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HomeMy WebLinkAbout03/24/1980 - Regular MeetingCOUNCILMEN x x G REGULAR Place: COUNCIL MEETING Council Chambers x x A. ROLL CALL. Time: 7:30 P.M. ROLL CALL U' Date: March 24, 1980 MINUTES flffow.1 Present x x x x x x x A. ROLL CALL. n x B. The reading of the Minutes of the Regular Meeting A x x x x x x x of March 10, 1980 was waived, and the Minutes were approved as written and ordered filed. Motion C. The reading in full of all ordinances and resolu- Ayes x x X x x x x tions 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 General General Plan Amendment 80 -1, a request initiated Plan by the City of Newport Beach to consider proposed (45) amendments to the Land Use, Residential Growth, and Recreation and Open Space Elements of the General Plan, and the acceptance of an Environ- mental Document (GPA 80 -1). A report was presented from the Planning Department Keith Greer of The Irvine Company addressed the Council regarding the Company's letter of February 1, 1980 and asked that the existing definition of "buildable acreage" be maintained. Chuck Woodland, representing the Chevron Station location referred to in General Plan Amendment 80 -1 (a), addressed the Council and stated he was present to answer any questions. *n x The hearing was closed after it was determined Ayes x x x x x x x that no one else desired to be heard. The Council agreed to take a straw vote on the various components of General Plan Amendment 80 -1, as follows: , Motion x GPA 80 -1(a) Chevron Service Station - "Retail Ayes x X x x X x x and Service Commercial," as recommended by the Planning Commission, was approved. Motion x GPA 80 -1(b) Freeway Reservation East - ','Low - Ayes x x x x Density Residential," as recommended No x by the Planning Commission, was i approved. Motion x GPA 80 -1(c) Buildable Acreage - Mayor Pro Tem Williams made a motion to approve the Planning Commission recommendation to add policy language to allow deletion of flood plain areas and coastal bluffs and bluff setback areas i i during discretionary review. Volume 34 - Page 70 i i i i COUNCILMEN MINUTES �C) y Rp ROLL CALL 'P March 24. 1980 InInFY Motion x Councilman Hart made a substitute x x x x motion to approve the Planning x x x Commission recommendation to add policy language to allow deletion of flood plain areas only during discretionary review, which motion carried. Motion x GPA 80 -1(d) Location of Structures - The Plan - Ayes x x x x x x x ning Commission recommendation, as modified to add to the policy on areas where no structures shall be built - flood plain areas only in unsubdivided parcels, and on natural slope areas greater than 2:1 and greater than twenty -five feet high, was approved. Motion x GPA 80 -1(e) Master Plan of Bikeways - The Ayes x x x x x x Planning Commission recommendations Noes x were approved as follows: 1) Add a backbone bikeway on the westerly side of MacArthur Boulevard from Ford Road to the northerly City boundary. 2) Add secondary bikeways: a) Bison Avenue from Jamboree Road to MacArthur Boule- vard. b) Santa Barbara Drive from Jamboree Road to Newport Center Drive West. C) San Miguel Drive from MacArthur Boulevard to San Joaquin Hills Drive. d) Versailles Blufftop Bike- way from Superior Avenue to Coast Highway at New- port Boulevard. e) Placentia Avenue from Superior Avenue to north- erly City boundary near 16th Street. A connecting trail should be shown in Costa Mesa. Motion x The Environmental Document was accepted with the Ayes x x x xlx x x following findings - a) That an Initial Study and Negative Declaration have been prepared in compliance with the California Environmental Quality Act, and that their contents have been considered in the I i decisions on this project; I i i Volume 34 - Page 71 CITY OF NEWPORT BEACH COUNCILMEN MINUTES �C, ROLL CALL ` ��� March 24. 