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HomeMy WebLinkAbout07/23/1979 - Regular MeetingCOUNCILMEN y0y ROLL CALL d' 9 CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:00 P.M. Date: July 23, 1979 MINUTES INDEX !sent A. ROLL CALL. x x x x x x x Motion x B. The reading of the Minutes of the Regular Meeting All Ayes of July 10, 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 National Council review of a request of National Education Education Company to consider a Traffic Study for a proposed Company office building containing 72,000 sq. ft. on property (3307) located at 4401, 4423 and 4443 Birch Street, on the westerly side of Birch Street approximately 700 ft. northerly of Dove Street, near the John Wayne Airport; zoned M -1 —A. A report was presented from the Community Development Department. Maury Sherman, in behalf of the National Education Company, addressed the Council. x The hearing was closed after it was determined that 1Wtion Ayes no one else desired to be heard. Motion x The decision of the Planning Commission was All Ayes sustained. E. ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1816, being, Skateboard/ Rollerskating AN ORDINANCE OF THE CITY OF Regulations NEWPORT BEACH ADDING CHAPTER 5.75 0 -1816 TO THE NEWPORT BEACH MUNICIPAL (2330) CODE REGULATING ROLLER SKATE RENTAL ESTABLISHMENTS. A report was presented from the Community Development Department. The following people addressed the Council and opposed the adoption of the ordinance: Jim Toledano, attorney representing N.O.R.M.A.; Bob Gannon, attorney representing Roller Skates Newport; and Steve Kaeser, owner of Balboa Skate and President of N.O.R.M.A. The following people addressed the Council in support of the ordinance: Aileen Schrader, Gail • i Vinje Smith of Balboa Island Improvement Association who stated the majority of the Board isupported the ordinance, and John Shea. Motion x I Ordinance No. 1816 was adopted. All Ayes i I Volume 33 - Page 204 CITY OF NEWPORT BEACH COUNCILMEN MINUTES yeti C, _9 F 9OTyG2� F s ROLL CALLf �J'� 9 July 23. 1979 INDEX. • F. CONTINUED BUSINESS: 1. A report was presented from the City Manager City -owned regarding the Joint tease between the City and the Property/ Orange Coast Young Men's Christian 6000 W Association /Balboa Power Squadron. Coast Hwy (1459) Jim DeBoom, Executive Director of the Orange Coast Y.M.C.A. and Fred VanderWeele of the Balboa Power Squadron addressed the Council and asked that both entities be charged only $1.00 per year rental and allowed to jointly make the necessary improvements in the building amounting to approxi- mately $10,000. Motion x Resolution No. 9605, authorizing the Mayor and City I2 -9605 All Ayes Clerk to execute a Joint Lease Agreement between the City and Orange Y.M.C.A. and Balboa Power Squadron, was adopted. 2. A report from the Traffic Affairs Committee Security regarding the request for security gates by the Gates Newport Beach Townhouse Owners Association was (3284) presented. Motion x The item was referred to staff for further study. All Ayes I. A report was presented from the Public Works Department regarding cost estimates for improve- General Plan (673) ments needed to complete the circulation system to its designated classification. The following people addressed the Council in support of the approach being taken, and /or supporting in concept the Action Team: Chuck Hirsch, Chairman of the Transportation Committee of the Chamber of Commerce; Robert Shelton; Gordon West, President of the Chamber of Commerce; Glenn Martin; and Jean Watt, representing S.P.O.N. Motion x The formation of an action team, as discussed, was All Ayes approved in concept, the. Mayor was authorized to appoint a ten - member team representing various points of view after the duties have been established and the Mayor Pro Tern was directed to work with the staff to prepare a resolution authorizing the formation of an action team and setting forth the duties to be brought back on August 27. Motion x 4. A copy of a letter from the City of Garden Grove to. State Bail - All Ayes Senator Paul Carpenter stating that city's opposition Out Funds to Assembly Bill 8 and Senate Bill 186, and a report (3308) from the City Manager regarding a synopsis of Assembly Bill No. 8 were received and ordered filed. I �I Volume 33 - Page 205 I CITY OF NEWPORT BEACH COUNCILMEN MINUTES yG y 1, mss. yFS� C 4¢, �'� 9l yG 22 s, ROLL CALL �s'� INDEX 5. A letter from Mother Lode Friends of the River water • regarding the New Melones Darn and recommending (776) the 808 -foot compromise level was presented. Motion x Resolution No. 9606, supporting the Mother Lode R -9606 Ayes x x Friends of the River position on the compromise Noes x 808 -foot level filling of the New Melones Dam, Abstain x x x x failed adoption. 