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HomeMy WebLinkAbout03/09/1970 - Regular MeetingCOUNCILMEN \4\-N&-\� \Sd\ CITY OF NEWPORT BEACH REGULAR COUNCIL M1ETING Place: Council Chambers Time: 7:30/P. M. MINUTES OLL CAL L'^ $ 4 : Date March 9, 1970 = 9 INDEX _ Pre sent x x x x x x Roll Call. Absent x Wotion x The reading of the Minutes of the Regular Meeting of Ayes xxx xxx February 24, 1970 was waived and said Minutes were Absent x approved as written and ordered filed. Resolution No. 7148, of the City Council of the City of R -7148 ` Newport Beach eulogizing the memory of Congressman Motion x James B. Utt and expressing on behalf of the City Council Ayes xxx xxx and the residents of the City of Newport Beach a deep Absent x sense of loss, was adopted. PUBLIC HEARINGS: 1. Mayor Pro Tem Parsons opened the public hearing White • regarding the appeal of Dan- Brittania, Inc. (White Horse Inn Horse Inn), 3295 Newport Blvd., Newport Beach, Appeal appealing the Planning Commission's denial of Amendments to Use Permit Nos. 1244, 1272 and 1419 to change the hour of closing from 12:00 mid- night to 2:00 A. M. , and denying extension of Use Permit Nos. 1272 and 1419 to permit live entertain- ment, dancing and amplification devices in conjunctio with the restaurant operation. City Clerk Laura Lagios stated that there had been received that day a statement by John E. Taber regarding the closing of the Pride Oil Service Station adjacent to the White Horse Inn and a petition bearing signatures of 76 residents in the area around the White Horse Inn stating they have no objections to amplification entertainment and a 2:00 A. M. closing hour at the White Horse Inn. A report from the Planning Director regarding the findings of the Planning Commission was presented. Planning Director Larry Wilson gave a staff report. The following people spoke from the audience in favor of amplification entertainment and a 2:00 A. M. closing hour at the White Horse Inn: John Mitchell, - Attorney for Dan Brittania, Inc.; John Ryder, Manager of White Horse Inn; John Callahan, Ted Thomas, Irene Seleski, and Robert Smith. G. A. Zimmer, representing the Flying Butler Restaurant, stated he had no objections to the White Horse Inn operation if the parking problems were resolved. • Volume 24' - Page 46 COUNCILMEN CITY OF NEWPORT BEACH MINUTES TOLL CAL L_8 March 9, 1970 INDEX • John Taber spoke from the audience in connection • with allegations stated in his letter. The matter was referred back to the Planning Com- mission so the new evidence as presented to the Motion x Council could be heard by the Planning Commission; Ayes x x x x x x and the 2:00 A. M. closing hour was granted on a Absent x temporary basis. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1331, being, Speed Limits AN- ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 12. Z4.030, 12. 24. 040, 12, 24. 080 AND 12. 24. 090 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO PRIMA FACIE SPEED LIMITS, changing speed limits on Irvine Avenue to 35 mph between 16th Street and the northerly City limit, was presented for second reading. Motion x Ordinance No. 1331 was adopted after the reading of Ayes xxx x x x the ordinance was waived by unanimous consent of sent x the Council. RECESS was declared for five minutes. The Council reconvened with all members present except Mayor Marshall. CONSENT CALENDAR: Ootion x The following items were approved by one motion Ayes xxx x x x affirming the actions on the Consent Calendar: Absent x 1. The following Advisory Communications were ordered filed: Letter from Carole N. Goldberg urging State control over the Upper Newport Bay area. Letter from Clinton Hoose, Jr., Chairman of the Airport Newport Harbor Chamber of Commerce Aviation Impact Committee, thanking the Council for its initiation of Study the Airport Impact Study and stating he looks forward to working with the City on the Study and future air- port matters. • Volume 24 - Page 47 COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROLL CALL _ 1 7 March y, IV /U INDEX • Resolution of the City of Garden Grove requesting • the State Legislature to enact new and /or modify existing legislation to enable all local governmental districts that serve areas of each other, whether coinciding or not, to be able to hold simultaneous elections. Resolution of the Local Agency Formation Com- Whittier mission approving Whittier Heights Annexation to the Hgts City of Costa Mesa. Annex Letter from Binder, Mestyanek, Johnson & Co., Cash stating that they have been requested by the Council Basis to comment