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Home My WebLink About03/27/1972 - Regular MeetingCOUNCILMEN ROLL CALL Present Wsent Motion Ayes Absent Motion Ayes Absent • Motion Ayes Absent Motion Ayes Absent CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: March 27, 1972 MINUTES INDEX I x x x x Roll Call. x x The reading of the Minutes of the Regular Meeting of C x x x x March 13, 1972 was waived, said Minutes were approved X as written and ordered filed. x The reading in full of all ordinances and resolutions under i x x x x consideration was waived, and the City Clerk was directed x to read by titles only. HEARINGS: 1. Mayor Hirth opened the public hearing regarding Plan- Hart ning Commission Amendment No. 310, which was View approved by Planning Commission Resolution No. 747, PC I amending the Parking requirements for Areas 8 and 13 of the Harbor View Hills Planned Community Regu- lations (Amendment No. 5); Area 8 located north of San Joaquin Hills Road between existing MacArthur Boulevard and new MacArthur Boulevard, and Area 13 located south of Ford Road, east of new MacArthur Boulevard; pursuant to Municipal Code Section 20.51.070. No one desired to be heard. X The hearing was closed. • x x x x x Resolution No. 7651, amending the Planned Com- R -7f x munity District regulations for the Harbor View Hills • x x x x Planned Community (Planning Amendment 310), was x adopted. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1431, being, Spec Com AN ORDINANCE OF THE CITY OF NEWPORT dat BEACH, CALIFORNIA, ORDERING, CALLING, Mun PROVIDING FOR AND GIVING NOTICE OF A Elec SPECIAL ELECTION TO BE HELD IN SAID CITY ON JUNE 6, 1972, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY CERTAIN PROPOSITIONS TO INCUR BONDED INDEBTEDNESS BY SAID CITY Volume 26 - Page 73 or Hill s Ast 51 iai ioli- ed Lcipal tion COUNCILMEN Z ��oc� ROLL CALL CITY OF NEWPORT BEACH March 27, 1972 MINUTES INDEX ig ig FOR A CERTAIN MUNICIPAL IMPROVEMENT, AND ORDERING THE CONSOLIDATION OF SAID ELECTION WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON SAID DATE, was presented for second reading. Motion x Ordinance No. 1431 was adopted. Ayes xx xxxx Absent x Z. Ordinance No. 1432, being, Parkin AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12. 44. 020 OF THE NEWPORT BEACH MUNICIPAL CODE TO INCLUDE 32ND STREET, NORTHERLY SIDE BETWEEN LAFAYETTE AVENUE AND VILLA WAY, IN PARKING METER ZONE 5, was presented for second reading. Motion x Ordinance No. 1432 was adopted. layes xx xxxx bsent x ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1433, being, In -liex Parkin AN ORDINANCE OF THE CITY OF NEWPORT Fees BEACH ADDING SECTION 12.44. 125 TO THE NEWPORT BEACH MUNICIPAL CODE TO PROVIDE FOR COMMERCIAL IN -LIEU PARKING FEES, providing for new businesses to purchase annual parking permits for a fee of $250 per space for off - site parking in nearby City lots in lieu of providing required on -site parking, and exempting established businesses, was presented with a report from the City Attorney. Motion x Ordinance No. 1433 was introduced and passed to Ayes xx xxxx second reading on April 10, 1972. Absent x • Volume 26 - Page 74 ig ig COUNCILMEN ROLL CALL CITY OF NEWPORT BEACH March 27, 1972 MINUTES INDEX • CONTINUED BUSINESS: 1. A report was presented from the Public Works Bicycle Director regarding "Bicycles to the Beach" program. Trails Motion x The plans and specifications were approved for the Ayes x x xxxx cpnstruction of a bicycle pathway along Jamboree Absent x Road between Eastbluff Drive and Coast Highway and for the widening of the sidewalk along Dover Drive between Cliff Drive and a point 450 feet northerly of Coast Highway; the City Clerk was authorized to advertise for bids to be opened at 11:00 A. M. , April 14, 1972; the City Attorney was directed to prepare an ordinance for the meeting of April 10 to amend Section 12. 56. 140 of the Municipal Code to allow for the operation of a bicycle on the sidewalk along por- tions of Jamboree Road, Eastbluff Drive and Dover Drive; and the City Attorney was directed to prepare an ordinance for the meeting of April 10 to establish bicycle lanes along portions of Cliff Drive, Riverside Drive, Eastbluff Drive and Vista Del Sol. 2. A letter from Robert Hemstreet, Western Director of Special the Economic Development Council of Indian Nations, Event/ • requesting exemption from the Special Event fee for Indian an Indian arts and crafts exhibit at rashion Island on Nations April 21 -23, was presented with a report from the City Attorney. Motion x The request for waiver of permit fee in connection Ayes xx xxxx with subject Special Event exhibit and auction was Absent x denied. The Council decided to pay for the Special Events fee out of their own pockets. 