HomeMy WebLinkAbout04/12/1976 - Regular MeetingCOUNCILMEN oo
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CITY OF NEWPORT BEACH
REGULAR COUNCIL MEETING
Place: Council Chambers
Time: 7:30 P.M.
MINUTES
ROLL CALL �iu$9r
s a N Date: April 12, 1976 INDEX
Prgsent
x
x
x
x
Roll Call.
The reading of the Minutes of the Regular Meeting of
Motion
x
March 22, 1976 was waived, and said Minutes were approved
Ayes
x
x
x
x
x
31
3
as written and ordered filed.
The reading in full of all ordinances and resolutions under
Motion
x
consideration was waived, and the Acting City Clerk was
Ayes
x
x
x
x
directed to read by titles only.
HEARINGS:
1. Mayor McInnis opened the public hearing regarding
Tract 87.
Tentative Map of Tract No. 8737, a request of Mariners
Savings and Loan Association, Newport Beach, to
create one parcel of land for condominium medical
office development; located at 320 Superior Avenue,
across Hospital Road from Versailles -on- the - Bluffs;
zoned A -P.
A report was presented from the Community Development
Department.
Motion
x
The hearing was closed after it was determined that no
Ayes
x
x
x
x
x
N
2
one desired to be heard.
Motion
x
The Tentative Map of Tract No. 8737 was approved,
Ayes
x
x
x
x
x
N
2
subject to the findings and conditions recommended by
the Planning Commission.
2. Mayor McInnis opened the public hearing regarding
Tract 87
Tentative Map of Tract No. 8725 (Amended), request
initiated by the City of Newport Beach to amend Condi-
tion No. 8 of Tentative Map No. 8725 to increase the
size of the play area proposed at the northeast corner
of E1 Capitan Drive and Spyglass Hill Road from one-
half acre to approximately one acre and to decrease
the size of the proposed park site at the southeast
corner of Spyglass Hill Road and New MacArthur Boule-
vard from six acres to approximately five and one -
quarter acres; zoned P -C.
A report was presented from the Community Development
Department.
David Neish of The Irvine Company addressed the
Council and stated that he was there to answer any
questions and that they concurred with the recom-
mendation regarding Condition No. 8.
Motion
x
The hearing was closed after it was determined that no
Ayes
x
x
x
is
X
I
one else desired to be heard.
Amended Condition No. 8 and the Tentative Map of Tract
Motion
No. 8725 (Amended) were approved, subject to the
Ayes
x
x
x
x
X
I
findings and conditions recommended by the Planning
•
Commission
ORDINANCES FOR SECOND READING AND ADOPTION:
1. Ordinance No. 1661, being,
Alarms
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
0 -1661
AMENDING CHAPTER 5.49 OF THE NEWPORT BEACH
Volume 30 - Page 71
COUNCILMEN
CITY OF NEWPORT BEACH
MINUTES
ROLL CALL
ip129r
u ��a�pin April 12, 1976 IND
MUNICIPAL CODE DEALING WITH ALARM BUSINESS, ALARM
AGENTS AND ALARM SYSTEMS,
was presented for second reading.
A letter from William H. Eadie, Jr. was presented
approving the ordinance.
Motion
x
Ordinance No. 1661 was adopted.
Ayes
x
x
x
x
2. Ordinance No. 1662, being
Buildi
Excise
AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMEND-
Tax
ING SECTION 13.12.060 OF THE NEWPORT BEACH
-1662
MUNICIPAL CODE RELATING TO EXEMPTIONS IN CON-
i0
NECTION WITH THE PROPERTY DEVELOPMENT TAX,
was presented for second reading.
j
Motion
x
Ordinance No. 1662 was adopted.
Ayes
xxxx
CONTINUED BUSINESS:
1. A letter from the Carden School was presented regard-
Carden
ing its request for a renewal of its lease for the
School
school facility at Fifth and Marguerite.
A report was presented from the Community Development
Citizens Advisory Committee.
Jerry Williams and Phil Sansone addressed the Council
in favor of the extension of the lease.
Councilman Ryckoff made a motion to adopt Resolution
Motion
x
No. 8735, extending the lease of the Carden School for
the Fifth and Marguerite property for a period of one
year.
Councilman Kuehn requested that the following state-
ment be included in the record:
"It has been asked by the owners of the Carden School
that I disqualify myself from voting on their request
for renewal of a lease for the school facility at 5th
and Marguerite. It has been alleged by the owners of
the Carden School and some of their supporters, either
parents, friends or investors (I have no way of deter-
mining the affiliation of the many people who have
sent both signed and anonymous letters not only to me,
but to my fellow Council members as well as to every
member of the Housing and Community Development
Citizens Advisory Committee) that there is a conflict
of interest because I am a trustee on the Board of the
Harbor Day School. This allegation has also been made
public through a front page article in the DAILY PILOT
which quotes the owners of the school.
