampton stating that the court case testing the legality of the exchange of lands between Orange County and Irvine Co, concerning Upper Newport Bay affects Newport Beach more than • any other area, urging that a representative of the Council should present the case for Newport Beach in court, and urging Council to keep the road along the east shore open and maintained. Agenda for Board of Supervisors meetings held September 23, 24, 30, October 1, 7 and 8, 1969. Letter from Jack Green, President, Orange County Harbor _ League of Cities, enclosing copy of letter from District • Assemblyman John V. Briggs indicating his willing- Dissolutio . ness to reintroduce legislation which would place the dissolution of the Orange County Harbor District on the ballot if the League of California Cities so desires, and a copy of Mr. Green's letter to the Orange County Board of Supervisors requesting that they set a public hearing on the matter pursuant to Government Code, Section 56360, Letter from the Planning Commission stating that at Newport its meeting of October 2 the Planning Commission Tomorrow accepted with thanks the Newport Tomorrow Goals and Objectives Report, and concurred with the five recommendations set forth in the letter of transmittal with slight modifications. 2. The following communications were referred as indicated: Referred to staff for study, letter from The Newporter Newport Publishing Company enclosing two recent editorials Boulevard regarding traffic hazard in connection with the one- Traffic way street markings on Newport Boulevard. • Volume 23 - Page 82 COUNCILMEN 4 O ROLL CALL\fP 01 7 CITY OF NEWPORT BEACH October 13_ 1 of q MINUTES IMD=V .ent 53 of 10 M s .te Referred to staff for reply, letter from C. A. Hanson, Assessm South Pasadena, stating he had received notice a few District • months ago regarding paving of the alleys in Newport Heights area and asking information as to whether or not they will be paved. Referred to staff for study and report, letter from Street Mrs. Muriel Griffith approving proposed posting of Cleaning parking notices on streets for street cleaning purposes, and asking that Acacia be designated a pilot street. Referred to staff for study and report, letter from Breakers James E. Harrington regarding activities of members Drive of Breakers Drive Association regarding parking and parking signs on Breakers Drive. Referred to Pending Legislation Committee, resolution Freedom of City of Westminster urging the President, Congress Religion and all courts to take active steps assuring freedom of • religion. Referred to Pending Legislation Committee for study, Regional notice from the Assembly Committee on Transpora Transpoi tation, of hearing on the desirability of a regional tation transportation district in Southern California, consist- ing of the Counties of Los Angeles, Orange and portions of Ventura, San Bernardino and Riverside Countie s. Referred to staff for study and report, letter from the Corona del Mar Chamber of Commerce supporting the Trailers Portable Municipal Code on the use of trailers and /or portable Bldgs buildings and recommending that more rigid control is necessary. Referred to staff for reply, letter from A. J. Jenner Cassel, regarding court action between the City and Mr. P. A. Cassel, owner of the corner lots on Cypress and Edgewater, involving ownership of public highway in connection with his property at 417 E. Edgewater, and • requesting expedition of the matter. 3. The following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: Resolution No. 7074 repealing the parking time limit Parking on a portion of Marine Avenue. (Traffic Engineer Prohi- Report) bitions Resolution No. 7075 designating intersections at which Stop Sign vehicles are required to stop and directing the Traffic Npt Hills Engineer to erect necessary stop signs on Newport W /Ford Hills Drive West at Ford Road. (Traffic Engineer Report) Resolution No. 7076 designating intersections at which Stop Sign vehicles are required to stop and directing the Traffic Inlet Way • Engineer to erect necessary stop signs on Inlet Way Margueri at Marguerite Avenue. (Traffic