3. A report was presented from the Public Works Depart Parking ment regarding administration of City -owned parking Lots lots. Resolution No. 7652, 'establishing parking fees and R -7652 Motion x regulations for the use of City parking lots and Ayes xx xxxx repealing Resolutions No. 7376 and No. 7460, was Absent x adopted. CURRENT BUSINESS: 1. A letter was presented from Curtis A. Herberts Cliff Dr requesting an encroachment permit, or some other Encroach v alternative arrangement, for use of the City -owned ment Volume 26 - Page 75 COUNCILMEN �< PO y�o �oNa ROLL CALL 0 CITY OF NEWPORT BEACH March 27, 1972 MINUTES INDEX property between the street and his property line adjacent to 2949 Cliff Drive in connection with the proposed construction of a new garage, driveway and landscaping. Curtis Herberts spoke from the audience. Motion x The matter was referred to staff for study and report Ayes x x xxx back on April 24. Noes x Absent x 2. A report was presented from the Public Works Assessmt Director regarding Assessment District 54 (Alley Dist 54 Improvements in Newport Heights and Balboa), Con- tract No. 1415. Roland Landrigan, representing the Newport Heights Association, spoke from the audience and thanked Council for their time and patience in working with the residents on the Assessment District. Herbert Thompson spoke from the audience regarding cost per lot. Otion x The City's contribution of Assessment District No. 54 rsyes x x x x x x in the total estimated amount of $73, 000 was approved, Absent x and the following resolution was adopted: Resolution No. 7653 awarding a contract to the R -7653 Griffith Company in the amount of $191, 927. 21, for the work in Assessment District No. 54, pur- suant to the Improvement Act of 1911. 3. A report was presented from the Public Works Water Director regarding the Water Main Replacement in Main Newport Heights Area, 1971 -72, Contract No. 1368. Replacemt/ Npt Hts Resolution No. 7654, awarding the contract for the R -7654 Motion x Water Main Replacement in Newport Heights Area, Ayes x x x x x x 1971 -72, Contract No. 1368, to Gallacher Co. , Inc. , Absent x in the amount of $178, 656. 20, was adopted. 4. A report was presented from the Public Works Bank of Director regarding request of Bank of Newport to Newport/ install a temporary sign in the parkway on 16th Street Parkway west of Dover Drive. Sign tion x The installation of a temporary sign in the parkway s x x xxx on 16th Street west of Dover Drive was approved; and . stain x the following resolution was adopted, subject to the Absent x Volume 26 - Page 76 ROLL CALI Motio. Ayes Abser • Motio Ayes �bser COUNCILMEN CITY OF NEWPORT BEACH March 27, 1972 MINUTES condition that 1) no part of the sign may be closer than 5 feet to the existing curb face, 2) the sign must conform to all applicable regulations except location, and 3) the Bank will maintain the sign and remove the sign at no cost to the City within 30 days after written notice is given by the City: Resolution No. 7655 authorizing execution of -an Indemnity Agreement between the City of Newport Beach and the Bank of Newport in connection with temporary sign at 16th Street and Dover Drive.. 5. A report was presented from the Community Develop- ment Department regarding Tentative and Final Map of Tract 7770, subdividing 14. 773 acres into five lots for commercial development, portion of Block 50, Irvine's Subdivision, located on the west side of MacArthur Boulevard, southerly of Corinthian Way, in "Newport Place. " The Tentative Map of Tract 7770 was approved, sub- ject to the conditions recommended by the Planning Commission; the Final Map of Tract 7770 was ap- proved, subject to the conditions recommended by the Planning Commission; and the following resolution . was adopted: Resolution No. 7656 authorizing the execution of an agreement with Emkay Development Company, a Joint Venture, Subdivider, for the construction of improvements in Tract 7770. 