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HomeMy WebLinkAbout03/13/1978 - Regular Meeting`COUNCILMEN ' � C� %\�2 N � � ROLL CALL CITY OF NEWPORT BEACH Regular Council Meeting Place: Council, Chambers Time: 7:30 P.M. Date: March 13 1978 MINUTES sent x x x x x x x Roll Call. INDEX The reading of the Minutes of the Regular Meeting of Motion x February 27, 1978 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 was Ayes x x x x x x x directed to read by titles only. HEARINGS: Mayor Pro Tem Barrett stepped down from the Council table due to a possible conflict of interest on the next item. 1. Mayor Dostal opened the public hearing regarding Lester the appeal of William Lester from the decision of Appeal the Planning Commission denying Resubdivision No. (2880) 572, a request to create two parcels of land for residential development where one lot now exists. Property located at 600 - 15th Street, on the northeasterly side of 15th Street, between St. James Road and Kings Place in Cliff Haven; zoned R -1. A report was presented from the Community Develop - went Department. The appeal application of William Lester, includ- ing a petition signed by thirty -four residents in favor of the resubdivision, was presented. A letter from the Board of Directors of the Cliff Haven Association and a petition signed by forty - three residents of the area were presented opposing the resubdivision. Motion x The appellant, William Lester, addressed the Ayes x x x x x x Council and was granted ten minutes for his Absent x presentation. The following people addressed the Council in opposition to the resubdivision: George Lackey, member of the Board of Directors of Cliff Haven Community Association; Arlene Parker; Dave Schuck; Donna Gallant: Newton H. Cox; Kenneth Sands; June Graham; Clay Durr; Bob Cooper; Bill House; Jo Barkdull; Stanley LeLievre; M. A. Johnson and Mary Dickson. Motion x Donna Gallant was granted three additional Ayes x x x x x x minutes for her presentation. Absent x Motion x Clay Durr was granted four additional minutes for Ayes x x x x x x his presentation. sent x i Volume 32 - Page 49 CITY OF NEWPORT BEACH COUNCILMEN p .p ,� oc �� 9 A -AV ROLL CALL ,y 4`� 'per March 13, 1978 MINUTES INDFX Stion - The hearing after it determined x was closed was Ayes x x x x x x that no one else desired to be heard. Absent x Motion x The decision of the Planning Commission was Ayes x x x x overruled, and Resubdivision No. 572 was approved, Noes x x including the findings and conditions recommended Absent x by staff. Mayor Pro Tem Barrett resumed his seat at the Council table. ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1759, being, Harbor Regs 0 -1759 AN ORDINANCE OF THE CITY OF NEWPORT BEACH (386F) AMENDING CHAPTER 17.41 ENTITLED "COMMERCIAL ACTIVITIES ON THE WATERS OF NEWPORT HARBOR" OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO HARBOR REGULATIONS, was presented for second reading. A letter from the Lido Sailing Club was presented I explaining their membership and method of operation. • Letters in support of the Lido Sailing Club from Floyd G. Smith, Marilyn Arnold and Reed Sprinkel I were presented. Lorenzo C. Miller addressed the Council regarding the exceptions referred to in the ordinance and the liability insurance requested. Mayor Pro Tem Barrett asked for an opinion by the City Attorney as to whether a conflict of interest existed for him on this item and was advised that this should not constitute a conflict for him. Motion x Councilman McInnis made a motion to revise the "Exceptions" clause in Section 17.41.020 of the ordinance to include "marine construction con- tracting services" specifically, and to make other specific word changes; to reintroduce the ordinance and pass to second reading on March 27. Chuck Avery addressed the Council and again . expressed his concern over houseboats and barges being used as offices in the bay. Nick Walsh, partner with Jerry West in Lido Sailing Club, addressed the Council regarding the houseboat being used by the Club. A vote was taken on Councilman McInnis' motion, Oes x x x x x x and Ordinance No. 1759 was reintroduced, as Abstain x amended, and passed to second reading on March 27. i Volume 32 - Page 50 CITY OF NEWPORT BEACH COUNCILMEN Ac4( v �0 C� PP .jib 9� t^�9< ��1- �yis ROLL CALL �\ March 13. 