Engineer Report) • Volume 23 - Page 83 .ent 53 of 10 M s .te COUNCILMEN CITY OF NEWPORT BEACH MINUTES \\15\0' \\ \ \9\ ROLL CALL_ 154MA1134TIk October 13, 1969 Resolution No. 7077 designating intersections at which Sto vehicles are required to stop and directing the Traffic ViE . Engineer to erect necessary stop signs on Vista Del Sol Sol at Vista Del Oro. (Traffic Engineer Report) De] Resolution No. 7078 designating intersections at which Sto vehicles are required to stop and directing the Traffic La] Engineer to erect necessary Estop signs on Lake 331 Avenue at 33rd, 34th and 35th Streets. (Traffic Engi- & neer Report) Resolution No. 7080 awarding a contract for the Ma Mariners Library Patio Enclosure, Contract 1202, to Lit Roy Collins, Inc. for the amount of $13, 946. 00. (A Pal report from the Public Works Director was presented En, with a copy of a letter from William Blurock and Partners recommending that subject contract be . awarded to low bidder, Roy Collins, Inc. ) Resolution No. 7081 awarding contract for the Jam- Jar boree Road Median Island Water Services and Rd Sprinkler System, Contract No. 1225, to Roy C. Lai Barnett, Landscape Contractor, in the amount of sc $21,450. (A report from the Public Works Director was presented. ) . Resolution No. 7082 awarding a contract for Street Reconstruction, 1969 -70, Concrete Repairs and Str Rey Resurfacing, Contract No. 1240, to the Griffith (Cc Company in the amount of $117, 937. 00. (A report Re from the Public Works Director was presented.) Resolution No. 7083 authorizing execution of a Ground Cos Lease Agreement with The Irvine Company for tempo- Sto rary storage yard in Corona del Mar at Fifth Avenue Ya: and Dahlia. (A report from the Public Works Director was presented. ) Resolution No. 7084 endorsing the 1969 Orange County Or Economic Outlook Conference. (A copy of a letter Ec, from the Orange County Chamber of Commerce was Oui presented. ) Col Resolution No. 7085 authorizing execution of an Lif agreement with the Orange County Harbor District Ser for the provision of lifeguard service by the City for beaches in unincorporated territory, in the amount of $31, 732. 00. . Volume 23 Page 84 - ROLL CAL • • i • Ir1 LJ • COUNCILMEN CITY OF NEWPORT BEACH October 13, 1969 MINUTES 4. The City Clerk's referral of the following claims to the insurance carrier was confirmed: Summons and Complaint for Personal Injuries for Joe Reyes Morones, a minor, by Matias Dias Morones, his Guardian Ad Litem, Superior Court Case No. 168263, and acknowledgment from Royal -Globe Insurance Companies of receipt of copy of Summons and Complaint. INDEX Clms Dmg Claim of Darrel L. Hickman for damage to his motor- Hickman cycle on September 22, 1969 when he was involved in an accident with a City vehicle in front of 1714 West Balboa Boulevard. Summons and Complaint for Injunction of P. A. Cassel, Superior Court Case 169606 in connection with a walkway in Balboa. Claim of George J. W. Mabee for damage to his auto- mobile on June 26, 1969 at the junction of Newport Boulevard and San Diego Freeway when he was involved in an accident with a vehicle belonging to the City. 5. The plans and specifications for the Jetty Bulkhead Construction at Channel Road (C -1242) were approved, and the City Clerk was authorized to advertise for bids to be opened at 10:00 A. M. on November 4, 1969. (A report from the Public Works Director was pre- sented.) 6. The Temporary sewage pump station and off -site sewer facilities, Tract No. 6621 (Harbor View Homes) were accepted, and the City Clerk was authorized to release the Faithful Performance Bond and to release the Labor and Materials Bond in 6 months provided no claims have been filed. (A report from the Public Works Director was presented. ) 7. Expense accounts of Mayor Doreen Marshall, Council- men Paul Gruber and Robert Shelton and City Manager Harvey Hurlburt for trip to San Francisco, September 28 to October 1, 1969 to attend the annual League of California Cities Conference, were approved. 