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HomeMy WebLinkAbout06/14/1982 - Regular Meetingc Present x x x x x x x on x Ayes Motion x All Ayes Motion All Ayes x CITY OF NEWPORT BEACH MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: June 14, 1982 A. ROLL CALL. B. The reading of the Minutes of the Meeting of May 24, 1982, was waived, approved as written and ordered filed. C. The reading of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Heather opened the public hearing regarding proposed Ordinance, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 20.73 OF THE NEWPORT BEACH MUNICIPAL CODE AS IT PERTAINS TO RESIDENTIAL CONDOMINIUM PROJECTS, Planning Commission Amendment No. 568, a request initiated by the City of Newport Beach to consider an amendment to Chapter 20.73, Title 20, of the Newport Beach Municipal Code regarding Residential Condominium Projects. . Report from the Planning Department, was presented. The City Manager advised that if the condo - conversion is adopted, any condo - conversion will have to comply with all the City's zoning, building and energy laws; and because of these requirements, it could be difficult to actually convert and provide all of the off - street parking requirements, as well as the setback and energy requirements. The Planning Director summarized standards required in order to meet the provisions of the condo - conversion ordinance. He also discussed the impact of the Mello Bill with respect to low income hous- ing. Motion was made to limit public testimony to one hour at this time, and to continue the public hear- ing to July 12, 1962. Maya Dunne, representing the Fair Housing Council of Orange County, submitted a prepared statement in opposition to the proposed ordinance. 'She suggestec the City not alter the conversion ordinance and allow the loss of rentals, but instead, strengthen the ordinance to allow the preservation of existing rentals. In response to comments made by Ms. Dunne, the City Attorney advised that the State Guidelines have been deemed by court decision to be advisory; therefore, the City cannot be found to be in noncompliance with the law. • 11111111 Volume: 36 - Page 175 Residential Condo Prj/ PC Amnd 568 (94) CITY OF NEWPORT BEACH C UNCIRS yG ROLL CALL June 14, 1982 MINUTES NDEX mdo Elizabeth Mead, 851 Domingo Dr., submitted a Rsdntl Cc prepared statement: regarding affordable housing. Prj She related experiences dealing with subsidized • rental housing, where she presently resides, and her attempt to obtain information regarding the Villa Balboa, a 20 -unit off -site affordable housing development. She stated that she was on a fixed income and pleaded. with the Council to provide low and moderate income housing in the City. Mot ion x During Ms. Mead's presentation she was granted an All Ayes additional five minutes to conclude her remarks. It was pointed out that the City was looking into a general plan amendment in the North Ford area with the thought of possibly providing some type of low and moderate income housing. Kurt Sandoff, 132 Via Undine, addressed the Council in support of the ordinance. He indicated he felt the City of Newport Beach was not a low -rent district and that those who desire to live here should be expected to "pay the price." He stated he also supported the proposed Transient Occupancy. Tax increase in order to bring additional revenue to the City, as would the condo - conversion ordi- nance. He also felt that an owner- tenant has the tendency to take more pride in a piece of property than someone who rents. Bill Bolay, 1008 W. Balboa Boulevard, addressed the Council in opposition to the proposed ordinance.. He responded to some of the comments made by Mr. Sandoff, stating he felt many of the yearly renters take better care of their homes than some property owners. He felt the ordinance would increase the population, and therefore, create additional prob- lems for the City. Susie Picker, 110 -9th Street, stated she was opposed to the ordinance because of increased population, as well. as traffic. Barney Larks, representing a group of senior citi- zens who are presently renters in what could be, potential condominiums, urged the Council to con- sider providing rental housing for senior citizens, as well as new and low income housing for those who can afford to purchase. Richard Nichols, 519 Iris Avenue, addressed the Council in opposition to the proposed ordinance. He indicated he felt condominium developments tend to prove to be better on larger parcels of land, and that he was not in support of subdividing any lots. Dana Smith, 1903 E. Bay, developer, addressed the Council in favor of the proposed ordinance. He stated that he did not feel implementation of the condo- conversion ordinance would solve the price • Volume 36 - Page 176 mdo CITY OF NEWPORT BEACH C UALNCIL ME B RS G ROLL CI n� •D June 14. 1982 MINUTES NOEX -- -- - barrier to purchase in the City. However, he felt it will be more affordable. He stated that financ- ing was very difficult if the building were not owner- occupied. Paul Low, owner of duplex at 226 Newport Boulevard, addressed the Council in favor of the ordinance. He stated that he was now unemployed and unable to continue to subsidize his units, which he would like to convert to condominiums. Inasmuch as the time alloted for this hearing had arrived, the public hearing was continued to July 12, pursuant to motion made prior to public testi- mony. 2. Mayor Heather opened the continued public hearing Ord 82 -7 regarding Ordinance No. 82 -7, being, Pkg /Cm1Ve Trailers AN ORDINANCE OF THE CITY OF NEWPORT BEACH (63) AMENDING SECTION 12.40.055 OF THE NEWPORT BEACH MUNICIPAL CODE ENTITLED "PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL DISTRICTS PROHIBITED" TO APPLY TO OTHER TYPES OF VEHICLES AND NONMOTORIZED TRAILERS. Report from the Council Ad Hoc Committee on Recrea- tional Vehicle Parking.Restrictions, was pre- sented. Letter from Norbert Schnabel regarding proposed R.V., trailer ordinance, was presented. • The City Clerk reported that after the printing of the agenda, five: additional letters had been received regarding the ordinance from the following _ persons: - Mrs. Herbert Wilson, Taylor Grant, Lewis T. Gardner, Mr. and Mrs. John H. Duthie, and Mr. and Mrs. Marshall Braun. It was noted that on June 7, 1982, staff met to review the various alternatives discussed to date. Present were departmental representatives from . Police, Traffic Engineering, Business License, and the City Attorney's office, as well as the City Manager's office. As a result of the.review, staff's suggestions were as follows: 1. Utilize a less restrictive width pro - vision, such as 90 ". 