The URL can be used to link to this page

Home My WebLink About02/11/1980 - Regular MeetingCITY OF NEWPORT BEACH COUNCILMEN MINUTES REGULAR COUNCIL MEETING �!y 9�0�ti Gs2� Place: Council Chambers Time: 7:30 P.M. ROLL CALL\ �' \ Date: February 11, 1980 INDEX Present x x x x x x x A. Roll Call. I x B. The reading of the Minutes of the Adjourned W ytion es x x x x x Meeting of January 21, 1980 was waived, and the Abstain ix x Minutes were approved as written and ordered filed. . Motion I x C. The reading in full of all ordinances and resolu- All Ayes tions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Ryckoff opened the public hearing and City Newport Council review regarding a request of The Irvine Center Company, Newport Beach, to consider a Phasing Civic Plaza Plan for the remaining development in the Civic (94) Plaza Plannned Community District, and the acceptance of an Environmental Document. Property generally bounded by San Joaquin Hills Road, Santa Cruz Drive, San Clemente Drive, Santa Barbara Drive, and Jamboree Road in Newport Center; zoned P -C. A report was presented from the Planning Department Dick Cannon, representing The Irvine Company, addressed the Council and asked for approval and that the Planning Commission be sustained. Motion x The public hearing was closed after it was deter - &11 Ayes mined that no one else desired to be heard. Motion x Councilman Strauss made a motion to accept the Environmental Document, to approve the Traffic Phasing Plan subject to the five findings and the conditions recommended by the Planning Commission and to add Condition No. 8 as recommended by staff, as follows: "That prior to the issuance of any building permit authorized by the approval of this Traffic Phasing Plan, the applicant shall deposit with the City Finance Director $44,530.00 to be used for the construc- tion of a wall on the westerly side of Jamboree Road between Eastbluff Drive and Ford Road." Mayor Ryckoff asked that the motion be amended to change Condition No. 7 to read as follows: "The applicant shall contribute an amount equal to what would be the City's share of the cost of the free right -turn lane on Jamboree Road behind the Texaco Station ($90,000.00) to a Circulation and Transit Fund to be used at the discretion of the City for circulation and transit purposes in the Newport Center area," which amendment was accepted by the 1 maker of the motion. A vote was taken on Councilman Strauss' motion, All Ayes y which motion carried, and the Traffic Phasing Plan I was approved as amended. •Volume 34 - Page 30 i I CITY OF NEWPORT BEACH COUNCILMEN MINUTES 9O�y�S is ROLL CALL �s'� 9 s February 11, 1980 INDEX 2. Mayor Ryckoff opened the public hearing regarding: Harbor Vw Hills P -C (a) A request of The Irvine Company, Newport District Beach, to consider a Traffic Study for the (94) proposed construction of sixty -eight apartment units on 10.6 gross acres; located at 1601 San Miguel Drive, on the northeasterly side of San Joaquin Hills Road, between MacArthur Boulevard and San Miguel Drive in Harbor View Hills ( Baywood Apartments); zoned P -C. AND (b) Planning Commission Amendment No. 536, a request of The Irvine Company, Newport Beach, to amend the Planned Community Develop- ment Plan for Harbor View Hills to permit the expansion of Area No. 8 ( Baywood Apartments) of the Planned Community for additional multi- family residential units, and the acceptance of an Environmental Document. Property located at 1601 San Miguel Drive. AND (c) Resubdivision No. 637, a request of The Irvine Company, Newport Beach, to combine one parcel and a portion of Blocks 92 and 93 of Irvine's subdivision into one building site to permit the expansion of the Haywood Apartment complex on the property located at 1601 San Miguel Drive, on the northeasterly side of • San Joaquin Hills Road, between MacArthur Boulevard and San Miguel Drive in Harbor View Hills ( Baywood Apartments).; zoned P -C. A report was presented from the Planning Department. Joe Sarnecky of The Irvine Company 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 recommended actions of the Planning Commission All Ayes were sustained and the Traffic Study for the proposed construction of sixty -eight apartment units on 10.6 gross acres was approved; Resolution R -9721 No. 9721, amending the Planned Community Develop- ment Plan for Harbor View Hills to permit the expansion of Area No. 8 ( Baywood Apartments) of the Planned Community for additional multi - family residential units, and the acceptance of an Environmental Document, was adopted; and Resub- division No. 637 was approved. ` 3. Mayor Ryckoff opened the public hearing regarding Condemnation the condemenation of a vacant lot on Tustin Avenue Tustin Av opposite Avon Street to gain access to a City Vacant Lot . t parking lot. (73) i Volume 34 - Page 31 i CITY OF NEWPORT BEACH COUNCILMEN MINUTES =r3 p �2 's ROLL CALL �tp 9' February 11, 1980 INDEX A report was presented from the City Manager. i The City Manager presented a letter from Charles A. McKenna, Jr., attorney for Mrs. Oser, regard- ing the potential impact on Lot 39, and stating their understanding that the complaint in the eminent domain proceeding in connection with Lot 12 would not be filed for three weeks. Vin Jorgenson and Susan Cuse addressed the Council in favor of the condemnation. i Dick Clucas addressed the Council regarding the elimination of parking on Coast Highway that would be made possible by the proposed parking lot. Motion x The hearing was closed after it was determined that All Ayes no one else desired to be heard. :4otion x Resolution No. 9722, declaring the necessity of R -9722 All Ayes condemnation, requiring the taking of the fee interest of the property hereinafter described to provide access to City -owned property, as authorized pursuant to the Charter of the City of Newport Beach in Section 37350.5 of the California Government Code, finding that the public interest and necessity require the project, that the project is planned and located in the manner that will be most compatible with the greatest public good and least private injury, that the property described in the resolution is • necessary for the proposed project, authorizing the City Attorney to institute condemnation pro- ceedings and authorizing the Finance Director to make a deposit in court for possession of the subject property prior to judgment (access to City parking lot - Avon Street), was adopted. E. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1835, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH Election AMENDING SECTION 1.25.020 OF THE NEWPORT BEACH Campaign. MUNICIPAL CODE BY ADDING SUBSECTION (D) Statements THERETO DEFINING POLITICAL ACTION COMMITTEE 0 -1835 AND ADDING SECTIONS 1.25.065 THROUGH 1.25.069 (39) REGARDING THE DISQUALIFICATION OF CITY COUNCIL MEMBERS FROM VOTING ON MATTERS AFFECTING MAJOR CAMPAIGN CONTRIBUTORS AND MAKING TECHNICAL AND CONFORMING CHANGES IN CONFORMANCE THEREWITH, was presented for second reading. Motion xi Mayor Ryckoff made a motion to adopt Ordinance i No. 1835, and to direct the staff to prepare an • I i i i i Volume 34 - Page 32 I Will W16IM7111 4710207 COUNCILMEN MINUTES ROLL CAL L 9ss \ February 11, 1980 INDEX amendment to the ordinance indicating that the provisions are not to be retroactive beyond this • campaign. David Shores addressed the Council and asked that Mayor Ryckoff and Mayor Pro Tem Williams refrain from voting on the ordinance. Mayor Pro Tem Williams read the following state- ment for the record: "Although our existing campaign contribution limitation ordinance sets limits at $200.00 contributor per candidate, in reality we are finding that it's quite possible for one person to contribute $200.00 to each of several PAC's which are not under control of the candidate, yet support him. The intent of the proposed ordinance, as I see it, is to cause contributors to operate within the spirit of the existing ordinance - beginning with the present election." Councilman Heather stated that she would not support the motion, and made the following state- ment for the record: "I feel that this is a self - serving ordinance for incumbent Councilmen, and that it deals only with financial interests rather than special interests, which sometimes seem to weigh more heavily upon Council decisions than purely financial interests." Noes A vote was taken on Mayor Ryckoff's motion, which Noes x x x x motion carried. x x x 2. Ordinance No. 1836, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH Residential REPEALING SECTION 15.04,040, AMENDING Dwellings SECTION 15.06.090 AND REPEALING CHAPTER 15.21 0 -1836 OF THE NEWPORT BEACH MUNICIPAL CODE TO (26) ELIMINATE THE 600 SQUARE FEET MINIMUM FLOOR AREA FOR RESIDENTIAL DWELLINGS WITHIN THE CITY OF NEWPORT BEACH, CALIFORNIA, was presented for second reading. Motion x Ordinance No. 1836 was adopted. All Ayes 3. Ordinance No. 1837, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH Weed ADDING SECTION 10.48.170 TO THE NEWPORT Abatement BEACH MUNICIPAL CODE REGARDING MOWING AND Procedures DISKING OF WEEDS IN THE NEWPORT BAY 0 -1837 i i WATERSHED, (41) i was presented for second reading. • I Volume 34 - Page 33 i i i I W MINUTES ROLL CFohrnary 11. 1gR0 INDEX The City Attorney recommended that this ordinance be postponed to March 10 to allow for the preparation of a negative declaration. 