HomeMy WebLinkAbout01/13/1969 - Regular Meeting?ack -In-
ne -Box
Hyans
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Appeal
CITY OF NEWPORT BEACH
Volume 22 - Page 146
Minutes of REGULAR MEETING OF THE CITY COUNCIL
Date of Meeting: January 13, 1969
Time of Meeting: 7:30 P.M.
Place of Meeting: Council Chambers
COUNCILMEN
Roll Call:
Present
x
x
x
x
Mayor Marshall welcomed members of the Newport Harbor
Girl Scout Troop.
The reading of the Minutes of the Regular Meeting of
December.23, 1968 was waived, and said Minutes were
Motion
x
approved as written and ordered filed.
Ayes
x
x
x
x I
HEARINGS:
1. Mayor Marshall opened the public hearing regarding
the appeal of Thomas E. Hyans from the decision of
the Planning Commission granting Use Permit No.
1416 to Foodmaker, Inc. (Jack -In- The -Box) for
construction of a drive -in, take -out restaurant at
2000 West Balboa Boulevard, Zone C -1.
The findings of the Planning Commission were
presented with the following communications:
(a) Appeal letter of Thomas E. Hyans bearing twenty
signatures of residents and property owners re-
questing Council to rescind Use Permit 1416 and
setting forth eight reasons why they believed their
request should be granted.
(b) Letter from the Balboa Peninsula Point Associ-
ation opposing the proposed location of a Jack -In-
The -Box drive - through restaurant because of
traffic congestion.
(c) Letter from Mr. and Mrs. Morris Cusick, land-
owners at 229 -231 19th Street, opposing another
restaurant in the area.
(d) Letter from Ernest and Kathryn Ballif, owners of
property at 212 19th Street, opposing Use Permit
1416 because of traffic congestion, litter and
excessive noise.
The City Clerk stated that additional petitions bearing
sixty -eight signatures had been received in support of
Mr. Hyans' appeal letter, and also received were
letters from Elizabeth Powell and Edward C. Saunders
protesting subject Use Permit.
Acting Planning Director Daren Groth reported on the
findings of the Planning Commission. James E.
Erickson, attorney with the legal firm of Rutan and
Tucker introduced representatives of Foodmaker, Inc.
for presentation of the nature of the proposed operation
and architectural design: Robert Harvey, real estate
coordinator, presented photographs of the proposed
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CITY OF NEWPORT BEACH COUNCILMEN
Volume 22 - Page 147
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restaurant and of structures presently in the area;
David Jervis, architect, presented renderings of
architectural designs; and James Decker, manager of
the Wilbur Smith Associates' Los Angeles office,
discussed traffic in the area. City Traffic Engineer
Robert Jaffe and Police Chief Glavas presented staff
reports on traffic and traffic enforcement problems
related to the proposed operation. Thomas Hyans,
appellant, and Dale Warner spoke from the audience
in opposition to Use Permit 1416. Attorney Erickson
requested approval of the permit and also requested
a decision that evening.
Mayor Marshall declared the hearing closed with the
unanimous consent of the Council.
•
In the interest of the overall welfare and safety of the
citizens of Newport Beach, the decision of the Planning
Commission was overruled and Use Permit No. 1416
Motion
x
was denied.
Ayes
x
x
x
x
x
RECESS for five minutes was declared by Mayor Marshall.
The Council reconvened with all members present.
HEARINGS CONTINUED:
Z. Mayor Marshall opened the public hearing in connection
inex
with Ordinance No. 1289, being,
�. 62
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH REZONING PROPERTY AND AMENDING
DISTRICT MAPS NOS. 50, 53 AND 55,
Planning Commission Amendments 239 and 252 re-
zoning territory in Annexation No. 62 (Upper Harbor
View Hills - Phase II) from P -C, R -3 -B and Un-
classified Zones to a "Planned Community" District.
A memorandum was presented from the Acting Plan-
ning Director regarding Planned Community District
regulations.
No one desired to be heard.
Mayor Marshall closed the hearing with the unanimous
consent of the Council.
Ordinance No. 1289 was adopted after the reading of
Motion
x
the ordinance was waived by unanimous consent of
Roll Call:
the Council.
