The URL can be used to link to this page

Home My WebLink About02/26/1973 - Regular MeetingCOUNCILMEN to3` P� O a� o O 7C1 1 ('GI I �P n C N ➢N 144 111 REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: February 26, 1973 MINUTES I my resent x xxxxx Roll Call. bsent x Mayor McInnis welcomed Girl Scout Troop No. 1868 which was in the audience. Motion x The reading of the Minutes of the Regular Meeting of Ayes x x x x x x February 12, 1973 was waived, said Minutes were ap- Absent x proved as corrected 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 is to read by titles only. HEARINGS: 1. Mayor McInnis opened the public hearing pursuant to 32nd/ Resolution No. 7926 regarding the disposal of surplus Marcus public property comprising approximately 1, 020 square feet of land located on 32nd Street between Marcus Avenue and Clubhouse Avenue. A report was presented from the City Attorney. ' No one desired to be heard. Motion x The hearing was closed. Ayes x xxxxx Absent x Resolution No. 7932, authorizing the execution of a R -7932 Motion x Grant Deed conveying property located at 32nd Street Ayes x xxxxx and Marcus Avenue to Los Angeles Federal Savings, Absent x was adopted. Z. Mayor McInnis opened the public hearing in connection Vacation with the proposed vacation, closing up and abandon- Pipeline ment of a portion of a pipeline easement within Tract Easement No. 7789 located northwesterly of the intersection of Seaview Avenue and Dahlia Avenue in Corona del Mar, in accordance with Resolution of Intention No. 7916. A report was presented from the Public Works Di- rector. No one desired to be heard. Motion x The hearing was closed. x xxxxx ,4yes bsent x Resolution No. 7933, ordering the vacation and R -7933 Motion x abandonment of an existing pipeline easement within Ayes x xxxxx Tract No. 7789, northwesterly of Seaview Avenue and Absent x Dahlia Avenue in Corona del Mar, was adopted. Volume 27 - Page 46 ROLL CALL W otion yes Absent Motion Ayes Absent Motion 41Ayes .bsent Motion Ayes 14�bsent Motion Ayes Absent NCILMEN CITY OF NEWPORT BEACH x X February 26, 1973 MINUTES The following public hearing was taken out of order and considered at this time: 3. Mayor McInnis opened the public hearing in connection with Ordinance No. 1494, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20. 08.190 OF THE NEWPORT BEACH MUNICIPAL CODE REGARD- ING GARAGE SPACE REQUIREMENTS, Planning Commission Amendment No. 358, requiring two garage spaces for each single - family dwelling. A report was presented from the Community Develop- ment Department dated February 7, 1973. No one desired to be heard. The hearing was closed. Ordinance No. 1494 was adopted. 4. Mayor McInnis opened the public hearing in connection with Ordinance No. 1492, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20.12. 030 OF THE NEWPORT BEACH MUNICIPAL CODE REGARD- ING BUILDING HEIGHT AND FLOOR AREA LIMITS, Planning Commission Amendment No. 357, permitting up to 200 square feet of additional floor area for each garage space which exceeds the minimum number required by Code, not to exceed 400 square feet. A report was presented from the Community Develop- ment Department dated February 7, 1973. No one desired to be heard. The hearing was closed. Ordinance No. 1492 was referred back to the Planning Commission for further review of tandem parking. Volume 27 - Page 47 INDEX Garage Space Require- ments Garage Space Requirernt COUNCILMEN A� \410, X03 CF. 2O'% ROLL CAL� • Motion Ayes Absent Motion Ayes Noes Absent • Motion Ayes Absent 66tion Ayes Absent CITY OF NEWPORT BEACH February 26. 1973 MINUTES INDEX t Zs as 5. Mayor McInnis opened the public hearing in connection Open with Ordinance No. 1493, being, Space Distric AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20. 09.030 OF THE NEWPORT BEACH MUNICIPAL CODE TO PLACE THE OPEN SPACE DISTRICT. WITHIN THE 24/28' HEIGHT LIMITATION ZONE, Planning Commission Amendment No. 359. A report was presented from the Community Develop- ment Department dated February 6, 1973. No one desired to be heard. x The hearing was closed. x xxxxx x x Ordinance No. 1493 was adopted. x x xx x x x ORDINANCES FOR ADOPTION: 1. Ordinance No. 1491, being, Citatio AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 1. 