HomeMy WebLinkAbout09/22/1969 - Regular MeetingPre
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COUNCILMEN CITY OF NEWPORT BEACH MINUTES
\ \\ \\ \ \\ REGULAR COUNCIL MEETING
Place: Council Chambers
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< =tea Time: 7:30 P.M.
7 a �9 Date: September 22, 1969 INDEX
:sent
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Roll Call.
The reading of the Minutes of the Regular Meeting of
:ion,,
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September 8, 1969 was waived and said Minutes were ap-
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proved as written and ordered filed.
HEARINGS:
1. Mayor Marshall opened the public hearing in com-
pliance with Resolution No. 7047 to consider offers to
dams/
lease City -owned property located at the southeast
Brookhurs
corner of Brookhurst and Adams in Huntington Beach,
City -owne
and to award a lease upon terms and conditions satis-
Property
factory to the City.
City Clerk Laura Lagios announced that eight qualified
written proposals to lease the property had been sub-
mitted for each parcel or combinations of parcels,
and the apparent highest bidders and highest com-
bination of written proposals submitted were Atlantic
Richfield Company for Parcel A at $18, 375 per year;
Paul E. O'Kain for Parcel B at $4, 830 per year; John
Martin Shea, Jr. for Parcels C and D at $7, 500 per
year; making a total of $30, 705 per year for the entire
property.
Mayor Marshall asked if a representative on behalf of
each firm which had submitted a written proposal was
present, and determination was made that the fol-
lowing representatives were empowered to act on be-
half of their firms: T. D. Lippert for Atlantic Rich-
field Company, Kenneth D. Hinsvark for Paul E.
O'Kain, Philip Anshutz of Caldwell, Banker & Com-
pany for John Martin Shea, Jr. , Stephen M. Boice of
Realonomics Corporation for Foodmaker (Jack-In-
The-Box), T. S. Hotsey for Humble Oil and Refining
Company, R. L. Graham for Mobil Oil Company,
Euguen M. Whalen for Euguen M. Whalen and Charles
Franklin for Newport National Bank.
Mayor Marshall stated that the City Council would
determine whether or not an apparent highest and best
bidder or combination of bidders had been realized.
In determining what constituted the highest and best
bid proposals, the City reserved the right to consider,
in addition to any monetary consideration involved,
compatibility of the various land uses proposed,
financial responsibility of the parties involved in the
bidding process, and such other factors which relate
to the leasing of the property as the City Council
might deem appropriate.
Volume 23 - Page 63
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COUNCILMEN CITY OF NEWPORT BEACH
RgW, CALL_
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Motion
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MINUTES
September 22, 1969 INDEX
Mayor Marshall clarified the ground rules under which
the property was to be leased, and asked if any of the
representatives who had submitted written proposals
had any questions on the ground rules as stated and
whether any of the representatives chose to withdraw
their written lease proposals as a result of the ground
rules having been clarified.
P. D. Lippert of Atlantic Richfield asked for clari-
fication on the liability insurance and the assignment
and subletting ground rules.
Mayor Marshall stated that those firms or persons wh
had not submitted qualified written proposals and chose
to participate in the oral bidding must deposit in ad-
vance with the City Clerk a certified cashier's check
at least equal to the minimum amount required for
each prospective parcel or combinations of parcels to
be bid upon in order to qualify for making oral bids,
that oral bids for any given parcel must exceed the
highest written bid for that parcel by at least 10010 and
that subsequent oral bids must increase in increments
of $50.
Mayor Marshall announced the order in which the
parcels would be considered for oral bidding.
Mayor Marshall called for oral bids and oral bids
were received with the bidding being opened and closed
on each parcel or combination of parcels, separately
and individually, in the order listed below:
Parcel A
Parcel B
Parcels B and D
Parcel C
Parcels C and D
Parcel D
Parcels B, C and D
Aggregate
Mayor Marshall closed the public hearing with the
unanimous consent of the Council.
x
All qualified bids were referred to the City staff for
C x
x
x
x
analysis and report back to the City Council with
leasing recommendations at the City Council meeting
of October .13, 1969•.
