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HomeMy WebLinkAbout07/27/1970 - Regular MeetingCOUNCILMEN P 21i 2�9Fyy ROLL CALL \p N $ CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: July 27, 1970 MINUTES I IA1.1� J Present x x x x x x x Roll Call. isThe reading of the Minutes of the Regular Meeting of July 13 and of the Adjourned Meeting of July 20, 1970 was Motion x waived, and said Minutes were approved as written and Ayes x x x x x x x ordered filed. HEARINGS: 1. Mayor Hirth opened the public hearing to hear protests Irvine Ave from property owners on Irvine Avenue who have been Curb & notified to construct curb, gutter and pavement Gutters adjacent to their property on the west side of Irvine Avenue south of 21st Street. City Clerk Laura Lagios stated that a letter had been received from Rev. David Crump requesting that the curbing on the corner of Irvine Avenue and 2lst Street not be done. A report was presented from the Public Works Director. Rev. David Crump spoke from the audience and re- quested deletion of the curved curbing at intersection • of Irvine Avenue and 21st Street. No one else desired to be heard. Mayor Hirth closed the hearing with the unanimous consent of the Council. The Notice to Construct to Rev. David Crump was Motion x modified to delete the curb return at 21st Street and �es x x x x x x x Irvine Avenue; and the staff was directed to construct the improvements provided the work has not been done by the property owners within 60 days of the date of the original Notice to Construct. 2. Mayor Hirth opened the continued public hearing, BEPPU pursuant to Municipal Code Section 5. 04. 240, in connection with proposed revocation of Business License No. 6202 issued to Ramon R. Filorio, doing business as BEPPU, 505 N. Newport Boulevard. City Clerk Laura Lagios stated that a letter had been received from Attorney James Lang, representing BEPPU, stating that Mr. Filorio will personally deliver to the City Clerk on Friday, July 31, his . business license, and requesting that the hearing be removed from the agenda. • Volume 24 - Page 185 COUNCILMEN �f,�, 90 5 oP o 9 2�' T c��PS ROLL CALL CITY OF NEWPORT BEACH July 27, 1970 MINUTES 11191 s mt No one desired to be heard. notion x The hearing was continued to later in the evening Ayes x x x x x x x for the arrival of and to hear the testimony of Police officers assigned to the matter. 3. Mayor Hirth opened the public hearing in connection Asses with proposed Assessment District 52 (Harbor High- Dist 5 lands Street Lighting) for the purpose of hearing protests to the construction of certain street lighting facilities pursuant to the Improvement Act of 1911, being Division 7 of the Streets and Highways Code of the State of California (commencing with Section 5000 thereof), as set forth in Resolution of Intention No. 7197. City Clerk Laura Lagios stated that Affidavits relating to publication of Notice of Hearing, the mailing of printed Notice of Hearing and the posting of the Notice of Improvements were on file in her office. The City Clerk stated that 23 protests against the Assessment District had been received, including o s e fr I tend MX s. e t Ca POn �h Qia `� ermc FranOaslgp arggueiit�e'Su&rR''1�Irs. Marie Ann Doddeto, David Boyle and a petition bearing 16 signatures. She also stated a letter had been received from Mrs. A. C. Atkinson giving com- plete support of Assessment District. A report was presented from the Public Works Director. Mrs. Merton Cameron spoke from the audience and objected to the lights shining directly in their windows. Assistant Public Works Director Ben Nolan stated that the staff would work with the residents for possible relocation of some of the lights. No one else desired to be heard. Mayor Hirth closed the hearing with the unanimous consent of the Council. Resolution No. 7242, determining that a majority R -724 protest does not exist against the proposed work to be done within Assessment District No. 52, overruling all protests, and ordering certain work to be done in • Volume 24 - Page 186 s mt COUNCILMEN y o 9 O G o A ROLL CALL 3 0 np Z CITY OF NEWPORT BEACH July 27, 2970 MINUTES INDEX ,ine . e/432 .ewalk strict .p 50 mil tivities Water said Assessment District pursuant to the "Improve- ment Act of 1911;" and directing that the bids for said work may be opened, examined and declared by the Motion K City Clerk, was adopted after the reading of the Ayes x x x x x x x resolution was waived by unanimous consent of the Council. 