HomeMy WebLinkAbout11/12/1979 - Regular MeetingCITY OF NEWPORT BEACH
CI.UNCILME11
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MINUTES
REGULAR COUNCIL MEETING
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Place: Council Chambers
F v s ,p
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Time: 7:30 P.M.
Date: November 12, 1979
ROLL CALL
INDEX
Present
x
x
x
x
x
x
A. ROLL CALL.
Absent
x
Motion
x
B. The reading of the Minutes was waived; and the
All Ayes
Minutes of the Regular Council Meeting of
October 23, 1979 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 regarding
Vacation/
the vacation and abandonment of a portion of
Acacia Street
Acacia Street.
(90)
A report was presented from the Public Works
Department.
Motion
x
The hearing was closed after it was determined that
All Ayes
no one desired to be heard.
Motion
x
Resolution No. 9670, ordering the vacation and
R -9670
All Ayes
abandonment of a portion of Acacia Street right -of-
.t
way, subject to concurrent action by the County of
Orange on the westerly portion of right -of -way
(Easterly side from Irvine Avenue to Orchard Drive),
was adopted.
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2. Mayor Ryckoff opened the public hearing and City
Resub 635
Council review of Resubdivision No. 635, a request
(84)
of Aetna Life Insurance Company, to create two
parcels of land for development in Koll Center
Newport; on property located at 4600 MacArthur
Boulevard, bounded by MacArthur Boulevard, Birch
Street and Von Karman Avenue; zoned P-C.
A report was presented from the Community
Development Department.
A report was presented from the Public Works
Department.
Timothy L. Strader, Senior Vice President of Koll
Company, representing the Koll Company, and Mr.
Kraft of the engineering firm of Langdon & Wilson,
addressed the Council and presented slides of the
area in which the Public Works Department and
Bicycle Trails Committee are recommending
sidewalks.
Motion
All Ayes
x
Mr. Strader was granted fifteen minutes for his
t
presentation.
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Gary Lovell and George Hanlon, Vice Chairman of
the Bicycle Trails Citizens Advisory Committeee,
addressed the Council and urged approval for the
.
recommended sidewalks.
Motion
x
Mr. Lovell was granted two additional minutes for
All Ayes
his presentation.
Motion
x
The hearing was closed after it was determined that
All Ayes
no one else desired to be heard.
Motion
x
The parcel map was approved with two findings of
Ayes
x
x
x
x
x
the Planning Commission, and subject to the
Noes
x
conditions imposed by the Planning Commission with
Conditions 3 and 4 being changed or modified as
follows, and the deletion of Condition 6:
Condition 3 changed to read, "That an 8- foot -wide
P.C.C. sidewalk be constructed on the easterly side
of MacArthur Boulevard from Von Karman Avenue
to join the existing sidewalk now ending 800± feet
southerly of Birch Street. The sidewalk may
meander to minimize the removal of trees and
grading of berms."
Condition 4 modified to read, "That a 5- to 6 -foot-
wide P.C.C. sidewalk be constructed on the westerly
side of Von Karman Avenue from .Birch Street to
MacArthur Boulevard in a meandering easement for
pedestrian purposes. The sidewalk shall be
constructed to minimize the removal of trees and
grading of berms."
3. Mayor Ryckoff opened the public hearing regarding
Use Permit
City Council review of the decision of the Planning
1421 -C
Commission approving the application of Hoag
(88)
Hospital Presbyterian, Inc. to amend existing Use
Permit No. 1421 —C (Amended) to expand the
existing hospital functions through new construction
and internal remodeling of existing structures, and
the acceptance of an environmental document on
property located at 301 Newport Boulevard.
AND
Public hearing regarding the appeal of Hoag
Memorial Hospital Presbyterian from the decision of
the Planning Commission adding Condition No. 39 to
Use Permit No. 1421 —C.
A copy of the Appeal Application of Hoag Memorial
Hospital Presbyterian requesting that Condition
No. 39 be changed to read, "approval of the Office
of Statewide Health Planning and Development,
State of California," was presented.
A report was presented from the Community
Development Department.
