HomeMy WebLinkAbout03/08/1976 - Regular MeetingCOUNCILMEN
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ROLL CALL
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CITY OF NEWPORT BEACH
REGULAR COUNCIL MEETING
Place: Council Chambers
Time: 7:30 P.M.
MINUTES
°pmSZy� a °�tn�pa Date: March 8,. 1976 INDEX
x X X x x Roll Call.
x The reading of the Minutes of the Regular Meeting of
x x x x x February 23, 1976 was waived, and said Minutes were ap-
proved as written and ordered filed.
x The reading in full of all ordinances and resolutions under
x x x x x consideration was waived, and the Acting City Clerk was
directed to read by titles only.
HEARINGS:
1. Mayor McInnis opened the public hearing regarding Tract 7967
Tentative Map of Tract No. 7967, request of M. 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 residential 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.
A report was presented from the Community Development
Department.
Larry Olin representing M. J. Brock & Sons, addressed
the Council and stated that they agreed to the con-
ditions imposed by the Planning Commission.
The hearing was closed after it was determined that no
x x x x x one else desired to be heard.
The Tentative Map of Tract No. 7967 was approved,
x x x x x subject to the findings and conditions recommended by
the Planning Commission.
CONTINUED BUSINESS:
1. William Frederickson, Jr. was appointed as a member of Ping Comen
• x x x x 7 the Planning Commission to fill the unexpired term of Comsn
William J. Tiernan, ending June 30, 1979.
2. Brenda R. Ross was appointed as a member of the Parks, PB &R
• x x x x x Beaches & Recreation Commission to fill the unexpired Comsn
term of John Payne, ending June 30, 1978.
3. A letter dated January 27, 1976 from the Cliff Haven Cliff
Community Association was presented requesting per - Haven
mission to place a community identification sign Sign
adjacent to the public right -of -way of Cliff Drive
midway between Dover Drive and Kings Place.
A report was presented from the Community Development
Department.
x The request of the Cliff Haven Community Association
x x x x x in connection with the placement of a community
identification sign was approved.
4. A report was presented from the Public Works Director Curb Cut/
regarding abandoned curb cuts in Corona del Mar.. Abatements
Frank Jank, president of the Corona del Mar Chamber
Volume 3U - Paee 46
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CITY OF NEWPORT BEACH
MINUTES
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of Commerce, and Paul Hummel, immediate Past President
of the Corona del Mar Civic Association and originator
• of the letter from the Association regarding the curb
cuts, addressed the Council and urged that the curb
cuts be filled.
ion x Councilman ruehn made a motion to direct the staff to
abate the unused curb cuts and driveway approaches in
old Corona del Mar using Chapter 13.07 of the Munici-
pal Code, giving priority to those curb cuts on East
Coast Highway.
tion x Mayor McInnis made a substitute motion to direct the
s K x x x x x X staff at City expense to close the unused curb cuts
and driveway approaches at the more critical locations
as time and funds are available, which motion carried.
CURRENT BUSINESS:
1. A report was presented from the Community Development Hillside
Department regarding the recommendations of the Dev
Planning Commission in connection with hillside devel-
opment.
tion x The recommendations of the Planning Commission were
s K x x x x x I approved, and the staff was directed to prepare a
Council Policy Statement on Hillside Development for
consideration on March 22, 1976.
2. A letter from the Orange County Division of the League League of
of California Cities was presented regarding increased Calif Citie
staffing requirements with staffing alternatives and
funding requirements.
tion x The matter was postponed pending further information
es x x x x x x I on the League's reorganization plan. It was directed
that a letter be written to the League of Cities
advising them of this action, and the Council's
representative to the League was directed to make the
Council's position known to the Orange County Division.
3. A report was presented from the City Manager regarding CdM
acquisition of property in Corona del Mar for the State Lots/
Senior Citizens' facility. Acquisition
Resolution No. 8714, accepting the offer of the State R -8714
Department of Transportation to sell certain State -
owned property to the City of Newport Beach and
authorizing the Mayor and City Clerk to accept the
Grant Deed for said property and further authorizing
the Mayor and City Clerk to execute a Deed of Trust
and Installment Note - interest included for the
tion x balance of the purchase price (Parcel No. 041339- 01 -01,
es K x x x x Y N Corona del Mar), was adopted.
