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Home My WebLink About03/11/1968 - Regular MeetingCITY OF NEWPORT BEACH Volume 21 - Page 224 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: March 11, 1968 Time of Meeting: 7:30 P.M. COUNCILMEN p n a Z Roll Call: Present x x x x x x Absent x The reading of the Minutes of the Regular Meeting of February 26 and of the Special Meeting of March 5, 1968 Motion x was waived, and said Minutes were approved as written Ayes x x x x x x and ordered filed. Absent x HEARINGS: 108 1. Mayor Gruber opened the public hearing regarding the Sail -Inn appeal of Anderson & Moore, owners of the Sail -Inn Motel Motel and Coffee Shop, 2627 Newport Boulevard, from Appeal the decision of the Planning Commission denying Use UP 1335 Permit No. 1335 which requests approval of an outdoor .'� patio restaurant in connection with an existing seven- teen seat coffee shop and twelve unit motel, Lots 8, 9 and portion of 10, Sub. of Block 227, Section A, Zone C -1. A letter dated February 15, 1968 from Mr. Harry V. Anderson appealing the Planning Commission decision and requesting consideration of a' compromise of three tables in the proposed patio area was presented with the findings of the Planning Commission. Planning Director Ernest Mayer, Jr. reported on the findings of the Planning Commission. Mr. Harry Anderson and Mr. Norman Moore spoke from the audience. The hearing was closed. Motion x Ayes x x x x x Absent x The findings of the Planning Commission were sus- Motion x tained and Use Permit No. 1335 was denied. Ayes x x x x x Absent x 2. Mayor Gruber opened the public hearing regarding the 109 appeal of Otis LaRoe from the decision of the Planning La Roe Commission denying application for Variance No. 928 appeal which requests approval to construct two apartments Var. 928 and two commercial retail stores with less than the required parking at 328 Marine Avenue, Balboa Island, Lot 14, Block 14, Section 4, Balboa Island Tract, Zone C -1. Appeal letter dated February 23, 1968 from Mr. Otis LaRoe was presented with the findings of the Planning Commission. 10 Page 224 i K ar N< K W. Se Hi Hr_ P1 CITY OF NEWPORT BEACH Volume 21 - Page 225 Index March 11. 1968 COUNCILMEN i A y p c m o r m ko o X Planning Director Ernest Mayer, Jr. reported on the findings of the Planning Commission. The following people spoke from the audience in favor of subject variance: Frank Russ, representing Mr. LaRoe; Fran Steigler, architect representing Mr. LaRoe; Bill Stevenson; Mrs. E. Bullock; Mrs. Arthur Kramer and Dr.. Washbon. The hearing was closed. Motion Ayes x x x x x Absent x The findings of the Planning Commission were sus- Motion tained and Variance No. 928 was denied. Ayes x x x x x Absent x 3. Mayor Gruber opened the public hearing regarding 29 Master Street and Highway Plan Amendments Nos. 14, tster Str 15 and 16: Hwy Plan iendrmlts Planning Commission Resolution No. 703 recom- ). 14, 15 mending Amendment No. 14, which would include 16 Fifth Avenue in the Master Plan from a point intersecting at Dahlia Avenue extending westerly to a point connecting with MacArthur Boulevard .fth Ave and extending easterly along the present alignment to Poppy Avenue and thence easterly and northerly across Buck Gully to a point of connection with the future arterial street to be located easterly of Cameo Highlands and which would be designated as a secondary arterial roadway; and Planning Commission Resolution No. 702 recom- cArthur mending Amendment No. 15, which would change the classification of MacArthur Boulevard between East Coast Highway and San Joaquin Hills Road to a primary road (4 lanes divided); and recom- n Joaquin lls Rd mending Amendment No. 16, which would change . the classification of Hospital Road and Placentia it-1 Rd Avenue between Superior Avenue and Newport acentia Ai Boulevard to a secondary road (4 lanes undivided). The findings of the Planning Commission dated March 11 were presented with a memorandum from the Public Works Department dated March 11, 1968. Gordon Jones, Director of Engineering for The Irvine Company, spoke from the audience. The hearing was closed. Motion x Ayes x x x x x Absent x Page 225 i X "7 M 2! K S_ N( F rl F. S C S H CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 226 s m o v w o n ...�... r.r r...a rr, r vv 11 1 l 1. 