HomeMy WebLinkAbout03/12/1979 - Regular MeetingCOUNCILMEN
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9?i T � dip to
ROL l CALL S
CITY OF NEWPORT BEACH
REGULAR COUNCIL MEETING
Place: Council Chambers
Time: 7:30 P.M.
Date: March 12, 1979
MINU LES
INDEX
Present
x
x
x
x
x
x
x
A. Roll Call.
.
B. The reading of the Minutes of the Regular Meeting
Motion
x
of February 26, 1979 was waived, and the Minutes
All Ayes
were approved as written and ordered filed.
C. The reading in full of all ordinances and resol.u-
Motion
x
tions under consideration was waived, and the
All Ayes
City Clerk was directed to read by titles only.
D. HEARINGS:
1. Mayor Ryckoff opened the public hearing regarding
Bluff
Ordinance No. 1798, being,
Develol
Regula
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
0 -1798
AMENDING SECTION 20.51.080 TO THE NEWPORT
(3061)
BEACH MUNICIPAL CODE ENTITLED "DEVELOPMENT
OF COASTAL BLUFF SITES" (RELATING TO PLANNED
COMMUNITY DISTRICTS),
Planning Commission Amendment No. 515, a request
initiated by the City of Newport Beach to consider
an amendment to Title 20 adopting regulations for
blufftop developments in the Planned Community
Districts, and the acceptance of an environmental
document.
Reports were presented from the Community Develop-
ment Department and the Parks, Beaches and
Recreation Director.
Motion
x
The hearing was closed after it was determined
All Ayes
that no one desired to be heard.
Mayor Pro Tem Williams proposed changes in
Ordinance No. 1798 as follows:
(a) In addition to the coastal bluffs indicated
on the Bluff Areas Map, add those bluffs,
including those down coast, which are in our .
sphere of influence, which are in the
presently designated "Coastal Zone" as
regulated by the Coastal Commission, except
for the McLain parcel.
(b) In Section 20.51.080 (d), the reference to
33 degrees to be changed to 26.6 degrees.
Councilman McInnis asked that a change be included
regarding Section 20.51.080 (f) changing the
limitations on the height of the structures to
that designated in the Planned Community Develop-
ment Plan.
Motion
x
The hearing was reopened to give The Irvine Company
All Ayes
a chance to respond to the change involving down -
coast property.
The following people addressed the Council and
I
opposed the inclusion of all downcoast bluffs:
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Robert Shelton, John Macnab and Richard Spooner,
Executive Vice President of the Newport Harbor
Area Chamber of Commerce.
Dr. Eugene Atherton addressed the Council in favor
of the inclusion of the downcoast bluffs.
Motion
x
The hearing was reclosed after it was determined
All Ayes
that no one else desired to be heard.
The Council agreed to take a straw vote regarding
the three suggested changes, for (a) and (b) a
green light to be affirmative for inclusion, and
a red light opposed; for (c) a green light would
retain present wording and a red light would
indicate change.
Green
x
x
x
x
x
(a) Those bluffs, including down coast, which
-
Red
x
x
are in our sphere of influence, which are in
the presently designated "Coastal Zone" as
regulated by the Coastal Commission, except
for the McLain parcel, are to be included.
Green
x
x
x
x
x
(b) In Section 20.51.080 (d), the reference to 33
Red
x
x
degrees will be changed to 26.6 degrees,
Green
x
x
(c) In Section 20.51,080 (f), the height of
Red
x
x
x
x
x
structures shall be as designated in the
•
Planned Community Development Plan.
Motion
x
Ordinance No. 1798 was reintroduced, as amended,
All Ayes
and passed to second reading on March 26, 1979.
2. Mayor Ryckoff opened the public hearing regarding
Npt Cente
Ordinance No. 1799, being,
B1 800 P
Dev Plan
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
0 -1799
ESTABLISHING A PLANNED COMMUNITY DEVELOPMENT
(3181)
PLAN AND DEVELOPMENT STANDARDS FOR BLOCK 800
IN NEWPORT CENTER, AND THE ACCEPTANCE OF AN
ENVIRONMENTAL DOCUMENT (AMENDMENT NO. 526),
a request of Pacific Mutual Life Insurance Company
to establish a Planned Community Development Plan
and Development Standards for Block 800 in Newport
Center, and the acceptance of an Environmental
_
Document on property located at 800 Newport Center
Drive, on the westerly side of Newport Center Drive,
northerly of Santa Barbara Drive in Newport Center;
zoned P -C.
