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HomeMy WebLinkAbout05/11/1970 - Regular MeetingCOUNCILMEN roll 0211 ti��F < vo • Oe s ent Motion Ayes n U 0 n U Motion Ayes JS r-1 LJ CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: May 11, 1970 Linda Lee and the Harbor Area. f Appreciation to Roberts and Carl M. Traffic Advisory and deep appreci- ;ular Meeting of Minutes were ap-.- raring in connection TY OF NEWPORT TTY AND NO. 22, it 261, property )f Flagship Road Z -3 and COH reported on the sion. e matter. vith.the unanimous after the reading of nimous consent of eing, [TY OF NEWPORT 7. 06 TO TITLE 7 MUNICIPAL S PROHIBITED 100 index District Map 22 Horses on Beaches The Pledge of Allegiance was led by Stephanie Fisher of the Girls Club of xxxxxxx Roll call. - Mayor Hirth presented Certificates c Jack W. Mullan, Chairman, George Stromberg, Jr., members of the Aix Committee, with the Council's thanks ation for their services to the City. The reading of the Minutes of the Red x April 27, 1970 was waived, and said x x x x x x x proved as written and ordered filed. HEARINGS: 1. Mayor Hirth opened.the public h, with Ordinance No.. 1336, being, AN ORDINANCE OF THE C. BEACH REZONING PROPE. AMENDING DISTRICT MAP Planning Commission Amendmei located at the northwest corner i and Placentia Avenue, from an 1 District to an APH District. Planning Director Larry Wilson findings of the Planning Commis No one desired to be heard on tb Mayor Hirth closed the hearing consent of the Council. X Ordinance No. 1336 was adopted x x x x x x the ordinance was waived by una the Council. ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1337, b AN ORDINANCE OF THE C. BEACH ADDING CHAPTER OF THE NEWPORT BEACH CODE, ENTITLED "HORSE ON BEACHES, " Volume 24 - Page Linda Lee and the Harbor Area. f Appreciation to Roberts and Carl M. Traffic Advisory and deep appreci- ;ular Meeting of Minutes were ap-.- raring in connection TY OF NEWPORT TTY AND NO. 22, it 261, property )f Flagship Road Z -3 and COH reported on the sion. e matter. vith.the unanimous after the reading of nimous consent of eing, [TY OF NEWPORT 7. 06 TO TITLE 7 MUNICIPAL S PROHIBITED 100 index District Map 22 Horses on Beaches COUNCILMEN CITY OF NEWPORT BEACH May 11, 1970 Index was presented with a report. from the City Attorney. Ordinance No. 1337 was introduced and passed to second reading on May 25, 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: Invitation to the City Council to the opening ballet performance of the Monmartre Technical Training Theatre in Tustin, stating that seven seats have been reserved and requesting R.S. V. P. Is. Letter from Mr, and Mrs.. James G. Rourke, 7400 W. Ocean Front, extending their thanks and appre- ciation for the Council's consideration and the effi- cient work of the City staff in re- establishing sand dunes in the West Ocean Front area. Letter from Mr. and Mrs. James Hanley stating that they have always found the City Police Department to be most courteous and extremely helpful in any way, stating they are proud of our Police Department and thanking..thein.for' their_ work. Letter from Irvine Terrace Hpmeowners' Associa- Promon- tion regarding the proposed removal of power poles tory Bay across Bayside and Balboa Island Bridge area, and stating they are pleased that in the future new devel- opments in the City will include underground utilities Letter from Annette Davis, Orange Coast College student, expressing interest in the ecology of Upper Newport Bay. Copy of the minutes of the Committee on Transpor- tation meeting held March 25 in Sacramento. Letter from Kenneth Goen stating he would like to see stricter enforcement of existing laws so as to prevent littering of our beaches, vagrancy, rioting, public drunkenness, use of dope, car racing on City streets, theft, etc. Volume 24 - Page 101 roll • • • • • • • COUNCILMEN CITY OF NEWPORT BEACH May 11, 1970 Letter from Mrs. Sally Demnicki stating that after reading so much controversy about the Coast Feeew she requests Council consideration of a monorail in the City. index Letter from Nelson A. Gray stating he is opposed to any more freeways in the Newport Beach area. Legislative Bulletin dated April 30, 1970 from the League of California Cities. Excerpt from the Minutes of the Board of Supervisors OrCo meeting held April 29 stating that the review period Airport following, presentation by Ralph M. Parsons Company of the interim Orange County-Airport Report is ex- tended from 21 days to 30 days as requested by the City of Newport Beach. Letter from the Public Utilities Commission re- garding a proposed amendment to General Order No. 98 -A to prohibit smoking aboard equipment of passenger stage corporations. Notice of public hearings to be held by the Local Agency Formation Commission on May 13, 1970 on proposed annexation to the City of Santa Ana desig- nated "Marine Corps Air Station, Santa Ana ", Annex, proposed annexation to the City of Tustin designated "Red Hill - Lowana Housing Annexation No. 63" and proposed annexation to -the City of Tustin designated N. C. A. S. (H) Irvine Annexation No. 64. Letter from Californians for "Yes on 7" expressing appreciation for the formal endorsement of its measure by the Newport Beach City Council. Agenda of the Board of-Supervisors meetings held April 28, 29, May 5 and 6„ 1970. 