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HomeMy WebLinkAbout06/26/1972 - Regular MeetingCOUNCILMEN P�\�v ; \(:C NE 3p ZZ � O ROLL CALL PN 9� pF CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7 :30 P.M. Date: June 26, 1972 MINUTES INDEX Present xxxxxxx Roll Call. Rotion x The reading of the Minutes of the Regular Meeting of Ayes xxxxxxx June 12, 1972 was waived, said Minutes were approved as written and ordered filed. Motion x The reading in full of all ordinances and resolutions under Aye xxxxxxx consideration was waived, and the City Clerk was directed to read by titles only. HEARINGS: 1. Mayor McInnis opened the public hearing in connection Weed with the Spring, 1972 Weed Abatement Program. Abatement A report from the Fire Chief dated June 2, 1972 and the Assessment List on abatement of weeds and other nuisances within the City were presented. No one desired to be heard. Motion x The hearing was closed. Ayes xxxxxxx • Resolution No. 7726, confirming the report of the R -7726 Fire Chief assessing the cost of the abatement of weeds and other nuisances and requesting the Auditor - Controller of Orange County to enter the amount of Motion x each assessment referred to in said report on the Ayes xxxxxxx County tax roll, was adopted. 2. Mayor McInnis opened the continued public hearing Budget for the purpose of considering the preliminary budget 1972 -73 as prepared by the City Manager for the fiscal year 1972 -73, pursuant to Section 1102 of the City Charter. No one desired to be heard. Motion x The hearing was closed. Ayes xxxxxxx Resolution No. 7727, adopting the Budget for the R -7727 Motion x 1972 -73 Fiscal Year, in the amount of $14, 233, 125. 00, Ayes xxxxxxx was adopted. 3. Mayor McInnis opened the public hearing regarding Master Master Plan Amendment No. 26, a proposal to re- Plan designate the location of a proposed secondary high- Amendmnt way from a northwesterly alignment between Superior Avenue and Balboa Boulevard extended to an alignment • Volume 26 - Page 156 COUNCILMEN iaF ? ; 9 O NA CITY OF NEWPORT BEACH MINUTES ROLL CALL T Y pa N f y( pP June 26, 1972 INDEX commencing at Superior Avenue, thence westerly along the existing alignment of 15th Street to Monrovia Avenue, thence westerly to a point of connection with Balboa Boulevard extended. Richard Clucas spoke from the audience and asked if the City's traffic consultant agreed with the amend- ment. Motion x The hearing was closed. Ayes xxxxxxx Resolution No. 7728, adopting Amendment No. 26 to R -7728 Motion x the Master Street and Highway Plan, was adopted, Ayes x x x x x x x subject to the City's traffic consultant's concurrence. 4. Mayor McInnis opened the public hearing regarding Dist Ordinance No. 1445; being, Map 12 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING DISTRICT MAP NO- 12 TO DELETE THE ESTABLISHED 10 -FOOT FRONT YARD SETBACK FOR LOT 21 ON "L" STREET, AND TO ESTABLISH 10 -FOOT FRONT YARD SETBACKS FOR LOTS 21 AND 22 ON MIRAMAR DRIVE, Planning Commission Amendment 321. No one desired to be heard. Motion x The hearing was closed. Ayes xxxxxxx Motion x Ordinance No. 1445 was adopted. Ayes xxxxxxx 5. Mayor McInnis opened the public hearing regarding Outdoor Ordinance No. 1446, being, Lighting AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 20.08.12 TO THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "OUTDOOR LIGHTING," Planning Commission Amendment No. 320, regulating outdoor lighting of swimming pools, tennis courts and other uses of a similar nature located in a residential area. Volume 26 - Page 157 COUNCILMEN pC, FL G ,� n N Sp 'n QF 2 p0 �A O ROLL CALL ZS' pn a f' y( P� CITY OF NEWPORT BEACH Tune 26. 1972 MINUTES INDEX •Robert Wright and Mrs. Paul Bernhart spoke from v the audience in favor of the ordinance. Motion x The hearing was closed. Ayes xxxxxxx Motion x Ordinance No. 1446 was adopted. Ayes xxxxxxx 6. Mayor McInnis opened the public hearing regarding Dist Ordinance No. 1447, being, Map 1 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 1, Planning Commission Amendment No. 323, rezoning from a C -1 District to an R -2 District and establishing a 10 -foot front yard setback adjacent to Colton Street, Lots 9 and 10, Block 6 and Lots 6, 7 and 8, Block 7, Seashore Colony Tract. No one desired to be heard. otion x The hearing was closed. es xxxxxxx Motion x Ordinance No. 1447 was adopted. Ayes xxxxxxx ORDINANCES FOR ADOPTION: 1. Ordinance No. 1448, being, Transie, Occupan AN ORDINANCE OF THE CITY OF NEWPORT Tax BEACH AMENDING SECTION 3. 