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HomeMy WebLinkAbout10/29/1974 - Regular MeetingCOUNCILMEN CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. MINUTES TOLL CALL \m \*V�0X\4�\ uauc. ucwuci <7, 71r INDEX Mayor McInnis announced the meeting would be opened with special presentations consummating the City's acquisition • from the State Highway Department of four parcels of State right -of -way property consisting of the Church site on Cliff Drive, two lots on Kings Road and a triangle parcel in Newport Shores. Ceremonial replicas of the Deed for the Cliff Drive propert and of a check made out to the State Department of Trans- portation in the amount of $436,000 were exchanged between Mayor McInnis and Mr. Harry Kagan, Chief Right -of -Way Agent for the Department of Transportation. Present K x x x x j I Roll Call. The reading of the Minutes of the Regular Meeting of Motion x October 15, 1974 was waived, and said Minutes were Ayes x x x x x 31 1 approved as written and ordered filed. The reading in full of all ordinances and resolutions Motion under consideration was waived, and the City Clerk was Ayes x x x x N directed to read by titles only. ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1589, being, Food Sanitation AN ORDINANCE OF THE CITY OF NEWPORT BEACH • AMENDING CHAPTER 6.08 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO FOOD HANDLING ESTABLISHMENTS, to conform to the Orange County Health Department's Uniform City Food Sanitation requirements for all cities served by the Health Department. Sidney L. Soffer addressed the Council and requested a delay in order to have time to review the Ordinance with other restaurant owners in the area. Motion The matter was postponed to November 11, 1974. Ayes x x x x CONTINUED BUSINESS: Motion C 1. T. Phillips Morgan was appointed as a member of the Library Ayes x x x x N Board of Library Trustees to fill the unexpired Board term of Dr. Wilson Little ending June 30, 1978. CURRENT BUSINESS: 1. A report was presented from the Community Development Tract 8762 Department regarding the final map of Tract No. 8762, subdividing 45.770 acres into six lots for commercial development and one lot for a common parking lot, • located on property bounded by MacArthur Boulevard, Von Karman Avenue, Birch Street, Jamboree Road in Koll Center Newport, zoned P -C. Volume 28 - Page 257 COUNCILMEN ROLL CALL Miobon A Motion Ayes Motion Ayes • Motion Ayes Noes • MINUTES u N 2 a m\ October 29. 1974 IN The Final Map of Tract 8762 was approved, subject • x x x x x X to the conditions recommended by the Planning Commission. 2. A report was presented from the Public Works Direc- Lid for regarding a request from the Lido Village Vil Association to permit the installation of a direc- tional sign for the Lido Village parking structure. The installation of a directional sign for the Lido x Village parking structure was approved, subject to • x x x x x x the conditions recommended by staff. 3. A letter from the Orange County League of Califor- OrC nia Cities was presented with a copy of the Orange Lea County Division's Resolution endorsing the conduct Arc of a survey by all member cities relative to ascer- tec taining present and future programs to remove Bar architectural barriers for the physically handi- Con capped, and requesting the city to designate a staff member to meet with the Architectural Barri- ers Committee. The City Manager was directed to appoint a staff x x x x x representative to the Architectural Barriers Com- mittee and to notify the Orange County League. 4., A letter from Judy Swayne, President of The League OrC of Women Voters of Orange County, urging support Tra of Proposition A which seeks to raise a sales tax Dis in Orange County to help finance an expanded public transportation system, was presented. Fern Pirkel, Transportation Committee Chairman of The League of Women Voters, addressed the Council and urged support of Proposition A. x The matter was tabled. xx x x Mayor Pro Tem Dostal stated for the record that this was a vital question for the voters and he felt a full discussion should be had on the Proposition. 5. A report from the Bicycle Trails Citizens Advisory Bic Committee regarding County funding of Regional Tra bikeway systems was presented with a proposed resolution supporting the Orange County proposed Master Plan of Arterial Bikeways (MPAP). John Werlie, President of the Balboa Island Improvement Association, addressed the Council and urged the Council not to approve any bicycle trail system that included bike trails on Balboa Island. William Johnson, President of Central Newport Homeowners' Association, addressed the Council regarding hazards created by the bicycle riders on the ocean front sidewalk. Volume 28 - Page 258 0 lage 0 gue hi- tural riers mittee 0 nsit t ,cle Us ROLL CA Motion Motion Ayes • COUNCILMEN AfflZ\1C. \J� \�A CITY OF NEWPORT REACH MINUTES LL pw s 9t N+s2m�opt� October 29, 