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A report was presented from the Bicycle Trails
Citizens Advisory Committee asking for
reinstatement, of Condition No. 36 calling for a
connecting easement between the approved access
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road /bike trail and, ultimately, both Newport
Boulevard and Pacific Coast Highway.
Michael D. Stephens, Administrator, Hoag Memorial
Hospital Presbyterian, addressed the Council
regarding their request for modification of
Condition No. 39.
Pat Strang, speaking as a Board Member of the
Newport Heights Community Association and as a
private citizen, and Bob Brown, who played a taped
recording of the noise referred to, addressed the
Council regarding the noise generated by mechanical
devices on the roof at Hoag Hospital.
Motion
x
Mr. Brown was granted two additional minutes for
All Ayes
his presentation.
Lou Kaa, Associate Administrator, Hoag Hospital,
addressed the Council regarding the steps taken by
the hospital to alleviate the noise problem.
Mayor Pro Tern Williams suggested that the first
sentence of Condition 22 be changed to read, "That
noise generated from existing as well as new rooftop
mechanical equipment shall not exceed 50 DBA
when measured at the boundary of the project in the
same plane as the rooftop."
•
Carl Chula, a director of the Newport Crest
Homeowners Association, addressed the Council
opposing the new construction without action to
resolve the traffic problem around the hospital.
George Hanlon, Bicycle Trails Citizens Advisory
o
Committee, addressed the Council and asked that
Condition 36 be reinstated.
Roland Landrigan, President of Newport Heights
Association addressed the Council and asked that
Condition 22 state, 1140 DBA, plus or minus 10:'
Motion
x
The hearing was closed after it was determined that
All Ayes
no one else desired to be heard.
Motion
x
Councilman Strauss made a motion to accept the
Environmental Document and the findings made by
the Planning Commission, and to modify the decision
of the Planning Commission as follows:
a) Condition 39 to read, "The project shall be
approved by the Office of Statewide Health
Planning and Development, State of
California."
b) Condition 36 to remain deleted.
c) Condition 22 to read, "That noise generated
from existing as well as new rooftop
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mechanical equipment shall not exceed 50
DBA when measured at the boundary of the
project in the same plane as the rooftop.
That prior to the issuance of any building
permits, the aforementioned shall be
demonstrated to the satisfaction of the
Community Development Department by a
licensed Acoustical Engineer."
Mayor Ryckoff asked that the motion be amended to
provide for Council review six months after notice
by the hospital of installation of equipment to
correct the existing problem and within six months
after completion of the new construction, which
amendment was accepted by the maker of the
motion.
All Ayes
A vote was taken on Councilman Strauss' amended
motion, which motion carried.
E. ORDINANCES FOR ADOPTION:
1. Ordinance No. 1824, being,
CdM Dev
Standards
AN ORDINANCE OF THE CITY OF
0 -1824
NEWPORT BEACH AMENDING SECTIONS
(94)
20.11.020 AND 20.15.025 OF THE NEWPORT
BEACH MUNICIPAL CODE AS THEY
PERTAIN TO FLOOR AREA LIMITS IN OLD
CORONA DEL MAR,
Planning Commission Amendment No. 524, a request
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initiated by the City of Newport Beach to consider
amending the Residential Development Standards
for the R -1, R -2 and R -3 Districts in Old Corona
del Mar, and the acceptance of an Environmental
Document.
A report was presented from the Community
Development Department.
Letters from Spencer Crump and Luvena W. and
Donald W. Hayton were presented supporting
Ordinance No. 1824.
A letter was received after the agenda was printed
from Goldie Joseph opposing Corona del Mar
downzoning.
K
Councilman Strauss made a motion to accept the
,Motion
Environmental Document and to adopt Ordinance
No. 1824.
The following people addressed the Council and
opposed the adoption of Ordinance No. 1824 before
the Committee has made its report: Virginia Fouts,
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J. White and Richard H. Spooner.
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Ayes
x
x
x
x
x
A vote was taken on Councilman Strauss' motion,
Noes
x
which motion carried.
