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HomeMy WebLinkAbout05/22/1978 - Regular MeetingCOUNCILMEN 9 C n y F s ROLL CALL 3J pis CITY OF NEWPORT BEACH Regular Council Meeting Place: Council Chambers Time: 7:30 P.M. Date: May 22, 1978 MINUTES WRITIn Oesent x x x x x x x Roll Call. Motion The reading of the Minutes of the Regular Council Ayes x x x x x x Meeting of May 8, 1978 was waived, and said Minutes Abstain x were approved as written and ordered filed. The reading in full of all ordinances and resolutions Motion x under consideration was waived, and the City Clerk Ayes x x x x x x x was ordered to read by titles only. HEARINGS: 1. Mayor Ryckoff opened the continued public Vacation/ hearing on the vacation and abandonment of a Clubhouse Dr portion of Clubhouse Drive, located northeasterly (2882) of East Coast Highway between Newport Center Drive and Jamboree Road (Entrance to Irvine Coast Country Club). A report was presented from the Public Works Department. Forest Smith, President of the Irvine Coast Country Club,addressed the Council and asked that the Club not be assessed for a traffic signal. "^tion x The hearing was closed after it was determined s x x x x x x x that no one else desired to be heard. Resolution No. 9335, ordering the vacation and R -9335 abandonment of a portion of Clubhouse Drive Motion x right -of -way (entrance to Irvine Coast Country Ayes x x x x x x x Club), was adopted; and the staff was directed to slurry seal the public street. 2. Mayor Ryckoff opened the continued public Variance hearing and City Council review of the decision No. 1067 of the Planning Commission to approve Variance (2923) No. 1067, a request of James R. Gill for con- struction of a single - family dwelling on a lot in the R -1.5 District that exceeds 1.5 times the buildable area of the site on property at 11111 Park Avenue, southerly of Park Avenue and westerly of Emerald Avenue on Balboa Island. A report was presented from the Community Development Department. A letter from James R. Gill, applicant, was presented with a petition bearing 215 signatures of residents in favor of the demolition and rebuilding of a new single- family residence at 1111i Park Avenue. A letter from Janis Green, John W. Werlie and M. M. Wiggins was presented protesting action of the Board of Directors of the Balboa Island Improvement Association approving Variance No. 1067. Volume 32 - Page 111 CITY OF NEWPORT BEACH COUNCILMEN MINUTES i%y fi1,c.y�s�$p ROLL CALL May 22. 1978 INDEX • Letters and copies of letters opposing Variance No. 1067 were presented from Martha Carpenter Scott, William H. and Doris E. Schmidt, Virginia and Oliver Park, Lee Cook Cuyler, Mariana M. Wiggins, William H. Schmidt, Mrs. F. S. Markham, Mae B. and William B. Munn, Mary and Art Vitarelli, Janis and C. R. Green, Dr. C. C. Andress, Shirley A. Lawler, Ray C. Oltman, Rosemarie L. Bean, Mrs. A. J. Vitarelli, Phyllis 0. Okrand and Jean Skall, and petitions (not previously submitted) bearing 25 signatures opposed to the variance. A letter dated April 24 from the Balboa Island Improvement Association opposing the Variance, and a letter dated May 17, 1978 from the Balboa Island Improvement Association supporting the Variance were presented. The following people addressed the Council in support of Variance No. 1067: Jim Gill, owner and applicant; Bruce Brown, architect for Mr. Gill; Gail Vinje, President of the Balboa Island Improvement Association; Robert C. Morton, who presented a letter; Don Tyler, member of the Board of the Improvement Association; and Ed Siebel. • The following people addressed the Council in opposition to Variance No. 1067: Art Vitarelli, Rosemarie Bean and John Werlie. Motion x The hearing was closed after it was determined Ayes x x x x x x x that no one else desired to be heard. Motion x The decision of the Planning Commission was Ayes x x x x overruled, and Variance No. 1067 was denied, Noes x x x including the following findings: (a) that there are no exceptional or extraordinary circumstances applying to the land, building or use referred to in this application; (b) that the granting of the application is not necessary for the preservation and enjoyment of substantial property rights of the applicant; and (c) that the granting of such application would, under the circumstances of this particular case, materially affect adversely the health or safety of persons residing or working in the neightborhood of the property of the applicant. 3. 