HomeMy WebLinkAbout09/10/1979 - Regular MeetingCOUfflM EN
�,
MINUTES
REGULAR COUNCIL MEETING
x
Place: Council Chambers
v�o�y9s22�
Diu'
Time: 7:00 P.M.
s s
Date: September 10, 1979
ROLL CALL
INDEX
Present
x
x
x
x
x
x
x
A. ROLL CALL.
Motion
x
B. The reading of the Minutes was waived; the Minutes
es
x
x
x
x
x
x
of the Regular Meeting of August 27, 1979 were
stain
x
approved as written and ordered filed; and the
Minutes of the Adjourned Meeting of August 28,
1979 were approved, as amended, 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 continued public hearing
Resub 624
regarding Resubdivision No. 624, a request of
(3245)
Virginia Dey to create one parcel of land to permit
the conversion of an existing triplex into a three -
unit residential condominium complex, located at
111 Via Lido Nord on Lido Isle; referred to the City
Council by the Planning Commission with no
recommendation.
A report was presented from the Community
Development Department.
John Dreyden, representing Virginia Dey, addressed
the Council and asked for a continuance to
October 9.
Motion
x
The hearing was continued to October 9, 1979.
�1 Ayes
2. Mayor Ryckoff opened the public hearing and
Rodrigues
Council review of the appeal of Clodomiro J.
Appeal
Rodrigues and Betty Rodrigues, Whittier, CA, from
(3318)
the decision of the Planning Commission on July 5,
1979, denying a request (Resubdivision No. 622) to
create one parcel of land to permit the conversion
of two existing dwelling units on the site into a two-
unit residential condominium complex on property
located at 518 -51854 Poinsettia Avenue, on the
southeasterly side of Poinsettia Avenue between
Second Avenue and Third Avenue in Corona del Mar,
zoned R -2.
A report was presented from the Community
Development Department.
Motion
x
The hearing was closed after it was determined that
. All Ayes
no one desired to be heard.
Motion
x
The decision of the Planning Commission was
All Ayes
sustained, Resubdivision No. 622 was denied, and the
fee was waived in the event the request for
resubdivision is refiled.
Volume 33 - Page 249
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ROLL CALL\ `r September 10
3. Mayor Ryckoff opened the public hearing regarding
Resub 636
Resubdivision No. 636, a request of Molina
(3331)
Enterprises to create one parcel of land to permit
•
the construction of a two-unit residential
condominium complex at 122 - 43rd Street, on the
southwesterly side of 43rd Street between West
Balboa Boulevard and Seashore Drive in West
Newport, zoned R -2; referred to the City Council by
the Planning Commission with no recommendation.
A report was presented from the Community
Development Department.
The following people addressed the Council in
support of Resubdivision No. 636: George Molina,
the applicant, who presented a letter which he read
in full, and Paul Shapiro.
Motion
x
The hearing was closed after it was determined that
All Ayes
no else desired to be heard.
Motion
x
Councilman McInnis made a motion to approve
Resubdivision No. 636.
Motion
x
Councilman Hummel made a substitute motion to
approve Resubdivision No. 636 if it could satisfy the
minimum lot size standards within the City as a
subdivision.
Motion
x
Councilman Strauss made a substitute motion to
Ayes
x
x
x
x
continue the hearing to October 9, 1979, which
�es
x
x
x
motion carried.
4. Mayor Ryckoff opened the public hearing and
Benabou
Council review of appeal of Mark Benabou from the
Appeal
decision of the Planning Commission on August 16,
(3346)
1979, denying a request (Use Permit No. 1914) for
approval of an existing take -out restaurant facility
(Island Fish Factory) and waiver of the required off -
street parking spaces in conjunction with said use at
322 Marine Avenue, on the easterly side of Marine
Avenue between East Bay Front and Balboa Avenue
on Balboa Island, zoned C -1.
A report from the Community Development
Department with a copy of the appeal application
was presented.
A letter from the Balboa Island Improvement
Association opposing Use Permit No. 1914 was
presented.
Gail Vinje Smith and Betty Felling addressed the
Council in opposition to Use Permit No. 1914.
Motion
x
The hearing was closed after it was determined that
All Ayes
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no one else desired to be heard.
Motion
x
The decision of the Planning Commission was
All Ayes
sustained and Use Permit No. 1914 was denied.
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COUNCILMEN MINUTES
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ROLL CALL ��� s September 10. 1979 INDEX
5. Mayor Ryckoff opened the public hearing regarding
Tract 10019
Tentative Map of Tract No. 10019, a request of The
Irvine Company to subdivide 80.5± acres into ten lots
•
for industrial /office development and two lots for
public streets in the North Ford Planned
Community, and the acceptance of an
Environmental Document on property bounded by
the extension of Bison Avenue, Camelback Street,
Jamboree Road, the extension of Eastbluff Drive
and MacArthur Boulevard, zoned P--C.