1980 INDEY b) That based on the information contained in the Negative Declaration, the project incorporates • sufficient mitigation measures to reduce poten- tially- significant environmental effects, and that the project will not result in significant environmental impacts: and Resolution No. 9746, approving amendments to the Land Use, Residential Growth, and Recre- ation and Open Space Elements of the General Plan, and the acceptance of an Environmental Document (GPA 80 -1), was adopted. E. ORDINANCES FOR ADOPTION: None. F. CONTINUED BUSINESS: 1. Appointments to Citizens Advisory Committees for a one -year term ending December 31, 1980: Motion x (a) The following actions regarding the Bicycle Bicycle Ayes x x x x x x x Trails Citizens Advisory Committee were Trails CAC confirmed: (24) 1) District 6, Councilman Hummel's appointment of a member to replace William Pope was postponed to April 14. 2) District 7, Mayor Pro Tem Williams' appointment of a member to replace Robert L. Newcomb was postponed to further notice. Motion x (b) The following actions regarding the Litter Litter Ayes x x x x x x x Control Citizens Advisory Committee were Control CAC confirmed: (P4) 1) District 4, Councilman Heather's appoint - ment of a member to replace Rae Cohen was postponed to April 14. 2) District 6, Councilman Hummel reappointed Gordon Kilmer. 2. A report dated January 21, 1980 was presented from Parking the Traffic Affairs Committee regarding proposed Restricted parking restriction in the 300 block of Crystal Zones Avenue on Balboa Island. (64) Bob Millar addressed the Council and stated that he had spoken that afternoon with the property owners and occupants abutting the area in consideration, and they would all like the item removed to allow them to resolve the problem under a friendly neigh- borhood agreement. on x i The item was tabled. xxx xix i X i ii Volume 34 - Page 72 11 1 N COUNCILMEN MINUTES S i ROLL CALL S' March 24, 1980 INDEX 3. A report was presented from the Parks, Beaches and Property Recreation Director regarding acquisition of the Acquired • P.E. right -of -way by the City. (73) Letters urging acquisition of the P.E. right -of -way by the City were presented from the Balboa Coves Community Association, Lido Sands Community Associa- tion and from Gerta Farber. Motion x Mayor Ryckoff made a motion to direct the City Mana- ger to commence negotiations with the State to determine the lowest price and terms on which the State will sell the subject property and to report back to the City Council with recommendations on financing. Jack Cook addressed the Council and presented a letter, which he read in full, from the Newport Crest Homeowners Association supporting purchase of the property for an approximate amount of $650,000 with the property to be kept as open space. Wally Semeniuk addressed the Council and urged acqui- sition of the property by the City. In response to a question by Council, Mr. Semeniuk stated that he felt the purchase price should be between $600,000 $675,000. Ayes x x x x x x x A vote was taken on Mayor Ryckoff's motion, which motion carried. _ 4. A letter dated January 7, 1980 was presented from Annexations the Local Coastal Planning Advisory Committee asking (21) the City to petition the Local Agency Formation Com- mission to officially place all lands in West Newport presently surrounded by the City boundary (including Beeco property) within the Sphere of Influence of the City of Newport Beach. A letter from Beeco, Ltd. expressing concern over the City's Charter provisions prohibiting oil operations within its City limits and calling attention to the fact that much of the Beeco land is a producing oil field, and also reviewing other uses proposed for this land. Margot Skilling, President of the West Newport Improvement Association, addressed the Council in support of bringing the Beeco property into the City's Sphere of Influence. Motion. x The staff was directed to request the Local Agency Ayes x x x K x X x Formation Commission to review Newport Beach's Sphere of Influence as it might apply to the Beeco I property. Volume 34 - Page 73 i I i i 1 1 A; COUNCILMEN MINUTES 9e'C,y'P� ROLL CALL March 24, 1980 INDEX G. CURRENT BUSINESS: ,ion x 1. A report was presented from the Marine Department Racing Buoys Ayes x x x x x x 2 regarding the application of the Newport Harbor Yacht (51) Club for the installation of five (5) Racing buoys within the City limits in the vicinity of Santa Ana River entrance. The application was approved, subject to the condi- tions listed in the staff report. 