8. The June 30, 1969 Inter -Fund Transfers were ap- proved, and the following Budget Amendments, Closi Entries, were approved: (A report from the Finance Director was presented.) C -92, $368,705.40 increase in Unappropriated Surpl a decrease in Budget Appropriations and an increase in Revenue Estimates, General Fund - closing entry. Volume 23 - Page 85 sel e Je tty Bulkhe ad Cnstr at Channel R. Tr 6621 Accts ludget ,mend - ments COUNCILMEN \\*S " t\07 CITY OF NEWPORT BEACH MINUTES ROLL CALL �N�°s \6�4���i�"9� October 13, 1969 INDEX C -93, $9, 180. 31 decrease in Unappropriated Surplus; • a decrease in Budget Appropriations and decrease in Revenue Estimates, Park and Recreation Fund - closing entry. C -94, $40.86 decrease in Unappropriated Surplus; a decrease in Budget Appropriations and a decrease in Revenue Estimates, Library Fund - closing entry. C -95, $10, 856. 10 increase in Unappropriated Surplus; a decrease in Budget Appropriations and an increase in Revenue Estimates, Retirement Fund - closing entry. C -96, $86,652.17 increase in Unappropriated Surplus; a decrease in Budget Appropriations, and an increase • in Revenue Estimates, State Gas Tax Fund (Sed. 2106) - closing entry. C -97, $110,184.41 increase in Unappropriated Surplus; a decrease in Budget Appropriations and an increase in Revenue Estimates, State Gas Tax (Sed. 2107) - closing entry. C -98, $14, 857. 35 increase in Unappropriated Surplus; an increase in Revenue Estimates, Traffic Safety • Fund - closing entry. C -99, $12, 823. 74 decrease in Unappropriated Surplus; a decrease in Revenue Estimates, Parking Meter Fund - closing entry. C -100, $5,404.55 increase in Unappropriated Surplus; an increase in Revenue Estimates, Tide & Submerged Lands Fund - closing entry. • C -101, $27, 117. 86 increase in Unappropriated Surplus; a decrease in Budget Appropriations and a decrease in Revenue Estimates, Gas Tax Contribution Fund - closing entry. C -102, $1, 788.19 increase in Unappropriated Surplus; a decrease in Budget Appropriations and a decrease in Revenue Estimates, Capital Improvement Fund - closing entry. C -103, $58, 961.47 increase in Unappropriated Surplus; a decrease in Budget Appropriations and an increase in Revenue Estimates, Building Excise Tax Fund - closing entry. • Volume 23 - Page 86 COUNCILMEN ROLL CALL yyE °Z AS 9 CITY OF NEWPORT BEACH October 13. 1969 MINUTES lmn=v C -104, $8,162.00 increase in Unappropriated Surplus; • an increase in Revenue Estimates, Water System Development Fund - closing entry. C -105, $150,548.11 increase in Unappropriated Surplus; a decrease in Budget Appropriations and an increase in Revenue Estimates, Water Fund - Closing entry. C -106, $871.00 increase in Unappropriated Surplus; an increase in Budget Appropriations and an increase in Revenue Estimates, Marinapark Fund - closing entry. C -107, $8, 385. 80 decrease in Unappropriated Surplus; transfer surplus to Reserves for Surfboard Acquisition and Tennis Court Construction, Park and Recreation Fund - closing entry. C -108, $346. 50 increase in Unappropriated Surplus; transfer from Reserve for Surfboard Acquisition, Park and Recreation Fund - closing entry. C -109, $8, 159. 80 increase in Unappropriated Surplus; transfer from Reserve for Tennis Court Construction for partial payment of Mariners Park Tennis Courts • to Building Excise Tax Fund - closing entry. C -110, $100, 000. 00 decrease in Unappropriated Surplus, to transfer surplus to Reserve for future water sources, Water Fund - closing entry. C -111, $32,001.65 decrease in Unappropriated Surplus; transfer Surplus to Reserve for Off - Street Parking, Parking Meter Fund - closing entry. C -112, $2,712.50 increase in Unappropriated Surplus; return to Unappropriated Surplus the 1968 -69 requirement of $110, 535. 00 and set up the 1969 -70 requirement of $107, 822. 50, Water Fund'- closing entry. C -113, $5,236.21 decrease in Unappropriated Surplus, to provide additional amount to be refunded to Orange County Road Department for over deposit of Improvement of Jamboree Road Project, Gas Tax Contribution Fund - closing entry. • • Volume 23 - Page 87 ROLL CALL • • COUNCILMEN CITY OF NEWPORT BEACH Motion Ayes • Motion Ayes • Motion •Ayes • • MINUTES October 13, 1969 INDEX ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. . The application of Robert L. Kay to construct a 20- Curb Cut foot wide curb cut at 126 Diamond Avenue, Balboa 126 Island, was presented with a report from the Public Diamond Works Director. Bal Isle Robert L. Kay spoke from the audience. Subject application was approved on the condition that first the staff was to see if there was a legal way to require removal of the existing nonconforming fence across the alley. 