HomeMy WebLinkAbout02/27/1978 - Regular Meetingr
COUNCILMEN VP pC�ytFG\C+
� �ROLI \
CITY OF NEWPORT BEACH
Regular Council Meeting
Place: Council Chambers
Time: 7:30 P.M.
Date: February 27, 1978
MINUTES
INDEX
!sent
x
x
x
x
x
x
x
Roll Call.
The reading of the Minutes of the Regular Meeting of
Motion
x
February 13, 1978 was waived, and said Minutes were
Ayes
x
x
x
x
x
x
x
approved as amended 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..
CONTINUED BUSINESS:
Mayor Pro Tem Barrett stepped.down from the Council
table due to a possible conflict of interest on the
following item.
1. A.proposed Emergency Ordinance No. 1758, being,
Moratorium
0 -1758
AN EMERGENCY ORDINANCE OF THE CITY OF
(2873)
NEWPORT BEACH PROHIBITING THE ISSUANCE OF
BUILDING AND GRADING PERMITS FOR CONSTRUC-
TION OF CERTAIN COMMERCIAL, INDUSTRIAL, AND
RESIDENTIAL PROJECTS (CALIFORNIA GOVERNMENT
CODE SECTION 65858),
was presented.
A report was presented from the Community Develop-
.
ment Department regarding the status of the
General Plan review and amendments.
A letter from Shirley Knutsen was presented
urging support of a moratorium.
A letter from Mr. and Mrs. Edward P. Benson was
presented opposing a moratorium and enclosing a
clipping from the Wall Street Journal concerning
the results of a growth- controlled plan adopted
by Santa Barbara.
The following people addressed the Council in
favor of the moratorium and /or initiative
ordinance: Jean Watt, representing L.E.A.F.;
Allan Beek; Calvin McLaughlin; Daniel Emory;
Louise Greeley; Sue Ficker who made a slide
presentation; Margot Skilling; and Hal Thomas.
Motion
x
Sue Ficker was granted five additional minutes
Ayes
x
x
x
x
x
x
for her presentation.
Absent
x
The following people addressed the Council in
opposition to the moratorium and /or initiative
ordinance: Glenn Martin, Executive Officer of
the Board of Realtors; E. T. Benson; David
Neish, representing The Irvine Company; Bob
Alleborn, representing Emkay Development; Peg
•
Forgit; Rudy Baron, President of the Newport:
Harbor Area Chamber of Commerce; John Macnab;
Lyman Faulkner; and Bill Picker, architect.
i
Volume 32 - Page 39
CITY OF NEWPORT BEACH
COUNCILMEN
P s F i
per c 22�m
ROLL CALL O� \ �y \ February 27. 1978
MINUTES
tion
�
x
Councilman Ryckoff made a motion to adopt
Yes
x
x
x
Emergency Ordinance No. 1758 for a four -mouth
Noes
x
x
x
period for commercial property in excess of
Absent
x
10,000 square feet of building area, and residen-
tial development in excess of ten units per
development, which motion failed to carry.
Motion
x
Councilman McInnis made the following motion:
Each Tuesday, starting March 7, at a time certain
and with a published agenda, there will be held
a series of weekly communication meetings open
to the.public, with the staff, the Planning
Commission, the Council, concerned citizens and
anyone else. The purpose is for specific
communications on specific projects, and /or
proposed projects of all undeveloped land in
town. The staff is to be the conducting agency
unless there is an acceptable alternate person
designated. There should be no voting, but,
hopefully, meaningful dialogue that can be
fitted into Planning Commission and subsequent
Council deliberations.
I
Councilman McInnis amended his motion to establish
7:30 p.m, as the time certain.
Ayes
x
x
x
x
A vote was taken on Councilman McInnis' amended
oes
x
x
motion, which motion carried.
sent
x
Mayor Pro Tem Barrett resumed his seat at the Council
table..
2. A report was presented from the Public Works
Curb Cut/
Department regarding the request of Burt Elliott,
Park Av
A.I.A., for a curb cut on Park Avenue to serve
(2867)
201 Diamond Avenue.
Motion
x
The request for a curb cut on Park Avenue was
Ayes
x
x
x
x
x
x
x
denied.
3. A report was presented from the Public Works
Encroachment
Department regarding the request of Howard and
Pub R -O -W
Marilyn Meek to construct a 3- foot -high fence in
DeAnza Dr
the public right -of -way adjacent to 509 DeAnza
(2866)
Drive, Corona Highlands.