2. The following communications -were referred as indicated: To Parks, Beaches and Recreation Commission, PB &R letter from the Director of. the Orange County . Regional Harbors, Beaches and Parks Department enclosing Recrea- a report on Regional Recreation Facilities which tion includes a description of existing facilities as well as those to be developed within the next five years. Volume 24 - Page 102 COUNCILMEN ocn a roll C C i r 1 U • • • CITY OF NEWPORT BEACH May 11, 1970 3. The following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: Resolution. No. 7179 authorizing an allowance of $100 per month to the Mayor in accordance with Section 404 of the Charter. Resolution No. 7180 authorizing execution of a Quit Claim Deed in connection with a storm drain easement located over a. portion of Lots 8 and 9 of Tract No. 3232. index Mayor's Allow- ance Quit Claim 4. The City Clerk's referral of the following claims to I Clms for the insurance carrier was confirmed: Dmgs Claim of C. Richard Myers for damage to his gate Myers at 107 31st Street, allegedly caused by a City con- tractor in connection with the Seal Coat Program. Claim of Kenneth Ostengaard for damage to his lawn Osten- sprinkler, allegedly caused by City contractor in gaard connection with the weed abatement program. Summons and Complaint for Personal Injuries of Hobart John Hobart, a minor, for injuries sustained on or about April 4, 1969 when claimant was in an acci- dent, allegedly as a result of a defective signal light at MacArthur Boulevard and San Joaquin Avenue 5. The public improvements constructed in conjunction San with the extension of San Nicolas Drive were Nicolas accepted. (A report from the.Public Works Director Dr. was presented.) 6. The public improvements constructed in conjunction Tracts with Tracts 6623 and 6624, except Ford Road and 6623 and MacArthur Boulevard, were accepted, the City Clerk 6624 was authorized to release the Faithful Performance Bonds upon receipt of a bond sufficient to cover the cost of replacing certain defective sidewalks, and the City Clerk was authorized to release the Labor and Materials Bonds in six months.provided no claims have been filed and the defective sidewalks have been replaced. (A report from the Public Works Director was presented. ) 7. The following business licenses were approved: Application of Glen Pipkin, 10671 Walnut Street, Los Alamitos,' for,; dbor to -door soliciting; for firewood. Volume 24 - Page 103 COUNCILMEN roll call 4 L CITY OF NEWPORT BEACH May 11, 1970 index Application of Roderick D. Miley of Rod's Catering, 15761 Pasadena, Tustin, for a catering service. 1 ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter from David W. Skaugstad regarding a Obscene "major studio preview" of a.movie shown in one of Movie our local theaters, and requesting the Council to take steps to assure the people of this area that films of this nature will not be allowed. to be shown in the City, was presented. vlotion x The City Manager was directed to have the Police kyes xxxxxx Department check out the allegations in subject kbstain x letter and to see if there was a violation of the law, 1 and to report back to Council on May 25. CONTINUED BUSINESS: 1. A report from the City Manager regarding Olympic- Olympic size swimming pool financing was presented to the Pool Council at the afternoon Study Session. Jay Wall, attorney for Harbor Area Olympic Pool ' Foundation, stated that a report will be made to the Council as to how much money is raised in their fund drive, and stated that if all the City's contri- bution is not needed, it will not be used. A temporary two -year, single - purpose 1. 65 cent 1 vlotion x General Fund property tax was approved to make the dyes x x x x x x x advance payment of $85, 000 for the City's contri- bution towards construction of a: Harbor area ' Olympic -size swimming pool to be located at Newport Harbor High School. 