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Home My WebLink About02/08/1971 - Regular MeetingCOUNCILMEN ROLL CALL Present x x x Wsent Motion x Ayes x x x Absent i I i CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: February 8, 1971 Roll Call: The reading of the Minutes of the Regular Meeting of January 25, 1971 was waived, and said Minutes were approved as written and ordered filed. HEARINGS: MINUTES 1. Mayor Hirth opened the public hearing regarding the appeal of The Irvine Company from the decision of the Planning Commission denying Use Permit No. 1494, a request to permit construction of a 260 unit apartment house complex on portion of Block 94, Irvine's Subdivision, located on the southwest corner of Pacific Coast Highway and Jamboree Road, north of the proposed realignment of Bayside Drive (Prom- ontory Point). A report from the Planning Director regarding the findings of the Planning Commission was presented with letters opposing the proposed Promontory Point development from Alan L. Blum, Ruth Blum and the Board of Directors of the Woman's Civic League of Newport Harbor. The City Clerk stated that a letter had.been received from The Irvine Company stating that certain matters in connection with Promontory Point development remained unresolved, and requesting the City Council to return Use Permit No. 1494 to the Planning Com- mission for deliberation and response on said matters She also stated that in addition to the letters hsted'on the agenda, 'there had been received ' fhirty -two protes letters and fifteen protest telegrams.. Jim Taylor, Director of Planning for The Irvine Com- pany, spoke regarding the seven key elements as mentioned in the letter above. The following people spoke from the audience pro- testing high density use on Promontory Point: Dr. . S. R. Nord, Colonel Franklin, Joe Mariscal. Harvey Pease, Mrs. Herbert Gocke, Joe Arnold; Tom Houston, President of the Balboa Island Improvement Association; Dr. Robert Hendricks, representing the Irvine Homeowners Association; Brooks Bernard, Secretary of Breakers Drive Association and Tom Hyans, President of the Central Newport Beach Com- Volume 25 - Page 27' INDEX Promon- tory Point COUNCILMEN O 'O c�2 300 9� PO Qn�9?o N9 LPN �' (Ny ROLL CALL CITY OF NEWPORT BEACH MINUTES February 8, 1971 INDEX munity Association. Carroll Beek spoke from the . audience regarding the possibility of using an under- pass across the Coast Highway. Traffic Engineer Robert Jaffe gave a brief staff report. Motion x The hearing was closed. Ayes xxxxxx Absent x Planning Director Larry Wilson gave a brief report on the Master Land Use Plan. Motion x The matter was referred back to the Planning Com- Ayes xxxxxx mission, without prejudice, for study of a total plan Absent x for all that area between the Coast Highway and the bay, using as guidelines the major points in the New- port Tomorrow Residential Goals Committee's report regarding future development,and to explore the following possibilities: (1) Windows to the bay, (2) In- creasing the amount of publicly accessible open space, (3) Softening the visual impact of structures on the site as viewed from B'ayside Drive, (4) Further mini- mizing the effects of traffic generated by the project, (5) Points raised in January 11 staff report on public access and vista points to Promontory Bay; as well . as to come up with answers to some of the questions raised in The Irvine Company letter dated February 3. The Mayor was directed to appoint two Councilmen to serve on a committee with two Planning Commis =' sioners and a representative of the Balboa Island Improvement Association so that ideas and informatio could be passed on directly from the Council to the Planning Commission. RECESS for ten minutes was declared by Mayor Hirth. The Council reconvened with all members present except Councilman Parsons. Mayor Hirth welcomed members of Boy Scout Troop No. 79 who were in the audience. 