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Home My WebLink About12/23/1974 - Regular MeetingCOUNCILMEN P m PO nP p ;Z,�`9PP \A'11 ROLL CALL \PN 6 pr N�1Z \ Pent Motion Ayes Motion Ayes Mo• n Ayes Motion Ayes Motion Ayes • d f !. (�l I•' 3 �� ir� 11 {�7 Ti d G � .�' i �" REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: December 23, 1974 Roll Call. The reading of the Minutes of the Regular Meeting of December 9, 1974 was waived, and said Minutes were ap- proved, as amended, and ordered filed. The reading in full of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. HEARINGS: MINUTES 1. Mayor McInnis opened the public hearing in connection with Ordinance No. 1591, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20.08.110 AND REPEALING SEC- TION 10.08.120 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO TEMPORARY USES IN ANY COM- MERCIAL, INDUSTRIAL OR PLANNED COMMUNITY DIS- TRICT, Planning Commission Amendment No. 440, to provide for temporary uses in any commercial, industrial or Planned Community District, subject to the securing of a use permit in each case. A report was presented from the Community Development Department. The hearing was closed after it was determined that no one desired to be heard. Ordinance No. 1591 was adopted. ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1592, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMEND- ING SECTION 12.12.060 OF THE NEWPORT BEACH MUNICIPAL CODE TO ESTABLISH A PARKING PERMIT SYSTEM FOR THE PACIFIC COAST HIGHWAY CITY PARK- ING LOT, providing for monthly and quarterly rates, was presented. Ordinance No. 1592 was adopted. CONTINUED BUSINESS: 1. A report was presented from the Community Development Department regarding an off -site parking agreement in connection with Amended Use Permit No. 1566, which allows expansion of an existing restaurant (Pirates Inn) with approved on -sale alcoholic beverages within 200 feet of a residential district, located at 440 Heliotrope Avenue on the southeasterly side and westerly of East Coast Highway in Corona del Mar, zoned C -1. Volume 28 - Page 304 INDEX Temporary Use Permits PCH City Parking Lot Off -site Parking/ Pirates Inn COUNCILMEN C17Y OF NEWPOR7 BEACH ROLL CALL_ \'1 • Motion Ayes Motion Ayes Motion Ayes i 1 L_J Motion Ayes Noes Motion Ayes E xl x x 131 23, 1974 An opinion was presented from the City Attorney regarding vested rights. MINUTES The following letters opposing off -site parking for the Pirates Inn were received after the agenda was printed: Mary Beery, Eloise Kloke, Mr. and Mrs. Lawrence Kerr, Mr. and Mrs. John Davison, Mr. and Mrs. Steven Matchura, Mr. and Mrs. William Fisk, Muriel Griffith, Donald Kollanse and Shirley Shutt. A letter from Fred Smith in favor of the off -site parking was received after the agenda was printed. Paul Hummel addressed the Council in opposition to off -site parking and submitted a petition bearing twenty -four signatures of residents in the immediate area expressing their opposition to the off -site parking agreement. He was allowed ten minutes for his presentation. Mr. Hummel was granted an additional minute for his presentation. John Soukeras, owner of Pirates Inn, addressed the Council and was allowed an additional five minutes for his presentation. Joel Malley and Mona Shelton, owner of the Mona Lisa Shop, addressed the Council in favor of the off -site parking agreement. i It. Soukeras addressed the Council and requested a recess to consider the terms of the agreement. With the unanimous consent of the Council, Mayor McInnis declared a five minute recess. The meeting reconvened with all members present. Mr. Soukeras and Mrs. Hummel again addressed the Council. Leonard Morgan, addressed the Council against the off -site parking agreement. The proposed off -site parking agreement between the City and John E. Soukeras for the Pirates Inn was denied. INDEX Resolution No. 8408, establishing the duties and Bicentennial responsibilities of the Bicentennial Citizens Ad- Citizens virory Committee, was adopted; and the appointment of dv Cmte the following officers was confirmed: Les Steffenson R -8408 as Chairman, James Felton as Vice Chairman and Carol Blanchard as Secretary. Volume 28 - Page 305 Ielm .L Mot Ay Mo Ay e M Ay e Mo Ay Mo Ay e Ab s COUNCILMEN MINUTES L CALL N * * o of 0 0 S SZ a apR D December 23, 1974 I INDE; Bicenteni iial ROL Mo Aye COUNCILMEN \pF o$�Z�F�ppT �o CITY OF NEWPORT BEACH MINUTES L CALL �� T ➢f m 2 am December 23, 1974 INDEX CONSENT CALENDAR: n x The following items were approved by one motion affirming a x x x x x x i the actions on the Consent Calendar: 1. The following ordinance was introduced and passed to Sewer second reading on January 13, 1975: Connections Outside City Proposed Ordinance No. 1594, being, AN ORDINANCE OF 0 -1594 THE CITY OF NEWPORT BEACH AMENDING SECTION 14.24.100 PERTAINING TO PERMITS FOR SEWER CONNECTIONS ON PROP - ERTY LOCATED OUTSIDE THE CITY BOUNDARIES. 