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HomeMy WebLinkAbout11/13/1978 - Regular MeetingCOUNCILMEN 3T9�iP ROLL CALL s' CITY OF NEWPORT BEACH Regular Council Meeting Place: Council Chambers Time:., 7:30 P.M. Date: November 13,1978 MINUTES INDEX sent x x x x x x x A. Roll Call. B. The reading of the Minutes of the Regular Meeting Motion x of October 24; 1978 was waived, and said Minutes All Ayes, were approved as written and ordered filed. C. The reading in full of all ordinances and resolu- Motion x tions under consideration was waived, and the City All Ayes Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Ryckoff opened the public hearing on the Sham & Kent appeal of Sham & Kent, architects for the Bank of Appeal America, 501 - 31st Street, Newport Beach, from (3109) the decision of the Planning Commission at its meeting of October 5, 1978, regarding Conditions No. 2 and 3, imposed in connection with its approval of Use Permit No. 1886, a request to permit a drive -up teller facility in conjunction with the construction of a permanent Bank of America branch banking complex located at 2600 San Miguel Drive in Newport Hills Center. This request would also involve a modification to the Harbor View Hills Planned Community Development Standards with regard to the permitted height and number of signs for the proposed facility. A copy of the appeal application and a report from the Community Development Department were presented. A letter from Dr. Parker L. Hubert of San Marino was presented in support of the Planning Commission action. Dick Kent of Sham & Kent, architects, addressed the Council as agent for Bank of America. Bob Warburton addressed the Council protesting too many signs. Motion x The hearing was closed after it was determined All Ayes that no one else desired to be heard. Motion x The decision of the Planning Commission was All Ayes sustained. 2. Mayor Ryckoff opened the continued public hearing Seal's & regarding the request of Seal's Ambulance Service Schaeffer and of Schaefer Ambulance Service for an increase Ambulance in ambulance rates. Services (65 & 521) ` Request letters from Seal's Ambulance Service and from Schaefer Ambulance Service were presented. A report was presented from the City Manager. • Phil Gazzo, Vice President of Orange County Operations for Schaefer Ambulance Service, and Volume 32 - Page 276 CITY OF NEWPORT BEACH COUNCILMEN MINUTES G��tq� `y O�ti9d,22/ F � ROLL CALL �d'� 9 November 13, 1978 INDEX • Larry Seal of Seal's Ambulance Service addressed the Council regarding their increased costs of operation. Motion x The hearing was closed after it was determined no All Ayes one else desired to be heard. Resolution No. 9456, amending the base, mileage R -9456 and stand -by rates for ambulance service within the City and rescinding Resolution No. 8751, was - adopted as amended to limit the approval to a one - year period with the understanding that when they Motion x came back at the end of that period, they are to Ayes x x x x produce separate accounting acceptable to the City Noes x x x of Newport Beach. 3. Mayor Ryckoff opened the public hearing regarding P -C Planning Commission Amendment No. 514, a proposed Districts amendment to the Planned Community Districts, (1771) initiated by the City of Newport Beach, to require the preparation of a phasing plan consistent with the Circulation Element of the General for _Plan the following P -C District areas: 1) Corporate Plaza 2) North Ford 3) Emkay Development 4) Koll Center Newport • 5) Aeronutronic -Ford A report was presented from the Community Develop - ment.Department.. Letters received after the Agenda was printed were presented from California Canadian Bank requesting advance exemption from the requirements of the traffic phasing ordinance in connection with their office expansion at the corner of Campus and Jamboree, and from Allan Beek asking that this item be postponed to November 27, 1978. Motion x The public hearing was continued to November 27. All Ayes 4. Mayor Ryckoff opened the public hearing regarding Council's review by the City Council of the following Right of Rev decision of the Planning Commission in connection Prudential with Pacific Plaza (Prudential Insurance Company) Ins Co made at its meeting of October 19, 1978: (3095) (a) Acceptance of the traffic report prepared in compliance with the Traffic Phasing Ordinance. (b) Acceptance of the Environmental Impact Report, and approval of Resubdivision No. 563, a request of The Irvine Company to resubdivide an existing parcel into two parcels, one for • the proposed office building, hotel and parking structure, and one for sign purposes only on property located at 600 Newport Center Drive. Volume 32 - Page 277 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 9 C C+ y 2 o SG�i ROLL CALL 9�s T�ys� NnvPm1,PT 19. 