HomeMy WebLinkAbout09/24/1973 - Regular MeetingCOUNCILMEN
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ROLL CALL
CITY OF NEWPORT BEACH
REGULAR COUNCIL MEETING
Place: Council Chambers
Time: 7:30 P.M.
Date: September 24, 1973
MINUTES
INDEX
Mayor McInnis read a proclamation declaring the month of
October as United Way Month in the City of Newport Beach.
Present
x
x
x
x
x
x
x
Roll Call.
The reading of the Minutes of the Regular Meeting of
Motion
x
September 10, 1973 was waived, said Minutes were
Ayes
x
x
x
x
x
x
x
approved as written and ordered filed.
The Reading in full of all ordinances and resolutions under
Motion
x
consideration was waived, and the City Clerk was directed
Ayes
x
x
x
x
x
x
x
to read by titles only.
HEARINGS:
1. Mayor McInnis opened the continued public hearing
Service
regarding the proposed revocation of Use Permit 1134,
Station
which permits the operation of a service station at
Revocatior
6400 West Coast Highway, to determine whether or
UP 1134
not said use permit should be revoked due to the
abandoned nature of the site; Lots 3, 4, 5 and 6,
Block 4, Seashore Colony Tract, located at 5400 West
Coast Highway, on the northwest corner of Cedar
Street and West Coast Highway, adjacent to Newport
Shores.
A report was presented from the Community Develop-
ment Department.
Ralph Jarvis, representing the Newport Shores Com-
munity Association, addressed the Council recom-
mending revocation of the use permit.
John Tatum, representing the Exxon Company, and
Leonard Faas, owner of the property, addressed the
Council objecting to the proposed revocation.
Motion
x
The hearing was closed.
Ayes
xxxxxxx
Motion
x
Use Permit 1134 was revoked, pursuant to Section
Ayes
x
x
x
x
x
x
x
20. 43. 080 of the Newport Beach Municipal Code.
CONTINUED BUSINESS:
1: Proposed Ordinance No. 1513, being,
Emergent
Services
AN ORDINANCE OF THE CITY OF NEWPORT
•
BEACH AMENDING CHAPTER 2. 20 OF THE
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CITY OF NEWPORT BEACH
September 24, 1973
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NEWPORT BEACH MUNICIPAL CODE RELATIN
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TO EMERGENCY SERVICES,
in accordance with the State of California Office of
Emergency Services "Model City Ordinance relating
to Emergency Organization and Function" and pro -
viding for amending the Emergency Operations Plan
by resolution, was presented.
A report was presented from the City Manager.
Motion
x
Ordinance No. 1513 was -introduced and passed to
Ayes
xxxxxxx
second reading on October 9, 1973.
2. A proposed ordinance, being,
Motior
Pictur
AN ORDINANCE OF THE CITY OF NEWPORT
TV'Fe
BEACH AMENDING SECTIONS 5.46. 010 AND
5.46. 030 OF THE NEWPORT BEACH MUNICIPA
CODE PERTAINING TO MOTION PICTURE AND
TV PRODUCTIONS ON PUBLIC PROPERTY,
requiring a permit for use of any public property or
facility for the purpose of taking motion pictures or
television pictures, was presented.
•
A report was presented from the City Attorney.
Mayor Pro Tem Rogers made a motion to introduce
Ordinance No. 1514 and pass to second reading on
October 9, 1973.
.Motion.
x
Councilman Dostal made a substitute motion to post -
Ayes
x
x
x
x
x
x
pone the proposed ordinance until October 29, 1973,
Noes
x
which motion carried.
3. Councilman Kymla's appointment of Judy Tracy as
Envirc
the member on the Environmental Quality Control
menta
Motion
x
Citizens' Advisory Committee replacing Marian
Qualit,
Ayes
x
x
x
x
x
x
x
Parks (who is now an alternate), was confirmed.
Contrc
Citiz e]
Adv Q
CURRENT BUSINESS:
1. A letter was presented from Jack Kasparek sub -
PB &R
mitting his resignation from the Parks, Beaches and
Comsr.
Recreation Commission due to his moving to Florida.
Motion
x
Jack Kasparek's resignation was accepted with regret,
�s
x
x
x
x
x
x
x
and it was directed that a Certificate of Appreciation
be sent to him.
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ROLL CALL
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September 24, 1973
2. A report was presented from the Development
Standards Citizens' Advisory Committee.
MINUTES
A Minority Report from Goldie Joseph was received
after the agenda was printed.
Mayor Pro Tern Rogers stated that Elaine Linhoff had
prepared a Minority Report which had apparently been
lost.
