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HomeMy WebLinkAbout10/09/1973 - Regular MeetingCOUNCILMEN p0 C' O N ROLL CALI y! F CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: October 9, 1973 Present xxxxxxx Roll Call. 0 The reading of the Minutes of the Regular M Motion x September 24, 1973 was waived, said Minute Ayes x x x x x x x approved as written and ordered filed. The reading in full of all ordinances and res Motion x consideration was waived, and the City Cler Ayes x x x x x x x to read by titles only. HEARINGS: 1. Mayor McInnis opened the public hearin with the Fall, 1973 Weed Abatement Pr Motion x The hearing was closed after it was det Ayes x x x x x x x no one desired to be heard. Resolution No. 8103, ordering the Fire weeds and other public nuisances existi, Motion x alleys, sidewalks, parkways and privat Ayes x x x x x x x within the City, was adopted. 2. Mayor McInnis opened the continued pul regarding the appeal of Harry N. Kamp decision of the Planning Commission gx Permit No. 1665 to Ilsley/ Connelly to c dwelling units and appurtenant structure Balboa Boulevard, on the south side of Boulevard between "E" and "F" Streets Peninsula, zoned R -3. A report dated September 10 was prese Community Development Department. A report was presented from''the City A ing special side yard requirements in t] Letters were received after the agenda from Miriam Blaich in favor of Use Pe: and from Harry Kamph requesting revo use permit or continuation of the hearir Plan standards are adopted. Harry Kamph and Don Adkinson, attorn the appellant, addressed the Council. Dan Connelly and Thomas Woodruff, atl senting Ilsley /Connelly, addressed the wThe following people addressed the Cou Use Permit 1665: Kee Ewing represent Volume 27 - Page 238 MINUTES eeting of :s were olutions under k was directed g in connection )gram. armined that Chief to abate ig upon streets, property Ilic hearing i from the anting Use onstruct four :s at 1319 E. East Balboa on the Balboa cted from the ttorney regard- Le R -3 District. was printed -mit No. 1665 cation of the g until General zy representing orney repre- Council. acil opposing ing the Balboa INDEX Weed AbateM ed R -8103 Kamph Appeal/ UP 1665 COUNCILMEN CITY OF NEWPORT BEACH Sp3n'F 220 A O ROLL CALL T% m f yC pi^ nctnhar Q_ 1 ()71 MINUTES hirley his his hearing. otion to motion - aring decision e No. in the to pro - from the hold the i be is taken .epted ' amended without it of the as the ibex 14 Lat the ow the I after ermined, ion. INDEX Smith Appeal / Var 1038 Peninsula Point Association, Tom Kamph, S • Moore and Simon Van Dam. Motion x Harry Kamph was granted fifteen minutes fo, Ayes x x x x x x presentation. Noes x Motion x Dan Connelly was granted fifteen minutes fo1 Ayes x x x x x x x presentation. Councilman Croul made a motion to close th Motion x Mayor Pro Tem Rogers made a substitute m Ayes x x x x x continue the hearing to November 12, which Noes x x carried. 3. Mayor McInnis opened the continuedpublic h regarding the appeal of Dana Smith from the of the Planning Commission denying Varianc 1038 which would exceed the floor area ratic R -2 District at 3607 Seashore Drive in orde: vide additional parking spaces. A report dated September 10 was presented Community Development Department. • Dana Smith addressed the Council. Motion x The hearing was closed. Ayes xxxxxxx Motion x Mayor Pro Tem Rogers made a motion to ul decision of the Planning Commission. Mayor McInnis recommended that the motioi amended to show that the Council's action w, without prejudice, which amendment was as by Mayor Pro Tem Rogers. Ayes x x x x x A vote was taken on Mayor Pro Tem Rogers Noes x x motion; and Variance No. 1038 was denied, prejudice. Motion x The staff was directed to contact the Directc Ayes x x x x x x South Coast Regional Commission and expre Noes x City's support of a continuation of the Noven expiration, and to inform the