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HomeMy WebLinkAbout06/26/1978 - Regular MeetingCITY OF NEWPORT BEACH COUNCILMEN MINUTES S L �t:'`r' Regular Council Meetin �j91 9G 22 Place: Council Chambers F 9 0 'J� %{+ is Time: 7:30 P.M. ROLL CALL �J s Date: June 26, 1978 INDEX resent x x x x x x Roll call. Absent x Motion x The reading of the Minutes of the Regular Council Ayes x x x x x x Meeting of June 12, 1978 was waived, and said Minutes Absent x were approved as written and ordered filed. Motion x The reading in full of all ordinances and resolutions Ayes x x x x x x under consideration was waived, and the City Clerk Absent x was ordered.to read by titles only. HEARINGS: 1. Mayor Ryckoff opened the continued public hearing Traffic regarding Ordinance No. 1765, being, Phasing Plan AN ORDINANCE OF THE CITY OF NEWPORT BEACH 0 -1765 ADDING CHAPTER 15.40 TO THE NEWPORT BEACH (2873) MUNICIPAL CODE ESTABLISHING A TRAFFIC PHASING PLAN TO COORDINATE DEVELOPMENT OF CERTAIN PROJECTS WITH TRANSPORTATION FACILITIES IN NEWPORT BEACH. Gordon Young and William D. Lusk addressed the Council and opposed the ordinance. Motion x Mr. Lusk was granted ten minutes for his Ayes x x x x x x presentation. �bsent x 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 Motion x Ordinance No. 1765 was adopted as written. Ayes x x x x Noes x x Absent x 2. Mayor Ryckoff opened the continued public hearing Alley Re- regarding the proposed realignment of alleys in alignmt Block 5, East Newport (in City block bounded by E Npt Balboa Boulevard, Eighth Street, West Bay Avenue BI 5 and Seventh Street). (2947) A report was presented from the Public Works Department. Motion x The hearing was continued to July 11 1978. Ayes x x x x x x Absent x 3. Mayor Ryckoff opened the public hearing regarding Irvine the City's intention to abandon a portion of Terrace Irvine Terrace Park. Park Prop (2422) Motion 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 Motion x The staff was directed to prepare the necessary Ayes x r. x x x x documentation to consummate the sale of the Absent xl i property. Volume 32 - Page 150 -tJLL CITY OF NEWPORT BEACH COUNCILMEN MINUTES 9 CALL 5P June 26, 1978 INDEX • Moti Ayes Abse Moti Ayes Abse 0 Moti Ayes Abse • [i- 4. Mayor Ryckoff opened the public hearing regarding Ordinance No. 1769, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH Zoning AMENDING SECTION 20.01.070 OF THE NEWPORT Code BEACH MUNICIPAL CODE TO EXEMPT SINGLE- Reclassil FAMILY DWELLINGS AND DUPLEXES FROM SITE cation PLAN REVIEW REQUIREMENT IN A SPECIFIC PLAN 0 -1769 AREA FOR WHICH A SPECIFIC AREA PLAN HAS NOT (2306) BEEN ADOPTED, Planning Commission Amendment No. 509. A report was presented from the Community Development Department. on x The hearing was closed after it was determined x x x x x x that no one desired to be heard. at x on x Ordinance No. 1769 was adopted as recommended by x x x 'x x x the Planning Commission. at x 5. Mayor Ryckoff opened the continued public hearing Budget regarding the Preliminary Budget as prepared by Hearing the City Manager for the fiscal year 1978 -79, 1978 -79 pursuant to Section 1102 of the Newport Beach (2934) City Charter.. A report was presented from the City Manager regarding the 1978 -79 Fiscal Year Budget. A report was presented from the Fire Chief regarding engine companies versus truck companies. A letter from Steven Wigely, representative of the Newport Beach Ocean Lifeguard Association, requesting permission to address the Council was presented. The following people addressed the Council in connection with the Budget: Stuart Williams in support of the Transient Occupancy Tax. Steve Wigely of the Marine Department, repre- senting the Ocean Lifeguard Association, asked that Items 60, 61 and 63 of the Proposition 13 reductionei�be restored to the Budget. .on x Mr. Wigely was granted ten minutes for his x x x x x x presentation. :nt x Rod MacMillian, Commissioner of the Harbor Baseball Program asked that funding for the program be included in the Budget in the event it fails to be self- supporting. Volume 32 - Page 151 [i- CITY OF NEWPORT BEACH COUNCILMEN iGy C> 3'9'A �i � 9J.�9 2 2i�� 9 �yFG�2�N .L CALL �d'� 9 s June, 26. 1978 Mc A, Al M A Al K A; N( Al Ml A, Ni Al Mi A, Ni Al X A Al MINUTES inincv Suzie Picker urged retention of the three items requested by the Marine Department. • Joan Winburn, Parks, Beaches and Recreation Commissioner, presented a letter from the Commission suggesting that auto service ($1,000), A calculator ($195), a sedan ($5,150) and a scooter ($4,000) be deleted from the Budget, and that approximately $10,315 be reinstated to keep a Landscape Architect for a period of six months. Linda Schack and Judy Franco asked that the crossing guards be reinstated. Blackie Gadarian urged that no Police or Fire positions be deleted and that trash pick -up be kept to twice a week. Ption x the hearing was closed after it was determined ,es x x x x x x that no one else desired to be heard. isent x Project No. 51 on the Proposition 13 reduction otion x list for the Fire Department, concerning the yes x x x x x x engine company at the Newport Center Fire Station isent x ($58,585), was removed. ition x Project No. 60 on the Proposition 13 reduction X x