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Home My WebLink About05/26/1969 - Regular MeetingCITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 257 Minutes of REGULAR MEETING OF THE CITY COUNCIL ; Date of Meeting: May 26, 1969 Time of Meeting: 7:30 P.M. Z a o r m a a ? o Z a m Index Place of Meeting: Council Chambers N z N c N s A X K 2 Roll Call: Present x x x x x The reading of the Minutes of the Regular Meeting of May 12 and of the Adjourned Meeting. of May 19, 1969 was waived and said Minutes were approved as written and Motion ordered filed. Ayes x x x x x HEARINGS: 1. Mayor Marshall opened the public hearing regarding District Ordinance No. 1301, being, Map 4 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 4, • Planning Commission Amendment No. 256, Helena Famularo request to rezone the Bay -Lido Building located north of Via Lido between Central Avenue and Newport Boulevard from a C -1 District to a C -O -H District. No one from the audience desired to be heard on the matter. Mayor Marshall closed the hearing with the unanimous consent of the Council. Ordinance No. 1301 was adopted after the reading of Motion x the ordinance was waived by unanimous consent of the Roll Call: Council. Ayes x x x x x ORDINANCES FOR ADOPTION: • 1. Ordinance No. 1302, being, Council- AN ORDINANCE OF THE CITY OF NEWPORT I. manic BEACH CHANGING AND REDEFINING BOUNDA:- Redistrict- RIES OF ALL COUNCILMANIC DISTRICTS, ing replacing and superseding all prior district numbers and boundaries, was presented for second reading. Ordinance No. 1302 was adopted after the reading of Motion x the ordinance was waived by unanimous consent of the Roll Call: Council. Ayes x x x x x: Page 257 X K 2 CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 258 Z a 7 A `Z Index Mao Z w ff Z A ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1303, being, Special AN ORDINANCE OF THE CITY OF NEWPORT Officers BEACH AMENDING SECTION 5.24. 080, CHAP- TER 5.24, TITLE 5 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO APPLICATION FEE FOR SPECIAL OFFI'CER'S PERMIT, increasing permit fee for special officers employed by private patrol services from $10 to $15, was presented Ordinance No." 1303 was introduced and passed to Motion x second reading on June 9, 1969. Ayes x x x x x x 2. Proposed Ordinance No. 1304, being, AN ORDINANCE OF THE CITY OF NEWPORT Wi BEACH AMENDING SECTION 7.08. 040, CHAP - Animals TER 7.08, TITLE 7 OF THE NEWPORT BEACH MUNICIPAL CODE, RELATING TO APPLICATIOIS FEE FOR A PERMIT FOR KEEPING WILD ANIMALS, setting fee of $15 for a wild animal permit, was pre- sented. Ordinance No. 1304 was introduced and passed to Motion x second reading on June 9, 1969. Ayes x x x x x x 3. A proposed ordinance adding Section 13.16.065, Chap'. Parades ter 13. 16, Title 13 of the Newport Beach Municipal Code, relating to application fee for parades and Motion x motorcades, was tabled. Ayes x x x x x x itreet 4. A proposed ordinance adding Section 12.62.025,.Chap- Mosure, ter 12. 62, Title 12 of the Newport Beach Municipal Aorary Code, relating to application fee for temporary street Motion x closure, was tabled. Ayes 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 x xxxx 1. The following advisory communications were ordered filed: Letter from Mrs. W. E. McNair, 6510 W. Ocean Front, expressing appreciation for their new alley and street and commending City on choice of contractor. Letter from Harvey D. Pease regarding his application for Harbor Permit No. 258 -204. Page 258 Index • • E 0 May 26, 1969 Leaf Thr4 lega and affe requ Le tt a re Cali Mex Agee May Agei me e Exc 4 Corr. hear Orai June Men 7 CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 259 ;ue of California Cities Fourth Legislative Digest. ;e postcards stating that the court case testing the dty of the exchange of lands between Orange Count The Irvine Company concerning Upper Newport Bay :ts Newport Beach more than any other area and esting Council representation in court. �r from the City of San Juan Capistrano enclosing solution urging Congressional hearings in southern Lorna on the subject of narcotics traffic between ico and California. tda of the Board of Supervisors meetings held 13, 14, 20 and 21, 1969• ida of the Local Agency Formation Commission ling for May 28, 1969. :rpt from Minutes of the Local Agency Formation mission meeting of April 23 indicating that the ing regarding the proposed dissolution of the ige