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HomeMy WebLinkAbout11/13/1984 - Regular MeetingCOUNCIL MEMBERS Present x x Absent Motion Ayes x x Abstain Motion All Ayes L_J x x x x x x x CITY OF NEWPORT BEACH I`] 10l1111 9 REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: November 13, 1984 Mayor Hart presented permaplaqued Certificate of Appreciation to Jerry King, former Planning Commissioner. x x A. ROLL CALL. B. Minutes of the Meeting of October 9 were x approved as amended (page 317 x regarding appointments to Citizens Ad Hoc Advisory Committee to Tidelands Affairs Committee), in accordance with memorandum from Mayor Hart; and the reading of the Minutes of October 22, 1984, was waived and 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 and City Council review of an APPEAL BY STEPHEN AND LYNN G. CURTIS, Balboa Island, from the denial by the Planning Commission on August 9, 1984, of USE PERMIT NO. 2099(AMENDED), a request to amend a previously- approved use permit which allowed the establishment of a take -out ice cream shop (HAAGEN DAZS) on property located at 332 -A Marine Avenue, between Balboa Avenue and the Balboa Island Bridge; zoned C -1. The proposed amendment was to change the hours of operation from 10:00 a.m. to 10:00 p.m. daily to the following hours: 11:00 a.m. to 11:00 p.m. Sunday through Thursday during the summer; 11:00 a.m. to 10:00 p.m. Sunday through Thursday during the remainder of the year; and 11:00 a.m. to 11:30 p.m. Friday and Saturday, all year. Report from the Planning Department, was presented. The City Clerk reported that two letters had been received after the agenda was printed, regarding the subject appeal from I. R. Caraco, 333 Grand Canal, who is opposed to approval of any hour beyond 11:00 p.m.; and Balboa Island Improvement Association, who voted for nonapproval of the request. Volume 38 - Page 334 U/P 2099(A) (88) CITY OF NEWPORT BEACH COUNCIL MEMBERS \rAlpWi199 1 November 13, 1984 MINUTES ifri.TT£W Mayor Pro Tem Maurer advised that, inasmuch as this item had been denied by the Planning Commission, and now with • the nonapproval by the Balboa Island Improvement Association, the applicants have chosen to withdraw their request. At the request of Mayor Pro Tem. Maurer, a. show of hands was given by those people in attendance, who were also opposed to the change in hours. . Hearing no one 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. 2. Mayor Hart opened the public hearing Ord 84 -24 regarding ORDINANCE NO. 84 -24, being, oFord/ oll Ctr P -C AN ORDINANCE OF THE CITY OF NEWPORT (68) BEACH ADOPTING DEVELOPMENT AGREEMENT NO. 2, TO ALLOW THE CONSTRUCTION OF 888 RESIDENTIAL DWELLING UNITS AND 50.000 SQUARE FEET OF COMMERCIAL SPACE IN THE NORTH FORD PLANNED COMMUNITY AND 295,000 SQUARE FEET OF OFFICE SPACE IN KOLL CENTER NEWPORT, was presented for second reading and • adoption with report from City Attorney. The City Clerk advised that, after the agenda was printed, a letter was received from the Legal Aid Society of Orange County in opposition to the adoption of the subject ordinance. Discussion ensued, wherein the City Attorney answered numerous questions raised by various Council Members relative to the Development Agreement. In response to the letter received from the Legal Aid Society, the City Attorney reported that the City does have a fully -valid Housing Element, which does comply with State Law, contrary to the statements in the subject letter. Brad Olsen, representing The Irvine Company, addressed the Council and stated that they feel the Development Agreement is workable and fair,, and that they are anxious to get the project underway. • Volume 38 - Page 335 MEMBERS CITY OF NEWPORT BEACH November 13, 1984 MINUTES In response to Council inquiry, Mr. oFord/1 Olsen stated that of the 888 dwelling Ctr P -C • units to be constructed, 580 will be apartment units and the remaining will be "for sale." 'Ken Placet, (no address given) addressed the.Council regarding the height limit on residential units in the North Ford area, and the purpose and need of a Development Agreement for this project. He also expressed his objections to the number of affordable units proposed for the development. In response to the above 'comments regarding residential height limit, the Planning Director stated that at the time the General Plan Amendment for this particular development was approved, there was also a "skeletal" planned community text approved, which outlined the perimeters as to location, number of dwelling units, height limits, etc. There will be a planned community development plan for this particular Development Agreement, utilizing