HomeMy WebLinkAbout06/13/1983 - Regular Meeting• a ail -
COUNCIL MEMBERS
\A! o � REGULAR COUNCIL MEETING
�L PLACE: Council Chambers
TIME: 7:30 P.M.
ROLL �� Q StT DATE: June 13, 1983
MINUTES
19unry
Present
x
x
x
x
x
x
A. ROLL CALL.
Absent
x
n
x
B. The reading of the Minutes of the Meeting of
1*
X
x
x
x
x
May 23, 1983 was waived, approved as written
Abstain
x
and 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.
SPECIAL PRESENTATION:
Verbal presentation of report and findings on the
CANNERY VILLAGE /MCFADDEN SQUARE AREA was presented
by the American Institute of Architects
Rural /Urban Design Assistance Team (R /UDAT).
William G. Conway, R /UDAT Team Chairman, addressed
the Council and stated that the Urban Planning and
Design Committee of the American Institute of
Architects has been sending Urban Design
Assistance Teams to various American cities since
1967. The Newport Beach Team is the 85th such
team to deal with environmental and urban problems
which range in scale from a region to a small
town, and in type from recreational areas to
public policy and implementation methods.
Mr. Conway stated that their four -day visit was a
labor- intensive process in which the members
quickly assimilated facts; evaluated the existing
situation; and arrived at a plan of action. The
format of the visit consisted of air and
automobile tours to determine the visual situation
firsthand; community meetings and interviews to
generate user input to build community support;
and finally, the presentation of recommendations
to the community.
Jacqueline Claire Vischer, R /UDAT Team Member,
narrated a slide presentation, which gave an
overview of the study areas which were:
1) Remote Parking
2) Cannery Village
3) Mix Master
4) McFadden Square
Mr. Conway discussed the observations of the
citizenry, the Steering Committee and the R /UDAT
Team, and the final recommendations as a result of
the studies. He remarked on the types of
improvements that could be made, should the
recommendations be implemented.
Members of the R /UDAT Team discussed the afore-
mentioned four study areas of concern, and the
recommended alternatives as enumerated in their
report.
Volume 37 - Page 178
COUNCIL MEMBERS
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June 13, 1983
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In conclusion, Mr. Conway discussed revenues which
they felt could be generated as a result of
implementing the recommendations.
Mr. Conway thanked members of the staff, Steering
Committee and City Council for the assistance
given them during the study.
Mayor Hart expressed appreciation to the R /UDAT
Team and presented each member with a
proclamation.
D. HEARINGS:
1. Mayor Hart opened the public hearing and City
U/P 3037
Council review of a TRAFFIC STUDY the
Douglas
TENTATIVE MAP OF TRACT NO. 11935, and USE
Allred
PERMIT NO. 3037, applications of THE DOUGLAS
Devl Co
ALLRED DEVELOPMENT COMPANY, San Diego, to
(88)
subdivide a 3.67 acre parcel of land for the
construction of a fifty unit residential
Tfk Stdy
condominium development and related garage
structures, and a private recreational area.
TMap /Tr
The proposal also includes a modification to
11935
the Zoning Code so as to allow a portion of
one open parking space to encroach into the
twenty foot front yard setback area, and the
acceptance of an environmental document.
Property located at 2700 Pacific View Drive,
on the easterly corner of San Miguel Drive
and Pacific View Drive, across Pacific View
Drive from the Harbor View Center; zoned
R -3 -B. Pacific View Drive. Impact Report and
supporting documents.
Report from the Planning Department, was
presented.
The City Clerk reported that after the
printing of the agenda, a letter was received
from Canyon Crest Estates Homeowners
Association, recommending certain conditions
of approval for the subject development.
The City Manager advised that the staff was
proposing two additional conditions of
approval as follows:
"32. Prior to issuance of any building
permits authorized by the approval of
this project, the applicant shall
deposit with the City Finance Director
the sum proportional to the percentage
of future additional traffic related to
the project in the subject area, to be
used for the construction of a sound
attenuation barrier on Jamboree Road in
the Eastbluff area and East Coast
Highway in the Irvine Terrace area."
Volume 37 - Page 179
CITY OF NEWPORT REACH
COUNCIL MEMBERS
\A1 ®¢�yi\\&P June 13, 1983
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Also, that language be added to Condition No.
U/P 3037
25 to require;
.
"That landscaped screening between the
projects be provided to the satisfaction
of the Planning Director in accordance
with the plan which has been agreed to
by the developer."
Douglas Allred, Developer, addressed the
Council and briefly described the project.
