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Home My WebLink About07/28/1975 - Regular MeetingCOUNCILMEN \\ o \ _1c9\\ CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. MINUTES mpo ROLL CALL W y 2 if ® Sma p Date: July 28, 1975 a m Present X x x x x Absent x Roll Call. x The reading of the Minutes of the Regular Meeting of 0tion es X x x x x I July 14, 1975 was waived, and said Minutes were approved Absent x as written and ordered filed. Motion x The reading in full of all ordinances and resolutions under Ayes X x x x x I consideration was waived, and the City Clerk was directed Absent x to read by titles only. HEARINGS: 1. Mayor McInnis opened the continued public hearing in Bld, connection with Ordinance No. 1624, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMEND - ING SECTION 20.02.090 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE DEFINITION OF BUILDING SITE, Planning Commission Amendment No. 445, providing a method whereby one or more subdivided lots, or portions thereof, may be combined into a single building site by the execution of a covenant with the City rather than by resubdivision and parcel map procedure. A report was presented from the Community Development Department. otion The hearing was closed after it was determined that no es x x x x X one desired to be heard. sent x Motion Ordinance No. 1624 was adopted. Ayes x x x Absent x 2. Mayor McInnis opened the public hearing regarding Tra Tentative Map of Tract No. 8917, a request of The Irvine Company, Newport Beach, to establish one lot where two lots and a portion of a third lot now exist so as to permit the conversion of a 34 -unit apartment building into a 34 -unit residential condominium development, located at 1201 -1325 Bayside Drive, on the southwesterly side of Bayside Drive, easterly of the Balboa Island Bridge (Mai -Kai Apartments); zoned R -3. A report was presented from the Community Development Department. Robert Bein of Raub, Bein, Frost and Associates, representing The Irvine Company, briefly addressed the Council and stated that they were in agreement with the conditions and findings as set out by staff. K The hearing was closed after it was determined that 41tion as x x x X no one else desired to be heard. sent x Motion The Tentative Map of Tract No. 8917 was approved, Ayes x x x x S subject to the conditions and findings recommended by Absent x the Planning Commission. Volume 29 - Page 158 INDEX g Site ct 8917 COUNCILMEN pp Q, m C. ROLL CALL �A@ s ➢r Wm2\t A T "Tv 99 7Q7S MINUTES INDEX 3. Mayor McInnis opened the public hearing regarding Genera General Plan Amendment No. 18, a proposed amendment Plan • to the Land Use and Residential Growth Elements to change the designation of approximately fifty acres of undeveloped land north of Pacific View Memorial Park from "Governmental, Educational and Institutional" to "Low- Density Residential." A report was presented from the Community Development Department. A letter from James Roosevelt was presented supporting General Plan Amendment No. 18. Larry Lizotte, representing Broadmoor Homes, addressed the Council briefly and stated he was present to , answer any questions. Motion The hearing was closed after it was determined that Ayes x x x x 21 no one else desired to be heard. Absent x Councilman Rogers made a motion to adopt a resolution amending the Land Use and Residential Growth Elements of the General Plan. Motion x Councilman Ryckoff made a substitute motion to reopen Ayes x x x x 7 the public hearing, which motion carried. Absent x Mayor McInnis reopened the public hearing. • Robert Bein of Raub, Bein, Frost and Associates ad- dressed the Council regarding the sewage disposal system in the area. Motion K The hearing was reclosed. Ayes K x x x x Absent x Resolution No. 8557, amending the Land Use and R -8557 Residential Growth Elements of the General Plan to change the designation of approximately fifty acres of undeveloped land north of Pacific View Memorial Motion K Park from "Governmental, Educational and Institutional" Ayes K K x x x x to "Low- Density Residential," (Amendment No. 18), was Absent x adopted. 