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HomeMy WebLinkAbout05/29/1973 - Regular MeetingROLL CA u Present Motion Ayes Motion Ayes Motion Ayes Motion Ayes • COUNCILMEN CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7;30 P.M. Date: May 29, 1973 x I :x, ,x.x;xjx, I i i I I x xixjx'Ixl Ea MINUTES A stitchery banner depicting various aspects of the City was presented to the Council by the 7th Grade Art Class of Horace Ensign School, under the direction of Art Director Pam Wilks. Mayor McInnis presented a proclamation to Mrs. Lowell Erenstoft declaring the week of June 4 -10, 1973 as Re- cycling Week. x1x1 Roll Call. I The reading of the Minutes of the Regular Meeting of May 7 and the Adjourned Meeting of May 21, 1973 was waived, said Minutes were approved as written and ordered x� x filed. 1 The reading in full of all ordinances and resolutions under consideration was waived, and the City Clerk was directed x'I x', to read by titles only. i I I HEARINGS: 1. Mayor McInnis opened the public hearing by Order of the City Council, regarding Variance Application No. 1030 of Sterling H. Wolfe, Jr. , to construct a duplex that exceeds the floor area limitations in the R -2 District in order to provide driveway approaches to subterranean garages and to provide additional parking on property located at 6204 West Ocean Front, Newport Beach, approved by the Planning Com- mission on May 3. A report was presented from the Community Develop- ment Department. Applicant Sterling Wolfe, Jr. and Margot Skilling addressed the Council in favor of the variance. The hearing was closed. The decision of the Planning Commission was sus- tained, and Variance No. 1030 was granted. 2. Mayor McInnis opened the public hearing, by Order of the City Council, regarding Modification Application No. 648 of Carl C. Hillgren requesting a modification of the Zoning Ordinance to permit the construction of a single family dwelling that encroaches to the front property line (where the Districting Map indicates a 10 foot front yard setback) in the R -1 District, Volume 27 - Page 116 INDEX Var 1030/ Wolfe Mod 648/ Hillgren ROLL CALL • Motion Ayes • Motion Ayes • COUNCILMEN x i I ix,, j xxxjx' i I ; LLI i i ;x' j xl CITY OF NEWPORT BEACH MINUTES 1973 INDEX located at 3611 Ocean Boulevard, approved by the Modification Committee on May 1. A report was presented from the Community Develop- ment Department. A petition bearing 266 signatures opposing the pro- posed building was presented with letters from Spencer Crump, David Stroud, A. D. and Dorothy Edouart opposing any building on the site. Thomas Woodruff, attorney representing several homeowners in the area, addressed the Council and asked that consideration be given to purchase of the proposed construction site by the City for park purposes. Mr. Woodruff was granted an additional minute for his presentation. The following people spoke opposing construction of a building on the site: Robert Shelton, George Hall, Myra Ellis, J. W. Kern and Duncan Stewart. The following people spoke in favor of the proposed construction: Gregory Harris representing the appli- cant, Barbara Bennett, Peggy Spiess and Herb Brownell architect for Mr. Hillgren. Carl Hillgren, applicant, addressed the Council. Councilman Store made a motion to continue the hearing to June 25 and to direct the staff to work at full speed in the interim to get information on the feasibility of public purchase of this property as well as the property on either side. Councilman Kymla requested Councilman Store to accept an amendment to his motion to continue the hearing for two weeks, subject to the condition that a progress report be presented at that time, and if it appears that no funds will be available for the acquisition of the property in question, then the applicant should be allowed to proceed, which amend- ment was accepted by Councilman Store. A vote was taken on Councilman Store's amended motion, and the hearing was continued to June 11 with the conditions as stated above. Volume 27 - Page 117 COUNCILMEN \%\VCV N A 0 ROLL CALL N N (y( Pm CITY OF NEWPORT BEACH Mav 29. 