HomeMy WebLinkAbout11/28/1977 - Regular MeetingCOUNCILMEN
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ROLL CALL
CITY OF NEWPORT BEACH
Regular Council Meeting
Place: Council Chambers
Time: 7:30 P.M.
Date: November 28, 1977
MINUTES
INDEX
�esent
x
x
x
x
x
x
x
Roll Call.
The reading of the Minutes of the Regular Meeting of
Motion
x
November 14, 1977 was waived, and said Minutes were
Ayes
x
x
x
x
x
x
x
approved as written and ordered filed.
The reading in full of all ordinances and resolutions
Motion
x
under consideration was waived, and the City Clerk was
Ayes
x
x
x
x
x
x
x
directed to read by titles only.
HEARINGS:
1. Mayor Dostal opened the continued public hearing
Alley Paving
on the report of the Public Works Director on
B1 3
cost of work for alley paving in Block 3, Balboa
Balboa Tr
Tract accomplished under Chapter 27 of the
(2425)
Improvement Act of 1911 (informal contract).
A report was presented from the Public Works
Director.
Motion
x
The hearing was closed after it was determined
Ayes
x
x
x
x
x
x
x
that no one desired to be heard.
Resolution No. 9220, confirming the cost of
R -9220
constructing alley improvements and assessing
said costs against certain real property pursuant
to the provisions of Chapter 27 of the Improvement
Act of 1911 (Block 3, Balboa Tract) (Block
4#tion
x
bounded by E. Balboa Boulevard, Cypress Street,
es
x
x
x
x
x
x
x
Harding Street and Adams Street), was adopted.
2. Mayor Dostal opened the public hearing in connec-
Weed
tion with the Fall 1977 Weed Abatement Program.
Abatement
(150)
A report was presented from the Fire Chief dated
November 15, 1977 regarding the abatement of
weeds and other nuisances within the City and
submitting the Assessment List for the Fall 1977
Program.
Joe Moreland addressed the Council opposing the
Weed Abatement Program.
Motion
x
The hearing was closed after it was determined
Ayes
x
x
x
x
x
x
x
that no one else desired to be heard.
Resolution No. 9221, confirming the report of the
R -9221
Fire Chief concerning the cost of the abatement
of weeds and other nuisances and requesting the
auditor - controller of Orange County to enter the
Motion
x
amount of each assessment referred to in said
Ayes
x
x
x
x
x
x
x
report on the County Tax Roll, was adopted.
ORDINANCES FOR SECOND READING AND ADOPTION:
1. Ordinance No. 1757, being,
Business
License
•
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
Tax
AMENDING CHAPTER 5.04; SECTIONS 5.08.010 AND
0 -1757
5.08.020; AND ADDING SECTIONS 5.08.022 AND
(891)
Volume 31 - Page 299
CITY OF NEWPORT BEACH
COUNCILMEN
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MINUTES
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5.08.024 TO THE NEWPORT BEACH MUNICIPAL CODE
TO PROVIDE FOR THE COLLECTION OF A GROSS
RECEIPTS TAX, ESTABLISHING A MINIMUM TAX AND
OPTIONAL METHOD OF DETERMINING TAX; TO
BECOME EFFECTIVE UPON ITS DATE OF ADOPTION
AS AN ORDINANCE FIXING THE RATE OF TAXATION,
relating to business license fees.
Joe Moreland addressed the Council opposing the
ordinance.
Motion
x
Ordinance No. 1757 was adopted.
Ayes
x
x
x
x
x
x
x
CONTINUED BUSINESS:
1. A request for the assignment of the contract for
Armstrong
oil production from Armstrong Petroleum Corpora-
Petroleum
tion to Partnership Properties Company and Petro-
(122)
Motion
x
Lewis Corporation was postponed to December 12,
Ayes
x
x
x
x
x
x
x
1977.
2. The appointment of a member to fill a vacancy on
Ping Coman
Motion
x
the Planning Commission was postponed to
(530F)
Ayes
x
,x
x
x
x
x
x
December 12, 1977.
3. Citizens Advisory Committee appointments:
•
Councilman Rogers' (District 1) appointment of a
Litter
member to the Litter Control Citizens Advisory
CAC
Committee to fill the unexpired term of Anita J.
(2046)
Motion
x
Ferguson ending December 31, 1977 was postponed
Ayes
x
x
x
x
x
x
x
to December 12, 1977.
Councilman McInnis' (District 2) appointment of a
Com Dev
member to the Community Development Citizens
CAC
Advisory Committee to fill the unexpired term of
(2127)
Motion
x
Gwendolyn Felton ending December 31, 1977 was
Ayes
x
x
x
x
x
x
x
postponed to December 19, 1977.
