HomeMy WebLinkAbout06/11/1979 - Regular MeetingCITY OF NEWPORT BEACH
COUNCILMEN
REGULAR COUNCIL MEETING
v� y 2
Place: Council Chambers
y�o�s
did' ��9 s
Time: 7:00 P.M.
Date: June 11, 1979
ROLL CALL
MINUTES
INDEX
sent
x
x
x
x.
x
x
A. ROLL CALL.
sent
x
B. The City Attorney stated that the developer of
Tract 10625, which was considered at the meeting of
May 14, feels that if Condition 46 is made, then
there are inconsistencies in Conditions Nos. 4, 39
and 50.
The Council agreed to continue the approval of the
Minutes of the meeting of May 14, 1979 to the next
meeting.
Motion
x
The reading of the Minutes of the Meeting of
All Ayes
May 29, 1979 was waived, and the Minutes were
approved as written and ordered filed.
Motion
x
C. The reading in full of all ordinances and resolutions
All Ayes
under consideration was waived, and the City Clerk
was directed to read by titles only.
D. HEARINGS:
1. Mayor Ryckoff opened the public hearing and
Robinson
Council review of the appeal of Dr. Tom W.
Appeal
Robinson from the decision of the Planning Commis-
(3270)
sion on May 10, 1979, denying a request
(Resubdivision No. 625) to create two parcels of land
for single - family residential development where a
portion of one lot now exists, and the acceptance of
an Environmental Document on property located at
2327 - 16th Street, on the southwesterly side of 16th
Street between Tustin Avenue and Irvine Avenue in
Newport Heights; zoned R -1.
A report from the Community Development Depart-
ment was presented with a copy of the appeal
application.
City Manager Robert Wynn stated that the applicant
had requested a continuation to June 25.
Motion
x
The hearing was continued to June 25, 1979.
All Ayes
2. Mayor Ryckoff opened the public hearing regarding
Aeronutronic
proposed Ordinance No. 1807, being,
Ford P C Dev
(3265)
AN ORDINANCE OF THE CITY OF
0 -1807
NEWPORT BEACH ESTABLISHING THE
PLANNED COMMUNITY DEVELOPMENT
PLAN AND DEVELOPMENT STANDARDS
FOR AERONUTRONIC FORD,
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Planning Commission Amendment No. 532, a request
of Ford Aerospace and Communications Corporation
and Eagle Development Company /Dann Southwest
Corporation, Newport Beach, to establish a Planned
Community Plan and Development Standards for the
Aeronutronic Ford site, and the acceptance of an
Environmental Document.
AND
Resubdivision No. 629, a request of Ford Aerospace
Resub 629
and Communications Corporation and Eagle Devel-
(3266)
opment Company /Dann Southwest Corporation,
Newport Beach, to subdivide 215.15± acres into four
parcels for sale, lease or financing purposes in
accordance with a proposed P—C Development Plan
and Standards for the Aeronutronic Ford P—C
District.
AND
Tentative Map of Tract No. 10391, a request of Ford
Tract 10391
I
Aerospace and Communications Corporation and
(15F)
Eagle Development Company /Dann Southwest
Corporation, Newport Beach, to subdivide 215.2±
acres into 77 lots for single - family residential
development, two lots for condominium residential
development of 222 units, four lots for townhome
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residential development of 311 units, one numbered
lot ( "851) for public park purposes, one lettered lot
( "H ") for public park purposes, one number lot ( 117811)
for private recreational purposes, one lettered lot
( "A ") for utility easement purposes, one lettered lot
("F ") for public street purposes, five lettered lots
( "B, C, D, E, & G") for private street purposes, one
lettered lot ( "I") for private road landscape
purposes, and one numbered lot ( 118611) for the
465,000 sq. ft. expansion of the existing research
and development facilities on the site.
AND
Request for the approval of a Phasing Plan for the
remaining development in the Aeronutronic Ford
P—C District.
Property located on a portion of Block 56, Irvine's
Subdivision, bounded by Bison Avenue, Jamboree
Road, Ford Road and MacArthur Boulevard; zoned
P-C.
David Neish, representing Eagle Development and
the Daon Corporation, addressed the Council.
Motion
x
Mr. Neish was granted fifteen minutes for his
All Ayes
presentation, which included presentations by the
following: Tom Morrissey, Director of Industrial
Relations for Ford Aerospace and Communications
Corporation; and Walter Gaynor, President of Eagle
Development Company.
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Gary Schamberg, special representative of the East -
bluff Homeowners Association, addressed the
Council and stated that Eagle Development and the
Daon Corporation have not responded to the Associ-
ation's request to share in the noise mitigation
measures, and asked that this be made a condition
of approval if the companies do not do it voluntarily
as did Pacific Mutual.
Mr. Gaynor responded and stated that they had
intended to pay their fair share.
The City Manager advised that by using the same
formula as was used with Pacific Mutual, the cost of
constructing a sound attenuating block wall for the
area to be developed would be $85,500.
Hal Thomas, a member of the Environmental Quality
Citizens Advisory Committee, addressed the Council
regarding discrepancies in the Environmental Impact
Report.
