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HomeMy WebLinkAbout01/07/1980 - Adjourned Regular MeetingCOUNCILMEN ROLL CALL ADJOURNED COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: January 7, 1980 MINUTES INDEX Present x x v v x v x A. POLL CALL. Motion x B. The reading of the Minutes was waived; and the r 11 Ayes Minutes of the Adjourned Council Meeting of November 19 and of the Regular Council Meeting of December 10, 1979 were approved as written and ordered filed. Motion x C. The reading in full of all ordinances and resolutiions All Ayes under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Ryckoff opened the continued public hearing Police Tow regarding the selection of the two official Police Truck Service Tow Truck Service operators and the granting of (70) Certificates of Public Convenience and Necessity for tow truck services. The applicants for the tow truck certificates and official police tow services are Coast Towing Service, Harbor Towing, and G & W Towing, Inc. . A letter received after the agenda was printed from attorney Donald Smallwood regarding G & W Towing yard and pictures presented by Coast Towing of their storage yard were presented. Police Chief Gross addressed the Council briefly regarding fees charged by official Police Tow Truck Service Operators. Donald Smallwood, representing G & W Towing, and Dennis O'Neil, representing Coast Towing, addressed the Council and stated that their clients were present to answer any questions. Motion x The hearing was closed after it was determined that All Ayes no one else desired to be heard. Motion x The following resolutions were adopted: Ayes x x x x x Noes x x Resolution No. 9702 selecting Harbor Towing and R -9702 G & W Towing as the official police tow truck service operators, issuing a certificate of public convenience and necessity therefor and authorizing the execution of an agreement between the City of Newport Beach and Harbor Towing and G & W Towing in connection with the official police tow truck services. Resolution No. 9703 establishing tow charges, R -9703 storage rates, and after -hours release fees for official police tow truck services and repealing Resolution No, 9109. Volume 34- Page 1 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 9COy%'� F v °TyFCS Z's INDEX Resolution No. 9704 issuing a Certificate of Public R -9704 Convenience and Necessity to operate a tow truck service upon the streets of the City of Newport �. Beach to Coast Towing Service, Harbor Towing and G & W Towing. 2. Mayor Ryckoff opened the public hearing regarding Grading and Ordinance No. 1831, being, Siltation 0 -1831 AN ORDINANCE OF THE CITY OF NEWPORT (26) BEACH AMENDING SECTION 15.04.190 OF THE NEWPORT BEACH MUNICIPAL CODE, AMENDING CHAPTER 70 OF THE NEWPORT BEACH BUILDING CODE DEALING WITH GRADING AND SILTATION. Robert Fowler, Building Director, gave a brief staff report. Motion x The hearing was closed after it was determined that All Ayes no one desired to be heard. Motion x Ordinance No. 1831 was adopted All Ayes 3. Mayor Ryckoff opened the public hearing and City Variance Council review of Variance No. 1063, a request of 1063 Norman and Edith Walker to permit the construction (91.) of a single - family dwelling in the R -1 District which exceeds the height limit in the 24/28 Foot Height Limitation District; located at 3425 Ocean Boulevard, on the southerly side of Ocean Boulevard . and its intersection with Narcissus Avenue in Corona. del Mar; zoned R -1. A report was presented from the . Planning Department. Norman Walker, applicant, addressed the Council. Motion x The hearing was closed after it was determined that All Ayes no one else desired to be heard. Motion x The decision of - the Planning Commission was All Ayes sustained, subject to the findings and conditions . imposed by the Planning Commission. 4. Mayor Ryckoff opened the public hearing regarding Superior Av initial study and Environmental Impact Report - Imprvmnts Negative Declaration for Superior Avenue (94) Improvements from ,Coast Highway to 1200 feet north of Coast Highway. A report was presented from the Public Works iDepartment. A letter from the Newport Crest Homeowner's i Association expressing approval of the plans to realign Superior Avenue, and offering items for consideration was presented. Volume 34 - Page 2 COUNCILMEN yy I;ys,, G 9 ! O y a'Zj�j� !i 'f0 y9G 22i v� , N d s ROl I CALL U' 9 7anuary 7. 