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HomeMy WebLinkAbout02/25/1980 - Regular MeetingCOUNCILMEN 39C�oy9� ROLL CALL d' 9 CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: February 25, 1980 MINUTES INDFX Present x x x x x x x A. ROLL CALL. B. The Minutes of the Regular Meeting of February 11, etion x 1980 were continued to March 10, and the Minutes All Ayes of the Special Meeting of February 15, 1980 were approved as written and ordered filed. C. The reading in full of all ordinances and Motion x resolutions under consideration was waived, and All Ayes the City Clerk was directed to read by titles I only. D. HEARINGS: 1. In connection with the public hearing for the Tract 10019 Tentative Map of Tract No. 10019 and the Stipulate Judgment for the North Ford Planned Community project, Richard Cannon of The Irvine Company addressed the Council and stated that they were agreeable to considering this item later in the evening. There being no indication to the contrary, the Mayor stated that Item D -1 would be considered later in the evening. E. ORDINANCES FOR ADOPTION: .1. Ordinance No. 1838, being, Parking Prohibitions AN ORDINANCE OF THE CITY OF NEWPORT BEACH 0 -1838 • AMENDING SECTION 12.40.055 OF THE NEWPORT (64) BEACH MUNICIPAL CODE ENTITLED "PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL DISTRICTS PROHIBITED," was presented for second reading. Motion x Ordinance No. 1838 was adopted. All Ayes F. CONTINUED BUSINESS: 1. A letter from Virginia B. Goodenough, President Peninsula of the Balboa Citizens Committee, Mel Fuchs, Park President of the Balboa Improvement Association (62) and Philo R. Tozer, Owner and Manager of the Balboa Pavilion was presented with a petition bearing 792 signatures requesting Council's Permission to appear and state their objections to the removal of the Balboa Bicentennial Bandstand. Virginia Goodenough addressed the Council and presented additional petitions bearing 456 j i i signatures. • I i i Volume 34 - Page 49 i COUNCILMEN ROLL CALL E Motion All Ayes Motion All Ayes Motion All Ayes • CITY OF NEWPORT BEACH MINUTES February 25, 1980 INDEX Bicycle Trails CAC (24) CEQAC (24) Norman Mattson of Rolly Pulaski 6 Associates, architects and designers of the original structure presented plans to the Council and stated that since the main problem seemed to be the railings, they proposed constructing them out of metal, and indicated that the cost of the renovation would probably not be over $1,000.00. Don Porter, Executive Director of the Newport Harbor Area Chamber of Commerce, addressed the Council and read a statement from the Board of Directors urging the Council to retain the Bicentennial Bandstand at Peninsula Park and stating that the Chamber of Commerce was willing to combine efforts with the.Balboa Citizens Committee, the Balboa Improvement Association and other civic organizations in obtaining funds to restore the Gazebo as a total community project. x The bandstand is to be retained, the final design is to be approved by the Parks, Beaches and Recreation Director, and the donations of the homeowners and the Chamber of Commerce were accepted with thanks. It was agreed that the maintenance aspect of the bandstand would be reviewed by Council within six months. 2. Appointments to Citizens Advisory Committees for a one -year term ending December 31, 1980: (a) The following actions regarding the x Bicycle Trails Citizens Advisory Committee were confirmed: 1) District 6, Councilman Hummel's appointment of a member to replace William Pope was postponed to March 10. 2) District 7, Mayor Pro Tem Williams' appointment of a member to replace Robert L. Newcomb was postponed to March 10. (b) Di.^.trict 6, Councilman Hummel's appointment x of Robert Weber to the Environmental Quality Citizens Advisory Committee to replace his appointee Jeff Georgevich, who is unable to serve, was confirmed. (A letter from Mr. Georgevich attached) i i I iVolume i i 34 - Page 50 i INDEX Bicycle Trails CAC (24) CEQAC (24) CITY OF NEWPORT BEACH COUNCILMEN MINUTES 3'P f �v2 qi J, i� yG2� F N ROLL CALL �s'� p�� February 25, 1980 INDEX Motion x (c) The following actions regarding the Litter All Ayes I Litter Control Citizens Advisory Committee Control • were confirmed: CAC (24) 1) District 4, Councilman Heather's appointment of a member to replace Rae Cohen was postponed to March 10. - 2) District 6, Councilman Hummel's appointment of a member to replace Gordon Kilmer was postponed to March 10. 