HomeMy WebLinkAbout04/10/1978 - Regular MeetingCOUNCILMEN
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CITY OF NEWPORT BEACH
Regular Council Meeting
Place: Council Chambers
Time: 7:30 P.M.
Date: April lo, 1978
MINUTES
INDEX
esent
x
x
x
x
x
x
x
Roll Call.
The reading of the Minutes of the Regular Meeting of
Motion
x
March 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:
1. Mayor Dostal opened the public hearing regarding
Npt Place
Planning Commission Amendment No. 504, a request
PC Stds
of Emkay Development and Realty Company, Newport
(1275)
Beach, to amend the Planned Community Development
Standards for Newport Place to allow the Planning
Commission to grant exceptions to the minimum lot
size requirement of 30,000 square feet in the .
Planned Community. Property located in Tract
7382, bounded by Birch Street, MacArthur Boulevard,
and Bristol Street North in Newport Place; zoned
P -C.
A report was presented from the Community Develop -
ment Department.
Motion
x
The hearing was closed after it was determined
�es
x
x
x
x
x
x
x
that no one desired to be heard.
Resolution No. 9307, adopting an amendment to the
R -9307
Planned.Community Standards for "Newport Place" to
permit the Planning Commission to grant exceptions
to the minimum lot size requirement of thirty
Motion
x
thousand (30,000) square feet in the Planned
Ayes
x
x
x
x
x
x
x
Community, was adopted; and the environmental
document was accepted.
2. Mayor Dostal opened the public hearing on the
Vacation/
vacation and abandonment of a portion of Clubhouse
Clubhouse
Drive, located northeasterly of East Coast Highway
(2882)
between Newport Center Drive and Jamboree Road
(Entrance to Irvine Coast Country Club)
A report was presented from the Public Works
Department.
Forest Smith addressed the Council inquiring as to
the reason for abandonment, who would be respon-
sible for the street until the vacation becomes
effective and possible repair of the street by the
City.
Motion
x
The matter was continued to May 22; and referred
Ayes
x
x
x
x
x
x
x
to staff for report back.
CURRENT BUSINESS:
•
1. A report was presented from the Public Works
Vacation/
Department regarding the vacation and abandonment
E1 Capitan Di
(2922)
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CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
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ROLL CALL
f April 10, 1978
of a portion of E1 Capitan Drive from Spyglass
Hill Road to San Joaquin Hills Road (Spyglass Hill
area).
Motion
x
The following resolutions were adopted:
Ayes
x
x
x
x
x
x
x
Resolution No. 9308 adopting a map showing the
R =9308
.portion of E1 Capitan Drive proposed to be vacated.
Resolution No. 9309 declaring the Council's
R -9309
intention to order the vacation and abandonment of
a portion of El Capitan Drive, and setting May 8,
1978, as the date for the public hearing con-
cerning the intended vacation.
Mayor Pro Tem. Barrett stepped down from the Council
table due to a possible conflict of interest on the
next item.
2. A request from the Cliff Haven Community Associa-
Lester
tion was presented asking the Council to
Appeal
reconsider its action taken on March 13, 1978
(2880)
agreeing to the lot split at 600 E. 15th Street,
due to the fact that the CCSR's of Cliff Haven do
not permit lot splits.
William "Pat" Lester addressed the Council
opposing reconsideration of the March 13 action.
Bob Cooper, representing the Cliff Haven Community
Association, addressed the Council in support of
the reconsideration.
Motion
x
The request was approved, and reconsideration of
Ayes
x
x
x
x
x
x
the appeal of William Lester from the decision of
Abstain
x
the Planning Commission denying Resubdivision 572
to create two parcels of land for residential
development where one lot now exists and the
acceptance of an environmental document on
property located at 600 - 15th Street, Newport
Beach, was set for public hearing on April 24,
1978.
Mayor Pro Tem. Barrett resumed his seat at the Council
table.
