HomeMy WebLinkAbout10/13/1969 - Regular MeetingROLL CAL
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COUNCILMEN CITY OF NEWPORT BEACH MINUTES
REGULAR COUNCIL MEETING
Place: Council Chambers
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Time: 7:30 P.M.
Date: October 13, 1969 INC
a ent
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Roll Call.
John Macnab, General Chairman of the Newport Tomorrow
Newpc
Citizens' Advisory Committee, formally presented to the
Tomoi
Mayor and the City Council the Newport Tomorrow Goals
and Objectives Report.
ion
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The Newport Tomorrow Goals and Objectives Report was
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received in appreciation and gratitude.
The reading of the Minutes of the Adjourned Meeting of
September 15 and of the Regular Meeting of September 22,
Lon
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1969 was waived and said Minutes were approved as
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written and ordered filed.
HEARINGS:
1. Mayor Marshall opened the continued public hearing
Fay A
regarding the appeal of Leroy E. and Ruth M. Fay
from the decision of the Planning Commission denying
Modification Application No. 94 requesting to
construct an additional unit to an existing triplex that
is nonconforming due to stairway in the side yard.and
due to the fact that the garage would be substandard
(32 feet wide instead of 36 feet wide), located at 233
Carnation Avenue on the westerly side of Carnation
Avenue between Seaview Avenue and Ocean Boulevard,
Zoned R -3.
A report from the Planning Director regarding the
findings of the Planning Commission was presented
with a letter from Miss Jeri Lee Burdick, 239
Carnation Avenue, stating she feels the area is con-
gested enough and would like to see the zoning remain
at R -3,
The City Clerk stated that a letter had just been re-
ceived from Donald Harwood, attorney representing
Mr, and Mrs. Fay, stating that he feels the matter
is not one that should take up the Council's time, but
rather should be referred back to the Planning Com-
mission for reconsideration.
No one desired to be heard.
Mayor Marshall closed the public hearing with the
unanimous consent of the Council.
Volume 23 - Page 76
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COUNCILMEN CITY OF NEWPORT BEACH
MINUTES
ROLL CALL
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October 13, 1969
INDEX
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The appeal of Leroy E. and Ruth M. Fay in connection
Motion
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with Modification Application No. 94 was referred
Ayes
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back to the Planning Commission for reconsideration.
2. Mayor Marshall opened the public hearing in con-
Mini
nection with application of Henry G. Krebs for a
Tours, Inc!
Certificate of Public Convenience and Necessity for
Mini Tours, Inc, for a minibus sightseeing tour
service within the City of Newport Beach. (All other
holders of Certificates of Public Convenience and
Necessity had been notified in accordance with
Section 5. 12. 040 of the Municipal Code.)
The proposal from Mini Tours, Inc. was presented
with their application for Certificate of Public Con-
venience and Necessity.
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Henry Krebs spoke from the audience and stated he
was available to answer any questions the Council
might have.
No one else desired to be heard.
Mayor Marshall closed the hearing with the unanimous
consent of the Council.
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Mini Tours, Inc. Is application for Certificate of
Motion
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Public Convenience and Necessity was approved,
Ayes
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subject to approval of business license application
and such other conditions as might be imposed by the
City Manager.
Due to the number of interested persons in the audience,
and with the unanimous consent of the Council, Continued
Business Item No. 1, Tidelands Use Fees, was taken out
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of the regular order of business and taken up at this time.
City Clerk Laura Lagios announced that in addition to the
Tidelands
thirty -eight communications opposing the Tidelands Use
Use Fees
Fees, as listed on the agenda, four letters in favor of and
eighty -nine letters and telegrams opposing the Tidelands
Use Fees had been received, and copies of all letters
received had been given to the Council.
The following people spoke from the audience opposing the
proposed Tidelands fees: Larry Miller, Commodore of
the Marine Division of the Newport Harbor Chamber of
Commerce; Hank Hill, member of the Newport Harbor
Chamber of Commerce's Tidelands Use Fees Committee;
Vin Jorgensen„ member of the Newport Harbor Chamber
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of Commerce; Blackie Gadarian, owner of Blackie's Boat
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CITY OF NEWPORT BEACH
October 13, 1969
MINUTES
Yard; Harvey Somers, of the Balboa Peninsula Point
Association; Philip Morgan, Frank Wood, Jr., and Dan.
Gilliland, members of the Balboa Peninsula Point Associ-
ation; Clifford Gordon; Don Pennington, member of the
Board of Directors of the Balboa Island Improvement
Association; Mr. Holbrook; Peter Vail; John- F. Johnson,
President of the Newport Island, Inc.; Dee Cook, Presi-
dent of Corona del Mar Chamber of Commerce; Chuck
Cotton; Dr. Emory Moore; Herman Fink; Roy B.,
Woolsey, Commodore, Lido Isle Yacht Club; and James C.
