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HomeMy WebLinkAbout12/27/1971 - Regular MeetingCOUNCILMEN 3�PSOO� y �� �'o 9s ROLL CALL PresE 0 Motio Ayes Ab s er Motio Ayes Abser • Motic Ayes Absej 0 CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: December 27, 1971 MINUTES INDEX nt x x x x x x Roll Call: Mayor Hirth presented a key to the City to Fire Chief Jan Chic Briscoe upon his retirement after forty -five years of Bri; dedicated service to the City of Newport Beach. n x The reading of the Minutes of the Regular Meeting of X x x x x x December 13, 1971 was waived, and said Minutes were t x approved as written and ordered filed. n x The reading in full of all ordinances and resolutions under x x x x x x consideration was waived, and the City Clerk was directed Lt x to read by titles only. HEARINGS: 1. Mayor Hirth opened the public hearing in connection Seri with amended Ordinance No. 1411, being, Stat AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTIONS 20_02. 032 AND 20. 02. 225, AND ADDING CHAPTER 20. 43 TO TITLE 20 OF THE NEWPORT BEACH MUNICI- PAL CODE ENTITLED "AUTOMOBILE SERVICE STATIONS," Planning Commission Amendment No. 299, adding standards for the development of automobile service stations, outlining Use Permit procedures and pro- viding for the improvement of existing stations which would become: nonconforming, as amended by the City Council on December 13, 1971. n x Mayor Hirth made a motion to continue the matter to January 24, 1972 so additional meetings could be had with the automobile service station owners. Blackie Gadarian of Blackie's Boat Yard spoke from the audience against this type of legislation by the City Council. X x x x x x A vote was taken on Mayor Hirth's motion, and the it x hearing was'cnntinued to-January 24, 1972. Volume 25 - Page 337 f icoe rice Ions COUNCILMEN 354+5 c+oA � O P4f 09 ROLL CALL CITY OF NEWPORT BEACH December 27, 1971 MINUTES INDEX ORDINANCES FOR ADOPTION: ® Villa Way 1. Ordinance No. 1416, being, Parking AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.40. 100 OF THE NEWPORT BEACH MUNICIPAL CODE TO PERMIT ANGLE PARKING ON THE WEST SIDE OF VILLA WAY BETWEEN 32ND STREET AND THE ALLEY TO THE SOUTH, was presented for second reading. Motion x Ordinance No. 1416 was adopted. Ayes x xxxxx Absent x 2. Ordinance No. 1417, being, Finger- printing AN ORDINANCE OF THE CITY OF NEWPORT Fee BEACH AMENDING SECTION 5.04. 020 OF THE NEWPORT BEACH MUNICIPAL CODE TO PRO- VIDE FOR FINGERPRINTING FEE IN CONNEC- TION WITH BUSINESS LICENSE APPLICATIONS, imposing an additional fee for fingerprinting processin which is mandatory for certain categories of business licenses, was presented for second reading. Motion x Ordinance No. 1417 was adopted. Ayes x x xxx Absent x ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1418, being, Bicycle Trails AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12. 56. 150 OF THE NEWPORT BEACH MUNICIPAL CODE REGU- LATING BICYCLE TRAFFIC ON COAST HIGHWAY BRIDGE AT THE SANTA ANA RIVER, prohibiting bicycles to be ridden on the Coast Highway Bridge crossing the Santa Ana River, and requiring bicyclists crossing the bridge to walk their bicycles on the existing sidewalk along the south edge of the roadway, was presented with a report from the Public Works Department. tion x Ordinance No. 1418 was introduced and passed to es W x x x x x x second reading on January 10, 1972. sent x Volume 25 - Page 338 ROLL CAL • Motiol Ayes Absen • Motiol Ayes Absen Motio: yes bsen COUNCILMEN CITY OF NEWPORT BEACH December 27, 1971 2. 9 4 Proposed Ordinance No. 1419, being, MINUTES AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 14. 33. 040 OF THE NEWPORT BEACH MUNICIPAL CODE TO PRO- VIDE FOR AN INCREASE IN THE WATER CAPI- TAL IMPROVEMENT CHARGE, revising the amount of the Water Capital Improvement Charge to $900 per acre, was presented with a report from the Public Works Director. Ordinance No. 1419 was introduced and passed to second reading on January 10, 1972, Proposed Ordinance No. 1420, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 15.08. 