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Home My WebLink About12/10/1973 - Regular MeetingROLL CALI • Pres Abse Moti Ayes Abse Moti Ayes Abse • MOC Aye Noe Abs E COUNCILMEN fo 3C om Zypo '"a o T 9 pm m ! yt stn CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: December 10, 1973 MINUTES INDEX Ali IS The Pledge of Allegiance was led by the Primary Three Class of the Oralingua School for the Deaf. Mayor McInnis welcomed them and Girl Scout Troop 1223. ent x x x x x Roll Call. nt x x :)n x The reading of the Minutes of the Regular Meeting of x x x x x November 26, 1973 was waived, and said Minutes were nt x x approved as written and ordered filed. :)n x The reading in full of all ordinances and resolutions under x x x x x consideration was waived, and the City Clerk was directed nt x x to read by titles only. HEARINGS: 1. Mayor McInnis opened the rehearing regarding the Kamph appeal of Harry N. Kamph from the decision of the Appeal) Planning Commission granting Use Permit No. 1665 UP 166! to Isley/ Connelly to construct four dwelling units and appurtenant structures at 1319 E. Balboa Boulevard, on the south side of East Balboa Boulevard between "E" and "F" Streets, on the Balboa Peninsula, zoned R -3. A letter was received after the agenda was printed from Harry N. Kamph regarding his appeal. Dan Connelly addressed the Council and requested that the hearing be continued no later than Decem- ber 17. on x Councilman Dostal made a motion to continue the hearing to December 17. Harry Kamph addressed the Council and requested that the matter be continued until the Residential Development Standards were adopted. s x x x x A vote was taken on Councilman Dostal's motion; and a x the hearing was continued to December 17, 1973. .nt x x 2. Mayor McInnis opened the public hearing regarding Under - proposed Underground Utility District No. 3 (Pacific gro"n Coast Highway from Bayside Drive to Jamboree Utilitie Road, and Jamboree Road from Pacific Coast High- way to the Balboa Island bridge), to determine whether public necessity, health, safety or welfare requires the removal of poles, overhead wires, and Volume 27 - Page 304 Ali IS COUNCILMEN ROLL CALL T v N d C �( Af' 4 M) Ay Al M1 Ay At I L M Al At CITY OF NEWPORT BEACH T)Pl`P I,PY 10 1 Q71 MINUTES INDEX :e ;n s associated structures, and the underground instal- lation of wires and facilities for supplying electric, ' communications, or similar or associated service in that area. A report was presented from the Public Works Director. )tion x The hearing was closed after it was determined that es x x x x x no one desired to be heard. ,sent x x )tion x It was determined that the public health, safety and es x x x x x welfare require the formation of said District; and )sent x x Resolution No. 8143, establishing Underground R -8143 Utility District No. 3 and ordering the removal of poles, overhead wires and associated overhead structures and ordering the underground installation of wires and facilities for supplying electric, com- munications, or similar or associated service within that area of the City located within said District, was adopted. ORDINANCES FOR SECOND READING AND ADOPTION: 1. Amended Ordinance No. 1539, being, Speed Limit/ AN ORDINANCE OF THE CITY OF NEWPORT Jambori BEACH AMENDING SECTION 12.24.055 OF THE NEWPORT BEACH MUNICIPAL CODE TO ESTABLISH A SPEED LIMIT ON JAMBOREE BOULEVARD FROM BRISTOL STREET TO CAMPUS DRIVE, lowering the speed limit on Jamboree Road to 50 mph from Bristol Street to Campus Drive, was presented for second reading. Aion x Consideration of amended Ordinance No. 1539 was yes x x x x x postponed to January 14, 1974. )sent x x 2. Ordinance No. 1541, being, Campai Expense AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 1. 25, TITLE 1, OF THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "MUNICIPAL ELECTION CAMPAIGN CONTRIBUTION AND EXPENDITURE CONTROL ORDINANCE, revising filing dates to conform to State requirements, was presented for second reading. Volume 27 - Page 305 :e ;n s COUNCILMEN �p 3 cm 2 O O ROLL CALL T q pa w C 9C m Mot: A Mot: Aye Abs r� Mot Aye Abs Mot Aye 1J CITY OF NEWPORT BEACH December 10. 1973 MINUTES IAIMC V .on x Ordinance No. 1541 was adopted. a x xxxx ant x x CONTINUED BUSINESS: 1. A report from the Community Development Depart - Annex 7 ment regarding Annexation No. 77, Pacific View Memorial Park, Phase II, was presented with a resolution of the Local Agency Formation Commission approving Annexation 77, and authorizing the City to annex said territory without notice and hearing. Resolution No. 8144, approving the annexation to the R -8144 City of certain uninhabited territory contiguous to the Lon x City of Newport Beach and known as Annexation s x x x x x No. 77, Pacific View Memorial Park, Phase II, was ant x x adopted. 