2. Provide for a 12 hour maximum allowable period for loading or unloading without the necessity of a permit. 3. The restrictions would apply in all residential districts. 4. Either the entrances to the City or more prominent locations throughout the City need to be posted. Volume 36 - Page 177 h/ • • CITY OF NEWPORT BEACH MINUTES June 14, 1982 5. Review the possibility of amending the Code section pertaining to sleeping in vehicles to provide a more effective enforcement mechanism. Additionally, the staff recommended incorporation of the direction given by Council on May '10, relative to aesthetics, handicapped parking and rear view mirrors. The staff also suggested exempting from the detached trailer parking restrictions, the 18th and Bay Avenue boat launch- ing area. The following persons addressed the Council: Bob Rossen, 216 -36th Street, suggested the 12 hour maximum allowable period for load- ing or unloading be changed to 36 or 48 hours. He stated that in many instances_it ,takes two days in which to pack a recrea- tional vehicle and that the 12 hour limit was unreasonable. Stuart Williams, 1748 Bayport Avenue, stated he was in favor of the ordinance; however, he felt that: the majority of recreational vehicles were under the 90" limit, and therefore, Ike was in support of maintaining the 84" limit. He stated that many recrea- tional vehicles block residents' views of the ocean, as well as the street. He also felt that police enforcement was sorely need- ed with respect to the parking and citing of recreational. vehicles. Susie Picker, 110 -9th Street, indicated she also felt the police department was negligent in citing recreational and commercial vehicles for parking, and suggested the City enact an ordinance which would force the police depart- ment to enforce such a law. Gene Baum, 106 Collins Avenue, President, Balboa Island Improvement Association, re- lated some of the problems on Balboa Island with respect to recreational vehicles, i.e., encampment, narrow streets, moving the vehi- cles from one side of the street to another, and suggested improved enforcement be con- sidered. Taylor Grant, 1985 Port Edward Circle, recrea- tional vehicle owner, discussed his areas of concern as set forth in his letter of June 14 regarding encampment, size of recreational vehicles, parking, and storage. Volume 36 - Page 178 Trailers Veh, CITY OF NEWPORT BEACH C UNCIL ME B RS tiG 9y 33, �1� ti�9 9 ROLL CALL �� �D June 14. 1982 MINUTES ND EX Veh/ Ralph Bond, 312 St. Andrews Road, recreation kg /Coral vehicle owner, stated that he surveyed most Trailers • of the City from May 13 through 29, and counted only 65 parked recreational vehicles. He felt that it would be unreasonable to ask the police department to enforce a recrea- tional prohibition ordinance for so small a percentage. Dick Glazier, 3409 Finley Avenue, stated that he felt the 12 hour time limit would only be a "headache" to the police department, and that they had more important things to do besides citing parked recreational vehicles. Mr. Glazier stated that the City already has in effect a 72 hour parking time limit. Council Member Maurer noted that the 72 hour law referred to by Mr. Glazier works out to be nine days due to the paperwork involved and the pro- cedure which cities must follow in order to remove a vehicle from the street. Marge Lindamood, 621 W. Bay Avenue, addressed the Council, stating that the City of Huntington Beach has a time limit of 24 hours for loading and unloading of recreational vehicles and the City of Brea prohibits recreational vehicles on the streets between the hours of 3 a.m. and 6 a.m. Motion x Following discussion, motion was made to amend the x x x x x x ordinance and utilize the less restrictive width x provisions of 90 ". Motion x - Motion was made to prohibit recreational vehicles Ayes x on the streets between the hours of 3 a.m. and Noes x x x x x x 6 a.m., which motion FAILED. Motion x Motion was made to provide for a 12 hour maximum Ayes x x x x x.x allowable period for loading or unloading without Noes x the necessity of a permit. Motion x Motion was made that the restrictions would apply All Ayes in all residential districts except for the 18th Street and Bay Avenue boat launching area. It was noted that the language in the existing ordinance with respect to encampment will be revised, and brought back for final Council approval lotion x Motion was made to continue the public hearing to July 12, 1982, and staff was directed to notify interested parties of the changes in the ordinance lotion x Substitute motion was made to continue the public 111 Ayes hearing to June 28, 1982. • Volume 36 - Page.179 Veh/ CITY OF NEWPORT BEACH C UNCIL ME 8 RS y y tP o 9 ROLL CALL s� Q June 14, 1982 MINUTES INDEX 571 iffg 1986 ppeali 1581 3. Mayor Heather opened the public hearing regarding rd 82 -12 Ordinance No. 82 -12, being, /C Amnd (94) • AN ORDINANCE OF THE CI1R OF NEWPORT BEACH A34ENDING TITLE 19 OF THE NEWPORT BEACH MUNICIPAL CODE AS IT PERTAINS TO EXTENDING THE ALLOWABLE EXPIRATION DATES FOR RESUBDIVISIONS AND TENTATIVE MAPS, Planning Commission Amendment No. 571, a request initiated by the City of Newport Beach to consider an amendment to Title 19 of the Newport Beach Municipal Code as it pertains to extending the allowable expiration dates for resubdivisions and tentative maps. Report from the Planning Department, was presented. Hearing no one wishing to address the Council, the public hearing was closed. Motion x Adopted Ordinance No. 82 -12. All Ayes 4. Mayor Heather opened the public hearing and City Ficker /Ri Council review of an appeal by FICKER AND RUFFING Appeal/ ARCHITECTS, Newport Beach, from the decision of Use Perm the Planning Commission on April 22, 1982, denying (88) USE PERMIT NO. 1986, a request to permit the construction of a single - family residential dwell- ing on property located in the C -1 -H District where a portion of the development exceeds the " basic height limit within the 26/35 Foot Height Limitation District, and the acceptance of an • Environmental Document. Property located at 1900 West Coast Highway, on the northerly side of West Coast Highway across from the Balboa Bay Club. Report from Planning Department, was presented. Appeal application and statement from Ficker and Ruffing, were presented. The City Manager advised that the Appellant had. requested the hearing be continued to June 28, 1982 . Motion x Motion was made to continue to July 12, 1982, and All Ayes staff to advise Appellant. 