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Home My WebLink About12/18/1972 - Regular MeetingROLL CALL r !1 1\ P P 7 0 I COUNCILMEN "Oe NA, ZoNao r cr mpN N � yr pm CITY OF NEWPORT BEACH REGULAR COUNCIL FLEETING Place: Council Chambers Time: 7:30 P. M. Date: December 18, 1972 The readii lotion x consideral .yes xxxxxxx to read by HEARING; 1. Mayo regar revis: govdr to de( gross kotion x The b es xxxxxxx comb pact I the he 2. Mayo the E struc prope Perrr the F into t locate Palm weste water A sul ment the C conne of Us Stipu: 19551 MINUTES [nnis presented Certificate of Appreciation former Planning Commissioners Curt Dosh and son and thanked them for their years of dedi- ice to the City. ig of the Minutes of the Regular Meetings of 27 and December 4, 1972 was waived, said ere approved as written and ordered filed. ig in full of all ordinances and resolutions under :ion was waived, and the City Clerk was directed titles only. is r McInnis opened the continued public hearing ding Planning Commission Amendment No. 339, [ng the Planned Community District Regulations ning the development of Versailles -On -the - Bluf :rease the density to eighteen dwelling units per acre in Phase II. earing was continued to January 8, 1973 to be fined with the hearing on the Environmental Im- teport, Use Permit No. 1537 and exception to :fight ordinance. r McInnis opened the public hearing regarding nvironmental Impact Report filed by JAK Con - Lion Company in connection with the Fun Zone rty, combined with a public hearing on Use .it Application No. 1591, and consideration of inal Map of Tract 7796, subdividing 1.245 acres hree lots for forty -seven condominium units, :d northerly of Balboa Boulevard, easterly of Street, southerly of the U. S. Bulkhead line and rly of Washington Street, zoned C -1, (Edge- Condominiums). oplemental report from the Community Develop - Department was presented with a report from ity Attorney regarding the written findings in ction with the denial by the Planning Commissic e Permit No. 1591. .ation and Order of the Superior Court Case No. 1 of Allan Beek, Petitioner, vs City of Newport Volume 26 - Page 355 INDEX Versailles on the Bluffs Fun Zone Mayor Mc ' p plaques to Don Adkin Gated sery resent x xxxxxxx Roll Call. The readij Lotion x x N November yes x xxxxxxx M Minutes MINUTES [nnis presented Certificate of Appreciation former Planning Commissioners Curt Dosh and son and thanked them for their years of dedi- ice to the City. ig of the Minutes of the Regular Meetings of 27 and December 4, 1972 was waived, said ere approved as written and ordered filed. ig in full of all ordinances and resolutions under :ion was waived, and the City Clerk was directed titles only. is r McInnis opened the continued public hearing ding Planning Commission Amendment No. 339, [ng the Planned Community District Regulations ning the development of Versailles -On -the - Bluf :rease the density to eighteen dwelling units per acre in Phase II. earing was continued to January 8, 1973 to be fined with the hearing on the Environmental Im- teport, Use Permit No. 1537 and exception to :fight ordinance. r McInnis opened the public hearing regarding nvironmental Impact Report filed by JAK Con - Lion Company in connection with the Fun Zone rty, combined with a public hearing on Use .it Application No. 1591, and consideration of inal Map of Tract 7796, subdividing 1.245 acres hree lots for forty -seven condominium units, :d northerly of Balboa Boulevard, easterly of Street, southerly of the U. S. Bulkhead line and rly of Washington Street, zoned C -1, (Edge- Condominiums). oplemental report from the Community Develop - Department was presented with a report from ity Attorney regarding the written findings in ction with the denial by the Planning Commissic e Permit No. 1591. .ation and Order of the Superior Court Case No. 1 of Allan Beek, Petitioner, vs City of Newport Volume 26 - Page 355 INDEX Versailles on the Bluffs Fun Zone ROLL Co V Mot Aye Mot Aye 0 