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HomeMy WebLinkAbout02/28/1972 - Regular MeetingROLL CALi Press • Motio: Ayes Motio: Ayes • Motia Aye s • COUNCILMEN CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: February 28, 1972 oll Call. MINUTES 'he reading of the Minutes of the Regular Meeting of 'ebruary 14 and of the Adjourned Meeting of February 22, 972 was waived, said Minutes were approved as written nd ordered filed. 'he reading in full of all ordinances and resolutions under onsideration was waived, and the City Clerk was directed read by titles only. [EARIN GS : Mayor Hirth opened the public hearing to consider the adoption of the General Policy Report of the Newport Beach General Plan. A discussion was had regarding the City Attorney's Opinion regarding procedures for the adoption of, and possible future amendments to, the General Plan. Discussion was had regarding the incorporation of the General Policy Report as an element of the General Plan. Mayor Hirth asked if anyone desired to be heard. Jean Morris requested that sidewalks and bicycle trails on the ocean front be extended to the Santa Ana River. The following people spoke against additional sidewalks and bicycle trails on the ocean front: Judy Wilson, representing the Balboa Peninsula Association Chris Edwards, V. A. Lockabey, and Mrs- Emory Moore. Roland Pulaski, member of the City Parks, Beaches and Recreation Commission, spoke regarding the amendments recommended by the Parks, Beaches and Recreation Commission. Ray Williams, repre- senting the Friends of Newport Bay, urged that devel- opment be held down. Donna Gallant, President of the Cliffhaven Community Association,. asked that "in conflict with" be changed back to "detract from" in Subsection f -3 of the Community Design Supporting Policies. Mrs. Emory Moore requested that "small boat system' be defined. The hearing was closed. Volume 26 - Page 47 INDEX General Plan - COUNCILMEN C) ROLL CALL u u 3� f� �o s 0 0 y 3 c CITY OF NEWPORT BEACH February 28, 1972 MINUTES INDEX • A discussion was had regarding procedures. Motion x The hearing was reopened. Ayes xxxxxxx Subsection f -3 of the Community Design Supporting Motion x Policies was amended to change the wording from "be Ayes xxxxxxx in conflict with" to "detract from. " The proposed General Policy Report, with approved Motion x amendments, was referred to the Planning Com- Ayes xxxxxxx mission for general review of the changes and additions, and to come back to Council on March 13 for the continued hearing. 2. Mayor Hirth opened the public hearing in connection Dist with Ordinance No. 1428, being, Map 9 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 9, Planning Commission Amendment 315, amending Lots 3, 12, 13 and the easterly 10 feet of Lot 11, Block 20, First Addition to Newport Beach, located at 2001 and • 2003 Court Avenue and 2004 West Ocean Front between Court Avenue and West Ocean Front, west of 20th Street, from a C -1 District to an R -4 District. Motion x The hearing was closed. Ayes xxxxxxx Motion x Ordinance No. 1428 was adopted. Ayes xxxxxxx ORDINANCES FOR INTRODUCTION: 1. Proposed Amended Ordinance No. 1411, being, Service Stations AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTIONS 20. 02.032 AND 20.02.225, AND ADDING CHAPTER 20_43 TO TITLE 20 OF THE NEWPORT BEACH MUNICI- PAL CODE ENTITLED "AUTOMOBILE SERVICE STATIONS," Planning Commission Amendment No- 299, adding standards for the development of automobile service stations, outlining use permit procedures and pro- viding for the improvement of existing stations which would become nonconforming. Volume 26 - Page 48 COUNCILMEN �?�POSOO� y 'A PO �ih �? s�v � < T �$ ROLL CALL CITY OF NEWPORT BEACH February 28, 1972 MINUTES INDEX • A letter from Patricia A. Lockhart opposing the adoption of the proposed service station ordinance, was presented. Motion x Councilman Parsons made a motion to introduce Ordinance No. 1411, with amendments as suggested by the Council at the afternoon Study Session, and set for public hearing on March 13, 1972. George Perlin, representing the service station owners in the area, spoke from the audience. Councilman Dostal requested that the paragraph on Amendmt Discontinued Use, Section 20.43.080., be prefaced with "notwithstanding anything to the contrary in this chapter, " which amendment was accepted by Council- man Parsons. Frank Walker, representing Western Oil and Gas Association, requested that action on the proposed