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HomeMy WebLinkAbout01/09/1978 - Regular MeetingCITY OF NEWPORT BEACH COUNCILMEN MINUTES �o vp o� G n REGULAR COUNCIL MEETING \-A\ oPlace: Council Chambers �y N Time: 7:30 P.M. ROLL CALL \ Date: January 9, 1978 esent . x x x x x x x Roll Call. The reading of the Minutes of the Regular Meeting of December 12, and of the Adjourned Meeting of Motion x December 19, 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 Ayes x x x x x x x was directed to read by titles only. HEARINGS: 1. Mayor Dostal opened the public hearing regarding Parking the parking and striping on Riverside Avenue Prohibitions adjacent to the post office. (440F) A report was presented from the Public Works Department. John Miller addressed the Council and presented a petition bearing 150 signatures asking that the green parking zone in front of the Riverside Avenue Post Office be restored. The following people addressed the Council in favor of the present striping and/or the present striping modified to provide further safety for bicyclists: Ray Fox, Annie Sammis, Karen Parsons, Greg Lowitz, Mrs. Clifford Demmer for the Newport Heights Community Association, Willard Courtney for Cliff Haven Community Association, Alexander George Rich, Dr. Stephen Sholkoff, Robert Newcomb and Dan Skilling. 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. Motion x Councilman McInnis made a motion to retain the existing channelization and curb markings on Riverside Avenue at the Post Office. Councilman Kuehn asked that the motion be amended to include a direction to the staff to continue to work with the Post Office and request the Post Office to make a portion of their parking lot used for official post office vehicles available for patrons of the Post Office between 10:00 a.m. and 4:00 p.m., and to provide on -site drive -thru mail drop boxes at the rear of the Post Office, which amendment was accepted by the maker of the motion. Ayes x x x x x x A vote was taken on Councilman McInnis' Noes x amended motion, which motion carried. i Volume 32 - Page 1 CITY OF NEWPORT BEACH COUNCILMEN January ROLL CALL \ \ Y 9 1978 MINUTES flR§lzi 2. Mayor Dostal opened the public hearing regarding HUD the determination of community needs which (2082) might be addressed through a fourth year application under the HUD Community Development Block Grant Program, and soliciting comments and suggestions from the public on appropriate activities for funding under the program. A report.was presented from the Community Development Department. A letter from Friends of OASIS was presented with a recommendation for use of present funds. A letter from Mary and Jim Madison was presented opposing the HUD funds. The following people addressed the Council in favor of the fourth year HUD Block Grant Program: Elsie Kroesche, representing the League of Women Voters, who read a prepared statement; Bill McCue, Director of the Fair Housing Council; and Connie Mumford who stressed the need for expansion of the OASIS adult center. Motion x Elsie Kroesche was granted seven minutes for �- es x x x x x x x her presentation. Motion x Connie Mumford was granted an additional Ayes x x x x x x x minute for her presentation. The following people addressed the Council and opposed the fourth year HUD Block Grant Program: Herb Schurter, Goldie Joseph, Shirley Knutsen, Richard Fox, C. E. Brown, Robert Spreen, Bob Millar, Daniel Emory, Paul Hummel and Marjorie Hillson. Parks, Beaches and Recreation Director Cal Stewart addressed the Council and stated that the letter from the Friends of OASIS expressed their need for additional space and request for a larger facility, and asked that Council take action on this letter separately. 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. Motion x There is to be no fourth year application Ayes x x x x x x x made under the HUD Community Development Block Grant Program. Motion x The issue of the OASIS center was set for Ayes x x x x x x x public hearing on January 23 to consider an application amendment to HUD and a possible Budget amendment. Volume 32 - Page 2 CITY OF NEWPORT BEACH COUNCILMEN MINUTES gmo� �\ 9p y O�.c G n ani i cel i `� A January 9, 1978 INDEX CONTINUED BUSINESS: 1. A letter from Carter B. Wurts was presented Curb Cut concerning closure of curb cut at 2700 Ocean Abatements Boulevard. (687) A report was presented from the Public Works Department. Motion x The Council reconsidered its action of Ayes x x x x x x x November 14, 1977 regarding the closing of sixteen feet of the curb cut of Carter Wurts at 2700 Ocean Boulevard, Corona del Mar. Carter Wurts addressed the Council regarding the curb cut in front of his residence. Motion x Only eight feet of the curb cut in front of Ayes x x x x x x x 2700 Ocean Boulevard, Corona del Mar, is to be closed. 