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Home My WebLink About05/28/1974 - Regular MeetingCOUNCILMEN \o�.��000'�' \i��T �No CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. MINUTES TOLL CALL �,\;� \;psy Ap`n\ Date: May 28, 1974 INDEX Present x x x x x x Roll Call. *nt x The reading of the Minutes of the Adjourned Meeting of Motion x May 13 held at 1:30 P. M. and of the Regular Meeting of Ayes x x x x x x May 13, 1974 was waived, and said Minutes were Absent x approved as written and ordered filed. Motion x The reading in full of all ordinances and resolutions under Ayes xxxxxx consideration was waived, and the City Clerk was directed Absent x to read by titles only. HEARINGS: 1. Mayor McInnis opened the public hearing regarding Scholz the appeal of Donald J. Scholz & Company of Cali- Appeal fornia from the decision of the Planning Commission approving Use Permit No. 1718, request of Mariners Savings and Loan Association to construct a three story medical office building that exceeds the basic height limit within the 32/50 Foot Height Limitation District, Parcels 1 and 3 of Parcel Map 59 -20 (Resubdivision No. 408), located at 320 Superior Avenue, across Hospital Road from Versailles-on- the-Bluffs, zoned A -P, Unclassified. The appeal application and a letter from Donald J. Scholz & Company stating reasons for appeal were presented. A letter from Donald J. Scholz & Company asking permission to withdraw their appeal was presented. Motion x The hearing was closed after it was determined that Ayes x x x x x x no one desired to be heard. Absent x Motion x The applicant's request for withdrawal of the appeal Ayes xxxxxx was approved. Absent x 2. Mayor McInnis opened the public hearing in con- Dist nection with Ordinance No. 1562, being, Map 4 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICTING MAP NO. 4, Planning Commission Amendment No. 431, rezoning • property located at 212 Riverside Avenue, on the I Volume 28 - Page 128 COUNCILMEN ApmNo ROLL CALL mss"^ '�y2 apF� May 28, 1974 southeasterly'side of Riverside Avenue norther Avon Street, adjacent to Newport Heights, fror R -1 District to the C -1 -H District. A report was presented from the Community D ment Department. Thomas Grogg, applicant, addressed the Coun May Christensen addressed the Council and opi any future rezoning of R -1 property in that are No one else desired to be heard. Motion i i x The hearing was closed. Ayes x x x x x Absent x I Motion x i j Ordinance No. 1562 was adopted. Ayes xxxxxx Absent x CONTINUED BUSINESS: 1. A letter from the League of Women Voters of _ • Coast requesting Council's support of Proposit which would allow Gas Tax Funds to be used fc construction of mass transit systems, was pre i A report was presented from the Public Worke i Director. Linda Scheck, representing the League of Won Voters of Orange Coast, addressed the Counci urged endorsement of Proposition 5. Motion x The Council went on record in support of Prop Ayes xxxxxx sition 5. Absent x Motion x 2. Resolution No. 8255, endorsing Proposition 01 Ayes xxxxxx $250 million parks and recreation bond issue c Absent x June 4th statewide ballot, wads adopted. 3. A letter was presented from the Orange Count tation Districts regarding the City of Newport . representation on the Districts' Boards. Motion x The following appointments were confirmed: xxxxxx •des sent x Mayor McInnis, by virtue of his office, is member of each of the Boards of Sanitatic Volume 28 - Page 129 MINUTES ly of i an - velop- ;il. >osed a. )range ion 5, r sented, Len L and ._ Le, the n the r Sani- 3each'E a n INDEX Prop 5 Prop 1 R -8255 O rCo Sanitation Districts m COUNCILMEN MINUTES LL CALL \N< asy �� May 28, 1974 INDEX i Districts Nos. 5, 6 and 7; Councilman Rogers • as the City's additional member in District 5 and Councilman Ryckoff as the alternate in District 5; Councilman Store as the alternate in District 6; Vice Mayor Dostal as the alternate in District 7; with Mayor McInnis and Council- man Rogers answering the roll in District 5, Councilman Store answering the roll in District 6 and Vice Mayor Dostal answering the roll in District 7. 