A report was presented from the Community
Development Department.
A subcommittee report dated August 9, 1979 to the
Planning Commission from Commissioner Tim
Haidinger was presented recommending that the
General Plan be changed to provide for residential
development on this site at a density of three per
parcel map net acre.
A letter received after the agenda was printed from
the Eastbluff Homeowners Association was presented
regarding a noise barrier on Jamboree Road.
Fred Talarico, Environmental Coordinator and
Project Planner, gave a brief staff report.
Ron Hendrickson of The Irvine Company addressed
the Council and requested thirty minutes for their
00tion
presentation.
x
The Irvine Company was granted thirty minutes for
All Ayes
their presentation.
The following people addressed the Council in behalf
of The Irvine Company: Steve Sandland, Project
Manager; Richard Cannon, Vice President of the
Commercial /Industrial Division; and Hal Woolsey of
Church Engineers.
Bill Foley, of Larry Seaman and Associates,
addressed the Council regarding the supplemental
EIR that was prepared.
Motion
x
The hearing was closed after it was determined that
All Ayes
no one else desired to be heard.
Motion
x
Mayor Pro Tern Williams made a motion to deny the
project as proposed.
Motion
x
Councilman Hart made a substitute motion to
continue to October 1, with the consent of the
applicant.
Mr. Cannon stated. for the applicant that they
agreed to the continuance.
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CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
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ROLL CALL �pis September 10. 1979 INDEX
Ayes
x
x
x
A vote was taken on Councilman Hart's motion,
Noes
x
x
x
x
which motion failed.
Mayor Pro Tern Williams amended his motion to
(a) approve the Environmental Impact Report and
certify that it was complete with the following
findings:
a) That the Draft Environmental Impact
Report was complete and prepared in
compliance with the California
Environmental Quality Act, and that
its contents had been considered in the
decisions on this project.
b) That based on the information
contained in the draft EIR, the
proposed project will result in
significant adverse impacts on traffic
and may contribute to adverse air and
water quality conditions. The
economic and social benefits to the
community did not override the
anticipated negative environmental
effects of the project.
c) That based on the information
contained in the Draft EIR, the
feasible alternatives described therein
would substantially lessen significant
effects the proposed project would
•
have on the environment.
and
(b) to deny the Tentative Map of Tract No. 10019
without prejudice with the following findings:
a) That an Environmental Impact Report
had been prepared in compliance with
the California Environmental Quality
Act, and that its contents had been
considered in the decisions on this
project.
b) That the Planning Commission, at the
direction of the City Council, was
presently considering amendments to
the Newport Beach General Plan.
c) That the amendment under
consideration involved a possible
redesignation of land use and /or
intensity of permitted development on
the project site.
d) That a decision by the Planning
Commission on the proposed amend-
;
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ment to the General Plan was
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CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
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presently scheduled for September 20,
1979, and its recommendations would
•
be sent to and acted upon by the City
Council within a reasonable period of
time thereafter.
e) Based upon Proposition 13 and AB 8,
the property tax benefits from
industrial uses were not particularly
favorable to the City compared to
other potential uses.
f) Peak hour traffic from
industrial /commercial use creates
greater problems than from some
other potential uses.
Motion
x
The hearing was reopened.
Ayes
x
x
x
x
x
x
Noes
x
Bob Break of the law firm of Latham and Watkins,
attorneys for The Irvine Company, addressed the
Council regarding planning and zoning laws in the
Government Code in connection with refusal to
approve tentative maps on the basis of General Plan
restudy requiring a 4/5 vote.
Motion
x
The hearing was closed.
Ayes
�1
es
x
x
x
x
A vote was taken on Mayor Pro Tern Williams'
Noes
x
X
motion, which motion carried.
Abstain
x
E. ORDINANCES FOR ADOPTION:
1. Ordinance No. 1807, being,
Aeronutronic
For P -C Dev
AN ORDINANCE OF THE CITY OF
Standards
NEWPORT BEACH ESTABLISHING THE
0 -1807
PLANNED COMMUNITY DEVELOPMENT
(3265)
PLAN AND DEVELOPMENT STANDARDS
FOR AERONUTRONIC FORD,
Planning Commission Amendment No. 532, a request
of Ford Aerospace and Communications Corporation
and Eagle Development Company /Daon Southwest
Corporation to establish a Planned Community
Development Plan and Development Standards, and
the acceptance of an Environmental Document.
A report was presented from the Community
Development Department.
Motion
x
Ordinance No. 1807 was adopted.