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2. Ordinance No. 1825, being,
Police Tow
Truck Regs
AN ORDINANCE OF THE CITY OF
0 -1825
NEWPORT BEACH AMENDING SECTION
(70)
5.13.030 OF THE NEWPORT BEACH
MUNICIPAL CODE TO REQUIRE THAT THE
OFFICIAL POLICE TOW TRUCK OBTAIN A
CERTIFICATE PURSUANT TO CHAPTER
5.15 OF THE NEWPORT BEACH MUNICIPAL
CODE,
was presented for second reading.
Motion
x
Ordinance No. 1825 was adopted.
All Ayes
3. Ordinance No. 1826, being,
City Admin
Organization
AN ORDINANCE OF THE CITY OF
0 -1826
NEWPORT BEACH AMENDING SECTION
(35)
2.12.010 OF THE NEWPORT BEACH
MUNICIPAL CODE BY DELETING THE
REFERENCE THEREIN TO THE COM-
MUNITY DEVELOPMENT DEPARTMENT
AND ADDING THE PLANNING AND
BUILDING DEPARTMENTS THERETO;
REPEALING SECTION 2.12.030 ESTAB-
LISHING THE COMMUNITY DEVELOPMENT
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DEPARTMENT; RE— ENACTING SECTION
2.12.030 CREATING THE PLANNING
DEPARTMENT AND DEFINING THE
FUNCTIONS THEREOF; ADDING SECTION
2.12.035 CREATING THE BUILDING
DEPARTMENT AND DEFINING THE
FUNCTIONS THEREOF; AND REPEALING
SECTION 2.12.130,
was presented for second reading.
Motion
x
Ordinance No. 1826 was adopted.
All Ayes
F. CONTINUED BUSINESS:
1. A report dated October 23, 1979 was presented from
Curb Cut
the Public Works Department regarding the
(65)
application of Donald 1. Tonnemacher for a curb cut
at 1035 W. Balboa Boulevard.
Don Tonnemacher addressed the Council regarding
his request for a curb cut at 1035 W. Balboa
Boulevard.
Motion
x
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The request for curb cut was denied.
Ayes
x
x
x
x
x
Noes
x
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Motion
x
All Ayes
Green
x
x
x
x
x
Abstain
x
Motion
x
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Motion
x
Ayes
x
x
x
x
x
Noes
x
Motion
x
All Ayes
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2. A report dated October 23, 1979 was presented
from the Public Works Department regarding the
application of Gary Elder for a curb cut at 416
Larkspur Avenue.
Clifford Stokes, architect, and Gary Elder,
applicant, addressed the Council.
The request for a curb cut at 416 Larkspur Avenue
was denied.
3. Appointment to the City Arts Commission:
The Mayor assigned the red light to Maudette Ball
and the green light to Alfred Z. Taft for voting
purposes, and Alfred Z. Taft was appointed to
complete the unexpired term of Ellen Isaacs ending
June 30, 1983.
3. CURRENT BUSINESS:
1. A letter to the License Supervisor from Ronald J.
Pacifici was presented asking permission to appear
before the Council regarding his Newport Beach
City Taxi Permit.
A report was presented from the License Supervisor.
After determining that Mr. Pacifici was not present,
Councilman Hart made a motion to deny permission
to address the Council.
Councilman McInnis made a substitute motion to
table the item, which motion carried.
2. A report was presented from the Beacon Bay Lease
Committee regarding the Beacon Bay residential
lease.
Barclay Ardell addressed the Council and stated that
the Association felt the Committee had done a good
job.
Tentative approval was given to the lease
documents, an appraisal to determine the fair
market rental value of the lots within Beacon Bay
was authorized, and final action on the lease
documents, including fixing the "effective dat ,"was
withheld until the rental values are determined.
3. A report was presented from the Purchasing Agent
regarding Council approval of Phase II of Contract
C -2087 with the Burt Gentle Company regarding
procurement for the Newport Center Branch
Library.
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INDEX
Curb Cut
(65)
City Arts
Comsn
(24)
Taxi Permit
(65)
Beacon Bay
Lease
(38)
Newport
Center
Library
Furnishings
(38)
CITY OF NEWPORT BEACH
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A report was presented from the Board of Library
Trustees.
•
Spencer Covert, Chairman, Board of Library
Trustees, addressed the Council and requested the
expenditure of $23,000 for upgrading of the
carpeting, plus Plan "C" as indicated on the
Motion
x
Purchasing Agent's report.