Ayes
x
x
x
x
x
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CITY OF NEWPORT BEACH COUNCILMEN
Volume 22 - Page 148
AmLr_'dex January 13, 1969
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3. Mayor Marshall opened the public hearing in connection
Annex
with Ordinance No. 1290, being,
No. 62
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH ADDING CERTAIN TERRITORY TO THE
SEVENTH DISTRICT OF THE CITY AND REVISIN
THE DESCRIPTION OF THE BOUNDARY LINES
OF COUNCILMANIC DISTRICT NUMBER SEVEN,
in connection with Annexation No. 62 (Upper Harbor
View Hills - Phase II).
No one desired to be heard.
Mayor Marshall closed the hearing with the unanimous
•
consent of the Council.
Ordinance No. 1290 was adopted after the reading of
Motion
x
the ordinance was waived by unanimous consent of the
Roll Call:
Council.
Ayes
x
x
x
x
ORDINANCES FOR ADOPTION:
1. Ordinance No. 1288, being,
Com'1
Zone Str
AN ORDINANCE OF THE CITY OF NEWPORT
Imprvmt/
BEACH AMENDING SECTION 13.05. 030 OF
Dedication
CHAPTER 13. 05, TITLE 13 OF THE NEWPORT
BEACH MUNICIPAL CODE RELATING TO
STREET IMPROVEMENTS AND DEDICATIONS,
adding a paragraph to the waiver procedure in con-
nection with the City Policy for Financing Capital
•
Improvements on Undeveloped Land within the City.
Ordinance No. 1288 was adopted after the reading of
Motion
x
the ordinance was waived by unanimous consent of the
Roll Call:
Council.
Aye s
x
x
x
x:
Mayor Marshall stated that due to the late hour and due to
the interest of the Girl Scout troop in the audience, with
the consent of the Council, Items 2 and 3 under Continued
Business of the agenda would be taken out of regular order
and would be considered at this time:
Memoranda were presented from the Public Works
Director regarding the proposed Newport Heights
alley paving special assessment district (Assessment
District No. 53) and proposed Harbor Highlands street
lighting special assessment district (Assessment
District No. 52).
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CITY OF NEWPORT BEACH
Volume 22 - Page 149
AlMd,ex January 13, 1969
COUNCILMEN
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Leslie Thomas and Debbie Goodspeed, members of
the Girl Scout troop of Newport Heights, spoke from
the audience regarding the condition of the alleys in
Newport Heights and requested that something be done.
The Public Works Director was directed to prepare a
Motion
x
'sessmnt
report on a proposed alley paving special assessment
Ayes
x
x
x
x
x
x
x
.st 53
district in Newport Heights and Balboa to be submitted
to the City Council on March 24; such report to con-
tain a description of the proposed assessment district,
a set of preliminary plans and an estimate of the total
cost.
The Public Works Director was directed to prepare a
Motion
x
;sessmnt
report on a proposed street lighting special assess-
Ayes
x
x
x
x
x
x
x
52
ment district in Harbor Highlands to be submitted to
the City Council on February 24; such report to con-
tain a description of proposed assessment district, a
set of preliminary plans and an estimate of the total
cost.
The regular order of the agenda was resumed.
CONSENT CALENDAR:
The following items were approved by one motion affirming
Motion
x
the actions on the Consent Calendar:
Roll Call:
Ayes
xxxxxxx
1. The following resolutions were adopted after the
reading of the resolutions was waived by unanimous
consent of the Council:
mboree
Resolution No. 6917 authorizing the execution of an
agreement with Lockheed Aircraft Corporation for the
construction of Jamboree Road between Palisades
.lisades/
Road and MacArthur Boulevard. (A report from the
icArthur
Public Works Director regarding Resolutions Nos.
:tension
6917 and 6918 was presented.)
nboree
Resolution No. 6918 accepting a Grant of Easement
ad
from Lockheed Aircraft Corporation to the City for
lisades/
street and highway purposes in connection with the
-Arthur
construction of Jamboree Road between Palisades
tension
Road and MacArthur Boulevard.
Resolution No. 6919 authorizing the Attorney General
:stern
of the State of California to settle and compromise
pe
certain anti -trust litigation with the American Pipe
ses
and Construction Company on behalf of the City of
Newport Beach. (A report from the City Attorney was
presented.)