6. A report was presented from the Community Develop- ment Department regarding Tracts 7432, 7510 and 7511, located on the northerly side of San Joaquin Hills Road westerly of Spyglass Hills Road in Harbor View Hills, in connection with request of William O. Lusk to amend a condition of approval so as to per- mit the construction of residential structures which. are sound attenuated to achieve an average maximum interior noise of 60 DBA instead of the previously approved 56 DBA level. The construction of residential structures which are sound attenuated to achieve an average maximum interior noise of 60 DBA instead of the previously ap- proved 56 DBA level, in Tracts 7432, 7510 and 7511 was approved, subject to the conditions recommended by the Planning Commission. Volume 26 - Page 77 INDEX R -7655 Tract 7770 R -7656 Tracts 7432, 7510 & 7511 COUNCILMEN o. 1 9 y3oA�nA ROLL CALL E Motion Ayes Absent • • v CITY OF NEWPORT BEACH March 27, 1972 MINUTES INDEX CONSENT CALENDAR: x The following items were approved by one motion affirming r x x x the actions on the Consent Calendar: 1. The following Advisory Communications were ordered filed: Letter from City of Brea advising of action by its Pacific Council concurring with the City of Costa Mesa in Telephone urging Pacific Telephone and Telegraph Company to Rates reconsider its proposed method of charge for business telephone service. Card from J. W. Doorbaugh opposing use of heli- copters for patrol. Letters from Cities of Garden Grove and Westminster Under - enclosing their resolutions urging the League of Cali- ground fornia Cities and the County Supervisors' Association Utilities of California to support an increase in the amount of funds now being set aside for undergrounding of existing utility lines. Letter from Winton Ashton regarding the sidewalk in Coronado front of his property at 309 Coronado, Balboa. St Sidewlk Letter from Charles Quintard regarding trash collec- tion. Letter from Liz G. Burdorf urging that the Back Bay be made a national wildlife refuge. Letters from Charles W. Amidon and Nancy Eigenaue urging preservation of the Upper Bay. Letter from Mrs. Joan N. Burwell enclosing a book Fluorida- on fluoridation. tion Letter from Houston I. Flournoy, State Controller, indicating Newport Beach's share of Motor Vehicle License Fees ( "In- Lieu ") based on a population of 51, 000 to be $391, 629, and of Highway Users Tax as follows: #2106 - $238, 695, #2107 - $219, 717 and #2107. 5 - $7, 500. Minutes of the City Selection Committee of the Local Agency Formation Commission for March 9, 1972. Agenda of the Board of Supervisors meetings of March 14, 15, 21 and 22, 1972. Volume 26 - Page 78 COUNCILMEN ?i S'P5C�0'o y3OC9j�OOkQ J'(9 'PZ ROIL CAIt. '^ CITY OF NEWPORT BEACH March 27, 1972 MINUTES INDEX Letter from Community Cablevision Company giving CATV a progress report and enclosing the monthly sub- scriber report for February. Letter from City of Los Angeles regarding adoption Rapid by its Council of a report of its Ad Hoc Committee on, Transit Rapid Transit. Copy of Order of Civil Aeronautics Board dismissing Air Wes' application of Hilghes Air Corp. d /b /a Air West for permission for nonstop operations between Santa Ana and San Francisco. 2. The following communications were referred as indicated: Referred to Pending Legislation Committee for possi- Brown ble recommendation of a similar resolution, letter Act from City of Costa Mesa enclosing its resolution urging the Legislature of the State of California to govern themselves in conformity with anti - secrecy principles, in the conduct of all of their business as has been required of local agencies and state agencies • and stating the reasons therefor. Referred to staff for study and reply, letter from Traffic Bonnie M. Rawlings regarding traffic problem in vicinity of 18th Street and Balboa Boulevard. Referred to staff, letter from Mr. and Mrs. Robert Grand Butler regarding the condition of Grand Canal. Canal Referred to City Attorney for report, letter from M. Upper A. Sturges asserting that certain lands in the Upper Bay Bay have, by public use and passage of time, been dedicated to public usage, and asking that the City take appropriate action to establish this by judicial decree. Referred to Planning Commission, petition bearing Upper 36 signatures urging protection of Newport Bay by Bay regulating use of the land in the watershed which drains into the Bay and offering suggestions for such protection. 