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Home My WebLink About02/11/1974 - Regular MeetingROLL CALL Present Absent Motion Ayes Absent Motion Ayes Absent i Motion Ayes Absent Motion Ayes * nt COUNCILMEN CITY OF NEWPORT BEACH MINUTES REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: February 11, 1974 The Newport Beach Historical Society's presentation of "NEWPORT BAY - A Pioneer History" to Mayor McInnis was made by the author, Ellen K. Lee. Roll Call. The reading of the Minutes of the Regular Meeting of January 28, 1974 was waived, and said Minutes were approved as written and ordered filed. The reading in full of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. HEARINGS: INDEX 1. Mayor McInnis opened the public hearing regarding General adoption of the Housing Element of the Newport Beach Plan/ General Plan; and acceptance of Environmental Impact Housing Report EIR /NB 73 -042. A report was presented from the Community Develop- ment Department. Letters were presented from Mary MacRae Bercovitz and from Dr. and Mrs. Howard S. Babb opposing portions of'the proposed Housing Element of the General Plan The following people addressed the Council: Valerie Murley opposing the proposed Housing Element; Judy Swayne, President of the League of Women Voters of Orange Coast, Mrs. Howard Babb, Knowlton Fernald, Chairman of the Board of Commissioners and DudleyI. Winterhalder, Executive Director of Orange County Housing Authority and Joan Petty a s k i n g t h e City to provide for low cost housing in the Element and urging the City to join the Orange County Housing Authority; Tom Nixon opposing the Housing Authority; and James Phillips, UCI Associate Dean for Student Housing, stating there was a need for low cost housing for students. Mr. Fernald was granted five additional minutes for his presentation. The hearing was closed. Volume 28 - Page 39 COUNCILMEN 9� \(V \�\OJCV'% \0D �0 ROLL CALL CITY OF NEWPORT BEACH Ff.hruary 1 1 1 Q74 MINUTES Motion x The Environmental Impact Report EIR /NB 73 -042 s x x x x x x was accepted; and Resolution No. 8191, adopting the ent x Housing Element of the General Plan, was adopted. Motion x The staff was directed to report at the February 25 Ayes x x x x x x Study Session on the pros and cons of joining the Absent x Orange County Housing Authority. 2. Mayor McInnis opened the public hearing regarding Ordinance No. 1554, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 20. 09.035 TO THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "HEIGHT LIMITS IN PLANNED COMMUNITY DISTRICTS, " Planning Commission Amendment No. 424, con- forming zoning to the General Plan by changing the Height Limitation Zone in the Upper Newport Bay Planned Community (property adjacent to the north- westerly portion of Upper Newport Bay) from the 32/50 Foot to the 24/28 Foot Height Limitation Zone. A report was presented from the Community Develop • ment Department. Mrs. Howard Babb briefly addressed the Council. Motion x The hearing was closed after it was determined no Ayes x x x x x x one else desired to be heard. Absent x Motion x Ordinance No. 1554 was adopted. Ayes xxxx xx Absent x 3. Mayor McInnis opened the public hearing regarding Ordinance No. 1555, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDINC DISTRICTING MAP NO. 21, Planning Commission Amendment No. 425, con- forming zoning to the General Plan by rezoning pro- perty located northerly of West Coast Highway, and easterly of the southerly prolongation of Irvine Avenu on Mariner's Mile from the Unclassified District to the C -1 -H District. • A report was presented from the Community Develop ment Director. Volume 28 - Page 40 INDEX R -8191 PC Dist Dist Map 21 COUNCILMEN a jO; F i0 .� O ROLL CALL %v s < < F F, L M A A M A A M 4 N A A CITY OF NEWPORT BEACH A`ol.vn o v.. 1 1 107A MINUTES INDEX I C -R Dist Residen- tial Developmt Standards Eustace Rojas asked for and was given a definition of ' the C -1 -H District. otion x The hearing was closed after it was determined that yes x x x x x x no one else desired to be heard. bsent x otion x Ordinance No. 1555 was adopted. yes x x x x x bsent x 4. Mayor McInnis opened the public hearing regarding Ordinance No. 1556, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20. 