County Harbor District had been continued until 11, 1969 at 2:00 P.M. roranda from Local Agency Formation Commission (1) Notice that hearing has been set at 2:00 P.M. on May 14, 1969 on proposed North Ford Area Detachment from County Sanitation District No. 5. (2) Notices that hearings have been set for 2:00 P. M. on May 28, 1969 on the following an- nexations: Annexation No. 63 - West Santa Ana Heights Annexation No. 64 - East Coast Highway - Corona del Mar Annexation No. 65 - The Arches On -Ramp Annexation No. 66 - Santa Ana River and West Coast Highway Annexation No. 67 - La Canada area Proposed annexation to Airport County Servic Area No. 11 designated Tract No. 6636, lying in an area generally bounded by Newport Freeway, MacArthur Blvd. and Main Street, Santa Ana. (3) Memorandum regarding proposed annexation to the City of Costa Mesa designated Back Page 259 CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 260 Index May 26, 1969 ZqY c� (O s ? Z f A a m • Bay No. 1 Annexation outlining the history of this area as it pertains to annexation requests by Costa Mesa and Newport Beach and recom- mending that if the Commission honors the request of the City of Newport Beach for a continuance on Costa Mesa's annexation it be continued until the meeting of June 25, 1969. Letter from State Controller regarding apportionment of trailer coach fees and showing the net amount for Orange County to be $200, 679. 26. Letter from Harbor View School P. F. O. Board com- mending Council for its unanimous support of the recent Newport -Mesa School Bond Election and com- plimenting Council for its vision in establishing the first Liaison Committee between the City Councils of • Newport Beach and Costa Mesa and the Newport -Mesa School Board. 2. The following communications were referred as in- dicated: California Referred to staff for reply, letter from California Bicenten- Museum of Science and Industry stating that it is nial making available space and time for cities throughout CelebratiOlL the State to celebrate California's 200th birthday; the space, provided free of charge, may be booked for durations of four weeks on a first come, first served basis; the museum to provide the services of a Co- ordinator, a Public Relations Department and Museum Security. -iome Referred to .Pending Legislation Committee, letter Rule from Town of Emeryville enclosing a resolution sup- porting home rule and asking that Newport Beach join them by adopting a similar resolution. 3. The following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: ARsess- Resolution No. 6986 declaring Council intention to ment hold a public hearing for the purpose of determining )istrict 53 whether the provisions of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931" should. or should not apply to the proceedings for the construction of certain street improvements in Assessment District No. 53 pursuant to the Improve- ment Act of 1911; setting public hearing for June 23, 1969. Page 260 Index. Balboa Blvd. Widening CITY OF NEWPORT BEACH Volume 22 - Page 261 May 26, 1969 Resolution No. 6987 finding and determining that the public interest and necessity require the acquisition of certain real property for public street purposes, and authorizing and directing the City Attorney to com- mence an eminent domain action to acquire said pro- perty, in connection with the future widening of Balboa Boulevard. (A report from the City Attorney was presented.) Resolution No. 6988 authorizing the execution of an Tract 6565 agreement with Newport Hills, Inc., subdivider, and The Irvine Company, guarantor, for the construction - of street and public improvement in MacArthur Boule- vard in Tract No. 6565. (Report from the Public Works Director was presented.) • Resolution No. 6989 authorizing the Mayor and City Clerk to execute a contract for construction of a Traffic master traffic count station (C -1119) to the low bidder, Count Steiny and Mitchel, Inc. for $5, 543. 00. (A report Station from the Public Works Department was presented. ) Resolution No. 6990 authorizing the Mayor and City Irvine Ave. Clerk to execute a contract with Steiny and Mitchel, Street Inc. for the construction of street lights on Irvine Lighting Avenue from Cabrillo Street to Dover Drive (C -1207) for $4, 337. 