4. Mayor Hirth opened the public hearing to hear protest Iry from property owner, Claude Cotton, 432 Irvine Av Avenue, who has been notified to construct sidewalk Sid on Irvine Avenue adjacent to 432 Irvine Avenue. A report from the Public Works Director was pre - sented with a protest letter from Mr. Cotton. Mr. Cotton spoke from the audience and protested • the improvements. Motion x The hearing was continued to August 10, 1970. Ayes xxxxxxx 5. Mayor Hirth opened the public hearing in connection Di: with Ordinance No. 1348, being, Ma AN ORDINANCE OF THE CITY OF NEWPORT • BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 50, Planning Commission Amendment No. 265, Irvine Company request to rezone portion of Block 93, Irvine's Subdivision, located on the north side of San Joaquin Hills Road and the south side of Pacific View Drive adjacent to Lincoln Junior High School, from a. C -O -H District to an R -3 District. ® No one desired to be heard. Mayor Hirth closed the hearing with the unanimous consent of the Council. Motion x Ordinance No. 1348 was adopted after the reading of Ayes xxxxxxx the ordinance was waived by unanimous consent of the Council. ORDINANCES FOR ADOPTION: 1. Revised Ordinance No. 1345, being, Ca, Aci AN ORDINANCE OF THE CITY OF NEWPORT on BEACH ADDING CHAPTER 17.41 ENTITLED Volume 24 - Page 187 INDEX ,ine . e/432 .ewalk strict .p 50 mil tivities Water COUNCILMEN ROLL CALL CITY OF NEWPORT BEACH July 27, 1970 MINUTES INDEX >g censes nployees 7tirem,_ 5 stem "COMMERCIAL ACTIVITIES ON THE WATERS OF NEWPORT HARBOR" TO TITLE 17 OF THE NEWPORT BEACH MUNICIPAL CODE RELATIN TO HARBOR REGULATIONS, requiring permit and application fee for commercial activities on Newport Harbor waters and providing for public hearing to consider application, was presented for second reading. City Clerk Laura Lagios stated that letters had been received from Mr. and Mrs. Dan Gilliland and from Mrs. Barbara Sargeant stating that the Pavilion Queen is too large a boat to be touring between the homes and moorings along the Balboa Peninsula, and also stating that the loud speakers are disturbing to the . residents. Mrs. Gilliland spoke from the audience. Motion x Ordinance No. 1345 was adopted after the reading of Ayes x x x. x x x x the ordinance was waived by unanimous consent of the Council. 2. Ordinance No. 1346, being, Dc Li AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 7.04. 060 OF THE NEWPORT BEACH MUNICIPAL CODE RELATIN TO DOG LICENSES, was presented for second reading. Motion x Ordinance No. 1346 was adopted after the reading of Ayes xxxxxxx the ordinance was waived by unanimous consent of the Council. 3. Ordinance No. 1347, being, Er RE AN ORDINANCE OF THE CITY OF NEWPORT Sy BEACH AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIRE- MENT SYSTEM, was presented for second reading. Motion x Ordinance No. 1347 was adopted after the reading of Ayes xxxxxxx the ordinance was waived by unanimous consent of . the Council. Volume 24 - Page 188 INDEX >g censes nployees 7tirem,_ 5 stem COUNCILMEN yi u'`9 ROLL CALL a CITY OF Julv 27. 1970 NEWPORT BEACH MINUTES INDEX 71 mg ORDINANCES FOR INTRODUCTION: • 1. Proposed Ordinance No. 1349, being, Districi Map 61 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADOPTING DISTRICT MAP 61 AND PREZONING UNINCORPORATED TERRITORY ADJACENT TO THE CITY OF NEWPORT BEACH IN THE EVENT OF SUBSEQUENT ANNEXATION, Planning Commission Amendment No. 266, request Annex i of Jack W. Mullan to pre -zone unincorporated Prezon: territory adjoining the City of Newport Beach for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation to the City, Lots 72 through 81, Tract 706, located . on the easterly side of Acacia Street