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Home My WebLink About10/09/1984 - Regular Meeting• • k COUNCIL MEMBERS 9 0 y ti A s REGULAR COUNCIL MEETING n+ O 9 9 F : :A G PLACE: Council Chambers t�f .f Ggf pA 91.y G$ TIME: 7:30 P.M. ROLL CAL ;(� DATE: October 9, 1984 MINUTES INDEX The Mayor presented a Proclamation to Dave Harding, Associate Executive Director with the YMCA of Orange Coast of Newport Beach in recognition of "United Way Month." Present x x x x x x A. ROLL CALL. Absent x Motion x B. The reading of the Minutes of the All Ayes Meeting of September 24, 1984, was waived, approved as written, and ordered filed. Motion x C. The reading in full of all ordinances All Ayes 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 0/C Solid regarding ADOPTION OF FINAL DRAFT, Wst Mgm Flo ORANGE COUNTY SOLID WASTE MANAGEMENT (54) PLAN, DATED JUNE, 1984. Report from General Services Director was presented. It was noted in the subject report that portions of the Master Plan itself confirm the closure of Coyote Canyon Landfill by October, 1988, at the latest. Also, that no other sites besides Bee Canyon have been discussed as a replacement for Coyote Canyon. To an earlier suggestion that a transfer - station could be established somewhere on the Coyote Canyon site after the landfill closure, the County's response was that there would be no more transfer stations operated by the County. It was further pointed out that the only element lacking in the current final draft is that of hazardous waste, which each County in the State has until September 30, 1986, to prepare and adopt a County hazardous waste management plan. Also, each City must eventually adopt a hazardous waste management plan following State and County guidelines. In response to Council inquiry, the General Services Director stated that the distance to the new dump site which is estimated to occur in 1988, would be approximately double the driving time, and therefore would reduce collection time by one -half. As a result, the City will be forced to add an unspecified • amount of collection units to their fleet of equipment. Volume 38 - Page 310 COUNCIL MEMBERS October 9, 1984 f�BAO W PB,W � i MINUTES ITR T� MINUTES i F, *31KA (d) To Planning Department for in- Planning clusion in the records, letter from (68) Central Newport Beach Community • Association regarding Fun Zone Proposal. (e) To Police Department for reply, PD letter from Waltraud Weaver (70) regarding his son's arrest on Labor day. (f) To Public Works Department for PW /Chrstms approval, letter from Little Balboa Lights Island Property Owners Association (74) regarding Christmas decorations. (g) To Traffic Affairs Committee for Trfc /Pkg response, letter from Clarence Ocean Vu/ Herbert regarding traffic and Tustin parking on Ocean View and Tustin (85) Avenues. (h) To Planning Department for report Planning back on October 22, 1984, letter (68) from L. Eugene Pickett Co. re- garding Balboa Inn Hotel. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Orange County Local Agency • Formation Commission, preliminary agenda for October 3, 1984. (b) Federal Communications Commission, supplement to petition for special relief, Group W Cable, Inc. (c) Public Utilities Commission, application of AP Express to operate between points in Los Angeles and Orange County and the Los Angeles International Airport. (d) Ben H. Douglass, copy of letter to Public Works Director regarding China Cove Assessment District No. 56. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's re- ferral to the claims adjuster: (a) Mark Lee Alch for property damages Alch to vehicle as a result of rock thrown from lawn mower operated by City employee who was mowing median strip near intersection of Jamboree Road and Pacific Coast Highway on • September 14, 1984. Volume 38 - Page 313 uemu�c� v.«.a (b) Automobile Club of Southern Auto Clb California for Carol Walter whose So CA/ vehicle was rearended by City Walter Refuse Truck at Pacific Coast Highway and Bayside Drive on July 20, 1984. (c) Mary Kent Davis for property Davis damages to left side of vehicle which was hit by City Refuse Truck on August 31, 1984. (d) Janee Dupree for personal loss of Dupree gold ring and scarf which was taken and allegedly not returned by City Police Department on July 28, 1984. (e) Mike and Gail Heaslet for loss of Heaslet privacy and enjoyment of home located at 2220 Alta Vista Drive due to construction and noise from work being done on Jamboree Road. (f) Mercury Insurance Group for Bradley Mercury Mansfield whose vehicle was Ins. /Mans- involved in accident with City field Police vehicle at intersection of Cypress and Balboa on August 8, 1984. (g) Paul T. McCauley for property McCauley damages to vehicle which was in • accident at intersection of SR -1 and SR -73 on June 23, 19849 alleging there was no time delay in left turn lights, etc. (h) Carol Walter for property damages Walter and personal injuries as a result of being rearended by City Refuse Truck at Pacific Coast Highway near Bayside Drive on July 20, 1984. (i) Brian Wesley Roberts for property Roberts damage to vehicle which was damaged during Fire Department training class. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) George Murdoch for Damages and Murdoch Injunctive Relief, Orange County Superior Court, Case No. 438713. Claim was denied by City Council on September 10, 1984. (b) Edith Dibiasi for Damages, Orange Dibiasi County Superior Court, Case No. 436247. Claim was denied by City • Council on February 13, 1984. Volume 38 - Page 314 COUNCIL MEMBERS October 9, 1984 tp MINUTES ", 51 8. REQUEST TO FILL PERSONNEL VACANCIES: (66) (Report from the City Manager) • (a) One Typist Clerk II, City Clerk's Office. (b) One Laborer, General Services Department. 9. STAFF AND COMMISSION REPORTS: - For Council information and approval: (a) Removed from consent calendar. 10, PUBLIC HEARING SCHEDULING: None. 11. ACCEPTANCE OF PUBLIC IMPROVEMENTS IN Resub 709 RESUBDIVISION NO. 709 - NORTH NEWPORT (84) BOULEVARD - Accept the public improve- ments constructed in conjunction with Resubdivision No. 709; authorize the City Clerk to release the Faithful Performance Bond (No, 105613) and release the Labor and Material Bond (No. 105613 -A) in six months provided no claims have been filed. (Report from Public Works) • 12. Removed from Consent Calendar. 13. Approval of application for HARBOR Harbor PERMIT 221 -2910 BY ARNOLD FEUERSTEIN TO Permit TEMPORARILY REVISE THE COMMERCIAL DOCK 11221 -2910 BAYWARD OF 2912 LAFAYETTE AVENUE; (51) (Report from the Marine Department) 14, Approval of application for HARBOR Harbor PERMIT 182 -3017 BY RICHARD VALDES AND Permit MAURICE THREINEN TO BERTH AND TEMP- 11182 -3017 ORARILY OCCUPY AS AN OFFICE DURING (51) CONSTRUCTION OF THEIR PERMANENT FACILITIES, A 46 FOOT VESSEL BAYWARD OF 3101 WEST COAST HIGHWAY. (Report from the Marine Department) 15. BUDGET AMENDMENTS - For Approval: (25) BA -037, $10:,000 - Decrease in unappropriated surplus and increase in budget appropriations for purchase of computer. Funds were inadvertently returned to surplus at June 30, 1984. • Volume 38 - Page 315 11 91-1-0-11i COUNCIL MEMBERS Fb �G October 9, 1984 m. wwL R PodR MINUTES r, iii ;_ _I G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1, Proposed ordinance modifying Section Permits( 12.44 of the Newport Beach Municipal Pkg Meter Code PROVIDING FOR THE USE OF PARKING (63) METER PERMITS AT METERS ON PUBLIC STREETS IN ZONES DESIGNATED BY RESOLUTION, with a report from the Traffic Affairs Committee, was presented. Lee Mallory III, President of the Central Newport Beach Community Association, addressed the Council and referred to a letter he had distributed regarding parking problems on Court Avenue, and on 19th and 20th Streets. He stated that the area is severly impacted because it is the nearest free parking to the Newport Pier area. He also stated that the residents cannot accept meters as the City's best solution to the problem. Mr. Mallory stated that their association. is in support of establishing a preferential parking zone for the Court Avenue neighborhood. Otherwise, they would hope that the City Council will approve the staff's recommendation for expansion of blue permits into public streets and also allow for the divorce of those stickers from meters where designated (to include Court Avenue). Council Member Agee commented that he would not be in favor of placing meters in the area if the residents did not want them, however, he also was not in support of residential parking stickers at this time. The City Manager, in clarifying the purpose of the ordinance under consideration, stated that the current authorization the City has for blue pole meters pertain only to City -owned parking lots. The subject ordinance would be an enabling ordinance to permit the placement of blue pole meters on easement -type streets, providing the City Council approved the same by resolution ELS to location. If the ordinance is adopted on October 22, to implement the recommendation of the Traffic Affairs Committee, the City Council would have to adopt an additional resolution specifically for Court Street. Volume 38 - Page 316 COUNCIL MEMBERS October 9, 1984 MINUTES rd 84-21 Hoc vary Cmte /Tdlnds ffairs 24) lanning/ ido Park & urci -Trnr (68) Permit/ Encrchm (65) x Motion was made to introduce Ordinance 0 Motion All Ayes No. 84 -21. It was noted that a proposed resolution, as recommended by the Traffic Affairs Committee, would be prepared for City Council consideration on November 13, 1984. 