1973 MINUTES INDEX • 3. Mayor McInnis opened the public hearing in connection with Ordinance No. 1500, being, Specific Plan District AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 20.41 TO THE I NEWPORT BEACH MUNICIPAL CODE, ENTITLED "SPECIFIC PLAN DISTRICT, Planning Commission Amendment No. 373, authorizing the preparation of "Specific Plans" and providing for their implementation. A report dated May 7 from the Community Develop- ment Department was presented. No one desired to be heard. Motion I x The hearing was closed. Ayes xxxxxxx Motion x Ordinance No. 1500 was adopted. Ayes xxxxlxxx i 4. Mayor McInnis opened the public hearing regarding Balboa consideration of an eight- month's extension of Ordi- Peninsula • nance No. 1490, an emergency interim zoning ordi- Bldg nance prohibiting the issuance of all building permits Moratorium for all construction on the Balboa Peninsula except for permitted uses in the R -1 and R -1. 5 Districts and exempting the C -1 District. A report was presented from the City Attorney. The following people spoke in favor of continuing the moratorium: Harry Kemp, Elaine Linhoff, Barbara Eastman, Steve Barnes, Layton Stanton, Allan Beek and Tom Hyans. Motion x Mr. Kemp was granted an additional five minutes for Ayes x x x x xx x his presentation. The following people spoke in opposition to the extension of the moratorium: Goldie Joseph, Gil - bert W. Ferguson, Blackie Gadarian and John Konwiser. Motion x The hearing was closed. Ayes xxxxxxx • Emergency Ordinance No. 1501, being, AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT BEACH EXTENDING ORDINANCE Volume 27 - Page 118 COUNCILMEN PC' \(y O \!� �ROLL CALL N w ( CITY OF NEWPORT BEACH May 29 1973 MINUTES INDEX I NO. 1490 PROHIBITING THE ISSURANCE OF • BUILDING PERMITS FOR ALL CONSTRUCTION ON THE BALBOA PENINSULA EXCEPT FOR PERMITTED USES IN THE R -1 AND R -1. 5 DISTRICTS AND EXEMPTING THE C -1 DIS- TRICT, Motion x was amended and adopted. Ayes xxxx xx Noes x 5. Mayor McInnis opened the public hearing regarding Dover Dr the closing of the north roadway of Dover Drive at Closure Irvine Avenue. A report was presented from the Public Works Director. A letter signed by four residents stating that con- ditions have improved tremendously since the tem- porary closure was presented. Bradley K. Schwarz and Al Brigham addressed the Council in favor of the closure. It n x The hearing was closed. A s xxxxxxx Motion x The Public Works Director was directed to perma- Ayes xxxxxxx nently close the northerly side of Dover Drive at Irvine Avenue. CONTINUED BUSINESS: 1. A report was presented from the City Attorney 38th St regarding City -owned property on 38th Street between Property River and Lake Avenues. Motion x The leasing of the property on a month -to -month Ayes xxxxxxx basis was approved. Z. A report was presented from the Public Works Assessment Director regarding alley improvement on the Balboa Dist 54 Peninsula (Assessment District 54). Motion x The General Services Department was directed to Ayes xxxxxxx install asphalt fillets within the alley right -of -way to improve access to private garage approaches. • 3. The Residential. Growth Element and the Land Use General Element of the Newport Beach General Plan were Plan considered. Volume 27 - Page 119 COUNCILMEN 0a 0 O ROLL CALL O v 9 m CITY OF NEWPORT BEACH May 29, 1973 MINUTES INDEX A report from the Community Development Depart- ment outlining the revisions referred by the City Council to the Planning Commission and the Planning Commission's recommendations regarding the revisions was presented. A letter from the Citizen's Environmental Quality Control Advisory Committee enclosing a copy of a resolution adopted by the Committee regarding resi- dential growth was presented. Letters were received after the agenda was printed j from Edith Leinau and Larry Knutsen in favor of down zoning and a copy of a letter from the Newport Resi- dents United to the South Coast Regional Commission requesting denial of permits which will result in increased density. It was agreed that each of the proposed revisions of the elements would be discussed and voted on sepa- rately: Land Use Element: Motion x The Council's revision regarding advisory groups was Ayes xlx x x x x x reaffirmed. An x The Council's revision regarding the 10 year budget Ayes x x x x x x x projections was