HomeMy WebLinkAbout08/23/1982 - Regular MeetingC UNCIL ME 8 RS
ROLI rAl I
CITY OF NEWPORT BEACH
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30.P.M.
DATE: August 23, 1982
MINUTES
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INULX
Present
x
x
x
x
x
x
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A. ROLL CALL.
on
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B. The reading of the Minutes of the Meeting of August
.
Ayes
9, 1982, was waived, approved as written and
ordered filed.
Motion
x
C. The reading of all ordinances and resolutions under
All Ayes
consideration was waived, and the City Clerk was
directed to read by titles only.
D. HEARINGS:
1. Mayor Heather opened the continued public hearing .
U/P 2019 &
and City Council review of an APPEAL BY R. V. HOGAN
Resub 696
COMPANY AND SPANGLER /SCHACHTMAN AND ASSOCIATES,
(88)
Newport Beach, from the decision of the Planning
Commission on December 10, 1981, denying USE PERMIT
NO. 2019 AND RESUBDIVISION NO. 696, a request to
construct a twenty unit time -share condominium
development and related parking area in the C -1 -H
District which exceeds the basic height within the
26/35 Foot Height Limitation District and the
acceptance of an Environmental Document; and a
request to.establish a single building site for the
condominium project where two lots and a portion of
two other lots now exist. Said applications were
previously considered and tabled by the City .
Council on January 11, 1982 and.removed from the
table on March 8, 1982.
Report from the Planning Department, was presented.
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It was noted that on July 26, 1982, the City Counci
adopted Ordinance No. 82 -14, prohibiting the devel-
opment of time -share projects within the City.
Hearing no one wishing to address the Council, the
public hearing was closed.
Council Member Cox stated he will abstain from from
voting on this item for the same reasons he ab-
stained on the adoption of Ordinance No..82 -14.
Motion
x
Motion was made to deny Use Permit No. 2019 and
Ayes
x
x
x
x
x
x
Resubdivision No. 696, subject to the findings set
Abstain
x
forth in staff report dated January 11, 1982,
designated as Exhibit "B," and the additional two
findings set forth in staff ,report dated August
23, 1982.
2. Mayor Heather opened the public hearing regarding
HUD /CDBG
the "PROPOSED STATEMENT OF COMMUNITY DEVELOPMENT
Asstnc Pln
OBJECTIVES AND PROJECTED USE OF FUNDS" PORTION OF
(87)
THE 1982 COMMUNITY DEVELOPMENT BLOCK GRANT SUBMIS-
SION AND A HOUSING ASSISTANCE PLAN, being, a
resolution approving the submittal of a 1982
submission for Community Development Block Grant
Funds to'be used for housing rehabilitation in the
City of Newport Beach, and the submittal of a
Housing Assistance Plan.
Volume 36 - 258
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Motion
All Ayes
Motion
All Ayes
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CITY OF NEWPORT BEACH
MINUTES
August 23, 1982
Report from the Planning Department, was presented.
Discussion ensued with respect to the types of
restrictions that will be placed on the disbursem
of funds to the community; the conditions imposed
by the Civil Rights Act; and the preservation of
existing housing stock.
Crystal C. Sims, Attorney, No. 38 Emerald.Bay,
representing the Legal Aid Society of Orange County
addressed the Council and read a prepared statement
in support of the City's Grant Program. She stated
however, that the focus of any Community Developmen
Block Grant Funds received, for use in housing
rehabilitation would be inefficient and problemati-
cal, given the nature of the City's identified
housing needs. They felt the use of any CBDG Funds
for short -term housing maintenance will duplicate
existing market forces and will leave unresolved
the long -term housing needs of the City. The best
use of any funds is to encourage the new construc
tion of affordable housing within the City, which,
could be accomplished through a land acquisition,
or cast write -down program funded by the CBDG
program.
Barney Larks, 1901 Beryl Lane, spoke in support of
using the CDBG Funds for additional rental units,
rather than to preserve existing rental housing
stock. He felt more emphasis should be placed on
obtaining land for the construction of low -and
moderate- income housing.
