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Home My WebLink About12/17/1973 - Adjourned Regular MeetingCOUNCILMEN P0 NNa .400 0 ROLL CALL PN Present Won Aye s Abstain Motion Ayes • Motion Aye s 40tion s Motion Ayes CITY OF NEWPORT BEACH MINUTES ADJOURNED COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: December 17, 1973 xxxxxxx Roll Call. x The reading of the Minutes of the Regular Meeting of x x x x x x December 10, 1973 was waived, and said Minutes were x approved as written and ordered filed. x The reading in full of all ordinances and resolutions under x x x x x x x consideration was waived, and the City Clerk was directed to read by titles only. HEARINGS: With the unanimous consent of the Council, Agenda Item D -9 was taken out of order at this time. 1. Mayor McInnis opened the public hearing regarding the proposed amendments to the Residential Growth Element and the Land Use Element of the Newport Beach General Plan. Reports were presented from the Community Develop- ment Department. A letter from John Curci and L. A. Turner protesting the proposed amendments relating to the Lido Penin- sula was presented with letters from the Friends of Newport Bay requesting deletion of the proposed commercial development for the open lands east of Irvine Avenue and south of University Avenue in the northwest section around Upper Newport Bay, and also letters from Mrs. Howard Babb, Mrs. Diane Luna and Dan Cohen protesting commercial develop- ment in that area; and a report from the Environ- mental Quality Control Citizens Advisory Committee supporting the recommendations of the Friends of Newport Bay. y The following people addressed the Council and suggested changes in the Residential Growth Element and the Land Use Element:t Frank Robinson and Ray Williams representing Friends of Newport Bay, Valerie Murley representing Citizens' Environmental Quality Control Committee, Mrs. Howard Babb, Hancock Banning representing Beeco, Ltd., Larry Moore as Associate Planning Director for The Irvine Company and John L. Curci. x Mr. Williams was granted an additional minute for x x x x x x x his presentation. x Mr. Banning was granted an additional minute for x x x x x x x his presentation. x Mr. Moore was granted five additional minutes for xxxxxxx his presentation, and an additional three minutes. Volume 27 - Page 314 I I INDEX General Plan COUNCILMEN PO �< 0 p 00 �'.� OS ROLL CALL T� pN a 7C am 1% 1-7 iaP72 MINUTES INDEX Motion x The hearing was closed. s xxxxxxx Councilman Ryckoff made a motion to approve an Jaml average of 6 dwelling units per acre for the unde- PCH veloped and unclassified property at Jamboree and Coast Highway. Motion x Councilman Kymla made a substitute motion to Ayes x x x x x establish 8 dwelling units per acre for this property, Noes x x as originally adopted by Council, and to identify this portion of the property as more identifiable to a single family type use and the remaining portion to a condominium type use, which motion carried. Councilman Croul made a motion to approve 8 Mac. dwelling units per acre for the undeveloped and 5th 1 unclassified property at MacArthur and 5th Avenue in Corona del Mar. Councilman Store made a substitute motion to establish the density for this area at 6/15 dwelling units per acre. Motion x Mayor Pro Tem Rogers made a substitute motion to A es x x x x x establish a maximum of 6 dwelling units per acre for s x x this area, which motion carried. Councilman Kymla made a motion to approve 10 Hari dwelling units per acre for the Harbor View Hills Viev Planned Community area. Councilman Store made a substitute motion to establishz 8 dwelling units per acre for this area. Motion x Councilman Croul made a substitute motion to Ayes x x x x establish 10 dwelling units 'per acre for this area, Noes x x x which motion carried. The density for the Castaways property was limited Casi Motion x to 8 dwelling units per acre as originally adopted on Ayes xxxxxxx May 29, 1973. The density for the Newporter -North site was limited New Motion x to 8 dwelling units per acre as originally adopted on Nori Ayes xxxxxxx May 29, 1973. The densities for the zoned sites of Newport Center, Zon MacArthur Boulevard/ Pacific View, San Joaquin Site Hills Road south of the reservoir, Lido Peninsula on x and the area north of Newport Crest were app=bved s xxxxxxx as originally adopted on May 29, 1973. Volume 27 - Page 315 >oree / k rthu r kvenue )or , Hills sways porter h ad COUNCILMEN n�3 cm .. 