reaffirmed. Motion x The Planning Commission's recommendation regarding Ayes x x x x x x x West Newport Harbor was approved. Motion x The Planning Commission's recommendation regarding Ayes xxx x x x Marinapark was approved. Motion x The Council's revision regarding Beacon Bay was Ayes xxxxxxx reaffirmed. Motion x The Planning Commission's recommendation regarding Ayes xxxxxxx architectural design criteria was approved. Motion x The Planning Commission's recommendation regarding Ayes xxxxxxx the Balboa Bay Club site was approved. Motion x The Planning Commission's recommendation regarding Ayes xxxxxxx the vacant site northwest of Upper Bay was approved. Residential Growth Element: The Planning Commission's recommendation regarding 10 year budget projections in connection with the Motion x effect of residential growth on support systems was Ayes xxxxxxx approved. Volume 27 - Page 120 COUNCILMEN \Cco P �p ?i O ROLL CALL r v pa vi O CITY OF NEWPORT BEACH Mav 29., 1973 MINUTES INDEX on x The Planning Commission's recommendation regarding x x x x x x x residential development was approved. The Planning Commission's recommendation regarding Motion x individual and unique characters of neighborhoods Ayes xxxxxx x was approved. I I The Planning Commission's recommendation re- Motion I x garding the figures on the estimated housing type Ayes x xxxxxx breakdown was approved. Motion x The Planning Commission's recommendation re- Ayes xxxxxxx garding Statistical Area A -1 was approved. Motion x The Planning Commission's recommendation re- Ayes xxxxxxx garding Statistical Area A -2 was approved. Motion x Councilman Kymla made a motion to approve the Planning Commission's recommendation regarding Statistical Division B. Motion x Councilman Ryckoff made a substitute motion to add Ayes x the words "for the present, " which motion failed to Noes xxxxxx carry. xxxxxxx A vote was taken on Councilman Kymla's motion, which motion carried. The Planning Commission's recommendation re- Motion x garding the area east of the Newport Pier was ap- Ayes xxxxxxx proved. Motion x The Planning Commission's recommendation re- Ayes xxxxxxx garding Statistical Division C was approved. IThe Planning Commission's recommendation re- Motion x garding Statistical Division D in connection with Ayes xxxxxx commercial zones and the Newport Harbor Yacht Noes x Club was approved. The Planning Commission's recommendation re- Motion x garding Statistical Division D in connection with Ayes xxxxxxx Open Space Districts was approved. Motion x The Planning Commission's recommendation re- Ayes xxxxxxx garding Statistical Areas F -2, 3 and 4 was approved. Motion x The Council's revision regarding Statistical Areas Ayes xxxxxx F -5, 6, 7 and 8, as amended, was reaffirmed. n x The Council's revision regarding Statistical Division Ay s xxxxxxx G was reaffirmed. The Planning Commission's recommendations re- Motion x garding Statistical Division H, as amended by Council Ayes xxxxxxx man Ryckoff, were approved. Volume 27 - Page 121 COUNCILMEN P� F� p0 c+ O N xo3ON%o"ao ROLL CALL T P a N C yC �^ MINUTES INDEX ! The Planning Commission's recommendation re- le!tion x garding the Balboa Bay Club site, Statistical Division Ayes x x x x x x x H, was approved. Councilman Kymla made a motion to approve the Planning Commission's recommendation regarding Statistical Division J. Motion x Councilman Ryckoff made a substitute motion to Ayes x x x x x reaffirm the Council's revision as amended, which Noes x x motion carried. The Council's revision regarding Statistical Division Motion x K was reaffirmed with the same amendment applied Ayes x x x x x x x to Statistical Division J. Motion x The Planning Commission's recommendation re- Ayes x x x x x x garding The Bluffs, Statistical Division K, was Noes x approved. Ed Hirth, representing the Bluffs Association, ad- dressed the Council in support of limiting the density in the Bluffs to the same density as the surrounding area. Councilman Ryckoff made a motion to amend the City Council's revision for Statistical Division L the same as in Statistical Division J and K. Larry Moore, General Planning Administrator, as- dressed the Council regarding density in Newport Center. Motion x Mr. Moore was granted an additional