21. 030 OF THE NEWPORT BEACH MUNICIPAL CODE PER- TAINING TO SIGNS IN THE COMMERCIAL - RESIDENTIAL DISTRICT, Planning Commission Amendment No. 426. A report was presented from the Community Develop- ment Department. otion x The hearing was closed after it was determined that Ps x x x x x x no one desired to be heard. sent x . otion x Ordinance No. 1556 was adopted. yes xxxx xx bsent x ORDINANCES FOR SECOND READING AND ADOPTION: 1. Amended Ordinance No. 1540, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAT TER 20. 07 TO TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "RESIDENTIAL DEVELOPMENT STANDARDS, " AND AMENDING SECTIONS 20.12.010, 20.12.030, 20.14.010, 20.14.030, 20. 16. 010, 20. 16. 050, 20. 18. 010 AND 20. 18. 050 was presented for second reading. A report was presented from the Community Develop- ment Department. The following people addressed the Council in support of the Residential Development Standards: Margot Volume 28 - Page 41 INDEX I C -R Dist Residen- tial Developmt Standards ROLL CALL Motion Ayes Absent Motion Ayes Absent Motion Ayes Absent Motion • Motion Ayes Noes Absent Ayes Noes Absent Motion Ayes Absent • [11111m,1KNuLC>• CITY OF NEWPORT BEACH February 11, 1974 MINUTES Skilling, Ellis Glazier, Layton Stanton, Dottie Hutchison, Douglas Lynn as President of the Penin- sula Point Association and Harry Kamph. The following people addressed the Council in opposition to the Residential Development Standards: Goldie Joseph, Gil Ferguson and C. R. Cozad. Jeff Shotwell addressed the Council regarding a New- port Harbor High School student questionnaire on density. Gordon Glass and John Blaich urged the Council to delete the reference to "story ". Harry Kamph was allowed five additional minutes for his presentation. Mr. Ferguson was granted two additional minutes for his presentation. The hearing was closed. Mayor Pro Tern Rogers made a motion to amend Ordinance No. 1540 by deleting the reference to "story" and to pass to second reading on February 25, 1974. Councilman Kymla made a substitute motion that the restriction on the number of stories be deleted in R -1 Districts, and the restriction on the number of stories in the R -2 District be amended so that structures on lots with a buildable area of more than 1700 square feet could not contain more than two stories, which motion failed to carry. A vote was taken on Mayor Pro Tern Rogers' motion, which motion carried. The staff was directed to come back at the Febru- ary 25 Study Session with a new definition of "story" which would be applicable city -wide. CONTINUED BUSINESS: 1. A report was presented from the City Attorney re- garding the Governmental Conflict of Interests Act. Councilman Dostal made a motion to amend Reso- lution No. 8192 adopting guidelines for implementation Volume 28 - Page 42 INDEX Conflict of Interest COUNCILMEN OS Z O A O ROLL CALL r w N v� m February 11. 1974 MINUTES INDEX 7t R -8192 .d �s L Energy Conser- vation Curb Cut/ 604 Begonia of the Moscone Governmental Conflict of Interests and Disclosure Act, by deleting items F, H and J. Motion x Councilman Kymla made a substitute motion to ado: Ayes xxxx x x Resolution No. 8192, adopting guidelines for imple Absent x mentation of the Moscone Governmental Conflict of Interest and Disclosures Act; and to determine by separate motions the positions to be included in the list of designated officials, other than those requir, by the Moscone bill, for inclusion in the resolution which motion carried. Motion x The Assistant Community Development Director wz Ayes x x x x x deleted from the list of designated officials. Noes x Absent x Motion x The Parks, Beaches and Recreation Commissioner Ayes xxxx x x were deleted from the list of designated officials. Absent x Motion x The City Attorney was included in the list of desig- Ayes xxxx x x nated officials. Absent x Motion x The City Clerk was deleted from the list of desig- x x x x x x nated officials. ent x Motion x All department heads were included in the list of Ayes x x x x x designated officials. Noes x Absent x Motion x Staff Planners, the Purchasing Agent and the City Ayes xxxx x x Engineer were deleted from the list of designated Absent x officials. 