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HomeMy WebLinkAbout11/24/1975 - Regular MeetingROL L COUNCILMEN CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. MINUTES \1f CALL N ^y \Z T\ \ r f \g \a p\ N 2 a t� \ Date: November 24, 1975 INDEX resent K x x x x x I Roll Call. The reading of the Minutes of the Regular Meeting of 'on x November 10, 1975 was waived, and said Minutes were ap- yes x x x x x x i proved as written and ordered filed. The reading in full of all ordinances and resolutions under otion x consideration was waived, and the City Clerk was directed yes I x x x x x to read by titles only. HEARINGS: 1. Mayor McInnis opened the public hearing to consider SEOCCS recommendations to the County of Orange regarding the Southeast Orange County Circulation Study ( SEOCCS) covering the transportation study of the southerly half of Orange County, including the San Joaquin Transportation corridor and the TICMAP area, and covering General Plan Amendments and zone changes. A report was presented from the Public Works Depart- ment. A report was presented from the Community Development Department. Hal Krizan of the Orange County Environmental Manage- ment Agency addressed the Council and reviewed the SEOCCS Study. Peggy Stivers, President of the League of Women Voters, addressed the Council in support of the City's pro- posed recommendations to the County. lotion K The hearing was closed after it was determined that no Lyes K x x x x x X one else desired to be heard. Resolution No. 8640, expressing to the County of R -8640 Orange the City's recommendations regarding the South - lotion X east Orange County Circulation Study ( SEOCCS), was ,yes K x x x x x N adopted. Resolution No. 8641, recommending that the Orange R -8641 County Planning Commission not approve zone changes or County General Plan Amendments in the SEOCCS study area if those changes would preclude the implementation lotion x of any of the four circulation alternatives shown in kyes K K x x x x X the SEOCCS report, as amended, was adopted. 2. Mayor McInnis opened the public hearing regarding the HUD Second Year Community Development Block Grant Program (HUD) for the City of Newport Beach. A report was presented from the Community Development Department. A letter was received after the agenda was printed from Joseph F. Mariscal urging approval of a Senior Citizens Center. The following members of the Commumity Development Citizens Advisory Committee addressed the Council and urged the City's participation in the second year Block Grant Program: Robert Coles and Alex Schvarz. Volume 29 - Page 255 NCILMEN ROLL CALL r 1 LJ Motion Ayes Motion Ayes Noes Sion Ayes Motion Ayes Motion Ayes MINUTES The following people addressed the Council in support of a Senior Citizens Center: L. E. Morrison, Presi- dent of American Association of Retired Persons, Chapter 121, and Lillian Colin, President of the Senior Citizens Club of the Harbor Area. The hearing was closed after it was determined that no one else desired to be heard. Resolution No. 8642, approving the Newport Beach Second Year Community Development Block Grant Program Proposal (HUD) and requesting the County of Orange to include said proposal in its application, was adopted; and the Community Development Citizens Advisory Com- mittee was directed to report back to Council as soon as possible on the progress of the implementation of a Senior Citizens Center.in Corona del Mar. ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1646, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 12.04, SECTION 12.04.055 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO HOLIDAYS SPECIFIED FOR PARKING ENFORCEMENT PURPOSES, was presented for second reading. Ordinance No. 1646 was adopted. 2. Ordinance No. 1647, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.06 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE UNIFORM HOUSING CODE, 1973 EDITION, was presented for second reading. Ordinance No. 1647 was adopted. 3. Ordinance No. 1648, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.12 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE NATIONAL ELECTRICAL CODE, 1975 EDITION, was presented for second reading. Ordinance No. 1648 was adopted. CONTINUED BUSINESS: 1. A letter from The Irvine Company was presented stating that its Board of Directors approved the sale of the Newport Center library site and offering three alter- nate payment schedules. Volume 29 - Page 256 INDEX R -8642 Parking/ Holidays Uniform Housing Code National Electrical Code Library ROLL C 0 Mot Aye r Mot Mot Aye Noe Mot 0 Aye Noe .y. COUNCILMEN \-\900\101- \ \ACAS MINUTES �"O A Azo' " "FO COUNCILMEN A K MINUTES DLL CALL \p m 4 f \� \9 \2 a \s X a \� \A\ m November 24, 1975 INDEX The method for financing the Newport Center Branch on x Library building was postponed until the cost of the x x x x x N building to be constructed is determined. Motion x The staff and the Library Architectural Committee Ayes K x x x x x I were directed to proceed with the hiring of an architect and to come back with cost figures, using the guidelines of 30,000 square feet or an incre- mental construction. 