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Home My WebLink About01/08/1973 - Regular MeetingCOUNCILMEN \-\PIC"�<\3 \C10\s\0' CITY OF NEWPORU ZEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. MINUTES ROLL. CALL 0 N 9( m Date: January 8, 1973 IfVDEJ Present xxxxxxx Roll Call. The reading of the Minutes of the Regular Meeting of Motion x December 18, 1972 was waived, said Minutes were Ayes xxxxxxx approved as written and ordered filed. The reading in full of all ordinances and resolutions under Motion x consideration was waived, and the City Clerk was directed Ayes xxxxxxx to read by titles only. HEARINGS: I. Mayor McInnis opened the continued public hearing Dover I regarding the closing of the north roadway of Dover Closure Drive at Irvine Avenue. A supplemental report was presented from the Public Works Director. Project Engineer Don Webb gave a brief staff report. Al Graham addressed the Council in favor of the pro- posed closure. . The following people addressed the Council in opposi- tion to the proposed closure: Carter Ford, Mrs. Robert Gibbons and Harriet Ford. Motion x The hearing was closed. Ayes cxxcxxx Resolution No. 7899, ordering the temporary closure R -7899 Motion x of the northerly roadway of Dover Drive at Irvine Ayes x x x x x x x Avenue, was adopted; and the staff was directed to study the entire area prior to implementing the closure for any significant adverse effects, and if none, then the staff is to put in the temporary closure and is to report back to Council in ninety days after the closure. 2. Mayor McInnis opened the continued public hearing Jasmine regarding the Environmental Impact Report filed by Creek M. J. Brock and Sons in connection with Tract 7967 (Jasmine Creek), subdividing 84.7 acres into 379 attached single - family dwellings and one landscape lot, located at the southwest corner of San Joaquin Hills Road and Marguerite Avenue, zoned P -C, and consideration of the Tentative Map of Tract 7967 with the additional conditions proposed on December 18, 1972. • A supplemental report was presented from the Com- munity Development Department. Volume 27 - Page 1 COUNCILMEN P� FL O 3 C+ O \rO fpOm i 0�.ROLL CALL T v pa o \ 1 1 L CITY O NEWPORT B E A C 2 y MINUTES January 8, 1973 INDEX governing the development of Versailles -on- the - Bluffs to decrease the density to eighteen dwelling units per gross acre in Phase II; combined with public hearing regarding the Environmental Impact Report filed by Donald J. Scholz and Company in connection with Versailles -on- the - Bluffs, Use Permit No. 1537 for Phase II, and exception to the height ordinance. Action x The public hearing was continued to January 22, 1973. eyes xxxxxxx 4. Mayor McInnis opened the public hearing regarding Varia Variance No. 1025, request of J. Shoffner Associates 1025 for Henry Buckingham, owner, to construct a single - family dwelling with an area exceeding permitted ' floor area limit in an R -1 District, located at 1909 East Bay Avenue. Volume 27 - Page 2 C 7967 illes ice Letters were received after the agenda was printed ' f from Carolyn Conway opposing the proposed Jasmine Creek development and from Tully Seymour, repre- senting M. J. Brock and Sons, urging Council to approve the Tentative Map. Larry Moore, General Planning Administrator for The Irvine Company, addressed the Council and stated he would require more than the stipulated time. Action x x M Mr. Moore was granted ten minutes for his presenta- kyes x xxxxxxx t tion. lotion x x B Bob Howsell was granted ten minutes for his pre - �yes x xxxxxxx s sentation. The following people addressed the Council in oppo- sition to the Jasmine Creek project: R. H. Spooner, Bob Jenkins, Gene O'Rourke, Max Vickers, George Frazier Bethel, Bob Howsell, Yvonne Howsell, Carl Rhode and H. R. Miller. vlotion x x T The hearing was closed. dyes x xxxxxxx kotion x x R Resolution No. 7900, accepting the Environmental R R -79C es x x x x x x x x x x x x I Impact Report in connection with Tract 7967 (Jasmine Qoes x x C Creek), was adopted; and the Tentative Map of Tract T Tract 7967 was approved, subject to the conditions recom- mended by the Planning Commission and the additional conditions imposed by the Council. 