HomeMy WebLinkAbout08/23/1976 - Regular MeetingCOUNCILMEN
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CITY OF NEWPORT BEACH
Regular Council Meeting
Place: Council Chambers
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Time. 7:30 P.M.
en Date: August 23 1976 IND.
Present
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Roll Call.
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The reading of the Minutes of the Regular Meeting of
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August 9, 1976 were approved as written and ordered
Absent
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filed.
Motion
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The reading in full of all ordinances and resolutions under
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consideration was waived, and the City Clerk was directed
Absent
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to read by titles only.
HEARINGS:
1. Mayor Rogers opened the continued public hearing
Wallis
regarding the appeal of J. D. Walling from the
Appea:
decision of the Planning Commission in rehearing and
denying Variance No. 1053, a request to permit a
detached garage on the front one -half of a lot in
the R -1 District which exceeds the height limitation
district; located at 1113 Kings Road, on the souther-
ly side of Kings Road, easterly of St. Andrews Road
in Cliff Haven.
A report was presented from the Community Development
Department.
Councilman Barrett stepped down from the Council
table because of a possible conflict of interest.
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Arthur T. Jones, attorney for Mr. Walling, addressed
the Council and stated that Mr. Walling was willing
to reduce the height of the garage structure by four-
teen inches.
The following people addressed the Council and
opposed the garage construction and /or the proposed
fourteen -inch height reduction: Tom Henderson,
Holly Henderson and George McCauley.
Motion
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The hearing was closed after it was determined that
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no one else desired to be heard.
Absent
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Motion
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The decision of the Planning Commission was sustained,
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including by reference the findings of the Planning
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Commission; and Variance No. 1053 was denied.
Absent
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Councilman Barrett resumed his seat at the Council
table.
CONTINUED BUSINESS:
1. A report was presented from the City Council Open
Open
Space Bond Election Committee with recommendations for
Bond
Council regarding the proposed Open Space Bond
Elect
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Election.
A letter from Curt A. Herberts II was presented
suggesting the City acquire a piece of view property
in Corona del Mar above the Big Corona parking area on
Heliotrope Avenue.
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A letter was received after the Agenda was printed from
the Newport Crest Homeowner's Association suggesting
Proposition #11 passed by the electorate in June as a
possible means for the City to acquire land for open
space.
The following people addressed the Council in favor
of an open space /park bond election, but with differing
opinions of the parcels that should be included: John
Shea, President of the West Newport Beach Improvement
Association, read into the record an article written
in 1970 from a Newport Beach newspaper regarding the
establishment of a West Newport Park; Terry Walsh;
Joan Doherty, member of the Board of Directors of
Newport Crest, read verbatim two letters which their
Board had sent to the Council; Bob Coats; Louise
Greeley presented a petition bearing 344 signatures
of Newport Beach residents requesting that the State-
owned bluff between Pacific Coast Highway and
Newport Crest be included in the bond election;
John Stuart asked that the Bluffs Homeowners Associ-
ation be allowed to participate in negotiations with
The Irvine Company on the Land Trade Remnant; and
Micki Skversky.
Phil Ringle addressed the Council and opposed the
inclusion of the Bayside and Marine property in the
list of parcels to be purchased.
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Larry Moore of The Irvine Company addressed the
Council in connection with the property at Bayside
and Marine and confirmed the Company's position that
it would recognize the appraisal value that the City
had obtained on the property.
Councilman Kuehn arrived and took her seat at the Council
table.
Motion
x
Councilman Ryckoff made a motion that the date for
the holding of the Special Municipal Election for
open space improvement bonds be set with the March
School Board Election; that the necessary steps be
taken to implement the election; and that this bond
issue be directed for the following properties:
(a) West Newport P. E. right -of -way $ 130,000
(b) Lot at Bayside and Marine Avenues 870,000
(c) 30 acres of the Castaways property 6,000,000
(d) Parcels in the Eastbluff area 300,000
Motion
x
Councilman Williams asked that the motion be amended to
change the date for holding the election to the last
Tuesday in May, 1977, which amendment was not accepted
by the maker of the motion.
Mike Johnson addressed the Council in favor of the
proposed bond election to be held as a special
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election.
Motion
x
Councilman McInnis asked that the portion of the
motion relating to the properties to be acquired
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be amended to reflect the following properties and
development costs, which amendment was not accepted by
the maker of the motion.
(a) Acquisition
Semeniuk Slough $ 100,000
West Newport Park 450,000
West Coast Highway Bluffs 2,000,000
Marine - Bayside 870,000
Castaways 1,700,000
Tustin & University Area 400,000
Eastbluff Area Extension 300,000 .