Motion
x
Mr. Thomas was granted five more minutes for his
All Ayes
presentation.
Various Councilmen indicated questions relating to
different aspects of the development which they
wanted answered by the developer, and it was
•
suggested that the matter could be continued to July
9 to give time to come back with the answers.
David Neish, speaking for Eagle Development and
for Daon Corporation, stated that they would be
willing to continue the hearing to July 9.
Motion
x
The hearing was continued to July 9, 1979.
All Ayes
3. Mayor Ryckoff opened the public hearing regarding
Npt Place
Planning Commission Amendment No. 530, a
Planned
proposed amendment to the adopted Development
Community
Plan for Newport Place Planned Community to
(1275)
reduce the allowable development to be consistent
with the Phasing Plan approved by the City Council
on property bounded by MacArthur Boulevard,
Bristol Street and Birch Street.
A report was presented from the Community
Development Department.
Kevin Hanson, representing Emkay Development and
Realty Company, addressed the Council regarding
the Newport Place Planned Community.
Motion
x
The hearing was closed after it was determined that
All Ayes
no one else desired to be heard.
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ROLL CALL 'T...,e is 107Q INDEX
tion '
x
Resolution No. 9563, amending the Planned Com-
R -9563
yes
x
x
x
x
munity Development Plan for Newport Place to
Noes
x
x
reduce the allowable development (Amendment No.
530), was adopted.
4. Mayor Ryckoff opened the public hearing regarding
Npt Center
Planning Commission Amendment No. 531, a pro-
Corporate
posed amendment to the Planned Community
Plaza
Development Standards for Corporate Plaza, initi-
(2091)
ated by The Irvine Company to permit additional
signs within the Planned Community on property
bounded by Newport Center Drive, Farallon Drive,
Avocado Avenue and East Coast Highway, in
Corporate Plaza; zoned P—C.
A report was presented from the Community Devel-
opment Department.
Ron Henrickson of The Irvine Company addressed
the Council and stated he was present to answer
questions.
Debra Allen, in behalf of the Harbor View Hills
Community Association, addressed the Council and
requested that all lighted signs be turned off at 7:00
p.m. and that there be no colored signs.
Motion
x
The hearing was closed after it was determined that
Ayes
no one else desired to be heard.
Motion
x
Councilman Heather made a motion to adopt
Resolution No. 9564 amending the Planned
R -9564
Community Development Plan for Corporate Plaza
to permit additional signs within the P—C District
(Amendment No. 531).
Councilman Hummel asked that the motion be
amended to require that where the signs are
described, they may be externally illuminated but
must be extinguished by 10 p.m. The amendment
was accepted by the maker of the motion.
All Ayes
A vote was .taken on Councilman Heather's amended
motion, which motion carried.
5. Mayor Ryckoff opened the public hearing regarding
Budget
the Preliminary Budget as prepared by the City
1979 -80
Manager for the fiscal year 1979 -80, pursuant to
(3271)
Section 1102 of the Newport Beach City Charter,
and regarding Federal Revenue Sharing Funds.
A report was presented from the City Manager
regarding the 1979 -80 Budget Check List.
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Minutes of the administrative hearing held
January 26, 1979 regarding the Revenue Sharing
Funds were presented.
Letters urging an allocation from Federal Revenue
Sharing Funds for the Family Crisis Center from
First United Methodist Church, Orange Coast Young
Men's Christian Association, David A. Tosh and
Richard M. Geller were presented.
A letter from Peggy and Ralph Short urging that
money be allocated for the "YEP" Program in the
Marine Department was presented.
The Council agreed to take straw votes on the check
list prepared by the City Manager of items which
will or will not be inlcuded in the 1979/80 budget,
with green indicating "yes" and red "no."
1. City Council
Ayes
x
x
x
x
(a) $750 for NOISE Conference -
Noes
x
x
Approved
2. City Clerk
Ayes
x
x
x
(a) $50 Newport Harbor Chamber of Com-
Noes
x
x
x
merce Dues - Disapproved
All Noes ,
(b) $85 Newport Harbor Chamber of Com-
merce meetings - Disapproved.
The City Manager explained that, procedural -
ly, the failing tie vote on 2(a) meant that the
item had failed to be removed from the
budget.
The Council agreed to re -vote on 2(a) and to
proceed from 2(c) through the list using
motions.
Motion
x
(a) Councilman Heather made a motion to
Ayes
x
reimburse the City Clerk for the $50
Noes
x
x
x
x
x
dues for the Chamber of Commerce,
which motion failed.
$50 was disapproved.
Motion
x
(c) Councilman Hummel made a motion
All Ayes
that the $3,250 for microfilming not
be restored, which carried.
$3,250 was disapproved.
3. City Attorney
Motion
x
(a) Councilman Hummel made a motion
Ayes
x
x
x
x
x
& that the $13,750 for a legal secretary
Noes
x
(b) and the $2,335 for retirement, health
and life insurance, etc. not be replaced
in the budget, which carried.
$16,085 was disapproved.
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4. Nondepartmental
x
(a) Councilman Hart made a motion to
Ayes
x
x
x
x
include the $750 dues for NOISE in the
Noes
x
x
Budget, which carried.
