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HomeMy WebLinkAbout02/24/1975 - Regular MeetingCOUNCILMEN CITY OF NEWPORT BEACH 'p At p 3 Y Op p�2 ?AA U+ ROLL CALL N s f u+ 2 m Present An Ayes Motion Ayes Motion Ayes Mn Ayers Motion Ayes Motion Ayes • Roll Call. REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: February 24, 1975 MUM The reading of the Minutes of the Regular Meeting of February 10, 1975 was waived, and said Minutes were approved as written and ordered filed. The reading in full of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1601, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.12.060 OF THE NEWPORT BEACH MUNICIPAL CODE TO ESTABLISH A PARKING PERMIT SYSTEM FOR THE PACIFIC COAST HIGHWAY CITY PARKING LOT, was presented for second reading. Ordinance No. 1601 was adopted. CONTINUED BUSINESS: 1. A proposed agreement and Budget Amendment regarding a feasibility study of a proposed tennis court develop- ment program were presented. The matter was postponed to March 24, 1975. 2. A report was presented from Mayor Pro Tem Milan Dostal, Chairman of Council Procedural Ethics Com- mittee, regarding a Code of Ethics. The matter was tabled. CURRENT BUSINESS: 1. A report was presented from the Public Works Director regarding request of Mr. and Mrs. Gordon P. Wiggins for a curb cut on Balboa Avenue to serve 227 Apolena Avenue, Balboa Island. The matter was postponed to March 24, 1975. 2. A report was presented from the City Manager regarding acquisition of State right -of -way property in Corona del Mar. Resolution No. 8440, accepting the offer by the State Department of Transportation to sell certain State - owned property to the City of Newport Beach and author- izing the Mayor and City Clerk to accept the Grant Deed for said property and further authorizing the Volume 29 - Page 39 INDEX Parking Permits Tennis Court Program Council Procedures Curb Cut/ 227 Apolena CdM State Lots/ Acquisition R -8440 ROL COUNCILMEN p m %0o 3G91A0 st, pFo CALL mpP T 7 .5, apF MINUTES INDEX Mayor and City Clerk to execute a Deed of Trust for _ the balance of the purchase price (Parcel Nos. 041339 - S n 01 -01, Corona del Mar); consisting of two parcels in Ay s K x x x x x 3 Corona del Mar adjacent to Marguerite, was adopted. 3. A letter from the Coast Camera Club appealing the PB &R Parks, Beaches and Recreation Commission's denial of Building their request for an exception to the charge of $6.00 per hour for use of the Parks, Beaches and Recreation Building for their meetings was presented. Frank Kingaard, representing the Coast Camera Club, addressed the Council urging waiver of the charge. Parks, Beaches and Recreation Director Cal Stewart gave a brief staff report. The request of the Coast Camera Club for an exception Motion K to the charge of $6.00 per hour for use of the Parks, Ayes I r x x Beaches and Recreation Building for their meetings Noes x x was denied. 4. A report from the Marine Department regarding request Boat of Hobie Newport to allow overnight storage of approxi- Storage mately forty boats on the public bay beach at 18th and West Bay Avenue on April 5 and October 18, 1975, in conjunction with two regattas to be sponsored by Hobie Newport was presented. Mn Municipal Code Sections 17.16.021 and 11.08.030 were Ay x x x x x waived; and the special request was granted, subject to the conditions recommended by the staff. CONSENT CALENDAR: Motion x The following items were approved by one motion affirming Ayes c x x x x x 3 the actions on the Consent Calendar: 1. The following ordinance was introduced and passed to second reading on March 10, 1975: Proposed Ordinance No. 1602, being, AN ORDINANCE OF Marine THE CITY OF NEWPORT BEACH AMENDING PORTIONS OF TITLES Dept 1, 2, AND 17 OF THE NEWPORT BEACH MUNICIPAL CODE TO 0 -1602 REFER TO THE MARINE DEPARTMENT AND MARINE DIRECTOR IN PLACE OF MARINE SAFETY DEPARTMENT AND HARBOR AND TIDELANDS ADMINISTRATOR. (A report from the City Attorney was presented.) 2. The following resolutions were adopted: Resolution No. 8441 supporting the continuation of OrCo the Orange County Health Planning Council and its Health designation as the "health systems agency" in this Ping area. (A letter from the Orange County Health Council Planning Council was presented.) R -8441 • Resolution No. 8442 authorizing the Mayor and City Sewer Clerk to execute an agreement with the Orange County Connection Board of Education relating to a sewer connection R -8442 Volume 29 - Page 40 COUNCILMEN \-\ 01� \0Q\_14 G 9\ 4a -,A, I,, W as Y .,. :�I MINUTES ALL CALL ID * 9r u+ 2 apm February 24, 1975 INDEX permit; for temporary service to the Development Center for Handicapped Minors located on the easterly side of Jamboree Road opposite Birch Street. (A report from the Public