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 project known as Sea Island, on property located at 1100 Jamboree Road, across Jamboree Road from the Newporter Inn, zoned P -C. Volume 32 - Page 112 CITY OF NEWPORT BEACH COUNCILMEN MINUTES ,ACi��O %9G 2yi ROLL CAL L MCP � May 22, 1978 INDEX A report was presented from the Community - Development Department. A report was presented from the City Manager concerning a meeting of members of the City Council with the Department of Fish and Game and the developer. Bob McLain of McLain Development and Wes Pringle, traffic consultant, addressed the Council. Mr. McLain asked that the project be approved with suggested additional conditions. Motion x The hearing was closed after it was determined Ayes x x x x x x x that no one else desired to be heard. Motion x The Tentative Map of Tract No. 9676 was approved, Ayes x x x x x x subject to the following additional conditions Abstain x and findings: (a) Additional findings - (1) A finding that the project would be excepted from the new traffic ordinance, based on evidence submitted by Mr. Pringle and Mr. McLain on the traffic impact. (2) A finding that the development of the property at the reduced density is consistent with the intent of existing zoning, and approval of concept may be issued at the time the revised plot plan has been submitted to Staff. (b) Additional conditions - (1) That the density be reduced from 226 units to a maximum of 132 units. (2) That the open space requirement and the park ordinance requirement be resolved by locating six publicly -owned acres in the West Bay Area that would be satisfactory to the City Council, and that this b resolved no later than the Council meeting of Monday, June 12, 1978, if possible. (3) That it is recognized that the reduction in density necessitates revisions of the lot lines in the map, but that these revisions would go directly to the City Council for approval. (4) That a drainage and erosion control plan to be approved by the geological engineer be included, and that this cover both during and after the • project. Volume 32 - Page 113 CITY OF NEWPORT BEACH COUNCILMEN MINUTES yG �' f� �•t y��� �p 2i� 9 pT y�G� 2�S ROLL CALL �d'� 9 May 22, 1978 INDEX • 4. Mayor Ryckoff opened the public hearing regarding Ordinance No. 1764, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH District AMENDING A PORTION OF DISTRICTING MAP NO. 35 Map 35 TO RECLASSIFY LAND FROM THE UNCLASSIFIED (2942) 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 request of The Irvine Company, Newport Beach. A report was presented from the Community Develop- ment Department. David Neish of Urban Assist, representing The Irvine Company, addressed the Council and asked that the requested addition of 1.6 acres be approved. Motion x The hearing was closed after it was determined •s x x x x x x x that no one else desired to be heard. Motion x Ordinance No. 1764 was referred back to the Ayes x x x x x x x Planning Commission to determine conformance with Policy S -1. 5. Mayor Ryckoff opened the public hearing regarding Federal the use of Federal Revenue Sharing Funds for the Revenue fiscal year 1978 -79. Sharing (1159) A report was presented from the City Manager. Motion x The hearing was closed after it was determined Ayes x x x x x x x that no one desired to be heard. The use of Federal Revenue Sharing Funds as Motion x proposed in the 1978 -79 Budget was tentatively Ayes x x x x x x x approved pending the hearing to be held on the 1978 -79 Fiscal Year Budget. CONTINUED BUSINESS: 1. A letter dated April 17 from the Newport Beach Council Firefighters Association, Inc. 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. Sam Wells, representing the Newport Beach Fire- fighters Association, addressed the Council and urged approval of the request. Volume 32 - Page 114 CITY OF NEWPORT BEACH COUNCILMEN MINUTES o tiG2i F� ROLL CALL UP May 22, 1978 INDEX • Mr. Wells was granted three additional minutes for his presentation. Motion x Councilman McInnis made a motion to amend the last paragraph of Council Policy J -1, which was added by Council on February 27, 1978, to read as follows: "Nothwithstanding the above, total compensation, including salaries and benefits, for entry level public safety employees shall be established at levels comparable to the top three cities in Orange County. The application of this policy pertaining to public safety employees shall, of course, be subject to constraints imposed upon the City by a limitation in municipal revenues." Harry Kamph addressed the Council in support of the request of the Firefighters Association. Ayes x x A vote was taken on Councilman McInnis' motion, Noes x x x x x which motion failed to carry. 