Loading...
HomeMy WebLinkAbout04/10/1978 - Regular MeetingCOUNCILMEN tp cni p �`rs v'\ P` L i rb y� CITY OF NEWPORT BEACH Regular Council Meeting Place: Council Chambers Time: 7:30 P.M. Date: April lo, 1978 MINUTES INDEX esent x x x x x x x Roll Call. The reading of the Minutes of the Regular Meeting of Motion x March 27, 1978 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 public hearing regarding Npt Place Planning Commission Amendment No. 504, a request PC Stds of Emkay Development and Realty Company, Newport (1275) Beach, to amend the Planned Community Development Standards for Newport Place to allow the Planning Commission to grant exceptions to the minimum lot size requirement of 30,000 square feet in the . Planned Community. Property located in Tract 7382, bounded by Birch Street, MacArthur Boulevard, and Bristol Street North in Newport Place; zoned P -C. A report was presented from the Community Develop - ment Department. Motion x The hearing was closed after it was determined �es x x x x x x x that no one desired to be heard. Resolution No. 9307, adopting an amendment to the R -9307 Planned.Community Standards for "Newport Place" to permit the Planning Commission to grant exceptions to the minimum lot size requirement of thirty Motion x thousand (30,000) square feet in the Planned Ayes x x x x x x x Community, was adopted; and the environmental document was accepted. 2. Mayor Dostal opened the public hearing on the Vacation/ vacation and abandonment of a portion of Clubhouse Clubhouse Drive, located northeasterly of East Coast Highway (2882) between Newport Center Drive and Jamboree Road (Entrance to Irvine Coast Country Club) A report was presented from the Public Works Department. Forest Smith addressed the Council inquiring as to the reason for abandonment, who would be respon- sible for the street until the vacation becomes effective and possible repair of the street by the City. Motion x The matter was continued to May 22; and referred Ayes x x x x x x x to staff for report back. CURRENT BUSINESS: • 1. A report was presented from the Public Works Vacation/ Department regarding the vacation and abandonment E1 Capitan Di (2922) i Volume 32 - Page 75 CITY OF NEWPORT BEACH COUNCILMEN MINUTES INDEX pi"slq4"p�9! ROLL CALL f April 10, 1978 of a portion of E1 Capitan Drive from Spyglass Hill Road to San Joaquin Hills Road (Spyglass Hill area). Motion x The following resolutions were adopted: Ayes x x x x x x x Resolution No. 9308 adopting a map showing the R =9308 .portion of E1 Capitan Drive proposed to be vacated. Resolution No. 9309 declaring the Council's R -9309 intention to order the vacation and abandonment of a portion of El Capitan Drive, and setting May 8, 1978, as the date for the public hearing con- cerning the intended vacation. Mayor Pro Tem. Barrett stepped down from the Council table due to a possible conflict of interest on the next item. 2. A request from the Cliff Haven Community Associa- Lester tion was presented asking the Council to Appeal reconsider its action taken on March 13, 1978 (2880) agreeing to the lot split at 600 E. 15th Street, due to the fact that the CCSR's of Cliff Haven do not permit lot splits. William "Pat" Lester addressed the Council opposing reconsideration of the March 13 action. Bob Cooper, representing the Cliff Haven Community Association, addressed the Council in support of the reconsideration. Motion x The request was approved, and reconsideration of Ayes x x x x x x the appeal of William Lester from the decision of Abstain x the Planning Commission denying Resubdivision 572 to create two parcels of land for residential development where one lot now exists and the acceptance of an environmental document on property located at 600 - 15th Street, Newport Beach, was set for public hearing on April 24, 1978. Mayor Pro Tem. Barrett resumed his seat at the Council table. 3. Requests by the Costa Mesa Art League and the Special Huntington Beach Art League for special consider- Events ation on the City permit fee of $25.00 per month (540) were presented. Both Leagues have been invited to exhibit one day a month by the merchants of Lido Plaza. A report was presented from the License Supervisor. Maggie Wintle, representing the Huntington Beach Art League, addressed the Council opposing the .• monthly fee. i Volume 32 - Page 76 CITY OF NEWPORT BEACH COUNCILMEN MINUTES .p B 00 Py -F\ O l C <9.p s \GFZ 2 taps 9Ay� oni I f�Ai i `r A \\ April 10, 1978 INDEX x The request was denied without prejudice and the *ion s x X. x x x x x staff was instructed to work out something on a quarterly basis within the limits of the City's ordinances. 4. A report was presented from the City Manager Council regarding Council Policy F -19, "Contracts." Policy (430F) Motion x Council Policy F -19.