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HomeMy WebLinkAbout03/10/1975 - Regular MeetingROLL CALL P] Al 4 A, Al M1 A A' M A A I COUNCILMEN CITY OF NEWPORT BEACH MINUTES REGULAR COUNCIL MEETING v Place: Council Chambers Flo VN Time: 7:30 P.M. T� y A r m Am Date: March 10, 1975 INDEX esent K x x x X I Roll Call. ,sent x lion x The reading of the Minutes of the Regular Meeting of res x x x x y February 24, 1975 was waived, and said Minutes wore isent x approved as written and ordered filed. )tion x The reading in full of all ordinances and resolutions ies x x x x Y under consideration was waived, and the City Clerk )sent x was directed to read by titles only. HEARINGS: 1. Mayor McInnis opened the continued public hearing Seal's in accordance with Section 5.14.150 of the Ambulance Newport Beach Municipal Code for the purpose of determining whether ambulance rate schedules for Seal's Ambulance. Service should be changed to increase their base rate and mileage rate. A letter from Seal's Ambulance stating they wish to withdraw their request for rate increases at the present time was presented. otion x The hearing was discontinued, and the matter was yes x x x x N I tabled. bsent x 2. Mayor McInnis opened the public hearing regarding Corporate proposed Ordinance No. 1596, being, Plaza PC Plan AN ORDINANCE OF THE CITY OF NEWPORT BEACH ESTAB- LISHING THE PLANNED COMMUNITY DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS FOR THE "CORPORATE PLAZA" PLANNED COMMUNITY IN NEWPORT CENTER, Planning Commission Amendment No. 434, on a portion of Block 93, Irvine's Subdivision, bounded by Pacific Coast Highway, Newport Center Drive, Farallon Drive and the future extension of Avocado Avenue, zoned PC; and certification of the Environmental Impact Report. A letter from The Irvine Company requesting that the public hearing regarding Corporate Plaza be continued to March 24, 1975 was presented. lotion x The hearing was continued to March 24, 1975. Lyes x x x x N 11 ,bsent x 3. Mayor McInnis opened the public hearing to consider General the following portion of proposed Amendment No. 23 to Plan the Newport Beach General Plan: an amendment to the Circulation Element as it pertains to recommended improvements for Coast Highway between Newport Boule- vard and Dover Drive (the area commonly referred to as Mariners Mile). A report from the Community Development Department was presented. Letters were received after the agenda was printed from Donald Haskell opposing the widening of Coast Volume 29 - Page 47 COUNCILMEN 'A 6 OC 3.O� ;:L�G9� ROLL CALL u+� yr NSZ'N kvk CITY OF NEWPORT BEACH March 10. 1975 MINUTES INDEX Highway from Dover westerly to the Arches bridge and • from the Rusty Pelican and Ancient Mariner restaurants opposing the elimination of all street parking on the Pacific Coast Highway between Dover Drive and the Arches. The following people addressed the Council opposing the proposed amendment: Mildred Wells; Theo Robbins, Jr.; Gregory Dumas, representing United California Bank; Susan Cuse and Dan Daniels. City Engineer Ben Nolan gave a brief staff report. Motion K The hearing was closed after it was determined no one Ayes K x x x x N else desired to be heard. Absent x Resolution No. 8448, amending the Circulation Element R -8448 of the General Plan (Amendment No. 23 - Pacific Coast Motion N Highway from the Arches Bridge to the intersection Ayes K x x x x N with Dover Drive); commonly known as Mariners Mile, Absent x was adopted. 4. Mayor McInnis opened the public hearing regarding the General Plan Public Safety Element of the Newport Beach General Plan; and the certification of the Environmental Impact Report. • A report from the Community Development Department was presented. Motion x The hearing was closed after it was determined that no Ayes x x x x N one desired to be heard. Absent x Motion K Resolution No. 8449, adopting the Public Safety Element R -8449 Ayes K x x x x N of the Newport Beach General Plan, was adopted. Absent x ORDINANCES FOR ADOPTION: 1. Ordinance No. 1602, being, Marine Dept AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING PORTIONS OF TITLES 1, 2, AND 17 OF THE NEWPORT BEACH MUNICIPAL CODE TO REFER TO THE MARINE DEPARTMENT AND MARINE DIRECTOR IN PLACE OF MARINE SAFETY DEPARTMENT AND HARBOR. AND TIDELANDS ADMINISTRATOR, was presented for second reading. Motion K