9• 0tion xl Ordinance No. 1837 was postponed to March 10, All Ayes 1980. F. CONTINUED BUSINESS: 1. A report from the Ad Hoc Old Corona del Mar CdM Residen- Residential standards Study Committee was tail Dev presented. Standards (94) Bob Stoessel, Chairman of the Committee, addressed the Council regarding the report and stated that he was available to answer questions. Motion x The Residential Development Standards for Old All Ayes Corona del Mar were referred to the Planning Commission for preparation of an appropriate ordinance (zoning amendment) which would include R -3 and slope lots. 2. A report was presented from the Parks, Beaches Encroachment and Recreation Director regarding the request of Pub Prop Dr. K. J. Smallwood to encroach into the public Ocean Blvd property on Ocean Boulevard with brickwork and (65) landscape improvements. A letter from James W. Obrien was presented . approving the improvements made by Dr. Smallwood. Dr. Smallwood addressed the Council regarding his encroachment request. The following people addressed the Council and opposed the encroachment: Mary Burton, Florence Stoddard and Al Jobe. Motion x Councilman Hummel made a motion to direct that the improvements in front of this property be realigned to that which was approved in 1971, a twenty -foot curb cut and a twenty -foot paved area; that other improvements that are needed will be the responsibility of the City; that as much of the public use of that area be provided as possible; that whatever safety devices as are needed will become the obligation of the City; and that a iheight be specified for the tree in question. Councilman Hart asked that the motion be amended - to indicate that the sidewalk that had a permit be i approved, and the twelve -inch planter retaining - type wall adjacent to the sidewalk remain, which I I amendment was accepted by the maker of the motion. i i i i Volume 34 - Page 34 i •; • COUNCILMEN MINUTES ROLL CALL �d'� 9 s \ February 11, 1980 INDEX Ayes x x x A vote was taken on Councilman Hummel's amended Noes x x x x motion, which motion failed. �tion x Mayor Ryckoff made a motion to sustain the action of the Parks, Beaches and Recreation Commission and approve the request. Councilman Hummel asked that the motion be amended to stipulate that the height of the tree, or any other shrubs on public property, be approved by the Parks, Beaches and Recreation Commission, which amendment was accepted by the maker of the motion. Ayes x x x x x A vote was taken on Mayor Ryckoff's amended motion, Noes x x which motion carried. 3. A report was presented from the City Manager Tracts regarding a request of the Bluffs Homeowners 5463 & Community Association to amend the Declaration of 5480 Covenants, Conditions and Restrictions as recorded on March 16, 1964. Resolution No. 9723, authorizing the Mayor and R -9723 Motion x City Clerk to consent to the declaration of All Ayes Covenants, Conditions and Restrictions for Tract 5463 and Tract 5480 in the Bluffs limiting the increases in the annual assessments, was adopted. 4. A report dated January 21, 1980 was presented Harbor • from the Marine Department regarding Harbor Permit Permit Application No. 1011 -097 of the Balboa (51) Coves Community Association regarding the extension of their existing float. Marine Director David Harshbarger gave a brief staff report in answer to questions regarding the size of the coves. The following people addressed the Council regard - r ing the application: Tom Orlando, President of the Balboa Coves Community Association, and Sandy Wilford, who presented diagrams of the floats to Council. Motion x Mr. Wilford was granted two additional minutes for All Ayes his presentation. Motion x Harbor Permit Application No. 1011 -097 was All Ayes approved. 5. Appointments and reappointments to the Citizens Advisory Committees for a one -year term expiring December 31, 1980, or continuation of appoint - ments as indicated: Volume 34 Page 35 i I i I - I COUNCILMEN �� A`��• 9l 9G �Z as ROLL CALL Motion A] l Ayes 0 Motion All Ayes Motion All Ayes otion 1 Ayes Motion All Ayes is [ai; an MINUTES February 11, 1980 INDEX Bicycle Trails CAC (24) CEQAC (24) Litter Control CAC (24) Transportation Plan CAC (24) Curb Cut 1600 E Balboa Blvd (65) Tract 10019 x (a) The following actions regarding the Bicycle Trails Citizens Advisory Committee were confirmed: 1) District 6, Councilman Hummel's continuation of appointment of a member to replace William Pope. 2) District 7, Mayor Pro Tem Williams' reappointment of Jim Dodds and con- tinuation of appointment of a member to replace Robert L. Newcomb. (b) District 7, Mayor Pro Tem Williams' x appointment of Ron Kennedy as a member of the Environmental Quality Citizens Advisory Committee to replace Jean Wegener was con- firmed. (c) The following actions regarding the Litter x Control Citizens Advisory Committee were confirmed: 1) District 4, Councilman Heather's continuation of appointment of a member to replace Rae Cohen. 