3. Requests by the Costa Mesa Art League and the
Special
Huntington Beach Art League for special consider-
Events
ation on the City permit fee of $25.00 per month
(540)
were presented. Both Leagues have been invited to
exhibit one day a month by the merchants of Lido
Plaza.
A report was presented from the License Supervisor.
Maggie Wintle, representing the Huntington Beach
Art League, addressed the Council opposing the
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monthly fee.
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CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
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x
The request was denied without prejudice and the
*ion
s
x
X.
x
x
x
x
x
staff was instructed to work out something on a
quarterly basis within the limits of the City's
ordinances.
4. A report was presented from the City Manager
Council
regarding Council Policy F -19, "Contracts."
Policy
(430F)
Motion
x
Council Policy F -19.#"Contracts ":was adopted.
Ayes
x
x
x
x
x
x
x
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. Ordinances for Introduction - Removed from the
Consent Calendar.
2. The following resolutions were approved:
(a) Resolution No. 9310 approving the application
Urban Open
for Grant Funds under the Roberti- Z'Berg
Space & Rec
Urban Open Space and Recreation Program for
Program
replacement of restroom at 19th Street and
R -9310
the Bay. (A report from the Parks, Beaches
(2640)
and Recreation Director)
(b) Resolution No. 9311 authorizing the Mayor and
BI Bridge
•
City Clerk to execute an Agreement for
R -9311
Professional Engineering Services between the
(725)
City of Newport Beach and Boyle Engineering
Corporation in connection with design.report
for Balboa Island Bridge repairs. (A report
from the Public Works Department)
(c) Resolution No. 9312 approving a Parcel Map for
Resub 567
Resubdivision No. 567 and accepting the offer
R -9312
of dedication of a portion of MacArthur
(2906)
_
Boulevard, Birch Street and Von Karman Avenue
-
and the vehicular access rights to Von Karman
as released and relinquished. (A report from
the Public Works Department) -
(d) Resolution No. 9313 approving a Parcel Map
Resub 570
for Resubdivision No. 570 and accepting the
R -9313
offer of dedication of an easement for
(2907)
traffic signal purposes and the vehicular
access rights to Jamboree Boulevard, MacArthur
Boulevard and Von Karman Avenue. (A report
from the Public Works Department)
(e) Resolution No. 9314 supporting legislation to
Legal
limit the requirements for legal publication
Notices
of ordinances. (A report from the City
R -9314
Clerk)
(547F)
•
(f) Removed from the Consent Calendar.
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CITY OF NEWPORT BEACH
COUNCILMEN
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ROLL CALL A ril 10 1978
MINUTES
INDEX
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3. The following communications were referred as
indicated:
(a) To staff for report back, a letter from Wm.
Curb Cut
E. Doud & Co., Inc. regarding the curb cut on
Abatements
property at 2800 E. Coast Highway (Goldenrod
(687)
and Coast Highway) Corona del Mar. (Copies
mailed to Council)
(b) To staff for report back, a letter from
Curb Cut
Realonomics Corporation protesting the
Abatements
closing of the remaining driveway leading
(687)
from Heliotrope onto the property located at
2850 -54 East Coast Highway, Corona del Mar.
(Copies mailed to Council)
(c) To staff for report back, a letter from Roger
Bloxham
Bloxham requesting Council take the necessary
Driveway
steps to restore the use of his driveway
(2042)
(incorporated in the modification of the
Arcade parking and striping program approved
by Council 9- 13 -76). (Attached)
(d) To staff for reply, a letter from Marian
Animal
Haberman regarding the possibility of being
Control
allowed to walk dogs 5:00 p.m. to 9:00 a.m.
