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HomeMy WebLinkAbout06/22/1981 - Regular MeetingC UNCIL ftflE B RS ys �� � ROLL CALL �o �" � ' °� "•' is �_ � � REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: June 22, 1981 MINUTES INOEM )w Present x x x x x A. ROLL CALL. Absent x x Motion x B. The reading of the Minutes of the Meeting of Ayes June 8, 1981, was waived, approved as written and A1 ordered filed. Motion x C. The reading 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 Heather opened the continued public hearing Official regarding PROPOSED INCREASES IN BOTH PRIVATE AND Police T< OFFICIAL POLICE TOWING RATES FOR HARBOR AND G & W Rates TOWING COMPANIES. (70) A report from the City Manager, was presented. G. Wayne Miller, G & W Towing, Inc., addressed the Council, stating that this request is to cover their cost of operation increases, which have occurred since May, 1980. He briefly discussed the current and proposed rate for automobile storage. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Resolution No. 10061 was adopted, establishing tow R -10061 All Ayes charges, storage rates and after hour release fees for official Police Tow Truck Services and approv- ing the tow truck rate schedules for tow services within the City of Newport Beach for G & W Towing, Inc. and Harbor Towing and rescinding Resolution No. 9758 and Resolution No. 9738 as it relates to G & W Towing Inc., and Harbor Towing. 2. Mayor Heather opened the public hearing regarding 0 -1882 Ordinance 1882, being, Zone Amnd P/C 562 AN ORDINANCE OF THE CITY OF NEWPORT BEACH (94) AMENDING SECTIONS 20.13.025 AND 20.14.025 OF THE NEWPORT BEACH MUNICIPAL CODE DELETING REFERENCES TO THE "TWO LIVABLE STORY" LIMIT FOR RESIDENTIAL CONSTRUCTION IN THE R -1 AND R- 1.5 DISTRICTS, PLANNING COMMISSION AMENDMENT NO. 562, a request initiated by the City of Newport Beach to amend Title 20 of the Municipal Code to delete reference to the "two livable story" limit for residential construction in the R -1 and R -1.5 Districts. A report from the Planning Department, was pre- sented. Volume 35 - Page 164 • )w CITY OF NEWPORT BEACH C UNCIL MEMR RS MINUTES ROLL CALL J'J+ 'p June 22, 1981 INDEX Sue Ficker, 110 Ninth Street, Balboa Peninsula, addressed the Council, stating she felt the pro - posed ordinance would be detrimental to the traffic situation on the Peninsula, inasmuch as small structures will now be replaced with 2 -or 3 -story • buildings. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Ordinance No. 1882, amending Title 20 of the All Ayes Newport Beach Municipal Code to delete references to the "two livable story" limit for residential construction in the R -1 and R -1.5 Districts, was adopted. 3. Mayor Heather opened the public hearing regarding Tr 10391/ TENTATIVE MAP OF TRACT NO. 10391, a request of J.M. 11377/11043 PETERS COMPANY, INC., Newport Beach, to amend a condition of approval of the Tentative Map of Tract No. 10391 as incorporated into the conditions of approval for the Tentative Map of Tract No. 11377 and the Final Map of Tract No. 11043, relating to the maintenance of the proposed public park located at the southwesterly corner of MacArthur Boulevard and Bison Avenue in the Aeronutronic Ford Planned Community. A report from the Planning Department, was pre- sented. A report from the Parks, Beaches 5 Recreation • Director, was presented. It was noted that, at its meeting of May 21, 1981, the Planning Commission voted unanimously to recommend to the City Council the amendment of Condition No. 46, as follows: "46. That the Applicant and the City shall be subject to the following responsibilities relative to the design, improvement, and maintenance of the public park located at the southwesterly corner of Bison Avenue and MacArthur Boulevard: A. The J. M. Peters company, Inc., shall install and maintain all landscaping on the perimeter and buffer slopes of the park (except for the Turkish Rugging areas discussed below), until such time as the Homeowners' Associations are formed, who will then be responsible for the maintenance of said slope areas. The perimeter and buffer slopes are approxi- mately five acres. B. That J. M. Peters Company, Inc., shall retain a landscape architectural firm to • Volume 35 - Page 165 CITY OF NEWPORT BEACH C UN CIL ME t3 RS MINUTES S G ROLL CAN n� r....e vo iooi .new prepare preliminary and working drawings for the park. Said plans shall be developed under the direction of the Director of Parks, Beaches and Recreation • and shall be subject