2. A letter from Julius V. Evans was presented asking Off -Site Council to reconsider its action taken on March 10 Parking/ recommending the installation of a block wall in con- Evans nection with the off -site parking agreement at 329 (38) and 331 Marigold in Corona del Mar. Mayor Ryckoff stated that Mr. Evans had advised that he would not be able to attend the meeting due to illness and had asked that this item be postponed. Motion x The item was postponed to April 14 in accordance Ayes x x x x x x i with request by applicant. H. CONSENT CALENDAR: The following actions were taken as indicated except for those items removed: 1. ORDINANCES FOR INTRODUCTION: None. _ 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 9747 designating an intersection Stop at which vehicles are required to stop and Signs directing the Traffic Engineer to erect neces- R -9747 sary stop signs (Bayview Drive at Iris Avenue). (81) (A report from the Public Works Department) (b) Resolution No. 9748 designating an intersection Stop at which vehicles are required to stop and Signs directing the Traffic Engineer to erect neces- R -9748 sary stop signs (Carnation Avenue at Fourth (81) Avenue). (A report from the Public Works Depart- ment) (c) Resolution No. 9749 awarding a contract to WC Hyw Fleming Engineering, Inc. in connection with Wes Improv. Coast Highway Improvements (south side) from C -2062 57th Street to Balboa Boulevard (C- 2062). (A R -9749 report from the Public Works Department) (38) (d) Resolution No. 9750 authorizing the Mayor and City Clerk to execute a License Agreement betweet Arts the City of Newport Beach, The Irvine Company, Festival the Taubman Company and Fashion Island Merchants C -2165 Association for the 1980 City Arts Festival. (A R -9750 report from the City Arts Commission) (38) i I ! i Volume 34 - Page 74 t COUNCILMEN MINUTES gGS 4�i PI S0J''k CC' M � ROLL CALL �d'� March 24, 1980 1WnFr (e) Resolution No. 9751 setting forth the PB &R permission of the City Council of the City Oasis • of Newport Beach to Friends of Oasis to R -9751 apply for Title III -B funds from the Federal (62) Department of Health, Education and Welfare (HEW) for improvements to the Oasis Center and for the acquisition of motor vehicles to be used by Friends of Oasis, Inc. (A report from the Parks, Beaches and Recreation Director) (f) Resolution No. 9752 authorizing the letting General of a contract to remove debris from the Services beaches of Newport Beach without advertising C -2168 for bids and authorizing the City Manager to R -9752 execute such a contract on behalf of the (38) City. (A report from the General Services Director) (g) Resolution No. 9753 authorizing the Mayor Newport 'Pier and City Clerk to execute an extension to C -1901 the Newport Pier Concession Lease Agreement R -9753 between the City of Newport Beach and Wolfgang (38) and Erika Merting. (A report from the City Manager) (h) Resolution No. 9754 authorizing the Mayor Lifeguard and City Clerk to execute an agreement Services between the City of Newport Beach and Orange C -2166 County Harbors, Beaches and Parks District R -9754 for the City to provide lifeguard services (38) at the County -owned Santa Ana River Jetty Beach. (A report from the Marine Department) (i) Removed from the Consent Calendar. (j) Resolution No. 9755 awarding a contract for TransCon comprehensive public liability insurance Ins. coverage to Transcontinental Insurance C -2167 Company. (A report from the City Manager) (38) 3. COMMUNICATIONS - For referral as indicated: (a) To staff for reply, a letter from Mr. Jack (62) Nelson opposing the possibility of making a parking area of West Newport Park. (Attached) (b) To the Police Department, the Traffic Engineer (51) and the Marine Department for report back, a letter from the Parks, Beaches and Recreation Director regarding small boat launching at 18th and Bay. (Attached) 4. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) A letter from Los Angeles Federal Savings concerning some of the reasons that Orange County Airport grew into a regional airport I instead of remaining as a local airport. _ i (Attached) i Volume 34 - Page 75 CITY OF NEWPORT BEACH COUNCILMEN MINUTES -A �C A y�Pit t<'u, d+ ROLL CALL S' March 24. 1980 trunFY (b) Notice of filing application for a rate • change before the Public Utilities Commissio by the Southern California Edison Company. (c) Notice of filing application and advice letter before the Public Utilities Commissio by Southern California Gas Company to adjust rates resulting from increased costs from their suppliers of natural gas. (d) Agenda of the Board of Supervisors Meetings of March 11, 12, 18 and 19, 1980. (e) A letter from Gilbert W. Ferguson objecting to Council's authorization to the City Manager and City Attorney, at their discre- tion, to make a gift of $1,000 of tax monies to the City of Tiburon with a reply by the Mayor. (Attached) 5. CLAIMS FOR DAMAGES - For denial and confirmation Claims of the City Clerk's referral of claims to the (36) insurance carrier: (a) Claim of Richard S. Hamilton for personal Hamilton injuries allegedly caused by Police Depart- ment personnel during the months of Septembe through December, 1979. (b) Claim of Wayne Connolly for personal injuriei allegedly caused by Police Department person- Connolly nel during the months of September through December, 1979. (c) Claim of Linda, Nancy and Jeff Alexander for the accidental death of John Alexander on or Alexander about December 22, 1979 who was hit by a car as he crossed the street at Via Lido Soud and Via Lorca, allegedly the accident hap - pened because of poor street lighting. (d) Claim of Geoffrey L. Hyde for property damage when his car dropped into an uncov- Hyde ered manhole which allegedly was the result of a flooded sewer which had lifted the manhole cover at Dover Drive and Coast Highway during a recent storm on February 20 1980. (e) Claim of Newport Harbor Chamber of Commerce Newport for reimbursement of costs incurred for Harbor allegedly unnecessary petitioning. Chamber Com. • i i I i i ii Volume 34 - Page 76 CITY OF NEWPORT BEACH COUNCILMEN MINUTES C C+yM ti� iN ROLL CALL � March 24. 1980 INDEX 6. SUMMONS AND COMPLAINTS - 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: (a) Summons and Complaint of Carter Hawley Carter Hale Stores, Inc., a California Corporation, Hawley Hale dba Broadway Department Stores for dba Broadway Recovery of Property Taxes (California Dept. Stores Revenue and Taxation Code Section 5140 et se q.) (A report from the City Attorney) 7. REQUEST TO FILL PERSONNEL VACANCIES - For Personnel approval: (A report from the City Manager) Vacancies (a) One Accounting Cashier, Finance Department, to fill a vacant position. (b) One Traffic Engineering Technician, Public Works Department, to fill a vacant position. (c) One Typist Clerk II, Nondepartmental, to fill a vacant position. (d) One Equipment Mechanic I, General Services, to fill a vacant position. (e) Two Equipment Serviceworkers, General Services, to fill two newly created positions. (f) Two Police Officers, Police Department, to fill vacant positions. (g) One Police Sergeant, Police Department, to fill a vacant position. 8. REPORTS FROM STAFF - None. 9. PUBLIC HEARING SCHEDULING - None. 10. LIDO ISLE SEWER FORCE MAIN (C -2108) - Approval Lido Isle of the plans and specifications; and authorize- Sewer Force .tion to the City Clerk to advertise for bids Main C -2108 to be opened at 10:00 a.m. on April 16, 1980. (38) (A report from the Public Works Department) 11. TRAFFIC SIGNAL IMPROVEMENTS AT NEWPORT CENTER DRIVE AND FARALLON DRIVE /GRANVILLE LANE - NCtr /Farallon Acceptance from The Irvine Company of the /Granville traffic signal and safety lighting located at Resub 465 the intersection of Newport Center Drive and (84) Farallon Drive /Granville Lane. (A