He advised that he agreed with the
recommendations of the Planning Commission,
and has also responded to the concerns.of the
Canyon Crest Estates Homeowners Association.
A landscaped concept plan for the townhomes
was exhibited and explained by Mr. Allred.
with respect to Condition No. 32, Mr. Allred
commented that they are already making a
significant contribution by virtue of the
fees for the park and the stop light to be at
Pacific View and San Miguel. He indicated
that they would accept the condition, but it
would impact the cost of the housing.
Irving Selden, President, Canyon Crest
Estates Homeowners Association, addressed the
Council and stated that as a result of recent
meetings with the developer, they are now in
support of the project.
Richard Nichols, President, Corona del Mar
Community Association, addressed the Council
regarding the Park Dedication Ordinance. He
indicated he felt there were inadequacies
with respect to the value of park land for
dedication purposes which should be
considered. He stated he would discuss the
ordinance further when considered later in
the meeting.
Hearing no others wishing to address the.
Council, the public hearing was closed.
Motion
x
Motion was made to sustain the
recommendations of the Planning Commission;
and:
Accept, approve and certify the Final
EIR as indicated in Attachment A;
Make the Findings contained in the
Statement: of Facts (Attachment A,
Exhibit 1) with respect to significant
impacts identified in the Final EIR;
Volume 37 - Page 180
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COUNCIL MEMBERS
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June 13, 1983
MINUTES
INDEX
Find that the facts set forth in the
U/P 3037
Statement of Overriding Considerations
(Attachment A, Exhibit 2) are true and
.
are supported by substantial evidence in
the record, including the Final EIR;
With respect to the project, find that
although the Final EIR identifies
certain unavoidable significant
environmental effects that will result
if the project is approved, those
mitigation measures identified in the
Certified Final EIR shall be
incorporated into the proposed project,
and all significant environmental_
effects that can feasibly be mitigated
or avoided have been eliminated or
reduced to an acceptable level, and that
the remaining unavoidable significant
effects, when balanced against the facts
set forth in said Statement of
Overriding Considerations (Attachment A,
Exhibit 2), giving greater weight to the
unavoidable environmental effects, are
acceptable;
Sustain the recommendations of the
Planning Commission with respect to the
Traffic Study;
Approve the Tentative Map of Tract No.
11935 with the Findings and subject to
the Conditions as recommended by the
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Planning Commission; and
Sustain the Action of the Planning
Commission and approve Use Permit No.
3037 with the Findings and subject to
the Conditions as recommended; and
include the additional language to
Condition-No. 25, regarding landscaped
screening, as set forth in the
foregoing (referenced by letter from
Canyon Crest Estates Homeowners
Association, dated June 8, 1983).
In response to question raised by Council
Member Strauss regarding the cost for the
sound wall, the City Manager replied that the
Jamboree Road noise barrier was estimated at
$4,215, and with 50 units proposed, the cost
would be less than $100 per unit. The Irvine
Terrace sound wall is estimated at $5,000.
It was further noted that the requirement for
a sound attenuation wall for a development of
this size was a standard recommended
condition of approval.
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Volume 37 - Page 181
COUNCIL. MEMBERS
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MINUTES
INDEX
Motion
x
In view of the foregoing, Council Member
U/P 3037
Strauss made a motion to include Condition
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No. 32 in approving the project.
Ayes
x
x
x
x
The motion, as amended, was voted on and
Noes
x
x
carried.
2. Mayor Hart opened the public hearing and City
U/P 1717(A)
Council review of an appeal by BARRETT
Barrett Saln
SALOON & RESTAURANT, INC. (DBA, E. GADS) from
& Restaurant
the recommendation of denial by the Planning
(88)
Commission on May 5, 1983, regarding a
request to amend a previously- approved use
permit (USE PERMIT NO. 1717 AMENDED) to allow
dancing in conjunction with a restaurant
facility with on -sale alcoholic beverages and
live entertainment in the McFadden Building
on McFadden Square in the C -1 District.
Property located at 2100 West Ocean Front, on
the northwesterly corner of West Ocean Front
and McFadden Place.
Report from the Planning Department.
The City Clerk advised that after the
printing of the agenda, a letter was received
from Brad Barrett, President, regarding their
request.
James Parker, Attorney representing E. Gads,
addressed the Council and spoke in support of
the request for dancing. He stated that as
set forth in Mr. Barrett's letter of June 10,
1983, they intend to keep the windows shut
after 8 p.m. when dancing begins to prevent
excess noise in the street. In addition,
they have no objections to the City reviewing
their permit in a year's time.
