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HomeMy WebLinkAbout05/25/1970 - Regular MeetingCOUNCILMEN CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P. M. Date: May 25, 1970 MINUTES INDEX IIV LL Vf1LL *resent xxxxxxx Roll Call. The reading of the Minutes of the Regular Meeting of Wotion x May 1 1 , 1970 was waived, and said Minutes were ap- Ayes x x x x x x x proved as written and ordered filed. HEARINGS: 1. Mayor Hirth opened the public hearing regarding Moeckli, the appeal of Bruno H. Moeckli and Hermann O. Figge Figge, co- owners of The Gallery, from the decision Appeal of the Planning Commission denying Use Permit Application No. 1475 to permit live entertainment in a bar located within 200 feet of a residential district, Lot 10, Block 11, Balboa Tract, located at 810 E. Balboa Boulevard, on the north side of East Balboa Boulevard, between "A" Street and • Main Street. A report from the Planning Director regarding the findings of the Planning Commission was presented with petitions bearing 723 signatures (293 from other cities and states, 216 from. outlying areas of Newport Beach and many with street name either illegible or not indicated and with no city indicated) stating that signers had no objection to live enter- tainment at The Gallery. . Planning Director Larry Wilson reported on the findings of the Planning Commission. The following people spoke from the audience in favor of live entertainment at The Gallery: J. D. Saint, Dr. Robert Andrews, Don Elder and Bill Rand. • Mrs. Gilliland spoke against live entertainment. The hearing was closed with the unanimous consent of the Council. Motion x The decision of the Planning Commission was over - Ayes xxxxxxx ruled, and The Gallery was granted permission to have live entertainment for a trial period of ninety days, at which time the matter will come back to Council for review. Volume 24 - Page 110 COUNCILMEN 3'f <Pp Pnp O v :JLL CALL '^ CITY OF NEWPORT Mau 2F. 1970 BEACH MINUTES INDEX ' 2. Mayor Hirth opened the public hearing to hear Irvine Ave protests from property owners on Irvine Avenue Widening/ • who had been notified to construct driveway approaches and curb and gutter adjacent to their 15th -16th property in conjunction with Irvine Avenue widening, 15th Street to 16th Street. A report was presented from the Public Works Director. Norma Souder spoke from the audience opposing the widening of Irvine Avenue. The hearing was closed with the unanimous consent of the Council. The Notices to Construct posted Dn May 6, 1970 x were confirmed and the staff was ordered to 6otion es x x x x x x x construct, at the property owners' expense, any of the listed improvements not commenced by July 6, 1970. 3. Mayor Hirth, with the unanimous consent of the Bayside Dr Council, opened the combined public hearing in Realign - connection with Master Plan Amendment No. 25 ment which proposes to amend the Master Street and Highway Plan by realigning Bayside Drive between East Coast Highway and Jamboree Road (Marine Avenue), and also to close a section of existing Bayside Drive westerly of Jamboree Road (Marine Avenue), with the public hearing in-accordance with Resolution No. 7163, being a resolution of the City Bayside Dr Council of the City of Newport Beach declaring its Vacation intention to order the closing up, vacation and abandonment of a portion of a certain street known as Bayside Drive, in connection with Promontory Bay. Also presented for consideration at this time out of agenda order, with the unanimous consent of the Council, were Items F -3 and F-4-as follows: F -3. Tract 3867 (Promontory Bay), a subdivision Tr 3867/ of 24. Ot acres into 62 residential lots and Promon- Lot A reserved for waterway purposes, Lot B tory reserved for planted area, Lot C reserved Bay 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. • • Volume 24 - Page 111 COUNCILMEN 3f�io Pn�0O9 *LL CALL m CITY OF NEWPORT BEACH May 25, 1970 MINUTES INDEX • F -4. Use Permit 1466 requesting permission to UP 1466/ develop residential area of single family Promon- . dwelling units and supporting recreational facilities to include a yacht basin and marina tory Bay (Promontory Bay). Cedric A. White, Jr., M.A. I. reported on the economic impact of proposed Promontory Point development. Larry Wilson reported on the findings of the Planning Commission. The