HomeMy WebLinkAbout07/25/1977 - Regular MeetingCOUNCILMEN
\ALL 0'PF ?'o F\ ROLL C
Present z x x x x x
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Ayes x
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CITY OF NEWPORT BEACH
MINUTES
Regular Council Meeting
Place: Council Chambers
Time: 7:30 P.M.
Date: July 25, 1977
Supervisor Tom Riley presented a check in the amount
of $22,500 to Mayor Dostal in behalf of the City,
which represented a portion of the City's Revenue
Sharing Funds for West Newport Park.
Roll Call.
The reading of the Minutes of the Regular Meeting of
July 11, 1977 was waived, and said Minutes were
approved as written and ordered filed.
The reading in full of all ordinances and resolutions
under consideration was waived, and the City Clerk
was directed to read by titles only.
ORDINANCES FOR SECOND READING AND ADOPTION:
1. Ordinance No. 1744, being,
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING SECTION 14.12.090 OF THE NEWPORT
BEACH MUNICIPAL CODE TO ELIMINATE THE LOWER
QUANTITY RATE FOR LARGE USERS FROM THE
WATER RATE SCHEDULE,
was presented for second reading.
Ordinance No. 1744 was adopted.
CONTINUED BUSINESS:
1. A report was presented.from the Public Works
Department regarding the traffic signal and
safety lighting on Birch Street at Dove Street,
Contract No. 1801.
Liquidated damges for delay in contract completion
were assessed in the amount of $2,300.00.
2. Reports dated July 14 and July 21 from the
Assistant to the City Manager were presented
regarding salary negotiations with the Newport
Beach Police Employees Association.
A report was presented from the Police Employees
Association.
The following people addressed the Council in
favor of the salary increases as requested by
the Police Association: Sgt. Jim Gardner of the
Newport Beach Police Association, Tom Fox,
Officer David Scruggs and Goldie Joseph.
Marguerite Forgit addressed the Council and
suggested that possibly the salary and fringe
benefits would be better under a Social Security
program.
Volume 31 - Page 189
INDEX
Water
Rates
0 -1744
(250)
Birch /Dove
Traffic
Signal
(2410)
Budget
(764)
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
'A 9 ODN'P�
a+ C� Pp \ C� Z
�A� 9� ��
ROLL CALL �\ July 25, 1977 INDEX
Al Slaight, principal spokesman for the City
during the negotiations, addressed the Council
and recommended that the issue not be sent back
to negotiations, and also recommended a 6.08%
increase.
Motion
x
Mr. Slaight was granted two additional minutes
Ayes
x
x
x
x
x
x
for his presentation.
Absent
x
The wages and fringe benefits for the Police
Motion
x
Employees Association were established at an
Ayes
x
x
x
x
x
increase of 6.08 %, with wages to be at 5.0%, on
Noes
x
a one -year proposal retroactive to July 16,
Absent
x
1977.
3. A report dated July 14 from the Assistant to the
Budget
City Manager was presented regarding salary
(764)
negotiations with the Newport Beach Employees
League.
A report was presented from the Newport Beach
Employees League.
Motion
x
The wages and fringe benefit adjustment for the
Ayes
x
x
x
x
x
x
Newport Beach Employees League for the Fiscal
Absent
x
Year 1977 -78 was established at a 6% increase,
which is a 4.9% salary increase plus an increase
in fringe benefits totaling 6 %, retroactive to
July 16, 1977.
4. Appointments to Citizens Advisory Committees:
(District 2) Councilman McInnis' appointment of
Bicycle
a member to the Bicycle Trails Citizens Advisory
Trails
Motion
x
Committee to fill the unexpired term of Duane C.
CAC
Ayes
x
x
x
x
x
x
Black ending December 31, 1977 was postponed to
(205F)
Absent
x
September 12, 1977.
(District 4) Mayor Dostal's appointment of Grant
Com Dev
Motion
x
Howald as a member of the Community Development
CAC
Ayes
x
x
x
x
x
x
Citizens Advisory Committee to fill the unexpired
(2127)
Absent
x
term of Alex Schvarz ending December 31, 1977
was confirmed.
