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Home My WebLink About08/09/1971 - Regular MeetingCOUNCILMEN CITY OF NEWPORT BEACH MINUTES REGULAR COUNCIL MEETING 3 t� ao s o� o0 o Place: Council Chambers 22 oF�� oc "�9Pn Time. 7:30 P. M. %r 90 oy Date: August 9, 1971 ROLL CALL P e: g INDEX Present xxxx x x Roll Call: sent x Mr. D. R. Lazzara, District Manager of the Automobile Club of Southern California, Costa Mesa, presented an American Automobile Association Pedestrian Safety Inventory award of a Special Citation for Casualty Record to Captain J. L. Parker, who received the award on behalf of the City. Motion x The reading of the Minutes of the Adjourned Meeting of Ayes xxxx x x August 2, 1971 was waived, and said Minutes were Absent x approved as written and ordered filed. HEARINGS: 1. Mayor Hirth opened the public hearing in connection Rear Yard with Ordinance No. 1398, being, Setbacks AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20.08. 150 OF THE NEWPORT BEACH MUNICIPAL CODE TO REVISE REQUIREMENTS PERTAINING TO REAR YARD SETBACKS, -. Planning Commission Amendment No. 289, pertaining to rear yard setbacks in residential districts having alleys to the rear of lots or building sites. A report was presented from the Acting Community Development Director. Motion x No one desired to speak from the audience. The Ayes xxxx x x hearing was closed. Absent x Motion''' x Ordinance No. 1398 was adopted after the reading of Ayes xxxx x x the ordinance was waived by unanimous consent of Absent x the Council. 2. Mayor Hirth opened the public hearing in connection Dist with Ordinance -No. 1399, being, Map 1 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 1, Planning Commission Amendment No. 296, request from Patrick O'Connor to change the zoning of Lots 7 and 8, Block 4 of Seashore Colony Tract located at 209 and 211 Cedar Street at the southwest corner of • Cedar Street and Newport Shores Drive from a C -1 -H District to an R -2 District. Volume 25 - Page 223 COUNCILMEN /22 CF �'' pG rN ��9 9N �' i l Z anii cnii m CITY OF NEWPORT BEACH August 9. 1971 MINUTES Motion K No one desired to speak from the audience. The 4es sent x x x x x x hearing was closed. Motion x Ordinance No. 1399 was adopted after the reading of Ayes xxxx ' x x the ordinance was waived by unanimous consent of Absent x the Council. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1400, being, Bid Pr: AN ORDINANCE OF THE CITY OF NEWPORT Str BEACH ADDING CHAPTER 12.66 TO THE NEWPORT BEACH MUNICIPAL CODE TO PRO- VIDE FOR THE APPLICATION OF CALIFORNIA VEHICLE CODE TO PRIVATE STREETS, was presented for second reading. Motion x Ordinance No. 1400 was adopted after the reading of Ayes ICKKK xx the ordinance was waived by unanimous consent of Absent x the Council. 2. Ordinance No. 1401, being, Re •AN ORDINANCE OF THE CITY OF NEWPORT C An BEACH AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIRE- MENT SYSTEM, was presented for second reading. Motion x Ordinance No. 1401 was adopted after the reading of Ayes KKXK xx the ordinance was waived by unanimous consent of Absent x the Council. CONTINUED BUSINESS: 1. A report was presented from the Council Committee Sp4 to Approve Arguments for Special Municipal Election. Bo E1 Resolution No. 7504, authorising the Mayor to file R- Motion x a written argument for a Civic Center bond measure, Ayes x x x x x x was adopted after the reading of the resolution was Absent x waived by the unanimous consent of the Council. • Volume 25 a Page 224 INDEX Canyon vate sets :irement itract Lendment :cial ad action 7504 COUNCILMEN ROLL CALL CITY OF NEWPORT BEACH August 9, 1971 MINUTES INDEX Ki 2. A report was presented from Stone & Youngberg, Special municipal financing consultants, regarding tax rate Bond • statement for Civic Center Financing Election. Electior Resolution No. 7505, designating tax rate statement 7505 Motion x for bond election, was adopted after the reading of Ayes xxxx x x the resolution was waived by unanimous consent of Absent x the Council. 