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Home My WebLink About09/08/1980 - Regular MeetingCITY OF NEWPORT BEACH COUNCILMEN REGULAR COUNCIL MEETING MINUTES .,p PLACE: Council Chambers a� TIME: 7:30 DATE: September 8, 1980 =111 CALL INDEX Present x ix x x x x x A. ROLL CALL. not I xl B. The reading of the Minutes of the Regular Meeting All es of August 25, 1980 was waived, and the Minutes were approved as written and ordered filed. Motion x C. The reading in full of all ordinances and resolu- All Ayes tions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: None. E. ORDINANCES FOR ADOPTION: None. F. CONTINUED BUSINESS: 1. A report dated August 11 was presented from the Encroachment/ Public Works Department regarding the application Siegel of Stanley and Judith Siegel to construct a single (65) curb cut at 213 Abalone Avenue, Balboa Island. A letter from the Siegels requesting the applica- tion be withdrawn was presented. A letter from Byron W. and Jeanne G. Holmes was presented opposing the curb cut. lotion x Stanley and Judith Siegel were allowed to withdraw kll Ayes their curb cut application as requested. 2. A report dated August 25 was presented from the Encroachment/ Public Works Department regarding the application Cobb of Dennis Cobb to construct a 4 -foot high chain (65) link fence and wrought iron gate encroaching 3 feet into 36th Street adjacent to 3601 Finley Avenue. Dennis Cobb, the applicant, addressed the Council. lotion x The application was approved, subject to the Ayes x x x x x x condition that the encorachment be returned to the foes x City upon request. 3. A report was presented from the Public Works BIBridge /Ahab Department regarding the Balboa Island Bridge C -2014 Rehabilitation (C- 2014). (38) lotion x The Negative Declaration of environmental impact R -9875 All Ayes was accepted; the rescheduled date of bid opening was confirmed; and Resolution No. 9875, awarding a, contract to Peter Kiewit Sons' Company in connec- tion with the Balboa Island Bridge Rehabilitation (C -2014) for $1,352,586 (including Bid Item i Nos. 1 -8 only), was adopted. Volume 34 -- Page 215 j o COUNCILMEN + v- �np�emuei o, avou UVULA MINUTES ..... .... �'7� Nk o inon MULL IAiLL \1 + v- �np�emuei o, avou UVULA Motion x 4. (District 3) Mayor Pro Tem Hart's appointment of BTCAC /Appt All Ayes i Rob Patterson as a member of the Bicycle Trails (24) Citizens Advisory Committee to fill the unexpired term of Betsy Mackenzie ending December 31, 1980 was confirmed. G. CURRENT BUSINESS: 1. A report was presented from the Marine Department Balboa /YC regarding an application by the Balboa Yacht Club Application to revise the existing configurations of racing (51) buoys off the Pacific Coast within the City limits of Newport Beach. Richard Jones, representing the applicant, address- ed the Council and stated he was present to answer any questions. Motion x The application of the Balboa Yacht Club was All Ayes approved, subject to the following conditions: (a) Approval of the U.S. Army Corps of Engineers. (b) Approval of the U.S. Coast Guard. (c) Approval of the South Coast Regional Zone Coastal Commission. Motion x 2. Resolution No. 9876, establishing the "Yes on Prop "L" All Ayes Proposition L" Ad Floc Committee and defining the Ad Hoc Com duties and responsibilities of that Committee, was R -9876 adopted; and Mayor Heather appointed the following (39) members to the Committee: Michael Gehring, Chairman Bill Agee Bud Schroeder Bill Picker Debbie Gray Vin Jorgensen Mayor Heather stated that she had one more appoint- ment to be made to this Committee. Motion 3. Resolution No. 9877, establishing the "75th Anni- 75th Anniv All Ayes x versary" Ad Hoc Committee and defining the duties Ad Hoc Com and responsibilities of that Committee, was adopted R -9877 and Mayor Heather appointed the following members to the Committee: Bill Banning, Chairman Dora Hill, Vice Chairman Carroll Beek j Doreen Marshall Dorothea Sheely Grant Howald f Francis Horvath Les Steffenson i Rolly Pulaski Hall Seely Mrs. Roger Blanchard ! Barbara Aune f Phil Tozer Kay Brown • Volume 34 - Page 216 i CITY OF NEWPORT BEACH COUNCILMEN MINUTES ROLL CAI\NI \ �Q��P September 8 1980 INDEX I The Mayor stated that Council Liaison to this Committee would be Ruthelyn Plummer. 