00. (Report from the Public Works Depart• ment was presented.) (See further action on page 263) Westcliff Resolution No. 6991 authorizing the Mayor and City Dr. Im- Clerk to execute a contract with Sully- Miller Con- provements tracting Company for Westcliff Drive Improvements, Irvine/ Irvine Avenue to Dover Drive, ( :C -1185) in the amount Dover of $290,189. 00. (A report from the Public Works Department was presented. ) • 4. The City Clerk's referral of the following claims to the Claims for insurance carrier was confirmed: damages Claim of John H. Livingston filed by Grace Martin for Livingston broken water pipe allegedly damaged in December, 1968 by a crew working on a City of Newport Beach public works project. Groves Claim of Mrs. Violet M. Groves for loss of vacuum sweeper allegedly picked up with the trash, and memo randum from Refuse Foreman. • Page 261 COUNCILMEN i m m 1p CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 262 9 Y i c P Z Index May 26, 1969 • Jamboree 5. Plans and specifications were approved for the Jam - Road boree Road median landscaping, Contract 1225, and Median the City Clerk was authorized to advertise for bids to Land- be opened at 10:30 A. M. on June 16, 1969.. (A report scaping from the Public Works Director was presented. 6. Plans and specifications were approved for the Short Short Street bulkhead and Short Street and 32nd Street tidal Street structures, Contract 1224, and the City Clerk was Bulkhead authorized to advertise for bids to be opened at 10:30 A. M. on June 17, 1969. (A report from the Public Works Director was presented.) Alley 7. Plans and specifications were approved for the annual Resurfacg- alley reconstruction and resurfacing program 1968 -69, Reconst Contract 1106, and the City Clerk was authorized to 6y advertise for bids to be opened at 10:00 A. M. on June 17, 1969. (A report from the Public Works Director was presented.) 8. The Council representative to the Orange County Or Co Div Division of the League of California Cities was author - League :. - ized to vote at the June 12th meeting for the adoption Cities '. of the Orange County League of Cities proposed 1969 - Budget 70 budget. (A report from Mayor Marshall was pre- sented.) 9. The City Clerk was authorized to publish a Notice Legal Inviting Bids to be received at or before the hour of Notices.- - 7:30 P. M. on June 9, 1969 for a contract covdring the Publication publishing and printing of all legal notices and other material required to be published in a newspaper of general circulation published and circulated in the City of Newport Beach, for the fiscal year ending June 30, 1970, Contract 1227. At 10. The interim audit report from Stotsenberg, Binder & Report Co. was received and ordered filed. ITEMS REMOVED FROM THE CONSENT CALENDAR: Bal Is 1. A report was presented from the Public Works Channel Director regarding Balboa Channel sewer force main, Sewer Contract 1223. Force Main Plans and specifications were approved for the Balboa Island sewer force main, Contract 1223, and the City Clerk was authorized to advertise for bids to be Motion x opened at 10:00 A. M. on June 16, 1969. Ayes x x x x x A Page 262 F S1 Si Y C T) K N, R %( it CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 263 Index May 26, 1969 • 2. The following Budget Amendments were approved: Motion Roll Call: C -82, $2, 350 transfer of Budget Appropriations for Ayes x x x x x drapes ($550) and 50% ($1, 800) of the cost of an air conditioning and central heating system for the new Police Annex Facilities from Unappropriated Con- tingency Reserve to Police, Services- Prof., Techni- cal, etc., General Fund. C -83, $750 transfer of funds from Building Excise Tax Fund to General Fund for appraisal by Cedric White of land for new fire station site located in vicinity of Jamboree and Santa Barbara. (A report from the City Manager was presented. ) C -84, $45, 000. 00 increase in Budget Appropriations • and increase in Estimated Revenues, Donations & Con- tributions for additional funds for construction of West - cliff Drive Improvements (C -1185) and increase con- tributions of the City of Costa Mesa and of the Orange County Flood Control District toward the project from Unappropriated Surplus, Public Works -Land Improve- ment to Westcliff Drive Improvement, General Fund. 