The URL can be used to link to this page

Home My WebLink About03/12/1973 - Regular MeetingROLL CALL P Mo Ayl Mo Ay1 Mo A Mot Aye :d COUNCILMEN Z CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: March 12, 1973 MINUTES IPII'1CN :sent ' xxxxxxx Roll Call. The reading of the Minutes of the Regular Meeting of ;ion x February 26, 1973 was waived, said Minutes were ap- es xxxxxxx proved as written and ordered filed. The reading in full of all ordinances and resolutions under :ion x consideration was waived, and the City Clerk was directed :s xxxxxxx to read by titles only. CONTINUED BUSINESS: 1. A report was presented from the Community Develop- Raleigh ment Department dated February 21 regarding exten- Hills sion of Conditional Use Permit No. 1510 to Raleigh Hospital Hills Hospital which allows a thirty -five bed rehabil- itation center for alcoholic patients at 1501 East 16th Street, and a supplemental report recommending two additional conditions. Richard Brown, Administrator of Raleigh Hills Hospital, addressed the Council. :ion x The extension of Use Permit No. 1510, subject to �S r xxxxxxx the conditions recommended by staff, was approved. 2. A report was presented from the Marine Safety The Coves Department regarding Harbor Permit Application No. 200 -1001 of The Irvine Company for the con- struction of an 8601 bulkhead 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. Captain David Narshbarger of the Marine Safety Department and Larry Moore, General Planning Administrator with The Irvine Company, briefly addressed the Council. ion x Harbor Permit No. 200 -1001 was approved, subject S xxxxxxx to the conditions recommended by the Marine Safety Department. 3. A proposed ordinance, being, District Map I/ AN ORDINANCE OF THE CITY OF NEWPORT Npt Shores BEACH REZONING PROPERTY AND AMENDING DISTRICTING MAP NO. 1, ' Planning Commission Amendment No. 355, rezoning Lot 8, Block 6, Seashore Tract, from a C -1 -H Volume 27 - Page 57 ROLL CALL Motion Ayes Motion Ayes r 1 L_J Motion Ayes E Motion Ayes COUNCILMEN r�'�n .n Cyl pig MINUTES INDEX 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. x Consideration of the proposed ordinance was continued x x x x x x x to March 26, 1973. CURRENT BUSINESS: 1. A report was presented from the Public Works Vacation Director regarding vacation and abandonment of a PU Easemt portion of a public utility easement reservation, located westerly of the Bayside Shopping Center over the portion of abandoned and vacated Bayside Drive. Resolution No. 7944, declaring intention to order the R -7944 vacation and abandonment of a portion of a public utility easement reserved over vacated Bayside Drive, and setting a public hearing for April 9, 1973, xxxxxxx was adopted. 2. A report was presented from the Community Develop- Monterey anent Department regarding an off -site parking agree- Still ment for Giles Svehlek, for Taverinn, Inc., for thirty parking spaces to be used in conjunction with a restaurant to be called "Monterey Still's (formerly the "Dry Dock "), located at 2601 West Coast Highway on the south side of West Coast Highway across from Tustin Avenue on Mariner's Mile in the C -O -Z Zone. Giles Svehlek addressed the Council regarding im- posed conditions. Resolution No. 7945, authorizing execution of an R -7945 x agreement between the City of Newport Beach and xxxxxxx Taverinn, Inc., for off -site parking, was adopted; subject to the conditions set forth by the Planning Commission. 3. A report was presented from the Parks, Beaches and Harbor Hi Recreation Director regarding a joint powers agree- Tennis ment for night lights on Newport Harbor High School Court tennis courts. Lights Parks, Beaches and Recreation Director Cal Stewart gave a brief staff report. Resolution No. 7946, authorizing the execution of a R -7946 Joint Powers Agreement between the City of Newport Beach and the Newport -Mesa Unified School District x for installation of lights on the tennis courts at New- xxxxxxx port Harbor High School, was adopted. Volume 27 - Page 58 ROLL ( • COUNCILMEN CITY OF NEWPORT BEACH L \ �a� "�"��c�"� March 12, 1973 Motion x Ayes x Noes Motion Motion Ayes x Noes Ayes x • J Motion MINUTES 4. A letter was presented from Richard John Peterson appealing the decision of the Chief of Police revoking his Yellow Cab Driver's Permit, pursuant to Section 5.12. 