Loading...
HomeMy WebLinkAbout11/24/1980 - Regular MeetingPresent x x x x Absent Ix Ayes x Motion All Ayes Mo n AkAl yes Motion All Ayes x [601FAS] 0,01120 1:1101 MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: November 24, 1980 A. ROLL CALL. B. The reading of the Minutes of the Regular Meeting of November 10, 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. The public hearing regarding the appeal of Dr. Raymond J. Dern, Newport Beach, concerning Use Permit No. 1955, a request to expand a nonconform- ing medical office to permit the conversion of an existing residential apartment into a dentist's office on property located at 601 Irvine Avenue, on the northwesterly corner of Irvine Avenue and 15th Street in Newport Heights; zoned R -1; and denied by the Planning Commission at its meeting of October 9, 1980, was continued to December 22, 1980, as requested by the appellant due to his illness. E. ORDINANCES FOR ADOPTION: None. F. CONTINUED BUSINESS: 1. (District 5) Councilman Maurer's appointment of Paula Godfrey to the Environmental Quality Control Citizens Advisory Committee to fill the unexpired term of Robert F. Millar, ending December 31, 1980, was confirmed. Lone Amnd (94) 2. The report presented from the Public Works Depart- St Impvmt ment regarding the condition of Summit Street, -was (82) referred back to staff for further study and report subsequent to the County Flood Control District being contacted regarding possible access to their property via Seashore Drive. Paul D. Breithaupt addressed the Council in support of his request to improve the condition of Summit Street. He did not feel the property owners would support any improvements financially, due to fixed incomes and absentee ownership. 3. A report was presented from the Marine Department dated November 10, 1980 regarding an application by John Broughton to revise Harbor Permit 11256 -504 for the property located at 504 South Bay Front, Balboa Island. Volume 34 - Page 281. 4 (51) Per 10 Moo n All Ayes Motion All Ayes E X X Wiz 'W •' MINUTES November 24, 1980 A letter dated November 18, 1980, was presented from the applicant, requesting withdrawal of his application. The applicants request was approved as submitted. G. CURRENT BUSINESS: 1. A report was presented from the Planning Department regarding the Final Map of Tract No. 10625, a request of The Irvine Company, Newport Beach, subdividing 10.615 acres into twenty -one lots for residential purposes, one lettered lot for private street purposes (Lot A) and one lettered lot for private landscape and open space (Lot B); on property located at 1401 San Miguel Drive, between MacArthur Boulevard and the proposed extension of San Miguel Drive,, southwesterly of Roger's Gardens; zoned R -A and R -1 -B,. Dave Dmohowski of The Irvine Company advised that he concurred with the Findings and Conditions as recommended by the Planning Commission, and reque ed approval by the Council. The Final Map of Tract No. 10625 was approved, incorporating by reference the Findings and Condi- tions, 1 through 52, as enumerated in the Supple- mental Report from the Planning Department, and recommended by the Planning Commission subject to the conditions that: a) All remaining conditions of Tentative Tract Map No. 10625, as amended by City Council on May 14, 1979 and October 14, 1980, be fulfilled; and b) All mitigation measures described in the Initial Study, Items 1 through 16, be incorporated into the final design of the project, unless otherwise modified by a specific condition of approval; and Resolution No. 9922 was adopted, authorizing the Mayor and City Clerk to execute Subdivision Agree- ments between the City of Newport Beach and The Irvine Company in connection with the public improvements required with Tract No. 10625 and accepting the offer of dedication of right -of -way on San Miguel Drive at MacArthur Boulevard and Avocado Avenue. 