Loading...
HomeMy WebLinkAbout02/24/1969 - Regular MeetingP1 R( C( Z( CITY OF NEWPORT BEACH Volume 22 - Page 177 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: February 24, 1969 Time of Meeting: 7:30 P.M. Index Place of Meetine: Council Chambers COUNCILMEN Z p y r p c m x X Roll Call: Present x x x x x The reading of the Minutes of the Regular Meeting of February 10 and of the Adjourned Meeting of February 18, 1969 was waived and said Minutes were approved as Motion x written and ordered filed. Ayes x x x x x HEARINGS: 1. Mayor Marshall opened the continued public hearing .kg regarding Ordinance No. 1292, being, imts >m'1 AN ORDINANCE OF THE CITY OF NEWPORT )nes BEACH ADDING SECTION 20.08. 191 TO CHAPTER 20. 08 OF TITLE 20 OF THE NEW- PORT BEACH MUNICIPAL CODE RELATING TO OFF - STREET PARKING REQUIREMENTS FOR COMMERCIAL_ ZONED DISTRICTS, Planning Commission Amendment No. 246, was presented for first reading of amended ordinance. A letter from Hugh Mynatt summarizing his state- ment opposing the alteration and restoration of damaged and destroyed buildings clauses at the February 13 meeting and recommending that the matter be held over for further study and evaluation of alterations, was presented with a letter from Burton Zoul opposing any ordinance which would require merchants and owners of commercial property to furnish off - street parking for their customers. • Jack Barnett, Executive Director of the Newport Harbor Chamber of Commerce, spoke from the audience and urged commercial business owners in areas where there is no parking to get together and create parking districts. Arvo Haapa, owner of the Ensign, requested that the condition requiring restoration work to commence within six months after damage or destruction to a building occurs be changed to twelve months. Acting Planning Director Daren Groth stated the six months period was consistent with the rest of the zoning code. Bruce Lindsey stated that because of the time element involved in arranging financing, twelve months would be a reasonable period. Page 177 c m x X ra v H A H I CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 178 2 \ 7 7 c c` P n Z �Z `o1a Index Fhra.ry 24. 19ii9 P Ordinance No. 1292 was amended to allow twelve months instead of six months as set out in Section 4 (a) for the restoration period and the hearing was con- Motion x tinued to March 10, 1969 for second reading of the Ayes x x xxx x amended ordinance. Noes x ORDINANCES FOR INTRODUCTION: 1. Ordinance No. 1294, being, uilding xcise Tax AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 3. 12, ENTITLED "PROPERTY DEVELOPMENT TAX ", TO PROVIDE FOR AN INCREASE IN THE RATES OF THE EXCISE TAX IMPOSED UNDER SAID CHAPTER, increasing the Building Excise Tax fees on residential and on new commercial and industrial properties, was presented with a memorandum from the City Manager. Ordinance No. 1294, as amended, was introduced Motion x and passed to second reading on March 10, 1969• Ayes x x x x x x x CONSENT CALENDAR: The following items were approved by one motion affirming Motion x the actions on the Consent Calendar: Roll Call: Ayes xxx xxx x 1. The following advisory communications were ordered filed: r Air- port Legal opinion from the City Attorney regarding legal rise authority of cities to regulate aircraft noise. ?atement Resolution of the Board of Supervisors stating that kr Dist the Board is on record as being opposed to reim- .ss. bursing the City of Newport Beach for costs of operating Newport Harbor in the event the Orange County Harbor District is dissolved. Notice of the Local Agency Formation Commission of hearing to be held February 14 on the proposed annex- ation to Costa Mesa Sanitary District designated Engineers No. 116. Agenda of the Board of Supervisors meetings held February 11, 12, 18 and 19, 1969. Page 178 CITY OF NEWPORT BEACH ,,jIgdex February 24, 1969 Letter from the League League of appointments of League Calif Cities following Newport Beac Cmtes Committee on Annexatii Committee on Revenue Committee on Tideland; Committee on Water Qi; Management. Harbor Letter from the Califor View /Mac stating that at its meeti Arthur Pomona, the City of Ne connection to the east s Arthur Boulevard) and ] heard and the City will by the Commission llp03 • Postcards from Amelia asking Council to use it prevent destruction of t Postcard from Teddy J( at Eastbluff and Jambox neer's reply. Unified Letter addressed to Ma School Cunningham, Superinte3 Dist. School