HomeMy WebLinkAbout12/20/1978 - Regular MeetingCOUNCILMEN
S+
ROLL CALL �J'41 s
CITY OF NEWPORT BEACH
ADJOURNED COUNCIL MEETING
Place: Council Chambers
Time: 7:30 P.M.
Date: December 20, 1978
MINUTES
INDEX
lesent
x
x
x
x
x
x
A. Roll Call.
Absent
x
B. Minutes of the meeting of December 11, 1978 were
not presented.
C. The reading in full of all ordinances and resolu-
Motion
x
tions under consideration was waived, and the City
Ayes
x
x
x
x
x
x
Clerk was directed to read by titles only.
Absent
x
D. HEARINGS:
1. Mayor Ryckoff opened the continued public hearing
General Plan
regarding General Plan Amendment No. 78 -2, a
(673)
request to consider the following proposed amend-
ments to the Land Use and Residential Growth
Elements to include:
1. Proposed change of use or reduction in
allowable intensity of development 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 was presented from the Community Develop-
ment Department.
Letters received after the agenda was printed were
presented from the Newport Harbor Art Museum
asking that General Plan Amendment 78 -2 be re-
amended to allow for their 10,000 square foot
expansion, from Ford Aerospace and Communications
•
Corporation regarding the proposed reduction in
densities, and one more signature on the petition
opposing the General Plan Amendment.
Volume 32 - Page 323
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COUNCILMEN MINUTES
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Councilman Heather joined the meeting and took her sea
•
at the Council Table.
Motion
x
The public hearing, which had been closed on
All Ayes
December 11, 1978, was reopened.
Robert Shelton of The Irvine Company addressed the
Council opposing the proposed reduction in density,
and urging that General Plan Amendment No. 78 -2 be
finalized.
Motion
x
Mr. Shelton was granted four additional minutes
All Ayes
for his presentation.
John Martin Shea, President of the Board of
Directors, and Tom Garver, Director, of the
Newport Harbor Art Museum, addressed the Council
and asked for 10,000 additional square feet for
cultural expansion in the Newport Center
designated area.
Motion
x
The hearing was closed.
All Ayes
The recommendations of the Planning Commission
Motion
x
in connection with General Plan Amendment No.
Ayes
x
x
x
x
x
78 -2 were approved with the following modifica-
Noes
x
x
tions:
•
1. In Newport Center 6,000 square feet
are to be added back into the Civic/
Cultural; the residential count is to
be left at 538 as it now exists; and
the first of the two additional
conditions recommended by the Planning
Commission are to be deleted.
2. The CALTRANS property is to be
included in the General Plan as Open
Space.
The Negative Declaration was accepted, and
Resolution No. 9485, approving General Plan
R -9485
Amendment No. 78 -2, was adopted.
2. Mayor Ryckoff opened the continued public hearing
Tract 10587
regarding Tentative Map of Tract 10587, a
request of Daon Corporation, Newport Beach, to
subdivide 6.8 acres into one lot to permit the
conversion of the existing Versailles-on-the-
Bluffs multiple - family residential units into a
residential condominium complex on property
located at 901 Cagney Lane, on the southeasterly
corner of Hospital Road and Superior Avenue in
the Planned Community of Versailles-on-the-
Bluffs; zoned P -C.
A report was presented from the City Attorney
•
regarding the Attorney General's opinion pertain-
ing to condominium conversions.
Volume 32 - Page 324
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COUNCILMEN MINUTES
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ROLL CALL , �ss'T�Poo � December 20, 1978 1 K f1FY
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A letter received after the agenda was printed
was presented from John M. Wilson, Jr. opposing
the condominium conversion.
Motion
x
The hearing, which had been closed on December 11,
All Ayes
1978, was reopened.
Max Gordon addressed the Council and read a
letter from his wife opposing the conversion.
David Neish, representing Daon Corporation,
addressed the Council and stated that five per
cent of the units will be held off the marketplace
for hardship cases and rented at existing rents
plus ten per cent inflation per year starting
January 1, 1979 for a period of two years.