A permit to construct a temporary 3- foot -high
picket fence in the parkway adjacent to 509
Motion
x
DeAnza Drive was approved, subject to the
Ayes
x
x
x
x
x
x
x
condition that the permit can be withdrawn at
any time.
4. A report was presented from the City Librarian
Library
regarding the Newport Center Branch Library.
(2030)
•
Spencer Covert, Chairman of the Board of Library
Trustees, addressed the Council.
Volume 32 - Page 40
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
oc��ps 2
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on: i rAi i `P February 27, 1978 INDEX
on
x
Mayor Pro Tem Barrett made a motion to approve
the plans and specifications, subject to modifica-
tions that may be made by the Public Works
Department; and to authorize the City Clerk to
advertise for bids to be opened at 10:00 a.m. on
April 3, 1978.
Motion
x
Councilman Ryckoff made a substitute motion to
.Ayes
x
approve the plans and specifications, subject to
Noes
x
x
x
x
x
x
modifications that may be made by the Public
Works Department, and to authorize the City
Clerk to advertise for bids to be opened at
10:00 a.m. on May 2 with a 45 -day award period,
to accommodate the Jarvis /Gann initiative, which
motion failed to carry.
Ayes
x
x
x
x
x
x
A vote was taken on Mayor Pro Tem Barrett °s
Noes
x
motion, which motion carried.
CURRENT BUSINESS:
1. A report was presented from the Community
Begonia
Development Department regarding the Planning
Park
Commission recommendation concerning the acquisi-
(1440)
tion of property located at 2333 Pacific Drive,
Corona del Mar, on the southerly side of Pacific
Drive, adjacent to Begonia Park, zoned R -1,
after denying Variance No. 1066 of Mr. and Mrs.
Donald G. Griswold to exceed the permitted'
height limit for a proposed single - family
dwelling to be constructed on the site.
Gordon Glass, architect for the Griawolds,
addressed the Council regarding their request
for a variance in connection with proposed
development on the property.
Paul Hummel addressed the Council opposing the
proposed acquisition.
Motion
x
A decision regarding the possible acquisition of
Ayes
x
x
x
x
x
x
x
the property was delayed pending review of the
1978 -79 Fiscal Year Budget, and the staff was
directed to come back with an estimated value of
the property.
2. A report was presented from the Marine Department
Harbor
regarding an application by the Harbor Island
Island
Association to construct a raised protective
Bridge
railing on the Harbor Island Bridge.
(2874)
John Porter, President, and John Macnab, a
Director of the Harbor Island Community Associa-
tion, addressed the Council and urged approval
of the application.
x
The application for the construction of a
W 3ion
x
x
x
x
x
x
x
railing on the Harbor Island Bridge was approved.
i
Volume 32 - Page 41
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
'P� �G\
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oni i re\ A \ February 27, 1978 INDEX
•
3. Council Policy J -1 was presented for consideration
Council
with a report from the City Attorney regarding
Policy
Police Salary and Benefits Policy and a report
(430F)
from the City Manager concerning survey of data
regarding police salaries.
The following people addressed the Council in
support of the proposed amendment to Council
Policy J -1 relating to police salaries and
benefits: Willard Voit, George Hoag, Paul
Hummel, Agnes Blomquist, John Macnab, Marcia
Bents, Bill Picker, Peg Forgit, Rudy Baron who
read a resolution adopted by the Board of
Directors of the Newport Harbor Area Chamber of
Commerce, and Chuck Avery.
Motion
x
Councilman McInnis made a motion to approve the
amendments to Council Policy J -1, "City Employees'
Salaries" as follows:
(a) Deleting the last sentence in the
present policy; and
i
(b) Adding the paragraph below --
"Notwithstanding the above, total
compensation, including salaries and
benefits, for entry level police
patrolman shall be established at
levels comparable to the top three
cities in Orange County. The application
of this policy pertaining to patrolmen
shall, of course, be subject to con-
straints imposed upon the City by a
limitation in municipal revenues."
Don Anderson, member of the Board of the Police
Association, addressed the.Council in response
to questions by the Council...
Ayes
x
x
x
x
x
x
A vote was taken on Councilman McInnis' motion,
Noes
x
which motion carried.
4. Proposed Ordinance No. 1759,,.being,
Harbor
Regs
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
0 -1759
AMENDING CHAPTER 17.41 ENTITLED "COMMERCIAL
(386F)
ACTIVITIES ON THE WATERS OF NEWPORT HARBOR"
OF THE NEWPORT BEACH MUNICIPAL CODE RELAT-
ING TO HARBOR REGULATIONS,
was presented.
A report was ptesented.from the Marine Department.