12. 020 OF THE NEWPORT BEACH MUNICIPAL CODE PER- TAINING TO CITATION AUTHORITY FOR MUNICIPAL EMPLOYEES, substituting Training and Safety Inspector for General Services Inspector, was presented for second reading. x Ordinance No. 1491 was adopted. x xxxxx x CONTINUED BUSINESS: 1. Harbor Permit Application No. 175 -306 of Nicholas Harbor Shammas to construct a pier, ramp and float bayward Permit of 306 Via Lido Nord in an area where piers and floats are restricted by Councilpolicy, was presented. Shamrr x Consideration of Harbor Permit Application No. '175 - x xxxxx 306 was continued to March 26 in compliance with x request of Mr. Shammas' attorney. Volume 27 - Page 48 t Zs as U ROLL CALL E Motion Aye s Absent Motion Ayes Absent Motion Ayes Absent • Motion Ayes Absent • x xlxlx xlxlx February 26, 1973 MINUTES 2. A report was presented from the Marine Safety Department regarding Harbor Permit Application No. 129 -2572 of The Irvine Company for the complete reconstruction of Bayshores Marina. Larry Moore, General Planning Administrator with The Irvine Company, addressed the Council. Frank James, Bayshores resident, addressed the Council regarding opening the east gate into Bayshores. Harbor Permit No. 129 -2572 was approved, subject to the conditions set forth in the Marine Safety Department's report dated February 26, 1973, and to the prior approval of the U.S. Corps of Engineers. 3. Resolution No. 7934, expressing the City's willingness to cooperate with the State Division of Highways in a Transportation Corridor Study under certain con- ditions, was adopted. 4. Resolution No. 7935, amending Resolution No. 7912 to change the name of the Charter Revision Citizens Advisory Committee to the Charter Review Citizens Advisory Committee, was adopted. CURRENT BUSINESS: 1. A report was presented from the Community Develop- ment Department regarding extension of Use Permit No. 1510 to Raleigh Hills Hospital, Inc., which allows a thirty -five bed rehabilitation center for alcoholic patients at 1501 East 16th Street. A letter was received after the agenda was printed from Raleigh Hills Hospital asking that the matter be continued to March 12. Consideration of the extension of Use Permit No. 1510 was continued to March 12. 2. A report from the Marine Safety Department regard- ing Harbor Permit Application No. 200 -1001 of The Irvine Company for the construction of an 860' bulk- head and for the construction and redesign of 77 slips for the Cove Condominiums located at the south- westerly corner of Bayside Drive and Marine Avenue, adjacent to the Balboa Island bridge, was presented. ,6 Volume 27 - Page 49 INDEX Bayshores Marina Trans- portation Study R -7934 Charter Review Citizens Advisory Cmte R -7935 Raleigh Hills Hosp The Coves COUNCILMEN P� �L PO P O N� 'S0 1 �m Z G MA ROLL CALL T 9 PN N v� �^ MINUTES INDEX rk A letter was presented from the County Harbors, • Beaches and Parks District stating that the Joint Harbor Committee reviewed subject Harbor Permit application and ordered it forwarded to the City Council without recommendation. Motion x Consideration of Harbor Permit No. 200 -1001 was Ayes x xxxxx diaried to March 12. Absent x 3. A report was presented from the Public Works Di- Zone III rector regarding the installation of additional water Pump pressure Zone III pump at Big Canyon Reservoir. Station Resolution No. 7936, finding and declaring that the R -7936 installation of additional water pressure Zone III pump at Big Canyon Reservoir can be performed better and more economically by the City and its own employees and also that the material used in said work can be purchased more economically on the open market, was adopted. 