6. A report was presented from the Marine Department CdM Beach regarding traffic control at Corona del Mar main Prkg Lot beach parking lot. (1312) The following people addressed the Council and asked that the traffic control be extended for the period September 15 through June 15: Brooks Bernard and Jack Larson. Motion x No action was taken. All Ayes 7. A letter from Ford Aerospace & Communications Aeronutronic Corporation/Eagle Development Company /Daon Ford P -C Dev/ Southwest requesting reconsideration of Ordinance Resub 629' No. 1807 establishing the planned community Tract 10391 development standards for Aeronutronic Ford, (3265) Amendment No. 532, Resubdivision No. 629, Tentative Map of Tract No. 10391 and the request for the approval of a Phasing Plan for the remaining development in the Aeronutronic Ford P—C District . was presented. Motion x The City Council resumed jurisdiction, referred the Ayes x x x x x project to the Planning Commission and set a public Noes x x hearing before the Commission for August 9, and set for public hearing before the Council on August 27. G. CURRENT BUSINESS: 1. A report was presented from the City Manager Election - regarding election dates. Municipal 1980- Michael Christiansen addressed the Council and (12) urged that the Council measure be placed on the ballot in April, 1980 rather than November, 1979. Motion x The staff was directed to prepare the necessary All Ayes documents to place the measure on the ballot to amend the Charter to change the election dates to allow for consolidation of Municipal Elections with the School and Special District Elections in November of odd - numbered years, and providing for the election of three Council seats in April, 1980 for terms expiring in November, 1983 and for an election in April, 1982 for four seats, with terms • ending in November, 1985. I i Volume 33 - Page 2D6 CITY OF NEWPORT BEACH COUNCILMEN MINUTES ji p ' 9G'22 ROLL CALLS 'iP 9 July 23, 1979 INDEX • 2. A report was presented from the Public Works Encroachment/ Department regarding encroachment permit to Ray Bayside Dr Kunkle for slope grading at 322 Heliotrope. R -p -W 3309) Motion x The issuance of an encroachment permit to allow All Ayes slope grading at 322 Heliotrope to encroach into Bayside Drive right -of -way was approved, subject to the prior issuance of a grading permit. Mayor Ryckoff stepped down from the Council table prior to consideration of the next item. 3. A report was presented from the Public Works Traffic Department regarding a contract for the aerial Control photography portion of Traffic Control Device (3310) Inventory Grant. Motion Resolution No. 9607, authorizing the Mayor and City R -9607 Ayes x x x x x x Clerk to execute a contract between the City and Absent x VTN for aerial photography portion of Traffic Control Device Inventory Grant, was adopted. Mayor Ryckoff resumed his seat at the Council table. 4. A letter from Gloria Shoemaker was presented City Arts resigning from the City Arts Commission because Comsn she will no longer be a resident of the ity. (120F) • Mayor Ryckoff stated that th - Appointments Committee was nominating. Ball and Betty Tessman for consideration on August 13 in connection with the vacancy. Motion x Mrs. Shoemaker's resignation was accepted with All Ayes regret, and the City Clerk was directed to prepare a Certificate of Appreciation. 5. Letters from Dick Clucas and G. Edmund Siebel, Jr. Trans Plan were presented resigning from the Transportation CAC Plan Citizens Advisory Committee. (960170 Motion x The resignations of Mr. Clucas and Mr. Siebel were All Ayes accepted with regret, the City Clerk was directed to prepare Certificates of Appreciation, and Councilman McInnis' and Councilman Hummel's appointments to fill the unexpired terms . were postponed to August 13, 1979. 