CURRENT BUSINESS:
1. A report was presented from the Public Works
Cliff
Director regarding construction of Phase One
Drive
Improvements at Cliff Drive Park, Contract No.
Park
1677.
(1970)
Motion
x
Resolution No. 9153, awarding a contract to Acer
R -9153
Ayes
x
x
x
x
x
x
Landscaping in connection with construction of
Absent
x
Phase One Improvements at Cliff Drive Park,
Contract No. 1677, in the amount of $58,974.70,
was adopted.
i
Volume 31 - Page 190
CITY OF NEWPORT BEACH
COUNCILMEN
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ROLL CALL \ \ July 25, 1977
MINUTES
WEX -
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rea
2. A report was presented from the Board of Library
Library
Trustees regarding the Dorothea Sheely memorial
(2030)
gift from the Friends of the Newport Beach
•
Public Library.
Motion
x
Resolution No. 9154, accepting a gift from the
R -9154
Ayes
x
x
x
x
x
x
Friends of the Newport Beach Library for a
Absent
x
reading area in the Newport Center Branch Library
honoring Dorothea Shealy, was adopted; and
Councilman Kuehn, on behalf of the City, expressed
appreciation to the Friends of the Library for
their gift and thanked Dorothea Sheely for thirty
years of dedicated service.
3. A report was presented from the City Manager
Banner
regarding the request by Hoag Hospital for
Request
permission to install a temporary banner.
(2190F)
Motion
x
The request for the temporary banner was approved.
Ayes
x
x
x
x
x
x
Absent
x
4. A report was presented from Councilmen Ryckoff
Finance
and Barrett regarding establishment of a Citizens
Budget
Finance and Budget Committee.
Cmte
(2724)
Motion
x
Councilman Ryckoff made a motion to approve the
committee concept and direct the staff to
prepare a resolution establishing a Citizens
Finance and Budget Committee.
Councilman Rogers asked that the motion be
amended to include a one -year sunset termination
clause, which amendment was accepted by the
maker of the motion.
Ayes
x
x
x
A vote was taken on Councilman Ryckoff's amended
Noes
x
x
x
motion, which motion failed to carry.
Absent
x
5. A report was presented from the Marine Department
Boat
regarding the requests of Paul Alfrey and Robert
Launchi
Lynch to allow the launching of their vessels by
(1142)
crane over the public bulkhead at the Rhine
Wharf Park.
Motion
x
The requests of Paul Alfrey and Robert Lynch to
Ayes
x
x
x
x
x
x
launch their vessels by crane over the public
Absent
x
bulkhead at Rhine Wharf Park were approved
subject to the conditions recommended by staff.
CONSENT CALENDAR:
Motion
x
The following items were approved by one motion
Com Dev
Ayes
x
x
x
x
x
x
affirming the actions on the Consent Calendar.
Proced u
Absent
x
0 -1745
1. The following ordinance was introduced and set
(1376)
for public hearing on August 8, 1977:
(a) Proposed Ordinance No. 1745, being, AN
ORDINANCE OF THE CITY OF NEWPORT BEACH
t
Volume 31 - Page 191
ng
rea
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
'Ap 9 pp �G\
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`r July 25, 1977
ROLL CALL INOEY
ADDING SECTION 20.83.045 TO THE NEWPORT
BEACH MUNICIPAL CODE TO PROVIDE THAT IF A
•
NONCONFORMING USE IS MADE MORE CONFORMING
OR CONFORMING TO THE CODE IT MAY NOT BE
CHANGED TO A LESS CONFORMING USE THERE-
AFTER, pertaining to nonconforming properties
.