Mr. Parker requested that the Council give
consideration to relieving the applicant of
the condition for in -lieu parking fees. He
stated that dancing does not begin until 8
p.m., and therefore, he did not feel the
requirement was necessary.
John Shay, 2214 Ocean Front, addressed the
Council and stated that he was not opposed to
dancing, but the noise that would be
generated from the activity.
Hearing no others wishing to address the
Council, the public hearing was closed.
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Volume 37 '- Page 182
Motion
x
Motion was made to overrule the
All Ayes
recommendation of the Planning Commission,
based on the Findings and Conditions
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designated as Exhibit "A" in the staff
report, with the provision that the windows
remain closed during hours of music, and that
the Use Permit be reviewed at the end of 30
days.
3. Mayor Hart opened the public hearing
Ord 83 -22
regarding ORDINANCE NO. 83 -22, being,
Subdivisi
Park Dedc
AN ORDINANCE OF THE CITY OF NEWPORT
(62/84)
BEACH AMENDING THE PROVISIONS OF
CHAPTER 19.50 PERTAINING TO PARK
DEDICATION.
The proposed change will affect property in
the City of Newport Beach, County of Orange,
California. The project consists of minor
administrative changes to said Chapter of the
Newport Beach Municipal Code to bring it into
compliance with recent State Legislation. A
Negative Declaration has been prepared by the
City of Newport Beach, and it is the present
intention of the City to accept the Negative
Declaration and supporting documents.
Report from the City Attorney, dated May 17,
1983, was presented.
Memorandum from the Parks, Beaches and
.
Recreation Commission, was presented.
The City Clerk reported that after the
printing of the agenda, a letter was received
from SPON relative to adoption of the subject
ordinance, and suggesting the item be
continued until specific issues of the
ordinance can be fairly determined.
Richard Nichols, President of the Corona del
Mar Community Association, addressed the
Council and submitted a letter which he read
into the record, dated June 13, 1983,
regarding the Park Dedication Ordinance.
Hearing no others wishing to address the
Council, the public hearing was closed.
In response to Council inquiry, the City
Attorney advised that the proposed ordinance
allows the Council (sometime in the future)
to make a determination as to the amount of
neighborhood and community park areas that
existed within the City, as shown on the
records and maps of the City since 1980. It
is his initial opinion that beaches and
recreational areas do comply and do
constitute parks within the definition of the
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park dedication ordinance.
Volume 37 - Page 183
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CITY OF NEWPORT BEACH
C0UNCIL MEMBERS MINUTES
\Ai o10k < ,A 0� June 13, 1983
ani i INDEX
With respect to the method of valuing park
Ord 83 -22
land, the City Attorney stated that the
Subdiv /Part
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current ordinance indicates that the land is
Dedctn
to be valued on the basis of not being used
for park purposes. The proposed ordinance
suggests the land should be assessed on the
basis of highest and best use. In addition,
he advised that the City is empowered to
acquire dedication during the subdivision
process, only to the extent authorized by
State Law.
Motion
x
Motion was made to adopt Ordinance No. 83 -22.
In response to further questions, the City
Attorney remarked that there is a provision
now in the Subdivision Map Act pertaining to
park dedication that requires the City to
give credit for private open space within
certain specified developments, if the City
Council makes the determination that that
private open space is useable for active
recreational purposes. The current ordinance
provides that no credit will be given for
private open space.
Discussion ensued with respect to the letter
from SPON mentioned earlier; the method of
valuing land; and Section 19.50.070 - Amount
of fee in lieu of land dedication.
In conclusion, the City Attorney advised that
it was his intent not to change the procedure
the City is currently using in valuing land
for purposes of in -lieu fees.
Ayes
x
x
x
x
x
The motion was voted on and carried.
Noes
x
4. Mayor Hart opened the public hearing
Prelim Bdg
regarding PRELIMINARY BUDGET FOR FISCAL YEAR
Fscl Yr
1983 -84;
83 -84
(25)
AND
PROPOSED EXPENDITURES FROM THE FEDERAL
Fed Rev Sh
REVENUE SHARING FUNDS FOR FISCAL YEAR
Fnds Fscl
1983 -84.
83 -84
Reports from the City Manager regarding the
1983 -84 Budget Checklist, and Public Works
Department regarding Personnel Requests, were
presented.