San Joaquin Hills Extension 400,000
Corona Highlands Tot Lot 75,000
(b) Development
Ensign View Park 200,000
Marina Park 150,000
West Jetty View Park 15,000
Mariners Park 60,000
Spyglass Hill Park 250,000
Spyglass Hill Play Lot 40,000
Corona Highland Tot Lot 5,000
Ayes
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A vote was taken on Councilman McInnis' motion to amend
Noes
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which motion carried.
Ayes
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A vote was.taken on Councilman Williams' motion to
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amend, which motion carried.
A vote was taken on Councilman Ryckoff's main motion to
direct the staff to take the necessary steps to im-
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plement the election, which motion carried.
2. A letter dated June 4 from Thomas W. Quinton of Harbor
Poli
View Shell was presented requesting a towing contract
Tow
with the Newport Beach Police Department.
Truc
Sery
Motion
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The request of Harbor View Shell was denied without
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prejudice.
Motion
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3. (District 5) Councilman Ryckoff's appointment of Burr
Envi
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Allegaert as a member of the Environmental Quality
men
Control Citizens Advisory Committee to fill the vacancy
Qual
created by the resignation of Stephen E. Donaldson was
Cont
approved.
Citi
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Motion
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4. (District 5) Councilman Ryckoff's appointment of a
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member to the Bicycle Trails Citizens Advisory Committe
Bic
to fill the vacancy created by the resignation of Helen
Tra
Reeder was postponed to September 13.
Citi
Adv
CURRENT BUSINESS:
1. A report from the Marine Department regarding the
Boat
request of Dick Wandrocke to allow overnight storage
Stor
of approximately 35 boats on the public bay beach at
18th and West Bay Avenue on September 15, 1976 in con-
junction with the 9th Annual Hobie Cat Regatta to be
sponsored by the Ancient Mariner was presented with
the request letter from Dick Wandrocke.
Municipal Code Sections 17.16.021 and 11.08.030 were
waived; and the special request for overnight boat
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COUNCILMEN CITY OF NEWPORT BEACH MINUTES
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storage on the public bay beach at 18th and West Bay
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on September 15 was granted, subject to the conditions
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recommended by the staff.
2. A letter was presented from Tom Gleason resigning
City ,
from the City Arts Commission due to other priorities.
Comsn
Motion
x
Councilman Kuehn made a motion to accept Mr. Gleason's
resignation with regret; to direct the City Clerk to
prepare a Certificate of Appreciation; and to postpone
the appointment of a member to the City Arts
Commission to fill the vacancy created by the resigna-
tion of Mr. Gleason for a term ending June 30, 1978.
Councilman McInnis asked that the motion be amended
to postpone the appointment of a member to Septem-
ber 27, which amendment was accepted by the maker of
the motion.
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A vote was taken on Councilman Kuehn's amended motion,
which motion carried.
3. A letter from the Orange County Health Planning
OrCo
Council asking for a written reconfirmation of Harry G.
Healtl
Bubb as the City representative on the Assembly of
Plann:
Delegates, and for notification regarding the appoint-
Counc:
ment of an alternate was presented.
Motion
x
The City Clerk was directed to write a letter to the
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Orange County Health Planning Council regarding the
City's appointment of William Cunningham as alternate,
and reconfirming Harry G. Bubb as the City's
representative.
4. A letter from Robert Roubian was presented regarding
Off -S
present traffic patterns within the Arcade and asking
Prkg,
permission to address the Council on the matter.
Old
Spagh,
Robert Roubian, proprietor of the Crab Cooker,
Facto
addressed the Council and read a declaration protest-
ing the parking operation of the Old Spaghetti Factory
in the Arcade.
Motion
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Mr. Roubian was granted three additional minutes for
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his presentation.
Motion
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Mayor Rogers made a motion directing that the matter
of the Old Spaghetti Factory off -site parking agree-
ment be brought back on September 13 with a report on
the Arcade parking plan.
Michael Gering, attorney representing Mr. Roubian, and
Roger Bloxham addressed the Council regarding the fact
that the Old Spaghetti Factory was not using valet
parking.
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A vote was taken on Mayor Rogers' motion, which motion
carried.
5. A report was presented from the City Manager regarding
Tax R
the 1976 -77 property tax rate.
Resolution No. 8877, fixing the tax rate and levying
R -887
a tax upon all of the taxable property within the
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City of Newport Beach which is taxable therein
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for municipal purposes and levying a special assess-
ment tax upon the taxable property located within
Assessment District No. 50 (Balboa Island Street
Motion
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Lighting District); setting the tax rate at $1.11 per
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hundred dollars of assessed valuation.
