HomeMy WebLinkAbout06/22/1981 - Regular MeetingC UNCIL ftflE B RS
ys
�� �
ROLL CALL �o
�" � ' °� "•' is �_ � �
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: June 22, 1981
MINUTES
INOEM
)w
Present
x
x
x
x
x
A. ROLL CALL.
Absent
x
x
Motion
x
B. The reading of the Minutes of the Meeting of
Ayes
June 8, 1981, was waived, approved as written and
A1
ordered filed.
Motion
x
C. The reading of all ordinances and resolutions
All Ayes
under consideration was waived, and the City Clerk
was directed to read by titles only.
D. HEARINGS:
1. Mayor Heather opened the continued public hearing
Official
regarding PROPOSED INCREASES IN BOTH PRIVATE AND
Police T<
OFFICIAL POLICE TOWING RATES FOR HARBOR AND G & W
Rates
TOWING COMPANIES.
(70)
A report from the City Manager, was presented.
G. Wayne Miller, G & W Towing, Inc., addressed the
Council, stating that this request is to cover
their cost of operation increases, which have
occurred since May, 1980. He briefly discussed
the current and proposed rate for automobile
storage.
Hearing no others wishing to address the Council,
the public hearing was closed.
Motion
x
Resolution No. 10061 was adopted, establishing tow
R -10061
All Ayes
charges, storage rates and after hour release fees
for official Police Tow Truck Services and approv-
ing the tow truck rate schedules for tow services
within the City of Newport Beach for G & W Towing,
Inc. and Harbor Towing and rescinding Resolution
No. 9758 and Resolution No. 9738 as it relates to
G & W Towing Inc., and Harbor Towing.
2. Mayor Heather opened the public hearing regarding
0 -1882
Ordinance 1882, being,
Zone Amnd
P/C 562
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
(94)
AMENDING SECTIONS 20.13.025 AND 20.14.025 OF
THE NEWPORT BEACH MUNICIPAL CODE DELETING
REFERENCES TO THE "TWO LIVABLE STORY" LIMIT
FOR RESIDENTIAL CONSTRUCTION IN THE R -1 AND R-
1.5 DISTRICTS,
PLANNING COMMISSION AMENDMENT NO. 562, a
request initiated by the City of Newport Beach
to amend Title 20 of the Municipal Code to
delete reference to the "two livable story"
limit for residential construction in the R -1
and R -1.5 Districts.
A report from the Planning Department, was pre-
sented.
Volume 35 - Page 164
•
)w
CITY OF NEWPORT BEACH
C UNCIL MEMR RS MINUTES
ROLL CALL J'J+ 'p June 22, 1981 INDEX
Sue Ficker, 110 Ninth Street, Balboa Peninsula,
addressed the Council, stating she felt the pro -
posed ordinance would be detrimental to the traffic
situation on the Peninsula, inasmuch as small
structures will now be replaced with 2 -or 3 -story
•
buildings.
Hearing no others wishing to address the Council,
the public hearing was closed.
Motion
x
Ordinance No. 1882, amending Title 20 of the
All Ayes
Newport Beach Municipal Code to delete references
to the "two livable story" limit for residential
construction in the R -1 and R -1.5 Districts, was
adopted.
3. Mayor Heather opened the public hearing regarding
Tr 10391/
TENTATIVE MAP OF TRACT NO. 10391, a request of J.M.
11377/11043
PETERS COMPANY, INC., Newport Beach, to amend a
condition of approval of the Tentative Map of Tract
No. 10391 as incorporated into the conditions of
approval for the Tentative Map of Tract No. 11377
and the Final Map of Tract No. 11043, relating to
the maintenance of the proposed public park located
at the southwesterly corner of MacArthur Boulevard
and Bison Avenue in the Aeronutronic Ford Planned
Community.
A report from the Planning Department, was pre-
sented.
A report from the Parks, Beaches 5 Recreation
•
Director, was presented.
It was noted that, at its meeting of May 21, 1981,
the Planning Commission voted unanimously to
recommend to the City Council the amendment of
Condition No. 46, as follows:
"46. That the Applicant and the City shall be
subject to the following responsibilities
relative to the design, improvement, and
maintenance of the public park located at the
southwesterly corner of Bison Avenue and
MacArthur Boulevard:
A. The J. M. Peters company, Inc., shall
install and maintain all landscaping on
the perimeter and buffer slopes of the
park (except for the Turkish Rugging
areas discussed below), until such time
as the Homeowners' Associations are
formed, who will then be responsible for
the maintenance of said slope areas. The
perimeter and buffer slopes are approxi-
mately five acres.
B. That J. M. Peters Company, Inc., shall
retain a landscape architectural firm to
•
Volume 35 - Page 165
CITY OF NEWPORT BEACH
C UN CIL ME t3 RS MINUTES
S
G
ROLL CAN n� r....e vo iooi .new
prepare preliminary and working drawings
for the park. Said plans shall be
developed under the direction of the
Director of Parks, Beaches and Recreation
•
and shall be subject to his approval.
