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HomeMy WebLinkAbout12/21/1970 - Adjourned Regular MeetingCOUNCILMEN CITY OF NEWPORT BEACH ADJOURNED REGULAR COUNCIL MEETING y l y s o o Place: Council Chambers Time: 7:30 P.M. ROLL CALL $w Date: December 21, 1970 Present &-bsent Motion Ayes Absent is Motion Ayes Absent Motion Ayes Noes Abstain Absent • X Roll Call. MINUTES The reading of the Minutes of the Regular Meeting of December 14, 1970 was waived, and said Minutes were approved, as amended, and ordered filed. HEARINGS: 1. Mayor Hirth opened the continued public hearing regarding Ordinance No. 1369, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAPS NOS. 34 AND 35, Planning Commission Amendment No. 273, request of Emkay Development Corporation to rezone pro- perty, presently owned by Lockheed Aircraft Corpo- ration, from an Unclassified District to a P -C (Planned Community) District to provide for the classification and development of approximately 196 acres of land, located northeast of the intersection of Palisades Road and Birch Street, for light industry, research and development, business and professional offices, recreation and commercial facilities, portion of Block .50, Irvine's Subdivision. No one desired to be heard. The hearing was closed. Ordinance No. 1369 was adopted after the reading of the ordinance was waived by unanimous, consent of the Council. 2. Mayor Hirth opened the public hearing regarding Ordinance No. 1370, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH PREZONING UNINCORPORATED TERRI. TORY LOCATED NORTH OF PACIFIC COAST Volume 24 Page 325 INDEX Dist Maps 34 & 35 Prez oning Cagney Prop COUNCILMEN 'r�'y ROLL CALL ✓ CITY OF NEWPORT BEACH December 21, 1970 MINUTES INDEX HIGHWAY AND EAST OF SUPERIOR AVENUE, • ADJACENT TO THE CITY OF NEWPORT BEACH IN THE EVENT OF SUBSEQUENT ANNEXATION, Planning Commission Amendment 274, request of William J. and James Cagney to prezone unincorpo- rated territory adjoining the City for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation to the City, re- questing the establishment of a P -C (Planned Com- munity) District to provide for the development of approximately 26. 5 acres of land located north of Pacific Coast Highway and east of Superior Avenue for development as residential garden apartments and condominiums using up to three story buildings with private recreation facilities and both underground and surface parking. Planning Director Larry Wilson gave a brief staff report regarding abandonment of oil wells on subject property. Thomas Peckenpaugh, attorney for James and William Cagney, owners, and for Donald J. Scholz & Co. • prospective purchaser and developer, presented a copy of a letter dated December 21 from Attorney Donald Harwood giving authority and consent to Attorney Peckenpaugh from James and William Cagney to enter upon subject land for the purpose of taking all steps and procedures necessary for the abandon- ment of any and all oil and gas wells now existing on the property, and a letter dated December 21, 1970, from Donald J. Scholz & Co. to the City Council stating that in consideration of prezoning and annex- ation of subject property, they agree to cause the abandonment of the three wells in question to be com- pleted in three years in accordance with all State and legal requirements, and also stating they will post security in an amount equal to 125% of the estimated cost of completion of said abandonment. No one else desired to be heard. Motion x The hearing was closed. Ayes xxxx x x Absent x • Volume 24 - Page 326 COUNCILMEN \IIr'\NROLL CAL CITY OF NEWPORT BEACH December 21. 1970 MINUTES INDEX Kotion x Ordinance No. 1370 was adopted after the reading of yes x x x x xx the ordinance was waived by unanimous consent of Absent x the Council, and subject to the conditions stated in Donald J. Scholz & Co.'s letter dated December 21, 1970 and to the condition that no construction be started on the property where the wells are located . until abandonment procedures are completed. At the request of Attorney Peckenpaugh and by unanimous consent of the Council, the Council considered out of Agenda order proposed Annexation No. 74 ( Cagney), consisting of property located on the east and west sides of Superior Avenue between Pacific Coast Highway and the extension of Hospital Road. A letter was presented from Thomas Peckenpaugh, attor- Annex ney, on behalf of James and William Cagney, owners, and Donald J. Scholz & Co., purchaser and developer, of property located within a County island at Superior Ave- nue and Hospital Road, requesting annexation of the pro- perty to the City