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HomeMy WebLinkAbout03/12/1979 - Regular MeetingCOUNCILMEN y y '�i jA y S� tip otiG2� 9?i T � dip to ROL l CALL S CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: March 12, 1979 MINU LES INDEX Present x x x x x x x A. Roll Call. . B. The reading of the Minutes of the Regular Meeting Motion x of February 26, 1979 was waived, and the Minutes All Ayes were approved as written and ordered filed. C. The reading in full of all ordinances and resol.u- Motion x tions under consideration was waived, and the All Ayes City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Ryckoff opened the public hearing regarding Bluff Ordinance No. 1798, being, Develol Regula AN ORDINANCE OF THE CITY OF NEWPORT BEACH 0 -1798 AMENDING SECTION 20.51.080 TO THE NEWPORT (3061) BEACH MUNICIPAL CODE ENTITLED "DEVELOPMENT OF COASTAL BLUFF SITES" (RELATING TO PLANNED COMMUNITY DISTRICTS), Planning Commission Amendment No. 515, a request initiated by the City of Newport Beach to consider an amendment to Title 20 adopting regulations for blufftop developments in the Planned Community Districts, and the acceptance of an environmental document. Reports were presented from the Community Develop- ment Department and the Parks, Beaches and Recreation Director. Motion x The hearing was closed after it was determined All Ayes that no one desired to be heard. Mayor Pro Tem Williams proposed changes in Ordinance No. 1798 as follows: (a) In addition to the coastal bluffs indicated on the Bluff Areas Map, add those bluffs, including those down coast, which are in our . sphere of influence, which are in the presently designated "Coastal Zone" as regulated by the Coastal Commission, except for the McLain parcel. (b) In Section 20.51.080 (d), the reference to 33 degrees to be changed to 26.6 degrees. Councilman McInnis asked that a change be included regarding Section 20.51.080 (f) changing the limitations on the height of the structures to that designated in the Planned Community Develop- ment Plan. Motion x The hearing was reopened to give The Irvine Company All Ayes a chance to respond to the change involving down - coast property. The following people addressed the Council and I opposed the inclusion of all downcoast bluffs: Volume 33 - Page 56 anent ions CITY OF NEWPORT BEACH COUNT MEN MINUTES s� G39'P ?i O 1, 6 1� ROLL CALL , 91' �\ Pis V' March 12, 1979 -C • Robert Shelton, John Macnab and Richard Spooner, Executive Vice President of the Newport Harbor Area Chamber of Commerce. Dr. Eugene Atherton addressed the Council in favor of the inclusion of the downcoast bluffs. Motion x The hearing was reclosed after it was determined All Ayes that no one else desired to be heard. The Council agreed to take a straw vote regarding the three suggested changes, for (a) and (b) a green light to be affirmative for inclusion, and a red light opposed; for (c) a green light would retain present wording and a red light would indicate change. Green x x x x x (a) Those bluffs, including down coast, which - Red x x are in our sphere of influence, which are in the presently designated "Coastal Zone" as regulated by the Coastal Commission, except for the McLain parcel, are to be included. Green x x x x x (b) In Section 20.51.080 (d), the reference to 33 Red x x degrees will be changed to 26.6 degrees, Green x x (c) In Section 20.51,080 (f), the height of Red x x x x x structures shall be as designated in the • Planned Community Development Plan. Motion x Ordinance No. 1798 was reintroduced, as amended, All Ayes and passed to second reading on March 26, 1979. 2. Mayor Ryckoff opened the public hearing regarding Npt Cente Ordinance No. 1799, being, B1 800 P Dev Plan AN ORDINANCE OF THE CITY OF NEWPORT BEACH 0 -1799 ESTABLISHING A PLANNED COMMUNITY DEVELOPMENT (3181) PLAN AND DEVELOPMENT STANDARDS FOR BLOCK 800 IN NEWPORT CENTER, AND THE ACCEPTANCE OF AN ENVIRONMENTAL DOCUMENT (AMENDMENT NO. 526), a request of Pacific Mutual Life Insurance Company to establish a Planned Community Development Plan and Development Standards for Block 800 in Newport Center, and the acceptance of an Environmental _ Document on property located at 800 Newport Center Drive, on the westerly side of Newport Center Drive, northerly of Santa Barbara Drive in Newport Center; zoned P -C. AND A request of The Irvine Company to reallocate 66,015 Sq. ft. of proposed office building development from Block 500; 58fii80 sq. ft. from Pacific Coast Highway East and West; and 