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HomeMy WebLinkAbout08/25/1980 - Regular MeetingCOUNCILMEN ROLL CAL �� r REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: August 25, 1980 MINUTES PIMCV Present x x x x x x x A. ROLL CALL. Motion x B. The reading of the Minutes of the Regular Meet - A*es ing of August 11, 1980 was waived, and the Minutes were approved as written and ordered filed. Motion x C. The reading in full of all ordinances and All Ayes resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Heather opened the public hearing regard- Zoning Amend ing Ordinance No. 1855, being, Building Hgts/ Steep Lots AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20.87.205 OF THE NEWPORT (94) BEACH MUNICIPAL CODE AS IT PERTAINS TO THE PERMITTED BUILDING HEIGHTS OF RESIDENTIAL DEVELOPMENT ON STEEP LOTS, Planning Commission Amendment No. 545, a request initiated by the City of Newport Beach to consider an amendment to the Newport Beach Municipal Code as it pertains to the permitted building heights of residential development on steep lots, and the acceptance of an Environmental Document. A report dated July 14 was presented from the Plan- ning Department. Allan Beek addressed the Council in favor of Ordinance No. 1855, and gave a slide illustration regarding average heights of homes as compared to photos of houses that have been erected which coul be considered three or four stories high. The City Manager reported that the Building Depart- ment could have potential problems regarding the point at which the measuring line would begin, according to Mr. Beek °s definition. Mayor Heather closed the public hearing after no one else desired to be heard. Motion x Councilman Cox made a motion to disallow Ordinance Ayes x x x x x No. 1855, which motion carried. Noes x x Volume 34 - Page 197 :!j 10`1101W ,H COUNCILMEN MINUTES ROLL CALL CT' August 25. 1980 inincv rant E. ORDINANCES FOR ADOPTION: . 1. Ordinance No. 1863, being, Pedicab /T 0 -1863 AN ORDINANCE OF THE CITY OF NEWPORT BEACH (86) AMENDING CHAPTER 5.12. OF THE NEWPORT BEACH MUNICIPAL CODE BY ADDING THERETO IN SECTION 5.12.010 THE DEFINITION OF "PEDICAB" AND ADDING SECTION 5.12.025 PROHIBITING THE COMMERCIAL OPERATION OF PEDICABS WITHIN THE CITY. was presented for second reading. A report dated August 11 was presented from the City Attorney. Mayor Heather opened the public testimony. Brenda Campbell addressed the Council in favor of commercial pedicabs within the City of Newport Beach, and exhibited an illustration from "US" Magazine regarding pedicab operations in the Cities of Manhattan Beach and Redondo Beach. Steve Nelson and Craig Nelson addressed the Council presenting a feasibility study regarding their proposed commercial venture, and slides depicting certain areas where they felt pedicabs • could operate within the City. Capt. Wayne Connolly of the Police Department, addressed the Council recommending that pedicabs be prohibited as they would impede traffic on Balboa Boulevard, Newport Boulevard, and the Peninsula, and could possibly invite civil liability against the City with regard to operat- ing along the oceanfront sidewalks. Mayor Heather closed the public testimony after it was determined that no one else desired to be heard. Motion x Mayor Pro Tem Hart made a motion to adopt Ordinanc Ayes x x No. 1863, prohibiting pedicabs from operating in Noes x x x x x the City of Newport Beach, which motion failed. F. CONTINUED BUSINESS, Motion x 1. Councilwoman Plummer's appointment of David Goff EQCAC All Ayes to complete the unexpired term of Ronald B. Linsky (24) (District 2) on the Environmental Quality Citizens Advisory Committee, was confirmed. Volume 34 - Page 198 rant 4118 Y •F N 1ANNIODEM RT BEA H COUNCILMEN MINUTES ROLL CAL C e „� „ter 9s igAn irunry G. CURRENT BUSINESS: 1. A report was presented from the Planning Depart- Tr. No. ment regarding Final Map of Tract No. 9676, a 9676 request of The Irvine Company to approve the subdividing of 25.1 acres for residential develop - ment, ingress and egress and private vehicular circulation within the Sea Island project, located at 1100 Jamboree Road, on the easterly side of Jamboree Road across from the Newporter Inn; zoned P -C. Mayor Heather opened the public discussion. Robert McLain addressed the Council, requesting