Ayes
x
x
x
x
x
Noes
x
X1
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CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
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2. Ordinance No. 1817, being,
Residential
Condominium
AN ORDINANCE OF THE CITY OF
Projects
•
NEWPORT BEACH ADDING CHAPTER 20.73
0 -1817
TO THE NEWPORT. BEACH MUNICIPAL
(3311)
CODE, ENTITLED "RESIDENTIAL
CONDOMINIUM PROJECTS,"
Planning Commission Amendment No. 529, a request
initiated by the City of Newport Beach and
proposing to add Chapter 20.73 to the Newport
Beach Municipal Code pertaining to Condominium
Projects and Condominium Conversion Projects and
the consideration of an Environmental Document.
A report was presented from the Community
Development Department.
Motion
x
Councilman Strauss made a motion to adopt
Ordinance No. 1817.
Councilman Heather stated for the record that she
could not support the motion because she would
generally like to be able to preserve our large
apartment stock in the large units and has problems
in virtually eliminating all R -21s except in Newport
Heights; and also she thought that the 5% vacancy
rate was unobtainable. She stated that with those
two reservations, she was voting against the motion,
although she thought some form of condominium
control would be good
i{yes
x
x
x
x
x
A vote was taken on Councilman Strauss' motion,
Noes
x
x
which motion carried.
3. Ordinance No. 1820, being,
Council
Procedures
AN ORDINANCE OF THE CITY OF
0 -1820
NEWPORT BEACH AMENDING SECTION
(1096)
2.04.020 OF THE NEWPORT BEACH
MUNICIPAL CODE TO CHANGE THE TIME
OF THE EVENING COUNCIL MEETING TO
7:30 P.M.,
was presented for second reading.
Motion
x
Ordinance No. 1820 was adopted.
Ayes
x
x
x
x
x
x
Abstain
x
F. CONTINUED BUSINESS:
1. Alternates (a) and (b) of a proposed resolution
HAT
establishing the ad hoc Highway Action Team (HAT)
(3341)
were presented to Council.
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CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
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ROLL CALL �v'� September 10, 1979 INDFx
Motion
x
Resolution No. 9631 (alternate b), establishing the
R -9631
All Ayes
ad hoc Highway Action Team (HAT) and specifying
the duties and responsibilities of the team, was
•
adopted.
Motion
x
Mayor Ryckoff's appointment of the following
All Ayes
members to the Highway Action Team was
confirmed: Chuck Hirsch, Bud Schroeder, Dick
Clucas, Bill Lusk, Judy Cooper, Bill Banning, Bob
Shelton, Mike Johnson, Jean Watt and Bill Ficker.
Motion
X
2. Councilman McInnis' appointment of William Dohr as
Trans Plan
All Ayes
a member of the Transportation Plan Citizens
CAC
Advisory Committee to fill the unexpired term of
(960F)
R. H. Clucas ending December 31, 1979 was
confirmed.
Motion
x
Councilman Hummel's appointment of Richard Succa
All Ayes
as a member of the Transportation Plan Citizens
Advisory Committee to fill the unexpired term of G.
Edmund Siebel, Jr. ending December 31, 1979 was
confirmed.
Motion
x
3. Councilman Hummel's appointment of Nan Flink as a
Bicycle Trails
All Ayes
member of the Bicycle Trails Citizens Advisory
CAC
Committee to fill the unexpired term of Dr.
(205F)
Sholkoff ending December 31, 1979 was confirmed.
4. A report dated August 13, 1979 was presented from
Litter Control
the Chairman of the Litter Control Citizens
CAC
Advisory Committee regarding appointments to that
(2046)
Committee.
Motion
x
Councilman Hart's appointment of Suzie Ficker as a
All Ayes
member of the Committee to fill the unexpired term
of Hal Pinchin ending December 31, 1979 was
confirmed.
Motion
x
Councilman Hummel's appointment of a member to
All Ayes
fill the unexpired term of Helen Anderson ending
December 31, 1979 was postponed to October 1,
1979.
5. A letter was presented from Joan S. Petty dated
OrCo
August 6, 1979 resigning as the City's representative
Housing
to the Advisory Committee of the Orange County
Authority
Housing Authority.
(1272)
Motion
x
Ms. Petty's resignation was accepted with regret;
All Ayes
and Mayor Ryckoff's appointment of Willard Wade to
serve as the City's representative on the Orange
County Housing Authority Advisory Committee was
confirmed.
6. A report was presented from the City Attorney
Rollerskating
regarding roller skating regulations with alternatives
Regulations
of two ordinances (identical ordinances except that
(2330)
one would be'as an emergency ordinance) and a
proposed resolution pursuant to Section 12.57.025 of
the Newport Beach Municipal Code prohibiting roller
•
skating on public streets and sidewalks designated
therein as hazardous to pedestrians, motorists and
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persons roller skating.
t
Volume 33 - Page 255
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
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Jim Toledano, attorney for N.O.R.M.A., addressed
the Council in opposition to either of the ordinances
•
or the resolution.