to his approval. C. The City shall assume all maintenance responsibility for the flat portion of the park and Turkish Rugging areas. The flat park and Turkish Rugging areas are approximately five acres. In addition, the Applicant, the Parks, Beaches and Recreation Commission, and the staff had recommended a fourth provision as follows: D. The City shall analyze the Turkish Rugging area to determine if this natural area needs to be preserved or if it can be incorporated into the landscaped park area." Bob Trapp, representing J. M. Peters Company, addressed the Council and displayed an exhibit of the park proposal. He stated that their firm is proposing to install the slope buffer area around the perimeter of the park, which will eventually be turned over to the 'homeowner's association for long -term maintenance. They will also prepare working drawings for the park. Discussion ensued with respect to vehicular • access to the park and the consideration of accept- ing in -lieu fees. Motion x Following consideration, the public hearing was All Ayes continued to July 14, 1981; the Parks, Beaches and Recreation Commission was directed to consider and report back on acceptance of in -lieu fees; and staff was directed to report back on whether the Turkish Rugging is an endangered species and should be preserved, or if it can be incorporated into the landscaped park area. 4. Mayor Heather opened the public hearing on the Vespignani APPEAL OF DANTE A. VESPIGNANI from denial of Skill Skill Game Game Permit at 129 Agate Avenue, Balboa Island Permit (Goldenwest Landromat). (65) A report from the Assistant City Attorney, was presented. The City Clerk advised that, after the printing of the agenda, she had received 12 letters from residents of Balboa Island, opposing the location of the electronic games, and urging denial of the application. Volume 35 - Page 166 • CITY OF NEWPORT BEACH C UNCIL ME 8 RS MINUTES ROLL CALL` June 22. 1981 1rancv The City Attorney advised, that his office had pre- pared a Stipulation of facts regarding the appeal, which he distributed to the Council and the City Clerk for the official records. He stated that his office, the City Manager, and Appellant believe • that the facts set forth in the Stipulation substan- tially represent the facts of the amusement device operation at the Coldenwest Laundromat. Gene Baum, President of Balboa Island Improvement Association, addressed the Council, advising that their Association had written a letter to the City Manager in April, requesting the electronic games not be permitted at the subject location. Eric Tabb, owner of Pacific Amusement Associates, addressed the Council, advising that he operates electronic and video games at Don Shir's Restaurant across the street from the Goldenwest Landromat, under permit from the City. He stated that the Appellant is operating without the benefit of a permit. He felt there was a saturation point involved, and pointed out that the games at the laundromat are not supervised, as those that are located within the restaurant. Don Dean, owner of Don Shir's Restaurant, located across the street from the subject property, stated that he had received a Skill Game Permit from the City in January. The restaurant is open from 12:00 Noon to 9:00 p.m., six days a week, and the games are closely supervised. • Hearing no others wishing to address the Council, the public hearing was closed. Motion x The decision of the License Supervisor was sus - All Ayes tained, and the application for Skill Game Permit at 129 Agate Avenue, Balboa Island ( Goldenwest Laundromat) was denied, based on the following: a) That Dante Vespignani (Appellant) is the proprietor of the laundromat located at 129 Agate Avenue, Balboa Island; b) That Appellant has installed four video games in the laundromat without first obtain- ing an Amusement Device Permit to do so from the City of Newport Beach; c) That the City Manager, through his duly authorized license supervisor, denied the permit; d) That the presence of the video games in the laundromat tends to attract large numbers of young persons to the business and that those persons often engage in loud and bois- terous, conduct and use profane language such that adjacent and nearby residents are dis- turbed and annoyed; e) That the presence of the young persons and the conduct that they engage in, including the drinking of alcoholic beverages, constitutes an unreasonable police problem and will con- • tinue to generate an excessive number of police responses