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Home My WebLink About06/28/1971 - Regular MeetingCOUNCILMEN � o y�c+�'�o�na s�T �9N S < < a$ ROLL CALL w CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: June 28, 1971 MINUTES Present x x x x x x x Roll Call: • The reading of the Minutes of the Regular Meeting of June 14 and of the Adjourned Meeting of June 21, 1971 was waived, the Minutes of the Regular Meeting of June 14 were approved as amended, the Minutes of the Motion x Adjourned Meeting of June 21, 1971 were approved as Ayes x x x x x x x written, and said Minutes were ordered filed. HEARINGS: 1. Mayor Hirth opened the public hearing for the purpose of considering the Preliminary Budget as prepared by the Acting City Manager for the Fiscal Year 1971 -72, pursuant to Section 1102 of the City Charter. Mrs. Richard Lyon, President of the Balboa Peninsulz Point Association, and Mrs. Wilson, Secretary of the Balboa Peninsula.Point Association, spoke from the audience and requested that no water fountains or metered parking spaces be included in the West Jetty View Park plans. No one else desired to be heard. notion x The hearing was closed. Ayes xxxxxxx Resolution No. 7455, adopting the Budget for the 1971- 72,Fiscal Year, in the amount of $12, 969, 090, Motion x was adopted after the reading of the resolution was Ayes xxxxxxx waived by unanimous consent of the Council. 2. Mayor Hirth opened the public hearing regarding the appeal of Donald W. Steinke, applicant; and Marian Craig, owner; submitted by Roy B. Woolsey, their attorney; from the decision of the Planning Com- mission denying Use Permit No. 1532 which requested permission for a Kentucky Fried Chicken take -out restaurant in a C -1 District, located at 2007 West Balboa Boulevard on the south side of West Balboa between 20th and 21st Street. ' The application to appeal, filed by Attorney Woolsey, was presented with a report from the Assistant Community Development Director. Volume 25 - Page 176 INDEX Budget West J164i View Park R. -7455 Kentucky Fried Chicken Appeal COUNCILMEN %1 ao N 7 'y 3 c �,�9 �a ROLL CALL CITY OF NEWPORT BEACH June 28. 1971 MINUTES INDEX Assistant Community Development Director Jim • Hewicker gave a staff report regarding the findings of the Planning Commission. r Roy Woolsey, attorney for the applicants; Don Steinke, applicant; and Hazel Jones, representing the owner,. Marian Craig; spoke from the audience. No one else desired to be heard. Motion x The hearing was closed. Ayes xxxxxxx Motion x The appeal was denied, and the decision of the Ayes x x x xx Planning Commission was sustained. Noes x x 3. Mayor Hirth opened the public hearing in connection Dist with Ordinance No. 1391, being, Map 1 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 1, Planning Commission Amendment No. 291, request • of Patrick O'Connor to change Lots b, 7 and 8, Block 8 and Lot 9, Block 7 of Seashore Colony Tract, located at 207, 209, 210 and 211 Orange Street north of West Coast Highway and south of Newport Shores Drive, from a C -1 -H District to an R -2 District. Assistant Community Development: Director Jim Hewicker gave a brief staff report. John Shea, representing the Newport Shores Com- munity Association, spoke from the audience and requested postponement until the Traffic Engineer studied the area regarding safety at that corner. Motion x The hearing was continued to July 12, 1971. Ayes xxxxxx 4. Mayor Hirth opened the public hearing in connection Dist with Ordinance No. 1392, being, Map 48 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 48, Planning Commission Amendment No. 292, request • of The Irvine Company to change a portion of Block 55 Volume Z5 - Page 177 COUNCILMEN O ROLL CALL 3 s ( y0 CITY OF NEWPORT BEACH June 28. 