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HomeMy WebLinkAbout03/23/1981 - Regular MeetingPresent x x x x x x x Motion x All Ayes • Motion x All Ayes I� • MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: March 23, 1981 A. ROLL CALL. B. The reading of the Minutes of the Meetings of March 9 and 10, 1981, was waived; the Minutes of March 10, were approved as written and ordered filed; the Minutes of March 9, 1981, were amended on Page 72, Item D -3, paragraph 4, line 10 (com- ments by Jim Peters) to read, "Area 8 would come back to Council for review and final approval if a change is proposed," approved, and ordered filed. C. The reading of all ordinances and resolutions under consideration was waived and the.City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Heather opened the continued public hearing regarding.PLANNING COMMISSION AMENDMENT NO. 558, a request of Greenwich Plaza, A Partnership, Newport Beach, to amend the Planned Community Development Plan for Koll Center Newport to allow the transfer of allowable square footage within the Planned Community, and the acceptance of an Environmental Document. Property located at 4601 Von Karman - Avenue, on the northwesterly side of Von Karmen Avenue between Campus Drive and Birch Street in the Roll Center Planned Community. Reports from the Planning Department, dated March 9 and 23, 1981, were presented. This item had been continued because of a noted difference between the square footage figures pre- sented to the Planning Commission and those pre- sented to the City Council. The City Manager advised that the Planning Commis- sion considered the item again at their meeting of March 19, wherein the vote was 3 Ayes and 3 Absten- tions. Also, it was indicated by the Commissioners supporting the recommendation for approval, that the difference in the square footage figures would not have affected their original decision had it been reported to them at that time. Byron Pinker, Architect for the project, advised he was in attendance to answer any questions of the Council. There being no one wishing to address the Council, Mayor Heather closed the public hearing. Volume 35 - Page 83 P/C Amend 558 (94) Motion Ayes Noes • Motion All Ayes • Motion All Ayes • xixi -x1x1x x MINUTES March 23, 1981 The Environmental Document for PLANNING COMMISSION AMENDMENT NO. 558, including the Findings and Conditions as set forth in Exhibit A, was accepted; and Resolution No. 10000 amending the Planned Community Development Plan for Koll Center Newport, to allow the transfer of allowable square footage within the planned community, was adopted. 2. Mayor Heather opened the public hearing regarding OFF- STREET PARKING LOT DEVELOPMENT /MARINERS MILE AREA. A report from the City Manager was presented. Hearing no one wishing to address the Council, the public hearing was closed. Resolution No. 10001 was adopted, declaring the necessity of condemnation, requiring the taking of the fee interest in the property hereinafter described to provide access. to City -owned property, as authorized pursuant to the Charter of the City of Newport Beach and Section 37350.5 of the Cali- fornia Government Code, finding that the public interest and necessity require the project, that the project is planned and located in the manner that will be most compatible with the greatest public good and least private injury, that the property described in the resolution is necessary for the proposed project, and authorizing the City Attorney to institute condemnation proceedings (access to City parking lot - Avon Street); and the City Manager was authorized to open and close escrow for acquisition of said property and with terms outlined in the staff report. 3. Mayor Heather opened the public hearing regarding proposed Ordinance No. 1877, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.32.020 OF THE NEWPORT BEACH MUNICIPAL CODE TO PROHIBIT COMMERCIAL VEHICLES EXCEEDING 6,000 POUNDS FROM OPERATING ON CERTAIN STREETS WITHIN THE CITY LIMITS (GOLDENROD, HELIOTROPE, IRIS AND SECOND AVENUES). A report from the Traffic Affairs Committee dated March 9, 1981, was presented. Hearing no one wishing to address the Council, the public hearing was closed. Ordinance No. 1877 was adopted. 