2. A report dated May 8 was presented from the Marine Harbor Department regarding Harbor Permit Application No. Permits 225 -530 by Christian Ebsen and Arnold Peterson to (304F) construct a jointly -owned pier and float at 530 and 534 S. Bay Front. • Christian Ebsen addressed the Council and questioned the location of the existing pier and asked the Council to determine the ownership of that pier. Ed Siebel addressed the Council and stated his feelings that Council deliberations should be limited to the Harbor Permit Application. Roy Woolsey, representing Carroll Beek, addressed the Council and also asked the Council to make a finding of ownership of the existing pier. Glen Welden, Tidelands Administrator, gave a brief staff report. Harbor Permit Application #225 -530 of Christian Ebsen and Arnold Peterson to construct a jointly - owned pier and float at 530 and 534 S. Bay Front Motion x was denied; and the staff was directed to clarify Ayes x x x x x x x the City records to indicate that the existing structure at 528 S. Bay Front is owned solely by Mrs. Carroll Beek, in accordance with the recom- mendations of the Joint Harbor Committee. Allan Beek addressed the Council suggesting amending City policy regarding the construction of piers. • 3. A letter dated March 30 to Mayor Ryckoff from CEQAC Miles R. Stover resigning from the Environmental (1058) Quality Citizens Advisory Committee was presented. Volume 32 - Page 115 CITY OF NEWPORT BEACH COUNCILMEN MINUTES Ci ROLL CALL< (P � May 22, 1978 INDEX • (District 5) Mayor Ryckoff's appointment of Robert W. Scholler as a member of the Environmental Quality Citizens Advisory Committee to fill the Motion x unexpired term of Miles Stover ending December 31, Ayes x x x x x x x 1978,. was confirmed. 4. A letter dated May 8 from the Litter Control Litter Con Citizens Advisory Committee regarding the resig- CAC nation of Charles K. Paskerian was presented. (2046) (District 6) Councilman Hummel's appointment of Mary Wagner, as a member of the Litter Control Citizens Advisory Committee to fill the unexpired Motion x term of Charles K. Paskerian ending December 31, Ayes x x x x x x x 1978, was confirmed. 5. A report was presented from the City Manager Balboa Pier concerning the bid received for the operation of Concession the Balboa Pier Concession. (726) John Aslanian addressed the Council for his brother Hrand Aslanian, the bidder for the con- cession, and urged award of the concession contract. Motion x A decision on the concession contract was post - Ayes x x x x x x x poned to June 12 to permit further investigation of the qualifications. • 6. A report was presented from the City Manager Fireworks regarding the request by the Balboa Improvement (423) Association for City assistance in sponsoring their annual fireworks display. Motion x The request was denied. Ayes x x x x x x x 7. A report dated May 12 from the Chief of Police to Pornography the City Manager was presented regarding the Initiative proposed initiative petition on pornography. (2947) Resolution No. 9336, supporting initiative legis- R -9336 Motion x lation known as "Abatement of Moral Public Ayes x x x x x x x Nuisance Law," was adopted. 8. A report was presented from the Public Works Mariners Department regarding construction of drafting pit, Park enlarging the parking lot at Mariners Fire (1033) Station, and construction of handball courts at Mariners Park, Contract No. 2002. Resolution No. 9337, awarding the contract to R -9337 Masonry Engineers, Inc. for enlarging the parking lot at Mariners Fire Station and constructing handball courts at Mariners Park, Contract No. 2002, and deleting the drafting pit, was adopted; x and budget amendments in the amount of $17,500 for 10ion 8 x x x x x x x the project were approved. Volume 32 - Page 116 CITY OF NEWPORT BEACH COUNCILMEN MINUTES ROLL CALL d' 9 May 22, 1978 1Nnar • CURRENT BUSINESS: 1. A report was presented from the Public Works Alley Re- Departt regarding the proposed realignment of alignmt alleys in Block 5, East Newport (in City block E Npt bounded by Balboa Boulevard, Eighth Street, West B1 5 Bay Avenue and Seventh Street). (2947) Motion x The following resolutions were adopted: Ayes x x x x x x x Resolution No. 9338 adopting a map showing R -9338 two parcels of the most westerly alley in Block 5 of the East Newport Tract which are proposed to be vacated, closed up and abandoned; Resolution No. 9339 declaring Council's R -9339 intention to order the closing up and abandonment of the most westerly alley in Block 5, East Newport Tract, and setting a public hearing for June 12, and the staff was authorized to prepare an agree- ment between the City and the Newport Harbor Yacht Club in which the Yacht Club agrees to dedicate and improve a new alley connecting the westerly end of the existing alley to Eighth Street in consideration for the proposed vacation • of the most westerly alley in Block 5, East Newport. 2. Mayor Ryckoff made an oral report in behalf of the Planning Council Appointments Committee, and stated that Comsn the Committee's recommendations were as follows: (530F) (a) Allan Beek to fill the unexpired term of Jacqueline Heather ending June 30, 1979. - (b) David Shores to fill the unexpired term of Paul Hummel ending June 30, 1980. Final selection by the Council will be made at the meeting on June 12, in accordance with Council Policy A -4. 