Volume 37 - Page 184
MINUTES
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Barbara Cope, representing the Board of
Prelim Bd
Directors of Center for Creative
83 -84
•
Alternatives, Costa Mesa, addressed the
Council and requested $10,000 of Revenue
Fed Rev S`
Sharing Funds to be used for their drug
83 -84
abuse /alcohol rehabilitation program.
The following persons addressed the Council
in support of the Center's request:
Sharon Ann Wilson, Costa Mesa (attends
the Center)
Nancy Clark, Corona del Mar (employee of
Public Defender's office)
John Debcoe, Corona del Mar (Criminal
Investigator with Public Defender's
office)
Linda Mitchell, Costa Mesa (attends the
Center.)
Irene Suldona, Costa Mesa (attends the
Center)
Joy Pope, Costa Mesa (daughter attends
the Center)
The City Manager advised that the City does
utilize a number of public agencies for
certain types of police cases, and is
currently under contract with the Assessmemt
Treatment and Service Center.
There being no objections, the request of the
Center for Creative Alternatives was placed
.
on the Budget Checklist for further
consideration.
The 1983 -84 Budget Checklist was presented
and the following actions were taken:
A. Data Processing:
Ayes
x
x
1) 0801 Documentation Analyst $20,760
Noes
x
x
x
x
2) 0851 Health & Life Ins. 1,300
3) 0853 Retirement 3,000
B. Nondepartmental:
All Ayes
1) 1441 NOISE Dues 750
2) 1441 NOISE Conference 800
C. Public Works - Adm. & Engr.
Ayes
x
x
1) 3001 Assistant Civil Engr. 27,450
Noes
x
x
x
x
Ayes
x
2) 3001 Public Works Inspector 23,140
Noes
X
x
x
x
x
Ayes
x
x
x
x
x
3) 3001 Engineering Aide I 19,510
Noes
x
Volume 37 - Page 185
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MINUTES
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In view of the foregoing approval, $1,030 was
Prelim Bdg .
included in the 1983 -84 budget for Health &
83 -84
Life Insurance, and $2,820 was allocated for
retirement for said position.
Fed Rev S1,
83 -84
D. Libraries:
Ayes
x
x
x
x
x
1) 7040 Library Books 25,000
Noes
x
E. Parks, Beaches & Recreation Fund:
Ayes
x
x
x
x
1) Newport B1. Median from
Noes
x
x
Hospital Road to
Industrial Way 90,000
F. Building Excise Tax Fund:
All Ayes
1) Refrigerator for Fire Dept. 800
G. Building Excise Tax Fund:
1) Landscaping & Parking
All Ayes
Facility on P/E
Right -of -Way land 95,000
H. Revenue Sharing Fund:
Ayes
x
x
1) Request by Center for
Noes
x
x
x
x
Creative Alternatives 10,000
The City Manager advised that as a result of
the foregoing actions, adopting resolutions
will be prepared for placement on the June 27
agenda.
JE.
PUBLIC COMMENTS:
1. Jim Wood, President of Corona del Mar Chamber
Police Dep
of Commerce, addressed the Council and
commented on actions which he has observed
with respect to the Newport Beach Police
Department. He related one incident which
occured over the past weekend, stating he
felt the entire episode was unnecessary on
the part of the Police Department. He
indicated there were other instances as:
well. He offered to work with City staff on
this issue, and also suggested the Council
consider enacting a Police Commission.
Mayor Hart requested Mr. Wood contact her
office to discuss his concerns further.
Council Member Strauss commented that he also
has received some complaints regarding the
Police Department which he has discussed with
the City Manager. He stated that possibly
the Council should give some thought to
reviewing the situation.
Volume 37 - Page 186
COUNCIL MEMBERS
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Motion
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June 13, 1983
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F. CONSENT CALENDAR:
X
The following actions were taken as indicated,
s
except for those items removed.
1. ORDINANCES FOR INTRODUCTION: None.
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 83 -53 requesting the
CalTrans 3
California State Department of
Parcel
Transportation to retain access rights
Res 83 -53
to Pacific Coast Highway regarding sale
(28)
of CalTrans East Parcel. (Report from
the City Manager)
(b) Resolution No. 83 -54 implementing Salary
Police As
and Benefit Increases for Employees who
M -O -U
are Members of the Newport Beach Police
Res 83 -54
Employees Association (NBPEA). (Report
C -2056
from Personnel)
(38)
3. CONTRACTS /AGREEMENTS:
(a) Authorize the Mayor and City Clerk to
Off -Site
accept an OFF -SITE PARKING AGREEMENT
U/P 2051
WITH GORDON BARIENBROCK, Newport Beach,
Gordon
for a portion of the required parking
Barienbr
spaces to be provided at existing
C -2399
parking lots located behind the Mariners
(38)
Mile Building at 2700 West Coast Highway
and the Pacifica Marine property located
at 2751 West Coast Highway, Newport
Beach (USE PERMIT NO. 2051). (Report
from the Planning Department)
(b) Authorize the City Manager to execute
Rec &Open
Contract No. 2367 with Planning Center
Element
for revision to Recreation and Open
C -2367
Space Element.