4. The Mayor's reorganization of Council standing and Cmte ad hoc committees, the deletion of various com- Reorgan/ mittees and the appointment of Councilmen Store and Motion I x Kuehn as the City's representatives on the TICMAP TICMAP Ayes x x x x Committee (The Irvine Company Coastal Community Absent x Multi- Agency Planning Program), were confirmed. Motion x j 5. Resolution No. 8256, opposing Senate Bill 1930, was SB 1930/. Ayes x x x x x xl adopted; providing for State mandated changes in pub- PERS Absent x lic employees' retirement system without reimburse- R -8256 ment to local agencies. CURRENT BUSINESS: 1, A report was presented from Parks, Beaches and Use Recreation Commission regarding amendment of Priorities Council Policy I -5, "Use, Priorities and Fees for & Fees for Facilities and Equipment, " to increase the fees for Facilities use of City facilities. & Equipmt Motion x Council Policy I -5, "Use, Priorities and Fees for Ayes x xx'x x x Facilities and Equipment," was amended. Absent x 2. A report was presented from Parks, Beaches and Ocean Recreation Commission regarding proposed Council Front Policy on improvements to alleys terminating at Alley the ocean front. Improve- ment s Motion x Proposed Council Policy I -15, "Ocean Front Alley Ayes x x x x x x Improvements, " was continued to June 10. Absent I 3. A report was presented from the Public Works Bicycle Director regarding beach bicycle parking and a Trails bicycle trail on Superior Avenue. Motion x The staff was authorized to prepare an informal Ayes x x x x x x contract to construct bicycle parking facilities at the Ant x 30th, 32nd, 34th and 36th Street ends; and the staff was authorized to issue a change order to the Balboa Volume 28 - Page 130 I COUNCILMEN p pc O \ v OC�Oa�¢pN CITY OF NEWPORT BEACH MINUTES ROLL CALL ps ^ yy apF May 28, 1974 Boulevard Widening contract for the installation of a bicycle trail on the southerly and easterly side of Superior Avenue from Coast Highway to the Ver- sailles Development. It was agreed to request the Bicycle Trails Citizens Advisory Committee to study the feasibility of striping the bicycle trails. 4. A letter from Betty J. Smith requesting encroach- C1 ment permit for a curb break and driveway apron at 40 400 El Modena, Newport Beach, was presented. M4 � Betty Smith addressed the Council. Motion x I A curb cut on Beacon Street for 400 El Modena was Ayes x x x x x xl approved. Absent x CONSENT CALENDAR: Motion x The following items were approved by one motion affirm - Ayes x x x x x x ing the actions on the Consent Calendar: Absent x 1. The following ordinance was introduced and set for public hearing on June 10, 1974: Proposed Ordinance No. 1563, being, AN ORDI- Di NANCE OF THE CITY OF NEWPORT BEACH 22 REZONING PROPERTY AND AMENDING DIS- & j TRICTING MAPS NOS. 22, 22 -A AND 25, Planning O. I Commission Amendment No. 432, rezoning property I at northeasterly corner of Superior Avenue and Hospital Road, across Hospital Road from Versailles- on-the-Bluffs, from Unclassified District to the A -P District. (A report from the Community Develop- ment Department was presented. ) 2. The following resolutions were adopted: Resolution No. 8257 authorizing the execution of an N4 off -site parking agreement between the City of New- El port Beach and Newport Elks! Lodge No. 1767. (A R report from the Community Development Depart- ment was presented.) Resolution No. 8258 authorizing execution of an P: agreement between the City of Newport Beach and R Coast Community College District for the mutual use of sailboats. (A report from the Parks, Beaches and Recreation Director was ) presented. Volume 28 - Page 131 INDEX irb Cut/ 0 E1 3dena st Maps , 22 -A 25 •1563 , wport .ks Lodgr .8257 Em COUNCILMEN Apc O'� 9 O (+OC g9N > !I MINUTES DLL CALL \s' ^ f NyZ app May 28, 1974 INDEX i Resolution No. 8259 authorizing the execution of a Minibuses • Joint Powers Agreement between the City of Newport R -8259 Beach and Newport -Mesa Unified School District for the lease of four school buses to be used in the City's public transportation system. (A report from the City Manager was presented.) Resolution No. 8260 approving the agreement nego- Personnel tiated by representatives of the Newport Beach City Classi- Employees' Association and the City representatives. fication (A report from the City Manager was presented.) R -8260 3. The. following communications were referred as i indicated: Referred to Parks, Beaches and Recreation Com- West Npt mission for study and report back, letter from New- Park port Shores Community Association regarding a park for West Newport. Referred to staff for appropriate action, letter from Trans - Orange County Road Department regarding sched- portation uling Urban "D" Program projects. Plan { Referred to staff for reply, letter from Eleanor and . I Burt B. Sandiford regarding condition of bay beaches. Referred to Bicycle Trails Citizens Advisory Com- Bicycle mittee for inclusion in study, letters from Michael I. Trails Palmer and Lucia Wright regarding bicycle bridge across Coast Highway at Arches overpass. Referred to Bicycle Trails Citizens Advisory Com- Bicycle mittee for review and recommendations, report from Trails Public Works with study of bicycle