Motion
x
The hearing was closed.
All Ayes
Motion
x
The Tentative Map of Tract No. 10587, incorporating
Ayes
x
x
x
x
x
x
by reference the findings and conditions recom-
Noes
x
mended by the Planning Commission, was approved.
3. Mayor Ryckoff opened the public hearing regarding
Stuart
the appeal of Bruce Stuart from the decision of
Appeal
the Planning Commission denying Variance No.
(3137)
1071, a request to permit interior alterations
•
and second floor room additions to an existing
single - family dwelling and related two -car
garage. The proposed development will exceed
2,000 sq. ft. of interior living space without
providing the third on -site parking space as
required by Code. A stairway to a third floor
deck also exceeds the permitted height limit in
the 24/28 Foot Height Limitation District. A
modification to the Zoning Code is also requested,
since a 4' high wall and gate are proposed in the
required 10' front yard setback (where the Code
permits walls not to exceed 3' in height). In
addition, a 7' high wall is proposed along a
portion of the northeasterly side property line
(where the Ordinance permits walls not to exceed
6' in height). Property located at 405 - 38th
Street, on the northwesterly side of 38th Street
between Marcus Avenue and Finley Avenue on
Newport Island; zoned R -2.
A report was presented from the Community Develop-
ment Department together with a copy of the
appeal application.
A letter from Richard Kenneth Brooks, Jr. 5
Associates on behalf of Mr. and Mrs. Stuart,
received after the Agenda was printed, was
presented requesting a continuance to January 8,
1979.
ation
x
The public hearing was continued to January 8,
All Ayes
1979.
Volume 32 - Page 325
P CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
ROLL CALL mss December 8 INDEX
•
4. Mayor Ryckoff opened the public hearing, regarding
Lawrence
the appeal of Richard Lawrence from the decision
Appeal
of the Planning Commission denying Use Permit
(3138)
No. 1878, a request to remodel and expand an
existing nonconforming single - family dwelling
and antique shop in the M -1 District on property
located at 505 - 29th Street, on the northerly
side of 29th Street between Villa Way and
Lafayette Avenue.
A report was presented from the Community
Development Department with a copy of the
appeal application.
Letters from James M. Parker, attorney, were
presented, one dated November 29, and one dated
December 15, 1978 which requested a continuance
to February 12, 1979.
Motion
x
The public hearing was continued to February 12,
All Ayes
1979.
5. Mayor Ryckoff opened the public hearing regarding
Underground
Underground Utilities District No. 6 (Pacific
Utilities
Coast Highway Bridge over Upper Newport Bay),
District 6
to determine if the boundaries of existing
(2500)
Underground Utilities District No. 6 should be
amended to include Dover Drive from Coast
•
Highway to a point northerly of Cliff Drive,
and two small parcels along the Coast Highway
west of Dover Drive.
A report was presented from the Public Works
Department.
Motion
x
The hearing was closed after it was determined
All Ayes
no one desired to be heard.
Resolution No. 9486, amending the boundaries of
R -9486
existing Underground Utilities District No. 6
to include Dover Drive from the Coast Highway
northerly to Cliff Drive, and two small parcels
Motion
x
along the Coast Highway west of Dover Drive,
All Ayes
was adopted.
E. ORDINANCES FOR ADOPTION:
1. Ordinance No. 1787, being,
Traffic
Phasing
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
0 -1787
AMENDING SECTIONS 15.40.020 AND 15.40.040
(3006)
OF THE NEWPORT BEACH MUNICIPAL CODE TO
CLARIFY THE PURPOSE PROVISIONS AND TO ADD
A DEFINITION OF "TRAFFIC MITIGATION
MEASURES,"
•Motion
was presented for second reading.
x
Ordinance No. 1787 was postponed to January -IFT4 ,
All Ayes
1979.
