The URL can be used to link to this page

Home My WebLink About02/09/1976 - Regular MeetingROL COUNCILMEN �'apG �wt%i % pp 2 O r All! i Om�12 9i i61 i 1�pth CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. nare: February 9. 1976 MINUTES INDEX Present x x x x Roll Call. Absent The reading of the Minutes of the Regular Meeting of Men Ayes x x x x x x January 26, 1976 was waived, and said Minutes were approved Absent as written and ordered filed. Motion x The reading in full of all ordinances and resolutions under Ayes K x x x x x consideration was waived, and the City Clerk was directed Absent to read by titles only. HEARINGS: 1. Mayor McInnis opened the public hearing regarding the Warmington appeal of J. P. Warmington from conditions imposed by Appeal the Planning Commission on Variance No. 1057, a request to permit the construction of first and second floor room additions on an existing single family dwelling with the following existing nonconforming features: 1) The existing dwelling encroaches to the rear property line (where the ordinance now requires a 5 foot rear yard setback when abutting a 10 foot wide alley); and 2) The existing garage has a depth of 18 feet 6 inches ± (where the Ordinance requires a depth of 20 feet, inside measurement). The proposed develop- ment increases the nonconforming features on the site as follows: 1) The proposed room additions will create a dwelling unit that exceeds 2,000 sq. ft, of living space (where the Ordinance requires 3 on -site parking spaces); and 2) The depth of the existing • carport on the subject property will be reduced from 21 feet 6 inches to 14 feet (where the Ordinance requires a minimum garage depth of 20 feet). A report was presented from the Community Development Department, Jim Warmington, the appellant, addressed the Council. Motion x The hearing was closed after it was determined that no Ayes K x x x x one else desired to be heard. Absent i Motion x Councilman Ryckoff made a motion to overrule the recommendations of the Planning Commission, to elimi- nate the planter in connection with the carport, and to impose new findings. Motion x At the request of a member of the audience who had Ayes K K x x x x arrived after the hearing was closed, the hearing was Absent reopened. Don Beatty and Harry Kamph addressed the Council and opposed the Variance. Motion x The hearing was reclosed. Ayes x x x xl x 0ent s x x x A vote was taken on Councilman Ryckoff °s motion and Noes x x the two conditions imposed on the Variance by the Absent Planning Commission were removed; and Variance No. 1057 was approved, subject to the following new findings and conditions: Volume 30 - Page 26 RI COUNCILMEN pp CITY OF NEWPORT BEACH MINUTES )LL CALL ppr^gi ip T �i ZN Februar INDEX FINDINGS: That there are exceptional or extraordinary circum- • stances applying to the land, building or use referred to in the application, which circumstances or con- ditions do not apply generally to land, buildings and /or uses in the same district, since the addition of a third on -site parking space and the elimination of existing encroachments would require major reno- vations to the existing structure. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant because other owners of property enjoy similar nonconforming encroachments. That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the pro - perty of the applicant and will not under the circum- stances of the particular case be materially detri- mental to the public welfare or injurious to property or improvements in the neighborhood. That the establishment, maintenance or operation of the use of the property or building will not, under the circumstances of the particular case, be detri- mental to the health, safety', peace, comfort and general welfare of persons residing or working in the • neighborhood of such proposed use or detrimental or injurious to property and improvements in the neigh- borhood or the general welfare of the City, and further, that the proposed room additions and non- conforming encroachments on.the single - family dwelling are not inconsistent with the legislative intent of Title 20 of the Municipal Code. CONDITIONS: That a minimum of two spaces shall be maintained at all times for the parking of motor vehicles. That the existing nonconforming garage and encroach- ments shall be allowed to remain, and that the planter proposed to encroach into the second parking space shall be removed. 