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HomeMy WebLinkAbout01/08/1979 - Regular MeetingCITY OF NEWPORT REACH COUNCILMEN tiG ��1F �P x MINUTES 9 c� �3P 9.�9GL2 Regular Council Meeting OTy� Place: Council Chambers 6.'A 9 S �� d' Time: 7:30 P.M. ROLL CAL d'� , Date: January 8, 1979 IrunFY resent x x x x x x A. Roll Call. osent x B. The reading of the Minutes of the Regular Meeting of December 11 and of the Adjourned Meeting of Motion x December 20, 1978 was waived, and the Minutes All Ayes were approved as written and ordered filed. C. The reading in full of all ordinances and Motion x resolutions under consideration was waived, and All Ayes the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Ryckoff opened the continued public hearing Tract 9676 regarding 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 Sea Island project, and the acceptance of an environmental document on property located at 1100 Jamboree Road, across Jamboree Road from the Newporter Inn; zoned P -C. A report was presented from the Community Develop- ment Department. •. The following people addressed the Council in favor of the development: Bob McLain of McLain Development and Forest Smith of Irvine Coast Country Club. Motion x The hearing was closed after it was determined All Ayes that no one else desired to be heard. Motion x Councilman Heather made a motion to certify as complete the Environmental Impact Report as submitted by the Addendum; and to reaffirm the City Council action of May 22, 1978, approving Tentative Map of Tract 9676 as revised, incorpo- rating by reference the findings and conditions as recommended in the staff report dated January 4, 1979, including the deletion of Condition No. 32. Mayor Pro Tem Williams asked that the motion be amended to include a change in Condition No. 36 to add a requirement that the grading plan shall also be approved by the City Council and the Department of Fish and Game, which amendment was accepted by the maker of the motion. Ayes x x x x A vote was taken on Councilman Heather's amended Noes x motion, which motion carried. Abstain x • Volume 33 - Page 1 CITY OF NEWPORT BEACH COUNCILMEN MINUTES �9 s ROLL CALL` �d Jan January 8. 1979 INDEX . 2. Mayor Ryckoff opened the continued public Stuart hearing on the appeal of Bruce B. Stuart from Appeal the decision of the Planning Commission at its (3137) meeting of November 9, 1978 regarding Variance No. 1071, a request to permit interior altera- tions and second floor additions to an existing single - family dwelling and related two -car garage at 405 - 38th Street, on the northwesterly side of Newport Island; zoned R -2. A report was presented from the Community Development Department. A letter from Robert G. Astle was presented opposing the Variance. A letter received after the agenda was printed was presented from Richard Kenneth Brooks, Jr. requesting a continuance to January 22. Motion x The item was continued to February 12, 1979. All Ayes 3. Mayor Ryckoff opened the public hearing regard- Fireplace ing Ordinance No. 1789, being, & Chimneys 0 -1789 AN ORDINANCE OF THE CITY OF NEWPORT BEACH (3140) AMENDING SECTION 20.10.025 (b) OF THE • NEWPORT BEACH MUNICIPAL CODE PERTAINING TO FIREPLACE AND CHIMNEY ENCROACHMENTS, Planning Commission Amendment No. 522, a request initiated by the Planning Commission. A report was presented from the Community Development Department. Motion x The hearing was closed after it was determined All Ayes that no one else desired to be heard. Motion x Ordinance No. 1789 was adopted. All Ayes E. ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1788, being, Com Dev Procedures AN ORDINANCE OF THE CITY OF NEWPORT BEACH 0 -1788 AMENDING SECTION 20.81.070 OF THE NEWPORT (1376) BEACH MUNICIPAL CODE TO INCREASE THE APPEAL PERIOD FROM THE MODIFICATIONS COMMITTEE TO THE PLANNING COMMISSION FROM SEVEN (7) TO FOURTEEN (14) DAYS. Motion x Ordinance No. 1788 was adopted. All Ayes • Volume 33 - Page 2 CITY OF NEWPORT BEACH COUNCILMEN MINUTES yS'1iA <S���Ci 6 .A f G ZZ oti ROLL CALL ip January S_ 1979 ininaY • 2. Ordinance No. 1790, being, Elections/ Municipal AN ORDINANCE OF THE CITY OF NEWPORT BEACH 0 -1790 AMENDING CHAPTER 1.25 OF TITLE 1 OF THE (12F) NEWPORT BEACH MUNICIPAL CODE, ENTITLED "MUNICIPAL ELECTION CAMPAIGN CONTRIBUTION AND EXPENDITURE CONTROL." Motion