which have been voluntarily brought into
conformity with the Municipal Code and
which would preclude the re- establishment
of the former nonconforming condition. (A
report from the Community Development
Department attached)
2. The following ordinance was introduced and
passed to second reading on August 8, 1977:
(a) Proposed Ordinance No. 1746, being, AN
Speed
ORDINANCE OF THE CITY OF NEWPORT BEACH
Limits
AMENDING SECTION 12.24.040 OF THE NEWPORT
0 -1746
BEACH MUNICIPAL CODE ESTABLISHING A 35 MPH
(163F)
SPEED LIMIT ON DOVE AND QUAIL STREETS. (A
report from the Public Works Department
attached)
3. The following resolutions were adopted:
(a) Resolution No. 9155 authorizing the execution
Girl
of a Lease Agreement between the City of
Scout
Newport Beach and the Girl Scout Council of
Lease
Orange County. (Copy of lease agreement
attached)
R -9155
(860)
(b) Resolution No. 9156 awarding a contract to
Insuranc
R. L. Kautz and Company to provide adjusting
R -9156
services under the City's general liability
(390F)
insurance policy. (A report from the
Assistant City Attorney attached)
4. The following communications were referred as
indicated:
(a) To staff for reply, letters from Mrs. Laura
Tax Rate
M. Doyle and Mrs. Frederick H. Jones
(333)
requesting a reduction in the tax rate.
(Copies mailed to Council)
(b) To staff for reply, a letter from Lisa
Bicycle
Manigal in favor of licensing children 10
Regs
years of age and over to drive mo -peds.
(134)
(Copies mailed to Council)
(c) To staff for reply, a letter from Mrs.
Litter
Harold Borchsenius about the litter and
(2046)
garbage strewn in the alley at the end of
Abalone Avenue on Balboa Island. (Copies
mailed to Council)
•
(d) To staff for reply, a letter from the
CATV
Eastbluff Homeowners Community Association
(6)
i
Volume 31 - Page, 192
CITY OF NEWPORT BEACH
COUNCILMEN
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asking that the installation schedule
adopted on February 26, 1976.for Teleprompter
•
be accelerated or that Council authorize
a second franchise. (Attached)
(e) To staff for reply, a letter from the
Off -Stre
Minney Family Enterprises, Inc. submitting
Parking
a change in the off - street parking for a
(1608)
new restaurant which will succeed the
Monterey Mansion restaurant. (Copies
mailed to Council)
(f) To Pending Legislation and Ethics Committee,
Solid
a resolution from the Garden Grove Sanitary
Waste
District urging the Orange County Board of
Manageme
Supervisors to authorize purchase of equip-
(2046)
ment urgently needed at transfer stations
and landfills. (Copies mailed to Council)
(g) To the City's representative to the Orange
OrCo Div
County Division of the League of California
League
Cities, a notice of vacancies on the Orange
Calif Ci
County Emergency Medical Care Committee,
Cmtes
the Orange County Human Relations Commission
(2527)
and the Orange County Citizens Advisory
Committee to the Regional Park Study.
(Copies mailed to Council)
5. The following communications were referred to
the City Clerk for filing and inclusion in the
records:
(a) A copy of a letter to "The Editor" from
Mrs. Nancy R. Taylor regarding the illegal
use of fireworks on the 4th of July.
(423)
(Copies mailed to Council)
(b) Removed from the Consent Calendar.
(c) A letter from Bob and Sandy Fournier
commending the Police Department for doing
their job 1,000 per cent better than last
year. (Copies mailed to Council)
(620)
(d) A copy of a letter to the Orange,County
Board of Supervisors from Mr, and Mrs.
Godfrey Lumsdon protesting the increase in
property valuations again this year.
(28)
(Copies mailed to Council)
(e) A letter from E. P. Benson opposing a
building moratorium in Newport Beach.