Ayes
Abstain
x
x
x
x
x
x
Plan "C" plus $23,000 was approved.
4. Thomas Evans addressed the Council and asked that
Dick Richards
the Council reconsider its previous action and place
Sculpture
the Dick Richard sculpture in City Hall.
(37)
Motion
x
Mr. Evans was granted three additional minutes for
All Ayes
his presentation.
5. A letter to Councilman Hummel from Philip L. Arst
Local Coastal
was presented regarding Mr. Arst's resignation from
Plan CAC
the Local Coastal Plan Citizens Advisory
(24)
Committee necessitated by work- related travel
requirements.
Motion
x
Mr. Arst's resignation was accepted with regret, the
All Ayes
City Clerk was directed to prepare a Certificate of
Appreciation and (District 6) Councilman Hummel's
appointment of George V. Ingles to fill Mr. ArsVs
unexpired term ending August 15, 1980 was
confirmed.
6. A report was presented from the City Attorney
Council
•
regarding an amendment to Council Policy A -10,
Policy
Rule No. 25 - Reconsideration.
(69)
Motion
x
Council Policy A -10, "Procedural Rules for the
Ayes
x
x
x
x
x
Conduct of City Council Meetings," was amended.
Noes
x
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
November 26, 1979:
(a) Proposed Ordinance No. 1827, being, AN
Skateboard/
ORDINANCE OF OF THE NEWPORT BEACH
Rollerskating
MUNICIPAL CODE WHICH PERTAINS TO
Regulations
THE REGULATION OF ROLLERSKATE
0 -1827
RENTAL ESTABLISHMENTS. (A report from
(62)
the City Attorney)
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2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 9671 establishing a rate
Water Rates
•
for the delivery of water pursuant to Section
R -9671
14.12.090 of the Newport Beach Municipal
(93)
Code to be effective January 1, 1980. (A
report from the City Attorney)
(b) Resolution No. 9672 authorizing the Mayor
Resub 630
and City Clerk to execute a Subdivision
R -9672
Agreement between the City of Newport
(84)
Beach and Roger's Gardens Newport Center,
Inc. in connection with the public
improvements required with Resubdivision
No. 630. (A report from the Public Works
Department)
(c) Resolution No. 9673 amending the
Personnel
Compensation Plan and Table of
R -9673
Authorization for the 1979 -80 Fiscal Period
(66)
(Assistant City Attorney).
(d) Removed from the Consent Calendar.
(e) Removed from the Consent Calendar.
(f) Resolution No. 9674 authorizing the
Water
execution of the San Joaquin Reservoir
R -9674
Memorandum of Settlement Principles. (A
(93)
report from the Utilities Director)
(g) Resolution No. 9675 requesting the County of
AHFP
Orange to increase the Arterial Highway
R -9675
Financing Program (AHFP) allocation for
(43)
Project No. 881 from $60,000 to $83,637.08
for the acquisition of right -of -way for the
widening of Coast Highway from 57th Street
to the Santa Ana River (Davidson property -
5801 West Coast Highway). (A report from
the Public Works Department)
(h) Removed from the Consent Calendar.
(i) Resolution No. 9676 authorizing the Mayor
General Plan
and City Clerk to execute a Consulting
R -9676
Services Agreement between the City of
(38)
Newport Beach and VTN Consolidated, Inc.,
for the preparation of an EIR for proposed
General Plan Amendment No. 79-2
(Circulation Element). (A report from the
Public Works Department)
(j) Resolution No. 9677 authorizing the Mayor
Helicopter
and City Clerk to execute a Helicopter
Maintenance
Maintenance Agreement between the City of
R -9677
Newport Beach and Tallmantz Aviation, Inc.
(38)
(A report from the Police Department)
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CG JNCILMEN MINUTES
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(k) Resolution No. 9678 supporting the National
Resolutions
League of Cities resolution regarding the
Other Cities
preservation of Lake Tahoe. (A letter from
R -9678
•
the City of San Jose attached for Council)
(77)
(1) Resolution No. 9679 requesting that the
Lifeguard
Orange County Board of Supervisors consider
Agreements
amending future agreements for the berthing
R -9679
of Newport Beach lifeguard rescue boats by
(51)
making the terms thereof for two years
instead of one year. (A report from the
Marine Department)
3. COMMUNICATIONS - For referral as indicated:
(a) To staff for inclusion in on -going study, a
letter from Dexter Nishiyama opposing the
banning of back -pack blowers. (Attached)
(62)
(b) To staff for reply, a letter from Valerie J.