1971 MINUTES INDEX p 3 :zoning of Irvine's Subdivision, located at the northerly end of • Granville Drive between Santa Barbara Drive and Newport Center Drive from an Unclassified ( "U ") District to a CO -H -UL District. Assistant Community Development Director Jim Hewicker gave a brief staff report. Motion x No one desired to be heard, so the hearing was Ayes xxxxxxx closed. Motion x Ordinance No. 1392 was adopted after the reading of Ayes xxxxxxx the ordinance was waived by unanimous consent of the Council. 5. Mayor Hirth opened the public hearing in connection Dis with Ordinance No. 1393, being, Ma AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 3, Planning Commission Amendment No. 288, request of City of Newport Beach to change Parcels E, F and H, Book 32, Page 41, Parcel Maps of Orange County, • located southeasterly of 32nd Street between Newport Boulevard and Balboa Boulevard from an R -2 District to a C -1 -H District. Assistant Community Development Director Jim Hewicker gave a staff report. Motion x No one desired to be heard, so the hearing was Ayes xxxxxxx closed. Motion x Ordinance No. 1393 was adopted after the reading of Ayes x x x x x x x the ordinance was waived by unanimous consent of the Council; and the staff was instructed to prepare a deed restriction at the time of reconveyance of the property which would require a 10 -foot setback along 32nd Street. 6. Mayor Hirth opened the public hearing in connection Pre with Ordinance No. 1394, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH PREZONING UNINCORPORATED TERRI- TORY LOCATED NORTH OF SAN JOAQUIN HILL • Volume 25 - Page 178 INDEX p 3 :zoning COUNCILMEN 3 'f�Pp2 o�+or yy� �� o� �� N ROLL CALL iP9 P `0 CITY OF NEWPORT BEACH June 28. 1971 MINUTES ROAD. AND WEST OF SPYGLASS HILL ROAD, • ADJACENT TO THE CITY OF NEWPORT BEACH IN THE EVENT OF SUBSEQUENT ANNEXATION, Planning Commission Amendment No. 293, request of The Irvine Company to reclassify and prezone a portion of Block 97 of Irvine's Subdivision from an A -1 Agricultural designation to a Planned Community (P -C) District. Assistant Community Development Director Jim Hewicker gave a staff report on the Palisades flight route of the Marine Corps helicopters. No one else desired to be heard. Motion x The hearing was closed. Ayes xxxxxxx Motion x Ordinance No. 1394 was adopted after the reading of Ayes x x x x x the ordinance was waived by unanimous consent of Noes x X the Council. ORDINANCES FOR INTRODUCTION: • 1. Proposed Ordinance No. 1395, being, Arrests AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 1. 12.020 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO AUTHORITY OF PUBLIC OFFICERS OR EMPLOYEES TO MAKE ARRESTS, expanding list of City employees authorized to issue citations under special circumstances to include certain General Services employees, was presented with a report from the Acting City Attorney. Motion x Ordinance No. 1395 was introduced and passed to Ayes xxxxxxx second reading on July 12, 1971. - 2. Proposed Ordinance No. 1396, being, Use Permits AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 20.46 OF THE NEWPORT BEACH MUNICIPAL CODE PRO- VIDING FOR CITY COUNCIL REVIEW OF USE PERMITS, • Volume 25 - Page 179 COUNCILMEN ROLL CALL S� PO yN 9c��50 <��i CITY OF NEWPORT BEACH June 28. 1971 MINUTES INDEX . Planning Commission Amendment No. 290, was presented with a report from the Community Develop- ment Department. Motion x Ordinance No. 1396 was introduced and passed to Ayes x x x x x x x second reading on July 12, 1971. CONTINUED BUSINESS: 1. Reports from the Public Works Director dated June 14 Parkin€ regarding resolutions establishing two -hour parking limit on Lafayette Avenue between 28th and 30th Streets, and on 29th Street between Lafayette Avenue and Villa Way, and prohibiting parking on both sides of 29th, 30th and 31st Streets between Villa Way and Motion x Newport Boulevard between 3:00 A. M. and 5:00 A. M. Ayes x x x x x x x were tabled indefinitely. Robert Kausen, President of the Cannery Village Merchants Association, spoke from the audience. Marilyn Derigo, owner of a beauty salon on Lafayette, and Blackie Gadarian of Blackie's