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Home My WebLink About03/26/1973 - Regular MeetingROLL CAL Present *ent Motion Ayes Absent Motion Ayes Absent f� Motion Aye s A *nt COUNCILMEN Fo3CCOm2yo'"a o L T9 pN Nf yt pi^ CITY OF NEWPORT SEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: March 26, 1973 MINUTES INfIFX x x x x x Roll Call. x X The reading of the Minutes of the Regular Meeting of x x x x x x March 12, 1973 was waived, said Minutes were approved x as written and ordered filed. x The reading in full of all ordinances and resolutions under x x x x x x consideration was waived, and the City Clerk was directed x to read by titles only. HEARINGS: 1. The City Clerk stated that this was the time and place Assessmi fisted pursuant to statute and notice given for the Dist 54 hearing in the matter of assessment for the work and improvement done and performed by the contractor consisting of the construction of certain alley improve- ments in Assessment District No. 54 as contemplated by Resolution of Intention No. 7576, adopted by the City Council on the 13th of December, 1971. The City Clerk informed the Council that affidavits of the mailing, posting, and publication of the Notice of Filing Assessments were on file in her office. The City Clerk stated that nine written appeals or objections had been filed in her office, which were from Robert and Leah Shadbolt, Agnes Dixon Tipping, Richard T. Hubbell, Ernest Vogt, Raymond L. Gray, Roland W. Landrigan, Mrs. Margaret L. Jarosse, Mrs. Bernice C. Caya and Hugh Lilly, A report was presented from the Public Works Director. Mayor McInnis opened the public hearing. The following people addressed the Council and expressed dissatisfaction with the quality of the contractor's work, especially the grading and com- paction: Roland Landrigan, Richard T. Hubbell, Alan Coffey, Virginia Simmons, John Keller, Ernest Vogt, William Spencer, Raymond Gray, B. J. Lewis, Walter Lewis, Mrs. Walter Lewis and Hugh Lilly. x Mrs. Lewis was granted an additional two minutes x x x x for her comments. x Public Works Director Joe Devlin stated that the design had been chosen by a Newport Heights com- mittee and was not the City's recommended design. Volume 27 - Page 65 NCILMEN CITY OF NEWPORT BEACH ROLL CALL tion s Absent Motion x Ayes x x Absent x x • Motion x Ayes x x Absent x x Motion Ayes x x Absent x x • March 26, 1 MINUTES The public hearing was continued to April 23 to allow the staff to work with the homeowners and the con- tractor to resolve the individual problems, and the staff was directed to come back with a report. RECESS for five minutes was declared by Mayor McInnis. The Council reconvened with all members present except Mayor Pro Tern Rogers. Councilman Kymla left the Council table after his request to be excused was granted by Mayor McInnis. 2. The public hearing regarding the appeal of Charles W. and Doris B. Masters from the decision of the Plan - ning Commission granting Resubdivision Application No. 379 of Mr. and Mrs. Hugh W. Stewart to create two parcels of landwhere one parcel now exists, located at the southwesterly corner of Fernleaf Avenue and Ocean Boulevard, Corona del Mar, zoned R -1, was rescheduled for April 9, 1973 in order to meet the necessary publication and posting require- ments. CONTINUED BUSINESS: 1. Harbor Permit Application No. 175 -306 of Nicholas Shammas to construct a pier, ramp and float bayward of 306 Via Lido Nord in an area where piers and floats are restricted by Council policy was continued. to April 23 in compliance with the request of the applicant. 2. Resolution No. 7949, urging the Congress of the United States to adopt year -round Daylight Savings Time, was adopted. 3. A proposed ordinance, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICTING MAP NO. 1, Planning Commission Amendment No. 355, rezoning Lot S, Block 6, Seashore 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, was pre- sented. A report was presented from the Community Develop- ment Department dated February 26. Volume 27 - Page 66 INDEX Masters/ Stewart Appeal Harbor Permit Shammas Daylight Saving s Time R -7949 Newport Shores ROLL CAL • Motion Ayes Absent Motion Ayes Absent • Motion Ayes Absent Motion Aye s Absent • COUNCILMEN x March 26, 1973 Dana Smith, applicant, addressed the Council. MINUTES Consideration of the proposed ordinance was continued to April 23, 1973. 4. A report was presented from the City Attorney regarding amended Guidelines for Preparation and Evaluation of Environmental Impact Reports. Larry Moore, General Planning Administrator for The Irvine Company, addressed the Council. Council Policy K -3 on guidelines for preparation and evaluation of environmental impact reports, entitled "Implementation of the California Environmental Quality Act, " was approved; fixing fees at $50. 