Innes regarding one -way traffic and bike
trails on Seashore Drive. (Attached)
(62)
(c) To staff for reply, a letter from Eva W.
Kilger regarding plumbing problems allegedly
caused by roots of City trees on her property
at 621 and 62154 Marguerite in Corona del
Mar. (Attached)
(62)
(d) To staff for reply, a letter from Rancho Palos
Verdes asking for a letter of support from
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Newport Beach of their Local Coastal
Program as submitted. (Attached)
(51)
4. COMMUNICATIONS - For referral to the City Clerk
for filing and inclusion in the records:
-
(a) A letter from Newport Crest Homeowner's
Association asking that the City request the
Orange County Board of Supervisors and the
Orange County Planning Commissioners to
halt the issuing of building and grading
permits in the "County Triangle" area pending
the City's request for annexation with a copy
of a letter from Mayor Ryckoff making such
request. (Attached)
(21)
(b) A letter from the County Environmental
Management Agency regarding the City's
intention to annex the Superior Avenue
triangle and stating they will not accept
general plan or zoning applications until the
annexation is decided, but that they will be
required to issue grading and building permits
to any owner who fulfills all the requirements
of the zoning and uniform building codes.
(Attached)
(21)
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(c) A letter from Helen A. Anderson regarding
the litter problem. (Attached)
(44)
(d) A copy of a letter to Newport Beach
•
Paramedics commending the paramedics on
their promptness and skill in connection with
her daughter's injury resulting from a fall
from her bicycle. (Attached)
(41)
(e) A letter from Helen Ballantine protesting all
large developments in the area. (Attached)
(94)
(f) A letter from the State Department of
Transportation stating that, in accordance
with our wishes, they are requesting
authorization to erect an informational sign
in the vicinity of Dover Drive and Coast
Highway, and, if authorized, installation
would be after the project is advertised in
December 1979. (Attached)
(43)
(g) A letter from Althea Line regarding Council
action on Corona del Mar residential
standards. (Attached)
(94)
(h) Letters from Al "King Alfonso" Lizanetz
regarding criminal elements in Newport
(13)
Beach.
(i) Preliminary agenda of LAFCO regarding the
proposed annnexation to the Mesa
Consolidated Water District, Annexation No.
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79 -2, approximately 38.26 acres located north
of 19th Street, south of Sea Bluff Drive, east
of Balboa Boulevard and west of Monrovia
Avenue in the southwest city limits of Costa
(21)
Mesa.
(j) Notice from LAFCO of determination
without notice and hearing on November 14,
1979 regarding proposed annexation to Mesa
Consolidated Water District designated
Annexation No. 79-2. (Map on file in City
Clerk's office)
(Y1)
(k) September News Notes of Orange County
Health Planning Council regarding its annual
election meeting on November 27 and
indicating one of the Providers nominated for
Assembly at -large seats to be Patricia
Kendrick, R.N. (Newport Beach's nominee).
(57)
(1) Notice from the State Business and
Transportation Agency of proposed changes in
the regulations of the Business and
Transportation Agency. (35 page document
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on file in City Clerk's office)
(28)
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(m) Resolution of the City of Yobra Linda
supporting AB 1955 calling for a special
election to fill County Board of Supervisor
vacancies.
(77)
(n) Minutes of the Local Agency Formation
Commission meeting of October 10, 1979.
(21)
(o) Notice of Filing Petition to Modify Decision
Nos. 89783, 89850 and 89991 before the
Public Utilities Commission in connection
with the application of Southern California
Edison Company for authority to increase its
base rates.
(28)
(p) Agenda of the Board of Supervisors meetings
of October 23, 24, 30, 31, November 6 and 7,
1979.