3. Mayor McInnis opened the continued public hearing V Versa regarding Planning Commission Amendment No. 339, o on the revising the Planned Community District Regulations B Bluff C 7967 illes ice ROLL CAL • COUNCILMEN L � v �Pa N l 9C Pm Motion Aye s Motion Ayes Noes • Motion Ayes Motion Aye s • T�nnonv R 1071 MINUTES INDEX flffnA report dated December 18 was presented from the Community Development Department. Henry Buckingham, applicant, addressed the Council. No one else desired to be heard. x The hearing was closed. xxxxxxx x Variance No. 1025 was approved. .xx xxx x x 5. Mayor McInnis opened the public hearing regarding Newport Planning Commission Amendment No. 349 amending Place the Planned Community Development Standards for the Newport Place Planned Community to permit (a) a mechanical car wash to be developed on Service Station Site No. 1; and (b) to eliminate the fire station from the list of specific uses permitted in Industrial Site 3A, located on the easterly corner of Dove and Birch Streets and the easterly corner of Birch and Bristol Streets. A report was presented from the Community Develop- ment Department. Edward J. Ruwaldt, Vice President of Emkay Develop- ment Company, addressed the Council and stated he was available to answer any questions. No one else desired to be heard. x The hearing was closed. xxxxxxx Resolution No. 7901, amending the Planned Community R -7901 x Development Standards for the Newport Place Planned xxxxxxx Community (Amendment No. 349), was adopted. 6. Mayor McInnis opened the public hearing in connection The Coves with Ordinance No. 1483, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 15, Planning Commission Amendment No. 344, rezoning a portion of Block 94 of Irvine's Subdivision from a C -1 -H District to an R -3 District, located on the south side of Bayside Drive, westerly of Marine Avenue near the Balboa Island bridge (The Coves); combined with a public hearing on the consideration Volume 27 - Page 3 COUNCILMEN 9�fL 0� Cl N �p 3 om Z po '"a o ROLL CALL T P sN m v� pF Motion Ayes Motion Ayes Noes Motion Ayes Noes r1 I� Motion Ayes x x x x x January 8, 1973 MINUTES of the Environmental Impact Report for the Tentative Map of Tract 8073 (The Coves), subdividing 5.7 acres into three lots for commercial and condominium development in subject area. A report dated December 18 was presented from the Community Development Department. Larry Moore, General Planning Administrator for The Irvine Company, addressed the Council and requested permission to talk over the time limit. Mr. Moore was granted fifteen minutes for his pre- sentation. David Kuhn, Project Manager of The Coves, addresso the Council regarding the proposed design of the pro- ject. No one else desired to be heard. The hearing was closed. Parks, Beaches and Recreation Director Cal Stewart gave a brief report on the conditions recommended by the Parks, Beaches and Recreation Commission. Councilman Ryckoff made a motion to reopen the hearing, which motion failed to carry. Ordinance No. 1483 was adopted; the Environmental Impact Report was accepted; and the Tentative Map of Tract 8073 was approved, subject to the conditions recommended by the Community Development Depart- ment and to the additional condition that it be reviewed by the Joint Harbor Committee. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1482, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12. 66. 040 OF THE NEWPORT BEACH MUNICIPAL CODE TO PROVIDE FOR APPLICATION OF VEHICLE CODE TO PRIVATE STREETS IN "NEWPORT CREST" DEVELOPMENT, amending Ordinance No. 1469 to include additional streets in Tract 7817 for State Vehicle Code enforce- ment, was presented for second reading. Ordinance No. 1482 was adopted. Volume 27 - Page 4 INDEX Tract 8073 Newport Crest ROLL C r1 LJ "I. Ay Mc Ay 4 COUNCILMEN CITY OF NEWPORT BEACH MINUTES ,ALL r�v�Pa a c pm January 8, 1973 INDEX ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1485, being, Open Space AN ORDINANCE OF THE CITY OF NEWPORT District BEACH ADDING CHAPTER 20.33 TO THE NEWPORT BEACH MUNICIPAL .CODE ESTABLISHING AN OPEN SPACE DISTRICT IN THE CITY OF NEWPORT BEACH, Planning Commission Amendment No. 351, was presented with a report from the Community Develop- ment Department. tion x Mayor Pro Tem Rogers made a motion to introduce Ordinance No. 1485 and set for public hearing. Councilman Dostal suggested amendments regarding punctuation and inclusion of marinas, yacht clubs, mooring facilities, marine and wildlife preserves, and aquatic parks, which amendments were accepted by Mayor Pro Tem Rogers. es x x x x x x x A vote was taken on Mayor Pro Tem Rogers' motion, and Ordinance No. 1485, as amended, was introduced I and set for public hearing on January 22, 1973. 2. Proposed Ordinance No. 1486, being, R -1. 5 District AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 20. 13. 010, 20. 13. 030, 20.13. 040 AND 20. 13.050 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO DEVELOPMENT STANDARDS IN THE R -1. 5 DISTRICT, Planning Commission Amendment No. 350, providing that total gross floor area on an R -1. 5 lot shall not exceed 1. 5 times the buildable area of the site, was presented with a report from the Community Develop- ment Department. �tion x Ordinance No. 1486 was introduced and set for public es x x x x x x x hearing on January 22, 1973. 3. Proposed Ordinance No. 1487, being, BI R -1. 5 AN ORDINANCE OF THE CITY OF NEWPORT District BEACH REZONING PROPERTY AND AMENDING DISTRICTING MAPS NOS. 13 AND 14, Planning Commission Amendment No. 337, reclassi- fying property on Balboa Island to an R -1. 5 District, was presented with a report from the Community Development Department. Volume 27 - Page 5 COUNCILMEN v��co3oo\�POI Fp ?i n'F2 OuA ROLL CALL s; -P s co r1 LJ Mo Ay( Mo a Mol Aye L January 8, 1973 MINUTES INDEX A letter addressed to the Mayor from the: Balboa Island Improvement Association was received after the a g e n d a was printed in favor of the proposed ordinance but opposed to the exclusion of the property located on the northwest corner of Agate and Park Avenues. Ordinance No. 1487, as amended to include the above tion x property in the R -1. 5 District, was introduced and :s xxxxxxx set for public hearing on January 22, 1973. CONTINUED BUSINESS: 1. A report was presented from the Public Works Curb Cut Director dated December 4 regarding the request of Larry Kirschenbaum and Raymond Rogers to maintain an existing curb cut at 1623 West Balboa Boulevard with a supplemental report from the Community Development Department. Raymond Rogers and Mrs. Larry Kirschenbaum ad- dressed the Council in behalf of their request. Lion x The request to maintain the existing curb cut was ;s i x x x x x x x denied. 2. A report was presented from the Marine Safety Harbor Department dated December 4 regarding Harbor Permit Permit Application No. 175 -306 of Nicholas Shammas to construct a pier, ramp and float bayward of 306 Shammas Via Lido Nord. A letter from John R. MacFaden, representing the applicant, requesting the matter be set over until the meeting of February 26, was presented. Lion x The matter was postponed until February 26, 1973. .s xxxxxxx 3. A report was presented from the Parks, Beaches and Cliff Dr Recreation Commission dated December 18 regarding View Park request for County aid to take a year's option on six vacant lots on Cliff Drive. A letter from Allan Beek was received after the agenda was printed suggesting a sight plane across the Cliff Drive hillside lots rather than purchase of the lots. Ginger Paige presented a check in the amount of $100 I as a contribution from the Citizens Advisory Park Volume 27 - Page 6 COUNCILMEN 9��'003 P w a� O yy0 r O ROLL CALL r'v 1%o' a c 9f pm Tanuary R_ 1973 MINUTES INDEX Bond Committee for Park Improvements for the Reserve Fund for Park Improvements. Resolution No. 7902, requesting the County of Orange R -7902 to use funds from the Community Park Assistance Motion x Fund to purchase an option on six parcels of property Ayes xxxxxx located along Cliff Drive in Newport Beach, was Abstain x adopted. Motion x 4. Councilman Ryckoff was appointed as the City's Mosquito Ayes x x x'x x x x representative on the Orange County Mosquito