two minutes for Ayes x x x x x x x his presentation. Motion x Councilman Croul made a substitute motion to re- Ayes x x x x affirm the City Council's revision for Statistical Noes x x x Division L as presented, which motion carried. Motion x Appropriate development standards will be applied Ayes x x x x x x x to the existing zoning. Roy Wells, representing VTM, inquired about the down zoning of the William Dean parcel of land adjacent to the YMCA. Resolution No. 7985, adopting the Residential Growth R -7985 Motion x Element of the General Plan, was adopted subject to �a x x x x x x x final adoption of the General Plan. Volume 27 - Page 122 ROLL CALL Non Aye s • Motion Ayes Motion Ayes Motion on Noes UNCILMEN CITY OF NEWPORT BEACH May 29, 1973 MINUTES INDEX Resolution No. 7986, adopting the Land Use Element R -7986 x of the General Plan, was adopted subject to the final K x x x x x x adoption of the General Plan. 4. Ordinance No. 1497, being, Npt Shores AN ORDINANCE OF THE CITY OF NEWPORT 0 -1497 BEACH ADDING CHAPTER 20.65 TO THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "SPECIFIC PLAN (NEWPORT SHORES), " Planning Commission Amendment No. 371, estab- lishing Specific Plan #4 on properties north of West Coast Highway between West Coast Highway and Newport Shores Drive and between the Santa Ana River and the Semeniuk Slough. A report was presented from the Community Develop- ment Department. Bob Brockman addressed the Council in opposition to the Specific Plan. John Shea, representing the Newport Shores Com- munity Association, addressed the Council in support of the Specific Plan. Ordinance No. 1497 was referred to the Planning x Commission for revision and to be brought back to x x x x x x x Council for reintroduction. 5. A report was presented from the Community Develop- Resub ment Department regarding inquiry of Charles W. and Procedures Doris B. Masters on Resubdivision procedures. The matter was referred to the Planning Commission x x x x x x x for public hearings. 6. A letter was presented from Richard A. Brown, Monterey attorney for Monterey Still (Giles Svehlek) asking for Still an amendment to their off -site parking agreement. Richard Brown, representing Giles Svehlek, addressed the Council. x Councilman Dostal made a motion to uphold the original off -site parking agreement. x Councilman Ryckoff made a substitute motion to grant x x the modifications for a three -month period at which x x x x x time the applicant would report back on his progress in obtaining the spaces requested, which motion failed to carry. Volume 27 - Page 123 COUNCILMEN P� Fp ?� ROLL CALL s v Pm AA Mot Aye Mot Aye Mot Aye CITY OF NEWPORT BEACH May 29, 1973 MINUTES INDEX x x x 'x x A vote was taken on Councilman Dostal's motion, x x which motion carried, and the original off -site parking agreement was upheld. 7. Resolution No. 7987, establishing a joint City Council- OrCo Planning Commission committee to study the Orange Growth County Planning Department's growth policy report, Policy ion x was adopted; and Mayor Pro Tern Rogers and Council- Ad hoc s xxxxxxx man Kymla were appointed as Council representatives Crate on the committee. R -7987 CURRENT BUSINESS: 1. A report was presented from the Public Works Bicycle Director regarding bicycle trails and facilities. Trails Resolution No. 7988, awarding Contract No. 1518 R -7988 for the construction of the Irvine Avenue bicycle trail to Hardy & Harper, Inc. , was adopted; the staff was authorized to have the Dover Drive -16th Street to Westcliff Drive trail and the Pacific View Drive - MacArthur to Lincoln School trail constructed with informal contracts; and the installation of bicycle parking facilities at Ocean Front and 36th n x Street and at the end of the 19th Street beach side - x x x x x x x walk were authorized. Z. Resolution No. 7989, calling for the dissolution of the Mosquito :ion x Orange County Mosquito Abatement District, was Abatement :s xxxxxxx adopted. Dist R -7989 3. A report was presented from the Public Works Director regarding the request of Don Koll Company, Encroach- Inc. , to permit structure foundations to encroach ment into Central Avenue and Via Oporto. :ion x The request was approved, subject to the execution s xxxxxxx of a hold harmless agreement satisfactory to the City Attorney. 