Motion
x
Ordinance No. 1821, being, AN ORDINANCE OF
0 -1821
All Ayes
THE CITY OF NEWPORT BEACH ADDING
SECTION 12.57.027 OF THE NEWPORT BEACH
MUNICIPAL CODE RELATING TO REGULATION
OF ROLLER SKATING, was introduced and passed
to second reading on October 1, 1979.
G. CURRENT BUSINESS:
1. A report was presented from the City Arts
City Arts
Commission regarding a location in the City for the
Comsn
sculpture of Dick Richard which is now located in
(120F)
the Chamber of Commerce offices.
Don Porter, Executive Director of the Newport
Harbor Area Chamber of Commerce, addressed the
Council and stated that the Chamber concurred with
the recommendation that the sculpture remain at
the Chamber until another suitable place can be
found in the City.
Motion
x
The recommendation of the City Arts Commission
All Ayes
that the sculpture should remain at the Chamber of
Commerce was confirmed inasmuch as the City
would appreciate having the sculpture in a City
building, but feels that it can be displayed with
•
dignity at the Chamber of Commerce building.
2. A report was presented from the Traffic Affairs
Street
Committee regarding the street lights on 2000 and
Lighting
2100 blocks of Bayside Drive.
Bayside Dr
(3347)
A letter received after the agenda was printed from
Charles S. Wheeler 1II, 2137 Bayside Drive, was
presented indicating his willingness to fund his share
for marbelite standards.
Ruth Steen addressed the Council in favor of the
marbelite standards.
Motion
x
The staff was directed to install marbelite standards
All Ayes
providing the residents fund the cost.
3. A report was presented from the Marine Department
North Star
regarding core samples of the Dover Shores
Beach
Channels.
(596)
The City Manager reported that the results of tests
by Anaheim Test Lab on the core samples indicated
that most of the material was not what could be
considered beach sand.
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Volume 33 - Page 256
CITY OF NEWPORT REACH
COUNCILMEN MINUTES
�9'P�C�'9i�92
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ROLL CALL �J'� September 10. 1979 INDEX
Motion
x
Councilman Heather made a motion to reaffirm the
action of the Council on August 28 giving conceptual
approval to the park.
0
The following people addressed the Council in favor
of the project: Jesse Curtis, Linda Taylor and Alan
Reedy.
Gary Lovell and Frank Robinson addressed the
Council in opposition to the project.
Motion
x
Councilman McInnis made a motion to limit the
Ayes
x
x
x
Council debate on the subject, which motion failed.
Noes
x
x
x
Abstain
x
Councilman Hart stated for the record that she had
listened to the public testimony on the tape for the
meeting of August 28 and, therefore, feels she can
vote on the issue. She also stated for the record,
since she intended to support the motion, that she
was approving only 5,000 cubic yards of dredged
material.
Ayes
x
x
x
x
A vote was taken on Councilman Heather's motion,
Noes
x
x
which motion carried.
Abstain
x
H. CONSENT CALENDAR:
Motion
x
The following actions were taken as indicated except for
�11 Ayes
those items removed:
1. ORDINANCES FOR INTRODUCTION:
For introduction and set for public hearing on
October 1, 1979:
(a) Proposed Ordinance No. 1822, being, AN
Bldg Hgts
ORDINANCE OF THE CITY OF NEWPORT
Ocean Blvd
BEACH ADDING SECTION 20.02.050(F) TO
0 -1822
THE NEWPORT BEACH MUNICIPAL CODE
(3348)
TO REDUCE HEIGHT LIMITS AND TO
ESTABLISH BUILDING HEIGHTS IN
RELATION TO CURB HEIGHT ON THE
BLUFF SIDE OF OCEAN BOULEVARD
BETWEEN CARNATION AVENUE AND
POPPY AVENUE, CORONA DEL MAR,
Planning Commission Amendment No. 537, a
request initiated by the City of Newport
Beach. (A report from the Community
Development Department)
(b) Proposed Ordinance No. 1823, being, AN
Water Rates
ORDINANCE OF THE CITY OF NEWPORT
0 -1823
BEACH AMENDING SECTION 14.12.090 OF
(250)
THE NEWPORT BEACH MUNICIPAL CODE
TO PROVIDE FOR ADEQUATE WATER
RATE ADJUSTMENT FROM AND AFTER
j
JANUARY 21, 1980. (A report from the
Utilities Director)
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Volume 33 - Page 257
CITY OF NEWPORT BEACH
CDUNGLMEN
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2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 9632 concerning charitable
Payroll
•
payroll deductions. (Letter with attachments
Deductions
from United Way of Orange County)
R -9632
(3349)
(b) Removed from the Consent Calendar.
