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HomeMy WebLinkAbout10/29/1973 - Adjourned Regular MeetingCOUNCILMEN P��<o1 C' 00 N x ;�-tA0 ROLL CALL TAP N c v� pm P ent Motion Ayes Motion Ayes • Motion Aye s Motion Ayes Motion Ayes 0 ADJOURNED REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: October 29, 1973 MINUTES INDEX xxxxxxx Roll Call. The reading of the Minutes of the Regular Meeting of October 9 and of the Adjourned Meeting of October 15, 197 x was waived, and said Minutes were approved as written x x x x x x x and ordered filed. The reading in full of all ordinances and resolutions under x consideration was waived, and the City Clerk was directed x x x x x x x to read by titles only. HEARINGS: 1. Mayor McInnis opened the public hearing, by Order of Lafayet the City Council of the City of Newport Beach pursuant Square to Section 20.46. 075 of the Newport Beach Municipal Code, regarding Use Permit No. 1691 and Tentative Map of Tract 8441, located northwesterly of Lafayette Avenue between 31st and 32nd Streets in Cannery Village, zoned C -2 and C -O -Z. Use Permit No. 1691 was granted by the Planning Commission to Richard Kuri to construct two office buildings that exceed the basic height limit within the 26/35 Foot Height Limitation District and permits a portion of the required off - street parking spaces to be tandem space. Tentative Map of Tract 8441 combines seven lots and portions of nine additional lots into two parcels for office condominium development (Lafayette Square). A report was presented from the Public Works Director. Richard Kuri, developer, addressed the Council. x Mr. Kuri was granted an additional five minutes to x x x x x x x make his presentation. x The hearing was closed after it was determined that x x x x x x x no one else desired to be heard. x The decision of the Planning Commission was sus- UP 1691 x x x x x x x tained; and Use Permit No. 1691 was approved with the exceptions that Condition 16 recommended by the Planning Commission be amended to add the words, "... Continuous monitoring and reporting of water discharge shall be maintained and that the City shall have access to this on demand, " that Condition No. 17 be amended, as suggested by Councilman Dostal, to add provisions to the CC &R's for parking and utility payments, and that all the utilities be undergrounded. Volume 27 - Page 251 to ROLL CALL ion i6s Motion Aye s ion s Ei COUNCILMEN CITY OF NEWPORT BEACH October 29, 1973 MINUTES The Tentative Map of Tract 8441 was approved, sub- ject to the conditions recommended by the Planning Commission; and the staff was directed to prepare necessary documents for Council consideration prior to approval of the Final Tract Map, as recommended by the Public Works Department. 2. Mayor McInnis opened the public hearing in accor- dance with Section 5. 14. 150 of the Newport Beach Municipal Code, for the purpose of determining whether ambulance rate schedules for Seal's Ambu- lance Service should be changed to increase their base rate. A report was presented from the City Manager. A letter from Seal's Ambulance Service requesting subject increase was presented. The hearing was closed after it was determined that no one desired to testify. Mayor Pro Tem Rogers made a motion to deny - subject request. Councilman Kymla made a substitute motion to table the request of Seal's Ambulance, which motion carried. 3. Mayor McInnis opened the public hearing, in com- pliance with Section 5.15. 180 of the Newport Beach Municipal Code, to determine whether or not the public interest, convenience and necessity require the issuance of a Certificate of Public Convenience and Necessity for official tow truck services; and to consider applications for tow truck license from the following: University Sales & Service dba Coast Towing Service; Harbor Towing Co.; and G & W Towing. A report from the City Manager was presented with the applications of University Sales and Service dba Coast Towing Service, Robert Lord and Craven Hawley dba Harbor Towing and G. W. Miller dba G and W Towing. Mayor McInnis stated that the applicants had received the notice of hearing four days before the date of the hearing instead of the required five days, and asked the applicants if they were all agreeable to waiving the five -day notice. Al Graham representing G & W Towing, Henry Blackstock representing Coast Towing Volume 27 - Page 252 INDEX Tract 8441 Ambulance Rates Police Tow TrnrK Service COUNCILMEN POO pi �'m \C"r% \V0 ROLL CALL Ttv sN October 29. 