Volume 32 - Page 326
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COUNCILMEN MINUTES
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ROLL CALL �0 N 9 s December 20, 1978 INDEX
2. Ordinance No. 1788, being,
Com Dev
•
Procedures
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
0 -1788
AMENDING SECTION 20.81.070 OF THE NEWPORT
(1376)
BEACH MUNICIPAL CODE TO INCREASE THE APPEAL
PERIOD FROM THE MODIFICATIONS COMMITTEE TO
THE PLANNING COMMISSION FROM SEVEN (7) TO
TWENTY -ONE (21) DAYS,
was presented for second reading.
Ordinance No. 1788 was reintroduced changing the
Motion
x
"twenty -one (21) days" to "fourteen (14) days,"
All Ayes
and passed to second reading on January 8, 1979.
F. CONTINUED BUSINESS:
1. A letter dated August 28 to Mayor Ryckoff from
Com Dev
Motion
x
William Morris resigning as a member of the
CAC
All Ayes
Community Development Citizens Advisory Committee
(2127)
was received and ordered filed.
2. A report was presented from the City Manager
Central Npt
regarding the Parking Needs and Economic Feasi-
Prkg Dist
bility Study of the Central Newport Beach Area.
(2745)
A letter received after the agenda was printed
was presented from the West Newport Improvement
•
Association opposing the Wilbur Smith report.
Milbeth Brey, Chairman of the Central Newport
Parking Committee, addressed the Council with
the Committee's recommendation that Council take
no action at this time, but refer the entire
matter back to the Planning Commission with
instructions to work with the Central Newport
Parking Committee and the Transportation Plan
Citizens Advisory Committee to evaluate the
current situation and produce fresh recommenda-
tions for the Council for its future consideration.
Merrill Skilling, representing the Transportation
Plan Citizens Advisory Committee, addressed the
Council regarding the Committee's recommendations.
Raymond Smith addressed the Council and stressed
the need for traffic flow as well as parking.
Dick Kent of Sham & Kent, architects, addressed
the Council and agreed with the Central Newport
Parking Committee and also supported a parking
structure in Cannery Village.
Motion
x
The Wilbur Smith study was accepted as a resource
All Ayes
document; the Planning Commission was asked to
move ahead with the Specific Area Plan for
McFadden and the Can Area and to incorpo-
rate the insight from the Study document into
•
their planning and to meet with the Central
Newport Parking Committee and move forward with
the redevelopment plans there; and the recommenda-
tions for the "attendant" parking lot concept at
Volume 32 - Page 327
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
9 � �
ROLL CALL �d'� yes December 20, 1978 INDEX
McFadden with a new parking fee structure
•
eliminating "in lieu" parking alternatives and
encouraging long -term parkers was referred to
staff for further study and report back.
3. A report was presented from the Community Develop-
Eastbluff
ment Department regarding proposals received
Park
from appraisers in connection with a request to
(1711)
establish the fair market value per acre of the
land in Eastbluff Park, if such land were not
used for park or recreational purposes but used
for subdivision purposes.
Motion
x
The report regarding the proposals was accepted,
All Ayes
and the staff was directed to prepare the necessary
documents for an agreement between the City and
Charles E. Wadsworth in the amount of $2,000.
4. A report was presented from the Marine Department
regarding a request by Thomas Evans for a refund
of the late penalty on his mooring fee.
Motion
x
The request of Thomas Evans for a refund was
All Ayes
denied.
5. A report was presented from the Parks, Beaches
Transfer
and Recreation Commission regarding a request
Station
for relocation of Corona del Mar main beach
(2046)
•
transfer station.
Motion
x
The item was postponed to January 22, 1979.
All Ayes
6. A report was presented from the City Manager
Traffic
regarding the administrative procedure for
Phasing
implementing the Traffic Phasing Ordinance.
(3006)
A report was presented from Mayor Pro Tem Williams.
Motion
x
The item was postponed to January 22, 1979.
All Ayes
G. CURRENT BUSINESS:
1. A report was presented from the Community Develop-
Tract 8681
ment Department regarding the Final Map of Tract
No. 8681, a request of Holstein Industries to
approve a Final Map to subdivide 1.75 acres into
seven numbered lots for attached single- family
residential development and one numbered lot to
be developed as a landscape area, private
driveways and guest parking spaces, on property
located at 1976 Vista Caudal, southwesterly of
Vista del Oro and northeasterly of Vista Caudal
in The Bluffs; zoned R -4 -B -2 P.R.D.
