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HomeMy WebLinkAbout01/13/1969 - Regular Meeting?ack -In- ne -Box Hyans lV Appeal CITY OF NEWPORT BEACH Volume 22 - Page 146 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: January 13, 1969 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers COUNCILMEN Roll Call: Present x x x x Mayor Marshall welcomed members of the Newport Harbor Girl Scout Troop. The reading of the Minutes of the Regular Meeting of December.23, 1968 was waived, and said Minutes were Motion x approved as written and ordered filed. Ayes x x x x I HEARINGS: 1. Mayor Marshall opened the public hearing regarding the appeal of Thomas E. Hyans from the decision of the Planning Commission granting Use Permit No. 1416 to Foodmaker, Inc. (Jack -In- The -Box) for construction of a drive -in, take -out restaurant at 2000 West Balboa Boulevard, Zone C -1. The findings of the Planning Commission were presented with the following communications: (a) Appeal letter of Thomas E. Hyans bearing twenty signatures of residents and property owners re- questing Council to rescind Use Permit 1416 and setting forth eight reasons why they believed their request should be granted. (b) Letter from the Balboa Peninsula Point Associ- ation opposing the proposed location of a Jack -In- The -Box drive - through restaurant because of traffic congestion. (c) Letter from Mr. and Mrs. Morris Cusick, land- owners at 229 -231 19th Street, opposing another restaurant in the area. (d) Letter from Ernest and Kathryn Ballif, owners of property at 212 19th Street, opposing Use Permit 1416 because of traffic congestion, litter and excessive noise. The City Clerk stated that additional petitions bearing sixty -eight signatures had been received in support of Mr. Hyans' appeal letter, and also received were letters from Elizabeth Powell and Edward C. Saunders protesting subject Use Permit. Acting Planning Director Daren Groth reported on the findings of the Planning Commission. James E. Erickson, attorney with the legal firm of Rutan and Tucker introduced representatives of Foodmaker, Inc. for presentation of the nature of the proposed operation and architectural design: Robert Harvey, real estate coordinator, presented photographs of the proposed Page 146 -,igILIclex January 13, 1969 Ar Nc CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 147 X restaurant and of structures presently in the area; David Jervis, architect, presented renderings of architectural designs; and James Decker, manager of the Wilbur Smith Associates' Los Angeles office, discussed traffic in the area. City Traffic Engineer Robert Jaffe and Police Chief Glavas presented staff reports on traffic and traffic enforcement problems related to the proposed operation. Thomas Hyans, appellant, and Dale Warner spoke from the audience in opposition to Use Permit 1416. Attorney Erickson requested approval of the permit and also requested a decision that evening. Mayor Marshall declared the hearing closed with the unanimous consent of the Council. • In the interest of the overall welfare and safety of the citizens of Newport Beach, the decision of the Planning Commission was overruled and Use Permit No. 1416 Motion x was denied. Ayes x x x x x RECESS for five minutes was declared by Mayor Marshall. The Council reconvened with all members present. HEARINGS CONTINUED: Z. Mayor Marshall opened the public hearing in connection inex with Ordinance No. 1289, being, �. 62 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAPS NOS. 50, 53 AND 55, Planning Commission Amendments 239 and 252 re- zoning territory in Annexation No. 62 (Upper Harbor View Hills - Phase II) from P -C, R -3 -B and Un- classified Zones to a "Planned Community" District. A memorandum was presented from the Acting Plan- ning Director regarding Planned Community District regulations. No one desired to be heard. Mayor Marshall closed the hearing with the unanimous consent of the Council. Ordinance No. 1289 was adopted after the reading of Motion x the ordinance was waived by unanimous consent of Roll Call: the Council. Ayes x x x x x Page 147 X CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 148 AmLr_'dex January 13, 1969 X1 3. Mayor Marshall opened the public hearing in connection Annex with Ordinance No. 1290, being, No. 62 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CERTAIN TERRITORY TO THE SEVENTH DISTRICT OF THE CITY AND REVISIN THE DESCRIPTION OF THE BOUNDARY LINES OF COUNCILMANIC DISTRICT NUMBER SEVEN, in connection with Annexation No. 62 (Upper Harbor View Hills - Phase II). No one desired to be heard. Mayor Marshall closed the hearing with the unanimous • consent of the Council. Ordinance No. 1290 was adopted after the reading of Motion x the ordinance was waived by unanimous consent of the Roll Call: Council. Ayes x x x x ORDINANCES FOR ADOPTION: 1. Ordinance No. 1288, being, Com'1 Zone Str AN ORDINANCE OF THE CITY OF NEWPORT Imprvmt/ BEACH AMENDING SECTION 13.05. 