between Orchard Drive and Palisades Road, was presented. A report from the Planning Director regarding the findings of the Planning Commission was presented with a copy of the resolution of the Local Agency Formation Commission approving the Acacia Palisades Annexation, entitled Annexation No. 71 (Acacia / Mullan). . Planning Director Larry Wilson gave a staff report. Motion x Ordinance No. 1349 was introduced and set for public Ayes x x x x x x x hearing on August 10, 1970. RECESS for ten minutes was declared by Mayor Hirth. The Council reconvened with all members present. • CONSENT CALENDAR: Motion x The following items were approved by one motion Ayes x x x x x x x affirming the actions on the Consent Calendar: 1. The following Advisory Communications were ordered filed: Copy of letter to Chief Glavas from the Orange County Health Department enclosing inspection report of sanitary facilities of the Newport Beach City jail. Volume 24 - Page 189 71 mg COUNCILMEN 3 f�P�1 N�9 ROLL CALL CITY OF NEWPORT BEACH July 27...1970 MINUTES WnFY Letter from Mrs. Gerald T. White opposing the • Upper Newport Bay land exchange. Letter from the Orange County Probation Department regarding the Community Services Project enclosing charts to illustrate the overall plan and anticipated progress of the Project. Notices from the Division of Highways, District 7, of acquisition of properties at 719 and 718 -20 Iris Avenue, Corona del Mar. Letter from William L. O!Bryon, Chairman of the Pacific Bayshore Community Association, and letter from Coast Marshall Duffield, Chairman, and Paul Gruber, Vice Freeway Chairman, of the Harbor Area Freeway Fighters, • stating that the Freeway Fighters adopted a resolution, "resolving, that in supporting the passage of Assembly Bill 1701 by Robert Badham, the Harbor Area Free- way Fighters are not advocating a route along 15th Street, or any substitute route. " Postcard from David A. Kirchner proposing an alignment of City boundaries to the freeway on the north and Jamboree on the east. • Report from the Public Utilities Commission re- garding progress made in installing or improving grade crossing protection in California in 1969. Agenda of the Board of Supervisors meetings. held July 14, 15, 17 and 18, 1970. Report from the League of California Cities regarding two California Public Utilities Commission Orders • which relate to underground utilities and the control of new generating and transmission facilities. Letter from the League of California Cities regarding effects the continuing revenue shortages are having on most cities. 2. The following communications were referred as indicated: Referred to staff for inclusion in study, letter from Mrs. Wilson Woodman requesting control of minibikes and motorcycles on the streets and vacant areas of the City, and letter from Louise Puthuff requesting a • Volume 24 - Page 190 COUNCILMEN 23o�'aoNa ROLL CALL CITY OF NEWPORT BEACH July 27, 1970 MINUTES e area be made available for motor biking and iibit the use of vacant lots for cycling within three fired yards of dwellings. :rred to staff for consideration, letter from the age County Apartment House Association regarding apartment industry setback in Orange County and testing that before the City issues new permits for tiple units, careful consideration be given to the Lncy factor existing within the City and the bor- ng communities. :rred to Pending Legislation Committee, letter a the City of Brea requesting support of the Brea imunity Drug Council's recommendation for imum penalties under the law to any and all ;ons engaged in the illegal sale of narcotics and those arrested within Orange County be bound for trial to the Superior Court. :rred to Planning Department for action, reso- ;n of the Local Agency Formation Commission -oving the Harbor View Hills -Phase 3 Annexation 70. following resolutions were adopted after the ling of the resolutions was waived by unanimous ent of the Council: elution No. 7243 approving the annexation to the of certain uninhabited territory contiguous to the of Newport Beach and known as Annexation