Loading...
HomeMy WebLinkAbout03/08/1976 - Regular MeetingCOUNCILMEN N�'fG �� poq,9pp� m i � ROLL CALL Present M A Motion Ayes Mo Ayee Motion Ayes Motion_ Ayes Motion Ayes Motion AYe�, CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. MINUTES °pmSZy� a °�tn�pa Date: March 8,. 1976 INDEX x X X x x Roll Call. x The reading of the Minutes of the Regular Meeting of x x x x x February 23, 1976 was waived, and said Minutes were ap- proved as written and ordered filed. x The reading in full of all ordinances and resolutions under x x x x x consideration was waived, and the Acting City Clerk was directed to read by titles only. HEARINGS: 1. Mayor McInnis opened the public hearing regarding Tract 7967 Tentative Map of Tract No. 7967, request of M. J. Brock & Sons, Inc., Los Angeles, to amend a previously approved tentative tract map so as to permit minor modifications on the private street system and to permit a reduction of the residential units from the approved number of 346 dwelling units to approximately 324 dwelling units; located southwesterly of San Joaquin Hills Road and easterly of Crown Drive North in the Planned Community of Jasmine Creek; zoned P-C. A report was presented from the Community Development Department. Larry Olin representing M. J. Brock & Sons, addressed the Council and stated that they agreed to the con- ditions imposed by the Planning Commission. The hearing was closed after it was determined that no x x x x x one else desired to be heard. The Tentative Map of Tract No. 7967 was approved, x x x x x subject to the findings and conditions recommended by the Planning Commission. CONTINUED BUSINESS: 1. William Frederickson, Jr. was appointed as a member of Ping Comen • x x x x 7 the Planning Commission to fill the unexpired term of Comsn William J. Tiernan, ending June 30, 1979. 2. Brenda R. Ross was appointed as a member of the Parks, PB &R • x x x x x Beaches & Recreation Commission to fill the unexpired Comsn term of John Payne, ending June 30, 1978. 3. A letter dated January 27, 1976 from the Cliff Haven Cliff Community Association was presented requesting per - Haven mission to place a community identification sign Sign adjacent to the public right -of -way of Cliff Drive midway between Dover Drive and Kings Place. A report was presented from the Community Development Department. x The request of the Cliff Haven Community Association x x x x x in connection with the placement of a community identification sign was approved. 4. A report was presented from the Public Works Director Curb Cut/ regarding abandoned curb cuts in Corona del Mar.. Abatements Frank Jank, president of the Corona del Mar Chamber Volume 3U - Paee 46 :v' Mot Mo Ay e Mo Ay e Mo Ay Mo Ay COUNCILMEN C A <v.p CITY OF NEWPORT BEACH MINUTES �L CALL AA =Z7� N �AaAN March 8, 1976 INDEX of Commerce, and Paul Hummel, immediate Past President of the Corona del Mar Civic Association and originator • of the letter from the Association regarding the curb cuts, addressed the Council and urged that the curb cuts be filled. ion x Councilman ruehn made a motion to direct the staff to abate the unused curb cuts and driveway approaches in old Corona del Mar using Chapter 13.07 of the Munici- pal Code, giving priority to those curb cuts on East Coast Highway. tion x Mayor McInnis made a substitute motion to direct the s K x x x x x X staff at City expense to close the unused curb cuts and driveway approaches at the more critical locations as time and funds are available, which motion carried. CURRENT BUSINESS: 1. A report was presented from the Community Development Hillside Department regarding the recommendations of the Dev Planning Commission in connection with hillside devel- opment. tion x The recommendations of the Planning Commission were s K x x x x x I approved, and the staff was directed to prepare a Council Policy Statement on Hillside Development for consideration on March 22, 1976. 2. A letter from the Orange County Division of the League League of of California Cities was presented regarding increased Calif Citie staffing requirements with staffing alternatives and funding requirements. tion x The matter was postponed pending further information es x x x x x x I on the League's reorganization plan. It was directed that a letter be written to the League of Cities advising them of this action, and the Council's representative to the League was directed to make the Council's position known to the Orange County Division. 