00 for the review and processing of Negative Declaratio . and at $100.00 for the review and processing of Environmental Impact Reports; and the staff was directed to add the Policy to the Council Policy Manual. CURRENT BUSINESS: 1. A report was presented from the Land Development Responsibilities Committee regarding revision to Council Policy F -9, "Financing Capital Improvements on Undeveloped Land Within the City." Larry Moore, General Planning Administrator for The Irvine Company, addressed the Council. The revisions to Policy F -9 were approved, as recommended by the Land Development Responsibili- ties Committee; and the staff was directed to include the revisions in the Council Policy Manual. 2. A report was presented from the City Manager regarding the Unified Orange County- Cities Disaster Organization representative. Mayor McInnis' appointment of the City Manager or his designee as the City representative and Council- man Ryckoff as the alternate to the Unified Orange County - Cities Disaster Organization was confirmed. 3. A letter to Mayor McInnis from Thomas R. Malcolm, Attorney, regarding renewal of the Lido Isle Com- munity Association's lease for an additional twenty - five years, was presented. Volume 27 - Page 67 INDEX EIR Council Policy Capital Impr/ Undeveloped Land Office of Emerg Services Lido Isle Comm Assn ROL L F � M Ay Ab COUNCILMEN \tP4F; Pm Z„ Q � NQ MINUTES CALL *� vN v v� y ym March 26, 1973 INDEX on x x M Mayor McInnis appointed the City Manager and Mayor L Lido Isle x x x x x x x x x P Pro Tem Howard Rogers as a committee to meet L Lease COUNCILMEN Pn fL p 3 (+ 0 a 10 ?s fi'�n 2290 ma O :OLL CAI MINUTES INDEX Resolution No. 7956 amending Resolutions Nos. 7218 26th St and 7938 to effect certain changes in parking regu- Prkg Lot lations at the 26th Street parking lot. (A report from R -7956 the Public Works Director was presented. ) Resolution No. 7957 amending Resolution No. 6802 to Parking add certain locations within the City to designated Meters parking meter enforcement areas. R 77957 2. The following communications were referred as in- dicated: Referred to Planning Commission for inclusion in CdM study, letter from Mrs. A. L. Burdick protesting Density the proposed down - zoning of Corona del Mar property. Referred to staff for reply, letter from Leon H. Glaser, M.D., requesting rezoning of his property at 1915 Balboa Boulevard. Referred to Parks, Beaches and Recreation Com- City mission, letter from Newport Beach Garden Club Tree asking that the Coral Tree be adopted as the offical tree for Newport Beach, and the City Clerk's reply. Referred to staff for reply, letter from Charles Smoot Grand to Mayor McInnis regarding proposed dredging of Canal Grand Canal. Dredging Referred to Planning Commission for review at next OrCo joint meeting of the City Council and the Planning Growth Commission, letter from Orange County Planning Policy Commission regarding its Growth Policy Report and asking that public hearings be held to get input from the public and that they be notified of the findings by July 1, 1973. Referred to Planning Commission for review, copy OrCo of letter to Orange County Planning Department from Noise Orange County Health Officer enclosing a draft Control Environmental Impact Statement regarding proposed Ord Orange County noise control ordinance. Referred to staff for reply, letter from R. L. Slater BI Zoxiirip___ regarding rezoning on Balboa Island. Referred to Transportation Plan Citizens Committee Upper Bay for inclusion in study, letters from David Christian- Bridges' son and Mrs. Pat Reeser regarding proposed bridges . across Upper Newport Bay. Referred to Parks, Beaches and Recreation Com- Upper mission to be included with previous petition, letter Newport from Mrs. H. S. Babb submitting 461 additional Bay signatures to the petition presented to Council on March 12. Volume 27 - Page 69 ROLL CAL u • COUNCILMEN pn fL AO 3 n 00 N f0 3 � 2Zp0 Nd O March 26. 1973 MINUTES INDEX Referred to Transportation Plan Citizens Committee Coast Hwy/ for inclusion in study, letter from the Parent Faculty 5th Ave Organization Board on behalf of the Board of Directors of the Harbor View Elementary School Parent Faculty Organization of Corona del Mar opposing any use of 5th Avenue as a possible alignment for the relocation of the Coast Highway. Referred to Pending Legislation Committee, letter Busing from Assemblyman Wakefield regarding AJR No. 1 and SJR 12 concerning prohibition of forced busing and requesting the City Council to support the bills. 