to the laundromat; Volume 35 - Page 167 CITY OF NEWPORT BEACH C UN ICE B RS MINUTES ti �ro ROL_I CA] Jime 22 1QR1 -- - 1nur.x f) That the presence of a supervisor and limitation of the hours during which the machines are in operation may serve to reduce the problems related to noise and offensive or illegal conduct but, will not make it likely that noise generated by persons attracted to the video games will not disturb the peace and quiet of the neighborhood, nor will such supervision render it likely that unreasonable police problems will not exist. E. PUBLIC COMMENTS: 1. Chris Gustin, President, Newport Beach Professional NB/Prof & and Technical Employees Association, addressed the Tech Empl Council, and submitted a prepared document regard- C -2051 ing their contract negotiations for Fiscal Year (38) 1981 -82. Mr. Gustin stated that their membership voted to reject the final offer made by the City's negotiat- ing group, which is as follows: a) Salary increase of 6.2 %; b) City will pay one -half (3.5 %) of the employee's PERS Contribution Rate; and c) An increase in the maximum Major Medical Insurance Coverage from Two Hundred Fifty Thousand Dollars ($250,000) to unlimited. Mr. Gustin stated that the offer was rejected for the reasons as set forth in his prepared statement. A request was made that the current negotiations take into consideration the increases anticipated by the survey cities for the Fiscal Year 1981 -82, and that future negotiations be based upon the three highest cities for each benchmark position. Mr. Gustin stated that the following salary and benefit package provides for a 9.3% increase for parity, as indicated by the City's survey, and an additional 4.4% increase, representing a low esti- mate of the average increases expected in the three cities surveyed: a) Salary increase of 10.2 %; b) City will pay one -half (3.5 %) of the employee's PERS Contribution Rate; and c) The increases in Major Medical Insurance Coverage as proposed by the City. In conclusion, Mr. Gustin stated that they would like to have an interpretation of the J -1 City Council Policy (City Employees Compen- sation), which would be satisfactory to both the Newport Beach Professional and Technical Employees Association, and the City's negotiations group. Jimmy D. Larsen, Member, Newport Beach Professional and Technical Employees Association, addressed the Volume 35 - Page 168 CITY OF NEWPORT BEACH C UNCIL MEMB RS MINUTES ROLL CALL` �'n A June 22_ 1981 iwnsv Council and presented a graph showing the salaries of various positions, using the Cities of Anaheim, Huntington Beach and Santa Ana for comparison. • Mr. Larsen stated that the source of the survey was through the League of California Cities. He felt it.was appropriate to use the Cities of Anaheim and Huntington Beach as a comparison, but did not feel the City of Santa Ana should be included as one of the top three cities. Following consideration by the Council; comments by the City Manager; and there being no objections; this item was referred back to the respective negotiating groups. 2. James de Boom, President, Orange Coast Family Young Orange Coast Mena' Christian Association, addressed the Council YMCA /Organz requesting the City set aside 10% of its annual (61) Revenue Sharing allocation to be used to help fund local "human services." Mr. de Boom stated that local human services would include those items related to shelter, food and health. He suggested the City Council appoint a committee of the City Manager, Chief of Police, Director of Parka, Beaches and Recreation, and two agencies for funds needed to provide shelter, food and health services to those residents from the community. It was noted that 10% of the City's Revenue Sharing funds was approximately $40,000. F. 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 schedule for Public Hearing on July 14, 1981; (a) Proposed Ordinance No. 1883, being, AN ORDI 0 -1883 NANCE OF THE CITY OF NEWPORT BEACH ADDING Pkg Perm CHAPTER 12.68 TO THE NEWPORT BEACH MUNICIPAL (63) CODE RELATING TO RESIDENTS' PARKING REGULATIONS AND PERMITS AND ESTABLISHING A RESIDENTS' PARKING PERMIT SYSTEM FOR NEWPORT ISLAND, and the acceptance of a Negative Declaration. (A report from the Traffic Engineer) For introduction and pass to second reading on July 14, 1981: (b) Proposed Ordinance No. 1884, being, AN ORDI- 0-1884 NANCE OF THE CITY OF NEWPORT BEACH AMENDING Pers /Class SECTION 2.12.100 OF THE MUNICIPAL CODE DESIG- (66) NATING THE PUBLIC WORKS DIRECTOR AS THE CITY ENGINEER PRO TEM. Volume 35 - Page 169 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES G ROLL CALLS Gt � .Tune 22. 