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Home My WebLink About01/10/1972 - Regular MeetingCOUNCILMEN CITY, OF NEWPORT BEACH MINUTES REGULAR COUNCIL MEETING <yo Place: Council Chambers �y c �yo a7 y Time: 7:30 P.M. N`9 LPN 7 $�, Date: January 10, 1972 ROLL CALL INDEX Pre of Aye Mot Aye Mot Aye Mo. Aye Mo Aye Noe sent x xxxxxxx R Roll Call. Hi i 3 L/ dace COUNCILMEN CITY OF NEWPORT BEACH ROLL CALL m January 10, 1972 MINUTES gyring which was )uncil . regarding r Use Permit No. y Senior Citizens ad District, Parcel 133 Placentia Avenue Avenue between e. relopment Director the City Attorney he Senior Citizens had been received ,Mr. Manas se tinued to January 24 e January 10 Council ►ary 24, 1972. firing regarding the i the decision of the iendment No. 307, tricting Map No. 3 ► -P classification, rt Beach Tract, at the southwest tlboa Boulevard. ,relopment Director idience and presentee A 219 19th Street and t Street supporting state office on the Boulevard. • Richard Hogan gave mission was upheld, ras denied. INDEX Senior Citizens' Hotel Marshall Appeal 2. Mayor Hirth opened the public he; being held by Order of 'the City C4 application of Herbert Manasse fc 1567 to permit an 108 unit, 2 stox Residential Hotel in an Unclassifi 2, Resubdivision 234, located at on ther westerly side of Placentia Hospital Road and Superior Avenc A report from the Community De, was presented with a report from regarding tax- exempt status for t Residential Hotel. The City Clerk stated that a lette: after the agenda was printed frorr requesting that the hearing be cox as he would be unable to attend th meeting. Motion x The hearing was continued to Jam Ayes xxxxxxx 3. Mayor Hirth opened the public he; appeal of Frank C. Marshall fron Planning Commission denying Arr request to amend a portion of Dis from an R -2 classification to an l Lots 18 and 19, Block 32, Newpo located at 3201 Balboa Boulevard corner of 32nd Street and West B A report from the Community De was presented. Frank Marshall spoke from the a letters from Helen Rinderknecht from Andrew Zimbaldi of 121 31s the proposal to construct a real e corner of 32nd Street and Balboa Community Development DireCt03 a staff report. No one else desired to be heard. Motion X The hearing was closed. Ayes xxxxxxx Motion x The decision of the Planning Corr. Ayes xxxxxxx and Zoning Amendment No. 307 v Volume 26 - Page 2 MINUTES gyring which was )uncil . regarding r Use Permit No. y Senior Citizens ad District, Parcel 133 Placentia Avenue Avenue between e. relopment Director the City Attorney he Senior Citizens had been received ,Mr. Manas se tinued to January 24 e January 10 Council ►ary 24, 1972. firing regarding the i the decision of the iendment No. 307, tricting Map No. 3 ► -P classification, rt Beach Tract, at the southwest tlboa Boulevard. ,relopment Director idience and presentee A 219 19th Street and t Street supporting state office on the Boulevard. • Richard Hogan gave mission was upheld, ras denied. INDEX Senior Citizens' Hotel Marshall Appeal ROLL CAL Motio. Ayes 0 Motio Ayes Motio Ayes i0 COUNCILMEN CITY OF NEWPORT BEACH January 10, 1972 MINUTES 4. Mayor Hirth opened the public hearing in connection with Ordinance No. 1421, being, 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 -11 District to an R -2 District. City Attorney Dennis O'Neil stated that he had a tele- phone call from the Applicant requesting that the matter be continued to January 24 to allow time to arrange for the required bonds as surety for, the improvements. The hearing was continued to January 24, 1972. 5. Mayor Hirth opened the public hearing in connection with Ordinance No. 1422, being, , AN ORDINANCE OF THE CITY OF NEWPORT 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. No one desired to be heard. The hearing was close¢. Ordinance No. 1422 was. adapted. Volume 26 - Page 3 INDEX Dist Map 1 Dist Maps 32, 50 & 52 ROLL CALL 0 Motion Ayes 0 Motion Ayes Motion Ayes 1.0 COUNCILMEN . CITY OF NEWPORT BEACH x x x 10, 1972 ORDINANCES FOR ADOPTION: MINUTES INDEX 1. 