4. A letter was presented from Dana H. Smith regarding So Coast Coastal Commission decisions regarding West New- Regional port. Cmsn Mayor McInnis presented a tape recording of the Regional Coastal Commission hearing on Dana Smith's three applications for duplexes in West Newport. Dana Smith addressed the Council. ' Margot Skilling, Blackie Gadarian and Lloyd Anthony addressed the Council regarding the Regional Coastal Commission. Volume 27 - Page 124 ROLL CAL n A Noes Motion Ayes • COUNCILMEN 2 L - FO �mN2NOfN�! pC` CITY OF NEWPORT BEACH May 29, 1973 MINUTES INDEX x The City Attorney was authorized to appear at the x x x x x x State Commission hearing on Dana Smith's appeal from the Regional Coastal Commission's denial of his applications, and to express the City's concern over zoning matters; and it was directed that one Councilman attend the hearing and attempt to correct the inaccuracies given at the Regional Commission hearing. CONSENT CALENDAR: x The following items were approved by one motion x x x x x x affirming the actions on the Consent Calendar: 1. The following ordinance was introduced and set for Mod Cmte public hearing on June 11, 1973: Proposed Ordinance No. 1502, being, AN ORDINANCE 0 -1502 OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 20.47.050, 20.47.060, 20.47.070, 20. 47. 080 AND 20.47. 100 OF CHAPTER 20. 47 OF THE NEWPORT BEACH MUNICIPAL CODE, PER- TAINING TO MODIFICATION COMMITTEE, Planning Commission Amendment No. 374. (A report from the Community Development Department . was presented. ) Z. The following resolutions were adopted: Resolution No. 7990 authorizing the execution of an Cannery amended off -site parking agreement between the City R -7990 of Newport Beach and Western Canners Company, Ltd. (A report from the Community Development Department was presented. ) Resolution No. 7991 expressing support for Assembly Pollution Bill 594; banning non - returnable or throwaway bev- R -7991 erage containers. Resolution No. 7992 designating an intersection at Stop Signs which vehicles are required to stop and directing the R -7992 Traffic Engineer to erect necessary stop signs (Court Street at 20th Street). (A report from the Public Works Director was presented. ) Resolution No. 7993 imposing parking restrictions in Street a certain area of the City in connection with the street Cleaning sweeping program established by Resolution No. 7097 R -7993 (Orange Street from Seashore Drive to Ocean Front). (A report from the Public Works Director was pre- sented.) I i Volume 27 - Page 125 COUNCILMEN CITY OF NEWPORT BEACH ROLL CALL r1 LJ • 3. 0 May 29, 1973 MINUTES Resolution No. 7994 awarding a contract for the installation of traffic signals at Newport Center Drive East -Santa Rosa Drive to Smith Electric Co. , Con- tract No. 1475. (A report from the Public Works Director was presented.) Resolution No. 7995 awarding a contract for the installation of certain traffic signals in the City of Newport Beach to Paul Gardner Corporation, Contract No. 1476. Resolution No. 7996 authorizing the execution of a license agreement � b��tw� x�Rgh�.2t of Pewport Beach and 011ie S. and jeRir Carden foathe operation of coin telescopes at various locations within the City of Newport Beach. (A report from the City Manager was presented.) Resolution No. 7997 authorizing the execution of a rental agreement between the City of Newport Beach and AllanFainbarg Properties covering rental of the second floor of the building at 414 32nd Street (Police Annex). (A report from the City Manager was pre- sented.) Resolution No. 7998 authorizing the execution of a rental agreement between the City of Newport Beach and J. Lafe and Jeanne C. Ludwig covering rental of building located at 503 32nd Street (City Hall Annex #2). (A report from the City Manager was presented. The following communications were referred as in- dicated: Referred to staff for reply, a letter from Lale Th regarding City employees making an inspection of their home. Referred to staff for reply, a letter from Woman's Civic League regarding pollution of Back Bay. Referred to staff for reply, a letter from Thomas L. Hall regarding traffic and other current