1973 MINUTES INDEX al / i16 Service and Robert Lord representing Harbor Towing • Co, identified themselves and waived the five -day notice. The following people addressed the Council in behalf of their applications: Al Graham, attorney for G & W Towing, stated they had moved their service yard to a new location; Robert Lord of Harbor Towing read a letter from the City of Costa Mesa regarding a use permit for G & W Towing's new location; and Henry Blackstock.of Coast Towing. Motion x The hearing was closed. Ayes xxxxxxx Motion x It was determined that the public interest, convenience Ayes xxxxxxx and necessity require the issuance of Certificates of Public Convenience and Necessity for official tow truck services; Coast Towing Service and Harbor Towing Co, were designated as the two Official Police Towing Services for the City of Newport Beach; and the Director of Finance was directed to issue Certi- ficates of Public Convenience and Necessity to said designees, subject to conditions set forth in Section 5.15. 090 of Ordinance No. 1503. 4. Mayor McInnis opened the public hearing regarding Peas, the appeal of Harvey and Bomell Pease from the Appe+ decision of the Planning Commission denying an Mod I extension of Modification No. 616 which Modification was previously approved to permit an existing non- conforming single family dwelling to encroach to within 6' of the front property line (instead of required 201) and to within 1'3" and 216" of the side property lines (instead of required 4') to allow the construction of a four unit apartment building on the site that encroaches to within 8' of the rear property line (instead of required 10') on portion of Lots 13, 15 and 17, Block 231, Corona del Mar Tract, and a portion of Dahlia Avenue (vacated), southerly of Bayside Drive, located at 348 Dahlia Place, Corona del Mar. A report from the Community Development Depart- ment was presented with the appeal application of Harvey and Bomell Pease. George Freeman addressed the Council opposing extension of Modification No. 616. Potion Harvey Pease, applicant, addressed the Council. x The hearing was closed. Ayes xxxxxxx Volume 27 - Page 253 al / i16 ROLL CALI • Motiol Ayes Motiol Ayes Motiol Aye s Noes Motiol Ayes Motio: Ayes t COUNCILMEN f' ?i(O 2 \01,_� O OT T pN ➢( ply October 29.1973 MINUTES INDEX Councilman Croul made a motion to overrule the Planning Commission and allow a 6 -month extension of Modification No. 616. x The hearing was reopened. xxxxxxx A further discussion 'was had. i x The hearing was reclosed. xxxxxxx i x The decision of the Planning Commission was over - x x x x ruled, and Modification No. 616 was extended for x x x six months. 5. Mayor McInnis opened the public hearing in connection Height with Ordinance No. 1516, being, Limitatioi Z one s AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20. 09.030 OF THE NEWPORT BEACH MUNICIPAL CODE, EN- TITLED "HEIGHT LIMITATION ZONES, " Planning Commission Amendment 383, placing the R -A District under the 24/28 foot height limitation district. A report was presented from the Community Develop- ment Department. i x The hearing was closed after it was determined that xxxxxxx no one desired to testify. i x Ordinance No. 1516 was adopted. xxxxxxx 6. Mayor McInnis opened the public hearing in connection Tent & with Ordinance No. 1517, being, Final Maps AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 19. 12. 010, 19. 12.040, 19.12. 171 AND 19.16. 010 OF THE NEWPORT BEACH MUNICIPAL CODE, PER- TAINING TO TENTATIVE AND FINAL SUB- DIVISION MAPS, Planning Commission Amendment 384, providing for the same notification and public hearings required for variance and use permit applications. A report was presented from the Community Develop- ment Department. Volume 77 - Page 254 COUNCILMEN 0 vOtt vO ROLL CALL O TN 2 October 29, 1973 MINUTES INDEX ion x The hearing was closed after it was determined that s xxxxxxx no one desired to testify. Motion x Ordinance No. 1517 was adopted. Ayes xxxxxxx 7. Mayor McInnis opened the public hearing in connection Dist with Ordinance No. 1518, being, Map 30 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICTING MAP NO. 30, Planning Commission Amendment No. 388, rezoning Parcel 1 of Re subdivision No. 211, located on the northerly side of University Drive and easterly of Irvine Avenue (YMCA site), from the Unclassified District to the R -1 District. A report was presented from the Community Develop - ment Department. Motion x The hearing was closed after it was determined that Ayes xxxxxxx no one desired to testify. ion x Ordinance No. 1518 was adopted. s xxxxxxx 8. Mayor McInnis opened the public hearing in connection Dist with Ordinance No. 1519, being, Map 21 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICTING MAP NO. 21, Planning Commission Amendment No. 389, rezoning Lots 1 through 5, Tract 1718, located at 1401, 1601, 1801, 2001 and 2101 15th Street, on the southerly side of 15th Street between Irvine Avenue and St. Andrews Road in Cliff Haven, from the "I" District to the R -3 District. A report was presented from the Community Develop- ment Department. Motion x The hearing was closed after it was determined that Ayes xxxxxxx no one desired to testify. Motion x Ordinance No. 1519 was