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HomeMy WebLinkAbout09/08/1969 - Regular MeetingCOUNCILMEN 0\07 CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. MINUTES PALL CALL 1 N1M�\fI\i k Date: September 8, 1969 Present x x x x x x x Roll Call: • The reading of the Minutes of the Regular Meeting of Motion x August 25, 1969 was waived and said Minutes were ap- Ayes xxxxxxx proved as written and ordered filed. HEARINGS: 1. Mayor Marshall opened the public hearing regarding C; the appeal of Robert S. Callender from the decision A: of the Planning Commission denying Resubdivision Application No. 266 which requests division of an R -1 lot into 2 parcels (both of which would have less area than required by ordinance); Lot 512 and south- easterly 200 feet of Lot 511, Tract 907, located at • 544 Via Lido Nord, north side of Via Lido Nord be- tween Via Nice and Via Orvieto. A report from the Planning Director regarding the findings of the Planning Commission was presented with a letter from Robert S. Barnes, attorney for appellant. The City Clerk stated that a letter had been received • that day from the Lido Isle Community Association disapproving the division of subject property into two building sites. Planning Director Larry Wilson gave a staff report. Dennis Carpenter, attorney representing Mr. Callen- der in the absence of Attorney Barnes, spoke from the audience. • Arthur Strock, attorney representing the Lido Isle Community Association, and Dana Latham, member of the Board of Directors of the Lido Isle Community Association, spoke from the audience opposing sub- ject resubdivision. No one else desired to be heard. Mayor Marshall closed the hearing with the unanimous consent of the Council. Motion x The decision of the Planning Commission was sus - Ayes x x x I N JA > tained, and Resubdivision Application No. 266 was denied. • • Volume 23 - Page 49 INDEX allende r ppe al COUNCILMEN CITY OF NEWPORT BEACH MINUTES QQ,L CALL s^ oy = v September 8, 1969 INDEX Z. Mayor Marshall opened the public hearing regarding Fay • the appeal of Leroy E. and Ruth M. Fay from the Appeal decision of the Planning Commission denying Modifi- cation Application No. 94 requesting addition of an additional unit to an existing triplex that is non- conforming due to stairway in the side yard and due to the fact that the garage would be substandard (32 feet wide instead of 36 feet side), located at 233 Carnation Avenue on the westerly side of Carnation Avenue between Seaview Avenue and Ocean Boulevard, Zoned R -3. A letter from Donald D. Harwood, attorney repre- senting the appellants, requesting that the hearing be continued to October 13, was presented. • Motion x The public hearing was continued to October 13, 1969. Ayes xxxxxx 3. Mayor Marshall opened the public hearing in con- Dist Mape nection with Ordinance No. 1311, being, 50, 52 & 3 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAPS NOS. 50, 5Z AND 32, • Planning Commission Amendment 258, rezoning property of The Irvine Company located at the north- east corner of San Joaquin Hills Road and MacArthur Boulevard from an R -3 -B District to a C -O -H Dis- trict, and property located on the south side of San Joaquin Hills Road between Crown Drive North and Marguerite Avenue from a C -N -H District to an R -3 -B District. • be heard. No one desired to Mayor Marshall closed the hearing with the unanimous consent of the Council. Motion x Ordinance No. 1311 was adopted. Ayes xxxxxx 4. Mayor Marshall opened the public hearing in con- Dist Map nection with Ordinance No. 1312, being, 24 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 24, • Planning Commission Amendment 259, rezoning of The Irvine Company located southerly of property • Volume 23 - Page 50 COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROLL CALL \`"_ \ % \� �"" beptember 6, tyby INDEX • Bayside Drive, southeast of the intersection of El Paseo and Bayside Drive, from a C -1 -H District to • an Unclassified District. No one desired to be heard. Mayor Marshall closed the hearing with the unanimous. consent of the Council. Motion x Ordinance No. 1312 was adopted. Ayes xxxxxxx ORDINANCES FOR ADOPTION: 1. Ordinance No. 1310, being, Ambulanc Regs • AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 5.14 TO TITLE 5 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO REGULATING THE USE AND OPERATION OF AMBULANCES, was presented for second reading. Motion x Vice Mayor Parsons made a motion to amend Ordi- nance No. 1310 to provide for Council review of rate • structures, and to continue the second reading to September 22. Dan Wadsack, General Manager for Seal's Ambulance Service, read a prepared statement opposing the requirement that ambulance attendants must be at least twenty -one years of age and also opposing the $15 application fee. • Ayes XXXXXXN A vote was taken on Vice Mayor Parsons' motion, and amended Ordinance No. 1310 was set for second reading on September 22, 1969. ORDINANCES FOR INTRODUCTION: 1. Ordinance No. 1313, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 10. 