HomeMy WebLinkAbout03/24/1980 - Regular MeetingCOUNCILMEN
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G
REGULAR
Place:
COUNCIL MEETING
Council Chambers
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A. ROLL CALL.
Time:
7:30 P.M.
ROLL CALL U'
Date:
March 24, 1980
MINUTES
flffow.1
Present
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A. ROLL CALL.
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B. The reading of the Minutes of the Regular Meeting
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of March 10, 1980 was waived, and the Minutes were
approved as written and ordered filed.
Motion
C. The reading in full of all ordinances and resolu-
Ayes
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x
X
x
x
x
x
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 regarding
General
General Plan Amendment 80 -1, a request initiated
Plan
by the City of Newport Beach to consider proposed
(45)
amendments to the Land Use, Residential Growth,
and Recreation and Open Space Elements of the
General Plan, and the acceptance of an Environ-
mental Document (GPA 80 -1).
A report was presented from the Planning Department
Keith Greer of The Irvine Company addressed the
Council regarding the Company's letter of
February 1, 1980 and asked that the existing
definition of "buildable acreage" be maintained.
Chuck Woodland, representing the Chevron Station
location referred to in General Plan Amendment
80 -1 (a), addressed the Council and stated he was
present to answer any questions.
*n
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The hearing was closed after it was determined
Ayes
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x
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that no one else desired to be heard.
The Council agreed to take a straw vote on the
various components of General Plan Amendment
80 -1, as follows: ,
Motion
x
GPA 80 -1(a) Chevron Service Station - "Retail
Ayes
x
X
x
x
X
x
x
and Service Commercial," as
recommended by the Planning
Commission, was approved.
Motion
x
GPA 80 -1(b) Freeway Reservation East - ','Low -
Ayes
x
x
x
x
Density Residential," as recommended
No
x
by the Planning Commission, was
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approved.
Motion
x
GPA 80 -1(c) Buildable Acreage -
Mayor Pro Tem Williams made a
motion to approve the Planning
Commission recommendation to add
policy language to allow deletion
of flood plain areas and coastal
bluffs and bluff setback areas
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during discretionary review.
Volume 34 - Page 70
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COUNCILMEN MINUTES
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y Rp ROLL CALL 'P March 24. 1980 InInFY
Motion
x
Councilman Hart made a substitute
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x
x
x
motion to approve the Planning
x
x
x
Commission recommendation to add
policy language to allow deletion
of flood plain areas only during
discretionary review, which motion
carried.
Motion
x
GPA 80 -1(d) Location of Structures - The Plan -
Ayes
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x
x
x
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ning Commission recommendation, as
modified to add to the policy on
areas where no structures shall be
built - flood plain areas only in
unsubdivided parcels, and on
natural slope areas greater than 2:1
and greater than twenty -five feet
high, was approved.
Motion
x
GPA 80 -1(e) Master Plan of Bikeways - The
Ayes
x
x
x
x
x
x
Planning Commission recommendations
Noes
x
were approved as follows:
1) Add a backbone bikeway on the
westerly side of MacArthur
Boulevard from Ford Road to
the northerly City boundary.
2) Add secondary bikeways:
a) Bison Avenue from Jamboree
Road to MacArthur Boule-
vard.
b) Santa Barbara Drive from
Jamboree Road to Newport
Center Drive West.
C) San Miguel Drive from
MacArthur Boulevard to
San Joaquin Hills Drive.
d) Versailles Blufftop Bike-
way from Superior Avenue
to Coast Highway at New-
port Boulevard.
e) Placentia Avenue from
Superior Avenue to north-
erly City boundary near
16th Street. A connecting
trail should be shown in
Costa Mesa.
Motion
x
The Environmental Document was accepted with the
Ayes
x
x
x
xlx
x
x
following findings -
a) That an Initial Study and Negative Declaration
have been prepared in compliance with the
California Environmental Quality Act, and that
their contents have been considered in the
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decisions on this project;
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Volume 34 - Page 71
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
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ROLL CALL ` ��� March 24. 1980 INDEY
b) That based on the information contained in the
Negative Declaration, the project incorporates
•
sufficient mitigation measures to reduce poten-
tially- significant environmental effects, and
that the project will not result in significant
environmental impacts:
and
Resolution No. 9746, approving amendments to
the Land Use, Residential Growth, and Recre-
ation and Open Space Elements of the General
Plan, and the acceptance of an Environmental
Document (GPA 80 -1), was adopted.