AND
A request of The Irvine Company to reallocate
66,015 Sq. ft. of proposed office building
development from Block 500; 58fii80 sq. ft. from
Pacific Coast Highway East and West; and 44,010 sq.
ft, from Avocado /MacArthur; and at the option of
•
The Irvine Company and Pacific Mutual, prior
to recordation of the parcel map, the realloca-
tion from either Block 500 or Block 700 of
93,280 sq. ft., making 350,000 sq. ft.
i
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CITY OF NEWPORT BEACH
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ROLL CALL , d March 12, 1979 ininr V
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for potential office building. Addition-
ally, The Trvine Company requests that 4,156 sq.
ft. of space be reallocated from Pacific Coast
Highway East and West, and 1,511 sq. ft. of space
from either Block 500 or Block 700, at their optio
,
be reallocated to Block 800 in Newport Center to
allow for the construction of a 10,000 sq. ft.
restaurant which would contain a maximum of
5,667 sq. ft. of net public area.
A report was presented from the Community Develop-
ment Department.
Harry Bubb, President, and Steven Gavin, Vice
President Corporate Relation Officer, of Pacific
Mutual Life Insurance addressed the Council. Mr.
Gavin stated that they were reducing the elevation
by three floors and would be willing to continue
for not more than six weeks, if necessary; that
they would be willing to eliminate the high -rise
condominiums, but that they would continue to be
committed to all mitigation required for the two
ten -story buildings, traffic and otherwise, and
all other conditions.
Robert Shelton, of The Irvine Company, addressed
the Council and stated that the condominiums were
included in the Environmental Impact Report
•
because of a previous direction of the Council.
Donald Gralneck, representing Pacific Mutual
Insurance, addressed the Council and asked if the
ordinance were changed to delete reference to the
residential development, if that would require a
revision to the ordinance next time to come back
-
for reintroduction, or if it would be enacted at
that time.
The City Attorney stated that the action would
lower the density of the project and could be
considered on April 23, if continued to that date,
without reintroduction.
Gary Schamberg, President of Eastbluff Homeowners
Association, addressed the Council regarding the
_
necessity for developers to institute sound atten-
uation factors along Jamboree Road, and was asked
to submit a letter with suggestions proposed by the
Association.
Motion
x
The public hearing was continued to April 23, with
All Ayes
the applicant stipulating concurrence to
continuation.
'
The Council unanimously agreed to take Agenda Item F -1
out of order and consider it at this time.
A report was presented from the Community Development
Department regarding the Planning Commission's recom-
mendations concerning the definition of the term
"reasonableness" as applied to a traffic phasing plan I
for "excepted" Planned Community Districts.
Volume 33 - Page 58
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
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ROLL CALL �d s March 12, 1979 INDEX
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Gordon West, President of the Newport Harbor Area
Chamber of Commerce, and Michael C. Gering addressed
the Council, but were ruled out of order by the Mayor
for not addressing the subject under consideration.
The information to be submitted by the developer, as
recommended by the Planning Commission in connection
with the test of reasonableness for applicable planned
-
communities, was modified to change the percentage
Motion
x
of increase in item 3 from 5% to 2%, to revise item 2
Ayes
x
x
x
x
and to add items 7 and 8. The list was approved as
Noes
x
x
x
follows:
(a) Each project subject to the phasing requirement
of Council Resolution No. 9472 shall be examined
as to the extent of existing development and the
amount of development remaining to be completed.
(b) Information shall be submitted indicating the
amount of traffic being generated by existing
development, that projected for remaining
development, and traffic that will exist after
completion of the project.
(c) An examination shall be made of the circulation
system in the vicinity of the project to determin
what improvements remain to be completed, with
particular consideration being given to those
improvements which will directly aid in moving
traffic generated by the project. The area to be
examined shall extend to those intersections
where traffic generated from the project increase
the traffic for any leg of the intersection durin
the peak two and one -half hour period by 2% or
more.
-
(d) Existing traffic at those intersections shall be
shown prior to making any projections.
(e) The developer may include in his proposed
traffic phasing plan completion of or contribu-
tion to completion of needed improvements con-
sistent with the level of traffic generation and
a reasonable proportion of the cost of these
improvements.
