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HomeMy WebLinkAbout02/27/1978 - Regular Meetingr COUNCILMEN VP pC�ytFG\C+ � �ROLI \ CITY OF NEWPORT BEACH Regular Council Meeting Place: Council Chambers Time: 7:30 P.M. Date: February 27, 1978 MINUTES INDEX !sent x x x x x x x Roll Call. The reading of the Minutes of the Regular Meeting of Motion x February 13, 1978 was waived, and said Minutes were Ayes x x x x x x x approved as amended 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.. CONTINUED BUSINESS: Mayor Pro Tem Barrett stepped.down from the Council table due to a possible conflict of interest on the following item. 1. A.proposed Emergency Ordinance No. 1758, being, Moratorium 0 -1758 AN EMERGENCY ORDINANCE OF THE CITY OF (2873) NEWPORT BEACH PROHIBITING THE ISSUANCE OF BUILDING AND GRADING PERMITS FOR CONSTRUC- TION OF CERTAIN COMMERCIAL, INDUSTRIAL, AND RESIDENTIAL PROJECTS (CALIFORNIA GOVERNMENT CODE SECTION 65858), was presented. A report was presented from the Community Develop- . ment Department regarding the status of the General Plan review and amendments. A letter from Shirley Knutsen was presented urging support of a moratorium. A letter from Mr. and Mrs. Edward P. Benson was presented opposing a moratorium and enclosing a clipping from the Wall Street Journal concerning the results of a growth- controlled plan adopted by Santa Barbara. The following people addressed the Council in favor of the moratorium and /or initiative ordinance: Jean Watt, representing L.E.A.F.; Allan Beek; Calvin McLaughlin; Daniel Emory; Louise Greeley; Sue Ficker who made a slide presentation; Margot Skilling; and Hal Thomas. Motion x Sue Ficker was granted five additional minutes Ayes x x x x x x for her presentation. Absent x The following people addressed the Council in opposition to the moratorium and /or initiative ordinance: Glenn Martin, Executive Officer of the Board of Realtors; E. T. Benson; David Neish, representing The Irvine Company; Bob Alleborn, representing Emkay Development; Peg • Forgit; Rudy Baron, President of the Newport: Harbor Area Chamber of Commerce; John Macnab; Lyman Faulkner; and Bill Picker, architect. i Volume 32 - Page 39 CITY OF NEWPORT BEACH COUNCILMEN P s F i per c 22�m ROLL CALL O� \ �y \ February 27. 1978 MINUTES tion � x Councilman Ryckoff made a motion to adopt Yes x x x Emergency Ordinance No. 1758 for a four -mouth Noes x x x period for commercial property in excess of Absent x 10,000 square feet of building area, and residen- tial development in excess of ten units per development, which motion failed to carry. Motion x Councilman McInnis made the following motion: Each Tuesday, starting March 7, at a time certain and with a published agenda, there will be held a series of weekly communication meetings open to the.public, with the staff, the Planning Commission, the Council, concerned citizens and anyone else. The purpose is for specific communications on specific projects, and /or proposed projects of all undeveloped land in town. The staff is to be the conducting agency unless there is an acceptable alternate person designated. There should be no voting, but, hopefully, meaningful dialogue that can be fitted into Planning Commission and subsequent Council deliberations. I Councilman McInnis amended his motion to establish 7:30 p.m, as the time certain. Ayes x x x x A vote was taken on Councilman McInnis' amended oes x x motion, which motion carried. sent x Mayor Pro Tem Barrett resumed his seat at the Council table.. 2. A report was presented from the Public Works Curb Cut/ Department regarding the request of Burt Elliott, Park Av A.I.A., for a curb cut on Park Avenue to serve (2867) 201 Diamond Avenue. Motion x The request for a curb cut on Park Avenue was Ayes x x x x x x x denied. 