The URL can be used to link to this page

Home My WebLink About02/12/1979 - Regular MeetingCITY OF NEWPORT BEACH COUNCILMEN MINUTES REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. ROLL CALL` �J'� 9 s Date: February 12, 1979 INDEX sent x x x x x x A. Roll Call. sent x B. The reading of the Minutes of the Regular Meeting Motion x of January 22, 1979 was waived, and the Minutes Ayes x x x x x x were approved as written and ordered filed. Motion x C. The reading in full of all ordinances and resolu- Ayes x x x x x x tions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Ryckoff opened the continued public hearing Stuart regarding the appeal of Bruce Stuart from the Appeal decision of the Planning Commission denying (3137) Variance No. 1071, a request to permit interior alterations and second floor room additions to an existing single - family dwelling and related two - car garage on property.located at 405 - 38th Street, on the northwesterly side of 38th Street between Marcus Avenue and Finl_e_y Avenue on Newport Island; zoned R -2. A letter from Richard Kenneth Brooks, Jr. in behalf of Bruce Stuart was presented withdrawing the request for Variance No. 1071. ion x The hearing was closed. s x x x x x x Motion x The withdrawal of the appeal was approved as Ayes x x x x x x requested by the applicant. 2. Mayor Ryckoff opened the continued public hearing Lawrence regarding the appeal of Richard Lawrence from Appeal the decision of the Planning Commission denying (3138) Use Permit No. 1878, a request to remodel and expand an existing non - conforming single - family dwelling and antique shop in the M -1 District on property located at 505 - 29th Street, on the northerly side of 29th Street between Villa Way and Lafayette Avenue. A letter from Thirtieth Street Architects in behalf of Richard Lawrence was presented asking to withdraw the appeal. Motion x The hearing was closed. Ayes x x x x x x Motion x The withdrawal of the appeal was approved as Ayes x x x x x x requested by the applicant. Volume 33 - Page 26 CITY OF NEWPORT BEACH COUNCILMEN MINUTES A c^ v .4, tiF LP Z�s ROLL CALL �d'� 9 February 12, 1979 INDEX • E. ORDINANCES FOR SECOND READING AND ADOPTION: 1.. Ordinance No. 1794, being, PERS 0 -1794 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY (617) OF NEWPORT BEACH AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (MILITARY SERVICE CREDIT AND SICK LEAVE CREDIT). Motion Ordinance No. 1794 was adopted. x Ayes x x x x x x 2. Ordinance No. 1795, being, Construction Site Debris AN ORDINANCE OF THE CITY OF NEWPORT BEACH 0 -1795 ADDING CHAPTER 15.60 TO THE NEWPORT BEACH (3144) MUNICIPAL CODE ENTITLED "CONSTRUCTION SITE DEBRIS." Motion x Ordinance No. 1795 was adopted. Ayes x x x x x x 3. Ordinance No. 1796, being, Speed Limits • AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.24.070 OF THE NEWPORT 0 -1796 (163F) BEACH MUNICIPAL CODE TO ESTABLISH A SPEED LIMIT ON SPYGLASS HILL ROAD. Motion x Ordinance No. 1796 was adopted. Ayes x x x x x x F. CONTINUED BUSINESS: 1. A proposed ordinance, being, Bluff Development AN ORDINANCE OF THE CITY OF NEWPORT BEACH Regulations ADDING SECTION 20.51.080 TO THE NEWPORT (3061) BEACH MUNICIPAL CODE ENTITLED "DEVELOPMENT OF BLUFF SITES" (RELATING TO PLANNED COMMUNITIES), Planning Commission Amendment No. 515, initiated by the City of Newport Beach to consider an amend - ment to Title 20 adopting regulations for blufftop developments in the Planned Community Districts, and acceptance of an environmental document was presented with a report from the Community Develop- ment Department. Councilman McInnis joined the meeting and took his place at the Council table. otion x The proposed ordinance was postponed, to be Ayes brought back to the Study Session and the evening meetings on February 26. Volume 33 - Page 27 COUNCILMEN i �0 S i ROLL CALL • Motion Ayes Noes • Motion Motion Ayes Noes Ayes Noes Abstain CITY OF NEWPORT BEACH MINUTES February 12, 1979 INDEX Elections 0 -1790 (12F) Traffic Phasing 0 -1787 (3006) Traffic Phasing (3006) 2. Ordinance No. 1790, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 1.25 OF TITLE 1 OF THE NEWPORT BEACH MUNICIPAL CODE ENTITLED "MUNICIPAL ELECTION CAMPAIGN CONTRIBUTION AND EXPENDITURE CONTROL," was presented. A report was presented from the City Attorney. Allan Beek addressed the Council in connection with the applicability of the ordinance to the quotation by candidates of statements made by their opponents, and was advised this did not apply. R. H. Spooner, Executive Vice President of the Newport Harbor Area Chamber of Commerce, addressed the Council and stated that he approved of the ordinance and recommended that the ordinance adhere as closely as possible to State statute. x Ordinance No. 1790 was