4. Mayor McInnis opened the public hearing regarding Genera General Plan Amendment No. 20, a proposed amendment Plan to the Land Use and Residential Growth Elements to consider alternative land use designations for the undeveloped property in Newport Center located at Jamboree Road and Coast Highway (currently designated "Low- Density Residential ") and at MacArthur Boulevard and Coast Highway (currently designated "Adminis- trative, Professional and Financial" and "Recreational and Marine Commercial "). A report was presented from the Community Development Department. Volume 29 - Page 159 COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROLL CALL N * v� O I, %pm July 28, 1975 • Al Auer of The Irvine Company addressed the Council regarding proposed development in the area. Richard A. Nelson addressed the Council protesting the proposed Irvine Company development. J. R. Blakemore, President of the Harbor View Hills Com- munity Association, addressed the Council concerning traffic. The hearing was closed after it was determined that no one else desired to be heard. Motion Councilman Rogers made a motion to adopt a resolution amending the Land Use and Residential Growth Elements of the General Plan. Councilman Ryckoff asked that the motion be amended to limit maximum floor area of the office development and to postpone Phase II, which amendment was accepted by the maker of the motion. Ayes x x A vote was taken on Councilman Rogers' amended motion, Noes x x x which motion failed to carry. Absent x Resolution No. 8558, amending the Land Use and Resi- dential Growth Elements of the General Plan, con- sidering alternative land use designations for the undeveloped property in Newport Center located at Jamboree Road and Coast Highway (currently designated "Low- Density Residential ") and at MacArthur Boulevard Motion K and Coast Highway (currently designated "Adminis- Ayes K x x x I trative, Professional and Financial" and "Recreational Noes x and Marine Commercial "), (Amendment No. 20), was Absent x adopted. 5. Mayor McInnis opened the public hearing regarding General Plan Amendment No. 25, a proposed amendment to the Recreation and Open Space Element to include a greenbelt designation along the south side of Ocean Boulevard in Corona del Mar, from Carnation Avenue to Poppy Avenue. A report was presented from the Community Development Department. Motion X The hearing was closed after it was determined that Ayes x x x x N no one desired to be heard. Absent x Resolution No. 8559, amending the Recreation and Open Space Element of the General Plan to include a green - Motion belt designation along the south side of Ocean Boule- Ayes K x x x x vard in Corona del Mar, from Carnation to Poppy Al sent x Avenue, (Amendment No. 25), was adopted. Volume 29 - Page 160 INDEX R -8558 General Plan R -8559 COUNCILMEN i_o\ot mva y�_9ppm�0 CITY Of NEWPORT BEACH MINUTES ROLL CALL � s °� m12 aAm July 28, 1975 1 6. Mayor McInnis opened the public hearing regarding Mari waiving the requirement of a 12 -foot street dedi- Mile • cation as a condition of issuance of a building permit as required by Section 13.05.010 of the Newport Beach Municipal Code in connection with the redevelopment of the Mariners Mile area recently destroyed by fire. A report was presented from the City Attorney. A letter from the majority of the property owners within the Mariners Mile area was presented asking that Amendment No. 23 be deleted from the General Plan. Motion K The hearing was closed after it was determined that Ayes K x x x x x no one desired to be heard. Absent x Motion K The following ordinance was introduced and passed to Buil Ayes x x x x Ic second reading on August 11, 1975: Peru Noes x Absent x Ordinance No. 1628, being, AN ORDINANCE OF THE 0 -1f CITY OF NEWPORT BEACH AMENDING SECTION 13.05.030 OF THE NEWPORT BEACH MUNICIPAL CODE WAIVING REQUIREMENT OF DEDICATION BEFORE ISSUING BUILDING PERMITS, adding another condition by which the City Manager may grant a waiver when buildings have been destroyed by fire or similar disaster. ORDINANCE FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1627, being, Res: Bldg AN ORDINANCE OF THE CITY OF NEWPORT BEACH Rea