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HomeMy WebLinkAbout09/10/1973 - Regular MeetingROLL CALI P> Al A A,' Al M A,. Al I 4 COUNCILMEN Spy F 2 o Na o ? c e 14kyakell1fiff-11-3141 0: REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: September 10, 1973 MINUTES INDEX ,esent x x x x x Roll Call. isent Ix x Pion x The reading of the Minutes of the Regular Meeting of les x x x x x August 27, 1973 was waived, said Minutes were approved >sent x as written and ordered filed. ation x The reading in full of all ordinances and resolutions under res x x x x x x consideration was waived, and the City Clerk was directed >sent x to read by titles only. HEARINGS: 1. Mayor McInnis opened the continued public hearing Kampb regarding the appeal of Harry N. Kamph from the Appeal decision of the Planning Commission granting Use UP 16( Permit No. 1665 to Ilaley /Connelly to construct four dwelling units and appurtenant structures at 1319 E. Balboa Boulevard, on the south side of East Balboa Boulevard between "E" and "F" Streets on the Balboa Peninsula, zoned R -3. A report was presented from the Community Develop- ment Department. Letters were presented from Daniel Connelly repre- senting Ilaley /Connelly, and from Harry Kamph, appellant. Letters protesting Use Permit No. 1665 were pre- sented from the following: Sophia and Robert Ricken- baugh, Norma Dill, Doris Allen and Harriet Morton, L. R. Kelly, Mr, and Mrs. Millard Moore, and Mr. and Mrs. Walther, Letters were received after the agenda was printed from Eleanor H. and O. B. Ellinger, Charles H. Hermann, Wm. A. Kirk and Didi Moore opposing the use permit. Don Adkinson, attorney representing the appellant, and Harry Kamph addressed the Council. Thomas Woodruff, attorney representing Ilsley /Con- nelly, and Dan Connelly addressed the Council. The following people addressed the Council opposing Use Permit 1665: Max Dillman, Elaine Linhoff, Shirley Moore, Douglas Lynn representing the Peninsula Point Association, and Tom Kamph. Volume 27 - Page 216 .5 COUNCILMEN �O 2i Ot^ Z \C"% \0P ROLL CALL T v vN I J J J 0 '> , .qP.nfRmhP7 lh_ 1971 MINUTES INDEX dressed the i.l minutes for rtes for his i, 1973. ng regarding Smith sion of the Appeal/ No. 1038 Var 1038 3 in the R -2 :r to provide aunty Develop- was printed .nc e . incil opposing i Hixon, Dick John Blaich, owner of the property, ad . Council in favor of Use Permit 1665. Motion x Harry Kamph was granted ten additions >.yes x x x x x x his presentation. kbsent x vlotion x Thomas Woodruff was granted ten mini ayes x x x x x x presentation. kbsent x vlotion x The hearing was closed. ayes x x x x x x kbsent x vlotion x The hearing was reopened. kye s x xx xx Voes x absent x vlotion x The hearing was continued to October kyes x xx xx Voes x absent x 2.. Mayor McInnis opened the public heari the appeal of Dana Smith from the deci Planning Commission denying Variance which would exceed the floor area rati District at 3607 Seashore Drive in ord additional parking spaces. A report was presented from the Comc ment Director. A letter was received after the agenda from H. S. Keeler protesting the varie Dana Smith addressed the Council. The following people addressed the Go, Variance No. 1038: Tom Houston, Ro Clucas and Elaine Linhoff. Motion x The hearing was closed. Syes x x x x x x kbsent x Motion x The hearing was reopened. ayes x xx xx noes x ant x Volume 27 - Page 217 MINUTES INDEX dressed the i.l minutes for rtes for his i, 1973. ng regarding Smith sion of the Appeal/ No. 1038 Var 1038 3 in the R -2 :r to provide aunty Develop- was printed .nc e . incil opposing i Hixon, Dick ROLL CALL Motion Absent on s Absent Motion Ayes Noes Absent Motion Aye s Noes Abstain Absent COUNCILMEN CITY OF NEWPORT BEACH x 10, 1973 The hearing was continued to October 9, 1973. MINUTES 3. Mayor McInnis opened the public hearing regarding the proposed revocation of Use Permit 1134, which permits the operation of a service station at 6400 West Coast Highway, to determine whether or not said use permit should be revoked due to the abandone4 nature of the site; Lots 3, 4, 5 and 6, Block 4, Sea- shore Colony Tract, located at 6400 West Coast High- way, on the northwest corner of Cedar Street and West Coast Highway, adjacent to Newport Shores. A report was presented from the Community Develop- ment Department. A letter was received after the agenda was printed from Exxon Company protesting revocation of their use permit. John Tatum representing the Exxon Company, and Leonard A. Faas, owner of the property, addressed the Council objecting to the proposed revocation. The hearing was closed. x Mayor McInnis made a motion to revoke Use Permit 1134, pursuant to Section 20. 