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Home My WebLink About12/08/1975 - Regular MeetingROL COUNCILMEN \V\,:; pL9 \0A CITY OF NEWPORT MACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. MINUTES mpuTyZ LCALL °S Fa�p At� Date: December 8, 1975 INDEX ?resent K x x x x x 1 Roll Call. Son The reading of the Minutes of the Regular Meeting of x November 24, 1975 was waived, and said Minutes were ,kyea x x x x x x approved as written and ordered filed. The reading in full of all ordinances and resolutions under !lotion x consideration was waived, and the City Clerk was directed !eyes c x x x x x z to read by titles only. HEARINGS: 1. Mayor McInnis opened the continued public hearing Assessment regarding the annexation of street lighting on Bay Dist 55 Avenue from Eighth Street to Fifteenth Street, known as Annexation No. 1, to Assessment District No. 50 (Balboa Island Street Lighting District), as set forth in Resolution No. 8566, to provide for the installation of, the maintenance of, and the furnishing of current for certain street lighting fixtures and appliances on Bay Avenue from Eighth Street to Fifteenth Street in the City of Newport Beach, for the purpose of hearing any protests or objections to the work and improve- ments proposed under the provisions of the alternative procedure for levying and collecting assessments on an ad valorem basis provided for in Chapter 8.5 of the "Street Lighting Act of 1919." A report was presented from the Public Works Director. • Petitions bearing 68 signatures of West Bay Avenue property owners were presented requesting the for- mation of Assessment District No. 55 for the conversion of existing overhead public utility electrical and communication facilities to underground locations,__ _ (Assessment District No. 55 - West Bay Avenue Utility Conversion District). Petitions bearing 64 signatures of West Bay Avenue property owners were presented urging formation of a Special Assessment District for the construction of a street lighting system (West Bay Avenue Street Lighting District). Letters from Adele and Melvin Mann, Mrs. Olga Van Enden, L. J. Jackson and Kenneth F. and Myrna J. Vogt were presented opposing the proposed street lights on West Bay Avenue. Letters were received after the agenda was printed from the following: Howard B. Lawson expressing ap- preciation for cooperation of Joseph Devlin and Al Beingessner, expressing agreement with recommendations and asking that the property owners be granted the right to submit a bid for purchase of bond issue to be created in this connection; William H. Eadie, Jr. protesting the plan for street lighting; and Frank L. Ryan, addressed to the Public Works Director, asking, • that consideration be given to placement of the light standards. Steve Barnard and Jane Inch addressed the Council in favor of street lighting on Bay Avenue. Volume 29 - Page 264 :'Jl COUNCILMEN CITY OF NEWPORT BEACH % F lA,p C� v op a 10,7c; MINUTES INDEX The following people addressed the Council opposing street lighting on Bay Avenue: Adele Mann, Mrs. Robert Jacobs, • Myrna Vogt, and Roy Wilson. Suzie Picker addressed the Council and asked that the matter be postponed until the residents could receive more information. Motion C The hearing was continued to January 26, 1976. Ayes C K x x x x CONTINUED BUSINESS: 1. A report was presented from the Parks, Beaches and Encroach - Recreation Director regarding appraisal of a portion ment/ of Irvine Terrace Park adjacent to four residential Irvine Terr lots. Park Motion F The City Manager was authorized to execute an agree - Ayes K x x x x x 2 ment with Richard A. Fuller, M.A.I. to appraise a portion of Irvine Terrace Park for a fee not to exceed $1,250, with one -half of the fee to be paid by the City. 2. A letter from the Assessment and Treatment Services Assessment Center of Coastal Orange County was presented re- S questing financial assistance for the year 1976. Treatment Center A report was presented from the City Manager. • The following people addressed the Council and opposed City funding for the Assessment and Treatment Services Center: Jill Levin, Eleanor Burg and Jim Newkirk. Motion Mrs. Levin was granted three additional minutes for Ayes x x x x her presentation. The following people addressed the Council in favor of support for the Assessment and Treatment Services Center: George Jones, Vice President of the Assess- ment and Treatment Services Center; Audrey Cotton, Chairman of the Juvenile Justice Commission and Delinquency Prevention Commission for Orange County; and Elaine Linhoff. Motion X Mr. Jones was granted an additional five minutes for Ayes x x x x Z his presentation. Motion x Mayor Pro Tem Dostal made a motion to approve the Assessment and Treatment Services Center program:in concept and to again