3. .A report was presented from the Planning Sphere of Department regarding a request of the Local Influence Coastal Planning Advisory Committee that the (21) City establish a Sphere of Influence on the BEECO property in West Newport. Motion x Consideration of establishing a Sphere of All Ayes Influence on the BEECO property in West Newport was postponed to allow discussion with the City of Costa Mesa and with the land owner involved. G. CURRENT BUSINESS: 1. A report was presented from the Public Works Encroach - Department regarding the request of Lido Isle ment /City Community Association to encroach with a Property building four feet onto Lot C, Tract 907 Via San Remo • (City -owned bayfront lot at southerly prolongation (65) of Via San Remo). Motion x Councilman Strauss made a motion to approve the request. Derek Niblo, President of the Lido Isle Community Association, addressed the Council in answer to Councilman Heather's question in connection with the additional condition imposed by the Planning Commission in granting Use Permit No. 1925 which states that only one event a year sponsored by an off - island person or organization be allowed. Mr. Niblo explained that the off - island event had historically been the PTA awards luncheon, but that this had not been specifically named and that it had just been left open for one event, which did not preclude such civic activities as use for a polling place at election time. All Ayes A vote was taken on Councilman Strauss' a motion, which motion carried. i Volume 34 - Page 51 i i CITY OF NEWPORT BEACH COUNCILMEN MINUTES y�m'A fit, �9G 22 9%s Tye ss is ROLL CALL tP 9 February 25, 1980 INDEX 2. A report from the Public Works Department regarding Stop Signs/ the request of the Corona Highlands Property Seaward Rd . Owners Association for stop signs on Seaward Road was presented with a copy of the request letter (81) from the Corona Highlands Property Owners Associa- tion dated January 11, 1980. Robert Peterson, President of the Corona Highlands Property Owners Association, who presented a petition signed by sixty -seven residents of Corona Highlands, and Calvin McLaughlin addressed the Council and urged installation of the requested stop signs. Motion x The request for the installation of stop signs All Ayes on Seaward Road at Morning Canyon Road and at De Sola Terrace was granted. 3. A report from the City Manager regarding acquisi- California tion of the P. E. right -of -way was presented with Land Acquired a report from the Parks, Beaches and Recreation _ /Leased Director. (73) A report received after the agenda was printed from the West Newport Beach Improvement Association was presented urging the City to acquire the P. E. property as soon as possible. The following people: addressed the Council and urged acquisition of the property by the City: Mike Johnson, speaking as Secretary of the West • Newport Beach Improvement Association; Ninfa Jarvis, President of the Newport Shores Community Association, who presented letters from Barbara Thibault, Elizabeth J. Johnson, Armand R. Davis, John A. and Marion T. Ross and Mr. and Mrs. Wallace Dobbs; David Goff, President of the Lido Sands Community Association; Louise Greeley, on the Board of Newport Crest Homeowners Association; Wally Semeniuk; and Dick Clucas. Motion x Councilman McInnis made a motion to direct the City Manager to negotiate with the State for the City acquisition of subject property. Councilman Hart asked that the motion be amended to also refer the subject to the Parks, Beaches and Recreation Commission for input, which amendment was accepted by the maker of the motion. Motion x Councilman Strauss made a substitute motion to Ayes x x x x continue the item in order to receive input from Noes x x x the Parks, Beaches and Recreation Commission, which motion carried. j 4. A report was presented from the City Manager I NIWA regarding the Newport -Irvine Waste Management (51) ! Agency. •� I i Volume 34 - Page 52 1 I CITY OF NEWPORT BEACH COUNCILMEN MINUTES G'�3P �� gc�q� 9GZy ROLL CALL �J'� 9 February 25, 1980 INDEX Motion The City Attorney was directed to give written Ayes x x x x x x notice of the City's withdrawal from membership Noes x x in the Newport -Irvine Waste Management Agency. H. CONSENT CALENDAR: Motion x The following actions were taken as indicated except All Ayes for those items removed: 1. ORDINANCES FOR INTRODUCTION - For introduction and pass to second reading on March 10, 1980: (a) Removed from the Consent Calendar. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 9732 authorizing the BI Bridge Mayor and City Clerk to execute a second Rehabili- amendment to an existing agreement with tation Boyle Engineering Corporation for engineering R -9732 services in connection with the Balboa (38) Island Bridge rehabilitation (C- 2014). (A report from the Public Works Department) (b) Resolution No. 9733 awarding a contract Seal Coat to Ted R. Jenkins in connection with the Program 1979 -80 Seal Coat Program, Phase I (C- 2120). 