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Home My WebLink About08/10/1970 - Regular MeetingCOUNCILMEN 3 'f� y g OON Ok P LPN S < < ry anti nei, n CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: August 10, 1970 MINUTES ininr "Y Present x x x x x x x Roll Call. • The reading of the Minutes of the Regular Meeting of Motion x July 27, 1970 was waived, and said Minutes were Ayes xxxxxxx approved as written and ordered filed. HEARINGS: 1. Mayor Hirth opened the continued public hearing to Irvine Ave hear protest from property owner, Claude Cotton, Sidewalk 432 Irvine Avenue, who has been notified to construct sidewalk on Irvine Avenue adjacent to 432 Irvine Avenue. No one desired to be heard. Mayor Hirth closed the hearing with the unanimous consent of the Council. Motion x The matter was tabled until the Newport -Mesa Ayes x x x x x x x Unified School District constructs sidewalk from the existing garage facilities on Irvine .Avenue southerly to the existing sidewalk on Cliff Drive. 2. Mayor Hirth opened the public hearing in connection Dist Map • with Ordinance No. 1349, being, 61 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADOPTING DISTRICT MAP NO. 61 ADD:PREZONING UNINCORPORATED TERRITORY ADJACENT TO THE CITY OF NEWPORT BEACH IN THE EVENT OF SUBSEQUENT ANNEXATION, Planning Commission Amendment No. 266, request of Jack W. Mullan to pre -zone unincorporated terri- tory adjoining the City of Newport Beach for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation to the City, Lots 72 through 81, Tract 706, located on the easterly side of Acacia Street between Orchard Drive and Palisades Road, Planning Director Larry Wilson presented the findings of the Planning Commission. Jack Mullan spoke from the audience regarding his request for the pre- zoning. • • Volume 24 - Page 197 COUNCILMEN \-S�o - os�o o� icI pptin1 s�9 ��__ T ROLL CALL w • 11111111 Motion Aye s 11 *otion Ayes 0 r1 LJ CITY OF NEWPORT BEACH August 10, 1970 No one else desired to be heard. MINUTES Mayor Hirth closed the hearing with the unanimous consent of the Council. Ordinance No. 1349 was adopted after the reading of the ordinance was waived by unanimous consent of the Council, ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1350, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 12.64 TO THE NEWPORT BEACH MUNICIPAL CODE RELA'I TO VEHICULAR NUISANCES, was presented. A report from the City Attorney was presented with letters from T. E. Walsh and A. D. Wallace, Jr. urging control of motorcycles; an emergency ordi- nance of the Orange County Board of Supervisors limiting the use of motorcycles, bikes, jeeps, dune buggies, etc. on real property owned or occupied by another without the written consent of the owner; and an excerpt from the Minutes of the Board of Supervisors of Orange County directing the County Counsel and the Orange County Sheriff to work with the city attorneys and the League of Cities on a uniform ordinance for a solution to the problem of where motorcycles ought to be ridden. Ordinance No. 1350, as amended, was introduced and passed to second reading,on August 24, 1970. 2. Proposed Ordinance No. 1351, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 7. 12. 010 AND REPEALING SECTION 7. 12. 020 OF THE NEW- PORT BEACH MUNICIPAL CODE, RELATING TO THE KEEPING AND STAKINt OF "LIVE- STOCK ", was presented with a report from the Planning Department. Volume 24 -, Page 198 INDEX ehicular uisances Livestock COUNCILMEN 39�4+oy o oo RQLL CALL N A • • • • • CITY OF NEWPORT BEACH August 10. 1970 Motion x Ordinance No. 1351, as amended, was yes x x x x x x x and passed to second reading on Augui CONSENT CALENDAR: otion x The following items were approved by one yes x x x x x x x affirming the actions on the Consent Calen 1. The following Advisory Communicatia ordered filed: A letter from Carl Cotman opposing A District No. 52 (Harbor Highlands str Letters from Division of Highways Di: of acquisition of property located at P Kings Road and on the north side of Ki westerly of St. Andrews Road. League of California Cities Legislativ dated July 22 and 29, and letter from California Cities regarding PORAC lit League challenging the right of city cc represented in Sacramento. A letter from John C. Glithero, Jr. r dissolutionment or control of The Irvi Agenda of the Board of Supervisors m July 28, 29, August 4 and 5. Notice of hearing held August 3 before Utilities Commission regarding the al We dtg ate -California Corporation for a controlling interest in Air California. Notice from the Public Utilities Comn investigation for the purpose of establ the year 1971 of railroad grade crossi streets