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HomeMy WebLinkAbout06/09/1969 - Regular MeetingCITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 271 Minutes of REGULAR MEETING OF THE CITY COUNCIL ; Date of Meeting: June 9, 1969 ; i'r a Time of Meeting: 7:30 P.M. 2 o o y m _Index Place of Meeting: Council Chambers x ix Ix Ix Roll Call: Present x x The reading of the Minutes of the Adjourned Meeting of May 24 and of the Regular Meeting of May 26, 1969 was waived and said Minutes were approved as written and Motion ordered filed. Ayes x x HEARINGS: Yeo 1. Mayor Marshall opened the public hearing in connectio Appeal with the appeal of Ron Yeo from the decision of the Planning Commission denying Amendment 257 request- ing to amend a portion of District Map No. 17 from an R -2 District to an A -P District, located at 3110 Second Avenue and Jasmine Avenue, Corona del Mar. A report was presented from the Planning Director regarding the findings of the Planning Commission. Letters in favor of the proposed rezoning were re- ceived from the following: Llewellyn Bixby IV of the Bixby Land Company, Joyce Palmer, Mr. and Mrs. Kenneth Haigh, Mr. and Mrs. Charles Flickwir, Marilyn and Eber Jacques. Planning Director Larry Wilson gave a staff report. Ron Yeo showed slides of the property and read a letter from Murton H. Willson, A. I. A., which urged support of Mr. Yeo's application and stated that such rezoning would be consistent with the study made in 1964 by Willson and Williams, A. I. A., for future development in Corona del Mar. Dee Cook spoke from the audience and stated that the depth of the commercial lots on both sides of Pacific Coast Highway in Corona del Mar should be increased, and if the proposed rezoning would increase the depth of the commercial frontal, he was in favor of it. Mayor Marshall closed the hearing with the unanimous consent of the Council. The decision of the Planning Commission was over- Motion ruled, and the City Attorney was directed to prepare Ayes x X: an ordinance amending a portion of District Map No. 17 from an R -2 to an A -P -H District. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1303, being, Special AN ORDINANCE OF THE CITY OF NEWPORT Officer's BEACH AMENDING SECTION 5.24. 080, CHAPTER Permit 5. 24, TITLE 5 OF THE NEWPORT BEACH Page 271 x ix Ix Ix CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 272 Index June 9, 1969 MUNICIPAL CODE RELATING TO A: FEE FOR SPECIAL OFFICER'S PER increasing permit fee for special officer private patrol services from $10 to $15, sented for second reading. Ordinance No. 1303 was adopted after th the ordinance was waived by unanimous MIT, Council. 2. Ordinance No. 1304, being, Wild AN ORDINANCE OF THE CITY OF N Animals BEACH AMENDING SECTION 7.08. 0 7.08, TITLE 7 OF THE NEWPORT B • MUNICIPAL CODE, RELATING TO 7 FEE FOR A PERMIT FOR KEEPING ANIMALS, setting fee of $15 for a wild animal perry 6ented: for second reading. was pre - Dale Wullner made several inquiries of concerning the ordinance. Ordinance No. 1304 was adopted after tb the ordinance was waived by unanimous Council. Motion ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1305, being, ,peed AN ORDINANCE OF THE CITY OF N L' s BEACH AMENDING SECTION 12.24. consent of the SECTION 1Z. 24.080 OF THE NEWPC MUNICIPAL CODE RELATING TO D1 PRIMA FACIE SPEED LIMITS AND F SECTION 12. 24.060 OF SAID CODE, changing speed limits to 40 miles per ho Ayes Drive from Vista del Sol northerly to Jai and to 35 miles per hour on Westcliff Dr Irvine to Dover. xx A report from the Traffic Engineer was EW PORT Ordinance No. 1305 was introduced and second reading on June 23, 1969. 2. Proposed Ordinance No. 1306, being, peed T.imita AN ORDINANCE OF THE CITY OF NI •` BEACH AMENDING SECTION 12.24. 1 Page 272 A `Z ? f0 2 f Cp a N Z N f N Z A ?PLICATION MIT, s employed by was pre - e reading of Motion x consent of the Roll Call: Ayes xx xxx xx EW PORT 40, CHAPTER EACH LPPLICATION WILD tit, was pre - :he Council e reading of Motion x - onsent of the Roll Call: Ayes xxx xx xx EW PORT )70 AND RT BEACH CREASING .EPEALING ur on Eastbluf nboree Road ive from presented. )assed to Motion x Ayes xxx xxx x ,WPORT )20 OF THE dex W District Map 24 C� CITY OF NEWPORT BEACH Volume 22 - Page 273 June 9, 1969 NEWPORT BEACH MUNICIPAL CODE AND ADDING SECTION 12.24. 049 TO SAID CODE RELATING TO INCREASING PRIMA FACIE SPEED LIMITS, changing speed limit to 55 miles per hour on Jamboree Road from Ford Road to Palisades. Ordinance No. 1306 was introduced and passed to second reading on June 23, 1969. 