18 OF THE NEWPORT BEACH MUNICIPAL CODE RELATIN TO FORTUNE TELLING AND SIMILAR ARTS, deleting the prohibition of teaching or giving instruc- tions in any of the enumerated activities, was pre- sented with a report from the City Attorney. • Volume 23 - Page 51 COUNCILMEN v ROLL CALL\O OAX CITY OF NEWPORT BEACH September 8, 1969 MINUTES INDEX lu_ff- :e W Motion x Ordinance No. 1313 was introduced and passed to • Ayes x x x x x x x second reading on September 22, 1969. CONSENT CALENDAR: Motion x The following items were approved by one motion affirm - Ayes x x x x x x x ing the actions on the Consent Calendar: 1. The following advisory communications were ordered filed: Letter addressed to Mayor Marshall from H. W. The R Linton, President of the Bluffs Homeowners Associ- Privai ation, regarding police protection and traffic problems Street at the Bluffs. (See Additional Business Item No. 3) • Letter from the California Highway Commission Npt Fi stating that at its July meeting, it adopted a freeway routing of State Highway 55 in the cities of Newport Beach and Costa Mesa and in the County of Orange, between Route 1 Freeway and Bay Street, with an attached copy of the Commission's Report on Adoption of Highway Location. Copy of a letter addressed to the Orange County Board • of Supervisors from Jerome and Zelta Robinson re- garding the noise and dirt created by aircraft at the Orange County Airport and by helicopters at the Newporter Inn. Letter from the California Council on Intergovern- mental Relations enclosing a copy of a policy state- ment and a background paper concerning regional organization which was recently adopted by the CIR. • Letter addressed to the City Clerk from the Adminis- trative Assistant to Senator George Murphy enclosing copies of letters from the National Park Service and the Bureau of Outdoor Recreation regarding public use of beaches and shoreline. Resolution from the City of San Clemente expressing sincere commendation and appreciation to the agencies and participating personnel thereof for their willing response and invaluable assistance during the August 17, 1969 anti -war demonstration in San Clemente. Letter from the City of San Clemente acknowledging • letter and resolution from the City of Eewport Beach expressing objections to recent efforts to enact State • Volume 23 - Page 52 lu_ff- :e W COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROLL CALL E 2 9 September 8, 1969 INDEX • legislation which would mandate cities to provide expensive new employee benefits at City expense and • enclosing copy of San Clemente "s similar resolution; letter from the City of Orange regarding the City of Newport Beach's resolution and stating that its City Council had already acted on a similar resolution; and letter from the City of Stanton acknowledging receipt of Newport Beach's resolution and stating that its Council adopted a similar resolution. Resolution of the City of San Clemente protesting the expenditure of funds to implement the Orange County General Planning Program as set forth in the Program Design Project Report (Parts 1 and 2), dated June 3, 1969. • Resolution of the City of Redondo Beach requesting the Resolution Committee of the League of California Cities to submit a resolution to the League's annual convention opposing any change in the current tax exemption on state and local government bond interest. Notice from Greyhound Lines -West of application to Public Utilities Commission to increase its passenger bus fares and its package express charges by 8.75 %. • Application of Los Angeles Airways, Inc. before the Public Utilities Commission for an increase of inter- state air charter rates, and PUC's Opinion and Order stating that good cause did not appear why the Com- mission should exercise its power under the Consti- tution to require air carriers to file tariffs of their rates and charges for air charter service, therefore the application was dismissed. • Agenda of the Orange County Board of Supervisors meetings held August 26, 27, September 2 and 3, 1969. Notice of Public Utilities Commission prehearing Or Co conference on September 18 in the matter of appli- Airport cations of Pacific Southwest Airlines and Air Cali- Facilities fornia for extended services. Expansion Policy 2. The following communications were referred as in- dicated: Referred to staff for reply, letter from Mr. and Mrs. J. Barnings, Downey, California, asking if something can be done to improve the condition of the beach near • 49th Street. . Volume 23 - Page 53 COUNCILMEN ROLL CALL \�COZE CITY OF NEWPORT BEACH