reintroduced as amended X x x x x x and passed to second reading on February 26, 1979. x 3. Ordinance No. 1787, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.40 OF THE NEWPORT BEACH MUNICIPAL CODE TO CLARIFY THE PURPOSE OF THE ORDINANCE IN SECTION 15.40.020 ADDING OR CHANGING WORDING IN SECTIONS 15.40.030, 15.40.050 AND 15.40.070 (Traffic Phasing Ordinance), was presented. The following people addressed the Council and opposed the ordinance, or opposed the ordinance as presented: William Dohr, J. Leslie Steffensou and Suzanne Rudd. x Mayor Pro Tem Williams made a motion to adopt Ordinance No. 1787. X Councilman Heather made a substitute motion to X x postpone action until February 26 when the pro - x x x x x cedures for implementing the ordinance would be considered, which motion failed to carry. x x x x x A vote was taken on Mayor Pro Tem Williams motion, X which motion carried. x 4. A report was presented from the Community Develop- ment Department regarding the Planning Commission recommendations concerning definition of the term Volume 33 - Page 28 INDEX Elections 0 -1790 (12F) Traffic Phasing 0 -1787 (3006) Traffic Phasing (3006) CITY OF NEWPORT BEACH COUNCILMEN MINUTES ch�9� 9G 22 y� S �� ROLL CALL` d'� 9 d' February 12, 1979 INDFx • "reasonableness" as applied to a traffic phasing plan for "excepted" Planned Community Districts. Motion x Councilman Heather made a motion to accept the report and order it filed. Motion x Councilman Strauss made a substitute motion to Ayes x x x x x postpone action on this item, and direct that it Noes x x be returned to Council for action no later than March 12, which motion carried. The phasing plan of Emkay Development for the remainder of Newport Place Planned Community, Motion x which was conditionally approved by the Planning Ayes x x x x x Commission on February 8, is to be brought before Noes x x the Council on March 12. 5. A report dated January 8, 1979 was presented from Encroach - the Public Works Department regarding the appli- ment Pub cation of Skip Skibicki to encroach 1'9" into R -o -W/ Apolena Avenue with brick steps and landing at Apolena Av 1101 Balboa Avenue. (3143) A letter was presented from the Balboa Island Improvement Association opposing the encroachment. Skip Skibicki, applicant, addressed the Council. Gail Vinje Smith from the Balboa Island Improve- ment Association addressed the Council and opposed the encroachment. Motion x The application for encroachment into Apolena All Ayes Avenue was denied. 6. A report was presented from the Community Develop- Council ment Department regarding the results of the Right of Traffic Study prepared in connection with the Review/ proposal of Signal Development Corporation for Signal Dev general office buildings located at 4060 and Corp 4100 Campus Drive and 4063 Birch Street; zoned (3094) M -1 -A. Rollo Wedemeyer of Signal Development Company addressed the Council in response to a question by Mayor Pro Tem Williams, and stated that he antic- ipated-completion of the development in a year. Motion x The staff was directed not to issue the building Ayes x x x x permit, and findings were made that the ICU at Noes x the intersection of Bristol Street North and x x Campus Drive, with the improvement, is greater than .9 and that no additional traffic should be added to the intersection until further Systems' Improvements are made; and that the project, at the intersection of MacArthur Boulevard and Campus Drive, will make worse an unsatisfactory level • of service. Volume 33 - Page 29 CITY OF NEWPORT BEACH COUNCILMEN MINUTES ROLL CALL s'� 9 do February 12, 1979 INDFX • 7. City Arts Commission: City Arts Comsn Letters from Daniel G. Aldrich, Jr., Chancellor, (120F) and Charles R. Pieper, Business Manager Student Affairs, UCI, and from Gil Lawrence were presented endorsing Betty Tesman for a position on the Arts Commission. Councilman Hart, representing the Council Appoint- ments Committee, submitted the names of Janet L. Ennis and Carol Lynn Smith as nominees for the vacancy on the City Arts Commission. The names submitted by the Council Appointments Motion x Committee were accepted for consideration for All Ayes appointment to the City Arts Commission to fill the unexpired term of Mitch Teemley ending June 30, 1980. Motion All Ayes x 8. The following actions were taken in connection with the Citizens Advisory Committees: (District 1) Councilman Strauss' reappointment of B1cycle Dr. Hugo Schmidt as a member of the Bicycle Trails Trails Citizens Advisory Committee for a one -year term CAC expiring December 31, 1979 was confirmed. (205F) (District 1) Councilman Strauss' appointment of Litter members to the Litter Control Citizens Advisory Control • Committee to replace Nancy Moore and Betty Hogan CAC