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Home My WebLink About02/10/1975 - Regular MeetingROLL Pre A Noe Abs Mot Aye Abs Mot Aye 4 Mot Aye Mot Aye Noe COUNCILMEN CITY OF NEWPORT BEACH MINUTES \c \ \fL9 \sA REGULAR Council `Chambers CALL 11�\9lr\N \SZNAO\ Date: February 10, 1975 INDEX sent x x x x x 2 Roll Call. V n x The reading of the Minutes of the Regular Meeting of x x x January 27, 1975 was waived, and said Minutes were approved s x x as written and ordered filed. (Further action was taken tain x under "Additional Business. ") ion x The Minutes of January 13, 1975 were amended to delete the s K x x x x iiwording, "as amended to establish the Economic Goals Com- tain x mittee as an ad hoc committee," from Item 2 on page 13. The reading in full of all ordinances and resolutions ion x under consideration was waived, and the City Clerk was s K x x x x x xdirected to read by titles only. HEARINGS: 1. Mayor McInnis opened the public hearing for review and HUD adoption of an application for Federal Funds available Block through THE HOUSING AND COMMUNITY DEVELOPMENT ACT Grants OF 1974. More specifically, the Housing and Community Development Act provides funds to cities and counties for land acquisition, public works construction, rehabilitation, code enforcement, special projects for the elderly and handicapped as well as other activities for the improvement of urban communities. The Act further provides that the primary objective of the, grant program is to prevent or arrest conditions of slum or blight, to provide community facilities and services, especially to families of low and moderate ' income, and to assist emergency community needs. A report was presented from the Community Development Department. A letter from the Newport -Mesa Unified School District indicating interest to work with the City and County for possible joint use of HCD funds was presented. The following people addressed the Council opposing an HUD block grant: Spencer Marquis, Arvo Haapa, The following people addressed the Council in favor of an HUD block grant: Margaret Stivers, Ruth Kahn, Gwen Felton and Ann'Smith. ion The hearing was closed after it was determined that no S x x x x x x one else desired to be heard. ion x The following resolutions were adopted, and the staff s C x x x x was directed to forward the Application to the County s K x of Orange as the City of Newport Beach's component application: Resolution No. 8434 adopting the Application for R -8434 Federal Assistance pursuant to the Housing and Community Development Block Grant Program.' Resolution No. 8435 certifying compliance with R -8435 the assurances of the Housing and Community Development Act of 1974. Volume 29 - Page 29 ROLL CALL • Motion Ayes Motion Ayes Men Ayes Notion Ayes Mein Ayes NCILMEN My (OF NEWPORU BEACH February 10, 1975 MINUTES 2. Mayor McInnis opened the public hearing regarding the Tentative Map of Tract No. 8835, subdividing 18.169 acres into six lots for residential condominium development where three lots now exist, Lots.3, 4 and 5 (Tract No. 7989), located northerly of 19th Street and westerly of Whittier Avenue in the Newport Terrace Planned Community; zoned P -C. A report was presented from the Community Development Department. The hearing was closed after it was determined that no one desired to be heard. The Tentative Map of Tract No. 8835 was approved, subject to the conditions recommended by the Planning Commission 3. Mayor McInnis opened the public hearing in accordance with Section 5.14.150 of the Newport Beach Municipal Code for the purpose of determining whether ambulance rate schedules for Seal's Ambulance Service should be changed to increase their base rate from $35.00 to $40.00 and their mileage rate from $1.50 to $2.00 per mile. A report was presented from the City Manager. A letter from Seal's Ambulance Service was presented requesting a 30 -day continuance of the hearing. The hearing was continued to March 10, 1975. ORDINANCES FOR ADOPTION, 1. Amended 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 ES- TABLISHMENTS, was presented for second reading. Ordinance No. 1593 was adopted. 