3. The following communications were referred to the City Clerk for filing and inclusion in the records: Letter from Judge Robert Gardner regarding removal Little of the dam and the paving of the grade road at Little Corona Corona Beach. Beach Letters from Mr. and Mrs. Gary B. Lovell, Mr. and General Mrs. Frank L. Spangler and Larry R. Butler sup- Plan porting proposed General Plan zone changes now under consideration. Copy of letter of John R. Mordoff to Planning Com- mission opposing the down- zoning of his property at 1816 West Ocean Front. Letters from Russ Symes and from Woman's Civic Or Co League of Newport Harbor commending Council on Airport their action against jets out of Orange County Airport. Letter to Mayor McInnis from State Department of OrCo Aeronautics assuring him that a public hearing Airport regarding noise standards will be held if a variance is required by Orange County Airport, and letters from'the Newport Harbor Chamber of Commerce to the State Department of Aeronautics and to the Orange County Airport Commission concerning public hearings. Letters opposing the proposed "Water - World's develop Dunes ment at the Dunes from Ms. Lee Humphrey, Beverley McGowan, D. Y. Hecht, Fred R. Salter, Violet Noranbrock, Basil G. Witt, Ruth Haskell, Stephen H. Fitch, and Fern Zimmerman. Letter from Thelma A. Peoples suggesting Council Taxicab action regarding taxicab driver's permit of Richard Driver's Peterson. Permit Copy of a letter to Planning Commission from Warren I. Henningsgard objecting to duplex being constructed at corner of Seashore and Sonora. Volume 27 - Page 70 ROLL CAL • • • COUNCILMEN pn'i403\01c"rop1pV \0_0�, 'Fp3C,4�2L T 9 pa MINUTES INDEX Letter from Ronald W. Caspers attaching list of Revenue approved Revenue Sharing projects passed by Board Sharing of Supervisors. Copy of resolution of Board of Supervisors granting OrCo request of Hughes Airwest to be relieved from pre- Airport paration of Environmental Impact Study on the con- dition that the Company contribute money to the cost of the Environmental Impact Study which will be prepared for the entire Airport operation, and that the Company be notified that continued violations of the existing curfew, smoke standards, or noise abatement procedures will result in discontinuance of negotiations to extend the lease at the Airport. Memorandum from Supervisor Ralph B. Clark attaching a revised page two of the Santa Ana River Joint Powers Agreement. League of California Cities Legislative Bulletin dated February 22, 1973. Resolution of Newport -Mesa Unified School District Flood urging support in requesting Congress to appropriate Control sufficient funds to expedite the completion of the Santa Ana River flood control study. Letter from California Water Resources Association enclosing its Newsletter editorial regarding water shortages. Letter from State Controller showing the estimated shared revenue to be apportioned to Newport Beach during the 1973 -74 fiscal year, based on population of 55, 950, as follows: $456, 208 from Motor Vehicle License Fees ( "In- Lieu "); $275, 856 from Highway Users Tax #2106; $258, 976 from #2107; and $7, 500 from #2107. 5. Copy of Opinion in connection with Application of Continental Trailways, Inc. et al before the Public Utilities Commission to increase passenger fares and express charges. Agenda of Board of Supervisors meetings held March 13, 14, 20 and 21, 1973. 4. The following claims were denied, and the City Claims Clerk's referral of the claims to the insurance carrier was confirmed: Claim of Mayor Pro Tem Rogers for damages to his Rogers automobile on January 18, 1973 at Irvine Avenue and e Volume 27 - Page 77 ROL COUNCILMEN Pn '!J pp 3 0 � w CALL T mpN w ( -P 9m March 26. 1973 MINUTES INDEX Santa Isabel in Newport Beach, allegedly occurring • when his car struck a hole in the road with no warning signs or lights. Claim of Marion S. Tholin for injuries allegedly re= Tholin ceived when she tripped over a piece of wood pro- truding from sunken flagpole holder in sidewalk at 2647 East Coast Highway, Corona del Mar, on January 2, 1973. Claim of Robert Schneider for damages to his car Schneider when it was impounded, allegedly due to an error on the part of the Newport Beach Police Department. 5. The following request to fill personnel vacancy was approved: (A report from the City Manager was presented) One Police Officer in the Police Department to fill a position now vacant. 6. The following staff report was received and ordered filed: Report from the City Attorney entitled "Legislation Legis • Affecting Cities. " Affecting Cities 8. A public hearing was set for April 9, 1973 regarding General Residential Growth Element of the Newport Beach Plan General Plan. (A report from the Community Develop ment Department was presented. ) 9. The public improvements constructed in conjunction Tract 7530 with Tract No. 7530, located on the southerly side of West Coast Highway and easterly of its intersection with Balboa Boulevard and Superior Avenue, were accepted; the City Clerk was authorized to release Faithful Performance Bond No. 305229, 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.) 