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Home My WebLink About04/09/1973 - Regular MeetingCOUNCILMEN CITY OF NEWPORT BEACH MINUTES REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: April 9, 1 973 ROLL CALL i0 ` INDEX Pisent xxxxxxx Roll Call. The reading of the Minutes of the Regular Meeting of Motion x March 26, 1973 was waived, said Minutes were approved Ayes x x x x x x x 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 x x x x x x x to read by titles only. HEARINGS- 1. Mayor McInnis opened the public hearing regarding Masters/ the appeal of Charles W. and Doris B. Masters from Stewart .the decision of the Planning Commission granting Appeal Resubdivision Application No. 379 of Mr. and Mrs. Hugh W. Stewart to create two parcels of land where one parcel now exists, located at the southwesterly corner of Fernleaf Avenue and Ocean Boulevard, Corona del Mar, zoned R -1. The appeal application of Charles and Doris Masters was presented with a report from the Community Development Department. • Letters opposing subject resubdivision were presented from Leroy and Ruth Fay, W. E. Van Os and B. H. Renard, residents of China Cove. The following people addressed the Council in op- position to the resubdivision: Doris B. Masters, John Baker representing Mrs. Orme, and Mrs. Sadar o. Hugh Stewart, applicant, addressed the Council. Motion x The hearing was closed. Ayes xxxxxxx Motion x The decision of the Planning Commission was over - Ayes x x x xx ruled, and Resubdivision Application No. 379 was Noes x x denied. Z. Mayor McInnis opened the public hearing regarding CdM Car the application of Victor E. Shellenberger for Use Wash Permit 1660 to permit an automatic car wash and gasoline pumps on property located at 3601 East Coast Highway, on the southeasterly corner of Orchid Avenue and East Coast Highway in Corona del Mar, zoned C -1 A report was presented from the Community Develop- ment Department. Volume 27 - Page 75 COUNCILMEN PO f� p0 n p0 N �p 2i �m?O N.1 O ROLL CALL T 9 N N C r� Pm lv A c 1% A iv A CITY OF NEWPORT BEACH Anril 9. 1 973 MINUTES INDEX A letter was presented from Charles Masters in favor of Use Permit 1660. A letter was received after the agenda was printed from the Corona del Mar Chamber of Commerce opposing Use Permit 1660. Victor Shellenberger addressed the Council and re- quested a two- weeks' continuance; or if the Council wished to proceed, then he requested an additional [otion x ten minutes for his presentation, which additional yes xxxxxxx time was granted. Mr. Shellenberger showed slides of other "Bubble Machine" installations and briefly explained their method of operation. The following people addressed the Council in op- position to the proposed Use Permit: John Boyd, Tully Seymour representing Raymond Summers, Roy Hummell, Paul Hummell, Richard Hilliard, Letha Bailey, Warren Fletcher, Estelle Allerdale, Pat Morley and Chris Hopper. George Williamson addressed the Council in favor of . the proposed Use Permit. Lotion x Councilman Store made a motion to continue con - yes x x x sideration of Use Permit 1660 until April 23, which oes x x x x motion failed to carry. Lotion x The hearing was closed. .yes xxxxxxx lotion x Use Permit No. 1660 was denied. .yes xxxxxxx 3. Mayor McInnis opened the public hearing regarding General "Residential Growth Element of the Newport Beach Plan General Plan and Environmental Impact Report EIR /NB 73- 030. " A report was presented from the Community Develop- ment Department regarding Residential Growth Element and Environmental Impact Report. A letter was presented from Mr. and Mrs. Allen Stover urging R -1.5 zoning in old Corona del Mar. A letter was presented from Dr. Edward O'Neill . opposing R -1.5 zoning on the Balboa Peninsula. Volume 27 - Page 76 COUNCILMEN P��< O \C"% \CO i 3 C ROLL CALL o vow Mo Ay No Mo Ay Mo Ay No Mo Ay CITY OF NEWPORT BEACH April 9, 1973 MINUTES INDEX Letters were received after the agenda was printed from Mrs. Robb Roy opposing R -1. 