3. A letter from Harold M. Zinn was presented asking Animal for a waiver of the penalty for the late renewal Control of the license for his dog. (862) Motion x The request was denied. Ayes x x x x x x x 4. A report was presented from the Community Develop- Tract 9858 ment Department regarding the Final Map of Tract No. 9858, a request of The Irvine Company to approve a final map to subdivide 48.068 acres into nine numbered lots for residential condominium • development, five numbered lots for recreational and open space purposes, and seven lettered lots for streets on property bounded by existing Spyglass Hill Development, the Bren III Develop- ment, Broadmoor Seaview, San Miguel Drive and the San Joaquin Reservoir site; known as a portion of Harbor Ridge; zoned P -C. Volume 32 - Page 117 CITY OF NEWPORT BEACH COUNCILMEN MINUTES ROLL CALL �d'� May 22, 1978 INDEX • Sue Picker addressed the Council regarding erosion problems in the area. Jim Whaley of Irvine Pacific Company addressed the Council and stated that they concur with the findings of the staff, and that they will in- stitute an erosion control plan. The Final Map of Tract No. 9858, incorporating by reference the condition recommended by the Motion x Planning Commission, was approved; and Resolution R -9340 Ayes x x x x x x x No. 9340, approving a subdivision agreement guaranteeing completion of the improvements required with Tract No. 9858, and authorizing the Mayor and City Clerk to execute the agreement, was adopted. 5. A report was presented from the Community Develop- Tract 9859 ment Department regarding the Final Map of Tract No. 9859, a request of The Irvine Company to approve a final map to subdivide 15.022 acres into two numbered lots for residential condominium development, two numbered lots for recreational and open space purposes, and four lettered lots for streets on property bounded by existing Spyglass Hill Development, Broadmoor Seaview' San Miguel Drive, and the San Joaquin Reservoir site, known as a portion of Harbor Ridge; zoned P -C. The Final Map of Tract No. 9859, incorporating by reference the condition recommended by the Motion x Planning Commission, was approved; and Resolution Ayes. x x x x x x x No. 9341, approving a subdivision agreement R -9341 guaranteeing completion of the improvements required with Tract No. 9859, and authorizing the Mayor and City Clerk to execute the agreement, was adopted. 6. A report was presented from the Community Develop- Tract 9860 ment Department regarding the Final Map of Tract No. 9860, a request of The Irvine Company to approve a final map to subdivide 13.648 acres into thirty -seven numbered lots for residential develop- ment, one numbered lot for park purposes, and two lettered lots for streets on property bounded by existing Spyglass Hill Development, the Bren III Development, Broadmoor Seaview, San Miguel Drive and the San Joaquin Reservoir site, known as a portion of Harbor Ridge; zoned P -C. The Final Map of Tract No. 9860, incorporating by reference the conditions recommended by the Motion x Planning Commission, was approved; and Resolution Ayes x x x x x x x No. 9342, approving a subdivision agreement R -9342 guaranteeing completion of the improvements required with Tract No. 9860, and authorizing the Mayor and City Clerk to execute the agreement, was • adopted. Volume 32 - Page 118 CITY OF NEWPORT BEACH COUNCILMEN MINUTES ono i rAi �N� y Mav 22. 1978 INDEX • 7. A report was presented from the Public Works Marinapark Department regarding the shelter facility at (209) Marinapark, Contract No. 2010. The apparent low bidder, Bourget Construction of Motion x Irvine, was allowed to withdraw its bid of $27,200 Ayes x x x x x x x because of a mistake in preparing the bid; and all other bids submitted for the project were rejected. CONSENT CALENDAR: Motion x The following actions were approved by one motion Ayes x x x x x x x affirming the actions on the Consent Calendar: 1. The following ordinance was introduced and set for public hearing on June 12, 1978: (a) Proposed Ordinance No. 1765, being, AN Traffic ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING Phasing CHAPTER 15.40 TO THE NEWPORT BEACH MUNICIPAL Plan CODE ESTABLISHING A TRAFFIC PHASING PLAN TO 0 -1765 COORDINATE DEVELOPMENT OF CERTAIN PROJECTS (2873) WITH TRANSPORTATION FACILITIES IN NEWPORT BEACH. (A report from the City Attorney) Passed to second reading on June 12, 1978: (b) Proposed Ordinance No. 1766, being, AN Harbor ORDINANCE OF THE CITY OF NEWPORT BEACH Regulations AMENDING SECTION 17.41.040 OF THE NEWPORT 0 -1766 BEACH MUNICIPAL CODE RELATING TO FEES FOR (386) PERMITS FOR COMMERCIAL ACTIVITIES ON THE WATERS OF NEWPORT HARBOR. (A report from the City Manager) (c) Proposed Ordinance No. 1767, being AN Residential ORDINANCE OF THE CITY OF NEWPORT BEACH Bldg Records AMENDING SECTION 15.35.040 OF THE NEWPORT 0 -1767 BEACH MUNICIPAL CODE RELATING.TO APPLICATIONS (819) FOR REPORTS OF RESIDENTIAL BUILDING RECORDS. (d) Proposed Ordinance No. 1768, being, AN Water ORDINANCE OF THE CITY OF NEWPORT BEACH Meters AMENDING SECTION 14.20.030 OF THE NEWPORT 0 -1768 BEACH MUNICIPAL CODE RELATING TO THE AMOUNT (2948) OF DEPOSIT CHARGED FOR TESTING WATER METERS. 