4. Mayor Heather opened the public hearing regarding the COMMUNITY CABLEVISION RATE PROPOSAL. A report from the City Manager was presented. Tom LaFourcade, President, Community Cablevision Company, addressed the Council, advising that they had increased their channel capability to 36, and that new satellite programs will be available to Volume 35 - Page 84 R -10000 Cndm /Prop (73) R -10001 Trf /Rstrctn 0-1877 Community Cablevision (42) • Motion All Ayes • Motion All Ayes Motion All Ayes • - March 23, 1981 MINUTES the community. Therefore, their request is to establish rates for this service, and not a request for a rate increase in services previously pro- vided. The rate structure currently in effect will not change, and the subscribers to this service will not be forced into the new offering, so long as they are subscribers prior to May 1, 1981, and do not change their residence. Hearing no others wishing to address the Council, the public hearing was closed. Resolution No. 10002 establishing a rate increase in the fees and charges for Community Cablevision Company as related to 26- channel service, and rescinding Resolution No. 9450, was adopted. 5. Mayor Heather opened the public hearing regarding PLANNING COMMISSION AMENDMENT NO. 560, a request of WZMH Group, Inc., Irvine, to consider an amendment to the Planned Community Development Standards for the Newport Place Planned Community to permit the construction of a seven -story office building where existing development standards presently limit building heights to six stories on the site; and the acceptance of an Environmental Document. Property located at 1500 Quail Street on the south- easterly corner of Westerly Place and Quail Street in the Newport Place Planned Community. A report from the Planning Department, was pre- sented. In response to Mayor Pro Tem Hart's inquiry, Wayne Banks, Vice President of WZMH Group, Inc., advised that the height of the building would be 110 feet. Hearing no others wishing to address the Council, the public hearing was closed. The Environmental Document was accepted, and Resolution No. 10003 amending the Development Standards for Newport Place Planned Community (Amendment No. 560), was adopted. E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: The following actions were taken as indicated except those items removed: 1. ORDINANCES FOR INTRODUCTION: - For introduction pass to second reading on April 13, 1981: (a) Removed from the Consent Calendar. 2. RESOLUTIONS FOR ADOPTION: R -10002 P/C Amnd 560 (94) R -10003 (a) Resolution No. 10004 authorizing the Mayor an Off -Site City Clerk to execute an Off -Site Parking Pkg /Heming- Agreement between the City of Newport Beach ways Rest and Hemingways Restaurant in connection with R -10004 Use Permit No. 1778 (amended). (A report.fro C -1824 the Planning Department) (38)' Volume 35 - Page 85 r L 1 • • MINUTES (b) Resolution No. 10005 setting a gallery fee for items displayed in the City Hall Gallery and designating payment to the Friends of the Arts Commission, Inc. (A report from the Parks, Beaches and Recreation Department) (c) Resolution No. 10006 awarding a Contract to Sully - Miller Contracting Company in connec- tion with the resurfacing of San Joaquin Hills Road (Contract No. 2196). (A report. from.the Public Works Department) (d) Resolution No. 10007 approving a Subdivision Agreement guaranteeing completion of the public improvements required by Resubdivision No. 656 and authorizing the Mayor and the City Clerk to execute the agreement. (A report from the Public Works Department) (e) Resolution No. 10008 approving a Subdivision Agreement guaranteeing completion of the public improvements required by Resubdivision 'No. 657 and authorizing the Mayor and the City Clerk to execute the agreement. (See report with Item F -2(d)) (f) Removed from the Consent Calendar. (g) Resolution No. 10010 awarding a Contract for Comprehensive Public Liability Insurance Coverage to Canadian Indemnity Company for primary coverage and Protective National Insurance Company for excess coverage 1981- 82. (A report from the City Manager) (h) Resolution