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Home My WebLink About09/13/1982 - Regular MeetingCOUNCIL (NE B RS \AL �9 RQLI �n M. 1 REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: September 13, 1982 MINUTES nancv Personalized Neighborhood Watch Street signs were pre- sented to residents Mr. & Mrs. Gordon Young and Ms. Barbara Long, in appreciation of their outstanding lead- ership. Police Chief Charles R. Gross gave an overview of the Neighborhood Watch Program, and stated the Police Depart- ment was very appreciative of the community's current interest and participation in the program. All Present x x x x x x x A. ROLL CALL. Motion x B. The reading of the Minutes of the Meeting of August All Ayes 23, 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 St. Andrews and City Council review of action taken by the . U/P 822(A) Planning Commission on June 24,. 1982, to approve a (88) TRAFFIC STUDY, USE PERMIT NO. 822 (AMENDED) AND RESUBDIVISION NO. 723, applications of the St. Andrews Presbyterian Church, Newport Beach, to permit the construction of a new church facility located in the R -1 and R -2 Districts at 600 St. Andrews Road, on property bounded by St. Andrews Road, Clay Street, and 15th Street, across from the Newport Harbor High School in Cliff Haven. Report from Mayor Pro Tem Hart and Council Member Maurer regarding the meetings of the Ad Hoc Commit- tee, were presented. Letters regarding St. Andrews Church proposal, were presented. The City Clerk reported that after the printing of the agenda, nine additional letters and one petition had been received from residents regarding the church proposal. Motion x Council Member Maurer, Chairman of the Ad Hoc Com- mittee, stated that the negotiations between the church and the community associations appear now to be at a point where some solutions could be made, and therefore, made a motion to continue the public hearing to September 27 to provide additional time to bring to a conclusion the negotiations currently underway. Milan Dostal, representing the applicant, stated that they had no objections to continuing the public hearing to September 27. All Ayes The motion was voted on and carried. Volume 36 - Page 268 CITY OF NEWPORT BEACH C UN AAE B RS MINUTES G R01 CAI 1� Gs� Rantamhar 14. 19R9 __ _.. __, __ __. IrmutA 2. Mayor Heather opened the public hearing regarding Ord 82 -19 Ordinance No. 82 -19, being, Zong /Opr. • Pool Pumps 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 RESI- DENTIAL DISTRICTS, PLANNING COMMISSION AMENDMENT NO. 575, a request PCA 575 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, was presented. Ken Coleman, 210 -39tb Street, stated that he did not believe he could adjust the noise level from the operation of his pool equipment low enough in order to meet the requirements of the proposed ordinance. It was pointed out that there are areas of the'City where the ambient noise levels may be above the 55 dBA, which would make compliance with the existing standard difficult. Therefore, the ordinance con- tains language that provides for a property owner to retain the services of an acoustical engineer to certify the existing ambient noise level at a specific site at 10 p.m., and further, to certify that the operation of the pool pumps will not increase the noise level above the existing ambient • level. It was also noted that the proposed amendment would allow a shut -off time of 10 p.m. for the operation of pool pumps and related equipment. Hearing no others wishing to address the Council, the public hearing was closed. Motion x All Ayes Motion was made to adopt Ordinance No. 82 -19, amend- ing in Section 20.10.035 of the Newport wport Beach Municipal Code. E. PUBLIC COMMENTS: 1. Sue L. Ficker, 110 Ninth Street, addressed the Waste Mgm Council regarding secondary treatment of waste dis- (74) charge to the ocean, and the County Sanitation Districts' request for a waiver to the Federal Clean Water Act of 1972. It was pointed out that the County's request had been considered by the State Regional Water Quality Control Board on September 10, 1982, with written public input allowed until October 12. The Mayor stated that the City Council received a presentation from the County Sanitation Districts' representa- tives at their study session this afternoon, and the item has been placed on the September 27 Council agenda for further review and testimony from both sides. Volume 36 - Page 269 C UNCIL MEMB RS \CAL\N(ROLL Motion All Ayes • CITY OF NEWPORT BEACH MINUTES. September 13. 