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 HIGH - WAY 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 for second reading. Ordinance No. 1418 was adopted. Z. Ordinance No. 1419, being, I Water 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 presentedfor';second . reading. Ordinance No. 1419 was adopted. 3. Ordinance No. 1420, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 15.08. 225 TO THE NEWPORT BEACH MUNICIPAL CODE TO PER- MIT USE OF NEW WATER SAVING DEVICES, changing water closet flushing capacity requirements, was presented for second reading. Ordinance No. 1420 was adopted. Volume 26 - Page 4 Water COUNCILMEN . � t� y�o �owA y�9c^A s �� ROLL CALL \ N Moti Ayes Moti Ayes F] CITY OF NEWPORT BEACH January 10. 1972 MINUTES INDEX ness nses St wing 197 432 510, ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1423, being, Busi Lice AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 5.04. 200 OF THE NEWPORT BEACH MUNICIPAL CODE TO PRO - VIDE FOR ISSUANCE OF BUSINESS LICENSES ON AN ANNUAL BASIS, which will permit the issuance of a twelve -month license, was presented: Jack Barnett, Executive Director of the Newport Harbor Chamber of Commerce, spoke from the audi- ence in support of subject ordinance. 3n x Ordinance No. 1423 was introduced and passed to x x x x x x x second reading on January 24, 1972. CONTINUED BUSINESS: 1. A report was presented from the Public Works Di- 32nd rector regarding the sale of City -owned property on Wide Balboa Boulevard 80 feet northwesterly of its inter- section with 32nd Street, in connection with the 32nd Street and the Balboa Boulevard widening, recom- mending that the conditions of Resolution No. 7561 be revised to provide for a minimum bid of $15, 000. Resolution No. 7597, declaring certain real property R -7° to be surplus, authorizing its sale and setting out the procedure for its sale, and rescinding Resolution No. 3n x 7561, and providing for a new bid opening date of x x x x x x x February 17, 1972, was adopted. 2. Final Map of Tract No. 7432 (portion of Tentative Tr 7 Map of Tract 7432, known as Spyglass Hill), sub- dividing 19.933 acres into 58 lots for development as single - family dwellings, and one lettered lot to be landscaped, portion of Block 97 of Irvine's Subdivision located northerly of San Joaquin Hills Road and westerly of Spyglass Hill Road, was considered. A report was presented from the Community Develop- Tr 7 ment Director regarding street name changes in the 7511 Final Maps of Tracts. 7432, 7510 and 7511 and in 7386 the Tentative Map of Tract 7386. Volume 26 - Page 5 ness nses St wing 197 432 510, ROLL GALI 40 Motio Ayes Noes • Motic Ayes • COUNCILMEN CITY OF NEWPORT BEACH anuary 10, 1972 MINUTES ;ommunity Development Director Richard Hogan gave staff report regarding the findings of the Planning ;ommission. 'he Final Map of Tract 7432, as amended to reflect he street name changes recommended by the Planninf ;ommission, was adopted, subject to the conditions ecommended by the Planning Commission; Resolutioi do. 7598 authorizing execution of an agreement with pyglass Hill, a division of John D. Lusk & Son, sub - ivider, for the construction of improvements n Tract 7432, was adopted; and the Final Maps f Tracts. 7510 and 7511 and the Tentative Map of .Tact 7386 were amended to reflect the street name hanges recommended by the Planning Commission. 'entative Map of Tract 7693, subdividing 4.7 acres nto 18 lots for development as single - family dwelling nd requesting that lots be permitted with a minimum .verage width of 70 feet where the districting regu- ations require a minimum lot width of 90 feet, Block 78, Newport Heights, located at 1877 Irvine Avenue, ,n the westerly side of Irvine Avenue between Holiday Load and 22nd Street, was considered. L report was presented from the Community Develop - nent Director. lud Franklin, representing the owners of subject iroperty, spoke from the audience. Ralph Bass and )onn Conner spoke from the audience opposing the ul -de -sac development. Nancy and Lewis O'Connell, owners of the property, spoke on the matter. Che