3. A report from the Acting City Attorney re Cassel v, Cassel/ City was presented with a letter from Jack Toon Sidewall approving the planting replacing a portion of the sidewalk in question. Motion x The report was ordered filed. Ayes xxxx xx Absent x CURRENT BUSINESS: 1. A report was presented from the Parks, Beaches and Olympic Recreation Director regarding proposed amendment Pool to Council Policy I -6, entitled "Instructional Recreation Activities ". Council Policy I -6, entitled "Instructional Recreation • Activities ", was amended to add the following paragraph: "An amount of $1. 00 from each swimming instruction registration fee and 25� from each Motion x recreation swim fee be set aside in a fund to Ayes xxxx x x reimburse the General Fund contribution to the Absent x Olympic Swimming Pool Fund. " 2. A letter from The Irvine Company was presented Annex. requesting that the City take appropriate action to annex the area of land referred to as Harbor View Hills Annexation Phase V to the City of Newport Beach, with a-report from the Acting Community Development Director. Resolution No. 7506, approving the annexation to the R -7506 City of certain uninhabited territory contiguous to the City of Newport Beach and known as Annexation Motion x No. 76, Harbor View Hills - Phase V, was adopted Ayes Xxxx x x after the reading of the resolution was waived by Absent x unanimous consent of the Council. • Volume 25 Page 225 - Ki COUNCILMEN $. �' P 1 C1 \Ir �< O yj,9C�JZ ROLL CALL ^ CITY OF NEWPORT BEACH August 9, 1971 MINUTES INDEX ;r. of iia RECESS for 5 minutes was called by Mayor Hirth. • The Council reconvened with all members present except Councilman Croul who was absent. 3. A report from the Harbor and Tidelands Administra- Boat for regarding requests for overnight boat storage by Storage outrigger clubs in the area, was presented with Outriggq letters requesting the overnight storage for outrigger Canoes canoes from Imua Outrigger Club and Newport Outrigger Club. Mayor Pro Tern Rogers made a motion to approve the requests of the Imua and Newport Outrigger Clubs Motion x for overnight storage for their canoes. .. John Kamalani, representing the Newport Outrigger Canoe Club spoke from the audience. Ayes Xxxx x x Vote was taken on Mayor Pro Tern Rogers' motion, Absent x which motion carried. 4. A letter was presented from the League of California League Cities asking that Council designate a voting repre- Califon sentative and an alternate voting representative for Cities • the business sessions of the Annual League Conference in San Francisco. - Mayor Hirth was designated as voting representative Motion X and Mayor Pro Tern Rogers as alternate voting Ayes X Xxx x x representative for the business sessions of the Absent x Annual League Conference in San Francisco. 5. A letter from the State of California, Division of Pacific Highways, showing dates and places set for public Coast hearings relating to changes in the State Highway Freewa System and soliciting recommendations or comments in the form of oral presentations at the hearings or by submission of written statements was presented with a report from the Public Works Director regard- ing functional classification of State highways. The matter was referred to discretion of the Freeway Motion x Negotiating Committee to prepare and make the pre - Ayes KXXK x x sentation for the deletion of the Route I Freeway as Absent x ordained by the citizens of Newport Beach. 6. A report was presented from the Transportation Plan Traffic Citizens Advisory Committee regarding Transporta- Study tion Study. • Volume 25 - Page 226 ;r. of iia COUNCILMEN iy`y c�c �9�n %9 asy c' r< ROLL CALL CITY OF NEWPORT BEACH August 9, 1971 MINUTES INDEX ct- ng Councilman Dostal made a motion to approve the Citizens Advisory Committee request to initiate the Transportation Study and the staff was directed to negotiate a contract with Alan M. Voorhees and Motion x Associates, San Diego for Phase I of the Study. Mrs. Robert M. Searle spoke from the audience. RECESS for 5 minutes was called by Mayor Hirth. The Council reconvened with all members present except Councilman Croul who was absent. A vote was taken on Councilman Dostal's motion in Ayes xxxx x x connection with the Transportation Study, which Absent x motion carried. 