6. A letter from Harold Thomas was presented CEQAC resigning from the Environmental Quality Citizens (1058F) Advisory Committee. Motion x Mr. Thomas' resignation was accepted with regret, All Ayes the City Clerk was directed to prepare a Certificate of Appreciation, and Councilman Strauss' appointment of Lee Spencer to fill the unexpired . i term ending December 31, 1979 was confirmed. I ! i i I Volume 33 - Page 207 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 3�'\ y�o ti9s22�c1� F ROLL CALL �d'� 9 s July 23. 1979 INDEX • 7. A letter from Dean French was presented asking Food Handling Council to review the decision of the Orange County Establishments Health Department to suspend the health permit for (2022) food sales at the Surfside Too restaurant, and asking for permission to appear before the Council. Sid Soffer, representing Mr. French, addressed the Council and asked that the decision of the Orange County Health Department suspending the health permit for food sales at the Surfside Too restaurant be overruled. Motion x Mr. Soffer was granted two additional minutes for All Ayes his presentation. No action was taken on the item, and the Council agreed that staff would report back with additional information. H. CONSENT CALENDAR: Motion x The following actions were taken as indicated except for All Ayes those items removed: 1. ORDINANCES FOR INTRODUCTION - For introduction and pass to second reading on August 13, 1979: • (a) Removed from the Consent Calendar. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 9608 authorizing the Mayor Balboa and City Clerk to execute an Amendment to Island Bridge Agreement for Professional Engineering R -9608 Services between the City of Newport Beach (725) and Boyle Engineering Corporation in connection with the Balboa Island Bridge Rehabilitation (C- 2014). (A report from the Public Works Department) (b) Resolution No. 9609 approving the Bicycle Trails application for bicycle and /or pedestrian R -9609 funds authorized under S 821 and (205F) authorizing the City Manager . or his , designated representative to make application for the funds and to act as the City's contact person. (A report from the Public Works Department) (c) Removed from the Consent Calendar. (d) Resolution No. 9610 authorizing the Resub612 Mayor and City Clerk to execute a R -9610 Subdivision Agreement between the City and (3313) Pacific Mutual Insurance Company in connection with the completion of public • improvements (excepting the Newport Center i Drive /Santa Barbara traffic signal) required with Resubdivision No. 612. (A report from the Public Works Department) � i i i Volume 33 -Page 208 � CITY OF NEWPORT BEACH COUNCILMEN MINUTES 3� 0 tiyG22 ROLL CALL s'� July 23, 1979 nincv • (e) Resolution No. 9611 authorizing the Mayor Resub 612 and City Clerk to execute a Subdivision R -9611 Agreement between the City and Pacific (3313) Mutual Insurance Company in connection with the completion of traffic signalization at the intersection of Newport Center Drive and Santa Barbara Drive (Resubdivision No. 612). (See above report) 3. COMMUNICATIONS - For referral as indicated: (a) To staff for reply, a letter from Dee Dee Masters with suggestions to alleviate the parking problems in Corona del Mar. (3314) (Attached) (b) To staff for reply, a letter from A. J. Wevill regarding traffic congestion on the Peninsula. (1154) (Attached) (c) To staff for reply and carbon copy to City Council, a letter from Richard J. Berryhill regarding the use of plain clothes animal (862) control officers. (Attached) (d) To staff for reply, a letter from the California Regional Water Quality Control Board - Santa Ana Region regarding the dredging project at 2702 Bayshore Drive. (304F) (Attached) (e) To Litter Control Citizens Advisory Committee, a letter from Isabelle Ozanian protesting the trash problem along Edgewater on the Peninsula. (Attached) (273) (f) To staff for reply, a letter from Sharron V. Ohland requesting trash pick' up, twice a week during July and August. (Attached) (273) 4. COMMUNICATIONS - For referral to the City Clerk for filing and inclusion in the records: (a) Public service report by the California Water Resources Association. (Attached) (576) (b) A letter from the Newporter Inn expressing appreciation for the services of the Newport Beach Fire Department in providing C.P.R. Training, and recognizing Ms. Dixie Anders for her fine efforts. (Attached) (311) (c) A letter from Joseph R. Grothus expressing thanks to Ms. Dixie Anders and to the City for providing a service to the Corona del Mar High School in connection with Mrs. Anders' presentation of a program on fire safety and • mouth -to -mouth resuscitation for the Health i and Safety Education Class. (Attached) (311) i Volume 33 - Page 209 CITY OF NEWPORT BEACH COUNCILMEN MINUTES ON d` N ROLL CALL �J'� 9�s July 23. 