C. The City shall assume all maintenance
responsibility for the flat portion of
the park and Turkish Rugging areas. The
flat park and Turkish Rugging areas are
approximately five acres.
In addition, the Applicant, the Parks, Beaches
and Recreation Commission, and the staff had
recommended a fourth provision as follows:
D. The City shall analyze the Turkish
Rugging area to determine if this natural
area needs to be preserved or if it can
be incorporated into the landscaped park
area."
Bob Trapp, representing J. M. Peters Company,
addressed the Council and displayed an exhibit of
the park proposal. He stated that their firm is
proposing to install the slope buffer area around
the perimeter of the park, which will eventually be
turned over to the 'homeowner's association for
long -term maintenance. They will also prepare
working drawings for the park.
Discussion ensued with respect to vehicular
•
access to the park and the consideration of accept-
ing in -lieu fees.
Motion
x
Following consideration, the public hearing was
All Ayes
continued to July 14, 1981; the Parks, Beaches and
Recreation Commission was directed to consider and
report back on acceptance of in -lieu fees; and
staff was directed to report back on whether the
Turkish Rugging is an endangered species and should
be preserved, or if it can be incorporated into the
landscaped park area.
4. Mayor Heather opened the public hearing on the
Vespignani
APPEAL OF DANTE A. VESPIGNANI from denial of Skill
Skill Game
Game Permit at 129 Agate Avenue, Balboa Island
Permit
(Goldenwest Landromat).
(65)
A report from the Assistant City Attorney, was
presented.
The City Clerk advised that, after the printing of
the agenda, she had received 12 letters from
residents of Balboa Island, opposing the location
of the electronic games, and urging denial of the
application.
Volume 35 - Page 166
•
CITY OF NEWPORT BEACH
C UNCIL ME 8 RS MINUTES
ROLL CALL` June 22. 1981 1rancv
The City Attorney advised, that his office had pre-
pared a Stipulation of facts regarding the appeal,
which he distributed to the Council and the City
Clerk for the official records. He stated that his
office, the City Manager, and Appellant believe
•
that the facts set forth in the Stipulation substan-
tially represent the facts of the amusement device
operation at the Coldenwest Laundromat.
Gene Baum, President of Balboa Island Improvement
Association, addressed the Council, advising that
their Association had written a letter to the City
Manager in April, requesting the electronic games
not be permitted at the subject location.
Eric Tabb, owner of Pacific Amusement Associates,
addressed the Council, advising that he operates
electronic and video games at Don Shir's Restaurant
across the street from the Goldenwest Landromat,
under permit from the City. He stated that the
Appellant is operating without the benefit of a
permit. He felt there was a saturation point
involved, and pointed out that the games at the
laundromat are not supervised, as those that are
located within the restaurant.
Don Dean, owner of Don Shir's Restaurant, located
across the street from the subject property, stated
that he had received a Skill Game Permit from the
City in January. The restaurant is open from 12:00
Noon to 9:00 p.m., six days a week, and the games
are closely supervised.
•
Hearing no others wishing to address the Council,
the public hearing was closed.
Motion
x
The decision of the License Supervisor was sus -
All Ayes
tained, and the application for Skill Game Permit
at 129 Agate Avenue, Balboa Island ( Goldenwest
Laundromat) was denied, based on the following:
a) That Dante Vespignani (Appellant) is the
proprietor of the laundromat located at 129
Agate Avenue, Balboa Island;
b) That Appellant has installed four video
games in the laundromat without first obtain-
ing an Amusement Device Permit to do so from
the City of Newport Beach;
c) That the City Manager, through his duly
authorized license supervisor, denied the
permit;
d) That the presence of the video games in
the laundromat tends to attract large numbers
of young persons to the business and that
those persons often engage in loud and bois-
terous, conduct and use profane language such
that adjacent and nearby residents are dis-
turbed and annoyed;
e) That the presence of the young persons and
the conduct that they engage in, including the
drinking of alcoholic beverages, constitutes
an unreasonable police problem and will con-
•
tinue to generate an excessive number of
police responses to the laundromat;
Volume 35 - Page 167
CITY OF NEWPORT BEACH
C
UN ICE B RS MINUTES
ti �ro
ROL_I CA] Jime 22 1QR1
--
-
1nur.x
f) That the presence of a supervisor and
limitation of the hours during which the
machines are in operation may serve to reduce
the problems related to noise and offensive or
illegal conduct but, will not make it likely
that noise generated by persons attracted to
the video games will not disturb the peace and
quiet of the neighborhood, nor will such
supervision render it likely that unreasonable
police problems will not exist.