94 N NQ MINUTES ROLL CALL T4 vN a y� yF December 17, 1973 INDEX Motion x Commercial development as an alternate use in the Upper Ba x x x x x x x northwest section around Upper Newport Bay was West �s deleted. Motion x Councilman Dostal made a motion to establish this area as single family residential at 6 dwelling units per gross acre, excluding tideland areas, flood channels and drainage easements. Motion x Councilman Store made a substitute motion to limit Ayes x x x the density to 4 dwelling units per gross acre, Noes x x x x excluding tideland areas, flood channels and drainage easements, which motion failed to carry. Ayes x x x x A vote was taken on Councilman Dostal's motion; and Noes x x x the density in the northwest section around Upper Newport Bay was established at 6 dwelling units per gross acre, excluding tideland areas, flood channels and drainage easements in determining the acreage. The Old Newport Boulevard area, located on both sides Old Newl of Newport Boulevard between Catalina Drive and Blvd Motion x 15th Street, adjacent to Newport Heights, was desig- Ayea xxxxxxx nated as a Specific Plan Area. Motion x Resolution No. 8156, amending the Land Use Element R -8156 .s xxxxxxx of the General Plan, was adopted. Motion x Resolution No. 8157, amending the Residential Growth R -8157 Ayes xxxxxxx Element of the General Plan, was adopted. With the unanimous consent of the Council, Agenda Item D -12 was taken out of order at this time. 2. Mayor McInnis opened the public hearing regarding Big an amendment to the Planned Community Develop- Canyon ment Standards for "Big Canyon" by reducing the densities in Areas 1, 6, 10 and 14, located north of San Joaquin Hills Road, west of MacArthur Boulevard, south of Ford Road and east of Jamboree Road, Planning Commission Amendment No. 386. A report was presented from the Community Develop- ment Department. A Minority Report from Planning Commissioner Jame Parker stating he does not agree with the majority of the Newport Beach Planning Commission and that he believes The Irvine Company does have vested rights in the Big Canyon Planned Community was presented. • Volume 27 - Page 316 ,.. COUNCILMEN 9 ROLL CALL �\�ICP PoZaofNyC pm. L M1 A} MI M A) N( Al N( I L M Ai Ni CITY OF NEWPORT BEACH n�f.4fV.�1CY 17 1071 MINUTES 111191 �;1 Mrs. Howard Babb addressed the Council regarding ' an Environmental Impact Report for the area around Upper Newport Bay. Larry Moore, Associate Planning Director for The Irvine Company, addressed the Council. �tion x The hearing was closed. . es xxxxxxx )tion x Councilman Croul made a'motion to approve 11 dwelling units per acre in Area 1, 10 dwelling units per acre in Area 6, 15 dwelling units per acre in Area 10, and 7 dwelling units per acre in Area 14. )tion x Councilman Ryckoff made a substitute motion for the es x densities to be .8 dwelling units per acre in Areas 1 'es x x x x x x and 6, 10 dwelling units per acre in Area 10, and 7 dwelling units per acre in Area 14, which motion failed to carry. es x x x x x x A vote was taken on Councilman Croul's motion, Pes x which motion carried; and the Planned Community Development Standards for "Big Canyon" were amend- ed by reducing the densities to 11 dwelling units per acre in Area 1, 10 dwelling units per acre in Area 6, ' 15 dwelling units per acre in Area 10, and 7 dwelling units per acre in Area 14. Resolution No. 8158, adopting certain amendments R -8158 )tion x to the Planned Community Development Standards for ,es : x x x x x x Big Canyon, was adopted. )es x The regular order of business was resumed.. 3. Mayor McInnis opened the continued public hearing in Dist Maps connection with. Ordinance No. 1532, being, 45 & 46 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICTING MAPS NOS. 45 AND 46, Planning Commission Amendment No. 403, con- forming zoning to the General Plan by rezoning pro- perty generally bounded on the northeast by the City of Costa Mesa's city limits, on the ,south by the "Newport Crest" residential condominium develop - ment and on the west by unincorporated territory of Orange County, from the R -3 -B -2 District and the Unclassified District to the P -C (Planned Community) District. Volume 27 - Page 317 ROLL CAI • Moti Aye i Moti Aye: u Mot: Aye Mot: Aye • COUNCILMEN p�p�3 0 00 o O N � L TT pN NCy 01 10 CITY OF NEWPORT BEACH December 17. 1973 MINUTES INDEX Mrs. Howard Babb addressed the Council regarding Environmental Impact Reports for all zoning changes. Hancock Banning, representing Beeco, Ltd., addressed the Council stating he would cooperate with the City in the new zoning. on x The hearing was closed. 3 xxxxxxx On x Ordinance No. 1532 was adopted. 3 xxxxxxx 4. Mayor McInnis opened the continued public hearing Dist in connection with Ordinance No. 1533, being, Map 32 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICTING MAP NO. 32, Planning Commission Amendment No. 405, con- forming zoning to the General Plan by rezoning pro- perty generally bounded on the north by Harbor View Drive, on the northeaist by Sea Lane, on the east by Goldenrod Avenue, on the south by Fifth Avenue (and its westerly extension), and on the west by MacArthur Boulevard, from the Unclassified District to the P -C (Planned Community) District. Larry Moore stated The Irvine Company had no objections. ion x The hearing was closed. s xxxxxxx ion x Ordinance No. 1533 was adopted. s xxxxxxx ' 5. Mayor McInnis opened the continued public hearing in Dist Maps connection with Ordinance No. 1534, being, 24,37 & 4 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICTING MAPS NOS. 24, 37 AND 48, Planning Commission Amendment No. 406, con- forming zoning to the General Plan by rezoning pro- perty generally bounded on the northwest by Jamboree Road, on the northeast by The Irvine Coast Country Club, and on the south by East Coast Highway, from the Unclassified District to the P -C (Planned Com- munity) District. Volume 27 - Page 318 COUNCILMEN P� \1CP o � 0 \CO % 2p00 ROLL CALL oAd N CITY OF NEWPORT BEACH December 17. 