Loading...
HomeMy WebLinkAbout01/21/1980 - Adjourned Regular MeetingCOUNCILMEN \� ?�!' C��T9�y9S22iir F �w in ){' ADJOURNED COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: January 21, 1980 MINUTES INDEX Present x x x x x A. ROLL CALL. Absent x x B. Councilman Strauss asked that Item 5 under "CURRENT BUSINESS" on Page 6 of the Minutes in connection with Mr. Dmohowski's statement regarding the Baywood Apartments be amended to reflect that this statement referred only to the next 60 to 90 -day period that had been questioned. Motion x The reading of the Minutes in full was waived, and All Ayes the Minutes of the Adjourned Council Meeting of January 7, 1980 were approved as amended and ordered filed. Motion x C. The reading in full of all ordinances and resolutions All Ayes 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 Flammable proposed Ordinance No. 1834, being, Liquid Storage AN ORDINANCE OF THE CITY OF 0 -1834 NEWPORT BEACH ADDING SECTIONS (94) 20.10.040 AND 20.51.032 TO THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE UNDERGROUND STORAGE OF FLAMMABLE LIQUIDS, Planning Commission Amendment No. 540, a request • initiated by the City of Newport Beach to consider an amendment to Title 20 of the Newport Beach Municipal Code as it pertains to the underground storage of flammable liquids in residential areas, and the acceptance of an Environmental Document. A report was presented from the Planning Department. Motion x The hearing was closed after it was determined that All Ayes no one desired to be heard. Motion x Ordinance No. 1834 was adopted. All Ayes E. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1833, being, Animal Control i AN ORDINANCE OF THE CITY OF 0 -1833 NEWPORT BEACH AMENDING SECTION (70) 7.04.100 OF THE NEWPORT BEACH MUNICIPAL CODE PROVIDING FOR IMPOUNDMENT AT A CITY FACILITY OF ANY DOG WHICH BITES A PERSON AND WHOSE OWNER CANNOT PROVIDE PROOF OF CURRENT RABIES VACCINATION, I was presented for second reading. Volume 34 - Page 18 I COUNCILMEN ROLL CALLC Motion All Ayes • Motion All Ayes Motion Motion Ayes Noes • Motion All Ayes Motion All Ayes •III t � { 5 � t• .5 W} � � fl+ � r MINUTES lnnunry 91 104n INDEX St Balboa Bay Club Lease (38) R -9718 CAC Appts (24) Bicycle Trails CEQAC x Ordinance No. 1833 was adopted. F. CONTINUED BUSINESS: 1. A letter from W. E. McNair was presented requesting the extension of Prospect Street to Seashore Drive. A report was presented from the Public Works Department. x The staff was directed to proceed with a project to extend Prospect Street from Coast Highway to Seashore Drive. 2. A report was presented from the City Attorney regarding the revocation of authorization for Balboa Bay Club Refinancing with the Oppenheimer Group. x Councilman Hart made a motion to rescind Resolution No. 9643. x Mayor Ryckoff made a substitute motion to adopt x x x x Resolution No. 9718, rescinding Resolution No. x 9643, which will revoke the authorization for International Bay Clubs, Inc., to enter into a refinancing transaction with Oppenheimer Industries, Inc., if said refinancing is not completed by December 31, 1980, which motion carried, and Resolution No. 9718 was adopted as amended to change the completion date from October 1. 1980 to December 31, 1980. 3. Appointments to the Citizens Advisory Committees for a one -year term expiring December 31, 1980: x i (a) The following appointments to the Bicycle j Trails Citizens Advisor Committee were confirmed: District 2, Councilman McInnis' appointment was postponed until further notice. (b) District 5, Mayor Ryckoff's appointment of Albert Mace. + I District 7, Mayor Pro Tern Williams' appoint- i ments to replace Robert L. Newcomb and Jim Dodds were postponed to February 11, 1980. x (b) The following appointments to the Environmental Quality. Citizens Advisory Committee were confirmed: I District 5, Mayor Ryckoff's reappointment of I Bob Millar. I i i Volume 34 - Page 19 INDEX