$750 was approved.
Motion
x
(b) Mayor Ryckoff made a motion to add
All Ayes
an additional $50,000 for the Airport
Growth Control Fund, which carried.
$50,000 additional was approved.
Motion
x
(c) Councilman Strauss made a motion to
All Ayes
include $2,400 in the budget for a
consultant for the West Newport
noxious gas problem, which carried.
$2,400 was approved.
Motion
x
(d) Mayor Pro Tern Williams made a
All Ayes'
motion to include $3,170 in the Budget
for the Arts Commission, which
carried.
t
$3,170 was approved.
5. Fire Suppression
Motion
x
(a) Mayor Ryckoff made a motion for the
& $48,510 for three additional Firemen
(b) (frozen last year) and the $12,960 for
Retirement, Health and Life Insur-
ance, etc. to be eliminated as proposed.,
The following people addressed the Council
and opposed elimination of the three
positions: Fire Chief Reed; Larry Tegel,
representing the Firefighters; and Goldie
Joseph.
Sue Ficker addressed the Council and asked
that the Balboa Fire Station be kept at full
strength.
Ayes
x
x
x
x
x
A vote was taken, and the $61,470 for (a) and
Noes
x
(b) was disapproved.
Motion
x
Mayor Pro Tern Williams made a motion to
All Ayes
hire three CETA Firemen full time, which
motion carried.
6. Marine
Motion
x
(a) Councilman Hart made a motion to
Ayes
x
x
x
x
include $10,000 for the Lifeguard
Noes
x
x
Cadet Program in the budget, which
carried.
$10,000 was approved.
Motion
Ayes
x
(b) Mayor Pro Tern Williams made a mo-
Noes
x
x
x
x
tion that $8,000 for additional parking
•
x
x
lot supervision not be included in the
budget, which carried.
$8,000 was disapproved.
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ROLL CALL INnFx
7. Community Development
0tion
x
(a) Councilman Heather made a motion to
Ayes
x
x
(b) include in the Budget $23,395 for a
Noes
x
x
x
x
Plan Checking Engineer with $3,380
(c)
for Retirement, insurance, etc., and
&
$18,350 for a Code Enforcement
(d) Officer with $2,835 for Retirement,
insurance, etc., which failed.
$47,960 was disapproved.
8. Electrical
Motion
x
(a) Councilman Strauss made a motion
All Ayes
& that $15,990 for an Electrician II with
(b) $2,580 for Retirement, Health and
Life Insurance, etc. not be included in
the Budget, which carried.
$18,570 was disapproved.
9. Public Works Administrative and Engineering
Motion
x
(a) Councilman Hart made a motion to
Ayes
x
x
x
x
& include in the Budget $25,005 for a
Noes
x
x
(b) Civil Engineer and $3,560 for Retire-
ment, Health and Life Insurance, etc.,
which carried.
$28,565 was approved.
10. Parks, Beaches and Recreation
Motion
x
(a) Mayor Ryckoff made a motion to
Ses
x
x
x
x
x
include in the budget $600 for two
es
x
Commissioners to attend the annual
conference in Sacramento, which
carried.
$600 was approved.
(b) Councilman Heather withdrew her
request to increase the Harbor Area
Baseball Program by $11,500.
Motion
x
Mayor Pro Tern Williams made a
Ayes
x
x
x
motion to add an additional $3,500 to
Noes
x
x
x
bring the amount to $7,000 as in
1978 -79, which motion failed.
No additional funds were approved.
11. Marinapark
Motion
x
(a) Mayor Ryckoff made a motion to
All Ayes
increase the Marinapark Manager's
allowance by $78 a month, which
carried.
$940 was approved.
12. Capital Improvements
Motion
x
(a) Councilman Hummel made a motion to
Ayes
x
x
x
x
x
not include the $10,000 for a traffic
Noes
x
report on Corona del Mar Freeway -
Bristol Street Corridor, which carried.
$10,000 was disapproved.
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13. $84,000 to widen sidewalks on Balboa Island
Bridge.
Motion
x
Mayor Ryckoff made a motion to have the
money in the Budget, but earmarked for
bicycle trail use.
The following people addressed the Council
and urged approval of the funds: Don Tyler,
representing the Balboa Island Improvement
Association; Doug Dreyer, representing the
Bicycle Trails Citizens Advisory Committee;
Jim Dodds; Gail Vinje Smith from the Balboa
Island Improvement Association; Betsy
MacKenzie and Bill Hardesty.
Ayes
x
x
x
A vote was taken on Mayor Ryckoff's motion,
Noes
x
x
x
which motion failed.
Motion
x
Councilman Heather made a motion to recon-
Ayes
x
x
x
x
x
sider this item on June 25, which motion
Noes
x
carried.
14. $138,000 for the Balboa Island Community
Building.
Motion
x
Mayor Ryckoff made a motion to approve this
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money for the Community Building.
Stan Cole, speaking for the Parks, Beaches
and Recreation Commission, addressed the
Council and opposed this use for the funds.
Ayes
x
x
x
x
x
A vote was taken on Mayor Ryckoff's motion
Noes
x
which motion carried.