#"Contracts ":was adopted. Ayes x x x x x x x 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. Ordinances for Introduction - Removed from the Consent Calendar. 2. The following resolutions were approved: (a) Resolution No. 9310 approving the application Urban Open for Grant Funds under the Roberti- Z'Berg Space & Rec Urban Open Space and Recreation Program for Program replacement of restroom at 19th Street and R -9310 the Bay. (A report from the Parks, Beaches (2640) and Recreation Director) (b) Resolution No. 9311 authorizing the Mayor and BI Bridge • City Clerk to execute an Agreement for R -9311 Professional Engineering Services between the (725) City of Newport Beach and Boyle Engineering Corporation in connection with design.report for Balboa Island Bridge repairs. (A report from the Public Works Department) (c) Resolution No. 9312 approving a Parcel Map for Resub 567 Resubdivision No. 567 and accepting the offer R -9312 of dedication of a portion of MacArthur (2906) _ Boulevard, Birch Street and Von Karman Avenue - and the vehicular access rights to Von Karman as released and relinquished. (A report from the Public Works Department) - (d) Resolution No. 9313 approving a Parcel Map Resub 570 for Resubdivision No. 570 and accepting the R -9313 offer of dedication of an easement for (2907) traffic signal purposes and the vehicular access rights to Jamboree Boulevard, MacArthur Boulevard and Von Karman Avenue. (A report from the Public Works Department) (e) Resolution No. 9314 supporting legislation to Legal limit the requirements for legal publication Notices of ordinances. (A report from the City R -9314 Clerk) (547F) • (f) Removed from the Consent Calendar. i Volume 32 - Page 77 CITY OF NEWPORT BEACH COUNCILMEN O S�� C °\ �G ROLL CALL A ril 10 1978 MINUTES INDEX • 3. The following communications were referred as indicated: (a) To staff for report back, a letter from Wm. Curb Cut E. Doud & Co., Inc. regarding the curb cut on Abatements property at 2800 E. Coast Highway (Goldenrod (687) and Coast Highway) Corona del Mar. (Copies mailed to Council) (b) To staff for report back, a letter from Curb Cut Realonomics Corporation protesting the Abatements closing of the remaining driveway leading (687) from Heliotrope onto the property located at 2850 -54 East Coast Highway, Corona del Mar. (Copies mailed to Council) (c) To staff for report back, a letter from Roger Bloxham Bloxham requesting Council take the necessary Driveway steps to restore the use of his driveway (2042) (incorporated in the modification of the Arcade parking and striping program approved by Council 9- 13 -76). (Attached) (d) To staff for reply, a letter from Marian Animal Haberman regarding the possibility of being Control allowed to walk dogs 5:00 p.m. to 9:00 a.m. (862) in the summertime also. (Copies mailed to Council) • 4. The following communications were referred .to the City Clerk for filing and inclusion in the records: (a) Letters opposing the proposed change in surfing regulations from Mr. and Mrs. George Davidson, Patricia Visel and the West Newport Beach Improvement Association. (Copies (281) mailed to Council) (b) A copy of a letter to the Chamber of Commerce from Roger L. Combs regarding pollution from litter, debris and dog feces, and suggesting penalty fines and more trash cans on the (2046) _ beach. (Copies mailed to Council) (c) A copy of a letter to the Orange County Transportation Commission from Ronald Kennedy asking that the Minutes of the Transportation Plan Citizens Advisory Committee Meeting of March 1 be corrected. (Copies mailed to (960) Council) (d) A letter from the Santa Rosa Recycling Center regarding the United States Brewers Associa- tion Litter Prevention Program. (Copies (2046) mailed to Council) (e) Notices from the Local Agency Formation Commission regarding hearings on April 12, • 1978 regarding the following annexations: (20) (1) Proposed annexation to the City of Costa Mesa designated Bristol /Red Hill Annexation, located southeasterly of Red Hill and southwesterly of Bristol. i Volume 32 - Page 78 CITY OF NEWPORT BEACH COUNCILMEN 9X Rnl.l CAI 1`PS A< n April 10, 1978 MINUTES INnFX • (2) Proposed annexation to Costa Mesa . Sanitary District designated Engineer's No. 174 Annexation, located northwesterly of Red Hill and northeasterly of Bristol. (3) Proposed annexation to Costa Mesa Sanitary District designated Engineer's No. 178 Annexation, located northwesterly of Red Hill and northeasterly of Bristol. (f) A resolution of the City of Costa Mesa concerning the housing distribution proposals of the Southern California Association of Governments. (447F) (g) Agenda of the Board of Supervisors Meetings of March 28, 29, April 4 and 5, 1978. (20) (h) A letter from Alfonso Lizanetz protesting "big government." (Copies mailed to Council) (20) (i) A letter from WeTiP (We Turn in Pushers) requesting support for their program. (Copies mailed to