HomeMy WebLinkAbout05/22/1978 - Regular MeetingCOUNCILMEN
9 C n y
F s
ROLL CALL 3J pis
CITY OF NEWPORT BEACH
Regular Council Meeting
Place: Council Chambers
Time: 7:30 P.M.
Date: May 22, 1978
MINUTES
WRITIn
Oesent
x
x
x
x
x
x
x
Roll Call.
Motion
The reading of the Minutes of the Regular Council
Ayes
x
x
x
x
x
x
Meeting of May 8, 1978 was waived, and said Minutes
Abstain
x
were 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 ordered to read by titles only.
HEARINGS:
1. Mayor Ryckoff opened the continued public
Vacation/
hearing on the vacation and abandonment of a
Clubhouse Dr
portion of Clubhouse Drive, located northeasterly
(2882)
of East Coast Highway between Newport Center
Drive and Jamboree Road (Entrance to Irvine
Coast Country Club).
A report was presented from the Public Works
Department.
Forest Smith, President of the Irvine Coast
Country Club,addressed the Council and asked
that the Club not be assessed for a traffic
signal.
"^tion
x
The hearing was closed after it was determined
s
x
x
x
x
x
x
x
that no one else desired to be heard.
Resolution No. 9335, ordering the vacation and
R -9335
abandonment of a portion of Clubhouse Drive
Motion
x
right -of -way (entrance to Irvine Coast Country
Ayes
x
x
x
x
x
x
x
Club), was adopted; and the staff was directed
to slurry seal the public street.
2. Mayor Ryckoff opened the continued public
Variance
hearing and City Council review of the decision
No. 1067
of the Planning Commission to approve Variance
(2923)
No. 1067, a request of James R. Gill for con-
struction 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 on property at 11111
Park Avenue, southerly of Park Avenue and westerly
of Emerald Avenue on Balboa Island.
A report was presented from the Community
Development Department.
A letter from James R. Gill, applicant, was
presented with a petition bearing 215 signatures
of residents in favor of the demolition and
rebuilding of a new single- family residence at
1111i Park Avenue.
A letter from Janis Green, John W. Werlie and M.
M. Wiggins was presented protesting action of
the Board of Directors of the Balboa Island
Improvement Association approving Variance No.
1067.
Volume 32 - Page 111
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
i%y fi1,c.y�s�$p
ROLL CALL May 22. 1978 INDEX
•
Letters and copies of letters opposing Variance
No. 1067 were presented from Martha Carpenter
Scott, William H. and Doris E. Schmidt, Virginia
and Oliver Park, Lee Cook Cuyler, Mariana M.
Wiggins, William H. Schmidt, Mrs. F. S. Markham,
Mae B. and William B. Munn, Mary and Art
Vitarelli, Janis and C. R. Green, Dr. C. C.
Andress, Shirley A. Lawler, Ray C. Oltman,
Rosemarie L. Bean, Mrs. A. J. Vitarelli, Phyllis
0. Okrand and Jean Skall, and petitions (not
previously submitted) bearing 25 signatures
opposed to the variance.
A letter dated April 24 from the Balboa Island
Improvement Association opposing the Variance,
and a letter dated May 17, 1978 from the Balboa
Island Improvement Association supporting the
Variance were presented.
The following people addressed the Council in
support of Variance No. 1067: Jim Gill, owner
and applicant; Bruce Brown, architect for Mr.
Gill; Gail Vinje, President of the Balboa Island
Improvement Association; Robert C. Morton, who
presented a letter; Don Tyler, member of the
Board of the Improvement Association; and Ed
Siebel.
•
The following people addressed the Council in
opposition to Variance No. 1067: Art Vitarelli,
Rosemarie Bean and John Werlie.
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
The decision of the Planning Commission was
Ayes
x
x
x
x
overruled, and Variance No. 1067 was denied,
Noes
x
x
x
including the following findings: (a) that
there are no exceptional or extraordinary
circumstances applying to the land, building or
use referred to in this application; (b) that
the granting of the application is not necessary
for the preservation and enjoyment of substantial
property rights of the applicant; and (c) that the
granting of such application would, under the
circumstances of this particular case, materially
affect adversely the health or safety of persons
residing or working in the neightborhood of the
property of the applicant.
3. Mayor Ryckoff opened the continued public hearing
Tract 9676
regarding Tentative Map of Tract No. 9676, a
request of .McLain Enterprises to subdivide 25.1
acres for residential condominium development,
and ingress and egress and private vehicular
circulation within the project known as Sea
Island, on property located at 1100 Jamboree
Road, across Jamboree Road from the Newporter
Inn, zoned P -C.
Volume 32 - Page 112
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
,ACi��O %9G 2yi
ROLL CAL L MCP � May 22, 1978 INDEX
A report was presented from the Community
- Development Department.
A report was presented from the City Manager
concerning a meeting of members of the City
Council with the Department of Fish and Game
and the developer.
Bob McLain of McLain Development and Wes Pringle,
traffic consultant, addressed the Council. Mr.
McLain asked that the project be approved with
suggested additional conditions.