2. A report was presented from the Board of Library Library Trustees recommending the employment of an Adminis- trative Aide in the Library Department resulting from a reclassification of the Assistant City Librarian position. Motion x The appointment of one Administrative Aide in the Ayes E K x x x x x Library was approved. 3. The following appointments to the Litter Control Litter Citizens Advisory Committee were confirmed: Control Citizens Motion x (District 3) Councilman Barrett's appointment of Adv Cmte Ayes K x x x x x x William Ritter to fill the vacancy created by the resignation of Jean Sippy (Newport Beach Chamber of Commerce representative). Motion (District 5) Councilman Ryckoff's appointment of Ayes I x x x x x Gail Vinje to fill the vacancy created by the resignation of Jean Harmon (Unified School District representative). 4. (District 6) Councilman Kuehn's appointments of mem- Litter bers to the Litter Control Citizens Advisory Com- Control mittee to fill the vacancies created by the resig- Citizens Motion x nations of Margie Sandor and Aileen Zimberoff were Adv Cmte Ayes x x x x x postponed to the meeting of December 8, 1975. 5. (District 4) Mayor Pro Tem Dostal's appointment of a Environmtl member to the Environmental Quality Control Citizens Qual Contro: Advisory Committee to fill the vacancy created by Citizens Motion x Valerie Murley's resignation was postponed to the Adv Cmte Ayes K x x x x x x meeting of December 8, 1975. 6. (District 6) Councilman Kuehn's appointment of Carl Environmtl Neisser as a member of the Environmental Quality Qual Contro. Motion x Control Citizens Advisory Committee to replace Joseph Citizens Ayes K x x x x x N E. Brown was confirmed. Adv Cmte CURRENT BUSINESS: 1. A report was presented from the Public Works Director Alley regarding alley paving in Block 530, Lancaster's Paving/ Addition, bounded by 32nd Street, 31st Street, Block 530 Lafayette Avenue and Villa Way. Motion K The staff was directed to notify the owners of the it x x x x x property adjacent to the unimproved portion of the alley in Block 530 of Lancaster's Addition to con- struct a 20 -foot -wide portland cement concrete pavement, using the procedure of Chapter 27 of the Improvement Act of 1911. Volume 29 - Page 258 COUNCILMEN \1\A1A\xQ \\9p \\ ROLL CALL � \p\ * r N 2 A November 24, 1975 2. A report was presented from the Public Works Di regarding the application of Robert 0. Lynch tc remove a portion of the public sidewalk in fror • 412 Piazza Lido (Encroachment Permit Applicatic EP -75 -144). Robert Lynch, applicant, addressed the Council presented a petition bearing eleven signatures Lido Isle residents approving the plantings prc in subject encroachment permit application. The following people addressed the Council and opposed the encroachment permit: Charles Hendi son, Tom Malcolm, Marilyn Hendrickson and Vinc( Healy. Motion Mr. Hendrickson was granted an additional five Ayes K x x x x x for his presentation. Councilman Ryckoff made a motion to approve thi request of Robert Lynch to remove a portion of public sidewalk in front of 412 Piazza Lido. Motion I Councilman Rogers made a substitute motion to i Ayes C E x x x x x the matter to the Planning Commission to work i the Lido Isle Community Association and with tl residents in the area to come up with an area that would be uniform and satisfactory to the i of the people on the Piazza Lido, which motion carried. • 3. A letter from TelePrompTer of Newport Beach w& presented requesting to increase their service from $6.50 to $8.50 per month. A letter was received after the agenda was prii addressed to Mayor Pro Tem Dostal from the Pub: Cable Television Authority opposing the TelePri franchise and rate increase. - Larry Priest, General Manager of TelePrompTer, addressed the Council. Resolution No. 8643, declaring intention to ho public hearing to consider a request by TelePr Motion x of Newport Beach for a rate increase in the ma Ayes t X x x x x x fees for cable antenna television service, was setting a public hearing for January 26, 1976. 