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HomeMy WebLinkAbout06/25/1984 - Regular MeetingCOUNCIL MEMBERS Present x x Absent x x IOn A yes Motion All Ayes 0 Motion All Ayes x x x x x MINUTES REGULAR COU19CIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: June 25, 1984 A. ROLL CALL. B. The reading of the Minutes of the Meeting of .June 11, 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 Pro Tem Maurer opened the public hearing regarding PLANNING COMMISSION AMENDMENT NO. 607, a request initiated by the City of Newport Beach to amend the Newport Place Planned Community District Regulations so as to establish a specific limit on hotel rooms for Hotel Sites 1A and 1B, and the acceptance of an Environmental Document. Property owned by the Bay Colony Property Company, Inc., Boston, Massachusetts, located at 4545 MacArthur Boulevard, bounded by MacArthur Boulevard, Birch Street and Corinthian Way, in the Newport Place Planned Community. Report from the Planning Department, was presented. David Neish;, representing the Bay Colony Property Company, addressed the Council and requested that the action of the Planning Commission be sustained. He stated that they concurred in the findings, as set forth in the staff report. Council Member Cox entered the meeting at this time. Hearing no others wishing to address the Council, the public hearing was closed. x Motion was made to adopt Resolution No. 84 -58 amending the Newport Place Planned Community District Regulations so as to establish a specific limit on hotel rooms for Hotel Sites lA and 1B; and the acceptance of an Environmental Document. Volume 38 - Page 198 PCA 607 (94) 84 -58 COUNCIL MEMBERS \CALf ROLL June 25, 1984 IIAR WA 2. Mayor Pro Tem Maurer opened the public P/C Rev#5 hearing and City Council review of (94) PLANNING COMMISSION REVIEW NO. 5, approved by the Planning Commission on June 7, 1984, being a request of Bert Tarayao, Corona del Mar, to permit alterations and additions to an existing single - family dwelling in the R -1 -B District, 'which includes a solar chimney that exceeds the basic height limit in the 24/28 Foot Height Limitation District. Project located at 239 Morning Canyon Road, on the westerly side of Morning Canyon Road, between Shorecliff Road and Driftwood Road in Shorecliffs. Report from the Planning Department, was presented. Bert Tarayao, Architect for the project, displayed a model of the proposed development, indicating that only 28t percent of the roof will be 24 feet above grade, and the remaining roof structure will be 20 feet, or less, above grade, The 4 ft. x 10 ft. solar chimney is proposed to extend 5 feet above the new roofline, or 29 feet above grade. Hearing no others wishing to address the Council, the public hearing was closed. MoTion x Motion was made to sustain the decision All Ayes of the Planning Commission. 3. Mayor Pro Tem Maurer opened the public GPA 83 -2(b), hearing regarding GENERAL PLAN AMENDMENT Housg Elmt 83 -2(b), a request initiated by the City (45) of Newport Beach to amend the HOUSING ELEMENT OF THE NEWPORT BEACH GENERAL PLAN so as to update the Community Housing Market Analysis and Housing Needs Assessment Sections on the basis of more recent data, and revise the constraints to Housing Delivery and Housing Program Sections in response to implementation progress made since November of 1982. This amendment is being made pursuant to Government Code Section 65580 et. seq. Also requested is the acceptance of an Environmental Document. Report from the Planning Department, was presented, together with a supplemental report. • Volume 38 - Page 199 MINUTES trar.T:§-4 The Planning Director noted that the GPA 83 -2(b)/ staff has been working closely with the Housg Elmt State Department of Housing and Community Development (HCD) on the review of the City's proposed General Plan Housing Element revision, required by Section 65585(b) of the Government Code. A formal response was not received from HCD until June 14, 1984. Based on the HCD Letter and subsequent telephone conversations with HCD, staff prepared minor revisions to the Housing