(f) The developer is also to take into consideration
in the preparation of his plan characteristics
in the design of his development which either
reduce traffic generation or guide traffic onto
-
less impacted arterials or through intersections
in the least congested direction.
(g) Upon receipt of the plan and information, the
Commission will determine whether there is a
reasonable correlation between projected traffic
at time of project completion and capacity of
affected intersections in considering the project
•
for approval.
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CITY OF NEWPORT BEACH
March 12, 1979
MINUTES
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(h) Mitigation proposed needs to indicate degree of
•
permanence in order to meet the test.
The regular order of the Agena was resumed.
3. Mayor Ryckoff opened the public hearing regarding
Newport'
Planning Commission Amendment No. 527, a request
Center
initiated by the City of Newport Beach to consider
Civic
an amendment to the Civic Plaza Planned Community
Plaza
Development Plan to require the preparation of a
(2285)
traffic phasing plan and reduction in allowable
intensity of development and the acceptance of an
Environmental Document on property bounded by San
Joaquin Hills Road, Santa Cruz Drive, San Clemente
Drive, and Santa Barbara Drive in Newport Center;
zoned P -C.
A report was presented from the Community Develop-
ment Department.
Ron Hendrickson of The Irvine Company addressed
the Council and stated that Council had voted to
make Civic Plaza an excepted project, and asked
that the revised P -C Plan be approved, and that
the project be considered on a 30 %/70% approach.
Motion
x
The hearing was closed after it was determined
All Ayes
that no one else desired to be heard.
ion
x
Councilman Hummel made a motion that the test of
reasonableness be applied to 100% of the Civic
Plaza project.
Councilman Heather made a statement for the
record, as follows: "I feel that this project
which was accepted and has had its zone changed
and reduced, and is now being further impinged by
100% development review instead of 30 %, I think
that it is beyond the scope of this Council to
make that kind- I, personally feel, legally,
that we do not have the right to further discrim-
inate against this project."
Motion
x
Councilman Hart made a substitute motion to
continue the item to March 26.
Motion
x
Councilman McInnis made a substitute substitute
Ayes
x
x
x
x
motion to adopt Resolution No. 9517 amending the
R -9517
Noes
x
x
x
Planned Community Development Plan for Civic Plaza
revising the allowable development plan, and
accepting an environmental document, which motion
carried.
F. CONTINUED BUSINESS:
1. Previously considered.
2. A report was presented from the Community Develop-
Newport
•
ment Department regarding Planning Commission
Planned
action with regard to a request of Emkay Develop-
Communi
ment and Realty Company for the approval of a
(1275)
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Phasing Plan for the remaining development in the
Newport Place Planned Community, located on
- property bounded by MacArthur Boulevard, Bristol
Street North and Birch Street, in,Newport Place.
The following people addressed the Council in
behalf of Emkay Development and Realty Company:
Robert Alleborn; Kevin Hansen, who presented
"Position Paper With Regard to Appeal of the
_
Phasing Plan for Newport Place Planned Community;"
and Bob Break, attorney, who stated he was avail-
able to answer questions.
Robert Hill, representing Bear Brand Ranch,
addressed the Council and requested approval and
that the decision of the Planning Commission be
sustained. Mr. Hill stated that they were allowed
to build 84,000 sq. ft. and proposed to build only
61,000 sq. ft. and would be happy to stipulate
that that would always remain reduced on their
property to mitigate any future possible traffic
impact.
Motion
x
Councilman Heather made a motion to accept the
negative declaration and sustain the decision of
the Planning Commission.
Kevin Hanson, representing Emkay Development and
Realty Company, again addressed the Council and
stated that they were willing to accept, as a
condition of approval, a reduction in the allowed
square footage on their remaining eleven acres by
24 %.
Councilman Heather stated that she would accept
the offered limitations as part of her motion.
Motion
x
Mayor Ryckoff made a substitute motion
Ayes
x
to continue the item to April 9 for staff to
Noes
x
x
x
x
x
x
consider the effect of future traffic on what
has been offered, which motion failed.
Ayes
x
x
x
x
x
x
A vote was taken on Councilman Heather's motion,
Noes
x
and the negative declaration was accepted, the
decision of the Planning Com mission was sus-
tained, and the reductions offered by Emkay
D evelopment and Realty Company and.by Bear Brand
Ranch were accepted.
3. A report was presented from the Traffic Affairs
Seashore
Committee regarding the cul -de -sac of Seashore
Drive
Drive.