Works Director was presented.) Resolution No. 8443 awarding a contract to Bebek Bayside Dr Company for Street, Storm Drain, Sewer and Water Imprvmts Improvements, Bayside Drive from Bayside Place to R -8443 Marguerite Avenue, Contract No. 1497. (A report from the Public Works Director was presented.) Resolution No. 8444 authorizing the Mayor and City PB &R Clerk to execute an agreement between the City of Building Newport Beach and the Voluntary Action Center of R -8444 Southern Orange County for leasing the Parks, Beaches and Recreation headquarters building. Resolution No. 8445 designating certain agencies as Bicycle authorized to issue bicycle licenses. (A report from License the City Attorney was presented.) R -8445 Resolution No. 8446 authorizing the Mayor and City Police Clerk to execute a Hold Harmless Agreement between the Helicopters City of Newport Beach and Los Alamitos Naval Air R -8446 Station; permitting use of the air station for periodic training and testing of helicopter pilots. (A report from the City Attorney was presented.) 3. The following communications were referred as in- dicated: Referred to Planning Commission, letter from Jean General Morris urging support of Councilman Ryckoff's proposal Plan to lower residential densities in the General Plan. Referred to Board of Library Trustees, letter from Library Women's Civic League of Newport Harbor opposing the proposed Newport Beach Central Library and Cultural Center. Referred to Board of Library Trustees, letter from Library Priscilla J. Jaquiss asking for another branch library in the Upper Bay area on the east side. Referred to staff for study and appropriate action, Complaint letter from Mr. and Mrs. Ronald E. Soderling regarding loss of sand from their beach at 500 Via lido Nord because the discharge outlet from a city storm drain has become covered with sand and asking for remedial action. Referred to the Transportation Affairs Committee, Traffic letter from Newport Equity Funds regarding allegedly dangerous traffic patterns in Newport Center. Referred to staff for inclusion in ongoing study, Tracts letters opposing Tracts 8680, 8681 and 8682 from Harry 8680, 8681 • A. Leslie, Dr. and Mrs. Wm. Fleischman, Mary Reinhold, & 8682 Babs A. Hawkins and N. R. and Dorothy M. Saunders and Volume 29 - Page 41 COUNCILMEN P B Pc��SOO�� ZPmyPPm�o P T y Z S a P ROLL CALL tD s N 2 A t� February 24 1975 MINUTES INDEX copies of letters addressed to the Planning Commission opposing Tracts 8680, 8681 and 8682 from J. Bender and Genevieve N. Moore, James Callison, Mr. and Mrs. Victor V. Bailey, Mr. and Mrs. Boltwood E. Dodson, John and Bobbi O'Lexey, Harold B. Byron, Wiley J. Stroube, Jr., Ingrid R. Jensen, C. Granniss and Ruth N. Bonner, B. Reinhold, Jr., E. Halitski and Margaret Stroube. Referred to Parks, Beaches and Recreation Department, Tennis letter from Leroy Rose S Associates regarding con- Court struction of the proposed Tennis Complex Project. Program Referred to Bicycle Trails CitizeAs Advisory Committee, Bicycle letter from The Beacon staff enclosing an article on Trails the bicycle trails in the Newport Beach -Costa Mesa area and expressing their desire for more progress on the adoption of bicycle routes in the future. Referred to Pending Legislation Committee, resolution So Coast of Seal Beach opposing the proposed powers, funding Regional and government element of the South Coast Regional Comsn Coastline Commission. Referred to Pending Legislation Committee, resolution CETA of Sonoma requesting support for S.B. 312 which tempo - rarily waives the PERS requirements for the CETA Title II and Title VI program. Referred to staff for report back, letter from Brian Complaint Cokas appealing the City's charge of $78.34 for replacement of a tree damaged in an accident. 4. The following communications were referred to the City Clerk for filing and inclusion in the records: Letter from SPON giving reasons which they feel sub- stantiate a need for the moratorium on permits on undeveloped acreage. Memoranda dated January 31 and February 14 from the Legislative Liaison Advisory Committee of Intergovern- mental Coordinating Council listing resolutions on file and available per the ICC Resolution Service. Letter from Mayor of Placentia suggesting consideration of alternates to the Briggs bill. Copy of a letter from the Executive Officer of the Local Agency Formation Commission to the Commission recommending approval of proposed annexation to the City of Newport Beach designated Harbor View Hills, Sector IV Annexation, subject to conditions. Letter from State Solid Waste Management Board at- taching a copy of "Notice of Public Hearing on Proposed Additions and Changes in the Regulations of the State • Solid Waste Management Board" along