1Q7R INDEX • (c) Approval of the conversion of 90,000 square feet of office space in Block 600 for a hotel facility, and approval of development of a 500 -room hotel complex as proposed. (d) Denial of the reallocation of office space Block 500 to Block 600, and denial of the 22- story (450,000 square feet) office building as proposed. A report was presented from the Community Develop- ment Department. " Letters opposing the 500 -room hotel from Mr. and _ Mrs. Caryl Oakes, Charles and Marian Ecclestone, Janet H. Bell, Brian and Lavonne Smith, Doris B. and Edmund A. Schreiber, James M. Dodds, Julia Mandeson, and Donald Smith were presented. Letters opposing the hotel complex were received after the Agenda was printed from the following:. Cindy Kinny, Mrs. E. Camp and Mr. and Mrs. Robert Short. The following people addressed the Council in favor of the proposed hotel development: Robert Wheeler, attorney for Prudential Insurance Company; Ernie Wilson of Langdon & Wilson, architect on the project; James A. Knolls, mechanical engineer on • the project; T. Duncan Stewart; Stephen Gavin, President of Pacific Mutual Life Insurance; Kae Ewing; Bill picker; Dick Kent of Sham & Kent; and Michael Lewis, an employee of Prudential Insurance Company. Motion x Mr. Wheeler was granted thirty minutes for his All Ayes presentation. John B. Kingsley and Winnie Short addressed the Council and opposed the hotel complex. Motion x Mr. Kingsley was granted two additional minutes All Ayes for his presentation. Mike Wright of Westec Services, Inc. addressed the Council briefly in response to a question by Councilman Heather in connection with runway 19 at Orange County Airport and advised that the building did not reach into the air space. Motion x The hearing was closed after it was determined All Ayes that no one else desired to be heard. Motion x Thf October 19, 1978 decision of the Planning Ayes x x x x x Commission in connection with Pacific Plaza Noes x x (Prudential Insurance Company) was overrruled in part as follows: • (a) The traffic report prepared in compliance with the Traffic Phasing Ordinance was not accepted; Volume 32 - Page 278 CITY OF NEWPORT BEACH COUNCILMEN MINUTES yG ��A �� 10 ygG22 ROLL CALL �d pss November 13, 1978 INDEX 12? (b) Resubdivision No. 563, a request of The • Irvine Company to resubdivide an existing parcel into two parcels, one for the proposed office building, hotel and parking structure, and one for sign purposes only on property located at 600 Newport Center Drive was denied (c) Conversion of 90,000 square feet of office space in Block 600 for a hotel facility, and approval of a development of a 500 -room hotel complex as proposed was denied. (d) The denial of the reallocation of office space in Block 500 to Block 600, and denial of the 22 -story (450,000 square feet) office building as proposed was affirmed; and the following findings were incorporated: A. Block 600 Traffic Study 1. That a traffic study has been prepared which analyzes the impact of the proposed project on the peak hour traffic and circulation system in accordance with Ordinance No. 1777. However, the inter- section of MacArthur and Jamboree was not considered in the analysis. • 2. That the traffic study indicates that the project- generated traffic .will be greater than one percent of existing fr traffic during the 2.5 hour peak period 4CA on any leg of the critical intersections, and will add to an unsatisfactory level of traffic service, , at eleven critical intersections which v will have an Intersection Capacity a" Utilization of greater than .90, -4J tA-rc4 re, tiz�rpP DSCl Prat B<:} ry.sy CO.ry Sep I rv, k. i,/a r3 l'y o+., 4Y,$ }S rra.PF.'o n t: oa ,f, 4440aa entrrSeGi7sN3- }s r�.' 14 ,_ ./ 01C That the traffic study suggests sever ments to the traffic syste according to the calcul ons, rove the level of t fic service ac table level ten of the rQ/ 6_Y al int ectio , and will improve �,/ 1 /? isting le of traffic service at ainin pac d intersection. Xac Pr, proposed rovements to is systems are no cceptable City as mitigation mea es ary to reduce traffic impac That the scheduling and implementation a ate" the suggested improvements to t I�� it 1 / traff,i4,system are contingent o actors beyond th ediate contro of the City p.r and the develop and t the develop- • ment of the project not be phased with the constr on of rovements to the circula ' n system. There the propose roject may cause or make e an u atisfactory level of traffic vice. Volume 32 - Page 279 12? CITY OF NEWPORT BEACH COUNCILMEN MINUTES G y l Ply � 339�c,��v2 ROLL CALL �'I'� 9 November 13, 1978 INDEX • B. Final Environmental Impact Report 1. That the Final Impact Report is complete .- and has been prepared in compliance with the California Environmental Quality Act and that its contents have been con- sidered in the decisions on this project. 2. That based on the information contained in the Final E.I.R., the proposed project will result in significant adverse impacts on traffic and may contribute to adverse air quality condi- tions in the region. The economic and social benefits to the community do not override the anticipated negative environmental effects of the project. C. Resubdivision No. 563 1. That the City Council is not satisfied with the plan of development in that it does not take into account improvements to the traffic system which may be . beyond the immediate control of the City and, therefore, it will cause or make worse an unsatisfactory level of traffic service and will contribute to existing adverse air quality conditions in the • region. D. Airport 1. That the hotel would be an undesirable traffic generator on the Orange County Airport. 