those items approved in the planned community text; and the residential height limit proposed for this particular Development Agreement will be the typical height • limit for residential units used throughout the City. As to the number of affordable units at the subject location, the Planning Director cited other areas where The Irvine Company, and other development companies have built, or are now building similar projects which include affordable dwelling units. In response to the question raised by Mr. Placet :regarding the purpose and need for a Development Agreement, the City Attorney stated that a development agreement is a form of a zoning ordinance, and is adopted by Ordinance of the City Council. The development agreement.process is used when there is a complex project involving a number of different components, and when there is a substantial amount of money involved. It is also used when there is a continuing obligation on the part of the property owner. Volume 38 - Page 336 0 Motion Ayes Noes • CITY OF NEWPORT BEACH MEMBERS xI,IxIxI IxIx MINUTES November 13, 1984 Mr. Placet. addressed the Council again NoFord /Koll and reiterated that he would like to see Ctr P -C the Development Agreement amended to include a specific height limit for the residential dwelling units before development can occur. Mr. Olsen of The Irvine Company addressed the.Council again, and stated that they believe the height limit will be 32'.£or the residential units; however, this is an issue which will be addressed in the planned community text before development can occur. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to approve Ordinance No. 84 -24, adopting Development Agreement No. 2 between the City of Newport Beach and The Irvine Company. Council Member Strauss stated, for the record, that he voted against Ordinance No. 84 -24 adopting Development Agreement No. 2, for the following reasons: "The agreement does not, in my judgment, adequately protect this City's interests. There are several shortcomings and serious concerns. These are recorded on the tape of these proceedings so I will not repeat them in this dissent. "The only possible rationale for approving a vast increase in density and a major office complex with the enormous increased traffic these will bring, is to provide some affordable housing. I believe in affordable housing which should increase the City's stock of rental housing, and thereby accommodate our older citizens, and new young people and some people of modest means, to be able to live here. "But this agreement with its approval of a huge office building, or buildings, and its increased density of houses several times larger than the prior General Plan, does not assure the City of affordable housing, except for 10 years. Then it will be gone, and 10 years is a short time in the life of a City. Volume 38 - Page 337 • Motion All Ayes is • MEMBERS X MINUTES November 13, 1984 "We are are not really achieving affordable housing on a lasting basis. But, the vastly increased housing density and huge commercial office buildings, with its accompanying traffic problems, will be permanent." E. PUBLIC COMMENTS: 1. Lee Mallory, 1960 Court Avenue, President of the Central Newport Beach Community Association, addressed the .Council and expressed appreciation for their adoption of Ordinance No. 84 -21, providing for the use of parking meter permits at meters on public streets in zones designated by resolution. He stated that, although meters are not the specific answer for Court Avenue,, the residents are generating new ideas, and hopefully a program can be developed which will be mutually acceptable to all concerned. F. CONSENT.CALENDAR: The following actions were taken as indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Pass to second reading and adoption on November 26, 1984: (a) Proposed ORDINANCE NO. 84 -25, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 12.68.040 AND 060 OF, THE NEWPORT BEACH MUNICIPAL CODE REGARDING THE RESIDENTIAL PARKING PERMIT PROGRAM FOR NEWPORT ISLAND (Report dated October 22, 1984 from Public Works- Traffic Engineer) (b) Removed from the Consent Calendar. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 84 -125 relating to the City of Newport Beach California Floating /Fixed Rate Health Facilities Revenue Bonds (Hoag Memorial Hospital Presbyterian Project), Series 1984 A through F. (Report from City Attorney) Volume 38 - Page 338 Npt rd 84 -25 rkg Prmt/ pt Island 63) Mem/ 1 Prj 84 -125 COUNCIL MEMBERS • • • CITY OF NEWPORT BEACH MINUTES November 13, 1984 3. (b) Resolution No. 84 -126 amending Resolution No. 84 -100 to add an additional position of Parking Meter Serviceman I. (Report from Personnel) (c) Resolution No. 84 -127 requiring Traffic to stop on 15th Street at Monrovia Avenue. (Report from Traffic Affairs Committee) (d) Resolution No. 84 -128 approving First Amendment to Traffic Signal Agreement between the City of Newport Beach and the City of Irvine (Contract No. 2078). (Report from Traffic Affairs Committee) (e) Resolution No. 84 -129 summarily vacating an unused 10- foot -wide public utility easement on Vista Cajon easterly of the Carlotta Intersection (Tract 5480); and directing the City Clerk to have said resolution recorded by the Orange County Recorder. (Report from Public Works) (f) Resolution No. 84 -130 approving the Application for Roberti- Z'Berg Urban Open Space and Recreation Program Monies for Community Youth Center Development Project. (Report from Parks, Beaches and Recreation) (g) Resolution No. 84 -131 authorizing the Mayor and City Clerk to execute an Agreement for Grant Funds between the City of Newport Beach and the State of California Coastal Conservancy in connection with the Unit I Upper Newport Bay Sediment Control and Restoration Project. (Report from Public Works) (h) Removed from the Consent Calendar. CONTRACTS/AGREEMENTS: (a) Removed from the Consent Calendar. (b) Removed from the Consent Calendar. Volume 38 - Page 339 84 -126 (66) fk Stop/ th & as 84 -127 85) NB /Irvine fk Sgnl Agm es 84 -128 -2078 (38) ty Esm 84 -129 ti -Z' Urbn/ es 84 -130 62) State tl Cnsvncy Unit I r Npt Bay s 84 -131 2441(D) COUNCIL MEMBERS CITY OF NEWPORT BEACH November 13, 1984 MINUTES (c) Authorize the Mayor and City Clerk Irvine /CNB .to execute an Agreement to provide Unit I Upr for the City of Irvine's portion of Npt Bay • the Unit I Upper Newport Bay C- 2441(C) Sediment Control and Restoration (38) Project. (Report from Public Works) (d) Authorize the City Manager to enter O/C-John into contracts for Graphic and Wayne Arprt Media Support Services for amounts Graphic Sprt in excess of $12,500, and within (54) the limits of the Airport Growth Control Fund. (Report from Executive Assistant to the City Manager) (e) Authorize the Mayor and City Clerk Ofshr Oil to execute Consulting Services rlg /Carter Agreement with Richard Charter and C -2481 the Outer Continental Shelf Local (38) Government Coordinating Program regarding the City's participation in Offshore Oil Drilling Activities. (Report from the City Attorney) (f) Authorize the Mayor and City Clerk UndrgrUtlts to execute Contract No. 2472, an i9 /Pacific Agreement with Pacific Bell to Bell underground telephone facilities in -2472 Superior Avenue adjacent to the (38) • City's Corporation Yard, for the lump sum price of $20,483 (Underground Utilities District No. 9, along Superior Avenue from 15th Street to northerly City boundary). (Report from Public Works) 4. COMMUNICATIONS - For referral as indicated: (a) To Marine Department for inclusion qarine Dpt in the records, suggestions from (51) John E. Jamison, and Anthony Aebarosa regarding Newport Bay pollution problems. (b) To Parks, Beaches and Recreation PB&R for inclusion in the records, (62) letter. from Louise Greeley commending the landscaping of,the median on Newport Boulevard and . Superior. (c) To Public Works for response, ahlia Av letter from William S. Driver with Swr Rplcm a. complaint regarding Dahlia Avenue -2431 Sewer Replacement (Contract No. (38) . 2431) project. • Volume 38 - Page 340 r� is CITY OF NEWPORT BEACH MEMBERS �9y99 y�9�yA`GF 9GiQ� November 13, 1984 (d) To Traffic Engineer for response, letter from John P. Robertson regarding parking facilities, burglary and bike trails adjacent to Corona del Mar High School. MINUTES Traffic Dpt (85) (e) To Public Works for reply, letter SMiguel Prk from Sidney Mendlovitz regarding C -2358 San Miguel Park (Contract No. 2358) (38) project. (f) To Aviation Committee for Avis consideration, solicitation from Cmte The Eastbluff Group (political (24) consulting and advertising firm) regarding their proposal to combat future expansion of John Wayne Airport., 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Suggestion from Jean Morris regarding increasing City revenue income through use of lottery for free utility /garbage collection services. (b) Orange County Local Agency Formation Commission Preliminary Agenda for November 7, and Minutes. for October 3, 1984. (c) Supplementary Affidavit from Hogan & Hartson regarding Group W Cable, Inc., No. CSR -2679. (d) Petition for Special Relief regarding Community Cablevision Company Application before the Federal Communications Commission. (e) Notice of Second Amendment to Pacific Bell's Application for General Rate Increase before the California Public Utilities Commission. 