Ordinance No. 1602 was adopted. Ayes K x x x x Absent x CONTINUED BUSINESS: 1. Resolution No. 8450, authorizing the Mayor and City American Clerk to execute a lease agreement between the City Legion of Newport Beach and Newport Harbor Post No. 291 of Post 291 the American Legion, was presented. Volume 29 - Page 48 COUNCILMEN pa m o p u+ 9 m�o�a�ZmFo ROLL CALL r v� U+SZ apF r P N A N A A r E CITY OF NEWPORT BEACH Mnrrh In_ 1Q79 MINUTES INDEX 8450 .cen- tennial .tizens lv Cmte .ley tving .k 331 'fshore L1 tilling arbor armit )licies A Negative Declaration prepared by the City Manager was presented. The following people addressed the Council in support of the proposed lease agreement: Don Donaldson, President of American Legion Post No. 291; Judy Franko;and William F. Johnson, President of the Central Newport Community Association. Parks, Beaches and Recreation Commissioner Evelyn Hart addressed the Council asking that the lease agreement be referred to the Commission for review. Councilman Kuehn made a motion that the matter be referred to the Parks, Beaches and Recreation Com- mission and returned to Council for decision on March 24. Councilman Rogers made a substitute motion to adopt R• Resolution No. 8450, which motion carried; and Reso- lution No. 8450, authorizing the Mayor and City Clerk otion to execute a lease agreement between the City of yes x x x I Newport Beach and Newport Harbor Post No. 291 of the oes x American Legion, was adopted. bsent x 2. It was agreed to continue the Bicentennial Citizens B: Advisory Committee appointment to March 24. C: CURRENT BUSINESS: At R1. A report was presented from the Public Works Director A: regarding a request to pave the entire alley in Block P; 331, Lancaster's Addition (block bounded by 30th B: Street, 31st Street, Villa Way and Newport Boulevard), including the eight most easterly lots previously ordered to be constructed. otion x The staff was directed to notify all owners of property yes K x x x in Block 331 of Lancaster's Addition, including those . bsent x owners of the eight most easterly lots previously notified, to construct a Portland cement concrete alley adjacent to their property, using the procedure of Chapter 27 of the Improvement Act of 1911. 2. A report from the City Attorney to the City Clerk 0. regarding a proposed letter to President Ford regarding 0. offshore oil leasing was presented with a copy of a D'. letter from the Mayor of Los Angeles requesting the City Council to approve a state -wide position statement on oil development and a draft statement to the President of the United States. The draft statement to the President of the United States signed by Senators Cranston and Tunney and by lotion x Mayor Bradley of Los Angeles was approved, and the ,yes K x x x x N City Attorney was directed to notify Mayor Bradley's bsent x office of the Council's position. 3. A report was presented from the Marine Department H regarding an addition to the Harbor Permit Policies. P' P Volume 29 - Page 49 INDEX 8450 .cen- tennial .tizens lv Cmte .ley tving .k 331 'fshore L1 tilling arbor armit )licies COUNCILMEN P o m F�10 ��A ZSFylpVh 2 ROLL CALL SN i�9� 0+12 apF Mo Ay Mc Ay Ab I I L CITY OF NEWPORT BEACH March 10. 1975 MINUTES INDEX tion x Council Policy H -1, "Harbor Permit Policies," Section es x x x x x Y 4, was amended to permit the City to charge a fee for �nt x private use of public tidelands. CONSENT CALENDAR: tion x The following items were approved by one motion affirming es X x x x x N the actions on the Consent Calendar: sent x 1. RESOLUTIONS FOR ADOPTION: Resolution No. 8451 awarding a contract to Blair Npt Blvd Paving, Inc. for street resurfacing, Newport Boulevard Resurfacii from 30th Street to 21st Street, Contract No. 1682. R -8451 (A report from the Public Works Director was presented.)! Resolution No. 8452 accepting a Grant Deed from Newport Thomas Horn, Paul Balalis and Charles Pigneri in Shores connection with property in the West Newport area to R -8452 be used for street and alley purposes, located on the northeasterly side of West Coast Highway northwesterly of Cedar Street; in conformance with the Newport Shores Specific Plan. (A report from the Public Works Director was presented.) Resolution No. 8453 authorizing the Mayor and City Resub 469 Clerk to execute a subdivision agreement between the Npt Harbo City of Newport Beach and Newport Harbor Chamber of C of C Commerce in connection with Resubdivision No. 469; R -8453 guaranteeing completion of the public improvements, located at the southeasterly corner of Jamboree Road and Santa Barbara Drive. (A report from the Public Works Director was presented.) Resolution No. 8454 supporting the effort of the Kern Natl County Veteran Affairs Council for the establishment Cemetery of a National Cemetery in the County of Kern. (Letters R -8454 from the City of Bakersfield and the County of River- side were presented.) 