HomeMy WebLinkAbout01/09/1978 - Regular MeetingCITY OF NEWPORT BEACH
COUNCILMEN MINUTES
�o vp o� G n REGULAR COUNCIL MEETING
\-A\ oPlace: Council Chambers
�y N Time: 7:30 P.M.
ROLL CALL \ Date: January 9, 1978
esent .
x
x
x
x
x
x
x
Roll Call.
The reading of the Minutes of the Regular Meeting of
December 12, and of the Adjourned Meeting of
Motion
x
December 19, 1977 was waived, and said Minutes were
Ayes
x
x
x
x
x
x
x
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 directed to read by titles only.
HEARINGS:
1. Mayor Dostal opened the public hearing regarding
Parking
the parking and striping on Riverside Avenue
Prohibitions
adjacent to the post office.
(440F)
A report was presented from the Public Works
Department.
John Miller addressed the Council and presented
a petition bearing 150 signatures asking that
the green parking zone in front of the Riverside
Avenue Post Office be restored.
The following people addressed the Council in
favor of the present striping and/or the
present striping modified to provide further
safety for bicyclists: Ray Fox, Annie Sammis,
Karen Parsons, Greg Lowitz, Mrs. Clifford
Demmer for the Newport Heights Community
Association, Willard Courtney for Cliff Haven
Community Association, Alexander George Rich,
Dr. Stephen Sholkoff, Robert Newcomb and Dan
Skilling.
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
Councilman McInnis made a motion to retain
the existing channelization and curb markings
on Riverside Avenue at the Post Office.
Councilman Kuehn asked that the motion be
amended to include a direction to the staff
to continue to work with the Post Office and
request the Post Office to make a portion of
their parking lot used for official post
office vehicles available for patrons of the
Post Office between 10:00 a.m. and 4:00 p.m.,
and to provide on -site drive -thru mail drop
boxes at the rear of the Post Office, which
amendment was accepted by the maker of the
motion.
Ayes
x
x
x
x
x
x
A vote was taken on Councilman McInnis'
Noes
x
amended motion, which motion carried.
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Volume 32 - Page 1
CITY OF NEWPORT BEACH
COUNCILMEN
January ROLL CALL \ \ Y 9 1978
MINUTES
flR§lzi
2. Mayor Dostal opened the public hearing regarding
HUD
the determination of community needs which
(2082)
might be addressed through a fourth year
application under the HUD Community Development
Block Grant Program, and soliciting comments
and suggestions from the public on appropriate
activities for funding under the program.
A report.was presented from the Community
Development Department.
A letter from Friends of OASIS was presented
with a recommendation for use of present
funds.
A letter from Mary and Jim Madison was presented
opposing the HUD funds.
The following people addressed the Council in
favor of the fourth year HUD Block Grant
Program: Elsie Kroesche, representing the
League of Women Voters, who read a prepared
statement; Bill McCue, Director of the Fair
Housing Council; and Connie Mumford who
stressed the need for expansion of the OASIS
adult center.
Motion
x
Elsie Kroesche was granted seven minutes for
�- es
x
x
x
x
x
x
x
her presentation.
Motion
x
Connie Mumford was granted an additional
Ayes
x
x
x
x
x
x
x
minute for her presentation.
The following people addressed the Council
and opposed the fourth year HUD Block Grant
Program: Herb Schurter, Goldie Joseph, Shirley
Knutsen, Richard Fox, C. E. Brown, Robert
Spreen, Bob Millar, Daniel Emory, Paul Hummel
and Marjorie Hillson.
Parks, Beaches and Recreation Director Cal
Stewart addressed the Council and stated that
the letter from the Friends of OASIS expressed
their need for additional space and request
for a larger facility, and asked that Council
take action on this letter separately.
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
There is to be no fourth year application
Ayes
x
x
x
x
x
x
x
made under the HUD Community Development
Block Grant Program.
