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HomeMy WebLinkAbout07/23/1973 - Regular MeetingCOUNCILMEN CITY OF NEWPORT BEACH \VP O n O Z O A O ROLL CALL - a 9t F • Present Motion Ayes Motion x Ayes x x x • Motion Ayes Motion 1s REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: July 23, 1973 Mayor McInnis welcomed students in the audience from the Newport Harbor High School civics class. Roll Call. MINUTES The reading of the Minutes of the Regular Meeting of July 91 1973 was waived, said Minutes were approved as written and ordered filed. The reading in full of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. HEARINGS: INDEX 1. Mayor McInnis opened the public hearing in connection Npt Shores with Ordinance No. 1497, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 20. 65 TO TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "SPECIFIC PLAN (NEWPORT SHORES) Planning Commission Amendment No'. 371, relating to 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 Director. Suzanne Rudd, representing the Newport Shores Com- munity Association, addressed the Council and approved the ordinance in its entirety. Bob Brockman, representing the businessmen's association presently being formed in the area, and Halstead Pembroke addressed the Council and re- quested a postponement to August 27. Dana Smith addressed the Council in favor of the ordinance. The hearing was closed. Ordinance No. 1497 was adopted. Volume 27 - Page 175 CITY OF NEWPORT BEACH COUNCILMEN ROLL CALL T ➢ PN m 9� m .Tuly 23 • Motion Ayes Motion 0s Motion Ayes Motion Ayes • 1973 MINUTES ;e INDEX Newport Place R -8054 Pearson's Port 2. Mayor McInnis opened the public hearing regarding Newport Place Planned Community amendment, Planning Commission Amendment No. 369 and State- ment of Negative Declaration, to permit the rearranl 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, portion of Block 50, Irvine's Subdivision, located south of Bowsprit Drive and west of MacArthur Boulevard. A report was presented from the Community Develol ment Department. Robert Alleborn of Emkay Development Company addressed the Council. No one else desired to be heard. x The hearing was closed. xxxxxxx Resolution No. 8054, amending the Planned Com- x munity Development Plan for the Newport Place x x x x x x x Planned Community, was adopted. 3. Mayor McInnis opened the public hearing regarding Commercial Harbor Permit Application of Pearson'e Port, 300 E. Coast Highway, Newport Beach, for boatside sales of live seafood and live bait from a floating barge moored in a fixed position at Bayside launching ramp from 5:00 a. m. to 9:00 p. m. , seven days a week. A report was presented from the Business License Supervisor. License Inspector Jim Sinasek gave a brief staff report. Roy Pearson, applicant, addressed the Council. No one else desired to be heard. x The hearing was closed. X X X X X X x The matter was referred to the Joint Harbor Com- x x x x x x x mittee for recommendation to Council. Volume 27 - Page 176 ;e INDEX Newport Place R -8054 Pearson's Port ROLL CALL L MI A} M, A} 4 M Ai Nc M 4 COUNCILMEN Fp 9 �pN ZN !Ny! CITY OF NEWPORT BEACH T,Al , 7% 7 Q71 MINUTES INDEX 4. Mayor McInnis opened the public hearing, in accord- Vacation/ ' ance with Resolution of Intention No. 8012, regarding Lido vacation of portions of a public utility easement Village within Lot 2, Tract 1117, area bounded by Via Lido, Via Oporto and Central Avenue (Lido Village). A report was presented from the Public Works Director. No one desired to be heard. >tion x The hearing was closed. 'es xxxxxxx Resolution No. 8055, ordering the vacation and R -8055 abandonment of portions of a public utility easement )tion x within Lot 2, Tract 1117, bounded by Via Lido, Via 'es x x x x x x x Oporto and Central Avenue, was adopted. ORDINANCES FOR SECOND READING AND ADOPTION: 1. Amended Ordinance No. 1503, being, Police Tow Truck AN ORDINANCE OF THE CITY OF NEWPORT Service 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, It requiring Certificates of Public Convenience and Necessity for tow truck operations and providing for alternate call service, was presented for second reading. Aion x Ordinance No. 1503 was adopted. ,es x x yes x x x 2. Ordinance No. 1506, being, Human Wastes AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 10. 