5. Mayor Ryckoff opened the public hearing regarding Bluff a proposed ordinance, being, Development Regulations AN ORDINANCE OF THE CITY OF NEWPORT BEACH (3077) ADDING CHAPTER 20.04 TO THE NEWPORT BEACH MUNICIPAL CODE ENTITLED "BLUFF DEVELOPMENT REGULATIONS" TO ESTABLISH REGULATIONS FOR THE DEVELOPMENT OF BLUFF AREAS IN THE R -A, R -1, R -1.5, R -2, R -3, R -4 AND "B" COMBINED - DISTRICTS, Planning Commission Amendment No. 516, a request initiated by the City to consider an amendment to Title 20 adopting regulations for blufftop develop - ments in all residential zone districts, except the Planned Community Districts, for new construc- tion and additions to existing structures. A report was presented from the Community Develop- ment Department. • A letter from Edward Maloney was presented asking ' that public view be protected in older developed sections of the City. Volume 32 - Page 280 COUNCILMEN � � ROLL CALL �d 9 s CITY OF NEWPORT BEACH November 13, 1978 MINUTES INDEX The following letters were received after the • Agenda was printed: a letter from Charles A. . McKenna, Jr., attorney for Mrs. Margaret E. Oser, owner of the parcel at 2505 Cliff Drive, objecting to Amendment No. 516; and a letter from Friends of Inspiration Point in favor of the Amendment. The following people addressed the Council in favor of the proposed ordinance: George Hall and Lars de Jounge of Friends of Inspiration Point and Barbara Roy. The following people addressed the Council in opposition to the proposed ordinance: Thomas Walker, Ed Pellegrin, Tim Strader, Bill Ficker, Gordon Glass, E. P. Benson, T. Duncan Stewart, David Kolcher of the architectural firm of Abel & Wilkes opposing application of the ordinance to lots they are presently developing under present regulations and 'Luther Gibbs who asked for con- sideration for the small, single lot in an existing resubdivision. David Shores addressed the Council in connection with the bluff next to Newport Crest and asked for that area to be included in the ordinance. Dr. Gene Atherton addressed the Council regarding • the definition of a bluff. Motion x The hearing was closed after it was determined All Ayes that no one else desired to be heard. Motion x The proposed ordinance was not introduced, and All Ayes Planning Commission Amendment No. 516 was rejected. 6. Mayor Ryckoff. opened the public hearing in con- Weed nection with the Fall 1978 Weed Abatement Program. Abatement (150F) A report was presented from the Fire Chief dated November 1, 1978 regarding the abatement of weeds and other nuisances within the City and submitting the Assessment List for the Fall 1978 Program. Motion x The hearing was closed after it was determined All Ayes that no one desired to be heard. Resolution No. 9457, confirming the report of the R -9457 Fire Chief concerning the cost of the abatement of weeds and other nuisances and requesting the Auditor- Controller of Orange County to enter the Motion x amount of each assessment referred to in said All Ayes report on the County Tax. Roll, was adopted. E. There were no ordinances for adoption. F. CONTINUED BUSINESS: • 1. (Dist iict 5) Mayor Ryckof'f's appointment of a Com Dev member to the Community Development Citizens CAC (2127) Volume 32 - Page 281 CITY OF NEWPORT BEACH COUNCILMEN MINUTES V ??� � �i �p S7G 9 T F t S tp ROLL CALL �d'� November 13, 1978 INDEX x Advisory Committee to fill the unexpired term of Ion Ayes William H. Morris ending December 31, 1978 was postponed to November 27, 1978. 2. (District 1) Councilman Strauss' appointment of CEQAC Joseph L. Tomchak as a member of the Environmental (1058) Quality Citizens Advisory Committee to fill the Motion x unexpired term of Dennis M. Reid ending December 31 All Ayes 1978 was confirmed. 3. A report was presented from the City Manager Central regarding the Parking Needs and Feasibility Study Npt Prkg of the Central Newport Beach Area. District (2745) Reports from the Community Development Department dated September 5, and letters from Wilbur Smith and Associates, Inc. and the Orange County Transit District dated September 1, 1978 were presented. Motion x The item was postponed to December 20, and the All Ayes staff was directed to forward the report to the Central Newport Parking Study Citizens Committee for study in the meantime along with the Council's report on the Off- street Parking Study. 4. A report dated October 14, 1978 was presented from OrCo the City Attorney regarding an agreement between Airport the City and the County concerning the future (195) • growth of Orange County Airport. A letter from the Environmental Quality Citizens Advisory Committee was presented. A letter from Mr. and Mrs. W. J. Bransford was presented objecting to expansion of the airport and to the present airport variance. An excerpt from the Minutes of the Board of Supervisors meeting of October 18 was presented stating that a hearing had been set for November 15 1978 in connection with the proposed negotiated agreement between the City and the County regard- ing Orange County Airport. A letter from Garry Short, protesting the opening of Orange County Airport to 727 aircraft was received after the Agenda was printed. The following people addressed the Council in support of the proposed agreement: Dan Emory, Brad Alberts and Gordon Glass. The following people addressed the Council in opposition to the proposed agreement: Stuart Williams, George Ochsner, David Saxe, Roy Skultin and Charles Griffin. ion x Mr. Williams was granted one more minute for his s x x x x presentation. Noes x x x The following people addressed the Council relative to problems in connection with Orange County Volume 32 - Page 282 CITY OF NEWPORT BEACH COUNCILMEN MINUTES ROLL CALL f ?'N s November 13, 1978 INDEX • Airport: Al Cree, Jean Waggoner, Ted