1gR1 - I g l®uch 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 10062 authorizing the Mayor Worker's • and City Clerk to execute an Agreement between the City of Newport Beach and Bierly & Associ- Comp Ins/ Bierly & ates for Workers' Compensation Claims adjust - Assoc ing services (1981 -82). (A report from the R -10062 City Manager) C -2192 (38) (b) Resolution No. 10063 adopting the "City of Newport Beach Emergency Disaster Plan" dated Emergency June 1981, and rescinding Resolution No. Disaster Pln 9105. (A report from the City Manager) R -10063 (87) (c) Resolution No. 10064 amending Subsection A of Harbor Perm Section 12 of the Harbor Permit Policies Policies/ relating to the Schedule of Fees for Permits Fees to become effective July 1, 1981, and rescind- R -10064 ing Resolution No. 9781. (A report from the (51) City Manager) (d) Resolution No. 10065 modifying Annual Pier Revenue Fee pursuant to Section 17.33.030 of the Measures/ Newport Beach Municipal Code to become effec- Pier Fees tive July 1, 1981, and rescinding Resolution (40)R -10065 No. 9819. (See report with F -2(c)) (e) Resolution No. 10066 modifying fee to $285.00 Revenue for permits for Commercial Activities on the Measures /Fees waters of Newport Harbor, and rescinding Resolution No. 9590 to become effective July R -10066 (40) 1, 1981 and rescinding Resolution No. 9783. (See report with F -2(c)) (f) Resolution No. 10067 modifying Sewer Use Revenue Charge as required by Section 14.24.065 of Measures /Fees the Newport Beach Municipal Code, to become R -10067 effective July 1, 1981 and rescinding Resolu- (40) tion No. 9815. (See report with F -2(c)) (g) Resolution No. 10068 modifying Subdivision Revenue and Tentative Map Filing Fees in connection Measures /Fees with Title 19 of the Newport Beach Municipal R -10068 Code, to become effective July 1, 1981 and (40) rescinding Resolution No. 9786. (See report with F -2(c)) (h) Resolution No. 10069 modifying Filing, Appeals Revenue and other Fees relating to Zoning Actions in Measures /Fees connection with Title 20 of the Newport Beach R -10069 Municipal Code to become effective as of July (40) 1, 1981, and rescinding Resolution No. 9785. (See report with F -2(c)) (i) Resolution No. 10070 modifying Sign Permit Revenue and Residential Building Record Fees in Measures /Fees connection with Title 15 of the Newport Beach R -10070 Municipal Code, to become effective July 1, (40) • 1981 and rescinding Resolution No. 9784. (See report with F -2(c)) Volume 35 - Page 170 r� t C UN ME M8 RS MINUTES �3 shy RAI I CAI 1 �n .D .h.ne 22_ 1981 isir (j) Resolution No. 10071 approving an Assignment Beacon Bay of Lease (Beacon Bay) - Easterly portion Lease Balboa Yacht Basin) from The Irvine Company, R -10071 and rescinding Resolution No. 10050. (A from City Attorney) C -2270 (38) report the (k) Resolution No. 10072 approving a Consent and Beek, et al Agreement between the Beek, et al, and the C /Agent City of Newport Beach regarding the assign- R -10072 ment of the Balboa Yacht Basin Lease. (A C -2270 report from the City Attorney) (38) (1) Resolution No. 10073 awarding a Contract (No. Trf Signals/ 2267) to William R. Hahn in connection with Safety ltg Modification of Traffic Signals and Safety R -10073 Lighting at Various Locations. (A report C -2267 from Public Works - Traffic Engineer) (38) (m) Resolution No. 10074 authorizing the Mayor Insurance and City Clerk to execute an Agreement for (Self) /Adm Professional Services for Self- Insurance R -10074 Administration between the City of Newport C -2097 Beach and Riviera Adjusters. (A report from (38) the Personnel Director) (n) Resolution No. 10075 awarding a Contract for Legal Adv/ the Publication of Legal Notices and other City Clerk matters and designating an Official Newspaper R- 10075 for publication of notices, and rescinding (20) Resolution No. 9789. (A report from the City Clerk) • (o) Resolution No. 10076 establishing the salaries Pers /Class of Management, and other Key Employees for Key & Mgmt the 1981 -82 Fiscal Year and authorizing the (66)R -10076 Compensation Plan and Table of Authorization to reflect said changes. (Attached) (p) Removed from the Consent Calendar. (q) Resolution No. 10078 awarding a Contract (No. Prospect St/ 2150) to Jerry Cross Paving Co., Inc., in WCHyw /Seashr connection with Prospect Street Construction R -10078 between West Coast Highway and Seashore C -2150 