Loading...
HomeMy WebLinkAbout05/08/1978 - Regular MeetingCITY OF NEWPORT BEACH COUNCILMEN yG� y�C' 3A Regular Council Meeting 19Z Place: Council Chambers �C '9� �FG�2�� Time: 7:30 P.M. ROLL CALL d' 9 Date: May 8, 1978 MINUTES INDEX Wesent x x x x x x Roll Call. Absent x The reading of the Minutes of the Adjourned Meeting of Motion x April 18 and of the Regular Meeting of April 24, 1978 Ayes x x x x x x was waived, and said Minutes were approved as written Absent x and ordered filed. Motion x The reading in full of all ordinance and resolutions Ayes x x x x x x under consideration was waived, and the City Clerk was Absent x ordered to read by titles only. HEARINGS: 1. Mayor Ryckoff opened the public hearing in Weed connection with the Spring, 1978 Weed Abatement Abatement Program, in compliance with Resolution No. 9321, Spring to consider objections and protests, if any, to 1978 the proposed abatement of weeds and other public (150F) nuisances. Reports were presented from the Fire Chief and the City Manager along with a copy of the Abatement Notice. David Shores, representing the Newport Crest Community Association, addressed the Council and • asked that the CALTRANS property abutting their development be excused from the abatement pro- ceedings, or that, at least, the ground not be plowed if at all possible. Mr. Shores agreed to leave the matter to the discretion of the Fire Chief in the event some abatement might be required. Motion x The hearing was closed after it was determined Ayes x x x x x x that no one else desired to be heard. Absent x Resolution No. 9327, ordering the Fire Chief to R -9327 abate weeds and other public nuisances existing upon streets, alleys, sidewalks, parkways and Motion x private property within the City, was adopted with Ayes x x x x x x the exception of the CALTRANS property abutting Absent x the Crest development which will be left to the discretion of the Fire Chief. 2. Mayor Ryckoff opened the public hearing regarding Vacation/ the vacation and abandonment of a portion of E1 E1 Capitan Capitan Drive, and Quitclaim Deed for a portion of Drive the Spyglass Hill paseo easement, located on the (2922) northeasterly side of E1 Capitan Drive from Spyglass Hill Road to San Joaquin Hills Road. A report was presented from the Public Works r5. Department. 1. .btion x The hearing was closed after it was determined Ayes x x x x x x that no one desired to be heard. Absent x Volume 32 - Page 101 CITY OF NEWPORT BEACH COUNCILMEN MINUTES -A %y �3F � C'y�O,n S 9�22i his' c��9 May 8, 1978 ROLL CALL INDEX Iftotion x The following resolutions were adopted: Ayes x x x x x x Absent x Resolution No. 9328 ordering the vacation and R -9328 abandonment of a portion of E1 Capitan Drive right -of -way. Resolution No. 9329 authorizing the Mayor and City R -9329 Clerk to execute a quitclaim deed for a portion of the Spyglass Hill Paseo Easement. 3. Mayor Ryckoff opened the public hearing regarding Corporate Planning Commission Amendment No. 506, a request Plaza P -C of The Irvine Company to amend the Planned Com- Dev Plan munity Development Plan for Corporate Plaza to (2091) permit general changes in the Land Use Map and Text on property bounded by Newport Center Drive, Farallon Drive, Avocado Avenue and East Coast Highway in the Planned Community of Corporate Plaza; zoned P -C. A letter from The Irvine Company was presented requesting a month's continuance. Motion x The public hearing was continued to June 12, 1978. Ayes x x x x x x Absent x 4. Mayor Ryckoff opened the public hearing regarding Tract 9676 Tentative Map of Tract No. 9676, a request of • McLain Enterprises to subdivide 25.1 acres for residential condominium development, and ingress and egress and private vehicular circulation within the project on property located at 1100 Jamboree Road, on the easterly side of Jamboree Road, across Jamboree Road from the Newporter Inn, zoned P -C. A report was