2. A report was presented from the Public Works Director regarding status of street lighting energy conservation programs. Motion x The staff was directed to apply the methods and Ayes xxxx x x criteria recommended by the Public Works Depart - Absent x ment, and to review all new street lighting plans fo energy saving designs and concepts. 3. A report was presented from the Public Works Department regarding the application of Mark Billie to construct a curb cut at 604 Begonia Avenue, Corona del Mar. Volume 28 - Page 43 INDEX 7t R -8192 .d �s L Energy Conser- vation Curb Cut/ 604 Begonia COUNCILMEN P��L o� 03 ma o 0 ROLL CALL s v N a CITY OF NEWPORT BEACH February 11, 1974 MINUTES pre - ted Le e curb b cut, vlar B -2, egonia orpo- cil- �velop- ract e .ocated New Hills, eject to m- the t Fund, al rave- Board s and INDEX Cal Mayors & Council- men Corp Tract 8406 R -8193 Civil Sery Regs Alternate plans submitted by the applicant were sented. A letter was received after the agenda was prin from L. M. Darling, adjoining property owner, stating he had no objections to the curb cut. Paul Hummel addressed the Council opposing tl curb cut. Mark Billing addressed the Council. Motion x Councilman Dostal made a motion to approve tl Ayes x x cut using Alternate Plan A -1 requiring a 9' cur Noes x x x x which motion failed to carry. Absent x Motion x A curb cut at 604 Begonia Avenue, Corona del ] Ayes x x x x was approved, as submitted on applicant's 'Jar Noes x x which provided for a carport and a garage on B Absent x with an 18' curb cut. 4. A report was presented from the City Manager regarding California Mayors and Councilmen C r ati on. Motion x The matter was referred to the individual Goun X x x x x x men for appropriate action. 1-, ent x CURRENT BUSINESS: 1. A report was presented from the Community D ment Department regarding the Final Map of T 8406, subdividing 5.00 acres into one lot for th development of a forty -two unit condominium, northerly of Pacific View Drive and easterly of MacArthur Boulevard, adjacent to Harbor Viev zoned R -3 -B. Motion x The Final Map of Tract 8406 was approved, su' Ayes x x x x x x the conditions recommended by the Planning Cc Absent x mission; and Resolution No. 8193, authorizing execution of an agreement with Troy Investmen a California limited partnership, and Continent North Corporation, for the COZ18trUCtiOn of :i.mp :vents in Tract No. 8406, was adopted. 2. A report was presented from the Civil Service regarding amendments to the Civil Service Rule Regulations. i• Volume 28 -Page 44 MINUTES pre - ted Le e curb b cut, vlar B -2, egonia orpo- cil- �velop- ract e .ocated New Hills, eject to m- the t Fund, al rave- Board s and INDEX Cal Mayors & Council- men Corp Tract 8406 R -8193 Civil Sery Regs ROLL Motion s nt Motion Ayes Absent Motion Ayes Absent E Motion Ayes Noes Absent *n Noes Absent COUNCILMEN CITY OF NEWPORT BEACH February 11, 1974 MINUTES The revised Civil Service Rules and Regulations were adopted as recommended by the Civil Service Board. 3. A letter was presented from Supervisor Ronald Caspers regarding appointment of a task force to investigate the feasibility of the use of Ontario Inter- national Airport to meet the air transportation needs of Orange County. Mayor McInnis was appointed as the City of Newport Beach's representative on subject task force; and the City Clerk was directed to notify Supervisor Caspers of said appointment before February 22. 4. A letter from Tully Seymour, attorney representing George C. Vane and R. G. Wilkenson, was presented requesting the City to purchase two beach lot strips, Blocks A and B, Newport Bay Tract, adjacent to the public beach. The matter was referred to the staff for appropriate action. 5. A letter was presented from William Tassio appealing the Public Works Department's denial of his appli- cation to maintain an existing curb cut at 122 47th Street for the purpose of remodeling. A report was presented from the Public Works Department. Bill Tassio addressed the Council. The decision of the Public Works Department was overruled, and the existing curb cut at 122 47th Street was allowed to remain as requested. 