2. The following communications were referred as in- dicated: Referred to Library Board, letter to Mayor McInnis Library from Parent Teacher Association of Roy 0. Andersen Elementary School requesting expanded and /or additional library facilities and /or longer hours in the existing facility to service the east side of Newport Bay. Refer to Traffic Affairs Committee, letter from Phil Npt Blvd Tozer regarding traffic signals on Newport Boulevard Traffic in the old business section of Newport Beach in con- Signals nection with the traffic problem. Refer to Traffic Affairs Committee, letter from M. A. Traffic Richley, Jr. regarding a traffic hazard in connection Complaint with proposed installation of large flower pots in the middle of Via Lido Soud. Volume 29 - Page 50 ig RO COUNCILMEN CITY OF NEWPORT BEACH 0 CALL Po o� Z �V� a March 10 1975 MINUTES INDEX Referred to Pending Legislation Committee, resolution Social of Westminster requesting the earnings limitation Security • under Social Security be repealed. Earnings Referred to staff for inclusion in ongoing study, Tracts 8680, letter from Raub, Bein, Frost & Associates questioning 8681 & 8682 the Draft Environmental Impact Reports on Tentative Tract 8680 and Tentative Tracts 8681 and 8682. Referred to staff for inclusion in ongoing study, Sign Code letter from Edward P. Benson urging a strong sign control ordinance. 3. The following communications were referred to the City Clerk for filing and inclusion in the records: Copy of a letter sent to the Secretary of the Interior Rogers C. B. Morton by the City of Los Angeles ex- pressing concern over release of the Southern Cali- fornia E.I.S. before the completion of the nationwide expanded O.C.S. development program. Letter to Mayor McInnis from Dover Shores Community Association expressing thanks for concern regarding the Polaris Drive "problem properties ". Letter to Mayor McInnis from Boy Scout Troop 330 Com- mittee thanking the Mayor and staff for support of • their 1974 LIVING Christmas tree campaign. Letter to City Clerk from Martin F. O'Toole on behalf of the Cub Scouts of Pack 79 expressing thanks for the opportunity to attend the Council meeting on February 24 to see city government in action. Letter from Assemblyman Badham acknowledging Reso- lution No. 8438 expressing opposition to Senate Bill 275 and stating his agreement with the views of the Council and that he will vote accordingly. Letter to Mayor McInnis from West Newport Beach Improvement Association supporting the original proposal for the Sign Ordinance. Copy of letter to Fire Chief Love from West Newport Beach Improvement Association protesting the lack of a West Newport Christmas tree burn site. Copy of letter to Parks, Beaches and Recreation Com- mission from the West Newport Beach Improvement Association expressing its total support of the concept of the proposed P. E. Right -of -Way. Notice to Mayors from the Orange County Division of League of California Cities advising of special meeting of City Selection Committee on April 10 to select one city member and one city alternate to the • Local Agency Formation Commission. Volume 29 - Page 51 COUNCILMEN A m �� O oNa 22 F9p�0 0 ROLL CALL N T9C @12 NAO 4 Ad March 10. 