2. Ordinance No. 1599, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 1.20 OF THE NEWPORT BEACH MUNICIPAL CODE DEALING WITH LOST AND UNCLAIMED PROPERTY, reducing the holding period from six months to three months, was presented for second reading. Ordinance No. 1599 was adopted. Volume 29 - Page 30 INDEX Tract 8835 Seal's Ambulance Food Sanitation Unclaimed Property R COUNCILMEN O C 177 Od NEWPO VII MQC H MINUTES LL CALL r $ p Februar 10 1975 INDEX 3. Emergency Ordinance No. 1600, being, Bicycle License AN ORDINANCE OF THE CITY OF NEWPORT BEACH • AMENDING CHAPTER 12.56 OF THE NEWPORT BEACH MUNICIPAL CODE BY REPEALING SECTIONS 12.56.010 THROUGH 12.56.060 AND SECTIONS 12.56.110 AND 12.56.120; ADDING SECTIONS 12.56.010 THROUGH 12.56.090; AND, FURTHER ADDING SECTION 12.56.110, RELATING TO THE LICENSING OF BICYCLES, to be adopted as an urgency measure to conform to new State bicycle licensing legislation, was presented. A report was presented from the City Attorney. Emergency Ordinance No. 1600 was introduced, the Motion x reading in full was waived, and Emergency Ordinance Ayes K x x x x x X No. 1600 was adopted. CONTINUED BUSINESS: 1. A report was presented from the Marine Department Harbor regarding Harbor Permit Application 11221 - 081 of Permit Delaney's Cannery Village (Mr. James Schmitz) to revise existing slips and to construct a new bulkhead. Delaney's Cannery Councilman Barrett stepped down from the Council Village . table due to a possible conflict of interest. Mon x Councilman Ryckoff made a motion to approve Harbor Permit Application 11221 -081, subject to approval of the U. S. Army Corps of Engineers and to the con- ditions recommended by staff. Councilman Rogers requested an amendment to the motion to further condition the approval subject to the facilities meeting Municipal Code requirements, which amendment was accepted by the maker of the motion. Ayes r C x x x x A vote was taken on Councilman Ryckoff's amended Absent x motion, which motion carried. Councilman Barrett returned to the Council table. 2. Councilman Rogers' (District 1) appointment of Bicen- Caroline Clucas as a voting member on the Bicentennial tennial Motion C Citizens Advisory Committee to replace Paul J. Citizens Ayes K K x x x x x Gruber, who had resigned, was confirmed. Adv Cmte Councilman Store's (District 7) appointment of John L. Motion x Curci as an alternate on the Bicentennial Citizens Ayes C K x x x x x Advisory Committee was confirmed. CURRENT BUSINESS: 1. A report was presented from the Community Development Tract 8835 Department regarding the Final Map of Tract No. 8835, • subdividing 18.169 acres into six lots for residential condominium development where three lots now exist, Lots 3, 4 and 5 (Tract No. 7989), located northerly Volume 29 - Page 31 ROLL CALL Son Ayes Motion Ayes Lion Ayes Motion Ayes COUNCILMEN CITY OF NEWPORT BEACH MINUTES 975 of 19th Street and westerly of Whittier Avenue in the Newport Terrace Planned Community; zoned PC. The Final Map of Tract No. 8835 was approved, subject the conditions recommended by the Planning Commission. 2. A letter from Mary Kay Heebner and Mr, and Mrs. Joseph Rizzo requesting to appear before the City Council regarding enforcement of the animal control law was presented. The following people addressed the Council complaining about animal litter and violations of the leash law in Corona del Mar and other areas of the City, and requesting stricter enforcement of the animal control law: Mary Kay Heebner, Joseph Rizzo, Jerry King, Howard McComb and Karen King. The matter was referred to the Litter Control Citizens Advisory Committee; and the staff was directed to report back on ways of mitigating the problems. 3. A letter from Lynda Morse was presented with a petition bearing 19 signatures of residents of 21st Street asking to appear before the Council to request immediate action to alleviate the parking problems created by the Spaghetti Factory restaurant. Bill Webb and Pat Barnes addressed the Council the parking problems on 21st Street. The staff was directed to instruct the Spaghetti Factory owner to immediately install all the required parking and to stop his employees from parking on 21st Street; and staff was also directed to report back at the February 24 Study Session with alternatives for alleviating the parking problems in the area. 4. A report was presented from the Public Works Depart- ment regarding the water main in Jamboree Road from Camelback Street to Eastbluff Drive (north), Contract No. 1635. The bids received from Robert L. Berard and Jade Construction Company were rejected; the informalities in the bid received from C & D Pipeline Company were waived; and Resolution No. 8436, awarding a contract to C & D Pipeline Company for improvements in con- nection with water main - Jamboree Road - Camelback Street to Eastbluff Drive, Contract No. 1635, was adopted. i. A report was presented from the Parks, Beaches and Recreation Director regarding increased rental for lease of State -owned property consisting of one -story concrete block office building, known and designated as 204 Riverside Avenue. on The staff was directed to give immediate notice s