3. Proposed Ordinance No. 1307, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT. MAP NO.,24, Planning Commission Amendment 255, changing The Irvine Company property located southeast of the intersection of Bayside Drive and El Paseo Drive from a C -1 -H to an R -1 District. A report from the City Attorney was presented with a letter from Harriet Barickman protesting the proposed zone change. Motion Ayes Ordinance No. 1307 was introduced and set for public Motion hearing on June 23, 1969. Ayes CONSENT CALENDAR: COUNCILMEN The following items were approved by one motion affirming Motion the actions on the Consent Claendar: Roll Call: Ayes 1. The following advisory communications were ordered filed: Letter from the Corona del Mar Chamber of Commerc expressing thanks for the City's assistance in their recent Clean -Up and Beautification Drive and for the 'data' sheet which was enclosed with the water bills giving pertinent information about the drive. Letter from the Corona del Mar Chamber of Commerc4 stating their concern about a recent application for a license to conduct a mobile retail sales business in the City and a copy of the License Supervisor's reply. Letter from the U.S. Secretary of the Interior summarizing his views on the Santa Barbara Channel oil situation and stating he supports. legislation establishing a nationwide, well- reasoned system to protect scenic shorelines in America. page 273 x x x', x F. .idex W • • Daylight Savings Time County Surplus Property Youth Advisory Comsn i CITY OF NEWPORT BEACH Volume 22 - Page 274 June 9, 1969 Resolution of the City of Santa Barbara endorsing the position of the City of Newport Beach relating to the prohibition of oil exploration and production in the area of the outer continental shelf in the Pacific Ocez Resolution of the City of San Clemente urging Federal and State legislation prohibiting oil exploration and production within certain designated areas. Letter from William C. Warmington III, General Agent for Jefferson National Life Insurance Company, requesting permission to submit a bid for the health insurance program for the City. Two postcards stating that the court case testing the legality of the exchange of lands between Orange County and The Irvine Company concerning Upper Newport Bay affects Newport Beach more than any other area and requesting Council representation in court. Agenda of the Board of Supervisors meetings held May 28 and 29, June 3 and 4, 1969. Copy of letter from Ted Barben to Traffic Engineer regarding parking meters in the 2800 block of Newport Boulevard and expressing thanks for reply to his previous letter. Letter dated May 29 from Joseph Slowikowski regard- ing condition of the Homewood - Catalina Drive alley and letter dated June 3 from Mr. Slowikowski and eleven residents in the area expressing thanks for such quick response and stating alley is vastly improved. 2. The following communications were referred as indicated: Referred to Pending Legislation Committee, resol- utions from the cities of Indio and Stanton urging support of the introduction of a bill providing that daylight savings time be observed nationally on a year -round basis. Referred to staff, Notice of Availability from the Orange County Real Property Services regarding disposition of surplus property between Alton Avenue and Segerstrom Street near Bristol Street. Referred to Costa Mesa - Newport Beach Cooperation Committee, letter from the City of Costa Mesa and a Declaration of Policy which they are sending to Page 274 COUNCILMEN CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 275 Index June 9, 1969 various youth organizations in an effort to obtain suggestions as to whether the implementation of a Youth Advisory Commission is favorable, and requesting the City of Newport Beach's cooperation in this endeavor. 