CURRENT BUSINESS:
1. A report was presented from the Community Develop-
Tract 9810
ment Department regarding Final Map Tract No.
9810, a request of Pacesetter Homes, Inc. to
subdivide 0.926 acres into seven lots for two -
family residential development and one lot to be
utilized as a common ingress and egress for four
of the proposed residential lots on property
located at 2507 -2525 - 16th Street, on the
southeasterly corner of 16th Street and Tustin
Avenue in Newport Heights; zoned R -2.
Motion
x
The Final Map of Tract No. 9810 was approved,
Ayes
x
x
x
x
x
x
incorporating by reference the condition recom-
-: $oes
x
mended by the Planning Commission; and Resolution
R -9222
No. 9222, authorizing the Mayor and City Clerk to
execute an agreement between the City of Newport
Beach and Pacesetter Homes, Inc. in connection
with construction of improvements in Tract No.
9810 (2507 -2525 - 16th Street), was adopted.
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COUNCILMEN
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ROLL CALL
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Motion
Ayes
Noes
Abstain
Oo otion
es
es
Motion
Ayes
Motion
yes
CITY OF NEWPORT BEACH
MINUTES
November 28, 1977
Christmas
Decorations/
Banner Req
(391 & 2190)
Traffic
Signal
Priorities
(711)
Spyglass Hill
Park Impry
(2766)
R -9223
Council
Policies
(430F)
2. A report was presented from the Public Works
Director regarding the request of the Via Lido
Plaza Merchants Association to install Christmas
decorations, including a banner across Via Lido.
x
Councilman Rogers made a motion to approve the
request for the Christmas decorations, and to
deny the request for the banner.
Councilman McInnis asked the maker of the motion
if she would consider amending her motion to
approve the banner for a period of time shorter
than the three weeks requested.
Councilman Rogers amended her motion to approve
the banner for the three -week period with the
stipulation that -the staff was to advise the
Association on the placement of the banner.
x
x
x
OP
x
A vote was taken on Councilman Rogers' amended
x
k�
motion, which motion carried.
377
?' A report was presented from the Public Works
Department regarding 1977 -78 Traffic Signal
Priorities.
The priorities list for the 1977 -78 traffic
x
signals was approved as modified by Council to
x
x
x
x
x
x
move the reconstruction of the traffic signals on
x
Newport Boulevard at Via Lido and Finley Avenue
into the current fiscal year program and the
construction of a traffic signal on Birch Street
at Quail Street from the current year into the
1978 -79 program; and the staff was directed to
proceed with the traffic signal projects as
approved.
4. A report was presented from the Public Works
Director and the Parks, Beaches and Recreation
Director regarding the Spyglass Hill Park improve-
ments, Contract No. 1970..
A letter from Spyglass Hill Community Association
regarding funding of the Park was presented.
x
Resolution No. 9223, awarding a contract to
•
x
x
x
x
x
x
Gaudenti and Sons Landscaping Corporation in
connection with Spyglass Hill Park Improvements,
Contract No. 1970, was adopted.
5. A report was presented from the City Attorney
regarding proposed amendments to Council Policies
A -4 and A -10.
The amendments to Council Policy A -4, "Board or
x
Commission Appointments," and to Council Policy
•
x
x
x
x
x
x
A -10, "Procedural Rules for the Conduct of City
Council Meetings." were approved.
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Volume 31 - Page 301
Christmas
Decorations/
Banner Req
(391 & 2190)
Traffic
Signal
Priorities
(711)
Spyglass Hill
Park Impry
(2766)
R -9223
Council
Policies
(430F)
CITY OF NEWPORT BEACH
COUNCILMEN
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ROLL CAII r November 28, 1977
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CONSENT CALENDAR:
Motion
x
The following actions were approved by one motion
Ayes
x
x
x
x
x
x
x
affirming the actions on the Consent Calendar:
1. The following resolutions were adopted:
(a) Resolution No. 9224 designating the County
Anti - Litter
Solid Waste Management Agency as the enforce-
R -9224
ment agency to carry out the provisions of
(2046)
the Solid Waste Control Act of 1976. (A
report from the City Manager)
(b) Resolution No. 9225 authorizing the execution
Audit Report
of an Auditing Services Agreement between
R -9225
the City of Newport Beach and Hurdman and
(224)
Cranstoun, Certified Public Accountants, for
fiscal year 1977 -78. (A report from the
Finance Director)
(c) Resolution No. 9226 authorizing the Mayor
FAU Funding
and City Clerk to execute Program Supplement
R -9226
No. 1 - Revised - to Local Agency State
(2743)
Agreement No. 07 -5151 covering the FAU
funding for the Coast Highway -Dover Drive
improvements and the Upper Newport Bay
Bridge replacement. (A report from the
Public Works Director)
•
(d) Removed from the Consent Calendar.