44,010 sq. ft, from Avocado /MacArthur; and at the option of • The Irvine Company and Pacific Mutual, prior to recordation of the parcel map, the realloca- tion from either Block 500 or Block 700 of 93,280 sq. ft., making 350,000 sq. ft. i Volume 33 - Page 57 -C CITY OF NEWPORT BEACH COUNCILMEN MINUTES spy s��-A ��o -s 93��p�s ROLL CALL , d March 12, 1979 ininr V •available for potential office building. Addition- ally, The Trvine Company requests that 4,156 sq. ft. of space be reallocated from Pacific Coast Highway East and West, and 1,511 sq. ft. of space from either Block 500 or Block 700, at their optio , be reallocated to Block 800 in Newport Center to allow for the construction of a 10,000 sq. ft. restaurant which would contain a maximum of 5,667 sq. ft. of net public area. A report was presented from the Community Develop- ment Department. Harry Bubb, President, and Steven Gavin, Vice President Corporate Relation Officer, of Pacific Mutual Life Insurance addressed the Council. Mr. Gavin stated that they were reducing the elevation by three floors and would be willing to continue for not more than six weeks, if necessary; that they would be willing to eliminate the high -rise condominiums, but that they would continue to be committed to all mitigation required for the two ten -story buildings, traffic and otherwise, and all other conditions. Robert Shelton, of The Irvine Company, addressed the Council and stated that the condominiums were included in the Environmental Impact Report • because of a previous direction of the Council. Donald Gralneck, representing Pacific Mutual Insurance, addressed the Council and asked if the ordinance were changed to delete reference to the residential development, if that would require a revision to the ordinance next time to come back - for reintroduction, or if it would be enacted at that time. The City Attorney stated that the action would lower the density of the project and could be considered on April 23, if continued to that date, without reintroduction. Gary Schamberg, President of Eastbluff Homeowners Association, addressed the Council regarding the _ necessity for developers to institute sound atten- uation factors along Jamboree Road, and was asked to submit a letter with suggestions proposed by the Association. Motion x The public hearing was continued to April 23, with All Ayes the applicant stipulating concurrence to continuation. ' The Council unanimously agreed to take Agenda Item F -1 out of order and consider it at this time. A report was presented from the Community Development Department regarding the Planning Commission's recom- mendations concerning the definition of the term "reasonableness" as applied to a traffic phasing plan I for "excepted" Planned Community Districts. Volume 33 - Page 58 CITY OF NEWPORT BEACH COUNCILMEN MINUTES p� �� � v� v 2 ROLL CALL �d s March 12, 1979 INDEX . Gordon West, President of the Newport Harbor Area Chamber of Commerce, and Michael C. Gering addressed the Council, but were ruled out of order by the Mayor for not addressing the subject under consideration. The information to be submitted by the developer, as recommended by the Planning Commission in connection with the test of reasonableness for applicable planned - communities, was modified to change the percentage Motion x of increase in item 3 from 5% to 2%, to revise item 2 Ayes x x x x and to add items 7 and 8. The list was approved as Noes x x x follows: (a) Each project subject to the phasing requirement of Council Resolution No. 9472 shall be examined as to the extent of existing development and the amount of development remaining to be completed. (b) Information shall be submitted indicating the amount of traffic being generated by existing development, that projected for remaining development, and traffic that will exist after completion of the project. (c) An examination shall be made of the circulation system in the vicinity of the project to determin what improvements remain to be completed, with particular consideration being given to those improvements which will directly aid in moving traffic generated by the project. The area to be examined shall extend to those intersections where traffic generated from the project increase the traffic for any leg of the intersection durin the peak two and one -half hour period by 2% or more. - (d) Existing traffic at those intersections shall be shown prior to making any projections. (e) The developer may include in his proposed