1111F, 6713 Resolution No. 6713, adopting Amendments Nos. 14, Motion x 15 and 16 to the Master Street and Highway Plan, was Roll Call: adopted after the reading of the resolution was waived Ayes x x x x t by unanimous consent of the Council. Absent x 1 Lster Plan 4. Mayor Gruber opened the public hearing regarding :rs & Hwys Master Street and Highway Plan Amendment No. 17. Planning Commission Resolution No. 705 recom- nendmnt mending a realignment of Ford Road and MacArthur >• 17 Boulevard in the Upper Harbor View Hills area. Findings of the Planning Commission dated March 11 - )rd Rd Were presented with a memorandum from the Public ;aligmmnt Works Department dated March 11, 1968. The hearing was closed. Motion Ayes x x x x r Absent x -6714 Resolution No. 6714, adopting Amendment No. 17 to Motion the Master Street and Highway Plan, was adopted after Roll Call: the reading of the resolution was waived by unanimous Ayes x ; x x X> consent of the Council. Absent x ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1244, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTIONS 12. 24. 045 and 163 12.24. 058 TO THE NEWPORT BEACH MUNICIPA peed Limit CODE RELATING TO PRIMA FACIE SPEED amPus Dr an Joaquin LIMITS, setting prima facie speed limits on Campus Drive, ills Road northbound between Palisades Road and MacArthur Boulevard at 45 miles per hour and on San Joaquin Hills Road at 50 miles per hour, was presented with memoranda from the Public Works Department dated March 11, 1968 regarding Campus Drive speed limit and San Joaquin Hills Road speed zoning. Ordinance No. 1244 was introduced and passed to Motion x second reading on March 25, 1968. Roll Call: Ayes x x x X: Absent x Page 226 i xi xi ;Ixl Pa PE Ha de Mi RE Ma RE 0 0i dr of 9. Me CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 227 s Index March 11, 1968 c N NfAF =� °z Z. Proposed Ordinance No. 1245, being, 110 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.44. 120 OF THE rking meter NEWPORT BEACH MUNICIPAL CODE RELATING rmits TO PARKING METER USE EXCEPTIONS, specifying that parking permits shall be displayed in windshields, was presented with a memorandum from the City Attorney dated March 7, 1968 regarding revision of parking meter policies. Ordinance No. 1245 was introduced and passed to Motion x second reading on March 25, 1968. Roll Call: Ayes x xx xxx Absent x CONTINUED BUSINESS: 24 1. A memorandum which had been presented on February rbor Dist. 26 from Vice Mayor Marshall dated February 26, 1968 annexan regarding report from the Harbors, Beaches and Parks Study Committee of the Orange County Division nority of the League of California Cities in connection with Port the Minority Committee Report, was considered. jority The Majority Report from the Harbors, Beaches and port Parks Study Committee of the Orange County Division of the League of California Cities was approved, and Motion x the Council representative at the League's Executive Ayes x x x x x x session on March 15 was directed to express the Absent x Council's approval. 6715 2• Resolution No. 6715, declaring opposition to offshore drilling operations for the extraction of oil or gas • and further declaring a policy of preservation and 111 protection of the tidelands area of Newport Beach for 1 well recreational purposes, was adopted after the reading Motion x illing of the resolution was waived by unanimous consent of . Roll Call: fshore the Council; and it was directed that copies be sent to Ayes x x x x x x the State Lands Commission, Assembly Committee on Absent x Public Utilities and Corporations, the State Senator, the State Assemblyman, the Board of Supervisors and all Orange County coastal cities. 164 3. Mayor Gruber stated that, as previously designated, he nexation nominated Councilman Parsons and Councilman Rogers tmdary as members of a Council committee for study of future rmnittee annexation boundaries in adjacent County areas, and Ray Y. Copelin as the Planning Commission member. Page 227 i St BE WE Q Ba Sr. CE R- Ea Sh R- Ne Be Te CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 228 A yyv c i c A,1AC;\001 � idex March 11, 1968 p^ r A a i xl xl xl xl The nominations made by Mayor Gruber were con- Motion firmed, and Councilman Lindsley Parsons, Chairman, Ayes x x x x x and Councilman Howard Rogers and Planning Com- Absent x missioner Ray Y. Copelin were appointed as members of an ad hoc Council annexation boundary committee. RESOLUTIONS FOR ADOPTION: 1. A memorandum was presented from the Public Works 113 Department dated March 11, 1968 regarding traffic op Signs control at intersection of Westminster Avenue, Beacon aeon, Street and North Newport Boulevard (sometimes called stminster Old Newport Boulevard), establishing stop controls on N. Npt the easterly approach of Beacon Street at Westminster Avenue, the northerly and westerly approaches of • Westminster Avenue at North Newport Boulevard and the channelized lane westerly of Westminster and opposite Beacon Street at Westminster Avenue. 