approval of the development. Mayor Heather closed the public testimony, after it was determined that no one else desired to be heard. Motion x The following actions were taken: All Ayes (a) Final Map of Tract No. 9676 was approved incorporating by reference the Finding and Conditions recommended by the Plan- ning Commission; and (b) Resolution No. 9858 was adopted authoriz R -9858 ing the Mayor and City Clerk to execute a Subdivision Agreement between the City and The Irvine Company in connection • with the public improvements required with Tract No. 9676. Resolution No. 9859 was adopted authoriz R -9859 ing the Mayor and City Clerk to execute a Subdivision Agreement between the City and The Irvine Company in connection with the installation of Traffic signals ' at the intersection of Jamboree Road and Island Lagoon Drive, Tract No. 9676. Resolution No. 9860 was adopted acceptin R -9860 a Grant Deed from The Irvine Company in connection with the West Bay park site, Tract No. 9676. 2. A report was presented from the Planning Depart- Tr. No. ment regarding Final Map of Tract 11041 (a portion 11041 of Tentative Tract Map 10391), a request of Daon Corporation and Eagle. Development to subdivide 11.478 acres into 33 lots for residential purposes, one lot for private recreational purposes, and two lots for common area; a portion of Block 56, Irvine °s Subdivision, generally bounded by Bison Avenue, Jamboree Road, and MacArthur Boulevard; zoned P -C. Volume 34 - Page 199 • CITY OF NEWPORT BEACH COUNCILMEN A (TOLL CALL �� �f' � Annear 95_ 1QA0 MINUTES W OF x Mayor Heather opened the public discussion and asked if the applicant was present. • I Dennis O'Neil, representing Daon Corporation and Eagle Development, addressed the Council with regard to the concern of reducing outside noise level areas to 65 dB CNEL. Mr. O'Neil pointed out that substantial compliance with Condition 23 was determined by the Planning Commission, the staff, and would not result in an increase in the number of lots or a significant change in the overall design and configuration of the subdivision. Mayor Heather closed the public testimony after it was determined that no one else desired to be heard. Mayor Pro Tem Hart was concerned that the homes in Final Map of Tract 11041 were too close to Jamboree Road, and requested a motion to consider Final Map of Tract No. 11041 separately. Motion x Councilman Cox made a motion to approve Final Map R -9861 Ayes x x x x x x of Tract 11041 and adopt Resolution No. 9861 Noes x authorizing the Mayor and City Clerk to execute a Subdivision Agreement between the City of Newport Beach and Daon Corporation and Eagle Development in connection with the public improvements required • with Tract No. 11041, which motion carried. The following agenda items 3 through 11, were enacted with one motion: Motion x 3. Final Map of Tract No. 11042 was approved (a Tr. No. All Ayes portion of Tentative Tract Map 10391), a request 11042 of Daon Corporation and Eagle Development to subdivide 13.381 acres into 46 lots for residential purposes, one lot for private recreational pur- poses, and one lot for common area; a portion of Block 56, Irvine's Subdivision, generally bounded by Bison Avenue, Jamboree Road, Ford Road, and MacArthur Boulevard; zoned P -C, and Resolution No. 9862 was adopted authorizing the R -9862 Mayor and City Clerk to execute a Subdivision Agreement between the City of Newport Beach and Daon Corporation and Eagle Development in connec- tion with the public improvements required with Tract No. 11042. Volume 34 - Page 200 I I • i COUNCIL PAEN MINUTES A ROLL CALL 25, 1980 4. Final Map of Tract No. 11043 was approved (a Tr. No. portion of Tentative Tract Map 10391), a 11043 request of Daon Corporation and Eagle Development to subdivide 17.678 acres into 26 lots for • residential purposes, one lot for private recreational purposes, and one lot for common area; a portion of Block 56, Irvine °s Subdivision, generally bounded by Bisori Avenue, Jamboree Road, Ford Road, and MacArthur Boulevard; zoned P -C, and Resolution No. 9863 was adopted authorizing R -9863 the Mayor and the City Clerk to execute a Subdivision Agreement between the City of Newport Beach and Daon Corporation and Eagle Development in connection with the public improvements required with Tract No. 11043. 