traffic phasing plan completion of or contribu- tion to completion of needed improvements con- sistent with the level of traffic generation and a reasonable proportion of the cost of these improvements. (f) The developer is also to take into consideration in the preparation of his plan characteristics in the design of his development which either reduce traffic generation or guide traffic onto - less impacted arterials or through intersections in the least congested direction. (g) Upon receipt of the plan and information, the Commission will determine whether there is a reasonable correlation between projected traffic at time of project completion and capacity of affected intersections in considering the project • for approval. Volume 33 - Page 59 i COUNCILMEN o ti ROLL CALL CITY OF NEWPORT BEACH March 12, 1979 MINUTES INDEX Place ty (h) Mitigation proposed needs to indicate degree of • permanence in order to meet the test. The regular order of the Agena was resumed. 3. Mayor Ryckoff opened the public hearing regarding Newport' Planning Commission Amendment No. 527, a request Center initiated by the City of Newport Beach to consider Civic an amendment to the Civic Plaza Planned Community Plaza Development Plan to require the preparation of a (2285) traffic phasing plan and reduction in allowable intensity of development and the acceptance of an Environmental Document on property bounded by San Joaquin Hills Road, Santa Cruz Drive, San Clemente Drive, and Santa Barbara Drive in Newport Center; zoned P -C. A report was presented from the Community Develop- ment Department. Ron Hendrickson of The Irvine Company addressed the Council and stated that Council had voted to make Civic Plaza an excepted project, and asked that the revised P -C Plan be approved, and that the project be considered on a 30 %/70% approach. Motion x The hearing was closed after it was determined All Ayes that no one else desired to be heard. ion x Councilman Hummel made a motion that the test of reasonableness be applied to 100% of the Civic Plaza project. Councilman Heather made a statement for the record, as follows: "I feel that this project which was accepted and has had its zone changed and reduced, and is now being further impinged by 100% development review instead of 30 %, I think that it is beyond the scope of this Council to make that kind- I, personally feel, legally, that we do not have the right to further discrim- inate against this project." Motion x Councilman Hart made a substitute motion to continue the item to March 26. Motion x Councilman McInnis made a substitute substitute Ayes x x x x motion to adopt Resolution No. 9517 amending the R -9517 Noes x x x Planned Community Development Plan for Civic Plaza revising the allowable development plan, and accepting an environmental document, which motion carried. F. CONTINUED BUSINESS: 1. Previously considered. 2. A report was presented from the Community Develop- Newport • ment Department regarding Planning Commission Planned action with regard to a request of Emkay Develop- Communi ment and Realty Company for the approval of a (1275) Volume 33 - Page 60 Place ty CITY OF NEWPORT BEACH COUNCILMEN MINUTES yG y _V 22 ROLL C\ALL\ 97i3 c 9 March 12, 1979 INDFX • Phasing Plan for the remaining development in the Newport Place Planned Community, located on - property bounded by MacArthur Boulevard, Bristol Street North and Birch Street, in,Newport Place. The following people addressed the Council in behalf of Emkay Development and Realty Company: Robert Alleborn; Kevin Hansen, who presented "Position Paper With Regard to Appeal of the _ Phasing Plan for Newport Place Planned Community;" and Bob Break, attorney, who stated he was avail- able to answer questions. Robert Hill, representing Bear Brand Ranch, addressed the Council and requested approval and that the decision of the Planning Commission be sustained. Mr. Hill stated that they were allowed to build 84,000 sq. ft. and proposed to build only 61,000 sq. ft. and would be happy to stipulate that that would always remain reduced on their property to mitigate any future possible traffic impact. Motion x Councilman Heather made a motion to accept the negative declaration and sustain the decision of the Planning Commission. Kevin Hanson, representing Emkay Development and Realty Company, again addressed the Council and stated that they were willing to accept, as a condition of approval, a reduction in the allowed square footage on their remaining eleven acres by 24 %. Councilman Heather stated that she would accept the offered limitations as part of her motion. Motion x Mayor Ryckoff made a substitute motion Ayes x to continue the item to April 9 for staff to Noes x x x x x x consider the effect of future traffic on what has been offered, which motion failed. Ayes x x x x x x A vote was taken on Councilman Heather's motion, Noes x and the negative declaration was accepted, the decision of the Planning Com mission was sus- tained, and the reductions offered by Emkay D evelopment and Realty Company and.by Bear Brand Ranch were accepted. 