6716 Resolution No. 6716, designating intersections at Motion x which vehicles are required to stop, was adopted after Roll Call: the reading of the resolution was waived by unanimous Ayes x x x x x consent of the Council. Absent x 114 2. A memorandum was presented from the Public Works yside Director dated March 11, 1968 regarding public opping utility easements in the Bayside Shopping Center. nter 6717 Resolution No. 6717, accepting a public utility ease- Motion x ment, was adopted after the reading of the resolution Roll Call: was waived by unanimous consent of the Council. Ayes + x x x x x Absent x 3. A memorandum was presented from the Public Works Director dated March 11, 1968 regarding public 115 utility easements in Eastbluff Shopping Center. stbluff 6718 6718 Resolution No. 6718, accepting a public utility ease- Motion x ment, was adopted after the reading of the resolution Roll Call: was waived by unanimous consent of the Council. Ayes x x x x x Absent x 116 4. A memorandum was presented from the Public Works wport Director dated March 11, 1968 regarding relinquish - ach nnis Club ment of access rights to the westerly side of Eastbluff Drive at the Newport Beach Tennis Club (Resubdivision No. 221). Resolution No. 6719, accepting a relinquishment of Motion x access rights, was adopted after the reading of the Roll Call: resolution was waived by unanimous consent of the Ayes x x x x x Council. Absent x Page 228 i xl xl xl xl ex March 11 117 Newport Du Park Beach Cing R -6720 Or. Co. agreemnt iikL nten- ance (joint R-6721 12 Election Municipal 1968 • 118 Off -street parking 503 32nd S- R -6722 agreement 15F Tract 6385 Salt Air Di R -6723 • Easement R-6724 Prkg permit 119 City Lots R -6725 121 Prkg fees City lots I� L CITY OF NEWPORT BEACH Volume 21 - Page 229 COUNCILMEN i O p O m oy�Opc+� 5. A memorandum was presented from the City Manager es dated March 7, 1968 regarding Agreement with Orange County for beach cleaning services. Resolution No. 6720, authorizing the execution of a joint exercise of powers agreement providing for the furnishing of beach cleaning service to the Newport Motion x Dunes Park, was adopted after the reading of the Roll Call: resolution was waived by unanimous consent of the Ayes x x x x x x Council. Absent x 6. Resolution No. 6721, ordering the canvass of the General Municipal Election to be held on the 9th day of Motion x April, 1968, to be made by the City Clerk, was Roll Call: adopted after the reading of the resolution was waived Ayes x x x x x x by unanimous consent of the Council. Absent x 7. A memorandum was presented from the City Attorney dated March 7, 1968 regarding an agreement between Earl G. Sawyer and Eleanor B. Sawyer, Griffith Company, and the City to provide off - street parking for the office building located at 503 32nd Street. i Resolution No. 6722, authorizing the execution of an Motion x off - street parking agreement, was adopted after the Roll Call: reading of the resolution was waived by unanimous Ayes x x x x x x consent of the Council. Absent x 8. A memorandum was presented from the Public Works Director dated March 11, 1968 regarding additional street right -of -way in Salt Air Drive, Tract 6385 (Harbor View Hills). Resolution No. 6723, accepting a Grant of Easement Motion x from The Irvine Company and Richard B. Smith, Inc., Roll Call: was adopted after the reading of the resolution was Ayes x x x x x x waived by unanimous consent of the Council. Absent x 9. Resolution No. 6724, establishing a parking permit s system for the use of parking spaces in City parking Motion x lots and in certain off - street parking meter zones, Roll Call: was adopted after the reading of the resolution was Ayes x x x x x x waived by unanimous consent of the Council. Absent x 10. Resolution No. 6725, establishing parking fees and Motion x regulations for the use of City parking lots, was Roll Call: adopted after the reading of the resolution was Ayes x x x x x x waived by unanimous consent of the Council. Absent x Page 229 .WiLdex Tra( M 15F 4 Tra( 622' (TN Npt cit} co" 4 Ele( Muni 1 AnnE No. UppE Vieo 4 CITY OF NEWPORT BEACH Volume 21 - Page 230 March 11_ 1969 COUNCILMEN 3 oy NA "`m A � CURRENT BUSINESS: 15F 1. A memorandum was presented from the Public Works :t 5741 Director dated March 11, 1968 regarding acceptance of remainder of improvements in Tract 5741 (Vista Dorado at Vista del Oro). nvenmt The remainder of the public improvements constructed in conjunction with Tract 5741 was accepted, and the Motion x City Clerk was authorized