Bridges.
Harvey Pease, Ralph Hinger and Les Steffenson spoke
from the audience in favor of the proposed Tidelands Use
Fees.
Councilman Rogers made a motion to discontinue any
further consideration of a Tidelands Use Fee on piers.
Councilman Parsons made a substitute motion to instruct
the City Attorney to prepare an ordinance along the lines
recommended by the Tidelands Use Fees Committee.
A vote was taken on Vice Mayor Parsons' substitute
motion, and the City Attorney was instructed to prepare
an ordinance along the lines recommended by the Tidelands
Use Fees Committee.
RECESS was declared for five minutes.
The Council reconvened with all members present.
The regular order of business was resumed.
ORDINANCES FOR ADOPTION:
1. Ordinance No. 1314, being,
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AN ORDINANCE OF THE CITY OF NEWPORT ILandings
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 for second reading.
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COUNCILMEN
ROLL CALL 11 °a \A\9
CITY OF NEWPORT BEACH
October 13, 1969
MINUTES
INDEX
Motion
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Ordinance No. 1314 was adopted after the reading of
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the ordinance was waived by unanimous consent of
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the Council.
ORDINANCES FOR INTRODUCTION:
1. Proposed Ordinance No. 1315, being,
Prope
Trans
AN ORDINANCE OF THE CITY OF NEWPORT
Tax
BEACH AMENDING SECTION 3.22. 050 OF THE
NEWPORT BEACH MUNICIPAL CODE RELATING
TO EXEMPTION OF GOVERNMENTAL AGEN -'
CIES FROM REAL PROPERTY TRANSFER TAX,
was presented with a report from the City Attorney.
Motion
x
Ordinance No. 1315 was introduced and passed to
Ayes
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x
x
x
x
x
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second reading on October 27, 1969.
CONSENT CALENDAR:
Motion
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The following items were approved by one motion af-
Ayes
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x
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x
x
x
firming the actions on the Consent Calendar:
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1. The following Advisory Communications were ordered
filed:
Letter from Senator Alan Cranston and copy of report
directed to him from the Bureau of Outdoor Recreation
Department of the Interior, regarding acquisition of
beach land.
Letter from William J, La Plante, President, Balboa
Island Improvement Association, reaffirming the
Association's position that the Balboa Island Fire and
Rescue Unit remain at its present Marine Avenue
location on Balboa Island.
Letter from Robert D. Hayward protesting any
expansion of Edison facilities in Huntington Beach and
elsewhere because of increased air pollution.
Letter from George C. Woods restating his feeling
that 10 days notice for hearings on applications for
pier permits is not sufficient.
Copy of letters addressed to the City Manager from
Newport Beach Police Employee's Association
Volume 23 - Page 79
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regarding formal recognition of the Association as
the negotiating representative for all employees within
the Newport Beach Police Department and expressing
appreciation and satisfaction with the results of
meeting held on Sunday, October 5,
Letter from Mrs. Marian Brown expressing appreci-
ation for the prompt action in response to her previous
letter regarding the condition of the beach on the bay
at 19th Street.
Letter to Mayor Marshall from Irving Temaner, Walt
Disney Productions, expressing appreciation to
Council for its understanding and cooperation in giving
them permission to land a seaplane in the Back Bay
for their motion picture project.
Letter from Winifred L. Voegelin to Mayor Marshall
regarding grass and plantings to be installed on the
Jamboree Road raised median between Ford Road and
Eastbluff Drive and reply from Mayor Marshall.
Resolution of the City of Seal Beach protesting the
expenditure of funds to implement the Orange County
General Planning Program.
Letter from Comprehensive Health Planning Associ-
ation of Orange County advising that it now has a full
time Executive Director who is in the process of
building a staff to provide assistance in cities'
planning for health facilities and services.
Notices of annexation hearings on October 8, 1969,
2:00 P.M., 515 N. Sycamore Street, Santa Ana, from
Local Agency Formation Commission:
(1) Proposed Engineer's No. 126 Annexation to the
Costa Mesa Sanitary District, located in Airport
Industrial Park area.
(2) Proposed Engineer's No. 127 Annexation to the
Costa Mesa Sanitary District, located westerly
of Harbor Boulevard and northerly of Gisler Ave.