2. The statement for Mayor Dostal's presentation SE OrCo to the Orange County Environmental Management Circulation Agency at the public meeting to consider the Study Motion x San Joaquin Transportation Corridor was (2158) Ayes x x x x x x x approved. 3. The following appointments to the Citizens Motion x Advisory Committees for a one -year term s x x x x x x x expiring December 31, 1978 were confirmed: (District 3) Mayor Pro Tem Barrett's Bicycle appointment of Willard Courtney to the Trails Bicycle Trails Citizens Advisory Committee CAC to replace Allan Beek. (205F) (District 3) Mayor Pro Tem Barrett's CEQAC appointment of a member to the Environmental (1058) Quality Control Citizens Advisory Committee to replace Duncan,McIntosh was postponed to January 23. 4. A letter from the U. S. Army Corps of Engineers Tidelands was presented concerning the sinking of a (67) liberty ship two miles offshore of West Newport Beach. Motion x The subject was tabled. Ayes x x x x x x x CURRENT BUSINESS: 1. A report was presented from the Parks, Beaches Park and Recreation Director concerning the contract Maintenance (2440) maintenance agreement for the Eastbluff work unit (five areas of landscape in the vicinity of Eastbluff Park). x The maintenance contract is not to be renewed. �tion es x x x x x x x i Volume 32 - Page 3 COUNCILMEN ROLL CALL 9 c^�� S � � Motion Ayes Motion Ayes Noes Motion Ayes • Motion Ayes • CITY OF NEWPORT BEACON MINUTES January 9. 1978 Anti - Litter (2046) R -9256 Business License Tax (891) Resub 451/ Tract 8737 R -9257 Tract 8737 Tract 10135 2. A letter from the Chairman of the Orange County Board of Supervisors was presented concerning the Orange County Solid Waste Management Enforcement Agency. Resolution No. 9256, endorsing the proposed x membership of the Orange County Solid Waste X x x x x x Management Enforcement Agency, was adopted. 3. A letter from Joanne S. Rocks was presented requesting a refund of the license fee paid to the City. x The request was approved. x x x x x x x 4. A report was presented from the Public Works Department regarding Resubdivision No. 408, Resubdivision No. 451 and Tract No. 8737, located on the northeasterly corner of Superior Avenue and Hoag Drive. Resolution No. 9257, authorizing the Mayor and City Clerk to execute an agreement between the City and Mariners Savings and Loan Association x for traffic signal construction, was adopted; x x x x x x x the street improvements constructed in conjunction with Tract No. 8737 were accepted; the City Clerk was authorized to release the Faithful Performance Bond provided as surety for Resubdivision No. 408 and to release the Labor and Materials Bond in six months provided that no claims have been filed. 5. A report was presented from the Community Development Department regarding the Final Map of Tract No. 8737, a request of Mariners Savings and Loan Association to approve a final map to subdivide 2.87 acres into one parcel of land for medical office condominium development on property located at 320 Superior Avenue, on the northeasterly corner of Hospital Road and Superior Avenue, across Hospital Road from Versailles -on- the - Bluffs; zoned A -P. The Final Map of Tract No. 8737, incorporating x by reference the condition recommended by the x x x x x x x Planning Commission, was approved. 6. A report was presented from the Community Development Department regarding the Final Map of Tract No. 10135, a request of Richard R. Cantrell to approve a final map to establish one lot where four lots now exist to permit the conver- sion of four duplexes 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. i Volume 32 - Page 4 Anti - Litter (2046) R -9256 Business License Tax (891) Resub 451/ Tract 8737 R -9257 Tract 8737 Tract 10135 CITY OF NEWPORT BEACH COUNCILMEN n v ao -P� FC 4'n c << � `i\ . F.p� ROLL CALL \ \ January 9, 1978 MINUTES lmnc,v • Lawrence Wilson, Vice President of Robert Bein, William Frost & Associates addressed the Council and stated he was present to answer any questions. The Final Map of Tract No. 10135, incorporating Motion x by reference the condition recommended by the Ayes x x x x x x x Planning Commission, was approved. 