E. PUBLIC COMMENTS:
1. Chris Gustin, President, Newport Beach Professional
NB/Prof &
and Technical Employees Association, addressed the
Tech Empl
Council, and submitted a prepared document regard-
C -2051
ing their contract negotiations for Fiscal Year
(38)
1981 -82.
Mr. Gustin stated that their membership voted to
reject the final offer made by the City's negotiat-
ing group, which is as follows:
a) Salary increase of 6.2 %;
b) City will pay one -half (3.5 %) of the
employee's PERS Contribution Rate; and
c) An increase in the maximum Major
Medical Insurance Coverage from Two
Hundred Fifty Thousand Dollars ($250,000)
to unlimited.
Mr. Gustin stated that the offer was rejected for
the reasons as set forth in his prepared statement.
A request was made that the current negotiations
take into consideration the increases anticipated
by the survey cities for the Fiscal Year 1981 -82,
and that future negotiations be based upon the
three highest cities for each benchmark position.
Mr. Gustin stated that the following salary and
benefit package provides for a 9.3% increase for
parity, as indicated by the City's survey, and an
additional 4.4% increase, representing a low esti-
mate of the average increases expected in the three
cities surveyed:
a) Salary increase of 10.2 %;
b) City will pay one -half (3.5 %) of the
employee's PERS Contribution Rate;
and
c) The increases in Major Medical Insurance
Coverage as proposed by the City.
In conclusion, Mr. Gustin stated that they would
like to have an interpretation of the
J -1 City Council Policy (City Employees Compen-
sation), which would be satisfactory to both the
Newport Beach Professional and Technical Employees
Association, and the City's negotiations group.
Jimmy D. Larsen, Member, Newport Beach Professional
and Technical Employees Association, addressed the
Volume 35 - Page 168
CITY OF NEWPORT BEACH
C UNCIL MEMB RS MINUTES
ROLL CALL` �'n A June 22_ 1981 iwnsv
Council and presented a graph showing the salaries
of various positions, using the Cities of Anaheim,
Huntington Beach and Santa Ana for comparison.
•
Mr. Larsen stated that the source of the survey was
through the League of California Cities. He felt
it.was appropriate to use the Cities of Anaheim and
Huntington Beach as a comparison, but did not feel
the City of Santa Ana should be included as one of
the top three cities.
Following consideration by the Council; comments by
the City Manager; and there being no objections;
this item was referred back to the respective
negotiating groups.
2. James de Boom, President, Orange Coast Family Young
Orange Coast
Mena' Christian Association, addressed the Council
YMCA /Organz
requesting the City set aside 10% of its annual
(61)
Revenue Sharing allocation to be used to help fund
local "human services."
Mr. de Boom stated that local human services would
include those items related to shelter, food and
health. He suggested the City Council appoint a
committee of the City Manager, Chief of Police,
Director of Parka, Beaches and Recreation, and two
agencies for funds needed to provide shelter, food
and health services to those residents from the
community.
It was noted that 10% of the City's Revenue Sharing
funds was approximately $40,000.
F. CONSENT CALENDAR:
Motion
x
The following actions were taken as indicated except for
All Ayes
those items removed:
1. ORDINANCES FOR INTRODUCTION:
For introduction and schedule for Public Hearing on
July 14, 1981;
(a) Proposed Ordinance No. 1883, being, AN ORDI
0 -1883
NANCE OF THE CITY OF NEWPORT BEACH ADDING
Pkg Perm
CHAPTER 12.68 TO THE NEWPORT BEACH MUNICIPAL
(63)
CODE RELATING TO RESIDENTS' PARKING REGULATIONS
AND PERMITS AND ESTABLISHING A RESIDENTS'
PARKING PERMIT SYSTEM FOR NEWPORT ISLAND, and
the acceptance of a Negative Declaration. (A
report from the Traffic Engineer)
For introduction and pass to second reading on July
14, 1981:
(b) Proposed Ordinance No. 1884, being, AN ORDI-
0-1884
NANCE OF THE CITY OF NEWPORT BEACH AMENDING
Pers /Class
SECTION 2.12.100 OF THE MUNICIPAL CODE DESIG-
(66)
NATING THE PUBLIC WORKS DIRECTOR AS THE CITY
ENGINEER PRO TEM.
Volume 35 - Page 169
CITY OF NEWPORT BEACH
C UNCIL ME B RS MINUTES
G
ROLL CALLS Gt � .Tune 22. 1gR1
-
I
g l®uch
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 10062 authorizing the Mayor
Worker's
•
and City Clerk to execute an Agreement between
the City of Newport Beach and Bierly & Associ-
Comp Ins/
Bierly &
ates for Workers' Compensation Claims adjust -
Assoc
ing services (1981 -82). (A report from the
R -10062
City Manager)
C -2192
(38)
(b) Resolution No. 10063 adopting the "City of
Newport Beach Emergency Disaster Plan" dated
Emergency
June 1981, and rescinding Resolution No.