Marine Director David Harshbarger gave a brief
•
staff report.
Jerry Rest of Lido Sailing Club addressed the
Council regarding the activities of his club. .
i
Volume 32 - Page 42
CITY OF NEWPORT BEACH
COUNCILMEN
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ROLL CALL s T � February 27, 1978
MINUTES
INDEX
John Dryden and Chuck Avery, who presented a
letter which he read, addressed the Council and
asked that the ordinance be amended to include
restrictions imposed on barges and houseboats on
the bay. Mr. Avery read a suggested amendment.
Motion
x
Ordinance No. 1759 was introduced and passed to
Ayes
x
x
x
x
x
x
x
second reading on March 13._
5. A report was presented from the Community
SCAG
Development Department regarding the Draft Early
(447F)
Action Program and Draft Milestone Report.
Motion
x
The Mayor was authorized,to send a letter to
Ayes
x
x
x
x
x
x
x
SCAG supporting in concept the Early Action
Program.
6. A report was presented from the Public Works
Balboa
Department regarding the structural condition of
Island
the Balboa Island Bridge.
Bridge
(725)
Motion
x
The staff was directed to proceed with the
Ayes,
x
x
x
x
x
x
x
Design Report as described in the report; and to
include within the proposed 1978 -79 Budget
funding for the remedial work.
CONSENT CALENDAR:
ion
x
The following actions were approved by one motion
s
x
x
x
x
x
x
x
affirming the actions on the Consent Calendar:
I
1. The following ordinances were introduced and
passed to second reading on March 13, 1978:
(a) Removed from the Consent Calendar.
(b) Proposed Ordinance No. 1760, being, AN
PERS
ORDINANCE OF THE CITY OF NEWPORT BEACH
0 -1760
AUTHORIZING AN AMENDMENT TO THE CONTRACT
(617)
BETWEEN THE CITY COUNCIL AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM (CHP 2% AT
50). (A report from the City Manager)
2. The following resolutions were adopted:
(a) Resolution No. 9283 ordering the canvass of
Election
the General Municipal Election to be held
R -9283
on the 11th day of April, 1978, to be made
(12)
by the City Clerk of the City of Newport
Beach.
(b) Resolution No. 9284 awarding a contract to
City Hall
D & B Acoustics & Construction, Inc. for
Expansion
remodeling former Council Chambers, Contract
1978
No. 1998. (A report from the Public Works
R -9284
Department)
(356)
•
3. The following communications were referred as
indicated:
(a) To staff for inclusion in on -going study,
a letter from Betty Heckel opposing the
Volume 32 - Page 43
CITY OF NEWPORT BEACH
COUNCILMEN
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RAI I CGI I \ \ February 27. 1978
MINUTES
INDEX
•
building of an extension to San Joaquin
SE OrCo
Hills Road to relieve the Pacific Coast
Circulation
Highway as it would destroy the Laguna
Study
Beach concept to develop a greenbelt area
(2158)
around Laguna Beach and South Laguna and
to have a "Saddleback to the Sea" urban
park. (Copies mailed to Council)
(b) To staff for reply, a letter from Alan A.
Parking
Forbush suggesting that parking permits be
Permits
pro -rated when they are purchased during
(119F)
the year instead of charging for the full
year. (Copies mailed to Council)
4. The following communications were referred to
the City Clerk for filing and inclusion in the
records:
(a) A letter from Lynda Ober expressing apprecia-
tion for the Newport Beach Police Depart-
ment's prompt apprehension of a rapist and
the kind consideration shown to the victim:
(1622)
(Copies mailed to Council)
.
(b) A letter to Mayor Dostal from Henry W.
Wedaa, the Orange County delegate to the
SCAG Executive Committee, clarifying some
apparent misunderstandings regarding SCAG's
•
draft Housing Element submitted for review
(Copies to Council)
(447F)
and comment. mailed
(c) A letter to the City Attorney from Assembly-
man Kenneth L. Maddy acknowledging receipt
of his letter opposing Senate Bill 1164
relating to peace officers. (Attached)
(1622)
(d) A letter to the City Manager from Senator
Dennis E. Carpenter acknowledging Newport
Beach's support of the Sundesert Nuclear
Power Plant and advising that current
measure S.B. 1015 has been referred to the
Assembly Resources,.Land Use, and Energy
Committee. (Attached)
(1370)
(e) A resolution from the City of Anaheim
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.
(1370)
(f) Resolutions from the cities of Walnut and
Costa Mesa opposing the housing distribution
proposals of the Southern California
Association of Governments.
