HomeMy WebLinkAbout03/10/1980 - Regular MeetingCOUNCILMEN
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REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: March 10, 1980
MINUTES
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x
x
x
x
x
x
A. ROLL CALL. -
x
B. The reading of the amended Minutes of February 11,
1980 were approved and the Minutes of February 25,.
1980 were amended and approved.
C. The reading in full of all ordinances and resolu-
x
tions under consideration was waived, and the
City Clerk was directed to read by titles only.
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D. HEARINGS:
1. Mayor R ckoff announced that the public hearin g on
General 1
General Plan Amendment 80 -1 would not be heard.
Plan
(45)
x
The public hearing was continued to March 24, 1980
to allow for legal publication.
2. Mayor Ryckoff opened the public hearing regarding
Police Tow
the proposed general rate schedules for G & W
Truck
Towing, Harbor Towing Company and Coast Towing.
Services
A report was presented from the City Manager.
(70)
x
The hearing was closed after it was determined
that no one desired to be heard.
x
Resolution No. 9738, established the tow truck
R -9738
rate schedule for tow services within the City of
Newport Beach (Coast Towing, G & W Towing and
Harbor Towing),was adopted.
E. ORDINANCES FOR ADOPTION:
1. Ordinance No. 1837, being,
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
Weed
ADDING SECTION 10.48.170 TO THE NEWPORT
Abatement
BEACH MUNICIPAL CODE REGARDING MOWING AND
0 -1837
DISKING OF WEEDS IN THE NEWPORT BAY WATERSHED
(41)
was presented for second reading.
A report was presented from the Fire Chief and
a copy of the Negative Declaration was
presented.
x
The Negative Declaration was accepted and
1
Ordinance No. 1837 was adopted.
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COUNCILMEN MINUTES
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2. Ordinance No. 1839, being,
Election/
Campaign
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
Statements
ADDING SECTION 1.25.075 TO THE NEWPORT
0 -1839
BEACH MUNICIPAL CODE ESTABLISHING THE
(39)
DATE AFTER WHICH CONTRIBUTIONS BY MAJOR
CAMPAIGN CONTRIBUTORS WILL BE COVERED
BY SECTION 1.25.065 OF THE NEWPORT BEACH
MUNICIPAL CODE,
was presented for second reading.
Motion
x
Ordinance No. 1839 was adopted.
Ayes
x
x
x
x
x
Noes
x
x
F. CONTINUED BUSINESS:
1. The following appointments to the Citizens
Advisory Committees for terms ending December 31,
1980 were deferred to March 24, 1980:
(a) Bicycle Trails Citizens Advisory Committee:
Bicycle
Motion
x
1) District 6, Councilman Hummel's appoint-
Trails CAC
All Ayes
ment to replace William Pope.
(24)
2) District 7, Mayor Pro Tem Williams'
Motion
x
appointment to replace Robert L.
All Ayes
Newcomb.
(b) Litter Control Citizens Advisory Committee:
Litter
Control
otion
x
1) District 4, Councilman Heather's
CAC
7 Ayes
appointment to replace Rae Cohen.
(24)
Motion
x
2) District 6, Councilman Hummel's
All Ayes
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appointment to replace Gordon Kilmer.
2. A report was presented from the Public Works
Vacation/
Department regarding Acacia Street abandonment
Acacia St
from Orchard Drive to Irvine Avenue.
(90)
Motion
x
The staff was directed to secure implementation
All Ayes
of the proposed plan.
G. CURRENT BUSINESS:
1. A letter from R. L. Strickler was presented asking
Business
for a refund of his 1980 real estate license of
License
$75.00 since he has retired due to illness.
Refund
(27)
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A report was presented from the License Supervisor.
Motion
x
The request for a refund was approved.
All Ayes
2. A report was presented from the Public Works
lCurb Cut/
Department regarding; the application of Richard C.
1527 Park Av
Young for a curb cut at 527 Park Avenue, Balboa
BI
Island.
(65)
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ROLL CALL �sd' March 10, 1980 INDEX
Mr. A. Z. Taft, representing the Balboa Island
Improvement Association, addressed the Council
and stated that their Board of Directors had
•
not received notice of Richard Young's request
-
for a curb cut in time to take any position
concerning it; however, the Balboa Island
Improvement Association policy is to favor the
turn -down of parking cuts on the Island.
Mary Madison, representing Richard G. Young,
addressed the Council and explained the reasons
necessitating the curb cut.