4. A report was presented from the Public Works Department regarding the establishment of curbside Bus Stop bus stop zones. *Motion x The bus stops were approved as recommended by Ayes x x x x x x the Public Works Department. Absent x CONSENT CALENDAR: Motion x The following items were approved by one motion affirming Ayes x xxxxx the actions on the Consent Calendar: Absent x 1. The following resolutions were adopted: Resolution No. 7937 accepting a Grant Deed from Cliff Dr Carl and Doris Arthofer in connection with the pur- View Pai chase of property located on Cliff Drive for a view R -7937 park. Resolution No. 7938 establishing parking fees and Prkg Lot regulations for the use of City parking lots and Fees rescinding Resolutions Nos. 7652, 7722 and 7798. R -7938 (A report from the City Manager was presented.) Resolution No. 7939 designating an intersection at Stop Sign which vehicles are required to stop and directing the R -7939 • Traffic Engineer to erect necessary stop signs at Hospital Road and Placentia Avenue. (A report from the Public Works Department was presented. ) Volume 27 - Page 50 rk �;OLL CAL • • E COUNCILMEN \C� _1 0 3 ( 3 O O Y N N. pl^ CITY OF NEWPORT BEACH February 26. 1973 MINUTES INDEX Resolution No. 7940 designating an intersection at Stop Signs which vehicles are required to stop and directing the R -7940 Traffic Engineer to erect necessary stop signs at Seashore Drive and Orange Street. (A report from the Public Works Department was presented. ) Resolution No. 7941 awarding a contract for paving Jamboree Islands Nos. 5, 6 and 7 on Jamboree Road median to Road Donn O. Michaels, Contract No. 1495. (A report Median from the Public Works Department was presented.) Paving R -7941 Resolution No. 7942 awarding a contract for replace- Beach Front ment of plumbing fixtures in beach front public rest- Restroom rooms to Means and Ulrich, Contract No. 1468. (A Plumbing report from the Public Works Department was pre- R -7942 sented.) Resolution No. 7943 amending the Compensation Plan Personnel and Table of Authorization, Fiscal Period 1972 -73. R -7943 (A report from the City Manager was presented. ) 2. The following communications were referred as in- dicated: Referred to Planning Commission, letter from Mr. CdM and Mrs. Charles S. Flickwir asking for a building Density moratorium in Corona del Mar. Referred to staff for reply, letter from C. P. Avery Air asking Council to take a stand against vehicle pollution. Pollution Referred to staff for investigation and report back, Drainage letter from Alex and LaVerne K. Schvarz regarding drainage problem in the Finley Tract. Referred to staff for reply, letter from Mary Ellen Mariners Hadley regarding parking at Mariners Library. Library Referred to staff for reply, letter from Transchem Parking Division, Jetronic Industries, Inc. regarding their request for parking on Birch Street. Referred to staff for reply, letter from Judge Gardner Little requesting removal of the Little Corona Beach dam. Corona Beach Referred to Pending Legislation Committee, letter Flood from Placentia Unified School District regarding the Control Santa Ana River flood control study. Referred to staff for reply, letter from Earl V. Nelle- Dogs on sen protesting dog litter on beaches Beaches Referred to staff for reply, letter from Mr. and Mrs. Dunes Sidney Justin protesting the proposed development known as "Water World ". Volume 27 - Page 51 COUNCILMEN 9� �<p0 O N � 3 O O ROLL CALL r 9 N m c rP PO February 26, 1973 MINUTES INDEX 3. The following communications were referred to the City Clerk for filing and inclusion in the records: Letter from E. P. Benson regarding population growth and enclosing a newspaper clipping. Note from Mrs. Marshall W. Fields enclosing an Bal Pen editorial opposing the moratorium on the Peninsula. Bldg 1Vi0 r acu r iui, Letter from Newport Harbor Chamber of Commerce stating that one of the directors would be in personal attendance at every meeting. Copy of a letter to the City Manager from Doris Bailey Masters commending Greta Barry of the License Division for her skill and knowledge. Letter from Violet Hartwig commending the firemen involved in handling the fire at her home at 2120 E. Ocean Boulevard on February 2. Copy of a letter to Stan Hirschberg, License Super- visor, requesting money to be refunded, and copy of Mr. Hirschberg's reply. • Copy of a letter to Newport Harbor