(3) Proposed Annexation No, 10 to the Irvine Ranch
Water District, located between Jamboree Road
and MacArthur Boulevard above Beto (Bison)
Street, and letter from LAFCo stating that the
Annexation was submitted by Resolution of Board
of Directors of Irvine Ranch Water District ac-
companied by consent of 10076 of landowners of
territory proposed to be annexed and that the
Volume 23 - Page 80
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District requests the proposal be approved with-
0
out notice and hearing in view of unanimous
consent of landowners.
Letter from Orange County Road Department trans-
mitting map of proposed annexation to Orange County
Street Lighting Maintenance District No. 10 - Tract
No. 6869 (Recorded), located southerly of Main
Street, southeasterly of Harvard Ave. and northerly
of San Diego Freeway in vicinity of Santa Ana and
Tustin.
Preliminary Agenda of Local Agency Formation Com-
mission.
Letter from Local Agency Formation Commission
notifying of change in second regular meeting date in
December from Christmas Eve to the preceeding
Wednesday, December 17th.
Letter from Newport Harbor Chamber of Commerce
requesting use of Big Corona del Mar Beach on
Sunday, October 12, 1969, between the hours of
12:00 - 3:00 p.m, for their annual Sandcastle Building
Contest, and copy of City Manager's reply granting
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use of the beach.
Resolution of the City of Stanton relating to Corps of
Engineers' work in the Santa Ana River, urging
expediency therefor.
Resolution of the City of Seal Beach requesting the
Resolution Committee of the League of California
Cities to submit a resolution of the League's annual
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convention opposing any change in the current tax
exemption on State and local bond interest
government
Resolution of the Orange County Board of Supervisors
Pacific
designating a portion of Pacific Coast Highway as a
Coast H w
limited time parking area and a tow.away zone; the
Parking
limited time parking being the prohibition of parking
entirely between 8:00 p. m. and 6:00 a.m. on both
sides of Pacific Coast Highway from the south city
limits of Newport Beach (Corona del Mar) to the
north city limits of Laguna Beach.
Copy of resolution to San Clemente City Council from
Surf Life Saving Association of America advising that
the National Surf Life Saving Association, which is
composed of major lifeguard services along the coast
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CITY OF NEWPORT BEACH
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\�I October 13, 1969 INDEX
of California, does not condone and is opposed to and
gave no verbal or written support to the recent life-
guard strikes in San Clemente and Santa Cruz.
Minutes of Executive Meeting of Orange County
Board of
Division, League of California Cities of September 11,
Supervise.
1969, indicating that Mayor Marshall summarized a
Salaries
letter wherein the City Council of Newport Beach
requested the League to "review the apparent
inadequacies of salaries for the members of the
Orange County Board of Supervisors."
A note from Katharine T. Hampton stating that the
court case testing the legality of the exchange of lands
between Orange County and Irvine Co, concerning
Upper Newport Bay affects Newport Beach more than
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any other area, urging that a representative of the
Council should present the case for Newport Beach in
court, and urging Council to keep the road along the
east shore open and maintained.
Agenda for Board of Supervisors meetings held
September 23, 24, 30, October 1, 7 and 8, 1969.
Letter from Jack Green, President, Orange County
Harbor
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League of Cities, enclosing copy of letter from
District
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Assemblyman John V. Briggs indicating his willing-
Dissolutio .
ness to reintroduce legislation which would place the
dissolution of the Orange County Harbor District on
the ballot if the League of California Cities so desires,
and a copy of Mr. Green's letter to the Orange County
Board of Supervisors requesting that they set a public
hearing on the matter pursuant to Government Code,
Section 56360,
Letter from the Planning Commission stating that at
Newport
its meeting of October 2 the Planning Commission
Tomorrow
accepted with thanks the Newport Tomorrow Goals
and Objectives Report, and concurred with the five
recommendations set forth in the letter of transmittal
with slight modifications.
2. The following communications were referred as
indicated:
Referred to staff for study, letter from The Newporter
Newport
Publishing Company enclosing two recent editorials
Boulevard
regarding traffic hazard in connection with the one-
Traffic
way street markings on Newport Boulevard.
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Volume 23 - Page 82
COUNCILMEN
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CITY OF NEWPORT BEACH
October 13_ 1 of q
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Referred to staff for reply, letter from C. A. Hanson,
Assessm
South Pasadena, stating he had received notice a few
District
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months ago regarding paving of the alleys in Newport
Heights area and asking information as to whether or
not they will be paved.
Referred to staff for study and report, letter from
Street
Mrs. Muriel Griffith approving proposed posting of
Cleaning
parking notices on streets for street cleaning purposes,
and asking that Acacia be designated a pilot street.
Referred to staff for study and report, letter from
Breakers
James E. Harrington regarding activities of members
Drive
of Breakers Drive Association regarding parking and
parking signs on Breakers Drive.