District, stating staff and student body e. preciation to the Counci given them in the recen 2. The following communi< indicated: C* Referred to staff for sti Cablevision, Inc. reque Beach CATV franchise to Newport Beach Cable SB 4 Referred to Pending Le of the city of Long Beac Bill 4 introduced in the Legislature by Senator Alley Prkg Referred to staff for sh Prohibi- Williams regarding pro. tions setbacks with accompan Volume 22 - Page 179 COUNCILMEN of California Cities regarding committees, including the h appointments: Tully Seymour, >n; Mayor Doreen Marshall, and Taxation; Harvey Hurlburt, ;; Councilman Paul J. Gruber, ality Control and Solid Waste nia Highway Commission ng of February 20 and 21 in wport Beach's request for a ide of existing Route 73 (Mac ;arbor View Drive will be be notified of any action taken i request. G. and C. Addison Van Loenen s influence and authority to ae Upper Newport Bay. )nes requesting a traffic signal ee and copy of Traffic Engi- yor Marshall from Wm. ;dent of Newport -Mesa Unified that the Board and entire Ktended their thanks and ap- t for the tremendous support t Bond Election. :ations were referred as ;dy and report, letter from FCB sting transfer of the Newport .rom Pacific Cablevision, Inc. vision, Inc. ;islation Committee, resolution h urging support on Senate 1969 session of the State H. L. Richardson. ;dy, letter from Mrs. June iibition of parking in alley ying correspondence. Page 179 CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 180 Index February 24, 1969 '0 Referred to staff, letter from Balboa Coves Community Npt Frwy Association stating its support of the green -blue route extension of the Newport Freeway and requesting information from and discussion with the City regard- ing access roads, property values and timing. Costa Referred to staff for study and report, letter from Mesa Costa Mesa Sanitary District stating that the Board of Sanitary Directors at its meeting held February 5 declared its Dist. intention to commence detachment proceedings under the District Reorganization Act before the Local Agency Formation Commission to detach all propertie from the District which lie within the City limits of the City of Newport Beach. Surfing Referred to City Manager for approval, request of Contest Terri Eselun, Secretary of District 5 of the Southern • Surfing Association, requesting use of the ocean front beach for a surfing contest to be held March 22 and 23. 3. The following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: Reach Resolution No. 6930 commending the "Reach Com- Cmte mittee" for leadership, dedication and commitment to the continuing provision of superior quality health care to the community. Asmt Resolution No. 6931 declaring intention to order Dist 51 certain changes in the work to be performed within Assessment District No. 51 pursuant to the "Improve- ment Act of 1911 ", and setting the matter for public hearing on March 10, 1969. Resolution No. 6932 authorizing execution of a Quit- claim Deed releasing the City's interest in a public Von Essen utility easement to the owner of record of Lot 7, Quitclaim Tract No. 802. Master Resolution No. 6933 amending Nos. 18, 19 and 20 to Plan Strs the Master Street and Highway= Plan; No. 18 includes & Hwys that section of Bison Avenue extending from Jamboree Amendmts Road to MacArthur Boulevard, No. 19 changes the designation of that section of Bonita Canyon Road be- tween Palisades Road and MacArthur Boulevard from a major street to a secondary street, and No. 20 in- cludes that section of Avocado Avenue extending from Coast Highway to San Joaquin Hills Road. 0 Page 180 CITY OF NEWPORT BEACH Volume 22 - Page 181 Windex February 24, 1969 Pacific Resolution No. 6934 requesting that the California Coast and Highway Commission order a revision in the con - CdM Frwys struction schedule for segments of the Corona del Mar and Pacific Coast Freeways in order to meet mounting traffic demands. Business 4. The following business licenses were approved: Lic. Application of Phil Hansen to hold a one -day auction of equipment and parts for Bykirk Diesel Company on March 1, 1969 at 420 31st Street. City Manager's prior approval of application of Mannie Feigenbaum to hold a one -day auction of machinery held February 20 at 896 Production Place. 