Element that are discussed on Pages 7 through 10 of the June 25, 1984 staff report, and included as revised Exhibit "B" to the draft City Council Resolution. The Planning, Director further stated that on Friday, June 22, 1984, representatives of Connerly and Associates (the City's Consultant) met with HCD staff to review the revisions recommended by the Planning Commission at their June 21, 1984 meeting. HCD staff indicated that they were satisfied with two out of their three previously stated areas of concern, and suggested that if we were to make one more minor change to our "Needs Summary" section, all of their concerns would be answered. The additional changes involve deleting one sentence and one chart. City staff . has no problem with these additional revisions, and has prepared a revised Exhibit "B" to the City Council Resolution. It is anticipated that HCD will be sending the City a letter indicating that they feel the City is in full compliance with State Housing Regulations. Dave Dmohowski of The Irvine Company, addressed the Council.and stated that many of their concerns were taken into consideration and incorporated into the element. However, they do have a "lingering" concern with some of the affordability standards in the way median income for the County and City are broken down. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to accept the Res 84 -59 All Ayes Environmental Document and adopt Resolution No. 84 -59 regarding General Plan Amendment 83 -2(b). • Volume :38 - Page 200 MINUTES M.^,r IIVVGA 4. Mayor Pro Tem Maurer opened the public PW /Alley hearing regarding ALLEY PAVING IN BLOCK Paving 431, LANCASTER'S ADDITION (IN CITY BLOCK Lancaster's • BOUNDED BY NEWPORT BOULEVARD, 32ND Addition STREET, VILLA WAY AND 31ST STREET). (74) Report from Public Works Department, was presented. Don Buttle;, 326 Buena Vista Boulevard, owner of property at 409, 411 and 413 -31st Street, addressed the Council and stated that he would participate in the improvements; however, he would like to pay for the assessment on a long -term basis if possible, but not at 12% interest, as recommended. The City Manager advised that at the conclusion of the project, the property owner has the option of paying the City off completely with no interest, or entering into an agreement with the City to pay it off over a period of years with interest set by the City Council. Tony Sheperdson, 421 -31st Street, addressed the Council in support of the alley improvements. He also read a letter from Lenore McDonald, 417 -31st Street, who was in favor of the project. Michael Browning, 1826 Port Taggart Place, representing the Riley family trust, owners of Lots 22 and 23, addressed the Council in support of the improvements. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to direct staff to All Ayes continue with the procedure to improve the alleys per the plans. E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: Motion x The following actions were taken as All Ayes indicated, except for those items removed; 1. ORDINANCES FOR INTRODUCTION - Pass to second reading on July 9, 1984: (a) Proposed ORDINANCE NO. 84 -17, Ord 84 -17 being, Water (93) • Volume 38 - Page 201 MINUTES 1M673V4 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 14.04.170 OF THE MUNICIPAL CODE TO DELETE RESTRICTIONS ON CONTRACTS FOR WATER SERVICE OUTSIDE THE CITY. (Memorandum from Executive Assistant to the City Manager) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 84 -60 affirming that PW /Master the City's Circulation Element, Pln Sts & Master Plan of Streets and Hwys Highways, is in conformance with Res 84 -60 the County's Master Plan of (74) Arterial Highways. (Report from Public Works) (b) Resolution No. 84 -61 authorizing PW /Pdstrn the City Manager or his designee to Bikewy submit an application to the Orange Res 84 -61 County Transportation Commission (74) and Southern California Association of Governments for construction of pedestrian and bikeway facilities ('84 -'85 SB 821 Funding Program). (Report from Public Works) (c) Resolution No. 84 -62 increasing the Finance /Wtr