ordinance be delayed. Councilman Dostal requested that the paragraph on Amendmt Automobile Rental, Section 20.43.050(2), be changed • to read "Automobile rental, provided that the auto- mobiles are not parked in or on public streets at stations constructed on new sites subsequent to the adoption of this ordinance, " which amendment was accepted by Councilman Parsons. Motion x Councilman Kymla made a substitute motion to accept the above amendments and to include an additional amendment to decrease the requirement of 15 %u of the site to be landscaped to 10 %. George Perlin spoke from the audience and stated that the oil companies felt that 15% landscaping was too much. Ayes x x x A vote was taken on Councilman Kymla's motion, Noes x x x x which motion failed to carry. Motion x Councilman Dostal made a substitute motion to intro - Ayes x x duce the ordinance with his two previously suggested Noes x x x x x amendments and to include an additional amendment retaining the original wording recommended by the Planning Commission regarding Screening for Outdoor Storage for Existing Stations, and Nonconforming Walls, with the exception that wherever the words • "extreme hardship" are used, extreme should be deleted, which motion failed to carry. Volume 26 -- Page 49 COUNCILMEN 'f� Pp 2 Cp o '5 �y%i cP�O�p s�9 FPSC9`� ROLL CALL ' � CITY OF NEWPORT BEACH February 28. 1972 MINUTES INDEX Wes xxxxxxx A vote was taken on Councilman Parsons' original motion, with the two accepted amendments; and amended Ordinance No. 1411 was introduced and set for public hearing on March 13, 1972. 2. Proposed Ordinance No. 1429, being, Sleeping in Vehicles/ AN ORDINANCE OF THE CITY OF NEWPORT Beaches BEACH AMENDING SECTION 11. 08.040 OF THE NEWPORT BEACH MUNICIPAL CODE RELATIN TO SLEEPING IN VEHICLES OR ON BEACHES, substituting the word "vehicle" for the word "auto- mobile" to include other vehicles such as campers and trailers. A report was presented from the City Attorney. Motion x Ordinance No. 1429 was introduced and passed to Ayes xxxxxxx second reading on March 13, 1972. CONTINUED BUSINESS: 1. A letter was presented from the Parks, Beaches and Park & Recreation Commission enclosing its resolution View encouraging the establishment of a reserve fund for Sites the acquisition of view sites and park areas in the City and recommending that revenues be collected through either a utilities users tax or a bond election. Parks, Beaches and Recreation Director Cal Stewart spoke briefly on the proposed Interim Park Plan. Paul Ryckoff spoke from the audience and suggested a continuing fund. Dee Cook spoke regarding specific amounts and sites. Motion x The staff was directed to prepare the necessary docu- Ayes xxxxxxx ments, figures, and procedures that would be require to place a bond issue on the June Primary Election ballot for the acquisition of view sites, park sites and or development, and the staff was authorized to nego- tiate with the proper finance consultants. 2. A letter was presented from the Parks, Beaches and Bay Recreation Commission regarding a new bridge over Bridge . Upper Bay on the Pacific Coast Highway. Volume 26 - Page 50 COUNCILMEN -7 ` ROLL CALL y � N � '^ CITY OF NEWPORT BEACH February 28. 1972 MINUTES INDEX Parks, Beaches and Recreation Director Cal Stewart gave a very brief staff report. Motion x Subject letter was referred to staff with the direction Ayes x x x x x x x to keep the proposed objectives in mind during the design of any future bridges in the City. 3. A letter was presented from the Planning Commission Cannery requesting Council to reconsider a proposed emer- Village gency ordinance requiring off - street parking facilities in the M -1 zoned area of the Cannery Village. The City Clerk stated that a petition had been received after the agenda was printed bearing the signatures of 17 property owners in the area bounded by 26th Street to 31st Street east of Newport Boulevard to the Bay, requesting that businesses in the M -1 zone be require to meet standards for C -1 and C -2 properties. Blackie Gadarian, owner of Blackie's Boat Yard, and Dan Gauger, manager of Schock Boats, protested against the adoption of an emergency ordinance. Bob Kausen, President of the Cannery Village Association, spoke in support of an emergency ordinance. • Councilman McInnis read in full the following propose .