HomeMy WebLinkAbout02/25/1980 - Regular MeetingCOUNCILMEN
39C�oy9�
ROLL CALL d' 9
CITY OF NEWPORT BEACH
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: February 25, 1980
MINUTES
INDFX
Present
x
x
x
x
x
x
x
A. ROLL CALL.
B. The Minutes of the Regular Meeting of February 11,
etion
x
1980 were continued to March 10, and the Minutes
All Ayes
of the Special Meeting of February 15, 1980
were approved as written and ordered filed.
C. The reading in full of all ordinances and
Motion
x
resolutions under consideration was waived, and
All Ayes
the City Clerk was directed to read by titles
I
only.
D. HEARINGS:
1. In connection with the public hearing for the
Tract 10019
Tentative Map of Tract No. 10019 and the Stipulate
Judgment for the North Ford Planned Community
project, Richard Cannon of The Irvine Company
addressed the Council and stated that they were
agreeable to considering this item later in the
evening.
There being no indication to the contrary, the
Mayor stated that Item D -1 would be considered
later in the evening.
E. ORDINANCES FOR ADOPTION:
.1. Ordinance No. 1838, being,
Parking
Prohibitions
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
0 -1838
•
AMENDING SECTION 12.40.055 OF THE NEWPORT
(64)
BEACH MUNICIPAL CODE ENTITLED "PARKING OF
COMMERCIAL VEHICLES IN RESIDENTIAL DISTRICTS
PROHIBITED,"
was presented for second reading.
Motion
x
Ordinance No. 1838 was adopted.
All Ayes
F. CONTINUED BUSINESS:
1. A letter from Virginia B. Goodenough, President
Peninsula
of the Balboa Citizens Committee, Mel Fuchs,
Park
President of the Balboa Improvement Association
(62)
and Philo R. Tozer, Owner and Manager of the
Balboa Pavilion was presented with a petition
bearing 792 signatures requesting Council's
Permission to appear and state their objections
to the removal of the Balboa Bicentennial
Bandstand.
Virginia Goodenough addressed the Council and
presented additional petitions bearing 456
j
i
i
signatures.
•
I
i
i
Volume 34 - Page 49
i
COUNCILMEN
ROLL CALL
E
Motion
All Ayes
Motion
All Ayes
Motion
All Ayes
•
CITY OF NEWPORT BEACH
MINUTES
February 25, 1980
INDEX
Bicycle
Trails CAC
(24)
CEQAC
(24)
Norman Mattson of Rolly Pulaski 6 Associates,
architects and designers of the original structure
presented plans to the Council and stated that
since the main problem seemed to be the railings,
they proposed constructing them out of metal,
and indicated that the cost of the renovation
would probably not be over $1,000.00.
Don Porter, Executive Director of the Newport
Harbor Area Chamber of Commerce, addressed the
Council and read a statement from the Board of
Directors urging the Council to retain the
Bicentennial Bandstand at Peninsula Park and
stating that the Chamber of Commerce was willing
to combine efforts with the.Balboa Citizens
Committee, the Balboa Improvement Association and
other civic organizations in obtaining funds
to restore the Gazebo as a total community
project.
x
The bandstand is to be retained, the final design
is to be approved by the Parks, Beaches and
Recreation Director, and the donations of the
homeowners and the Chamber of Commerce were
accepted with thanks.
It was agreed that the maintenance aspect of the
bandstand would be reviewed by Council within
six months.
2. Appointments to Citizens Advisory Committees for
a one -year term ending December 31, 1980:
(a) The following actions regarding the
x
Bicycle Trails Citizens Advisory Committee
were confirmed:
1) District 6, Councilman Hummel's
appointment of a member to replace
William Pope was postponed to
March 10.
2) District 7, Mayor Pro Tem Williams'
appointment of a member to replace
Robert L. Newcomb was postponed to
March 10.
(b) Di.^.trict 6, Councilman Hummel's appointment
x
of Robert Weber to the Environmental Quality
Citizens Advisory Committee to replace his
appointee Jeff Georgevich, who is unable to
serve, was confirmed. (A letter from Mr.