7. A report was presented from the Community Develop- Tract 9626 ment Department regarding the Final Map of Tract No. 9626, a request of Roll Center Newport to approve a final map to subdivide 9.241 acres into eleven lots for office development and one common area lot to be developed for parking, ingress and egress, and landscape areas on property located on the northwesterly side of Teller Avenue, between Birch Street and Campus Drive in Roll Center Newport (Phase II of Tentative Map of Tract No. 9626); zoned P -C. The Final Map of Tract No. 9626, incorporating Motion x by reference the condition recommended by the Ayes x x x x x x x Planning Commission, was approved, and Resolution R -9258 No. 9258, authorizing the Mayor and City Clerk to execute a Subdivision Agreement between the City of Newport Beach and the Roll Company in connection with Tract No. 9626, was adopted. • 8. A report was presented from the Public Works Department regarding vehicular access rights Tract 7953 adjustment for Collins Radio site, located on the westerly side of Jamboree Boulevard northerly of MacArthur Boulevard. Motion x The following resolutions were adopted: Ayes x x x x x x x Resolution No. 9259 authorizing the Mayor and R -9259 City Clerk to execute a grant of vehicular access rights to Jamboree Boulevard for the Rockwell international Corporation. Resolution No. 9260 accepting the offer of R -9260 relinquishment of vehicular access to Jamboree Boulevard from the Rockwell International Corporation. 9. A report was presented from the Public Works W Coast Hwy Department regarding acquisition of Davidson Widening Realty property at 5801 West Coast Highway. (2552) A letter was presented from the Parks, Beaches and Recreation Commission supporting the staff recommendations. George Davidson addressed the Council and asked the Council to agree to exchange and sell to the Davidsons sufficient park property to allow them • to reconstruct their office facility and provide for the minimum amount of parking required by the City code (Alternate 2). i Volume 32 - Page 5 CITY OF NEWPORT BEACH COUNCILMEN MINUTES b.J�PFA9! °T R(11 I CGI 1 \\ \ January 9, 1978 INDEX tion x The staff was directed to continue the condemnation � yes x x x x x x x proceedings authorized by Resolution No. 9201 (Alternate 1). 10. A report was presented from the Parks, Beaches PB&R and Recreation Director regarding transfer of Equipment Capital Outlay Item Purchases. (2680) The purchase of a 30" riding lawn mower from the Motion x appropriated Capital Outlay money in the Park Ayes x x x x x x x Division was approved. 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. 9261 providing that all Municipal ballots be counted at a central counting Election place (April Councilmanic election). (A R -9261 report from the City Clerk. (12) (b) Resolution No. 9262 accepting a Grant Deed Upper Bay from the County of Orange for one -half Swimming interest in North Star Beach (Upper Newport Beach R -9262 Bay). (A report from the City Attorney) (596) • (c) Resolution No. 9263 adopting certain PERS procedures for conducting an election to R -9263 determine if the City should amend its (617) contract with the Public Employees' Retire- ment System to provide for the "2% at 50" retirement plan for public safety employees. (Attached with a report from the City Manager) (d) Resolution No. 9264 authorizing the City OrCo Attorney to intervene and represent the Airport City of Newport Beach in the matter of the R -9264 Statement of Issues regarding the application (195) of the County of Orange for a variance from the State Noise Standards for the Regulation of California Airports (Case No. L 15743). (Attached with a report from the City Attorney) 2. The following communications were referred as indicated: (a) Removed from the Consent Calendar. (b) Removed from the Consent Calendar. (c) To staff for report back, a letter from Business Lewis C. Ihrig concerning a delinquent License business license fee and the reasons on Tax • which he is basing his appeal to Council (891) for a waiver of the penalty. (Copies mailed to Council) i Volume 32 - Page 6 CITY OF NEWPORT BEACH COUNCILMEN MINUTES pps'p� V m F y TC p�Sy y/m ROLL CALL January 9, 1978 (d) To Pending Legislation and Procedural Electric • Ethics Committee, a request from the Generating California Water Resources Association and Plants a resolution from the City of Burbank (1370) urging the State Energy Resources Conserva- tion and Development Commission to make a positive recommendation to the State Legislature regarding the construction of the Sundesert Nuclear Plant, and requesting the City of Newport Beach to join with them on this project. (Copies mailed to Council) (e) To Pending Legislation and Procedural Abortion Ethics Committee, a resolution from the (1429) City of Santa Ana opposing the practice of abortion. (Copies mailed to Council) (f) To Pending Legislation and Procedural Tin -Cup Ethics Committee, a resolution from the (1429) City of Laguna Beach endorsing the Tin -Cup Campaign Reform Ordinance. (Copies