The URL can be used to link to this page

Home My WebLink About06/11/1973 - Regular MeetingCOUNCILMEN CITY OF NEWPORT BEACH MINUTES REGULAR COUNCIL MEETING v� v ° Place: Council Chambers % N �° 3°� y n o °'P o Time: 7:30 P.M. ROLL Cai_i. T� '�,� N yr Pc^ Date: June 11, 1973 INDEX Present x x x x x x Roll Call. *ent x Motion x The reading of the Minutes of the Regular Meeting of Ayes x x x x x x May 9 was waived, said Minutes were approved as written Absent x and ordered filed. Motion x The reading in full of all ordinances and resolutions under Ayes x x x x x x 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, Mod 64 by Order of the City Council, regarding Modification Hillgre Application No. 648 of Carl C. Hillgren requesting a modification of the Zoning Ordinance to permit the construction of a single family dwelling that en- croaches to the front property line in an R -1 District, located at 3611 Ocean Boulevard. Gregory Harris, attorney representing the applicant, addressed the Council. Stewart Woodard spoke in favor of the proposed con- struction and presented a letter signed by eight resi- dents in the area approving the proposed building. The following people spoke urging acquisition of the site to protect the Inspiration Point view: Duncan Stewart, Robert Shelton and Myra Ellis. Motion x The hearing was continued to June 25, 1973; with the Ayes x x x x x x understanding that if substantial evidence of County Absent x and /or State participation in the acquisition of the property is not presented, the Council will allow the requested modification. Z. Mayor McInnis opened the public hearing regarding Var '10 the appeal of Mr. and Mrs. John Dye and Mr, and Dye /Pe Mrs. William Pells from the decision of the Planning Commission denying Variance No. 1031, request to permit the construction of a single family dwelling that exceeds the height limit in the 24/28 foot height limitation district; Lot 32, Block E, Tract 1219, located at 1201 Kings Road, on the south side of Kings Road easterly of St. Andrews Road in Cliff Haven, zoned R -1. • A report from the Community Development Depart- ment was presented with the appeal application. Volume 27 - Page 133 8/ n 31/ :lls ROLL CALL • Mot: Aye Abs Mot: Aye Noe Abs Mot: Aye Abs, 0 Noe Abs ot: Aye Abe, COUNCILMEN � 9p ml9.Pin T.. «.. 1 1 1 n94 MINUTES 1111 Iy A letter was received after the agenda was printed from Donald I. Huddleston opposing subject variance. Donald Wells and Roland Bertonneau addressed the Council in opposition to the proposed construction. .on x The hearing was closed. 3 xxxxxx ant x Councilman Kymla made a motion to reverse the decision of the Planning -Commission. .on x At the request of Ruby Bertonneau, Mayor Pro Tem 3 x x x x x Rogers made a substitute motion to reopen the 3 x hearing, which motion carried. ant x Ruby Bertonneau addressed the .Council in opposition to the proposed variance. .on x The hearing was closed. 3 xxxxxx ;nt x .on x The decision of the Planning Commission was over- 3 x x x x x ruled, and Variance No. 1031 was granted. 3 x :nt x . 3. Mayor McInnis opened the public hearing in connection Mod Cmte with Ordinance No. 1502, being, AN ORDINANCE 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, PERTAINING TO MODIFI- CATION COMMITTEE, Planning Commission Amendment No. 374, changing "Planning Department" to "Community Development Department, 11 establishing more formal procedures for Planning Commission and City Council review of Modification Committee decisions and deleting requirement of a filing fee when the Committee refers an application to the Planning Commission. No one desired to be heard. .on x The hearing was closed. 