Referred to Pending Legislation Committee, resolution
Freedom
of City of Westminster urging the President, Congress
Religion
and all courts to take active steps assuring freedom of
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religion.
Referred to Pending Legislation Committee for study,
Regional
notice from the Assembly Committee on Transpora
Transpoi
tation, of hearing on the desirability of a regional
tation
transportation district in Southern California, consist-
ing of the Counties of Los Angeles, Orange and
portions of Ventura, San Bernardino and Riverside
Countie s.
Referred to staff for study and report, letter from the
Corona del Mar Chamber of Commerce supporting the
Trailers
Portable
Municipal Code on the use of trailers and /or portable
Bldgs
buildings and recommending that more rigid control
is necessary.
Referred to staff for reply, letter from A. J. Jenner
Cassel,
regarding court action between the City and Mr.
P. A.
Cassel, owner of the corner lots on Cypress and
Edgewater, involving ownership of public highway in
connection with his property at 417 E. Edgewater, and
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requesting expedition of the matter.
3. The following resolutions were adopted after the
reading of the resolutions was waived by unanimous
consent of the Council:
Resolution No. 7074 repealing the parking time limit
Parking
on a portion of Marine Avenue. (Traffic Engineer
Prohi-
Report)
bitions
Resolution No. 7075 designating intersections at which
Stop Sign
vehicles are required to stop and directing the Traffic
Npt Hills
Engineer to erect necessary stop signs on Newport
W /Ford
Hills Drive West at Ford Road. (Traffic Engineer
Report)
Resolution No. 7076 designating intersections at which
Stop Sign
vehicles are required to stop and directing the Traffic
Inlet Way
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Engineer to erect necessary stop signs on Inlet Way
Margueri
at Marguerite Avenue. (Traffic Engineer Report)
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Volume 23 - Page 83
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COUNCILMEN CITY OF NEWPORT BEACH MINUTES
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October 13, 1969
Resolution No. 7077 designating intersections at which
Sto
vehicles are required to stop and directing the Traffic
ViE
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Engineer to erect necessary stop signs on Vista Del
Sol
Sol at Vista Del Oro. (Traffic Engineer Report)
De]
Resolution No. 7078 designating intersections at which
Sto
vehicles are required to stop and directing the Traffic
La]
Engineer to erect necessary Estop signs on Lake
331
Avenue at 33rd, 34th and 35th Streets. (Traffic Engi-
&
neer Report)
Resolution No. 7080 awarding a contract for the
Ma
Mariners Library Patio Enclosure, Contract 1202, to
Lit
Roy Collins, Inc. for the amount of $13, 946. 00. (A
Pal
report from the Public Works Director was presented
En,
with a copy of a letter from William Blurock and
Partners recommending that subject contract be
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awarded to low bidder, Roy Collins, Inc. )
Resolution No. 7081 awarding contract for the Jam-
Jar
boree Road Median Island Water Services and
Rd
Sprinkler System, Contract No. 1225, to Roy C.
Lai
Barnett, Landscape Contractor, in the amount of
sc
$21,450. (A report from the Public Works Director
was presented. )
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Resolution No. 7082 awarding a contract for Street
Reconstruction, 1969 -70, Concrete Repairs and
Str
Rey
Resurfacing, Contract No. 1240, to the Griffith
(Cc
Company in the amount of $117, 937. 00. (A report
Re
from the Public Works Director was presented.)
Resolution No. 7083 authorizing execution of a Ground
Cos
Lease Agreement with The Irvine Company for tempo-
Sto
rary storage yard in Corona del Mar at Fifth Avenue
Ya:
and Dahlia. (A report from the Public Works Director
was presented. )
Resolution No. 7084 endorsing the 1969 Orange County
Or
Economic Outlook Conference. (A copy of a letter
Ec,
from the Orange County Chamber of Commerce was
Oui
presented. )
Col
Resolution No. 7085 authorizing execution of an
Lif
agreement with the Orange County Harbor District
Ser
for the provision of lifeguard service by the City for
beaches in unincorporated territory, in the amount
of $31, 732. 00.
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Volume 23 Page 84
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CITY OF NEWPORT BEACH
October 13, 1969
MINUTES
4. The City Clerk's referral of the following claims to
the insurance carrier was confirmed:
Summons and Complaint for Personal Injuries for Joe
Reyes Morones, a minor, by Matias Dias Morones,
his Guardian Ad Litem, Superior Court Case No.
168263, and acknowledgment from Royal -Globe
Insurance Companies of receipt of copy of Summons
and Complaint.