problems. Referred to staff for reply, a letter from Mrs. Darrel Anderson endorsing the sign on the Cliff Drive church. Referred to staff for investigation and report back, a letter from J. L. and Wileeta Philbrick regarding "Outrigger Clubs" using the bay beaches. Referred to Transportation Plan, Citizens Advisory Committee, letter from Robert Hedden opposing bridges over Upper Newport Bay. Volume 27 - Page 126 INDEX TOPICS Traffic Signals R -7994 TOPICS Traffic Signals R -7995 Telescope Concession R -7996 City Hall R -7997 City Hall R -7998 Cliff Dr Sign Boat Storage Upper Bay Bridges COUNCILMEN pCi �.0 O � (� 4 \VO p3 2 O NA ROLL CALL T P 'P m � CITY OF NEWPORT BEACH Mav 29. 1973 MINUTES INDEX • Referred to Planning Commission, letters from Mrs. Wm. C. Thornton, Jr., Sharon Speights and Mrs. Density I it Robert J. Eastman regarding density. Referred to staff for reply, a letter from the Local Costa Mesa Agency Formation Commission regarding hearing on Sphere of June 13 on the determination of a sphere of influence Influence for the City of Costa Mesa involving properties within the city limits of Costa Mesa as well as unincorpo- rated territory adjoining the present city limits of Costa Mesa. 4. The following communications were referred to the City Clerk for filing and inclusion in the records: Letter from Dr. L. H. Glaser regarding construction of his new home and copy of letter from Community Development Department in reply. Letter from Fairview Families and Friends, Inc. urging that hospitals for the mentally retarded be kept open. Copy of a letter sent to Modifications Committee from Isabel Pease and copy of a letter sent to Shorecliffs • residents from Mrs. Edgar B. Witmer endorsing the proposed tennis court at 215 Evening Canyon Road. Copy of letter to Community Development Director from Daniel S. Connelly regarding residential growth on the Balboa Peninsula. Letter from John and Marjorie Shea regarding The Mustard Tree and copy of reply from Community Development Director. Copy of letter to Finance Director from Jack and Mischa Alward protesting their pier registration fee. Excerpt from Minutes of Board of Supervisors meeting Upper of May 9 regarding recommendations concerning Npt Bay appraisal of land in Upper Newport Bay. Excerpt from Minutes of Board of Supervisors meeting Upper of May 9 enclosing Status Report from Upper Newport Npt Bay Bay Field Committee. Excerpt from Minutes of Board of Supervisors meeting Upper of May 15 regarding proposed report in connection Npt Bay • with public easements over flood plain land and Upper Newport Bay Islands. Letter from Orange County Division, League of California Cities enclosing the Intergovernmental Relations Task Force Report. i Volume 27 - Page 127 COUNCILMEN pi P 3 \C"% nO� m i \V�0 ROLL CALL T� N CITY OF NEWPORT BEACH Mav 29. 1973 MINUTES INDEX • JFDivision, rom Duane Winters, Director, Orange County League of California Cities, attaching a list, of general and legislative items covered oard during its April meeting in Sacramento. ion of the City of Irvine urging the State Legis- Pollution aure o adopt legislation to alleviate the problem of litter and waste disposal created by the sale of beverages in disposable, nonreturnable containers. Resolution of the City of Irvine supporting AB 95 of Firearms the 1973 -74 session of the State Legislature relating to the punishment for felonies committed with fire- arms. Resolution of the City of Costa Mesa supporting the UCI UCI School of Medicine on- campus teaching hospital. Teaching Hospital Fourth Legislative Digest from League of California Cities. Report from California Taxpayers Association, en- titled "Revenue Sharing: A Second Look at the Presi- dent's Strategy." • The March, 1973 LARTS Letter. N. 0.1. S. E. Newsletter for February - March, 1973. CIR /OIM Newsletter for April, 1973. Greenbelt Program Report for.April, 1973. Agenda for Board of Supervisors meetings held May 8, 9, 15, 16, 22 and 23, 1973. Resolution of the Board of Supervisors regarding establishment of Upper Newport Bay as a wildlife preserve. Minutes of April 23, 1973 meeting of Intergovern- mental Coordinating Council of Orange Councy. Copy of letter to Local Agency Formation Commission from Richard