3. A report was presented from the City Manager regarding CdM acquisition of property in Corona del Mar for the State Lots/ Senior Citizens' facility. Acquisition Resolution No. 8714, accepting the offer of the State R -8714 Department of Transportation to sell certain State - owned property to the City of Newport Beach and authorizing the Mayor and City Clerk to accept the Grant Deed for said property and further authorizing the Mayor and City Clerk to execute a Deed of Trust and Installment Note - interest included for the tion x balance of the purchase price (Parcel No. 041339- 01 -01, es K x x x x Y N Corona del Mar), was adopted. 4. A report was presented from the City Manager's Admin- PCH istrative Assistant regarding bid results for sublease City of the Coast Highway Parking Lot. Prkg Lot Suzanne Rudd, representing West Newport Beach Improve- ment Association, and Bob Abbott addressed the Council in support of the proposal for tennis courts on the Coast Highway Parking Lot. Volume 30 - Page 47 Z ROLL 4 Mot ioi Ayes Motio Ayes Absen Motic Ayes Absen Motic 4 COUNCILMEN 2 CITY OF NEWPORT BEACH MINUTES CALL OF�129CZiPO��a�pW March 8, 1976 INDEX Tom Rogers addressed the Council in connection with the bid he had submitted for the sublease of the / parking lot. n Councilman Store made a motion to adopt Resolution R -8715 No. 8715, authorizing the execution of an agreement between the City and Bob Abbott in connection with the subleasing of the Pacific Coast Highway Parking Lot for recreational vehicle parking; and to direct the staff to further investigate the proposal by Mr. Abbott for a tennis center at the Coast Highway Park- ing Lot. Councilman Ryckoff asked that the motion be amended to fix a time limit for the consideration of the tennis court development, and a "reasonable time" limitation was set, which was accepted by the maker of the motion. x x x x x A vote was taken on Councilman Store's amended motion, which motion carried. A recess of five minutes was declared. , The Council reconvened with all members present except Councilman Rogers. n C 5. Paul E. Wickman was appointed to the Civil Service Civil x x x x Board to fill the unexpired term of Oren L. King, Service x ending June 30, 1977. Board 6. A letter from Arthur Smith, Attorney at Law, was Business presented asking for a pro rata refund on his License business license in connection with his law office Tax which closed February 27, 1976. n x Mr. Smith's request was denied. x x x x .t 7. A letter from the Mariners Mile Co. was presented Bldg Excise regarding the assessment of $6,706.25 for new Tax/ construction in accordance with Sections 3.12.020 - Mariners 3.12.135 of the Municipal Code, and asking for Mile waiver and return of the fee. A report was presented from the Community Development Department to the City Manager. Vin Jorgenson, partner in Mariners Mile Co., and Ned McCune, owner of property in Mariners Mile, addressed the Council and urged waiver of the construction fee. m x Councilman Barrett made a motion to eliminate the excise tax for the Mariners Mile Co. Vice Mayor Dostal asked that the motion be amended to include direction to the staff to come back with an ordinance that would exempt cases such as this in the future, which was accepted by the maker of the motion with the stipulation that the exemption be limited to the previous square footage of the property. Volume 30 - Page 48 ROL Ay( Ab: M f'M Ay Ab Mo Ay Ab COUNCILMEN m i m CITY OF NEWPORT BEACH MINUTES .L CAL March 8, 1976 INDEX �s x x x x x x A vote was taken on Councilman Barrett's amended motion, and the excise tax was waived. 8. A letter from Dennis E. Braeutigam was presented Upper requesting funds to provide a model of the Upper Bay Newport Ecological Reserve. Bay Mr. Braeutigam addressed the Council regarding the proposed model. Ray Williams, President of Friends of Newport Bay, addressed the Council in support of the project. =ion x Councilman Ryckoff made a motion for the City to contribute $200 toward the project. Lion x Vice Mayor Dostal made a substitute motion to con- tribute $400 out of Unappropriated Contingency Reserve, provided that the model would be owned by the City with the understanding that it would be available to any organization for exhibition puposes. as x x x x x 7 A vote was taken on Vice Mayor Dostal's motion, which sent I motion carried. CONSENT CALENDAR: Lion x The following items were approved by one motion affirming es K x x x x x the actions on the Consent Calendar: s• 1. The following ordinance was introduced and passed to second reading on March 22, 1976: (a) Proposed Ordinance No. 1659, being, AN ORDINANCE Dogs/ OF THE CITY OF NEWPORT BEACH ADDING SECTION Penalties 