2. Resolution No. 7079 designating intersections at which IStop Signs vehicles are required to stop and directing the Traffic CdM Engineer to erect necessary stop signs at various locations in Corona del Mar was diaried for October 27, 1969. CONTINUED BUSINESS: 1. The matter of Tidelands Use Fees was moved out of the regular order of business and taken up immediat after the public hearings. 2. A report from the Acting City Manager regarding the leasing of City -owned property located at the south- east corner of Brookhurst and Adams in Huntington Beach was presented with a letter from the Newport Harbor -Costa Mesa Board of Realtors regarding the Real Estate Advisory Committee's recommendations. The City Attorney was directed to prepare separate twenty -five year lease documents for the leasing of Parcel A to the Atlantic - Richfield Oil Company for a minimum revenue consideration of $18, 375 per year offset against a gallonage rental of 2 1/8� per gallon; the leasing of Parcels B, C, and D.to Mr. John Shea for a minimum annual revenue consideratioi of $19, 500, of which $6, 500 would be the minimum rental on Parcel B offset against 2% of the gross receipts from the restaurant to be constructed on this parcel, and $13, 000 for Parcels C and D offset agains I� per gallon gasoline pumped in conjunction with the car wash operation to be constructed on Parcels C and D; all uses to be subject to the approval of the City of Huntington Beach Planning Commission and the City Manager of the City of Newport Beach. Voume 23 - Page 88 Adams / Brookhurst City =owned Property ROLL CALI • • Moti Aye e n U • M oti Wyes • 11 COUNCILMEN CITY OF NEWPORT BEACH October 13, 1969 CURRENT BUSINESS: MINUTES 1. A report was presented from the City Manager, Chair• man of the Underground Utilities Committee, regard- ing the Underground Utilities Committee's recom- mendations in connection with establishing priorities for underground utility districts. The Public Works Director was directed to prepare a report setting forth the reasons why the areas selected should be classified as underground utility districts, and scheduling public hearing to determine whether or not a given area should be set up as an underground utility district; and the following order of priorities for establishing underground utility districts was approved: (1) Irvine Avenue from 15th Street to 16th Street; (2) Newport Blvd. and Balboa Blvd. from 33rd Street to McFadden Place and 32nd Street from Newport Blvd. to Balboa Blvd.; (3) Ocean Blvd. from Poppy Avenue 400 feet westerly; (4) Pacific Coast Highway from the Sea Scout Base to Dover Drive. 2. A request from the Yellow Cab of Newport and Costa Mesa, Inc. for approval of proposed changes in schedule of rates was presented. Herman Tate, owner and President of Yellow Cab of Newport and Costa Mesa, Inc., spoke from the audience. The matter was diaried for October 27 and the staff was directed to prepare a report regarding services rendered in the community, particularly in relation to the Orange County Airport. 3. A report was presented from the Planning Director regarding application of I. D. H. (Holstein Company), joint venture, for approval of Tentative Map for Tract 6905, subdivision of 28.85 acres into 50 resi- dential lots and one green area lot, a portion of Blocks 51 and 52 of Irvine's Subdivision, located on the westerly side of Eastbluff Drive, south of the extension of Vista Del Oro. Planning Director Larry Wilson gave a staff report and presented the findings of the Planning Commissioi in connection with Tentative Map for Tract 6905, Use Permit No. 1422(b), Tentative Map for Tract 7082 and Use Permit No. 1422(d). Volume: 23 Page 89 INDEX inuer- g r ound Jtilities Yellow Cab Co Tr 6905 COUNCILMEN ork 0 ROLL CALL �'� 9M \t X-% CITY OF NEWPORT BEACH October 13. 