charge for after business hours Srvc Chrg restoration of water service for Res 84 -62 delinquent accounts from $15.00 to (40/93) $30.00. (Report from Utilities Director) (d) Resolution No. 84 -63 establishing Personnel/ the salaries of Management and Mgmt & Key Other Key Employees for the 1984 -85 '84 -85 Fiscal Year, and amending the Salaries Classification and Compensation Res 84 -63 Plan to reflect said changes. (66) (e) Resolution No. 84 -64 implementing NBOLA'84 -85 salary and benefit increases for Salary employees who are members of the Res 84 -64 Newport Beach Ocean Lifeguard C -2058 Association (NBOLA). (Report from (38) Personnel) (f) Resolution No. 84 -65 implementing NBEL '84 -85 salary and benefit increases for Salary employees who are members of the Res 84 -65 Newport Beach Employees League C -2059 (LABEL). (Report from Personnel (38) Director) • Volume 38 - Page 202 • • MM June 25, 1984 (g) Resolution No. 84 -66 establishing a Two -hour Parking Time Limit for the south side of Avon Street, between the hours of 8:00 a.m., and 6:00 p.m. (Report from Public Works - Traffic Engineering) Parking Restrctn/ Avon Res 84 -66 (63) (h) Resolution No. 84 -67 amending Finance/ Section 12 A of the Harbor Permit Harbor Prm Policies relating to schedule of Fees °84 -85 fees for permits, effective July 1, Res 84 -67 1984, and rescinding Resolution No. (40) 83 -63. (Report from City Manager) (i) Resolution No. 84 -68 amending Finance/ Section 17.33.030 of the Newport Pier Fees Beach Municipal Code relating to °84 -85 Annual Pier Fees, effective July 1, Res 84 -68 1984, and rescinding Resolution No. (40) 83 -61. (See report with Agenda Item No. F- 2(h)). (j) Resolution No. 84 -69 amending the Finance /Cmc Permit Fee for Commercial Actvts Fees Activities on the waters in Newport Res 84 -69 Harbor from $345 to $365, effective (40) July 1, 1984, and rescinding Resolution No. 83 -60. (See report with Agenda Item No. F -2(h)) (k) Resolution No. 84 -70 amending Finance /Bus Resolution No. 9782 pertaining to License Fees Investigation Fees pursuant to Res 84 -70 Title 5 of the Newport Beach (40) Municipal Code. (See report with Agenda Item No. F -2(h)) (1) Resolution No. 84 -71 modifying Finance/ filing Appeals and Other Fees Appeals & relating to Zoning Actions in Zoning Fees connection with Title 20 of the Res 84 -71 Newport Beach Municipal Code, (40) effective July 1, 1984, and rescinding Resolution No. 83 -59. (See report with Agenda Item No. F -2(h)) (m) Resolution No. 84 -72 modifying Finance/ Resubdivision and Tentative Map Resub & TMp Filing Fees in connection with Flg Fees Title 19 of the Newport Beach Res 84 -72 Municipal Code, effective July 1, (40) 1984, and rescinding Resolution No. 83 -57. (See report with Agenda Item No. F -2(h)) Volume 38 - Page 203 4 (n) Resolution No. 84 -73 modifying Sign Finance/ Permit and Residential Building Sgn Prm & Record Fees in connection with Rsdntl Fees Title 15 of the Newport Beach Res 84 -73 Municipal Code, effective July 1, (40) 1984, and rescinding Resolution No. 83 -58. (See report with Agenda Item No. F -2(h)) 3. CONTRACTS/AGREEMENTS: (a) Authorize the Mayor and City Clerk Aerial Photg to execute the Agreement for C -2438 Consulting Services with Airborne (38) Systems, Inc. for Contract No. 2438 - Aerial Photography of City. (Report from Public Works) (b) Award Contract No. 2415 to Griffith Alley /Bike Company for the total price of Trl Rsrfcg $165,383.05, for Street, Alley and C -2415 Bike Trail Resurfacing and (38) Reconstruction Program; and authorize the Mayor and the City Clerk to execute said contract. (Report from Public Works) (c) Award Contract No. 2357 to Jamboree Rd Richardson & Le Bouef Company of Frd Rd /Estbl Santa Ana for the total bid price Ist Impvms of $609,609.50 for Street C -2357 Improvements Jamboree Road from (38) Ford Road /Eastbluff Drive South to • Eastbluff Drive North; and authoris:e the Mayor and City Clerk to execute said contract. (Report from Public Works) (d) Authorize the Mayor and the City Upr Npt By Clerk to execute a Cooperative Sdm -Unit I Agreement to provide $600,000 