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HomeMy WebLinkAbout01/10/1983 - Regular MeetingCOUNCIL MEMBERS �c n® �� � � 1� RAI 1 C®1 1 REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: January 10, 1983 MINUTES y >y Present x x x x x x A. ROLL CALL. Absent x Moo is B. Minutes of the Regular Meeting of December All Ayes 13, and Special Meeting of December 21, 1982 were approved as written and ordered filed. Motion x C. 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: Motion x Pursuant to request of Council Member Plummer, All Ayes motion was made to defer public hearing on proposed Ordinance No. 83 -1 to later in the meeting. 2. Mayor Hart opened the public hearing Ord 83 -2 regarding Ordinance No. 83 -2, being, Dwelling Unit /Zoning AN ORDINANCE OF THE CITY OF NEWPORT (94) BEACH AMENDING CHAPTER 20.01 BY ADDING .THERETO SECTION 046, DISTRICT SYMBOLS, ESTABLISHING SYMBOLS TO DESIGNATE MAXIMUM FLOOR AREA ]LIMITATIONS AND THE MINIMUM NUMBER OF SQUARE FEET OF LAND AREA REQUIRED FOR EACH DWELLING UNIT, PLANNING COMMISSION AMENDMENT NO. 579, PCA 579 • initiated by the City of Newport Beach. Report from Planning Department, was presented. Hearing no one wishing to address the Council, the public hearing was closed. :.1tion x Motion was made to adopt Ordinance No. 83 -2. ',t t Ayes 3. Mayor Hart opened the public hearing Santiago/ regarding application of ROGER W. LUBY FOR A St Name Chg STREET NAME CHANGE ON 22ND STREET BETWEEN (83) IRVINE AVENUE AND TUSTIN AVENUE; request to consider changing a street name for "22nd Street to Santiago Drive." Report from Planning Department, was presented. Report from the Fire Chief, was presented. It was noted that the Planning Commission, at its meeting of December 9, 1982, voted to recommend to the City Council the denial to rename 22nd Street to Santiago Drive, between Irvine Avenue and Tustin Avenue. Among those reasons cited for denial of the request was Volume 37 - Page 4 COUNCIL MEMBERS \CALLO� ��9\tp%p ROL 'MA January 10, 1983 MINUTES ',, IT. that it would create a hardship, Santiago/ inconvenience and expense to existing St Name Chg residents who would have to print new . stationery and cards. It would also create additional work: and expense to businesses and governmental agencies, such as the City, which provides telephone, gas, electric, water and transportation services to the area. Also, there have been no reported incidents of confusion or delay in providing emergency services, inasmuch as the addresses on the Balboa Peninsula contain three digits, as opposed to the four digit addresses which exist in this area. It was also pointed out in the staff report that the Police! and Fire Departments have reviewed the request and have no objections with the proposed street name change. Furthermore, both departments indicated to staff that said change would eliminate any confusion between the two City streets with the same name in conjunction with potential Police or Fire emergencies. The staff advised that 57% of the property owners on 22nd Street have indicated they support the change, while 43% have indicated they are opposed, or have not responded. Mrs. Roger Luby, applicant, stated that primarily, the request for street name change • is to prevent emergency service vehicles from responding in error; citing that errors in deliveries have been made because of the similarity of the 22nd Street Peninsula location. Mrs. Luby submitted a petition dated January 8, 1983, with signatures of those persons in the immediate area in favor of the street name change. She stated that 19 families were in support of the request; seven in opposition. The following persons addressed the Council in opposition to the proposed street name change: Sharon Hilberger, 2422 -22nd Street Jim Barclay, 2400 -22nd Street Jeff Farwell, 2426 -22nd Street Jack Greive, 2431 -22nd Street Louise Barclay, 2400 -22nd Street • Volume 37 - Page 5 COUNCIL MEMBERS \�- G 9A 9j, G 99 • • Motion Ayes Noes Motion Ayes Noes CITY OF NEWPORT. BEACH MINUTES January 10, 1983 firfT3Vi The following persons addressed the Council Santiago/ in favor of the proposed street name change: St Name Chg Barbara Marriott, 2300 -22nd Street Donald Clem, 2309 -22nd Street Martha Webb, resident, 22nd Street Rita Charlesworth, 2214 -22nd Street John Marciloti, resident, 22nd