RECESS for five minutes was declared by Mayor Marshall.
The Council reconvened with all members present.
Volume 23 - Page 64
COUNCILMEN CITY OF NEWPORT BEACH
O
Rte. CALL_ &15A �fX\\\1-9 September 22,
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Motion
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1969
MINUTES
2. Mayor Marshall opened the supplemental public .
hearing in connection with the Spring 1969 Weed Abate.
ment Program.
A supplemental report from the Fire Chief dated
September 8, 1969 and supplemental Assessment List
on the abatement of weeds and other nuisances within
the City were presented.
Said report and Assessment List had been published in
accordance with the requirements of Section 111. 48 of
the Newport Beach Municipal Code.
No one desired to be heard.
Mayor Marshall closed the public hearing with the
unanimous consent of the Council.
Resolution No. 7070, confirming the supplemental
report of the Fire Chief concerning the cost of the
abatement of weeds and other nuisances and requesti
the Auditor - Controller of Orange County to enter the
amount of each assessment referred to in said sup-
plemental report on the County tax roll, was adopted
after the reading of the resolution was waived by
unanimous consent of the Council.
3. Mayor Marshall opened the public hearing in con-
nection with the Fall 1969 Weed Abatement Program,
in compliance with Resolution No. 7060.
A letter from R. A. Irwin to the Fire Chief regarding
parcels 048 - 143 -21, 048 - 143 -29 and 048 - 143 -30,
stating he would do the necessary cleaning of said pro-
perties and have them ready for City inspection by
October 24, 1969, was presented.
No one desired to be heard.
Mayor Marshall closed the public hearing with the
unanimous consent of the Council.
Resolution No. 7071, ordering the Fire Chief to abate
weeds and other public nuisances existing upon
streets, alleys, sidewalks, parkways and private
property within the City, was adopted after the
reading of the resolution was waived by unanimous
consent of the Council.
• 11111111 Volume 23 - Page 65
INDEX
Weed
Abatement
Spring 1969
R -7070
Weed
Abatement
Fall 1969
R -7071
RAJ- CAL
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Noes
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COUNCILMEN
CITY OF NEWPORT BEACH
September 22, 1969
MINUTES
Due to the number of interested citizens in the audience,
with the unanimous consent of the Council, Current Busi-
ness Item No. 4 was taken out of order for consideration
at this time.
The following documents were presented regarding Tide-
land Use Fees:
(a) Memorandum from the Tidelands Use Fees Committee
(b) Minority Report from Councilman Hirth.
(c) Memorandum from Vice Mayor Parsons, Chairman of
the Tidelands Use Fees Committee.
(d) Memorandum from Vice Mayor Parsons to the Tide-
lands Use Fees Committee regarding Councilman
Hirth's communication.
Vice Mayor Parsons, Chairman, read the recommendati
of the Tidelands Use Fees Committee.
Vice Mayor Parsons made a motion to direct the staff to
prepare an ordinance reflecting the Committee's recom-
mendations.
Mayor Marshall explained to the audience that a draft of
the proposed ordinance would be made available to the
public before the first hearing, and that two hearings
would be held on the proposed ordinance.
Councilman Rogers made a substitute motion to diary the
matter to the meeting of October 13 for further study and
discussion.
The following people spoke from the audience opposing
preparation of the proposed ordinance at this time: Larry
Miller, Bill Clark, Harvey Sommers, Blackie Gadarian
and John Kane.
A vote was taken on Councilman Rogers' substitute motion,
and the matter was diaried for October 13, 1969.
It was announced that copies of the Tidelands Use Fees
Committee Report and the Minority Report would be
available to the public by September 24.
The regular order of business was resumed.
Volume 23 - Page 66
INDEX
Tidelands
Use Fees
COUNCILMEN CITY OF NEWPORT BEACH
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R26� CAL �Z << = 9 September 22,
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*Iotion
Ayes
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Motion
Ayes
1969
ORDINANCES FOR ADOPTION:
1. Amended Ordinance No. 1310, being,
MINUTES
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH ADDING CHAPTER 5.14 TO TITLE 5
OF THE NEWPORT BEACH MUNICIPAL CODE
RELATING TO REGULATING THE USE AND
OPERATION OF AMBULANCES,
was presented for second reading.