matter was continued to permit the developer o bring a new Tentative Tract Map back to the .",ouncil. E'SS was held for ten minutes. council reconvened with all members present. INDEX R -7598 Tr 7693 k report was presented from the Parks, Beaches and Cliff Dr tecreation Commission regarding immediate acqui- View Prk dtion of view lots on Cliff Drive between El Modena end Aliso. virs. John Paige, Robert Sangster, Madge Foster knd Mrs. Stomp spoke from the audience requesting Volume 26 - Page 6 COUNCILMEN �sa+so oq ROLL CALL V, Motion Ayes Motion •kyes Motion Ayes Motion Ayes • CITY OF NEWPORT BEACH January 10. 1972 MINUTES INDEX es r/ As that a view park be preserved for the future. Carl Arthofer, owner of a portion of the property in question, spoke regarding proposed plans for the pro- pe rty. x The staff was directed to immediately explore the xxxxxxx possibility of acquisition of the State -owned property and to work with the Planning staff and the Planning Commission to explore the possibility of imposing height restrictions that would be meaningful to the best interests of the general public and the property owners, and the staff was also authorized to obtain an appraisal report and to report back as soon as possibl on all three. CURRENT BUSINESS: 1. A report was presented from the City Attorney Beach regarding amendment to off -site parking agreement Ball for the Beach Ball Restaurant. Resolution No. 7599, authorizing execution of amend- R -7599 ment to off -site parking agreement in connection with x Beach Ball Restaurant (George L. Rager), was xxxxxxx adopted. It was also agreed that if it is determined in the pending law suit that the Beach Ball is required to have less parking than that which is required by the terms of the parking agreement, the agreement will then become void. x Z. The matter of selection of a site for the new Police Police x x x x x x x facilities was diaried to January 24, 1972. Faciliti 3. A report was presented from the Parks, Beaches and Npt Pie Recreation Commission regarding proposed use of CdM budgeted Capital Improvement Funds to permit con- Beach struction of low block walls at Newport Pier Parking Prkg L Lot and at Corona del Mar Beach Parking Lot. Wall The installation of a low block wall around the souther- ly and westerly sides of the Newport Pier ocean front parking lot with funds budgeted for athletic equipment x at Newport Pier was authorized, and the installation xxxxxxx of a low block wall at the Corona del Mar State and City Beach Park with funds budgeted for landscaping at Balboa Pier Parking Lot was authorized. Volume 26 - Page 7 es r/ As COUNCILMEN 'j.'i'f� ADZ CIA �O 9 a�c+A�,o�nA �'C9 FA�'a < <$ ROLL CALL CITY OF NEWPORT BEACH January 10; 1972 MINUTES INDEX CONSENT CALENDAR: Motion x•. The following items were approved by one motion affirming Ayes x x x x x x x the actions on the Consent Calendar: 1. The following Advisory Communications were ordered filed: Letter from the Newport Harbor Lawn Bowling Club Lawn expressing its appreciation for the kind treatment of Bowling the Council during its search for a new area, and inviting Council to be guests when the new greens are completed and bowl the first bowls. Letter from Martha S. Purviance regarding a problem with the neighborhood dogs in her area of Corona del Mar. Letters requesting preservation of the Upper Back Bay as a wildlife refuge from Elaine M. Quinn, Mr. and Mrs. Arthur J. Ross and Marilyn Maclntyre. Letter from Father Michael L. Cross, Vice Chairman of Farm Workers' Secret Ballot Election Committee regarding a Farm Workers' Initiative. Notice from State Controller regarding apportionment of Motor Vehicle License Fees for the period June 1, 1971 through November 30, 1971, and indicating New - port Beach's portion to be $24,428.50 based on a population figure of 51, 000. Agenda of Board of Supervisors Meetings held Decem- ber 28, 29, 1971 and January 4 and 5, 1972. Reports of the Contract Auditor for Orange County Grand Grand Jury for 1971. Jury Report of Orange County Grand Jury for year 1971. Grand