2. Mayor McInnis opened the public hearing in connection Senior with Ordinance No. 1656, being, Citizen Housing AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20.08.080 OF THE NEWPORT BEACH MUNICIPAL CODE TO INCLUDE SENIOR CITIZEN HOUSING PROJECTS AS AN ALLOWABLE USE IN ANY DISTRICT, SUBJECT TO A USE PERMIT, Planning Commission Amendment No. 460. A report was presented from the Community Development Department. Motion x The hearing was closed after it was determined that no Ayes x x x x one desired to be heard. Absent I [ Volume 30 - Page 27 [at] COUNCILMEN CITY OF NEWPORT BEACH MINUTES _L CALL tl0'M m *`100 February 9, 1976 INDEX Motion x Ordinance No. 1656 was adopted. A x x x x Asst 3. Mayor McInnis opened the public hearing in connection Zoning with Ordinance No. 1657, being, Code AN ORDINANCE OF THE CITY OF NEWPORT BEACH ' AMENDING IN ITS ENTIRETY TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE, INCLUDING A REORDERING AND RENUMBERING OF EXISTING CHAPTERS OF SECTIONS WITH REVISIONS OF THE TEXT FOR PURPOSES OF CLARIFICA- TION AND MAKING NO SUBSTANTIVE CHANGES, AND ADOPTING THE RECODIFIED TITLE 20 BY REFERENCE, Planning Commission Amendment No. 454, recodifying the Zoning Code. A report was presented from the Community Development Department. Motion The hearing was closed after it was determined that no Ayes x x x x x one desired to be heard. Absent Motion Ordinance No. 1657 was adopted. Ayes x x x x x Absent • 4. Mayor McInnis opened the public hearing regarding North Ford Planning Commission Amendment No. 461, a request to amend the Planned Community Development Plan for "North Ford" to permit general changes in the Planned Community text, and the certification of an Environ- mental Document; property bounded by Bison Road, Jamboree Road, the proposed extension of Eastbluff Drive, and the proposed Corona del Mar freeway; zoned P -C. A report was presented from the Community Development ' I � Department. David Neish of The Irvine Company addressed the Council and stated he was present to answer any questions. Burr Allegaert, Vice President of the Eastbluff Homeowners Association, and Ken Clissett addressed the Council and expressed concern regarding the proposed building heights, the road systems and the type of manufacturing intended. The questions were answered by David Neish of The Irvine Company. Motion x The hearing was closed after it was determined that no Ayes x x x x x one else desired to be heard. # ent ion x The Environmental Document was certified; and Resolu- Ayes x x x x x tion No. 8692, adopting certain amendments to the Absent x Planned Community Development Plan for "North Ford" to permit general changes in the Planned Community text by adding additional uses to Area 4, was adopted. Volume 30 - Page 28 RO COUNCILMEN p aGp $ }op� CITY OF NEWPORT BEACH MINUTES LL CALL pw Y v� w * apw February 9, 1976 INDEX 5. Mayor McInnis opened the public hearing regarding Newport Planning Commission Amendment No. 462, a request to Place amend the Planned Community Development Plan for Newport Place to permit changes in the Land Use Map and Text, and the certification of an Environmental Document; located on property bounded by Birch Street, MacArthur Boulevard, Jamboree Road and Bristol Street; zoned P -C. A report was presented from the Community Development Department. Bill Langston, representing Emkay Development Company, addressed the Council. lotion x The hearing was closed after it was determined that no lyes x x x x x one desired to be heard. kbsent lotion x The Environmental Document was certified; and Resolu- kyes X x x x x tion No. 8693, adopting certain amendments to the Absent X Planned Community Development Plan for "Newport Place" to permit changes in the Land Use Map and Text to permit additional uses, was adopted. 