x x x list for the Marine Department, stand -by call Ost x back pay ($4,778), and Project 61, night beach x patrol - regular, overtime and seasonal salaries ($14,247), were restored. rtion x Project 63 on the Proposition 13 reduction list res x x x x for the Marine Department was considered, and res x x the one hour a day coverage at each of 29 Ocean >sent x Lifeguard Stations for 84.5 days ($13,191) was restored. >tion x Mayor Pro Tem Williams made a motion to maintain res x x in the Budget the nine currently - filled positions )es x x x x scheduled for cutting, Items 1, 12, 31, 67, 70, )sent x 76, 91, 111 and 112 on the Proposition 13 reduction list, which motion failed. )tion x Project 112 on the Proposition 13 reduction list res x x x x x x for the Parks, Beaches and Recreation Department )sent x was considered, and $10,313 was retained in the budget to reinstate the Landscape Architect for six months, and auto service at $1,000, a calculato at $195, a sedan at $5,150 and a scooter at $4,000 were deleted as recommended by the Parks, Beaches and Recreation Commission. >tion x Councilman McInnis made a motion to reinstate res x x the Special Enforcement Team (undercover operation) x x x x are two Police Officers ($41,500), Project 41 on the St x Proposition 13 list for the Police Department, which motion failed. Volume 32 - Page 152 CITY OF !NEWPORT BEACH COUNCILMEN :JLL CALL 3s �sN June 26, 1978 Mo Mo Ay go Ab Ay No Ab 0. Mo Ay No Ab Ay Ab Mo A Ab Mo Ay No Ab Mc Ay Nc At r L MINUTES INDEX Item 97 on the Proposition 13 reduction list for the General Services Department was considered, to x and Councilman McInnis made a motion to restore twice -a -week trash collection and the Saturday business collection ($347,983). tion x Councilman Hart made a substitute motion to as x restore twice -a -week trash pick -up in the beach as x x x x x areas - West Newport to the peninsula and Balboa sent x Island, which motion failed. as x x x A vote was taken on Councilman McInnis' motion, as x x x which motion failed. sent x tion x Mayor Ryckoff made a motion to approve the appropriation of $161,102 to be held in reserve to provide for self- insured retention of $500,000, insuring the City against public liability up to $5,000,000. tion x Councilman Heather made a substitute motion to as x x x appropriate an additional $20,000 for a liability as x x x insurance package up to $10,000,000, which sent x motion failed. as x x x x x x A vote was taken on Mayor Ryckoff's main motion, sent x which motion carried. tion x Item 39 on the Proposition 13 reduction list for X x x x the Police Department School Crossing Guards x x ($12,000), was restored. sent x tion x Resolution No. 9381, extending the terms and R -9381 es x x x x x conditions of the Compensation Plan and Table of as x Authorization of Permanent Employee Classes for sent x Fiscal Year 1977 -78 as amended, was adopted. tion x Resolution No. 9382, adopting the Budget for the R -9382 es x x x x x 1978 -79 Fiscal Year, was adopted. es x sent x 6. Mayor Ryckoff opened the continued public hearing .. -- Griswold _ .. _ .. - -- on the appeal of Mr. and Mrs. Donald G. Griswold Appeal from the decision of the Planning Commission (2924) denying Variance No. 1066, a request to permit construction of a single - family dwelling that exceeds the height limit in the 24/28 Foot Height Limitation District, with encroachment into required front yard setback on property at 2333 Pacific Drive, on the southerly side of Pacific Drive, adjacent to Begonia Park in Corona del Mar, zoned R -1. A report was presented from the Community ' Development Department. Volume 32 - Page 153 ',LL CITY OF NEWPORT BEACH COUNCILMEN MINUTES CALL June 26, 1978 INDEX Gordon Glass, architect representing Mr. and Mrs. Griswold, addressed the Council and stated they would like to have an opportunity to reassess • their plans since the Council decided not to purchase their property, and asked the Council to deny the appeal without prejudice so they can go back to the Planning Commission and start over. 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 Motion x The appeal of Mr. and Mrs. Donald G. Griswold Ayes x x x x x x from the decision of the Planning Commission Absent x denying Variance No. 1066 was denied without prejudice. Motion x Councilman Heather made a motion to waive the Ayes x x x second filing fee for the Griswold's, which Noes x x x motion failed. Absent x 7. Mayor Ryckoff opened the public hearing in Weed connection with the Spring, 1978 Weed.Abatement Abatement Program in compliance with Resolution No. 9327. (150F) A report was presented from the Fire Department. Susie Ficker addressed the Council regarding the on the weed problem peninsula. Inspector Haskell of the Fire Department gave a brief staff report. 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. 9383, confirming the report of R-9383 the Fire Chief concerning the cost of the abatement of weeds and other nuisances and requesting the Auditor- Controller of Orange Motion x County to enter the amount of each assessment Ayes x x x x x x referred to in said report on the County tax Absent x rolls, was adopted. ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1770, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH Hotel ADDING CHAPTER 10.45 ENTITLED "HOTEL - Loitering LOITERING" TO TITLE 10 OF THE NEWPORT BEACH 0 -1770 MUNICIPAL CODE, (2983) was presented for second reading. *on x Ordinance No. 1770 was adopted. Ayes x x x x x x Absent x Volume 32 - Page 154. -ILL A N o A CITY OF NEWPORT BEACH COUNCILMEN MINUTES 9 i CALL ��T��sN June 26, 1978 INDEX Motion x Ordinance No. 1771 was adopted. A] x x x x x es x bsent x CONTINUED BUSINESS: 1. A proposed resolution was presented excepting Bldg certain projects from Chapter 15.40 of the Newport Moratorium Beach Municipal Code. (2873) . The following people addressed the Council regard- ing the exceptions listed in the resolution: Hal Thomas asked which projects were listed and was so informed by the City Attorney, who added the grading and building permits at 3700 Campus Drive to the list; Allan Beek asked that this item and later items involving the questions of exceptions be considered at the same time; Robert Shelton; Timothy Strader of Koll Center Newport; Tom Morrissey of Ford Aerospace and Communications Corporation asking that they be included; Barry Allen questioning some of the inclusions and questioning the bases for determining vesting. Daniel Emory addressed the Council in support of the resolution. otion x Resolution No. 9384, excepting certain projects R -9384 yes x x x x x x from Chapter 15.40 of the Newport Beach Municipal bsent x Code, was adopted as amended. 2. A report was presented from the Community Develop- Bldg ment Department regarding Planning Commission Moratorium/ recommendations re "Procedures and Traffic Trfc Fhan- -_ Analysis for Implementation of Council Policy S -1 (2873) and /or Traffic Phasing Ordinance." Son x The item was postponed to the Study Session and dyes x x x x x x evening meeting on July 11, 1978. , baent x Volume 32 - Page 155 2. Ordinance No. 1771, being, S Sewer Use Charge AN ORDINANCE OF THE CITY.OF NEWPORT BEACH 0 0 -1771 • A ADDING SECTION 14.24.065 TO THE NEWPORT BEACH ( (2984) MUNICIPAL CODE ESTABLISHING A SEWER USE CHARGE, was presented for-second reading: A report was presented from the Public Works Department. Leonard Kepler addressed the Council with questions regarding the fees. It was explained to Mr. Kepler that the fee for apartments applied to each individual unit. ROLL COUNCILMEN CALL L • Moti o Ayes Noes Abse Moti o Ayes Noes Abse Moti AyeB. Noes Abse Moti o Ayes Noes of CITY OF NEWPORT BEACH MINUTES June 26. 1978 I Iu ntr y nt x 4. A report was presented from the City Manager Legal regarding the bids received for printing and Notices publication of all City legal notices. (547F) n x Mayor Pro Tem Williams made a motion to adopt N o n e Resolution No. 9385, awarding a contract to the X x x x x x Newporter Mesa News for the publication of legal nt x notices and other matters and designating an official newspaper for publication of notices for the fiscal year ending June 30, 1979, and re- scinding Resolution No. 9113, which motion failed. on x Councilman Hummel made a motion to reject all bids x x and call for new bids, which motion failed. . x X x x nt x n x Mayor Ryckoff made a motion to adopt Resolution R -9385 x x x x x No. 9385, awarding a contract to the Newport x Harbor Ensign for the publication of legal notices nt x and other matters and designating an official newspaper for publication of notices for the fiscal year ending June 30, 1979, and rescinding Resolution No. 9113, which motion carried. Volume 32 - Page 156 3. Proposed Ordinance No. 1764, being, D District Map 35 AN ORDINANCE OF THE CITY OF NEWPORT BEACH 0 0 -1764 AMENDING A PORTION OF DISTRICTING MAP NO. 35 ( (2942) TO RECLASSIFY LAND FROM THE UNCLASSIFIED DISTRICT TO THE "P -C" DISTRICT AND AMENDING THE PLANNED COMMUNITY DEVELOPMENT 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). A report was presented from the Community Develop- ment Department regarding Planning Commission Amendment No. 505, a request of The Irvine Company, Newport Beach, to permit the increase in the building site and allowable building area of Office Site C in Koll Center Newport and its conformance with Council Policy S -1. Allan Beek addressed the Council and asked that this item be included in the consideration of Item F -8 regarding the Planning Commission recommenda- tions on traffic analyses prepared for Bayside Square, Westcliff Grove and Bank of Newport. Doug Schnorr of The Irvine Company addressed the Council. n x x O Ordinance No. 1764 was postponed to July 11. x x x x x x x x CITY OF NEWPORT BEACH COUNCILMEN MINUTES 9�' ovy _SV June 26, 1978 ?LL CALL d' INDEX 5. A report was presented from the City Attorney Council regarding an amendment to Council Policy A -4, Policy "Board and Commission Appointments." (430F) "Board Commission Appoint tolln x Council Policy A -4, and - lyes x x x x x x ments," was amended to require nomination of two Lbsent x or more candidates for each board or commission vacancy. lotion x The two -week review period for making appointments dyes x x x x x x and the ten -day period for assuming office pur- �bsent x suant to the City's Conflict of Interest Code were waived for the current appointees for the Planning Commission appointments for this one time only. 6. Mayor Ryckoff