43. 080 of the Newport Beach Municipal Code. x Councilman Store made a substitute motion to reopen x the hearing, which motion carried. The hearing was continued to September 24, 1973. 4. Mayor McInnis opened the public hearing regarding the appeal of McLain Development Co. appealing Condition No. 12 requiring a 10 -foot setback as one of the conditions imposed by the Planning Commission in approving Resubdivision 396, which creates two parcels for development on portion of Block 94, Irvine's Subdivision; portion of Lot "B" of Tract 3867; Volume 27 - Page 218 INDEX Service Station Revocation/ UP 1134 McLain Appeal/ Resub 396 COUNCILMEN A \ O O l P � NO ROLL CALL T N O Sentember 10. 1973 MINUTES INDEX 37 and a portion of abandoned Bayside Drive, located on the south side of Bayside Drive, westerly of Marine • Avenue and the Balboa Island Bridge, zoned R -3 and C -N -H. A report was presented from the Community Develop- ment Department. Bob McLain, developer, and Don Corbin, architect for McLain Development, addressed the Council. Charles Cummings of Upland addressed the Council and expressed concern over access to the boat slips. Larry Moore, General Planning Administrator for The Irvine Company, addressed the Council. Motion x The hearing was closed. Ayes x xxxxx Absent x Motion x Councilman Ryckoff made a motion to uphold the Ayes x x x findings of the Planning Commission, which motion Noes x x- x failed to carry. Absent x ion x The findings of the Planning Commission were over - s x X x x x ruled, and Condition No. 12 was eliminated from Noes x Resubdivision 396. Absent x 5. Mayor McInnis opened the public hearing regarding Dist Ordinance No. 1512, being, Map AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICTING MAP NO. 37, Planning Commission Amendment No. 380, regarding request of McLain Development Company of Los Angeles to amend a portion of above map from a C -N -H District to an R -3 District and to accept a Negative Declaration on the property located on the south side of Bayside Drive, we.sterly of Marine Avenue and the Balboa Island Bridge. A report was presented from the Community Develop- ment Department. Bob McLain, owner of the property, addressed the Motion Council. x Councilman Croul made a motion to close the hearing. Volume 27 - Page 219 37 COUNCILMEN S 3C 2 0 a \,rO ROLL CALL o v N N C September 10. 1973 MINUTES INDEX Motion x Councilman Ryckoff made a substitute motion to con - x x tinue the hearing to October 9, which motion failed os i s x x x x to carry. Absent x Ayes x x x x x x A vote was taken on Councilman Croul's motion, Absent x which motion carried, and the hearing was closed. Motion x Ordinance No. 1512 was adopted. Ayes x x x x Noes x x Absent x CONTINUED BUSINESS: 1. A report was presented from the Community Develop- EIR's ment Department concerning procedure for evaluating Environmental Impact Reports. Larry Moore, representing The Irvine Company, addressed the Council. The proposed amendments to Council Policy K -3, "Implementation of the California Environmental Motion x Quality Act, " were modified to include a "grandfather" Ayes x x x x x clause and to include applicant's obligation and Ss x liability in connection with fees, and amended Policy ent x K -3 was approved. 2. A report was presented from the Public Works University Director regarding University Drive North con- Dr North struction from Jamboree Road to Route 73 Freeway. Resolution No. 8087, authorizing the execution of a R -8087 right -of -way and right -of -entry agreement between the City of Newport Beach and The Irvine Company in Motion x connection with construction of University Drive North Ayes x xxxxx from Jamboree Road to Route 73 Freeway, was Absent x adopted. 