2. Continued public hearing in connection with Ordinance Civic 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- • Volume 25 - Page 28 COUNCILMEN �� Po Z c+P o r 'y os'�o A N�9 �P- ROLL CALL CITY OF NEWPORT BEACH February 8, 1971 MINUTES INDEX • 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. A report from the Planning Director was presented with a letter addressed to the Mayor from the Com- munity Associations of Broadmoor Harbor View, Broadmoor Hills and Harbor View Hills requesting that the hearing be continued for sixty (60) days. The City Clerk stated that in addition to the letters listed on the agenda, there had been received a letter from the Harbor View Hills Community Association stating it is in favor of the proposed sight plane ordi- nance and it only agreed to request a sixty -day post- ponement so the C -N -H and C- O -H -UL zoned areas could be discussed together, and a letter had also been received from the Broadmoor Hills Community Association requesting that a survey and study be • made and that necessary action be taken to preserve unobstructed views from the Broadmoor homes site. Planning Director Larry Wilson gave a staff report. John Carlson, member of the Board of Directors of the Broadmoor Harbor View Community Association, requested a postponement of the ordinance. Ed Cavanaugh, a homeowner in the Broadmoor area, requested assistance from the City Planning Director in the study to be made by the residents. Dave Gambill and Lois L. Water spoke from the audience regarding the 85 -foot limitation on the northern end of the area. Motion x The hearing was continued to February 22, 1971. Ayes xxxxxx Absent x • Volume 25 - Page 29 COUNCILMEN ?�1-�Zn Oq 2y� iN 9 PN S C ( Z ROLL CALL ✓ CITY OF NEWPORT BEACH February 8, 1971 MINUTES INDEX ORDINANCES FOR ADOPTION: • 1. Emergency Ordinance No. 1372, being, Lower Newport AN EMERGENCY ORDINANCE OF THE CITY OF Bay Civic NEWPORT BEACH ESTABLISHING INTERIM Dist ZONING REGULATIONS IMPOSING A MAXIMUM BUILDING HEIGHT LIMIT WITHIN THE AREA KNOWN AS THE PROPOSED LOWER NEWPORT BAY CIVIC DISTRICT, prohibiting, for a period of ninety days, the issuance of building permits for any structure within the Lower Newport Bay Civic District study area which exceeds thirty -five feet in height. Motion x Emergency Ordinance No. 1372 was set for public Ayes x x x x x x hearing on February 22, 1971. Absent x ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1373, being, Water Rate s AN ORDINANCE OF THE CITY OF NEWPORT • BEACH AMENDING SECTION 14.12. 090 OF THE NEWPORT BEACH MUNICIPAL CODE TO IN- CREASE WATER RATES, being a 3 -step quantity charge per hundred cubic feet per month per meter, was presented. Motion X Ordinance No. 1373 was introduced and passed to Ayes xxxxxx second reading on February 22, 1971. Absent x 2. Proposed Ordinance No. 1374, being, Business License AN ORDINANCE OF THE CITY OF NEWPORT Rentals BEACH ADDING SECTION 5. 04. 105 TO THE NEWPORT BEACH MUNICIPAL CODE PRO- VIDING EXEMPTION FOR RESIDENTIAL RENTAL UNITS, providing for exemption of a business license for rental of two or less residential units, was presented with a report from the City Attorney. Motion x Ordinance No. 1374 was introduced and passed to es x x x x x x second reading on February 22, 1971. sent Volume 25 - Page 30 COUNCILMEN 3 IL 'P o q y2 9"m��'yp °c'"9'°� ROLL CALL � N �^ CITY OF NEWPORT BEACH February 8, 1971 MINUTES INDEX 3. Proposed Ordinance No. 1375, being, Business . License AN ORDINANCE OF THE CITY OF NEWPORT Penalties BEACH AMENDING SECTION 5.04. 210 OF THE NEWPORT BEACH MUNICIPAL CODE RELATIN TO DELINQUENT PENALTIES FOR THE CALEN DAR YEAR 1971, establishing March 1 as the penalty date for business license renewals in 1971, was presented with a report from the City Manager. Motion x Ordinance No. 1375 was introduced and passed to Ayes x x x x x x second reading on February 22, 1971. Absent x CONTINUED BUSINESS: 1. A report was presented from the City Manager Comm regarding elimination of the Planning Department and Dev Dept the Building Department and creation of the Com- munity Development Department. Motion x The following resolutions were adopted after the Ayes x x x x x x reading of the resolutions was waived by unanimous �bsent x consent of the Council: Resolution No. 7368 amending Resolution No. R -7368 7227, which adopted a Municipal