5 zoning on the Balboa Peninsula; from Thomas O'Keefe, attorney for the Balboa Bay Club, stating that if the proposed Residential Growth Element and the Land Use Element are adopted, they would be in conflict with the lease agreement between the City and the Balboa Bay Club; and the City Attorney's opinion regarding Mr. O'Keefe's statement. The following persons addressed the Council con- cerning open spaces, floor area limitations, Peninsula traffic, tourist congestion, village atmo- sphere and other aspects pertaining to the zoning policies of the Residential Growth Element of the General Plan; Mrs. Howard Babb, Allan Beek, George Perlin, Goldie Joseph, Paul Hummell, James Parker representing the Newport Harbor Chamber of Commerce, Tom O'Keefe representing the Balboa Bay Club, Bob Reese, William Davis, Roy Woolsey, Bill Banning and Robert Martin representing Holstein Industries. Valerie Murley spoke in support of the Residential Element as presented. on x Mrs. Babb was granted an additional three minutes x x x x x x x for her presentation. Larry Moore, General Planning Administrator for The Irvine Company, addressed the Council regarding the total number of dwelling units in the various areas and requesting amendments. tion x Mr. Moore was granted ten minutes for his presen- es x x x x x x tation. es x tion x Mr. Moore was granted an additional three minutes. es xxxxxxx tion x The hearing was continued to April 23 to consider es x x x x x x with the public hearing on the Land Use Element of es x the General Plan. 4. Mayor McInnis opened the public hearing, in actor- Vacation dance with Resolution No. 7944,on proposed vacation, PU Easemt closing up and abandonment of a portion of a public utility easement reservation westerly of the Bayside Shopping Center over the portion of abandoned and vacated Bayside Drive. A report was presented from the Public Works Director. tion x The hearing was closed. es xxxxxxx Volume 27 - Page 77 ROLL CALL Won Aye s • Motion Ayes Noes Motion EN CITY OF NEWPORT BEACH K 9, 1973 MINUTES Resolution No, 7958, ordering the vacation and abandonment of a portion of a public utility easement reserved over vacated Bayside Drive, was adopted. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1495, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 2. 12. 110 OF THE NEWPORT BEACH MUNICIPAL CODE PER- TAINING TO THE FUNCTIONS OF THE POLICE DEPARTMENT, in conformance with the Police Department's current role in the community, was presented for second reading. A report was presented from the Chief of Police. The following people participated in a discussion regarding the need for such an ordinance: Patricia Shapiro and Louise Forbes. Councilman Dostal made a motion to adopt Ordinance No. 1495, as amended. Councilman Croul made a substitute motion to table Ordinance No. 1495, which motion carried. CONTINUED BUSINESS: 1. A proposed ordinance, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 5.40 OF THE NEWPORT BEACH MUNICIPAL CODE TO REGULATE THE DISTRIBUTION OF NEWS- PAPERS, MAGAZINES, HANDBILLS AND OTH PAPERS ON PRIVATE RESIDENTIAL PROPER ON VEHICLES AND IN PUBLIC PLACES, was presented. A report was presented from the City Attorney. The ordinance was referred to the Pending Legis- lation Committee for review. Volume 27 - Page 78 INDEX R -7958 Police Dept Newspaper Handbills COUNCILMEN P� .%,c 0 0 a �p ?i O� Z O NA O ROLL CALL T v v%P N � �� O CITY OF NEWPORT BEACH April 9. 1 973 MINUTES I my • CURRENT BUSINESS: 1. A letter was presented from John Konwiser, Presi- Fun Zone dent of JAK Construction Company, submitting a revised plan for Use Permit 1591 (Edgewater Condo- miniums) and requesting the matter be taken off the table. A letter was received after the agenda was printed from Didi Moore opposing the revised plan for Use Permit 1591. Motion x Use Permit 1591 was taken off the table, and revised Ayes x x x x x x Use Permit 1591 was set for public hearing on April Noes x Z3, 1973. Z. A report was presented from the Public Works Traffic Director regarding the City Transportation Study. Study Motion x The Phase II Report of the Transportation Study was Ayes x x x x x x x received; the staff was directed to prepare a contract with Alan M. Voorhees & Assoc. , Inc. for Phase III of the Transportation Study and to notify Alan M. Voorhees to proceed immediately with the prepara- tion of the report. 3. The Sound Amplifying Equipment Permit Application Sound Amp of Louis Lauritzen was presented for The Church of Permit Jesus Christ of Latter Day Saints to use a portable public address system with turntable, amplification and two speakers on Friday, May 4, 1973 from 8:00 p.m. to 11:00 p.m. for a church social and square dance on the Chapel parking lot at 801 Dover Drive. Motion x The Sound Amplifying Equipment Permit was granted. Ayes xxxxxxx 4. A letter was presented from W. R. Mason, President Upper of The Irvine Company, enclosing The Irvine Company Newport statement regarding its decision. not to appeal the Bay Upper Newport Bay Land Exchange court case, and urging the Council of Newport Beach to join with The Irvine Company, the Board of Supervisors, and