1973 MINUTES INDEX Qaps it Aaps 65 Larry Moore stated The Irvine Company had no • objections. Motion x The hearing was closed. Ayes xxxxxxx Motion x Ordinance No. 1534 was adopted. Ayes xxxxxxx 6. Mayor McInnis opened the continued public hearing Dist I in connection with Ordinance No. 1535, being, 32 & ! AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICTING MAPS NOS. 32 AND 51, Planning Commission Amendment No. 407, con- forming zoning to the General Plan by rezoning pro- perty generally bounded on the north by Harbor View Drive, on the east by Marguerite Avenue, on the south by Grant Howald Park and on the west by Harbor View Elementary School, from the R -3 -B District to the R-1 -B District; and property generally bounded on the north by Sandcastle Drive, on the east by City of Newport Beach city limits, on the south by Fifth Avenue and on the west by the northeast corner of Marguerite Avenue and Fifth Avenue from the R -2 -B District to the R-1 -B District. Larry Moore stated The Irvine Company had no objections. Motion x The hearing was closed. Ayes xxxxxxx Motion x The Ordinance No. 1535 was adopted. Ayes xxxxxxx ' 7. Mayor McInnis opened the continued public hearing in Dist 7 connection with Ordinance No. 1536, being, 23 & AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICTING MAPS NOS. 23 AND 65, Planning Commission Amendment No. 408, con- forming zoning to the General Plan by rezoning pro- perty generally bounded on the north by Westcliff Drive, on the east by Upper Newport Bay, on the south by West Coast Highway and on the west by Dover Drive from the C -1 -H, R -4 and Unclassified • Districts to the P -C (Planned Community) District. Volume 27 - Page 319 Qaps it Aaps 65 ROLL CALI 4 IV A I 4 s T J4 COUNCILMEN ne.. e...7.e,. 17 1 071 MINUTES INDEX ►p s z 36 aps Letters were presented from the Dover Shores Com- munity Association opposing the development of the Castaway property as a planned community and opposing extension of Santiago Drive as proposed. Larry Moore stated The Irvine Company had no objections. Mrs. Howard Babb addressed the Council regarding an Environmental Impact Report. Lotion x The hearing was closed. yes xxxxxxx Lotion x Ordinance No. 1536 was adopted. yes xxxxxxx 8. Mayor McInnis opened the continued public hearing Dist M in connection with Ordinance No. 1537, being, 29,301 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICTING MAPS NOS. 29, 30 AND 36, Planning Commission Amendment No. 409, con- forming zoning to the General Plan by rezoning pro- ' perty generally bounded on the northeast by University Drive, on the southeast by the Orange County Flood Control Channel and Upper Newport Bay, on the south by Santiago Drive and on the west by Irvine Avenue from the Unclassified District to the P -C (Planned Community) District. Mrs. Howard Babb addressed the Council urging preparation of an Environmental Impact Report. Larry Moore stated The Irvine Company had no objections. lotion x The hearing was closed. .yes xxxxxxx lotion x Ordinance No. 1537 was adopted. .yea xxxxxx 9• Mayor McInnis opened the continued public hearing in Dist M connection with Ordinance No. 1538, being, 38 & 6 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING . DISTRICTING MAPS NOS. 38 AND 60, Planning Commission Amendment No. 410, con- forming zoning to the General Plan by rezoning pro - Volume 27 - Page 320 ►p s z 36 aps COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROLL GALL *� vN v� YF December 17 1973 INDEX perty generally bounded on the north by San Joaquin Hills Road, on the east by Jamboree Road, on the south by the Newporter Inn and on the west by Back Bay Drive and Upper Newport Bay, from an Unclassi- fied District to the P -C (Planned Community) District. Mrs. Howard Babb addressed the Council urging preparation of an Environmental Impact Report. Larry Moore stated The Irvine Company had no objections. Motion x The hearing was closed. Ayes xxxxxxx Motion x Ordinance No. 1538 was adopted. Ayes xxxxxxx 10. Mayor McInnis opened the continued rehearing Kamph regarding the appeal of Harry N. Kamph from the Appeal/ decision of the Planning Commission granting Use UP 166 °. Pe rmit No. 1665 to Isley - Connelly to construct four dwelling units and appurtenant structures at 1319 E. Balboa, on the south side of East Balboa Boulevard between "E" and "F" Streets, on the Balboa Penin- sula, zoned R -3. A statement from Mrs. Miriam Blaich in favor of Use Permit No. 1665 was presented. Mayor McInnis stated for the record that although he had been absent on November 12, he had reviewed the tape of that meeting. Dan Connelly addressed the Council. Motion x Mr. Connelly was granted in additional minute for Ayes xxxxxxx his presentation. Harry Kamph addressed the Council. Motion x Mr. Kamph was granted an additional 3 minutes for Ayes x x x x x his presentation. Noes x x The following people addressed the Council in opposition to Use Permit No. 1665: Ellis Glazier, Layton Stanton, Hord Seeley, Margot Skilling and Shirley Moore. The following people addressed the Council in favor of Use Permit No. 1665: Goldie Joseph, Willard Courtney, Dr. John Isley and John Blaich. Volume 