A letter from Holstein Industries was presented
•
regarding park dedication requirements in
connection with Tracts 8681 and 8682.
Volume 32 - Page 328
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COUNCILMEN MINUTES
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ROLL CALL ��'� 9 S December 20, 1978 INDEX
•
The Final Map of Tract 8681 was approved, in-
corporating by reference the conditions
recommended by the Planning Commission, and
Resolution No. 9487, authorizing the Mayor and
City Clerk to execute a subdivision agreement
Motion
between the City of Newport Beach and Holstein
All Ayes
x
Industries in connection with Tract No. 8681,
was adopted.
2. A report was presented from the Community Develop-
Tract 8682
ment Department regarding the Final Map of Tract
No. 8682, a request of Holstein Industries to
approve a Final Map to subdivide 1.65 acres into
seven numbered lots for attached single - family
residential development and one numbered lot to
be developed as a landscape area, private drive-
ways and guest parking spaces.
Annette Livingston of the Bluffs Homeowners
Association addressed the Council and stated
that their main concern had been that the CC &R's
for the fourteen new homes agree with the ones
presently being enforced and that the new homes
would be under the same ground leases. Mrs.
Livingston read for the record an agreement
signed by Mr. Holstein that evening, as follows:
"The CC &R's being written for the new fourteen
units being built on Tracts 8681 and 8682 shall
•
include all the use restrictions now contained
in the Bluffs Homeowners CC &R's, plus the use
restrictions contained in the lot leases of
Bluffs homeowners. These CC &R's shall also be
available for review by the Bluffs, their
attorney and The Irvine Company to insure
compatibility before they are submitted to the
Department of Real Estate for approval."
The Final Map of Tract No. 8682-was approved,
incorporating by reference the conditions recom-
mended by the Planning Commission, and Resolution
No. 9488, authorizing the Mayor and City Clerk
R -9488
to execute a subdivision agreement between the
Motion
City of Newport Beach and Holstein Industries in
All Ayes
x
connection with Tract No. 8682, was adopted.
3. A report was presented from the Community Develop-
Grading/
ment Department regarding action taken by the
Excavations
Planning Commission at its meeting of December 7,
(1946)
1978 in connection with proposed amendments to
Title 15 of the Newport Beach Municipal Code
pertaining to excavation and grading.
Motion
The item was postponed to the Study Session of
.All Ayes
x
January 22, 1979.
4. A report was presented from the Traffic Affairs
Parking
Committee regarding the parking of large vehicles
Prohibitions
•
at intersections.
(447F)
Motion
x
Mayor Ryckoff made a motion to direct the Traffic
Affairs Committee to receive and review all com-
plaints relative to large vehicle parking at
intersections and, pursuant to Municipal Code
Volume 32 - Page 329
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
9 f C
ROLL CALL\ �d' S December 20, 1978
INDEX
Section 12.40.160, to mark areas within 25 feet
•
of the subject intersections when appropriate
and notify the City Council 14 days prior to the
painting of the curb.
The following people addressed the Council:
Frank Jank regarding the application to commercial
delivery parking, and Wilson Wells regarding
present problems with red - painted curbs in some
areas.
David Simmes, representing the State of California,
was recognized and will be afforded the opportunity to
submit his comments in writing in connection with the
CALTRANS property in General Plan Amendment No. 78 -2.
All Ayes
A vote was taken on Mayor Ryckoff's motion,
which motion carried.
5. A letter from the Newport Beach City Arts
NB City
Commission was presented asking permission to
Arts
enter into a contract for Arts Festival publicity.
Festival
(1115)
Resolution No. 9489, authorizing the Mayor and
City Clerk to execute an agreement between the.