was postponed to February 26, 1979. (2046) (District 5) Mayor Ryckoff's appointment of Peggy Hillis as a member of the Litter Control Citizens Advisory Committee for a one -year term expiring December 31, 1979 was confirmed. (District 1) Councilman Strauss' reappointment of Trans Plan Ron Kennedy and Dan Gilliland as members of the CAC Transportation Plan Citizens Advisory Committee (960) for a one -year term expiring December 31, 1979 was confirmed. G. CURRENT BUSINESS: 1. Resolution No. 9500, establishing an ad hoc Councilmani. Councilmanic Redistricting Committee consisting of Redistrict - Motion x Councilman Strauss, Councilman Heather and Council- ing All Ayes man Hummel, was adopted. (513) 2. A letter to Councilman McInnis from Ocee Ritch CEQAC was presented expressing Mr. Hitch's appreciation (1058) for reappointment to the Environmental Quality Citizens Advisory Committee, but stating that he will be unable to serve due to business obligations. Motion x Mr. Ritch's resignation was accepted with regret; Ayes the City Clerk was directed to prepare a Certi- �11 ficate of Appreciation; and (District 2) Council- man McInnis' appointment of a member to fill the unexpired term was postponed to February 26. Volume 33 - Page 30 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 4i3� C�C',�0 ti yG �Zi 9 � � ROLL CALL �s February 12, 1979 inincv 3. A report was presented from the Parks, Beaches Council • and Recreation Director regarding amendments to Policy Council Policy I -5. (430F) Motion x Council Policy I -5, "Use, Priorities and Fees of All Ayes Facilities and Equipment" was amended as recom- mended. 4. A report was presented from the City Manager W Npt regarding West Newport Library Alternatives. Library (1459) Motion x The Parks, Beaches and Recreation Commission was All Ayes directed to study potential recreational uses and recovery of cost for the facility and report back to Council. 5. A report was presented from the Public Works Curb Cut/ Department regarding the application of Mr. and 2901 Ocean Mrs. Darwin Britvich to construct a 25- foot -wide Boulevard driveway and curb cut at 2901 Ocean Boulevard, (3180) Corona del Mar. Dick Dodd, architect representing the applicant, addressed the Council. Motion x Action was postponed, and the architect was All Ayes directed to bring back sketches of the proposed ramp in conjunction with the requested driveway. 6. Litter Control Citizens Advisory Committee: Litter Control Motion x The City Attorney was directed to amend the reso- CAC All Ayes lution establishing the duties and responsibilities (2046) of the Litter Control Citizens Advisory Com- mittee regarding the two liaison members from the Parks, Beaches and Recreation Commission to state that these two liaison members will be appointed by the Commission and will act as liaison to the Committee. 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 ordinances were introduced and set for public hearing on February 26, 1979: (a) Proposed Ordinance No. 1797, being, AN District ORDINANCE OF THE CITY OF NEWPORT BEACH Map 30 AMENDING A PORTION OF DISTRICTING MAP NO. 30 0 -1797 TO RECLASSIFY FROM THE R -3 -B -2 DISTRICT TO (1767) THE A -P DISTRICT CERTAIN PROPERTY LOCATED AT 2222 UNIVERSITY DRIVE AND ACCEPTING THE ENVIRONMENTAL DOCUMENT (AMENDMENT NO. 520), Planning Commission�Amendment No. 520, a request of James F.'Deane to amend a portion • of Districting Map No. 30 from the R -3 -B -2 Volume 33 - Page 31 CITY OF NEWPORT BEACH COUNCILMEN MINUTES F d+ ROLL CALL �0 9�s February 12, 1979 INDEX District to the A -P District, and the • acceptance of an Environmental Document on property located at 2222 University Drive on the northerly side of University Drive, easterly of Irvine Avenue, adjacent to the Orange Coast YMCA. AND A request of James F. Deane to consider a Traffic Study for a 69,720 sq. ft. office building complex located at 2222 University Drive on the northerly side of University Drive easterly of Irvine Avenue, adjacent to the Orange Coast YMCA. (A report from the Community Development Department) (b) Removed from the Consent Calendar. 