Employees Compensation Plan for 1970 -71. Resolution No. 7369 amending Resolution No. R -7369 7228, which designated key personnel positions. Z. A report was presented from the City Manager rela- One Bank tive to awarding the one bank -one account banking One Acct services. Motion x The matter was postponed until February 22,for the Ayes xxxxxx City Attorney to review the contract and for copies Absent x of the contract to be provided to the City Council for review. Motion x 3. The City Clerk was directed to place the off -site Off -stree Ayes x x x x x x parking agreement with Dr. Harry Alexon, Mackerel Parking Absent x Flats Crab House, 100 Main Street, Balboa, Use Permit No. 1476, on the Council agenda for action at such time as the applicant has furnished an execute parking agreement satisfactory to the City Attorney • and the Planning Director. Volume 25 - Page 31 COUNCILMEN 1i 'F95C�0'o � O P ? O 9 yy� OF -A OG r� 9N ROLL CALL . 9 �Ny ` �^ CITY OF NEWPORT BEACH February 8, 1971 MINUTES INDEX 4. A report was presented from the City Manager Council • regarding the Council Policy Manual. Policy Manual Councilman McInnis read in full a new Council Policy statement on streets and highways. Motion x The Street and Highway Policy, L -3, was adopted; and Street & Ayes x x x x x x all the statements in the Council Policy Manual were Hwy Absent x reaffirmed. Policy CURRENT BUSINESS: 1. A letter was presented from the Board of Directors OrCo of the Orange County Water District regarding the Water Dist problems of water in Orange County and stating they would be happy to have a representative appear before the Council to give a resume of their activities, work programs.and objectives. Motion x The staff was directed to arrange a presentation to Ayes x x x x x x the Water Committee at its next meeting. Absent x 2. A letter from the Orange Coast YMCA requesting YMCA otion x waiver of the $100 registration fee for licensing of its Massage yes x x x x x x massage services was referred to staff for report Parlors Absent x back on February 22, 1971. 3. A letter from Phillip A. Bowers, Jr., Representative Personnel of the Newport Beach City Employees Association, Classifi- regarding proposal for future salary- setting pro- cation Motion x cedures for the City, was referred to the City Manag- Study Ayes xxxxxx er to take into consideration during the negotiation Absent x period with the Newport Beach City Employees Associations. 4. A report from the City Manager regarding a report Drug prepared by the Drug Abuse Strike Force of the Abuse Orange County Criminal Justice Council dated December, 1970 and entitled "New Approach to Drug Motion x Abuse" and a draft letter to the Orange County Crim- Ayes xxxxxx inal Justice Council stating the official City Council Absent x position on the report were postponed to February 22. 5. A report was presented from the City Manager Police regarding the 1970 Orange County Grand Jury Report Communi- on Communications. cations Volume 25 - Page 32 COUNCILMEN A 3'F 9 y o o A n .� O y 79 ROLL CALL CITY OF NEWPORT BEACH February 8, 1971 MINUTES INDEX otion The Mayor was directed to submit a letter to the es 0 bbsent x x x x x Orange County Grand Jury and the California Council x on Criminal Justice indicating approval of the grant application for law enforcement assistance adminis- tration funding of the project, 6. A report was presented from the Public Works TASC/ Director regarding merger of transportation and SCAG planning activities of the Transportation Association of Southern California (TASC) and Southern California Association of Governments (SCAG). Resolution No. 7370, consenting to the dissolution of R -7370 Motion x the Transportation Association of Southern California, Ayes x x x x x was adopted after the reading of the resolution was Absent x waived by unanimous consent of the Council. CONSENT CALENDAR: Motion x The following items were approved by one motion af- Ayes xxxxxx firming the actions on the Consent Calendar: Absent x 1. The following Advisory Communications were ordered filed: • Opinion from the City Attorney concerning City's Adams/ water rights