1982 INDEX Ord 82 -20 Finance /PW Assessments (40/74) ]'finance /PW Asmts Res 82 -124 (40/74) PW Specs/ Res 82 -125 (74) C/O Life- guard Serv/ FY '81 -'82 Res 82 -126 C -2247 (38) Persnl /Class Comp Pln'82- 83 (66) Resolutions/ Other Cities (77) Council Member Maurer further stated that they have had in the past, both primary and secondary treat- ments of the sewage. The secondary treatment has now been increased to the extent that it is less primary than in the past, and there has been a definite improvement of wastewater going into the ocean. It is hoped, as funds become available, that more secondary treatment will be available. F. CONSENT CALENDAR: x The following actions were taken as indicated, except fo those items removed: 1. ORDINANCES FOR INTRODUCTION - Schedule for public hearing on September 27, 1982: (a) Proposed Ordinance No. 82 -20, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 14.24.070 ADD- ING THE EXPENSE OF UNPAID SEWER CHARGES SHALL BE THE OBLIGATION OF THE PROPERTY OWNER. (Report from the Utilities Depart- ment) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 82 -124 establishing penalties for failure to pay the Sewer Use Charge. (See report with Agenda Item F -1(a)) i (b) Resolution No. 82 -125 approving the Standard Specifications for Public.Works Construction, 1982 Edition; Work Area Traffic Control Hand- book, 1982 Edition; City of Newport Beach Design Criteria for Public Works Construction, 1982 Edition; and City of Newport Beach Stan- dard Special Provisions and Standard Drawings for Public Works Construction, 1982 Edition. (Report from Public Works) (c) Resolution No. 82 -126 requesting Financial Assistance from the County of Orange for Fiscal Years 1981 -1982 and 1982 -1983 to help offset City costs of Lifeguard Services for County residents using the beaches. (Report from the Marine Department) (d) Resolution No. 82 -127 establishing the Classi- fication and Compensation Plan for Newport Beach City.Employees for Fiscal Year 1982/83. (Report from Personnel) 3. CONTRACTS /AGREEMENTS: None. 4. COMMUNICATIONS - For referral as indicated: (a) To Pending Legislation and Procedural Ethics Committee, Resolution from the City of Orange opposing the recommendation of the Orange Coun- ty Blue Ribbon Regional Airport Committee that Volume 36 - Page 270 INDEX Ord 82 -20 Finance /PW Assessments (40/74) ]'finance /PW Asmts Res 82 -124 (40/74) PW Specs/ Res 82 -125 (74) C/O Life- guard Serv/ FY '81 -'82 Res 82 -126 C -2247 (38) Persnl /Class Comp Pln'82- 83 (66) Resolutions/ Other Cities (77) CITY OF NEWPORT BEACH COUNCIL f�E B RS MINUTES S ROLL CALL_ n� �D September 13. 1982 - - - -- - - INDEA the Board of Supervisors immediately begin efforts to acquire a 3,700 acre site northeast of Santiago Canyon for a new regional airport site. (b) Removed from the Consent Calendar, (c) To Pending Legislation and Procedural Ethics Legislation Committee, letter from William P. Ficker, (48) Architect, regarding the County's plan for Bolas Chica. (d) To staff for reply, letter from MRM Internation BusLicense al Consolidated requesting investigation of (27) business practices of private club named Regine's. (e) To staff for reply, letter from Sue L. Picker Waste Mgm regarding secondary treatment of waste dis- (74) charge to the ocean. (f) To Planning Commission for ongoing study, Planning letter from Corona del Mar Community Associa- (68) tion regarding EIR 81 -2, 5th Street Parcels. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Local Agency Formation Commission Minutes of August 11, 1982„ (b) State Department of Transportation, transmit- • ting notification of relinquishment of right - of-way on MacArthur Boulevard from University Drive north to Route 405 Freeway. (c) Midway City Sanitary District, copy of letter to Board of Supervisor Bruce Nestande regard- ing transfer stations and land fill fees. (d) Orange County Health Planning Council, regard- ing Call for Nominations for Assembly -At -Large Positions and Board of Directors for Health Planning Council. (e) Orange County League of California Cities Minutes of August 12 and Agenda for September 16, 1982. 