3 xxxxxx ;nt x Volume 27 - Page 134 COUNCILMEN P �P< C p N aA o3m oao ROLL CALL T P N w c 9� m CITY OF NEWPORT BEACH June 11, 1973 MINUTES INDEX i6ion x Ordinance No. 1502 was adopted. s xxxxxx Absent x 4. Mayor McInnis opened the public hearing regarding Budge the Preliminary Budget as prepared by the City Manager for the fiscal year 1973 -74, pursuant to Section 1102 of the Newport Beach City Charter. No one desired to be heard. Motion x The hearing was closed. Ayes xxxxxx Absent x Motion x Resolution No. 7999, approving the agreements R -795 Ayes xxxxxx negotiated by representatives of the Employee Associ- Absent x ations and the City representative, was adopted. Motion x Resolution No. 8000, fixing the annual salaries of the R -80C Ayes xxxxxx City Manager at $35, 000, the City Attorney at Absent x $29, 000 and the City Clerk at $17, 500, was adopted. Proposed changes in the Preliminary Budget were discussed, as follows: Won x Councilman Kymla made a motion to delete seven Ayes x x x Council chairs in the City Council budget, which Noes x x x resulted in a tie vote. Absent x Motion x Councilman Dostal made a motion to approve the Ayes x x x seven chairs, which motion failed to carry. Noes x x x Absent x Motion x It was agreed to take the chairs out of the budget and Ayes x x x x x to discuss them at a later date, so the matter was Noes x tabled. Absent x Motion x Mayor Pro Tern Rogers made a motion to approve Ayes x x x five staff chairs in the City Council budget, which Noes x x x motion failed to carry. Absent x Motion x The matter was tabled. Ayes xx xxx Noes x nt �e x Motion x A $700 increase in the Intergovernmental Coordinating Ayes x x x x x Council's annual dues was approved in the Non - Noes x departmental budget. Absent x Volume 27 - Page 135 COUNCILMEN 9� �` o jp 3 ? OG NA O ROLL CALL - 9 Ppo N (y( pR` 9 Tune 11. 1973 MINUTES INDEX tion x $1500 for the City Arts Committee Spring Arts s x x x x x Festival was approved in the Nondepartmental Noes x budget. Absent x Motion x $350 for the City Arts Committee miscellaneous Ayes x x x x x expenses was approved in the Nondepartmental Noes x budget. Absent x Motion x Mayor McInnis made a motion to disapprove a $625 increase in the Fire Department budget for five chairs. Motion x Councilman Store made a substitute motion to table Ayes x x x the matter, which motion failed to carry. Noes x x x Absent x Ayes x x x x x A vote was taken on Mayor McInnis' motion, which Noes x motion carried. Absent x Motion x Resolution No. 8001, adopting the Budget for the R -8001 Ayes x x x x x x 1973 -74 Fiscal Year, in the total amount of �ent x $17,507,315, was adopted. CONTINUED BUSINESS: 1. A proposed ordinance, being, Police Tow T AN ORDINANCE OF THE CITY OF NEWPORT Servic BEACH ADDING CHAPTER 5.15 TO TITLE 5 OF THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "REGULATION OF NEWPORT BEACH POLICE OFFICIAL POLICE TOW TRUCK SER- VICE, it requiring Certificates of Public Convenience and Necessity for tow truck operations, was presented. A report was presented from the Police Department. Al Graham, representing G & W Towing Service, addressed the Council. Motion x Mr. Graham was granted an additional five minutes Ayes x x x x x x for his presentation. bent x Motion x The ordinance was referred back to the City Attorney Ayes x x x x x x and the staff to be amended and to be brought back to Absent x Council on June 25. Volume 27 - Page 136 i ruck COUNCILMEN P�F� O� O O a X03 �'�Zp0 0 O ROLL CALL T v pa m 9t pF CITY OF NEWPORT BEACH June 11. 1973 MINUTES INDEX rt ny ,IR in :ss le 2. Planning Commission Amendment No. 369 and State- Newpo: • ment of Negative Declaration, regarding request of Place Emkay Development Co., Inc. to amend the Newport Place Planned Community to permit the rearrange- ment of Office Site #3 and Restaurant Site #2 and the reapportionment of land allotted to each, to reduce the allowable building area in Office Site #1 and #2, and to increase the permitted building area in Office Site #3A, in Newport Place, located south of Bowsprit Drive and west of MacArthur Boulevard, was pre- sented. A letter was presented from Emkay Development Company requesting continuance of the matter until after June 15. Motion x Consideration of the Newport Place Planned Com- Ayes x x x x x x munity amendment was postponed to July 9. Absent x 3. A report dated May 11 from the Citizens' Environ- Edison mental Quality Control Advisory Committee to the Compa City Council with recommendation concerning the HB - E Environmental Impact Report