stated that the Appointments Com- Planning mittee was ready to present the additional names Comen for consideration to the Planning Commission, if (530F) the Council so desired. It was the consensus of the Council to receive the additional names for consideration and to vote on the Planning Commission appointments at this time. Mayor Ryckoff stated that the Committee's recom- mentations were as follows: Allan Beek and William Morris for the unexpired term of Jacqueline Heather ending June 30, 1979.. • David Shores and Helen McLaughlin for the unex- pired term of Paul L. Hummel ending June 30, 1980. It was further agreed by Council that the method of voting for the nominees would be to assign the green lights to one candidate and the red lights to the other in each instance. For the unexpired term of Jacqueline Heather Beek x x x ending June 30, 1979, the green lights were Morrie x x x assigned to Allan Beek and the red lights to Absent x William Morris, which resulted in a tie vote, and these names will again be considered on July 11. For the unexpired term of Paul L. Hummel ending Shores x x x June 30, 1980, the green lights were assigned to McLaugh -, David Shores and the red lights to Helen .. lin x x x McLaughlin, which resulted in a tie vote, and Absent x these names will again be considered on July 11. The following recommendations of the Appointments Committee to the Boards and Commissions for four - year terms ending June 30, 1982 were received for consideration and appointment on July 11: David Henley and Lou Dunning for the expired term Lib Bd • of Thomas Morgan on the Board of Library Trustees. (330F) Patricia Gibbs and Gloria Shoemaker for the City Arts expired term of Bill Tappan on the City Arts Comsn Commission. (120F Volume 32 - Page 157 COUNCILMEN ROLL CALL CITY OF NEWPORT BEACH June 26, 1078 MINUTES INDEX Madeline Rose and Carol Lynn Smith for the expired City Arts term of Thomas Garver on the City Arts Commission. Comsn (1201 • Michael Mitchell and Alexander Bowie for the Civil Sery expired term of Julian Ertz on the Civil Service Board Board. (357F) Stanford Green and Walter Ziglar for the expired PB &R Conan term of James Wood on the Parks, Beaches and (431F) Recreation Commission. Brenda Ross and Richard Handy for the expired term PB &R Comsn of Brenda Rose on the Parks, Beaches and Recrea- (431F) tion Commission. 7. (District 6) Councilman Hummel's appointment of a Bicycle Motion x member to the Bicycle Trails Citizens Advisory Trails CAC Ayes x x x x x x Committee to fill the unexpired term of Thomas L. (205F) Absent x Schulman ending December 31, 1978 was postponed to July 11. 8. A report was presented from the Community Develop - Bayeide Sq ment Department regarding Planning Commission (2982) recommendations on traffic analyses prepared for Westcliff Bayside Square, Westcliff Grove and Bank of (2589) Newport. Bank of Npi (2173) Motion x Mayor Ryckoff made a motion to postpone action to July 11. • The following people addressed the Council and opposed postponement of the item: Wally Geer for Bayeide Square; Keith Greer of The Irvine Company regarding Westcliff Grove; and Dennis Harwood, representing the Bank of Newport. Allan Beek addressed the Council in support of postponement, and Kam F. Yee asked that the traffic analyses be looked at more carefully. Ayes x x x A vote was taken on Mayor Ryckoff's.motion, which . Noes x x x motion failed. Absent x Motion x Councilman McInnis made a motion to approve the Ayes x x x Planning Commission's findings and recommendations, Noes x x x which motion failed. Absent x CURRENT BUSINESS: 1. Jacqueline Kilbourne's resignation from the City City Arts Motion x Arts Commission was accepted with regret; the City Comsn Ayes x x x x x x Clerk was directed to prepare a Certificate of (120F) Absent x Appreciation; and the Council Appointments. Committee's presentation .of nominees to fill the unexpired term ending June 30, 1979 was postponed to July 11, 1978. Volume 32 - Page 158 )LL CITY OF NEWPORT BEACH COUNCILMEN MINUTES .V GZy c _V Tye' CALL d' June 26, 1978 INDEX Moti Ayes Abse Mot Aye Aba ion x The Final Map of Tract No. 9862 was approved, Ayes x x x x x x incorporating by reference the condition recom- ent x mended by the Planning commission and modifying Condition No. 14 imposed on Tentative Map No. 8725 for the last paragraph to read, "Special attention shall be given to the design and construction of erosion control measures during grading operations, including the utilization of on -site retention of siltation, in so far as possible "; and Resolution R -9387 No. 9387, authorizing the Mayor and City Clerk to execute a subdivision agreement between the City • of Newport Beach and The Irvine Company in connection with Tract No. 9862, was adopted. Volume 32 - Page 159 2. A report was presented from the Community Develop- T Tract 9861 ment Department regarding Final Nap of Tract No. 9861, a request of The Irvine Company, Newport Beach, to approve a final map to subdivide 6.569 acres into fifteen numbered lots for residential development, one numbered lot for open space purposes, and one lettered lot for street purposes. Property is bounded by the existing Spyglass Hill development, the Bren III development, Broadmoor