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Home My WebLink About06/08/1970 - Regular MeetingCOUNCILMEN ?i S' A �Z� YOC��,0 ROLL CALI. ✓' CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: June 8, 1970 MINUTES INDEX Present x x x x x x x Roll Call. `` The reading of the Minutes of the Regular Meeting of Motion x May 25, 1970 was waived, and said Minutes were approved as written and ordered filed. HEARINGS: 1. Mayor Hirth opened the continued public hearings in Promor connection with Master Plan Amendments No. 25 and tory the proposed closing up, vacation and abandonment of Bay a portion of Bayside Drive (Promontory Bay). Master Plan Amendment No. 25 proposed to amend the Master Street and Highway Plan by realigning Bayside Drive between East Coast Highway and Jamboree • Road (Marine Avenue), and to close a section of existing Bayside Drive westerly of Jamboree Road (Marine Avenue). The public hearing in connection with the proposed Bayside Drive vacation was held in accordance with Resolution No. 7163, being a resolution of the City Council of the City of Newport Beach declaring its intention to order the closing up, vacation and abandonment of a portion of a certain street known as Bayside Drive. • The following items were also considered in con- junction with the above public hearings: (a) Tentative Map for Tract 3867 (Promontory Bay), a subdivision of 24.0± 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 • reserved for park site and Lot 63 reserved for commercial site. (b) Application for Use Permit 1466 requesting per- mission to develop residential area of single family dwelling units and supporting recreational facilities to include a yacht basin and marina (Promontory Bay). City Attorney Tully Seymour presented a report on the basis of severance damages to Balboa Yacht Basin property. • Volume 24 - Page 122 COUNCILMEN 9 y o o R�L CALL 3 - " LJ • n U Motic Ayes Motic Ayes oes bsta • Moti( Aye s u CITY OF NEWPORT BEACH MINUTES June 8. 1970 INDEX Irvine Company, ;ommission condition [for a. service road 0. 050 of the Municipal L reported on revenues Tpes of development ng the Balboa. Yacht Bfuture severance sion be made for a ich would allow adopted after the vaived by unanimous ag Amendment No. 25 R -.7187 ghway Plan; ng the vacation, R -7188 t of a portion of a yside Drive; ty Agreement was Vewport Beach and The vine Company agrees the City from any of the abandonment with a maximum bursement to the City rt costs up to a 67 was adopted, Tr 3867 mended by the Planning which provided for a subject to the 3artment and Irvine bicycle trail along Page 123 David Kaylor, representing The requested deletion of Planning i No. 5, which condition provide( in accordance with Section 19. 2 Code. Planning Director Larry Wilso( and cost estimates on various t on said property. Harry E. Westover, representi Basin, spoke regarding possibl damages. Allen Beek requested that provi bicycle trail on Bayside Drive. Dee Cook opposed curb cuts wh up onto streets. n x The hearing was closed. xxxxxxx n x The following resolutions were x x xxx reading of the resolutions was x consent of the Council: In x Resolution No. 7187 adopti to the Master Street and H. Resolution No. 7188 order: closing up and abandonmen certain street known as Ba and the execution of an Indemni authorized between the City of Irvine Company whereby The I3 to indemnify and save harmlese liability or damages arising ou and relocation of Bayside Drive limitation of $50, 000 plus reim for any attorney's fees and cou maximum amount of $5, 000. on x The Tentative Map for Tract 3E xxxxxxx subject to the conditions recom Commission except Condition 5 service road, was deleted, and conditions that the Planning De Company work out details for a Volume 24 - INDEX Irvine Company, ;ommission condition [for a. service road 0. 050 of the Municipal L reported on revenues Tpes of development ng the Balboa. Yacht Bfuture severance sion be made for a ich would allow adopted after the vaived by unanimous ag Amendment No. 25 R -.7187 ghway Plan; ng the vacation, R -7188 t of a portion of a yside Drive; ty Agreement was Vewport Beach and The vine Company agrees the City from any of the abandonment with a maximum bursement to the City rt costs up to a 67 was adopted, Tr 3867 mended by the Planning which provided for a subject to the 3artment and Irvine bicycle trail along Page 123 COUNCILMEN ROLL CALL \ • Motion Ayes • Motion bye s • Motion Ayes 0 • CITY OF NEWPORT BEACH June 8. 