lane additions to the Arches and Lido Isle Bridges prepared by Lamp - man and Associates. Referred to Pacific Coast Highway Bay Crossing Upper Bay Plan Citizens Advisory Committee, letter from Bridge Dover Shores Community Association regarding the Back Bay Bridge. I Referred to Pending Legislation Committee, reso- Tippler's lution of the City of Garden Grove urging the Legis- Tax lature to approve Assembly Bill 3924 which would authorize cities to levy a 576 "tippler's tax ". Referred to staff for inclusion in paramedic study, Paramedic letter from Director of Emergency Services, Costa • Mesa Memorial Hospital, regarding emergency medical services in the area. Volume 28 - Page 132 COUNCILMEN \caR�99�D�No MINUTES ROLL CALL N T °f i1N=y 1�\ May 28 1974 Y , INDE) Referred to Pending Legislation Committee, reso- Workm • lution of the City of Buena Park urging that legis- Comp lation be adopted providing that certain workmen's compensation benefits shall be limited to retired public employees whose injuries developed and manifested themselves during the course of their employment. 4. The following communications were referred to the City Clerk for filing and inclusion in the records: Letters from Everett Gust, Jr and W. M. Wilsey Outrigi in support of Newport Outrigger Club. Canoe Storag( I Letter from Coastal Municipal Water District urging Water support of Proposition W to complete the State Water Project. i r Letter from Californians Against Proposition No. 9 urging a vote against Proposition 9. Notices of dates for meetings bf Airport Land Use OrCo Commission for Orange Comity. Airpor • Resolution of the City of Laguna Beach concerning Genera the need for State tax relief to implement the con- Plans servation and open space elements of General Plans. Resolutions of the Cities of Stanton and Buena Park urging opposition to Proposition 5. Tenth Legislative Digest from the League of Cali - fornia Cities. Agenda of Board of Supervisors meetings of May 14, 15, 21 and 22, 1974. Letter from League of Women Voters of Orange Coast regarding a survey of local government in California and citizen participation. 5. The following claims were denied, and the City Claimi Clerk's referral to the insurance carrier was con - firmed: Claim of Robert G. Miller for personal injuries, Miller allegedly sustained when the front tire and wheel of the bicycle he was riding fell through a storm drain • grating on Jamboree Road on February 5, 1974. Volume 28 - Page 133 I en' ;er COUNCILMEN gl pc O \ 9 OC+O o�RA N RO N.� ZZG� pig O MINUTES TOLL CALL \�" iNS2 api� May 28, 1974 INDEX I Claim of Robert V. Hodges for damage to his car, Hodges • allegedly caused when it was struck by a City vehicle while parked on 5th Avenue between Begonia and Carnation on May 7, 1974. Claim of David B. Roberts II, a minor, filed by his Roberts father, for injuries to David, allegedly sustained when he fell from a cliff into the upper bay while playing in Galaxy Park on March 23, 1974. Summons, Complaint for Damages (Personal Injury) Baeseman and Petition and Order for Appointment of Guardian Ad Litem of Denine Janice Baeseman, a minor by Leroy George Baeseman, her guardian ad litem, Case No. 213147 in Orange County Superior Court. Claim of Southern California Edison Company for So Cal damage to their property in the alley behind 3320 Edison Ocean Boulevard, Corona del Mar on April 12, 1974, allegedly caused by a City vehicle. Claim of Anne Kristine Gibbons for personal injuries Gibbons allegedly sustained in connectibn with an incident occurring on or about February 12, 1974 in the vicinity of 1924 Beryl Lane, Newport Beach. Claim of Employers National Insurance Company and Employers Jennie Depuncian for damages to Mrs. Depuncian's Natl Ins car when she was involved in a traffic accident at I, Jamboree Road and San Joaquin Hills Road on February 19, 1974, alleging City negligence in the malfunctioning of a traffic signal. Claim of Barbara and William Haskell, Jr. for Haskell damages to their property at 529 Via Lido Soud, Newport Beach when a water line broke in the street in front of their home on or about February 24, 1974, allegedly due to negligence on the part of the City. 6. The following requests to fill personnel vacancies were approved: (A report from the City Manager was presented) I One Groundsman Gardner I in the Parks, Beaches and Recreation Department to fill a position now vacant. One Police Emergency Equipment Dispatcher in the Police Department to fill a position now vacant. • Volume 28 - Page 134 COUNCILMEN MINUTES OLL CALL \NNSt a�� May 28, 1974 INDEX 7. The following staff and commission reports were • received and ordered filed: t Memo from Parks, Beaches