5. Final Map of Tract No. 11044 was approved (a Tr. No. portion of Tentative Tract Map 10391), a request 11044 of Daon Corporation euid Engle Development to subdivide 14.051 acres into 28 lots for residen- tial purposes and two lots for common area; a portion of Block 56, Irvine °s Subdivision, generally bounded by Bison Avenue, Jamboree Road, Ford Road, and MacArthur Boulevard; zoned P -C, and • Resolution No. 9864 was adopted authorizing the Mayor and City Clerk to execute a Subdivision R -9864 Agreement between the City of Newport Beach and Daon Corporation and Eagle Development in connection with the public improvements required with Tract No. 11044. 6. Final Map of 'Tract No. 11045 was approved (a Tr. No. portion of Tentative Tract Map 10391), a request 11045 of Daon Corporation and Eagle Development to subdivide 7.096 acres into 24 lots for residen- tial purposes and one lot for common area; a portion of Block 56, Irvine °s Subdivision, generally bounded by Bison Avenue, Jamboree Road, Ford Road, and MacArthur Boulevard; zoned P -C, and Resolution No. 9865 was adopted authorizing the R -9865 Mayor and City Clerk to execute a Subdivision Agreement between the City of Newport Beach and Daon Corporation and Eagle Development in connection with the public improvements required with Tract No. 11045. Volume 34 - Page 201 • COUNCILMEN MINUTES ROLL CAL ¢ August 25. 1980 ininry 7. Final Map of Tract No. 11046 was approved (a Tr. No. portion of Tentative Tract Map 10391), a request 11046 of Daon Corporation and Eagle Development to • subdivide 6.734 acres into 27 lots for residential purposes, one lot for private recreational pur- poses, and one lot for common area; a portion of Block 56, Irvine's Subdivision, generally bounded by Bison Avenue, Jamboree Road, Ford Road, and MacArthur Boulevard; zoned P -C, and Resolution No. 9866 was adopted authorizing the R -9866 Mayor and City Clerk to execute a Subdivision Agreement between the City of Newport Beach and Daon Corporation and Eagle Development in connec- tion with the public improvements required with Tract No. 11046. 8. Final Map of Tract No. 11047 was approved (a Tr. No. portion of Tentative Tract Map 10391), a request 11047 of Daon Corporation and Eagle Development to subdivide 4.095 acres into 18 lots for residential purposes; a portion of Block 56, Irvine's Subdivi- sion, generally bounded by Bison Avenue, Jamboree Road, Ford Road, and MacArthur Boulevard; zoned P -C, and Resolution No. 9867 was adopted authorizing the R -9867 Mayor and City Clerk to execute a Subdivision • Agreement between the City of Newport Beach and Daon Corporation and :Eagle Development in connec- tion with the public improvements required with Tract No. 11047. 9. Final Map of Tract No. 11048 was approved (a Tr. No. portion of Tentative Tract Map 10391), a request 11048 of Daon Corporation and Eagle Development to subdivide 5.735 acres into 19 lots for residential purposes and one lot for common area; a portion of Block 56, Irvine's Subdivision, generally bounded by Bison Avenue, Jamboree Road, Ford Road, and MacArthur Boulevard; zoned P -C, and Resolution No. 9868 was adopted authorizing the R -9868 Mayor and City Clerk to execute a Subdivision Agreement between the City of Newport Beach and Daon Corporation and Eagle Development in connec- tion with the public improvements required with Tract No. 11048. Volume 34 - Page 202 • GIT WARM :EACH COUNCILMEN MINUTES ROLL CALK %mac!' August 25, 1980 INDEX 10. Final Map of Tract No. 10986 was approved (a Tr. No. portion of Tentative Tract Map 10391), a request 10986 of Daon Corporation and Eagle Development to subdivide 7.359 acres into 29 lots for residential • I I purposes and two lots for common area; a portion of Block 56, Irvine's Subdivision, generally bounded by Bison Avenue, Jamboree Road, Ford Road, and MacArthur Boulevard; zoned P -C, and Resolution No. 9869 was adopted authorizing the R -9869 Mayor and City Clerk to execute a Subdivision Agreement between the City of Newport Beach and Daon Corporation and Eagle Development in connec- tion with the public :improvements required with Tract No. 10986. 