'ire It was the consensus of the Council that the staff ation should explore the possibility of The Irvine Company's to sharing the appraisal fees in connection with the new fire station site located in the vicinity of Jamboree Road and Santa Barbara Drive. .ICA 3. The City Clerk read in full a letter from Rollen -rmd ltr/ Brousard, General Director, Orange Coast YMCA, Aective commending Detective Leo Konkel who was the speaker inkel for their Executive Club luncheon on May 6, and stating that Detective Konkel "not only presented this topic extremely well but was outstanding in his rep- resentation of our police department and gave extreme credit to his profession. " Said letter was ordered filed with thanks and Detective Motion Leo Konkel was commended by the Council. Ayes x x x x x 4. A letter f rom T. R. Barben II requesting that the irking parking meter standards for a number of parking =ter spaces on land owned by the City in the 2800 block off ones West Newport Blvd, be painted blue, was ordered Motion x filed. Ayes x x x x x vine Ave 5. The Public Works Director was directed to negotiate Motion x reet with the Newport -Mesa Unified School District in con- Ayes x x x x x gl,*;,,g nection with their portion of the construction of street lights on Irvine Avenue from Cabrillo Street to Dover Drive, and in the event they wish to participate but do not have funds available thie year, authorization was • given for the City to advance the funds for the District' portion. Page 263 xi St3 P1 Pe Z'1 As B is As Be Po Ne Ha Ch of me CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 264 Index May 26, 1969 X Ix X x CONTINUED BUSINESS: 1. A memorandum was presented from the City Manager eet regarding application of Doris E. Russell for a':Street ant Planting Permit for landscaping and installation of a rmit six -foot high chain -link fence placed below curb level on City property at Ocean Boulevard and Lookout Point, Corona del Mar. Parks, Beaches and Recreation Director Cal Stewart gave a staff -report. The application of Doris E. Russell for a Street Planting Permit was approved, subject to conditions Motion x recommended by the City Manager. Ayes x x I 2. A memorandum was presented from the City Attorney furnishing Council with additional information regardin )erg the proposed Z'berg Assembly Bill No. 2233 in con - sembly nection with State contribution to assist communities 1 in meeting their recreational needs. Parks, Beaches and Recreation Director Cal Stewart gave an analysis of the Bill. The matter was tabled. Motion x Ayes x x x 3. Consideration of the Council Asphalt Berms Policy was phalt postponed until later in the meeting until Mr. Killefer, rms immediate past president of Shore :Cliffs Property Licy Owners Association, arrived. CURRENT BUSINESS: • 1. A memorandum was presented from the Planning Dir- :vport ector regarding request of Jack Barnett, Executive rbor Director of Newport Harbor Chamber of Commerce, amber for waiver of the Use Permit filing fee on application mom- required in connection with their purchase of the rce building formerly occupied by Newport Balboa Savings and Loan Association for use as office facilities. Jack Barnett spoke from the audience and stated that no changes were being made in the Use Permit. Planning Director Larry Wilson reported on events leading up to the expiration of the Use Permit. Subject request for waiver of fees was denied, however a contribution to the Newport Harbor Chamber of Com- Motion merce in the amount of the application fee was ap- Ayes x x x proved. Noes Page 264 X Ix X x CITY OF NEWPORT BEACH Volume 22 - Page 265 Index May 26, 1969 COUNCILMEN C, N Z N Y N Z y0 0 2. A memorandum was presented from the Planning Com- Tract 6947 mission regarding Tentative Map of Tract 6947, 49.25 acres consisting of 8 lots to be developed as a 1304 - unit apartment complex by Gerson -Bakar & Assoc. of San Francisco, located on the northwest corner of Jamboree Road at San Joaquin Hills Road extending west to the vicinity of Back Bay Drive. Planning Director Larry Wilson reported on the findings and conditions recommended by the Planning Commission. Charles Griffin, a Balboa Island resident, spoke from the audience and requested that Lot 4 be preserved as a natural park. • Councilman Hirth made a motion to approve the Tenta- tive Map of Tract 6947 subject to the twenty =two con- ditions set forth in the Planning Commission Minutes dated May 15, 1969, with the exception of deletion of Conditions. Nos. 11 and 12 relative to Back Bay Drive, and to the condition that The Irvine Company would write a letter stating that they would assume responsi- bility for the ultimate development of Back Bay Drive. Dick