2. The following resolutions were adopted: (a) Resolution No. 9343 approving an agreement Site Plan guaranteeing the completion of the public Review #7 improvements required with site plan review R -9343 No. 7 and authorizing the Mayor and City (2952) Clerk to execute the agreement. (Located on North Newport Boulevard between Catalina Drive and Santa Ana Avenue) (A report from • the Public Works Department) (b) Resolution No. 9344 approving the parcel map Resub 566 for Resubdivision No. 566, accepting East R -9344 Balboa Boulevard, Palm Street, the alley and (2949) the easement for sidewalks and pedestrian Volume 32 - Page 119 CITY OF NEWPORT BEACH COUNCILMEN MINUTES ROLL CALL` May 22, 1978 IN<1Fx • purposes as dedicated, accepting the vehicu- lar access rights to East Balboa Boulevard as released and relinquished. (A report from the Public Works Department) (c) Resolution No. 9345 a Subdivision Agreement Resub 566 guaranteeing completion of the improvements R -9345 required with Subdivision No. 566, and (2949) authorizing the Mayor and City Clerk to execute the agreement. (d) Resolution No. 9346 authorizing the Mayor to Fernleaf/ execute a Cooperative Agreement with the Coast Hwy Coastal Municipal Water District in connec- Water Meter tion with the construction, maintenance and R -9346 operation of a water meter at the CM -1 (2950) service connection at Fernleaf Avenue and Coast Highway. (A report from the Public Works Department) (e) Resolution No. 9347 awarding a contract to Coast Hwy Hardy and Harper -in connection with West Bike Trail Coast Highway Bike Trail, Newport Boulevard R -9347 to 57th Street, Contract No. 1904, in the (2591) amount of $32,226.25. (A report from the Public Works Department) (f)' Resolution No. 9348 establishing the parking Parking • fees, times of operation, recreation meter, Meter Fees and use of seasonal parking permits in R -9348 connection with the off - street parking meter (119) Zone 17 located on the westerly side of Newport Boulevard between 28th Street and the alley southerly of 38th Street. (A report from the Public Works Department) (g) Resolution No. 9349 approving the admission Library of the Buena Park Public Library into the R -9349 Santiago Library System. (A report from the (474) Library) (h) Resolution No. 9350 approving a Subdivision Resub 555 Agreement guaranteeing completion of the R -9350 improvements required with Resubdivision No. (2951) 555, and authorizing the Mayor and City Clerk to execute the agreement; located on the northerly side of Surrey Drive, northerly of Cameo Highlands Drive (A report from the Public Works Department) (i) Resolution No. 9351 establishing the duties Revenue & and responsibilities of the Revenue and Taxation Taxation Steering Committee. (A report from Steering Cmte the City Attorney) R -9351 (2724) (j) Resolution No. 9352 establishing investiga- Business tion, application and other fees relating to License • business licenses and regulations in connec- Fee tion with Title 5 of the Newport Beach R -9352 Municipal Code and rescinding Resolution No. (891) 9099. Volume 32 - Page 120 CITY OF NEWPORT BEACH COUNCILMEN MINUTES ?7i .A i of 9G'22 ; ROLL CALL 9�J'� pis May 22, 1978 INDEX • (k) Resolution No. 9353 amending Subsection A of Harbor Section 12 of the Harbor Permit Policies Permit relating to the schedule of fees for permits Policies to become effective July 1, 1978, and re- R -9353 scinding Resolution No. 9098. (386) (1) Resolution No. 9354 establishing mooring fees Mooring and a late payment penalty pursuant to Fees Section 17.22.050 of the Newport Beach R -9354 Municipal Code, and rescinding Resolution (67) No. 8753. (m) Resolution No. 9355 establishing sign permit Sign fees and residential building record in Permit connection with Title 15 of the Newport Beach Fees Municipal Code, and rescinding Resolution No. R -9355 9107. (2677) (n) Resolution No. 9356 establishing filing, Com Dev appeals and other fees relating to zoning Procedures actions in connection with Title 20 of the R -9356 Newport Beach Municipal Code to become (1376) effective July 1, 1978, and rescinding Resolution No. 9097. (o) Resolution No. 9357 establishing resubdivision Com Dev and tentative map filing fees in connection Procedures with Title 19 of the Newport Beach Municipal R -9357 • Code and rescinding Resolution No. 9106. (1376) (p) Resolution No. 9358 establishing a fee of Harbor $250.00 for permits for commercial activities Regs on the waters of Newport Harbor. R -9358 (386) (q) Resolution No. 9359 authorizing the Mayor and . City Clerk to execute a Consent to Sale of Marinapark Mobilehome and Trailer Space in Newport R -9359 Marinapark (Queen and Elliott). (A report (209) from the City Attorney) (r) Resolution No. 9360 declaring the City's Irvine intention to abandon a portion of Irvine Terrace Terrace Park and fixing a time to hold a Park Prop public hearing to consider any