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Home My WebLink About12/04/1972 - Regular MeetingCOUNCILMEN N p0 NA O ROLL CALL CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7 :30 P.M. Date: December 4, 1972 MINUTES INDEX esent xxxxx x Roll Call. sent x Motion x The reading of the Minutes of the Adjourned Meeting of Ayes xxxxx x November 20, 1972 was waived, said Minutes were Absent i x approved as written and ordered filed. Motion x The reading in full of all clydinances and resolutions under Ayes xxxxx 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 Pulaski regarding the appeal of Rolly Pulaski & Associates Appeal from the decision of the Planning Commission denying BI Use Permit No. 1634 to permit two residential units above commercial use in the C -1 District, Lot 23, Block 13, Section 4, located at 327 Marine Avenue between an alley and Balboa Boulevard on Balboa Island. A report was presented from the Community Develop- ment Department dated November 7. • Rolly Pulaski, appellant and owner, addressed the Council. No one else desired to be heard. Motion x The hearing was closed. Ayes xxxxx x Absent x Motion x Councilman Ryckoff made a motion to deny subject appeal without prejudice and to refer the Use Permit back to the Planning Commission, with waiver of any additional fees, for the purpose of complying with the spirit and intent of the existing R -1. 5 emergency ordinance and for consideration of an open garage. Councilman Kymla requested that the motion be amended to provide for one unit not to exceed. 1100 square feet, the second unit not to exceed 800 square feet, the commercial unit not to exceed 1500 square feet, and to require four parking spaces. Motion x The hearing was reopened. es xxxxx x sent x Volume 26 - Page 347 RO COUNCILMEN CITY OF NEWPORT BEACH MINUTES ,L CALL *� Pw a r yr pm December 4, 1972 INDEX In answer to questions by the Council, the appellant stated that it would be possible to build the project with the above provisions. Motion x The hearing was closed. Ayes xxxxx Absent x Councilman Ryckoff accepted the amendments as stated by Councilman Kymla. Ayes xxxxx x A vote was taken on Councilman Ryckoff's amended Absent x motion, which motion carried. 2. 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. Reports were presented from the Community Develop- ment Department dated September 25 and November 13. Letters were received after the agenda was printed from William Barrington questioning the ability and desirability of the streets in the area being able to handle the increased traffic generated by subject development and from Mr. and Mrs. Stephen Schwartz protesting the Jasmine Creek development as pro- posed. Larry Moore, representing The Irvine Company, requested a continuance to December 18. Motion x The hearing was continued to December 18, 1972. Ayes xxxxx Absent x 3. Mayor McInnis opened the public hearing regarding Dover Dr the closing of the north roadway of Dover Drive at Closure Irvine. A report was presented from the Public Works Department dated November 20. x Due to Councilman Dostal's absence, the hearing was ��tion es xxxxx x continued to January 8, 1973. Absent x Volume 26 - Page 348 COUNCILMEN ipxl X\0(� \t\s, \00. \1� CITY OF NEWPORT BEACH MINUTES TOLL CALL �y��pN aVf vt pF December 4, 1972 INDEX 1. 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, It 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 for second reading. Motion x Ordinance No. 1478 was adopted. Ayes xxxxx x Absent x CONTINUED BUSINESS: 1. A report was presented from the Public Works Di- Curb Cut rector regarding the request of Larry Kirschenbaum to retain and utilize the existing curb cut at 1623 West Balboa Boulevard. • Mrs.. Larry Kirschenbaum spoke on behalf of their request. Motion X The matter was continued to January 8, 1973 to allow Ayes x x x x x x time for the applicant to get together with the Com- Absent x munity Development Department and work out parking from the alley for two cars. CURRENT BUSINESS: 1. A report was presented from the Public Works Di- Resub 368 rector regarding Resubdivision No. 368, located in Block 100 of Newport Center bounded by Newport Center Drive, Newport Center Drive East, Anacapa Drive and Farallon Drive. Resolution No. 7885, authorizing the execution of a R -7885 Motion x subdivision agreement with The Irvine Company, sub - Ayes x x x x x x divider, for the construction of improvements in Absent x Resubdivision No. 368, was adopted. 