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HomeMy WebLinkAbout07/24/1978 - Regular MeetingCITY OF NEWPORT BEACH COUNCILMEN 1�ti�s�G�2 Regular Council Meeting Place: Council Chambers Time: 7:30 P.M. ROLL_ CALF \\�J'� \� s Date: July 24, 1978 MINUTES NOEX lent ent x x x x x x Roll Call. x Motion x The reading of the Minutes of the Adjourned Council Ayes x x x x x x Meeting of July 11, 1978 was waived, and said Minutes Absent x were approved as written and ordered filed. Motion I x The reading in full of all ordinances and resolutions Ayes xxx x x x x under consideration was waived, and the City Clerk was Absent x ordered to read by titles only. There were no public hearings. There were no ordinances for second reading and adoption. CONTINUED BUSINESS: 1. A report was presented from the Community Develop- Water ment Department with its recommendation regarding Quality local preference of Areawide Policy Alternatives Control for Water Quality Management. (489) Motion x The Mayor was authorized to send a letter to SCAG Ayes x x x x x x indicating the City's preferences as set forth in Absent x the draft as amended on Areawide Policy Alterna- tives for Water Quality Management. 2. A report was presented from the Community Annex 8E Development Department regarding proposed Annexation No. 86 - Transfer from the City of Costa Mesa, a request of Welton and Company for the annexation of Tract No. 9291, located north- easterly of Tract No. 7989 (Newport Terrace) on an extension of Sundance Drive. Motion x The proposed annexation was postponed to Ayes x x x x x x August 28. Absent x 3. A report was presented from the Community Traffic Development Department regarding "Procedures and Phasing Traffic Analysis for Implementation of the Traffic (3006) Phasing Ordinance." Gordon Jones, representing The Irvine Company, addressed the Council and asked for clarification of certain terms that were used in the ordinance. The following people addressed the Council in opposition to the deletion of the 2;1 hour peak period which is designated in the ordinance: Jean Watt, representing L.E.A.F., who requested more time to consider the deletion, and Dan Emory. Motion x Resolution No. 9403, establishing a fee for R -9403 Ames x x x x x traffic analysis pursuant to Section 15.40.060 of s x the Newport Beach Municipal Code, was adopted. sent x Volume 32 - Page 182 f r s CITY OF NEWPORT BEACH COUNCILMEN MINUTES %G S '�i 1�c 1FS•� �C+ � 'yo�ti s. ROLL CALL\ �� July 24. 1978 stunt =r tion � x Consideration of the proposed administrative Yes x x x x procedures entitled "Procedures and Traffic Noes x x Analysis for Implementation of the new Traffic Absent x Phasing Ordinance" was postponed to August 14. 4. A report was presented from the Community Develop- Newport meat Department concerning a draft of the County Dunes resolution governing processing of development (46) plans for Newport Dunes. Motion x The Mayor was authorized to send a response to Ayes x x x x x x the County of Orange and Office of Planning and Absent x Research as prepared by the staff. 5. A report dated July 11 was presented from the Inter -City City Manager regarding the Inter -City Relations Relations Committee. Cttite $5660 Motion x Resolution No. 9404, establishing additional R -9404 Ayes x x x x x x duties and responsibilities of the Inter -City Absent x Relations Committee, was adopted. 6. A report was presented from the Marine Department Artificial regarding a request by the State of California Reef /Tidelands Department of Fish and Game to create an (67) artificial rock reef. Sue Picker addressed the Council regarding the • possibility of the reef being a danger to ships. Motion x The request to create an artificial rock reef Ayes x x x x was approved subject to the following conditions Noes x x of approval: Absent x a) The Department of Fish and Game notify the City ten days prior to the beginning of installation. b) The Department of Fish and Game notify the City prior to any future repairs or main- tenance of the reef. c) The Department of Fish and Game appraise the City of any monitoring of the reef or reports on the success or failure of the reef. d) The Department of Fish and Game hold harmless from any claims arising as a result of the installation of the artificial reef. % (District 6) Councilman Hummel's appointment of a Bicycle Motion x member to the Bicycle Trails Citizens Advisory Trails Ayes x x x �X X 3s Committee to fill the unexpired term of Thomas L. CAC Absent x Schulman ending December 31, 1978 was postponed (205F) to August 14, 1978. • 8. A report was presented from the Public Works Marinapark Department regarding construction of Marinapark Shelter Shelter Facility, Contract No. 2010. (209) Volume 32 - Page 183 COUNCILMEN ROLL CALL� i CITY OF NEWPORT BEACH T.Ou 74. 