Street Lori Marciloti, resident, 22nd Street Of those speaking in opposition, it was indicated that from past experience there had been no confusion as to the 22nd Street Peninsula location regarding emergency services. In addition, the name change would create an inconvenience, as well as a hardship on many of the residents. Of those speaking in favor, incidents were related indicating there had been confusion between the 22nd Street /Peninsula location, and the 22nd Street /Irvine- Tustin Avenue location regarding deliveries, as well as emergency services. In addition, the proponents felt that for safety purposes, the street name should be changed. It was pointed out by the City Manager, after reviewing the petition submitted by Mrs. Luby, that of the 23 lots fronting on 22nd Avenue, eleven families have signed in favor. If the additional signatures on the petition from residents on Irvine Avenue and Centella Place were also counted, it would indicate a majority in favor of the change. Hearing no others wishing to address the Council, the public hearing was closed. x Motion was made, to overrule the decision of the Planning Commission and adopt Resolution No. 83 -2, changing the name of 22nd Street to Santiago Drive. During course of discussion, it was indicated by some Council. Members that the so- called "burden of test:" had passed; that there was no real overriding need for the street name change; and that there were closely divided opinions on both sides. X Following discussion, the motion was voted on x x x x x and FAILED. x _Motion was made to sustain the action of the x x x x x Commission and deny the request for the X street name change. i Volume 37 - Page 6 CITY OF NEWPORT BEACH COUNCIL MEMBERS \thl � �y�ROLL �'pPG`r�P January 10, 1983 MINUTES lNnFy 4. Mayor Hart opened the public hearing Alley Impvms regarding COST OF WORK ACCOMPLISHED UNDER C -2316 . CHAPTER 27 OF THE IMPROVEMENT ACT OF 1911 (38) (ALLEY IMPROVEMENTS IN BLOCK 3, TRACT 27, CONTRACT 2316). Report from Public Works, was presented. Stacy Carter, 703'k Jasmine Avenue, indicated that she was in support of improving all alleys throughout the City. Daniel Wilcox, representing his wife of 504 Orange Avenue, spoke in opposition to the method of assessment. The Director of Public Works responded that the assessments for this project were spread on a per lot basis, and not on a front footage basis. In other words, each lot has an equal assessment. He stated that the theory of assessment law is that the assessments be spread on a benefit basis, which is fairly commonly used. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to adopt Resolution No. 83 -2, Res 83 -2 Ayes x x x x x assessing the cost of constructing alley Abstain x improvements against certain real property, pursuant to the provisions of Chapter 27 of the Improvement Act of 1911 (alley improvements in.block 3, tract 27, Contract No. 2316). 1. Mayor Hart opened the public hearing Ord 83 -1 regarding Ordinance No. 83 -1, being, Mobile Home Pk /Zoning AN ORDINANCE OF THE CITY OF NEWPORT (94) BEACH AMENDING PORTIONS OF DISTRICTING MAPS NO. 22 AND 25 FROM THE UNCLASSIFIED ZONING DISTRICT TO .THE UNCLASSIFIED /MOBILE HOME PARK ZONING DISTRICT, PLANNING COMMISSION AMENDMENT NO. 580, a PCA 580 request initiated by the City of Newport Beach, to reclassify portions of the First Addition to the Newport Mesa Tract more commonly known as: Seacliffe Mobile Park, located at 890 West 15th Street on the northeasterly corner of 15th Street and Monrovia Avenue; Newport Terrace Mobile Home Park, located at 824 West 15th Street, on the northwesterly corner of 15th Street and Placentia Avenue; and Harbor Mobile Homes, located at 1535 Superior Avenue, on the Volume 37 - Page 7 CITY OF NEWPORT BEACH COUNCIL MEMBERS co� -A wn� i rAi s January 10, 1983 MINUTES I westerly side of Superior Avenue, northerly Mobile Home • of its intersection with 15th Street. Report from the Planning Department, was Pk /Zoning presented. It was noted that on December 2, 1980, the City annexed a 61 acre area previously known as the "County Triangle." With the annexation, the City made a commitment in General Plan Amendment 80 -2 to rezone the three mobile home parks contained in this area with a Mobile Home Park Overlay Zone. The Planning Commission, at its meeting of November 