3. The following resolutions were adopted: • Resolution No. 7657 authorizing the execution of an agreement between the City of Newport Beach and Resub 309 R -7657 Volume 26 - Page 79 COUNCILMEN 3 �� Po y o o q Zy ?s'( ROLL CALL CITY OF NEWPORT BEACH March 27. 1972 MINUTES INDEX • William K. Stine and Anita C. Stine guaranteeing reservation of private easements, in connection with Resubdivision 309 (southwest corner of 28th Street and Balboa Boulevard). (A report from the Public Work's Director was presented.) Resolution No. 7658 authorizing execution of an agree Spygla: ment between the City of Newport Beach and Lang & Hill Wood, Landscape Architects and Environment Plan- Resery ners, for landscape services in connection with Spy- R -7658 glass Hill Reservoir site. (A report from the Public Works Director was presented.) Resolution No. 7659 requesting legislative represents Fairvi4 tives to introduce a bill to authorize a long term lease Hospit; of surplus state land of Fairview State Hospital. Proer R -79p59 Resolution No. 7660 authorizing certain Council mem- Special bers to file a written argument for a City measure in Consol connection with the June 6 Special Consolidated Park dated Bond Issue Election; for acquisition of sites and pro- Munici visions for open space in the amount of $3, 560, 000. RElect.c Resolution No. 7661 authorizing certain Council mem- Special • bers to file a written argument for a City measure in Consol connection with the June 6 Special Consolidated Park dated Bond Issue Election; for utilities, furnishings, and Munici equipment necessary or incidental thereto in the Electic amount of $2, 425, 000. R -7661 Resolution No. 7662 authorizing certain Council mem- Special bers to file a written argument for a City measure in Consol connection with the June 6 Special Consolidated Park dated Bond Issue Election; for future acquisition of sites Munici and provision for open space in the amount of Electic $3,000,000. R -7662 4. (a) The following claims for damages were denied, Claims and the City Clerk's referral of the claims to the insurance carrier was confirmed: Claim of Reginald English for damage to his property Englis: at 51721 Begonia Avenue, Corona del Mar, allegedly caused by a City contractor. Claim of Ken Allan for damage to his car on February Allan 26, 1972 when it was allegedly struck by a City vehicle in the alley behind 2816 East Coast Highway. Claim of James N. Starbird for personal injuries sus- Starbij tained on March 8, 1972 when he allegedly tripped over a crack in the sidewalk. Volume 26 - Page 80 E oir :w �l ty E pal n a pal n L_ pal n i 01 COUNCILMEN of ° ROLL CALL y \m 0 w 9 a 4 CITY OF NEWPORT BEACH March 27. 1972 MINUTES INDEX is aim ne Summons and Complaint for Damages of Marie J. Wall Wall. Summons and Complaint of Kenneth F. Nottle. Nottle Summons and Complaint for Damages, Malicious Hartelii Prosecution of Ebbe and Greta Hartelius. (b) The Application for Leave to Present Late Claim Late Cl and Claim for Personal Injuries of John Charles Rogers Rogers for alleged injuries in connection with his arrest on July 5, 1972, was denied. 5. The following requests to fill personnel vacancies were approved: (A report from the City Manager was presented.) One Building Maintenance Man I in the General Ser- vices Department to fill a position now vacant. One Laborer in the General Services .Department to fill a position now vacant. One Police Emergency Equipment Dispatcher to fill a • position now vacant. 6. The following staff reports were received and ordered filed: Opinion from the City Attorney regarding use of Emkai Or Co property for Continental and Aeronaves Airlines Airpor terminal facilities. Memorandum from the Harbor and Tidelands Adminis Tract trator to the City Manager regarding water discharge 7695 at the Lido condominium project. Memorandum from the Parks, Beaches and Recreatiori Fun Zoi Commission regarding the acquisition of the Fun Zone properties for park purposes. 7. The public improvements were accepted in conjunction Tract with Tract No. 7032, (Upper Harbor View Homes), 7032 located on Newport Hills Drive West, Port Renwick Place, Port Tiffin Place, Port Stanhope Place and Port Hemley Circle; The City Clerk was authorized to release Faithful Performance Bond No. 7105828 and to release the Labor and Materials Bond in six months provided no claims are filed. (A report from the • Public Works Director was presented.) Volume 26 - Page 81 is aim ne COUNCILMEN �i s'A2C+0'� c�A�� oc A� Ao oN yA sir �Ap ROLL CALL m CITY OF NEWPORT REACH March 27. 