Georgevich attached)
i
i
I
iVolume
i
i
34 - Page 50
i
INDEX
Bicycle
Trails CAC
(24)
CEQAC
(24)
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
3'P f �v2
qi J, i� yG2�
F N
ROLL CALL �s'� p�� February 25, 1980 INDEX
Motion
x
(c) The following actions regarding the
Litter
All Ayes
I
Litter Control Citizens Advisory Committee
Control
•
were confirmed:
CAC
(24)
1) District 4, Councilman Heather's
appointment of a member to replace
Rae Cohen was postponed to March 10.
-
2) District 6, Councilman Hummel's
appointment of a member to replace
Gordon Kilmer was postponed to
March 10.
3. .A report was presented from the Planning
Sphere of
Department regarding a request of the Local
Influence
Coastal Planning Advisory Committee that the
(21)
City establish a Sphere of Influence on the
BEECO property in West Newport.
Motion
x
Consideration of establishing a Sphere of
All Ayes
Influence on the BEECO property in West
Newport was postponed to allow discussion
with the City of Costa Mesa and with the land
owner involved.
G. CURRENT BUSINESS:
1. A report was presented from the Public Works
Encroach -
Department regarding the request of Lido Isle
ment /City
Community Association to encroach with a
Property
building four feet onto Lot C, Tract 907
Via San Remo
•
(City -owned bayfront lot at southerly prolongation
(65)
of Via San Remo).
Motion
x
Councilman Strauss made a motion to approve
the request.
Derek Niblo, President of the Lido Isle
Community Association, addressed the Council
in answer to Councilman Heather's question in
connection with the additional condition
imposed by the Planning Commission in granting
Use Permit No. 1925 which states that
only one event a year sponsored by an off -
island person or organization be allowed. Mr.
Niblo explained that the off - island event had
historically been the PTA awards luncheon,
but that this had not been specifically named
and that it had just been left open for one
event, which did not preclude such civic
activities as use for a polling place at
election time.
All Ayes
A vote was taken on Councilman Strauss'
a motion, which motion carried.
i
Volume 34 - Page 51
i
i
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
y�m'A fit,
�9G 22
9%s Tye ss is
ROLL CALL tP 9 February 25, 1980 INDEX
2. A report from the Public Works Department regarding
Stop Signs/
the request of the Corona Highlands Property
Seaward Rd
.
Owners Association for stop signs on Seaward Road
was presented with a copy of the request letter
(81)
from the Corona Highlands Property Owners Associa-
tion dated January 11, 1980.
Robert Peterson, President of the Corona Highlands
Property Owners Association, who presented a
petition signed by sixty -seven residents of
Corona Highlands, and Calvin McLaughlin addressed
the Council and urged installation of the requested
stop signs.
Motion
x
The request for the installation of stop signs
All Ayes
on Seaward Road at Morning Canyon Road and at De
Sola Terrace was granted.
3. A report from the City Manager regarding acquisi-
California
tion of the P. E. right -of -way was presented with
Land Acquired
a report from the Parks, Beaches and Recreation _
/Leased
Director.
(73)
A report received after the agenda was printed
from the West Newport Beach Improvement Association
was presented urging the City to acquire the P. E.
property as soon as possible.
The following people: addressed the Council and
urged acquisition of the property by the City:
Mike Johnson, speaking as Secretary of the West
•
Newport Beach Improvement Association; Ninfa
Jarvis, President of the Newport Shores Community
Association, who presented letters from Barbara
Thibault, Elizabeth J. Johnson, Armand R. Davis,
John A. and Marion T. Ross and Mr. and Mrs.
Wallace Dobbs; David Goff, President of the Lido
Sands Community Association; Louise Greeley, on
the Board of Newport Crest Homeowners Association;
Wally Semeniuk; and Dick Clucas.
Motion
x
Councilman McInnis made a motion to direct the
City Manager to negotiate with the State for the
City acquisition of subject property.
Councilman Hart asked that the motion be amended
to also refer the subject to the Parks, Beaches
and Recreation Commission for input, which amendment
was accepted by the maker of the motion.