AMENDING CHAPTER 15.35 OF THE NEWPORT BEACH Rep( MUNICIPAL CODE BY ADDING THERETO SECTION 15.35.045 PERMITTING INSPECTION OF RESIDENTIAL DWELLINGS IN CONJUNCTION WITH THE REPORT OF RESIDENTIAL BUILDING RECORDS, providing for inspection of residential.buildings prior to sale transactions for purposes of including in the Residential Building Records Report, was pre- sented for second reading. A report was presented from the Community Development Department. Motion Ordinance No. 1627 was adopted. Ayes x x x x Absent x CONTINUED BUSINESS: 1. A report was presented from the General Services SPO Department to the City Manager regarding the proposal from SPON for the removal of algae from the bay. Motion x The report was received and ordered filed. Ayes C x x x x Absent x Volume 29 - Page 161 NDEX ners .ding sits i28 Ldential rrd >rt COUNCILMEN \t��t0 �'a w�m9ppm�0 MINUTES ROLL CALL �eit�s�9��U�2 am July 28 1975 INDI 2. A possible cooperative project with CALTRANS for the Upper removal of dredged material from the Upper Bay area Npt Ba • was considered. Motion x The staff was directed to work with the County to Ayes x x x x N X obtain the best procedures possible from the con - Absent x tractors. 3. A report was presented from the Parks, Beaches and FB &R Recreation Director regarding registration procedures for recreation programs occurring on tidelands. Motion x The matter was tabled. Ayes x x x x Noes Absent x 4. A report was presented from the City Attorney re- Prkg garding restricted parking spaces for golf carts on Prohi- public streets. biti Cap Blackburn addressed the Council urging the restricted parking spaces. Motion x Resolution No. 8560, establishing electric cart R -8560 Ayes x x x x Y 2 parking spaces on Balboa Island, was adopted. Absent x 5. A report was presented from the Administrative Financ Assistant to the City Manager recommending an amend- Capita ment to the Council Policy on Financing Capital Impr o Improvements on Undeveloped Land in connection with Undeve traffic signals, as suggested by the Land Development Land Responsibilities Committee. Policy Motion Council Policy F -9, "Financing Capital Improvements Ayes x x x x x Y on Undeveloped Land," was amended. Absent x 6. A report was presented from the City Attorney re- Parkin garding a proposed reduction in annual parking permit Permit fees for senior citizens. A proposed resolution amending fees and re- estab- lishing a parking permit system for the use of parking spaces in City parking lots and in certain Motion K off- street parking meter zones, providing for reduced Ayes K x x x x N parking permit fees for senior citizens, was referred Absent x back to staff to provide for controlling conditions. 7. The District No. 2 appointment to the Bicentennial Bicen- Motion x Citizens Advisory Committee was removed from the tenr Ayes K x x x x I table; and Mayor McInnis' appointment of Richard H. Citize Absent x Pauley was confirmed. Adv Cn CURRENT BUSINESS: 1. A report was presented from the Water Committee Water regarding future water supply in connection with conservation of energy. A report was presented from the City Attorney re- garding AB 1395 restricting water closet capacities in new buildings. Volume 29 - Page 162 EX ons ing n loped g Fees Lial ms ite COUNCILMEN MINUTES ROLL CALL \pN \� \c \Z \=2\A \pm\ July 28, 1975 Motion The Parks, Beaches and Recreation Commission was K x x x x requested to develop a policy for Council review on ent x water conservation covering both daily operations and planning for future needs; the Mayor was directed to send a letter supporting AB 1395 relating to water quantity restrictions on water closets; and Reso- lution No. 8561, declaring August 10 - 17, 1975 as "Better Water for Newport Beach Week," was adopted. 