3. A report was presented from the Traffic Affairs Seashore Committee regarding the cul -de -sac of Seashore Drive Drive. (300) Margot Skilling, President; and Mike Johnson, Secretary, of the West Newport Improvement Association addressed the Council endorsing the use of Seashore Drive as a one -way street with the dividing line at 46th Street, with one twelve -foot • lane and one eight -foot bike lane, and requesting that a public hearing be held. i I. fI I Volume 33 - Page 61 I I CITY OF NEWPORT BEACH COUNCILMEN MINUTES v < (� tp ROLL CALL �s March 12, 1979 INDEX ins an A public hearing was set for April 23 concerning *otion x the installation of a one -way street system on All Ayes Seashore Drive starting at 46th Street. 4: A report from the City Librarian dated Library February 15 regarding recommendations for a (474) member and alternate to the Santiago Library System Lay Advisory Board was presented. The matter was postponed to March 26 to allow Motion x time for the Library Board to meet and All Ayes recommend additional names. 5. A report was presented from the City Attorney Council regarding the amendment of the Minutes of the Minutes/ Council Meeting of January 22, 1979 in connection Height & with Ordinance No. 1793 relating to the height of Density structures on the bluff side of Kings Road and Regulatic Kings Place to incorporate the express findings (1279) made by the Council. The Minutes of January 22 regarding Ordinance No. Motion 1793 were amended to incorporate the express x findings of Council as expressed during the Council Ayes x x x x x meeting as contained in the staff report. Abstain x 6. (District 1) Councilman Strauss' appointment of Litter Johanna Collester to replace Betty Hogan as a Control - Motion x member of the Litter Control Citizens Advisory CAC �11 Ayes Committee for a one -year term ending December 31, (2046) 1979 was confirmed. G. CURRENT BUSINESS: 1. A report was presented from the Community Develop- Master P- ment Department regarding consideration of Master Sts & Hwy Plan of Streets and Highways and design alterna- (29) tives for planned improvements, initiated by the City of Newport Beach, with recommendations of the Planning Commission on circulation system revisions. A letter received after the Agenda was printed from Mrs. Jean Richmond Lumsden was presented regarding Corona del Mar traffic problems and enclosing a newspaper clipping from the Times. Motion x Consideration of the item was postponed to All Ayes March 26, 1979. 2. A report was presented from the City Manager Council regarding suggested amendments to Council Policy Policy A -4. (430F) Motion x Proposed amendments 1, 2 and 3 were approved, and All Ayes Council Policy A -4, "Boards and Commission Appointments" was amended accordingly. ion x Publication is to be made by March 30 regarding 1 Ayes the three vacancies occurring on the Planning Commission as of June 30, and April 17, 1979 is to be the cut -off date for receiving applications for those positions. i Volume 33 - Page 62 ins an CITY OF NEWPORT BEACH COUNCILMEN MINUTES 0 ytiyG22 i ?i T S �.9 ROLL CALL, d' March 12, 1979 ninFv • - 3. A report from the Off-Street Parking Committee was Parking presented regarding a revised rate structure for Permit the Corona del Mar State and City Beach Park and (Fees) Balboa Parking Lots. (119) Motion x Mayor Pro Tem Williams made a motion to approve the proposed structure as listed, except that for the summer rate on Saturdays, Sundays and holidays, item No. 3 for other vehicles be increased to $2.50 per day. Marine Director David Harshbarger gave a brief staff report. Gordon Kilmer, concessionnaire at Corona del Mar State and City Beach Park, addressed the Council and recommended the rates proposed by staff. Motion x Councilman Hummel made a substitute motion to Ayes x x x increase the summer rates for other vehicles to Noes x x x x $2.00 on weekdays and