"I have discussed these allegations and carefully
reviewed the Moscone Governmental Conflict of Interest
Act and Proposition 9 with our City Attorney Dennis
O'Neil. This Act refers to 'economic interest' or to
a 'business entity' in which a public official is a
director. I am advised by our City Attorney that
neither applies in the instance of my qualification to
Volume 30 - Paee 72
EX
ng
ROLL
•
Ayes
0
Motion
Ayes
Motion
Ayes
L
COUNCILMEN CITY OF NEWPORT BEACH
1976
MINUTES
vote on this item. There is neither'comparison nor
competition between the Harbor Day School and the
Carden School. While the Carden School is a pro-
prietary school, Harbor Day is a non - profit institu-
tion. Thus there is neither an economic interest nor
a business entity in which I am involved.
"The issue, in its proper perspective. is whether or
not the HCDCA Committee is prepared to recommend
implementation of a senior citizen service center at
this time on the site at 5th and Marguerite, and
whether there is compliance with both the letter and
spirit of the terms of the HCDA grant by means of
which funding for purchase of the 5th and Marguerite
site has been purchased for a stated use as a senior
citizen center.
"I, therefore, decline to disqualify myself from
voting.
"I would also like to request in accordance with this
statement that pending the adoption of a Conflict of
Interest Code that there be further clarification and
definition by the City Attorney's office for the
benefit of both the Council and the community in order
to avoid similar confusion in the future."
A vote was taken on Councilman Ryckoff's motion, and
Resolution No. 8735 was adopted.
2. A letter to the 'City Manager from Pacific Telephone
and Telegraph Company requesting water service outside
the City at 4302 Ford Road, and stating that their
problems with the landscape sprinkler system at this
address have been solved,was presented with the
original request letter dated February 18, 1976.
Resolution No. 8736, authorizing the execution of a
contract to serve water outside City to The Pacific
Telephone and Telegraph Company, was adopted.
3. A report was presented from the Public Works Director
regarding proposed resurfacing on Back Bay Drive for
bike trail purposes.
Ray Williams, President of Friends of Newport Bay,
addressed the Council and suggested the resurfacing
width of Back Bay Drive be 18 to 20 feet.
A permit to the Orange County Environmental Management
Agency was approved authorizing the placement of
asphaltic concrete resurfacing on Back Bay Drive for
bike trail purposes, subject to the following condi-
tions recommended by the State Department of Fish and
Game:
Paving does not extend bayward of the existing
alignment of pavement.
Hayward berm is left undisturbed where vegetation
has stabilized berm material.
Drainage structures be constructed as needed with
minimum impact upon bayward berm and slope.
Volume 30 - Page 73
INDEX
Water
Bicycle
Trails/
Back Bay
RC
Mo
Ay
Mo
Ay
Mo
Ay
Mo
Ay
Mo
Ay
Mc
Ay
Mc
A)
COUNCILMEN CITY OF NEWPORT BEACH MINUTES
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4. A report was presented from the Public Works Director
Alley 7
•
regarding the cost of the work accomplished under
Balboa
Chapter 27 of the Improvement Act of 1911 (Alley
Peninst
Improvement in Block 331, Lancaster's Addition -
Contract 1753)
:ion
A public hearing was set for 7:30 P.M. on May 10, 1976
s
K
x
x
x
x
x
x
to hear objections or protests.
5. A report was presented from the Public Works Director
Alley 7
regarding the cost of the work accomplished under
Balboa
Chapter 27 of the Improvement Act of 1911 (Alley
Peninst
Improvement in Block 3, East Newport - Contract
1753).
Lion
x
A public hearing was set for 7:30 P.M. on May 10, 1976
as
C
K
x
x
x
x
x
to hear objections or protests.
6. An amended Council Policy regarding Administration of
Admin c
Operating Budget was presented.
Operati
Budget
Lion
x
Council Policy F -11, "Administration of Operating
es
C
�C
x
x
x
x
x
Budget," was amended.
7. A report was presented from the Marine Department
Balboa
regarding the request of the Balboa Angling Club for
Angling
City participation in their required maintenance
Club
dredging.
Dredgir
x
City financing of the maintenance dredging project was
x
x
x
approved.
8. A report from the City Attorney was presented re-
Skatebc
garding streets on which skateboarding is prohibited.
Resolution No. 8737, prohibiting skateboarding on
R -8737
tion
certain public streets located in the City of Newport
as
x
x
x
x
x
Beach, was adopted.
CURRENT BUSINESS:
1. A report from the City Manager was presented regarding
OrCo
Management Audit performed by the Management Services
Managem
Division of the County of Orange on the Parks, Beaches
Audit S
and Recreation Department.