1972 MINUTES Wort' • 8. The Plans and specifications were approved for the Park Sea Miscellaneous Park Seal Coating Program, 1971 -72, Coating Contract No. 1431; and the City Clerk was authorized to advertise for bids to be opened at 11:00 a, m. on April 18, 1972. (A report from the Public Works Director was presented.) 9. The request of the Emkay Development Company for Newport an encroachment permit was approved to allow con- Place struction of one access point to encroach "Newport Place" from the westerly side of Jamboree Road as a temporary measure, subject to the condition that the access be removed and closed up when the northerly freeway frontage road has been constructed. (A report from the Public Works Director was pre- sented.) 10. The expense account of the City Manager was approve c, in the amount of $74. 00, for attendance at the League of California Cities City Managers Department's spring meeting held in Coronado, California on March 8 -10, 1972. 11. The following Budget Amendments were approved: • BA -56, $8, 500 transfer of Budget Appropriations for construction of a booth at the Corona del Mar State and City Beach Parking Lot and for installation of parking control system, from Unappropriated Con- tingency Reserve to Booth and Parking Control System at Corona del Mar Beach, General Fund. BA -57, $12, 000 transfer of Budget Appropriations for construction of a bicycle trail along Jamboree Road, Eastbluff Drive, Dover Drive, Riverside Drive, Cliff Drive, The Arches, Coast Highway, and Vista Del Sol from Landscape Jamboree Medians #18 -3315- 072 to Bicycle Trail, Gas Tax Fund. BA -58, $6, 000 transfer of Budget Appropriations for construction of a bicycle trail along Jamboree Road, Eastbluff Drive, Dover Drive, Riverside Drive, Cliff Drive, The Arches, and Coast Highway from Plans for Widening San Joaquin #19- 3315 -070 to Bicycle Trail, Gas Tax Fund. BA -59, $24, 000 increase in Budget Appropriations for replacement of water mains in Newport Heights alleys, Contract No. 1368, from Unappropriated Sur- • plus, Water Fund to Water Main Replacement Pro- gram, Water Fund. Volume 26 - Page 82 COUNCILMEN s(9 ROLL CALL ! CITY OF NEWPORT BEACH March 27. 1972 MINUTES INDEX es sl ie ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter from the West Newport Beach Improvement ComDev Association regarding the notice procedure and appeal Proce- system for property variances, use permits and re- dures zoning was presented. Motion x The staff was directed to bring the matter of notices Ayes x x x x x x and appeal procedures back at a Study Session within Absent x the next month for Council review. 2. A letter from the West Newport Beach Improvement Npt Shor Association regarding Newport Shores Park was Park Motion x ordered filed after it was determined that said park Ayes x x x x x x was inadvertently omitted from the interim park plan Absent x and would be reinstated. 3. A letter from the West Newport Beach Improvement West Npt Association requesting the area between Newport Street Boulevard and the Channel to be included in the "Clear Cleaning Parking Day" program in West Newport was presents Motion x The staff was directed to bring the matter back at the Ayes x x x x x x next Study Session and to prepare the necessary reso- &bsent x lution for the evening agenda. 4. A Notice from the County Sanitation District of its San Dist intention to amend County Sanitation District No. 7's Sewer Motion x Ordinance No. 711 was diaried to April 10 to give Charges Ayes xx x x x x the Council an opportunity to review said ordinance, Absent x and the staff was requested to send copies of the ordi- nance to the Council. ADDITIONAL BUSINESS: 1. Emergency Ordinance No. 1434, being, Newport Center AN EMERGENCY ORDINANCE OF THE CITY OF Bldg Hgt NEWPORT BEACH REQUIRING CITY COUNCIL Site Plar APPROVAL FOR THE ISSUANCE OF BUILDING 0 -1434 PERMITS IN BLOCKS 100 AND 200 OF NEWPORT CENTER AND THE REMAINDER OF THE NEW- PORT BEACH CIVIC CENTER SITE NOT IN- CLUDED IN ORDINANCE NO. 1371, was presented for introduction and adoption. Larry Moore, Associate Planning Administrator of The Irvine Company, spoke from the audience. Volume 26 - Page 83 es sl ie