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HomeMy WebLinkAbout01/25/1971 - Regular MeetingCOUNCILMEN 3'f�95P0'O 'n�'9 mod' S f Qy ROLL CALL ^ 4esenl Motion Ayes • CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7 :30 P.M. Date: January 25, 1971 MINUTES xxxxxx Roll Call: The reading of the Minutes of the Regular Meeting of x January 11, 1971 was waived, and said Minutes were xxxxxx approved as written and ordered filed. HEARINGS: 1. Mayor Hirth opened the public hearing regarding the Pease appeal of Harvey D. Pease from the decision of the Appeal Planning Commission denying Use Permit No. 1499, to establish a nine -unit motel on Lots 22 and 23, Block 8, Resubdivision of Balboa Island, located on the northwest corner of Park Avenue and Agate Street in a C -1 District, and to continue the use of one com- mercial office. The application further requests re- duction of setbacks to five feet for the ground floor and two and one -half feet for the second story abutting the adjacent alley, and zero setbacks abutting Park Avenue, Agate Street, and the interior property line to the north. A report from the Planning Director regarding the findings of the Planning Commission was presented with letters from.Mr. and Mrs. Vaughn L. Clark, 310 South Bay Front, and Mr. and Mrs. Roland Clark, 231 Agate, Balboa Island, opposing subject Use Per- mit. City Clerk Laura Lagios stated that in addition to those letters listed on the agenda, letters opposing Use Permit No. 1499 were received from the following residents of Balboa Island: Mrs. Mary Jahns, Mr. and Mrs. R. W. Knutsen, J. Dwight Tudor, Dr. and Mrs. John M. Hartlein, Gertrude Beach, and a letter from the Balboa Island Improvement Association reaffirming its position against subject Use Permit. Planning Director Larry Wilson gave a staff report. The following people spoke from the audience opposing the Use Permit: John Hall, Walter Smith, Albert Kelso who submitted a letter from himself and his wife, Tom Crosson and Ben Schmid. Appelant Harvey Pease spoke from the audience. Ralph Hinger, resi- dent of Balboa Island, commented on the parking problem on the island without taking a position on subject permit. Volume 25 - Page 14 COUNCILMEN y ?i C �� ROLL CALL CITY OF NEWPORT BEACH January 25. 1971 MINUTES INDEX x The hearing was closed. 6otion es KxXxxxx Motion x The findings of the Planning Commission were sus - Ayes xxxxxxx tained, and Use Permit No. 1499 was denied. RECESS for five minutes was declared by Mayor Hirth. The Council reconvened with all members present. 2. Mayor Hirth opened the public hearing in connection Civic with Ordinance No. 1371, being, Center AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADOPTING A SPECIFIC PLAN TO ESTABLISH A SIGHT PLANE DEFINING THE MAXIMUM PERMITTED HEIGHT OF STRUC- TURES ON A PORTION OF THE PROPOSED .NEWPORT BEACH CIVIC CENTER SITE, Specific Plan No, 3, establishing a uniform slope defined by contour lines of elevation above mean sea level and superseding all other limitations on height of structures which would otherwise be applicable . under zoning district regulations of the Newport Beach - Municipal Code. Planning Director Larry Wilson gave a brief staff report. The following people spoke from the audience against changing the existing height limitation and also expressed concern regarding the eighty -five foot height restriction on the north end of the property in question: John M. Wright, 1221 Surfline Way; Ed Cavanaugh, Broadmoor Homes resident; John D. Gambill, 1239 Surfline Way; Jack Dwan, President of the Broadmoor Hills Community Association and Edith Olson, 1227 Portside. Motion x Councilman Parsons made a motion to continue the hearing to February 8. Further discussion was had regarding the height limitations in the area. Ayes xxxxxxx A vote was taken on Councilman Parsons' motion, and the hearing was continued to February 8, 1971. • Volume 25 - Page 15 COUNCILMEN 3�ePOS° o q 2 � o a ROLL CALL N CITY OF NEWPORT BEACH January 25. 