06 TO TITLE 10 OF THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "HUMAN WASTES, " was presented for second reading. �Ai n x Ordinance No. 1506 was adopted. xxxxxx Volume 27 - Page 177 COUNCILMEN ROLL CALL • • Motion Aye s Motion Ayes Motion Ayes CITY OF NEWPORT BEACH 23, 1973 CONTINUED BUSINESS: MINUTES 1. Consideration was given to Upper Big Canyon Nature Park. An excerpt from the Council Minutes of March 13, 1972 was presented. A letter was presented from The Irvine Company addressed to Parks, Beaches and Recreation Director Cal Stewart regarding the proposed Upper Big Canyon Nature Park. A feasibility study regarding the proposed natural development of Upper Big Canyon by Consulting Ecologist Laszlo Szijj was presented. Letters were presented in support of the building and Maintenance of Upper Big Canyon Nature Park from Principal Robert Franey of Eastbluff School, Princi- pal Scott Paulsen of Roy O. Andersen School, Princi- pal William R. Ritter of Lincoln Middle School, Thomas Duttine representing the Science Department of Lincoln School, Angelo Vassos representing the Science Department of Corona del Mar High School; and Norman Loats, Deputy Superintendent of the Unified School District, regarding financial assistance. A letter was presented from Richard and Nan Wilson supporting the nature park. Larry Moore, General Planning Administrator for The Irvine Company, addressed the Council. The matter was held over until later in the evening after consideration of the Big Canyon Reservoir inundation study. Z. A report was presented from the Citizens Environ- mental Quality Control Advisory Committee regarding SCR 38 (Biddle). The staff was directed to forward a copy of the Citizens Environmental Quality Control Advisory Committee's report to the City's Legislative Advocate with instructions that the Council agrees in principle with the Citizens Committee report and wishes to be kept advised on the status of this legislation when the legislature reconvenes in August. 3. Councilman Dostal's appointment of Elaine Linhoff as alternate on the Development Standards Citizens' Advisory Committee was confirmed. Volume 27 - Page. 178 INDEX Upper Big Canyon Nature Park Air Pollution Dev Standards Citizens Adv Cmte COUNCILMEN P� p0 O O a� FO3 ?O �a 0 ROLL CALL s v pa a yC pO ion es Motion Aye s ion s Motion Ayes • CITY OF NEWPORT BEACH July 23, 1973 MINUTES The following appointments to the Newport Beach Bicycle Trails Citizens' Advisory Committee were confirmed: Mayor Pro Tem Rogers appointed Mrs. Mary Hanley as alternate; Mayor McInnis appointed Donald J. Foster as alternate; Councilman Dostal appointed Allan Beek as member and Tom MacKinnon as alternate; Councilman Ryckoff appointed Mrs. William Fortner as alternate; Councilman Croul appointed Mary Blake as member and Miss Liz Faulkner as alternate. The following appointments to the Newport Beach City Arts, Committee were confirmed: Mayor Pro Tern Rogers reappointed J. Herbert Brownell for term ending June 30, 1976; Mayor McInnis reappointed Ladislaw Reday for term ending June 30, 1979; Councilman Kymla reappointed Miss Sue Wilson for term ending June 30, 1976; Councilman Store re- appointed Mary Chabre for term ending June 30, 1974; Councilman Dostal appointed Elizabeth Mason; Councilman Ryckoff appointed John Gettle; Council- man Croul appointed Linda Woodard; with the three new appointments to draw lots for one term ending in 1974, one ending in 1975, and one ending in 1977. The Technical Oil Advisory Committee will continue as a two -man committee. The following appointments to the Environmental Quality Control Citizens' Advisory Committee were confirmed: Mayor Pro Tern Rogers appointed Roy Woolsey as member and Robert Malinoff as alternate; Mayor McInnis appointed Caroline Clucas as member and Margaret Setterholm as alternate; Councilman Kymla appointed Marion Parks as member; Council- man Dostal appointed Val Murley as member; Council man Ryckoff appointed Dr. Carl Cotman as member and Charles Griffin as alternate; Councilman Croul appointed Robert Burbank as member; and Council- man Store appointed David Tosh as member and Judy Tracy as alternate. CURRENT BUSINESS: 1. A report was presented from the Public Works Director regarding request of David Malloy to main- tain an existing curb cut at 715 Poppy Avenue. A request letter was presented with plot and parking plan from David J. Malloy. Philip Patch, representing David Malloy, addressed the Council. Volume 27 - Page 179 INDEX Bicycle Trails Citizens Adv Cmte City Arts Cmte Tech Oil Adv Cmte Environ- mental Quality Control Citizens Adv Cmte Curb Cut / 715 Poppy ROLL CALL on Motion Ayes Motion Ayes • UNCILMEN CITY OF (NEWPORT BEACH rd 3 T„1., 91 1072 MINUTES X The request was denied without prejudice. xxxx 2. A letter was presented from Leadership Housing NE Systems, Inc. requesting that the California Vehicle Cc Code be enforced on private streets in Tract 7989 1 (Newport Condominiums). x The City Attorney was directed to prepare an appropri x x x x ate ordinance for the meeting of August 13. CONSENT CALENDAR: x The following items were approved by one motion affirming x x x x the actions on the Consent Calendar: 1. The following resolutions were