immediately following adoption of the prezoning ordinance.. A report from the Planning Director regarding Annexation • No. 74 ( Cagney) was presented with a resolution of the Local Agency Formation Commission approving Annex- ation No. 74 and authorizing annexation to the City of New- port Beach without notice and hearing. Resolution No. 7330, approving the annexation to the City R -733 of certain uninhabited territory contiguous to the City of Newport Beach and known as Superior Avenue - Hospital Motion x Road, Annexation No. 74, was adopted after the reading Ayes x x x x xx of the resolution was waived by unanimous consent of the Absent x Council. The regular order of business was resumed. ORDINANCES FOR INTRODUCTION: Motion x 1. Proposed ordinances establishing procedures for Adm I Ayes x x x x x x refund of "building excise tax fees" and "planning and Absent x zoning application fees" were tabled. CONTINUED BUSINESS: Motion x 1. A report from the Public Works Director regarding Traffi Ayes x x x x x x traffic signal needs and priorities was postponed to Signal epsent x January 11, 1971. Priori Volume 24 - Page 327 74 'ea s .ties COUNCILMEN �s�yyoo -o ��o'yaor y3o �,ona ROLL CALL w CITY OF NEWPORT BEACH December 21. 1970 MINUTES . 2. A report was presented from the City Manager Co regarding Council Policy Review. Po Motion x Council Policies D -2, "Cooperative Beach Erosion Ayes x x x x x x Control Project" and K -1, "Pollution Control, " were Absent x adopted as amended. 3. A letter from R. E. Thomas, County Administrative Hu Officer, enclosing a redraft of Statement of Goals Re and Organization in connection with Study Task Force- Cn Proposed County Human Relations Commission, was discussed. Motion x The Council's representative to the League of Cali - Ayes x x x x x x fornia Cities was directed to abstain when subject Absent x matter comes up at the League meeting on January 14. 4. A report was presented from the Planning Director Tr regarding the findings of the Planning Commission in connection with the request of Donald L. Bren Com- pany for an Encroachment Permit to locate a decora- tive entry consisting of simulated gatehouse and land- scaping within the public right -of -way on the center median of Port Sutton Drive. .lotion x Subject Encroachment Permit was granted, subject to Ayes xxxx x x the conditions recommended by the Planning Com- Absent x mission. 5. A report was presented from the Harbor and Tideland Pa Administrator regarding review of the temporary Qu Commercial Harbor Permit granted to Davey's Locker, Inc. to operate the Pavilion Queen as a sight- seeing and entertainment boat. Motion x A public hearing was set for January 11, 1971 to Ayes xxxx x x determine whether or not to issue a Commercial Absent x Harbor Permit for the Pavilion Queen. CURRENT BUSINESS: 1. The City Clerk presented the following Pacific Coast Pa, Freeway Initiative Petitions, filed with her on Decem- Co ber 3, 1970, with her Certificate of Sufficiency at- Fw tached to each Petition: (a) Petition consisting of 348 sections and bearing a total of 8, 036 signatures of purported registered, . qualified voters of the City of Newport Beach, Volume 24 - Page 328 INDEX xncil .icies nan .ations Ls n 7030 rilion :en :ific tst Y COUNCILMEN g � P 5 - 6 2y3� y9 ROLL CALL • Motion Aye s Absent • CITY OF NEWPORT BEACH MINUTES December 21, 1970 RlC�:� Special Election 1971 R -7331 entitled "A Petition to Enact an Ordinance to Repeal a Portion of City Council Resolution No. 6890 and a Portion of that Freeway Agreement Made and Entered Into October 30, 1968 by and Between the State of California and the City of Newport Beach, " with attached City Clerk's Certificate of Sufficiency. (b) Petition consisting of 343 sections and bearing a total of 8, 174 signatures of purported registered, qualified voters of the City of Newport Beach, requesting an amendment to the Charter of the City of Newport Beach as follows: "Freeway and Expressway Agreements; Connection with Free- way; Vote of Electors Required for Approval. Unless and until approved by a majority of the city's electors voting at a general or special election, the city shall not enter into an agree- ment or contract with the State of California or any other government or department, subdivision, agency or commission thereof (1) allowing con- struction of a freeway or expressway which would be in whole or in part within the boundaries of the city or (2) to close any city street at or near the point of its interception with any free- way or expressway or to make provision for carrying such city street over or under or to a connection with the freeway