1978 MINUTES i nincv • 2. Ordinance No. 1760, being, PERS 0 -1760 AN ORDINANCE OF THE CITY OF NEWPORT BEACH (617) AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CHP 2% AT 50), was presented for second reading. Motion x Ordinance No. 1760 was adopted. Ayes x x x x x x x 3. Ordinance No. 1761, being, Lot Merger 0 -1761 AN ORDINANCE OF THE CITY OF NEWPORT BEACH (2875) ADDING SECTION 19.08.060 TO THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING MERGER OF CERTAIN PREVIOUSLY SUBDIVIDED LOTS, was presented for second reading. Motion x Ordinance No. 1761 was adopted.. Ayes x x x x x x i CURRENT BUSINESS: I 1. A report was presented from the Community Develop- i Tract 9620 ment Department regarding Final Map of Tract No • 9620, a request of The Irvine Company to subdivide i 10.36 acres into twenty -nine lots for residential development and two lots to be developed as landscape open space on property located south- westerly of Westcliff Drive between Dover Drive and Santiago Drive in Westcliff; zoned P -C. Motion x The item was postponed to March 27 at the request Ayes x x x x x x x of The Irvine Company. 2. A report was presented from the City Manager Council regarding a charge for City Council and Planning Policy Commission agenda packets requested by members (430F) of the public. The amendment to Council Policy E -2 "Council Meetings Agenda Distribution to the Public by Motion x Mail" as indicated by staff was adopted to Ayes x x x x x x x provide that a flat fee of $35.00 be assessed for each complete Council and Planning Commission agenda packet. 3. A report was presented from the Public Works Vacation/ Department regarding the vacation of a portion Clubhouse Dr of Clubhouse Drive, located northeasterly of (2882) East Coast Highway, Newport Center Drive and Jamboree Road (Entrance to Irvine Coast Country Club.) 0tion x The following resolutions were adopted: Ayes x x x x x x x Resolution No. 9285 adopting a map showing a R -9285 portion of Clubhouse Drive proposed to be vacated. i Volume 32 - Page 51 CITY OF NEWPORT BEACH COUNCILMEN AO �� 9\ c �\ ROLL CALL Fy\�2 ��� /v� y\ March 13. 1978 MINUTES IR. LV • Resolution No. 9286 declaring the intention to R -9286 order the vacation and abandonment of a portion of Clubhouse Drive, and setting April 10, 1978 as the date for public hearing concerning the intended vacation. 4. A report was presented from the City Manager Citizens regarding the creation by the Orange County Budget Board of Supervisors of an advisory committee on Review the Jarvis -Gann Property Tax Initiative. Advisory Cmte Motion x Mayor Dostal made a motion to order the prepare- (2883) tion of a resolution establishing a citizens advisory committee, the membership of which is to be composed of seven members, one appointed by each of the Council members, with the duties and powers to be set forth in the resolution, which would include studying the budget and setting priorities for the reduction thereof. Councilman Kuehn asked that the motion be amended to establish the committee for one year only, which amendment was accepted by the maker of the motion. Ayes x x x x A vote was taken on Mayor Dostal's amended Noes x x x motion, which motion carried. 5. A letter from Frank McKibbin was presented I Street • requesting the installation of street identifica- Signs tion signs in West Newport along "West Ocean (1055) Front" (alley) and enclosing a petition signed by twelve residents on West Ocean Front, a map of the area referred to, a denial letter dated September 13, 1977 from the Traffic Affairs Committee and photos of other signs in the area. Margot Skilling addressed the Council and urged installation of the signs. Motion x The staff was directed to install the signs Ayes x x x x x x x requested in West Newport along West Ocean Front. 6. A report from the Board of Library Trustees was Personnel presented regarding salary increases for the Classifica- City Librarian and the Library Services tion Coordinator. (764F) Spencer Covert, Chairman of the Board of Library Trustees addressed the Council and requested approval of the 15% increase requested. Motion x Resolution No. 9287, approving a salary increase R -9287 Ayes x x x x x x x for the City Librarian, was adopted approving a ten percent increase in the salary range effective July 1, 1978. Volume 32 - Page 52 CITY OF NEWPORT BEACH COUNCILMEN ,p�A�Oq-P 00 �� 9R F�s ROLL CALL March 13, 1978 MINUTES INQFX •. 