Turner, Executive Officer of the Com- mission, enclosing staff report for a sphere of in- fluence for the City of Huntington Beach. • 5. The following claims were denied, and the City Clerk's Claims referral to the insurance carrier was confirmed: Claim of Keith R. Brown for damage to his pickup Brown truck, allegedly caused when it was struck by a City vehicle on April 10, 1973. j Volume 27 - Page 128 COUNCILMEN 'ROLL CALL T 9 vN �` 9C F CITY OF NEWPORT BEACH May 29, 1973 MINUTES INDEX • Claim of James Roberson for return of personal property and loss of use, alleging seizure of personal Roberson property incident to his arrest by Newport Beach Police Department on or about November 10, 1972. Claim of John F. Weller for damage to his property Weller at 2908 Cliff Drive, Newport Beach, on March 15, 1973 when a sewer line stopped. Claim of Josephine Irene Brose for damage to her Brose car on May 1, 1973 while it was parked in the parking lot of Lido Hair Fashions at 3424 Via Lido, Newport Beach, where it was allegedly struck by a vehicle belonging to the City. Claim of Mrs. Barbara Lindquist for property damage Lindquist at 424 Seville Avenue, Balboa on April 16, 1973, allegedly caused by a City trash truck. Claim of Tamara Jo Tamietti for damage to her auto- Tamietti mobile, allegedly caused when it was hit by a City vehicle on April 22, 1973 while parked in the vicinity of 30th Street. Claim of California Skin Diving Schools for refund of Calif Skin • license fee. Diving Schools. 6. The following requests to fill personnel vacancies were approved: (A report from the City Manager was pre - sented) One Assistant Civil Engineer in the Public Works Department to fill position now vacant. One Engineering Aide II in the Public Works Depart- ment to fill a position now vacant. One Laborer in the General Services Department to fill a position now vacant. Three Police Officers to fill positions now vacant. One Equipment Mechanic II in the General Services Department to fill a position now vacant. One Tree Trimmer I in the Parks, Beaches & Recre- ation Department to fill a position now vacant. One Police Emergency Equipment Dispatcher to fill • a position now vacant. j I lVolume 27 - Page 129 ROLL CAL • • • COUNCILMEN 9C' fc p0 � P O N-1 �p 2i m 22 O �a O CITY OF NEWPORT BEACH Mav 29. 1973 MINUTES INDEX sa 7. The following staff reports were received and ordered filed: Report from City Attorney regarding Pending Legis- Pending lation. Legislati Report from City Attorney entitled, "Vested Rights. " Vested Rights Report from City Attorney, entitled "CC &R's - The CC &R's City's Role. " 8. The Preliminary Budget as prepared by the City Budget Manager for the fiscal year 1973 -74, pursuant to Section 1102 of the Newport Beach City Charter, was set for public hearing on June 11, 1973. 9. The following Harbor Permits were approved, subject Harbor to prior approval of the U.S. Corps of Engineers, and Permits to the special conditions recommended by the Marine Safety Department: Application of Carlton Forge Works to revise Harbor Carlton Permit 175 -108 to replace the existing single slip and Forge pier platform with a "T" shaped float and redesigned Works pier platform at 108 Via Lido Nord. (A report from the Marine Safety Department was presented.) Application 124 -3400 of Eastman -Koll Company Eastman. (Llatteras Marina) requesting major revisions to the Kell existing marina facilities bayward of Via Lido in Company central Newport encompassing 840 linear feet of bay frontage. (A report from the Marine Safety Depart- ment was presented. ) 10. The expense account of Mayor McInnis for attendance at the Mayor's and Councilman's Legislative Con- ference in Sacramento on May 13 -16, 1973 was ap- proved. 