1978 MINUTES INDEX • Bobbie Lovell, representing the Central Newport Beach Community Association, addressed the Council in support of the construction of a shelter facility in Marinapark. Motion x Councilman Heather made a motion to reject the bid received and to direct the staff to modify the plans and to move ahead with negotiations with the State for the funding of a restroom facility. Councilman McInnis asked that the motion include the direction to the staff to bring back under any conditions, an alternate bid, during the October time frame, that would include restroom facilites in the Marinapark Shelter Facility or immediately adjacent thereto, which was accepted by the maker of the motion. Ayes x x x x x x A vote was taken on Councilman Heather's motion, Absent x which motion carried. 9. A report was presented from the Traffic Affairs Skatebo Committee concerning skateboards and roller (2330) skates on Balboa Island. The following people addressed the Council . opposing the use of skateboards on Balboa Island: George Woods, representing the Balboa Island Improvement Association, Sue Ficker and Walter Ziglar. Stephen Kaeser, owner of the Balboa Skate Company, addressed the Council in defense of roller skates. John Shea addressed the Council and stated that roller skates are becoming a problem in the McFadden Square area. Motion x The report for implementation of enforcement of Ayes x x x x x x roller skates and skateboards was accepted and Absent x ordered filed. CURRENT BUSINESS: 1. A report was presented from the Community Deane Development Department regarding the proposed Propert apartment development on the Deane property (3016) located on the northerly side of University Drive, easterly of Irvine Avenue, adjacent to the Orange County YMCA. Jim Deane, one of the two owners of the property, • addressed the council asking for a determination on the use of the property. Dan Emory addressed the Council regarding the problems in connection with the development of the property. Volume 32 — Page 184 ards CITY OF NEWPORT BEACH COUNCILMEN MINUTES tG ROLL CAL July 24, 1978 ninr r ion x Councilman Hart made a motion to direct the staff to work with the applicant to develop an alternate use for the site. Community Development Director Richard Hogan gave a brief staff report regarding the problems presented by the undetermined future of University Drive. Ayes x x x x x x A vote was taken on Councilman Hart's motion, Absent x which motion carried. 2. A report was presented from the City Manager Council regarding the placement of the Consent Calendar Policy on the Agenda in relation to the other orders of (430F) business. Motion. x The amendment to Council Policy A -10, "Procedural Ayes x x x x x x Rules for the Conduct of City Council Meetings" Absent x was approved on a trial basis of 90 days. 3. A letter from the Resolution Committee, Orange OrCo Div County Division, League of California Cities League regarding resolutions of the Orange County Calif Cities Division to be voted on at the next meeting on (2529) August 10, 1978 was presented. ion x The City's representative to the Orange County a x x x x x x Division was instructed to take the following Absent x positions on the resolutions: (a) Support the resolution urging the State League of California Cities to initiate and /or support legislation controlling the registration and use of Mopeds. (b) Support the resolution requesting the National League of Cities to make a change in its voting policy. (c) Oppose the resolution opposing the policy of the Southern California Association of Governments to use its goals and objectives in an attempt to control local land use planning. (d) Support the