following people spoke from the audience- Da vid Kaylor of The Irvine Company; Harry Westover, attorney for the Balboa Yacht Basin op- posing the abandonment of Bayside Drive; Tom Houston of the Balboa Island Improvement Association otion x The hearing was continued to June 8, and the City es x x x x x x x Attorney was directed to prepare and bring to Council a Save and Hold Harmless Agreement for attachment to the Bayside Drive -abandonment and;n - realignment. RECESS was called for ten'minutes. Council reconvened with all members present. . ORDINANCES FOR ADOPTION: 1. Ordinance No. 1337, being, Horses on Beaches AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 7.06 TO TITLE 7 OF THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "HORSES PROHIBITED ON BEACHES, " was presented for second reading. Potion x Ordinance No. 1337 was adopted after the reading of Ayes x x x x x x x the ordinance was waived by unanimous consent of the Council. ORDINANCES FOR INTRODUCTION 1. Proposed 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, was presented with a report from the Parks, Beaches and Recreation Commission. ' Volume 24 - Page 112 COUNCILMEN �t�P °Snoq 9 tU, $ ROLL CALL co Aye • • Mo Ay( • MD. / Aye • • • CITY OF NEWPORT BEACH Mav 25. 1970 MINUTES INDEX cot . x Ordinance No. 1338 was -introduced, and passed to .. s x x x x x x x second reading on June 8, 1970. Z. Proposed Ordinance No. 1339, being, Building Excise 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 letter from The Irvine Company. The following people spoke from the audience: Jim Taylor and Richard Reese of The Irvine Company; Gerson Bakar; Jack Barnett, Executive Director of the Newport Harbor Chamber of Commerce; Dee Cook. :ion x Consideration of Ordinance No. 1339 was postponed ;s x x x x x x x to June 8, 1970. CONSENT CALENDAR: :ion x The following items were approved by one motion �s x x x x x x x affirming the actions on the Consent Calendar: 1. The following, Advisory Communications were ordered filed: Letter from Diana W. Adams protesting resumption of helicopter flights to Newporter Inn on June 15. Letter from William C. Hardesty suggesting limited access to City beaches as a means of relieving congestion. Letter from Allen Grimes, City Attorney of Beverly Hills, as League Director representing City Attorneys' Department, thanking Council on behalf of the City Attorneys for the hospitality and efforts of City Attorney Tully Seymour in hosting the recent City Attorneys' Spring Conference. Volume 24 - Page 113 ,ax ,ax ROLL CALL 0 • • • l J • COUNCILMEN CITY OF NEWPORT BEACH 1970 MINUTES Letter from Dora Nell Hedrick urging that the Upper Bay trade agreement with the Irvine Company be rescinded. Copy of letter sent to Daily Pilot by Margot Skilling regarding the Coastal Freeway. Letter from Don C. and Martha S. Nokes registerir their total opposition to the Pacific Coast Freeway "or any additional Freeway south of the current San Diego Freeway (proposed Orange Freeway). " Letter from Roger M. Farel urging Council to declare all municipal flags at half -mast for a period of time to honor Americans killed in Vietnam. (Discussed at Study Session May 18) Letter from J. B. Wassall complimenting Council for their stand relative to "FREE US "- meetings. Letter and Preliminary Agenda from Local Agency Formation Commission regarding public hearing on May 27, 1970 regarding proposed Acacia An- nexation to the City of Newport Beach ( Annexation No. 71). Resolution of the Local Agency Formation Commission'approving Whittier Heights Annexation to the Costa Mesa Park and Recreation District. Notice from Public Utilities Commission of prehear• ing conference on June 8 and hearing on June 15 regarding Pacific Telephone and Telegraph Company's request for rate increase. Interim Opinion of Public Utilities Commission re- garding Rules Pertaining to Underground Extensions to Commercial and Industrial Developments and to Individual Customers of all Electric and Communi- cation Public Utilities in the State of California. Copy of Twelfth Supplemental Order before Public Utilities Commission relating to the requirement that certain motor vehicles must stop at railway grade crossings. Excerpt from minutes of Board of Supervisors meeting of May 5 regarding cancellation of taxes on City of Newport Beach property (deeded from Phyllis V. Flint). Volume 24 - Page.114 Annex 71 ROLL CALL • i lJ r 1 LJ • • COUNCILMEN CITY OF Mav 25. 