7.04.055 ENTITLED "PENALTY" TO CHAPTER 7.04 0 -1659 (DOGS) OF TITLE 7 OF THE NEWPORT BEACH MUNICIPAL CODE. (Exhibit) (Report from City Attorney) 2. The following resolutions were adopted: (a) Resolution No. 8716 appointing Election Officers General and establishing their compensation, designating Municipal polling places, and providing for the opening Election and closing of the polls for the General Munici- R -8716 pal Election to be held on April 13, 1976. (b) Resolution No. 8717 authorizing the execution of PB &R an agreement between the City and Powered by R -8717 Nature Childrens' Outdoor Recreation Program to provide boats for an ocean and sailing instruc- tion program. (Report from the Parks, Beaches and Recreation Director) (c) Removed from Consent Calendar. (d) Removed from Consent Calendar. (e) Resolution No. 8718 increasing the authorized Personnel strength of Police Sergeants in the Police R -8718 Department from 20 to 21 and decreasing the Volume 30 - Page 49 ROLL CAL • • 0 COUNCILMEN aL y 2 Op �1 , 0 0* \A1 f N s CITY OF - NEWPORT BEACH MINUTES March 8, 1976 INDEX Police Officers from 94 to 93. (Report from the City Manager) (f) Resolution No. 8719 reaffirming various standing Council and ad hoc City Council Committees and deleting lCmtes the Special Census Committee and the Redistrict- R -8719 ing Committee and repealing Resolution No. 8704. 3. The following communications were referred as in- dicated: (a) To Community Development Citizens Advisory Carden Committee for study and report back, letter from School The Carden School of Corona del Mar requesting a renewal of their lease for the property at Fifth and Marguerite, Corona del Mar. (Exhibit) (b) To staff for investigation and reply, letters Street from Bob Ghiglieri and Jeff McGregory regarding Cleaning the effect of the street cleaning signs on small JUM businesses in certain areas of Corona del Mar. (Exhibit) (c) To staff for reply, letter from D. I. Johnson Street ,regarding the street signs in Corona del Mar in Cleaning connection with the street sweeping program. CdM (Exhibit) (d) To staff for reply, letter from Robert G. Grower Street regarding the parking ban for street sweeping and Cleaning a parking ticket he received as a result of the CdM signs. (Exhibit) (e) To Community Development Department for report Bldg back, a letter from the Bluff's Home Owners Permits/ Association regarding the issuing of building Bluffs permits in the Association's area. (Exhibit) (f) To the City's representative to the Orange OrCo County Health Planning Council, a letter from the Health Health Planning Council calling for nominations Ping for Speaker of the Assembly. (Exhibit) Council (g) To Pending Legislation Committee, letter from the IGarbage California Refuse Removal Council protesting Disposal/ League of Cities Legislative Bulletin 4 {8 -1976 as Comm'1 regards AB 1938 and urging support of this legislation. (Exhibit) 4. The following communications were referred to the City Clerk for filing and inclusion in the records: (a) Letter to Mayor McInnis from Elizabeth Sadler expressing her appreciation for the removal of the street sweeping signs on Ocean Boulevard. (Exhibit) (b) Letter to Mayor McInnis from Noel Williams expressing his appreciation for the services of the paramedic unit recently when he suffered a heart attack in the lobby of the Marriott Hotel. (Exhibit) Volume 30 - Page 50 ROLL f. I COUNCILMEN p< p A CITY OF NEWPORT BEACH MINUTES CALL a�=ZVr i iP *�a�N March 9. 1976 INDEX (c) Letter to Mayor McInnis from Patricia and James Finn expressing their gratitude to the Fire Department for their performance in connection with the San Clemente fire of January 21, 1976. (Exhibit) (d) Letter from Norman N. Tillner protesting the action of the Planning Commission in denying Variance No. 1052 (a request to exceed the height limit on Hazel Avenue). (Exhibit) (e) Letter from the State Resources Agency, Division of Oil and Gas offering assistance and the cooper- ation of their office in connection with proposed land development and construction projects as well as preparation of local regulations or ordinances pertaining to oil, .gas or geothermal development. (Exhibit) (f) Invitation from the Orange County Criminal Justice Council to attend a display of a program entitled "Crime Prevention Show on Wheels Pro- gram". (Copies sent to Council) (g) Invitation from the Sea and Sage Branch of the National Audubon Society to its 19th Annual Conservation Dinner on March 19, 1976. (Copies sent to Council) ROLL CAI COUNCILMEN oo LLapL$ °"0$11 p R Q'-,Z fO pMM p 1 VV A L M2 C N'A a s CITY OF NEWPORT BEACH March 8. 