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HomeMy WebLinkAbout08/23/1982 - Regular MeetingC UNCIL ME 8 RS ROLI rAl I CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30.P.M. DATE: August 23, 1982 MINUTES -- - INULX Present x x x x x x x A. ROLL CALL. on x B. The reading of the Minutes of the Meeting of August . Ayes 9, 1982, was waived, approved as written and ordered filed. Motion x C. The reading of all ordinances and resolutions under All Ayes consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Heather opened the continued public hearing . U/P 2019 & and City Council review of an APPEAL BY R. V. HOGAN Resub 696 COMPANY AND SPANGLER /SCHACHTMAN AND ASSOCIATES, (88) Newport Beach, from the decision of the Planning Commission on December 10, 1981, denying USE PERMIT NO. 2019 AND RESUBDIVISION NO. 696, a request to construct a twenty unit time -share condominium development and related parking area in the C -1 -H District which exceeds the basic height within the 26/35 Foot Height Limitation District and the acceptance of an Environmental Document; and a request to.establish a single building site for the condominium project where two lots and a portion of two other lots now exist. Said applications were previously considered and tabled by the City . Council on January 11, 1982 and.removed from the table on March 8, 1982. Report from the Planning Department, was presented. • It was noted that on July 26, 1982, the City Counci adopted Ordinance No. 82 -14, prohibiting the devel- opment of time -share projects within the City. Hearing no one wishing to address the Council, the public hearing was closed. Council Member Cox stated he will abstain from from voting on this item for the same reasons he ab- stained on the adoption of Ordinance No..82 -14. Motion x Motion was made to deny Use Permit No. 2019 and Ayes x x x x x x Resubdivision No. 696, subject to the findings set Abstain x forth in staff report dated January 11, 1982, designated as Exhibit "B," and the additional two findings set forth in staff ,report dated August 23, 1982. 2. Mayor Heather opened the public hearing regarding HUD /CDBG the "PROPOSED STATEMENT OF COMMUNITY DEVELOPMENT Asstnc Pln OBJECTIVES AND PROJECTED USE OF FUNDS" PORTION OF (87) THE 1982 COMMUNITY DEVELOPMENT BLOCK GRANT SUBMIS- SION AND A HOUSING ASSISTANCE PLAN, being, a resolution approving the submittal of a 1982 submission for Community Development Block Grant Funds to'be used for housing rehabilitation in the City of Newport Beach, and the submittal of a Housing Assistance Plan. Volume 36 - 258 0 • Motion All Ayes Motion All Ayes L x CITY OF NEWPORT BEACH MINUTES August 23, 1982 Report from the Planning Department, was presented. Discussion ensued with respect to the types of restrictions that will be placed on the disbursem of funds to the community; the conditions imposed by the Civil Rights Act; and the preservation of existing housing stock. Crystal C. Sims, Attorney, No. 38 Emerald.Bay, representing the Legal Aid Society of Orange County addressed the Council and read a prepared statement in support of the City's Grant Program. She stated however, that the focus of any Community Developmen Block Grant Funds received, for use in housing rehabilitation would be inefficient and problemati- cal, given the nature of the City's identified housing needs. They felt the use of any CBDG Funds for short -term housing maintenance will duplicate existing market forces and will leave unresolved the long -term housing needs of the City. The best use of any funds is to encourage the new construc tion of affordable housing within the City, which, could be accomplished through a land acquisition, or cast write -down program funded by the CBDG program. Barney Larks, 1901 Beryl Lane, spoke in support of using the CDBG Funds for additional rental units, rather than to preserve existing rental housing stock. He felt more emphasis should be placed on obtaining land for the construction of low -and moderate- income housing. It was pointed out by staff that the 1980 Census indicated 47% of the City's housing stock were rental units at a median of $443 per month. Alice Ramer, 210 Goldenrod, Member of the Orange County Senior Citizens Advisory Council and Orange County Fair Housing Council, spoke in support of using the CDBG Funds for rehabilitation of existing housing stock. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to adopt Resolution No.. 82 -122, approving submittal of a 1982 Community Block Grant Application and Housing Assistance Plan to the Federal Department of Housing and Urban Development E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: The following actions were taken as indicated, except ,for those items removed: 1. ORDINANCES FOR INTRODUCTION: - Schedule for public hearing on September 13,1982: Volume 36 - Page 259 tnc Pln COUNCIL • CITY OF NEWPORT BEACH MINUTES August 23, 1982 (a) Proposed Ordinance No. 82 -19, being, Zoning /Opr Pool Pmps AN ORDINANCE OF THE CITY OF NEWPORT BEACH (94) AMENDING SECTION 20.10.035 OF THE NEWPORT BEACH MUNICIPAL CODE AS IT PERTAINS TO THE HOURS OF OPERATION OF POOL PUMPS IN RESIDENTIAL DISTRICTS, PLANNING COMMISSION AMENDMENT NO. 575, a PCA 575 request initiated by the City of Newport Beach to consider an amendment to Section 20.10.035 of the Newport Beach Municipal Code as it pertains to the hours of operation of pool pumps in residential districts. (Report from the Planning Department) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 82 -123 establishing Uniform Personnel/ Personnel Policies for City Employees relating UnPersPlcy to conditions of employment and rescinding Res 82 -123 Resolution No. 11094. (Report from Personnel) (66) 3. CONTRACTS /AGREEMENTS - For approval: (a) Agreement for professional engineering.ser- Lido Is Brdg/ vices; authorize the Mayor and City Clerk to PrfEngSery execute subject agreement with William M. C -2346 Simpson, Consulting Structural Engineer. (38) (Report from Public Works - Lido.Isle Bridge Rehabilitation (C- 2292)) (b) Amended Agreement for engineering services Superior Av with Williamson and Schmid for the design of Impvm /EngSery additional right -turn lanes and merging lanes C -2119 for the subject project; authorize the Mayor (38) and City Clerk to execute said amended agree-' meat. (Report from Public Works - Superior Avenue Improvements from Coast Highway to 1200 Feet North of Coast Highway (C- 2119)) 4. COMMUNICATIONS - For referral as indicated: (a) To Parks, Beaches and Recreation for inclusion PB&R /Tree in the records, letter from Mrs. Alice Remer Trmg CdM regarding tree triming in Corona del Mar. (62) (b) To Pending Legislation and Procedural Ethics Legislation Committee, mailgram from League of California (48) Cities regarding AB 3011 and 684, and SB 53. (c) To staff for notification that the Mayor or League CA Mayor Pro Tem shall be voting representatives Cities /Annual at the League of California Cities Annual Cnf- SDiego Conference Business Session on October'20, at (61) 10:00 a.m., Town and Country Hotel, San Diego. Volume 3.6 - Page 260 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES 9, ROLL CALL �n S1 Auonst 24. 1982 -- - -� -- - (d) To the Pending Legislation and Procedural Resolutions/ Ethics Committee, resolution of the City of Other Cities Westminster joining with the City of Anaheim (77) • urging our State Legislators to defeat AB -2660 (would alter the composition of the South Coast Air Quality Management District (SCAQMD) Board by adding three political appointees to be appointed by State office holders). (e) To Planning Department for inclusion in the /P 822(A) records, letters from Mr. and Mrs. Charles D. St. Andrews Thompson, Mrs. Charles Wickert, Mrs. Florence Chrch Parker, Mrs. Ruth Silvey, Mr. and Mrs. Andrew (88) Kalanz and William R. Franklin regarding St. Andrews Presbyterian Church. (f) To Santa Ana Heights Annexation Ad -Hoc Com- SAna Hghts/ mittee for consideration, request of James G. Annex Harker, President, Back Bay Homeowners Associa- (21) tion, to move on the Santa Ana Heights Annexa- tion. (g) To Planning Department for inclusion in the U/P 2080 records, Barbara Maples' letter regarding "Fun "Fun Zone" Zone." (88) 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Dorothy D. Uhlig, Secretary, Eastbluff Apt. Owners Association, inquiry regarding U.S. Supreme Court ruling on compensation to owners • of apartment buildings by television cable companies. (b) South Coast Air Quality Management District's proposed amendments and notice of public hear- ing on September 10 (New Source Review, Regu- lation XIII). (c) Al "King Alfonso" Lizanetz's correspondence re- garding his ongoing campaign against high interest rates, organized crime and Seagram Distillery family. (d) Local Agency Formation Commission of Orange County Minutes of July 28 and Preliminary Agenda for August 25, 1982. 