3. A report was presented from the City Attorney re- Trans - garding Senate Bill 1275, which removes the responsi- portatior bility for the development of rapid transit from the District Southern California Rapid Transit District and creates a new transportation district which will be governed by a commission elected by the people. Motion x The City Attorney was directed to write appropriate Ayes x x x x x letters to Senator Walsh and Supervisor Clark Noes x expressing the City's position in opposition to SB 1275. �ent x Volume 27 - Page 220 ROLL CALL Pion s Absent Motion Ayes Absent • Motion Ayes Absent Motion es ent COUNCILMEN September 10, 1973 MINUTES 4. The appointment of a member to the Environmental Quality Control Citizens' Advisory Committee by Councilman Kymla to replace Marian Parks was con- tinued to September 24, 1973. CURRENT BUSINESS: INDEX Environ- mental Quality Control Citizens Adv Cmte 1. A report was presented from the Public Works 6th & 7th Director regarding alley paving in Block 9, East Strs Alley/ Newport (City block bounded by 6th Street, 7th Street, 1911 Act Balboa Boulevard and Ocean Front). Petitions bearing the signatures of 16 property owners abutting subject alley were presented requesting the City to pave said alley, using the procedure set forth in Sections 5875 through 5895 of the Streets and Highways Code of the State of California. The staff was directed to notify the owners of property in Block 9, East Newport, to construct a portland cement concrete alley, using the procedure found in Chapter 27 of the Improvement Act of 1911. 2. A report was presented from the Marine Safety Director regarding a special request from the Race Coordinator of the Annual Ancient Mariner Hobie Catamaran Regatta for permission to allow overnight storage on September 22 of approximately 25 -50 Hobie Cats on the beach between 15th and 16th Streets on West Bay. Mayor Pro Tern Rogers made a motion to waive Municipal Code Sections 17. 16. 021 and 11. 08. 030 and to grant the special request. Kevin Summerell, race coordinator of the Ancient Mariner Regatta, addressed the Council asking for approval of the request. A vote was taken on Mayor Pro Tem Rogers' motion, which motion carried. Hobie Cat Sailing Regatta 3. A letter was presented from the Parks, Beaches and Bicycle Recreation Commission requesting clarification of Trails its role in regard to the Bicycle Trails Committee. Cmte Allan Beek addressed the Council. It was directed that the Parks, Beaches and Recreatic Commission be informed that the Commission will be requested by Council to review appropriate matters from the Bicycle Trails Citizens Advisory Committee and that members of the Parks, Beaches and Recre- ation Department will serve as staff for the Bicycle Trails Committee. Volume 27 - Page 221 COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROLL CALL v N N < < ^ September Motio) Ayes Absen Motiol Ayes Absen Ift03 s Noes Absen Motiol Ayes Absen L 10. 1973 INDEX of ties L- .1 S d S t 4. A letter was presented from the League of California League Cities regarding the designation of a voting repre- Calif C sentative and an alternate for the annual League Conf Conference in San Francisco October 21 -24, 1973. i x The Mayor was designated as the voting representative x x x x x x to the 1973 Annual League Conference and Councilman t x Dostal was designated as the alternate voting repre- sentative, and the City Clerk was directed to notify the League of said designations. 5. A report was presented from the City Attorney re- Or Co garding the noise impact area of the Orange County Airport Airport. Resolution No. 8088, authorizing the execution of an R -8088 agreement between the City of Newport Beach and i x Mawhinney and Long for appraisal services on certain x x x x x x residential properties located within the noise impact t x area of the Orange County Airport, was adopted. 