E. ORDINANCES FOR ADOPTION: None.
F. CONTINUED BUSINESS:
1. Appointments to Citizens Advisory Committees for a
one -year term ending December 31, 1980:
Motion
x
(a) The following actions regarding the Bicycle
Bicycle
Ayes
x
x
x
x
x
x
x
Trails Citizens Advisory Committee were
Trails CAC
confirmed:
(24)
1) District 6, Councilman Hummel's appointment
of a member to replace William Pope was
postponed to April 14.
2) District 7, Mayor Pro Tem Williams'
appointment of a member to replace
Robert L. Newcomb was postponed to
further notice.
Motion
x
(b) The following actions regarding the Litter
Litter
Ayes
x
x
x
x
x
x
x
Control Citizens Advisory Committee were
Control CAC
confirmed:
(P4)
1) District 4, Councilman Heather's appoint -
ment of a member to replace Rae Cohen was
postponed to April 14.
2) District 6, Councilman Hummel reappointed
Gordon Kilmer.
2. A report dated January 21, 1980 was presented from
Parking
the Traffic Affairs Committee regarding proposed
Restricted
parking restriction in the 300 block of Crystal
Zones
Avenue on Balboa Island.
(64)
Bob Millar addressed the Council and stated that he
had spoken that afternoon with the property owners
and occupants abutting the area in consideration,
and they would all like the item removed to allow
them to resolve the problem under a friendly neigh-
borhood agreement.
on
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The item was tabled.
xxx
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COUNCILMEN MINUTES
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ROLL CALL S' March 24, 1980 INDEX
3. A report was presented from the Parks, Beaches and
Property
Recreation Director regarding acquisition of the
Acquired
•
P.E. right -of -way by the City.
(73)
Letters urging acquisition of the P.E. right -of -way
by the City were presented from the Balboa Coves
Community Association, Lido Sands Community Associa-
tion and from Gerta Farber.
Motion
x
Mayor Ryckoff made a motion to direct the City Mana-
ger to commence negotiations with the State to
determine the lowest price and terms on which the
State will sell the subject property and to report
back to the City Council with recommendations on
financing.
Jack Cook addressed the Council and presented a
letter, which he read in full, from the Newport Crest
Homeowners Association supporting purchase of the
property for an approximate amount of $650,000 with
the property to be kept as open space.
Wally Semeniuk addressed the Council and urged acqui-
sition of the property by the City. In response to
a question by Council, Mr. Semeniuk stated that he
felt the purchase price should be between $600,000
$675,000.
Ayes
x
x
x
x
x
x
x
A vote was taken on Mayor Ryckoff's motion, which
motion carried.
_
4. A letter dated January 7, 1980 was presented from
Annexations
the Local Coastal Planning Advisory Committee asking
(21)
the City to petition the Local Agency Formation Com-
mission to officially place all lands in West Newport
presently surrounded by the City boundary (including
Beeco property) within the Sphere of Influence of
the City of Newport Beach.
A letter from Beeco, Ltd. expressing concern over the
City's Charter provisions prohibiting oil operations
within its City limits and calling attention to the
fact that much of the Beeco land is a producing oil
field, and also reviewing other uses proposed for
this land.
Margot Skilling, President of the West Newport
Improvement Association, addressed the Council in
support of bringing the Beeco property into the
City's Sphere of Influence.
Motion.
x
The staff was directed to request the Local Agency
Ayes
x
x
x
K
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X
x
Formation Commission to review Newport Beach's
Sphere of Influence as it might apply to the Beeco
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property.
Volume 34 - Page 73
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COUNCILMEN MINUTES
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ROLL CALL March 24, 1980 INDEX
G. CURRENT BUSINESS:
,ion
x
1. A report was presented from the Marine Department
Racing Buoys
Ayes
x
x
x
x
x
x
2
regarding the application of the Newport Harbor Yacht
(51)
Club for the installation of five (5) Racing buoys
within the City limits in the vicinity of Santa Ana
River entrance.