27 - Page 321 COUNCILMEN p� F� p0 np o, aA 30 22 OG A O ROLL CALL T pm N C 9C pm December 17, 1973 MINUTES INDEX Motion x The hearing was closed. as xxxxxxx Motion x The findings of the Planning Commission were over - Ayes x x x x x ruled, and Use Permit No. 1665 was denied. Noes x x 11. Mayor McInnis opened the public hearing regarding General the adoption of the Master Plan of Bikeways as part Plan of the Recreation and Open Space Element of the General Plan. A report was presented from the Bicycle Trails Citizens Advisory Committee regarding the contro- versial trails. A report was presented from the Community Develop- ment Department. Willard Wade addressed the Council questioning how the bikeways would relate to parking in the Dover Drive area. Harry Kamph and Mary Blake, member and Chairman of the Bicycle Trails Citizens Advisory Committee, respectively, addressed the Council regarding the • Committee's future study of the controversial trails. Motion x The hearing was closed. Ayes xxxxxxx Resolution No. 8159, adopting the Master Plan of R -8159 Bikeways as part of the Recreation and Open Space Motion x Element of the Newport Beach General Plan, was Ayes xxxxxxx adopted. 12. Mayor McInnis opened the public hearing regarding General adoption of the Recreation and Open Space Element Plan of the Newport Beach General Plan; and acceptance of Environmental Impact Report EIR /NB 73 -041. A report was presented from the Community Develop- ment Department. The following people addressed the Council and suggested changes in the Recreation and Open Space Element: Margot Skilling, Mrs. Howard Babb, and Larry Moore representing The Irvine Company. Valerie Murley, Chairman of the Environmental Quality Citizens Advisory Committee, addressed the Council and urged adoption of the element. Volume 27 - Page 322 COUNCILMEN P�O�?' 41`n ?'P ONA NO ROLL CALL r P 9N a C 9f 10 CITY OF NEWPORT BEACH December 17. 1973 MINUTES INDEX Motion x The hearing was closed. &s xxxxxxx Motion x The hearing was reopened. Ayes xxxxxxx Margot Skilling questioned the number of times the Element could be amended. Motion x The hearing was reclosed. Ayes xxxxxxx Motion x Environmental Impact Report EIR /NB 73 -041 was Ayes xxxxxxx accepted; and the following resolution was adopted with minor procedural changes: Resolution No. 8160 adopting the Recreation R -8160 and Open Space Element of the Newport Beach General Plan. 13. Mayor McInnis opened the public hearing regarding Charter the proposed Charter revisions, as submitted by the Revision: Charter Review Citizens Advisory Committee. Reports from the City Attorney catagorizing the suggested Charter revisions and regarding an amend- ment to Section 1401 of the City Charter to allow onshore slant drilling for oil in the City were pre- sented. A Minority Report from Roy Woolsey, member of the Charter Review Citizens' Advisory Committee, regarding residency requirements for Councilmen, freeways and oil drilling, and a letter from Isabelle Kleiman of Orange in favor of offshore oil drilling were received after the agenda had been printed. e The following people addressed the Council regarding the proposed oil drilling amendment: Suzanne Rudd representing Newport Shores Community Association requested continuance of the matter, Mrs. Jerry Stewart opposed slant drilling and Jim Gilstrap was in favor of slant drilling. . Motion x The hearing was closed. Ayes xxxxxxx The 'Housekeeping" Proposition, making minor language changes or other changes made necessary by Motion x law in Sections 401, 408, 417, 706, 709, 712, 900 and s xxxxxxx 1404, was approved. Volume 27 - Page 323 COUNCILMEN 9� �L p0 f� 3 �n O ROLL CALL \% pa a �� pi^ CITY OF NEWPORT BEACH December 17, 1973 MINUTES U= an m sle The Reimbursement Proposition, increasing the tion x reimbursement of expenses for the Mayor and s x x x x x Councilmen and providing for reimbursement to Noes x Boards and Commissions in Sections 402, 404 and Abstain x 705, was approved. Motion x The Contracts - Lease Restrictions Proposition, Ayes x x x x x permitting contracts and leases of property for 55 Noes x x • years in Section 420, was approved. The Contracts - Public Works Proposition, increas- Motion x ing the amounts required to be let by Council from Ayes x x x x x x x $5, 000 to $12, 000 in Section 1110, was approved. The Waterfront Property Proposition, permitting the Motion x lease, sale or exchange of waterfront property upon Ayes x x x x x x x prior voter approval in Section 1402, was approved. Motion x The question of slant oil drilling was referred to the . Ayes x x x x x x Technical Oil Advisory Committee for an in -depth study and for report back to Council with technical information on both sides of the issue; and the Appointments Committee was directed to make a recommendation for an appointment of another member to the Technical Oil Advisory Committee. oion x The proposed Charter revisions were approved, with Gen Mi s xxxxxxx the exception of the proposed slant oil drilling pro- Electic vision; and Resolution No. 8161, ordering the sub- R -8161 mission of proposed amendments to the Charter of the City of Newport Beach to the qualified electors of said City at the regular General Municipal Election to be held on April 9, 1974, was adopted. 