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HomeMy WebLinkAbout10/15/1974 - Regular MeetingLMEN ROLL CALL__ Present Akon Ayes Abstain Motion Ayes Motion 0 Motion Ayes Motion Ayes *on REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: October 15, 1974 Roll Call. MINUTES The reading of the Minutes of the Regular Adjourned Meeting of September 30, 1974 was waived, and said Minutes were approved as written and ordered filed. The reading in full of all ordinances and resolutions and consideration was waived, and the City Clerk was directed to read by titles only. HEARINGS: 1. Mayor McInnis opened the public hearing regarding Tentative Map of Tract No. 8762, subdividing 45.905 acres into six lots for commercial development and one lot for a common parking lot, located on property bounded by MacArthur Boulevard, Von Karmen Avenue, Birch Street and Jamboree Road in Koll Center New- port, zoned P -C. A report was presented from the Community Develop- ment Department. Robert Bein, representing Roll Center Newport, addressed the Council and requested an amendment to Condition No. 6. The hearing was closed after it was determined that no one else desired to be heard. Tentative Map of Tract No. 8762 was approved, subject to the conditions recommended by the Planning Com- mission with the exception of the deletion of Con - dition No. 6, in connection with the median extension and driveway relocations along Von Kerman Avenue. 2, Mayor McInnis opened the public hearing regarding Tentative Map of Tract No. 8480 (Revised), revising a previously approved Tentative Map subdividing 7.00 acres into four lots for residential condominium . development where a one lot subdivision was originall3 proposed, portion of Block 55, Irvine's Subdivision, located at the southeasterly corner of the proposed extension of Santa Barbara Drive and proposed San Clemente Drive in Newport Center, zoned P -C. A report was presented from the Community Develop - ment Department. Frank Hope, representing the architect of the project, addressed the Council and stated he was available to answer questions. The hearing was closed after it was determined that no one else desired to be heard. Councilman Store made a motion to approve Tentative Map of Tract No. 8480 (Revised), subject to the conditions recommended by the Planning Commission. Volume 28 - Page 246 INDEX Tract 8762 Tract 8480 COUNCILMEN Rff • MINUTES TOLL CALL a�N 9r 2 'LL 12 � Apia October 15. 1974 INOE; Councilman Ryckoff stated for the record that he had opposed the Tentative Map when it first came up and he still opposed the project, but that he would support the revision because of the phased development. Ayes C x x x x x A vote was taken on Councilman Store's motion, which motion carried. 3. Mayor McInnis opened the public hearing regarding General the adoption of the Noise Element of the Newport Plan Beach General Plan and the acceptance of an Environ- mental Impact Report (EIR /NB 74 -047). A report was presented from the Community Develop- ment Department. Milton Crane addressed the Council regarding the air- port noise. William Lindmeyer addressed the Council in support of the Noise Element. Jack Swing, representing Wyle Laboratories, addressed the Council and summarized their analysis. Motion x The hearing was closed. Ayes C x x x x x Motion x Environmental Impact Report EIR /NB 74 -047 was accepted, Ayes K x x x x x N and the following resolution was adopted: Resolution No. 8366 adopting the Noise Element R -8366 of the Newport Beach General Plan. 4. Mayor McInnis opened the public hearing regarding Alley consideration of alley paving in Block 10, East New- Paving/ port (City block bounded by 6th Street, Island Avenue, Blk 10 Balboa Boulevard and Ocean Front) using the procedure of Chapter 27 of the Improvement Act of 1911. A report was presented from the Public Works Director. Mrs. Jane Lamar, representing the Ebell Club' addressed the Council and protested the alley paving. Motion x The hearing was closed after it was determined that Ayes K 9 x x x x X no one else desired cu be heard. Motion K The staff was directed to have subject alley paved Ayes K X x x x x x per plans as submitted, under the procedures of Chapter.27 of the Improvement Act of 1911; and the staff was directed to make a special agreement with the Ebell Club to spread their assessment payments over a ten year period. 