and Recreation Com- General mission supporting tax relief to implement con- Plans servation and open space elements of General Plans. Memo from City Manager regarding Christmas Sales Tax quarter sales tax rates. Memo from City Attorney regarding AB 1575, creating AB 1575 & commission to certify power plants; and SB 1930 re public employees retirement. SB 1930 8. The following matters were set for public hearing on June 10, 1974: Planning Commission Amendment No. 429, a request Newport to amend the "Newport Place" Planned Community Place Development Standards to establish a parking require PC ment for hotels and motels based on a demonstrated formula, located in P -C District bounded by Mac- Arthur Boulevard, Bristol Street and Birch Street. (A report from the Community' Development Depart- ment was presented. ) Planning Commission Amendment No. 430, request Koll Centel to amend the "Koll Center Newport" Planned Com- Newport munity Development Plan to (1) eliminate "Service PC I Station Site 2 ", (2) increase the size of "Retail and Service Site 1 ", (3) to permit health or athletic clubs and professional or business offices as permitted uses within the retail and service center sites of the Planned Community, and (4) the acceptance of an Environmental Document; located in Tract 7953, bounded by MacArthur Boulevard, Jamboree Road and Campus Drive in "Koll Center Newport. " (A report from the Community Development Depart- ment was presented. ) Preliminary Budget as prepared by the City Manager Budget for the fiscal year 1974 -75, pursuant to Section 1102 of the Newport Beach City Charter. I 9• The plans and specifications for Dahlia Avenue Storm Dahlia Drain South of Second Avenue, Contract No. 1583, Ave Storm were approved; and the City Clerk was authorized to Drain advertise for bids to be opened at 11:00 A. M. on June 17, 1974. (A report from the Public Works Director was presented.) • 10. The plans and specifications for the 1973 -74 Seal 1973 -74 Coat Program, Contract No. 1591, were approved; Seal Coat Program Volume 28 - Page. 135 COUNCILMEN CITY OF 11t O \ 9 1p ROLL CALL �N�or �Zy\��Z �a09� Mav 28. IC11L'i MINUTES INDEX and the City Clerk was authorized to advertise for • bids to be opened at 11:00 A. M. on June 11, 1974. (A report from the Public Works Director was pre- sented.) 11. The plans and specifications for the Riverside Avenue Riverside Pedestrian and Bicycle Trail, Contract No. 1615, Av Bicycle were approved; and the City Clerk was authorized to Trail advertise for bids to be opened at 10:00 A. M. on June 11, 1974. (A report from the Public Works Director was presented.) 12. The City Clerk was instructed to publish a Notice Legal Inviting Bids to be received at or before the hour of Notices 7:30 P.M. on June 10, 1974 for a contract covering the publishing and printing of all legal notices, or other material required to be published in a news- paper of general circulation published and circulated in the City of Newport Beach, for the fiscal year ending June 30, 1975. 13. The Alley Improvements - Balboa Island 1973 -74, Alley Contract No. 1604, were accepted; and the City Clerk Impr /BI was authorized to file a Notice of Completion and to 1973 -74 release the bonds 35 days after Notice of Completion • has been filed. (A report from the Public Works Director was presented.) I 14. The public improvements constructed in conjunction Tracts, with Tracts Nos. 7519 and 7788 (located northeaster) 7519 & of San Joaquin Hills Road and Jamboree Road in the 7788 I Big Canyon Planned Community), and the westerly portion of Big Canyon Drive was accepted; and the City Clerk was authorized to release the faithful performance bonds and Letter of Credit No. IC - 6127 and to release the labor and materials bonds and Letter of Credit No. IC - 6126 in six months provided no claims have been filed. (A report from the Public Works Director was presented.) 15. (a) The following maintenance dredging harbor Harbor permit applications werl approved, subject to Permit/ the conditions of approval under the blanket Dredging maintenance dredging permit issued by the U. S. Army Corps of Engineers: #116 -720, Newport Harbor Yacht Club, 720 W. Bay Avenue; #116- 824, Mr. Stan Williams, 824 W. Bay Avenue; #116 -1124, Dr. John Reynolds, 1124 W. Bay Avenue; #225 -710, Mr. Spence Clark, 710 S. • Bay Front; #227 -3333, Newport Arches Marina, 3333 W. Coast Highway. (A report from the Marine Safety Department was presented.) Volume 28 - Page 136 I 30LL L \s'\'°T?i tV4 \m\ Mav 28. 1974 I (b) The following maintenance dredging harbor permit was approved, subject to the approval of the U.S. Army Corps of Engineers, and the Santa Ana Regional Water Quality Control Board: #124 -621, 621 Lido Park Drive Condominium Association. (A report from the Marine Safety Department was presented.) 