1980 MINUTES INDEX David Shores, a resident of Newport Crest, addressed the Council and asked if widening rather than realigning Superior had been considered. He was assured that widening had been considered, but that it would not accomplish what realignment would. Motion . x The hearing was closed after it was determined that All Ayes no one else desired to be heard. Motion x The Negative Declaration was accepted, and a All Ayes Notice of Determination was ordered filed with the County Clerk. E. ORDINANCES FOR SECOND READING: 1. Ordinance No. 1830, being, Dwelling Unit AN ORDINANCE OF THE CITY OF 0 -1830 NEWPORT BEACH AMENDING SECTION (94) NO. 20.87.140 OF THE NEWPORT BEACH MUNICIPAL CODE AS IT PERTAINS TO THE DEFINITION OF THE TERM "DWELLING UNIT," Planning Commission Amendment No. 538, a request initiated by the City of Newport Beach to consider an amendment to Section 20.87.140 of the Newport Beach Municipal Code as it pertains to the definition of the term "Dwelling Unit," and the acceptance of an Environmental Document. A report was presented from the Planning Department. Motion x The Environmental Document was accepted, and All Ayes Ordinance No. 1830 was adopted. 2. Ordinance No. 1832, being, Health & Sanitation AN ORDINANCE OF THE CITY OF 0 -1832 NEWPORT BEACH AMENDING SECTION (95) 6.08.010 AND 6.08.020 OF THE NEWPORT BEACH MUNICIPAL CODE AND ADDING SECTION 6.08.042 AND 6.08.044 TO THE NEWPORT BEACH MUNICIPAL CODE DEALING WITH REGULATION OF MOBILE FOOD PREPARATION VEHICLES, was presented for second reading. Motion x Ordinance No. 1832 was adopted. All Ayes Volume 34 - Page 3 • i CITY OF NEWPORT BEACH COUNCILMEN MINUTES Gm's ,A� /�� 9l, 9G 22 oy ROLL CALL s \ January 7. 19R0 INDEX 3. Ordinance No. 1833, being, Animal Control AN ORDINANCE OF THE CITY OF 0 -1833 NEWPORT ,BEACH AMENDING SECTION (70) ` 7.04.100 OF THE NEWPORT BEACH MUNICIPAL CODE PROVIDING FOR IMPOUNDMENT AT A CITY FACILITY OF, ANY DOG WHICH BITES A PERSON WHILE UNLEASHED AND WHOSE OWNER CANNOT PROVIDE PROOF OF CURRENT RABIES VACCINATION, was presented for second reading. Motion x Ordinance No. 1833 was reintroduced and passed to All Ayes second reading on January 21, 1980. F. CONTINUED BUSINESS: 1. A report was presented from the Planning Annexation/ Department regarding City annexation of the County County Triangle as permitted under the Municipal Triangle Organization Act of 1977 (MORGA —AB 1533). (21) Motion x The staff was directed to file a completed All Ayes application with the Executive Officer of the Local Agency Formation Commission. 2. A report was presented from the Parks, Beaches and Balboa Recreation Department regarding Balboa Island Island Park 4totion Park. (62) x The City Manager was authorized to execute an. All Ayes architectural services agreement with architects Tom Moon and Associates of Newport Beach to prepare plans and specifications for the Balboa Island Park. Mayor Ryckoff asked the Council to consider meeting on January 21 instead of January 28. With the unanimous onsent of the Council, the Mayor announced that the next Council meeting would be held on January 21, 1980. 3. A report from the City Attorney regarding Balboa Bay' revocation of authorization for Balboa Bay Club Club refinancing with the Oppenheimer Group (38) was presented. Mayor Ryckoff stated that he had received a telephone call from Tom O'Keefe asking that this be kept open. The Mayor suggested keeping it open to October 1, 1980. Motion x Councilman Hart made a motion to adopt a proposed resolution rescinding Resolution No. 9643 .which would revoke the authorization for International Bay Clubs, Inc. to enter into a refinanacing transaction i with Oppenheimer. Industries, Inc., as amended. • Volume 34 - Page 4 i i D CITY OF NEWPORT BEACH COUNCILMEN MINUTES ROLL CALL. v ioun INDEX Motion x Mayor Ryckoff made a substitute motion to continue All Ayes to the next meeting for the purpose of receiving a letter from the Bay Club regarding their request to keep the matter open, which motion carried, G. CURRENT BUSINESS: 1. A report was presented from the Traffic Affairs Parking Committee regarding the proposed parking .. Prohibitions Prohibition on Campus Drive. (64) Letters in favor of the proposal were presented from Howser, Gertner & Brown; B.E.S.T. Insurance Brokerage; Dyna -Plex, Inc.; Burton Advertising; Leisure Life Style