030 OF Dedication CHAPTER 13. 05, TITLE 13 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO STREET IMPROVEMENTS AND DEDICATIONS, adding a paragraph to the waiver procedure in con- nection with the City Policy for Financing Capital • Improvements on Undeveloped Land within the City. Ordinance No. 1288 was adopted after the reading of Motion x the ordinance was waived by unanimous consent of the Roll Call: Council. Aye s x x x x: Mayor Marshall stated that due to the late hour and due to the interest of the Girl Scout troop in the audience, with the consent of the Council, Items 2 and 3 under Continued Business of the agenda would be taken out of regular order and would be considered at this time: Memoranda were presented from the Public Works Director regarding the proposed Newport Heights alley paving special assessment district (Assessment District No. 53) and proposed Harbor Highlands street lighting special assessment district (Assessment District No. 52). Page 148 X1 FA !a A Di Ja Rc P< M. E.3 'a ;o 'a R. ;x W, Pi a CITY OF NEWPORT BEACH Volume 22 - Page 149 AlMd,ex January 13, 1969 COUNCILMEN A Z N Z N( N Z P Leslie Thomas and Debbie Goodspeed, members of the Girl Scout troop of Newport Heights, spoke from the audience regarding the condition of the alleys in Newport Heights and requested that something be done. The Public Works Director was directed to prepare a Motion x 'sessmnt report on a proposed alley paving special assessment Ayes x x x x x x x .st 53 district in Newport Heights and Balboa to be submitted to the City Council on March 24; such report to con- tain a description of the proposed assessment district, a set of preliminary plans and an estimate of the total cost. The Public Works Director was directed to prepare a Motion x ;sessmnt report on a proposed street lighting special assess- Ayes x x x x x x x 52 ment district in Harbor Highlands to be submitted to the City Council on February 24; such report to con- tain a description of proposed assessment district, a set of preliminary plans and an estimate of the total cost. The regular order of the agenda was resumed. CONSENT CALENDAR: The following items were approved by one motion affirming Motion x the actions on the Consent Calendar: Roll Call: Ayes xxxxxxx 1. The following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: mboree Resolution No. 6917 authorizing the execution of an agreement with Lockheed Aircraft Corporation for the construction of Jamboree Road between Palisades .lisades/ Road and MacArthur Boulevard. (A report from the icArthur Public Works Director regarding Resolutions Nos. :tension 6917 and 6918 was presented.) nboree Resolution No. 6918 accepting a Grant of Easement ad from Lockheed Aircraft Corporation to the City for lisades/ street and highway purposes in connection with the -Arthur construction of Jamboree Road between Palisades tension Road and MacArthur Boulevard. Resolution No. 6919 authorizing the Attorney General :stern of the State of California to settle and compromise pe certain anti -trust litigation with the American Pipe ses and Construction Company on behalf of the City of Newport Beach. (A report from the City Attorney was presented.) Page 149 11 P: R< Ti Si H: C< i C� ce Ce Ha m Bi Ai CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 150 AJVdex January 13, 1969 iyakawa, Resolution No. 6920 commending Dr. S. I. Hayakawa, S. I. Acting President of San Francisco State College. Resolution No. 6921 authorizing execution of an agree - disades ment with the County of Orange to share the costs of )ad maintenance and operation of traffic control signals -affic at Palisades Road and Tustin Avenue and at Jamboree finals Road and Palisades Road. (A report from the Public Works Department was presented.) 