adopted: Resolution No. 8056 authorizing the execution of a Kc joint use agreement between the City of Newport Nf Beach and the Southern California Edison Company R- for the relocation of power poles along Jamboree Boulevard from MacArthur Boulevard to Campus Drive; in connection with Koll Center Newport. (A report from the Public Works Director was presented.). Resolution No. 8057 requesting a contract with the Al California Highway Patrol for participation in the Vf abandoned vehicle abatement program. (A report R. from the City Manager was presented. ) Resolution No. 8058 recognizing the California Council Pc of Criminal Justice as the administrating agency for Hf the low light level viewing system grant and autho- Vi rizing the Mayor and City Clerk to sign the Grant. R 2. The following communications were referred as in- dicated: Referred to staff for reply, letter from Ralph Flores Pi regarding Police helicopter noise. Hi Referred to Transportation Plan Citizens Advisory U] Committee, letter from Dover Shores Community B: Association protesting a second crossing over the Upper Bay in the vicinity of 17th Street, and copy of Public Works Director's reply. Referred to Bicycle Trails Committee and the Traffic Affairs Committee, letter from Rosalie and Nicholas Kfoury protesting vehicular traffic on Back Bay Drive and asking for safe bike trails along Coast Highway from Jamboree and /or MacArthur to West Newport. I Volume 27 - Page 180 COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROLL CALL July 23, 1973 INDEX 3. The following communications were referred to the • City Clerk for filing and inclusion in the records: Letter from Thomas H. Blandi thanking Police Depart Police ment for the effective manner in which they dispersed Dept a recent riot. Copy of a resolution of the City of Huntington Beach Or Co calling for the dissolution of the Orange County Mosquito Mosquito Abatement District. Abatement Dist Copy of a letter to the Planning Commission from Newport Residents United requesting the Commission to reduce the total dwelling units per acre.limitation for the Planned Community on Jamboree Road opposite the Newporter Inn from 15 units per acre to 8 units per acre. Card from Jane Schub asking for protection of New- Upper Npt port Bay. Bay Letter from Mayor Matney of Huntington Beach in- viting Council to compete in the Mayors and Council - mens Cup Race in their 2nd Annual Bicycle Grand • Prix on August 19. Copy of a letter to Airport Action Association from Or Co Balboa Island Improvement Association opposing any Airport further expansion of Orange County Airport. Letter from Addie L. Chipman stating that Ms. Pat Richards will be a regular observer attending Council meetings for the League of Women Voters. Letter to Mayor McInnis from the Executive Director Calif of the American Revolution Bicentennial Commission Bicen- of California thanking Council for prompt action in tennial appointing a Bicentennial Committee. Notice of prehearing conference before Public Utilities Commission on overhead and underground trans- mission facilities of all electric public utilities in the state. Fifth Legislative Digest from the League of Cali - fornia Cities. Excerpt from Board of Supervisors meeting of July 10 Prosecllti. authorizing agreement with the City of Newport Beach providing for the prosecution of violators of municipal Services ordinances by the Orange County District Attorney. Volume 27 - Page 181 COUNCILMEN ROLL CALL • E • CITY OF NEWPORT BEACH July 23, 1973 MINUTES Minutes of the Upper Newport Bay Field Committee for the month of May, 1973, plus agenda for July 27 meeting and correspondence from Secretary of Interior. Agenda of Board of Supervisors meetings held July 10, 11, 17 and 18, 1973. INDEX 4. The following claims were denied, and the City Clerk' Claims referral to the insurance carrier was confirmed: Claim of California State Automobile Association Inter - Insurance Bureau in connection with damages to the automobile of their insured, Helen M. Fox, on May 28, 1973 on Galaxy Drive near Polaris Drive when she was involved in an accident with a City vehicle. Calif State Auto Assoc Fox Claim of Lawrence M. Wales for damage to his auto- Wales mobile, allegedly caused when it was struck by a City vehicle at 4611 Seashore Drive, Newport Beach, on July 4, 1973. Claim of Giuseppe Desiderio for personal injury Desiderio allegedly sustained in connection with an incident on Marine Avenue, Balboa Island on March 29, 1973. Claim of S. P. Jackson in behalf of his insured, Gray Charles Gray, for damage to his car in the Balboa Pier parking lot on June 24, allegedly due to negli- gence on the part of a City employee. Claim of Michael Kent Seco.r for personal injuries Secor sustained on July 5, 1973 on 54th