5. Mayor Heather opened the public hearing and City Loomis A Council review of an appeal by STEVE AND RICK Use Perm LOOMIS, Newport Beach, from the decision of the (88) Planning Commission on May 6, 1982, denying USE PERMIT NO. 1581 (AMENDED), a request to.amend a previously- approved use permit that permitted the establishment of a restaurant (THE RED ONION RESTAURANT) with on -sale alcoholic beverages and live entertainment so as to allow the expansion of the new public area of the second floor lounge area. The proposal also includes the acceptance of an off -site parking agreement for the addition- al required off - street parking spaces. Property located at 2406 Newport Boulevard, on the easterly side of Newport Boulevard, southerly of 26th Street on the Balboa Peninsula. Volume 36 - Page 180 571 iffg 1986 ppeali 1581 CITY OF NEWPORT BEACH UCIL ME B 9 RS MINUTES ROLL C 1 EX ?a No Report from Planning Department, was presented. Loomis Appi U/P 1581 Appeal application and statement from Ficker and . Ruffing, were presented. It was noted that the Planning Commission had denied the requested Use Permit for the following reasons: 1. That inadequate on -site parking exists . on the subject property in conjunction with the requested restaurant expansion. 2. That the proposed off -site parking lot is not usable and accessible for the restaurant use due to the lack of direct access from the existing restau- rant parking lot. 3. That approval of Use Permit No. 1581 (Amended) will, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort: and general welfare of persons residing or working in the neighborhood of such proposed use, and be detrimental or injurious to property and improve- ments In the neighborhood, and the general. welfare of the City, inasmuch as adequate parking is not available for the expanded restaurant facility. • It was also pointed out that staff had recommended against issuance of the use permit. Chad Dustin, architect representing the Appellant, spoke in support of their request and answered questions from the Council with respect to parking. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to sustain the decision of the Ayes r, x x x x Planning Commission and deny the appeal. Noes x x Motion x At this time, motion was made to allow public All Ayes input from an individual who could not attend the continued hearing on July 12, on the APPEAL OF FICKER AND RUFFINC, ARCHITECTS (Agenda item D -4): Angela White, 1132 W. Bay Avenue, addressed the Council in favor of the proposed project. She stated she felt the construction of a single - family dwelling on the subject site would enhance the area and urged the Council to grant the appeal. Motion x Motion was made to continue the hearing to July 12 Ayes 1982. 46 Volume 36 - Page 181 ?a CITY OF NEWPORT BEACH C UNCIL ME B RS y � -o y y ROLL CALL �� 9 June 14, 1982 MINUTES NDEX FY 82 Shrg 6. Mayor Heather opened the public hearing regarding Budget/ PRELIMINARY BUDGET FOR THE FISCAL YEAR 1982 -83, AND 83 & Rev • FEDERAL REVENUE SHARING FUNDS. (25) Report from the City Manager concerning 1982 -83 Fiscal Year Budget, was presented. Report dated April 26, 1982, from the Traffic Affairs Committee regarding 4 -way Stop at Balboa and 15th, was presented to be considered with Capital Improvements. Following discussion, and there being no objections from the Council, the Mayor was permitted to lobby the State Legislature regarding the City's concern over the $36 per capita basis of bail -out funding. Michael Manahann, Member of the Board of Directors of Orangewood, a new home for dependent and abused children, addressed the Council and requested $42,000 to be used for the construction of a new home for dependent and abused children. He stated that $7 million is being sought from private and public agencies, with the public sector being requested to pledge only 20% of that amount. He noted that 24 of the 26 Orange County Cities have participated in the project. There being no objections, the subject request was placed on the budget checklist. Eugene Scorio, Executive Director of the Orange • County Fair Housing Council, addressed the Council and requested $20,000 of Revenue Sharing Funds pursuant to their proposal. Vance McCarty, representing Newport Crest Home- owners Association, addressed the Council regard- ing the placement of a traffic signal at Ticonderoga Road and Superior Avenue. He stated he felt the signal was badly needed, and requested the item be considered in this year's budget. There being no objections, the above request was placed on the budget checklist. Bobby Lovell, 1242 Ocean Front, addressed the Council and requested participation in support of a conference for "homeless women," to be held July 29 at: University of Irvine. She requested an amount of $50 to help defray mailing costs and stated this would be a one -time expense. There being no objections, it was indicated this item would be considered later in the. meeting uncle. additional business. Hearing no others wishing to address the Council, the public hearing was closed. • Volume 36 - Page 182 FY 82 Shrg s es Ayes Noes Ayes Noes Ayes Noes Ayes Noes • Ayes Noes Ayes Noes Ayes Noes All Ayes All Ayes • x x x x x x x x x x x x gi x x x x x City Attorney x x x x x ""Mm"M© x x x City Attorney x x x x X. Police - Office of the Chief x of Police x x 1) 1801 Police