2. A report was presented from Mayor Hirth regarding Cmte nominations for appointments on Council Committees. Apptmts ✓lotion x The following nominations made by the Mayor were eyes x x x x x x x approved: Joint Harbor Committee - Howard Rogers, Carl Kymla. Committee for Appointment of Commissioners - Lindsley Parsons, Richard Croul, ..Carl: Kymla. 1 Volume 24 - Page 104 COUNCILMEN roll CITY OF NEWPORT May 11, 1970 BEACH index FREE US Land Development Responsibilities - Donald McInnis, Howard Rogers. • City School Liaison Committee - Howard Rogers, Carl Kymla. Costa Mesa - Newport Beach Cooperation Committee - Lindsley Parsons, Milan Dostal, John Jakowsky, Willard Jordan, Jack Hammett. Upper Bay Planning Project - Ed Hirth, Carl Kymla. CURRENT BUSINESS: 1. An application of "FREE US" for a Sound Amplifying . • Permit to amplify music of musical groups at the Balboa Park for proposed concerts to be held every Sunday between 2:00 and 6:00 P.M., was presented with a report from the City Manager regarding a Special Event Permit application from "Lagune Free University" to hold weekly concerts in Balboa Pier Peninsula Park. A post card from Mrs. Maria Goen protesting group • meetings in the Balboa Pier Park requesting that the right to take over Balboa Park not be given to the "FREE US" group and a. letter from a Balboa resident stating that no one group should be allowed to take over a park, were presented. Councilman McInnis read a report from the Council Ad Hoc Committee commenting on the demands /re- quests of the "FREE US" group. Said report recom- mended that Council reaffirm its policy that there be no direct, tacit, and /or implied compromise between lawful and unlawful activities by any person or group. Motion x The Committee's report was approved. Ayes x x x x x The action of the City Manager in denying subject application for Special Event Permit was upheld, Motion x and the application of "FREE US" for a Sound Ayes x x x x x Amplifying Permit was denied. Barry Weinberg, member of the "FREE US" group, spoke from the audience. • • Volume 24 - Page 105 index FREE US COUNCILMEN roll call Zz 3�z o 3 • • Motion Ayes Motion Ayes i Motion Ayes 1-1 • Motion Ayes r 1 U CITY OF NEWPORT BEACH May 11, 1970 2. A report was presented from the Planning Director regarding refund of application fee to Winston McFarland for Use Permit No. 1478, for parking lot located at 2020 W. Balboa Boulevard on north side of West Balboa Boulevard between 20th and 21st Street. A refund of the $150. 00 application fee for Use Permit No. 1478 was approved. index UPFee Refund 3. A report was presented from the Planning Director Modif regarding refund of application fee to Walter G. Bec Fee for Modification No. 167. Refund A refund of the $35. 00 application fee for Modifica- tion No. 167 was approved. 4. A report was presented from the Planning Director Annex 72 regarding proposed annexation of the northeasterly corner of intersection of Ford Road at MacArthur Boulevard, Annexation 72. The staff was directed to submit an application to the . Local Agency Fo:rmati on Comm i s s i on: to. initiate proceedings. on Annexation No. 72, portion of Ford Road /MacArthur Boulevard intersection. 5. A report from the Planning Director regarding Annex 70 modification of Annexation No. 70, Harbor View Hills - Phase III (located northerly of San Joaquin Hills Road and easterly of Upper Harbor View Hills) to include portion of Pacific View Memorial Park, was presented with a resolution of the Local Agency Formation Commission resolving that the boundaries of the territory proposed to be included in annexation to the City of Newport Beach entitled "Proposed Annexation to the City of Newport Beach, Harbor View Hills Annexation, Phase III, " was disapproved without prejudice. Mr. Vibert of Pacific View Memorial. Park spoke from the audience and requested a four -week post- ponement. Jim LaFronta inquired if the proposed annexation was water oriented. The matter was postponed to June 8, 1970. Volume 24 - Page 106 COUNCILMEN O roll call w CITY OF IkTATMIMLOW61 NEWPORT BEACH index sings sport ter ion mon- ry 6. A report was presented from the Harbor and Tide- Pie: lands Administrator regarding request of Thomas N. Awr • Jones to construct and market 10' square awning structures for erection on non - commercial piers. Motion Councilman Parsons made a motion to disapprove subject request. Ralph Allin, Vice President of the Balboa Island Improvement Association, spoke from the audience and stated that it was his belief that their Board would disapprove of awnings on Balboa Island. Ayes x x x x x x x A vote was taken on Councilman Parsons' motion, which motion carried. 