1971 MINUTES INDEX CONTINUED BUSINESS: 1. A report was presented from the Public Works, TOPICS Director regarding TOPICS Study. Motion x The staff was authorized to retain VTN of Orange Ayes xxxxxxx County, Consulting Engineers, for preparation of application documents and submittals necessary to qualify'£or TOPICS Program expenditures. Z. A report was presented from the City Manager Or Co regarding a letter from the City of Inglewood's Noise Airport Abatement Division concerning the Federal Aviation Noise Administration's request for public comment before Abateme3 the January 29 deadline on proposed rule requiring existing aircraft to be retrofitted with quiet engines. Motion x The Mayor was directed to send a letter as submitted Ayes xxxxxxx in draft by the City Manager to the General Counsel of the Federal Aviation Administration. 3. A letter from the City of Huntington Beach enclosing Pollution a resolution requesting that action be taken to eliminate the litter and health hazards caused by the • sale of beverages in disposable, non - returnable con- tainers was discussed. Motion x The staff was instructed to prepare an appropriate Ayes xxxxxxx resolution.for Council action on February 8, 1971. 4. A report was presented from the City Attorney Off -stree regarding off - street parking in connection with Use Parking Permit 1476, Mackerel Flats'Crab House.`. Dennis Harwood, attorney representing Dr. Harry Alexon, spoke from the audience. Motion x The concept of subject off- street parking was ap- Ayes xxxxxxx proved, and the staff was directed to bring back documents for Council approval in two weeks. 5. The matter of arguments to be submitted against Special Initiative Measures in connection with the Special Municipa Municipal Election to be, held March 9, 1971 was Election discussed. Motion x Councilman Kymla proposed arguments against the Initiative Measures and made a motion to approve said arguments, to be signed, "Members of Newport Beach City Council with the exception of Councilmen Volume 25 - Page 16 COUNCILMEN 3 f? S O O 'a 4 •� O y ?i G� yi'n`9 F� ROLL CALL �✓' CITY OF NEWPORT BEACH January 25, 1971 MINUTES INDEX Councilman Kymla amended his motion so that the • arguments be signed by those voting "Aye" if five or less "Aye" votes, and if there were more than five "Aye" votes, then to revert to the original proposal. Paul Gruber, former Mayor, spoke from the audience opposing the Council's submitting written arguments against the Initiative Measures, and requested that the City Clerk read into the record the arguments for the Initiative Measures as filed by the proponents of the Initiative. City Clerk Laura Lagios read into the record said arguments. The following people spoke opposing the embodiment of the words "City Council" in the arguments: Margot Skilling, Brad Young, Ralph Watson, Earl Hardy, Tom Hyans, Kenneth C. Slough, Lois Chambers and former Councilman Dee Cook. Roland Landrigan and Howard Glass spoke from the audience in support of Councilman Kymla's motion. Motion x Councilman Rogers made a substitute motion to s x x authorize those Councilmen who volunteered to sign oes x x x x x the arguments to sign as Councilmen of Newport Beach, and that all reference to "City Council" or "Councilmen" in the text of the argument be deleted, which motion failed to carry. Councilman Kymla restated his amended motion which would refer to "We, the following City Council mem- bers of the City of Newport Beach" in the text of the argument. Ayes x x x x x A vote was taken on the amended motion, which motio Noes x x carried. RECESS was called for ten minutes. The Council reconvened with all members present. 5. Discussion regarding arguments to be submitted Special against the Initiative Measures was resumed. Municipal Election Resolution No. 7359, authorizing the following mem- R -7359 bers of the City Council to file written arguments against Initiative Measures: Councilmen Carl Kymla, Richard Croul, Milan Dostal, Lindsley Parsons and otion x Mayor E. F, Hirth, was adopted after the reading of s x x x x x the resolution was waived by unanimous consent of .stain x x the Council. Volume 25 - Page 17 COUNCILMEN 3 Fl 9� '�s 9 cFNP10� ROLL CALL CITY OF NEWPORT BEACH January 25, 1971 MINUTES INDEX • 6. The Minutes of the January 18, 1971 Water Com- mittee meeting with the Committee's recommendationE Water Rate in connection with the January, 1971 Water Rate Study Study were presented. Motion x The City Attorney was directed to prepare an ordi- . Ayes x x x x x x x nance incorporating the recommended rate increase. CURRENT BUSINESS: 1. A report was presented from the Public Works Back Bay Director regarding the Back Bay Drive. Drive Lois Chambers and Carroll Beek spoke from the audience and stated they were against any consider- ation of closing the Back Bay Drive. Motion K The following recommendations of the Public Works Ayes xxxxxxx Director were approved: 1. That the City maintain Back Bay Drive in a passable condition from the Newporter Inn to the ski area on a year- around basis as men and equipment are available; • 2. That the City avoid any expensive mainte- nance work northerly of the ski area during the rainy season; and 3. That the portion of Back Bay Drive between Big Canyon and its connection with Eastbluff Drive be-posted to clearly indicate that the road is not safely passable at all times. 