or county roads most urgently separation. A letter from the Citizens' Town Plan of Laguna Beach sympathizing with Ne its struggle against the bisecting prop Freeway and stating in support of goof they endorse the Pacific Coast Highwe Volume 24 - Page 199 MINUTES ;introduced at 24, 1970. motion iar: is were ssessment -et lighting). strict 7 notifying 10 and 1621 ngs Road, e Bulletins the League of igation against uncils to be egarding ne Company. eetings held the Public plication of cquisition of zission regardin fishing a list for ngs of city in need of ning Association wport Beach in osed Coast i town planning, y Badham Bill. INDEX Asmt Dist 52 MINUTES ;introduced at 24, 1970. motion iar: is were ssessment -et lighting). strict 7 notifying 10 and 1621 ngs Road, e Bulletins the League of igation against uncils to be egarding ne Company. eetings held the Public plication of cquisition of zission regardin fishing a list for ngs of city in need of ning Association wport Beach in osed Coast i town planning, y Badham Bill. INDEX Asmt Dist 52 COUNCILMEN ROLE CALL_ 0 11 • • • • • • CITY OF NEWPORT BEACH August 10, 1970 MINUTES INDEX 2. The following communications were referred as indicated: Referred to Parks, Beaches and Recreation Depart- Parkway ment for appropriate action, letter from James Trees Murley requesting replacement of a tree on the south side of driveway in front of 1732 Candlestick Lane. Referred to staff for inclusion with material to be Or Co presented at the Board of Supervisors hearing, letter Airport from Pegasus Homeowners Association requesting Council to recommend to the County Board of Super- visors that no action be taken in conjunction with the recommendations contained in the Ralph M. Parsons Company Phase II Orange County Transportation Plan, and requesting that the City of Newport Beach support a plan which will return the level of oper- ations of the Orange County Airport to the 1965 level. Referred to City Attorney for appropriate action, BEPPU Stay of Order of Raymond R. Filorio vs City Council of Newport Beach regarding revocation of business license of BEPPU massage parlor. Referred to staff for reply, letter from Al Martinson thanking Council for the showers at the North Pier and at A Street Pier. 3. The following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: Resolution No. 7248 approving an agreement with the Police Hughes Tool Company for the leasing of two heli- Helicopter copters for use by the Police Department and authorizing the execution of said agreement on behalf R -7248 of the City. (A report from the City Attorney was presented.) Resolution No. 7249 authorizing the execution of an Audit agreement with Binder, Mestyanek, Johnson & Co. Report for auditing services for fiscal year 1970 -71, in accordance with revised annual fee. R -7249 4. Referral of the following claims to the insurance Claims carrier was confirmed: Claim filed by Coldwell, Banker & Company, Coldwell, Managing Agent, for damage to the Newport National Banker & Bank Building, 1501 Westcliff Drive, Newport Beach Co on May 27, 1970 when a police weapon accidentally discharged. Volume 24 - Page 200 COUNCILMEN CITY OF NEWPORT BEACH MINUTES RDLL CALL \ • • • • • • August 10, 1970 INDEX Claim of Wesley C. Carlson filed by William W. Carlson Watson for damages to Mr. Carlson's automobile on May 29, 1970 when it was involved in an accident with a City vehicle. 5. The plans and specifications were approved for the St Impr Street Improvements on Harbor View, Goldenrod, Harb Vievc Second and Marigold Avenues, Contract 1246, and Goldenrod the City Clerk was authorized to advertise for bids 2nd Ave & to be opened at 10:00 A.M., September 3, 1970. (A Marigold report from the Public Works Director was presented.) 6. The plans and specifications were approved for the Cnstr Cur Construction of Curb and Gutter on the West Side of & Gutter/ Irvine Avenue South of 21st Street, Contract 1309, and W Side the City Clerk was authorized to advertise for bids to Irvine S o be opened at 10:30 A. M. , September 3, 1970. (A 21st report from the Public Works Director was presented.) 7. The plans and specifications were approved for the Annual St Annual Street and Alley Seal Coating Program 1970 -71, & Alley Contract 1294, and the City Clerk was authorized to Seal Coat advertise for bids to be opened at 11:00 A. M. , 1970 -71 September 3, 1970. (A report from the Public Works Director was presented.) 