No. 10011 approving an Agreement with Beardsley, Hufstedler and Kemble, and Luebben, Hughes and Kelly, Attorneys, for legal services with regard to John Wayne Airport, and authorize the Mayor and City, Clerk to execute agreement. (Agreement at- tached) 3. COMMUNICATIONS - For referral as indicated: (a) To staff for inclusion in their ongoing study, a letter from the Irvine Terrace Community Association regarding the Newport Dunes Development, and a letter from Rosalie Young regarding the City's plans for develop- ment of the Newport Dunes and protesting expansion of the Newport Center. (Attached) (b) To staff for reply, a letter from Helen Holden regarding the unattractiveness of MacArthur Boulevard and Jamboree Road and the lack of attention by the City. (Attached) Volume 35 - Page 86 PB &R /Frnds Arts Com R -10005 (62) SJHills Resurfcg C -2196 R -10006 (38) Sub /Agent Resub 656 R -10007 (84) Sub /Agmt Resub,657 R -10008 (84) Comprehnsv/ Public Liab R -10010 C -2257 (38) OC /John Wyn Legal Sery R -10011 C -2258 Npt Dunes Developmt (59) PB &R (62) CITY OF NEWPORT BEACH C UNCIL MINUTES ��' sgry'® �1� ROLL CALL n� 9 March 23. 1981 INRFY (c) Removed from the Consent Calendar. (d) To the Pending Legislation and Procedural Res /Other Ethics Committee, Resolution No. 81 -33 of the (77) City Council of the City of Santa Ana support- • ing the elimination of the Federal Estate Tax. (Attached) (e) To the Pending Legislation and Procedural Res /Other Ethics Committee, Resolution No. 81 -30 of the (77) City Council of the City of Santa Ana author- izing City support of Senate Bill 65 which would exempt emergency vehicles from current State emmission standards. (Attached) (f) Removed from the Consent Calendar. (g) Removed from the Consent Calendar. 4. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) A list of Newport Beach, Balboa Island residents opposing expansion at Orange County /John Wayne Airport. (Attached) (Postcards and communications on file in the City Clerk's office) (b) Letters dated March 1 and 11, 1981, from Al "King Alfonso" Lizanetz regarding his ongoing campaign against Seagram Distillery. (c) Minutes of the Friends of Oasis Board Meeting of February 23, 1981. (Attached) • (d) Minutes of the Orange County Local Agency Formation Commission of February 25, 1981. (Attached) (e) Notice of meeting on March 19, 1981 of the Airport Land Use Commission for Orange County. (Attached) (f) A letter from the office of Controller of the State of California regarding amounts esti- mated to be paid to cities and counties as their share of revenues to be apportioned during the fiscal year ending June 30, 1981. (Attached) (g) Agendas of the Orange County Board of Super- visors meetings of March 10, 11, 17 and 18. 5. CLAIMS FOR DAMAGES: - For denial and confirmation (36) of the City Clerk's referral to claims adjuster: (a) Claim of Jerome Kirk for alleged insufficient Kirk probable cause when he was arrested by Newport Beach Police on December 13, 1980, in the vicinity of Balboa Island. Volume 35 - Page 87 • • MINUTES March 23, 1981 (b) Claim of Lori Austin for alleged personal injuries and property damage to her vehicle in an accident involving Newport Beach.Police Officer in the vicinity of the Bay Bridge, on January 13, 1981. (c) Claims for property damage from the following when overspray of sandblasting by City crews allegedly caused damage to their vehicles at 1501 Superior Avenue (corner of 15th & Placentia Streets) on March 11, 1981: Bradley E. Barnes, Teresa Erickson, Patricia Eskenazi, Cynthia K. Gust, R. David Ludwig, Bruce G. Olson, Marcia L. Shepard, and Mary Jo Swayega. (d) Claim of Margaret E. Lemcoe for personal injuries sustained when she walked over a center divider, and as a result fell into an alleged uncovered, open pit, in the 3400 block of Via Lido, on December 27, 1980. (e) Claim of Edward C. Terpening for personal injuries sustained as the result of an allegedly defective sidewalk near the inter- section of Mar Vista Drive and Amigos Way on February 1, 1981. (f) Claim of Paul Steve Lindquist for alleged wrongful arrest by Newport Beach Police Officer on December 23, 1980 in the vicinity of the Balboa Bay Club. (g) Claim of Doris Gaines for personal injuries when she tripped as a result of an allegedly raised sidewalk. 