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
The Tentative Map of Tract No. 9676 was approved,
Ayes
x
x
x
x
x
x
subject to the following additional conditions
Abstain
x
and findings:
(a) Additional findings -
(1) A finding that the project would be
excepted from the new traffic
ordinance, based on evidence
submitted by Mr. Pringle and Mr.
McLain on the traffic impact.
(2) A finding that the development
of the property at the reduced
density is consistent with the
intent of existing zoning, and
approval of concept may be issued
at the time the revised plot plan
has been submitted to Staff.
(b) Additional conditions -
(1) That the density be reduced from
226 units to a maximum of 132 units.
(2) That the open space requirement
and the park ordinance requirement
be resolved by locating six
publicly -owned acres in the West
Bay Area that would be satisfactory
to the City Council, and that this b
resolved no later than the Council
meeting of Monday, June 12, 1978,
if possible.
(3) That it is recognized that the
reduction in density necessitates
revisions of the lot lines in the
map, but that these revisions
would go directly to the City
Council for approval.
(4) That a drainage and erosion control
plan to be approved by the geological
engineer be included, and that this
cover both during and after the
•
project.
Volume 32 - Page 113
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
yG �' f� �•t y��� �p
2i� 9 pT y�G� 2�S
ROLL CALL �d'� 9 May 22, 1978 INDEX
•
4. Mayor Ryckoff opened the public hearing regarding
Ordinance No. 1764, being,
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
District
AMENDING A PORTION OF DISTRICTING MAP NO. 35
Map 35
TO RECLASSIFY LAND FROM THE UNCLASSIFIED
(2942)
DISTRICT TO THE P -C DISTRICT AND AMENDING THE
PLANNED COMMUNITY DEVELOPMENT PLAN FOR KOLL
CENTER NEWPORT TO PERMIT THE INCREASE IN THE
BUILDING SITE AND ALLOWABLE BUILDING AREA OF
OFFICE SITE C, AND THE ACCEPTANCE OF AN
ENVIRONMENTAL DOCUMENT (Property located on
the easterly side of MacArthur Boulevard
between Campus Drive and Birch Street in and
adjoining Koll Center Newport),
Planning Commission Amendment No. 505, a request
of The Irvine Company, Newport Beach.
A report was presented from the Community Develop-
ment Department.
David Neish of Urban Assist, representing The
Irvine Company, addressed the Council and asked
that the requested addition of 1.6 acres be
approved.
Motion
x
The hearing was closed after it was determined
•s
x
x
x
x
x
x
x
that no one else desired to be heard.
Motion
x
Ordinance No. 1764 was referred back to the
Ayes
x
x
x
x
x
x
x
Planning Commission to determine conformance with
Policy S -1.
5. Mayor Ryckoff opened the public hearing regarding
Federal
the use of Federal Revenue Sharing Funds for the
Revenue
fiscal year 1978 -79.
Sharing
(1159)
A report was presented from the City Manager.
Motion
x
The hearing was closed after it was determined
Ayes
x
x
x
x
x
x
x
that no one desired to be heard.
The use of Federal Revenue Sharing Funds as
Motion
x
proposed in the 1978 -79 Budget was tentatively
Ayes
x
x
x
x
x
x
x
approved pending the hearing to be held on the
1978 -79 Fiscal Year Budget.
CONTINUED BUSINESS:
1. A letter dated April 17 from the Newport Beach
Council
Firefighters Association, Inc. was presented
Policy
requesting that the compensation standards for
430F
entry level police safety positions as set out in
Council Policy J -1 be made applicable to all City
safety employees.
Sam Wells, representing the Newport Beach Fire-
fighters Association, addressed the Council and
urged approval of the request.
Volume 32 - Page 114
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
o tiG2i
F�
ROLL CALL UP May 22, 1978 INDEX
•
Mr. Wells was granted three additional minutes for
his presentation.
Motion
x
Councilman McInnis made a motion to amend the last
paragraph of Council Policy J -1, which was added
by Council on February 27, 1978, to read as
follows: "Nothwithstanding the above, total
compensation, including salaries and benefits, for
entry level public safety employees shall be
established at levels comparable to the top three
cities in Orange County. The application of this
policy pertaining to public safety employees
shall, of course, be subject to constraints
imposed upon the City by a limitation in municipal
revenues."
Harry Kamph addressed the Council in support of
the request of the Firefighters Association.
Ayes
x
x
A vote was taken on Councilman McInnis' motion,
Noes
x
x
x
x
x
which motion failed to carry.
2. A report dated May 8 was presented from the Marine
Harbor
Department regarding Harbor Permit Application No.
Permits
225 -530 by Christian Ebsen and Arnold Peterson to
(304F)
construct a jointly -owned pier and float at 530
and 534 S. Bay Front.
•
Christian Ebsen addressed the Council and
questioned the location of the existing pier and
asked the Council to determine the ownership of
that pier.
Ed Siebel addressed the Council and stated his
feelings that Council deliberations should be
limited to the Harbor Permit Application.
Roy Woolsey, representing Carroll Beek, addressed
the Council and also asked the Council to make a
finding of ownership of the existing pier.