14. Mayor McInnis opened the public hearing regarding Lido I. the request of the Lido Isle Community Association Comm for a 25 -year renewal of its lease with the City of Assoc Newport Beach for tidelands, water frontage and beaches. A letter from R. W. Wright stating that if Lido Isle beach leases are continued, "they must be subject to enforced conditions and obligations accepted by the City as to public use and access in the deeds, " was presented with a letter from the Newport Heights Association stating that its Board of Directors unanimously passed a resolution against the City's leasing property without total public approval and objecting to subject lease and a letter from P. D. (Dee) Cook presenting questions in connection with Potion the Lido Beaches lease. x The hearing was continued to January 28, 1974; and Ayes xxxxxxx the City Attorney was directed to prepare a compre- hensive legal opinion. Volume 27 - Page 324 an m sle ROLL CALL 4 IV A r E 1 COUNCILMEN 9�Ft p0� � NNA % 3CO Z O a o r 9 mpm w C 9C pt� CITY OF NEWPORT REACH December 17. 1973 MINUTES INDEX LI L c_ ORDINANCES FOR SECOND READING AND ADOPTION: / 1. Amended Ordinance No. 1542, being, Abandone Vehicles AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 1. 12. 020 AND 12.40.190 OF THE NEWPORT BEACH MUNICIPAL CODE TO EMPOWER POLICE CADETS TO CITE AND STORE ABANDONED VEHICLES, was presented for second reading. [otion x Ordinance No. 1542 was adopted. yes xxxxxxx CONTINUED BUSINESS: 1. Proposed Ordinance No. 1543, being, Dist Map 8 AN ORDINANCE OF THE CITY OF NEWPORT 0 -1543 BEACH REZONING PROPERTY AND AMENDING DISTRICTING MAP NO. 8, Planning Commission Amendment No. 413, con- forming zoning to the General Plan by rezoning , property generally bounded by "The Rhine" on the north and the west, the West Lido Channel on the east, and the Newport Channel on the south, from the C -2 and M -1 Districts to the P -C (Planned Community) District. lotion x Ordinance No. 1543 was introduced and set for .yes x x x x x x x public hearing on January 14, 1974. Z. Proposed Ordinance No. 1544, being, Dist May r 39, 41, 54 AN ORDINANCE OF THE CITY OF NEWPORT 54, 56 & BEACH REZONING PROPERTY AND AMENDING 0 -1544 DISTRICTING MAPS NOS. 39, 41, 54, 56 AND 58, Planning Commission Amendment No. 414, con- forming zoning to the General Plan by rezoning property generally bounded by Bison Avenue on the north (and its easterly extension), MacArthur Boule- vard on the East, Ford Road on the South and Jamboree Road on the west (Philco -Ford site), from the Unclassified District to the P -C (Planned Com- munity) District. Won x Ordinance No. 1544 was introduced and set for Lyes x x x x x x x public hearing on January 14, 1974. Volume 27 - Page 325 LI L c_ COUNCILMEN P�\�P 9 p'P f0 2 O �A O ROLL CALL pa N f yC p0" • ' O, ■ December 17. 1973 MINUTES INDEX 3. Proposed Ordinance No. 1545, being, Dist Map 65 • AN ORDINANCE OF THE CITY OF NEWPORT 0 -1545 BEACH REZONING PROPERTY AND AMENDING DISTRICTING MAP NO. 65, Planning Commission Amendment No. 415, con- forming zoning to the General Plan by rezoning property generally bounded by the Upper Newport Bay on the north, "Newport Dunes" on the east, East Coast Highway on the south and the Upper New- port Bay on the west (Bayside Village Mobilehome Park and Boat Storage), from the Unclassified District to the P -C (Planned Community) District. Motion x Ordinance No. 1545 was introduced and set for Ayes x x x x x x x public hearing on January 14, 1974. 4. Proposed Ordinance No. 1546, being, Dist Map 32, 48, AN ORDINANCE OF THE CITY OF NEWPORT 49 & 50 BEACH REZONING PROPERTY AND AMENDING 0 -1546 DISTRICTING MAPS NOS. 32, 48, 49 AND 50, Planning Commission Amendment No. 416, con- forming zoning to the General Plan by rezoning . property generally bounded by San Joaquin Hills Road on the north, Santa Cruz Drive on the east, Santa Barbara Drive and Newport Center Drive West on the south, and Santa Barbara Drive and Jamboree Road on the west; and on property generally bounded by San Joaquin Hills Road on the north, MacArthur Boulevard on the east, East Coast Highway on the south, and Avocado Avenue (and its southerly extension) and a vacant parcel on the west side of Newport Center Drive on the west (portions of Newport Center), from the' G -O -H, C- O -H -UL, C -N -H and Unclassified Districts to the P -C (Planned Community) District. Motion x Ordinance No. 1546 was introduced and set for Ayes x x x x x x x public hearing on January 14, 1974. 5. Mayor McInnis' appointment of Wiley McNair as an Bicycle Motion x alternate member on the Bicycle Trails Citizens Trails Ayes x x x x x x x Advisory Committee, was confirmed. Citizens Adv Cmt 6. A report was presented from the City Manager Energy regarding energy conservation in the areas of night Conner- recreation lighting, scheduling City Council and vatio. • Commission meetings during daylight hours and reducing intensity of street lights. Volume 27 - Page 326 COUNCILMEN CO) ON f03 ?O .� O ROLL CALL December 17. 