City of Newport Beach and Jean Tandowsky for
Motion
x
publicity services in connection with the 1979
All Ayes
Newport Beach City Arts Festival, was adopted.
•
6. A report was presented from the City Manager
regarding appointments to the Citizens Advisory
Committees.
The following appointments to the Bicycle Trails
Bicycle
Citizens Advisory Committee for a term ending
Trails
Motion
x
December 31, 1979 were confirmed:
CAC
All Ayes
(205)
(District 1) Councilman Strauss' appointments
were postponed to January 8, 1979.
(District 2) Councilman McInnis' reappoint-
ment of Donald J. Foster and Gunter C.
Mayer.
(District 3) Councilman Hart's reappointment
of Betsy Carpenter MacKenzie and Willard
Courtney.
(District 4) Councilman Heather's appoint-
ment of Carter Ford and reappointment of
George Hanlon.
(District 5) Mayor Ryckoff's appointment of
Dorothy Beek and reappointment of Douglas
W. Dreyer.
(District 6) Councilman Hummel's appointments
•
were postponed to January 8, 1979.
(District 7) Mayor Pro Tem Williams'
appointments were postponed to January 8,
1979.
Volume 32 - Page 330
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COUNCILMEN MINUTES
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ROLL CALL , d' December 20, 1978 INDEX
The following appointments to the Environmental
CEQAC
•tion
x
Quality Citizens Advisory Committee for a term
(1058)
All Ayes
ending December 31, 1979 were confirmed:
(District 1) Councilman Strauss'"ppointment$
,¢ T -s P� d
72 ri+ a.k
e.nd h:a oF'he .- of r'A .n...
January 8, 1979.
�r
(District 2) Councilman McInnis' appointment
of Ron Linsky and reappointment of Ocee
Ritch.
(District 3) Councilman Hart's reappointment
of Preston Lee Johns and Charles E. Brown.
(District 4) Councilman Heather's appoint-
ments were postponed to January 8, 1979.
(District 5) Mayor Ryckoff's reappointment
of Bob Millar and Robert W. Scholler.
(District 6) Councilman Hummel's appointments
were postponed to January 8, 1979.
(District 7) Mayor Pro Tem Williams'
reappointment of Bernard Pegg and post-
ponement of his second appointment to
January 8, 1979.
The following appointments to the Litter Control
Litter
tion
x
Citizens Advisory Committee for a term ending
Control
11 Ayes
December 31, 1979 were confirmed:
CAC
(2046)
(District 1) Councilman Strauss' appointments
were postponed to January 8, 1979.
(District 2) Councilman McInnis' reappoint-
ment of Kent Johnson and Joan Shaw.
(District 3) Councilman Hart's reappointment
of William Ritter and Hal Pinchin.
(District 4) Councilman Heather's reappoint-
ment of Louise Greeley and postponement of
her second appointment to January 8, 1979.
(District 5) Mayor Ryckoff's appointments
were postponed to January 8, 1979.
(District 6) Councilman Hummel's appointments
were postponed to January 8, 1979.
(District 7) Mayor Pro Tem Williams'
appointment of Elaine Linhoff and postpone-
ment of his second appointment to January 8,
1979.
The following appointments to the Transportation
Trans Plan
x
Plan Citizens Advisory Committee for a term
CAC
ktion
1 Ayes
ending December 31, 1979 were confirmed:
(960)
(District 1) Councilman Strauss' appointment
were postponed to January 8, 1979.
Volume 32 - Page 331
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
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ROLL CALL s' December 20. 1978 iNnFY
(District 2) Councilman McInnis' reappoint-
•
ment of Richard Clucas and Merrill Skilling.
(District 3) Councilman Hart's reappointment
of John Haskell and Otto E. Schroeder.
(District 4) Councilman Heather's reappoint-
ment of William David Lusk and David Tosh.
(District 5) Mayor Ryckoff's reappointment
of Jean Watt and Virginia Vosburg.
(District 6) Councilman Hummel's appointments
were postponed to January 8, 1979.
(District 7) Mayor Pro Tem. Williams'
appointments were postponed to January 8,
1979.