6. Mayor McInnis opened the public hearing regarding General General Plan Amendment No. 31, a proposed amendment to Plan the Land Use and Residential Growth Elements to change the designation of the undeveloped portion of the Aeronutronic -Ford site to include "General Indus- . try," "Administrative, Professional and Financial," and "Residential," and to add wording to page 22 of the Land Use Element text as follows: "In view of the potential adverse traffic impacts which may result from development in the areas designated, the P -C District development application will be required to incorporate a development - phasing approach, and other use, intensity, design, and operational measures as required to assure that the traffic generated by the development will not cause an adverse impact. Any proposal for development shall include an environ- mental impact report which shall cover, in addition to other requirements, a marketing analysis, a cost - revenue analysis, an analysis of the relationship of jobs in the area to the living location of the employees, and the effect on air traffic." A report was presented from the Community Development Department. Kotion x Tom Morrissey, representing Aeronutronic -Ford, Ayes K x x x x x addressed the Council and was granted ten minutes for Absent I his presentation. Harry Kamph and Ken Clissett addressed the Council and objected to the proposed amendment. Won The hearing was closed after it was determined that no X x x x one else desired to be heard. A sent x Motion Resolution No. 8694, revising the Land Use and Resi- R -8694 Ayes I x x x dential Growth Elements of the Newport Beach General Noes x Plan for the Aeronutronic -Ford site, was adopted. Abstain x Absent Volume 30 - Paee 29 2 a w w COUNCILMEN CITY OF NEWPORT BEACH MINUTES )LL CALL p01,9t 0'$ A 0 INDEX February 9 1976 ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1658, being, Vehicle Prohi- AN ORDINANCE OF THE CITY OF NEWPORT BEACH bitions AMENDING SECTION 12.32.020 OF THE NEWPORT BEACH MUNICIPAL CODE DEALING WITH COMMERCIAL VEHICLE PROHIBITIONS AND DESIGNATING STREETS UPON WHICH COMMERCIAL VEHICLES ARE PROHIBITED; Acacia Avenue from Coast Highway to Pacific Drive, Begonia Avenue from Coast: Highway to Pacific Drive, Carnation Avenue from Coast Highway to Bayside Drive, Goldenrod Avenue from Coast Highway to First Avenue, Heliotrope Avenue from Coast Highway to Bayside Drive, First Avenue from Acacia Avenue to Iris Avenue, was presented for second reading. Motion Ordinance No. 1658 was adopted. Ayes K x x x x Absent x CONTINUED BUSINESS: 1, (District 2) Mayor McInnis' appointment of Barbara Com Dev Stabler as a member of the Community Development, Citizens Motion x Citizens Advisory Committee to fill the vacancy Adv Cmte Ayes x x x x created by the resignation of William Selwyn was Absent x confirmed. 2. (District 2) Mayor McInnis° appointment of a member to Bicycle MoZ'lon x the Bicycle Trails Citizens Advisory Committee to fill Trails Ayes I K K x x x the vacancy created by the resignation of Wiley McNair Citizens Absent x was continued to February 23, 1976. Adv Cmte 3. A report was presented from the City Manager dated Police January 26, 1976 regarding a License Agreement per- Helicopter mitting the Police helicopter to land on Irvine Company property adjacent to the Police property on i Santa Barbara and Jamboree Road. Resolution No. 8695, authorizing the execution of a R -8695 Motion x License Agreement with The Irvine Company in connec- Ayes k x x x x tion with helicopter operations of the Newport Beach Absent x Police, was adopted, 4. A report was presented from the City Manager's office PCH City regarding specifications for the Coast Highway Parking Parking Lot Lot sublease, Motion x The specifications were approved, as amended; and the Ayes x x x x City Clerk was authorized to advertise for bids for Absent subleasing the Coast Highway Parking Lot to be opened at 10:00 A.M., February 26, 1976. 5. A report was presented from the City Manager's office Newport- regarding a license to operate bait, tackle and lunch Balboa stand on the Balboa and Newport Piers. Pier (:nnraggi.___ T._ on x Resolution No. 8696, authorizing execution of a R -8696 Ayes x x x license agreement between the City and Noel M. Phoenix Absent x and Betty Lou Phoenix, was adopted. Volume 30 - Page 30 RI COUNCILMEN CITY OF NEWPORT BEACH MINUTES p'z )LL CALL m Z r a a N February 9, 1976 INDEX CURRENT BUSINESS: 1. A letter from Spyglass Hill Homeowners' Association to Encroach- Councilman Store was presented requesting an encroach- ment/ ment permit to install signs in the public right -of- Spyglass way. Hill Motion C The request of the Spyglass Hill Homeowners' Associa- Ayes C x x x tion to install signs at all eight locations requested Absent x was approved. 