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HomeMy WebLinkAbout03/08/1971 - Regular MeetingCOUNCILMEN CITY OF NEWPORT BEACH MINUTES REGULAR COUNCIL MEETING 3 � P s c+ o � Place: Council Chambers yy ocF aT �0 cO0 �9An Time: 7:3 0 P.M. is 9 9N S' ROLL CALL N Date: March 8, 1971 INDEX resent x x x x x x x Roll Call: The reading of the Minutes of the Regular Meeting of Motion x February 22, 1971 was waived, and said Minutes were Ayes x x x x x x x approved, as amended, and ordered filed. HEARINGS: 1. Mayor Hirth opened the continued public hearing in Civic connection with Ordinance No. 1371, being, Center AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADOPTING A SPECIFIC PLAN TO ESTABLISH A SIGHT PLANE DEFINING THE MAXIMUM PERMITTED HEIGHT OF STRUC- TURES ON A PORTION OF THE PROPOSED NEWPORT BEACH CIVIC CENTER SITE, Specific Plan No. 3, establishing a uniform slope defined by contour lines of elevation above mean sea level and superseding all other limitations on height of structures which would otherwise be applicable under zoning district regulations of the Newport Beach Municipal Code, which presently restrict . building heights to thirty -five feet above ground level. The following residents of the Broadmoor Homes community spoke from the audience asking for assur- ance that a sight plane would be established in the C -O -H zoned area north of the area in question: Ed Cavanaugh, John Baker, J. D. Campbell and George Linbeck. Motion x The hearing was closed. Ayes xxxxxxx Motion x The Planning Commission was instructed to hold Ayes xxxxxxx public hearings for the purpose of establishing a sight plane ordinance for the C -O -H zoned area in the vicinity of the Civic Center site, both north and south of Civic Center Drive. Motion x Ordinance No. 1371 was adopted after the reading Ayes x x x x x x x of the ordinance was waived by unanimous consent of the Council. • Volume - Page 56 COUNCILMEN �s,�aoyooq y � c '1�`9 ��ir . ROLL CALL CITY OF NEWPORT BEACH March 8. 1971 MINUTES INDEX • 2. Mayor Hirth opened the continued public hearing in CATV accordance with Resolution No. 7373, for the purpose of considering the transfer of a community antenna television franchise from Newport Beach Cablevision, Inc. to TelePrompTer Corporation. Reports from the City Manager and the City Attorney were presented. Wayne Hauser, Vice President of Newport Beach Cablevision, Inc., and Bill Bresnan, Vice President of TelePrompTer Corporation, spoke from the audi- ence. Motion x The hearing was closed. Ayes xxxxxx Abstain Motion x The following resolutions were adopted after the Ayes x x x x x reading of the resolutions was waived by unanimous Noes x consent of the Council: Abstain Resolution No. 7379 approving the transfer of a R -7379 community antenna television franchise from • Newport Beach Cablevision, Inc. to Tele- PrompTer Corporation. Resolution No. 7380 authorizing Success Broad- R -7380 casting Company to allow TelePrompTer Corpo- ration to use existing facilities of Newport Beach Cablevision, Inc. located on City -owned property under license to Success Broadcasting Company. 3. Mayor Hirth opened the public hearing in connection Under - with Underground Utility District No. 2 (Pacific Coast ground Highway from Riverside Avenue to Dover Drive) to Utility determine whether the public necessity, health, safety Dist 2 or welfare requires the removal of poles, overhead wires, and associated structures, and the undergroun installation of wires and facilities for supplying electric, communication, or similar or associated service in said area of the City. A report from the Public Works Director was pre- sented. City Manager Harvey Hurlburt stated that The Irvine Company had requested a continuance of the hearing so they could study the matter. • Volume 25 - Page 57 COUNCILMEN ?i�9SOCo iy� 9oC�s ���N4L ROLL CALL CITY OF NEWPORT BEACH March S. 1971 MINUTES INDEX Motion x The hearing was continued to March 22, 1971. yes xxxxxxx William O'Bryon, President of the Bay Shores Com- munity Association, spoke from the audience and stated that the Bay Shores residents did not feel that placing underground utilities along Coast Highway would benefit them. ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1376, being, Dist Map No 5 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 5, Planning Commission Amendment No. 280, amending a portion of said map from an R -2 District to an R -1 District, Lots 1 through 12, Block 12, Tract No. 27, located south of Broad Street between Catalina Drive and Santa Ana Avenue, was presented with a report from the Assistant Director of Community Develop- ment. Motion x Ordinance No. 1376 was introduced and set for public Ayes xxxxxxx hearing on March 22, 1971. 2. Proposed Ordinance No. 1377, being, 29th St Pier AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 17.28. 010 OF THE NEWPORT BEACH MUNICIPAL CODE, ENTI- TLED "MAINTENANCE OF PUBLIC PIERS - REGULATIONS ", RELATING TO A TWO -HOUR TIME LIMIT ON THE 29TH STREET PIER AND FLOAT, providing for a two -hour docking time limit at the 29th Street pier and float instead of the 20- minute time limit imposed on all public piers and floats, was presented with a report from the City Manager. Motion x Ordinance No. 1377 was introduced and passed to Ayes x x x x x x second reading on March 22, 1971. i Volume 25 - Page 58 COUNCILMEN 3�F�PO2,n Oo 22 C� P2i�GO yN �99N < <$ ROLL CALL P CITY OF March 8, 1971 NEWPORT BEACH MINUTES INDEX • CONTINUED BUSINESS: 1. A copy of a letter from the Attorney General to Tidelan( Assemblyman Robert Badham regarding tide and Use Fee submerged land grants to the City of Newport Beach, and a letter from the Newport Harbor Chamber of Commerce restating its opposition to the imposition of any use tax or rental charge for the use of public tidelands that abut privately -owned uplands within Motion x Newport Harbor, were received and ordered filed, to Ayes x x x x x x x be brought up at a later date; and the Harbor and Tidelands Administrator was directed to prepare a written report on the matter. Z. A report was presented from the Lower Newport Bay Swan Civic District Committee regarding the request of Revocat Swan Constructors, Inc. for reconsideration of Council revocation of foundation permit at 32nd Street and Lafayette Avenue site (Lido Apartments). Councilman Kymla reported on the Lower Newport Bay Civic District Committee's recommendations. The Council's prior action in revoking subject foun- otion x dation permit issued to Swan Constructors, Inc. was yes x x x x x rescinded, the provisions of Ordinance No. 1372 Noes x x establishing interim height limitation within the proposed Lower Newport Bay Civic District were deemed not to apply to this project, and it was di- rected that all necessary building permits for the completion of the project be issued, providing they comply with other regulations. Allan C. Stone, resident of Vista Del Lido, spoke from the audience in favor of the project. 3. A letter from the president of the Lido Sands Com- West munity Association was presented expressing ap- Newport preciation for the crosswalks on River Avenue and Cross - Seashore Drive, and requesting repainting of certain walks crosswalks and the addition of crosswalks at 54th Street on River and on Seashore. Motion x The addition of crosswalks was approved at 54th Ayes x x x x x x x Street and River Avenue and at 54th Street and Sea- shore Drive. • Volume 25 - Page 59 Is ion COUNCILMEN �t�aosoo -o s�9 ��s °z ROLL CALL CITY OF March 8, 1971 NEWPORT BEACH MINUTES RU90 1 • 4. Letters addressed to Councilman McInnis from Sam Dogs Grasso and Herbert Whitley regarding dogs running loose on the beach and a letter from Tom Holleman protesting ordinance regarding nuisances committed Motion x by animals were referred to staff for reply, indicating Ayes x x x x x x x what is being done to control the problem. 5. A newspaper clipping submitted by Helen R. and Code of W. E. McNair regarding a proposed code of ethics Ethics being considered by the City of La Palma was Motion x referred to the Procedural Committee for report Ayes x x x x x x x back to Council with recommendations. 