1969 MINUTES lit it Robert Bein, engineer for Holstein Company, spoke • from the audience. Motion x The Tentative Map for Tract 6905 was approved Ayes x x x x x x x subject to conditions recommended by the Planning Commission. 4. A report was presented from the Planning Director Use Perin regarding application of I. D. H. (Holstein Company), #1422(b) joint venture, for approval of Use Permit No. 1422(b) to subdivide property located on the westerly side of Eastbluff Drive, and to construct one and three -story residential units as a part of a Planned Residential Development, Tract 6905. Motion x Use Permit No. 1422(b) was approved subject to •Ayes x x x x x x x. conditions recommended by the Planning Commission. 5. A report was presented from the Planning Director Tr 7082 regarding application of I. D. H. (Holstein Company), joint venture, for approval of Tentative Map of Tract 7082, subdivision of 13.34 acres into 71 residential lots and one green area lot, portion of Blocks 51 and 52 of Irvine's Subdivision, located on the north side of the extension of Vista Del Oro, • westerly of Eastbluff Drive. Motion x The Tentative Map for Tract 7082 was approved, Ayes x x x x x x x subject to conditions recommended by the Planning Commission. 6. A report was presented from the Planning Director Use Perm regarding application of I. D. H. (Holstein Company), #1422(d) joint venture, for approval of Use Permit No. 1422(d) to subdivide property located on the north side of the • extension of Vista Del Oro, westerly of Eastbluff Drive, and to construct one and two -story residential units as part of a Planned Residential Development, Tract 7082. Motion x Use Permit 1422(d) was approved, subject to con - Ayes x x x x x x x ditions recommended by the Planning Commission. 7. A report from the City Attorney regarding anti -smog Air litigation was presented with a resolution of the Board Pollution of Supervisors of Los Angeles County in connection with the suit against the major automobile manu- facturers and inviting governing bodies to attend hearing on the intervention action in the Federal Court in Los Angeles on October 13. • Volume 23 - Page 90 lit it COUNCILMEN CITY OF NEWPORT BEACH MINUTES TOLL CALL \� \o%� \���ys 9 October 13, 1969 INDEX Motion x The following resolutions were adopted after the yes x x x x x x x reading of the resolutions was waived by unanimous consent of the Council: Resolution No. 7086 expressing Council's concern R -7086 about the threat to public health from air pollution and urging the United States Attorney General to reconsider the advisability of the decision to settl the anti -trust action against the four major domestic auto manufacturers without a trial. Resolution No. 7087 authorizing the Attorney R -7087 General of the State of California to represent the City of Newport Beach in a civil anti -trust action against certain automobile manufacturers. 8. A proposal from Binder, Mestyanek & Co., certified Audit public accountants, for auditing services to the City Report for the fiscal year 1969 -70, under the same terms and conditions as they served for the fiscal year ended June, 1969, except for certain changes in the Motion x annual audit fee and hourly rates, was diaried for Ayes x x x x x x x October 27 for a presentation by the auditors. 9. A letter addressed to the City Manager from Southern SCAG California Association of Governments (SCAG) wel- coming the City into membership and requesting the names of the City's official representative and alter- nate, was presented. Motion x The Mayor was appointed as the City's official Ayes x x x x x x x representative, and the Vice Mayor as the alternate official representative to the Southern California Association of Governments, and the staff was directed to advise SCAG of said appointments. • 10. A report was presented from the Harbor and Tide- Irvine Co lands Administrator regarding request from The Variance Irvine Company for variance from Harbor Permit Policy in regard to storage lockers on piers and floats