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Claim of Darrel L. Hickman for damage to his motor- Hickman
cycle on September 22, 1969 when he was involved in
an accident with a City vehicle in front of 1714 West
Balboa Boulevard.
Summons and Complaint for Injunction of P. A.
Cassel, Superior Court Case 169606 in connection
with a walkway in Balboa.
Claim of George J. W. Mabee for damage to his auto-
mobile on June 26, 1969 at the junction of Newport
Boulevard and San Diego Freeway when he was
involved in an accident with a vehicle belonging to the
City.
5. The plans and specifications for the Jetty Bulkhead
Construction at Channel Road (C -1242) were approved,
and the City Clerk was authorized to advertise for
bids to be opened at 10:00 A. M. on November 4, 1969.
(A report from the Public Works Director was pre-
sented.)
6. The Temporary sewage pump station and off -site
sewer facilities, Tract No. 6621 (Harbor View Homes)
were accepted, and the City Clerk was authorized to
release the Faithful Performance Bond and to release
the Labor and Materials Bond in 6 months provided no
claims have been filed. (A report from the Public
Works Director was presented. )
7. Expense accounts of Mayor Doreen Marshall, Council-
men Paul Gruber and Robert Shelton and City Manager
Harvey Hurlburt for trip to San Francisco, September
28 to October 1, 1969 to attend the annual League of
California Cities Conference, were approved.
8. The June 30, 1969 Inter -Fund Transfers were ap-
proved, and the following Budget Amendments, Closi
Entries, were approved: (A report from the Finance
Director was presented.)
C -92, $368,705.40 increase in Unappropriated Surpl
a decrease in Budget Appropriations and an increase
in Revenue Estimates, General Fund - closing entry.
Volume 23 - Page 85
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COUNCILMEN
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CITY OF NEWPORT BEACH
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ROLL CALL �N�°s
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October 13, 1969 INDEX
C -93, $9, 180. 31 decrease in Unappropriated Surplus;
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a decrease in Budget Appropriations and decrease in
Revenue Estimates, Park and Recreation Fund -
closing entry.
C -94, $40.86 decrease in Unappropriated Surplus; a
decrease in Budget Appropriations and a decrease in
Revenue Estimates, Library Fund - closing entry.
C -95, $10, 856. 10 increase in Unappropriated Surplus;
a decrease in Budget Appropriations and an increase
in Revenue Estimates, Retirement Fund - closing
entry.
C -96, $86,652.17 increase in Unappropriated Surplus;
a decrease in Budget Appropriations, and an increase
•
in Revenue Estimates, State Gas Tax Fund (Sed.
2106) - closing entry.
C -97, $110,184.41 increase in Unappropriated
Surplus; a decrease in Budget Appropriations and an
increase in Revenue Estimates, State Gas Tax (Sed.
2107) - closing entry.
C -98, $14, 857. 35 increase in Unappropriated Surplus;
an increase in Revenue Estimates, Traffic Safety
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Fund - closing entry.
C -99, $12, 823. 74 decrease in Unappropriated Surplus;
a decrease in Revenue Estimates, Parking Meter
Fund - closing entry.
C -100, $5,404.55 increase in Unappropriated Surplus;
an increase in Revenue Estimates, Tide & Submerged
Lands Fund - closing entry.
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C -101, $27, 117. 86 increase in Unappropriated
Surplus; a decrease in Budget Appropriations and a
decrease in Revenue Estimates, Gas Tax Contribution
Fund - closing entry.
C -102, $1, 788.19 increase in Unappropriated Surplus;
a decrease in Budget Appropriations and a decrease
in Revenue Estimates, Capital Improvement Fund -
closing entry.
C -103, $58, 961.47 increase in Unappropriated
Surplus; a decrease in Budget Appropriations and an
increase in Revenue Estimates, Building Excise Tax
Fund - closing entry.
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Volume 23 - Page 86
COUNCILMEN
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CITY OF NEWPORT BEACH
October 13. 1969
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C -104, $8,162.00 increase in Unappropriated Surplus;
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an increase in Revenue Estimates, Water System
Development Fund - closing entry.
C -105, $150,548.11 increase in Unappropriated
Surplus; a decrease in Budget Appropriations and an
increase in Revenue Estimates, Water Fund - Closing
entry.
C -106, $871.00 increase in Unappropriated Surplus;
an increase in Budget Appropriations and an increase
in Revenue Estimates, Marinapark Fund - closing
entry.
C -107, $8, 385. 80 decrease in Unappropriated Surplus;
transfer surplus to Reserves for Surfboard Acquisition
and Tennis Court Construction, Park and Recreation
Fund - closing entry.