to $2.50 on Saturdays, Sundays and holidays, which motion failed. All Ayes A vote was taken on Mayor Pro Tem Williams' motion, and Resolution No. 9518, establishing parking fees R -9518 and regulations for the use of the City parking lots at Corona del Mar State and City Beach and Balboa Parking Lot and rescinding Resolution No. • 8837, was adopted as amended, 4. A report was presented from Councilmen Heather and Council Strauss regarding suggestions for shortening Procedure Council meetings. (1096) Councilman Strauss made a motion to make the following changes: (a) Study Sessions to commence at 2:00 p.m. and end at 4:30 p.m. (b) Regular Council meetings to commence at 7:00 p.m. (c) Items appearing on the evening Agenda are not to appear on the Study Session Agenda the same day. Michael Gering addressed the Council and suggested that people be allowed to address the Council. Ayes x x x x x x A vote was taken on Councilman Strauss' motion, Noes x which motion carried. 5. A report was presented from the City Manager Council dated February 26, 1979 regarding commercial Policies harbor permit fees. (430) Sue Ficker addressed the Council and inquired regarding the possibility of using some of the additional mooring fees for some of the necessary • dredging in the bay. Motion x Section 12 -B of Council Policy H -1, "Harbor Permit All Ayes Policies" was amended as recommended. Volume 33 - Page 63 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 1 2i T �p s S ROLL CALL d March 12 1979 INDEX • H. CONSENT CALENDAR: Motion (x The following actions were approved by one motion All Ayes j affirming the actions on the Consent Calendar: 1. The following ordinance was introduced and set for public hearing on March 26, 1979: Proposed Ordinance No. 1800, being, AN ORDINANCE District OF THE CITY OF NEWPORT BEACH AMENDING PORTIONS OF Maps 1, 2, DISTRICTING MAPS NOS. 1, 2, 22A AND 46 TO RECLAS- 22A & 46 SIFY FROM THE 0 -S OPEN SPACE DISTRICT CERTAIN 0 -1800 PROPERTIES IN WEST NEWPORT LOCATED ON THE NORTHER- (3203) LY SIDE OF WEST COAST HIGHWAY ON EITHER SIDE OF SUPERIOR AVENUE COMMONLY KNOWN AS CALTRANS EAST AND WEST AND ON THE SOUTHERLY SIDE OF WEST COAST HIGH- WAY BETWEEN 56TH STREET AND THE SANTA ANA RIVER COMMONLY KNOWN AS THE PACIFIC ELECTRIC RIGHT -OF- WAY (AMENDMENT NO. 528), Planning Commission Amendment No. 528, a request initiated by the City to amend portions of Districting Maps No. 1, 2, 22A and 46, and reclassify from the R -2, R -3, C -1 and unclassified Districts to the O -S Open Space District, certain properties in West Newport located on the northerly side of West Coast High- way on either side of Superior Avenue, commonly known as CALTRANS East and West, and on the southerly side of West Coast Highway between 56th • Street and the Santa Ana River, commonly known as the Pacific Electric Right -of -Way, and West New- port Park, and the acceptance of an Environmental Document. (A report from the Community Development Department) The following ordinance was introduced and passed to second reading on March 26, 1979: Proposed Ordinance No. 1801, being, AN ORDINANCE Pier Fees/ OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 17.33 Harbor Regs OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO 0 -1801 PIER FEES. (386) 2. The following resolutions were adopted: (a) Resolution No. 9519 authorizing the Mayor Animal and City Clerk to execute an Amendment to the Control Animal Control Agreement between the City of R -9519 Newport Beach and James Tapper, D.V.M., Inc. (862) (A report from the City Manager) (b) Resolution No. 9520 authorizing the City Orco Attorney to petition the Federal Aviation Airport Administration to intervene and become a party R -9520 to the Orange County Airport Discrimination (195) Fact - Finding Investigation. (c) Resolution No. 9521 authorizing the Mayor Big Canyon • and City Clerk to execute a Right of Entry Reservoir Agreement between the City of Newport Beach R -9521 and the Metropolitan Water District of (3204) Southern California in connection with con - struction of a pressure relief line to Big Canyon Reservoir. (A report from the Utilities Director) Volume 33 - Page 64 CITY OF NEWPORT BEACH COUNCILMEN MINUTES C yG y �'3��s 192 �^ _A 9 �•� �� s ZEN ROLL CALL` �J 9 S March 12, 1979 INDEX ion ion (d) Resolution No. 9522 authorizing the Mayor and Ford Rd/ City Clerk to execute a Cooperative Agreement MacArthur between the City of Newport Beach and the Intersect State of California Department of