Motion
x
Councilman Strauss made a substitute motion to
Ayes
x
x
x
x
continue the item in order to receive input from
Noes
x
x
x
the Parks, Beaches and Recreation Commission,
which motion carried.
j
4. A report was presented from the City Manager
I NIWA
regarding the Newport -Irvine Waste Management
(51)
!
Agency.
•�
I
i
Volume 34 - Page 52
1
I
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
G'�3P �� gc�q� 9GZy
ROLL CALL �J'� 9 February 25, 1980 INDEX
Motion
The City Attorney was directed to give written
Ayes
x
x
x
x
x
x
notice of the City's withdrawal from membership
Noes
x
x
in the Newport -Irvine Waste Management Agency.
H. CONSENT CALENDAR:
Motion
x
The following actions were taken as indicated except
All Ayes
for those items removed:
1. ORDINANCES FOR INTRODUCTION - For introduction
and pass to second reading on March 10, 1980:
(a) Removed from the Consent Calendar.
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 9732 authorizing the
BI Bridge
Mayor and City Clerk to execute a second
Rehabili-
amendment to an existing agreement with
tation
Boyle Engineering Corporation for engineering
R -9732
services in connection with the Balboa
(38)
Island Bridge rehabilitation (C- 2014).
(A report from the Public Works Department)
(b) Resolution No. 9733 awarding a contract
Seal Coat
to Ted R. Jenkins in connection with the
Program
1979 -80 Seal Coat Program, Phase I (C- 2120).
1979 -80
(A report from the Public Works Department)
R -9733
(38)
(c) Resolution No. 9734 appointing election
officers and establishing their compensation,
Election
designating polling places, and providing
R -9734
•
for the opening and closing of the polls
(39)
for the General Municipal Election to be
held on April 8, 1980.
(d) Resolution No. 9735 establishing tow
Police
charges, storage rates and after -hours
Tow Truck
release fees for the Official Police Tow
Service
Truck Services and rescinding Resolution
R -9735
-No. 9703. (A report from the City
(70)
Attorney)
(e) Resolution No. 9736 providing that all
Election
ballots be counted at a central counting
R -9736
place in the April 8, 1980 Municipal
(39)
Election.
3. COMMUNICATIONS - For referral as indicated:
(a) To staff for reply, a letter from Joseph
Police
Moore regarding a ticket he received for
Department
illegal parking. (Attached)
(70)
(b) To the Parks, Beaches and Recreation
Tree
Commission, a letter from John W. Johnson
Trimming
requesting the City change its tree
I Schedules
(62)
Volume 34 - Page 53
1
i
I
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
?ate
ROLL CALL �J 9 February 25, 1980 INDEX
trimming schedule to a time when birds
are not nesting as the present schedule
is reducing our bird population significantly
.
(Attached)
(c) To staff for reply, a letter from Dr.
Request
and Mrs. John H. Payne regarding the
(76)
date selected by the City for Veteran's
Day, and claiming that it is confusing
to the citizens in connection with
rubbish collection days. (Attached)
(d) To staff for reply, a letter from Frank
Mooring
Walker opposing any raise in the mooring
Fees
fees in Newport Harbor. (Attached)
(51)
(e) To staff for reply, a letter from the
Revenue
Voluntary Action Center asking that
Sharing
federal revenue sharing funds be used to
(40)
repair the roof of the City -owned building
which they lease. (Attached)
(f) Removed from the Consent Calendar.
4. COMMUNICATIONS - For referral to the City
Clerk for inclusion in the records:
(a) A letter to Fire Chief Reed from Bud
Holstein, Chairman of the 1980 Crosby
Southern Pro -Am, thanking Paramedics and
every one who gave their time to make
•
"Clambake Week" a huge success. (Attached)
(b) A letter to Mayor Ryckoff from the
Orange County Health Planning Council
regarding issues concerning the Health
Planning Council and attachments that
explain and clarify the issues. (Attached)
(c) A letter from the Orange County Division
of the League of California Cities
regarding proposed mandatory item pricing
legislation. (Attached)
(d) A letter from the State Controller
regarding Highway Users Taxes and showing
Newport Beach's proportionate share
based on population of 65,100 to be as
follows: Motor Vehicle License Fee ( "In-
Lieu") - $1,161,100; 1980 -81 Fiscal
Year, Sec. 2106 - $338,900; Sec. 2107 -
$287,300; Sec. 2107.5 - $7,500; and
Revised 1979 -80 F.Y. Sec. 2106 - $333,600.