11. Final Map of Tract No. 10987 was approved (a Tr. No. portion of Tentative Tract Map 10391), a request 10987 of Daon Corporation and Eagle Development to subdivide 15.623 acres into four lots for residen- tial condominium purposes, two lots for private streets, and one lot for common area; a portion of Block 56, lrvl,ne's Subdivision, generally bounded by Bison Avenue, Jamboree Road, Ford Road, and MacArthur Boulevard; zoned P -C, and Resolution No. 9870 was adopted authorizing the R -9870 • Mayor and City Clerk to execute a Subdivision Agreement between the City of Newport Beach and Daon Corporation and Eagle Development in connec- tion with the public improvements required with Tract No. 10987. 12. A petition bearing 196 signatures protesting the Traffic "Circular Landscaped Island" located on Cliff (85) I Drive and Irvine Avenue, was presented. A petition bearing additional signatures was presented for display at the request of the public. A report was presented from Mayor Pro Tem Hart requesting removal of the center circle and replacing the circle with cement. A report was presented from the City Manager i regarding financing of the project to remove the island. Volume 34 - Page 203 I, i • i COUNCILMEN A ROLL C®t_��YP MINUTES The following people addressed the Council in support of removing the circular landscaped island: Linda Scheck commended the Council for • I their support, and Bob Lear and Alice Pobog, who protested the use of public tax money spent in constructing and removal of said island. Gloria Rowe witnessed a recent experience wherein a fire truck had difficulty in turning around the island, and requested removal of the reflective markers, along with Charles Palmer, who claimed that the markers deceive and confuse the vehicle and bicycle traffic. Motion x The raised circular island is to be removed and All Ayes filled with cement, as soon as possible. 13. A report was presented from the Public Works Holstein Department regarding a request of Holstein Indus- Subdivision tries for release of improvement sureties in the (84) Bluffs area. Motion x The following actions were taken: All Ayes (a) "The Bluffs" (Holstein Industries) was Tr. Nos. released from any obligation to construct 5878/6230 improvements on Vista del Playa and Street "A" adjacent to Tracts 5878 and 6230 and from any obligation to construct improvements on Vista del Bolas (now Vista del Vela) adjacent to Tracts 7052 • and 7083. (b) The City Clerk was authorized to release Tr. No. 5878 the Faithful Performance Bond and the Labor and Materials Bond (Bond No. 258874) required of Tract No. 5878 for Bista del Playa improvements. (c) The City Clerk was authorized to release Tr. No. 6230 the Faithful Performance Bond and the Labor and Materials Bond required of Tract No. 6230 for Vista del Playa (Bond No. 265903) improvements and Street "A" (Bond No. 265902) improve - ments. Volume 34 - Page 204 • MTY OF NEWPORT BEACH COUNCILMEN MINUTES .JLL CALL e ''p�J August 25 1980 INDEX (d) The City Clerk was authorized to release Tr. No. i the Faithful Performance Bond and the 7052 Labor and Materials Bond (Bond No. SC • i 7107475) required of Tract No. 7052 for i Vista del Bolas improvements. (e) The City Clerk was authorized to release Tr. No. the Faithful Performance Bond and the 7083 Labor. and Materials Bond (Bond No. SC 7104622) required of Tract No. 7083 for Vista del Bolsa improvements. 14. A report was presented from the Pending Legislation Legislation and Procedural Ethics Committee regarding Housing (48) Element Guidelines - AB- 2464/AB -2853. >tion x The Council took the same position as the League _t Ayes of California Cities, and AB -2853 was not sup- ported until it is amended. 15. A report was presented from the License Supervisor Permits regarding the application of the Arts Commission (65) for special event /fireworks and amplified sound permits at Eastbluff Park on September 1, 1980 (Labor Day) from 5:00 p.m. to 9:00 p.m. Beryl Melinkoff, Arts Commission Chairman, address- ed the Council and informed them that the fireworks permit had been withdrawn by the Commission, and addressed the concerns of Council with regard to vehicular traffic control, and private property • insurance and protection. The City Manager addressed the request of Mayor Heather regarding cooperation from the Police Department to insure reasonable traffic control for the event. ;:ion x The request for special event and amplified sound It_ Ayes permits at Eastbluff Park on September 1, 1980 from 5:00 p.m. to 9:00 p.m., was approved. 