225 TO THE NEWPORT BEACH MUNICIPAL CODE TO PERMIT USE OF NEW WATER SAVING DEVICES, changing the water closet flushing capacity require- ments, was presented with a report from the Public Works Director. Ordinance No. 1420 was introduced and passed to second reading on January 10, 1972. A proposed ordinance, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 29, Planning Commission Amendment No. 302, rezoning Lot 278 of Newport Heights Tract, located at 1877 Irvine Avenue on the westerly side of Irvine Avenue between Francisco Drive and 22nd Street, at the easterly end of Windward Lane, from an R -1 -B -2 District to R -1 -B -1 District, was presented with a report from the Community Development Director. Community Development Director Dick Hogan gave a report on the findings of the Planning Commission. The proposed ordinance was tabled. Volume 25 - Page 339 INDEX Water Water Dist Map 29 COUNCILMEN 2iF91 0 C, q L O p 9 0 9 2 3 0� o w a ROLL CALL CITY OF NEWPORT BEACH December 27, 1971 MINUTES INDEX .p s 5. Proposed Ordinance No. 1421, being, Dist Map 1 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 1, Planning Commission Amendment No. 309, rezoning Lots 7, 8, 9 and 10, Block 5, Seashore Colony Tract, located at 209 and 211 Walnut Street and 208 and 210 Lugonia Street, on the southerly side of Newport Shores Drive between Lugonia Street and Walnut Street, from a C-1 -H District to an R -2 District, was presented with a report from the Community Develop- ment Director. Community Development Director Dick Hogan gave a report on the findings of the Planning Commission. Motion x . Ordinance No. 1421 was introduced and set for public Ayes x x x x x x hearing on January 10, 1972. Absent x 6. Proposed Ordinance No. 1422, being, Dist Ma 32, 50 I AN ORDINANCE OF THE CITY OF NEWPORT 52 . BEACH REZONING PROPERTY AND AMENDING DISTRICT MAPS NO. 32, 50 AND 52, Planning Commission Amendment No. 306, rezoning a portion of Blocks 93 and 96, Irvine's Subdivision, located north of Harbor View Drive, east of Crown Drive North, south of San Joaquin Hills Road, and west of Marguerite Avenue (Jasmine Creek), from an R -3 -B and R- 4 -B -UL classification to a Planned Com- munity (P -C) classification, was presented with a report from the Community Development Director. Community Development Director Dick Hogan gave a report on the findings of the Planning Commission. Larry Moore, Associate Planner Administrator with The Irvine Company, spoke from the audience re- garding accesses to the subdivision. Motion x Ordinance No. 1422 was introduced and set for public Ayes x x x x x x hearing on January 10, 1972. Absent x • Volume 25 - Page 340 .p s ROLL CAL • Motio: Ayes Absen Motio: Ayes Absen Motio Aye s Absen • Motio: Ayes Absen Motio: Ayes Absen IJ COUNCILMEN CITY OF NEWPORT BEACH ember 27, 1971 JTINUED BUSINESS: MINUTES A report was presented from the City Manager re- garding computer sharing. The City Manager was authorized to negotiate an agreement for computer sharing with the City of Costa Mesa. The Final Map of Tract No. 7432 (portion of Tentative Map of Tract 7432), subdividing 19.933 acres into 58 lots for development as single - family dwellings, and one lettered lotto be landscaped, portion of Block 97 of Irvine's Subdivision located northerly of San "Joaquin Hills Road and westerly of Spyglass Hill Road, was continued to January 10, 1972. A report was presented from the City Manager re- garding conversion of City vehicles to natural gas. Resolution No. 7588, authorizing execution of an agreement between the City of Newport Beach and Dual Fuel Systems, Inc. in connection with conversion of a portion of City vehicles to natural gas, was adopted. tRENT BUSINESS: INDEX Computer Sharing Tr 7432 Natural Gas Con- version R -7588 A report was presented from the Harbor and Tidelands Beach Administrator to the City Manager regarding proposed Sanitation State regulations for sanitation of public beaches. The Mayor was authorized to write a draft letter as revised in the afternoon Study Session; and the Mayor was authorized to send the letter to the California Council on Intragovernmental Relations opposing the proposed standards and suggesting other changes in the proposed regulations. A report was presented from the Parks, Beaches and Interim Recreation Commission regarding Interim Park Plan, Park Plan Phase I. The Interim Park Plan, Phase I, as recommended by the Parks, Beaches and Recreation Commission, was referred to the Planning Commission for review and public hearing. Volume 25 - Page 341 COUNCILMEN 2i � P I C� O ' iy � oC P.` yP y�9FPAG` �� ROLL CALL s CITY OF NEWPORT BEACH December 27. 1971 MINUTES inincv • The Council commended the Parks, Beaches and Recreation Commission for its outstanding job in providing a plan of such high quality for the Council's consideration. 