on the Council's policy regarding "Cash Reserve Basis Reserve" and that after reviewing the current Policy information and practices, they will be prepared to • make a presentation to the Council in May, 1970 at the time they their Interim Report. submit Agenda of Board of Supervisors meetings held February 24, 25, March 3 and 4, 1970. Notice regarding Continental Trailways, Inc. , American Bus Lines, Inc., and Continental Pacific Lines application with the Public Utilities Com- mission to increase passenger fares and express . rates. Letter from Norman Bates, Stanton, California, regarding the launching ramp at 28th Street, and the Harbor and Tideland Administrator's reply. Stamp Out Smog (SOS) publication and notice of their next meeting held March 2 in Fullerton. • League of California Cities Digest Bulletin of As- sembly and Senate Bills affecting cities which were introduced at the 1970 session of the Legislature. Letter from Logan Lockabey, Secretary of the National Surf Life Saving Association, with a report on the Association's recently completed educational lifesaving tour in New Zealand. 2. The following communications were referred as indicated: Referred to staff, Notice from the Public Utilities Under - Commission regarding investigation on the Com- ground mission's own motion into the rules pertaining to Utilities • Volume .24 - Page 48 COUNCILMEN roll CITY OF NEWPORT BEACH March 9, 1970 index • underground extensions to commercial and industrial developments and to.individual customers. Referred to staff, letter from Carl Hage, Manager of Promon- the Balboa Yacht Basin, Inc., addressed to Mayor tory Marshall, expressing concern over the proposed Bay Irvine development (Promontory Bay) north of his property. Referred to staff for inclusion in study for City's Or Co Petition for Intervention, Application before the Public Airport Utilities Commission of Air California and Pacific Air Calif Southwest Airlines for the transfer by Air California PSA to PSA of Certificate of Public Convenience and Necessity. Referred to Council Freeway and Arterial Streets Pacific Committee, letter from Robert Ingold, Jr., member Coast of the Board of Directors of the Harbor View Hills Frwy Homeowners Association, recommending the imple- mentation of an Advisory Freeway Board, stating the Association has appointed a Freeway Committee to represent its concern regarding the construction of the Coast Freeway and suggesting that at least one qualified member from each of the various homeowner associations be made a part of the proposed board; and a letter from Mrs. L. Miller regarding the Coast Freeway. Referred to staff, letter from the Bank of America expressing concern over lawlessness and destruction being perpetrated in this country and its eventual effect on our democratic process, and requesting that all possible means be used to protect citizens and their property against senseless destruction. • 3. The following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: Resolution No. 7149 appointing Election Officers and Election establishing their compensation, designating Polling Places, and providing for the opening and closing of R -7149 the polls for the Regular General Municipal Election to be held on April 14, 1970. Resolution No. 7150 declaring that weeds and other Weed public nuisances exist upon streets, alleys, sidewalks, Abatement parkways, and private property within the City, declaring that said weeds and public nuisances must R -7150 • Volume.24 - Page 49 COUNCILMEN c NSF 9p9'ps �p S PG roll 0111 yy��pyy 9`��n�FP CITY OF NEWPORT March 9, 1970 BEACH • be abated, setting the time and place for a public hearing at which the City Council will consider • protests from persons objecting to the proposed destruction or removal of such public nuisances by the City, and directing the Fire Chief to give notice of the passage of this resolution and of the public hearing; setting the public hearing at 7:30 P. M. , March 23, 1970. Resolution No. 7151 authorizing execution of an Cdly agreement between the City of Newport Beach and Bea Gordon Kilmer in connection with the Corona del Mar Con State and City Beach Park concession facilities. ce R -7 Resolution No. 7152 designating intersections at which vehicles are required to stop and directing the Stop Traffic Engineer to erect necessary stop signs • (Newport Hills Drive East at Ford Road). R -7 4. The City Clerk's referral of the following claims to Clm the insurance carrier was confirmed: Dmg Claim of Brian L. Evans for damage to his automobile Evar on February 8 when his left wheel fell off into a hole in an alley in Balboa, allegedly due to City negligence. • Claim of R. W. McClellan & Sons, Inc. and Imperial McC Insurance Company for property damage sustained in a traffic accident at the intersection of Bonita Canyon Road and SR73 in which a City vehicle was allegedly involved. Claim of Success Broadcasting Company filed by Succ Fireman's Fund American Insurance Company for Broa property damage to the radio tower at 951 W. 16th cas Street, Newport Beach on January 9, 1970 for which Com • a City vehicle is allegedly responsible . 