Officer x x 2) 1851 Health & Life Ins. x 3) 1853 Retirement 7,495 x x x 1) 2101 Police Officer (2) x x 2) 2151 Health & Life Ins. 3,870 x x CITY OF NEWPORT BEACH MINUTES June 14, 1982 Budget /FY 82- 83 & RevShrg the 1982 -83 Budget Checklist: City Attorney 1) 0515 Increase Rental for Word Processor $ 4,200 Approved Police - Office of the Chief of Police 1) 1801 Police Officer 27,575 Disapproved 2) 1851 Health & Life Ins. 1,840 3) 1853 Retirement 7,495 Police - Traffic 1) 2101 Police Officer (2) 49,990 Disapproved 2) 2151 Health & Life Ins. 3,870 3) 2153 Retirement 13,585 Planning 1) 2701 Code Enforce- ment Ofcr. 21,015 Disapproved 2) 2751 Health & Life Ins. 1,800 3) Retirement 2,830 Public Works - Administrative & Engineering 1) 3001 Engineering Aide II 17,355 Disapproved 2) 3051 Health & Life Ins. 1,775 3) 3053 Retirement 2,335 Parks, Beaches & Recreation - Recreation 1) Recreation Supervisor (Request Withdrawn) It was noted that this item would come back at a later date with alternatives. Parks 1) Seasonal Part -time Corona del Mar Elementary School Lawn Area 5,000 Disapproved Bicycle Trail Study - Irvine Ave. to Jamboree Rd. 15,000 Approved Increase in Traffic Study with cities of Santa Ana, Costa Mesa & Irvine 18,000 Approved Traffic Signal at Hospital Rd. & Placentia 80,000 Approved Hoag Hospital Share 40,000 Park Lido Medical Bldg. 40,000 Modification & Upgrade of Traffic Control Equipment on Newport Blvd at 28th & 30th 50,000 Approved Volume 36 - Page 183 Budget /FY 82- 83 & RevShrg CtTX OF NEWPORT BEACH C UN ME B RS WNUTES Rni I r �� N June 14. 1982 iunev All Ayes Upgrade of Traffic: Signal Budget /FY Interconnect on Newport 83 & RevS Blvd. between 28th Street is & Via Lido 25,000 Approved Motion x Traffic Signal at 15th All Ayes Street & Balboa 80,000 Approved Motion x Motion was made to appropriate $85,000 from the Ayes x 1982 -83 budget for the installation of a traffic Noes x x x x x signal at Ticonderoga Road and Superior Avenue, Abstain x which motion FAILED. Motion x Motion was made to place Ticonderoga Road and All Ayes Superior Avenue on. the 1983 -84 Traffic Signal Priority list, and direct staff to investigate cooperative funding. Noes x x x x x x Orange County Fair Housing Abstain x Council 20,000 Disapproved Ayes x x x x x x Orangewood Home for Dependent Noes x & Abused Children 42,000 Approved It was indicated that in supporting Orangewood Home, it was with the understanding that within a four to five month period, a specific proposal would come back to the Council for final approval. Marine Safety Attendant at Corona del Mar State • Beach 800 There being no objections, referred item to Off - Street Parking Committee for recommendation and report back. Motion x Directed staff to prepare adopting resolutions for All Ayes 1982 -83 budget for placement on the City Council agenda of June 28, 1982. E. PUBLIC COMMENTS: 1. Todd Bailey, Newport Crest, Member of the West Use City Newport Legislative. Alliance, stated that their Facilities group rented a apace in Mariners Park recently for a meeting, and it was his understanding that the Council is now questioning the use of City facil- ities by political action groups for fund raising purposes. The City Manager advised that the City Attorney will have a report on the next agenda relative to this subject. F. CONSENT CALENDAR: Motion x The following actions were taken as indicated except All Ayes for those items removed:: • Volume.36 -,Page 184 82 hrg CITY OF NEWPORT BEACH C OU NCIL ME G B � RS MINUTES ROLL C June 14, 1982 - WILPEA 1. ORDINANCES FOR INTRODUCTION: Schedule for public hearing on June 28, 1982: • (a) Removed from the Consent Calendar. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 82 -73 authorizing the Depart= Purchasing, ment of General Services of the State of Radio Egpm1 California to purchase six radio scanners and Res 82 -73 antennae on behalf of the City of Newport (75) Beach, and directing the Purchasing Agent to sign and deliver all necessary documents therefor. (Report from Purchasing Agent) (b) Resolution No. 82 -74 summarily vacating an Alley Vac/ alley easement between 4809 River Avenue and Esmt �- 4802 Neptune Avenue (DRG #R /W 5455 -L) and Res 82 -74 directing the City Clerk to record same with (90) the County Recorder's Office. (Report from Public Works) (c) Resolution No. 82 -75 urging our Congressional Legislatioi Delegation to grant approval for the imple- Res 82 -75 mentation of a U.S. Customs & Immigration (48) Facility at Ontario International Airport. (d) Resolution No. 82 -76 authorizing the Mayor and Insurance/ City Clerk to execute an Agreement between the Workers Coi City of Newport Beach and Bierly &Associates Res 82 -76 for Workers' Compensation Claims Adjusting C -2192 Services (1982 -83). (Report from City Manager (38). • (e) Resolution No. 82 -77 authorizing the Mayor and Insurance/ City Clerk to execute an Agreement between the Claims City of Newport Beach and Riviera Adjusters Res 82 -77 for Insurance Processing of City's Claims C -2097 (1982 -83). (Report from City Manager) (38) (f) Removed from the Consent Calendar. (g) Resolution No. 82 -79 accepting an irrevocable Cagney Esm offer to convey easement from William J. Res 82 -79 Cagney for ten feet of street right -of -way at (74) 1530 Irvine Avenue. (Report from Public Works) (h) Resolution No. 82 -80 approving a Subdivision Resub 718 Agreement guaranteeing completion of public Res 82 -80 improvements required by Resubdivision No. 718 (84) (Pointsettia between Second and Third Avenues, Corona del Mar); and authorizing the City Clerk to execute the Agreement. (Report from Public Works) (i) Resolution No. 82 -81 calling and giving Notice Elections/ of the Holding of a General Municipal Election Genl Muncp to be held in the City of Newport Beach on Res 82 -81 Tuesday, November 2, 1982, for the election of (39) certain officers of said City as required by the Newport Beach City Charter, and the pro- • visions of the laws of the State of California. (Report from the City Attorney) Volume 36 - Page 185 mp t/ UN CIL ME B RS s � ROLL CALLS n� CITY OF NEWPORT BEACH 7....e I 1 aa1) MINUTES cpl cpl ats 3 Dvr Dvlp 136/ INDE (j) Resolution No. 82 -82 