2. The following resolutions were adopted: (a) Resolution No. 9501 urging the continuation Automobile of the present system of differentiating Insurance automobile insurance rates by geographic R -9501 territory, and opposing legislation pending (3183) in the State Legislature which would abolish such practice to the detriment of residents of the City of Newport Beach and Orange • County. (A report from the City Manager) (b) Resolution No. 9502 designating certain Parking areas in alleys for vehicle parking. (A Prohibitions report from the Traffic Affairs Committee) R -9502 (440F) (c) Resolution No. 9503 establishing fees for Public copying public records pursuant to Section Records 6257 of the California Government Code. R -9503 (A report from the City Attorney) (3153) (d) Resolution No. 9504 establishing the duties Litter and responsibilities of the Litter Control Control CAC Citizens Advisory Committee, and rescinding R -9504 Resolution No. 8653. (A report from the (2046) City Manager) (e) Removed from the Consent Calendar. (f) Resolution No. 9505 authorizing the Mayor Trfc Signal and City Clerk to execute a Signal Main- Maintenance tenance Agreement between the City of R -9505 Newport Beach and the City of Irvine in (1352) connection with the operation and mainten- ance of traffic signals under shared jurisdiction. (A report from the Public Works Department) (g) Resolution No. 9506 authorizing the Mayor Ford /Mac and City Clerk to execute a Cooperative Arthur • Agreement between the City of Newport Beach Intersecti: and the City of Irvine in connection with R -9506 (2872) Volume 33 - Page 32 CITY OF NEWPORT BEACH COUNCILMEN MINUTES AC� .0 -J G22 8` 'cf+ ROLL CALL 1P A\ ��s February 12, 1979 INDEX the Ford Road and MacArthur Boulevard • (S.H. 73) intersection modification (C- 1882). (A report from the Public Works Department) (h) Resolution No. 9507 authorizing the Mayor Safer Off - and City Clerk to execute Program Supplement System Road No. 02 to Local Agency -State Master Agree- Program ment No. 07 -5151 between the City of New- R -9507 port Beach and the State of California in (2995) connection with the Orange County Safer Off - System (S.O.S.) Road Program 1976 -77 and 1977 -78 (Installation of traffic signals on Birch Street at Quail Street). (A report from the Public Works Department) (i) Resolution No. 9508 designating an inter- Stop Signs section at which vehicles are required to R -9508 stop and directing the Traffic Engineer to (8F) erect necessary stop signs (Pacific View Drive and Spyglass Hill Road /Eastgate). (A re pert from the.Traffic Affairs Committee) (j) Resolution No. 9509 authorizing the Mayor Oil,Crude and City Clerk to execute an Escrow Agree- R -9509 ment between the City of Newport Beach, (674) Armstrong Petroleum Corporation, and Kern County Refinery, Inc. in connection with the price controls on City oil. (A report • from the City Attorney) (k) Resolution No. 9510 authorizing the City Workers' Manager to execute an application and Compensa- agreement for a Certificate of Consent to tion Self- insure against Workmens' Compensation R -9510 claims. (A report from the City Manager) (459F) (1) Resolution No. 9511 authorizing the Mayor Off -Site and City Clerk to execute an off -site Parking/ Parking Agreement between the City of Charlie's Newport Beach and Don Dean (Charlie's Cafe, Cafe Balboa Island). (A report from the Com- R -9511 munity Development Department) (3185) (m) Resolution No. 9512 authorizing the Mayor Lifeguard and City Clerk to execute an agreement Services between the City of Newport Beach and the R -9512 Orange County Harbors, Beaches and Parks (272) District for lifeguard services within the Santa Ana River_ Jetty unincorporated area. (A report from the Marine Department) (n) Resolution No. 9513 authorizing the Mayor Lifeguard and City Clerk to execute an agreement Rescue between the City of Newport Beach and the Boats County of Orange in connection with the R -9513 berthing of lifeguard rescue boats at the (3186) Orange County Harbors, Beaches and Parks District's facilities. (A report from the • Marine Department) (o) Removed from the Consent Calendar. Volume 33 - Page 33 CITY OF NEWPORT BEACH COUNCILMEN MINUTES "541 �9�CCC+9P� 0 y9c22� s s ROLL CALL �d mss February 12, 1979 INDEX • 3. The following communications were referred as indicated: (a) To staff for reply, a letter from Mrs. A. L. Moore enumerating complaints against TelePrompTer in connection with her cable television service. (Attached) (6) (b) To staff for inclusion in ongoing study, a letter from Jay Ferguson asking to lease the West Newport Beach Children's Library property for a commercial venture. (At- (1459) tached) (c) To Litter Committee for inclusion in ongoing study, letters from Mr. and Mrs. John H. Duthie objecting to any further escalation of penalties for dog owners. (Attached) (862) (d) To staff for reply, a letter to Mayor Pro Tem Williams from Mrs. John R. Stahr asking about the possibility of making the new auditorium at the Oasis Center available for youth groups to use. (Attached) (2784) (e) To staff for report back, a petition signed by thirteen neighbors concerning a nuisance situation at 709 Poinsettia Avenue in (600) • Corona del Mar. (Attached) (f) Removed from the Consent Calendar. (g) To staff for reply, a letter from George J. Jeffries regarding plan check fees. (923) (Attached) (h) To staff for report