Drive. (A report from the Public Works (38) Department) (r) Resolution No. 10079 awarding a Contract (No. Pumper Test 2069) to P.E.R., Inc., of Orange in connec- Pit /Npt Ctr tion with Construction of Pumper Test Pit at Fire Sta Newport Center Fire Station. (A report from R -10079 the Public Works Department) C -2069 (38) (s) Resolution No. 10080 approving the Memorandum of Understanding negotiated by representatives M- O -U /NB of the Newport Beach Ocean Lifeguard Associa- Lifeguards tion and the City's representatives. (A report R -10080 from the Personnel Director) C -2058 (38) • Volume 35 - Page 171 j6fl FO (A Mi C UNCIL ME B RS MINUTES RAI I CAI I n� .Tune 22_ 1981 uinrN (t) Resolution No. 10081 approving the Memorandum M- O- U /NBCEA of Understanding negotiated by representatives R -10081 of the Newport Beach City Employees' Associa- C -2059 tion and the City's representatives. (At- tached with Memorandum of Understanding) (See (38) report F -2(s)) (u) Resolution No. 10082 establishing a Disability Pars Class/ Retirement Review Board to review, consider Disability and act on Disability Retirement Applications Ret /Rev Bd submitted by Public Safety Employees of the R -10082 City of Newport Beach. (A report from the (66) City Attorney) (v) Resolution No. 10083 increasing the Basic Water Qlty Water Quality Rate from 509 per hundred cubic Rate feet to 54C per hundred cubic feet, effective R -10083 July 1, 1981. (A report from the Utilities (40) Director) (w) Resolution No. 10084 reclassifying the Assis- Pers /Class tant City Engineer position to City Engineer. R -10084 (A report from the Public Works Director) (66) 3. COMMUNICATIONS - For referral as indicated: (a) To the Pending Legislation and Procedural Resolutions/ Ethics Committee, Resolution No. 81 -50 of the City of Brea Council of the City of Brea endorsing the (77) concept of local control of Cable Television Franchises and supervision of such franchise operations. (b) To the Planning Commission for inclusion in Plang /Com their records, Petitions #7, 8 and 9 from (67) Cliff Haven residents in favor of Resubdivi- sion No. 686. (c) To Public Works Department for investigation Encroachmt and reply, a letter from Rita Jamieson con- (65) cerning alleged encroachment in the vicinity of 54th Street. (d) To the Aviation committee for report back,, a 0/C letter from the Airport Action Association John Wayne regarding the City's stand on John Wayne Airport Airport. (58) 4. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) A letter from Don Livingstone regarding house fires, suggesting the City utilize a heli- copter water drop. (b) A letter from Mr. and Mrs. Joseph F. Mariscal, complimenting the City, and City staff on the completion of reconstruction and modifications of the bridge on Marine Avenue. •Volume 35 - Page 172 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES 'y � -o �G y9���G� �� ROLL CALL Jo T.. . ?? tout wnry - - - - -- - - 41wc^ (c) A letter from Barry F. Chaitin, regarding the City's stand on John Wayne /Orange County Airport expansion. (d) A letter to Chief of Police, Charles Gross, expressing thanks for proficient cooperative efforts displayed by the Newport Beach Police Department in responding to an alleged broken entry /burglary call on June 5, 1981 by Lois M. Mart. (e) A letter from Al "King Alfonso" Lizanetz regarding his ongoing campaign against Seagram Distillery. (f) A letter from the Irvine Terrace Community Association regarding General Plan 80-3. (g) Letters from Jack E. Groth, George H. Ochsner, Jan N. Bickslee, Alan L. Blum, Marilyn Mac - Intyre and Hugh L. Smith, regarding Newport Center expansion. (h) Friends of Oasis Minutes of May 18, 1981. (i) Memorandum from State of California -- Health and Welfare Agency, Department of Health Services regarding public rabies vaccination clinic fees in Los Angeles /Orange Counties new approved fee of $3.00. (j) Local Agency Formation Commission of Orange County communications regarding: 1) Minutes of May 27, 1981; and 2) Preliminary Agenda for June 24, 1981. (k) Application before Public Utilities Commission of State of California regarding The Gray Line Tours Company for Certificate of Public Con- venience and Necessity to extend operations as a passenger stage corporation. (1) Notice of Public Hearings and of Amendment to Pacific Telephone's offset rate increase application. (m) Agenda of the Orange County Board of Super- visors meetings of June 9 and 10, 1981. 