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Home My WebLink About11/13/1972 - Regular MeetingCOUNCILMEN CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Ch ambers Time: 7:30 P.M. o N p o ROLL CALL _ ' ' Date: November 13, 197 2 MINUTES imnry ITresent x x x x x x Roll Call. Absent x Mayor McInnis recognized the following Corona del Mar High School American Field Service students who were in the audience: Julie Donoghue from Australia, Ingeborg Hofer from West Germany, Grace Muhumuca from Uganda and Sretsei Sealout from Thailand. The reading of the Minutes of the Regular Meeting of Motion x October 24 and of the Special Meeting of November I, Ayes x x x x x x 1972 was waived, said Minutes were approved as written Absent x and ordered filed. Motion x The reading in full of all ordinances and resolutions under Ayes x x x x x x consideration was waived, and the City Clerk was directed Absent x to read by titles only. HEARINGS: With the unanimous consent of the Council, Hearing No. 6 was taken out of Agenda order and considered at this time: • Mayor McInnis opened the Public hearing regarding Jasmine the Environmental Impact Report filed by M. J. Brock Creek and Sons in connection with the Tentative Map of Tract 7967 (Jasmine Creek), subdividing 84.7 acres into 379 attached single - family dwellings and one landscape lot, located at the southwest corner of San Joaquin Hills Road and Marguerite Avenue, zoned P -C. A report was presented from the Community Develop- ment Department with a copy of Environmental Impact Report. A letter was presented from Mr. and Mrs. Kenneth Haigh requesting that adequate drainage be installed before Jasmine Creek is developed. Larry Moore, Associate Planner with The Irvine Company, addressed the Council and requested that the hearing be continued for two weeks. Motion x The hearing was continued to November 27, 1972, Ayes xxxxx x Absent x I The regular order of the Agenda was resumed. Volume 26 - Page 318 COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROLL CALL Tb pa a < Y� November 13, 1972 INDEX • 1. Mayor McInnis opened the public hearing regarding Lido Isle the appeal of Mrs. Lucia Wright from the decision of Tennis the Planning Commission granting Use Permit No. Courts 1632 to the Lido Isle Woman's Club to permit the illumination of a tennis court on Lido Isle on Lots 722, 723, 724 and 725 of Tract 907, located on the southwesterly corner of Via Jucar and Via Lido Nord on Lido Island. The appeal application of Lucia Wright was presented with a report from the Community Development Department. Letters opposing the tennis court lights from Margaret Howland and Sally Vincenti were presented. Letters were received after the agenda was printed from Mary Lane Diamond opposing the tennis court lights, and from the appellant and Margaret Howland and Mary Lane Diamond requesting that the hearing be continued to a later date. Margaret Howland, representing the Appellant, addressed the Council and requested that the hearing be continued to November 27. Motion x Mayor Pro Tem Rogers made a motion to continue the matter to November 27. Tom Malcolm, President of the Lido Isle Community Association, addressed the Council and opposed the continuance. Ayes x x x x A vote was taken on Mayor Pro Tem Rogers' motion, Noes x x which motion carried; and the hearing was continued Absent x to November 27, 1972, 2. Mayor McInnis opened the public hearing regarding BI Zoning consideration of an eight- month's extension to Ordi- nance No. 1459, an emergency ordinance establishing interim development standards for the R -2 District on Balboa Island. A report from the City Attorney regarding extension of Interim Ordinance No. 1459, R -2 District, Balboa Island was presented with a report from the City Manager regarding R -1. 5 classification on Balboa Island. Letters from Don Adkinson and C. B. Knickerbocker regarding restriction of lot coverage and parking on Balboa Island were presented. Volume 26 - Page 319 COUNCILMEN i\�J. p \�i N Na CITY OF NEWPORT BEACH MINUTES ob ,n Zo ROLL CAL a o November 13, 1972 INDEX • Letters were received after the agenda was printed from George Hamilton Jones approving an R -1. 