2) District 7, Mayor Pro Tem Williams' reappointment of Cindy Houston and Elaine Linhoff. (d) District 7, Mayor Pro Tem Williams' reappoint- x ment of Calvin McLaughlin to the Transporta- tion Plan Citizens Advisory Committee was confirmed. G. CURRENT BUSINESS: 1. A letter from Rolly Pulaski and Associates was presented requesting Council consideration for a curb cut permit for the Snyder resi- dence at 1600 E. Balboa Boulevard which had been denied by the Public Works Department. A report was presented from the Public Works Department. The action of the staff was reversed, and the Ix request for a curb cut at 1600 E. Balboa Boulevard was approved. 2. A letter from The Irvine Company was presented regarding their North Ford site, Tract No. 10019, and requesting Council reconsideration of the Tentative Tract Map. i i A report was presented from the City Attorney. I i I Volume 34 - Page 36 INDEX Bicycle Trails CAC (24) CEQAC (24) Litter Control CAC (24) Transportation Plan CAC (24) Curb Cut 1600 E Balboa Blvd (65) Tract 10019 CITY OF NEWPORT BEACH COUNCILMEN MINUTES ROLL CALL �kP 9 s February 11, 1980 INDEX Volume 34 - Page 37 Robert Shelton, representing The Irvine Company, addressed the Council and suggested that Council assume original jurisdiction of the Tentative Subdivision Map 10019, and set for public hearing • I on February 25, 1980 or continue the request of The Irvine Company until the settlement agree- ment is reviewed and approved by the Council, and further stated that if there were any . problems at the next meeting, the hearing could be continued. Motion The Council assumed original jurisdiction of the All Ayes x Tentative Subdivision Map No. 10019, and set a public hearing for February 25, 1980, and con- tinued the request of The Irvine Company until the Stipulated Judgment is reviewed and approved by the City Council. 3. A report was presented from the Planning Depart- Grading, ment regarding action taken by the Planning Filling, Commission at its meeting of January 24, 1980, Excavation to recommend to the City Council that bonds be (26) required pursuant to Chapter 70 of the Building Code (Excavation and Grading) for the remaining work on the Sea Island Project and the Ford Road /MacArthur Boulevard Road Widening and Intersection Improvement Project. Motion x Mayor Ryckoff made a motion to sustain the recommendation of the Planning Commission. on x Councilman Hart made a substitute motion to file x x x the recommendation of the Planning Commission, Noes x x x x which motion failed. Ayes x x x x x A vote was taken on Mayor Ryckoff's motion, Noes x x which motion carried. 4. A report was presented from the Traffic Affairs Parking Committee regarding proposed parking restrictions Prohibitions in the 300 block of Crystal Avenue. (64) A letter from Colonel Herring S. Franklin requesting the matter be postponed to February 25, 1980 in order that he may appear was presented. Motion x The proposed parking restriction on Crystal All Ayes Avenue was postponed to March 24, 1980. 5. A report was presented from the Local Coastal Local Planning Advisory Committee regarding the Cstl Ping absence of a member from three consecutive CAC meetings of the Committee. (24) Motion x District 7, Mayor Pro Tem Williams' appointment All Ayes j of Barry Allen was reaffirmed. 6. A letter from Virginia B. Goodenough, President Peninsula of the Balboa Citizens Committee, Mel Fuchs, Park I President of the Balboa Improvement Association (62) and Philo R. Tozer, Owner and Manager of the • Balboa Pavilion requesting Council's permission to appear and state their objections to the removal of the Balboa Bicentennial Bandstand, and enclosing a like petition bearing 792 signatures was presented. Volume 34 - Page 37 COUNCILMEN MINUTES ROLL CALL 9�s ys� F br a 11 1980 INDEX A letter from the Central Newport Beach Community Association was presented expressing its opposi- tion to the removal of the bandstand. A report was presented from the Parks, Beaches and Recreation Director. A letter received after the agenda was printed from James and Georgia Mahoney was presented supporting the previous Council action to remove - the gazebo. Councilman Strauss stated that the people opposing the removal of the gazebo /bandstand had requested that this item be postponed. Motion x The item was postponed to February 25, 1980. All Ayes H. CONSENT CALENDAR: Motion x The following actions were taken as indicated except All Ayes for those items removed: 1. ORDINANCES FOR INTRODUCTION - Introduce and pass to second reading on February 25, 1980: (a) Proposed Ordinance No. 1838, being, AN Parking ORDINANCE OF THE CITY OF NEWPORT BEACH Prohibitions AMENDING SECTION 12.40.055 OF THE 0 -1838 NEWPORT BEACH MUNICIPAL CODE ENTITLED (64) "PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL DISTRICTS PROHIBITED." (A report from the Traffic Affairs Committee) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 9724 amending the list of Disclosure positions designated by the Conflict of of Assets Interest Code as those which require the R -9724 filing of an annual income /asset (66) disclosure statement. (A report from the City Clerk) (b) Removed