Val Skoro, President of the Irvine Terrace Homeowners
Association, addressed the Council asking that action
be deferred on the portion dealing with E1 Paseo
Drive.
tion
x
It was directed that the recommendations made by the
es
K
X
x
x
x
x
X
Audit be implemented.
2. A report was presented from the Community Development
San Mie
Department regarding request, initiated by the City of
Drive
•
Newport Beach, to change the name of New MacArthur
Boulevard for its entire length between Ford Road and
a point south of San Joaquin Hills Road.
tion
K
Resolution No. 8738, changing the street name "New
R -8738
es
y
x
x
x
x
x
MacArthur Boulevard" to "San Miguel Drive ", was
adopted.
Volume 30 - Page 74
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X
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COUNCILMEN
CITY OF NEWPORT BEACH
MINUTES
ROLL CALL �pm�z2�9��is�s�a�?m�April
12, 1976 IP
•
3. A report was presented from the Community Development
Department regarding the Tentative Map of Tract No.
Trac
8725 (Extension), a request initiated by The Irvine
Company, Newport Beach, to permit the extension of a
previously approved tentative map subdividing 170.3
acres into 95 numbered lots for single - family develop-
ment, twelve numbered lots for condominium development,
three numbered lots to be developed as open space and
public park sites, three numbered lots to be developed .
as private recreational sites, seven numbered lots to
be developed as landscape open space areas, and
twenty lettered lots to be developed as private
streets; being portions of blocks 91, 92, 97 and 98
of Irvine's Subdivision, in an area bounded by the
existing "Spyglass Hill" development, the "Bren III"
development, New MacArthur Boulevard, and the San
Joaquin Reservoir site (Sector IV of "Harbor View
Hills "); zoned P -C.
David Neish of The Irvine Company addressed the Council
and stated that they concur with the Planning Commis-
sion recommendations.
Motion
Councilman Store made a motion to extend the approval
of the Tentative Map of Tract No. 8725 for two years,
subject to the condition recommended by the Planning
Commission.
Mon
x
Councilman Rogers made a substitute motion to refer
the matter back to the Planning Commission for a
report on any substantial changes in the parameters
of the law with respect to grading,in connection with
this Tentative Tract Map,to be brought back with
clarification as to how - present law applies, rather
than the law that was in effect two years ago.
Ayes
x
x
A vote was taken on Councilman Roger's substitute
Noes
C
x
x
x
motion, which motion failed.
Ayes
x
x
x
A vote was taken on Councilman Store's motion, which
Noes
x
x
motion carried.
4. A report was presented from the Community Development
Grei
Department regarding the Planning Commission recom-
Plai
mendation on adoption of the Santa Ana River /Santiago
Creek Greenbelt Implementation Plan.
Resolution No. 8739, approving the Santa Ana River/
Motion
x
Santiago Creek Greenbelt Implementation Plan, was
Ayes
C
X
x
x
x
adopted.
5. A report was presented from the Public Works Director
Gol(
regarding repair of Goldenrod Avenue Pedestrian
Fool
Bridge, Contract No. 1783.
Motion
Councilman Kuehn made a motion to direct the staff
•
to reject all bids and investigate alternates to
gunite repair and report back with cost
estimates at the earliest possible moment.
Councilman Rogers asked that the motion be amended to
eliminate the option for abandonment of the bridge,
which amendment was accepted by the maker of the
- motion.
Volume 30 - Page 75
4DEX
8725
anbelt
lenrod
:br; :'.
COUNCILMEN
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CITY OF NEWPORT BEACH
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ROLL CALL pm
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April 12, 1976
Ail
x
x
x
x
x
x
y
A vote was taken on the amended motion, which motion
carried.
6. A letter from Newport and Imua Outrigger Clubs was
Oui
presented requesting permission to use the street
Cai
ends at 19th and Bay and at 10th and Bay Avenue from
Sti
April 9th through October 10th.
Motion
A report was presented from the Marine Department.
Ayes
K
xxxxx
The request was approved subject to the conditions of
approval recommended by staff.
7. A letter from the Boys' Club of the Harbor Area
Bo,
offering dedication to the City of the parking lot
Cli
improvements recently installed adjacent to the
Dei
Eastbluff Branch of the Boys' Club was presented.
Prl
A report was presented from the Public Works Director.
Motion
x
The parking lot improvements from the Boys' Club of
Ayes
I
K
x
x
x
x
the Harbor area were accepted.
8. A report was presented from the Public Works Director
Rei
regarding Resubdivision 516, redevelopment of Griffith
Company property at Newport Boulevard and Via Lido.
Ed Migge, representing the Griffith Company, addressed
the Council and stated that the Company concurred with
staff recommendations.