7. A letter to Mayor Ryckoff from the State
Costa Mesa
Department of Transportation requesting Newport
Freeway
Beach's participation in the Transportation
(282)
Study for the Route 55 corridor from Pacific
Coast Highway to the Corona del Mar Freeway was
presented.
Motion
x
Mayor Ryckoff's appointment of Councilman
All Ayes
Hummel to the Policy Advisory Committee, and
Don Webb, Cooperative Projects Engineer, to the
•
Technical Advisory Committee was confirmed.
H. CONSENT CALENDAR:
Motion
x
The following actions were approved by one motion
All Ayes
affirming the actions on the Consent Calendar:
1. The following ordinances were introduced and
set for public hearing on January 8, 1978:
(a) Proposed Ordinance No. 1789, being, AN
Fireplace
ORDINANCE OF THE CITY OF NEWPORT BEACH
& Chimney
AMENDING SECTION 20.10.025(b) OF THE
Encroachments
NEWPORT BEACH MUNICIPAL CODE PERTAINING TO
0 -1789)
FIREPLACE AND CHIMNEY ENCROACHMENTS,
(3140)
Planning Commission Amendment No. 522, a
request initiated by the City of Newport
Beach. (A report from the Community
Development Department)
(b) Removed from the Consent Calendar.
The following ordinance was introduced and
passed to second reading on January 8, 1978:
(c) Proposed Ordinance No. 1790, being, AN
Elections/
ORDINANCE OF THE CITY OF NEWPORT BEACH
Municipal
AMENDING CHAPTER 1.25 OF TITLE 1 OF THE
0 -1790
•
NEWPORT BEACH MUNICIPAL CODE, ENTITLED
(12F)
"MUNICIPAL ELECTION CAMPAIGN CONTRIBUTION
AND EXPENDITURE CONTROL." (A report from
the City Attorney)
Volume 32 - Page 332
CITY OF NEWPORT BEACH
COUNCILMEN
OUN I MEN MINUTES
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ROLL CALL S'T December 20, 1978 INDEX
•
2. The following resolutions were adopted:
(a) Resolution No. 9490 rescinding Resolution
Com Dev
No. 8657 establishing a Community Development
CAC
Citizens' Advisory Committee. (A report
R -9490
from the City Manager)
(2137)
(b) Resolution No. 9491 authorizing the Mayor
Coast Hwy
and City Clerk to execute an agreement for
Bridge
engineering services between the City of
R -9491
Newport Beach and Simpson - Steppat, Consulting
(469)
Civil Engineers, in connection with the
design of the water main crossing in new
Coast Highway -Upper Bay Bridge. (A report
from the Public Works Department)
(c) Resolution No. 9492 consenting to an assign-
Success
ment of the license agreement from Success
Broadcasting
Broadcasting Company to Hutton Broadcasting
R -9492
Company for the use of the radio transmitter
(334)
and radio tower near the intersection of
Monrovia Avenue and 16th Street, contingent
upon Federal Communication Commission
approval. (A report from the City Manager)
(d) Resolution No. 9493 honoring Donald E.
Smallwood for his outstanding service as a
board member of the Newport -Mesa Unified
(9F)
•
School District.
3. The following communications were referred as
indicated:
(a) Removed from the Consent Calendar.
(b) To staff for reply, a letter from Charles P.
Avery enclosing photographs to illustrate
his concern, regarding a vessel with a
swordfish plank which extends some 20 feet
from the dock out over the water, and Mr.
Avery feels that the boat should be turned
around, so that the plank extends over
private property. (Attached)
(386)
4. The following communications were referred to the
City Clerk for filing and inclusion in the
records:
(a) Agenda of the Board of Supervisors
meetings of December 12 and 13, 1978.
(20)
(b) A copy of a letter to Mr. Alvin Cox from
Terry Crofoot the Executive Producer of
KABC -TV regarding the visability problems,
from the cockpits of the 727 airplane.