(38)
(c) Authorize the Mayor and City Clerk to
Rev Shar
execute the Agreement with the County of
Oasis Sh
Orange utilizing $8,700 in Revenue
Cts
Sharing for construction of the OASIS
C -2400
CENTER SHUFFLEBOARD COURTS. (Report
(38)
from Parks, Beaches and Recreation
Director)
(d) Award Contract No. 2349 to WARVI
Impv @ Th
Construction, Inc., in the amount of
Arts Ctr
$109,883 for the base bid, plus additive
C -2349
bid items No. 3 and 4 for IMPROVEMENTS
(38)
AT THE THEATRE ARTS CENTER; authorize
the Mayor and the City Clerk to execute
said contract; and approve the request
by the apparent low bidder, SPEC
Builders of Laguna Hills, that their bid
be withdrawn because of clerical errors
made in preparing the bid. (Report from
Public Works)
Volume 37 - Page 187
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June 13, 1983
ROLL CAL
MINUTES
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(e) Removed from the Consent Calendar.
(f) Award Contract No. 2119 to the Griffith
Superior Av
.
Company for $929,197.33 for SUPERIOR
Realgnmt @PCH
AVENUE REALIGNMENT AT COAST HIGHWAY, and
C -2119
authorize the Mayor and City Clerk to
(38)
execute said contract. (Report from
Public Works)
4. COMMUNICATIONS - For referral as indicated:
(a) To Council for consideration, mailgram
Legislation
regarding the National Legislative "Fan
(48)
Out" Network established by the U.S.
Conference of Mayors to coordinate
lobbying on Senate Bill 66 (Goldwater)
relative to cable communications.
(b) To Pending Legislation and Procedural
Legislation
Ethics Committee, Senate Joint
(48)
Resolution 23 (SJR -23) in support of an
aggressive beam weapons development
program for the U.S.
(c) To Utilities Department for reply,
Utlties /Oil
letter from H. E. Whitmire regarding his
(89)
oil service proposal.
(d) To staff for reply, letter of complaint
O/C J Wayne
from Katherine W. Jorgensen alleging
Airport
limited citizen participation regarding
(54)
John Wayne Airport at the City Council
.
meeting of May 23, 1983. (Attached)
(e) To Public Works for inclusion in the
PCH Wideng
records, letters from Donald Haskell,
(74)
and Leonard Horwin regarding Pacific
Coast Highway Widening. (Attached)
(f) To Public Works for reply, followup
PW /Back Bay
letter from Mike Snyder regarding
(74)
earlier inquiry on Back Bay cleanup.
(Attached)
(g) To staff for response, letter from Kandi
Cameo Shrs/
Wilks concerning possibility that Cameo
Shore Clffs
Shores /Shore Cliffs third beach could
(76)
become a public beach with access
through Cameo Shores. (Attached)
(h) To Utilities Department for response,
Str Lghtng
letter from Marilyn Taylor concerned
(89)
about the alleged lack of street
lighting between Ford Road and San
Joaquin Hills Road. (Attached)
(i) To Planning Department for inclusion in
Fun Zone
the records, letters of concern from
(68)
Kristy Crowell and John Keating
regarding the removal of the "Fun Zone."
(Attached)
Volume 37 - Page 188
CITY OF NEWPORT REACH
COUNCIL MEMBERS
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MINUTES
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(j) To City Clerk for notification, request
0/0 Houst
to reappoint /newly appoint one
Cmsn Appi
representative and one alternate to
(61)
.
serve on the Advisory Committee of the
Orange County Housing Commission. (Note:
Confirm reappointment of Barnett Larks
as City Representative and Judy Clark,
City Librarian as Alternate)
5. COMMUNICATION'S - For referral to the City
Clerk for inclusion in the records:
(a) Minutes of the Orange County Local
Agency Formation Commission of May 11;
Preliminary Agendas for June 8 and 22,
1983; and copy of LAFCO Resolution,
dated May 11, 1983, reaffirming the City
of Costa Mesa's Sphere of Influence.