submitted by the Motion x Southern California Edison Company for the expansion s . x x x x x x of its Huntington Beach Generating Station was con- sent x tinued to July 9• CURRENT BUSINESS: 1. A letter from the Central Newport Beach Community Beach Association regarding the Corps of Engineers' 1973 Erosic sand haul and recommending that the City support the efforts of the Marine Division of the Chamber of Commerce in obtaining a commitment from the Corps of Engineers to build a Model Test Basin of the Upper Motion x and Lower Bay and Santa Ana River outlet for -long Ayes x x x x x x range studies was referred to the Joint Harbor Com- Absent x mittee for recommendation. 2. A letter was presented from Easter Sledge requesting Busine to be heard by the Council on June 11 concerning Licene alleged business license violations. Easter Sledge addressed the Council. Motion x Mr. Sledge was granted an additional five minutes Ayes x x x x x x for his presentation. ent x Jim Sinasek, License Inspector, gave a brief staff report. Margaret Moulton addressed the Council on Mr. Sledge's behalf. Volume 27 - Page 137 rt ny ,IR in :ss le COUNCILMEN P Q \CO OZO SA R01 1 r.. AI I T 9 s s C Tnoa 11 IQ7�k MINUTES INDEX tion x Mr. Sledge was granted a business license for the s x x x x x current year, with the cost to be covered by the fine Noes x he has already paid; and he is required to be licensed Absent x until such time as the Council changes the ordinance. 3. A letter was presented from the Orange County Reapp Division of the -League of California Cities regarding tionm adoption of a resolution in connection with reappor- tionment of legislative districts. Motion x The City's representative to Orange County League of Ayes x x x x x x California Cities was instructed to vote for the Absent x adoption of the proposed reapportionment resolution. 4. A report was presented from the Public Works Placer Director regarding Placentia Avenue widening Avenu southerly of Production Place to 16th Street. Widen. Resolution No. 8002, authorizing the execution of a R -800 cooperative financing agreement between the City of Newport Beach and the City of Costa Mesa for the widening of Placentia Avenue from 165 feet south of Motion x Production Place to 16th Street, was adopted; the Ayes x x x x x x plans were approved; and the City of Costa Mesa was Absent x authorized to advertise for bids. • CONSENT CALENDAR: Motion x The following items were approved by one motion affirming Ayes x x x x x x the actions on the Consent Calendar: Absent x 1. The following resolutions were adopted: Resolution No. 8003 authorizing the execution of a TOPI( reimbursement and right -of -entry agreement between Traffi the City of Newport Beach and The Irvine Company Signal for installation of certain traffic signals within the R -800 City of Newport Beach in connection with the TOPICS Program, at Newport Center Drive and Newport Center Drive East and West, Newport Center Drive and Santa Rosa Drive, San Joaquin Hills Road and Santa Cruz Drive and Big Canyon Drive. (A report from the Public Works Director was presented.) Resolution No. 8004 authorizing the execution of a Water contract to serve water outside the City to Armstrong R -800 Petroleum. • Resolution No. 8005 authorizing the execution of a Water contract to serve water outside the City to General R -800 Crude Oil Company. Volume 27 - Page 138 )r- ant tia .ng :S 9 3 4 3 COUNCILMEN ot co ?i O� \�PO ROLL CALL T v PN N 4 4 .Timc 11 1072 MINUTES ;xecution of a ity to Pacific ;xecution of a ity to Nicolai & :xecution of a ity to Orange •eferred as in- .ens Advisory Hills Home - �te traffic routes ;m M. J. Meehan mittee, letter tal Service lation of mail mittee, reso- ssting the League amittee on mittee, reso- xesting state v relating to the reation Com - ird regarding eferred to the the records: vending the Fire 'ficiency and ;ociation particularly 1 connection Home Tour and INDEX Water R -8006 Water R -8007 Water R -8008 Trans- portation Plan Bicycle Trails Mariners Park Tennis Courts Resolution No. 8006 authorizing the i contract to serve water outside the C View Memorial Park. Resolution No. 8007 authorizing the contract to serve water outside the C Christ. Resolution No. 8008 authorizing the ; contract to serve water outside the C County Sanitation District. 