Boat Yard spoke from the audience opposing the proposed resolutions. • It was agreed that the staff should come back with a One -wa one -way street circulation plan including Lafayette Street and Villa Way to offset the need for an eighty -foot width secondary street as set out in the Master Plan. It was agreed to postpone appointments to the Newport Bd & Beach City Arts Committee and to the Civil Service Board Cmsn until later in the evening. Appts 2. A letter from John B. Lawson, President of Project Project 21, requesting to be heard at a Council meeting, was presented. Mr. Hugh Halderman, Treasurer and Chairman of Project 21, spoke from the audience. Motion x The expenditure of $450 for Project 21 was approved. Ayes xxxxx.x CURRENT BUSINESS: 1. A report from the Acting City Attorney regarding Eastblu . lease agreement with the Newport -Mesa Unified School Librar} Volume 25 - Page 180 21 ff COUNCILMEN 3� a ��o y,aov y3c ROLL CALL N CITY OF NEWPORT BEACH June 28. 1971 MINUTES nur_n School District for library facilities at Eastbluff Elementary School was presented with a copy of a resolution of the Board of Education of the Newport - Mesa Unified School District authorizing the execution of the said agreement, which resolution had been published once a week for three weeks in the City's legal newspaper. Resolution No. 7456, authorizing the execution of a R -7456 lease agreement between the City of Newport Beach and the Newport -Mesa Unified School District for library facilities at Eastbluff Elementary School, was Motion x adopted after the reading of the resolution was waived Ayes x x x x x x x by unanimous consent of the Council. Z. Binder, Mestyanek, Johnson & Co.'s proposal to Auditing serve as the City's auditors for the 1971 -72 fiscal Agreemen year under the same terms and conditions as they served for the fiscal year ending June 30, 1971 was presented with a report from the Acting City Manager. Resolution No. 7457, authorizing the execution of an R -7457 agreement between the City of Newport Beach and Binder, Mestyanek, Johnson & Co. for auditing Motion x services, was adopted after the reading of the reso- Wyes x x x x x x x lution was waived by unanimous consent of the Council 3. A report was presented from the Assistant Community Boy's Development Director regarding Use Permit Appli- Club cation No. 1503 requesting to permit the construction of a. Boy's Club, and Resubdivision Application No. 295, requesting to create one parcel of land for use as a site for a Boy's Club, located -at 2555 Vista Del Oro. Resolution No. 7458, authorizing the execution of a R -7458 lease between the City of Newport Beach and the Boy's Club of the Harbor Area for construction of a Motion x recreation center in Eastbluff Park, was adopted Ayes x x x x x x x after the reading of the resolution was waived by unanimous consent of the Council. 4. A report was presented from the Public Works Buffalo Director regarding construction of Buffalo Hills Park- Hills Park Phase II, Contract No. 1339. Phase II Resolution No. 7459, . awarding a contract to Industrial R -7459 Turf, Inc. for construction of Buffalo Hills Park - Motion x Phase 11, in the amount of $144, 541. 31, was adopted yes x x x x x x x after the reading of the resolution was waived by Volume 25 - Page 181 COUNCILMEN 3 �� a° y o o q �y�� FN�Z� °� 9yN ROLL CALL v CITY OF NEWPORT BEACH June 28. 1971 MINUTES INDEX unanimous consent of the Council; and the Mayor and • City Clerk were authorized to execute the contract, subject to receipt of a Letter of Credit in the amount of $145, 000 from Donald L. Bren Co. 5. A report was presented from the Public Works Balboa Director regarding acceptance of Balboa Pier Parking Pier Lot Improvements, Contract No. 1260. Prkg Lot Impr The work on the Balboa Pier Parking _Lot Improve - Motion x ments was accepted; the City Clerk was authorized Ayes xxxxxxx to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been filed, subject to approval of the City Engineer; and liquidate damages were assessed in the amount of $900. 