Motion
x
The issue of the OASIS center was set for
Ayes
x
x
x
x
x
x
x
public hearing on January 23 to consider an
application amendment to HUD and a possible
Budget amendment.
Volume 32 - Page 2
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
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ani i cel i `� A January 9, 1978 INDEX
CONTINUED BUSINESS:
1. A letter from Carter B. Wurts was presented
Curb Cut
concerning closure of curb cut at 2700 Ocean
Abatements
Boulevard.
(687)
A report was presented from the Public Works
Department.
Motion
x
The Council reconsidered its action of
Ayes
x
x
x
x
x
x
x
November 14, 1977 regarding the closing of
sixteen feet of the curb cut of Carter Wurts
at 2700 Ocean Boulevard, Corona del Mar.
Carter Wurts addressed the Council regarding
the curb cut in front of his residence.
Motion
x
Only eight feet of the curb cut in front of
Ayes
x
x
x
x
x
x
x
2700 Ocean Boulevard, Corona del Mar, is to
be closed.
2. The statement for Mayor Dostal's presentation
SE OrCo
to the Orange County Environmental Management
Circulation
Agency at the public meeting to consider the
Study
Motion
x
San Joaquin Transportation Corridor was
(2158)
Ayes
x
x
x
x
x
x
x
approved.
3. The following appointments to the Citizens
Motion
x
Advisory Committees for a one -year term
s
x
x
x
x
x
x
x
expiring December 31, 1978 were confirmed:
(District 3) Mayor Pro Tem Barrett's
Bicycle
appointment of Willard Courtney to the
Trails
Bicycle Trails Citizens Advisory Committee
CAC
to replace Allan Beek.
(205F)
(District 3) Mayor Pro Tem Barrett's
CEQAC
appointment of a member to the Environmental
(1058)
Quality Control Citizens Advisory Committee
to replace Duncan,McIntosh was postponed
to January 23.
4. A letter from the U. S. Army Corps of Engineers
Tidelands
was presented concerning the sinking of a
(67)
liberty ship two miles offshore of West
Newport Beach.
Motion
x
The subject was tabled.
Ayes
x
x
x
x
x
x
x
CURRENT BUSINESS:
1. A report was presented from the Parks, Beaches
Park
and Recreation Director concerning the contract
Maintenance
(2440)
maintenance agreement for the Eastbluff work
unit (five areas of landscape in the vicinity
of Eastbluff Park).
x
The maintenance contract is not to be renewed.
�tion
es
x
x
x
x
x
x
x
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Volume 32 - Page 3
COUNCILMEN
ROLL CALL
9
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Motion
Ayes
Motion
Ayes
Noes
Motion
Ayes
•
Motion
Ayes
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CITY OF NEWPORT BEACON
MINUTES
January 9. 1978
Anti - Litter
(2046)
R -9256
Business
License
Tax
(891)
Resub 451/
Tract 8737
R -9257
Tract 8737
Tract 10135
2. A letter from the Chairman of the Orange
County Board of Supervisors was presented
concerning the Orange County Solid Waste
Management Enforcement Agency.
Resolution No. 9256, endorsing the proposed
x
membership of the Orange County Solid Waste
X
x
x
x
x
x
Management Enforcement Agency, was adopted.
3. A letter from Joanne S. Rocks was presented
requesting a refund of the license fee paid
to the City.
x
The request was approved.
x
x
x
x
x
x
x
4. A report was presented from the Public Works
Department regarding Resubdivision No. 408,
Resubdivision No. 451 and Tract No. 8737,
located on the northeasterly corner of Superior
Avenue and Hoag Drive.
Resolution No. 9257, authorizing the Mayor
and City Clerk to execute an agreement between
the City and Mariners Savings and Loan Association
x
for traffic signal construction, was adopted;
x
x
x
x
x
x
x
the street improvements constructed in conjunction
with Tract No. 8737 were accepted; the City
Clerk was authorized to release the Faithful
Performance Bond provided as surety for
Resubdivision No. 408 and to release the
Labor and Materials Bond in six months provided
that no claims have been filed.