Abate- Abatemt ment District's Board of Trustees. Dist 5. A report from the City Staff Traffic Affairs Committee Harbor concerning the request of the Harbor View Hills Com- View Dr munity Association to close Harbor View Drive at its Closure Motion x southeasterly end at the intersection of Marguerite Ayes x x x x x x x Avenue was received and ordered filed. CURRENT BUSINESS: 1. A report was presented from the Publid Wbrks Direc- 16th St for regarding restoration of the 16th Street reservoir. Reservoir . Resolution No. 7903, finding and declaring that certain R -7903 portions of the work required to restore the operation of the 16th Street reservoir can be performed better and more economically by the City with its own em- ployees and also that the material used in said work Motion x can be purchased more economically on the open Ayes xxxxxxx market, was adopted. 2. A report was presented from the Public Works Direc- W Npt for regarding the Balboa Coves Odor Reduction System Gas Odor Contract No. 1494. Resolution No. 7904, awarding a contract for recon- R -7904 Motion x struction of the Balboa Coves Odor Reduction System Ayes xxxxxxx to B. Q. Halloran, Contract No. 1494, was adopted. Resolution No. 7905, accepting a Grant of Easement R -7905 from the Balboa Coves Homeowners' Association in Motion x connection with the construction of the Balboa Coves Ayes xxxxxxx Odor Reduction System, was adopted. 3. A report was presented from the Community Develop- Tract 8099 ment Department regarding the Tentative Map of Tract 8094, creating one lot for an eighteen unit 10 Condominium development on the Lido Peninsula (Lido Condominium Apartments) located on the northeasterly side of Lido Park Drive north of 28th Street, 633 Lido Park Drive, zoned C -2. Volume 27 - Page 7 ROLL CALL 6otic es Motic Ayes Motic Ayes • Motif Ayes Motif Aye e • COUNCILMEN %3 Pmp'y2pOG N9 9 n 9 n m ! ! to Sanuaxv 8. 1973 MINUTES INDEX in x The Tentative Map of Tract 8094 was approved, sub- Kxxxxxx ject to the conditions recommended by the Planning Commission. 4. A report was presented from the Community Develop- Tract 809 ment Department regarding the Final Map of Tract 8094, creating one lot for an eighteen unit condominiurr development on the Lido Peninsula (Lido Condominium Apartments) located on the northeasterly side of Lido Park Drive north of 28th Street, 633 Lido Park Drive, zoned C -2. in x The Final Map of Tract 8094 was approved, subject to x x x x x x x the conditions recommended by the Planning Com- mission. 5. A report was presented from the City Manager re- Inter - garding an Intergovernmental Coordinating Council govtmtl for Orange County. Coord Council Resolution No. 7906, authorizing the execution of an agreement between the City of Newport Beach and the R -7906 County of Orange and other cities in Orange County in x creating an Intergovernmental Coordinating Council x x x x x x x for Orange County, was adopted. 6. A report was presented from the City Manager re- Office of garding an Office of Emergency Services. Emerg Services Resolution No. 7907, authorizing the execution of an agreement between the City of Newport Beach and the R -7907 County of Orange and other cities in Orange County to )n x establish an Office of Emergency Services, was xxxxxxx adopted. CONSENT CALENDAR: )n x The following items were approved by one motion affirming x x x x x x x the actions on the Consent Calendar: 1. The following Advisory Communications were ordered filed: Letter from California Taxpayers' Association urging Revenue revenue sharing money be used for property tax Sharing reduction. Letter from Orange County League of California Cities Revenue asking that the City's Supervisor be urged to support Sharing the Cooperative Orange County Revenue Sharing Plan. Copy of letter sent to Orange Coast Daily Pilot by Dogs on Winton Ashton protesting animal litter on beaches and Beaches enclosing copy of letter sent him by the City. Volume 27 - Page 8 ROLL CAI L • COUNCILMEN fp 3 '�F 22p0 N.� O L T7 pN.N� -9P ply CITY OF NEWPORT January 8. 