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HomeMy WebLinkAbout10/27/1980 - Regular MeetingPresent Motion A ,*Ayes Motion All Ayes 0 Motion All Ayes Motion All Ayes X1 xi xi xixix Ix MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: October 27, 1980 A. ROLL CALL. B. The reading of the Minutes of the Regular Meeting of October 14, 1980 was waived, and the Minutes were approved as written and ordered filed. C. The reading in full of all ordinances and resolu- tions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Heather opened the public hearing regarding Ordinance No. 1870, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 20.74 TO THE NEWPORT BEACH MUNICIPAL CODE REGULATING ADULT ENTERTAINMEN BUSINESSES, Planning Commission Amendment No. 551, a request initiated by the City of Newport Beach to consider an amendment to Chapter 20 of the Newport Beach Municipal Code establishing land use regulations pertaining to the operation and location of adult entertainment uses within the City of Newport Beach, and the acceptance of an Environmental Document. A report was presented from the Planning Depart- ment. Mayor Heather closed the public hearing. The Environmental Document was accepted and Ordinance No. 1870 was modified and reintroduced and passed to second reading on November 10, 1980. E. ORDINANCES FOR ADOPTION: None. F. CONTINUED BUSINESS: 1. A report was presented from the Planning Department regarding adoption of a resolution providing for thi creation of a Local 208 Planning Advisory Group in connection with the approved 208 /SCAG Cooperative Agreement, Upper Newport Bay Sedimentation Control Planning, with the City of Irvine. Resolution No. 9903 was adopted establishing a Local 208 Planning Advisory Group and setting forth the duties and responsibilities thereof; staff was directed to publish display ad requesting applica- tions from private citizens, representatives of public interest groups, public officials and economic interests; for appointments to be made jointly with the Mayor of the City of Irvine at the Council meeting of November 10. V I I I I I Volume 34 - Page 258 P/C Amnd 551 0 -1870 (44 ) Local 208/ Ping Adv Grp (51) R -9903 Motion x 2. (District 4) Mayor Heather's appointment of Robert CAC All Ayes Hopkins to the Environmental Quality Citizens (24) Advisory Committee to fill the unexpired term of Seth M. Oberg, ending December 31, 1980, was • confirmed. 3. A report was presented from the Assistant to the Library Agmt City Manager regarding the proposed Library C /Com College Services Agreement with Coastline Community College C -2220 (38) Motion x Resolution No. 9904 was adopted authorizing the R -9904 All Ayes Mayor and the City Clerk to execute a Library Services Agreement between the City of Newport Beach and Coastline_ Community College District/ Coastline Community College. 4. A report dated October 14, 1980 was presented from PB &R the Parks, Beaches and Recreation Director regard- (62) ing proposed land swap - 5th and Marguerite /Irvine Company. Motion x Councilman Strauss made a motion to proceed with the authorization to the City Manager to communi- cate to HUD the intent of the land swap and indi- cate that the use of the traded land will have the same planned use, its value will be at least equal and there is no conflict with State or City ordi- nances for such a trade; to authorize staff to obtain proposals to have the subject properties appraised with the cost to be shared equally by the City and The Irvine Company; and direct staff to implement a General Plan Amendment designating the • City -owned 2.6 acre parcel as low density. Motion x Mayor Pro Tem Hart made a substitute motion to change the direction to staff regarding the General Plan Amendment in connection with the City -owned 2.6 acre parcel and the vacant 10 acre Irvine Company parcel to possible medium density residen- tial designation, with the corner of Harbor View and Marguerite being zoned as open space. Mayor Heather asked that the substitute motion be amended to approve the concept idea of trade and direct