Commission tl Council's action was without prejudice to all developer to bring the matter back to Counc, the proposed Development Standards are det without going through the Planning Commiss Volume 27 - Page 239 MINUTES hirley his his hearing. otion to motion - aring decision e No. in the to pro - from the hold the i be is taken .epted ' amended without it of the as the ibex 14 Lat the ow the I after ermined, ion. INDEX Smith Appeal / Var 1038 COUNCILMEN CITY OF NEWPOkT BEACH LOLL CALL �+�� ps w yc m October 9, 1973 ORDINANCES FOR SECOND READING AND A 1. Ordinance No. 1513, being, AN ORDINANCE OF THE CITY OF IN BEACH AMENDING CHAPTER 2. 20 NEWPORT BEACH MUNICIPAL COL TO EMERGENCY SERVICES, in accordance with the State of California Emergency Services "Model City Ordinax to Emergency Organization and Function' viding for amendments to be made by res presented for second reading. Motion x Ordinance No. 1513 was adopted. Ayes xxxxxxx 2. Ordinance No. 1514, being, AN ORDINANCE OF THE CITY OF I BEACH AMENDING CHAPTER 3.04 NEWPORT BEACH MUNICIPAL COI TLED "SALES AND USE TAX, " incorporating recent changes in State leg • pertaining to sales and use tax to be adm the State Board of Equalization, was pre second reading. Motion x Ordinance No. 1514 was adopted. Ayes xxxxxxx CONTINUED BUSINESS: 1. Proposed Ordinance No. 1515, being, AN ORDINANCE OF THE CITY OF I BEACH ADDING CHAPTER 1. 25 TO THE NEWPORT BEACH MUNICIPA] ENTITLED "MUNICIPAL ELECTIOI CONTRIBUTION AND EXPENDITUR ORDINANCE. " A report was presented from the City At Motion x Ordinance No. 1515 was introduced and I Ayes xxxxxxx second reading on October 29, 1973. 2. A report was presented from the City At ing the Technical Oil Advisory Committe and recommendations concerning the pux City's crude oil. Motion x Resolution No. 8101, authorizing executi Ayes xxxxxxx agreement with Armour Oil Company, w Volume 27 - Page 240 MINUTES INDEX .D OPT ION : Emergency Services EW PORT OF THE iE RELATING Office of Lce relating ' and pro - olution, was Use Tax dEW PORT OF THE )E, ENTI- islation inistered by vented for Campaign Expenses IEW PORT TITLE 1 OF CODE, 1 CAMPAIGN E CONTROL :orney. )assed to torney regard Crude Oil e's review chase of the on of an as rescinded. COUNCILMEN OaO ROLL CALL O October 9, 1973 MINUTES INDEX CURRENT BUSINESS: • 1. A report was presented from the Public Works Balboa Director regarding acquisition of property at 202 Boulevard 39th Street for the widening of Balboa Boulevard. Widening Motion x The matter was tabled until a definite decision has Ayes xxxxxxx been made as to whether the widening of Balboa Boulevard is necessary or desirable. 2. A report was presented from the Public Works University Director regarding University Drive North construc- Drive tion from Jamboree Road to MacArthur Boulevard, North Contract No. 1329. Resolution No. 8104, authorizing execution of an R -8104 agreement between the City of Newport Beach, the City of Irvine and the State of California for the construction of a portion of University Drive North, Motion x was adopted; the plans and specifications for subject Ayes x x x x x x x project were approved; and the State Department of Transportation was authorized to advertise for bids. 3. Petitions bearing the signatures of 11 property owners 6th & requesting the City to pave an alley in Block 10, East Island Sts Newport (bounded by Island Avenue, 6th Street, Balboa Alley/ • Boulevard and Ocean Front), using the procedure set 1911 Act forth in Sections 5875 through 5895 of the Streets and Highways Code of the State of California were pre- sented. Motion x The petitions were referred to staff for study and Ayes x x x x x x x report back. 4. A report was presented from the Community Develop- Tract 8441 ment Department regarding the Tentative Map of UP 1691 Tract 8441, combining seven lots and portions of nine additional lots into two parcels for office condo- minium development, located northwesterly of Lafayette Avenue between 31st and 32nd Streets in Cannery Village, zoned C -2 and C -O -Z. Motion x Use Permit No. 1691 and the Tentative Map of Tract Ayes x x x x 8441 were set for public hearing on October 29. Noes x x x 5. A letter was presented from H. Lawson Mead, 16th St attorney for Michael D. Weagley, regarding Mr. Property Weagley's rental of City -owned property at 955 W. 16th Street, adjacent to the 16th Street reservoir. Michael Weagley addressed the Council. Volume 27 - Page 241 COUNCILMEN Pc, f� 0 3 C+ o a Spa O�ZZO �-A O ROLL CALL rS N .o ?