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HomeMy WebLinkAbout10/25/1977 - Regular MeetingCITY OF NEWPORT BEACH COUNCILMEN MINUTES 9 * v� �G \c Regular Council Meeting c �� 9 m9oFZ $y Place: Council Chambers. �9s9��ATC Time: 7:30 P.M. ROLL CALL Date: October 25,'1977 lftl�rw sent x x x x x x Roll Call.. sent x Motion x The reading of the Minutes of the Regular Meeting of Ayes x x x x x October 11 and of the Adjourned Meeting of October 17, Abstain x 1977 was waived, and said Minutes were approved as Absent x written and ordered filed. Motion x The reading in full of all ordinances and resolutions Ayes x x x x x x under consideration was waived, and the City Clerk was Absent x directed to read by titles only. HEARINGS: Mayor Pro Tem Barrett stepped down from the Council table due to a possible conflict of interest in connection with the next item of business. 1. Mayor Dostal opened the public hearing regarding Coastal Phase I of the Local Coastal Program - Issue Development Identification, consideration of the adoption of 709) an Issue Identification Report to be transmitted to the Coastal Commission for approval as part of the City's total work program for.the Local Coastal Program. A report was presented from the Community Develop- ment Department. • Shirley Knutsen addressed the Council and asked for clarification of some of the items, and Marilyn Hendrickson, Chairman of the Bicycle. Trails Citizens Advisory Committee, emphasized the importance of bicycle trails in the over =all future planning. Motion x The hearing was closed after it was determined Ayes x x x x x that no one else desired to be heard. Absent x x The Issue Identification Report to be transmitted Motion x to the Coastal Commission for approval as part of Ayes x x x x x the City's total work program for the Local Absent x x Coastal Program was approved as amended. Mayor Pro Tem Barrett resumed his seat at the Council table. 2. Mayor Dostal opened the public hearing regarding Sign Code Ordinance No. 1753, being, 0 -1753 (1926) AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 20.06 TO THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE CONTROL AND REGULATION OF SIGNS, AND DELETING AND AMEND- ING CERTAIN SECTIONS OF TITLE 20 RELATING TO SIGNS, • Volume 31 - Page 273 CITY OF NEWPORT BEACH COUNCILMEN 9° �s` y �0 $� c l 9 F� 2 Fps < ROLL CALL \ \ October 25, 1977 MINUTES RR6i:61i Planning Commission Amendment No. 493, a request initiated by the City of Newport Beach. A report was presented from the Community Develop- ment Department. Letters from Newport Harbor Area Chamber of Commerce, Jim Wood, and one signed by several Newport Beach realtors were presented regarding real estate signs. Jacqueline Heather, Chairman of the Planning Commission, addressed the Council and urged adoption of the ordinance. The following people addressed the Council and urged adoption of the ordinance: Glenn Martin read a letter from George B. Vogel III, R. H. Burg and Joe Moreland. The following people addressed the Council and expressed approval of the ordinance except for the real estate signs in residential and com- mercial districts: Dan Rogers, representing the Newport Harbor Area Chamber of Commerce; Richard Strickler and Jim Wood, realtors. Frank Jank addressed the Council and stated he was satisfied with the present sign ordinance. tion � x The hearing was closed after it was determined Yes x x x x x x that no one else desired to be heard. Absent x Motion x Ordinance No. 1753 was amended to reinstate the Ayes x x x x x present provisions for real estate signs in both Noes x commercial and residential districts - removing Absent x the restrictions on advertising messages on commercial real estate signs and permitting no real estate agent signs in residential districts; Ordinance No. 1753 was reintroduced as amended and passed to second reading on November 14, 1977. 3. Mayor Dostal opened the public hearing regarding Ordinance No. 1754, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH Com Dev Dept AMENDING CHAPTER 20.11 OF THE NEWPORT BEACH Procedures MUNICIPAL CODE BY MAKING SAID CHAPTER 0 -1754 APPLICABLE ONLY TO R -1, R -3, AND R -4 DISTRICTS (1376) AND AMENDING CHAPTER 20.15 OF THE NEWPORT BEACH MUNICIPAL CODE BY AMENDING THE DEVELOPMENT STANDARDS IN THE R -2 DISTRICT, Planning Commission Amendment No. 486, a request initiated by the City of Newport Beach. A report was presented from the Community Develop- ment Department. i Volume 31 - Page 274 CITY OF NEWPORT BEACH COUNCILMEN .pcf v oo� Li'(��c � F fi p"A 9 L FS' yy ROLL CALL \ \ October 25, 1977 MINUTES itincv Jerry Hill and Dean Gilbert addressed the Council • and asked for clarification on sections of the ordinance. Motion x The hearing was closed after it was determined that Ayes x x x x x x no one else desired to be heard. Absent x Ordinance No. 1754 was amended to add Item No. 5 to Motion x Section 20.15.070 (C) to read "Tandem parking and Ayes x x x x x x parking in a side yard shall not both be permitted Absent x on the same lot "; Ordinance No. 1754 was reintro- duced as amended and passed to second reading on November 14, 1977. ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1755, being, Water 0 -1755 AN ORDINANCE OF THE CITY OF NEWPORT BEACH (576) AMENDING SECTION 14.16.020 AND ADDING SECTION 14.16.025 AND SECTION 14.16.045 TO THE NEWPORT BEACH MUNICIPAL CODE RELATING TO THE CONSERVA- TION OF WATER, revising existing water waste and emergency regu- lations. Motion x Ordinance No. 1755 was adopted. as x x x x x x sent x CONTINUED BUSINESS: 1. A report was presented from the Public Works Ticonderoga Director regarding 15th Street extension in West Street Newport area, and Ticonderoga Street extension (in (2587)/ connection with the request of the Newport Crest 15th St Homeowners' Association to abandon Ticonderoga Extension Street). (2702) Motion x The extension of 15th Street was approved in con - Ayes x x x x x x cept, the staff was directed to proceed with the Absent x following steps for implementation, and the request of the Newport Crest Homeowners' Associatio for vacation of the existing Ticonderoga Street right -of -way was held in abeyance: (a) Agreement with Grant Company providing for a cash payment of $67,000 to the City. (b) Agreement or agreements with Beeco Ltd., with the owner of the CBS Publications property, and possibly with CBS Publications, providing for dedication of the right -of -way, construc- tion of the street improvements, land for parking replacement, and constructing the parking lot improvements. It is intended that • the agreements not establish any financial obligation by the City for these items. t Volume 31 - Page 275 CITY OF NEWPORT BEACH COUNCILMEN .p 9 0'P ocF y s\ F .y q v 9� 9l OT Sy s I n s ROLL 0611 \ \ October 25, 1977 MINUTES Huncv • (c) Prepare and process resubdivision and parcel map for the land needed for parking replacement. (d) Prepare and process deeds for right -of -way dedication. (e) Complete the street improvement plans. (Most of this work has been done by the developer's engineer.) (f) Prepare parking lot improvement plans. (g) Construct the new parking area and the street improvements. 2. (District 2) Councilman McInnis' appointment of Com Dev a member to the Community Development Citizens CAC Motion x Advisory Committee to fill the unexpired term of (21.27) Ayes x x x x x x Gwendolyn Felton ending December 31, 1977 was Absent x postponed to November 28. 3. A report was presented from the Community Handicapped Development Department regarding the request of Persons the City of Fountain Valley for City cooperation (1476) in establishing standard installations throughout Orange County relative to the installation of parking facilities for the physically handi- capped. *ion x Signs. are to be installed at handicapped parking Ayes x x x x x x spaces warning that illegally parked vehicles Absent x may be towed away. CURRENT BUSINESS: Mayor Pro Tem Barrett stepped down from the Council table due to a possible conflict of interest in connection with the next item of business. 1. A letter from The Irvine Company was presented Annex 84 requesting the Council to proceed with Annexation No. 84 (approximately 0.64 acres located north- easterly of Surrey Drive and northwesterly of Cameo Highlands Drive in the Corona del Mar area). A report was presented from the Community Development Department. A copy of a resolution of the Local Agency Formation Commission was presented with a copy of the minutes of the Commission adopting the Negative Declaration and approving proposed Annexation No. 84. Motion x Resolution No. 9208, approving the annexation to R -9208 s x x x x x the City of Newport Beach of certain uninhabited ent x x territory contiguous to the City (Annexation No. 84), was adopted. Mayor Pro Tem Barrett resumed his seat at the Council table. Volume 31 - Page 276 CITY OF NEWPORT BEACH COUNCILMEN A0 9 00 'P 0 c���9g,,fl��91 TT,Sy �Zis ROLL CALL \ \ October 25. 1977 MINUTES GInC V 2. A report was presented from the Public Works Library • Director regarding the proposed Newport Center (2030) Branch Library, Contract No. 1861. A report was presented from the City Librarian. Motion x All bids were rejected, and the plans were Ayes x x x x x x referred back to the staff for study with the Absent x intention of modifying architectural details to reduce the price of the project and readvertising for bids at the earliest possible date. 3. A report was presented from the Public Works Npt Is Director regarding the Newport Island Channel Bicycle /Ped Bicycle /Pedestrian Bridge, Contract No. 1900. Bridge (379) Marilyn Hendrickson, Chairman of the Bicycle Trails Citizens Advisory Committee, addressed the Council and stated that the bridge has been given the highest priority by their committee. Motion x All of the bids were rejected, and the staff was Ayes x x x x x x directed to work with the architect and con - Absent x tractors to modify architectural details to reduce the price of the project. 