1975 MINUTES INDEX Copy of a letter to The Irvine Company from Save Open ' Spaces Committee asking for a meeting to discuss means to retain the three "high- rise" building sites in the bluffs area as open spaces. Notice from Local Agency Formation Commission of hearing on March 12 regarding proposed annexation to Costa Mesa Park and Recreation District designated Paularino Bear Annexation, located immediately easterly of Bear Street from Gisler Avenue to 330 feet southerly of Paularino Avenue. Notice from Local Agency Formation Commission of hearing on March 12 regarding.prbposed annexation to Costa Mesa Sanitary District designated Engineer's No. 154 Annexation, located west of Ludington, south of San Diego Freeway and north of Paularino Avenue. Memorandum from the Intergovernmental Coordinating Council Resolution Service listing resolutions received since February 14, 1975. Notice of public hearing before the Public Utilities Commission in the matter of application of Southern California Gas Company for a rate increase. Notice from Pacific Telephone and Telegraph Company of filing application for increases for intrastate ' telephone rates. Decision before the Public Utilities Commission regarding application of Air California to operate between Los Angeles, San Jose and Lake Tahoe. Resolution of Irvine opposing the Element of Powers, Funding and Government of the South Coast Regional Coastal Commission. Resolution of Placentia requesting that Orange County Division of League of California Cities demand that our state and federal elected representatives take immediate positive action to deal with the problem of the presence of the illegal alien in this country. Resolution of Seal Beach opposing transformation of the Southern California Association of Governments (SLAG) into a statutory agency. Copy of an excerpt from the minutes of the regular meeting of the City Council of Orange in connection with Newport Beach resolution expressing its opposition to Senate Bill 275, "Collective Bargaining Act for Public Employment," and referring the resolution to the City Attorney of the City of Orange to prepare a similar resolution. Resolutions from the cities of Orange, Lynwood and Seal Beach opposing Senate Bill 275. Volume 29 - Page 52 COUNCILMEN G Ok o ROLL CALL T 9� Npp m March 10. 1975 is MINUTES IM 1 Letter from California Water Resources Association with copy of news release opposing the so- called • "Nuclear Initiative" petition being circulated through- out the State seeking to qualify the measure for the June, 1976 ballot. Agenda of Board of Supervisors meetings held Febru- ary 25, 26, March 4 and 5, 1975. 4. The following claims were denied, and the City Clerk's Claims referral to the insurance carrier was confirmed: Claim of Stephen G. Krieger for property damage to Krieger his vehicle allegedly caused by a collision with a City vehicle on Via Lido Nord near Via Antibes on December 6, 1974. Claim of Emily R. Cameron for personal injury to Cameron nose, head and knee allegedly, caused by a fall over a raised portion in the sidewalk in front of 123 Via Jucar on February 23, 1975. 1 Claim of Gloria M. Wallace for property damage to her Wallace vehicle allegedly caused by a City maintenance vehicle hitting her parked car on February 7, 1975 at 60011 Iris Avenue, Corona del Mar. Claim of Normagene Shamrell for personal injuries to Shamrell her foot and ankle as a result of her tripping-over • an alleged patch in the street in front of the East Bluff Boys Club on December 20, 1974. Claim of Deborah Ann Mikkelson for property damage to Mikkelson her vehicle when it was allegedly struck by a City vehicle on February 11, 1975 on Fifth Avenue between Dahlia and Fernleaf in Corona del Mar. Claim of Shelly Pittleman for property damage to his Pittleman vehicle allegedly caused by a broken City water line which flooded the interior of his car at 119 E. Balboa on February 27, 1975. 5. The City Attorney's referral of the following claim Claim to the County Counsel was confirmed, and the County Counsel was authorized to appear and defend the interest of the City of Newport Beach in this pro- ceeding: Summons and Complaint of Gordon C. Vaughn for refund Vaughn of taxes paid under protest. 6. The following matters were set for public hearing on March 24, 1975: General Plan Amendment No. 19, an amendment to the General • Land Use and Residential Growth Elements to change the land use designation of the lot at 809 East Bay Plan Avenue (in Central Balboa) from "Retail and Service Commercial" to "Two- Family Residential." (A report from the Community Development Department was presented) Volume 29 - Page 53 iLe R COUNCILMEN MINUTES Z L CALL N y zp March 10 1975 INDEX General Plan Amendment No. 23, an amendment to the General Circulation Element as it pertains to recommended Plan • improvements for Pacific Coast Highway between the Upper Bay Bridge and MacArthur Boulevard, including the MacArthur Boulevard and Avocado Avenue inter- sections. (A report from the Community Development Department was presented.) (Letters from Peter Weisbrod opposing the widening and conversion of Coast Highway through Corona del Mar and into a "speed through way," from George Watson opposing restriction of parking on the Coast Highway in Corona del Mar, from Charles and DeeDee Masters opposing restriction or elimination of parking on Pacific Coast Highway and against the creation of a six -lane highway in Corona del Mar and from Alan Blum regarding traffic on the Coast Highway in relation to high density were presented.) 