to release the Faithful Per- Ayes x x x x x x formance Bond and to release the Labor and Material Absent x Bond in six months provided no claims have been filed. (Ref. Section 11613, Subdivision Map Act.) 2. A memorandum was presented from the Public Works Director dated March 11, 1968 regarding acceptance ' of improvements in Tracts 5877 and 6227 (Vista :ts Bonita and Vista Baja, southwesterly of the Corona g 587 del Mar High School). Bluff ) The public improvements, constructed in conjunction with Tracts 5877 and 6227 were accepted, and the Motion x City Clerk was authorized to release the Faithful Ayes x x x x x x Performance Bond and to release the Labor and Absent x Material Bond in six months provided no claims have been filed. (Ref. Section 11612, Subdivision Map Act.) 120 3. As recommended by the Council Committee for Beach Appointment of Commissioners, Mrs. William Arts (Barbara) Stabler was reappointed for a three -year Motion x Lit-tee term beginning January 1, 1968, as a member of the Ayes x x x x x x Newport Beach City Arts Committee. Absent x 12 4. A memorandum was presented from the City Clerk ' dated March 11, 1968 regarding the Absent Voters Ballots Election Board for the April 9, 1968 General tions Municipal Election. cipal 968 The recommendations of the City Clerk were concurred in, and it was directed that the election officers who Motion x serve on the Absent Voters Ballots Election Board,be Ayes x x x x x x paid $7.00. Absent x 5. A memorandum was presented from the Planning 25F xation Director dated March 11, 1968 regarding the establish - 61 ment of a District Map (Upper Harbor View Hills area) r Harb, and the prezoning of said district as a Planned Com- Hills munity District. The City Attorney was instructed to prepare an ordi- Motion x nance prezoning subject property as a Planned Com- Ayes x x x x x x munity District and establishing a District Map. Absent x Page 230 HL 1V of C_ Su Li 140 Np Su As Cl. Hi' Sin He. An La re( CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 231 a o � 0 Jndpx Marrh 11. IQAR COMMUNICATIONS - REFERRALS: 122 1. A letter dated February 27, 1968 from Humble Oil & mble Oil Refining Company regarding Contract C -595 and re- ggr=t questing City's written consent to proposed assignment Oil Rgt and conveyance by Humble to Armstrong Petroleum 595 Corporation and the proposed assignment and convey- ance by Armstrong to G. E. Kadane & Sons and General Crude Oil Company of Texas of all of Humble's .(Contractor's) rights, privileges and obligations under said Contract with the City, was referred to the City Manager and City Attorney for review with the Motion x Technical Oil Advisory Committee to report back on Ayes x x x x x x March 25. Absent x �23 2. A letter dated February 29 from Gordon Connolly, President, Newport Beach Surfing Assn., stating that the Association would like to hold a single A class ffboard surfing contest for Orange County residents only at the Dense Newport Pier from 7:00 A. M. to 1:00 P.M. on ratorium Saturday and Sunday, March 30 and 31, 1968, and asking for a moratorium on surfboard licenses for L. Bch ding contestants for the two -day event, was presented with a memorandum from the City Manager dated March 11, sn. 1968. The above request was approved, subject to conditions Motion x recommended by the City Manager. Ayes x x x x x x _ Absent x ns DrigS 3. The City Clerk's referral of the following claims for Motion x damages to the insurance carrier was confirmed: Ayes :x x x x x x Absent x 124 (a) Summons and Complaint for Damages, Negligence, Inverse Condemnation and Injunction of Claranita B. Hixson, Robert M. Hixson, Robert M. Hixson, (son Jr., Simeon C. Hixson and Burt H. Hixson, Case No. 158565 in Superior Court. 126 (b) Summons and Complaint of LeRoy Smith and John _th C. Helton, M.D., Plaintiffs vs. Peter Petros, _ton John Doe Jesse, John Doe Lobess, City of New- port Beach and Does Ithrough X, inclusive, defendants, Case No. 158689 in Superior Court. 25F 4. A petition of La Canada residents of the County Corri- iexation dor expressing desire for annexation to the City of Motion x Canada Newport Beach was referred to the Planning Com- Ayes x x x x x x tuest mission. Absent x Page 231 h1dex _® 127 Topless 17F • Reach 20 • 128 Tidelands fee 130 protection system (EPS) 98 Sherington trfc & Drks • CITY OF NEWPORT BEACH Volume 21 - Page 232 March 11, 1968 5. A letter dated February 26, 1968 from City of Costa Mesa enclosing copy of resolution of that city urging the passage of certain state legislation providing for the right of cities to regulate topless waitresses and urging upon the Legislature an amendment which would authorize cities to prohibit topless entertainers, and asking that Newport Beach adopt and transmit a similar resolution to Assemblyman Biddle, was referred to the Urgent Pending Legislation Committee. ADDITIONAL BUSINESS: 1. The City staff was authorized to rent the necessary heavy equipment to fine grade the beach recently used as a borrow pit to replenish the West Newport beach erosion area, with the understanding that this may cost )n up to $2, 650. 