(56)
(q) A letter from Lifeguard International Beach
Services, Inc. regarding private lifeguard
services for the City and on the county
beaches. (Attached)
(51)
5. CLAIMS FOR DAMAGES - For denial and
Claims
confirmation of the City Clerk's referral to the
insurance carrier:
(36)
(a) Claim of Elizabeth H. Jones for personal
Jones
injuries on August 9, 1979 on Balboa Island,
allegedly sustained when she fell as a result
of a broken sidewalk.
(b) Claim of Debra Lee Yeager for personal
Yeager
injuries received on July 16, 1979 in
connection with her arrest at 7032
Orangethorpe 019, Buena Park, California.
(c) Claim of Cynthia O'Shea for false arrest and
O'Shea
detention on August 10, 1979 in Newport
Beach.
(d) Claim of David Mayo for property damage to
Mayo
his car at 42nd Street on September 20, 1979,
allegedly inflicted by a Police Officer while
writing a citation.
(e) Claim of Philip Scott Ramser, Jr. for false
Ramser
arrest and detention at 15th Street City Pier
on July 26, 1979.
(f) Claim of E. H. Thomassen, M.D. for invasion
Thomassen,
of privacy, false arrest, etc. in connection
E.H.
with his arrest at 408 Westminster Avenue,
Suite 9 on July 31, 1979.
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(g) Claim of Joan Thomassen for property
Thomassen,
damage, invasion of privacy, etc. in
Joan
connection with her arrest at 408
Westminster Avenue, Suite 9 on July 30,
1979.
(h) Claim of Michael Thomassen for false arrest,
Thomassen,
invasion of privacy, etc. in connection with
Michael
his arrest at 408 Westminster Avenue, Suite 9
on July 30, 1979.
6. SUMMONS AND COMPLAINTS - For confirmation
of the City Clerk's referral to the insurance carrier:
(a) Summons and Complaint of the City of Tustin
City of
for reimbursement of damages, personal
Tustin
injuries, disability, medical and rehabilitation
costs allegedly due to an accident to their
employee, Nancy Kuras, by a City police
officer in the performance of his duty; Case
No. 321396 in Orange County Superior Court.
(b) Summons and Complaint of Nancy Kuras for
Kuras
reimbursement of damages, personal injuries,
disability, medical and rehabilitation costs
allegedly due to an accident caused by a City
police officer in the performance of his duty.
(c) Summons and Complaint of Barry Reid for
Reid
general damages allegedly committed by a
Newport Beach Police officer, Case No.
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310289 in Orange County Superior Court.
7. REQUEST TO FILL PERSONNEL VACANCIES:
Removed from the Consent Calendar.
8. STAFF, COMMISSION AND COMMITTEE
REPORTS - For Council information and filing:
(a) A report from the City Manager regarding
Ambulances
the ambulance rate increase stipulation.
(22)
(Attached)
(b) A report from the Assistant to the City
Teleprompter
Manager regarding Teleprompter's progress in
(42)
installing cable television service. (Attached)
(c) A report from the Transportation Plan
SJH Trans
Citizens Advisory Committee regarding the
Corridor
San Joaquin Hills Transportation Corridor
(43)
Alignment. (Attached)
9. PUBLIC HEARING SCHEDULING: None.
10. Removed from the Consent Calendar.
11. COUNCIL POLICY A -9, "CITY COUNCIL
Council
COMMITTEES" - For adoption of proposed
Policy
amendments to Council Policy A -9. (A report from
(69)
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the City Manager)
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12. Removed from the Consent Calendar.
13. RESUBDIVISION NO. 548 -Acceptance of public
Resub 548
improvements constructed in conjunction with Resub
(84)
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548 on portions of Lots 3 and 59 and Lots 4 and 58,
Tract No. 3201, located at 3700 Campus Drive and
3701 Birch Street on the northeasterly side of the
proposed Corona del Mar Freeway between Campus
Drive and Birch Street, across Campus Drive from
the Orange County Airport; authorization to the
City Clerk to release the Faithful Performance Bond
(Bond No. 2621208), and to release the Labor and
Materials Bond (Bond No. 2621208) in six months
provided no claims have been filed. (A report from
the Public Works Department)
14. USE PERMIT NO. 1848 - Acceptance of the public
UP 1848
improvements constructed in conjunction with Use
(88)
Permit No. 1848, Lot 54, Tract No. 673 B, located at
3840 East Coast Highway, on the northeasterly side
of East Coast Highway, easterly of Hazel Drive in
Corona del Mar; authorization to the City Clerk to
release the Faithful Performance Bond (Bond No.