1979 1Nr)FY • I (d) A letter from Dan Connelly congratulating the Council on its response to recent charges of "Police brutality." (Attached) (1622) (e) A letter from the City of Buena Park expressing appreciation for Newport Beach's vote on behalf of their Councilman Jesse M. Davis for appointment to the Orange County Transportation Commission. (2523) (f) Twenty -seven letters in support of Operation (2330) Safe Skate. (g) A letter from Winton Ashton enclosing an editorial from the July 5 Newport Ensign regarding the proliferation of undesirable elements in the City. (Attached) (600) (h) Letters dated July 1 and July 4 from Al "King Alfonso" Lizanetz regarding the criminal element infiltration in the City. (600) (i) A letter from Southern California Edison Company stating that the division of property shown on Final Parcel Map No. 79 -716 will not unreasonably interfere with any easement(s) held by them within the • boundaries of said parcel map. (20) (j) Notice of public hearing by the Board of Supervisors on July 25 to determine if the Harbors, Beaches and Parks District should expend funds for the acquisition of Lower Santiago Creek Regional Park. (20) (k) Minutes of the Local Agency Formation Commission meeting for June 27, 1979. (20) (Attached) (1) A resolution of the City of Westminster opposing the passage of Assembly Bill 787 relating to professional sports team siting. (1429) (m) A resolution of the City of Westminster supporting Peripheral Canal legislation, Senate Bill 200 as amended May 7, 1979. (1429) (n) Agenda for the Board of Supervisors meetings of July 10, 11, 17 and 18, 1979. (20) (o) Removed from the Consent Calendar. 5. CLAIMS FOR DAMAGES - For denial and confirma- Claims tion of the City Clerk's referral to the insurance carrier: • (a) Claim of Linda Land for property damage on June 24, 1979 when one of the five boat Land (3315) i i Volume 33 - Page 210 CITY OF NEWPORT BEACH COUNCILMEN MINUTES s� 4iC Rp � ROLL CALL v �.a.. )1 1090 INDEX • masts being transported by her in her van was allegedly pushed into the front window of the van when she closed the back hatch and caused a crack in the front window. (b) Claim of LeRoy Keller for personal injuries Keller allegedly sustained on April 10, 1979 when he (3316) participated in the B.U.R.B.A.N.K. Fire Control III. (c) Claim of Jessica Lynn DiLullo for personal D iLullo injuries allegedly sustained in the 1000 block (3317) alley in Balboa on June 18, 1979 when she was roller skating around a trash can in the alley and a trash truck ran over the toes of her skates. 6. SUMMONS AND COMPLAINTS -For confirmation of the City Clerk's referral to the insurance carrier: (a) Summons and Complaint of Rita Babb for Babb personal injuries, Case No. 316463 in Orange (3 t47) County Superior Court. The original claim was for personal injuries sustained when she was arrested by the Police Department on October 27, 1978. • 7. REQUEST TO FILL PERSONNEL VACANCIES - For approval. (A report from the City Manager) (1203F) (a) One Steno Clerk II in the Building Division to fill a position now vacant. (b) One Fire Captain in the Fire Department to fill a position now vacant. (c) One Refuse Leadman in General Services Department to fill a position now vacant. (d) One Tree Trimmer III in the Parks Division to fill a position now vacant. (e) Four Police Officers in the Police Department to fill positions now vacant. (f) One Laborer in the General Services Department to fill a position now vacant. 8 , STAFF REPORTS - For Council information and filing: (a) A report from the Community Development Planning Comsn Department stating that the Planning (530F) Commission has elected Paul Balalis as Chairman, Helen McLaughlin as 1st Vice Chairman, Hal Thomas as 2nd Vice Chairman, • and Debra Allen as Secretary for the fiscal I year 1979 -80. iVolume i 33 - Page 21 1 CITY OF NEWPORT BEACH COUNCILMEN MINUTES �0 y 9G 22 ROLL CALL d' July 23, 1979 INDEX 4 I L ' I (b) A report from the City Librarian stating that 13oard of the Board of Library Trustees had elected Library Spencer D. Covert, Jr. as Chairman, Mary Trustees Richmond as Vice Chairman, and .lean (3301.) Hilchey as Secretary for the fiscal year 1979- 80. 