6. A report was presented from the Acting City Manager Parking regarding parking meter fees at the ocean front Meters/ parking lot at Newport Pier. Ocean Ft Conversion of the parking meters to 50� per hour for the first row of parking closest to the sand was Motion x authorized, and the use of the recreation parking Parking Ayes xxxxxxx permits was precluded from that row of parking. Permits • 7. A report was presented from the Acting City Manager Parking regarding seasonal fees for use of the 26th Street Fees/ parking lot. 26th St Resolution No. 7460, amending Resolution No. 7376 R -7460 to revise parking fees of 26th Street parking lot, was Motion x adopted after the reading of the resolution was waived Ayes xxxxxxx by unanimous consent of the Council. 8. A report from the Acting City Manager regarding Balboa assignment of Balboa Yacht Basin sub -lease to The Yacht Irvine Company was presented with a report from the Basin Acting City Attorney. Councilman Parsons made a motion to adopt the resolution consenting to the assignment of rights. Motion x Mayor Pro Tem Rogers made a substitute motion to continue the matter for two weeks. Chuck Buchanan, representing The Irvine Company, spoke from the audience and stated that The Irvine Company had no plans for changing the present leases. Edward H. Flach, owner of the Galley Cafe, and Dave • Volume 25 - Page 182 COUNCILMEN 3�ta�2oo� ��o'paov ROLL CALL 2�9c�"Nyo <� <$ CITY OF NEWPORT BEACH June 28, 1971 MINUTES I Nf1FX • New, representing the Basin Marina, Inc., spoke from the audience regarding their future leases. Ayes x x x x x x x A vote was taken on Mayor Pro Tem Rogers' substi- tute motion, which motion carried, and the matter was postponed to July 12, 1971. CONSENT CALENDAR: Motion x The following items were approved by one motion affirm - Ayes x x x x x x x ing the actions on the Consent Calendar: 1. The following Advisory Communications were ordered filed: Letter from Mrs. Marshall T. Martin protesting the action banning dogs from beaches. Letter from Mrs. C. H. Manell protesting a proposed cut in the budget for the library. Letters from Mrs. Skinner and Warren J. Hendrick- son protesting the increase in water rates. • Copies of letters from West Newport Improvement Association expressing appreciation to Joe Devlin for reviewing the proposed street improvements and to Cal Stewart and Rod Gunn for outlining the park needs of the City and West Newport at their annual meeting on May 19, 1971. Letter from Corona del Mar Chamber of Commerce expressing appreciation for the assistance in the recent "Clean -Up and Beautification Drive ". Letter from Harbor View Broadmoor Community Police Association in support of the Police helicopter pro- Helicopters gram. Copy of letter to Chief of Police from Kermit Dorius Police protesting the Police helicopter program, and copy of Helicopters Chief Glavas' reply. Letter from Nancy Alderson asking that the Upper Back Bay area be left alone. Letter from Ronald E. Powell regarding his business difficulties with Local Readers Service of Terre Haute, • Indiana. Volume 25 - Page 183 COUNCILMEN 3 ��PpZ yg Pi o s�9 �� A. ROLL CALL N CITY OF NEWPORT BEACH June 28. 1971 MINUTES INDEX siness :ense :s tstal ie isrvatn kG FP )gram 7461 ter zpling '462 centia :nue iening 1463 Notice of filing of application before Public Utilities • Commission by Southern California Gas Company for a general increase in its gas rates and certain other changes and increases. Agenda of Board of Supervisors meetings held June 15 16, 22 and 23, 1971. Z. The following communications were referred as indicated: Referred to staff for reply, letter from Sheet Metal, Bu Air Conditioning, Heating Contractors Association Li( protesting added license fees required of contractors Fe performing work in the City who have an established place of business outside of the City. Referred to Pending Legislation Committee, letter Co. from City of Laguna Beach enclosing a resolution Zo: opposing the passage of Assembly Bills 1472 and 1473, Co: known as the California Coastal Zone Conservation Ac Act of 1971. Referred to Pending Legislation Committee, letter SC. from City of Long Beach enclosing a resolution urging • the Board of Supervisors of Los Angeles County to continue the County's membership in and support of the Southern California Association of Governments. 