(673)
(Copies mailed to Council)
(f) A copy of a letter to the Utilities
Superintendent from Mrs. Marguerite Forgit
•
concerning hosing down the sidewalks in
front of their place of business. (Copies
(1817)
mailed to Council)
Volume 31 - Page 193
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CITY OF NEWPORT BEACH
COUNCILMEN
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c��t99P�`"CC�F�y syy
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ROLL CALL \ July 25, 1977
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_LN-D-L
(g) A copy of a letter to Mayor Dostal from
Gary Lovell commending the City for retaining
•
the capable talents of Dennis O'Neil, City
Attorney, and Hugh Coffin, Assistant City
Attorney, specifically in the matter of
Park Land Diversion. (Copies mailed to
(105F)
Council)
(h) Letters from the Newport Harbor Chamber of
Commerce and the Soroptimist Club of Newport
Harbor Area opposing the use of Federal
funding for the Senior Citizens Center.
(2082)
(Copies mailed to Council)
(i) A letter to Mayor Dostal from the Newport
Harbor Chamber of Commerce submitting a
complete list of road construction projects
that the Chamber considers as Areas of
concern for this year. (Copies mailed to
(20)
Council)
(j) The Grand Jury Report for Orange County for
1976 -77. (Copy on file in the City Clerk's
(50)
office)
(k) Agenda of the Board of Supervisors meetings
of July 12, 13, 14, 15, 18, 19, 20, 21 and
(20)
22, 1977.
(1) A letter from the State Board of Equalization
regarding the estimate of refunds which
must be made to national banks pursuant to
the United States Supreme Court's decision
in the Case of Diamond National Corporation
et al v. State Board of Equalization.
(20)
(Copies mailed to Council)
(m) A letter to the City Manager from the Chief
Superintendent of the Surf Life Saving
Association of Australia thanking the Marine
Department and Marine Director Harshbarger
for the hospitality shown him on his recent
(1964)
visit. (Attached)
(n) A notice from the California Society for
Autistic Children of a meeting in Tustin on
July 22 regarding programs for all autistic
(20)
persons. (Copies mailed to Council)
6. The following claims were denied and the City
Clerk's referral to the insurance carrier was
Claims
confirmed:
(a) Claim of Irving X. Burg for an unnecessary
Burg
service call on July 3, 1977 when his sewer
line at 2301 Bayside Drive was cloggedi
allegedly due to the City's main line being
•
blocked.
i
Volume 31 - Page 194
X
CITY OF NEWPORT BEACH
COUNCILMEN
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July 25, 1977
MINUTES
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(b) Claim of Missy Ann Hoelscher for alleged
Hoelsch
damage to a tree on her property at 418
(2716)
•
Dahlia Avenue when it was struck by a City
vehicle on July 1, 1977.
(c) Claim of Marsha Slutzky for paint splattered
Slutzky
over her car on June 24, 1977 when she
(2718)
drove through the intersection at the
corner of Jamboree and Eastbluff Drive
which wa.s covered with wet paint. She is
alleging the City is responsible due to
negligence on their part in allowing the
condition to exist.
(d) Claim of South Coast Car Leasing, Inc. for
So Cos
damage to their automobile on June 10, 1977
Car
while leased to the City, as it was allegedly
Leasing
involved in an accident at Coast Highway
(2719)
and Dover Drive.
(e) Claim of State Farm Insurance Company for
State
Daniel McIlroy for damages to his car,
McIlro7
allegedly sustained when it was struck by a
(2717)
City vehicle while parked in the parking
lot of the Newport Beach Elementary School
at 15th and Balboa Boulevard on June 6,
1977.
(f) Claim of Richard B. Thomas for damage to
Thomas
•
his tires caused by the guard spikes in the
parking lot at Bobby McGee's Conglomeration
(2721)
allegedly due to a police car damaging the
spikes, causing some of them to point in
the wrong direction, just before Mr.
Thomas used the exit.
(g) Claim of Robert Wacker, General Manager of
Wacker
Bobby McGee's Conglomerate, for damage
(2722)
allegedly sustained when a police car
damaged the guard spikes and associated
devices in their parking lot by entering
the parking lot on the exit aide.
(h) Claim of John Duel for towing and storage
Duel
charges incurred when his car was towed
(2715)
away from an allegedly legal parking space
with meter post but no meter on Balboa
Boulevard between Palm and Washington on
July 2, 1977.