Seaview, San Niguel Drive, and the San Joaquin Reservoir site, known as Harbor Ridge; zoned P -C, Jim Whaley of Irvine Pacific Company, the develop- er, and Donald Simpson of Simpson- Steppat, engineers on Harbor Ridge, addressed the Council in connection with the grades on Harbor Ridge. Allan Beek and Sue Ficker addressed the Council and opposed Tract No. 9861 as proposed. on x x T The Final Map of Tract No. 9861 was approved, x x x x x x x x x x x i incorporating by reference the condition recom- nt x x m mended by the Planning Commission and modifying Condition No. 14 imposed on Tentative Map No. 8725 for the last paragraph to read "Special attention shall be given to the design and construction of erosion control measures during grading operations, including the utilization of on -site retention of siltation, in so far as possible "; and Resolution R R -9386 No. 9386, authorizing the Mayor and City Clerk to • N execute a subdivision agreement between the City of Newport Beach and The Irvine Company in connection with Tract No. 9861, was adopted. 3. A repport was presented from the Community Develop- T Tract 9862 ment Department regarding the Final Map of Tract No. 9862, a request of The Irvine Company, Newport Beach, to approve a final map to subdivide 6.60 acres into seventeen numbered lots for residential development, one numbered lot for open space purposes, and one lettered lot for street purposes. Property is bounded by the existing Spyglass Hill development, the Bren III development, Broadmoor Seaview, San Miguel Drive, and the San Joaquin Reservoir site, known as Harbor Ridge; zoned P -C. CITY OF NEWPORT BEACH COUNCILMEN )LL CALL 9��� psJ' June 26, 1978 Moti Ayes Abse Moti Ayes Abse M000 Ayes Abse Moti Ayes Abse Mots Ayes Noes fe MINUTES iwnp Y 4. A report was presented from the Community Develop- Water ment Department regarding local preference of Quality Areawide Policy Alternatives for Water Quality Control ' Management. (489) Hal Thomas addressed the Council and asked that this be referred to the Environmental Committee. The draft Areawide Policy Alternatives for Water on x Quality Management was referred to the Environ- x x x x x x mental Quality Citizens Advisory Committee for nt x report back to Council on July 24. 5. A report was presented from the Community Develop- Annex 86 ment Department regarding proposed Annexation No. 86, a transfer from the City of Costa Mesa, a request of Welton and Company, Corona del Mar, for the annexation of Tract No. 9291, located north- easterly of Tract No. 7989 (Newport Terrace) on an extension of Sundance Drive. on x Annexation No. 86 was postponed to July. 11. x x x x x x nt x 6. A report was presented from the Public Works CdM Water Department regarding Water Main Construction and Main Constr Replacement in Corona del Mar, 1977 -78, Contract b Repl No. 1957. (2885) The bids of G. R. Frost, Inc. and Johns - Manville on x were rejected as being non- responsive to the x x x x x x "Notice Inviting Bids "; and Resolution No. 9388, R -9388 nt x awarding a contract to Gallacher, Inc., in connection with Water Main Construction and Replacement in Corona del Mar, Contract No. 1957, was adopted. 7. A report was presented from the Public Works Curb .Cut Department regarding the closure of the abandoned Abatements driveway approach at 708 Jasmine Avenue. (687) on x The staff was directed to close up the subject x x x x x x driveway approach. nt x 8. A report was presented from the Public Works Encroachmt Department regarding the request of Warren Lindsay M St adj to construct two brick stairs and an 8- foot -wide 2060 E concrete sidewalk in the end of M Street adjacent Ocean Front to 2060 East Ocean Front. (2996) Warren Lindsay, applicant, addressed the Council. .on x The request to construct two brick stairs and an i x x x x x 8- foot -wide concrete sidewalk in the endl:of' X M Street adjacent to 2060 East Ocean Front was .nt x approved. 9. A report was presented from the Parks, Beaches and Cliff Haven Recreation Commission regarding the naming of the Vw Park view park on Kings Road. (2084) Volume 32 - Page 160 COUNCILMEN J LL CALL d' Motion Ayes Tent Motion Ayes Noes Absent Motion Ayes Noes Absent wson s Absent • CITY OF NEWPORT BEACH MINUTES June 26, 1978 INDEX t/ ;e- I )ns 9 x The name of "Cliff Haven View Park," as recommended x x x x x x by the Parks, Beaches and Recreation Commission, X was confirmed. 10. A report was presented from the Public Works Encroachmn Department regarding the request of Larry Miller Bayside Dr to construct a retaining wall in the alley and adj 400 a driveway in Bayside Drive, both adjacent to 400 Goldenrod Goldenrod Avenue. (2997) Robert Huston, attorney, and George Wiseman, architect for applicant, and Larry Miller, applicant, addressed the Council. x Councilman Hummel made a motion to approve the x x project with access limited to the alley only, X x x x which motion failed. x X The request to construct a retaining wall in the x x x x alley and a driveway in Bayside Drive, both ad- x x jacent to 400 Goldenrod Avenue,was approved. X Dan Emory addressed the Council and asked that the Council vote again on the Planning Commission appoint- ments but use a different method of voting. CONSENT CALENDAR: x The following actions were approved by one motion x x x x x x x affirming the actions on the Consent Calendar: X 1. There were no ordinances for introduction. 