Mot Aye • COUNCILMEN \f �i P 2 pn off: Nn CITY OF NEWPORT BEACH MINUTES T p 4LL TS' N Z G y 9 N C ( A December 18, 1972 INDEX Beach, et al, staying Use Permit 1591 and taking off the calendar subject to being reset as therein pro - vided, was presented. Letters were presented from Phillo Tozer, President of Davey's Locker, from Mr. and Mrs. Marlo Jar - man and from Mr. and Mrs. P. G. Barkdull opposing the proposed condominiums. Letters were received after the agenda was printed from Ultra Systems, Inc. regarding their supplement to the Environmental Impact Report, from Didi Moore and Elaine Linhoff urging that the Fun Zone be re- tained and from the Balboa Improvement Association in favor of the condominium project. John Konwiser, applicant, addressed the Council and ion x stated that he would require more than the stipulated s x x x x x x x time, and was granted 15 minutes for his presentation. ion x Tom Hyane and Richard Newell were each granted s x x x x x x x 10 minutes for their presentations. The following people addressed the Council in opposi- tion to the condominium project: Allan Beek, Orville Schlueter, Barbara Eastman, K. W. Olson, Tom Hyans, Roy Woolsey, attorney, Lynn Newell, Kae Ewing, Dr. Robert Washbon and Richard Newell, attorney representing Allan Beek. The following people addressed the Council in favor of the proposed project: Gerald S. Shockley, George Perlin, Joan Schertzer, Roy Lewis, Kate Michael, James Pellegrine, Hector Hesse, Hazel Jones and Kenneth Elgin, President of the Balboa Island Improve- ment Association. With the permission of the Council, Attorney Newell interrogated Lt. Cibbarelli of the Police Department regarding the alleged narcotics problem in the area. :ion x The hearing was closed. is xxxxxxx Councilman Kymla made a motion to deny the Environ- mental Impact Report and to deny the project. Councilman Croul made a substitute motion to adopt Resolution No. 7887 accepting the Environmental Impact Report in connection with Use Permit 1591 Volume 26 - Page 356 COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROLL CALL *`r Aa a yr r� December 18, 1972 INDEX l(Edgewater Condominiums) and to reissue Use Permit 1591. Bruce Harrington, attorney representing JAK Con- struction Company, raised a point of order and stated that the motion should be made in two parts so the Environmental Impact Report would be accepted before action was taken on the Use Permit. Motion x Councilman Croul made an amended substitute motion, R -7887 Ayes x x x x x and Resolution No. 7887, accepting the Environmental Noes x x Impact Report in connection with Use Permit 1591 (Edgewater Condominiums), was adopted. Councilman Croul made a substitute motion to confirm Use Permit No. 1591. Motion x Councilman Store made another substitute motion to Aye x x x x table the matter, which motion carried. Noes x x x 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 Tentative 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 from the Community Development Depart- ment was presented with a copy of a letter addressed to the Mayor from the Chairman of the Environmental Impact Committee of the Harbor View Hills Home Owners Association stating that the Environmental Report does not reflect the actual conditions of future population and traffic. Larry Moore, General Planning Administrator for The Irvine Company, addressed the Council and stated he would require more than the stipulated time. Motion x Mr. Moore was granted 10 minutes for his presenta- Ayes xxxxxxx tion. Ralph Martin, Partner in Charge of Planning with Walt Richards & Associates, the architects and plan- ners for the project, addressed the Council in behalf of the proposed development. Volume 26 - Page 157 ROLL C) • Mot Aye Mot Aye • Mo Ay Mo Mo Ay No Ay P COUNCILMEN CITY OF NEWPORT BEACH MINUTES \LL *� PN a < < s� December 18, 1972 INDEX The following people spoke from the audience in opposition to the proposed development: Bob Orman, Dick Spooner, Carl Wolfe, Bob Howsell, Don Seale, H. Ross Miller, Eugene O'Rourke, Roland Paris, William Hickey, Yvonne Howsell, Mrs. Walter Smith and Orville Stewart. ion x The hearing was closed. s xxxxxxx Larry Moore requested a two -week continuance to allow time to study and evaluate the additional con- ditions recommended by Councilman Store. ion x The hearing was reopened and continued to Jan - :s xxxxxxx uary8, 1973. 