5 District on Balboa Island and from H. Warren White opposing high density on Balboa Island. Kenneth Elgin, President of the Balboa Island Im- provement Association; Rob Hixson; Tom Houston and Greg Forrest spoke from the audience in favor of the emergency ordinance. Motion x The hearing was closed. Ayes xxxxx x Absent x Emergency Ordinance No. 1477, being, 0 -1477 AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT BEACH ESTABLISHING INTERIM DEVELOPMENT STANDARDS FOR THE R -2 DISTRICT ON BALBOA ISLAND IN CONFOR- MANCE WITH THE PROPOSED AMENDED R -1. 5 DISTRICT, tion x establishing interim R -1.5 zoning on Balboa Island, le9 xxxxx x was adopted. Absent x It was unanimously agreed that the plans in Plan Check at this time would be allowed to continue: 3. Mayor McInnis opened the public hearing in connection Weed with the Fall, 1972 Weed Abatement Program. Abatement A report was presented from the Fire Chief dated October 17, 1972 and the Assessment List for the Fall 1972 program. No one desired to be heard. Motion x The hearing was closed. Ayes xxxxx x Absent x Resolution No. 7866, confirming the report of the R -7866 Fire Chief concerning the cost of the abatement of . weeds and other nuisances, and requesting the Motion x Auditor - Controller of Orange County-to enter the ?••es x x x x x x amount of each assessment referred to in said report �ent x on the County tax roll, was adopted. Volume 26 - Page 320 COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROLL CALL T� pN N s� Pe November 13, 1972 INDEX • 4. Mayor McInnis opened the continued public hearing Versailles regarding Planning Commission Amendment No. 339, on the revising the Planned Community District Regulations Bluffs governing the development of Versailles -On- the - Bluffs to decrease the density to eighteen dwelling units per gross acre in Phase II. Motion x The matter was continued to November 27, 1972. Ayes xxxxx x Absent x 5. Mayor McInnis opened the combined public hearing Versailles regarding (a) Environmental Impact Report filed by on the Donald J. Scholz and Company in connection with the Bluffs Versailles -On- the - Bluffs Project; (b) Use Permit No. 1537 to construct Phase II of said development; and (c) Exception to the 32/50 foot Height Limitation Zone. Reports were presented from the City Manager and the Community Development Department with the Environmental Impact Report. Letters received after the agenda had been printed • were presented from Joan Barkdull opposing the Versailles agreement and from the Citizens Environ- mental Quality Control Advisory Committee resolving that the Planning Commission's recommended density should be upheld, and recommending that an ordinance be adopted to hold harmless Councilmen, Com- missioners and City staff members from any claims resulting from decisions on zoning matters. Thomas Childers of O'Melveny & Meyers, attorneys, addressed the Council regarding the legal position of the Council. Tom Peckenpaugh, attorney representing Donald J. Scholz & Company, addressed the Council regarding the settlement agreement and presented a letter in connection with the proposed paseo park on the bluff. Dr. John L. Price of John L. Price & Associates, who had prepared the Environmental Impact Report for the Scholz Company, spoke from the audience regarding the report and presented a supplement to the report. RECESS for ten minutes was declared by Mayor McInnis. The Council reconvened with all members present except Councilman Dostal. Volume 26 - Page 321 COUNCILMEN CITY OF NEWPORT BELCH MINUTES ROLL CALL ab vN ,r ro November 13, 1972 INDEX • The public hearing regarding Versailles on the Bluffs was resumed. The following people spoke from the audience in behalf of the developer: David Wintle, representing VTN Orange County, engineers for the Scholz Company; and Doug Unruh, Assistant Director- Western Oper- ations for the Donald J. Scholz Company. The following people spoke from the audience in opposition to the Versailles project: Frank Robinson, Attorney Roy Woolsey, Bob George, Dick Clucas, Dee Cook, Judy Tracy, George Arnold, Supervisor Ronald W. Caspers, William Eilers, Vince Mayell and Daryl Stearns. Motion x The hearing was closed. Ayes xxxxx x Absent x Councilman Croul made a motion to adopt a resolution accepting the Environmental Impact Report in con- nection with Phase II of the Versailles -on- the - Bluffs • development and determining that a use permit should be issued and that an exception to