of C- 2441(B) the Port of Long Beach funds for (38) construction of the Unit I Upper Newport Bay Sediment Control and Restoration Project. (Report from Public Works) 4. COMMUNICATIONS - For referral as indicated: (a) To Finance Department for inclusion Finance/ in the records, Statement of Desiltg Sys revenues and expenditures of the (40) City of Newport Beach, Desilting Systems and Appurtenant Works -San Diego Creek Project relating to State of California Water Resources Control Board Grants Number WRCB 1- 401 -800 -0 & 1- 621 -800 -0 and the Joint Powers Agreement between the Volume 38 - Page 204 �t1PJ .! ,. k. F F? June 25, 1984 California Department of Fish and Game and the City of Newport Beach for the period October 26, 1981 • (from inception) to May 25, 1984. (b) To Public Works for response, PW /Back By letter from George M. Crall (74) regarding Back Bay Drive reopening. (c) To staff for response, letter from SoCstRptry Nancy Remley soliciting support for Thtr /Mist the South Coast Repertory Theatre's Rqst 20th Anniversary celebration. (52) (d) To Planning Department for Prk Rest/ inclusion in the records, letter U/P 3072 from Corona del Mar Chamber of (88) Commerce regarding the Council meeting of May 29, 1984 and the Park Restaurant. (e) Removed from the Consent Calendar. (f) Removed from the Consent Calendar. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) The Adam Marshall Family's response to "Letters to the Editor" by Ray Quiel regarding trash and litter around Newport Pier and Ocean Front • commercial area. (b) Three Valleys Municipal Water District position regarding Metropolitan Water District's budget. (c) Copy of Beatrice J. Ruppert's letter of complaint regarding Orange Coast Developers Via Lido Plaza parking policy. (d) Jan D. Vandersloot's "Letters to the Editor" regarding Balboa Peninsula, Fun Zone, and Affordable (low cost) Housing. (e) Local .Agency Formation Commission of Orange County Minutes of May 2, 1984. (f) Pacific Coast Sightseeing Tours, Ltd, application before the California Public Utilities Commission for certificate of public convenience and necessity to operate a passenger service between the Cities of Garden Grove, Costa Mesa, Newport Beach, Irvine and • County of Orange. Volume 38 - Page 205 .d COUNCIL MEMBERS \CA as June 25, 1985 N ®LL MINUTES INDEX (g) Metro Transit Engineering Company regarding funded offer to build and operate an unsubsidized rapid transit system - -a far better type • system than conventional rapid transit. 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) James Robert Bardiau alleging Bardiau personal injuries as a result of collision on bicycle with vehicle at intersection of Old Newport and Transition Road on March 14, 1984. (b) Ruth E. Dicks for personal Dicks injuries, loss of wages when claimant was involved in traffic collision with'City employee, who was driving his own private automobile north of San Diego Creek Channel on I -405 in the City of Irvine on March 15, 1984. (c) Anthony Furnari for property damage Furnari as a result of City vehicle driven by City employee backing into employee's private vehicle in Newport City Yard (General Services) on June 12, 1984. . (d) Eddie H. Shipley alleging damage to Shipley windshield by City dump truck on Pacific Coast Highway in Corona del Mar on June 6, 1984. (e) Caren Ann Chapin Smith alleging Smith property damage to vehicle as a result of hitting road divider at Westcliff and Dover to Irvine Avenue on May 22, 1984. (f) Peter Vogl alleging personal Vogl injuries as a result of fall over remnants of large metal pole at Balboa Pier, A Street Parking Lot. on March 14, 1984. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Dorothy and Jack Beller for Beller personal injuries, Orange County Superior Court, Case No. 431435. Claim was denied by City Council on June 11, 1984. • Volume 38 - Page 206 • 0 • ITT Fn °Mir June 25, 1984 (b) Odette and Emile Dugast for Dugast personal injuries, Orange County Superior Court, Case. No. 431436. Claim was denied by City Council on May 29, 1984. 