It was pointed out by staff that the 1980 Census
indicated 47% of the City's housing stock were
rental units at a median of $443 per month.
Alice Ramer, 210 Goldenrod, Member of the Orange
County Senior Citizens Advisory Council and Orange
County Fair Housing Council, spoke in support of
using the CDBG Funds for rehabilitation of existing
housing stock.
Hearing no others wishing to address the Council,
the public hearing was closed.
Motion was made to adopt Resolution No.. 82 -122,
approving submittal of a 1982 Community Block Grant
Application and Housing Assistance Plan to the
Federal Department of Housing and Urban Development
E. PUBLIC COMMENTS: None.
F. CONSENT CALENDAR:
The following actions were taken as indicated, except
,for those items removed:
1. ORDINANCES FOR INTRODUCTION: - Schedule for public
hearing on September 13,1982:
Volume 36 - Page 259
tnc Pln
COUNCIL
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CITY OF NEWPORT BEACH
MINUTES
August 23, 1982
(a)
Proposed Ordinance No. 82 -19, being,
Zoning /Opr
Pool Pmps
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
(94)
AMENDING SECTION 20.10.035 OF THE NEWPORT
BEACH MUNICIPAL CODE AS IT PERTAINS TO
THE HOURS OF OPERATION OF POOL PUMPS IN
RESIDENTIAL DISTRICTS,
PLANNING COMMISSION AMENDMENT NO. 575, a
PCA 575
request initiated by the City of Newport Beach
to consider an amendment to Section 20.10.035
of the Newport Beach Municipal Code as it
pertains to the hours of operation of pool
pumps in residential districts. (Report from
the Planning Department)
2. RESOLUTIONS FOR ADOPTION:
(a)
Resolution No. 82 -123 establishing Uniform
Personnel/
Personnel Policies for City Employees relating
UnPersPlcy
to conditions of employment and rescinding
Res 82 -123
Resolution No. 11094. (Report from Personnel)
(66)
3. CONTRACTS /AGREEMENTS - For approval:
(a)
Agreement for professional engineering.ser-
Lido Is Brdg/
vices; authorize the Mayor and City Clerk to
PrfEngSery
execute subject agreement with William M.
C -2346
Simpson, Consulting Structural Engineer.
(38)
(Report from Public Works - Lido.Isle Bridge
Rehabilitation (C- 2292))
(b)
Amended Agreement for engineering services
Superior Av
with Williamson and Schmid for the design of
Impvm /EngSery
additional right -turn lanes and merging lanes
C -2119
for the subject project; authorize the Mayor
(38)
and City Clerk to execute said amended agree-'
meat. (Report from Public Works - Superior
Avenue Improvements from Coast Highway to 1200
Feet North of Coast Highway (C- 2119))
4. COMMUNICATIONS - For referral as indicated:
(a)
To Parks, Beaches and Recreation for inclusion
PB&R /Tree
in the records, letter from Mrs. Alice Remer
Trmg CdM
regarding tree triming in Corona del Mar.
(62)
(b)
To Pending Legislation and Procedural Ethics
Legislation
Committee, mailgram from League of California
(48)
Cities regarding AB 3011 and 684, and SB 53.
(c)
To staff for notification that the Mayor or
League CA
Mayor Pro Tem shall be voting representatives
Cities /Annual
at the League of California Cities Annual
Cnf- SDiego
Conference Business Session on October'20, at
(61)
10:00 a.m., Town and Country Hotel, San Diego.
Volume 3.6 - Page 260
CITY OF NEWPORT BEACH
C UNCIL ME B RS MINUTES
9,
ROLL CALL �n S1 Auonst 24. 1982
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(d) To the Pending Legislation and Procedural
Resolutions/
Ethics Committee, resolution of the City of
Other Cities
Westminster joining with the City of Anaheim
(77)
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urging our State Legislators to defeat AB -2660
(would alter the composition of the South Coast
Air Quality Management District (SCAQMD) Board
by adding three political appointees to be
appointed by State office holders).
(e) To Planning Department for inclusion in the
/P 822(A)
records, letters from Mr. and Mrs. Charles D.