320 of the Newport Beach Municipal Code. A report was presented from the Police Chief. Richard John Peterson addressed the Council. Councilman Ryckoff made a motion to reverse the revocation of subject permit, which motion failed. Mayor McInnis made a motion to affirm the revocation of the permit. Mayor Pro Tem Rogers made a- substitute motion to diary the matter to March 26, and the staff was directed to work with the applicant to get a report back to Council at that time, which motion failed. A vote was taken on Mayor McInnis' motion, which motion carried, and the Yellow Cab Driver's Permit of Richard John Peterson was revoked. 5. A petition to the City of Newport Beach and the Upper Newport Bay Field Committee bearing signatures of 882 citizens, mostly from the Harbor area, was presented, urging that the undeveloped uplands area on the northwestern and northern shore of Upper Newport Bay be dedicated as a park site and that its scenic beauty, its recreational and ecological values be preserved for the enjoyment of present and future generations; and an identical petition bearing 216 signatures of Harbor High School students. A copy of a letter of testimony before the Board of Supervisors submitted by Mrs. Howard S. Babb was presented, urging that a realistic value be established for the land involved; that a long -term acquisition program be envisaged, with an initial financial com- mitment by the County; and that The Irvine Company be relieved of heavy taxation if the lands are to be publicly acquired. Twenty additional signatures to the petition were received after the agenda was printed. Mrs. Howard Babb addressed the Council urging support of subject petition, and stated that the area has been declared a critical air basin. Councilman Dostal made a motion to refer the matter ;to the Parks, Beaches and Recreation Commission. Councilman Kymla stated for the record that the critical air area in Southern California goes from Volume 27 - Page 59 INDEX Taxicab Driver's Permit Upper Newport Bay ROLL CAL 4 Aye Mot Aye 4 COUNCILMEN fo3.�'m2Z0Na O L r v pa N c' r� pF CITY OF NEWPORT BEACH March 12. 1973 MINUTES INDEX ' Ventura to San Diego to the 3, 000 foot elevation, and goes over into Riverside /Ontario area, and that it is not just the Upper Bay area that is a critical area. s xxxxxxx A vote was taken on Councilman Dostal's motion, which motion carried. CONSENT CALENDAR: lion x The following items were approved by one motion affirming ;s xxxxxxx the actions on the Consent Calendar: 1. The following resolutions were adopted: Resolution No. 7947 designating new MacArthur MacArthur Boulevard from San Joaquin Hills Road to Ford Road Boulevard as a through street. (A report from the Public Works R -7947 Director was presented.) Resolution No. 7948 authorizing execution of an City Dump engineering services agreement between the City of R -7948 Newport Beach and Shuirman- Simpson, Consulting Civil Engineers, for the design of water transmission main to provide water service to old City dump site. ' (A report from the Public Works Director was pre- sented.) 2. The following communications were referred as in- dicated: Referred to staff for reply, letter from Robert and Patricia McLaughlin asking that density be lowered for the whole City. Referred to staff for reply, letter from Dr. and Mrs. General Howard S. Babb asking that the City prepare and Plan disseminate an environmental impact statement before taking any final action on the General Plan or before adopting the Residential Density and Land Use Elements thereof. Referred to Greenbelt Committee, Greenbelt Program Greenbelt Report for February, 1973. 