00 and that such expenditure would eventually be financed by a transfer from the General Fund Unappropriated Contingency Reserve, and the City Manager was authorized to sign a purchase option if it appears to be in the City's best interest and no purchase obligation is incurred. COMMUNICATIONS - ADVISORY: 1. The following communications were ordered filed with the understanding that the Public Works Director would answer Item 1 and Item 4: (a) A letter dated February 23, 1968 from Newport Island Incorporated asking that the Newport Island bridge be replaced this year and that it be left where it is at 38th Street, also protesting the imposing of a tidelands use fee or tax or any other charge to waterfront property owners in the West Newport channels. (b) A letter dated February 22, 1968 from Harry A. Mann protesting consideration of a "Bay Frontage Tax. " (c) A letter dated February 20, 1968 from Ann A. Powell opposing the electronic protection system and enclosing a letter sent to her in care of The Newporter from Mrs. R. W. Pollak in support of E. P. S. (d) A letter dated February 23, 1968 from Dennis E. Carpenter of Duryea, Carpenter & Barnes, at- torneys, regarding widening of the "alley" behind the buildings facing on Westcliff Drive and Dover Drive. Page 232 Motion Ayes Absent Motion Ayes Absent Motion Ayes Absent COUNCILMEN xl xix x CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 233 March 11, 1968 (e) A letter dated March 1, 1968 from Mrs. Howard 129 D. Babb inviting Council to send a representative ';Idlife in to a meeting sponsored by the Orange County Group Jpper Bay Sierra Club, the Sea and Sage Audubon Society and the Orange Coast Civic Association; discussion to be Water Quality and Wildlife at Upper Newport Bay. (f) Annexations: 20 (1) A letter from the Local Agency Formation Commission dated March 5, 1968 regarding hearing March 13 on proposed annexation to the Costa Mesa Sanitary District designated as Engineer's No. 107. (2) A letter from the Local Agency Formation 20 Commission dated February 26, 1968 re- garding hearing March 13 on proposed annex- ation to the Orange County Sanitation District No. 7 designated as Kordes Annexation. (3) A letter from the Local Agency Formation 20 Commission dated February 26, 1968 re- garding hearing March 13 on proposed annex- ation to Sanitation District No. 7 designated as Portion of Block 45 of Irvine's Subdivision. (g) A letter from State Controller Houston I. Flournoy 20 showing estimated shared revenue to be appor- tioned to cities and counties during 1968 -69. 20 (h) Agenda for Board of Supervisor meetings held February 27, 28 and March 5 and 6, 1968. • (i) Legislative Bulletin dated February 16, 1968 from 45F the League of California Cities. 20 (j) Orange County Press Club Reporter for February. Mayor Gruber stated that the regularly scheduled Study Session for March 18, 1968 would not be held. Councilman Rogers made a motion to adjourn the meeting. ADDITIONAL ITEMS: 95 1. The Council reviewed a letter dated February 6, 1968 Olympics, from the City of Los Angeles regarding their reso- Sumner 1976 lution requesting to be selected to host the 1976 Summer Olympics. Page 233 Motion a� 0 ,z CITY OF NEWPORT BEACH COUNCILMEN Volume 21 - Page 234 p O InrIP% TR„ .,h 1 1 1Q($% ✓. f A -� Z -6726 Resolution No. 6726, supporting the City of Los Angele in its effort to be selected as the host city for the 1976 Motion x Summer Olympic Games, was adopted after the reading Roll Call: of the resolution was waived by unanimous consent of Ayes x x x x x x the Council. Absent x 2. Mr. Harry Woods spoke from the audience and re- 131 quested permission to use an electric car on the pier _ectric so he could go fishing and presented a letter from Dr. 1r on '_er John Unger which stated that Mr. Woods, because of physical reasons, would benefit from using an electric car. The City Manager was authorized to write a letter of Motion x permission to Mr. Woods. Ayes x x x x x x Absent x • A vote was taken on Councilman Rogers' motion, and the Ayes x x x x x x meeting was adjourned at 9:25 P.M. Absent x yor i ATTEST: c City Clerk/ • • Page 234 i