6. A report was presented from the Harbor and TidelandE Marine Administrator regarding Washington legislative Sanctuary advocate on offshore oil matters under a County and Act Coastal Cities Joint Powers Agency Fund. Councilman Dostal made a motion to continue the matter to March 22, 1971. Councilman Kymla made a substitute motion to ap- prove expenditures subject to receiving a written report from the consultant as to the progress made. •lotion x Councilman McInnis made a substitute motion to R -7381 adopt Resolution No. 7381 authorizing a continuation of a joint powers agreement for the employment of a legislative consultant to obtain passage of federal legislation to protect offshore areas from oil drilling and producing operations, and that the legislative consultant be requested to provide a written report on his activities for the past year. Ayes xxxxxxx A vote was taken on Councilman McInnis' substitute motion, which motion carried. CURRENT BUSINESS: 1. A report was presented from the Zoning Administra- Tract No for of the Department of Community Development 7247 regarding the Final Map of Tract 7247, subdividing 18. 5 acres into 40 single - family residential lots and one green area lot on a portion of Blocks 96 and 97 of Irvine's Subdivision, located on the southerly side of the extension of San Joaquin Hills Road between Marguerite Avenue and Spyglass Hill Road. • Robert Bein, representing the developer, spoke from the audience. Volume 25 - Page 60 COUNCILMEN 3 1� PD Z C9 O r y3o�'�oNm ROLL CALL N`� Fp CITY OF NEWPORT BEACH March 8, 1971 MINUTES INDEX otion x The Final Map of Tract 7247 was approved, subject yes xxxxxxx to the conditions recommended by the Planning Com- mission with the provision that Condition No, 5 provides for full dedication of San Joaquin Hills Road; and the following resolution was adopted after the reading of the resolution was waived by unanimous consent of the Council: Resolution No. 7382 authorizing execution of an R -7382 agreement with John D. Lusk and Son, Subdivider, for the construction of improvements in Tract No. 7247. 2. A report was presented from the Zoning Administra- Tract No for of the Department of Community Development 7323 regarding the Final Map of Tract 7323, being a portion of Blocks 56 and 92 of Irvine's Subdivision, located southerly of Ford Road between MacArthur Boulevard and Jamboree Road in the "Big Canyon" planned community. Motion x The Final Map of Tract 7323 was approved, subject Ayes XXXXXXN to the conditions recommended by the Planning Com- mission; and the following resolution was adopted • after the reading of the resolution was waived by unanimous consent of the Council: Resolution No. 7383 authorizing execution of an R -7383 agreement with The Irvine Company, Subdivider, for the construction of improvements in Tract No. 7323. 3. A report was presented from the Assistant Community Resub 299 Development Director regarding Resubdivision Ap- plication No. 299, being a request to create two parcels of land in the Upper Harbor View Hills Planned Community; one parcel to be an extension of the existing Buffalo Hills Park, and one parcel to be the site of the Phase II recreation area facilities. Motion x Resubdivision Application No. 299 was approved, Ayes x x x x x x x subject to the conditions recommended by the Plan- ning Commission. 4. A report from the Assistant Community Development Payne Director regarding the proposed Payne - Annexation to Annex the City of Newport Beach was presented with a memorandum from the Local Agency Formation Com- mission regarding hearing on March 24 in connection • with the proposed annexation. Volume 25 - Page 61 COUNCILMEN ROLL CALL 3� n o < \(0 CITY OF NEWPORT BEACH March 8. 1971 MINUTES INDEX x The matter was continued to March 22, 1971, and 0otion yes xxxxxxx the staff was directed to request the Local Agency Formation Commission to continue its hearing. 5. A report was presented from the Public Works Water Director regarding the study of future water well Well sites. Sites A "Report on Development of a Domestic -Use Well Motion x Water Supply" dated February, 1971 was received Ayes xxxxxxx and referred to the Water Committee for further study, and the staff was directed to send a copy of the report to both the Costa Mesa - County Water District and the Orange County Water District. 6. A report from the Public Works Director regarding Assessmt annual special assessment for Balboa Island Lighting Dist 50 Motion x District (Assessment District No. 50) was received Ayes xxxxxxx and ordered filed. 