A letter from F. B. Clendenen protesting the propose(
requirement for ambulance drivers to report all calls
and protesting the age requirements was presented.
Ordinance No. 1310 was adopted after the reading of
the ordinance was waived by unanimous consent of the
Council.
2. Ordinance No. 1313, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING SECTION 10. 18 OF THE
NEWPORT BEACH MUNICIPAL CODE RELAI
TO FORTUNE TELLING AND SIMILAR ARTS,
deleting prohibition against teaching or giving in-
structions in any of the enumerated activities, was
presented for second reading.
Ordinance No. 1313 was adopted after the reading of
the ordinance was waived by unanimous consent of
the Council.
ORDINANCES FOR INTRODUCTION:
1. Proposed Ordinance No. 1314, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING SECTION 17. 08.050,
CHAPTER 17.08, TITLE 17 OF THE NEWPORT
BEACH MUNICIPAL CODE, RELATING TO
LANDING OF AIRCRAFT IN NEWPORT HARBOR,
prohibiting the landing or taking off of any aircraft
from the waters of Newport Harbor without first
obtaining a permit from the City Council, was
presented with a report from the Harbor and Tidel
Administrator.
• 11111111 Volume 23 - Page 67
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Fortune
Telling
Aircraft
Landings
COUNCILMEN
FQLL CALL_ ayC� �SG�D
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Ayes x x x
otion x
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Motion x
Ayes xxx
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CITY OF NEWPORT BEACH
MINUTES
September 22, 1969
Councilman Rogers made a motion to introduce
Ordinance No. 1314 stipulating permits were to be
obtained from the City Manager, which motion was
withdrawn.
Irving Temaner, representing Walt Disney Pro-
ductions, spoke from the audience regarding their
request to land a seaplane in the Upper Bay in con-
nection with their movie production entitled
"B oatnik s ".
Ordinance No. 1314, stipulating permits are to be
obtained from the City Council, was introduced and
passed to second reading on October 13, 1969.
Pending the enactment of Ordinance No. 1314, the
Council approved the Walt Disney Productions' request
to land a seaplane in the Upper Bay for one day only
and for a maximum of three take -offs and landings.
CONSENT CALENDAR:
The following items were approved by one motion affirm-
ing the actions on the Consent Calendar:
1. The following advisory communications were ordered
filed:
Letter addressed to Vice Mayor Parsons from Cameo
Community Association expressing approval of the
proposal to annex the tideland areas of Cameo Shores
to the City of Newport Beach and stating that annex-
ation should make for vastly improved law enforce-
ment along the beaches.
Letter to the City Clerk from Senator Alan Cranston
stating he has been in touch with the Department of
the Interior and the Corps of Engineers to see what
possibilities there might be for Federal assistance in
connection with public access to Orange County shore-
line and beaches, and enclosing copy of a report he
has received from Brigadier General Glascow, South
Pacific Engineers, Corps of Engineers.
Letter from the State Controller listing apportionment
of trailer coach fees and showing Orange County's net
amount to be $821, 502. 41.
Copy of resolution of the City of Orange opposing the
enactment of legislation by the State of California,
which State enactment imposes mandatory cost of en-
forcement on local governmental agencies.
Volume 23 - Page 68
INDEX
Annexn
No. 68
Public
Access
COUNCILMEN
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CITY OF NEWPORT BEACH
MINUTES
WJkL CALL IyIM�\�IMW\
September 22, 1969 INC
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Notice of resetting the Public Utilities Commission
pre- hearing conference from September 18 to
September 19 in the matter of applications of Pacific
Southwest Airlines and Air California for extended
services.
Resolution of the City of Santa Ana relating to Corps
of Engineers' work on the Santa Ana River and
Santiago Creek, and urging expediency therefor.
Agenda of the Orange County Board of Supervisors'
meetings held September 10, 11, 16 and 17, 1969.
Preliminary agenda of the Local Agency Formation
Commission meeting to be held September 24.
Minutes of the Orange County Mosquito Abatement
District meeting held August 21.
