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Home My WebLink About10/26/1971 - Regular MeetingCOUNCILMEN y3 c+9ao N?i �'`9 LPN y < < NQZ ROLL CALL CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: October 26, 1971 MINUTES INDEX Present x x x x x x x Roll Call: PRELIMINARY ACTIONS: Motion x 1. The reading of the Minutes of the Regular Meeting of Ayes x x x x x x x October 12, 1971 was waived, and said Minutes were approved as written and ordered filed. 2. The reading in full of all ordinances and resolutions Motion x under consideration was waived, and the City Clerk Ayes x x x x x x x was directed to read by titles only. HEARINGS: 1. Mayor Hirth opened the public hearing regarding Harbor Planning Commission Amendment No. 300, approved View H by Planning Commission Resolution No. 739, amendinf PC Dis the commercial facilities within the multi - family areas and the parking and sign requirements of the Planned Community Regulations for Upper Harbor View Hills (Amendment No. 4 to the Harbor View Hills Planned Community District Regulations); pur- suant to Municipal Code Section 20.51.070. Eric Lassen, representative of The Irvine Company, was in the audience to answer any questions. Assistant Community Development Director Jim Hewicker gave a brief staff report. No one desired to be heard. Motion x The hearing was closed. Ayes xxxxxxx Resolution No. 7548, amending the Upper Harbor R -7548 Motion x View Hills Planned Community Development Plan, was Ayes x x x x x x x adopted. ADDITIONAL BUSINESS: The following item was taken up at this time: 1. Councilman Kymla read in full the following reso- OrCo lution: Airpor Resolution No. 7549, a resolution of the City Council R -7549 of the City of Newport Beach reaffirming its official Volume 25 - Page 286 ills t ROLL CALI • M oti o3 Ayes Motiol Ayes • • COUNCILMEN CITY OF NEWPORT BEACH October 26, 1971 MINUTES position of August 10, 1970 regarding the development and operation of the Orange County Airport. Resolution No. 7549 was adopted. ORDINANCES FOR INTRODUCTION: 1. Amended Ordinance No. 1403, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 6.04 OF THE NEWPORT BEACH MUNICIPAL CODE, EN- TITLED "GARBAGE, REFUSE AND CUTTINGS, was presented. The amendments to Ordinance No. 1403 were appro as submitted; and amended Ordinance No. 1403 was introduced and passed to second reading on Novem- ber 8, 1971. 2. Proposed Ordinance No. 1410, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 7.04. 030 RELAT- ING TO PROHIBITING DOGS OR ANY OTHER ANIMALS ON ALL PUBLIC BEACHES AND PARKS, prohibiting dogs and other animals on the ocean and bay beaches, ocean front sidewalk and public parks . from June 15th to September 15th; and prohibiting them during the period from September 15th to June 15th from the ocean beaches and ocean front sidewalk between the hours of 9:00 A. M. and 5:00 P.M., un- less otherwise specified by resolution of the City Council. A report from the City Attorney was presented with letters from Mrs. Jack C. Heap and Patricia S. Richards supporting a year -round ban of dogs on the beaches and a letter from Howard Rapp stating that he appreciates the opportunity to prove himself as a dog owner.; Helen Sholl and Frances Andorka spoke from the audience in favor of dogs being allowed on the beaches Sally Lyon and Margot Skilling spoke in favor of a complete ban of dogs on the beaches. Volume 25 - Page 287 INDEX Garbage Animals on Beaches COUNCILMEN � t� s o o m ROLL CALL CITY OF NEWPORT BEACH October 26, 1971 MINUTES Motion x Ordinance No. 1410 was introduced and passed to �es x x x x x x x second reading on November 8, 1971. 3. Proposed Ordinance No. 1411, being, Se St, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTIONS 20. 02. 032 AND 20. 02. 225, AND ADDING CHAPTER Z0. 