1976 MINUTES INDEX 5. The following claims were denied and the City Clerk's Claims referral to the insurance carrier was confirmed: (a) Claim of Patel Rent A Car D /B /A Thrifty Rent a Patel Car for damage to their rental car allegedly Rent A Car caused when it was struck from behind by a City DBA Thrifty vehicle 103 feet east of Jasmine, Pacific Coast Rent A Car Highway, Newport Beach on January 25, 1976. (b) Claim of Leo F. Hanna for damage to his automo- Hanna bile, allegedly caused when he was struck from behind by a City vehicle at Marine Avenue 54 feet north of Balboa Avenue on January 29, 1976. (c) Claim of Esther Sandler Rayden for personal Rayden injuries, allegedly sustained when she was in- volved in an accident with another vehicle at the intersection of Bristol and Campus on December 5, 1975 due to the malfunction of a traffic signal and allegedly due to negligence on the part of the City. (d) Claim of Kenneth H. Appleby for damage to his Appleby automobile, allegedly caused when he drove over a temporary water line across "J" Street at East Ocean Boulevard on February 7, 1976 and tore up his muffler system. 6. The Acting City Clerk's referral of the following Claim • claim to the City Attorney for appropriate action was confirmed: (a) Summons and Complaint for Refund of Taxes Paid Vaughn Under Protest of Gordon C. Vaughn, Case No. 242299 in Orange County Superior Court. 7, The following staff reports were received and ordered filed: (a) Report from the City Attorney regarding the Oil Well City's share of the attorneys' fees in connection Drilling/ with the Outer Continental Shelf. (Exhibit) Offshore (b) Report to the City Manager from Mestyanek & American Mestyanek regarding their limited examination of Legion the lease agreement between the City and Newport Post 291 Harbor Post 291 of the American Legion. (Copies attached for Council only) (c) Report from Mestyanek & Mestyanek regarding their Revenue examination of the Revenue Sharing Funds for the Sharing year ended June 30, 1975. (Copies attached for Council only) (d) Removed from Consent Calendar. 8. The following matter was set for public hearing on March 22, 1976: (a) Tentative Map of Tract No. 8737, a request of Tract 8737 Mariners Savings and Loan Association, Newport Beach, to create one parcel of land for condo- minium medical office development; located at 320 Volume 30 - Page 52 :3L COUNCILMEN \m3�� \i n' 9pP_\ CITY OF NEWPORT BEACH MINUTES °ASS L CALL 9�%TmA'A March 8, 1976 INDEX Superior Avenue, across Hospital Road from Versailles -on- the - Bluffs; zoned A -P. (Report • from the Community Development Department) 9. The plans and specifications for the repair of the Goldenrod Goldenrod Avenue Pedestrian Bridge were approved; and Footbridge the City Clerk was directed to advertise for bids to be received and opened on March 29, 1976 at 10:00 A.M. (Report from the Public Works Director) 10. The public improvements in connection with Resub- Resub 460 division No. 460, located on the easterly side of Jamboree Road between Santa Barbara Drive and San Joaquin Hills Road, were accepted. The City Clerk was authorized to release the surety for faithful per - formance bond (No. S 180115); and to release the surety for labor and materials bond (No. S 180115) in six months provided no claims have been filed. (Report from the Public Works Director) 11. The public improvements in connection with the Lido Lido Villag Village Development (Use Permit No. 1636) on Via UP 1636 Oporto from Via Lido to Central Avenue, subject to the provisions of an "Agreement and Declaration of Cove- nants between Landowners" dated September 5, 1973 were accepted. The City Clerk was authorized to release the surety for faithful performance Bond No. 2428803. 12. The work in connection with the alley improvements on Alley Impr/ Balboa Island, 1975 -76 (C -1748) was accepted; and the B I • City Clerk was authorized to file a Notice of Com- 1975 -76 pletion and to release the bonds 35 days after Notice of Completion has been filed. (Report from the Public ,Works Director) 13. The work in connection with the alley improvements Alley Impr/ on Balboa Peninsula, 1975 -76 (C -1753) was accepted; Balboa Peni and the City Clerk was authorized to file a Notice of 1975 -76 Completion and to release the bonds 35 days after Notice of Completion has been filed. (Report from the Public Works Director) 14. The staff was authorized to retain an appraiser to 203 -35th St determine the fair market value of 203 35th Street & (Lot 23, Block 135, Lake Tract) and