2. The following resolutions were adopted: (a) Resolution No. 9389 authorizing the Mayor and Law Enfor City Clerk to execute an agreement between mt Servci the City of Newport Beach and the City of R -9389 Irvine in connection with supplemental law (2213) enforcement services. (A report from the City Attorney) (b) Resolution No. 9390 establishing "No Parking" Parking restrictions from 9:30 a.m. to 12:30 p.m. on Prohibiti Newport Shores streets on certain days in R -9390 connection with the Street Sweeping Program. (440F) (A report from the Public Works Department) (c) Resolution No. 9391 awarding the 1978 -79 Ins Cov public liability insurance coverage. R -9291 (390F) (d) Resolution No. 9392 authorizing the Mayor and City Clerk to execute a Consent to Sale of Marinapar Mobilehome and Trailer Space in Newport R -9392 Marinapark. (Park Scott and Maxwell L.. (209F) Roston) Volume 32 - Page 161 t/ ;e- I )ns 9 CITY OF NEWPORT BEACH COUNCILMEN MINUTES yj G 2Z ROLL CALL �S'� P June 26, 1978 INDEX • (e) Resolution No. 9393 authorizing the closure Street of Seashore Drive on the 4th of July, 1978 Closure pursuant to California Vehicle Code, Section R -9393 21100. (A report from the Police Department) (300) (f) Resolution No. 9394 awarding a contract to Balboa & Smith Electric Supply in connection with Npt Piers Lighting System Replacement on Balboa and Lighting Systi Newport Piers, 1977 -78, Contract No. 2001. R -9394 (A report from the Public Works Department) (2 %62) (g) Resolution No. 9395 awarding a contract to 1978 Seal Ted R. Jenkins in connection with the 1978 Coat Prjct Seal Coat Project, Contract No. 2022. (A R -9395 (2964) report from the Public Works Department) 3. The following communications were referred as indicated: (a) Removed from 'the Consent Calendar. (b) Removed from the Consent Calendar. (c) To staff for reply, a letter from Mariners Mariners Mile Co. and United California Bank requesting Mile Spec purchase by the City of 3,600 sq. ft. of land Area Plan - from Mariners Mile Co. and 1,680 sq. ft. of (2473) land from United California Bank. (Copies mailed to Council) • (d) To staff for report back, a letter from the Skateboards Balboa Island Improvement Association regard- (2330) ing hazardous conditions caused by skateboards and roller skates. (Copies mailed to Council) (e) To staff for inclusion in on -going study, a Budget letter from Bruce D. and Ashley A. Carlson (2934) regarding budget cuts. (Copies mailed to Council) (f) To staff for inclusion in on -going study, a Budget letter from J. R. MacDonald regarding budget (2934) cuts. (Copies mailed to Council) (g) To Pending Legislation and Procedural Ethics Moral Public Committee, a letter from James J. Clancy, Nuisance Law Decency in the Environment Today, regarding (2924) support for Initiative Legislation known as "Abatement of Moral Public Nuisance Law." (Copies mailed to Council) (h) To City representative to Orange County League Calif . Division of the League of California Cities, Cities Cmtes a notice regarding recommendations for a (2527) vacancy on the Human Relations Committee. (Copies mailed to Council) (i) To City representative to the Orange County League Calif. Division of the League of California Cities, Cities a notice from the League stating that the (2529) amendment of State legislation to place responsibility for school crossing guards with the schools will be voted on at the League meeting of August 10. (Copies mailed to Council) Volume 32 - Page 162 COUNCILMEN 3 o y G 2 s� s :JLL CALL • • • CITY OF NEWPORT BEACH MINUTES June 26 1978 INDEX (j) To staff for reply, a letter from Senator Budget Milton Marks of California Legislature Senate (2934) Committee on Local Government requesting information as to what programs and services will be cut back in relation to Proposition 13. (Copies mailed to Council) (k) To Pending Legislation and Procedural Ethics Gambling Committee, a letter from Mayor of the City of (490) Adelanto regarding legalization of gambling to offset financial loss as caused by the passage of Proposition 13. (Copies mailed to Council) 4. The following communications were referred to the City Clerk for filing and inclusion in the records: (a) A letter to Mayor Ryckoff from Daniel S. Connelly regarding budget cuts. (Copies (2934) mailed to Council) (b) A letter to Mayor Ryckoff from Mayor John Seymour of the City of Anaheim regarding a proposed lawsuit against the Fair Political Practices Commission concerning the Commis- sion's opinion on complimentary tickets and (1208) passes. (Attached) (c) A letter from Newport -Irvine Waste - Management Planning Agency (NIWA) regarding protection of Newport Bay from erosion caused by sub- division developments that are tributary to (355) Upper Newport Bay. (Copies mailed to Council) (d) A report from the Orange Coast College regarding expenditure of National Science Foundation grant monies. (Copies mailed to (355) Council) (e) A resolution of the City of Costa Mesa requesting that the State Department of Transportation fulfill the transportation and safety needs along Route 