1973 BEACH MINUTES IMnFX Letter from Local Agency Formation Commission attaching schedule for filing proposals with the Com- mission during 1973. Agenda of Board of Supervisors meetings held December 19, 20, 1972 and January 2 and 3, 1973. Copy of letter to Councilman Ryckoff from James T. Capretz regarding parking on Balboa Island. Letter from Dorothy Palen thanking Council for the "Outstanding Employee Award" presented to her for 1972. Letter from Hugo Condry thanking Council for the "Employee of the Year" award presented to him for 1972. Letter from Duane Winters, Director, Orange County Division, League of California Cities, asking that he be notified regarding matters to be discussed at the meeting of the League Board of Directors on January 17 -19, 1973. Letter from Mrs. William Laing urging Council to attend a presentation of a movie on "Children of God" to be shown at Harbor High.Auditorium on Saturday, January 20. Z. The following communications were referred as indicated: Referred to Planning Commission, letter from Orange SCAG County Citizens Direction Finding Commission re- garding revised version of SCAG Regional Develop- ment Guide and offering recommendations for consid- eration in connection with the City's vote. Referred to Traffic Affairs Committee for study and Bike -a- report, letter from American Cancer Society regard- thon ing fund - raising Bike -a -thon to be held on Saturday, April 7, 1973 and asking Council approval for New- port Beach to be included in one of the proposed routes. Referred to Board of Library Trustees, letter from Library Helen McClure commending theaudio - visual program at Mariners Library. 3: The following resolution was adopted: Resolution No. 7908 awarding a contract for pile Npt /Balboa replacement on Newport and Balboa ocean piers to Ocean Piers R -7908 Volume 27 - Page 9 COUNCILMEN ROLL CALL • • • January. 8, 1973 MINUTES Submarine Engineering Associates of Newport Beach, in the amount of $37, 072, Contract No. 1496. (A report from the Public Works Director was presented.) 4. (a) The following claims were denied, and the City Clerk's referral of the claims to the insurance carrier was confirmed: Claim of Florence Vallejo for damage to her auto- mobile on November 9 when the front of the car dropped into a construction hole as she was exiting from the alley behind her home onto Clay Street, allegedly due to the City's failure to place construction barricades. Claim of Robert G. Noe for damages incurred on November 11, 1972 when his car was caused to be towed away by the Newport Beach Police Department while parked on Bayside Drive which allegedly was improperly posted. Claim of Joseph P. Fowler for damage to his car on Pacific Coast Highway and Dover Drive on December 9, 1972, allegedly caused when he was involved in an accident with a City vehicle. (b) The application forleave to present a claim for false arrest and personal injuries filed by Ralph L. Hansen, attorney, for Ed A. Chamberlain in connect: with an incident which occurred on July 19, 1972 was denied. 5. The following requests to fill personnel vacancies were approved: (A report from the City Manager was presented) One Police Officer in the Police Department to fill a position now vacant. One Typist Clerk II in the Public Works Department to fill a position now vacant. One Maintenance Man I in the Public Works Depart - ment to fill a position now vacant. One Account Clerk I in the Finance Department to fill a position to be vacant. One Groundsman Gardner I in Parks, Beaches and Recreation,Department to fill a position now vacant. One Tree Trimmer I in Parks, Beaches and Recre- ation Department to fill a position now vacant. Volume 27 - Page 10 INDEX Claims Vallejo Noe Fowler Chamber- lain ROLL CAL • • Mc Ay • Mc Ay COUNCILMEN 9� Fl p0 n np 00 aA fp3O� ZZO a� O January 8. 1973 WEI MINUTES [IND] 6. The following staff reports were received and ordered filed: Progress report from the City Manager on the West Library Newport Branch Childrens Library. Report from the City Attorney regarding the Orange OrCo County Airport - Compliance with Department of Aero- Airport nautics Noise Standards. 