1973 MINUTES 111161 �:� lotion x It was directed that alternate street lights on East - x x x x x x x bluff Drive (except at intersections) be turned off on �s an experimental basis; and the question of reduction of lighting for nighttime recreational activities was referred to the Parks, Beaches and Recreation Commission for review and recommendation. CURRENT BUSINESS: 1. A report was presented from the City Clerk regarding Gen Mun the General Municipal Election to be held April 9, Election 1974. Resolution No. 8162, calling and giving notice of the R -8162 holding of a General Municipal Election to be held in said City on Tuesday, the 9th day of April, 1974, for the purpose of electing four members of the City vlotion x Council as required by the provisions of the Charter kyes x x x x x x x of the City of Newport Beach, was adopted. Resolution No. 8163, requesting the Board of Super- R -8163 visors of the County of Orange to permit the County Clerk of said County to render specified services to the City of Newport Beach relating to the conduct of Motion x a General Municipal Election to be held in said City .s x x x x x x x on April 9, 1974, was adopted. Motion x The City Clerk was directed to accept nomination Ayes xxxxxxx papers from candidates who have been registered voters of the City of Newport Beach for one year or more prior to election day; and it was determined that candidates filing Statements of Qualifications shall be billed for the prorated costs of printing and handling the statements and shall deposit $150 at the time of filing said statement. Z. A report was presented from the Community Develop- Tract 842 ment Department regarding the Final Map of Tract 8425, subdividing 24.299 acres into 88 lots for attached single - family residential development and one landscaped lot, located at the southwest corner of San Joaquin Hills Road and Marguerite Avenue (Phase I of Jasmine Creek), zoned P -C. Leland Johnson, engineer representing the subdivider, briefly addressed the Council. Motion x The Final Map of Tract 8425 was approved, subject to Ayes xxxxxxx the conditions recommended by the Planning Com- mission; and Resolution No. 8164, authorizing the R -8164 execution of an agreement with M. J. Brock and Sons, Inc., subdivider, for the construction of improve- ments in Tract No. 8425, was adopted. Volume 27 - Page 327 ROL L r M Ay M A y M A COUNCILMEN CITY OF NEWPORT BEACH MINUTES CALL D ➢ " December 17, 1973 3. A report was presented from the Community Develop- B Boys' COUNCILMEN CITY OF NEWPORT BEACH , 1 ( .O ROLL CALL % O T)P..cP.mbP_r 17. 1 971 41 Mc Ay Mc Ay Mc Ay Ir I` 4 MINUTES INDEX 1 rig n e- .h c American Legion Resub 413 R -8166 Police Tow Truck Service R -8167 Police Tow Truck Service R -8168 Stop Signs R -8169 Ford Rd Widening R -8170 6. A letter was presented from the Board of Directors of the Newport Harbor American Legion Post No. 29 ' requesting a 25 -year extension of its present lease on City -owned property located at 15th Street and Newport Bay. Don Donaldson, President of the Board of Directors of American Legion Post No. 291, addressed the Council. �tion x Mr. Donaldson was granted two additional minutes es x x x x x x x for his presentation. )tion x The matter was postponed until April, 1974. es xxxxxx CONSENT CALENDAR: )tion x The following items were approved by one motion affirmi es x x x x x x x the actions on the Consent Calendar: 1. The following resolutions were adopted: Resolution No. 8166 authorizing the execution of an agreement with Wayne and Willig, Inc., subdivider, for the construction of improvements in Resubdivisic ' No. 413 (John Wayne Tennis Club), located on the westerly side of Jamboree Road northerly of the Newporter Inn. (A report from the Public Works Director was presented.) Resolution No. 8167 authorizing execution of an agre ment between the City of Newport Beach and Coast Towing Company in connection with tow truck ser- vices. Resolution No. 8168 authorizing execution of an agreement between the City of Newport Beach and Harbor Towing Company in connection with tow trucl services. Resolution No. 8169 designating intersections at whi vehicles are required to stop and directing the Traff: Engineer to erect necessary stop signs; at various intersections in Koll Center Newport and in Newport Place. (A report from the Public Works Departmen was presented. ) Resolution No. 8170 requesting the County of Orange to include within the Arterial Highway Financing Pro gram for Fiscal Year 1974 -75 the widening of a ' portion of Ford Road. (A report from the Public Works Director was presented.) Volume 27 - Page 329 1 rig n e- .h c American Legion Resub 413 R -8166 Police Tow Truck Service R -8167 Police Tow Truck Service R -8168 Stop Signs R -8169 Ford Rd Widening R -8170 ROLL 4 L COUNCILMEN \�n�2i Oita Z O_OA NO. CITY OF NEWPORT BEACH MINUTES .CALL *� sN w c 9{ "m December 17, 1973 INDEX 2. The following communications were referred as ' indicated: Referred to staff for reply, letter from Mrs. Renell Upper Potter urging preservation of Upper Newport Bay and Npt Bay asking what is being done to save the uplands. Referred to Planning Commission for inclusion in on- Trans - going studies, letter from the Harbor View Hills portatiox Homeowners Association opposing the proposed Plan rerouting of Pacific Coast Highway through the Fifth Avenue Corridor and supporting the routing of