Corp.; Abigail Abbott Personnel Services; Sierracin /Transmask; Commonwealth Escrow Company; Ervin Engineering; CHA Industries; Homo Faram Ltd.; Computer Accounting Services, Inc.,; Continental Drilling - U.S.; Airborn ' Media Services; Jane Flynn Design, Inc,; Koll Company; Judy Turk & Associates; Diversified Properties, Inc.; Kilpatrick Management Company; Mrs. Patricia K. Ceresa; G. L. Hoch and New Image. Letters in opposition to the proposal from JEM AERO, Inc.; Golden West Airlines; S. Robert Radus; T. M. Broderick; Ralph Gray & Son; PAS Graphics, Inc.; and Best Employee Benefit Administrators, Letters received after the agenda was printed in favor of the parking prohibition were presented from Ghiassi, Inc.; Judy Turk & Assoc.; Patricia K. Ceresa; Diversified Properties, Inc.; Merchant Magazine; Kilpatrick Management Company and Metropolitan Waste Disposal. A letter received after the agenda was printed opposing the parking prohibition was presented from Beach Stationers, Inc. The following people addressed the Council in favor of the parking prohibition- Barbi Sinasek, who presented additional letters in favor of the proposal; and Debbie Gray of Cal- American Rent -a -Car, The following people addressed the Council in opposition to the parking prohibition as proposed and /or asked that parking be retained between Quail and Dove: Jonathon Blacher of PAS Graphics, Inc.; Dale Ward of Beach Stationers; Joe Monaco of JEM AERO; and Hiram Downard, of Kwik Copy Printing. Motion x Parking is to be left available between Quail and All Ayes Dove and prohibited as proposed along the rest of Campus Drive between Bristol Street North and MacArthur Boulevard, and a report is to be brought back to Council in six months, • Volume 34 - Page 5 CITY OF NEWPORT BEACH COUNCILMEN MINUTES oti F s ROLL CALL �u 9ss INDEX 2. A report was presented from the Public Works Traffic Department regarding the modification of traffic Signal signals and safety lighting on Irvine Avenue at Irvine /Univ/ University Drive /Del Mar Avenue, and at Mesa Del Mar Drive (C- 2040). (38) Motion x The informality in the bid of Steiny & Company, Inc. All Ayes was waived; and Resolution No. 9705, awarding a contract to Steiny & Company in connection with the modification of traffic signals and safety lighting on Irvine Avenue at University Drive /Del Mar Avenue, and at Mesa Drive (Contract No. 2040) in the amount of $56,600.00, was adopted. 3. A letter from Gunter C. Mayer was presented Bicycle resigning from the Bicycle Trails Citizens Advisory Trails Committee due to increasing personal commitments. CAC (24) Motion x Mr. Mayer's resignation was accepted with regret, All Ayes and the City Clerk was directed to prepare a Certificate of Appreciation. 4. A report was presented from the Marine Department Harbor regarding a request from William Ware, Henry Permit Buckingham, Martha Button and Don Russell that a Refunds portion of their permit fees be refunded subsequent (51) to the denial of their permit application. Motion x The request was approved. �11 Ayes 5. A report dated December 4, 1979 was presented Council from the Planning Department regarding "buildable Policy acreage." (69) David Dmohowski, representing The Irvine Company, addressed the Council and stated that the Baywood Apartments was the only one of their projects to come before the Planning Commission or Council which would be affected by the proposed policy. Motion x The proposed policy was referred back to staff. All Ayes 3. A letter from the Orange County Division of the Regional League of California Cities was presented Planning concerning the creation of. a Regional Planning Council Council. (61) Motion x Mayor Pro Tern Williams made a motion to direct the City's representative to vote against the measure. Motion x Councilman McInnis made a substitute motion to Ayes x 1 x direct the City's representative to use his own Noes x x x x i x judgment, which motion failed. Ayes x x x x ; x A vote was taken on Mayor Pro Tem Williams' es �o ix x motion, which motion carried. i Volume 34 - Page 6 i CITY OF NEWPORT BEACH COUNCILMEN s.A c^ 9 0T ti Gs ZEN ROLL CALL anon MINUTES INDEX 7. A report was presented from. the City Manager Refuse regarding the cost for collecting refuse. (44) • Margot Skilling addressed the Council as President of the West Newport Beach Improvement Association and as a private citizen regarding the trash problem in West Newport and the method of payment for the pickups. . Motion x Councilman Heather made a motion to adopt a Aye x x x proposed resolution submitting to the qualified Noes x x x x electors of the City .a certain measure relating to amending ection 6.04.170 of the Newport Beach Municipal Code allowing second or additional residential garbage, refuse and cuttings collections to be financed by a user fee, which motion failed. 