the State and Federal governments in a mutual effort to achieve public ownership of the Company's lands in Upper Newport Bay. Motion x The Mayor was directed to reply to Mr. Mason' x x x x x x x thanking The Irvine Company for its offer to cooperate in resolving the Upper Bay controversy and expressing the City's support. Volume Z7 - Page 79 COUNCILMEN FO3 m2 O N� O ROLL CALL T s w m Motion Ayes 41 on Ayes Motion Ayes Motion Aye s CITY OF April 9, 1973 I►IA`.7Z•iii I'EX410I MINUTES INDEX 5. A letter to Mayor McInnis from the Chancellor of the UCI University of California, Irvine was presented Teaching requesting Council support for locating a Teaching Hospital Hospital on the UCI Campus. Councilman Dostal made a motion to receive the letter and order it filed. x Councilman Kymla made a substitute motion to direct the staff to review and report back, and to invite the Chancellor to attend the next Council meeting. Carroll Beek addressed the Council in support of the campus facility. x x x x x x x A vote was taken on Councilman Kymla's motion, which motion carried. 6. A report was presented from the Marine Safety Outrigger Department regarding the request of the Imua and Canoe Newport Outrigger Clubs for a special permit to use Storage the beach street ends at 19th Street and Bay Avenue and at 10th Street and Bay Avenue for storage and workouts. x . The special permit for use of the street ends was x x x x x x x approved, subject to the conditions recommended by the staff. 7. A report was presented from the City Manager 38th St regarding City -owned real property on 38th Street Property between River and Lake Avenues. x The City Manager and the City Attorney were in- x x x x x x x structed to prepare specifications to offer the pro- perty for sale or lease. 8. A letter was presented from M. A. Richley, Jr. Via San requesting a foot and one -half encroachment of roof Remo eaves and second story balcony on house under con- Encroach - struction at 208 Via San Remo, Lido Isle. ment A report was presented from the Public Works Director. Mel Richley addressed the Council. x The cave and balcony encroachment was approved, x x x x x x subject to an easement and a hold - harmless agreemen x being submitted by the applicant and approved by the City Attorney. Volume 27 - Page 80 COUNCILMEN PO 4 0 P O wA �p ?i F 2 O NA O ROLL CALL T v vs w r� pi^ Moti Aye • • CITY OF April 9. 1973 NEWPORT BEACH MINUTES INDEX Ayes x x x x x x x the actions on the Consent Calendar: 1. The following ordinance was introduced and set for public hearing on April 23, 1973: Proposed Ordinance No. 1496, being, AN ORDINANCE Dist OF THE CITY OF NEWPORT BEACH AMENDING A Map 13 PORTION OF DISTRICTING MAP NO. 13, Planning 0 -1496 Commission Amendment No. 367, establishing sixteen foot side yard setbacks on the east side of Lots 9, 14 and 19 and on the west side of Lots 10 and 15 in Beacon Bay. (A report from the Community Develop- ment Department was presented. ) Z. The following resolutions were adopted: Resolution No. 7959 authorizing execution of a co- Traffic operative financing agreement between the City and Signals the California State Division of Highways for traffic R -7959 signal modification at West Coast Highway and Orange Street. (A report from the Public Works Director was presented.) Resolution No. 7960 declaring that weeds and other Weed public nuisances exist upon streets, alleys, sidewalks, Abatem, parkways, and private property within the City, R -7960 declaring that said weeds and public nuisances must be abated, setting the time and place for a public hearing at which the City Council will consider pro - tests from persons objecting to the proposed destruc- tion or removal of such public nuisances by the City, and directing the Fire Chief to give notice of the passage of this resolution and of the public hearing; setting the hearing for April 23, 1973. Resolution No. 7961 designating Polaris Drive from Polaris Santiago Drive to Galaxy Drive as a through street. R -7961 (A report from the Public Works Director was pre- sented.) 3. The following communications were referred as in- dicated: Referred to Transportation Plan Citizens Committee Upper E for inclusion in study, thirty -one letters opposing the Bridges proposed bridges over the Back Bay. Referred to Transportation Plan Citizens Committee Transp( and to the Pending Legislation Committee, a reso- tation lution of the City of Long Beach urging the enactment of Senate Bill 502, "The Federal -Aid Highway Act of 1973, " pertaining to urban public transportation. Volume 27 - Page 81 -nt Dr ay )r- CONSENT CALENDAR: on x x T The following items were approved by one motion affirming -nt Dr ay )r- COUNCILMEN r Pv a ROLL CALL 0 T o F CITY OF NEWPORT BEACH April 9. 