1970 MINUTES INDEX s M Bayside Drive and that provision be made for adequate off -site signing for the Balboa Yacht Basin; and Use UP 1466 Permit No. 1466 was approved, subject to the con- ditions recommended by the Planning Commission. x It was directed that the waterways be dedicated to Waterway x x x x x the City of Newport Beach with the stipulation that Dedicatic the bulkheads be behind the bulkhead lines. 2. Mayor Hirth opened the public hearing, pursuant to Le Salon Municipal Code Section 5. 40, in connection with De Trait - proposed revocation of business license No. 6395 ments issued to J. J. Van Oberermeer, doing business as Le Salon De Traitments, located at 2930 West Coast Highway, Detective John Simons of the Newport Beach Police Department testified concerning certain allegations regarding criminal offenses involving prostitution activities at the subject premises. No one else desired to be heard. Business License No. 6395 issued to J. J. Van Oberermeer, dba Le Salon De Traitments, located x x x x x at 2930 West Coast Highway, was revoked. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1338, being, Parkway Trees AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 13.09 ENTITLED "PARKWAY TREES" TO TITLE 13 OF THE NEWPORT BEACH MUNICIPAL CODE, requiring trees to be planted in abutting parkways where new commercial or residential buildings are constructed or where commercial or residential buildings are increased in size by 50 %u or more, was presented for second reading. x Ordinance No. 1338 was adopted after the reading of c x x x x x the ordinance was waived by unanimous consent of the Council. Volume 24 - Page 124 s M COUNCILMEN CITY OF NEWPORT BEACH 'f� '2 N�9 ROLL CALL June 8, is • 11 Motion Ayes Noew • Motion Wes 1970 ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1339, being, MINUTES AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 3.12. 030 OF CHAPTER 3.12, ENTITLED "PROPERTY DEVELOPMENT TAX ", OF TITLE 3 OF THE NEWPORT BEACH MUNICIPAL CODE TO PROVIDE FOR AN INCREASE IN THE RATES OF THE EXCISE TAX IMPOSED UNDER SAID CHAPTER, was presented with a report from the City Manager. Assistant City Manager Jim DeChaine gave a brief staff report. Mr. Peckenpaugh, attorney for Gerson Bakar requested delay of the effective date of the ordinance. Jack. Barnett, Executive Manager of Newport Harbor Chamber of Commerce, read the Commercial Committee's report recommending no raise in the excise tax at this time. Sam Downing requested no raise at the present time. Richard Reese, representing The Irvine Company, requested delay of the increase until such time as a Master Plan is adopted. Ralph Secketa spoke and urged credit for older buildings being replaced by new structures. Amended Ordinance No. 1339, with the effective date to be August 1, 1970, was. introduced and passed to second reading on June 22, 1970. 2., Proposed Ordinance No. 1340, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 5. 04. 160 OF TITLE 5 OF THE NEWPORT BEACH MUNICIP CODE RELATING TO BUSINESS LICENSES TO EXTEND THE TERM OF ALL BUSINESS LICENSES ISSUED DURING THE PERIOD BE- TWEEN JULY 1, 1969 AND JUNE 30, 1970 UNTIL DECEMBER 31, 1970; AND PROVIDING FOR THE ISSUANCE OF LICENSES FOR ANY BUSINESSES WHICH WERE NOT PREVIOUSLY LICENSED DURING THE PERIOD BETWEEN JULY 1, 1969 AND JULY 1, 1970, was presented with a report from the City Manager. Ordinance No. 1340. was introduced and passed to second reading on June 22, 1970. • Volume 24 - Page 125 INDEX Building Excise Tax Business Licenses COUNCILMEN CITY OF NEWPORT BEACH ;F�9oZOOv Z 3 c 9a °✓' 9P s`9 �9a S < < QZ ROLL CALL June 8. 1970 MINUTES INDEX m re mpli - rowing er, Parks, and litter on Ltive Vice BBC of High- supporting Harbor Lg of a District trict or, 0 irks and lion from Acacia - arding Mullan Be ach Annex 71 s recom- mission posed ssa and Mesa erly of :et. IJury Upper resent Npt'Bay -port ' UPper ange as - Npt Bay CONSENT CALENDAR: Wotion x The following items were approved by one moti Ayes x x x x x x x affirming the actions on the Consent Calendar: 1. The following Advisory Communications we ordered filed: Letter from Gil Huffman of Los Angeles co menting Newport Beach as a progressive, and beautiful city, and thanking City Manag Beaches and Recreation Director and staff, various citizens for helping to make it so. Letter from Mrs. Frank X. Frei protestin beaches caused by dogs. ® Copy of letter to Richard S. Stevens, Execs President, Balboa Bay Club, from Divisior ways regarding