staff to investigate the trade; authorize the City Manager to communicate to HUD the intent of the land swap and indicate that the use of the traded land will have the same planned use, its value will be at least equal and there is no con- flict with State or City ordinances for such a trade; and authorize the staff to obtain proposals to have the subject properties appraised as both low and medium density with the cost to be shared equally by the City and The Irvine Company, which was accepted by the maker of the substitute motion. All Ayes A vote was taken on Mayor Pro Tem Hart's amended substitute motion, which motion carried. • Volume 34 - Page 259 ition All Ayes Motion Motion Ayes x x x Noes x Abstain Motion All Ayes Motion All Ayes • x Ix Ix x Ix !� W. _f 'il •_•e . October 27, 1980 MINUTES 5. A letter was presented from the Orange County Arts Alliance regarding; the County Wide Master Plan for Cultural Growth, and stating that the State re- quires input from Newport Beach. Mayor Heather's appointment of Dr. Jerrel Richards and Betty Tesman as the City's representatives to the Orange County Arts Alliance, was confirmed. Mayor Heather requested representation from the Council as a .team and Councilman Cox agreed to serve as liaison. DC/Arts Alnc (61) 6. A report dated October 14, 1980 was presented from lEncr the Public Works Department regarding application (65) of James and Sally Arnold to install a 2 -foot fl- inch slump stone 'wall. Councilman Strauss made a motion to deny the appli- cation. Councilman Maurer made a substitute motion to post-1 pone action on the application until the Council meeting of November 10, and to notify the applicant, which motion carried. 7. A report was presented from the City Attorney concerning the appeal of Edward Karagozian, Newport; Beach, from the decision of the Planning Commission' on August 21, 1980, denying Variance No. .1074, a request to permit the installation of a radio antenna and tower which exceed the basic height limit in the 24/28 Foot Height Limitation District. Said antenna and tower to be located at 2461 Crest- view Drive, on the westerly side of Crestview Drive southerly of Marino Drive in Bayshores; zoned R -1. A report was presented from the Planning Department dated October 7, 1980. The appeal application was reset for public hearing on November 10 with the consent of the applicant Edward Karagozian, Jr., to allow public testimony.' 8. A report was presented from the City Attorney re- garding the rate increase hearing proposed by Pacific Telephone filed August 1, 1980. The report was ordered received and filed. G. CURRENT BUSINESS: 1. A report was presented from the City Manager rega ing acquisition of the Sperry- Univac System -80 computer and in -house Parking Citation Management Volume 34 - Page 260 (91) Pacific Tel /Rate Inc (89) Sperry Univ System -80 (70) A report was presented from the Board of Library Trustees regarding their opposition to the Sperry - Univac System -80. John Wilson addressed the Council regarding • Optimal Data Systems' latest proposal. John Ambrose and Ray Galka addressed the Council in support of Science Application Incorporated (SAI) operations and with a clarification of their termination clause. Motion x Councilman Strauss made a motion to approve a con - Ayes x x tract with a different parking citation management Noes x x x x x firm for a lower rate and to give a 60 -day cancella+ tion notice to the current vendor, which motion failed. Motion x Decision regarding the computer acquisition concept All Ayes was postponed until the Council meeting of December 8. 2. A report was presented from the Utilities Armstrong Director regarding Armstrong Petroleum Corpora- Oil Opt tion's proposal for renewal of existing oil (73) operating agreement. Motion x The City's position taken on May 12, 1980 was Ayes x x x x x sustained; and the proposal was rejected. Abstain x x 3. A report was presented from the Parks, Beaches and Balboa Is Recreation Director regarding Balboa Island Christ- Bus Assn mas lights. (76) • A letter was presented from the Balboa Island Business Association regarding installation of Christmas lights on Balboa Island. Motion x The request for Balboa Island Christmas lights was All Ayes approved, subject to the approval of the Public Works Department. All similar requests are to be submitted to the Public Works Department for approval. H. CONSENT CALENDAR: Motion x The following actions were taken as indicated except All Ayes for those items removed: 1. ORDINANCES FOR INTRODUCTION - None. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 9905 authorizing the Mayor and UP 1944 City Clerk to execute an Off -Site Parking C -2218 Agreement between the City of Newport Beach R -9905 and Robert Cui.lty in connection with Use Permit 1.944 (Robert the Great, 204 Washington Avenue). (Report from the Planning Depart- ment) Volume 34 - Page 261 • • E • l i .•1 r' s ��" 1 ITT i, r MINUTES October 27, 1980 (b) Resolution No. 9906 authorizing the Mayor and City Clerk to execute an Off -Site Parking Agreement between the City of Newport Beach and Tonti - Walker Investors, Inc., in connec- tion with Use Permit No. 1949 (2800 Lafayette Avenue). (Report from the Planning Depart- ment) (c) Removed from the Consent Calendar. (d) Resolution No. 9908 awarding a contract to Lee Roofing Company in connection with the reroofing of City Hall (C- 2201). (Report from the Public Works Director) 1949 217 (38) (38) Roofing (e) Resolution No. 9909 authorizing the Mayor and Simpson Agmt City Clerk to execute a Consulting Services 208 /Study Agreement between the City of Newport Beach C -2219 and Donald C. Simpson in connection with the R -9909 208 Study. (Report from the Public Works (38) Department) (f) Resolution No. 9910 establishing the south Chnl Pl /Pkg side of Channel Place between Marcus Avenue R -9910 and Rivo Alto as a no parking tow away zone. (64) (Report from the Traffic Affairs Committee) (g) Resolution No. 9911 authorizing the Mayor and Resub 611 City Clerk to execute a subdivision agreement R -9911 between Newport Beach and Temple Bat Yahm in connection with public improvements required with Resubdivision 611. (Report from the Public Works Department) (h) Resolution No. 9912 of the City Council of Bic /Ped Funds the City of Newport Beach approving the SB821 application for bicycle and /or pedestrian R -9912 funds authorized under SB 821 and authorizing (61) the City Manager or his designated representa- tive to make application for the funds and to act as the City's contact person. (Report from the Public Works Department) (i) Resolution No. 9913 authorizing the Mayor and KOCM /H City Clerk to execute a License Agreement R -9913 between the City of Newport Beach and Hutton (42) Broadcasting Incorporated for the use and maintenance of the radio transmitter and transmitting tower near the intersection of 16th Street and Monrovia Avenue. (Report from the Utilities Director /with agreement) (j) Resolution No. 9914 of the City Council of I KOCM /W the City of Newport Beach consenting to an R -9914 assignment of a License Agreement from Hutton (42) Broadcasting Incorporated to Western Broad- casting Company for the operation and mainte- nance of a radio transmitter and transmitting tower on City -owned property near the inter- section of 16th Street and Monrovia Avenue, contingent upon Federal Communications' Commission approval. (See report with H -2(i)) (Assignment attached) Volume 34 - 262 trn 3. COMMUNICATIONS: - For referral as indicated: (a) To the Traffic Affairs Committee for reply, a IrvBI /Mrnr: letter from.Louise H. Cote regarding the 18th St /Tr1 • dangerous conditions still existing on Irvine (85) Boulevard and Mariners Drive /18th Street since her initial correspondence of November 2, 1977. (Attached) 4. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) A letter from Shirley Knutsen regarding the effect of Koll Hotel and the Dunes project on airport expansion, increased noise and in- creased traffic. (Attached) (b) A letter from Dr. Eugene D. Gierson thanking the City Council and General Services for their attention to his complaint regarding the lack of street sweeping on 36th Street. (Attached) (c) Minutes of the Friends of Oasis Board Meeting of September 22, 1980. (Attached) (d) Removed from the Consent Calendar. - (e) Resolution of the Local Agency Formation Commission of Orange County adopting the negative revision of the City of Newport Beach's Sphere of Influence to exclude the • "Bay Knolls: area generally located westerly of Tustin Avenue, between Santa Isabel and 22nd Streets." (Attached) (f) Minutes of the Local Agency Formation Commis- sion of Orange County, dated September 24, 1980. (Attached) (g) Letter from Pat Krone, Public Affairs Manager, regarding Pacific Telephone Company's program for direct dialing to Northwest Mexico. (Attached) (h) Letter from the City of South Lake Tahoe extending an invitation to the City of Newport Beach to meet: with their Council while attend- ing the League of California Cities Annual Conference in Los Angeles. (Attached) (i) Resolution of the City Council of the City of Yorba Linda endorsing landscaping for the Orange Freeway. (Attached) (j) Removed from the Consent Calendar. Volume 34 - Page 263 • (k) Letter from Donald K. Fox, Mayor City of Brea and Member at Large - SCAG Executive Commit- tee, with respect to the Executive Commit- tee's priorities for the County of Orange. (Attached) (1) Notice of applications before the California Public Utilities Commission: 1. Airport Service, Incorporated for an increase in rates. (Attached) 2. Western Union Telegraph Company to ° revise its rates applicable to public message telegram services in conformity with similar tariff provisions applicable to interstate services, and rate revisions. (Attached) (m) Letter from William L. Murray, Judge of the Superior Court of Santa Ana, requesting proposed nominees to serve on the Grand Jury from organizations. (Attached) (n) Letter from Governor Edmund G. Brown, Jr., with a report entitled "The Growth Revolt: . Aftershock of Proposition 137" compiled by his office of Planning and Research. (66 page booklet: on file in the City Clerk's office) (o) Letters and newspaper clipping from Al "King • Alfonso" Lizanetz regarding his ongoing campaign against Seagram's Distillery. (p) Minutes of the Orange County Board of Super- visors meetings of October 14, 15, 21 and 22. 5. CLAIMS FOR DAMAGES - For denial and confirmation (36) of the City Clerk's referral to the insurance carrier: (a) Claim of Frances B. Asmus for injuries sus- Asmus tained on July 1, 1980 when she tripped and fell on an allegedly defective sidewalk on Newport Boulevard north of 32nd Street. (b) Claim of Paul R. Peters for property damage Peters when a City -vehicle allegedly struck his mail box on September 3, 1980, located at 1609 Ruth Lane, bending it to the ground. (c) Claim of Eugene L. Powell for alleged false Powell arrest and imprisonment on September 20, 1980 on charges of illegal possession of drugs. (d) Claim of Joan D. Howes for property damage Howes when her car was allegedly rear -ended by a City vehicle on September 25, 1980 when she was stopped for a red light at the intersec- • tion of Santa Barbara Drive and Jamboree. Volume 34 - Page 264 MTY OF NEWPORT BEACH C UNCIL MINUTES ROLL C,\LL Sn October 27. 1980 INDFX (e) Claim of Southern California Edison Company So Cal for damages to underground electrical facili- Edison ties allegedly due to excavating by the City's contractor north of San Joaquin on • Jamboree Road on July 29, 1980. (f) Claim of Orly Wilkinson and Lindsey Jean Wilkinson Wilkinson for personal damages for alleged incorrect information given to Hoag Hospital officials on July 4, 1980 by the City's Paramedics and /or lifeguards resulting in improper treatment and the death of Calvin Wilkinson. (g) Claim of Myrtle Mary Hall for injuries Hall allegedly sustained on September 5, 1980 when she was a passenger in a car driven by Burton Miller which was rear -ended by a City vehicle while northbound on SR55. (h) Claim of Margaret Lee Figueroa for property Figueroa damage when her car was rear -ended by a City vehicle, when she was stopped at a traffic