4. Mayor McInnis opened the continued public hearing Revenue regarding consideration of alternate uses of Federal Sharing Revenue Sharing Funds in the City of Newport Beach. A report from the City Manager was presented with a report from the Parks, Beaches and Recreation Com- mission regarding methods of financing parks. No one desired to be heard. Lion x The hearing was closed. as xxxxxxx tion x Councilman Dostal made a motion to place the funds in the Capital Improvement Fund for construction of high priority capital improvement projects which would include, but not be limited to, park and open space acquisition. tion x Councilman Kymla made a substitute motion to apply the funds directly to either property tax rate reduction Or to projects that are directly related to property tax rate reduction. as x x A vote was taken on Councilman Kymla's motion, as x x x x x which motion failed to carry. as xxxxxxx A vote was taken on Councilman Dostal's motion, and the Federal Revenue Sharing Funds will be placed in Capital Improvement Fund for construction of high priority capital improvement projects. Volume 26 - Page 358 ROL 4 COUNCILMEN CITY OF NEWPORT BEACH MINUTES L CALL T� PN N 9r r� December 18, 1972 INDEX 5. Mayor McInnis opened the public hearing in connection District with Ordinance No. 1479, being, 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. I from a C -I -H District to an R -2 District, located at 211 Fern Street between West Coast Highway and Canal Street in Newport Shores. No one desired to be heard. ✓Lotion x The hearing was closed. dyes xxxxxxx Motion x Ordinance No. 1479 was adopted. ayes xxxxxxx 6. Mayor McInnis opened the public hearing in connection Mod Cmte with Ordinance No. 1480, being, 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. No one desired to be heard. Motion x The hearing was closed. kyes xxxxxxx Motion x Ordinance No. 1480 was adopted. .yes xxxxxxx 7. Mayor McInnis opened the public hearing in connection Uniform with Ordinance No. 1481, being, Bldg Code/ Story AN ORDINANCE OF THE CITY OF NEWPORT 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. Volume 26 - Page 359 COUNCILMEN P� �L pO q' C$ 00 a� �p 4i CF. �' O MA O ROLL CALL *CP m r L CITY OF NEWPORT BEACH December 18, 1972 MINUTES INDEX • N No one desired to be.heard. ROL COUNCILMEN 9C �` p0 3 fl NA f' �,. O O CALL T v CITY OF NEWPORT BEACH December 18. 1972 MINUTES INDEX 3. Proposed Ordinance No. 1483, being, District Map 15 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 15, Planning Commission Amendment No- 344, rezoning a portion of Block 94 of Irvine's Subdivision from a C -1 -H District to an R -3 District, located on the south side of Bayside Drive, westerly of Marine Ave- nue near the Balboa Island Bridge (The Coves), was presented. A report was presented from the Community Develop- ment Department. Motion x Ordinance No. 1483 was introduced and set for public Ayes x x x x x x x hearing on January 8, 1973. 4. Proposed Ordinance No. 1484, being; District Map 11 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 11, Planning Commission Amendment No. 348, rezoning a portion of Block 2 of Newport Bay Tract from a C -1 District to an R -2 District, located on the south side of East Balboa Boulevard easterly of Coronado Street on the Balboa Peninsula, was presented. A report from the Community Development Depart- ment was presented with a copy of a letter to the Planning Commission from Barbara Lewis opposing subject rezoning. Motion x Ordinance No. 1484 was introduced and set for public Ayes xxxxxxx hearing on January 22, 1973. CONTINUED BUSINESS: 1. It was agreed to take the Environmental Impact Report Versailles filed by Donald J. Scholz and Company, Use Permit on the No. 1537 for Phase I1, and exception to the height Bluffs ordinance in connection with Versailles -on- the - Bluffs off the table, and that they would be combined with the continued public hearing on Planning Commission Amendment No. 339 regarding density in Phase 11. Volume 26 - Page 361 ROLL_CALI 0 Mot Aye Mo Ayi • Mo Ay4 Mo Ay, !. COUNCILMEN \C�' 14 PO 7. C� pp N 3(�� Z2p0 O.