3. The following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: Resolution No. 7461 advising the Arterial Highway AH Financing Program Advisory Committee that no Pr, changes have been adopted in the Master Street and R -' Highway Plan of the City of Newport Beach since the previous annual requalification. (A report from the Public Works Director was presented.) Resolution No. 7462 authorizing the execution of an Wa agreement between the City of Newport Beach and the Sar County of Orange for water sampling services. (A R -' report from the Public Works Director was presented.) Resolution No. 7463 authorizing execution of a co- Pla operative financing agreement between the City of Av, Newport Beach and the City of Costa Mesa for right- Wii of -way acquisition for the widening of Placentia R -' • Avenue between 16th Street and Production Place. (A report from the Public Works Director was presented.) Volume 25 - Page 184 INDEX siness :ense :s tstal ie isrvatn kG FP )gram 7461 ter zpling '462 centia :nue iening 1463 COUNCILMEN �� o s n o N 9 �N � T u a ROLL -CAI I yy � c�, CITY OF NEWPORT BEACH .Tune 2R_ 1 Q71 MINUTES • Resolution No. 7464 authorizing the execution of an Re; agreement with The Irvine Company, subdivider, for R -' the construction of improvements in Resubdivision No. 305, located southwesterly corner of Newport Center Drive West and Santa Barbara Drive. (A report from the Public Works Director was presented) Resolution No. 7465 authorizing the execution of an Res agreement between the City of Newport Beach and R -' Kathryn and Charles Stetson Wheeler III, for ingress and egress for access to Resubdivision No. 285, located northerly of Bayside Drive between Avocado Avenue and Bayadere Terrace. (A report from the Public Works Director was presented.) Resolution No. 7466 authorizing the execution of a Wa contract to serve water outside the City to Nicolai & R -' Christ. Resolution No. 7467 authorizing the execution of a Wa contract to serve water outside the City to Orange R -' County Sanitation District. Resolution No. 7468 authorizing the execution of a Wa • contract to serve water outside the City to Armstrong Petroleum.. Corporation. R -7 Resolution No. 7469 authorizing the execution of a Wa contract to serve water outside the City to G. E. R -7 Kadane & Sons. Resolution No. 7470 authorizing the execution of a Wa contract to serve water outside the City to Pacific R- View Memorial Park. 4. The following claims for damages were denied, and Cla the City Clerk's referral of the claims to the insur- ance carrier was confirmed: Claim of Francis E. and Katherine L. Hischier for His damage to their house at 126 - 39th Street on June 13, 1971, allegedly caused by forced entry of a police officer. Claim of Robert Miller for damage to his car on Mil June 12, 1971, allegedly caused when he was involved in an.accident with a City vehicle. • Volume 25 - Page 185 INDEX sub 305 7464 sub 285 r465 ter '466 ter '467 ter '468 :er '469 :er '470 ims chier ler COUNCILMEN \\WU\ani i cei i m CITY OF NEWPORT T- 7Q 1071 BEACH MINUTES INDEX lard rshall ie r man yon ervoir rance cts B & 9 Aching/ age • Claim of Dr. Charles S. Ballard for property damage at 530 Hazel Drive, Corona del Mar on June 12,1971, Ba] allegedly caused by sewer stoppage. Claim of Frank Marshall for damage to his automobile Ma on Park Avenue, Balboa Island,. on June 12, allegedly caused when it was struck by a City vehicle. Claim of Robert A. Stoner for damage to his property Sto. at 209 Apolena, Balboa Island, which was presumably caused by the City contractor paving the alley. Claim of Moses A. Berman for personal injuries and Bei damages which allegedly occurred in connection with his arrest and detention June 17 -18, 1971. 