presented from the Community Develop- ment Department. Councilman Heather asked that the proposed land swap for park area purposes be removed.from the discussion in order to obtain further input. Bob McLain of McLain Development addressed the Council and suggested a continuance to May 22 in order to reach an agreement regarding the land swap area. Motion x The public hearing was continued to May 22, 1978. Ayes x x x x x x Absent x CONTINUED BUSINESS: 1. A letter from the Newport Beach Firefighters Council, Association, Inc. dated April 17 was presented Policy requesting that the compensation standards for (430F) entry level police safety positions as set out in Council Policy J -1 be made applicable to all City safety employees. Volume 32 - Page 102 CITY OF NEWPORT BEACH COUNCILMEN MINUTES g i �p y9G2y ROLL CALL �d'� 9�s May 8, 1978 inincv A letter from Far West Services was presented in support of the request of the Firefighters. Motion x Councilman Strauss made a motion to continue the item to May 22, 1978. Sam Wells, attorney representing the Newport Beach Firefighters Association, addressed the Council and stated they agreed to the continuance, but asked that the item be also presented at the Study Session on May 22, to which the Council agreed. Ayes x x x x x x A vote was taken on Councilman Strauss' motion, Absent x which motion carried. 2. (District 5) Mayor Ryckoff's appointment of a CEQAC member to the Environmental Quality Citizens (1058) Motion x Advisory Committee to fill the unexpired term of Ayes x x x x x x Miles Stover ending December 31, 1978, was Absent x postponed to May 22, 1978. CURRENT BUSINESS: 1. A report was presented from the Parks, Beaches and Irvine Recreation Commission regarding Irvine Terrace Terrace Park. Park ._ Property Motion x The staff was directed to prepare a resolution (2422) -Aves x x x x x declaring the intent to abandon the described Wes x property and setting a public hearing to hear any bsent x objections to the proposed abandonment; it was directed that consideration be given to using the money derived from any sales for improvements in the Irvine Terrace area; and the following findings, in accordance with the Municipal Park Abandonment Law, were made: 1) that a portion of Irvine Terrace Park has not been used by the public, 2) that no public funds have been used to improve said portion of the Park, and 3) that the land is no longer required for public park purposes. 2. A report was presented from the Marine Department Harbor regarding Harbor Permit Application No. 225 -530 by Permits Christian Ebsen and Arnold Peterson to construct a (304F) jointly -owned pier and float at 530 and 534 S. Bay Front. Motion x This item was postponed to May 22, 1978. Ayes . x x x x x x Absent x 3. A report was presented from the Marine Department Surfing regarding a Body- Surfing /Hand Gun Contest proposed Contest by Johnson Sports Corporation. (123) Mary Lou Christiansen, representing Johnson Sports Corporation, the sponsor of the event, addressed • the Council and demonstrated the "hand gun" as a hand -held surfing device. Volume 32 - Page 103 CITY OF NEWPORT BEACH COUNCILMEN MINUTES � � 'A � \iN ROLL CALL 0 sd' 'L May 8, 1978 iNncY • The Body- Surfing /Hand Gun Contest to be held July 29 and 30 between the hours of 8:00 a.m. and 4:00 p.m. at 18th Street and West Ocean Front was Motion x approved, subject to all applicable beach ordin- Ayes x x x x x x antes; and Section 3 of Resolution No. 8844, Absent x delineating hours when surfing is prohibited, was waived. 4. A letter from the Litter Control Citizens Advisory Litter Committee was presented regarding the resignation Control of Charles K. Paskerian. CAC (2046) Motion x Mr. Paskerian's resignation was accepted with Ayes x x x x x x regret, the City Clerk was directed to send a Absent x Certificate of Appreciation and (District 6) Councilman Hummel's appointment of a member to the Litter Control Citizens Advisory Committee to fill the unexpired term of Charles Paskerian ending December 31, 1978 was postponed to May 22. 