requesting the Board of Gnrl Nun Supervisors of the County of Orange to Consoli- Election date a Regular Municipal Election of the City Cnsldtn . of Newport Beach to be held on November 2, Res 82 -8 1982 with the Statewide General Election to be (39) held on said date pursuant to Section 23302 of the Elections Code. (See report with agenda item F -2(1)) (k) Resolution No. 82 -83 adopting regulations for Gnrl Mun Candidates for Elective Office, pertaining to Elctn /Cn materials submitted to the Electorate and the Res 82 -8 Costs thereof: for the Statewide General (39) Election to be held in the City of Newport Beach on Tuesday, the 2nd day of November, 1982. (See report with agenda item F -2(i)) 3. CONTRACTS /AGREEMENTS FOR APPROVAL: (a) Award Contract No. 2319 to Sullivan Concrete Westclf /'. Textures in the amount of $40,717; and author- Tfc Mdn ize the Mayor and City Clerk to execute same. C -2319 (Report from Parks, Beaches and Recreation - (38) Westcliff and Dover Drive Traffic Median Development) (b) Approve Contract authorizing the Sale of Water Utilities outside of the City for the Fiscal Year 1982- Sale Wtr 83. (Report from Utilities Department) C- 2335/2, 2337/233f (c) Approve Subdivision Agreement guaranteeing (38)/(93; completion of the public improvements required Resub 67f . with Resubdivision 678; and authorize the (84) Mayor and City Clerk to execute said Agreement (Report from Public Works) (d) Approve License Agreement between landowners Resub 67E for construction of a private sewer force main (84) within the University Drive right -of -way; authorizing the Mayor and City Clerk to exe- cute said Agreement; and authorizing and directing the City Clerk to have the Agreement recorded with the Orange County Recorder.' (See report with agenda item F -3(c)) (e) Approve an Entry Permit allowing the City to Resub 67E modify the entrance drive into the development (84) in the event that University Drive is extend- ed; and authorize the Mayor and City Clerk to execute said Agreement. (See report with agenda item F -3(c)) 4. COMMUNICATIONS - For referral as indicated: (a) To Parks, Beaches and Recreation for reply, PB &R /Tree letter from John B. Crosby regarding tree (62) trimming. (b) To the City Attorney for inclusion in the OCS Lease records, Sierra Club - Angeles Chapter, Chair, Sale #68 . Coastal Committee Gordon W. Smith's letter (87) regarding OCS Lease Sale U68. Volume 36 - Page 186 cpl cpl ats 3 Dvr Dvlp 136/ • CITY OF NEWPORT BEACH C UN CIL ME B RS MINUTES s s v �ALL� stJ+� i� June 14, 1982 (c) Removed from the Consent Calendar. (d) To the Planning Department and General Ser- vices for inclusion in the records, letter from Dr, and Mrs. Casagrande, Encino, Cali- fornia regarding Video Games /Newspaper Recyc- ling. (e) To the Pending Legislation and Procedural Ethics Committee, a resolution of the City of Santa Ana in opposition to Assembly Bill 3011 establishing in law a relationship between cancer in Firefighters and their employment. (f) To Public Works for reply, letter from Chair- man Judy Cooper, Citizens Environmental Quality Advisory Committee regarding mainte- nance and quality of Seminiuk Slough. (g) To Library Department for inclusion in the records, letter from Board Library Trustees Chairman Mary Richmond, regarding informative brochure prepared by Marlene Miller on the Newport Beach Library System. (h) To Pending Legislation and Procedural Ethics Committee, a resolution of the City of Signal Hill urging the Legislature of the State of California not to make any change in the present formula for State subventions to cities. (i) To Traffic Affairs Committee for report back, petition signed by residents of Balboa Pier Park area and business owners regarding parking meters in A & B Streets, as submitted by James A. Mahoney. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Orange County Division League of California Cities Minutes of May 20, 1982, and tentative agenda for June 10, 1982. (b) Minutes of Orange County Local Agendy Forma- tion Commission of May 12, 1982, and pre- liminary agenda of June 9, 1982. (c) Notice of intent to issue permit from Cali- fornia Coastal Commission regarding 35th Street -end at Marcus Avenue near Rivo Alto, Newport Beach replacement of existing wooden bulkhead with precast concrete bulkheads along new alignment and extension of street -end with associated surface improvements, including new tide gate valve. • I I I I I I I I Volume 36 - Page 187 572 (94)/ Sery (44) Resltns /Othr Cities (77) Seminiuk Slough Mtnc PWrks/(62) Library (50) Resltns /Othr Cities (77) Pkg Meter/ Zones (63) CITY OF NEWPORT BEACH C UNCIL ME B RS 9y kp A MINUTES ROLL CALL s� 9 June 14, 1982 INDEX 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's :referral to the claims adjuster: • (a) Stacy Lynn Herft for property damage sustained Herft on May 18, 1982, alleging City employee operating backhoe at construction site backed up into claimant's parked vehicle at Coronado Street, So. of Edgewater. (b) Southern California Edison Company for prop- So Cal Ed erty damage sustained on May 5, 1982, alleging J. W. Mitchell Co., while under contract with the City, grader hit anchor rod breaking it, between MacArthur and Jamboree. (c) Werner Portenier for reimbursement of towing Portenier charges and property damage to rubber door seal of his vehicle, alleging Police issued citation in error (California registration apparently not visible), on May 30, 1982 at 22nd & Balboa. Boulevard. 7. SUMMONS AND COMPLAINTS - For confirmation of the City Clerk's referral to the claims adjuster: (a) Sandra Mathis for damages, Orange County Mathis Municipal Court, Case No. 52985; claim denied by Council on March 22, 1982. (b) Kristine L. Perchel for Notice of Continuance Perchel of Hearing on Petition for Relief from Govern- ment Code Section 945.4, Orange County Super- ior Court, Case No. 37- 62 -98; application for leave to present late claim denied by Council on April 26, 1982. 