1979 -80 (A report from the Public Works Department) R -9733 (38) (c) Resolution No. 9734 appointing election officers and establishing their compensation, Election designating polling places, and providing R -9734 • for the opening and closing of the polls (39) for the General Municipal Election to be held on April 8, 1980. (d) Resolution No. 9735 establishing tow Police charges, storage rates and after -hours Tow Truck release fees for the Official Police Tow Service Truck Services and rescinding Resolution R -9735 -No. 9703. (A report from the City (70) Attorney) (e) Resolution No. 9736 providing that all Election ballots be counted at a central counting R -9736 place in the April 8, 1980 Municipal (39) Election. 3. COMMUNICATIONS - For referral as indicated: (a) To staff for reply, a letter from Joseph Police Moore regarding a ticket he received for Department illegal parking. (Attached) (70) (b) To the Parks, Beaches and Recreation Tree Commission, a letter from John W. Johnson Trimming requesting the City change its tree I Schedules (62) Volume 34 - Page 53 1 i I CITY OF NEWPORT BEACH COUNCILMEN MINUTES ?ate ROLL CALL �J 9 February 25, 1980 INDEX trimming schedule to a time when birds are not nesting as the present schedule is reducing our bird population significantly . (Attached) (c) To staff for reply, a letter from Dr. Request and Mrs. John H. Payne regarding the (76) date selected by the City for Veteran's Day, and claiming that it is confusing to the citizens in connection with rubbish collection days. (Attached) (d) To staff for reply, a letter from Frank Mooring Walker opposing any raise in the mooring Fees fees in Newport Harbor. (Attached) (51) (e) To staff for reply, a letter from the Revenue Voluntary Action Center asking that Sharing federal revenue sharing funds be used to (40) repair the roof of the City -owned building which they lease. (Attached) (f) Removed from the Consent Calendar. 4. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) A letter to Fire Chief Reed from Bud Holstein, Chairman of the 1980 Crosby Southern Pro -Am, thanking Paramedics and every one who gave their time to make • "Clambake Week" a huge success. (Attached) (b) A letter to Mayor Ryckoff from the Orange County Health Planning Council regarding issues concerning the Health Planning Council and attachments that explain and clarify the issues. (Attached) (c) A letter from the Orange County Division of the League of California Cities regarding proposed mandatory item pricing legislation. (Attached) (d) A letter from the State Controller regarding Highway Users Taxes and showing Newport Beach's proportionate share based on population of 65,100 to be as follows: Motor Vehicle License Fee ( "In- Lieu") - $1,161,100; 1980 -81 Fiscal Year, Sec. 2106 - $338,900; Sec. 2107 - $287,300; Sec. 2107.5 - $7,500; and Revised 1979 -80 F.Y. Sec. 2106 - $333,600. (e) Preliminary Agenda of the Local Agency Formation Commission of Orange County for February 27, 1980. • I I i . Volume 34 - Page 54 CITY OF NEWPORT BEACH COUNCILMEN MINUTES \\ ROLL CALL \3i1'� p February 25, 1980 INDEX ' I (f) Agenda of the Board of Supervisors Meetings of February 13, 14, 19 and 20, 1980. • I (g) A letter dated February 14, 1980 from Al j "King Alfonso" Lizanetz. (h) Notice of hearing before the Public Utilities Commission of the application of Richard A. Gregory, an individual, dba Sunset Coast Bus Lines, for authority to operate as a passenger stage corporation in a home -to -work service between points in Orange County and the Garrett AiResearch Facility in Torrance. (i) A copy of a letter to The Irvine Company in response to a full page ad in the Pilot on February 13, 1980 from Louise Brazelton regarding the present Council administration. (Attached for Council) 5. CLAIMS FOR DAMAGES - For denial and confirmation Claims of the City Clerk's referral of claims to the (36) insurance carrier: I (a) Claim of Mark L. Fahey for property damage to his vehicle on January 31, Fahey 1980 when the front wheels of his automobile dropped into a pot hole near 3500 Irvine Avenue and the inside wall of the • tire was slashed and the rim bent. (b) Claim of Mr. and Mrs. William Helm for Helm damages due to the death of their son, Robert C. Helm., who was driving a vehicle on Pacific Coast Highway at or near the intersection of Newport Center Drive on October 6, 1919 and the streets and highways were allegedly in a wet and dangerous slippery condition causing his I vehicle to roll over. 6. SUMMONS AND COMPLAINTS: For confirmation of the City Clerk's referral I to the City Attorney: i (a) Summons and Complaint of Associated Associated j I Indemnity Corporation for damages to the Indemnity residence of their assureds, Donald Starling and Helen Starling, Case No 32 -74 -72 in the Orange County Superior Court. The original claim was for damages allegedly