Height Limitation Zone should be granted. Councilman Ryckoff made a substitute motion to reject the Environmental Impact Report in the sense that negative impacts are of serious consequence and that the use permit and height ordinance be turned down because the four points in the ordinance were not met. Motion x Councilman Kymla made a substitute motion to table the item until the Environmental Impact Report can be resubmitted to the City in order that it can be adequate and the staff can have further information on the height ordinance and further exploration of the use permit. Mayor Pro Tern Rogers offered an amendment to Councilman Kymla's substitute motion to direct the City staff to enter into negotiation with Alan M. Voorhees, who is doing a traffic study for the City, as to the traffic impact of the development on the City, which amendment was accepted by Councilman Kymla. M ^•ion x Mayor Pro Tem Rogers offered an additional amend - Pe x x ment to void the settlement agreement and vacate the oes x x x judgment, which amendment failed to carry. Absent x Volume 26 - Page 3Z2, COUNCILMEN pn t< PO ; p O NA CITY OF NEWPORT BEACH MINUTES 2 ROLL CALL �� pN N �� v� November 13, 1972 INDEX Ayes x x x x x A vote was taken on Councilman Kymla's amended Noes x substitute motion, which motion carried. Absent x RECESS for five minutes was declared by Mayor McInnis. The Council reconvened with all members present except Councilman Ryckoff and Councilman Dostal. 6. The matter regarding Jasmine Creek was taken out Jasmine of the regular order of business and considered as Creek the first item under public hearings. 7. Mayor McInnis opened the public hearing regarding Pulaski the appeal of Rolly Pulaski & Associates from the Appeal decision of the Planning Commission denying Use BI Permit No. 1634 to permit two residential units above commercial use in the C -1 District, Lot 23, Block 13, Section 4, located at 327 Marine Avenue between an alley and Balboa Boulevard on Balboa Island. The appeal application of the Appellant was presented with a report from the Community Development Department. Councilman Ryckoff resumed his seat at the Council table. Motion x The hearing was continued to November 20, 1972 per Ayes x x x x x the request of the Appellant. Abstain Absent x 8. Mayor McInnis opened the public hearing regarding District Ordinance No. 1475, being, Map 1 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 1, Planning Commission Amendment. No. 335, rezoning property at 209 Fern Street between West Coast High- way and Canal Street in Newport Shores from a C -1 -H District to an R -2 District. Motion x The hearing was continued to November 20, 1972. Ayes xxxxx x Absent x Volume 26 - Page 323 COUNCILMEN \�Ot3 pM ��O OA NO CITY OF NEWPORT BEACH MINUTES ROLL CALL �lv pa N r rO November 13, 1972 INDEX • ORDINANCES FOR ADOPTION: 1. Ordinance No. 1474, being, Big Canyon AN ORDINANCE OF THE CITY OF NEWPORT Drive BEACH AMENDING SECTION 12.24. 080 OF THE NEWPORT BEACH MUNICIPAL CODE TO ES- TABLISH A SPEED LIMIT ON BIG CANYON DRIVE, establishing 35 mph prima facie speed limit on Big Canyon Drive, was presented for second reading. Motion x Ordinance No. 1474 was adopted. Ayes xxxxx x Absent x Z. Ordinance No. 1476, being, Garbage/ Trash AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 6.04. 240 TO THE NEWPORT BEACH MUNICIPAL CODE, EN- TITLED "VIOLATION AN INFRACTION, " making any violation of Chapter 6.04 (Garbage, Refuse and Cuttings) an infraction, was presented for second reading. Motion x Ordinance No. 1476 was adopted. Ayes xxxxx x Absent x CONTINUED BUSINESS: 1. A report was presented from the City Attorney Ocean regarding obligation for improvement of roadway on Blvd southerly side of Ocean Boulevard between Marguerite Resur- and Narcissus Avenue in connection with request of facing James E. Harrington for resurfacing a portion of Ocean Boulevard. James E. Harrington addressed the Council and reviewed the history of subject roadway. Motion x The seal coating by the City of that portion of Ocean Ayes xxxxx x Boulevard between Marguerite and Narcissus Avenues Absent x was approved. Volume 26 - Page 324 COUNCILMEN i2c" n 3 \11i 0. N 3 CITY OF NEWPORT BEACH MINUTES - 'ps�Zv ROLL CALL �� pm wv N C yr pi^ November 13, 1972 INDEX CURRENT BUSINESS: 1. A report was presented from the Public Works Newport Director regarding off -site sewer and storm drain Crest facilities with Tract Nos. 7817 and 7852 (Newport Crest), located along the future Balboa Boulevard extension northerly of West Coast Highway. Resolution No. 7867, authorizing the execution of an R -7867 agreement between the City of Newport Beach and Robert H. Grant Corporation for possible future off - Motion x site sewer and storm drain relocation and recon- Ayes xxxxx x struction in connection with Tract Nos. 7817 and 7852, Absent x was adopted. 