St. Andrews
Thompson, Mrs. Charles Wickert, Mrs. Florence
Chrch
Parker, Mrs. Ruth Silvey, Mr. and Mrs. Andrew
(88)
Kalanz and William R. Franklin regarding St.
Andrews Presbyterian Church.
(f) To Santa Ana Heights Annexation Ad -Hoc Com-
SAna Hghts/
mittee for consideration, request of James G.
Annex
Harker, President, Back Bay Homeowners Associa-
(21)
tion, to move on the Santa Ana Heights Annexa-
tion.
(g) To Planning Department for inclusion in the
U/P 2080
records, Barbara Maples' letter regarding "Fun
"Fun Zone"
Zone."
(88)
5. COMMUNICATIONS - For referral to the City Clerk for
inclusion in the records:
(a) Dorothy D. Uhlig, Secretary, Eastbluff Apt.
Owners Association, inquiry regarding U.S.
Supreme Court ruling on compensation to owners
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of apartment buildings by television cable
companies.
(b) South Coast Air Quality Management District's
proposed amendments and notice of public hear-
ing on September 10 (New Source Review, Regu-
lation XIII).
(c) Al "King Alfonso" Lizanetz's correspondence re-
garding his ongoing campaign against high
interest rates, organized crime and Seagram
Distillery family.
(d) Local Agency Formation Commission of Orange
County Minutes of July 28 and Preliminary
Agenda for August 25, 1982.
6. CLAIMS FOR DAMAGES _ For denial and confirmation of
(36)
the City Clerk's referral to the claims adjuster:
(a) Eva Klinger for property damage alleging
Klinger
clogged sewer drains due to City trees sus -
tained on July 15, 1982, on 621 Marguerite
Avenue.
Volume 36 - Page 261
CITY OF NEWPORT BEACH
C UNCIL ME B RS MINUTES
ROLL CALI �n AiPUwt 24_ ioa9
(b) Mercury Casualty Co, for Michael Reyes for
nercury Cas/
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property damage alleging Police Department
vehicle rear -ended claimant's parked, unoccu-
Reyes
pied automobile into a barricade on Olive
Street, on July 5, 1982.
(c) Metropolitan Property & Liability for Tobey
Metropolitan/
Rosen for property damage, alleging City.
Tobey
vehicle hit side of claimant's automobile on
Vista Noblesa on July 1, 1982.
For rejection - not timely filed:
(d) Western Cement Contractors, Inc. for personal
Western Cem/
injuries of Stella Dodge as a result of trip -
Dodge
ping and falling on sidewalk on 205 -30th
Street, on August 22, 1981.
7. SUMMONS AND COMPLAINTS - For denial and confirmatio
of the City Clerk's referral to the claims adjuster:
(a) George R. and Shirley Loftis for personal
Loftis
injuries and damages on October 28, 1978.
allegedly sustained from City Police Officers;
original false arrest claim filed on February.'
12, 1979 and claim for emotional distress
filed on October 23, 1979.
8. REQUEST TO FILL PERSONNEL VACANCIES - For approval:
(66)
(Report from the City Manager)
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(a) One Police Officer, Police Department.
(b) One Animal Control Officer, Police Department.
(c) One Equipment Serviceworker, General Services
Department.
(d) One Secretary, Parks Beaches and Recreation
Department.
(e) One Recreation Clerk- Typist, Parks, Beaches
and Recreation Department.
9. STAFF AND.COMMISSION REPORTS - For Council informa-
tion and approval:
(a) Report from the Assistant to the City Manager
'CATV /Grp W
regarding CITY COUNCIL ACCEPTANCE OF VIDEOTAPE
Videotp Eq
EQUIPMENT FROM GROUP W CABLE.
(42)
(b) BALLOT ARGUMENT IN FAVOR OF AQUATIC CENTER
Election /No.
LEASE AT NORTH STAR BEACH.
Star AgCtr
(39)
(c) Subcommittee report on Caltrans West regarding
pB &R CALTRANS
CALTRANS WEST PROPERTY.