x Ordinance No. 1790 was postponed to February 12 All Ayes for further revisions. F. CONTINUED BUSINESS: 1. A report was presented from the Community Traffic Development Department regarding Planning Phasing Commission recommendations concerning definition (3006) of the term "reasonableness" as applied to a traffic phasing plan. Daniel. Emory addressed the Council and opposed the definition of "reasonableness" as recom- mended by the Planning Commission. Motion x Mayor Pro Tem Williams made a motion to postpone the item to February 12 and to direct the staff to prepare examples to amplify the proposed definition of the term "reasonableness." • Councilman McInnis asked that the motion be amended to adopt the recommended definition while the staff is preparing the examples, which was not accepted by the maker of the motion. Kevin Hanson, representing Emkay Development, and Frank Stiefel addressed the Council and opposed further delay. Ayes x x x x A vote was taken on Mayor Pro Tem Williams' Noes. x x motion, which motion carried. 2. A report was presented from the Parks, Beaches Budget and Recreation Director regarding a budget Amendment amendment of $9,120.00 for refurbishment of the (18F) South and Administration Wings at the Oasis Seniors facility under Title V Older Americans Act. BA -024, $9,120.00 increase in Budget Appropria- tions and increase in Revenue Estimates, Federal Motion x Grant Funds to refurbish Senior Citizens All Ayes Facility, Park and Recreation Fund, was approved. 3. The following appointments to the Bicycle Trails Bicycle Motion x Citizens Advisory Committee for a one -year term Trails All Ayes ending December 31, 1979 were confirmed: CAC (205F) • (District 1, Councilman Strauss' appoint- ments were postponed to January 22, 1979. Volume 33 - Page 3 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 1i �, .'Fp y9G22� ROLL CALL , �' January 8, 1979 iNnFY • (District 6) Councilman Hummel's reappoint- ment of William S. Pope and Dr. Stephen D. Sholkoff. (District 7) Mayor Pro Tem Williams' reap- pointment of Robert L. Newcomb and postponement of his second appointmcnt to January 22, 1979. i The following appointments to the Environmental CEQAC Motion x Quality Citizens Advisory Committee for a one- (1058F) All Ayes year term ending December 31, 1979 were confirmed: (District 1) Councilman Strauss' appointment of a second member was postponed to January 2 , 1979. (District 4) Councilman Heather's reappoint- ment of Seth M. Oberg, Jr. and postponement of her second appointment to January 22, 1979. (District 6) Councilman Hummel's reappoint- ment of Deborah Allen and postponement of his second appointment to January 22, 1979. (District 7) Mayor Pro Tem Williams' reap- pointment of Jean Wegener. • The following appointments to the Litter Control Litter Control Motion x Citizens Advisory Committee for a one -year term Control All Ayes ending December 31; 1979 were confirmed. CAC (2046) (District 1) Councilman Strauss' appointments were postponed to January 22, 1979. (District 4) Councilman Heather's appoint- ment of a second member was postponed to January 22, 1979. (District 5) Mayor Ryckoff's appointments were postponed to January 22, 1979. (District 6) Councilman Hummel's reappoint- ment of Gordon Kilmer and appointment of Helen Anderson. (District 7) Mayor Pro Tem Williams' reap- pointment of Cindy Houston. The following appointments to the Transportation Transports- Motion x Plan Citizens Advisory Committee for a one -year tion Plan All Ayes term ending December 31, 1979 were confirmed: CAC (960) (District 1) Councilman Strauss' appointments were postponed to January 22, 1979. • (District 6) Councilman Hummel's appointment of Daniel Emory and G. Edmund Siebel, Jr. Volume 33 - Page 4 CITY OF NEWPORT BEACH COUNCILMEN MINUTES ROLL CALL �u'� January 8, 1979 inincv • (District 7) Mayor Pro Tem Williams' reap- pointment of Calvin McLaughlin and Jeanne Giordano. G. CURRENT BUSINESS: 1. A report was presented From the Community Develop- Upper Npt ment Department regarding the Draft -1978 Areawide Bay -NIWA Waste Treatment Management Plan and Draft (355) Environmental Impact Report. The Mayor was authorized to send a letter in response to the Draft -1978 Areawide Waste Treatment Management Plan and Draft Environmental Impact Report, including a reference to the Delhi Channel, and with a change on Page 120 of Motion x the attachment to add a clarifying phrase to the All Ayes first paragraph under Continuing Action. 