Glen Welden, Tidelands Administrator, gave a brief
staff report.
Harbor Permit Application #225 -530 of Christian
Ebsen and Arnold Peterson to construct a jointly -
owned pier and float at 530 and 534 S. Bay Front
Motion
x
was denied; and the staff was directed to clarify
Ayes
x
x
x
x
x
x
x
the City records to indicate that the existing
structure at 528 S. Bay Front is owned solely by
Mrs. Carroll Beek, in accordance with the recom-
mendations of the Joint Harbor Committee.
Allan Beek addressed the Council suggesting
amending City policy regarding the construction
of piers.
•
3. A letter dated March 30 to Mayor Ryckoff from
CEQAC
Miles R. Stover resigning from the Environmental
(1058)
Quality Citizens Advisory Committee was presented.
Volume 32 - Page 115
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
Ci
ROLL CALL< (P � May 22, 1978 INDEX
•
(District 5) Mayor Ryckoff's appointment of Robert
W. Scholler as a member of the Environmental
Quality Citizens Advisory Committee to fill the
Motion
x
unexpired term of Miles Stover ending December 31,
Ayes
x
x
x
x
x
x
x
1978,. was confirmed.
4. A letter dated May 8 from the Litter Control
Litter Con
Citizens Advisory Committee regarding the resig-
CAC
nation of Charles K. Paskerian was presented.
(2046)
(District 6) Councilman Hummel's appointment of
Mary Wagner, as a member of the Litter Control
Citizens Advisory Committee to fill the unexpired
Motion
x
term of Charles K. Paskerian ending December 31,
Ayes
x
x
x
x
x
x
x
1978, was confirmed.
5. A report was presented from the City Manager
Balboa Pier
concerning the bid received for the operation of
Concession
the Balboa Pier Concession.
(726)
John Aslanian addressed the Council for his
brother Hrand Aslanian, the bidder for the con-
cession, and urged award of the concession
contract.
Motion
x
A decision on the concession contract was post -
Ayes
x
x
x
x
x
x
x
poned to June 12 to permit further investigation
of the qualifications.
•
6. A report was presented from the City Manager
Fireworks
regarding the request by the Balboa Improvement
(423)
Association for City assistance in sponsoring
their annual fireworks display.
Motion
x
The request was denied.
Ayes
x
x
x
x
x
x
x
7. A report dated May 12 from the Chief of Police to
Pornography
the City Manager was presented regarding the
Initiative
proposed initiative petition on pornography.
(2947)
Resolution No. 9336, supporting initiative legis-
R -9336
Motion
x
lation known as "Abatement of Moral Public
Ayes
x
x
x
x
x
x
x
Nuisance Law," was adopted.
8. A report was presented from the Public Works
Mariners
Department regarding construction of drafting pit,
Park
enlarging the parking lot at Mariners Fire
(1033)
Station, and construction of handball courts at
Mariners Park, Contract No. 2002.
Resolution No. 9337, awarding the contract to
R -9337
Masonry Engineers, Inc. for enlarging the parking
lot at Mariners Fire Station and constructing
handball courts at Mariners Park, Contract No.
2002, and deleting the drafting pit, was adopted;
x
and budget amendments in the amount of $17,500 for
10ion
8
x
x
x
x
x
x
x
the project were approved.
Volume 32 - Page 116
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
ROLL CALL d' 9 May 22, 1978 1Nnar
•
CURRENT BUSINESS:
1. A report was presented from the Public Works
Alley Re-
Departt regarding the proposed realignment of
alignmt
alleys in Block 5, East Newport (in City block
E Npt
bounded by Balboa Boulevard, Eighth Street, West
B1 5
Bay Avenue and Seventh Street).
(2947)
Motion
x
The following resolutions were adopted:
Ayes
x
x
x
x
x
x
x
Resolution No. 9338 adopting a map showing
R -9338
two parcels of the most westerly alley in
Block 5 of the East Newport Tract which are
proposed to be vacated, closed up and
abandoned;
Resolution No. 9339 declaring Council's
R -9339
intention to order the closing up and
abandonment of the most westerly alley in
Block 5, East Newport Tract, and setting a
public hearing for June 12,
and the staff was authorized to prepare an agree-
ment between the City and the Newport Harbor
Yacht Club in which the Yacht Club agrees to
dedicate and improve a new alley connecting the
westerly end of the existing alley to Eighth
Street in consideration for the proposed vacation
•
of the most westerly alley in Block 5, East
Newport.
2. Mayor Ryckoff made an oral report in behalf of the
Planning
Council Appointments Committee, and stated that
Comsn
the Committee's recommendations were as follows:
(530F)
(a) Allan Beek to fill the unexpired term of
Jacqueline Heather ending June 30, 1979.
-
(b) David Shores to fill the unexpired term of
Paul Hummel ending June 30, 1980.
Final selection by the Council will be made at the
meeting on June 12, in accordance with Council
Policy A -4.
3. A letter from Harold M. Zinn was presented asking
Animal
for a waiver of the penalty for the late renewal
Control
of the license for his dog.
(862)
Motion
x
The request was denied.