Lindstedt, and Jane Walsh Courtney. Motion x Resolution No. 9458, approving in concept an R -9458 Ayes x x x x x agreement between the County of Orange and the Noes x City of Newport Beach regarding the future growth Abstain x of Orange County Airport, was adopted. G. CURRENT BUSINESS: Motion x 1. The following items were postponed to November 27, All Ayes 1978: (a) A report from the Public Works Department Energy regarding proposed re- institution of a street Conservation lighting energy conservation program in (1817) conjunction with conversion of existing systems. (b) A report from the Traffic Affairs Committee Traffic regarding speed bumps on streets and alleys. Regulations (132F) 2. A letter from the National Arborist Association, Inc. was presented stating that their Annual City Sea]. Meeting is to be held in Newport Beach and (567F) requesting permission to use the City Seal an I charms that are engraved with the date of the meeting and the City Seal of the City where the • meeting takes place. Motion x The request of the National Arborist Association, All Ayes Inc. for use.of the City Seal in this manner was denied. 3. Community Development Director Richard Hogan General reported on the Planning Commission's discussion Plan concerning the review of the Circulation Element. (673) Motion x Mayor Pro Tem Williams made a motion to direct the Planning Commission to provide the Council with a series of five density alternatives for the remaining undeveloped parcels, including vested, but unbuilt Planned Communities, as follows: 1 - No reductions 2 - To be determined by Planning Commission 3 - To be determined by Planning Commission 4 - To be determined by Planning Commission 5 - Low density residential and to provide with each alternative supporting data, both positive and negative. Written data is to be solicited from Commissioners, staff, developers, environmental groups, Chamber of Commerce, and other individuals or groups as may be appropriate. Specific data is to be provided • along with the sources of that data, including number values where possible. Specific criteria may include, but not be limited to, traffic considerations, openness of vista or view, City Volume 32 - Page 283 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 3A , to q O�y Gs2it1� F ROLL CALL! �d'� 9 November 13. 1978 INDEX image, cost /benefit ratio to City, private property rights, public rights, sewer capacity, energy requirements, implications for airport, and social acceptance. With respect to traffic considerations: a) Determine acceptability of present Circulation Plan and propose necessary amendments; b) Examine a series of design alternatives that can be used to implement the accepted Circulation Element; c) Select those alternatives which appear most feasible for development; d) Determine the carrying capacity of the accepted system and alternatives; e) Alternative land uses should be examined to determine if traffic generation will be within the carrying capacity of the acceptable system; and after obtaining this information, Commission is to make its recommendation of an alternative to Council by February 1, 1979. Robert Shelton, representing The Irvine Company, addressed the Council regarding the possibility of postponing this item to the next meeting. Motion x Mayor Ryckoff made a substitute motion to postpone the item to November 27, 1978. Ption x Councilman Hummel made a substitute motion to direct the staff to make an analysis of the capacity of the existing Circulation Element of the General Plan with intersection improvements that are possible to add to that Circulation Element, and.to provide capacities for the entire Circulation Element from that analysis. Jerry King, Chairman of the Environmental Quality Citizens Advisory Committee and of the Local Coastal Planning Advisory Committee, addressed the Council regarding the unbuilt areas of the City and asked that both . of these Committees be allowed to participate and give their input before the Council makes final decisions on these areas. Ayes x A vote was taken on Councilman Hummel's motion, Noes x x x x x x which motion failed to carry. All-Ayes A vote was taken on Mayor Ryckoff's motion, which motion carried, and the item was postponed to November 27, 1978. H. CONSENT CALENDAR: Motion x The following actions were approved by one motion �1 Ayes affirming the actions on the Consent Calendar; (a) The following ordinance was introduced and set for public hearing on November 27, 1978: Removed from the Consent Calendar. Volume 32 - Page 284 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 9 F d+ ROLL CALL �d'� y�s November 13, 1978 INDEX (b) The following ordinances were introduced and • passed to second reading on November 27, 1978: Proposed Ordinance No. 1784, being, AN ORDINANCE Private OF THE CITY OF NEWPORT BEACH ADDING SECTION Streets/ 12.66.060 TO THE NEWPORT BEACH MUNICIPAL CODE TO Broadmoor PROVIDE FOR APPLICATION OF VEHICLE CODE TO PRIVATE Seaview Dev STREETS IN BROADMOOR SEAVIEW DEVELOPMENT. (A 0 -1784 report from the Public Works Department) (3114) Proposed Ordinance No. 1785, being, AN ORDINANCE Private OF THE CITY OF NEWPORT BEACH ADDING SECTION Streets/ 12.66.070 TO THE NEWPORT BEACH MUNICIPAL CODE TO Harbor Vw PROVIDE FOR APPLICATION OF VEHICLE CODE TO PRIVATE Knoll Dev STREETS IN HARBOR VIEW KNOLL DEVELOPMENT. (A 0 -1785 report from the Public Works Department) (3115) 2. The following resolutions were