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Volume 22 - Page 150
AJVdex January 13, 1969
iyakawa,
Resolution No. 6920 commending Dr. S. I. Hayakawa,
S. I.
Acting President of San Francisco State College.
Resolution No. 6921 authorizing execution of an agree -
disades
ment with the County of Orange to share the costs of
)ad
maintenance and operation of traffic control signals
-affic
at Palisades Road and Tustin Avenue and at Jamboree
finals
Road and Palisades Road. (A report from the Public
Works Department was presented.)
2. The City Manager's recommendation to continue em-
Lrbor
ployment of temporary clerical help for the City
>ordi.-
Harbor Coordinator was approved. (Reports from the
ator
City Manager and the City Harbor Coordinator were
presented.
3. A letter from the Orange County Beautification Com-
mittee requesting all cities in Orange County to plant
dif. Bi-
a special tree in 1969 to commemorate California's
ntennial
200th birthday was referred to the Parks, Beaches and
lebratior
Recreation Commission.
4. The City Clerk's referral of the following claims to
the insurance carrier was confirmed:
Claim of Gene W. Hehn for damages to his car alleged
:hn
ly caused when his car was involved in an accident
with a City vehicle.
Claim filed by Gerald L. Blakley, father, for Kevin
akley
James Blakley for injuries allegedly caused by faulty
playground equipment at a City park playground.
llantine
Claim of Mrs. David Ballantine for damages to
.
laundry on December 16 allegedly resulting from the
Fire Department hydrant testing.
5. The following Budget Amendments were approved:
fidget
nend-
C -38, $23,500 increase in Unappropriated Surplus and
nents
in Revenue Estimates for payment in full of $23, 500
from Theo R. Barben II for the purchase of Lot 15,
Block 227 (Old Lifeguard Headquarters at 2817 New-
port Boulevard) from Estimated Revenue, Sale of
Property, Capital Improvement Fund.
C -39, $2, 750 transfer of Budget Appropriations for
funds to continue employment of temporary clerical
help for the City Harbor Coordinator from January 15
to June 30, 1969 from Unappropriated Contingency
Reserve to City Manager- Administrative - Seasonal and
Part -Time, General Fund.
of
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CITY OF NEWPORT BEACH
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Index January 13, 1969
COUNCILMEN
6. The following applications for business licenses were
Z
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6. The following applications for business licenses were
Business
approved:
License
tlpplica=
Exempt, Lillian H. Corwin, 547 Wrightwood, Orange,
tions
door to door soliciting for Field Enterprises.
Exempt, Joanne F. Allee, 379 E. 23rd Street, New-
port Beach, door to door soliciting for Field Enter-
prises.
7. Councilman Howard Rogers' expense account for
Expense
attendance at California League of Cities conference
Accounts
in Los Angeles from October 13 to October 16, 1968
was approved.
Freeway &
8. A resolution from the California Highway Commission
•
restating procedure relative to adoption of freeway
locations by the California Highway Commission was
Express-
referred to the Council Freeway and Arterial Streets
way
Committee.
System
9. The following advisory communications were ordered
filed:
Invitation from the California State Chamber of Com-
merce to attend the 41st annual state -wide meeting of
the State Chamber of Commerce to be held in Sacra-
mento on January 16.
Notice of Application of Continental Bus System, Inc.,
American Bus Lines, Inc., and Continental Passenger
Lines before the Public Utilities Commission to in-
crease one -way and round -trip intra -state passenger
fees.
•
Resolution of the city of Chino urging legislators of
the United States and State of California to control the
entrance of minors into Mexico and the narcotics,
marijuana and dangerous drug problem in California.
Resolution of the city of Upland applauding the efforts
of the Acting President of San Francisco State College
and resolution of the city of Stanton commending the
stand of Dr. S. I. Hayakawa in his administration of
San Francisco State College and urging all those in
academic authority to give full support to the Acting
President of San Francisco State College.
Agenda of the Board of Supervisors meetings held
December 24, 26, 31, 1968, January 2, 7 and 8, 1969.
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Index January 13, 1969
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Notice of Local Agency Formation Commission
kFCO
hearing to be held January 8 on the proposed annex -
.g
ation to the City of Costa Mesa designated Country
untry
Club North Annexation, located immediately easterly
ub North
of Newport Boulevard. (A report from the City
Manager was presented.)
