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Home My WebLink About02/23/1976 - Regular MeetingROL COUNCILMEN CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. MINUTES o,A .L CALL °i M y2`lpa`a 1! p Date: February L3, 1976 N A a b INDEX 'resent K K x x x x Roll Call. Absent klon x The reading of the Minutes of the Regular Meeting of Ayes K x x x x x February 9, 1976 was waived, and said Minutes were approved Absent x as written and ordered filed. lotion x The reading in full of all ordinances and resolutions under Lyes K x x x x x consideration was waived, and the Acting City Clerk was Lsent i i directed to read by titles only. HEARINGS: 1. Mayor McInnis opened the public hearing regarding the CATV request by TelePrompTer of Newport Beach for a rate increase in the monthly fees for cable antenna tele- vision service. A report was presented from the City Manager's office. Larry Priest, Manager of TelePrompTer Cable TV of Newport Beach, addressed the Council. lotion x Mr. Priest was granted eight minutes for his pre - Ayes K x x x x x sentation. Absent The following people addressed the Council and opposed and /or questioned the rate increase: Herb Stricker, Joy Harper and Karen Evarts. lotion x The hearing was closed after it was determined that no kyes x x x x x one else desired to be heard. kbsent !lotion x Councilman Ryckoff made a motion to adopt Resolution No. 8706 granting the increase as requested. Mayor McInnis asked that the motion be amended to require TelePrompTer to provide five to ten hours a week of local programming, which amendment was ac- cepted by the maker of the motion. A vote was taken on Councilman Ryckoff's motion, and Resolution No. 8706, approving a rate increase by R -8706 Ayes K K x x x TelePrompTer of Newport Beach in the monthly fee for Noes x cable antenna television service, as amended, was Absent x adopted. 2. Mayor McInnis opened the public hearing regarding the Tract 9132 Tentative Map of Tract No. 9132, request of Grant Warmington Builders, Irvine, California, to subdivide 0.8 acres for a single - family residential development, and the certification of an environmental document; located at 470 Westminster Avenue in Newport Heights; zoned R -1. A report was presented from the Community Development Department. A letter from Richard Wandrocke was presented urging that the location of any two -story homes be evaluated to minimize any visual intrusion into the surrounding existing homes. Volume 30 - Page 37 U0141 Mot Ayt Ab; Mo Ayi Not Abt Mot Aye Abe Mot Aye Abs Mot Aye Abs Mot Aye Abs Mot Aye Abs Mot Aye Abs COUNCILMEN CITY OF NEWPORT BEACH MINUTES CALL owm -Jt lr 'AA &'<+- _ February 23, 1976 INDEX Herb Stricker addressed the Council and opposed the proposed subdivision. . Taylor Grant, representing Grant Warmington Builders, addressed the Council regarding the proposed gas collection and burning system. :ion x The hearing was closed after it was determined that n as x x x x x x one else desired to be heard. sent x Lion x The Environmental Document was certified and the as K x x x x Tentative Map of Tract No. 9132 was approved, subject as x to the findings and conditions recommended by the sent x Planning Commission. CONTINUED BUSINESS: :ion K 1. The appointment of a member to the Planning Commis- Planning :s K x x x x sion to fill the vacancy created by the resignation of Comsn ;ent William J. Tiernan was postponed to March 8, 1976. 2. The appointment of a member to the Parks, Beaches and PB &R :ion K Recreation Commission to fill the vacancy created by Comsn 's x x x x the resignation of John R. Payne was postponed to ;ent x March 8, 1976. 3. The following appointments to the Bicycle Trails Bicycle Citizens Advisory Committee were confirmed: Trails Citizens x (District 2) Mayor McInnis' appointment of Duane Adv Cmte x x x x Black as a member to fill the vacancy created by ent x the resignation of Wiley McNair. ion x (District 5) Councilman Ryckoff's appointment of s K x x x x Helen Reeder as a member to fill the vacancy ent x created by the resignation of Ken Elgin. 4. (District 2) Mayor McInnis' appointment of Lewis Envirommntl Sussman as a member of the Environmental Quality Quality ion x Control Citizens Advisory Committee to fill the Control s x x vacancy created by the resignation of Caroline Clucas Citizens ent x was confirmed. dv Cmte 5. A report was presented from the Community Development Piazzo Lido Department regarding the Planning Commission recom- Encroach- mendation on Piazza Lido plans. ments A letter signed by four residents of the area was presented protesting the postponement of the matter to February 23. The recommendation of the Planning Commission that no ion further encroachment be permitted into the public s x x x x x right -of -way area of Piazzo Lido for the purpose of ent x planting trees and landscaping was upheld. 