or expressway or to do any work on such city street as is necessary therefor, " with attached City Clerk's Certificate of Sufficiency. Also presented was the City Attorney's opinion con- cerning Pacific Coast Freeway ballot propositions. Dee Cook, former City Councilman, spoke on the matter and also requested that an additional Charter amendment be placed on the ballot for voter con- sideration of whether or not the Mayor should be elected by the voters of the City. Resolution No. 7331, being a resolution of the City Council of the City of Newport Beach, calling and giving notice of a Special Municipal Election to be held in said City on Tuesday, March 9, 1971 for the purpose of submitting an initiative ordinance and a x Charter amendment to the qualified voters of said x x x x x x City, was adopted after the reading of the resolution x was waived by unanimous consent of the Council. Volume 24 - Page 329 RlC�:� Special Election 1971 R -7331 COUNCILMEN 3t��+oyoom /y2 C �'F m� roc o vN ROLL CALL \d pis r CITY OF NEWPORT BEACH T1PrPmhPr 21 1 Q7n MINUTES ' 2. Annexation No. 74 was taken up earlier in the meeting immediately following Public Hearings. 3. A report was presented from the Public Works Pa Director regarding parking on 15th Street and Pr Michael Place. b Resolution No. 7332, limiting the parking of vehicles R- vAotion x on certain portions of 15th Street and Michael Place, kyes x x x x x x was adopted after the reading of the resolution was kbsent x waived by unanimous consent of the Council. 4. A report was presented from the Public Works St( Director regarding stop controls. Motion x The following resolutions were adopted after the kyes x x x x x x reading of the resolutions was waived by unanimous kbsent x consent of the Council: Resolution No. 7333 designating intersections at R- which vehicles are required to stop and directing the Traffic Engineer to erect necessary stop signs. Resolution No. 7334 authorizing removal of stop R- ' controls on Acacia Avenue at Fourth Avenue and on Second Avenue at Dahlia Avenue. 5. A report was presented from the Planning Director Tr regarding the Final Map of Tract 7223, dividing 52.33 acres into 117 single - family residential lots and one green area lot, located north of San Joaquin Hills Road, between MacArthur Boulevard and Jamboree Road in the "Big Canyon" Planned Community. vlotion x The Final Map of Tract 7223 was approved, subject kyes x x x x x x to the conditions recommended by the Planning Com- ibsent x mission; and the following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: Resolution No. 7335 authorizing the execution of R- an agreement with Richard B. Smith, Inc. and The Irvine Company, Subdivider, for the con- struction of improvements in Tract No. 7223. Resolution No. 7336 authorizing execution of an R- agreement with The Irvine Company and Richard B. Smith, Inc. , Subdivider, for the construction ' of improvements in Tract No. 7223, for Big Canyon Drive. Volume 24 - Page 330 INDEX rking ohi- itions 7332 op Signs 7333 7334 7223 7335 7336 COUNCILMEN ROLL CALL N Z � Zj �,O' 9 0(O0.n9'T 4 9 N CITY OF NEWPORT BEACH December 27 . 7 97n MINUTES INDEX Lister an Lte r 7337 ier- ound lity it 1 7338 °sonnel entive n to Ana er ty 6. A report was presented from the Public Works Ma Director regarding study of future Master Plan Water Pl. • Supply Facilities. WE Resolution No. 7337, authorizing the execution of an R- agreement between the City of Newport Beach and Shuirman- Simpson, Civil Engineers, for engineering study in connection with providing domestic water service to Harbor View Hills, Sector IV, with maxi - Motion x mum fee not to exceed $6, 500, was adopted after the Ayes x x x x x x reading of the resolution was waived by unanimous Absent x consent of the Council. 7. A report was presented from the City Attorney Un regarding amendment to Underground Utility District g: No. 1. Uti Dii Resolution No. 7338, amending Resolution No. 7308 R- Motion x which established Underground Utility District No. 1, Ayes x x x x x x was adopted after the reading of the resolution was Absent x waived by unanimous consent of the Council. 