September 8, 1969 MINUTES INDEX 0 Referred to staff for study, letter from Howard L. Balboa Hall, 620 W. Balboa Boulevard, Balboa, listing seven Peninsula proposals for study in improving Balboa and related Improve - areas. ments. Referred to City Attorney for appropriate action, petition from Perry Keith Osborn, Chino Reception Center, to the Newport Beach Municipal Court to provide him with a speedy and public trial. Referred to the Pending Legislation Committee, reso- lution of the City of Commerce urging adoption by the United States Congress of the Controlled Dangerous Substances Act of 1969. Referred to the Pending Legislation Committee, letter from the Fullerton Chamber of Commerce opposing proposed Orange County Sanitation District ordinance (revised draft 8 -6 -69) regarding industrial waste disposal. 3. The following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: Resolution No. 7060 declaring that weeds and other Weed • public nuisances exist upon streets, alleys, sidewalks, Abatement parkways, and private property within the City, Fall 1969 declaring that said weeds and public nuisances must be abated, setting the time and place for a public hearing at which the City Council will consider pro- tests from persons objecting to the proposed destruc- tion 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 public hearing for 7:30 P.M., September 22, 1969 for the 1969 Weed Abatement (Fall) Program. Resolution No. 7061 finding and determining that the Fire public interest and necessity require the acquisition Station of certain real property at Jamboree Road and Santa Site Barbara Drive for use as the site for the Newport Center Fire Station, and authorizing and directing the City Attorney to commence an eminent domain action to acquire said property. (A report from the Acting City Manager was presented. ) Resolution No. 7062 requesting financial aid from the Lifeguard County of Orange to pay for lifeguard service on City Services beaches and authorizing the execution of an agreement therefor. . Volume 23 - Page 54 COUNCILMEN '0 ROLL CALL \� CITY OF NEWPORT BEACH September 8, ,1969 MINUTES INDEX • Resolution No. 7063 designating intersections at which Stop sil vehicles are required to stop and directing the Traffic oldenr • Engineer to erect necessary stop signs on Goldenrod Harbor at Harbor View. (A report from the Traffic Engineer View was presented.) Resolution No, 7064 authorizing execution of a Quit- Eastblu claim Deed to The Irvine Company, releasing the Water City's interest in an easement for water line facilities Booster at the Eastbluff Water Booster Station, over the south- Station easterly corner of Lot 112, Tract 4893. (A report from the Public Works Director was presented.) 4. The plans and specifications were approved for Street Street Reconstruction 1969 -70, Concrete Repairs and Re- Recon- surfacing, Contract No. 1240, and the City Clerk was structi authorized to advertise for bids to be opened at 1969 -7( • 10:00 A, M, on October 7, 1969. (A report from the (Concr Public Works Director was presented.) Repairi 5. The plans and specifications were approved for the Jambox Jamboree Median Island Water Services and Sprinkler Road System, Contract No, 1225, and the City Clerk was Median authorized to advertise for bids to be opened at Land - 10:00 A. M. on October 6, 1969. (A report from the scapin Public Works Director was presented.) • 6. The public improvements were accepted in Tract 6621 Tract 6 Tract 6622 and a portion of Ford Road included in Tract 6 Tract 6621, Upper Harbor View Hills, located southerly of Ford Road and easterly of existing Mac- Arthur Boulevard, and the City Clerk was authorized to release the Faithful Performance Bonds and to re- lease the Labor and Materials Bonds in six months provided no claims have been filed (Reference Section • 11612, Subdivision Map Act). (A report from the Public Works Director was presented,) 7. The City Manager was authorized to sign a Letter of Fire Intent to purchase one new Mack fire truck with a Dept 1250 gallon per minute pumper from the firm of Eqpmt Mack Fire Trucks, Inc., and a Letter of Intent to purchase one new 75 -foot aerial platform from the firm of Crown Firecoach. (A report from the Acting City Manager was presented.) 8. Amendments to the Civic Center site agreement, ap- Civic proved by Council on May 26, 1969 with The Irvine Center Company, were approved in accordance with recom- mendations of the Council Civic Center Negotiating Committee. (A report from the Civic Center Negoti- • ating Committee was presented. ) • Volume 23 - Page 55 ;ns od/ .ff .on 3) lee ,62 ,6-/, COUNCILMEN \\\ \\\\°\ CITY OF NEWPORT BEACH MINUTES TOLL CALL � \ \\ September 8, 1969 INDI 9. The following business license applications were ap- proved: West -Ways Rental Company, 2435 East Coast High- way, Corona del Mar, requesting permission to engage in an auto rental business. Tom Sharp Union Oil Service, 2201 East Coast High- way, Corona del Mar, requesting permission to engage in an auto rental business in conjunction with the service station. Dale E. Whited, 1442 Gardenia, Long Beach, re- questing permission to solicit door to door for Mobile Vacuum Service. 