6. CLAIMS FOR DAMAGES - For denial and confirmation of (36) the City Clerk's referral to the claims adjuster: (a) Florence Laurie Kirby for personal injuries, Kirby alleging placement of newsrack at intersection of Marguerite and Pacific Coast Highway caused eastbound vehicle to hit claimant on July S, 1982. • Volume 36 - Page 271 CITY OF NEWPORT BEACH C UIVCIL AAE B RS MINUTES Z -o R( LL CAI. t � n� September 13, 1982 -- - nVLL/CA (b) Laura F. Halsett for personal injuries, alleg- Halsett • ing sidewalk in front of 1800 Antigua Way was improperly designed and /or constructed, and /or maintained, thereby causing claimant to fall on June 4, 1982. (c) Sherri L. Shaw, mother of Adam Lee Shaw, for Shaw personal injuries alleging Day Camp Counselors negligent in supervision which resulted in son falling from playground equipment on July 27, 1982, at Eastbluff Park. (d) Shannon Marie Bishop for personal injuries, Bishop alleging.wet floor at jail facility caused claimant to fall on August 12, 1982. (e) Carol Freeman for reimbursement of towing Freeman charges, alleging vehicle towed away prior to 72 hour parking limit expiration on July 17, 1982 from Marcus Avenue. (f) Michael Murray Thomas for personal injuries, Thomas alleging mistreatment by Police Department on May 31, 1982. (g) Ziola Guirola for property damage, alleging Guirola City refuse truck caused broken window to vehicle on August 17, 1982. (h) Virginia S. Godoy for personal injuries, Godoy alleging cement slab of sidewalk higher in height than adjacent cement slab, thereby caus- • ing fall on May 26, 1982, near J.C. Penny Store Fashion Island. (i) Jason Ruben for property damage, alleging Ruben Police Department vehicle ran over skateboard. 7. SUMMONS AND COMPLAINTS - For denial and confirma- tion of the City Clerk's referral to the claims adjuster: (a) Leslie Ann Pion for personal injuries on Pion January 8, 1982, alleging unsafe conditions of control signs and control signals at MacArthur Boulevard and Ford Road. Original claim denied by City Council on April 26, 1982. (b) Carol Boyle for personal injuries on March 4, Boyle 1981, alleging flooded conditions caused multi - car accident on Pacific Coast Highway near intersection of Emerald Bay Kiin Cate, Laguna Beach. Original claim denied by City Council on May 26, 1981. 8. REQUEST TO FILL PERSONNEL VACANCIES - For approval: (66) (Report from the City Manager) (a) One Equipment Serviceworker, Equipment Main- tenance Division. Volume 36 - Page 272 CITY OF NEWPORT BEACH C \CAL UNC � I L RAs E G G B � � R S MINUTES ROLL SeDtember 13. 1982 (b) One Sprinkler Systems Technician, Parks Division. • (c) Four Library Clerk III positions, Library Department. (d) One Police Clerk, Police Department. (e) One Refuse Crewman, Refuse Division. (f) One Refuse Leadman, Refuse Division. 9. STAFF AND COMMISSION REPORTS - For Council informa- tion and approval; (a) Report from Parks, Beaches and Recreation PB &R Department Director regarding DONATED REFRIG- (62) ERATOR FOR COMMUNITY YOUTH CENTER. (b) Report from Tidelands Affairs Committee regard- Balboa Is/ ing BEACH REPLENISHMENT AND GROIN STUDY FOR Groin Stdy THE SOUTH SIDE OF BALBOA ISLAND. (51) (c) Report from the City Manager regarding REQUEST Waste Mgm FOR EXECUTIVE ASSISTANT TO ATTEND WASTE TO (74) ENERGY CONFERENCE, OCTOBER 13 THROUGH 15. (d) Report from Parks, Beaches and Recreation PB &R Superintendent concerning FACILITY REQUEST OF (62) THE NEWPORT BEACH CHAPTER R.P.E.A. 10. APPLICATION OF DUNCAN MCINTOSH - To temporarily re- Harbor Perm/ • vise a section of the commercial docks at Lido McIntosh Village to accommodate an In- The -Water Boat Show, (51) Harbor Permit No. 124 -3400; approve the application subject to the conditions listed in the staff report (Report from the Marine Department) 11. ACCEPTANCE OF IMPROVEMENTS IN RESUBDIVISION NO. 582 Resub 582 - Northwesterly corner of East Coast Highway and (84) Larkspur Avenue in Corona del Mar, Mutual Savings and Loan Association; accept the public