4. A report dated October 11, 1977 from the City Rev & Tax Manager was presented regarding the establishment Cmte of a Revenue and Taxation Committee. (2724) tion x The Council confirmed Mayor Dostal's appointments Yes x x x x x x of Councilmen McInnis, Rogers and Kuehn, the Absent x Chairman of the Planning Commission and two other Planning Commissioners to be appointed by the Commission as members of a steering committee to study the establishment of a Revenue and Taxation Committee in concept and to come back with a report whenever they can. 5. A letter to Mayor Dostal from Reginald G. Jones City Arts resigning from the City Arts Commission due to Comsn increasing business obligations was presented. (120F) Motion x Mr. Jones' resignation was accepted with regret, Ayes x x x x x x the City Clerk was directed to prepare a Certifi- Absnet x cate of Appreciation; and the appointment was referred to the Appointments Committee. 6. A report was presented from the City Manager Council regarding changes in the Council Policy Manual. Policy (430F) Motion x The following changes in the Council Policy Ayes x x x x x x Manual as recommended were approved: Absent x (a) Council Policy L -8, "Temporary Banners Extending Over the Public Right -of -Way" was adopted. i Volume 31 - Page 277 CITY OF NEWPORT BEACH COUNCILMEN MINUTES p 'Pv�p9 N�\ clO FZ \�ZZ Ff;C �Z �J ROLL CALL \� October 25, 1977 • (b) Council Policy G-2, "Distribution of Public Relations Material Through the Water Billing System' was amended. (c) Council Policy L -6, "Recording Council Study Sessions" was amended. CONSENT CALENDAR: Motion x The following actions were approved by one motion Ayes x x x x x x affirming the actions on the Consent Calendar: Absent x 1. The following ordinance was introduced and passed to second reading on November 14, 1977: (a) Proposed Ordinance No. 1756, being, AN PERS ORDINANCE OF THE CITY OF NEWPORT BEACH 0 -1756 AUTHORIZING AN AMENDMENT TO THE CONTRACT (617) BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (ADDITIONAL CHOICE TO ELECT THE 1959 SURVIVORS BENEFIT). (A report from the City Manager) 2. The following resolutions were adopted: (a) Resolution No. 9209 awarding a contract to Bayside Goodman and Peloquin, Incorporated in Dr Park connection with the construction of Bayside R -9209 Drive Park, Contract No. 1910. (A report (1971) • from the Public Works Director) (b) Resolution No. 9210 authorizing the Mayor Jamboree/ and City Clerk to execute a Cooperative Birch Financing Agreement between the City of Trfc Sig Irvine and the City of Newport Beach for R -9210 the installation of a traffic signal at (2808) Jamboree Boulevard and Birch Street. (A report from the Public Works Department) (c) Removed from the Consent Calendar. (d) Resolution No. 9211 approving the destruction Record of certain records in the City Clerk's Destruction office. (Attached) R -9211 (1200) 3. The following communications were referred as indicated: (a) To staff for reply, a letter from Dr. City -owned Joseph L. Philbrick stating that he was Property interested in purchasing the City -owned W Bay Av property on West Bay between 18th and 19th (1341) Streets. (Copies mailed to Council) (b) Removed from the Consent Calendar. Volume 31 - Page 278 CITY OF NEWPORT BEACH COUNCILMEN pc4 v o0 A .FC ;n 0 9 F � fC�'l���-A O �Sy �yiiP ROLL CALL \ \ October 25, 1977 MINUTES INnrV (c) To Pending Legislation and Procedural Obscene • Ethics Committee, a resolution of the City Matter of Carson urging the State Legislature to (2240) amend Penal Code 311 relating to the definition of obscene material. (Copies mailed to Council) (d) To Pending Legislation and Procedural SCAG Ethics Committee, a resolution from the (447F) City of Carson requesting equitable repre- sentation for cities and the County of Los Angeles in the Southern California Associa- tion of Governments. (Copies mailed to Council) (e) To Pending Legislation and Procedural SCAG Ethics Committee, a letter stating that the (447F) City of Corona has gone on record as opposing the resolution of the the City of Los Angeles and the County of Los Angeles pertaining to "equitable and fair repre- sentation of Los Angeles County in the Southern California Association of Govern- ments." (Copies mailed to Council) 4. The following communications were referred to the City Clerk for filing and inclusion in the records: (a) A