5. The Application to Present Late Claim and Claim for Late Damages of Thomas J. Sullivan for personal injuries Claii and property damage sustained in an accident on September 1, 1969 at the intersection of Jamboree Sulli Road and Palisades Road, alleging there were no posted signs indicating that Jamboree Road came to a dead end at the intersection, was denied. (A report from the City Attorney was presented.) • Volume 24. - Page 50 index :h ision 151 Signs 152 ; for s s tellan :ss d- ing .Dany a ran COUNCILMEN CITY OF NEWPORT BEACH roll Cell 1 '-NO �\s \y\\ March 9, 1970 • 6. The payment of expenses for a chartered plane in connection with Mayor Marshall, Vice Mayor Parsons, Councilmen Gruber and Rogers and'Planning Director Larry Wilson's attendance at State Highway Com- mission hearing on the Pacific Coast Freeway in El Centro on February 19, 1970, was approved. 7. The following Budget Amendments were approved: BA -58, $5, 000 transfer of Budget Appropriations for City's share of bulkhead and street improvements to the street end at 28th Street and The Rhine, from Unappropriated Contingency Reserve to Public Works, Land Improvements, Bulkhead at 28th and The Rhine, General Fund. BA -59, $2, 500 transfer of Budget Appropriations for rental of Loader and Bucket for remedial beach work, from Unappropriated Contingency Reserve to General Services, Rental of Property & Equipment, General Fund. BA -60, $36, 000 transfer of Budget Appropriations for purchase of Beach Refuse Packer and 100 Bin -Type Refuse Containers from Unappropriated Contingency Reserve to General Services, Rolling Equipment, .. General Fund. BA -62, $118 transfer of Budget Appropriations for purchase of Curbside Book Return Unit from Libraries, Special Departmental Expense to Libraries, Office Equipment, General Fund. (A report from the City Manager was presented. ) ITEMS REMOVED FROM THE CONSENT CALENDAR: • 1. The letter of resignation of Roger W. Hardacre from the City Board of Library Trustees, effective April Motion X 15, was accepted with regret and with Council's Ayes x x x xxx expression of appreciation and thanks, the Mayor was Absent x authorized to send a Certificate of Appreciation to Mr. Hardacre, and it was directed that the position not be filled for 60 days, pending changes in the Financial Disclosure Law. • • Volume -24 - Page 51 index Library Trustee COUNCILMEN CITY OF NEWPORT BEACH roll call soy << r s s March 9, 1970 • 11111111 CONTINUED BUSINESS: Motion Ayes Absent • Motion es sent • • Ix 1. A report from the Public Works Director regarding the construction of a concession building at the Corona del Mar State and City Beach Park, Contract No. 1268, was represented with a letter of recommendation from William Blurock & Partners. Resolution No. 7153, awarding a contract for the construction of concession building at Corona del Mar State and City Beach Park, Contract No. 1268, to B. F. Syfan Corp. in the amount of $30, 994. 00, was adopted after the reading of the resolution was waived by unanimous consent of the Council; the employment of William Blurock & Partners to supervise the construction for the total amount •of $500 was approved; and the following Budget Amendment was approved:. BA -61, $32, 000 transfer of Budget Appropriations for construction of Concession Building in Public Service Area No. 2 at Corona del Mar State and City Beach Park, from Unappropriated Con- tingency Reserve, General Fund, to Park & Recreation, Land Improvement, Corona del Mar Concession, Park & Recreation Fund. 2. The following actions were taken on the Council Policy Manual in accordance with the City Manager's report dated March 9 and the Parks, Beaches and Recreation Commission report dated February 24, 1970; (a) The following policies were affirmed: A -1 Second to Motions A -2 Authorization of Staff Trips A -3 Seating of Councilmen A -4 Board and Commission Appointments A -5 Council Policy Statement Review A -6 Recording Council Study Sessions A -7 Community Service Recognition Awards B -1 