6. A report was presented from the Citizens' Environ- Envirox mental Quality Control Advisory Committee opposing menu Senate Bill 1051 which amends the Environmental Quality Quality Act. Control SB 105] 1 x The Mayor was directed to write a letter to the appro- x x x x x priate legislators stating the City's opposition to x SB 1051. t x CONSENT CALENDAR: i x The following items were approved by one motion x x x x x x affirming the actions on the Consent Calendar: I: x 1. The following resolutions were adopted: Resolution No. 8089 adopting certain standard speci- Pub Wk fications and special provisions in conjunction there- Standar with for use in the construction of all public works Specs projects within the jurisdiction of the City of Newport R -8089 Beach. (A report from the Public Works Director was presented. ) Resolution No. 8090 ascertaining the general pre- Pub Wk vailing rate of per diem wages to be paid in connection Contra( with public works projects. (A report from the Public Wage Works Director was presented.) Scales R -8090 Volume 27 - Page 222 of ties L- .1 S d S t COUNCILMEN Pn 'FL o 3 \%<o N �o3c� % o ROLL CALL T v N �1 pig September 10, 1973 MINUTES INDEX Resolution No. 8091 authorizing the execution of a Bayside Dr cooperative financing agreement between the City of Storm • Newport Beach and the Orange County Flood Control Drain District for the construction of the Bayside Drive R -8091 Storm Drain from Newport Bay to Fernleaf Avenue. (A report from the Public Works Director was pre- sented.) Resolution No. 8092 awarding a contract for street Storm and storm drain improvements for Lafayette Avenue, Drain Lido Park Drive, 31st Street, 30th Street. 29th Street Imprvmts/ and Villa Way, Combined Project, Contract 1413, to Lafayette, Donn O. Michaels. (A report from the Public Works Lido Prk D3 Director was presented.) Etc. R -8092 Resolution No. 8093 awarding a contract for the San Joaquin installation of sprinkler system and landscaping in Hills Prk San Joaquin Hills Park to Bob's Landscaping, Con- Sprinkler & tract 1555. (A report from the Parks, Beaches and Landscape, Recreation Director was presented.) R -8093 Resolution No. 8094 authorizing the execution of an Water amendment to an agreement between the City of New- Dist port Beach and the Irvine Ranch Water District Boundaries relative to Possible Future Adjustment of Service R -8094 Area Boundaries. (A report from the City Attorney • was presented. ) Resolution No. 8095 authorizing the Chief of Police Motorcycle to execute agreements with the California Highway Officer Patrol for training of Newport Beach motorcycle Training officers. (A report from the Police Chief was pre- R -8095 sented.) Resolution No. 8096 declaring September 24 -30, 1973 Traffic as Traffic Safety Week. Safety Wk R -8096 Resolution No. 8097 declaring, October 11, 1973 as OrCo Orange County Economic Development Day. Economic Dev Day R -8097 2. The following communications were referred as indicated: Referred to City Attorney for reply, appeal of Hal- Npt Shores stead M. Pembroke, Mamie M. and Clarence H. Hunt Spec Plan from the City Council decision affirming the Planning Commission decision regarding Newport Shores 40 Specific Plan. Volume 27 - Page 223 COUNCILMEN \�\�R � P N\CO p 22 OC ROLL (:AI I N N C CITY OF NEWPORT BEACH Sentemher 10. 1973 MINUTES INDEX Ron Rock High Concert Jwport Iunc it event esolutioll to to resi- o the ds: of OrCo Lntention Airport r and is >ciation Or Co 'their Airport rport. )rove- I SCRC .me :al plan a stline ng ovement SCRC Loner s es per Chief ,nimal pli- he Mosquito he Abatement ssolutionl Dist Referred to staff for reply, letter from Mrs. Wilcox protesting rock concert held at Harbor • School. Referred to staff for reply, letter from West 1 Beach Improvement Association urging that Cc develop an effective City evacuation plan in tha of future crises. Referred to Pending Legislation Committee, x of the City of Garden Grove requesting the Sta provide a meaningful program of tax relief to dents of Garden Grove and the State. 