16.030 OF THE NEWPORT BEACH MUNICIPAL CODE TO PRO- VIDE FOR AN INCREASE IN THE UNIFORM TRANSIENT OCCUPANCY TAX, increasing the tax from five percent to six percent, effective October 1, 1972, was presented for second reading. Frank Marshall, Helen McNair and Margaret Hall spoke from the audience in opposition to the ordinance. Robert Konrad, President of Broadmoor Hills Associ- ation, spoke in favor of the ordinance. Ation x Ordinance No. 1448 was adopted. Ayes xxxxxxx Volume 26 - Page 158 nt cy COUNCILMEN Pf+� �< oC ; CITY OF NEWPORT BEACH MINUTES ROLL CALL �� vN N �' �t pm June 26, 1972 INDEX • ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1449, being, Dist Mar 34 & 35 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NOS. 34 AND 35, Planning Commission Amendment No. 313, request of Collins Radio Company to rezone from an Unclassi- fied District to a Planned Community (P -C District) approximately 177. 38 acres, located in the area of Campus Drive, Jamboree Road and MacArthur Boule- vard, was presented with a report from the Communit Development Department. Daniel Emory asked that a stipulation be included requiring lessees in the development to sign a state- ment acknowledging the City's policy against any expansion of flights at Orange County Airport_. Motion x Ordinance No. 1449 was introduced and set for public Ayes x x x x x x x hearing on July 10, 1972. • 2. A proposed ordinance, being, Promon- tory AN ORDINANCE OF THE CITY OF NEWPORT Bay BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NOS. 15 AND 37, Planning Commission Amendment No. 324, request of The Irvine Company for rezoning from an Unclassi- fied District to an R -1 District and from a C -N -H and R -3 District to an Unclassified District (Promon- tory Bay), was presented with a report from the Community Development Department. Motion x Consideration of the ordinance was diaried to July 24, Ayes xxxxxxx 1972. 3. Proposed Ordinance No. 1450, being, Uniform Bldg Cod AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.04 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE UNIFORM BUILDING CODE, 1970 EDITION, adopting by reference the "Uniform Building Code" and the "Uniform Building Code Standards" subject to certain additions, deletions and amendments, was presented with a report from the Community Develop- ment Department. Volume 26 - Page 159 COUNCILMEN i \�J- I \0�, \tc \10— I \00, CITY OF NEWPORT BEACH MINUTES LOLL CALL T pN m c r� F June 26, 1972 INDEX • Bob Fowler, Building Administration, gave a staff reporton plans currently in Plan Check. Motion x Ordinance No. 1450 was introduced and passed to Ayes x x x x x x x second reading and public hearing on July 24, 1972. 4. A proposed ordinance, being, Height Limits AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 20. 09 TO TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "HEIGHT LIMITS "; AMENDING SECTIONS 20.02.200, 20. 02.205, 20. 10.030, 20.12.030, 20.14.030, 20.16.050, 20_18.050, 20.19.040, 20.20.040, 20.22.040, 20.24.040, 20.26.050, 20.28.030, 20.30.060, 20.32.050, 20.34.030, AND 20. 50.130, AND DELETING SECTION 20. 08.130 AND CHAPTER 20.42, establishing four height limitation zones, was pre- sented with a report from the Community Develop - ment Department. The City Clerk stated that she had received two identical letters that day from Fashion Island v Merchants Association and Newport Center Associ- ation protesting height limitations in Newport Center as proposed in the ordinance. Tom Peckinpaugh, representing Versailles on the Bluff, and Allan Beek spoke from the audience.. Motion x The proposed ordinance was diaried to July 10 for Ayes x x x x x x x consideration of introduction and for setting for public hearing on August 14, 1972. 5. Proposed Ordinance No. 1451, being, R -1.5 Dist AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 20. 13 TO TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "R -1. 5 DISTRICT, " Planning Commission Amendment No. 327, to allow single - family units or duplexes to have a second unit limited in size, was presented with a report from the Community Development Department. Allan Beek and Frank Marshall spoke regarding maximum percentage area on small parcels. An amendment to Section 20. 13.030 (a), changing the height limit from thirty -five feet to twenty -eight feet, was considered. Volume 26 - Page 160 COUNCILMEN CITY OF NEWPORT BEACH ROLL CALL *�� pa o C y( 'i^ June 26, 1972 �tion x Ordinance No. 1451 was introduced, as amend —yes x x x x x x x set for public hearing on July 24, 1972. 