HomeMy WebLinkAbout11/11/1974 - Regular MeetingCOUNCILMEN CITY OF NEWPORT BEACH MINUTES
\\\\ \\9\\ REGULAR COUNCIL MEETING
o n R Place: Council Chambers
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ROLL CALL N T9C
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Date: November 11, 1974 INDEX
Present
x
x
x
x
Roll Call.
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The reading of the Minutes of the Regular Meeting of
Motion
x
October 29, 1974 was waived and said Minutes were
Ayes
x
x
x
x
11
2
1
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
N
3
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.
A report was presented from the City Manager.
Robert Stone, Director of Environmental Health with
the Orange County Health Department, was present
to answer questions.
•
The following people addressed the Council and
opposed various elements of the ordinance; more
specifically, the authority given to one person
to suspend any food handling establishment's
operation without provision for appeal: Bob Roubian,
operator of The Crab Cooker; Peter Torre from
Charlie's Chili; Steve Larson representing Carl
Karcher Enterprises, Inc. (Carl's Jr.); Sid Soffer
of the Blue Beet; Mark Davidson of Charlie's Chili;
and Joseph A. Brancato of Stag Enterprises, Inc.
Motion
x
Councilman Rogers made a motion to postpone the
matter to December 9, and to direct the staff 'to
work with the restaurant owners and the County
to provide for right of appeal.
Robert Stone, Director of Environmental Health
with the Orange County Health Department addressed
the Council and summarized the Orange County Health
Department's ordinance and reviewed the County's
participation in the City's health services.
Councilman Store asked that Councilman Rogers' motion
be amended to postpone to November 25, which amend-
ment was accepted by the maker of the motion.
Ayes
x
x
x
x
x
1
2
A vote was taken on Councilman Rogers' amended
motion; and Ordinance No. 1589 was postponed to
November 25, 1974.
Volume 28 - Page 264
ROLL
COUNCILMEN
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F\ November 11 1974 INDEX
2. Ordinance No. 1590, being
Pacific
Coast Hwy
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
Prkg Lot
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.
Motion
x
Ordinance No. 1590 was adopted.
Ayes
K
xxxx
x
31
CONTINUED BUSINESS:
1. A report from the Chairman of the Board of Library
Library
Trustees regarding its special board meeting held
on October 31, 1974 for the purpose of discussing
the letter from The Irvine Company regarding a
proposed site for a Newport Center Branch Library
was presented with a draft letter from the Mayor
to The Irvine Company.
A report was presented from the City Librarian.
Mrs. Ruth Le Lievre, Chairman of the Board of
Library Trustees, addressed the Council.
Motion
N
The draft letter from the Mayor to The Irvine
Ayes
K
x
x
x
x
X
N
Company was approved as amended.
2. A letter was presented from Marian Parks regarding
Archae-
the proposed Archaeological Guidelines and
ological
Procedures for the City of Newport Beach and enclos-
Guidelines
ing letters from Roberta S. Greenwood of the Society
for California Archaeology, Keith A. Dixon who is
associated with the Department of Anthropology at
California State University of Long Beach, and
Mary Brown, University of California, Riverside.
Motion
x
The matter was postponed to November 25, 1974
Ayes
K
xxxxx
3. A report was presented from the Lido Isle Lease
Lido Isle
Committee regarding the Lido Community Association
Lease
beach lease and an appraisal of certain Lido Isle
properties (50i to be borne by the City and 50% by
the Lido Isle Community Association).
Goldie Joseph and Reg Anderson addressed the Council
and recommended that the appraisal include all of
the lease land. Wilbur Layman, President of the Lid
Isle Community Association, stated the Association
was open to the idea of a supplement to the appraisal.
The proposed resolution authorizing the City Manager
to execute a letter agreement submitted by John R.
Mawhinney and Associates for appraisal services in
connection with the Lido Isle beach lease was post -
pond to November 25, 1974; and the Lido Isle Lease
tion
K
Committee was directed to determine what the cost
es
K
x
x
x
x
for an additional appraisal would be.
Noes
x
x
Volume 28 - Page 265
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Y L >11,11, 111,11 i5. 9 t
November 11, 1974
CURRENT BUSINESS:
MINUTES
1, A letter from George F. Wiseman, AIA, appealing the
Assistant Building Director's denial of his applica-
tion for a waiver of the requirement for undergrounding
utilities at 448 Serra Drive, Corona del Mar, in
accordance with Section 15.32 of the Newport Beach
Municipal Code was presented with a report from the
Building Division.