(c) Resolution No. 9033, authorizing the Mayor
OrCo
and City Clerk to execute an agreement
Airport
between the City of Newport Beach and
(195F)
McDonough, Holland, Schwartz & Allen in
R -9633
connection with legal and consulting services
relating to Orange County Airport.
(Attached)
(d) Removed from the Consent Calendar.
(e) Resolution No. 9634 opposing AB 1274. (A
Pending Legis
report from the Acting City Attorney)
R -9634
(1243F)
(f) Resolution No. 9635 supporting SB 823 to
Pending Legis
include stock cooperatives within the
R -9635
Subdivision Map Act. (A report from the
(1243F)
Acting City Attorney)
(g) Resolution No. 9636 opposing AB 1611. (A
Pending Legis
report from the Acting City Attorney)
R -9636
(1243F)
(h) Resolution No. 9637 authorizing the Mayor
Vacation Alley/
and City Clerk to execute a quitclaim deed to
Lafayette &
the Bank of Newport for a portion of the
31st St
•
alley adjacent to the Bank of Newport. (A
R -9637
report from the Public Works Department)
(2250)
(i) Resolution No. 9638 designating as one -way
One -way Alley
the alley between Adams and Palm Streets.
Adams /Palm
(A report from the Traffic Affairs
R -9638
Committee)
(3350)
(j) Resolution No. 9639 awarding a contract to
Traffic Signal
William R. Hahn regarding the installation of
& Pushbutton
traffic signal and safety lighting at Birch
Installations
Street and Von Karman Avenue and bicycle
f /bicycles
push buttons at 14 signalized intersections
R -9639
(C- 2101). (A report from the Public Works
(3333 & 205F)
Department)
(k) Resolution No. 9640 authorizing the Mayor
Traffic Signal
and City Clerk to execute a supplemental
PCHwy &
agreement between the City and CALTRANS
Irvine Ter
for the installation of the traffic signal at
R -9640
Coast Highway and Irvine Terrace. (A report
(2884)
from the Public Works Department)
(1) Resolution No. 9641 approving the parcel map
Resub 631
for Resubdivision No. 631, and accepting the
R -9641
offer of dedication of easements. (A report
(3320)
from the Public Works Department)
258
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COUNCILMEN MINUTES
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ROLL CALL
� September 10, 1979 INDEX
3. COMMUNICATIONS - For referral as indicated:
(a) To staff for inclusion in on -going study,
letters from Dr. Elizabeth Eckhardt, the
Nelsons and James Buchanon regarding the
development standards for Corona del Mar.
(3296)
(Attached)
(b) To staff for reply, a letter from Virtue &
Scheck for the Homeowners Association of
the Towers Condominiums asking Council to
reconsider their action of August 13, 1979
approving the Harbor Permit Application No.
127 -3017 by Harrison Sea Ray Boats to
(304F)
rebuild a bulkhead and boat docks at 3107
West Coast Highway. (Attached with a
report from the Marine Department)
(c) To staff for report back, a report from the
Planning Commission regarding weed
abatement on undeveloped sites adjacent to
Upper Newport Bay. (Attached)
(150F)
(d) To Pending Legislation and Procedural Ethics
Committee, a letter from the City of
Anaheim enclosing a letter from their city
staff regarding the fiscal impact of AB 8.
(1243F)
(Attached)
4. COMMUNICATIONS - For referral to the City Clerk
for filing and inclusion in the records:
(a) Removed from the Consent Calendar.
(b) A letter from the Corona del Mar Chamber of
Commerce expressing its delight with the
new "CORONA DEL MAR" identification
signs which have been installed. (Attached)
(20)
(c) A letter from Gregory Lowitz regarding the
request by Explorer Post 235 for a permit for
a band to perform in Balboa Park on
September 8. (Attached)
(1564F)
(d) A letter from Nello Di Corpo commending
Council on making Seashore Drive a one -way
street. (Attached)
(411)
(e) A letter from William R. Gold, Secretary,
stating that the Board of Directors of the
Balboa Improvement Association concurs with
the hoped -for plan of not having the July 4th
fireworks on the Balboa Pier. (Attached)
(423)
(f) A letter from Ciel Woodman urging that the
Back Bay be dredged as quickly and
inexpensively as possible. (Attached)
(355)
(g) Six letters in support of Operation Safe Skate
as proposed by N.O.R.M.A.
(2330)
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COUNCILMEN
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ROLL CALL u c +o tior to too
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(h) A resolution of the City of Fullerton
supporting Senate Bill 823, which amends the
definition of subdivision, under the
subdivision Map Act, to include stock
•
cooperatives. (See agenda Item H -2)
(1429F)
(i) Removed from the Consent Calendar.
(j) Minutes of the Local Agency Formation Com-
mission of August 8, 1979.
