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HomeMy WebLinkAbout11/28/1977 - Regular MeetingCOUNCILMEN -p �� 9 O0 CF �� 9p 'A rOG�� 22 ROLL CALL CITY OF NEWPORT BEACH Regular Council Meeting Place: Council Chambers Time: 7:30 P.M. Date: November 28, 1977 MINUTES INDEX �esent x x x x x x x Roll Call. The reading of the Minutes of the Regular Meeting of Motion x November 14, 1977 was waived, and said Minutes were Ayes x x x x x x x approved as written and ordered filed. The reading in full of all ordinances and resolutions Motion x under consideration was waived, and the City Clerk was Ayes x x x x x x x directed to read by titles only. HEARINGS: 1. Mayor Dostal opened the continued public hearing Alley Paving on the report of the Public Works Director on B1 3 cost of work for alley paving in Block 3, Balboa Balboa Tr Tract accomplished under Chapter 27 of the (2425) Improvement Act of 1911 (informal contract). A report was presented from the Public Works Director. Motion x The hearing was closed after it was determined Ayes x x x x x x x that no one desired to be heard. Resolution No. 9220, confirming the cost of R -9220 constructing alley improvements and assessing said costs against certain real property pursuant to the provisions of Chapter 27 of the Improvement Act of 1911 (Block 3, Balboa Tract) (Block 4#tion x bounded by E. Balboa Boulevard, Cypress Street, es x x x x x x x Harding Street and Adams Street), was adopted. 2. Mayor Dostal opened the public hearing in connec- Weed tion with the Fall 1977 Weed Abatement Program. Abatement (150) A report was presented from the Fire Chief dated November 15, 1977 regarding the abatement of weeds and other nuisances within the City and submitting the Assessment List for the Fall 1977 Program. Joe Moreland addressed the Council opposing the Weed Abatement Program. Motion x The hearing was closed after it was determined Ayes x x x x x x x that no one else desired to be heard. Resolution No. 9221, confirming the report of the R -9221 Fire Chief concerning the cost of the abatement of weeds and other nuisances and requesting the auditor - controller of Orange County to enter the Motion x amount of each assessment referred to in said Ayes x x x x x x x report on the County Tax Roll, was adopted. ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1757, being, Business License • AN ORDINANCE OF THE CITY OF NEWPORT BEACH Tax AMENDING CHAPTER 5.04; SECTIONS 5.08.010 AND 0 -1757 5.08.020; AND ADDING SECTIONS 5.08.022 AND (891) Volume 31 - Page 299 CITY OF NEWPORT BEACH COUNCILMEN p 4 A O\ }\ O ( qp O� A GF c 1, .p �� g y t^y� q� ��q< OA ani cai i \ November 28, .1977 MINUTES III I�7� • 5.08.024 TO THE NEWPORT BEACH MUNICIPAL CODE TO PROVIDE FOR THE COLLECTION OF A GROSS RECEIPTS TAX, ESTABLISHING A MINIMUM TAX AND OPTIONAL METHOD OF DETERMINING TAX; TO BECOME EFFECTIVE UPON ITS DATE OF ADOPTION AS AN ORDINANCE FIXING THE RATE OF TAXATION, relating to business license fees. Joe Moreland addressed the Council opposing the ordinance. Motion x Ordinance No. 1757 was adopted. Ayes x x x x x x x CONTINUED BUSINESS: 1. A request for the assignment of the contract for Armstrong oil production from Armstrong Petroleum Corpora- Petroleum tion to Partnership Properties Company and Petro- (122) Motion x Lewis Corporation was postponed to December 12, Ayes x x x x x x x 1977. 2. The appointment of a member to fill a vacancy on Ping Coman Motion x the Planning Commission was postponed to (530F) Ayes x ,x x x x x x December 12, 1977. 3. Citizens Advisory Committee appointments: • Councilman Rogers' (District 1) appointment of a Litter member to the Litter Control Citizens Advisory CAC Committee to fill the unexpired term of Anita J. (2046) Motion x Ferguson ending December 31, 1977 was postponed Ayes x x x x x x x to December 12, 1977. Councilman McInnis' (District 2) appointment of a Com Dev member to the Community Development Citizens CAC Advisory Committee to fill the unexpired term of (2127) Motion x Gwendolyn Felton ending December 31, 1977 was Ayes x x x x x x x postponed to December 19, 1977. CURRENT BUSINESS: 1. A report was presented from the Community Develop- Tract 9810 ment Department regarding Final Map Tract No. 9810, a request of Pacesetter Homes, Inc. to subdivide 0.926 acres into seven lots for two - family residential development and one lot to be utilized as a common ingress and egress for four of the