2. A report was presented from the City Manager Council regarding draft Council Policy A -12. Policy (430F) Council Policy A -12, "Boards, Commissions and Motion x Committees - Expressions of Official City All Ayes Position or Policy" was adopted. 3. A report was presented from the Administrative City Arts Assistant to the City Manager regarding the Comsn resignation of Mitch Teemley from the City Arts (120F) . Commission. Motion x Mr. Teemley's resignation was accepted with All Ayes regret; the City Clerk was directed to prepare a Certificate of Appreciation and to post the Notice of Vacancy; and the vacancy was referred to the Appointments Committee for a report on the nominations on February 12. 4. A report was presented from the Public Works Driveway Department regarding the application of Pace- Approaches setter Homes to construct a 120 - foot -wide (2538) driveway approach for four homes at 1010 -1016 East Balboa Boulevard. Motion x The application to construct the 120- foot -wide All Ayes driveway was approved. 5. A report was presented from the Public Works Encroach- Department regarding the application of Skip ment Skibicki to encroach 1'9" into Apolena Avenue Pub R -O-W with brick steps and landing at 1101 Balboa Apolena Av Avenue on Balboa Island. (3143) A letter received after the Agenda was printed was presented from Howard C. Martin asking that the item be postponed to January 22. The item was postponed to February 12, 1979. Kotion 11 Ayes x j Volume 3 - Page 5 CITY OF NEWPORT BEACH COUNCILMEN MINUTES F,p S ROLL CALL �� January 8 1979 INDEX • 6. A report was presented from the City Attorney OrCo regarding the "Quiet Communities Act of 1978." Airport (195) The item was referred to the Environmental Motion x Quality Citizens Advisory Committee for review All Ayes and follow -up action. H. CONSENT CALENDAR: Motion x The following actions were approved by one motion All ayes affirming the actions on the Consent Calendar: 1. The following ordinance to be introduced and set for public hearing: (a) Removed from the Consent Calendar. The following ordinances were introduced and passed to second reading on January 22, 1979: (b) Removed from the Consent Calendar. (c) Proposed Ordinance No. 1791, being, AN Mobilehome ORDINANCE OF THE CITY OF NEWPORT BEACH Parks Flood AMENDING SECTIONS 15.50.040, 15.50.210 AND Prevention 15.50.260 OF THE NEWPORT BEACH MUNICIPAL 0 -1791 CODE RELATING TO STATE ENFORCEMENT OF FLOOD (807) • PREVENTION REGULATIONS IN MOBILEHOME PARKS. (A report from the City Attorney) (d) Proposed Ordinance No. 1792, being, AN Commercial ORDINANCE OF THE CITY OF NEWPORT BEACH Vehicles AMENDING SECTION 12.32.020(b) OF THE 0 -1792 NEWPORT BEACH MUNICIPAL CODE PROHIBITING (3145) COMMERCIAL VEHICLES EXCEEDING 6,000 POUNDS FROM OPERATING ON CERTAIN CITY STREETS. 2. The following resolutions were adopted: (a) Resolution No. 9494 being, a Resolution of PERS Intention to approve an amendment to the R -9494 contract between the Board of Administration (617) of the Public Employees' Retirement System and the City Council of the City of Newport Beach (Section 20862.8 (Sick Leave Credit) and Section 20930.3 (Military Service Credit)) (A report from Personnel) (b) Resolution No. 9495 authorizing the Mayor Marinapark and City Clerk to execute a Consent to Sale R -9495 of Mobilehome and Trailer Space in Newport (209) Marinapark (Saxon - Shames). (c) Resolution No. 9496 declaring an urgent Public Works necessity for the repair of certain streets Contracts and water lines pursuant to Section 1110 of R -9496 the Charter. (A report from the City (3151) Attorney) Volume 33 - Page 6 CITY OF NEWPORT BEACH W MINUTES ROLL CJanuary 8, 1979 INDEX • 3. The following communications were referred as indicated: (a) To staff for reply, a letter from the American Civil Liberties Union of Southern California objecting to the proposed ordinance which would restrict the number of non- related persons who may lawfully live together in the same residence within the City of Newport Beach, and asking for notification of the time when the ordinance will come before Council. (685) (Attached) (b) To staff for reply, a