St Balboa Bay Club Lease (38) R -9718 CAC Appts (24) Bicycle Trails CEQAC COUNCILMEN ROLL CALL 99s3' c� s� • Motion All Ayes Motion All Ayes Motion All Ayes Motion • MINUTES January 21 1980 INDEX Litter Zontrol transportation Plan City Corpora- tion Yard (73) Permits Driveway (65) District 7, Mayor Pro Tern Williams' reappointment of Bernard Pegg and the postponement of his other appointment to replace Jean Wegener. x (c) The following appointments to the Litter Control Citizens Advisory Committee were confirmed: District 1, Councilman Strauss' appointment of Ann Iverson. District 2, Councilman McInnis' postponement of his appointment until further notice. District 7, Mayor Pro Tern Williams postponement of his appointments to replace Cindy Houston and Elaine Linhoff. x (d) The following appointments . to the Transportation . Plan Citizens Advisory Committee were confirmed: District 1, Councilman Strauss' appointment of Jean Cohen and Agnes Kalb to replace Ron Kennedy and Dan Gilliland. District 7, Mayor Pro Tern Williams' reappointment of Jeanne Giordanno, and postponement of the appointment to replace Calvin McLaughlin. G. CURRENT BUSINESS: 1. A report was presented from the Public Works Department regarding the City Corporation Yard, Phase A Improvements. x The Phase A portion of the plan was approved, and the staff was authorized to obtain a proposal for architectural services for the Phase A improvements. 2. A report was presented from the Public Works Department regarding an appeal from a denial by the staff of an application for a permit to construct a driveway approach at 320 Fullerton Avenue (EP 79 -271). A A letter from Harbor Builders was presented in support of the driveway approach. Dan Tucker, applicant, addressed the Council and stated that he had had the driveway approach for several years and was now seeking only to improve I it. x; I Mayor Ryckoff made a motion to reverse the action Iof the staff and to approve the application. j i Volume 34 - Page 20 INDEX Litter Zontrol transportation Plan City Corpora- tion Yard (73) Permits Driveway (65) i� ., COUNCILMEN MINUTES \L\$ J`A�C+ A 1 9G 22 �9O S i \ F,9�s� ROLL CALL INDEX Councilman Heather arrived and took her seat at the Council table. •Ayes x x x x x A vote was taken on Mayor Ryckoff's motion, which Abstain x motion carried. 3. A report was presented from the Public Works Permit/ Department regarding the application of Peter Driveways Wilson and Chris Brown to relocate a common (65) driveway approach that serves two duplexes located at 400 Dahlia Avenue and at 2516 -18 Bayside Drive. Motion x The request was approved, subject to (a) the All Ayes approval by the staff of detailed plans for construction of the driveway; (b) removal of the abandoned curb cut; and (c) restoration of the parkway area. 4. A report was presented from the Marine Department Permits/ regarding Harbor Permit Application No. 1011 -097 Harbor of the Balboa Coves Community Association to (51) revise an existing float at the Balboa Coves. Mayor Ryckoff informed the Council that the applicant had requested continuance to February 11. Motion x Consideration of Harbor Permit application No. All Ayes 1011 -097 was continued to February 11, 1980 as requested by applicant. • 5. A report was presented from the Parks, Beaches and Recreation Director regarding proposed Council Council Policy Policy I -17. (69) Motion x Council Policy 1 -17, 01Oasis Senior Center Operation All Ayes and Relationships;' was adopted. 