letter from Paul R. Berahya objecting to Council's decision regarding the application of UCI students for a special event on Balboa Island. (Copies mailed to Council) (2190F) (b) A letter from Kathleen McGill complimenting Council for their decision regarding the application of the UCI students for a special event on Balboa Island. (Copies (2190F) mailed to Council) (c) Removed from the Consent Calendar. (d) A letter from NBC Television Stations concerning their efforts to develop a community health screening and education program similar to the program instituted in Washington, D.C. in cooperation with the National Health Screening Council. (Copies (20) mailed to Council) (e) A request from the City of Montebello for signatures to an initiative petition regarding the prohibition of strikes by public employees. (Copies mailed to Council) (436) (f) A resolution from the City of Yorba Linda supporting the redistribution of sales tax revenues on a "Fair Share" basis. (1755) • i Volume 31 - Page 279 CITY OF NEWPORT BEACH COUNCILMEN MINUTES tp 15 i tnP� 9�PF'A p�� .�, �yitt ROLL CALL \\ \ October 25, 1977 itincY (g) A letter to Mayor Dostal from Supervisor • Riley advising that the bike trail project along San Diego Creek was approved by the Board of Supervisors. (Copies mailed to (2800) Council) (h) A resolution of the Local Agency Formation Commission approving Annexation No. 85, the "Field Trust" annexation, to the City of Newport Beach, located southwesterly of (25F) Whittier Avenue and 16th Street extended. (Copies mailed to Council) (i) A letter from the Local Agency Formation Commission explaining that AB 1533 has been signed into law and that it repeals certain chapters of the Government Code relating to cities and enacts a Municipal Organization Act regarding municipal incorporations, reorganizations or changes of organization. (2292) (Copies mailed to Council) (j) A letter from the Orange County Health Planning Council regarding the public hearing on the components of the 1978 Health Systems Plan. (Copies mailed to (789) . Council) (k) A letter from the Department of Motor Vehicles stating they need volunteers on • public service panels to assist the DMV in particular and the government in general to become more efficient and sensitive to the needs of the communities that they serve. (2561) (Copies mailed to Council) (1) A letter from Senator Hayakawa regarding the filibuster in the United States Senate in regard to natural gas pricing. (Copies (20) mailed to Council) (m) A Notice that with the passage of Assembly Bill 402, the State Transportation Board will not be responsible for the designation of specific routes of Statewide significance after February 1, 1978; and that the new California Transportation Commission will have the authority to deviate from regional (20) priorities. (Attached for Council) (n) Notice of Hearing before the Public Utilities Commission of Southern California Gas Company to increase revenues to offset the increase in prices to them by their suppliers. (20) (o) Notice of Hearing before the Public Utilities Commission of Southern California Gas Company to increase revenues to offset the • long -term storage costs. (20) i Volume 31 - Page 280 CITY OF NEWPORT BEACH COUNCILMEN MINUTES yp �� vfl pN9,t yG\n G+�.p (v pc^ l��T yy �Zi s ROLL CALL \ October 25, 1977 IN f1FY • (p) Notice of hearing before the Public Utilities Commission of Southern California Edison Company for rate increase. (20) (q) Agenda of the Board of Supervisors meetings of October 11, 12, 18 and 19, 1977. (20) 5. The following claims were denied and the City Claims Clerk's referral to the insurance carrier was confirmed: (a) Claim of Tom Springston (a minor) by Gerry Springston Springston for personal injuries when his (2804) foot was cut while wading in waist -deep water near the public pier at Coral Avenue and South Bay Avenue on Balboa Island on October 1, 1977. (b) Claim of Roosevelt Brown alleging personal Brown injury and false imprisonment in connection (2805) with his arrest on June 26, 1977 in a cocktail lounge named "Picassio's" which is located in the Fashion Square Shopping Center, Newport Beach. (c) Claim for damages by Newport Terrace Npt Ter Condominium Association for Inverse Con- Condo demnation resulting from the purported (2806) acceptance by the City Council of an offer • of dedication affecting that property commonly known as Sundance Drive, claiming that the acceptance of dedication is invalid. 