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 ordinances were introduced and set for public hearing on March 27, 1978: (a) Proposed Ordinance No. 1762, being, AN District ORDINANCE OF THE CITY OF NEWPORT BEACH Map 24 AMENDING A PORTION OF DISTRICTING MAP NO. 0 -1762 24 TO RECLASSIFY FROM THE UNCLASSIFIED (556) DISTRICT TO THE R -3 DISTRICT AND THE C -1 DISTRICT AND ESTABLISHING FRONT, SIDE AND REAR SETBACKS FOR EXISTING AND PROPOSED DEVELOPMENT ON CERTAIN PROPERTY LOCATED AT 2101 AND 2121 EAST COAST HIGHWAY AND 777 AVOCADO AVENUE; Planning Commission Amendment No. 503, a request of the Bank of Newport to amend a portion of Districting Map No. 24 for existing and proposed development on property located at 2101 and 2121 East Coast Highway and 777 Avocado Avenue on property bounded by East Coast Highway, Avocado Avenue, Kewanee Drive, and Zahma Drive, adjacent to Irvine Terrace, zoned Unclassified. (A report from the Community Development Department) • 2. The following resolutions were adopted: (a) Resolution No. 9288 authorizing the Mayor City -owned and City Clerk to execute the Land Purchase Property Agreement for the City -owned property at Bay Av betw Bay Avenue between 18th and 19th Streets. 18th & 19th (A report from the City Manager) R -9288 (1341) (b) Resolution No. 9289 authorizing the Mayor and City Clerk to execute an agreement OrCo between the City of Newport Beach and Airport Valley Associates (Henry W. Wedaa) for R -9289 Airport Consulting Services. (A report (195) from the City Attorney) (c) Resolution No. 9290 authorizing the Mayor CdM Water and City Clerk to execute a Professional Main Const Engineering Services Agreement between the R -9290 City of Newport Beach and Boyle Engineering (2885) Corporation for water main construction and replacement in Corona del Mar. (A report from the Public Works Department) (d) Resolution No. 9291 designating an inter- Stop Signs section at which vehicles are required to R -9291 stop and directing the Traffic Engineer to (SF) erect necessary stop signs (Lafayette Avenue at 32nd Street). (A report from the • Public Works Department) (e) Resolution No. 9292 authorizing the Mayor PCH /Irvine and City Clerk to execute a Cooperative Terrace Financing Agreement between the City of Traffic Sig R -9292 (2884) i Volume 32 - Page 53 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 9p00�I�L 0 ROLL CA\ �� �\ \ March 13, 1978 iNnFY Newport Beach and the State of California for installation of a traffic signal at Coast Highway and Irvine Terrace. (A report from the Public Works Department) (f) Resolution No. 9293 awarding a contract to Alley Impry Dyno Construction in connection with alley BI & W Npt improvements - Balboa Island and West R -9293 Newport 1977 -78, Contract No. 1940, in the (2871) amount of $59,285.70. (A report from the Public Works Department) (g) Resolution No. 9294 authorizing the Mayor Storm Drain and City Clerk to execute an amended Cooper- Irvine/ ative Financing Agreement between the City Baycrest of Newport Beach, Orange County Flood R -929.4 Control District and the City of Costa Mesa. (2832) (A report from the Public Works Department) 3. The following communications were referred as indicated: (a) To staff for reply, a letter from Marvin 0. Police Burton regarding his inability to call the Dept Police Records Department without the line (1622) being busy and suggesting that a survey be made to see if the number of incoming lines are adequate. (Copies mailed to Council) • (b) To staff for report back, a letter from the Traffic Eastbluff Homeowners Community Association Complaints asking that action be taken to reduce noise (1154F) and speed levels as outlined in the six steps listed in their letter. (Copies mailed to Council) (c) To staff for inclusion in on -going study, a General letter from the Corona del Mar Civic Associa- Plan tion enclosing a survey opposing the use of (673) Fifth Avenue as an alternate for relieving traffic on Coast Highway and supporting the Bonita Canyon route which has.been signed by 1,213 residents - 1,133 people in favor and 80 people opposed. (Copies mailed to Council) 4. The following communications were referred to the City Clerk for filing and inclusion in the records: (a) A Ruling on Motion for Continuance and Order in the Matter of the Statement of Issues Regarding the Application of the County of Orange for a variance from certain State noise regulations pertaining to the Orange County Airport. (Attached) (195) (b) A letter from Edna Crane regarding airplane noise and enclosing a newspaper clipping regarding birth defects caused by high noise levels of jet aircraft. (Copies mailed to (195) Council) Volume 32 - Page 54 CITY OF NEWPORT BEACH COUNCILMEN MINUTES ,p �i 9 co p� F pif+ S �\ ROLL CALL I • (c) A Newsletter from the American Cetacean Society featuring an item on the clubbing of baby harp seals. (Copies mailed to Council) (20) (d) A letter from the Westside Commercial Management Company advising that the Lido Village has been sold to the Lido Marina Village, 2222 Corinth Avenue, Los Angeles, California 90064. (Copies mailed to Council) (20) (e) A Notice from the