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Home My WebLink About10/25/1982 - Regular MeetingCITY OF NEWPORT BEACH C UNCIL ME B RS REGULAR COUNCIL MEETING MINUTES S Sy PLACE: Council Chambers jjs 9Q�S�9G TIME: 7:30 P.M. DATE: October 25, 1982 ROLL CALL INDEX Proclamation was presented by Mayor Heather, and resolu- tion was presented by Assemblywoman Marian Bergeson to Jeffrey Wieser in recognition of his recent act of Sent heroism. x x x x x x x A. ROLL CALL. Motion x B. The reading of the Minutes of the Meeting of All Ayes October 12, 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 public hearing on the Vac /Abandm/ City's intention to vacate and abandon excess right 28th St of -way on 28th Street, between Newport Boulevard Excess R -O -W and Balboa Boulevard resulting from street realign- (90) ment. Report from the Public Works Department, was pre- sented. Hearing no one wishing to address the Council, the public hearing was closed. Motion All Ayes x Motion was made to adopt Resolution No. 82 -140 p Res 82 -140 ordering the vacation and abandonment of excess right -of -way on 28th Street between Newport Boule- vard resulting from street realignment; and to direct the City Clerk to have the resolution. recorded by the Orange County Recorder. E. PUBLIC COMMENTSt None. F. CONSENT CALENDAR: Motion x The following actions were taken as indicated, except All Ayes for those items removed: 1. ORDINANCES FOR INTRODUCTION - Schedule for Public Hearing on November 8, 1982: (a) Removed from the Consent Calendar. 2. RESOLUTIONS FOR ADOPTION: .(a) Resolution No. 82 -141 authorizing the Tfk /Signals Traffic Engineer to apply for a Grant from & Signs the California Energy Commission under Res 82 -141 their Fuel Efficient Traffic Signal Grant (85) Program for local governments. (Report from Public Works) (b) Removed from the Consent Calendar. (c) Removed from the Consent Calendar. • Volume 36 - Page 307 CITY OF NEWPORT BEACH C L ME 8 RS MINUTES 9 ? R01 1 C Se October 25, 1982 MWCA 3. CONTRACTS/AGREEMENTS: (a) Award Contract No. 2351 to Damon Constructio riners Prk/ • Company for $19,544 and authorize the Mayor Eastbluf and City Clerk to execute the contract re- Sdwlk Rplcm garding sidewalk replacement adjacent to C -2351 Mariners Park and in Eastbulff. (Report (38) from Public Works) (b) Award Contract No. 2350 to Del Val Inc., for Balboa B1/ $20,240 and authorize the Mayor and City Pavmt Sbslg Clerk to execute the contract regarding C -2350 Balboa Boulevard pavement subsealing. (Re- (38) port from Public Works) (c) Authorize the Mayor and City Clerk to Theatre Arts/ execute an Agreement (Contract No. 2349) Yeo for engineering services with Ron Yeo, FAIA C -2349 Architect, Inc., for design services for (38) improvements to the Theatre Arts Center. (Report from Public Works) 4. COMMUNICATIONS - For referral as indicated: (a) Removed from the Consent Calendar. (b) To Utilities Department for inclusion in Utilities the records, Cancer Research Institute, (89) University of California, Irvine, informa- tion regarding national meeting on hazards of ingested asbestos. • (c) Removed from the Consent Calendar. (d) To the Planning Department for reply, Ping Dpt/ request from Susan Langley regarding clari- "Fun Zone" fication of future plans for the "Fun Zone." (68) (e) To the Pending Legislation and Procedural Legislat-iofy Ethics Committee: (48) 1) Proposed resolution of City of Santa Ana regarding policy to reduce undocu- mented (illegal) immigration; and 2) Resolution of City of Stanton support- ing passage of a weight- distance tax in the State of California. (f) To Planning Department for inclusion in the Ping Dpt/ records, letter from Kathy Kirrene regard- Back Bay Dev ing property development across from Back (68) Bay. (g) To the Planning Commission for considera- P /C- StNameChg tion, request for street name change (22nd (83) Street to Santiago Drive) from Roger W. Luby, Carol Blakeslee, who is representing Mr. Luby, with attached signed petition from residents polled in the vicinity. • Volume 36 - Page 308 CITY OF NEWPORT BEACH C UN CIL ME B RS MINUTES RAI I CAI I Sn N October 25. 