7. Councilman Parsons gave a report regarding Redistri Councilmanic Redistricting Study Committee ing recommendations. The boundary plan recommended by the Study Committee was accepted and the Acting City Attorney Motion x. was instructed to prepare the enabling ordinance for Ayes xxxx x x introduction on August 23, pursuant to Section 1005 �bsent x of the City Charter. 8. A report was presented from the Harbor and Tidelands Boat Administrator regarding boat launching at 26th Street. Launchi Area Resolution No. 7507, adding 26th Street to the list of R -7507 street ends designated as boat launching areas, was adopted after the reading of the resolution was waived by unanimous consent of the Council; and the Motion x recommendations of the Harbor and Tidelands Ayes x x x x x Administrator regarding changes in the barricade Absent x were commended. CONSENT CALENDAR: Motion x The following items were approved by one motion affirm - Ayes x x x x x ing the actions on the Consent Calendar: Absent x 1. The following Advisory Communications were ordered filed: Letters received since August 2 protesting develop- Promon- ment of Promontory Point from Mrs. Don Bowlus; tory Mr. and Mrs. Donald E. Hayes; Lorne Huycke, Point Myrtle M. Huycke, Frank Huycke; Marian A. Sibley; • Mrs. Helen McAllister; Mr. Alan L. Blum; and Mrs. J. Homer Jones; and telegram from Mr. and Mrs. Paul Penberthy. Volume 25 - Page 227 ct- ng COUNCILMEN �4,�POS off+ °09 yy� cF iN 9 PN y ( 9 ROLL CALL CITY OF NEWPORT BEACH August 9, 1971 MINUTES INDEX ters o ent Letter from Jerry Fridenberg protesting the Boat • ordinance banning dinghy storage at street ends. Storage Letter from Mary Davis protesting increase in Water water rates. Letter from Mrs. Marshall T. Martin suggesting Animal that ordinance banning dogs from the beaches either on be enforced or rescinded. beaches Letter from John R. Fox protesting routine patrols Police by police helicopters after 10:30 P. M. Helicop Letters supporting the Newport Beach City Council's Pacific position on the Coast Freeway from William W. Leak Coast and Harold Bowers. Freewa Letter from the City of Anaheim stating the position of the City Council on the proposed Orange County Growth and Development Strategy Program. Copy of letter to Board of Trustees, Orange County Orange Mosquito Abatement District from District Manager, County Orange County Mosquito Abatement District regard- Mosquil ing Mosquito Control Status Report - Plans for Abatem Emergency Action re Venezuelan Equine Encephalo- • myelitis, enclosing copy of news release, California Morbidity report and pamphlet pertaining to V. E. E. Copy of Fifth and Final Legislative Digest provided Legis. by League of California Cities. Digest Copy of the Application of Davey's Locker, Inc. before the Public Utilities Commission of the State of California for authorization to adjust rates of fare for the transportation of passengers by vessel between Newport Beach and Avalon, Santa Catalina Island. Agenda of Orange County Board of Supervisors meetings held July 27, August 3 and 4, 1971. Notice from Local Agency Formation Commission of determination to be made without notice and hearing on August 11, 1971 regarding proposed annexation to the Costa Mesa Sanitary District designated Engin- eer's No. 137, located southerly of Paularino Avenue and easterly of Babb Street. Letter and questionnaire from City of Riverside Air • regarding proposed Air Pollution Seminar with reply Pollutio from Harbor and Tidelands Administrator. Volume 25 - Page 228 ters o ent COUNCILMEN 3��osoa°ov yy� ROLL CALL \p 9 PN qy CITY OF NEWPORT BEACH August 9, 1971 MINUTES INDEX nd Copy of letter to Public Works Director from West • President, West Newport Beach Improvement Newport Association