(20)
(k) Notice of workshop in San Mateo on
September 20 regarding Article 34 of
California's constitution.
(20)
(1) Notice of filing of supplement to application
for rate change before the Public Utilities
Commission by Southern California Edison
Company.
(20)
(m) Agenda for the Board of Supervisors meetings
(20)
of September 4 and 5, 1979.
(n) A letter to all members of the California
League of Cities from the Turlock Irrigation
District regarding support for the Clavey-
Wards Ferry Hydroelectric project.
(Attached)
(20)
(o) Release from Senator Ayala informing that
SB 894, the "Home Rule" bill had been
unanimously approved by the Ways and Means
(577)
•
Committee. (Attached)
5: CLAIMS FOR DAMAGES - For denial and
Claims
confirmation of the City Clerk's referral to the
insurance carrier:
(a) Claim of John Davenport for personal injuries
Davenport
allegedly sustained on June 24, 1979 when he
(3351)
was falsely arrested in Newport Beach.
(b) Claim of Jennifer Jo Whitehead for personal
Whitehead
injuries in- connection with an incident in
(3352)
which she was allegedly stopped and
harrassed by a Newport Beach Police Officer
on June 15, 1979.
(c) Claim of Balboa Bay Club for damages in
Balboa Bay
connection with an accident at the entrance
Club
to the Club allegedly due to faulty design,
(3353)
maintenance, supervision and construction of
the Pacific Coast Highway at the Club
.entrance.
(d) Claim of Larry. C. Boyd for property damage
Boyd
on August 18, 1979 on San Joaquin Hills,Road .
(3354)
which allegedly occurred when a spike from a
'
City traffic counting device caused tire'
damage.
•
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COUNCILMEN MINUTES
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CALL s ce .e tio. Yn 1070 INDEX
(e) Claim of Crystal A. Schoonover for personal
Schoonover
injuries resulting from an accident in which
(3355)
she was involved on June 10, 1979 at Balboa
,.
Boulevard and 11th Street, allegedly due to,
improper signing at that intersection.
(f) Claim of James Tapper, D.V.M., Inc. for
Tapper
breach of contract.
(3356)
6. SUMMONS AND COMPLAINT - For confirmation of
the City Clerk's referral to the insurance carrier:
(a) Summons and Complaint of Donald and Helen
Starling
Starling for property damages, Case No.
(3173)
31 -85 -06 in Orange County Superior Court.
The original claim was for property damages
allegedly sustained when a water main broke
under the Starling home on December 11,
1978.
7. REQUEST TO FILL PERSONNEL VACANCIES - For
approval. (A report from the City Manager)
(1203F)
(a) Two Refuse Crewmen in Refuse Division to
fill positions now vacant.
(b) One Cement Finisher in General Services
Department to fill a position now vacant.
(c) One Equipment Mechanic II in Equipment
Maintenance Division to fill a position now
vacant.
(d) One Sign and Paint Shop Technician in
General Services Department to fill a
position now vacant.
(e) One Library Clerk I in the Corona del Mar
Library to fill a position now vacant.
S. STAFF, COMMISSION AND COMMITTEE
REPORTS - For Council information and filing:
(a) Memorandum from the Litter Control
Anti - Litter
Citizens Advisory Committee regarding
(2046)
requested information on litter fines and SB
4. (Attached)
(b) A report to the City Manager from the
Parking/__
Traffic Affairs Committee regarding
9ecreational
Recreational Vehicle Parking. (Attached)
Vehicles
(3358)
9. PUBLIC HEARING SCHEDULING -Removed from
the Consent Calendar.
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CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
�C,
9?i T FGS2�s
CALL 'i' September 10, 1979 INDEX
10. MARINAPARK SHELTER FACILITY (C -2010) -
Marinapark
Approval of the revised plans and specifications;
(209F)
'
and authorization to the City Clerk to advertise for
bids to be opened at 2:30 p.m. on October 15, 1979.
(A report from the Public Works Department)
11. CEMENT MORTAR LINING OF CAST IRON WATER
Lido Isle
PIPE, LIDO ISLE PHASE II (C -2044) - Acceptance of
Water Pipes
the work; authorization to the City Clerk to file a
(3120)
Notice of Completion and to release the bonds 35
days after Notice of Completion has been filed. (A
report from the Public Works Department)
12. WATER MAIN CONSTRUCTION AND
CdM Water
REPLACEMENT IN CORONA DEL MAR, 1978 -79
Mains
(C -2054) - Acceptance of the work; authorization to
(2885)
the City Clerk to file a Notice of Completion and to
release the bonds 35 days after Notice of
Completion has been filed. (A report from the
Public Works Department)
13. CONSTRUCTION OF HANDBALL COURTS IN
W Npt Park
WEST NEWPORT PARK (C -2053) - Acceptance of
Handball
the work; authorization to the City Clerk to file a
Courts
Notice of Completion and to release the bonds 35
(3216)
days after Notice of Completion has been filed. (A
report from the Public Works Department)
14. SENIOR CITIZENS' CENTER MULTI - PURPOSE
Senior
BUILDING (C -1981) - Acceptance of the work;
Citizens
authorization to the City Clerk to file a Notice of
Bldg
'
Completion and to release the bonds 35 days after
(2784)
the Notice of Completion has been filed; and
approval of an extension of time of 123 calendar
days, and waiver of any liquidated damages. (A
report from the Public Works Department and the
Parks, Beaches and Recreation Department.