The matter was postponed to November 25, 1974.
2. A letter from Claude H. Coyne & Associates, AIA, on
behalf of Mr. and Mrs. Richard P. Booth, requesting
to widen the existing 12' curb cut at 1513 East Bay
Avenue to 23' to accommodate a new three -car garage
was presented with a report from the Public Works
Director.
Subject request for a wider curb cut at 1513 East
Bay Avenue was approved.
3. A report was presented from the City Manager regarding
a lease with the First Baptist Church for the property
at 2501 Cliff Drive.
Dr. Francis J. Williams, representing the First
Baptist Church, addressed the Council in favor of the
lease.
The Parks, Beaches and Recreation Commission was
directed to prepare a development plan for subject
property as well as the two adjacent lots; and the
following resolution was adopted:
Resolution No. 8376 agreeing to assume the interest
of the State of California in a lease agreement
between the State and the First Baptist Church of
Newport Beach and authorizing the Mayor and City
Clerk to execute any necessary documents in connec-
tion therewith.
4. A letter from Dennis Frydenberg, President of Aluminum
Seamless, Inc., requesting to address the Council on
November 11 regarding mandatory rain gutters was post-
poned to November 25 at the request of Mr. Frydenberg.
5. A letter from Ray Barilone appealing the City Manager's
denial of Diana Barilone's application for a permit
to perform massage services was presented with a report
from the Police Department.
Diana Barilone and Ray Barilone addressed the Council.
Mayor Pro Tem Dostal made a motion to uphold the
City Manager's denial of subject application, which
motion failed to carry.
Volume 28 - Page 266
INDEX
Underground
Utilities
Curb Cut/
1513 E Bay
Cliff Dr
View Park
R -8376
Rain
Cutters
Massage
Permit
ROLL CALL
Motion
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Motion
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Motion
Des
COUNCILMEN CITY OF NEWPORT BEACH MINUTES
November 11, 1974 INDEX
Councilman Ryckoff made a motion to overrule the
City Manager's denial of subject application with t
condition that the applicants post a $1,000 bond wi
the City.
Councilman Rogers made a motion to amend the main
motion to change the amount of the bond to $5,000,
which motion failed to carry.
A vote was taken on Councilman Ryckoff's motion,
which motion carried; and the City Manager's denial
of subject application was overruled with the condi-
tion that the applicants post a $1,000 bond with the
City.
6. A report was presented from the Public Works Directorl Goldenrod
regarding structural evaluation of the Goldenrod Footbridge
footbridge.
The staff was directed to prepare plans, specifica-
tions and cost estimates for the repair of the
Goldenrod footbridge and to include a Capital
Improvement Project request for consideration in the
1975 -76 budget.
CONSENT CALENDAR:
The following items were approved by one motion affirming
the actions on the Consent Calendar:
1. The following resolutions were adopted:
Resolution No. 8377 authorizing the execution of an Ford Road
agreement with The Irvine Company and Philco Ford Widening
Corporation covering right of entry for excess R -8377
materials storage on Philco lease property, in
connection with the widening of Ford Road from
Jamboree Road to MacArthur Boulevard, Contract
No. 1600. (A report from Public Works Director
was presented.)
Resolution No. 8378 suspending the operation of Parking
all parking meters located in the City of Newport. Meters/
Beach beginning on the third Monday of December Seasonal
of each year and ending on January 2. (A report R -8378
from Public Works Department was presented.)
Resolution No. 8379 authorizing the execution of an Off -Site
off -site parking agreement with Dussin Investment Parking
Company in connection with the Spaghetti Factory R -8379
Restaurant located at 2110 Newport Boulevard. (A
report from Community Development Department was
presented.)
2. The following communications were referred as indi-
cated:
Referred to Planning Commission, letter from the W Newport
Newport Shores Community Association opposing the Prkg Lot
parking lot on the north side of Coast Highway, west
of Newport Boulevard, proposed in the Recreation
and Open Space Element of the General Plan.
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Referred to Planning Commission for on -going study,
Noise
letter from Metropolitan Transportation Engineering
Standards
Board regarding Federal Noise Standards and Regula-
tions.