6. A proposed ordinance, being, AN ORDINANCE OF THE CITY OF NEWI BEACH ADDING CHAPTER 15.35 TO TH NEWPORT BEACH MUNICIPAL CODE, ENTITLED "REPORTS OF RESIDENTIAL BUILDING RECORDS, " requiring truth in real estate sales was prese with a report from the City Attorney and a let from the Newport Harbor -Costa Mesa Board , Realtors asking for an opportunity to review t ordinance. Motion x Consideration of the ordinance was diaried to Ayes xxxxxxx 1972. 7. Proposed Ordinance No. 1452, being, AN ORDINANCE OF THE CITY OF NEW] BEACH AMENDING SECTION 12. 56.140 THE NEWPORT BEACH MUNICIPAL CO. • PERMIT THE RIDING OF BICYCLES ON ` CERTAIN SIDEWALKS IN CONNECTION THE DEVELOPMENT OF BICYCLE TRA was presented with a report from the Public i Director. Motion x Ordinance No. 1452 was introduced and passe Ayes x x Exxxx second reading on July 10, 1972. RECESS for five minutes was declared by Mayor ] The Council reconvened with all members present 8. Proposed Ordinance No. 1453, being, AN ORDINANCE OF THE CITY OF NEW] BEACH AMENDING SECTION 12. Z4_1 00 THE NEWPORT BEACH MUNICIPAL CO ESTABLISH A 25 MPH SPEED LIMIT ON PORTIONS OF NEWPORT HILLS DRIVE AND NEWPORT HILLS DRIVE WEST, was presented with a report from the Public I 40 Department. Volume 26 - Page 161 MINUTES ed, and 'ORT E rated ter >f he July 24, INDEX Residential Building Record Reports Bicycle Trails DORT OF DE TO WITH ILS, Vorks d to 4cInnis. Speed Limits DORT OF 3E TO EAST Vorks I COUNCILMEN pn f<9� ; C% C� N so 8 om y2 0 "a o POLL CALL T� pm a!'yt pF CITY OF NEWPORT BEACH June 26. 1972 MINUTES 11101: 0 tion x Ordinance No. 1453 was introduced and passed to es x x x x x x x second reading on July 10, 1972. CONTINUED BUSINESS: 1. Resolution No. 7729, being a resolution of the City Gas Tax Council of the City of Newport Beach setting forth its Monies intention to set aside a substantial portion of the R -7729 additional money received from the one percent sales tax attributable to the sale of gasoline for coordinated Motion x county -wide efforts to environmentally enhance trans - Ayes x x x x x x x portation, was adopted. 2. A report from the Public Works Director regarding Newport Tract 7817 (Newport Crest) was presented with a Crest report from the City Attorney. Resolution No. 7730, requesting the California High- R -7730 way Commission to approve a public street crossing Motion x the adopted Route. 55 Freeway (Newport Beach Free - Ayes x x x x x x x way), was adopted. 3. A supplemental report was presented from the Com- Tract munity Development Department regarding the 7838 • Tentative Map of Tract 7838, request of Don Olmstead to create one lot for an 18 unit condominium develop- ment on the Lido Peninsula, located at 631 and 633 Lido Park Drive on the easterly side of Lido Park Drive, north of 28th Street, Parcels A, B and C of Resubdivision No. 256, zoned C -2. Dan Olmstead, developer, spoke from the audience and explained the method to be used for disposal of the excavation water. Motion x The Tentative Map of Tract 7838 was approved, Ayes xxxxxxx subject to the conditions recommended by the Planning Commission. 4. A report was presented from the Community Develop- General ment Department regarding consultant proposal of Plan Moffatt & Nichol, Engineers, in connection with the Coastal Element of the General Plan. Allan Beek and Bob Orman spoke in favor of a feasibility study of the County corridor behind New - port Shores for the development of a marina. tion x A proposed resolution authorizing subject consultant S xxxxxxx services was diaried to August 14, 1972. Volume 26 - Page 162 COUNCILMEN \. \Tc; � \�4- 0 \01, \S-i; C \14— I CITY OF NEWPORT BEACH MINUTES ROLL CALL T� pN a yr v� June 26, 1972 INDEX CURRENT BUSINESS: 1. A report was presented from the Public Works BI Director regarding reimbursement agreement for Groins groins on Balboa Island. Resolution No. 7731, authorizing execution of an R -7731 agreement between the City of Newport Beach and the County of Orange for the, construction of groins Motion x on Bay Front, Little Island, was adopted; with the Ayes x x x x x x x proviso that the City is not waiving in any way, negotiations with the Orange County Harbor District for Harbor District participation. 2. A report was presented from the City Manager regard Beach ing agreement for the Beach Erosion Control Project. 