No. Shorecliffs -Cameo Shores Tidelands. (Local icy Formation Commission's resolutions approvin xation without notice and hearing were presented elution No. 7244 initiating proceedings to annex Le City certain uninhabited territory contiguous to amity of Newport Beach and known as Annexation 72, Ford Road. Aution No. 7245 approving the annexation to the of certain uninhabited territory contiguous to the of Newport Beach and known as Annexation No. Ford Road. (Local Agency Formation Com- iion's resolutions approving annexation without :e and hearing were presented. ) Volume 24 - Page 191 INDEX otic s Annex 70 R -7243 R -7244 R -7245 c yc: pro: hung Ref Ora the regi mul vac; der'. Refi fror Con may! per; • that ove: Reh luti4 apps No. 3. The rear con; Res City City 68,. Age ann4 • Res to tl the No. Res City City 72, mi s noti • • MINUTES e area be made available for motor biking and iibit the use of vacant lots for cycling within three fired yards of dwellings. :rred to staff for consideration, letter from the age County Apartment House Association regarding apartment industry setback in Orange County and testing that before the City issues new permits for tiple units, careful consideration be given to the Lncy factor existing within the City and the bor- ng communities. :rred to Pending Legislation Committee, letter a the City of Brea requesting support of the Brea imunity Drug Council's recommendation for imum penalties under the law to any and all ;ons engaged in the illegal sale of narcotics and those arrested within Orange County be bound for trial to the Superior Court. :rred to Planning Department for action, reso- ;n of the Local Agency Formation Commission -oving the Harbor View Hills -Phase 3 Annexation 70. following resolutions were adopted after the ling of the resolutions was waived by unanimous ent of the Council: elution No. 7243 approving the annexation to the of certain uninhabited territory contiguous to the of Newport Beach and known as Annexation No. Shorecliffs -Cameo Shores Tidelands. (Local icy Formation Commission's resolutions approvin xation without notice and hearing were presented elution No. 7244 initiating proceedings to annex Le City certain uninhabited territory contiguous to amity of Newport Beach and known as Annexation 72, Ford Road. Aution No. 7245 approving the annexation to the of certain uninhabited territory contiguous to the of Newport Beach and known as Annexation No. Ford Road. (Local Agency Formation Com- iion's resolutions approving annexation without :e and hearing were presented. ) Volume 24 - Page 191 INDEX otic s Annex 70 R -7243 R -7244 R -7245 COUNCILMEN I. A 'k y�o N`9 iP �' ROLL CALL 3+' CITY OF Tulv 27, 1970 NEWPORT BEACH MINUTES INDEX :s 4. Referral of the following claims to the insurance Clms • carrier was confirmed: Dmgs Claims of Dell Gressley, Sharon Dale .Gressley and Gressley Helen Irene Gressley against the City of Newport Beach and against the City of Newport Beach Police Officers R. L. McCulloch, John Doe Petersen and Does I through VI, filed by Attorney Kenneth Murphy, alleging false arrest and imprisonment in connection with the Holliday House Liquor, Corona del Mar, on April 16, 1970. Claim of Southern Counties Gas Company for damages So Counti4 to their 3/4" copper service at 400 Signal Road on Gas June 19, 1970. Claim of Robert Stuart Wallace for damages to his Wallace • boat allegedly caused by a City Recreation Depart- ment boat colliding with his boat which was tied to dock at Balboa Bay Club on July 9, 1970. 5. The City Attorney's referral of the following claim to Clm Dmgi the insurance carrier was confirmed: Claim of Wesley Charles Carlson, filed by Attorney Carlson • William W. Watson, alleging.physical injuries and property, damage sustained in an auto accident in- volving a City vehicle. 6. The public improvements constructed in conjunction Resub 165 with Resubdivision No. 165 and Harbor Permit Harbor No. 221 -2602 were accepted, and the Finance Director Permit was authorized to refund the $6,'000 cash surety 221 -2602 guaranteeing completion of the public. improvements. (A report from the Public Works Director was pre- sented.) 