55 (Freeway) through. the City of Costa Mesa. (Copies mailed to (1429) Council) (£) A resolution of the City of Costa Mesa urging adoption of State Legislation which places responsibility for crossing guards with (1429) school districts. (g) A resolution of the City of Palm Desert announcing its opposition to the housing distribution proposals of the Southern California Association of Governments. (447F) (h) A resolution of the Board of Supervisors of Orange County declaring.Hamilton- Victoria Avenue at the Santa Ana River, Jamboree Road at San Diego Creek, and Barranca Road at Peters Canyon Wash are no longer county (20) highways. (Copies mailed to Council) Volume 32 - Page 163 COUNCILMEN y ROLL CALL CITY OF NEWPORT BEACH June 26, 1978 MINUTES fore the Public Utilities plication of Air Cali - ts Intrastate passenger a Certificate of Service aring before the Public of the application of crease its Intrastate ther with a Certificate s of record. fore the Public Utilities plication of Southern mpany to modify its nt Clause to Cost Adjustment Billing f the Public Utilities an error in time in be filed in the appli- ervice, Incorporated htseeing Company for rates, filed February.21, if the Public Utilities mg increased fares in ort Services, Inc. and :eing Company. of Supervisors meeting.of 21, 1978. denied and the City Lneurance carrier was I Claudia Baltzer for loss r and damage to their ayside Drive, Corona del auary 28 which was alleged• sate flood control. >rdone for property damage xen it was hit by a i vehicle at Newport Street on June 11, 1978. ances Ellet for personal sustained when a bleacher B" Street Park on April 2, d Violet Lucas for loss of ue to the flooding of thei ayside Drive, Corona del bruary 28, 1978. - Page 164 (20) (20) (20) (20) (20) (20) Claims Baltzer (2936) Cordone (2980) Ellet (2988) Lucas (2991) (i) Notice of Hearing be Commission of the ap fornia to increase i • fares together with to parties of record (j) Amended Notice of He Utilities Commission Air California to in passenger fares toge of Service to partie (k) Notice of Hearing be Commission of the ap California Edison Cc Energy Cost Adjustme increase. its Energy Factor. (1) Notice of Decision c Commission regarding which tariffs are tc cations of Airport and Orange Coast Sit authority to adjust 1978. (m) Notice of Decision < Commission authorizi Applications of Airy • Orange Coast Sights( (n) Agenda of the Board June 13, 14, 20 and 5. The following claims were Clerk's referral to the confirmed: (a) Claim of Leonard am of personal propert; residence at 2233 B Mar, on or about Ja ly caused by inadeq (b) Claim.of S. Frank G to his automobile w Newport Beach polic Boulevard and 33rd (c) Claim of Cynthia Fr injuries allegedly bench gave way at " 1978. (d) Claim of Stephen an personal property 2 residence at 2307 F • Mar, on or about Fe Volume 32 MINUTES fore the Public Utilities plication of Air Cali - ts Intrastate passenger a Certificate of Service aring before the Public of the application of crease its Intrastate ther with a Certificate s of record. fore the Public Utilities plication of Southern mpany to modify its nt Clause to Cost Adjustment Billing f the Public Utilities an error in time in be filed in the appli- ervice, Incorporated htseeing Company for rates, filed February.21, if the Public Utilities mg increased fares in ort Services, Inc. and :eing Company. of Supervisors meeting.of 21, 1978. denied and the City Lneurance carrier was I Claudia Baltzer for loss r and damage to their ayside Drive, Corona del auary 28 which was alleged• sate flood control. >rdone for property damage xen it was hit by a i vehicle at Newport Street on June 11, 1978. ances Ellet for personal sustained when a bleacher B" Street Park on April 2, d Violet Lucas for loss of ue to the flooding of thei ayside Drive, Corona del bruary 28, 1978. - Page 164 (20) (20) (20) (20) (20) (20) Claims Baltzer (2936) Cordone (2980) Ellet (2988) Lucas (2991) '7L L COUNCILMEN CALL CITY OF NEWPORT BEACH June 26, 1978 MINUTES uunFY 6. The City Clerk's referral of the following Claims Summons and Complaint to the insurance carrier . was confirmed: (a) Summons and Complaint of Darush Farshid Farshid for damage, Case No. 31558 in the Orange (2838) County Municipal Court. The original claim was for property damage on April 28, 1978. (b) Summons and Complaint of Frank D. Guertin Guertin for personal injury, Case No. 29 -20 -80 in (2887) the Orange County Superior Court. The original claim was for personal injuries on November 17, 1977. (c) Summons and Complaint of Michael S. Johnson, Johnson Judith Johnson, as guardian ad litem for (2813) Jeffrey Johnson, a minor, for deprivation of civil rights; assault by Police Officers under the color of the law, Case No. 78 -1514 in the United States District Court, Central District of California. The original claim was for money for damages for False Arrest, False Imprisonment, Assault & Battery & Emotional Distress on October 21, 1977. (d) Summons and Complaint of John S. Lindsey for Lindsey damages allegedly caused by false represents- (2994) tions made by a City employee, Case No: 29 -13 -54 in the Orange County Superior Court. An original claim was never filed. (e) Summons and Complaint of Alvin Salvati for Salvati personal injury and damages, Case No. 29 -19 -51 (2896) in the Orange County Superior Court. The original claim was for personal injuries on December 7, 1977. (f) Summons and Complaint of Robert Duane Hess Hess for personal injuries and property damage, (2857) Case No. 28 -79 -42 in the Orange County Superior Court. The original claim was for personal injuries and property damage as a result of an automobile accident allegedly caused by wet road conditions on Newport Center Drive. 