18, 1982, voted to recommend the approval of Amendment No. 580 to the City Council. Jim Van Horn, 13921 Artesia Blvd., Cerritos, representing American Land Associations, owners of Newport Terrace Mobile Home Park, addressed the Council in support of the proposed ordinance. He stated, however, they are concerned that the overlay is being applied to an underlying zoning of - unclassified /Mobile Home Park Zoning District. He stated that in keeping with the commitment to LAFCO, and annexing the County Triangle to preserve the use of mobile home parks, they also feel there was a commitment to go to Multiple Family Residential zoning, and hope the City will move forward in this • regard. Mr. Dick Hogan, 436 Vista Puerta, addressed the Council and discussed Seacliffe Mobile Park as it relates to the Kirkpatrick Trust. He distributed excerpts of the lease agreement between the Kirkpatrick Trust and Mr. Chi, owner of the remaining property in Seacliffe Mobile Home Park. He stated that the northwest corner of the property (designated as 1 -b on the map in the staff report) is owned by the Kirkpatrick Trust and is under lease to Mr. Chi, which lease terminates in August of this year. He reviewed pertinent provisions of the lease. Motion x During Mr. Hogan's presentation, motion was All Ayes made to grant an additional four minutes for his presentation. Mr. Hogan stated the staff report states that the "proposed rezoning will prohibit redevelopment of the mobile home park, and insure continued use of the property as a mobile home park until such time as the designation is removed." He stated that designation will prohibit redevelopment; • Volume 37 Page 8 • • • CITY OF NEWPORT BEACH. MINUTES however, it will not insure the continued use (Mobile Home of the property as a mobile home park. Pk /Zoning Mr. Hogan stated that since the application of zoning to this property would not accomplish any purpose which has not already been accomplished, and since it could lead the park tenants to a false sense of security, and further, since it would lay a burden on the property without any necessity, he would request that the overlay zone not be applied to that portion of property belonging to the Kirkpatrick Trust. Milton Cohen, 505 -30th Street, stated that there are approximately 30 families living in the area designated as 1 -b on the map in the Seacliffe Mobile Home Park. He stated that most of the people are elderly with fixed incomes, and were not informed of the Kirkpatrick Trust leasehold agreement until just recently. He stated that he had sold property in the 1 -b area and is sorry he did not know of the subject agreement. Bill Carroll, Space 83, Seacliffe Mobile Home Park, stated he was unaware of the leasehold agreement when he moved into the park, and there was no mention of it.in his rental agreement. Gene Collins, '.Space 91, Seacliffe Mobile Home Park, stated that he moved into the park 15 years ago and has heard nothing about the leasehold agreement. Jack J. Walley, Newport Terrace Mobile Home Park, stated that he has submitted material to the City Attorney for review, relative to the Kirkpatrick Trust leasehold agreement. Milton Cohen addressed the Council again, and advised that he had reviewed the lease agreement of Bill Carroll, who addressed the Council earlier in the meeting. He stated that Mr. Carroll's lease does include a termination clause of August; 1983. However, when he sold his property in Seacliffe in September, 1982, the old 1980 lease was issued which did not include notification of any termination. Glen James, representing his father who resides in the 1 -b area of Seacliffe, indicated that they were notified of the leasehold agreement in July, 1982. John Menbrane, Space 86, Seacliffe.Mobile Home Park, spoke in favor of the overlay zone. He also stated relocation would be difficult for many of the residents, as the majority are senior citizens with the older -type coaches. Volume 37 - Page 9 CITY OF NEWPORT BEACH COUNCIL MEMBERS \rAl 0 RnI t � 'P 9 �S January 10, 1983 MINUTES Tim Holscher, resident of Seacliffe Mobile Mobile Home Home Park, stated that he moved into the park Pk /Zoning six months ago, and was unaware of the leasehold agreement. He stated it would be an inconvenience to him if he has to relocate. Joseph Beck, resident of Seacliffe