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HomeMy WebLinkAbout07/09/1984 - Regular MeetingPi OM Present x x x x x x Absent x M& x A yes Motion x All Ayes Motion 10 ea Motion All Ayes 0 X x MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: July 9, 1984 A. ROLL CALL. B. The reading of the Minutes of the Meeting of June 25, 1984, was waived, approved as written, and ordered filed. C. The reading in full of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Hart opened the public hearing Utilities/ regarding PROPOSED UNDERGROUND UTILITIES Undergr -D#9 DISTRICT NO. 9 (along Superior Avenue (89) from 15th Street northerly to the City boundary). Report from Public Works Department, was presented. The City Manager noted that the proposed project is estimated to cost $250,800 which will be split three ways, as set forth in the staff report. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Resolution No. 84 -75 establishing Underground Utility District No. 9 and ordering the removal of poles, overhead wires and associated overhead structures and.the underground installation of wires and facilities for supplying electric, communication or similar or associated service within that area of the City located within said district. E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION: None. Volume. 38 - Page 217 Res 84 -75 • • • July 9, 1984 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 84 -76 establishing the salaries of Temporary and Seasonal Classes for the 1984 -1985 Fiscal Year and amending the Classification and Compensation Plan to reflect said changes and rescinding Resolution No. 83 -71. (Report from Personnel) (b) Resolution No. 84 -77 implementing Salary and Benefit increases for Employees who are members of the Newport Beach Police Employees Association (NBPEA). (Report from Personnel) 3. CONTRACTS /AGREEMENTS: (a) Authorize the Mayor and City Clerk to execute Engineering Services Agreement for Design of Upper Newport Bay Bike /Equestrian Trail (C- 2435), with Austin -Foust Associates, Inc. (Report from Public: Works) 4. COMMUNICATIONS - For referral as - indicated: (a) To the City Clerk for notification of Mayor Hart and Mayor Pro Tem Maurer as voting delegates for League of California Cities' 1984 Annual League Conference. (Attached) (b) To Traffic Affairs Committee for response, request from Rendezvous Condominium Association for signing regarding parked buses to stop engines in the vicinity of 600 E. Ocean Front, near the Balboa Pier in an effort to eliminate air and noise pollution. (c) To Planning Department for inclusion in the records, comments from Fair Housing Council of Orange County regarding the City's update on the Housing Element. (d) To Traffic Engineer for response, letter. from Mrs. Lorraine Leavitt regarding bike trails in Newport Beach as compared with those in Huntington Beach, and commercial trucks blocking alleys on Balboa Island. Volume 38 - Page 218 Personnel/ Temp & Seasn Clsfctns Res 84 -76 (66) °84 -85 Res 84 -77 C -2056 (38) UprNpt Bay Bike /Egstr C- 2435(A) (38) gue CA /°84 1 Cnf k Signs (74) Fair Cnsl /Npt Elmt • • • y�v MINUTES July 9, 1984 (e) To Pending Legislation and ' Legislation Procedural Ethics Committee, Letter (48) from J. W. Payton regarding support for restrictions on expenditures of the Senate and Assembly of the State of California. (f) To Finance Department for preparation of a budget amendment, report from the General Services Department for relocation of the Corona del Mar Transfer Station. (g) To staff for response, letter from SPON regarding Santa Ana Heights Annexation. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Local Agency Formation Commission of Orange County, Preliminary Agenda - July 11, 1984. (b) Petition for special relief by Group W Cable, Inc. before the Federal Communications Commission. (c) Newport- Laguna Properties notification of delinquent penalty regarding renewal of business license, alleging negligence by the . Riverside Post Office during a change of address notification. 