7. There was no request to fill personnel vacancies. 8. There were no staff reports. 9. The following was set for public hearing on July 11, 1978: (a) Planning Commission Amendment No. 510, a Newport Place request of Emkay Development and Realty Planned Company, Newport Beach, to amend the P -C Development Plan for Newport Place to increase Community (1275) the allowable number of stories in the professional and business office sites in the Volume 32 - Page 165 .L CITY OF NEWPORT BEACH COUNCILMEN MINUTES �GS Oi 2 Z0" 0 CL > ST s 9 June 26. 1978 INDFY planned community. Property is bounded by MacArthur Boulevard, Jamboree Road, Bristol Street North, and Birch Street; zoned P -C. . (A report from the Community Development Department) 10. The public improvements constructed in conjunction Tract 8787 with Tract No. 8787, located on the southerly side of Ford Road easterly of San Miguel Drive (portion of the Harbor View Hills Planned Community) were accepted; 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 plans and specifications for Ensign View Park, Ensign Phase II, Contract No. 2015, were approved; and Vw Park the City Clerk was authorized to advertise for (1294) bids to be opened at 2:30 p.m. on August 2, 1978. (A report from the Public Works Department) 12. The Public Works Director was authorized to BI substitute subcontractors on the Balboa Island Coping Bulkhead Coping Repair, Contract No. 1860. (A Repair report from the Public Works Department) (2870) 13. The following budget amendments were approved: BA -100, $1,000.00 increase in Budget Appropria- tions and increase in Revenue Estimates for purchase of periodical displayer, record browser, library deck and book carrousel with a donation from the Friends of the Library from Unappropria- ted Surplus and Donations and Contributions to Libraries, Furniture and Fixtures, Library Fund. BA -101, $3,500.00 transfer of Budget Appropria- tions for the replacement of existing lighting system on Balboa and Newport Piers from Beach Stabilization Program and Unappropriated Contin- gency Reserve, General Fund. BA -102, $9,000.00 transfer of Budget Appropria- tions for replacement of hoist in the Equipment Maintenance Shop from Unappropriated Contingency Reserve to General Services - Equipment Maintenance, Shop Equipment, General Fund. (A report from the City Manager) ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter from Kam F. Yee protesting the granting Bank of of Use Permit No. 1857 to the Bank of Newport was Newport presented. UP 1857 (2993) The following people addressed the Council and protested the granting of the Use Permit and /or asked that a hearing be rescheduled on this: Barry Allen, Kam F. Yee and Debra Allen, who stated she Volume 32 - Page 166 CITY OF NEWPORT BEACH COUNCILMEN yG F J+ ROLL CALL 3S yes June 26. 1978 Motion Ayes Noes Absent Motion Ayes Noes Absent Motion Ayes Absent M ti on nt Motion Ayes Absent Motion Ayes Absent MINUTES S INDEX Beacon Bay Lease (492) NIWA (355) Gilita Appeal (2994) SCAG (447F) was speaking in behalf of the Harbor View Hills Homeowners Association. Dennis Harwood, attorney representing the Bank of Newport, addressed the Council and stated that the Bank would be willing to bear the full one -third of the cost of the traffic signal at Avocado which had been a condition of the Tentative Map. x Councilman Hummel made a motion to reset for X x public hearing the matters to which citizens x x x x apparently have not been able to adequately x respond, which motion failed. x Mr. Yee's letter was referred to staff for reply. x x x x x X X 2. A letter from Richard Stevens regarding the Beacon X Bay lease and property development was referred to • x x x x x the City Clerk for filing and inclusion in the X records. ADDITIONAL BUSINESS: x 1. The Mayor's appointment of Mayor Pro Tem Williams • x x x x x as Council's representative to NIWA and of Council - x man Hummel as alternate was confirmed. 2. Use Permit No. 1871,the request of Gilita, Inc. to construct a three story, single - family dwelling that exceeds the basic height limit within the 24/28 Foot Height Limiation District; located x on the southerly side of Seashore Drive between • x x x x x Colton Street and Lugonia Street in West Newport; x zoned R -2 was set for public hearing on July 11. x 3. The Mayor was authorized to send a letter to SCAG X x x x x x regarding the alternative growth forecast policies x prepared by SCAG as part of the Regional Develop- went Guide. Mayor Ryckoff adjourned the meeting in memory of Marvin George at 1:15 a.m., June 27, 1978 to 7:30 p.m., July 11, 1978. Mayor ATTEST: W �R City Clerl A mss-' I Volume 32 - Page 167 i S INDEX Beacon Bay Lease (492) NIWA (355) Gilita Appeal (2994) SCAG (447F)