35352); and to release the Labor and Materials Bond
(Bond No. 35352) in six months provided no claims
have been filed. (A report from the Public Works
Department)
15. ACQUISITION OF 203 - 33rd STREET-
Balboa Blvd
Authorization to staff to retain an appraiser to
Widening
determine the fair market value of 203 - 33rd Street
(82)
(Lot 23, Block 133, Lake Tract). (A report from the
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Public Works Department)
16. CHRISTMAS DECORATIONS - Authorization to the
Christmas
Public Works Department to approve the display of
Decoration
Christmas lights and decorations on City streets,
Requests
subject to the following conditions: a) A written
(76)
request from the participating community and /or
business association outlining the scope of the
decorations, b) Approval of the Traffic Engineer,
and c) Approval of the Utilties Director. (A report
from the Public Works Department)
17. MAINTENANCE DREDGING HARBOR PERMITS -
Harbor Permits
Approval of the following maintenance dredging
(51)
harbor permits, subject to the conditions of approval
listed in the general permit issued to the City by the
Corps of Engineers: (A report from the Marine
Department)
175 -900 Byron Tarnutzer 900 Via Lido Nord
110 -1300 George Reade 1300 E. Balboa Blvd.
225 -528 Carroll Beek 528 S. Bay Front
132 -415 David Trumbull 415 Bayside Drive
151 -1201 Lawrence Weinreb 1201 N. Bay Front
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18. HARBOR PERMIT - Approval of Harbor Permit
Harbor Permit
Application No. 225 -508 of Roland Valleley to
(51)
rebuild a portion of an existing pier at 508 S. Bay
Front, subject to the conditions of approval
recommended by staff. (A report from the Marine
Department)
19. SOUND AMPLIFICATION PERMIT APPLICATION -
Sound Amp
Approval of the application of Ron Jones to use
Permit
sound amplifying equipment to amplify a wedding
(65)
ceremony on the bluffs atop Corona del Mar State
Beach so service can be heard, from 4:30 to 6:30
p.m. on March 2, 1980. (Copy of application and
Police Department report attached)
20. BUDGET AMENDMENTS - For approval:
(25)
BA -026, $1,000.00 transfer of Budget Appropriations
for Kelly Girl Services for 3 weeks and to provide
funding to have the County Elections Office check
signatures on Chamber of Commerce Initiative
Petition, from Unappropriated Contingency Reserve
to City Clerk, Services - Professional, Technical,
etc., General Fund.
BA -027, $110,000.00 increase in Budget
Appropriations for purchase of lot giving partial
access to the proposed parking lot in Mariners Mile,
from Unappropriated Surplus to Mariner's Mile
Parking Lot, General Fund.
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BA -028, $10,000.00 transfer of Budget
Appropriations for final settlement in the Davidson
condemnation case for the acquisition of 5801 W.
Coast Hwy. in connection with the widening at West
Coast Highway from 57th Street to the Santa Ana
River, from Install, Upgrade Traffic Signals to
Widen Pacific Coast Highway -Santa Ana River -57th
Street, State Gas Tax Fund (Section 2106).
BA -029, $23,700.00 increase in Budget
Appropriations to provide for the settlement in the
Davidson condemnation case for the acquisition of
5801 W. Coast Hwy. in connection with the widening
of West Coast Highway from 57th Street to the
Santa Ana River, from Unappropriated Surplus to
Widen Pacific Coast Highway -Santa Ana River -57th
Street, Arterial Highway Financing Fund.
I. ITEMS REMOVED FROM . THE CONSENT
CALENDAR:
1. A report was presented from the City Manager
Peninsula Park
regarding the Peninsula Park gazebo and
Gazebo
recommending demolition and removal of the
(62)
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gazebo.
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Motion
x
Councilman McInnis made a motion to offer the
gazebo for sale to the highest bidder.