Minutes of the Directors of the Orange County Water
District's regular meeting held August 20, 1969.
2. The following communications were referred as in-
dicated:
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Referred to staff for appropriate action,
Toples
letter, from Senator Lawrence W a l s h stating
Entert;
that the Quimby -Walsh Act which was recently signed
Legis
by the Governor restores control of topless and
bottomless entertainers to local government, and
enclosing a set of suggested guidelines adopted by the
Legislative Counsel which may be used in setting
standards of dress.
Referred to staff for study, letter from Orange County
Prado
Water District enclosing a copy of Assembly Con-
& Rese
current Resolution No. 227 which provides the means
voil
for expediting the necessary study and report by the
U. S. Corps of Engineers through cooperative efforts
of our State and local agencies in connection with the
development of Prado Dam and Reservoir as a multi-
purpose project, and requesting Council support in
providing any information that may be needed in the
development of necessary data as this study pro-
gresses.
Referred to staff for study, letter from the Trans-
TASC
portation Association of Southern California (TASC)
enclosing resolution of its executive board requesting
.
that the Department of Transportation of the Federal
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Volume 23 - Page 69
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COUNCILMEN
CITY OF NEWPORT BEACH
MINUTES
RgLL CALL �'"�`��+
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i'9 September 22, 1969 IND
Government take whatever action is necessary to
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reduce the complicated system of procedures of
Congress past the necessary legislation to bring such
procedures within a reasonable area of control.
Referred to Harbor and Tidelands Administrator,
Mott
letter from Robert C. Haviken, M.D., opposing new
pier, ramp and float at 1510 South Bay Front, Balboa
Island per Harbor Application No. 225 -1510.
3. The following resolutions were adopted after the
reading of the resolutions was waived by unanimous
consent of the Council:
o Resolution No. 7067 approving the admission of the
Librar
Fullerton Public Library into the Orange County Co-
operative Library System (Santiago Library System).
(A report from the City Librarian was presented. )
Resolution No. 7068 recommending that the Governing
Librar
Council of the Orange County Cooperative Library
System (Santiago Library System) adopt certain
amendments to the joint powers agreement between
all members.
Resolution No. 7069 relating to services on Newport
Newpo
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Tomorrow Project.
Tomor
4. The City Clerk's referral of the following claims to
Clms I
the insurance carrier was confirmed:
Summons and Complaint for damage to property of
George Watson, Plaintiff vs. City of Newport Beach,
WatS03
Walker and Bates Construction and Does Ithrough V,
®
Defendants, in connection with water damage to
property at 2620 - 2628 East Coast Highway, Corona
del Mar allegedly due to improper grading.
Claim of Robert E. Parker for damages to his truck
allegedly caused when he was involved in an accident
Parke:
with a City vehicle.
Claim of Lana Rae for water damage to her property
at 2620 Pacific Coast Highway in January and Febru-
Rae
ary allegedly due to improper grading.
Claim of Patricia E. Cahill for damage to her pro-
perty at 421 Fernleaf Avenue, Corona del Mar, on
Cahill
July 14, 1969, allegedly caused by backup water from
the City sewage lines in the alley.
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Volume 23 - Page 70
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COUNCILMEN
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CITY OF NEWPORT BEACH
MINUTES
121,L CALL \�
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\= \9\ September 22, 1969 INDE
Claim of Hanna Haake for minor Annette Haake for
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personal injuries sustained on September 5, 1969
Haake
when a City sailboat which she was operating capsized
and she cut her foot.
Claim of Employers Casualty Company on behalf of
their assured, Lawrence J. and Mary L. Sork, for
Sork
damage to the Sork automobile on August 1, 1969
when it was involved in an accident with a City vehicle.
5. The records retention schedule for the City Clerk's
Recordf
office, as submitted by the City's records manage-
Mangmt
ment consultant, TRW Systems, was approved. (A
letter from Richard P. Malamisura, Project Manager
of TRW Systems was presented.)
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6. The public improvements constructed in conjunction
Resub
with Resubdivision No. 244, Shell Oil Company, Coast
No. 249
Highway at Jamboree Road, were accepted, and the
City Clerk was authorized to release the Faithful
Performance Bond. (A report from the Public Works
Director was presented.)