C -108, $346. 50 increase in Unappropriated Surplus;
transfer from Reserve for Surfboard Acquisition,
Park and Recreation Fund - closing entry.
C -109, $8, 159. 80 increase in Unappropriated Surplus;
transfer from Reserve for Tennis Court Construction
for partial payment of Mariners Park Tennis Courts
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to Building Excise Tax Fund - closing entry.
C -110, $100, 000. 00 decrease in Unappropriated
Surplus, to transfer surplus to Reserve for future
water sources, Water Fund - closing entry.
C -111, $32,001.65 decrease in Unappropriated
Surplus; transfer Surplus to Reserve for Off - Street
Parking, Parking Meter Fund - closing entry.
C -112, $2,712.50 increase in Unappropriated
Surplus; return to Unappropriated Surplus the 1968 -69
requirement of $110, 535. 00 and set up the 1969 -70
requirement of $107, 822. 50, Water Fund'- closing
entry.
C -113, $5,236.21 decrease in Unappropriated
Surplus, to provide additional amount to be refunded
to Orange County Road Department for over deposit
of Improvement of Jamboree Road Project, Gas Tax
Contribution Fund - closing entry.
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Volume 23 - Page 87
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Motion
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October 13, 1969 INDEX
ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. . The application of Robert L. Kay to construct a 20- Curb Cut
foot wide curb cut at 126 Diamond Avenue, Balboa 126
Island, was presented with a report from the Public Diamond
Works Director. Bal Isle
Robert L. Kay spoke from the audience.
Subject application was approved on the condition that
first the staff was to see if there was a legal way to
require removal of the existing nonconforming fence
across the alley.
2. Resolution No. 7079 designating intersections at which IStop Signs
vehicles are required to stop and directing the Traffic CdM
Engineer to erect necessary stop signs at various
locations in Corona del Mar was diaried for October
27, 1969.
CONTINUED BUSINESS:
1. The matter of Tidelands Use Fees was moved out of
the regular order of business and taken up immediat
after the public hearings.
2. A report from the Acting City Manager regarding the
leasing of City -owned property located at the south-
east corner of Brookhurst and Adams in Huntington
Beach was presented with a letter from the Newport
Harbor -Costa Mesa Board of Realtors regarding the
Real Estate Advisory Committee's recommendations.
The City Attorney was directed to prepare separate
twenty -five year lease documents for the leasing of
Parcel A to the Atlantic - Richfield Oil Company for
a minimum revenue consideration of $18, 375 per
year offset against a gallonage rental of 2 1/8� per
gallon; the leasing of Parcels B, C, and D.to Mr.
John Shea for a minimum annual revenue consideratioi
of $19, 500, of which $6, 500 would be the minimum
rental on Parcel B offset against 2% of the gross
receipts from the restaurant to be constructed on this
parcel, and $13, 000 for Parcels C and D offset agains
I� per gallon gasoline pumped in conjunction with the
car wash operation to be constructed on Parcels C
and D; all uses to be subject to the approval of the
City of Huntington Beach Planning Commission and
the City Manager of the City of Newport Beach.
Voume 23 - Page 88
Adams /
Brookhurst
City =owned
Property
ROLL CALI
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11
COUNCILMEN
CITY OF NEWPORT BEACH
October 13, 1969
CURRENT BUSINESS:
MINUTES
1. A report was presented from the City Manager, Chair•
man of the Underground Utilities Committee, regard-
ing the Underground Utilities Committee's recom-
mendations in connection with establishing priorities
for underground utility districts.
The Public Works Director was directed to prepare
a report setting forth the reasons why the areas
selected should be classified as underground utility
districts, and scheduling public hearing to determine
whether or not a given area should be set up as an
underground utility district; and the following order
of priorities for establishing underground utility
districts was approved:
(1) Irvine Avenue from 15th Street to 16th Street;
(2) Newport Blvd. and Balboa Blvd. from 33rd
Street to McFadden Place and 32nd Street from
Newport Blvd. to Balboa Blvd.;
(3) Ocean Blvd. from Poppy Avenue 400 feet
westerly;
(4) Pacific Coast Highway from the Sea Scout Base
to Dover Drive.
2. A request from the Yellow Cab of Newport and Costa
Mesa, Inc. for approval of proposed changes in
schedule of rates was presented.
Herman Tate, owner and President of Yellow Cab of
Newport and Costa Mesa, Inc., spoke from the
audience.
The matter was diaried for October 27 and the staff
was directed to prepare a report regarding services
rendered in the community, particularly in relation
to the Orange County Airport.