2. The following resolutions were adopted: Resolution No. 8410 requesting the County of Orange Superior to include within the Arterial Highway Financing Ave Program for fiscal year 1975 -76 the widening of a Widening portion of Superior Avenue; between Dana Road and R -8410 Industrial Way (C- 1665). (A report from the Public Works Director was presented.) Resolution No. 8411 requesting the County of Orange MacArthur to include within the Arterial Highway Financing Blvd Program for fiscal year 1975 -76 the widening of a Widening portion of MacArthur Boulevard; 1180 feet southerly R -8411 of Port Sutton to Eastgate (C- 1666). (A report from the Public Works Director was presented.) Resolution No. 8412 requesting the County of Orange Jamboree to include within the Arterial Highway Financing Road Program for fiscal year 1975 -76 the fill widening of Widening a portion of Jamboree Road; Eastbluff Drive North to R -8412 future University Drive North (C- 1673). (A report from the Public Works Director was presented.) Resolution No. 8413 establishing "No Parking" restric- Street tions on Balboa Island streets from 8:30 A.M. to Cleaning 12:30 P.M. on certain days in.connection with the R -8413 street sweeping program. (A report from the Public Works Director was presented.) Resolution No. 8414 authorizing the execution of a CdM High Joint Powers Agreement between the City of Newport School Beach and the Newport -Mesa Unified School District Tennis for resurfacing of Corona del Mar High School tennis Courts courts. (A report from the Parks, Beaches and Resurfacing Recreation Director was presented.) -8414 3. The following communications were referred as indicated: Referred to staff for inclusion in on -going study, Spyglass letter to Councilman Rogers from Dorothy Bowen urging Hill the preservation of a wilderness area in the Spyglass Canyon _ Hill canyon. Volume 28 - Page 307 ROLL CALL • L� C17Y OF NEWPOR7 BEACH MINUTES \v= � °a�"a °a � I a m December 23, 1974 )N( Referred to staff for review, letter from John and Baysh Harriett Andreson opposing an access to Bayshores through a signal at Marino Drive and Pacific Coast Highway. Referred to staff for review, letter from the Environ- Archa, mental Quality Control Citizens Advisory Committee log, urging that action be taken to hasten final considera- Counc tion of the City's proposed Archaeology Policy. Polic; Referred to City Attorney for preparation of the Commei appropriate resolution, letter from the Principal of tioi Canyon High School in Anaheim requesting a resolution commemorating J. Kenneth Fagans' significant contri- butions to high school athletics, the Southern California communities, and to young people for his April 3, 1975 retirement dinner. Referred to Pending Legislation Committee, copy of a Sugar resolution of the City of Cypress encouraging Cypress Consui residents to reduce their consumption of sugar. 4. The following communications were referred to the City Clerk for filing and inclusion in the records: Letter from Howard H. Morgridge expressing apprecia- tion for his appointment to the City Arts Commission. Letter from Congressman Hinshaw to the City Attorney Newpo regarding the proposed marina along the east bank of Merin .,the Santa Ana River. Copy of a letter from Congressman Hinshaw to the Newpo Chairman of the Public Works Committee of the House Merin of Representatives submitting a proposed resolution to fund a feasibility study by the U.S. Army Corps of Engineers for a small boat marina along the mouth of the Santa Ana River. Report from the Director of the Orange County Division of the League of California Cities on the Fifth Annual Congress of Cities held in Houston the first week in December. Copy of a letter from the owner of the Harbor Inn Motel to the Planning Commission opposing the pro- posed sign ordinance. Resolution of Seal Beach opposing the Federal Highway Administration and Urban Mass Transportation Adminis- tration (FHWA /UMTA) draft guidelines for a Transporta- tion Development Program (TDP) and urging FHWA /UMTA to work with the individual urbanized areas to develop a program applicable to that particular area. Agenda of the Board of Supervisors' meetings for December 10, 11, 17 and 18, 1974. Volume 28 - Page 308 )EX gyres �o- .cal _1 ida- L pption 't •t ROLL • Motion Ayes � CITY : i NEWPORT 1 �yt N=2mAepm December 23, 1974 MINUTES 5. The following claims were denied, and the City Clerk's referral to the insurance carrier was confirmed: Claim of Michael Williams for loss of his bicycle which was stolen on September 7 allegedly due to the chain securing the bicycle being cut by a City lifeguard. Claim of Union Oil Company of California for trash bin at its service station at 550 Vista del Oro allegedly damaged by the City trash truck on Octo- ber 25. Claim of Carol Crowder for damages to her car al- legedly caused by a City truck backing into her car at the Harbor View Shopping Center on November 19. Claim of Barry R. Smith for damage to his fence when a branch of a eucalyptus tree was blown down during a rainstorm at 313 Poppy, Corona del Mar, on December 4. Claim of FN David C. Bigelow, presented by Claims Officer Edward H. Robinson, for personal damages allegedly sustained when his motorcycle ran into a police car on September 8. 