16. A report was presented from the City Attorney .plp, cy„SN regarding adult entertainment. 0-I$lv4 The following emergency ordinance was presented, Ordinance No. 1864, AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT BEACH PROHIBITING THE USE OF PROPERTY WITHIN THE CITY OF NEWPORT BEACH FOR ADULT ENTERTAINMENT PURPOSES PURSANT TO SECTION 65858 OF THE i CALIFORNIA GOVERNMENT CODE. i Volume 34 - Page 205 I • I COUNCILMEN MINUTES ... 4ULL ',6ALL �t �+ v' nuguaL 11, 1N VCA A report from the Chief of Police was presented to Council. Mot! x Emergency Ordinance No. 1864 was introduced and All Ayes I adopted as presented. 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: Records /Mgmt (a) Resolution No. 9871 approving the destruc- R -9871 tion of certain records in the City (32) Clerk's office. (Attached with a report from the City Clerk) (b) Resolution No. 9872 authorizing the Mayor R -9872 and City Clerk to execute a License UP 1924 Agreement between the City and California Federal Savings S. Loan in connection with (88) nonstandard improvements in public right - of -way adjacent to California Federal Savings and Loan (Use Permit No. 1924). • (A report from the Public Works Department) (c) Resolution No. 9873 directing the Traffic Parking Engineer to designate two parking stalls R -9873 near the Newport Pier for handicapped (64) parking. (A report from the Public Works Department) (d) Removed from the Consent Calendar. (e) Resolution No. 9874 authorizing the R- O- W /Ded. dedication of certain City -owned property R -9874 located adjacent to 1909 West Balboa (73) Boulevard as public right -of -way. (A report from the City Attorney) 3. COMMUNICATIONS - For referral as indicated: (a) Removed from the Consent Calendar. (b) Removed from the Consent Calendar. Volume 34 - Page 206 I C i iw �o 1,115 11' R COUNCILMEN MINUTES ROLL C9.L \fP\p August 25, 1980 INDEX (c) To staff for inclusion in their ongoing PBSR Local Coastal Program considerations, (62) - letters from Mary G. Scarborough and i Arthur Manuel protesting the extension of the bikeway along the oceanfront, and the installation of restrooms at the Wedge. (Attached) (d) To staff for inclusion in their report Alley /Vac regarding vacation of portion of alley at (90) 107 - 33rd Street, a letter from Florence Amerian and Barbara Kalajian, owners of property at 106 - 106;�/34th Street, requesting definition of property lines to include the alley. (Attached) (e) Removed from the Consent Calendar. (f) To staff for reply, a letter from Ksenia Marine Dept. Larson regarding algae, specifically in (51) the south Bay area, and suggesting that the City take steps to eliminate algae growth. (Attached) (g) To staff for reply, a letter from Delta Police Dept. Tau Delta Fraternity regarding the Newport (70) Beach Police Department's conduct in connection with investigation of a noise complaint involving one of their "rush" functions. (Attached) (h) To the Pending Legislation and Procedural Res /City of • Ethics Committee, a resolution adopted by Sacramento the City of Sacramento, regarding the (77) Equal Rights Amendment and selection of Atlanta, Georgia as site for 1980 Congress of cities. (Attached) (i) Removed from the Consent Calendar. 4. COMMUNICATIONS - For referral to the City 1 Clerk for inclusion in the records: (a) A letter from Alan W. Whitehead, Manager,, Harbor Inn Motel,relating his experience with the beach going public's disregard for public property,for the lack of public restrooms, the trash and beer bottles thrown from moving cars and the i lack of public parking, and suggesting that violation code warnings be posted, or publicized through the media. (Attached) i Volume 34 - Page 207 j • i I CITY Ci7F r11�E.' 1111, F' )FTFat f COUNCILMEN MINUTES ROLL CDALL e % August 25, 1980 INDEX (b) A letter from Edwin 0. Williams regarding his concern for the shortage of marina facilities and harbors of refuge for • I small craft, and urging support for the "Keys Marina" at the mouth of the Santa i Ana River. (Attached) (c) A letter from Dr. Eugene D. Gierson, thanking the General Services Director for his reply dated August 11, and for sweeping the street at 36th and Seashore. (Attached) (d) A letter from Joseph