Reese and Hugh Scallon, representing The Irvine Company, protested such a letter being made a con- dition of approval. Councilman Hirth amended his motion, and the Tenta- Motion tive Map for Tract 6947 was approved subject to the Ayes x x x x x twenty -two conditions recommended by the Planning Commission as set forth in their Minutes of May 15, 1969 with the exception of Conditions Nos. 11 and 12, and the City Clerk was directed to make a transcript • of statement made by Mr. Ray Watson of The Irvine Company at the afternoon Study Session relative to Back Bay Drive and to encorporate the transcription into the records as an attachment hereto. Due to the arrival of Mr. Killefer, immediate past presi- Asphalt dent of the Shore Cliffs Property Owners Association, the Berms matter of the proposed Council Asphalt Berms Policy was Policy considered. Councilman Gruber made a motion to adopt the Asphalt Berms Policy as previously submitted. John Killefer, representing Shore Cliffs Property Owners Association, requested that Shore Cliffs be allowed to experiment with some kind of bumps on the City -owhed : . streets in their community. Page 265 CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 266 Index mnT 9.A. 7 qk�q i m\ • Councilman Hirth made a substitute motion to give per- mission to any community which could show that two - thirds of its residents supported an experiment with berms; that the City pay for the berms, with the understanding that at any time the City considered them to be undesirable, the City could take them out; and during the experiment, the City staff would conduct a study of the profile and design of the berms. Councilman Rogers requested Councilman Hirth to accept an amendment to his motion by deleting the two -third resi- dent approval requirement and adding that only one experi- mental project at a time be undertaken. A vote was taken on Councilman Hirth's amended substitute Motion motion to give Council approval to community associations Ayes x • requesting berms on dedicated streets on an experimental basis, the City to pay for the berms with the understanding Noes x x x that if they are thought to be undesirable they would be re- moved by the City, studies of such experiments to be made by City staff, and only one experiment to be permitted at a time, which motion, failed. adoption. The matter was tabled. Motion Ayes x x Noes x x CURRENT BUSINESS CONTINUED: 3. Memoranda from the Planning Director regarding the Tract 6680 findings of the Planning Commission in connection with the Final Map of Tract 6680, 44.54 acres divided into 6 lots for industrial use, located east of Jamboree Road and north of Bison Road, zoned P -C, and re- garding the Planning Commission's approval of the • addition of a parcel of land approved for Edison Com- pany substation to Tract 6680 as a numbered lot with- out requiring new tentative map proceedings, were presented with a memorandum from the Public Works Department. Ray Kimmey, representing The Irvine Company; stated that the Irvine Ranch Water District would pro- vide the sewer service and the City would provide the water to subject tract. The Final Map of Tract 6680 was approved subject to Motion x the conditions recommended by the Planning Com- Roll Call: mission, and the following resolutions were adopted Ayes x x x x after the reading was waived by unanimous consent of the Council: Resolution No. 6992 authorizing the execution of an agreement with Irvine Industrial Complex, Page 266 i m\ CITY OF NEWPORT BEACH Volume 22 - Page 267 Index Mn,, ?A 1 QAQ COUNCILMEN \,11AS\X01 Z N f( 1 7 m (p x subdivider, for the construction of improvements in Tract No. 6680. Resolution No. 6993 authorizing the Mayor and City Clerk to execute an agreement for the im- provement of Jamboree Road adjacent to Tentative Tract 6652. 