10. The following Budget Amendments were approved: BA -23, $9, 087 transfer of Budget Appropriations for additional funds for completion of Seal Coating project (C -1237) per low bid from R. W. McClellan & Sons as recommended by City Council on August 25, 1969, from Unappropriated Contingency Reserve to Street and Alley Seal Coating, General Fund. B -24, $615 for purchase of record storage shelving . and safety ladder for City Clerk's office, from Un- appropriated Contingency Reserve to City Clerk, Furniture and Fixtures, General Fund. (A report from the Acting City Manager was presented, ) BA -25, $1, 200 transfer of Budget Appropriations to provide architectural services for plans and specifi- cations for concession building in Public Service Area No. 2 at Corona del Mar State and City Beach Park, . from Unappropriated Contingency Reserve, General Fund to PB &R -Administrative, Services- Professional, Technical, etc., P &R Fund. (A report from the Acting City Manager -vas presented.) BA -27, $1, 780 increase in Budget Appropriations for engineering services for the improvement of Irvine/ Tustin Avenue in compliance with the City Council authorization that City Manager execute modification agreement, from Unappropriated Surplus, to Improve- ment Irvine and Tustin, State Gas Tax Fund. BA -28, $1, 700 increase in Budget Appropriations and decrease in Unappropriated Surplus for engineering services for the improvement of Irvine /Tustin Avenue in compliance with City Council authorization that City Manager execute modification agreement, from Un- Volume 23 - Page 56 °_X COUNCILMEN ROLL CALLL CITY OF NEWPORT BEACH September 8. 1969 MINUTES IN11FY appropriated Surplus, to Improvement Irvine and Tustin, Gas Tax Contribution Fund. (A report from • the Public Works Director was presented.) ITEMS REMOVED FROM THE CONSENT CALENDAR: Motion x 1. The following Budget Amendment was approved: Ayes x X x BA -26, $203,600 net increase in Unappropriated Fire Surplus, being a decrease in Budget Appropriations Station for construction of fire station at Jamboree and Site Palisades and an increase in Budget Appropriations for acquisition of site for fire station at Jamboree and Palisades; $350, 000 from Budget Appropriations, Construction Fire Station - Jamboree & Palisades; $146, 400 to Budget Appropriations, Acquisition Fire • Station Site- Jamboree & Palisades, Building Excise Tax Fund. Motion x 2. The following letter was referred to the Freeway Ayes x x x x x x x Committee: Orange Frwy Letter from the Newport Shores Community Associ- ation stating that its official position is unalterable opposition to any extension of the Orange Freeway • (Route 57) which would result in (1) the permanent elimination of economic and physical feasibility for development of the proposed Genoa Bay residential marina, (2) the loss of any recreational value of the lower Santa Ana River, the Greenville- Banning Channel and the Newport slough, and (3) the effective alienation of the entire community from practical use of the ocean front. • CONTINUED BUSINESS: 1. The matter regarding authorization for the City City Mgr. Motion x Manager to enter into certain contracts was postponed Ayes x x x x x x x to September 22, 1969. Z. A report from the City Attorney on legal issues in Upper Npt Upper Bay litigation was ordered filed. Bay Land Exchg 3. A report was presented from the Harbor and Tide- lands Administrator on small boat launching ramp at 26th /Rhine 26th Street end. Street End Harbor and Tidelands Administrator George Dawes • gave a staff report. • Volume 23 - Page 57: COUNCILMEN 9 �� ROLL CALL \% CITY OF NEWPORT BEACH Sentember 8_ 1969 MINUTES INDEX Blackie Gadarian, Blackie's Boat Yard, spoke from • the audience and urged that the area be restricted to launching small, hand- carried boats only. Motion x Action was deferred on the City's participation in the Ayes xxxxxxx bulkheading of the street end pending a satisfactory arrangement with Noel Singer, and,. in the interim, the staff was directed to appropriately fence the seven foot section between the existing wood bulkhead and the tidegate valve easement so as to fence off all but six feet of the launching ramp and to reword the signs to be more specific as to size of boats and methods by which they can be launched. CURRENT BUSINESS: • 1. A report was presented from the :Public Works Tr 6565 Director regarding agreement for future sewage dis- posal facilities for Tentative