acquisition of Tract 1210. Resolution of the City of Huntington Beach i Assembly Bill No. 568 relating to the calli, Special Election to dissolve the Harbor Dis in the alternative, to expand such District 1 authorize it to exercise jurisdiction over p; recreational areas within the District. Letter to Local Agency Formation Commis Richard T. Turner, Executive Officer, reg proposed annexation to the City of Newport designated as the Acacia Annexation with hi mendation s . Notices from Local Agency Formation Corr. • regarding hearing on June 10 regarding prc Williams Annexation to the City of Costa M proposed Williams Annexation to the Costa Park and Recreation District, located west Canyon Drive and northerly of Victoria Stre Resolution of the 1970 Orange County Gran( opposing the immediate completion of the p Upper Newport Bay Land Exchange. 1970 Orange County Grand Jury Minority R endorsing the Upper Newport Bay land exch it stands as of this date. Volume 24 - Page 126 MINUTES INDEX m re mpli - rowing er, Parks, and litter on Ltive Vice BBC of High- supporting Harbor Lg of a District trict or, 0 irks and lion from Acacia - arding Mullan Be ach Annex 71 s recom- mission posed ssa and Mesa erly of :et. IJury Upper resent Npt'Bay -port ' UPper ange as - Npt Bay COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROLL CALL- June 8, 1970 INDEX • Resolution of the Board of Supervisors in connection City- with City- County Dock property approving Consent to Mortgage of Leasehold Estate and authorizing the County Dock Chairman to sign the Consent and to sign the Request for Notice with respect to the Deed of Trust approved under the aforesaid Consent, with copies of documents Excerpt from Minutes of Board of Supervisors meeting Civic of May 19 regarding cancellation of taxes on City of Center Newport Beach property (Civic Center site). Copy of Petition of the Ventura Port District to inter- vene and become a party in the matter of the appli- cation of Pacific International Hover Craft before the Public Utilities Commission for a Certificate of Public Convenience and Necessity. • Notice and invitation from California Water Resources Association regarding Water Leaders' Luncheon in Santa Ana on June 11 -12, 1970. Copy of Minutes of meeting of Orange County Mosquito Abatement District held May 21, 1970. Agenda of meetings of Orange County Board of Super- visors held May 26, Z7,, June 2 and 3, 1970. • Letter from Mrs. Edward L. Culver expressing her concern for the future of the Upper Back Bay. 2. The following communications were referred as indicated: Referred to Parks, Beaches and Recreation Com- Street mission, letter from.Ron Yeo regarding consideration Trees • of increase in budgeted amount for the street tree planting program. Referred to staff for reply, letter from Mrs. Paul W. Handbills Borcherding regarding the placing of advertising and handbills at a residence in absence of resident. 3. The following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: Resolution No. 7189 authorizing the execution of an Resub 282 agreement with The Irvine Company, subdivider, for the construction of improvements in Resubdivision R -7189 No. 282. (A report from the Public Works Director • was presented. ) • Volume 24 - Page 127 ROLL CALL • • • • • COUNCILMEN CITY OF NEWPORT BEACH June 8, 1970 MINUTES Resolution No. 7190 determining and declaring that the public interest, convenience and necessity of the City of Newport Beach requires the acquisition of certain real property to be used by said City in connection with the widening of 32nd Street, and declaring the intention of the City to acquire said property under eminent domain proceedings, and directing the City Attorney of said City to commence an action in the Superior Court of the State of Cali- fornia, in and for the County of Orange, for the purpose of acquiring said real property; property of Stephen J. McNash at 304 -306 32nd Street. (A report from the Public Works Director was presented.) Resolution No. 7191 awarding a contract to Sully Miller Contracting Company for the Irvine Avenue Widening from 15th Street to 16th Street in the amount of $119, 896, Contract No. 1262. (A report from the Public Works Director was presented.) Resolution No. 7192 prohibiting the parking of vehicles from midnight to 6:00 A. M. on Marine Avenue be- tween North Bay Front alley and Park Avenue. (A report from the Traffic Engineer was presented. ) 4. The City Clerk's referral of the following claims to the insurance carrier was confirmed: Claim of Jerry E. Freeman for damage to his car on May 3 allegedly caused by a City vehicle. Claim of Mrs. Winfield E. Hall, Jr. for plumbing charges in connection with having sewer lines cleaned, allegedly caused by roots in the line under public right of way property. Claim of Barbara Orsatti for personal injuries sustained on May 18 when she was involved in an accident with a City vehicle. 