5. The request of Allen Temple, Chairman of the Crime Prevention Committee of the Exchange Club of Exchange Newport Harbor, to place "Lock Your Car" stickers Club on parking meters within the City was approved Stickers subject to conditions established by the City Manager. (Report from the City Manager was presented.) Tract 6565 6. The plans and specifications were approved for the Prk Impry Buffalo Hills Park Improvements, C -1210, and the City Clerk was authorized to advertise for bids to be opened at 10:00 A. M. on March 18, 1969. (A report from the Public Works Director was presented. ) EDP 7. The City Manager was authorized to enter into an ex- tended two -year agreement of the current contract with NCR 500 Series Electronic Data Processing System to take advantage of a rental charge reduction, and to modify the contract to include replacement of the present card readers with new high speed card readers. (Report from the City Manager was presented.) Adams & 8. The City Manager was authorized to retain the Brookhurst services of Tait Appraisal Company to update the Cty prop Brookhurst and Adams property appraisal report dated May 5, 1966, at a cost not to exceed $375. 00. (A report from the City Manager was presented. ) Custodial 9. The City Manager was authorized to purchase Equip custodial maintenance equipment to improve efficiency of new Custodial Maintenance Division. (A report from the City Manager was presented.) Page 181 COUNCILMEN � c+ pptm Index February 24, 1969 • • CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 182 10. The following Budget Amendments were approved: C -45, $69, 355. 92, being a net increase in Fund Balance, a net increase in Budget Appropriations of $17; 744. 08, and an increase in Revenue Estimates of $87, 100. 00 in Building Permits, Plan Check Fees, and Engineering Service Fees, General Fund. C -46, $6, 983. 72, being a net increase in Fund Bala a net decrease in Budget Appropriations of $403. 72; and an increase in Revenue Estimates of $6, 580. 00, Corona del Mar Parking Lot, Park and Recreation Fund. C -47, $3, 240. 76, being a decrease in Fund Balance, a net increase in Budget Appropriations of $2, 780. 76, and a decrease in Revenue Estimates of $460. 00, Donations and Contributions, Library Fund. C -48, $84, 000. 00, being a decrease in Fund Balance, and a decrease in Revenue Estimates, Municipal Court Fines, Traffic Safety Fund. C -49, $11, 435. 00, being an increase in Fund Balance and an increase in Revenue Estimates, Parking Meters and Parking Meter Receipts (Off- Street), Parking Meter Fund. C -50, $8, 605. 00, being a decrease in Fund Balance and a decrease in Revenue Estimates, Balboa Parking Lot, Tide & Submerged Lands Fund. C -51, $11,814.65, being a decrease in Fund Balance, and an increase in Budget Appropriations, various capital improvement projects, Capital Improvement Fund. C -52, $116,85.0.06, being an increase in Fund Balance, an increase in Budget Appropriations of $150.00, and an increase in Revenue Estimates of $117, 000. 00, Construction Tax and Interest Income, Building Excise Tax Fund. C -53, $9, 105. 00, being a net decrease in Fund Balance, a net increase in Budget Appropriations of $1, 145. 00, and a decrease in Revenue Estimates of $7, 960. 00, Sale of Water, Water Fund. C -54, $1, 015. 00, being an increase in Fund Balance, and a decrease in Budget _Appropriations of $1, 015. 0( Marinapark Fund. A memorandum was presented from the City Manager regarding Annual Budget Adjustments, C -45 through C -54. Page 182 Index • Newport Marina • • CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 183 February 24, 1969 C -55, $375. 00 decrease in Fund Balance and an increase in Budget Appropriations for updating of Brookhurst and Adams property appraisal, to Services - Professional, Technical, etc. , Water Fund. C -56, $2, 267. 00 transfer of Budget Appropriations for purchase of Custodial Maintenance Equipment from Unappropriated Contingency Reserve, General Fund, to Building Maintenance, Equipment, N. O. C., Genera. Fund. C -57, $5, 400. 