(300)
Margot Skilling, President; and Mike Johnson,
Secretary, of the West Newport Improvement
Association addressed the Council endorsing the
use of Seashore Drive as a one -way street with the
dividing line at 46th Street, with one twelve -foot
•
lane and one eight -foot bike lane, and requesting
that a public hearing be held.
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A public hearing was set for April 23 concerning
*otion
x
the installation of a one -way street system on
All Ayes
Seashore Drive starting at 46th Street.
4: A report from the City Librarian dated
Library
February 15 regarding recommendations for a
(474)
member and alternate to the Santiago Library
System Lay Advisory Board was presented.
The matter was postponed to March 26 to allow
Motion
x
time for the Library Board to meet and
All Ayes
recommend additional names.
5. A report was presented from the City Attorney
Council
regarding the amendment of the Minutes of the
Minutes/
Council Meeting of January 22, 1979 in connection
Height &
with Ordinance No. 1793 relating to the height of
Density
structures on the bluff side of Kings Road and
Regulatic
Kings Place to incorporate the express findings
(1279)
made by the Council.
The Minutes of January 22 regarding Ordinance No.
Motion
1793 were amended to incorporate the express
x
findings of Council as expressed during the Council
Ayes
x
x
x
x
x
meeting as contained in the staff report.
Abstain
x
6. (District 1) Councilman Strauss' appointment of
Litter
Johanna Collester to replace Betty Hogan as a
Control
- Motion
x
member of the Litter Control Citizens Advisory
CAC
�11 Ayes
Committee for a one -year term ending December 31,
(2046)
1979 was confirmed.
G. CURRENT BUSINESS:
1. A report was presented from the Community Develop-
Master P-
ment Department regarding consideration of Master
Sts & Hwy
Plan of Streets and Highways and design alterna-
(29)
tives for planned improvements, initiated by the
City of Newport Beach, with recommendations of
the Planning Commission on circulation system
revisions.
A letter received after the Agenda was printed
from Mrs. Jean Richmond Lumsden was presented
regarding Corona del Mar traffic problems and
enclosing a newspaper clipping from the Times.
Motion
x
Consideration of the item was postponed to
All Ayes
March 26, 1979.
2. A report was presented from the City Manager
Council
regarding suggested amendments to Council Policy
Policy
A -4.
(430F)
Motion
x
Proposed amendments 1, 2 and 3 were approved, and
All Ayes
Council Policy A -4, "Boards and Commission
Appointments" was amended accordingly.
ion
x
Publication is to be made by March 30 regarding
1 Ayes
the three vacancies occurring on the Planning
Commission as of June 30, and April 17, 1979 is to
be the cut -off date for receiving applications for
those positions.
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3. A report from the Off-Street Parking Committee was
Parking
presented regarding a revised rate structure for
Permit
the Corona del Mar State and City Beach Park and
(Fees)
Balboa Parking Lots.
(119)
Motion
x
Mayor Pro Tem Williams made a motion to approve
the proposed structure as listed, except that for
the summer rate on Saturdays, Sundays and holidays,
item No. 3 for other vehicles be increased to
$2.50 per day.
Marine Director David Harshbarger gave a brief
staff report.
Gordon Kilmer, concessionnaire at Corona del Mar
State and City Beach Park, addressed the Council
and recommended the rates proposed by staff.
Motion
x
Councilman Hummel made a substitute motion to
Ayes
x
x
x
increase the summer rates for other vehicles to
Noes
x
x
x
x
$2.00 on weekdays and to $2.50 on Saturdays,
Sundays and holidays, which motion failed.
All Ayes
A vote was taken on Mayor Pro Tem Williams' motion,
and Resolution No. 9518, establishing parking fees
R -9518
and regulations for the use of the City parking
lots at Corona del Mar State and City Beach and
Balboa Parking Lot and rescinding Resolution No.
•
8837, was adopted as amended,
4. A report was presented from Councilmen Heather and
Council
Strauss regarding suggestions for shortening
Procedure
Council meetings.
(1096)
Councilman Strauss made a motion to make the
following changes:
(a) Study Sessions to commence at 2:00 p.m. and
end at 4:30 p.m.
(b) Regular Council meetings to commence at
7:00 p.m.
(c) Items appearing on the evening Agenda are
not to appear on the Study Session Agenda
the same day.