back, a letter from the Balboa Animal Hospital requesting a change in their contract with the City to allow them to close the animal shelter on Thursday (862) afternoons. (Attached) (i) Removed from the Consent Calendar. (j) To staff for reply, a letter to Mayor Ryckoff from Orange County Transit District regarding their proposed service change for June 1979 for the Balboa Peninsula. (1509) (Attached) (k) To staff for reply, a letter from the Local Agency Formation Commission regarding determination to be made on the proposed detachment from Irvine Ranch Water District designated Detachment No. 12 (Harbor View Hills Sector TV Annexation to the City, located immediately west of San Joaquin Reservoir in the east City Limits) (694) (Attached) Volume 33 - Page 34 CITY OF NEWPORT BEACH COUNCILMEN MINUTES F ROLL CALL MCP February 12, 1979 INDEX • 4. The following communications were referred to the City Clerk for filing and inclusion in the records: (a) A letter from Mrs. Ruth C. Wenner in support of the police helicopters. (Attached) (943) (b) A letter from Supervisor Riley regarding the operation of the new vessel waste pump - out station at the Harbor Patrol offices and advising that the facility is now functioning properly. (Attached) (1404) (c) A letter from the Voluntary Action Center enclosing a check for rental of the property at 1714 W. Balboa Boulevard, and expressing their appreciation for the use of the facility. (Attached) (2116) (d) A copy of a letter from the City of Seal Beach to the Orange County Auditor -Con- troller regarding that City's opposition to the charging of fees at County dumpsites. (95) (Attached) (e) A copy of a letter to Governor Brown from eleven tenants of the Domingo Apartments opposing an increase in rents. (Attached) (20) (f) A letter from Verdie Head of Akron, Ohio • regarding practices of the Bureau of Engraving and Printing. (Attached) (20) (g) A letter from the State Controller re- garding Highway Users Taxes and showing Newport Beach's proportionate share based on population of 64,327 to be as follows: Motor Vehicle License Fees ( "In- Lieu)) - $994,400; 1979 -80 Fiscal Year, Sec. 2106 - $351,800, Sec. 2107 - $291,900, Sec. 2107.5- $7,500; and Revised 1978 -79 F.Y. Sec. 2106 - $341,400. (824) (h) Resolution of the City of Santa Ana urging the continuation of the present system of differentiating automobile insurance rates by geographic territory, and opposing legis- lation pending in the State Legislature which would abolish such practice to the detriment of residents of the City of Santa Ana and Orange County. (3183) (i) A resolution of the City of Irvine opposing all forms of busing of school children to achieve racial and social balance. (3187) (j) A letter from the City of Burbank enclosing copies of a joint resolution adopted by the • City Council and the School Board in support of SCA -2 regarding school busing. (3187) (k) A resolution of the City of Seal Beach establishing its strong opposition to in- voluntary inter - school district busing of school children. (3187) Volume 33 - Page 35 CITY OF NEWPORT BEACH COUNCILMEN MINUTES ROLL CALL �0AN 9 s February 12, 1979 INDEX (1) A resolution of the City of Seal Beach • supporting the efforts of the California Mosquito and Vector Control Association and the Orange County Vector Control District in acquiring state subvention monies from the State Legislature. (1032F) (m) A resolution of the City of Placentia re- questing that the State Legislature adopt legislation creating a new State Highway District consisting solely of Orange County. (1680) (n) A notice to public entities in California which have purchased or paid for ampicillin and other semisynthetic penicillin drugs from the Clerk of the United States District Court for the District of Columbia advising that the State of California, through its Attorney General, has filed a lawsuit under the Federal antitrust laws against the manufacturers of empicillin and other semi - synthetic penicillin drugs. (20) (o) Before the Public Utilities Commission: Application No. 58393 of Southern California Edison for a rate increase. (20) Application No. 58302 of Michael A. Kadletz • dba Goodtime Tours and Company for certi- ficate of public convenience and necessity to offer a one -half day sightseeing tour between Buena Park and Newport Beach and Laguna Beach. (20) Applications of Orange Coast Sightseeing Company - No. 58410 for authority to establish a sightseeing service between its Buena Park and Anaheim Service Areas and the Terminal of Harbor Carriers, Long Beach; No. 58411 for authority to extend its Buena Park and Anaheim Service Areas; and No. 58412 for authority to establish a tour to Universal City Studios excluding NBC Studios. (20) (p) Agenda of the Board of