The application was approved, subject to the condi-
tions listed in the staff report.
2. A letter from Julius V. Evans was presented asking
Off -Site
Council to reconsider its action taken on March 10
Parking/
recommending the installation of a block wall in con-
Evans
nection with the off -site parking agreement at 329
(38)
and 331 Marigold in Corona del Mar.
Mayor Ryckoff stated that Mr. Evans had advised that
he would not be able to attend the meeting due to
illness and had asked that this item be postponed.
Motion
x
The item was postponed to April 14 in accordance
Ayes
x
x
x
x
x
x
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with request by applicant.
H. CONSENT CALENDAR:
The following actions were taken as indicated except for
those items removed:
1. ORDINANCES FOR INTRODUCTION: None.
_
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 9747 designating an intersection
Stop
at which vehicles are required to stop and
Signs
directing the Traffic Engineer to erect neces-
R -9747
sary stop signs (Bayview Drive at Iris Avenue).
(81)
(A report from the Public Works Department)
(b) Resolution No. 9748 designating an intersection
Stop
at which vehicles are required to stop and
Signs
directing the Traffic Engineer to erect neces-
R -9748
sary stop signs (Carnation Avenue at Fourth
(81)
Avenue). (A report from the Public Works Depart-
ment)
(c) Resolution No. 9749 awarding a contract to
WC Hyw
Fleming Engineering, Inc. in connection with Wes
Improv.
Coast Highway Improvements (south side) from
C -2062
57th Street to Balboa Boulevard (C- 2062). (A
R -9749
report from the Public Works Department)
(38)
(d) Resolution No. 9750 authorizing the Mayor and
City Clerk to execute a License Agreement betweet
Arts
the City of Newport Beach, The Irvine Company,
Festival
the Taubman Company and Fashion Island Merchants
C -2165
Association for the 1980 City Arts Festival. (A
R -9750
report from the City Arts Commission)
(38)
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Volume 34 - Page 74
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COUNCILMEN MINUTES
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ROLL CALL �d'� March 24, 1980 1WnFr
(e) Resolution No. 9751 setting forth the
PB &R
permission of the City Council of the City
Oasis
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of Newport Beach to Friends of Oasis to
R -9751
apply for Title III -B funds from the Federal
(62)
Department of Health, Education and Welfare
(HEW) for improvements to the Oasis Center
and for the acquisition of motor vehicles to
be used by Friends of Oasis, Inc. (A report
from the Parks, Beaches and Recreation
Director)
(f) Resolution No. 9752 authorizing the letting
General
of a contract to remove debris from the
Services
beaches of Newport Beach without advertising
C -2168
for bids and authorizing the City Manager to
R -9752
execute such a contract on behalf of the
(38)
City. (A report from the General Services
Director)
(g) Resolution No. 9753 authorizing the Mayor
Newport 'Pier
and City Clerk to execute an extension to
C -1901
the Newport Pier Concession Lease Agreement
R -9753
between the City of Newport Beach and Wolfgang
(38)
and Erika Merting. (A report from the City
Manager)
(h) Resolution No. 9754 authorizing the Mayor
Lifeguard
and City Clerk to execute an agreement
Services
between the City of Newport Beach and Orange
C -2166
County Harbors, Beaches and Parks District
R -9754
for the City to provide lifeguard services
(38)
at the County -owned Santa Ana River Jetty
Beach. (A report from the Marine Department)
(i) Removed from the Consent Calendar.
(j) Resolution No. 9755 awarding a contract for
TransCon
comprehensive public liability insurance
Ins.
coverage to Transcontinental Insurance
C -2167
Company. (A report from the City Manager)
(38)
3. COMMUNICATIONS - For referral as indicated:
(a) To staff for reply, a letter from Mr. Jack
(62)
Nelson opposing the possibility of making a
parking area of West Newport Park. (Attached)
(b) To the Police Department, the Traffic Engineer
(51)
and the Marine Department for report back, a
letter from the Parks, Beaches and Recreation
Director regarding small boat launching at
18th and Bay. (Attached)
4. COMMUNICATIONS - For referral to the City Clerk
for inclusion in the records:
(a) A letter from Los Angeles Federal Savings
concerning some of the reasons that Orange
County Airport grew into a regional airport
I
instead of remaining as a local airport.