1970 NEWPORT BEACH MINUTES INDEX Third Digest of 1970 Assembly Bills Affecting. Cities and Third Digest of 1970 Senate Bills Affecting Cities. Minutes of April 16 Meeting of Mosquito Abatement' District. Agenda of Meetings of Board of Supervisors for May 12, 13, 19 and 20, 1970. 2. The following communications were referred as indicated: Referred to City Attorney for study and report, Oil Leases letter from Halstead M. Pembroke applying for oil and gas lease in Newport Shores area of Newport Beach. City's legal position must be determined before responding to request. Referred to.staff for study and reply, letter from § .i ., St. Andrew's Presbyterian Church requesting Andrews waiver of $150 filing fee for use permit for building Presby- at 511 Balboa Boulevard in connection with .a beach terian evangelical program for period of June 1 through Church August 31, 1970. Referred to staff for study and report, letter from TOPICS State Department of Public Works regarding appor: tionment of $72, 443 to City of Newport Beach in California's allocation of federal-TOPICS funds for the 1970 -71 fiscal year, enclosing copy of adminis- trative rules covering use of TOPICS fund apportion- ments for 1970 -71 fiscal year and asking that the Department be advised before July 31, 1970 re- garding the option, or options, the City desires to use. Referred`.to staff for study and report„ -letter. from Bicycle Allan Beek.suggesting'Bayside Drive as.a'bicycle Trails trail,. and suggesting -a new'name.for former Bayside_Drive in the event of realignment. Referred to staff for reply, letter from Dr. Ralph D. St Light - Anderson, owner - operator of Channel Inn Motel at .Channel 6030 West Coast Highway, regarding installation of a Inn street light in the rear of the motel. 3. The following, resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: Volume 24 - Page 115 COUNCILMEN f� Pp y n O N �y $ C yZ�O �in�9pin �C9 �Pio ROLL CALL CITY OF NEWPORT BEACH May 25, 1970 MINUTES INDEX Resolution No. 7181 authorizing execution of an 32nd St Arterial Highway Financing Program project admin- Widening istration agreement with Orange County in connec- tion with 32nd Street widening from Balboa R -7181 Boulevard to Newport Boulevard. Resolution No. 7182 establishing annual summer Prkgro- 'hibitions parking restrictions on certain streets. R -7182 Resolution No. 7183 accepting a grant deed from STr',6996 The Irvine Company in connection with the portion R -7183 of Vista Del Oro within Tract 6996. Resolution No. 7184 supporting Senate Bills 966 and Oil Leases 967 relating to termination of unproductive oil lease R -7184 4. The City Clerk's referral of the following claim to Clms Dmgs the insurance carrier was confirmed: Claim of Noreen N. Baume for damage to her car Baume on May 15, 1970 at 611 Helibtrope Avenue, Corona del Mar, allegedly caused when her car was in- volved in an accident with a City vehicle. 5. The plans and specifications for the Traffic Signal Traffic Modification at the Intersection of Jamboree Road Sig/ Jamb - and San Joaquin Hills Road, Contract 1261, were San Joaquin approved, and the City Clerk was authorized to Hills Rd advertise for bids to be opened at 3:30 P. M. , June 15, 1970. (A report from the Public Works Director was presented. ) 6. The plans and specifications for Traffic Signals - Traf Sib - Eastbluff Drive (North) - Jamboree Road and Eastbluff Irvine Avenue - Santiago Drive, Contract 1259, Dr (North) - were approved, and the City Clerk was authorized Jamboree & to advertise for bids to be opened at 3:00 P.M. , Irvine - June 15, 1970. (A report from the Public Works Santiago Dr Director was presented.) 7. The plans and specifications for the Alley Improve- CdM /BI ments, Corona del Mar Area and Balboa Island, Alley Imp Contract 1238, were approved, and the City Clerk was authorized to advertise for bids to be opened at 10:00 A. M. , June 16, 1970. (A report from the . Public Works Director was presented. ) Volume 24 - Page 116 COUNCILMEN IN GG `n.1 Pn LA ROLL CALL n I�L • • • • Moti( Ayes • • CITY OF NEWPORT BEACH May 25, 1970 MINUTES INDEX 8. The plans and specifications for Third Avenue Third Ave Street Improvements, Contract 1291, were St Improvf approved, and the City Clerk was authorized to ments advertise for bids to be opened at 10:30 A.M. , June 16, 1970. (A report from the Public Works Director was presented. ) 9. The classification titles and job descriptions as Job Classi recommended by Price Waterhouse & Company fication were approved, to become effective with the implementation of salary plan for fiscal period 1970 -71 which will be considered by Council at a later date. (A report from the City Manager was presented.) 