Mobile Home Park stated that he moved to the park two years ago, and was also unaware of the subject agreement. Jeffrey Castle, Space 75, Seacliffe Mobile Home Park, stated he moved to the park in July, 1981, and was also not informed of the leasehold agreement. Mr. Hogan spoke, again, stating he wished to emphasize that the application of a Mobile Home Park Zoning District does not extend the subject lease and that the terms of the lease remain in effect. Hearing no others wishing to address the Council, the public.hearing was closed, During course of discussion, it was pointed out by the Planning Director that the Mobile Home Park Overlay Zone indicates it is the current policy of the City that the subject property will continue as a mobile home park use regardless of what lease /property • ownership is in existence, and in order to lift that overlay zone, it would have to be initiated by the property owner, Planning Commission or the City Council, and in addition, certain findings would have to be made. Motion x Motion was made to adopt Ordinance No. 83 -1. Ord 83 -1 All Ayes E. PUBLIC COMMENTS: None. Motion x F. CONSENT CALENDAR: All Ayes The following actions were taken as indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION: Schedule for Public Hearing on January 24, 1983: (a) Proposed Ordinance No. 83 -5, being, Ord 83 -5 AN ORDINANCE OF THE CITY OF NEWPORT M -1 /C -1 .BEACH AMENDING A PORTION OF Zoning DISTRICTING MAP NO. 8 TO RECLASSIFY (94) PROPERTY FROM THE M -1 (MANUFACTURING) DISTRICT TO TO THE C -1 (LIGHT COMMERCIAL) DISTRICT, Volume. -.37 - Page 10 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALL ® ROLL January 10, 1983 MINUTES M. PLANNING COMMISSION AMENDMENT NO. 581. PCA 581 Report from the Planning Department. (b) Proposed Ordinance No. 83 -6, being, Ord 83 -6 Recreatnl/ AN ORDINANCE OF THE CITY OF NEWPORT Zoning BEACH RESCINDING CHAPTER 20.75 (94) (ELECTRONIC VIDEO GAME MACHINES) OF THE NEWPORT BEACH MUNICIPAL CODE AND AMENDING CHAPTER 20.87 (DEFINITIONS) BY ADDING THERETO, SECTION .264 (RECREATIONAL ESTABLISHMENT), DEFINING TERM, USE OR PURPOSE, PLANNING COMMISSION AMENDMENT NO. 578. PCA 578 Report from Planning Department. (c) Proposed Ordinance No. 83 =7, being, Ord 83 -7 Park Lido AN ORDINANCE OF THE CITY OF NEWPORT Dev Agm/ BEACH APPROVING A DEVELOPMENT U/P 2021 AGREEMENT BETWEEN THE CITY OF (88) NEWPORT BEACH AND PARK LIDO, LTD., DEVELOPMENT AGREEMENT NO. 1 - An DevAgm 1 agreement between the City of Newport Beach and Park Lido, Ltd. The City of Newport Beach has requested, and Park Lido, Ltd., has agreed, to advance fifty percent of the cost of the installation of a traffic signal at the intersection • of Hospital Road and Placentia Avenue in consideraition of the City providing Park Lido, Ltd., with continuance of their right to develop the property in accordance with the approved Traffic Study and the acceptance of an Environmental Document. (Report from Planning Department) Report from the City Attorney's Office dated November 1, 1982, was presented.' Letters from Hoag Memorial Hospital, Chairman of the Board of Directors, and President of the 552 Club, in support of the development agreement, were presented. Pass to second reading and adoption on January 24, 1983: (d) Proposed Ordinance No. 83 -8, being, Ord 83 -8 AN ORDINANCE OF THE CITY OF NEWPORT Tfk /Speed BEACH AMENDING SECTION 12.24.100 OF Limit THE NEWPORT BEACH MUNICIPAL CODE BY (85) ADDING FLAGSHIP AVENUE AND DANA ROAD TO THE 25 MPH PRIMA FACIA SPEED LIMIT DESIGNATION (Report • from Traffic Affairs Committee). Volume 37 •- Page 11 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ROLL \A1 'il.'p January 10, 1983 IRB ®�Y (e) Removed from the Consent Calendar. (f) Proposed Ordinance No. 83 -9, being, Ord 83 -9 Tfk /Vehicle AN ORDINANCE OF THE CITY OF NEWPORT Towg BEACH AMENDING THE PROVISIONS OF (85) SECTION 12.20.020 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING APPROPRIATE SIGNS FOR VEHICLE TOWS FROM PRIVATE PROPERTY (Report from the Traffic Engineer) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 83 -3 requesting the Adult Entm/ Planning Commission initiate an Zoning amendment to Chapter 20.74.of the Res 83 -3 Newport Beach Municipal Code regarding (94) Adult Entertainment Businesses. (Report from City Attorney's Office) (b) Resolution No. 83 -4 designating certain Finance City employees as those authorized to Res 83 -4 notify the County of Orange of (40) corrections to the tax roll for special assessments. (c) Resolution No. 83 -5 authorizing the Banking Sery Mayor and City Clerk to execute an CNB /Wells Agreement between the City of Newport Fargo Beach and Wells Fargo Bank in connection Res 83 -5 with the City's banking services. C -2373 (Report from Finance.Director) (38) (d) Resolution No. 83 -6 amending Fiscal Year Personnel/ 1982 -83 Compensation Plan and Table of Class Authorization by establishing positions Res 83 -6 for a Marina Park Manager and a License (66) Clerk thereto. (Attached w /reports from the City Manager) (e) Removed from the Consent Calendar. (f) Resolution No. 83 -8 appointing Robert H. City Atty Burnham Acting City Attorney. Res 83 -8 (31) 3. CONTRACTS /AGREEMENTS: (a) Award Contract No. 2294 to James E. Bayfront Lenihan Co., for $24,810 and authorize Sdwlk Rpr the Mayor and City Clerk to execute said C -2294 contract. ( Bayfront Sidewalk Repair - (38) Report from Public Works) 4. COMMUNICATIONS - For referral as indicated: (a) To City Clerk for response, request from O/C Vector Orange County Vector Control District Cntrl regarding reappointment /successor of (54) City's respresentative to Joint Governmental Committees. Volume 37 - Page 12 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES \tA o � % R®k_► Z�9 9G�� January 10, .1983 INDEX (b) To staff for reply, complaint of Terry Bus Lie Walsh against the use of City streets (27) for the marathon run conducted December • 5, 1982. (c) To staff for review, application of Balboa Is BALBOA ISLAND FERRY, a California Ferry /Beek Corporation, to adjust rates, before the C -856 California Public Utilities Commission. (38) (d) To General Services for inclusion in Garbage /Gen their records, letter of commendation Sry from Budd Picketts (dba, Blue Sails (44) Stationers). (e) To Planning Commission /Planning Ping /Npt Department for consideration and reply, Ctr SPlane request from Harbor View Hills Community (68) Association President for an amendment to correct error which now exists over the Newport Center sight plane. (f) To Public Works for reply, letter from P/W Mary L. Butler regarding program of work (74) being done on Santiago Drive and environs. (g) Removed from the Consent Calendar. (h) To Utilities Director for inclusion in Utilities their records, bulletin from State (89) Department of Water Resources Director • urging consideration to enact well construction ordinances to preserve the quality of ground water supplies in the City. (i) To Assistant to the City Manager for CATV /Group inclusion in the records, letter of W complaint from Warren F. Hillman and (42) response from Group W Cable, Inc. regarding cable service and problems. (j) To staff for reply, letter.from Kirk S. Lamb /Prpty Lamb requesting City purchase remaining Acq 7'k feet of allegedly unusable land as (73) the result of street widening. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Al "King Alfonso" Lizanetz's correspondence to various government officials in Washington, D. C., regarding his ongoing campaign against current high interest rates (including home mortgage rates); Avco Corporation; and the Seagram Distillery Family. (b) Orange County Division League of . California Cities Minutes and Division Report of November 18, 1982; and Tentative Agenda for January 13; 1.983. Volume 3,7.- Page 13 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL\Lg9 OLL G� • • I* MINUTES 7anuary 10, 1983 LTTZKI (c) Local Agency Formation Commission Minutes of November 24, 1982; Notice of Public Hearing and Preliminary Agenda for January 12, 1983. (d) Applications before the California Public Utilities Commission: 1) R. A. Mann, Inc. dba Global Tour Operators; 2) #82 -12 -02 Southern California Gas Company and Pacific Lighting Gas Supply Company; 30821297 Southern California Edison Company; 4) #82 -02 -40 Notice of Amendment of Southern California Edison Company. 