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Joan Hauke for alleged violation of constitutional rights, damage to well- being, etc., during her arrest at 3801 Park Green Drive on April 4, 1984. (b) Mark Hawkins seeking reimbursement of towing charge, alleging his. automobile was towed in error, and without proper notification of work being done in alley at 204 -B 36th Street, on May 7, 1984. (40) S /Ana Hgts (21) (36) Hawkins (c) Mrs. Sylvia Weisz Hirschfield for Hirschfield plumbing cost reimbursement, alleging City broke gas' pipe leading into_her house, at 507 Via Lido Soud, during street construction on April 17., 1984. Volume 38 - Page 219 •,�.liaTj'�9 iminrY (d) Susan Prichard for property damage Prichard to tire of her vehicle, allegedly • due to obstruction in road at Bristol towards the "Y" entrance to freeway on June 15, 1984. (e) Southern California Gas Company for SoCAGasCo property damage, alleging City backhoe broke gas line at "G" Street, south of Ocean Front on May 29, 1984. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to.the claims adjuster: (a) Virginia Swanson for personal Swanson injuries and damages, Orange County Superior Court, Case No. 42- 40 -20. Claim was denied by City Council on October 24, 1983. (b) Terri G. and George Tellam for Tellam personal injuries and damages, Orange County Superior Court, Case No. 43- 24 -84. Claim was denied by City Council on January 23, 1984. 8. REQUEST TO FILL PERSONNEL VACANCIES: (66) (Report from the City Manager) (a) One Associate City Engineer, Public • Works Department. (b) One Public Works Inspector, Public Works Department. (c) One Steno Clerk II, Library Services Department. (d) One Equipment Operator I, Field Maintenance Division. (e) One Documentations Analyst, Data. Processing Division. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from the Planning bepartment Plang /Rntl regarding RESULTS OF THE RENTAL Rt Srvy VACANCY RATE SURVEY. (68)' (b) Removed from the Consent Calendar. (c) Report from the Parks, Beaches and PB &R/Andrsn Recreation Director regarding Schl RENOVATION OF ANDERSEN SCHOOL C -2453 ATHLETIC FIELD. .(38) • Volume 38 - Page 220 Rk COUNCIL MEMBERS \CALROLL 0 • • MINUTES July 9, 1984 luny v „vwc^ (d) Removed from the Consent Calendar. (e) Report from Executive Assistant to 0 /C -JWyn the City Manager regarding Arprt RETENTION OF CONSULTANTS TO REVIEW (54) JOHN WAYNE AIRPORT MASTER PLAN, LUCP, AND EIR. (f) Removed from the Consent Calendar. 10. PUBLIC HEARING SCHEDULING - July 23, 1984: (a) RESUBDIVISION NO. 773 - Request of Resub 773 PULASKI AND ARITA, Newport Beach, (84) to resubdivide an existing parcel of land into a single parcel for residential condominium purposes, and the acceptance of an Environmental Document; AND USE PERMIT NO. 3091(REVISED) - U/P 3091(R Request of PULASKI AND ARITA, Rsdntl Prm Newport Beach, to permit a #8 four -unit residential condominium (88) development and related garages on property located at 1319 East Balboa Boulevard, Balboa Peninsula, in the R -3 District. The proposal also includes a modification to the Zoning Code so as to allow a reduced width for a proposed parking access drive in conjunction with extra wide garages; AND RESIDENTIAL COASTAL DEVELOPMENT PERMIT NO. 8 - Request of PULASKI AND ARITA. Newport Beach, to consider a Residential Coastal Development Permit for the purpose of establishing project compliance for a four -unit residential condominium development pursuant to the Administrative Guidelines for the implementation of the State Law relative to low- and moderate- income housing within the Coastal Zone. (Report from Planning Department) (b) PROPOSED UNDERGROUND UTILITIES Utilities/ DISTRICT NO. 10 (Vicinity of east Undgr -D#10 Balboa Boulevard at "I" Street) -, (89) To determine whether or not an Underground Utilities District should be formed. (Report from Public_ Works) Volume 38 - Page 221 1h1 r%C V 11. WEST COAST HIGHWAY SEWER MAIN W/C H'wy REPLACEMENT (62ND STREET TO BITTER POINT SwrMnRplcm • PUMP STATION, C -2274) - Accept the work; and authorize the City Clerk to file a C -2274 (38) Notice of Completion and release the bonds 35 days after Notice of Completion has been recorded, provided no claims filed. (Report from Public Works) 12. LIDO ISLE RESURFACING PROGRAM, PHASE III L /IsleRsrfcg (C -2313) - Accept the work; and Phase III authorize the City Clerk to file Notice C -2313 of Completion