adopted: (a) Resolution No. 9459 approving the Memorandum Personnel of Understanding negotiated by representa- Classifica- tives of the Newport Beach Fire Fighters tion Association and the City representative. R -9459 (764) (b) Resolution No. 9460 approving the Memorandum Personnel of Understanding negotiated by representa- Classifica- tives of the Newport Beach Ocean Lifeguard tion Association and the City representative. R -9460 (764) • (c) Resolution No. 9461 authorizing. the Mayor and City Clerk to execute an agreement between Site Plan the City of Newport Beach and Beverly Hills Rev 1114 Federal Savings and Loan Association in R -9461 connection with Site Plan Review No. 14. (A (3110) report from the Public Works Department) (d) Resolution No. 9462 relinquishing responsi- Mobilehome bility for the enforcement of Part 2, Parks Division 13, of the Health and Safety Code of R -9462 the State of California relating to mobile- (807) homes and mobilehome parks and rescinding Resolution No. 5509. (A report from the Community Development Department) (e) Resolution No. 9463 authorizing the Mayor and Resub 588 City Clerk to execute a Subdivision Agreement R -9463 between the City of Newport Beach and Plaza (3111) de Cafe, Ltd., in connection with the com- pletion of public improvements required with Resubdivision No. 588; located on the northwesterly corner of Birch Street and Von Karman Avenue in Koll Center Newport. (A report from the Public Works Department) (f) Resolution No. 9464 authorizing the Mayor and Resub 610 City Clerk to execute a Subdivision Agreement R -9464 between the City of Newport Beach and (3112) Christopher E. Hobson in connection with the . completion of public improvements required with Resubdivision No. 610; located on the westerly side of North Newport Boulevard between 15th Street and Hospital Road. (A report from the Public Works Department) Volume 32 - Page 285 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 3 � �p y9G22 v ROLL CALL November 13, 1978 INDFY (g) Resolution No. 9465 authorizing the Mayor and Tracts • City Clerk to execute an Agreement for Non- 9858 and Standard Street Improvements between the City 9859 of Newport Beach and The Irvine Company in R -9465 connection with Tract Nos. 9858 and 9859; located in the Harbor Ridge Area. (A report from the Public Works Department) (h) Resolution No. 9466 awarding a contract to D Seal Coat & D Asphalt Maintenance and Grading in Program connection with the 1978 -79 Seal Coat Program, 1978 -79 Contract No. 2048. (A report from the Public R -9466 Works Department) (3078) (i) Resolution No. 9467 authorizing the Mayor and Beach City Clerk to execute an agreement between Erosion the City of Newport Beach and the County of R -9467 Orange, Harbors, Beaches and Parks District, (17F) for the contributions of costs in connection with Stage 7 of the Federal Beach Erosion Control Project. (A report from.the Public Works Department) (See BA -021) (j) Resolution No. 9468 authorizing the Mayor and So Calif City Clerk to execute a Grant of Easement to Edison the Southern California Edison Company for GE electrical easements over a portion of the R -9468 Senior Citizens' Center Multi- Purpose Build- (2784) ing. (A report from the Public Works • Department) (k) Resolution No. 9469 designating an inter- Stop Signs section at which vehicles are required to R -9469 stop and directing the Traffic Engineer to (8F) erect necessary stop signs (Newport Center Drive West and Santa Barbara Drive). (A report from the Traffic Affairs Committee) (1) Resolution No. 9470 designating an inter - Stop Signs section at which vehicles are required to R -9470 stop and directing the Traffic Engineer to (8F) erect necessary stop signs (Northerly on Dove Street and Quail Street). (A report from the Traffic Affairs Committee) (m) .Resolution No. 9471 approving the Memorandum Personnel of Understanding negotiated by representa- Classifica- tives of the Newport Beach City Employees tion Association and the City's representative. R -9471 (764) 3. The following communications were referred as indicated: (a) To staff for reply, a letter from American Bus Stop Shelter Company, Inc. requesting the opportun- Benches ity to make a presentation to Council (2764) regarding free bus shelters and free main- tenance. (Attached) (b) Removed from the Consent Calendar. Volume 32 - Page 286 _ CITY OF NEWPORT BEACH COUNCILMEN MINUTES 6 ?3 ROLL CALL �d'� 9 s November 19, 1978 INDEX (c) To staff for inclusion in ongoing study, a SCAG • report from the Environmental Quality (447) Citizens Advisory Committee regarding Draft SCAG -78 "Growth Forecast Policy Summary" dated August 1978. (Attached) (d) Removed from the Consent Calendar. (e) To staff for reply, a letter frpm the NIWA "208" Environmental Quality Citizens Advisory (355) Committee regarding the NIWA 208 Process, and requesting the City Council adopt a siltation control ordinance. (Attached with a copy of their resolution) (f) To staff for reply, a letter from Coy Atkins Big Canyon regarding the bid submitted by Bourget Reservoir Construction Company for the Storage Facility Storage Fac at Big Canyon Reservoir, Contract No. 2022. (3070) (Attached) (g) To staff for report back, a letter from A S B Sts Goldie Joseph requesting the City to delete Alley the policy of requiring an alley between "A" (1091) and "B" Streets between Balboa Boulevard and the Ocean Front in Balboa. (Attached) (h) To staff