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Home My WebLink About04/27/1970 - Regular MeetingCOUNCILMEN q S 0 roll • Present • Motion Aye s • • • n U CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: April 27, 1970 Roll Call. The reading of the Minutes of the Regular Meeting of April 13 and of the Adjourned Meeting of April 21, 1970 was waived, and said Minutes were approved as written and ordered filed. Mayor Hirth stated that due to the large number of interested people in the audience, with the unanimous consent of the Council, Current Business Item 1 would be taken up at this time. CURRENT BUSINESS: 1. A letter from ".FREE US" requesting to be placed on the agenda for the City Council meeting of April 27 was presented. The following people spoke from the audience alleging police harassment and requesting that public facilities be made available for their meetings and pop concerts: Robert Meyer, Phyllis Cameron, Nick Licari, Jack Vaughn, Barry Weinberg. Others commenting from the audience were Bill McKay, Bob Hemstreet and Randy Whitesides. RECESS was called for five minutes. The Council reconvened with all members present. Additional discussion was had regarding the "FREE US" requests. It was agreed that small groups would meet with a Council Committee, headed by Vice Mayor Rogers, for further discussion. The regular order of business was resumed. HEARINGS: 1. Mayor Hirth, with the unanimous consent of the Council, opened the combined public hearing in con- nection with Master Plan Amendment No. 25 which proposes to amend the Master Street and Highway Plan by realigning Bayside Drive between East Coast Highway and Jamboree Road (Marine Avenue), and also to close a section of existing Bayside Drive westerly of Jamboree Road (Marine Avenue), with the public hearing in accordance with Resolution No. Volume 24 - Page 90 FREE U` Bayside Dr Realign- ment COUNCILMEN roll call • • 0 • E • CITY OF NEWPORT BEACH April 27, 1970 7163, being a resolution of the City Council of the Bayside City of Newport Beach declaring its intention to order Dr the closing up, vacation and abandonment of a portion Vacation of a certain street known as Bayside Drive. (Promon- tory Bay). . A report from the Planning Director regarding the findings of the Planning Commission was presented with a letter from Cedric A. White, Jr. , M.A. I. , regarding economic impact of the proposed Promon- tory Point development. Planning Director Larry Wilson gave a staff report on both public hearings and also on Continued Business Items Nos. 1 and 2 regarding the Tentative Map for Tract 3867 and Use Permit 1466, all in connection with Promontory Bay. Harbor and Tidelands Administrator George Dawes gave a staff report regarding the Joint Harbor Com- mittee's approval of the Promontory Bay project in principle, subject to the conditions that the applicant must receive approval from the U. S. Corps of Engineers and the City of Newport Beach, and also that the applicant must take precautions against creating excess turbidity. David Kaylor, representing The Irvine Company, and Robert Bein, civil engineer for The Irvine Company on the Promontory Bay project, spoke from the audience. A discussion was had regarding windows to the bay, possible beach erosion on Balboa Island and traffic problems, with the following people participating: Dale Wullner; Ralph Sequita; Ralph Landigan; Jim LaFonte; Ralph Allen, Vice President of Balboa Island Improvement Association; Harvey Pease; Dee Cook; Rahn Maska. Traffic Engineer Robert Jaffe gave a brief staff report and stated there would-be no major change in traffic as a result of the develop- ment. Allan Beek spoke briefly on the past history of the area. Harry Westover representing the Balboa Yacht Basin, opposed the proposed realignment and abandonment of a portion of Bayside Drive and stated that there might be severance damages involved. Mayor Hirth closed the hearings with the unanimous consent of the Council. Proposed Master Plan Amendment No. 25 and the vacation of a portion of Bayside Drive in connection Volume 24 - Page 91 COUNCILMEN roll call n /ys S • Motion Aye s • Motion Wyes • x • Motion x Ayes x i CITY OF NEWPORT BEACH April 27, 1970 with Promontory Bay were referred back to the staff for further study and report back to Council. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1335, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 10. 