2. A report was presented from the Public Works Department Traffic regarding award of a contract for the traffic signal Signal at Balboa Boulevard and 23rd Street. Motion It was established that the contract would be awarded Ayes x x x x x on the basis of Alternate Bid "B "; the Mayor flipped a Absent coin to break the tie with William R. Hahn winning the toss to become the successful bidder; and Resolution No. 8697, awarding a contract to William R. Hahn for R -8697 Traffic Signal at Balboa Boulevard and 23rd Street, Contract No. 1779, was adopted. 3. A report was presented from the Public Works Diector NB Golf regarding Use Permit No. 1594 in connection with the Course/ Newport Beach Golf Course, located along Irvine Avenue Pac Coast southerly of Bristol Street. Mfg Resolution No. 8698, authorizing execution of a R -8698 subdivision agreement between the City of Newport on x Beach and Samuel K. Gregory, d /b /a Bullsaki Framers, X x x x a sole partnership, was adopted; and the staff was Absent x directed to prepare an agreement designed to establish the rights and obligations of the City and the Golf Course regarding the private pedestrian underpass in Irvine Avenue. 4. A report was presented from the Marine Department Temporary regarding the request of Duncan McIntosh for per- Mooring mission to allow the temporary moving of a barge immediately bayward of Lido Village Marina between March 15 and 29 during the Newport Harbor Boat Show. i Duncan McIntosh addressed the Council. Motion x Approval was granted for the temporary mooring, Ayes x x x x subject to conditions recommended by the Marine Absent x Department. 5. A report was presented from the City Attorney regard- City Clerk ing the appointment of an Acting City Clerk. Resolution No. 8699, appointing Doris George as the R -8699 Motion x Acting City Clerk to comply with Section 603 of the Ayes C K x x x x City Charter and fixing the salary at $1,300 per Absent Ix month, was adopted. 6. A copy of a letter from Caroline Clucas to Steve Envirommnr • Donaldson was presented resigning from the Environ- Quality mental Quality Control Citizens Advisory Committee. Control Citizens Mrs. Clucas' resignation was accepted with regret; and Adv Cmte Motion x (District 2) Mayor McInnis' appointment of a member to Ayes I x x x x fill the vacancy created by Mrs. Clucas' resignation Absent was continued to February 23, 1976. Volume 30 - PaQe 31 :JLI Mc Ay At Mc A3 At Mc A, Al M( COUNCILMEN MINUTES C,sAZo CALL pm tvr 'u p . a2N February 9, 1976 INDEX 7. A letter was presented from the Bicycle Trails Bicycle Citizens Advisory Committee advising that Ken Elgin Trails had resigned from the Committee. Citizens • Adv Cmte tion x Mr. Elgin's resignation was accepted with regret; and es K x x x x x (District 5) Councilman Ryckoff's appointment of a sent N member to fill the vacancy created by Mr. Elgin's resignation was continued to February 23, 1476. 8. A letter was presented from the Community Development Com Dev Citizens' Advisory Committee regarding a vacancy on Citizens the Committee created by the appointment of Per Adv Cmte Trebler to the Parks, Beaches and Recreation Commis- sion. tion K (District 7) Councilman Store's appointment of ,es K x x x x Richard Spooner as a member of the Community Develop - sent x ment Citizens' Advisory Committee was confirmed. 9. Mayor McInnis made a verbal report in behalf of the Library Library Architect Selection Committee concerning an Architect architect for the Newport Center Branch Library. Selection Cmte )tion x Mayor McInnis made a motion to direct the staff to prepare the contract document with the William Blurock & Partners architectural firm. The City Manager informed the Council that the staff was ready with an agreement and resolution. I Councilman Ryckoff suggested an amended motion to adopt the resolution and authorize the execution of the agreement, which was agreeable with the maker of the motion, and Resolution No. 8700, selecting R -8700 I William Blurock & Partners as the architect for the res K K x x x x Newport Center Branch Library, and authorizing )sent x execution of an agreement in connection therewith, was adopted. CONSENT CALENDAR: )tion x The following items were approved by one motion