and release the bonds 35 (38) days after Notice of Completion has been recorded, provided no claims .filed. (Report from Public Works) 13. RESUBDIVISION NO. 726 - Accept the.offer Resub 726 of dedication of a 5 foot wide (84) pedestrian access easement adjacent to the bulkhead (Lots No. 1 and 2, Block 426, Lancaster's Addition to Newport Beach, located at 2800 Lafayette Avenue on the northeasterly corner of Lafayette Avenue and 28th Street in Cannery Village). (Report from Public Works) 14. RESUBDIVISION NO. 770 - Accept the offer Resub 770 of dedication of a 15 foot radius corner (84) cutoff at the intersection of 28th • Street and Villa Way; approve a subdivision agreement guaranteeing completion of the public improvements required with Resubdivision No. 770; and authorize the Mayor and City Clerk to execute said agreement (Lots 27 and 28, Block 225, Lancaster's Addition located at 2805 Villa Way, on the northwesterly corner of Villa Way and 28th Street in Cannery Village). (Report from Public Works) 15. CAMPUS DRIVE RESURFACING FROM MACARTHUR Campus Dr BOULEVARD TO JAMBOREE BOULEVARD (C -2436) Rsrfcg - Authorize the Mayor and City Clerk to C- 2436(A) execute Cooperative Agreement between (38) City of Newport Beach and City of Irvine; approve the plans and specifications; and authorize the City Clerk to advertise for bids to be opened at 11:00 a.m., on July 31, 1984. (Report from Public Works) 16. BUDGET AMENDMENTS: None. • Volume 38 - Page 222 MINUTES 1 ®M C M G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from the Planning Department GPA 84 -1 regarding PROPOSED GENERAL PLAN (45) AMENDMENT (CPA 84 -1), requests initiated by the City of Newport Beach to amend the Newport Beach General Plan, was presented. Council Member Strauss made reference to proposed General Plan Amendment, Part A (Newport Center Animal Hospital) stating his remarks would not pertain to Part B (Irvine Coastal Area). He stated he thought it was unusual to have a general plan amendment with only 1,500 square feet of space, inasmuch as general plan amendments are usually of a much larger scale and related to the future plans of the City. He did not feel this request fell into that category. He stated he felt this was an inappropriate approach to land -use development. It was pointed out that Block 300 could accommodate a transfer of office development rights from the remaining pool of 8,424 sq. ft. of office development allowed in Newport Center. However, The Irvine Company has indicated an unwillingness to transfer any portion of the remaining allowable • office development to this block. During comments, the City Manager stated that the staff felt there was no other legal way to accomplish this request other than a, general plan amendment. Motion x Following discussion, motion was made to All Ayes direct staff to proceed with Part B only of General Plan Amendment No. 84 -1, regarding Irvine Coastal Area. It was indicated that staff would contact The Irvine Company regarding the possibility of transferring the needed amount of office development rights from the remaining pool in Newport Center. 2. Report from the Parks, Beaches and PR &R /Cncl Recreation Director regarding FEE Plcy I -5 SCHEDULE FOR RECREATION (62/69) FACILITIES - ATTACHMENTS A & B (COUNCIL POLICY I- 5),,was presented. • Volume 38 - Page 223 Motion All Ayes • • X Motion Ayes Noes I x I I x I x I x Ix I x • Ir!irr =�� July 9, 1984 Following remarks by Council Member Agee, motion was made to adopt the recommended fee schedule for Recreation Facilities, with the exception that there be no increase in fees for meeting rooms and picnic areas, used by nonprofit group residents. It was indicated that staff would notify the Parks, Beaches and Recreation Commission of the 'foregoing action, should they wish to comment further on this item. 3. Report from City Manager concerning the Personnel COMPARABLE WORTH PETITIONS. 