adopted. Ies xxxxxxx Volume 27 - Page 255 COUNCILMEN pC 3< O ° \C"r% \Ir�P fo���y ROLL CALL r� pN My ®r HEWPORU o z%cm October 29 1 73 MINUTES INDEX laps 5 9. Mayor McInnis opened the public hearing in connection Dist IV with Ordinance No. 1520, being, 22 & 2 AN ORDINANCE OF.THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICTING MAPS NOS. 22 AND 25, Planning Commission Amendment No. 390, rezoning property generally bounded by Flagship Road on the north, industrial property on the east, Hospital Road on the south, and Placentia Avenue on the west; and property bounded by Placentia Avenue on the north- east, Superior Avenue on the northwest, and Hospital Road on the south, adjacent to Hoag Hospital, from the C -O -H, Unclassified and R -3 Districts to the A -P District. A report was presented from the Community Develop- ment Department. Motion x The hearing was closed after it was determined that Ayes x x x x x x x no one desired to testify. Motion x Ordinance No. 1520 was adopted. A s xxxxxxx 10. Mayor McInnis opened the public hearing in connection Dist with Ordinance No. 1521, being, Map 5 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICTING MAP NO. 5, Planning Commission Amendment No. 392, rezoning Lots 20 through 29, Tract 444, located at 200, 202, 206, 210, 218, 222, 226, 230 and 234 North Newport Boulevard on the easterly side of North Newport Boulevard northerly of Santa Ana Avenue adjacent to Newport Heights, from the C -1 -H District to the R -2 District and establishing a 5 -foot setback. A report was presented from the Community Develop- ment Department. Motion x The hearing was closed after it was determined that Ayes xxxxxxx no one desired to testify. Motion x Ordinance No. 1521 was adopted. Ayes xxxxxxx Volume 27 - Page 256 laps 5 COUNCILMEN O O ROLL CALL Tv Ciro ^ October 29. 1973 MINUTES INDEX • ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1515, being, Campaign Expenses AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 1.25 to TITLE 1 OF THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "MUNICIPAL ELECTION CAMPAIGN CONTRIBUTION AND EXPENDITURE CONTROL ORDINANCE, " was presented for second reading. Motion x Ordinance No. 1515 was adopted. Ayes xxxxxxx CONTINUED BUSINESS: 1. The Financial Report of the City of Newport Beach Financial from the City Manager and the Finance Director for Report the fiscal year ending June 30, 1973 was presented with the auditor's opinion from Binder, Mestyanek, Johnson & Co., City Auditors. Motion x The Financial Report for the 1972 -73 fiscal year was �s xxxxxxx received and ordered filed. 2. Proposed Ordinance No. 1522, being, Motion Picture & AN ORDINANCE OF THE CITY OF NEWPORT TV Fees BEACH AMENDING SECTIONS 5.46. 010 AND 5.46. 030, CHAPTER 5.46 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO MOTION PICTURES AND TV PRODUCTIONS ON PUBLIC PROPERTY, requiring a permit to use public property for the purpose of taking motion pictures, TV pictures or commercial still life pictures, was presented. Motion x. Ordinance No. 1522 was introduced and passed to Ayes xxxxxxx second reading on November 12, 1973. 3. A report was presented from the City Attorney Environ- regarding the Environmental Quality Control Citizens mental Advisory Committee. Quality Control Resolution No. 8113, setting forth the total member- Citizens ship of the Environmental Quality Control Citizens Advisory Advisory Committee, together with certain pro- Cmte • cedural rules, was adopted; and Mayor Pro Tern R -8113 Rogers' appointment of Robert L. Allen and Council - Motion x man Store's appointment of Bernard B. Pegg as Ayes xxxxxxx members of subject committee were confirmed. Volume 27 - Page 257 ROLL CAI is s Motic Ayes 0 Motic Ayes Motic Ayes Moti( to COUNCILMEN L T 9 �pN N (y( ply October 29. 1973 MINUTES INDEX in x 4. The Mayor was directed to send a letter to the Or Co x x x x x x x Orange County Board of Supervisors requesting Airport reconsideration of their action of October 9, 1973, whereby they discontinued the preferential '(informal) runway use program at Orange County Airport. CURRENT BUSINESS: 1. A report was presented from the Public Works Green - Director regarding the engineering study of the ville Greenville - Banning Channel beach outlet. Banning Channel The Greenville - Banning Channel report prepared by )n x Moffatt & Nichol, Engineers, was received and x x x x x x x ordered filed; and the staff was directed to contact the Orange County Flood Control District for the purpose of investigating the feasibility of Plan No. 3 described on Page 2 of the report. 