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(Attached)
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Volume 34 - Page 75
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
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ROLL CALL S' March 24. 1980 trunFY
(b) Notice of filing application for a rate
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change before the Public Utilities Commissio
by the Southern California Edison Company.
(c) Notice of filing application and advice
letter before the Public Utilities Commissio
by Southern California Gas Company to adjust
rates resulting from increased costs from
their suppliers of natural gas.
(d) Agenda of the Board of Supervisors Meetings
of March 11, 12, 18 and 19, 1980.
(e) A letter from Gilbert W. Ferguson objecting
to Council's authorization to the City
Manager and City Attorney, at their discre-
tion, to make a gift of $1,000 of tax monies
to the City of Tiburon with a reply by the
Mayor. (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 Richard S. Hamilton for personal
Hamilton
injuries allegedly caused by Police Depart-
ment personnel during the months of Septembe
through December, 1979.
(b) Claim of Wayne Connolly for personal injuriei
allegedly caused by Police Department person-
Connolly
nel during the months of September through
December, 1979.
(c) Claim of Linda, Nancy and Jeff Alexander for
the accidental death of John Alexander on or
Alexander
about December 22, 1979 who was hit by a car
as he crossed the street at Via Lido Soud
and Via Lorca, allegedly the accident hap -
pened because of poor street lighting.
(d) Claim of Geoffrey L. Hyde for property
damage when his car dropped into an uncov-
Hyde
ered manhole which allegedly was the result
of a flooded sewer which had lifted the
manhole cover at Dover Drive and Coast
Highway during a recent storm on February 20
1980.
(e) Claim of Newport Harbor Chamber of Commerce
Newport
for reimbursement of costs incurred for
Harbor
allegedly unnecessary petitioning.
Chamber Com.
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Volume 34 - Page 76
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
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ROLL CALL � March 24. 1980 INDEX
6. SUMMONS AND COMPLAINTS - 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:
(a) Summons and Complaint of Carter Hawley
Carter
Hale Stores, Inc., a California Corporation,
Hawley Hale
dba Broadway Department Stores for
dba Broadway
Recovery of Property Taxes (California
Dept. Stores
Revenue and Taxation Code Section 5140
et se q.) (A report from the City Attorney)
7. REQUEST TO FILL PERSONNEL VACANCIES - For
Personnel
approval: (A report from the City Manager)
Vacancies
(a) One Accounting Cashier, Finance Department,
to fill a vacant position.
(b) One Traffic Engineering Technician,
Public Works Department, to fill a
vacant position.
(c) One Typist Clerk II, Nondepartmental, to
fill a vacant position.
(d) One Equipment Mechanic I, General Services,
to fill a vacant position.
(e) Two Equipment Serviceworkers, General
Services, to fill two newly created
positions.
(f) Two Police Officers, Police Department,
to fill vacant positions.
(g) One Police Sergeant, Police Department,
to fill a vacant position.
8. REPORTS FROM STAFF - None.
9. PUBLIC HEARING SCHEDULING - None.
10. LIDO ISLE SEWER FORCE MAIN (C -2108) - Approval
Lido Isle
of the plans and specifications; and authorize-
Sewer Force
.tion to the City Clerk to advertise for bids
Main C -2108
to be opened at 10:00 a.m. on April 16, 1980.
(38)
(A report from the Public Works Department)
11. TRAFFIC SIGNAL IMPROVEMENTS AT NEWPORT CENTER
DRIVE AND FARALLON DRIVE /GRANVILLE LANE -
NCtr /Farallon
Acceptance from The Irvine Company of the
/Granville
traffic signal and safety lighting located at
Resub 465
the intersection of Newport Center Drive and
(84)
Farallon Drive /Granville Lane. (A report
I
from the Public Works Department)
Volume 34 Page
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CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
ROLL CALL d' March 24, 1980 INDEX
12. ROLL COMPANY LAWSUITS - For approval of
Koll Co.