2. The City Manager's recommendation to continue em- Lrbor ployment of temporary clerical help for the City >ordi.- Harbor Coordinator was approved. (Reports from the ator City Manager and the City Harbor Coordinator were presented. 3. A letter from the Orange County Beautification Com- mittee requesting all cities in Orange County to plant dif. Bi- a special tree in 1969 to commemorate California's ntennial 200th birthday was referred to the Parks, Beaches and lebratior Recreation Commission. 4. The City Clerk's referral of the following claims to the insurance carrier was confirmed: Claim of Gene W. Hehn for damages to his car alleged :hn ly caused when his car was involved in an accident with a City vehicle. Claim filed by Gerald L. Blakley, father, for Kevin akley James Blakley for injuries allegedly caused by faulty playground equipment at a City park playground. llantine Claim of Mrs. David Ballantine for damages to . laundry on December 16 allegedly resulting from the Fire Department hydrant testing. 5. The following Budget Amendments were approved: fidget nend- C -38, $23,500 increase in Unappropriated Surplus and nents in Revenue Estimates for payment in full of $23, 500 from Theo R. Barben II for the purchase of Lot 15, Block 227 (Old Lifeguard Headquarters at 2817 New- port Boulevard) from Estimated Revenue, Sale of Property, Capital Improvement Fund. C -39, $2, 750 transfer of Budget Appropriations for funds to continue employment of temporary clerical help for the City Harbor Coordinator from January 15 to June 30, 1969 from Unappropriated Contingency Reserve to City Manager- Administrative - Seasonal and Part -Time, General Fund. of Page 150 CITY OF NEWPORT BEACH Volume 22 - Page 151 Index January 13, 1969 COUNCILMEN 6. The following applications for business licenses were Z N N( N S P 6. The following applications for business licenses were Business approved: License tlpplica= Exempt, Lillian H. Corwin, 547 Wrightwood, Orange, tions door to door soliciting for Field Enterprises. Exempt, Joanne F. Allee, 379 E. 23rd Street, New- port Beach, door to door soliciting for Field Enter- prises. 7. Councilman Howard Rogers' expense account for Expense attendance at California League of Cities conference Accounts in Los Angeles from October 13 to October 16, 1968 was approved. Freeway & 8. A resolution from the California Highway Commission • restating procedure relative to adoption of freeway locations by the California Highway Commission was Express- referred to the Council Freeway and Arterial Streets way Committee. System 9. The following advisory communications were ordered filed: Invitation from the California State Chamber of Com- merce to attend the 41st annual state -wide meeting of the State Chamber of Commerce to be held in Sacra- mento on January 16. Notice of Application of Continental Bus System, Inc., American Bus Lines, Inc., and Continental Passenger Lines before the Public Utilities Commission to in- crease one -way and round -trip intra -state passenger fees. • Resolution of the city of Chino urging legislators of the United States and State of California to control the entrance of minors into Mexico and the narcotics, marijuana and dangerous drug problem in California. Resolution of the city of Upland applauding the efforts of the Acting President of San Francisco State College and resolution of the city of Stanton commending the stand of Dr. S. I. Hayakawa in his administration of San Francisco State College and urging all those in academic authority to give full support to the Acting President of San Francisco State College. Agenda of the Board of Supervisors meetings held December 24, 26, 31, 1968, January 2, 7 and 8, 1969. Page 151 I., Hi C< �l ci CE JI CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 152 i f w 51 Index January 13, 1969 Ix ix x Notice of Local Agency Formation Commission kFCO hearing to be held January 8 on the proposed annex - .g ation to the City of Costa Mesa designated Country untry Club North Annexation, located immediately easterly ub North of Newport Boulevard. (A report from the City Manager was presented.) CONTINUED BUSINESS: 1. The following Civic' Center matters were presented and considered: (a) A report from Economic Research Associates on Vic the advantages and disadvantages to the City in nter having the County municipal court building