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Home My WebLink About07/22/1974 - Regular MeetingCOUNCILMEN CITY OF NEWPORT BEACH MINUTES REGULAR COUNCIL MEETING G+ Place: Council Chambers m a a Time: 7:30 P.M. Mp 9 ROLL CALL s• s r N 2 a� Date: Jul 22 1 y 974 INDEX Mayor McInnis presented Certificates of Appreciation to out -going Board and Committee members in recognition of their dedicated service to the City: Civil Service Board Member William Klinger and City Arts Committee Member Mary Chabre. The Mayor also expressed the Council's appreciation for the dedicated service of the out -going y members who were unable to be present: Board of Library Trustee Member James Gage and Parks, Beaches and Recreation Commissioners Claudia Owen and William Patrick. Present xxxxxxx Roll Call. The reading of the Minutes of the Regular Meeting of Motion x July 8, 1974 was waived, and said Minutes were approved Ayes xxxxxxx 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: 1. Mayor McInnis opened the public hearing in connection Weed with the Spring, 1973 -74 Weed Abatement Program. Abatemen • A report was presented from the Fire Chief dated July 2, 1974 with the Assessment List on abatement of weeds and other nuisances within the City. Fire Inspector Al Haskell gave a brief staff report. Motion x The hearing was closed after it was determined that Ayes xxxxxxx no one desired to be heard. Resolution No. 8313, confirming the report of the R -8313 Fire Chief concerning the cost of the abatement of weeds and other nuisances and requesting the Auditor - Controller of Orange County to enter the amount of Motion x each assessment referred to in said report on the Ayes xxxxxxx County tax roll, was adopted. Z. Mayor McInnis opened the public hearing regarding Dodd the appeal of Richard H. Dodd & Associates from the Appeal decision of the Planning Commission granting Variance No. 1042 to Gordon Harvin Glass, AIA, for Fred S. and Ina J. Thomson, for remodeling of a single family dwelling with a portion of the dwelling to exceed the, basic height limit within the 24/28 foot height limit, Lots 3, 4, 10 and 11, Block C -33, Corona del Mar, • located at 2727 Shell Street on the southwesterly side of Shell Street between Fernleaf and Goldenrod Ave- nue s. Volume 28 - Page 179 COUNCILMEN CITY OF NEWPORT BEACH ROLL CALL T a t a m July 22, 1974 MINUTES A report was presented from the Community Develop- ment Department. Letters from Ruth K. Johnson and McKee Thompson in favor of subject Variance were presented. Letters were received after the agenda was printed from Mr. and Mrs. John Drabeck, Charles W. and Dee Dee Masters, B. H. Renard, Wilhelmina E. van Os, Mr. and Mrs. Ted Russell and Gerald and Kathleen Thompson approving Variance No. 1042, and a letter from Harwood & Adkinson to the Community Development Director enclosing a letter to them from Richard H. Dodd requesting Council to allow the variance with the exception of permitting the violation of the height ordinance. Don Adkinson, attorney for Richard Dodd, addressed the Council. Gordon Glass, architect, presented a petition signed by nineteen China Cove residents approving the re- quested variance. Motion x Mr. Glass was granted two additional minutes for his �s xxxxxxx presentation. Milo V. Olson, attorney representing Mr. and Mrs. Thomson, and John Gay addressed the Council in favor of the proposed variance. Motion x The hearing was closed. Ayes xxxxxxx Motion x The decision of the Planning Commission was upheld, Ayes xxxxxxx and Variance No. 1042 was granted. 3. Mayor McInnis opened the public hearing regarding proposed General Plan Amendment No. 4, being an amendment to the Circulation Element to change the classification of Irvine Avenue between 16th Street and Cliff Drive from a primary road to a local street, and to delete the intersection at Irvine and Pacific Coast Highway. A report was presented from the Community Develop- ment Department in connection with proposed Amend- ment Nos. 4, 5, 6 and 8. Donna Gallant, President of the Cliff Haven Community Association, addressed the Council in support of the proposed amendment. Volume 28 - Page 180 INDEX Gen Plan Amendmt No. 4 ROLL CALL Motion Motion 'Ayes Noes Motion Ayes Motion 1* Motion Ayes Motion Ayes • COUNCILMEN CITY OF NEWPORT BEACH MINUTES M. x x July ZZ, 1974 The hearing was closed. Resolution No. 8314, adopting an amendment to the Circulation Element of the Newport Beach General Plan (General Plan Amendment No. 4), was adopted. 