Michael Gering addressed the Council and suggested
that people be allowed to address the Council.
Ayes
x
x
x
x
x
x
A vote was taken on Councilman Strauss' motion,
Noes
x
which motion carried.
5. A report was presented from the City Manager
Council
dated February 26, 1979 regarding commercial
Policies
harbor permit fees.
(430)
Sue Ficker addressed the Council and inquired
regarding the possibility of using some of the
additional mooring fees for some of the necessary
•
dredging in the bay.
Motion
x
Section 12 -B of Council Policy H -1, "Harbor Permit
All Ayes
Policies" was amended as recommended.
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H. CONSENT CALENDAR:
Motion
(x
The following actions were approved by one motion
All Ayes
j
affirming the actions on the Consent Calendar:
1. The following ordinance was introduced and set for
public hearing on March 26, 1979:
Proposed Ordinance No. 1800, being, AN ORDINANCE
District
OF THE CITY OF NEWPORT BEACH AMENDING PORTIONS OF
Maps 1, 2,
DISTRICTING MAPS NOS. 1, 2, 22A AND 46 TO RECLAS-
22A & 46
SIFY FROM THE 0 -S OPEN SPACE DISTRICT CERTAIN
0 -1800
PROPERTIES IN WEST NEWPORT LOCATED ON THE NORTHER-
(3203)
LY SIDE OF WEST COAST HIGHWAY ON EITHER SIDE OF
SUPERIOR AVENUE COMMONLY KNOWN AS CALTRANS EAST AND
WEST AND ON THE SOUTHERLY SIDE OF WEST COAST HIGH-
WAY BETWEEN 56TH STREET AND THE SANTA ANA RIVER
COMMONLY KNOWN AS THE PACIFIC ELECTRIC RIGHT -OF-
WAY (AMENDMENT NO. 528), Planning Commission
Amendment No. 528, a request initiated by the City
to amend portions of Districting Maps No. 1, 2,
22A and 46, and reclassify from the R -2, R -3, C -1
and unclassified Districts to the O -S Open Space
District, certain properties in West Newport
located on the northerly side of West Coast High-
way on either side of Superior Avenue, commonly
known as CALTRANS East and West, and on the
southerly side of West Coast Highway between 56th
•
Street and the Santa Ana River, commonly known as
the Pacific Electric Right -of -Way, and West New-
port Park, and the acceptance of an Environmental
Document. (A report from the Community Development
Department)
The following ordinance was introduced and passed
to second reading on March 26, 1979:
Proposed Ordinance No. 1801, being, AN ORDINANCE
Pier Fees/
OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 17.33
Harbor Regs
OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO
0 -1801
PIER FEES.
(386)
2. The following resolutions were adopted:
(a) Resolution No. 9519 authorizing the Mayor
Animal
and City Clerk to execute an Amendment to the
Control
Animal Control Agreement between the City of
R -9519
Newport Beach and James Tapper, D.V.M., Inc.
(862)
(A report from the City Manager)
(b) Resolution No. 9520 authorizing the City
Orco
Attorney to petition the Federal Aviation
Airport
Administration to intervene and become a party
R -9520
to the Orange County Airport Discrimination
(195)
Fact - Finding Investigation.
(c) Resolution No. 9521 authorizing the Mayor
Big Canyon
•
and City Clerk to execute a Right of Entry
Reservoir
Agreement between the City of Newport Beach
R -9521
and the Metropolitan Water District of
(3204)
Southern California in connection with con -
struction of a pressure relief line to Big
Canyon Reservoir. (A report from the
Utilities Director)
Volume 33 - Page 64
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
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(d) Resolution No. 9522 authorizing the Mayor and
Ford Rd/
City Clerk to execute a Cooperative Agreement
MacArthur
between the City of Newport Beach and the
Intersect
State of California Department of Transporta-
Modificat
tion in connection with the Ford Road and
R -9522
MacArthur Boulevard Intersection Modification
(2872)
(C- 1882). (A report from the Public Works
Department)
(e) Resolution No. 9523 approving the Parcel Map
Resub 581
for Resubdivision No. 581 and accepting the
R -9523
dedication of a portion of West Coast Highway.
(3048)
(A report from the Public Works Department)
3. The following communications were referred as
indicated:
(a) To staff for report back, a letter from the
Board of Directors, Jasmine Creek Homeowners
Association, regarding Jasmine Creek street
(440F)
parking. (Attached)
(b) To staff for reply, a letter from Eric J.