(195)
(Attached)
5. The following claims for damages were denied and
Claims
•
the City Clerk's referral to the insurance carrier
was confirmed:
(a) Claim of James L. Harper for property
Harper
damage to automobile when it was allegedly
(3133)
Volume 32 - Page 333
COUNCILMEN
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CITY OF NEWPORT BEACH
MINUTES
December 20, 1978
INDEX
Powell
(3142)
Howell
(3100)
Jalbert
(2967)
Laetsch
(2876)
Woodard
(2928)
(1203F)
hit by a City vehicle while it was parked
on Industrial Way on November 17, 1978.
Two automobiles owned by Mr. Harper were
involved. The City vehicle hit his Cadillac
which hit his Mercury. The claim on the
Mercury was presented to Council on
December 11, 1978.
(b) Claim of Valerie Jean Powell for property
damage to an automobile tire, which was
allegedly damaged by an unmarked "cut" on
West Coast Highway between Orange Avenue
and the Santa Ana River on October 23,
1978.
6. The City Clerk's referral of the following
Summons and Complaints to the insurance carrier
was confirmed:
(a) Summons and Complaint of Jay Handy Howell
for False Arrest, False Imprisonment,
Assault and Battery and Trespass, Case No.
30 -18 -20 in the Orange County Superior
Court. The original claim was for the
same reasons when the claimant was arrested
at the Newporter Inn.
(b) Summons and Complaint of Donale Jalbert and
Donna Jalbert for inverse condemnation and
for negligent damage to real and personal
property, Case No. 30 -33 -03 in the Orange
County Superior Court. The original claim
was allegedly due.to inadequate drainage by
the City -owned storm drains.
(c) Summons and Complaint for Negligence of
Franz Laetsch Case No. 28 -81 -36 in the
Orange County Superior Court. The original
claim was for personal injuries, property
damage and impaired ability to work which
resulted from a traffic accident on
December 27, 1977.
(d) Summons and Complaint of Linda Nelson
Woodard, for Damages and Injunction, Case
No. 30 -00 -92 in the Orange County Superior
Court. The original claim was for damage
caused by a sewer backing up.
7. The following request to fill personnel vacancies
was approved: (A report from the City Manager)
(a) One Equipment Mechanic II position in the
General Services Department to fill a
position now vacant.
(b) Two Police Officers in the Patrol Division
of the Police Department to fill positions
now vacant.
Volume 32 - Page 334
I
INDEX
Powell
(3142)
Howell
(3100)
Jalbert
(2967)
Laetsch
(2876)
Woodard
(2928)
(1203F)
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
'A
9 C n q9
ROLL CALL , �J 9 December 20, 1978 INDEX
•
B. The following staff and committee reports were
received and ordered filed:
(a) A report from the Administrative Assistant
OrCo
regarding the Orange County Airport Commis-
Airport
sion meeting of December 12, 1978. (Attached)
(195)
(b) A report from the Budget Committee regarding
Marinapark
Marinapark budget amendment request.
(209)
(Attached)
(c) A letter from the Bicycle Trails Citizens
Bicycle
Advisory Committee to R. H. Clucas responding
Regs
to his letter on bicycle safety and City
(134)
liability. (Attached)
9. There were no public hearings scheduled.
10. The application of Fred J. Wallace to construct a
Encroach -
27.5- foot -wide driveway approach at 908 East
ment
Balboa Boulevard was approved. (A report from the
Balboa Blvd
Public Works Department)
(3139)
11. Removed from the Consent Calendar.
12. Removed from the Consent Calendar.
13. The work on the Spyglass Hill Park Improvements,
Spyglass
Contract No. 1970, was accepted; and the City
Hill Park
•
Clerk was authorized to file a Notice of Comple-
(2766)
tion and to release the bonds 35 days after
Notice of Completion has been filed. (A report
from the Public Works Department)
14. The work on the Balboa Island Bulkhead Coping
BI Coping
Repair, Contract No. 1860, was accepted; and the
Repair
City Clerk was authorized to file a Notice of
(2870)
Completion and to release the bonds 35 days after
Notice of Completion has been filed. The Public
Works Department was directed to report to the
Council by January 22, 1979 as to the extent of
liquidated damages to be assessed. (A report
from the Public Works Department)
15. Removed from the Consent Calendar.
I. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A letter from Mr. and Mrs. M. L. Graham regarding
Senior
the danger of the 5th Avenue entrance to the
Citizens
Senior Citizens facility parking lot was re-
Center
Motion
x
ferred to the staff for reply and to the
(2784)
All Ayes
Transportation Plan Citizens Advisory Committee.