x x x x to the State of the City's intention to terminate the lease authorized by the City on January 9, 1967. Volume 29 - Page 32 INDEX Animal Control Spaghetti Factory Water Main/ Jamb Rd R -8436 204 River- side Av ROLL CALL_ es on u • ACILMEN CITY OF NEWPORT BEACH MINUTES nce c/ ne ary ation February 10, 1975 INDE CONSENT CALENDAR: x The following items were approved by one motion affirming : x x x s the actions on the Consent Calendar: 1. The following ordinance was introduced and passed to second reading on February 24, 1975: Proposed Ordinance No. 1601, being, AN ORDINANCE OF Parking THE CITY OF NEWPORT BEACH AMENDING SECTION 12.12.060 Permits OF THE NEWPORT BEACH MUNICIPAL CODE TO ESTABLISH A 0 -1601 PARKING PERMIT SYSTEM FOR THE PACIFIC COAST HIGHWAY CITY PARKING LOT. (A report was presented from the City Attorney) 2. The following resolution was adopted: Resolution No. 8437 awarding a contract to the Insura Imperial Insurance Company for the City's general R -8437 liability and automobile insurance. (A report from City Manager was presented.) 3. The following communications were referred as indi- cated: Referred to the Traffic Affairs Committee for study, Traffi petition requesting top priority to study the vehicular CdM and pedestrian traffic at the intersection of East Coast Highway and Orchid Avenue in Corona del Mar, and letters requesting a traffic signal at said intersection from Helen Frank, R. A. Summers, Susan Ryder, Marian Evans, and Ivan W. Erhardt. Referred to staff, letter to Mayor McInnis from the Gasoli Intergovernmental Coordinating Council regarding the Tax SCAG recommendation for a new gasoline tax of 100 per gallon and asking that Council develop a position and let SCAG officials know how they feel. Referred to Pending Legislation Committee, resolution OrCo of Costa Mesa urging the Orange County Board of Airpor Supervisors to develop commercial air facilities on the westside of the Orange County Airport. 4. The following communications were referred to the City Clerk for filing and inclusion in the records: Letter from the City of Los Angeles advising that Oil they are mailing a copy of the Analysis of the Sanctu Department of the Interior °s Environmental Impact Legisl Report in connection with federal offshore oil leasing proposals. Copy of a letter from Congressman Hinshaw to the City West Manager regarding a feasibility study for a small Newpor boat marina. Marina Letter to the City Manager from Perez & Hurtado, architects, asking to be considered for architectural Volume 29 - Page 33 nce c/ ne ary ation ROLL CALL • r I� • UNCILMEN CITY OF NEWPORT i d'-3 E 10, 1975 and engineering services in connection with com- munity facilities to be constructed under the 1974 Housing and Community Development Act. MINUTES Letter to Mayor McInnis from the City of Cypress inviting Council to a special session for Council persons on labor relations to be presented by Labor Relations Committee of the Intergovernmental Co- ordinating Council. Notice from the Local Agency Formation Commission of hearing on February 13 regarding proposed annexation to the City of Costa Mesa designated Larmor Annexation. Resolution of El Segundo opposing the element of powers, funding and government of the South Coast Regional Coastal Commission. Resolution of Seal Beach in support of the present method of selecting directors to the Orange County Transit District Board (OCTD) and opposing direct election of Board members. Resolution of Fullerton requesting Board of Super- visors to set up informational procedures pertaining to notification of segregation applications. Letter to City Clerk from County Health Department advising of the transfer of the vector control funct from the Health Department to the Mosquito Abatement District. Notice from Greygound Lines of their application to the Public Utilities Commission for a rate increase. Supplementary notice from Pacific Telephone Company giving date and place for hearings on their appli- cation before Public Utilities Commission for rate increase. Notice from Public Utilities Commission of preheating conference in connection with application of Southern California Gas Company for a rate increase. Agenda of the Board of Supervisors for meetings held January 28, 29 and February 4 and 5, 1975. Letter from Action Committee of Orange supporting Assemblyman Briggs' Bill regarding election of the directors of the OCTD, and letter from Assemblyman Briggs asking for support for his legislation with copy of City Clerk's reply. Letter from The Irvine Company regarding conceptual urban design planning for the Castaways site. Copies of letters addressed to the