6. SUMMONS AND COMPLAINTS: None. 7. REQUEST TO FILL PERSONNEL VACANCIES - For approv- al; (A report from the City Manager) (a) One Groundsman Gardener, Parks, Beaches & Recreation, to fill a vacant position. (b) One Utilities Construction Leadman, Utilities to fill a vacant position. (c) One Police Clerk I, Police Department, to fill a vacant position. (d) One Animal Control Officer, Police Depart- ment, to fill a vacant position. (e) One Personnel Director, Personnel Office, to fill a vacant position. • 11111111 Volume 35 - Page 88 Austin Barnes Erickson Eskenazi Gust /Ludwig Olson Shepard Swayega Lemcoe Terpening 1(66) C • • L J MINUTES March 23, 1981 8. STAFF AND COMMISSION REPORTS: - For information and approval: (a) Report from the Planning Department regarding the selection of a consultant for the 208 Interim Control Plan EIR. (Attached) (b) Report from the Airport Aviation Committee establishing a time and date for Town Hall Meeting. (Attached) (c) Report from the City Manager concerning the appropriations limit under Proposition 4. (Attached) 9. PUBLIC HEARING SCHEDULING: - None. 10. ACCEPTANCE OF IMPROVEMENTS IN RESUBDIVISION NO. 623 - Acceptance of the public improvements con- structed in conjunction with Resubdivision No. 623; authorization to the City Clerk to release the Faithful Performance Surety (Certificate of Deposit No. 55 -1052 -996); and authorization to the City Clerk to release the Labor and Material Surety (Certificate of Deposit No. 55- 1052988) in six months provided no claims have been filed). (A report from the Public Works Department) 11. RESUBDIVISION NO. 538 - Authorization to the City Clerk to release the Faithful Performance Bond (Bond No. 2621009); and authorization to the City Clerk to release the Labor and Material Bond (Bond No. 2621009). (A report from the Public Works Department) 12. ACCEPTANCE OF IMPROVEMENTS IN TRACT NO. 10587 - Accept the public improvements constructed in conjunction with Tract No. 10587; authorization to the City Clerk to release the Faithful Performance Bond (Bond No. B391513); and authorization to the City Clerk to release the Labor and Material Bond (Bond No. B391513) in six months provided no claims have been filed. (A report from the Public Works Department) 13. AUTHORIZATION TO STAFF - To retain an appraiser to determine the fair market value of the southwester 7.15 feet of 205 -39th Street. (A report from the Public Works Department) 14. BUDGET AMENDMENTS: - For approval: BA -060, $950.00 increase in Budget Appropriations and Revenue Estimates for Donations from Pacific Mutual Life Insurance Company for the purchase of Library Books; Library Fund. Volume 35 - Page 89 208 /Interim Cntrl /EIR (68) C 38) G•22b8 Airprt /Avia Comte (58) Finance/ Prop 4 (40) Resub 623 (84) Resub 538 (84) Tr 10587 Prop /Acq 205 -39th St (73) (25) CITY OF NEWPORT BEACH C UNCIL MINUTES ti 2� 0 G ROLL CALL S � 9 March 23. 1981 INDEX BA -061, $5,700.00 transfer of Budget Appropriations for purchase of a 60" lawn mower; Park and Recrea- tion Fund. BA -062, $7,500.00 transfer of Budget Appropriations • for construction of a log boom debris barrier at Upper Newport Bay; Services - Professional; Technical, etc., Fund. BA -063, $692.00 increase in Budget Appropriations from Contingency Reserve for purchase of dictaphone transcribing unit for City Attorney's Office; Office Equipment. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter from David B. Anderson, which was referred Armstrong to staff for reply, requesting reconsideration of Pet /Oil the City's cancellation of the Armstrong Petroleum (73) Contract, was presented. Motion x The foregoing letter was referred to staff for All Ayes reply, with a copy of the response to Council. 