urging immediate remedial action with gas odor respect to the noxious gas problem in the Balboa Coves area with reply from the Public Works Director. Letter from Suzanne Maltz urging preservation of Upper natural resources such as Upper Newport Bay. Newport Bay 2. The following communications were referred as indicated: Referred to staff for reply, letter from Mrs. F. L. Bicycles Vander Linden regarding installation of stop sign on Balboa Boulevard and bicycle traffic on sidewalks. Referred to Mayor for action and disposition, copy of OrCo letter from Chairman, Nominating Committee, Orange League County League of Cities regarding list of candidates of Cities to fill three executive positions of the Division. Referred to staff for inclusion in general plan work Master program budget report to be presented at August 23 Plan Study Session, letter from President, Newport . Harbor Chamber of Commerce urging that cost esti- mates be obtained and sufficient funds be allocated for proceeding with development of the City Master Plan. Referred to staff for reply, letter from The California State State Library requesting assistance in building the Library State Library's collection of local government publications. Referred to Transportation Plan Citizens Advisory State Committee, letter from State Department of Public Freeway Works regarding its new policy on freeway and trans- Policy portation planning intended to bring local governments and citizens further into the decision - making process, and attached copy of the new policy statement. Referred to staff for reply, letter from Bob Anderson Bay Isla expressing appreciation for the great improvement garbage shown by the Bay Island Club and the manner in which bins the trash and garbage is now being handled. 3. The following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: Volume 25 - Page 229 nd COUNCILMEN 3 �� 9G � C9 GO 9 yy� C� ROLL GALL CITY OF NEWPORT BEACH August 9, 1971 MINUTES INDEX Resolution No. 7508 prohibiting the parking of Parking vehicles on portion of Marguerite Avenue between the Prohibition • hours of 3:00 P.M. and 6:00 P.M. daily. (A report R -7508 from the Public Works Department was presented.) Resolution No. 7509 prohibiting the parking of Parking vehicles on portions of Birch, Dove and Quail Streets,. Prohibition and Campus Drive, for street sweeping. (A report R -7509 from the Public Works Department was presented.) Resolution No. 7510 limiting the parking of vehicles Parking on portions of Balboa Boulevard and Island Avenue. Prohibition (A report from the Public Works Department was R -7510 presented.) Resolution No. 7511 designating intersection at which Yield sign/ vehicles are required to yield right of way and direct- 47th and ing Traffic Engineer to erect necessary yield sign. River (A report from the Public Works Department was R -7511 presented.) Resolution No. 7512 awarding a contract for Alley Alley Impr Improvements - Corona del Mar Area, 1971 -72 CdM (C -1336) to R. W. McClellan & Sons, Inc., Costa 1971 -72 Mesa, California in the amount of $108,092. 30. (A R -7512 • report from the Public Works Director was presented.) Resolution No. 7513 requiring traffic on Santa Barbara Santa Barb - to stop before entering or crossing Jamboree Road. ara /Jamb (A report from the Public Works Department was Rd stop sign presented.) R -7513 4. The following claim for damages was denied, and the City Clerk's referral to the insurance carrier was confirmed: Claim of Dudley R. Furse for damage to his garage Furse door on July 25, 1971 allegedly caused by a City vehicle. 5. The award of Shorecliff Road, Combined Projects, Shorecliff Contract No. 1328, was deferred to the meeting of Road August 23, 1971. (A report from the Public Works Combined Director was presented.) Projects ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report was presented from the Public Works St Impr/ Director regarding street improvements between Npt Shores Newport Shores Drive and Pacific Coast Highway. Dr - PCH • Volume 25 - Page 230 COUNCILMEN 'y 3 c J'`9 �9j. ROLL CALL CITY OF August 9. 