3. A report was presented from the Planning Director
regarding application of I. D. H. (Holstein Company),
joint venture, for approval of Tentative Map for
Tract 6905, subdivision of 28.85 acres into 50 resi-
dential lots and one green area lot, a portion of
Blocks 51 and 52 of Irvine's Subdivision, located on
the westerly side of Eastbluff Drive, south of the
extension of Vista Del Oro.
Planning Director Larry Wilson gave a staff report
and presented the findings of the Planning Commissioi
in connection with Tentative Map for Tract 6905, Use
Permit No. 1422(b), Tentative Map for Tract 7082
and Use Permit No. 1422(d).
Volume: 23 Page 89
INDEX
inuer-
g r ound
Jtilities
Yellow Cab
Co
Tr 6905
COUNCILMEN
ork
0
ROLL CALL �'� 9M \t X-%
CITY OF NEWPORT BEACH
October 13. 1969
MINUTES
lit
it
Robert Bein, engineer for Holstein Company, spoke
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from the audience.
Motion
x
The Tentative Map for Tract 6905 was approved
Ayes
x
x
x
x
x
x
x
subject to conditions recommended by the Planning
Commission.
4. A report was presented from the Planning Director
Use Perin
regarding application of I. D. H. (Holstein Company),
#1422(b)
joint venture, for approval of Use Permit No. 1422(b)
to subdivide property located on the westerly side of
Eastbluff Drive, and to construct one and three -story
residential units as a part of a Planned Residential
Development, Tract 6905.
Motion
x
Use Permit No. 1422(b) was approved subject to
•Ayes
x
x
x
x
x
x
x.
conditions recommended by the Planning Commission.
5. A report was presented from the Planning Director
Tr 7082
regarding application of I. D. H. (Holstein Company),
joint venture, for approval of Tentative Map of
Tract 7082, subdivision of 13.34 acres into 71
residential lots and one green area lot, portion of
Blocks 51 and 52 of Irvine's Subdivision, located on
the north side of the extension of Vista Del Oro,
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westerly of Eastbluff Drive.
Motion
x
The Tentative Map for Tract 7082 was approved,
Ayes
x
x
x
x
x
x
x
subject to conditions recommended by the Planning
Commission.
6. A report was presented from the Planning Director
Use Perm
regarding application of I. D. H. (Holstein Company),
#1422(d)
joint venture, for approval of Use Permit No. 1422(d)
to subdivide property located on the north side of the
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extension of Vista Del Oro, westerly of Eastbluff
Drive, and to construct one and two -story residential
units as part of a Planned Residential Development,
Tract 7082.
Motion
x
Use Permit 1422(d) was approved, subject to con -
Ayes
x
x
x
x
x
x
x
ditions recommended by the Planning Commission.
7. A report from the City Attorney regarding anti -smog
Air
litigation was presented with a resolution of the Board
Pollution
of Supervisors of Los Angeles County in connection
with the suit against the major automobile manu-
facturers and inviting governing bodies to attend
hearing on the intervention action in the Federal Court
in Los Angeles on October 13.
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Volume 23 - Page 90
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COUNCILMEN
CITY OF NEWPORT BEACH
MINUTES
TOLL CALL \� \o%�
\���ys
9 October 13, 1969 INDEX
Motion
x
The following resolutions were adopted after the
yes
x
x
x
x
x
x
x
reading of the resolutions was waived by unanimous
consent of the Council:
Resolution No. 7086 expressing Council's concern
R -7086
about the threat to public health from air pollution
and urging the United States Attorney General to
reconsider the advisability of the decision to settl
the anti -trust action against the four major
domestic auto manufacturers without a trial.
Resolution No. 7087 authorizing the Attorney
R -7087
General of the State of California to represent
the City of Newport Beach in a civil anti -trust
action against certain automobile manufacturers.
8. A proposal from Binder, Mestyanek & Co., certified
Audit
public accountants, for auditing services to the City
Report
for the fiscal year 1969 -70, under the same terms
and conditions as they served for the fiscal year
ended June, 1969, except for certain changes in the
Motion
x
annual audit fee and hourly rates, was diaried for
Ayes
x
x
x
x
x
x
x
October 27 for a presentation by the auditors.
9. A letter addressed to the City Manager from Southern
SCAG
California Association of Governments (SCAG) wel-
coming the City into membership and requesting the
names of the City's official representative and alter-
nate, was presented.
Motion
x
The Mayor was appointed as the City's official
Ayes
x
x
x
x
x
x
x
representative, and the Vice Mayor as the alternate
official representative to the Southern California
Association of Governments, and the staff was
directed to advise SCAG of said appointments.
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10. A report was presented from the Harbor and Tide-
Irvine Co
lands Administrator regarding request from The
Variance
Irvine Company for variance from Harbor Permit
Policy in regard to storage lockers on piers and
floats in connection with Harbor Permit No. 101 -104.