letter from David R. Carpenter objecting to the 100% increase in CATV fees. (Attached) (6) 4. The following communications were referred to the City Clerk for filing and inclusion in the records: (a) A letter from the Harbor View Hills Community Association commending Council action in connection with the Circulation Element of the General Plan. (Attached) (673) (b) A letter from the State Department of Transportation, Legal Division, opposing • General Plan Amendment No. 78 -2 and requesting that this letter be placed as a part of the permanent record of the Council meeting of December 20, 1978. (Attached) (673) (c) A letter to the League of California Cities, Orange County Division, from the County Counsel of Orange County regarding Section 16280 of the Government Code concerning the availability of state funds from state surplus. (Attached) (2883) (d) A resolution from the City of Garden Grove establishing its strong opposition to the lack of the State of California's concern for the impact of State mandated costs. (1429) (e) Resolutions from the cities of Santa Ana and Fountain Valley requesting the State Legislature to strengthen regulations relating to State - licensed contractors. (1429) (f) A copy of a letter to The Editor of the Daily Pilot from Richard S. Jonas, M.D. opposing the jet flights out of Orange County Airport and any further expansion of the airport. (Attached) (195) • (g) A letter from the Statehouse Conference on Children and Youth requesting interested people to apply as volunteer Catalysts or Convenors for the Statehouse Conference. (20) (Attached) Volume 33 - Page 7 CITY OF NEWPORT BEACH COUNCILMEN MINUTES ry S i ROLL CALL 0 January 8, 1979 INDEX (h) A letter from the Local Agency Formation Commission enclosing their 1979 Filing and Hearing Schedule. (Attached) (20) (i) Notice of Public Hearing before the Orange County Board of Supervisors in accordance with Section 5955 of the California Harbors and Navigation Code to determine if the Acquisition, maintenance and operation of Parcel B, Doheny Beach should be undertaken by the Harbors, Beaches and Parks District. (20) (j) Notice of public hearing by the Local Agency Formation Commission regarding the proposed annexation to Costa Mesa Park & Recreation District designated Bristol /Red Hill Annexation. (Attached) (20) (k) Excerpt from the Orange County Board of Supervisors Minutes regarding policy alternatives for expired airport leases at the Orange County Airport. (Attached) (195) (1) Notice of hearing before the Public Utilities Commission on the application of Air California to round off its increase in fares to the nearest dollar. The Second Interim Opinion and Order authorizes Air • California to do so. (195) (m) Agenda of the Board of Supervisors meetings of December 19 and 20, 1978 and January 2 and 3, 1979. (20) 5. The following claims for damages were denied and Claims the City Clerk's referral to the insurance carrier was confirmed: (a) Claim of Rita Babb for personal injuries Babb allegedly sustained in connection with her (3147) arrest on October 28, 1978. (b) Claim of Rollie Barcume for property damage Barcume to his wife's campervan when it was allegedly (3148) hit by a City vehicle on December 19, 1978 at the intersection of San Joaquin Hills Road and Crown Drive. (c) Claim of Brooks Donovan for property damage Donovan to her automobile when she was allegedly (3150) hit by a Newport Beach Police vehicle on December 18, 1978 on Marigold Avenue. The following claim was denied: (a) Application for Leave to Present a Late Greyshock Claim of Dan J. Greyshock for reimbursement (3150) of towing charges when his car was towed . away from in front of his home at 2812 Broad Street during a resurfacing program, I Volume 33 - Page 8 CITY OF NEWPORT BEACH COUNCILMEN MINUTES y�y �Ayes'�C) 1i .� �p y9G 22 V" < ROLL CALL , d' January 8. 1979 ininry and Broad Street was allegedly not posted since half of the street is paved with concrete. 6. The City Clerk's referral of the following Summons and Complaints to the insurance carrier was confirmed: (a), Summons and Complaint of Derek Allan Duncan, Duncan a minor, by and through his Guardian Ad (3092) Litem, Ande Duncan for personal injuries, Case No. 30 -39 -41 in the Orange County Superior Court. The original claim was for injuries sustained when Derek was knocked down by an automobile, allegedly due to the inattention of the crossing guard. 