5. CLAIMS FOR DAMAGES - (36) For denial and confirmation of the City Clerk's referral to claims adjuster: (a) Claim of Susan A. Gordy for personal injuries Gordy allegedly sustained on May 22, 1981 at City Park on River Drive, due to sharp object in bay which claimant feels could be a drainpipe. Volume 35 - Page 173 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES S �q ROLL CALL ��+ 9 June 22. 1981 INDEX (b) Claim of John Purcell for personal injuries Purcell allegedly sustained from unreasonable and unjustifiable arrest on March 8, 1981, at • Pacific Coast Highway. For rejection - Not timely filed: (c) Late claim of James D. Miller for reimburse - Miller ment for stolen bicycle allegedly recovered by Newport Beach Police Department in April, 1981. 6. SUMMONS AND COMPLAINTS - For confirmation of the (36) City Clerk's referral to claims adjuster: (a) Summons and Complaint of Sandra L. King for King personal injuries, Superior Court Case No. 354 -456. The original claim was filed on September 17, 1980, and denied by City Council on October 14, 1980. 7. REQUEST TO FILL PERSONNEL VACANCIES - For approval; (66) (A report from the City Manager) (a) One Typist Clerk II, City Clerk's Office, to fill a vacant position. (b) One Library Clerk I, Library Services Depart- ment, to fill a vacant position. (c) One Emergency Equipment Dispatcher, Police • Services Department, to fill a vacant posi- tion. (d) One Equipment Mechanic I, Equipment Mainte- nance Division, to fill a vacant position. (e) One Building Maintenance Leadman, Building Maintenance Division, to fill a vacant posi- tion. 8. STAFF AND COMMISSION REPORTS: - For Council infor- mation and approval: (a) Report from the City Manager regarding a Council proposed AMENDMENT TO COUNCIL POLICY Policy F -20 F -20, "Reserve Fund for Culture and Arts." (69) (b) Report from the City Manager regarding the CATV expiration of Community Cablevision fran- (42) chise. (c) Removed from the Consent Calendar. 9. PUBLIC HEARING SCHEDULING: None. 10. BALBOA ISLAND BRIDGE REHABILITATION (C -2014) - BI /Bridge Accept the work; authorize the City Clerk to file a C -2014 Notice of Completion; and authorize the City Clerk (38) to release the bonds 35 days after Notice of Com- pletion has been filed. (A report from the Public Works Department) Volume 35 - Page 174 CITY OF NEWPORT BEACH C UNCIL ME 8 RS MINUTES y ROLL CALL` �n 'A .Tune 22 _ 1981 i unCv 11. Removed from the Consent Calendar. 12. SPYGLASS HILL COMMUNITY ASSOCIATION REQUEST FOR ' Spyglass • EXPENDITURES FROM SPYGLASS HILL RESERVE FUND - Approve the expenditures, as listed in priority, Hill Rsry Fnd (40) and authorize a Budget Amendment of $47,200 to be appropriated from the Spyglass Reserve Fund. (A report from the Parks, Beaches and Recreation Director) 13. LITTER CONTROL CITIZENS ADVISORY COMMITTEE - Accept LC /CAC with regret, the resignation of Ninfa J. O'Brien; (24) and direct the City Clerk to prepare a Certificate of Appreciation and place on the Agenda for July 14 for appointment of replacement member. 14. ORANGE COUNTY HEALTH PLANNING COUNCIL - Direct the OCH /Plug Cncl City Clerk to reconfirm in writing, the appointment (57) of Harry G. Bubb as the City's current representa- tive to the OCHP Assembly of Delegates. 15. BUDGET AMENDMENTS: - For approval: (25) BA -073, $226,320.00 Increase in Budget Appropria- tions for purchase of oil wells, miscellaneous equipment and land parcels; Tide and Submerged Lands Fund. BA -074, $17,485.64, Transfer in Budget Appropria- tions for Prospect Street Construction between West Coast Highway and Seashore Drive; Bulkhead and Harbor Street End Improvement Fund. • BA -075, $3,544.74, Transfer in Budget Appropria- tions for Prospect Street Construction between West Coast Highway and Seashore Drive; Street Light Conversion Program Fund. BA -076, $103,169.00 Transfer in Revenue Estimates for uninsured medical benefits; General Fund. BA -077, $4,026,403.43, Transfer to Appropriations Reserve; General Fund. BA -078, $183,409.80, Transfer to Appropriations. Reserve; Park and Recreation Fund. BA -079, $62,923.16, Transfer to Appropriations Reserve; Library Fund. BA -080, $109,765.72, Transfer to Appropriations Reserve; State Gas Tax Fund (2107). BA -081, $253,900.00, Transfer to Appropriations Reserve; State Gas Tax Fund (2106). BA -082, $231,000.00, Transfer to Appropriations Reserve; Arterial Highway Financing Fund. Volume 35 - Page 175 • CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES tiG ti9 9s� G �� RAI I CAI June 22. 