6. A letter from the Orange County Division of the
OrCo
League of California Cities regarding paramedic
Paramedi
proposals for Orange County and asking that the City
state a position regarding paramedics for Orange
County was presented.
The City's representative to the Orange County
Motion
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Division of the League was directed to state the
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City's position on paramedics for Orange County
at the Executive Meeting on September 9 as follows:
"That we are moving ahead with our program, and would
like to see a County -wide system that would fit in
with ours but would not decrease the level of service
that we are providing for our own citizenry; and that
efforts should be made for cooperation between
communities, including mutual aid where paramedics can
cross city boundaries for the shortest response time
and for back -up. A County -wide service tax area shall
not be established."
CONSENT CALENDAR:
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The following items were approved by one motion affirming
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the actions on the Consent Calendar:
1. The following resolutions were adopted:
(a) Resolution No. 8878 setting forth the eastern
Sphere
boundary of the Downcoast Sphere of Influence
of
and giving assurance that the City does not
Influenc
intend to extend that boundary further to the
R -8878
east. (Report from the City Manager)
(b) Resolution No. 8879 reaffirming various Standing
Council
and Ad Hoc City Council Committees; establishing
Ad Hoc
the Beacon Bay Lease Committee; and rescinding
Committe,
Resolution No. 8853.
R -8879
(c) Resolution No. 8880 approving the City's portion
FAU
of the 1980 Functional Usage Study, the urbanized
Projects
area boundaries of the City and the designation
R -8880
of federal aid urban routes in the City. (Report
from the Public Works Director)
2. The following communications were referred as
indicated:
(a) To staff for study and report back, a letter
Encroach
from fifty concerned property owners regarding
ment/
the ice plant that has encroached into the
105 Edge•
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public right -of -way to the beach on Edgewater
water
Avenue and requesting that it be completely
removed before it becomes "permanent" as in the
area between Buena Vista and Island Avenues.
(Copies mailed to Council)
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(b) To staff for study and report back, letter from
Traffic
the Balboa Improvement Association regarding the
Peninsula traffic problems and suggesting a stop
Signal
Priorit;
and go signal that would give preference to
through automobile traffic on Balboa Boulevard.
(Copies mailed to Council)
(c) To staff for study and report back, letter from
Traffic
the Balboa Peninsula Point Association regarding
Signal
pedestrian traffic at Main Street and Balboa
Priorit
Boulevard, and requesting a high priority for a
signal at this location. (Copies mailed to
Council)
(d) Removed from the Consent Calendar.
3. The following communications were referred to the
City Clerk for filing and inclusion in the records:
(a) A letter from Mrs. William Westover and family
expressing their appreciation of the City's
paramedic team for saving the life of Mr.
.Westover when he suffered a massive heart attack.
(Exhibit)
(b) A letter from the Balboa Peninsula Point Associ-
ation regarding Bicycle Trail Plans along the
ocean front sandy beaches, and expressing
concern for the accidents that have happened in
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the past as well as those in the future because
of extended trails along the beach. (Copies
mailed to Council)
(c) A letter from Russell A. Burke advising that he
was knocked down by a bicyclist while he was
leaning against the wall on the Ocean Front
public walk at 20th Street, and also listing
suggestions for safe usage. (Copies mailed to
Council)
(d) A copy of a letter to the Irvine World News from
Carter McDonald opposing removing limitations on
the hours of commercial flight operation and the
number of flights. (Copies mailed to Council)
(e) A letter from the Newport Crest Homeowner's
Association thanking Council for their action on
landscaping of the recreational vehicle storage
area at the Pacific Coast Highway City Parking
Lot; and their appreciation of the appointment
of an ad hoc committee to study the open space
acquisition project. (Copies mailed to Council)
(f) A resolution of the City of Fountain Valley
urging the California State Legislature to
review the State Property Tax Structure and to
enact such appropriate legislation as may be
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deemed necessary to provide property tax relief
to homeowners. (Copies mailed to Council)
(g) A letter from the California Water Resources
Association enclosing a joint resolution of the
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Sierra Club and the California Water Resources
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Association News Release urging the federal and
state governments to expedite an "early con-
clusion" regarding the $2.8 billion State Water
Project and the $3 billion Central Valley
Project. (Exhibit)
(h) Notice of Proposed Tariff Changes before the
Public Utilities Commission by Western Union
Telegraph Company to revise its rates applicable
to public message telegram and money order
services.
(i) A Notice of Application before the Public
Utilities Commission by the Greyhound Lines,
Inc. for an increase in intrastate passenger
fares and express rates.