� O 099n mf9l ply CITY OF NEWPORT BEACH riP!`PIT�IPY t R 1077 MINUTES wnFx 2. A report from the City Attorney regarding the intent Balboa of the gift of property from The Irvine Company and Bay Club determination as to whether the existing Balboa Bay ion x Club buildings and structures are compatible with the s x x x x x x x intent of the gift was received and ordered filed. CURRENT BUSINESS: 1. A report was presented from the Community Develop- Variance ment Department regarding Variance No. 1025, re- 1025 quest to permit construction of a single - family dwelling with an area exceeding permitted floor area limit in.an R -1 District, located at 1909 East Bay Avenue; and requesting Council to review the floor area limitation provision of the new height ordinance. Henry Buckingham, owner of the property, addressed the Council briefly. .ion x Variance No. 1025 was set for public hearing on !s x x x x x x x January 8, 1973. 2. A report was presented from the Community Develop- The Coves ment Department regarding the Tentative Map of Tract 8073 (The Coves), subdividing 5.7 acres into three lots for commercial and condominium develop- ment, located at the southwesterly corner of Bayside Drive and Marine Avenue, adjacent to the Balboa Island bridge, zoned R -3 and C -1 -H. ;ion x The Tentative Map of Tract 8073 (The Coves) was set :s x x x x x x x for public hearing on Jaa3ary 8, 1973. 3. A report was presented from the Community Develop- Anniver- ment Department regarding request of the Newport sary Upper Bay Association to install an entrance sign for Estates "Newport Anniversary Estates" on private property owned by Mrs. Thelma Hanscom at 2500 Anniversary. Lane. !ion x The installation of an entrance sign for the Newport :s x x x x x x x Anniversary Estates was approved. 4. A report was presented from the Parks, Beaches and Lawn Recreation Director regarding $15,000 contribution Bowling from the Joslyn Foundation for the Newport Harbor Lawn Bowling Association's building fund and for a clubhouse in San Joaquin Hills Park. Volume 26 - Page X62 CITY OF NEWPORT BEACH COUNCILMEN `�1< C? DON NO 3 Z ROLL CALL o� 7�9m Z, ` 9r 9i� Ilw'rwmhr.r IS tion es Motion Ayes Motion Ayes . • Motion Ayes Noe s Motion Ayes Motion Ayes Abstait 1972 MINUTES INDEX nt x $15, 000 from the Joslyn Foundation was accepted and x x x x x x was transferred to the Newport Harbor Lawn Bowling Association as a contribution toward the construction of a clubhouse in San Joaquin Hills Park. 5. A report was presented from the Parks, Beaches and Cliff Dr Recreation Commission regarding County assistance View Par in acquiring an option on the six vacant lots on Cliff Drive adjacent to the two parcels recently acquired by the City. Parks, Beaches and Recreation Director Cal Stewart gave a brief staff report. x The City Attorney was directed to prepare an appro- x x x x x x x priate resolution for consideration on January 8, 1973 requesting the County of Orange to use funds from its Community Park Assistance Fund to take a year's option and /or purchase the six vacant lots on Cliff Drive adjacent to the two parcels recently acquired by the City. x It was directed that Assemblyman Badham be re- x x x x x x x quested to initiate the necessary proceedings for the immediate acquisition of State properties in Newport Beach that would be appropriate for park purposes. 