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Home My WebLink About07/12/1971 - Regular MeetingCOUNCILMEN 2y ROLL CALL CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: July 12, 1971 MINUTES INnry :resent xxxxxxx Roll Call: The reading of the Minutes of the Adjourned. Meeting at 1:30 P.M., June 28, and of the Regular Meeting at Motion x 7:30 P. M., June 28, 1971 was waived, and said Minutes Ayes xxxxxxx were approved and ordered filed. HEARINGS: 1. Mayor Hirth opened the public hearing regarding the Sailor Boy appeal of Old Town Businessmen's Association from Appeal the decision of the Planning Commission_ granting Use Permit No. 1530 to Sailor Boy Associates, Inc. which permits a walk -up restaurant in a C -1 District, located at 101 - 2lst Place on the westerly side of 21st Place, 20 feet north of West Ocean Front. A report from the Assistant Community Development Director was presented with the Application to Appeal filed by the Old Town Businessmen's Association. A letter received that day from Sailor Boy Associates, Inc. was presented. . Senior Planner Jim Nuzum gave a report on the findings of the Planning Commission. The following businessmen from the Old Town area spoke against Use Permit No. 1530: Bob Hemstreet, Dennis Day, Arnold Parker and Fran Ursini. Jerry Miller, co -owner of Sailor Boy, and Mrs. Rapp, wife of the owner of the property, spoke from the audience. Motion x The hearing was closed. Ayes xxxxxxx Motion x The appeal was denied, and the decision of the Plan - Ayes xxxxxxx ning Commission granting Use Permit No. 1530 was sustained. Volume 25 - Page 190 ROLL CALI • Motio: Ayes • Motio: Ayes • COUNCILMEN CITY OF NEWPORT BEACH MINUTES July 12, 1971 2. Mayor Hirth opened the continued public hearing in connection with Ordinance No. 1391, being, 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 6, 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. A report'was pr'esented;from the. Traffic Engineer; am Senior.Planner James Nuzum gave a brief staff report. John Shea, representing the Newport Shores Associ- ation, spoke from the audience in favor of the,rezoninj if the proposed corner cut -off at Lot 9 were deeded to the City. The hearing was continued to July 26, and the staff was instructed to contact the applicant regarding a Grant of Easement for the corner cut -off on Lot 9. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1395, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 1. 12. 020 OF THE NEWPORT BEACH MUNICIPAL CODE RELATID 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 second reading. Ordinance No. 1395 was adopted after the reading of the ordinance was waived by unanimous consent of the Council. Volume 25 - Page 191 INDEX Dist Map l rests COUNCILMEN ROLL CALL �� m s o o A °y 'li OC �� PO min y9 .r`99/'y! f2 CITY OF NEWPORT July 12. 1971 BEACH MINUTES IPLLW17 rmits rbage centncl 3t p 10 2. Ordinance No. 1396, being, Us • Pe 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, Planning Commission Amendment No. 290, was presented for second reading. Motion x Ordinance No. 1396 was adopted after the reading of Ayes xxxxxxx the ordinance was waived by unanimous consent of the Council. ORDINANCES FOR INTRODUCTION: 1. A proposed ordinance, being, Ga Re AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 6.04.070, ". 6.04.090, 6.04.110, 6.04.120, 6.04.140, 6.04.150, 6.04.190, 6.04.200 AND 6.04.210; • REPEALING SECTIONS 6.04. 100 AND 6.04.180; AND ADDING SECTION 6.04.215 TO CHAPTER 6.04 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO GARBAGE, REFUSE AND CUTTINGS. A report was presented from the Acting City Manager. Motion x The matter was continued to August 23, 1971. Ayes xxxxxxx 2. Proposed Ordinance No. 1397, being, Di: Ma AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 10, Planning Commission Amendment No. 295, request of City of Newport Beach to rezone all that property located on the south side of West Bay Avenue between Island Avenue and 6th Street from a C -1 District to an R -3 District, and to establish a front -yard setback of four feet along the southerly side of West Bay Avenue. • Volume 25 - Page 192 IPLLW17 rmits rbage centncl 3t p 10 COUNCILMEN t m s o o A ��o�mor y�c+,eoNa ROLL CALL r_Irr%01 ; <� CITY OF NEWPORT Julv 12. 