11(66) Irene Butler, Vice - President of the Newport Beach City Employees Association, addressed the Council and submitted a prepared statement in response to the City Manager's report on this issue. In conclusion, it was requested by the Association, that the City conduct a study of City -wide clerical v. nonclerical classifications, as soon as possible, and that the Association participate in the study by providing input, as well as review. Eileen Harrington, Secretary, Newport Beach City Employees Association, addressed the Council in support, urging that a Comparable Worth study be done immediately. Council. Member Strauss stated he recognizes Comparable Worth as a nation -wide issue. However, he did take exception to the comment made by Mrs. Butler to the effect that the method the City used to evaluates its employees is illegal, which, he stated, has never been demonstrated to him. He also stated that he has no objections to giving this matter serious consideration. Motion was made that Management continue to monitor further developments on Comparable Worth, and report back to the City Council. as appropriate, but that no specific studies be undertaken at this time. Volume 38 - Page 224 COUNCIL MEMBERS 0 Motion All Ayes 0 • x IrItT July 9, 1984 _ INDEX H. ORDINANCES FOR ADOPTION: 1. ORDINANCE NO. 84 -17, being, Water Srvc Ord 84 -17 AN ORDINANCE OF THE CITY OF NEWPORT (93) BEACH AMENDING SECTION 14.04.170 OF THE MUNICIPAL CODE TO DELETE RESTRICTIONS ON CONTRACTS FOR WATER SERVICE OUTSIDE THE CITY, was presented for second reading and adoption with memorandum from the Executive Assistant dated June 25, 1984. Motion was made to adopt Ordinance No. 84 -17. I. CONTINUED BUSINESS: 1. Report from Public Works - Traffic Trfk /BckBay Engineering regarding TRAFFIC CONTROL ON Dr BACKBAY DRIVE, was presented. (85) Letters expressing objections to reopening Back Bay Drive to automobile traffic from Robert C. Ottke, Judy F. Jones, and Judy T. Brown (who reference concurrence by Susan and Steve Hay, Carol and Walt Boice, Barbara and Bud Quist, Tina and Dave Ault), were presented. The City Clerk advised that after the agenda was printed, five additional letters were received in opposition to opening Backbay Drive to vehicular traffic from Paul S. Weinberg, Rich and Jame Richardson, Mr. and Mrs. Robert E. Klein, Hall and Melinda Seely, and A. Zoe Snider. The City Manager reviewed the background history connected with this item, as set forth in the: staff report., The following persons addressed the Council in support of closing Backbay Drive to vehicular traffic: Chriss Street, 2235 Pacific Drive Robert Brown, 1220 Park Newport Ron and Linda Sanders, 1540 E. Ocean. Blvd. Larry Stockton, 2924 Carob Street Gene Waggoner, 2573 Elden, Costa Mesa John Manley, 4000 Park Newport Volume 38 - Page 225 coy of KEZOPOR7 BEACH f� � �lA� July 9, 1984 fb2 0 MINUTES II ",r 1619b' J Bill Marco, 1000 Park Newport David Steffani,14 Burning • Tree Road Robert Brown, 1220 Park Newport John Koombe, President, North Bluff Bayview Homeowners Association Julian Whitaker, 2900 Park Newport Walter Rios, 2415 Novia Place Claude Johnson, 4000 Park Newport David Lewis, 505 Begonia Bob Hoag, Santiago Drive June Grimes, 1820 Park Newport The following persons spoke in support of opening Backbay Drive to one -way vehicular traffic: Mat Cox, (no address given) Dale Steward, 16 Cypress Point George Hill,.715 Bayside Drive Scott Douglas, 2807 Douglas Street, Costa Mesa Ronald Hein, Wildlife Manager.for the State Department of Fish and Game, addressed the Council, and stated that the Ecological Reserve was acquired by the Department of Fish and Game for four basic purposes, two of which are pertinent to the issue under consideration: 1) to promote the scientific research and education of our national resources; and 2) to provide public recreation that is compatible with the reserve. He stated that, in his opinion, the Department would not . object to some additional vehicle restrictions, such as changing the road to one -way, but he did feel they would oppose total closure to vehicular traffic. Motion x Following comments and consideration by Urgency the Council, motion was made to adopt Ord 84 -18 ORDINANCE NO. 84 -18, being, AN URGENCY ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.52.060 OF THE NEWPORT BEACH MUNICIPAL CODE DESIGNATING THE PORTION OF BACKBAY DRIVE BETWEEN SAN JOAQUIN HILLS ROAD AND EASTBLUFF DRIVE AS A ONE -WAY STREET IN A NORTHERLY DIRECTION. • Volume 38 - Page 226 (OF NEWPORT BEACH COUNCIL