Joint Harbor Com- mittee from Larry M. Leaman, Secretary to the Committee regarding County's proposed hull cleaning ordinance. Copy of a letter to Newport Harbor Joint Harbor Com- The Coves mittee from its Secretary, Larry M. Leaman, regard- ing the County Counsel legal opinion re "The Coves ". Greenbelt Progress Report for January. Greenbelt Excerpt from Minutes of Board of Supervisors meeting Grand of January 30 authorizing reimbursement agreement Canal with City of Newport Beach for dredging of Grand Canal. Notices of hearing before the Local Agency Formation Commission on February 28 in connection with pro- posed annexation to the City of Costa Mesa designated Victoria Street No. 2 and the proposed annexation to Costa Mesa Park and Recreation District designated Victoria Street No. 2, located northerly of Victoria Street between Pacific Avenue and Canyon Drive. • Notice of hearing before the Public Utilities Com- mission regarding joint application of Southern Cali- fornia Gas Company and Pacific Lighting Service Company to raise rates from time to time. Volume 27 - Page 52 COUNCILMEN P 0 0 3 PO �� ROLL_ CAI I F� PS VOPr T FPhrnary 7A 107R MINUTES WIDO 4 • Copy of Minutes of Intergovernmental Coordinating Inte: Council meeting of February 7, 1973. Coo: C out OrC Agenda for Board of Supervisors meetings of Febru- ary 13, 20 and 21, 1973. Copy of Orange County Population Growth Policy & Development Strategy Study. Letter from Charles W. Masters, Cameo Building Co. protesting the license fee assessed on his commercial rentals. Letter from R. L. Slater protesting the rezoning on BI Balboa Island. R -1, 4. The following claims were denied, and the City Clai Clerk's referral of the claims to the insurance carrier was confirmed: Claim of Angelika Rosalia Cabral for damages to her Cab: automobile on January 30, 1973, allegedly sustained • when she was involved in an accident with a City vehicle. Claim of Eddie Joe Russell, a minor, for personal Rus= injuries allegedly sustained on or about November 19, 1972 at 41 st and River when he was arrested by New - port Beach police officers in the performance of their duties. Claim of Mark S. Love filed by his father, Leo H. Lov1 Love, for damage to his vehicle on November 11, 1972, allegedly caused when a limb from a City tree fell on the vehicle. Claim of Buster O. Bruce for damage to his car on Bru< February 9, 1973, allegedly caused when the car was struck by a City vehicle while parked in front of 152 Via Undine, Newport Beach. 5. The City Attorney was authorized to request the Orange County Counsel to defend the following lawsuit for the City pursuant to authority set forth in Section 5103 of the Revenue & Taxation Code: (A report from the City Attorney was presented.) • Case No. 190,273 in Orange County Superior Court, Xer< Xerox Corporation v. County of Orange, et al. Volume 27 - Page 53 :gov't :d icil of 5 Di- ms !al Zell :e Ix COUNCILMEN 9� �� p0 ; O o \�PO% fO 2, c2 O �A ROLL CALL T v 9N N r February 26. 1973 MINUTES INDEX TV essmt 54 Or mit Stew 6. The following requests to fill personnel vacancies were approved: (A report from the City Manager was • presented) Seven Police Officers in the Police Department to fill positions now vacant. One Police Clerk I in the Police Department to fill a position now vacant. One Building Maintenance Man I in the General Ser- vices Department to fill a position now vacant. One Maintenance Man I in the Public Works Depart- ment to fill a position now vacant. 7. The following staff report was received and ordered filed: Report from the City Manager regarding assignment CA of Public Cable TV dues to franchise companies. 8. A public hearing was set for March 26, 1973 to accept Ass the work and approve the assessments in Assessment Dist District 54, Newport Heights/ Balboa Alley Improve- ments . • 9. The application of Mr. Stewart for Harbor Permit Harb No. 112 -419 to revise the current harbor permit to Per allow a 10' x 4' pier extension so the float can be relocated to a position 10' bayward of the U.S. Pier- Ste head Line at 419 E. Edgewater, Balboa, was approved, subject to prior approval of the U. S. Corps of Engi- neers. (A report from the Marine Safety Department was presented.) 