HomeMy WebLinkAbout09/10/1984 - Regular Meetingr �
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MINUTES
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7;:30 P.M.
DATE: September 10, 1984
Mayor Hart presented a permaplaqued
Certificate of Appreciation to former Parks,
Beaches and Recreation Commissioner Bruce
Stuart.
A. ROLL CALL.
B. The reading of the Minutes of August 21,
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
regarding the Planning Commission's
recommendation on August 9, 1984, that
because of the applicant's failure to
comply with certain required Conditions
of Approval, the City Council consider
the REVOCATION OF USE PERMIT NO. 3048,
which permitted the establishment of a
temporary hand - washing, waxing, and auto
detailing facility in portable
structures on property located at 2166
East Coast Highway, on the northerly
side of East Coast Highway between
Newport Center Drive and MacArthur
Boulevard, in Newport Village; zoned
P -C.
Report from the Planning Department, was
presented.
Paul Tostberg, applicant, addressed the
Council and stated that they have just
recently obtained a lease for a new
location for their facility on a parcel
of property in Corona del Mar, and will
be submitting an application for a
Conditional Use Permit with the Planning
Department very soon. He stated that
they are prepared to close their doors
tomorrow at the current location if
revocation is approved; however, they
would like an extension of 90 days to
complete construction of their building
at the new site.
The Planning Director recommended that
if an extension is granted, the
applicant be required to cover the
opening to the sewer drain to keep out
fugitive water.
Volume. 38 - Page 282
U(P 3048(R)
(88)
COUNCIL MEMBERS
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Motion
All Ayes
Motion
All Ayes
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MINUTES
September 10, 1984
Mr. Tostberg stated that the new site is
on Pacific Coast Highway between
Marguerite and Larkspur Avenue. He also
stated that they have every intention of
satisfying all the City's requirements
for use of this property.
Hearing no one else wishing to address
the Council, the public hearing was
closed.
During discussion, the City Attorney
stated that if the Council wished to
allow an extension of the use as
requested, he would recommend the public
hearing be continued for that period of
time.
In view of the foregoing, motion was
made to reopen the public hearing and
continue for 90 days.
E. PUBLIC COMMENTS:
None.
F. CONSENT CALENDAR:
The following actions were taken as
indicated, except for those items removed:
1. ORDINANCES FOR INTRODUCTION:
None.
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 84 -105 requesting
the Orange County Board of
Supervisors to withdraw from the
Seventh Sewer Maintenance District,
certain parcels of land. (Report
from Utilities Director)
(b) Removed from the Consent Calendar,
(c) Resolution No. 84 -106 authorizing
installation of a Stop Sign at 49th
and River Avenues. (Request from
Madeline Seymour)
3. CONTRACTS/AGREEMENTS:
None.
4. COMMUNICATIONS - For referral as
indicated:
Volume 38 - Page 283
D/C Bd Spvr/
7th Swr NO
Res 84 -105
(54/73)
Traffic/
Stop Sign
49th /River
Res 84 -106
(85) ,
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
\CALSeptember 10, 1984
R ®LL Oki ncv
(a) To Fire Department for response,
Fire Dept.
complaint from Paul K. Reed
(41)
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suggesting out -of -town property
owners be penalized for alleged
neglect in the area across from'the
high school on Irvine Avenue.
(b) To Planning Department for
Planning
response, letter from Paul K. Reed
(68)
inferring that Newport Heights
could become a slum problem, as
compared to Commodore Circle in
Huntington Beach.
(c) To the Pending Legislation and
Legislation
Procedural Ethics Committee, Mayor
(48)
of the City of Carson's request for
support regarding AB 3966(Elder)
giving local government the
encouragement to consider
redevelopment activities on
properties that are reported to
contain toxic or hazardous waste.
(d) To Council's representative on the
0/C Health
Orange County Health Planning
Planning
Council, Robert Broaddus, for
(54)
recommendation of the election of
at -large members to the Assembly of
Delegates and 11 members to the
Board of Directors.
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(e) To Mariners Mile Specific Area Plan
Cncl Ad Hoc/
City Council Ad Hoc Committee with
Mariners Mi
request that they establish time.to
Spcfc Area
hear request from Newport Heights
(24)
Homeowners Association concerning
letter from Bonnie Jeannette.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Orange County Local Agency
Formation Commission Minutes of
August 1, 1984, and notice of
public hearing on Determination of
a Sphere of Influence of the
Coastal Municipal Water
District.
(b) Notice of Application 1/84 -08 -075
before the California Public
Utilities Commission for Fare
Adjustment of Airport Service,
Incorporated.
(c) Notice of Pacific Bell's Amended
Application No. 83 -06 -65 on Access
Charges.