objections to R -9360 the abandonment; setting June 26 as the date (2422) for the public hearing. (A report from the Parks, Beaches and Recreation Director) (s) Resolution No. 9361 authorizing a Helicopter Police Maintenance Agreement between the City and Helicopters Tallmantz Aviation, Inc. (A report from the R -9361 City Attorney) (943) 3. The following communications were referred as indicated: • (a) Removed from the Consent Calendar. (b) To staff for report back, a report from the Bicycle Bicycle Trails Citizens Advisory Committee Trails (205F) Volume 32 - Page 121 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 3�.P C�C+�yti O9G 22/ 93, < tiifi tp ROLL CALL d' May 22, 1978 INDEX • recommending the installation of curbside pushbutton traffic signal controls on heavily traveled bikeways when they cross inter- sections within the jurisdiction of Newport Beach. (Attached) (c) To staff for report back, a request from the Greenville Newport Shores. Community Association re- Banning garding the problems involved because of the Channel lack of maintenance of the Greenville Banning (148) Channel. (Copies mailed to Council) (d) To staff for reply, a complaint from the Upper Associated Students of UCI that the waters of Newport the Upper Newport Bay are contaminated and Bay requesting tests be made to determine the (355) levels of the coliforms present. (Copies mailed to Council) (e) To Pending Legislation and Procedural Ethics Legislation Committee, a resolution of the City of Buena Other Cities Park urging the State Legislature to amend Resolutions Penal Code 313 and 313.1 by redefining (1429) "Harmful Matter to Minors." (Copies mailed to Council) (f) To Pending Legislation and Procedural Ethics Crossing Committee, a resolution of the City of Guards Westminster urging the State Legislature to (1429) place the responsibility for crossing guards with school districts. (Copies mailed to Council) (g) Removed from the Consent Calendar. (h) To staff for report back, a letter from Bldg Terence Welsh requesting that the proposed Moratorium office building at 3700 Campus Drive be (2873) exempted from the "policy" limiting issuance of building permits which was adopted by the City Council on May 8, alleging that the development rights were vested. (Attached) (i) Removed from the Consent Calendar. 4. The following communications were referred to the City Clerk for filing and inclusion in the records: (a) A letter to the City Attorney from State Senator Carpenter regarding Assembly Bill 2659 relating to local agency employer - employee relations. (Attached) (436) (b) A letter from Al "King Alfonso" Lizanetz regarding Avco Corporation. (Copies mailed (20) to Council) (c) A resolution from the City of Westminster limiting requirements for legal publications of ordinances. (547) Volume 32 - Page 122 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 3 �Z �9GZZ ROLL CALL d'T May 22, 1978 irunFr • (d) Notice of Hearing before the Public Utilities Commission of the application of Greyhound Lines, Inc., Orange Belt Stages, Peerless Stages Inc., Vaca Valley Buslines, Inc., Desert Stage Lines and Redwood Empire Lines, Inc. for fare increases. (20) (e) Agenda of the Board of Supervisors meetings of May 9, 10, 16 and 17, 1978. (20) 5. The following claims were denied and the City Claims Clerk's referral to the insurance carrier was confirmed: (a) Claim of Donal and Elisabeth Vallandigham Vallandigham for property damage to their home at 702 (2953) Iris Avenue when they were flooded during the storms occurring on February 28 through March 1, 1978 alleging City negligence in not removing emergency storm drain covers soon enough to avert the damage. (b) Claim of Sylvia Goddard for personal Goddard injuries and property damage when her home (2954) was flooded with 91 feet of water during the storm which occurred on February 28, 1978, alleging that the City did not have adequate flood control measures. • (c) Claim of Richard Neal Eaton and Ray Charles Eaton/ Randel for an allegedly repeated pattern of Randall unconscionable conduct on the part of the (2941) Newport Beach Police Department which occurred from February 1, 1978 to the present time. The claimants have previously filed a Summons and Complaint, Case No. 28 -6942 in the ..Orange County Superior Court on March 24, 1978. (d) Claim of Renee Selden for property damage Selden to her automobile on May 5, 1978 when she (2956) drove over a water pipe which angled into the alley between 20th Street and McFadden Place and her tire was damaged. (e) Claim of Anne T. Westgate for property loss Westgate on April 18 1978 when a City trash man (2957) allegedly picked up her wheelbarrow in the alley at 608 Avocado Avenue and it was ground up before she could retrieve it. (f) Claim of Southern California Gas Company So Calif for property damage on April 18, 1978 when Gas Co a City Water Department employee allegedly (2958) punctured a 1/2" gas service while probing to locate a water line in the alley behind • 300 Apolena Avenue. (g) Claim of-John Depko for personal injuries Depko which occurred on February 4, 1978 when he (2959) was playing frisbee in the parking area of the Corona del Mar State Beach Park and Volume 32 - Page 123 CITY OF NEWPORT BEACH COUNCILMEN MINUTES �3 P,A O yG�i ROLL CALL May 22, 1978 INDEX • stepped off the curb and his bare foot was stabbed with a tire spike. He is alleging City negligence in not posting warnings regarding the tire spikes. (h) Claim of L. D. Schmitz for property damage at Schmitz 4901 Bruce Crescent when a trash truck ruined (2960) a Brazilian Pepper tree in his yard on May 4, 1978. 