8. The following Budget Amendments were approved: BA -7, $4, 500 transfer of Budget Appropriations for the City's portion of settlement of claim for damages of Mrs. Claranita B. Hixson occurring to home located at 2627 Cove Street, Corona del Mar from Unappropriated Contingency Reserve to Nondepart- mental, Services - Professional, Technical, General Fund. BA -8, $73, 200 increase in Budget Appropriations and Revenue Estimates for City's interest payments on Civic Center Site and monthly rental payments from The Irvine Company on ground lease to Nondepart- mental, Special Departmental Expense and Rental of Property, General Fund. BA -9, $3, 920 transfer of Budget Appropriations for two crossing guards to be used in the vicinity of the Eastbluff Elementary School, from Unappropriated Contingency Reserve to Police, Seasonal -Part Time, General Fund. (A report from the City Manager was presented. ) Volume 24 - Page 201 ROIL CALL . — • Motion Ayes 0 Motion Aye s Cl Motion Ayes Noes Motion Ayes goes Motion Ayes • COUNCILMEN CITY OF NEWPORT BEACH x August 10, 1970 MINUTES INDEX 5. Letters were presented from Jack W. Mullan and City Dump Howard Miller on behalf of Contemporary Mobile Property Home Corporation reaffirming their interest in desiring to purchase the City dump property. Jack Mullan spoke from the audience regarding his offer to purchase the property. • Volume 24 - Page 202 BA -11, $250 transfer of Budget Appropriations for increase in annual audit fee from Unappropriated Contingency Reserve to Nondepartmental - Services, Professional, Technical, Etc., General Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter from John F. Negus requesting that the City Harbor establish necessary control to limit excursion boats Regs to sight- seeing activities only was referred to staff for reply. 2. Resolution No. 7250 authorizing the execution of Tr 7082 covenants, conditions and restrictions being imposed upon Tract No. 7082 was presented. William Holstein, developer, spoke from the audience. Resolution No. 7250 was adopted after the reading of R -7250 the resolution was waived by unanimous consent of the Council. 3. The application of Biola Men and King's Daughters to Sound Amp use sound amplifying equipment at a devotional to be Perm/ held on Corona del Mar Beach September 19 from Biola 7:00 to 9:00 P.M. for approximately 300 -500 students College was presented. Councilman Dostal made a motion to table the matter until August 24, which motion failed to carry. Mayor Pro Tern Rogers made a motion to approve the application of the Biola Men and King's Daughters for sound amplifying equipment on September 19 as requested, which motion carried. 4. The application of Balboa Bay Lions Club to use a Sound Amp small amplifier and a small high school band on a Perm/ truck on September 26, 1970 to advertise the annual Lions Club lobster bake at Corona del Mar beach was approved. 5. Letters were presented from Jack W. Mullan and City Dump Howard Miller on behalf of Contemporary Mobile Property Home Corporation reaffirming their interest in desiring to purchase the City dump property. Jack Mullan spoke from the audience regarding his offer to purchase the property. • Volume 24 - Page 202 COUNCILMEN CITY OF NEWPORT BEACH MINUTES lil,QALL • Motion Ayes Wyes • Motion Ayes 40motion Ayes • si FA x t 10, 1970 Assistant City Manager Jim DeChaine reviewed the various steps taken by the City regarding proposed sale of this property. Reg Wood, real estate consultant, spoke from the audience in behalf of Sully- Miller Contracting Company which owns the land abutting the City dump property. The matter was referred to staff with a request for prompt action. 6. A letter from Suzanne Robinson to Councilman Dbstal regarding proposed parking lot and restroo on the unimproved land between 31st; and 33rd Streets at the end of Seashore Drive was referred to staff for reply. 7. Budget Amendment BA -10 regarding lease of heli- copters was considered. Bob McClure, Huntington Beach, and John Matheson, Balboa spoke from the audience in opposition to the use of police helicopters. BA -10, $28, 800 transfer of Budget Appropriations for 9 -month lease of helicopters from Unappropri- ated Contingency Reserve to Police, Rental of Property and Equipment, General Fund, was approved. 