8. A report was presented from the City Manager Pe regarding implementation of a performance incentive Inc plan and a scholastic achievement incentive plan as PIE *otion previously instructed by the City Council. x Subject In Plans were approved, and the staff Ayes x x x x x x was directed to implement said Plans, subject to the Absent x condition that no later than 30 days after completion of the first year, and before the second year awards are given, the matter is to come back to the City Council for evaluation. A discussion was had regarding waiver of the two - year consecutive performance rating requirements in order to implement the plan as of January 1, 1971. Motion x The staff was directed to come back on January 11 Ayes x x x x x x with recommendations in writing regarding methods Absent x of implementing the Plan in January, 1971. CONSENT CALENDAR: Motion x The following items were approved by one motion af- Ayes x x x x x x firming the actions on the Consent Calendar: Absent x 1. The following Advisory Communications were ordered filed: • Copy of letter from Don Adkinson to Mr. John Willoughby, Chairman Citizens Committee, City of San Riv Stu, Volume 24 - Page 331 INDEX Lister an Lte r 7337 ier- ound lity it 1 7338 °sonnel entive n to Ana er ty COUNCILMEN y?i G���O�np NAT in P S < 7 N4L ROLL CAl 1 3 CITY OF NEWPORT BEACH December 21. 1970 MINUTES • Anaheim regarding Santa Ana River Study and enclosing copy of "Comments of part of the Citizen Committee Representing the City of Newport Beacl as part of the Advisory Group for the Study of the Santa Ana River from the Prado Dam to the Sea. " Copy of letter from Joseph H. Donohue to the Gove nor and all Legislators suggesting a change in the method for financing local fire departments. Notice of Prehearing Conference before Public Utilities Commission in connection with applicatiox of Southern California Edison Company for increas in rates. Notices from Local Agency Formation Commissiox of hearings on December 23, 1970 in connection wi the following: (a) Proposed annexation to the Costa Mesa Sanita3 District designated Engineer's No. 132, locate at the easterly end of the triangle formed by S Diego Freeway and Greenville Banning Channe (b) Proposed annexation to the Costa Mesa Sanitai District designated Engineer's No. 134, locate • northerly of Baker Street and easterly of Harb Boulevard in the City of Costa Mesa. Preliminary Agenda for Local Agency Formation Commission meeting of December 23 indicating arr matters to be considered the proposed annexation t County Sanitation District No. 5, Annexation No. 4 Copy of agenda of Board of Supervisors meetings held December 15 and 16, 1970. Copy of minutes of Orange County Mosquito Abate- ment District meeting held November 19, 1970. 2. The following communications were referred as indicated: Referred to staff for reply, letter from To Shelto protesting destruction of the Fun Zone in Balboa. Referred to staff for reply, letter from Mrs. Erne Ballif requesting stricter enforcement of the leash law and animal nuisances law. Volume 24 - Page 332 INDEX s r- L e th y d in 1. y d or .ong o L Fun Zone st Leash Law COUNCILMEN 3� P y o o q yy� F A� PSG � 9yin ROLL CALL %r v p CITY OF NEWPORT BEACH December 21, 1970 MINUTES INDEX . 3. The following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: Resolution No. 7339 authorizing the execution of an Tr 692 indemnity agreement between the City of Newport R -7331, Beach and The Irvine Company in connection with Tract 6927 storm drain system, along Bayside Drive at E1 Paseo Drive. (A report from the Public Works Director was presented.) Resolution No. 7340 requesting the County of Orange Balboa to include within the arterial highway financing pro- Blvd gram the development of Balboa Boulevard. (A Wideni report from the Public Works Director was pre- R -734( sented.) Resolution No. 7341 requesting the County of Orange Univ to include within the arterial highway financing pro- Dr (N) gram the development of University Drive (North). R -7341 (A report from the Public Works Director was pre- sented.) Resolution No. 7342 awarding a contract for Balboa Balboa • Parking Lot improvements, Contract No. 1260, to Astec /Loughran in the amount of $249, 656. 90. (A Prkg I R -7341 report from the Public Works Director was pre- sented.) Resolution No. 7343 authorizing the execution of a Park r parking agreement between the City of Newport Beach, Parkin The Irvine Company, and Park Newport, Ltd., in R -734: connection with the development of an apartment pro- ject. (A report from the City Attorney was pre- sented.) Resolution No. 7344 recommending that the Chief of Explos the Fire Department be designated as the issuing Permi authority for explosives permits pursuant to Section R -734, 12007 of the Health and Safety Code. (A report from the City Attorney was presented. ) 4. The City Clerk's referral of the following claim to Claimi the insurance carrier was confirmed: Summons and Complaint for Trespass and for False Palme Arrest and Imprisonment of Louise Palmer. • Volume 24 - Page 333 ng ,ot pt ive cs COUNCILMEN 3. � � s n o A n L 0� 9 O 9 �y ?i O �� ROLL CALL CITY OF NEWPORT BEACH December 21, 1970 MINUTES INDEX ag 5. The work was accepted on the Demolition of Buildings 32nd St for the Widening of 32nd Street and Balboa Boulevard, Widenii Contract No. 1152, and 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 pre- sented.) 