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) John L. Agosta for alleged false arrest and personal injuries by City police officer at Newport Pier on July 17, 1984. Volume 38 - Page 341 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL November 13, 1984 ROLL MINUTES 59T -E (b) .David Beek alleging personal Beek injuries, property damage, police brutality, false arrest, etc. at • Anthony's Pier II Restaurant, Bayside Drive, on September 29, 1984. (c) Gary K. Cox and Janine McDonald for Cox & damages alleging arrest was made McDonald without probable cause by City police officer for battery against a police officer and disturbing the peace on September 9, 1984. (d) Norma de Rossett alleging personal de Rossett injuries as a result of slip and fall over a puddle of water on sidewalk at 250 Newport Center Drive, on August 24, 1984. (e) Chuck Giffen for property damage, Giffen alleging City vehicle damaged claimant's right.front fender while parked at City Hall parking lot on October 18, 1984. (f) Joel William Hamm for Hamm reimbursement, alleging his vehicle was towed away by Police Department in error at Washington & Bay Streets on October 11, 1984. • (g) William McAninch for David McAninch McAninch for personal injuries, alleging Police pursuit created dangerous condition, contributing to three car collision, vicinity of MacArthur Boulevard and San Joaquin Road on August 3, 1984. (h) William McAninch for Michael McAninch McAninch for personal injuries, alleging Police pursuit created dangerous condition, and contributed to three car collision, vicinity of MacArthur Boulevard and San Joaquin Road on August 3, 1984. (i) William McAninch for personal McAninch injuries, alleging Police pursuit created dangerous condition, and contributed to three car 'collision, vicinity of MacArthur Boulevard and San Joaquin Road on August 3, 1984. (j) Susan McAninch for personal McAninch injuries, alleging Police pursuit created dangerous condition, and contributed to three car collision, • vicinity of MacArthur Boulevard and San Joaquin Road on August 3, 1984. Volume 38 - Page 342 COUNCIL MEMBERS CITY OF NEWPORT BEACH November 13, 1984 MINUTES Inc. Co. Kleins- (k) Annette Mesa for damages, alleging City negligent in posting proper warning or traffic signs at • Seashore and 39th Street on July 22, 1984. (1) Carole S. Nelson for property damage, alleging her headlight was shattered by hard object which became airborne from grass /edge - trimmer being used by City crew, at Jamboree Road on October 2, 1984. (m) Amy Michelle Roos alleging personal injuries as a result of stepping into fire pit barbeque ring and Beverly ' burning right and left foot at Corona del Mar State Beach on July 16, 1984. (n) Pacific Property Care, Inc.,Cross- Complaint for. declaratory relief and indemnity against the City regarding suit of Gordon Kilmer, Jr.,who was injured while crossing over bike path on Ford Street (Sea Island Drive /Ford Street exit driveway of Sea Island) by automobile on July 2, 1980. (o) David R. Snider for property damage, alleging his vehicle was rearended by City vehicle at Newport Boulevard and Hospital Road on October 19, 1984. (p) Southern California Gas Company for property damage, alleging Water Department hit '" gas service with shovel while digging at 1408 Oceanfront on October 2, 1984. (q) Walter B. von Kleinsmid for reimbursement, alleging vehicle was towed in error at 1418 Keel Drive on September 27, 1984. (r) Michael P. Waldron for property damage, alleging his vehicle door was hit by City Fire truck at Palm Street, south of Edgewater on September 29, 1984. (s) Patrick L. Ward for damages, alleging police brutality at Ocean Front Boardwalk in front of the Beach Ball Restaurant on July 21, 1984. • Volume 38 - Page 343 Inc. Co. Kleins- CITY OF NEWPORT BEACH COUNCIL MEMBERS v n ti ti o d+ of G Rn9 I CAI t�,9 p dd+ November'13, 1984 MINUTES 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Paul Karl Bohn for personal Bohn injuries, Orange County Superior Court Case No. 440436. Claim denied by City Council on May 29, 1984. (b) Catherine Ann Minkoff for damages, Minkoff false arrest, etc., Orange County Superior Court, Case No. 434590.. Claim was denied by City Council on January 23, 1984. 