4. A report was presented from the City Manager's Admin- PCH
istrative Assistant regarding bid results for sublease City
of the Coast Highway Parking Lot. Prkg Lot
Suzanne Rudd, representing West Newport Beach Improve-
ment Association, and Bob Abbott addressed the Council
in support of the proposal for tennis courts on the
Coast Highway Parking Lot.
Volume 30 - Page 47
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CITY OF NEWPORT BEACH
MINUTES
CALL OF�129CZiPO��a�pW
March 8, 1976 INDEX
Tom Rogers addressed the Council in connection with
the bid he had submitted for the sublease of the
/
parking lot.
n
Councilman Store made a motion to adopt Resolution
R -8715
No. 8715, authorizing the execution of an agreement
between the City and Bob Abbott in connection with
the subleasing of the Pacific Coast Highway Parking
Lot for recreational vehicle parking; and to direct
the staff to further investigate the proposal by Mr.
Abbott for a tennis center at the Coast Highway Park-
ing Lot.
Councilman Ryckoff asked that the motion be amended
to fix a time limit for the consideration of the
tennis court development, and a "reasonable time"
limitation was set, which was accepted by the maker
of the motion.
x
x
x
x
x
A vote was taken on Councilman Store's amended motion,
which motion carried.
A recess of five minutes was declared. ,
The Council reconvened with all members present except
Councilman Rogers.
n
C
5. Paul E. Wickman was appointed to the Civil Service
Civil
x
x
x
x
Board to fill the unexpired term of Oren L. King,
Service
x
ending June 30, 1977.
Board
6. A letter from Arthur Smith, Attorney at Law, was
Business
presented asking for a pro rata refund on his
License
business license in connection with his law office
Tax
which closed February 27, 1976.
n
x
Mr. Smith's request was denied.
x
x
x
x
.t
7. A letter from the Mariners Mile Co. was presented
Bldg Excise
regarding the assessment of $6,706.25 for new
Tax/
construction in accordance with Sections 3.12.020 -
Mariners
3.12.135 of the Municipal Code, and asking for
Mile
waiver and return of the fee.
A report was presented from the Community Development
Department to the City Manager.
Vin Jorgenson, partner in Mariners Mile Co., and
Ned McCune, owner of property in Mariners Mile,
addressed the Council and urged waiver of the
construction fee.
m
x
Councilman Barrett made a motion to eliminate the
excise tax for the Mariners Mile Co.
Vice Mayor Dostal asked that the motion be amended
to include direction to the staff to come back with
an ordinance that would exempt cases such as this in
the future, which was accepted by the maker of the
motion with the stipulation that the exemption be
limited to the previous square footage of the
property.
Volume 30 - Page 48
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CITY OF NEWPORT BEACH
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.L CAL
March 8, 1976 INDEX
�s
x
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A vote was taken on Councilman Barrett's amended
motion, and the excise tax was waived.
8. A letter from Dennis E. Braeutigam was presented
Upper
requesting funds to provide a model of the Upper Bay
Newport
Ecological Reserve.
Bay
Mr. Braeutigam addressed the Council regarding the
proposed model.
Ray Williams, President of Friends of Newport Bay,
addressed the Council in support of the project.
=ion
x
Councilman Ryckoff made a motion for the City to
contribute $200 toward the project.
Lion
x
Vice Mayor Dostal made a substitute motion to con-
tribute $400 out of Unappropriated Contingency
Reserve, provided that the model would be owned by
the City with the understanding that it would be
available to any organization for exhibition puposes.
as
x
x
x
x
x
7
A vote was taken on Vice Mayor Dostal's motion, which
sent
I
motion carried.
CONSENT CALENDAR:
Lion
x
The following items were approved by one motion affirming
es
K
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x
x
x
x
the actions on the Consent Calendar:
s•
1. The following ordinance was introduced and passed to
second reading on March 22, 1976:
(a) Proposed Ordinance No. 1659, being, AN ORDINANCE
Dogs/
OF THE CITY OF NEWPORT BEACH ADDING SECTION
Penalties
7.04.055 ENTITLED "PENALTY" TO CHAPTER 7.04
0 -1659
(DOGS) OF TITLE 7 OF THE NEWPORT BEACH MUNICIPAL
CODE. (Exhibit) (Report from City Attorney)
2. The following resolutions were adopted:
(a) Resolution No. 8716 appointing Election Officers
General
and establishing their compensation, designating
Municipal
polling places, and providing for the opening
Election
and closing of the polls for the General Munici-
R -8716
pal Election to be held on April 13, 1976.