Council). (889) 5. The following claims were denied and the City Claims Clerk's referral to the insurance carrier was confirmed: (a) Claim of Oliver D. Burden III for property I Burden • damage to his mo -ped on April 3, 1978 when he (2908) allegedly ran over an uncovered manhole in the alley near 21st Street. (b) Claim of Robert Hall, Jr. and Ann E. Hall for Hall personal injuries and the wrongful death of (2909) their daughter, Elizabeth J. Hall, which occurred due to an automobile accident on or about January 1, 1978 on the Newport Bay Bridge allegedly due to the design and construction as well as the traffic control equipment of the bridge. (c) Claim of Patricia Porreca for personal Porreca injuries sustained on or about January 1, (2910) 1978 when she was involved in an automobile accident at the Newport Bay Bridge, allegedly due to inadequate lighting and signs warning of the narrowing approach to the bridge. (d) Claim of Pacific Telephone and Telegraph Pacific Tel Company for property damage to buried cables (2911) at 949 West 16th Street by the Irvine Pipe- , line Company, a subcontractor for the Griffith Company, who was working on the 16th Street Utility Storage Yard, our Public Works contract. (e) Claim of Home Insurance Company as subrogee Home Ins Co/ • for George Chase for property damage to Mr. Chase. Chase's vehicle and two other vehicles on (2912) December 28, 1977 on San Joaquin Hills Road resulting from an accident allegedly incurred by a defect in the roadway. i Volume 32 - Page 79 CITY OF NEWPORT BEACH COUNCILMEN 'D 9 Oo m\ \ �'P ,�� �'r o A y yN Rn11 _ 11 \ \ April 10, 1978 MINUTES INDEX (f) Claim of June V. Bradley for property damage Bradley • to her two garages located at 520 Fernleaf (2913) Avenue on March 21, 1978 when a City trash truck hit the garages, completely demolishing one and badly damaging the other. (g) Claim of Jay Bryan Ferguson for towing costs Ferguson incurred when his car was towed away from (2914) 5103 Seashore Drive on March 14, 1978 which he alleges was illegally done since the car was not parked there for 72 hours. (h) Claim of J. 0. Yungfleisch Insurance as Yungfleisch subrogee for Progressive Produce for property Ins Co damage to their vehicle. on January 25, 1978 (2915) when a City Paramedic van collided with Progressive Produce's parked vehicle on Amethyst Street while answering an emergency call. (i) Claim of James H. and Darlene M. Marovish for Marovish property damage by a City tree falling into (2916) their garage door on February 27, 1978 at 1941 Windward Lane. (j) Claim of Carmen Beretta, Administratrix of Beretta the Estate of Andrea Qualls, for costs (2917) incurred resulting from the death of Mrs. Qualls on December 27, 1977 when she was involved in an automobile accident at the intersection of Jamboree and Ford Roads, allegedly due to City negligence. (k) Claim of Wendy Sue Thatcher for personal Thatcher injuries and property damage resulting from a (2918) collision caused by overhanging shrubbery blocking her view into the intersection at Bayside Drive and the alley east of Marguerite on January 21, 1978. (1) Claim of David Brent McCosker for property McCosker damage to his automobile on March 18, 1978 (2919) when a City truck backed into his car on - Crystal Avenue. (m) Claim of Sargent Investigations and Security, Sargent Inv Inc., and Dennis W. Graffi alleging threaten- & Graff.i ing behavior from two Newport Beach Police (2920) Offices on February 10, 1978 at 342 Buena Vista Boulevard in Newport Beach. (n) Claim of Westbrook Corporation for property Westbrook damage to their truck on February 10. 1978 Corp when a City tree blew over damaging the bed (2921) of the truck while it was parked at 3510 Second Avenue. 6. The City Clerk's referral of the following Summons • and Complaints to the insurance carrier was confirmed: (a) Summons and Complaint of Dorothy Danielle Johnson & Johnson and William E. Manrow III for damages Manrow (2786/2791) Volume 32 - Page 80 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 9 y �0N�,c 'FG sip 9 \ F 2 cF��v by �y�s ROLL C4LL� �N \ \ April 10, 1978 INDFY (slander, libel, malicious prosecution, • intentional infliction of emotional distress, false imprisonment, conversion, and invasion of privacy), Case No. 28 -69 -93 in the Orange County Superior Court. The original claim in connection with her arrest was filed on June 16, 1977. 7. The following staff reports were received and ordered filed: (a) A report from the City Attorney regarding PB &R Coastline Community College use of City Rec Program facilities. (Attached) (1897) (b) Removed from the Consent Calendar. 