Supervisors meetings of January 23, 24, 30, 31, February 6 and 7. (20) 5. CLAIMS FOR DAMAGES: For denial and confirmation of the City Clerk's Claims referral to the insurance carrier: (a) Claim of Luis Espinoza for damage to his Espinoza automobile in the parking lot at 3050 E. (3169) Coast Highway on January 19, 1979, allegedly caused when it was struck by a City trash • truck. (b) Claim of Donald and Helen Starling for Starling property damage to their home at 204 (3173) Volume 33 - Page 36 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 11 L/ i�L i�tJ C. 2i� •� 9�p y9s22i ROLL CALL �0 n�9 S February 12, 1979 INDFY • Evening Star Lane on December 11, 1978, allegedly caused by a broken City water main under their house. (c) Claim of Rupert Gilbert Carroll for personal Carroll injuries allegedly incurred in connection (3168) with his arrest on October 20, 1978. (d) Claim of Ronald M. Hooven for reimbursement Hooven for towing charges and storage fees which (3170) occurred when his car was towed away from in front of his house at 222 Cedar Street on January 26, 1979, allegedly in error. (e) Claim of Francis McDonald for damage to his McDonald automobile, allegedly caused when it was (3175) struck by a City truck in the City corpo- ration Yard at 592 Superior Avenue on January 16, 1979. (f) Subrogation claim of Orange County Insurance Orange Exchange for damage to the car of their County insured, Francis McDonald, allegedly caused Ins x•`__�. when it was struck by a City truck in the (3171) City Yard at 592 Superior on January 26, 1979. (g) Claim of James William Zerwelch for damage Zerwelch to his car on January 31, 1979 at Balboa (3176) • Boulevard and 36th Street allegedly caused when he was involved in an accident with a City truck. (h) Claim of Donald R. Steele, M.D. for personal Steele injuries received when he tripped on a tree (3174) root which was allegedly on City property at 2407 Buckeye on December 23, 1978. (i) Claim of Frederick G. Sawyer for damage to Sawyer one of his picture frames which was allegedly (3172) damaged beyond repair when the picture fell while it was on display in City Hall, 3300 Newport Boulevard on January 27, 1979. (j) Claim of George and Shirley Loftis for false Loftis arrest on October 30, 1978 at 27 Goleta (3179) Point Drive. For denial: (k) A request for leave to present late claim of Robinson Marlen..a,.Robinson alleging assault and (3178) battery by a Newport Beach Police Officer on October 18, 1978 at the Newporter Inn, 1107 Jamboree Road. (1) A request for leave to present a late claim Fox of Edward_ D.. Fox_. for personal. injuries..,_. (3177) • .- sustained by Mrs. Virginia Pearson when she fell on an allegedly improperly maintained sidewalk in front of Mr. Fox's home at 4621 Fairfield Drive, Corona del Mar, on July 15, 1978. Volume 33 - Page 37 CITY OF NEWPORT BEACH COUNCILMEN MINUTES ROLL CALL �tp 9 February 12, 1979 INDEX • 6. SUMMONS AND COMPLAINTS: For confirmation of the City Clerk's referral to the insurance carrier: (a) Summons and Complaint of Frank Arciero for Arciero damages, Case No. 30 -45 -60 in Orange County (3013) Superior Court. The original claim was for personal injuries which allegedly occurred while he was being arrested on April 25, 1978. (b) Summons and Complaint of Cynthia F. Ellett Eller for damages, Case No. 30 -38 -11 in the Orange (2988 County Superior Court. The original claim was for personal injuries allegedly sus- tained when a bleacher bench on which she was sitting gave way at "B" Street beach park. (c) Summons and . omplaint of Gordon West for West personal injuries Case No. 305880 in the (3091) Orange County Superior Court. The original claim was for personal injuries sustained on July 5 and 6, 1978 when he was allegedly assaulted and battered by Newport Beach Police Officers in connection with his arrest. • (d) Summons and Complaint of David D. and Wilcox Sharon D. Wilcox for Conversion, Civil Con- (3026) spiracy and Intentional Infliction of Emotional Distress, Case No. 34139 in the Orange County Municipal Court, Harbor Judicial District. The original claim alleged that the Finance Director of the City took $58.00 from Mr. Wilcox's Salary Continuance check and gave it to the New- port Beach Federal Credit Union without his permission. 7. REQUEST TO FILL PERSONNEL VACANCIES - For approval: (A report from the City Manager) (1203F) (a) Two Maintenance Man I positions in the General Services Department to fill positions now vacant. (b) Two Firefighter positions in the Fire Department to fill positions now vacant. (c) Three Police Officer positions in the Police Department to fill positions now vacant. (d) One Recreation Superintendent in the Parks, Beaches and Recreation Department to fill a position now vacant. • (e) One Custodial Officer in the Police Depart- ment to fill a position now vacant. Volume 33 - Page 38 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 9 l C� y P ROLL CALL` �J 9 s February 12, 1979 INDEX • B. The following staff report was received and ordered filed: (a) A report from the Public Works Department CATV regarding trench patching. (6) 9. There were no public hearings scheduled. 