HomeMy WebLinkAbout03/23/1970 - Regular MeetingCOUNCILMEN
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CITY OF NEWPORT BEACH
REGULAR COUNCIL MEETING
Place: Council Chambers
Time: 7:30 P. M.
Date: March 23, 1970
index
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Present
xxxx
x
x
Roll Call.
The reading of the Minutes of the Regular Meeting of
Motion
x
March 9, 1970 was waived and said Minutes were approved
Ayes
xxxx
x
x
as written and ordered filed.
PUBLIC HEARINGS:
1. Mayor Marshall opened the public hearing regarding
Alpac
continued appeal of Clifford J. Alpaugh from the
Hear:
decision of the Planning Commission granting Vari-
ance No. 969 to the City of Newport Beach in behalf
of Mrs. Audre Schiff for the construction of a carport
on front one -half of lot at 1909 W. Balboa Boulevard,
Newport Beach, and to allow said carport to encroach
•
into the five foot front yard setback in an R -3 Zone.
A report from the City Manager was presented.
Assistant Manager Jim DeChaine gave a 'staff report.
The following people spoke from the audience opposing
subject Variance: C. J. Alpaugh, Paul Hines, Mr.
Bartell and William Roode.
10
Mrs. Audre Schiff spoke from the audience.
Motion
X
The hearing was closed.
Ayes
XXXXXXX
Further discussion was had,
Motion
x
The hearing was, reopened.
yes
xxxxx
x
Mr. R. F. Van Kolken spoke,.in oppositioh to .the'
Variance. Mrs. Audre Schiff stated she felt she had
clear title to Parcels A and B.
Motion
x
The City Attorney was directed to take whatever action
Ayes
x
x
x
-.
x
x
necessary to clear the titles on Parcels B and C; the
Noes
x
question of Variance No. 969 was referred back to the
Planning Commission as to whether the variance, as
granted, was for a carport or garage; and it was
directed that the public hearing remain open.
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CITY OF NEWPORT BEACH
March 23, 1970
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Z. Mayor Marshall opened the public hearing. in con:- :.
Weed
nection with the Spring, 1970 Weed Abatement
Abate -
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Program in compliance with Resolution No. 7150.
ment
City Clerk Laura Lagios stated that no letters of
protest had been received.
No one desired to be heard on the matter.
Mayor Marshall closed the hearing with the unanimous
consent of the Council.
Resolution No. 7157, ordering the Fire Chief to abate
R -7157
weeds and other public nuisances existing upon streets,
alleys, sidewalks, parkways and private property
Motion
within the City, was adopted after the reading of the
Ayes
x
x
x
x
x
x
x
resolution was waived by unanimous consent of the
•
Council. .
ORDINANCES FOR INTRODUCTION:
1. Proposed Ordinance No. 1332, being,
Mobile
Xray
AN ORDINANCE OF THE CITY OF NEWPORT
Units
BEACH ADDING CHAPTER 6.15 TO TITLE 6 OF
THE NEWPORT BEACH MUNICIPAL CODE
•
ESTABLISHING REGULATIONS FOR MOBILE
XRAY UNITS,
was presented with a report from the City Manager.
Motion
x
Ordinance No. 1332 was introduced and passed to
Ayes
x
x
x
x
x
x
x
second reading on April 13, 1970.
•
2. Proposed Ordinance No. 1333, being,
AN ORDINANCE OF THE CITY OF NEWPORT
Soliciting/
BEACH AMENDING SECTION 5.08. 110,
Peddling
CHAPTER 5.08 OF THE NEWPORT BEACH
MUNICIPAL CODE, RELATING TO SOLICITING
AND PEDDLING,
exempting persons engaged in the sale, delivery and
distribution of newspapers from solicitor's license
requirement, was presented with a report from the
City Attorney.
Motion
x
Ordinance No. 1333 was introduced and passed to
Ayes
x
x
x
x
x
x
second reading on April 13, 1970.