6. A letter was presented from Rolly Pulaski & Associ- ates requesting modification of the off -site parking agreement to increase the number of parking spaces for the Balboa Inn. A report was presented from the City Manager. Tom Linden, co -owner of the property, addressed the Council. It was determined that the proposed use of Balboa Inn constituted an existing use; and Resolution No. 8194, Volume 28 - Page 45 INDEX OrCo Regional Airport Ocean Front Property Acquisition Curb Cut/ 122 47th Balboa Inn R-8194 COUNCILMEN 0� OS Can 2 O NA O R0LI. CAI I T v N a f y� m CITY OF NEWPORT BEACH , 11 107A MINUTES INDEX Cannery Village One -way Strs R -8195 Trans- portation Plan General Plan OrCo Health Ping Council Pres Nixon' s Property Appraisal Police & Firemen authorizing execution of an amendment to the off - site parking agreement between the City of Newport Beach and Rolly Pulaski & Associated, Inc. for • Balboa Inn, was adopted. CONSENT CALENDAR: Motion x The following items were approved by one motion affirming Ayes x x x x x x the actions on the Consent Calendar: Absent x 1. The following resolution was adopted: Resolution No. 8195 designating one -way streets in Cannery Village (portions of 30th and 31st Street). (A report from the Public Works Director was presented) 2. The following communications were referred as indicated: Referred to staff for inclusion in Transportation Plan study, letters from Spencer Crump and Irvine Terrace Community Association favoring a bypass of the Corona del Mar segment of Coast Highway. • Referred to the Planning Commission for inclusion in study on General Plan, letter from Eastbluff Home- owners Community Association opposing the draft Circulation Element of the General Plan. Referred to the Pending Legislation Committee, reso- lution of the City of San Juan Capistrano recognizing action of the Orange County Health Planning Council relating to Resolution No. 73- 11 -26 -3. Referred to Pending Legislation Committee, resolution of the City of San Clemente'expressing dissatisfaction and disapproval and voicing opposition to certain action as taken by the Orange County Board of Super- visors requesting State Board of Equalization to con- duct a special appraisal reevaluation for property taxation valuation purposes of the President Richard Nixon residence and parcel in the City of San Clemente Referred to Pending Legislation Committee, reso- lution of the City of Seal Beach opposing Assembly Constitutional Amendment 67 (which would amend the house rule provisions of the California Constitution to take away from local government and give to the Legislature ultimate authority to provide procedures for hiring, promotion, discipline and dismissal of policemen and firemen in charter and general law cities). Volume 28 - Page 46 INDEX Cannery Village One -way Strs R -8195 Trans- portation Plan General Plan OrCo Health Ping Council Pres Nixon' s Property Appraisal Police & Firemen ROLL CALL • • • COUNCILMEN CITY OF NEWPORT BEACH 11, 1974 MINUTES Referred to Pending Legislation Committee, reso- lution of the City of Yorba Linda supporting a com- prehensive regional transportation study and plan for Orange County and its surrounding area. 3. The following communications were referred to the City Clerk for filing and inclusion in the records: Letter from Assessment & Treatment Services Center expressing appreciation for the attention given their presentation on January 28. Letter addressed to Mayor McInnis from Daniel S. Connelly protesting the parking standards in the new building standards discussed on January 28. League of California Cities Legislative Bulletin dated February 1, 1974. Copy of letter to Coastal Zone Conservation Com- mission from Mrs. Howard S. Babb appealing a dredging permit in Newport Harbor. Copy of letter to the Daily Pilot from Gary B. Lovell in connection with the impoundment of animals. Letter from Orange County Sanitation Districts re- garding advanced wastewater treatment at Plant No. 2. Letter from Local Agency Formation Commission regarding procedures to be taken by the Commission on hearings involving spheres of influence for cities and special districts. Resolution of the Board of Supervisors reaffirming its position of supporting the expeditious completion of the Corona