Referred to Parks, Beaches and Recreation Commission
State
for review and comment, letter from the State
Trails/
Department of Parks and Recreation regarding a
Hostels
statewide Trails and Hostels Plan.
Referred to staff with Council's commendation, lettel
Fire Dept
from The Broadway commending Capt. Pendleton, Engi-
neer Dunlap and Fireman Stator of the Newport Beach
Fire Department Rescue Squad for their quick respons
to an emergency call at the Newport, Center store.
Referred to staff with Council's commendation, lette
Fire Dept
from Don I. Huddleston commending the Newport Beach
Fire Department, and particularly Capt. Jerry Strom
and his crew, for their speedy and efficient emer-
gency treatment when he suffered a coronary throm-
bosis on the Irvine Coast golf course.
Referred to staff for review, letter from Phyllis
Police Dept
Ritter lodging a complaint against the Police
Department in connection with investigation of
burglaries in the Cameo Shores area.
Referred to staff for reply, letter from Carolyn
Police Dept
Yeager regarding the news media and the Police
Blotter.
Referred to staff for reply, letter from Wileeta
Outrigger
Philbrick thanking the Council for moving the Out-
Club
rigger Club from 19th to 18th Street for their
summer activities.
3. The following communications were referred to the
City Clerk for filing and inclusion in the records:
Letter from Senator Carpenter to Mayor McInnis
regarding earlier correspondence with California
Highway Commission in effort to expedite necessary
studies and approvals for replacement of Coast
Highway Bridge over Upper Newport Bay.
Copy of letter from Ancient Mariner -Rusty Pelican,
Inc. in support of the proposed new sign ordinance.
Letter from Supervisor Clark to Mayor McInnis
regarding Refuse Disposal Fees.
Letter from Supervisor Clark to Mayor McInnis stating
that the Intergovernmental Coordinating Council of
Orange County is interested in obtaining a Chairman
for its Public Protection and Safety Advisory
Committee.
Letter from the Director of the Orange County League
regarding the 1974 -75 officers of.the League.
Volume 28 - Page 268
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COUNCILMEN CITY # • �� T
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Volume 28 - Page 269
Letter to Councilman Dostal from Supervisor Riley
•
stating appreciation for the City plaque presented
to Mr. Riley at a recent luncheon.
Letter from Youth Employment Service thanking Council
for assistance in mailing YES material in water bill.
Letter from residents from Spyglass Hill area
regarding the location of the extension of Spyglass
Hill Road.
Copy of letter from Department of Motor Vehicles
commending Officers Armstrong and Fischler for their
fine program in driver education for motorcyclists.
Letter from the City of Cypress stating its City
Council had supported the Newport Beach Resolution
regarding off -shore drilling with modifications.
Copy of Los Alamitos Resolution opposing the
drilling of new oil wells off the coast of Southern
California.
Copy of Board of Supervisors Resolution regarding
establishment of policy for refuse disposal user
fees.
Copy of Board of Supervisors Resolution regarding
Lifeguard Service Agreements and Financial
•
Assistance Agreements of Coastal Cities.
Copy of Notice of Application to Increase Fares by
The Gray Line Tours Company.
Agenda of Board of Supervisors meetings held
October 29, 30 and November 5 and 6, 1974.
Letter from Orange County Division of the League of
California Cities stating there is a vacancy on the
Orange County Human Relations Commission and inviting
nominations.
4. The following claims were denied, and the City Clerk'
Claims
referral to the insurance carrier was confirmed:
Claim of Laura Grayston for damages and personal
Grayston
injuries received on October 20 when she was thrown
from her bicycle allegedly due to a man -made hole in
the alley behind the Los Angeles Savings and Loan
Building on Newport Boulevard.
Claim of Allstate for their subrogation rights in
Larsen/
connection with damages to the car of their insured,
Allstate
Blanche Larsen, allegedly caused when she was struck
by a City vehicle on August 16.
Summons and Complaint for Damages of the State Farm
Hughes/
•
Mutual Automobile Insurance Company in connection
State Farm
with the claim of Peggy Hughes when she was involved
Volume 28 - Page 269
COUNCILMEN
ono �'a�Z�mApm�o
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---November-11- 1974 INDE:
in a traffic accident at Jamboree Road and San
Joaquin Hills Road on February 19, alleging
• C
City negligence in the malfunction of a traffic
signal.