8. REQUEST TO FILL PERSONNEL VACANCIES: None. 9. STAFF AND COMMISSION REPORTS - For Council information and filing: (a) Report from the Library Board of Trustees regarding 1983 -84 CAPITAL OUTLAY EXPENDITURE REQUEST. (b) Report from General Services Director regarding BALBOA ISLAND SPECIAL REFUSE COLLECTION. (c) Report from Police Department regarding HUNTINGTON BEACH CLINIC 10. PUBLIC HEARING SCHEDULING - July 23, 1984; (a) PLANNING COMMISSION AMENDMENT NO. 608, a request of Bill Langston, Newport Beach, to amend the Newport Place Planned Community Development Standards so as to transfer the remaining 4,130 sq. ft. of allowable building area from "General Commercial Site 4," to "Professional and Business Offices Site 5." The proposal also includes the acceptance of an Environmental Document (and Amendment No. 8 to the Newport Place Traffic Phasing Plan). 11. FINAL MAP OF TRACT NO. 10814 - Approve the Final Map of Tract No. 10814, incorporating by reference the Findings and Conditions of Approval recommended by the Planning Commission; approve Subdivision Agreements guaranteeing completion of the public improvements required with Tract No. 10814; authorize the Mayor and the City Clerk to execute the agreements; and approve the "Affordable Housing Implementation Agreement." (Report from Planning) Volume 38 - Page 207 Library (50) General Sery /Garbg (44) PD (70) PCA 608 (45) Pal MpTr 10814 MINUTES INDEX 12. ACCEPTANCE OF IMPROVEMENTS IN Resub 579 RESUBDIVISION NO. 579 - Accept the (84) "as- built° public improvement plans and the public improvements constructed in conjunction with Resubdivision No. 579 and authorize the City Clerk to release the Faithful Performance Bonds (Nos. S 779404/S 757933; and Labor and Material Bonds (Nos. S 779404/S 757933) in six months, provided no claims filed. (Report from Public Works) 13. RESUBDIVISION NO. 752 - Approve and Resub 752 authorize the Mayor and City Clerk (84) execute the following: (1)Subdivision Agreement guaranteeing completion of the public improvements required with Resubdivision No. 752; (2)Traffic Signal Agreement for the intersection of Newport Center Drive and Center Drive guaranteeing completion of the traffic signal improvements, if warrants are met within five years; (3)Traffic Signal Agreement for the intersection of Santa Cruz Drive and San Clemente Drive /Center Drive guaranteeing completion of the traffic signal improvements, if warrants are met within five years. (Report from Public Works) 14. UPPER NEWPORT BAY WATER MAIN CROSSING UprNpt By REPAIR (C -2443) - Approve the plans and Wtr Mn Crag • specifications; and authorize the City C -2443 Clerk to advertise for bids to be opened (38) at 10:00 a.m., Wednesday, July 11, 1984. (Report from Public Works) 15. ENCROACHMENT APPLICATION OF DANIEL Permits/ LYNCH, 2300 WEST OCEAN FRONT - Uphold Lynch recommendation in the staff report for (65) approval to permit two pay telephones to encroach into 23rd Street, a maximum of one foot horizontally and six feet vertically above the sidewalk. (Report from Public: Works) 16. STAIRWAYS AT THEATRE ARTS CENTER, Begonia Prk, BEGONIA PARK, AND BIG CANYON RESERVOIR BgCnyn Resri (C -2413) - Reject bid submitted by C -2413 McMaster Construction Co., Inc., (38) pursuant to Public Contract Code Sec. 20171; reject the remaining bid; direct staff to revise Contract 2413, including the deletion of stairway construction at Begonia Park and parking lot lighting at Theatre Arts Center; authorize the City Clerk to readvertise for bids to be opened at 11:00 a.m., Thursday, August 2, 1984; and approve carry -over and reappropriation of funds to Fiscal Year • 1984 -85. (Report from Public Works) Volume 38 - Page 208 MINUTES INDEX 17. Removed from the Consent Calendar. 18. BALBOA PIER HANDRAILING REPAIR (C -2427) Balboa pier - Reject the sole bid received for the Handrlg • project; direct staff to readvertise C -2427 said contract this Fall; and approve (38) carry -over and reappropriation of funds to Fiscal Year 1984 -85. (Report from Public Works) 19. Removed from the Consent Calendar. 