(i) Claim of Alvin Leonard Dortch alleging
Dortch
personal injuries, false arrest, false
(2714)
imprisonment, etc., in connection with his
arrest on April 16, 1977 at 2601 Eastbluff
Drive.
(j) Claim of Stanley Deacon Alexander alleging
Alexan
•
personal injuries, false arrest, false
(2712)
imprisonment, etc., in connection with his
arrest on April 16, 1977 at 2601 Eastbluff
Drive.
Volume 31 - Page 195
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4
CITY OF NEWPORT BEACH
MINUTES
Julv 25. 1977
_INDEX
>tephens
(2720)
(1203)
DrCo
Housing
Authority
(1272)
Youth
Services
(2157)
Board of
Lib Truer.-.-
(330F)
City Arts
Comsn
(120F)
Seal Coat
Program
(2723)
Campus/
Von Karman
Trfc Signal
(2520)
(k) Claim_of Peggy M. Stephens for damage to
her car allegedly sustained when it was
struck by a City vehicle at the intersection
'
of Irvine Boulevard and Bristol Street on
April 11, 1977.
7. The following request to fill personnel vacancies
was approved: (Report from the City Manager)
(a) One Tree Trimmer I in the Parks, Beaches
and Recreation Department to fill a position
now vacant.
(b) One Police Officer in the Police Department
to fill a position now vacant.
(c) One Equipment Mechanic.I in the General
Services Department to fill a position now
vacant.
8. The following staff, commission and committee
reports were received and ordered filed:
(a) Memorandum from the Community Development
Citizens Advisory Committee with recommend-
ation regarding City's participation with
Orange County Housing Authority. (Attached)
(b) Memorandum from the City Manager regarding
the proposed "Newport Youth Alternatives
Project." (Attached)
(c) Memorandum from the Board of Library
Trustees stating that the Board had elected
Spencer E. Covert, Jr. as Chairman, Carter
McDonald as Vice Chairman and Mary Richmond
as Secretary. (Attached)
(d) Memorandum from the City Arts Commission
stating that the Commission had elected
Jacqueline M. Kilbourne as Chairman,
Shirley Wilson as Vice Chairman and Laddie
Reday as Secretary - Treasurer. (Attached)
9. The matter set for public hearing was removed
from the Consent Calendar.
10. The plans and specifications for the 1977 -78
Seal Coat Program, Contract No. 1941, were
approved; and the City Clerk was authorized to
advertise for bids to be opened at 10:30 A.M. on
August 9, 1977. (A report from the Public Works
Director attached)
11. The work on the installation of Traffic Signal
and Safety Lighting on Campus Drive and Von
Karman Avenue, Contract No. 1875, was accepted;
and the City Clerk was authorized to file a
Notice of Completion and to release the bonds 35
days after Notice of Completion has been filed.
(A report from the Public Works Department attached
Volume 31 - Page 196
_INDEX
>tephens
(2720)
(1203)
DrCo
Housing
Authority
(1272)
Youth
Services
(2157)
Board of
Lib Truer.-.-
(330F)
City Arts
Comsn
(120F)
Seal Coat
Program
(2723)
Campus/
Von Karman
Trfc Signal
(2520)
ROLL
4
Mot
Ayi
Abi
4
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
A s
CALL N \ \ July 25 1977 INDEX
12. The work on the Street Improvements, Pacific Coast
PC Hwy
Highway 1,000 feet easterly of Balboa Boulevard,
St Impr
'
Contract No. 1896, was accepted; and the City
(642)
Clerk was authorized to file a Notice of Completion
and to release the bonds 35 days after Notice of
Completion has been filed. (A report from the
Public Works Director)
13. The following maintenance dredging harbor permits
Harbor
were approved subject to the conditions of approval
Permits
under the general permit issued by the Corps of
(304F)
Engineers: 11175 -544, James Murray, 544 Via Lido
Nord; 11115 -304, William Cork ett, 304 Buena Vista;
11175 -104, Leo Schaumer, 104 Via Lido Nord. (A
report from the Marine Department attached)
14. The following budget amendments were approved:
(18F)
BA -2, $15,000.00 increase in Budget Appropriations
for architectural fees for 4,000 square foot
addition to previously designed Newport Center
Branch Library; and other miscellaneous expenses,
Building Excise Tax Fund.