The Council approved in principle the granting of a
permanent access easement to the Griffith Company
over the Finley Street entrance to the City Hall
site in conjunction with the dedication of a tri-
angular strip of right -of -way of 30 feet by 280 feet
along Newport Boulevard and the elimination of the
southerly driveway access to Newport Boulevard from
Motion
X.
the Griffith property; and the staff was directed to
Ayes
x
x
x
x
prepare an agreement designed to effect implementa-
tion.
9. A letter from students of Newport Harbor High School
Pai
was presented protesting the two -hour parking zone
Me
across from the school on 15th Street, with an
151
endorsement from the school's principal.
Kim Plaid and Carrie Rosburg, students at Newport
Harbor High School, addressed the Council in favor of
four -hour parking.
Motion
x
The matter was referred to Traffic Affairs Committee
Ayes
x
x
x
x
for report back to Council.
10. A letter from the Santa Ana River /Santiago Creek
Gr
Greenbelt Commission was presented notifying the City
P1:
•
of its assessment for the first quarter.
Motion
x
The staff was directed to remit the assessment as
Ayes
I
K
K
x
x
x
provided in the agreement.
Volume 30 - Page 76
COUNCILMEN
CITY OF NEWPORT BEACH
MINUTES
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'^ a W Aril 12 1976 INDE)
CONSENT CALENDAR:
Mcn
x
The following items were approved by one motion affirming
Ayes c
x
x
x
x
x
x
the actions on the Consent Calendar:
1. The following ordinance was introduced and set for
public hearing:
Set for public hearing on April 26, 1976:
(a) Ordinance No. 1663, being, AN ORDINANCE OF THE
Parking
CITY OF NEWPORT BEACH AMENDING CHAPTER 20.30
Pools
OF THE NEWPORT BEACH MUNICIPAL CODE BY ADDING
0 -1663
SECTION 20.30.035 (C) DEALING WITH PARKING
REQUIREMENTS OF PARKING POOLS, Planning Commission
Amendment No. 463, a request initiated by The
Irvine Company, Newport Beach, to amend Chapter
20.30 (formerly Chapter 20.38) of the Newport
Beach Municipal Code as it pertains to the
parking requirement for office buildings based
on the size of the parking pool. (Exhibit)
(Report from the Community Development Department)
(b) Removed from Consent Calendar.
(c) Removed from Consent Calendar.
Passed to second reading on April 26, 1976:
(d) Ordinance No. 1664, being'AN ORDINANCE OF THE
Speed
CITY OF NEWPORT BEACH AMENDING SECTION 12.24.070
Limits
OF THE NEWPORT BEACH MUNICIPAL CODE TO ESTABLISH
0 -1664
A SPEED LIMIT ON BIRCH STREET FROM BRISTOL
STREET TO JAMBOREE BOULEVARD. (Exhibit)
(Report from the Public Works Department)
2. The following resolutions were adopted:
(a) Removed from Consent Calendar,
i
(b) Removed from Consent Calendar.
i
i
(c) Resolution No. 8740 authorizing the execution
Animal
of an agreement between the City of Newport
(Control
Beach and Albert E. Stockton, V.M.D. in con-
IR -8740
nection with animal control services. (Report
from the Assistant to the City Manager)
(d) Resolution No. 8741 establishing new boarding
(Animal
charges for impounded fowl and animals, and
L ol_;n,
rescinding Resolution No. 8218. (See above
Fees
report)
R -8741
(e) Resolution No. 8742 authorizing the execution
NIWA
of an agreement between the City and the
R -8742
Irvine Ranch Water District in connection with
the creating of the Newport -Irvine Waste-
Management Planning Agency (NIWA). (Report
from the City Manager)
(f) Resolution No. 8743 declaring that weeds and
Weed
IAbatem
other public nuisances exist upon streets,
alleys, sidewalks, parkways, and private
R -8743
Volume 30 - Page 77
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Volume 30 - Page 78
property within the City, declaring that said
weeds and public nuisances must be abated,
setting the time and place for a public
hearing at which the City Council will consider
protests from persons objecting to the proposed
destruction or removal of such public nuisances
by the City, and directing the Fire Chief to
give notice of the passage of this resolution
and of the public hearing.
(g)
Resolution No. 8744 authorizing execution of a
Resub 463
subdivision agreement between the City of
R -8744
Newport Beach and Joyce Hoskinson and Lorenzo
Pasini, guaranteeing completion of public
improvements required with the development of
Resubdivision No. 463 (62nd Street and West
Coast Highway). (Report from the Public Works
Director)
(h)
Resolution No. 8745 agreeing to terminate the
ICC
Intergovernmental Coordinating Council of
R -8745
Orange County. (Letter from ICC)
(i)
Resolution No. 8746 approving the destruction
Destruction
of certain records in custody of the Chief of
of Records
Police.