40 11111111 Volume 34 - Page 282 Tr 10625 R -9922 E Motion All Ayes Motion A11 Ayes M n Al Ayes ix x Ix MINUTES November 24, 1980 2. A report was presented from the Planning Depart- ment concerning the selection.of a consultant to assist Staff in the preparation of a revised Housing Element, and the necessary environmental documentation, of the General Plan for the City of Newport Beach. The Planning Department staff responded to ques- tions posed by Council relative to the scope of work to be covered by the contract. The Mayor and City Clerk were authorized to enter into an agreement with Connerly and Associates, Inc. for preparation of a revised Housing Element of the General Plan for the City of Newport Beach. 3. A report was presented from the Public Works Department regarding Tract No. 9860, El Capitan Drive. Resolution No. 9923 was adopted, declaring Coun- cil's intention to vacate, close and abandon the public utility easement northerly of Tract No. 9860, and setting a public hearing for December 22, 1980; and Resolution No. 9924 was adopted, approving a map showing the public utility easement northerly of E1 Capitan Drive along the southerly boundary of Tract No. 9860, which is proposed to be vacated, closed up and abandoned. H. CONSENT CALENDAR: The following actions were taken as indicated except for those items removed: 1. ORDINANCES FOR INTRODUCTION: Introduce and set for public hearing on December 8, 1980 - (a) Proposed Ordinance No. 1871, being, AN ORDI- NANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 20.73.010 (e) OF THE NEWPORT BEACH MUNICIPAL CODE TO ESTABLISH ONCE ANNUALLY THE CITY'S VACANCY RATE, Planning Commission Amendment No. 552, a request initiated by the City of Newport Beach to consider an amend- ment to Chapter 20.73 of the Newport Beach Municipal Code as it pertains to the number of surveys taken by the City in conjunction with the establishment of vacancy rate of multiple- family dwellings being offered for rent or lease in the City, and the acceptance of an Environmental Document. (A report from the Planning Department) • 11111 111 Volume 34 - Page 283 Flog (68) ITr 9860 IR -9923 IR -9924 Ping /PC 552 0 -1871 (68)'. • Mb � -� - ,e November 2 MINUTES 1980 Introduce and pass to second reading on December 8, 1980 - (b) Removed from the Consent Calendar. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 9925 awarding a contract to John T. Malloy, Inc., in connection with the sewer main replacement program (Via Lido Soud Improvement /Phase I) Contract No. C -2188. (A report from the Public Works Department) (b) Resolution No. 9926 authorizing the Mayor and City Clerk to execute a Subdivision Agreement in connection with the public improvements required with Resubdivision No. 640, and accepting the offer of dedication of the corner cutoff at the corner of 30th Street and Balboa Boulevard. (A report from the Public Works Department) (c) Resolution No. 9927 authorizing the Mayor and City Clerk to execute an Off -Site Parking Agreement between the City of Newport Beach and Manto, Brady Enterprises, Inc., in con- nection with Use Permit No. 1908 (La Strada Restaurant, 3520 East Coast Highway). (A report from the Planning Department) (d) Resolution No. 9928 authorizing the creation of one (1) Typist Clerk II position and amending the Compensation Plan and Table of Authorization to reflect said position. (A report from the Personnel Department) (e) Resolution No. 9929 authorizing the execution of a Master Property Tax Transfer Agreement between the County of Orange and the City of Newport Beach to provide for Property Tax Exchange in Areas Annexed by the City. (9 report from the City Manager) (f) Resolution No. 9930 agreeing to accept an Exchange of Property Tax Revenues as set forth in the Master Property Tax Transfer Agreement between the City of Newport Beach and the County of Orange in conjunction with the Oxbow Annexation. (A report from the City Attorney) (g) Resolution No. 9931 authorizing the execution of a Letter Agreement with Wenke, Evans, Taylor and Ikola regarding legal services representing the City of Newport Beach in the Republic Airlines lawsuit. (A report from the City Attorney) Volume 34 - Page 284 VLido Soud/ Ph I Swr R -9925 (38) Resub 640 R -9926 (38) UP 1908 R -9927 Personnel R -9928 (66) Mstr Prpty Tx Tsf R -9929 (38) Exchg Prpty Tx Rvas R -9930 (38)` CNB v. Republic (38) • • CITY OF NEWPORT REACH MINUTES 24, 1980 3. COMMUNICATIONS - For referral as