5. A report was presented from the City Attorney Building regarding Council Policy S -1, "Traffic Phasing Moratorium of Development Plan." (2873) Council The following people addressed the Council in Policy support of the proposed Council Policy: John B. (430F) Kingsley, Frank Robinson, Daniel Emory, Jean Watt, Ed Siebel, Allen Beek, Charles Griffin and Margot • Skilling. The following people addressed the Council in opposition to the proposed Council Policy: Glenn Martin; Dan Rogers, Executive Director of the Newport Harbor Area Chamber of Commerce; John McLain; Terry Welsh; J. Lester Steffenson; Wally Geer; Robert Shelton, representing Peter Kremer, President of The Irvine Company; Judy Barlow; Rolly Pulaski; Diane Patterson; Lyman Faulkner; E. P. Benson and Larry Whitesides. Motion x Mr. Shelton was granted five additional minutes for Ayes x x x x x x his presentation. Absent x Motion x Mayor Ryckoff made a motion to adopt the proposed Council Policy and to direct the staff to bring back an ordinance embodying these same concepts for introduction on May 22. Motion x Councilman Strauss made a substitute motion to Ayes x x x postpone action on the policy to May 22, which Noes x x x motion failed to carry. Absent x Ayes x x x x x A vote was taken on Councilman Ryckoff's motion, Noes x which motion carried. sent x 6. A letter from the Beacon Bay Community Association Beacon Bay was presented requesting the reestablishment of Lease Cmte the Council Beacon Bay Lease Committee. (1123) Volume 32 - Page 104 COUNCILMEN ROLL CALL estop P ktion es Absent Motion Ayes Absent • • CITY OF NEWPORT BEACH MINUTES May 8, 1978 INDEX R -9330 District Map 35 0 -1764 (2942) UP 1848 R -9331 (2943) Resub 573 R -9332 (2944) W Cst Hwy St Impry R -9333 (538) Fireworks (423) x Resolution No. 9330, reestablishing the Beacon Bay • x x x x x Lease Committee, was adopted; and Mayor Ryckoff x and Councilman Hummel were appointed as members. CONSENT CALENDAR: x The following actions were approved by one motion • x x x x x affirming the actions on the Consent Calendar: x 1. The following ordinance was introduced and set for public hearing on May 22, 1978: (a) Proposed Ordinance No. 1764, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP N0. 35 TO RECLASSIFY LAND FROM THE UNCLASSIFIED DISTRICT TO THE P -C DISTRICT AND AMENDING THE PLANNED COMMUNITY DEVELOPMENT PLAN FOR KOLL CENTER NEWPORT TO PERMIT THE INCREASE IN THE BUILDING SITE AND ALLOWABLE BUILDING AREA OF OFFICE SITE C, AND THE ACCEPTANCE OF AN ENVIRONMENTAL DOCUMENT (PROPERTY LOCATED ON THE EASTERLY SIDE OF MacARTHUR BOULEVARD BETWEEN CAMPUS DRIVE AND BIRCH STREET IN AND ADJOINING KOLL CENTER NEWPORT), Planning Commission Amendment No. 505. (A report from the Community Development Department) 2. The following resolutions were adopted: (a) Removed from the Consent Calendar. (b) Resolution No. 9331 approving a Use Permit Agreement between the City of Newport Beach and Ernest George in connection with guaran- teeing the completion of the public improvements required with Use Permit No. 1848 (northeasterly side of East Coast Highway, easterly of Hazel Drive in Corona del Mar). (A report from the Public Works Department) (c) Resolution No. 9332 approving the Parcel Map for Resubdivision No. 573, and accepting the vehicular access rights to East Ocean Front as released and relinquished. (A report from the Public Works Department) (d) Resolution No. 9333 awarding a contract to T. J. Crosby Co. for West Coast Highway street improvements (Dover Drive to 3,800 feet west), Contract 1891, in the amount of $116,621.50. (A report from the Public Works Department) 3. The following communications were referred as indicated: (a) To staff for report back, a letter from the Balboa Improvement Association requesting