in connection with Harbor Permit No. 101 -104. The request of The Irvine Company to construct storage lockers exceeding the Harbor Permit Policy height limitations in connection with Harbor Permit No. 101 -104, located along Bayside Drive between Motion x the Balboa Island bridge and the Balboa Yacht Club, Ayes x x x x x x x was approved. • Volume 23 - Page 91 COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROLL CALL oy 4 9 October 13, 1969 INDEX • 11. A report from the Public Works Department regarding Parking x Seaview Avenue parking control was diaried for Prohi- •Motion Ayes x x x x x x x October 27. bitions HARBOR PERMITS: 1. A report was presented from the Harbor and Tide- Harb Per lands Administrator regarding Harbor Permit Appli- Appl cation 225 -1510 of Mr. and Mrs. George M. Mott to construct a groin pier, ramp and .float bayward of Mott, Ge 1510 South Bay Front, Balboa Island. A letter from George C. Woods, owner of property at 116 Abalone Avenue, objecting to the construction of any pier at 1510 South Bay Front or any other location on Balboa Island and enumerating reasons • for objection, was presented with a petition bearing thirty -four signatures objecting to the issuance of subject harbor permit application. Harbor and Tidelands Administrator George Dawes gave a staff report and presented a petition given to him just before the meeting bearing twenty -three signatures approving subject permit. • Mrs. George Mott spoke from the audience. The following people spoke from the audience opposing subject permit: Ralph Allen, George Woods and Kenneth Swift. Motion x Harbor Permit Application 225 -1510 was disapproved. Ayes xxxxxx Noes • ADDITIONAL BUSINESS: 1. Mayor Marshall nominated Councilman Robert Shelton Npt Centf as Chairman and Councilman Ed Hirth as member of Fire a Council Committee to work with the City Manager Station and staff on the selection of an architect for the Architect Jamboree Road at Santa Barbara Avenue Fire Station. Selection Committe Motion x Mayor Marshall's nominations were approved and Ayes x x x x x x x Councilman Shelton was appointed as Chairman and Councilman Hirth as a member of the Newport Center Fire Station Architect Selection Committee. • • Volume 23 - Page 92 m COUNCILMEN CITY OF NEWPORT BEACH MINUTES :JLL CALLS oZy�C�+9 October 13, 1969 INDEX Motion x 2. The Mayor and the Freeway Committee were author- Pacific x x x x x x x ized, with the assistance of the staff, to prepare a Coast �es request for the earliest possible presentation to the Freeway State Highway Commission for study of the various alternate routes between the Upper Bay crossing and the westerly city limits of Newport Beach which stay out of the corporate limits of the City of Costa Mesa. 3. Proposed Ordinance No. 1316,. being, Speed Limits AN ORDINANCE OF THE CITY OF NEWPORT San Joaquin BEACH AMENDING SECTIONS 12. 24.045 AND Hills Rd 12. 24.058 OF THE NEWPORT BEACH 0 -1316 MUNICIPAL CODE RELATING TO PRIMA FACIE SPEED LIMITS, decreasing the speed limit from 50 miles per hour to 40 miles per hour on San Joaquin Hills Road between Marguerite Avenue and MacArthur Boulevard, was presented. Motion x Ordinance No. 1316 was introduced and passed to Ayes xxxxxxx second reading on October 27, 1969. In connection with the proposed ordinance regarding Tide- Tidelands lands Use Fees, it was agreed that the staff be requested Use Fees • to prepare a precise inventory of all piers affected and all piers not affected in the lower bay and to prepare a large map with color coding for display in the Council Chambers at the October 27th meeting, and the City Attorney was requested to draft the ordinance at the earliest possible date and to get it to Council and intereste parties. Mayor Marshall stated the regularly scheduled Study • Session for October 20 would not be held. Motion x The meeting was adjourned at 12:50 A. M. to 7:30 P.M., Ayes xxxxxxx October 20, 1969, for a joint meeting with the Planning Commission to review the general plan program and the Newport Tomorrow report, to be held at Mariners Multi- purpose Room. o1) )IAM Mayor ATTEST: • City s Clerk • Volume 23 - Page 93