4. Mayor McInnis opened the public hearing regarding proposed General Plan Amendment No. 5, being an amendment to the Circulation Element to change the classification of 15th Street between Superior Avenue and Balboa Boulevard from a primary road to a secondary road. A letter was received after the agenda was printed from Beeco, Ltd. opposing the Planning Commission recommendations. John Haskell, representing Beeco, Ltd., addressed the Council in opposition to the proposed amendment. The hearing was closed. Resolution No. 8315, adopting an amendment to the Circulation Element of the Newport Beach General Plan (General Plan Amendment No. 5), was adopted. 5. Mayor McInnis opened the public hearing regarding proposed General Plan Amendment No. 6 being an amendment, to the Residential Growth Element and Land Use Element to change the designated use of the property commonly known as the "Fun Zone" at the intersection of Palm Street and Bay Avenue on the Balboa Peninsula from multi - family residential to retail and service commercial. Don Adkinson addressed the Council in opposition to the proposed amendment. John Konwiser addressed the Council in support of the proposed amendment. The hearing was closed. Resolution No. 8316, adopting an amendment to the Land Use and Residential Growth Elements of the Newport Beach General Plan (General Plan Amendment No. 6), was adopted. Volume 28 - Page 181 INDEX R -8314 Gen Plan Amendmt No. 5 R -8315 Gen Plan Amendmt No. 6 8316 COUNCILMEN \ 'o '\AOA. C. ROLL CALL u Motion Ayes Motion Ayes 0 Motion Ayes • CITY OF NEWPORT BEACH MINUTES July 22, 1974 INDEX 6. Mayor McInnis opened the public hearing regarding Gen Plan proposed General Plan Amendment No. 8, being an Amendmt amendment to the Land Use Element to change the No. 8 designated use of the property at the southeast corner of Jamboree Road and Santa Barbara Drive from recreational and environmental open space to either governmental and environmental open space or administrative, professional, and financial com- me rcial. David Neish, Planning Adminstrator for The Irvine Company, addressed the Council in support of the proposed amendment. Michael Gehring, representing Newport Harbor Chamber of Commerce, indicated he was present to answer any questions Council might have. x The hearing was closed. xxxxxxx Resolution No. 8317, adopting an amendment to the R -8317 x Land Use Element of the Newport Beach General Plan xxxxxxx (General Plan Amendment No. 8), was adopted. ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1576, being, One -way Streets AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12. 52. 060 OF THE NEWPORT BEACH MUNICIPAL CODE TO CHANGE THE ONE -WAY DIRECTION OF TRAVEL ON PORTIONS OF 46TH AND 47TH STREETS, changing the northeast bound traffic on 46th Street between Seashore Drive and Balboa Boulevard to southwest bound traffic only, and changing the south- west bound traffic on 47th Street between Seashore Drive and River Avenue to northeast bound traffic only, was presented for second reading. x Ordinance No. 1576 was adopted. xxxxxxx 2. Ordinance No. 1577, being, Rhine Wharf AN ORDINANCE OF THE CITY OF NEWPORT Park BEACH AMENDING SECTIONS 17. 20. 010 AND Volume 28 - Page 182 ROLL CALL M Ai M A� Ni M A- M A M A M A COUNCILMEN CITY OF NEWPORT BEACH r..i., 22 1074 MINUTES INDEX 17.28. 010 OF THE NEWPORT BEACH MUNICI- PAL CODE TO ALLOW FOR INCREASED MOORING TIME LIMITS AND RAFTING AT RHINE WHARF PARK, allowing a four -hour mooring time limit and allowing rafting at the Rhine Wharf Park with the Harbor Master's authorization and under specific conditions, was presented for second reading. )tion x Ordinance No. 1577 was adopted. res x x x x x x x CONTINUED BUSINESS: 1. A supplemental report was presented from the Marine BA -1 Safety Department regarding Budget Amendment for Capital Outlay 91 -4 for a 17' jet - propelled boat. Budget Amendment BA -1, being a $1, 000 transfer of Budget Appropriations for additional funds