2. A report was presented from the Parks, Beaches and Recreation Director submitting a list of proposed new recreation programs. Parks, Beaches and Recreation Director Cal Stewart gave a brief staff report. Motion x Councilman Ryckoff made a motion to table the matter, Ayes x which motion failed to carry. Noes C x x x Absent x Motion K The Parks, Beaches and Recreation Department's new Ayes x x x X recreation programs were approved. Noes x Absent x 3. A report was presented from the Marine Department regarding maintenance dredging harbor permit ap- plication No. 124 -3300 for JJAK Corporation at 3300 Via Lido. Marine Tidelands Coordinator Glen Welden briefly addressed the Council. Motion x The matter was postponed to August 11 for a pre - Ayes x x x x x Y sentation by the dredging company. Absent x 4. A letter from the Chairman of the Arts Commission was presented advising that Jean Tandowsky, who had been appointed to fill the unexpired term of Betty Mason Campbell, is unable to serve as an Arts Commissioner. Motion x. Joan Evans was appointed to fill the unexpired term Ayes K x x x of Jean Tandowsky, ending June 30, 1977. Absent x CONSENT CALENDAR: Motion x The following items were approved by one motion affirming Ayes x x x x x 2 the actions on the Consent Calendar: Absent x 1. The following ordinance was introduced and set for public hearing on August 11, 1975: Proposed Ordinance No. 1629, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20.07.040 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO THE OPEN SPACE OPTION REQUIREMENT OF THE RESIDENTIAL DEVELOPMENT STANDARDS, Planning Commission Amendment Is No. 448. (A report from the Community Development Director was presented.) Volume 29 - Page 163 INDEX R -8561 PB &R Harbor Permit/ JJAK City Arts Comsn Residential Development Standards 0 -1629 COUNCILMEN \jtCICAS�.� r zy ROLL CALL y Jul 28 1975 2. The following ordinance was introduced and passe second reading on August 11, 1975: Proposed Ordinance No. 1630, being, AN ORDINANCE THE CITY OF NEWPORT BEACH ADDING SECTION 5.04.021 TITLE 5 OF THE NEWPORT BEACH MUNICIPAL CODE, ENT] "WAIVER," providing for the Council, at its disci to waive the Business License permit fee in hard: cases. (A report from the City Attorney was pre sented.) 3. The following resolutions were adopted: Resolution No. 8562 authorizing the Mayor and Cif Clerk to execute an agreement between the City of Newport Beach and the Orange County Harbors, Beac and Parks District for lifeguard services in the unincorporated areas. (A report from the Marine Department to the City Manager was presented.) Resolution No. 8563 authorizing the Mayor and C" Clerk to execute an architectural services agreez between the City of Newport Beach and Picker Arc] tects in connection with the proposed utilities service yard. (A report from the Public Works Di ment was presented.) 4. The following communications were referred as in- dicated: Referred to the City - School Liaison Committee, a letter to the Mayor from Newport -Mesa Unified Scl District agreeing with the need for a Bicycle Sa; Program and stating this will be made a part of i high school Safety and Driver Education Program. Referred to staff for report back, letter from Westsail Corporation asking for permission to usi Corona del Mar beach as a starting point for the: singlehanded race on Sunday, August 31st. Referred to staff for reply, letter from Halstea Pembroke regarding his application for an oil an( lease in the Semeniuk Slough area in West Newport Referred to Pending Legislation Committee, lette from City of Santa Ana asking for Council support its position in opposition to the "Nuclear Power Plants Initiative." 5. The following communications were referred to th City Clerk for filing and inclusion in the recor A letter to the Mayor from Edith Bewley expressii her appreciation for the beautiful Fourth of Jul; fireworks display. A letter to the Mayor from Senator Dennis E. Car regarding AB 306 and 307, both relating to publi employee organizations. Volume 29 - Page 164 MINUTES I to OF TO TLED etion, hip Y hes y tent d- :part- INDEX Business License 0 -1630 Lifeguard Services R -8562 Utilities Service Yard R -8563 Bicycle tool Trails ety :he Boat Race the .r I M. Oil Lease l gas Nuclear of Power Plants Is: Ig F renter COUNCILMEN \1\6101 \ \�G_9\\ ROLL CALL \0 4WV\4WYZ'% \�F\ July 28, 1975 Copy of a letter to the Planning Commission f • Balboa Island Improvement Association regard: violations of the R -1.5 building restriction: Balboa Island. Copy of a letter from