8. A notice of a Costa Mesa Planning Commission hearing to be held Monday, August 10 regarding the University Oldsmobile requesting permission to continue to use M -1 property for impounded and wrecked automobiles for the purpose of processing said vehicles for lien sale or for the junk yard at 132 Industrial Way was ordered filed. RECESS for five minutes was declared by Mayor Hirth. The Council reconvened with all members present. CONTINUED BUSINESS: 1. Phase II, Orange County Air Transportation Plan, Interim Report, by the Ralph M. Parsons Company was considered. • Volume 24 - Page 203 U1192 Seashore Dr Prkg Lot & Re stroom OrCo Airport COUNCILMEN � o Zy�'(9"c��PS, G� ay N ROLL CALL $^ CITY OF NEWPORT BEACH August 10, 1970 MINUTES INDEX Administrative Assistant Phil Bettencourt gave a • staff report. Resolution No. 7251 stating the Council's official position on the optimum development plan for Orange County Airport was presented. Al Kelso spoke from the audience in behalf of the Balboa Island Improvement Association supporting the Council resolution. Motion x Resolution No. 7251, as amended, was adopted after R -7251 Ayes x x x x x x x the reading of the resolution was waived by unanimous consent of the Council. Clint Hoose spoke from the audience commending • Council for its action, and Dan Emory also spoke from the audience and thanked Council in behalf of the homeowners groups. CURRENT BUSINESS: 1. A report was presented from the Planning Director Tr 7148 regarding the findings of the Planning Commission in connection with the Final Map of Tract 7148 consisting • of 9.79 acres divided into 74 residential lots and one green area lot, located on the south side of the extension of Vista Del Oro westerly of Eastbluff Drive. Planning Director Larry Wilson reported on the findings of the Planning Commission. Motion x The Final Map of Tract 7148 was approved, subject Ayes x x x x x x x to the conditions recommended by the Planning Com- mission, and the following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council. Resolution No. 7252 authorizing the execution of R -7252 an agreement with I.D. -3. , a joint venture, and George and William Holstein Co.,. Inc., and . I. D. S. Mortgage Development Corp., Subdivider, for the construction of improvements in Tract No. 7148. Resolution No. 7253 authorizing the execution of R -7253 covenants, conditions and restrictions being imposed upon Tract No. 7148. • • Volume 24 - Page 204 COUNCILMEN �t��osoo� zN 9c� Ayg an ROLL CALL a CITY OF NEWPORT BEACH August 10, 1970 MINUTES INDEX 2. A report was presented from the Planning Director Tr 7247 . regarding the findings of the Planning Commission in connection with the Tentative Map of Tract 7247, a subdivision of 19. 4 acres into 42 lots for development as single family residences, located on the south side of San Joaquin Hills Road east of Marguerite Avenue. Planning Director Larry Wilson reported on the findings of the Planning Commission. Robert Bein, engineer for subdivider, spoke from the audience. Motion x The Tentative Map of Tract 7247 was adopted, subject Ayes x x x x x x x to the conditions recommended by the Planning Com- mission. • 3. A letter was presented from the Parks, Beaches and SoCal Recreation Commission regarding the annual sailing Hobie Cat regatta of the Southern California Hobie Catamaran Sailing Association on August 22.and 23. Regatta The boat launching restriction and the storage on the beach restriction at the bay beach at 18th Street on Motion x August 22 and 23 was waived to permit the Southern x x x x x x x California Hobie Catamaran Association to hold its �es annual sailing regatta. 4. A letter was presented from the Parks, Beaches and Beach Recreation Commission regarding uniform closing Closing time of beaches. Brooks Bernard, a resident of Corona del Mar, spoke from the audience and presented a petition, which he read in full, bearing 98 signatures representing • people living in various areas of Corona del Mar protesting the proposed late closing time on the Corona del Mar beach. Motion x Councilman Rogers made a motion to refer the matter to the City Manager for study and report with the understanding that the staff would contact all home- owners associations contiguous to beaches regarding the closing hour, and that this report would be evaluated and brought back to the Council along with reports from the Police Department and other depart- ments concerned so that Council can make a.judgment on the matter. • • Volume 24 - Page 205 COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROIL CALL N • Ayes • Motion Ayes Motion • • Aueust 10. 1970 INDEX Dr. Larson of Corona del Mar spoke from the audience objecting to the uniform closing hour for beaches. Councilman Rogers amended his motion to state that the'matter be referred to the City Manager for study and report, that the report be referred to the Parks, Beaches and Recreation Commission without prejudice to hold a public hearing on the matter, that the staff is to notify all property owners and associations and groups about the meeting and that the Commission is x x x x x x x to consider the reports from the entire staff in relatiOlL to this matter, and the motion carried. 