Tract 6565. Resolution No. 7065, authorizing execution of an R -7065 agreement with Newport Hills, Inc., Developer, and The Irvine Company, Guarantor, for the construction of a sewer pump station in connection with Tract 6565, otion &M x was adopted after the reading of the resolution was Ayes xxxxxxx waived by unanimous consent of the Council. Z. A letter from Wayne E. Schaefer submitting sketch of Aldean F proposed landscaping of cul -de -sac on Aldean Place, Land - requesting permission to install proposed planter in scapin� accordance with the City's Building and Safety Code, stating that the primary purpose of the project was to beautify the cul -de -sac portion and that his consul- tations with other residents of the area indicated this would be a definite asset to the beautification of their street and further stating that he would be responsible for the installation and follow -up maintenance, was Motion x referred to staff for full study by all departments Ayes xxxxxxx concerned and for report back to Council. 3. A report was presented from the Harbor and Tide- Water lands Administrator regarding recommended state - Quality ment of the City of Newport Beach before the Santa Control/ Ana River Bamin Regional Water Quality Control Solid Board at the public hearing on September 19, 1969. Waste Manage- Motion x The recommended statement was approved, and the ment Ayes xxxxxxx Harbor and Tidelands Administrator was authorized to present the statement to the Water Quality Control Board at the September 19 hearing. • Volume 23 - Page 58 COUNCILMEN ROLL CALL \ %X \1r A03 CITY OF NEWPORT BEACH MINUTES September 8. 1969 INDEX Is ng � Ins :e :ion 4. A report was presented from the Acting City Manager Recor< • regarding records management consulting services. Mgmt Motion x The City Manager was authorized to sign an agreement Ayes x x x x x x x with TRW Systems, Inc., in the amount of $17, 029, for Phase III of on -going records management pro gram. HARBOR PERMITS: 1. A report was presented from the Harbor and Tidelands Mott Administrator regarding Harbor Permit Application No. 225 -1510 of Mr, and Mrs. Mott to construct a pier, ramp and float bayward of 1510 South Bay Front. At the request of Mr. and Mrs. Mott, the application • Motion x was temporarily withdrawn, and said application was Ayes x x x x x x x ordered filed. ADDITIONAL BUSINESS: 1. A petition addressed to Councilman McInnis from 35th Street Street residents proposing a bi- monthly street Cleani cleaning program was presented. • Motion x The proposed recommendations were referred to staff Ayes x x x x x x x for implementation and for consideration of the possi- bility of its being a pilot project for use in other parts of the City where similar conditions exist. 2. Resolution No. 7066, authorizing the execution of an Balboa off -site parking agreement in connection with Use Off -sit Permit No. 1443 between The Irvine Company and the Prkg Balboa Insurance Company, a subsidiary of Seaboard R -7061 • Motion x Management Co., was adopted after the reading of Ayes xxxxxxx the resolution was waived by unanimous consent of the Council. 3. A staff report regarding recommendations for Vehicle Bluffs Code enforcement and dedication of private streets in Privat Motion x the Bluffs was approved, and the staff was instructed Streeti Ayes to proceed with said recommendations. Motion x 4. Mayor Marshall's nominations were confirmed, and BBC Ayes xxxxxxx Vice Mayor Parsons, Councilman Gruber and Mayor Lease Marshall were appointed as members of the Balboa ExtenE Bay Club Lease Extension Review Committee. Cmte • Volume 23 - Page 59 Is ng � Ins :e :ion COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROLL CALL "�oZh��C =�9 September 8, 1969 INDEX Motion x 5. The City Attorney's office was authorized to attend Or Co • Ayes x x x x x x x the Public Utilities Commission pre- hearing confer- ence to be held in San Francisco on September 18 in Airport PSA /Air the matter of applications of Pacific Southwest Airlines Calif and Air California for extended services out of Orange County Airport. 6. A letter from the Opinion Research of California Newport regarding an amendment to the agreement with the Tomorrow City for a public opinion survey in connection with Newport Tomorrow, was presented. Motion x The recommended amendment, as stated in subject Ayes x x x x x x x letter, was approved. Mayor Marshall stated that the regularly scheduled Study Session for September 15, 1969 would not be held, but an Adjourned Meeting with the Planning Commission would be held instead. Motion x The meeting was adjourned at 10:05 P.M. to 7:30 P.M., Ayes x x x x x x x September 15, 1969 for a joint meeting with the Planning Commission to be held at the Mariners Multipurpose Room • Mayor ATTEST: Qo City Clerk • • • Volume 23 - Page 60