� emergency ordinance: Ordinance No. 1430, being, 0 -1430 AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT BEACH ESTABLISHING A USE PER - MIT REQUIREMENT FOR CERTAIN USES WITH- IN THE M -1 DISTRICT, for a period of 90 days. Motion x Emergency Ordinance No. 1430 was adopted. Ayes xxxxxxx CURRENT BUSINESS: 1. A letter from Robert W. Peinado offering to dedicate W. Ocean 15 feet of Lot 1, Block B, Seashore Colony Tract, in Front return for the vacation of 15 feet of Ocean Front, Vacation located at 6200 Ocean Front, was presented with a report from the Public Works Director. The following resolutions were adopted, subject to • the condition that the property owner dedicate to the Volume 26 - Page 51 COUNCILMEN ;tys0oq A °c °NA7 ROLL CALL CITY OF NEWPORT BEACH February 28, 1972 MINUTES INDEX • City an alley over the northerly 15 feet of Lot 1, Block B, Seashore Colony Tract: Motion x Resolution No. 7625 adopting a map showing a R -7625 Ayes x x x x x x x portion of a certain street known as Ocean Front which is proposed to be vacated, closed up and abandoned. Motion x Resolution No. 7626 declaring intention to order R -7626 Ayes x x x x x x x the vacation, closing up and abandonment of a portion of a certain street known as Ocean Front; and setting a public hearing for April 24, 1972. 2. A report was presented from the City Manager regard Recreation ing fee increase for annual recreation parking permits Parking from $10 to $20 annually and fee increase for trans- Permits ferable recreation parking permits from $15 to $30 annually. Resolution No. 7627, amending Resolution No. 6838 R -7627 which established a parking permit system for the use of parking spaces in City parking lots and in Motion x certain off - street parking meter zones, to provide Ayes x x x x x x x for an increase in the fees, was adopted. • 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: Copy of a letter to Chief Glavas from the Japanese Consul General, Los Angeles, thanking him and his department for their cooperation and assistance extended to Prime Minister Sato at the time of his summit meeting with President Nixon. A letter from the City of Fullerton enclosing copies of Under - its resolutions regarding undergrounding of utilities. grounding Utilities A letter from Daniel F. Gordon, D. D. S., President - Elect, Southern California Dental Association, en- Fluorida- dorsing the possibility of fluoridation of Newport tion Beach's water supply. • A letter from Mrs. Louise Woolsey opposing the fluoridation of the in Newport Beach. Fluorida- water supply tion Volume 26 - Page 52 COUNCILMEN �'F�9oS �Zy� G+t��IA BOG N 9N ��. ROLL CALL • x • CITY OF NEWPORT BEACH February 28, 1972 MINUTES A letter from the City of Huntington Beach enclosing its resolution requesting Legislative Representatives to introduce a bill to authorize a long term lease for surplus state land to Fairview State Hospital. Notice from Local Agency Formation Commission regarding hearing on February 23 in connection with proposed annexation to Costa Mesa Sanitary District designated Engineer's No. 139 Annexation, located easterly of Fairview Road and southerly of Baker Street. A letter from Supervisor Ronald W. Caspers acknowl• edging receipt of letter from Newport Beach with resolution concerning service of criminal and /or bench warrants. Letters from Howard K. Wilson and from Mr. and Mrs. J. Faerigan favoring the installation of dinghy storage racks. Letter from California Roadside Council enclosing a copy of their new handbook Signs in California. A letter from the California Highway Commission acknowledging Council's resolution requesting estab- lishment of highest possible priority,for the Corona del Mar freeway. Excerpt from Minutes of Board of Supervisors meeting of February 15, 1972 indicating that Newport Beach's resolution opposing service of arrest and bench warrants by Orange County Marshal's office had been received and ordered filed. Report from Newport Cablevision to City Manager Robert Wynn regarding Newport Cablevi.siou system overhaul. Cards opposing use of helicopters for patrol from Dr. P. J. Bryant, Dr. S. V. Bryant, Hans R. Bode, Harold S. Voegelin, Robin Person and Greg Persons. Z. The following communications were referred as in- dicated: Referred to staff for reply, letter from the Foreman of the Grand Jury enclosing a questionnaire in con- nection with visual pollution. Volume 26 - Page 53 Fairview Warrants Boat Launching Storage CdM Fwy Warrants CATV Police Heli- copters Visual Pollution COUNCILMEN ROLL CALL CITY OF NEWPORT BEACH February 28, 1972 MINUTES INDEX dice irking xific