7. The business license application of Shirley M. McBrayer for an amusement game called the Hi- Striker at the Fun Zone was approved. 8. The following Budget Amendments were approved: BA- 3,'$350 transfer of Budget Appropriations for underground electrical conduit for installation of a public telephone at the intersection of Ocean Boule- vard and. Poppy Avenue from Unappropriated Con- tingency Reserve, General Fund, to PB &R - Parks, Parkways, etc., Park and Recreation Fund. (A report from the City Manager Was presented.) • • Volume 24 - Page 192 :s COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROLL CALL 0 • Motion Oyes • Motion Aye s Motion Aye s Ll • ia� July 27, 1970 INDEX BA -4, $146, 400 increase in Budget Appropriations for the purchase of Fire Station Site in Newport Center at Jamboree Road and Santa Barbara from Unappropriated Surplus to Fire Station Site - Jamboree Road and Santa Barbara, Building Excise Tax Fund. (A report from the City Manager was presented. ) BA -5, $250 increase in Budget Appropriations for rental of aircraft for Marine Safety operations from Unappropriated Contingency Reserve to Marine Safety - Rental of Property, General Fund. (Report from City Manager attached) BA -6, $4, 000 increase in Budget Appropriations for Building Department consulting services from Un- appropriated Contingency Reserve to Building - Services, Prof., Tech., General Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter from Mr. and Mrs. A. F. Woodward com- mending the Newport Beach Fire Department for the very efficient and effective manner in which they x handled a water -flood emergency at their home at x x x x x 2571 Wavely Drive, was referred to staff for reply. 2. It was agreed to file a letter from Al Martinson regarding restrooms on the beach. 3. Planning Commission Resolution No.. 724 recom- BBC mending that the City Council deny Specific Plan No. 1 proposed by Balboa Bay Club, Inc. to construct a 96 -unit apartment building having an overall height of approximately 182 feet on the easterly portion of the City -owned property under lease to the Balboa Bay Club, was set for public hearing on August 24, :xxx x x 1970. 4. At the request of the applicant, business application Bus of Robert H. Teller, President of Tel Phil Eng. Inc., License x for an amusement concession called the Space Pillow : x x x x x at the Fun Zone, was withdrawn. CONTINUED BUSINESS: 1. A report was presented from the Public Works UP 1355 Director regarding agreement for construction of public improvements in connection with the Newporter Inn additions, Use Permit No. 1355. Volume 24 - Page 193 COUNCILMEN t� PO S OP O 9 yy3 O� P� OG N� PN ROLL CALL N v PN A C CITY OF NEWPORT BEACH July 27. 2970 MINUTES INDEX U14 •nle of rm tin d St lening 246 son im Resolution No. 7114, authorizing the execution of an R -' amendment to an agreement between the City of New- port Beach and the Newporter Hotel Corporation in connection with Newporter Inn additions, Use Permit Motion x No. 1355, was adopted after the reading of the reso- Ayes x x x x x x x lution was waived. 2. A report was presented from the Public Works Fe: Director regarding storm drain and miscellaneous Sto improvements (Fernleaf Storm Drain, Phase II), Dry Contract No. 1287. Motion x The plans and specifications were approved, and the Ayes x x x x x x x City Clerk was authorized to advertise for bids to be opened at 10 :00 A. M. , August 18, 1970. CURRENT BUSINESS: 1. A report was presented from the Public Works 32r. Director regarding engineering services for the Wi< widening of 32nd Street from Newport Boulevard to Balboa Boulevard, and for the 32nd Street and Sea- shore Drive extensions westerly of Balboa Boulevard. The modification of the 32nd Street widening project was authorized to include design of the 32nd Street and Seashore Drive extensions westerly of Balboa Motion x Boulevard, and the following resolution was adopted Ayes xxxxxxx after the reading of the resolution was waived by unanimous consent of the Council: Resolution No. 7246 