in connection with the property at Adams Brookhurst Avenue and Brookhurst Street in the City of Huntington Water Beach. Rights Letter to City Clerk from Governor Reagan regarding POW's prisoners of war, setting forth his sentiments and stating that he will continue to work for more humane treatment of our prisoners of war and for their safe return home. Card from Roy Collins stating his views on Newport Beach city government. Letters opposing the Pacific Coast Freeway from Bettie B. Arnold and Mrs. Earl Ebi. Letter from Mrs. Jerrie Holmes in support of existing route for Pacific Coast Freeway. Excerpt from minutes of Board of Supervisors meeting Or Co of January 26 authorizing a license between County of Airport Orange and Northrop Corporation for use of Orange • County Airport for the production of a noncommercial film-on the Airport Monitoring System. Volume 25 - Page 33 COUNCILMEN c2y ROLL CALL CITY OF NEWPORT BEACH February 8, 1971 MINUTES INDEX Letters asking for protection for Upper. Newport Bay • from John D. Goodrich, Mrs. Hal Jehle and Merton E Hinshaw, Director of Charles W. Bowers Memorial Museum. Letter from Alan Blum thanking Council for its decision in rejecting the request for a nine -unit motel on Balboa Island. Letter from City of Costa Mesa enclosing resolution urging that Southern California Agency of Government (SCAG) consider the adoption of a policy to oppose any bill on a state or federal level which does not involve local government elected representation in the decision- making process regarding the orderly physical development of a region. Copy of letter to Chief of Police Glavas from West Newport Improvement Association expressing ap- preciation for his letter outlining the background and purposes of the new helicopter surveillance system and for the excellent police protection being provided to West Newport. Copy of letter to Board of Supervisors from the • County Administrative Officer in connection with the proposed County Human Relations Commission. Letter from California Water Resources Association enclosing excerpts from a speech by the Honorable Norman B. Livermore, Jr. , Secretary, State Re- sources Agency in connection with the De1ta.Periph- eral Canal. Notice from Local Agency Formation Commission of hearing on February 10 in connection with proposed annexation to Costa Mesa Sanitary District designated Engineer's No. 133 Annexation, located southerly of 19th Street and westerly of Whittier Avenue in Costa Mesa. Letters from Cities of Monterey Park, Culver City and Upland enclosing copies of resolutions opposing the request for rate increase by the Southern Cali- fornia Edison Company. Letter from League of California Cities regarding League League Committee appointments by new League presi- Apptmts dent, and indicating the appointment of City Manager Volume 25 - Page 34 COUNCILMEN 3��yoo� y23 ON�9AN ROLL CALL pv yNS CITY OF NEWPORT BEACH February 8, 1971 MINUTES INDEX Harvey L. Hurlburt to Committee on Urban Environ- • mental Quality and Planning Director Laurence Wilson as member of the Committee on Transporta- tion, Notice from League of California Cities announcing. Institute on Labor Relations for City Officials. Letters from City of Westminster with corrections and exhibits to Preliminary Draft of League of Cities Special Districts Committee Report. Notice of hearing before Public Utilities Commission in the matter of South Coast Transit Corp. application for authority to adjust rates and abandon certain ser- vice. Notice of prehearing conference before Public Utilities Commission in connection with application of Western Union Telegraph Company for an order autho. rizing it to revise certain rates and charges. Excerpt of minutes of Board of Supervisors meeting of January 12 regarding tax cancellation in connection with Newport Beach Civic Center property. • Agenda for Board of Supervisors meetings held January 26, 27, February 2 and 3, 1971. 