1971 BEACH MINUTES Ineya °k A report was presented from the Community Develop- _ . ment Department. Motion x Ordinance No. 1397 was introduced and set for public Ayes x x x x x x x hearing on July 26, 1971. CONTINUED BUSINESS: 1. A report was presented from the Acting City Manager Budget regarding the Memoranda of Understanding with the Police, Fire and Miscellaneous Employee Associ- ations. The following resolutions, to be effective July 10, Motion x 1971, were adopted after the reading of the resolutions Ayes x x x x x x x was waived by unanimous consent of the Council: Resolution No. 7471 adopting the Table of Authori MemorAy zation and Compensation Plan for 1971 -72 as of incorporated in the Memoranda of Understanding Under - with the three Employee Associations and-as standing recommended by the Acting City Manager regard- R -7471 ing salaries of Department Directors and Key Personnel: . Resolution No. 7472 adopting Key Personnel list. Key Personne R -7472 Resolution No. 7473 adopting the Personnel Policy Personne Resolution for 1971 -72 incorporating changes Policy agreed upon in the Memoranda of Understanding R -7473 with the three Employee Associations. Resolution -No. 7474 fixing the salary of the City City Cle3 Clerk. R -7474 2. A letter addressed to Mayor Hirth from David L. New, Balboa Vice President of Basin Marine, Inc., regarding their Yacht operation on Bayside Drive was presented in con- Basin nection with the proposed assignment of the Balboa Yacht Basin sublease to The Irvine Company. A letter addressed to Councilman Kymla received that day from Attorney Westover regarding conditions in the original lease was presented. Harry Westover, attorney representing The Irvine Company, spoke from the audience. Don New, Presi- Volume 25 - Page 193 °k COUNCILMEN ROLL CALL • Motion Ayes u Motion Ayes • CITY OF NEWPORT BEACH July 12, 1971 MINUTES dent of Basin Marine, Inc., stated he did not contest the assignment; and Everett H. Flach, owner of the Galley Cafe, stated that he had come to a satisfactory arrangement with The Irvine Company. Resolution No. 7475, consenting to the assignment to The Irvine Company of all rights, title and interest of Hugh W. Haley and Margaret E. Meisinger under that certain lease dated February 28, 1950 between J. A. Beek, Carroll B. Beek,, Barton Beek and Joseph Aller Beek, Jr., and Hugh W. Haley and Margaret E. ., Meisinger, doing business as Balboa Yacht Basin, wa adopted after the reading of the resolution was waived by unanimous consent of the Council. CURRENT BUSINESS: INDEX R -7475 1. A report was presented from the Acting City Manager Civic regarding the Civic Center design. I Center The schematic design report for the Newport Beach Civic Center as submitted by Welton Becket and Associates, architects, was presented. Frank Mosher and Bob Nasraway, project architect and principal designer for Welton Becket and Associ- ates, reviewed the schematic design'report and sum- marized the environmental, property, governmental and City of Newport Beach design program require- ments. Ed Cavanaugh, representing the Broadmoor Home- owners Association, spoke from the audience and thanked the Council for their consideration of the concerns expressed by the homeowners on the hill. Harvey Pease spoke regarding the site location. The schematic program /design /report was approved; the schematic construction cost budget was approved and amended to include the approval of project cost allowances; Welton Becket and Associates were authorized to proceed with preliminary design; and the staff was instructed to develop the Civic Center financing program with Stone and Youngberg, munici- pal financing consultants. Volume 25 - Page 194 COUNCILMEN ROLL CALL • Motion Ayes E • CITY OF NEWPORT BEACH MINUTES July 12, 1971 INDEX RECESS for ten minutes was called by Mayor Hirth. The Council reconvened with all members present. 2. Resolution No. 7476, appointing Robert L. Wynn as City City Manager and fixing salary and conditions of Manager employment, was adopted after the reading of the R-7476 resolution was waived by unanimous consent of the Council. 3. A letter from Bruce Campbell, 4 -H Farm Advisor, Animals requesting. a variance to the dog ordinance to allow on 4 -H members to take guide dog pups on the beach as Beaches part of the pups' training program, was presented with a report from the Acting City Manager.. Mrs. Shirley Upton, Assistant 4 -H Guide Dog Project Leader, spoke from the audience urging that .the ordi- nance be amended to allow the pups on the beach. It was the consensus of the Council that the request would be considered on September 13 when Ordinance No. 1386 comes up for review. 