the Corona del Mar Freeway via Bonita Canyon; letters from the Corona del Mar Citizens' Petition Committee notifying that they have collected 4765 signatures in opposition to the use of 5th Avenue in Corona del Mar for any highway oriented use and in opposition to a freeway -type interchange at MacArthur Boulevard and Coast Highway, and in support of the relocation of the Corona del Mar Freeway through Bonita Canyon; copies of letters from the Corona Highlands Property Owners Association and the Harbor View Parent Faculty Organization opposing use of 5th Avenue for highway purposes and supporting.the rerouting of the Corona del Mar freeway along the Bonita- Coyote alignment; and copy of letter from Calvin McLaughlin and Gerard Van Hoven projecting Corona del Mar traffic patterns to 1990 and opposing the proposed Fifth Avenue realignment and supporting the relocation of the Corona del Mar freeway through Bonita Canyon. Referred to staff for study, letter from Stanley Gould, Claim/ attorney at law, regarding Newport Elks Lodge #1767 Elks Lodi inverse condemnation claim against the City in con- nection with Lido Village /Koll redevelopment. 3. The following communications were referred to the City Clerk for filing and inclusion in the records: Copy of letter to Supervisor Ronald Gaspers from OrCo Helen K. Levinson protesting the early morning Airport takeoff pattern from Orange County Airport. Letter from Harry S. Rinker to Mayor McInnis in OrCo connection with E. I. S. filed by the County on Orange Airport County Airport. Letter from West Newport Beach Improvement Stop Sign Association supporting the move of the 36th Street traffic stop sign to 38th Street. Volume 27 - Page 330 ROLL CALL • • COUNCILMEN CITY OF NEWPORT BEACH 17, 197 Excerpt from Minutes of Board of Supervisors meeting of December 4, 1973 indicating that the request of the City for the Board to reconsider its action to discontinue the Preferential Runway Use Program at the Orange County Airport had been received and ordered filed. Agenda of Board of Supervisors meetings of December 11 and 12, 1973. MINUTES 4. The following claims were denied, and the City Clerk's referral to the insurance carrier was con- firmed: Claim of Denine Janice Baeseman, a minor, for personal injuries received on September 12 when she was wounded by a Newport Beach Police Officer in the performance of his duties while pursuing a kidnapper, and for which negligence on the part of the City is alleged. Summons and Complaint for Assault and Battery and for Negligence filed by Charles Z. Whitney, Plaintiff, Case No. 208908 in Orange County Superior Court. Summons and Complaint for Personal Injury and Pro- perty Damage of Ruth Garnier, Case No. 208618 in Orange County Superior Court. Claim of Ralph W. Smith for damage to his automo- bile on November 27, 1973, allegedly caused when he was struck by a City vehicle in front of 2601 Pacific Coast Highway. Claim of Newport Elks Lodge #1767 for Inverse Con- demnation alleging that the City's approval of the Lido Village /Koll has deprived them of ingress and egress to their abutting property at 3456 Via Oporto. 5. . The following request to fill personnel vacancies was approved: (A report from the City Manager was presented) One Police Clerk I in the Police Department to fill a position to be vacant. 6. The following staff report was received and ordered filed: A report from the City Attorney regarding the filing of Petition for Review of an Order of the Adminis- trator in connection with City of Newport Beach vs. Environmental Protection Agency. Volume 27 - Page 331 INDEX OrCo Airport Claims Baeseman Whitney Garnier Smith Elks Lodg: EPA ROLL CAL 0 0 • COUNCILMEN Sp 3 m Zypo NA o L '��PN N CyC pP^ CITY OF NEWPORT December 17 1973 INDEX 7. The public improvements constructed in Tracts 7052 Tracts and 6905, located at Vista del Oro, Vista Nobleza 7052 & and Vista Umbrosa in the North Bluff Planned Resi- 6905 dential Development were accepted; and the City Clerk was authorized to release the Faithful Performance Bonds and to release the Labor and Materials Bonds in six months provided that no claims have been filed. (A report from the Public Works Director was pre- sented.) 8. The following Harbor Permit Application was ap- Harbor proved, subject to the prior approval of the U. S. Permit Corps of Engineers and the South Coast Regional Zone Conservation Commission: Harbor Permit Application No. 120 -2212 of South South Coast Shipyard and Design to construct major repairs Coast to bring the present structure into compliance with Shipyard the City's plumbing, electrical and structural require- ments and to revise a small section of the existing facilities by the addition of two finger floats. (A report from the Marine Safety Department was pre- sented.) 9. Council Policy E -2, City Council Meeting Agenda Agenda Mailings, to provide for service to all who furnish Mailings stamped, self - addressed envelopes, was adopted. 10. The expense account of Councilman Dostal for atten- dance at the National Congress of Cities in San Juan, Puerto Rico, December 1 -8, 1973, was approved. 