Volume 38 - Page 284
ix�i 11111' 1111 11r:!El,
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COUNCIL MEMBERS
v 0 +� \\\\\ o ��ln Ot 9C ®L September 10, 1,984
MINUTES
INDEX
6. CLAIMS FOR DAMAGES - For denial and (36)
confirmation of the City Clerk's
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referral to the claims adjuster:
(a) Gene Boyle for property damage, Boyle
alleging mirror on drivers side of
his vehicle broken by City vehicle
on August 17, 1984 at Iris Avenue
between Coast Highway and First
Avenue.
(b) Shiela Chapman alleging personal Chapman
injuries by Police Department
sustained on May 27, 1984.at 1022;
W. Balboa Blvd.
(c) Farmers Insurance Group /William Farmers Ins
Freedman for property damage, Grp /Freed-
alleging claimant's vehicle backed man
into by City Police vehicle on June
23, 1984 at Island Avenue, north of
Bay Street.
(d) Jo Ann Jolley alleging personal Jolley
injuries as a result of fall from
bicycle due to water and water
contents in the street, etc., at
Balboa Blvd. and 23rd Street on
July 11, 1984.
(e) Removed from Consent Calendar.
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(f) Robert Douglas Smith for property Smith
damage when he was rearended by
another vehicle, as a result of
alleged negligence and omissions of.
the City in designing,
constructing, maintaining, etc.,:
SR -1 near intersection of SR -73 on
May 2:3, 1984.
(g) Application to Present First Torrez
Amended Late Claim of Alvaro and
Stella Torrez for wrongful death
which occurred as a result of
traffic accident at intersection of
Pacific Coast Highway and Prospect
Street on November 5, 1983,
alleging City responsible for
maintenance and repair of traffic
signal.
(h) Application to Present First Torrez
Amended Late Claim of Kathy Torrez .
for personal injuries as a result
of alleged conduct on the part of
the City regarding maintenance and
repair of traffic signal at
intersection of Pacific Coast'
Highway and Prospect Street on
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November 5, 1983.
Volume 38 - Page 285
COUNCIL MEMBERS
\CAL y9 9 ROLL 9�y A y�9 ��p9GSs
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MINUTES
September 10, 1984
INDEX
(36)
Murdoch
Planning
(68)
PA 84 -1
(45)
7. SUMMONS AND COMPLAINTS - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Petition for Writ of Mandate and
Memorandum of Points and
Authorities in Support Thereof from
Newport Beach Employees League and
George Murdoch, Orange County
Superior Court.
8. REQUEST TO FILL PERSONNEL VACANCIES:
None.
9. STAFF AND COMMISSION REPORTS - For
Council information and approval:
.(a) Report from the Planning Department
with regard to _a letter from Nancy
Skinner, Newport.Beach, suggesting
that the City's Legal Notices be
more explicit and clear.
10. PUBLIC HEARING SCHEDULING - For
September 24, 1984:
(a) GENERAL PLAN AMENDMENT NO. 84 -1 - A
request initiated by the City of
Newport Beach to amend the LAND
USE, RESIDENTIAL GROWTH, RECREATION
AND OPEN SPACE, AND CIRCULATION
ELEMENTS OF THE NEWPORT BEACH
GENERAL PLAN in order to establish
Residential, Commercial and Open
Space land use designations for the
IRVINE DOWNCOAST not previously
designated for any specific uses by
the Newport Beach General Plan.
(Report from Planning Department)
(b) CERTIFICATES OF PUBLIC CONVENIENCE
AND NECESSITY - Pursuant to Newport
Beach Municipal Code Section 5.13
"Tow Truck Regulations," for:
Aaron's Towing
328 N. Newport Blvd., Suite 365
Newport Beach, CA 92663
WLP Towing
957 W. 17th Street
Costa Mesa, CA 92627
Doug's Towing
2211 Avalon
Costa Mesa, CA 92627
Volume 38 - Page 286 .
INDEX
(36)
Murdoch
Planning
(68)
PA 84 -1
(45)
COUNCIL MEMBERS
`�0_70VO*9�1
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MINUTES
September 10, 1984
11. ACCEPTANCE OF AN OFF -SITE PARKING
AGREEMENT - For a portion of.the parking
spaces required in conjunction with USE
PERMIT NO. 3076, a request of HOWARD
PROPERTIES, Newport Beach, to convert an
existing commercial building located at
503 Edgewater Place, Central Balboa,
into a restaurant. (Report from
Planning Department)
12. NEWPORT BOULEVARD TRAFFIC MEDIAN
LANDSCAPING C -2403 - Accept the work;
and authorize the City Clerk to file a
Notice of Completion and release the
bonds 35 days after Notice of Completion
has been recorded, provided no claims
have been filed. (Report from Parks,
Beaches and Recreation)
13. IMPROVEMENTS IN RESUBDIVISION NO. 660
(326 NORTH NEWPORT BOULEVARD) - Accept
the public improvements constructed in
conjunction with Resubdivision No. 660;
and authorize the City Clerk to release
the Faithful Performance Bond and Labor
and Materials Bond (Bond No. 9039).