Disaster Pln
9105. (A report from the City Manager)
R -10063
(87)
(c) Resolution No. 10064 amending Subsection A of
Harbor Perm
Section 12 of the Harbor Permit Policies
Policies/
relating to the Schedule of Fees for Permits
Fees
to become effective July 1, 1981, and rescind-
R -10064
ing Resolution No. 9781. (A report from the
(51)
City Manager)
(d) Resolution No. 10065 modifying Annual Pier
Revenue
Fee pursuant to Section 17.33.030 of the
Measures/
Newport Beach Municipal Code to become effec-
Pier Fees
tive July 1, 1981, and rescinding Resolution
(40)R -10065
No. 9819. (See report with F -2(c))
(e) Resolution No. 10066 modifying fee to $285.00
Revenue
for permits for Commercial Activities on the
Measures /Fees
waters of Newport Harbor, and rescinding
Resolution No. 9590 to become effective July
R -10066
(40)
1, 1981 and rescinding Resolution No. 9783.
(See report with F -2(c))
(f) Resolution No. 10067 modifying Sewer Use
Revenue
Charge as required by Section 14.24.065 of
Measures /Fees
the Newport Beach Municipal Code, to become
R -10067
effective July 1, 1981 and rescinding Resolu-
(40)
tion No. 9815. (See report with F -2(c))
(g) Resolution No. 10068 modifying Subdivision
Revenue
and Tentative Map Filing Fees in connection
Measures /Fees
with Title 19 of the Newport Beach Municipal
R -10068
Code, to become effective July 1, 1981 and
(40)
rescinding Resolution No. 9786. (See report
with F -2(c))
(h) Resolution No. 10069 modifying Filing, Appeals
Revenue
and other Fees relating to Zoning Actions in
Measures /Fees
connection with Title 20 of the Newport Beach
R -10069
Municipal Code to become effective as of July
(40)
1, 1981, and rescinding Resolution No. 9785.
(See report with F -2(c))
(i) Resolution No. 10070 modifying Sign Permit
Revenue
and Residential Building Record Fees in
Measures /Fees
connection with Title 15 of the Newport Beach
R -10070
Municipal Code, to become effective July 1,
(40)
•
1981 and rescinding Resolution No. 9784.
(See report with F -2(c))
Volume 35 - Page 170
r� t
C UN ME M8 RS MINUTES
�3 shy
RAI I CAI 1 �n .D .h.ne 22_ 1981 isir
(j) Resolution No. 10071 approving an Assignment
Beacon Bay
of Lease (Beacon Bay) - Easterly portion
Lease
Balboa Yacht Basin) from The Irvine Company,
R -10071
and rescinding Resolution No. 10050. (A
from City Attorney)
C -2270
(38)
report the
(k) Resolution No. 10072 approving a Consent and
Beek, et al
Agreement between the Beek, et al, and the
C /Agent
City of Newport Beach regarding the assign-
R -10072
ment of the Balboa Yacht Basin Lease. (A
C -2270
report from the City Attorney)
(38)
(1) Resolution No. 10073 awarding a Contract (No.
Trf Signals/
2267) to William R. Hahn in connection with
Safety ltg
Modification of Traffic Signals and Safety
R -10073
Lighting at Various Locations. (A report
C -2267
from Public Works - Traffic Engineer)
(38)
(m) Resolution No. 10074 authorizing the Mayor
Insurance
and City Clerk to execute an Agreement for
(Self) /Adm
Professional Services for Self- Insurance
R -10074
Administration between the City of Newport
C -2097
Beach and Riviera Adjusters. (A report from
(38)
the Personnel Director)
(n) Resolution No. 10075 awarding a Contract for
Legal Adv/
the Publication of Legal Notices and other
City Clerk
matters and designating an Official Newspaper
R- 10075
for publication of notices, and rescinding
(20)
Resolution No. 9789. (A report from the City
Clerk)
•
(o) Resolution No. 10076 establishing the salaries
Pers /Class
of Management, and other Key Employees for
Key & Mgmt
the 1981 -82 Fiscal Year and authorizing the
(66)R -10076
Compensation Plan and Table of Authorization
to reflect said changes. (Attached)
(p) Removed from the Consent Calendar.
(q) Resolution No. 10078 awarding a Contract (No.
Prospect St/
2150) to Jerry Cross Paving Co., Inc., in
WCHyw /Seashr
connection with Prospect Street Construction
R -10078
between West Coast Highway and Seashore
C -2150
Drive. (A report from the Public Works
(38)
Department)
(r) Resolution No. 10079 awarding a Contract (No.