due to a deterioration of the City's water system. I • i i Volume 34 - Page 55 CITY OF NEWPORT BEACH COUNCILMEN MINUTES \¢ �� �C, ?o�� ��� F 9 0� ROLL CALL` February 25, 1980 INDEX (b) Summons and Complaint of The Roll Company Roll Co/ and Aetna Life Insurance Company for Aetna Life Compensation for the Taking of Private • Property for Public Use, for Denial of Equal Protection of the Laws, for Denial of Due Process of Law, for Violations of United States Code Title 42, Sections 1983 and 1985, and for Punitive and Exemplary Damages, Case No. 80 -00510 in the United States District Court, Central District of California. For confirmation of the City Attorney's referral to the County Counsel and authorization for the County Counsel to appear and defend the interests of the City of Newport Beach in this proceeding: (c) Summons and Complaint of International IBM. Business Machines Corporation for Recovery of Property Taxes (California Revenue and Taxation Code Section 5140 et seq.), Case No. 32 -02 -54 in the Superior Court of Orange County. 7. REQUEST TO FILL PERSONNEL VACANCIES - For approval: (A report from the City Manager) (a) Two Emergency Equipment Dispatchers, Police Department, to fill vacant positions. • (b) One Library Clerk I, Library Services Department, to fill a vacant position. 8. REPORTS - For Council information and filing: (a) A progress report from the City Arts City Arts Commission regarding the summer concert. Concert (Attached) (24) 9. WEST COAST HIGHWAY IMPROVEMENTS (SOUTH SIDE) Coast Hwy 57TH STREET TO BALBOA BOULEVARD (C -2062) - 57th /Balboa approval of the plans and specifications; (38) and authorization to the City Clerk to advertise for bids for Contract No. 2962 to be opened at 2:30 p.m. on Thursday, March 13, 1980. (A report from the Public Works Department) 10. RESUBDIVISION NO. 588 - Acceptance of the Resub 588 public improvements constructed in conjunction (84) with Resubdivision No. 588 on property located on the northwesterly corner of Birch Street and Von Karman Avenue in Roll Center Newport; and authorization to the City Clerk to release the Faithful Performance Bond (Bond No. L05- 031403), and to release the Labor and Material Bond (Bond No. L05- 031403) in six months provided no claims have been filed. (A report ifrom the Public Works Department) • i Volume 34 - Page 56 I CITY OF NEWPORT BEACH COUNCILMEN MINUTES ROLL CAL L\ 1P February 2S_ IgAn INDEX 11. HARBOR PERMIT - Approval of Harbor Permit Harbor Application No. 124 -3320 of Bahia Condominium Permits • Association to revise an existing group of floats at 3320 Via Lido Drive, subject to (51) the conditions listed in the staff report. (A report from the Marine Department) 12. JUSTICE SYSTEM IMPROVEMENT ACT OF 1979 - Police Approval of the transmittal of a letter of Department intent to join with the County of Orange and (70) the other entitlement jurisdiction cities to create one single countywide entitlement ijurisdiction under the Justice System Improvement Act of 1979. (A report from the Chief of Police) 13. BUDGET AMENDMENTS - For approval: BA -071, $115,000.00 increase in Budget Appropria- tions for purchase of property on Tustin Avenue, from Unappropriated Surplus, General Fund. BA -072, $50,000.00 increase in Budget Appropria- tions for legal services for Roll litigation, from Unappropriated Surplus to City Attorney, Services - Prof., Technical, etc., General Fund. I. ITEMS REMOVED FROM THE CONSENT CALENDAR: • 1. A report was presented from the City Attorney Election/ _. in connection with a proposed ordinance which Campaign would be an amendment to the Campaign Contributions Statements Ordinance regarding the effective date of (39) Ordinance No. 1835 - contributions by major campaign contributors and disqualification of City Council vote. Motion Councilman Heather made a motion to direct x the City Clerk to prepare a check list for the Council Candidates and Councilmen listing what the legal do's and don'ts are as far as the ordinances that have been adopted. Motion x Councilman Hummel made a substitute motion to Ayes x x x x x introduce the proposed ordinance, which Noes x x motion carried, and the following ordinance was introduced and passed to second reading on March 10, 1980: Proposed Ordinance No. 1839, being, AN ORDINANCE 0 -1839 OF THE CITY OF NEWPORT BEACH ADDING SECTION 1.25.075 TO THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING THE DATE AFTER WHICH CONTRIBUTIONS i j BY MAJOR CAMPAIGN CONTRIBUTORS WILL BE COVERED BY SECTION 1.25.065 OF THE NEWPORT BEACH MUNICIPAL CODE. • j I i Volume 34 - Page 57 i CITY OF NEWPORT BEACH COUNCILMEN MINUTES �y ti �,� �C, ROLL CALL\ ��� 9 February 25, 1980 INDEX i .2. A letter from "Concerned Persons for the Preserva- Vacation/ tion of the Acacia Easement" was presented