43 TO TITLE 20 OF THE NEWPORT BEACH MUNICI- PAL CODE ENTITLED "AUTOMOBILE SERVICE STATIONS, 11 Planning Commission Amendment No. 299, adding standards for the development of automobile service stations, outlining use permit procedures and pro- viding for the improvement of existing stations which would become nonconforming. A report was presented from the Acting Community Development Director. Assistant Community Development Director Jim Hewicker gave a staff report on the findings of the Planning Commission. Mayor Pro Tem Rogers made a motion to diary the • matter until November 22. Motion x Councilman Kymla made a substitute motion to intro- duce Ordinance No. 1411 and set for public hearing on December 13, 1971, Jack Barnett, Executive Director of the Newport Harbor Chamber of Commerce, spoke from the audi- ence,'in behalf of existing non - conforming stations. Ayes x x xx A vote was taken on Councilman Kymla's motion, Noes x x x which motion carried; and Ordinance No. 1411 was introduced and set for public hearing on December 13, 1971. 4. Proposed Ordinance No. 1412, being, Err Re AN ORDINANCE OF THE CITY OF NEWPORT Sy: BEACH AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AND THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM. • Volume 25 - Page 288 INDEX r vic e itions Lploye e s drement item COUNCILMEN y�o9�,ona ROLL CALL 4 CITY OF NEWPORT BEACH October 26, 1971 MINUTES INDEX ion/ S Sts Prk A report was presented from the City Manager. botion x Ordinance No. 1412 was introduced and passed to Ayes x x x x x x x second reading on November 8, 1971. CONTINUED BUSINESS: 1. A report from the Public Works Director regarding Ocear proposed vacation of the northerly 10 feet of Ocean Front Front adjacent to Lots 15, 16, 17, 18, 19 and 20 in Vacat Block 14 of the Balboa Tract, in exchange for alley A & E easements between "A" and "B" Streets, was pre- Alley sented with a report from the City Attorney regarding reclassification of ocean front right -of -way between "A" and "B" Streets from a highway to a pedestrian walkway. Evelyn Westrem spoke from the audience against the proposed vacation. Motion x The following resolutions were adopted, and the staff Ayes x x x x x x x was directed to notify all the property owners in- volved:. Resolution No. 7550 adopting a map showing a R -75E portion of a certain street known as Ocean Front which is proposed to be vacated, closed up and abandoned. Resolution No. 7551 declaring intention to order R -75_° the closing up, vacation and abandonment of a portion of a certain street known as Ocean Front; setting a public hearing for November 22, 1971. 2. A letter was presented from the Parks, Beaches and Buffal Recreation Commission regarding the relocation of Hills Buffalo Hills Park No. 2 restroom. Merritt Johnson, President of the Newport Hills Com- munity Association, spoke from the audience reaf- firming their desire to change the location of the rest - room. Parks, Beaches and Recreation Director Cal Stewart gave a staff report regarding the Commission's findings. Mr. Regan and Gene Theisen spoke from the audience urging the relocation of the facility. Volume 25 - Page 289 ion/ S Sts Prk ROLL CALI E Motio; Ayes • Motiol Ayes • COUNCILMEN CITY OF NEWPORT BEACH October 26, 1971 MINUTES It was agreed by the Council that the staff would bring back a report at the next meeting regarding finances involved in the relocation. RECESS for five minutes was declared by Mayor Hirth. The Council reconvened with all members present. CURRENT BUSINESS: 1. Reports were presented from the Underground Utilities Coordinating Committee regarding the pro- posed Underground Utilities District and conversion of overhead utility lines. Les Remmers, Orange County Coast Association, spoke from the audience regarding their program for beautification of highways in Orange County. It was directed that (a) first priority be given to under - grounding utilities along Pacific Coast Highway; (b) that a special review of priorities be given to undergrounding when an extensive construction is pro- posed along major and primary streets; (c) that the Underground Utilities Coordinating Committee meet regularly on a quarterly basis unless a special meeting is required; and (d) that both the California Public Utilities Commission and the League of California Cities be urged to (1) support an increase in the amount of funding now being set aside by the power companies for the conversion of overhead utility lines, and (2) support a modification of the service reconnection rules established by Public Utilities