Street between Sea- shore Drive and Neptune, allegedly due to negligence on the part of the City. Claim of Robert Richardson for damage to his car as Richardson a result of a traffic accident on April 6, 1973 in the vicinity of Bristol Street and Jamboree Road, allegedl due to negligence on the part of the City. Two claims of John G. Inman, one as heir of Thomas Inman G. Inman and one as proposed administrator of the estate of Thomas G. Inman, both in connection with an incident which occurred on April 1, 1973. Claim of Melva J. Sempstrote for personal injuries, property damage and emotional distress resulting from an automobile accident in which she was involved on May 4, 1973 on Campus Drive near the intersection with Dove Street, Newport Beach, allegedly due to negligence on the part of the City of Newport Beach. Volume 27 - Page 182 Sempstrote COUNCILMEN dpi m2 O �A p ROLL CALL � pa m � �1 F • • • CITY OF NEWPORT BEACH MINUTES T.,1., 9R 1 Q72 INDEX :11 ie r R. Sri g.ry d of tees or ait / camp Claim of James L. Powell for damage to his car on Powi July 5, 1973, allegedly caused when he was involved in an accident with a City vehicle. Claim of Eulalia C. Logan for personal injuries Loge sustained by her on June 22, 1973, allegedly due to negligence on the part of the City in connection with sidewalk disrepair in front of the residence at 403 N. Bay, Balboa Island. Application for Leave to Present a Late Claim and a Garr proposed claim filed by Cantillon & Cantillon on be- half of their claimant, Ruth Garnier, for personal injuries, sustained when she was involved in an acci- dent on or about March 30, 1973 on Pacific Coast Highway, allegedly due to negligence on the part of the City. 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 Maintenance Man I in the General Services Depart- ment to fill a position now vacant. Two Firemen in the Fire Department to fill positions now vacant. One Equipment Mechanic II in the General Services Department to fill a position now vacant. 6. The following staff and Commission reports were received and ordered filed: A report from the Parks, Beaches and Recreation PB& Secretary stating that the Parks, Beaches and Recre- Com ation Commission re- elected Claudia Owen as Chair- man and William H. Patrick as Vice Chairman for the fiscal year 1973 -74. Report from the City Librarian stating that the Library Libr Board of Trustees elected James Gage as Chairman, Boar Ruth LeLievre as Vice - Chairman and Faith Vogel as True Secretary for the fiscal year 1973 -74. 7. The following Harbor Permit Application was approved, Hart subject to prior approval of the U.S. Corps of Engi- Perr. neers: Beau Harbor Permit Application No. 109 -2000 of Mr. R. Beaucamp to construct a bulkhead on the U. S. Bulk - Volume 27 - Page 183 :11 ie r R. Sri g.ry d of tees or ait / camp COUNCILMEN pn fL 03 n Q N o ROLL CALL ply • 0 • CITY OF NEWPORT BEACH Tuly 23. 1973 MINUTES INDEX Story 0 -1507 head bayward of his residence at 2000 E. Bay Avenue (A report from the Marine Safety Department was presented.) 8. The following Budget Amendments were approved: BA -2, $125, 576 increase in Budget Appropriations and $95, 576 in Revenue Estimates for the developmex of an airborne low leval viewing system; $95, 576 Estimated Revenues from Federal Grants and $30, 00 from Unappropriated Contingency Reserve to Police, Services - Professional, Tech, etc., Travel and Meetings, General Fund. (A report from the City Manager was presented. ) BA -3, $21, 155 transfer of Budget Appropriations for transfer of the parking lot functions to Marine Safety from Traffic and Parking, Seasonal & Part -Time, Maintenance & Repair - Materials and Special Depart- mental Supplies to Marine Safety, Seasonal & Part - time, Maintenance & Repair - Materials and Special Departmental Supplies, General Fund. (A report from the City Manager was presented.) BA -4, $87, 500 transfer of Gas Tax Funds for expen- ditures of maintenance ($80, 000) under Section 2107 S & H Code and for engineering services ($7, 500) under Section 2107. 5 S & H Code to General Fund. 9. The expense accounts of Councilman Dostal for attendance at the N. 0. 1. S. E. convention in Washing- ton, D. C. April 29 -May 2, 1973 and at the Mayor's and Councilmen's Legislative Institute in Sacramento May 13 -15, 1973, were approved. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. With the unanimous consent of the Council, Mayor Pro Tem Rogers requested staff to hold the Applicati of Pink Bus Lines, Inc. before the Public Utilities Commission to operate between Pomona and Newport Beach over until August 13, 1973. 2. Proposed Ordinance No. 1507, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPOF BEACH MUNICIPAL CODE, BY DELETING SECTION 20. 02. 085 AND AMENDING SECTIONS 20. 