Claim of Florence Holt for injuries sustained when H
Holt
she fell on the sidewalk at 207 Palm Street on
October 11, allegedly due to cracks in the sidewalk.
Claim of Mrs. Kathleen A. Petschnikoff claiming P
Petschni
inconvenience in connection with recovery of her
stolen car during the Labor Day weekend.
Claim of Walter H. Prior, et al, alleging police P
Prior
harassment.
Claim of Roy Oropallo alleging illegal towing and O
Oropall
impounding of his automobile on September 20.
5. The following requests to fill personnel vacancies
were approved: (A report from the City Manager was
presented.)
One Equipment Mechanic Helper in the General Services
Department to fill a position now vacant.
One Storekeeper I in the Finance Department to fill
a position now vacant.
6. The following staff report was received and ordered
• 6
filed:
Memorandum from the City Attorney regarding the N
Newspap e
City of Santa Ana's proposed newspaper rack ordinance-Racks
7. The work on the Dahlia Avenue Storm Drain South of D
Dahlia A
Second Avenue, Contract No. 1583, was accepted; and S
Storm D r
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.)
8.1 The Bluffs (Holstein Industries) was released from B
Back Ba}
any obligation to construct improvements on Back
Bay Drive adjacent to Tracts 5435 and 5878; and
the release of the cash deposit posted with Tract
5435 and the bonds posted with Tract 5878 as surety
was authorized. (A report from the Public Works
Director was presented.)
9. The resignation of J. Herbert Brownell from the Arts A
Arts Co
Commission was accepted with regret; and it was s
si o
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COUNCILMEN CITY OF NEWPORT BEACH MINUTES
ROLL CALL N
s ➢c m'2 AAR
November 11 1974 rvuth
11. The following Budget Amendments were approved:
BA -20, $5,000 increase.in Budget Appropriations and
decrease in Unappropriated Surplus for the develop-
•
ment of information to be used by staff to contest
flood hazard areas identified by the Federal Govern-
ment (National Flood Insurance Program). (A report
from the Public Works Director was presented).
BA -21, $4,750 decrease in Unappropriated Surplus to
provide for City's share; $41,500 increase in
Budget Appropriations; $36,750 increase in Revenue
Estimates, Donations and Contributions, County's
contribution toward 50/50 participation in the
Master Plan Bicycle Trails Program, General Fund.
BA -22, $27,463 increase in Budget Appropriations
and decrease in Unappropriated Surplus for change
orders and additional construction items for
Jamboree Road Police Facility, Capital Improvement
Fund.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A report was presented from the Public Works Direc-
Traffic
for regarding the traffic signal system at Jamboree
Signal
Road and Santa Barbara Drive, Contract No. 1667.
Motion
Councilman Rogers made a motion to table the matter,
Ayes
x
which motion failed to carry.
Noes
x
x
x
x
•
Councilman Kuehn made a motion to approve the plans
and specifications for subject project and to author-
ize the City Clerk to advertise for bids to be opened
on December 10.
Motion
Councilman Rogers made a substitute motion to post -
Ayes
x
x
x
pone the matter to November 25, 1974, which motion
Noes
x
x
carried.
Motion
K
2. It was directed that the letter from Joan Burwell
The Coves
Ayes
C
K
x
x
x
x
x
opposing The Coves Development on Bayside Drive and
the letter from the Irvine Terrace Community
Association regarding their request to The Irvine
Company to reconsider The Coves development be
included in the discussion on The Coves later in the
evening under Additional Business.
Motion
3. It was directed that the copy of a letter from
OrCo
Ayes
E
x
x
x
x
x
Supervisor Riley to the Board of Supervisors
Airport
regarding the Air California Application to the
Public Utilities Commission for Lake Tahoe Flights
be included in the discussion on Air California's
application later in the evening under Additional
Business.
4. A report was presented from the Public Works Director
Ticonde-
regarding a proposed resolution authorizing the
roga St:
•
execution of an agreement with Robert H. Grant,
Extension
Subdivider, guaranteeing completion of the temporary
Motion
x
extension of Ticonderoga Street (Tract Nos. 7852
Ayes
C
C
x
x
x
x
x and 7817); northerly of Newport Crest, was postponed
to November 25.