Local Agency Formation Commission regarding a hearing on March 8, 1978 in connection with the proposed annexation to the City of Newport Beach designated Tract No. 9291 (transfer from City of Costa Mesa) located northeasterly of Tract 7989 on an extension of Sundance Drive. (Copies mailed to Council) (25) (f) A Notice from the Local Agency Formation Commission regarding a hearing on 'March 8, 1978 in connection with a.proposed annexation to the City of Costa Mesa designated Sunset Bluffs Annexation located southerly of Pacific Avenue and westerly of Victoria. (20) (g) A letter from the State Controller attaching statements showing the amount of revenue estimates to be paid to the cities from Highway Users Taxes, Motor Vehicle License Fees, Highway Carriers' Uniform Business License Tax and the Off- Highway Motor Vehicle License Fees. (Copies mailed to (422) Council) (h) Notice of Application for Fare Adjustment before the Public Utilities Commission from James H. Lyons, attorney for Airport Service, Incorporated. (Copies mailed to Council) (20) (i) Agenda of the Board of Supervisors meetings of February 28, March 1, 7 and 8, 1978. (20) (j) Removed from the Consent Calendar. (k) A letter from E. P. Benson opposing a buildin moratorium. (Copies mailed to Council) (2873) 5. The following claims were denied and the City Claims Clerk's referral to the insurance carrier was confirmed: (a) Claim of James E. Bell II for property Bell damage to his automobile on February 22, (2886) 1978 at the corner of North Bristol and Birch Streets when it was allegedly hit by a • Police vehicle. (b) Claim of Frank D. Guertin.for personal Guertin injuries when he was allegedly assaulted on (2887) November 17, 1977 by Police Officers in the parking lot of the Arches Restaurant. II Volume 32 - Page 55 � CITY OF NEWPORT BEACH COUNCILMEN \ MINUTES 'P y O0 1A 4P \i �cF ROLL CALL N r \ \ Mnrrh iz ion • (c) Claim of Paul D. and Josephine McClary for McClary damage to their property at 1901 Glenwood (2888) Lane when a tree on City property fell and damaged the roof of their home, a fence and two trees.during a wind and rain storm on February 9 -10, 1978. (d) Claim of Howard J. Silva for property damage Silva to his automobile on February 11, 1978 when (2889) his vehicle was struck by the door of a Police vehicle when it was opened on Pacific Coast Highway between Tustin and Riverside Drive. (e) Claim of Judith Ann Stevenson for property Stevenson damage to her automobile on February 17, (2890) 1978, when her car was side - swiped by a City truck on East 17th Street. (f) Claim of Mrs. J. L. Vinzant for reimburse- Vinzant ment of a plumbing bill for repairs to a (2891) City -owned pipe which she had paid. The pipe broke on or about November 21, 1977. 6. The City Clerk's referral of the following Summons and Complaints to the insurance carrier was confirmed: (a) Summons and Complaint of Lori Mullan for Mullan damages, Case No. 28 -50 -04 in the Orange (2753) County Superior Court. The original claim of Lori Mullan (a minor) by Jack Mullan was for personal injuries resulting from an automobile accident on April 22, 1977. (b) Summons and Complaint of Helena Hardeman, Hardeman Case No. 26 -48 -37 in the Orange County (2754) Superior Court. The original claim was for personal injuries when she was arrested at 27th Street and West Ocean Boulevard on July. 4, 1977. 7. The following request to fill personnel vacancies was approved: (A report from the City Manager) (1203F) (a) One Parking Control Officer position in the Police Department to fill a position now vacant. (b) One Utilities Serviceworker position in the Public Works Department, Utilities Division, to fill a• position now vacant. 8. Set for public hearing on March 27,1978: (a) Tentative Map of Tract No. 10274, a request Tract 10274 of the Bank of Newport to subdivide 5.507 • acres into one lot for multiple family residential condominium development and one lot for commercial development, adjacent to Irvine Terrace on property located at 2101 and 2121 East Coast Highway and 777 Avocado Volume 32 - Page 56 CITY OF NEWPORT BEACH COUNCILMEN MINUTES AO y OO 'p PG TsO 1��� 9� < ROLL CALL �\ ` March 13, 1978 INDEX Avenue on property bounded by East Coast Highway, Avocado Avenue, Kewanee Drive, and Zahma Drive; zoned Unclassified. (A report from the Community Development Department) (b) Adoption of issue identification and work Coastal program for Local Coastal Program. (A Development report from the Community Development (709) Department) 9. The following maintenance dredging harbor permits Harbor were approved subject to the conditions of Permits approval