10. The following Budget Amendments were approved: BA -49, $800 transfer for air fare for trip to Australia for Boat Operator for an educational and instructional exchange with the Surf Life Saving Association of Australia from Unappropriated Contingency Reserve to Marine Safety - Travel and Meetings, General Fund. BA -50, $1, 000 transfer to purchase seven tennis court nets for local high school tennis courts and a windscreen for Corona del Mar High School Courts from Park and Recreation Reserve for Tennis Courts to Recreation -Self Supporting, Special Departmental Supplies, Parks, & Recreation Fund. (A report from the Parks, Beaches and Recreation Director was • presented.) BA -51, $56, 400 transfer for replacement of plumbing fixtures in beach front public restrooms from Unap- Volume 27 - Page 54 TV essmt 54 Or mit Stew ROLL CALI E • Motic Ayes Absei • COUNCILMEN pn 1L 0� np NNa TT N N C9�plf` MINUTES INDEX rve .ng am ct io re s propriated Contingency Reserve to General Services - Building Maintenance, Replace Plumbing in Public Restrooms, General Fund. BA -5Z, $46, 93Z. 85 increase in Budget Appropriations and a decrease in Unappropriated Surplus for acqui- sition of lot for Cliff Drive View Park to Acquisition of Park Site, Building Excise Tax Fund. BA -53, $25, 000 transfer from Unappropriated Surplus for Water Systems Development Fund contribution and appropriation for installation of additional pump for Zone III pump station at Big Canyon; to Water -Zone III Pump Station, Water Fund. BA -54, $4, 900 increase in Budget Appropriations and a decrease in Unappropriated Surplus for construction of a storage shed at San Joaquin Hills Park to San Joaquin Hills Park, Building Excise Tax Fund. (A report from the Parks, Beaches and Recreation Director was presented.) BA -55, $2, 600 increase in Estimated Revenues and increase and transfer of Budget Appropriations for replacement of motorcycle which was totally damaged in a recent accident to Police- Rolling Equipment, General Fund. (A report from the Police Chief to the City Manager was presented. ) ITEMS REMOVED FROM THE CONSENT CALENDAR: )n x 1. A report from the Marine Safety Director to the City Marin X x x x x x Manager outlining the Marine Preserve Ranger Prese it z Training Program was received and ordered filed. Range Traini Progr Z. A proposed Ordinance, being, AN ORDINANCE OF Distri THE CITY OF NEWPORT BEACH REZONING PRO- Map 1 PERTY AND AMENDING DISTRICTING MAP NO, 1, Npt St Planning Commission Amendment No. 355, rezoning Lot 8, Block 6, Seashore Colony Tract, from a C -1 -H District to an R -1.5 District, and establishing a ten foot front yard setback, located at 211 Lugonia Street on the southwesterly corner of Lugonia Street and Newport Shores Drive in Newport Shores. A report from the Community Development Depart- ment was presented. John Shea, representing the Newport Shores Com- munity Association, addressed the Council and Volume Z7 - Page 55 rve .ng am ct io re s COUNCILMEN CITY OF NEWPORT BEACH ROLL CALL MINUTES INDEX OrCo Airport Litigation opposed the proposed ordinance until such time as • the study is completed on the Newport Shores streets and alleys. Motion x The proposed ordinance was postponed to March 12. Ayes x xxxxx Absent x ADDITIONAL BUSINESS: 1. Councilman Dostal, as a committee of one, reported on his meeting with local attorneys regarding Orange County Airport Noise Litigation. After requesting to be excused due to a possible con- flict of interest, Councilman Ryckoff left the Council Chambers. Motion x The City Attorney was authorized to prepare and file Ayes x x x x x a law suit against the County of Orange to reduce jet Absent x x noise pollution emanating from the Orange County Airport, and the City Attorney was also authorized to obtain such legal counsel as necessary to help him accomplish said goal. Lotion x The meeting was adjourned at 8:38 P.M. Ayes x x x x x Absent x x Mayor ATTEST: I City Clerk • Volume 27 - Page 56 INDEX OrCo Airport Litigation