5. Mayor McInnis opened the public hearing regarding Alley consideration of alley paving in Block 331, Lan- Paving/ caster's Addition (City block bounded by 30th Street, Blk 331 31st Street, Villa Way and Newport Boulevard) using the procedure of Chapter 27 of the Improvement Act of 1911. Volume 28 - Page 247 K COUNCILMEN ROLL CALL_ son Ayes Motion Ayes Motion Ayes 4on Motion Ayes n Ayes A report was presented from the Public Works Director. The hearing was closed after it was determined that no one desired to be heard. The staff was directed to have subject alley paved per plans as submitted, under the procedures of Chapter 27 of the Improvement Act of 1911. 6. Mayor McInnis opened the public hearing in connection with Ordinance No. 1586, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICTING MAPS NOS, 49 AND 60,. Planning Commission Amendment No. 438, request of the Newport Harbor Chamber of ;Commerce to rezone property located on the southeasterly corner of Jamboree Road and Santa Barbara Drive in Newport Center from the P -C and Unclassified Districts to the A -P District. A report was presented from the Community Develop- ment Department. The hearing was closed after it was determined that no one desired to be heard. Ordinance No. 1586 was adopted. ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1584, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 5.12.320 OF THE NEWPORT BEACH MUNICIPAL CODE TO REVISE ENGLISH - SPEARING REQUIREMENT IN CONNECTION WITH DRIVER'S PERMIT APPLICATIONS, requiring a driver's license rather than a chauffeur's license. A report was presented from the City Manager. Ordinance No. 1584 was adopted. 2. Ordinance No. 1585, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 13.12.205 TO TITLE 13 OF THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "NUMBERING - SHORECREST LANE, SEAWARD ROAD TO MORNING CANYON ROAD." Ordinance No. 1585 was adopted. Volume 28 - Page 248 INDEX Dist Maps 49 & 60 Ambulances/ Taxis Shorecrest Lane ROLL CAL • Motion Ayes Motion Ayes Noes Motion Ayes • Motion Ayes Motion Ayes Noes. COUNCILMEN iko \tlkrot CITY OF NEWPORT BEACH MINUTES A3fm October 15, 1974 _ _ INDEX 3. Ordinance No. 1587, being, Water Well Standards AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 14.34 TO THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "WATER WELL STANDARDS," as required by the Santa Ana Region Water Quality Control Board. Ordinance No. 1587 was adopted. x x x x 4. Ordinance No. 1588, being, Dressing in Public AN ORDINANCE OF THE CITY OF NEWPORT BEACH Places AMENDING SECTION 11.08.010 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO DRESSING IN PUBLIC PLACES. The matter was tabled; and Ordinance No. 1588 was X x x x disallowed. CONTINUED BUSINESS: 1. The appointment of a member to the Board of Library Board of x Trustees to fill the unexpired term of Dr. Wilson Library x x x x x Little was postponed to October 29. 2. A report was presented from the City Clerk regarding OrCo the City's representation on the Orange County Health Health Planning Council. Ping Council K Mr. Harry Bubb's appointment to the Assembly of Dele- x x x x x gates as the City of Newport Beach's representative was confirmed; and Harry Bubb was nominated as a member of the Orange County Health Planning Council's Board of Directors. CURRENT BUSINESS: 1. A report was presented from the Community Develop- Tract 8445 ment Department regarding the Final Map of Tract No. 8445, creating one parcel of land for residential condominium development, located on the south side of Ford Road between Jamboree Road and MacArthur Boulevard in Big Canyon. Ralph Arneson, McLain Development Company, addressed the Council stating he was present to answer questions. x The Final Map of Tract 8445 was approved, subject x x x x N to the conditions recommended by the Planning Com- x mission; and the following resolution was adopted: Resolution No. 8367 authorizing the execution R -8367 of an agreement with McLain Realty & Develop- ment, Inc., subdivider, for the construction Of improvements in Tract No. 8445. Volume 28 - Page 249 COUNCILMEN MINUTES ROLL CALL \0IMP11411 \AI\ October 15. 1974 INDEX 2. A report was presented from the Public Works Director Balboa Blvd regarding acquisition of a portion of real property at Widening 146 47th Street in connection with the Balboa Boule- vard widening from Coast Highway to 44th Street. Motion x The purchase of subject property was authorized; and Ayes x x x x x N I the following resolution was adopted: Resolution No. 8368 accepting a Grant Deed R -8368 from Howard and Velma Hopson in connection with the purchase of a portion of 146 47th Street. 