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HomeMy WebLinkAbout11/11/1974 - Regular MeetingCOUNCILMEN CITY OF NEWPORT BEACH MINUTES \\\\ \\9\\ REGULAR COUNCIL MEETING o n R Place: Council Chambers P� a ROLL CALL N T9C F N12 aim 11Ulc. 1. >v r.ra. Date: November 11, 1974 INDEX Present x x x x Roll Call. 6 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 \C n% niA\AL.9p1� m-! MINUTES -CALL \�\ - \yVlr \g'Z a_'A 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 NC ROLL CALL • Motion Ayes Motion Ayes • Motion Ayes Motion Ayes �tion es Noes Ix 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 • Motion Ayes Noes Ayes Noes Motion Ayes 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. Volume 28 - Page 267 ROLL CAL u • E COUNCILMEN MINUTES .L 10 IN -N a m \ November 11, 1974 INDEX 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 B- v'a S 4 r << to BEACH COUNCILMEN CITY # • �� T MINUTES ROLL CALL C��"�����Z�+��� a ii 107A INDEX 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 2 MINUTES ROLL CALL �� Tv� N N =2 apt - ---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 KVi r. v ain [T. ramiz n 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 • Motion Ayes Motion Ayes r1 L J Motion Motion Ayes Noes Ayes ,- oes x 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 9 v ROLL CALL 4� E Motion Ayes Abstain Motion Ayes • Motion Ayes Motion Ayes Motion Ayes • FAIJAKIMM MINUTES O a N 9r A O N SZ p� 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 I INDEX DrCo Airport TICMAP PE r. o. w. W Npt R -8380 Council Policy Manual