6. CLAIMS FOR DAMAGES _ For denial and confirmation of (36) the City Clerk's referral to the claims adjuster: (a) Eva Klinger for property damage alleging Klinger clogged sewer drains due to City trees sus - tained on July 15, 1982, on 621 Marguerite Avenue. Volume 36 - Page 261 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES ROLL CALI �n AiPUwt 24_ ioa9 (b) Mercury Casualty Co, for Michael Reyes for nercury Cas/ • property damage alleging Police Department vehicle rear -ended claimant's parked, unoccu- Reyes pied automobile into a barricade on Olive Street, on July 5, 1982. (c) Metropolitan Property & Liability for Tobey Metropolitan/ Rosen for property damage, alleging City. Tobey vehicle hit side of claimant's automobile on Vista Noblesa on July 1, 1982. For rejection - not timely filed: (d) Western Cement Contractors, Inc. for personal Western Cem/ injuries of Stella Dodge as a result of trip - Dodge ping and falling on sidewalk on 205 -30th Street, on August 22, 1981. 7. SUMMONS AND COMPLAINTS - For denial and confirmatio of the City Clerk's referral to the claims adjuster: (a) George R. and Shirley Loftis for personal Loftis injuries and damages on October 28, 1978. allegedly sustained from City Police Officers; original false arrest claim filed on February.' 12, 1979 and claim for emotional distress filed on October 23, 1979. 8. REQUEST TO FILL PERSONNEL VACANCIES - For approval: (66) (Report from the City Manager) • (a) One Police Officer, Police Department. (b) One Animal Control Officer, Police Department. (c) One Equipment Serviceworker, General Services Department. (d) One Secretary, Parks Beaches and Recreation Department. (e) One Recreation Clerk- Typist, Parks, Beaches and Recreation Department. 9. STAFF AND.COMMISSION REPORTS - For Council informa- tion and approval: (a) Report from the Assistant to the City Manager 'CATV /Grp W regarding CITY COUNCIL ACCEPTANCE OF VIDEOTAPE Videotp Eq EQUIPMENT FROM GROUP W CABLE. (42) (b) BALLOT ARGUMENT IN FAVOR OF AQUATIC CENTER Election /No. LEASE AT NORTH STAR BEACH. Star AgCtr (39) (c) Subcommittee report on Caltrans West regarding pB &R CALTRANS CALTRANS WEST PROPERTY. WEST Prpty (62) (d) .Report from the City Attorney regarding CON- O/C Arpt /Litg FIRMATION OF ATTORNEY'S FEES ESTIMATE - AIR- Fees , PORT LITIGATION. C -2331 • (38) Volume 36 - Page 262 • • u CITY OF NEWPORT BEACH L ME B RS MINUTES 9 G� August 23, 1982 (e) Report from Board of Library Trustees regard- Library Bd ing CHANGE IN BY -LAWS /LIBRARY BOARD MEETINGS. Trstes B -Lws (24) 10. 19TH STREET /BANNING AVENUE BRIDGE OVER THE SANTA W /SAna Brdg ANA RIVER - Adopt a motion expressing official City (74) support for early implementation of the proposed project for extending 19th Street and Banning Avenue with a new bridge over the Santa Ana River. (Report from Public Works) 11. ACCEPTANCE OF STORAGE BUILDING AND ENGINE ROOM AT Big Canyon/ BIG CANYON RESERVOIR (C -2199) - Accept the work; Strg & Eng Rm and authorize the City Clerk to file a Notice of C -2199. Completion and release the bonds 35 days after (38) Notice of Completion has been filed. (Report from Public Works) 12. ACCEPTANCE OF MISCELLANEOUS PARKING LOT IMPROVE- MiscPkg Lot MENTS (C -2288) - Accept the work; and authorize the Impvms City Clerk to file a Notice.of Completion and C-2288 release the bonds 35 days after Notice of Comple- tion has been filed. (Report from Public Works) 13. APPROVE SUBDIVISION AGREEMENT (RESUB No. 683) - Guaranteeing completion of the public improvements required with Resubdivision No. 683; authorize the Mayor and City Clerk to execute said agreement; and accept the offer of dedication of easements for pedestrians and bicycles as shown on the subject map and accept the vehicular access rights to MacArthur Boulevard as released and relinquished. (Report from Public Works) 14. ENCROACHMENTS INTO 36TH STREET ADJACENT TO 3601 FINLEY AVENUE - Direct staff to revoke the existi: permit for an encroachment fence and gate in 36th Street; and to notify the current property owner remove the encroachments. (Report from Public Works) 15. APPROVE APPLICATION OF MR. W. A. RENNEKAMP - To construct a 3 -foot -high Timber Retaining Wall in the parkway at 3611 Ocean Boulevard, subject to the Applicant signing a license agreement for nonstandard improvements. (Report from Public Works) 16. ACQUISITION OF TEN FEET OF RIGHT -OF -WAY AT 3430 IRVINE AVENUE AND TWENTY FEET OF RIGHT -OF -WAY AT 3500 IRVINE AVENUE - Authorize the purchase of a ten - foot -wide strip of land at 3430 Irvine Avenue for street purposes for $13,000; authorize the purchase of twenty -foot -wide strip of land at 3500 Irvine Avenue for street purposes for $25,000; accept a grant deed from Phillip A. Stevens and Barbara A. Stevens for the partial taking of land at 3430 Irvine Avenue; and accept a grant deed from David Magllavy and Rods Magilavy for the partial taking of :Land at 3500 Irvine Avenue. (Report from Public Works) Volume 36 - 263 683/ hr B1 (84) Perm /Enchrm 36th /Finley (65) Perm /Enchrm Rennekamp (65) Prpty Acq/ Irvine Av (73) C UNCIL ME B RS sy s�A R()1 I ral e CITY OF NEWPORT BEACH A.