Commission Case 8209 so as to eliminate the necessit, for local government being the "middle man. " 2. A report was presented from the Acting Community Development Director regarding a one -year extension of previously approved Tentative Map of Tract 7052, located westerly of Vista Del Oro and northerly of Vista Del Bolsa (Northbluff), Block 52 of Irvine's Subdivision. A one -year extension to previously approved Tenta- tive Map of Tract 7052 was approved, subject to the conditions recommended by the Planning Commission. Volume 25 - Page 290 INDEX Under - 'ground Utilities Tr 7052 COUNCILMEN �tm s000 A'�n ROLL CALL CITY OF NEWPORT BEACH October 26, 1971 MINUTES INDEX Councilman Kymla was excused from the meeting, due to • personal reasons, at 9:25 P.M. 3. A report was presented from the Acting Community Tr 7599 Development Director regarding Tentative Map of Tract 7599, subdividing 0. 5 acres into one lot for development as 24 condominium units, located on the north side of East Ocean Front Boulevard between Palm and Washington Streets, Lots 9 through 16, Block 8, Balboa Tract. Motion x The Tentative Map of Tract 7599 was approved, sub - Ayes x x x x x x ject to the conditions recommended by the Planning Absent x Commission. 4. A report was presented from the Acting Community Tr 7519 Development Director regarding the staff report-to the Planning Commission in connection with Tentative Map of Tract 7519, subdividing 14. 3 acres into 61 lots for development as single - family dwellings, located at the northeasterly corner of San Joaquin Hills Road and Big Canyon Drive at its most westerly intersection with San Joaquin Hills Road, portion of Block 92 of Irvine's Subdivision. • Assistant Community Development Director Jim Hewicker gave a staff report regarding the findings of the Planning Commission on October 21. Motion x The Tentative Map of Tract 7519 was approved, sub - Ayes x x x x x x ject to the 14 conditions recommended by the Planning Absent x Commission. 5. A report was presented from the Acting Community Tr 7510 Development Director regarding the staff report. to the Planning Commission in connection with the Final Map of Tract 7510, subdividing 23. 373 acres into -63 lots for development of single - family dwellings and one lettered lot to be landscaped (portion of Tentative Map of Tract 7432), located northerly of San Joaquin Hills Road and westerly of Spyglass Hill Road, portion of Block 97 of Irvine's Subdivision. Assistant Community Development Director Jim Hewicker gave a staff report on the findings of the Planning Commission on October 21 regarding Tracts No. 7510 and 7511. Bill Frost from Raub, Bein, Frost & Associates was in the audience to answer any questions. • Volume 25 - Page 291 COUNCILMEN 3 ^F� ?�2 CP 09 .yN ycF��fi ROLL CALL u CITY OF NEWPORT BEACH October 26, 1971 MINUTES 197:1 Motion x The Final Map of Tract 7510 was approved, subject x x x x to the conditions of approval attached to Tentative Map 1pyes oes x x Tract 7432, including the Council amendment to con - Absent x dition No. 21 to include the potential of over - flights less than 100 feet, and the additional condition that the full width of Spyglass Hill Road be dedicated and im- proved from San Joaquin Hills Road to the northerly side of its intersection with Dauntless Drive and that the portion of Spyglass Hill Road between Enterprise Drive and Dauntless Drive be completed before occupancy in the homes in Tract No. 7432; and Reso- R -755' lution No. 7552, authorizing execution of an agree- ment with Spyglass Hill, a division of John 13. Lusk & Son, subdivider, for the construction of public im- provements in Tract 7510, was adopted. 