encourage Orange County to fund the program; and also to refer the matter to the Inter -City Relations Committee. Councilman Rogers asked that the motion be amended to have the Committee report back on January 26, which amendment was accepted by the maker of the motion. to C K x x x x x A vote was taken on Mayor Pro Tem Dootal's amended motion, which motion carried. Volume 29 - Page 265 ROLL A A7 M< A; M A 4 .4 COUNCILMEN �pc }$�'ypG�pp sa MINUTES CALL epN �vf N11�aOple December 8, 1975 INDEX 3. (District 6) Councilman Kuehn's appointment of the Litter following members to the Litter Control Citizens Control Ikon x Advisory Committee was confirmed: Vera Michalchik to Citizens res x x x x x 1 3 fill the vacancy created by the resignation of Margie Adv Cmte Sandor and Charles Paskerian to fill the vacancy created by the resignation of Aileen Zimberoff. 4. (District 4) Mayor Pro Tem Dostal's appointment of a Envirommn member to the Environmental Quality Control Citizens Qual Cont Advisory Committee to fill the vacancy created by the Citizens )tion x resignation of Valerie Murley was postponed to Decem- Adv Cmte ,+es K x x x x x I her 22. CURRENT BUSINESS: 1. A report was presented from the Community Development Tract 90E Department regarding the Final Map of Tract No. 9063, subdividing 33.702 acres into three lots for commercial development in "Kull Center Newport," bounded by Birch Street, Von Karman Avenue and MacArthur Boulevard, . zoned P -C. Dtion x The Final Map of Tract No. 9063 was approved, subject yes C x x x x x x to the conditions imposed and incorporating by refer- ence the findings made by the Planning Commission. 2. A report was presented from the Community Development General Department regarding General Plan Amendment No. 33, a Plan proposed amendment to the Land Use and Residential ' Growth Elements to change the designation for a lot in the "County Triangle" area (off Superior Avenue) from "Multi - Family Residential" to "General Industry." Bob Greyshock addressed the Council and urged adoption of General Plan Amendment No. 33. otion x The Planning Commission was overruled, and General yes x x x x x Plan Amendment No. 33 was set for public hearing on January 12, 1976. 3. A report was presented from the Public Works Depart- Alley ment regarding alley paving in the City block between Paving/ Island Avenue and Anade Avenue. Island - Anade Petitions from 24 property owners adjoining the unimproved portions of subject alley were presented requesting subject improvements. Petitions were received after the agenda was printed from 17 property owners requesting subject improve- ments. James Myers addressed the Council and urged approval of the alley paving. lotion The staff was directed to notify the owners of property K x x x x x N adjacent to the unimproved portions of the alleys in �es the City block between Island Avenue and Anade Avenue to construct a Portland cement concrete alley, under the procedures of Chapter 27 of the Improvement Act of 1911. Volume 29 - Page 266 tl rn ROL COUNCILMEN let y ;1, MINUTES .L CALL ?m O s yf N12 aA� December 8 1975 INDEX 4. A report wak presented from the Parks, Beaches and Instruc- Recreation Director to the City Manager regarding an tional • amendment to Council Policy I -6, "Instructional Recreation Recreation Activities ," to delete the paragraph Activities authorizing the collection of $1.00 from each swimming Council instruction registration fee and 25c from each recre- Policy ation swim fee for the purpose of repaying the Building Excise Tax Fund for the City's contribution to the Olympic pool. Parks, Beaches and Recreation Director Cal Stewart gave a brief staff report. Motion K Council Policy I -6, "Instructional Recreation Activi- Ayes K x x x x ties," was amended, as recommended by staff. 5. The Newport Harbor Convention and Visitors. Bureau Convention Committee was considered. S Visitors Bureau Dick Clucas addressed the Council and opposed City Council representation on subject committee. Motion x Councilman Ryckoff made a,motion to table the matter, Ayes K x which motion failed to carry. Nose x x x x Confirmation of the appointment of Councilmen Kuehn and Barrett as the City's liaison to the Newport on K Harbor Convention and Visitors Bureau was postponed x x x x 31 to December 22. 6. A report was presented from the Marine Department Harbor regarding an amendment to Council Policy H -1, "Harbor Permit Permit Policies," to clarify berthing methods within Policies the Grand Canal. Council Policy Motion x Councilman Ryckoff made a motion to amend Council Policy H -1, "Harbor Permit Policies," to add Section 32, establishing conditions A, B, C, D, and B to Grand Canal harbor permits. Councilman Store asked that the motion be amended to add Condition F as recommended by staff, which amend- ment was accepted by the maker of the motion. Ayes C x x x x x A vote was taken on Councilman Ryckoff's amended motion, which motion carried. 