(Report from Public Works)
14. UPPER NEWPORT BAY -SAN DIEGO CREEK
SEDIMENT CONTROL PLAN - Authorize the
Mayor and City Clerk to execute the
following: (Report from Public Works),
(a) Upper Newport Bay Cooperative
Agreement(Revised);
.(b) Implementation Agreement for
the In- Channel Facilities;
(c) Cooperative Agreement with the
City of Irvine to provide
their portion of the cost for
the 2nd year of the Sediment
Monitoring Program (C- 2203);
(d) Agreement with the Department
of Fish and Game to provide
their portion of the cost for
the Unit I Upper Newport Bay
Sediment Control Restoration
Project (C- 2203).
15. ENVIRONMENTAL DOCUMENT FOR UNIT I /UPPER
NEWPORT BAY SEDIMENT CONTROL AND
RESTORATION PROJECT (C -2203) - Approve
the recommended action in the staff
report. (Report from Public Works)
Volume 38 - Page 287
U/P 3076/
Off -Site
Pkg Agm
(88)
Npt B1 Tfk
Mdn Lndscpg
C -2403
(38)
Resub 660
(84)
Upr Npt Bay
SDiego Crk
Sdmnt Cntrl
C -2203
(38)
Unit I /Upr
Npt Bay
Sdmnt Cntrl
Rstrtn Prj
C -2203
(38).
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALC G'd' September 10, 1984
ROLL
MINUTES
INDEX___
16. BIG CANYON RESERVOIR RESIDENCE ADDITION BCnyn Rsry
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(C -2457) - Approve.the plans and Rsdnc Adtn
specifications; and authorize the City C -2457
Clerk to advertise for bids to be opened (38)
at 11:00 a.m., on September 26, 1984.
(Report from Public Works)
11. Removed from Consent Calendar.
18. NEWPORT/BALBOA OCEAN PIERS MISCELLANEOUS Npt /Blboa
REPAIRS 1984 -85 (C -2456) - Approve the Ocn Prs
plans and specifications; and authorize Mscl Rprs
the City Clerk to advertise for bids to '84 -85
be opened at 11:00 a.m., on September C -2456
27, 1984. (Report from Public Works) (38)
19. APPLICATION OF PAUL A. RICATTO - Approve Permits/
application subject to conditions listed Curb Cut
in the staff report on request to (65)
construct 8- foot -wide curb cut on
Abalone Avenue for 337; Crystal Avenue,
Balboa Island. (Report from Public
Works)
20. BUDGET AMENDMENTS - For approval: (25)
Reapproprilation of Prior Years
Encumbrances as required by Governmental
Accounting, Auditing and Financial
Reporting (GAAFR) for BA -020 - BA -029 as
follows:
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BA -020, $1,080,431.70 - Transfer;
General Fund.
BA -021, $100,872.56 - Transfer;
Park and Recreation Fund.
BA -022, $28,242.54 - Transfer;
Library Fund.
BA -023, $35,838.74 - Transfer;''
Federal Revenue Sharing 17 Fund.
BA -024, $43,000.99 - Transfer;
State: Gas Tax (2107) Fund.
BA -025, $6,938 - Transfer; State
Gas Tax (2106) Fund.
BA -026, $198,520.23 - Transfer;
Tide 8 Submerged Lands Fund.
BA -027, $32,553.68 - Transfer;
Contributions Fund.
BA -028, $909858.08 - Transfer;
Building Excise Tax Fund.
BA -029, $259,111.78 - Transfer;
Water Fund..
Volume 38 - Page 288
MINUTES
tfunr Y
BA -030, $1,000 - Increase in Budget
Appropriations to provide for
contribution to Southern California
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Water Committee as per City Council
Water Committee; Water Fund.
BA -031, $310 - Increase in Budget
Appropriations to replace broken -down
refrigerator; Marinapark Fund.
BA -032, $30,000 - Increase in Budget
Appropriations to repair superstructures
and replace piles on Balboa and Newport
Piers; General Fund.
BA -033, $2,500 - Increase in Budget
Appropriations to provide for appraisal
of Cannery Village property; General
Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Proposed resolution amending resolution Personnel
No. 84 -86 (Personnel Policies) to (66)
provide for separation pay upon the
termination of City Manager, City
Attorney, or City Clerk, was presented.
Motion
x
Motion was made to continue this item to
All Ayes
September 24, 1984, for a legal opinion
from outside counsel; for a report back
on the accumulated sick leave and
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vacation time for the three subject
employees; and, in addition, whether or
not there is an unlimited ability to
accrue said time in the City's personnel
policies.