00 transfer of Budget Appropriations for the completion of bulkhead work at the end of Washington Street at Newport Bay from Unappropriatec Contingency Reserve, General Fund, to Bulkhead - Washington Street at Newport Bay. (A report from the Public Works Director was presented.) C -58, $803.69 transfer of Budget Appropriations for additional funds for remodeling of City Hall from Unappropriated Contingency Reserve, General Fund,to Remodel City Hall Officers, General Fund. (A report from the .Public Works Director was presented. ) ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Letters urging that a feasibility study be made of the proposed Genoa Marina and West Newport breakwater were presented from the following: Howard J. Stock; W. R. Hudson, Jr., President of the Newport Shores Community Association; Robert McCurdy, President, Marine Division, Newport Harbor Chamber of Com- merce; John B. Hoag; Edward W. Burke; Larry A. Miller; Wm. D. Richardson; Paul O'Shea, President, California Automotive Research; L. A. Fleener; Carl W. Coslow and Robert H. Grant. Letters opposing a feasibility study of a West Newport breakwater and marina were presented from the following: Elaine Smith, James G. Stamp, Evie Truxaw, H. K. Mellor, Leon L. Hastings and Mrs. Naomi B. Hastings, Clara and Howard Wight, Mrs. W. E. McNair, R. H. Clucas, Horace W. Brower, Anita Husen, E. A. Linacher, Helen Home, Marilyn G. McInnis, Mr. and Mrs. Robert Eastman, T. Osca: Clevidence, Don S. Ferguson, Virginia McKibbin, Margaret E. Hall, Frank H. McKibbin, Harry N. Bane, Mrs. R. Banbury, Mr. and Mrs. Mort Aden, Garvin F. Shallengerger, Merrill E. Skilling, Russell E. Eastman, Donald J. Foster, Mrs. Alan A. Erhart, Mr. and Mrs. Gilbert Mitchell, Mrs. Edward Mohr, Mr. and Mrs,.- :A. L.. Erickson, Mr. and Mrs. Gilbert Foljambe, James P. Edwards, Page 183 r1 lJ • Harb Dist Dis s • CITY OF NEWPORT BEACH Volume 22 - Page 184 February 24, 1969 Samuel J. and Sue W. Grasso, Erwin C. Jones, Laurieanne Sconce, Mr. and Mrs. Jerry Sconce, Mr. and Mrs. Kirk Lamb, Mr. and Mrs. Bruce Lamb, Mr. and Mrs. A. H. Jones, Mr. and Mrs. J. R. Janssen, Miles B. and Joan M. Larson, Mr.. and Mrs. Fred A. Nunlist, Dr. Joseph Carpentieri, Russell C. Griffith, Kay Pecaut, Robert H. Gallivan, E. L. Welge, Mrs. H. Plasterer, Mary B. Lavender Sylvia and Mel Norman plus Lynn, Gwen and Jann, Anita B. Vogelzang, Mrs. W. J. Willis, Jr., Harriet M. Brewer, Judge and Mrs. Phillip R. McGraw, Edward Bress, Max Colwell, Mrs. P. A. Pilling and Steve McElrath. Richard Clucas, Margot Skilling, Ralph Watson, Margaret Hall and Merrill Skilling spoke from the audience opposing afeasibility study of an ocean front breakwater. P. R. Vogel, Jim Reed and William Hudson, Jr. spoke from the audience urging a feasibility study of the proposed Genoa Marina and ocean front breakwater. Councilman McInnis made a motion to request the U.S. Army Corps of Engineers to conduct an initial feasibility study of the proposed West Newport inland marina, known as the Genoa Marina, with the explicit provision that maximum thought and effort be applied to assuring the preservation of the natural shore line and ocean beaches of the City of Newport Beach; and that the study is to be undertaken without cost or obligation by the City. Vice Mayor Parsons made a substitute motion to request the U. S. Army Corps of Engineers to make a preliminary study of all plans as submitted by Mr. Stephen Auld, which motion failed to carry. A vote was taken on Councilman McInnis' motion, which motion carried. CONTINUED BUSINESS: 1. A draft of reply to Assemblyman John Briggs pre- pared by the Harbor District Ad Hoc Committee in connection with the proposed dissolution of the Harbor District, was approved. Page 184 Motion Motion Ayes Noes Ayes Motion Ayes COUNCILMEN A D T: M NJ Ai 1W CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 185 '0 Y za'N'y�1 Index February 24. 1969 i Z^ icier EL CURRENT BUSINESS: smt 1. A memorandum was presented from the Public Works ist 52 Director regarding preliminary report on proposed Harbor Highlands Street Lighting Special Assessment District (Assessment District No. 52). The City Attorney was directed to prepare two reso- Motion lutions of intention for consideration on March 10, Ayes x x x x s determining that public convenience and necessity require the construction of street lights and sidewalks and that a Special Assessment District to construct said lights and sidewalks in Harbor Highlands will be formed, and seating a date for a public hearing. Z. A memorandum was presented from the Acting • Planning Director regarding the findings of the Planning Commission in connection with the Final ract 6624 Map of Tract 6624 (Tentative Tract 6565), proposed subdivision of 26.06 acres divided into 107 residential lots located east of MacArthur Boulevard and south of Ford Road, was presented with a memorandum from the City Attorney. The Final Map of Tract 6624 was approved subject to conditions recommended by the Planning Commission, and the following resolutions were adopted after