'Erosion Motion x The following resolutions were adopted: Ayes xxxxxxx Resolution No. 7732 authorizing the execution of R -7732 an agreement between the City of Newport Beach and the County of Orange for the contribution of costs in connection with Stage 4A of the Beach Erosion Control Project. • Resolution No. 7733 authorizing execution of a R -7733 funding agreement between the City of Newport Beach and the County of Orange for Stages 4B and 5 of the Federal Beach Erosion Control Project. 3. A report was presented from the City Manager regard Employee ine 1972 -73 employee salary and benefit agreements Salaries and Council appointees' salaries. Resolution No. 7734, approving the agreements R -7734 Motion x negotiated by representatives of the employee associ- Ayes x x x x x x x ations and the City representatives, was adopted. Resolution No. 7735, fixing the annual salaries of R -7735 Motion x the City Manager at $31, 600, the City Attorney at Ayes x x x x x x x. $26, 500 and the City Clerk at $15, 600, was adopted. 4. A report was presented from the Community Develop- ComDev ment Department regarding a HUD Grant for a Data computer - based, centralized data system- System Resolution No. 7736, authorizing execution of a R -7736 consultant services agreement between the City of Newport Beach and A. T. Kearney and Co, in con- tion x nection with the establishment of a computer based, Ayes x x x x x x x centralized data system, was adopted. Volume 26 - Page 163 COUNCILMEN \4 .1, 110 0 CITY OF NEWPORT BEACH MINUTES TOLL CALL �:���pN�a�C yr r� June 26, 1972 • Resolution No. 7737, authorizing the filing of an application for a H. U. D. grant for the establishmen Motion x of a computer based, centralized data system, was Ayes x x x x x x x adopted. 5. A report was presented from the Community Develo ment Department regarding Final Map of Tract 7852 (Newport Crest), requesting approval of a previousl approved Tentative Map of Tract 7817 for condomin• ium development on Lot 2 and a portion of Lot 1 of Tract 463, located on the westerly side of Superior Avenue, north of Pacific Coast Highway and at the southerly end of Monrovia Avenue, zoned R -3 -B -2 and Unclassified (Banning property). Motion x The Final Map of Tract 7852 was approved, subject Ayes x x x x x x x to the conditions recommended by the Planning Corn mission; and Resolution No. 7738, authorizing the execution of an agreement with Robert H. Grant Corporation, subdivider, for the construction of improvements in Tract 7852, was adopted. 6. A report was presented from the Community Develc ment Department regarding Tentative Map of Tract 6905, request of I. D. H. , a joint venture (Holstein • Company), to permit a subdivision of 20.8 acres int a planned residential development consisting of 64 residential lots, one green area lot, one tennis clut lot and one maintenance area lot, portion of Blocks 51 and 52 of Irvine's Subdivision, located westerly i Eastbluff Drive and southerly of Vista Del Oro (the southwest corner of Eastbluff Drive and Vista Del C zoned R- 4- B -2 -UL, C -N -H and R -3 -B. Motion x The Tentative Map of Tract 6905 was approved, Ayes x x x x x x x subject to the conditions recommended by the Planning Commission. 7. A report was presented from the Community Develc ment Department regarding the appeal of Modificati No. 471, request of Mrs. Mary Jo Belanger and Ml Albert Shonk to permit a zero side yard setback, fo the garage only, in order to provide a 3 -car garage for a duplex on a thirty foot wide R -2 lot located at 223 Sapphire Avenue, Balboa Island, on the westerl side of Sapphire Avenue between Balboa and Park Avenue, Lot 26, Block 9, Section 2, Balboa Island Tract. Volume 26 - Page 164 INDEX R -7737 p- Tract 7852 Y R -7738 p- Tract 6905 Z of r p- I Mod 471 / cm Zero Setbacks r Y COUNCILMEN 0 C o N A 9( N 0 2 p p ROLL CALL � pi^ CITY OF NEWPORT BEACH June 26. 1972 MINUTES I. &M is ies W Tom Houston, President of the Balboa Island Improve- ment Association, suggested zero setbacks be allowed with carports rather than with 3 -car garages. Modification No. 471 and the proposed policy state - Motion x ment regarding zero setbacks for garages were dis- Ayes x x x x x x x approved, and the policy statement was referred back to the Planning Commission for further review and for consideration of carports. 8. A report was presented from the Public Works East Director regarding construction of the East Newport Npt Hg Heights storm drain. Storm Drain Motion x The matter was diaried to July 10 for a report from Ayes x x x x x x x staff regarding replacement of the ground cover and the loss of trees. 