1974 INDEX x The matter was referred back to the staff and to x x x x the Bicycle Committee to work with the County Park and Recreation Department to put across, to the degree they can, the City's position regarding the approved Master Plan of Bikeways as it applies to Newport Beach. CONSENT CALENDAR: x The following items were approved by one motion affirming th x x x x x 7 actions on the Consent Calendar: 1. The following ordinance was introduced and passed to second reading on November 11, 1974: Proposed Ordinance No. 1590, being, AN ORDINANCE Pacific OF THE CITY OF NEWPORT BEACH AMENDING SECTION Coast Hwy 12.12.060 OF THE NEWPORT BEACH MUNICIPAL CODE TO Prkg Lot ESTABLISH A PARKING PERMIT SYSTEM FOR THE PACIFIC 0 -1590 COAST HIGHWAY CITY PARKING LOT. (A report from the City Attorney was presented). 2. The following resolution was adopted: Resolution No. 8375 authorizing the execution of an Off -site off -site parking agreement between the City of Parking Newport Beach and the Green Medallion Nursery. (A Green report from the Community Development Department was Medallion presented.) R -8375 3. The following communications were referred as indi- cated: Referred to Board of Library Trustees and direction to the Mayor to prepare a draft reply, letter from The Irvine Company regarding a library site in Newport Center and a letter from the Board of Library Trustees requesting a meeting with Council at the Study Session on October 29. Referred to Planning Commission, letter from Victor R. Yack opposing the proposed office building to be built on the site of the Lido Shores Hotel. Referred to Planning Commission, letter from S.P.O.N. (Stop Polluting Our Newport) objecting to plans for The Castaways. Referred to staff for inclusion in on -going study, letter from S.P.O.N. objecting to the proposed retaining wall surrounding most of the Coves project. Referred to staff for inclusion in on -going study, Lett r from Harbor Senior Citizens Club in support of a local bus system. Referred to staff for appropriate action, letter from Michael J. Anderson regarding the storm drain system at the intersection of Alta Vista and Aralia in Eastbluff and stating that the system is deficient. Volume 28 - Page 259 ROLL CALL • • • COUNCILMEN \41\06 \ CITY OF NEWPORT BEACH MINUTES. �90 PVC N=Z ApM October 29, 1974 INDEX Referred to staff for reply, letter from Richard P. Hausman regarding an alleged discrepancy on the tide measurement readings under the Newport Bay Bridge. Referred to staff for appropriate action and reply, letter from Orange County Office of Emergency Services regarding a siren study of communities of 2,500 or greater. Referred to staff for approval, letter from Uncle Hubert's Royal Caboose regarding in -lieu parking fees. 4. The following communications were referred to the City Clerk for filing and inclusion in the records: Letter from David J. White protesting the price of parking meters at Newport Beach. Letter from League of California Cities to the City Clerk acknowledging receipt of Resolution No. 8360 concerning oil leases off the continental shelf. Letter to Mayor McInnis from Supervisor Riley stating that the Mayor's letter regarding the possibility of a bike trail through the Newport Dunes had been referred to the Director of the Environmental Management Agency. Letter to Mayor McInnis from the Retired Senior Volunteer Program extending an invitation to the Council and the Manager to meet with participants in the Retired Senior Volunteer Program and their guests on Tuesday morning, November 5th. Letter from Orange County Citizens for Proposition 15 (repealing Article 34 of the State constitution which requires a referendum before low rent housing can be constructed), enclosing a resolution in support of the Proposition and asking for Council's support. Resolution of Escalon urging opposition to Proposition 17. Resolution of Santa Barbara requesting all California entities to support Proposition 17. Application of Southern California Gas Company before Public Utilities Commission for increase in rates. Notice resetting prehearing conference on the applica- tion of Greyhound Lines before Public Utilities Commission for increase in rates. State of California Office of Planning and Research Outlook for October, 1974. Agenda of Board of Supervisors meetings held October 15, 16, 22 and 23, 1974. Volume 28 - Page 260 R( COUNCILMEN OP P� \VC \x67\12 � CITY OF NEWPORT BEACH MINUTES mP °TV2�=maa )LL CALL m * c in 2 a m October 29 1974 5. The following claims were denied, and the City Clerk's referral to the insurance carrier was confirmed: Claim of I.M. Vorie for damage to his property at 205 43rd Street, Newport Beach from oil splashed on his house, allegedly by City forces during capping of the oil well next door. Claim of Merrill Eugene Riggle for personal injuries sustained in a boating accident at Coast Highway bridge on July 18, 1974, allegedly due to improper design of the bridge, improper lighting and improper and insufficient warnings. Application of Edward H. Stone, attorney for Kate Elizabeth Solarczyk, for leave to present a claim for false arrest and imprisonment on or about November 2,1973. 