3. A report was presented from the Public Works Encroachment Department regarding the request of Howard and Pub R -O -W Marilyn Meek to construct a 3- foot -high fence in DeAnza Dr the public right -of -way adjacent to 509 DeAnza (2866) Drive, Corona Highlands. A permit to construct a temporary 3- foot -high picket fence in the parkway adjacent to 509 Motion x DeAnza Drive was approved, subject to the Ayes x x x x x x x condition that the permit can be withdrawn at any time. 4. A report was presented from the City Librarian Library regarding the Newport Center Branch Library. (2030) • Spencer Covert, Chairman of the Board of Library Trustees, addressed the Council. Volume 32 - Page 40 CITY OF NEWPORT BEACH COUNCILMEN MINUTES oc��ps 2 �ps�vq,+( A-V �^a on: i rAi i `P February 27, 1978 INDEX on x Mayor Pro Tem Barrett made a motion to approve the plans and specifications, subject to modifica- tions that may be made by the Public Works Department; and to authorize the City Clerk to advertise for bids to be opened at 10:00 a.m. on April 3, 1978. Motion x Councilman Ryckoff made a substitute motion to .Ayes x approve the plans and specifications, subject to Noes x x x x x x modifications that may be made by the Public Works Department, and to authorize the City Clerk to advertise for bids to be opened at 10:00 a.m. on May 2 with a 45 -day award period, to accommodate the Jarvis /Gann initiative, which motion failed to carry. Ayes x x x x x x A vote was taken on Mayor Pro Tem Barrett °s Noes x motion, which motion carried. CURRENT BUSINESS: 1. A report was presented from the Community Begonia Development Department regarding the Planning Park Commission recommendation concerning the acquisi- (1440) tion of property located at 2333 Pacific Drive, Corona del Mar, on the southerly side of Pacific Drive, adjacent to Begonia Park, zoned R -1, after denying Variance No. 1066 of Mr. and Mrs. Donald G. Griswold to exceed the permitted' height limit for a proposed single - family dwelling to be constructed on the site. Gordon Glass, architect for the Griawolds, addressed the Council regarding their request for a variance in connection with proposed development on the property. Paul Hummel addressed the Council opposing the proposed acquisition. Motion x A decision regarding the possible acquisition of Ayes x x x x x x x the property was delayed pending review of the 1978 -79 Fiscal Year Budget, and the staff was directed to come back with an estimated value of the property. 2. A report was presented from the Marine Department Harbor regarding an application by the Harbor Island Island Association to construct a raised protective Bridge railing on the Harbor Island Bridge. (2874) John Porter, President, and John Macnab, a Director of the Harbor Island Community Associa- tion, addressed the Council and urged approval of the application. x The application for the construction of a W 3ion x x x x x x x railing on the Harbor Island Bridge was approved. i Volume 32 - Page 41 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 'P� �G\ \ A oni i re\ A \ February 27, 1978 INDEX • 3. Council Policy J -1 was presented for consideration Council with a report from the City Attorney regarding Policy Police Salary and Benefits Policy and a report (430F) from the City Manager concerning survey of data regarding police salaries. The following people addressed the Council in support of the proposed amendment to Council Policy J -1 relating to police salaries and benefits: Willard Voit, George Hoag, Paul Hummel, Agnes Blomquist, John Macnab, Marcia Bents, Bill Picker, Peg Forgit, Rudy Baron who read a resolution adopted by the Board of Directors of the Newport Harbor Area Chamber of Commerce, and Chuck Avery. Motion x Councilman McInnis made a motion to approve the amendments to Council Policy J -1, "City Employees' Salaries" as follows: (a) Deleting the last sentence in the present policy; and i (b) Adding the paragraph below -- "Notwithstanding the above, total compensation, including salaries and benefits, for entry level police patrolman shall be established at levels comparable to the top three cities in Orange County. The application of this policy pertaining to patrolmen shall, of course, be subject to con- straints imposed upon the City by a limitation in municipal revenues." Don Anderson, member of the Board of the Police Association, addressed the.Council in response to questions by the Council... Ayes x x x x x x A vote was taken on Councilman McInnis' motion, Noes x which motion carried. 