6. Summons and Complaints: (a) For confirmation of the City Clerk's Harrod referral to the insurance carrier of the (2788 & Summons and Complaint of Jordeane Harrod, 2789) .an individual, and Ronald Harrod, an individual, for personal injuries, Case No. 28 -52 -61 in the Orange County Superior Court. Mrs. Harrod's original claim was for damage and personal injuries; and Mr. Harrod's original claim was for the loss of consortium as a result of an automobile accident on June 15, 1977. (b) For confirmation of the City Attorney's Mariners referral to the County Counsel, and author- Church ization to the County Counsel to appear and (2961) defend the interests of the City of Newport • Beach, Summons and First Amended Complaint for Refund of Taxes Erroneously Collected from Mariners Church, a California Religious corporation, Case No. 26 -93 -76 in the Superior Court of Orange County. (A report from the City Attorney) 7. The following request to fill personnel vacancies was approved: (A report from the City Manager) (1203F) (a) One Police Clerk I position in the Police Department to fill a position now vacant. (b) One Business License Inspector position in the License Division, Finance Department to fill a position now vacant. (c) One Police Officer position in the Police Department to fill a position to be vacant. (d) Two Parking Control Officers in the Police Department to fill a position to be vacant and a position now vacant. 8. There were no staff reports. 9. The following was set for public hearing on June 12, 1978: (a) Preliminary Budget as prepared by the City Budget, Manager for the fiscal year 1978 -79, pursuant 1978 -79 to Section 1102 of the Newport Beach City (2934) Charter. Volume 32 - Page 124 CITY OF NEWPORT BEACH COUNCILMEN MINUTES ROLL CALL 9�d' T�.pss May 22, 1978 INDEX •10. The plans and specifications for the 1978 Seal Seal Coat Coat Project, Contract 2022, were approved; and Project the City Clerk was authorized to advertise for 1978 bids to be opened at 10:30 a.m. on June 14, (2723) 1978. (A report from the Public Works Department) 11. The plans and specifications for the Water Main CdM Water Construction and Replacement - Corona del Mar Main Constr 1977 -78, Contract No. 1957, were approved; and & Repl the City Clerk was authorized to advertise for (2885) bids to be opened at 2:30 p.m. on Tuesday, June 13, 1978. (A report from the Public Works Department) 12. The plans and specifications for Phase I - Npt /Bal Lighting System Replacement on Balboa and Piers Newport Piers, 1977 -78, Contract No. 2001, were Lighting approved; and the City Clerk was authorized to (2962) advertise for bids to be opened at 10:30 a.m. on Tuesday, June 13. (A report from the Public Works Department) 13. The plans and specifications for the Senior Sr Citizens Citizens' Center Multi - purpose Building, Contract Center No. 1981, were approved; and the City Clerk was Multi -Purp authorized to advertise for bids to be opened at Bldg 2:30 p.m. on June 29, 1978. (A report from the (2784) Public Works Department) • 14. The work on the Cement - Mortar Lining Cast Iron W Npt & Bal Water Pipe, West Newport and Balboa Peninsula, Penin Water 1977-78, Contract No. 1979, was accepted; and Pipes the City Clerk was authorized to file a Notice 1978 -79 of Completion and to release the bonds 35 days (2819) after Notice of Completion has been filed. (A report from the Public Works Department) 15. The work on the Construction of Phase 1 Improve- Cliff Dr ments at Cliff Drive Park, Contract No. 1677, Park was accepted; and the City Clerk was authorized (1970) to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been filed. (A report from the Public Works Department) 16. The Amendment to Section XI of Council Policy K -3, Council "Implementation, of the California Environmental Policy Quality Act, " regarding environmental impact (430F) report fees., was approved. 17. The Amendment to Section 12 of Council Policy H -1, Council "Harbor Permit Policies," regarding initial Policy permit fees, was approved. (430F) 18. The City Clerk was directed to publish a Notice Legal _. .Inviting Bids to be received at or before the hour Notices & of 7:30 p.m. on June 12, 1978 for a contract Publications covering the publishing and printing of all legal (547) notices, or other material required to be pub- lished in a newspaper of general circulation published and circulated in the City of Newport Beach for the fiscal year ending June 30, 1979. Volume 32 - Page 125 CITY OF NEWPORT BEACH COUNCILMEN MINUTES RN gS22i ROLL CALLC S Mav 22. 