11. The following Budget Amendment was approved: BA -23, $8, 500 increase in Budget Appropriations and decrease in Unappropriated Surplus for engineering and soil sampling in conjunction with plans and speci- fications for San Joaquin Hills Park, Phase 2, Building Excise Tax Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. At the request of Councilman Ryckoff, it was agreed Density to defer the letter from Newport Residents United Refee ;u; regarding a referendum on a zoning and growth policy for the City and the report from the City Attorney regarding voluntary referendum on zoning - and density until the matter could be taken up under Additional Business. Volume 27 - Page 332 COUNCILMEN CITY OF NEWPORT BEACH P� 1 p 30 3 O�Zp0 NA O j. ROLL CALL T� aN N s� pF December 17, *ion Ayes r1 LJ Motion X1 Ayes x x x x Motion x Ayes x Noes x x x Motion Ayes Motion Aye s .• x 1973 MINUTES 2. After Goldie Joseph received clarification of the definition of building site and the proposed changes in notification, the following ordinances were introduced and set for public hearing on January 14, 1974: Proposed Ordinance No. 1547, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20. 02-090 OF THE NEWPORT BEACH MUNICIPAL CODE TO REVISE THE DEFINITION OF "BUILDING SITE. " Proposed Ordinance No. 1548, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 20. 54. 050 AND 20. 54.060 OF THE NEWPORT BEACH MUNICI- PAL CODE PERTAINING TO NOTIFICATION REQUIREMENTS IN CONNECTION WITH CITY COUNCIL ACTIONS ON ZONE CHANGES. Reports were presented from the Community Develop- ment Department regarding the above ordinances. ADDITIONAL BUSINESS: 1. Sue Wilson, Vice Chairman of the City Arts Com- mittee, was appointed as the General Chairman of the working committee of the Bicentennial Subcom- mittee for the American Revolution Bicentennial Celebration. 2. Councilman R;yckoff made a motion to adopt a reso- lution to place a referendum on the April 9 ballot limiting density in the City to eight dwelling units per acre, which motion failed to carry. A letter from Newport Residents United with attached pro argument in support of a referendum on a zoning and growth policy for Newport Beach was referred to the City Attorney for reply; and the report from the City Attorney regarding voluntary referendum- zoning and density was received and ordered filed. 3. Resolution No. 8171, pledging mutual cooperation with other local governmental agencies in pooling resources in the event of critical energy shortages, was adopted. Volume 27 - Page 333 INDEX Bldg Site 0-1547 Hearing Procedures 0-1548 Bicen- tennial Density Referen- dum Energy Crisis R -8171 ROLL CALL Mo Ay MC Ay 4 Mc Ay Mc Ay Mc Ay A COUNCILMEN �o mp �n C7r pm • erg � TlanomhPr 17. 1Q71 MINUTES INDEX s )t/ t/ 4. A report was presented from the Marine Safety Harbor Department regarding a Harbor Permit for #6 Collins Permit/ Island. #6 Collin Island Lion x A Harbor Permit for #6 Collins Island was approved. :s xxxxxxx 5. A report was presented from the Marine Safety Promon- Department regarding cantilevered patio decks in tory Promontory Bay. Bay tion x The Harbor Permit Policies, Section 29 Patio Decks, Harbor :s xxxxxxx were amended to allow cantilevered patio decks Permit within Promontory Bay; subject to the following Policies conditions being written on each Harbor Permit for that area: "(a) that the permittee shall be responsible for and shall maintain the area delineated on the Harbor Permit free and clear from floating rubbish, debris or litter at all times, and (b) that the permittee shall be responsible for all maintenance dredging, in accordance with the design profile for Promontory Bay, for the area between the Bulkhead Line and Pierhead Line as delineated by the Harbor Permit. " 6. Resolution No. 8172, authorizing the Mayor and City Crude Manager to negotiate an agreement between the City Oil ' of Newport Beach and an appropriate oil company R -8172 for the purchase of crude oil, and authorizing the termination of the existing agreement between the tion x City of Newport Beach and Carson Oil Company, was es xxxxxxx adopted. 7. A report was presented from the Public Works Ocean Director regarding acquisition of a portion of Block T, Front L( Eastside Addition to Balboa Tract. Balboa Resolution No. 8173, accepting a Grant Deed from R -8173 William C. and Ruth B. Reigle in connection with the tion x purchase of an ocean front lot, was adopted (portion es xxxxxxx of Block T, Eastside Addition to Balboa Tract, located between Ocean Front and the line of high tide on the Balboa Peninsula). BA -24, $1500 transfer of Budget Appropriations from BA -24 Unappropriated Contingency Reserve for acquisition tion x of a portion of Block T of the Eastside Addition to the es xxxxxxx Balboa Tract, General Fund, was approved. 8. Donald Allum, contractor, addressed the Council and Curb Cu requested permission to construct a second curb cut 460 ' at 460 Catalina Drive for the property owner, William Catalina Tough. Volume 27 - Page 334 s )t/ t/ ILMEN CITY OF NEWPORT BEACH ROLL CALL VFVm\ December 17, 1973 MINUTES Motion x A second curb cut at 460 Catalina Drive was approved, Jes x x x x x x x subject to the prior approval of the Public Works Director and the Mayor. 0 K] Mayor McInnis adjourned the meeting at 1:37 a. m. mom I Volume 27 - Page 335 INDEX