8. The plans and specifications for the Construction Marinapark of Marinapark Shelter Facilites, Contract No. Shelter Fac 2010, were approved; and the City Clerk was (209F) authorized to advertise for bids to be opened at 2:30 p.m. on May 11, 1978. (A report from the Public Works Department) 9. The plans and specifications for the Street St Imprv/ Improvements - West Coast Highway (ORA 001), Dover W Cst Hwy Drive to 3,800 feet West, Contract No. 1891, were (538) approved; and the City Clerk was authorized to advertise for bids to be opened at 2:30 p.m. on • April 25, 1978. (A report from the Public Works Department) 10. The following maintenance dredging harbor permits Harbor were approved subject to the conditions of Permits approval under the general permit issued by the (304F) Corps of Engineers: 11175 -812, Dr. J. Congdon, 812 Via Lido Nord; 01175 -744, Bonnie Stauffer, 744 Via Lido Nord; $111 -1022, Floyd Blower, 1022 E. Balboa Boulevard; 11225 -1702, Dorcas Donnelly, 1702 S. Bay Front. (A report from the Marine Department) .11. The request by Duncan McIntosh to temporarily moor Temporary the S. S. Catalina bayward of Lido Village Marina Moorings in conjunction with the 1978 In -The -Water Boat (2312) Show was approved. (A report from the License Supervisor) 12. The following budget amendments were approved: BA -74, $364,000.00 increase in Budget Appropria- tions from Federal Revenue Sharing to Newport Center Branch Library, Federal Revenue Sharing Fund. BA -75, $349,500.00 increase in Budget Appropria- tions from Building Excise Tax to Newport Center Branch Library, Building Excise Tax Fund. • BA -76, $12,000.00 increase in Budget Appropria- tions from Building Excise Tax to West Newport " Park Restroom, Building Excise Tax Fund. (A report from the Parks, Beaches and Recreation Director) i Volume 32 - Page 81 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 9 y. Op P� �p\O O^'�C ,D m\ < �y ROLL CALL \ \ April 10, 1978 MnFY • ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report was presented from the Public Works Library Department regarding the construction of the (2030) Newport Center Branch Library. Motion x Resolution No. 9315, awarding a contract to J. Ray R -9315 Ayes x x x x x x Construction Company for the construction of the Noes x Newport Center Branch Library, was.adopted. 2. A report was presented from the Public Works Carnation Av Department regarding a petition dated February 24, Beach /Street 1978 regarding the storm drain outlet at Carnation End Cove. (847) Motion x The staff was directed to obtain estimates of the Ayes x x x x x x x cost of extending the drain, and to contact the County to determine any potential interest in cooperating with the City on the project. 3. A report was presented from the Public Works Speed Limits Department regarding a proposed fifty mile per (163F) hour speed limit on Jamboree Road between Mac- Arthur Boulevard and San Joaquin Hills Road. Jack Keating, President of the Eastbluff Homeowners Association, addressed the Council and requested that the speed limit be lowered to forty miles per • hour and stated the noise levels were not being taken into consideration. Proposed Ordinance No. 1763, being, AN ORDINANCE 0 -1763 OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.24.058 OF THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING A FIFTY MILES PER HOUR SPEED LIMIT ON JAMBOREE ROAD BETWEEN MACARTHUR BOULEVARD AND SAN JOAQUIN HILLS ROAD, was introduced and passed to second reading on April 24, 1978; and the staff Motion x was instructed to come back with a report as soon Ayes x x x x x x x as possible. ADDITIONAL BUSINESS: Motion x 1. On motion of Councilman Ryckoff, the City Council Var 1067 Ayes x x x x x x x elected to review the decision of the Planning (2923) Commission approving Variance 1067, a request to permit the construction of a single - family dwelling on a lot in the R -1.5 District that exceeds 1.5 times the buildable area of the site, located at 111` -I Park Avenue, portions of Lot 19 and 20, Block 1, Section One, Balboa Island, and the matter was set for public hearing on April 24, 1978. Motion x 2. The City Attorney was authorized to retain OrCo Airport Ayes x x x x x x x Attorney Leonard Hampel and Consultant Henry Wedaa Growth to assist the City in connection with the analysis Control Fund • of the revised Orange County Airport Environmental Impact Report, with fees to.be paid from the (2853) Airport Growth Control Fund (maximum $15,000). Motion x 3. The staff was directed to proceed to obtain bids Balboa Pier Ayes x x x x x x x to be opened on May 9, 1978 -for the Balboa Pier Concession Concession. (726) i Volume 32 - Page 82 COUNCILMEN MINUTES �i �-� c !! 9 \ FS y on, I cal I April 10, 1978 INDEX • The meeting was adjourned to 4:30 p.m., Tuesday, April 18, 1978 for the purpose of receiving the City Clerk's Certificate of Canvass of the results of the General Municipal Election, installation of the newly- elected Councilmen and election of Mayor and Mayor Pro Tempore. Mayor • ATTEST: City Clerk a �S!✓F��� • i Volume 32 - Page 83