Pumper Test
2069) to P.E.R., Inc., of Orange in connec-
Pit /Npt Ctr
tion with Construction of Pumper Test Pit at
Fire Sta
Newport Center Fire Station. (A report from
R -10079
the Public Works Department)
C -2069
(38)
(s) Resolution No. 10080 approving the Memorandum
of Understanding negotiated by representatives
M- O -U /NB
of the Newport Beach Ocean Lifeguard Associa-
Lifeguards
tion and the City's representatives. (A report
R -10080
from the Personnel Director)
C -2058
(38)
•
Volume 35 - Page 171
j6fl FO (A Mi
C UNCIL ME B RS MINUTES
RAI I CAI I n� .Tune 22_ 1981 uinrN
(t) Resolution No. 10081 approving the Memorandum
M- O- U /NBCEA
of Understanding negotiated by representatives
R -10081
of the Newport Beach City Employees' Associa-
C -2059
tion and the City's representatives. (At-
tached with Memorandum of Understanding) (See
(38)
report F -2(s))
(u) Resolution No. 10082 establishing a Disability
Pars Class/
Retirement Review Board to review, consider
Disability
and act on Disability Retirement Applications
Ret /Rev Bd
submitted by Public Safety Employees of the
R -10082
City of Newport Beach. (A report from the
(66)
City Attorney)
(v) Resolution No. 10083 increasing the Basic
Water Qlty
Water Quality Rate from 509 per hundred cubic
Rate
feet to 54C per hundred cubic feet, effective
R -10083
July 1, 1981. (A report from the Utilities
(40)
Director)
(w) Resolution No. 10084 reclassifying the Assis-
Pers /Class
tant City Engineer position to City Engineer.
R -10084
(A report from the Public Works Director)
(66)
3. COMMUNICATIONS - For referral as indicated:
(a) To the Pending Legislation and Procedural
Resolutions/
Ethics Committee, Resolution No. 81 -50 of the
City of Brea
Council of the City of Brea endorsing the
(77)
concept of local control of Cable Television
Franchises and supervision of such franchise
operations.
(b) To the Planning Commission for inclusion in
Plang /Com
their records, Petitions #7, 8 and 9 from
(67)
Cliff Haven residents in favor of Resubdivi-
sion No. 686.
(c) To Public Works Department for investigation
Encroachmt
and reply, a letter from Rita Jamieson con-
(65)
cerning alleged encroachment in the vicinity
of 54th Street.
(d) To the Aviation committee for report back,, a
0/C
letter from the Airport Action Association
John Wayne
regarding the City's stand on John Wayne
Airport
Airport.
(58)
4. COMMUNICATIONS - For referral to the City Clerk for
inclusion in the records:
(a) A letter from Don Livingstone regarding house
fires, suggesting the City utilize a heli-
copter water drop.
(b) A letter from Mr. and Mrs. Joseph F. Mariscal,
complimenting the City, and City staff on the
completion of reconstruction and modifications
of the bridge on Marine Avenue.
•Volume
35 - Page 172
CITY OF NEWPORT BEACH
C UNCIL ME B RS MINUTES
'y � -o
�G y9���G�
��
ROLL CALL Jo T.. . ?? tout wnry
- -
-
- -- - -
41wc^
(c) A letter from Barry F. Chaitin, regarding the
City's stand on John Wayne /Orange County
Airport expansion.
(d) A letter to Chief of Police, Charles Gross,
expressing thanks for proficient cooperative
efforts displayed by the Newport Beach Police
Department in responding to an alleged broken
entry /burglary call on June 5, 1981 by Lois M.
Mart.
(e) A letter from Al "King Alfonso" Lizanetz
regarding his ongoing campaign against Seagram
Distillery.
(f) A letter from the Irvine Terrace Community
Association regarding General Plan 80-3.
(g) Letters from Jack E. Groth, George H. Ochsner,
Jan N. Bickslee, Alan L. Blum, Marilyn Mac -
Intyre and Hugh L. Smith, regarding Newport
Center expansion.
(h) Friends of Oasis Minutes of May 18, 1981.
(i) Memorandum from State of California -- Health
and Welfare Agency, Department of Health
Services regarding public rabies vaccination
clinic fees in Los Angeles /Orange Counties new
approved fee of $3.00.
(j) Local Agency Formation Commission of Orange
County communications regarding:
1) Minutes of May 27, 1981; and
2) Preliminary Agenda for June 24, 1981.
(k) Application before Public Utilities Commission
of State of California regarding The Gray Line
Tours Company for Certificate of Public Con-
venience and Necessity to extend operations as
a passenger stage corporation.
(1) Notice of Public Hearings and of Amendment to
Pacific Telephone's offset rate increase
application.
(m) Agenda of the Orange County Board of Super-
visors meetings of June 9 and 10, 1981.
5. CLAIMS FOR DAMAGES -
(36)
For denial and confirmation of the City Clerk's
referral to claims adjuster:
(a) Claim of Susan A. Gordy for personal injuries
Gordy
allegedly sustained on May 22, 1981 at City
Park on River Drive, due to sharp object in
bay which claimant feels could be a drainpipe.
