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HomeMy WebLinkAbout12/08/1980 - Regular MeetingC Present I xI xI xI A x1 xI x Motion I I Ix Motion lxlxlxxlxlxlxlx All Ayes MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: December 8, 1980 A. ROLL CALL. B. The reading of the Minutes of the Regular Meeting of November 24, 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 on the Con- demnation of Oil Production Rights - West Newport Oil Wells. Letters were presented from the following property owners, who were notified by the Utilities Director, and wishing to appear at the public hearing: Benny Lancia; Valera Brown; Clarence H. and Mamie M. Hunt; Halstead M. Pembroke; R. S. Pattison; Dr; and Mrs. Kamal Batniji; Berniece L. Reynolds; Warren I. Henningsgard; Walter S. Semeniuk; and Robert A. Armstrong. Letters were received after the agenda was printed from the following property owners, who were also notified by the Utilities Director and wishing to appear at the public hearing: Lillian McEniry; Ali Zarrinnegar; Barrett J. Finch; Dale Kellogg; M. D. Turbow; Irene Newsom, trustee for Stella Montgomery; Medford Bragg; and W. M. Meyer. A map was displayed depicting the location of the wells. A report was presented by Joseph Devlin, Utilities Director, wherein it was noted that the public use for which the property is to be taken, is that of a subsurface easement for oil production pass- through purposes. The acquisition will not affect the surface use and enjoyment of the property in any manner. Mr. Devlin advised that a notice had been sent as required by law to all affected property owners. The City Manager outlined the procedure for eminent domain proceedings for the benefit of those in attendance. He reported that if the proposed Resolution of Necessity was adopted at this time, then the City will contact the approximate 138 property owners to answer questions they may have, and to make an offer based on the fair market value as required by law. Once this has been completed, an agreement will be executed between the City and that property owner. If a property owner- -does not accept the fair market value, then the issue will go to court for final decision. 0 11111 I I I Volume 34 -.Page 291 Prop /Cndm (73) MINUTES December 8. 1980 IR -9932 The City Manager emphasized that the City does not intend to drill any new oil wells in the area, and ° that the Charter prohibits the construction of any • new wells in the City. It was also pointed out by the City Manager that the City had subsidized the maintenance of the tidelands from 1974 to the present for a total amount of $4,732,000. The following people addressed the Council in favor of the proposal: Walter Gaynor; Don McInnis; Walter S. Semeniuk; and Ninfa Jarvis O'Brien. The following people addressed the Council in oppo- sition: Berniece L. Reynolds; Jody Page; Holmes Taylor, representing Mr. Reef; Dale Kellogg; Dr. Kamal Batniji; Bill Meyer; and M. D. Turbow. Robert Buchanan, Attorney for Armstrong Petroleum, stated they believe that private business can operate an oil field better than a municipality. He advised that Mr. Armstrong has offered to make new contract terms for an extension of the existing agreement, and would like the opportunity to nego- tiate. The hearing was closed after it was determined that no one else desired to be heard. Motion x Mayor Pro Tem Hart made a motion to adopt Resolution No. 9932, authorizing and directing the condemnation of certain real properties in the City of Newport • Beach, and declaring the public necessity therefor, and accepting the Environmental Document. In addi- tion, the Council found and determined that: (1) the public interest and necessity require the proposed project; (2) the proposed project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; and (3) the property described in the resolution is necessary for the proposed project. Motion x Councilman Strauss made a substitute motion to defer Ayes x x action on this item for not more than 60 days from Noes x x x x x this date, which - motion failed. Ayes x x x x x A vote was taken on Mayor Pro Tem Hart's motion, and Noes x carried. Abstain x Volume 34 - Page 292 • IR -9932 • • Motion All Ayes MINUTES E:] 2. Mayor Heather opened the public hearing regarding the proposed Local Coastal Program Land Use Plan and Development Policies initiated by the City of Newport Beach for the Coastal Zone. A report was presented from the Planning Department, A report was presented from the City Manager. A letter was presented from The Irvine Company. A letter was presented from Newport Harbor -Costa Mesa Board of Realtors commending the Council and Planning Commission on the work done on the Local Coastal Plan. After the agenda was printed, letters from the following agencies were received: California