4. A report was presented from the Parks, Beaches Recreation Commission recommending the install of a Parcourse in Irvine Terrace Park. Parks, Beaches and Recreation Director Cal Ste gave a brief staff report. Motion x The matter was postponed to January 12, 1976; Ayes x x x x x staff was directed to notify the Irvine Terrac Community Association of the proposed Parcours • to review the Irvine Terrace Park deed restric 5. A report was presented from the City Attorney garding City Council executive sessions. Council Policy A -10, "Procedural Rules for the Motion Conduct of City Council Meetings," was amended Ayes x x x x reflect the new law concerning executive sessi Volume 29 - Page 259 MINUTES rector t of n No. and of posed ick- minutes the INDEX Encrnar= = -. -__ Permit /412 Piazza Lido -efer rith ke Qan is j ority r CATV rate Lted .ic rmpTer briefly Ld a )mpTer ithly adopted; and ition ?art :he a and :ions. :e- to ms. R -8643 Parcourse Council Procedures Council Policy ROLL LMEN CITY OF NEWPORT BEACH November 24, 1975 MINUTES CONSENT CALENDAR: tion x The following items were approved by one motion affirming es x x x x x x x the actions on the Consent Calendar: 1. The following resolutions were adopted: (a) Resolution No. 8644 authorizing the execution of an offsite parking agreement between the City of Newport Beach and the Assistance League of Newport Beach (505 32nd Street); located on the northerly side of 32nd Street between Via Oporto and Via Lido (Use Permit No. 1769). (Report from the Community Development Department) (b) Resolution No. 8645 authorizing the Mayor and City Clerk to accept and execute a Quitclaim Deed for sewer line easement in the "Airport Center" Development submitted by The Irvine Company (Resubdivision No. 477); located north- easterly of Birch Street between Von Karman Avenue and MacArthur Boulevard. (Report from the Public Works Director) (c) Resolution No. 8646 authorizing the execution of a Joint Powers Agreement between the Irvine Ranch Water District, the City of Newport Beach, et al, in connection with the Newport -Irvine Waste - Management Planning Agency. (Report from the City Attorney) 2. The following communications were referred as in- dicated: (a) To staff for reply, letter to the Mayor signed by five homeowners in Harbor View Hills pro- testing the proposed tree trimming in that area. (b) Removed from Consent Calendar. (c) Removed from Consent Calendar. (d) To staff for inclusion in on -going study, letters from B. B. Bernard and Robert L. Amstadter, M.D. asking that dogs be banned from the beaches. (Exhibit) (e) To the Citizens' Environmental Quality Control Advisory Committee, letter from Gary B. Lovell regarding a smog alert system for the beach area. (Exhibit) (f) To the City's representative on the Orange County Health Planning Council, copy of a letter to the Regional Health Administrator, Department of Health, Education and Welfare from Supervisor Ralph A. Diedrich regarding the intent of the • Board of Supervisors to apply for Health Systems Agency designation for Orange County under the National Health Planning and Resources Develop- ment Act of 1974. (Exhibit) Volume 29 - Page 260 INDEX Off -site Prky/ Assistance League R -8644 Airport Center R -8645 NIWA R -8646 Complaint Animals on Beaches Air Pollution OrCo Health Planning Council COUNCILMEN \AO ROLL CALL. ' � N2 November 24 1975 MINUTES INDEX 3. The following communications were referred to the City Clerk for filing and inclusion in the records: (a) Letter from Kirk S. Lamb expressing appreciation and commending the City for its annual report. (Exhibit) (b) Letter from Faith Vogel expressing appreciation for the citation and letter she received as an outgoing member of the Board of Library Trustees. (Exhibit) (c) Letters addressed to the Mayor from Lesly Ann, Pat, Wayne and A. S. Rizzo and from Suzanne and Brett Rudd expressing appreciation for Council action regarding the traffic signal at Coast Highway and Prospect. (Exhibits) (d) Letter addressed to the Mayor from Tom Tully enclosing a copy of a letter to the Paramedic Unit and expressing his appreciation for the services of the Unit. (Exhibit) (e) Letter from William P. Picker, A.I.A. opposing General Plan Amendment No. 26. (Exhibit) (f) Copy of a letter to the Planning Commission from Shirley Knutsen stating her objection to the Delaney Cannery Village proposed on Lido Penin- eninsula. (Exhibit) (g) Letter addressed to the Mayor from Mrs. Sodaro protesting oil leasing off the coast of Newport Beach. (Exhibit) (h) Letter from the City of Garden Grove opposing the preliminary SCAG 1976 Regional Transportation Plan. (i) Agenda for Board of Supervisors meetings held November 11, 12, 18 and 19, 1975. (j) Memorandum from the Local Agency Formation Commission regarding request of City of Irvine for continuance of the Sphere of Influence hearing on the coastal area from April, 1976 to August, 1976. (Exhibit) (k) Resolution of the Board of Supervisors setting a hearing for December 17, 1975 to consider the operation of Upper Newport Bay in accordance with the terms of the Agreement for Interim Use of Upper Newport Bay. (1) Minutes of the October 30 meeting of the Upper Newport Bay Ecological Reserve Public Policy Advisory Committee. (m) Letter from the State Department of Transportation attaching a copy of a resolution of the Highway Commission rescinding the previously adopted freeway location on Route 1 in Orange County between Route 1 and Route 605. Volume 29 - Page 261 COUNCILMEN ROLL CALL_ • E November 24, 1975 MINUTES (n) Notice of hearing before the Public Utilities Commission regarding application of Holiday Airlines, Inc. for authority to transport passengers to and from Lake Tahoe and appli- cation of Air California and of Trustee in Bank- ruptcy of Holiday Airlines for Order Authorizing Transfer of Certificate of Authority of Holiday Airlines to Air California. 