4. A Position Paper of the City of Newport Beach was SCAG presented regarding Draft Regional Transportation (61) Plan Amendment: Aviation Element, Southern Cali - fornia Association of Governments.' The Council discussed the Position Paper and made a minor change in wording as well as changing the last paragraph to broaden the City's request regarding SCAG's noise policy. Motion x The Position Paper was adopted as amended. All Ayes Motion x The noise policy for airports, as outlined in the All Ayes document, is to be pursued with the Executive Boar It was agreed that Mayor Pro Tem Hart would make the City's presentation at the September 16 hearing in Newport Beach on the SCAG Draft Regional Trans- portation Plan Amendment. 5. A Position Paper of the City of Newport Beach was OC Airport presented concerning the development of an Airline (58) Entry Procedure. The Council discussed the Position Paper and made minor changes in wording. Motion x The Position Paper was adopted as amended. 1 Ayes 6. A report was presented from the Personnel Director Pers concerning, the procedure to be followed in select- (66) ing the City Clerk. Motion x The procedure was approved as proposed, and the All Ayes Mayor appointed the following Council members as the Council Selecting Committee: Mayor Heather, Mayor Pro Tem Hart and Councilman Cox. 7. A letter from the League of California Cities was CA League presented regarding the voting member and alternate Annual Conf in connection with the Annual Conference. (61) Motion x Mayor Heather was designated as the voting member, All Ayes and Mayor Pro Tem Hart was designated as the alternate. 8. A report was presented from the City Manager Pkg Cit /Mgmt regarding the Parking Citation Management Program. (38) A proposal from Provincial Systems Inc. which was sent to the City Manager and distributed by him to the Council, and a proposal from Optimal Data Systems , were presented. I Volume 34 - Page 217 • i CITY OF NEWPORT BEACH COUNCILMEN MINUTES .O ROLL CAL �� % Cn..f o.e6 o.- A t0Rf1 IN (lFY I The following people addressed the Council: Clifford Yarges of Provincial Systems, Incorporat- ed, who presented a resume of their background and capabilities; Ray Galka of Science Applications, Inc., who offered their services at a revised cost of $1.42; and John Wilson of Optimal Data Corpora- tion. Motion x The item was referred back to staff for review and All Ayes report back to Council, and the staff was directed to bring back an amended agreement with Science Applications, Inc. to the meeting on September 22. 9. A report was presented from the City Manager con - CNB Fire /Prot cerning a fire protection contract for the norther C -2208 section of Newport Beach. (38) Fire Chief Reed gave a brief staff report and answered questions. The following people addressed the Council and urged that County Fire Station No. 27 not be closed: Don Porter of Newport Harbor Area Chamber of Commerce; Al Davis, Senior Vice President for Koll Company; B. F. Krissler, Vice President in Real Estate Investment Department of Prudential Insurance Company; David Dmohowski of The Irvine Company; John Bainbridge, Assistant Secretary for Emkay; and Bob Hennessey, Assistant Fire Chief of *n Orange County. Mo x Resolution No. 9878, authorizing the Mayor and City R-9878 Ayes x x x x x Clerk to execute an agreement between the City of Noes x x Newport Beach and the County of Orange in connec- tion with fire protection services in the northern portion of the City of Newport Beach, was adopted. Mayor Heather appointed a committee consisting of Motion x Mayor Heather, Mayor Pro Tem Hart and Councilman All Ayes Maurer to look at long range solutions to fire protection and delivery systems for the City, and to report back before January 1, 1981, and directed that a resolution be brought back to Council on September 22 establishing the committee and outlin- ing its duties. H. CONSENT CALENDAR: Motion x The following actions were taken as indicated except for; All Ayes those items removed: 1. ORDINANCES FOR INTRODUCTION - For introduction and pass to second reading on September 22, 1980: (a) Proposed Ordinance No. 1867, being, AN ORDI- iGarbage Cont NANCE OF THE CITY OF NEWPORT BEACH AMENDING 0 -1867 SECTION 6.04.080 OF THE NEWPORT BEACH MUNI- (44) • CIPAL CODE DEFINING THE RESPONSIBILITY FOR Volume 34 - Page 218 MINM41MI COUNCILMEN MINUTES A �`JL� ROLL CALL l \*P J September 8, 1980 INDEX PROVIDING CONTAINERS FOR DEPOSIT OF GARBAGE AND REFUSE. (A report from the City Manager) (b) Proposed Ordinance No. 1865, being, AN ORDI- Cit /Warrants NANCE OF THE CITY OF NEWPORT BEACH AMENDING 0 -1865 SECTION 1.12.020 (6) OF THE NEWPORT BEACH (70) MUNICIPAL CODE DELETING THEREFROM THE TRAIN- ING AND SAFETY INSPECTOR AND ADDING THERETO THE REFUSE INSPECTOR AS PUBLIC OFFICERS OR EMPLOYEES ENABLED TO MAKE ARRESTS. (See report with H -1(a)) (c) Removed from the Consent Calendar. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 9879 authorizing the Mayor and Turgeon Agmt City Clerk to execute a License Agreement R -9879 between the City of Newport Beach and Leo and C -2207 Kathleen Turgeon in connection with 418 (38) Carnation Avenue. (A report from the Public Works Department) 3. COMMUNICATIONS - For referral as indicated: (a) To staff for reply that annexation cannot be Annex /SAHgts considered until the Sphere of Influence is (21) changed by LAFCO, a letter from the West Side Santa Ana Ht.s. Annexation Committee requesting Council consideration of the annexation of the area bounded by Irvine • Avenue, Mesa Drive, Santa Ana Avenue and the Flood Control Channel & Bristol Street on the north. (Atta.ched) (b) To staff for reply, a letter from Louise Traffic Brazelton regarding the removal of the (85) traffic circle which is located at Cliff Drive and Irvine Avenue. (Attached) (c) To the Planning Commission for inclusion in NB /LCoastal ongoing considerations, a letter from the Program City of Costa Mesa regarding Newport Beach (67) Local Coastal Program. (Attached) 4. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) A letter of thanks to the Police of Newport Beach from L. E. Gernert regarding the extra effort expended in policing the pier and beach areas this summer. (Attached) i (b) A letter from Pat Strang in appreciation of the removal of blower noises from Hoag Hospital. (Attached) Volume 34 - :Page 219 1i COUNCILMEN MINUTES :_t_ WwuL \� _. _ nvvc+ (c) A copy of a letter to the Daily Pilot from R. M. Wolff expressing the benefits derived from the Orange County Airport. (Attached) •i (d) A letter from R. E. Reed, former Director of the Newport Beach Marine Department, regard- ing aspects concerning the construction of beachfront walkways. (Attached) (e) A resolution of the City of Anaheim urging the Governor to lift the odd /even gas distri- bution system immediately. (f) Notice of application before the Public Utilities Commission by Richard A. Gregory, dba Sunset Coast Bus Lines, for authority to operate as a passenger stage corporation in a home -to -work service between points in Orange County and the Garrett AiResearch Facility in Torrance. (g) Agenda for Board of Supervisors meetings of August 26 and 27, and September 2 and 3, 1980. (h) Notice of application before the Public Utilities Commission by the Greyhound Lines, Inc. for a passenger bus fare and package express rate increase. (i) A letter from Herbert W. Sutton, Chairman • and Chief Executive Officer of the Newport Beach Ensign, explaining that if the City Council met on Tuesday evening, the Ensign would be one week late with the news of the meeting since it is printed on Tuesday evening. (Attached) 5. CLAIMS FOR DAMAGES - For denial and confirmation (36) of the City Clerk's referral to the insurance carriers (a) Claim of Edith Williams for personal in Williams on June 25, 1980 when she fell in the 200 block east on Coral Avenue and broke her hip, wrist and a rib, allegedly due to the irregularity of the sidewalk. (b) Claim of Mary Olson for property damage to lson her windsurfer by a student in the Recreation Department's Sabot classes on August 5, 1980 when he allegedly ran over the claimant's boat with his Sabot and broke the mast and tore the sail. I Volume 34 - Page 220 • i i CITY OF NEWPORT BEACH COUNCILMEN MINUTES A. ROLL CAL�� Sentemher R_ 19Rn m� (c) Claim of Rhea Clemance Dunlop for personal unlop injuries and property damage when she was involved with another bicycle on July 6, I 1980 on the bicycle trail along Jamboree Roa • north of Eastbluff. Claimant alleges the i City is at fault for not properly designing or maintaining the trail. (d) Claim of John Vaula for property damage to Vaula his parked automobile on June 30, 1980 at Agate and Park Street when it was hit by a City truck trying to negotiate a turn. (e) Claim of Gary D. Curtis, Sr. for Gary D. Curtis Curtis, Jr., a minor, for personal injuries on August 8, 1980 while he was swimming dur- ing a City - sponsored recreational swimming program at the Newport Harbor High School and workmen accidentally released chlorine gas into the pool - several persons inhaled the gas and were taken to Hoag Hospital for treatment. 