Coastal Commission; City of Costa Mesa; and State Department of Fish and Game. The following people addressed the Council express- ing their concerns with respect to the proposed plan: Helene Kornblat, representing the Cali- fornia Coastal Commission; Chuck Hirsch, Newport Harbor Area Chamber of Commerce; Bob Spurgeon, President of Marinapark Homeowners Association; Ken Sampson, representing the City of Costa Mesa; John Jakosky; William Blurock; Carl Wilcox, repre- senting the State Department of Fish and Game; Buz Person, Attorney; Dave Dmohowski, representing The Irvine Company;; and Hal Thomas, Planning Commissioner. A discussion ensued with respect to the Local Coastal Plan Committee's recommendation that University Drive remain in the City's Master Plan of Streets, and the Planning Commission's proposal for its removal. In addition, comments were made relative to the designation of Recreational and Environmental Open Space as it pertains to mobile home parks in the Local Coastal Plan, which the staff was requested to clarify at the next Council meeting, The public hearing was continued to December 22, 1980. 3. Mayor Heather opened the public hearing regarding General Plan Amendment No, 79 -2, a request initia by the City of Newport Beach to consider proposed amendments to the Circulation Element of the General Plan, and the acceptance of an Environmen Document. A report was presented from the Planning • 11111 1 1 1 Volume: 34 - Page 293 LCP /Land Use (68) GP 79 -2 (45) ion Ayes Motion • Ayes Motion Ayes Noes x xlxlxlxlx • • MINUTES December 8, 1980 The public hearing was closed after it was deter- mined that no one else desired to be heard. Resolution No. 9933 was adopted, adopting amend- ments to the Circulation Element of the General Plan of the City of Newport Beach, and accepting thf Environmental Document No. 79 -2. 4. Mayor Heather opened the public hearing regarding Proposed Ordinance No. 1871, being, AN ORDINANCE OF THE.CITY OF NEWPORT BEACH AMENDING CHAPTER 20.73.010(e) OF THE NEWPORT BEACH MUNICIPAL CODE TO ESTABLISH ONCE ANNUA THE CITY'S VACANCY RATE, Planning Commission Amendment No. 552, a request initiated by the City of Newport Beach to consider an amendment 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 was presented from the Planning Department. The public hearing was closed after it was deter- mined that no one else desired to be heard. The Environmental Document was accepted and Ordi- nance No. 1871 was adopted. E. ORDINANCES FOR ADOPTION: None. F. CONTINUED BUSINESS: 1. A report from the. City Manager regarding acquisi- tion of the Sperry - Univac System -80 computer and in -house Parking Citation Management, was pre- sented. Approval was given for the Sperry- Univac System -80 acquisition concept, which includes the Parking Citation Management application; and the staff was directed to prepare appropriate documents for placement on an upcoming Council agenda. 2. A report dated November 10, 1980, from the Traffic Affairs Committee concerning the request to cul -de- sac Bayside Drive, was presented. Letters were presented from Robert J. Milliken, Richard C. Bradford and Harold R. Pinchin opposing the closing of Bayside Drive. • I I I I I I I I Volume 34 - Page 294 R -9933 Zone Amnd 0 -1871 (94) Fin /Data Pr (40) Trf /Bayside Drive (85) C Motion All Ayes • Motion All Ayes • x x MINUTES Bayside Drive not be cul- de- sated, as recently requested, and the staff was directed to review th possibility of additional street lights and signin between Carnation Avenue and the Harbor Department entrance. In addition, as requested by Councilman Hummel and concurrence of the Council, the staff was directed to monitor the area in question with respect to the sluffing of the embankment due to the recent rain. G. CURRENT BUSINESS: None. H. CONSENT CALENDAR: The following actions were taken as indicated except for those items removed: 1. ORDINANCES FOR INTRODUCTION - For introduction and set for public hearing on December 22, 1980: (a) Proposed Ordinance No. 1872, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 19.16.010; 19.16.020; 19.16.100(e); 19.16.130; 19.16.140; 19.16.150; 19.16.200 AND ADDING SECTION 19.16.145 TO THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE DELETION OF REVIEW AND APPROVAL OF FINAL TRACT MAPS BY THE PLANNING COMMISSION. Planning Commission Amendment No. 553, a request initiated by the City of Newport Beach to consider an amendment to Title 19 of the Newport Beach Municipal Code as it pertains to deleting the review and approval of Final Tract Maps by the Planning Commission, and the acceptance of an Environmental Document. (A.report from the Planning Department) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 9934 authorizing the Chief of Police to participate in the California Witness Protection Program (CWPP) and to execute standard agreements therefor. (A report from the Police Department) 0 -1872 P/C Amnd . 