7. Councilman Gruber's expense account for trip to
Expense
Sacramento on September 11 to attend California
Account
League of Cities Water Quality and Solid Waste
Management Committee meeting, was approved.
8. A refund of $125 to Mrs. Evelyn Sherwood for appli-
Sherwo
cation fee for Resubdivision No. 276, was approved.
Refund
(A report from the Planning Director was presented.)
9. The business license applications of Peter E. Kahl
and Robert A. Dudley for door to door soliciting for
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Newport Beach Cablevision, Inc. were approved.
10. The following Budget Amendments were approved:
BA -29, $1, 500 transfer of Budget Appropriations for
employment of three student laborers, from Un-
appropriated Contingency Reserve to General
Services, Seasonal Part -Time, General Fund. (A
report from the City Manager was presented. )
BA -30, $530.33 increase in Unappropriated Surplus
for costs incurred in the manufacturing and instal-
lation of the Balboa Peninsula Point sign at the inter-
section of "G" Street and Balboa Blvd, from Reserve
for Balboa Improvement, General Fund.
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Volume 23 - Page 71
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COUNCILMEN
\Iscil_
CITY OF NEWPORT BEACH
MINUTES
RgLL CALL \"
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9 <<�� i 9 September 22, 1969 INDE
ITEMS REMOVED FROM THE CONSENT CALENDAR:
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1. A letter was presented from Don Voronaeff protesting
Compla
weed and animal nuisance in the area of his home at
447 Windward Lane, Newport Beach and a subsequent
letter to Planning Director Larry Wilson stating that
a mutually compatible solution to the problem had
been made and to please disregard his previous letter.
Planning Director Larry Wilson reported on the con-
ditions mentioned in the letter.
Motion
x
Subject letter was ordered filed.
Ayes
xxxxxxx
CONTINUED BUSINESS:
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1. A report was presented from the City Manager re-
City Mg
garding authorization for City Manager to enter into
certain contracts.
Resolution No. 7072, authorizing the City Manager to
R -7072
execute certain contracts on behalf of the City for
leasing, servicing or maintenance of equipment, was
Motion
x
adopted after the reading of the resolution was waived
Wes
xxxxxxx
by unanimous consent of the Council.
2. A letter addressed to Councilman Rogers from Phil
Balboa
Lansdale regarding certain conditions in the Balboa
Peninsc
Motion
x
Peninsula and offering suggestions for improvement
Imprmt
Ayes
xxxxxxx
of the area, was referred to staff.
CURRENT BUSINESS:
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1. A letter from George C. Woods protesting the brief
Harbor
time lapse presently existing between the receipt of
Permit
a Notice of Harbor Application and the date the appli-
Policy
cation comes before Council, and requesting Council
to instruct the Harbor and Tidelands Administrator
that 30 days notice should be given for any hearings
on applications for pier permits, was presented with
a report from the Harbor and Tidelands Administrator
Motion
x
Subject letter was referred to the Harbor and Tide -
Ayes
x
x
x
x
x
x
x
lands Administrator for inclusion of a ten -day notice
requirement period in future proposed revisions to
Harbor Permit Policy, as recommended by the Harbor
and Tidelands Administrator.
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Volume 23 - Page 72
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COUNCILMEN
\ \Sai_
CITY OF NEWPORT BEACH
MINUTES
RQLL CALL INO
MM111.6
\y 9 September 22, 1969 INDE
2. A report was presented from the Planning Director
regarding the application. of I. D. H. (Holstein Com-
Tract
7052
pany), joint venture, for approval of Tentative Map
for Tract 7052, subdivision of 816 acres. into 46
residential lots and one green area lot, located
westerly of the extension of Vista del Oro and norther-
ly of future Vista.del Bolsa in Northbluff.
Planning Director Larry Wilson gave a report on the
findings of the Planning Commission.
Robert Bein of Raub, Bein, Frost and Associates,
engineers.for the Holstein Company, spoke from the
audience.