Transporta- Modificat tion in connection with the Ford Road and R -9522 MacArthur Boulevard Intersection Modification (2872) (C- 1882). (A report from the Public Works Department) (e) Resolution No. 9523 approving the Parcel Map Resub 581 for Resubdivision No. 581 and accepting the R -9523 dedication of a portion of West Coast Highway. (3048) (A report from the Public Works Department) 3. The following communications were referred as indicated: (a) To staff for report back, a letter from the Board of Directors, Jasmine Creek Homeowners Association, regarding Jasmine Creek street (440F) parking. (Attached) (b) To staff for reply, a letter from Eric J. Hollander asking that the City adopt legisla- tion prohibiting fishing from bridges within the City. (Attached) (c) To Pending Legislation and Procedural Ethics Committee for reply, a letter from the Orange • County Vector Control District asking for support for Senate Bill 382. (Attached) (1032F) (d) Removed from the Consent Calendar. (e) To staff for reply, a letter from the City of Arcadia asking for financial assistance in their defense in connection with fees and charges assessed after enactment of Proposi- tion 13 and before July 1, 1978. (Attached) (2883) (f) Removed from the Consent Calendar. 4. The following communications were referred to the City Clerk for filing and inclusion in the records: (a) A letter from Paul D. Bennett stating that in his opinion the new jet departure procedures from Santa Ana Airport were quieter. (195) (Attached) (b) A letter from Ed Riddle protesting Use Permit No. 1889 in connection with Larson's Shipyard (3182) facility. (Attached) (c) A letter from Judy B. Rosener expressing her appreciation for the newly - instituted Newsletter. (Attached) _ (20) • (d) A letter from the City of Huntington Beach stating that their Council had rescinded its resolution requesting the County of Orange to discontinue selling or giving away animals for research purposes. (Attached) (862) Volume 33 - Page 65 ion ion CITY OF NEWPORT BEACH COUNCILMEN MINUTES yG Ap �2� ROLL CALL, 91'0 P March 12, 1979 INDEX (e) A letter from Mr. and Mrs. E. P. Benson re- • garding the City's traffic problems and enclosing an article from the February 8 Daily Pilot. (Attached) (960) (f) Copy of a letter to the California Transporta- tion Commission from the Public Works Directo of the City of Irvine opposing the recommenda- tion of the Commission that the Bristol Stree Couplet and University Drive North, between MacArthur Boulevard and 0.2 miles west of Campus Drive, be adopted as State Highway Route 73 in Orange County. (Attached) (397) (g) A notice from the Public Utilities Commission regarding hearing notices on rate increase applications stating that only the parties wh request confirmation of the hearing date and .location will be notified, otherwise public posting or publication will constitute notice (20) (h) Agenda of the Board of Supervisors meetings held February 27, 28, March 6 and 7, 1979. (i) Removed from the Consent Calendar. '(j) Removed from the Consent Calendar. 5. The following claims for damages were denied, and Claims • the City Clerk's referral to the insurance carrier was confirmed: (a) Claim of John A. Buzzanca for personal in- Buzzanca juries allegedly incurred when the car in (3199) which he was a passenger was involved in an accident with a City vehicle on Balboa Boulevard and 36th Street on January 31, 1979 (b) Claim of Clifford G. Seachrist for property Seachrist damage to his home at 1800 Santiago Drive (3200) which was allegedly caused when the City removed a tree creating debris which clogged their water system on January 10, 1979. (c) Claim of Allstate Insurance Company as sub- Allstate/ rogee for Edward Fox in connection with injur Fox to Virginia Pearson allegedly sustained when (3202) she fell on the sidewalk in front of Mr. Fox' home on July 15, 1978 due to sidewalk faultily maintained by the City. (d) Claim of Mr. and Mrs. James Briggs for Briggs death of Julie Ann Briggs on Irvine Boulevard (3201) between Mesa and Monte Vista, allegedly caused by Newport Beach Police who frightened the horse she was riding causing decedent to be thrown and receive fatal injuries. • i Volume 33 - Page 66 CITY OF NEWPORT BEACH COUNCILMEN MINUTES NP v� 9G 2Z d ROLL CALL March 9 March 12, 1979 INDEX 6. The City Clerk's referral of the following Summons and Complaints to the insurance carrier was confirmed: (a) Summons and Complaint of Robert J. Shaw for Shaw (3003) damages (assault and battery; false imprison- ment; and intentional infliction of emotional distress) Case No. 30 -51 -56 in the Orange County Superior Court. The original claim was for personal injuries sustained on March 28, 1978 at the beach on Washington Street and enroute to the Newport Beach Police Station. (b) Petition for Writ of Mandamus, CCP 1085 in Property Orange County Superior Court, filed by Owners/ Warren E. Howland, Les Miller, Loraine J. Kings Rd & Miller, Robert Cecka, Jerry Greer and Dr. Kings Pl. John Smith v. City Council of the City of (3205) Newport Beach (re property on bluff side of Kings Road and Kings Place) 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 was confirmed: (c) Summons and Complaint of Beatrice Foods Beatrice Company et al for refund of property taxes Foods • (California Revenue and Taxation Code Sec. (3206) 5140 et seq.) (A report from the City Attorney) 7. The following request to fill personnel vacancies (1203F) was approved: (A report from the City Manager) (a) One Tree Trimmer 1 position in the Parks, Beaches & Recreation Department to fill a position now vacant. 8. The following staff and committee reports were received and ordered filed;. (a) A report from the Litter Control Citizens Animal Advisory Committee regarding animal regula- Control tions. (Attached with a copy of the report (862) from the Chief of Police dated January 22, 1979) (b) A report from the Litter Control Citizens Litter Advisory Committee regarding the Committee's Control goals and objectives for 1979. (Attached) CAC (2046) (c) A report from the Public Works Department regarding investigation of saturated terrace Big Canyon deposits (seismic stability) at Big Canyon Reservoir Reservoir. (Attached) (3093) • hearings scheduled. 9. There were no public 10. Removed from the Consent Calendar. iI Volume 33 - Page 67 I CITY OF NEWPORT BEACH COUNCILMEN MINUTES \y 'A 10 ROLL CAL\( �d 'P March 12, 1979 INDEX • 11. Removed from the Consent Calendar. 12. The work on the Cribwall Construction, Via Lido at Lido Isle the Lido Isle Bridge, Contract No. 2000, was Bridge accepted; and the City Clerk was authorized to fil (3113) a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been filed. (A report from the Public Works Department 13. The work on the Construction of the Newport Center Npt Center Branch Library, Contract No. 1861, was accepted; Library the City Clerk was authorized to file a Notice of (2030) Completion and to release the bonds 35 days after the Notice of Completion has been filed; and a donation of $1,574.42 was accepted from the Friends of the Library to pay for the kitchen unit in the community room. (A report from the Public Works Department) 14. The public improvements constructed in conjunction Resub 566 with Resubdivision No. 566, located on the north- (2949) easterly corner of East Balboa Boulevard and Palm Street in Central Newport, were accepted; the City 1 Clerk was authorized to release the faithful performance bond issued by the Ohio Casualty Insurance Co. and to release the labor and materials bond in six months provided no claims -. have been filed. (A report from the Public Works Department) 15. The plans and specifications for the Water Main CdM Water Replacement in Corona del Mar were approved; and Main Repl. the City Clerk was authorized to advertise for bid (2885) to be opened at 2:30 p.m. on March 29, 1979. (A report from the Public Works Department) 16. The following budget amendments were approved: BA -044, $3,450.00 increase in Budget Appropriation and increase in Revenue Estimates for purchase of public address system and outdoor speakers for Senior Citizens facility with contribution from Orange County Revenue Sharing Grant, from Unappropriated Surplus and Donations and Contributions to Parks, Beaches & Rec. - Senior Citizen, Equipment N.O.C., Parks and Recreation Fund. (A report from the Parks, Beaches and - Recreation Director) BA -045, $99,040.00 increase in Budget Appropria- tions to complete furnishing and equipping of Newport Center Branch Library, from Unappropriated Surplus to Newport Center Branch Library, Building Excise Tax Fund. (A report from the City Manager) BA -046, $180,000.00 transfer of Budget Appropria- tions for Parking Citation Management Program, from Unappropriated Surplus to Nondepartmental, Services - Professional, Technical, etc., General Fund. Volume 33 - Page 68 i CITY OF NEWPORT BEACH COUNCILMEN MINUTES ti�s� �o os v3 T � s � ROLL CALL, d' 9 March 12. 