08, 030 TO TITLE 10 OF THE NEWPORT BEACH MUNICIPAL CODE, RELATING TO USE OF SIDEWALKS FOR COMMERCIAL PURPOSES, was presented for second reading. Ordinance No. 1335 was adopted after the reading of the ordinance was waived by unanimous consent of the Council. ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1336, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 22, Planning Commission Amendment 261, property located at the northwest corner of Flagship Road and Placentia Avenue, from an R -3 and COH District to an APH District, was presented with a report from the Planning Director regarding the findings of the Planning Commission. Planning Director Larry Wilson gave a staff report. Ordinance No. 1336, subject to prior construction of a six foot masonry wall along the interior property line and adjoining residentially zoned property, was introduced and set for public hearing on May 11, 1970. RECESS was called for five minutes. The Council reconvened with all members present. Volume 24 - Page 92 index Prohi- bitions District Man 22 • roll otio: Aye s F1 LJ �1 LJ LJ • • COUNCILMEN CITY OF NEWPORT BEACH April 27, 1970 CONSENT CALENDAR: The following items were approved by one motion affirming the actions on the Consent Calendar: 1. The following Advisory Communications were ordered filed: Letter from Mini Tours regarding termination of services in the City. Letter from Local Agency Formation Commission regarding hearing on April 22 regarding proposed annexation to the Costa Mesa Recreation and Park District designated the Sewell Annexation, portion of Lot 226, Newport Heights Tract, located northerly of Woodland Place between Garden Lane and Tustin Avenue. Letter from R. W. Lillie regarding changing character of Newport Beach. Letters from Mr. and Mrs. D. F. Woodworth and Jack Love in favor of Plan P -25 in connection with the proposed Corona del Mar Freeway interchange location, and a letter from Joan Irving Brandt objecting to Plan P -25. Resolution of the Board of Supervisors dated April 7, 1970 amending Resolution 70 -268, dated March 17, 1970, to include the State of California Resources Department as a participant in the Comprehensive Planning Study of the Development Potential of Upper Newport Bay. Excerpt from Minutes of the Board of Supervisors dated April 15 stating that the Chief Engineer of the Orange County Flood Control District is authorized to make recommendations for flood and .water quality studies for future use in the development of Upper Newport Bay plans. Resolution of the Board of Supervisors dated April 8, 1970 affirming its intention to continue with the present agreement with The Irvine Company for the exchange of land in the Upper Newport Bay. Letters from Helen Fisher Pines, Marilyn Vasso:s, Steve G. Reimer and Arthur Frame objecting to the Upper Bay land exchange. Volume 24 - Page 93 Tours Upper Npt Bay Coop Ping Cmte Upper Npt Bay Coop Cmte pr Npt ay COUNCILMEN ��tipo roll call ys vsy ` i CITY OF April 27, 1970 NEWPORT BEACH index ex 70 rid al Hills Npt Copy of Charles F. Kettering Foundation report for 1969. • Agenda of the Board of Supervisors.meetings held April 14, 15, 21 and 22, 1970. Notice from the Controller of the State of California regarding advance apportionment of Vehicle License Fee Revenues to cities for fiscal 1969 -70, showing Newport Beach's portion to be $221, 354. 26 based on a population of 45, 100. Notice from Orange County Division, League of California Cities, regarding change in date of election to May 14 to fill two city member vacancies on Local Agency Formation Commission. • Copy of letter to Local Agency Formation Commission Ann, from Orange County Flood Control District in con- No. nection with Harbor View Hills Annexation - Phase 3 stating that extensive remedial grading of the land and the construction of drainage facilities will be required for the control and disposal of storm runoff at the time the property is developed. Newspaper clipping of letter from Lindsley Parsons, • Commissioner for the Orange County Sanitation Districts, to the Editor of the Daily Pilot. Z. The following communications were referred as indicated: Referred'to staff, for study and rec6mmendations, Grai pictures and petition signed by 54 resident's and Can; property owners along the G'rand'Canal or adjacent • to it'regarding the condition of'the sea wall and of the canal. Referred to Parks, Beaches and Recreation Com- Buf mission, letter from Harbor View Community Associ- Par] ation with petition signed by 138 residents asking for assistance in