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Home My WebLink About11/27/1972 - Regular MeetingCOUNCILMEN P014903 pO Rni 1 (:AI 1 � T w y � P X P P PA CITY OF NEWPORT BEACH REGULAR COUNCIL- MEETING Place: Council Chambers Time: 7:30 P.M. Date: November 27, 1972 Mayor McInnis presented a Proclamation declaring the • week of November 26 - December 2, 1972 as Key Club Week in the City of Newport Beach to Key Club represen- tatives from Corona del Mar and Newport Harbor High Schools. Present x x x x x x Roll Call. Absent x Motion x The reading of the Minutes of the Regular Meeting of Ayes x x x x x x November 13, 1972 was waived, said Minutes were Absent x approved as written and ordered filed. Motion x The reading in full of all ordinances and resolutions under Ayes x x x x x x consideration was waived, and the City Clerk was directed Absent x to read by titles only. HEARINGS: 1. Mayor McInnis opened the continued public hearing Lido Isle regarding the appeal of Mrs. Lucia Wright from the Tennis decision of the Planning Commission granting Use Courts Permit No. 1632 to the Lido Isle Woman's Club to permit the illumination of a tennis court on Lido Isle • on Lots 722, 723, 724 and 725 of Tract 907, located on the southwesterly corner of Via Jucar and Via Lido Nord on Lido Isle. A letter was presented from Robert W. Wright requesting the Council to disapprove of Use Permit No. 1632. Letters were received after the agenda was printed from the following: Henry A. Hickok, Consulting Electrical Engineers, certifying that the lighting system for Lido Isle tennis courts complies with Use Permit No. 1632 conditions: Betty K. Brown, Mrs. John M. Franko and Mrs. Raymond DeMott regarding statements on appeal application; and James Bergman, gardner for Lido Isle Community Association, stating the tennis court lights are an asset in respect to maintenance and vandalism. Motion x Debate was limited to fifteen minutes for each side. Ayes xxxxx x Absent x Margaret Howland and Mr. Hecker addressed the Council in opposition to night lighting of the tennis • courts. Volume 26 - Page 338 ROLL CAl E Mc Ay Ab Mc E Ay At At COUNCILMEN FT; pip %GNy P CITY OF NEWPORT BEACH November 27_ 1972 MINUTES imnry Thomas Malcolm, President of Lido Isle Community Association, John Franco and Mrs. Edgar Gilchrist addressed the Council in favor of the tennis court lighting. >tion x The hearing was closed. es xxxxx x sent x )tion x Mayor Pro Tern Rogers made a motion to sustain the decision of the Planning Commission and to determine that the installation of lights on Via Jucar tennis courts under the circumstances as outlined in the use permit and as conditioned by the Planning Commission would not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of the tennis court or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. Councilman Store made an amendment to the motion to shorten the trial period and have the matter come back for review by the Planning Commission after one year, which amendment Mayor Pro Tern Rogers accepted. 'es xxxxx x A vote was taken on Mayor Pro Tern Rogers' motion; isent x and Use Permit 1632 was granted, as amended and with the above determination. RECESS for five minutes was declared by Mayor McInnis. The Council reconvened with all members present except Mayor Pro Tern Rogers and Councilman Dostal. 2. Mayor McInnis opened the continued public hearing Versailles regarding Planning Commission Amendment No. 339, on the revising the Planned Community District Regulations Bluffs governing the development of Versailles-On-the- Bluffs to decrease the density to eighteen dwelling units per gross acre in Phase II. A letter was presented from Attorney Roy B. Woolsey regarding donation of property by developers. Mayor Pro Tern Rogers resumed his seat at the Council table. Ntion x The hearing was continued to December 18 to permit es xxxxx x an evaluation of the surface transportation system by sent x the consulting firm of Alan M. Voorhees and Associ- ates. Volume 26 - Page 339 