$138,000 was approved.
15. $17,310 for various items to furnish the
OASIS Center.
Stan Cole, for the Budget Committee of the
Parks, Beaches and Recreation Commission,
addressed the Council and opposed these
items.
Alex Schvarz, a member of Friends of OASIS,
addressed the Council in favor of keeping the
funds in the Budget for the Oasis Center.
Motion
x
Mayor Ryckoff made a motion to delete the
Ayes
x
x
x
x
$17,310 from the Budget, which carried.
Noes
x
x
$17,310 was disapproved.
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16. Request of the YMCA for the addition of
$25,000 to the Budget for a Family Crisis
Center, to come from Revenue Sharing
Funds.
Jim de Boom, Executive Director for the
YMCA, addressed the Council and stated that
they now felt that they could settle for
$4,000 in funding from Newport Beach.
Mike Ashe addressed the Council and urged
funding for the Family Crisis Center.
Motion
x
Councilman Strauss made a motion to include
Ayes
x
x
x
$4,000 for the YMCA, which carried.
Noes
x
x
$4,000 was approved.
Abstain
x
Kevin Hardy, representing the Corona del Mar Key
Club, addressed the Council regarding the various
programs in which they participate, and asked that
$2,000 be included in the Budget for their programs.
Motion
x
Mayor Pro Tern Williams made a motion to not
Ayes
x
x
x
include the $2,000 for the Key Club in the Budget,
Noes
x
x
x
which failed.
x
Councilman Heather made a motion to include
es
0
x
x
$2,000 for the Key Club , which failed.
oeotion
s
x
x
x
x
$2,000 was disapproved.
Motion
x
The hearing was closed after it was determined that
All Ayes
no one else desired to be heard.
Motion
x
Resolution No. 9565, adopting the Budget for the
R -9565
All Ayes
1979 -80 Fiscal Year, was adopted.
6. Mayor Ryckoff opened the public hearing to consider
Legal
proposals received by the City Clerk on or before
Notices
the hour of 7:00 p.m. on June 11, 1979 for a contract
(547)
covering the publishing and printing of all legal
notices or other material required to be published in
a newspaper of general circulation published and
circulated in the City of Newport Beach for the
fiscal year ending June 30, 1980, Contract No. 2091.
The City Clerk announced that there had been only
one bid received from the Newport Ensign to publish
legal notices for the fiscal year ending June 30, 1980
at the rate of $3.25 per column inch.
Motion
x
The bid was referred to staff for report back and
All Ayes
the hearing was continued to June 25, 1979.
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E. ORDINANCES FOR ADOPTION:
1. Ordinance No. 1808, being,
Councilmanic
Redistricting
AN ORDINANCE OF THE CITY OF
0 -1808
NEWPORT BEACH CHANGING AND
(513)
REDEFINING THE BOUNDARIES OF THE
COUNCILMANIC DISTRICTS OF THE CITY,
was presented for second reading.
Motion
x
Ordinance No. 1808 was adopted.
All Ayes
2. Ordinance No. 1809, being,
Police Tow
Truck
AN ORDINANCE OF THE CITY OF
Regulations
NEWPORT BEACH ADDING CHAPTER 5.13
0 -1809
TO THE NEWPORT BEACH MUNICIPAL
(1663)
CODE ENTITLED "TOW TRUCK
REGULATIONS,"
was presented for second reading.
Donald Smallwood addressed the Council and asked
for a finding regarding the reason for the number of
official tow trucks being limited to two.
Margot Skilling, President of West Newport Beach
Improvement Association, addressed the Council and
asked that adoption of the tow truck ordinances be
postponed to the next meeting to allow her Associa-
tion time to study them.
Motion
x
Ordinance No. 1809 was adopted.
All Ayes
3. Ordinance No. 1810, being,
Police Tow
Truck
AN ORDINANCE OF THE CITY OF
Service
NEWPORT BEACH AMENDING CHAPTER
0 -1810
5.15 OF THE NEWPORT BEACH MUNICIPAL
(1663)
CODE ENTITLED "REGULATION OF
NEWPORT BEACH POLICE OFFICIAL
POLICE TOW TRUCK SERVICE,"
was presented for second reading.
Motion
x
Ordinance No. 1810 was adopted.
All Ayes
4. Ordinance No. 1813, being,
Towed
Vehicles
AN ORDINANCE OF THE CITY OF
0 -1813
NEWPORT BEACH AMENDING SECTION
(1663)
12.40.030 OF THE NEWPORT BEACH
MUNICIPAL CODE RELATING TO THE
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RESPONSIBILITIES OF OWNERS OF
PRIVATE COMMERCIAL PROPERTY TO
HAVE AN ATTENDANT AVAILABLE TO
ADVISE PERSONS OF THE LOCATION OF
TOWED VEHICLES,
was presented for second reading.
Motion
x
Ordinance No. 1813 was adopted.