3. The following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: )'top Resolution No. 7000 designating intersections at which iigns vehicles are required to stop and directing the Traffic Engineer to erect necessary stop sign, requiring traffic on Villa Way to stop at 32nd Street. (A report from the Traffic Engineer was presented. ) • Resolution No. 7001 authorizing execution of an agreement between the City of Newport Beach and Shuirman- Simpson, civil engineers, for engineering :M. San services in connection with the proposed detachment )ist of City territory from Costa Mesa Sanitary District. (A report from the Public Works Director was presented. ) :laims 4. The City Clerk's referral of the following claims to or the insurance carrier was confirmed: )amag e s Claim of Mrs. Dorothy V. Swift for damage to her Iwift automobile allegedly caused when it was involved in an accident with a City truck. Claim of Daniel DeHoog alleging false arrest and )eHoog imprisonment on April 20 and 21, 1969. )rCoast Claim of Orange Coast Marine, Inc. for damages to ine Property in vicinity of 847 Bayside Drive allegedly caused by storm waters from a City drainage culvert. Claim of Elsie L. Short for personal injuries allegedly hort sustained when she fell on sidewalk in the vicinity of Narcissus. Street and Pacific Coast Highway. Rariners 5. All bids received on the Mariners Library patio .ibrary enclosure, Contract 1202, were rejected, and it was directed that the project be carried over in the 1969 -70 budget. (A report from the Public Works Director was presented.) .ifeguard 6. The work was accepted on the construction of the [dgtra emergency groins at the Lifeguard Headquarters, Contract 1214, payment of $8, 488. 00 as full compen- sation for construction of the emergency groins was approved, and the City Clerk was authorized to file a Notice of Completion and to release the bonds 35 days Page 275 CITY OF NEWPORT BEACH Volume 22 - Page 276 ldex June 9, 1969 after the Notice of Completion has been filed. (A repo from the Public Works Director was presented. ) T;raffiac 7. Installation of additional traffic signal controllers on Signal Newport Boulevard at Finley Avenue and at 32nd Street Controls was approved. (A report from the Traffic Engineer wa presented.) Expense 18. Councilman Gruber's expense account for attendance at Account the League of California Cities meeting of the Water Quality and Solid Waste Management Committee in Sacramento on May 22 and 23, 1969, was approved. Bus Lic 9. The following business license applications were Appl approved: • Application of Gene J. Adams, owner of Shacco, Inc., 318 N. Newport Boulevard, for auto leasing. Exempt, application of Jessie E. Carrasco, to solicit house to house for Field Enterprises, selling World Book. Special 10. The application of Erik Larsen for a Special Events Event license to sponsor a teenage dance at the American Legion Hall on June 12, 1969, from 8:30 P.M. to 12:30 A. M., was approved subject to conditions to be established by the City Manager. 11. The following Budget Amendments were approved: C -85, $1,821.50 transfer of Budget Appropriations for final payment of Contract 1070 to C. E. Hurley Contracting Corporation for sand replenishment in West Newport from Unappropriated Contingency • Reserve to Public Works -Land Improvements, Sand Replenishment, General Fund. (A report from the Public Works Director was presented.) 0 C -86, $1,064.34 decrease in Unappropriated Surplus for refund to Orange County Flood Control District for Jamboree Road bridge construction across. San Diego Creek Channel, Gas Tax Fund. C -87, $10, 000.00 transfer of Budget Appropriations for engineering study of detachment of areas within the City from the Costa Mesa Sanitary District from Sewer Pump Station, General Fund to Costa Mesa Sanitary District Study, General Fund. C -88, $750.00 transfer of Budget Appropriations for relocation of five landmark palm trees from 10th and Balboa to foot of Newport Pier from Unappropriated Page 276 COUNCILMEN s i V 7 Z a O Y i n Z O Z f A 0, m A Boys Club of Harbor Area • Fire Station Site • Vista Baya Imprvmt s Lifeguard Towers R -6999 11M CITY OF NEWPORT BEACH Volume 22 —Page 277 Tune 9, 1969 Surplus to Parks, Parkways, etc., Services- Profes- sional, Technical, etc., Parks and Recreation Fund. (A report from the City Manager was presented. ) C -89, $530.00 transfer of Budget Appropriations from Unappropriated Surplus to Parks, Parkways, etc., Land Improvements -West Newport Entrance Sign, Parks and Recreation Fund. (A report from the City Manager was presented. ) ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A legal opinion was presented from the City Attorney regarding analysis of proposal to lease beach front property to the Boys Club of the Harbor Area. The City Attorney was directed to request an opinion from the Attorney General as to whether such a use would be in conformity with the City's. State tidelands grant. 