1982 .1nry - -- - ' -- 119VGA (h) To the Santa Ana Heights Annexation Ad Hoc Annex /SAnaHgt Committee for consideration, request of (21) Mariners Community Association President that the City seriously consider the annexa- • tion of Santa Ana Heights. (i) To the Executive Assistant for inclusion in O/C-John Wyn the records, letter from Mariners Community Arpt Association regarding the City's continuing (54) efforts to fight /oppose expansion of John Wayne Airport. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Correspondence from Al "King Alfonso" Lizanetz, together with responses from Arizona State House of Representatives, com- mending him on his honesty and perseverance in his ongoing campaign against crime and environmental pollution. (b) Minutes of Local Agency Formation Commis- sion, Orange County, for September 22, 1982. (c) AREA IX Development Disabilities Board, Tustin, bulletin regarding voter education -- key issues on developmental services. (d) Notice of Application No. 82 -09 -48 filed with Public Utilities Commission regarding Trailways, Inc. and American Buslines, Inc., to increase passenger fares and express • charges by approximately 8 %. 6. CLAIMS FOR DAMAGES - For denial and confirmation of City Clerk's referral to the claims adjuster: (a) State Compensation Insurance Fund for StCompInsFd/ Barbara A. Ballin, claiming personal injur- Ballin ies alleging she stepped into small un- covered manhole resulting in right leg -torn lateral cartilage, on July 22, 1982, in vicinity of Newport Center Drive. (b) Kay Bowyer for personal injuries, as a Bowyer result of traffic signal phasing at the intersection of Jamboree Road and MacArthur Boulevard on August 13, 1982. (c) Suellen Ann Coen for property damage as a Coen result.of accident with City police vehicle at Riverside and Coast Highway on May 21, 1982. (d) Gary Granman alleging personal injuries Granman as a result of assault and battery charge at Pacific Coast Highway on July 4, 1982. (e) Howard W. Jadwin seeking reimbursement of Jadwin towing charges involving incident at • Oasis Multipurpose Senior Citizens Center on October 4, 1982. Volume 36 - Page 309 CITY OF NEWPORT BEACH C AG�U Mys E 9 o 9 R S � October 25, 1982 MINUTES ROLL CLL INf%ry (f) Joan Jamieson seeking reimbursement of Jamieson clothing costs, alleging hers were dis- colored while in dressing room at Corona del Mar State Beach on October 13, 1982. (g) All State Insurance for Alvin Lesser alleg- All StIns/ ing property damage and personal injuries Lesser resulting from collision with City vehicle at Robertson Boulevard, near Olympic Boule- vard, Beverly Hills on September 28, 1982. (h) Frederick P. Ponzio alleging property damage Ponzio to vehicle as a result of backhoe backing into his vehicle during construction of water main replacement project, Contract No. 2221, Gabi Construction Company, on 5th Street near Narcissus on June 30, 1982. (i) Julie Ann Rosen alleging property damage to Rosen vehicle as a result of collision with City refuse truck at Vista Nobleza and Vista Del Oro, on July 1, 1982. (j) Dorothy Seiler seeking reimbursement of tow- Seiler ing charges, alleging she had taken care of unpaid parking violations /towing charges previously, but car towed a second time on September 21, 1982. (k) Russell A. Lazicki alleging personal injur- Lazicki ies as a result of contact with exposed electrical wires while swimming adjacent to private bay pier at 2140 E. Balboa, on August 16, 1982. (1) Randy Lee Blackford for alleged wrongful Blackford arrest by City Police Department on July 4, 1982, at 14th Street. 