5. The staff was authorized to acquire parcels of pro- perty for the City at 203 39th Street, 4300 and 4302 West Balboa Boulevard, and 25 feet of 4506 West Balboa Boulevard at the appraised fair market value in connection with the Balboa Boulevard widening. (A report from the Public Works Director was presented. • 11111111 Volume 24 - Page 128 INDEX 32nd St Widening R -7190 Irvine Ave Widening R -7191 Parking Pr ohib R -7192 Clms Drags Freeman Hall Orsatti Balboa Blvd Widening COUNCILMEN ROLL CALL • u i • Motion Ayes • CITY OF June 8, 1970 NEWPORT BEACH MINUTES INDEX 6. The City Clerk was instructed to publish a Notice Legal Inviting Bids to be received at or before the hour of Publi- 7:30 P. M. on June 22, 1970 for a contract covering cations the publishing and printing of all legal notices, or other material required to be published in a news- paper of general circulation published and circulated in the City of Newport Beach, for the fiscal year ending June 30, 1971, C -1292. 7. The expense account of Councilman Dostal in con- nection with the Mayors' and Councilmen's Institute in Los Angeles May 20 -22, 1970, was approved. 8. The following Budget Amendments were approved: BA -78, $840. 25 increase in Budget Appropriations and Revenue Estimates for purchase of audio visual equipment from Donations and Contributions (donated by Friends of the Library) to Libraries, Equipment N.O.C., Library Fund. BA -80, $34, 444 transfer of Reserve for Note Receivable to Unappropriated Surplus resulting from final installment payment by Anthony Pools, Inc. on purchase of South Coast property. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report was presented from the City Attorney Buffalo regarding conveyance of a walkway easement to the Hills Harbor View Community Association and Buffalo Park Hills Park. Resolution No. 7193, authorizing execution of a R -7193 Grant of Easement in favor of the Harbor View Com- munity Association for walkway access purposes to perform building maintenance in connection with Buffalo Hills Park, was adopted after the reading of "xxxxx the resolution was waived by unanimous consent of the Council. 2. A report was presented from the Public Works Corp Director regarding proposal for evaluation of City Yard Corporation Yard fill. Budget Amendment No. BA -79, $4, 000 transfer of Budget Appropriations for engineering services con- tract with W. A. Wahler and Associates for evaluation of Corporation Yard fill from Unappropriated Con - Volume 24 - Page 129 COUNCILMEN �2s 9oc��pZ�o`a�(�NQi ROLL CALL ^ I , L_J *otio es • Motic 4 e • • CITY OF NEWPORT BEACH MINUTES June 8. 1970 INDEX tingency Reserve to Services, Prof -Tech, Public n x Works, General Fund, was deferred until the next xxxxxxx fiscal year. CONTINUED BUSINESS: 1. Proposed modification of Annexation No. 70, Harbor Annex 70 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 report from the Planning Director and a letter addressed to the City Manager from Mr. John Vibert, President of Pacific View Memorial Park, opposing subject modification. Mr. John Vibert, President of Pacific View Memorial Park, and Timothy L. Stater, attorney representing Pacific View Memorial Park, spoke from the audi- ence and stated that Pacific View did not desire to have its remaining acreage included with the proposed Harbor View Hills Annexation, Phase III, at this time. n x The matter was continued to June 22, 1970. xxxxxx 2. Request of Azimuth Equities, Inc. to annex to the Proposed City of Newport Beach a 50 acre parcel (McDonnell- Azimuth Douglas property) located at the northeast corner of Annex MacArthur Boulevard and Campus Drive, was pre- sented with a letter from the Chancellor of the University of California, Irvine, dated May 25, requesting the City to notify the Local Agency Formation Commission that because of previous commitment to the University, the City does not look with favor on or intend to annex subject parcel of land; a letter from the President of The Irvine Com- pany, dated June 1, 1970, stating they are strongly opposed to the granting