2. A letter was presented from the Resources Agency Upper of California regarding the preservation of the Npt Bay natural resources of Upper Newport Bay, and stating that the Department of Fish and Game has advanced a concept of obtaining public ownership of those parts of Upper Newport Bay that have existing or potential coastal wetland habitat value. Val Murley, representing Friends of Newport Bay, addressed the Council and urged a City representative to appear before the Board of Supervisors. Public ownership of Upper Newport Bay as expressed )n x in subject letter was supported in concept, and the x x x x x x x Mayor was directed to make a presentation at the Orange County Board of Supervisors' meeting on October 31. 3. A report was presented from the City Manager Water regarding the 1957 Water Bonds redemption provision. Bonds >n x It was determined that the City will not exercise the x x x x x x x November 1, 1973 redemption provision option of the 1957 Water Bonds. 4. A report was presented from the City Manager Jamb Rd regarding the Jamboree Road Police facility. Police Facility )n x The City Manager was authorized to approve the x x x x x x x Change Order reinstating the jail facility. Volume 27 - Page 258 COUNCILMEN A. O 2O ROLL CALL p TPo October 29. 1973 MINUTES U►L1 =0 CONSENT CALENDAR: Motion x The following items were approved by one motion affirming 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 November 12, 1973: Proposed Ordinance No. 1523, being, AN ORDINANCE P -C Dist OF THE CITY OF NEWPORT BEACH AMENDING 0 -1523 CHAPTER 20. 52 OF THE NEWPORT BEACH MUNICI- PAL CODE, ENTITLED "PLANNED COMMUNITY DISTRICT, " Planning Commission Amendment No. 395, pursuant to recommendations set forth by the Residential Growth and Land Use Elements of the General Plan, whereby certain areas may be reclassified primarily from the Unclassified District to a P -C District. (A report from the Community Development Department was presented.) Proposed Ordinance No. 1524, being, AN ORDINANCE Dist OF THE CITY OF NEWPORT BEACH REZONING Map 26 PROPERTY AND AMENDING DISTRICTING MAP 0 -1524 NO. 26, Planning Commission Amendment No. 398, conforming zoning to the General Plan by amending a portion of Districting Map No. 26 from the Unclassi- fied District to the P -C (Planned Community) District; located at 1700 Sixteenth Street, northerly of Newport Harbor High School (Oakwood Garden Apartments). (A report from the Community Development Depart- ment was presented. ) Proposed Ordinance No. 1525, being, AN ORDINANCE Dist Map OF THE CITY OF NEWPORT BEACH REZONING 39 & 60 PROPERTY AND AMENDING DISTRICTING MAPS 0 -1525 NOS. 39 AND 60, Planning Commission Amendment No. 399, conforming zoning to the General Plan by amending portions of Districting Maps Nos. 39 and 60 from the Unclassified District to the P -C (Planned Community) District; located at the northwest corner of Jamboree Road and San Joaquin Hills Road, south of The Bluffs (Park Newport Apartments). (A report from the Community Development Department was presented.) Proposed Ordinance No. 1526, being, AN ORDINANCE Dist OF THE CITY OF NEWPORT BEACH REZONING Map 22 PROPERTY AND AMENDING DISTRICTING MAP 0 -1526 NO. 22, Planning Commission Amendment No. 400, conforming zoning to the General Plan by amending a portion of Districting Map No. 22 from the Unclassi- fied District to the P -C (Planned Community) District; located north of 19th Street, westerly of Whittier Volume 27 - Page 259 COUNCILMEN p0 c+ o NA Zp0 NA O Rni 1 f: A1 1 T Y pn s (9� pR DO n nIEW�PakT EEn'��bi f)r4nhar 70 1071 MINUTES Avenue, north of the County Island in West Newport • (Leadership Housing Development /Newport Condo- miniums). (A report from the Community Develop- ment Department was presented. ) Proposed Ordinance No. 1527, being, AN ORDINANCE Die OF THE CITY OF NEWPORT BEACH REZONING 45 PROPERTY AND AMENDING DISTRICTING MAPS 0-1 NOS. 45 AND 46, Planning Commission Amendment No. 401, conforming zoning to the General Plan by amending portions of Districting Maps Nos. 45 and 46 from the Unclassified District and the R -3 -B -2 District to the P -C (Planned Community) District; located on the westerly side of Superior Avenue, north of West Coast Highway and at the southerly end of Monrovia Avenue (Newport Crest Condominium Residential Development). (A report from the Com- munity Development Department was presented. ) Proposed Ordinance No. 1528, being, AN ORDINANCE Die OF THE CITY OF NEWPORT BEACH REZONING Ma PROPERTY AND AMENDING DISTRICTING MAP 0-1 NO, 37, Planning Commission Amendment No. 402, conforming zoning to the General Plan by amending a portion of Districting Map No. 37 from the Unclassi- fied District to the P -C (Planned Community) District (Promontory Point Apartment Development). (A report from the Community Development Department was presented. ) Proposed Ordinance No. 1529, being, AN ORDINANCE Co: OF THE CITY OF NEWPORT BEACH ADDING Re CHAPTER 20.21 TO THE NEWPORT BEACH MUNICI- Die PAL CODE, ENTITLED "COMMERCIAL -RESI- 0-1 DENTIAL DISTRICT, " Planning Commission Amend- ment No, 396, conforming to the Residential Growth Element, which will allow limited commercial development, and residential development in con- junction with commercial uses. (A report from the Community Development Department was presented.) Proposed Ordinance No. 1530, being, AN ORDINANC "I" OF THE CITY OF NEWPORT BEACH REPEALING 0-1 CHAPTER Z0. 