2. The following communications were dicated: Referred to Transportation Plan Citi Committee, letter from Harbor Viev owners Association regarding altern; for the City. Referred to staff for reply, letter fri regarding bicycle trail maintenance. Referred to Pending Legislation Corr from City of Placentia regarding Poe ' requirement in connection with instal boxes in new housing tracts. Referred to Pending Legislation Corr lution of the City of Costa Mesa requ of California Cities to establish a co: government economy and efficiency. Referred to Pending Legislation Com lution of the City of Westminster req legislation to clarify provisions of la use of city streets. Referred to Parks, Beaches and Rec mission, letter from John A. Woodw tennis courts at Mariners Park. 3. The following communications were 1 City Clerk for filing and inclusion in Letter from Mrs. E. F. Morse comr Department Rescue Squad for their e. thoughtfulness. Letter from Lido Isle Community As ' expressing appreciation to city staff, the Parks and Police Departments, ii with their Fifteenth Annual Lido Isle Tea on May 17. Volume 27 - Page 139 MINUTES ;xecution of a ity to Pacific ;xecution of a ity to Nicolai & :xecution of a ity to Orange •eferred as in- .ens Advisory Hills Home - �te traffic routes ;m M. J. Meehan mittee, letter tal Service lation of mail mittee, reso- ssting the League amittee on mittee, reso- xesting state v relating to the reation Com - ird regarding eferred to the the records: vending the Fire 'ficiency and ;ociation particularly 1 connection Home Tour and INDEX Water R -8006 Water R -8007 Water R -8008 Trans- portation Plan Bicycle Trails Mariners Park Tennis Courts COUNCILMEN \1\�N \CV% A r.A I I PN N f Tnna 11. 1Q71 MINUTES • Letter from Barbara Eastman regarding Regional Coastal Commission. Copy of newspaper article and note from Mr. and Mrs. R. S. Butterworth regarding authority of South Coast Regional Commission. Copy of letter sent to Federal Aviation Administratic by John C. Glithero, Jr. regarding flight levels of the Police helicopter. Copy of letter to Orange County Health Department from Winton Ashton regarding dogs on beaches in Balboa. Letter from Newport Residents United with suggestic for the Residential Growth Element of the General Plan. Copy of letter to Senator Cranston from Dr, and Mrs Yost U. Amrein regarding Upper Newport Bay. Copy of progress report to Board of Supervisors from Project Team for Environmental Quality Moni- toring of Newport Bay and Watershed Area. • Excerpt from Minutes of Board of Supervisors meeting of May 22 regarding County participation in Phase III of the City's Transportation Study. Resolution of the City of Seal Beach urging the California State Legislature to enact legislation that will equalize the tax burden within the Coastal Zone which is now being borne solely by the localtaxpayex Resolution of the City of Tustin urging the United States Congress to appropriate funds to complete the study of the Santa Ana River Basin flood hazard. Resolutions of the cities of Costa Mesa, Buena Park; Fullerton and Westminster opposing the introduction of bills by the State Legislature containing exemptior from SB 90 reimbursement provisions. Letter from League of California Cities regarding tb Annual Conference on October 2I -24 in San Francisc Notice of investigation by Public Utilities Commissic into methods of compliance with the Environmental Quality Act of 1970. • Notice of filing of application before the Public Utilities Commission by Southern California Gas Company for increase in rates. Volume 27 - Page 140 INDEX Coastal Develop- ment n Police Helicopter Dogs on Beaches General Plan Upper Npt Bay Trans- portation Plan s Flood Control e I League of o. Cities Conf in COUNCILMEN Pa N O O O �. 