F. and Janet W. Mariscal complimenting and commending Larry Capune, Newport Beach Lifeguard, for his efforts to provide neighborhood entertainment for the children by showing movies with the permission of Little Balboa Island residents. (Attached) (e) A letter from the! Jasmine Creek Community Association supporting the City in its - opposition to the expansion of the John Wayne Airport terminal. (Attached) (f) A letter from Alan L. Blum regarding the recent test of the "Super 80," and requesting that the City continue in its efforts to protect the community from noise pollution. (Attached) • (g) Letters from Southern California Edison Company advising that: (1) The division of the property shown on the Final Parcel Map No. 79 -704 (Resubdivision No. 616), located at Irvine Coast Country Club, will not unreasonably interfere with the exercise of any easement(s) within the boundaries of said parcel map. (2) The division and development of the property shown on the final map of Tract No. 11160 (Resubdivi- sion No. 661), located at 355 Placentia, will not unreasonably i interfere with the exercise of the easement(s) within the boundaries of said tract map. i (h) Removed from the Consent Calendar. (i) Removed from the Consent Calendar. Volume 34 - Page 208 I • I i i CITY OF NEWPORT BEACH COUNCILMEN MINUTES .o ROLL CAL��`' August 25, 1980 INDEX (j) A copy of a letter from Allyn McDowell to the Planning Commission Chairman regarding his impressions, as a visitor, of the controversy concerning the possible extension of the: concrete walkway on the ` beach. (Attached) (k) Removed from the Consent Calendar. (1) Copies of replies from the Maricopa County Attorney's Office and the Mayor of Portland, Oregon in response to Al Lizanetz's efforts to suppress the sale of Seagrams' liquor in their states. (Attached) (m) Preliminary agenda for Local Agency Formation Commission meeting of August 27, scheduling Spheres of Influence of Newport Beach and Costa Mesa. (Attached) (n) Minutes of the Local Agency Formation Commis- sion meeting of July 23, including review and update of Newport Beach's Sphere of Influence. (Attached) (o) Applications before Public Utilities Commis- sion: (1) Trailways, Inc. and American Buslines, Inc. to increase intra- state passenger fares. • (2) Southern California Edison Company to increase base rates for electric service. (3) Southern California Gas Company for adjusting tariffs. (4) Palm Springs Shuttle Service, Inc. to operate as passenger and baggage service between Orange County and Palm Springs and surrounding cities. (p) Agenda for Board of Supervisors meetings of August 12, 13, 19 and 20, 1980. 5. CLAIMS FOR DAMAGES - For denial and confirmation Claims of the City Clerk's referral to the insurance (36) carrier: (a) Claim of John Smith for damages on May 11, iSmith 1980 at Balboa and 13th Street, allegedly sustained while being issued a traffic citation. (b) Claim of D. G. Cowie for property damage iCowie on July 28, 1980, alleging that a City refuse truck destroyed his garbage can when it turned onto private property at 318 Island Avenue. Volume 34 - Page 209 CF ITY Cil�0rJM 4r"161) E:3E_;•F'.�. COUNCILMEN -.JLL CALL < Z1' A„onar 25_ 7980 MINUTES iruncv (c) Claim of William R. Nichols for property Nichols damage allegedly sustained when his car was towed away from 123 - 44th Street on • July 25, 1980. (d) Claim of Gary Gundersen for property Gunderseh damage allegedly sustained when a baseball broke his windshield while he was on duty at Fire Station 6„ 1348 Irvine Boulevard on August 8, 1980. (e) Claim of Tom F. Maniscalco for false Maniscalco arrest and imprisonment at 43rd and River Drive on June 16, 1980. (f) Claim of Bernard B. Greene for property Greene damage allegedly :sustained when a utility cover went through the bottom of his car on Dover Road on June 6, 1980. (g) Claim of Michael Louis Gibellino for Gibellino property damage allegedly sustained when his car was struck by a City vehicle. 