6. A report was presented from the Acting Community Tr 751 Development Director regarding the staff report to the Planning Commission in connection with the Final Map of Tract 7511, subdividing 8.146 acres into 12 lots for development as single - family dwellings and two lettered lots to be landscaped (portion of Tenta- tive Map of Tract 7432), located northerly of San Joaquin Hills Road and westerly of ,Spyglass Hill Road, portion of Block 97 of Irvine's Subdivision. .lotion x The Final Map of Tract 7511 was approved, subject Ayes x x x x x x to conditions of approval attached to Tentative Map of Absent x Tract 7386 and the additional condition that the full width of Spyglass Hill Road be dedicated and improved from San Joaquin Hills Road to the northerly side. of its intersection with Dauntless Drive; and that the portion of Spyglass Hill Road between Enterprise Drive and Dauntless Drive be completed before occu- pancy in the homes in Tract No. 7432; and Resolution R -755: No. 7553, authorizing execution of an agreement with Spyglass Hill, a division of John B. Lusk & Son, sub- divider, for the construction of public improvements in Tract 7511, was adopted. 7. A report was presented from the City Manager Police regarding a Discretionary Grant for the development Heli- of a low light level magnified viewing system to per- copte mit the police helicopters to fly higher. Winifred Voegelin read in full a letter to the Council protesting the helicopter patrols. Douglas Biggert spoke from the audience against the police helicopters. • Volume 25 - Page 292 rs COUNCILMEN ��so2oom 2 ,p�9 ROLL CALL CITY OF NEWPORT BEACH October 26, 1971 MINUTES iuncv Submission of a Discretionary Grant request to the x Law Enforcement Assistance Administration was Wotion es x x x x x x approved for the development of a low light level Absent x magnified viewing system for the police helicopters. CONSENT CALENDAR: Motion x The following items were approved by one motion affirming Ayes x x x x x x the actions on the Consent Calendar: Absent x 1. The following Advisory Communications were ordered filed: Letter from Duane Winters, State League Director, League listing the 1971 conferences and institutes and giving Calif a brief description of the League of California Cities Cities organization. Postcard from John Johnson re proposed Civic Center. Civic Center Copy of a letter from the City of Westminster to the CATV City of Costa Mesa re execution of the Joint Powers Agreement for Public Cable Television Authority as • amended to include the changes requested by the City of Newport Beach. Resolution of the City of Fountain Valley approving a CATV Joint Exercise of Powers Agreement creating the Public Cable Television Authority. Resolution of the City of Yorba Linda supporting the Or Co Orange County Airport Land Use Commission and Airport urging the Orange County Board of Supervisors to provide the Commission with meaningful financial assistance. Postcard from Ross Owen re City government. Notice of the Local Agency Formation Commission of hearing to be held on October 27 regarding the pro- posed annexation to Industrial Park, County Service Area No. 10, designated Von Karman Industrial Annexation, located between Barranca Road and McGraw Avenue southeasterly of Von Karman Avenue. Resolution of the City of Pacifica endorsing state- wide apportionment of sales and use taxes on the basis of population, and opposing the manner of distribution • Volume 25 - Page 293 COUNCILMEN ROLL CALL N9 9Ny 9� CITY OF October 2h NEWPORT 1971 BEACH MINUTES 1DEX ins z- 74/ on prescribed by the Bradley -Burns Uniform Local Sales • and Use Tax Law, and letter regarding the League of California Cities involvement. Agenda of the Board of Supervisors meetings held October 12 and 13, 1971 and Notice of Cancellation of the October 19 and 20 meetings. 2. The following communications were referred as indicated: Referred to staff for study and reply, letter from Trash Margret Setterholm, head of "Students for Envixon- Cans mental Action, " regarding City trash cans. Referred to the Planning Commission for study and Zoning recommendation, letter from Ron Yeo, architect, Violati, regarding bootleg apartments. Referred to staff for study and appropriate action, Promos postcard from Mrs. Alan Blum regarding Police tory helicopters and stating that dredging starts at Bay 6:30 A. M. on Promontory Bay. Referred to staff for study and report back, and Resub 2 authorization for temporary extension of Resubdivisior Ocean 8 • 274 until staff report comes back to Council, request Carnati from Carl H. Quandt requesting a six - months exten- sion for Resubdivision 274 to permit a driveway ap- proach