3. A letter from the Balboa Power Squadron submitting a Balboa thirty day notice to terminate the lease agreement Power with the City for the property at 204 Riverside Avenue, Squadron in accordance with the 30 -day cancellation clause in the agreement, was presented. A report was presented from the Parks, Beaches and Recreation director. Motion I The termination of subject license agreement pursuant Ayes K x x x x x 11 to the request of the Balboa Power Squadron, was approved; and the staff was directed to inspect the premises prior to vacation of the property and to review and report back on the future reuse of the property. 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: 1. The following ordinance was introduced and passed to second reading on October 29, 1974: Proposed Ordinance No. 1589, being, AN ORDINANCE Food OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 6.08 Sanitation OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO FOOD 0 -1589 HANDLING ESTABLISHMENTS, to conform to the Orange County Health Department's Uniform City Food Sanitation requirements for all cities served by the Health Department. (A report from the City Manager was presented.) 2. The following resolutions were adopted: Resolution No. 8369 awarding a contract to J. B. Shea Ford Rd Company, Inc. for-improvements in connection with the Widening widening of Ford Road from Jamboree Road to MacArthur R -8369 Boulevard, Contract No. 1600. (A report from the Public Works Director was presented.) Resolution No. 8370 authorizing the execution of an Resub 460 agreement with Leroy L. Carver, Jr., subdivider, R -8370 guaranteeing completion of the public improvements • required to be constructed with the development of Volume 28 - Page 250 ROLL CAI • • u COUNCILMEN \ \\\ \\\\ RRU` 71T TM MINUTES -4_ \A� \ \ ➢ \? \1y1 3\ October _ 15, 1974 INDEX Resubdivision No. 460, located on the easterly side of Jamboree Road between Santa Barbara Drive and San Joaquin Hills Road. (A report from the Public Works Director was presented.) Resolution No. 8371 authorizing the execution of an Resub 438 agreement with Newport Harbor -Costa Mesa Board of R -8371 Realtors, subdivider, guaranteeing completion of the public improvements required to be constructed with the development of Resubdivision No. 438, located on the northerly side of Hospital Road between.Newport Boulevard and North Newport Boulevard. (A report from the Public Works Director was presented.) Resolution No. 8372 expressing the desire of the City HUD of Newport Beach to participate through the State in R -8372 the HUD "701" Funds for fiscal year 1975 -76. 3. The following communications were referred as indi- cated: Referred to staff for inclusion in on -going study,' letter from Lucille Walsh with petition bearing 114 signatures in favor of a well- organized transportation system in the City. Referred to staff for inclusion in on -going study, letter from Lucille Walsh urging that a year- around transportation system be provided. Referred to staff for inclusion in on -going study, letter from Nola Parish to Mayor McInnis asking for bus service in the Newport Heights section. Referred to staff for reply, letter from Corinna Babb regarding the status of two roads or rights of way on private land bayside of Irvine Avenue and 23rd Street. Referred to staff for reply, letter from Corinna Babb with copy of her letter to the Board of Supervisors regarding the removal of stockpile at two locations on Upper Newport Bay. Referred to staff for reply, letter from Reba Williams expressing concern for growing police problems. Referred to staff for reply, letter from Goldie Joseph asking that the First Baptist Church be left as it is. Referred to Bicycle Trails Committee, letter from Bicycle Margaret Howland regarding the Lampman Report on Trails Bikeways. Referred to Planning Commission, letter from Jack Cannery Williamson opposing the proposed Delaney's Cannery Village Village development. Volume 28 - Page 251 COUNCILMEN i\_-A\&WV \\4\01 "a ROLL CALL • • E R MINUTES pN *9t �s2 awin October 15, 1974- INDEX 4. The following communications were referred to the City Clerk for filing and inclusion in the records: Letter from City of Modesto regarding Proposition 17 Prop 17 stating that they have been informed by the National Sierra Club that a local Sierra Club cannot take an official action or position contrary to the position of the Club's governing board, contrary to information in their correspondence of August 22, 1974. Letter to Mayor McInnis from Senator Carpenter stating Pac Coast that he has written to the