(e) Preliminary Agenda of the Local Agency
Formation Commission of Orange County
for February 27, 1980.
•
I
I
i
.
Volume 34 - Page 54
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
\\
ROLL CALL \3i1'� p February 25, 1980 INDEX
'
I
(f) Agenda of the Board of Supervisors
Meetings of February 13, 14, 19 and 20,
1980.
•
I
(g) A letter dated February 14, 1980 from Al j
"King Alfonso" Lizanetz.
(h) Notice of hearing before the Public
Utilities Commission of the application
of Richard A. Gregory, an individual,
dba Sunset Coast Bus Lines, for authority
to operate as a passenger stage corporation
in a home -to -work service between points
in Orange County and the Garrett AiResearch
Facility in Torrance.
(i) A copy of a letter to The Irvine Company
in response to a full page ad in the
Pilot on February 13, 1980 from Louise
Brazelton regarding the present Council
administration. (Attached for Council)
5. CLAIMS FOR DAMAGES - For denial and confirmation
Claims
of the City Clerk's referral of claims to the
(36)
insurance carrier: I
(a) Claim of Mark L. Fahey for property
damage to his vehicle on January 31,
Fahey
1980 when the front wheels of his automobile
dropped into a pot hole near 3500
Irvine Avenue and the inside wall of the
•
tire was slashed and the rim bent.
(b) Claim of Mr. and Mrs. William Helm for
Helm
damages due to the death of their son,
Robert C. Helm., who was driving a vehicle
on Pacific Coast Highway at or near the
intersection of Newport Center Drive on
October 6, 1919 and the streets and
highways were allegedly in a wet and
dangerous slippery condition causing his
I
vehicle to roll over.
6. SUMMONS AND COMPLAINTS:
For confirmation of the City Clerk's referral
I
to the City Attorney:
i
(a) Summons and Complaint of Associated
Associated
j
I
Indemnity Corporation for damages to the
Indemnity
residence of their assureds, Donald
Starling and Helen Starling, Case No
32 -74 -72 in the Orange County Superior
Court. The original claim was for
damages allegedly due to a deterioration
of the City's water system.
I
•
i
i
Volume 34 - Page 55
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
\¢ �� �C,
?o�� ���
F 9 0�
ROLL CALL` February 25, 1980 INDEX
(b) Summons and Complaint of The Roll Company
Roll Co/
and Aetna Life Insurance Company for
Aetna Life
Compensation for the Taking of Private
•
Property for Public Use, for Denial of
Equal Protection of the Laws, for Denial
of Due Process of Law, for Violations of
United States Code Title 42, Sections
1983 and 1985, and for Punitive and
Exemplary Damages, Case No. 80 -00510 in
the United States District Court, Central
District of California.
For confirmation of the City Attorney's
referral to the County Counsel and authorization
for the County Counsel to appear and defend
the interests of the City of Newport Beach in
this proceeding:
(c) Summons and Complaint of International
IBM.
Business Machines Corporation for Recovery
of Property Taxes (California Revenue
and Taxation Code Section 5140 et seq.),
Case No. 32 -02 -54 in the Superior Court
of Orange County.
7. REQUEST TO FILL PERSONNEL VACANCIES - For
approval: (A report from the City Manager)
(a) Two Emergency Equipment Dispatchers,
Police Department, to fill vacant positions.
•
(b) One Library Clerk I, Library Services
Department, to fill a vacant position.
8. REPORTS - For Council information and filing:
(a) A progress report from the City Arts
City Arts
Commission regarding the summer concert.