All Ayes
5. Ordinance No. 1811, being,
Handicapped
Parking
AN ORDINANCE OF THE CITY OF
0 -1811
NEWPORT BEACH ADDING CHAPTER 12.46
(3267)
TO THE NEWPORT BEACH MUNICIPAL
CODE ESTABLISHING ON- AND OFF-
STREET PARKING SPACES FOR
EXCLUSIVE USE OF PHYSICALLY
HANDICAPPED PERSONS WHOSE
VEHICLES DISPLAY A DISTINGUISHING
PLACARD OR LICENSE PLATE, PURSUANT
TO THE REQUIREMENTS OF SECTIONS
9105 AND 22511.5 OF THE CALIFORNIA
VEHICLE CODE,
was presented for second reading.
ion
Ayes
x
Ordinance No. 1811 was adopted.
.
Ordinance No. 1812, being,
Private Rds
0 -1812
AN ORDINANCE OF THE CITY OF
(3274)
NEWPORT BEACH AMENDING SECTION
12.66.010 OF THE NEWPORT BEACH
MUNICIPAL CODE TO SPECIFICALLY
INCLUDE THE APPLICATION OF THE
PROVISIONS OF TITLE 12 OF THE
NEWPORT BEACH MUNICIPAL CODE TO
CERTAIN PRIVATELY OWNED AND
MAINTAINED ROADS,
was presented for second reading.
Motion
x
Ordinance No. 1812 was adopted.
All Ayes
F. CONTINUED BUSINESS:
1. A report dated May 2, 1979 from Mayor Ryckoff
Traffic
regarding traffic generating factors was presented
Generating
with a report from the Traffic Engineer dated
Factors
June 4.
(3262)
Mayor Ryckoff presented an addendum to his report.
ion
x
Mayor Pro Tern Williams made a motion to refer the
report to the Planning Commission to use in their
ongoing General Plan activities.
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•
Robert Shelton of The Irvine Company addressed the
Council and presented a letter from The Irvine
Company, regarding the possible revision of the
30 %170% development phasing rule.
Ayes
x
x
x
x
x
A vote was taken on Mayor Pro Tern Williams'
Noes
x
motion, which motion carried.
2. A report was presented from the City Attorney
Boards &
regarding the Planning Commission appointments.
Commission
Appts
The Council agreed to make the selections from the
names submitted by the Appointments Committee
by assigning lights and voting. The resulting
appointments will be for four -year terms ending
June 30, 1983, unless otherwise specified.
BOARD OF LIBRARY TRUSTEES
(330F)
Red
x
x
x
x
x
x
The Mayor assigned the red light to Aileen Schrader
Green
and the green light to Donald Peterson, and Aileen
Schrader was appointed.
Red
x
x
x
x
x
The Mayor assigned the red light to Jean Hilchy and
Green
x
the green light to Martha Lou Thomas, and Jean
Hilchy was appointed.
CITY ARTS COMMISSION
(120F)
Green
x
x
x
The Mayor assigned the green light to Walter Ziglar
x
x
x
and the red light to Maudette Ball, with the vote
resulting in a tie.
Green
x
x
x
x
Another vote was taken, and Walter Ziglar was
Red
x
x
appointed.
Green
x
The Mayor assigned the green light to Betty
Red
x
x
x
x
x
Tessman and the red light to Ellen Isaacs, and Ellen
Isaacs was appointed.
PARKS, BEACHES AND RECREATION COMMIS -
(431F)
SION
Green
x
x
x
The Mayor assigned the green light to Douglas
Red
x
x
x
Ammerman and the red light to William Tappan with
the vote resulting in a tie.
Red
x
x
x
A second vote also resulted in a tie.
Green
x
x
x
Motion
x
This appointment and any others resulting in a tie,
All Ayes
was postponed to June 25, 1979.
Green
x
x
The Mayor assigned the green light to Chanceford
Red
x
x
x
x
Mounce and the red light to Stan Cole, and Stan
Cole was appointed.
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PLANNING COMMISSION
Motion
x
The appointment of the second candidate for the
Ayes
x
x
x
x
x
Planning Commission (Allan Beek or Judy Cooper)
Noes
x
was designated as a three -year term.
Green
x
x
x
x
x
The Mayor assigned the green light to Debra Allen
Red
x
and the red light to William Morris, and Debra Allen
was appointed.
Green
x
x
x
x
x
The Mayor assigned the green light to Allan Beek
Red
x
and the red light to Judy Cooper, and Allan Beek
was appointed.
Green
The Mayor assigned the green light to David Shores
Red
x
x
x
x
x
x
and the red light to Hal Thomas, and Hal Thomas
was appointed.
3. A report was presented from Wayne Schwammel,
Civil
Secretary to the Civil Service Board, submitting the
Service
recommendations of the Board for the vacancy on
Board
the Board.
(357F)
Motion
x
The names of Newton Ruston, Alexander Bowie and
All Ayes
Edwin Ramsey submitted by the Civil Service Board
were received by Council for consideration for
appointment of a member to the Board on June 25,
1979.
•
f. A report was presented from the Community Devel-
In -lieu
opment Department regarding the request of
Parking
Thomas B. Moon dated May 18, 1979 for Council
(1353)
review of the decision of the Planning Commission
in connection with comercial in -lieu parking in the
McFadden Square Municipal Parking Lot in conjunc-
tion with the remodeling of the existing Harbor
Glass Building into a two -story office building
located at 222 - 21st Street, on the easterly side of
21st Street, northerly of West Balboa Boulevard;
zoned C -2.