7. SUMMONS AND COMPLAINTS: None. 8. REQUEST TO FILL PERSONNEL VACANCIES - For approval: (66) (Report from the City Manager) (a) One Electrical Leadman, Utilities Depart- ment. (b) One Business License Inspector, Finance Department. 9. STAFF AND COMMISSION REPORTS: For Council information and approval - (a) Removed from the Consent Calendar. (b) Report from Parks, Beaches and Recreation PB &R Director regarding ACCEPTANCE OF DONATION (62) OF SABOT AND RIGGING FROM MR. NIL OLESTEN. • Volume 36 - Page 310 CITY OF NEWPORT BEACH C UNCIL ME 8 RS MINUTES ROLL CAl 1 Sn9 �D October 25, 1982 - - iNL)tA For Council information and filing - (c) Report from Assistant to the City Manager CATV /CCb1Vsn regarding COMPLIANCE OF COMMUNITY CABLE- (42) • VISION COMPANY WITH AMENDMENTS TO MUNICIPAL CODE CHAPTER 5.44, "COMMUNITY ANTENNA TELEVISION." 10. PUBLIC HEARING SCHEDULING - November 8, 1982: (a) Removed from the Consent Calendar. 11. ACCEPTANCE OF IMPROVEMENTS IN RESUBDIVISION N0. 642 Resub 642 LOT 15, TRACT NO. 1237 - Accept the public improve- (84) ments constructed in conjunction with Resubdivision No. 642; and authorize the City Clerk to release the Faithful Performance Surety in the amount of $800 cash. (Report from Public Works) 12. ACCEPTANCE OF IMPROVEMENTS IN RESUBDIVISION NO. Resub 669 669 - Accept the public improvements constructed in (84) conjunction with Resubdivision No. 669, parcel 1 of parcel map 87 -50 (Resubdivision No. 531), located at Quail Street between Spruce Avenue and Dove Street in the Newport Place Planned Community; authorize the City Clerk to release the Faithful Performance Surety in the amount of $1,688 cash (deposited.into Account No. 0221702 on March 9, 1981); and release the Labor and Materials Bond (Certificate of Deposit No. 336722) in six months provided no claims have been filed. Certificate of Deposit No. 336722 is filed with Resubdivision No. 531. (Report from Public Works) • 13. 1982 -83 WATER MAIN RELINING PROGRAM, CONTRACT NO. '82/83 Wtr 2353 - Approve the plans and specifications; and Main Ring authorize the City Clerk to advertise for bids to C -2353 be opened at 11:00 a.m, on November 10, 1982. (38) (Report from Public Works) 14. APPROVAL OF THE FOLLOWING HARBOR PERMIT APPLICA- Harbor Perm TIONS SUBJECT TO CONDITIONS LISTED IN STAFF REPORT:(51) (Report from Marine Department) (a) 11105 -2307 by Jim Bridges to build a cantilevered deck at 2307 Bayside Drive; (b) #114 -334 by Spencer Richardson to con- ") struct a pier and float at 334 Buena Vista; and (c) 11129 -2431 by Boatswain's Locker Invest- ment Company to revise the commercial docks at 2431 West Coast Highway. 15. BUDGET AMENDMENTS - For approval: BA /(25) BA -040, $1,130.00, Transfer of Budget Appropria- tions for Special Refuse Pickup for Lido Isle on October 30, 1982; General Services - Refuse Fund. BA -041, $17,330.09, Increase in Budget Appropria- • tions (recycling last year's appropriations) for Bicycle Trails Program to construct miscellaneous concrete improvements; General Fund - Bicycle Trails Program. Volume 3b - Page 311 CITY OF NEWPORT BEACH C tiG U N Cti9 IL s R S MINUTES ROLL CALL October 25. 1982 -- 1NDEX G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from Citizens Traffic Advisory Committee Tfk /Balboa regarding study to examine the feasibility of Pnsla Shuttle implementing a SHUTTLE BUS SERVICE ON BALBOA Bus PENINSULA, was presented. (85) Motion x Motion was made to approve the Committee's recom- All es direct the staff to prepare a scope of work for subject study; and an estimate of its cost, with "hasty priority." 