report I from the Public Works Department) Volume 34 Page � i I I - 77 CITY OF NEWPORT BEACH COUNCILMEN MINUTES ROLL CALL d' March 24, 1980 INDEX 12. ROLL COMPANY LAWSUITS - For approval of Koll Co. Memoranda of Agreement with the law firm of (38) Rutan & Tucker regarding representing the . City of Newport Beach in Koll v. City of Newport Beach (Orange County Superior Court Case No. 32- 68 -76); the Koll Company v. City of Newport Beach (U. S. District Court Case No. 80 -00510 RMT (Kx)); Olive Davis, et al. v. City of Newport. Beach (Orange County Superior Court Case No. 32- 95 -85). (Attached) 13. BUDGET AMENDMENTS - For approval: BA -075, $720.68 increase in Budget Appropria- tions and increase in Revenue Estimates for purchase of projector and cassettes from contribution from Friends of Newport Beach Public Library, from Unappropriated Surplus and Donations and Contributions to Library, Equipment, N.O.C., Library Fund. BA -076, $16,O00.00 increase in Budget Appropria- tions for construction of water main portion of Bayside Drive cooperative project, from Unappropriated Surplus and Appropriations Reserve to Water Main Replacement Program, Water Fund. (A report from the Public Works Department) BA -077, $9,000.00 increase in Budget Appropria- tions and increase in Revenue Estimates for the increased engineering and construction cost for the County's portion of West Coast Highway street improvements s /aide 57th Street to Balboa Boulevard, from Unappropriated Surplus and Donations and Contributions, Arterial Highway Financing Fund. (See report from Public Works with Agenda item H -2(c)) BA -078, $42,000.00 increase in Budget Appropria= tions for completion of funding for West Coast Highway street improvements from 57th Street to Balboa Boulevard, from Unappropriated Surplus and Appropriations Reserve, State Gas Tax (2106) Fund. (See report from Public Works with Agenda item H -2(c)) I. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report was presented from the License Rhine Wharf Supervisor regarding the application of Park Boat H. W. Copenhagen to launch a vessel over Launching Rhine Wharf Park seawall March 27, 1980. R -9756 (51) The City Manager stated that there was no crane available to launch the vessel on March 27 and that the launching date would have to be changed to April 3. i i i i Volume 34 - Page 78 COUNCILMEN ROLL CALL Motion If Motion Ayes Motion �on Noes Abstain Ayes Noes Abstain 91 CITY OF NEWPORT BEACH MINUTES ltarch 24, 1980 INDEX R -9756 Municpl. Election . R -9757 (39) SCAG 208 Program (61) x Resolution No. 9756, designating Rhine Wharf x x x x x Park as an authorized boat launching and • x. hauling site for April 3, 1980 (H. W. Copen- hagen), was adopted. Richard Goehring, owner of Brett Walker Jewelry in Fashion Island addressed the Council regarding the recent robbery of his store and asked for additional police protection for the Fashion Island area. The City Manager is to report back to Council at the Study Session on April 14. J. ADDITIONAL BUSINESS: x 1. Resolution No. 9757, ordering the canvass of the • x x x x x x General Municipal Election to be held on the 8th day of April, 1980, to be made by the City Clerk of the City of Newport Beach, was adopted. 2. A report was presented from the City Manager regarding the Draft 208 Continuing Planning Program. x Mayor Ryckoff made a motion directing that his draft letter to SCAG (Southern California Associa- tion of Governments) regarding the program be sent as drafted. x Councilman Hart made a substitute motion to modify x x x the letter by deleting from the second paragraph • x x the sentence, "The City views SCAG's role as a x "pass- through, "" and from the fifth paragraph, the word "Again" at the beginning of the last para- graph, which motion failed to carry. • x x x x A vote was taken on Mayor Ryckoff's motion, which x motion carried. x Mayor Ryckoff declared the meeting adjourned at 9:20 p.m. r ATZEST : �� ®;C✓r�^v ®mod`\ \f: City Clerk F- i Volume 34 Page 79 INDEX R -9756 Municpl. Election . R -9757 (39) SCAG 208 Program (61)