from the Consent Calendar. (c) Resolution No. 9725 awarding a contract Harbor Isl to John T. Malloy in connection with the Water 6 Harbor Island Water and Sewer Main Sewer Main ! Replacement (C- 2112). (A report from R -9725 i the Public Works Department) (38) (d) Resolution No. 9726 authorizing the St Impry Mayor and the City Clerk to execute an SJH Rd/ Arterial Highway Financing Program Jamboree Project Administration Agreement for R -9726 street improvements for San Joaquin (38) Hills Road and Jamboree Road, free right turn lane. (A report from the Public Works Department) • i i Volume 34 - Page 38 CITY OF NEWPORT BEACH COUNCILMEN MINUTES C 91 7G 22 ROLL CALLC �sT 9 s February 11, 1980 INDEX (e) Resolution No. 9727 authorizing the Mayor St Impry and City Clerk to execute a Right -of -Way SJH Rd/ Certification for street improvements for Jamboree San Joaquin Hills Road and Jamboree Road, R -9727 free right turn lane. (See report with (38) H -2(d)) (f) Resolution No. 9728 authorizing the Mayor St Impry and City Clerk to execute an Arterial W Cst Hwy Highway Financing Program Project Administra- AHFP tion Agreement for street improvements R -9728 for West Coast Highway south side, 57th (38) Street to Balboa Boulevard. (A report from the Public Works Department) (g) Resolution No. 9729 authorizing the Mayor St Impry and City Clerk to execute a Right -of -Way W Cst Hwy Certification for street improvements for R -9729 West Coast Highway south side, 57th (38) Street to Balboa Boulevard. (See report with H -2(f)) (h) Resolution No. 9730 authorizing the Mayor Off -site and City Clerk to execute an Off -Site Parking Parking and Reciprocal Access Agreement Bryant/ between the City of Newport Beach and Hooten David R. Bryant and John P. Hooten, Newport Beach, for required parking spaces in conjunction with a proposed conversion of an existing machine shop to retail space in an existing structure located at 2902 West Coast Highway on Mariner's Mile; zoned SP -5. (A report from the Planning Department) 3. COMPRJNICATIONS - For referral as indicated: (a) Removed from the Consent Calendar. (b) To staff for report back, a letter from Sphere of the Local Coastal Planning Advisory Com- Influence mittee regarding the Beeco property and (21) their request to have the property included in the Newport Beach Sphere of Influence. (Attached) (c) To staff for report back on February 25, a Stop Signs letter from the Corona Highlands Property (81) Owner's Association requesting stop signs on Seaward Road. (Attached) (d) To staff for action, a letter from L. S. Building Ondrasik regarding the alleged code (26) violations under construction at 203 Coral i Avenue, Balboa Island. (Attached) i i Volume 34 - Page 39 CITY QP NEWPORT BEACH COUNCILMEN MINUTES ani rAi\�\ \� \y9 February 11, 1980 INDEX (e) To staff for attendance, a letter from the Annexations 1 Local Agency Formation Commission of Orange (21) County regarding the public hearing on proposed Annexation No. 87 - designated the • County Triangle, on February 13, 1980. (Attached) (f) To staff for reply, a letter from 0. L. Police Dept. Jones, Jr. requesting the return of a .38 (70) caliber gun which was not returned to him by the Police Department after the charges . were dropped. (Attached) 4. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) A copy of a Setter to the Orange County Orange Board of Supervisors from Dennis D. County O'Neil requesting the County to evaluate Airport the VTN Terminal Location Analysis. (58) (Attached) (b) A copy of a letter to the Newport Beach Finance Department from Candace Kay Evans regarding the helpful assistance she received as well as her high opinion of the City's budget document. (Attached) (c) A letter from Mrs. W. Lee Spencer expressing appreciation for the fine efforts of the Newport Beach Police force. (Attached) . (d) A letter of appreciation from Don Culver who was greatly assisted by Newport Beach Fireman Mike Miller following a fire at the Park Newport Apartments in September, 1978. (Attached) (e) A postcard from Emily R. Phillips stating that she is in favor of price marking in markets. (Attached) (f) A letter to the City Clerk from James H. Lyons, attorney for Airport Service, Incorporated regarding an application before the California Public Utilities Commission for an increase in rates. (g) A copy of a letter to the Orange County jl Transportation Commission from the Corona del Mar Chamber of Commerce opposing any widening or additional parking restrictions on Pacific Coast Highway. (Attached) (h) Two letters received January 23 and 30, 1980 from Al King Alfonso Lizanetz. i j Volume 34 - Page 40 COUNCILMEN MINUTES - oy ROLL CALL J February 11 1980 INDEX (i) Preliminary Agenda of the Local Agency Formation Commission of Orange County for February 13, 1980. (j) Annual Report of the California State Board of Equalization for 1979. (On