2. A report was presented from the City Attorney Off -site regarding an off -site parking agreement. Parking Agreemen Planning Director Larry Wilson reported on the findings of the Planning Commission. Brandon Chase, Newport Beach resident, spoke in favor of the proposed parking agreement. Carl Acker man, owner of the property, requested favorable consideration of subject parking agreement. Resolution No. 7360, authorizing execution of a R -7360 parking agreement between the City of Newport Beach and George L. Rager in connection with the Beach Ball bar and restaurant at 2116 West Ocean Front, Motion x Use Permit 1460, was adopted after the reading of the es xxxxxxx resolution in full was waived by unanimous consent of Volume 25 - Page 18 COUNCILMEN t� 90 y� c�PaO �n? NAT �P,ny ROLL CALL CITY OF NEWPORT BEACH January 25, 1971 MINUTES INDEX • the Council, and with the provision that the applicant conforms to the restrictions and conditions attached to Use Permit 1460 by the Planning Commission. 3. A report was presented from the City Manager Adams/ regarding City -owned property at Adams and Brook- Brookhur hur s t. Prop Resolution No. 7361, declaring certain real property R -7361 to be surplus, authorizing its sale and setting out the Motion x procedures for its sale, was adopted after the reading Ayes KXxxxxx of the resolution was waived by unanimous consent of the Council. 4. A report from the Public Works Director regarding Under - proposed Underground Utility District No. 2. (Pacific ground Coast Highway from Riverside Avenue to Dover Drive) Utility was presented with an excerpt from Minutes of District January 12, 1971 Board of Supervisors meeting No 2 indicating that the City of Newport Beach's letter requesting allocation of funds to construct under- ground utilities adjacent to the County -owned Sea Scout Base was ordered referred to County Adminis- trative Officer to report on County's policy on utility priorities and to set the matter for discussion at the • upcoming Mayors' and Managers' meeting. Motion x A public hearing was set for 7:30 P. M. on March 8, Ayes Kxxxxxx 1971 to determine whether public necessity, health, safety, or welfare requires the removal of poles, overhead wires, and associated structures, and the underground installation of wires and facilities for supplying electric, communication, or similar or associated services in that area of the City designated as Underground Utility District No. 2 (Pacific Coast Highway from Riverside Avenue to Dover Drive). 5. A report was presented from the Public Works 32nd St & Director regarding property appraisal for the exten- Seashore sion of 32nd Street from Balboa Boulevard to Seashore Drive Drive and Seashore Drive from 33rd Street to 32nd Extensior Street. Motion x The staff was authorized to retain George Hamilton Ayes Xxxxxxx Jones, M.A. I. , to perform subject appraisal. • Volume 25 - Page 19 st LS COUNCILMEN 2� 9 cF��s ROLL CALL CITY OF NEWPORT BEACH January 25, 1971 MINUTES INDEX • CONSENT CALENDAR: Motion x The following items were approved by one motion af- Ayes xxxxxxx firming the actions on the Consent Calendar: 1. The following Advisory Communications were ordered filed: Letter from Cliff Haven Community Association thanking Council for installation of sidewalk on Cliff Drive between Kings Place and Dover Drive. Letter from Attorney Melvin Simon asking if City has made an eligibility application to Washington for the flood insurance program and copy of Harbor and Tide- lands Administrator's reply. Letters protesting the business license fees from Earl V. Nellesen; Michael A. Newman, president of Mister Britches, Inc. ; Roger F. Lemburg, Lemburg Auto Supplies; Mrs. Andrew Martin; John Casulas; V. B. Krug; Ernest Paplham, ABC Maintenance; and