the Bridge Action Team Board of Supervisors asking for the Board's > went of the campaign for prompt replacement > Pacific Coast Highway Upper Bay Bridge in Nei Beach. Copy of a letter to the Mayor from the Coroni Chamber of Commerce expressing their support Bridge Action Team '76 and enclosing a resol> adopted by the Chamber which requests the Cii request immediate action of the State in acct with recommendations of the Bay Action Team A letter from Lisa Tiffany Harr protesting a future expansion of the airport. Letters to the Mayor from Dr. John T. Chiu ai Clinton Rygel, and a letter to Council from I Mrs. E. Thomas protesting the lifting of the curfew at Orange County Airport. A resolution of the Irvine Ranch Water Distr . approving proposed membership of additional in Newport - Irvine Waste - Management Agency, 1 the City of Newport Beach. A letter from Newport Police Employee's Asso expressing their disappointment with the sal, fringe benefit negotiation process. (A repor the City Manager with survey data was presen i I Copy of a letter to Supervisor Ralph Clark r nudity. Letter from the City of Seal Beach giving th organization of its Council. Memorandum from the Intergovernmental Coordi Council Legislative Liaison Advisory Committ listing resolutions received since June 30, Notice of hearing before the Public Utilitie mission on the applications of Orange Coast Seeing Company, Town Tour (Funbus) Co., Inc. Gray Line Tours to extend their operations u their Certificates of Convenience and Necess Interim Opinion on the applications of Pacif Telephone and Telegraph before the Public Ut Commission for a rate increase. Agenda of the Board of Supervisors meetings 15, 16, 22 and 23, 1975. Volume 29 - Page 165 MINUTES '.rom .ng on to the �ndorse- >f the >port L del Mar for the ition :y to )rdance '76. ly id 4r. and night Lct antities icluding :iation iry- t from ,ed.) agarding a re- lating =_e 1975. S Com- Sight- and The ader ity. is ilities held July INDEX COUNCILMEN \$\06401- \ \c\'1a CITY OF NEWPORT BEACH ROLL CALL 0" � 2 2 ap r July 28 1975 6. The following claims were denied and the City Cler referral to the insurance carrier was confirmed: Claim of Ralph James Roach, Jr., et al, alleging defamation of character, false imprisonment and violation of civil rights in connection with an incident which occurred in the City of Westminster June 18, 1975. Summons and Complaint of Eleanor K. Kingsley in connection with her claim for personal injuries alleging injuries to ankle and knee caused by trip on a hole in the pavement in front of the mailboxe on the curb in front of the Corona del Mar Post Office. 7. The following requests to fill personnel vacancies were approved: (A report from the City Manager wa presented.) Two Firemen to fill positions now vacant. One Key Punch Operator in the Finance Department t fill a position to be vacant. One Groundsman Gardener I in the Parks, Beaches ar Recreation Department to fill a position now vacar • One Laborer in the General Services Department to fill a position now vacant. One Emergency Equipment Dispatcher in the Police Department to fill a position to be vacant. 8. The following staff, commission and committee repc were received and ordered filed: A report from the City Arts Commission advising tt the Commission had elected L. A. Reday as Chairmar and Howard Morgridge as Vice Chairman and Treasure for the fiscal year 1975 -76. A report from the Community Development Department advising that the Planning Commission had elected Beckley as Chairman, Jacqueline Heather as 1st Vic Chairman, Ray E. Williams as 2nd Vice Chairman anc James M. Parker as Secretary for the fiscal year 1975 -76. A letter from the Litter Control Citizens Advisor} Committee advising of absenteeism on the Committee required by Resolution No. 8527, Section (c). A report from the Community Development Department regarding Planning Commission action on Amendment . 