with Acacia St a copy of a petition bearing 152 signatures and (90) • letters to the Board of Supervisors protesting the vacation of Acacia Street and asking the City Council to reconsider its action taken on November 12, 1979 regarding the vacation of a portion of Acacia Street. Motion x Councilman Hart made! a motion to refer to staff for reply. The following people addressed the Council and opposed the abandonment of the Acacia Street easement: Irma Batham, Nick Pappas and Bill Carpenter. Motion x Mrs. Batham was granted two additional minutes All Ayes for her presentation. Motion x Councilman Hummel made a substitute motion to direct the staff to investigate the requirements upon the City for having an environmental report in such an instance as this vacation, and whether or not we have moved within the law in this abandonment, and report back to Council. Mayor Pro Tem Williams asked that•the motion be amended to include an examination of the adequacy of the posting in the report, which amendment was accepted by the maker of the motion. 01S x x x x x A vote was taken on Councilman Hummel's motion, Noes x x which motion carried.. Agenda Item D -1 was heard at this time as agreed at the beginning of the meeting. D. HEARINGS: 1. Tentative Map of Tract 10019, a request of The Tract 10019 Irvine Company to subdivide $0.5+ into seven (7) lots for industrial /office development, one (1) lot for commercial development and two (2) lots for further subdivision into residential lots in the North Ford Planned Community; and the acceptance of an Environmental Document; on property bounded by the extension of Bison Avenue, Camelback Street and Jamboree Road at the extension of Eastbluff Drive and MacArthur Boulevard; zoned P -C. A report was presented from the Planning Depart- ment. A letter dated February 5, 1980 from The Irvine i Company was presented. • Volume 34 - Page 58 I CITY OF NEWPORT BEACH COUNCILMEN MINUTES \ � 9G ZZ/ ROLL CALL �' \ February 25. 1480 INDEX The Stipulated Judgment regarding North Ford Planned Community project was presented. • , Richard Cannon, representing The Irvine Company, addressed the Council and stated that they were ready to proceed on the basis of the Stipulated Agreement; that they understood that there was a problem regarding the relationship of residential with industrial; that it was their understanding that the industrial was to proceed in front of the residential, and that they planned to develop the property in accordance with the adopted General Plan and the Stipulated Agreement. Motion x Mr. Cannon was granted two additional minutes All Ayes for his presentation. Motion x Councilman Strauss made a motion to postpone action on the Stipulated Judgment to March 10. Motion x Mayor Ryckoff made a substitute motion to adopt Resolution No. 9737 approving the Agreement and Stipulated Judgment resolving the litigation between The Irvine Company and the City over the disapproval of Tentative Tract 10019, as amended to incorporate approximate language to explain "not later than eighteen months from completion of industrial buildings." Motion x Councilman Strauss made a substitute motion to adopt Resolution No. 9737 approving the Agreement R -9737 • and Stipulated Judgment resolving the litigation between The Irvine Company and the City over the disapproval of Tentative Tract 10019, as amended to state that when the building of six - sevenths of the industrial buildings had been completed the time would begin running, and eighteen months from that time residential construction . shall begin on the property. Mayor Ryckoff asked that the motion be amended regarding the completion of the industrial buildings to refer to completion of six - sevenths of the square footage in the industrial buildings, which amendment was accepted by the maker of the motion. Councilman Strauss asked Mr. Cannon if this would resolve the law suit, and Mr. Cannon replied that it would. Ayes x I x x x x x A vote was taken on Councilman Strauss' amended Noes x motion, which motion carried. Mayor Ryckoff opened the public hearing regarding I Tentative Map of Tract No. 10019. Volume 34 - Page 59 i i i CITY OF NEWPORT BEACH jW MINUTES ani i February 25. 1980 INDEX .---- -- - -- Motion x The hearing was closed after it was determined All Ayes that no one desired'. to be heard. ion x The Environmental Document was accepted; the 1 Ayes Tentative Map of Tract No. 10019 was approved, subject to the findings and conditions of approval as set forth in the staff report and the Settlement Agreement; and the finding was made that the intent of General Plan Amendment 79 -1 concerning phasing is,satisfied by the Settlement Agreement. Mayor Ryckoff adjourned the meeting at 10:00 p.m. Mayg ATTEST: City Clerk i Volume 34 - Page 60 • � i