Motion
The application for the curb cut was approved.
x
All Ayes
3. A report was presented from the City Attorney
Boat
concerning the loading and off - loading of boats
Launching
at Rhine Wharf Park for the off -shore power
(51)
boat race March 14 - 15, 1980.
A letter which was delivered after the Agenda
was printed from the American Cetacean Society
was presented regarding their concern for the
gray whales that migrate southward off the
coast from December through April.
Dennis Kelly, Orange Coast College instructor
and member of the American Cetacean Society,
addressed the Council opposing the off -shore
power boat race at this time of the year.
Jeff Brown, representing the Pacific Offshore
_
Power Boat Racing Association, addressed the
Council in support of the event.
Motion
x
Resolution No. 9739, designating the Rhine
R -9739
All Ayes
Wharf Park as an authorized boat launching and
hauling site for March 14 and 15, 1980, in
conjunction with the Robert P. Warmington
Offshore Power Boat Race, was adopted.
Motion
x
4. Stanford Green was nominated for appointment to
League/
Ayes
x
x
x
x
x
x
District 5 by the League of California Cities
Calif Cities
Abstain
x
to the Direction Finding Commission.
(61)
H. CONSENT CALENDAR:
Motion
x
The following actions were taken as indicated except
All Ayes
for those-items removed:
1. ORDINANCES FOR INTRODUCTION: None
2. RESOLUTIONS FOR ADOPTION:
(a) Removed from the Consent Calendar.
(b) Resolution No..9740 authorizing the Mayor
PB &R
and City Clerk to execute an agreement
Sailing
between the City of Newport Beach and Coast
Program
Community College District in connection with
R -9740
conducting sailing lessons at the Orange
Coast College Crew Base. (A report from
(62)
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the Parks, Beaches and Recreation Director)
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(c) Resolution No. 9741 designating an inter-
Stop Signs
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section at which vehicles are required to
R -9741
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stop, and directing the Traffic Engineer to
(81)
erect the necessary stop signs (Seaward
Road at Morning Canyon Road and at De Sola
Terrace). (A report from the Public Works
Department).
(d) Removed from the Consent Calendar.
(e) Resolution No. 9742 authorizing the elimina-
Personnel
tion of two Secretary positions, and
Classifica-
creation of one Secretary to the Mayor /Ad-
tion
ministration'position and one Clerk Typist
R -9742
II position and authorizing amendments to
(66)
the Compensation Plan and the Table of
Authorization. (A report from the
Assistant to the City Manager)
(f) Resolution No. 9743 approving the Parcel
Resub 602
Map for Resubdivision No. 602 and accepting
R -9743
the dedication of. a corner cut -off at 48th
(84)
Street and Neptune Avenue. (A report from
the Public Works Department)
3. COMMUNICATIONS - Fox, referral as indicated:
(a) To staff for reply, a letter from Marilyn
Kerman in support of a larger Police force.
(70)
(Attached)
(b) To staff for report back, a letter from the
Local Coastal Planning Advisory Committee
regarding the urgency of provision of
public restroom facilities for visitors to
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the beach areas. (Attached)
(62)
(c) To staff for appropriate action, a Bulletin
from the Office of Criminal Justice Plan-
ning. .(Attached)
(54)
(d) TO staff for report back, a report from the
Litter Control Citizens Advisory Committee
regarding their recommendations for addi-
tional trash receptacles. (Attached)
(44)
(e) To staff for reply, a letter from Jack L.
Cook regarding the adequacy of Police
protection. (Attached)
(70)
4. COMMUNICATIONS - For referral to the City Clerk
for inclusion in the records:
(a) A letter from the California Department of
jTransportation
attaching a copy of the
proposed Business and Transportation Agency
{
regulations designed to administer the SB
620 Discretionary Funds (Public Utility
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Code, Section 99312). (Attached)
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(b) A letter from the Orange County Chapter RP
Foundation enclosing a. bulletin describing
their work with Retinitis Pigmentosa.
(Attached)
(c) A copy of a letter to Mr. Robert Shelton of
The Irvine Company from Dick Wandrocke
regarding the growth of Newport Beach.
(Attached)
(d) A letter from Al "King Alfonso" Lizanetz.
(e) Minute Excerpt from the Orange County Board
of Supervisors' meeting of February 13,
1980 regarding the exchange of tidelands
property currently under lease to the.
Balboa Yacht Club. (Attached)
(f) Minutes of the Board Meeting of Friends of
Oasis for January 21, 1980.
(g) Preliminary Agenda of the Local Agency
Formation Commission of Orange County for
March 12, 1980.