1979 INDEX I. ITEMS REMOVED FROM THE CONSENT CALENDAR: • 1. A letter to the Mayor from the Newport Harbor Area Committee Chamber of Commerce suggesting the establishment Suggestion of a "Blue Ribbon Panel" consisting of former (20) mayors of the City to study the Council's decision making process was presented. The following people addressed the Council in favor of the proposed panel: R. H.Spooner, Executive Vice President of Newport Harbor Area Chamber of Commerce; Michael Gering, and Dan Rogers. Daniel Emory addressed the Council and opposed the proposed panel. Bill Hardesty addressed the Council and stated that while a certain amount of down- zoning is necessary to curtail traffic, he felt that property rights must be recognized. Motion x Councilman Heather made a motion to recognize the letter from the Chamber of Commerce as a real concern in the City and for the Mayor to appoint • a "blue ribbon" committee to see what can be done about returning government back to the profes- sionals and then open discussion of directed items from, the podium. ion x Councilman Strauss made a substitute motion to s x x x x x send a courteous letter by the Mayor to the Noes x x Chamber thanking them for their suggestion and telling them we decline to do so. Sue Ficker addressed the Council and upheld the actions of the City Council. 2. A report from the Community Development Depart- SCAG ment was presented with a proposed letter to (447F) Southern California Association of Governments (SCAG) regarding Newport Beach's response to SCAG's request to commit to implement the 208 Areawide Waste Treatment Management Plan. Mayor Pro Tem Williams inquired regarding the effect of our City's refusal to implement the plan, whether that would shoot down the whole plan. Fred Talarico, Environmental Coordinator, responded and stated that in checking this matter, it was his impression from the responses elicited that our refusal to participate would cause changes in the plan but not cancellation. Mayor Pro Tem Williams made a motion to authorize Motion• x the Mayor to send the letter as written to James Wilson with the copies as indicated and adding a • copy to Huey Johnson, also a letter is to be sent to the State Water Resources Control Board asking them to deny the SCAG plan and adopt the I i City's alternative position. Volume 33 - Page 69 CITY OF NEWPORT BEACH COUNCILMEN y y'iP�yJA�C F �s Rni 1 C4,I 1 SST 'P s KA.. k to io7o MINUTES INDEX ant 7 0 R, Richard Smith addressed the Council and asked that Fred Talarico be identified and was informed that he was a staff member. iAll Ayes A vote was taken on Mayor Pro Tern Williams' motion, which motion carried. Motion x 3. Resolution No. 9524, requesting an amendment Labor Cod4 All Ayes to Section 3202 of the Labor Code of the State R -9524 ill) of California, was adopted. 4. A report was presented from the Community Development Downcoasl Department regarding the City's position in connection Developmc with the downcoast Local Coastal Program. (709) Motion x The Mayor was authorized to send a letter to the All Ayes Coastal Commission reaffirming the City's position. 5. A letter from Gloria J. Lancona regarding problems Complaint in connection with her tenancy at Bayport Apartments (600) was presented. Mrs. Lancona addressed the Council regarding her problems. Motion x The letter was ordered received and filed. All Ayes 6. A letter from Dr. Edwin M. Amyes was presented Coast Hw: requesting permission to address the Council for Bridge ten minutes regarding a hearing by the Coast Guard (469) on the height of the proposed Coast Highway Bridge. Edwin W. Amyes addressed the Council in favor of raising the height of the Coast Highway Bridge, and asked the Council to reconsider a petition for a Coast Guard hearing. Motion x The letter was ordered received and filed. All Ayes J. ADDITIONAL BUSINESS: Motion x 1. Use Permit 1900 was called up for Council review Cncl Rt of Ayes x x x x x x and set for public hearing on ADril 9. 1979, UP 1900 Noes x Mot ion 2. Mayor-Ryckoff made a motion to authorize the Pending x Mayor to send a letter in support of AB 276 and AB 308. (1429)atiol (1429) Motion x Councilman Strauss made a substitute :notion to Ayes x x x x x authorize the Mayor to send a letter in support _ Noes x x of only AB 308, which motion carried. There being no further business to come before the Council, Mayor Ryckoff declared the meeting adjourned at 1:30 a.m., March 13, 1979. Volume 33 - Page 70 Mayor ATTRCT • ant 7 0 R,