6. The public improvements constructed in conjunction Tr 702' with Tract No. 7027 (Upper Harbor View Homes), except MacArthur Boulevard, were accepted, and the City Clerk was authorized to release Faithful Per- formance Bond No. SC 7103858 and to release the Labor and Materials Bond in six months provided no claims have been filed. (A report from the Public Works Director was presented.) 7. The following Budget Amendments were approved: BA -40, $650. 00 transfer of Budget Appropriations for renovation of City Hall's heating system from Unappropriated Contingency Reserve to Nondepart- mental, Services -Prof. , Tech., Etc., General Fund. (A report from the City Manager was presented. ) , ' BA -41, $1, 800 transfer of Budget Appropriations for repair of Newport Pier ramp from Unappropriated Contingency Reserve to Field Maintenance, Services - Prof., Tech., Etc., General Fund. (A report from the City Manager was presented. ) BA -42, $6, 500 increase in Budget Appropriations for engineering study of future master plan water supply facilities in the Upper Harbor View Hills area from Unappropriated Surplus Water, to Water Supply Facilities -Upper Harbor View Hills Area, Water Fund. BA -43, $2, 000 transfer of Budget Appropriations for underground utilities on City property consisting of elimination of two spans of overhead wire serving the Irvine Terrace Park public restroom and under - grounding of the overhead telephone services to the lifeguard tower and sewer pump station at Little Corona beach, from Unappropriated Contingency Reserve to Underground Utilities on City Property, General Fund. Volume 24 - Page 334 ag ROLL CALI • Motio Ayes Abser Motio Aye s Abser 4otic yes Abser Motic Ayes Abser Motic Aye s Abser • COUNCILMEN CITY OF NEWPORT BEACH MINUTES December 21, 1970 INDEX ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. The 1970 reports of the Orange County Grand Jury Helicopter on Planning, Communications and Orange County Program Sheriff's Office were referred to the Council repre- sentative to the League of California Cities with instructions to inquire of the League whether it would care to appoint a committee to look into an Orange County helicopter program with cities to retain control over the i r helicopter programs but to pool main- tenance services. ADDITIONAL BUSINESS: 1. The Mayor was directed to write a letter to the Board Or Co X of Supervisors recommending consideration of Senator Airport Carpenter's proposals regarding airports and in- cluding the statement that the City of Newport Beach still wishes to work toward the goal of having all jet activity removed from the Orange County Airport. Z. Resolution No. 7345, accepting a Grant Deed from 32nd St Frank L. Fredericks and Aileen Fredericks, in con- Widening nection with 32nd Street and Balboa Boulevard R -7345 x Widening, was adopted after the reading of the reso- lution was waived by unanimous consent of the Council (A report from Public Works Director was presented. 3. Due to the previous appointee's ineligibility Trans - because of being a non - resident of Newport Beach, portation x Grant Howald was appointed to the Transportation Plan Cmte x Plan Committee as the representative of the Corona del Mar Chamber of Commerce. 4. Resolution No. 7346, expressing interest in obtaining Upper Npt a sea grant for the purpose of studying the Upper New Bay Study port Bay and stating that the Council is willing to R -7346 enter into a joint agreement with the County of Orange and The Irvine Company, was adopted after the x reading of the resolution was waived by unanimous consent of the Council. 5. A letter from Mayor Pro Tem Rogers to the City Civic Council requesting reconsideration of Resolution No. Center 7321, authorizing execution of an agreement between the City of Newport Beach and the County of Orange for the sale of Civic Center property to the County of Orange for construction of Municipal Court facilities, and to reset the matter for public hearing on Janu- ary 11, 1971, was presented. Volume 24 - Page 335 COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROLL CALL N yes oes Absent Motion Ayes Absent 0 December 21, 1970 II N21 A vote was taken on Mayor Pro Tem Rogers' request x x to reconsider, which failed to carry. x The meeting was adjourned at 9:30 P.M. x Mayor ATTES \ City Jerk Volume 24 - Page 336