(447F)
(g) A resolution of the City of Costa Mesa
requesting that the Southern California
Association of Governments Executive
Committee provide a sixty -day comment period
and information workshops for SCAG publica-
tions impacting local government.
(447F)
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Volume 32 - Page 44
CITY OF NEWPORT BEACH
COUNCILMEN
ROLL CALL \ \ \ February 27, 1978
MINUTES
INDEX
(h) A resolution of the City of Anaheim requesting
the Orange County League of Cities to
oppose the airport planning efforts of the
Inter- County Airport Authority. (Copies
(195)
mailed to Council)
(i) A publication from the State Office of
Planning and Research concerning the projects
currently underway at the Office of Planning
and Research. (55 -page booklet on file in
(20)
the City Clerk's office)
(j) Agenda of the Board of Supervisors meetings
of February 14, 15, 21 and 22, 1978.
(20)
(k) A letter from the California Builders
Council advising that they have adopted an
urban development policy statement and
enclosing a report on the "Land Development
Process in California." (Copies mailed to
(20)
Council)
5. The following claims were denied and the City
Claims
Clerk's referral to the insurance carrier was
confirmed:
(a) Claim of Franz Laetsch for special damages,
Laetsch
personal injuries, property damage and
(2876)
impaired ability to work, allegedly the
result of an accident which occurred on
December 27, 1977 when he collided with
another car driven by Yvonne Donaher, who
was making a left hand turn from Jamboree
Road which was torn up due to storm drain
repairs.
(b) Claim of Kimberly Eves Ramser for personal
Ramser
injuries, property damage and cost of car
(2877)
rental caused when she was hit by another
car making a left turn at the direction of
a Police Officer in the vicinity of 2400
West Coast Highway on December 9, 1977.
(c) Claim of Delbert L. Warwick for property
Warwick
damage to his automobile when it was hit by
(2878)
a City truck on January 18, 1978 at the
intersection of Irvine Avenue and Westcliff
Drive.
(d) Claim of Eric W. Freiwald for property
Freiwald
damage to his automobile on January 9, 1978
(2879)
when it was hit by a City truck at the
intersection of 16th Street and Newport
Boulevard.
6. The City Clerk's referral of the following
Summons and Complaints to the insurance carrier
was confirmed:
(a) Summons and Complaint of James Edward Cobb
Cobb
for assault and battery and for negligence,
(2812)
Volume 32 - Page 45
CITY OF (NEWPORT BEACH
COUNCILMEN
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�s T� February 27, 1978
ROLL CALL
MINUTES
iNnFw
Case #283500 in the Orange County Superior
Court. The original claim for personal
injuries sustained occurred when Mr. Cobb
was arrested on July 23, 1977 and was
allegedly pushed off the steps of the
Police Vehicle by a Police Officer.
(b) Summons and Complaint of Jeff Schulein, on
Schulein
behalf of himself and his son, Mark Schulein,
(2738)
for personal injuries, Case No. 28 -36 -23 in
the Orange County Superior Court. The
original claim was for personal injuries
when he fell off his bicycle and through
the railing of a bridge and broke his jaw
on or about April 20, 1977.
(c) Summons and Complaint of Edward John
Topalian
Topalian for personal injuries, Case No.
(2793)
.28 -06 -80 in the Orange County Superior
Court. The original claim was for personal
injuries and damages sustained when he was
a passenger in a car that was involved in
an accident with another vehicle at the
entrance to the Balboa Bay Club on West
Coast Highway on July 2, 1977.
(d) Summons and Cross - Complaint of Donald
Ohlig
Walter Ohlig and Albert H. Ohlig for
(2792)
personal injuries and property damage, Case
No. 27 -57 -07 in the Orange County Superior
Court. The original claim was for personal
injuries and damages sustained when they
were in an automobile accident near the
entrance to the Balboa Bay Club on West
Coast Highway on July 2, 1977.
7. The following request to fill personnel vacancies
was approved: (A report from the City Manager)
(1203F)
(a) One Laborer position in the General Services
Department to fill a position to be vacant.
(b) One Police Officer in the Police Department
Patrol Division to fill a position now
vacant.
8. The following staff reports were received and
ordered filed:
(a) A report from the City Manager regarding
Calif Hwy
the State excess right -of -way property /Beeco
Surplus
blufftop property south of Newport Crest
Land
and west of Superior Avenue. (Attached)
(1308)
(b) Removed from the Consent Calendar.