2. A letter from Charles and Mary White regarding GPA 82 -1 General Plan Amendment No. 82 -1 (North Ford), was (45) presented. Motion x Motion was made to direct the staff to reply to All Ayes the subject letter, advising that this item has been referred back to the Planning Commission for public hearing. 3. Proposed Ordinance amending Title 15 of the Newport Bldg /DevAgm Beach Municipal Code by adding Chapter 45, Sections (26)/(68) 010 through 090 thereto establishing procedures and requirements for the adoption of development agree- ments and ordering a public hearing thereon, with a report dated September 27, 1982, from the Plan- ning Department, was presented. Motion All x Motion was made to introduce Ordinance No 82 -30 Ayes and schedule public hearing thereon for November 22, 1982. 4. Proposed resolution authorizing the acceptance Pkg /Off -Site of an Off -Site Parking Agreement with Magic Island, Magic Is Newport Beach, for a portion of the required park- U/P 1956 ing spaces to be provided at an existing parking (88) lot located at the northeasterly corner of Finley Avenue and Clubhouse Avenue, Newport Beach (Use Permit No. 1956 (Amended)), with a report from the Planning Department, was presented. Motion x Motion was made to adopt Resolution No. 82 -142, r. All Ayes with the condition of approval, that the applicant be required to lease the parking lot for the period as set forth in the staff report. 5. GENERAL PLAN AMENDMENT 82 -1(H), a request initiate GPA 82 -1(H) by the City of Newport Beach to amend the Housing (45) Element of the Newport Beach General Plan to update the program objectives to reflect Housing Element implementation progress since the adoption of the Housing Element, with a report from the Planning Department, was presented. Motion x Motion was made to schedule public hearing on All Ayes GENERAL PLAN AMENDMENT 82 -1(H) for November 22, 1982. Volume 36 - Page 312 • CITY OF NEWPORT BEACH C UN ME B RS MINUTES s yG� y9� � �s� 9 ROLL CALL' �A 'D Ortnhar 75. 1QA9 iu nw - - nw�n 6. A request from West Newport Beach Association for PW /Flood prompt installation of flood gate at mouth of storm Cntrl drain terminating in Channel Park, was presented. The Director of Public Works advised that the pro- (74) posed project is included in the 1982 -83 budget at an estimated cost of $64,000. The work is scheduled for construction in the Spring following the rainy season. Motion x Motion was made to direct the staff to coordinate All Ayes efforts with the General Services Department as an interim measure with respect to avert flooding during the winter rains, and that a letter be sent to the West Newport Beach Association advising them of the current status of this project, and the City's objectives. 7. Proposed resolution consenting to the assignment Balboa Bay by International Bay Clubs, Inc., of its interest Clb Lshld/ in the Balboa Bay Club Leasehold for purposes of Intrntl Bay financing, was presented with a report from the Clb, Inc. City Attorney. C -1473 (38) Motion x Motion was made to adopt Resolution No. 82 -143, as revised by the City Attorney, and discussed earlier in the study session. Thomas O'Keefe, Attorney for the Balboa Bay Club, addressed the Council; stated that the current motion reduces the amount of authorized debt from the Council's prior authorization; and questioned if the revised language in the resolution reflected this change. The City Attorney replied in the affirmative. All Ayes The motion was voted on and carried. H. ORDINANCES FOR ADOPTION: 1. Ordinance No. 82 -29, being, Ord 82 -29 Garbage /Sntn AN ORDINANCE OF THE CITY OF NEWPORT BEACH (44) ADDING SECTIONS .025 AND .095 TO TITLE 6, CHAPTER .04 OF THE NEWPORT BEACH MUNICIPAL CODE DEFINING THE USE AND REQUIREMENTS OF COMMERCIAL REFUSE BINS, was presented for adoption, with report dated August 23, 1982, from the Newport Beautification Citizens Advisory Committee. Motion x Motion