1981 1 NDFX BA -083, $104,258.66, Transfer to Appropriations Reserve; Tide and Submerged Lands Fund. BA -084, $523,831.25, Transfer to Appropriations • Reserve; Contribution Fund. BA -085, $111,875.71, Transfer to Appropriations Reserve; Building Excise Tax Fund. BA -086, $5,000.00, Increase in Budget Appropria- tions and Revenue Estimates for purchase and processing of books for Coastline Community College; Library Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: Motion x 1. The position of Library Information Coordinator Library All Ayes will be reconsidered at the July 27 Council meet- (50) ing. Motion x Resolution No. 10077 adopting the Budget for the Finance/ All Ayes 1981 -82 Fiscal Year, was adopted. Budget'81 -82 R -10077 2. Council Member Plummer made reference to the Ballard /Jones APPLICATION OF DAVID BALLARD, CHUCK JONES AND & Clarke WILLIAM CLARKE TO ENCROACH up to 6 feet into Encrchmt public right -of -way with a 6 -foot high slumpstone (65) wall at 5520 River Avenue. Following comments, she suggested this item be continued in order to allow the Council to view the site in question. David Ballard, Applicant, addressed the Council, • and submitted photographs of other homes adjacent to the property in question. He stated that he had begun construction of the concrete slumpstone wall between the two homes for which he had obtained a permit. He stated that he had planned to provide a concrete sidewalk and planter arrangement in front of the wall to give easier access to pedes- trians and people parking to use the public tennis courts and the beach, and urged the Council to give favorable consideration to his request. He stated he felt the encroachment permit should be granted for the reasons set forth in his letter of June 16, 1981. It was noted in the report of the Public Works Department that denial of the encroaching portion of the fence at 5520 River Avenue was recommended, as it was felt there was no justification for an exception to the provisions of Council Policy L -6. The staff has advised the Applicants that the proper procedure for consideration of the requested 6 -foot high fences in the front yard setback area at 5512 and 5516 River Avenue, is to submit an application to the Modifications Committee. Motion x The item was postponed to July 27, 1981, to allow Ayes x x x Council an opportunity to view the site. Noes x x • Volume 35 - Page 176 • r , 1 t i, r MIX t .. C UNCIL ME B RS MINUTES ti �A ROLL CALL �9 9 June 22 1981 INOEX Motion x 3. The request of PARKS, BEACHES AND RECREATION COM- PB &R Cam All Ayes' MISSIONER BRENDA ROSS FOR LEAVE OF ABSENCE from (24) July 1 through September 1, 1981, was granted; but the request to allow Kenneth Schwarz to substitute in the interim, based on provisions of the City Charter, was denied. H. ORDINANCES FOR ADOPTION: - None. I. CONTINUED BUSINESS: 1. NOMINATIONS FOR BOARD AND COMMISSION VACANCIES by Boards /Com the Appointments Committee, for appointment by the (24) City Council on July 14, 1981, are as follows: PARKS, BEACHES AND RECREATION COMMISSION Motion x Accepted the Appointments Committee's nomina- All Ayes tion of: Lucy de Mocskonyi Rae Cohen (nominated June 8, 1981) Appointment to be made on July 27, 1981, when full Council will be present. 2. A report from the Parks, Beaches & Recreation Npt -Mesa Director regarding AGREEMENT TO PROVIDE SCHOOL Lndscp Mntnc DISTRICT FACILITIES FOR LANDSCAPE MAINTENANCE C -2271 IR SERVICES, was presented. (38) Mion x Resolution No. 10085 was adopted, approving an R -10085 All Ayes Agreement between the City of Newport Beach and the Newport -Mesa Unified School District regarding Landscape Maintenance and Facilities use; and Resolution No. 10086 was adopted, amending the R -10086 Table of Authorization by adding an additional Groundsman Gardner I position thereto. 3. A report from the Public Works Department regard- Summit St/ ing SUMMIT STREET IMPROVEMENTS, was presented.' Impvms (82) Motion x Action on the foegoing improvements was deferred, All Ayes until such time as consideration is given to the Pacific Electric Right -of -Way improvements. J. CURRENT BUSINESS: 1. Report from the Planning Department regarding the Upper Npt 208 EARLY ACTION AND ITERIM PLAN FOR THE CONTROL Bay /Sedmtn OF SEDIMENTATION IN UPPER NEWPORT BAY and the (51) acceptance of an Environmental Document, was pre- sented. Volume 35 - Page 177 C UNCIL ME B RS ROLL CALLS June 22. 