5. A report was presented from the Community
Development Department regarding the Final
Map of Tract No. 8737, a request of Mariners
Savings and Loan Association to approve a
final map to subdivide 2.87 acres into one
parcel of land for medical office condominium
development on property located at 320 Superior
Avenue, on the northeasterly corner of Hospital
Road and Superior Avenue, across Hospital
Road from Versailles -on- the - Bluffs; zoned A -P.
The Final Map of Tract No. 8737, incorporating
x
by reference the condition recommended by the
x
x
x
x
x
x
x
Planning Commission, was approved.
6. A report was presented from the Community
Development Department regarding the Final Map of
Tract No. 10135, a request of Richard R. Cantrell
to approve a final map to establish one lot
where four lots now exist to permit the conver-
sion of four duplexes into an eight -unit
residential condominium complex on property.
located at 421 -427 East Bay Avenue, on the
southwesterly corner of East Bay Avenue and
Adams Street on the Balboa Peninsula; zoned R -3.
i
Volume 32 - Page 4
Anti - Litter
(2046)
R -9256
Business
License
Tax
(891)
Resub 451/
Tract 8737
R -9257
Tract 8737
Tract 10135
CITY OF NEWPORT BEACH
COUNCILMEN
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. F.p�
ROLL CALL \ \ January 9, 1978
MINUTES
lmnc,v
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Lawrence Wilson, Vice President of Robert Bein,
William Frost & Associates addressed the Council
and stated he was present to answer any questions.
The Final Map of Tract No. 10135, incorporating
Motion
x
by reference the condition recommended by the
Ayes
x
x
x
x
x
x
x
Planning Commission, was approved.
7. A report was presented from the Community Develop-
Tract 9626
ment Department regarding the Final Map of Tract
No. 9626, a request of Roll Center Newport to
approve a final map to subdivide 9.241 acres
into eleven lots for office development and one
common area lot to be developed for parking,
ingress and egress, and landscape areas on
property located on the northwesterly side of
Teller Avenue, between Birch Street and Campus
Drive in Roll Center Newport (Phase II of
Tentative Map of Tract No. 9626); zoned P -C.
The Final Map of Tract No. 9626, incorporating
Motion
x
by reference the condition recommended by the
Ayes
x
x
x
x
x
x
x
Planning Commission, was approved, and Resolution
R -9258
No. 9258, authorizing the Mayor and City Clerk
to execute a Subdivision Agreement between the
City of Newport Beach and the Roll Company in
connection with Tract No. 9626, was adopted.
•
8. A report was presented from the Public Works
Department regarding vehicular access rights
Tract 7953
adjustment for Collins Radio site, located on
the westerly side of Jamboree Boulevard northerly
of MacArthur Boulevard.
Motion
x
The following resolutions were adopted:
Ayes
x
x
x
x
x
x
x
Resolution No. 9259 authorizing the Mayor and
R -9259
City Clerk to execute a grant of vehicular
access rights to Jamboree Boulevard for the
Rockwell international Corporation.
Resolution No. 9260 accepting the offer of
R -9260
relinquishment of vehicular access to Jamboree
Boulevard from the Rockwell International
Corporation.
9. A report was presented from the Public Works
W Coast Hwy
Department regarding acquisition of Davidson
Widening
Realty property at 5801 West Coast Highway.
(2552)
A letter was presented from the Parks, Beaches
and Recreation Commission supporting the staff
recommendations.
George Davidson addressed the Council and asked
the Council to agree to exchange and sell to the
Davidsons sufficient park property to allow them
•
to reconstruct their office facility and provide
for the minimum amount of parking required by the
City code (Alternate 2).
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Volume 32 - Page 5
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
b.J�PFA9! °T
R(11 I CGI 1 \\ \ January 9, 1978 INDEX
tion
x
The staff was directed to continue the condemnation
�
yes
x
x
x
x
x
x
x
proceedings authorized by Resolution No. 9201
(Alternate 1).