6. A letter from the Corona del Mar Chamber of Trash Commerce was presented requesting special trash (44) pickup and permission to enclose data in water bills March 1 and March 15. The City Manager informed the Council that the City was already committed to special trash pickups on the dates requested of March 22 and 29, but could make the pickup on April 12 and 19, which dates were agreeable with the Chamber of Commerce. The Manager also explained that it would not be possible to include the Chamber's data in the March 1 and 15 water bill mailings. Motion x A special trash pickup on April 12 and 19 was All Ayes approved; the preparation of a Budget Amendment in the amount of $1,370.00 was authorized; and the inclusion of data by the Chamber of Commerce in the water bill mailings of March 1 and March 15 was i denied. • I 1 i i Volume 34 - Page 21 I COUNCILMEN MINUTES \-5, 1! \C1 ROLL CALL stop 9�s January 21. 1980 INDEX 7. Letters from the County of Orange were presented Election certifying that the Reform Initiative to Amend (39) Charter of Newport Beach concerning election dates has received sufficient signatures to qualify for the ballot. Motion x Resolution No. 9719, causing City Measure "D" to be R -9719 All Ayes placed on the April 8, 1980 General Municipal Election, was adopted. H. CONSENT CALENDAR: Motion All Ayes x The following actions were taken as indicated except for those items removed: 1. ORDINANCES FOR INTRODUCTION: For introduction and set for public hearing on February 11, 1980: (a) Removed from the Consent Calendar. For introduction and pass to second reading on February 11, 1980: (b) Removed from the Consent Calendar. (c) Removed from the Consent Calendar. 2. RESOLUTIONS FOR ADOPTION: • (a) Removed from the Consent Calendar. 3. COMMUNICATIONS - For referral as indicated: (a) To staff for reply, a letter from the Central Newport Beach Community Association requesting a cost breakdown on the new "branch" library. (Attached) 00) (b) To staff for inclusion in on -going study, letters from Phyllis Jane Lanz, William L. Lanz, Robert DeJong, Marvin E. Vogel, M.R. Wilson, Berniece L. Reynolds, Farrel H. Smith, Betty Jo Chace and Wendell J. Booth supporting a Santa Ana River marina. (51) (Attached) (c) To staff for reply, a letter from Beverley H. Jones regarding parking issues in Corona del Mar, down zoning in Corona del Mar and the term "Dwelling Unit." (Attached) (94) 4. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) A letter from the Corona del Mar Civic Association inviting Council members to I attend their first meeting of 1980. The guest speaker will be Police Chief Gross. I (Attached) • I I Volume 34 - Page 22 i COUNCILMEN MINUTES yc\¢• - y�s� 4'c+ � X92 3��y yc2� ROLL CALL 7anuary 21. 19Rn INDEX (b) A letter from the Orange County Division of the League of California Cities urging early registration for the February 2nd Division Conference. (Attached) (c) Minutes of Friends of OASIS - Board Meeting. (Attached) (d) A letter from Quinlan Insurance, Inc. extending their appreciation for the splendid CPR training offered by our Paramedics. (Attached) (e) Preliminary Agenda of the Local Agency Formation Commission of Orange County for January 23, 1980. (f) Excerpt from the Minutes of the Orange County Board of Supervisors regarding the Consent to Sublease to the Newport Arches Marina and Donald W. Richardson dba Richardson Sportfisher Sales in Lower Newport Bay. (g) Excerpt from the Minutes of the Orange County Board of Supervisors regarding the tideland mooring fees for Newport Harbor. (Attached) (h) A resolution of the Board of Supervisors annexing certain territory to certain special districts for County administered lighting and • maintenance districts. (i) 1979 Annual Report, "Housing is for Everyone," from the Orange County Housing Authority. (j) Letters from Al "King Alfonso' Lizanetz. (k) A letter of appreciation from Helen Kawagoe, City Clerk of the City of Carson, for assistance with the annual League conference of the City Clerks Department resolution regarding "Local Obligations for Campaign Financing Review." (1) Hearings before the Public Utilities Commission: 1) Southern California Edison Company for a reopened hearing to consider I Modification No. 90967. 2) Southern California Edison Company for a rate increase. i (m) Agenda of the Board of Supervisors Meetings of January 8, 9, 15 and 16, 1980. � I I Volume 34 - Page 23 i COUNCILMEN MINUTES ROLL CALL 3sT S� 'Innnary 91. 