and storm drain facility located at the corner of Ocean Boulevard and Carnation Avenue, Corona del Mar. 3. The following resolutions were adopted: Resolution No. 7554 accepting a Quitclaim Deed from Audre Audre Schiff. (A report from Tully Seymour, City's Schiff legal consultant, was presented.) R -7554 Resolution No. 7555 authorizing the execution of an agreement with Raub, Bein, Frost & Associates for Hospita. engineering services for the improvement of Hospital Rd Road between Placentia Avenue and Newport Boule- R -7555 vard. (A report from the Public Works Director was presented.) • Volume 25 - Page 294 ins z- 74/ on COUNCILMEN yy� OCf" �' AOGO�TpN CITY OF NEWPORT BEACH MINUTES /N9 pNZ f ROLL CALL October 26, 1971 INDEX 4. The following claims for damages were denied, and Claims the City Clerk's referral of the claims to the insuranc • carrier was confirmed: Claim of Norma Souder for personal injuries allegedly Souder sustained when she slipped and fell on a sidewalk at or near the corner of Holly and Irvine in Newport Beach on September 23, 1971. Claim of Phyllis B. Brown for personal injuries Brown allegedly sustained when she tripped over a crack in the street on September 14, 1971. Claim of Floyd J. Lauterborn for personal injuries Lauter- to his son Jeffrey which allegedly resulted from an born incident which occurred on August 5, 1971. Claim of Marie J. Wall for personal injuries allegedly Wall sustained when she fell in front of City Hall, 3300 Newport Boulevard, on or about August 1, 1971. Summons and Complaint for Damages for False Arresi McKay of Neil Henry McKay, III, Harbor Municipal Court Case No. 14262. • 5. The following requests to fill personnel vacancies were approved: (A report from the City Manager was presented) One Police Officer to fill a position to be vacant October 28, 1971. One Building Maintenance Man I in the General Ser- vices Department to fill a position now vacant. One Building Maintenance Man II in the General Ser- vices Department to fill a position now vacant. One Refuse Crewman in the General Services Depart- ment to fill a position. now vacant. One Typist Clerk II in the Library to fill a position to be vacant October 29, 1971. 6. The following staff report was received and ordered filed: Report from the Acting Community Development McDonn Director regarding McDonnell Douglas property re- Douglas zoning. Volume 25 - Page 295 all COUNCILMEN y ?i C ROLL CALL u FANS ` T $^ CITY OF NEWPORT BEACH October 26, 1971 MINUTES INDEX 7. The public improvements constructed in conjunction Newporte • with Use Permit No. 1355 ( Newporter Inn Additions), Inn located along Jamboree Road and Back Bay Drive adjacent to the Newporter Inn, were accepted; and the City Clerk was authorized to release the Faithful Performance Bonds and to release the Labor and Materials Bond in six months provided no claims have been filed. (A report from the Public Works Director was presented. ) 8. A Use Permit application fee refund of $150 to Normar Refund E. Nelson was approved. (A report from the Acting Community Development Director was presented.) 9• The City Attorney's referral of the law suit entitled Mohawk "Mohawk Data Sciences Corporation v City of Newport Data Beach, et al," Orange County Superior Court Case Sciences No. 186523, to the County Counsel, was confirmed; and the County Counsel was authorized to appear and defend the interest of the City of Newport Beach in the law suit. (A report from the City Attorney was presented.) 10. The Financial Report of the City of Newport Beach Financial from the City Manager and the Finance Director for Report the fiscal year ending June 30, 1971, and the Auditor' • Opinion from Binder, Mestyanek, Johnson & Co., City auditors, were received and ordered filed. 11. The expense account of Mayor E. Hirth in the amount of $282.76, expense account of Mayor Pro Tem Roger in the amount of $253. 77 and expense account of Councilman McInnis in the amount of $302.47 for attendance at the League of California Cities annual convention in San Francisco from September 26 to September 29, 1971, were approved. 