the Motion x reading of the resolutions was waived by t:.nanimous Roll Call: consent of the Council: Ayes x x x x 3 Resolution No. 6935 authorizing the execution of an agreement with the Donald L. Bren Company, subdivider, for construction of improvements in Tract 6624. Resolution No. 6936 authorizing execution of an agreement with Newport Hills, Inc., subdivider, for the construction of public improvements in Tracts Nos. 6623 and 6624. aster 3. A memorandum was presented from the Acting an Planning Director regarding the findings of the nenrimt Planning Commission in connection with Master Plan 3 &R Amendment No. 21 which proposes to amend the Parks, Beaches and Recreation element of the City's Master Plan to include a plan for the location of a network of bicycle trails within the City of Newport Beach. Resolution No. 6937, amending the Parks, Beaches and Recreation elements of the Master Plan, 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 Page 185 icier EL 1dex W City Clerk Ver Halen, C. J. L- J Cr r ant, K obt. H. • City Mgr ^HFP 'roject 968 -69 CITY OF NEWPORT BEACH Volume 22 - Page 186 February 24, 1969 4. The City Clerk's attendance at a pre- conference Parliamentary Law course was approved and the transfer of necessary funds was authorized. APPLICATIONS - HARBOR PERMITS: 1. A memorandum was presented from the City Harbor Coordinator regarding the request of the Bay Island Club to revoke Harbor Permit No. A -800 issued to Mr. C. J. Ver Halen, No. 21 Bay Island. Harbor Coordinator George Dawes gave a staff report Joseph Horton, Vice President of the Bay Island Club, spoke from the audience and requested that a public hearing be set as quickly as possible. Peter C. Ver Halen, representing C. J. Ver Halen, spoke from the audience and stated that he felt this was a civil matter rather than a matter for the City Council. A public hearing was set for March 10, 1969 to determine whether Harbor Permit No. A -800 should be revoked. 2. A memorandum was presented from the City Harbor Coordinator regarding Harbor Permit Application No. 133 -42 of Mr. Robert H. Grant, 42 Linda Isle Drive, to construct a double slip bayward of 42 Linda Isle Drive. Harbor Coordinator George Dawes spoke briefly on the matter and stated that an Orange County Harbor Permit had been obtained. Harbor Permit Application No. 133 -42 was approved. ADDITIONAL BUSINESS: 1. Public Works Director Joseph Devlin was designated as Acting City Manager during the absence of the City Manager and Assistant City Manager while attending a City Managers' conference in Monterey. 2. A memorandum was presented from the Public Works Director regarding revisions to the 1968 -69 Arterial Highway Financing Program (AHFP) due to cancel- lation of an AHFP Garden Grove project. Page 186 Motion Ayes Motion Ayes Motion Ayes Motion Ayes COUNCILMEN AM dex ,W OrCo Airport Oper/ Develop 'ivic .enter �1 U CITY OF NEWPORT BEACH Volume 22 - Page 187 February 24, 1969 The following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: Resolution No. 6938 requesting the County of Orange to include within the Arterial Highway Financing Program the development of Westcliff Drive, Newport Beach. Resolution No. 6939 requesting the County of Orange to include within the Arterial Highway Financing Program an additional appropriation for the development of 32nd Street, Newport Beach. 3. The following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: Resolution No. 6940 opposing the use of Orange County Airport to serve the Pacific - Northwest. Resolution No. 6941 requesting that the Orange County Board of Supervisors take a position op- posing the use of Orange County Airport to serve the Pacific - Northwest as proposed in the pro- ceeding now pending before the Civil Aeronautics Board. 4. The Mayor was authorized to send a letter to the Orange County Board of Supervisors reaffirming the Council's intention to develop a Civic Center complex in the Newport Center, as stated in Resolution No. 6922, and to unconditionally guarantee to the Board of Supervisors that the City will make available sufficient parking for the proposed County Court facility. Mayor Marshall was authorized to attend the National League of Cities Congressional -City Conference to be held in Washington, D. C. March 29 - April 1. The meeting was adjourned at 9:40 P.M. Page 187 COUNCILMEN Motion Roll Call: Ayes Motion Roll Call: Ayes x x x x x x xx Motion x Ayes x xx xx xx Motion x Ayes x x x Motion x Ayes xxx x x