Planning Commission opposing development of Tract 8680 from Harold and Volume 29 - Page 34 INDEX Castaways Site ROLL C, 0 is A COUNCILMEN \-\Wn't \\ G9 \Na L L �N��r_L11Z� �'A 7 _ 1 1 5. I 1 I I I I 1 i I I 1 I i 1 I 1 1 5 MINUTES 'ebruary 10, 1975 INDEX larie Buckey, Frank and Marie L. B. White, Virginia ind William C. Vosburg, E. J. England, Maxine Lund- )erg and Christyne A. Byron. Che following claims were denied, and the City Clerk's Claims -eferral to the insurance carrier was confirmed: :lain of Marianne E. Cox for cost of cleaning suede Cox :oat allegedly soiled as a result of. slipping on ;reasy sidewalk bordering Shell Station on corner of ;oast Highway and Riverside Drive on January 17, L975. 'laim for personal injuries of Judy Kay Robinson Robinson :sled by Attorney Dick Runels, alleging police mis- :reatment at an ocean front apartment in Newport 3each on October 31, 1974. :laim of Flave B. Gibbs for property damage to his Gibbs vehicle, allegedly caused by driving over bumps of asphalt installed on Balboa Boulevard near F Street >n January 23, 1975. :laim of Charles F. DeKeyser for property damage to DeKeyser its vehicle, allegedly caused when he was involved in ► collision with a Newport Beach city vehicle at the Lntersection of Bristol and Jamboree on January 27, L975. ;laim of Blackie's Boat Yard, Inc. for loss of revenue I Blackie's .rom boatyard at 16th Street and Newport Boulevard JBoat Lue to flooding on December 4, 1974, allegedly caused Yard )y closed storm drain during rainstorm. 'lain of Clarice J. Davis for personal damages, Davis allegedly caused by her foot catching in bicycle rack it Ocean Front and 36th Street on January 18, 1975. 'laim of Richard K. Fisher for property damage, Fisher allegedly due to City trash truck hitting bumper of its car on January 15, 1975 at 10th Street, Balboa, alley between Bay Street and Balboa Boulevard. :laim of Clifford A. and Emma Macklin for property Macklin iamage to carpet allegedly due to temporary water )ipe breaking and forcing water into home on January ?7, 1975 at 207 E. Bay Avenue in Balboa. :laim of Luis R. St. Hilaire for property damage in Hilaire :onnection with replacing personal laundry, allegedly -uined as a result of water containing rust entering washing machine at 2125 E. Ocean Boulevard in Balboa )n January 24, 1975. iotice of Hearing and Petition for Order Relieving Marchese 'etitioner from Provisions of Government Code 945.4, :sled by Attorney Daniel R. Bucknum, in connection with Application for Leave to Present a Late Claim of Stephen M. Marchese for false arrest and false Lmprisonment. Volume 29 - Page 35 COUNCILMEN 'A 0 B O�0 �� 2pF9pm�0 ROLL CALL N T9r a12 apm MINUTES INDEX as cing 11 on le :.:, 6. The following request to fill a personnel vacancy was approved: (A report from the City Manager was pre- seated.) One Police Clerk I in the Police Department to fill a position now vacant. 7. The following staff and Legislative Advocate reports were received and ordered filed: A memorandum from City Attorney regarding public Labor employee - employer labor relations legislation. Relatio Memorandum from City Attorney regarding Bay Knolls Annex 8 Annexation (No. 80) on drainage ditch liability. Letter from Bud Porter, City's Legislative Advocate, regarding proposed legislation. 8. The plans and specifications for Newport Boulevard Npt Blv Resurfacing from 30th Street to 21st Street (Contract Resurfa No. 1682) were approved; and the City Clerk was authorized to advertise for bids to be opened at 10:30 A.M. February 25, 1975. (A report from the Public Works Director was presented.) 9. The plans, specifications and estimate for the new City Ha Council Chambers were approved; and the City Clerk EXDansi was authorized to advertise for bids to be opened at 10:30 A.M., April 7, 1975. (A report from the • Public Works Director was presented.) 10. The following Budget Amendments were approved: BA -48, $1200 transfer of Budget Appropriations for furniture and equipment to furnish the employees new coffee room in the old Police building. (A report from the City Clerk was presented.) BA -49, $5000 increase in Budget Appropriations and a decrease in Unappropriated Surplus for preparation of preliminary plans for the channelization and widening of Dover Drive between Coast Highway and Cliff Drive. (A report from the Public Works Director was presented. ITEMS REMOVED FROM THE CONSENT CALENDAR: Motion 1• A petition signed by 285 Lido Isle residents re- Lido Is Ayes x x x x x x 11 questing that the addition of a cantilevered bicycle Bridge path to the Lido Isle bridge be included in the mid- year budget or the 1975 fiscal budget was referred to staff for consideration in the 1975 -76 budget. 