7. A letter from Bob W. Williamson opposing any pro- Lawn posed installation of lawn bowling in Irvine Terrace Bowling Motion x Park was ordered filed after Bob Williamson spoke Ayes xxxxxxx from the audience and requested that the residents • of Irvine Terrace be notified when and if the instal- lation of lawn bowling in Irvine Terrace Park was considered and after Councilman McInnis' suggestion that the lawn bowling be part of the recreation pro- gram of the Parks, Beaches and Recreation Depart- ment. 8. A report was presented from the City Manager Financial requesting authorization to continue special study of Proce- various City departments' financial procedures. dures The appropriation of $1, 500 for a special financial procedures study of municipal parking enterprise was Motion x approved, and the City Manager was authorized to Ayes Xxxxxxx enter into an agreement with the firm of Binder, Mestyanek, Johnson & Co, to provide such services. CONSENT CALENDAR: Motion x The following items were approved by one motion af- Ayes x x x x x x x firming the actions on the Consent Calendar: 1. The following Advisory Communications were ordered filed: • Letter from Mrs. Carl W. Coslow protesting the of a license to Hare Krishna Hare Krishna granting group. Volume 25 - Page 62 COUNCILMEN 3s�soo� i'�- O pP 09 2s ROLL CALL CITY OF NEWPORT BEACH March 8, 1971 MINUTES INDEX Letter from Colonel Robert J. Malley, Los Angeles Beach . District, Corps of Engineers, regarding contemplated Erosion beach erosion control measures in West Newport Beach. Copy of a letter to Board of Supervisors from Robert M. Gatewood, President, Newport Beach Police Employee's Association, stating opposition to the implementation of an Orange County Human Relations Commission. Card from Mr. E. Davis protesting City expenditures. Resolution of the Board of Supervisors indicating the Sign Ord Board's desire to discuss with the Orange County Division of the League of California Cities a proposed uniform sign ordinance. Resolution of the Board of Supervisors designating County Supervisors William J. Phillips and Ralph B. Clark Corridors as representatives of the Board to work with Orange County Division of League of California Cities on the problems of island areas within the County of Orange. Copy of a letter to Municipal Court from Sarah K. • Michalsky, West Newport, protesting a fine assessed for having an unleashed dog on the beach. Letter from Dee and Morton Beck protesting the Coastal Freeway. Letter from Waldo W. Hein protesting the police helicopters. Notice from Local Agency Formation Commission regarding hearing March 10 in connection with pro- posed annexation to the Costa Mesa Sanitary District designated Engineer's No. 135, located southerly of Baker Street and easterly of Babb Street. Notice from Local Agency Formation Commission regarding hearing. March 10 in connection with pro- posed annexation to the City of Santa Ana designated Sunflower and Bear Annexation, located southerly of Sunflower Avenue and westerly of Bear Street. Resolution of the City of Montebello opposing a requested rate increase by Southern California Edison Company of approximately 16 percent. • Volume 25 - Page 63 COUNCILMEN 2 � OC yA ir`7 ��iA S < f NgL ROLL CALL v' CITY OF NEWPORT BEACH March 8. 1971 MINUTES Wnry • Letter from California Water Resources Association enclosing news release designated to correct mis- information being circulated regarding the need for water projects. Agenda of Board of Supervisors Meetings held February 23, 24, March 2 and 3, 1971. Copy of letter to Parks, Beaches and Recreation Coast Hwy/ Commission from Wm. L.. O'Bryon regarding beauti- Bay Shores fication of 1500 feet of property on the south side of Beauti- Coast Highway just west of Dover Drive belonging to fication the State of California. Letter from City of Buena Park enclosing resolution urging action by the Board of Supervisors of Orange County relating to engineering and technical changes in aircraft designed to reduce noise and air pollution, and urging conditions to be imposed by the Board to insure such technical and engineering changes. 