Jury Letter from Walter G. Bielicki recommending legis- lation pertaining to dogs that bite. Letter from City of Costa Mesa enclosing copy of CdM resolution urging the California Highway Commission Freeway to re- establish priorities with respect to the Corona del Mar Freeway and urging its immediate con- stuction . Volume 26 - Page 8 ROLL CALL 0 16 COUNCILMEN CITY OF NEWPORT BEACH January 10, 1972 MINUTES INDEX n 2. The following communications were referred as indicated: Referred to staff for study and appropriate action, letter from Local Agency Formation Commission regarding proposed annexation to the City of Costa Mesa designated Red Hill Annexation No. 1, located northerly of Palisades and easterly of Red Hill. Referred to staff for study and reply, resolution of OrCo the Board of Supervisors regarding creation of an Housing Orange County Housing Authority and asking the City Authority to indicate its opinion as to whether it desires the County Housing Authority to consent to the operation of this authority within its city limits; and a letter from the Board of Supervisors to City Clerk Laura Lagios enclosing a suggested resolution for adoption by the Council if the City of Newport Beach desires to participate in the Orange County Housing Authority. 3. The following resolutions were adopted: Resolution No. 7600 awarding a contract to Concrete Jambore< Textures, in the amount of $8, 122.39, for Jamboree Rd Media Road Median Paving, Islands 4 and 5, northerly of Paving San Joaquin Hills Road, Contract No. 1406. (A report R -7600 from the Public Works Director was presented. ) Resolution No. 7601 awarding a contract to John L. Npt Ocea Meek Construction Co. , Inc. , in the amount of Pier Pile $8, 870, for Newport Ocean Pier Pile Replacement, Replace - Contract No. 1407. (A report from the Public Works ment Director was presented. R -7601 Resolution No. 7602 limiting the parking of vehicles Parking on Dahlia Avenue between Coast Highway and 5th R -7602 Avenue, establishing a one -hour parking limit, 8:00 A. M. to 6:00 P.M. (A report from the Public Works Department was presented. ) 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 Frank E. Hughes for property damage Hughes allegedly resulting from a City sewer back -up on Aleppo Street on December 18, 1971. Claim of Southern California Gas Company for damage SoCal to their service at 210 Pearl, Balboa Island, allegedly Gas Co during the installation of a sewer.. Volume 26 - Page 9 n ROLL CALL COUNCILMEN CITY OF NEWPORT BEACH $¢9 ZOO'e y OC 9A ON�9p� s`9 �91P i < < 4L N January 10, 1972 MINUTES INDEX 5. The following request to fill personnel vacancies was approved: (A report from the City Manager was pre- sented) One Maintenance Man I in the Public Works Depart- ment to fill a position now vacant. Five Firemen in the Fire Department to fill positions now vacant. 6. The following staff reports were received and ordered filed: Report from City Manager regarding delaying appro- PCTA priation of funds to the Public Cable Television Authority (PCTA) pending further research. Report from the City Manager regarding status of the Civic Civic Center architectural services agreement with Center Welton, Becket and Associates. Report from the City Manager regarding employee Scholastic/ scholastic and performance incentive plans. Perform Incentive Plans Report from the City Manager regarding Civic Center Civic financing election results. Center Opinion from the City Attorney regarding the abandon- Npt Inn ment of the Newport Inn Heliport. Heliport Report from the Parks, Beaches and Recreation Bicycle Director to the City Manager regarding a blacktop Trails walk for a bicycle trail in Eastbluff Park from Vista del Oro to the schoolground bicycle storage area. 7. The public improvements were accepted which were Tr 6623, constructed on portions of Ford Road and new Mac- 6624 & Arthur Boulevard in Tracts 6623, 6624 and 6565 6565 (Upper Harbor View Homes), located on Ford Road from Newport Hills Drive East to new MacArthur Boulevard and new MacArthur Boulevard from Ford Road to Eastgate Drive. (A report from the Public Works Director was presented. ) 8. The following Harbor Permit Application was approved, Harbor subject to the approval of the County of Orange and the Permit U. S. Corps of Engineers: Volume 26 - Page 10 COUNCILMEN CITY OF NEWPORT BEACH ROLL CALL • Motion Ayes Motion Ayes January 10. 