­..* 11 1Oal MINUTES 3IR rcm -ty/ 3rw 17. ACCEPTANCE OF RESIGNATION OF PAULA GODFREY AS A EQ /CAC MEMBER FROM THE ENVIRONMENTAL QUALITY CITIZENS (24) ADVISORY COMMITTEE - Accept resignation with regret; and direct City Clerk to post vacancy notice. 18. "DRAFT POLICY FOR ENERGY CONSERVATION" report from Planning / Environmental Quality Citizens Advisory Committee - (68) Refer back to Committee for cost analysis to implement energy conservation. 19. BUDGET AMENDMENTS - For approval: (25) BA -016, $29,920.00 Increase in Budget Appropria- tions for traffic improvements to MacArthur /Campus and MacArthur /Jamboree intersections; Contribution Fund. BA -017, $160.00 Increase in Budget Appropriations for purchase of "carrel desk;" Libraries Fund. (See report with Agenda Item F -9(a)) G. ITEMS REMOVED FROM THE CONSENT CALENDAR: None. H. ORDINANCES FOR ADOPTION: 1. Ordinance No. 82 -18, being, Ord 82 -18 VehCd /Enf AN ORDINANCE OF THE CITY OF NEWPORT BEACH Npt Crest RESCINDING SECTION 12.66.040 OF THE NEWPORT (85) BEACH MUNICIPAL CODE REMOVING VEHICLE CODE ENFORCEMENT FROM PRIVATE STREETS IN NEWPORT . CREST, was presented for second reading. Report dated August 9, 1982, from Traffic Affairs Committee, was presented.. Motion All Ayes x Motion was made to adopt Ordinance No. 82 -18. I. CONTINUED BUSINESS: 1. Report from the City Attorney regarding request of SoCstRepe South Coast Repertory Board of Trustees' for CITY Artistic OF NEWPORT BEACH'S CONSIDERATION OF A $10.,000 (76) GRANT TO ENSURE THEIR CONTINUED ARTISTIC GROWTH, was presented. The City Clerk advised that after the printing of- the agenda, a letter was received from Ron Ochs, Vice- President of the Board of Trustees of South Coast Repertory, in support of their request. . The City.Manager reported that since the last City Council meeting, the Arts Commission, at their meeting of August 12, appointed a subcommittee to review this request and report back to the Com- mission on September 9. . Volume 36 - Page 264 3IR rcm -ty/ 3rw CITY OF NEWPORT BEACH C UNCIL MEMB RS MINUTES s ROLL CALI �� N August 23_ 19R2 - - UVULA In view of the foregoing, it was recommended this item be continued to the Council meeting of September 13. Harriette F. Witmer, 219 Evening Canyon Road, Vice President of Board of Trustees, South Coast Repertory, addressed the Council in support of their request. She stated she favored "partner- ships" to satisfy the need for community cultural growth through continued theatre arts programs. She urged the Council to join with the City of Costa Mesa and the County of Orange, and support their organization. Motion x Motion was made to continue the subject item to All Ayes September 13, as recommended by the Arts Commis- sion. 2. NEWPORT BEAUTIFICATION CITIZENS ADVISORY COMMITTEE: NB /CAC (24) Motion x Motion was made to defer (District 7) Council All Ayes Member Cox's appointment to September 13, to fill the unexpired term of Richard Foxx, ending Decem- ber 31, 1982. J. CURRENT BUSINESS: 1. Report from the Planning Department regarding PCA 576 action of the Planning Commission on August 5, (94) 1982, denying AMENDMENT N0. 576, and recommending that the Parks, Beaches and Recreation Commission be directed to initiate additional studies and prepare a plan for alternate land uses of the site, was presented. The City Clerk advised that after the printing of the Agenda a letter was received from Marina Park Homeowners Association withdrawing their request that an overlay zone be applied to Marina Park. Motion x Motion was made to direct the Parks, Beaches and Recreation Commission to initiate additional studies and prepare a plan for alternate uses of the subject site. It was suggested by Council Members that when such a plan_is prepared, it include the value of the property, the capital cost of setting up whatever may be proposed, and the ongoing annual mainte- nance cost for same. All Ayes The motion was voted on and carried. 