Volume 35 - Page 173
CITY OF NEWPORT BEACH
C UNCIL ME B RS MINUTES
S �q
ROLL CALL ��+ 9 June 22. 1981 INDEX
(b) Claim of John Purcell for personal injuries
Purcell
allegedly sustained from unreasonable and
unjustifiable arrest on March 8, 1981, at
•
Pacific Coast Highway.
For rejection - Not timely filed:
(c) Late claim of James D. Miller for reimburse -
Miller
ment for stolen bicycle allegedly recovered by
Newport Beach Police Department in April,
1981.
6. SUMMONS AND COMPLAINTS - For confirmation of the
(36)
City Clerk's referral to claims adjuster:
(a) Summons and Complaint of Sandra L. King for
King
personal injuries, Superior Court Case No.
354 -456. The original claim was filed on
September 17, 1980, and denied by City Council
on October 14, 1980.
7. REQUEST TO FILL PERSONNEL VACANCIES - For approval;
(66)
(A report from the City Manager)
(a) One Typist Clerk II, City Clerk's Office, to
fill a vacant position.
(b) One Library Clerk I, Library Services Depart-
ment, to fill a vacant position.
(c) One Emergency Equipment Dispatcher, Police
•
Services Department, to fill a vacant posi-
tion.
(d) One Equipment Mechanic I, Equipment Mainte-
nance Division, to fill a vacant position.
(e) One Building Maintenance Leadman, Building
Maintenance Division, to fill a vacant posi-
tion.
8. STAFF AND COMMISSION REPORTS: - For Council infor-
mation and approval:
(a) Report from the City Manager regarding a
Council
proposed AMENDMENT TO COUNCIL POLICY
Policy F -20
F -20, "Reserve Fund for Culture and Arts."
(69)
(b) Report from the City Manager regarding the
CATV
expiration of Community Cablevision fran-
(42)
chise.
(c) Removed from the Consent Calendar.
9. PUBLIC HEARING SCHEDULING: None.
10. BALBOA ISLAND BRIDGE REHABILITATION (C -2014) -
BI /Bridge
Accept the work; authorize the City Clerk to file a
C -2014
Notice of Completion; and authorize the City Clerk
(38)
to release the bonds 35 days after Notice of Com-
pletion has been filed. (A report from the Public
Works Department)
Volume 35 - Page 174
CITY OF NEWPORT BEACH
C UNCIL ME 8 RS MINUTES
y
ROLL CALL` �n 'A .Tune 22 _ 1981 i unCv
11. Removed from the Consent Calendar.
12. SPYGLASS HILL COMMUNITY ASSOCIATION REQUEST FOR '
Spyglass
•
EXPENDITURES FROM SPYGLASS HILL RESERVE FUND -
Approve the expenditures, as listed in priority,
Hill Rsry Fnd
(40)
and authorize a Budget Amendment of $47,200 to be
appropriated from the Spyglass Reserve Fund. (A
report from the Parks, Beaches and Recreation
Director)
13. LITTER CONTROL CITIZENS ADVISORY COMMITTEE - Accept
LC /CAC
with regret, the resignation of Ninfa J. O'Brien;
(24)
and direct the City Clerk to prepare a Certificate
of Appreciation and place on the Agenda for July 14
for appointment of replacement member.
14. ORANGE COUNTY HEALTH PLANNING COUNCIL - Direct the
OCH /Plug Cncl
City Clerk to reconfirm in writing, the appointment
(57)
of Harry G. Bubb as the City's current representa-
tive to the OCHP Assembly of Delegates.
15. BUDGET AMENDMENTS: - For approval:
(25)
BA -073, $226,320.00 Increase in Budget Appropria-
tions for purchase of oil wells, miscellaneous
equipment and land parcels; Tide and Submerged
Lands Fund.
BA -074, $17,485.64, Transfer in Budget Appropria-
tions for Prospect Street Construction between
West Coast Highway and Seashore Drive; Bulkhead
and Harbor Street End Improvement Fund.
•
BA -075, $3,544.74, Transfer in Budget Appropria-
tions for Prospect Street Construction between
West Coast Highway and Seashore Drive; Street
Light Conversion Program Fund.
BA -076, $103,169.00 Transfer in Revenue Estimates
for uninsured medical benefits; General Fund.
BA -077, $4,026,403.43, Transfer to Appropriations
Reserve; General Fund.
BA -078, $183,409.80, Transfer to Appropriations.
Reserve; Park and Recreation Fund.
BA -079, $62,923.16, Transfer to Appropriations
Reserve; Library Fund.
BA -080, $109,765.72, Transfer to Appropriations
Reserve; State Gas Tax Fund (2107).
BA -081, $253,900.00, Transfer to Appropriations
Reserve; State Gas Tax Fund (2106).
BA -082, $231,000.00, Transfer to Appropriations
Reserve; Arterial Highway Financing Fund.