8. REQUEST.TO FILL PERSONNEL VACANCIES: (66) (Report from the City Manager) (a) Approve one Police Sergeant, Police Department. (b) Approve one Purchasing Clerk I, Finance Department. (c) Approve one Utilities Construction Specialist, Utilities Department. (d) Approve one Utilities Serviceworker, Utilities Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from Arts Commission Arts Cmsn Chairman regarding proclaiming the (24) NEWPORT CHAMBER ORCHESTRA as the City's official orchestra. (b) Report from the City Manager Cncl Policy regarding COUNCIL POLICY MANUAL Review REVISIONS. (69) (c) Report from Parks, Beaches & Oasis Snr Recreation Director regarding Ctz Ctr/ donation of $2,500 LEGACY DONATION PB &R FOR OASIS SENIOR CITIZENS CENTER. (62) (d) Removed from the Consent Calendar. (e) Removed from the Consent Calendar. 10. PUBLIC HEARING SCHEDULING - For November 26, 1984: (a) TENTATIVE MAP OF TRACT NO. 11937 - TMap It A request of IRVINE PACIFIC, . 11937 Newport Beach, to reconsider an approved Tentative Tract Map for • the VILLA POINT APARTMENTS, Volume 38 a Page 344 CITY OF NEWPORT BEACH COUNCIL MEMBERS F qG �p tn9 tn� dd! November 13, 1984 ROLL CAL MINUTES INDEX relative to compliance of the project with the Housing Element of the General Plan as amended June • 25, 1984. Property located at 1200 East Coast Highway, on the northeasterly corner of Jamboree Road and East Coast Highway, across from Irvine Terrace; zoned P -C. (Report from Planning Department) (b) TENTATIVE MAP OF TRACT NO. 12105 - TMap Tr A request of THE IRVINE COMPANY, 12105 dba IRVINE PACIFIC, Newport Beach, to reconsider an approved Tentative Tract Map for the BIG CANYON VILLA APARTMENTS relative to compliance of the project with the Housing Element of the General Plan as. amended June 25, 1984. Property located at the southwesterly corner of MacArthur'Boulevard and Ford Road in the Big Canyon Planned Community. (Report from Planning Department) (c) CERTIFICATE OF CORRECTION FOR TRACT Tr 11018 NO. 11018 - Request to reconsider an approved Certificate of Correction for a Final Tract Map for the SUPERIOR AVENUE MEDICAL OFFICE project relative to compliance of the project with the Housing Element of the General Plan as amended June 25, 1984. Property located at 1455 Superior Avenue; zoned A -P (0.8). (Report from Planning Department) 11. PROPOSED GENERAL PLAN AMENDMENT NO. 84 -2 GPA 84 -2 - Sustain the recommendation of the Planning Commission and initiate General Plan Amendment No. 84 -2; recommended for initiation by the Planning Commission on October 18, 1984, being a request from the U.S. Postal Service for a post office site on Camelback Avenue. (Report from Planning Department) 12. RESUBDIVISION 612 - Approve the Resub 612 .. "as- built" traffic signal plans (84) regarding traffic signal improvements located at 800 Newport Center Drive, on the westerly side Newport Center Drive, northerly of Santa Barbara Drive in Newport Center and accept the traffic signal improvements constructed in conjunction with Resubdivision No. 612; • Volume 38 - Page 345 is CITY OF NEWPORT BEACH MINUTES November 13, 1984 and authorize the City Clerk to release the Faithful Performance Surety in the form of a.letter of credit and release the Labor and Materials Surety in the form of a letter of credit in six months provided no claims have been filed. (Report from Public Works) 13. RESUBDIVISION NO. 740 - Accept the public improvements constructed in conjunction with Resubdivision No. 740 located at 217 Fernleaf Avenue on the southwesterly corner of Fernleaf Avenue in Corona del Mar; and authorize the City Clerk to release the Faithful Performance Surety and Labor and Materials Surety (Certificate of Deposit No. 3- 08760548). (Report from Public Works) 14. RESUBDIVISION NO. 757 - Approve a Subdivision Agreement guaranteeing completion of the public improvements required with Resubdivision No. 757, located at 922 West Balboa Boulevard, on the northerly side of West Balboa Boulevard, between Ninth Street and Tenth Street, on the Balboa Peninsula; and authorize the Mayor and City Clerk to execute said agreement. (Report from Public Works) 15. RESUBDIVISION NO. 766 - Approve a Subdivision Agreement guaranteeing completion of the public improvements required with Resubdivision No. 766, located at 400 Newport Center Drive on the northeasterly corner of Newport Center Drive and San Miguel Drive, in Newport Center; accept the offer of dedication of vehicular access rights to San Miguel Drive and to Avocado Avenue; and authorize the City Clerk to execute said agreement. (Report from Public Works) Resub 740 (84) 757 (84) Resub 766 (84) 16. CITY HALL PARKING LOTS (C -2446) - City Hall Approve the plans and specifications; Prkg Lots and authorize the City Clerk to C -2446 advertise for bids to be opened at 11:00 (38) a.m. on November 29, 1984. (Report from Public Works) 17. ACCEPTANCE OF CAMPUS DRIVE RESURFACING, Campus Dr MAC ARTHUR BOULEVARD TO JAMBOREE Rsfrcg BOULEVARD (C -2436) - Accept the work; C -2436 and authorize the City Clerk to file a (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) Volume 38 - Page 346 CITY OF NEWPORT BEACH COUNCIL MEMBERS �p f 9i9 G \�P\M;\P0 ti ROLL \CAL November 13, 1984 MINUTES INDEX 18. 