of the proposed annexation and requesting the City Council to set forth, in resolution form to the Local Agency Formation Com- mission, its objection to this application for annex- ation; copy of preliminary agenda of Local Agency Formation Commission for June 10 meeting, including consideration of proposed annexation to the City of Newport Beach, Campus - Airport Annexation; letter to Local Agency Formation Commission fl°om Orange County Flood Control District regarding Master Plan of Drainage for the Irvine Industrial Area and recom- Volume 24 - Page 130 COUNCILMEN 5p Z C9 �C O 0 7 ROLL CALL ry9 r '9 4 N � '^ r1 LJ • • • I 1 U • • CITY OF NEWPORT BEACH MINUTES June 8, 1970 INDEX mending approval of subject annexation and a letter from Erle H. Frady, Corona del Mar resident, urging Council approval of subject annexation. _ A report was presented from the City Manager regarding financial impact of requested annexation at MacArthur and Campus Drive. Planning Director Larry Wilson gave a staff report. Traffic Engineer Bob Jaffe gave a staff report on traffic projections in the area. Alex Bowie, repre- senting Azimuth Equities, Inc., read a letter addressed to Mayor Hirth from William D. Clark expressing approval of subject annexation. Ray Watson, representing The Irvine Company, spoke regarding ultimate Newport Beach boundaries, urged denial of subject annexation, and presented a petition from Allergan Pharmaceuticals, Inc., Voorheis- Trindle & Nelson, Dana LaboratoRies, Inc., Parker - Hannifin Corporation and Irvine Industrial Complex requesting that any action on prezoning and annex- ation be disapproved at this time. The following people urged denial of subject annex- ation: Clifton Miller, Director of Planning Develop- ment at UCI: Isabel Schneider, President of Uni- versity Park Home Association; John Burke, Presi- dent of Village Park Community Association; Ray Quigley, representing Turtle Rock Hills; George Snodgrass, representing Turtle Rock - Broadmoor Community Association; L. E. Raisor, Vice Presi- dent of University Park Merchants Association; Fred Fry, President of Turtle Rock Hills Community Association; Frank Murray representing Cloverdale residents. Dee Cook spoke from the audience and requested Council not to be bound by any old Council actions, and urged that action be predicated on what was right for the City of Newport Beach citizens. Charles Curry, President of the Newport Harbor Chamber of Commerce, stated that his Executive Committee expressed concern regarding proceeding with the annexation at this time, but the Board of Directors had not had an opportunity to discuss the matter. Ralph Secketa urged Council to give due consideration to the citizens of Newport Beach. Volume 24 - Page 131 COUNCILMEN \Ir \1101\7 N ROLL CALL • 111 • r 1 LJ Motion Ayes Wes • Motion Ayes Motion Ayes • • CITY OF NEWPORT BEACH June 8. 1970 MINUTES INDEX ty Steve Clark said the natural beauty of the area should be considered. Arnold_Canfi4ld, Assistant Secretary of Collins. Radio Company, submitted two letters to the Council, the first of which asked Council postponement of any action on the requested annexation, and the second letter withdrew the request for postponement and stated their position was neutral. Mr. Canfield was asked by the Council if Collins Radio Company was considering future annexation to the City of Newport Beach. Mr. Canfield stated that he could not speak for the Company on that matter but that he would present the question to the Company in the next few days. Roger Hopkins, Manager of Corporate Real Estate for Collins Radio, also stated that the Company was strictly neutral. Councilman Croul left the Council Table due to personal connection in the matter. The matter was continued to the meeting of June 22 x: for response from the Collins Radio Company. x Councilman Croul returned to the Council Table. ADDITIONAL BUSINESS: 1. Councilman Rogers read Resolution No. 7194, re- Pacific affirming Council's opposition to that portion of the Coast proposed Pacific Coast Freeway within the City of Freew� Newport Beach. Resolution No. 7194 was adopted. R -7194 x x x x It was agreed that Councilman Rogers would represent the City at the Freeway hearing on June 11, and also would represent the City on the same date in con- nection with the proposed dissolution of the Orange County Harbor District. The meeting was adjourned at 1:25 A. M. to 4:00 P. M. , x x x x June 9, 1970. o � Mayor =ST: City Clerk Volume 24 - Page 132 ty