2. A report was presented from the Community Develop- Tr 7693 ment Director regarding the Tentative Map of Tract 7693, subdividing 4.7 acres into 18 lots for develop- ment as single - family dwellings, and requesting that lots be permitted with a minimum average width of 70 feet where the districting regulations require a minimum lot width of 90 feet, Lot 278, Newport Heights, located at 1877 Irvine Avenue, on the westerly side of Irvine Avenue between Holiday Road and 22nd Street. Motion x Councilman Dostal made a motion to diary the matter to January 10, 1972 at which time the staff should present a traffic report and also the possibilities of reversing the cul -de -sac. John Mullan, representing the developer, spoke from the audience and stated they had no objections to turning the cul -de -sac around. yes x x x x x x A vote was taken on Councilman Dostal's motion, and Absent x the matter was diaried to January 10, 1972. 4. A report was presented from the Public Works Di- Green- rector regarding engineering study of the Greenville- ville Banning Channel beach outlet. Banning Channel An expenditure not to exceed $5, 000 for the City's Motion x share of a joint engineering study with the Orange Ayes x x x x x x County Flood Control District of the Greenville - Absent x Banning Channel beach outlet was authorized. 5. A report was presented from the Public Works Di- Mac- rector regarding vacation of a portion of new Mac- Arthur Arthur Boulevard, located on the northeasterly corner Vacation of new MacArthur Boulevard and Pacific View Drive inte r s e cti on. Motion x The following resolutions were adopted: Ayes x xxxxx Absent x Resolution No. 7589 adopting a map showing a R -7589 portion of a certain street known as MacArthur Boulevard which is proposed to be vacated, close up and abandoned. • Volume 25 - Page 342 COUNCILMEN p' 3 t P s o n .� y 2�' 9 p�N�y p� � <�NQt ROLL CALL ✓ CITY OF NEWPORT BEACH December 27, 1971 MINUTES 11.187=:1 Resolution No. 7590 declaring its intention to R -7590 • order the closing up, vacation and abandonment of a portion of a certain street known as Mac- Arthur Boulevard; setting a public hearing for January 24, 1972. 6. A report was presented from the City Attorney re- Civic garding rescission of the agreement for the sale of Center Newport Center property to Orange County for the construction of court facilities. Excerpt from the Minutes of the Board of Supervisors meeting of December 7, 1971 regarding Board motion favoring an 8 acre parcel on the west side of Jam- boree Road just southerly of Campus Drive in New- port Beach for the Harbor Judicial District Court, and instructing the Department of Real Property Ser- vices to prepare an agreement to acquire the site and submit within 45 days for consideration, was pre- sented. City Clerk Laura Lagios stated that in addition to the communications on the agenda, a letter had been received from W. R. Mason, President of The Irvine Company, offering to pay to the City $439, 749. 00, the • amount due Orange County upon rescission of the abov agreement for court facilities; the parcel in question becoming once again subject to the ground lease be- tween The Irvine Company and the City. Resolution No. 75 1,�,trescindiag the agreement be- R -7591 tween the City of Newport Beach and. the County of Motion x Orange for the sale of Civic Center property to the Ayes x x x x x x County of Orange for the construction of Municipal Absent x Court Facilities, was adopted. 7. A report was presented from the City Manager re- Business garding business licenses. Licenses Jack Barnett, Executive Director of the Newport Harbor Chamber of Commerce, spoke in favor of anniversary billing. Motion x The City Attorney was directed to prepare an appro- Ayes x x x x x x priate ordinance amending the business license section Absent x of the Municipal Code to permit the issuance of a twelve -month license. • Volume 25 - Page 343 COUNCILMEN �� 90 ROLL CALL m N 40 CITY OF NEWPORT BEACH December 27. 