authorizing the execution R -' of an agreement between the City of Newport Beach and Shuirman- Simpson, Consulting . Civil Engineers, in connection with the improve- ment of 32nd Street and Seashore Drive. Z. A report was presented from the City Attorney Hix regarding proposed settlement of claim for property Cla damages of Mrs. Claranita B. Hixson. Motion x The City Attorney was authorized to take all steps Ayes x x x x x x x necessary to settle the lawsuit between Mrs. Claranita Hixson and the City, based upon payment to Mrs. Hixson of the sum of $4, 500 in full settlement of her claim. Volume 24 - Page 194 INDEX U14 •nle of rm tin d St lening 246 son im COUNCILMEN iy ?i G� P' Pp �N YP 'n`9 �9N ROLL CALL CITY OF NEWPORT BEACH Julv 27, 1970 MINUTES INDEX PPU Co rport HEARINGS: • Mayor Hirth opened the continued public hearing in con- BE nection with proposed revocation of business license No. 6202 issued to Raymond R. Filorio, doing business as BEPPU, 502 North Newport Boulevard. City Attorney Tully Seymour swore in Police Officer Simon and questioned him regarding the Police Depart- ment's investigation of BEPPU. No one else desired to be heard. Mayor Hirth closed the hearing with the unanimous con- sent of the Council. Wotion The Council, being satisfied with the testimony of Officer x Simon, revoked Business License No. 6202 issued to Ayes x x x x x x x Raymond R. Filorio, doing business as BEPPU, 502 North Newport Boulevard, Newport Beach. CURRENT BUSINESS CONTINUED: 3. A report was presented from the City Manager Or regarding Phase II, Orange County Air Transportation Ai: Plan, Interim Report, by the Ralph M. Parsons Company. Administrative Assistant Phil Bettencourt gave a staff report. Dan Emory, Chairman of the Upper Bay Residents' Noise Abatement Committee, spoke on the Ralph M. Parsons report and stated it was full of contradictions • Clint Hoose, Chairman of the Newport Harbor Cham- ber of Commerce Aviation Committee, invited mem- bers of the Council to attend their committee meetings to be held on the next four Tuesday mornings. Mayor Hirth appointed Councilman Dostal, Council- man Kymla and himself as an Ad Hoc Committee to meet with the Chamber of Commerce Aviation Com- mittee. Motion x A Minute Resolution was adopted strongly urging the Ayes xxxxxxx Orange County Board of Supervisors to set a formal public hearing for all interested parties to be heard, including the City of Newport Beach, on the Ralph M. Parsons Company Interim Report, Phase II, of the • Orange County Air Transportation Plan. • Volume 24 - Page 195 INDEX PPU Co rport COUNCILMEN 00 YP ROLL CALL Motion Ayes • 4otion yes • • • CITY OF NEWPORT BEACH Julv 27. 1970 MINUTES INDEX Airport Land Use Comsn R -7247 ADDITIONAL BUSINESS: 1. Resolution No. 7247, asking the assistance of the Honorable Robert Badham, Assemblyman for the 71st District, in retluesting an opinion from the Attorney General of the State of California concerning the duty of the Board of Supervisors of Orange County to appoint an Airport Land Use Commission pursuant to the provisions of Division 9, Article 3. 5 of the Public Utilities Code of the State of California, was x adopted after the reading of the resolution was waived x x x x x x x by unanimous consent of the Council. Z. Councilman Croul asked for clarification on when the Pacific View Memorial Park property would be an- nexed into the City. - John Vibert, President of Pacific View Memorial Park, spoke from the audience and stated that he would agree to start annexation proceedings by January 2, 1973; and if a written agreement were prepared to that effect, he would present it to the Board of Directors for approval at their next meeting on August 5, 1970. The City Attorney was directed to prepare an agree - x x x x x x x ment for annexation proceedings of the Pacific View Memorial Park property to be commenced by January 2, 1973. Mayor Hirth announced that the Study Session would be held August 3, 1970 at 7:30 P.M. Mayor Hirth adjourned the meeting at 10:25 P. M. Mayor ATTEST eity Clerk Volume 24 - Page 196 INDEX Airport Land Use Comsn R -7247