2. A letter from Glenn L. Anderson denying statements Tracts contained in an environmental report on Tracts 8680, 8681 & • Volume 29 - Page 36 as cing 11 on le :.:, COUNCILMEN m \000\_t1_ \x07\11t, mA ROLL CALL pN Motion Motion Ayes Noes Motion Ayes u Motion Ayes Motion Ayes • r MINUTES cs NSZ m aim February 10, 1975 INDEX 8681 and 8682 regarding the Bluffs Homeowners Associ- ation was referred to staff for investigation and X x x x x 2 report back at the February 24 Study Session. 3. A resolution establishing the duties and responsi- Economic bilities of an Economic Goals Citizens Advisory Com- Goals mittee was presented. Citizens Adv Cmte x Councilman Ryckoff made a motion to postpone the resolution to March 24. Councilman Store asked that the motion be amended to include discussion on the matter at the March 24 Study Session, which amendment was accepted by the maker of the motion. x x x x N A vote was taken on Councilman Ryckoff °s amended x motion, and the proposed resolution was postponed to March 24, and the staff was directed to place the matter on the March 24 Study Session agenda. 4. A letter from Ray E. Williams regarding his research Energy x on the future energy supply was referred to the Conser- x x x x x 2 Planning Commission with the following comments from vation Councilman Ryckoff, "I believe this report entitled, "More Comments on Energy Supply," deserves the attentiori of all of us. Nationally, some leaders who speak loudest on environmental concerns also lead the full employment and social spending programs. These posi- tions conflict because effective action on one front is at the expense of the others. Here, in Newport Beach the concerns over property rights and the right for all freely to move about and live where they will with help from federal funds on the one hand similarly conflict with our environmental problems of traffic over- saturation, bay water quality and air pollution on the other. Hopefully the Planning Commission will carefully consider this document and help-set policies and courses of action that recognize the conflict and assign priorities in the best interests of all the people in Newport Beach." 5. A resolution of the Lawndale School District urging Employee opposition to all collective bargaining bills, specifi- Relations tally SB -275 regarding collective bargaining, was X x x x x pulled off the Consent Calendar to be considered with Additional Business Item 1. DITIONAL BUSINESS: 1. Resolution No. 8438, expressing opposition to Senate Employee Bill 275, the "Collective Bargaining Act for Public Relations X x x x x Employment," was adopted. R -8438 2. Amendments to the Circulation Element of the General General Plan were discussed as they pertained to the action Plan taken by the City Council on January 27, 1975 as set forth in the Minutes of that meeting. Volume 29 - Page 37 COUNCILMEN 9 O b ROLL CALL Doe ion s s Motion Ayes Abstain Motion Ayes I 1 Li Motion Ayes r� LJ MINUTES 2 F Februar 10,_ 1975 The Minutes of January 27, 1975, Item 3 of Current X Business, were amended to read, "The Planning Com- x x x x mission was instructed to set General Plan Amendment hearings on recommendations for improving the circu- lation on the Pacific Coast Highway in accordance with the current circulation needs at Specific Points 4, 6 and 7 (Dover Drive to Newport Boulevard, Jam- boree Road to the Upper Bay Bridge, and MacArthur to Jamboree Road); and the staff was directed to bring any Applications for Building Permits prior to issuance or other proposed development in the 5th Avenue corridor to the City Council for examination in regard to its possible effect on traffic." 3. The City Attorney was directed to intervene, in behalf X x x x N of the City of Newport Beach, in the Travel and X Transit Improvement Corporation's application before the Civil Aeronautics Board for helicopter passenger service in Orange County. 4. Resolution No. 8439, authorizing the Mayor and City Clerk to execute a lease agreement with J. A. Shepard - x son and R. N. Moodey for the lease of City offices at x x x x x 7 503 32nd Street, was adopted. 5. Clark Sweet addressed the Council and protested Harbor Permit Application #221 -081 (Delaney's Cannery Village). 6. Karen Eldridge addressed the Council and requested refund of the fee charged for her recently issued Massage Services Permit. Subject request was granted. x x x x x Mayor McInnis adjourned the meeting at 10:05 P.M. �0 r yite r &.h =ST: fft7 Clerk Volume 29 - Page 38 INDEX Travel & Transit Imprmt Corp City Hall Expansion R -8439 Harbor Permit Massage Permit Fee Refund