6. SUMMONS AND COMPLAINTS - For confirmation of the City Clerk's referral to the insurance carrier: (a) Summons and Complaint of John Rosheim for Rosheim deprivation of rights under color of state law, assault and battery, negligence, Case • No. 339394 in Orange County Superior Court. No previous claim filed. (b) Summons and Complaint of Thomas Wilcox, a Wilcox minor, by Toby Wilcox, his guardian ad litem,for injunctive relief and damages, Case No. 33 -92 -76 in Orange County Superior Court. No previous claim filed. (c) Summons and Complaint of Philip Scott Ramser, Jr. Ramser, Jr. for false imprisonment, battery and malicious prosecution, and exemplary damages, Case No. 40524 in Municipal Court, Harbor Judicial District. (d) Summons and Complaint of Patrick T. Bressert Bressert for personal injuries, Case No. 41433, in Harbor Municipal Court. I Volume 34 - Page 210 0 1 COUNCILMEN AAINUTE S _\Uxt. Nk JLL l.aoLL a.6..L u, nw Iry DEA 7. REQUEST TO FILL PERSONNEL VACANCIES - For approval: _J Personnel /Vac ! (A report from the City Manager) (66) • i (a) One Equipment Operator I, General Services Department, to fill a vacant position: (b) One Steno Clerk II, Traffic and Parking - Public Works Department, to fill a vacant position. (c) One Secretary, Current Planning - Planning Department, to fill a vacant position. (d) One Refuse Crewman, General Services Depart- ment, to fill a vacant position. (e) One Water Plant Supervisor, Utility Depart- ment, to fill a position to be vacated. (f) One Water Meter Man, Utility Department, to fill a vacant position. 8. STAFF REPORTS: - None. 9. PUBLIC HEARING SCHEDULING: None. 10. BICYCLE TRAILS CITIZENS ADVISORY COMMITTEE - Accep- BTCAC /Resig. tance of the resignation of Betsy Mackenzie with (24) regret, direction to the City Clerk to prepare a Certificate of Appreciation and to place the item on the agenda for September 8 for filling the • vacancy. (Resignation letter attached) 11. LIDO ISLE SEWER FORCE MAIN REPLACEMENT (C -2108) - Lido Is /Sewer Acceptance of the work; and authorization to the Main /Replac. City Clerk to file a Notice of Completion; and (C -2108) authorization to the City Clerk to release the (38) bonds 35 days after the Notice of Completion has been filed. (A report from the Public Works Department) 12. EL CAPITAN DRIVE SIDEWALK CONSTRUCTION (C -2105) - E1Cap /SDW1k Acceptance of the work; authorization to the City (C -2105) Clerk to file a Notice of Completion; and authori- (38) zation to the City Clerk to release the bonds 35 days after the Notice of Completion has been filed. (A report from the Public Works Department) 13. WEST COAST HIGHWAY IMPROVEMENTS (SOUTH SIDE) 57TH WCHwy /Imp. STREET TO BALBOA BOULEVARD (C -2062) - Acceptance (C -2062) of the work; authorization to the City Clerk to i (38) file a Notice of Completion; and authorization to the City Clerk to release the bonds 35 days after the Notice of Completion has been filed. (A report from the Public Works Department) Volume 34 - Page 211 • I ! CITY rJ- EW�U'.T :E�CH COUNCILRAEN MINUTES POLL C9 LL f August 25, 1980 INDEX 14. TRAFFIC SIGNAL MODIFICATIONS ON IRVINE AVENUE AT TrfSig /Iry /Uu UNIVERSITY DRIVE AND AT MESA DRIVE (C -2040) - Mesa Dr Acceptance of the work.; assessment of liquidated (C -2040) damages in the amount of $5,400; authorization to (38) • j the City Clerk to file a Notice of Completion; and i authorization to the City Clerk to release the bonds 35 days after the Notice of Completion has been filed. (A report from the Public works Department) 15. BIG CANYON RESERVOIR RESTORATION (C -2173) - Approv- BCResRest al of the plans and specifications; and authori- (C -2173) zation to the City Clerk to advertise for bids to (38) be opened at 10:30 a.m.,September 11, 1980. (A report from the Public Works Department. 16. Removed from the Consent Calendar. 17. HARBOR PERMIT APPLICATION - Approval, subject to Harbor Permit the conditions listed in the staff report, of the (51) Harbor Permit application No. 173 -111 of Luis Barrenchea to revise an existing slip at 111 Via Lido Soud. (A report from the Marine Department) 18. MAINTENANCE DREDGING HARBOR PERMIT - Approval of Harbor Permit the following applications for maintenance dredg- (51) ing 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) 256 -1000 City of Newport Coral Ave. Street End Beach • 113 -209 Robert J. Lancaster 209 Edgewater 105 -109 Howard S. Martin 109 Bayside Place 19. BUDGET AMENDMENTS - For approval: BA -013, $25,000.00 for professional services, BA training, field surveys, and testing in connection (25) with the City oil wells in West Newport, from Unappropriated Surplus to