4. The following claims were denied and the City Clerk's referral to the insurance carrier was confirmed: (a) Claim of Koma Easley alleging personal injury, assault and battery, wrongful arrest and punitive damages in connection with an incident which occurred on August 4, 1975 in the vicinity of 2502 West Ocean Front. (b) Claim of Debbie Jo Kurtz for personal injuries and damage to her car allegedly sustained when she was involved in an accident which occurred near the intersection of Pacific Coast Highway and Orange Street, Newport Beach on August 5, 1975. (c) Claim of Ardyce C. Larson for personal injuries allegedly sustained when she was a passenger in a car involved in an accident which occurred near the intersection of Pacific Coast Highway and Orange Street, Newport Beach on August 5, 1975. (d) Claim of Brian Day Berner for damage to his automobile, allegedly caused after the City of Newport Beach trimmed eucalyptus trees on Sep tember 11, 1975 along Second Avenue between Acacia and Begonia Avenues and sap from one of the trees dripped on his car. (e) Claim of William F. Mattson for impoundment of his bicycle allegedly caused when a Newport Beach Police Officer took his bike for investi- gation of possible theft at 340 Avocado Street, Costa Mesa on October 28, 1975. (f) Claim of Alvey C. Beatty for damage to his automobile, allegedly caused by the City of Newport Beach when chemical spray got on his car while the City was spraying trees in front of his house at 1576 E. Ocean Blvd., Balboa on November 10, 1975. 5. The plans and specifications for Balboa Island Alley Improvements, Contract No. 1748, were approved; and the City Clerk was authorized to advertise for bids to be opened at 10:30 A.M. on December 9, 1975. (Re- port from the Public Works Director) 6. The work on the Bicycle Trail on Pacific Coast High- way, Jamboree Road to Avocado Avenue, Contract No. 1755, was accepted; and 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. (Report from the Public Works Director) Volume 29 - Page 262 INDEX Claims Easley Kurtz Larson Berner Mattson Beatty Alley Impr BI Bicycle Trails COUNCILMEN A m OmpO$� 2Am9A -AN 0 2 ROLL CALL As T ➢� 1{+22 AAm November 24, 1975 MINUTES INDEX _Jr[M 77. The following Harbor Permit was approved, subject to Harbor • the approval of the U. S. Corps of Engineers: Harbor Permit Application 11137 -082 of Beacon Bay Community Permit Association for dredging under community floats and use of the dredged material to restore the adjacent beach. (Report from the Marine Department) 8. The following Budget Amendment was approved: BA -34, $11,041 increase in Budget Appropriations and an increase in Revenue Estimates for The Coast High- way Bike Trail in West Newport Park; funds granted to the City from SCAG, Donations and Contributions, to the Coast Highway Bike Trail in West Newport Park, General Fund. (Report from the Public Works Director) ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter from the Citizens Environmental Quality Environmtl Control Advisory Committee asking the Parks, Beaches Qual Control and Recreation Commission and the Department to work with the Committee to develop a public education program aimed at personal conservation practices to Motion K help solve environmental problems, was referred to Ayes C x x x x x N the Parks, Beaches and Recreation Commission with the request that the Commission work with the Citizens Committee per subject request. 2. A letter from the Friends of Newport Bay asking University Council to re- examine its position on University Drive Drive • in view of the new availability of Bristol and the Extension Motion x Corona del Mar Freeway was referred to the Upper Bay Ayes x x x x x Study Committee for inclusion in its on -going study. ADDITIONAL BUSINESS: 1. A report was presented from the Public Works Depart- Christmas ment regarding Christmas decorations. Decorations The display of Christmas lights and decorations by Motion K community and business associations was approved, Ayes C K x x x x x subject to 1) a written request from the participating association, 2) approval of the Traffic Engineer, 3) approval of the Utilities Superintendent; and a Christmas display at the intersection of Balboa and Newport Boulevards by Forgit Hardware was approved, subject to the above and subject to the receipt of an insurance policy satisfactory to the City Attorney. Mayor McInnis adjourned the meeting at 10:45 P.M. Mayof • ATTEST: City Clerk Volume 29 - Page 263