Hollander asking that the City adopt legisla-
tion prohibiting fishing from bridges within
the City. (Attached)
(c) To Pending Legislation and Procedural Ethics
Committee for reply, a letter from the Orange
•
County Vector Control District asking for
support for Senate Bill 382. (Attached)
(1032F)
(d) Removed from the Consent Calendar.
(e) To staff for reply, a letter from the City of
Arcadia asking for financial assistance in
their defense in connection with fees and
charges assessed after enactment of Proposi-
tion 13 and before July 1, 1978. (Attached)
(2883)
(f) Removed from the Consent Calendar.
4. The following communications were referred to the
City Clerk for filing and inclusion in the records:
(a) A letter from Paul D. Bennett stating that in
his opinion the new jet departure procedures
from Santa Ana Airport were quieter.
(195)
(Attached)
(b) A letter from Ed Riddle protesting Use Permit
No. 1889 in connection with Larson's Shipyard
(3182)
facility. (Attached)
(c) A letter from Judy B. Rosener
expressing her appreciation for the newly -
instituted Newsletter. (Attached) _
(20)
•
(d) A letter from the City of Huntington Beach
stating that their Council had rescinded its
resolution requesting the County of Orange to
discontinue selling or giving away animals for
research purposes. (Attached)
(862)
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(e) A letter from Mr. and Mrs. E. P. Benson re-
•
garding the City's traffic problems and
enclosing an article from the February 8
Daily Pilot. (Attached)
(960)
(f) Copy of a letter to the California Transporta-
tion Commission from the Public Works Directo
of the City of Irvine opposing the recommenda-
tion of the Commission that the Bristol Stree
Couplet and University Drive North, between
MacArthur Boulevard and 0.2 miles west of
Campus Drive, be adopted as State Highway
Route 73 in Orange County. (Attached)
(397)
(g) A notice from the Public Utilities Commission
regarding hearing notices on rate increase
applications stating that only the parties wh
request confirmation of the hearing date and
.location will be notified, otherwise public
posting or publication will constitute notice
(20)
(h) Agenda of the Board of Supervisors meetings
held February 27, 28, March 6 and 7, 1979.
(i) Removed from the Consent Calendar.
'(j) Removed from the Consent Calendar.
5. The following claims for damages were denied, and
Claims
•
the City Clerk's referral to the insurance carrier
was confirmed:
(a) Claim of John A. Buzzanca for personal in-
Buzzanca
juries allegedly incurred when the car in
(3199)
which he was a passenger was involved in an
accident with a City vehicle on Balboa
Boulevard and 36th Street on January 31, 1979
(b) Claim of Clifford G. Seachrist for property
Seachrist
damage to his home at 1800 Santiago Drive
(3200)
which was allegedly caused when the City
removed a tree creating debris which clogged
their water system on January 10, 1979.
(c) Claim of Allstate Insurance Company as sub-
Allstate/
rogee for Edward Fox in connection with injur
Fox
to Virginia Pearson allegedly sustained when
(3202)
she fell on the sidewalk in front of Mr. Fox'
home on July 15, 1978 due to sidewalk
faultily maintained by the City.
(d) Claim of Mr. and Mrs. James Briggs for
Briggs
death of Julie Ann Briggs on Irvine Boulevard
(3201)
between Mesa and Monte Vista, allegedly caused
by Newport Beach Police who frightened the
horse she was riding causing decedent to be
thrown and receive fatal injuries.
•
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Volume 33 - Page 66
CITY OF NEWPORT BEACH
COUNCILMEN
MINUTES
NP v� 9G 2Z
d
ROLL CALL March 9 March 12, 1979 INDEX
6. The City Clerk's referral of the following
Summons and Complaints to the insurance carrier
was confirmed:
(a) Summons and Complaint of Robert J. Shaw for
Shaw (3003)
damages (assault and battery; false imprison-
ment; and intentional infliction of
emotional distress) Case No. 30 -51 -56
in the Orange County Superior Court. The
original claim was for personal injuries
sustained on March 28, 1978 at the beach on
Washington Street and enroute to the Newport
Beach Police Station.
(b) Petition for Writ of Mandamus, CCP 1085 in
Property
Orange County Superior Court, filed by
Owners/
Warren E. Howland, Les Miller, Loraine J.