6. The following requests to fill personnel vacancies were approved: (A report from the City Manager was presented.) One Custodial Officer in the Police Department to fill a position now vacant. One Fireman in the Fire Department to fill a position • now vacant. 7. The following Commission report was received and ordered filed: Report from the City Arts Commission regarding its proposed By -Laws and Rules of Procedure. 8. The public improvements constructed in connection with Tract No. 8381, located northwesterly of Superior Avenue and Ticonderoga Street, were accepted; and the City Clerk was authorized to release the Faithful Performance Bond and to release the Labor and Materials Bond in six months provided that no claims have been filed. (A report from the Public Works Director was presented.) 9. The work on Irvine Avenue Median Landscaping, Contract No. 1599, was accepted; and the City Clerk was authorized to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been filed. (A report from the Public Works Director was presented.) 10. The work on Riverside Avenue Pedestrian and Bicycle Trail, Contract No. 2625, was accepted; and the City Clerk was authorized to file a Notice of Completion and to release the bonds 35 days after the Notice • of Completion has been filed. (A report from the Public Works Director was presented.) Volume 28 - Page 261 INDEX Claims Vorie Riggle Solarczyk City Arts Cmsn Tract 8381 Irvine Av Median Landscapg Irvine Av Pedestrian/ Bike Trail ROLL CAI • • Motioi Ayes Motiol Ayes u COUNCILMEN CITY OF NEWPORT BEACH MINUTES _L 4 0\% October 29, 1974 INDEX 11. The work on the Improvement of St. Andrews Road from St Andrews 15th Street to Cliff Drive, Contract No. 1643, was Rd Imprvmts accepted;and the City Clerk was authorized to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been filed. (A report from the Public Works Director was presented. 12. The plans and specification for the Cement Mortar Balboa Lining of Cast Iron Water Mains on Balboa Boulevard, Blvd Water Contract No. 1608, were approved; and the City Clerk Mains/ was authorized to advertise for bids to be opened at Cement 10:30 A.M. on November 14, 1974. (A report from the Mortar Public Works Director was presented.) Lining 13. The following maintenance dredging harbor permit Harbor application was approved, subject to the conditions Permit/ of approval under the Blanket Maintenance Dredging Dredging Permit issued by the U.S. Army Corps of Engineers: 11109 -1513, Richard Booth, 1513 E. Balboa Boulevard. (A report from the Marine Department was presented.) 14. The Financial Report of the City of Newport Beach Financial from the City Manager and the Finance Director for the Report fiscal year ending June 30, 1974, and the Auditor's Opinion from Mestyanek and Mestyanek, City auditors, were received and ordered filed. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter from the Citizens for Decent Literature Pornographic extending an invitation to their meeting on Thursday, Newspapers October 24 to discuss the plans of the Santa Ana City Council to enforce a new ordinance in regard to the i x pornographic newspaper vending machines was ordered x x x x x 7 filed. It was agreed that the staff would send copies of the proposed Santa Ana ordinance with a report to the Council at a future Study Session. ADDITIONAL BUSINESS: 1. A report was presented from Councilman Ryckoff The regarding The Coves project. Coves Jean Watt addressed the Council and protested the height of the wall. z The staff was directed to write a letter to The x x x x 2 Irvine Company requesting their voluntary action to mitigate the height and grading of the wall. 2. Councilman Ryckoff stated that Col. Herring Franklin Bicycle had resigned from the Bicycle Trails Citizens Trails Advisory Committee. Comte Volume 28 - Page 262 ROLL CALL Motion Aygs Motion Ayes • • COUNCILMEN \V\i; �L9p \0a CITY OF NEWPORT BEACH MINUTES �00\ October 29, 1974 INDEX Councilman Ryckoff's appointment of Kenneth Elgin x x x x x as a voting member of the Bicycle Trails Citizens Advisory Committee was confirmed. 3. A discussion was had on the California Coastal Coastal Zone Conservation Commission, South Coast Region, Comsn Recommended Planning and Management Zone and Primary Permit Zone. With the consent of the Mayor, Councilman Ryckoff left the Council meeting during the discussion on the Coastal Commission Primary Permit Zone. The meeting was adjourned at 9:12 P.M. in the memory of X x x Mr. Jack Barnett, who devoted many years of his life to the betterment of Newport Beach, and who's memory will be long held in reverence by this City and his footprint will remain for many years. mayor ATTEST: City Clerk Volume 28 - Page 263