(j) A Notice before the Public Utilities Commission
and Energy Resources Conservation and Develop-
ment Commission into the availability and
potential use of solar energy in California.
(k) Agenda of the Board of Supervisors meetings held
August 10, 11, 17, 18, 1976.
4. The following claims were denied and the City Clerk's
Claims
referral to the insurance carrier was confirmed:
(a) Claim of Richard E. Cly for property damage
Cly
allegedly caused when his car was struck by a
City vehicle at the on -ramp of Coast Highway and
Newport Boulevard on August 2, 1976.
(b) Claim of James P. Hawkins for towing costs
Hawkins
incurred when his car was towed away from in
front of his home at 619 Poppy Avenue on two
occasions, January 4 and February 26, 1976, as
well as for legal and notary fees incurred for a
court action which allegedly cleared the charges
on April 30, 1976.
(c) Claim of Jadollah Hessami for damage to his car
Hessami
on Collins Island allegedly caused when a City
truck backed into it on June 26, 1976.
(d) Claim of Steven Noble for damage to his automo-
Noble
bile allegedly caused when a City vehicle struck
his car on June 2, 1976 at 107 - 12th Street.
(e) Claim of Marjorie B. Gruenau for personal injuries
Gruenau
allegedly sustained when she tripped over a
crack in the sidewalk and fell at the corner of
Onyx and Park Avenue, Balboa Island on July 29,
1976.
(f) Claim of Anthony Richards for damages to his car
Richarc
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allegedly caused when a City vehicle struck it
at 35th Street and Balboa Boulevard, Newport
Beach on July 13, 1976.
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Newport Center Fire Station #3, and the installation
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of stop- motion pressure plates to the large roll -up
overhead doors, from Unappropriated Contingency
Reserve to Modification of Hose Tower Station #3,
General Fund.
BA -12, $279,000 decrease in Budget Appropriations for
return of funds to surplus since project was en-
cumbered in 1975 -76, to Unappropriated Surplus,
Building Excise Tax to Acquire Newport Center Library
Site, General Fund.
BA -13, $17,000 increase in Budget Appropriations and
decrease in Unappropriated Surplus for carry -over
amount returned to surplus at year -end to complete
construction of Police Pistol Range, Capital Improve-
ment Fund.
BA -14, $9,000 increase in Budget Appropriations and
decrease in Unappropriated Surplus for completion of
the Utility Service Yard at 16th Street Reservoir.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A letter from Harry G. Bubb was presented expressing
Heal
concern over the City's self- insurance program and
Insu
presenting several questions for consideration.
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The following people addressed the Council and
expressed concern over the City's intended self -
insurance program: Dick Clucas, William Cunningham,
David Scruggs and Wendell Fish.
Ed Huffman, the City's insurance consultant, answered
questions by the Council in connection with the
City's insurance alternatives.
Motion
x
The staff was directed to review the matter and to
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report back to the Council on September 13.
2. The application of Becky Sanchez to use live music
Sour
for entertainment at 423 Fullerton, Newport Beach, on
Ampl
Saturday, August 28 from 7:00 to 10:00 or 11:00 P.M.
tic
was presented.
Peru
A report was presented from the Police Department.
Motion
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The application was approved, subject to the conditions
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that Becky Sanchez sign the application, that the
hours of use be from 7:00 P.M. to 11:00 P.M., and that
the distance of sound projection be reduced from 200
yards to 150 feet.
ADDITIONAL BUSINESS:
1. A report was presented from the City Manager regarding
Wesi
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acquisition of the Pacific Electric right -of -way.
Newl
Parl
Motion
31
Immediate acquisition of the eastern end of the
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Pacific Electric right -of -way was authorized.
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2. The Environmental Impact Report on the widening of
Jambo
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Jamboree Road was set for public hearing on
Road
September 13.
Widen.
3. A letter from the San Bernardino County Environmental
Energ;
Improvement Agency asking for the City's support for
Conse:
the California proposal for a 10 MWE solar tower to
tion
be located about twelve miles east of Barstow was
presented.
Motion
x
Resolution No. 8881, urging the Federal Energy
R -888:
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Resources and Development Administration (ERDA) to
locate a solar electric demonstration plant near
Barstow, County of San Bernardino, California at the
existing Coolwater facility in conjunction with the
joint proposal of the State of California, State
Energy Commission (SERCDC), Southern California
Edison Company, Los Angeles Department of Water and
Power and the California Department of Water
Resources, was adopted.
Mayor Rogers adjourned the meeting at 11:15 P.M.
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Mayor Pfr ; em
ATTEST:
City C?-91k
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