with a copy of the proposed additional regulations and the changes. Volume 29 - Page 42 ROL WE COUNCILMEN P m PO O p 3 1 yP N F PO �A yy F Pte O MINUTES .L CALL w ^ 9� N y APF February 24, 1975 JDEX Invitation from The Citizens Committee of California, Inc. to Council to attend a meeting on March 8, 1975. Letter from State Controller showing amounts estimated to be paid to Newport Beach as its apportioned share from the following sources based on a population figure of'58,300: Motor Vehicle License Fees ( "In- Lieu") - $514,068; Highway Users Taxes 112106 - $293,631, 112107 - $263,642 and #2107.5 - $7,500. Agenda of Board of Supervisors meetings held February 11, 13, 18 and 19. Letter to Mayor McInnis from Senator Cranston advising Coast Hwy that he has requested the desired information from the Bridge Coast Guard relative to the replacement of the Pacific Coast Highway bridge over Newport Harbor. Copy received by Mayor McInnis of a letter from the Bicycle County Harbors, Beaches and Parks District Acting. Trails Director to the Director of the District submitting a status report on the City's inquiry as to the feasi- bility of developing a bicycle trail through Newport Dunes as a substitute for a stretch of trail along Pacific Coast Highway, 5. The following claims were denied, and the City Clerk's Claims referral to the insurance carrier was confirmed: Claim of Harold M. Zinn alleging that the trash col- Zinn lector picked up his metal receptacle along with the trash on January 14 or January 17, 1975. Claim of Donald K. Dressler for property damage to his Dressler boat allegedly caused by an overspray of paint when City forces painted the Balboa Island Bridge on February 17, 1975. 6. The following request for Leave to Present Late Claim Claims was denied: Request of Stanley B. Hirschberg for Leave to Present Hirschberg Late Claim; for Claim for Damages for loss of pay and benefits, damage to his reputation and future employ- ment, etc. allegedly caused by his discharge from the City of Newport Beach on November 1, 1974. 7. The work on the 1973 -74 Slurry Seal Program (Contract Slurry No. 1591) was accepted; and the City Clerk was author- Seal ized to file a Notice of Completion and to release the Program bonds 35 days after Notice of Completion has been filed. (A report from the Public Works Director was presented.) 8. The following maintenance dredging harbor permits were Harbor approved, subject to the conditions of approval under Permits/ • Dredging Volume 29 - Page 43 ROLL CA u M ILMEN CITY OF NEWPORT BEACJ MINUTES the Blanket Maintenance Dredging Permit issued by the U.S. Army Corps of Engineers: 11108 -2130, Wilfred i Von der Abe, 2130 E. Balboa Boulevard; 11108 -2124, Byron Farwell, 2124 E. Balboa Boulevard; and 11130 -2702, Charles Mottl, 2702 Bayshore Drive. (A report from the Marine Department was presented.) The following Budget Amendments were approved: BA -50, $11,000 increase in Budget Appropriations and decrease in Unappropriated Surplus for installation of a 16 -inch water main along the easterly side of Jam- boree Road from Camelback Street to Eastbluff Drive (North), from Unappropriated Surplus, Water Fund to Water Main /Jamboree Road, Water Fund. BA -51, $15,300 transfer of Budget Appropriations, bi a transfer of savings from purchase of pumper truck and minor refurbishing and furnishings at all Fire Stations and replacement of equipment damaged in Mariners Mile fire from Building Excise Tax Fund to Fire Department, General Fund. BA -52, $28,000 transfer of Budget Appropriations for sewer construction work - Bayside Drive Improvements from Unappropriated Contingency Reserve to Annual Pump Station Program, General Fund. BA -53, $12,000 increase in Budget Appropriations and a decrease in Unappropriated Surplus for water main construction - Bayside Drive Improvements. BA -54, $1,155 increase in Budget Appropriations and a decrease in Unappropriated Surplus for purchase of desk, typewriter shelf, typewriter and chair for CETA employee from Unappropriated Surplus to Office Equip- ment, General Fund. 10. The expense account of Mayor Pro Tem Dostal for atten- dance and for conducting Board of Directors and Legis- lation Committee meetings of NOISE in Scottsdale, Arizona, February 5 -9, 1975, was approved. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A proposed ordinance, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 20.60 TO THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE CONTROL AND REGULATION OF SIGNS AND DELETING AND AMENDING CERTAIN SECTIONS OF TITLE 20 RELATING TO SIGNS, was presented with a report from the Community Develop- ment Department. The proposed sign ordinance was tabled; and the staff was directed to prepare a recodification of the Volume 29 - Page 44 INDEX Sign Code COUNCILMEN A m ROLL CALL mN * At i4m1Z A� Fehrnary 24. 