possible financial assistance for their Volume 32 - Page 105 INDEX R -9330 District Map 35 0 -1764 (2942) UP 1848 R -9331 (2943) Resub 573 R -9332 (2944) W Cst Hwy St Impry R -9333 (538) Fireworks (423) CITY OF NEWPORT BEACH COUNCILMEN MINUTES 9�'�922 O ':�%G ROLL CALL d' c� P May 8, 1978 INnFx • fireworks display of July 4, 1978 since the entire City enjoys the display. (Copies mailed to Council) (b) To staff for inclusion in on -going study, a So Or Co letter from Nancy Feit, Irvine Coast Task Circulation Force, League of Women Voters of Orange Coast Study enclosing their "Statement Regarding the (2158) Issue Identification and Land Use Plan Phases of the Irvine Coast Local Coastal Program" to the Orange County Planning Commission; and stating their concern regarding the San Joaquin Hills Corridor. (Copies mailed to Council) (c) To staff for reply, a letter from the Depart- Calif Hwy ment of Transportation concerning their Surplus intention to offer real property for sale to Land the public. (Attached) (1308) 4. The following communications were referred to the City Clerk for filing and inclusion in the records: (a) A copy of a letter to the Traffic Affairs Committee from Patricia Keane regarding the white parking zone in front of her property at 301 East Balboa Boulevard. (Copies mailed (440F) • to Council) (b) A copy of a letter to Judges Dugan, Schmidt, Franklin and Stotler of the Newport Harbor Municipal Court from Don Winton concerning the parking fines imposed by the City of Newport Beach. (Copies mailed to Council) (639F) (c) A copy of a letter to Police Chief Gross from John D. Murray concerning.the traffic pro- blems as traffic moves from Jamboree Road onto Bristol Street. (Copies mailed to (1154F) Council) (d) A letter from the Orange County Division of the League of California Cities regarding committee openings which are to be filled at their May 11 Executive Meeting. (Copies (2527) mailed to Council) (e) Resolutions from the cities of Garden Grove and Ontario opposing the housing distribution proposals of the Southern California Associ- ation of Governments. (447F) (f) Notices from the Local Agency Formation Commission regarding hearings on May 10, 1978 regarding the following annexations: (1) Proposed annexation to Costa Mesa Sanitary District designated Engineer's No. 175 Annexation, located southerly of Sunflower Avenue and easterly of Smalley Road in the City of Costa Mesa. (20) Volume 32 - Page 106 CITY OF NEWPORT BEACH COUNCILMEN MINUTES yG y 3�pC�c+�y� G22 ROLL CAL � 9��p May 8, 1978 inincv • (2) Proposed annexation to Costa Mesa Sanitary District designated Engineer's No. 176 Annexation located southerly of Sunflower Avenue and easterly of Fairview Road in the City of Costa Mesa. (20) (g) Removed from the Consent Calendar. (h) Agenda of the Board of Supervisors meetings of April 25, 26, May 2 and 3, 1978. (20) (i) A letter from the Orange County Transit District regarding possible purchase of the property on Coast Highway between Superior Avenue and Newport Boulevard with respect to issues that should be investigated and . stating that the District does not anticipate making any contribution toward the acquisition of the property at this time. (Attached) (2745) 5. The following claims were denied and the City Claims Clerk's referral to the insurance carrier was confirmed: (a) Claim of William Robert Mudge for property Mudge damage to his 1972 Audi on January 11, 1978 (2937) when a Newport Beach Police vehicle collided • with his automobile on 16th Street and Irvine Avenue. (b) Claim of Darush Farshid for property damage Farshid to his motor vehicle on April 6, 1978 when he (2938) collided with another automobile at the intersection of Neptune Street and 51st Street allegedly due to the view being obstructed by overhanging branches of a City tree. (c) Claim of Mrs. Robert E. Hopper for property Hopper damage to the apartment building which they (2939) manage at 328 Marguerite Avenue when a window was broken by a City trash collector while he was throwing trash into the truck on April 13, 1978. (d) Claim of Randy Dwane Glad for false arrest, Glad assault and battery and improper detention (2940) which occurred when the Newport Beach Police Department arrested him for disorderly conduct and being intoxicated in a public place on April 13, 1978. 