4. A report from the Harbor and Tidelands Administrator Boat was presented with letters from the following pro- Launching/ testing Ordinance No. 1390 regarding boat launching Storage and boat storage at street ends: Geoffrey Barer, Nancy C. Baker, Norman Slatter, Evelyn R. Hart, Vic Hinojosa, Everett Coles, John W. Wikle, Doreen Sinnett, William Irvine and Richard Jensen; and a protest petition signed by 51 offshore mooring owners. Harbor and Tidelands Administrator George Dawes gavg a brief staff report. The following people spoke from the audience proms testing the street end boat storage prohibition and the restricted boat launching hours: Doug McIntire, Captain Earl Younger, Mrs. Mack, Norman Roman, Robert Pierson, Jerry Farrington, Cosman Newsome, Lee Canova, Norman Slatter, Joseph Credenski, Frank Cozier, Mary Rebb and Mr. Sheahey. Mrs. Russell, 144 West Bay Avenue, stated that the -boat storage at 15th Street has not been a problem to her. Cliff Chapman and Tom Hyans were in favor of the ordinance. Councilman Kymla made a motion to amend Ordinance No. 1390 to extend the effective date for 90 days as it relates to storage of the vessels. Volume 25 - Page 195 ROLL CALI otio: rlyes Noes *Aotio: Ayes Motio: Ayes Motio: Ayes E COUNCILMEN CITY OF NEWPORT BEACH July 12, 1971 MINUTES INDEX Councilman McInnis made a substitute motion to adopt R -7477 Resolution No. 7477 amending street end boat launch- ing hours at 15th Street and Fernando Street locations, and to refer the matter of the racking and storage of boats to the Joint Harbor Committee, which motion carried after the reading of the resolution was waived by unanimous consent of the Council. 5. A report from the Acting City Manager was presented Surfing with letters from William Tassio and Steve Valiere regarding surfing prior to 7:30 A. M. and requesting to be heard at the meeting of July 12. Another letter received that day from William. Tassio stating he could not be at the meeting, but setting fora reasons for requesting the change in surfing hours, was presented. The following people spoke in favor of earlier hours: Jerry Wooters, Cliff Hawley, Winnie Willis and Lee Down. Rick Earnest presented two petitions bearing 190 signatures requesting unrestricted morning surfing hours. Ralph Watson spoke against early morning surfing hours. The requests were referred to staff for review and report back on alternatives. 6. A letter from Clifford Nutt, President of the Breakersl Breakers Drive Association, requesting Council concurrence in Drive Gate the Association's intention to erect an electric gate at the entrance to Breakers Drive was referred to the staff and to the Acting City Attorney for report. 7. A report from the Acting City Attorney regarding off- Off -site site parking in connection with Use Permit 1518 was Parking presented with letters from Lawrence M. Bryan, President, H. I. Johnson, Inc. and from Robert E. Ellsworth in connection with construction on Villa Way between 28th and 29th Streets. Resolution No. 7478, authorizing the execution of an R -7478 off -site parking agreement between the City of New- port Beach and Paul Thoryk & Associates, Use Peimi 1518, was adopted after the reading of the resolution was waived by unanimous consent of the Council. Volume 25 - Page 196 COUNCILMEN ROLL CALL CITY OF July 12. 1971 NEWPORT BEACH MINUTES iNnFx • 8. A letter was presented from the Parks, Beaches and Bayside Recreation Commission regarding Bayside Drive Drive widening and asking for Council reconsideration of Widening the widening program on Bayside Drive between Marguerite and Carnation Avenues. Motion x The staff was directed to schedule review of the pro - Ayes x x x x x x x posed master plan for Bayside Drive at the Study Session of July 26. 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: Notices from Local Agency Formation Commission regarding hearings on July 14 in connection with the following: Proposed annexation to the Costa Mesa Sanitary • District designated Engineer's No. 136. Proposed annexation to County Sanitation District No. 5 designated Annexation No. 5 (Spyglass Hill Annexation) . Proposed detachment from County Sanitation District No. 5 designated Detachment No. 3. Letter from James F. Blauer regarding the softball games scheduled for summer recreation by the Parks, Beaches and Recreation Department, and reply from Parks, Beaches and Recreation Director. A letter from the Local Agency Formation Commissinz LAFCO enclosing its resolution designating criteria and prin- ciples to be used in the evaluation of proposals in connection with the Program for Establishing. Spheres of Influence for Cities in Orange County. A letter from California Water Resources Association enclosing its resolution in support of Senate Bill 1285 which provides for waterway management planning. Notice of Hearing before the Public Utilities Com- mission in connection with application of The Gray Line Tours Company for a rate increase. Volume 25 - Page 197 COUNCILMEN ROLL CALL • E CITY OF NEWPORT BEACH July 12, 1971 MINUTES Notice from the State Controller in connection with Motor Vehicle License Fee Fund, Summary of Appor- tionments of Motor Vehicle License Fees for the .period June 1, 1970 to May 31, 1971,. indicating New- port Beach's apportioned net June payment to be . $90, 354. 