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CITY OF NEWPORT BEACH
March 23, 1970
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3. Proposed Ordinance No. 1334, being,
Soliciting/
•
AN ORDINANCE OF THE CITY OF NEWPORT
Peddling
BEACH ADDING CHAPTER 5.09 TO TITLE 5
OF THE NEWPORT BEACH MUNICIPAL CODE,
ENTITLED "REGISTRATION OF SOLICITORS
.AND PEDDLERS,"
eliminating Council approval of solicitors' licenses
and providing for the requirement of City identification
cards, was presented.
Motion
X
Ordinance No.. 1334 was introduced and passed to
Ayes
XXXXKXX
second reading on April 13, 1970.
CONSENT CALENDAR:
®
'Potion
X
The following items were approved by one motion
Ayes
xxxxKxx
affirming the actions on the Consent Calendar:
1. The following Advisory Communications were ordered
filed:
Letter from Elaine Durkin protesting development of
the Upper Bay.
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Letter from the President of the Corona del Mar
Chamber of Commerce enclosing letter from Mrs.
Edward J. Lutiani regarding the condition of the
Corona del Mar State Beach.
Letter from the California Highway Commission,
Department of Public Works, enclosing transcript of
testimony heard at the February 19 meeting.
•
Letter from the California Chapter of the American
Institute of Planners regarding its resolution sup-
porting policies of local, regional, state and federal
governments which prevent the creation of single -
class communities.
Letter. from Mrs. M. Hoe urging stricter enforcement
of the dog leash law.
Notice of seminar to be held March 27 at UCI on Water
Quality and Degredation in the Santa Ana River Basin.
Agenda of the Board of Supervisors meetings held
March 10, 11, 17 and 18, 1970.
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CITY OF NEWPORT BEACH
March 23, 1970
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Referred to Pending Legislation Committee, copy of
Shoreline
a resolution of the City of Seal Beach encouraging co-
operative measures for protection and development of
the shoreline while concurrently not approving of a
State control agency.
Referred to Freeway Committee, letters from Mr.
Pacific
and Mrs. Keith L. Nelson, Helen Gehlke, D. A.
Coast
Gehlke, Barbara Van Hoven, Dale Weise, Dr. Robert
Freeway
Ross, Dr. E. H. Dondis, Jon and Sybil Jacobsen
opposing possibility of relocating the Corona del Mar
Freeway interchange.
Referred to Freeway Committee, letter from the
Pacific
Directors of the Corona Highlands Property Owners
Coast
Association stating that the most favorable interchange
Freeway
plan is that of Plan S -3 which locates the interchange
in Coyote Canyon or to the east of Cameo Highlands,
and stating that an interchange in Morning Canyon
would be totally unacceptable in the area.
Referred to Freeway Committee, letter from Peggy
Pacific
and Grover Moore opposing the Coastal Freeway
Coast
through the Newport -Costa Mesa - Corona del Mar
Freeway
area.
Referred to staff for reply, letter from Chairman of
"GOO -Two" (Get Oil Out) regarding the potentially
disastrous environmental problem common to all
coastal communities south of San Pedro Bay.
Referred to staff for inclusion in current study, letter
Breakers
from James E. Harrington regarding proposed lease
Drive
of a public road owned by the City to the Breakers
Drive Association.
•
Referred to staff for study and report, letter from
Coronado
Winton Ashton regarding street, alley and sidewalk
Sidewalks/
condition in the Coronado Street - Alvarado Place area.
Alley
Referred to Freeway Committee, letters from the
Pacific
following urging Council consideration of the relocatioz
Coast
of the Coast Freeway exchange in Corona del Mar,
Freeway
known as Plan 22, approximately 1000' southeasterly
of Buck Gully: Mr. and Mrs. N. A. Gamble, R. W.
Clifford; Harbor View Hills Association Board of Di-
rectors and Freeway Committee members with a sup-
porting petition bearing 403 signatures of Association
members; and a petition bearing 19 signatures of
residents of the Buck Gully Canyon area and a letter
from Mary and Donald Thomas.