4. A memorandum was presented from the City Attorney Civic regarding acquisition of the Civic Center property. Center 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: Resolution No. 6994 determining and declaring that the public interest, convenience and necessity of the City of Newport Beach requires the acqui- sition of certain real property to be used by said City as the site for a Civic Center complex, and declaring the intention of the City to acquire said property under eminent domain proceedings, and directing the City Attorney of said City to com- mence an action in the Superior Court of the State of California, in and for the County of Orange, for the purpose of acquiring said real property. Resolution No. 6995 authorizing the execution of an agreement with The Irvine Company entitled "Agreement for Purchase and Sale under Threat of Eminent Domain" which provides for the pur- chase by the City of property in the Newport Center for use as a Civic Center site. Resolution No. 6996 authorizing the execution of a.Promissory Note payable to The Irvine Company on behalf of the City relating to the Civic Center property in the Newport Center. Resolution No. 6997 authorizing the execution of a Ground Lease between the City and The Irvine Company relating to the Civic Center property in the Newport Center. Doctor Washbun spoke from the audience and com- mended the Council for doing a fine job and suggested that the citizens be informed of what the Council has accomplished in connection with the Civic Center pro- perty acquisition. It was the consensus of the Council that the City At- torney would prepare a summary of the results of the negotiations which would be made available to the public. Page 267 1 7 m (p x Index • OrCo Airport Noise Abateme: • • Beach Front Flood Debris Annex 63 W. Santa Ana Heig CITY OF NEWPORT BEACH Volume 22 - Page 268 Mav 26, 1969 COUNCILMEN N Z N x cl= 5. A memorandum was presented from the Air Traffic Advisory Committee regarding airport noise problems. The recommendations of the Air Traffic Advisory 'it Committee were approved, and the following actions Motion x were taken: Ayes x x x x x 1. The staff was instructed to investigate the merits of City support and membership in a new national organization of cities now being formed under the impetus of Mayor William Goedike of Inglewood, California, to combat the increasing irritation of jet aircraft noise. 2. The staff was instructed to study and report on the advisability and techniques of requiring suit able sound deadening materials to be used in all new structures built in the zone of influence of the Orange County Airport. 3. The City of Newport Beach was authorized to officially solicit'the cooperation of all com- mercial airlines operating from Orange County Airport to install reduced smoke and noise suppressor devices on their jet aircraft. Mayor Marshall commended the Air Traffic Advisory Committee on their- study and recommendations. It was the consensus of the Council that a letter should be written to the Airport Commission and the Board of Supervisors referring to Phase I of the Pereira Report and asking what steps have been taken for the long range planning for control of noise abatement. ADDITIONAL BUSINESS: 1. Resolution No. 6998, stating the Council's position concerning the closure of Prado Dam, 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 2. Planning Director Larry Wilson reported on proposed deletion of a portion of the area involved in Annexation No. 63 (West Santa Ana Heights). It- The staff was instructed to submit a revised map and Motion legal description to the Orange County Local Agency Ayes x x x x x : Formation Commission, deleting southeasterly portion of proposed West Santa Ana Heights Annexation, con- sisting of all that area east of the westerly line of lots fronting on the west side of Acacia Street between Mesa Drive and Orchard Drive. Page 268 x cl= CITY OF NEWPORT BEACH Volume 22 - Page 269 Index Mav 26. 1969 COUNCILMEN \01�c\i; \tx\soi � ff m P X x x x x x x X X.X. x The meeting was recessed at 10 :30 P.M. for an Executive Session to review individual positions, classifications and salary in the proposed Salary and Benefit Survey and Recommendations dated May, 1969. The meeting reconvened at 11:45 P.M. The Salary and Benefit Survey and Recommendations dated May, 1969, as submitted, was approved, and a decision on Motion x the salaries to be paid to Council appointees was deferred Ayes x x x to a later date. Councilman Gruber's request to be absent from the State Motion x from June 12 to July 7, 1969 was approved. Ayes x x x Mayor Marshall's request to be absent from the Country Motion x from May 29 to June 2 was approved. Ayes x x x • Councilman Rogers' request to be absent from the State Motion from June 4 to June 6, 1969 was approved. Ayes x x x The meeting was adjourned at 11:50 P. M. to 7:30 P. M. , Motion x June 4, 1969. Ayes x x x Mayor ST: City Cle k • Page 269 m P X x x x x x x X X.X. x Ll May 29, 1969 TRANSCRIPT FROM AUDOGRAPH RECORD RECORDED AT THE