Ayes
x
x
x
x
x
x
x
4. A report was presented from the Community Develop-
Tract 9858
ment Department regarding the Final Map of Tract
No. 9858, a request of The Irvine Company to
approve a final map to subdivide 48.068 acres into
nine numbered lots for residential condominium
•
development, five numbered lots for recreational
and open space purposes, and seven lettered lots
for streets on property bounded by existing
Spyglass Hill Development, the Bren III Develop-
ment, Broadmoor Seaview, San Miguel Drive and the
San Joaquin Reservoir site; known as a portion of
Harbor Ridge; zoned P -C.
Volume 32 - Page 117
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
ROLL CALL �d'� May 22, 1978 INDEX
•
Sue Picker addressed the Council regarding erosion
problems in the area.
Jim Whaley of Irvine Pacific Company addressed the
Council and stated that they concur with the
findings of the staff, and that they will in-
stitute an erosion control plan.
The Final Map of Tract No. 9858, incorporating by
reference the condition recommended by the
Motion
x
Planning Commission, was approved; and Resolution
R -9340
Ayes
x
x
x
x
x
x
x
No. 9340, approving a subdivision agreement
guaranteeing completion of the improvements
required with Tract No. 9858, and authorizing the
Mayor and City Clerk to execute the agreement, was
adopted.
5. A report was presented from the Community Develop-
Tract 9859
ment Department regarding the Final Map of Tract
No. 9859, a request of The Irvine Company to
approve a final map to subdivide 15.022 acres into
two numbered lots for residential condominium
development, two numbered lots for recreational
and open space purposes, and four lettered lots
for streets on property bounded by existing
Spyglass Hill Development, Broadmoor Seaview' San
Miguel Drive, and the San Joaquin Reservoir site,
known as a portion of Harbor Ridge; zoned P -C.
The Final Map of Tract No. 9859, incorporating by
reference the condition recommended by the
Motion
x
Planning Commission, was approved; and Resolution
Ayes.
x
x
x
x
x
x
x
No. 9341, approving a subdivision agreement
R -9341
guaranteeing completion of the improvements
required with Tract No. 9859, and authorizing the
Mayor and City Clerk to execute the agreement, was
adopted.
6. A report was presented from the Community Develop-
Tract 9860
ment Department regarding the Final Map of Tract
No. 9860, a request of The Irvine Company to
approve a final map to subdivide 13.648 acres into
thirty -seven numbered lots for residential develop-
ment, one numbered lot for park purposes, and two
lettered lots for streets on property bounded by
existing Spyglass Hill Development, the Bren III
Development, Broadmoor Seaview, San Miguel Drive
and the San Joaquin Reservoir site, known as a
portion of Harbor Ridge; zoned P -C.
The Final Map of Tract No. 9860, incorporating by
reference the conditions recommended by the
Motion
x
Planning Commission, was approved; and Resolution
Ayes
x
x
x
x
x
x
x
No. 9342, approving a subdivision agreement
R -9342
guaranteeing completion of the improvements
required with Tract No. 9860, and authorizing the
Mayor and City Clerk to execute the agreement, was
•
adopted.
Volume 32 - Page 118
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
ono i rAi �N� y Mav 22. 1978 INDEX
•
7. A report was presented from the Public Works
Marinapark
Department regarding the shelter facility at
(209)
Marinapark, Contract No. 2010.
The apparent low bidder, Bourget Construction of
Motion
x
Irvine, was allowed to withdraw its bid of $27,200
Ayes
x
x
x
x
x
x
x
because of a mistake in preparing the bid; and all
other bids submitted for the project were rejected.
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 ordinance was introduced and set for
public hearing on June 12, 1978:
(a) Proposed Ordinance No. 1765, being, AN
Traffic
ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING
Phasing
CHAPTER 15.40 TO THE NEWPORT BEACH MUNICIPAL
Plan
CODE ESTABLISHING A TRAFFIC PHASING PLAN TO
0 -1765
COORDINATE DEVELOPMENT OF CERTAIN PROJECTS
(2873)
WITH TRANSPORTATION FACILITIES IN NEWPORT
BEACH. (A report from the City Attorney)
Passed to second reading on June 12, 1978:
(b) Proposed Ordinance No. 1766, being, AN
Harbor
ORDINANCE OF THE CITY OF NEWPORT BEACH
Regulations
AMENDING SECTION 17.41.040 OF THE NEWPORT
0 -1766
BEACH MUNICIPAL CODE RELATING TO FEES FOR
(386)
PERMITS FOR COMMERCIAL ACTIVITIES ON THE
WATERS OF NEWPORT HARBOR. (A report from the
City Manager)
(c) Proposed Ordinance No. 1767, being AN
Residential
ORDINANCE OF THE CITY OF NEWPORT BEACH
Bldg Records
AMENDING SECTION 15.35.040 OF THE NEWPORT
0 -1767
BEACH MUNICIPAL CODE RELATING.TO APPLICATIONS
(819)
FOR REPORTS OF RESIDENTIAL BUILDING RECORDS.