111 SHORECLIFF ROAD, CORONA DEL MAR - Permit/ Approve Nonstandard Improvement Encrchm Agreement as recommended in the staff (65)' report. (Report from Public Works) 19. REMODEL FOR ENGINEERING WING, CITY HALL EngrWing/ (C -2473) - Approve plans and City Hall specifications; and authorize the City Remodel Clerk to advertise for bids to be opened C -2473 at 11:00 a.m., on November 30, 1984. (38) (Report from Public Works) 20. CONSTRUCTION OF PROFESSIONAL /TECHNICAL Prof /Tchncl BUILDING (C -2424) - Accept the work; Bldg Cnstr approve an extension of time of 22 C -2424 calendar days and waive any liquidated (38) damages; and authorize the City-Clerk .to file a Notice of Completion and to release the bonds 35 days after Notice of Completion has been recorded. (Report from Building Director) 21. BUDGET AMENDMENTS - For approval: (25) BA -044, $100,000 - Increase in Budget Appropriations to provide for North Ford Park development by in -lieu fees provided by J. M. Peters when Belcourt was developed; Park and Recreation Fund. BA -045, $8,500 - Increase in Budget Appropriations to provide for additional cost for purchase .of rescue boat included in 1984 -85 budget; Marine Fund. Marine Dpt (Memorandum from Marine Department) (51) BA -046, $31,000 - Increase in Budget Appropriations to provide for construction of a parking lot at Bayside Drive and Jasmine Avenue, and meter Corona del. Mar parking lots; General Fund. BA- 047,'$10,000 - Increase in Budget Appropriations to provide one additional Parking Meter Serviceman I; General Fund. BA- 048,$5,500 - Transfer. in Budget Appropriations to provide for renovation of plumbing fixtures in the main men's CtyH1 /P1mbg restroom in City Hall; General Services General Sry Fund. (Memorandum from General Services (39/44) Department) BA -049, $460 - Transfer in Budget Appropriations to provide for replacement of two adder - calculators which are unreliable and in constant • need of repair; Finance Fund. volume 38 - Page 347 MEMBERS Motion Motion All Ayes E CITY OF X x MINUTES November 13, 1984 G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from the Planning Department recommending the Mayor and City Clerk be authorized to execute an Agreement with Courton and Associates for Consulting Services regarding preparation of an Environmental Impact Report for the Annexation of the Santa Ana Heights Area within the City of Newport Beach's Sphere of Influence, was presented. The City Clerk reported that after the agenda was printed, two letters had been received from ABCOM Property Owners, and Lorraine Warren, regarding the proposed EIR and Santa Ana Heights Annexation. Motion was made to approve the recommended action on the agenda, authorizing the Mayor and City Clerk to execute an Agreement with Courton and Associates for Consulting Services regarding,preparation of an Environmental Impact Report for the Annexation of the Santa Ana Heights Area within the City of Newport Beach's Sphere of Influence; and direct staff to attempt to expedite the time of completion of the EIR, where legally possible, without destroying the quality of said EIR. Dan DeMille, representing ABCOM property owners, addressed the Council and stated that they had inadvertantly forgot to give an address in their letter of November 8, 1984 to the City; and for the record, he stated that their address is 20401 Cypress Avenue, Santa Ana Heights. He stated that they would like to be contacted regarding their input on the proposed EIR, and any meetings, hearings, etc;, connected therewith. Council Member Cox expressed his concerns with regard to Council Member Strauss wanting to "rush this item through," and following further discussion and consideration, a substitute motion was made by Council Member Strauss to approve the action on the agenda. Volume 38 - Page 348 S /Ana Hghts EIR Cnsltg Agm /Courton & Assoc. G -2480 (38) 0 Motion x 4 Motion x Ayes x x x Noes x x x All Ayes n A Ayes Motion All Ayes 0 x x MINUTES November 13, 1984 2. Report from Public Works recommending that the Mayor and City Clerk be authorized to execute a Professional Services Agreement with Dennis C. Wood and Associates in the estimated amount of $24,500 for the New Building at Community Youth Center near Fifth and Iris Avenues (Contract No. 2465), was presented. Council Member Agee stated that he would like to review the details of the subject agreement prior to approval; and therefore, motion was made to defer action on this item until November 26, 1984. Substitute motion was made to approve the recommended action at this time, which motion FAILED. The motion on the floor was voted on and carried. 