% pO CITY OF NEWPORT BEACH Optnhwr Q_ 1 Q73 MINUTES said City in connection with the widening of Balboa Boulevard and declaring the intention of the City to acquire said property under eminent domain pro- ceedings, and directing the City Attorney of said C to commence an action in the Superior Court of the State of California, for the County of Orange, for t Motion x purpose of acquiring said real property, was adopt Ayes x x x x x x x and the purchase of two parcels from Beeco Ltd, a the appraised fair market value was authorized. CONSENT CALENDAR: Motion x The following items were approved by one motion affirr Ayes x x x x x x x the actions on the Consent Calendar: 1. The following ordinances were introduced and set for public hearing on October 29, 1973: • Proposed Ordinance No. 1516, being, AN ORDINAT OF THE CITY OF NEWPORT BEACH, AMENDING Volume 27 - Page 242 INDEX Gl Balboa Boulevard :n Widening 6t R -8105 ire oy qty he ad; t ICE Height Limitation Zones 0 -1516 Fred Salter, former owner of the property; and • L Lawson Mead, attorney for Mr. Weagley, addresse the Council in support of Mr. Weagley's claim for relocation assistance. Mayor Pro Tem Rogers made a motion to refer the matter to the City Attorney for opinion and reply to applicant. Joan Petty, 2nd Vice President, League of Women Voters; and Frank Barnes, Vice Chairman of the Human Relations Commission, read letters into the record requesting the City to provide relocation assistance. Councilman Ryckoff suggested an amendment to Mayor Pro Tem Rogers' motion to instruct the Cit7 Attorney to request an opinion from the Attorney General. Motion x x C Councilman Dostal made a substitute motion to Ayes x x x x x x x x x x a approve the action of the staff in increasing Mr. Noes x x x x W Weagley's rent, which motion carried. 6. A report was presented from the Public Worke • D Director regarding the condemnation of property needed for the widening of Balboa Boulevard betwe( 44th Street and Pacific Coast Highway. Resolution No. 8105, determining and declaring the the public interest, convenience and necessity requ the acquisition of certain real property to be used INDEX Gl Balboa Boulevard :n Widening 6t R -8105 ire oy qty he ad; t ICE Height Limitation Zones 0 -1516 ROLL • • L J COUNCILMEN CITY OF NEWPORT October 9, 1973 MINUTES SECTION 20.09.030 OF THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "HEIGHT LIMITA- TION ZONES, " Planning Commission Amendment 383, placing the R -A District under the 24/28 foot height limitation district. (A report from the Community Development Department was presented.) Proposed Ordinance No. 1517, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 19. 12. 010, 19. 12.040, 19.12. 070 AND 19.16. 010 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO TENTATIVE AND FINAL SUBDIVISION MAPS, Planning Amendment 384, pro- viding for the same notification and public hearings required for variance and use permit applications. (A, report from the Community Development Depart- ment was presented.) 