resolution requesting that the SCAG executive committee provide a 60 -day comment period and information workshops for SCAG publications impact in local government. (e) Support the resolution urging legislative amendments revising the method of cancelling voters' affidavits of registration. • (f) Oppose or have the delegate vote his con- science the resolution recommending an amendment to the League of California Cities bylaws pertaining to voting rights - Article V, Voting. Volume 32 - Page 185 CITY OF NEWPORT BEACH COUNCILMEN MINUTES p y9G 22 C 9�i T min �� ROLL CALL July 24, 1978 INDEX • (g) Support the resolution urging the State to provide financial reimbursement to coastal cities for expenses incurred in providing recreation and parking facilities and services in coast cities for those residing outside these cities. CONSENT CALENDAR: Motion x The following actions were approved by one motion Ayes x x .x x x x affirming the actions on the Consent Calendar: Absent x 1. The following ordinances were introduced: Set for public hearing on August 14, 1978: (a) Proposed Ordinance No. 1772, being, AN District ORDINANCE OF THE CITY OF NEWPORT BEACH Map 11 AMENDING A PORTION OF DISTRICTING MAP NO. 11 0 -1772 TO RECLASSIFY FROM THE C -1 DISTRICT TO THE (1010) R -2 DISTRICT CERTAIN PROPERTY LOCATED ON THE NORTH SIDE OF BALBOA BOULEVARD BETWEEN CORONADO STREET AND CYPRESS AVENUE ;(AMENDMENT NO. 511), Planning Commission Amendment No. 511, a request initiated by the City of Newport Beach, to amend a portion of Districting Nap No. 11 from the C -1 District to the R -2 District on property located at 300 -328 East Balboa Boulevard and 203 -205 Cypress Avenue, on the north- erly side of East Balboa Boulevard between Coronado Street and Cypress Avenue, on the Balboa Peninsula. (A report from the Community Development Department) (b) Removed from the Consent Calendar. 2. The following resolutions were adopted: (a) Resolution No. 9405 approving the parcel Resub 579 map for Resubdivision No. 579, accepting R -9405 the dedication of a portion of MacArthur (3017) Boulevard and Campus.Drive, easements for public utility, bicycle trail and /or pedestrial walkway purposes, and release and relinquishment of all vehicular access rights to MacArthur Boulevard and Campus Drive except for two private drives on Campus Drive. (A report from the Public Works Department) (b) Resolution No. 9406 authorizing the Mayor Resub 579 and City Clerk to execute a subdivision R -9406 agreement between the City of Newport Beach (3017) and The Irvine Company in connection with Resubdivision No. 579. • (c) Removed from the Consent Calendar. Volume 32 - Page 186 CITY OF NEWPORT BEACH COUNCILMEN MINUTES ROLL C Julv 24. 1978 -" IIV UClC • (d) Resolution No. 9407 authorizing the Mayor Marinaparl and City Clerk to execute a Consent to Sale R -9407 of Mobilehome and Trailer Space in Newport (209) Marinapark (Pichel -Moss) 3. The following communications were referred as indicated: (a) To staff for reply, a letter from South Coast Air Quality Management District regarding the preparation and implementation of an Air Quality Management Plan being prepared by SCAG and SCAQMD as required under the Federal Clean Air Act and State law. (Copies mailed to Council) (2526) (b) To staff for reply, a letter from the State Department of Transportation regarding its report to the Legislature regarding highway, freeway and expressway routes as required by Section 256 of the Streets and (569) Highways Code. (Copies mailed to Council) (c) To the City Attorney for appropriate action, a notice of a public hearing to be held in Santa Ana on August 16 for the presentation for approval of the Final Environmental Impact Report for Orange • County Airport Alternative Futures to enable long range planning for the Airport. (195) (Copies mailed to Council) (d) To staff for inclusion in ongoing study, letters from Margot Skilling opposing and from George Thomas supporting the proposed once -a -week trash pickup. (Copies mailed (273) to Council) (e) To staff for reply, a letter from Mary Alice LeFebre protesting the lack of enforce- ment in connection with fireworks and (600) bicycles. (Copies mailed to Council) (f) To staff for report back, a.letter from Spiller