5. Plans and specifications for the Big Canyon Reservoir Big Entrance, Contract No. 1348, were approved, and the Car City Clerk was authorized to advertise for bids to be Res opened at 10:00 A. M. on July 20, 1971. (A report Ent from the Public Works Director was presented.) 6. The improvements in Tracts Nos. 7028 and 7029, Tra except new MacArthur Boulevard, were accepted; and 702 the City Clerk was authorized to release the Faithful 702 • Performance Bond for each tract and to release the Labor and Materials Bond for each tract in six months provided no claims have been filed. (A report from the Public Works Director was presented.) 7. The following Budget Amendment was approved: BA -80, $2,176. 55 increase in Budget Appropriations and in Revenue Estimates for two replacement motor- cycle radios budgeted in 1970 -71, which were pur- chased from R. C. A. and are unsatisfactory, there- fore a refund of $2, 176. 55 is forthcoming for repur- chase of two radios, to Police, Equipment, N. O. C., General Fund. ADDITIONAL BUSINESS: 1. Mr. Sheahey of Fountain Valley spoke from the audi- Boa ence opposing Ordinance No. 1390 which prohibits Lau storage of any vessel or watercraft on public beaches. Stor • Volume 25 - Page 186 INDEX lard rshall ie r man yon ervoir rance cts B & 9 Aching/ age COUNCILMEN yy��"�a y� NA AN ROLL CALL N w CITY OF .Time 2R_ 1 Q71 NEWPORT BEACH MINUTES INDEX Yunit, ;e I= mts Motion x 2. It was directed that a letter be sent to the City of Cost Wyss xxxxxxx Costa Mesa and to the Coast Community College Cowie, District requesting them not to proceed with the 1913 Colley Act as the method to be used to issue bonds for the Dist financing of improvements on the Coast Community College District's campuses. The meeting was adjourned at 11:10 P.M. for the purpose of meeting,in.Executive Session for consideration of appointments to the Newport Beach City Arts Committee and for consideration of a letter from the Civil Service Board regarding their nominations for an appointment to the Civil Service Board. Mayor Pro Tem.Rogers asked to be excused from the Executive Session because of an early morning commit- ment he had for the next day. The meeting reconvened with all- members present except Mayor Pro Tem Rogers. The recommendations of the Council Appointments Com- Board Motion x mittee were approved; the City Clerk was directed to Comte Ayes x x xxxx prepare the appropriate Certificates of Appointment and Apptrr Absent x to prepare Certificates of Appreciation for the outgoing Board and Committee Members; and the following were appointed for four year terms commencing July 1, 1971 and ending June 30, 1975: Bruce Patterson was appointed to the Civil Service Board to fill the vacancy created by the expired term of Frederick Salyer; Ladislaw A. Reday was appointed to the Newport Beach City Arts Committee to fill the vacancy created by the expired term of Mrs. Barbara Stabler; James Donald Ferguson was appointed to the Newport Beach City Arts Committee to fill the vacancy created by the expired term of Mrs.- Virginia Whitehouse; and Gerhardt H. Felgemaker was appointed to the Newport Beach City Arts Committee to fill the unexpired term of Mrs. Cynthia Phillips, ending June 30, 1974. Volume 25 - Page 187 Yunit, ;e I= mts COUNCILMEN ;�Pyoo� yN 9oc�N�y�o�o�� $ ROLL CALL CITY OF NEWPORT BEACH June 28. 1971 MINUTES INDEX oa ne At the request of Councilman Parsons, it was agreed that Balb • the staff should request The Irvine Company for some type Yact of assurance that the marine ways at the Balboa Yacht Bas's Basin would be preserved. Mari Ways Motion x The meeting was adjourned at 11:25 P.M. Ayes xx:_xxxx Absent x mayor ATTEST: City C erc • Volume 25 - Page 18.8 oa ne