9. A report was presented from the Public Works Police Director regarding construction of Temporary Police Facilit Facilities, Contract No. 1421. A Change Order to deduct items of work in the esti- Motion x mated amount of $4, 700 was approved; and Re so- es x x x x x x x lution No. 7739, awarding a contract to Gentosi Bros. , R -7735 in the amount of $68, 300 for the construction of Temporary Police Facilities, Contract No. 1421, was adopted. 10. A report was presented from the Parks, Beaches and Begoni Recreation Commission regarding playground equip- Park ment for Begonia Park. Bob Orman inquired about the type of equipment. Parks, Beaches and Recreation Director gave a brief staff report on the proposed equipment. The purchase of playground equipment for Begonia Motion x Park in the amount of $4, 000 to be funded from the Ayes xxxxxxx West Jetty View Park budgeted funds was authorized. 11. A report was presented from the City Manager ComDe regarding acquisition of electronic calculators for Dept the Community Development Department. The use of available funds in Capital Outlay, Budget No. 2990 (Community Development Department), for the acquisition of two electronic calculators for use Motion x in the Planning and Building Divisions of the Depart- s xxxxxxx ment, was approved. Volume 26 - Page 165 is ies W COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROLL CALL *� P" s 9r �� June 26, 1972 INDEX • CONSENT CALENDAR: Motion x The following items were approved by one motion affirm - Ayes x x x x x x x ing the actions on the Consent Calendar: 1. The following Advisory Communications were ordered filed: Letter from William C. Clapet to Mayor McInnis Cannery regarding Cannery Village. Village Card from Michael Valley and letter from Warren W. Police Crow, Jr. protesting the Police helicopters. Helicopters Copy of letter to Daily Pilot from Winton Ashton regarding encroachments into public property. . Letters from Phillip Bernan regarding traffic on Balboa Peninsula, pollution in Newport Bay and thanking Council for the bike trails on Jamboree Road. Letter from City of Costa Mesa acknowledging receipt Pac of Resolution 7695 of Newport Beach which urged Coast passage of AB 1322, and advising that the Costa Mesa Fwy • City Council had reaffirmed their support of AB 1837 (Burke). Resolution of the City of Orange expressing its Gas Tax intention to create a special fund for the deposit of a Monies portion of monies received by said City from local sales taxes on gasoline sales, said money to be used for the environmental enhancement of the City of Orange. Ordinance of the County of Orange adding "Local Park Code" to the codified ordinances of the County. Resolution of the City of Gardena requesting the National Football League to reconsider its action in prohibiting television broadcasting of the Superbowl game. League of Second Legislative Digest. Calif Cities Copy of California Municipal Finance from Dean Watson Witter & Co. containing questions and answers on Amendmt the "Watson Amendment ". • Excerpt from minutes of the Board of Supervisors Npt Bay/ meeting of June 13, 1972 indicating that the Director Moorings Volume 26 - Page 166 COUNCILMEN CITY OF NEWPORT BEACH MINUTES \ "<1< \t- X-- \ 0\9\04 ROLL CALL \* * "'G r P June 26, 1972 • ,ay Plan of the Plan that said R -7740 rterial Highway :lusion in the of Harbors, Beaches and Parks was . (A report presented.) cooperation with the City of Newport a study of the Bay Berth Modular Co: re- design of water use plan in Newpc Resolution of the California Mosquitc ation opposing Proposition No. 9. Agenda of Board of Supervisors meet 14, 20 and 21, 1972. Copy of Los Angeles Regional Trans] news letter for June, 1972. 2. The following communications were indicated: Referred to staff for reply, letter fro Island Association to Mayor McInnis concern regarding future building on Referred to Pending Legislation Com lutions of the City of Westminster ur legislation simplifying and modernizi • process. 