7. A report was presented from the City Manager re- Nev garding the Newport Center fire station. Gen Firs Assistant City Manager Jim De Chaine gave a staff St at report. Parks, Beaches and Recreation Director Cal Stewart gave a progress report on the updating of the Parks, Beaches and Recreation Master Plan. The schematic drawings and preliminary budget Motion x estimate for the Newport Center fire station was �es x x x x x x x approved in principle. 8. A report was presented from the City Manager re- Pro garding Promontory Bay severance damages to appraisal. Bay Councilman Parsons made a motion to approve the execution of an agreement with Cedric A. White, Jr., M.A. I. , for supplemental study on possible Balboa • Yacht Basin severance damages as a result of the Promontory Bay project, maximum fee not to exceed $1000. Ralph Allin, Vice President of the Balboa Island Improvement Association, spoke from the audience regarding beach erosion on Balboa Island. Jim LaFronta and Douglas Bigart stated the developer should pay for the study. Motion x Councilman McInnis made a substitute motion.to Ayes x x x x x disapprove the City's paying for an appraisal study Noes x x of possible Balboa Yacht Basin severance damages in connection with Promontory Bay,' which motion carried. • Volume 24 - Page 107 index sings sport ter ion mon- ry COUNCILMEN roll • • CITY OF NEWPORT BEACH May 11, 1970 9. A report was presented from the City Manager re- garding retirement contract amendments. The staff was authorized to notify the Public Em- ployees' Retirement System of the City's intent to amend the Retirement System contract to add Section 21251. 75 of the Retirement Law and to request the System to prepare the necessary documents to be executed by the City Council,under the time limits as prescribed by law. 10. A letter from Anton Hershey requesting permission to encroach into public right -of -way to remodel building at 200 -202 Marine Avenue, Balboa Island, was presented. Lyle Finley, Mr. Hershey's son -in -law, spoke from the audience. The matter was referred to staff for study and report back on May 25, 1970. 11. A report was presented from the Public Works Director regarding Irvine Avenue Widening, 15th Street to 16th Street. Nornia.S.ou'der and 'T=heodore Knowlton spoke from the audience'6pposingithe . proposed.Irvine Avenue widening. Ina. Sue .Wrights requested re- evaluation of the traffic problem. Roland Landrigan questioned the design of the improvements. The plans and specifications were approved and the City Clerk was authorized to advertise for bids to be opened at 10:00 a. m. , June 2, 1970, subject to the condition that the City has the right -of -way. 12. The auditor's interim audit report, dated May 7, 1970, from :Binder, Mestyanek, Johnson and Co., was presented with the auditor's recommendation that the City Council's policy regarding cash basis reserves be rescinded as they no longer serve the purpose for which they were established. Hal Mestyanek spoke from the audience and sum- marized their findings. The auditor's interim audit report was received and ordered filed. Volume 24 - Page 108 index Retire- ment System Encroach- ment BI Irvine Avenue Widening Audit Report fall r� h 4 h A r L F, L COUNCILMEN � cal CITY OF NEWPORT RR." 11 1070 BEACH index Council Policy Statement F -2, Cash Basis Reserve, lotion x was rescinded, and the following Budget Amendments Iles xx;x.x x x x were approved: BA -73 $25, 000 transfer from Cash Basis Reserve, Water to Unappropriated Surplus, Water Fund. BA -74 $275, 000 transfer from Cash Basis Reserve to Unappropriated Surplus, General Fund and $15, 000 to Unappropriated Contingency Reserve. 13. A report was presented from the Parks, Beaches Automatic and Recreation Director regarding conversion of Sprinklers manual water systems to automatic water systems. �tion x The matter was tabled to be given full review with yes x x x x x x x other Capital Improvement Projects in the 1970 -71 fiscal budget. ADDITIONAL BUSINESS: lotion x 1. The City Manager was authorized to have the engines Sea yes x x x x x x x in Sea Watch I replaced, up to a maximum expendi- Watch t ture of $6, 000. 00; and the following Budget Amend- ment was approved: BA -75 .$6, 000 transfer of Budget Appro:_ priations for emergency replacement of two engines for Sea Watch I from Unappropriated Contingency Reserve to Marine Safety - Rolling Equipment, General Fund. ' Mayor Hirth stated that the regularly scheduled Study Session for May 18, 1970 would be held at 4:00 p.m. lotion x The meeting was adjourned at 10:35 p.m. yes x;xx;x.x x x Mayor ATTEST: City Clerk Volume 24 - Page 109