Memoranda of Agreement with the law firm of
(38)
Rutan & Tucker regarding representing the
.
City of Newport Beach in Koll v. City of
Newport Beach (Orange County Superior Court
Case No. 32- 68 -76); the Koll Company v. City
of Newport Beach (U. S. District Court Case
No. 80 -00510 RMT (Kx)); Olive Davis, et al.
v. City of Newport. Beach (Orange County
Superior Court Case No. 32- 95 -85). (Attached)
13. BUDGET AMENDMENTS - For approval:
BA -075, $720.68 increase in Budget Appropria-
tions and increase in Revenue Estimates for
purchase of projector and cassettes from
contribution from Friends of Newport Beach
Public Library, from Unappropriated Surplus
and Donations and Contributions to Library,
Equipment, N.O.C., Library Fund.
BA -076, $16,O00.00 increase in Budget Appropria-
tions for construction of water main portion
of Bayside Drive cooperative project, from
Unappropriated Surplus and Appropriations
Reserve to Water Main Replacement Program,
Water Fund. (A report from the Public Works
Department)
BA -077, $9,000.00 increase in Budget Appropria-
tions and increase in Revenue Estimates for
the increased engineering and construction
cost for the County's portion of West Coast
Highway street improvements s /aide 57th
Street to Balboa Boulevard, from Unappropriated
Surplus and Donations and Contributions,
Arterial Highway Financing Fund. (See report
from Public Works with Agenda item H -2(c))
BA -078, $42,000.00 increase in Budget Appropria=
tions for completion of funding for West
Coast Highway street improvements from 57th
Street to Balboa Boulevard, from Unappropriated
Surplus and Appropriations Reserve, State Gas
Tax (2106) Fund. (See report from Public
Works with Agenda item H -2(c))
I. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A report was presented from the License
Rhine Wharf
Supervisor regarding the application of
Park Boat
H. W. Copenhagen to launch a vessel over
Launching
Rhine Wharf Park seawall March 27, 1980.
R -9756
(51)
The City Manager stated that there was no
crane available to launch the vessel on
March 27 and that the launching date would
have to be changed to April 3.
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Volume 34 - Page 78
COUNCILMEN
ROLL CALL
Motion
If
Motion
Ayes
Motion
�on
Noes
Abstain
Ayes
Noes
Abstain
91
CITY OF NEWPORT BEACH
MINUTES
ltarch 24, 1980
INDEX
R -9756
Municpl.
Election .
R -9757
(39)
SCAG 208
Program
(61)
x
Resolution No. 9756, designating Rhine Wharf
x
x
x
x
x
Park as an authorized boat launching and
•
x.
hauling site for April 3, 1980 (H. W. Copen-
hagen), was adopted.
Richard Goehring, owner of Brett Walker Jewelry
in Fashion Island addressed the Council regarding
the recent robbery of his store and asked for
additional police protection for the Fashion
Island area.
The City Manager is to report back to Council at
the Study Session on April 14.
J. ADDITIONAL BUSINESS:
x
1. Resolution No. 9757, ordering the canvass of the
•
x
x
x
x
x
x
General Municipal Election to be held on the 8th
day of April, 1980, to be made by the City Clerk
of the City of Newport Beach, was adopted.
2. A report was presented from the City Manager
regarding the Draft 208 Continuing Planning
Program.
x
Mayor Ryckoff made a motion directing that his
draft letter to SCAG (Southern California Associa-
tion of Governments) regarding the program be sent
as drafted.
x
Councilman Hart made a substitute motion to modify
x
x
x
the letter by deleting from the second paragraph
•
x
x
the sentence, "The City views SCAG's role as a
x
"pass- through, "" and from the fifth paragraph, the
word "Again" at the beginning of the last para-
graph, which motion failed to carry.
•
x
x
x
x
A vote was taken on Mayor Ryckoff's motion, which
x
motion carried.
x
Mayor Ryckoff declared the meeting adjourned at
9:20 p.m.
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City Clerk F-
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Volume 34 Page 79
INDEX
R -9756
Municpl.
Election .
R -9757
(39)
SCAG 208
Program
(61)