WEST Prpty
(62)
(d) .Report from the City Attorney regarding CON-
O/C Arpt /Litg
FIRMATION OF ATTORNEY'S FEES ESTIMATE - AIR-
Fees
, PORT LITIGATION.
C -2331
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(38)
Volume 36 - Page 262
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CITY OF NEWPORT BEACH
L ME B RS MINUTES
9 G�
August 23, 1982
(e) Report from Board of Library Trustees regard- Library Bd
ing CHANGE IN BY -LAWS /LIBRARY BOARD MEETINGS. Trstes B -Lws
(24)
10. 19TH STREET /BANNING AVENUE BRIDGE OVER THE SANTA W /SAna Brdg
ANA RIVER - Adopt a motion expressing official City (74)
support for early implementation of the proposed
project for extending 19th Street and Banning
Avenue with a new bridge over the Santa Ana River.
(Report from Public Works)
11. ACCEPTANCE OF STORAGE BUILDING AND ENGINE ROOM AT Big Canyon/
BIG CANYON RESERVOIR (C -2199) - Accept the work; Strg & Eng Rm
and authorize the City Clerk to file a Notice of C -2199.
Completion and release the bonds 35 days after (38)
Notice of Completion has been filed. (Report from
Public Works)
12. ACCEPTANCE OF MISCELLANEOUS PARKING LOT IMPROVE- MiscPkg Lot
MENTS (C -2288) - Accept the work; and authorize the Impvms
City Clerk to file a Notice.of Completion and C-2288
release the bonds 35 days after Notice of Comple-
tion has been filed. (Report from Public Works)
13. APPROVE SUBDIVISION AGREEMENT (RESUB No. 683) -
Guaranteeing completion of the public improvements
required with Resubdivision No. 683; authorize the
Mayor and City Clerk to execute said agreement; and
accept the offer of dedication of easements for
pedestrians and bicycles as shown on the subject
map and accept the vehicular access rights to
MacArthur Boulevard as released and relinquished.
(Report from Public Works)
14. ENCROACHMENTS INTO 36TH STREET ADJACENT TO 3601
FINLEY AVENUE - Direct staff to revoke the existi:
permit for an encroachment fence and gate in 36th
Street; and to notify the current property owner
remove the encroachments. (Report from Public
Works)
15. APPROVE APPLICATION OF MR. W. A. RENNEKAMP - To
construct a 3 -foot -high Timber Retaining Wall in
the parkway at 3611 Ocean Boulevard, subject to
the Applicant signing a license agreement for
nonstandard improvements. (Report from Public
Works)
16. ACQUISITION OF TEN FEET OF RIGHT -OF -WAY AT 3430
IRVINE AVENUE AND TWENTY FEET OF RIGHT -OF -WAY AT
3500 IRVINE AVENUE - Authorize the purchase of a
ten - foot -wide strip of land at 3430 Irvine Avenue
for street purposes for $13,000; authorize the
purchase of twenty -foot -wide strip of land at 3500
Irvine Avenue for street purposes for $25,000;
accept a grant deed from Phillip A. Stevens and
Barbara A. Stevens for the partial taking of land
at 3430 Irvine Avenue; and accept a grant deed
from David Magllavy and Rods Magilavy for the
partial taking of :Land at 3500 Irvine Avenue.
(Report from Public Works)
Volume 36 - 263
683/
hr B1
(84)
Perm /Enchrm
36th /Finley
(65)
Perm /Enchrm
Rennekamp
(65)
Prpty Acq/
Irvine Av
(73)
C UNCIL ME B RS
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CITY OF NEWPORT BEACH
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17. ACCEPTANCE OF RESIGNATION OF PAULA GODFREY AS A
EQ /CAC
MEMBER FROM THE ENVIRONMENTAL QUALITY CITIZENS
(24)
ADVISORY COMMITTEE - Accept resignation with
regret; and direct City Clerk to post vacancy
notice.
18. "DRAFT POLICY FOR ENERGY CONSERVATION" report from
Planning /
Environmental Quality Citizens Advisory Committee -
(68)
Refer back to Committee for cost analysis to
implement energy conservation.