was made to adopt Ordinance No. 82 -29. All Ayes I. CONTINUED BUSINESS: 1. ENVIRONMENTAL QUALITY CITIZENS ADVISORY COMMITTEE. EQ /CAC Motion Motion was made to defer (District 4) Mayor All Ayes Heather's appointment to fill the unexpired term of Lucy de Mocskonyi (ending December 31, 1982), to November 8, 1982. Volume 36 - Page 313 C UNCI ROLL CALL L ME B RS mil+ P Motion Motion All Ayes ,0 CITY OF NEWPORT BEACH MINUTES October 25, 1982 INDEX Levitz /Apl Permit (65) J. CURRENT BUSINESS: 1. APPEAL FROM DENIAL OF AN APPLICATION BY LEON J. LEVITZ to improve a portion of the Ocean Front Street End of Walnut Street, was presented. Report from the Public Works Department was pre- sented, wherein it was pointed out that Council Policy L -10, "Private Encroachments in Public Ways Ending at Ocean Front at Newport Bay" allows unim- proved Ocean Front street ends to be improved, subject to certain conditions spelled out in the policy. One condition is that the improvements will extend from the nearest street, or alley improve- ment to the northerly line of Ocean Front. The subject application is to improve only 23 feet of the 75 feet from the alley to Ocean Front at Walnut Street. The City Manager noted that the Public Works Depart- ment and the Parks, Beaches and Recreation Depart- ment have no objections if the landscaping improvements do not extend the length of the lots. If a change in the policy is desired, an amendment can be prepared for discussion at a future meeting .of the City Council. Mr. Herbert Whitley, 104 Walnut Street, addressed the Council and stated that he resides at the corner where the improvements will be made and that he also represents the applicant, who could not be in attendance. He advised that Mr. Levitz will accept all responsibility and payment of all improvements. Gene Kraus, 6502 W. Ocean Front, contractor for the proposed improvements, stated that pursuant . to Council Policy L -10, the improvements will be installed at the expense of adjacent property owners. He advised that one of the property owners was an invalid and could not share in the cost of the improvements. He spoke in support of improving the street end and urged favorable consideration. Al Feldman, resident in the immediate area, stated he lives in front of Mr. Levitz and felt the improvements would beautify the area. x Motion was made to grant the subject application, and bring back Council Policy L -10 (page 3, sub- section 2 -g) at a future study session for recon- sideration. X Substitute motion was made to grant the subject application and bring back Council Policy L -10 (page 3, subsection 2-g) for reconsideration at the next regular.meeting. Volume 36 - Page 314 INDEX Levitz /Apl Permit (65) C U MEMB RS ROLL CALL n yes Motion All Ayes W4011 ink Cuo 01AM:12riTellow MINUTES October 25, 1982 INDEX .incil Licy 3) r 2. Report from the City Manager regarding COUNCIL Col POLICY REVIEW, was presented. Po. (6' x Motion was made to approve modifications to Council Policies A -1, E -2, H -1, I -5, L -1, L -2, L -3, L -4 and L -5. K. ADDITIONAL BUSINESS: x 1. Motion was made to not hold a City Council meeting on December 27, 1982, and to adjourn the December 13, 1982 City Council meeting to 4 p.m., January 4, 1983 for the seating of the new Council. 2. In response to inquiry by Council Member Hummel, Ken Delino, Airport Coordinator, advised that a meeting of the Noise Abatement Committee would be held October 26 at 1:30 p.m, at the Fire Station at John Wayne Airport. He stated this was a routine monthly meeting; however, he did notify the local citizenry should they desire to attend. He stated he would be present to represent the City and the meeting was open to the public. The meeting was adjourned at 8:15 p.m. yor ATTEST: City Clerk Volume 36 - Page 315 INDEX .incil Licy 3) r