7. The staff was authorized to proceed with the acquisitiox Hosp Rd from the California Division of Highways of a widened Imprmts access opening for Hospital Road at Newport Boule- vard. (A report from the Public Works Director was presented.) 8. The following Harbor Permit was approved, subject Harbor to the approval of the U. S. Corps of Engineers: Permit Harbor Permit Application No. 049 -054 of the Pacific Pac Tel Telephone Company to install a third submarine tele- phone cable across the Narrows in Upper Newport Bay between adjudicated station #82 on the West and adjudicated station #49 on the East. (A report from the Marine Safety Department was presented.) 9. The replies of Parks, Beaches and Recreation Chair- Sea Scout man Claudia Owen and of City Manager Robert Wynn Base to the request of the Sea Base Study Committee for recommendations on the best utilization of the Sea Base facilities were confirmed. 10. The following Budget Amendment was approved: BA -30, $70, 000 increase in Budget Appropriations from Unappropriated Surplus, Water Fund, for restoration of 16th Street Reservoir and construction of Booster Pump Station, Water Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter to Mayor McInnis from Donald J. Regan and Bayshoree a letter to Council from Robert S. Barnes regarding Marina the proposed reconstruction of the Bayshores Marina )tion x were referred to staff for reply; and it was directed es Xxxxxxx that the Joint Harbor Committee, the Public Works Director and the Marine Safety Department review the project prior to Council action. 2. A copy of a letter to the City Manager from the State Cliff Dr Department of Public Works regarding acquisition of View Parb property formerly owned by Newport Harbor Lutheran Church for park and recreational purposes was re- >tion x ferred to staff to forward to Assemblyman Badham in es x x x x x x x hopes it will help move his legislation along. Volume 27 - Page 11 COUNCILMEN Fp 3 Om Z O Na O ROLL CALL T� pN a 9t pm January 8, 1973 MINUTES INDEX es ty Cmte rty sula sula 3. A copy of a letter, including twenty exhibits, from Sturg M. A. Sturges to the Board of Supervisors regarding his assigned lease on a lot located on the waterfront on Bayside Drive was presented. M. A. Sturges addressed the Council on the above matter after requesting permission to talk over the time limit. Motion x Mr. Sturges was granted ten minutes for his pre - Ayes xxxxxxx sentation. Mr. Sturges then addressed the Council regarding a problem he had with the Police Department. Motion x Mr. Sturges was granted an additional five minutes Ayes xxxxxxx for the above presentation. ADDITIONAL BUSINESS: 1. The resignation of Mrs. Mitzi Smith from the Newport NB C' Motion x Beach City Arts Committee was accepted with regret Arts Ayes xxxxxxN and it was directed that a Certificate of Appreciation be sent to her; Mrs. Mary Chabre was appointed to fulfill the unexpired term of Mrs. Mitzi Smith, ending • June 30, 1974; and Miss Sue Wilson was appointed for a four -year term, ending June 30, 1976. Motion x 2. The staff was directed to have plans and specifications City Ayes xxxxxxx prepared for the construction of a 12" water main to Dump serve the forty acre disposal site located at 19th Props Street and Whittier Avenue; and a budget amendment of $5, 000 was approved. Motion x 3. The Planning Commission was directed to study the Balbo; Ayes xxxxxxx following in the Statistical Area "D" of the Balboa Penin Peninsula: R-1. 5 (a) From the westerly boundary of statistical area "D" to Balboa "C" zone for downgrade of all property, except R -1, to R -1. 5; (b) Balboa Commercial Zone for potential reduction in area and possible C -1. 5 zoning; and (c) From Balboa Commercial Zone to the end of the Peninsula rezone to R -1. Motion x 4. The City Attorney was directed to draft an emergency Balbo; Ayes xxxx x x ordinance to stop the issuance of all building permits Penin Noes x except R -1 for the entire Statistical Area "D" on the R -1. 5 • Balboa Peninsula for a period of 180 days for consid- eration at a public hearing on January 22, 1972. Mayor McInnis adjourned the meeting at 12:24 A. M: ". - Volume 27 - Page 12 Mayor ATI'ESTy-> v , es ty Cmte rty sula sula