CONTINUED BUSINESS:
1. The following Civic' Center matters were presented and
considered:
(a) A report from Economic Research Associates on
Vic
the advantages and disadvantages to the City in
nter
having the County municipal court building become
•
part of its municipal center.
(b) A proposal to County Board of Supervisors setting
forth the advantages of the Newport Center site
for the Harbor Judicial District Courts.
(c) An appraisal report from Cedric A. White, M.A.I.
regarding the present Civic Center site and the
proposed Newport Center site.
James McDonald spoke from the audience relative to
the present City Hall site.
The proposal to the Orange County Board of Super-
visors as prepared and submitted by Economic Re-
Motion
x
search Associates was approved.
Ayes
x
x
x
x
Resolution No. 6922, expressing intentions relative to
•
development of a Civic Center complex in Newport
Center and urging the Board of Supervisors of Orange
County to select Newport Center as the site for the
proposed municipal court facility for the Newport
Harbor Judicial District, as amended, was adopted
Motion
x
after the reading of the resolution was waived by
Roll Call:
unanimous consent of the Council.
Ayes
x
x
x
x
The Civic Center Negotiating Committee was author-
ized to proceed with negotiations with The Irvine Com-
Motion
x
pany on the basis of the appraiser4s report.
Ayes
x
x
x
x
Items 2 and 3 were taken up immediately following the
Ordinance for Adoption.
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CURRENT BUSINESS:
1. A memorandum was presented from the City Attorney
)range
concerning procedure for City representation before
,ounty
the Civil Aeronautics Board hearing in connection with
airport
expanded airline operations at Orange County Airport.
)peration
)evelop-
The matter was referred to the Air Traffic Advisory
Motion
I
ment
Committee for a report back at the next Council
Ayes
x
x I
meeting.
)range
2. A letter from the Orange County. Press Club requesting
;ounty
the City of Newport Beach to be represented among
?ress Club
advertisers in the Orange County Press Club yearbook
Motion
A
"Add One, " was denied.
Ayes
x
x h
•
HARBOR PERMITS:
1. A notice from the Bay Island Club regarding possible
ierHalen,
revocation of C. J. VerHalen's Harbor Permit No.
;. J.
A -800 was presented with a letter from Peter C.
VerHalen representing his father, C. J. VerHalen,
stating that since neither he nor his father is familiar
with the administrative procedure which is being in-
voked by the Bay Island Club, he requests a 60 -day
delay in the consideration of the matter by the City
Council.
The matter was referred to the City Harbor Coordi.-
Motion
nator for subsequent report.
Ayes
x
x N
ADDITIONAL BUSINESS:
1. Permanent loan of nine City flags to the Newport
Motion
i flag
Harbor High School band was approved.
Ayes
x
x x
Z. A letter was presented from Marion McDonald sub -
'B &R
mitting her resignation from the Parks, Beaches and
;omsn
Recreation Commission as she is moving to Sacra-
mento.
Mrs. McDonald's resignation was accepted with regret
Motion
x
and the Council expressed appreciation and com-
Ayes
x
x x
mendation for her years of service with the City.
The matter of appointing a replacement to fill Marion
McDonald's unexpired term was referred to the
Motion
x
Appointments Committee.
Ayes
x
x x
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3. A letter from James W. Peyton, president of the New -
iified
port -Mesa Unified School District Board of Education,
hool
inviting members of the Newport Beach City Council to
strict
meet with the Costa Mesa City Council and the Board
of Education on January 14, and stating that a reso-
lution from the two city councils in support of the
school bond election scheduled for February 11, 1969
would be most helpful at this time.
Mr. Peyton's letter was received and the invitation
was accepted to attend this joint meeting with the Cost
Mesa Council and the Board of Education for discus-
sion of the coming bond issues and for the purpose of
passing a resolution in support of the school bond
Motion
issue.
Ayes
x
x:
.
Vice Mayor Parsons stated that due to a previous com-
mitment, he would be unable to be present at the
meeting, however, he personally endorsed the reso-
lution supporting the school bond issue.
The meeting was adjourned at 10:30 P. M. to 7:30 P. M. ,
Motion
January 14, 1969, at the Costa Mesa High School Lyceum.
Ayes
x
x:
a.Y Y �11111L'�Q,�jk
Y o
ATTEST:
.
City Cl Ark
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