The request of The Irvine Company to construct
storage lockers exceeding the Harbor Permit Policy
height limitations in connection with Harbor Permit
No. 101 -104, located along Bayside Drive between
Motion
x
the Balboa Island bridge and the Balboa Yacht Club,
Ayes
x
x
x
x
x
x
x
was approved.
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Volume 23 - Page 91
COUNCILMEN CITY OF NEWPORT BEACH MINUTES
ROLL CALL
oy
4 9 October 13, 1969 INDEX
•
11. A report from the Public Works Department regarding
Parking
x
Seaview Avenue parking control was diaried for
Prohi-
•Motion
Ayes
x
x
x
x
x
x
x
October 27.
bitions
HARBOR PERMITS:
1. A report was presented from the Harbor and Tide-
Harb Per
lands Administrator regarding Harbor Permit Appli-
Appl
cation 225 -1510 of Mr. and Mrs. George M. Mott to
construct a groin pier, ramp and .float bayward of
Mott, Ge
1510 South Bay Front, Balboa Island.
A letter from George C. Woods, owner of property
at 116 Abalone Avenue, objecting to the construction
of any pier at 1510 South Bay Front or any other
location on Balboa Island and enumerating reasons
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for objection, was presented with a petition bearing
thirty -four signatures objecting to the issuance of
subject harbor permit application.
Harbor and Tidelands Administrator George Dawes
gave a staff report and presented a petition given to
him just before the meeting bearing twenty -three
signatures approving subject permit.
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Mrs. George Mott spoke from the audience.
The following people spoke from the audience opposing
subject permit: Ralph Allen, George Woods and
Kenneth Swift.
Motion
x
Harbor Permit Application 225 -1510 was disapproved.
Ayes
xxxxxx
Noes
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ADDITIONAL BUSINESS:
1. Mayor Marshall nominated Councilman Robert Shelton
Npt Centf
as Chairman and Councilman Ed Hirth as member of
Fire
a Council Committee to work with the City Manager
Station
and staff on the selection of an architect for the
Architect
Jamboree Road at Santa Barbara Avenue Fire Station.
Selection
Committe
Motion
x
Mayor Marshall's nominations were approved and
Ayes
x
x
x
x
x
x
x
Councilman Shelton was appointed as Chairman and
Councilman Hirth as a member of the Newport Center
Fire Station Architect Selection Committee.
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Volume 23 - Page 92
m
COUNCILMEN CITY OF NEWPORT BEACH MINUTES
:JLL CALLS
oZy�C�+9
October 13, 1969 INDEX
Motion
x
2. The Mayor and the Freeway Committee were author-
Pacific
x
x
x
x
x
x
x
ized, with the assistance of the staff, to prepare a
Coast
�es
request for the earliest possible presentation to the
Freeway
State Highway Commission for study of the various
alternate routes between the Upper Bay crossing and
the westerly city limits of Newport Beach which stay
out of the corporate limits of the City of Costa Mesa.
3. Proposed Ordinance No. 1316,. being,
Speed
Limits
AN ORDINANCE OF THE CITY OF NEWPORT
San Joaquin
BEACH AMENDING SECTIONS 12. 24.045 AND
Hills Rd
12. 24.058 OF THE NEWPORT BEACH
0 -1316
MUNICIPAL CODE RELATING TO PRIMA
FACIE SPEED LIMITS,
decreasing the speed limit from 50 miles per hour to
40 miles per hour on San Joaquin Hills Road between
Marguerite Avenue and MacArthur Boulevard, was
presented.
Motion
x
Ordinance No. 1316 was introduced and passed to
Ayes
xxxxxxx
second reading on October 27, 1969.
In connection with the proposed ordinance regarding Tide-
Tidelands
lands Use Fees, it was agreed that the staff be requested
Use Fees
•
to prepare a precise inventory of all piers affected and
all piers not affected in the lower bay and to prepare a
large map with color coding for display in the Council
Chambers at the October 27th meeting, and the City
Attorney was requested to draft the ordinance at the
earliest possible date and to get it to Council and intereste
parties.
Mayor Marshall stated the regularly scheduled Study
•
Session for October 20 would not be held.
Motion
x
The meeting was adjourned at 12:50 A. M. to 7:30 P.M.,
Ayes
xxxxxxx
October 20, 1969, for a joint meeting with the Planning
Commission to review the general plan program and the
Newport Tomorrow report, to be held at Mariners Multi-
purpose Room.
o1) )IAM
Mayor
ATTEST:
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City s Clerk
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Volume 23 - Page 93