1981 _. ., MINUTES uncv Don Simpson, Project Engineer, advised that permit applications had been filed with the State Coastal Commission, Corps of Engineers, and the State Regional Water Quality Control Board, which should be approved prior to September 1. r on A Ayes x The Environmental Document, including proposed mitigation measures, Statement of Facts, and Statement of Overriding Considerations, was ap- proved and accepted; and Resolution No. 10087 was adopted, authorizing the R -10087 implementation of the Early Action and Interim Plan for the Control of Sedimentation in Upper Newport Bay. 2. APPLICATION OF H. W. RUSSELL to construct 15 -foot- Russell wide curb cut and 20- foot -wide driveway approach Encroachmt at 2741 Ocean Boulevard, Corona del Mar, was (65) presented. A report from the Public Works Department, was presented. Motion x The subject item was postponed to July 27 for more All Ayes information from the Applicant. 3. Report from the Transportation Plan Citizens University Advisory Committee regarding UNIVERSITY DRIVE Dr /Extsn EXTENSION EIR, was presented. (82) Mayor Heather reported that the County's Santa Ana Heights Segment of the Local Coastal Program, Land Use Plan, came before the South Coast Regional ® Coastal Commission meeting on this date. The Coastal staff recommended against the extension of University Drive and requested the County be directed to take University Drive off the Master Plan of Streets and Highways. However, the action of the Regional Commission was to delete any men- tion of the Drive from the Land Use Plan, but to indicate that on the plan that went forward to the State Commission, University Drive would not show on the Master Plan of Streets and Highways, with the clear understanding that if the interested agencies did prepare environmental documentation and could make a persuasive case, the County would be allowed to petition for an amendment to their Local Coastal Plan. Mayor Heather stated she felt that University Drive in the City's Land Use Plan would generate the same negative staff recommendation, and the City should wait until the Commission took final action. Motion x In view of the foregoing, Mayor Heather made a motion to defer this item to August 24, in order to have a better understanding of what the State Coastal Commission will do to the Santa Ana Heights Segment, and the City of Newport Beach Land Use Plans (Local Coastal Programs). • Volume 35 - Page 178 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES lk ROLL CALL siA June 22 1981 INDEX Motion x Following discussion, substitute motion was made Ayes x x x for authorization to obtain proposals for an EIR, Noes x x and the staff was directed to urge the Cities of Irvine and Costa Mesa, and the County to proceed • with their EIR's, if necessary, for that portion of the extension within their boundaries. The staff was further directed to report back monthly on the status of University Drive. 4. A report from the Ad Hoc City Council Committee on Theatre THEATRE POLICY, was presented. Policy (62) Patti -Gene Sampson, President of the Friends of the Newport Theatre Arts Center, addressed the Council, and thanked the Ad Hoc Committee for including her in their meetings. She stated that her Board has requested this item be deferred in order to get a clarification of the recommendation, and to also publicly present some of their concepts of the theatre to the Council. Motion x The item was deferred to the July 27 Council meet - All Ayes ing; and the report was referred to the Parks, Beaches and Recreation Commission for report back. 5. Request from the Lido Isle Community Association Garbage /Trsh for a SPECIAL CLEANUP DAY ON OCTOBER 10, 19B1, was (44) presented with a report from the General Services Director. Motion x Staff was directed to obtain cost estimate by x x x x private contractor vs. City forces, and report s x back. K. ADDITIONAL BUSINESS: 1. Special Event Permits for FIREWORKS DISPLAYS, were Special presented. Event /Perm (65) Motion x Special Event permits for Fireworks Displays were All Ayes approved for the following: a) Mr. and Mrs. Alexander Bowie (at Big Canyon Country Club on July 10); b) Big Canyon Country Club (July 4); and c) Newport Dunes (July 4). Volume 35 - Page 179 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES % ti99s�G�� ROI I CGI I S� .1,mn 22_ 19R1 iwncv 2. TRAFFIC STUDY -- BANNING PROPERTY. Planning (68) Motion x Staff was directed to include the Traffic Study Ayes in the public hearing scheduling on subject qW property. L. The meeting was adjourned to 7:30 p.m., Tuesday, July 14, 1981. The meeting was adjourned at 10:32 p.m. Mayor ATTEST: City Clerk 0 Volume 35 - Page 180 •