for pur- Dtion x chase of 17' jet - propelled boat from Unappropriated res x x x x x x Contingency Reserve to Marine Safety - Rolling Equip - )es x ment, General Fund, was approved. I 2. Councilman Store's appointment of Richard H. Spooner Bicycle o ion x as the alternate to Gerard Van Hoven on the Bicycle Trails res xxxxxxx Trails Citizens Advisory Committee, was approved. Cmte 3. A report was presented from the Planning Commission Historic regarding the establishment of a Historical Zone in Zone connection with the request received from Gary B. Lovell concerning his property at 1242 West Ocean Front. A letter from Joan S. Petty in support of placing the Lovell beach house in a historical zone was presented. otion x The matter was referred to the Planning Commission yes xxxxxxx to set a public hearing for the establishment of a Historical Zone classification. otion x The determination as to whether or not the Lovell yes xxxxxxx house should be included in such zone was tabled. 4. Council Policy 1 -15, "Ocean Front Alley Improve- Ocean otion x meets, " was amended, and the staff was directed to Front yes xxxxxxx bring the amended policy back on August 12. Alley Improve- . ment s Volume 28 - Page 183 COUNCILMEN m m oc x 9p N� ROLL CALL NO Y� N 2 A•a m CITY OF Iuly 22. 1974 NEWPORT BEACH MINUTES INDEX CURRENT BUSINESS: • 1. A letter from Joseph Rosener, Jr. resigning from the Planning Planning Commission due to demands of his personal Comsn affairs, was presented. Joseph Rosener's resignation from the Newport Beach Motion x Planning Commission was accepted with regret; and Ayes x x x x x x x Ray Williams was appointed as a member of the Planning Commission to fill the unexpired term of Joseph Rosener, ending June 30, 1976. 2. A letter from the Bay Knolls Homeowners requesting Bay Knolls Council consent to the commencement of annexation proceedings for annexing the Bay Knolls area to the City of Newport Beach, consisting of approximately 153 lots located between 22nd Street and Santa Isabel Avenue, northwesterly of Tustin Avenue in the unin- corporated area between the cities of Newport Beach and Costa Mesa, was presented. A report was presented from the City Attorney. A letter from the Local Agency Formation Com- mission was presented. • Bob Carolan, representing the Bay Knolls Home- owners Association, and Erwin de Mocskonyi addressed the Council in favor of the annexation. Motion x Resolution No. 8318, consenting to commencement of R -8318 Ayes x x x x the Bay Knolls Annexation proceedings, was adopted. Noes x x x CONSENT CALENDAR: Motion x The following items were approved by one motion affirming Ayes x x x x x x x the actions on the Consent Calendar: 1. The following resolutions were adopted: Resolution No. 8319 authorizing the execution of an Health agreement between the City of Newport Beach and the Services County of Orange temporarily extending the agreement R -8319 for provision of certain health services; to cover the control of vectors until that responsibility has been transferred to the Mosquito Abatement District. (A letter from the County Health Department was pre- sented) • Resolution No. 8320 approving the application for 1974 BI Comm State Grant funds for Balboa Island Park Project. (A Park report from the Parks, Beaches and Recreation R -8320 Director was presented.) Volume 28 - Page 184 COUNCILMEN ROLL CALL • • 0 CITY OF NEWPORT BEACH MINUTES July 22, 1974 INDEX Resolution No. 8321 approving the application for 1974 Bayside Dr State Grant funds for the Bayside Drive Park Project. Prk R -8321 Resolution No. 8322 authorizing the execution of an Lifeguard agreement with the Orange County Harbors, Beaches Services and Parks District to provide lifeguard service in R -8322 unincorporated territory for the fiscal year 1974 -75. (A report from the Marine Safety Department was presented.I Resolution No. 8323 requesting financial aid from the Lifeguard County of Orange to pay for lifeguard service on City Services beaches and authorizing the execution of an agreement R -8323 therefor. Resolution No. 8324 authorizing execution of an agree- Big ment between the City of Newport Beach and the Canyon Natural History Foundation of Orange County Incorpo- R -8324 rated