8. REQUEST TO FILL PERSONNEL VACANCIES - For approval: (66) (Report from the City Manager) (a) One Associate Planner, Current Planning Division. (b) One Utilities Construction Specialist, Utility Department. (c) One Police Officer, Police Department. (d) One Police Clerk, Police Department. (e) One Library Clerk I, Library Department. (f) One Utilities Serviceworker, Utilities Depart- ment. 9. STAFF AND COMMISSION REPORTS: For Council information and approval: (a) Report from the City Manager regarding AUTHORI Council • ?.ATION FOR COUNCIL MEMBERS TO ATTEND MAYORS AND COUNCIL MEMBERS EXECUTIVE FORUM IN MONTER- Expense/ (33) EY. Volume: 36 - Page 188 t_. - - L • CITY OF NEWPORT BEACH MINUTES June 14, 1982 (b) Building Director's STATUS REPORT OF 2106 W. OCEAN FRONT (RESTORATION AND REMODELING OF MC FADDEN BUILDING). (c) Removed from the Consent Calendar. (d) Library Director's memorandum regarding gift to the Newport Public Library of WALL PLAQUES "FREEDOM SHRINE PROJECT" donated by the National Exchange Club, approximate value of $175. 10. PUBLIC HEARING SCHEDULING: None. 11. Removed from the Consent Calendar. 12. ACCEPTANCE OF OFFER TO DEDICATE PUBLIC ACCESS EASEMENT AT THE SOUTHWESTERLY CORNER OF PARCEL 1 - RESUBDIVISION NO. 706 - Lot 1 and a portion of Lot 2, Tract No. 3232, located at 1101 Bayside Drive on the southeasterly corner of Bayside Drive and Marine Avenue adjacent to the Balboa Island Bridge. (Report from Public Works) 13. ACCEPTANCE OF IMPROVEMENTS IN RESUBDIVISION NO. 501- Portion of Block 55, Irvine's Subdivision, located in Blocks 700/800 in Newport Center, on the southwesterly side of San Joaquin Hills Road and Santa Cruz Drive- Accept the public improvements constructed in conjunction with Resubdivision No. 501; and authorize the City Clerk to release the Faithful Performance Bond and Labor and Material Bond ( #'a 5785393) in six months, provided no claims filed. (Report from Public Works) 14. PARTIAL ACCEPTANCE OF IMPROVEMENTS IN RESUBDIVISION NO. 616 - Portions of Block 55 and 93, Irvine's Subdivision, located at 1600 East Coast Highway on the northerly side=_ of East Coast Highway between Jamboree Road and Newport Center Drive - Accept the public improvements along East Coast Highway and Jamboree Road constructed in conjunction with Resubdivision No. 616; and authorize the City Clerk to release the Faithful Performance and Labor and Materials Bonds ( #'s S785371/S785373) in six months provided no claims filed. (Report from Public Works) (26) & (88) UP 1717 (50) (84) 706 501 616 15. ACCEPTANCE OF SIDEWALK REPLACEMENT ALONG EAST COAST dwlk Rplcm/ HIGHWAY IN CORONA DEL MAR (C -2266) - Accept the CH'wy -CdM work; and authorize the City Clerk to file a Notice -2266 of Completion and release the bonds 35 days after (38) Notice of Completion has been filed. (Report from Public Works) 16. REFER APPLICATION OF TEDDY YIP AND BEVERLY CLARK TO Drvwy Permit/ PARKS, BEACHES AND RECREATION COMMISSION FOR REVIEW (80) AND RECOMMENDATION - To realign an existing drive- way, and to construct landscaping including retain- ing walls and stairs and raised planters in the public right -of -way adjacent to 3631 Ocean Boule- vard, Corona del Mar. (Report from Public Works) Volume 36 - Page 189 CITY OF NEWPORT BEACH UN Rol ME B RS ti 9y s��G Rnl i f.61 1 < June 14. 1982 MINUTES INDEX 49 ,IC, 51 17. TRACT NO. 11449 BOND REDUCTION - Portion of Tenta- Tract 114 tive Tract No. 10891 generally bounded by Bison Avenue, Jamboree Road, Ford Road, and MacArthur • Boulevard, in the Aeronutronic Ford Planned Com- munity; authorize the City Clerk to accept the Faithful Performance Bond Rider (11102875) to reduce the existing $299,000 Faithful Performance Bond to the sum of $80,000; authorize the City Clerk to accept the Labor and Materials Bond Rider ( #102875 -A) to reduce the existing $299,000 Labor and Materials Bond to the sum of $80,000; and authorize the Mayor and City Clerk to execute a modified agreement for Tract No. 11449. (Report from Public Works) 18. TRACT NO. 11450 BOND REDUCTION - Portion of Tenta- Tract 114 tive Tract No. 10391, generally bounded by Bison Avenue, Jamboree Road, Ford Road and MacArthur Boulevard, in the Aeronutronic Ford Planned Com- munity; authorize the City Clerk to accept the Faithful Performance Bond Rider (11102877) to reduce the existing $472,000 Faithful Performance Bond to the sum of $105,000; authorize the City Clerk to accept the Labor and Materials Bond Rider (#102877 - A) to reduce the existing $472,000 Labor and Materials Bond to the sum of $105,000; and author- ize the Mayor and City Clerk to execute a modified agreement for Tract No. 11450. (Report from Public Works) 19. TRACT NO. 11451 BOND REDUCTION - Portion of Tenta- Tract 114 • tive Tract No. 10391, generally bounded by Bison Avenue, Jamboree Road, Ford Road and MacArthur Boulevard, in the Aeronutronic Ford Planned Com- munity; authorize the City Clerk to accept the Faithful Performance Bond Rider ( #102879) to reduce the existing $330,000 Faithful Performance Bond to the sum of $85,000; authorize the City Clerk to accept the Labor and Materials Bond Rider (#102879 - A) to reduce the existing $330,000 Labor and Materials Bond to the sum of $85,000; and authorize the Mayor and the City Clerk to execute a modified agreement for Tract No. 11451. (Report from Public Works) 20. Removed from the Consent Calendar. 21. Removed from the Consent Calendar. 22. BUDGET AMENDMENTS - For approval: (25) BA -100, $850.00 Increase in Budget Appropriations for purchase of four chairs and a desk for City Attorney's Office; City Attorney - Office Equipment Fund. BA -101, $35,000.00 Increase in Budget Appropria- tions for six bioassays as required for renewal of the City's Maintenance Dredging Permit; Marine- Services/Professional, Technical, etc. Fund. Volume 36 - Page 190 49 ,IC, 51 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES ROI I CAl I n� �D June 14. 