R -8746
The
following communications were referred as
indicated:
(a)
To staff for reply, letter from James F.
Tennis
Blauer regarding the, lack of public tennis
Courts
courts strictly for public use, and stating
that all of the courts in the Newport Beach
area are used primarily by students and for
instruction classes. (Copies sent to Council)
(b)
To staff for reply, letter from Mark W.
Surfing
McDaniel proposing a change in the surfing
Regs
laws in the areas of 18th and 19th Streets,
known as "The Point ", which he and other
surfers would like kept open for surfing.
(Copies sent to Council)
(c)
To staff for reply, letters from Warren G.
Althoff and Noel Phoenix regarding the serving
of beer on the piers in the Newport Beach
area. (Exhibit)
(d)
To Parks, Beaches and Recreation Commission
Skateboky-':
for inclusion in study, letter from Barbie
Ludovise, A Concerned Skateboarder of Newport
Beach, together with a petition from 55 other
skateboarders, as well as a letter from Cindy
Laux, requesting the use of the old abandoned
reservoir in Corona del Mar and their suggestions
for a safe operatibn if the reservoir could be
leased by the City from The Irvine Company.
(Copies sent to Council)
(e)
To staff for reply, letter from Louis W.
Disparte enclosing a letter written to the
Chief of Police regarding a disagreement in
connection with a rental lease. (Copies sent
to Council)
Volume 30 - Page 78
COUNCILMEN
CITY OF NEWPORT BEACH
MINUTES
ROLL CALL
)tt\ April 12, 1976 IP
(f) To staff for reply, letter from Jodi Cates
requesting permission to hang a street banner
•
at the corner of Balboa Boulevard and Main
Street in Balboa honoring Al Gossel's 80th
birthday and declaring April 6 "Al Gossel
Day." (Copies sent to Council)
(g) To Pending Legislation Committee, resolution
Powe;
from the City of Costa Mesa requesting legisla-
Line;
tion which would require utility companies to
mark power lines that could be hazardous to .
air travel, and urging adoption of a similar
resolution by the City of Newport Beach.
(Exhibit)
(h) Removed from Consent Calendar.
(i) To staff for appropriate action, letter from
Wast
the United States Environmental Protection
wat
Agency regarding application of County Sanitation
Faci
District of Orange County for a Secondary
Treatment Wastewater facility. (Copies sent
to Council)
(j) To Planning Commision for report back in
Land
thirty days, letter from The Irvine Company to
Trad
Mayor McInnis advising the appraised price of
Remn
the Lot 83, Tract 6230 and Land Trade Remnant
amounting to approximately 8.8 acres is
$550,000. (Exhibit)
(k) Referred to staff for inclusion in on -going
AACF
study, letter from Angela Ficker White reiterat-
Dist
ing her opposition, as well as those who
d
signed the petition, to the undergrounding of
Bay
utilities and the establishment of the lighting
Stre
element on Bay Avenue between 8th and 15th
Ligt
Streets. (Exhibit)
(1) To staff for appropriate action, Notice of
PUC
Hearing before the Public Utilities Commission
Soul
on the application of the Southwest Airlines
Air:
for a certificate of public convenience and
I
necessity to provide passenger air service
Air
between Los Angeles- Monterey and Monterey -San
Francisco; and application of Air California
for a certificate of public convenience and
necessity to provide passenger air service
between Monterey Peninsula Airport, on the one
hand, and Orange County /Ontario, Palm Springs.
San Diego, Sacramento, and San Francisco on
the other hand, with the points other than
Monterey being either terminal and /or intermediate
points; and petition of the City of Newport
Beach, a municipal corporation to intervene
and to become a party and request for information
before the pre- hearing conference. (Re:
Monterey Service) (Exhibit)
4. The following communications were referred to the
Acting City Clerk for filing and inclusion in the
records:
(a) Letter from Mrs. Dick Soth to Dr. Robert Rooney
Chairman of the California Coastal Zone Commission
Volume 30 - Page 79
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COUNCILMEN
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protesting the types of applications the
.
Commission feels called upon to include in
their agenda and stating she thinks the City
of Newport Beach is quite capable of reflecting
the City's need and citing a few examples.
(Exhibit)
(b) Letters from Paul D. Breithaupt and Mrs. Earl
Maple deploring dogs running on the beaches
and stating that the ordinances and the voluntary
animal control program have no effect on the
problem. (Exhibits) (Pictures on file in
City Clerk's office)
(c) Letter from Don Fox, Councilman, City of Brea
regarding Revenue Sharing Funds Appropriations,
and stating that Orange County Funds have been
approved by the Harbors, Beaches and Parks
Commission for Cliff Drive View Park for
$200,000; Cliff Drive View Park for $100,000;
and Rhine Wharf Park for $40,000. (Copies
sent to Council)
(d) Letter from the Mayor of Seal Beach to Mayor
McInnis opposing the proposal of the Department
of Defense to replace the Navy as the host
service on the Los Alamitos Naval Air Station
and stating they are in opposition to the
Orange County Board of Supervisors and the
Orange County Airport Land Use Commission's
recommendations for joint use of that airport.