STUDY SESSION HELD MAY 26, 1969, IN CONNECTION WITH THE ,PROPOSED GERSON BAKAR APARTMENT COMPLEX (TENTATIVE MAP OF TRACT 6947), AND DISCUSSION WITH THE IRVINE COMPANY REGARDING ITS RESPONSIBILITY TOWARD THE ULTIMATE IMPROVEMENT OF BACK BAY DRIVE. (Discussion prior to the following transcript took place away from the mike and is too garbled to transcribe.) Mayor, Doreen Marshall: Ray, I'm wondering whether there would be any value in some informal communications between the City and The Irvine Company just as far as its feelings toward. the Back Bay Drive are concerned. Councils cane and go, and maybe you're here longer than we are, but I think we have tried very hard to make the City's views,as far as the ulti • mate for Back Bay Drive, clear even though it may not always agree completely with what the Company may envision. Ray Watson, Vice President of Land Develop- ment, The Irvine Company: That's right. Mayor: You know, people who are on the Council in the future may 'think there was this understanding and there may be a clouded area.. I just wonder whether it would be beneficial if we had in writing, on an informal basis, our general understanding as far as, first the City's hope for Back Bay Drive and your acceptance of involvement or future cooperation. Not that I'm saying that you're going to agree that it will follow the water line all the way, that's not what I have in mind, but just getting some understanding down in writing as to the content of our conversation here this afternoon. Mr. Watson: I think it's possible to put something in writing. I'm more impressed, • however, with, and I think that we can have discussions that would give some sense maybe to what our position might be. We have of late, and I think rather naturally, been rather reluctant to want to discuss at any great length the Back Bay. It's'a very emotional issue. The sides have drawn camp very tightly. It is not an atmosphere in which you can have discussions; and we're saying if we're going to have to go through that, we will. When this matter is settled either one way or the other, let's put-all that energy at that time, and 'let's not talk about where roads are going to go and where development is going to be or not going to be, because there are certain groups who do not want to do anything. Other groups who want to use it for this and another group who wants to use it for something else, and we know - what I'm trying to say is, I'm impressed with the fact that no matter what we do, we're going to have to cone to some form of an agreement with the City of Newport Beach, and that rather than piecemeal this thing or pre-set our views to hard lines with regard to what that might be, when the day of reckoning ones, let's all say OK you cite what your goals are and we'll cite what our goals are and see if we can't cone up with some mutual plan, but you've got the lever. I mean, you've got to approve that plan, and it isn't just a plan for a portion of it, it's a plan for the whole Back Bay. So in response, I think we'd be happy to meet. I don't know haw I'd structure a letter other than to sort of generally talk about the .subject, but we'd certainly be willing Page -1- EXHIBIT May 29, 1969 TRANSCRIPT FROM AUDOGRAPH RECORD RECORDED AT STUDY SESSION HELD MAY 26, 1969. n LJ Joe Devlin, Public Works Director: Madam Mayor, I'd like to bring up just one point, a Public Works point of view, and that is that ordinarily when land is developed, let's use Jamboree Road for example, the property on this side would pick up a share of the street and the property on this side would pick up a share of the street. If it's an arterial street, —the City contributes to anything over 40 feet in curb separation. Now, in this particular area, ordinarily one - halfthe street would be the obligation of Gerson - Bakar. Now, if the Page -2 -_ EXHIBIT to abide by the ordinances in which we have to come down here and meet with you and we want to do it willingly and openly. I don't think we would want to commit that we are going to put it in this alignment or that alignment. Mayor: No, I don't think the City really has (garbled) . . . ideas either. Councilman Shelton: Don't we have to concede, all of us, that at this point in; history we don't know whether Back Bay Drive's ultimate destiny is a two -lane, scenic road or whether it's a major street. It isn't a major street now, it's a secondary for part of its length, then its