6. An appointment of a City representative to the Orange OrCo County Mosquito Abatement District's Board of Mosquitc Trustees was considered. Abateme District x A Councilman is to be appointed as the City's repre- x x x x x x sentative with instructions to do what he can to dis- x solve the District. x The matter was referred to the Appointments Com- x x x x x x x mittee for report back on January 8, 1973. 7. A report was presented from the City. Manager re- Or Co garding Air West terminal access lease at Orange Airport County Airport. x A draft letter was approved confirming the City's x x x x x x position relative to conditions recommended to govern 1 x renewal of the Air West terminal access lease, and the staff was directed to transmit the letter to the Orange County Board of Supervisors. Volume 26 - Page 363 nt COUNCILMEN P��t03 v sN� Fob��220 0 ROLL CALL r v 9 N C 9( V CITY OF NEWPORT BEACH December 18, 1972 MINUTES INDEX 8. A report was presented from the City Manager re- General garding State lands granted in trust to the City of Plan/ Newport Beach. State Lands Motion x The Mayor was authorized to approve the text of Ayes x x x x x x x Land Use and Development Report and the General Plan for future use of the State lands granted in trust to the City. 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: Abstain x 1. The following Advisory Communications were ordered filed: A letter from the Bush family in San Luis Obispo expressing their enjoyment of a trip on the Balboa/ Balboa Island ferry. Copy of a letter from the Newport Harbor Chamber of OrCo Commerce to Orange County Board of Supervisors Airport concerning the renewal of the Air West lease at the Orange County Airport. A letter from Warren I. Henningsgrad regarding Police police helicopters. Helicopter Resolution of the Board of Supervisors soliciting the Air cooperation of all cities in the County, and of the Pollution California Highway Patrol, in improving air quality within the County by means of strict enforcement by city police and by the California Highway Patrol of all provisions of the California Vehicle Code relating to motor vehicle exhaust emissions; approving the establishment of additional air pollution monitoring stations on a priority basis as determined by the Air Pollution Control Officer at budget time; and instruct- ing the Air Pollution Control Officer to immediately complete the grant application currently being pre- pared for submittal to the State Air Resources Board. A resolution of the City of Stanton supporting actions to modify current tax assessment practices that discourage improvement and maintenance of resi- dential properties. Volume 26 - Page 364 Rol COUNCILMEN \�n,A CITY OF NEWPORT BEACH MINUTES .L CALL T� pN N yr +^ December 18, 1972 INDEX l Notice regarding Continental Trailways, Inc., Ameri- can Buslines, Inc. and Continental Lines increases in passenger fares and express rates. Conference Preview of Environmental. Planning Work- shop held at California State Polytechnic University, Pomona, on December 15. Agenda for Board of Supervisors meetings held December 5, 6, 12 and 13, 1972. Notice that Board of Supervisors will not holdmeetings on Tuesday, December 26 nor Wednesday, December 27, 1972. Notice of hearing before Public Utilities Commission on the Commission's own motion into rules governing construction and maintenance of railroad crossings. 2. The following communications were referred as indicated: Referred to the Planning Commission for inclusion in Density ongoing studies, letter from Jones Realty, Inc_ re- garding density. Referred to staff for reply, copy of a letter to City Police Clerk from Defense Civil Preparedness Agency Facility regarding civil defense advisory services as to how to apply the total- design concept for protection from environmental hazards including nuclear disasters in connection with the Jamboree Road Police Facility. Referred to Greenbelt Plan Organization Committee, Greenbelt Greenbelt Progress Report for November, 1972. Referred to staff for reply, letter from Woman's Newport Civic League regarding proposed development on The Dunes Dunes property. 