Tom Moon and his partner Leonard Levy addressed
the Council.
Motion
x
Mayor Ryckoff made a motion to overrule the
Ayes
x
x
decision of the Planning Commission, which motion
Noes
x
x
x
x
failed to carry.
i. CURRENT BUSINESS:
1. A report was presented from the Public Works
Coast Hwy
Department regarding street improvements on the
St Impry
southerly side of East Coast Highway between
Jamboree/
Jamboree Road and Avocado Avenue, Contract No.
Avocado
1990.
(3239)
•
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CITY OF NEWPORT BEACH
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ROLL CALL ��� p Tune 11. 1979 INDEX
�tion
x
The following resolutions were adopted:
�R!I Ayes
Resolution No. 9566 requesting the County of
R -9566
Orange to increase the Fiscal Year 1978 -79 Arterial
Highway Financing Program allocation for the con-
struction of street improvements on Coast Highway,
south side between Jamboree Road and Avocado
Avenue, Contract No. 1990, (AHFP #944).
Resolution No. 9567 awarding Contract No. 1990 to
R -9567
the Griffith Company for $196,196 and authorizing
the Mayor and City Clerk to execute the contract.
H. CONSENT CALENDAR:
Motion
x
The following actions were taken as indicated except for
All Ayes
those items removed:
1. ORDINANCES FOR INTRODUCTION - For intro-
duction and pass to second reading on June 25, 1979:
(a) Proposed Ordinance No. 1814, being, AN
Animal
ORDINANCE OF THE CITY OF NEWPORT
Control
BEACH AMENDING SECTION 7.20.020 OF
0 -1814
AND ADDING SECTION 7.20.030 TO THE
(862)
NEWPORT BEACH MUNICIPAL CODE PRO-
HIBITING ANIMAL NUISANCES ANYWHERE
•
IN THE CITY. (A report from the City
Attorney)
2. RESOLUTIONS FOR ADOPTION:
(a) Removed from the Consent Calendar.
(b) Resolution No. 9568 establishing the salary of
Salaries
the City Manager, City Attorney, City Clerk,
R -9568
Management, and other key employees for
(104F,
Fiscal Year 1979 -80. (Attached)
105F, 267F)
(c) Resolution No. 9569 declaring the City's
AB 1343
opposition to Assembly Bill No. 1343.
R -9569
(Attached)
(1429)
(d) Resolution No. 9570 advising the Arterial
Master Plan
Highway Financing Program Advisory Com-
AHFP
mittee that an amendment to the Master Plan
R -9570
of Streets and Highways has been adopted and
(29)
requesting the County of Orange to modify
its Master Plan of Arterial Highways within
the City to conform to the City's Master
Plan. (A report from the Public Works
Department)
(e) Resolution No. 9571 appointing Hugh R.
Acting City
Coffin, Acting City Attorney of the City of
Attorney
Newport Beach, and fixing the salary for that
R -9571
•
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position. (Attached)
(105F)
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(f) Resolution No. 9572 authorizing the Mayor
Police
and City Clerk to execute a Lease Purchase
Helicopter
Agreement between the City of Newport
R -9572
Beach and First Municipal Leasing
(943)
Corporation for a Police Helicopter.
(g) Resolution No. 9573 awarding a contract to
Pub Liab
Riviera Adjusters to provide adjusting
Insurance
services under the City's general liability
R -9573
insurance policy. (A report from the Assis-
(390)
tant to the City Manager)
(h) Resolution No. 9574 awarding a contract to
Ford Rd/
Griffith Company in connection with the Ford
MacArthur
Road and MacArthur Boulevard intersection
Intersection
modification (C- 1882); in the amount of
Modification
$455,387. (A report from the Public Works
R -9574
Department)
(2872)
(i) Resolution No. 9575 accepting the dedication
Resub 583
of an easement for bicycle trail and sidewalk
R -9575
purposes as a condition of approval of Resub-
(3272)
division No. 583 (southwesterly corner of
Jamboree Road and Campus Drive. (A report
from the Public Works Department)
3. COMMUNICATIONS - For referral as indicated:
•
(a) To staff for inclusion in ongoing study, a
letter from Mrs. Lowry D. Hughes expressing
her approval of traffic modifications
submitted by Brion Jeannette. (Attached)
(3261)
(b) To staff for reply, a letter from Mr. and Mrs.
W. E. McNair opposing one -way traffic on
(411)
Seashore Drive. (Attached)
(c) To Transportation Plan Citizens Advisory
Committee, a letter from Howard England
suggesting the re- opening of the Amtrak
station in Irvine for Los Angeles commuters.
(20)
(Attached)
(d) Removed from the Consent Calendar.
(e) To Mayor for letter of support, a letter from
the Orange County Health Planning Council
regarding their designation as health systems
agency for Orange County. (Attached)
(1830)
4. COMMUNICATIONS - For referral to the City Clerk
for filing and inclusion in the records:
(a) Copies of letters to the City Clerk and to
Councilman Strauss opposing Ordinance No.