2. The following resolutions were adopted: Resolution No. 8106 authorizing execution of an off - site parking agreement between the City of Newport Beach, Edwards Theatres Circuit, Inc., and The Irvine Company; in conjunction with Use Permit No. 1527. (A report from the Community Develop- ment Department was presented. ) Resolution No. 8107 authorizing the Community Development Director to execute contracts between the City of Newport Beach and certain consultants preparing Environmental Impact Reports for the City. (A report from the Community Development Depart- ment was presented.) Resolution No. 8108 authorizing the execution of an agreement between the City of Newport Beach and the State of California Board of Equalization to incorpo- rate recent changes in State legislation pertaining to sales and use tax to be administered by said Board. (A report from the City Attorney was presented.) Resolution No. 8109 authorizing execution of a supple- mental agreement between the City of Newport Beach and the State of California in connection with modifi- cation of traffic signal at Hospital Road and Newport Boulevard. (A report from the Public Works Director was presented.) Resolution No. 8110 authorizing execution of an agree- ment between the City of Newport Beach and Shuirman. Simpson, Consulting Civil Engineers, for final design of Bayside Drive improvements from Newport Bay to Marguerite Avenue. (A report from the Public Works Director was presented.) Volume 27 - Page 243 INDEX Tent & Final Maps 0 -1517 Edwards Theatres & Irvine Company R -8106 EIR's R -8107 Use Tax R -8108 Traffic Signal R -8109 Bayside Dr Imprvmts R -8110 ROLL CALL • • LMEN CITY OF NEWPORT BEACH October 9, .1973 MINUTES Resolution No. 8111 designating an intersection at which vehicles are required to stop and directing the Traffic Engineer to erect necessary stop signs; requiring vehicles on Production Place to stop at Monrovia Avenue. (A report from the Public Works Department was presented. ) 3. The following communications were referred as indicated: Referred to Transportation Plan Citizens' Advisory Committee, letter to Mayor McInnis from Corona del Mar Petition Committee opposing the City's traffic consultant's proposal for the relocation of the Coast Highway to the 5th Avenue area in Corona del Mar, and a letter from the Harbor View Parent Faculty Organization putting the organization on record as opposing any use of the 5th Avenue area for highway purposes. Referred to Pending Legislation Committee, reso- lution of City of Anaheim endorsing Proposition 1. Referred to staff and Joint Harbor Committee for study and report back, letter from The Irvine Com- pany proposing an amendment to the Harbor Permit Policies. Referred to staff for reply, letter from Herbert C. Estes in connection with his alleged violation of the City ordinance which requires that all refuse con- tainers be covered. Referred to Public Works Department, letter from Dale W. Wullner protesting the widening of Balboa Boulevard. Referred to Planning Commission, letter from Mr. and Mrs. Howard Lopizich offering suggestions in connection with the apartment density issue in New- port Beach. Referred to Planning Commission, letter from Barbara W. Adams asking that a boat marina be located in the back bay. Referred to Traffic Affairs Committee, letter from Marshall S. Braun with suggestions for alleviating traffic congestion in the City. Referred to Environmental Quality Control Citizens' Advisory Committee, "Ecological Survey of Aquatic and Terrestrial Resources ". Volume 27 - Page 244 INDEX Stop Sign R -8111 Trans- portation Plan Propo- sition 1 Harbor Permit Policies Garbage Cans Balboa Boulevard Widening Density COUNCILMEN A� AO \r-,ro N� Sp O ROLL CALL T� Am k AO CITY OF NEWPORT BEACH October 9, 1973 MINUTES INDEX Sul perty/ I er Bay ,er Bay er Bay se lution Referred to Parks, Beaches and Recreation Com- Spri mission for study and report back, letter from Pro Harold R. Sproul stating a sale price for his property Cdh in Corona del Mar and inquiring if the City has an interest in buying the property as an historical land- mark. 4. The following communications were referred to the City Clerk for filing and inclusion in the records: Letter from