4. Proposed Ordinance No. 1759,,.being, Harbor Regs AN ORDINANCE OF THE CITY OF NEWPORT BEACH 0 -1759 AMENDING CHAPTER 17.41 ENTITLED "COMMERCIAL (386F) ACTIVITIES ON THE WATERS OF NEWPORT HARBOR" OF THE NEWPORT BEACH MUNICIPAL CODE RELAT- ING TO HARBOR REGULATIONS, was presented. A report was ptesented.from the Marine Department. Marine Director David Harshbarger gave a brief • staff report. Jerry Rest of Lido Sailing Club addressed the Council regarding the activities of his club. . i Volume 32 - Page 42 CITY OF NEWPORT BEACH COUNCILMEN ."0� G O ��s /q�% F�9� o N 2�s, ROLL CALL s T � February 27, 1978 MINUTES INDEX John Dryden and Chuck Avery, who presented a letter which he read, addressed the Council and asked that the ordinance be amended to include restrictions imposed on barges and houseboats on the bay. Mr. Avery read a suggested amendment. Motion x Ordinance No. 1759 was introduced and passed to Ayes x x x x x x x second reading on March 13._ 5. A report was presented from the Community SCAG Development Department regarding the Draft Early (447F) Action Program and Draft Milestone Report. Motion x The Mayor was authorized,to send a letter to Ayes x x x x x x x SCAG supporting in concept the Early Action Program. 6. A report was presented from the Public Works Balboa Department regarding the structural condition of Island the Balboa Island Bridge. Bridge (725) Motion x The staff was directed to proceed with the Ayes, x x x x x x x Design Report as described in the report; and to include within the proposed 1978 -79 Budget funding for the remedial work. CONSENT CALENDAR: ion x The following actions were approved by one motion s x x x x x x x affirming the actions on the Consent Calendar: I 1. The following ordinances were introduced and passed to second reading on March 13, 1978: (a) Removed from the Consent Calendar. (b) Proposed Ordinance No. 1760, being, AN PERS ORDINANCE OF THE CITY OF NEWPORT BEACH 0 -1760 AUTHORIZING AN AMENDMENT TO THE CONTRACT (617) BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CHP 2% AT 50). (A report from the City Manager) 2. The following resolutions were adopted: (a) Resolution No. 9283 ordering the canvass of Election the General Municipal Election to be held R -9283 on the 11th day of April, 1978, to be made (12) by the City Clerk of the City of Newport Beach. (b) Resolution No. 9284 awarding a contract to City Hall D & B Acoustics & Construction, Inc. for Expansion remodeling former Council Chambers, Contract 1978 No. 1998. (A report from the Public Works R -9284 Department) (356) • 3. The following communications were referred as indicated: (a) To staff for inclusion in on -going study, a letter from Betty Heckel opposing the Volume 32 - Page 43 CITY OF NEWPORT BEACH COUNCILMEN Pp GO s � , RAI I CGI I \ \ February 27. 1978 MINUTES INDEX • building of an extension to San Joaquin SE OrCo Hills Road to relieve the Pacific Coast Circulation Highway as it would destroy the Laguna Study Beach concept to develop a greenbelt area (2158) around Laguna Beach and South Laguna and to have a "Saddleback to the Sea" urban park. (Copies mailed to Council) (b) To staff for reply, a letter from Alan A. Parking Forbush suggesting that parking permits be Permits pro -rated when they are purchased during (119F) the year instead of charging for the full year. (Copies mailed to Council) 4. The following communications were referred to the City Clerk for filing and inclusion in the records: (a) A letter from Lynda Ober expressing apprecia- tion for the Newport Beach Police Depart- ment's prompt apprehension of a rapist and the kind consideration shown to the victim: (1622) (Copies mailed to Council) . (b) A letter to Mayor Dostal from Henry W. Wedaa, the Orange County delegate to the SCAG Executive Committee, clarifying some apparent misunderstandings regarding SCAG's • draft Housing Element submitted for review (Copies to Council) (447F) and comment. mailed (c) A letter to the City Attorney from Assembly- man Kenneth L. Maddy acknowledging receipt of his letter opposing Senate Bill 1164 relating to peace officers. (Attached) (1622) (d) A letter to the City Manager from Senator Dennis E. Carpenter acknowledging Newport Beach's support of the Sundesert Nuclear Power Plant and advising that current measure S.B. 1015 has been referred to the Assembly Resources,.Land Use, and Energy Committee. (Attached) (1370) (e) A resolution from the City of Anaheim 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. (1370) (f) Resolutions from the cities of Walnut and Costa Mesa opposing the housing distribution proposals of the Southern California Association of Governments. (447F) (g) A resolution of the City of Costa Mesa requesting that the Southern California Association of Governments Executive Committee provide a sixty -day comment period and information workshops for SCAG publica- tions impacting local government. (447F) i Volume 32 - Page 44 CITY OF NEWPORT BEACH COUNCILMEN ROLL CALL \ \ \ February 27, 1978 MINUTES INDEX (h) A resolution of the City of Anaheim requesting the Orange County League of Cities to oppose the airport planning efforts of the Inter- County Airport Authority. (Copies (195) mailed to Council) (i) A publication from the State Office of Planning and Research concerning the projects currently underway at the Office of Planning and Research. (55 -page booklet on file in (20) the City Clerk's office) (j) Agenda of the Board of Supervisors meetings of February 14, 15, 21 and 22, 1978. (20) (k) A letter from the California Builders Council advising that they have adopted an urban development policy statement and enclosing a report on the "Land Development Process in California." (Copies mailed to (20) Council) 5. The following claims were denied and the City Claims Clerk's referral to the insurance carrier was confirmed: (a) Claim of Franz Laetsch for special damages, Laetsch personal injuries, property damage and (2876) impaired ability to work, allegedly the result of an accident which occurred on December 27, 1977 when he collided with another car driven by Yvonne Donaher, who was making a left hand turn from Jamboree Road which was torn up due to storm drain repairs. (b) Claim of Kimberly Eves Ramser for personal Ramser injuries, property damage and cost of car (2877) rental caused when she was hit by another car making a left turn at the direction of a Police Officer in the vicinity of 2400 West Coast Highway on December 9, 1977. (c) Claim of Delbert L. Warwick for property Warwick damage to his automobile when it was hit by (2878) a City truck on January 18, 1978 at the intersection of Irvine Avenue and Westcliff Drive. (d) Claim of Eric W. Freiwald for property Freiwald damage to his automobile on January 9, 1978 (2879) when it was hit by a City truck at the intersection of 16th Street and Newport Boulevard. 6. The City Clerk's referral of the following Summons and Complaints to the insurance carrier was confirmed: (a) Summons and Complaint of James Edward Cobb Cobb for assault and battery and for negligence, (2812) Volume 32 - Page 45 CITY OF (NEWPORT BEACH COUNCILMEN 'A �� v �p0,P,c 'FG 4ic 'A cF.p f 9 � �9� �s T� February 27, 1978 ROLL CALL MINUTES iNnFw Case #283500 in the Orange County Superior Court. The original claim for personal injuries sustained occurred when Mr. Cobb was arrested on July 23, 1977 and was allegedly pushed off the steps of the Police Vehicle by a Police Officer. (b) Summons and Complaint of Jeff Schulein, on Schulein behalf of himself and his son, Mark Schulein, (2738) for personal injuries, Case No. 28 -36 -23 in the Orange County Superior Court. The original claim was for personal injuries when he fell off his bicycle and through the railing of a bridge and broke his jaw on or about April 20, 1977. (c) Summons and Complaint of Edward John Topalian Topalian for personal injuries, Case No. (2793) .28 -06 -80 in the Orange County Superior Court. The original claim was for personal injuries and damages sustained when he was a passenger in a car that was involved in an accident with another vehicle at the entrance to the Balboa Bay Club on West Coast Highway on July 2, 1977. (d) Summons and Cross - Complaint of Donald Ohlig Walter Ohlig and Albert H. Ohlig for (2792) personal injuries and property damage, Case No. 27 -57 -07 in the Orange County Superior Court. The original claim was for personal injuries and damages sustained when they were in an automobile accident near the entrance to the Balboa Bay Club on West Coast Highway on July 2, 1977. 7. The following request to fill personnel vacancies was approved: (A report from the City Manager) (1203F) (a) One Laborer position in the General Services Department to fill a position to be vacant. (b) One Police Officer in the Police Department Patrol Division to fill a position now vacant. 8. The following staff reports were received and ordered filed: (a) A report from the City Manager regarding Calif Hwy the State excess right -of -way property /Beeco Surplus blufftop property south of Newport Crest Land and west of Superior Avenue. (Attached) (1308) (b) Removed from the Consent Calendar. 