1804: Frank C. Marshall, Patricia Keane,
Paul Langone, Helen Stephens, Mrs. Michael,
•
Eileen W. Foster, F. M. Blissert, Olive C.
Wiggenhorn, Lyda M. Hutton, and Mrs. J.
I
Ratnskow. (Attached)
(685)
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4ni I cni INDEX
•
(b) A letter from Hugh Mynatt opposing
Ordinance No. 1806. (Attached)
(2330)
(c) A letter from Virginia Whitehouse, 4th grade
teacher at Newport Elementary School, ex-
pressing her appreciation for the anti - litter
program and enclosing letters from 21 pupils.
(2046)
(Attached)
(d) A letter from Marguerite Snow expressing her
appreciation of the Newport Beach Fire
Department's service. (Attached)
(311)
(e) An open letter to the Mayor of Newport
Beach from Gordon. H. West, President of the
Newport Harbor Area. Chamber of Commerce,
regarding the Chamber's traffic
questionnaire. (Attached)
(3261)
(f) A letter to the Newport Beach City Council
from J. B. Wassall regarding Council pro-
cedures concerning Chamber of Commerce
questionnaires. (Attached)
(3261)
(g) A letter from Southern California Edison
Company stating that the division of property
shown on the Final Parcel Map of Resub No.
601 will not unreasonably interefere with the
•
exercise of their easements.
(3273)
(h) Copy of a letter to the Chief of Police from
Orange County Human Services Agency re-
garding the annual jail inspection. (Attached)
(608)
(i) Comment from Rita K. White protesting the
traffic survey of the Chamber of Commerce.
(3261)
(Attached)
(j) Notice of hearing on June 13 to determine if
funding of the City of Buena Park's San
Marino Park Handball Court Development
should be undertaken by the Harbors, Beaches
and Parks District.
(20)
(k) Notice of hearing on June 13 to determine if
funding of the City of San Clemente's Linda
Lane Park Beach Access and San Gorgonio
Park development should be undertaken by
the Harbors, Beaches and Parks District.
(20)
(1) Notice of hearing on June 13 to determine if
funding of the City of Yorba Linda's Tennis
Courts Development should be undertaken by
the Harbors, Beaches and Parks District.
(20)
(m) Resolution of the City of Costa Mesa
requesting an amendment to Section 3202 of
•
the Labor Code of the State of California.
(1429)
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COUNCILMEN MINUTES
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ROLL CALL �J'� 9 s Tune 11. 1979 INDEX
•
(n) Letter from the Local Agency Formation
Commission regarding action to be taken on
June 13 in connection with annexations to the
Costa Mesa Sanitary District designated
Engineering Nos. 184, 185, 186, 187, 188, 189,
190, 191 and 192. None of the annexations
are within the City of Newport Beach or the
City's sphere of influence. (Attached)
(20)
(o) Agenda of the Board of Supervisors meetings
held May 29, 30, June 5 and 6, 1979.
(20)
5. CLAIMS FOR DAMAGES:
For denial and confirmation of the City Clerk's
Claims
referral to the insurance carrier:
(a) Claim of Alex J. Forgette for property
Forgette
damage on April 8, 1979 when he was driving
(3275)
his vehicle on El Capitan Street and allegedly
struck a protruding manhole cover.
(b) Claim of Violet L. Alexander for property
Alexander
damage on April 4, 1979 at 318 Via Lido Nord
(3276)
which allegedly occurred when a City sewer
line backed up into her home.
(c) Claim of Gary Lane for property damage
Lane
•
allegedly incurred on April 22, 1979 when his
(3277)
car was struck by a Police vehicle on Pacific
Coast Highway.
(d) Claim of Nadine L. Grim for personal injuries
Grim
on February 29, 1979 as the result of an
(3278)
automobile accident at the Santa Ana River
Bridge on Coast Highway alleging negligence
on the part of the City in maintaining the
State Highway.
For confirmation of the City Attorney's referral to
the County Counsel, and authorization to the County
Counsel to appear and defend the interest of the
City of Newport Beach in this proceeding. (A
report from the City Attorney)
(e) Claim of Southern Pacific Transportation
So Pacific
Company, et al. for refund of property tax
Trans Co
for the fiscal year 1977 -78.
(3279)
6. SUMMONS AND COMPLAINTS- For confirmation
of the City Clerk's referral to the insurance carrier:
(a) Summons and Complaint of Florence Toscano
Toscano
for Personal Injuries, Case No. 35602 in the
(3194)
Orange County Municipal Court. Original
claim was for personal injuries sustained
when she was crossing the street and tripped,
•
allegedly from holes in the pavement on
November 12, 1978.
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•
(b) Summons and Complaint of John and Barbara
Franklin
Franklin for the wrongful death of Jeffrey K.
(2926)
Franklin, Case No. 29 -93 -09 in Orange
County Superior Court. Original claim was
for wrongful death occurring on January 1,'
1978 in an automobile accident.
(c) Summons and Complaint of Alvey C. Beatty
Beatty
for property damage, Case No. 34670 in
(3057)
Orange County Superior Court. Original
claim was for property damage received when
sewer pipes had to be replaced due to the
roots of a City tree.