2. A report was presented from the Public Works
Vacation/
Department regarding the relocation of the
Sewer.Line
existing sewer line on Lots 13 and 14 of Tract
Ocean Blvd
No. 1257, located southwesterly side of Ocean
(3141)
•
Boulevard westerly of Poinsettia Avenue in
Corona del Mar.
Don Stevens, engineer for the project, addressed
the Council.
Volume 32 - Page 335
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
.A�C /�� 9� 9G 22
ROLL CALL ON 9 s December 20, 1978 INDEX
tion
x
The relocation of the existing sewer line was
1 1 Ayes
approved in concept with the condition that
there be a geological report prepared, and the
staff was directed to prepare the required
quitclaim deed.
3. A report was presented from the Public Works
CdM Water
Department regarding the water main construction
Mains
and replacement in Corona del Mar, 1977 -78,
(2885)
Contract No. 1957.
Motion
x
The work was accepted, and the City Clerk was
All Ayes
authorized to file a Notice of Completion and to
release the bonds 35 days after the Notice of
Completion has been filed.
4. A report from the Parks, Beaches and Recreation
Senior
Director regarding a Budget Amendment for
Citizens
$9,120.00 for the refurbishment of the South and
Facility
Motion
x
Administrative wings at the Oasis Senior Citizens
(18F)
All Ayes
facility was postponed to January 8, 1979.
5. A report was presented from the Community
Height &
Development Department regarding Planning
Density
Commission Amendment No. 523, a request initiated
Regs
by the City of Newport Beach to amend Title 20
(1279)
of the Newport Beach Municipal Code for the
purpose of reducing height limits and preserving
existing roof lines on the bluff side of Kings
.
Road and Kings Place between Irvine Avenue and
Dover Drive in Cliff Haven.
A proposed Ordinance, being, AN ORDINANCE OF THE
CITY OF NEWPORT BEACH AMENDING SECTION 20.02.050
OF THE NEWPORT BEACH MUNICIPAL CODE BY ADDING
SECTION (e) THERETO RELATING TO HEIGHT OF
STRUCTURES ON THE BLUFF SIDE OF KINGS ROAD AND
Motion
x
KINGS PLACE, was postponed for introduction on
All Ayes
January 8 and to be set for public hearing on
January 22, 1979.
6. A report was presented from the Budget Committee
Harbor Area
regarding the Harbor Area Baseball Program.
Baseball BA
(18F)
BA -23, $7,000.00 increase in Budget Appropriations
for Harbor Area Baseball Program, from Unappropri-
Motion
x
ated Surplus to PB &R- Recreation, Services -
Ayes
x
x
x
x
x
x
Professional, Technical, etc., Park and Recreation
Noes
x
Fund, was approved.
K. ADDITIONAL BUSINESS:
1. Kevin Meyer and Tom Bauman addressed the Council
Boy Scouts
regarding the sailing ship Argus which is being
(366)
sold by the Boy Scout Council, and asked the
Council for its support for the Scouts' efforts
to keep the ship here.
Volume 32 - Page 336
COUNCILMEN
ti� y
�i�
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ROLL CALL
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11 Ayes
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11
CITY OF NEWPORT BEACH
MINUTES
December 20, 1978
INDEX
x
The Mayor was authorized to contact the Scout
Council at his discretion in connection with
maintaining the Argus for Scouts in Newport
Beach.
Mayor Ryckoff adjourned the meeting at 10:30 p.m.
Mayor
Attest: /
City Cler&
I , rrr
Volume 32 - Page 337