1973 MINUTES INDEX :rry is !ry port s ue of S slation ation d r of Dort s :nue ing Referred to staff to notify Mr. Ashton that the Public BI F Utilities Commission has jurisdiction, letter from Winton Ashton suggesting limiting the hours of the Balboa Ferry and eliminating all through traffic on both Balboa Island and Balboa Peninsula. Referred to Pending Legislation Committee, reso- Cali] lution of the City of Anaheim supporting Orange Ange County's Major League Baseball Club, the California Ang el s. Referred to Pending Legislation Committee, reso- State lution of the City of Huntington Beach supporting Lott( legislation establishing a State lottery for the benefit of public education. Referred to Community Development Department, New] letter from Kathleen Frink opposing the proposed Dune Newport Dunes development. 4. The following communications were referred to the City Clerk for filing and inclusion in the records: A letter from Evelyn Hart stating that the improved • alleys and Westminster Street in Newport Heights have improved the area. greatly League of California Cities Digest of Legislation Lea@ Affecting Cities, 1972 Session. Citie Letter from the Huntington Beach Chamber of Com- merce Women's Division inviting Council to attend their Annual Beautification Luncheon on April 26. Letter from Bud Porter, City's Legislative Advocate, Legi regarding status of proposed major legislation pre- sently before the California Legislature. Letter from the County Sanitation District regarding OrC recommended changes in the present Directors' Fees Sani Schedule. Dist Resolution of the City of Santa Ana urging the U. S. Floc Congress to appropriate funds to complete the study Cont of the Santa Ana River Basin Flood Hazard and imple- ment measures to alleviate the threat of flooding. Excerpt from the Board of Supervisors Minutes of New March 27 regarding the proposed redevelopment plan Dune . of the Newport Dunes, Inc. Resolutions of the Board of Supervisors relating to Rev( expenditure of revenue sharing funds. Shar Volume 27 - Page 82 :rry is !ry port s ue of S slation ation d r of Dort s :nue ing COUNCILMEN pCi }{ p0 3'� 2 ONA O ROLL CALL o N N : r� m CITY OF NEWPORT BEACH April 9, 1973 MINUTES INDEX Resolution of the Board of Supervisors appropriating Cliff Dr federal revenue sharing monies for recreation in the View Park City of Newport Beach in the amount of $200, 000 for Cliff Drive View Park. Agenda of the Board of Supervisors for March 27, 28 and April 3 and 4, 1973. Plans and specifications from the Public Cable Tele- CATV vision Authority for a CATV Franchise to build a cable system within other member cities. 5. The following claims were denied, and the City Claims Clerk's referral of the claims to the insurance carrier was confirmed: Claim of Andre A. Leduc for damages to his car and Leduc personal injuries allegedly sustained when he was involved in an accident with a City vehicle. Claim of John L. Farrar for damages to his car Farrar allegedly sustained when it was struck by a City vehicle while parked. Claim of Margaret W. Douglass for injuries allegedly Douglass sustained when she tripped on a raised traffic berm in the alley between Bidwell's and Lido Theater. Summons and Complaint for Personal Injuries of Souder Norma Souder sustained when she slipped and fell in the vicinity of Irvine Street and Holly Street allegedly caused by the street and sidewalk in the area being inadequately maintained by the City. Summons and Complaint for Damages for Alleged Larrance & Violation of Civil Rights of Thomas O. Larrance and Alleger Cathy Lee Alleger. 6. The following request to fill personnel vacancies was approved: (A report from the City Manager was pre- sented) One Personnel Assistant I in the Personnel Depart- ment to fill a position to be vacant. Three Police Officers in the Police Department to fill positions to be vacant. One Police Emergency Equipment Dispatcher in the ' Police Department to fill a position now vacant. One Parking Control Officer in the Police Department to fill a position to be vacant. One Fireman in the Fire Department to fill a position now vacant. Volume 27 - Page 83 COUNCILMEN O� \07C\0 m R0LI CAI I r T N CITY OF NEWPORT BEACH Anril 9. 