10. A report was presented from the Parks, Beaches
PB&R
and Recreation Director regarding transfer of
Equipment
Capital Outlay Item Purchases.
(2680)
The purchase of a 30" riding lawn mower from the
Motion
x
appropriated Capital Outlay money in the Park
Ayes
x
x
x
x
x
x
x
Division was approved.
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 resolutions were adopted:
(a) Resolution No. 9261 providing that all
Municipal
ballots be counted at a central counting
Election
place (April Councilmanic election). (A
R -9261
report from the City Clerk.
(12)
(b) Resolution No. 9262 accepting a Grant Deed
Upper Bay
from the County of Orange for one -half
Swimming
interest in North Star Beach (Upper Newport
Beach R -9262
Bay). (A report from the City Attorney)
(596)
•
(c) Resolution No. 9263 adopting certain
PERS
procedures for conducting an election to
R -9263
determine if the City should amend its
(617)
contract with the Public Employees' Retire-
ment System to provide for the "2% at 50"
retirement plan for public safety employees.
(Attached with a report from the City
Manager)
(d) Resolution No. 9264 authorizing the City
OrCo
Attorney to intervene and represent the
Airport
City of Newport Beach in the matter of the
R -9264
Statement of Issues regarding the application
(195)
of the County of Orange for a variance from
the State Noise Standards for the Regulation
of California Airports (Case No. L 15743).
(Attached with a report from the City
Attorney)
2. The following communications were referred as
indicated:
(a) Removed from the Consent Calendar.
(b) Removed from the Consent Calendar.
(c) To staff for report back, a letter from
Business
Lewis C. Ihrig concerning a delinquent
License
business license fee and the reasons on
Tax
•
which he is basing his appeal to Council
(891)
for a waiver of the penalty. (Copies
mailed to Council)
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Volume 32 - Page 6
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
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ROLL CALL January 9, 1978
(d) To Pending Legislation and Procedural
Electric
•
Ethics Committee, a request from the
Generating
California Water Resources Association and
Plants
a resolution from the City of Burbank
(1370)
urging the State Energy Resources Conserva-
tion and Development Commission to make a
positive recommendation to the State
Legislature regarding the construction of
the Sundesert Nuclear Plant, and requesting
the City of Newport Beach to join with them
on this project. (Copies mailed to Council)
(e) To Pending Legislation and Procedural
Abortion
Ethics Committee, a resolution from the
(1429)
City of Santa Ana opposing the practice of
abortion. (Copies mailed to Council)
(f) To Pending Legislation and Procedural
Tin -Cup
Ethics Committee, a resolution from the
(1429)
City of Laguna Beach endorsing the Tin -Cup
Campaign Reform Ordinance. (Copies mailed
to Council)
3. The following communications were referred to
the City Clerk for filing and inclusion in the
records:
(a) A letter from Frank M. Rebollo of the
Colton Chamber of Commerce to the Clerk (of
•
the Municipal Court ?) objecting to a Notice
of Violation. (Copies mailed to Council)
(600)
(b) A note from W. J. Hendrickson regarding a
water bill mailing about the Friends of
OASIS. (Copies mailed to Council)
(600)
(c) A copy of a letter to Harwood and Adkinson,
Attorneys at Law, from the City of Costa
Mesa regarding the Santa Isabel Storm
Drain. (Copies mailed to Council)
(20)
(d) A letter from the Orange County Housing
Authority announcing a vacancy on the
seven - member Board of Commissioners.
(Copies mailed to Council)
(1272)
(e) A letter to the City Clerk from Senator
Dennis E. Carpenter regarding the resolu-
tion adopted by City Council opposing
adoption of the draft report entitled
"Urban Development Strategy for California"
and stating that he will do all that he can
to prevent the recommendations of this
report from becoming an actuality. (Copies
mailed to Council)
(2757)
(f) Notice before the Public Utilities Commission
of Application of American Buslines, Inc.