providing appropriate recreation direction for Buffalo Hills Park, and memorandum from the Parks, Beaches and Recreation Director to the City Manager. Referred to Upper Newport Bay Cooperative Planning Upr Committee, letter from Allan Beek raising a legal Bay question regarding parks on the Upper Bay. • Volume 24 - Page 94 index ex 70 rid al Hills Npt COUNCILMEN roil call iNymsg �� CITY OF NEWPORT BEACH April 27, 1970 index 3. The following resolution was adopted after the reading Jamboree of the resolution was waived by unanimous consent of Rd • the Council: Constr Resolution No. 7176 authorizing execution of a co- R -7176 operative financing agreement between the City of Newport Beach and the County of Orange for the construction of Jamboree Road between Palisades Road and MacArthur Boulevard, Contract 1205. (A report from the Public Works Director was presented) 4. The City Clerk's referral of the following claim to Claims the insurance carrier was confirmed: for Dmg s Claim of Ruel Jerald Richardson III for the loss of eleven white mice in connection with a car tow -away Richard- on April 10, 1970, alleging improper disposition of son • the mice by the City. 5. The work was accepted on the Pacific Coast Highway PC Hwy Widening at Jamboree Road, Contract No. 1105, and Widening the City Clerk was authorized to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been filed. (A report from the Public Works Director was presented. ) 6. The request of Gordon B. Crary, Jr., 1515 E. Bay Curb Cut Avenue, to construct a curb cut on H Street to relocate his driveway from Balboa Boulevard to H Street, with existing driveway on Balboa Boulevard to be closed up and abandoned, was approved. (A report from the Public Works Director was presented) 7. The business license application of Frank E. Hamilton, 1025 Barnett Drive, Anaheim, for door to . door soliciting for the Lowell's Water Softener and Conditioning Service, was approved. 8. The following Budget Amendments were approved: BA -70, $2, 000 transfer of Budget Appropriations to retain Fred B. Burke as legislative consultant to support California Marine Sanctuary Act, from Utilities to Services, Prof. , Technical, Etc. , General Fund. BA -71, $29, 200 increase in Budget Appropriations and Revenue Estimates for Orange County Road Department contribution for construction of Jamboree Road from Palisades Road to MacArthur Blvd., from • Unappropriated Surplus, Gas Tax Contribution Fund to Jamboree Road between Palisades and MacArthur, Gas Tax Contribution Fund. Volume 24 - Page 95 COUNCILMEN S 4 � roll call ;', G CITY OF NEWPORT BEACH April 27, 1970 index BA -72, $56, 500 increase in Budget Appropriations and Revenue Estimates for State contribution for construction of Jamboree Road from Palisades Road to MacArthur Blvd. from Unappropriated Surplus, Gas Tax Contribution Fund to Jamboree Road between Palisades & MacArthur, Gas Tax Contribution Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter from Mrs. Lillian S. Griswold regarding Carnation public beach at end, of Carnation Avenue in Corona Ave del Mar was presented. Beach City Manager Harvey Hurlburt read a memorandum from the Parks, Beaches and Recreation Director. otion x The staff was directed to investigate the situation yes x x x x x x x and to trim and remove shrubbery, remove any illegal signs and to sign the area as a public beach. 2. A report was presented from the Public Works Annual Director regarding the Annual Water Main Replace- Water ment, Corona del Mar Area and Vista Baya, 1969- Main 1970, Contract No. 1247. Replace - ment Resolution No. 7177, authorizing the execution of a CdM/ contract with Ace Pipeline Construction, Inc. for Vista the Annual Water Main Replacement, Corona del Mar Baya Area and in Vista Baya, 1969 -70, C -1247, in the Motion x amount of $111, 250, was adopted after the reading of R -7177 Ayes x x x x x x x the resolution was waived by unanimous consent of the Council. • CONTINUED BUSINESS: 1. A report from the Planning Director regarding the findings of the Planning Commission in Tr 3867/ connection with the Tentative Map for Tract 3867 Promon- (Promontory Bay),. a subdivision of 24. 