Goldie Joseph addressed the Council asking that the
Committee report be amended as recommended in
her Minority Report.
The report from the Development Standards Citizens'
Motion x Advisory Committee was referred to the Planning
Ayes x x x x x x x Commission for necessary hearing and recom-
mendations, and the Commission was.asked to take
into consideration the original recommendations of
the Committee and suggested revisions, by Council
regarding open space, height and parking, as well as
the suggestions contained in the Minority reports.
3: A report was presented from the Parks, Beaches and
Recreation Commission regarding new nature park
being constructed in the area of Harbor View Hills
between MacArthur Boulevard and New MacArthur
(Upper Big Canyon Nature Park).
Motion x "Harbor View Nature Park" was adopted as the
Ayes x x x x x official name for the new park.
Abstain xlx
CONSENT CALENDAR:
Motion x The following items were approved by one motion
Ayes x x x x x x x affirming the actions on the Consent Calendar:
0
1. The following ordinance was introduced and passed
to second reading on October 9, 1973:
Proposed Ordinance No. 1514, being, AN ORDINANCE
OF THE CITY OF NEWPORT BEACH AMENDING
CHAPTER 3.04 OF THE NEWPORT BEACH MUNICI-
PAL CODE, ENTITLED "SALES AND USE TAX ",
to incorporate recent changes in State legislation
pertaining to sales and use tax to be administered by
the State Board of Equalization. (A report from the
Finance Director was presented.)
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•0191�_I
Dev
Standards
Adv Cmte
Harbor
View
Nature
Park
Use Tax
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2. The following resolutions were adopted:
Resolution No. 8098 declaring that weeds and other
Weed
public nuisances exist upon streets, alleys, side-
Abate .
walks, parkways, and private property within the
R -809
City, declaring that said weeds and public nuisances
must be abated, setting the time and place for a
public hearing at which the City Council will consider
protests from persons objecting to the proposed
destruction or removal of such public nuisances by
the City, and directing the Fire Chief to give notice
of the passage of this resolution and of the public
hearing.
Resolution No. 8099 authorizing the execution of a
Traffi
cooperative financing agreement between the City of
Signal
Newport Beach and the City of Irvine for the installa-
R -809
tion of a traffic signal at Campus Drive and Jamboree
Road. (A report from the Public Works Director was
presented.)
Resolution No. 8100 authorizing execution of an agree-
Data
ment between the City of Newport Beach and the City
Proce
of Laguna Beach to share the use of data processing
Servi<
facilities. (A report from the Finance Director was
R -810
•
presented.)
3. The following communications were referred as
indicated:
Referred to Pending Legislation Committee for study
Gener
and report back, letter from City of Petaluma asking
Plan
for assistance in connection with litigation challenging
components of their General Plan.
Referred to staff for reply, letter from Orange County
Narco
office of Drug Program Coordination asking for
information regarding drug registration program.
Referred to staff for reply, letter from Claire Jones
Traffi
suggesting safety measures on Jamboree Road at the
Newporter Inn.
Referred to staff for reply, letter from Newport
Gener
Harbor Chamber of Commerce questioning Council's
Plan/
.decision to re -open the discussions on the General
Densii
Plan regarding density.
4. The following communications were referred to the
•
City Clerk for filing and inclusion in the records:
Letter from Claire Jones commending the Police and
Fire Departments for their efficiency.
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September 24_ 1973
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Letter from Jim and Shirley Callaghan urging
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preservation of Upper Newport Bay.
Letter from five of the children in Bayshore Park
asking for the preservation of Bayshore Park.
Copy of letter from Charles W. and Doris B. Masters
to Planning Commission urging adoption of Amend-
ment No. 384 pertaining to Tentative and Final Sub-
division Maps.
Resolution of the City of Fullerton proclaiming
September 9 through 16 as Mexican Cultural Events
Week.
Letter from Local Agency Formation Commission
regarding hearing on September 26 in connection with
proposed annexation to Orange County Sanitation
District No. 7 designated Annexation No. 34 -
Michelson Drive- Peters Canyon Channel, located on
south side of San Diego Freeway, east of Jamboree
Road in the City of Irvine.
Memorandum from Local Agency Formation Com-
mission notifying that its regular meeting of October
•
24 has been rescheduled to October 31, 1973.
Copy of Examiner's Ruling in connection with appli-
Pink Bus
cation of Pink Bus Lines before Public Utilities Com-
Line
mission for authority to operate passenger state
service between Pomona and Newport Beach.
Agenda of Board of Supervisors meetings held
September 11, 12, 18 and 19, 1973.