Development Company requesting water service outside the City in the County unincorporated area at the southwest corner of Mesa Drive and Irvine Avenue. (576) (Copies mailed to Council) (g) To staff for reply, a letter from R. M. Wolff regarding the traffic situation in Newport Beach. (Copies mailed to Council) (1154F) (h) To Pending Legislation and Procedural Ethics Committee, a resolution of the City of Burbank protesting the amount of member- • ship assessment for membership in the Southern California Association of Government (447F) (Copies mailed to Council) Volume 32 - Page 187 CITY OF NEWPORT BEACH COUNCILMEN MINUTES \L<\* ROLL CAL �s .p�� July 24, 1978 ininav • (i) To staff for reply, a letter from Harold G. Polley, Cdr. USN Ret. regarding the closing of Seashore Drive over the 4th of July and protesting the lack of enforcement of parking regulations. (Copies mailed to (300) Council) (j) To staff for report back, a letter from Andy Blanton in behalf of his stepfather, Jay Becker, appealing the revocation of Mr. Becker's pier permit (Mooring B -52). (304F) (Attached) 4. The following communications were referred to the City Clerk for filing and inclusion in the records: (a) A letter from Bud Porter expressing his appreciation for his association with the City as its legislative advocate for the (1481) past few years. (Attached) (b) A letter from Madeline Rose expressing her appreciation for her appointment to the City Arts Commission. (Copies mailed to (120F) Council) • (c) A letter from the Newport Harbor Area Chamber of Commerce opposing Ordinance No. 1765 (traffic phasing). (Copies mailed to (3006) Council) (d) A letter from Maureen Fassbaugh regarding her employment with the City. (Copies mailed to Council) (20) (e) A copy of a letter to Police Chief Gross from Dick Clucas expressing appreciation for the efforts of Captain McDaniel and the entire force over the 4th of July weekend. (300) (Copies mailed to Council) (f) The 1977 -78 Grand Jury Report. (On file in the City Clerk's office) (50) (g) Public Utilities Commission: (1) Notice of temporary removal from calendar of application of Southern California Edison Company for authority to modify its Energy Cost Adjustment Clause to increase its Energy Cost Adjustment Billing Factor. (20) (2) Application of Goodtime Tours and Company for a certificate of public convenience and necessity to offer a one -half day sightseeing tour between • Buena Park, Anaheim, Ca. on one hand and Newport Beach and Laguna Beach, Ca., on the other. (20) Volume 32 - Page 188 CITY OF NEWPORT BEACH COUNCILMEN MINUTES tiG y i �� �`�\yv622� 93 T s� s ROLL CALL, d' \� July 24, 1978 INhFX • (3) Application of Air California to increase its intrastate passenger (20) fares. (4) Removed from the Consent Calendar. (h) Agenda of the Board of Supervisors meetings of July 11, 12, 18 and 19, 1978. (20) (i) A letter from Mr. and Mrs. E. P. Benson regarding the City's "traffic- phasing -no- growth Policy" and enclosing a clipping from the Los Angeles Times of July 16 referring to a Supreme Court ruling. (3006) (Copies mailed to Council) 5. The following claims were denied and the City Clerk's referral to the insurance carrier was Claims confirmed: (a) Claim of Steve Slender for damages to his Slender car which was allegedly struck by a City (3007) vehicle while parked at 4001 West Coast Highway on June 25, 1978. (b) Claim of Mark Hurwitz for confiscation of Hurwitz his car by the Newport Beach Police on (3008) April 21, 1978 as a possible stolen vehicle. • (c) Claim of John S. Lindsey alleging false Lindsey representation by a City employee at (2992) Newport Beach City Hall and aboard the S. S. Catalina from April 15 theough May 7, 1978. (d) Claim of John Belasco for reimbursement for Belasco towing charges and loss of work hours (3009) resulting when the Police Department impounded his car on May 23, 1978, allegedly in error. (e) Claim of James Joseph McGowan for personal McGowan injuries allegedly sustained in the booking (3010) area of the Newport Beach Police Station in connection with his arrest on April 16, 1978. (f) Claim of Pacific Telephone for damages on Pac Tel June 14, 1978 to its 25 pair buried cable (3011) at the end of Breakers Drive at the Corona del Mar State Beach, allegedly severed by a backhoe operated by City employees while attempting to locate a water line. (g) Claim of Pacific Telephone for damages on Pac Tel June 14, 1978 to its 50 pair buried cable (3012) • at the end of Breakers Drive at the Corona del Mar State Beach, allegedly severed by a backhoe operated by City employees while attempting to locate a water line. Volume 32 - Page 189 CITY OF NEWPORT BEACH COUNCILMEN MINUTES ROLL CALL 3�� 9 July 24. 