improvements constructed in conjunction with Resubdivision No. 582; authorize the City Clerk to release the Faith- ful Performance Surety (letter of credit); and the Labor and Material Surety (letter of credit). (Re- port from Public Works Department) 12. ACCEPTANCE OF OASIS PARKING LOT WEST (C -2289) - Oasis Pkg Lt Accept the work; authorize the City Clerk to file a C -2289 Notice of Completion; and release the bonds 35 days (38) after Notice of Completion has been filed. (Report from Public Works Department) 13. ACCEPTANCE OF NORTH NEWPORT BOULEVARD DRAINAGE Npt B1 Drng IMPROVEMENTS (C -2124) - Accept the work; authorize Impvms the City Clerk to file a Notice of Completion; and C -2124 release the bonds 35 days after Notice of Comple- (38) tion has been filed. (Report from Public Works • Department) Volume 36 - Page 273 CITY OF NEWPORT BEACH C UNCIL hAE RS MINUTES �G��F ROLL CALL_` n� �D September 13. 1982 - I - i invr-A 14. VACATION AND ABANDONMENT OF A PORTION OF EXCESS 28TH ac /Aband STREET RIGHT -OF -WAY BETWEEN NEWPORT BOULEVARD AND 28th St Excs BALBOA BOULEVARD - Direct staff to initiate formal (90) • proceedings for the abandonment of a portion of unused street right -of -way on 28th Street. (Report from Public Works Department) 15. ACQUISITION OF 3404 BALBOA BOULEVARD (THE NORTHWEST- Acq Prpty/ ERLY 30 FEET OF LOT 23) - Authorize staff to retain Balboa B1 an appraiser to determine the value of 3404 Balboa (73) Boulevard. (Report from the Public Works Department 16. BUDGET AMENDMENTS -.For approval: (25) BA -018, $2,658,500.00 - Increase in Revenue Esti- mates for funds not received in 1981 -82 from the State of California for the Upper Newport Bay Early Action Plan; General Fund. BA -019, $11,000.00 - Increase in Budget Appropria- tions for resurfacing of six tennis courts at West Newport Park and Las Arenas Park from the Tennis Court Reserve; Park and Recreation Fund. (Report from Parks, Beaches and Recreation) Report from the Director of Finance regarding Budget Amendment Numbers 020 -031: BA -020, $5,864,559.17 - Transfer of funds for reap - propriation of prior years encumbrances as required by Governmental Accounting, Auditing and Financial Reporting; Park and Recreation Fund. • BA -021, $83,269.50 - Transfer of funds for reap - propriation of prior years encumbrances as required by Governmental Accounting, Auditing and Financial Reporting; Park and Recreation Fund. BA -022, $50,579.16 - Transfer of funds for reap - propriation of prior years encumbrances as required by Governmental Accounting, Auditing and Financial Reporting; Library Fund. BA -023, $112,258.39 •- Transfer of funds for reap - propriation of prior years encumbrances as required by Governmental Accounting, Auditing and Financial Reporting; Federal Revenue Sharing Fund. BA -024, $24,757.83 - Transfer of funds for reap - propriation of prior years encumbrances as required by Governmental Accounting, Auditing and Financial Reporting; State Gas Tax Fund (2107). BA -025, $24,178.08 - Transfer of funds for reap - propriation of prior years encumbrances as required by Governmental Accounting, Auditing and Financial Reporting; State Gas Tax Fund (2106). BA -026, $1,812.16 - Transfer of funds for reap- • propriation of prior years encumbrances as required by Governmental Accounting, Auditing and Financial Reporting; AHFP Fund. Volume 36 - 274 COUNCIL RNE B RS I ROLL CALL ` y_ r- September 13. 1982 MINUTES ' INULX BA -027, $81,865.94 - Transfer of funds for reap - propriation of prior years encumbrances as required by Governmental Accounting, Auditing and Financial • Reporting; Tide and Submerged Lands Fund. BA -028, $51,385.81 - Transfer of funds for reap - propriation of prior years encumbrances as required by Governmental Accounting, Auditing and Financial Reporting; Contribution Fund. BA -029, $149,036.67 - Transfer of funds for reap - propriation of prior years encumbrances as required by Governmental Accounting, Auditing and Financial Reporting; Building Excise Tax Fund. BA -030, $107,236.76 - Transfer of funds for reap - propriation of prior years encumbrances as required by Governmental Accounting, Auditing and Financial Reporting; Water Fund. BA -031, $35.70 - Transfer of funds for reappropria- tion of prior years encumbrances as required by Governmental Accounting, Auditing, and Financial Reporting; Marinapark Fund. 17. PUBLIC HEARING SCHEDULING: None. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Letters urging support of the Nuclear Arms Freeze, Legislation/ Proposition 12 on the November ballot, were pre- Arms Freeze • sented. Carol Bradford, 5 Surfside, and Zo Annanonda (The (48) Magic Speller Bookstore) addressed the Council and urged support of the Nuclear Arms Freeze, Proposi- tion 12 on the November ballot. Motion x Following comments, motion was made to endorse Proposition 12 on the November ballot. Motion x Substitute motion was made to refer the request to Ayes x x x x x x the Pending Legislation and Procedural Ethics Com- Noes x mittee, which motion carried. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: 1. Report from the City Attorney regarding request of SoCoastRepty South Coast Repertory Board of Trustees for con - Grant /Request sideration of a $10,000 grant, was presented. (76) A report from the Arts Commission, was presented, wherein it was noted that the Commission felt that a policy and long -range plans should be developed to provide guidelines for grant application de- cisions. Until such guidelines and plans are established, the Commission felt it premature to grant South Coast Repertory $10,000. • Volume 36 - 275 C UbiE 8 RS ROLL \CAL\Lk • Motion *n Noes Ayes Noes Motion All Ayes Motion All Ayes C MINUTES September 13. 1982 l: , Repty The City Manager cited, in part, Council Policy SOCOasl F -20 Reserve Fund for Culture and Arts, as follows: "The sum of money reserved each year shall be at the discretion of the City Council and is to be held in reserve until specific cultural or artistic planning, promotion and /or con- struction projects are approved by the City Council. It is further the policy of the City of Newport Beach that expenditures from this fund should be matched equally by the community in the form of contributions and donations." Susie L. Picker, 110 Ninth Street, indicated the funds would be better spent on the local theatre arts group where she felt there was an immediate need. Heather Marosi, 1807 Buttonshell Lane, and .Tames Roosevelt. 1901 Yacht Resolute, Members of the South Coast Repertory Board of Trustees, addressed the Council in support of their request. Mr. Roosevelt stated that he felt the South Coast Repertory benefitted the entire community and should be recognized by the City of Newport Beach. South Coast Repertory offers extensive training for the youth and the funds granted would not be wasted. x Following iscussion motion was made to g , approve the request of South Coast Repertory for a $10,000 grant x Substitute motion was made to approve the recommenda x x tion of the Arts Commission and set aside an annual x x x x x dollar amount for grants for cultural groups, which motion FAILED. x x x The motion to approve the request was voted on and x x x x FAILED. No further action was taken on this item. 2. NEWPORT BEAUTIFICATION CITIZENS ADVISORY COMMITTEE. NB /CAC (24) x Motion was made to confirm (District 7) Council Member Cox's appointment of .Bros C. Monberg as a member of the Newport Beautification Citizens Advi- sory Committee to fill the unexpired term of Richard Foxx, ending December 31, 1982. 3. ENVIRONMENTAL QUALITY CITIZENS ADVISORY COMMITTEE. EQ /CAC (24) X Motion was made to defer (District 6) Council MembeT. Hummel's appointment to fill the unexpired term of Judy Cooper, ending December 31, 1982, to September 27, 1982. Volume 36 - Page 276 Repty MI Y V N 0 1-. M 10, W Fir I] C UNCIL ME RS MINUTES � $ tp G ROLL CALL ts+ �p September 13, 1982 IR9 ®E)t 4. BICYCLE TRAILS CITIZENS ADVISORY COMMITTEE. BT /CAC (24) n x Motion was made to confirm (District 3) Mayor Pro Ayes Tem Hart's appointment of Donald W. Harvey as a member of the Bicycle Trails Citizens Advisory Committee, to fill the unexpired term of Gary Schaumburg, ending December 31, 1982; and defer appointment to fill unexpired term of Robert A. Patterson to September 27. J. CURRENT BUSINESS: None. K. ADDITIONAL BUSINESS: None. L. The meeting was adjourned at 8:55 p.m. 15 ayo ATTEST: City Clerk • Volume 36 - Page 277