dephone Ltes )ise )llution :)rning Lnyon iff Dr ew, irk ;n Mun ection •7628 Llboa vd idening •7629 Referred to staff for reply, letter from the Editor -in- P( Chief of the Newport High School Beacon newspaper enclosing a copy of The Beacon containing an editorial on the Newport Beach Police Department Ride Along Program and urging continuation of the program. Referred to staff for reply, letter from William J. P< Schworer and Associates regarding possible parking ordinances affecting the area at 29th and Lafayette Streets. Referred to Pending Legislation Committee for pos- P: sible recommendation of a similar resolution, letter T( from Costa Mesa Chamber of Commerce enclosing its R: resolution urging Pacific Telephone and Telegraph Company to reconsider its proposed method of charge for business telephone service. Referred to City Attorney, clipping from Los Angeles Ni Times of February 22, 1972 regarding a suit against P4 the Air Force re jet noise. Referred to Parks, Beaches and Recreation Com- M mission, letter from Claire B. Jones urging that steps C< be taken by the City to preserve the canyon area be- tween Cameo Highlands and Corona Highlands as it now exists. Referred to Parks, Beaches and Recreation Com- Cl mission, letters from Mr. and Mrs. H. E. Moland Vi and William C. Clover urging preservation of the P: view site on Cliff Drive. 3. The following resolutions were adopted: Resolution No. 7628 appointing election officers and Go establishing their compensation, designating polling El places, and providing for the opening and closing of R the polls for the General Municipal Election.to be held on April 11, 1972. Resolution No. 7629 accepting a grant deed from B; Walter G. and Genevieve D. Beck conveying certain BI property, and authorizing the Mayor and City Clerk W to execute an agreement regarding moving the existing R structure thereon, in connection with Balboa Boule- vard widening; located at 4410 Channel Place. (A report from the Public Works Director was presented.) • Volume 26 - Page 54 INDEX dice irking xific dephone Ltes )ise )llution :)rning Lnyon iff Dr ew, irk ;n Mun ection •7628 Llboa vd idening •7629 ROLL CAL • • COUNCILMEN CITY OF NEWPORT BEACH February 28, 1972 MINUTES Resolution No. 7630 authorizing execution of a grant deed conveying property located on Balboa Boulevard between 32nd and 33rd Streets; in connection with the sale of surplus City -owned property, in the amount of $18,700, as set forth in Resolution No. 7597. (A report from the Public Works Director was pre- sented.) Resolution No. 7631 authorizing execution of an agree ment with The Irvine Company, subdivider, for the construction of improvements in Resubdivision No. 311. (A report from the Public Works Director was presented.) Resolution No. 7632 authorizing the submission of a Discretionary Grant Application for the development of an airborne low light level viewing system to the Law Enforcement Assistance Administration. (A report from the City Manager was presented. ) 4. The following claims for damages were denied, and the City Clerk's referral of the claims to the insure carrier was confirmed: Claim of James A. Henderson II for damage to his bicycle at Newport Boulevard and 22nd Street on February 2, 1972 allegedly due to City negligence. Claim of Robert and Susan Upson for damage to their property during the rain December 22 -26, 1971. Claim of Lillian L. Carver for damage to her property at 505 Larkspur Avenue in mid - September, 1971, allegedly caused by the City's contractor on the public works project consisting of Water Main Replacement, Corona del Mar, 1970 -71, Contract No. 1293. 5. The following requests to fill personnel vacancies were approved: (A report from the City Manager was presented) One Building Maintenance Man I in the General Ser- vices Department to fill a position now vacant. One Refuse Crewman in the General Services Depart- ment to fill a position now vacant. One Systems and Data Processing Analyst in the Finance Department to fill a position to be vacant. Volume 26 - Page 55 INDEX 32nd St Widening R -7630 Resub 311 R -7631 Police Heli- copters R -7632 Claims Hender-c - Upson Carver COUNCILMEN 3t�aosooq �2 y C �� AO oin yA ROLL CALL 0 CITY OF NEWPORT BEACH February 28. 