6. A letter was presented from the Parks, Beaches and Recreation Commission regarding land acquisition at Park & View Sites Inspiration Point. Don Renner addressed the Council and urged that the letter be received and ordered filed. Volume 30 - Page 38 COUNCILMEN CITY OF NEWPORT BEACH MINUTES YLL CALL I'm 1�f A IT Yebruary zi, lyio INDEX The Mayor was directed to write a letter to the Coastal otiio Commission recommending that two privately -owned lots ye x x x immediately adjacent to Inspiration Point be retained x x as a high priority on the list of proposed sites for oe bsent State acquisition. 7. A letter to Mayor McInnis from the Intergovernmental ICC Coordinating Council of Orange County was presented regarding the goals and objectives and the future of a Mini -COG in Orange County. lotion x Mayor McInnis made a motion to direct Council's representative to the Intergovernmental Coordinating Council on Wednesday to advise the ICC or, in the event he will not be there, to make sure a written communication gets to the meeting advising that the Newport Beach Council does not support the continu- ation of the Intergovernmental Coordinating__ Council and does not support the Mini -COG, but that it does strongly urge the assemblage at that point to re- institute the Supervisors' and Mayors' Committee, referred to as SAMCO. Councilman Store asked that the motion be amended to include some of -the concerns that caused this City to take its position as well as to state that the City does not support the Mini -COG "at this time," which amendments were accepted by the maker of the motion. kye x x x x A vote was taken on Mayor McInnis' amended motion, Qo x which motion carried. .bsent Mayor Pro Tem Dostal asked that the Minutes reflect that he could not support the motion on the grounds that forming a Mini -COG out of ICC would place the decision - making level for Orange County -wide problems on a local level composed of locally elected officials rather than these decisions being made by SCAG on a regional level composed of representatives from other counties. 8. A letter was presented from Councilman Rogers re- Trans - garding his appointments to the Transportation Plan portatioi Citizens Advisory Committee. Plan Citizens Motion x (District 1) Councilman Rogers' appointments of Bill Adv Cmte Ayes x x x x x 7 Agee and Wally Koch as members of the Transportation Absent 2 Plan Citizens Advisory Committee were confirmed. CURRENT BUSINESS: 1. A letter was presented from Carl Neisser resigning Envirommnt from the Environmental Quality Control Citizens Quality Advisory Committee due to conflict with a class he has Control been asked to teach at California State University, Citizens Fullerton. Adv Cmte Mr. Neisser's resignation was accepted with regret; Motion x and (District 6) Councilman Kuehn's appointment of Ayes x x x x x x Jerry A. King to fill the vacancy created by the Absent resignation of Carl Neisser was confirmed. Volume 30 - Page 39 ROLL CALL • Motion Ayes Absent Motion Ayes Absent Motion Ayes Ab II Motion Ayes Noes Absent COUNCILMEN CITY OF NEWPORT BEACH MINUTES \\ \\6\VkPod\ mZZ -P -4 * \� \0 February 23, 1976 INDEX Litter 2. A letter was presented from the Litter Control Citizens Advisory Committee requesting secretarial Control service for the Committee. Citizens Adv Cmte Suzanne Rudd, Chairman of the Litter Control Citizens Advisory Committee, addressed the Council and urged that Council appropriate funds for secretarial ser- vices and also protested a statement to the press regarding the litter problem by a member of the Police Department. x The request for appropriation of funds for secretar- x x x x ial services was approved, not to exceed $150 for the x balance of the fiscal year. 3.. A letter from Alice Hamilton was presented requesting Business waiver of the penalty fee imposed for late license License fee for her business, Lido Sands Sauna. X The request for waiver of the penalty fee was denied. X x x x x 4. A report was presented from the Public Works Director Alley regarding alley paving in the City block between Paving Lindo Avenue and Island Avenue. Lindo & Island Ai x The Public Works Director was directed to notify x x x owners of property adjacent to the unimproved portions x of the alleys in the City block between Lindo Avenue and Island Avenue to construct a portland cement concrete alley under the procedures of Chapter 27 of the Improvement Act of 1911. 