1982 572 as n/ BA -102, $100,000.00 Increase in Budget Appropria- tions for coverage of contractual agreement for second phase of replacing communications console at . Police facility; Police - Administrative Fund. BA -103, $7,845.00 Increase in Budget Appropriations and increase in Revenue Estimates for Donation from Friends of the Library for the purchase of furni- ture and equipment; Libraries- Office Equipment/ Furniture & Fixtures Fund. BA -104, $705.00 Increase in Budget Appropriations for purchase of draperies and lateral file, three - drawer, legal size for City Attorney's office; City Attorney- Office Equipment Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Proposed ordinance amending Chapters 5 and 20 of P/C Amnd the Newport Beach Municipal Code to regulate Video Gam4 electronic video game machines, Planning Commission (94) Amendment No. 572, a request initiated by the City of Newport Beach to consider amendments to Title 5 and Title 20 of the Newport Beach Municipal Code establishing regulations pertaining to the opera- tion and location of electronic video game machines in the City of Newport Beach, was presented along with a report from the Planning Department. Motion x It was noted that staff had inadvertently placed All Ayes the wrong ordinance in the agenda packet, and there fore, this item was continued to June 28, 1982. • 2. Proposal submitted by Richard A. Fuller, M.A.I., Big Canyoi Appraiser and Consultant for BIG CANYON OPEN SPACE PB &R (62) PARCEL, NEWPORT BEACH, was presented. Motion x Motion was made to approve the subject report. Mayor Pro Tem Hart stated that she wanted to emphasize to the appraiser that this area was an environmentally - sensitive area and designated as a Flora and Fauna Preserve, and not just open space. David Dmohowski, representing The Irvine Company, requested that the Council continue consideration of this item for two weeks until they have had a chance to confer with staff on some of the assump- tions that might go into the appraisal. It was pointed out. by staff that the zoning on the subject parcel is unclassified, that it is designat- ed as recreational. and open space on the General Plan, and designated as Flora and Fauna Preserve on the Land Use Plan. All Ayes Following discussion, the motion on the floor was voted on and carried. • Volume 36 - Page 191 572 as n/ Dion All Ayes Motion All Ayes • Motion All Ayes Motion • x x ix Ix CITY OF NEWPORT BEACH MINUTES June 14, 1982 3. A letter from Jan. Olson regarding enforcement of signs posted prohibiting dogs from the parks, was presented. 4. Motion was made to refer the subject letter to the Police Department, Animal Control, for reply with Council to receive a copy of said reply. In addi- tion, staff directed to report back on number of citations issued last year with respect to leash law violations. Proposed resolution supporting the U.S. Conference of Mayors' position regarding urging the administra- tion to refrain from implementing initiatives which prohibit.local governments from establishing Noise Abatement Activities (Helms Initiative) and direct- ing the City Clerk to forward same to USC14 Repre- sentative, was presented. Due to the lateness of the hour, Council Member Strauss withheld his comments and moved to adopt said Resolution No. 82 -78. 5. A letter from Orange County Housing Commission regarding the appointment of Mr. Willard Wade as the City's representative on the Advisory Committee of the Orange County Housing Commission, was pre- sented. Council Member Strauss stated that he was not opposed to appointing Mr. Wade to the Committee; however, he would request that in the future there be alternate choices, including some biographical information (history and experience). Motion was made to appoint Willard Wade as the City's representative on the Advisory Committee of the Orange County Housing Commission. 6. APPEAL FROM DENIAL BY THE STAFF OF APPLICATION BY RICHARD JORDAN to encroach 3 feet, 8 inches into the public right -of -way at 209 E. Bay Front, Balboa Island, with a retaining wall, planter and patio slab approximately 18 inches above the adjacent sidewalk, was presented. It was recommended by the Public Works Department, in their report presented to Council, that the application be denied. Richard Jordan, 209 E. Bay Front, addressed the Council in support of his appeal. Motion was made to continue this item to July 12, in order to allow the Balboa Island Improvement Association and Little Balboa Island Property Owners Association to view the site and report back. Mr. Jordan stated that, if the encroachment permit were approved, he would be willing to sign an affidavit to,the effect that, if the sidewalk is widened by the City, he would tear out the work at his expense. Volume 36 - Page 192 Cntrl (70) .S.Cnfrnc yors /NOISE (48 ) Res. 82 -78 0/C Housg Cms (54) Jordan/ Encrchm (65) CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES yG��F ROLL CALL �n 9 June 14. 1982 iwnev rmi to an All Ayes The motion on the floor was voted on and carried. 7. DENIAL OF SPECIAL EVENT PERMIT REQUEST BY VERONICA SpclEvntPe • YOUNG for June 25„ 1982, from 4:00 p.m. to 10:00 (65) Young p.m., at 5105 Seashore Drive for live rock band music, was presented together with report from the License Supervisor, Finance Department. Veronica Young, Applicant, stated that the Calvary Chapel of Costa Mesa would be sponsoring the event and that the bands would be playing music with a positive message intended to steer persons away from drugs, drinking and other negative influences. She stated that a petition was submitted with her application signed by residents in the immediate area in support of the concert. Motion x Following discussion, motion was made to approve Ayes x x x x the request, and staff was directed to report back Noes x x x after the event. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: 1. Report from the'City Attorney regarding REFERENDUM Elections/ GPA 81 -1 (BANNING - NEWPORT RANCH), was presented. Npt -Banng Referendum Louise Greeley, representing West Newport Legisla- (39) tive Alliance, addressed the Council, and recom- mended the proposed language of the ballot measure be rewritten, and as an alternative, suggested the following wording: "Shall Shall Resolution No. 82 -41, General Plan Amendment 81 -1 authorizing Amendments to the Newport Beach General Plan, Banning - Newport Ranch, be approved ?" Motion x Following discussion, motion was made to appoint Banning -Np All Ayes an an ad hoc committee to prepare alternative Ad Hoc Com ballot language and continue this item to July 12, 1982. There being no objections, the ad hoc committee to consist of Council Members Maurer and Plummer, and Mayor Heather. 