COUNCILMEN \'1, t\ ROLL CALL 0 Motion Ayes Absent • Motion Ayes Absent Motion Ayes Absent CITY OF NEWPORT BEACH MINUTES November 27, 1972 INDEX 3. Mayor McInnis opened the continued public hearing Jasmine regarding the Environmental Impact Report filed by Creek M. J. Brock and Sons in connection with the Tenta- tive Map of Tract 7967 (Jasmine Creek), subdividing 84.7 acres into 379 attached single- family dwellings and one landscape lot, located at the southwest corner of San Joaquin Hills Road and Marguerite Avenue, zoned P -C. A report was presented from the Community Develop- ment Department dated November 13. Larry Moore, Associate Planner with the Irvine Com- pany, addressed the Council and requested a contin- uance to December 4, 1972. x The public hearing was continued to December 4, 1972. xxkx x x 4. Mayor McInnis opened the public hearing regarding Revenue consideration of alternate uses of federal revenue Sharing sharing funds in the City of Newport Beach. A report was presented from the City Manager. x The hearing was continued to December 18 to allow x x x x x time for the County to hold its hearing and for the x Parks, Beaches and Recreation Commission to hold a meeting regarding acquisition and development of parks. x The Orange County League of Cities' position of x x x x x x sharing a portion of the County's federal revenue x sharing funds with the cities was endorsed in.principle. ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1478, being, Revenue Sharing AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 3.25 TO THE NEWPORT BEACH MUNICIPAL CODE, EN- TITLED "SPECIAL FEDERAL REVENUE SHARING FUND, " creating a special fund for the purpose of depositing, disbursing and withdrawing federal revenue sharing funds in accordance with requirements of the State and Local Fiscal Assistance Act of 1972, was pre- sented. Volume 26 - Page 340 RO COUNCILMEN \(St<\ np \S, NA CITY OF NEWPORT BEACH MINUTES LL CALL �V..AP10 ; f A O November 27, 1972 INDEX A report was presented from the City Manager. Motion x Ordinance No. 1478 was introduced and passed to Ayes x x x x x x second reading on December 4, 1972. Absent x 2. Proposed Ordinance No. 1479, being, District Map 1 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICTING MAP NO. 1, Planning Commission Amendment No. 346, amending a portion of District Map No. 1 from a C -1 -H District to an R -2 District, located at 211 Fern Street between West Coast Highway and Canal Street in Newport Shores. A report was presented from the Community Develop- ment Department. Motion x Ordinance No. 1479 was 'introduced and set for public Ayes xxxxx x hearing on December 18, 1972. Absent x 3. Proposed Ordinance No. 1480, being, Mod Cmte AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20.47.010 OF THE NEWPORT BEACH MUNICIPAL CODE IN CON- NECTION WITH MODIFICATIONS COMMITTEE MEMBERSHIP, Planning Commission Amendment No. 347, adding the Building Division Supervisor rather than the City Attorney as a member of the Modifications Committee, was presented. Motion x Ordinance No. 1480 was introduced and set for public Ayes x x x x x x hearing on December 18, 1972. Absent x 4. Proposed Ordinance No. 1481, being, Uniform Bldg Code/ AN ORDINANCE OF THE CITY OF NEWPORT Story BEACH AMENDING SECTION 20.02.285 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAIN- ING TO THE DEFINITION OF "STORY," Planning Commission Amendment No. 345, defining the term "story" to coincide with the definition con- tained in the Uniform Building Code, was presented. Volume 26 - Page 341 COUNCILMEN \". \t' \01i CITY OF NEWPORT BEACH MINUTES 3OLL CALL \ \� \�pN \? \� \�r�p�^\ November 27, 1972 INDEX • A report was presented from the Community Develop- ment Department. Motion x Ordinance No. 1481 was introduced and set for public Ayes x x x x x x hearing on December 18, 1972. Absent x 5. A proposed ordinance, being, District Map 46 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 46, Planning Commission Amendment No. 330, rezoning portion