Volume 35 - Page 175
•
CITY OF NEWPORT BEACH
C UNCIL ME B RS MINUTES
tiG ti9 9s� G ��
RAI I CAI June 22. 1981 1 NDFX
BA -083, $104,258.66, Transfer to Appropriations
Reserve; Tide and Submerged Lands Fund.
BA -084, $523,831.25, Transfer to Appropriations
•
Reserve; Contribution Fund.
BA -085, $111,875.71, Transfer to Appropriations
Reserve; Building Excise Tax Fund.
BA -086, $5,000.00, Increase in Budget Appropria-
tions and Revenue Estimates for purchase and
processing of books for Coastline Community
College; Library Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
Motion
x
1. The position of Library Information Coordinator
Library
All Ayes
will be reconsidered at the July 27 Council meet-
(50)
ing.
Motion
x
Resolution No. 10077 adopting the Budget for the
Finance/
All Ayes
1981 -82 Fiscal Year, was adopted.
Budget'81 -82
R -10077
2. Council Member Plummer made reference to the
Ballard /Jones
APPLICATION OF DAVID BALLARD, CHUCK JONES AND
& Clarke
WILLIAM CLARKE TO ENCROACH up to 6 feet into
Encrchmt
public right -of -way with a 6 -foot high slumpstone
(65)
wall at 5520 River Avenue. Following comments,
she suggested this item be continued in order to
allow the Council to view the site in question.
David Ballard, Applicant, addressed the Council,
•
and submitted photographs of other homes adjacent
to the property in question. He stated that he had
begun construction of the concrete slumpstone wall
between the two homes for which he had obtained a
permit. He stated that he had planned to provide
a concrete sidewalk and planter arrangement in
front of the wall to give easier access to pedes-
trians and people parking to use the public tennis
courts and the beach, and urged the Council to give
favorable consideration to his request. He stated
he felt the encroachment permit should be granted
for the reasons set forth in his letter of June 16,
1981.
It was noted in the report of the Public Works
Department that denial of the encroaching portion
of the fence at 5520 River Avenue was recommended,
as it was felt there was no justification for an
exception to the provisions of Council Policy L -6.
The staff has advised the Applicants that the
proper procedure for consideration of the requested
6 -foot high fences in the front yard setback area
at 5512 and 5516 River Avenue, is to submit an
application to the Modifications Committee.
Motion
x
The item was postponed to July 27, 1981, to allow
Ayes
x
x
x
Council an opportunity to view the site.
Noes
x
x
•
Volume 35 - Page 176
• r , 1 t i, r
MIX
t
..
C UNCIL ME B RS MINUTES
ti �A
ROLL CALL �9 9 June 22 1981 INOEX
Motion
x
3. The request of PARKS, BEACHES AND RECREATION COM-
PB &R Cam
All Ayes'
MISSIONER BRENDA ROSS FOR LEAVE OF ABSENCE from
(24)
July 1 through September 1, 1981, was granted; but
the request to allow Kenneth Schwarz to substitute
in the interim, based on provisions of the City
Charter, was denied.
H. ORDINANCES FOR ADOPTION: - None.
I. CONTINUED BUSINESS:
1. NOMINATIONS FOR BOARD AND COMMISSION VACANCIES by
Boards /Com
the Appointments Committee, for appointment by the
(24)
City Council on July 14, 1981, are as follows:
PARKS, BEACHES AND RECREATION
COMMISSION
Motion
x
Accepted the Appointments Committee's nomina-
All Ayes
tion of:
Lucy de Mocskonyi
Rae Cohen (nominated June 8, 1981)
Appointment to be made on July 27, 1981,
when full Council will be present.
2. A report from the Parks, Beaches & Recreation
Npt -Mesa
Director regarding AGREEMENT TO PROVIDE SCHOOL
Lndscp Mntnc
DISTRICT FACILITIES FOR LANDSCAPE MAINTENANCE
C -2271
IR
SERVICES, was presented.
(38)
Mion
x
Resolution No. 10085 was adopted, approving an
R -10085
All Ayes
Agreement between the City of Newport Beach and
the Newport -Mesa Unified School District regarding
Landscape Maintenance and Facilities use; and
Resolution No. 10086 was adopted, amending the
R -10086
Table of Authorization by adding an additional
Groundsman Gardner I position thereto.
3. A report from the Public Works Department regard-
Summit St/
ing SUMMIT STREET IMPROVEMENTS, was presented.'
Impvms
(82)
Motion
x
Action on the foegoing improvements was deferred,
All Ayes
until such time as consideration is given to the
Pacific Electric Right -of -Way improvements.
J. CURRENT BUSINESS:
1. Report from the Planning Department regarding the
Upper Npt
208 EARLY ACTION AND ITERIM PLAN FOR THE CONTROL
Bay /Sedmtn
OF SEDIMENTATION IN UPPER NEWPORT BAY and the
(51)
acceptance of an Environmental Document, was pre-
sented.