pertaining to a paleontological investigation of Areas 1 and 6 of the Big Canyon Planned Community. (A report from the Community Development Depart- ment was presented. ) Resolution No. 8325 authorizing execution of an agree OrCo ment between the City of Newport Beach and the Ci - ty Burglary of Santa Ana to establish and participate in an Orange Prevention County Burglary Prevention Index. (A report from Index the Police Chief to the City Manager was presented.) R -8325 Z. The following communications were referred as indicated: Referred to staff for reply, letter from Women's Oil Well Civic League of Newport Harbor expressing concern Drilling over the possibility of oil drilling off the coast in Offshore Orange County. Referred to Bicentennial Committee for inclusion in Fireworks study, letters from Dr. John T. Chiu and Kay Brown regarding the lack of fireworks in the City on July 4th. Referred to Pending Legislation Committee, reso- Public lution of the City of Seal Beach urging the League of Works California Cities to promote a legislative program to Projects minimize the effects of excessive litigation on necessary public works projects. Referred to Pending Legislation Committee, re so- Police lution of the City of Seal Beach in opposition to Senate Dept Bill 2408 which would require the licensing of police officers by a statewide commission. Volume 28 - Page 185 COUNCILMEN CITY OF (NEWPORT BEACH p m 00 Oda T V, �O ROLL CAL N T 9c m 2 a pm July 22, 1974 • is Referred to City Clerk for fiLing with the Pacific Bay Crossing study, letter from George E. Ryan asking that the bay bridge be made high enough to accommodate boats now using harbor facilities. MINUTES Referred to City Clerk for filing with the condominium study, letter from Edgar R. Barton regarding condo- minium conversions. Referred to Public Works Department, letter from State Department of Transportation attaching three resolutions of the State Transportation Board spelling out Board policy for guidelines and criteria. Referred to Public Works Department, letter from State Department of Transportation attaching copy of the draft FHWA /UMTA guidelines for a Transportati Development Program (TDP). Referred to Public Works Department, letter from State Department of Transportation attaching draft "Program Guidelines for Rural Highway Public Trans- portation Demonstration Programs. " 3. The following communications were referred to the City Clerk for filing and inclusion in the records: Letter to Traffic Engineer from Mary Allyn Dexter commending action on traffic control at 47th and Balboa Boulevard. Letter to Mayor McInnis from State Department of Parks and Recreation thanking Mayor and Council for endorsement and support of State Beach, Park, Recreational and Historical Bond Act of 1974 (Pro- position 1). Letter to Mayor McInnis from Senator Carpenter explaining his support of ACA 103, relating to the residency requirements imposed by certain charter cities on their employees. Letter from Byron Leeper thanking Council for granting him an exempt business license as a dis- abled veteran. Letter from Mrs. Branch Kerfoot of Newport Harbor Art Museum regarding City Arts Commission and copy of Mayor's reply. Letter to Mayor McInnis from Congressman Andrew Hinshaw regarding budgetary problems created when Volume 28 - Page 186 INDEX Coast Hwy Bridge Condo- minium Conver- sions Trans- portation Trans- portation Trans- portation Stop Sign City Arts Comsn COUNCILMEN CITY OF NEWPORT BEACH ROLL CALL_ \0\-\7r VIP July 22, 1974 • • • MINUTES Congress adopts mandatory legislation, specifically referring to the overtime provisions in the Fair Labor Standards Act as they pertain to firemen and police- men. Letter from League of California Cities regarding the Brown Act. Letter to Mayor McInnis from Senator Carpenter regarding SB 1816 which would permit appeal of all LAFCO actions to the County Boards of Supervisors and advising that the measure was defeated in the Senate Finance Committee. Resolution of the City of Villa Park expressing opposition to AB 3745 which would prohibit cities from licensing businesses located outside a city which derive less than $10, 000 gross receipts from business done within a city. Letters from