of Lot 1, Tract 463 from an R -4 -UL District to an R -3 District, located on the westerly side of Superior Avenue, north of Pacific Coast Highway (Newport Crest), was presented. A report was presented from the Community Develop- ment Department dated August 14. Motion x Consideration of the proposed ordinance was tabled. Ayes xxxxx x Absent x • CURRENT BUSINESS: 1. A report was presented from the City Manager re- Bushard/ garding sale of City -owned property at Bushard and Hamilton Hamilton Streets, Huntington Beach. Resolution No. 7881, rejecting all bid proposals for R -7881 Motion x the Bushard and Hamilton property - Huntington Ayes x x x x x x Beach, authorizing rebidding, and setting out the Absent x procedure for its sale, was adopted. 2. A report was presented from the City Manager re- Harbor garding request from Harbor View Hills Community View Dr Association for closure of Harbor View Drive at the Closure southeasterly end with intersection of Marguerite Avenue. Motion x The request for closure of Harbor View Drive was Ayes x x x x x x referred to the City Staff Traffic Affairs Committee Absent x for investigation and report. 3. A report was presented from the Public Works Di- Villa Way rector regarding acquisition of property at 500 - 29th Realign- Street for the realignment of Villa Way. ment Volume 26 - Page 342 ;JI COUNCILMEN 9n A 0%.p a go g o,n y0 'T.� 0 CALL %CP a C 9t CITY OF NEWPORT BEACH November 27. 1972 MINUTES INDEX on x The purchase of the property at 500 -29th Street for S x x x x x x $65, 250 was authorized, and the following resolution Absent x was adopted: Resolution No. 7882 accepting a Grant Deed from R -7882 Peter A. Paanakker and Lafe Speirs in connection with the purchase of the property located at 500 - 29th Street. 4. A report was presented from the Public Works Di- TOPICS rector regarding Federal Aid Street and Highway System FAU, FAS, and FAP II (TOPICS). Resolution No. 7883, approving the proposed Federal- R -7883 Motion x Aid Urban Street System for the City of Newport Ayes x x x x x x Beach urbanized area portion of the Los Angeles - Absent x Long Beach metropolitan area, was adopted. CONSENT CALENDAR: Motion x The following items were approved by one motion affirming Ayes x x x x x x the actions on the Consent Calendar: Absent x 1. The following Advisory Communications were ordered • filed: Letter from Madie Pollock urging R -1. 5 zoning for BI Zoning Balboa Island. Resolution of Board of Supervisors stating intent of TOPICS County to transfer to City of Fullerton the amount of $5, 500 more or less, and to City of Newport Beach the amount of $20, 700 more or less from the Orange County combined 1971-72 and 1972 -73 fiscal year TOPICS funds. Notice of Hearing before Public Utilities Commission in the matter of application of Pacific Telephone and Telegraph Company for rate increase. Order of Public Utilities Commission reopening in- vestigation on Commission's own motion into the rules pertaining to underground extensions to com- mercial and industrial developments and to individual customers of all electric and communication public utilities in the State of California. Agenda of Board of Supervisors meetings held • November 14, 15, 21 and 22, 1972. Volume 26 - Page 343 *LL COUNCILMEN CITY OF NEWPORT REACH MINUTES CALL Av pN N ( , F November 27, 1972 INDEX 2. The following communications were referred as indicated: Referred to staff for reply, letter from Frances C. Parking MacArthur regarding parking of campers and recre- ation vehicles on the streets in Corona del Mar. Referred to Greenbelt Plan Organization Committee, Greenbelt Greenbelt Progress Report for October, 1972. Referred to staff for study and report back on Decem- Curb Cut ber 4, letter from Larry Kirschenbaum requesting to retain and make use of the existing curb cut at 1623 West Balboa Boulevard. 3. The following resolution was adopted: Resolution No. 7884 changing the name of 'Rue Vichy" St Name to "Rue Deauville "; Tract No. 7809, located on the Change north side of Big Canyon Drive, easterly of Jamboree R -7884 Road in Big Canyon. (A report from the Community Development Department was presented.) 