proposed residential lots on property located at 2507 -2525 - 16th Street, on the southeasterly corner of 16th Street and Tustin Avenue in Newport Heights; zoned R -2. Motion x The Final Map of Tract No. 9810 was approved, Ayes x x x x x x incorporating by reference the condition recom- -: $oes x mended by the Planning Commission; and Resolution R -9222 No. 9222, authorizing the Mayor and City Clerk to execute an agreement between the City of Newport Beach and Pacesetter Homes, Inc. in connection with construction of improvements in Tract No. 9810 (2507 -2525 - 16th Street), was adopted. i Volume 31 - Page 300 COUNCILMEN 9 y po �, CC y t�P� ROLL CALL • Motion Ayes Noes Abstain Oo otion es es Motion Ayes Motion yes CITY OF NEWPORT BEACH MINUTES November 28, 1977 Christmas Decorations/ Banner Req (391 & 2190) Traffic Signal Priorities (711) Spyglass Hill Park Impry (2766) R -9223 Council Policies (430F) 2. A report was presented from the Public Works Director regarding the request of the Via Lido Plaza Merchants Association to install Christmas decorations, including a banner across Via Lido. x Councilman Rogers made a motion to approve the request for the Christmas decorations, and to deny the request for the banner. Councilman McInnis asked the maker of the motion if she would consider amending her motion to approve the banner for a period of time shorter than the three weeks requested. Councilman Rogers amended her motion to approve the banner for the three -week period with the stipulation that -the staff was to advise the Association on the placement of the banner. x x x OP x A vote was taken on Councilman Rogers' amended x k� motion, which motion carried. 377 ?' A report was presented from the Public Works Department regarding 1977 -78 Traffic Signal Priorities. The priorities list for the 1977 -78 traffic x signals was approved as modified by Council to x x x x x x move the reconstruction of the traffic signals on x Newport Boulevard at Via Lido and Finley Avenue into the current fiscal year program and the construction of a traffic signal on Birch Street at Quail Street from the current year into the 1978 -79 program; and the staff was directed to proceed with the traffic signal projects as approved. 4. A report was presented from the Public Works Director and the Parks, Beaches and Recreation Director regarding the Spyglass Hill Park improve- ments, Contract No. 1970.. A letter from Spyglass Hill Community Association regarding funding of the Park was presented. x Resolution No. 9223, awarding a contract to • x x x x x x Gaudenti and Sons Landscaping Corporation in connection with Spyglass Hill Park Improvements, Contract No. 1970, was adopted. 5. A report was presented from the City Attorney regarding proposed amendments to Council Policies A -4 and A -10. The amendments to Council Policy A -4, "Board or x Commission Appointments," and to Council Policy • x x x x x x A -10, "Procedural Rules for the Conduct of City Council Meetings." were approved. i Volume 31 - Page 301 Christmas Decorations/ Banner Req (391 & 2190) Traffic Signal Priorities (711) Spyglass Hill Park Impry (2766) R -9223 Council Policies (430F) CITY OF NEWPORT BEACH COUNCILMEN poi v$���G\ MINUTES cF XA �S �yy 9� y ROLL CAII r November 28, 1977 • CONSENT CALENDAR: Motion x The following actions were approved by one motion Ayes x x x x x x x affirming the actions on the Consent Calendar: 1. The following resolutions were adopted: (a) Resolution No. 9224 designating the County Anti - Litter Solid Waste Management Agency as the enforce- R -9224 ment agency to carry out the provisions of (2046) the Solid Waste Control Act of 1976. (A report from the City Manager) (b) Resolution No. 9225 authorizing the execution Audit Report of an Auditing Services Agreement between R -9225 the City of Newport Beach and Hurdman and (224) Cranstoun, Certified Public Accountants, for fiscal year 1977 -78. (A report from the Finance Director) (c) Resolution No. 9226 authorizing the Mayor FAU Funding and City Clerk to execute Program Supplement R -9226 No. 1 - Revised - to Local Agency State (2743) Agreement No. 07 -5151 covering the FAU funding for the Coast Highway -Dover Drive improvements and the Upper Newport Bay Bridge replacement. (A report from the Public Works Director) • (d) Removed from the Consent Calendar. (e) Resolution No. 9227 authorizing the Mayor Lifeguard and City Clerk to execute an