553 (84) (38) 34 (b) Resolution No. 9935 authorizing the Mayor and NB Arts City Clerk to execute an agreement between the Festival °81 City of Newport Beach and Jean Tandowsky for R -9935 publicity services in connection with the 1981 (38) Newport Beach City Arts Festival. (A report from Parks, Beaches and Recreation Department) (c) Resolution No. 9936 approving the application for grant funds under the Solid Waste Manage- ment Act of 1980. (A report from the Litter Control Coordinator) • 1 1 1 1 1 1 1 1 Volume 34 - Page 295 1(44) • 3 • • MINUTES (d) Removed from the Consent Calendar. (e) Removed from the Consent Calendar. (f) Removed from the Consent Calendar. (g) Resolution No. 9937 approving the parcel map Resub 661 for Resubdivision No. 661 and accepting the R -9937 offer of dedication of a right -of -way along (84) the westerly side of Placentia Avenue. (A report from the Public Works Department) (h) Resolution No. 9938 requesting the County of AHFP /SJoaq/ Orange to increase the Arterial Highway Financ Jamboree ing Program (AHFP) Allocation for the construe R -9938 tion of San Joaquin Hills Road and Jamboree (82) Road free right -turn lane. (A report from the Public Works Department) (i) Resolution No. 9939 requesting the County of Phase II/ Orange to include Phase II of the Superior SupAv Imp Avenue improvements (from Coast Highway to 1981 -82 1200 feet north of Coast Highway) in the 1981- R -9939 82 Arterial Highway Financing Program. (A (82) report from the Public Works Department) (j) Removed from the Consent Calendar. COMMUNICATIONS - For referral as indicated: (a) To staff for reply, a letter from Patty Karger Bldg Permit suggesting that: permits for new projects be (26) conditional upon their providing adequate assurance that said project does not materially interfere with, or lessen water pressure in the area. (Attached) (b) To staff for report back, a letter from Nick St /Imp Novick, along with a petition bearing four, (82) signatures of property owners, protesting the unpaved alleys in block bounded by Fernando, Cypress, Edgewater and Bay Avenue. (Attached) (c) To the Pending Legislation and Procedural Tustin /Res Ethics Committee, a resolution of the City (77) Council of the City of Tustin, Endorsing Landscaping For The Newport -Costa Mesa Freeway. (Attached) (d) To staff for reply, a letter from Betty Heckel Bldg /Signs requesting an investigation of the billboard (26) situation at 1415 Newport Boulevard. (Attached) Volume 34 - Page 296 • E CITY OF NEWPORT BEACH MINUTES December 8, 1980 4. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) A copy of a letter to the City Attorney from Orange County Advanced Planning regarding the John Wayne Airport Master Plan, Airport Noise Control and Land Use Compatibility (ANCLUC) Plan, EIR 232 and Technical Appendex. (Attached) (b) A letter from Tom Allen suggesting a highway system for the southern coastal area. (Letter attached only, attachments on file in the City Clerk's Office) (c) A letter from Charles C. Williams issuing a complaint to the Alcoholic Beverage Control Board regarding "The Beach Ball Bar." (Attached) (d) Open House Invitation regarding the Area XI Developmental Disabilities Board new office in Tustin. (Detailed information on file in the City Clerk's Office) (e) Notice from the State of California Business and Transportation Agency regarding proposed changes in the regulations of the business, transportation and housing agency. (Attached) (f) Resolution of the City Council of the City of Seal Beach, reiterating urgency of Santa Ana Flood Protection Project and Community Support for the Project:. (Attached) (g) Notice of public hearing on December 10, 1980 at 2:00 p.m. and Preliminary Agenda of Orange County Local Agency Formation. Commission (LAFCO) regarding proposed annexation to the City designated Oxbow Annexation No. 88. (Attached) (h) Orange County Board of Supervisors Agenda for meetings of November 25, 26 and December 2, 3, 1980. (i) Application No. 60075 before the Public Utili- ties Commission of the State of California regarding Notice of Filing Application for Rate Change and Request for Ex Parte Decision. (Attached) (j) A letter dated November 21, 1980, from the Orange County Vector Control District regard- ing Board of Trustees appointment. (Attached) (Councilwoman Plummer's appointment was delayed until January 1, 1981, which is the expiration of Ray Williams appointed term) 11111111 Volume 34 - Page 297 u • • t MINUTES December 8. 