19. BUDGET AMENDMENTS - For approval:
(25)
BA -016, $29,920.00 Increase in Budget Appropria-
tions for traffic improvements to MacArthur /Campus
and MacArthur /Jamboree intersections; Contribution
Fund.
BA -017, $160.00 Increase in Budget Appropriations
for purchase of "carrel desk;" Libraries Fund.
(See report with Agenda Item F -9(a))
G. ITEMS REMOVED FROM THE CONSENT CALENDAR: None.
H. ORDINANCES FOR ADOPTION:
1. Ordinance No. 82 -18, being,
Ord 82 -18
VehCd /Enf
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
Npt Crest
RESCINDING SECTION 12.66.040 OF THE NEWPORT
(85)
BEACH MUNICIPAL CODE REMOVING VEHICLE CODE
ENFORCEMENT FROM PRIVATE STREETS IN NEWPORT
.
CREST,
was presented for second reading.
Report dated August 9, 1982, from Traffic Affairs
Committee, was presented..
Motion
All Ayes
x
Motion was made to adopt Ordinance No. 82 -18.
I. CONTINUED BUSINESS:
1. Report from the City Attorney regarding request of
SoCstRepe
South Coast Repertory Board of Trustees' for CITY
Artistic
OF NEWPORT BEACH'S CONSIDERATION OF A $10.,000
(76)
GRANT TO ENSURE THEIR CONTINUED ARTISTIC GROWTH,
was presented.
The City Clerk advised that after the printing of-
the agenda, a letter was received from Ron Ochs,
Vice- President of the Board of Trustees of South
Coast Repertory, in support of their request. .
The City.Manager reported that since the last City
Council meeting, the Arts Commission, at their
meeting of August 12, appointed a subcommittee to
review this request and report back to the Com-
mission on September 9.
.
Volume 36 - Page 264
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CITY OF NEWPORT BEACH
C UNCIL MEMB RS MINUTES
s
ROLL CALI �� N August 23_ 19R2
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In view of the foregoing, it was recommended this
item be continued to the Council meeting of
September 13.
Harriette F. Witmer, 219 Evening Canyon Road, Vice
President of Board of Trustees, South Coast
Repertory, addressed the Council in support of
their request. She stated she favored "partner-
ships" to satisfy the need for community cultural
growth through continued theatre arts programs.
She urged the Council to join with the City of
Costa Mesa and the County of Orange, and support
their organization.
Motion
x
Motion was made to continue the subject item to
All Ayes
September 13, as recommended by the Arts Commis-
sion.
2. NEWPORT BEAUTIFICATION CITIZENS ADVISORY COMMITTEE:
NB /CAC
(24)
Motion
x
Motion was made to defer (District 7) Council
All Ayes
Member Cox's appointment to September 13, to fill
the unexpired term of Richard Foxx, ending Decem-
ber 31, 1982.
J. CURRENT BUSINESS:
1. Report from the Planning Department regarding
PCA 576
action of the Planning Commission on August 5,
(94)
1982, denying AMENDMENT N0. 576, and recommending
that the Parks, Beaches and Recreation Commission
be directed to initiate additional studies and
prepare a plan for alternate land uses of the
site, was presented.
The City Clerk advised that after the printing of
the Agenda a letter was received from Marina Park
Homeowners Association withdrawing their request
that an overlay zone be applied to Marina Park.
Motion
x
Motion was made to direct the Parks, Beaches and
Recreation Commission to initiate additional
studies and prepare a plan for alternate uses of
the subject site.
It was suggested by Council Members that when such
a plan_is prepared, it include the value of the
property, the capital cost of setting up whatever
may be proposed, and the ongoing annual mainte-
nance cost for same.
All Ayes
The motion was voted on and carried.
2. ENVIRONMENTAL QUALITY CITIZENS ADVISORY COMMITTEE:
EQ /CAC
(24)
Motion
x
Motion was made to accept the resignation of Judy
All Ayes
Cooper with regret, and to defer (District 6)
Council Member Hummel's appointment to September
13, to fill her unexpired term ending December 31,
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1982.