6. CLAIMS FOR DAMAGES - For denial and
(36)
confirmation of the City Clerk's referral to
the claims adjuster:
(a) Henry C. Abrams alleging property damage
Abrams
to his vehicle tire as result of water
valve laid in street by City or private
contractor on 3806 River Avenue between
May 1 and May 19, 1983.
(b) H. Samuel Addis for property damage
Addis
alleging sand in toilet and kitchen sink
faucet caused by work on water lines by
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Utility Department on May 19, 1983, at
3812 River Avenue.
(c) Alan V. Andrews alleging property damage
Andrews
to roof and rear door as a result of
tree limb falling on vehicle parked at
500 Narcissus on May 18, 1983.
(d) Anton J. Boetto alleging vehicle hood
Boetto
dented from ball as a result of City
park league on May 17, 1983 on St.
Andrews Road.
(e) C. Michael Carson and Christine A.
Carson
Carson alleging property damage to van
as a result of tree limb hanging too low
into street at 108 Emerald Avenue,
Balboa Island on March 29, 1983.
(f) Removed from the Consent Calendar.
(g) Kathryn Ann Getzinger alleging property
Getzingt
damage to vehicle bumper by edger being
used by City employee while mowing grass
at roadside park near intersection of
Cliff Drive and Irvine Boulevard,
adjacent to City building on May 10,
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1983.
Volume 37 - Page 189
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(h) J. R. Horton Construction Co. alleging
Horton Co
property damage as a result of heavy
rain storm at 3611 Ocean Boulevard,
Corona del Mar, on March 2, 1983.
(i) Stacy L. Jarboe alleging personal
Jarboe
injuries and property damage as a result
of being rear -ended by City vehicle in
the vicinity of Pacific Coast Highway
(Eastbound), on May 10, 1983.
(j) Sharon J. Baker Kimmel alleging property
Kimmel
damage to vehicle while parked by City
truck at Park Avenue, west of Emerald on
Balboa Island on May 5, 1983.
(k) Laura Lane Kitajchuk alleging personal
Kitajchul
injuries and property damage as a result
of collision with Police vehicle on
Pacific Coast Highway at Irvine Terrace
on May 29, 1983.
(1) William A. Rennekamp alleging storm
Rennekaml
drain damage as a result of recent rains
at 3611 Ocean Boulevard, Corona del Mar
on March 2, 1983.
(m) Elizabeth Gayle Rotell alleging false
Rotell
arrest, false imprisonment, assault and
battery by City Police Department near
intersection of Balboa Boulevard and
River Avenue on February 8, 1983.
.
(n) Kenneth Sands for reimbursement of mower
Sands
catcher allegedly picked up in error by
City Refuse crew at 637 St. James Road
on May 1.7, 1983.
1
(o) Paul Shapiro alleging property damage as
Shapiro
a result of work done by Utility
Department crew at 3804 River Avenue on
May 18, 1983.
(p) Leonard J. South alleging property
South
damage as a result of flood control
drains being too small at 500 Dahlia
Avenue, Corona del Mar on March 1 and 3,
1983.
(q) Richard B. Thomas alleging property
Thomas
damage as a result of excessive drainage
water lifting the lid of an interceptor
box allowing water to rush along side of
parking lot eroding the dirt and portion
of bluff behind rear of property,
thereby knocking over portion of fence
at 2244 West Coast Highway on March 1,
1983.
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Volume 37 - Page 190
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
June 13, 1983
®n6 6 MAJ
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7. SUMMONS AND COMPLAINTS - For denial and (36)
confirmation of the City Clerk's referral to
.
the claims adjuster:
(a) Gary Granman for assault and battery, Granman
negligence, and personal injury, Orange
County Superior Court, Case No.
40- 19 -36. Claim was denied by City
Council on October 25, 1982.
(b) Cody Maya -sich for personal injuries, Mayasic
Orange County Superior Court, Case No.
40- 31 -68. Claim was denied by City
Council on December 13, 1982.
8. REQUEST TO FILL PERSONNEL VACANCIES - (Report (66)
from the City Manager)
(a) One Groundsman- Gardner I, Parks, Beaches
and Recreation Department.
(b) One Recreation Superintendent, Parks,
Beaches and Recreation Department.