20. HARBOR PERMIT APPLICATION #172 -759 BY Hrbr Prm BILL DAVIS - Uphold Tidelands Affairs Apl #172 -759 Committee recommendation to approve (51) request to revise the residential float bayward of 759 Via Lido Soud. (Report from Marine Department) 21. APPLICATION BY PACIFIC BELL - Approve Marine Dpt/ application, subject to conditions of Pcfc Bell approval listed in the staff report to (51) place conduit and cable across the Bay from Palm Street on the Peninsula to Opal Avenue on Balboa Island. (Report from Marine Department) 22. SPECIAL EVENT PERMIT REQUEST FROM LE Permits /Le BIARRITZ - Uphold staff's recommendation Biarritz for approval for July 14, 1984, 11:00 (65) a.m. - 2:00 a.m., celebrating Bastille Day. (Report from License Supervisor) • 23. SPECIAL EV174T PERMIT REQUEST FROM BIG Permits /Bg CANYON COUNTRY CLUB - Uphold staff's Cnyn C /Clb recommendation for approval for (65) Wednesday, July 4, 1984, 9:00 p.m., for Fourth of July Fireworks Display. (Report from License Supervisor) 24. Removed from the Consent Calendar. 25. PAVEMENT PRESSURE GROUTING PROGRAM PvmtPrsr (C -2419) - Approve issuance of a change Grtg order to Hunt Contracting Company to C -2419 complete additional pressure grouting (38) under said contract. (Report from Public Works) 26. BUDGET AMENDMENTS - For approval: BA (25) BA -078, $1,650,900 - Decrease in.Budget, Appropriations and Increase in Revenue Estimates to provide for Appropriations Reserve. BA -079, $61'7,000 - Decrease in Budget Appropriations to provide for Appropriations Reserve. Volume 38 - Page 209 BA -080, $42.1,350 - Decrease in Budget Appropriations to provide for Appropriations Reserve. • BA -081, $2,638,100 - Decrease in Budget Appropriations and Increase in Revenue Estimates to provide for Appropriations Reserve. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Letter from Central Newport Beach PW /Centrl Community Association regarding City Npt Bch /CA Manager's letter of June 12, 1984, was (74) presented. Lee Mallory III, President of the Central Newport Beach Community Association, addressed the Council and read a prepared statement regarding their concerns over the lack of needed improvements in their area, i.e. street paving, sidewalk replacement, bulkheads, new restrooms, etc. Motion x Motion was made to refer the subject All Ayes letter to Public Works for review. 2. A report from the City Clerk regarding Advertising/ LEGAL ADVERTISING FOR FISCAL YEAR Legals'84 -85 1984 -85, and recommending award of bid (20) to Newport Ensign, was presented. • Dayton Pierson, Classified Advertising Director for the Daily Pilot, addressed the Council and requested that the City advertise for new bids, inasmuch as they made a typographical error in their bid. He stated that they intended to bid $3.30 per column inch, as they did for seven other Orange County Cities, rather than $3.50. The City Attorney advised that the City Council did not have the authority to reject the bids and readvertise without some finding that, in fact, an error was noticed and brought to the attention of the City prior to the opening of bids. Motion x In view of the foregoing, motion was All Ayes made to uphold staff's recommendation to award bid to Newport Ensign; and authorize the issuance of a purchase order. • Volume 38 - Page 210 MINUTES IIu11F Y 3. Report from the License Supervisor Permits/ recommending denial for a SPECIAL.EVENT Npt Dunes PERMIT REQUEST FROM NEWPORT DUNES for (65) Wednesday, July 4, 1984, 8:00 p.m., • (dusk) for Fourth of July Fireworks Display, was presented. Motion x Motion was made to grant the foregoing All Ayes permit, with the request that the Police Department be directed to assist in whatever traffic and /or parking problems that may occur. 4. Report from Public Works regarding Permits/ APPEAL FROM DENIAL OF AN APPLICATION TO Encroachmts CONSTRUCT STRUCTURAL ENCROACHMENTS (65) EXTENDING 4.5 FEET INTO THE 8 -FOOT -WIDE PARKWAY ADJACENT TO 211 AGATE AVENUE, was presented. Motion x Motion was made to continue this item to All Ayes July 9, 1984, as requested by the applicant. 