3. The following resolutions were adopt Resolution No. 7740 advising the Art Financing Program Advisory Commi changes in the Master Street & Highv City of Newport Beach and requestini changes be adopted into the County A Master Plan and made, eligible for in Arterial Highway Financing Program from the Public Works Director was Resolution No. 7741 designating an is which vehicles are required to stop a Traffic Engineer to erect necessary porter Inn driveway before crossing Jamboree Road. (A report from the Department was presented.) Resolution No. 7742 designating an it which vehicles are required to stop a Traffic Engineer to erect necessary Del Oro before crossing or entering' (A report from the Public Works Dep presented.) Volume 26 - Page 167 H&01:0 directed, in Beach, to make icept and possible rt Harbor Bay. Control Associ- ings held June 1 )ortation Study •eferred as im Newport Npt Island expressing the Island. mittee, reso- ;ing adoption of ng the judicial :d: arial Highway Master :tee of certain St & Hwy ,ay Plan of the Plan that said R -7740 rterial Highway :lusion in the . (A report presented.) ,tersection at Stop nd directing the Controls atop sign, New- R -7741 >r entering Public Worka terse c' at Stop nd di_re 1ng the Controls ;top sign, Vista R -7742 lists Del Sol. artment was COUNCILMEN \\x Xfin; Cp OA CITY OF NEWPORT BEACH \ \�ROLL CALL � vN a � 9r a� June 26, 1972 • Water d & R -7746 a Water c R -7747 Resolution No. 7743 designating an intersection a which vehicles are required to stop and directing Traffic Engineer to erect necessary stop sign, & Rosa Drive before entering or crossing Newport Center Drive. (A report from the Public Works Department was presented with a letter from the port Center Association requesting immediate installation of the proposed four -way stop signs a subject intersection.) Resolution No. 7744 amending Resolution No. 72 establish two -hour parking meter operation in Pa Meter Zone 4. (A report from the Public Works Department was presented. ) Resolution No. 7745 authorizing the execution of contract to serve water outside the City to the 01 County Sanitation District. Resolution No. 7746 authorizing the execution of contract to serve water outside the City to Nicol: Christ. Resolution No. 7747 authorizing the execution of • contract to serve water outside the City to Pacifi View Memorial Park. Resolution No. 7748 authorizing the execution of contract to serve water outside the City to Genex Crude Oil Company. Resolution No. 7749 authorizing the execution of contract to serve water outside the City to Arms Petroleum Corporation. Resolution No. 7750 authorizing the execution of agreement between the City of Newport Beach an Norbert Reinhart for the management of Marinar (A report from the City Manager was presented. 4. The following claims for damages were denied ai the City Clerk's referral of the claims to the insurance carrier was confirmed: Claim of Ruth C. Larson for damages to her veh which allegedly occurred at Pacific Coast Highw+ and Jamboree Road on April 28, 1972 when her c was involved in an accident with a City vehicle. Claim of Louis J. Matteson for property damage his home at 729 St. James Road, Newport Beach Volume 26 - Page 168 MINUTES t the int a New- t L8 to .rking INDEX Stop Controls R -7743 Prkg Mete is R -7744 a Water •ange R -7745 a Water d & R -7746 a Water c R -7747 a al a trong an 3 ark. 1 id Lcle �y ar to on Water R -7748 Water R -7749 Marina- park R -7750 Claims Larson Matteson ROLL • • COUNCILMEN ipls�� \11\x \C11i CITY OF NEWPORT BEACH MINUTES CALL \_.W pN P'Npl�\pF\ June 26, 1972 INDEX April 28, 1972, allegedly caused by malfunction of a City sewer.: Claim of Eugene R. and Megan R. Spencer for pro- Spencer perty damage at 2315 Laurel Place, Newport Beach on June 10, 1972, allegedly caused by a blocked sewer line. 5. The following requests to fill personnel vacancies were approved: (A report from the City Manager was presented) Two Typist Clerk I in the Library to fill positions now vacant. One Police Clerk I in the Police Department to fill a position now vacant. One Humane Officer in the Police Department to fill a position now vacant. One Refuse Crewman in the General Services Depart- ment to fill a position now vacant. 6. The following staff and Commission reports were received and ordered filed: Report from the Public Works Department regarding Stop Santiago Drive traffic controls. Sign Report from the City Attorney regarding timing of Elections special elections and regarding the Watson Amend- Watson ment. Amendmt Report from the City Manager regarding State Grants Recreation for recreational facilities. Facilities Report from the Parks, Beaches and Recreation Park Commission regarding the Park Bond Issue and Bond recommending that consideration of a future election Issue be held over until next spring. Report from -the Police Chief to the City Manager Peace regarding third quarter reimbursement of Funds from Officers Peace Officers Standards and Training as a result of Training money expended for training. 