Motion
x
Tentative Map.for Tract 7052 was approved, subject
eyes
x
x
x
x
x
x
x
to conditions recommended by the Planning Com-
mission.
Motion
x
The staff was instructed to give immediate attention to
Ayes
x
x
x
x
x
x
x
the problems of maintenance areas and parking.
3. A report was presented from the Planning Director re
Use Pe,
garding application of I, D. H. (Holstein Company),
1422(c)
joint venture, for approval of Use Permit 1422(c) to
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subdivide property located westerly of the extension of
Vista del Oro and northerly of future Vista del Bolsa
in Northbluff, and to construct two -story residential
units as part of a Planned Residential Development,
Tract 7052.
Motion
Use Permit 1422(c) was approved, subject to con -
Ayes
x
x
x
x
x
x
x
ditions recommended by the Planning Commission.
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4. The matter of Tidelands Use Fees was moved out of
Tidelan
the regular order of business and taken up, immedi-
Use Fe(
ately after the public hearings.
5. A report was presented from the City Manager re-
Holiday
garding holiday leave and authorization to the Mayor
Leave
to officially proclaim certain additional holidays.
Resolution No. 7073, modifying Resolution No. 5289
R -7073
relating to holiday leave as specified in the personnel
Motion
x
policies resolution, was adopted after the reading of
Ayes
x
x
x
x
x
x
x
the resolution was waived by unanimous consent of
the Council.
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Volume 23 - Page 73
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COUNCILMEN
R1&L CALL ZN GZ �f '{ 9519
CITY OF NEWPORT BEACH
September 22, 1969
MINUTES
INDEX
HARBOR PERMITS:
•
1. A report was presented from the Harbor and Tidelands
Pacific
Administrator regarding Harbor Permit Application
Telephon
200 -012 of Pacific Telephone Company to lay a sub-
Co.
marine cable across the harbor from Balboa Peninsula
to Beacon Bay in order to provide needed additional
phone service.
Motion
x
Harbor Permit Application No. 200 -012 was approved,
Ayes
x
x
x
x
x
x
x
subject to approval of the Corps of Engineers and the
Joint Harbor Committee, notification to the Harbor
Master seventy -two hours prior to commencement of
any work within public waterways, and the require -
ment that the contractor remove and replace any
moorings along line of installation and arrange for
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temporary moorings as necessary during the work
period.
ADDITIONAL BUSINESS:
1. In conjunction with the authorized pilot project for a
Street
Motion
x
City street cleaning program, the following Minute
Cleaning
Ayes
x
x
x
x
x
x
x
Resolution was adopted:
i"That
parking be prohibited on the westerly
side and permitted on the easterly side of
35th Street between Balboa Boulevard and
Seashore Drive from 9:00 A. M. to 1:00 P.M.
on Wednesdays during October, 1969, and
That the Traffic Engineer be directed to install
proper signs indicating vehicles parked in
violation on the westerly side shall be towed
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away. "
2. A report was presented from the Harbor and Tide-
West
lands Administrator regarding the abatement of the
Newport
West Newport oil seep with a report from George
Oil Seep
Zebal, member of the Technical Oil Advisory Com-
mittee, on the probable cause and recommended
cure for the recent West Newport Channel oil seep.
George Zebal spoke from the audience.
Motion
x
The staff was authorized to initiate reabandonment
Ayes
x
x
x
x
x
x
x
procedures for Fred D. McMillen Well No. 4 located
Volume 23 - Page 74
COUNCILMEN CITY OF NEWPORT BEACH MINUTES
RAhL CALL 2ZE
ot9�f #�9s September 22, 1969 INDEX
on the property of Mr. Vorie at 213 43rd Street, and
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the following Budget Amendment was approved:
BA -31, $4, 000 transfer of Budget Appropriation
Budget
for reabandonment of Well No. 4 (Fred D.
Amndmt
McMillen) located at 213 43rd Street from Un-
appropriated Contingency Reserve to Reabandon-
ment of Well No. 4, General Fund.
Motion
x
The meeting was adjourned at 11: 15 P. M.
Ayes
xxxxxx
Mayor
ATTEST:
City Clerk
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Volume 23 - Page 75