(h) Agenda of the Board of Supervisors Meetings
of February 26, 27, March 4 and 5, 1980.
(i) A letter from Retail Clerks Union No. 324
regarding the stand taken at the League of
Cities meeting on February 4 on an Item -
Pricing Ordinance. (Attached)
5. CLAIMS FOR DAMAGES -- For denial and confirmation
Claims
of the City Clerk's referral of claims to the
insurance carrier:
(a) Claim of Henry F. Boss for property damage
Boss
to personal belongings that were in process
of being laundered on February 21, 1980 at
his home at 214 -;5 Ruby.Avenue, Balboa'
Island.' The Fire Department was flushing
out the fire hydrant lines and the water
allegedly backed up into the wash machine.
(b) Claim of Linda S. Chicketti for property
Chicketti
damage to her car on February 1, 1980 while
she was parked in the Ford Road Ralph's
Market parking lot and was allegedly struck
by a Newport Beach refuse truck.
(c) Claim of Robert Earle Savage for personal
Savage
injuries sustained on or about December 17,
1979 when he collided while riding his
bicycle with a recreation vehicle that was
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parked in the bicycle lane on Bayside
Drive. He is alleging that the City's
management and design of the bicycle lane
.
were at fault.
(d) Claim of Gary L. Roseberry for property
Roseberry
loss which occurred on December 21, 1979
at the Police impound yard, when his tools
were allegedly stolen from his truck during
impoundment.
(e) Claim of Andrew E. Schell for property
Schell
damage to his gas tank on his car on
February 15, 1980 at the Senior Citizens
Center in Corona del Mar, allegedly.due to
the design of the driveway.
6. SUMMONS AND COMPLAINTS - For confirmation of the
City Clerk's referral to the insurance carrier:
(a) Summons and Complaint of Steven J. Clissold,
Clissold
John Douglas Curran and James William
McElroy for personal injuries, Case No. 32-
87-78 in the Orange County Superior Court.
The original claim was for False Arrest and
Imprisonment.
(b) Summons and Complaint of Eileen Connolly
Connelly
for False Arrest and Imprisonment, Assault
and Battery, Case No. 30 -70 -52 in the
Orange County Superior Court.
(c) Summons and Complaint of Darrell Wayne
Mitchell
Mitchell for personal injuries, Case No.
31 -81 -92 in the Orange County Superior
Court.'The original claim concerned an
automobile accident in which the claimant
alleged the City was negligent in the
construction and maintenance of the Balboa
intersection at 41st Street.
7. REQUEST TO FILL PERSONNEL VACANCIES - For
Personnel
approval: (A report from the City Manager)
Vacancies
(a) One Firefighter, Fire Department, to fill a
1
vacant position.
(b) One Emergency Equipment Dispatcher, Police
Department, to fill a vacant position.
(c) Three Police Officers, Police Department,
to fill vacant positions.
(d) One Purchasing Agent, Finance Department,
1
to fill a soon--to-be vacated position.
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8. REPORTS - For Council information and filing:
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(a) Removed from the Consent Calendar.
(b) Progress report from the Arts Commission
City Arts
regarding the summer concert. (Attached)
Comsn
(24)
9. PUBLIC HEARING SCHEDULING: None.
10. USE PERMIT NO. 1862 - Acceptance of the public
UP 1862
improvements constructed in conjunction with Use
(88)
Permit No. 1862; and authorization to the City
Clerk to release the Faithful Performance Surety
(Time Certificate of Deposit No. 55- 1039852
issued by Imperial. Savings and Loan Association).
(A report from the Public Works Department)
11. USE PERMIT NO. 1883 - Acceptance of the public
UP 1883
improvements constructed in conjunction with Use
(88)
Permit No. 1883; authorization to the City Clerk
to release the Use Permit Faithful Performance
Bond (Bond No. 8 SM 551), and to release the Use
Permit Labor and Materials Bond (Bond No. 8 SM
551) in six months provided no claims have been
filed. (A report from the Public Works Depart-
ment)
12. SAN JOAQUIN HILLS ROAD AND JAMBOREE ROAD FREE
SJH Rd/
RIGHT TURN LANE (C -1991) - Approval of the plans
Jamboree
and specifications; and authorization to the
Rt Turn I
City Clerk to advertise for bids for Contract
(38)
No. 1991 to be opened at 2:30 p.m. on Wednesday,
April 2, 1980. (A report from the Public Works
Department)
13. IRVINE AVENUE - CLIFF DRIVE INTERSECTION IMPROVE-
Irvine/
MENTS (C -2143) - Approval of the plans and
C11ff.Dr
specifications; and authorization to the City
Intersect
Clerk to advertise for bids.to be opened at 2:30
Impry
p.m. on April 16, 1980. (A report from the
(38)
Public Works Department)
14. MARINAPARK SHELTER FACILITY (C -2010) - Acceptance
Marinapai
of the work; and authorization to the City Clerk
Shelter
to file a Notice of Completion and release the
Facility
bonds 35 days after the Notice of Completion has
(38)
been filed. (A report from the Public Works
Department)
15. MAINTENANCE DREDGING HARBOR PERMITS - Approval
Harbor
of the following maintenance dredging harbor
Permits
permit, subject to the conditions of approval
(51)
listed in the general permit issued to the City
by the Corps of Engineers: (A report from the
Marine Department)
101 -104 California Recreation Co.