2. The following communications were referred as indicated: Referred to staff for reply, letter from Robert W. 32nd St Pettit regarding assessment of taxes on property on Widening 32nd Street. Referred to staff for reply, letter from Ann G_ and Police J. K. Fowlkes regarding right of police to stop, Harass - search and interrogate young people. ment Referred to staff for reply, letter from Nicholas D. Police Adams complaining against the noise caused by the Helicopte Newport Beach Police helicopter. Referred to staff, letters from Mrs. Penny Zimmer- Hare man, Mrs. Maria Goen and the Balboa Island Im- Krishna provement Association asking that the "Hare Krishna" group not be permitted in Newport Beach. • Volume 25 - Page 35 COUNCILMEN �t�aoso o � yy %,99,5' <!2 ROLL CALL N CITY OF NEWPORT BEACH February 8, 1971 MINUTES INDEX Referred to staff, letter from Michael D. Fowlkes Hare • asking that the Krishna sect be allowed to operate in Krishna Newport Beach. Referred to Pending Legislation Committee, letter SCAG from City of Camarillo regarding Southern California General Assembly (SCAG), February 9- 10 -11, 1971 in connection with possible attempt to establish pre- cedent setting pre - eruption of local powers. Referred to staff for reply, letter from Local Agency Formation Commission regarding program for establishing Spheres of Influence for Orange County Cities. Referred to Planning Commission, letter from Bay & Beach Realty, Inc. supporting the proposed construc- tion of three duplex buildings by Mr, Robert Warming ton on property located between Catalina Drive and Santa Ana Avenue. Referred to staff for reply, letter from James E. Ocean Harrington requesting reconsideration of a resolution Blvd passed by the Council on April 13, 1970 declaring that a road situated between Marguerite and Narcissus • Avenue in Corona del Mar, actually Ocean Boulevard, is not the responsibility of the City, and copy of a report from Public Works Director presented to Council on January 12, 1970. Referred to staff for reply, letters`.prote.stirig busines license'.fees frbrin.Lois. Craghill,' -Marcial; D., Mahoney, Moyer A. Schidlowski, Wm. Wedgeworth, Jr., Joseph W. Slowikowski and Norman G. Slatter. Referred to staff for appropriate action, notice from Annex 75 Local Agency Formation Commission of hearing on February 10 in connection with proposed annexation to the City of Newport Beach designated Harbor View Hills - Phase 4, located at the southwest corner of San Joagain Hills Road and Spy Glass Hill Road, designated Annexation No. 75, and copy of letter to Local Agency Formation Commission from Orange County Flood Control District in connection with Harbor View Hills Annexation -Phase 4. s Volume 25 - Page 36 COUNCILMEN yy�c�A�� ROLL CALL s v u CITY OF NEWPORT BEACH February 8. 1971 MINUTES INDEX 3. The following resolutions were adopted after the • reading of the resolutions was waived by unanimous consent of the Council: Resolution No. 7371 awarding a contract to Baxter- Iry Ave Griffin Co. of Anaheim for street light modifications Str on Irvine Avenue, 23rd Street to Santa Isabel Avenue, Modif Contract No. 1330, in the amount of $6, 375. (A R -7371 report from the Public Works Director was presented.) Resolution No. 7372 urging the League of California Pollution Cities and the County Supervisors Association of R -7372 California to seek action to alleviate the problem of litter and waste disposal created by the sale of beverages in disposable, non - returnable containers. Resolution No. 7373 declaring intention to hold a CATV public hearing on February 22, 1971 for the purpose R -7373 of considering the transfer of a community antenna television franchise from Newport Beach Cablevision, Inc. , to TelePrompter Corporation. 4. The following claims for damages were denied, and Claims the City Clerk's referral of the claims to the insur- ance carrier was confirmed: Claim of Walter K. Christoffers for damage to his Chr.istoffer.s car on January 20, 1971, allegedly caused when it was involved in an accident with a City vehicle. Claim of Judy G. Runnels filed by Automobile Club Runnels of Southern California for damage to the Runnels car on January 2, 1971 when it was involved in an acci- dent with a City vehicle. 