1972 MINUTES INDEX Beach Sanitatir -- Facilitia_ Marine 3anctua � PB &R 3uitar Program seneral Plan Aratson kmendmt Pr 7083 Miff )rive 6. The following staff reports were received and ordered filed: Memorandum from the City Manager pertaining to beach sanitation facilities. Memorandum from the Harbor and Tidelands Adminis- trator to the City Manager regarding federal oil sanctuary legislation. Memorandum from the Parks, Beaches and Recreation Director to the City Manager regarding a new guitar instructional recreation program. Memorandum from the City Attorney regarding pro- cedures for the adoption of, and possible future amendments, to the General Plan. Memorandum from the City Attorney regarding the Watson Amendment. 7. The public improvements were accepted which were constructed in conjunction with Tract No. 7083, located at Vista Del Oro and Vista Madera in the • Northbluff Planned Residential Development, and the City Clerk was authorized to release the Faithful Per- formance 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 presented.) Albert Trondle spoke from the audience regarding the increase in annual parking permit fees. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter dated February 12 from the Newport Heights Improvement Association regarding a building being constructed on Cliff Drive and letter dated February 22 from the Newport Heights Improvement Associ- ation enclosing a letter regarding new construction at 2209 Cliff Drive signed by 5 residents of neighbor- ing properties and a statement from Innis McIntyre regarding history of property at 2209 Cliff Drive, was discussed. Marion Nash and Ginger Paige, residents of Cliff Drive, spoke from the audience alleging building violations mentioned in subject letter. • Volume 26 - Page 56 INDEX Beach Sanitatir -- Facilitia_ Marine 3anctua � PB &R 3uitar Program seneral Plan Aratson kmendmt Pr 7083 Miff )rive COUNCILMEN �t�� °s o oo s T PN ROL_l. (.Al I N CITY OF NEWPORT BEACH Wotion x kyes xxxxxxx 2. Motion x 1 Ayes xxxxxxx 3. Motion x Aye xxxxxxx 4. 1 Motion x 1 Ayes xxxxxxx • I 5. 1 ADD] Motion x 1. I Ayes xxxxxxx I 2. ] 0 Motion x ; Ayes xxxxxxx1 February 28, 1972 MINUTES iubject letters were ordered filed, and the staff was Hrected to proceed with a CC &R search in connection with height limits on subject property. INDEX k letter from the Community Relations Chairman of College :he College Legal Clinic outlining the Clinic's Legal activities and asking for an opportunity to speak Clinic )efore the Council, was referred to the staff for :urther report. k copy of a letter from the City of Costa Mesa to the Pacific Public Utilities Commission in connection with its Telephone resolution regarding Pacific Telephone Company's Rates - barges for business telephone service, was referred :o staff for report back on the proposed charges. k letter from the Newport -Mesa Unified School Dis- Buffalo rict regarding a proposed Grant of Easement for Hills )ark purposes from the City of Newport Beach, Park .,equesting that the City's interest be quit - claimed and unclosing a copy of a letter from the County Counsel o the School District, was ordered filed after the -lity Attorney reported that the matter had been taken :are of. Letters from the cities of Brea and Fullerton enclosin4 Electric !esolutions urging County Supervisors to permit Plants :onstruction of electrical generating facilities in the nterest of public safety and welfare were discussed. ?aul Ryckoff spoke from the audience opposing the !esolutions of Brea and Fullerton. t was agreed that the matter would come back at the text Study Session, after the Energy Conference, for urther consideration. :TIONAL BUSINESS: ;ouncilman McInnis was authorized to attend a Airport nesting in the San Francisco Bay area on Airport Land ,and Use Commission. Use Comsn tesolution No. 7633, requesting the California Pac Coast )ivision of Highways to release certain excess right - Fwy if -way in the City of Newport Beach to allow for pro- Propertie luctive use of the property, located along the proposed R -7633 3acific Coast Freeway route, especially those parcels n the westerly section of Newport Beach, was Aopted; to be presented by Mayor Hirth to the Little ioover Commission on March 2 -3, 1972 at the Uni- ,ersity of California, Irvine. Volume 26 - Page 57 COUNCILMEN �� 90 Z c+p o r '2N � 9 CF�1 O< NC Z ROLL CALL _Motion Wyes Motion Ayes • CITY OF NEWPORT BEACH February 28, 1972 MINUTES INDEX Budget Policy x i 3. The recommendations of the Budget Policy Committee x x x x x x x for the Fiscal Year 1972 -73 were approved. x The meeting was adjourned at 11:03 P.M. x x x x x x x Mayor ATTEST- City Clei c i Volume 26 - Page 58 INDEX Budget Policy