—
(Copies sent to Council)
(e) Letter from John Rogers Davis, Rector at Saint
Michael and All Angels Episcopal Church support-
ing the HUD financed housing project for the
Senior Citizens. (Copies sent to Council)
(f) Letter to Councilman Kuehn from the Carden
School of Corona del Mar requesting she dis-
qualify herself as a voting member on the
Council when they are considering issues in
connection with the Carden School due to a
conflict of interests. (Copies sent to Council)
(g) Copy of letter to the Secretary of the Navy
from the City of Los Alamitos stating their
opposition to the removal of the Navy from the
Los Alamitos Naval Air Station and that no
civilian- military joint use be introduced.
(Exhibit)
(h) Removed from Consent Calendar.
(i) Letter to Robert L. Wynn, City Manager, from
the Department of the Army regarding the
review of the Public Notice on the Santa Ana
River Main Stem Including Santiago Creek and
Oak Street Drain Report, stating the Newport
Beach City Council suggestion of developing a
small boat marina in place of a wildlife
preserve would be placed before the Board of
Engineers for their information. (Exhibit)
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(j) Letter from the Office of Emergency Services
•
regarding the recent land uplift in Southern
California along the San Andreas Fault and
stating they will continue their public informa-
tion and earthquake safety programs. '(Exhibit)
(k) Letter from the Southern California Gas Company
enclosing the certified Franchise statement
for the calendar year 1975. (Exhibit)
(1) Letter to Mayor McInnis from Ronald E. Robison,
President of the Spyglass Hill Homeowners
Association in appreciation of the City Council's
efforts in resolving the skateboarding issue.
(Exhibit)
(m) Letter to Mayor McInnis from Robert R. Dockson,
Chairman of the Californians for Progress in
Education, endorsing Proposition I on the June 8th
ballot for a $200 million State school bond
issue. (Exhibit)
(n) Copy of a letter from Robert L. Citron to the
County Administrative Office in opposition to
Assembly Bill 2656 regarding the taxing of
boats and requesting the matter be put on
their next Agenda. (Exhibit)
(o) Letters from the Cities of La Habra, Stanton,
Placentia and Brea regarding the Cities Selection
Committee apointments to be made on April 8.
(Copies sent to Council)
(p) Letter to Mayor McInnis from John D. Lusk stating
appreciation for the safety signs installed at
II
Spyglass Hill. (Exhibit)
(q) Resolutions from the Cities of Costa Mesa and
Garden Grove requesting the Federal Voting
Rights Act of 1975 be amended to eliminate the
requirement for bilingual voting materials.
(r) Letter from the Department of Transportation,
State of California, enclosing a copy of the
Final Environmental Impact Statement covering
the proposed project for replacement of the
Pacific Coast Highway Bay Bridge in Newport
Beach. (Copies sent to Council) (Copy of 157
page Environmental Impact Statement on file in
City Clerk's office)
(s) Letter to Mayor McInnis from the Orange County
Transit District attaching a Notice of Public
Hearing to be conducted on April 19, 1976 in
regard to the District's application to the
Urban Mass Transportation Administration for an
Operating Assistance Grant pursuant to the Urban
Mass Transportation Act of 1964, as amended.
(Exhibit)
(t) Agenda of the Board of Supervisors' meetings held
March 23, 24, 30 and 31 and April 6 and 7, 1976.
Volume 30 - Page 81
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5. The following claims were denied and the Acting City
Claims
Clerk's referral to the insurance carrier was con-
•
firmed.
(a) Claim of Robyn Garrison for personal injuries
Garris
allegedly sustained while she was participating
in a City directed basketball game.
(b) Claim of W. W. and Georgia Leaverton for property
Leaver
loss allegedly incurred when their trash barrel
disappeared on March 1, 1976 from in front of
their residence at 2918 Paper Lane..
(c) Claim of Richard M. Lopatin for damages allegedly
Lopati
caused by the City in connection with his arrest
III
i
on February 20, 1976 in the area of the "wedge ".
i
(d) Claim for the Estate of Donal Michalsky and
Micha]
heirs of decedent, Katja Michalsky Woods,
daughter, and Leona Michalsky, mother, for
property loss and personal loss from a fire at
116 E. Ocean Front, Newport Beach, on January 1,
1976, allegedly due to negligence on the part of
the City for having insufficient water pressure
and /or water to extinguish the fire.