10. The work on the water and sewer replacement across BI Water & Grand Canal, Balboa Island, Contract No. 1959, Sewer Main was accepted; and the City Clerk was authorized Replacement to file a Notice of Completion and to release the (2881) bonds 35 days after Notice of Completion has been filed. (A report from the Public Works Depart- ment) 11. Council Policy A -13, "Use of City Stationery by Cncl Policy Councilmen" was approved. (430F) 12. 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: (A report from the Marine Department) #116 -720, Newport Harbor Yacht Club, 720 West Bay Avenue 11112 -506, T.H.D. Company, 506 East Bay • Avenue 13. Liquidated damages in the amount of $3,900.00 BI Grand were assessed in connection with the Balboa Island Canal Grand Canal bulkhead coping repair, Contract No. Bulkhead 1860. (A report from the Public Works Department) (2870) 14. The following Budget Amendments were approved: BA -038, $100.00 increase in Budget Appropriations and increase in Revenue Estimates for purchase of books for all branch libraries with donation from Tuesday Club, from Unappropriated Surplus and Donations and Contributions to Library, Special Departmental Expense, Library Fund. BA -039 - Removed from the Consent Calendar. BA -040, $400.00 increase in ,Budget Appropriations for purchase of a remote control radio for Park Supervisor, from Unappropriated Surplus to PB &R - Parks, Parkways, Etc., Equipment, N.O.C., Park and Recreation Fund. (A report from the Parks, Beaches and Recreation Director) BA -041, $660.00 transfer of Budget Appropriations for purchase of four 3- drawer legal filing cabi- nets for City Clerk's office in lieu of con- struction of wooden filing drawers, from Unappropriated Contingency Reserve, Remodel City • Hall to City Clerk - Office Equipment, General Fund. Volume 33 - Page 39 1 CITY OF NEWPORT BEACH COUNCILMEN MINUTES Z/L Z d}'yC, 'lid 9 pn y S Zi F S ROLL CALL �d'� 9 s February 12, 1979 INDEX • I. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report was presented from the Community Develop- Newport ment Department regarding the request of Pacific Center Mutual Life Insurance Company to establish a Block 800 Planned Community Development Plan and Development P -C Dev Standards for Block 800 in Newport Center. Plan (3181) Steven Gavin, representing Pacific Mutual Life Insurance Company, addressed the Council and asked that the ordinance be set for public hearing on February 26. A proposed ordinance, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ESTABLISHING A PLANNED COM- MUNITY DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS FOR BLOCK 800 IN NEWPORT CENTER AND THE ACCEPTANCE OF AN ENVIRONMENTAL DOCUMENT, Planning Commission Amendment No. 526, a request of Pacific Mutual Life Insurance Company to establish a Planned Community Development Plan and Development Standards for Block 800 in Newport Center and the acceptance of an Environmental Document on property located at 800 Newport Center Drive, on the westerly side of Newport Center Drive, northerly of Santa Barbara Drive in Newport Center; zoned P -C, was presented WITH • A request of Pacific Mutual Life Insurance Company to consider a Traffic Study for two ten -story office structures and a free - standing restaurant located at 800 Newport Center Drive, northerly of Santa Barbara Drive in Newport Center; zoned P -C. AND Resubdivision No. 612, a request of Pacific Mutual Life Insurance Company to subdivide 17.4 acres into two parcels for professional, office, restaurant, and residential condominium uses in accordance with proposed Planned Community Development Standards for Block 800 in Newport Center on property located at 800 Newport Center Drive, northerly of Santa Barbara Drive; zoned P -C. AND A request of The Irvine Company to reallocate 66,015 sq. ft. of proposed office building develop- ment from Block 500; 58,680 sq. ft. from Pacific Coast Highway East and West; and 44,010 sq. ft. from Avocado/MacArthur; and at the option of The Irvine Company and Pacific Mutual, prior to recordation of the parcel map, the reallocation from either Block 500 or Block 700 of 93,280 sq. • ft., making 350,000 sq. ft, available for potential office building. Additionally, The Irvine Company requests that 4,156 sq. ft. of space be reallocated from Pacific Coast Highway Volume 33 - Page 40 CITY OF NEWPORT BEACH