•
to remove a restriction between Long Beach
and the junction of Interstate Highways 405
and 5 near El Toro, California; and a copy
of a letter to the Public Utilities Commis-
sion from Russell, Schureman and Hancock,
Attorneys, stating the application had been
(20)
filed.
Volume 32 - Page 7
COUNCILMEN
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ROLL CALL �� � \ January 9, 1978
MINUTES
Irara:61i
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(g) Notice of Application before the Public
Utilities Commission of Southern California
Gas Company for a rate increase.
(20)
(h) Notice of Order Granting Staff Motion to
waive portions of Rule 17.1 of the Commis-
sion's Rules of Practice and Procedure
before the Public Utilities Commission in
connection with liquified natural gas.
(20)
(i) Agenda of the Board of Supervisors meetings
of December 20 and 21, 1977 and of
January 3 and 4, 1978.
(20)
(j) A letter to Mayor Dostal from Supervisor
Riley regarding the County Triangle area
proposed land use designations and stating
they would reconsider the City of Newport
Beach's objections to the adopted County
policy upon evidence of significantly
changed conditions. (Attached)
(673)
(k) A resolution from the City of Lomita
opposing the housing distribution proposals
of the Southern California Association of
Governments. (Attached)
(1429)
4. The following claims were denied and the City
Claims
Clerk's referral to the insurance carrier was
•
confirmed:
(a) Claim of State Farm Mutual Automobile
Rhodes
Insurance Company, subrogee for their insured,
(2844)
Berwyn Rhodes, for property damage to his
automobile which occurred on October 17,
1977 when he stopped fora red light at
Irvine Boulevard and East 17th Street,
Costa Mesa and was allegedly hit by a City
employee trying to make a right -hand lane
change.
(b) Claim of Charles Prince for property damage
Prince
to his automobile on December 14, 1977 at
(2843)
the corner of Newport Shores Drive and
Orange Street while he was stopped for a
stop sign and was allegedly hit by a City
trash truck.
(c) Claim of Richard H. Beatty for loss of
Beatty
property at 2103 Yacht Wanderer, Newport
(2842)
Beach when the City trash collectors picked
up seven wardrobe cases left in his driveway,
allegedly mistaking them for trash.
-
(d) Claim of Jane H. Jackson for property
Jackson
damage and personal injuries which occurred
(2841)
on November 28, 1977 at Newport Boulevard
•
and Pacific Coast Highway bridge, when she
was allegedly hit by a City vehicle.
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Volume 32 - Page 8
COUNCILMEN MINUTES
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(e) Claim of Jesse W. Curtis for damage to his
Curtis
property at 305 Evening Star Lane allegedly
(2840)
caused by a leaking City water main under-
mining his property and washing out the
support for the concrete slab deck.
5. The City Clerk's referral of the following
Summons and Complaint to the insurance carrier
was confirmed:
(a) Summons and Complaint of Jerry Figueroa for
Figueroa
personal injuries, Case No. 30035 in the
(2682)
Orange County Municipal Court. The original
claim for personal injuries was sustained
when he stepped on a broken sidewalk in
front of 3050 East Coast Highway on April 14,
1977 and broke his foot.
6. The following request to fill personnel vacancies
was approved: (A report from the City Manager)
(1203F)
(a) One Laborer position in the Field Maintenance
Division of the General Services Department
to fill a position now vacant.
(b) One Building Inspector I position in the
Community Development Department to fill a
position now vacant.
•
7. The following staff and committee reports were
received and ordered filed:
(a) Removed from the Consent Calendar.
(b) Memorandum from the Administrative Assistant
CATV
to the City Manager regarding the Eastbluff
(6)
Homeowners Association request for an
acceleration of the adopted cable television
installation schedule with request letter
from the Eastbluff Homeowners Association.
(Attached)
(c) Memorandum from Suzanne Rudd, Chairman of
Anti Litter
the Litter Control Citizens Advisory
(2046)
Committee, regarding Litter Kids Survey.