del Mar Freeway. Resolution of the City of Yorba Linda supporting the improvements and orderly growth of the Ontario International Airport. Excerpt from Minutes of Board of Supervisors meeti3 of January 29 in connection with appointment of study task force regarding the feasibility of using Ontario International Airport. Excerpt from Minutes of Board of Supervisors meetinj of January 29 showing resolution of City of Newport Beach approving the proposed priority list of projects Volume 28 - Page 47 Regional Trans- portation Plan Residen- tial Developmt Standards Animal Impoundmt Water Quality Control LAFCO CdM Fwy OrCo Regional Airport OrCo Regional Airport St Park Beach Priorities COUNCILMEN 9n FL p3 n N S R 0 L L CAL L 3 O Z O Na O a v�N ➢� E 4 February 11. 1974 MINUTES INDEX .saster cocla- mation . saster/ A Bch �n Onofre ac Tel Co irectory nergy onser- vation laims yle aBarthe to be funded by proceeds from statewide election on bond for parks and historical facilities was received and ordered filed. Excerpt from Minutes of Board of Supervisors meeting D: of January 22 showing City of Newport Beach procla- P: mation of existence of a local emergency was received and ordered filed. Excerpt from Minutes of Board of Supervisors meeting D: of January 22 showing report regarding beach front N, assistance to City of Newport Beach from Orange County Flood Control District was received and ordered filed. Resolution of the City of Seal Beach urging the Coastal S2 Zone Commission to grant the request of Southern California Edison Company for further development of the San Onofre nuclear generating station. Notice of Western Union Telegraph Company appli- cation before the Public Utilities Commission to increase rates. Order of Dismissal of application of Pacific Telephone P Company before Public Utilities Commission to split D IOrange County telephone directory. Order on Public Utilities Commission's investigation E into the adequacy and reliability of the energy and fuel C requirements and supply of the electric public utilities in the State of California. California Water Resources Association Newsletter. Agenda of Board of Supervisors meetings of Janu- ary 29, 30, February 5 and 6, 1974. Agenda for Orange County Airport Land Use Com- mission meeting of February 7, 1974. 4. The following claims were denied, and the City C Clerk's referral to the insurance carrier was con- firmed: Summons and Complaint for Damages for Personal P Injury of Marilee Pyle, Case No. 210482 in Orange County Superior Court. Claim of Eileene LaBarthe for trash container L allegedly picked up in error from behind her house at ' 228 Goldenrod on January 24, 1974. Volume 28 - Page 48 INDEX .saster cocla- mation . saster/ A Bch �n Onofre ac Tel Co irectory nergy onser- vation laims yle aBarthe COUNCILMEN \�\VrP 0 9ROLL CALL pa a v m CITY OF NEWPORT BEACH F`ahrnnry 1 1 1 Q74 MINUTES INDEX ard- a i State 2h Prk ib 274 ib 311 Summons and Complaint (Property Damage) of Robert Rich • A. Richardson, Case No. 18816 in Municipal Court, so: Harbor Judicial District. Claim of Juan Carlos Gallo for personal injuries allegedly sustained in connection with his arrest on December 9, 1973. 5. The following request to fill personnel vacancies was approved: (A report from the City Manager was pre- sented) One Park Superintendent in the Parks, Beaches and Recreation Department to fill a position now vacant. One Pump Operator in the Public Works Department to fill a position now vacant. One Tree Trimmer I in the Parks, Beaches and Recreation Department to fill a position now vacant. One Police Clerk I in the Police Department to fill a position now vacant. One Library Clerk I in the Library Department to fill • a position now vacant. One Police Officer in the Police Department to fill a position now vacant. One Refuse Crewman in the General Services Depart- ment to fill a position now vacant. 6. The following staff report was received and ordered filed: A report from the Marine Safety Director regarding Cdly ticket booth at the Corona del Mar State Beach Park. Bea 7. The public improvements constructed in conjunction Resi with Resubdivision No. 274, located southwesterly corner of Ocean Boulevard and Carnation Avenue in Corona del Mar, were accepted; the City Clerk was authorized to release the Faithful Performance Bond and to release the Labor and Materials Bond in six months provided that no claims have been filed. (A report from the Public Works Director was presented.) 