BA -3, $137.50 increase in Budget Appropriations
and increase in Revenue estimates for purchase of
books from donation from Friends of the Newport
Beach Public Library,'from Unappropriated Surplus
and Estimated Revenues to Special Departmental
Expense, Library Fund.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A report was presented from the Community
Gen Plan
Development Department regarding a public hearing
(673)
in connection with General Plan Amendment No.
77 -2 and acceptance of a Negative Declaration.
Sennior Planner David Dmohowski gave a brief staff
report.
In accordance with the recommendation of the
Planning Commission, no action was taken on
Segment 77 -2 -C - a proposed amendment to the Land
Use Plan and Residential Growth Plan to change the
designation of property on the southeasterly side
of Westminster Avenue, between Clay Street and
15th Street, from "Medium- Density Residential" to
"Two- Family Residential "; and contrary to the
recommendation of the Planning Commission,
Segment 77 -2 -A was included, and General Plan
:ion
x
Amendment No. 77 -2 was set for public hearing and
W
x
x
x
x
x
x
acceptance of a Negative Declaration on August 8
aent
x
as follows:
77 -2 -A: A proposed amendment to the Land
Use and Residential Growth Elements
to: a) change the definition of
'
"buildable acreage," b) create a
new density category of "High -
Density Residential -- greater than
ten dwelling units per acre," and
i
Volume 31 - Page 197
COUNCILMEN
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CITY OF NEWPORT BEACH
July 25, 1977
MINUTES
_INDEX_,_
Animal
Control
(862)
EIR's
Fence
c) change the wording of the texts
as appropriate.
•
77 -2 -B: A proposed amendment to the Land
Use and Residential Growth Elements
resulting from the study of con-
,
straints on growth in terms of
capacity of s+ipport systems
directed by the City Council on
March 14, 1977.
77 -2 -D: A proposed amendment to the Land
Use Plan, Residential Growth Plan
and Open Space Plan to change the
designation of the MWD Reservoir
site and adjacent property in the
Spyglass Hill area deleting the
"Governmental, Educational and
Institutional Facilities" designa-
tion, and rearranging the "Recrea-
tional and Environmental Open
Space" and "Residential" designa-
tions.
77 -2 -E: A proposed amendment to the
Recreation and Open Space Element
to: a) reflect the increase in park
dedication requirements from two to
five acres per thousand population
(resulting from the City Council's
adoption of the "Atherton Initiative
•
Ordinance" on April 25, 1977), b)
b) update the number and acreages
of existing public parks, and
c) delete reference to excise tax
dollar.amounts.
2. A letter from Albert E. Stockton, V.M.D., advising
that he has sold his practice to Dr. Wayne Davis,
and in compliance with his contract he is giving
the City thirty days notice that he is terminating
Motion.
x
the animal control agreement, was referred to
Ayes
x
x
x
x
x
x
staff for appropriate action and to be brought
.Absent
x
back to the next meeting.
ADDITIONAL BUSINESS:
Motion
x
1. The environmental documents for the Prudential
Ayes
x
x
x
x
x
x
Office Building are to be completely reviewed by
Absent
x
both the Planning Commission and the Council.
2. Harold and Dorothea Baer addressed the Council
requesting a six -foot fence at 425 Tustin Avenue.
Mr. and Mrs. Baer were advised to contact the
Community Development Department to find the
proper steps which should be taken.
•
Mayor Dostal adjourned the meeting at 9:00 P.M.
Mayor
TT ST:
LClerk�
X
City Volume 31 - Page 198
_INDEX_,_
Animal
Control
(862)
EIR's
Fence