7. The improvements constructed in conjunction with Tract Tract No. 6938 were accepted, and the City Clerk 6938 was authorized to release the Faithful Performance Volume 26 - Page 169 F COUNCILMEN CITY OF NEWPORT BEACH \.a\(y \y 'BOLL CALL T ? a \ G \y a \ � A June 26, 1972 • Yachts ;oast Harb Aarine Perm Bond and to release the Labor and Materials six months provided that no claims have bee: (A report from the Public Works Director w+ sented.) 8. The application of Pacific Marine Yachts, In Harbor Permit Application No. 129 -2751 to existing float and dock configuration to actor a floating "dry dock" bayward of 2751 West ( Highway was approved.. (A report from the I Safety Department was presented. ) 9. The application of the U. S. Corps of Engin e Special Permit Nos. LA 2154 and LA 2155 fr tinuation of the beach surveillance program year was approved. (A report from the Mar Safety Department was presented.) 10. The staff was directed to include a special a in the 1972 -73 tax rate resolution, in the tot of $5, 979. 50, upon the Balboa Island Lightin said special assessment to be levied on land report from the Public Works Director was • 11. The following Budget Amendments were app3 BA -77, $19, 260 transfer of Budget Appropri for City's share of Stage 4A of the Federal I Erosion Control Project from Unappropriate Contingency Reserve to Stage 4A -Beach Ero Control Project, General Fund. BA -78, $17, 000 transfer of Budget Appropri for contract with Paul S. Veneklasen & Assc and Mawhinney and Long in connection with of the Noise Element of the General Plan. BA -79, $17, 000 transfer of Budget Appropri for construction of temporary police facilitii Contract No. 1421, from Unappropriated Co Reserve to Construct Temporary Police Fac General Fund. ITEMS REMOVED FROM THE CONSENT CALES 1. A letter from the State Division of Highways of their intent to acquire property at 718 Jae Avenue, Corona del Mar, was presented. Volume 26 - Page 170 MINUTES INDEX Bond in i filed. to pre- c. for Pacific revise Marine nmodate Yachts ;oast Harb Aarine Perm era for Beach r con- Surveil - ;or one lance ine Program 3sessment B:I ,1 amount Assessmt g District; Dist only. (A ?resented.) oved: ations ;each d sion ations ciate s Phase I ations :s, ntingency iliti e s , I DAR : advising mine State Surplus Prop COUNCILMEN ���.0 p00 \(I:r% \lrf' p3 F ROLL CALL sfT 9N CITY OF NEWPORT BEACH June 26. 1972 MINUTES INDEX •tion x The staff was directed to write to the State advising ,Zyes xxxxxxx that the City opposes said acquisition and requesting a reply from the State Division of Highways; copies of the City's letter to be sent to the Little Hoover Commission and the County Road Commissioner. 2. A letter from the State Division of Highways enclosing a copy of the 1971 Section 256 Report and California Motion x Continuing Functional Classification Study Report was Ayes xxxxxxx ordered filed. 3. A letter from the State Division of Highways to the State City Manager stating that a review of the site located Surplus near The Arches indicates that leasing it to the City Prop of Newport Beach for park purposes will not be com- mensurate with the benefits of the State Highway was presented. Motion x The staff was directed to write to the State Division Ayes xxxxxxx of Highways asking for information pertaining to available properties acquired by the State for freeway purposes. 4. A resolution of the City of Riverside requesting the Air Governor to declare a state of emergency in the Pollution • south coast air basin due to conditions of disaster or v extreme peril to the safety of persons and property caused by air pollution which conditions, by reason of their magnitude, are beyond the control of the ser- vices, personnel, equipment and facilities of any single county or city and require the combined forces of a mutual air region or regions to combatwas Motion x referred to the Environmental Quality Control Com- Ayes xxxxxxx mittee; and the staff was requested to provide the Council with as much data as possible on current and pending anti -smog and pollution legislation for the Study Session of July 10. 