2. The following communications were referred as indicated: • Referred to Planning Commission, letter from George W. Calihan protesting against any change in the zoning on Lot 2, Block 31, First Addition to New- port Heights. Referred to Lower Bay Civic District Committee, letter from Margaret Porter protesting high rise development along the ocean front. Referred to .staff, card from Mr. and Mrs. Edmund Npt Hgts Blazecki stating that Newport Heights needs street Str Lights lights and enclosing newspaper clipping regarding street lights as a deterrent to crime in Washington, D. C. Referred to staff for reply,, letter from Joan Coverdal Back Bay regarding the condition of the north end of Back Bay Rd Road. Referred to Pending Legislation Committee, reso- lution of the City of Monterey Park urging passage and adoption of SB 318 relating to impact damage of passenger vehicles. Referred to Parks, Beaches and Recreation Com- Boat • mission, letter from Central Newport Beach Com- Launching Volume 25 - Page 64 COUNCILMEN t,� Po sy oA °o v 22 9 ���Jy O( ✓A ROLL CALL m 0 CITY OF NEWPORT BEACH March 8, 1971 MINUTES INDEX • munity Association regarding upcoming recorri- mendation for revision of the current ordinances or resolutions pertaining to the launching of small boats over public beaches. Referred to staff for reply, letters from Jack Stone, Broadway Flower Shop, Harris Glass Company, Channel Inn Motel, Diana W. Adams for Jose Lopez, Grande Tortilla Factory, Dri -Powr Distr. and Kerm Rims, Hardware protesting new business license tax. Referred to Environmental Quality Control Com- mittee, letter from Amway Corp. enclosing a report regarding phosphates in relation to water pollution. 3. The following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: Resolution No. 7384 authorizing execution of an Oil agreement between the City of Newport Beach and Drilling Richards, Watson & Hemmerling for legal services R -7384 in connection with oil drilling. • Resolution No. 7385 authorizing execution of a Right- of -Entry Agreement between the City of Newport Traffic Signal Beach and the Irvine Industrial Complex in connection R -7385 with traffic signal installation and maintenance at Jamboree Road and Eastbluff Drive North, Contract 1259. (A report from the Public Works Director was presented.) 4. The following claims for damages were denied, and Claims the City Clerk's referral of the claims to the insur- ance carrier was confirmed: Claim of Wilma J. Vernon for damage to her property Vernon at 323-1 Jasmine Avenue, Corona del Mar on Novem- ber 26, 1970, allegedly caused by a City sewer backing up into the residence. Claim of Michael William Brennan alleging false Brennan arrest and imprisonment by Newport Beach Police Department on January 17, 1971. Claim of Lawrence Conte for reimbursement of Conte towing fee for his car and for court appearances incurred allegedly by impoundment of his car in error by the Police Department. • Volume 25 - Page 65 COUNCILMEN y ROLL CALL $F �2o � N o2 " CITY OF NEWPORT BEACH March 8, 1971 MINUTES INDEX • 5. The following report from the City Attorney was presented for Council information and was ordered filed: Opinion of City Attorney regarding application of the Hare Hare Krishna sect for a religious solicitation certi - Krishna fic ate . 6. The work on the Fernleaf Storm Drain, Phase II, Fernlea Alternate "B" (revised), Contract No. 1287, was Storm accepted; and the City Clerk was authorized to file a Drain Notice of Completion and to release the bonds 35 days after Notice of Completion has been filed. ( A report from the Public Works Director was presented.) 7. The following Budget Amendments were approved: BA -64, $1, 725 transfer of Budget Appropriations to provide for Incentive Plan Appropriations from various Funds into one account, Nondepartmental - Regular Salaries, General Fund. BA -65, $1, 500 transfer of Budget Appropriations to provide for special financial procedures study of • municipal parking lots from Unappropriated Contin- gency Reserve to Traffic & Parking, Services- Prof., Tech., etc., General Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A memorandum from the Public Works Director BI Alley regarding Alley Improvements, Balboa Island, Con- Imprmtj tract No. 1286, was considered. The plans and specifications for subject project were Motion x approved, and the City Clerk was authorized to Ayes xxxxxxx advertise for bids to be opened at 10:00 A. M. , March 30, 1971. 