under the general permit issued by the (304F) Corps of Engineers: 11108- 2124,.Byron Farwell, 2124 E. Balboa Boulevard; 11109 -1617, C. J. Segerstrom, 1617 E. Bay Avenue; 11116 -1112, G. H. Stricker, 1112 W. Bay Avenue; 11135 -101, T. E.. Ellison, 101 Harbor Island Road; 11173 -201 Lido Isle Community Association, Lido Bridge Marina; and 11175 -444, Rod Soderling, 444 Via Lido Nord. (A report from the Marine Department) 10. Retaining an acoustic consultant for an Airport Airport Study and appropriating $750.00 from the Airport Growth Growth Control Fund was approved. (A report from Control Fund the City Attorney) (2853) 11. The following budget amendments were approved: BA -69 Removed from the Consent Calendar.' BA -70, $5,000.00 transfer of Budget Appropriations for purchase and installation of an OCLC system for cataloging books; from Special Departmental Expense to Libraries, Equipment, N.O.C., Library Fund. BA -71, $3,000.00 transfer of Budget Appropriations from Building Excise Tax to Plumbing - Balboa Island Fire Station, General Fund. BA -72, $3,600.00 transfer of Budget Appropriations and increase in Revenue Estimates for survey of City -owned property on Bay Avenue - current lessees to contribute $1,800.00, from Unappropriated Contingency Reserve and Donations Contributions to Nondepartmental, Services - Professional, Technical, etc., General Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: - .. 1. A report was presented from the Board of Library W Npt Trustees regarding the air conditioning for the Library West Newport Branch Library. (1459) Motion x Councilman Kuehn made a motion that the following Budget Amendment not be approved at this time: BA -69, $8,700.00 increase in Budget Appropriations for air conditioning for West Newport Branch Library, from Building Excise Tax to Equipment, N.O.C., Library Fund. i Volume 32 - Page 57 CITY OF NEWPORT BEACH COUNCILMEN 19 ROLL CALL \ \ March 13. 1978 MINUTES iRd>ff14 X x A vote was taken on Councilman Kuehn's motion, Noes x x x x x which motion failed to carry. Motion x Mayor Dostal made a motion to approve BA -69, Ayes x x x x x x which motion carried. • Noes x 2. A report was presented from the Public Works Drafting Pit/ Department regarding the plans and specifications Parking Lot for constructing a drafting pit and extending the Mariners parking lot at Mariners Fire Station;,and ton- Fire Stn - structing handball courts at Mariners Park, Handball Cts Contract No. 2002. Mariners Pk (2726 & 1033) Motion x Councilman Ryckoff made a motion to approve the plans and specifications without the handball courts. Motion x Councilman McInnis made a substitute motion to Ayes x x x x x x x postpone the item to March 27 with staff to come back with more information, which motion carried. 3. A report was presented from the Public Works BI Bulkhead Department regarding plans and specifications for Coping Repair the Balboa Island bulkhead coping repair, (2879) Contract No. 1860. Motion x The plans and specifications were approved; and �s x x x x x x x the City Clerk was authorized to advertise for bids to be opened at 2:30 p.m. on April 6, 1978. 4. A report was presented from the City Attorney W Cst Hwy regarding abandonment of condemnation action to Widening acquire the Davidson Realty office on West Coast (2552) Highway. Motion x The City Attorney was authorized to abandon the Ayes x x x x x x x condemnation action to acquire the Davidson Realty property upon the condition that the State Department of Transportation approves of the modification to the street widening. 5. A letter to the City Manager from the Director of S A River the Santa Ana River Flood Protection Agency Flood outlining the progress and set -back of the flood Protection Motion x project was referred to the City Clerk for filing Agency Ayes x x x x x x x and inclusion in the record, and the staff was (2058) directed to notify the Director of the Agency that the matter will be taken up at the regular Budget Committee meetings and that he will be advised as to the City's participation at a later time. • i Volume 32 - Page 58 COUNCILMEN \� V 0 A �G sin s \T ROLL CALL Motion Ayes CITY OF NEWPORT BEACH MINUTES March 13. 1978 OrCo Airport Authority Cmte (195) ADDITIONAL BUSINESS: x 1. Mayor Pro Tem Barrett was directed to send a x x x x x x x letter to the Mayors and Councilmen of the Orange . County cities expressing the City's support of Mayor Dostal's candidacy for the Regional Airport Authority Committee. The Mayor declared the meeting adjourned at 10:15 p.m. Mayor ATTEST: City Clerk C,q VFF ^xr t I Volume 32 - Page 59 I i i OrCo Airport Authority Cmte (195)