7. Council Policy F -14, "Purchasing Authority for Goods Purchasing Motion C and Services," was amended to delete the specific Authority Ayes c x x x x x reference to engineering consultants, as recommended for Goods by staff. & Services Council Policy S. Council Policy A -9, "City Council Committees," was City • considered. Council Cmte Blaine Liuhoff briefly addressed the Council. Council Policy Council Policy A -9, "City Council Committees," was Motion K amended to provide for one -year terms on Citizen Ayes K x x x x x Advisory Committees. Volume 29 - Page 267 RO COUNCILMEN MINUTES LL CALL \A� \s \y� \Z�u \SZ \A \pm\ December 8, 1975 INDEX 9. A report was presented from the City Manager regarding Trans- the Transportation Plan Citizens Advisory Committee. portation 0 Plan Motion x The staff was directed to prepare the appropriate Citizens Ayes x x x x x 1 resolution to provide for fourteen members, instead Adv Cmte of the present seven, and to amend the duties of the Committee, as recommended by staff. 10. A report was presented from the City Clerk regarding General the April 13, 1976 General Municipal Election. Municipal Election Motion I The City Clerk was directed to accept nomination Ayes C x x x x x 11 papers from candidates who are registered voters in Eligibility the City and in the District at the time the nomination papers are taken out, to comply with recent court rulings. Motion x Mayor Pro Tem Dostal made a motion to establish a 400 Candidate's Ayes x word limit for describing education and qualifications Statement Noes K x x x I on the Candidate's Statement, which motion failed to carry. Motion A 200 -word description limit on the Candidate's Ayes K x x x 34 Statement was determined to be sufficient. Noes x Motion x It was determined that the candidates filing Candi- Ayes C K x x x x I date's Statements shall pay, on a pro -rated basis, all the printing, handling and mailing costs, in- cluding translation costs, for both the English and Spanish Statements. Motion x The matter of whether or not to allow the designation Mayor Ayes K K x x x x x of "Mayor" on the ballot was deleted from the agenda. Designation Motion K It was determined that candidates may not include Sample Ayes K K x x x X additional campaign materials with the sample ballot Ballot Noes x mailings. Mailings Motion K Compensation for Election Officers was established at Election Ayes K K x x x x X $29 for inspectors, $24 for judges and clerks, and Officers $15 for polling places when held in garages or carports rmmpPnRAtin1 and $20 when held in residences. CONSENT CALENDAR: Motion x The following items were approved by one motion affirming Ayes I x x x x xthe actions on the Consent Calendar: .1.. The following ordinance was introduced and set for Civic public hearing on December 22, 1975: Plaza (a) Proposed Ordinance No. 1649, being, AN ORDINANCE 0 -1649_ OF THE CITY OF NEWPORT BEACH ESTABLISHING A 553 PLANNED COMMUNITY DEVELOPMENT PLAN FOR CIVIC PLAZA (AMENDMENT NO. 455), located in Blocks 700 • and 800 in Newport Center on the southwesterly side of San Joaquin Hills Road between Jamboree Road and Santa Cruz Drive, zoned P -C; and pro - posed certification of the Environmental Impact Report. (Exhibit) (Report from the Community Development Department) Volume 29 - Page 268 GN COUNCILMEN 9CC03 v ocfoi4y�LpAww MINUTES LL CALL � * 9f Z�U+�s2�a m December 8, 1975 INDEX 2. The following resolutions were adopted: (a) Resolution No. 8647 awarding a contract to Sully- Alley Impr/ Miller Contracting Co. for alley improvements - Balboa Pen Balboa Peninsula, Contract No. 1753. (Report 1975 -76. from the Public Works Director) R -8647 (b) Resolution No. 8648 authorizing the execution of Off -site an off -site parking agreement between the City of Prkg/ Newport Beach and George R. and Betty J. Richter Tivoli (Karen Margreta's Tivoli Square); in conjunction Square with the development of a "take out" and "outdoor" R -8648 restaurant, Use Permit No. 1772, located at 2640 East Coast Highway, Corona del Mar. (Report from the Community Development Department) (c) Resolution No. 8649 supporting Alternative 6 of Santa Ana the Corps of Engineers Report entitled "Review River Flood Report on the Santa Ana River Main Stem and San- Protection tiago Creek." (Letter from the Santa Ana River Agency Flood Protection Agency dated November 7, 1975) R -8649 (d) Resolution No. 8650 recommending that the Orange Inspiration County Board of Supervisors amend the approved Point/ revenue sharing allocation of $100,000 for the San Joaquin acquisition of lots at Inspiration Point to the Hills Park acquisition of land adjacent to San Joaquin