12. The following Budget Amendments were approved: BA -35, $500 transfer of Budget Appropriations to Maintenance of Equipment Account for overhaul of one motorcycle from Police - Rolling Equipment to Police- Automotive Service, General Fund. (A report from the City Manager was presented. ) BA -36, $7, 990. 39 increase in Budget Appropriations and $137,710.02 transfer of surplus for final account- ing and repayment to Future Water Sources for New- port Center Fire Station to Newport Center Fire Station - Furnishings, Building Excise Tax Fund. (A • report from the City Manager was presented. ) Volume 25 - Page 296 COUNCILMEN CITY OF NEWPORT BEACH aosoo.0 c °'P 10 ROLL CALL �N r F9NS ` $ October 26, 1971 • Motion Ayes Absent Motion Ayes Absent • is ITEMS REMOVED FROM THE CONSENT CALENDAR: MINUTES INDEX 1. Letters from Terry Waren and Bessie Westerson Garages regarding condition of garages at 214 33rd Street and on 32nd 209 32nd Street were referred to staff for study and & 33rd appropriate action, and the staff was directed to send a copy of the staff findings and proposed action to Councilman McInnis. 2. A staff report from the City Manager regarding Surfing surfing hours was considered. Lenny Foster of the Newport Harbor High Surfing Club spoke from the audience and requested a meeting with the Council and the staff for the purpose of working out less restrictive surfing hours. The matter was referred back to staff, and the staff was directed to provide their backup material to the Council and to arrange for a meeting with the Surfing Club, some of the members of the City Council and the staff to discuss that information in more detail. 3. A copy of a letter from Ray E. Carpenter to Police Traffic Chief Glavas regarding traffic controls at Mariners Control and Santiago Drive was presented. Councilman Dostal presented a 17 -page petition, bearing approximately 600 signatures of residents in the area, requesting that a stop sign be installed at Santiago and Mariners Drive to create a traffic contro'. for all traffic using Santiago Drive, that additional patrol cars from the Police Department be assigned to the area, and suggesting that additional surveys by the Traffic Department be made for the purposes of installing speed limit signs and any other safety con- trols necessary to insure the safety of all traffic situations in that area; and /or requesting the City to slow traffic on Santiago Drive, stop signs, both ways, on Santiago at Nottingham Road and Mariners Drive, stating that they do not want high speed, through traffic, including Galaxy and Highland Drive also. The following people spoke from the audience. in favor of stop signs in the areas mentioned above: Georgia Kevin, Louise Forbes, Mrs. Roger Blanchard and Milt Sampson. Traffic Engineer Robert Jaffe gave a brief staff report and approved of the suggested speed controls in the area. Volume 25 - Page 297 COUNCILMEN ROLL CALL s Motion yes sent Motion Ayes Absent Motion Ayes Absent • Motion Ayes Absent CITY OF NEWPORT BEACH October 26, 1971 MINUTES INDEX ont x The staff was instructed to install stop signs at the x: x x x x x intersections of Santiago and Nottingham, Santiago X and Mariner's, Santiago and Holiday and Santiago and Pescador, and at Mariners and Highland; and the staff was directed to investigate the results, and, after six months experience, to report back to the City Council regarding the traffic situation; and the staff was also instructed to paint 25 mile zone signs on the streets. ADDITIONAL BUSINESS: 1. Resolution No. 7556, stating intention to restrict Ocean access along the ocean and bay front rights -of -way to Bay Fr x pedestrian travel and authorizing the Traffic Engineer Streets x x x x x x to post the areas with signs limiting the access, was R -7556 X adopted. 2. Resolution No. 7557, requesting the State Water Water Resources Control Board to postpone action on the Quality implementation of any stricter requirements on dis- Contro: charge of municipal and industrial waste to ocean R -7557 X waters until the conclusion of the Southern California x x x x x x Coastal Waters Research Project studies, was X adopted. X The meeting was adjourned at 10:45 P.M. X xxxxx x Mayor =ST- City Clerk tl Volume 25 - Page 298 ont