(b) Resolution No. 8717 authorizing the execution of
PB &R
an agreement between the City and Powered by
R -8717
Nature Childrens' Outdoor Recreation Program to
provide boats for an ocean and sailing instruc-
tion program. (Report from the Parks, Beaches
and Recreation Director)
(c) Removed from Consent Calendar.
(d) Removed from Consent Calendar.
(e) Resolution No. 8718 increasing the authorized
Personnel
strength of Police Sergeants in the Police
R -8718
Department from 20 to 21 and decreasing the
Volume 30 - Page 49
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CITY OF - NEWPORT BEACH MINUTES
March 8, 1976 INDEX
Police Officers from 94 to 93. (Report from the
City Manager)
(f) Resolution No. 8719 reaffirming various standing Council
and ad hoc City Council Committees and deleting lCmtes
the Special Census Committee and the Redistrict- R -8719
ing Committee and repealing Resolution No. 8704.
3. The following communications were referred as in-
dicated:
(a) To Community Development Citizens Advisory Carden
Committee for study and report back, letter from School
The Carden School of Corona del Mar requesting a
renewal of their lease for the property at Fifth
and Marguerite, Corona del Mar. (Exhibit)
(b) To staff for investigation and reply, letters Street
from Bob Ghiglieri and Jeff McGregory regarding Cleaning
the effect of the street cleaning signs on small JUM
businesses in certain areas of Corona del Mar.
(Exhibit)
(c) To staff for reply, letter from D. I. Johnson Street
,regarding the street signs in Corona del Mar in Cleaning
connection with the street sweeping program. CdM
(Exhibit)
(d) To staff for reply, letter from Robert G. Grower Street
regarding the parking ban for street sweeping and Cleaning
a parking ticket he received as a result of the CdM
signs. (Exhibit)
(e) To Community Development Department for report Bldg
back, a letter from the Bluff's Home Owners Permits/
Association regarding the issuing of building Bluffs
permits in the Association's area. (Exhibit)
(f) To the City's representative to the Orange OrCo
County Health Planning Council, a letter from the Health
Health Planning Council calling for nominations Ping
for Speaker of the Assembly. (Exhibit) Council
(g) To Pending Legislation Committee, letter from the IGarbage
California Refuse Removal Council protesting Disposal/
League of Cities Legislative Bulletin 4 {8 -1976 as Comm'1
regards AB 1938 and urging support of this
legislation. (Exhibit)
4. The following communications were referred to the
City Clerk for filing and inclusion in the records:
(a) Letter to Mayor McInnis from Elizabeth Sadler
expressing her appreciation for the removal of
the street sweeping signs on Ocean Boulevard.
(Exhibit)
(b) Letter to Mayor McInnis from Noel Williams
expressing his appreciation for the services of
the paramedic unit recently when he suffered a
heart attack in the lobby of the Marriott Hotel.
(Exhibit)
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(c) Letter to Mayor McInnis from Patricia and James
Finn expressing their gratitude to the Fire
Department for their performance in connection
with the San Clemente fire of January 21, 1976.
(Exhibit)
(d) Letter from Norman N. Tillner protesting the
action of the Planning Commission in denying
Variance No. 1052 (a request to exceed the height
limit on Hazel Avenue). (Exhibit)
(e) Letter from the State Resources Agency, Division
of Oil and Gas offering assistance and the cooper-
ation of their office in connection with proposed
land development and construction projects as
well as preparation of local regulations or
ordinances pertaining to oil, .gas or geothermal
development. (Exhibit)
(f) Invitation from the Orange County Criminal
Justice Council to attend a display of a program
entitled "Crime Prevention Show on Wheels Pro-
gram". (Copies sent to Council)
(g) Invitation from the Sea and Sage Branch of the
National Audubon Society to its 19th Annual
Conservation Dinner on March 19, 1976. (Copies
sent to Council)
ROLL CAI
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CITY OF NEWPORT BEACH
March 8. 1976
MINUTES
INDEX
5. The following claims were denied and the City Clerk's
Claims
referral to the insurance carrier was confirmed:
(a) Claim of Patel Rent A Car D /B /A Thrifty Rent a
Patel
Car for damage to their rental car allegedly
Rent A Car
caused when it was struck from behind by a City
DBA Thrifty
vehicle 103 feet east of Jasmine, Pacific Coast
Rent A Car
Highway, Newport Beach on January 25, 1976.