2. Proposed Ordinance No. 1878, being, PB&R /Rcrtn 0 -1878 AN ORDINANCE OF THE CITY OF NEWPORT BEACH (62) AMENDING SECTION 11.08.040 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING SLEEPING IN VEHICLES OR ON BEACHES, - was presented for introduction and pass to second . reading on April 13, 1981. A report from the Police Department was presented. Motion x Motion was made to delete "private piers and docks," with the specific understanding that, if said deletion proves to be unsatisfactory, recon- sideration will be given at a future date for an amendment to the ordinance. Police Chief Charles Gross addressed the Council, stating they would prefer that "private piers and docks" be retained in the ordinance; however the department will enforce whatever the City Council enacts. Ayes x x x x The motion was voted on, and carried. - Noes x x x 3. Resolution No. 81 -239 of the Orange County Board of Res /Other Supervisors, regarding Santa Ana Heights Specific (77) Plan and ANCLUC Implementation Monitoring Program, Planning and requesting one representative of the City of (68) Newport Beach be appointed to the Planning Advisory Group, was presented and referred to staff for inclusion in the records. Motion x Council Member Maurer was appointed as the City's OC /Ping Adv All Ayes representative to the Planning Advisory Group. Group Volume 35 - Page 90 • Motion All Ayes Motion All Ayes • 1J x CITY OF NEWPORT BEACH MINUTES March 23, 1981 4. A letter from West Newport Beach Improvement Asso- ciation, referred to staff for reply, requesting a formal study of decibel noise levels coming from the Pacific Coast Highway (starting at the Santa Ana River Bridge to the Newport Boulevard overpass, south side only), was presented.. William McLaughlin of the West Newport Beach Im- provement Association, addressed the Council, stat- ing it was their intent in asking for a "re- look" at the sound situation by the City, to coincide with the City's General Plan Noise Element, which goes back several years. Since that point in time, there has been an increase in the number of lanes on Pacific Coast Highway, and a substantial in- crease in noise. It is their desire to make the Council aware of the increase in noise and the problem connected therewith. They feel they need the City's support in order for CALTRANS to take any action. The staff was directed to formally request that CALTRANS join with the City of Newport Beach in seeking action with regard to the subject noise problem, and further, that CALTRANS also explore the feasibility of noise abatement on other State highways. 5. Following comments and recommendation by the Direc- tor of Public Works, Resolution No. 10009 approving a Cooperative Agreement between the City and the County of Orange, Environmental Management Agency, and authorizing the Mayor and City Clerk to execute the Agreement for Jasmine Creek Storm Drain, Phase I (C- 2181), was adopted; the Negative Declaration of Environmental Impact was accepted; the plans and specifications were approved; and the City Clerk was authorized to advertise forbids to be opened at 11:00 a.m., April 15, 1981. Randy Johnson,.2710 Bayside Drive, addressed the Council and asked questions of the staff relative to the proposed project. H. ORDINANCES FOR SECOND READING AND ADOPTION: 1. Proposed Ordinance No. 1876, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 20.10.035, 20.10.050, 20.83.070, 20.83.090, 20.87.320 and 20.87.260 AND ADDING SECTION 20.10.045 TO THE NEWPORT BEACH MUNICIPAL CODE AS THEY PERTAIN TO MODIFICATIONS COMMITTEE, NONCONFORMING STRUCTURES AND USES, AND RESIDENTIAL PARKING STANDARDS, PLANNING COMMISSION AMENDMENT NO. 557, a request initiated by the City of Newport Beach to consider an amendment to Title 20 of the Newport Beach Municipal Code as it pertains to the powers and duties of the Modifications Committee; nonconform- ing structures and uses; and residential parking standards; and the acceptance of an Environmental Document, was presented. Volume 35 - Page 91 WNBIA /Cmpint (72) am Crk /SD ase I 10009 2181 8) 1876 as Amnd ?/C 557 • Motion All Ayes Motion All Ayes Motion All Ayes • Motion All Ayes • x x MINUTES March 23, 1981 A report from the Planning Department, was pre- sented. Willis Longyear, Lido Isle resident, addressed the Council in support of the proposed ordinance. Ordinance No. 1876 was adopted, and the Environ- mental Document was accepted. I. CONTINUED BUSINESS: 1. (District 4) Mayor Heather's Appointment/reap- pointment to the Bicycle Trails Citizens Advisory Committee was deferred to April 13, 1981. 