Margot Skilling commending Dick Hogan and Bill Foley for their work with and assistance to the Development Standards Citizens' Advisory Com- mittee. Letters from Olive Glossop and from Mr, and Mrs. Ralph Myers commending the Fire Department for their outstanding rescue work. Copy of Statement to Upper Newport Bay Field Com- Upp mittee from Supervisor Ralph B. Clark and reports Npt of Upper Newport Bay Field Committee concerning the upper bay. Copy of a letter from the 1973 Grand Jury to the Upp Board of Supervisors endorsing the disbanding of the Npt • Upper Newport Bay Field Committee and recom- mending actions for the Board and County Counsel to resolve the ownership question. Letter from Woman's Civic League of Newport Harbor Upp complimenting the Council for its endorsement of the Npt proposal for controlled silt removal by a dredging operation in the Upper Bay. Resolution of the City of Seal Beach supporting House Resolution 80 relative to the deficit absorbed by local governments between costs to operate public beach facilities and revenues derived therefrom. Resolution of the Board of Supervisors regarding Noi control of motorcycle and automobile exhaust noise. Pol. Letter from State Controller regarding apportion of Trailer Coach Fees and showing the net amount of Motor Vehicle License Fees Account allocated for distribution to Orange County to be $1, 699, 013. 39. Application of Pacific Telephone and Telegraph Com- pany before the Public Utilities Commission to split the present Orange County Telephone Directory into • two separate directories, one for Orange Coast and one for Orange County. Volume 27 - Page 245 Sul perty/ I er Bay ,er Bay er Bay se lution COUNCILMEN O C -k O i � ROLL CALL p O T � 1� 0 i7Ctn1hPr Q_ 7973 MINUTES INDEX s sman on to of the i system. held City Claims was con- ries of Ingram County Personal Morrison -575 in injuries Whitney Newport h an or damage Rheem 27, 1973 Mfg Co City vehicle. se arrest House Newport wancie s lanager was :nt to fill a :lopment :lopment :axing on requesting Ambulance Rates Copy of H. R. 10164 introduced by Congre Hinshaw which modifies previous legislati include Orange County as a primary party proposed high -speed ground transportatio: Agenda of Board of Supervisors meetings September 25, 26, October 2 and 3, 1973. 5. The following claims were denied, and the Clerk's referral to the insurance carrier firmed: Summons and Complaint for Personal Inju Carol Ingram, Case No. 20673 in Orange Superior Court. Summons and Complaint for Damages for Injury of Ruth D. Morrison, Case No. 201 Orange County Superior Court. Claim of Charles Z. Whitney for personal sustained at his home at 116 37th Street, Beach, on June 29, 1973 in connection wit incident with the Police Department. Claim of Rheem Manufacturing Company 1 • to one of its leased automobiles on Augusl when it was involved in an accident with a Claim of Patricia Anne House alleging fal and wrongful imprisonment by the City of Beach on June 30, 1973. 6. The following requests to fill personnel v; were approved: (A report from the City I presented) One Police Clerk I in the Police Departm4 position now vacant. One Typist Clerk I in the Community Devi Department to fill a position now vacant. One Steno -Clerk II in the Community Devi Department to fill a position to be vacant. 7. The following matter was set for public h October 29, 1973: Letter from the Seal's Ambulance Service . a rate increase in their base rate. Volume 27 - Page 246 MINUTES INDEX s sman on to of the i system. held City Claims was con- ries of Ingram County Personal Morrison -575 in injuries Whitney Newport h an or damage Rheem 27, 1973 Mfg Co City vehicle. se arrest House Newport wancie s lanager was :nt to fill a :lopment :lopment :axing on requesting Ambulance Rates ROLL CALL NCILMEN CITY OF NEWPORT ber 9. 