28 OF THE NEWPORT BEACH MUNICI- PAL CODE, ENTITLED "I" DISTRICT, Planning Commission Amendment No. 397, eliminating the "I" District as it is no longer needed and will not be used in the future. (A report from the Community Develop- ment Department was presented.) 2. The following communications were referred as indicated: - Resolution No. 8114 authorizing the execution of a Spo reimbursement agreement between the City of Newport Fie Lig Lin Scb Volume 27 - Page 260 R -1 COUNCILMEN 90 0 3 p o a� Sp 3 C0 Z p0 N� O ROLL CALL T v pa a � 91 v0 it F: inf F. R T t3 f. t o (lrtnhwr 2Q. 1974 MINUTES NAM Beach and Newport -Mesa Unified School District • providing for the lighting of a sports field at Lincoln School in Corona del Mar; and authorizing an expen- diture up to $30, 000 for the City's share in the field lighting. (A report from the Parks, Beaches and Recreation Director was presented.) Resolution No. 8115 authorizing the execution of a Lido l reimbursement agreement between the City of Newport R -811 Beach and Everman Construction Company providing for the development of Lido Park; authorizing an expenditure up to $7, 000 for the City's share of the project. (A report from the Parks, Beaches and Recreation Director was presented.) Resolution No. 8116 authorizing the execution of a Paseo reimbursement agreement between the City of Newport Syster Beach and John D. Lusk and Son in connection with San Jr, the development of a paseo on San Joaquin Hills Road; Hills ] and authorizing an expenditure up to $7, 400 for the R -811 City's share of the project. (Report from the Parks, Beaches and Recreation Director was presented.) Resolution No. 8117 changing the name of Torrey Street Pines Drive between Drakes Bay Drive and Morro Bay Name Drive in Spyglass Hill to "Goleta Point Drive. " (A Chang report from the Community Development Department R -811 was presented.) Resolution No. 8118 authorizing the execution of an Npt H, agreement between the City of Newport Beach and the Lawn Newport Harbor Lawn Bowling Association in con- Bowliz nection with the donation of a clubhouse facility to the Assoc City. (A report from the Parks, Beaches and Clubh< Recreation Director was presented.) R -811 Resolution No. 8119 authorizing the execution of an Npt M amendment to an agreement between the City of Lawn Newport Beach and the Newport Harbor Lawn Bowling Bowlh Association in connection with an increase in greens Assoc maintenance fees. R -811 Resoltuion No. 8120 authorizing the execution of an Resub agreement with Los Angeles Federal Savings and R -8121 Loan Association, subdivider, for the construction of improvements in Resubdivision No. 397. (A report from the Public Works Director was presented. ) Resolution No. 8121 authorizing execution of a grant Under of easement to the Southern California Edison Com- pany for underground utility purposes on the Balboa grow Utiliti, Bay Club property. (A report from the Public Works R -812. Director was presented.) Volume 27 - Page 261 COUNCILMEN pn F�03 p0 A O '�-� 0 R 0 1 1 f:AI I T 9 P.n m _1N Pin (ln4nl�cr 70 1078 MINUTES INDEX Parking Bicycle Trails 6th & Island Sts Alley/ 1911 Act Coast Hwy Bridge Npt Blvd Traffic Signals West Npt Oil Seep General Plan Garbage Annex 79 Develop- ment Standards 3. The following communications were referred as • indicated: Referred to staff for reply, letter from David Sconce in connection with parking problems in the City. Referred to Planning Commission for inclusion in study of Bicycle Trails, letter from Shirley Humann opposing atrail on Mariners Drive and a letter from Louise Forbes supporting exclusion of the "contro- versial trails" in the Master Plan. Referred to staff for inclusion in study, additional petition requesting the City to pave an alley in Block 10, East Newport. Referred to Transportation Plan Citizens Advisory Committee, letter addressed to Councilman Dostal from Dover Shores Community Association requesting consideration be given to the substitution of a tunnel for the present bridge at Coast Highway. Referred to staff for study and report back, letter from Central Newport Beach Community Association regarding the timing of the four traffic signals between 30th Street and Via Lido on Newport Boulevard. Referred to staff for reply, letter from William C. Hellings in connection with oil wells in West Newport Beach. Referred to Planning Commission for consideration, report from the Environmental Quality Control Citizens' Advisory Committee regarding the Recre9 ation and Open Space Element of the General Plan. Referred to staff for reply, letter from Marie Stang regarding refuse container violation. Referred