for reply, a letter from Suzanne West Coast Rudd regarding the West Coast Highway Hwy Widen • Widening project from 57th Street to the (2552) Santa Ana River. (Attached) (i) To Pending Legislation and Procedural Ethics State - Committee, a resolution of the City of Yorba Mandated Linda requesting the State Legislature to Costs strengthen regulations relating to State- (1429) licensed contractors. (Attached) (j) To staff for reply, a letter from John H. Animal Everameyer regarding duck hunters shooting Control mudhens on ponds in the Big Canyon Country (862) Club, and requesting that the permit to shoot wildlife granted to Big Canyon Country Club to control wildlife be revoked. (Attached) (k) Removed from the Consent Calendar. (1) To Council Budget Committee for report back, Marinapark request of Parks, Beaches and Recreation (209) Commission for an additional $31,000 to complete the Marinapark capital improvement project. (Attached) 4. The following communications were referred to the City Clerk for filing and inclusion in the records: (a) A letter from the Luchau Family expressing appreciation for.the Fire, Paramedics and • Police Departments and their work in saving (1893) their home. (Attached) Volume 32 - Page 287 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 9.� vG 22 ROLL CALL �d'� November 13, 1978 INDEX • (b) A letter from Joan Christensen expressing appreciation for the recent art exhibit and music on the City Hall lawn. (Attached) (1115) (c) A letter.from Mr. and Mrs. E. P. Benson opposing the Blufftop Street Dedication Initiative on the November ballot. (Attached) (2831) (d) A copy of a letter to the Orange County Criminal Justice Council from Bill Vardoulis, Mayor of the City of Irvine, regarding their position on the overall issue of LEAA funds to local governments. (Attached) (889) (e) A letter from the Southern California Edison Company advising that the division of the property shown on the Final Parcel Map No. 9209 (Resub 603, located between Von Karman and MacArthur southerly of Campus) will not reasonably interfere with the free and complete exercise of any easements held by Southern California Edison Company. (3116) (Attached) (f) A copy of a letter to the City Traffic Engineer from the Corona del Mar Chamber of Commerce regarding offstreet parking lots and pedestrian circulation and requesting he meet with their committee to consider the problem. (96.0) • (Attached) (g) A letter from G. A.. Riesen regarding the West Newport noxious gas odor. (Attached) (175) (h) Removed from the Consent Calendar. M A letter together with a clipping from J. Allan Bentley concerning traffic problems in (1154) the City. (Attached) (j) A letter from Duane Winters thanking Council for their support during his year as President of the League of California Cities. (2529) (Attached) (k) A letter from the Orange County transporta- tion Commission Citizens Advisory Committee regarding meetings to receive citizen input on transportation problems within the County. (960) (Attached) (1) A Notice of Hearing of the Board of Super- visors of Orange County, California for a proposed annexation of the City of Costa Mesa designated Pacific- Canyon Island Annexation, located on the north side of Victoria Street, • and east and west of Pacific Avenue. (20) (m) Excerpt from the Minutes of.the Board of Supervisors of Orange County instructing the Volume 32 - Page 288 CITY OF NEWPORT BEACH COUNCILMEN MINUTES ROLL CALL �J'� P November 13, 1978 INDEX • County Counsel to file Petitions to Intervene with the Civil Aeronautics Board in the California- Arizona, California- Seattle, and California -Salt Lake City Low -Fare Route Applications, in opposition to the granting of any additional turbojet flights or additional jet noise at Orange County Airport. (195) (Attached) (n) A position statement on Proposition 6 from the Orange County Human Relations Commission. (20) (Attached) (o) A letter to Mayor Ryckoff from the State Department of Transportation regarding the Route 55 Freeway, and stating that Newport Beach will be contacted in the near future regarding direct participation in the Environ- mental study of the corridor. (Attached) (282) (p) Agenda of the Board of Supervisors meetings of October 24, 25, 31, November 1, 7 and 8, (20) 1978. (q) A letter from the Orange County Housing Authority outlining their three long range goals and enclosing a copy of their Annual Report. (Attached) (Copy of Annual Report on (1272) • file in City Clerk's office) 5. The following claims for damages were denied and Claims the City Clerk's referral to the insurance carrier was confirmed: (a) Claim of Judy Barry for property damage to Barry her home at 25 Linda Isle when it was flooded (3097) by water and sewage allegedly caused by a problem in the City sewer line. (b) Claim of Diane E. Carpenter for personal Carpenter injuries when she was hit by a car driven by (3098) Norman Cook on July ,.5, 1978, allegedly due to faulty maintenance, design, construction and lack of proper warning on Pacific Coast Highway near the intersection with Orchid Avenue. (c) Claim of Neil Andrew Clarke, a minor by and Clarke through his guardian, Wilbert Clarke, for (3099) personal injuries sustained on July 14, 1978 when he was struck in the face by the knee of Michael Page who was chasing a frisbee. The Clarke's are claiming negligence on the part of the lifeguard on duty who failed to prevent Michael Page from throwing