(e) Claim for the Estate of Sarah Kendall Michalsky
Micha]
and heirs of decedent Sylvia Phelps Kendall,
mother and David P. Kendall, brother, for
property loss and personal loss from a fire at
116 E. Ocean Front, Newport Beach, on January 1,
1976, allegedly due to negligence on the part of
the City for having insufficient water pressure
and /or water to extinguish the fire.
(f) Claim of Southern California Edison Company for
So Ca'
damages to their equipment at 1911 East Bay
Edisoi
Front on December 1, 1975, alleging that said
Compai
damage was done when a City refuse truck con-
i
tacted a General Telephone riser.
(g) Claim of Terry and Jan Jones for reimbursement
Jones
of towing and storage costs and for a citation
incurred when their car was towed away from in
front of their residence at 710' Larkspur
Avenue, Corona del Mar, while they were out of
town between February 20 -29, 1976, alleging
negligence on the part of the City in not having
the street properly signed regarding parking
prohibitions.
I
(h) Summons and Complaint for Damages, Assault and
Easle
Battery, False Imprisonment and Wrongful Arrest
of Koma Easley, Case No. 244095 in Orange County
Superior Court.
(i) Claim of Joe and Twila Lee for damage to their
Lee
automobile from cement that splattered on their
pick -up truck while a parking meter was being
replaced in the 1700 block of West Balboa Boule-
vard between March 15 and 23, allegedly due to
negligence on the part of the City.
(j) Claim of Melodie Kay Hunter for damage to her
Hunte
car allegedly caused when it was struck by a
Volume 30 - PaRe 82
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COUNCILMEN
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ROLL CALL �
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COUNCILMEN
CITY OF NEWPORT BEACH
MINUTES
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ROLL CALL
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12. The following harbor permit applications were
Harbo
approved, subject to the conditions recommended by the
Permi
•
staff:
(a). Application 11143 -26 of G. T. Pfleger to relocate
an existing groin at 1126 Harbor Island. (Report
from the Marine Department)
(b) Application 11221 -2808 of Archi- Tekton, Inc. to
construct a wharf and float at 2808-Lafayette
Avenue. (Report from the Marine Department)
13. The request from.the.Chief of Police to purchase a
Utili
utility van instead of a four -door sedan was approved.
Van
(Report from the City Manager)
14. The expense account of Vice Mayor Dostal for attend-
ance at the National League of Cities Environmental
Quality Control meeting and the Legislative Conference
in Washington, D. C. on March 13 through 16, 1976 was
approved.
15. The following budget amendments were approved:
BA -57, $30,000.00 increase in Budget Appropriations
and decrease in Unappropriated Surplus to develop
Ensign View Park, Park 5 Recreation Fund.
BA -62, $1,000.00 transfer of Budget Appropriations
for new dog signs, from Unappropriated Contingency
Reserve to Gen Services -Field Maintenance, Special
Departmental Supplies, General Fund.
BA -63, $21,200.00 increase in Budget Appropriations
and decrease.in Unappropriated Surplus for engineering
and historical data to determine the status of
Semeniuk Slough, General Fund.
BA -64, $120,000.00 increase in Budget Appropriations
and decrease in Unappropriated Surplus; contribution
from off - street parking reserve to purchase Mariners
Mile Area Parking Lot from State of California,
General Fund.
BA -65, $163,585.26.transfer of funds from Federal
Revenue Sharing Fund to repay balance of loan on
Police Facility ($16,251.17), contribution toward
construction of Council Chambers ($105,000.00) and
reimbursement for Police Capital Outlay items
($42,334.09), General Fund.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A Notice of Deadline for Submission of Conflict of
Confl
Interest Codes to the Fair Political Practices
of
Commission on or before October 10, 1976 was referred
int et
Motion
x
to staff, with direction that it be sent to the
A
K
x
x
x
x
x
x
Procedural Ethics Committee before coming back to
Council.
Volume 30 - Page 84
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2. A letter to Mayor McInnis from the Department of
Procls
•
Housing and Urban Development was presented requesting
tion/
that the Mayor proclaim April as Fair Housing Month
Reques
i
and publicize the Fair Housing Law in speeches and
other official releases in City government.
Motion
x
Councilman Kuehn made a motion for the Mayor to honor
the request from the Department of Housing and Urban
Development and'proclaim April as Fair Housing Month
and publicize the Fair Housing Law in speeches and
Ayes
x
other official releases in City government since it
Noes
X
x
x
x
x
N
is a law of the State, which motion failed to
carry.
Motion
21
Councilman Rogers made a motion that the letter be
Ayes
K
x
x
x
x
x
I
referred to the Acting City Clerk for filing and
inclusion in the records, which motion carried.