Local Agency Formation Commission regarding proposed annexations to City of Costa Mesa and to Costa Mesa Park and Recreation District, both designated Santa Ana Avenue No. 1 Annexation, located at the southeasterly corner of the intersection of Santa Ana Avenue and University Drive. t Resolution of the City of Costa Mesa requesting the creation of a United States District Courtroom facility in Santa Ana. Copy of 1973 -74 Orange County Grand Jury final report. Resolution of the Board of Supervisors providing that the County Health Officer shall enforce the provisions of the Employee Housing Act in relation to farm labor camps. Notice of application before Public Utilities Com- mission of Continental Trailways, American Buslines and Continental Pacific Lines for increase in passen- ger fares. Notices of meetings of Airport Land Use Commission held July 11 and 18, 1974. Agenda of Board of Supervisors meetings of July 9 and 10, 1974. Volume 28 - Page 187 INDEX Brown Act ROLL CALL • 0 • COUNCILMEN CITY OF lulv 22. 1974 I?.1 "57Z91AW TAT a MINUTES INDEX 4. The following claims were denied, and the City Clerk' Claims referral to the insurance carrier was confirmed: Claim of Christine Lowe for damage to her car, Lowe allegedly caused when she was involved in an accident with a City vehicle in a parking lot at 831 Westcliff Drive on June 13, 1974. Claim. of Thomas Volkmann for damage to his motor- Volkmann cycle and personal injuries on July 5, 1974 at a Newport Boulevard on -ramp, allegedly due to gaso- line which had spilled onto the roadway from the gas tank of a City vehicle. Claim of Howard E. House, Jr. for damage to his House bicycle, allegedly caused when it was run over by a City vehicle. Claim of Frances Tyler for loss of her trash con- Tyler tainer, allegedly picked up by General Services Department on July 8, 1974. 5. The following requests to fill personnel vacancies were approved: (A report from the City Manager was presented) One Building Inspector I in the Community Develop- ment Department to fill a new position. One Civil Engineer- Grading in the Community Develop ment Department to fill a new position. One Code Enforcement Officer in the Community Development Department to fill a new position. One Senior Planner in the Community Development Department to fill a new position. One Police Emergency Equipment Dispatcher in the Police Department to fill a position now vacant. I One Refuse Crewman in the General Services Depart- ment to fill a position now vacant. One Legal Secretary in the City Attorney's office to fill. a position to become vacant. One Fireman in the Fire Department to fill a position now vacant. Volume 28 - Page 188 ROLL CAI • u COUNCILMEN A o B AO p � 21 9pp N L ��o ➢c TZm� pm CITY OF NEWPORT BEACH Julv 22. 1974 MINUTES INDEX 6. The following staff and commission reports were received and ordered filed: Report from Community Development Department Planning stating that the Planning Commission had elected Comsn William Hazewinkel as Chairman, Jacqueline Heather as 1st Vice - Chairman, Don Beckley as 2nd Vice - Chairman and James M. Parker as Secretary for the fiscal year 1974 -75. Report from the Parks, Beaches and Recreation PB &R Department stating that the Parks, Beaches and Comsn Recreation Commission had elected Jean Morris as Chairman and Bill Von Esch as Vice - Chairman. Report from Personnel stating that the Civil Service Civil Sery Board had elected W. Jay Moseley as Chairman and Board John J. McKerren as Vice Chairman. 7. The following matter was set for public hearing on August 12, 1974: Recommendations of the Planning Commission with Coast Hwy regard to the Coast Highway Bay Bridge. (A report Bridge from the Community Development Department was presented.) 8. The plans and specifications for the Improvement of St. St. Andrews Road from 15th Street to Cliff Drive, Andrews Contract No. 1643, were approved; and the City Clerk Rd Impr was authorized to advertise for bids to be opened at 10:00 A. M. on August 5, 1974. (A report from the Public Works Director was presented.) 