3. Proposed Ordinance amending Sections 12.08 and 12.16 of the Newport Beach Municipal Code relating to street closures for regulating cruising activities, was presented with report from the City Attorney. Motion was made to defer action on this item to November 26, 1984, as requested by the Police Department. 4. Proposed resolution declaring the intent of the City Council to conduct a public hearing to consider extending Community Cablevision °s franchised area within the City of Newport Beach, was presented with a report from the Executive Assistant to the City. Manager. Motion was made to adopt Resolution No. 84 -132 declaring the intent of the City Council to conduct a public hearing to consider the application of Community Cablevision to extend its franchise area within the City of Newport Beach, changing the date of the public hearing from November 26 to December 10, 1984. 5. Report from Parks, Beaches and Recreation Director and Memo from Newport Beautification Citizens Advisory Committee regarding BEACH RESTROOMS, was presented. Volume 38 m Page 349 th Ctr/ & Iris nl Sry (38) 70) 62) /Cmty 84 -132 MINUTES "d Ed Ed Benson, Member of the Newport Beautification Committee, addressed the Council and recommended the City approve • a long -range beach restroom improvement program. He stated that he has inspected numerous beach restroom facilities up and down the coast, and finds that Newport Beach is in need of upgrading their beach restrooms to a more modern concept. Motion x Motion was made to approve the All Ayes recommended agenda action as follows: °Establish as the top priority the construction of a new restroom facility at the Balboa Pier. *Direct staff to implement the project as recommended with funds available this fiscal year. *Direct the Parks, Beaches and Recreation Department and Commission to develop a master plan of restroom replacement and new restroom construction; the Master Plan to be completed with appropriate review and public input by June 30,'1985. 6. Report from Personnel Department Personnel/ • regarding EMPLOYEES ASSISTANCE PROGRAM, Emplys Astnc was presented, Prgrm (66) It was noted in the subject report that the staff was recommending the City Manager be authorized to enter into an agreement with OCEAN to provide an Employee Assistance Program (EAP) to be implemented on, or about January 1, 1985. Steve Prather, Executive Director for Family Crisis Center, addressed the Council regarding their proposal for the Employee Assistance Program. He outlined three areas for reconsideration by the City Council, i.e., (1) the number of people they are able to serve; (2) the number of years in the employees assistance field; and (3) the close proximity their facility is to City Hall. Motion x Motion was made to approve the All Ayes recommended agenda action, as set forth in the foregoing. • Volume 39 m Page 350 COUNCIL MEMBERS November 13, 1984 MINUTES H. ORDINANCES FOR ADOPTION: • 1. ORDINANCE N0. 84 -23, being; Ord 84 -23 Parking/ Restricted AN ORDINANCE OF THE CITY OF NEWPORT (63) BEACH AMENDING SECTION 12.40.030 of the newport beach municipal code regarding requirements for restricted parking on private property, was presented for second reading and adoption, with report dated September 25, 1984 from the Police Department. Motion x Motion was made to adopt Ordinance No. All Ayes 84 -23. I. CONTINUED BUSINESS: 1. Report from the Marine Department dated Harbor Perm October 22, 1984 regarding HARBOR PERMIT Ap111172 -901 APPLICATION 11172 -901 BY DONALD KOLL TO (51) CONSTRUCT A 36 FOOT GROIN BAYWARD OF 901 VIA LIDO SOUD, was presented. The City Clerk reported that after the agenda was printed, a letter was received from Steve Barrett, Marine Contractor for Donald Koll, requesting delay of the Harbor Permit for thirty days. moo n x Motion was made to defer action on this All Ayes item until December 10, 1984. 