Hills Tennis Park in Jasmine Creek for a tennis center. (Re- Center • port from the Parks, Beaches and Recreation Director) R-8650 (e) Removed from the Consent Calendar. (f) Removed from the Consent Calendar. (g) Resolution No. 8651 reaffirming various standing Council and Ad Hoc City Council Committees; establishing Cmtes and /or deleting standing and Ad Hoc Committees R -8651 (deleting Youth Advisory Committee); and repealing Resolution No. 8623. (h) Removed from the Consent Calendar. (i) Removed from the Consent Calendar. (j) Resolution No. 8652 establishing the duties and Birentennia] responsibilities of the Bicentennial Citizens Citizens - --- -- Advisory Committee, and repealing Resolution No. Adv Cmte 8526; conforming the requirement for a quorum. R -8652 (k) Resolution No. 8653 establishing the duties and Litter Con- responsibilities of the Litter Control Citizens trol Citi- Advisory Committee, and repealing Resolution No. Adv Cmte 8527; conforming the requirement for a quorum. - R -8653 (1) Resolution No. 8654 establishing the duties and Bicycle responsibilities of the Bicycle Trails Citizens Trails . Advisory Committee, repealing Resolution No. 8528; Citizens conforming the requirement for a quorum. Adv Cmte R -8654 3..:.' The following communications were referred as in- dicated: (a) Removed from the Consent Calendar. Volume 29 7 Page 269 BOLL( I� COUNCILMEN } ME �.1 F TTA - 1 R T R E AM d2w I MINUTES :ALL pa *9c NZ2 spa December 8, 1975 INDEX (b) To staff for inclusion in on -going study, letter Animals on to the Mayor from Katherine C. Nicolay opposing Beaches ' dogs on the beach. (Exhibit) (c) To Pending Legislation Committee, resolution of Insurance the City of Cypress requesting support from the Orange County Board of Supervisors and other cities in Orange County affected by the recent fire insurance rating for a Grand Jury investi- gation of the fire insurance rating procedures. (Exhibit) (d) To Pending Legislation Committee, resolution of the City of Orange condemning the resolution of the United Nations falsely accusing Zionism as being racist and urging that the United Nations rescind this resolution. (Exhibit) (e) To Police Department for appropriate action, letter to the Mayor from R. Castle regarding an attack on him by a large dog on East Balboa Boulevard. (Exhibit) 4. The following communications were referred to the City Clerk for filing and inclusion in the records: (a) Letter to the Mayor from Orange County Transit OCTD District acknowledging receipt of Resolution No. 8596, requesting extension of the bus route ' along the Pacific Coast Highway to the Cali- fornia State University, Long Beach, and stating this had been done. (Exhibit) (b) Letter to the Mayor from the State Lands Com- mission thanking him for attending the meeting at the time of the Commission's recent tour of Newport Bay. (Exhibit) (c) Letter to the Mayor from the State Department of Transportation acknowledging receipt of his request for a public hearing regarding the variance to the Noise Standards requested by Orange County Airport, advising the request had been forwarded to their Legal Division for further action, and advising that February 23, 1976 has been established for the beginning of the public hearing. (Exhibit) (d) Copy of a letter to the Board of Supervisors from the Temple Hills Community Association commending the Board on their vote to seek an injunction to prevent the sale of 1.25 million acres off the southland coast by the Federal Government, and expressing support for challenges in court of the legitimacy of the U.S. Interior Department's decision to lease off -shore drilling. ' (Exhibit) (e) Notice from the Local Agency Formation Commission of hearing regarding proposed annexation to Costa Mesa Sanitary District designated Engineer's No. 162 Annexation, located 227 feet west of the intersection of 19th Street and Whittier Avenue and north of 19th Street. Volume 29 - Page 270 RO v , 91TWIVI, MI- COUNCILMEN \ \ode \ \�tappm�o MINUTES LL CALL �N *v� M�1 �pM December 8, 1975 :rvutx (f) Notice from Greyhound Lines, Inc. of its appli- cation to the Public Utilities Commission for a • rate increase. (g) Resolution of the City of Yorba Linda expressing its opposition to the proposed Chino Hills airport. (h) Copy of California Coastal Plan from California Coastal Zone Conservation Commissions. (i) Agenda for Board of Supervisors meetings held November 25, 26, December 2 and 3, 1975. 