3. The following communications were referred 1 City Clerk for filing and inclusion in the recox Resolution of the Board of Supervisors meetin August 14, 1973 stating that the Board has no of extending the Orange County Airport runwa,, solely concerned with the issue of safety. Copy of letter from Mariners Community Assi protesting continued noise and fuel pollution o; area from jet aircraft using Orange County Ai • Copy of a letter from West Newport Beach Im] ment Association to South Coast Regional Corr missioners urging that Commission devote pr: energies to establishing an acceptable, practi, for public beach access for the entire State co and objecting to diversion of time to local zon, matters. Copy of letter from West Newport Beach Impr Association to South Coast Regional Commiss . opposing the requirement of two tandem garag unit in R -2 developments in West Newport. Copy of letter from Gerard Wooters to Police Glavas complimenting the Department on its 7 Control Officers. Letter from R. L. Tooke of Provo, Utah com menting Council on the City of Newport Beach Resolution of the City of Anaheim supporting 1 reduction in size of the Board of Trustees of 1 Mosquito Abatement District and urging the di of said District. Volume 27 - Page 224 MINUTES INDEX Ron Rock High Concert Jwport Iunc it event esolutioll to to resi- o the ds: of OrCo Lntention Airport r and is >ciation Or Co 'their Airport rport. )rove- I SCRC .me :al plan a stline ng ovement SCRC Loner s es per Chief ,nimal pli- he Mosquito he Abatement ssolutionl Dist COUNCILMEN P� �� 0% P o A aA �o F ? G a P ROLL CALL v r� ^ LJ • • Ran4am her 10 1071 MINUTES INDEX Claims Cartter gram Poole Copy of letter from Winton Ashton to Orange County Health Department thanking that department for con- ducting a survey on Balboa Bay beaches. Copy of letter from City of Fullerton to Senator Whet - more and Assemblymen Briggs and Cory expressing that city's opposition to AB 485, AB 1243 and SB 32, and its support of SB 522. Notice regarding increases in passenger fares and express rates by certain bus lines. Order instituting investigation before the Public Utilities Commission in connection with railroad grade crossings. Copy of letter from League of California Cities to City Attorney acknowledging receipt of the City's resolution with reference to coastline financial problems. Agenda of Board of Supervisors meetings of August 28, 29, September 4 and 5, 1973. 4. The following claims were denied, and the City Clerk's referral to the insurance carrier was con- firmed: Claim of Gary Gilbert Cartter for personal injuries, false arrest and imprisonment, allegedly arising from an incident which occurred on May 18, 1973. Claim for damages of Carol Ingram, filed by attorneys h Cunard & Augustine, for injuries sustained at Grant Howald Park on July 28, 1973, allegedly caused when claimant was struck by a baseball. Claim of John H. Poole in behalf of his son Mark E. Poole, a minor, for injuries to Mark on August 5 when he was struck by an automobile at the inter- section of Bayside Drive and Marine Avenue, allegedly due to a faulty traffic signal. 5. The following requests to fill personnel vacancies were approved: (A report from the City Manager was presented) One Water Meter Man in the Public Works Depart- ment to fill a position now vacant. One Police Clerk I in the Police Department to fill a position now vacant. Volume 27 - Page 225 INDEX Claims Cartter gram Poole COUNCILMEN ot � � F ?pG NA P ROLL CALL s y 9a a l 9t m CITY OF NEWPORT BEACH i n 1 07� MINUTES INDFX lent ale 1bon Pile e- ^ee ng rs y 9 ies 317 One Police Officer in the Police Department to fill a • position now vacant. One Police Emergency Equipment Dispatcher in the Police Department to fill a position now vacant. 6. The following staff reports were received and ordered filed: A letter from Bud Porter, the City's legislative Legis- advocate in Sacramento, giving a status report on latio current legislation affecting the City. A report from the City Manager regarding parcel of Tax property located in the City of Newport Beach at Delinq 114 22nd Street, to be sold because of nonpayment of Prop IC taxes. 