10. The 1973 -74 Preliminary Budget was received as 1973 -74 submitted by the City Manager. Budget 11. The following Budget Amendments were approved: BA -60, $970. 08 transfer of Budget Appropriations for • assessment for Intergovernmental Coordinating Council of Orange County for the period January 1 - July 1, 1973, from Unappropriated Contingency Reserve to Nondepartmental- Publication and Dues, General Fund. Volume 27 - Page 72 COUNCILMEN pn 00 n �' p \CO C p OLL CALL F%�0' _ 1ro • • Motion Aye s Absent Motion Ayes Noes Absent Motion Ayes Noes Absent 'ton Aye s Absent March 26, 1973 MINUTES BA -61, $213, 924. 36 transfer for loan repayment by Capital Improvement Fund to General Fund for monies advanced to reconstruct Balboa Pier Parking Lot. BA -62, $4, 000 increase in Budget Appropriations and in Revenue Estimates for swimming instruction pro- gram for the Newport -Mesa School District; $4, 000 to be contributed by the Unified School District; from Unappropriated Surplus, Park and Recreation Fund to Parks, Beaches & Recreation -Self Supporting - Seasonal- Part -time and to Recreation Service Fees, Park and Recreation Fund. (A report from the Parks, Beaches and Recreation Director was presented.) BA -63, $8, 100 transfer of Budget Appropriations for payment of salaries for two additional Building Inspectors and the Administrative Assistant (PEP) for hours worked over 25, and overtime for currently employed Building Inspectors; $2, 500 from Prepare Shoreline Study and $5, 600 from Prepare Community Design Studies, General Fund to $7, 100 for Com- munity Development - Seasonal Part -time and $1, 000 for Community Development- Overtime, General Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: INDEX 1. A letter addressed to the City Attorney from the Promontory Orange County Harbors, Beaches & Parks District Bay regarding Promontory Bay Project was referred back to the Joint Harbor Committee. 2. Harbor Permit Application No. 116 -720 of the New- Harbor port Harbor Yacht Club to replace one 6' x 105' finger Permit float with a 14' x 105' finger float and to relocate one 4' x 45' finger float was presented. Npt Harbor Yacht Club Councilman Ryckoff made a motion to refer the appli- cation back to the Joint Harbor Committee, which motion failed. Harbor Permit Application No. 116 -720 of the New- port Harbor Yacht Club,was approved, subject to the prior approval of the U. S. Corps of Engineers. 3. The traffic questionnaire submitted by Corona del Mar Chamber of Commerce to merchants on East Coast Highway in Corona del Mar with resume of answers was referred to the Transportation Plan Citizens Committee for inclusion in study, and the staff was directed to get the comments from the Chamber of Commerce which were returned with the questionnaires, Volume 27 - Page 73 Coast Hwy f:T�l�lT>IlL M A A IV A A I� I\ F COUNCILMEN CITY OF NEWPORT BEACH MINUTES A0 A0 3 � f' 3 ZAO" O Marrh 26. 1973 INDEX 4. Proposed Ordinance No. 1495, being, Police AN ORDINANCE OF THE CITY OF NEWPORT Dept 0 -1495 BEACH AMENDING SECTION 2. 12. 110 OF THE NEWPORT BEACH MUNICIPAL CODE PER- TAINING TO THE FUNCTIONS OF THE POLICE DEPARTMENT, in conformance with the Police Department's current role in the community, was presented with a report from the Police Chief. otion x Ordinance No. 1495, as amended, was introduced and Tea K x x x x passed to second reading on April 9, 1973. isent x x 5. A copy of a resolution of the Board of Supervisors Alcoholic regarding hearing on April. 18 on the question regard- Beverages ing modification of Orange County ordinances relating on Beaches to alcoholic beverages in county- regulated recre- ational areas was presented. otion x The staff was directed to report back on April 9 yes x x x x x regarding beaches in the City that would be affected. bsent x x 6. A letter was presented from Supervisor Caspers Alcoholic enclosing a proposal before the Board of Supervisors Beverages relative to permitting the consumption of alcoholic on Beaches beverages in County park and beach facilities and asking for an opinion by the City. otion x The staff was directed to reply to Supervisor Caspers yes x x x x x that the City Council opposes the Board of Super - bsent x x visors' ordinance which would allow consumption of alcoholic beverages on County beaches. 7. At the request of Suzanne Rudd, a proposed ordinance, Com'l/ being, Residential Uses AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 20.22. 020, 20.22.050, 20.24.030, 20.24.060, 20.26.040 AND 20. 26.070 OF THE NEWPORT BEACH MUNICIPAL CODE ELIMINATING RESIDENTIAL USES AS A PERMITTED USE IN THE C -1, C -2 AND C -O DISTRICTS, Lotion x Planning Commission Amendment No. 360, was .yes x x x x x tabled. (A report from the Community Development . bsent x x Department was presented.) . Mayor McInnis adjourned the meeting at 9:30 P.M: Mayor ATTEST: Volume 27 - Page 74