1978 INnrx • (h) Claim of Frank Arciero for personal injuries Arciero allegedly sustained in connection with his (3013) arrest on April 25, 1978. I (i) Claim of Stephen Tracy Irwin for damages to Irwin his vehicle on May 22, 1978 at the rear of (3014) 2116 W. Ocean Front, allegedly caused when it was involved in a collision with a City vehicle. 6. The City Clerk's referral of the following Summons and Complaint to the insurance carrier was confirmed: (a) Summons and Complaint of Joan DeLeon II for DeLeon personal injury and property damage, Case (2855) No. 29 -34 -61 in the Orange County Superior Court. The original claim was for personal injuries and property damages sustained in an automobile accident. 7. The following request to fill personnel vacancies was approved: (A report from the City Manager) (1203F) (a) Four Police Officer positions in the Police Department to fill four positions now vacant. • (b) One Emergency Equipment Dispatcher in the Police Department to fill a position now vacant. (c) One Utilities Construction Specialist position in the Public Works Department to fill a position to be vacant. 8. The following staff reports were received and ordered filed: (a) A report from the City Attorney regarding Public personal liability of public officials. Officials (Attached) (3018) (b) A report from the Board of Library Trustees regarding the officers for the year 1978 -79, Board of as follows: Spencer Covert, Jr., Chairman; Library Zada Taylor, Vice Chairman and Dr. David Trustees Henley, Secretary. (330F) 9. The following was set for public hearing on August 14, 1978: (a) General Plan Amendment No. 78 -1 - Public General hearing to consider proposed amendment to Plan the Newport Beach General Plan and acceptance Amendments of a Negative Declaration, as recommended (673) • by the Planning Commission, as follows: (A report from the Community Development Department) 78 -1 -B: A proposed amendment to the Land Use and Residential Growth Elements to Volume 32 - Page 190 CITY OF NEWPORT REACH COUNCILMEN MINUTES y� y �q� 'r 9%0� 'OLL CALL �s \� July 24, 1978 INDEX • designate a 2.3 acre parcel, adjacent to the Newport Terrace development (former City dump site) and currently in the City of Costa Mesa, for "Medium - Density Residential" in connection with prezoning and annexation of the subject property to the City of Newport Beach. 78 -1 -C: Proposed amendment to the Land Use, Residential Growth and Circulation Elements as follows: 1) Revise text of the Land Use and Residential Growth Elements to prohibit resubdivisions in the Cliff Haven area which would result in lots smaller than the average or typical lot in that area. 2) Amend the Master Plan of Streets and Highways to incorporate housekeeping revisions pertaining to Coast Highway, Superior Avenue, . and Balboa Boulevard in the West Newport area. • (b) Removed from the Consent Calendar. (c) Removed from the Consent Calendar. 10. The reappointment of Harry G. Bubb as the City's OrCo Health delegate to the Orange County Health Planning Ping Cncl Council Assembly of Delegates and the'teappointment (1830) of Bill Cunningham as the alternate delegate was confirmed. (A letter from the Orange County Health Planning Council) 11. The following maintenance dredging harbor permits Harbor were approved subject to the conditions of Permits approval listed in the general permit issued to (304F) the City by the Corps of Engineers; #124 -3300, Lido Sailing Club, 3300 Via Lido; #109 -1501, Mabel Brown, 1501 E. Bay Avenue; and #105 -2209, Polly Royce, 2209 Bayside Drive. (A report from the Marine Department) 12. The following budget amendments were approved: (18F) BA -3, $1,140.00 transfer of Budget Appropriations for six magnetic discs to replace the Magnetic Tape Drive which was eliminated