2. A petition bearing thirty -six signatures requesting Balboa cancellation of Building Permit No. 5113 issued to Bay the Balboa Bay Club for construction of a 66 -unit Club apartment at 1221 West Coast Highway and requesting Volume 26 - Page 349 COUNCILMEN ptf,,f <pOp - 0 CITY OF NEWPORT BEACH MINUTES O3 to hLL CALL �� p� m r� O p� December 4, 1972 INDEX a public hearing on the Environmental Impact Report and on the question of whether the proposed use is consistent with the conditions under which the pro- perty was acquired by the City, was presented with a report from the Community Development Department. A letter was received after the agenda was printed from Attorney Roy Woolsey withdrawing his support from subject request. Donald Huddleston addressed the Council on behalf of subject petition. Motion x The staff, particularly the City Attorney, was directed Ayes x x x x x x to prepare an opinion as to the intent of the use of the Absent x property given to the City as a gift from The Irvine Company and whether the existing facilities are in compliance with that intent; the findings of the Com- munity Development Department were approved and the construction on Building Permit No. 5113 was allowed to continue. 3. A report was presented from the Marine Safety De- Harbor partment regarding Harbor Permit Application No. Permit 175 -306 of Nicholas Shammas to construct a pier, 0 ramp and float bayward of 306 Via Lido Nord. Joe Carver and William Sprague addressed the Council and urged denial of subject Harbor Permit. Motion x The matter was continued to January 8, 1973. Ayes xxxxx x Absent x 4. A letter was presented from several members of the Press press requesting that unauthorized people be vacated from the press table at Council meetings. Motion x The City Manager was directed to enforce the policy Ayes x x x x x x of authorized seating only at the press table. Absent 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: State Water Resources Control Board Order No. 72- Water 24 regarding Petitions to Review State Board Reso- Quality Control Volume 26 - Page 350 COUNCILMEN pf' 3.0 pp ; 9 o NA 1p $ f'pn 2 0 O CITY OF NEWPORT BEACH MINUTES ROLL CALL T� Pm a f sr pM December 4, 1972 INDEX lution on Water Quality Control Plan for Ocean Waters of California. Letter from the City of Half Moon Bay regarding Pro- Coastal position 20 and stating they will continue to work with Develop - all cities in preventing further attempts to erode the ment long cherished principle of home rule in California. Notice of hearing on December 7 regarding application of Southern California Gas Company for an increase in gas rates to offset higher costs caused by an in- crease in the rates of its supplier, El Paso Natural Gas Company. Notice of Local Agency Formation Commission hearing on December 13 regarding a proposed annex- ation to the Costa Mesa Sanitary District designated Engineor's No. 147 Annexation at the northwesterly intersection of McCormick and Airway Avenues. Agenda of Board of Supervisors meetings held Novem- ber 28 and 29, 1972. 2. The following communications were referred as in- dicated: • Referred to the Parks, Beaches and Recreation Com- Bicycle mission and to the Planning Commission, letter from Trails Mary A. Arthur regarding condition of some of the bike trails in the City. Referred to the Transportation Plan Committee, letter Traffic from L. John Lee regarding traffic in the Superior Avenue area. Referred to the Council Appointments Committee for Or Co: . study and recommendation to Council on December 18, Mosquito letter from the District Manager of the Orange County Abatement Mosquito Abatement District recommending reappoint District ment of A. Sandy Steiner as the City's representative to the D'istrict's Board of Trustees for the next two year term of office ending December 31, 1974. Referred to staff for reply, letter from Mayor Hama Npt Ftwy mett of Costa Mesa thanking the Council and Ben Nolan, Newport Beach City Engineer, for support of early completion of the Newport Freeway as far as Bay Street at the State Highway Commission meeting in Fresno. Volume 26 - Page 951 ROLL'i C COUNCILMEN Pn gt PO ; P N.l OA O CITY OF NEWPORT BEACH MINUTES :ALL *� Pa N f 9( PM December 4, 1972 INDEX ' 3. The following resolution was adopted: Resolution No. 7886 designating an intersection at Stop Sign which vehicles are required to stop and directing the Ramona/ Traffic Engineer to erect necessary stop signs; re- Santanella quiring traffic on Ramona Drive to stop before R -7886 entering or crossing Santanella Terrace. (A report from the Public Works Department was presented.) 