(e) Resolution No. 9227 authorizing the Mayor
Lifeguard
and City Clerk to execute an agreement
Services
between the City of Newport Beach and the
R -9227
Orange County Harbors, Beaches and Parks
(272)
District for lifeguard services in the
unincorporated areas. (A report from the
Marine Department)
2. The following communications were referred as
indicated:
(a) To staff for reply, a request from Mrs.
Parking
Merian I. Ritchey to remove the no parking
Prohibitions
zone in front of the Riverside post office.
(440F)
(Copies mailed to Council)
(b) To the City's representative to the League of
OrCo Div
Cities, a letter from the Orange County
League
Division regarding the two issues to be con-
Calif
sidered at the December meeting; namely, the
Cities
distribution of the funds for the Safer Off-
(2529)
Systems Road Program, and the future role of
SCAG in land planning in California. (Copies
mailed to Council)
3. The following communications were referred to the
•
City Clerk for filing and inclusion in the records:
(a) A copy of a letter to the Director of Public
Works from Dr. James J. Ashen regarding
repair work that should be done on the curb
and gutter in front of his home at 1948
Santiago Drive. (Copies mailed to Council)
(600)
Volume 31 - Page 302
CITY OF NEWPORT BEACH
COUNCILMEN
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ROLL CALL 0 November 28, 1977
MINUTES
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(b) A letter from the Southern California Edison
(Tract 6015)
•
Company stating that the Final Parcel Map for
Block 600 of Newport Center will not un-
reasonably interfere with their use of the
easements held by them. (Copies mailed to
Council)
(c) A letter and resolution from the City of Seal
Beach concerning the personnel for the Solid
Waste Enforcement Agency. (Copies mailed to
(2046)
Council)
(d) A letter to Mayor Dostal from Supervisor
Riley regarding the support for Bowers
Museum Foundation. (Copies mailed to Council)
(2807)
(e) A letter to the Orange County League of
California Cities from the Orange County
Environmental Management Agency regarding the
"Safer Off- System Roads Program" and the
administration of the funds appropriated by
Congress. (Copies mailed to Council)
(205)
(f) A bulletin from the Criminal Justice Program,
National League of Cities and U. S. Conference
of Mayors regarding funds for Law Enforcement
Assistance Administration. (Copies mailed to
(2526)
Council)
•
(g) The Orange County Progress Report for 1977..
(A copy is on file in the City Clerk's
(20)
office.)
(h) Agenda of the Board of Supervisors meetings
of November 15, 16, 22 and 23, 1977.
(20)
(i) A letter to the Mayor from Gordon Young
expressing his appreciation to the paramedic
unit which responded at the time his wife had
a severe heart seizure for their quick
response and expert treatment. (Attached)
(1893)
4. The following claims were denied and the City
Claims
Clerk's referral to the insurance carrier was
confirmed:
(a) Claim of Richard and Elaine Foxx for damage
Foxx
to their property at 2033 Santiago, Newport
(2821)
Beach, allegedly caused by tree roots blocking
a City sewer line, which caused a plumbing
problem on October 30, 1977.
(b) Claim of George I. Parrish for property
Parrish
damage to five trash barrels on November 14
(2822)
at 410 West Coast Highway allegedly by the
City refuse collectors.
(c) Claim of Ed and Carol Ziemer for property
Ziemer
•
damage to their bathroom at 2033 E. Ocean
(2823)
Boulevard in Balboa on November 1, 1977,
allegedly caused by a stopped up City sewer
line.
Volume 31 - Page 303
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
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(d) Claim of Ruth H. Emmerson for personal
Emmerson
•
injuries sustained from a fall on September 3,
(2824)
1977 on East Coast Highway when she slipped
while walking along the bicycle path which
was covered with eucalyptus berries, alleging
improper maintenance by the City.
5. The following request to fill personnel vacancies
(1203F)
was approved: (A report from the City Manager)
(a) One Secretary in the Personnel Department to
fill a position now vacant.