(d) Proposed Ordinance No. 1768, being, AN
Water
ORDINANCE OF THE CITY OF NEWPORT BEACH
Meters
AMENDING SECTION 14.20.030 OF THE NEWPORT
0 -1768
BEACH MUNICIPAL CODE RELATING TO THE AMOUNT
(2948)
OF DEPOSIT CHARGED FOR TESTING WATER METERS.
2. The following resolutions were adopted:
(a) Resolution No. 9343 approving an agreement
Site Plan
guaranteeing the completion of the public
Review #7
improvements required with site plan review
R -9343
No. 7 and authorizing the Mayor and City
(2952)
Clerk to execute the agreement. (Located on
North Newport Boulevard between Catalina
Drive and Santa Ana Avenue) (A report from
•
the Public Works Department)
(b) Resolution No. 9344 approving the parcel map
Resub 566
for Resubdivision No. 566, accepting East
R -9344
Balboa Boulevard, Palm Street, the alley and
(2949)
the easement for sidewalks and pedestrian
Volume 32 - Page 119
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
ROLL CALL` May 22, 1978 IN<1Fx
•
purposes as dedicated, accepting the vehicu-
lar access rights to East Balboa Boulevard as
released and relinquished. (A report from
the Public Works Department)
(c) Resolution No. 9345 a Subdivision Agreement
Resub 566
guaranteeing completion of the improvements
R -9345
required with Subdivision No. 566, and
(2949)
authorizing the Mayor and City Clerk to
execute the agreement.
(d) Resolution No. 9346 authorizing the Mayor to
Fernleaf/
execute a Cooperative Agreement with the
Coast Hwy
Coastal Municipal Water District in connec-
Water Meter
tion with the construction, maintenance and
R -9346
operation of a water meter at the CM -1
(2950)
service connection at Fernleaf Avenue and
Coast Highway. (A report from the Public
Works Department)
(e) Resolution No. 9347 awarding a contract to
Coast Hwy
Hardy and Harper -in connection with West
Bike Trail
Coast Highway Bike Trail, Newport Boulevard
R -9347
to 57th Street, Contract No. 1904, in the
(2591)
amount of $32,226.25. (A report from the
Public Works Department)
(f)' Resolution No. 9348 establishing the parking
Parking
•
fees, times of operation, recreation meter,
Meter Fees
and use of seasonal parking permits in
R -9348
connection with the off - street parking meter
(119)
Zone 17 located on the westerly side of
Newport Boulevard between 28th Street and the
alley southerly of 38th Street. (A report
from the Public Works Department)
(g) Resolution No. 9349 approving the admission
Library
of the Buena Park Public Library into the
R -9349
Santiago Library System. (A report from the
(474)
Library)
(h) Resolution No. 9350 approving a Subdivision
Resub 555
Agreement guaranteeing completion of the
R -9350
improvements required with Resubdivision No.
(2951)
555, and authorizing the Mayor and City Clerk
to execute the agreement; located on the
northerly side of Surrey Drive, northerly of
Cameo Highlands Drive (A report from the
Public Works Department)
(i) Resolution No. 9351 establishing the duties
Revenue &
and responsibilities of the Revenue and
Taxation
Taxation Steering Committee. (A report from
Steering Cmte
the City Attorney)
R -9351
(2724)
(j) Resolution No. 9352 establishing investiga-
Business
tion, application and other fees relating to
License
•
business licenses and regulations in connec-
Fee
tion with Title 5 of the Newport Beach
R -9352
Municipal Code and rescinding Resolution No.
(891)
9099.
Volume 32 - Page 120
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
?7i .A i of 9G'22
;
ROLL CALL 9�J'� pis May 22, 1978 INDEX
•
(k) Resolution No. 9353 amending Subsection A of
Harbor
Section 12 of the Harbor Permit Policies
Permit
relating to the schedule of fees for permits
Policies
to become effective July 1, 1978, and re-
R -9353
scinding Resolution No. 9098.
(386)
(1) Resolution No. 9354 establishing mooring fees
Mooring
and a late payment penalty pursuant to
Fees
Section 17.22.050 of the Newport Beach
R -9354
Municipal Code, and rescinding Resolution
(67)
No. 8753.
(m) Resolution No. 9355 establishing sign permit
Sign
fees and residential building record in
Permit
connection with Title 15 of the Newport Beach
Fees
Municipal Code, and rescinding Resolution No.
R -9355
9107.
(2677)
(n) Resolution No. 9356 establishing filing,
Com Dev
appeals and other fees relating to zoning
Procedures
actions in connection with Title 20 of the
R -9356
Newport Beach Municipal Code to become
(1376)
effective July 1, 1978, and rescinding
Resolution No. 9097.
(o) Resolution No. 9357 establishing resubdivision
Com Dev
and tentative map filing fees in connection
Procedures
with Title 19 of the Newport Beach Municipal
R -9357
•
Code and rescinding Resolution No. 9106.
(1376)
(p) Resolution No. 9358 establishing a fee of
Harbor
$250.00 for permits for commercial activities
Regs
on the waters of Newport Harbor.
R -9358
(386)
(q) Resolution No. 9359 authorizing the Mayor and
.