197R INDFX • 19. The expense accounts of Councilmen Paul Hummel in the amount of $121.81 and Donald A. Strauss in the amount of $98.66 for attendance at the League of Cities'New Mayors and New Councilmen Conference in San Diego May 3 -5, 1978 were approved. 20. The following budget amendments were approved: BA -86, $1,500.00 increase in Budget Appropriations and increase in Revenue Estimates for Arts Festival Program advertising space, donation from Allstate Savings, from Unappropriated Surplus and Donations and Contributions to Non - departmental, Special Departmental Expense, General Fund. BA -87, $1,315.00 transfer of Budget Appropriations for purchase of files for storage of Personnel files, including examinations, from Personnel- Services, Prof., Tech., etc. to Personnel, Office Equipment, General Fund. BA -88, $36,500.00 increase in Budget Appropria- tions and increase in Revenue Estimates for construction of the Coast Highway Bikeway from Newport Boulevard to 57th Street with funds provided by the County, from Unappropriated Surplus and Donations and Contributions to Coast Highway Bikeway /Newport Boulevard to 57th Street, • General Fund. BA -89, $12,500 transfer of Budget Appropriations for construction of parking lot and relocation of rear driveway at Mariners Fire Station, from General Fund, Install Drafting Pit - Newport Center Fire Station to Building Excise Tax Fund. BA -90, $5,000.00 increase in Budget Appropriations for construction of parking lot and relocation of rear driveway at Mariners Fire Station ($3,000.00) and construction of handball courts at Mariners Park ($2,000.00) from Unappropriated Surplus, Building Excise Tax Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report from the Bicycle Trails Citizens Advisory Bicycle Committee requesting an extension of the bike Trails trail along the beach from just south of the CAC Motion x Balboa Pier downcoast to the point of the Penin- (205F) Ayes x x x x x x x sula was received and ordered filed. 2. A report was presented from the Transportation So East Plan Citizens Advisory Committee regarding a OrCo public hearing held by the County on proposed Circulation routes for the San Joaquin Corridor and recom- Study mending the Council write the County requesting (2157) that the consultant consider the two alternatives to the north which were not discussed during the hearing. Volume 32 - Page 126 CITY OF NEWPORT BEACH COUNCILMEN MINUTES yG�''�•ycy�d'� ;p �9 s ROLL CALL �i�T May 22, 1978 INDEX Otion x Mayor Ryckoff made a motion to receive and order Ayes x x x filed, which motion failed to carry. Noes x x x x Motion x Mayor Pro Tem Williams made a motion to refer the Ayes x x x x x x letter to staff to write a letter to the County Noes x requesting that the consultant consider the two alternatives to the north, which motion carried. 3. A letter from the Balboa Island Chamber of Commerce BI Trfc was presented protesting the new traffic plan and Circula- partial closing of Marine Avenue. tion (2955) The following people addressed the Council and asked that work be stopped and the item postponed to June 12: Bob Yardley, who presented 16 letters with similar requests, and Jack Hildreth. Ed Siebel, a member of the Board of the Balboa Island Improvement Association and also of the three -man committee which worked with the staff to devise the traffic plan, addressed the Council and urged that the work proceed. Motion x Mayor Ryckoff made a motion to refer the letter from the Balboa Island Chamber of Commerce to the staff for a report back. 10 Lee Cuyler, of the Balboa Island Improvement Association, addressed the Council and stated that copies of all the studies involved would be forwarded to the Council. Ayes x x x Mayor Ryckoff amended his motion to direct that Noes x x x x implementation on the traffic plan will proceed and that the matter will be reported back to Council at the next meeting, if possible, with all information.available, which motion failed to carry. Motion x Councilman Heather made a motion to direct the Ayes x x x x x x x staff to investigate and report back at the next meeting, and to suspend action on the traffic plan, which motion carried. ADDITIONAL BUSINESS: Motion x 1. Resolution No. 9270, supporting any legitimate OrCo Ayes x x x x x study to resolve the Regional Air Transportation Airport Noes x x needs in Orange County, was reaffirmed. R -9270 (195) Motion x The staff was directed to resubmit a copy of Ayes x x x x Resolution No. 9270 to the League of California Noes x x Cities. Abstain x Mayor Ryckoff declared the meeting adjourned at 11:15 11:15 p.m. Mayo ATTEST: Volume 32 - Page 127 ity Clerk