8. A discussion was had regarding the ballot measures' General arguments in connection with the April 8, 1980 Municipal Municipal Election. Election (39) Motion x Mayor Ryckoff made a motion designating himself and Councilmen Hart and Strauss to prepare the written arguments, and to. adopt Resolution No. R -9706 9706 authorizing the same members to file written arguments for City measures. Motion x Councilman Heather made a substitute motion to Ayes x x allow herself and Councilman McInnis, as a Council Noes x x x x x minority, to write an argument against Proposition 2, which motion failed. *yes x x x x x x A vote was taken on Mayor Ryckoff's motion, which Noes x motion carried. Motion x 9.. The following actions were taken in connection with General All ayes the April 8, 1980 Municipal Election, Municipal Election (a) The City Clerk was directed to accept (39) nomination papers from candidates who are registered in the City and in the District at' the time nomination papers are taken out. (b) Reimbursement was established for Election Officers at $29 for inspectors, $24 for judges and clerks, and $15 for polling places when held in garages and carports and $20 when held in residences. (c) Determination was made that candidates may not include additional campaign materials with the sample ballot mailings. 10. A report was presented from the City Manager CAC's regarding appointments to the Citizens Advisory (24) Committees for a one -year term expiring i December 31, 1980. •Volume i 34 -Page 7 CITY OF NEWPORT BEACH COUNCILMEN yG oyG2� 93 T�,9ss d' ROLL CALL 7 102n MINUTES MOW O Motion x The following appointments to the Bicycle Trails BTCAC All Ayes Citizens Advisory Committee were confirmed: (24) • (a) District 1, Councilman Strauss' appointment of Howard B. Rapp and reappointment of Marilyn Hendrickson. (b) District 2, Councilman McInnis' reappointment of Donald J. Foster and continuation of the second appointment to January 21, 1980. (c) District 3, Councilman Harts' reappointment of Betsy Carpenter MacKenzie and Willard Courtney. (d) District 4, Councilman Heather's reappointment of Carter Ford and George Hanlon. (e) District 5, Mayor Ryckoff's reappointment of Dorothy Beek and continuation of the second appointment to January 21, 1980. (f) District 6, Councilman Hummel's reappointment of William S. Pope and Nan Flink. (g) District 7, Mayor Pro Tern Williams' appointments of two members was continued 10—Motion to January 21, 1980. x The following appointments to the Environmental CEQAC All Ayes Quality Citizens Advisory Committee were (24) confirmed: (a) District 1, Councilman Strauss' appointment of Doris Schreiber and reappointment. of Lee Spencer. (b) District 2, Councilman McInnis' reappointment of Ron Linsky and Anita Ferguson. (c) District 3, Councilman Hart's appointment of Paul Slayback and reappointment of Preston Lee Johns. (d) District 4, Councilman Heather's , reappointment of Jerry King and Seth M. Oberg, Jr. (e) District 5, Mayor Ryckoff's reappointment of Robert W. 'Scholler and continuation of the second appointment to January 21, 1980. (f) District 6, Councilman Hummel's appointment of Jeff Georgevich and, . reappointment of Judy Cooper. • {g) District 7, Mayor Pro Tern Williams'' appointment of two members was continued to January 21, 1980. i Volume 34 - Page 8 CITY OF NEWPORT BEACH COUNCILMEN MINUTES �9�0� ti9s2ti. �TF,p�N ROLL CALL s' 7anuary 7. 