5. A letter was presented from the Bicentennial Citizens Ensign Advisory Committee requesting funds for the develop- View ment of Phase I of the Ensign View Park. Park A letter from Parks, Beaches and Recreation Commis- sioner Evelyn Hart as Liaison Member to the Bicen- tennial Citizens Advisory Committee in support of the Committee request in connection with Ensign View Park. The following people addressed the Council and urged appropriation of funds for Phase I of the Ensign View Park: J. Lester..Steffenson, as Chairman, and William Blurock, as a member, of the Bicentennial Citizens Advisory Committee; Gwen Martinez, Chairperson for the Newport Beach Bicentennial Youth Committee; Georgia Spooner, representing the Harbor View Hills and the Newport Beach Garden Clubs; and Evelyn Hart, Parks, Beaches and Recreation Commissioner. The following people addressed the Council and opposed the development of the park: Ken Beshore, Pastor of the First Baptist Church, also questioned the terms of the Church's lease; and John Spencer. x The request for appropriation of funds was approved x x x as stated in the request of the Bicentennial Citizens x x Advisory Committee. Volume 30 - Page 40 ROL Mot Ays Abi Mo 1 Ayi Abi COUNCILMEN CITY OF NEWPORT BEACH MINUTES pmsaZp*�M ,L CALL �m Z9f a a�� February 23, 1976 INDEX 6. A report was presented from the Public Works Director Superior regarding the acquisition of right -of -way for Superior Avenue . Avenue widening from Dana Road to Industrial Way. Widening The purchase of a portion of 1555 Superior Avenue was authorized at the appraised fair market value of $34,381; and Resolution No. 8707 accepting a Grant R -8707 Deed from Aaron Sage, at al in connection with Super- ior Avenue Widening from Dana Road to Industrial Way, and authorizing execution of an agreement with Aaron :ion x Sage, et al, providing payment for severance and as x x x 21xx removal of surface improvements and landscaping, was sent x adopted. CONSENT CALENDAR: :ion x The following items were approved by one motion affirming as x x x xxx the actions on the Consent Calendar: sent x 1. The following resolutions were adopted: (a) Resolution No. 8708 ordering the canvass of the General General Municipal Election to be held on the 13th Municipal day of April, 1976, to be made by.the Acting Election City Clerk of the City of Newport Beach. R -8708 (b) Resolution No. 8709 approving the relinquishment Hospital by the State of California of that portion of Road Hospital Road shown as Parcel 1 on CALTRANS R -8709 right -of -way map REL -980 and waiving the 90 -day Notice of Intention to Relinquish as set forth in Section 73 of the Streets and Highways Code. (Report from the Public Works Director) (c) Resolution No. $710 awarding a contract to Coy Marine Atkins, Fountain Valley, in connection with the Dept. Bldg. addition to the Marine Department Building, R -8710 Contract No. 1760. (Report from the Public Works Director) (d) Resolution No. 8711 authorizing execution of an OrCo agreement between the City and Valley Associates Airport for consulting services relating to the Orange R -8711 County Airport EIR. (Report from the City Attor- ney) (e) Resolution No. 8712 designating an intersection Stop at which vehicles are required to stop and direct- Signs ing the Traffic Engineer to erect necessary stop R -8712 signs (Fourth Avenue at Marguerite). (Report from the Public Works Department) (f) Resolution No. 8713 authorizing the execution of Lifeguard an agreement between the City of Newport Beach Services and the Orange County Harbors, Beaches and Parks R -8713 District for the City to provide lifeguard services in certain unincorporated areas for the 1976 calendar year. (Report from the Marine Department) 2. The following communications were referred as in- dicated: (a) To staff for investigation and report back, Curb Cut/ letter from the Corona del Mar Civic Association Abatements Volume 30 - Page 41 COUNCILMEN CITY OF NEWPORT BEACH MINUTES OLL CALL m Z 8+ a a February 23, 1976 INDEX regarding curb cuts on residential streets that are no longer in use and requesting that the situation be remedied under the Curb Cut Abate- • ment Section 13.07.010 of the Municipal Code. (Exhibit) (b) To staff for study and report back, letter from Cliff Cliff Haven Community Association requesting per - Haven mission to place a community identification sign Signs adjacent to the public right -of -way of Cliff Drive midway between Dover Drive and Kings Place. (Exhibit) (c) To staff for reply, letter from Bonita D. Esterley requesting that the street tree in front of 1120 Sea Lane be trimmed as it is obstructing her view. (Exhibit) 