2. A report was presented from the Public Works Curb Cut Director regarding the request of Steven H. Alblinger 515 35th to construct a curb cut at 515 35th Street. Motion x The request for a curb cut at 515 35th Street was Ayes xxxxx x denied. Absent x 3. A report was presented from the Planning Com- Com Dev i mission regarding a staff shortage in the Community Dept Development Department. Motion x The matter was referred to staff for study. Ayes xxxxx x Absent x 4. A letter was presented from the Citizens Environ- EIR's mental Quality Control Advisory Committee requesting the Council to enact an ordinance to the effect that where an Environmental Impact Report is required, no permit will be issued if the environmental impact report shows an adverse effect on the environment. Roy Woolsey, representing the Citizens Environmen- tal Quality Control Advisory Committee, reaffirmed the Committee's request as set forth in subject letter. Motion x The matter was referred to staff for study and report Ayes xxxxx x back. Absent x 5. A report was presented from the City Attorney re- Promon'- garding a Grant of Easement for pier moorings at tory Promontory Bay. Motion x The matter was postponed until November 20 to allow Ayes xxxxx x time for review by the Joint Harbor Committee. Absent x Volume 26 - Page 325 ROLL 0 Motion Ayes Absent • 0 COUNCILMEN CITY OF NEWPORT BEACH November 13, 1972 CONSENT CALENDAR: MINUTES The following items were approved by one motion affirming the actions on the Consent Calendar: 1. The following Advisory Communications were ordered filed: Letter from Alan L. Blum complimenting City crew for not only collecting the trash in excellent fashion, but also for cleaning up the alley which had been littered with trash from a can overturned by a dog and spread by the wind. Letter from Paul W. Elm' quist and telegram from Don Shaw, President, Beacon Bay Community Associ- ation, supporting use of Police helicopter. Letters from Joseph A. Wahed of Danville, California and Doris B. Schreiber protesting the Police heli- copter. Letter from Catherine Mortenson protesting dog litter on the beach. Letter from Duane Winters, Director, Orange County Division, League of California Cities enclosing sum- maries of two important meetings held during the Conference in Anaheim. Letter from Chief Counsel, State Water Resources. Control Board, enclosing corrected copy of proposed order in connection with petitions of County of Orange, et al, to review State Board Resolution No. 72 -45, Water Quality Control Plan for Ocean Waters of California. Letter from California Water Resources Association urging "No" votes on Propositions 14 and 20. Letter from City of Torrance thanking Council for its support of the revised resolution introduced at the League Conference regarding placement of utility facilities. Resolution of Garden Grove Sanitary District opposing Proposition 20. Letter from the Orange County Division of the League of California Cities regarding consideration at the Volume 26 - Page 326 INDEX Police Helicopter Police Helicopter Dogs on Beaches League of Cities Water Quality Control Power Lines Revenue Sharing COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROLL CALL + pa N C y( pig November 13, 1972 INDEX • League's November 9 meeting of a basic policy guide- line on federal revenue sharing funds and requesting all Orange County cities to participate in that meeting; and also stating that the Board of Supervisors has set November 22 for a public hearing on how to spend the funds. Minutes of the meeting of the General Assembly, Inter- governmental Council Committee, held October 30, 1972 in Costa Mesa Council Chambers. Notice of hearing on November 15 in connection with application of The Pink Bus Lines for certificate of public convenience and necessity