MEMBERS ROLL ��� �•� �'p Gd'd' July 9, 1984 lounr C In addition, staff was directed to report back to the City Council on August 27, 1984, regarding the • feasibility and cost estimates for signing, striping, gates, lowering speed limit, and overall road repairs. Council Member Agee stated that he would be opposing the motion, as he felt a study should be completed prior to selecting which "direction" the road will be designated one -way. Ayes x x x x x The motion was voted on and carried. Noes x 2. Report from Public Works, dated June 25, Permits/ 1984, regarding APPEAL FROM DENIAL OF.AN Enchrcmt APPLICATION TO CONSTRUCT STRUCTURAL (65) ENCROACHMENTS EXTENDING 4.5 FEET INTO THE 8 -FOOT -WIDE PARKWAY ADJACENT TO 211 AGATE AVENUE, was presented. Brion Jeanette, Architect for the project, addressed the Council in support of the request to have paving, landscaping planters and a low patio wall on the City's property. The maximum height of the patio wall is 36" with a 12" high planter wall. It was pointed out in the staff report that one wall is 3 -feet high and • encroaches 2.5 -feet. The other wall is 1 -foot high and encroaches 4.5 -feet. The net effect of the proposal is to convert a portion of the public right -of -way to private use. The back of the sidewalk is 4.5 -feet from the property line in this block. The prevailing pattern in the neighborhood is to encroach to the back of the sidewalk, leaving 3.5 -feet for pedestrians. Motion x Following discussion, motion was made to All Ayes uphold staff's recommendation to deny the subject appeal. 3. Report from Planning Department, dated Cncl Ad June 25, 1984, regarding establishing a. Hoc /Cnry CITY COUNCIL AD HOC CANNERY Vlg /McFdn VILLAGE /MCFADDEN SQUARE SPECIFIC AREA Sq Pln Cmte PLAN COMMITTEE, was presented. (24) The City Clerk advised that after the agenda was printed, a letter was received from Merchants, Residents and Property Owners of 31st Street /Cannery Village area regarding needed improvements in their area. • Volume 38 - Page 227 �A.INITE S \CAL ap �®�� ���'�'� July 9, 1984 { 3751wr Motion x Motion was made to adopt Resolution No. Res 84 -78 All Ayes 84 -78, establishing a City Council Ad Hoc Committee consisting of three members of the City Council to review the recommendations of the Planning Commission and assist the City Council. in the adoption of a CANNERY VILLAGE /MCFADDEN SQUARE SPECIFIC AREA PLAN; and appointed the following: Mayor Hart, and Council Members Donald Strauss and Ruthelyn Plummer. J. CURRENT BUSINESS: 1, Verbal report from the President of the NBCEA /Meet- NEWPORT BEACH CITY EMPLOYEES ASSOCIATION & Confer REGARDING 1984 -85 NEGOTIATIONS IMPASSE, (66) was presented by Mel Koehn, President of the Newport Beach City Employees Association, who addressed the Council and stated that one of the reasons the Association is coming before the City Council is because they feel the City is violating one of its own resolutions, i.e., Employer- Employee Relations Resolution No. 7173, SECTION 18 - Advance Notice - which states: "Except in case of emergency, each Recognized Employee Organization affected shall be given written notice of any resolution, rule or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council and shall be given the opportunity to meet with the City Representative prior to its adoption." Mr. Koehn stated that the method in which salaries were calculated this year was changed, and.their Association was not given advance notice. Mr. Koehn stated that they have also requested consideration be given to retirement based on the highest year, rather than the last three years. Motion x Following comments, motion was made to All Ayes refer this item back to the City's Negotiating Team, 2, Memorandum from City Clerk regarding 0 /C- Health City Assembly Representative and Ping Cncl Alternate to the ORANGE COUNTY HEALTH (54) PLANNING COUNCIL, was presented. • Volume 38 - Page 228 Motion All Ayes 0 0 [`I��':':I?IS,] 1-111111014 IF% July 9, 1984 x I I I I Motion was made to appoint Robert Broaddus as the City's Assembly Representative; and Lois Zimmerman as Alternate. K. ADDITIONAL BUSINESS: None. Meeting adjourned at 9:45 p.m. ATTEST: l� D � CITY CLERK Volume 38 - Page 229 MINUTES