light at Jamboree Road, north of San Joaquin Hills Road on September 16, 1980. (i) Claim of Marius Badea for injuries allegedly Badea- sustained on July 22, 1980 when he encountere - a chuck hole while riding his bicycle on Back Bay Bicycle Trail. • (j) Claim of Dennis Lee Clevinger for injuries and property damage sustained on July 6, 1980 Clevinger when his car went out of control on Jamboree Road south of intersection with Bluff Road, striking an allegedly unguarded, unsigned and improperly maintained drainage ditch, causing his vehicle to overturn. (k) Claim of Stanley Walker for property damage Walker to his car when it was allegedly struck by a �- 'City vehicle while parked unattended on Park Street near Crystal Avenue on September 11, 1980. (1) Claim of Rosemary Marques for property damage Marques to new carpeting at 4200 Shorecrest Lane, Corona del Mar, allegedly due to a broken sewer line on August 22, 1980. (m) Claim of Tia Clarice Hetland Parham for prop- Parham _erty damage when her car was allegedly involved in an automobile accident with a City vehicle on October 9, 1980, at San Joaquin Hills Road and MacArthur Boulevard. Volume 34 - Page 265 • CITY OF NEWPORT BEACH C UNCIL MINUTES ROLL CALL s� 'P October 27 1980 INOEX ,Assn 'Bal iwr 'h I 6. SUMMONS AND COMPLAINTS - For confirmation of the (36) City Clerk's referral to the insurance carrier: (a) Summons and Complaint of Terrence Alyn Proud Proud • for persona]. injuries. Case No. 33 -99 -58 in the Orange County Superior Court. (b) Summons and Complaint of Edith Williams for Williams personal injuries. Case No. 34 -24 -74 in the Orange County Superior Court. (c) Summons and Complaint of Richard Ferguson for Ferguson personal injuries sustained when he was allegedly falsely arrested. Case No. 34 -37- 28 in the Orange County Superior Court. (No previous claim filed) 7. REQUEST TO FILL PERSONNEL VACANCIES - For approval: (66) (A report from the City Manager) (a) One Assistant Civil Engineer, Public Works Department, to fill a vacant position. (b) One Emergency Equipment Dispatcher, Police Department, to,fill a vacant position. (c) One Library Clerk II, Library Services Depart- ment, to fill a vacant position. (d) One Equipment: Mechanic III, General Services Department, to fill a vacant position. • (e) One Water Billing Clerk, Finance Department, to fill a vacant position. 8. STAFF AND COMMISSION REPORTS - For Council informa- tion and filing: (a) A report from the Public Works Department WNBI /Ass regarding letter from West Newport Beach (76)' Improvement Association (WNBIA) - Noise Along Coast Highway in West Newport. (Attached) (b) A letter from the Public Works Department in Sea Is /( response to a request from Sea Island Communi- Bike Ln ty Association for modification of bike lanes (62)_ on Ford and Jamboree. (Attached) (c) A letter from the General Services Director A &B Stsi concerning sidewalk conditions in the vicinity Sidewall of A and B Streets in Balboa. (Attached) (80) 9. PUBLIC HEARING SCHEDULING: None. 10. CLIFF HAVEN SANITARY SEWER AND WATER MAIN, PHASE I C1fHvn /: (C -2139) - Approve the plans and specifications and Wtr Mn /1 authorize the City Clerk to advertise for to C -2139 be opened at 10:30 a.m. on November 13, 1980. (A (38) report from the Public Works Department) • Volume 34 - Page 266 ,Assn 'Bal iwr 'h I 11. VIA LIDO SOUD SEWER IMPROVEMENT, PHASE I VLido /Swr (C -2188) - Approve the plans and specifications; Impv Ph I authorize the City Clerk to advertise for bids to C -2188 be opened at 2:30 p.m. on November 13, 1980. (A (38) • report from the Public Works Department) 12. MAIN STREET -BAY AVENUE SEWER PUMP STATION (C -2216) Main /Bay Av Approve the plans and specifications; and author Swr.Pmp Sta ize the City Clerk to advertise for bids to be C -2216 opened at 2:30 p.m. on November 25, 1980. (A (38) report from the Public Works Department) 13. NEW PROGRAM APPROVAL - In accordance with Council PB &R Teen Policy I -10, authorization to offer a new teen Prog travel program. (A report from the Parks, Beaches (62) and Recreation Director) 