1971 NEWPORT BEACH MINUTES INDEX Motion x The staff was directed to oil the unpaved portion of es x x x x x x Pacific Coast Highway between Highland Avenue and sent x 61st Street and the connecting streets from Pacific Coast Highway to Newport Shores Drive, and to do it with all due haste. It was agreed that the staff would contact the State regarding the possibility of State installation of pave- ment widening, curbs, and gutters along Pacific Coast Highway. It was further agreed that new developments in the area strictly adhere to the requirement that a develop- er construct permanent street improvements as a condition of development in either of the following ways: (a) The developer shall actually construct the streets; or (b) The developer shall deposit sufficient funds to cover that portion that can be collected and the street improvement put in at a time when it can reasonably be done in larger amounts than one lot at a time. • 2. A letter from the Irvine Terrace Homeowners' Under- Association requesting priority for establishing ground underground utility district for El Paseo Drive Utilities ( Bayside Drive to Pacific Coast Highway) and Bayside Motion x Drive (El Paseo Drive to Marine Avenue) be expedited Ayes xxxx x x to begin work on this project was referred to Under - Absent x ground Utilities Coordinating Committee. 3. A report from the City Manager requesting approval Personne: Motion x for the following personnel vacancies was referred to Vacancies Ayes xxxx x x the City Manager for review and report back at the Absent x next Council meeting: Assistant to the Finance Director to fill a position to be vacant on August 23, 1971. Recruitment and appointment of a Steno -Clerk II to fill a position to be vacant as soon as a replacement can be found, Appointment of two Police Officers to fill positions now vacant. Appointment of a Laborer to fill a position now vacant. • Volume 25 - Page 231 COUNCILMEN ?i 1-9 . c)O� y� 9 c�NPZ O` O`%N°2 ROLL CALL w CITY OF NEWPORT BEACH August 9, 1971 MINUTES INDEX Appointment of a Refuse Crewman to fill a position • now vacant. Recruitment and appointment of a Marinapark Attend- ant to fill a position to be vacant on September 6, 197L_ Mayor Pro Tem Rogers referred to Item 3 under Contin- Cassel/ -- ued Business regarding Cassel v. City and changed his Sidewal Motion x motion, with the consent of the Council, to direct the Act - Ayes x x x x x x ing City Attorney to send an official reply to Mrs. Howard Absent x Mansur and Mrs. Betty Hart who had made an inquiry to the Council on July 26, and file letters and report. ADDITIONAL. BUSINESS: 1. City Council Policy L -4 concerning private streets Private Motion x was amended to include the following: Street Ayes xxxx x x Policy Absent x Vehicle Code Enforcement Consideration will be given by the City Council for police enforcement of the Vehicle Code on private street systems when the following condi- tions have been met: • The city has received a formal request in compliance with the Vehicle Code. The request is accompanied by a written report and recommendations from both the Police Chief and Traffic Engineer. If the City Council decides to approve the -request, the following minimum conditions shall apply: All applicable provisions of the Vehicle Code shall be enforced. All non- standard traffic control devices shall be removed by the applicant, e. g. , bumps, traffic signs, and traffic striping. All unnecessary sight obstructions and encroachments shall be removed. Planning Commission Review The Planning Commission shall consider the recommendations of the Police Department in all tentative map or use permit proceedings where • a private-street system is proposed. Volume 25 - Page 232 COUNCILMEN ?it9500q 4 '� 0 9 0 9 y ?i G P� O A ROLL CALL CITY OF August 9, 1971 NEWPORT BEACH MINUTES IAIM1 V Motion x The meeting was adjourned at 8:40 P. M. es xxxx xx sent x Mayor r ATTEST: r ` City \LR LCl c1 - k • Volume 25 - Page 233