20 basest on 51, 000 population. A letter from Division of Highways notifying the City of acquisition by the State of property at 2001 -2001 i Kings Road, Newport Beach in connection with the Pacific Coast Freeway. A letter from Winton Ashton enclosing newspaper clipping from the June 24 Santa Ana Register rega Air Calls summer schedule. Copy of a letter to Chief Glavas from County Health Department enclosing a copy of the Jail Standards Evaluation Form showing sanitation and maintenance of Newport Beach facilities to be satisfactory. Agenda of Board of Supervisors' meetings held June 29 and 30 and July 6 and 7, 1971. A letter from Joseph W. Slowikowski protesting noise caused by Police helicopters, and Police Chief's reply. 2. The following communications were referred as indicated: Referred to Parks, Beaches and Recreation Com- mission for investigation and possible inclusion in the Master Plan of Bicycle Trails, letter from Mrs. Jean Morris suggesting improvement along the side of Jamboree Road from Eastbluff Drive to the Coast Highway for use of cyclists and pedestrians. INDEX OrCo Airport Bicycle Trail Referred to Pending Legislation Committee, letter Coastal from Mayor of Half Moon Bay enclosing resolution of Legis that city supporting coastal legislation in the form of Senate Bill #1354 and asking that Council also support the bill. Referred to Pending Legislation Committee, resolutiolL Los of the City of Buena Park expressing disapproval of Alamitos any expansion or conversion of the Los Alamitos Nava Air Air Station for general or commercial air activities. Station Volume 25 - Page 198 COUNCILMEN \U\C) Ov N Z (NZ ROLL CALI CITY OF NEWPORT BEACH T,0,r 17 1071 MINUTES INDEX Hwy m 76 1e ng 9 -ds IO 3e?r iB qi C" �1 )ptea� 2 3. Referred to staff for study, letter from Division of State • Highways regarding hearings to be held in connection Syste with the Functional Classification Study recently com- pleted with regard to changes in the State Highway System. Referred to Community Development Department for Anne., appropriate action, resolution of Local Agency For- mation Commission approving proposed annexation to the City of Newport Beach - Harbor View Hills Annex- ation, Phase V, proposed Annexation No. 76, without notice and hearing and without an election. 3. The following resolutions were adopted_ after the reading of the resolutions was waived by unanimous consent of the Council: Resolution No. 7479 authorizing the execution.of an Off -s: agreement between the City of Newport Beach. and Dr. Parki Harry Alexon, regarding off -site parking, Use Permit R -74' 1476. (A report from the Acting City Attorney was presented.) Resolution No. 7480 approving the destruction of Reco3 • certain records. (A report from the City Clerk was presented.) R -74£ Resolution No. 7481 authorizing execution of Assign- CdM ment of Corona del Mar State and City Beach Park ConcE Concession Agreement between the City of Newport R -74£ Beach and Gordon Kilmer to Kilmer Enterprises, Inc.; subject to the condition that Gordon Kilmer will not be personally released from his obligations under said agreement. (A report from the Acting City Attorney was presented. Resolution No. 7482 authorizing the execution of an Police agreement with Tallmantz Aviation for service and Helic( maintenance of .Police helicopters. (A report from R -74£ the Acting City Attorney was presented.) 4. The following claim for damages w a s denied, and the City Clerk's referral to the insurance carrier and referral of the Writ of Mandamus to the Acting City Attorney for appropriate action was confirmed: Claim of Jack and Rose Garcia for damage to their Garci property at 4401 River Avenue, Newport Beach on or about May 20, 1971, allegedly caused by a baseball • from the Harbor Area Baseball Club. Volume 25 - Page 199 Hwy m 76 1e ng 9 -ds IO 3e?r iB qi C" �1 )ptea� 2 3. COUNCILMEN O � i y y 5 C'� '0 O 9 O 9 y 'ti G� y 0 N y ROLL CALL Q 9 py CITY OF NEWPORT BEACH July 12, 1971 MINUTES INDEX ssel ports :y Arts zts t &R msn Al rvice inning msn Alley prvmt )recliff mbined of M Alley prvmts cancies Petition for Alternative Writ of Mandate and Alter- Cr • native Writ of Mandamus of P. A. Cassel, Petitioner. 