5. The following claims were denied and the City Clerk's Claims referral to the insurance carrier was confirmed: (a) Claim of Anita J. Wells (Nugent) and Marion V. Wells/ Nugent for damage to Marion Nugent's automobile, Nugent property damages and injuries caused when Mrs. Nugent's car was involved in an accident at Irvine Boulevard and Mesa Drive on August 14, 1975, alleging negligence on the part of the City in connection with the malfunction of the traffic signal. (b) Claim of Travelers Insurance Company, repre- Travelers senting Bay Department Store, for glass breakage Ins Co which allegedly occurred when City forces were operating concrete sawing machines in the area of 303 Main Street in Balboa on September 25, 1975. (c) Summons and Cross Complaint of TelePrompTer TelePromp- Corp. for Property Damage and Indemnity, due to Ter a fire which occurred at 2426 S. Pacific Coast Highway, Newport Beach on January 11, 1975, alleging negligence on the part of the City due to inadequate water supply and /or fire- fighting equipment. (d) Claim of Mrs. Leone Johnson for damages and Johnson personal injuries as a result of a fall on Corona del Mar Beach parking lot on August 31, 1975, allegedly due to negligence on the part of the City in the placement of the sprinkler "turn -on" on which she tripped. 6. The City Clerk's referral of the following claim to Claims the City Attorney for appropriate action was con- firmed: Summons and Complaint (1) to establish and enforce a Jillson constructive trust, (2) temporary restraining order and (3) preliminary injunction of Marilyn Jillson, Plaintiff, vs. Lillian L. Jillson, City of Newport Beach and Does I through X, inclusive, Case No. 23658 • in Harbor Judicial District Municipal Court. 7. The following request,to fill personnel vacancies was approved: (Report from the City Manager) (a) One Emergency Equipment Dispatcher in the Police Department to fill a position now vacant. Volume 29 - Page 271 ROL COUNCILMEN s p< y. v o O�OOiS $QC. �A ew MINUTES L CALL �ZNOT Z Y+1Z F �Opm December 8, 1975 INDEX +R. The following staff report was received and ordered filed: • General (a) Report from the City Clerk regarding the April 13, Municipal 1976 General Municipal election. (Exhibit) Election 9.. The following matters were set for public hearing on December 22, 1975: (a ALLEY PAVING IN BLOCK 530, LANCASTER'S ADDITION, Alley BOUNDED BY 32ND STREET, 31ST STREET, LAFAYETTE Paving/ AVENUE AND VILLA WAY, to hear protests from Block 530 anyone who does not desire to have the unim- proved portion of said alley paved under the procedures of Chapter 27 of the Improvement Act of 1911. (Report from the Public Works Director) (b) RESUBDIVISION NO. 501 (in conjunction with Civic Planning Commission Amendment No. 455), sub, Plaza dividing 26 acres into three parcels for (Resub 501) professional offices, civic and cultural uses in accordance with the Planned Community Develop- ment Standards for "Civic Plaza," located in Blocks 700 and 800 in Newport Center on the southwesterly side of San Joaquin Hills Road between Jamboree Road and Santa Cruz Drive, zoned P -C. (Report from the Community Develop- ment Department) . 10. The plans and specifications for the Traffic Signal Traffic at Pacific Coast Highway and Dover Drive, Contract Signal No. 1597, were approved; and the City Clerk was authorized to advertise for bids to be opened at 10:00 a.m., December 30, 1975. (Report from the Public Works Department) 11. The following maintenance dredging harbor permit Harbor application was approved, subject to the conditions Permit of approval under the blanket maintenance dredging permits issued by the U. S. Army Corps of Engineers: #110 -1200, Don Elder, 1200 West Balboa Boulevard. (Report from the Marine Department) 12. The following Budget Amendments were approved: BA -35, $279,500 increase in Budget Appropriations and a decrease in Unappropriated Surplus for loan to Building Excise Tax Fund from Future Water Sources Reserve to acquire 2 acres of land from The Irvine Company for the Newport Center branch library to Libraries - Acquire Newport Center Library Site, Building Excise Tax Fund. BA -36, $625 increase in Budget Appropriations and a decrease in Unappropriated Surplus for appraisal of a small portion of Irvine Terrace Park at the westerly end adjacent to four private residences to Park and Recreation - Administration, Services - Professional, Technical, etc., Park and Recreation Fund. Volume 29 - Page 272 OL.L J A` N1 M, n ( 63 F„" i ;"Jl COUNCILMEN MINUTES .L CALL pm 9C N =2 spin December 8, 1975 INDEX Motion x The staff was directed to send a letter in support A * x x of the Orange County Community Development Council, N x Inc. in its fund - raising campaign and authorizing the fund - raising efforts within the City boundaries for the Senior Citizens Transportation Project; the business licenses and fees associated therewith were waived; and the concept of the City of Newport Beach contributing the 20% matching funds for one van was postponed to December 22. Motion K The meeting was adjourned at 9:58 P.M. Ayes K x x x x x 21 Ma�� ATTEST: 1 PS • Volume 29 - Page 274