1o4n INDEX (n) A letter of appreciation from the Newport Harbor American Legion Post No. 291 in connection with the City services during and after the fire on November 14. (Attached) (o) A letter from the Laguna Greenbelt, Inc. inviting Council to their tenth Annual Meeting. The speaker will be Congressman Jerry Patterson whose subject is the proposed Orange Coast National Urban Park. (Attached) 5. CLAIMS FOR DAMAGES: For denial and confirmation of the City Clerk's Claims referral of claims to the insurance carrier: (36) (a) Claim of Kimberly Glick for property damage Glick to her vehicle on November 24, 1979 when it was allegedly hit by a fire truck in the Sporting House parking lot. (b) Claim of Harold G. McBee for property loss McBee during an art exhibit of his work at the Newport Beach Police Station when two pieces of his work were allegedly removed. (c) Claim of Alice B. Rosenberg for personal Rosenberg injuries which occurred on November 9, 1979 when she allegedly tripped over a badly decomposed cement walk adjacent to the . Eastbluff Elementary School on Vista del Oro. (d) Claim of Betty Burkart for property damage Burkart on January 5, 1980 when a garbage truck allegedly hit and demolished a mail box at 2017 Yacht Resolute, Newport Beach. For denial: (e) Application for Leave to Present Late Claim Sutcliff of Patricia Sutcliff for personal injuries which were the result of a collision allegedly caused by a Newport Beach Police Officer who was chasing a burglary suspect on March 22, 1979 allegedly without emergency lights or siren while he was off duty. 6. SUMMONS AND COMPLAINTS: For confirmation of the City Clerk's referral to the insurance carrier: (a) Summons and Complaint of Donald G. Donald G. Charley for Intentional Violation of Charley Constitutional Rights, False Imprisonment, Infliction of Emotional Distress and Negligence; Case No. 325860 in the Superior i i Court of Orange County. j Volume 34 - Page 24 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 9 C. 9 i 3'y � x,92 F J' ROLL CALL �top� pss laniinrv?I_ IgRn INDEX (b) Summons and Complaint of Otto and Phyllis Christensen Christensen for damages for personal property allegedly lost by the Newport Beach Police Department after being recovered from a burglary; Case No. 38383 of the Harbor Judicial District Municipal Court. (c) Summons and Complaint of Eric Bryan McNamara McNamara, a minor, by John McNamara for personal injuries, Case No. 313020 in the Orange County Superior Court. The original claim was for injuries suffered when Eric McNamara was hit by an automobile on Campus Drive after a fence protecting pedestrians had been removed. For confirmation of the City Clerk's referral to the City Attorney: (d) Petition for Writ of Mandate and Alternative Koll Company Writ of Mandate and Complaint for Delaratory Relief and for Preliminary and Permanent Injunction; Memorandum of Points and Authorities in Support of Petition for Writ of Mandate and Alternative Writ of Mandate; and Alternative Writ of Mandate and Order Directing Issuance of the Koll Company, a corporation; and Aetna Life Insurance Company, a corporation; Case No. 326876 in the Superior Court of the State of • California. 7. REQUEST TO FILL PERSONNEL VACANCIES - For approval: (A report from the City Manager) (a) One Tree Trimmer II, Parks Department, to fill a position now vacant. (b) One Laborer, General Services Department, to fill a position now vacant. (c) One Equipment Mechanic III, General Services Department, to fill a position now vacant. (d) One Refuse Crewman, General Services Department, to fill a position now vacant. (e) One Building Maintenance Man 11, General Services Department, to fill a position now vacant. (f) One Equipment Mechanic I, General Services Department, to fill a position now vacant. Volume 34 - Page 25 • � I i I t i CITY OF NEWPORT ®EACH! COUNCILMEN MINUTES \�9�`���vA92 ?ice �' 9 0� y G� 2, F s ROLL CALL` �%P 9 s jnnnorv?I 194n INDEX (g) One Purchasing Clerk I, Finance Department, to fill a position to be vacant. I` (h) One Clerk Typist II, City Clerk's Office, to fill a position now vacant. W One Associate Planner, Planning Department to fill a position now vacant. 