Volume 36 - Page 265
on
Ayes
Motion
All Ayes
Motion
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Ayes
Noes
Motion
x
ix
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CITY OF NEWPORT BEACH
MINUTES
August 23, 1982
3. BICYCLE TRAILS CITIZENS ADVISORY COMMITTEE:
Motion was made to accept the resignation of
Barbara Kimbrell with regret, and to confirm
(District 1) Council Member Strauss' appointment
of Frances Fatter to fill the unexpired term of
Barbara Kimbrell ending December 31, 1982.
Motion was made to accept the resignations of
Robert A. Patterson, and Gary Schaumburg with
regret, and to defer (District 3) Mayor Pro Tem
Hart's appointments to September 13, to fill their
unexpired terms ending December 31, 1982.
4. Report from the City Attorney and City Clerk
Election/
regarding REFERENDUM ON RESOLUTION 82 -41 (GPA 81-
GPA 81 -1 Ref
1), AND AUTHORIZING EITHER THE PRINTING OF THE
(39)
RESOLUTION OR A SYNOPSIS OF THE RESOLUTION, was
presented.
Council Member Maurer indicated he felt the elec-
torate should receive Resolution No. 82 -41 in its
entirety because of its importance, and therefore,
motion was made to authorize the printing of the
resolution in full.
Council Member Strauss stated that, inasmuch as
the resolution is 57 typewritten pages, (8'&1 x 11)
and is "terribly oppressive" to look at and
consider, in view of all other reading material
included with the sample ballot such as candidate
statements, ballot arguments for and against
measures, etc., he thought the resolution would
burden the voter and that it would be much better
to summarize the contents of the resolution and
let the electorate request the full resolution, if
that is their desire. To print the resolution
would be inefficient in his opinion.
The motion to print the resolution in full was
voted on and carried.
5. Memorandum from Council Member Hummel regarding
U/P 822(A)
CHURCH SITE DESIGNATIONS, was presented.
St. Andrews
(88)
Council Member Maurer, member of the St. Andrews
Church Ad -Hoc Committee, made a motion to refer
the subject letter to said committee for review.
It was noted that the public hearing on St.
Andrews Church use permit had been continued to
September 13, 1982.
Council Member Hummel indicated that the purpose
of his letter to the Council was to request addi-
tional information from the staff which could be
passed on to the church ad -hoc committee. He
Volume 36 - Page 266
CITY OF NEWPORT BEACH
C UNCIL ME B RS MINUTES
Rol I \r3 August 23, 1982 iunry
stated it was his understanding that the Planning
U/P 822(A),
Department is considering a planned - community
St.. Andrews
development for the use of the Castaways property,
and he does not know if a church site is being
provided in that development.
It was indicated by the City Attorney that,
inasmuch as the Sit. Andrews Church application was
still pending., the land -use issue referred to by
Council Member Hummel should be considered sepa-
rately from the church.
Motion
x
Following comments, substitute motion was made by
Council Member Hummel to direct the Planning
Department to report back on the procedures
available to designate a church site on the Casta-
ways property after a determination has been made
by the Council on the application of St. Andrews
Church.
In response to Council inquiry, the Planning
Director advised that his staff was presently
working with The.Irvine Company on the preparation
of a planned - community development plan and the
environmental documentation for the Castaways
site. To date, nothing has been completed and no
public hearing has been scheduled.
Motion
x
Following discussion, substitute motion was made
Ayes
x
x
x
to table the subject item, which motion FAILED.
�s
x
x
x
x
Ayes
x
The substitute motion made by Council Member
Noes
x
x
x
x
x
Hummel, as set forth in the foregoing, was voted
Abstain
x
on and FAILED.
Ayes
x
x
x
x
x
The original motion made by Council Member Maurer,
Noes
x
as set forth in the foregoing, was voted on and
Abstain
x
carried.
K. Additional Business: None.
The meeting was adjourned at 9:10 p.m.
AV
Mayor
ATTEST:
City Clerk
Volume 36 - Page 267