to Community Development Department, notice from Local Agency Formation Commission regarding hearing on November 17 in connection with proposed annexation to the City of Newport Beach designated Annexation No. 79 (Superior Avenue and Hospital Road No. 2). Referred to Planning Commission, letter from Balboa Peninsula Point Association stating its Board of Directors voted to support the Development Standards Citizens Advisory Committee's report with suggested amendments. Volume 27 - Page 262 INDEX Parking Bicycle Trails 6th & Island Sts Alley/ 1911 Act Coast Hwy Bridge Npt Blvd Traffic Signals West Npt Oil Seep General Plan Garbage Annex 79 Develop- ment Standards COUNCILMEN P�'f`,pp 3 (+ p0 N fp3�'FZ O �-A O ROLL CALL rtv 0 N v\ Pm October 29. 1973 MINUTES INDEX 4. The following communications were referred to the City Clerk for filing and inclusion in the records: Letter from Charles Reed Smoot to Mayor McInnis Grand asking for information regarding the dredging of Grand Canal Canal, and copy of Mayor McInnis' reply. Copy of letter to Public Works Director from West Balboa Newport Beach Improvement Association endorsing Blvd the widening of Balboa Boulevard to 45th Street and Widening the plans for the intersection of Coast Highway. Letter from Mr. and Mrs. T. F. Young enclosing a letter bearing 21 signatures of neighboring residents opposing a duplex at 715 Poppy Avenue in Corona del Mar. Resolution of the Local Agency Formation Commission Sphere of approving a partial sphere of influence for west and Influence north Newport Beach with the exception of the area designated the "Banning Area ". Notices from Local Agency Formation Commission regarding hearings on October 10 in connection with the proposed annexations to the City of Costa Mesa and to the Costa Mesa Park and Recreation District, both designated Canyon Drive No. 2.Annexation, located northerly of Wilson Street and westerly of Canyon Drive. Letter from R. M. Wolff endorsing newspaper article which favors widening Fifth Street rather than the Coast Highway in Corona del Mar. Copy of a letter addressed to the Huntington Beach City Council from the Costa Mesa County Water Dis- trict urging favorable consideration to approving the expansion plans for the Huntington Beach Generation Station. Resolution of the City of Seal Beach supporting the proposed expansion of the Southern California Edison Company's Huntington Beach power generating plant. Excerpt from Minutes of the Board of Supervisors Npt Dunes meeting of October 2, 1973 indicating that the pro- posed master plan of redevelopment for Newport Dunes had been received from the Director of Harbors, Beaches and Parks and ordered filed. Excerpt from Minutes of Board of Directors meeting Upper of October 17, 1973 indicating that consideration of a Npt Bay letter from the Resources Agency of California re- garding Upper Newport Bay had been set for October 31, 1973. Volume 27 - Page 263 COUNCILMEN PoF {03 O00N F 3 Ott Na O ROLL CALL rCP �� v� October 29. 1973 MINUTES INDEX • Resolution of the Board of Supervisors pertaining to land use and occupancy regulations and foster homes. Resolution of the Public Utilities Commission re- garding costs incurred in preparing EIR's. Letter from California Mayors and Councilmen regarding the aims of the organization. Letter from California Water Resources Association regarding possibility of water shortages. The LARTS Letter for June /September 1973. Agenda for Board.of Supervisors meetings held October 9, 10, 16, 17, 23, and for October 30 and 31, 1973. Resolution of the City of Costa Mesa opposing the application of the Pacific Telephone and Telegraph Company for authority to split the present Orange County telephone directory into two separate directories. 5. The following claims were denied, and the City Claims Clerk's referral to the insurance carrier was con- firmed; Claim of Isaac B. Cohen for personal injuries sus- Cohen tained when he tripped and fell on the sidewalk in front of 302 Main Street. Claim for personal injuries of Geoffrey Thorn Huber/ Williams, Peter W. Williams and Gwen Huber, by Williams her Guardian, Geoffrey Thorn Williams, based on the death of Alma Thorn Huber on or about July 14, 1973 in the vicinity of the intersection of a newly constructed canal and Harbor Drive /Bayside Drive, about the 1000 block, in the City of Newport Beach, allegedly due to negligence on the part of the City. Claim of Claire M. Howell for damages to her auto- Howell mobile and for personal injuries, allegedly caused when she was involved in an accident with a City vehicle at Jamboree and Eastbluff Drive on September 20, 1973. Claim of Claire Howell and Farmers Insurance Group Howell/ for damage to Claire Howell's automobile, allegedly Farmers caused when it was struck in the rear by a City Ins vehicle on September 20, 1973. Volume 27 - Page 264 COUNCILMEN P cFA. O� O \V�Tm X03 �'�Z O "A ROLL CALL r P% m c October 29. 