City Clerk to execute a Consent to Sale of
Marinapark
Mobilehome and Trailer Space in Newport
R -9359
Marinapark (Queen and Elliott). (A report
(209)
from the City Attorney)
(r) Resolution No. 9360 declaring the City's
Irvine
intention to abandon a portion of Irvine
Terrace
Terrace Park and fixing a time to hold a
Park Prop
public hearing to consider any objections to
R -9360
the abandonment; setting June 26 as the date
(2422)
for the public hearing. (A report from the
Parks, Beaches and Recreation Director)
(s) Resolution No. 9361 authorizing a Helicopter
Police
Maintenance Agreement between the City and
Helicopters
Tallmantz Aviation, Inc. (A report from the
R -9361
City Attorney)
(943)
3. The following communications were referred as
indicated:
•
(a) Removed from the Consent Calendar.
(b) To staff for report back, a report from the
Bicycle
Bicycle Trails Citizens Advisory Committee
Trails
(205F)
Volume 32 - Page 121
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
3�.P C�C+�yti
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93, < tiifi tp
ROLL CALL d' May 22, 1978 INDEX
•
recommending the installation of curbside
pushbutton traffic signal controls on heavily
traveled bikeways when they cross inter-
sections within the jurisdiction of Newport
Beach. (Attached)
(c) To staff for report back, a request from the
Greenville
Newport Shores. Community Association re-
Banning
garding the problems involved because of the
Channel
lack of maintenance of the Greenville Banning
(148)
Channel. (Copies mailed to Council)
(d) To staff for reply, a complaint from the
Upper
Associated Students of UCI that the waters of
Newport
the Upper Newport Bay are contaminated and
Bay
requesting tests be made to determine the
(355)
levels of the coliforms present. (Copies
mailed to Council)
(e) To Pending Legislation and Procedural Ethics
Legislation
Committee, a resolution of the City of Buena
Other Cities
Park urging the State Legislature to amend
Resolutions
Penal Code 313 and 313.1 by redefining
(1429)
"Harmful Matter to Minors." (Copies mailed
to Council)
(f) To Pending Legislation and Procedural Ethics
Crossing
Committee, a resolution of the City of
Guards
Westminster urging the State Legislature to
(1429)
place the responsibility for crossing guards
with school districts. (Copies mailed to
Council)
(g) Removed from the Consent Calendar.
(h) To staff for report back, a letter from
Bldg
Terence Welsh requesting that the proposed
Moratorium
office building at 3700 Campus Drive be
(2873)
exempted from the "policy" limiting issuance
of building permits which was adopted by the
City Council on May 8, alleging that the
development rights were vested. (Attached)
(i) Removed from the Consent Calendar.
4. The following communications were referred to
the City Clerk for filing and inclusion in the
records:
(a) A letter to the City Attorney from State
Senator Carpenter regarding Assembly Bill
2659 relating to local agency employer -
employee relations. (Attached)
(436)
(b) A letter from Al "King Alfonso" Lizanetz
regarding Avco Corporation. (Copies mailed
(20)
to Council)
(c) A resolution from the City of Westminster
limiting requirements for legal publications
of ordinances.
(547)
Volume 32 - Page 122
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
3 �Z �9GZZ
ROLL CALL d'T May 22, 1978 irunFr
•
(d) Notice of Hearing before the Public Utilities
Commission of the application of Greyhound
Lines, Inc., Orange Belt Stages, Peerless
Stages Inc., Vaca Valley Buslines, Inc.,
Desert Stage Lines and Redwood Empire
Lines, Inc. for fare increases.
(20)
(e) Agenda of the Board of Supervisors meetings
of May 9, 10, 16 and 17, 1978.
(20)
5. The following claims were denied and the City
Claims
Clerk's referral to the insurance carrier was
confirmed:
(a) Claim of Donal and Elisabeth Vallandigham
Vallandigham
for property damage to their home at 702
(2953)
Iris Avenue when they were flooded during
the storms occurring on February 28 through
March 1, 1978 alleging City negligence in
not removing emergency storm drain covers
soon enough to avert the damage.
(b) Claim of Sylvia Goddard for personal
Goddard
injuries and property damage when her home
(2954)
was flooded with 91 feet of water during
the storm which occurred on February 28,
1978, alleging that the City did not have
adequate flood control measures.
•
(c) Claim of Richard Neal Eaton and Ray Charles
Eaton/
Randel for an allegedly repeated pattern of
Randall
unconscionable conduct on the part of the
(2941)
Newport Beach Police Department which
occurred from February 1, 1978 to the
present time. The claimants have previously
filed a Summons and Complaint, Case No.
28 -6942 in the ..Orange County Superior Court
on March 24, 1978.
(d) Claim of Renee Selden for property damage
Selden
to her automobile on May 5, 1978 when she
(2956)
drove over a water pipe which angled into
the alley between 20th Street and McFadden
Place and her tire was damaged.
(e) Claim of Anne T. Westgate for property loss
Westgate
on April 18 1978 when a City trash man
(2957)
allegedly picked up her wheelbarrow in the
alley at 608 Avocado Avenue and it was
ground up before she could retrieve it.