affirming Fes x x x x x the actions on the Consent Calendar: sent 1. The following resolutions were adopted: (a) Resolution No. 8701 ascertaining the general Pub Wks prevailing rate of per diem wages to be paid in Contract connection with Public Works projects. (Report Wage Scales from the Public Works Director) R -8701 (b) Resolution No. 8702 designating Villa Way a one- One -way way street for southbound traffic only, and Street repealing Resolution No. 7489. (Report from the R -8702 Public Works Department) (c) Removed from the Consent Calendar. • (d) Removed from the Consent Calendar. (e) Resolution No. 8703 establishing "No Parking" Street restrictions from 8:30 A.M. to 12:30 P.M. on Cleaning/ Corona del Mar Streets on certain days, in CdM connection with the Street Sweeping Program, and R -8703 repealing Resolution No. 8637. Volume 30 - Page 32 COUNCILMEN $tpn0�p ;OLL CALL I� i• J • S MINUTES o,� m Z f N^ A M February 9, 1976 2. The following communications were referred as in- dicated: (a) To staff, letter from the Marine Division of the Newport Harbor Chamber of Commerce regarding their working relationship with the City's Marine Department. (Exhibit) (b) Removed from the Consent Calendar. (c) To staff for study and report back, letter from Bluffs Homeowners Association regarding drainage problems in the Eastbluffs area. (Exhibit) (d) To staff for study and report back, letters to the Mayor from J. F. Hackman and from Mr. and Mrs. A. F. Grider regarding City trees which are blocking their view. (Exhibit) (e) To staff for reply, letter from Ursula R. Evans regarding her parking permit fee. (Exhibit) (f) To Pending Legislation Committee, resolution of the City of Garden Grove recommending that the Southern California Association of Governments refrain from competing for Federal and State grants. (Exhibit) (g) To staff for study and report back, letter to j the Mayor from Jim Turner, Dave Trumbull, Joe Lipscomb and Jack Cole regarding parking and litter problems peculiar to their area on Bayside and Harbor Island Drives. (Exhibit) 3. The following communications were referred to the City Clerk for filing and inclusion in the records: (a) Letter from Judy B. Rosener thanking Council for voting to ensure that the citizens of the City will have an opportunity to express themselves on any possible annexation of the downcoast area. (Exhibit) (b) Copy of a letter from the Orange County Assistant Director of Aviation to Mr. Jan Scherfig in response to Mr. Scherfig°s concerns regarding noise pollution from the Airport. (Exhibit) (c) Letter to the Mayor from the State Department of Youth Authority regarding grants available for the establishment or operation of Youth Service Bureaus. (Exhibit) i (d) Letter to the Mayor from Dorothy McKenna regard- ing dog litter on the beaches. (Exhibit) (e) Letter from Mrs. H. B. Claybourne regarding the animal problem in the City. (f) Copy of a letter to the City Attorney from Silver & Streller regarding personnel indoctrina- tion. (g) Letter to the Mayor from the California Regional j Water Quality Control Board -Santa Ana Region Volume 30 - Paee 33 INDEX Marine Dept Drainage/ Eastbluff Prkg Permits SCAG Prkg & Litter INDEX Marine Dept Drainage/ Eastbluff Prkg Permits SCAG Prkg & Litter ::J COUNCILMEN a c; 11 A MINUTES uL CALL Aa=R Vr io �RApa Februar .2,_IM6 INDEX regarding prohibition of waste discharges from • boats into Newport Bay, Sunset and Huntington Harbour. (Exhibit) (h) Copy of a proposed resolution of the State Water Resources Control Board designating a Section 208 planning area and agency for the South Coast Area. (Exhibit) (i) Letter from the Intergovernmental Coordinating Council listing resolutions received since January 15, 1976. (j) Notice of filing amended application of the Pacific Telephone and Telegraph Company before the Public Utilities Commission for intrastate telephone rates. (k) Bulletin from the Fair Political Practices Commission. (1) Agenda of the Board of Supervisors meetings held January 27, 28, February 3 and 4, 1976. (m) Letter from the manager of the Mariner Square Apartments commending the Fire Rescue /PAramedics for their response and effective treatment for one of their residents. (Exhibit) 4. The following claim was denied and the City Clerk's Claims referral to the insurance carrier was confirmed: (a) Claim of John P. McGowan for property damage to McGowan his house at 1410 E. Balboa Boulevard, Balboa, alleging City negligence resulting from installa- tion of a temporary water line which flooded into his house when no one was home on January 8, 1976. 