indicated: (a) To Planning Commission for inclusion in their P/C hearing, a petition bearing five signatures of (67) and the elimination of a right turn onto residents in the vicinity of Morning Star Balboa Boulevard from 23rd Street. (Attached) Lane, in opposition of granting a permit for Coordinator from Sue L. Ficker, regarding Modification No. 2601, which was denied by the adequately addressing essential issues of Modification Committee on October 21, 1980. of tourism on marine- oriented communities. (Attached) (Attached) (b) To the Traffic Affairs Committee, for review Trf Signs netz from Maricopa County Attorney Charles and report back, a petition bearing 24 signa- (81) tures of Irvine. Avenue residents requesting dedication against Seagram's Distillery. that the City and Orange County consider (d) Minutes of Friends of Oasis Special Board creating a left turn pocket for safe entry to (e) Notice of public hearing - Orange County the businesses fronting on Irvine Avenue, Transit District on December 4, 1980, regard- between Bristol. and Orchard. (Attached) (c) Removed from the Consent Calendar. Planning Commission, on November 18, 1980, (d) To staff for reply, a letter from Allan Bone Upper Bay (Attached) regarding suggestions for Back Bay dredging. (51) (Attached) 4. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) A letter from Marguerite E. Forgit, objecting to the City's plan for McFadden Square area and the elimination of a right turn onto Balboa Boulevard from 23rd Street. (Attached) (b) A copy of a letter to the City's Environmental Coordinator from Sue L. Ficker, regarding adequately addressing essential issues of sewage system; water; air quality and impact of tourism on marine- oriented communities. (Attached) (c) Copies of letters to Al "King Alfonso" Liza - netz from Maricopa County Attorney Charles Hyder and the Publisher of Scottsdale Daily Progress, commending him on his continued dedication against Seagram's Distillery. (d) Minutes of Friends of Oasis Special Board Meeting of November 6, 1980. (Attached) (e) Notice of public hearing - Orange County Transit District on December 4, 1980, regard- ing proposed fare changes. (Attached) (f) Notice of public hearing - Orange County Planning Commission, on November 18, 1980, regarding proposed land use district changes. (Attached) (g) Minute excerpts of Orange County Board of Supervisors meeting of November 4, 1980 regarding: 1. Authorization of acoustical consulting services -• Trial preparation/participa- tion in airport noise Case, OCSC No. 27- 39-16. Volume 34 - Page 285 CITY OF NEWPORT REACH 5. • 6. 7. ,A MINUTES 2. Authorization contract - Real estate appraiser for trial preparation/partici- pation in airport noise case, OCSC No. 27- 39 -16. (h) Minutes of the Local Agency Formation Commis- sion of Orange County, dated October 22, 1980. (Attached) (i) A letter of invitation to the 25th World Congress of Local Governments - City of bus, Ohio, June 21 -25, 1981. (Attached) (j) Application of Southern California Gas Compan} No. 59869 before the Public Utilities Commis- sion to file an amendment specifying a Demon- stration Solar. Financing Program to be implemented by SoCal. (Attached) (k) Minutes of the Orange County Board of Super- visors meetings of November 12, 13, 18 and 19, 1980. (1) Orange County Division League of California Cities notice of special meetings scheduled for November 25 and 26 regarding Santa Ana Transportation, Corridor Alternatives Analysis Study. (Attached) CLAIMS FOR DAMAGES - For denial and confirmation of (36) the City Clerk's referral to the insurance carrier: (a) Claim of Joy Foster for personal injuries sustained on August 7,-1980, at 191 Riverside Drive, due to the alleged dangerous and unsafe condition of the sidewalk. (b) Claim of James E. Ivey for personal injuries sustained on August 8, 1980, at Newport - Harbor High School pool, alleging school district employees and Newport Beach employees carelessly and negligently allowed chlorine gas to be discharged in the pool area. (c) Claim of Rita Rutter for alleged assault and battery by City Police Department employee on August 4, 1980, at 212 Apolena, Balboa Island. SUMMONS