file in the City Clerk's office) (k) Notice of hearing before the Public Utilities Commission of Southern California Edison Company for a rate increase. (1) Agenda of the Board of Supervisors Meetings of January 22, 23, 29, 30, February 5 and 6, 1980. (m) A letter from the Corona del Mar Chamber of Commerce changing the dates for their "Clean -Up Drive" to Saturday, July 19 and Saturday July 26, and stating that it has been confirmed by George Pappas and Wade Beyeler. (Attached) (n) A letter from Rae A. Cohen to Councilman Heather stating that she would no longer be able to serve on the Litter Control Citizens Advisory Committee. (Attached) 5. CLAIMS FOR DAMAGES - For denial and confirmation Claims of the City Clerk's referral of claims to the (36) • insurance carrier: (a) Claim of Elly S. R. E. Leek for personal Leck injuries which were caused when she tripped over a protruding sprinkler on Vista del Oro on October 25, 1979, allegedly the fault of the City. (b) Claim of Louisiana Pacific Corporation Louisiana for property damage to a delivery truck Pacific on November 16, 1979 when a City tree Corporation branch which extended into the street area hit the truck. The location of the accident was 1820 Balboa Boulevard. (c) Claim of Terry Proud for personal injuries Proud sustained when be tripped over a wire on November 20 or 21, 1979 at 315 Santa Ana Avenue where some City workmen were allegedly repairing the sidewalk. .(d) Claim of Mrs. Pamela Jayson, 112 Via i Jayson Palermo, Newport Beach, for property damage to her electrical garage door opener allegedly due to a power failure ! i caused by City construction in the area. Volume 34 - Page 41 I i I • �! •� [d 1 COUNCILMEN � 'C.� 9l, 9G'L2 ROLL CALL , February 11, 1980 MINUTES INDEX (e) Claim of Nancy L. Chapman for personal Chapman injuries on October 13, 1979 when she was involved in a traffic accident at the intersection of Balboa and 8th Street, allegedly due to faulty maintenance of palm trees in the center divider which obstructed the view. (f) Claim of Henry W. Buckingham for property Buckingham damage to his home at 1902 E. Balboa Boulevard when the sewer was being relined and the workmen neglected to tie his line into the sewer which resulted in damage to the carpeting. 6. SUMMONS AND COMPLAINTS - For confirmation of the City Clerk's referral to the insurance carrier: (a) Summons and Cross Complaint of James Pope Pope, guardian for Thomas Pope, Case No. 31 -07 -17 in the Orange County Superior Court in connection with an accident occurring on a State Highway that was allegedly the responsibility of the City to maintain. (b) Summons and Complaint of John Palmer for Palmer personal damages allegedly caused by Newport Beach Police Officers; Case No. 327993 in the Orange County Superior Court. The original claim was for false arrest and imprisonment. 7. REQUEST TO FILL PERSONNEL VACANCIES - For Personnel approval: (A report from the City Manager) Vacancies (66) (a) One Laborer, Field Maintenance Division, to fill a vacant position. (b) One Maintenance Man II, Field Maintenance Division, to fill a vacant position. (c) One Library Clerk II, Library Services Department, to fill a vacant position. (d) One Building Maintenance Man I, Parks, Beaches and Recreation Department to fill a vacant position/ CETA transition slot to regular. (e) Three Groundsman- Gardener II's, Parks, Beaches and Recreation Department to fill vacant positons. (f) One Refuse Crewman, Refuse Division, to fill a vacant position. i i Volume 34 - Page 42 COUNCILAAEN MINUTES ROLL CALL" February 11, 1980 INDEX (g) One Payroll Clerk I, Finance Department, to fill a vacant position. • (h) Four Police Officers, Police Department, to fill vacant positions. (i) Three Police Clerk I's, Police Department, to fill vacant positions. (j) One Building Inspector I, Building Depart- ment, to fill a vacant position. (k) One Secretary, Building Department, to fill a vacant position. (1) One Senior Planner, Planning Department, to fill a vacant position. 8. REPORTS - For Council information and filing: (a) A report from the City Manager regarding Unemployment the financing of Unemployment Insurance. Insurance (Attached) (47) (b) A report from the Planning Department Planning regarding action taken by the Planning Commission Commission at its meeting of January 24, (67) 1980 concerning amendments to Planning Commission Rules of Procedures as they make reference to the "Community Develop- ment Director" and pertaining to partici- pation of individual members in appeals to the City Council. (Attached) (c) A report from the City Librarian regarding Newport the dedication ceremony for Newport Center Center Branch Library. (Attached) Library (50) 9. PUBLIC HEARINGS - None. 10. STREET IMPROVEMENTS SOUTHERLY SIDE OF EAST St Impry COAST HIGHWAY BETWEEN JAMBOREE ROAD AND Coast Hwy AVOCADO AVENUE, (C- 1990)- Acceptance