10. The addition of one Senior Librarian position in the Table of Library Table of Authorization was approved for a Authori- period from approximately June 15, 1970 to ap- zation proximately October 1, 1970. (A report from the City Manager was presented. ) 11. The following Budget Amendments were approved: BA -76, $4, 750 increase in Budget Appropriations to complete financing for settlement of the lawsuit to clear the right of way at 6511 Seashore Drive, from Unappropriated Surplus, State Gas Tax. BA -77, $44, 000 increase in Budget Appropriations for construction of two traffic signals - at Eastbluff Drive (north) and Jamboree Road and at Irvine Avenue and Santiago Drive -22nd Street, from Unappropriated Surplus, State Gas Tax. ITEMS. REMOVED FROM THE CONSENT CALENDAR: 1. A letter was presented from Herbert E. Riley Carnation regarding trimming of shrubs and trees at a small Ave Streel public beach off Bayside Drive. End Parks, Beaches and Recreation Director Cal. Stewart gave a staff report. )n x It was directed that the existing stumps in the x x x x x x x street end beach at Carnation Avenue be removed and the street end cleared up to conform with the Council Street End Policy, Volume 24 - Page 117 COUNCILMEN �Ff 9p5 CP X09 9A o NA PN Z ROLL CALL CITY OF IkVinq '.&. LO 11 NEWPORT BEACH MINUTES INDEX 2. A proposed resolution submitted by B. Weinberg on FREE US behalf of "FREE US" was presented. • Barry Weinberg and Jack Vaughn spoke from the audience. Motion x The resolution was ordered filed. Ayes xxxxxxx CONTINUED BUSINESS: 1. A report from the City Staff regarding a local Obscene preview of an objectionable film was presented with Movie a copy of a letter from Joan S. Bonebrake to Newport Cinema Theatre as a result of a newspaper article regarding the same film. 00tion x The report and letter were ordered filed. Ayes xxxxxxx 2. The letter from Anton Hershey requesting permis- Encroach - sion to encroach into public right of way to remodel ment a building at Z00 -202 Marine Avenue, Balboa Island 200 -202 - was presented. Marine Ave Assistant City Manager James DeChaine stated that the request had been withdrawn. Motion x The request letter was ordered filed. Ayes xxxxxxx 3. Items 3 and 4 regarding Promontory Bay were con- sidered earlier in the meeting with the hearings regarding Bayside Drive. • CURRENT BUSINESS: 1. A report was presented from the City Manager Sewer regarding Council Policy relative to sewer system Capital funding. Improve - ment`s Motion x The amendments to City Council Policy F -3 were -'Ayes x x x x x x x approved as follows: Sewer System Funding The annual operating cost of the sewer system will be financed by a transfer from the Water Fund. • Volume 24 - Page 118 COUNCILMEN O'a yy� OCF PyyGG ON�91',noo :QLL CALL 0 n lJ • Motion Ayes • 0 otion yes • I 1 LJ CITY OF NA— 7F 107() NEWPORT BEACH MINUTES INDEX The annual sewer replacement program and capital improvement program will be financed from the General Fund. 2. A report was presented from the Public Works Jamboree Director regarding Jamboree Road Construction- Rd Palisades Road to MacArthur Boulevard, Contract Palisades/ 1205. MacArthur x The plans and specifications were approved, the x x x x x x x City Clerk was authorized to advertise for bids to be opened at 9:30 A. M. , June 16, 1970, and the following resolutions were adopted after the reading of the resolutions were waived by unanimous consent of the Council: R -7185 authorizing execution of a borrow R -7185 site agreement with Lockheed Aircraft Corporation in connection with the con- struction of Jamboree Road from Palisades Road to MacArthur Boulevard, Contract 1205. R -7186 authorizing execution of a right -of- R -7186 entry agreement with The Irvine Company in connection with the construction of Jamboree Road from Palisades Road to MacArthur Boulevard, Contract 1205. 