agreement Services between the City of Newport Beach and the R -9227 Orange County Harbors, Beaches and Parks (272) District for lifeguard services in the unincorporated areas. (A report from the Marine Department) 2. The following communications were referred as indicated: (a) To staff for reply, a request from Mrs. Parking Merian I. Ritchey to remove the no parking Prohibitions zone in front of the Riverside post office. (440F) (Copies mailed to Council) (b) To the City's representative to the League of OrCo Div Cities, a letter from the Orange County League Division regarding the two issues to be con- Calif sidered at the December meeting; namely, the Cities distribution of the funds for the Safer Off- (2529) Systems Road Program, and the future role of SCAG in land planning in California. (Copies mailed to Council) 3. The following communications were referred to the • City Clerk for filing and inclusion in the records: (a) A copy of a letter to the Director of Public Works from Dr. James J. Ashen regarding repair work that should be done on the curb and gutter in front of his home at 1948 Santiago Drive. (Copies mailed to Council) (600) Volume 31 - Page 302 CITY OF NEWPORT BEACH COUNCILMEN 9 f o\�\ p 9 O� G � 9 1 2 ROLL CALL 0 November 28, 1977 MINUTES IN nFY (b) A letter from the Southern California Edison (Tract 6015) • Company stating that the Final Parcel Map for Block 600 of Newport Center will not un- reasonably interfere with their use of the easements held by them. (Copies mailed to Council) (c) A letter and resolution from the City of Seal Beach concerning the personnel for the Solid Waste Enforcement Agency. (Copies mailed to (2046) Council) (d) A letter to Mayor Dostal from Supervisor Riley regarding the support for Bowers Museum Foundation. (Copies mailed to Council) (2807) (e) A letter to the Orange County League of California Cities from the Orange County Environmental Management Agency regarding the "Safer Off- System Roads Program" and the administration of the funds appropriated by Congress. (Copies mailed to Council) (205) (f) A bulletin from the Criminal Justice Program, National League of Cities and U. S. Conference of Mayors regarding funds for Law Enforcement Assistance Administration. (Copies mailed to (2526) Council) • (g) The Orange County Progress Report for 1977.. (A copy is on file in the City Clerk's (20) office.) (h) Agenda of the Board of Supervisors meetings of November 15, 16, 22 and 23, 1977. (20) (i) A letter to the Mayor from Gordon Young expressing his appreciation to the paramedic unit which responded at the time his wife had a severe heart seizure for their quick response and expert treatment. (Attached) (1893) 4. The following claims were denied and the City Claims Clerk's referral to the insurance carrier was confirmed: (a) Claim of Richard and Elaine Foxx for damage Foxx to their property at 2033 Santiago, Newport (2821) Beach, allegedly caused by tree roots blocking a City sewer line, which caused a plumbing problem on October 30, 1977. (b) Claim of George I. Parrish for property Parrish damage to five trash barrels on November 14 (2822) at 410 West Coast Highway allegedly by the City refuse collectors. (c) Claim of Ed and Carol Ziemer for property Ziemer • damage to their bathroom at 2033 E. Ocean (2823) Boulevard in Balboa on November 1, 1977, allegedly caused by a stopped up City sewer line. Volume 31 - Page 303 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 0 •AO ,... ... November 28. 1977 1 N DEX ![VLL I.MLL \ (d) Claim of Ruth H. Emmerson for personal Emmerson • injuries sustained from a fall on September 3, (2824) 1977 on East Coast Highway when she slipped while walking along the bicycle path which was covered with eucalyptus berries, alleging improper maintenance by the City. 5. The following request to fill personnel vacancies (1203F) was approved: (A report from the City Manager) (a) One Secretary in the Personnel Department to fill a position now vacant. 6. Staff Reports - Removed from the Consent Calendar. 