6. The following request to fill a personnel vacancy was approved: (A report from the City Manager was presented.) One Engineering Aid II in the Public Works Department to fill a position to be vacant. 7. The plans and specifications for the 16 -inch water main along Jamboree Road between Camelback Street and Eastbluff Drive North (C- 1635), were approved; and the City Clerk was authorized to advertise for bids to be opened at 10:30 A.M. on January 23, 1975. (A report from the Public Works Director was presented.) 8. The public improvements constructed in Tract No. 7953, located on the northeasterly side of MacArthur Boule- vard between Jamboree Road and Campus Drive (Koll Center Newport), were accepted; and the City Clerk was authorized to release Faithful Performance Bond No. 2- 062661 and to release the Labor and Materials Bond in six months provided that no claims have been filed. (A report from the Public Works Director was presented. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter from the Bluff Home Owners Association re- garding the future of the Back Bay Drive was referred to staff to study the possibility of reducing the speed to 10 or 15 miles per hour and to report back. Volume 28 - Page 309 INDEX Claims Williams Union Oil Co Crowder Smith Bigelow Jamb Rd Water Main Tract 7953 Back Bay Drive ROLL CALL 0 Motion Ayes Motion Ayes • Motion Ayes Motion Motion Ayes Ayes Noes Moon Ayes xi i December 23, 1974 MINUTES 2. Councilman Ryckoff made a motion to refer the Letter of Intent from The Irvine Company stating that they will reimburse the City 50% of the cost of the traffic signal at the intersection of Jamboree Road and Santa Barbara Drive upon recordation of a final map for Tract 8480 or upon the issuance of building permits for the site,to the City Clerk for filing and inclu- sion in the records. Councilman Store made a substitute motion to refer subject Letter of Intent to the City Attorney for evaluation and report back to Council, which motion carried. 3. A copy of a letter from S. E. Donaldson to the Big Canyon Country Club regarding coot shooting, and the Country Club's reply, were referred to staff for report. 4. A report was presented from the City Manager regard- ing Budget Amendment No. BA -33 for $4,605 for pur- chase of new furniture for the conference room and refurbish furniture for the City Attorney's office from Remodel City Hall to City Attorney- Services -Pro- fessional, Tech., etc. and Nondepartmental - Furniture and Fixtures, General Fund. Councilman Ryckoff made a motion to reduce the amount of BA -33 to $1,500. Councilman Store made a substitute motion to refer the matter to the Council Budget Committee for review and recommendation, which motion carried. 5. Proposed Ordinance No. 1593, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 6.08 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO FOOD - HANDLING ESTABLISHMENTS, was presented. Mayor Pro Tem Dostal made a motion to introduce Ordinance No. 1593 as amended and to pass to second reading on January 13, 1975. Sidney Soffer was granted an additional two minutes for his presentation in opposition to subject ordinance. A vote was taken on Mayor Pro Tem Dostal's motion, which motion carried. 6. A report was presented from the City Manager re- garding investigation of the Orange County Health Department per request of Sid Soffer. Sidney Soffer addressed the Council and requested further investigation. Subject report was ordered filed. Volume 28 - Page 310 INDEX Traffic Signal Coot Shooting BA -33 Food Sanitation 0 -1593 Food Sanitation I ROLL CALL • Motion Ayes Motion Ayes Motion Ayes • 0 December 23, 1974 ADDITIONAL BUSINESS: MINUTES 1. Resolution No. 8415, accepting certain lands and vehicular and pedestrian access areas located around Upper Newport Bay from The Irvine Company, was adopted. 2. Resolution No. 8416, authorizing the execution of a joint powers agreement between the City of Newport Beach, the County of Orange and the Orange County Flood Control District, establishing the Santa Ana River Flood Protection Agency, was adopted. Mayor McInnis' appointment as the City's representa- tive on the Santa Ana River Flood Protection Agency was confirmed. Mayor McInnis declared the meeting adjourned at 10:30 P.M. ATTEST: Ci Clerk Volume 28 - Page 311 11191i Upper Newport Bay R -8415 Santa Ana River Flood Protection Agency R -8416