14. LITTER CONTROL CITIZENS ADVISORY COMMITTEE - CAC Acceptance with regret, the resignation of Richard (24) C. John; direction to the City Clerk to prepare Certificate of Appreciation and direction to place on the Agenda for November 10 for appointment of replacement member. (Resignation letter attached) 15. BUDGET AMENDMENTS - For approval: (25) BA -033, $15,000.00 increase in Budget Appropria- tions and increase in Revenue Estimates for funding of consulting services to be provided by Donald C. Simpson, Consulting Civil Engineer, in connection with the 208 Water Quality Planning Program, 50% of the cost ($7,500) will be funded by the City of Irvine; from Unappropriated Surplus, Unappropriated Contingency Reserve and Donations and Contributions to Planning, Services - Professional, Technical, etc., General Fund.. BA -034, $317,000.00 increase in Budget Appropria- tions and increase in Revenue Estimates to establish appropriation for $317,000.00 funding being provided by SCAG for the 208 Water Quality Planning Program; from Unappropriated Surplus and Donations and Contributions to 208 Water Quality Planning Program, General. Fund. BA -035, $530.00 increase in Budget Appropriations for additional funds needed to complete window covering in the Building Department; from Unappro- priated Surplus, Federal Revenue Sharing to Build- ing, Window Covering, Federal Revenue Sharing Fund. (Report from the Building Director to the City Manager) I BA -036, $3,320.00 transfer of Budget Appropriations for cancellation of originally budgeted items and reappropriation of funds for substituted requested items; Building Excise Tax. (Report from the Parks, Beaches and Recreation Director) Volume 34 - Page 267 • C U G ROLL CA4LL kcP 'P Motion Ayes Motion All Ayes Motion All Ayes Motion All Ayes • Motion Ayes Noes Motion All Ayes Motion Ayes Noes • MINUTES Ortnher 27. 19RO INDEX R -9907 (32) OC Bd Spv Annex. 87 (56) Tfc /Signals (81) Lcl /CPing (68) City -Wide Survey Lcl /CPing (68) Chula Vista LCP /Ltgtn (77) M I. ITEMS REMOVED FROM THE CONSENT CALENDAR: x 1• Resolution No. 9907, appointing Wanda E. Andersen as City Clerk, was adopted; and Deputy City Clerk Irene Butler was appointed as Acting City Clerk from November 1 to 8:00 a.m., November 17, 1980. x 2. The City will monitor the Orange County Board of Supervisors public hearing on November 5, 1980, at 9:30 a.m. in the Chambers of the Board of Super- visors regarding a proposed annexation to the City of Newport Beach designated as Annexation 87 (County "Triangle "). 3. A letter from Charles D. Bunnell was presented requesting cooperation from the Orange County Cities regarding traffic light synchronization which could result in energy savings, and suggest- ing that control of local problems return to local government. x The letter was referred to the Traffic Department for review and tie -in with the Cities of Costa Mesa and Irvine, and CALTRANS, and report back to Council on November. 24, 1980. J. ADDITIONAL BUSINESS: x 1. The draft letter to Orange County Board of Super- visors regarding Newport Dunes /Santa Ana Heights Local Coastal Planning effort was approved as amended. x 2. Councilman Hummel made a motion for a proposal x x x conducting a City -wide survey poll regarding dif- x x x x ferent subjects affecting the City's future, which motion failed. x 3. Mayor Heather's request to present testimony and respond to problems the City is having with local coastal planning, and the draft letter, as amended, to the Chairman on Resources, Land Use and Energy concerning the November 7 hearing in San Francisco, were approved. x 4. The request for support to the City of Chula Vista X x x x x x from the City with an amicus curiae brief regarding x their litigation concerning the State's legal authority to modify their locally adopted LCP, was approved. Mayor Heather adjourned the meeting at 10:17 p.m. 5 Mayor ATTEST: Acting City Clerk Volume 34 - Page 268 INDEX R -9907 (32) OC Bd Spv Annex. 87 (56) Tfc /Signals (81) Lcl /CPing (68) City -Wide Survey Lcl /CPing (68) Chula Vista LCP /Ltgtn (77) M