1972 MINUTES INDEX Harbor Permit Application No. 129 -1701 of Orange Orange Coast College to revise the existing Harbor Permit Coast by the addition of two floats bayward of 1701 West College Coast Highway. (A report from the Harbor and Tide- lands Administrator was presented. ) 9• The City Clerk was directed to charge Candidates Gen Mun filing a Statement of Qualifications for the April, 1972 Election General Municipal Election the prorated cost of printing and handling the Statements, in the amount of $150, to be deposited at the time of filing and said deposit to be refunded if Statement is withdrawn; and the City Clerk was directed to charge an additional $175 to have the Statement translated and printed in Spanish if such a request is made by a Candidate. (A report from the City Clerk was presented. ) ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter from Gilbert F. Nelson in behalf of Mr. and St. James Mrs. Edward L. Harkness protesting the ringing of Church the church bells of St. James Episcopal Church every Bells hour throughout the day was presented with a letter from Jean Clark stating that the ringing of the St. James church bells have brought real joy to many. The City Clerk stated that a letter had been received after the printing of the agenda from Reverend Ashey of the St. James Episcopal Church regarding the bells of St. James. Reverend Ashey spoke from the audience. Mayor Pro Tern Rogers made a motion to file subject letters. Councilman McInnis made a substitute motion for x x x x x x the Council to go on record as recognizing the bells of St. James as an asset to the community, which motion carried. 2. An Opinion from the City Attorney regarding stock. Balboa transfer of the Balboa Bay Club was presented. Bay Club x The staff was directed to have an independent audit x x x x x x of the Balboa Bay Club done in conformance with Council policy. Volume 26 - Page 11 COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROLL CALL January 10, 1972 INDEX ®A M Al M A, Al *4 A, 3. A Notice of commencement of voluntary .proceedings Back Ba} :)tion x to wind up and dissolve Back Bay Park was referred Park ,es x x x x x x x to staff. 4. A letter of the City of Westminster enclosing a copy Warrants of its resolution opposing the service of arrest and . bench warrants by the Orange County Marshall's Office was presented. Aion x The staff was directed to prepare a similar resolution yes x x x x x x x for Council's consideration. 5. An Opinion from the City Attorney to the City Clerk Gen Mun regarding City Council eligibility and ordering the Election City Clerk to disregard City Charter Section 401 requiring athree -year residency was considered. Aion x The City Clerk was directed to uphold the Charter pro yes xxxxxx visions regarding residency requirements for Council >stain x Candidates, and she was directed not to issue Nomination Papers to any Candidate who has not been .a registered voter in the City for three years prior to the election as required by the Newport Beach.City Charter. 6. A report from the City Manager regarding imple- W. Npt Dtion x mentation of the West Newport street sweeping pro- Street yes xxxxxxx gram was ordered filed. Sweeping ADDITIONAL BUSINESS: 1. John Emanuleii, representing the Winchell Donuts, Winchell spoke from the audience requesting an eave encroach- Donuts ment over the public right -of -way at 500 E. Balboa Boulevard. Mr. Emanuleii was advised to present the request to the appropriate department for study and report back at the next Council meeting. The meeting was adjourned at 11:15 P.M. to an Executive Session regarding personnel matters. The Executive Session was adjourned at 12:00 mid- night. Mayor ATTEST: City Clem Volume 26 - Page 12