7. The following request to fill personnel vacancies was approved: (A report from the City Manager) (1203F) (a) One Secretary to the Fire Chief to fill a position now vacant. (b) One Fireman to fill a position now vacant. (c) One Refuse Leadman, Field Maintenance Division, to fill a position now vacant. • (d) One Groundsman Gardener II, Parks, Beaches and Recreation Department, to fill a position now vacant. (e) One Tree Trimmer II, Parks, Beaches and Recreation Department, to fill a position now vacant. (f) One Groundsman Gardener I, Parks, Beaches and Recreation Department, to fill a position now vacant. (g) One Tree Trimmer I, Parks, Beaches and Recreation Department, to fill a position to be vacant. (h) One Equipment Maintenance Foreman, Equip- ment Maintenance Division, to fill a position to be vacant. 8. The following staff report was received and ordered filed: (a) A report from the City Attorney regarding City Attny "Findings." (Attached) Opinions (1650) 9. There were no public hearings scheduled. 10. The work on the Marinapark Improvements, Contract Marinapark • No. 1921, was accepted; the City Clerk was (209) authorized to file a Notice of Completion and to Volume 33 - Page 9 CITY OF NEWPORT BEACH COUNCILMEN MINUTES yG y �i�� 0 tiyG y2/ 93 "%N<' Sk ROLL CALL d' January 8, 1979 INOE X release the bonds 35 days after Notice of Completion has been filed; and liquidated damages in the amount of $3,800 were assessed. (A report from the Public Works Department) 11. Removed from the Consent Calendar. 12. The following budget amendment was approved: BA -025, $4,000.00 increase in Budget Appropria- tions, Federal Disaster Assistance monies received to renovate a truck used during the 1977 -78 storm, from Reserve for Disaster Assist- ance to PB &R- Parks, Parkways, etc. Automotive Services, Park and Recreation Fund. I. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter from the Newport Harbor -Costa Mesa Litter Board of Realtors was presented enclosing a Control $1,000.00 donation to the City for the Litter CAC/ Committee's use to enable them to complete and Donations purchase two prints of the film for which they (2046) contracted. Motion x The donation was accepted, and the Mayor was All Ayes authorized to write a letter expressing the City's appreciation for the donation. • 2. A report was presented from the Community Height & Development Department regarding Planning Density Regs Commission Amendment No. 523, a request initiated (1279) by the City for the purpose of reducing height limits and preserving existing roof lines on the bluff side of Kings Road and Kings Place between Irvine Avenue and Dover Drive in Cliff Haven. Warren Howland addressed the Council and read a letter opposing the proposed ordinance. Motion x Proposed Ordinance No. 1793, being, AN ORDINANCE 0 -1793 All Ayes OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20.02.050 OF THE NEWPORT BEACH MUNICIPAL CODE BY ADDING SECTION (e) THERETO RELATING TO HEIGHT OF STRUCTURES ON THE BLUFF SIDE OF KINGS ROAD AND KINGS PLACE, was introduced and set for public hearing on January 22, 1979. 3. A report was presented from the City Attorney Construction regarding an ordinance in connection with Site Debris construction site debris. (3144) A proposed ordinance, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 15.60 TO THE NEWPORT BEACH MUNICIPAL CODE ENTITLED, "CONSTRUCTION SITE DEBRIS," was referred to Motion x staff to be brought back for introduction on Ayes January 22, 1979. Volume 33 - Page 10 CITY OF NEWPORT BEACH COUNCILMEN MINUTES ,A `9�0� S9�ZZi ROLL CALL J January 8 1979 INDEX Motion All Ayes Motion All Ayes • General Plan (673) Vessel Waste (1404) J. ADDITIONAL BUSINESS: 1. The Planning Commission was directed to initiate x an amendment to the zoning on the CALTRANS West property so it will agree with the General Plan. 2. The Mayor was authorized to send a letter to the appropriate authorities regarding the vessel X, waste pump -out station in Newport Bay. There being no further business to come before the Council, Mayor Ryckoff adjourned the meeting at 10:00 P.M. Mayor ATTEST: 4✓ ��p V\ City Clerk i P ,/,Cog�a Volume 33 - Page 11 General Plan (673) Vessel Waste (1404)