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Robert Lawrence Baskin for personal Baskin injuries as a result of alleged treatment by City Police Department and Paramedics on October 31, 1982, at Superior Avenue near Pacific Coast Highway. (b) Paul A. Bogenrief for property damage to Bogenrief water softener as a result.of alleged drop in water pressure on December 11, 1982, at 1908 Yacht Maria. (c) California Casualty for Bonita Clark CA Casualty, alleging personal injuries as a result Clark of malfunctioning traffic signal at San Joaquin Hills Road and San Miguel, on November 29, 1982. (d) Mary Conway for alleged personal Conway injuries and reimbursement of eyeglasses, as a result of fall over water sprinkler at 2800 Ocean Boulevard, on November 14, 1982. (e) Application to Present Late Claim of Hshld Fed Household Federal Savings and Loan S &L Association for indemnification, alleging City negligently maintained trees and bushes along sidewalk on Martingale Way, causing trip and fall by Anthony Christopher on December 10, 1981. (f) Craig M. Hunt alleging false arrest at Hunt Newport Beach Police Department, on September 23, 1982. (g) Rupert Mark Medina alleging personal Medina injuries as a result of arrest by City Police Department on Coronado Street and Balboa Boulevard, on September 17, 1982. Volume :37 - Page 14 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES G ROLL \rAl '� �� January 10, 1983 IRIRFBC (h) Edward Miller for reimbursement of iller towing charges and replacement of cost of door handle, during December 18, 1982 at 2542 Pacific Coast Highway Parking Lot. (i) Lillian K. Morse for personal injuries Morse as a result of fall on alleged raised portion of cement slab directly south of tree between double entry door to post office at 191 Riverside Avenue, on November 28, 1982. (j) Nationwide Insurance for Zenas DeCamp Nationwide claiming alleged property damage to ins /DeCamp vehicle as result of collision with Police vehicle at Pacific Coast Highway, on November 10, 1982. (k) Frederick William Rohde for personal Rohde injuries, alleging City negligent in permitting defective shoulder and road at Jamboree Road south of Santa Barbara Drive, on September 22, 1982. (1) Donald K. Savage for reimbursement of. Savage ski jacket allegedly damaged, false arrest, and property damage during police arrest at Ocean and Narcissus, on December 23, 1982. (m) Dean,Scott Wiese for property damage as Wiese • a result of City sewer line allegedly backing up and overflowing into residence at Catalina Drive, on October 14, 1982. (n) Welba Wilcox for personal injuries as ,a Wilcox result of alleged accident with City Police vehicle on Euclid Avenue, on November 19, 1982. (o) Wendy Lianne Wilger for alleged false Wilger arrest, etc., at Ocean and Narcissus, on December 23, 1982. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Otto Kayser, Orange County Superior Kayser Court, Case No. 332736. Original claim was denied by City Council on October 23, 1979. (b) Richard Lee Worth, United States Worth District Court, Case No. CV 82- 5317- ER(G). Claim was denied by City Council on April 12, 1982. Volume 37 - Page 15 CITY OF NEWPORT BEACH COUNCIL MEMBERS 9C n� 9y9 g9 y� � tfj, ROLL tAlel 'P 'p �� January 10, 1983 MINUTES fi`fiTZ 8. REQUEST TO FILL PERSONNEL VACANCIES - For (66) approval: (Report from the City Manager) • (a) One Plan Check Engineer, Building Department:. (b) One Librarian II, Library Department. 9. STAFF AND COMMISSION REPORTS: For Council information and approval - (a) Report from the Traffic Affairs Central Npt Committee recommending continuation of St Swpg Prg the CENTRAL NEWPORT STREET SWEEPING (44) PROGRAM. (b) Report from the Traffic Affairs Npt Is /Pkg Committee recommending continuation of Perm the NEWPORT ISLAND PERMIT PARKING (63) PROGRAM. (c) Report from Parka, Beaches and Oasis /Shflbd Recreation Director regarding Crts SHUFFLEBOARD COURTS AT OASIS. (62) (d) Report from City Arts Commission Arts Cmsn/ regarding CITY HALL GALLERY SALES FEE. Gallery Sls (62) (e) Status report from City 'Attorney's Annex /Oxbow Office regarding OXBOW LOOP. (21) • 10. PUBLIC HEARING SCHEDULING - For January 24, 1983: (a) G & W TOWING APPLICATION FOR RENEWAL Ofcl P/D (OFFICIAL POLICE TOW SERVICE) Tow (70) (b) APPLICATION OF ALEJANDRO BULAJICH, U/P 3011(88) TXOMIN N.R. FOR USE PERMIT NO. 3011; PCA 581/ AMENDMENT 581; AND RESUBDIVISION NO. 737 Resub 737 on property located at 411 and 413 -30th Street on the northerly side of 30th Street between Newport Boulevard and Villa Way.. 11. BUFFALO HILLS PARK TURF REFURBISHMENT Bflo Hls Pk CONTRACT NO. 2372 - Approve the plans and Rfrbshmt specifications;; and authorize the City Clerk C -2372 to advertise for bids to be opened at 10:30 (38) a.m., on February 8, 1983.. (Report from Parks, Beaches and Recreation) 12. Removed from the Consent Calendar. 