9C N� O O 3 2 P ROLL CALL v .Tina I 1 1 Q71 MINUTES mmis Sion ouncil of s to be Bch on A May 29, ttee on arty e pro - :on- !ding Jail. L com- pro- ity Clerk'E Claims med: ries Y of Ls to the Smith loss of Kratzer ty lay 19, camper Hurst g the is del of the ncies werq was pre- 1 ment to I Opinion and Order before Public Utilities Cc • regarding railroad grade crossings. Minutes of Intergovernmental Coordinating Orange County meeting of May 23, 1973. Invitation to seminar regarding energy crisi held at California State University, Long Be. June 14. Copy of LARTS Annual Report for 1971-72. Agenda of Board of Supervisors meetings he 30, June 5 and 6, 1973. Copy of a letter to Citizens Advisory Commi Transportation from Corona Highlands Prop Owners Association, Inc. regarding the thre posed alternative road network plans under i side ration. Copy of a letter to Police Chief Glavas rega: sanitary facilities of the Newport Beach City Letter from the Grant Company of California • plimenting and thanking the city staff for its fessionalism and courtesy. 4. The following claims were denied, and the C referral to the insurance carrier was confir Claim of Thomas B. Smith for personal inju received on February 21, 1973 in the vicinit Balboa Boulevard and 11th Street when he w; involved in a traffic accident, allegedly due condition of a City street. Claim of Philip Allen Kratzer for damages, property, due to negligence on the part of C: employees in connection with his arrest on 1 1973. Claim of Wilbur W. Hurst for damage to his on May 3, 1973 when it hit a tree overhangir street at Poppy Avenue and Seaview in Coroi Mar, allegedly due to negligence on the part City. 5. The following requests to fill personnel vacs approved: (A report from the City Manager • sented) One Laborer in the General Services Depart fill a position now vacant. Volume 27 - Page 141 MINUTES mmis Sion ouncil of s to be Bch on A May 29, ttee on arty e pro - :on- !ding Jail. L com- pro- ity Clerk'E Claims med: ries Y of Ls to the Smith loss of Kratzer ty lay 19, camper Hurst g the is del of the ncies werq was pre- 1 ment to I COUNCILMEN po 'Ft pOtt (' O N FO 3 m Z �A O ROLL CALL T v N 0<, m June 11 1973 MINUTES INDEX Bay uin m One Typist Clerk I in the West Newport Childrens • Library to fill a position now vacant. 6. The following staff reports were received and ordered filed: Summary from the City Attorney regarding air pol- lution control bills. Memo from the City Attorney regarding quasi - judicial actions. Report from Parks, Beaches and Recreation Com- mission regarding the naming of Cliff Drive View Park. Report from the Parks, Beaches and Recreation Com- mission regarding acquisition of The Coves property for park and parking purposes. 7. The Public Works Director was authorized to issue a Bodega standard encroachment permit allowing closure of a Drive portion of Bodega Bay Drive in Spyglass Hill between Closure Point Mendocino Way and San Mateo Way to through traffic for a model home area for a period of approxi- mately two years. (A report from the Public Works Director was presented.) 8. The public improvements constructed in conjunction Tr 7384 with Tract 7384 (Big Canyon Planned Community) were accepted, and the City Clerk was authorized to release Faithful Performance Bond No. H 37105 and to release the Labor and Materials Bond in six months provided no claims have been filed. (A report from the Public Works Director was presented.) 9. The staff was authorized to reschedule the bid opening Jamb Re for the Jamboree Road Police Facility, Contract 1514, Police from 2:00 P. M. , June 26 to 2:00 P. M. , July 10, 1973. Facility (A report from the Public Works Director was pre- sented.) ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A copy of a letter from William Leak to the Orange San Joac County Board of Supervisors regarding a proposed Hills Rd extension of San Joaquin Hills Road as a six lane Extensic Motion x highway was referred to the Transportation Plan x x x x x x Citizens Advisory Committee, with instructions to Wnt x staff to send a copy to each member of the committee. Volume 27 - Page 142 Bay uin m COUNCILMEN CITY OF NEWPORT BEACH P�F�p3 9 O 'A1 'fp3 PZZp N9 P ROLL June 11, 1973 M 4 At M A, Al Al M A, Al M A- A' A A A MINUTES INDEX )tion x 2. The following resolutions were adopted: (A report Spyg1 `s x x x x from the Public Works Director was presented. ) Hill F 13tain x Static isent x Resolution No. 8009 authorizing the execution of an amendment to the existing Water System R -80( Capital Improvement Construction & Reimburse- ment Agreement between the City of Newport Beach and John D. Lusk and Son to add Spyglass Hill Pump Station, Zone V, to list of projects. Resolution No. 8010 awarding a contract to Tay- R -80i mech Corporation for construction of Spyglass Hill Pump Station, Zone V, Contract No. 1488. Aion x 3. A letter from R. L. Slater regarding zoning on Balboa BI Zc res x x x x x x Island was referred to staff for reply. )sent x 4. Lewis E. Young addressed the Council regarding Clain his claim for a refund of the towing fee incurred on Youn! May 22, 1973 when the Newport Beach Police Depart- ment ticketed his car for parking over 70 hours and caused his car to be towed away. Mr. Young stated his car was actually parked in a parking lot at the corner of Bayside and Larkspur. Ikon x It was directed that Mr. Young should be paid for his res x x x x x x claim on the condition that he releases the City, by )sent x waiver acceptable to the City Attorney, from any further liability arising out of this claim. ADDITIONAL BUSINESS: otion x 1. Council Policy A -9, "City Council Committees, " was Citiz res x x x x x x amended to add membership appointment procedures Comt )sent x for City citizen committees. Coun Polic 2. A minute resolution supporting Assembly Constitu- tional Amendment 16, authorizing highway revenues Pollu to be used for construction of a public transit system and control of environmental pollution caused by otion x motor vehicles, was adopted; and the Mayor was res x x x x x x directed to write a letter to the appropriate legislators )sent x to be presented by our Advocate in Sacramento. 3. Councilman Kymla gave a verbal report, as Chairman Boar of the Council Appointments Committee, regarding the Co= Committee's recommendations to fill Board and Com- Appt: mission vacancies. bon x The recommendation of the Appointments Committee Civil yes x x x x x x w as approved, and Oren L. King was reappointed to Servi sent x the Civil Service Board for a four -year term ending June 30, 1977. Volume 27 - Page 143 COUNCILMEN 0 P O NA G NA P ROLL CALL T ➢ PN N r� m *ion Ayes Absent Motion Ayes Absent Motion Ayes Absent Ll Motion Ayes Absent Motion Ayes Absent • June 11. 1973 MINUTES INDEX rary kR nmi ssi. nning iamite The recommendation of the Appointments Committee Lib X was approved, and Faith Vogel was appointed to the x x x x x x Board of Library Trustees for a four -year term X ending June 30, 1977 to fill the vacancy created by the expired term of Charles H. Sword. The recommendations of the Appointments Committee PB x were approved, and Bill C. von Esch and Evelyn R. Cox x x x x x x Hart were appointed to the Parks, Beaches and x Recreation Commission for four -year terms ending June 30, 1977 to fill the vacancies created by the expired terms of David S. Tingler and Rolly H. Pulaski. The recommendations of the Appointments Committee Pla x were approved, and Hall Seely and James M. Parker x x x x x x were appointed to the Planning Commission for four - x year terms ending June 30, 1977 to fill the vacancies created by the expired terms of Gordon H. Glass and William B. Martin. 4. A letter was presented from Dieter Muller -Stach Dyi regarding dynamiting activities in connection with the Bren Company development adjacent to Harbor View Homes. Mr. Muller -Stach and John Kloss addressed the Council and urged stricter controls and inspection on dynamiting activities in the City. X The staff was directed to take immediate action to x x x x x x notify anyone who is contemplating any blasting in x that area to cease and desist until they demonstrate that the operation is safe. x The meeting was adjourned at 10:15 P. M. xxxxxx x Or Pro Tem ATTEST: City Clerk Volume 27 - Page 144 INDEX rary kR nmi ssi. nning iamite