Margaret Weimar, Marge's Drapery Designs. Resolution of Board of Supervisors stating that it will Or Co • be the policy of the Board to maintain the present Airport permissible level of jet air carrier service at Orange County Airport within the terms of existing leases with commercial carriers until said leases have expired, and that upon expiration of the existing lease the Board will reexamine the matter of the level of jet air operations in the light of noise and other relevant factors as they then exist. Excerpt of Minutes of Board of Supervisors' meeting Civic of January 12, 1971 indicating that the proposed Center selection of an Architect - Engineer firm for design of the Harbor Judicial District Courts was continued to February 10, 1971. Letter to City Clerk from the Assistant Secretary for Public Affairs, Department of State, stating that President Nixon had asked him to acknowledge receipt of the resolution regarding prisoners of war and stating they are glad to know of the concern of the members of the City Council of Newport Beach whose action in adopting this resolution is a way of showing the North Vietnamese leaders that the American peopl have not forgotten the men Hanoi holds and that the communist authorities will be held accountable for . their treatment. Volume 25 - Page 20 COUNCILMEN 3��aos y 3 ° ��9 FPN ROLL CALL CITY OF NEWPORT BEACH January 25, 1971 MINUTES INDEX Notice from State Controller Flournoy regarding Motor Vehicle License Fee Fund, and showing New- port Beach's apportionment for the period June. 1, 1970 through November 30, 1970 to be $36, 056. 17, based on a population figure of 47, 800 (1960 census plus adjustments). Letter from City of Huntington Beach enclosing copy SCAG of a resolution urging that Southern California Associ- ation of Governments (SCAG) consider the adoption of _ a policy to oppose any bill on a State or Federal level which does not involve local government in the decision - making process regarding the orderly physical development of a region. Letter from City of Costa Mesa advising of its Council's adoption of a resolution expressing its con - cern over the inhumane treatment being given to American prisoners of war held by the Government of North Vietnam. Copy of letter from California Water Resources Association in answer to inquiry from students of Campolindo High School regarding the California Water Plan and, more specifically, the Peripheral • Canal. Letter from California Water Resources Association enclosing four newspaper clippings which they "hope will serve to alert you to some extreme proposals some environmental advocates are advancing to halt or postpone totally- needed water development - as well as the reaction of two Northern California news- papers to such general thinking. " Letter from City of Westminster with copy of letter sent to various State Legislators in an attempt to create an awareness of the financial problems of cities. Information bulletin from Department of Housing and Community Development, Division of Building and Housing Standards, calling attention to the passage of A. B. 2300 which amends provisions of the State Housing Law which applies to apartment houses, motels, hotels and dwellings in all parts of the state. Agenda of Board of Supervisors meetings held January 12, 13, 19 and 20, 1971. • Volume 25 - Page 21 COUNCILMEN O $f9200'a n O iy2 -per pG N . ROLL CALL s v -" CITY OF NEWPORT BEACH January 25. 1971 MINUTES itinFx Letter from Carolyn H. Hunt regarding upper New- port Bay land exchange, and a letter from Hildegarde Howard regarding possible rich deposit of fossils in the Back Bay. Copy of resolution of Board of Supervisors which Tidelands among other things continues the matter of rates for Use private moorings and piers until consultant's report Fees is received and analyzed, establishes a charge for commercial marinas and instructs the County Sur- veyor to survey County's property line on Harbor Island. Copy of letter from City Attorney Tully Seymour to Special Walter J. Koch, President of Citizens' Coordinating Municipal Committee, regarding a Writ of Mandate served on Election the City Clerk in connection with the Special Municipal Election to vote on Initiative Measures relating to the Pacific Coast Freeway. 