3. The following communications were referred to the City Clerk for filing and inclusion in the records: (a) letter to Mayor McInnis from Senator Alan Cran- Social ston acknowledging receipt of Resolution No. 8582 Security regarding H.R. 7666 - Social Security Earnings Earnings Limitation and expressing his strong support of legislation which would raise the amount of earned income allowed. (Exhibit) (b) Letter to Mayor McInnis from Senator Alan Cran- ton expressing appreciation for being advised that the City supports alternative 6 proposed by the Army Corps of Engineers for flood protection in the Santa Ana River basin. (Exhibit) (c) Letter to Mayor McInnis from Harbor Investment Company expressing appreciation for the paramedic unit in connection with a heart attack suffered by one of their salesmen recently. (Exhibit) (d) Letter to City Attorney Dennis O'Neil from Attorney General Evelle J. Younger in connection with a request for reconsideration of an Opinion regarding development of the Coastal Plan. (Exhibit) (e) Removed from Consent Calendar. (f) Letter from the Fair Political Practices Com- mission regarding hearings during the month of February to consider ways of strengthening and streamlining the Political Reform Act of 1974. (Exhibit) (g) Copy of a letter from Vice Mayor Arbiso of the City of Stanton to Assemblyman Richard Alatorre in support of AS 2699 regarding participation in the Olympics. (Copies sent to Council) (h) Letter from the City of Yorba Linda asking that the Council consider adoption of a resolution in opposition to an airport in the Chino Hills. (Copies sent to Council) W Resolution of the City of Anaheim requesting the Board of Supervisors to establish a County service area in unincorporated areas of the County. qn _ v.se A9 0 ROI COUNCILMEN CITY OF NEWPORT BEACH MINUTES M 1 m _L CALL pm 2 c a as 9 T a a February 23, 1976 INDEX (j) Letter from the Controller of the State of Calif- ornia regarding the estimated shared revenue for Motor Vehicle License Fees ( "In- Lieu ") and High- • way Users Taxes allocated to the City of Newport Beach based on a population of 60,300 as follows: "In- Lieu ", $649,966; 2106, $296,362; 2107, $262,655; 2107.5, $7,500 and 2106 revised for 1975 -76 F.Y. $288,052. (k) Orange County Health Planning Council Fourth Quarter 1975 Progress Report. (1) Notice of Hearing before the Public Utilities Commission on the application of the Pacific Telephone and Telegraph Company for- a rate increase. (m) State Board of Equalization Annual Report 1974 - 75. (102 page document on file in City Clerk's office) (n) Agenda of Board of Supervisor's meetings held February 10, 11, 17 and 18, 1976. 4. The following claim was denied and the Acting City Claim Clerk's referral to the insurance carrier was confirmed: (a) Claim of Janina S. Madurowicz for personal Madurowicz injuries sustained when she tripped on a raised • sidewalk amd fell down some steps in the vicinity of 6208 Facific Coast Highway, Newport Beach on November 1, 1975, allegedly due to negligence on the part of the City. 5. The following staff report was received and ordered filed: (a) Report from the Parks, Beaches and Recreation PB &R Commission regarding Park and Recreation Goals Comsn and Objectives for 1976. (Exhibit) Goals (b) Removed from the Consent Calendar. 6• The following matter was set for public hearing on March 8, 1976: (a) TENTATIVE MAP OF TRACT NO. 7967 - Request of M. Tract 7967 J. Brock & Sons, Inc., Los Angeles, to amend a previously approved tentative tract map so as to permit minor modifications on the private street system and to permit a reduction of the residen- tial units from the approved number of 346 dwelling units to approximately 324 dwelling units; located southwesterly of San Joaquin Hills Road and easterly of Crown Drive North in the Planned Community of Jasmine Creek; zoned P -C. (Report from the Community Development Department) (b) Removed from the Consent Calendar. 