Orange County Airport Facilities C -1 Annexation Guidelines C -2 Industrial Development D -1 Structures Causing Beach Erosion F -1 Deposit, Withdrawal and Investment of Funds • I I I I I I I I Volume 24 - Page 52 index CdM Beach Con» cession R -7153 BA -61 Council Policies COUNCILMEN 3 �+ roll call soy << �N s CITY OF NEWPORT BEACH March 9, 1970 index • F -4 Future Water Sources F -5 Library and Parks, Beaches and Recreation Budgets F -6 Water Bonds F -7 Marinapark Revenue Surplus F -8 Capital Improvement Fund and Property Sale Revenues F -9 Financing Capital Improvements on Undeveloped Land F -10 Budget Administration Definitions F -11 Administration of Operating Budget F -12 Council Budget Review Procedure F -13 New or Expanded Revenue Measures F -14 Purchasing Authority for Goods and Services G-2 Distribution of Public Relations Material • Through the Water Billing System H -1 Harbor Permits H -2 Upper Bay Land Exchange H -3 Tidelands and Submerged Lands in Newport Bay I -2 Community Beautification I -3 Park Standards I -6 Instructional Recreation Activities I -7 School Use of City Parks I -8 Landscaping and Beautification I -9 Retention or Removal of Park and Parkway Trees I -10 New Recreation Programs I -11 Traffic Island Beautification in Established Commercial Areas I -12 Ocean Front Street End Improvements • J -1 City Employees Salaries L -1 Sidewalk, Curb and Gutters L -2 Driveway Approaches L -5 Street and Sidewalk Improvements L -6 Private Encroachments in Public Rights -of -Way M -1 Water Service (b) Amendments to the following policies were approved: G -1 Improvement in Governmental Efficiency and Economy • Volume 24 - Page 53 COUNCILMEN NyF 9p9��r �O S PGe roll call yys��yy'��sPti�Q CITY OF NEWPORT BEACH March 9, 1970, .. index • I -1 Bay Street End Planting I -5 Use, Priorities and Fees for Facilities and Equipment I -13 Median Landscaping Developments on Public Cul -de -sacs L -4 Private Street Policy (c) Addition of the following new policies was approved: A -8 Complimentary Balboa Bay Club Membership Cards 1 -4 Cost Sharing on Undeveloped Land (d) Deletion of the following policies was approved: • E -1 City Clerk - Agenda, Orange County Board of Supervisors 1 -4 Development and Maintenance of Arterial Highway Parkways M -2 Water System Expansion N -1 Policies on Off - Street, On- Street • Parking (e) The staff was directed to continue review of the following policies: D -2 Cooperative Beach Erosion Control Project F -2 Cash Basis Reserve • K -1 Pollution Control 3. A report was presented from the. Public Works Hospital Director regarding dedication and improvement of Rd Hospital Road from Newport Boulevard to Placentia Avenue. Councilman Shelton made a motion to approve the dedication of Hospital Road as a public street and authorize preparation of the documents needed to accomplish the dedication, to authorize preparation of an engineering services agreement with Raub, Bein, Frost & Associates for the design of improve- ments to Hospital Road and to authorize the staff to obtain soils engineering services as needed for the design of the street improvements. • Volume,2(. - Page 54 COUNCILMEN CITY OF NEWPORT BEACH roll 0811 March % 1970 0 otion Ayes Absent Wtion yes Absent Lotion Ayes Absent Motion Ayes Absent • A discussion was had. Councilman Shelton amended his motion, and the staff was authorized to prepare an engineering services agreement with Raub, Bein, Frost & Associates for the design of improvements to Hospital Road, the staff was authorized to obtain soils engineering services as needed for the design of the street improvements, and the matter of the dedication of Hospital Road as a public street was continued until such time as reports are received from the above authorized services. A report was presented from the City Attorney concerning regulations applicable to newspapers and news vendors. The City Attorney was instructed to prepare an amend• ment to Section 5. 08. 110 of the Newport Beach Municipal Code to provide a specific exception for newspapers. CURRENT BUSINESS: A report was presented from the Planning Director regarding the findings of the Planning Commission in connection with Tentative Map of Tract 7167, request- ing permission for subdivision of 7. 0 acres into 40 residential lots and one green area lot, developer I. D. H. , a Joint Venture (Holstein & Sons), portion of Block 51 of Irvine's Subdivision, located at the north- west corner of Eastbluff Drive at Vista Del Oro, Northbluff area. Planning Director Larry Wilson gave a staff report. The Tentative Map of Tract 7167 was approved, subject to the conditions recommended by the Planning Commission. A report was presented from the Planning Director regarding the findings of the Planning Commission in connection with Use Permit 1422(g), requesting to subdivide property having an area of 7. 