16. The expense account of Councilman Dostal for atten- dance at N. 0. 1. S. E. Conference in Washington, D. C. on May 14 - 17, 1974 was approved. I 17. The purchase of four Honda motorcycles in the I j I Police Department in lieu of a budgeted 3 -wheel j motorcycle was approved. (A report from the Police Chief to the City Manager was presented. ) I I I I I I j ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter from David B. De Jong of Lodi regarding Motion i xl pollution was referred to the staff for reply, and the Ayes Ix x x x x x staff was directed to report back at the next meeting Absent xi on all pending legislation in connection with pollution. 2. A letter from Madeline K. Weiss'rega"rdfng a parking icitation she received in the Emkay property area Motion x I (Newport Place)' and urging that sorriethiing -be dom -' Ayes I xlx x'xix xl about the parking situation in that area was referred Absent Ix, to staff for report back on June 10. Motion Aye s Absent Motion Ayes Absent Motion Ayes Absent 0 �x x I i xI x x I I xxx 3. A letter from Margaret Howland regarding police helicopters was referred to staff for reply, with the understanding that the staff would explore negotiations with Costa Mesa for sharing a helicopter program. 4. A resolution of the City of Garden Grove concerning the Orange County intelligence unit was referred to the Pending Legislation Committee. 5. A letter addressed to Mayor McInnis from the Balboa. Island Improvement Association regarding lack of sidewalks along Bayside Dric a at the foot of Promon- tory Point was referred to staff for study and report back. 6. A letter from the Newport Shores Community Associ- ation regarding a traffic signal at Prospect and Coast Highway was referred to staff for reply and for report back to Council. Volume Z8 - Page 137 Police Dept Pollution N ewpo rt Place Police Helicopters OrCo Intelligence Unit Promontory Point Traffic Signals COUNCILMEN CITY p pc O 00\k ROLL CALL 0% ROLL May 28 rj c. MyEl MINUTES 1� 7. A report was presented from the Public Works Alley • Director regarding alley paving in Block 9, East Paving Newport, Contract No. 1622. Blk 9 Goldie Joseph requested clarification of the project. Motion I x Resolution No. 8261, awarding a contract to G. C. R -8261 Ayes x x x x x x Burney Co. for alley paving in Block 9, East New - Absent x port, Contract No. 1622, was adopted. i ADDITIONAL BUSINESS: 1. A Paramedic Services Report was presented from Paramedic the City Manager. Program A letter from the Hoag Memorial Hospital- Presby- terian endorsing a paramedic program for the City of Newport Beach and urging that the highest of priorities be given to implementing the program was presented. The concept of providing paraci`iedic services to the citizens of Newport Beach, using the personnel I assigned to the Newport Beach Fire Department, x was adopted; the staff was directed to proceed with AApoy� s Ix x x x x x the implementation of the program as set forth by Absent x the City Manager in subject report; and the staff was instructed to cooperate with Orange County and with Hoag Hospital to establish the program as soon as possible. Z. A letter addressed to the City Clerk from Wilshire Equities requesting approval and certification of the Tentative Map of Tract No. 8638, establishing one lot where six lots now exist to permit the conversion of six apartment buildings into a 36 -unit condominium development, located at 1184 -1256 Rutland Road on the east side between Mariners Drive and Bedford Lane in Westcliff, zoned R -3, was presented. Motion x The Tentative Map of Tract No. 8638 was removed Tract 8638 Ayes x x x x x x from the table and set for public hearing on June 10, Absent x j 1974. I 3. A letter addressed to the City Manager from OrCo Assemblyman Briggs regarding a public meeting to Transit be held on May 29 in connection with AB 3951, which Dist would provide additional financing for the Orange County Transit District by imposing an additional • one cent sales tax, was presented. I Volume 28 - Page 138 ROLL CALL ion s Absent Motion Ayes Absent COUNCILMEN CITY OF NEWPORT BEACH MINUTES May 28, 1974 INDEX x The staff was directed to send a representative to ix x x subject meeting and to report back on June 10 regarding the pros and cons of AB 3951, alternatives presented, etc. Mayor McInnis and the Council extended congratulations to Peter Krieg, City Editor of the Daily Pilot, on his 10th Wedding Anniversary. The meeting was adjourned at 8 :35 P. M. x x x •� I I 11 lil�l �I it I Mayor Volume 28 - Page 139