7• The following matters were set for public hearing on March 22, 1976: (a) GENERAL PLAN AMENDMENT 76 -1 -A - An amendment to General Plan Volume 30 - Page 43 R COUNCILMEN MINUTES OLLCALL �'in$v�iV; a'N reoruary Li. lyio INDEX the Land Use Element and Recreation and Open Space Element to add "Administrative, Professional and Financial Commercial" and Recreational and Environmental Open Space" as alternate uses, in addition to the Recreational and Maxine Commercial designation, for the property at the southeast corner of Bayside Drive and Marine Avenue, and to add the following wording to Page 16 of the Land Use Element: "Any.development. of the property at the southeast corner of Marine Avenue and Bayside Drive should assure that a view triangle, with its apex at the intersection of Marine Avenue and Bayside Drive, is , maintained and that adequate public access to the bay is provided. The appearance of structures shall be compatible with, and not offensive to, the surrounding area. In order to assure that these objectives will be reached, Planning Commission approval of the development plans will be required. If necessary, the property will be rezoned to accomplish the above." (Report from the Community Development Department) (b) GENERAL PLAN AMENDMENT 76 -1 -B - An amendment to General the Land Use Element to change the designation Plan of a portion of the industrially - designated area of the Newport Place Planned Community (at the intersection of Bristol street and Spruce Avenue) to a mixture of "Administrative, Profes- sional and Financial Commercial" and "Retail and Service Commercial." (Report from the Community Development Department) (c) GENERAL PLAN AMENDMENT 76 -1 -C - An amendment to General the Land Use Element to change the designation Plan of a portion of the industrially - designated area of the Koll Center Newport Planned Community (at the intersection of Jamboree Road and Birch Street) to a mixture of "Administrative, Profes- sional and Financial Commercial" and "Retail and Service Commercial." (Report from the'Community Development Department) 8. The plans and specifications for the storm drain and Storm street improvements, Finley Avenue from Newport Drain b Boulevard to 34th Street, 1975 -76 (C -1668) were St Impr/ approved; and the City Clerk :was authorized to Finley Av advertise for bids to be opened at 10:30 A.M. on March 9, 1976. (Report from the Public Works Director) 9. The work on the construction of the new Council Cham- Council ber (C -1760) was accepted; and the City Clerk was Chambers authorized to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been filed. (Report from the Public Works Director) 10. The following maintenance harbor dredging permit Harbor application was approved, subject to the conditions of Permit approval under the blanket maintenance dredging Volume 30 - Page 44 ROLL Mot Ay( Ab) Mo Ay Ab Mo Ay Ab Mo Ay Ab Mo Ay Ab COUNCILMEN gyrMpOTAfft? MINUTES .CALL a a m INDEX Epbrunry 21 1276 permit issued by the U. S. Army Corps of Engineers: #109 -1911, Syd Button /Toby Baker, 1911/1917 East Bay Avenue. (Report from the Marine Department) 11. The following Budget Amendments were approved: BA -55, $4,350 net decrease in Unappropriated Surplus and an increase in Budget Amendments and in Revenue Estimates, Federal Grants, for funds to cover additional help and acting appointment in City Clerk's office, from Unappropriated Surplus to City Clerk, Regular Salaries, Seasonal Part -Time and Salaries, Grants, General Fund. BA -56, $500 increase in Budget Appropriations and in Revenue Estimates, Donations and Contributions, for Donation from Universal City Studios to Police Depart- ment for purchase of gymnasium equipment, from Unappropriated Surplus to Police, Special Departmental Supplies, General Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A copy of a letter from Gary B. Lovell to the Air :ion x Enforcement Section of the Air Resources Board Pollution as C x x x x x regarding coastal air pollution monitoring was ;ent x referred to the Environmental Quality Control Citizens Advisory Committee. 2. The request of Councilman Paul Ryckoff to set Modifi- Modifica- . cation No. 985 for public hearing and review regarding tion 985) the action of the Modification Committee on the request Butterwortt of Thomas and Charyl Butterworth to permit donstructio of second floor room additions on an existing non- tion x conforming single - family dwelling located at 114 Pearl as I K x x x x Avenue, Balboa Island, zoned R -1.5, was withdrawn and sent x no further action was taken. tion x 3. A report from the Parks, Beaches and Recreation as C x x x x Director to the City Manager regarding Harbor View sent x Hills Parkway trees was ordered filed. ADDITIONAL BUSINESS: tion K 1. The Mayor was directed to send a letter to the Senate SB 1550 es C x x x x Judiciary Committee expressing the City's opposition sent x to SB -1550, which could reduce the revenues to cities derived from court fines. tion x 2. The Planning Commission was directed to hold a public Tract 8725 es K x x x x hearing in connection with Condition No. 8 imposed on sent Tentative Tract No. 8725, and the staff was directed to secure the consent of The Irvine Company for the public hearing. The Mayor adjourned,the meeting at 9:25 P.M. Mayor AT ST: Acting -u^ -i-Gy Ci Volume 30 - Page 45