5. The following staff report was received and ordered filed: (a) Report from the Deputy City Clerk regarding Park Land Initiative Petition for dedication of park and Initiative recreational lands. (Exhibit) 6. The following matter was set for public hearing on February 23, 1976; (a) Tentative Map of Tract No. 9132, a request of Tract 9132 Grant Warmington Builders, Irvine, California, to subdivide 0.8 acres for single- family residen- tial development, and the certification of an environmental document; located at 470 West - minster Avenue in Newport Heights; zoned R -1. (Report from the Community Development Department 7. The following matter was set for public hearing on March 22, 1976: (a) Underground Utilities District No. 4 (Pacific Underground Coast Highway from Jamboree Road to MacArthur Utility Boulevard) - to determine if the boundaries of District 4 Underground Utilities District No. 4 should be amended to include a 50 -foot wide strip of land Volume 30 - Page 34 Z q q Volume 30 - Page 34 J COUNCILMEN MINUTES �L CALL pia Z9� iA ANN February 9, 1976 INDEX along the northerly side of the Pacific Coast Highway between Jamboree Road and MacArthur Boulevard. (Report from the Public Works Director 8. The public improvements constructed in conjunction 717 & 719 with the redevelopment of 717 and 719 Jasmine Avenue Jasmine & and 718 and 720 Iris were accepted. (Report from the 718 & 720 Public Works Director) Iris 9. Mayor Pro Tem Dostal °s expense account for conducting a public hearing in Sacramento for the Land Use Com- mission, Legislative Project Committee, on February 2 and 3, 1976 was approved. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Resolution No. 8704, reaffirming various standing and Council ad hoc City Council Committees; establishing and/ or Cmtes deleting standing and ad hoc committees (establishing R -8704 an ad hoc Appointments Committee); and repealing Resolution No. 8679, was presented. lotion x Mayor McInnis made a motion to adopt Resolution No. 8704 amended to include the deletion of the following committees: City Hall Remodeling Committee, Library Architect Selection Committee, Lido Isle Lease Committee, Marinapark Lease Committee, and Newport Harbor American Legion Post 291 Lease Committee. Mayor Pro Tem Dostal asked that the motion be amended • to include.the deletion of the Orange County Growth Policy Committee, which amendment was accepted by the maker of the motion. I dyes K x x x x A vote was taken on Mayor McInnis amended motion, lbsent X which motion carried, and Resolution 8704 was adopted as amended. 2. A proposed resolution requesting the Orange County Paramedic +lotion x Division of the League of California Cities to kyes K x x x x x review the Orange County Paramedic Service Area kbsent x Concept was received and ordered filed. 3. A letter from the South Coast Repertory expressing So Coast !lotion x thanks for the Council's interest and asking per- Repertory Ayes x x x x x x mission to make a presentation at a future meeting Absent was referred to the staff for reply. ADDITIONAL BUSINESS: Motion I 1. Resolution No. 8705, urging Governor Brown to re- Colorado Ayes K x x x x x consider his plan for the elimination of the Colorado River Absent River Board, was adopted. R -8705 2. A request from the Orange County Transit District OCTD (OCTD) regarding an election to determine allowing diversion of motor fuel taxes for fixed guideway transit purposes (Article 26, State Constitution) was considered. Motion x The Mayor was directed to write a letter to the Ayes K x x x x x Orange County Transit District in opposition to Absent X allowing diversion of motor fuel taxes for fixed guideway transit purposes. Volume 30 - Page 35 COUNCILMEN 0 oh MINUTES _�- CALL ptu'8 9l iA s A �� INDEX 3. Charles Griffin addressed the Council and presented a copy of a report he had sent to Supervisor Thomas F. Riley regarding runway extention at Orange County Airport. Mayor McInnis adjourned the meeting at 9:30 P.M. mayori�02�i— ATTEST: Acting City Cler , i I I • I I I I Volume 30 - Page 36