Concert
(Attached)
(24)
9. WEST COAST HIGHWAY IMPROVEMENTS (SOUTH SIDE)
Coast Hwy
57TH STREET TO BALBOA BOULEVARD (C -2062) -
57th /Balboa
approval of the plans and specifications;
(38)
and authorization to the City Clerk to advertise
for bids for Contract No. 2962 to be opened
at 2:30 p.m. on Thursday, March 13, 1980. (A
report from the Public Works Department)
10. RESUBDIVISION NO. 588 - Acceptance of the
Resub 588
public improvements constructed in conjunction
(84)
with Resubdivision No. 588 on property located
on the northwesterly corner of Birch Street
and Von Karman Avenue in Roll Center Newport;
and authorization to the City Clerk to release
the Faithful Performance Bond (Bond No. L05-
031403), and to release the Labor and Material
Bond (Bond No. L05- 031403) in six months
provided no claims have been filed. (A report
ifrom
the Public Works Department)
•
i
Volume 34 - Page 56
I
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
ROLL CAL L\ 1P February 2S_ IgAn INDEX
11. HARBOR PERMIT - Approval of Harbor Permit
Harbor
Application No. 124 -3320 of Bahia Condominium
Permits
•
Association to revise an existing group of
floats at 3320 Via Lido Drive, subject to
(51)
the conditions listed in the staff report.
(A report from the Marine Department)
12. JUSTICE SYSTEM IMPROVEMENT ACT OF 1979 -
Police
Approval of the transmittal of a letter of
Department
intent to join with the County of Orange and
(70)
the other entitlement jurisdiction cities to
create one single countywide entitlement
ijurisdiction
under the Justice System Improvement
Act of 1979. (A report from the Chief of
Police)
13. BUDGET AMENDMENTS - For approval:
BA -071, $115,000.00 increase in Budget Appropria-
tions for purchase of property on Tustin
Avenue, from Unappropriated Surplus, General
Fund.
BA -072, $50,000.00 increase in Budget Appropria-
tions for legal services for Roll litigation,
from Unappropriated Surplus to City Attorney,
Services - Prof., Technical, etc., General
Fund.
I. ITEMS REMOVED FROM THE CONSENT CALENDAR:
•
1. A report was presented from the City Attorney
Election/
_.
in connection with a proposed ordinance which
Campaign
would be an amendment to the Campaign Contributions
Statements
Ordinance regarding the effective date of
(39)
Ordinance No. 1835 - contributions by major
campaign contributors and disqualification of
City Council vote.
Motion
Councilman Heather made a motion to direct
x
the City Clerk to prepare a check list for
the Council Candidates and Councilmen listing what
the legal do's and don'ts are as far as the
ordinances that have been adopted.
Motion
x
Councilman Hummel made a substitute motion to
Ayes
x
x
x
x
x
introduce the proposed ordinance, which
Noes
x
x
motion carried, and the following ordinance
was introduced and passed to second reading
on March 10, 1980:
Proposed Ordinance No. 1839, being, AN ORDINANCE
0 -1839
OF THE CITY OF NEWPORT BEACH ADDING SECTION
1.25.075 TO THE NEWPORT BEACH MUNICIPAL CODE
ESTABLISHING THE DATE AFTER WHICH CONTRIBUTIONS
i
j
BY MAJOR CAMPAIGN CONTRIBUTORS WILL BE COVERED
BY SECTION 1.25.065 OF THE NEWPORT BEACH
MUNICIPAL CODE.
•
j
I
i
Volume 34 - Page 57
i
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
�y ti �,� �C,
ROLL CALL\ ��� 9 February 25, 1980 INDEX
i
.2. A letter from "Concerned Persons for the Preserva-
Vacation/
tion of the Acacia Easement" was presented with
Acacia St
a copy of a petition bearing 152 signatures and
(90)
•
letters to the Board of Supervisors protesting
the vacation of Acacia Street and asking the
City Council to reconsider its action taken on
November 12, 1979 regarding the vacation of a
portion of Acacia Street.
Motion
x
Councilman Hart made! a motion to refer to staff
for reply.
The following people addressed the Council and
opposed the abandonment of the Acacia Street
easement: Irma Batham, Nick Pappas and Bill
Carpenter.
Motion
x
Mrs. Batham was granted two additional minutes
All Ayes
for her presentation.