3. The following communications were referred to the City Clerk for filing and inclusion in the records: Letter from Alice L. Anderson objecting to plans to build a Boys' Club at Eastbluff Park as being dis- criminatory against girls, and copy of City Attorney's reply. Letter from Balboa Improvement Association stating Bal Pen that under no circumstances should the moratorium Bldg continue for more than 120 days. Moratorium Volume 27 - Page 60 ROLL CALL • • COUNCILMEN CITY OF NEWPORT BEACH MINUTES Letter from Mr. and Mrs. Edward Rando opposing the proposed changes in zoning for Balboa. Copy of letter to Planning Commission from Winton Ashton opposing any "down zoning" of his property at 306 and 309 Coronado. A letter from Burton S. Grant thanking Council for its action to eliminate the jets from Orange County Airport. A letter from Mr. and Mrs. J. C. Glithero thanking Council for voting to buy at least two of the six lots on Cliff Drive, and making suggestions for other improvements to the City. A letter from Barbara Eastman enclosing a digest of daily helicopter activity in November. Letters from Mrs. W. E. McNair and Donald W. Hayton protesting dogs on beaches. Letters protesting the development of "Water World" at Newport Dunes from Doris and Angus McPhail, Mr. Lorne Huycke, Ethel W. Doss, Diana Milroy, Ms. Joan Ross and Albert J. Yesk. Letter from Diana Milroy asking that the entire Upper Newport Bay be preserved as a wildlife preserve. A letter from Mrs. Edith Leinau thanking Council for its efforts to control growth and asking that Upper Newport Bay not be developed. Highlights of 1972 legislation affecting cities from League of California Cities. Memorandum from the chairman of the Intergovern- mental Coordinating Council enclosing an agenda for the meeting held February 28. Resolution from City of Costa Mesa supporting the Placentia Unified School District regarding the Santa Ana River flood control study. Resolution from City of Los Alamitos opposing an attempt to alter the method of distributing the uniform sales and use tax under the Bradley -Burns Uniform Local Sales and Use Tax Law. Excerpt from Board of Supervisors meeting of February 20 indicating approval of expenditure of $2, 500 by the County from the Dana Point Tidelands fund toward the pilot program to patrol the marine refuge located south of the Corona del Mar State Beach. Volume 27 - Page 61 INDEX Balboa Rezoning Balboa Rezoning OrCo Airport Cliff Dr View Park Police . Helicopter Dogs on Beaches Dunes Upper Npt Bay Upper Npt Bay Intergov't Coord Council Flood Control Use Tax Marine Preserve Ranger Training Program COUNCILMEN ROLL CALL • • March 12, 1 MINUTES Resolution of the Board of Supervisors regarding distribution of the Summary Report of the Population Growth Policy and Development Strategy Study. Notice of Local Agency Formation Commission of hearing on March 14 regarding proposed annexation to Costa Mesa Sanitary District designated Engineer's No. 148 Annexation, located westerly of College from southerly of Spruce Avenue to Dale Way. Notice of Hearing before the Public Utilities Com- mission regarding request of various bus lines for increase in rates. Agenda of Board of Supervisors meetings held February 27, 28, March 6 and 7, 1973. Letter from the Administrative Assistant to Assembly man Badham regarding introduction of legislation at request of City of Newport Beach to allow cities to purchase, at original cost, certain parcels of State Division of Highways land within the former Pacific Coast Freeway Route 1 for parks, open space and recreational use, and requesting to be advised by April 1 if other cities wish certain parcels to be incorporated. 4. The following claims were denied, and the City Clerk's referral of the claims to the insurance carrier was confirmed: Claim of Mrs. Rhoda G. Speer for damages to her property at 611 Orchid, Corona del Mar, allegedly caused when a City tree fell onto her property on February 6. Claim of Ruth D. Morrison, filed by her attorney, Richard L. Sullivan, for damages and expenses in connection with injuries sustained when Ms. Morrison fell on December 5 on Riverside Drive near Cliff Drive, allegedly due to carelessness and negligence on the part of the City in maintaining street and side- walk. Claim of Rendezvous Homeowners Association for damage