Kings Rd &
Miller, Robert Cecka, Jerry Greer and Dr.
Kings Pl.
John Smith v. City Council of the City of
(3205)
Newport Beach (re property on bluff side of
Kings Road and Kings Place)
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 was confirmed:
(c) Summons and Complaint of Beatrice Foods
Beatrice
Company et al for refund of property taxes
Foods
•
(California Revenue and Taxation Code Sec.
(3206)
5140 et seq.) (A report from the City
Attorney)
7. The following request to fill personnel vacancies
(1203F)
was approved: (A report from the City Manager)
(a) One Tree Trimmer 1 position in the Parks,
Beaches & Recreation Department to fill a
position now vacant.
8. The following staff and committee reports were
received and ordered filed;.
(a) A report from the Litter Control Citizens
Animal
Advisory Committee regarding animal regula-
Control
tions. (Attached with a copy of the report
(862)
from the Chief of Police dated January 22,
1979)
(b) A report from the Litter Control Citizens
Litter
Advisory Committee regarding the Committee's
Control
goals and objectives for 1979. (Attached)
CAC
(2046)
(c) A report from the Public Works Department
regarding investigation of saturated terrace
Big Canyon
deposits (seismic stability) at Big Canyon
Reservoir
Reservoir. (Attached)
(3093)
•
hearings scheduled.
9. There were no public
10. Removed from the Consent Calendar.
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Volume 33 - Page 67
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CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
\y 'A
10
ROLL CAL\( �d 'P March 12, 1979 INDEX
•
11. Removed from the Consent Calendar.
12. The work on the Cribwall Construction, Via Lido at
Lido Isle
the Lido Isle Bridge, Contract No. 2000, was
Bridge
accepted; and the City Clerk was authorized to fil
(3113)
a Notice of Completion and to release the bonds
35 days after the Notice of Completion has been
filed. (A report from the Public Works Department
13. The work on the Construction of the Newport Center
Npt Center
Branch Library, Contract No. 1861, was accepted;
Library
the City Clerk was authorized to file a Notice of
(2030)
Completion and to release the bonds 35 days after
the Notice of Completion has been filed; and a
donation of $1,574.42 was accepted from the
Friends of the Library to pay for the kitchen unit
in the community room. (A report from the Public
Works Department)
14. The public improvements constructed in conjunction
Resub 566
with Resubdivision No. 566, located on the north-
(2949)
easterly corner of East Balboa Boulevard and Palm
Street in Central Newport, were accepted; the City
1
Clerk was authorized to release the faithful
performance bond issued by the Ohio Casualty
Insurance Co. and to release the labor and
materials bond in six months provided no claims
-.
have been filed. (A report from the Public Works
Department)
15. The plans and specifications for the Water Main
CdM Water
Replacement in Corona del Mar were approved; and
Main Repl.
the City Clerk was authorized to advertise for bid
(2885)
to be opened at 2:30 p.m. on March 29, 1979. (A
report from the Public Works Department)
16. The following budget amendments were approved:
BA -044, $3,450.00 increase in Budget Appropriation
and increase in Revenue Estimates for purchase of
public address system and outdoor speakers for
Senior Citizens facility with contribution from
Orange County Revenue Sharing Grant, from
Unappropriated Surplus and Donations and
Contributions to Parks, Beaches & Rec. - Senior
Citizen, Equipment N.O.C., Parks and Recreation
Fund. (A report from the Parks, Beaches and
-
Recreation Director)
BA -045, $99,040.00 increase in Budget Appropria-
tions to complete furnishing and equipping of
Newport Center Branch Library, from Unappropriated
Surplus to Newport Center Branch Library, Building
Excise Tax Fund. (A report from the City Manager)
BA -046, $180,000.00 transfer of Budget Appropria-
tions for Parking Citation Management Program,
from Unappropriated Surplus to Nondepartmental,
Services - Professional, Technical, etc., General
Fund.
Volume 33 - Page 68
i
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
ti�s� �o
os
v3 T � s �
ROLL CALL, d' 9 March 12. 1979 INDEX
I. ITEMS REMOVED FROM THE CONSENT CALENDAR:
•
1. A letter to the Mayor from the Newport Harbor Area
Committee
Chamber of Commerce suggesting the establishment
Suggestion
of a "Blue Ribbon Panel" consisting of former
(20)
mayors of the City to study the Council's decision
making process was presented.