of work (38) on subject project;.authorization to the City Clerk to file a Notice of Completion and to release the bonds 35 days after Notice of Completion has been filed. (A report from the Public Works Department) 11. MAINTENANCE DREDGING HARBOR PERMITS - Approval Harbor of the following maintenance dredging harbor Permits permits, subject to the conditions of approval (51) listed in the.general permit issued to the j Volume 34 - Page 43, i i COUNCILMEN MINUTES � �� ti\tp\ 0,� y RO LL CALL s 'A February 11, 1980 INDEX City by the Corns of Engineers: (A report from the Marine Department) 174 -103 Donald McAnlis, 103 Via Lido Soud 120 -2212 South Coast Ship Yard, 2270 Newport Blvd. 108-2130 Wilfred Vonderahe, 2130 E. Balboa Blvd. 175 -128 L. C. Smull, 128 Via Lido Nord 171 -929 William Lyon, 929 Via Lido Soud 12. HARBOR PERMITS - Approval of Harbor Permit Harbor Applications No. 104 -2015 by Ms. W. Rhodes and Permits Mr. and Mrs. E. F. Smith, 2015 -21 Bayside (51) Drive and 104 -2027 by Mr. L. Vincent and Mr. R. Smith at 2027 -33 Bayside Drive to adjust permit areas and to build two residential floats that do not conform to standard harbor designs; subject to the conditions of approval listed in the staff reports. (A report from the Marine Department) 13. BUDGET AMENDMENTS - For approval: (a) A report from the Finance Director regarding the following mid -year budget adjustments: (Attached) BA -42, $3,340,814.59 increase in Fund Balance, a net increase in Budget Appropri- ations of $144,033.04, and an increase in Revenue Estimates of $3,484,847.63, • General Fund. BA -43, $184,972.17 increase in Fund Balance, a net decrease in Budget Appropri- ations of $65,162.17 and an increase in Revenue Estimates of $119,810.00 Park & Recreation Fund. BA -44, $41,115.00 decrease in Fund Balance, a net decrease in Budget Appropriations of $16,395.00 and a decrease in Revenue Estimates of $57,510.00, Library Fund. BA -45, $100,000.00 decrease in Fund Balance, and an increase in Budget Appropri- ations of $100,000.00, Retirement Fund. BA -46, $32,500.00 decrease in Fund Balance and in Revenue Estimates, State Gas Tax Fund, Section 2107. BA -47, $5,760 decrease in Fund Balance, an increase in Budget Appropriations of $535.00 and a decrease in Revenue Estimates of $5,225.00 State Gas Tax Fund, Section 2106. ! i i Volume 34 - Page 44 h CITY OF NEWPORT BEACH COUNCILMEN MINUTES s� 4'C, v F s ROLL CALL �tP 9�s \ February 11, 1980 INDEX BA -48, $7,000 increase in Fund Balance and -a decrease in Budget Appropriations of $7,000, Arterial Highway Financing Fund. BA -49, $120,000.00 increase in Fund Balance, and in Revenue Estimates, Traffic Safety Fund. BA -50, $59,000..00 increase in Fund Balance, and in Revenue Estimates, Parking Meter Fund. BA -51, $32,525.00 increase in Fund Balance and in Revenue Estimates, Tide and Submerged Lands Fund. BA -52, $150,160.00 increase in Fund Balance, an increase in Budget Appropria- tions and an increase in Revenue Estimates, Building Excise Tax Fund. BA -53, $270,243.68 increase in Fund Balance, and increase in Budget Appropria- tions of $48,451.32 and an increase in Revenue Estimates of $318,695.00, Water Fund. BA -54, $1,810.53 increase in Fund Balance, an increase in Budget Appropriations of $764.47, and an increase in Revenue • Estimates of $2,575.00, Marinapark Fund. BA -55, $13,286.79 return to Fund Balance Unexpended Appropriations of Prior Years Capital Improvement Completed, Various Funds. BA -56, $5,578,566.00 transfer from Unappropri- ated Surplus to Appropriations Reserve, General Fund. BA -57, $296,340.00 transfer from Unappropria- ted Surplus to Appropriations Reserve, Park and Recreation Fund. BA -58, $7,632.00 transfer from Unappropriated Surplus to Appropriations Reserve,. Library I Fund. BA -59, $$6,084.00 transfer from Unappropria- ted Surplus to Appropriations Reserve, State Gas Tax Fund. BA -60, $103,946.00 transfer from Unappropri- ated Surplus to Appropriations Reserve, State Gas Tax Fund. i Volume 34 - Page 45 • • COUNCILMEN �� C9�0 yq�ZZi F� S ROLL CALL �s'� February 11, 1980 MINUTES INDEX BA -61, $23,093.00, transfer from Unappropriat d ated Surplus to Appropriations Reserve, Arterial Highway Financing Fund. BA -62, $123,128.00 transfer from Unappropri- ated Surplus to Appropriations Reserve, Contributions Fund. BA -63, $43,245.46 transfer from Unappropri- ated Surplus to Appropriations Reserve, Capital Improvement Fund. BA -64, $366,737.00 transfer from Unappropri- ated Surplus to Appropriations Reserve, Building Excise Tax Fund. BA -65, $1,380,500.00 transfer from Unappro- priated Surplus to Appropriations Reserve, Future Water Sources Fund. BA -066, $7,703.80 transfer from Unappropri- ated Surplus to Appropriations Reserve, Water System Development Fund. . BA -067, $1,600,115.00 transfer from Unappropriated Surplus to Appropriations Reserve, Water Fund. (b) Current year