9. The work on Corona del Mar Beach Parking Lot Cc \1 Beac: Improvements (West Side), Contract No. 1610, was Prkg Lot accepted; and the City Clerk was authorized to file a Impr 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 presented. ) 10. The Alley Paving in Block 9, East Newport, Contract Alley No. 1622, was accepted; and the City Clerk was Paving authorized to file a Notice of Completion and to release Blk 9 the bonds 35 days after Notice of Completion has been filed. (A report from the Public Works Director was presented.) 11. The following maintenance dredging harbor permit Harbor applications were approved, subject to the conditions Permit/ of approval under the Blanket Maintenance Dredging Dredging Permit issued by the U.S. Army Corps of Engineers: #116 -1000, Al Schwab, 1000 W. Bay Avenue; #143 -28, John Bond, 28 Harbor Island. (A report from the Marine Safety Department was presented. ) Volume 28 - Page 189 COUNCILMEN p m Tc � �; 2L �Na mpA it ROLL CALL a T �� 2 a m I 1 r r 1 r 1 r 1 CITY OF Toly 22. 1974 NEWPORT BEACH MINUTES INDEX > . its E 12, The following Budget Amendments were approved: • BA -2, $2, 200. 00 transfer of Budget Appropriations for purchase of two radios for installation in Police Helicopters from Unappropriated Contingency Reserve to Police - Equipment, N. 0. C., General Fund. (A report from the Chief of Police to the City Manager was presented. ) BA -3, $200. 00 transfer of Budget Appropriations for contribution to National League of Cities for Fair Labor Standards Act litigation, from Unappropriated Contingency Reserve to Nondepartmental-Services- Professional, Technical, etc. , General Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1 . A resolution of the Board of Supervisors regarding Or Co report of the Intergovernmental Coordinating Council Growth notion x on growth policy for the County was referred to the Policy ,yes x x xlx x x x Community Development Department for report back with recommendations and with definitions of social growth and social stability. 2. A letter from Shirley Jane Knutsen asking Council to The fon x review the Coves development on Bayside Drive was Coves e si es x x x x x x x referred to staff for report back and for reply. 3. A letter from the Balboa Island Improvement Associ- Promontc ation expressing concern in connection with the width Point/ of the bicycle and pedestrian way along Bayside Drive Bike Tra was referred to staff for reply, and the staff was otion x directed to send copies of the Association's letter and ,yes x x x xx x xI the City's reply to the Bicycle Trails Citizens Advisory Committee. j ADDITIONAL BUSINESS: j1. Two Site Plans for the proposed Council Chambers to City Hall be constructed on the front lawn of City Hall, sub - Expansio mitted. by Kermit Dorius Associates, architects, were displayed on the Council Chambers map boards. lotion x Site Plan No. 1, as presented, was approved in con - Lyes xxxxxxx cept. /lotion x The staff was authorized to secure a proposal from ,ycs xxxxxxx the architects, Kermit Dorius Associates, to prepare working drawings and specifications for the new Council Chambers in substantial conformance with Plan No. 1, but with changes as may be made by the Council. Volume: 28 - Page 190 > . its E COUNCILMEN OCU7� o cl 3G9'P N 't Pm 0 ROLL CALL NO �� if1 2 apm Motion Ayes Motion Aye s Motion Aye s Motion A* • 1 „11, 99 10711 MINUTES INDEX In -lieu Parking Fees 0 -1578 R -8326 Oakland Airport 2. Ordinance No. 1578, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACII AMENDING SECTION 12.44.125 OF THE i NEWPORT BEACH MUNICIPAL CODE TO PROVIDE FOR A DECREASE: IN COMMERCIAL IN -LIEU PARKING FEES, decreasing the annual fee per parking space from $`250 to $150, was presented. x Ordinance No. 1578 was introduced and passed to x x x x x x x second reading on August 12. 3. Resolution No. 8326, expressing support of an election x to fill the vacant Fifth District seat on the Orange x x x x x: xl County Board of Supervisors, was adopted. xI 4. The Mayor was directed to write letters to our State xx x x x x xl Senators and Assemblymen indicating the City's support of AB -3523, which would establish a pre - ferential runway use program at the Oakland Airport. xxx�x�xxIx x The meeting was adjourned at 10:50 P. M. II III 71fty6r ATTEST: i City Clerk I I � � I Volume 28 - Page 191 INDEX In -lieu Parking Fees 0 -1578 R -8326 Oakland Airport