COUNCILMEN MINUTES oy9c22 F 's ROLL CAL C �s(T pis February 12, 1979 INDEX East and West, and 1,511 sq. ft. of space from • either Block 500 or Block 700, at their option, be reallocated to Block 800 in Newpot Center to allow for the construction of a 10,000 sq. ft. restaurant which would contain a maximum of 5,667 sq. ft. of net public area. Motion x The proposed ordinance was postponed to the Study Ayes x x x x x x Session of February 26, 1979. Noes x 2. Resolution No. 9514, authorizing the Mayor and Parking City Clerk to execute an agreement between the Citations City of Newport Beach and Science Applications, R -9514 Inc., in connection with the Parking Citation (3184) Management Program, was presented. Motion x Councilman Strauss made a motion to postpone adoption of the resolution until more information could be obtained regarding citations issued in other cities. Motion x Councilman Hummel made a motion to adopt Resolution Ayes x x x x x x No. 9514, which motion carried. Noes x 3. A letter and a resolution from the City of Fountain Metropolitan Valley were presented in connection with the Plan • "Metropolitan Plan" for desegregation of the Los Angeles Unified School District. (3187) Motion x Councilman Strauss made a motion to refer the material to the Newport -Mesa Unified School District for their action. Motion x Councilman McInnis made a substitute motion to Ayes x x x adopt a proposed resolution declaring the Noes x x x x opposition of the City Council to metropolitan - type desegregation plans in general, and to the proposed Metropolitan Plan submitted to Judge Paul Egly in particular, which motion failed. Ayes x x x x x x A vote was taken on Councilman Strauss' motion, Noes x which motion carried. 4. A report was presented from the Parks, Beaches and Transfer Recreation Commission regarding relocation of the Station transfer station at Corona del Mar Main Beach. (18F) BA -039, $1,500.00 increase in Budget Appropriations for relocation of the Corona del Mar Main Beach transfer station, from Unappropriated Surplus to Motion x Parks, Parkways, etc., Maintenance and Repair All Ayes Materials, General Fund,was approved. 5. A letter from Stephen J. Parker regarding his Master Plan suggestions relative to the City's Master Plan of Sts & Hwys • Streets and Highways was referred to staff for (29) Motion x reply with a copy of the reply to come back to All Ayes Council. Volume 33 - Page 41 COUNCIL meMEN 'Alf O tiG2� ROLL CALL , �' P ion Ayes Motion Ayes Noes Abstain Motion Ayes Noes Abstain • • CITY OF NEWPORT BEACH MINUTES February 12, 1979 INDEX :ement )F) ail Right view/ �� 9 cil Right eview 898 8) 6. A letter from NIWA regarding possible changes in Weep X the City's weed abatement procedure was referred Aba to staff for report back. (151 J. ADDITIONAL BUSINESS: X 1. A public hearing was set for February 26 to review Coun x x x x the action of the Planning Commission approving of Ri X x Use Permit No. 1889, a request of Edward B. UP L x Robinson to permit the construction of 2 two -story (318 . buildings that may include a mixture of retail, office and light manufacturing uses on a site in the Recreation and Marine Commercial area of the Mariners' Mile Specific Plan Area, and the acceptance of an Environmental Document. A modi- fication from the required parking standards is also requested, since a portion of the required offstreet parking spaces are for compact auto- mobiles. Existing uses along the West Coast Highway frontage of the property and a portion of Larson's Shipyard facility are proposed to remain on the site in conjunction with the proposed development. X 2. A public hearing was set for February 26 to review Coun the action of the Planning Commission approving of R x x x x x x Use Permit No. 1898, a request of Latham Perkins, UP 1 x Ed Ziemer, Paul Balalis, Anthony Vasi and Charles (318 Pigneri to permit the construction of an office building that exceeds the basic height limit within the 26/35 Foot Height Limitation District, and the acceptance of an environmental document. A modification to the Zoning Code is also re- quested since a portion of the structure, off - street parking spaces and a boat crane encroach into the required 5 foot front yard setback along 20th Street. Furthermore, a portion of the structure encroaches to the southerly side pro- perty line (where the Ordinance requires a 3 foot side yard setback). A portion of the existing Pacific Tides Marine boat repair and drydock is proposed to remain on the site in conjunction with the proposed development. There being no further business to come before the Council, the Mayor declared the meeting adjourned at 11:15 P.M. Mayor ATTEST: City 1 t' _E �? 6 Volum :ement )F) ail Right view/ �� 9 cil Right eview 898 8)