to property at 600 E. Ocean Front, Newport Beach, on February 23, allegedly due to a backed - up City sewer line. Claim of Mrs. Mabry C. Steinhaus for property damage at 2415 Blackthorn, Newport Beach, on December 31- January 1 due to flooding caused by sewer back up, allegedly caused by roots from a City tree growing into and plugging the sewer line. 5. The City Attorney was authorized to request the Orange County Counsel to defend the following law- Volume 27 - Page 62 INDEX Claims Speer Morrison Rendezvous Home - owners Assoc Steinhaus ROLL CAL • u COUNCILMEN O 2 � 2 L T 9 N March 12, 1973 MINUTES INDEX Co ores ce rong ct suit for the City pursuant to authority set forth in Section 5103 of the Revenue & Taxation Code: Cross- Complaints: Dover Shores Community Associ- Dover ation v. County of Orange et al, The Irvine Company Shores v. County of Orange et al. Superior Court Case No. Comm 194245. Assoc Irvine 6. The following requests to fill personnel vacancies were approved: (A report from the City Manager was presented) One Groundsman Gardener I in the Parks, Beaches and Recreation Department to fill a position now vacant. One Equipment Operator II in the General Services Department to fill a position now vacant. One Laborer in the General Services Department to fill a position now vacant. 7. The following staff report was received and ordered filed: Report from the City Manager regarding the proposal Bayshc of Frank James for opening of Bayshores Community Entran entrance gate at Marino Drive. 8. The findings in the report of the City's auditor, Armst. Binder, Mestyanek, Johnson and Company, regarding Contra their review of the Armstrong Petroleum Corporation Audit contract in connection with the City's annual contract compliance audit program was referred to the City Manager for disposition. (A report from the City Manager was presented.) 9. The following Budget Amendments were approved: BA -56, $21, 000 increase in Budget Appropriations and in Revenue Estimates for construction of Hospital Road, State Division of Highways contribution to Widen Hospital Road to Placentia, Contributions Fund. BA -57, $10, 500 transfer of Budget Appropriations for consolidation of appropriations under one account to simplify accounting from Modify Traffic Signals & Intersections to Widen Hospital Road - Newport to Placentia, State Gas Tax Fund. BA -58, $190 transfer of Budget Appropriations for an additional table for the Conference Room in Annex #2 from Unappropriated Contingency Reserve to Non - departmental- Office Equipment, General Fund. Volume 27 - Page 63 Co ores ce rong ct ROLL CALL • Motion Aye s Motion Ayes 0 Motion Ayes Noes Motion Ayes COUNCILMEN CITY OF NEWPORT BEACH March 12. 1973 MINUTES INDEX x x x x lution to be brought back to the meeting of March 26 similar to the resolution of the Newport Harbor Chamber of Commerce supporting the philosophy of year -round daylight savings time. 2. A letter was presented from Wm. W. Davison pro- Handbills testing unauthorized delivery of two newspapers. Newspapi The City Attorney was directed to prepare a handbill x x x ordinance to come back for Council consideration on April 9. ADDITIONAL BUSINESS: 1. The Joint Powers Agreement providing for the Greenbel establishment of the Santa Ana River and Santiago Comsn Creek Greenbelt Commission was presented. Councilman Dostal made a motion to approve said agreement. Councilman Kymla made a substitute motion to refer x the matter to the Orange County Intergovermental x x Coordinating Council, which motion carried. x The meeting was adjourned at 9 :03 P.M. x x x QW04 ' .2& Mayor ATTEST: City Clerk Volume 27 - Page 64 t BA -59, $4, 500 transfer of Budget Appropriations for engineering services to design a water main to the old City dump site from Water Surplus Fund to Water Main City Disposal Site, Water Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A copy of a resolution of Newport Harbor Chamber of D Daylight Commerce supporting the philosophy of year -round S Savings daylight savings time was presented. T Time The City Attorney was directed to prepare a reso- t