2. A report was presented from the Community Develop- Annex 7i ment Department regarding Annexation No. 78, Irvine Avenue /Mesa Drive. The following communications were received after the agenda was printed: resolution of the Local Agency Formation Commission approving Annexation 78, subject to the condition that the City of Newport Beach work with Santa Ana Heights Water Company so that only one agency-provides water service, and authorizing the City to annex said territory without notice and hearing; and letter from The Irvine Company, landowner of subject property, consenting to annexation and taxation. Resolution No. 8145, approving the annexation to the R -8145 Lon x City of certain uninhabited territory contiguous to the s x x x x x City of Newport Beach and known as Annexation ent x x No. 78, Irvine Avenue /Mesa Drive, was adopted. 3. A report from the Community Development Depart - Annex 7' ment regarding Annexation No. 79, Superior Avenue/ Hospital Road, No. 2,was presented with a resolution of the Local Agency Formation Commission approving Annexation 79,and authorizing the City to annex said territory without notice and hearing. Resolution No. 8146, approving the annexation to the R -8146 City of certain uninhabited territory contiguous to the ion x City of Newport Beach and known as Annexation s x x x x x No. 79, Superior Avenue /Hospital Road, No. 2, was ent I x x adopted. Volume 27 - Page 306 COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROLL CALL December 10, 1973 INDEX Prop 20 4. Assemblyman Bond's request for Council participation • in a survey of all California coast cities evaluating Proposition was considered. Motion x The Mayor was directed to write a letter in response Ayes x x x x x to Assemblyman Bond's request, giving the City's Absent x x evaluation of Proposition 20. 5. Consideration of energy conservation in the areas of Energy night recreation lighting, scheduling City Council and Conser- Commission meetings during daylight hours and vation Motion x reducing intensity of street lights was postponed to Ayes x x x x x December 17; and the staff was directed to place the Absent x x matter on the Study Session agenda for December 17. CURRENT BUSINESS: 1. A request was presented from Robert A. Steffensmeier Curb Cut/ for a curb cut at 1607 Cornwall Lane. 1608 Cornwall A report from the Public Works Director was pre- sented with a letter from Mr. and Mrs. Harold.J. Osborne urging Council to approve subject curb cut. Robert A. Steffensmeier addressed the Council. NfStion x Subject curb cut was approved. Ayes x xxxx Absent x x 2. A report was presented from the Parks, Beaches and Tree Recreation Director regarding the Parks, Beaches Planting and Recreation Commission Policy No. 8 in connection Fees with tree planting costs. Motion x The increased rate schedule for tree plants as set Ayes x x x x x forth in the amended Parks, Beaches and Recreation Absent x x Commission Policy No. 8, was approved. 3. A report was presented from the Parks, Beaches and San Joaquin Recreation Commission requesting funds to complete Hills Prk the development of Phase 2 of San Joaquin Hills Park in the current fiscal year. Motion x The staff was directed to prepare plans and speci- Ayes x x x x x fications and to obtain bids for Council consideration; Absent x x said plans to include the electrical conduit systems necessary but not the actual lighting . • Volume 27 - Page 307 COUNCILMEN ROLL CAL Sion Ayes Absent • CITY OF NEWPORT BEACH December 10, 1973 CONSENT CALENDAR: MINUTES The following items were approved by one motion affirming the actions on the Consent Calendar: The following resolutions were adopted: Resolution No. 8147 authorizing the execution of an engineering services agreement between the City of Newport Beach and Shuirman- Simpson, Civil Engineers, to perform study of City's emergency electrical generation requirements for water system. (A report from the Public Works Director was pre- sented.) Resolution No. 8148 designating an intersection at which vehicles are required to stop and directing the Traffic Engineer to erect necessary stop sign, requiring vehicles on Ticonderoga Street to stop at Superior Avenue. (A report from the Public Works Department was presented. ) Resolution No. 8149 designating an intersection at which vehicles are required to stop and directing the Traffic Engineer to erect necessary stop signs; requiring vehicles on Galaxy Drive to stop at Mariners Drive. (A report from the Public Works Director was presented.) Resolution No. 8150 authorizing the execution of an agreement between the City of Newport Beach and Security Pacific National Bank for banking services (A report from the City Manager was presented.) Resolution No. 8151 amending Resolution No. 7035 to increase prices to