Executive Secretary of the Hwy Bay California Highway Commission expressing concern for Bridge the additional delays relating to the necessary reports on the expansion of the Pacific Coast Highway bridge. Letter from Women's Division of the Newport Harbor Pollution Chamber of Commerce expressing their support for the proposal of the Parks, Beaches and Recreation Com- mission implementing a litter control campaign in the City. Letter from the Chief Clerk of the Assembly enclosing a copy of Assembly Concurrent Resolution No. 181 relative to the opening of new retail petroleum products outlets. Letter from Mrs. John Reader supporting the proposal of Friends of Newport Bay urging acquisition of the uplands as part of the proposed recreation and pre- serve area. Letter to Mayor McInnis from Congressman Hinshaw EPA regarding the Environmental Protection Agency regu- lations regarding parking management and enclosing a copy of his remarks before the subcommittee on Public Health and Environment of the Interstate and Foreign Commerce Committee in this regard. Resolution of the Board of Supervisors in connection EPA with the Environmental Protection Agency regulations which will in the future provide for the review and approval of any new parking facilities having a capacity of 250 or more motor vehicles. Resolution of Cypress supporting Proposition "A" on the November 5, 1974 ballot in order to provide a high quality transportation program in Orange County. Excerpt of Minutes of Board of Supervisors authorizing negotiation for floodplain acquisition, Santa -Ana Delhi channel. Report from State Controller regarding apportionment of trailer coach fees indicating a net amount for Orange County of $1,783,183.43. Volume 28 - Page 252 ROLL C 4 COUNCILMEN MINUTES ALL p�'�slc�in \s4A a�pm� October 15, 1974 INDEX Copy of a letter from McLain Development Co. to the California Coastal Zone Conservation Commission with- drawing their application for appeal. Notice of hearing before the Public Utilities Com- mission of Southern California Gas Company to increase their rates. Application to the Public Utilities Commission by Pacific Telephone and Telegraph Company to increase their rates. Order denying request for interim rate relief in the matter of the Pacific Telephone application to the Public Utilities Commission for rate increase and providing for hearings. Notice of filing application by Southern California Edison before Public Utilities Commission for rate increase. Notice of hearing before Public Utilities Commission of Southern California Edison to increase rates. Resolution of Public Utilities Commission amending Rules of the Commission's Rules of Practice and Procedure. Opinion of Public Utilities Commission in matter of Continental Trailways, Inc. application for rate increase. Agenda of Board of Supervisors meetings held October 1, 2, 8 and 9, 1974. Letter from Senator Cranston stating his interest in setting up a meeting on the Newport Beach aircraft noise problem. Letter from Garden Grove Sanitary District with copy of their letter to the Board of Supervisors protesting proposed adoption of a fee schedule for use of the County dumps or transfer stations and urging Council to join in written opposition. Letter from Don Koll Company commending Council's Mini - efforts to deal with the municipal transportation Bus problem. ' 5. The following claims were denied, and the City Clerk's Claims referral to the insurance carrier was confirmed: Claim of Barbara C. Johnson for personal injuries Johnson received when she was struck by an automobile on June 15, 1974 on West Balboa Boulevard near 46th Street, alleging that the City was negligent in not having the proper warning signs and traffic markings ' to protect pedestrians. Volume 28 - Page 253 COUNCILMEN \%\A\x\\ \pe\ MINUTES ROLL CALL \p� \ \yt \e+ \12 \a \pR\ October 15, 1974 IND Claim of Jeanette Rosenfeld for personal injuries Rosenf on September 2, 1974 when she broke her foot on "damaged" sidewalk located adjacent to 2304 West Ocean Front, allegedly due to negligence on the part of the City. Claim of Jean Kelly Meyer for refund of towing costs Meyer incurred when the Police Department caused her car to be towed away on September 2, 1974, allegedly in error. Claim for damages of Dr. Charles A. Delaney for Delane damages to his property at 1727 E. Ocean Boulevard on July 29, 1974, allegedly due to City negligence in connection with water pipe breakage and sewage back . up on that date. Claim of Walter Rau for personal injuries and property Rau damage resulting from a boating accident at Coast Highway bridge on or about July 18, 1974, alleging that the bridge was negligently built, maintained and operated. 