2. A report was presented from the City Attorney Space regarding Rodeffer and Kaiser Aetna space easement Easemn agreements guaranteeing that the open areas would remain free and unobstructed for the life of their respective ground leases in. connection with proposed construction of buildings on lease property located on the northwest corner of St. Nicholas Drive and future Avocado Avenue and on lease property located at 369 San Miguel Drive. • Volume 25 - Page 66 is COUNCILMEN �� \P'�yON�N ROLL CALL CITY OF NEWPORT BEACH March 8, 1971 MINUTES INDEX otion X The proposed resolutions authorizing execution of W yes xxxxxxx said agreements were continued to March 22, 1971. Motion x 3. The following Budget Amendment was approved: BA -63 Ayes xxxxxxx BA -63, $2, 960 transfer of Budget Appropriations for preparation of newly rented Planning office space in Baldwin Building, from Unappropriated Contingency Reserve to Nondepartmental - Services, Technical and Professional, General Fund. (A report from the City Manager was presented.) Motion x 4. The following Budget Amendment was approved: BA -67 Ayes xxxxxxx BA -67, $4, 000 increase in Budget Appropriations and Revenue Estimates for Orange County Harbor Dis- trict's contribution for sand replenishment on Balboa Island Beaches, General Fund. (A report from the Public Works Director was presented.) Motion x 5. The following Budget Amendment was approved: BA -66 Ayes x xxxxx Abstain x BA -66, $10, 000 transfer of Budget Appropriations to provide for legal services for retaining the firm of Richards, Watson & Hemmerling in connection with • oil matters from Unappropriated Contingency Reserve to Nondepartmental, Services,Prof. , Tech., etc. , General Fund. and the City Attorney 6. Reports from the Public Works Director /regarding Jamboree Jamboree Road Improvements, Palisades Road to Road MacArthur Boulevard, Contract No.. 1205, were Imprvmts Motion x referred back to staff to negotiate with the contractor Ayes x x x x x x x regarding the liquidated damages. Councilman McInnis presented a letter from Diana J. Melroy regarding disposition of deceased animals, and Motion x the staff was instructed to answer the letter outlining the Ayes x x x x x x x City's present procedure. ADDITIONAL BUSINESS: 1. On recommendation of the Transportation Plan Traffic Citizens Advisory Committee, the employment of a Study consultant, with expenditures up to $5, 000, was Motion x approved for the initial phase of the traffic study, Ayes x x x x x x x this amount to come from the $18, 000 already budgeted for the traffic study. Volume 25 - Page 67 COUNCILMEN ROLL CALL 2 � �Ci , O 1 aO,rf -9 o P O Z '^ • Motion Ayes Motion Ayes Motion Ayes J CITY OF NEWPORT March 8. 1971 BEACH MINUTES 111181 Comm Dev Dept Civic Center Promon- tory Point Special Election i 2. The appointment of temporary help in the Community Development Department to assist in the planning x functions was authorized, with total cost not to exceed xxxxxxx the surplus monies within the currently authorized salary budget for the combined 'Planning and Building Departments. 3. On the recommendation of the Civic Center Building Committee to pass along to the architect at this time the proposed Civic Center space requirements, as amended, with instructions that they be used as a guideline and with the realization that there will be certain variations to be worked out with the architect x and the staff, the amended Civic Center space require xxxxxxx ments, as presented, were approved. x 4. The Council rescinded the action taken two weeks ago, xxxxxxx and Use Permit 1494 (Promontory Point) was returned to the Planning Commission to allow the applicant to submit modifications to the original plan for recon- sideration. The meeting was adjourned to an Executive Session to discuss personnel matters. The meeting reconvened with all members present. Mayor Hirth declared the meeting adjourned at 12:20 A. M. to 5:30 P.M., Tuesday, March 16, 1971 to receive the City Clerk's Certificate of Canvass as to the results of votes cast on March 9, 1971 in the Special Municipal Election. Mayor ATTEST: L ity C erk Volume 25 - Page 68 . 111181 Comm Dev Dept Civic Center Promon- tory Point Special Election i