(f) Claim of Southern California Gas Company
So Calif
for property damage on April 18, 1978 when
Gas Co
a City Water Department employee allegedly
(2958)
punctured a 1/2" gas service while probing
to locate a water line in the alley behind
•
300 Apolena Avenue.
(g) Claim of-John Depko for personal injuries
Depko
which occurred on February 4, 1978 when he
(2959)
was playing frisbee in the parking area of
the Corona del Mar State Beach Park and
Volume 32 - Page 123
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
�3 P,A
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ROLL CALL May 22, 1978 INDEX
•
stepped off the curb and his bare foot was
stabbed with a tire spike. He is alleging
City negligence in not posting warnings
regarding the tire spikes.
(h) Claim of L. D. Schmitz for property damage at
Schmitz
4901 Bruce Crescent when a trash truck ruined
(2960)
a Brazilian Pepper tree in his yard on
May 4, 1978.
6. Summons and Complaints:
(a) For confirmation of the City Clerk's
Harrod
referral to the insurance carrier of the
(2788 &
Summons and Complaint of Jordeane Harrod,
2789)
.an individual, and Ronald Harrod, an
individual, for personal injuries, Case No.
28 -52 -61 in the Orange County Superior
Court. Mrs. Harrod's original claim was
for damage and personal injuries; and Mr.
Harrod's original claim was for the loss of
consortium as a result of an automobile
accident on June 15, 1977.
(b) For confirmation of the City Attorney's
Mariners
referral to the County Counsel, and author-
Church
ization to the County Counsel to appear and
(2961)
defend the interests of the City of Newport
•
Beach, Summons and First Amended Complaint
for Refund of Taxes Erroneously Collected
from Mariners Church, a California Religious
corporation, Case No. 26 -93 -76 in the
Superior Court of Orange County. (A
report from the City Attorney)
7. The following request to fill personnel vacancies
was approved: (A report from the City Manager)
(1203F)
(a) One Police Clerk I position in the Police
Department to fill a position now vacant.
(b) One Business License Inspector position in
the License Division, Finance Department to
fill a position now vacant.
(c) One Police Officer position in the Police
Department to fill a position to be vacant.
(d) Two Parking Control Officers in the Police
Department to fill a position to be vacant
and a position now vacant.
8. There were no staff reports.
9. The following was set for public hearing on
June 12, 1978:
(a) Preliminary Budget as prepared by the City
Budget,
Manager for the fiscal year 1978 -79, pursuant
1978 -79
to Section 1102 of the Newport Beach City
(2934)
Charter.
Volume 32 - Page 124
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
ROLL CALL
9�d' T�.pss May 22, 1978 INDEX
•10.
The plans and specifications for the 1978 Seal
Seal Coat
Coat Project, Contract 2022, were approved; and
Project
the City Clerk was authorized to advertise for
1978
bids to be opened at 10:30 a.m. on June 14,
(2723)
1978. (A report from the Public Works Department)
11. The plans and specifications for the Water Main
CdM Water
Construction and Replacement - Corona del Mar
Main Constr
1977 -78, Contract No. 1957, were approved; and
& Repl
the City Clerk was authorized to advertise for
(2885)
bids to be opened at 2:30 p.m. on Tuesday, June 13,
1978. (A report from the Public Works Department)
12. The plans and specifications for Phase I -
Npt /Bal
Lighting System Replacement on Balboa and
Piers
Newport Piers, 1977 -78, Contract No. 2001, were
Lighting
approved; and the City Clerk was authorized to
(2962)
advertise for bids to be opened at 10:30 a.m. on
Tuesday, June 13. (A report from the Public
Works Department)
13. The plans and specifications for the Senior
Sr Citizens
Citizens' Center Multi - purpose Building, Contract
Center
No. 1981, were approved; and the City Clerk was
Multi -Purp
authorized to advertise for bids to be opened at
Bldg
2:30 p.m. on June 29, 1978. (A report from the
(2784)
Public Works Department)
•
14. The work on the Cement - Mortar Lining Cast Iron
W Npt & Bal
Water Pipe, West Newport and Balboa Peninsula,
Penin Water
1977-78, Contract No. 1979, was accepted; and
Pipes
the City Clerk was authorized to file a Notice
1978 -79
of Completion and to release the bonds 35 days
(2819)
after Notice of Completion has been filed. (A
report from the Public Works Department)
15. The work on the Construction of Phase 1 Improve-
Cliff Dr
ments at Cliff Drive Park, Contract No. 1677,
Park
was accepted; and the City Clerk was authorized
(1970)
to file a Notice of Completion and to release
the bonds 35 days after the Notice of Completion
has been filed. (A report from the Public Works
Department)
16. The Amendment to Section XI of Council Policy K -3,
Council
"Implementation, of the California Environmental
Policy
Quality Act, " regarding environmental impact
(430F)
report fees., was approved.
17. The Amendment to Section 12 of Council Policy H -1,
Council
"Harbor Permit Policies," regarding initial
Policy
permit fees, was approved.