Oil, Services- Profession- al, Technical, etc., Tide and Submerged Lands Fund. (A report from the Utilities Department) 20. HOAG HOSPITAL REQUEST -- Approval of proposed reply Hoag Hosp. from the City Manager to a letter from Hoag Memori- (73) al Hospital Presbyterian requesting waiver of the 60 -day notice. (Attached) I. ITEMS REMOVED FROM THE CONSENT CALENDAR: ` 1. A letter from the West Newport Beach Improvement jGP Association requesting a specific area plan for 1(45) Cannery Village /McFadden Square area, was presented] Volume 34 - Page 212 • I MY OF NEWPORT BEACH COUNCILMEN !MINUTES BOLL CQL d August 25, 1980 INDEX Motion I x The item was referred to the Planning Commission, All Aye" based on priorities and review of LCP developments, • that there be two general plans, with a specific area plan for three neglected areas of Newport Beach; the Newport Pier, Cannery Village and the i Balboa Commercial District. Motion x 2. A letter from Bill Agee requesting consideration Zoning Amend All Ayes of the unfair standards imposed upon R -2 property (94) owners as a result of the rejection of the Corona del Mar Residential Development Standards Study Committee proposal, was received and ordered filed. Motion x 3. A letter from William C. Hardesty, including a Building All Ayes letter written to the Code Enforcement Officer, (26) regarding the City's requirement for the inspection of property prior to a sale, was referred to staff for reply. Roger Morin addressed the Council, relating his experience in a recent escrow transaction which disclosed an R -2 building on an R -1 lot, and requested that mandatory inspection prior to sale of property be strictly adhered to. Council requested a copy of staff's reply to Mr. Hardesty. 4. A newspaper clipping from R. Penkwitz regarding Parking the City of Anaheim's solution to parking problems (64) �• faced by homeowners west of Anaheim Convention Center during major events, and his comments regarding problems faced by Newport Beach homeowner by the beach -going public, was presented. Motion x The item was referred to staff for input from All Ayes Homeowners Associations regarding the feasibility of issuing special parking stickers to residents. The City Attorney will investigate and report back to Council on a similar project developed for the City of Beverly Hills. 5. A resolution opposing the rate increase appli- PacTel cation of Pacific Telephone filed August 1, 1980, (89) was presented. Pat Krone, Public Affairs Manager, Pacific Telephon Company, addressed the Council, requesting that no position be taken by the City of Newport Beach, pending the California State Commission hearing. Motion x Councilman Strauss' motion to adopt the resolution Ayes x x x failed. Noe" x x x I Aharnin x Mayor Heather requested the item be continued and j _¢ion x brought back on the Consent Calendar when the A_71 Ayes telephone company's testimony has been analyzed by staff, in a timely manner, before the November 10 •. deadline. i Volume 34 - Page 213 i COUNCILMEN ROLL CALL C • Motion All Ayes Motion All Ayes Motion All Ayes • r� MINUTES INDEX rkg /Cit 70) Iasis /PB &R ,62) 'encroachment/ Cobb (65) August 25, 1980 � 6. A letter from Anne Fr+ackelton regarding the parking 1 citation she and her husband received while visit- i ing Newport Beach, and a copy of a letter from Mrs. Benjamin T. Lillegraven to Orange County j Harbor Court, regarding a parking citation she I received, were presented. x The letters were referred to staff for reply. 7. A letter from the Corona del Mar Civic Association 4 regarding the City policy for use of Oasis for civic meetings, was presented. x The item was continued to a Study Session, pending report back from the Parks, Beaches and Recreation Commission. 8. A report was presented) from the Public Works Depart- ment regarding the application of Dennis Cobb to construct a 4 -foot high chain link fence and wrought iron gate encroaching 3 feet into 36th Street, adjacent to 3601 Finley Avenue. Dennis Cobb addressed the Council regarding his application x The item was continued to the meeting of September 8 to allow for a reexamination of the parcel. Mayor Heather adjourned the meeting at 11:05 p.m. Xa&yW- ATTEST: City C1 rk �u 4 I Volume 34 - Page 214 i INDEX rkg /Cit 70) Iasis /PB &R ,62) 'encroachment/ Cobb (65)