15. SOUND AMPLIFICATION PERMIT APPLICATION -
Removed from the Consent Calendar.
16. BUDGET AMENDMENTS - For approval:
(a) Removed from the Consent Calendar.
(b) 1979 -80 Budget Amendments.
BA -13, $870.00 transfer of Budget
Appropriations for special trash pickup for
West Newport, from Unappropriated
Contingency Reserve to General Services -
Refuse, Overtime, General Fund.
I. ITEMS REMOVED FROM THE CONSENT
"AL °NDA3:
1. A report was presented from the City Manager
Animal
regarding the City's animal shelter agreement.
Control
i
(862)
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CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
9
I0,^
INDEX
Motion
x
Councilman Heather made a motion to postpone the
Ayes
x
item to October 1, 1979, which motion failed.
oes
x
x
x
x
x
x
q otion
x
Resolution No. 9642, authorizing the Mayor and City
R -9642
Ayes
x
x
x
x
x
x
Clerk to execute an Animal Control Agreement
G- d I Ito
Abstain
x
between the City of Newport Beach and Newport
(33)
Harbor Animal Hospital, was adopted.
2. A report was presented from the Acting City
Balboa Bay
Attorney regarding the Balboa Bay Club refinancing
Club
request on the club portion of the lease.
(18 3)
Tom O'Keefe, attorney for International Bay Clubs,
addressed the Council and assured that the City's
lease would remain superior.
Motion
x
Resolution No. 9643, increasing the authorization of
R -9643
All Ayes
the amount by which the Balboa Bay Club leasehold
estate may be encumbered and approving assignment
of an interest in the Balboa Bay Club leasehold
estate by sale to Balboa Bay, a limited partnership,
a Missouri limited partnership, Oppenheimer
Industries, Inc., a Missouri corporation, as general
partner, and by leaseback to International Bay
Clubs, incorporated, was adopted.
3. A Notice from the Orange County Health Planning
OrCo Health
Council regarding its annual election meeting on
Planning
November 17, 1979 and calling for nominations for
Council
Assembly At -Large positions and Board of Directors
(1830)
•
for the Council was presented.
Motion
x
The Health Planning Council is to be notified of the
All Ayes
City's nomination of Patricia Kendrick, R.N. for the
Board of Directors.
4. The application of Bill Stinson for the use of two
Sound
amplified guitars for a wedding ceremony at
Amplification
3:30 p.m. on September 22, 1979 at 2501 Cliff Drive
(1564F)
(Newport Theater Arts Center) was presented.
Bill Stinson addressed the Council regarding his
request.
Motion
x
The request was approved with the understanding
All Ayes
that guests could use the parking lot.
5. A report was presented from the Finance Director
Budget
to the City Manager regarding suggested Inter -Fund
Amendments
Transfers on June 30, 1979.
Motion
x
The following Budget Amendments were approved:
All Ayes
BA -67, $3,000.00 increase in Fund Balance; set up
the 1979 -80 requirement of $85,500.00, Water
i
I
Fund - closing entry.
•i
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CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
ROLL CALL �u'� s
September 10, 1979 INDEX
BA -68, $100,000 transfer to Future Water Sources,
Water Fund - closing entry.
•
BA -69, $60,666.20 decrease in Fund Balance;
transfer to Reserve for Off - Street Parking, Parking
Meter Fund - closing entry.
BA -70, $12,185.77 decrease in Fund Balance;
transfer to Reserves for Surfboard Acquisition and
Tennis Court Construction, Park and Recreation
Fund - closing entry.
BA -71, $1,156.75 increase in Fund Balance; increase
in Budget Appropriations and increase in Revenue
Estimates, Marinapark Fund - closing entry.
BA -72, $407,687.37 increase in Fund Balance;
decrease in Budget Appropriations and increase in
Revenue Estimates, Water Fund - closing entry.
BA -73, $129,755.47 increase in Fund Balance;
decrease in Budget Appropriations and increase in
Revenue Estimates, Building Excise Tax Fund-
closing entry.
BA -74, $10,170.38 increase in Fund Balance;
decrease in Budget Appropriations and decrease in
Revenue Estimates, Contributions Fund - closing
entry.