5. The only bid received on the Sand. Replenis.hment,on BI Sand Balboa Island Beaches, 1970 -71, Contract No. 1326, Replenish - which was from L. Curti Truck and Equipment, ment Artesia, in the amount of $25, 300, was rejected. (A report from the Public Works Director was pre- sented.) 6. The City Manager was authorized to accept a Grant 32nd St of Easement, at a cost of $500, for a cutoff at the Widening northwesterly corner of Newport Boulevard and 32nd Street from Hubert C. and Doris V. Barker and Hoyte E. and Esther Barker. (A report from the Public Works Director was presented.) • Volume 25 - Page 37 COUNCILMEN 3��+so o.0 ��o pPOr 2�l cc^�N k'o tp � ROLL CALL v � CITY OF NEWPORT BEACH February 8, 1971 MINUTES INDEX Ave nts 277 lent ad 7. The work was accepted for the construction of the Irvine . • Irvine Avenue Improvements from 20th to 21st Street, Imprvr. Contract No. 1309, and the City Clerk was authorized to file a Notice of Completion and to release the bonds 35 days after Notice of Completion has been filed. (A report from the Public Works Director was pre - sented.) 8. The public improvements constructed in conjunction Resub with Resubdivision No. 277, Irvine Avenue between 20th and 21st Streets, were accepted; and the City Clerk was authorized to release Faithful Performance Bond No. 04- 306 - 793424 and to release the Labor and Materials Bond in six months provided no claims have been filed; and construction of the sidewalk along the Irvine Avenue frontage was deferred. (A report from the Public Works Director was presented. ) 9. The Finance Director was authorized to refund $19.00'Weed for Parcel Number 047- 082 -16, due to error made Abaten in assessment list sent to the Orange County Collec- Refund tor's office for the Fall 1969 and Spring 1970 Weed Abatement Program. 10. The following Budget Amendments were approved: • BA -48, $100 transfer of Budget Appropriations for Howard Langley for organizing "Ficker Day" from Unappropriated Contingency Reserve to Nondepart- mental Advertising and Public Relations, General Fund. BA -49, $1, 250 increase in Budget Appropriations and Revenue Estimates for purchase of playground equip- ment with donation of $1, 250 from Costa Mesa -New- port Harbor Lions Club for playground equipment for Las Arenas Park. (A report from the City Manager was presented. ) ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Resolution No. 7374, awarding a contract to Traut- 43rd St wein Brothers of Newport Beach for the construction 'Bulkhe of a bulkhead adjacent to 43rd Street and the Rivo R -7379 Alto, Contract No. 1323, in the amount of $7, 380, Motion x was adopted after the reading of the resolution was Ayes x x x x x x waived by unanimous consent of the Council; and the Absent x staff was directed to report back to Council regarding • the advisability of disposing of the property. Volume 25 - Page 38 Ave nts 277 lent ad COUNCILMEN �s�aosoo� 2 3 0 ��,�'o s�9 F,�Ny ROLL CALL • Motion Aye s Absent Motion Ayes Absent Motion Ayes Absent • Motion Ayes Absent 0 CITY OF NEWPORT BEACH February 8. 1971 MINUTES INDEX Dog License Boundaries Special Election 2. A letter from Paula Wilson protesting the late license penalty for dog tags was presented. Miss Wilson spoke from the audience. x Subject letter was ordered filed. xxxxxx x ADDITIONAL BUSINESS: 1. It was directed that the City initiate planning, jointly xxxxxx with the City of Laguna Beach, of the coastal area x between the cities of Newport Beach and Laguna Beach: including determination of boundaries. x 2. The following Minute Resolution was adopted: xxxxxx x "The City Council of the City of Newport Beach unanimously agrees that the people have a right to expression by ballot with respect to the initiative and referendum now set for special election on March 9, 1971; and that it is the duty of this City and this City Council to defend the actions of the City Council and City "Clerk'.iri any legal action which may be taken to prevent such special election. " Mayor Hirth stated that the regularly scheduled Study Session for February 15, 1971 would not be held. x The meeting was adjourned at 11:28 P.M. xxxxxx x Mayor ATTEST --city Clerk Volume 25 - Page 39 INDEX Dog License Boundaries Special Election