5. Letter from Central Newport Beach Parking/ Community Association requesting lCourt Ave residential permit parking for Court (63) Avenue, was presented. Lee Mallory III, President of the Central Newport Beach Community Association, addressed the Council and presented a petition signed by residents . of Court Avenue, in support of their request. Motion x Motion was made to refer the subject All Ayes letter to the Traffic Affairs Committee for report back. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: 1. Report from Public Works dated May 14, Permits/ 1984, regarding APPEAL FROM DENIAL BY Fernleaf THE STAFF OF AN APPLICATION TO CONSTRUCT (65) A NEW CURB CUT AT 436 FERNLEAF AVENUE, was presented. Motion x Council Member Agee stated it was his All Ayes understanding this item was to be withdrawn by the applicant, and in view of no one in attendance to address the Council on this issue, motion was made to uphold staff's recommendation for denial. • Volume 38 - Page 211 COUNCIL MEMBERS C7 Motion All Ayes Motion All Ayes Motion All Ayes • 1r u X x �. MINUTES June 25, 1984 INDEX 2. Report from Traffic Engineering dated FPaklng/ April 23, 1984, regarding WEST NEWPORT t RESIDENTIAL PERMIT PARKING PROGRAM, was Prg presented. Council Member Plummer stated that another citizens group has been formed to study this issue, and therefore, requested this item be continued for their input. In view of the foregoing, motion was made to continue this matter to July 23, 1984. 3. Motion was made to confirm (District 6) EEQCAC Council Member Agee's appointment of (24) Maiqual Talbot as a member of the CITIZENS ENVIRONMENTAL QUALITY ADVISORY COMMITTEE to fill the unexpired term of Barbara Cope, ending December 31, 1984. 4. APPOINTMENT'S TO BOARDS AND COMMISSIONS: J1(24) Motion was made to vote for the nominees by secret ballot. BOARD OF LIBRARY TRUSTEES �BD /Library Trstees Mary Petropoulos OR F. Holley Wilkinson The Clerk tallied the votes and advised that F. Holley Wilkinson had been selected. CIVIL SERVICE BOARD Civil Sery (Employee Association Nominees) Board Barbara Long OR Albert Graham, Jr. Pat Krone OR Hilbert Carson The Clerk tallied the votes and advised that Barbara Long and Pat Krone had been selected. PARKS, BEACHES & RECREATION IPB &R Cmsn JoAnn Vandervort OR Sterling Wolfe The Clerk tallied the votes and advised that Sterling Wolfe had been selected. PLANNING COMMISSION 'Ping Cmsn Jan Debay OR Pat Eichenhofer Clarence Turner OR Robert Hopkins The Clerk tallied the votes and advised that Pat Eichenhofer and Clarence Turner had been selected Volume 38 — Page 212 "L11 5. Resolution adopting the Budget for the '84 -85 FY 1984 -85 Fiscal Year, was presented. Budget (25) n x Motion was made to reconsider the three A x x x x x (3) positions voted on at the last City Noes x Council meeting, i. e., Assistant Planner, Library Steno Clerk I, and Cultural Arts Supervisor (part- time). In response to Council Member Plummer, the Planning Director described the duties and responsibilities of the proposed Assistant Planner. Motion x Following comments, motion was made to authorize the position of Assistant Planner, but that the Student Aide funding be reduced to $6,250. Motion x Motion was made to authorize the Ayes x x x x position of Steno Clerk I for the Noes x x Library. Motion x Motion was made to move the All Ayes responsibility of the Arts Commission to City Manager /Administrative Office, and to deny the request for a part -time Cultural Arts Supervisor, at this time. Motion x Motion was made to adopt Resolution No. Res 84 -74 All Ayes 84 -74, as amended in the foregoing. • J. CURRENT BUSINESS: 1. Report from NEWPORT BEACH FIREFIGHTERS JNBFA '84 -85 ASSOCIATION REGARDING 1984 -85 Slry Neg NEGOTIATIONS IMPASSE, was presented. (66) Report from the Personnel Director, was presented. Randy Scheerer, President of the Newport Beach Firefighters Association, addressed the Council and stated that their Association has two primary complaints: 1) the refusal by the City to negotiate other than salary within the J -1 guidelines; and 2) the method at which the J• -1 formula is reached. He urged that the Council instruct the City's negotiator to schedule another meeting with their