1971 MINUTES II7f9T=l 4kotion CONSENT CALENDAR: x The following items were approved by one motion affirming Ayes x x x x x x the actions on the Consent Calendar: Absent x 1. The following Advisory Communications were ordered filed: Letter from League of California Cities regarding the Leagi annual committee appointments by the League Presi- Calif dent, and indicating Joseph Devlin, Newport Beach Citie Public Works Director, to be a member of the Com- mittee on Intergovernmental Relations. _ Notice from League of California Cities regarding Labo: Institute on Labor Relations for City Officials to be Relat held in San Diego on February 2 -4, 1972. Instit Letters opposing the development of Upper Newport Bay from the following: Kenneth Nehrenz, Charlie Graham, Craig Rundle, Caren Corbett, Melinda Nakin, Malinda Lively, Joy Brooks and Judith Brooks. Copy of letter to the Orange County Division of League Moto: of California Cities from City of Costa Mesa regarding cycl . recent legislation relative to motor mini -bikes and motorcycles. Copy of letter to the Orange County Division of League Bicyc of California Cities from the City of Costa Mesa regarding bicycle riding. Letter addressed to Councilman Dostal. from O. D. Noise Allison regarding noise from motorcycles and cars. Letter from Len Miller, Laguna High School Track Coach, regarding "slave sale" to raise money for additional uniforms. Copy of Local Agency Formation Commission's 1972 filing and hearing schedule. Resolution of Local Agency Formation Commission approving proposed Detachment No. 8 from the Irvine Ranch Water District. Resolution of Local Agency Formation Commission approving proposed Detachment No. 9 from the Irvine Ranch Water District. Volume 25 - Page; 344 3e ions ate es le s COUNCILMEN 3s- �+yoo� ��o yaov y?iG -A Ny ROLL CALL sir F�01 ` <N$ CITY OF NEWPORT BEACH December 27. 1971 MINUTES imnFy • Notice of hearing before the Public Utilities Com- mission on two applications of Southern California Edison Company for increase in rates. Notice of filing first amendment for additional rate increase to application No. 52987 of Southern Cali- fornia Edison Company which granted rate increase. Resolution of the Board of Supervisors imposing fees Tideland for the use of County tidelands in Newport Harbor. Fees Letter from Senator Carpenter addressed to City City Manager Wynn thanking him for sending the plaque Seal and seal of Newport Beach and stating that it will be placed on his office wall in Sacramento for display, along with the other cities within his Senatorial Dis- trict. Agenda for Board of Supervisors meetings of Decem- ber 14, 15, 21 and 22, 1971. Z. The following communications were referred as indicated: Referred to Planning Commission, resolution of the Regional • Board of Supervisors requesting all cities with an Parks existing or proposed regional park in their sphere of influence to refer tentative tracts which are filed in the area of the regional park to the County Parks Department for comment prior to approval of said tentative tract map. Referred to staff and Planning Commission for con- Residentl sideration, letter from Louise Woolsey commending Off- street "Mr. McInnis and Mr. Rogers for their stand against Parking the ordinance that would require more garages and off street parking in the old built up areas zoned R -2. " 3. The following resolutions were adopted.: Resolution No. 7592 adopting a revised water system Water master plan pursuant to the authority contained in R -7592 Chapter 14. 33 of the Newport Beach Municipal Code entitled "Water Capital Improvement Charges. " Resolution No. 7593 adopting a revised map showing Water the lands benefited by Master Plan facilities pursuant R -7593 to the authority contained in Chapter 14. 33 of the New port Beach Municipal Code entitled "Water Capital • Improvement Charges. " Volume 25 - Page 345 COUNCILMEN yy3 �� ��, 9 9N ROLL CALL CITY OF NEWPORT BEACH December 27. 1971 MINUTES itinFY • Resolution No. 7594 authorizing the execution of an agreement between the City of Newport Beach and Lafayette/ Villa Way/ Raub, Bein, Frost & Associates for engineering ser- Lido Prk vices in connection with improvements on Lafayette Dr Impr Avenue, Villa Way and Lido Park Drive. (A report R -7594 from the Public Works Director was presented.) Resolution No. 7595 authorizing execution of a grant Buffalo deed conveying easement to Newport -Mesa Unified Hills Prk School District in connection with school site adjacent School to Buffalo Hills Park. (A report from the City Attornei Site was presented. ) R -7595 4. The following claims for damages were denied, and Claims the City Clerk's referral of the claims to the insuranc carrier was confirmed: Claim of Stephen Rhoads for damage to his automobile Rhoads at Eastbluff Drive and Vista Del Oro on November 24 when muddy pavement allegedly caused him to lose control of his car and slide into a curb. Claim of Mrs. D. E. Fagerstone for damages