19RO INDEX Motion x The following appointments to the Litter Control LCCAC All Ayes Citizens Advisory Committee were confirmed: (24) • (a) District 1, Councilman Strauss' reappointment of Carol McDonald and continuation of the second appointment to January 21, 1980. (b) District 2, Councilman McInnis' reappoint- ment of Joan Shaw and continuation of the second appointment to January 21, 1980. (c) District 3, Councilman Hart's appointment of Ninfa Jarvis and Betty Hogg. (d) District 4, Councilman -Heather's reappoint- ment of Richard John and continuation of the second appointment to January 21, 1980. (e) District 5, Mayor Ryckoff's appointment of Elizabeth Wallace and reappointment of Joe Amidon. (f) District 6, Councilman Hummel's reappoint - ment of Pat Strang and continuation of the second appointment to January 21, 1980. (g) District 7, Mayor Pro Tern Williams' appoint- ment of two members was continued to ' January 21, 1980. AhMotion x The following appointments to the Transportation TPCAC All Ayes Plan Citizens Advisory Committee were confirmed: (24) (a) District 1, Councilman Strauss' appointment of two members was continued to January 21, 1980. (b) District 2, Councilman McInnis' reappoint - ment of William Dohr and Merrill Skilling. (c) District 3, Councilman Hart's appointment of .Owen Minney and reappointment of Otto E. Schroeder. (d) District 4, Councilman Heather's reappoint- ment of William David Lusk and David Tosh. (e) District 5, Mayor- Ryckoff's reappointment of Jean Watt and Virginia Vosburg. (f) District 6, Councilman Hummel's reappoint- ment of Daniel Emory and Rich Succa. (g) District 7, Mayor Pro Tern Williams' appoint- ment of two members was continued to i i January 21, 1980. • i Volume 34 - Page 9 i CITY OF NEWPORT BEACH COUNCILMEN MINUTES F 9 oT y� s mod+ ROLL CALL �d'� 9 INDEX H. CONSENT CALENDAR: �v1 otion x The following actions were taken as indicated except for �hll Ayes those items removed 1. ORDINANCES FOR INTRODUCTION: For introduction and set for public hearing on January 21, 1980: (a) Proposed Ordinance No. 1834, being, AN Flammable ORDINANCE OF THE CITY OF NEWPORT Liquid BEACH ADDING SECTIONS 20.10.040 AND Storage 20.51.032 TO THE NEWPORT BEACH 0 -1834 MUNICIPAL CODE PERTAINING TO THE (94) UNDERGROUND STORAGE OF FLAMMABLE LIQUIDS, Planning Commission Amendment No. 540, a request initiated by the City of Newport Beach to consider an amendment to Title 20 of the Newport Beach Municipal Code as it pertains to the underground storage of flammable liquids in residential areas, and the acceptance of an Environmental Document. (A report from the Planning Department) For introduction and pass to second reading on January 21, 1980: (b) Removed from the Consent Calendar. • 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 9707 authorizing the Mayor and Marinapark City Clerk to Execute a Consent to We of R -9707 Mobilehome and Trailer Space in Newport (38) Marinapark (Krems and Feldman). (b) Resolution No. 9708 authorizing the Mayor and Law Enforce - City Clerk to execute an Agreement for . ment. Supplemental Law Enforcement Services Services between the city of Newport Beach and the R -9708 City of Irvine. (A report from the City (38) Attorney) (c) Resolution No. 9709 authorizing the Mayor and ' Use Permit City Clerk to execute a Use Permit Agreement 1895 between the City of Newport Beach and Morris R 9709 Desatoff in connection with the public (88) improvements required with Use Permit No. 1895. (A report from the Public Works Department) (d) Resolution No. 9710 authorizing the Mayor and Resub 623 City Clerk to execute a Subdivision Agreement R -9710 between the City of Newport Beach and Yvies (84) Briee and Yvan Humbert in connection with the Public improvements required with Resubdivision No. 623 (Le Biarritz Restaurant, 1 Inc.) (A report from the Public Works Department) i I i Volume 34 - Page 10 COUNCILME �(N c`9� 9G'L2 F v °T y(� s 'ar ROLL CALL �d'� 9 January 7, 1980 • • MINUTES INDEX i y& V c El ining Pipe ament .vd (e) Resolution No. 9711 authorizing the Mayor and Resub 62: City Clerk to execute an agreement for Non- R -9711 Standard Street Improvements between the City (84) of Newport Beach and Le Biarritz Restaurant, Inc., in connection with Resubdivision No. 623. (See above report with Agenda Item H -2(d) (f) Resolution No. 9712 authorizing the Mayor and Resub 63: City Clerk to execute a Subdivision Agreement R -9712 between the City of Newport Beach and (84) Courthouse Plaza Associates, Ltd., in connection with the public improvements required with Resubdivision No. 632. (A report from the Public Works Department) (g) Resolution No. 9713 awarding a contract to . Traffic Grissom & Johnson, Inc., in connection with the. Signals/ installation of traffic signals and safety lighting E Cst Hw at East Coast Highway and Avocado Avenue Avocado (C- 2128), in the amount of $44,190.00. (A R -9713 report from the Public Works Department) (38) (h) Removed from the Consent Calendar. W Resolution No. 9714 authorizing the Mayor and City Prol City Clerk to execute an Extension of the Bayside 1 License Agreement between the City of New- Paseo port Beach and Ygal and Sheila Sonenshine for R -9714 the use of City property at Bayside Drive and El (38) Paseo Drive. (A report from the City Manager) (j) Resolution No. 9715 awarding a contract to Cement Ameron, Inc. in connection with the 1979 -80 Mortar L Cement Mortar Lining of Cast Iron Pipe Cast Iror (C- 2130), in the amount of $103,141.00. (A R -9715 report from the Public Works Department) (k) Removed from the Consent Calendar. (1) Resolution No. 9716 authorizing the City Lido Fir( Manager to execute an agreement between the Station City and Kermit Dorius, FAIR, Architects and R -9716 Associates, to prepare plans and specifications (38) for remodeling the Lido Fire Station. (A report from the Public Works Department) 3. COMMUNICATIONS - For referral as indicatedz (a) To Parks, Beaches and Recreation Commission Encroacl for recommendation and to the staff for review Ocean B. and recommendation, a letter from Dr. K. J. (62)' Smallwood requesting approval for landscape improvements at 3725 and 3729 Ocean Boulevard in Corona del Mar. (Letter attached. Map available in City Clerk's office) i i (b) Removed from the Consent Calendar. I i Volume 34 - Page 11 i y& V c El ining Pipe ament .vd COUNCILMEN MINUTES 9� 9G�2 F N ROLL CALL, ��'� January 7 1980 INDEX 4. COMMUNICATIONS - For referral to the City Clerk for filing and inclusion in the records: (a) A letter from the Balboa Coves Community Association expressing appreciation for services provided by the City. (Attached) (b) A letter from the Harbor View Community Association expressing appreciation for help they received from Pat Dunigan of the Public Works Department. (Attached) (c) A letter from John K. Butler, President of the Central Newport Beach Community Association expressing his appreciation for the accomplish - ments of the Council in the last few years. (Attached) (d) Notice of public hearing before the Board of Supervisors on January 3 to determine if the Harbors, Beaches and Parks District should expend funds for the development of the Aliso Creek Bicycle Trail from the San Diego Freeway to Moulton Parkway. (Attached) (e) Notice of public hearing before the Board of Supervisors on January 3 to determine if the Harbors, Beaches and Parks District should undertake the Bolsa Chica Linear Regional Park project. (Attached) (f) A letter from C. P. Avery relative to the citizens being held in Iran as hostages. (Attached) (g). A letter from George H. Gerlach regarding the presidency. (Attached) (h) Letters from Helen Ballantine and Nancy Kimble approving Council's actions on the General Plan. (Attached) (i) A letter from the Local Agency Formation Commission regarding proposed annexation to Costa Mesa Sanitary District designated Engineer's No. 193 Annexation. (Attached) (j) Excerpts from the Minutes of the Board of Supervisors authorizing consent to assignment of lease and consent to sublease Lower Newport Bay; and authorizing negotiation of an amendment to the General Use Agreement with the City for use of boat slips. (Attached) (k) Order before the Public Utilities Commission instituting investigation regarding railroad grade crossings. i (1) Notice of application before the Public Utilities • I Commission of Southern California Gas Company for rate increase. i Volume 34 - Page 12 CITY OF NEWPORT BEACH COUNCILMEN MINUTES F s ROLL CALL �J 9 January 7 1980 INDEX (m) Minutes of the Local Agency Formation Commission meeting of November 28, 1979. (Attached) (n) A letter to the City Clerk with information regarding the Community Services ' Administration. (Attached) (o) Agenda of the Board of Supervisors meetings of December 11, 12, 18, 19, 1979 and January 2 and 3, 1980. (p) A letter from the Orange County Division of the League of Cities regarding February 2 conference in Garden Grove. (Attached) 5. CLAIMS FOR DAMAGES: For denial and confirmation of the City Clerk's Claims referral of claims to the insurance carrier: (36) (a) Claim of Beverly Allen for personal injuries Allen sustained on September 1, 1979 when she fell at the corner of Ocean Front and 23rd Place allegedly because her roller skates hit a large crack in