(862)
in the summertime also. (Copies mailed to
Council)
•
4. The following communications were referred .to the
City Clerk for filing and inclusion in the records:
(a) Letters opposing the proposed change in
surfing regulations from Mr. and Mrs. George
Davidson, Patricia Visel and the West Newport
Beach Improvement Association. (Copies
(281)
mailed to Council)
(b) A copy of a letter to the Chamber of Commerce
from Roger L. Combs regarding pollution from
litter, debris and dog feces, and suggesting
penalty fines and more trash cans on the
(2046)
_ beach. (Copies mailed to Council)
(c) A copy of a letter to the Orange County
Transportation Commission from Ronald Kennedy
asking that the Minutes of the Transportation
Plan Citizens Advisory Committee Meeting of
March 1 be corrected. (Copies mailed to
(960)
Council)
(d) A letter from the Santa Rosa Recycling Center
regarding the United States Brewers Associa-
tion Litter Prevention Program. (Copies
(2046)
mailed to Council)
(e) Notices from the Local Agency Formation
Commission regarding hearings on April 12,
•
1978 regarding the following annexations:
(20)
(1) Proposed annexation to the City of Costa
Mesa designated Bristol /Red Hill
Annexation, located southeasterly of Red
Hill and southwesterly of Bristol.
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CITY OF NEWPORT BEACH
COUNCILMEN
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Rnl.l CAI 1`PS A< n
April 10, 1978
MINUTES
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(2) Proposed annexation to Costa Mesa
.
Sanitary District designated Engineer's
No. 174 Annexation, located northwesterly
of Red Hill and northeasterly of Bristol.
(3) Proposed annexation to Costa Mesa
Sanitary District designated Engineer's
No. 178 Annexation, located northwesterly
of Red Hill and northeasterly of Bristol.
(f) A resolution of the City of Costa Mesa
concerning the housing distribution proposals
of the Southern California Association of
Governments.
(447F)
(g) Agenda of the Board of Supervisors Meetings
of March 28, 29, April 4 and 5, 1978.
(20)
(h) A letter from Alfonso Lizanetz protesting
"big government." (Copies mailed to Council)
(20)
(i) A letter from WeTiP (We Turn in Pushers)
requesting support for their program.
(Copies mailed to Council).
(889)
5. The following claims were denied and the City
Claims
Clerk's referral to the insurance carrier was
confirmed:
(a) Claim of Oliver D. Burden III for property I
Burden
•
damage to his mo -ped on April 3, 1978 when he
(2908)
allegedly ran over an uncovered manhole in
the alley near 21st Street.
(b) Claim of Robert Hall, Jr. and Ann E. Hall for
Hall
personal injuries and the wrongful death of
(2909)
their daughter, Elizabeth J. Hall, which
occurred due to an automobile accident on or
about January 1, 1978 on the Newport Bay
Bridge allegedly due to the design and
construction as well as the traffic control
equipment of the bridge.
(c) Claim of Patricia Porreca for personal
Porreca
injuries sustained on or about January 1,
(2910)
1978 when she was involved in an automobile
accident at the Newport Bay Bridge, allegedly
due to inadequate lighting and signs warning
of the narrowing approach to the bridge.
(d) Claim of Pacific Telephone and Telegraph
Pacific Tel
Company for property damage to buried cables
(2911)
at 949 West 16th Street by the Irvine Pipe-
, line Company, a subcontractor for the
Griffith Company, who was working on the 16th
Street Utility Storage Yard, our Public Works
contract.
(e) Claim of Home Insurance Company as subrogee
Home Ins Co/
•
for George Chase for property damage to Mr.
Chase.
Chase's vehicle and two other vehicles on
(2912)
December 28, 1977 on San Joaquin Hills Road
resulting from an accident allegedly incurred
by a defect in the roadway.
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CITY OF NEWPORT BEACH
COUNCILMEN
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Rn11 _ 11 \ \ April 10, 1978
MINUTES
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(f) Claim of June V. Bradley for property damage
Bradley
•
to her two garages located at 520 Fernleaf
(2913)
Avenue on March 21, 1978 when a City trash
truck hit the garages, completely demolishing
one and badly damaging the other.
(g) Claim of Jay Bryan Ferguson for towing costs
Ferguson
incurred when his car was towed away from
(2914)
5103 Seashore Drive on March 14, 1978 which
he alleges was illegally done since the car
was not parked there for 72 hours.