sus- Fager- tained on December 10, 1971 due to wet paint on the stone railings at Newport Pier which allegedly were not . marked. Claim of Judith Catherine Ward, a minor, for damage Ward sustained on December 4, 1971 when a City traffic sign in the 1600 block on Highland. Drive allegedly toppled over and struck her. Claim of Winston Verdult for personal injuries Verdult allegedly sustained at the time of his arrest on September 17, 1971. Claim of Grant Giangregorio for damage to his car on Gian- December 13, 1971, allegedly caused when a street gregorio light cover in front of 1800 W. Balboa Boulevard broke and fell on his car. Claim of Kathryn Wells for damage to her automobile Wells on November 25, 1971 at Newport Boulevard and Finley Streets, allegedly caused when she was involve in an accident with a City vehicle. Claim of Interinsurance Exchange of the Auto. Club of Fortune Southern California, Subrogee of James R. Fortune, Jr. , and James R. Fortune, Jr. for his $100 deduct- ible interest, for damages to his automobile, allegedly Volume 25 - Page 346 COUNCILMEN 3 ?�9�5 'yam 9C�N�y ROLL CALL CITY OF NEWPORT BEACH December 27. 1971 MINUTES imnFx caused when it was involved in an accident with a City vehicle on October 24, 1971. 5. The following request to fill a personnel vacancy was approved: (A report from the City Manager was pre- sented) One Boat Operator in the Marine Safety Department to fill a position now vacant. 6. The following staff reports were received and ordered filed: Memorandum from the City Clerk regarding require- Gen Mun ments and deadlines for the April 11, 1972 General Election Municipal Election. Report from the Parks, Beaches and Recreation Di- State rector to the City Manager regarding acquisition of R -O -W State right -of -way. 7. The public improvements were accepted which were Tr 7031 constructed in conjunction with Tract No. 7031 (Upper Harbor View Homes), located at Newport Hills Drive East and West, Port Trinity and Port Laurent; and . the City. Clerk was authorized: to release Faithful Performance Bond No. 7105512 and to release the Labor and Materials Bond No. 7105512 in six months provided that no claims have been filed. (A report from the Public Works Director was presented. ) 8. The following Budget Amendments were approved: BA -42, $434 transfer of Budget Appropriations for recycling program of citizens committee (Citizens to Recycle Usable Discards) from Unappropriated Con- tingency Reserve to Nondepartmental, Special Dept. Expense, General Fund. BA -43, $5, 000 transfer of Budget Appropriations for City's share, not to exceed $5, 000, of a joint engi- neering study with the Orange County Flood Control District of the Greenville Banning Channel Beach Outlet from Unappropriated Contingency Reserve to Engineering Study - Greenville Banning Channel Beach Outlet, General Fund. Volume 25 - Page 347 COUNCILMEN �� mo s o o �y c �,�v �yp ROLL CALL • Motion Motion Ayes Noes Absent Ayes Q oes bsent Motion Ayes Absent CITY OF NEWPORT BEACH December 27. 1971 MINUTES INDEX Sanitation Districts Tourna- ment of Roses ADDITIONAL BUSINESS: 1. A report from the Sanitation Districts Special Study Committee on Directors' Fees Schedule regarding four suggested Alternatives and recommending Alter- native No. 4, was considered. x Mayor Pro Tem Rogers made a motion to endorse Alternative No. 2, which would amend the fee schedule so that those Directors representing more than one District at a joint meeting would only receive com- pensation equal to that of a Director representing a single District. x Councilman. Parsons made a substitute motion to x endorse Proposition No. 4, which would consolidate x x x x x the present Sanitation Districts into one County Sani- x tation District with special zones which would be co- terminus with existing Districts' Boundaries and it would have separate budgets, could issue bonds, and incur bonded indebtedness for improvements and the maintenance thereof within the special zone, which motion failed to carry. x x x x x A vote was taken on Mayor Pro Tem Rogers' motion, x and Alternative No. 2 was endorsed. x 2. It was agreed that a resolution should be prepared for Council consideration on January 10, 1972 commendin the Newport Harbor High School Band for its partici- pation in the 1971 Tournament of Roses. x The meeting was adjourned at 9:05 P.M. x x xxxxx C;y Mayor ATTEST: e City Clerk Volume 25 - Page 348 INDEX Sanitation Districts Tourna- ment of Roses