a local collector and the only question I would have with respect to the Bakar develoment is, I could con- ceive that eventually it becomes an important arterial from the standpoint of circulation, both in terms of what happens at the water level and what happens above, so that the connectim between the extension of San Joaquin Hills down to Bayside Drive which you see now is not important to the Bakar development. Some day maybe, it may be the secondary access to that com- munity of people who live there when Jamboree is not the easiest or most • desirable route to take, and to this extent you take your view of what should be done. It seems to me The Irvine Company is setting aside - is potentially assuming a greater burden with respect to the improvement of Back Bay than you would be assuming if it were made part of the Bakar environment today. Mr. Watson: Well, our agreement with Mr. Bakar is that no matter what happens, he has no responsibility to the Back Bay Road. Councilman Shelton: Oh, well, I didn't . . . . (Garbled) Mr. Watson: That's because of our belief that this.should be.- I'd like to use your argument, and open that negotiation. (Laughter) Councilman Shelton: I guess you've turned that corner. I was just giving you an opening, I hoped. Mr. Watson: Bob, let me say this. I, personally, have a view, and I'm not saying it here as part of this negotiation or discussion to influence this matter, • but I think that one of the issues that's going to come out and should come out of the development of the Back Bay is, whether it should be a secondary road or not, you know, as to whether it should be a highly travelled road or not, whether it should be a more meandering, winding, scenic road or what it should be, what volumes of traffic begin to destroy the quality of the road as a pleasurely road for all people of the com- munity to use versus a secondary egress from a large high - density project. Maybe you,would want to design it in such a way you would discourage those people from coming down here and using it. There are so many issues that are involved in the Back Bay that are volatile and unanswerable now, and I reiterate, I think that you really have t}e leverage that you need to solve those issues. I hate to see them get half- solved piecemeal, and I'd really like to sort of avoid them if I can., Joe Devlin, Public Works Director: Madam Mayor, I'd like to bring up just one point, a Public Works point of view, and that is that ordinarily when land is developed, let's use Jamboree Road for example, the property on this side would pick up a share of the street and the property on this side would pick up a share of the street. If it's an arterial street, —the City contributes to anything over 40 feet in curb separation. Now, in this particular area, ordinarily one - halfthe street would be the obligation of Gerson - Bakar. Now, if the Page -2 -_ EXHIBIT May 29, 1969 TRANSCRIPT FROM AUDOGRAPH RECORD RECORDED AT STUDY SESSION HELD MAY 26, 1969. • Council does not go along with this recommendation, the question arises, "who has the obligation for the easterly portion," and perhaps The Irvine Company in their letter could indicate that the requirements in excess of the capital improvements would be the responsibility of the lowlands, then at least this problem wouldn't be something that the City would face in the future. Councilman Shelton: I think that Ray has already almost implied this, and maybe this is the way out of a dilemma. (Garbled conversation with several speaking) Councilman Shelton: Ray, you got the significance of what Joe was saying. I think you almost said the same thing two or three times. Mr. Watson: That's right. As a matter of fact I'm not even sure our arrangement both in The Bluffs and in this area even makes it possible for us to develop on The Bluffs' side of the road, you know, back of these • scenic easements . . . . Councilman Shelton: What Joe is saying, if you aren't able to develop on that side, you're still .....prepared ?..(sounds like) .... under the circumstances to fulfill the obligations of the owner on both, sides short of the arterial street obligations ......(garbled). Garbled (Two speaking) Mr. Watson: Councilman .. Shelton: Mayor: • (Garbled) ..... we have ..... ..(garbled) . we have to accept that responsibility. Other than that, I don't see any problem. It's been a very healthy discussion. Any other questions? 0 Page -3- EXHIBIT