Volume 28 - Page 271
ROLL
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MINUTES
5. A letter from the West Newport Beach Improvement
Association requesting that the barricade at Monrovia
Street and Superior Avenue be removed, and also
requesting that the Doctrine of Prescriptive Rights
be investigated in connection with the area, was
referred to the staff for study and report back to
Council.
ADDITIONAL BUSINESS:
1• A letter from the Horace Ensign Middle School was
presented by Councilman Rogers regarding the need
for City banners for the school's new marching band.
The City's contribution of twelve City flags to the
Horace Ensign School marching band was approved.
2. A letter from Raymond L. Watson, President of The
Irvine Company, was presented stating that it would
be unrealistic at this time to make changes to the
Cove Condominium project and suggesting the City
commit the five foot right -of -way for a landscape
mound.
Letters were received after the agenda was printed
from Jean Watt and Shirley Knutsen objecting to the
height of the wall.
E. K. Burwell, and Joanie Burwell representing the
Balboa Island Improvement Association, Jim Felton
representing the Irvine Terrace Community Association
and E.D. Alport addressed the Council and objected
to the wall and the grading of The Coves.
Councilman Ryckoff made a motion to instruct the staff
to issue no more permits on The Coves project and
that hearings be set as expeditiously as possible on
the Environmental Impact, especially with respect
to the height and mounding of the wall.
Frank Hughes, Vice President in Charge of Residential
Development for The Irvine Company, addressed the
Council and stated that at this point in time The
Irvine Company is beyond making material changes to
the project and their position is that they should
be allowed to proceed.
Councilman Store made a substitute motion to direct
staff to issue no permits for the next two weeks and
to bring back to Council a report on the merits of
the final plot plan as compared to the plan the
Council approved.
A vote was taken on Councilman Store's substitute
motion, which motion failed to carry.
A vote was taken on Councilman Ryckoff's motion,
which motion failed to carry.
Mayor McInnis stated, with the unanimous consent of
the Council, that the matter would be brought back
in two weeks at the Study Session of November 25
with a full disclosure as to whether or not there
was substantial compliance to the approved plan.
Volume 28 - Page 272
INDEX
onrovia/
uperior
arricade
Ensign
School
Band
The Coves
COUNCILMEN
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Motion
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Motion
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November 11 1974
3. A copy of a letter to the Board of Supervisors from
Supervisor Riley, was presented, recommending
adoption of a resolution requesting the Public
Utilities Commission to take no action on the Air
California application for the Orange County -Lake Tah
route until the pending EIR on Orange County Airport
is completed.
A draft letter from the Mayor to the Public Utilities
Commission regarding the Application of Air Californi
to provide passenger service between Orange County
and Lake Tahoe was presented.
The City Attorney was authorized to intervene in
opposition to Air California's application for
X
flights from Orange County to Lake Tahoe; and the
x
x
x
x
draft letter to the Public Utilities Commission was
approved.
4. A report from the Community Development Department
regarding The Irvine Company Coastal Community
Multi- Agency Planning Program ( TICMAP) was presented
with a draft letter from the Mayor to The Irvine
Company regarding the TICMAP Policies.
The draft letter was approved, as amended; and
it was directed that copies be sent to the Cities of
x
x
x
x
x
Irvine and Laguna Beach.
5. Resolution No. 8380, authorizing the execution of a
lease agreement between the City of Newport Beach
and the State of California, Department of Transpor-
tation, for two parcels located in West Newport,
formerly owned by the Pacific Electric Railroad, was
x
x
x
x
x
adopted.
6. A report was presented from the City Manager
regarding review of the Council Policy Manual and
recommending amendments thereto.
F -14, "Purchasing Authority for Goods and Services ";
I -6, "Instructional Recreation Activities "; and
I -14, "Park Land Acquisition" were amended as
recommended; and 0 -2, "Future Library Service Policy"
was amended as recommended, with minor modifications
x
x
x
x
x
by Council.
The meeting was adjourned at 11:30 P.M.
x
x
x
x
x
yor
ATTEST:
City Clerk
Volume 28 - Page 273
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INDEX
DrCo
Airport
TICMAP
PE r. o. w.
W Npt
R -8380
Council
Policy
Manual