the sidewalk. (b) Claim of Blain Allen for damages accruing to Allen him because of his wife's alleged injury on September 2, 1979, his losses consisting of loss of consortium and loss of wages in caring for his • wife. (c) Claim of Patrick T. Bressert for personal Bressert injuries allegedly sustained when he injured his left leg during a softball game on August 28, 1979 at Corona del Mar High School. (d) Claim of Helen Coffey, Jr. for property damage Coffey at 123 Via Florence allegedly caused when City sewer lines were backed up on September 11, 1979. (e) Claim of Peter Selfridge for attorney fees, loss Selfridge of wages, defamation and emotional distress allegedly caused by a Newport Beach Police Officer filing a Misdemeanor complaint against claimant on September 24, 1979. For denial: (f) Application for leave to present late claim of Harris Clay Harris for damage to his van at Balboa Pier in first week of April, 1979, allegedly caused when it was struck by a Police Officer. I I Volume 34 - Page 13 • i i I CITY OF NEWPORT BEACH COUNCILMEN MINUTES ROLL CALL 9�iS� flss INDEX (g) Leave to present late claim of Steven R. Gay Gay for towing charges allegedly incurred when his parked vehicle was cited and caused to be towed away from Marigold and Narcissus Street on May 9, 1979. Claimant was found not guilty and seeks reimbursement. 6. SUMMONS AND COMPLAINTS: For confirmation of the City Clerk's referral to the insurance carrier. (a) Summons and Complaint of Elmer H. Thomassen Thomassen, M.D., for damages, false arrest and false imprisonment allegedly committed by Newport Beach Police Officers, Case No. 324692 in the Orange County Superior Court. For confirmation of the City Clerk's referral to the City Attorney: (b) Summons and Complaint for Declaratory Relief Ebsen v. Beek of Christian Ludolf Ebsen, et at v. Carroll Beek,. et al; Case No. 324457 in Orange County Superior Court. (A report from the City Attorney) 7. REQUEST TO FILL PERSONNEL VACANCIES -For Personnel approval: (A report from the City Manager) Vacancies (66) (a) One Typist Clerk 11, Finance Department, to fill.. • a new position created as a result of a CETA - transition. (b) One Library Clerk I, Library Services Department, to fill a new position created as a result of a CETA transition. (c) One Library Clerk II, Library Services Department, to fill a vacant position. (d) One Equipment Mechanic I, General Services Department, to fill a vacant position. (e) Three Police Officers, Police Department, to fill vacant positions. (f) One Recreation Clerk, Parks, Beaches and j Recreation Department, to fill a vacant . position. (g) One Typist Clerk I, Parks, Beaches & Recreation Department, to fill a new position created as a result of a CETA transition. (h) One Groundsman Gardener II, Parks, Beaches and Recreation Department, to fill a vacant i position. •Volume � i 34 -Page 14 CITY OF NEWPORT REACH COUNCILMEN MINUTES x �9C. 9s p yG2� 9 F,p N ROLL CALL �d'� s� January 7. 1980 INDEX (i) One Groundsman Gardener I, Parks, Beaches & Recreation Department, to fill a vacant position, CETA transition. (j) One Recreation Coordinator, Parks, Beaches and Recreation Department, to fill a newly created position as a result of a CETA transition. S. COMMISSION, COMMITTEE AND STAFF REPORTS - For Council information and filing - (a) A report from the City Manager regarding a Npt Pier proposed bait shop extension at the Newport Concession . Pier Concession. (Attached) (51) 9. PUBLIC HEARINGS SCHEDULED: None. 10. TRACT NO. 10156 - Acceptance of public Tract 10156 improvements constructed in conjunction with Tract No. 10156, portion of Lot 17, Newport Heights, located at 2420, 2426 and 262614 - 15th Street, on the northwesterly side of 15th Street between Gary Place and Powell Place in Newport Heights; authorization to the City Clerk to release the Faithful Performance Bond (Bond No. 86527018); and authorization to the City Clerk to release the Labor and Materials Bond (Bond No. 86527018) in six months provided no claims have been filed. (A report from the. Public Works Department) 11. TRAFFIC SIGNAL MODIFICATION AT NEWPORT Traffic BOULEVARD AND 32ND STREET (C- 2076)- Signal/ Acceptance of the work; authorization to the City Npt & 32nd Clerk to file a Notice of Completion; and (38) authorization to the City Clerk to release the bonds 35 days after the Notice of Completion has been filed. (A report from the Public Works Department) 12. SUMMER CONCERT PROPOSAL - Removed from the Consent Calendar. 