4. The following claims were denied, and the City Clerk'g Claims • referral of the claims to the insurance carrier was confirmed: Claim of Helen B. Griffes for property damage on Griffes November 11, 1972 when a large tree in the parkway fell over and damaged the roof of her property at 300 Goldenrod, Corona del Mar, allegedly due to improper cutting of the root system by the City. Summons and Complaint for Damages of Talbott Earl Thomas Thomas, Case No. 197423 in Orange County Superior Court. 5. The following staff report was received and ordered filed: Opinion from the City Attorney entitled "Conflict of Versailles Interest - Versailles Settlement Agreement." on the Bluffs 6. The plans and specifications for the Newport and Npt/ Balboa Ocean Piers Pile Replacement (C -1496) were Balboa approved, and the City Clerk was authorized to ad- Piers vertise for bids to be opened at 11:00 a. m. on Pile December 11, 1972. (A report from the Public Works Replace- Director was presented.) went Volume 26 - Page 344 ROL COUNCILMEN NA A C O O n Z a O 9O CALL � CITY OF NEWPORT BEACH November 27, 1972 MINUTES INDEX 7. The plans and specifications for the Balboa Coves W Npt Odor Reduction System (C -1494) were approved, and Gas Odor the City Clerk was authorized to advertise for bids to be opened at 9:30 a.m, on December 11, 1972. (A report from the Public Works Director was presented) 8. The following Budget Amendments were approved: BA -20, $25, 000 transfer from Unappropriated Con- tingency Reserve to Balboa Coves Odor Reduction, General Fund. BA -21, $5, 000 transfer from Prof. Services, Library Fund to Develop West Newport Branch Library, Building Excise Tax Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: Motion x 1. A letter from R. H. Clucas regarding selection of EIR's Ayes x x x x x x consultants for Environmental Impact Reports to the Absent x City was referred to staff for study and report back. Motion x 2. An Opinion from the City Attorney entitled "Limita- Elections es x x x x x x tion on Funding of Municipal Office Campaign Expen- �a ent x ditures" was referred to the Council Charter Review Committee. Motion x 3. A letter from W. George Oke regarding a post in the Complaint Ayes x x x x x x center of the 50th Street entrance to the beach on Absent x Seashore Drive was ordered filed. Motion x 4. A questionnaire from the Community Action Council Youth Ayes x x x x x x regarding youth involvement in the community was Absent x referred to staff for reply. ADDITIONAL BUSINESS: Motion x I. Councilman Ryckoff made a motion to instruct the EIR's Legislative Advocate to oppose AB 889 if it appears to impose on or preempt the City's power to require Environmental Impact Reports. Charles Griffin and Robert Shelton spoke from the audience regarding the bill. Ayes x x x x A vote was taken on Councilman Ryckoff's motion, Noes x x which motion carried. tent x Volume 26 - Page 345 COUNCILMEN CITY OF NEWPORT BEACH Sp3n'm2p0 �a � ;OLL CALL T� pN a yf November 27, 1972 W e ion s Absent Motion Ayes Absent Motion Ayes Absent Motion Ayes Absent • • MINUTES INDEX Charter Review Cmte Youth Advisory Cmte Land Dev Responsi- bility Cmte x 2. Councilmen Store and Kymla were appointed as mem- x x x x x . x bers of an ad hoc Charter Review Committee to devel- x op means of setting up a Citizens Advisory Charter Revision Committee and to report back to Council on j December 18, 1972. x 3. Mayor Pro Tern Rogers and Councilman Croul were x x x x x x appointed as members of an ad hoc Youth Advisory x Committee to get reaction of the community on the advisability of a Youth Advisory Committee. x 4. Joe Devlin was appointed to the Land Development x x x x x x Responsibilities Committee. x x The meeting was adjourned at 9:35 P. M. xxxxx x x Mayor ATTEST: 4Z Volume 26 - Page 346 INDEX Charter Review Cmte Youth Advisory Cmte Land Dev Responsi- bility Cmte