(h) Claim of J. 0. Yungfleisch Insurance as
Yungfleisch
subrogee for Progressive Produce for property
Ins Co
damage to their vehicle. on January 25, 1978
(2915)
when a City Paramedic van collided with
Progressive Produce's parked vehicle on
Amethyst Street while answering an emergency
call.
(i) Claim of James H. and Darlene M. Marovish for
Marovish
property damage by a City tree falling into
(2916)
their garage door on February 27, 1978 at
1941 Windward Lane.
(j) Claim of Carmen Beretta, Administratrix of
Beretta
the Estate of Andrea Qualls, for costs
(2917)
incurred resulting from the death of Mrs.
Qualls on December 27, 1977 when she was
involved in an automobile accident at the
intersection of Jamboree and Ford Roads,
allegedly due to City negligence.
(k) Claim of Wendy Sue Thatcher for personal
Thatcher
injuries and property damage resulting from a
(2918)
collision caused by overhanging shrubbery
blocking her view into the intersection at
Bayside Drive and the alley east of Marguerite
on January 21, 1978.
(1) Claim of David Brent McCosker for property
McCosker
damage to his automobile on March 18, 1978
(2919)
when a City truck backed into his car on
- Crystal Avenue.
(m) Claim of Sargent Investigations and Security,
Sargent Inv
Inc., and Dennis W. Graffi alleging threaten-
& Graff.i
ing behavior from two Newport Beach Police
(2920)
Offices on February 10, 1978 at 342 Buena
Vista Boulevard in Newport Beach.
(n) Claim of Westbrook Corporation for property
Westbrook
damage to their truck on February 10. 1978
Corp
when a City tree blew over damaging the bed
(2921)
of the truck while it was parked at 3510
Second Avenue.
6. The City Clerk's referral of the following Summons
•
and Complaints to the insurance carrier was
confirmed:
(a) Summons and Complaint of Dorothy Danielle
Johnson &
Johnson and William E. Manrow III for damages
Manrow
(2786/2791)
Volume 32 - Page 80
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
9 y �0N�,c 'FG sip
9 \ F 2
cF��v by �y�s
ROLL C4LL� �N \ \ April 10, 1978 INDFY
(slander, libel, malicious prosecution,
•
intentional infliction of emotional distress,
false imprisonment, conversion, and invasion
of privacy), Case No. 28 -69 -93 in the Orange
County Superior Court. The original claim in
connection with her arrest was filed on
June 16, 1977.
7. The following staff reports were received and
ordered filed:
(a) A report from the City Attorney regarding
PB &R
Coastline Community College use of City
Rec Program
facilities. (Attached)
(1897)
(b) Removed from the Consent Calendar.
8. The plans and specifications for the Construction
Marinapark
of Marinapark Shelter Facilites, Contract No.
Shelter Fac
2010, were approved; and the City Clerk was
(209F)
authorized to advertise for bids to be opened at
2:30 p.m. on May 11, 1978. (A report from the
Public Works Department)
9. The plans and specifications for the Street
St Imprv/
Improvements - West Coast Highway (ORA 001), Dover
W Cst Hwy
Drive to 3,800 feet West, Contract No. 1891, were
(538)
approved; and the City Clerk was authorized to
advertise for bids to be opened at 2:30 p.m. on
•
April 25, 1978. (A report from the Public Works
Department)
10. 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: 11175 -812, Dr. J. Congdon, 812
Via Lido Nord; 01175 -744, Bonnie Stauffer, 744 Via
Lido Nord; $111 -1022, Floyd Blower, 1022 E. Balboa
Boulevard; 11225 -1702, Dorcas Donnelly, 1702 S. Bay
Front. (A report from the Marine Department)
.11. The request by Duncan McIntosh to temporarily moor
Temporary
the S. S. Catalina bayward of Lido Village Marina
Moorings
in conjunction with the 1978 In -The -Water Boat
(2312)
Show was approved. (A report from the License
Supervisor)
12. The following budget amendments were approved:
BA -74, $364,000.00 increase in Budget Appropria-
tions from Federal Revenue Sharing to Newport
Center Branch Library, Federal Revenue Sharing
Fund.