(b) Claim of Leo F. Hanna for damage to his automo-
Hanna
bile, allegedly caused when he was struck from
behind by a City vehicle at Marine Avenue 54 feet
north of Balboa Avenue on January 29, 1976.
(c) Claim of Esther Sandler Rayden for personal
Rayden
injuries, allegedly sustained when she was in-
volved in an accident with another vehicle at the
intersection of Bristol and Campus on December 5,
1975 due to the malfunction of a traffic signal
and allegedly due to negligence on the part of
the City.
(d) Claim of Kenneth H. Appleby for damage to his
Appleby
automobile, allegedly caused when he drove over a
temporary water line across "J" Street at East
Ocean Boulevard on February 7, 1976 and tore up
his muffler system.
6. The Acting City Clerk's referral of the following
Claim
•
claim to the City Attorney for appropriate action was
confirmed:
(a) Summons and Complaint for Refund of Taxes Paid
Vaughn
Under Protest of Gordon C. Vaughn, Case No.
242299 in Orange County Superior Court.
7, The following staff reports were received and ordered
filed:
(a) Report from the City Attorney regarding the
Oil Well
City's share of the attorneys' fees in connection
Drilling/
with the Outer Continental Shelf. (Exhibit)
Offshore
(b) Report to the City Manager from Mestyanek &
American
Mestyanek regarding their limited examination of
Legion
the lease agreement between the City and Newport
Post 291
Harbor Post 291 of the American Legion. (Copies
attached for Council only)
(c) Report from Mestyanek & Mestyanek regarding their
Revenue
examination of the Revenue Sharing Funds for the
Sharing
year ended June 30, 1975. (Copies attached for
Council only)
(d) Removed from Consent Calendar.
8. The following matter was set for public hearing on
March 22, 1976:
(a) Tentative Map of Tract No. 8737, a request of
Tract 8737
Mariners Savings and Loan Association, Newport
Beach, to create one parcel of land for condo-
minium medical office development; located at 320
Volume 30 - Page 52
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CITY OF NEWPORT BEACH
MINUTES
°ASS
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9�%TmA'A
March 8, 1976 INDEX
Superior Avenue, across Hospital Road from
Versailles -on- the - Bluffs; zoned A -P. (Report
•
from the Community Development Department)
9. The plans and specifications for the repair of the
Goldenrod
Goldenrod Avenue Pedestrian Bridge were approved; and
Footbridge
the City Clerk was directed to advertise for bids to
be received and opened on March 29, 1976 at 10:00 A.M.
(Report from the Public Works Director)
10. The public improvements in connection with Resub-
Resub 460
division No. 460, located on the easterly side of
Jamboree Road between Santa Barbara Drive and San
Joaquin Hills Road, were accepted. The City Clerk was
authorized to release the surety for faithful per -
formance bond (No. S 180115); and to release the
surety for labor and materials bond (No. S 180115) in
six months provided no claims have been filed.
(Report from the Public Works Director)
11. The public improvements in connection with the Lido
Lido Villag
Village Development (Use Permit No. 1636) on Via
UP 1636
Oporto from Via Lido to Central Avenue, subject to the
provisions of an "Agreement and Declaration of Cove-
nants between Landowners" dated September 5, 1973 were
accepted. The City Clerk was authorized to release
the surety for faithful performance Bond No. 2428803.
12. The work in connection with the alley improvements on
Alley Impr/
Balboa Island, 1975 -76 (C -1748) was accepted; and the
B I
•
City Clerk was authorized to file a Notice of Com-
1975 -76
pletion and to release the bonds 35 days after Notice
of Completion has been filed. (Report from the Public
,Works Director)
13. The work in connection with the alley improvements
Alley Impr/
on Balboa Peninsula, 1975 -76 (C -1753) was accepted;
Balboa Peni
and the City Clerk was authorized to file a Notice of
1975 -76
Completion and to release the bonds 35 days after
Notice of Completion has been filed. (Report from the
Public Works Director)
14. The staff was authorized to retain an appraiser to
203 -35th St
determine the fair market value of 203 35th Street
&
(Lot 23, Block 135, Lake Tract) and of 200 44th Street
200 -44th St
(portion of Lot 2, Block 143, Canal Section). (Report
Acquisition
from the Public Works Department)
15. The following maintenance harbor dredging permit
Harbor
application was approved, subject to the conditions of
Permit
approval under the blanket maintenance dredging permit
issued by the U. S. Army Corps of Engineers: 4!150 -6,
Robert Gaylord, 446 Collins Island. (Report from the
Marine Department)
16. Councilman Peter Barrett was authorized to attend the
Travel
Southern California Association of Governments Task
Authoriza-
Force meeting in Washington, D.C. on March 10, 1976.
tion
17. Removed from Calendar.
Consent
18. The following Budget Amendment was approved:
BA -57, removed from the Consent Calendar.