Association to discuss the items on the table in an attempt to resolve the impasse. A worksheet was displayed depicting the method in which the top three cities are selected. • Volume 38 - Page 213 C] Motion All Ayes • Motion All Ayes • P' 11A :3 3 x x MINUTES June 25, 1984 Mr. Scheerer stated that they are willing to be reasonable, and would settle for the salary offer; the Long -Term Disability Plan as last proposed by them; the deletion from the J -1 computation figures (those items that by Council's own policy are not included in. J -1); and the assurance that there would be an opportunity to negotiate part of their percentage for some of the fringe benefits that will take place during next year's negotiations. He stated he would hope that the communications problem could be resolved, other than open forum during City Council meetings. Motion was made to refer this item back to the City's Negotiating Team for meet and confer at the earliest possible time. 2. Report from NEWPORT BEACH POLICE EMPLOYEE'S ASSOCIATION REGARDING 1984 -85 NEGOTIATIONS IMPASSE, was presented. Report from Personnel Director, was presented. Tom Little, President of the Newport Beach Police Employees Association, addressed the Council and explained the reasons they were at an impasse, as outlined in their letter of June 25, 1984. The following members of the Newport Beach Police Employees Association also addressed the Council and discussed Council Policy J -1 and the City's negotiation process: Tony Villa, David Sens, (Vice President of the Association) and Jim Gardiner Motion was made to refer this item back to the City's Negotiating Team for meet and confer at the earliest possible time. 3. Memorandums from Police Chief REQUESTING ADDITIONAL VACATION ALLOWANCE, were presented. Report from the City Manager, was presented. Volume 38 - Page 214 NBPEA'84 -85 Slry Neg Personnel/ PD Vctn (66) COUNCIL MEMBERS 0 Motion x All Ayes Motion x All Ayes • Motion All Ayes x OT i. Motion x Ayes x x x x Noes x x Motion All Ayes 0 x MINUTES June 25, 1984 Police Chief Charles R. Gross addressed the Council. and referred to his memorandum of July 27, 1983, wherein he recommended to the City Manager that the following be added to the City Personnel Manual: "Section 702.3.25 - Department Heads - With the approval of the City Council, the City Manager may modify the rate of accumulation of vacation leave- with -pay for department heads." Chief Gross stated he felt that the proposed amendment was a major issue of his proposal. He summarized justification for his request, as set forth in the July 27, 1983 memorandum. Following consideration, motion was made to disallow the subject request. Motion was made that the City Council look into the Management Program that was observed a few years ago, more specifically into the vacation.policy. Vctn 4. Report from Planning Department ICncl Ad Hoc regarding establishing a CITY COUNCIL AD Cannery vlg/ HOC CANNERY VILLAGE /MCFADDEN SQUARE 1MrFdn Sq Spc SPECIFIC AREA PLAN COMMITTEE, was tea Pln presented. (24) Motion was made to continue this item to July 9, 1984. 5. Reports from the City Manager and City Clerk regarding WEDNESDAY AGENDA DELIVERY, were presented. The City Manager explained the agenda process, as well as the followup procedure after the Council meeting, as set forth in the subject reports. Following comments, motion was made to approve suggested amendments to Council Policy A -10, which changes the agenda delivery to Wednesdays. R. ADDITIONAL BUSINESS: (69) Plcy (A -10) 1. Pursuant to staff recommendation, motion Oil /Gas Ls was made to authorize the Mayor to send ISale S80 a letter to Gordon W. Duffy, Secretary (87) of Environmental Affairs, Sacramento, regarding Oil and Gas Lease Sale No. 80. Volume 38 - Page 215 MINUTES INIPIF Y Motion x 2. Motion was made to confirm (District 6) NB /CAC All Ayes Council Member Agee's appointment of (24) Virginia L. Herberts, as a member of the NEWPORT BEAUTIFICATION CITIZENS ADVISORY COMMITTEE, for term ending December 31, 1984. Meeting adjourned at 9:45 p.m. AYO ATTLT: C Ty CLERK Volume 38 - Page 216