446, a request initiated by the City of Newport Bf to amend portions of Districting Maps No. 18, 19, 20, and amending Section 20.12.060(c) of the Munic Code, so as to establish an increase in rear yard setbacks on properties adjacent to Buck Gully. Volume 29 - Page 166 MINUTES INDEX k's Claims Roach on Kingsley ping s 8 0 d t. its at r Don e , as No. ach and ipal City Arts Comsn Ping Comsn Litter Control Citizens Adv Cmte Buck Gully Setbacks COUNCILMEN j?k i 2 mO POLL CALL �y ! 2 0 CITY OF NEWPORT BEACH Julv 28. 1975 MINUTES INDEX Offshore Mooring Fees Ford Rd Widening Sound Amplifying Permit A report from the Marine Department regarding the Joint Harbor Committee's recommendation on the offshore berthing concept. 9. The work for the widening of Ford Road from Jamboree Road to MacArthur Boulevard, Contract No. 1600, was accepted; and the City Clerk was authorized to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been filed. (A report from the Public Works Director was presented.) 10. The Sound Amplifying Equipment Permit Application of Robert MacDonald to use amplifiers for a musical concert in the Little Theater at Corona del Mar High School on July 29, 31, August 1 and 2, 1975 was approved. 11. The following Budget Amendments were approved: BA -2, $758,555 decrease in Unappropriated Surplus and an increase in Budget Appropriations & Revenue Estimates for Salary Increases, Health and Life Premium Increase, and Additional Reimbursement for CETA Employees due to Salary Increases, and increase in Federal Grants Revenue, General Fund. BA -3, $47,800 decrease in Unappropriated Surplus and an increase in Budget Appropriations and Revenue Estimates for Salary Increases, Health and Life Premium Increase, and Additional Reimbursement for CETA Employees due to Salary Increases, and increase in Federal Grants Revenue, PB &R Fund. BA -4, $21,405 decrease in Unappropriated Surplus and an increase in Budget Appropriations and Revenue Estimates for Salary Increases, Health and Life Premium Increase and Additional Reimbursement for CETA Employees due to Salary Increases, and increase in Federal Grants Revenue, Library Fund. BA -5, $74,445 decrease in Unappropriated Surplus and an increase in Budget Appropriations for Additional Retirement Contributions due to Salary Increases and Reimbursement for CETA Employees, and increase in Federal Grants Revenue, Retirement Fund. BA -6, $34,075 decrease in Unappropriated Surplus and an increase in Budget Appropriations for Salary Increases, Health and Life Premium Increase, and Additional Retirement Contribution due to Salary Increases, Water Fund. BA -7, $105 decrease in Unappropriated Surplus and an increase in Budget Appropriations and Revenue Estimate for Salary Increase, Health and Life Premium Increase, Additional Retirement Contribution due to Salary Increase and Reimbursement for CETA Employee, and increase in Federal Grants Revenue, Marinapark Fund. BA -8, $600 increase in Budget Appropriations for Purchase of Five Surfboards from Parks & Recreation, Volume 29 - Page 167 INDEX Offshore Mooring Fees Ford Rd Widening Sound Amplifying Permit COUNCILMEN 13 \0t1 9p \ "a CITY OF NEWPORT BEACH MINUTES OLL CALL \N \s \vRPZ\AOAO\ July 28 1975 INDEX Reserve for Surfboards to PB &R -Adm, Equipment, N.O.C., Park & Recreation Fund. (A report from the Parks, Beaches and Recreation Director was presented.) BA -9, $87,500 transfer of Budget Appropriations, transfer of Gas Tax Fund for expenditures of main- tenance ($80,000) under Section 2107 S & H Code and for engineering services ($7,500) under Section 2107.5 S & H Code, from Unappropriated Surplus, State Gas Tax Fund to General Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter from Jack W. Barcus regarding the placement Litter Motion of unsolicited advertising matter upon private pro - Ayes x x x x perty was referred to staff for a report back to Absent x Council. Mayor McInnis adjourned the meeting at 9:34 P.M. Motion The meeting was reconvened. Ayes x x x x Absent x Marvin Blum, Marinapark resident, requested Council to Marinaparl reconsider their decision not to revoke Michael Levinson's permit for a 24 -foot wide trailer in Marinapark. None of the Councilmen voting on the prevailing side wished to make a motion for reconsideration. Motion The meeting was adjourned at 9:45. Ayes x x x x Absent x Mayor ATTEST: City Clerk Volume 29 - Page 168