2. Report from Public Works Department PW /Sound
regarding BAYSHORES COMMUNITY Wall Bayshr
ASSOCIATION REQUEST FOR A SOUND WALL, C /Assn
was presented. (74)
Motion
x
Motion was made to accept the
All Ayes
recommendation contained in the subject
report; Mayor to work with Bay Shores
Community Association and report back to
City Council as deemed appropriate.
3. Claim of Sea Island Community SealsC /Asn
Association (Amended Cross- Complaint Claim (36)
filed against claimant on or about June
28, 1984, Gordon Kilmer, Jr. vs Estate
of Scott Husted and action arising from
auto - bicycle accident on July 2, 1980)
alleging City negligent in design,
construction and maintenance of
intersection of Ford Road and Sea Island
Drive, was presented..
Volume 38 - Page 289
MINUTES
INDEX
Motion
x
Pursuant to recommendation of the City
AWyes
Attorney, motion was made to remove this
item from the Consent Calendar to
determine if said claim has been timely
filed.
H. ORDINANCES FOR ADOPTION:
None.
I. CONTINUED BUSINESS:
1. APPOINTMENT TO BICYCLE TRAILS CITIZENS BT /CAC
ADVISORY COMMITTEE: (24)
Motion
x
Deferred (District 7) Council Member
All Ayes
Cox's appointment to September 24, 1984
to fill unexpired term of Ray Brandt for
term ending December 31, 1984.
2. APPOINTMENT TO NEWPORT BEAUTIFICATION NB /CAC
CITIZENS ADVISORY COMMITTEE: (24)
Motion
x
Deferred (District 4) Council Member
All Ayes
Heather's appointment to September 24,
1984 fo fill the unexpired term of Pat
Eichenhofer for term ending December 31,
1984.
3. Memorandum from Public Works PW /Backbay
Department regarding TRAFFIC CONTROL ON Drive Trfk
BACK BAY DRIVE, was.presented. (74/85)
Moon'
x
Motion was made to continue matter to
All Ayes
Council meeting of September 24, 1984,
as recommended in the staff report.
4. Report from the City Council Cncl Plcy
Appointments Committee to amend SECTION A -10
4 E. OF COUNCIL POLICY A -10 11PROCEDURAL (69/33)
RULES FOR THE CONDUCT OF THE CITY
COUNCIL MEETINGS.° '.
Motion
g.
Council Member Strauss expressed his
reasons for wishing the policy to remain
as written, and following his comments,
motion was made to disallow the proposed
amendment.
The City Attorney reiterated his remarks
made at the August 27 City Council
meeting on this subject, noting that
there is an Attorney General Opinion
which concludes that use of secret
ballot to elect an appointee to a .
committee in an open meeting does
violate the Brown Act. Therefore, if
the City were litigated in California,
he felt the Appellate Court would rely.
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on the opinion of the Attorney General.
Volume 38 - Page 290
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\C&L���� � �GV`s September 10, 1984
MINUTES
ITT W91!674
In view of the foregoing, the City
Attorney recommended that Council Policy
.
A -10 not be changed, and that the
Council discontinue their practice of
voting secret ballot to select
appointees.
Ayes
x
x
x
x
x
x
Following consideration, the motion was
Noes
x
voted on and carried.
5. ARTS COMMISSION VACANCY:
Arts Cmsn
(24)
Green
x
x
x
x
Robert M. Allen was assigned the green
light for method of voting, and
Red
x
x
x
Carolyn Slayback was assigned the red
light.
The City Clerk announced that Robert M.
Allen had been selected to fill the
unexpired term of Patricia Kendrick,
ending June 30, 1986.
J. CURRENT BUSINESS:
1. Report from Council Member Heather
Eastbluff
regarding EASTBLUFF SCHOOL LEASE, was
Schl Prpty
presented.
(78)
Letter from President Patti -Gene
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Sampson, Orange County Arts Alliance
regarding leasing Eastbluff Elementary
School, was presented.
The City Clerk reported that after the
agenda was printed, a letter was
received from the Natural History
Foundation of Orange County, regarding
the use of Eastbluff School.
Council Member Heather advised that she
has been meeting with various community
groups regarding the possible uses of
Eastbluff School, and requested that she
be given an opportunity to pursue this
matter further.
Motion
x
Following discussion, motion was made to
All Ayes
continue this item to September 24,
1984.
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Volume 38 - Page 291
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N77 OF AEtzponv BEACH
C�UNCiI ME RS
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September 10, 1984
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K. ADDITIONAL BUSINESS:
None.
Meeting Adjourned at 8:25 p.m, in honor of J.
Robert Fluor, Chairman and Chief Executive .
Officer of Fluor Corporation, leading County
philanthropist, humanitarian, and long -time
resident of Corona del Mar, who died on
September 9, 1984.
aycr /
ATT S
City Clerk
Volume 38 — Page 292