BA -75, $349,500.00 increase in Budget Appropria-
tions from Building Excise Tax to Newport Center
Branch Library, Building Excise Tax Fund.
•
BA -76, $12,000.00 increase in Budget Appropria-
tions from Building Excise Tax to West Newport
"
Park Restroom, Building Excise Tax Fund. (A
report from the Parks, Beaches and Recreation
Director)
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Volume 32 - Page 81
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
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ROLL CALL \ \ April 10, 1978 MnFY
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ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A report was presented from the Public Works
Library
Department regarding the construction of the
(2030)
Newport Center Branch Library.
Motion
x
Resolution No. 9315, awarding a contract to J. Ray
R -9315
Ayes
x
x
x
x
x
x
Construction Company for the construction of the
Noes
x
Newport Center Branch Library, was.adopted.
2. A report was presented from the Public Works
Carnation Av
Department regarding a petition dated February 24,
Beach /Street
1978 regarding the storm drain outlet at Carnation
End
Cove.
(847)
Motion
x
The staff was directed to obtain estimates of the
Ayes
x
x
x
x
x
x
x
cost of extending the drain, and to contact the
County to determine any potential interest in
cooperating with the City on the project.
3. A report was presented from the Public Works
Speed Limits
Department regarding a proposed fifty mile per
(163F)
hour speed limit on Jamboree Road between Mac-
Arthur Boulevard and San Joaquin Hills Road.
Jack Keating, President of the Eastbluff Homeowners
Association, addressed the Council and requested
that the speed limit be lowered to forty miles per
•
hour and stated the noise levels were not being
taken into consideration.
Proposed Ordinance No. 1763, being, AN ORDINANCE
0 -1763
OF THE CITY OF NEWPORT BEACH AMENDING SECTION
12.24.058 OF THE NEWPORT BEACH MUNICIPAL CODE
ESTABLISHING A FIFTY MILES PER HOUR SPEED LIMIT ON
JAMBOREE ROAD BETWEEN MACARTHUR BOULEVARD AND SAN
JOAQUIN HILLS ROAD, was introduced and passed to
second reading on April 24, 1978; and the staff
Motion
x
was instructed to come back with a report as soon
Ayes
x
x
x
x
x
x
x
as possible.
ADDITIONAL BUSINESS:
Motion
x
1. On motion of Councilman Ryckoff, the City Council
Var 1067
Ayes
x
x
x
x
x
x
x
elected to review the decision of the Planning
(2923)
Commission approving Variance 1067, a request to
permit the construction of a single - family dwelling
on a lot in the R -1.5 District that exceeds 1.5
times the buildable area of the site, located at
111` -I Park Avenue, portions of Lot 19 and 20, Block
1, Section One, Balboa Island, and the matter was
set for public hearing on April 24, 1978.
Motion
x
2. The City Attorney was authorized to retain
OrCo Airport
Ayes
x
x
x
x
x
x
x
Attorney Leonard Hampel and Consultant Henry Wedaa
Growth
to assist the City in connection with the analysis
Control Fund
•
of the revised Orange County Airport Environmental
Impact Report, with fees to.be paid from the
(2853)
Airport Growth Control Fund (maximum $15,000).
Motion
x
3. The staff was directed to proceed to obtain bids
Balboa Pier
Ayes
x
x
x
x
x
x
x
to be opened on May 9, 1978 -for the Balboa Pier
Concession
Concession.
(726)
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COUNCILMEN MINUTES
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on, I cal I April 10, 1978
INDEX
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The meeting was adjourned to 4:30 p.m., Tuesday,
April 18, 1978 for the purpose of receiving the City
Clerk's Certificate of Canvass of the results of the
General Municipal Election, installation of the newly-
elected Councilmen and election of Mayor and Mayor Pro
Tempore.
Mayor
•
ATTEST:
City Clerk a �S!✓F���
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