1980 5. CLAIMS FOR DAMAGES: For denial and confirmation of the City Clerk's refererral to the insurance Carrier: (a) Claim of Automobile Club of Southern Califor- nia (Richelle Desnoyers) for personal injuries and property damage sustained on October 8, .1980 due to the alleged malfunctioning traffic signal at SR 73 and Birch Street. (b) Claim of Suzannah R. Pellissier (State Farm Insurance) for property damage sustained on September 9, 1980, at Westcliff Drive to her car parked on private property when City employees were trimming the lawn in the divide: and when the lawn mower allegedly severed a sprinkler head throwing it into the windshield of her car. (c) Claim of Fred M. Reid for property damage sustained on October 30, 1980, at Jamboree Road when a City vehicle allegedly collided with claimant's car. (d) Claim of Dianna Stimmel for alleged assault battery by a Police Officer sustained on October 12, 1980, at 11 Latitude Court. (e) Claim of Kevin Smith for alleged assault and battery by a Police Officer sustained on August 24, 1980, at Newport Dunes area. For denial: (f) Application to file late claim of John W. Taylor for personal injuries for serious bodily injuries allegedly sustained while swimming near the Balboa Pier on, or about April 16, 1980. 6. SUMMONS AND COMPLAINTS: None. 7. REQUEST TO FILL PERSONNEL VACANCIES - For approval: (A report from the City Manager) (a) One Electrician II, Utilities Department, to fill a vacant position. (b) One Police Clerk, Police Department, to fill a vacant position. B. STAFF AND COMMISSION REPORTS: For Council information and approval: (a) A report from the City Attorney regarding referral of tax lawsuit to Orange County Counsel - Xerox Corporation, at al., v. County of Orange, at al,; OCSC No. 32- 34 -80. (Attached) Volume 34 - Page 298 (36) [Auto Club SC /Desnoyers S[Farm/ Pellissier Reid Stimmel Smith Taylor (66) Xerox v. OC /Tax (31) • I� Motion All Ayes Motion All Ayes • CITY OF NEWPORT BEACH MINUTES December 8. 1980 (b) A report from the City's Airport Aviation Committee concerning the Policy for Evaluation of Interim Orange County Airport Improvements. (Attached) (c) Removed from the Consent Calendar. For Council information: (d) A report from the Building Director regarding the Status Update on Illegal Construction on Balboa Island. (Attached) 9. PUBLIC HEARING SCHEDULING: None. 10. SITE PLAN REVIEW NO. 7, NORTH NEWPORT BOULEVARD BETWEEN CATALINA DRIVE AND SANTA ANA AVENUE - Acceptance of public improvements constructed in conjunction with Site Plan Review No. 7; and auth- orize the City Clerk to release the faithful per- formance surety (Certificate of Deposit No. 71469) and to authorize the City Clerk to release the labor and material surety (Certificate of Deposit No. 71470) in six months provided no claims have been filed. (A report from the Public Works Department) 11. BUDGET AMENDMENTS - For approval: BA -044, $920.00 transfer of Budget Appropriations from Unappropriated Contingency Reserve for purchase of Dictating Machine for City Council use, to Office Equipment, City Clerk; General Fund. BA -045, $980.00 transfer of Budget Appropriations from Unappropriated Contingency Reserve for purch of Typewriter, to Office Equipment, City Clerk; General Fund. I. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Proposed resolution authorizing continued retention of Walter E. Gillfillan to perform consulting ser- vices for City of Newport Beach - John Wayne Airport was deferred to December 22, 1980, and the staff was directed to report back on the status of the current agreement, including how the monies were spent; justification for an additional $20,000; and for what period of time said agreement will cover. 2. A draft letter prepared for the Mayor's signature concerning comments on the Orange County Aviation EIR No. 232, was presented. The letter was approved as revised. Volume 34 - Page 299 OC Airport (58) Building (26) Subdivision Site Pln /7 (84) (25) OC /John Wyn Airport Gillfillan (38) CITY OF NEWPORT BEACH MINUTES 8, 1980 Motion x 3. The following proposed resolutions were deferred to All Ayes December 22, 1980, as requested by the Public Works Director: _ • ' (a) Resolution awarding a contract to Fleming Engineering, Inc., in connection with the Main Street - Bay Avenue Pump Station (C- 2216). (b) Resolution accepting an offer of dedication of the southerly 5.00 feet of Lot 7,Block 11, Balboa Tract for street purposes in connection with the Main Street - Bay Avenue Pump Station (C- 2216). (c) Resolution accepting an offer of dedication of the southerly 5.00 feet of Lot 5, Block 11, Balboa Tract for street purposes in connection with the Main Street - Bay Avenue Pump Station (C- 2216). The City Council adjourned in memory and honor of Archie B. Coffin, father of City Attorney Hugh Coffin, who passed away on Saturday, December 6, 1980, following a long illness. The meeting was adjourned at 10:50 p.m. • e or ATTEST: C ty Clerk • Volume 34 - Page 300 Main /Bay Av Pump Station C -2216 (38)