6. The City Clerk's referral of the following Summons and Complaints to the insurance carrier was confirmed: (a) Summons and Complaint of Phillip Jasieniecke Jasieniecke .� for personal injuries, Case No. 28 -81 -38 in 2790) the Orange County Superior Court. The original claim was for damages to his Volume 32 - Page 107 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 'L3 A,A O y�G 2�ip ROLL CALL d'T 9Sd' May 8, 1978 INnpY • automobile when it was involved in a colli- sion allegedly due to a malfunctioning traffic signal at Pacific Coast Highway and Orange Avenue. (b) Summons and Complaint of Peter Angus Gordon Gordon for damages, Case No. 77 -6649 RF in the (2692) United States District Court. The original claim alleged that the City of Newport Beach was a contributing factor in his arrests at Santa Barbara and San Diego. (c) Summons and Complaint of Richard Neal Eaton Eaton & and Ray Charles Randel for the return of Randel personal property, ancillary money recovery (2941) for wrongful disposition and dissipation of seized property, and for extraordinary, injunctive and declaratory relief, Case No. 28 -6942 in the Orange County Superior Court. An original claim was never filed with the City. 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 Refuse Crewman in the General Services • Department to fill a position to be vacant. (c) One Secretary position in the Community Development Department to fill a position to be vacant. 8. The following staff report was received and Orange Co ordered filed: Airport Growth (a) A report from the City Attorney regarding Control Airport Noise Consultant (John Parnell). (2853) 9. There were no public hearings scheduled. 10. The public improvements constructed in conjunction Tract 8444 with Tract No. 8444, located on the southeasterly corner of Ford and Jamboree Roads, were accepted; and the City Clerk was authorized to release the surety for faithful performance, and to release the surety for labor and materials in six months provided no claims have been filed. (A report from the Public Works Department) 11. The public improvements constructed in conjunction Resub 531 with Parcel 2, Resubdivison No. 531, located on (2551) the southwesterly side of Quail Street between Spruce Avenue and Dove Street in Newport Place, were accepted; and the City Clerk was authorized to transfer the surety for Parcel 2 to the surety is for Parcel 1 and to release the surety for Parcel 1 in six months, provided no claims have been filed. (A report from the Public Works Department Volume 32 - Page 108 CITY OF NEWPORT BEACH COUNCILMEN MINUTES i ROLL CALL �id'T�p�iP May 8, 1978 INDEX • 12. The plans and specifications for Inspiration Point Inspiration and Kings Road View Parks, Contract No. 2005, were Point approved; and the City Clerk was authorized to (1975) advertise for bids to be opened at 10:30 a.m. on Kings Rd Vw May 31, 1978. (A report from the Public Works Park Department) (2084) 13. The plans and specifications for the Irvine- Irvine - Baycrest Storm Drain, G02P01 were approved. (A Baycrest report from the Public Works Department) Storm Draine (2833) 14. Harbor Permit Application No. 110 -1300 by George Reade to construct a wooden groin extension at Harbor 1300 E. Balboa Boulevard was approved. (A report Permits from the Marine Department) (304F) 15. 