(430F)
18. The City Clerk was directed to publish a Notice
Legal
_. .Inviting Bids to be received at or before the hour
Notices &
of 7:30 p.m. on June 12, 1978 for a contract
Publications
covering the publishing and printing of all legal
(547)
notices, or other material required to be pub-
lished in a newspaper of general circulation
published and circulated in the City of Newport
Beach for the fiscal year ending June 30, 1979.
Volume 32 - Page 125
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
RN gS22i
ROLL CALLC S Mav 22. 197R INDFX
•
19. The expense accounts of Councilmen Paul Hummel in
the amount of $121.81 and Donald A. Strauss in the
amount of $98.66 for attendance at the League of
Cities'New Mayors and New Councilmen Conference in
San Diego May 3 -5, 1978 were approved.
20. The following budget amendments were approved:
BA -86, $1,500.00 increase in Budget Appropriations
and increase in Revenue Estimates for Arts
Festival Program advertising space, donation from
Allstate Savings, from Unappropriated Surplus and
Donations and Contributions to Non - departmental,
Special Departmental Expense, General Fund.
BA -87, $1,315.00 transfer of Budget Appropriations
for purchase of files for storage of Personnel
files, including examinations, from Personnel-
Services, Prof., Tech., etc. to Personnel, Office
Equipment, General Fund.
BA -88, $36,500.00 increase in Budget Appropria-
tions and increase in Revenue Estimates for
construction of the Coast Highway Bikeway from
Newport Boulevard to 57th Street with funds
provided by the County, from Unappropriated
Surplus and Donations and Contributions to Coast
Highway Bikeway /Newport Boulevard to 57th Street,
•
General Fund.
BA -89, $12,500 transfer of Budget Appropriations
for construction of parking lot and relocation of
rear driveway at Mariners Fire Station, from
General Fund, Install Drafting Pit - Newport Center
Fire Station to Building Excise Tax Fund.
BA -90, $5,000.00 increase in Budget Appropriations
for construction of parking lot and relocation of
rear driveway at Mariners Fire Station ($3,000.00)
and construction of handball courts at Mariners
Park ($2,000.00) from Unappropriated Surplus,
Building Excise Tax Fund.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A report from the Bicycle Trails Citizens Advisory
Bicycle
Committee requesting an extension of the bike
Trails
trail along the beach from just south of the
CAC
Motion
x
Balboa Pier downcoast to the point of the Penin-
(205F)
Ayes
x
x
x
x
x
x
x
sula was received and ordered filed.
2. A report was presented from the Transportation
So East
Plan Citizens Advisory Committee regarding a
OrCo
public hearing held by the County on proposed
Circulation
routes for the San Joaquin Corridor and recom-
Study
mending the Council write the County requesting
(2157)
that the consultant consider the two alternatives
to the north which were not discussed during the
hearing.
Volume 32 - Page 126
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
yG�''�•ycy�d'� ;p
�9 s
ROLL CALL �i�T May 22, 1978 INDEX
Otion
x
Mayor Ryckoff made a motion to receive and order
Ayes
x
x
x
filed, which motion failed to carry.
Noes
x
x
x
x
Motion
x
Mayor Pro Tem Williams made a motion to refer the
Ayes
x
x
x
x
x
x
letter to staff to write a letter to the County
Noes
x
requesting that the consultant consider the two
alternatives to the north, which motion carried.
3. A letter from the Balboa Island Chamber of Commerce
BI Trfc
was presented protesting the new traffic plan and
Circula-
partial closing of Marine Avenue.
tion
(2955)
The following people addressed the Council and
asked that work be stopped and the item postponed
to June 12: Bob Yardley, who presented 16 letters
with similar requests, and Jack Hildreth.
Ed Siebel, a member of the Board of the Balboa
Island Improvement Association and also of the
three -man committee which worked with the staff to
devise the traffic plan, addressed the Council and
urged that the work proceed.
Motion
x
Mayor Ryckoff made a motion to refer the letter
from the Balboa Island Chamber of Commerce to the
staff for a report back.
10
Lee Cuyler, of the Balboa Island Improvement
Association, addressed the Council and stated that
copies of all the studies involved would be
forwarded to the Council.
Ayes
x
x
x
Mayor Ryckoff amended his motion to direct that
Noes
x
x
x
x
implementation on the traffic plan will proceed
and that the matter will be reported back to
Council at the next meeting, if possible, with all
information.available, which motion failed to
carry.
Motion
x
Councilman Heather made a motion to direct the
Ayes
x
x
x
x
x
x
x
staff to investigate and report back at the next
meeting, and to suspend action on the traffic
plan, which motion carried.
ADDITIONAL BUSINESS:
Motion
x
1. Resolution No. 9270, supporting any legitimate
OrCo
Ayes
x
x
x
x
x
study to resolve the Regional Air Transportation
Airport
Noes
x
x
needs in Orange County, was reaffirmed.
R -9270
(195)
Motion
x
The staff was directed to resubmit a copy of
Ayes
x
x
x
x
Resolution No. 9270 to the League of California
Noes
x
x
Cities.
Abstain
x
Mayor Ryckoff declared the meeting adjourned at 11:15
11:15 p.m.
Mayo
ATTEST:
Volume 32 - Page 127
ity Clerk