6. SUMMONS AND COMPLAINTS: None. 7. REQUEST TO FILL PERSONNEL VACANCIES - For approv- (66) al: (A report from the City Manager) (a) One Water Plant Operator, Utilities Depart- ment, to fill a position to be vacated. • 8. STAFF REPORTS - None. 9. PUBLIC HEARING SCHEDULING - Set for public hear- ing on September 22, 1980: (a) General Plan Amendment No. 80 -2, a report. GPA /80 -2 initiated by the City of Newport Beach to (45) consider proposed amendment to the Land Use and Residential Growth Elements of the General Plan for portions of the County territory within the area commonly known as the "County Triangle," generally bounded by Superior Avenue on the east, Production Place on the north, and Newport Beach city boundary on the west; and the acceptance of an Environmental Document. Revisions include possible changes in the land use, designations and development intensities and are designated as General Plan Amendment 80 -2. (A report from the Planning Depart- ment) I •Volume 34 - Page 221 CITY OF NEWPORT REACH COUNCILMEN MINUTES ,4 ROLL CAL�� September 8, 1980 INDEX (b) Removed from the Consent Calendar. j (c) Special District Augmentation Fund, as re- iFin /RevShrg • quested by State Revenue and Taxation Code. (40) (Report Attached) 10. LITTER CONTROL CITIZENS ADVISORY COMMITTEE - LC /CAC Resig Acceptance of the resignation of Cindy Houston (24) ' with regret, direction to the City Clerk to pre- pare a Certificate of Appreciation and to place the item on the agenda for September 22 for filling the vacancy. (Resignation letter attached) 11. NEW ROOF ON CITY HAIL (C -2201) - Approval of the City Hall/ plans and specifiecations; and authorization to Roof the City Clerk to advertise for bids to be opened C -2201 at 2:30 p.m. on October 15, 1980. (38) 12. JASMINE CREEK STORM DRAIN INLET (C -2157) - Accep- IJasmCrk /SDI tance of the work; authorization to the City Clerk C -2157 to file a Notice of Completion; and authorization (38) 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. 1980 SEAL COAT PROGRAM, PHASE II, (C -2121) - 1980 Seal Acceptance of the work; authorization to the City Coat /Ph II Clerk to file a Notice of Completion; and authori- C -2121 zation to the City Clerk to release the bonds 35 (38) days after the Notice of Completion has been filed. (A report from the Public Works Department) • 14. STREET RESURFACING, JAMBOREE ROAD (SOUTHBOUND) AND Jam /Irvine IRVINE AVENUE, 1979 -£10 (C -2127) - Acceptance of St Resurf the work; authorization to the City Clerk to file C -2127 a Notice of Completion; and authorization to the (38) City Clerk to release the bonds 35 days after the Notice of Completion has been filed. (A report from the Public Works Department) 15. TRACT NO. 9620 - Acceptance of public improve- Tr 9620 ments constructed in conjunction with Tract No. 9620, portion of Blocks 53 and 54, Irvine's Subdivision, located southwesterly of Westcliff Drive between Dover Drive and Santiago Drive in Westcliff; authorization to the City Clerk to Volume 34 - Page 222 i I I!, I d s : �: /' (� 'i• 1 I �/ I• v� : �'' '�,% t b 8 1980 ROLL C4LL ep em er INDEX i release the Faithful Performance Bond (Bond No. • 86- 93265 -41); and authorization to the City Clerk to release the Labor and Materials Bond (Bond No. 86- 93265 -41) in six months provided no claims have been filed. (A report from the Public Works Department)' 16. Removed from the Consent Calendar. 17. EXPENSE ACCOUNT - Approval of Councilman Cox's City Cncl expense account in the amount of $229.18 for (33) attendance at the League of Cities New Council Members Institute in Santa Clara, May 9- 10, 1980. 18. BUDGET AMENDMENTS - For approval; (25) BA -014, $1,600.00 increase in Budget Appropria- tions to provide for corrections of California Department of Housing and Community Development Code Violations,from Unappropriated Surplus, Services, Professional, Technical, etc., Marine- park Fund. (A report from the Marinapark Manager attached) BA -015, $100,000.00 transfer of Budget Appropria- tions to provide additional funding for Balboa Island Bridge,from Street and Alley Sealcoating, to Rehabilitation of Balboa Island Bridge, General Fund. (See Agenda Item F -3) • BA -016, $209,880.00 increase and transfer of Budget Appropriations for additional funding for Balboa Island Bridge,from Unappropriated Surplus and Acquire Right -of' -Way, to Rehabilitate Balboa Island Bridge, State: Gas Tax (Sec. 2107) Fund. (See Agenda Item F -3) BA -017, $62,940.00 increase in Budget Appropria- tions for additional. funding for Balboa Island Bridge,from Unappropriated Surplus to Rehabilitate Balboa Island Bridge., State Gas Tax (Sec. 2106) Fund. (See Agenda Item F -3) I. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report was presented from the Public Works Tr. 10625 Department regarding the construction of San Miguel Drive from MacArthur Boulevard to San Joaquin Hills Road In connection with Tract No. i 10625 (Harbor Point). Volume 34 - Page 223 • COUNCILMEN M MINUTES r`YP 5 5 t ROLL C4LL ep em er INDEX i release the Faithful Performance Bond (Bond No. • 86- 93265 -41); and authorization to the City Clerk to release the Labor and Materials Bond (Bond No. 86- 93265 -41) in six months provided no claims have been filed. (A report from the Public Works Department)' 16. Removed from the Consent Calendar. 17. EXPENSE ACCOUNT - Approval of Councilman Cox's City Cncl expense account in the amount of $229.18 for (33) attendance at the League of Cities New Council Members Institute in Santa Clara, May 9- 10, 1980. 18. BUDGET AMENDMENTS - For approval; (25) BA -014, $1,600.00 increase in Budget Appropria- tions to provide for corrections of California Department of Housing and Community Development Code Violations,from Unappropriated Surplus, Services, Professional, Technical, etc., Marine- park Fund. (A report from the Marinapark Manager attached) BA -015, $100,000.00 transfer of Budget Appropria- tions to provide additional funding for Balboa Island Bridge,from Street and Alley Sealcoating, to Rehabilitation of Balboa Island Bridge, General Fund. (See Agenda Item F -3) • BA -016, $209,880.00 increase and transfer of Budget Appropriations for additional funding for Balboa Island Bridge,from Unappropriated Surplus and Acquire Right -of' -Way, to Rehabilitate Balboa Island Bridge, State: Gas Tax (Sec. 2107) Fund. (See Agenda Item F -3) BA -017, $62,940.00 increase in Budget Appropria- tions for additional. funding for Balboa Island Bridge,from Unappropriated Surplus to Rehabilitate Balboa Island Bridge., State Gas Tax (Sec. 2106) Fund. (See Agenda Item F -3) I. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report was presented from the Public Works Tr. 10625 Department regarding the construction of San Miguel Drive from MacArthur Boulevard to San Joaquin Hills Road In connection with Tract No. i 10625 (Harbor Point). Volume 34 - Page 223 • COUNCILMEN .o ROLL CAL �� Motion Ayes Noes • Motion All Ayes Motion All Ayes Motion • Motion Ayes Noes Motion All Ayes Motion All Ayes r1 CITY OF NEWPORT BEACH MINUTES Cnntcmhor R_ 1980 x' � The proposed construction of San Miguel Drive in x x x x x x Tract No. 10625 was set for public hearing on x October 14, 1980. 2. A report was presented from the Marine Depart- ment regarding Harbor Permit Application No. 109 - 1314 of Sophia Rickenbaugh to revise a residential float at 1314 E. Balboa Boulevard. x The application was referred back to staff to review with the neighbors. 3. A report was presented from the City Attorney regarding a proposed ordinance regulating the use of pedicabs. Dick Park addressed the Council and opposed the proposed ordinance. x The following ordinance was introduced and passed to second reading on September 22, 1980: Proposed Ordinance No. 1866, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 5.12 OF THE NEWPORT BEACH MUNICIPAL CODE TO PRO- VIDE FOR THE REGULATION OF PEDICABS. J. ADDITIONAL. BUSINESS: x 1. Mayor Heather made a motion to call up for review and public hearing on September 22, Use Permit No. 1953, a request of the Koll Company to permit the construction of a 12 -story hotel with related banquet rooms, restaurants, meeting rooms and recreation facilities in Koll Center, the related traffic phasing plan and the Environmental Document, on property located at 4500 MacArthur Boulevard between Birch Street and Von Karman Avenue in Koll Center Planned Community. x Councilman Strauss made a substitute motion that x x x x x the public hearing be held October 14, which x x motion carried. x 2. An item concerning the hotels proposed to be built in and adjacent to Newport Beach, is to be placed on the Study Session for October 27. x 3. Mayor Heather is to appear before the Coastal Commission on September 18 on the conceptual approval by the Council of Irvine Coast Plan, and to state the concerns of the City on traffic circulation. Mayor Heather adjourned the meeting at 11:05 p.m. ,,,^ay ATTEST: City Clerkn . Cl Volume 34 - a ` 4 INDEX _ larbor Per (51) Pedicab /Transp (86) 0 -1866