5. A petition bearing thirty -six signatures of property Dahlia, owners and residents of the immediate area requesting Street End that something be done to improve the condition of the street end at Dahlia Avenue above Bayside Drive Motion x was referred to the Parks, Beaches and Recreation Ayes xxxxxxx Commission for study and recommendation - 6. A report was presented from the Parks, Beaches and Park & Recreation Director to the City Manager regarding View church property on Cliff Drive. Sites Volume 26 - Page 171 COUNCILMEN CITY OF NEWPORT BEACH MINUTES TOLL CALL T Y vN v yC Pm June 26, 1972 INDE �tion x The Parks, Beaches and Recreation Department was es Xxxxxxx directed to reinitiate, at the appropriate time, a request to the State Department of Highways to lease for park purposes the church property on Cliff Drive which was declared surplus by the State. 7. A letter from George W. Logan expressing appreci- Bicycle Motion x ation for the bike paths and suggesting improvements Trails Ayes xxxxxxx was referred to staff for reply. 8. After the introduction of Joan Bernatz, who was in the audience as an observer for the League of Women Voters, a letter from the League of Women Voters of Motion X Orange Coast explaining their Observer Program was Ayes xxxxxxx, ordered filed. ADDITIONAL BUSINESS: 1. Resolution No. 7751, opposing any State legislation OrCo which would abrogate the decision of the California Airporl Supreme Court in the Case of Nestle v. City of Santa R -7751 Motion x Monica, as it relates to nuisance actions brought Aye xxxxxxx against public airport operators, was adopted. 2. Councilman Dostal made a motion to amend Resolution MCDoni No. 7752, reaffirming the City's continued willingness Douglai to cooperate with neighboring cities in the planning of land uses on properties near or adjacent to the Orange County Airport, to include specific instructions to the Inter -City Relations Committee. Motion x Mayor Pro Tem Rogers made a substitute motion to R -7752 Ayes xxxxx x adopt Resolution No. 7752 as submitted, which motion Noes x carried. Motion x 3. Councilman Kymla made a motion to direct the staff Park & Ayes xxxxxx to employ an appraiser, for an amount not to exceed View $5, 000, for the purpose of establishing a market Sites value for the Cliff Drive view site properties. Allan Beek suggested that the appraisal also include the value of the site plane across from the property. Councilman Kymla amended his motion to include Mr. Beek's suggestion, which amended motion carried. Motion x 4. The Budget Committee was directed to meet with the Park & Ayes x x x x is x x Parke, Beaches and Recreation Department and mem- View bers of the Commission for the purpose of establishing Sites Volume 26 - Page 172 Sell COUNCILMEN O 00 N p0 O ROLL CALL T�v pm N IV v� • Motion Ayes • CITY OF NEWPORT BEACH .Tnrip 2i. 1079 MINUTES sites, park sites and bicycle in, which properties are in ng developed, and report back ith possible methods of S. I from the Marine Safety :he application of Burgess - or Permit No. 221 -3010 to oat parallel to the bulkhead Lancaster's Addition, Lots petty), and to construct a the 30th Street street -end. -3010 was approved with the ireet pier will not extend ead Line, and subject to the d by the Marine Safety Depart- INDEX Old Cannery Property Harb Perm esenting Marinapark lessees, Marina - Rarinapark as a mobile home park City obtain an appraisal of s true value. e meeting at 11:08 P.M. �O W7, - Page 173 a priority list for view trails in the Master Pl imminent danger of bei to Council on July 10.E financing said prioritie 5. A report was presente< Department regarding Donovan, Inc. for Hari construct a pier and flc bayward of Block 429, 1 - 7 (Old Cannery Prc public pier bayward of x Harbor Permit No. 221 x x x x x x x condition that the 30th beyond the U. S. Pierb conditions recommend( ment. Roy Woolsey, attorney reps requested the City to keep I park and suggested that the the property to determine it Mayor McInnis adjourned tf ATIEEST: City cleilk Volume V MINUTES sites, park sites and bicycle in, which properties are in ng developed, and report back ith possible methods of S. I from the Marine Safety :he application of Burgess - or Permit No. 221 -3010 to oat parallel to the bulkhead Lancaster's Addition, Lots petty), and to construct a the 30th Street street -end. -3010 was approved with the ireet pier will not extend ead Line, and subject to the d by the Marine Safety Depart- INDEX Old Cannery Property Harb Perm esenting Marinapark lessees, Marina - Rarinapark as a mobile home park City obtain an appraisal of s true value. e meeting at 11:08 P.M. �O W7, - Page 173