6. The following requests to fill personnel vacancies were approved: (A report from the City Manager was presented.) One Police Emergency Equipment Dispatcher in the Police Department to fill a position now vacant. One Police Clerk I in the Police Department to fill a position now vacant. 7. The following matters were set for public hearing on November 25, 1974: Proposed Underground Utilities District No. 4 (Pacific Under - Coast Highway from Jamboree Road to MacArthur Boule= grou ward). (A report from the Public Works Director was Utilit presented.) Proposed Underground Utilities District No. 5 (Jam- Under - bores Road from San Joaquin Hills Road to Santa grot Barbara Drive). Utilit 8. The Balboa Boulevard Improvements, Contract No. 1369, Balboa from West Coast Highway to 44th Street, were accepted; Widens the City.Clerk was authorized to file a Notice of Completion and to release the bonds 35 days after Notice of Completion has been filed; and liquidated damages were assessed in the amount of $2,100. (A report from the Public Works,Director was presented.) 9. The following maintenance dredging harbor permit Harbor application was approved, subject to the conditions Permit of approval under the blanket maintenance dredging Dredgl permit issued by the U.S. Army Corps of Engineers: $172 -735, Robert Garrison, 735 Via Lido Soud. (A re- Garris • port from the Marine Department was presented.) Volume 28 - Page 254 EX eld nding ies ending .ies � Blvd .ng .ng ion COUNCILMEN CITY OF IR Ql�QZ ROLL CALL a A 9i �� October • Motion Ayes Motion Ayes 0 Motion Ayes Motion Ayes • 15, 1974 10. The following Budget Amendment was approved: MINUTES BA -19, $3,000 transfer of Budget Appropriations for appraisal of State of California Parcel Numbers 41339 and 41339A located in the City from Unappropriated Contingency Reserve to Nondepartmental, Services - Professional, Technical, etc. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter from Uncle Hubert's Royal Caboose requesting In -lieu a refund in connection with in -lieu parking fees was Parking referred to staff for review and approval. ADDITIONAL BUSINESS: 1. A report from the City Hall Planning Committee - Council garding proposed new Council Chambers to be built in Chambers front of the existing City Hall, Contract No. 1670, was presented. Resolution No. 8373, authorizing the execution of an R -8373 agreement with Kermit Dorius and Associates, Archi- tects, Incorporated, for architectural services and authorizing execution of an. agreement for landscaping in connection with the plans and specifications for the proposed new Council Chamber, was adopted. 2. It was agreed that The Coves development, particularly IThe the wall, would be discussed at the October 29 Study Coves Session with The Irvine Company respresentatives, involved in the project. 3. A report from the Community Development Department to the City Manager regarding Council Policy State- ment setting forth both gross and net densities of residential projects was presented. Council Policy K -3, "Implementation of the California Environmental Quality Act" was amended to include a statement setting forth both gross and net densities of residential projects. 4. A report was presented from the Community Develop- ment Department regarding Building Permit Policy of cities within the South Coast Regional Coastal Com- mission Permit Zone Area. Resolution No. 8374, directing the Community Develop- ment Director to establish procedures to insure com pliance with the permit requirements of the California Coastal Zone Conservation Act of 1972 prior'to the issuance of any grading, demolition, building or other construction or development permit, was adopted. Volume 28 - 255 Environ- mental Quality Act Council Policy Building Permit Policy/ Coastal Comsn R -8374 COUNCILMEN \0\6 \ MINUTES aOLL CALL_NVPVCM'0AAXR October 15, 1974 INDE; 5. A report was presented from the City Manager regarding Elk tapping of the Elk Hills oil reserve. Hills Son Oil 11 The Mayor was directed to write a letter to Represen- Reserve Ayes x x x x x x N tative Alphonzo Bell stating that the position of the City of Newport Beach is that Elk Hills Reserve be used for production immediately and the Outer Con - tinental'Shelf be reserved for national emergency as declared by Congress. Mayor McInnis adjourned the meeting at 10:05 P.M. Mayor' TTEST iy c Volume 28 — Page 256