9. STAFF AND COMMISSION REPORTS:
For Council information and filing:
(a) Report from Finance Director regarding City F
INCREASE OF VARIOUS CITY FEES. (40)
For Council information and approval:
•
(b) Report from Building Director regarding Cherry
CHERRY LAKE DREDGING. Dredgi
(26)
10. PUBLIC HEARING SCHEDULING - June 27, 1983:
(a) PREFERRED ALTERNATIVES TO BE INCLUDED IN EIR St
THE FINAL ENVIRONMENTAL IMPACT STATEMENT Rte 55
FOR ROUTE 55 FROM ROUTE 1 TO ROUTE 73. (74)
(Report from Public Works)
(b) PREFERRED ALTERNATIVES TO BE INCLUDED IN EIR St
THE FINAL ENVIRONMENTAL IMPACT STATEMENT PCH Rt
FOR THE PACIFIC COAST HIGHWAY (ROUTE 1) (74)
IMPROVEMENT PROJECT FROM MACARTHUR
BOULEVARD (ROUTE 73) TO NEWPORT
BOULEVARD (ROUTE 55). (Report from
Public Works)
11. ACCEPTANCE OF IMPROVEMENTS IN TRACT NO. 11451 Tr 11�
- Accept public improvements constructed in
conjunction with Tract No. 11451 (a portion
of Tentative Tract No. 10391, generally
bounded by Bison Avenue, Jamboree Road and
MacArthur Boulevard in the Aeronutronic Ford
Planned Community); and authorize the City
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June 13, 1983
MINUTES
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recommendation for approval of request for (65)
use of park; but denial of request to serve
alcoholic beverages on City property.
(Report from Parks, Beaches and Recreation
Director)
16. HARBOR PERMIT APPLICATION - Approve Harbor Hrbr Pe'.
Permit Application 105 -2307 by Jim Bridges, Bridges,
Gardner Grout, Chuck Missler and Merle Tracy Missler,
to revise the pier and float bayward of their (51)
residences at 2307, 2315, 2319 and 2323
Bayside Drive, subject to the conditions of
approval listed in the staff report. (Report
from Marine Department)
17. BUDGET AMENDMENTS - For approval; Budget
(25)
BA -087, $250.00 - Transfer of Budget
Appropriations for 5- drawer filing cabinet
for use in vault; City Clerk- Office Equipment
Fund.
BA -088. $32,326.25 - Increase in Budget
Appropriations and Increase in Revenue
Estimates for Costa Mesa Sanitary District's
portion of Superior Avenue Realignment;
Contribution Fund.
Volume 37 - Page 192
31
M
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Grout
Tracy
Clerk to release the Faithful Performance
Bond (No. 102879) and Labor and Material Bond
(No. 102879 -A) in six months, provided no
claims have been filed. (Report from Public
Works)
12. RESUBDIVISION NO. 731 - Approve a Subdivision R
Resub 7.
Agreement guaranteeing completion of the (
(84)
public improvements required with
Resubdivision No. 731 (Parcels 3 and 4 of
Parcel Map 114 -22 -25 (Resubdivision No. 570).
generally bounded by MacArthur Boulevard,
Jamboree Road, Birch Street, and Von Karman
Avenue, within the Koll Center Planned
Community); and authorize the Mayor and City
Clerk to execute said agreement. (Report
from Public Works)
13. CONVERSION OF PUBLIC STREETS TO PRIVATE T
Tr 10151
STREETS WITHIN TRACT NO. 10151 - Approve, in
concept, the conversion of the public streets
(Windsor, Hillsborough and Belmont) to
private streets; and authorize the Public
Works Department to work with the community
association toward vacating the streets for
the conversion. (Report from Public Works)
14. Removed from the Consent Calendar.
15. REQUEST OF COMMITTEE OF 4000 FOR SPECIAL P
Permits
EVENTS PERMIT ON JULY 10 - Uphold staff's C
Cmte of
31
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Grout
Tracy
COUNCIL MEMBERS
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Motion
All Ayes
Motion
All Ayes
0
June 13, 1983
MINUTES
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C. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from Public Works regarding
Balboa Bl
Award Contract No. 2369 to Ryco Construction,
Med Mod
Inc., for $32,800.00 and authorize the Mayor
C -2369
and the City Clerk to execute said contract
(38)
regarding BALBOA BOULEVARD MEDIAN
MODIFICATIONS FROM 33RD STREET TO 44TH
STREET, was presented.
Sam Osadche, 3609 W. Balboa Boulevard,
addressed the Council and requested the
project be shelved for the time being,
pending a better plan. He stated he felt
trees were a necessary part of the community
and to remove them would be an injustice
without due cause. He stated that the trees
added beauty to the area and enhanced the
neighborhood.