Councilman Hummel asked that the motion be
•
amended to provide for the demolition and removal
in the event it was not sold, which was accepted by
the maker of the motion.
All Ayes
A vote was taken on Councilman McInnis' amended
motion, which motion carried.
2. A report was presented from the Public Works
Bayside Dr
Department regarding the water line and storm
Water Line/
drain construction in Bayside Drive -joint project
Storm Drain
with County Sanitation District No. 5, Contract No.
(38)
2129.
Motion
x
Resolution No. 9680, authorizing the Mayor and City
R -9680
All Ayes
Clerk to execute a Cooperative Agreement between
the City of Newport Beach and Orange County
Sanitation District No. 5 in connection with the
water line and storm drain construction in Bayside
Drive, was adopted, and the staff was directed to
prepare a letter requesting that the Sanitation
District affix a reasonable completion date after
which penalties will be assessed on the contractor.
Motion
x
3. A proposed resolution establishing the filing fees for
Pcilce Tow
All Ayes
tow truck permits pursuant to Section 5.13.050 of
Truck Fees
the Newport Beach Municipal Code was referred to
(70)
staff for recycling when the staff report is
•
completed.
4. A report was presented from the City Attorney
Balboa Bay
regarding revocation of authorization for Balboa Bay
Club
Club refinancing with the Oppenheimer Group.
(38)
Motion
x
A proposed resolution rescinding Resolution No.
Ayes
x
x
x
x
x
9643 which would revoke the authorization for
Abstain
x
International Bay Clubs, Inc. to enter into a
refinancing transaction with Oppenheimer
Industries, Inc. was postponed to January 7, 1980.
5. A report was presented from the City Manager with
Personnel
his recommendations regarding the following vacant
Vacancies
positions within the City:
(66)
(a) One Current Planning Administrator,
Planning Department, to fill a new position.
(b) One Recreation Coordinator, Parks &
Recreation Department, to fill a new
position.
(c) Three Police Officers, Police Department, to
fill positions now vacant.
(d) Two Police Sergeants, Police Department, to
fill positions now vacant.
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(e) Two Emergency Equipment Dispatchers,
Police Department, to fill positions now
vacant.
•
(f) One Police Clerk 1, Police Department, to fill
a position now vacant.
(g) One Utilities Construction Specialist, Utility
Department, to fill a position now vacant.
(h) One Utilities Leadman, Utility Department,
to fill a new position.
(i) One Equipment Mechanic 1, General Services
Department, to fill a position now vacant.
(j) One Maintenance Man I, General Services
Department, to fill a position now vacant.
(k) One Refuse Leadman,. General Services
Department, to fill a position now vacant.
(1) One Refuse Crewman, General Services
Department, to fill a position now vacant.
(m) Three Firefighter I's, Fire Department, to fill
two vacancies and one new position.
(n) One Assistant City Attorney, City Attorney's
Office to fill a position now vacant.
M tion
x
All positions were approved as recommended with
All Aye
the exception of one Recreation Coordinator in the
Parks and Recreation Department which was
removed from the list at the request of the City
Manager.
6. A report was presented from the City Manager
Anti - Litter
regarding Senate Bill 4, the Beverage Container
(44)
.
Reuse & Recycling Act.
The following people addressed the Council and
opposed SB-4: Irwin Newton, representing the
Industry Environmental Council; Paul LeComte,
Manager of the Coca Cola Bottling Company; Kevin
Forth, Vice President of Straub Distributing
Company; and Judith Shane, Director of Public
Affairs for 7 —Up.
Motion
x
The Mayor was authorized to send a letter
All Ayes
expressing the City's support of SB-4.
J. ADDITIONAL BUSINESS:
Motion
x
1. Use Permit 1784 (Amended), an application of the
Use Permit
All Ayes
Lutheran Church of the Master for the construction
1784
(88)
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of a Senior Citizen Housing Development containing
one hundred dwelling units, and the acceptance of an
Environmental Document; located at 2900 Pacific
View Drive, Corona del Mar, was set for public
hearing on November 26, 1979.
The Mayor adjourned the meeting at 11:30 p.m. to 7:30
p.m. on November 19, 1979.
d
Mayo
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