mailed to Council) 3. The following communications were referred to the City Clerk for filing and inclusion in the records: (a) A letter from Frank M. Rebollo of the Colton Chamber of Commerce to the Clerk (of • the Municipal Court ?) objecting to a Notice of Violation. (Copies mailed to Council) (600) (b) A note from W. J. Hendrickson regarding a water bill mailing about the Friends of OASIS. (Copies mailed to Council) (600) (c) A copy of a letter to Harwood and Adkinson, Attorneys at Law, from the City of Costa Mesa regarding the Santa Isabel Storm Drain. (Copies mailed to Council) (20) (d) A letter from the Orange County Housing Authority announcing a vacancy on the seven - member Board of Commissioners. (Copies mailed to Council) (1272) (e) A letter to the City Clerk from Senator Dennis E. Carpenter regarding the resolu- tion adopted by City Council opposing adoption of the draft report entitled "Urban Development Strategy for California" and stating that he will do all that he can to prevent the recommendations of this report from becoming an actuality. (Copies mailed to Council) (2757) (f) Notice before the Public Utilities Commission of Application of American Buslines, Inc. • to remove a restriction between Long Beach and the junction of Interstate Highways 405 and 5 near El Toro, California; and a copy of a letter to the Public Utilities Commis- sion from Russell, Schureman and Hancock, Attorneys, stating the application had been (20) filed. Volume 32 - Page 7 COUNCILMEN cF��'v ROLL CALL �� � \ January 9, 1978 MINUTES Irara:61i • (g) Notice of Application before the Public Utilities Commission of Southern California Gas Company for a rate increase. (20) (h) Notice of Order Granting Staff Motion to waive portions of Rule 17.1 of the Commis- sion's Rules of Practice and Procedure before the Public Utilities Commission in connection with liquified natural gas. (20) (i) Agenda of the Board of Supervisors meetings of December 20 and 21, 1977 and of January 3 and 4, 1978. (20) (j) A letter to Mayor Dostal from Supervisor Riley regarding the County Triangle area proposed land use designations and stating they would reconsider the City of Newport Beach's objections to the adopted County policy upon evidence of significantly changed conditions. (Attached) (673) (k) A resolution from the City of Lomita opposing the housing distribution proposals of the Southern California Association of Governments. (Attached) (1429) 4. The following claims were denied and the City Claims Clerk's referral to the insurance carrier was • confirmed: (a) Claim of State Farm Mutual Automobile Rhodes Insurance Company, subrogee for their insured, (2844) Berwyn Rhodes, for property damage to his automobile which occurred on October 17, 1977 when he stopped fora red light at Irvine Boulevard and East 17th Street, Costa Mesa and was allegedly hit by a City employee trying to make a right -hand lane change. (b) Claim of Charles Prince for property damage Prince to his automobile on December 14, 1977 at (2843) the corner of Newport Shores Drive and Orange Street while he was stopped for a stop sign and was allegedly hit by a City trash truck. (c) Claim of Richard H. Beatty for loss of Beatty property at 2103 Yacht Wanderer, Newport (2842) Beach when the City trash collectors picked up seven wardrobe cases left in his driveway, allegedly mistaking them for trash. - (d) Claim of Jane H. Jackson for property Jackson damage and personal injuries which occurred (2841) on November 28, 1977 at Newport Boulevard • and Pacific Coast Highway bridge, when she was allegedly hit by a City vehicle. i Volume 32 - Page 8 COUNCILMEN MINUTES PO O D \ 'PA c << a'ps y ;��ry� OT.y Sys oni i rAj i `� �� January 9, 1978 INDEX • (e) Claim of Jesse W. Curtis for damage to his Curtis property at 305 Evening Star Lane allegedly (2840) caused by a leaking City water main under- mining his property and washing out the support for the concrete slab deck. 5. The City Clerk's referral of the following Summons and Complaint to the insurance carrier was confirmed: (a) Summons and Complaint of Jerry Figueroa for Figueroa personal injuries, Case No. 30035 in the (2682) Orange County Municipal Court. The original claim for personal injuries was sustained when he stepped on a broken sidewalk in front of 3050 East Coast Highway on April 14, 1977 and broke his foot. 6. The following request to fill personnel vacancies was approved: (A report from the City Manager) (1203F) (a) One Laborer position in the Field Maintenance Division of the General Services Department to fill a position now vacant. (b) One Building Inspector I position in the Community Development Department to fill a position