Volume 35 - Page 177
C UNCIL ME B RS
ROLL CALLS
June 22. 1981
_. .,
MINUTES
uncv
Don Simpson, Project Engineer, advised that permit
applications had been filed with the State Coastal
Commission, Corps of Engineers, and the State
Regional Water Quality Control Board, which should
be approved prior to September 1.
r
on
A Ayes
x
The Environmental Document, including proposed
mitigation measures, Statement of Facts, and
Statement of Overriding Considerations, was ap-
proved and accepted; and
Resolution No. 10087 was adopted, authorizing the
R -10087
implementation of the Early Action and Interim
Plan for the Control of Sedimentation in Upper
Newport Bay.
2. APPLICATION OF H. W. RUSSELL to construct 15 -foot-
Russell
wide curb cut and 20- foot -wide driveway approach
Encroachmt
at 2741 Ocean Boulevard, Corona del Mar, was
(65)
presented.
A report from the Public Works Department, was
presented.
Motion
x
The subject item was postponed to July 27 for more
All Ayes
information from the Applicant.
3. Report from the Transportation Plan Citizens
University
Advisory Committee regarding UNIVERSITY DRIVE
Dr /Extsn
EXTENSION EIR, was presented.
(82)
Mayor Heather reported that the County's Santa Ana
Heights Segment of the Local Coastal Program, Land
Use Plan, came before the South Coast Regional
®
Coastal Commission meeting on this date. The
Coastal staff recommended against the extension of
University Drive and requested the County be
directed to take University Drive off the Master
Plan of Streets and Highways. However, the action
of the Regional Commission was to delete any men-
tion of the Drive from the Land Use Plan, but to
indicate that on the plan that went forward to the
State Commission, University Drive would not show
on the Master Plan of Streets and Highways, with
the clear understanding that if the interested
agencies did prepare environmental documentation
and could make a persuasive case, the County would
be allowed to petition for an amendment to their
Local Coastal Plan.
Mayor Heather stated she felt that University
Drive in the City's Land Use Plan would generate
the same negative staff recommendation, and the
City should wait until the Commission took
final action.
Motion
x
In view of the foregoing, Mayor Heather made a
motion to defer this item to August 24, in
order to have a better understanding of what
the State Coastal Commission will do to the Santa
Ana Heights Segment, and the City of Newport Beach
Land Use Plans (Local Coastal Programs).
•
Volume 35 - Page 178
CITY OF NEWPORT BEACH
C UNCIL ME B RS MINUTES
lk
ROLL CALL siA June 22 1981 INDEX
Motion
x
Following discussion, substitute motion was made
Ayes
x
x
x
for authorization to obtain proposals for an EIR,
Noes
x
x
and the staff was directed to urge the Cities of
Irvine and Costa Mesa, and the County to proceed
•
with their EIR's, if necessary, for that portion
of the extension within their boundaries. The
staff was further directed to report back monthly
on the status of University Drive.
4. A report from the Ad Hoc City Council Committee on
Theatre
THEATRE POLICY, was presented.
Policy
(62)
Patti -Gene Sampson, President of the Friends of
the Newport Theatre Arts Center, addressed the
Council, and thanked the Ad Hoc Committee for
including her in their meetings. She stated that
her Board has requested this item be deferred in
order to get a clarification of the recommendation,
and to also publicly present some of their concepts
of the theatre to the Council.
Motion
x
The item was deferred to the July 27 Council meet -
All Ayes
ing; and the report was referred to the Parks,
Beaches and Recreation Commission for report back.
5. Request from the Lido Isle Community Association
Garbage /Trsh
for a SPECIAL CLEANUP DAY ON OCTOBER 10, 19B1, was
(44)
presented with a report from the General Services
Director.
Motion
x
Staff was directed to obtain cost estimate by
x
x
x
x
private contractor vs. City forces, and report
s
x
back.
K. ADDITIONAL BUSINESS:
1. Special Event Permits for FIREWORKS DISPLAYS, were
Special
presented.
Event /Perm
(65)
Motion
x
Special Event permits for Fireworks Displays were
All Ayes
approved for the following:
a) Mr. and Mrs. Alexander Bowie (at Big
Canyon Country Club on July 10);
b) Big Canyon Country Club (July 4); and
c) Newport Dunes (July 4).
Volume 35 - Page 179
CITY OF NEWPORT BEACH
C UNCIL ME B RS MINUTES
% ti99s�G��
ROI I CGI I S� .1,mn 22_ 19R1 iwncv
2. TRAFFIC STUDY -- BANNING PROPERTY.
Planning
(68)
Motion
x
Staff was directed to include the Traffic Study
Ayes
in the public hearing scheduling on subject
qW
property.
L. The meeting was adjourned to 7:30 p.m., Tuesday,
July 14, 1981. The meeting was adjourned at
10:32 p.m.
Mayor
ATTEST:
City Clerk
0
Volume 35 - Page 180
•