1 973 ff U111ftl I Depart- neral cant. ordered Board of m of L facili- the City regarding : eneral ntal om the ;sented. ) Seal roved, ae for 3. (A )resented.) '.or the ion, yeas, uthorized M., rks 'or the act No. eet, luin Hills id the As to be art from lel Mar the City to ,as pre - •owed: iations is con- INDEX Alcoholic Beverages on Beaches General Plan Seal Coat Program Misc Concrete Recon- struction TOPICS Traffic Signals CdM Beach Concession One Refuse Crewman in the General Service: ment to fill a position now vacant. One Sign and Paint Shop Technician in the Ge Services Department to fill a position now vs 7. The following staff report was received and filed: Report from the City Manager regarding the Supervisor's resolution to permit consumptii alcoholic beverages in County park and beacl ties, and stating that there are no beaches it of Newport Beach that would be affected. 8. A public hearing was set for April 23, 1973 the Land Use Element of the Newport Beach Plan and for the acceptance of an Environme Impact Report EIR /NB 73 -031. (A report fr Community Development Department was pr 9. The plans and specifications for the 1972 -73 Coat Program, Contract No. 1521, were apl and the City Clerk was authorized to adverti bids to be opened at 11:00 a. m. , May 1, 197 report from the Public Works Director was 10. The plans and specifications were approved. 1972 -73 Miscellaneous Concrete Reconstruc Harbor Highlands, Westcliff and Baycrest A Contract No. 1522, and the City Clerk was a to advertise for bids to be opened at 10:30 a. May 2, 1973. (A report from the Public Wo Director was presented.) 11. The plans and specifications were approved installation of TOPICS traffic signals, Conti 1476, at(a)Irvine Avenue - Highland -20th Str (b) Dover Drive -16th Street, and (c) San Jos. Road -Santa Cruz Drive -Big Canyon Drive; a City Clerk was authorized to advertise for b opened at 10:00 a.m., May 3, 1973. (A rep the Public Works Director was presented.) 12. The Auditor's report regarding the Corona < State -City Beach concession was referred tc Manager for implementation and report back Council. (A report from the City Manager v sented.) • 13. The following Budget Amendments were app: BA -64, $22, 000 increase in Budget Appropr and Revenue Estimates to provide for Count,. Volume 27 - Page 84 ff U111ftl I Depart- neral cant. ordered Board of m of L facili- the City regarding : eneral ntal om the ;sented. ) Seal roved, ae for 3. (A )resented.) '.or the ion, yeas, uthorized M., rks 'or the act No. eet, luin Hills id the As to be art from lel Mar the City to ,as pre - •owed: iations is con- INDEX Alcoholic Beverages on Beaches General Plan Seal Coat Program Misc Concrete Recon- struction TOPICS Traffic Signals CdM Beach Concession UNCILMEN ROLL • Motion Aye s tion s Motion Ayes Motion Ayes Motion Is x x x CITY OF NEWPORT BEACH ril 9, 1973 MINUTES tribution toward Phase III of the Transportation Study from Unappropriated Surplus to City Transportation Study, General Fund. BA -65, $19, 000 increase in Budget Appropriations for modification of traffic signal at Coast Highway and Orange Street from Unappropriated Surplus, State Gas Tax Fund to Traffic Signal -Coast Highway & Orange, State Gas Tax Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter from Assemblyman Julian Dixon enclosing a resolution of the City of Livermore urging the County Supervisors' Association of California and the League of California Cities to seek action to alleviate the problem of litter and waste disposal created by the sale of beverages in disposable, non - returnable con- tainers was referred to the Environmental Citizens .Advisory Committee for review and comment. Z. A letter from the Balboa Island Improvement Associ- ation regarding a membership poll showing opposition to a bicycle trail on Balboa Island was referred to the Planning Commission, the Parks, Beaches and Recreation Commission and the Bicycle Trails Citizens Committee. ADDITIONAL BUSINESS: 1. The Mayor was directed to write Assemblyman Bad ham requesting amendments to Assembly Bill 431, regarding excess freeway lands, to change the wording to read, "shall not exceed the original acquisition cost, " and an amendment to provide that any of the parcels could be purchased rather than all of the parcels. 2. The City Attorney and staff were directed to prepare a draft of an ordinance, similar to the San Diego ordi- nance, and /or a proposed Charter revision for pur- poses of controlling and limiting Municipal Election campaign expenses, and providing for a review com- mittee. The meeting was adjourned at 11:50 P.M. _P9a . Mayor A=S T: Volume 27 - Page 85 INDEX Pollution Bicycle Trails State Sur plu s Lands Campaign Expenses