Budget Amendments: BA -38, $48,000.00 for sewer line replacement on Harbor Island from Unappropriated Surplus to Sewer Main Replacement Program, General Fund. BA -39, $5,320.00 increase in Budget Appropriations; for emergency items for Newport Center Branch Library, from Unappropriated Surplus, Building Excise Tax Fund. BA -040, $5,540.00 increase in Budget Appropriations for purchase of Weather Measuring Equipment, from Unappropriated Surplus to Marine, Equipment, N.O.C., General Fund. BA -41, $4,295.00 increase and transfer of Budget Appropriations and increase in Revenue Estimates ($3,700.00) for purchase of Police Solo Motorcycle to replace motorcycle that was wrecked,,insurance 'company to reimburse, from Unappropriated ) Surplus $3,70.00 and from UCR $595.00 to Police Traffic, Rolling Equipment, j I I General Fund. • I i i Volume 34 - Page 46 CITY OF NEWPORT BEACH COUNCILMEN MINUTES `) fi0 \tai pj, i�O9y 9G 22i ROLL CALL d February 11, 1980 INDEX BA -68, $56,340.00 increase in Budget Appropriations and increase in Revenue Estimates for final contribution by Bank • of Newport for installation of traffic signal at intersection of East Coast Highway and Avocado from Unappropriated Surplus and Donations and Contributions to Traffic Signal - Coast Hwy /Avocado, Contribution Fund. BA -69, $40,000.00 increase in Budget Appropriations and increase in Revenue Estimates for County's share of modification of traffic signals at the intersections of Irvine Avenue and University Drive /Del Mar Avenue and Irvine Avenue at Mesa Drive, from Unappropriated Surplus and Donations and Contributions to Traffic Signal - Irvine /Mesa /University, Contribution Fund. I. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report was presented from the Finance Director One Bank, recommending renewal of the City's banking One Account . services agreement with Security Pacific (38) National Bank for a five -year period from April 1, 1980 through March 31, 1985. on x Resolution No. 9731, authorizing the Mayor and R -9731 Ayes City Clerk to execute an agreement between the City of Newport Beach and Security Pacific National Bank in connection with the City's banking services, was adopted as amended to cover a three -year period. 2. A letter addressed to Mayor Ryckoff from the CHAD Orange County Combined Health Agencies Drive (61) was presented regarding their request for employee solicitation of funds for the CHAD campaign. Tom Haywood, Field Director, California State Combined Health Agencies Drive (CHAD), addressed the Council and asked that the City's employees be given the choice to support CHAD as well as, or instead of, United Way. Motion x The item was postponed to March 10, 1980. All Ayes S. ADDITIONAL BUSINESS: 4 1. A letter was presented from the City of Tiburon Request/ regarding litigation involving that City City of (Agins v. City of Tiburon) wherein the United Tiburon States Supreme Court is to review the decision of (76) the California Supreme Court in which the court struck down the remedy of awarding monetary I' i damages against public entities to property owners claiming that land use regulations deprived • them of the use of their property and ruled that, in such claims, the appropriate remedy was i I Volume 34 - Page 47 CITY OF NEWPORT BEACH COUNCILMEN MINUTES \� �'nOyy9G22 i ROLL CALL\ s \ February 11. 1980 INDEX invalidation of the regulation being attacked. The City of Tiburon asked for support in this litigation, and also stated that it would need funding assistance. Motion x The staff was directed to advise the City of All A -es Tiburon of our support, and up to $1,000.00 in financial support was authorized at the discretion of the City Attorney and the City Manager. 2. A letter from the Corona del Mar Chamber CdM Specific of Commerce was presented requesting that the Area Plan Council direct the Planning Commission to (94) review the Corona del Mar Specific Area Plan, and particularly the portion which pertains to the commercial and contiguous residential property, and to review each proposed development in this area until such time as the review of the Specific Area Plan has been completed. Motion x The Planning Commission was directed to conduct All Ayes a study and hold hearings on the local commercial services and the types of uses permitted in the Corona del Mar area. 3. Modification Application No. 2502 of Ernest Mod 2502 George, a request to permit exterior face lift, (94) alteration to an existing building non - conforming in the following: a) encroaches into the required ten -foot rear yard alley setback, and b) a residential unit on the second floor, which �tion x was approved by the Modifications Committee on 11 Ayes February 5, 1980, -visa called up and referred to the Planning Commission. The Mayor adjourned the meeting at 10:47 p.m. Maydr ATTEST: 1 City Ci Clerk , � r Volume 34 - Page 48 1� i i i i