12.030, 20. 13.030 AND 20. 14.030, PER- TAINING TO THE DEFINITION OF "STORY, " Planning Commission Amendment No. 379, deleting definition of story and eliminating references to Volume 27 - Page 184 INDEX Story 0 -1507 ROLL CALL on 4tis Motion Ayes Motion Ayes ;40 Motion Aye s Motion 0 NCILMEN CITY OF NEWPORT BEACH x July 23, 1973 MINUTES story in R -1, R -1. 5 and R -2 Districts, was intro- duced and set for public hearing on August 13, 1973. 3. A report was presented from the Public Works Director regarding an engineering services agreement for preparation of an inundation study for Big Canyon Reservoir. Resolution No. 8059, authorizing the execution of an engineering services agreement between the City of Newport Beach and James M. Montgomery, Con- sulting Engineers, Inc. for preparation of an inun- dation study for Big Canyon Reservoir, was adopted with the understanding that the staff will look into the eligibility for all or partial State funding. 4. A letter from the Bluffs Home Owners Association requesting extension of Eastbluff Park was referred to the Parks, Beaches and Recreation Commission; and .consideration of a letter from the Los Angeles County Board of Supervisors stating its policy relevant to Assembly Bill 1181 which proposes the establishment of the Southern California Area Planning Organization was held over to the adjourned meeting of July 30. 5. A proposed resolution urging the California State Legislature to enact legislation that will equalize the tax burden within Coastal cities having regional public beach area was held over to the adjourned meeting of July 30. CONTINUED BUSINESS: With the unanimous consent of the Council, the matter of the Upper Big Canyon Nature Park was taken up at this time. City Manager Robert Wynn read a letter from Mrs. Henry Durkee, President of the Environmental Nature Center,. supporting the City's involvement in the proposed nature park but stating that the Center is in no position at this time to make a major financial commitment. Councilman Croul made a motion to approve the plans and specifications, to adopt a resolution authorizing a re- imbursement agreement with The Irvine Company for development costs and to direct the preparation of the acceptance documents. Councilman Ryckoff stated he wanted the following state- ment in the record, "The best approach for community Volume 27 - Page 185 INDEX Big Canyon Reservoir Eastbluff Pub Park AB 1181 SCAPO Coastal Zone Tax Upper Big Canyon Nature Park ROLL CALL • Motion Ayes Noes Ayes Noes i� Motion Ayes Motion Ayes Motion A0s COUNCILMEN CITY OF NEWPORT BEACH July 23, 1 MINUTES involvement is where volunteers are involved as at New- port Harbor High. I can't support our commiting public funds on this basis- -when we face excess costs on the police facility and will on other projects, and when this project could be accomplished without our present fund commitment. This motion rules out volunteer partici- pation, rules out School District participation, rules out Irvine Company participation, assumes entire responsi- bility on the City, and the maintenance cost is on the City, the amount of which is unknown. " Councilman Ryckoff made a substitute motion to continue the matter until completion of the Big Canyon Reservoir inundation study, which motion failed to carry. Mayor McInnis stated for the record that his vote was not in opposition to the park, nor was it in opposition to the Council action taken on March 13, 1972 but was simply on the basis that the timing was incorrect. A vote was taken on Councilman Croul's motion, and the plans and specifications were approved; Resolution No. 8060, authorizing the execution of a reimbursement agree- ment between the City of Newport Beach and The Irvine Company for development costs of Upper Big Canyon Nature Park, was adopted; and the City Attorney was directed to prepare the appropriate documents for accep- tance of an 8 -acre parcel of land from The Irvine Company after the developments are in and have been maintained for 45 days. ADDITIONAL BUSINESS: 1. Councilman Dostal was authorized to attend the Annual Annual Congress of Cities in San Juan, Puerto Rico, Decem- Congress ber 1 -7, 1973, particularly to follow up on his activ- of Cities ities in N. O. I. S. E. 2. Council Policy K -3, "Implementation of the California Environmental Quality Act" was amended to add Section XIII entitled Environmental Affairs Com- mittee. 3. Mayor McInnis read in full Resolution No. 8061, a resolution of the City Council of the City of Newport Beach honoring the memory of William R. Mason. Resolution No. 8061 was adopted. The meeting was adjourned at 10:05 P. M. to 7:30 P. M. , July 30, 1973 in memory of William R. Mason. Volume 27 -Page 186 Mayor ATTEST: Q.rM. am-o. City Clerk RIT.N.11