5. The following claims were denied, and the City
Claims
Clerk's referral to the insurance carrier was con-
firmed:
Claim of Unni Jakobsen Weiner for damages to her
Weiner
property at 2 Rue Chateau Royal, Newport Beach, on
August 25, 1973, allegedly caused by blockage in the
main sewer line.
Claim of Laurence Burton Warfield, a minor, for
Warfield
injuries resulting from an accident which occurred
on June 6, 1973 on the school grounds of Mariners
Elementary School, allegedly due to negligence on
the part of the City.
•
Claim of Clifford C. Oliver for personal injuries and
Oliver
damages to his car allegedly sustained when he was
involved in an accident with a City vehicle on August
27, 1973 at Superior and Placentia, Newport Beach.
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CITY OF NEWPORT M
September 24, 1973
MINUTES
INDEX
6. The following requests to fill personnel vacancies
were approved: (A report from the City Manager was
presented)
One Graphics Designer in the Community Develop-
ment Department to fill a position now vacant.
One Police Officer in the Police Department to fill a
position now vacant.
One Police Clerk I in the Police Department to fill a
position now vacant.
7. The following Harbor Permit Application was ap-
Harbor
proved:
Permit
Harbor Permit Application #109 -1515 of Mr. Gordon
Crary
Crary to construct a wood retaining wall bayward of
vacated Bay Avenue at 1515 and 1519 East Balboa
Boulevard. (A report from the Marine Safety
Director was presented.)
8. The following Commission report was received and
ordered filed:
Report from Parks, Beaches and Recreation Com-
Park &
mission regarding Commission's position on the
View
acquisition of Inspiration Point lots and the develop-
Sites
ment of The Rhine Wharf Linear Park.
9. The following Budget Amendments were approved:
(A report from the Finance Director to the City
Manager regarding suggested inter -fund transfers at
June 30, 1973 was presented.)
BA -80, $1, 063, 585. 00 decrease in Fund Balance;
.transfer to Reserve for Stabilization, General Fund -
closing entry.
BA -81, $2; 625. 00 increase in Fund Balance; return
to Fund Balance the 1972 -73 requirement of
$99, 947. 50 and set up the 1973 -74 requirement of
$97, 322. 50, Water Fund - closing entry.
BA -82, $100, 000. 00 decrease in Fund Balance;
transfer to Reserve for future water sources, Water
Fund - closing entry.
BA -83, $40, 371. 87 decrease in Fund Balance;
transfer to Reserve for Off - Street Parking, Parking
Meter Fund - closing entry.
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BA -84, $6, 000. 00 decrease in Fund Balance; transfer
•
from General Fund to Reserve for Future Water
Sources for partial payment of Advance - closing
entry.
BA -85, $14, M. 00 decrease in Fund Balance; trans-
fer to Reserves for Surfboard Acquisition, Swimming
Pool Reimbursement, and Tennis Court Construction,
Park and Recreation Fund - closing entry.
BA -86, $3, 010. 52 decrease in Fund Balance; decrease
in Budget Appropriations and decrease in Revenue
Estimates, Marinapark Fund - closing entry.
BA -87, $242, 534.71 increase in Fund Balance;
decrease in Budget Appropriations and increase in
Revenue Estimates, Water Fund - closing entry.
BA -88, $24,800.70 increase in Fund Balance;
increase in Revenue Estimates, Water System
Development Fund - closing entry.
BA -89, $2. 50 increase in Fund Balance, decrease in
Budget Appropriations, Water Bond I &R Fund -
closing entry.
•
BA -90, $228,592.38 increase in Fund Balance;
decrease in Budget Appropriations and increase in
Revenue Estimates, Building Excise Tax Fund -
closing entry.
BA -91, $41,347.23 increase in Fund Balance,
increase in Revenue Estimates, Capital Improvement
Fund - closing entry.
BA -92, $31,513.02 decrease in Fund Balance;
decrease in Budget Appropriations and decrease in
Revenue Estimates, Gas Tax Contributions Fund -
closing entry.
BA -93, $18,745.18 decrease in Fund Balance;
decrease in Revenue Estimates, Tide & Submerged
Lands Fund - closing entry.
BA -94, $7, 139. 42 increase in Fund Balance;
increase in Revenue Estimates, Parking Meter Fund -
closing entry.
BA -95, $12, 000. 00 decrease in Fund Balance;
decrease in Revenue Estimates, Traffic Safety Fund -
•
closing entry.
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CITY OF NEWPORT BEACH MINUTES
Sentember 24. 1973
INDEX
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BA -96, $2, 537. 26 decrease in Fund Balance;
•
decrease in Budget Appropriations and decrease in
Revenue Estimates, Arterial Highway Financing
Fund - closing entry.