be charged for the sale to the public of bound volumes of the Newport Beach Munici- pal Code and supplement service for the Code. Resolution No. 8152 authorizing execution of an off - site parking agreement between the City of Newport Beach and Los Angeles Federal Savings and Loan Association. (A report from the Community Develop- ment Director was presented. ) Resolution No. 8153 authorizing the Assistant to the City Manager- Personnel and Employee Relations to make determinations regarding the disability retire- ment of local safety member employees of the City. (A report from the City Manager was presented. ) Volume 27 - Page 308 INDEX Water R -8147 Stop Sign R -8148 Stop Sign R -8149 Security Pacific Natl Bank R -8150 Municipal Code Charges R -8151 Los Angeles Fed Svgs & Loan R -8152 Personnel R -8153 ROL L COUNCILMEN ls'�3C Q 2 \PIro NO r.0 11 t. 9 m0 �t 0 CITY OF NEWPORT BEACH Tlcromhan 10 1 Q7�t MINUTES INDEX Mutual Resolution No. 8154 relating to Workmen's Com- Aid/ ' pensation benefits for registered volunteer disaster Workmen' service workers. (A report from the City Manager Comp was presented. ) R -8154 Resolution No. 8155 adopting the California Disaster Mutual and Civil Defense master mutual aid agreement. Aid Agreemen R -8155 2. The following communications were referred as indicated: Referred to staff for reply, letter from Elmer J. Energy Dauben commenting on unnecessary lighting within Conser- the City. vation Referred to staff for reply, letter from Spencer Trans - Crump with suggestions for alleviating traffic pro- portatior blems on Coast Highway in Corona del Mar. Plan Referred to Pending Legislation Committee, letter from Dale W. Wullner suggesting legislation to prevent the transportation of nuclear waste material through the City. Referred to Pending Legislation Committee, reso- Or Co lution of the City of San Juan Capistrano urging the Health Orange County Health Planning Council to maintain Ping the proper "consumer- provider" membership ratio. Council 3. The following communications were referred to the City Clerk for filing and inclusion in the records: Letter to City Manager from B. B. Bernard supporting the Council's stand on the use of firemen and. policemen, at a local football game. Newspaper article from Los Angeles Times sent by Rhine Mrs. R. S. Butterworth concerning a proposed park Wharf at the upper end of the Rhine Channel. Copy of "Ocean Lifeguard ", publication of National Surf Life Saving Association of America. Letter from President Nixon expressing appreciation Presi- for the Council's support; as expressed in Resolution dential No. 8130. Support Letter from P. G. Keogh enclosing portion of news- Presi- paper article regarding Council resolution in support dential . of the President. Support Volume 27 - Page 309 COUNCILMEN P��; a� SO 9' N.1 O ROLL CALL rS vN N �, sm r L CITY OF NEWPORT BEACH December 10, 1973 MINUTES INDEX y 77 rt )ept el C :orie Letters from Mrs. David Ballantine and Margaret S. Gener: ' Pleger, and a newspaper article from the Los Angeles Plan Times sent by Mrs. R. S. Butterworth opposing density in the City. Letters from Elaine Waldow, Mr. and Mrs. Arthur Upper Blanding, Malcolm D. Goodwin, and Stephen E. Npt Ba Donaldson urging preservation of Upper Newport Bay. Copy of letter to Local Agency Formation Commission Annex from Orange County Planning Department recom- mending approval of proposed annexation to the City of Newport Beach designated Pacific View Memorial Park Phase II, Annexation No. 77. Notice from Local Agency Formation Commission of hearing on December 12 in connection with proposed annexation to Costa Mesa Sanitary District designated Engineer's No. 150 Annexation, located northwesterly of Red Hill between Paularino Avenue and the San Diego Freeway in the City of Costa Mesa. Excerpt from minutes of Board of Supervisors Or Co meeting of November 27 authorizing execution of Airpoi joint exercise of powers agreement with City of Newport Beach for street sweeping at Orange County ' Airport. Resolution of the City of La Palma urging the Board Or Co of Supervisors to maintain a comprehensive, co- Ping I ordinated and effective County Planning Department. Resolutions of the cities of Tustin and Huntington Pac T Beach opposing the split of the present Orange County Direcl telephone directory into two separate directories. Minutes of the October 31 meeting of the Inter- ICC governmental Coordinating Council of Orange County. Memo from City of Yorba Linda regarding Bay Area Rapid Transit. Request for contribution from The UCI Foundation. Agenda of Board of Supervisors meetings of Novem- ber 27, 28, December 4 and 5, 1973. Memorandum from Upper Newport Bay Field Com- mittee summarizing the October 19 meeting of the Committee held at the Royal Inn (Airport), South San