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COUNCILMEN CITY
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1970
BEACH
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3. The following resolutions were adopted after the
reading of the resolutions was waived by unanimous
consent of the Council:
Resolution No. 7158 ordering the canvass of the
Elect
General Municipal Election to be held on the 14th day
of April, 1970, to be made by the City Clerk of the
R -71!
City of Newport Beach.
Resolution No. 7159 designating a one -way street,
One
establishing one -way traffic, northbound, on the alley
Alley
located between Newport Boulevard and Clubhouse
Avenue and extending from 32nd Street to Finley
R -71!
Avenue. (A report from the Traffic Engineer was
presented. )
Resolution No. 7160 authorizing the execution of
Tr 6S
amendments to covenants, conditions and restrictions
being imposed upon Tract 6996.
R -71i
4. The City Clerk's referral of the following claims to
Clain
the insurance carrier was confirmed:
Claim of Dr. and Mrs. Leo V. Turgeon for property
Turge
damage at 41821 Carnation Avenue, Corona del Mar,
allegedly caused by a City vehicle hitting the second
•
story overhang.
Claim of Frank J. Collins filed by his daughter
Collir
Josephine C. Veale for personal injury sustained
when he allegedly slipped on oil on the sidewalk while
crossing alley on Agate near South Bay, Balboa Island.
5. The plans and specifications were approved for the
Annua
Annual Water Main Replacement, Corona del Mar
Water
•
Area and in Vista Bays, 1969 -70, Contract No. 1247, .
Main
and the City Clerk was authorized to advertise for
Repla
bids to be opened at 10:00 A. M. on April 21, 1970,
men,
(A report from the Public Works Director was
presented.)
6. The work was accepted on Street Resurfacing and
St Re
Concrete Repairs, 1969 -70, Contract No. 1240, and
surfE
the City Clerk was authorized to file a Notice of Com-
pletion and to release the bonds 35 days after the
Notice of Completion has been filed. (A report from
the Public Works Director was presented.)
7. The staff was authorized to retain Robert H. Harrison,
Balbo
MAI, to determine the appraised fair market value of
Blvd
the parcels at 203 39th Street, 4300, 4302 and 4506
Wider
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CITY OF NEWPORT BEACH
March 23, 1970
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West Balboa Boulevard for a fee not to exceed $1,.750,
in connection with the future widening of Balboa.
Boulevard. (A report from the Public Works Director
was presented. )
8. The expense accounts of Mayor Marshall for attend -
Expense
ance at the National League of Cities Conference in
Accounts
Washington, D. C. from March 7 to March 11, and
attendance at Lt. Governor's Local Government Task
Force on Coastline Preservation on March 12 and
hearing on S -3093 on March 13 in Santa Barbara and
the expense account of the City Manager for attendance
at City Managers' Conference of League of California
Cities held at the Newporter Inn on February 25 -27,
1970, were approved.
9• The following Budget Amendments were approved:
BA -63, $25, 038 decrease in Budget Appropriations
and Revenue Estimates to provide for a reduction in
the Street and Alley Program, and Estimated Revenue
due to the rejection of Assessment District No. 53.
(A report from the City Manager was presented.)
BA -64, $1, 350 transfer of Budget Appropriations for
City Clerk
temporary clerical help in City Clerk's office, from
Nondepartmental - Professional Services to City Clerk -
Professional Services. (A report from the City
Manager was presented. )
ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A letter from Jack Mullen Realty regarding an offer
City Dump
from the Contemporary Mobilehomes Corporation to
Property
'.
a
purchase City -owned property located at the end of
L.
19th Street, known as the City dump property, was
presented.
Jack Mullen; Reg Wood, representing the Sully- Miller
Land Company; Howard Miller, representing the
Contemporary Mobilehomes Corporation; and Roy
Woolsey spoke from the audience.
Motion
K
Subject letter was referred to the staff for continued
Ayes
x
x
x
x
x
x
study and report pending receipt of appraisal now
being processed by Cedric White.