3. The following resolutions were adopted: Resolution No. 7888 authorizing execution of a re- Grand imbursement agreement between the City of Newport Canal Beach and the County of Orange for the dredging of R -7888 Grand Canal. Resolution No. 7889 requesting the County of Orange San to include,within the Arterial Highway Financing Pro- Joaquin gram the widening of a portion of San Joaquin Hills Hills Rd Road. (A report from the Public Works Director was R -7889 presented.) Volume 26 - Page 365 R COUNCILMEN \n�3 T Z O Oa NO_ CITY OF NEWPORT BEACH MINUTES OLL CALL T� pm N C 9( yM December 18, 1972 INDEX Rat*t on No, 7890, au$Orrizin execution �f ax�Arte- Balboa ria ig way inancing rogra agreemen be ,& n Blvd the Cit , of Ne ort Beach and the Foulty of Or n�e idn connec ion wits the improvement o Balbboa Bou a er Widening (A report from the Public Works Director was pre- R -7890 sented.) Resolution No. 7891 authorizing execution of ar. Arte- Placentia rial Highway Financing Program agreement between Ave the Ciq of Nanprt,Beach and the yntx of O ;anae ih connec on wi ue. Imprvmt R -7891 Resolution No. 7892 authorizing execution of a co- operative financing agreement with the State of Cali- Traffic fornia Division of Highways for the installation of a Signal traffic signal and modification of a portion of New - R -7892 port Boulevard, (A report from the Public Works Director was presented.) Resolution No. 7893 authorizing an encroachment Buck agreement with William E. and Eleanor S. Fisher in Gully connection with the maintenance of the Buck Gully R -7893 erosion control device. (A report from the Public Works Director was presented.) Resolution No. 7894 relating to a Grant application to TARP the Office of Traffic Safety for a Traffic Accident R -7894 . Reduction Program (TARP). (A report from the City Manager was presented.) 4. The following claims were denied, and the City Clerkli Claims referral of the claims to the insurance carrier was confirmed: Claim filed by Raymond F. Killion, attorney, on Warming - behalf of his clients, Robert P. Warmington, James ton Warmington and Warmington Construction Company, who are defendants in a lawsuit arising in connection with the claim of Robert and Susan Upson for damages allegedly occurring in December, 1971. Claim of Dolly Rains for damages to property at 547 Rains Aliso Avenue on August 23, 1972 when her sewer line backed up, for which the City is allegedly responsible. Claim of Andre Howell, a minor, filed by Theresa Howell Jones, his mother and natural guardian, for personal injuries to Andre on September 3, 1972, when a Police car allegedly ran over his right foot while he was sleeping with a group in sleeping bags on a pier in Newport Beach, Volume 26 - Page 366 COUNCILMEN CITY OF NEWPORT BEACH MINUTES a ROLL CALL � s a r r �^ . December 18, 1972 INDEX Claim of Perry W. and Clara Babcock for damage to Babcock their car September 13, 1972 on Bayside Drive, Corona del Mar, allegedly caused when they were involved in an accident with a City vehicle. Claim of Norman Bowser, J. F. Butler, and John R. Bowser/ Murphy for damage to their property at 2516 -18 Butler 8 Bayside Drive, Corona del Mar, sometime prior to Murphy September, 1971, allegedly due to the placing of unauthorized fill dirt on the property by the City. 5. The following requests to fill personnel vacancies were approved: (A report from the City Manager was presented) One Traffic Engineer in the Public Works Department to fill a position to be vacant. One Equipment Mechanic I in the General Services Department to fill a position now vacant. One Groundsman Gardener I in the Parks, Beaches and Recreation Department to fill a position now vacant. One Librarian II in the Library to fill a position to be vacant. One Police Clerk I in the Police Department to fill a position now vacant. Two Police Officers in the Police Department to fill positions now vacant. 