now vacant. • 7. The following staff and committee reports were received and ordered filed: (a) Removed from the Consent Calendar. (b) Memorandum from the Administrative Assistant CATV to the City Manager regarding the Eastbluff (6) Homeowners Association request for an acceleration of the adopted cable television installation schedule with request letter from the Eastbluff Homeowners Association. (Attached) (c) Memorandum from Suzanne Rudd, Chairman of Anti Litter the Litter Control Citizens Advisory (2046) Committee, regarding Litter Kids Survey. (Attached) 8. The following item was set for public hearing on January 23, 1978: (a) Tentative Map of Tract No. 10156, a request Tract 10156 of Ed Hume to subdivide 0.86 acres into five lots for single - family residential development, and the acceptance of an environmental document on property located at 2420, 2426 and 2426'k - 15th Street, on the northeasterly side of 15th Street • between Gary Place and Powell Place in Newport Heights; zoned R -1. (A report from the Community Development Department) i Volume 32 - Page 9 CITY OF NEWPORT BEACH COUNCILMEN MINUTES y0 9. p0 'Pf G 9 S F i lPr(9ja"pF� Cp ROLL CALL January 9, 1978 • 9. The plans and specifications for the Remodeling Remodeling of the Former Council Chambers, Contract No. Former 1998, were approved; and the City Clerk was Council authorized to advertise for bids to be opened at Chambers 2:30 p.m. on February 16, 1978. (A report from (356) the Public Works Department) 10. The public improvements constructed in conjunction Resub 469 with Resubdivision No. 469, located on the (2133) southeasterly corner of Jamboree Road and Santa Barbara Drive were accepted; and the City Clerk was authorized to release the Subdivision Faithful Performance Bond, and to release the Subdivision Labor and Materials Bond in six months provided no claims have been filed. (A report from the Public Works Department) 11. The expense account of Mayor Pro Tem Barrett, in the amount of $371.36 for attendance at the 1977 National Congress of Cities in San Francisco, December 5 -8, 1977, was approved. 12. The following budget amendments were approved: BA -44, Removed from the Consent Calendar. BA -48, $6,000.00 increase in Budget Appropriations for additional funds for improvements at the • Senior Citizens Facility, from Reserve for Senior Citizen Site, Park and Recreation Fund. (A report from the Parks, Beaches and Recreation Director) ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report was presented from the Community General Development Department regarding testing of land Plan use and circulation alternatives using the (673) Traffic Model as recommended by the Planning Commission in connection with the General Plan Review. Motion x The following Budget Amendment was approved: Ayes x x x x x x Noes x BA -44, $12,000.00 increase in Budget Appropria- tions for consultant services required for testing of two land use alternatives and two modifications to the circulation system using the traffic model, from Unappropriated Surplus to Develop Transportation Model- General Fund. 2. A letter from Roger N. MacGregor regarding the Noise noise generated by commercial party boats Pollution Motion x operating on the bay at night was referred to (933) Ayes x x x x x x x staff for reply and report back. 3. A report was presented from the City Attorney Brown Act • regarding AB 1265 (Brown Act). (477) Motion x The staff was directed to write a letter in Ayes x x x x x x x support of AB 1265. i Volume 32 - Page 10 COUNCILMEN \P 7 Op A. p s S ROLL CALL u Motion Ayes • 0 MINUTES January 9, 1978 General Plan (673) 4. A letter from the Bank of Newport was presented requesting a decision from the City Council regarding the existing residential and commercial use for the parcel described as Lot 82, Tract 2813, located between East Pacific Coast Highway and Kewamee Drive and Avocado and Zahma Drives, and its consistency with the Land Use Element of the General Plan. Community Development Director Richard Hogan explained to Council that it is the Planning Commission's belief that the intent of the General Plan in that particular area is for commercial and office on the front of that property adjacent to Coast Highway and for residential development, including the apartment development, on the back of the property adjacent to Kewamee Drive. x The Council concurred with the Planning Commission x x x x x x x that the intent of the General Plan is for commercial, retail and office on the front and residential on the back of this property. The Mayor adjourned the meeting at 10:40 p.m. Mayor ATTEST: �WPO . City ClerV 00 = �J c:- P i Volume 32 - Page 11 General Plan (673)