9. The work on the Jamobree Road Improvements, Ford Jamboree • Road to MacArthur Boulevard, Contract No. 1752, Road was accepted; and the City Clerk was authorized Widening to file a Notice of Completion and to release (2463) the bonds in 35 days after the Notice of Completion has been filed. (A report from the Public.Works Department) Volume 32 - Page 46 f COUNCILMEN . 9pc�! y pO'k gG\c ! 'p F 2 ROLL CALL February 27, 1978 MINUTES INOFV 10. The plans and specifications for Water and Sewer Water /Sewer Main Replacement Across the Grand Canal -- Balboa Main Island, Contract No. 1959, were approved; and the Replacement City Clerk was authorized to advertise for bids Grand Canal to be opened at 2:30 p.m. on March 16, 1978. (A (2881) report from the Public Works Department) 11. The following Harbor Permits were approved: Harbor Permits (a) #129 -1931 by the Boy Scouts of America to (304F) revise a previously approved permit for a bulkhead and docks at 1931 W. Coast Highway. (A report from the Marine Department) , (b) Removed from the Consent Calendar. 12. The following budget amendments were approved: BA -65, $400.00 increase in Budget Appropriations and increase in Revenue Estimates, for purchase of card tables and chairs for the Community Youth Center with donation from Tuesday Morning Club, from Unappropriated Surplus and Donations and Contributions to PB&R- Recreation, Equipment, N.O.C., Park and Recreation Fund. (A report from the Parka, Beaches and Recreation Director) BA -66, $842.70 increase in Budget Appropriations and increase in Revenue Estimates, for purchase of telescope for Ensign View Park with donation from Daughters of the American Revolution, from Unappropriated Surplus and Donations and Contribu- tions to Ensign View Park - Phase II, Park and Recreation Fund. (A report from the Parks, Beaches and Recreation Director) BA -67, $5,875.00 increase in Budget Appropriations and increase in Revenue Estimates for professional engineering services for Ford Road and MacArthur Boulevard intersection modifications with contribution from the County Arterial Highway Financing Program, from Unappropriated Surplus and Donations and Contributions to Ford Road - MacArthur Blvd. Intersection Modifications, Arterial Highway Financing Fund. BA -68, $9,050.00 increase in Budget Appropriations and increase in Revenue Estimates for professional engineering services for Ford. Road and MacArthur Boulevard intersection modifications with contributionq from the State, City of Irvine, and private property owners; from Unappropriated Surplus and Donations and Contributions to Ford Road - MacArthur Boulevard Intersection Modifica- tions, Arterial Highway Financing Fund. • ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report was presented from the Assistant City Lot Mergers Attorney regarding the "lot merger ordinance." 0 -1761 (2875) i Volume 32 - Page 47 CITY OF NEWPORT BEACH COUNCILMEN MINUTES .p ¢ v CO�'AA �G\/ ROLL CALL February 27. 1978 iNnry • Proposed Ordinance No. 1761, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 19.08.060 TO THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING MERGER OF CERTAIN PREVIOUSLY Motion x SUBDIVIDED LOTS, was introduced and passed to Ayes x x x x x x x second reading on March 13, 1978. Mayor Pro Tem Barrett stepped down from the Council table due to a possible conflict of interest on the next items, 2. A memorandum from the City Clerk advising that Resub 572/ the appeal of William Lester from the decision Lester Appeal of the Planning Commission denying Resubdivision (2880) No. 572 to create two parcels of land for residential development where one lot now exists at 600 - 15th Street, on the northeasterly side of 15th Street, between St. James Road and Kings Motion x Place in Cliff Haven, has been set for public Ayes x x x x x x hearing on March 13, 1978, was received and Absent x ordered filed. 3. A report was presented from the Marine Department Harbor regarding Harbor Permit Application 11221 -081 by Permit Richard Shaw to revise a previously approved (304F) permit for a bulkhead and docks at 632 Lido Park Drive. ion x Harbor Permit Application 11221 -081 was approved, s x x x x x x subject to the conditions recommended by staff. sent x Mayor Pro.Tem Barrett resumed his seat at the Council table. Mayor Dostal adjourned the meeting at 11:05 p.m. e Mayor Dostal ATTEST: City Clerk,(/ F 1 )61 i Volume 32 - Page 48