3. A report was presented from the 'Community Development
Histor
Department regarding Planning Commission Amendment.
Distri
No. 465 requesting an amendment to Municipal Code to
add a Historical Combining District.
Proposed Ordinance No. 1665, being, AN ORDINANCE OF
0 -1665
THE CITY OF NEWPORT BEACH ADDING CHAPTER 20.54 TO THE
NEWPORT BEACH MUNICIPAL CODE CREATING THE "- HISTORICAL"
Motion
COMBINING DISTRICT, was introduced and set for public
Ayes
K
x
x
x
x
X
hearing on April 26, 1976.
4. A report was presented from the Community Development
Off -si
Department regarding the request of the Old Spaghetti
Prkg/
Factory Restaurant to amend their off -site parking
Old
agreement to relocate the off -site parking spaces.
Spaghe
Factor
Bob Roubian of the Crab Cooker addressed the Council
and opposed the request of the Spaghetti Factory.
Motion
x
Mr. Roubian was granted five minutes for his presenta-
Ayes
C
x
x
x
x
x
tion.
Motion
x
Mayor McInnis made a motion to postpone to April 26
the proposed resolution authorizing the execution
of an amendment to an approved off -site parking
agreement between the City.and the Old Spaghetti
Factory, Inc. to relocate the subject off -site
parking spaces.
Councilman Rogers asked that the motion be
amended to postpone the matter to the meeting of
May 10, which amendment was accepted by the maker of
the motion.
Ayes
x
x
x
A vote was taken on Mayor McInnis' amended motion,
which motion carried.
5. .A report was presented from the Community Development
Off -sil
Department regarding the request of Voyagers Yacht
Prkg/
•
Club for an off -site narking., agreement in conjunction
Voyages
with the establishment of the Yacht Club, located at
Yacht
2814 Lafayette Avenue, on the easterly side of
Club
Lafayette Avenue between 29th Street and Villa Way, i
I
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Lafayette Avenue between 29th Street and Villa Way,
in "Cannery Village."
•
Brian Mock and Brian Hall addressed the Council and
opposed the request of the Voyagers Yacht Club.
Scott Turpin, representing Voyagers Yacht Club,
addressed the Council.
Motion
x
Resolution No. 8747, authorizing the execution of an
R -8747
Ayes
K
x
x
x
off -site parking agreement between the City of
Noes
x
Newport Beach.and Voyagers Yacht Club in connection.
Abstain
x
with the establishment of a yacht club facility, was
adopted.
6. A report was presented from the Community Development
Home
regarding Planning Commission Amendment No. 464, a.
Occupat;
request initiated by the City to consider an amendment
to Title 20 of the Code which would allow "Home
Occupations."
Phil Scheid addressed the Council in support of the
amendment.
Proposed Ordinance No. 1666, being, AN ORDINANCE OF
0 -1666
THE.CITY OF NEWPORT 'BEACH AMENDING TITLE 20 OF THE
NEWPORT BEACH MUNICIPAL CODE BY ADDING THERETO
SECTION 20.87.209 DEFINING "HOME .00CUPATION" AND
ADDING SECTION 20.10.040 ESTABLISHING PERFORMANCE
AND DEVELOPMENT STANDARDS FOR HOME OCCUPATIONS AND
AMENDING SECTIONS 20.12.015(c), 20.13.015(b),
20.14.015(c), 20.16.025 AND 20.17.025 RELATING TO
PERMITTED.USES IN THE R -A, R -1, R -1 -5, R- 2,.R -3
Motion
x
AND R -4 DISTRICT, was introduced and set for
Ayes
C
X
x
x
x
x
x
public hearing on April 26, 1976.
ADDITIONAL BUSINESS:
1. A representative of the Corona del Mar Chamber of
Trans -
Motion
x
Commerce was added as an official observer to the
portat;
Ayes
x
x
x
x
x
Transportation Plan Citizens Advisory Committee.
Plan
Citizens
2. Resolution No. 8748, urging that the Southern
Adv Cmte
California Association of Governments Executive
Committee include Newport- Irvine Waste - Management
NIWA
Planning Agency as a full voting member on the
R -8748
Southern California Association of Governments
.
"208" Program Management Committee, and that when
appropriate, the City of Newport Beach be designated
Motion
x
as one of the City representatives on the "208"
Ayes
C
K
x
x
x
x
x
Program Management Committee, was adopted.
3. Resolution No. 8749, authorizing the Mayor and
West New
City Clerk to execute a cooperative agreement
port
between The City of Newport Beach and the State
Gas Odor
California Business and Transportation Agency,
R -8749
Department of Transportation, in connection with the
Ilk
Voluem 30 - Page 86
COUNCILMEN
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April 12 1976 INDE R
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