2. A copy of a letter to the Balboa Island Improvement Association from Alan L. Blum opposing the removal of the fire station from Balboa Island and also ex- pressing the opinion "that all jets should be denied the use of Orange County Airport not only from the standpoint of noise but of pollution as well ", was ordered filed. It was the consensus of the Council that their approval to move ahead on the fire station in the Bluffs: in no way committed them to the removal of the fire station on Balboa Island. 3. A letter from Caro A. Eaton regarding resurfacing and possible widening of Vista Baya was referred to staff for reply, advising her of the proposed plans for Vista Baya and indicating that if the property owners concerned were not interested in contributing their share for bringing the street up to standard, the City would not proceed with the project. 4. A report was presented from the Public Works Director regarding two bids received for the con- struction of underground telephone lines to ocean front lifeguard towers, Contract 1190. Dale Wullner made several inquiries of the Council regarding the telephone lines- Resolution No. 6999, awarding a contract to Smith Electric Supply, in the amount of $5, 685. 00, for the construction of underground telephone lines to ocean front lifeguard towers, was adopted after the reading of the resolution was waived by unanimous consent of the Council. Page 277 Motion Ayes Motion Ayes Motion Ayes Motion Roll Call Ayes COUNCILMEN CITY OF NEWPORT BEACH Volume 22 - Page 278 June 9, 1969 5. A report was presented from the City Manager regard- ing a new Marinapark lease agreement. Dale Wullner made several inquiries of the Council regarding Marinapark regulations. Marina- Resolution No. 7002, approving a standard form rental park agreement and regulations for Newport Marinapark, -7002 was adopted after the reading of the resolution was waived by unanimous consent of the Council. CONTINUED BUSINESS: Legal 1. Mayor Marshall announced that it was the time and Notices place for consideration of proposals or bids received R -7003 by the City Clerk on or before the hour of 7:30 P.M. on June 9, 1969 for a contract covering the publication • and printing of all legal notices or 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 City Clerk Laura Lagios announced that she had received one bid only, which was submitted by the Newport Harbor Ensign. She opened and announced the bid. Resolution No. 7003, awarding a contract to Newport Harbor Ensign for the publication of legal notices and other matter and designating it as the official news- paper for publication of notices, was adopted after the reading of the resolution was waived by unanimous consent of the Council. 2. Vice Mayor Parsons presented a report concerning his • views on the proposed dissolution of the Orange County Harbor District and recommending that the Council refrain from taking a stand. Harbor Resolution No. 7004, advising the Local Agency District Formation Commission of Orange County that the Dissol- City Council opposes dissolution of the Orange County uiion Harbor District, and suggesting that the Commission R -7004 study certain suggested changes in the structure and jurisdiction of the Harbor District, was adopted after the reading of the resolution was waived by unanimous consent of the Council. CURRENT BUSINESS: �„rfing 1. A petition bearing ninety -six signatures requesting the City to act immediately to end surfing licenses and to create an all day surfing area on the south side of the Newport Pier, was presented. • Page 278 COUNCILMEN Motion Roll Call: Ayes Motion x Roll Call: Ayes x x x x Motion Roll Call: Ayes Noes x Index • Cl CITY OF NEWPORT BEACH Volume 22 - Page 279 June 9, 1969 Dale Wullner spoke from the audience and stated that licensing should be eliminated and more areas should be opened for the surfers. No one else desired to be heard. The petition was referred to the staff to:.be included in a full report on the licensing program as previousl,. requested by Council. ADDITIONAL ITEMS: 1. Chris Carlisle spoke from the audience regarding the Harbor Area Boys Club project in connection with the installation of lights on their baseball field. RECESS for five minutes was called by Mayor Marshall at 9:05 P.M., after which the Council adjourned to an Executive Session for review of Council appointee salariee The meeting reconvened at 10:05 P. M. The meeting was adjourned at 10:20 P.M. to 7:30 P.M., June 16, 1969, for the purpose of holding a public hearing on the fiscal 1969 -70 Preliminary Budget. ATTEST: City Clerk ICI: ►1IONA !1 Page 279 Motion Ayes Motion Ayes COUNCILMEN