2. A report from the Planning Department regarding the status of the PHASE III WORK PROGRAM AND MARKETING PLAN FOR THE LOCAL COASTAL PROGRAM, as directed by the City Council at its meeting of February 23, 1981, was presented. The Phase III Work Program was deferred to April 13, 1981, for a report from the City Council Ad- Hoc Local Coastal Program Committee. The staff was directed to report on what areas are subject to appeal, the conditions of appeal, and what areas are directly permitted by the State Coastal Commission, as requested by the Mayor. 3. A report from the Finance Department, Business License Supervisor, regarding a request for waiver of business license penalties from Henry.Vorgang, Curator, Old World Art Gallery, and Ron Morgan, Newport Beach Alarm Systems, was presented. Waiver of penalties was denied, as recommended by staff. 4. A report from the City Attorney concerning approv+ of TENTATIVE TRACT NO. 10814, BIG CANYON AREA 10, was presented. Peter Dennison of The Irvine Company, Addressed the Council with respect to Condition No. 56 relative to a hold harmless clause. He submitted a proposed revision, which had been distributed to the Council, and which read as follows: "In the event that City staff determines, in conjunction with their review of applicant's plans for construction of site improvements which will be dedicated to the City of Newport Beach, that the construction of such improvements will result in an unreasonable risk of loss to the City arising out of the movement of earth and soil within the project area, then the applicant shall prepare and execute an agreement approved as to form and content by the City Attorney; the effect of which is to obligate applicant to defend, indemnify and hold harmless, Volume 35 - Page 92 I NDEX CAC (24) LCP /Ph III Work Prog (67) Bus Lie/ Penalty (27) JTr 10814 • Motion All Ayes Motion All Ayes • Motion All Ayes Motion All Ayes • x x x MINUTES March 23, 1981 the City of Newport Beach with respect to any claim, loss, damage or injury that may arise from, or in any way be related to, the construct- ion of those project site improvements which are dedicated by applicant to the City of Newport Beach." Following discussion, reconsideration of Tentative Tract No. 10814 was disallowed, with the under- standing that a further report is to come from the Grading Engineer on April 13, 1981, or as soon thereafter as the Grading Engineer can review said plans. J. CURRENT BUSINESS: 1. A report from the Police Department concerning POLICE HELICOPTER SERVICES, was presented. Following comments by the City Manager and the Chief of Police, approval was given to formalize joint and mutual aid for helicopter services between Newport Beach and Costa Mesa, and to authorize the acquisition of one (1) Model 269 -C Skyknight Helicopter. K. ADDITIONAL BUSINESS: PD /Helicoptr (70) 1. Mayor Heather reported on her recent trip to Sacra-1 Npt Bay /EA mento relative to Upper Newport Bay Early Action JFndg Prog Funding Program, and advised that the City has been requested to provide $446,000 in matching funds for the cleanup project. Following discussion, authorization was given for BA /Upper Npt. an amount not to exceed $148,667.00 (with a budget Bay cleanup amendment to come back for final approval), for Upper Newport Bay cleanup. project, and the staff was directed to actively seek financial support from other agencies, i.e., The Irvine Company," County of Orange, and City of Costa Mesa. The City Attorney was directed to report back with a legal opinion as to whether support from private concerns would be tax deductible. 2. Tom Williams, representing the Airport Coalition IOC/John Wyn Committee, asked if he could address the Council. Airport Mr. Williams was granted 3 minutes. Volume 35 - Page 93 CITY OF :NEWPORT BEACH., MINUTES ROLL CALL 'kP March 23, 1981 Council Member Cox and the City Attorney responded to Mr. Williams' inquiry relative to the selection of the new attorneys who will represent the City • in its legal suit against the Orange County /John Wayne Airport issue. The meeting was adjourned at 9:58 p.m. • �I Volume 35 - Page 94