8. REPORTS - For Council information and filing: (a) A letter from Teleprompter advising their CATV progress in installing cable television service. (42) (Attached) (b) A report from the Assistant to the City Manager regarding Assembly Bill 699 regarding cable television. (Attached) 9. PUBLIC HEARING SCHEDULING - Se: for public hearing on February 1. 1, 1980: (a) A request of The Irvine Company, Newport Harbor VW Beach, to consider a Traffic Study for the Hills P -C proposed construction of sixty -eight Amendment apartment units on 10.6 gross acres; located (94) at 1601 San Miguel Drive, on the northeasterly side of San Joaquin Hills Road, between MacArthur Boulevard and San Miguel Drive in Harbor View Hills ( Baywood Apartments); zoned P—C. (A report from the Planning Department) (b) Planning Commission Amendment No. 536, a request of The Irvine Company, Newport Beach, to amend the Planned Community Development Plan for Harbor View Hills to permit the expansion of Area No. 8 ( Baywood Apartments) of the Planned Community for additional multi - family residential units, and the acceptance of an Environmental Document. Property located at 1601 San Miguel Drive. (A report from the Planning Department) (c) Resubdivision No. 637, a request of The Irvine Resub 637 Company, Newport Beach, to combine one (84) parcel and a portion of Blocks 92 and 93 of Irvine's Subdivision into one building site to permit the expansion of the Baywood Apartment complex on the property located at 1601 San Miguel Drive, on the northeasterly side of San Joaquin Hills Road, between MacArthur Boulevard and San Miguel Drive in Harbor View Hills ( Baywood Apartments); zoned P-C. (A report from the Planning Department) i i I I Volume 34 - Page 26 CITY OF NEWPORT BEACH COUNCILMEN MINUTES yC, F � ROLL CALL \ SCUP 9�S \ 7anuary 21. 19RO INDFx (d) Condemnation of vacant lot on Tustin Avenue Condemnation opposite Avon Street to gain access to City Tustin Av Parking Lot. (A report from the City lot Attorney) (73) 10. SEAL COAT PROGRAM 1979 -80, PHASE I Seal Coat (C -2120) - Approval of plans and specifications; and Program authorization to the City Clerk to advertise for bids (38) to be opened at 10:30 a.m. on February 12, 1980. (A report from the Public Works Department) 11. HARBOR ISLAND WATER AND SEWER MAIN Harbor Island REPACEMENT PROGRAM 1979 -80 (C -2112) - Water & Sewer Approve the revision in bid opening date from 10:30 Main a.m. on January 22, 1980 to 10:30 a.m. on Replacement January 29, 1980. (A report from the Public Works (38) Department) 12. RESUBDIVISION NO. 551 - Acceptance of public Resub 551 improvements constructed in conjunction with (84) Resubdivision No. 551, a portion c,: Lot 288, Newport Heights, located at 2309 and 2311 - 22nd Street, on the southwesterly side of 22nd Street between Irvine Avenue and Tustin Avenue, westerly of Upper Newport Bay; authorization to the City Clerk to release the Faithful Performance Surety (Certificate of Deposit No. 18-0149360; and authorization to the City Clerk to release the Labor and Materials Surety (Certificate of Deposit No. 18-014935 4) in six months provided no claims have been filed. (A report from the Public Works Department) 13. MAINTENANCE HARBOR DREDGING PERMITS- Permits/ Aoproval of the following maintenance dredging Harbor harbor permits, 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) 109 -1701 1701 E. Bay Avenue Gingerlee Field 153 -331 331 E. Bavfront Hargraves Property 161 -7 f/7 Bay Island Bay Island Club 164 -19 #19 Bay Island Bay Island Club 110 -1114 1114 E. Balboa Blvd. 3. R: Bahan 14. BUDGET AMENDMENTS - For approval: BA -037, $500.00 transfer of Budget Appropriations for filing fees for annexation of County Triangle, from Unappropriated Contingency Reserve to Nondepartmental, Special Departmental Expense, General Fund. I i i Volume 34 - Page 27 i i COUNCILMEN MINUTES O -yam i� ROLL CALL 9=rd' Inniinry 71 igRn INDEX I. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report was presented from the Planning Department regarding Planning Commission Amendment No. 538(a). Motion x The proposed ordinance, being, AN ORDINANCE OF Dwelling All Ayes THE CITY OF NEWPORT BEACH AMENDING Units SECTION No. 20.87.140 OF THE NEWPORT BEACH (94) MUNICIPAL CODE AS IT PERTAINS TO THE DEFINITION OF THE TERM "DWELLING UNIT" BY DELETING REFERENCE THEREIN TO 600 SQUARE FEET OF SUPERFICIAL FLOOR AREA IN A DWELLING UNIT, Planning Commission Amendment No. 538(a), a request to consider an amendment to Section 20.87.140 of the Newport Beach Municipal Code as it pertains to the definition of the term "Dwelling Unit" and the acceptance of an Environmental Document was tabled. 2. A proposed ordinance, being, AN ORDINANCE OF Dwelling THE CITY OF NEWPORT BEACH REPEALING Units SECTION 15.04.040, AMENDING SECTION (26) 15.06.090 AND REPEALING CHAPTER 15.21 OF THE NEWPORT BEACH MUNICIPAL CODE TO ELIMINATE THE 600 SQUARE FOOT MINIMUM FLOOR AREA FOR RESIDENTIAL DWELLINGS WITHIN THE CITY OF NEWPORT BEACH was considered. (Report with previous ordinance which was tabled) Motion x Councilman McInnis made a motion to refer the Ayes x x ordinance back to staff, which motion failed. Noes x x x x Motion x Mayor Ryckoff made a motion to introduce 0 -1836 Ayes x x x x Ordinance No. 1836 and pass to second reading on Noes x x February 11, which motion carried. Motion x 3. Resolution No. 9720, changing the language Election Aye x x x x x appearing on the ballot for the General Municipal R -9720 Noes x Election to be held on April 8, 1980, for City (39) Measures "A" and 1113,11 was adopted. 4. A report was presented from the City Attorney Weed regarding a proposed ordinance regarding mowing as Abatement opposed to disking of weeds in the Newport Bay Procedures Watershed and giving the Fire Chief the authority to (41) require mowing rather than disking of weeds if the disking would cause a siltation or run -off problem in the watershed of Upper or Lower Newport Bay. Motion x All Ayes i I The proposed ordinance was reconsidered. I I Volume 34 - Page 28 COUNCILMEN Ai /C+�9� 9G 22 F '9 OTti s � J, J+ ROLL CALL d' Motion All Ayes Motion All Ayes Motion All Ayes • U fle 7annary ?I- IgRn MINUTES INDEX 0 -1837 Mod 2496 (94) Lifeguard Services (38) x Proposed Ordinance No. 1837, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 10.48.170 TO THE NEWPORT BEACH MUNICIPAL CODE REGARDING MOWING AND DISKING OF WEEDS IN THE NEWPORT BAY WATERSHED was introduced, as amended to grant authority to the Fire Chief on recommendation of the Grading Engineer, and passed to second reading on February 11, 1980. J. ADDITIONAL BUSINESS: x 1. The decision of the Modifications Committee approving Modification Application No. 2496 of Morad Zahabian, a request to permit alterations and additions to an existing non - conforming commercial building (Whitman's Garage) at 3222 East Coast Highway, was called up by Council and referred to the Planning Commission for consideration. x 2. Approval was given to the submittal by the Marine Department of a bid to the County of Orange for City lifeguard services over a five -year period in the County territory at the Santa Ana River mouth for a two-year total through 1980 -81 of $46,770.00, with the remaining three years to be at actual City cost and /or Long Beach -Los Angeles Consumer Price Index, whichever is less. The Mayor adjourned the meeting at 8 : :55 P.M. ^ A /& Mayo T: � VP0 ty Clerk U e -/ \ i i i i r I i Volume 34 - Page 29 INDEX 0 -1837 Mod 2496 (94) Lifeguard Services (38)