10. SOUND AMPLIFYING PERMIT APPLICATIONS- Sound For approval: Amplifying (a) Application of Donna J. Mongero for musical Permits (1564) entertainment and dancing at a company picnic on July 28, 1979 at Newport Dunes from 7:00 p.m. to park closing (approximately 11:00 p.m.) (Attached with copy of Police Department investigation summary and Special Event application) (b) Application of Suzanne Swartz for micro- phones, amplifiers for instruments, speakers at Balboa Park from 12:00 noon to 4:00 p.m. on July 28, August 11 and August 25, 1979. (Attached with copy of Police Department summary and Special Event application) 11. BUDGET AMENDMENTS - For approval: BA -003 $14,350.00 increase in Budget Appropria- tions and increase in Revenue Estimates for contract with VTN for aerial photography with federal grant from California Office of Traffic Safety, from Unappropriated Surplus to Public Works - Traffic & Parking, Services - Professional, Technical, etc., General Fund. (See Agenda Item G -3) BA -004, $11,900.00 increase in Budget Appropria- tions and increase in Revenue Estimates for consultant assistance on Local Coastal Program, including preparation of elements on public access, parking, circulation and visitor serving facilities, from Unappropriated Surplus to Community Development, Services- Professional, Technical, etc., General Fund. (A report from the Community Development Department) BA -005, $1,980.00 increase in Budget Appropriations and increase in Revenue Estimates, donation from Far West, Inc. for purchase of cassette recorders, microcassette recorders, transcribers, telephone adapters and cassette tapes, from Unappropriated Surplus and Donations and Contributions to Police Detective, Equipment, N.O.C., General Fund. BA -006, Removed from the Consent Calendar. I. ITEMS REMOVED FROM THE CONSENT ' CALENDAR: 1. A report was presented from the City Manager Newport Pier regarding the request of W. Merting, Newport Pier (726) concessionaire, for a City contribution towards the construction of a rooftop sundeck. I � Volume 33 - Page 212 i CITY OF NEWPORT BEACH COUNCILMEN A�i�� v� 9G22 ROLL CALL ��' 9 s July 23 1979 •tion Motion All Ayes Motion All Ayes • Motion All Ayes Motion All Ayes • MINUTES INDEX Condominium Projects (3311) 0 -1817. City Song (3312) R -9612 Weed Abatement (150F) x Councilman McInnis made a motion to deny BA -006. x Councilman Strauss made a substitute motion to refer the Budget Amendment to the Budget Committee, which motion carried, and BA -006, $5,500.00 increase in Budget Appropriations for City's portion of roof -top sundeck at Newport Pier concession building, from Unappropriated Surplus, General Fund, was referred to the Budget Committee. 2. A report was presented from the Community Development Department regarding Planning Commission Amendment No. 529, a request to consider an amendment adding Chapter 20.73 to Title 20 of the Newport Beach Municipal Code as it pertains to condominium projects and condominium conversion projects, and the consideration of an Environmental Document. x Proposed Ordinance No. 1817, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 20.73 TO THE NEWPORT BEACH MUNICIPAL CODE ENTITLED "RESIDENTIAL CONDOMINIUM PROJECTS," was introduced and set for public hearing on August 27, 1979. 3. Beryl Melinkoff, Chairman of the City Arts Commission, addressed the Council and thanked them for considering the Halferty's song, and stated that Henry Brandon would be playing it on August 13. x Resolution No. 9612, adopting the song "That's My Newport Beach," music written by Guy Halferty and lyrics by Guy and Phyllis Halferty as the official song of the City of Newport Beach, was adopted. x 4. A letter to the Fire Chief from The Irvine Company concerning weed abatement procedures was referred to the City Clerk for filing and inclusion in the records. There being no further business to come before the Council, the Mayor adjourned the meeting at 11:15 p.m. r ATTEST: City Clerk i i i Volume 33 - Page 213 INDEX Condominium Projects (3311) 0 -1817. City Song (3312) R -9612 Weed Abatement (150F)