Volume 30 - Page 53
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COUNCILMEN
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CITY OF NEWPORT BEACH
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ITEMS REMO`
1. A rep
tegar
and P
domes
x
x
x
x
N
(a)
n ox
x
(b)
X
X
x
X
x
2. Propo
CITY
NEWPO
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The f
tion
petit
the C
Hegna
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Counc
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x
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Ordin
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3. A rep
Depar
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Mayor
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Avot
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carri
176
MINUTES
$150 transfer of Budget Appropriations for
:arial service for Litter Control Committee, from
-opriated Contingency Reserve to Nondepartmental,
tl Departmental Expense, General Fund.
TED FROM THE CONSENT CALENDAR:
INDEX
)rt was presented from the Public Works Director 1water
ling the requests of William L. Periera Associates
acific Telephone and Telegraph Company requesting
:ic water service outside the City.
iesolution No. 8720, authorizing the execution of R -8720
i contract to serve water outside the City to
?illiam L. Pereira Associates, was adopted.
i resolution authorizing the execution of a con- Water
tract to serve water outside the City to The
?acific Telephone and Telegraph Company was
:ontinued to March 22, 1976.
sed Ordinance No. 1660, being, AN ORDINANCE OF THE Skateboards
)F NEWPORT BEACH ADDING CHAPTER 12.27 TO THE 0 -1660
IT BEACH MUNICIPAL CODE ENTITLED "SKATEBOARDING
iTIONS," was presented.
allowing people addressed the Council in opposi-
to the ordinance: Bill Sharpe, who presented a
ion bearing 350 signatures of young residents of
ity opposed to the ordinance; Chip Burden; Hans
and Helen Kieron.
MacKenzie addressed the Council in support of
ance.
ilman Barrett made a motion to postpone the
auction of the ordinance for two weeks.
ilman Store made a substitute motion to introduce
ance No. 1660 and set for public hearing on March
976, which motion carried.
Drt was presented from the Community Development I Drainage/
tment regarding the concern of the Bluffs Home- lEastbluff
s Association over the drainage problems in the
luffs area.
McInnis made a motion to send the information
t from the Community Development Department to
s Homeowners Association.
er Purcell, Manager of the Bluffs Homeowners
iation, addressed the Council regarding their
age problem.
e was taken on Mayor McInnis' motion, which mot
ed.
Volume 30 - Page 54
COUNCILMEN
\71r N 3' O F O ROLL CALL
Motion
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Motion
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Motion
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Motion
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Motion
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Motion
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CITY OF NEWPORT REACH MINUTES
p�
s aAN March 8, 1976 INDEX
x
4. A report from the City Attorney in connection with
Council
x
x
x
x
x
Section 403 of the Charter regarding Council absence
Absence
was ordered filed.
x
5. A report from the City Manager regarding the appropri-
Ensign
•
x
x
x
x
x
ation of funds for Ensign View Park was referred to
View
the Parks, Beaches and Recreation Commission.
Park
ADDITIONAL BUSINESS:
x
1. The Mayor was directed to send a letter reflecting the
SB 1550
•
x
x
x
x
x
Council's opposition to SB 1500, which incorporates a'
major plan for reorganization of the Califorornia
trial courts into a single trial court.
x
2. The Mayor was directed to send a letter reflecting the
AB 3000
X
x
x
x
x
Council's opposition to Assembly Bill 3000, which
would guarantee lifetime tenure for peace officers.
x
3. An appraisal of the property at Bayside and Marine
x
x�x
x
x
Avenues was authorized at an approximate cost of
$3,000; the appraisal to reflect the value of the
property with and without slip rights.
x
4. Vice Mayor Dostal was authorized to attend two meet-
Travel
x
x
x
x
x
X
ings of the National League of Cities Environmental
Authoriza-
Quality Committee outside the City.
tion
x
The meeting was adjourned at 10:00 P.M.
x
x
x
x
i
Mayor
ATT ST:
City C k
Volume 30 - Page 55