of 200 44th Street 200 -44th St (portion of Lot 2, Block 143, Canal Section). (Report Acquisition from the Public Works Department) 15. The following maintenance harbor dredging permit Harbor application was approved, subject to the conditions of Permit approval under the blanket maintenance dredging permit issued by the U. S. Army Corps of Engineers: 4!150 -6, Robert Gaylord, 446 Collins Island. (Report from the Marine Department) 16. Councilman Peter Barrett was authorized to attend the Travel Southern California Association of Governments Task Authoriza- Force meeting in Washington, D.C. on March 10, 1976. tion 17. Removed from Calendar. Consent 18. The following Budget Amendment was approved: BA -57, removed from the Consent Calendar. Volume 30 - Page 53 ROLL C �J Motior Ayes Abstai Absent Motior Ayes Absent Motior Motior Ayes Absent Motior Ayes Absent 2, COUNCILMEN \\%O" \C%\� \KA1\0V\06%\ CITY OF NEWPORT BEACH 4LL pig 29C a * aAw March 8, 11 BA -58 secre Unapp. Speci, ITEMS REMO` 1. A rep tegar and P domes x x x x N (a) n ox x (b) X X x X x 2. Propo CITY NEWPO REGUL The f tion petit the C Hegna Betsy ordin x Counc intro Counc x x x x Ordin x 22, 1 3. A rep Depar owner Eastb x Mayor repor Bluff Chest Assoc drain x Avot I x carri 176 MINUTES $150 transfer of Budget Appropriations for :arial service for Litter Control Committee, from -opriated Contingency Reserve to Nondepartmental, tl Departmental Expense, General Fund. TED FROM THE CONSENT CALENDAR: INDEX )rt was presented from the Public Works Director 1water ling the requests of William L. Periera Associates acific Telephone and Telegraph Company requesting :ic water service outside the City. iesolution No. 8720, authorizing the execution of R -8720 i contract to serve water outside the City to ?illiam L. Pereira Associates, was adopted. i resolution authorizing the execution of a con- Water tract to serve water outside the City to The ?acific Telephone and Telegraph Company was :ontinued to March 22, 1976. sed Ordinance No. 1660, being, AN ORDINANCE OF THE Skateboards )F NEWPORT BEACH ADDING CHAPTER 12.27 TO THE 0 -1660 IT BEACH MUNICIPAL CODE ENTITLED "SKATEBOARDING iTIONS," was presented. allowing people addressed the Council in opposi- to the ordinance: Bill Sharpe, who presented a ion bearing 350 signatures of young residents of ity opposed to the ordinance; Chip Burden; Hans and Helen Kieron. MacKenzie addressed the Council in support of ance. ilman Barrett made a motion to postpone the auction of the ordinance for two weeks. ilman Store made a substitute motion to introduce ance No. 1660 and set for public hearing on March 976, which motion carried. Drt was presented from the Community Development I Drainage/ tment regarding the concern of the Bluffs Home- lEastbluff s Association over the drainage problems in the luffs area. McInnis made a motion to send the information t from the Community Development Department to s Homeowners Association. er Purcell, Manager of the Bluffs Homeowners iation, addressed the Council regarding their age problem. e was taken on Mayor McInnis' motion, which mot ed. Volume 30 - Page 54 COUNCILMEN \71r N 3' O F O ROLL CALL Motion Ayeia Abs Motion Ayes Absent Motion Ayes Absent Motion Ayes Absent Motion Ayes Absent Motion Ayes Absent Motion Aye* Abse CITY OF NEWPORT REACH MINUTES p� s aAN March 8, 1976 INDEX x 4. A report from the City Attorney in connection with Council x x x x x Section 403 of the Charter regarding Council absence Absence was ordered filed. x 5. A report from the City Manager regarding the appropri- Ensign • x x x x x ation of funds for Ensign View Park was referred to View the Parks, Beaches and Recreation Commission. Park ADDITIONAL BUSINESS: x 1. The Mayor was directed to send a letter reflecting the SB 1550 • x x x x x Council's opposition to SB 1500, which incorporates a' major plan for reorganization of the Califorornia trial courts into a single trial court. x 2. The Mayor was directed to send a letter reflecting the AB 3000 X x x x x Council's opposition to Assembly Bill 3000, which would guarantee lifetime tenure for peace officers. x 3. An appraisal of the property at Bayside and Marine x x�x x x Avenues was authorized at an approximate cost of $3,000; the appraisal to reflect the value of the property with and without slip rights. x 4. Vice Mayor Dostal was authorized to attend two meet- Travel x x x x x X ings of the National League of Cities Environmental Authoriza- Quality Committee outside the City. tion x The meeting was adjourned at 10:00 P.M. x x x x i Mayor ATT ST: City C k Volume 30 - Page 55