to operate a passenger service between two points in Orange County. Order Instituting Investigation on Public Utilities Commission's motion regarding construction and maintenance of railroad grade crossings. Agenda for Board of Supervisors Meetings held October 24, 25, 31, November 1, 7 and 8, 1972. Copy of letter from City of Tustin to Orange County Division, .League of California Cities, regarding appointments to the Mosquito Abatement District Board of Trustees. Copy of letter from Pacific Telephone and Telegraph Company to Public Utilities Commission in connection with denial of rate increase and asking Commission to issue order to consolidate two applications and set hearings relevant to their decision. 2. The following communications were referred as indicated: Referred to staff for appropriate action, copy of Street letter to Mayor McInnis regarding street lamps on Lights Surfview Lane. Referred to Pending Legislation Committee, reso- Prop Dev lution of the City of Garden Grove supporting actions Tax to modify current tax assessment practices that discourage improvement and maintenance of resi- dential properties. Referred to Pending Legislation Committee, letter Library from Library Trustee Ruth LeLievre, as Correa- Volume 26 - Page 327 RO COUNCILMEN i0\1J1'_\P060'\'R\000_\0x O CITY OF NEWPORT BEACH MINUTES LL CALL -, * vN a yt pF November 13, 1972 iNUtx ponding Secretary of the Friends of California Libraries, stating that the Board of Trustees of the City of Newport Beach has written Governor Reagan strongly recommending adoption of Senate Bill 1261, increasing the Public Library systems per annum allowance. Referred to Pending Legislation Committee, reso- Revenue lution of the City of Norwalk requesting that the State Sharing provide by law for the allocation of revenue sharing funds as authorized under the State and Local Fiscal Assistance Act of 1972. Referred to Pending Legislation Committee,. letter Water from the California Water Resources Association requesting Council to oppose SB 107 which establishes a 20 -year moratorium on development of Eel River . water supplies. 3. The following resolutions were adopted: Resolution No. 7868 authorizing the execution of an Lawn agreement with the Newport Harbor Lawn Bowling Bowling • Association in connection with leasing and maintaining R -7868 lawn bowling greens at San Joaquin Hills Park. (A report from the Parks, Beaches and Recreation Director was presented.) Resolution No. 7869 authorizing the execution of a Traffic cooperative financing agreement between the City of Signal Newport Beach and the City of Costa Mesa for traffic R -7869 signal installation at Highland Drive and Irvine Avenu Contract No. 1476. (A report from the Public Works Director was presented.) Resolution No. 7870 accepting a TOPICS fund assign- Traffic ment from the County of Orange for its share of the Signal/ traffic signal installation at Plaftntia Avenue and TOPICS Superior Avenue, Contract No. 1403. (A report from R -7870 the Public Works Director was presented.) Resolution No. 7871 accepting a Grant Deed from The Police Irvine Company in connection with the purchase of the Facility Jamboree Road police facility site. R -7871 4. The following claims were denied, and the City Clerk' referral of the claims to the insurance carrier was Claims confirmed: Claim of Charlotte Fischbeck for personal injuries Fischbeck received when she tripped on a section of sidewalk Volume 26 - Page 328 ROLL C • 0 0 COUNCILMEN CITY OF NEWPORT BEACH November 13, 1972 MINUTES and fell on Marigold just west of Coast Highway in Corona del Mar on October 18, 1972, allegedly due to a faulty sidewalk. Claim of Roy W. Smith for refund of towing charge incurred after his car was ticketed and caused to be towed away by the Police Department. Claim of Robert A. and Marilyn Steinbeck for death of minor child on August 31, 1972 at 125 Topaz, Balboa Island, allegedly due to City negligence. Claim of Charles A. Riggs for personal injury in the City Hall Annex on February 14, 1972, allegedly due to faulty operation of a door in the building. 5. The following claim was denied and the City Clerk's referral to the City Attorney for appropriate action was confirmed: Petition for Writ of Mandate and Memorandum of Points and Authorities in Support of Petition for Writ of Mandate of Edwin C. Hall, Fireman, claiming approximately nine months temporary disability pay in connection with injury to his back and knee sus- tained while on duty on July 4, 1971. 