1973 MINUTES 11.181:0 Claim of Amcord, Inc. for damages to its car which Amcord • were allegedly caused by a City vehicle rearending Claire Howell's automobile which was forced into the rear end of claimant's automobile, at Jamboree and Eastbluff Drive on September 20, 1973. Claim of David J. Dixon II for towing bill and impound Dixon charges resulting when his car was allegedly towed away and impounded in error on August 1, 1973. Claim of William C. Tostevin for damages to his Tostevir automobile, allegedly caused on September 20 when it was struck by a City vehicle while parked on 49th Street. Summons and Complaint of James E. King, Case King No. 206985 in Orange County Superior Court. 6. The following requests to fill personnel vacancies were approved: (A report from the City Manager was presented) One Legal Secretary in the City Attorney's Office to fill a position to be vacant. One Pump Operator in the Public Works Department to fill a position now vacant. One Maintenance Man I in the Public Works Depart- ment to fill a position now vacant. One Engineering Aide II in the Public Works Depart- ment to fill a position now vacant. One License Inspector in the Finance Department to fill a position now vacant. One Sign Shop Technician for a position now vacant. 7. The following staff, commission and committee reports were received and ordered filed: Memorandum from the Parks, Beaches and Recre- ation Commission regarding offer of sale of property at 617 -19 Poinsettia Avenue, Corona del Mar, as an historical landmark. Memorandum from the Upper Newport Bay Field Committee summarizing September 28, 1973 meeting held in San Francisco. Volume 27 - Page 265 COUNCILMEN \%\ o ROLL CALL PN N v� My OF RMPGRU MAcm October 29. 1973 MINUTES INDEX r 304 r Hi ng any 8. The preliminary plans for Street Improvements on Via • Via Oporto from Central Avenue to Via Lido were Oport approved. (A report from the Public Works St Imp Director was presented.) 9. The public improvements constructed in conjunction Resub with R.esubdivision 304, located on the northwesterly corner of Santa Ana Avenue and Beacon Street in Newport Heights, were approved; and the Finance Director was authorized to return to the subdivider the $3, 000 which was deposited as security to guarantee satisfactory completion of the required public improvements. (A report from the Public Works Director was presented.) 10. The public improvements constructed in conjunction Tract with Tracts Nos. 7432 and 7510, located north- 7432 F westerly of San Joaquin Hills Road and Spyglass Hill 7510 Road (Spyglass Hill), were accepted; the City Clerk was authorized to release the Faithful Performance Bonds and to release the Labor and Materials Bonds in six months provided that no claims have been filed. (A report from the Public Works Director was pre- sented.) 11. The Tennis Court Lighting at Newport Harbor High Harb o School, Contract No. 1516, was accepted; an extension Tenni; of time of eighteen days was approved; and the City Court Clerk was authorized to file a Notice of Completion Light i and to release the bonds 35 days after Notice of Com- pletion has been filed. (A report from the Public Works Director was presented.) 12. The following matter was set for public hearing on November 12, 1973: Letter from Yellow Cab of Newport & Costa Mesa, Yellov Inc. requesting an increase in taxicab rates in the Cab City of Newport Beach. Comp 13. The following Budget Amendments were approved: BA -15, $7, 000 transfer of Budget Appropriations for toilet room accessories in Beach Front Public Restrooms from Unappropriated Contingency Reserve to Replacement of Plumbing Fixtures, General Fund. BA -17, $196, 039. 00 decrease in Fund Balance; in- crease in Budget Appropriations for Construction of Jamboree Road Police Facility, Capital Improvement Fund. Volume 27 - Page 266 r 304 r Hi ng any COUNCILMEN Rnl I r.AI I Tmpn in C 9� pt^ October 29. 1973 all MINUTES INDEX Water Electrical Trans - mission Line /San Joaquin Hills Rd Pac Tel C. Directorie R -8122 BA -18, $295. 00 increase in Budget Appropriations • and increase in Revenue Estimates. Donation from Exchange Club of Newport Harbor for purchase of record player, Park and Recreation Fund. (A report from the Parks, Beaches and Recreation Director was presented. ) BA -19, $195. 00 increase in Budget Appropriations and increase in Revenue Estimates. Donation from the University of Southern California for the purchase of football game tickets, Park and Recreation Fund. (A report from the Parks, Beaches and Recreation Director was presented.) ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter from the Coastal Municipal Water District advising that it is considering membership in the Orange County Water Management Agency and a Motion x letter from the California Water Resources Associ- Ayes x x x x x x ation regarding water shortages were referred to Abstain x the Water Committee for study. 