the frisbee. • (d) Claim of Jay Handy.Howell for false arrest, Howell assault, battery and false imprisonment as (3100) well as trespass of personal property which caused emotional distress on July 31, 1978 when he was allegedly returning a wallet to . its owner and was taken into custody. Volume 32 - Page 289 CITY OF NEWPORT BEACH COUNCILMEN MINUTES yyfy�y° Gv ! c+\A\ � 339 f, s v V ROLL CALL d9 November 13, 1978 INDEX (e) Claim of Robert Harold Long, Jr. for false Long • arrest and imprisonment and for personal (3101) injuries as a result of assault and battery on July 19, 1978 when he was arrested by Newport Beach Police officers at 671 West 17th Street, Costa Mesa. (f) Claim of Virginia Pearson for personal Pearson injuries when she tripped and fell on a City (3102) sidewalk in front of 4621 Fairfield Street in Corona del Mar on July 15, 1978, allegedly due to holes and buckling of the sidewalk. (g) Claim of Marc Weimer for property damage Weimer which occurred on October 11, 1978 when a (3103) City trash truck ran over his tool box at 3024 E. Coast Highway. (h) Claim of Jesse. W. Curtis for property damage Curtis arising out of the delay in settling a (3104) previous claim for water main damage to his property at 305 Evening Star Lane. He is unable to repair or reconstruct his property for fear of destroying important evidence. (i) Claim of Lawrence Ray for property damage to Ray his pickup truck, when a City truck allegedly (3105) crashed into it.while it was parked in the' • alley behind Iris Avenue on August 4, 1978. (j) Claim of Kathleen. V. Reynolds for property Reynolds damage to her automobile when it was allegedly (3106) hit by a City vehicle on November 1, 1978 on Holiday Road and Tustin Avenue. (k) Claim of James Brian Sharpless for personal Sharpless injuries on August 6, 1978 at 206 Fern, (3107) Newport Beach when he was allegedly assaulted and battered by Newport Beach Police officers while they were attempting to apprehend a criminal and Sharpless was put under arrest. (1) Claim of Robert Paul Sharpless for false Sharpless arrest, false imprisonment, assault and (3108) battery on August.6, 1978 at 206 Fern, Newport Beach when he was arrested by Newport Beach Police officers. 6. The City Clerk's referral of the following Summons and Complaint to the insurance carrier was con - firmed: (a) Summons and Complaint of Ruth Emerson for Emerson personal injuries, Case No. 28 -96 -12 in the (2824) Orange County Superior Court. The original claim was for personal injuries sustained from a fall. Volume 32 - Page 290 COUNCILMEN p�9 S9Gr G 2'Gi ROLL CALL �'P CITY OF NEWPORT BEACH November 13, 1978 MINUTES INDEX 7. The following request to fill personnel vacancies • was approved: (A report from the City Manager) (1203F) (a) Two Refuse Crewman positions in the General Services Department to fill positions now vacant. (b) Two Groundsmen /Gardener I positions in the Parks, Beaches, and Recreation Department to fill positions now vacant. (c) One Police Clerk I position in the Police Department to fill a position now vacant. (d) One Senior Planner position in the Community Development Department to fill a position to be vacant. (e) One Laborer position in the General Services Department to fill a position now vacant. (f) One Library Clerk II position in the Library to fill a position now vacant. (g) One Utilities Serviceworker position in the Utilities Department to fill a position now vacant. 8. The following staff report was received and • ordered filed: (a) Request from the Public Works Department for Marinapark additional.time to prepare new plans for the Shelter Fac proposed Marinapark Shelter Facility and (209) Public Restroom. (Attached) 9. Removed from the Consent Calendar. 10. Public Works Contracts: (a) The Public Works Director was authorized to CdM Water substitute a subcontractor on the Water Main Main Repl Replacement for Corona del Mar, Contract No. (2885) 1957. (A report from the Public Works Department) (b) The plans and specifications for the Cribwall Via Lido Construction Via Lido at the Lido Isle Cribwall Bridge, Contract.No. 2000, were approved; and Construction the City Clerk was authorized to advertise (3113) for bids to be opened at 2:00 p.m. on Novem- ber 30, 1978. (A report from the Public Works Department) (c) The work was accepted on the following contracts and the City Clerk was authorized to file a Notice of Completion and to release the bonds 35 days after Notice of Completion • has been filed: West Coast Highway Bicycle Trail, Contract W Cst Hwy No. 1904. (A report from the Public Works Bicycle Tr Department) (2591) Volume 32 - Page 291 CITY OF NEWPORT BEACH COUNCILMEN MINUTES ROLL CALL November 13, 1978 INDEX • Bayside Drive Park Construction, Contract No. Bayside Or 1910. (A report from the Public Works Park .Department) (1971) 11. The following Harbor Permit Applications were Harbor approved: -, Permits (304F) (a) Removed from the Consent Calendar. (b) Application #109 -1907 of Bill Ware,for maintenance dredging at 1907 E. Bay Avenue - approval of application, subject to the conditions of approval listed in the general permit issued to the City by the Corps of Engineers. (A report from the Marine Department) (c) A request by Dover Shores Community Associa- tion to amend a previously approved dredging permit to allow disposal of dredged material at sea - approval of the amendment. (A report from the Marine Department) 12. The