6. The following request to fill personnel vacancies was approved: (Report from the City Manager) (1203F) (a) One Equipment Mechanic I in the General Services Department to fill a position now open. (b) One Utilities Service Worker in the Utilities Department to fill a position now open. 7. The following staff reports were received and ordered filed: (a) Memorandum from the Community Development Youth Department transmitting the Report on Youth Needs Needs approved by the Community Development (558) Citizens Advisory Committee on October 12, 1977. (Attached) (b) Financial Report of the City of Newport Financial Beach for the fiscal year ending June 30, Report 1977, with Auditor's Opinion from Hurdman (420F) and Cranstoun, City Auditors. (Attached) • Volume 31 - Page 281 CITY OF NEWPORT BEACH COUNCILMEN MINUTES -p V O0 P< �0 \i'0 Ps\FS i \9t o� Z Sys R(11 I CAI I\ �\ \ October 25, 1977 INDEX (c) A report from the Community Development Tract 7967 • Department regarding a letter of October 3, 1977 from Harbor View Hills Community Association suggesting Council action on the Recreation Center planned for Phase IV development, Jasmine Creek, 2nd Revised Tentative Map Tract No. 7967, (Attached) 8. The expense accounts of Mayor Dostal in the Expense amount of $688.75 and of Councilman Williams in Accounts the amount of $297.70 for attendance at the League of California Cities Annual Conference in San Francisco on September 25 -28, 1977 were approved. 9. The following budget amendments were approved: BA -30, $5,000.00 increase in Budget Appropriations and decrease in Unappropriated Surplus for development of Bayside Drive Park, Building Excise Tax Fund. BA -31, $127,500.00 increase in Budget Appropria- tions and decrease in Unappropriated Surplus for City's share of agreement with State for Coast Highway /Dover Drive Improvement and bridge replacement, General Fund. BA -32, $55,000.00 increase in Budget Appropriation • for purchase of Library books for Newport Center Branch Library, from Unappropriated Surplus to Library Books, Federal Revenue Sharing Fund. BA -33, $1,995.00 transfer of Budget Appropriations for replacement of an unreliable ten - year -old, cash register in Community Development, from Unappropriated Contingency Reserve to Finance, Office Equipment, General Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter from Jan Bowles stating that 100 high Bicycle school students ride bicycles to Corona del Mar Trails High School and it would be very helpful if a (205F) curb cut could be made at the southwest corner of Ford Road and Jamboree Boulevard and a ramp installed so that they would not have to dismount Motion x and lift the bicycles up on the sidewalk or Ayes x x x x x x drive their bikes against traffic to the next Absent x ramp was referred to staff for reply. 2. A letter to Mayor Dostal from the City of Energy Huntington Beach objecting to his letter to the Conservatioi Energy Resources Conservation and Development (1817) Motion x Commission that fossil fuel plants should be es x x x x x x opposed was referred to the City Clerk for sent x filing and inclusion in the records. i Volume 31 - Page 282 COUNCILMEN 9 �� 9 \ ROLL CALL • Motion Ayes Absent Motion Ayes Absent Motion es sent Motion Ayes Absent • CITY OF NEWPORT BEACH MINUTES October 25, 1977 Upper Newport Bay (355) Bowers Museum (2807) HUD R -9212 (2082 Marinapark R -9213 (209F) 3. A report was presented from the City Manager regarding a Grant Deed conveying one -half owner- ship in North Star Beach to the City of Newport Beach. x A proposed resolution accepting a Grant Deed from • x x x x x the County of Orange for one -half interest in x North Star Beach (Upper Newport Bay) was referred back to staff to be returned to Council after the matter has been formally acted on by the Board of Supervisors. ADDITIONAL BUSINESS: 1. A letter from the Bowers Museum Foundation was presented asking that the City write a letter to the Orange County Board of Supervisors expressing support for the expansion of Bowers Museum as a Central Orange County Museum Facility and urging approval of the Joint Powers Agreement between the County and the City of Santa Ana to facilitate the expansion. x The Mayor was authorized and directed to send a • x x x x x letter to the Board of Supervisors expressing the x City's support for the expansion of Bowers Museum as a Central Orange County Museum Facility. x 2. Resolution No. 9212, authorizing execution of an • x x x x x amendment to the Community Development Block x Grant Program to provide for transfer of respon- sibility, and rescinding Resolution No. 9110, was adopted. x 3. Resolution No. 9213, authorizing the Mayor and • x x x x x City Clerk to execute a Consent to Sale of x Mobilehome and trailer space in Newport Marina - park (Viler, V. Loudon, I. Loudon, W. Loudon and Lawson), was adopted. After determining that there was no more business to come before the Council, Mayor Dostal declared the meeting adjourned at 10:37 p.m. Mayor ATTEST: t City Cler c r. Volume 31 - Page 283 Upper Newport Bay (355) Bowers Museum (2807) HUD R -9212 (2082 Marinapark R -9213 (209F)