2. Proposed resolution creating an Ad Hoc Advisory Committee to the Tidelands Affairs Committee, was presented. Motion x Motion was made to adopt Resolution No. All Ayes 84 -124 and appoint the following to said Committee: Ralph Rodheim, Marine Division /Chamber of Commerce John Miller, Boating Industry Eddie Powers, Marine Owner Mary Lou Zoglin, Environmental Quality Citizens Advisory Committee Member Virginia Herberts, Newport Beautification Citizens Advisory Committee Member Robert Coldren, Citizen -at -Large 3. Report from the Planning Department regarding the results of meetings and the conclusion of LEASE NEGOTIATIONS WITH THE LIDO PARK HOMEOWNERS ASSOCIATION and the CURCI - TURNER COMPANY, was presented. Don Hunter, resident of Lido Park, and Associate Director for Golden State Mobile Homeowners League, addressed the Council and requested this item be tabled for one month to allow himself and their Director to review and respond. It was noted by the staff that the report was for informational purposes only, and that no formal action was required by the City Council at this time. Jim Cummo, Lido Park Manager, addressed the Council, and advised that he had participated in the lease negotiations with the Curci =Turner Company, and that 95% of the park residents have signed the lease. Motion x Motion was made to accept the subject All Ayes report. 4. Report from Public Works Department recommending denial of application of Peter Hoffman to CONSTRUCT STRUCTURAL IMPROVEMENTS ENCROACHING EIGHT FEET INTO OCEAN FRONT AT 5401 SEASHORE DRIVE, was presented. Vn Lime IR — Pace 117 rd 84-21 Hoc vary Cmte /Tdlnds ffairs 24) lanning/ ido Park & urci -Trnr (68) Permit/ Encrchm (65) DIIATAOIWA C�IiNC'L E110&& MUTES rmnFM Peter Hoffman, applicant, addressed the Council in support of his request, and displayed a series of photographs • depicting illegal encroachments on Seashore Drive and West Ocean Front. In response to Council inquiry, the Public Works Director stated that to the best of his knowledge, the existing encroachments shown in the pictures either existed prior to adoption of Council Policy L -6 governing encroachments, or were constructed without the benefit of permit. He does believe, however, that the City Council has followed a consistent policy of denying such requests for encroachment on the Ocean Front. Motion x Following discussion, motion was made to All Ayes uphold the staff's recommendation and deny the application of Peter Hoffman, and further, that the staff be directed to inventory the alleged illegal encroachments along the ocean front and report back at a future study session. H. ORDINANCES FOR ADOPTION: None I. CONTINUED BUSINESS: 1. Planning Commission appointment: Planning Cmsn (24) For the purposes of voting, Harry Green x x Merrill was assigned the green light, Red x x x x and Rena Koppelman was assigned the red light. The City Clerk announced that Rena Koppelman had been selected to fill the unexpired term of Jerry King; said term to expire June 30, 1985. J. CURRENT BUSINESS: 1, Consideration of bus shelter locations Bus Shltr/ and design. Trap (86) Motion x Motion was made to continue this item to All Ayes October 22, 1984 as recommended by the staff. K. ADDITIONAL BUSINESS: 1. Proposed Urgency Ordinance extending the moratorium on the use of property within the City for fortune - telling purposes, • was presented with a report from the City Attorney. Volume 38 - Page 318 CITY (OF HE PORT BEACH COUNUL MEMBERS October 9, 1984 ROLLS CAL ; u191nTax4 Peter Hoffman, applicant, addressed the Council in support of his request, and displayed a series of photographs depicting illegal encroachments on Seashore Drive and West Ocean Front. . In response to Council inquiry, the Public Works Director stated that to the best of his knowledge, the existing encroachments shown in the pictures either existed prior to adoption of Council Policy L -6 governing encroachments, or were constructed without the benefit of permit. He does believe, however, that the City Council has followed a consistent policy of denying such requests for encroachment on the Ocean Front. Motion x Following discussion, motion was made to All Ayes uphold the staff's recommendation and deny the application of Peter Hoffman, and further, that the staff be directed to inventory the alleged illegal encroachments along the ocean front and report back at a future study session. H. ORDINANCES FOR ADOPTION: None I. CONTINUED BUSINESS: 1, Planning Commission appointment: Planning Cmsn (24) For the purposes of voting, Harry Green x x Merrill was assigned the green light, Red x x x x and Rena Koppelman was assigned the red light. The City Clerk announced that Rena Koppelman had been selected to fill the unexpired term of Jerry King; said term to expire June 30, 1985. J. CURRENT BUSINESS: 1- Consideration of bus shelter locations Bus Shltr/ and design. Trap (86) Motion x Motion was made to continue this item to All Ayes October 22, 1984 as recommended by the staff. K. ADDITIONAL BUSINESS: 1. Proposed Urgency Ordinance extending the moratorium on the use of property within the City for fortune - telling purposes, was presented with a report from the • City Attorney. Volume 38 - Page 318 Motion Ayes 0 11 XIX IX I XIX IX October 9, 1984 Motion was made to adopt Urgency Ordinance No. 84 -22. The Mayor adjourned the meeting at 8:45 p.m. in memory of Angela Sue Jackson, mother of Judith A. Franco, President of Newport -Mesa Unified School District and long -time resident of Lido Isle. ATTEST: MINUTES Volume 38 - Page 319 84 -22