13. BUDGET AMENDMF14TS - For approval: (25) BA -049, $180.00 Transfer in Budget Appropriations for purchase of Chair for Assistant to the City Manager to replace old chair; City Manager- Furniture and Fixtures • Fund. Volume 37 - Page 16 CITY OF NEWPORT BEACH COUNCIL MEMBERS �'A �� January 10. 1983 MINUTES 7 G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. APPLICATION OF' RICH HORMUTH - To construct Kings Rd/ . nonstandard improvements in public Nstd Impvms right -of -way adjacent to 607 Kings Road (80) (EP -81 -244), was presented with report from Public Works recommending approval subject to deletion of turfstone pavement in the public right -of -way; and prior execution of an indemnity agreement by the applicant which will be recorded with the Orange County Recorder. Motion x Motion was made to defer this item to January k11 Ayes 24, 1983, per request of the applicant. 2. Proposed Ordinance, being, Bldg Ofcls/ Citations AN ORDINANCE OF THE CITY OF NEWPORT (26) BEACH AMENDING PROVISIONS OF TITLE 1 CHAPTER 12 OF THE NEWPORT BEACH MUNICIPAL CODE EMPOWERING BUILDING OFFICIALS AND BUILDING INSPECTORS OF THE CITY OF NEWPORT BEACH WITH AUTHORITY TO MAKE ARRESTS FOR VIOLATIONS OF TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE (Report from City Attorney's Office), was presented for introduction. * on x Motion was made to refer the subject Ayes ordinance back: to staff for further study. If deemed appropriate, said item to be.placed on Study Session Agenda. Council Member Plummer entered the meeting at this time, and took her seat. 3. Resolution from the City of Tustin regarding Legislation support for the League of California Cities (48) and its Divisions to request State Legislature enact legislation requiring an environmental review of the bullet train; and request from City of Anaheim to communicate opposition to balancing the State budget at the expense of city services, to State representatives, was presented. Motion x Motion was made to support the request that All Ayes the State Legislature enact legislation requiring an environmental review of the bullet train; and refer the request from the City of Anaheim to the Pending Legislation and Procedural. Ethics Committee. 4. Proposed resolution approving Memorandum of 011 /Armstrg Settlement (Armstrong and Mobil Oil Company), 6 Mobile and authorizing Mayor to execute Agreement, (73) with report from the City Manager, was presented. Volume 37 - Page 17 CITY OF NEWPORT BEACH COUNCIL MEMI RS Rni t rAi I =�9 9 s January 10, 1983 MINUTES imney Motion x Motion was made to adopt Resolution No. 83 -7, Res 83 -7 All Ayes approving Memorandum of Settlement, subject to approval of adequacy,of the legal title. H. ORDINANCES FOR ADOPTION: 1. Ordinance No. 83 -3, being, Ord 83 -3 Citations/ AN ORDINANCE AMENDING SECTION 1.12.020 Warrants OF THE NEWPORT BEACH MUNICIPAL CODE BY (70) PROVIDING FOR PENALTY CHARGES OF INFRACTION FOR ANY PERSON FOUND RESISTING,; DELAYING, OR OBSTRUCTING ANY NONSWORN EMPLOYEE WHILE IN THE DISCHARGE OF ENFORCEMENT DUTIES OF.HIS OFFICE, was presented for second reading, with report dated December 1, 1982, from the Police Department. It was noted that if the ordinance were adopted, every person who willfully resists, delays, or obstructs any public officer or employee while.that officer or employee is enforcing, or attempting to enforce any provision of the Municipal Code or State Law, is guilty of a misdemeanor. As stated in the staff report, a recent incident prompted the request for an ordinance which would afford nonsworn • employees some measure of protection. Lt. Michael Blitch addressed the Council and stated that the incident cited in the staff report has occurred in the past. He pointed out that this will not affect the "arrest" powers. It only adds a specific section to the code which allows for prosecution. Motion x Motion was made to adopt Ordinance No. 83 -3. Motion x Substitute motion was made to not adopt Ordinance No. 83 -3. Motion x Discussion ensued, whereby it was noted that Ayes x x x x x x the ordinance does not specify that.the Noes x