5. A report was presented from the City Manager Newspaper regarding a trial project for collection and salvage of Salvage newspapers. The City Manager was authorized to accept the pro - u x x x x x x posal of Men- Cal Corporation to collect newspapers in the City of Newport Beach on a trial basis for one month. HARBOR PERMITS: 1. A report was presented from the Harbor and Tidelands.Harb Administrator regarding Harbor Permit Application Perm/ No. 200 -000 of The Irvine Company to dredge and Irvine bulkhead Promontory Bay. Gloria Gartz, Balboa Island, spoke from the audience opposing The Irvine Company's Promontory Bay development. Robert Bein, engineer for the applicant spoke from the audience. x Councilman Croul made a motion to approve Harbor Permit Application No. 200 -000, subject to the conditions recommended by the Harbor and Tidelands Administrator. Al Kelso, Balboa Island, spoke from the audience regarding the need for sand on the Balboa Island beaches. A discussion was had regarding the feasibility of getting the dredged sand from Promontory Bay to Balboa Island for the beaches. Volume 24 - Page 206 COUNCILMEN O N 3 �� y%G il ROLL CALL sir F�Ny < ��^ CITY OF NEWPORT BEACH August 10, 1970 MINUTES INDEX A discussion was had regarding the feasibility of trucking or dredging sand from Promontory Bay to Balboa Island for the beaches. Bob Snyder, project engineer on the project for The Irvine Company, spoke from the audience and offered the sand to the City. Ayes x x x x x x x A vote was taken on Councilman Croul's motion, which motion carried. ADDITIONAL BUSINESS: 1. Resolution No. 7254, changing the name of 21st Street from Irvine Avenue westerly of Tustin Avenue lotion x to Holiday Road, was adopted after the reading of the ea x x x x x x x resolution was waived by unanimous consent of the Council. Motion x 2. Mayor Hirth was designated as the Newport Beach Ayes x x x x x x x representative for action on the Joint Powers Agree- ment for the employment of a Legislative Advocate to promote S -3093 "The California Marine Sanctuary Act of 1969 ". .lotion x 3. The authorization for 3 - mobile radios was changed Ayes x x x x x x to 4 - mobile radios in Activity #2000 (Police Depart- ment). Capital Outlay Items 93 -1 and 93 -2. Motion x 4. The staff was directed to file with the Local Agency Ayes x x x x x x Formation Commission the next day a.certified copy of Page 182 of the Council Minutes for July 20, 1970 which reflects the Council action establishing the future northerly boundaries of the City of Newport • Beach to be easterly to Jamboree Road, westerly to the westerly boundaries of the Orange County Airport and northerly to the San Diego Freeway.. Bob Kern, Costa Mesa, spoke from the audience regarding a parking citation he had received. Mayor Pro Tem Rogers read into the record the names of the following people who are lending their support to the referendum and initiative relative to the Route 1 Freeway: William Agee, Corona del Mar; Robert Curci, Corona del Mar; John Store, Corona del Mar; Marshall Johnson, President of the West Newport Improvement Association; Mrs. Joseph Beek, Balboa Island; Mr. William LaPlante, Balboa Island; Dick Clucas, West Newport; Margot Skilling, • West Newport; Walter Koch of Mariners; Marshall Duffield, Bayshores; Vin Jorgenson; Mr. and Mrs. Ward Baxter, Bayshores; William O'Bryon, President of Bayshores . Home Improvement Committee; Mr. Don Elder, Past President of the Peninsula Point Association and former Volume 24 - Page 207 INDEX RQLL CAL • ,D &otio: Ayes *otio: yes • • COUNCILMEN CITY OF NEWPORT BEACH August 10, 1970 MINUTES councilman of the City of Newport Beach; Mr. and Mrs. Edward J. Power, Bayshores; Mr. and Mrs. George Newton, Balboa Island; Mr. and Mrs. John Wayne, Bay - shores; Mr. T. Patrick Dougan, Bayside Drive; and Mr. Bertram Cleveland Coffey, Jr. of Lido Island. Al Kelso spoke from the audience and stated that the Balb Island Improvement Association should be included in the group. 5. Councilman Parsons presented the recommendations of the Appointments Committee for the appointment of James R. Gage to the Board of Library Trustees, and of Mrs. Mitzi Smith and Mrs. Cynthia Phillips to the City Arts Committee. The recommendations of the Appointments Committee were confirmed, and James R. Gage was appointed to the Board of Library Trustees, and Mrs. Mitzi Smith and Mrs. Cynthia Phillips were appointed to the New- port Beach City Arts Committee. Mayor Hirth stated that the regularly scheduled Study Session for August 17 would not be held. The meeting was adjourned at 11:15 P.M. A=ST,: City C1 rk Volume 24 - Page 208 INDEX