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