4. The following claims were denied, and the City Clerk's Claims referral of the claims to the insurance carrier was confirmed: Claim of Pacific Telephone and Telegraph Company Pacific for damage to their service in the alley south of 15th T & T Street between Aliso and El Modena in Costa Mesa on August 24 allegedly caused by City forces in the per- formance of their duty. Claim of Dione J. Cooke for damages in the form of Cooke expenses incurred by her on November 14 when her car became mired in the mud on Westminster Avenue, allegedly due to the failure of the City contractor to post signs. ' Claim of Dorothy Carmichael for damages to her car, Car - allegedly caused by a section of a City tree which fell michael on the car while parked in her driveway. Summons and Complaint for Damages of Barbara Patton Chung Patton, Case No. 197572 in Orange County Superior Court. 5,. The following requests to fill personnel vacancies were approved: (A report from the City Manager was presented) One Equipment Maintenance Superintendent in the General Services Department to fill a position to be vacant. One Sign and Paint Shop Technician in the General Services Department to fill a position to be vacant. One Refuse Crewman in the General Services Depart- ment to fill a position to be vacant. One Humane Officer in the Police Department to fill 1 G a position to be vacant. Volume 26 - Page 352 ROI COUNCILMEN \1\11c,;. \�s oP \-,:; \00- Cw wa CITY OF NEWPORT BEACH MINUTES p $ R. _L CALL *� pw 2 .� w �r O p� December 4, 1972 INDEX 6. The following staff report was received and ordered filed: A report from the Public Works Director regarding Pac Coast easements across the Pacific Electric right -of -way Highway/ in the vicinity of 59th and 60th Streets. W Npt Crossing 7. The work was accepted on the Pumping Station, Zones Big III and IV and Pressure Reducing Station at Big Can- Canyon yon Reservoir, Contract No. 1350; and the City Clerk Reservoir was authorized to file a Notice of Completion and to release the bonds thirty -five days after the Notice of Completion has been filed. (A report from the Public Works Director was presented.) 8. The following Budget Amendments were approved:. BA -22, $1, 473. 50 increase in Budget Appropriations and a decrease in Unappropriated Surplus for the cost of extra work under Contract 1350, Zone III and IV Pumping Station, from Unappropriated Surplus, Water Fund, to Construct Master Plan Facilities, Water Fund. BA -23, $500 increase in Budget Appropriations for deposit as option to purchase property along Cliff Drive for view park, from Unappropriated Surplus, Building Excise Tax Fund to Acquisition of Park Pro- perty, Building Excise Tax Fund. ADDITIONAL BUkNESS: Motion x 1. The staff was directed to prepare a formal statement Regional Ayes x x x x x x to be delivered by an officer of the City and to request Aviation Absent x a specific time for the City to be heard at the public hearing to be held January 10, 1973 by the Regional Aviation Study Committee regarding regional aviation in Southern California. Motion x 2. Councilman Croul and a staff member were authorized Prop 20 Ayes x x x x x x to attend a Proposition 20 workshop to be held in San Absent x Francisco on December 8, 1972. Motion x 3. Councilman Ryckoff was authorized to attend the Boar Revenue Ayes x x x x x x of Supervisors' meeting on December 8 regarding the Sharing Absent x Os.ange County League of Cities revenue sharing plan, and to offer the City's support of the League's position _ Volume 26 - Page 353 ROLL CALL W e ion s Absent Motion Ayes Absent Motion Ayes Absent Motion Aye s Absent NCILMEN CITY OF NEWPORT BEACH MINUTES December 4, 1972 INDEX x 4. A public hearing was set for December 18 to consider Fun Zone x x x x x the Environmental Impact Statement submitted by the x JAK Construction Co. , the Final Map of Tract 7796 and Use Permit No. 1591. xQx 5. A breatholator given to the Police Department by a Breatho- x x x x x private citizen was accepted, lator 6. The staff was directed to investigate setting up the R -3 & R -4 x x x x :mechanics for bringing use permits in connection with Projects x projects in R -3 and R -4 zoning before the Council, and to report back at the Study Session of December 18. The meeting was adjourned at 8:58 P.M. C-Lerk Volume 26 - Page 354