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COUNCILMEN CITY OF NEWPORT BEACH
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Notion
yes
Motion
Ayes
Motion
Aye s
Motion
dyes
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Motion
Ayes
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2. A letter from Helen Caldwell requesting landscaping
along the canyon side in front of the restroom at Little
Corona Beach was referred to the Parks, Beaches and
Recreation Commission with Council's request that
the Commission also look into the possibility of adding
outside showers.
CONTINUED BUSINESS:
1. A report from the City Attorney regarding obligation
of maintenance of private roadway on southerly side of
Ocean Boulevard between Marguerite and Narcissus
Avenues was postponed to April 13.
2. A report was presented from the Public Works
Director regarding dedication and improvement of
Hospital Road from Newport Boulevard to Placentia
Avenue.
The dedication of Hospital Road as a public street was
approved, and the staff was authorized to prepare the
appropriate documents.
3. The City Attorney was directed to take any necessary
legal action to enforce the City Charter provision
relating to oil drilling against any violaters who have
caused oil wells to be slant drilled into the City.
CURRENT BUSINESS;
1. A report was presented from the Planning Director
regarding Final Map for Tract 7029, consisting of
15.50 acres divided into 71 residential lots, a
Planned Community Development of Donald L. Bren
Company, located easterly of MacArthur Boulevard
at southerly extension of Newport Hills Drive West.
Planning Director Larry Wilson reported on the
findings of the Planning Commission.
The Final Map for Tract 7029 was approved, subject
to the condition that such approval did not in any way
indicate Council approval of the adjacent park as part
of the Newport Beach park system, and subject to
conditions recommended by the Planning Commission
with the exception of Condition No. 3 which recom-
mended that the proposed park adjacent to Tract 7029
on the east be designed and developed in such a way as
to be acceptable as a part of the City park system.
Volume 24 - Page 67
index
Little
Corona
Beach
Restroom
Ocean
spital
Dedication
Oil Well
Drilling
Tr 7029
COUNCILMEN
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CITY OF NEWPORT BEACH
March 23, 1970
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Resolution No. 7161, authorizing the execution of an
R -7161
agreement between the City of Newport Beach and
•
Donald L. Bren Co. for the construction of public
improvements in connection with Tract No. 7029,
Motion
except the main line storm drain, was approved after
Ayes
X
X
C
x
C
X
X
the reading of the resolution was waived by unanimous
consent of the Council.
2. A report was presented from the Planning Director
Tr 7083
regarding Tentative Map for Tract 7083, 3. 9 acres
divided into 22 residential lots and one green area:lot,
located at the southwest corner of Vista Del Oro and
Vista Del Bolsa, developer -I. D. H., Joint Venture
(Holstein Company).
Motion
x
The Tentative Map for Tract 7083 was approved,
Ayes
x
K
X
x
X
K
X
subject to conditions recommended by the Planning
•
Commission.
3. A report was presented from the Planning Director
UP
regarding Use-Permit 1422(h) to permit Planned
1422(h)
Residential Development of 22 residential lots and
one green area lot (Tract 7083), located at the south-
west corner of Vista Del Oro and Vista Del Bolsa,
developer -I. D. H., Joint Venture (Holstein Company).
tion
x
Use Permit 1422(h) was approved, subject to condition
(es
x
x
x
x
x
x
x
recommended by the Planning Commission.
4. A report was presented from the Planning Director
UP
regarding Use Permit 1422(i) to permit the develop-
1422(i)
ment of a management and maintenance area within
Tentative Tract 6885, Unit T -III, located on northerly
side of Vista Del Oro westerly of Eastbluff shopping
center.
William Holstein spoke from the audience and stated
that subject area would be deeded to the combined
Home Owners Associations.
Motion
x
Use Permit 1422(i) was approved, subject to conditions
Ayes
x
X
C
x
X
K
K
recommended by the Planning Commission.