following budget amendments were approved: BA's 'BA-019, $12,486.00 increase in Budget Appropria- tions for interest payments for 1977 -78 and 1978- 79 on three Pots purchased at $165,000 from the • State which was inadvertently omitted from the budget, from Unappropriated Surplus, Building Excise Tax Fund. BA -020, $8,000.00 increase in Budget Appropria- tions for Street Lighting Energy Conservation Program, from Unappropriated .Surplus, General Fund. BA -021, $37,960.00 transfer of Budget Appropria- tions for completion of funding for City share of. Cooperative Beach Erosion Control Project, from Repair Ocean Piers to Beach Erosion Control Project, General Fund. I. ITEMS REMOVED FROM THE CONSENT CALENDAR: Motioo x 1. The following items removed from the Consent All Ayes Calendar were postponed to November 27, 1978: (a) A proposed ordinance, being, AN ORDINANCE OF Bluff THE CITY OF NEWPORT BEACH ADDING SECTION Development 20.51.080 TO THE NEWPORT BEACH MUNICIPAL CODE Regulations ENTITLED "DEVELOPMENT OF BLUFF SITES" (RELAT- (3061) .ING TO PLANNED COMMUNITIES), Planning Commission Amendment No. 515, initiated by the City of Newport Beach with a report from the Community Development Department. (H -la) • (b) A letter from Kent S. Moore suggesting Animal stiffer penalties for dog owners who do not Control clean up after their pets with a proposed (862) sign. (H -3b) Volume 32 - Page 292 CITY OF NEWPORT BEACH COUNCILMEN MINUTES -A. y s� �C, 9 o�9�9s22' ROLL CALL his T�9 s November 13, 1978 INDEX (c) A letter from Ralph D. Anderson, M.D. and a Height & • petition bearing six signatures requesting a Density moratorium on building permits for remodeling Regulations of houses on Kings Road that would change the (1279) height of the existing structure. (H -3d) (d) A letter from the Newport Harbor Area Chamber Elections of Commerce requesting that a public hearing (12F) be set to change the local election to coincide with the statewide elections. (H -3k) (e) A letter from Herman Kimmel & Associates, Traffic Inc. stating that they are making every Model effort to meet the December, 19.78 schedule (673) for the Traffic Model. '(H -4h) (f) The following General Plan Amendments (H -9): General Plan (A) General Plan Amendment No. 78 -2, a (673) request to consider the following proposed amendments to the Land Use and Residential Growth Elements to include: 1. Proposed change of use or reduction in allowable intensity of develop- ment on the major commercial/ industrial undeveloped sites, including, but not limited to, the • following: a) Newport Center b) Castaways Commercial Site c) Bayview Landing Site d) San Diego Creek Sites e) MacArthur /Jamboree Site 2. Proposed reduction in the number of dwelling units allowable on the major residential undeveloped sites, including, but not limited to, the following:. a) Westbay Site b) Newporter North c) Freeway Reservation East d) Fifth Avenue Parcels e) CALTRANS West f) Beeco Property g) Roger's Gardens and Vacant " Residential Parcel to the South h) Castaways Residential Site i) Eastbluff Remnant j) Big Canyon k) Newport Center Condos 1) Baywood Expansion (A report from the Community Development • Department) Volume 32 - Page 293 CITY OF NEWPORT BEACH COUNCILMEN MINUTES �C F s T s ROLL CALL �J s November 13, 1978 INDEX (B) General Plan Amendment 78 -3, a proposed • amendment to the Newport Beach General Plan consisting of three parts as follows: Part 1 78 -3 -A: An amendment to the Land Use and Residential Growth Elements to change the designation of a 4.5 acre parcel on University Drive east of Irvine Avenue (Deane Property) from "Multiple - Family Residential" to "Admin- istrative, Professional and Financial Commercial." Part 2 78 -3 -B: An amendment to the Land Use and Residential Growth Elements to change the designation of approximately 35 acres west of MacArthur Boulevard between Ford Road and San Joaquin Hills Road from "Recreational and Environ- mental Open Space" (Freeway Reservation) to "Medium - Density Residential." Part 3 78 -3 -C: An amendment to the • Land Use Element to allow Retail/ Service Commercial and residential as alternate uses to the existing "Administrative, Professional, and Financial Commercial" designation within the Old Newport Boulevard Specific Area Plan District. (A report from the Community Development Department) (g) Harbor Permit Application $112 -600 by Fun Harbor Zone Development Inc. to replace an existing Permits marina at 600 Edgewater Avenue with a report (304F) from the Marine Department. (H -lla) ADDITIONAL BUSINESS: 1. The Mayor was directed to send a letter to the San Diego Fish and Wild Life Service and request their Creek cooperation in allowing the cleaning out of the Channel Motion x San Diego Creek channel between Jamboree Boulevard (3117) All Ayes and the San Diego Freeway. 2. The Mayor was directed to write a letter to SCAG Population Motion x on the 1978 population forecast similar to the (228) All Ayes letter previously sent to SCAG on June 26. • Volume 32 - Page 294 COUNCILMEN ROLL CALL &on Ayes Noes n U j' 11 � K 1111 A J -' II MINUTES November 13, 1978 x x x x x x x x 3. The staff was directed to bring the Civic Plaza item acted on by the Planning Commission on November 9 for review by the Council on December 11, 1978. Mayor Ryckoff adjourned the meeting at.12:25 a.m., November 14, 1978. Mayor ATTEST: YeI City Clerk PO Volume 32 - Page 295 INDEX Cncl Right of Review Civic Plaza (3118)