become • part of its municipal center. (b) A proposal to County Board of Supervisors setting forth the advantages of the Newport Center site for the Harbor Judicial District Courts. (c) An appraisal report from Cedric A. White, M.A.I. regarding the present Civic Center site and the proposed Newport Center site. James McDonald spoke from the audience relative to the present City Hall site. The proposal to the Orange County Board of Super- visors as prepared and submitted by Economic Re- Motion x search Associates was approved. Ayes x x x x Resolution No. 6922, expressing intentions relative to • development of a Civic Center complex in Newport Center and urging the Board of Supervisors of Orange County to select Newport Center as the site for the proposed municipal court facility for the Newport Harbor Judicial District, as amended, was adopted Motion x after the reading of the resolution was waived by Roll Call: unanimous consent of the Council. Ayes x x x x The Civic Center Negotiating Committee was author- ized to proceed with negotiations with The Irvine Com- Motion x pany on the basis of the appraiser4s report. Ayes x x x x Items 2 and 3 were taken up immediately following the Ordinance for Adoption. Page 152 Ix ix x CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 153 Index January 13, 1969 K4 i m m 1� CURRENT BUSINESS: 1. A memorandum was presented from the City Attorney )range concerning procedure for City representation before ,ounty the Civil Aeronautics Board hearing in connection with airport expanded airline operations at Orange County Airport. )peration )evelop- The matter was referred to the Air Traffic Advisory Motion I ment Committee for a report back at the next Council Ayes x x I meeting. )range 2. A letter from the Orange County. Press Club requesting ;ounty the City of Newport Beach to be represented among ?ress Club advertisers in the Orange County Press Club yearbook Motion A "Add One, " was denied. Ayes x x h • HARBOR PERMITS: 1. A notice from the Bay Island Club regarding possible ierHalen, revocation of C. J. VerHalen's Harbor Permit No. ;. J. A -800 was presented with a letter from Peter C. VerHalen representing his father, C. J. VerHalen, stating that since neither he nor his father is familiar with the administrative procedure which is being in- voked by the Bay Island Club, he requests a 60 -day delay in the consideration of the matter by the City Council. The matter was referred to the City Harbor Coordi.- Motion nator for subsequent report. Ayes x x N ADDITIONAL BUSINESS: 1. Permanent loan of nine City flags to the Newport Motion i flag Harbor High School band was approved. Ayes x x x Z. A letter was presented from Marion McDonald sub - 'B &R mitting her resignation from the Parks, Beaches and ;omsn Recreation Commission as she is moving to Sacra- mento. Mrs. McDonald's resignation was accepted with regret Motion x and the Council expressed appreciation and com- Ayes x x x mendation for her years of service with the City. The matter of appointing a replacement to fill Marion McDonald's unexpired term was referred to the Motion x Appointments Committee. Ayes x x x Page 153 K4 i m m 1� U] Sc Di CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 154 Index, January 13, 1969 X W. X X 3. A letter from James W. Peyton, president of the New - iified port -Mesa Unified School District Board of Education, hool inviting members of the Newport Beach City Council to strict meet with the Costa Mesa City Council and the Board of Education on January 14, and stating that a reso- lution from the two city councils in support of the school bond election scheduled for February 11, 1969 would be most helpful at this time. Mr. Peyton's letter was received and the invitation was accepted to attend this joint meeting with the Cost Mesa Council and the Board of Education for discus- sion of the coming bond issues and for the purpose of passing a resolution in support of the school bond Motion issue. Ayes x x: . Vice Mayor Parsons stated that due to a previous com- mitment, he would be unable to be present at the meeting, however, he personally endorsed the reso- lution supporting the school bond issue. The meeting was adjourned at 10:30 P. M. to 7:30 P. M. , Motion January 14, 1969, at the Costa Mesa High School Lyceum. Ayes x x: a.Y Y �11111L'�Q,�jk Y o ATTEST: . City Cl Ark Page 154 X W. X X