1975 k, MINUTES INDEX existing sign requirements in the Newport Beach Municipal Code and to compile the input from the community for comparison with the proposed ordinance. 2. A letter from Los Angeles Supervisor Pete Schabarum SCAG regarding the proposed transformation of SCAG into a statutory agency with mandatory membership for all cities and counties was presented. Motion Councilman Rogers made a motion to adopt Resolution R -8447 No. 8447 opposing any legislation which will statu- torily create the Southern California Association of Governments (SCAG) and mandate membership; and to direct the Mayor to write a letter to SCAG stating the City's support of the Los Angeles County Board of Supervisors' position which is against making SCAG a statutory agency and against the addition of any new powers or functions. Councilman Ryckoff asked that the motion be amended to direct the staff to send copies of the resolution to the City's Legislative Advocate in Sacramento and to the Intergovernmental Coordinating Council, which amendment was accepted by the maker of the motion. Ayes I x x x x x A vote was taken on Councilman Rogers' amended motion, which motion carried. 3. An exerpt from the Minutes of the Board of Supervisors' OrCo meeting of February 4 indicating that action was Airport deferred on the request for the Federal Aviation Ad= ministration to authorize a preferential runway use program at Orange County Airport was presented. Motion x The Mayor was directed to write a letter to the State Ayes K x x x x x N Aeronautical Board opposing the request for the Federal Aviation Administration to authorize a preferential runway use program at Orange County Airport and op- posing the preparation of an Environmental Impact Report by the Federal Aviation Administration. 4. The application of Air California before the Public AirCal Utilities Commission for a certificate of public con- venience and necessity to operate as a passenger air carrier between Los Angeles, San Jose and Lake Tahoe was presented. Motion x The Mayor and City Attorney were authorized to appear Ayes x x x x x in the City's behalf in opposition to subject legis- Abstain' K lation. 5. A report from Mestyanek & Mestyanek, the City's PB &R auditors, regarding the revenue collection procedures Audit of the Parks, Beaches and Recreation Department was presented. Motion x The staff was directed to implement the procedures �s K x x x x x 7 recommended by the auditors with the exception of a separate collection of tennis court lighting revenues; and the staff was directed to report back to the Council after the procedures have been implemented. Volume 29 - Page 45 COUNCILMEN -A C m 'A��oyO �a Zy�`9A.At��o ROLL CALL • Motion Ayes Motion Ayes Motion Ayes 0 Motion Ayes Motion Ayes CITY OF NEWPORT BEACH MINUTES P� *9� NSy aym February 24, 1975 6. A report was presented from the Community Development Department regarding the Public Safety Element of the I General Plan. The Public Safety Element of the Newport Beach General Plan and the certification of the Environmental x Impact Report were set for public hearing on March 10, x x x x x 1975. ADDITIONAL BUSINESS: 1. The following portion of proposed Amendment No. 23 to the Newport Beach General Plan was set for public I x x x x x hearing on March 10, 1975: An amendment to the Circulation Element as it pertains to recommended improvements for Pacific Coast Highway between Newport Boulevard and Dover Drive (the area commonly referred to as Mariners Mile). 2. A report was presented from the American Legion Lease I ad hoc Committee regarding the request of Post 291 1 for a twenty -five year extension to their present 1 lease at 15th Street and Bay Avenue. x The City Attorney was directed to prepare the proposed x x x x 7 lease agreement with the American Legion Post 291, in accordance with the recommendations of the American Legion Lease Committee, for Council's consideration on March 10; the Parks, Beaches and Recreation Commission was directed to prepare the conceptual plans for an Acquatic Center adjacent to the loased premises; and the City Manager was directed to prepare and process a Negative Declaration. 3. The Mayor was directed to write a letter to Senator x x x x x N Carpenter advising him of the City's support of Senate Bill 368 which would transfer part of the money re- ceived in settlement of the Santa Barbara oil blowout litigation to the Fish and Game Department for the acquisition of the Upper Newport Bay property for a wildlife sanctuary. x The meeting was adjourned at 8:51 P.M. x x x x yor FRar,&� ATTEST: Ci C e Volume 29 - Page 46 INDEX general 'lan ;eneral 'lan Lmerican .egion lost 291 Jpper 4awport Bay