Francisco. Volume 27 - Page 310 y 77 rt )ept el C :orie COUNCILMEN (�N 0 ROLL CALL � L CITY OF NEWPORT BEACH December 10, 1973 MINUTES IIQ 1 4. The following claims were denied, and the City Claims Clerk's referral to the insurance carrier was con- ' firmed: Claim of Dorothyann Noland for damage to her car in Noland El Rancho parking lot on November 1, 1973 where it was allegedly struck by a City vehicle. Claim of Carla J. Klein for Scott Klein, a minor, for Klein personal injuries to Scott when he fell from a soccer goal in Mariners Park on November 1, 1973, alleg- edly due to negligence on the part of the City. Claim of Mrs. George Kurinsky for damage to her Kurinsky blouse by fresh paint on Newport Pier on November 28, allegedly due to negligence on the part of the City. Claim of Gary K. Strahle for damage to his car on Strahle November 20, 1973 in the alley behind 313 Heliotrope, Corona del Mar, allegedly caused by a City vehicle. Claim of Mrs. J. S. Phillips for damage on Novem- Phillips ber 15, 1973 when a ball from the Channel Park broke her window, allegedly due to negligence on the part of the City. ' Claim of Denise Louise Beckett for personal injuries Beckett received on October 17, 1973 from an object pro- truding from the sidewalk approximately 30 yards south of 1854 Pt. Tiffin, Newport Beach, allegedly due to negligence on the part of the City. Summons and Complaint for Personal Injuries of De Silva Marco De Silva, Case No. 208751 in Superior Court of Orange County. Summons and Complaint fo'r Damages of James Roberson Roberson, Case No. 208544 in Superior Court of Orange County. 5. The following claim was referred to the City Attorney Claim for appropriate action: Notice and Alternative Writ of Mandate and Order, Phipps D. Walter Phipps, Jr. , et al, Petitioners, Case No. 208671 in Orange County Superior Court. 6. The following requests to fill personnel vacancies were approved: (A report from the City Manager was presented) ' One Police Officer in the Police Department to fill a position now vacant. Volume 27 - Page 311 ROLL CAL lid L COUNCILMEN I T 7 mPN m C 9t' Pt^ December 1. 1973 MINUTES INDEX One Police Emergency Equipment Dispatcher 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 matter was set for public hearing at 7:30 P.M., January 14, 1974: Adoption of the Conservation of Natural Resources General Element of the Newport Beach General Plan; and Plan/ acceptance of Environmental Impact Report Natural EIR /NB 73 -043. (A report from the Community Resource Development Department was presented.) 8. The purchase of a four wheel drive Police vehicle for the Police Department which excee3s the budgeted amount by more than 10% but for which no additional funds are required, was approved. (A report from the City Manager was presented. ) 9• The installation of an Orange County Transit District Bus Stop bus stop for northbound traffic on MacArthur Boule- vard north of San Joaquin Hills Road was approved. (A report from the Public Works Director was pre- sented) 10. The expense account of Mayor McInnis for attendance at the League of California Cities Conference in San Francisco, October 21 -24, 1973, was approved. 11. The following Budget Amendment was approved: BA -22, $4, 500 increase in Budget Appropriations and a decrease in Unappropriated Surplus for study of emergency electrical generating needs for the City water system from Unappropriated Surplus, Water Fund to Study- Emergency Electrical Generating Needs, Water Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Proposed Ordinance No. 1542, being, Aba Vehicles AN ORDINANCE OF THE CITY OF NEWPORT 0 -1542 BEACH AMENDING SECTIONS 1. 12. 020 AND 12.40.190 OF THE NEWPORT BEACH MUNICI- PAL CODE TO EMPOWER POLICE CADETS TO CITE AND STORE ABANDONED VEHICLES, was presented. Volume 27 - Page 312 ROLL CALL •tion Ayes Absent Motion Ayes Absent Motion Ayes Absent Motion Ayes Dent • COUNCILMEN CITY OF NEWPORT BEACH MINUTES December 10, 1973 A report was presented from the City Attorney. Ordinance No. 1542, as amended, was introduced and passed to second reading on December 17. ADDITIONAL BUSINESS: 1. A report was presented from the City Manager regarding proposed amendments and additions to the City Council Policy Manual. Council Policy A -11, Council Travel, was adopted; Council Policy G -1, Improvement in Governmental Efficiency and Economy, was amended; Council Policy N -3, Establishment of Curbside Bus Zones, was adopted; and all other existing policies in the Council Policy Manual were reaffirmed. 2. The Downcoast Development Committee was re- established, and Councilman Store was appointed as the Council representative. The meeting was adjourned at 8:15 P. M. to 7:30 P.M. , December 17, 1973. A- VA Volume 27 - Page 313 INDEX Council Policies Downcoast Developmt Cmte