2. ENVIRONMENTAL QUALITY CITIZENS ADVISORY COMMITTEE: EQ /CAC (24) Motion x Motion was made to accept the resignation of Judy All Ayes Cooper with regret, and to defer (District 6) Council Member Hummel's appointment to September 13, to fill her unexpired term ending December 31, • 1982. Volume 36 - Page 265 on Ayes Motion All Ayes Motion • Ayes Noes Motion x ix xlxlxl xfxlx CITY OF NEWPORT BEACH MINUTES August 23, 1982 3. BICYCLE TRAILS CITIZENS ADVISORY COMMITTEE: Motion was made to accept the resignation of Barbara Kimbrell with regret, and to confirm (District 1) Council Member Strauss' appointment of Frances Fatter to fill the unexpired term of Barbara Kimbrell ending December 31, 1982. Motion was made to accept the resignations of Robert A. Patterson, and Gary Schaumburg with regret, and to defer (District 3) Mayor Pro Tem Hart's appointments to September 13, to fill their unexpired terms ending December 31, 1982. 4. Report from the City Attorney and City Clerk Election/ regarding REFERENDUM ON RESOLUTION 82 -41 (GPA 81- GPA 81 -1 Ref 1), AND AUTHORIZING EITHER THE PRINTING OF THE (39) RESOLUTION OR A SYNOPSIS OF THE RESOLUTION, was presented. Council Member Maurer indicated he felt the elec- torate should receive Resolution No. 82 -41 in its entirety because of its importance, and therefore, motion was made to authorize the printing of the resolution in full. Council Member Strauss stated that, inasmuch as the resolution is 57 typewritten pages, (8'&1 x 11) and is "terribly oppressive" to look at and consider, in view of all other reading material included with the sample ballot such as candidate statements, ballot arguments for and against measures, etc., he thought the resolution would burden the voter and that it would be much better to summarize the contents of the resolution and let the electorate request the full resolution, if that is their desire. To print the resolution would be inefficient in his opinion. The motion to print the resolution in full was voted on and carried. 5. Memorandum from Council Member Hummel regarding U/P 822(A) CHURCH SITE DESIGNATIONS, was presented. St. Andrews (88) Council Member Maurer, member of the St. Andrews Church Ad -Hoc Committee, made a motion to refer the subject letter to said committee for review. It was noted that the public hearing on St. Andrews Church use permit had been continued to September 13, 1982. Council Member Hummel indicated that the purpose of his letter to the Council was to request addi- tional information from the staff which could be passed on to the church ad -hoc committee. He Volume 36 - Page 266 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES Rol I \r3 August 23, 1982 iunry stated it was his understanding that the Planning U/P 822(A), Department is considering a planned - community St.. Andrews development for the use of the Castaways property, and he does not know if a church site is being provided in that development. It was indicated by the City Attorney that, inasmuch as the Sit. Andrews Church application was still pending., the land -use issue referred to by Council Member Hummel should be considered sepa- rately from the church. Motion x Following comments, substitute motion was made by Council Member Hummel to direct the Planning Department to report back on the procedures available to designate a church site on the Casta- ways property after a determination has been made by the Council on the application of St. Andrews Church. In response to Council inquiry, the Planning Director advised that his staff was presently working with The.Irvine Company on the preparation of a planned - community development plan and the environmental documentation for the Castaways site. To date, nothing has been completed and no public hearing has been scheduled. Motion x Following discussion, substitute motion was made Ayes x x x to table the subject item, which motion FAILED. �s x x x x Ayes x The substitute motion made by Council Member Noes x x x x x Hummel, as set forth in the foregoing, was voted Abstain x on and FAILED. Ayes x x x x x The original motion made by Council Member Maurer, Noes x as set forth in the foregoing, was voted on and Abstain x carried. K. Additional Business: None. The meeting was adjourned at 9:10 p.m. AV Mayor ATTEST: City Clerk Volume 36 - Page 267