7. The work on Newport and Balboa Ocean Piers Pile Npt /B; Replacement, Contract 1496, was accepted, and the Ocean City Clerk was authorized to file a Notice of Com- Piers pletion and to release the bonds 35 days after Notice Replac of Completion has been filed. (A report from the ment Public Works Director was presented.) • 8. The work on Jamboree Road Widening, Southbound Lanes Between Ford Road and San Joaquin Hills Road, Jambo Road Contract, 1524, was accepted, and the City Clerk was Wideni authorized to file a Notice of Completion and to re- lease the bonds 35 days after Notice of Completion has been filed. (A report from the Public Works Director was presented.) 9. The work on Mariners Library Parking Facilities, Marino Contract 1529, was accepted, and the City Clerk was Librar authorized to file a Notice of Completion and to re- Parkin lease the bonds 35 days after Notice of Completion Facilit has been filed. (A report from the Public Works Director was presented.) 10. The public improvements constructed in conjunction Resub with Resubdivision No. 317 (Big Canyon East Apart- ments), located on the northerly side of San Joaquin Hills Road between Big Canyon Drive and Old Mac- Arthur Boulevard, was accepted; and the City Clerk was authorized to release the Faithful Performance Bond and to release the Labor and Materials Bond in six months, provided no claims have been filed. (A report from the Public Works Director was pre- sented.) • Volume Z7 - Page 226 lent ale 1bon Pile e- ^ee ng rs y 9 ies 317 COUNCILMEN 0 v k N Z N 9 O O s v� N� O ROLL CALL o m CITY OF NEWPORT BEACH September 10, 1973 MINUTES INDEX al R, at aci -, am iff s sing am- rt ency es 11. The work on Improvement of Hospital Road, Contract Hospit 1408, was accepted, and the City Clerk was authorized Impry • to file a 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. 12. The work on the 1972 -73 Street Resurfacing Program Street Westcliff Area, Contract 1528, was accepted, and Resurf the City Clerk was authorized to file a Notice of Progr Completion and to release the bonds 35 days after Westcl Notice of Completion has been filed. (A report from Area the Public Works Director was presented.) 13.. The reclassification of the Police Administrative Data Analyst to Programmer Analyst and transfer of the Proce position from the Police Department to the Finance Progr Department, were approved. (A report from the City mer Manager was presented.) Analys 14. The following Budget Amendments were approved: BA -10, $7, 500 transfer of Budget Appropriations for appraisal of ten representative properties for the purpose of measuring damage occurring within the noise impact area created by Orange County Airport operations from Unappropriated Contingency Reserve • to Nondepartmental, Services - Professional, Techni- cal, etc., General Fund. BA -11, $38, 000 transfer of Budget Appropriations for completion of the Lafayette Avenue Street and Storm Drain Improvements, Contract 1413, from Annual Street and Alley Program to Construct Lafayette Avenue, Gas Tax Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: Motion x 1. A letter from B. R. Kircher protesting spraying of Upper Ayes x x x x x x insecticides in The Bluffs area was referred to the Newpo Absent x City Manager. Bay Z. A proposed ordinance, being, Emer g Servic AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 2.20 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO EMERGENCY SERVICES, was presented. • A report was presented from the City Manager. Volume 27 - Page 227 al R, at aci -, am iff s sing am- rt ency es COUNCILMEN P� "%` p0 O O \�PO X03 n'ROLL CALL s v N N < September 10, 1973 MINUTES Motion x The proposed ordinance was continued to Septem- s x x x x x X ber 24, 1973. ent x 3. A proposed ordinance, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 5.46. 010 AND 5.46. 030 OF THE NEWPORT BEACH MUNICIPA CODE PERTAINING TO MOTION PICTURE AND TV PRODUCTIONS ON PUBLIC PROPERTY, was presented. A report was presented from the City Attorney. Motion x The proposed ordinance was continued to Septem- Ayes x x x x x x ber 24, 1973. Absent x ADDITIONAL BUSINESS: Motion x 1. Resolution No. 8098, expressing support for the Ayes x x x x x x concept of the restoration of Upper Newport Bay, was Absent x adopted. lion x The meeting was adjourned at 11:45 P.M. Ayes x xxxxx Absent x Mayor ATTEST: City C erk Volume 27 - Page 228 INDEX Motion Pictur e & TV Fees Upper Npt Bay R -8098