BA -97, $270, 862. 13 increase in Fund Balance;
decrease in Budget Appropriations, and increase in
Revenue Estimates, State Gas Tax Fund (Sec. 2106) -
closing entry.
BA -98, $31, 628. 65 increase in Fund Balance;
decrease in Budget Appropriations, and decrease in
Revenue Estimates, State Gas Tax Fund (Sec. 2107) -
closing entry.
BA -99, $31, 252.41 increase in Fund Balance;
increase in Revenue Estimates, Federal Revenue
Sharing Fund - closing entry.
BA -100, $28, 286. 48 increase in Fund Balance;
decrease in Budget Appropriations and increase in
Revenue Estimates, Retirement Fund - closing entry.
BA -101, $2, 192.37 increase in Fund .Balance;
decrease in Budget Appropriations and decrease in
Revenue Estimates, Library Fund - closing entry.
BA -102, $25, 557. 95 decrease in Fund Balance;
increase in Budget Appropriations and decrease in
Revenue Estimates, Park and Recreation Fund -
closing entry.
BA -103, $429, 971. 42 increase in Fund Balance;
decrease in Budget Appropriations and increase in
Revenue Estimates, General Fund - closing entry.
BA -12, $265.00 transfer of Budget Appropriations
from Small Tools to Shop Equipment for Purchase of
Lawn Mower Trailer, Park and Recreation Fund.
(A report from the Parks, Beaches and Recreation
Director was presented.)
ITEMS REMOVED FROM THE CONSENT CALENDAR:
Har
1. A letter from The Bank of California asking for
Per
Motion
x
approval in concept of a pier and float at #6 Collins
#:6
Ayes
x
x
x
x
x
x
x
island was referred to the Joint Harbor Committee.
Isla:
.
2. A report was presented from the City Manager
Crud
relative to termination of the existing agreement
Volume 27 - Page 236
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Mot
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Mot
Aye
Noe
Mot
Aye
Mot
Aye
Mot
Aye
A
CITY OF NEWPORT BEACH MINUTES
September 24. 1973
INDEX
;101
y
np
)perty /
Nport
id -
iiniums
feral
M/
isity
&R
msn
ig ation /
r saille s/
y Dump
operty
8102
between the City of Newport Beach and Carson Oil
Company for the purchase of crude oil.
Robert Armstrong addressed the.Council and recom-
mended approval of an agreement with Armour Oil.
Company for the purchase of the crude oil.
Resolution No. 8101, authorizing the execution of an
R -f
agreement between the City of Newport Beach and
Armour Oil Company for the purchase of crude oil
and terminating the existing agreement between the
ion
x
City of Newport Beach and Carson Oil Company, was
a
x
x
x
x
x
x
x
adopted, subject to the r e v i e w of the Technical Oil
Advisory Committee.
3. A report from the Public Works Director regarding
Cit
plans and specifications for Water Transmission
Dui
Lon
x
Main to Old City Dump Site, Contract 1517, was
Pr,
s
x
x
x
x
x
x
x
tabled indefinitely.
Ne
Co
r.
ADDITIONAL BUSINESS:
1. A discussion was had regarding clarification of
Ge:
'instructions to the Planning Commission in connection
Ph
with limitation of eight dwelling units per acre in
De:
multiple residential dwelling districts.
The City staff and Planning Commission were
ion
x
directed to review those properties that are un-
s
x
x
x
x
x
x
developed and unclassified, as well As those pro-
s
x
perties that have existing Planned Community zoning
that do not have vesting, excluding the older sections
of town covered in the Development Standards
Citizens' Advisory Committee report.
2. The appointment of Marshall (Mike) Johnson to the
PE
ion
x
Parks, Beaches and Recreation Commission to fill
Co
s
x
x
x
x
x
x
x
the unexpired term of Jack Kasparek was confirmed.
3. Resolution No. 8102, authorizing the Mayor to execute
Lit
an agreement to settle the lawsuit filed by the Costa
Ve
ion
x
_Mesa County Water District against the City of New-
Cil
s
x
x
x
x
x
x
x
port Beach, was adopted.
Pr
R-
ion
x
The meeting was adjourned at 8:35 P.M.
s
xxxxxxx
�dir�LGLt so�YK�
Mayor
ATTEST:
v
ity Clerk
Volume 27 - Page 237
INDEX
;101
y
np
)perty /
Nport
id -
iiniums
feral
M/
isity
&R
msn
ig ation /
r saille s/
y Dump
operty
8102