7. The public improvements constructed in conjunction Tract 780( with Tract No. 7800, located southeasterly of Ford Road and Jamboree Road in the Big Canyon Planned Community were accepted; and the City Clerk was authorized to release Faithful Performance Bond No. H39389 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. 8. An Equal Employment Opportunity Statement of Assur- Civil ances for Federal -Aid Highway Projects was approved, Rights and the Mayor and City Clerk were authorized to Act execute the document on behalf of the City. (A �$1) report from the Public Works Director was presented.) 9. The plans and specifications for a Bicycle Trail on Bicycle Coast Highway from Riverside Avenue to The Arches, Trails Contract No. 1695, were approved; and the City Clerk was authorized to advertise for bids to be opened at 2:00 P.M. on March 31, 1975. (A report from the Public Works Director was presented.) 10. The plans and specifications for Irvine Avenue Irvine 2.v Resurfacing from Westcliff Drive to Santiago Drive, Resurf?r; Contract No. 1694, were approved; and the City Clerk was authorized to advertise for bids to be opened at 10:30 A.M. on April 1, 1975. (A report from the Public Works Director was presented.) 11. The following maintenance dredging harbor permits Harbor were approved, subject to the conditions of approval Permits under the Blanket Maintenance Dredging Permit issued by the U. S. Army Corps of Engineers: 11112 -407, Robert Schrimmer, 407 E. Edgewater; 11259 -140, Arthur Vitarelli, 140 S. Bayfront; 11109 -1318, Jane Stockwell, 1318 E. Balboa Boulevard; and permits for the City of Newport Beach for the following street ends: "E" Street, "F" Street, "D" Street, Buena Vista Street . and Adams Street on the Balboa Peninsula; and the north end of Via Koron and the south end of Via Fermo on Lido Isle. (A report from the Marine Department was presented.) Volume 29 - Page 54 RCLI 4 L COUNCILMEN \F oc��?�m9pp�,No MINUTES CALL �AN�s�9��in�12�A'%� March 10 1975 INDEX 12. The proposed budget objectives for the fiscal year 1975 -76 1975 -76 were approved. (A report from the Budget Budget ' Policy Committee was presented.) 13. The following Budget Amendments were approved: BA -55, $3,845 transfer of Budget Appropriations for replacement of a 1972 Marine Jeep which is not operable due to an accident from Unappropriated Contingency Reserve to Marine, Rolling Equipment, General Fund. (A report from the City Manager was presented.) BA -56, $5,800 transfer of Budget Appropriations for dredging of bay channels at certain City street ends from Unappropriated Surplus to General Services, Services - Prof., Tech, Etc., General Fund. (A report from the City was presented.) BA -57, $450,000 increase in Budget Appropriations and decrease in Unappropriated Surplus for loan to General Fund from Future Water Sources Reserve to acquire two state right -of -way parcels in Corona del Mar (payment of $300,000 to be made in 1975 -76 and $150,000 in 1976 -77), to Parks, Parkways, etc., Acquisition State R /W- Corona del Mar, General Fund. BA -58, $1,593 increase in Budget Appropriations and an increase in Revenue Estimates for construction of street pavement and curb and gutter on the east side ' of 26th Street between Newport Boulevard and the Bay (property owner to reimburse the City) from Donations and Contributions to Unappropriated Surplus to Annual Street and Alley Program, General Fund. BA -59, $3,590 increase in Budget Appropriations and an increase in Revenue Estimates for funds to cover CETA employees from Federal Grants to Unappropriated Surplus, Retirement Fund and to Retirement- Contri- butions, General Fund. BA -60, $81,770 increase in Budget Appropriations, $75,120 increase in Federal Grants and $6,650 decrease in Unappropriated Surplus for funds to cover CETA employees from Federal Grants to Unappropriated Surplus, General Fund to various departments, Salaries, General Fund. BA -61, $5,995 increase in Budget Appropriations and an increase in Revenue Estimates for funds to cover CETA employees from Federal Grants to Unappropriated Surplus, Library Fund to Salaries, Health and Life Insurance, Library Fund. BA -62, $3,200 increase in Budget Appropriations and an increase in Revenue Estimates for funds to cover CETA employees from Federal Grants to Unappropriated Surplus, Park and Recreation Fund to Park and Recre- ation-Administration, Salaries, Grant, Health and Life Insurance, Parks and Recreation Fund. Volume 29 - Page 55 •' i COUNCILMEN MINUTES � o � Z ROLL CALL N T9f Ns% o• .m o A� F March 10, 1975 INDEX ITEMS REMOVED FROM THE CONSENT CALENDAR: • 1. A report was presented from the Marine Department re- Harbor garding the application of JJAK Corporation for Harbor Permit/ Permit #124 -3300 to construct a commercial marina at JJAK 3300 Via Lido. Councilman Barrett stepped down from the Council table due to a possible personal conflict. Morion K Harbor Permit #124 -3300 was approved, subject to the Ayes K x x x x x conditions recommended by staff. Absent x Councilman Barrett resumed his seat at the Council table. ADDITIONAL BUSINESS: 1. Mayor Pro Tem Dostal gave a verbal report regarding a Downcoast conceptual downcoast transportation study prepared Cirrut_at;•= by the Intercity Committee, consisting of the cities Plan of Irvine, Laguna Beach and Newport Beach, as a pro- posed alternative to the Circulation Element for the downcoast area. Motion x The concept, as proposed by the Intercity Committee, Ayes x x x x Y was endorsed for study and evaluation by TICMAP and Absent x the southeastern Orange County Circulation Study Com- mittee as an alternative to the Circulation Plan for the Coastal area between the cities of Irvine, New- port Beach and Laguna Beach as set forth in that particular Plan, marked Exhibit "A "; and it was directed that the City urge the State of California, the County of Orange, the Orange County Transit District, the cities of Irvine and Laguna Beach and the landowner to consider a Transportation Element for that area that will minimize the traffic and environ- mental impact on the cities of Irvine, Laguna Beach and Newport Beach. 2. A report from the Lido Isle Lease Committee was pre- Lido Isle sented with the Mawhinney & Associates, Inc. appraisal Lease report covering beach properties on Lido Isle leased by the City of Newport Beach to the Lido Isle Com- munity Association. Motion The City Attorney was directed to prepare the lease Ayes x x x x Y document for formal presentation to the City Council Absent x and the Lido Isle Community Association; and the City Manager was directed to prepare and process a Negative Declaration for the lease. 3. A letter addressed to Mayor McInnis from the Inter- ICC governmental Coordinating Council of Orange County Budget enclosing a copy of their proposed budget for the fiscal year 1975 -76 was presented for the Council's consideration. Volume 29 - Page 56 .6 COUNCILMEN � m o� o o�� i �mppm�0 Z CALL * ➢C N=Z aim f4"n1outIMLO -1 MINUTES INDEX Sampson Commen- dation R -8455 CETA R -8456 The Intergovernmental Coordinating Council's budget for the fiscal year 1975 -76, as submitted by the ICC It on x ad hoc Budget Committee, was endorsed; and the City x x x Manager was directed to place the estimated amount Noes x x of $3200 in the City's 1975 -76 fiscal year budget Absent x and to advise ICC of the Council's action. Motion x 4. Resolution No. 8455, commending A. Kenneth Sampson on Ayes K x x x x X retirement from the Orange County Harbors, Beaches Absent x and Park Department, was adopted. 5. Resolution No. 8456, making assurances relating to public service employment programs and activities funded under Title VI of the Comprehensive Employ- ment and Training Act of 1973, approving the grants Motion x to the City of Newport Beach under said Act and Ayes K x x x x X authorizing the City Manager to execute all necessary Absent x agreements and documents, was adopted. Motion K The meeting was adjourned at 9:25 P.M. Ayes K x x x x Absent x Aq�ror PR® TE%W ATTEST: ty Clerk Volume 29 - Page 57 INDEX Sampson Commen- dation R -8455 CETA R -8456