6. An Opinion from the City Attorney entitled "Inter- Newpor governmental Regulation on Building and Zoning- Dunes Newport Dunes" was deferred for consideration under Additional Business. 7. The plans and specifications for Hospital Road Im- Hospita provements, Contract 1408, were approved, and the Road City Clerk was authorized to advertise for bids to be Imprvrr opened at 10:00 a. m. on January 9, 1973. (A report from the Public Works Director was presented.) 8. The preliminary plans and specifications for the Polic Police Substation Facilities were approved and preparation of Substat the construction drawings was authorized. Faciliti Volume 26 - Page 367 Lt s ion .es ROL \1 A COUNCILMEN i�t 90 nP_ \�'a CITY OF NEWPORT BEACH MINUTES L r� �s c w INDEX 9. The following Harbor Permits were approved, subject Harbor to the approval of the U. S. Corps of Engineers and to Permits the special conditions recommended by the Marine Safety Department: Application of Charles Fishback for Harbor Permit Fishback No. 175 -508 to reconstruct the bulkhead on the pro- perty lines to a position in line with the adjoining bulkhead, and removal of the existing pier, ramp and float to be replaced with a 32' x 56' slip, 16' ramp and 6' x 8' pier. (A report from the Marine Safety Department was presented.) Application of Sea Enterprises (Phil Tozer) for Har- Sea bor Permit No. 221 -632 to revise the existing harbor Enter- permit by the construction of a 26' x 34' pier and an prises 8' x 42' float and ramp in conjunction with the Sea. Shanty Restaurant; a general Rhine redevelopment. (A report from the Marine Safety Department was presented.) 10. The expense account of Councilman Dostal for atten- dance at National League of Cities Congress in India- napolis, Indiana, November 26 - 30, was approved. , 11. The following Budget Amendments were approved: BA -24, $47, 500 increase in Budget Appropriations and decrease in Unappropriated Surplus in the Building Excise Tax Fund for purchase of Parcel #1 on Cliff Drive as a park site. BA -25, $23, 1C•0 increase in Budget Appropriations and in Revenue, Estimates, Contributions Fund for installation of a traffic signal at Highland -20th Street and Irvine Avenue ( Contribution from the City of Costa Mesa). BA -26, $40, 400 increase in Budget Appropriations and in Revenue Estimates, General Fund for recon- struction of Lafayette Avenue next to Lido Condo - minium and Western Canners, Ltd. property. (Con- tributions from the property owners of adjacent property). BA -27, $15, 000 to and from Unappropriated Surplus, Park & Recreation Fund, acceptance of $15, 000 from Marcellus L. Joslyn Foundation and conveyance of $15, 000 to the Newport Harbor Lawn Bowling Associ- ation as contribution toward construction of clubhouse at San Joaquin Hills Park. Volume 26 - Page 368 COUNCILMEN \�\-�P °A A O ROLL CALL pa N yc 9� CITY OF NEWPORT BEACH December 18. 1972 MINUTES INDEX BA -28, $4,510 transfer of Budget Appropriations for purchase of Budgeted Aerial Lift Truck (price in- creased in various components require extra funds),' from Unappropriated Contingency Reserve, PB &R- Parks, Parkways, Regular Salaries, to PB &R- Parke, Parkways, Rolling Equipment, General Fund. BA -29, $180 transfer in Budget Appropriations for purchase of a one ton truck from General Services- Field Maintenance, Shop Equipment to General Ser- vices- Traffic Signs & Markings, Rolling Equipment. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A resolution in connection with the construction of Promon- improvements in Resubdivision No. 337 (Promontory tory .Point) was deferred for consideration under Addition- Point al Business. 2. A report was presented from the City Manager in Newport/ connection with extension of the lease agreement for Balboa the maintenance of concessions on the Newport and Piers Balboa Piers, Contract No. 1263. Resolution No. 7895, authorizing a ninety -day R -7895 extension of lease agreement with Noel M. Phoenix and Betty Lou Phoenix for the maintenance of con - Motion x cessions on the Newport and Balboa Piers, until Ayes x x is x x x x April 1, 1973, Contract No. 1263, was adopted. 