(d) Summons and Complaint of John A. Buzzanca
Buzzanca
for Personal Injuries, Case No. 35703 in
(3199)
Orange County Municipal Court. Original
claim was for personal injuries sustained
when he was a passenger in a car which was
involved in an automobile accident with a
City vehicle.
7. REQUEST TO FILL PERSONNEL VACANCIES - For
(1203F)
approval: (A report from the City Manager)
(a) One Equipment Operator II in the General
Services Department to fill a position now
•
vacant.
(b) One Steno Clerk I in the Public Works
Department to fill a position now vacant.
(c) One Utilities Leadman in the Utilities
Department to fill a position now vacant.
(d) Four Police Officers in the Police
Department to fill positions now vacant.
(e) One Engineering Aide III in the Public Works
Department to fill a position now vacant.
(f) Three Police Clerks I in the Police
Department to fill positions now vacant.
8. STAFF AND COMMISSION REPORTS - For
Council's information and filing:
(a) Removed from the Consent Calendar.
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•
9. PUBLIC HEARING SCHEDULING - Set for public
hearing June 25, 1979:
(a) Public hearing and review of City Council
Use Permit
direction to staff on May 14, 1979 in
1053
connection with Use Permit No. 1053,
Amended, a request of Yves Briee and Yvan
Humbert to amend a previously approved use
permit which permitted the establishment of
a restaurant facility with on -sale alcoholic
beverages on the site. Proposed changes
include (1) the elimination of all off -site
parking, (2) the construction of a two-level
parking structure on site, and (3) the con-
struction of a screen wall and landscaping
with an exit only onto Westminster Avenue.
(A report from the Community Development
Department)
10. FAR WEST SERVICES, INC. - For acceptance of the
Donations
donation of $1,980.00 by Far West Services, Inc. to
(2592)
the Newport Beach Police Department, Detective
Division, with formal presentation of the award on
June 25, 1979. (Letter from Far West Services, Inc.
attached)
11. TRAVEL EXPENSE - Approval of expenses of Mayor
Expense
Ryckoff in the amount of $40.99 for attendance at a
Report
.
League of California Cities Conference in Sacra-
mento from May 20 to May 22, 1979.
12. SOUND AMPLIFICATION PERMIT - Approval of the
Sound
application of Lance Wood for live music and sound
Amplification
amplification for a graduation party at 1921 Diana
Permit
Lane, Newport Beach on June 15, 1979 from 8:00
(1564F)
p.m. to 12:00 a.m. (Attached with Police report)
13. BUDGET AMENDMENTS - For approval:
BA -056, $3,750.00 increase in Budget Appropriations
and increase in Revenue Estimates for purchase of 5
Disk Paks and contract programming for Office of
Traffic Safety Federal Grant and set -up revenue,
from Unappropriated Surplus to Traffic and Parking,
Services - Professional, Technical, etc. and Equip-
ment, N.O.C., General Fund.
BA -057, $36,500.00 increase in Budget
Appropriations for the construction of improvements
on the southerly side of Coast Highway between
Jamboree Road and Avocado, from Unappropriated
Surplus and Donations and Contributions, Arterial
Highway Financing Fund 20.
BA -058, $36,500.00 transfer of Budget Appropri-
ations for the construction of improvements on the
southerly side of Coast Highway between Jamboree
•
Road and Avocado, from Install /Upgrade Traffic
jSignals
to Improve Southerly Side Pacific Coast
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CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
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•
I. ITEMS REMOVED FROM THE CONSENT
CALENDAR:
Motion
'-x
1. A letter from SPON with suggestions regarding
OrCo
All Ayes
Orange County Airport is to come back to Council
Airport
on June 25, 1979.
(195)
2. A report was presented from the Parks, Beaches and
OCT13
Recreation Commission recommending that the City
(1509)
Council communicate to the Board of Directors of
the Orange County Transit District the need to
reroute bus service to accomodate users of the Oasis
Senior Citizen facility.
Motion.
x
The recommendations of the Parks, Beaches and
All Ayes
Recreation Commission were approved.
3. A report was presented from the City Manager
Animal
regarding a proposed animal impound agreement
Control
with the Newport Hills Animal Hospital.
(862)
A letter from Dr. James J. Tapper of the Balboa
Animal Hospital was presented.
Motion
x
Resolution No. 9576, authorizing the Mayor and City
R -9576
All Ayes
Clerk to execute an Animal Control Agreement
between the City of Newport Beach and the New-
port Hills Animal Hospital, was adopted.
Carol Westling addressed the Council protesting a
$25.00 neutering fee which she had paid to the
Balboa Animal Hospital prior to adopting a pet and
asked if Council could assist her in getting the
money refunded.
J. ADDITIONAL BUSINESS:
Motion
x
The Mayor was authorized to spend up to $10,000, if
Oil Sanctuary
All Ayes
necessary, in connection with supporting the City's
Legislation
position regarding the oil drilling offshore from
(106)
Newport Beach.
There being no further business to come before the
Council, the Mayor adjourned the meeting at 12:50 a.m.,
June 12, 1979.
Mayor
ATTEST:
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CITY CLERK
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