The following people addressed the Council in
favor of the proposed panel: R. H.Spooner,
Executive Vice President of Newport Harbor Area
Chamber of Commerce; Michael Gering, and Dan Rogers.
Daniel Emory addressed the Council and opposed the
proposed panel.
Bill Hardesty addressed the Council and stated that
while a certain amount of down- zoning is necessary
to curtail traffic, he felt that property rights
must be recognized.
Motion
x
Councilman Heather made a motion to recognize the
letter from the Chamber of Commerce as a real
concern in the City and for the Mayor to appoint
•
a "blue ribbon" committee to see what can be done
about returning government back to the profes-
sionals and then open discussion of directed items
from, the podium.
ion
x
Councilman Strauss made a substitute motion to
s
x
x
x
x
x
send a courteous letter by the Mayor to the
Noes
x
x
Chamber thanking them for their suggestion and
telling them we decline to do so.
Sue Ficker addressed the Council and upheld the
actions of the City Council.
2. A report from the Community Development Depart-
SCAG
ment was presented with a proposed letter to
(447F)
Southern California Association of Governments
(SCAG) regarding Newport Beach's response to
SCAG's request to commit to implement the 208
Areawide Waste Treatment Management Plan.
Mayor Pro Tem Williams inquired regarding the
effect of our City's refusal to implement the
plan, whether that would shoot down the whole
plan.
Fred Talarico, Environmental Coordinator,
responded and stated that in checking this matter,
it was his impression from the responses elicited
that our refusal to participate would cause
changes in the plan but not cancellation.
Mayor Pro Tem Williams made a motion to authorize
Motion•
x
the Mayor to send the letter as written to James
Wilson with the copies as indicated and adding a
•
copy to Huey Johnson, also a letter is to be
sent to the State Water Resources Control Board
asking them to deny the SCAG plan and adopt the
I
i
City's alternative position.
Volume 33 - Page 69
CITY OF NEWPORT BEACH
COUNCILMEN
y y'iP�yJA�C
F �s
Rni 1 C4,I 1 SST 'P s
KA.. k to io7o
MINUTES
INDEX
ant
7
0
R,
Richard Smith addressed the Council and asked
that Fred Talarico be identified and was informed
that he was a staff member.
iAll Ayes
A vote was taken on Mayor Pro Tern Williams'
motion, which motion carried.
Motion
x
3. Resolution No. 9524, requesting an amendment
Labor Cod4
All Ayes
to Section 3202 of the Labor Code of the State
R -9524
ill)
of California, was adopted.
4. A report was presented from the Community Development
Downcoasl
Department regarding the City's position in connection
Developmc
with the downcoast Local Coastal Program.
(709)
Motion
x
The Mayor was authorized to send a letter to the
All Ayes
Coastal Commission reaffirming the City's position.
5. A letter from Gloria J. Lancona regarding problems
Complaint
in connection with her tenancy at Bayport Apartments
(600)
was presented.
Mrs. Lancona addressed the Council regarding
her problems.
Motion
x
The letter was ordered received and filed.
All Ayes
6. A letter from Dr. Edwin M. Amyes was presented
Coast Hw:
requesting permission to address the Council for
Bridge
ten minutes regarding a hearing by the Coast Guard
(469)
on the height of the proposed Coast Highway Bridge.
Edwin W. Amyes addressed the Council in favor of
raising the height of the Coast Highway Bridge,
and asked the Council to reconsider a petition for
a Coast Guard hearing.
Motion
x
The letter was ordered received and filed.
All Ayes
J. ADDITIONAL BUSINESS:
Motion
x
1. Use Permit 1900 was called up for Council review
Cncl Rt of
Ayes
x
x
x
x
x
x
and set for public hearing on ADril 9. 1979,
UP 1900
Noes
x
Mot ion
2. Mayor-Ryckoff made a motion to authorize the
Pending
x
Mayor to send a letter in support of AB 276 and
AB 308.
(1429)atiol
(1429)
Motion
x
Councilman Strauss made a substitute :notion to
Ayes
x
x
x
x
x
authorize the Mayor to send a letter in support _
Noes
x
x
of only AB 308, which motion carried.
There being no further business to come before the Council,
Mayor Ryckoff declared the meeting adjourned at 1:30 a.m.,
March 13, 1979.
Volume 33 - Page 70
Mayor
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