2. The following communications were referred as indicated: Referred to staff for appropriate action, letter from Annex 75 Local Agency Formation Commission advising that • proposed annexation to the City of Newport Beach designated Harbor View Hills Annexation Phase 4, Annexation No. 75, has been set for hearing Febru- ary 10. Referred to staff for reply, letter to Councilman Helicopter Parsons and City Council from Bee Longley protesting Noise helicopter noise over Corona del Mar. Referred to staff for reply, letter from Donald L. Francis regarding traffic citation in a recreation area Referred to staff for reply, letter from Alice Culver regarding natural and esthetic values of Upper New- port Bay. Referred to staff for reply, card addressed to Council- man Parsons asking that Police jeeps and other City vehicles not cover Balboa beach with tire tracks. Referred to Pending Legislation Committee, reso- lution of City of Vallejo urging all cities in the State to support and adopt recommendations contained in report entitled "Allocation of Public Service Responsi bilities" by California Council on Intergovernmental • Relations. Volume 25 - Page 22 COUNCILMEN 3 0 �'� po °a rP ROLL CALL CITY OF NEWPORT BEACH January 25, 1971 MINUTES INDEX Referred to Pending Legislation Committee, copy of • resolution of City of Rialto expressing concern re- garding request for a 16. 2 %u rate increase by the Southern California Edison Company to the California Public Utilities Commission. Referred to Pending Legislation Committee, reso- lution of City of San Mateo memorializing the Cali- fornia Legislature to provide meaningful tax relief for the homeowner by enacting legislation for tax reform which embodies a balanced revenue program to meet the ongoing needs of cities. Referred to Pending Legislation Committee, letter from City of Westminster enclosing copy of resolution asking for adoption of a similar resolution urging the Orange County Board of Supervisors to follow the recommendations of the 1970 Orange County Grand Jury Report on Orange County Sheriff's Office. 3. The following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: Resolution No. 7362 authorizing execution of a quit- Tr 6680 • claim deed to the Irvine Industrial Complex re access R -7362 easement across Lot 5, Tract No. 6680, Bison Avenu and Camelback Street in Irvine's North Ford Industria Complex. (A report from the Public Works Director was presented. ) Resolution No. 7363 authorizing execution of a grant Civic deed conveying real property to the County of Orange Center for use as a site for Municipal Court facilities. R -7363 Resolution No. 7364 appointing election officers and Special establishing their compensation, designating polling Municipal places, and providing for the opening and closing of Election the polls for the Special Municipal Election to be held R -7364 on March 9, 1971. Resolution No. 7365 authorizing the execution of an Resub 292 agreement with Texaco, Inc., Subdivider, for the R -7365 construction of improvements in Resubdivision No. 292, northwest corner of Jamboree Road and San Joaquin Hills Road intersection. (A report from the Public Works Director was presented.) Volume 25 - Page 23 COUNCILMEN �ta+yo q yy f FP'�pG$`�yyn ROLL CALL CITY Of NEWPORT BEACH January 25, 1971 MINUTES INDEX Resolution No. 7366 accepting the dedication of storm Tr 1218 • drain easements in Tract 1218, from 15th Street to R -7366 Dover Drive, adjacent to Newport Harbor High School. (A report from the Public Works Director was pre- sented.) 4. The following claims for damages were denied, and Claims the City Clerk's referral of the claims to the insuranc carrier was confirmed: Claim of Robert Basham for damage to his car on Basham December 29, 1970 on Iris Avenue in Corona del Mar, allegedly caused when a "tree root flew through air" and struck his automobile. Claim of Mrs. Charles H. Fournier for personal Fournier injuries allegedly sustained when she tripped over uneven sidewalk in front of the Post Office on River- side Avenue on December 7, 1970. Claim of H. Ward Lester for plumber bills on Lester January 10, 1971, allegedly incurred unnecessarily because the City main line was stopped.: Claim of Lea Gibbs for damage to her property on Gibbs • December 21, 1970 when a large eucalyptus tree fell on her property, allegedly because part of the base and approximately half of the roots had been severed and removed in connection with the improvements on Second Avenue. 