8. The public improvements constructed in conjunction Res' with Resubdivision No. 311, located along the north- westerly side of New MacArthur Boulevard and north- easterly of San Joaquin Hills Road, were accepted; Volume 28 - Page 49 ard- a i State 2h Prk ib 274 ib 311 COUNCILMEN 9n % o n 00 N P 0 p 3 C,c. 2 0 i, O ROLL CALL s v N N( 9( F CITY OF NEWPORT BEACH February 11. 1974 MINUTES INDEX se Letter of Eul perfor- IC -5901 x months A report anted.) dscaping at Irrigation ° i, was Land- ed to file a scaping/ Inds 35 days San Joaquin .ed. (A Hills Park s presented.) 1582, in L develop - Parks, aented.) Lido Park Land- scaping I Canal Grand City Clerk Canal received at Dredging port from roved: priations anc additional �mboree d Contin- 'acility, m the Public )resented.) ENDAR: Police CARDS which will ption and cation for a R -8196 n and Dis- of Newport Or Co my Health Health member, Ping Council I and the City Clerk was authorized to rele< • Credit No. IC -5900 as the surety for faith mance, and to release Letter of Credit N( as the surety for labor and materials in s. provided that no claims have been filed. from the Public Works Director was pres 9. Construction of Irrigation System and Lan San Joaquin Hills Park, Contract No. 155 accepted, and the City Clerk was authoriz Notice of Completion and to release the b( after the Notice of Completion has been fi report from the Public Works Director w: 10. The Lido Park Landscaping, Contract No. conjunction with the adjacent condominiun ment, was accepted. (A report from the Beaches and Recreation Director was pre 11. The plans and specifications for the Gran( Dredging, C -1499, were approved; and th was authorized to advertise for bids to be 10 :00 A. M. on February 28, 1974. (A re the Public Works Director was attached) 12. The following Budget Amendment was app • BA -41, $25, 000 increase in Budget Apprc a decrease in Unappropriated Surplus for funds required for Change Order No. 4 -J; Road Police Facility, from Unappropriate gency Reserve to Jamboree Road Police l Capital Improvement Fund. (A report frc Works Director to the City Manager was ITEMS REMOVED FROM THE CONSENT CAI 1. A report was presented from the Chief of regarding a Federal LEAAGrant request fund a proposed computerized alarm rece dispatch system (CARDS). Motion x Resolution No. 8196, authorizing an appli Ayes x x x x x x Grant for a Computerized, Alarm Recepti( Absent x patch System (CARDS), was adopted. ADDITIONAL BUSINESS: on x 1. Harry G. Bubb was appointed as the City x x x x x x Beach's representative to the Orange Cou Absent x Planning Council to replace the City staff Rod Gunn. Volume 28 - Page 50 MINUTES INDEX se Letter of Eul perfor- IC -5901 x months A report anted.) dscaping at Irrigation ° i, was Land- ed to file a scaping/ Inds 35 days San Joaquin .ed. (A Hills Park s presented.) 1582, in L develop - Parks, aented.) Lido Park Land- scaping I Canal Grand City Clerk Canal received at Dredging port from roved: priations anc additional �mboree d Contin- 'acility, m the Public )resented.) ENDAR: Police CARDS which will ption and cation for a R -8196 n and Dis- of Newport Or Co my Health Health member, Ping Council COUNCILMEN pa �`o ROLL CALL p�� C' o N T v N v� v� February 11.1974 MINUTES Motion x Z. The Transportation Element of the General Plan was Ge Sent x x x x x x set for public hearing at 7 :30 P. M. on February 28, P1 x 1974. Motion x 3. City Council Policy Statement F -1, "Deposit, With- Pc Ayes x x x x x x drawal and Investment of Funds, " was amended as St: Absent x recommended by staff. 4. Mayor Pro Tem Rogers' appointment of Marilyn Bi Motion x Hendrickson as an alternate member on the Bicycle Ti Ayes x x x x x x Trails Citizens Advisory Committee to replace Mary Ci Absent x Hanley was confirmed. Ac Motion x The meeting was adjourned at 10:55 P.M. Ayes x x x x x Absent x Mayor ATTEST: • City C erd • Volume 28 - Page 51 INDEX :neral [an )licy Aement cycle -ails tizens lv Cmte