Motion
x
The staff was directed to give all the available information
Promon=
Ayes
x
x
x
x
x
K
x
on Promontory Bay to the Council Candidates.
tory
Bay
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Volume 24 - Page 68
COUNCILMEN
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CITY OF
March 23, 1970
NEWPORT BEACH
index
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5. A report was presented from the Planning Director
Bayside
regarding the findings of the Planning Commission in
Dr
•
connection with Master Plan Amendment No. 25 which
Realign•
proposes to realign Bayside Drive between East Coast
ment
Highway and Jamboree Road (Marine Avenue).
Dave Kaylor,: Project Development for The Irvine
Company, spoke from the audience.
Motion
x
Proposed Master Plan Amendment No. 25 was set for
Ayes
XXXXXXX
public hearing on April 27, 1970.
6. The Tentative Map for Tract 3867 (Promontory Bay),
Tr 3867
a subdivision of 24. 0 plus or minus acres into 62
residential lots and Lot A reserved for waterway
purposes, Lot B reserved for planted area, Lot C
reserved for common waterway access area, Lot D
reserved for parking and marina facilities, Lot E
Wotion
reserved for park site and Lot 63 reserved for com-
Aye's ,.
xxxxxxx
mercial site was postponed to April 27, 1970.
7. Use Permit 1466 requesting permission to develop
UP 1466
residential area of single family dwelling units and
supporting recreational facilities to,include a yacht
Motion
x
basin and marina (Promontory Bay) was postponed
Ayes
X
X
X
x
X
K
X
to April 27, 1970.
8. Resolution No. 7162, adopting a map showing a portion
Bayside
of a certain street known as Bayside Drive which is
Dr
proposed to be vacated, closed up and abandoned, was
Vacatiox
Motion
x
adopted after the reading of the resolution was waived
Ayes
x
x
x
x
x
x
x
by unanimous consent of the Council.
R -7162
9. Resolution No. 7163, declaring intention to order the
Bayside
closing up, vacation and abandonment of a portion of
Dr
a certain street known as Bayside Drive, setting a
Vacatiox
•lotion
x
public hearing for April 27, 1970, was adopted after
Ayes
x
x
x
x
x
x
x
the reading of the resolution was waived by the
R -7163
unanimous consent of the Council.
10. A report was presented from the Planning Director
Planned
regarding "planned residential development parking."
Resi -..
dential
Planning Director Larry Wilson reported on the
Develop
findings of the Planning Commission
ment
Parking
Council policy statement entitled "Planned Residential
Policy
Motion
x
Development Parking" was adopted, as recommended
Stateme:
Ayes
x
x
x
x
x
x
x
by the Planning Commission.
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OF NEWPORT BEACH
1970
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11. A letter from Ron Yeo, AIA, regarding plans for
Oceai
proposed residence of Clifford Cooper, 3601 Ocean
Blvd
•
Boulevard, Corona del Mar, requesting permission
Encrc
to construct retaining walls and exterior steps within
me:
the City right of way, was presented.
Motion
The encroachment at 3601 Ocean Boulevard was
Ayes
xxxx
xx
granted, subject to the condition that the highest point
of the structure does not exceed an elevation of 85
feet from the mean sea level.
12. A report was presented from the Public Works
House
Director regarding house relocation at 6511 Seashore
Reloc_
Drive.
Motion
x
All bids were rejected, and the City Attorney was
Ayes
x
x
x
x
x
x
x
authorized to negotiate a settlement with Mr. and
•
Mrs. Wallace, subject to the condition that the
existing structure be demolished.
13. A report was presented from the City Manager
Adam
regarding the leasing of City -owned property located
Brool
at the southeast corner of Brookhurst and Adams in
hur
the City of Huntington Beach.
Motion
x
The staff was directed to formally notify the Atlantic
.Ayes
x
x
x
x
x
x
x
Richfield Oil Company that the City wishes to termi-
nate leasing proceedings with that company for the
corner parcel of subject property; and the staff was
authorized to negotiate a new twenty -five year lease
for the corner parcel with Humble Oil Company for
the construction of a service station for a consider -
ation of $18, 500 per year, offset against a gallonage
rental of lye per gallon and subject to a cost of living
adjustment every five years, commencing with the
sixth year of the lease.