5. The public improvements constructed in conjunction Tr 6996 with Tract No. 6996, located at Vista Del Oro and Vista Roma in the North Bluff planned residential development, were accepted; and the City Clerk was authorized to release Faithful Performance Bond No. 7101962 and to release the Labor and Materials Bond in six months provided no claims have been filed. _(A report from the Public Works Director was presented.) 6. The public improvements constructed in conjunction Tr 6152 with Tract No. 6152, located easterly of Marguerite Avenue and southerly of San Joaquin Hills Road, were accepted; and the City Clerk was authorized to release Faithful Performance Bond No. 356836 and to release the Labor and Materials Bond in six months provided no claims have been filed. (A report from the Public Works Director was presented.) • Volume 25 - Page 24 COUNCILMEN ;�PZC�O'o yyc cF ROLL CALL CITY OF NEWPORT BEACH January 25, 1971 MINUTES INDEX I? 7. The plans and specifications for traffic signal Traffic • installation at Eastbluff Drive (north) at Jamboree Signal - Road and Irvine Avenue and at Santiago Drive, .Con- Eastbluff/ tract No. 1259, were approved; and the City Clerk Jamboree was authorized to advertise for bids to be opened at Irvine/ 3:00 P. M., February 10, 1971. (A report from the Santiago Public Works Director was presented.) 8. Inclusion of the drain at the intersection of Balboa BI Storm Avenue and the west side of the Grand Canal in the Drain preliminary list of Capital Projects for fiscal year 1971 -72 was approved. (A report from the Public Works Director was presented.) 9. The following Budget. Amendments were approved: . BA -45, $1, 600 transfer of Budget Appropriations to provide for additional funds for the construction of a protective rock apron for Buck Gully Bottom Control Structure from Unappropriated Contingency Reserve to Buck Gully Bottom Control Structure, General Fund. BA -46, $5, 875 transfer of Budget Appropriations for purchase and installation of new sound system in the • Council Chambers from Unappropriated Contingency Reserve to Nondepartmental -Equipment N. O. C., General Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter was presented from the Orange County Road Pacific Department regarding the allocation of funds for the Coast Arterial Highway Financing Program in connection Fwy with the Pacific Coast Freeway with a draft copy of a suggested reply from the Public Works Director. _ The Public Works Director read in full the suggested Motion x reply, which was approved for transmittal to the Ayes Kxxxxxx Orange County Road Department and the letter from the County Road Department was ordered filed. Volume 25 - Page 25 I? COUNCILMEN 31�'Psoaov �yy r °FP -A "� "� ROLL CALL s N CITY OF NEWPORT BEACH January 25. 1971 MINUTES Wort' • ADDITIONAL BUSINESS: 1. A report from the Civic Center Building Committee Civic regarding instructions for Civic Center design effort Center was presented. The letter of instructions as submitted by the Civic Motion x Center Building Committee was approved and it was Ayes xxxxxxx directed that said letter be forwarded to Welton Becket and Associates for undertaking schematic drawings for the Civic Center program, and the staff was instructed to revise the summary of Civic Center space requirements to meet the objectives of the Committee's recommendations. Motion x 2. The following Budget Amendment was approved: City Hall Ayes xxxxxxx Annex BA -47, $600 transfer of Budget Appropriations to _ BA -47 provide for additional space in the City Hall Annex building (Baldwin Building at 503 - 32nd St.) com- mencing February 1, 1971 from Unappropriated.Con- tingency Reserve to Nondepartmental, Rental of Property, General Fund. • 3. A report from the City Manager regarding a proposed temporary power line easement over City property Power Line (future 19th Street along southerly side of the former Easement City dump site) was presented. Resolution No. 7367, authorizing execution of a R -7367 temporary power line easement over City property, Motion x was adopted after the reading was waived by unani- Ayes xxxxxxx mous consent of the Council and subject to the condition that when the power line is relocated to a permanent position, the location is to be approved by the City. Motion x The meeting was adjourned at 11;50 P.M. Ayes xxxxxxx Mayor ATTEST: City Clerk • Volume 25 - Page 26