2'. Report from Public Works regarding PW /Channel CHANNEL BRIDGE (Arches Bicycle 1Brdg Facilities), was presented. (74) The City Manager summarized the report noting the estimated completion dates for bridge and road widening projects as indicated below. These dates assume no further significant slippage in scheduling: Widen the east side of the Channel Bridge and Newport Boulevard to 32nd Street -- Estimated construction completion date - April, 1989; Construct a new raised bridge and widen Newport Boulevard to 32nd Street- =Estimated construction completion date - June, 1991; Volume 38 - Page 351 • Motion All Ayes • • X ?11 In _It November 13, 1984 The addition of a temporary bicycle PW /Channel facility to the existing Channel Bridge Bridge and the bridge over Coast Highway could be accomplished using structures similar to those shown on the attached sketch in the staff report. The cost estimate for'the construction of the type of facility is $102,000 for the Channel Bridge and $67,500 for the Coast Highway Bridge. Approxi- mately two years from the start of design would be required for construction of the project. The Channel Bridge additions would warrant a much higher priority than would the Coast Highway bridge additions, as the bicycle volumes are approximately four times higher. on the Channel Bridge. Steve Fobes, 328 Aliso Avenue, addressed the Council and spoke in support of a bicycle lane over the Channel Bridge, stating he is a cyclist and the existing condition is very unsafe. Motion was made to direct staff to obtain proposals for Engineering Services for a bicycle lane for the Channel Bridge; and prepare a Budget Amendment for $15,000 from the Gas Tax Fund. J. CURRENT BUSINESS: 1. Memorandum from the City Manager Cncl Policy regarding COUNCIL POLICY A -10 proposed A -10 amendment, was presented. (69) Council.Member Strauss advised that he had placed the proposed amendment on.the agenda, which reads as follows: 4. E ........ Further, the City Council shall not consider the election of Mayor or Mayor Pro Tem in closed session, nor shall such election for Mayor or Mayor Pro Tem be voted upon by secret ballot." Council Member Strauss expressed his reasons for supporting the proposed amendment. Volume 38 - Page 352 I* A n Ayes Noes Motion CITY OF •- BEACH MEM X I x I x ix I I x x x November 13, 1984 MINUTES The City Attorney stated that the last time this subject came up before the City Council,.he reviewed the Attorney General's opinion mentioned in the former City Attorney's memorandum of November 28, 1977, and advised the City Council that the Attorney General then took the position and still takes the position that a City Council cannot use secret ballot to appoint members of City Boards and Commissions. He stated he also advised the City Council that there was a New Mexico Supreme Court ruling that their version of the Brown Act did not prohibit use of secret ballot to elect or select members of Boards and Commissions, The City Attorney further stated that just today he contacted a Deputy Attorney General, who advised him that the Attorney General's office had -not given an opinion on this particular subject. However, the Deputy Attorney General reiterated the prior opinion that his office gave to Mr. O'Neil, the former City Attorney, The City Attorney stated that, in his view, the courts would follow the opinion of the Attorney General, and therefore, he does not feel the City Council should use secret ballot. Motion was made to approve the proposed amendment to Council Policy A -10, which motion failed. No further action was taken. 2. Memorandum from Parks, Beaches and Recreation Director regarding request from OASIS TO SERVE ALCOHOLIC BEVERAGES AT A SPECIAL FUND RAISING PARTY, was presented. Dan Sweet, 2nd Vice President, Friends of Oasis, addressed the Council and spoke in support of their request. Motion was made to approve the request. Council Member Strauss stated he reluctantly would support the motion, but only because of the unusual circumstances involved. Council Member Agee stated he was not going to support the motion, as he felt It would set a precedent for other organizations. Volume 38 m Page 353 Cncl Policy 62) I CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL Ayes NO Motion All Ayes Motion All Ayes 9 E MINUTES November 13, 1984 INDEX Team Work- shop /Atty x x x x The motion was voted on and carried. x x K. ADDITIONAL BUSINESS: x 1. Motion was made to approve the TEAM BUILDING WORKSHOP with Bill Hamilton and Associates to be held Friday, January 11, 1985. x 2. Motion was made to direct the City Attorney to write to the legal counsel, that is handling the case for the City of Modesto regarding liability predicated on failure to enforce the zoning ordinance, and advise them that the City of Newport Beach intends to be named as one of the Cities in the Amicus Friends of the Court Brief. Meeting was adjourned at 9:45 p.m., to Tuesday, November 20, 1984, at 4:00 p.m., for seating of new City Council and election of Mayor and Mayor Pro Tem. t i ayor ATTEST: Ciff Clerk po- �e Volume 38 - Page 354 INDEX Team Work- shop /Atty