0± acres into tory 62 residential lots and Lot A reserved for waterway Bay 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 reserved for park site and Lot 63 reserved for com- Motion x mercial site, was postponed until the additional Ayes xxxxxxx report on Promontory Bay is received from the staff. • • Volume 24 - Page 96 COUNCILMEN �,tioo -o 'F�o �Poo\rotj, roll call yys " � CITY OF NEWPORT BEACH April 27, 1970 index 1466/ mon- ry ion t No. :r e Npt Coop e 2. A report from the Planning Director regarding the UP findings of the Planning Commission in connection Pro . with Use Permit 1466 requesting permission to t o develop residential area of single family dwelling Bay units and supporting recreational facilities to include a yacht basin and marina (Promontory Bay), was post - Motion x pond until the additional report on Promontory Bay Ayes xxxxxxx is received from the staff. 3. The request of Newport Harbor American Legion Am Post No. 291 requesting extension of its lease on the Leg property located at 215 15th Street, Newport Beach Pos was presented with an additional letter from Post No. 291 291 asking that their previous request be taken off the agenda for the present time. Motion x The matter was removed from the agenda. Wes xxxxxxx 4. Mayor Hirth stated that the Mayor was automatically OrC a Board member of Orange County Sanitation Districts San 5, 6 and 7, and he nominated Councilman Parsons Dist as a member of District 5, Councilman Croul as an alternate on District 5, Councilman McInnis as an alternate on District 6, Vice Mayor Rogers as an alternate on District 7, with Councilman McInnis and . Vice Mayor Rogers to answer the role. Motion x The nominations made by Mayor Hirth were approved. Ayes xxxxxxx 5. Mayor Hirth nominated Councilman McInnis to serve Wat as chairman and Councilmen Croul and Dostal to Cmt serve as members of the Water Committee. x The nominations made by Mayor Hirth were approved. lotion es xxxxxxx CURRENT BUSINESS: 1. The presentation of "FREE US" was taken out of the usual order of business and taken up as the first item on the agenda. 2. A letter from Gary Rogers, Corona del Mar High Upr School student, urging the appointment of Dr. Charles Bay Greening to the Upper Newport Bay study team, and Ping requesting to be heard at the Councilmeeting on Cmt April 27, was presented. Volume 24 - Page 97 index 1466/ mon- ry ion t No. :r e Npt Coop e COUNCILMEN �poy Poq roll CITY OF NEWPORT April 27, 1970 BEACH index ae rvmts Trf sory LID ue of Gary Rogers spoke from the audience. . Harry Pease requested advance notice of meetings held by the Study Team. Gary Rogers was assured that citizens would be invited to meet with the Study Team in an advisory position. 3. A report was presented from the Public Works Irvi: Director regarding the construction of public improve -Ave ments on the northwesterly side of Irvine Avenue Imp. between 16th Street and Laurel Place and between Margaret -Drive and 15th Street by using Chapter 27 of the 1911 Act (Little 1911 Act). Motion x The staff was directed to notify abutting property yes x x x x x x x owners to construct missing portions of curb and gutter on the northwesterly side of Irvine Avenue between 16th Street and' Laurel Place and between Margaret Drive and 15th Street; and the City Manager was authorized to execute reimbursement agreemexits to allow some of the property owners along Irvine Avenue to pay for improvements over a period of up to two years. . 4. A report was presented from the City Manager re- Air garding the Air Traffic Advisory Committee. Advi Cmt Mayor Hirth expressed the Council's thanks and ap- preciation to all members of the Committee for their outstanding services to the City and stated Certificate of Appreciation would be presented to the members at the next meeting. . Resolution No. 7178, repealing Resolution No. 6636 R -7 and dissolving the Air Traffic Advisory Committee, Motion x was adopted after the reading of the resolution was Ayes x x x x x x x waived by unanimous consent of the Council. 5. A letter from the National League of Cities regarding Natl membership in the Inter - American Municipal Organi- Leag zation, was presented. I Citi Motion x The City's membership in the Inter - American Ayes x x x x x x x Municipal Organization was disapproved. Volume 24 - Page 98 index ae rvmts Trf sory LID ue of COUNCILMEN '\S0 � 'A roll call, � CITY OF NEWPORT BEACH April 27, 1970 index ADDITIONAL BUSINESS: • 1. The payment of $745 to Vito Valenti, or his attorney, Richard S. Platt, from. the No. 2040 Account of the Motion x Police Department Budget, in compliance with a Ayes x x x x x x x Court Order dated April 16, 1970, was authorized. Motion x The meeting was adjourned at 11:20 P.M. Ayes xxxxxxx Mayor =ST: City Clerk • • Volume 24 - Page 99