as a result of Proposition #13, from Unappropriated Surplus to Data Processing, Office Equipment, General Fund. BA -4, $16,870.00 increase in Budget Appropriations for completion of Balboa Island Bulkhead Coping • Repair, from Unappropriated Surplus to Reconstruct Copings Grand Canal, General Fund. (A report from the Public Works Department) Volume 32 - Page 191 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 4i i 1p y� G Z�J+ ROLL CALL 9�sJ' yss July 24, 1978 INDEX • ITEMS REMOVED FROM THE CONSENT CALENDAR: i 1. The Application of Pacific Telephone and Telegraph Pac Tel Company for authority to split the present (20) Yellow Pages sections into five Yellow Pages directories was presented. Motion x The staff was directed to contact the telephone Ayes x x x x x x company and bring back a report to Council on Absent x what their intent is and the reason for it. 2. A report was presented from the City Manager LNG regarding a proposed resolution opposing the (2945) selection of Camp Pendleton as a liquified natural gas terminal site and recommending selection of Point Conception as a preferred site. Dr. Gary Evans, a faculty member of University of California, Irvine, addressed the Council opposing the site of Point Conception for a LNG terminal. Motion x The report and the proposed resolution were Ayes x x x x x x ordered filed. Absent x 3. The following ordinance was introduced and Motion x passed to second reading on August 14, 1978: s x x x , x x x sent x Proposed Ordinance No. 1773, being, AN Uniform ORDINANCE OF THE CITY OF NEWPORT BEACH Bldg Code/ AMENDING CHAPTER 15.04 OF THE NEWPORT BEACH Grading Code MUNICIPAL CODE TO ADOPT THE UNIFORM BUILDING 0 -1773 CODE, 1976 EDITION, INCLUDING CHAPTER 70, (406) GRADING CODE. Motion x 4. Set for public hearing on August 28, 1978: Ayes x x x x x Abstain x (a) Use Permit No. 1730 (Amended), a request of UP 1730 Absent x Holstein Industries to permit the construction (2155) of seven attached single - family dwellings with related parking and landscape areas, and the acceptance of an environmental document on property located at 2122 Vista Entrada, westerly of Vista del Oro and easterly of Vista Entrada in "The Bluffs "; zoned R -4 -B -2 P.R.D. (A report from the Community Development Department) AND Tentative Map of Tract No. 8682 (Amended), Tract 8682 a request of Holstein Industries to subdivide 1.65 acres into seven numbered lots for attached single - family residential development and one numbered lot to be developed as a landscape area, private driveways and guest • parking spaces on property located at 2122 Vista Entrada, westerly of Vista del Oro and easterly of Vista Entrada in "The I Bluffs'; zoned R -4 -B -2 P.R.D. Volume 32 -.Page 192 CITY OF NEWPORT BEACH COUNCILMEN MINUTES C 9G 22 ROLL CA s July 24, 1978 INDEX • (b) Use Permit No. 1731 (Amended), a request of Holstein Industries to permit the construc- t tion of seven attached single - family dwellings with related parking and landscape areas, and the acceptance of an environmental document on property located at 1976 Vista Caudal, southwesterly of Vista del Oro and northeast- erly of Vista Caudal in "The Bluffs "; zoned R -4 -B -2 P.R.D. (A report from the Community Development Department) AND Tentative Map of Tract No. 8681 (Amended), a request of Holstein Industries to subdivide 1.75 acres into seven numbered lots for attached single - family residential develop- ment and one numbered lot to be developed as a landscape area, private driveways and guest parking spaces on property located at 1976 Visa Caudal, southwesterly of Vista del Oro and northeasterly of Vista Caudal in "The Bluff "; zoned R -4 -B -2 P.R.D. ADDITIONAL BUSINESS: 1. A request for a permit for live entertainment on Special August 12 by Mitchell Massey, at 1331 Hampshire Event Circle, Newport Beach.was presented. (1654F) Motion x The request was approved subject to the conditions Ayes x x x x x x that the time would be limited from 8:30 p.m. to Absent x 11:30 p.m. as it was understood by the neighbors who had given their consent to the party and that it would be by invitation only. Mayor Pro Tem Williams declared the meeting adjourned at 11:25 p.m. Mayor Pro Tem ATTEST: .� /2yJ2 Ur city Cl Volume 32 - Page 193