5. The following Board, Commission and Committee Re reports were ordered filed: Letter from Ron Yeo, Chairman, regarding the Com- Ci mittee's activities during the past year. Cr Letter from the Parks, Beaches and Recreation Com- PI mission stating their officers for 1971 -72 are Hall Cc Seely as Chairman and Claudia Owen as Vice Chair- man. Letter from the Civil Service Board stating their Ci officers for 1971 -72 are Jay Moseley as Chairman and Se Henry C. Duffie as Vice Chairman. Bd Letter from the Planning Commission stating their Pi officers for 1971 -72 are Curt Dosh as Chairman, Cc Don R. Adkinson as 1st Vice Chairman, Gordon H. Glass as 2nd Vice Chairman and Jacqueline Heather as Secretary. 6. The work on the Alley Improvements, Balboa Island, BI • 1970 -71, Contract No. 1286, was accepted; and the Im City Clerk was authorized to file a Notice of Com- pletion and to release the bonds 35 days after the Notice of Completion has been filed. (A report from the Public Works Director was presented.) 7. The plans and specifications for Shorecliff Road Com- Sh bined Project, Contract No. 1328, were approved; and Cc the City Clerk was authorized to advertise for bids to Pr be opened at 10:00 A. M. , August 3, 1971. (A report from the Public Works Director was presented. ) 8. The plans and specifications for Alley Improvements Cd in Corona del Mar, Contract No. 1336, were approved; Irr and the City Clerk was authorized to advertise for bids to be opened at 10:30 A.M., August 3, 1971. (A report from the Public Works Director was presented.) 9• The following requests to fill vacancies were approved Va (A report from the Acting City Manager was presented) Legal Secretary in the City Attorney's office. due to resignation. Typist Clerk I in the Corona del Mar Library due to • resignation. Volume 25 - Page 200 ssel ports :y Arts zts t &R msn Al rvice inning msn Alley prvmt )recliff mbined of M Alley prvmts cancies COUNCILMEN 'f� 90 5 CP 0 7 �yN 9 c�9PS' c` NA ROLL CALL d CITY OF NEWPORT BEACH Julv 12. 1971 MINUTES INDEX or & ands Slip ience ited Typist Clerk II in the Corona del Mar Library due to a promotion. Painter in the Public Works Department due to resig- nation. 10. The following Budget Amendments were approved: BA -1, $450 transfer of Budget Appropriations for City's contribution toward Project 21 study team efforts, from Unappropriated Contingency Reserve to Nondepartmental, Advertising and Public Relations, General Fund. BA -2, $140, 000 transfer of Gas Tax Funds for expen- ditures of maintenance under Section 2107 S & H Code, from Unappropriated Surplus, State Gas Tax Fund to Unappropriated Surplus, General Fund. BA -3, $7, 500 transfer of Gas Tax Funds for Engineer ing Services under Section 2107. 5 S & H Code, from Unappropriated Surplus, State Gas Tax Fund to Unap- propriated Surplus, General Fund. • ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report was presented from the Harbor and Tidelands Harb Administrator regarding a slip rental from the Ameri Tidel can Legion Post 291 for the City boat. Boat Rent. Budget Amendment No. BA -4, being a $579._60 trans- fer of Budget Appropriations for slip rental for City boat for year 1970 from Unappropriated. Contingency Reserve to Harbor and Tidelands, Rental of Property r Motion x and Equipment, General Fund, was postponed until Ayes x x x x x x x American Legion representatives explain to Council the charge for subject slip rental. 2. Resolution No. 7483, authorizing the execution of a Water contract to se "water outside the City to General R -748 Crude Oil Company, and. rescinding Resolution No. 7469 which authorized the contract with Kadane & Motion x Sons, was adopted after the reading of the resolution Ayes x x x x x x x was waived by unanimous consent of the Council. 3. A report from the Acting City Manager regarding the Exper Motion x City's participation in the "Experience Unlimited" Unlim Ayes x x x x x x x employment program was accepted and ordered filed. • Volume' 25 - Page 201 or & ands Slip ience ited ROLL CALL • Motion Ayes Motion Ayes • • COUNCILMEN CITY OF NEWPORT BEACH MINUTES �\ July 12, 1971 4. A copy of a letter from the Kalos Kagathos Foundation of Laguna Beach to the Director of the Bureau of Out- door Recreation requesting information regarding the Bureau's Land & Water Conservation Fund, was xi referred to staff for study. The meeting was adjourned at 12:01 A. M. V. Mayor ATTEST: Pk Volume 25 - Page 202 INDEX Kalo s Kagathos Foundn