7. The following was set for public hearing on December 12, 1977: (a) Tentative Map of Tract No. 10135, a request Tract 10135 of Richard R. Cantrell, to establish one lot where four lots now exist to permit the conversion of eight residential units into an eight -unit residential condominium complex on property located at 421 -427 East Bay Avenue, on the southwesterly corner of East Bay Avenue and Adams Street on the Balboa Peninsula, zoned R -3. (A report from the Community Development Department) 8. The following budget amendments were approved: BA -38, $200.00 increase in Budget Appropriations for purchase of materials necessary to build adequate storage area for surfboards, from Reserve for Surfboards, Park and Recreation Fund to Marine, Maintenance and Repair Material, General Fund. (A report from the Parks, Beaches and Recreation Director) BA -39, $53,300.00 increase in Budget Appropriations and in Revenue Estimates, contribution from John D. Lusk & Son, appropriation for development of Spyglass Hill Park, and reserve of balance for future improvements, from Unappropriated Surplus to Development of Spyglass Hill Park, Building Excise Tax Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report was presented from the Public Works Resub 560 Director regarding Resubdivision No. 560, located (2825) on the northeasterly corner of East Coast Highway and Avocado Avenue. Resolution No. 9228,authoriziug the Mayor and City R -9228 Motion x Clerk to execute a Subdivision Agreement in Ayes x x x x x x x connection with Resubdivision No. 560 (Bank of Newport), was adopted. • 2. A report was presented from the Community Develop- General Plan ment Department advising that the Planning (673) i Volume 31 - Page 304 CITY OF NEWPORT BEACH COUNCILMEN 'p0 �� v �0 "' c !9m\FS'2 s Nnvemher 28. 1977 MINUTES INDEX nu"" -- Commission had considered General Plan Amendment • 77 -3 consisting of four parts as follows: 77 -3 -A: A proposed amendment to the Land Use and Residential Growth Elements to change the designation on property currently in the R -2 District, located on the east side of North Newport Boulevard, north of Santa Ana Avenue, from "Two - Family Residential" to "Retail and Service Commercial." 77 -3 -B: A proposed amendment to the Land Use and Residential Growth Elements to change the designation of the Roger's Gardens site and the vacant property to the south, bounded by MacArthur Boulevard, San Joaquin Hills Road, and San Miguel Drive, from "Low- Density Residential" to "Retail and Service Commercial." 77 -3 -C: A proposed amendment to the Residential Growth Element to revise the definition of "buildable acreage" to exclude areas dedicated for park purposes and areas to be used for street purposes. 77 -3 -D: A proposed amendment to the Land Use and Residential Growth Elements creating a • new density category of "High- Density Residential -- Greater than 10 DU's per Buildable Acre ", and amending the Land Use Plan and Residential Growth Plan maps as appropriate. The report also advised that the Planning Commis- sion had recommended to the Council that Part A be denied, and that Parts B, C and D be removed from the calendar for reconsideration at the February, 1978 General Plan Amendment session. Motion x The Planning Commission's action on 77 -3 -A and Ayes x x x x x 77 -3 -B was confirmed, and 77 -3 -C and 77 -3 -D were Noes x x set for public hearing on December 12, 1977. ADDITIONAL BUSINESS: 1. Resolution No. 9229, authorizing the City Attorney OrCo to intervene on behalf of the City and become a Airport party in the applications of Western Airlines and R -9229 Air California before the Civil Aeronautics Board (195) Motion x for route authority between Las Vegas and Orange Ayes x x x x x x x County, was adopted. 2. Resolution No. 9230, opposing the policy of the SCAG Southern California Association of Governments to R -9230 use its goals and objectives in an attempt to (447F) control local land use planning, was adopted; and the City's delegate to the League of Cities was tion x instructed to ask the other cities for their Ayes x x x x x x x support. i Volume 31 - Page 305 COUNCILMEN 9 \ F y ROLL CALL Ion s • • CITY OF NEWPORT BEACH MINUTES November 28, 1977 Armstrong Petroleum (122) x 3. The staff was authorized to serve a Notice of x x x x x x x Default on Armstrong Petroleum Corporation for violating certain provisions of the oil operation agreement between the City of Newport Beach and Armstrong Petroleum Corporation dated October 30, 1968; said Notice to be filed after receiving a legal opinion from outside special counsel that adequate grounds exist for declaring said agreement in default. The meeting was adjourned at.8:40 p.m. Mayor ATTEST: �WP��T City Clerk OA \ 4 ^ 1 D q��PO AN�P i Volume 31 - Page 306 i I Armstrong Petroleum (122)