1 1,111M41 v MINUTES • 8. The staff was authorized to employ George C. Edwards architect, to prepare plans, specifications and esti- mated costs for the proposed addition to the Finance Department; for a sum not to exceed $3, 500. (A report from the Public Works Director was presented. 9. The City Clerk was directed to amend the August 27, 1973 Council Meeting Minutes as recommended by staff to add "a portion of" before "the trail around Upper Newport Bay... " to the motion regarding modifying the proposed Master Plan of Bicycle Trails on Page 204. (A memorandum from the Public Works Director to the City Clerk was presented.) 10. The rules for the operation of the Environmental Quality Control Citizens Advisory Committee was approved as presented by the Committee. (A report from the Environmental Quality Control Citizens Advisory Committee was presented. ) 11. The expense account of City Manager Robert Wynn for attendance at the International City Managers Annual Conference in Boston, September 22 -27, 1973 was approved. • 12. The following Budget Amendments were approved: BA -13, $1, 500 to and from Unappropriated Surplus, Park & Recreation Fund, acceptance of $1, 500 from Athalie R. Clarke and conveyance of $1, 500 to the Newport Harbor Lawn Bowling Association as contri- bution toward furnishings of clubhouse at San Joaquin Hills Park. BA -14, $3, 500 transfer of Budget Appropriations for architectural fees for Finance Department addition from Unappropriated Contingency Reserve to Finance Department Addition, General Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. The Financial Report of the City of Newport Beach from the City Manager and the Finance Director for the fiscal year ending June 30, 1973, was presented with auditor's opinion from Binder, Mestyanek, Johnson & Co., City auditors. Motion x The matter was continued to October 29, and the Ayes x x x x x x x staff was directed to ask Mr. Mestyanek to be present at the Study Session. Volume 27 - Page 247 INDEX COUNCILMEN CITY OF NEWPORT BEACH MINUTES P�f; p3 n p a 0 A O � ROLL CALL T v N N (9( October 9. 1973 }NDEX • Motion Ayes Motion Ayes Motion Ayes Motion &s Motion Ayes Motion Ayes Motion Ayes • 2. A report was presented from the Public Works Be Director regarding an Arterial Highway Financing Bc Program Project Administration agreement for W: Fiscal Year 1973 -74 in connection with Balboa Boule- vard widening.between 44th and 33rd Streets. x The matter was tabled until staff can bring back for x x x x x x x discussion to City Council the requirement or wisdom of widening Balboa Boulevard. ADDITIONAL BUSINESS: x 1. Councilman Store was appointed as an additional Bi x x x x x x x member to serve as liaison to the Bicycle Trails T: Citizens Advisory Committee. Ci A4 x 2. Councilman Dostal was designated as the delegate In x x x x x x x and Mayor McInnis as the alternate to the Inter- C1 governmental Coordinating Council, and the City C1 Clerk was directed to notify the Intergovernmental O: Coordinating Council of said change in delegates. x 3. Councilman Dostal was authorized to attend the N, x x x x x x x N. 0. 1. S. E. Board of Directors meeting in Washington, D.C., October 26 -27, 1973. 4. Resolution No. 8112, authorizing the Mayor to L: execute an agreement to settle the lawsuit filed by V the Costa Mesa County Water District against the C: x City of Newport Beach, and rescinding Resolution P x x x x x x x No. 8102, was adopted. R 5. Robert MalinoffIs resignation from the Environmental E: Quality Control Citizens Advisory Committee was x accepted with regret, the Mayor was directed to write Q' x x x x x x x a letter accepting his resignation, and Mayor Pro C Tem Rogers was directed to submit an appointee for C Council's confirmation. A 6. Helen Caron, resident of Corona del Mar, spoke to T the Council briefly regarding the proposed 5th Avenue bypass. P x The meeting was adjourned at 11:05 P. M. to 7:30 P. M. , x x x x x x x October 15, 1973. Mayor ATTEST- City Clerk' Volume 27 - Page 248