In conclusion, Mr. Osadche suggested the City
monitor the speed limit; increase the number of
warning signs; paint -out the trees and
outline the curb areas in white; and remove
only the trees that are really hazardous and
causing the problems.
x
Following discussion, motion was made to
continue this item to June 27, 1983.
2. Claim by Susan S. Cuse, dba Newport Beach
Cuse /NPB
Arts Center, alleging flood damage due to
Art Ctr
runoff of surface water from adjacent City
(36)
parking lot at 2400 W. Pacific Coast Highway
on March 1, 1983, was presented.
x
Motion was made to deny the claim and confirm
the City Clerk's referral to the claims
adjuster, and direct the staff to report back
on what action is being taken to correct the
situation.
3. REQUEST OF MS. BEVERLY CLARK TO CONSTRUCT
Sidewalks
RETAINING WALLS, PLANTERS, SIDEWALK, STEPS, A
(80)
BENCH, A SAND PIT, AND LANDSCAPING IN PUBLIC
RIGHT -OF -WAY ADJACENT TO 3631 OCEAN
BOULEVARD, CORONA DEL MAR - Referral to Parks,
Beaches and Recreation Commission for report
back and recommendation, with report from
Public Works, was presented.
Robert Borthwick, Landscape Architect
representing the applicant, addressed the
Council in support of the request to
construct improvements in the public
right -of -way. He urged the Council to act on
the request at this time, rather than refer
it to the.Parks, Beaches and Recreation
Commission as recommended, because of the
time factor involved.
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COUNCIL MEMBERS
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Motion
All Ayes
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Motion
All Ayes
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MINUTES
June 13, 1983
(24)
Balboa Bay
'lb Ad Hoc
(24)
Res 83 -55
Jt CC /PC /PBR
Ad Hoc
x
Following discussion, motion was made to
refer the request to the Parks, Beaches and
Recreation Commission for report back on July
11, 1983.
H. ORDINANCES FOR ADOPTION: None.
I. CONTINUED BUSINESS: None.
J. CURRENT BUSINESS:
1. NOMINATIONS TO BOARDS AND COMMISSIONS FROM
APPOINTMENTS COMMITTEE (for appointment on
June 27, 1983), were announced by Chairman,
Mayor Pro Tem Maurer:
Board of Library Trustees
Marcia Fouladi or Gordon Glass
Karen Evarts or Betty Sprang
City Arts Commission
Jennifer Woodward or Ervin Pashley
Molly Lynch or Phyllis Kaliher
Bunny Crosson or Susan Spiritus
Civil Service Board
Norm Loars or Donald Preston
Parks, Beaches and Recreation Commission
Barbara de Boom or Barbara Cope
Earle King or Debbie Gray
(The following nominations
to fill unexpired term of
Roger Morin)
Diana Springer or Mary Petropoulos
Planning Commission
John Kurlander or Greg Boston
James Person or Jan Debay
2. Proposed resolution creating a City Council
Balboa Bay Club Ad Hoc Committee, was
presented.
x
Motion was made to adopt Resolution No.
83 -55, and appoint Council Member John Cox
and Mayor Pro Tem Philip Maurer to serve on
subject committee.
3. Proposed resolution creating a Joint City
Council /Planning Commission /Parks, Beaches
and Recreation Commission Ad Hoc Committee to
Volume 37 - Page 194
(24)
Balboa Bay
'lb Ad Hoc
(24)
Res 83 -55
Jt CC /PC /PBR
Ad Hoc
COUNCIL MEMBERS
\CAL\L ROLL 9A
June 13, 1983
p S
MINUTES
INDEX
review, monitor and provide input to the
consultant on REVISIONS TO THE RECREATION AND
OPEN SPACE ELEMENT OF THE GENERAL PLAN OF THE
CITY OF NEWPORT BEACH, with report from
Planning Department, was presented.
Motion
x
Motion was made to adopt Resolution No.
Res 83 -56
All Ayes
83 -56, and appoint Council Member Jacqueline
Heather, Chairman, and Council Member Bill
Agee to represent the City Council;
Commissioners Jerry King and David Goff to
represent the Planning Commission; and
Commissioners Robert Hopkins and Bruce Stuart
to represent the Parks, Beaches and
Recreation Commission.
K. ADDITIONAL BUSINESS:
Motion
x
1. Mayor Hart advised that Council Member Agee
Resub 750
All Ayes
had requested the Council schedule public
hearing for Resubdivision No. 750 (2305
Pacific Avenue), and therefore, motion was
made to schedule the public hearing on June
27, 1983.
The meeting adjourned at 11:30 p.m.
intl Y r
ATTEST:
41tv Clerk
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