6. The following requests to fill personnel vacancies were approved: (A report from the City Manager was presented) One Police Clerk I in the Police Department to fill a position now vacant. Two Police Officers in the Police Department to fill positions now vacant. One Laborer in the General Services Department to fill a position now vacant. One Refuse Crewman in the General Services Depart- ment to fill a position now vacant. One Equipment Mechanic Helper in the General Ser- vices Department to fill a position now vacant.' One Secretary in the City Manager's office to fill a position to be vacant. Volume 26 - Page 329 • =1 Smith Steinbeck Riggs Hall COUNCILMEN °s \Ctl\000' Z. ROLL CALL 0 E 0 CITY OF NEWPORT BEACH MINUTES \03. m Try pw 20 a O a r� pm November 13, 1972 INDEX 7. The public improvements constructed in conjunction Resub 292 with Resubdivision No. 292, the Texaco service station site located at the northeasterly corner of the Jamboree Road and San Joaquin Hills Road inter- section, were 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 presented.) 8. The public improvements constructed in conjunction Tract 6885 with Tract No. 6885, located at Vista del Oro and Vista Trucha in the Northbluff Planned Residential Development, were 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 presented. ) 9. The work for Temporary Police Facilities (Contract Temporary No. 1421) was accepted and the City Clerk was autho- Police rized to file a Notice of Completion and to release the Facilities bonds thirty -five days after the Notice of Completion has been filed. (A report from the Public Works Director was presented.) 10. The City Clerk was directed to record in the office of A & B Strs the County Recorder an offer of the owners of Lots 9 Dedication and 23, Block 14, Balboa Tract, located between 919 East Balboa Boulevard and 916 East Ocean Front to dedicate and improve a 20 foot wide alley over their property (Modification 486). (A report from the Public Works Director was presented.) 11. The following Harbor Permits were approved, subject to approval of the U.S. Corps of Engineers: Harbor Permit Application No. 120 -2410 ( #1) of Trautwein Brothers to relocate the existing bulkhead 50' bayward to a location on the U.S. Bulkhead Line and to relocate the existing finger float a commen- surate 50' bayward to the City Permit Line at 2410 Newport Boulevard. (A report from the Marine Safety Department was presented.) Harbor Permit Application No. 120 -2410 (#Z) of Trautwein Brothers to extend the finger float an additional 50' to the City Permit Line at 2410 New- port Boulevard. (A report from the Marine Safety Department was presented.) Volume 26 - Page 330 COUNCILMEN CITY OF NEWPORT BEACH \%� <,p0 N� 3�'mROLL CALL � vN yt v� November 13 • Motion Ayes Absent Motion Ayes Absent Motion Ayes Absent ion s Absent Motion Ayes Absent • 101WA MINUTES INDEX Density Bayside Drive R -7872 Cliff Dr Park Police Helicopter View Lights R -7873 ITEMS REMOVED FROM THE CONSENT CALENDAR: x 1. A letter from Mrs. Elsie A. Smith protesting density x x x x x x building in the City was referred to staff for reply. x 2. Resolution No. 7872, authorizing the execution of an engineering services agreement with Shuirman- x Simpson, Consulting Civil Engineers, for the pre - x x x x x x liminary design of certain improvements on a portion x of Bayside Drive, was adopted. (A report from the Public Works Director was presented.) 3. Letters urging Council to purchase all eight lots on Cliff Drive (Arthofer property) from Newport Heights x Homeowners Association, Mrs. Sue Doane, William C. x x x x x x Colver and two letters from Mrs. Doris Smith were x referred to the Parks, Beaches and Recreation Com- mission. ADDITIONAL BUSINESS: x 1. Resolution No. 7873, offering to provide an additional x x x x x x $30, 000 cash for the cost of an airborne low light x level viewing system, was adopted. x The meeting was adjourned at 12:20 A. M. to 7:30 P. M. , x x x x x x November 20, 1972. x mayor ATTEST: (ZN�� eao�' City Clerk i I i I Volume 26 - Page 331 INDEX Density Bayside Drive R -7872 Cliff Dr Park Police Helicopter View Lights R -7873