2. APPOINTMENTS TO BOARDS AND COMMISSIONS VACANCIES. Boards/Con (24) Report from the City Attorney regarding Planning Commission Nomination, was presented. The assignment of :red and green lights was selected as the method of voting, and the following appoint- ments and reappointments were confirmed: BOARD OF LIBRARY TRUSTEES Green x x x x x x Kent Steckmesser was assigned the green light Red x Marcia Fouladi was assigned the red light • Kent Steckmesser was appointed for 4 -year term ending June 30, 1986. Volume 36 - Page 193 rmi to an en e Green Red Green Red L I I I xI xi x x x x Gre RedeR LISIXIS Green x x x x x Red White x x • CITY OF NEWPORT BEACH MINUTES June 14, 1982 CITY ARTS COMMISSION Patricia Kendrick was assigned the green light Bunny Crosson was assigned the red light Patricia Kendrick was appointed for 4 -year term ending June 30, 1986 CITY ARTS CO14IISSION Ervin Pashley was assigned the green light Molly Lynch was assigned the red light Molly Lynch was appointed to fill the unexpired term of A. Z. Taft, ending June 30, 1983. CIVIL SERVICE BOARD OF TRUSTEES Michael Mitchell was assigned the green light Donald Preston was assigned the red light Michael Mitchell was reappointed for a 4 -year term ending June 30, 1986 (Council nominee). PARKS, BEACHES AND RECREATION COMMISSION Robert Hopkins was assigned the green light Orlando Ludovise was assigned the red light Robert Hopkins was reappointed for a 4 -year term ending June 30, 1986. William O'Keefe was assigned the green light James Capretz was assigned the red light James Capretz -was appointed for a 4 -year term ending June 30, 1986. PLANNING COMMISSION The assignment: of red, green and white lights were selected as the method of voting. David Goff was assigned the green light James Person was assigned the red light Allan Beek was assigned the white light David Goff was appointed for a 4 -year term ending June 30, 1986. Volume 36 - 194 Comsn 46en l Gre RedeR LISIXIS Green x x x x x Red White x x • CITY OF NEWPORT BEACH MINUTES June 14, 1982 CITY ARTS COMMISSION Patricia Kendrick was assigned the green light Bunny Crosson was assigned the red light Patricia Kendrick was appointed for 4 -year term ending June 30, 1986 CITY ARTS CO14IISSION Ervin Pashley was assigned the green light Molly Lynch was assigned the red light Molly Lynch was appointed to fill the unexpired term of A. Z. Taft, ending June 30, 1983. CIVIL SERVICE BOARD OF TRUSTEES Michael Mitchell was assigned the green light Donald Preston was assigned the red light Michael Mitchell was reappointed for a 4 -year term ending June 30, 1986 (Council nominee). PARKS, BEACHES AND RECREATION COMMISSION Robert Hopkins was assigned the green light Orlando Ludovise was assigned the red light Robert Hopkins was reappointed for a 4 -year term ending June 30, 1986. William O'Keefe was assigned the green light James Capretz was assigned the red light James Capretz -was appointed for a 4 -year term ending June 30, 1986. PLANNING COMMISSION The assignment: of red, green and white lights were selected as the method of voting. David Goff was assigned the green light James Person was assigned the red light Allan Beek was assigned the white light David Goff was appointed for a 4 -year term ending June 30, 1986. Volume 36 - 194 Comsn CITY OF NEWPORT BEACH C UNCIL ME 8 RS MINUTES yG v s� -o 3� �� ti�vG ROLL CALL n9 �! June 14, 1982 L099 /Tfk amn )es- J. CURRENT BUSINESS: None. K. ADDITIONAL BUSINESS: 0 ion x 1. Adopted Resolution No. 82 -84 supporting the current Res 82 -84 Ayes x x x x x x organizational structure of the Sanitation Dis- 0/C Saniti Abstain x tricts and opposing any legislative change that Districts would place the districts under a governing board (54) comprised solely of the County Board of Supervisors Motion x 2. Scheduled public hearing on July 12, for Use Permit Use Permi All Ayes No. 2080 (Fun Zone), including Variance No. 1092, 2080 /Var Resubdivision No. 724 and Traffic Study in connec- Resub 724, tion therewith. Study Motion x 3. Adopted Resolution No. 82 -85 supporting the Con- Res 82 -85 All Ayes ference for Homeless Women to be held July 29 at Conferenc, University of Irvine. Homeless i (61) 4. Council Member Hummel expressed his concerns over Buildg /Asl the use of asbestos cement pipe in connection with tos Cemen the City's current: contract for water main replace- pipe Use ment because of recent information regarding a possible public health problem. Motion x In view of the foregoing, motion was made to defer further installation of the asbestos cement pipe until acceptable documentation is received from a medical source justifying its use, and that it would not be hazardous to public health. Joe Devlin, Director of Utilities, stated that it • was true, there has been a lot of controversy regarding the use of asbestos cement pipe and it has been claimed the most studied type of pipe in the world. The staff has been following it closely and has found no evidence to show any relationship between cancer and the use of asbestos cement pipe. The Director of Public Works concurred in the remarks of Mr. Devlin and stated that all the material he has read supports the fact that there is no demonstrated public health problem associated with the use of asbestos cement pipe. In addition, 80% of the pipe in the City's water system is asbestos cement, and probably 80% of the water pipe being installed in the United States is asbestos cement. It was noted by the Director of Public Works that it would cost the City $2,750 per day to delay the existing contract. Motion x Following discussion, substitute motion was made to Ayes x x x proceed with the work pursuant to existing con - Noes x x x x tract, excluding any flushing, and to continue this item to June 28, 1982, which motion FAILED. • Volume 36 - Page 195 L099 /Tfk amn )es- Ayes 0a • L XIXIXIXIXIXIX CITY OF NEWPORT BEACH MINUTES June 14, 1982 The motion on the floor was voted on and FAILED. There being no objections, the staff was directed to report back on the use of asbestos cement pipe. The meeting was adjourned at 12:55 a.m., June 15, 1982. ATTEST: City Clerk Volume 36 - Page 196