14. A report was presented from the City Manager
Salar
regarding a Salary and Benefit Survey. consultant.
Benei
Surve
A contract for a Salary and Benefit Survey for the City
Motion
x
of Newport Beach was awarded to Price Waterhouse
Ayes
x
x
x
x
x
x
x
and Co. at a price of $3, 200, and the City Attorney
was directed to prepare the appropriate documents.
15. A report was presented from the City Manager
Cars(
regarding transfer of crude oil purchasing contract.
Oil C
As s ig
Resolution No. 7164, authorizing the assignment of an
me:
agreement between the City of Newport Beach and
Golden Eagle Refining Company for the purchase of
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COUNCILMEN CITY OF NEWPORT BEACH
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Motion
Ayes
•
Motion
Aye s
•
•
Motion
Ayes
•oes
Motion
E
crude oil to Carson Oil Company; was adopted after
the reading of the resolution was waived by unanimous
consent of the Council.
ADDITIONAL BUSINESS:
1. The Council established in principle its willingness to
appropriate City funds to provide for a legislative
advocate to assist in the passage of S -3093 which
would extend the oil drilling sanctuary into the Federa
waters, with the understanding that the exact amount
required and the formula for establishing the City's
fair share would be studied prior to making a final
allocation.
2. Councilman Rogers made a motion to approve the
following special salary adjustments for sworn Police
classes to be effective April 4, 1970:
Police Officer from Salary Range 38 to 38. 5
Police Sergeant from Salary Range 40. 5 to 41. 5
Police Lieutenant from Salary Range 43 to 44. 5
Police Captain from Salary Range 46 to 47
Jim Larsen, President of the Employees Association;
Phil Bowers, General Manager of California League
of City Employees Association; and Fireman Jim
Schoettler; President of the Firemen Association,
objected to the timing of subject salary adjustment.
Police Officer Ed Cibarelli, President of the Police
Officers Association, and Roy Woolsey spoke in favor
of the proposed salary adjustments.
Vice Mayor Parsons made a substitute motion to
postpone consideration of the matter to April 13 arid.
to direct. the. staff to bring back information cbncerni:
requests made by the'._FiremenSand the.Employees. ,
Association, which motion carried.
3. Councilman McInnis made a. motion to approve the
concept of establishing a local study committee to
work with the State Division of Highways on planning
for the Route 57 (Orange) Freeway and to approve the
organizational structure and study committee compo-
sition as presented, and accepted Councilman
Gruber's amendment to appoint Councilman McInnis
as a member of the Freeway Committee and in that
capacity to serve on the local study group.
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-7164
Police
ary
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Orange
Freeway
Study
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CITY OF NEWPORT BEACH
March 23, 1970
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Ayes
XXXXXXX
A vote was taken on Councilman McInnis' amended
motion, which motion carried.
*otion
X
4. A public hearing was scheduled for April 13, 1970 to
Pac.if
Ayes
xxxx
x
x
discuss the various off -ramps in the Corona del Mar
Coas'
area; it was directed that for the purpose of the
Free
public hearing, the design considerations would be
limited to variations on the following basic plans:
Plans J -23A, P -12, P -24 and P -25; the staff was
directed to send copies of the plans to the adjoining
Community Associations and the Corona del Mar
Chamber of Commerce for their review; and the
staff was directed to attempt to arrange a joint
meeting, prior to the public hearing, with official
representatives of Corona Highlands Property Owners,
Harbor View Hills Community, Cameo Community
and Corona del Mar Civic Associations to see if an
•
agreement could be reached between Plans P -12 and
P -25.
Motion
x
The meeting was adjourned at 11:55 P.M.
Ayes
xxxxxxx
,
•
Mayor
ATTEST:
ity Cler c (/
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