3. A report from the Public Works Director regarding Curb Cut - request by Frank Helin for curb cut on First Avenue Carnation for 421 Carnation Avenue was presented with a letter of request by Dale St. Charles for Frank Helin. Frank Helin spoke from the audience. x The request for a four - car -wide curb cut was xxxxxxx denied. 4. The application of "FREE US" for a sound ampli- FREE US fying permit to amplify music at the Balboa Pier Park between the hours of 1:00 P. M. and 5:00 P. M, , Saturday, June 6, 1970 was presented with a report from the City Manager. John Negus spoke from the audience opposing the granting of the permit. Bob Meyer, Nick Licari, Don Elder and Fred Pfeiffer spoke from the audience in favor of the permit. Volume 24 - Page 119 COUNCILMEN s9��',rs � fN4y ROLL CALL 1P .B • 2 • 0 F- 'a 611�1 r • CITY OF NEWPORT BEACH Mav 25_ 1970 MINUTES INDEX otion x The permit for sound amplifying equipment was yes xxxxxxx approved, subject to the conditions that no vehicles be driven or parked on the grass, that the sound be limited to a volume that carries only 150 feet, that there be no solicitation of funds, no profanity, no violence and that the park be left clean. 5. A report was presented from the Planning Director Tr 6947 in connection with the request of Gerson Bakar and Associates for extension of time for the signing of the Final Map for Tract 6947 (Park Newport) until May 26, 1971. The expiration date of the tentative map of Tract Lotion 6947 was extended to May 26, 1971, subject to the .yes xxxxxxx same conditions previously imposed. 6. A report was presented from the City Manager Le Salon regarding revocation of business license of Le De Trait - Salon De Traitments. ments Lotion x The matter was set for public hearing on June 8, .yes xxxxxxx 1970. HARBOR PERMITS: 1. A report was presented from the Harbor and Tide- lands Administrator regarding Harbor Permit Application No. 133 -1 of Mr. Frank Snow to construct a ramp and slip bayward of No. 1 Linda Isle. Harbor and Tidelands Administrator George Dawes gave a staff report. Lotion x Harbor Permit No. 133-1 was approved. .yes xxxxxxx 2. A report was presented from the Harbor and Tide- lands Administrator regarding Harbor Permit Application No. 112 -405 of Mr. P. A. Cassell to revise the existing permit bayward of 403 Edgewater Avenue, Balboa. Harbor and Tidelands Administrator George Dawes gave a staff report. Motion x Harbor Permit No. 112 -405 approved by City Lye xxx x x x x Council on November 12, 1968 was revoked and Volume 24 - Page 120 COUNCILMEN \*t0v ;ALL CAL • Motion Aye s Motion Wes Motion Ayes E CITY OF NEWPORT BEACH MINUTES I�F1'fi'1.'�L•%I11 INDEX Azimuth Equities, Inc. the current Harbor Permit No. 112 -405 was approved, subject to the following conditions: (a) Dredged sand to be deposited equally on Cypress Street public beach and Mr. Cassell's beach, and' (b) Every effort be made to minimize turbidity during dredging operations. ADDITIONAL BUSINESS: 1. Alex Bowie, Attorney for Azimuth Equities, Inc. spoke to Council concerning an agreement entered into by Azimuth Equities to purchase the 50 -acre McDonnell - Douglas parcel located at the northeast corner of MacArthur Boulevard and Campus Drive and concerning the desire of Azimuth Equities for this development to be annexed to the City of Newport Beach Richard Reese of The Irvine Company spoke from the audience. x The staff was directed to explore the proposal as x x x x x x x set forth by Mr. Bowie and to work with Azimuth Equities and the adjoining land owners in preparing an in -depth staff analysis of this request and bring back to Council on June 8. Z. Harbor and Tidelands Administrator George Dawes gave a staff report regarding the salmonella problem in the Greenville - Banning Channel. Don Beckley and Mr. and Mrs. Don Nokes,of Newport Shores spoke from the audience asking for help from the City to obtain a Federal Aid Program to clean up the channel. x The staff was directed to prepare the necessary xxxxxxx paper work prior to the deadline for the request of federal funds for repair of the storm damage, and staff was requested to work with the Flood Control District to reopen the Greenville - Banning Flood Control Channel. x The meeting was adjourned at 12:30 A. M. xxxxxxx Mayor ATTEST: , ° City crerk Volume 24 - Page 121 INDEX Azimuth Equities, Inc.