0 acres and to construct 40 residential units as part of a Planned Residential Development. Use Permit 1422(8) was approved, subject to the conditions recommended by the Planning Commission. Volume 24 - Page 55 index News- papers Tr 7167 Use Permit 1422(8) COUNCILMEN 3 �+ �yt`�,9'pp ?'ry Oc 2,pGd roll 0811 ys °y r�( �p� yFs CITY OF NEWPORT BEACH March 9, 1970 index • 3. A report from the Planning Director regarding the Tr 7028 findings of the, Planning Commission in regard to • Final Map of Tract 7028, requesting approval of Unit 7 of the Upper Harbor View Hills development, being the second phase of Tentative Tract 6938, was presented with a report from the Public Works Director. Planning Director Larry Wilson gave a staff report. Motion x The Final Map of Tract 7028 was approved, subject Ayes x x x x x x to the conditions recommended by the Planning Com- Absent x mission; and with the understanding that the City is not approving the park concept as presented; and the following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council. • Resolution No. 7154 authorizing the execution of an R -7154 agreement between the City of Newport Beach and Donald L. Bren Company for the construction of street and other public improvements in connection, with Tract No. 7028, except MacArthur Boulevard and the main line storm drain. Resolution No. 7155 authorizing the execution of an R -7155 agreement between the City of Newport Beach and • Newport Hills, Inc. , for the construction of street and other public improvements in connection with Tract No. 7028, MacArthur Boulevard -only. Resolution No. 7156 authorizing the execution of an R -7156 agreement between the City of Newport Beach and Newport Hills, Inc. , for the construction of the main line storm drain in connection with Tract Nos. 7028 and 7029. • 4. A letter from E. R. Gould, Jr., 325 Lindo Avenue, Gould requesting permission for a hearing concerning Boat- construction of a boat mold project encroaching into Encroach - his side yard setback, was presented with a report ment from the Planning Director. City Clerk Laura Lagios stated an additional letter had been received from Mr. E. R. Gould with a petition bearing 14 signatures of residents in the area and approving the temporary boat construction. Motion x .: It was directed that the boat mold encroachment into Ayes x x x x x x the side yard setback at 325 Lindo Avenue be removed �bsent x within 90 days. • Volume 24 - Page 56 COUNCILMEN 3 NyF P9p�' pp y pG roll CITY OF NEWPORT BEACH March 9, 1970 index • 5. A report from the Public Works Director regarding Curb Cut request of Mr. and Mrs. William Sauter to construct a curb cut at 711 North Bay Front, Balboa Island with curb cut to be on Diamond Avenue, was presented with the request letter from H. R. Sproul, contractor, on behalf of Mr. and Mrs. William Sauter. Mr. Bill Sauter spoke from the audience. Motion x Subject curb cut was approved. Ayes xxx xxx Absent x ADDITIONAL BUSINESS: 1. A letter from The Irvine Company requesting consider Annexn ation of the potential annexation of Harbor View Hills - No. 70 • Sector IV (Phase 3) was presented. Planning Director Larry Wilson gave a brief staff report. Motion x The matter was referred to the Planning Commission Ayes xxx xxx for study and report. Absent x 2. The Mayor was authorized to send a letter to the Police otion x Orange County Communications Commission con- Communi- yes xxx xxx firming the City of Newport Beach's support and cations Absent x willingness to finance its proportionate share of the cost of converting the Orange County Law Enforcement Communications network to an ultra -high frequency system. Motion x 3. The City Attorney was directed to prepare a motion Oil Well Ayes xxx xxx for Council action at the meeting of March 23 Drilling Absent x authorizing the preparation of a lawsuit to enforce the City Charter provision against slant drilling of oil wells in the City. Mayor Pro Tem Parsons stated that the regularly scheduled Study Session for March 16 would not be held. Motion x The meeting was adjourned at 9:35 P.M. to 7:30 P, M., Ayes x x x x x x March 16, 1970 for the purpose of meeting jointly with the Absent x Planning Commission at the Mariners Multi-purpose Room. �lllSi�Ju a �o�Z��t,101�`>✓ A47'EST: � l C' j -ty C r ` • Volume 224 - Page 57