Motion
x
Councilman Hummel made a substitute motion to
direct the staff to investigate the requirements
upon the City for having an environmental report
in such an instance as this vacation, and whether
or not we have moved within the law in this
abandonment, and report back to Council.
Mayor Pro Tem Williams asked that•the motion be
amended to include an examination of the adequacy
of the posting in the report, which amendment
was accepted by the maker of the motion.
01S
x
x
x
x
x
A vote was taken on Councilman Hummel's motion,
Noes
x
x
which motion carried..
Agenda Item D -1 was heard at this time as agreed at
the beginning of the meeting.
D. HEARINGS:
1. Tentative Map of Tract 10019, a request of The
Tract 10019
Irvine Company to subdivide $0.5+ into seven (7)
lots for industrial /office development, one (1)
lot for commercial development and two (2) lots
for further subdivision into residential lots in
the North Ford Planned Community; and the
acceptance of an Environmental Document; on
property bounded by the extension of Bison
Avenue, Camelback Street and Jamboree Road at
the extension of Eastbluff Drive and MacArthur
Boulevard; zoned P -C.
A report was presented from the Planning Depart-
ment.
A letter dated February 5, 1980 from The Irvine
i
Company was presented.
•
Volume 34 - Page 58
I
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
\
� 9G ZZ/
ROLL CALL �' \ February 25. 1480 INDEX
The Stipulated Judgment regarding North Ford
Planned Community project was presented.
•
,
Richard Cannon, representing The Irvine Company,
addressed the Council and stated that they were
ready to proceed on the basis of the Stipulated
Agreement; that they understood that there was a
problem regarding the relationship of residential
with industrial; that it was their understanding
that the industrial was to proceed in front of
the residential, and that they planned to
develop the property in accordance with the
adopted General Plan and the Stipulated Agreement.
Motion
x
Mr. Cannon was granted two additional minutes
All Ayes
for his presentation.
Motion
x
Councilman Strauss made a motion to postpone
action on the Stipulated Judgment to March 10.
Motion
x
Mayor Ryckoff made a substitute motion to adopt
Resolution No. 9737 approving the Agreement and
Stipulated Judgment resolving the litigation
between The Irvine Company and the City over the
disapproval of Tentative Tract 10019, as amended
to incorporate approximate language to explain
"not later than eighteen months from completion
of industrial buildings."
Motion
x
Councilman Strauss made a substitute motion to
adopt Resolution No. 9737 approving the Agreement
R -9737
•
and Stipulated Judgment resolving the litigation
between The Irvine Company and the City over the
disapproval of Tentative Tract 10019, as amended
to state that when the building of six - sevenths
of the industrial buildings had been completed
the time would begin running, and eighteen
months from that time residential construction .
shall begin on the property.
Mayor Ryckoff asked that the motion be amended
regarding the completion of the industrial
buildings to refer to completion of six - sevenths
of the square footage in the industrial buildings,
which amendment was accepted by the maker of the
motion.
Councilman Strauss asked Mr. Cannon if this
would resolve the law suit, and Mr. Cannon
replied that it would.
Ayes
x
I
x
x
x
x
x
A vote was taken on Councilman Strauss' amended
Noes
x
motion, which motion carried.
Mayor Ryckoff opened the public hearing regarding
I
Tentative Map of Tract No. 10019.
Volume 34 - Page 59
i i
i
CITY OF NEWPORT BEACH
jW MINUTES
ani i February 25. 1980 INDEX
.---- -- - --
Motion
x
The hearing was closed after it was determined
All Ayes
that no one desired'. to be heard.
ion
x
The Environmental Document was accepted; the
1 Ayes
Tentative Map of Tract No. 10019 was approved,
subject to the findings and conditions of
approval as set forth in the staff report and
the Settlement Agreement; and the finding was
made that the intent of General Plan Amendment
79 -1 concerning phasing is,satisfied by the
Settlement Agreement.
Mayor Ryckoff adjourned the meeting at 10:00 p.m.
Mayg
ATTEST:
City Clerk
i
Volume 34 - Page 60
•
�
i