11. The plans and specifications for Mariners Library Mariners Parking Facilities, C -1529, were approved, and the Library City Clerk was authorized to advertise for bids to be Parking opened at 2:00 P.M. on June 13, 1973. (A report Facilities from the Public Works Director was presented. ) 12. The plans and specifications for Jamboree Road Jamb Rd Widening of the Southbound Lanes Between Ford Road Widening and San Joaquin Hills Road, C -1524, were approved, and the City Clerk was authorized to advertise for bids to be opened at 11:00 A. M. on June 12, 1973. (A report from the Public Works Director was pre- sented.) Volume 27 - Page 130 sa COUNCILMEN ROLL CALL • • • CITY OF May 29, 1973 MINUTES 13. The plans and specifications for Big Canyon Reservoir Service Road Improvements, C -1525, were approved, and the City Clerk was authorized to advertise for bids to be opened at 11:30 A. M. on June 12, 1973. (A report from the Public Works Director was presented., 14. The plans and specifications for Street Resurfacing Program Westcliff Area 1972 -73, C -1528, were approved, and the City Clerk was authorized to advertise for bids to be opened at 11:00 A. M, on June 13, 1973. (A report from the Public Works Director was presented. ) 15. The plans and specifications for Tennis Court Lighting at Newport Harbor High School, C -1516, were ap- proved, and the City Clerk was authorized to advertise for bids to be opened at 10:00 A. M. on June 15, 1973. (A report from the Parks, Beaches and Recreation Director was presented.) 16. The following Budget Amendments were approved: BA -70, $400 increase in Budget Appropriations to acquire 4 new surfboards for summer instruction program, from Reserve for Surfboard Acquisition to Parks, Beaches & Recreation -Self Supporting- Equip- ment, N. O. C., Park and Recreation Fund. (A report from the Parks, Beaches and Recreation Director was presented. ) BA -71, $97, 000 increase in Budget Appropriations and an increase in Revenue Estimates for increased TOPICS allocation ($74, 960) and contributions from Costa Mesa ($7, 360) and the Irvine Company ($14,680) thru cooperative agreements, from Unappropriated Surplus, for Public Works, Matching Funds- TOPICS Program, Contributions Fund. BA -72, $18, 000 increase in Budget Appropriations for matching funds for TOPICS Program, from Unappropriated Surplus to Public Works, Matching Funds - TOPICS Program, State Gas Tax Fund. BA -73, $4, 675. 00 increase in Budget Appropriations and an increase in Revenue Estimates, Orange County contribution toward construction of Irvine Avenue bicycle trail, from Unappropriated Surplus to Bicycle Trails -Ford Road and Irvine, General Fund. Volume 27 - Page 131 INDEX Big Canyon Reservoir Sery Rd Impry Street Resurfacing W estcliff Harbor Hi Tennis Court Lighting COUNCILMEN CITY OF NEWPORT BEACH CO + A �( N O p ROLL CALL � T p Mav 29. ] 973 MI A) M1 Ay Al MI A) M A) N( M A, 4 MINUTES INDEX ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report was presented from the City Attorney Police regarding official Police tow truck service. Tow Truck Service A proposed ordinance, being, I AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 5.15 TO TITLE 5 OF THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "REGULATION OF NEWPORT BEACH POLICE OFFICIAL POLICE TOW TRUCK SERVICE, " )tion I x was continued to June 11, 1973. es xxxxxxx ADDITIONAL BUSINESS: )tion x 1. Bonsai Instruction and Chinese Cooking were approved PB &R es xxxxxxx as new Parks, Beaches and Recreation programs to be implemented this summer. Z. A minute resolution supporting the Governor's Tax Taxes Initiative Senate Constitutional Amendment 12 was n xi adopted; and the Mayor was directed to write a letter xxxxxxx to the appropriate legislators. 3. A minute resolution supporting Senate Bill 594, General extending the time by which zoning ordinances must Plan )tion x be consistent with the General Plan, was adopted; and es xxxxxxx the Mayor was directed to write a letter to the appropriate legislators. I 4. Councilman Ryckoff made a motion to refer a letter Edison from the Citizens' Environmental Quality Control Company Advisory Committee regarding the Committee's HB - EIR recommendations concerning Environmental Impact Report submitted by Southern California Edison Com- pany for the expansion of its Huntington Beach gen- erating station to the Board of Supervisors, League of California Cities and to all Orange County cities. 3tion Ix Councilman Croul made a substitute motion to con - "es ;x ! x x xi tinue the matter to June 11 for review and report les x; I xi i I back, which motion carried. Aion x The meeting was adjourned at 2:06,a. m. in memory of 'es xxxxxxx Alan McInnis. Mayor Volume 27 - Page 132 ATT` . /%