9. The work on the Jamobree Road Improvements, Ford
Jamboree
•
Road to MacArthur Boulevard, Contract No. 1752,
Road
was accepted; and the City Clerk was authorized
Widening
to file a Notice of Completion and to release
(2463)
the bonds in 35 days after the Notice of Completion
has been filed. (A report from the Public.Works
Department)
Volume 32 - Page 46
f
COUNCILMEN
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2
ROLL CALL February 27, 1978
MINUTES
INOFV
10. The plans and specifications for Water and Sewer
Water /Sewer
Main Replacement Across the Grand Canal -- Balboa
Main
Island, Contract No. 1959, were approved; and the
Replacement
City Clerk was authorized to advertise for bids
Grand Canal
to be opened at 2:30 p.m. on March 16, 1978. (A
(2881)
report from the Public Works Department)
11. The following Harbor Permits were approved:
Harbor
Permits
(a) #129 -1931 by the Boy Scouts of America to
(304F)
revise a previously approved permit for a
bulkhead and docks at 1931 W. Coast Highway.
(A report from the Marine Department) ,
(b) Removed from the Consent Calendar.
12. The following budget amendments were approved:
BA -65, $400.00 increase in Budget Appropriations
and increase in Revenue Estimates, for purchase
of card tables and chairs for the Community
Youth Center with donation from Tuesday Morning
Club, from Unappropriated Surplus and Donations
and Contributions to PB&R- Recreation, Equipment,
N.O.C., Park and Recreation Fund. (A report
from the Parka, Beaches and Recreation Director)
BA -66, $842.70 increase in Budget Appropriations
and increase in Revenue Estimates, for purchase
of telescope for Ensign View Park with donation
from Daughters of the American Revolution, from
Unappropriated Surplus and Donations and Contribu-
tions to Ensign View Park - Phase II, Park and
Recreation Fund. (A report from the Parks,
Beaches and Recreation Director)
BA -67, $5,875.00 increase in Budget Appropriations
and increase in Revenue Estimates for professional
engineering services for Ford Road and MacArthur
Boulevard intersection modifications with
contribution from the County Arterial Highway
Financing Program, from Unappropriated Surplus
and Donations and Contributions to Ford Road -
MacArthur Blvd. Intersection Modifications,
Arterial Highway Financing Fund.
BA -68, $9,050.00 increase in Budget Appropriations
and increase in Revenue Estimates for professional
engineering services for Ford. Road and MacArthur
Boulevard intersection modifications with
contributionq from the State, City of Irvine, and
private property owners; from Unappropriated
Surplus and Donations and Contributions to Ford
Road - MacArthur Boulevard Intersection Modifica-
tions, Arterial Highway Financing Fund.
•
ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A report was presented from the Assistant City
Lot Mergers
Attorney regarding the "lot merger ordinance."
0 -1761
(2875)
i
Volume 32 - Page 47
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
.p ¢ v CO�'AA �G\/
ROLL CALL February 27. 1978 iNnry
•
Proposed Ordinance No. 1761, being, AN ORDINANCE
OF THE CITY OF NEWPORT BEACH ADDING SECTION
19.08.060 TO THE NEWPORT BEACH MUNICIPAL CODE
ESTABLISHING MERGER OF CERTAIN PREVIOUSLY
Motion
x
SUBDIVIDED LOTS, was introduced and passed to
Ayes
x
x
x
x
x
x
x
second reading on March 13, 1978.
Mayor Pro Tem Barrett stepped down from the Council
table due to a possible conflict of interest on the
next items,
2. A memorandum from the City Clerk advising that
Resub 572/
the appeal of William Lester from the decision
Lester Appeal
of the Planning Commission denying Resubdivision
(2880)
No. 572 to create two parcels of land for
residential development where one lot now exists
at 600 - 15th Street, on the northeasterly side
of 15th Street, between St. James Road and Kings
Motion
x
Place in Cliff Haven, has been set for public
Ayes
x
x
x
x
x
x
hearing on March 13, 1978, was received and
Absent
x
ordered filed.
3. A report was presented from the Marine Department
Harbor
regarding Harbor Permit Application 11221 -081 by
Permit
Richard Shaw to revise a previously approved
(304F)
permit for a bulkhead and docks at 632 Lido Park
Drive.
ion
x
Harbor Permit Application 11221 -081 was approved,
s
x
x
x
x
x
x
subject to the conditions recommended by staff.
sent
x
Mayor Pro.Tem Barrett resumed his seat at the Council
table.
Mayor Dostal adjourned the meeting at 11:05 p.m.
e
Mayor Dostal
ATTEST:
City Clerk,(/
F
1
)61
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Volume 32 - Page 48