6. Staff Reports - Removed from the Consent Calendar.
7. The following was set for public hearing on
December 12, 1977:
(a) Tentative Map of Tract No. 10135, a request
Tract 10135
of Richard R. Cantrell, to establish one lot
where four lots now exist to permit the
conversion of eight residential units into an
eight -unit residential condominium complex on
property located at 421 -427 East Bay Avenue,
on the southwesterly corner of East Bay
Avenue and Adams Street on the Balboa
Peninsula, zoned R -3. (A report from the
Community Development Department)
8. The following budget amendments were approved:
BA -38, $200.00 increase in Budget Appropriations
for purchase of materials necessary to build
adequate storage area for surfboards, from Reserve
for Surfboards, Park and Recreation Fund to
Marine, Maintenance and Repair Material, General
Fund. (A report from the Parks, Beaches and
Recreation Director)
BA -39, $53,300.00 increase in Budget Appropriations
and in Revenue Estimates, contribution from John
D. Lusk & Son, appropriation for development of
Spyglass Hill Park, and reserve of balance for
future improvements, from Unappropriated Surplus
to Development of Spyglass Hill Park, Building
Excise Tax Fund.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A report was presented from the Public Works
Resub 560
Director regarding Resubdivision No. 560, located
(2825)
on the northeasterly corner of East Coast Highway
and Avocado Avenue.
Resolution No. 9228,authoriziug the Mayor and City
R -9228
Motion
x
Clerk to execute a Subdivision Agreement in
Ayes
x
x
x
x
x
x
x connection with Resubdivision No. 560 (Bank of
Newport), was adopted.
•
2. A report was presented from the Community Develop-
General Plan
ment Department advising that the Planning
(673)
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Volume 31 - Page 304
CITY OF NEWPORT BEACH
COUNCILMEN
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Nnvemher 28. 1977
MINUTES
INDEX
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Commission had considered General Plan Amendment
•
77 -3 consisting of four parts as follows:
77 -3 -A: A proposed amendment to the Land Use and
Residential Growth Elements to change
the designation on property currently in
the R -2 District, located on the east
side of North Newport Boulevard, north
of Santa Ana Avenue, from "Two - Family
Residential" to "Retail and Service
Commercial."
77 -3 -B: A proposed amendment to the Land Use and
Residential Growth Elements to change
the designation of the Roger's Gardens
site and the vacant property to the
south, bounded by MacArthur Boulevard,
San Joaquin Hills Road, and San Miguel
Drive, from "Low- Density Residential" to
"Retail and Service Commercial."
77 -3 -C: A proposed amendment to the Residential
Growth Element to revise the definition
of "buildable acreage" to exclude areas
dedicated for park purposes and areas to
be used for street purposes.
77 -3 -D: A proposed amendment to the Land Use and
Residential Growth Elements creating a
•
new density category of "High- Density
Residential -- Greater than 10 DU's per
Buildable Acre ", and amending the Land
Use Plan and Residential Growth Plan
maps as appropriate.
The report also advised that the Planning Commis-
sion had recommended to the Council that Part A be
denied, and that Parts B, C and D be removed from
the calendar for reconsideration at the February,
1978 General Plan Amendment session.
Motion
x
The Planning Commission's action on 77 -3 -A and
Ayes
x
x
x
x
x
77 -3 -B was confirmed, and 77 -3 -C and 77 -3 -D were
Noes
x
x
set for public hearing on December 12, 1977.
ADDITIONAL BUSINESS:
1. Resolution No. 9229, authorizing the City Attorney
OrCo
to intervene on behalf of the City and become a
Airport
party in the applications of Western Airlines and
R -9229
Air California before the Civil Aeronautics Board
(195)
Motion
x
for route authority between Las Vegas and Orange
Ayes
x
x
x
x
x
x
x
County, was adopted.
2. Resolution No. 9230, opposing the policy of the
SCAG
Southern California Association of Governments to
R -9230
use its goals and objectives in an attempt to
(447F)
control local land use planning, was adopted; and
the City's delegate to the League of Cities was
tion
x
instructed to ask the other cities for their
Ayes
x
x
x
x
x
x
x
support.
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Volume 31 - Page 305
COUNCILMEN
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ROLL CALL
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CITY OF NEWPORT BEACH
MINUTES
November 28, 1977
Armstrong
Petroleum
(122)
x
3. The staff was authorized to serve a Notice of
x
x
x
x
x
x
x
Default on Armstrong Petroleum Corporation for
violating certain provisions of the oil operation
agreement between the City of Newport Beach and
Armstrong Petroleum Corporation dated October 30,
1968; said Notice to be filed after receiving a
legal opinion from outside special counsel that
adequate grounds exist for declaring said agreement
in default.
The meeting was adjourned at.8:40 p.m.
Mayor
ATTEST:
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City Clerk OA \
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Armstrong
Petroleum
(122)