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 -940, Richard Steele, 940 Via Lido Nord; 11105 -109, Howard S. Martin, 109 Bayside Place; 11138 -1, E. L. Overholt, 1 Harbor Isle; 11109 -1613, A. K. Backs, 1613 East Bay Avenue; 11109 -1713, W. H. Farnsworth, 1713 East Bay Avenue; 11116 -826, Guilford Babcock, 826 W. Bay Avenue; and 11175 -816, John Curci, 816 Via Lido Nord. (A report from the Marine Department) • 16. The following budget amendments were approved: BA -80, $13,475.72 increase in Budget Appropriations and decrease in Unappropriated Surplus for change order or additions to the Marinapark improvement contract., from Building Excise Tax to Marinapark Master Plan Improvements, General Fund. BA -81, $400.00 increase in Budget Appropriations and increase in Revenue Estimates, for drinking fountain for Cliff Drive Park with donation from Mrs.. Barbara Gartler, from Unappropriated Surplus and Donations and Contributions to Equipment, N.O.C., Park and Recreation Fund. (A report from the Parks, Beaches and Recreation Director) BA -82, $35,850.00 increase in Budget Appropriations - and increase in Revenue Estimates for construction of improvements to Coast Highway adjacent to the Orange Coast College Crew Base and the Sea Scout Base (contribution from Coast Community College District and from County of Orange) from Donations and Contributions, General Fund. BA -83, $891.00 increase in Budget Appropriations - for construction of street improvements along Coast Highway westerly of Dover Drive, from Unappropriated Surplus, Contributions Fund. • BA -84, $7,500.00 increase in Budget Appropriations for construction of street improvements on the southerly side of Coast Highway westerly of Dover - Drive, from Unappropriated Surplus, State Gas Tax Fund. (Sec. 2107) Volume 32 - Page 109 COUNCILMEN 4i�p `�C'�0 �S.yG 22i ROLL CALL 3J' ss \J Motion Ayes Absent • Motion Ayes Absent Motion Ayes Absent Motion Ayes Absent CITY OF NEWPORT BEACH MINUTES May 8, 1978 i INDEX Pornography Initiative (1243) Pacific Western Stage Lines (20) R -9334 NIWA (355F) LNG (2945) BA -85, $477.00 transfer of Budget Appropriations for funds for purchase item from 1977 Arts Festival which was not delivered until April 27, 1978, from Unappropriated Contingency Reserve to Nondepart- mental, Special Departmental Expense, General Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report to the City Manager from the Police Chief regarding a proposed initiative petition on pornography was presented with a proposed resolu- tion supporting the initiative legislation known as "Abatement of Moral Public Nuisance Law." x The item was postponed to May 22, 1978. x x x x x x X 2. A notice resetting a hearing before the Public Utilities Commission in connection with the application of Pacific Western Stage Lines, Inc. for a certificate of public convenience and necessity to operate a sightseeing tour service between points in Los Angeles and Orange County and certain points in Newport Beach was presented. Sue Ficker addressed the Council and inquired as to the location of the points in Newport Beach. It was agreed that information regarding the points in Newport Beach to be serviced would be obtained and given to the Central Newport Community Association. ' ADDITIONAL BUSINESS: x 1. Resolution No. 9334, commending Thomas F. Riley on x x x x x x receiving the Mardan Center of Educational Therapy X Award, was adopted. X 2. Mayor Ryckoff was authorized to send a letter to • x x x x x the Board of Directors of NIWA expressing the X City's position with respect to NIWA's Phase II Report on Surface Transportation. X 3. Mayor Ryckoff was authorized to send a letter • x x x x x indicating the City's opposition to the use of x liquid natural gas at Camp Pendleton if this use would interfere with the siting at some time of an airport there. The Council adjourned to Executive Session at 10:30 P.M. The Mayor declared the meeting adjourned at 11:30 p.m. Ma or ATTEST: City Cler Volume 32 - Page 110 i INDEX Pornography Initiative (1243) Pacific Western Stage Lines (20) R -9334 NIWA (355F) LNG (2945)