2. A report from the Public Works Director regarding a joint use agreement with Southern California Edison Company in connection with an electrical trans- mission line located on the northerly side of San Joaquin Hills Road from Marguerite Avenue to Spy - Motion x glass Hill Road was postponed to November 12, and Ayes x x x x x x x the staff was directed to place the matter on the Study Session agenda. 3. A proposed resolution opposing application of the Pacific Telephone Company to split the Orange County telephone directory into two separate direc- tories was considered. Pat Krone, representing the Pacific Telephone Com- pany, addressed the Council and urged the City's support of the proposed split. Michael Gering, representing the Newport Harbor Chamber of Com- merce, addressed the Council in opposition to the split. Motion x Councilman Ryckoff made a motion to table the pro - Ayes x x x posed ordinance, which motion failed to carry. Noes xxxx • Resolution No. 8122, opposing the application of the Pacific Telephone and Telegraph Company for author- ity to split the present Orange County telephone Volume 27 - Page 267 INDEX Water Electrical Trans - mission Line /San Joaquin Hills Rd Pac Tel C. Directorie R -8122 COUNCILMEN p(r �� p0 ' 00 \�PO S' O ZZ O N.ROLL CALL o v ��P � f October 29, 1973 MINUTES tion x directory into two separate directories, to be known S x x x x x as the Orange Coast Telephone Directory and the Noes x x Orange County Directory, was adopted. 4. Proposed Ordinance No. 1531, being, Di 1° AN ORDINANCE OF THE CITY OF NEWPORT O BEACH ESTABLISHING SETBACKS AND AMENDING DISTRICTING MAPS NOS. 15 AND 37, Planning Commission Amendment No. 385, estab- lishing a ten foot setback on the south side of realigned Bayside Drive between the existing McLain Apartment Development and Promontory Bay; a ten foot setback on the north side of Balboa Island Channel between the existing McLain Apartment Development and Promontory Bay Channel; and a ten foot setback along the east side of Promontory Bay Channel between Bayside Drive and Balboa Island Channel; located on the south side of Bayside Drive, easterly of the Promontory Bay Channel, zoned R -3, C -N -H, was presented. A report was presented from the Community Develop - ment Department. Motion x Councilman Dostal made a motion to amend the pro - Ayes x x posed ordinance by deleting the ten foot setback along Noes x x x x x the east side of Promontory Bay Channel between Bayside Drive and Balboa Island Channel, which motion failed to carry. Motion x Ordinance No. 1531 was introduced and set for public Ayes x x x x x x x hearing on November 12, 1973. 5. Judy Swayne, President of the League of Women P Voters of Orange Coast, addressed the Council in opposition to Proposition 1. Rod Calderhead, Presi- dent of the Newport Harbor -Costa Mesa Board of Realtors, addressed the Council in support of Proposition 1. Motion x Judy Swayne was granted an additional two minutes Ayes x x x x x x x for her presentation. Letters from the League of California Cities and the League of Women Voters of Orange Coast and a Motion x resolution of the City of Riverside opposing Pro - s x x x x x x x position 1 were ordered filed. Volume 27 - Page 268 INDEX ist Maps & 37 -1531 rop 1 COUNCILMEN CITY OF NEWPORT BEACH ROLL CALL *� pN a c yt pF October 29 • Motion Motion Ayes Noes Ayes Noes Motion Ayes Motion Ayes is Motion Ayes 0 1973 MINUTES INDEX Prop 1 R -8123 Npt Shores Specific Plan Inspira- tion Point ADDITIONAL BUSINESS: x 1. Councilman Kymla made a motion to adopt Resolution No. 8123 in support of Proposition 1 (Tax and Expenditure Limitations Initiative). x Councilman Store made a substitute motion to table X the resolution, which motion failed. xxxxxx x x x x x x A vote was taken on Councilman Kymla's motion, and x Resolution No. 8123 was adopted. 2. Suzanne Rudd, representing the Newport Shores Com- munity Association, requested the Council to make a presentation before the South Coast Regional Com- mission on the Newport Shores Specific Plan. x The staff was directed to make a formal request to x x x x x x x the South Coast Regional Commission for the City to be placed on its agenda as soon as possible to make a presentation on the Newport Shores Specific Plan. x 3. The staff was authorized to obtain an appraisal of the x x x x x x x two lots adjacent to Inspiration Point (including the Hillgren property) for the purpose of introducing legislation for the State to purchase the lots at full market value; and the staff was directed to contact the owners of the lots regarding holding the lots in the interim. x The meeting was adjourned at 11:40 P. M. xxxxxxx —ILA Mayor Pro Tem ATTEST: r City Cle rc Volume 27 - Page 269 INDEX Prop 1 R -8123 Npt Shores Specific Plan Inspira- tion Point