13. HARBOR ISLAND WATER AND SEWER MAIN Harbor Is REPLACEMENT PROGRAM 1979 -80, (C -2112) - Water & Approval of the plans and specifications; and Sewer Mains authorization to the City Clerk to advertise for bids (38) to be opened at 10:30 a.m. on January 22, 1980. (A report from the Public Works Department) 14. BALBOA ISLAND BULKHEAD COPING REPAIR, BI Bulkhead PHASE 11, (C -2104) - Acceptance of the work; Coping Repair authorization to the City Clerk to file a Notice of (38) Completion; and authorization to the City Clerk to release the bonds 35 days after Notice of Completion has been filed. (A report from the Public Works i Department) • j Volume 34 - Page 15 COUNCILMEN MINUTES 9 A i ?� i %0 I !.\ 9i $! T M,9 ROLL CALL J' January 7. 1980 INDEX 15. NEWPORT BEACH OPEN VOLLEYBALL NB Open TOURNAMENT - Approval of the relocation of the Volleyball Newport Beach open volleyball tournament to the Tournament Balboa Pier area. (A report from the Parks, Beaches (62) and Recreation Director) 16. BUDGET AMENDMENTS - For approval: BA -0359 $4,264.00 increase in Budget Appropriations for contractual improvements in Irvine Terrace Park, from Unappropriated Surplus to Parks, Parkways, etc., Services, Professional, Technical, etc., Park and Recreation Fund. BA -036, $229500.00 increase in Budget Appropriations, for appraisal of Beacon Bay, from Unappropriated Surplus to Nondepartmental, Services - Professional, Technical, etc., General Fund. (A report from the City Manager) I. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A proposed resolution endorsing and supporting Calif Crime California Crime Watch and the Attorney General's Watch Plan to Restore Public Safety in the 80's was (70) presented. Police Chief Gross gave a brief staff report. x The resolution is to be brought back when more "otion yes x x x x x x information is available. Noes x Motion x 2. Resolution No. 9717, authorizing the Mayor to Beacon Bay All Ayes execute a Letter of Agreement with George 9-9717 Hamilton Jones for the appraisal of Beacon Bay lots, (38) was adopted, and the staff was directed to obtain an audit on the lease. Motion x 3. A letter from Rod Lippold regarding extension of Ocean Front All Ayes the boardwalk on Ocean Front in Balboa was Boardwalk referred to the staff for reply. (62) 4. A report was presented from the City Arts City Arts Commission asking the Council to approve in Comsn concept an Arts- Commission - sponsored outdoor (24) concert at University of California, Irvine, in July, 1980. Motion x The concert was approved in concept, and the All Ayes Commission was asked to keep the Council informed. 5. A report was presented from the City Attorney. Campaign regarding a proposed ordinance relating to campaign Statements contributions to City Council members. (39) •Volume i i i 34 -Page 16 I CITY OF NEWPORT BEACH COUNCILMEN oti ROLL CAL January 7 1980 Motion All Ayes Motion Ayes Noes Motion �Aotion Ayes Noes • MINUTES INDEX 0 -1.835 Npt Center Civic Plaza (68) General Plan (45) The following people addressed the Council and opposed the ordinance as proposed: Richard H. Spooner, Ninfa Jarvis, David Shores and Farel Walker. x The following ordinance was introduced and passed to second reading on February 11, 1980: Ordinance No. 1835, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 1.25.020 OF THE NEWPORT BEACH MUNICIPAL CODE BY ADDING SECTION (D) THERETO DEFINING "POLITICAL ACTION COMMITTEE" AND ADDING SECTIONS 1.25.065 THROUGH 1.25.069 REGARDING THE DISQUALIFICATION OF CITY COUNCIL MEMBERS FROM VOTING ON MATTERS AFFECTING MAJOR CAMPAIGN CONTRIBUTORS AND MAKING TECHNICAL AND 'CONFORMING CHANGES IN CONFORMANCE THEREWITH. J. ADDITIONAL BUSINESS: x 1. The Traffic Phasing Plan for Civic Plaza was set for x x x x x public hearing on February 11, 1980. x x x 2. Mayor Ryckoff made a motion to set General Plan Amendment No. 80-1 for public hearing on February 25, 1980. x Councilman Hart made a substitute motion to set x x x x General Plan Amendment No. 80 -1 for public x x x hearing on March 10, 1980, which motion carried. The Mayor declared the meeting adjourned at 10:45 p.m. to 7:30 p.m. on January 21, 1980. May ATTEST: City clerk-PO V4 P i a I I Volume Volume 34 - Page 17 INDEX 0 -1.835 Npt Center Civic Plaza (68) General Plan (45)