1601 Bayside Drive
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16. Removed from the Consent Calendar.
17. BUDGET AMENDMENTS - For approval:
BA -073, $900.00 increase in Budget Appropriations
and increase in Revenue Estimates for installa-
tion of drainage line along the north side of
Via Lido Soud and the northwest corner of Via
Nice to the northeast corner of Via Orvieto with
donations of $900 from the property owners; from
Unappropriated Surplus and Donations and Contribu-
tions to General Services -Field Maintenance,
Maintenance and Repair Materials, General Fund.
BA -074, $1,500.00 increase in Budget Appropria-
tions and increase in Revenue Estimates for
purchase of plants for Newport Center Branch
Library with donation from Harbor View Hills
Garden Club, from Unappropriated Surplus and
Donations and Contributions, Building Excise Tax
Fund.
I. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A report was presented from the City Attorney
CHAD
regarding CHAD (Orange County Combined Health
(57)
Agencies Drive).
Motion
x
The report was received and ordered filed.
Ayes
x
x
x
x
x
x
,Apes
x
2. A letter from Wenke, Taylor, Evans & Ikola was
Litigation
presented outlining the terms of employment as
Kell Co
attorneys representing the members of the City
(31)
Council in the Koll Company lawsuit.
Motion
x
The proposal was accepted with the inclusion
All Ayes
that the Council be permitted to review the
bills monthly.
3. A report was presented from the Planning Depart-
Off -Site
ment regarding an amendment to the conditions
Parking/
of approval of an existing Off -site Parking
Evans
Agreement between the City and Julius V. Evans
(38)
of 3331 East Coast Highway, Corona del Mar.
Councilman Hummel stated after looking over the
parking lot, he felt a concrete block wall
should be erected dividing the parking lot from
the adjacent residential property and that the
planter on the westerly end of the parking lot
should be altered to allow cars to make a
maneuverable right turn out of the parking lot.
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Edward Wells addressed the Council and requested
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the removal of all of the wheel stops on the
alley side of the parking lot.
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All Ayes
Motion
All Ayes
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Motion
All Ayes
Motion
All Ayes
CITY OF NEWPORT BEACH
MINUTES
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Pat Wells addressed the Council and stated that
she and her husband operated the Wells Market
and that grocery delivery trucks making deliveries
of large orders would block the alley for an
hour or more at a time, and that the removal of
the wheel stops would permit people using the
one -way alley to get by when the trucks were
there.
X
The amendment to the parking agreement removing
all of the wheel stops on the alley side,
indicated as 2, 4, 6; 8, 10, 12, 14, 16, 18 and
20, and the installation of a masonry wall with
a rounded concrete cap between the parking lot
and the adjoining residential property was
approved; and Resolution No. 9744, authorizing
R =9
the Mayor and City Clerk to execute an amendment
to the conditions of approval of an existing
Off -site Parking Agreement between the City of
Newport Beach and Julius V. Evans (3331 East
Coast Highway, Corona del Mar), was adopted.
4. A report was presented from the City Attorney
Wes
regarding the Settlement and Boundary Line
Par
Agreement among the State of California, the
(62
City of Newport Beach, and Beeco, Ltd. for the
Oxbow Loop (Santa Ana River).
X
The item was postponed to April 14, 1980.
J. ADDITIONAL BUSINESS:
x
1. The first Council meeting in April will be the
COL
traditional second Monday of the month; namely,
Mee
April 14 and the installation of the new Council
(3_
will be held on Tuesday, April 15.
2. Resolution No. 9745, authorizing the General
Dif
x
Services Director to make application for
Re]
financial assistance for disaster relief, was
(8;
adopted.
Mayor Ryckoff adjourned the meeting at 9:00 p.m.
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ATTEST:
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