(Attached)
8. The following item was set for public hearing on
January 23, 1978:
(a) Tentative Map of Tract No. 10156, a request
Tract 10156
of Ed Hume to subdivide 0.86 acres into
five lots for single - family residential
development, and the acceptance of an
environmental document on property located
at 2420, 2426 and 2426'k - 15th Street, on
the northeasterly side of 15th Street
•
between Gary Place and Powell Place in
Newport Heights; zoned R -1. (A report from
the Community Development Department)
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Volume 32 - Page 9
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
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lPr(9ja"pF� Cp
ROLL CALL January 9, 1978
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9. The plans and specifications for the Remodeling
Remodeling
of the Former Council Chambers, Contract No.
Former
1998, were approved; and the City Clerk was
Council
authorized to advertise for bids to be opened at
Chambers
2:30 p.m. on February 16, 1978. (A report from
(356)
the Public Works Department)
10. The public improvements constructed in conjunction
Resub 469
with Resubdivision No. 469, located on the
(2133)
southeasterly corner of Jamboree Road and Santa
Barbara Drive were accepted; and the City Clerk
was authorized to release the Subdivision
Faithful Performance Bond, and to release the
Subdivision Labor and Materials Bond in six
months provided no claims have been filed. (A
report from the Public Works Department)
11. The expense account of Mayor Pro Tem Barrett, in
the amount of $371.36 for attendance at the 1977
National Congress of Cities in San Francisco,
December 5 -8, 1977, was approved.
12. The following budget amendments were approved:
BA -44, Removed from the Consent Calendar.
BA -48, $6,000.00 increase in Budget Appropriations
for additional funds for improvements at the
•
Senior Citizens Facility, from Reserve for
Senior Citizen Site, Park and Recreation Fund.
(A report from the Parks, Beaches and Recreation
Director)
ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A report was presented from the Community
General
Development Department regarding testing of land
Plan
use and circulation alternatives using the
(673)
Traffic Model as recommended by the Planning
Commission in connection with the General Plan
Review.
Motion
x
The following Budget Amendment was approved:
Ayes
x
x
x
x
x
x
Noes
x
BA -44, $12,000.00 increase in Budget Appropria-
tions for consultant services required for
testing of two land use alternatives and two
modifications to the circulation system using
the traffic model, from Unappropriated Surplus
to Develop Transportation Model- General Fund.
2. A letter from Roger N. MacGregor regarding the
Noise
noise generated by commercial party boats
Pollution
Motion
x
operating on the bay at night was referred to
(933)
Ayes
x
x
x
x
x
x
x
staff for reply and report back.
3. A report was presented from the City Attorney
Brown Act
•
regarding AB 1265 (Brown Act).
(477)
Motion
x
The staff was directed to write a letter in
Ayes
x
x
x
x
x
x
x
support of AB 1265.
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Volume 32 - Page 10
COUNCILMEN
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ROLL CALL
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Motion
Ayes
•
0
MINUTES
January 9, 1978
General
Plan
(673)
4. A letter from the Bank of Newport was presented
requesting a decision from the City Council
regarding the existing residential and commercial
use for the parcel described as Lot 82, Tract 2813,
located between East Pacific Coast Highway and
Kewamee Drive and Avocado and Zahma Drives, and
its consistency with the Land Use Element of the
General Plan.
Community Development Director Richard Hogan
explained to Council that it is the Planning
Commission's belief that the intent of the
General Plan in that particular area is for
commercial and office on the front of that
property adjacent to Coast Highway and for
residential development, including the apartment
development, on the back of the property adjacent
to Kewamee Drive.
x
The Council concurred with the Planning Commission
x
x
x
x
x
x
x
that the intent of the General Plan is for
commercial, retail and office on the front and
residential on the back of this property.
The Mayor adjourned the meeting at 10:40 p.m.
Mayor
ATTEST:
�WPO .
City ClerV 00 = �J
c:-
P
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Volume 32 - Page 11
General
Plan
(673)