AND COMPLAINTS - For confirmation of the City Clerk's referral to the insurance carrier: (a) Summons and Complaint of Earl Wenzel and Bonnie Wenzel for property loss, Case Number 37632 in Harbor Municipal Court. REQUEST TO FILL PERSONNEL VACANCIES - For approval: (A report from the City Manager) (a) One Paramedic, Fire Services Department, to fill a vacant position. Volume 34 - Page 286 Foster Ivey Rutter Wenzel (66) • • • CITY OF NEWPORT BEACH MINUTES November 24, 1980 Volume 34 - Page 287 (b) One Building Maintenance Man I, Parks, Beaches and Recreation Department, to fill a vacant position. (c) One Typist Clerk II, Planning Department, to fill a vacant position. (d) One Typist Clerk II, City Attorney's Office, to fill a vacant position. (e) One Legal Secretary, City Attorney's Office, to fill a vacant position. (f) One Librarian I:, Library Services Department, to fill a vacant position. (g) One Secretary, Marine Department, to fill a vacant position. g, STAFF AND COMMISSION REPORTS - For Council informa- tion and approval: (a) Removed from the Consent Calendar. (b) Removed from the Consent Calendar. (c) Removed from the Consent Calendar. (d) Removed from the Consent Calendar. (e) A report from the City Manager for the Beacon Beacon:.Bay Bay Lease Committee. (Attached) Lease Comte (38) (f) A report from the Public Works Department Trf Sig/ concerning traffic signal interconnections. Intercon (Attached) (81) 9. PUBLIC HEARING SCHEDULING - Set for public hearing on December 8, 1980: (a) Local Coastal Program - A request initiated by LCP the City of Newport Beach, to consider a (68): proposed Land Use Plan and Development Poli- cies for the Coastal Zone. (A report from the Planning Department) (b) General Plan Amendment No. 79 -2 - A request CP 79 -2 initiated by the City of Newport Beach to con- (45) sider proposed amendments to the Circulation Element of the General Plan, and the accep- tance of an Environmental Document. (A report from the Planning Department) 10. BICYCLE TRAILS CITIZENS ADVISORY COMMITTEE LETTER - BTCAC Request from the Committee to mail letter dated (24) November 8, 1980, to the Daily Pilot in response to October 30, 1980 editorial "Bike Hazard Growing." (Attached) 11. CONSTRUCTION OF TRAFFIC SIGNAL AND SAFETY LIGHTING Trf Sig /Lhtg ON EAST COAST HIGHWAY AT AVOCADO AVENUE (C -2128) - ECHwy /Avoc Acceptance of the work; and authorize the City C -2128 Clerk to file a Notice of Completion and to author- (38) ize the City Clerk to release the bonds 35 days after Notice of Completion has been filed. (A report from the Public Works Department) Volume 34 - Page 287 C E J Motion All Ayes • x CITY OF NEWPORT BEACH MINUTES November 24, 1980 INDEX 12. WATER MAIN REPLACEMENT IN JAMBOREE ROAD BETWEEN Wtr Mn Rpl FORD ROAD AND 1100 FEET NORTHERLY (C -2161) - Jamb /Frd Rd Acceptance of the work; and authorize the City C -2161 Clerk to file a Notice of Completion and authorize (38) the City Clerk to release the bonds 35 days after Notice of Completion has been filed. (A report from the Public Works Department) 13. ZONE III WATER SERVICE CONNECTION TO CORONA AND Zone III Wtr CAMEO HIGHLANDS (C -1983) - Acceptance of the work; Sry Connec and authorize the City Clerk to file a Notice of Corona /Cameo Completion, and authorize the City Clerk to release C -1983 the bonds 35 days after Notice of Completion has (38) been filed. (A report from the Public Works Department) 14. Removed from the Consent Calendar. 15. FINANCIAL REPORT OF THE CITY OF NEWPORT BEACH FOR Finance THE FISCAL YEAR ENDING JUNE 30, 1980 - With audi- (40) tor's opinion from Main Hurdman and Cranstoun, City auditors. (Attached) 16. BUDGET AMENDMENTS - For approval: BA (25) BA -039, $825.00 increase in Budget Appropriations and increase in Revenue Estimates for Capital Outlay items; Library Fund. BA -040, $2,000.00 increase in Budget Appropriations for appraisal cost for proposed land trade of City property (5th and Marguerite) and Irvine Company; Park and Recreation Fund. BA -041, $64,044.85 increase in Revenue Estimates and Reserve for park fees from Irvine Company for Tract No. 10625; Park and Recreation Fund. BA -042, $56,233.00 transfer of Appropriations Reserve to Budget Appropriations for consultant, assistance in preparation of a revised General Plan Housing Element and Environmental Documentation; General Fund. I. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report was presented from the Traffic Engineer Pkg Restr regarding introduction of an ordinance authorizing (64) the placement of parking meters on 28th Street between Lido Park Drive and the Rhine and between Newport Boulevard and Villa Way. The following proposed ordinance was deferred to January 26, 1981, to allow for additional research by the City Attorney's Office and the Public Works Department, as requested: Proposed Ordinance No. ,being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.44 020 (d) OF THE NEWPORT BEACH MUNICIPAL CODE BY ADD- ING IN PARKING METER ZONE FOUR, 28TH STREET BETWEEN LIDO PARK DRIVE AND THE RHINE; AND AMENDING SECTION Volume 34 - Page 288 ROLL M n AAyea • Motion All Ayes • Ix x CITY OF NEWPORT BEACH MINUTES November 24, 1980 12.44.020 (f) OF THE NEWPORT BEACH MUNICIPAL CODE BY ADDING IN PARKING METER ZONE SIX, 28TH STREET BETWEEN NEWPORT BOULEVARD AND VILLA WAY. 2. Harbor Permit Application #129 -1801 for Maintenance Dredging at Intercollegiate Sailing and Rowing Base 1801 W. Coast Highway, was approved with the pro- vision that: 1) all dredged material will be hauler to sea and dumped, and 2) the dredging contractor will - .place a filter screen around the dredge area to control turbidity. 3. A request from Orange: Coast Family Young Men's Christian Association for consideration of eme funding for the Crisis Center Operations, was presented. Jim de Boom, Executive Director YMCA, addressed the Council in support of their request. He advise that due to a lack of action by Congress before its election month adjournment, Revenue Sharing funds from the City of Costa Mesa were cut off on September 30, 1980. Therefore, the YMCA Family Crisis Center /Shelter is having a $3,291.67 monthly budget shortfall. Mayor Heather stated that she and Mayor Pro Tem Hart are volunteer board members of the YMCA, and questioned whether there would be a conflict of interest if they were to participate in the con- sideration of this request. The City Attorney advised the Council that Mayor Heather and Mayor Pro Tem. Hart could participate, inasmuch as they both served as volunteer board members only. Budget Amendment No. 043, in the amount of $5,000, was approved for the YMCA Family Crisis Center, wit funding from the General Fund as determined by the Finance Director. ' 4. Draft letters prepared by the Planning Department stating the City's position, were presented as follows: a) The Irvine Coastal Planning Unit. b) The Zoning Regulations for the Irvine Coastal Planning Unit.. c) The Local Coastal Program /Irvine Coastal Planning Unit. d) The Draft EIR /Irvine Coastal Planning Unit. Volume 34 - Page 289 Harbor Per Application (51) YMCA /Emgcy Funding (25) Ping (68) • Motion All Ayes Motion All Ayes • ix Ix CITY OF NEWPORT BEACH MINUTES Dave Dmohowski of The Irvine Company, submitted a letter dated November 24, 1980, summarizing The Irvine Company's response to the draft letters to the effect that it was not their intent at this time to answer each point raised in the City's letters, but to indicate that The Irvine Company's and the County's planning for the Irvine Coast has addressed, or will address in the review process, all substantial issues raised by the City. Mayor Heather was authorized to send the four draft letters as written. J. ADDITIONAL BUSINESS: 1. A report was presented from the City Attorney on the subject of Interpretation of Judgment - City of Newport Beach v. County of Orange - Minor or Tempo- rary Airport Improvements. The proposed slurry seal project over the airport parking lot was approved, finding that said project is minor and temporary, and that it is consistent with the judgment; and a recommendation for a polic} on the interpretation of "temporary and minor" improvements at the airport was referred to the Orange County Airport Aviation Committee for a report back to Council. Mayor Heather adjourned the meeting at 8:50 p.m. t M 0 11111111 Volume 34 - Page 290 OC Airport (58)