3. A report was presented from the Public Works Di- Balboa rector in connection with the widening of a portion Blvd of Balboa Boulevard, from 42nd Street to Pacific Widening Coast Highway. Resolution No. 7896, requesting the County of Orange R -7896 to include within the Arterial Highway Financing Pro- gram the widening of a portion of Balboa Boulevard, Motion x from 42nd Street to Pacific Coast Highway, was Ayes x x x x x x x adopted. ADDITIONAL BUSINESS: 1. Councilman Ryckoff made a motion that the Promon- Promon- tory Point Environmental Impact Report be subject to tory a public hearing and'that the developer be notified Point that a holding period would be appreciated. Volume 26 - Page 369 COUNCILMEN Pp FL p0 3 (.p O NA 'Fp 1,f �'� 21 0 NA O ROLL CALL + v pa a ! 7( pM I .4 :! CITY OF NEWPORT BEACH December 18, 1972 MINUTES INDEX x Councilman Croul made a substitute motion to not ,W'ion es x x x x x x hold a public hearing on the Promontory Point - Voes x Environmental Impact Report, which motion carried. Resolution No. 7897, authorizing execution of an R -7897 agreement with The Irvine Company, subdivider, for the construction of improvements in Resubdivision vlotion x No. 337 (Promontory Point), was adopted. (A report kyes x x x x x x x from the Public Works Director was presented.) vlotion x Z. The Planning staff was directed to explore the possi- Phasing Syes x x x x x x x bility of phasing certain types of residential and com- mercial developments that relate to scope, sizes and impact of an area. 3. The City Attorney's opinion entitled "Intergovern- Newport Motion x mental Regulation on Building and Zoning- Newport Dunes Ayes x x x x x x x Dunes" was formally accepted, and it was directed that a letter be sent to the County requesting a joint jurisdictional review of the proposed Dunes develop- ment (Water World). Motion x 4. . Councilman Ryckoff made a motion to adopt an Density Ayes x x emergency ordinance establishing a minimum of 2200 o es x x x x square feet of land area for each family unit in any stain i x building or group of buildings in the R -3, R -4 and C -O Districts, which motion failed to carry. 5. By order of the Council, application of Stivers /Hun- Senior tington for Use Permit No. 1623, requesting to permit Citizens a 104 unit senior citizens retirement home in the Retiremt Unclassified District, Parcel 2, Resubdivision 234, Home located at 333 Placentia Avenue on the westerly side of Placentia Avenue between Hospital Road and Motion x Superior Avenue, was set for public hearing on Ayes x x x x x x x January 22, 1973, for consideration of the tax exempt status of the project and of the Environmental Impact Report. Motion x 6. The establishment of a Citizens' Advisory Charter Charter Ayes x x x x x x x Revision Committee will be considered on January 22, Revision 1973 for the purpose of reviewing the need for a City Citizens Charter Revision; the committee to consist of seven Advisory citizens appointed by the Council, with each Council- Cmte man nominating one person at large; two Councilmen will be appointed as ex officio members; the staff will assist as required; and the Committee will be required to report back in sixty days after its for- mation regarding the need for revisions and a recom- mended timetable if revisions are deemed to be needed. Volume 26 - Page 370 COUNCILMEN Pp FL �O � \(I:ro '�.� �p3 �'�n2 p ROLL CALL T v A 9c vm CITY OF NEWPORT BEACH December 18. 1972 MINUTES INDEX 7. Resolution No. 7898, authorizing the execution of a Police license agreement with The Irvine Company for the Radio Motion x installation and maintenance of a police radio antenna, Antenna Ayes x x x x x x to be located in the penthouse of the Union Bank R -7898 Noes x Building in Newport Center, was adopted. Mayor McInnis adjourned the meeting at 2:45 A.M., December 19, 1972. 0 Mayor ATTEST: lap City Clerk Volume 26 - Page 371