•
BA -75, $27,576.33 increase in Fund Balance;
increase in Revenue Estimates, Tide & Submerged
Lands Fund - closing entry.
BA -76, $10,070.05 increase in Fund Balance;
increase in Revenue Estimates, Parking Meter
Fund - closing entry.
BA -77, $35,412.77 decrease in Fund Balance;
decrease in Revenue Estimates, Traffic Safety
Fund - closing entry.
BA -78, $16,712.72 increase in Fund Balance;
decrease in Budget Appropriations and decrease in
Revenue Estimates, Arterial Highway Financing
Fund - closing entry.
BA -79, $221,515.35 increase in Fund Balance;
decrease in Budget Appropriations and increase in
Revenue Estimates, State Gas Tax Fund (Sec.
2106) - closing entry.
BA -80, $236,344.19 increase in Fund Balance;
decrease in Budget Appropriations, and increase in
Revenue Estimates, State Gas Tax Fund (Sec.
I
2107) - closing entry.
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COUNCILMEN MINUTES
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9 F9 is
ROLL CALL in 1070 INDEX
BA -81, $6,138.02 increase in Fund Balance; increase
in Budget Appropriations and increase in Revenue
Estimates, Federal Revenue Sharing Fund - closing
entry.
BA -82. $34,650.14 decrease in Fund Balance;
increase in Budget Appropriations and decrease in
Revenue Estimates, Retirement Fund - closing
entry.
BA -83, $33,117.35 increase in Fund Balance;
decrease in Budget Appropriations and decrease in
Revenue Estimates, Library Fund - closing entry.
BA -84, $67,931.71 increase in Fund Balance;
decrease in Budget Appropriations and decrease in
Revenue Estimates, Park and Recreation Fund -
closing entry.
BA -85, $1,614.777.15 increase in Fund Balance;
decrease in Budget Appropriations and increase in
Revenue Estimates, General Fund - closing entry.
BA -86, $36,000.00 transfer from Off- Street Parking
Reserve to State Gas Tax Fund, (Sec. 2106) for
final payment of right -of -way lot at 30th Street and
Newport Boulevard - closing entry.
BA -87, $172,340.00 transfer from Unappropriated
Surplus to Reserve for Stabilization to provide for
10% of 1979 -80 General Fund Budget, General
•
Fund - closing entry.
BA -88, $105,630.79 increase in Fund Balance;
increase in Revenue Estimates, Capital
Improvement Fund - closing entry.
Motion
x
6. Councilman Hummel made a motion to set for public
CdM Dev Stds
hearing on October 1 as the first item on the agenda
(3296)
the development standards for Old Corona del Mar
with the following options to be considered:
a) An ordinance with the standards which were
to be developed from the poll circulated by
the Corona del Mar Civic Association; and
b) Selection of a committee and adoption of a
Council policy to establish property
development standards that were selected by
the Corona del Mar poll until the committee
concludes its activities, and the Coucil acts
on the matter.
Councilman Heather asked that the motion be
amended to include post card notification of the
hearing to all affected property owners.
Motion
x.
A straw vote was taken on Councilman Heather's
Ayes
x
x
x
proposed amendment which failed.
Noes
x
x
x
x
•
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COUNCILMEN
99i T �-p
ROLL CALL '
Ayes
Noes
•
Motion
All Ayes
Motion
All Ayes
Motion
All Ayes
CITY OF NEWPORT BEACH
MINUTES
Qu..fu.r k— In 1 070
x
x
x
x
x
x
A vote was taken on Councilman Hummel's motion,
x
which motion carried.
7. Copies of letters sent by Mayor Ryckoff to the
coastal and to the inland cities in Orange County
were presented with a letter sent by the Los Angeles
County Coastal Cities to the Coastal Commission
regarding housing elements.
x
The City's representative to the Orange County
League of Cities was authorized to vote the City's
position that the housing elements of local general
plans provide for housing issues in an adequate
,manner and reflect local needs and concerns, making
it unnecessary to duplicate this issue in the Local
Coastal Plan.
J. ADDITIONAL BUSINESS:
x
1. A public hearing was set for October 1, 1979 on
Resubdivision No. 635, a request by Aetna Life
Insurance Company to create two parcels of land for
development in Koll Center Newport on Parcel No.
2, Parcel Map 114 -19 ( Resubdivision No. 567),
located at 4600 MacArthur Boulevard, on property
bounded by MacArthur Boulevard, Birch Street and
Von Karman Avenue in Koll Center Newport.
x
The meeting was adjourned at 12:25 a.m., September 11, to
7:00 p.m. on October 1, 1979.
Mayor
ATTEST:
City Clerk
1
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Volume 33 - Page 266
INDEX
General
Plan
(673)
Resub
635
(3357)
ITF,