nonsworn employees shall be Police Department personnel only. Following consideration, Mayor Pro Tem Maurer withdrew his motion; and motion was made! to defer this item to February 14 for further study, with consideration given to amending said ordinance to reflect that it shall apply only to Police Department nonsworn employees. • Volume 37 - Page 18' - CIT'Y -0F NEWPORT BEACH COUNCIL MEMBERS \rAIN\I s RO LL ��-0 s�0 9 ss January 10, 1983 MINUTES fl.T1T 2. Ordinance No. 83 -4, being, Ord 83 -4 Video Game AN ORDINEINCE AMENDING TITLE 5 OF THE Rega /Bus Lic • NEWPORT BEACH MUNICIPAL CODE TO REGULATE (27) ELECTRONIC VIDEO GAME MACHINES, was presented for second reading, with report dated December 6, 1982, from the City Attorney's Office. James (Buzz)'Person, 201 Shipyard Way, and Marjorie Malloy, representative of the Newport Elementary School PTA, addressed the Council in support of the ordinance, and commended the staff for their efforts in this regard. Motion x Motion was made to adopt Ordinance No. 83 -4. All Ayes I. CONTINUED BUSINESS: 1. Report from Parks, Beaches and Recreation Volleyball Director regarding BEACH VOLLEYBALL Instl /Mntnc RESOLUTION, dated November 22, 1982, was PB &R presented. (62) It was noted that this item had been deferred from the November 22, 1982 City Council meeting for input from residents on the Peninsula, who would be affected by the proposed volleyball tournament area between "B and C" Streets on the east side of • Peninsula Park. It was recommended by the Parks, Beaches and Recreation Commission that the Council adopt the proposed resolution, which establishes a revised beach volleyball policy and direct staff to carry out the removal, relocation and installation of volleyball courts, as listed in the policy. The following persona addressed the Council and voiced their objections to placing eight volleyball courts at the subject location: Ruth Mace, 1025 E. Balboa Boulevard Dona Colombero,•1003 E. Balboa Boulevard Georgia Mahoney, 814 E. Ocean Front John Jensen, 1303 E. Balboa Boulevard It was indicated by those opponents who spoke, that the volleyball poles would "mar" a beautiful beach; they would be an attractive nuisance; and a volleyball tournament would increase traffic, parking, litter and police enforcement problems. • Volume 37 — Page 19 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES \A1 % 12 r%1 t 1g�1P\ %P January 10, 1983 INDEX The Director of Parks, Beaches and Recreation Volleyball stated that if the subject location were Instl /Mntnc approved, the proposed volleyball tournament • would be held in August. He estimated the cost for installation and removal of the volleyball poles, would be between $400 and $500 on an annual basis. He stated that the tournament consists of approximately 100 -150 teams, and that it is a self- supporting program. He also added that the tournament is open to nonresidents, but it is primarily made up of Newport /Costa Mesa youths. Roger Morin, Member of the Parks, Beaches and Recreation Commission, and Chairman of the Committee on Beach Volleyball Policy, advised that the volleyball poles would not be parallel to the ocean, and therefore, should not be offensive to the fronting Ocean Front residents. He stated that a great deal of time and effort has gone into the volleyball study. He stated that in looking for a tournament location, consideration must be given to facilities available such as restrooms, parking, etc. He requested they be allowed to conduct the proposed tournament on a one -time basis with a review by the Parks, Beaches and Recreation Commission, and City Council following said tournament. Todd Schooler, 107 -15 Sonora Avenue, addressed the Council in favor of the proposed tournament. He suggested consideration be given to having the tournament in the "off- season." Mark McKenzie, employee of the Parks, Beaches and Recreation Department, stated that the volleyball tournaments begin at 8:30 a.m. They did conduct a tournament at Balboa Pier in 1980 and again in 1981, and at that time' there were no objections from local residents following the events. The subject area was selected for a tournament because of the parking situation. restroom and restaurant facilities, and the condition of the sand. He emphasized that 75% of the participants are Newport Beach /Costa Mesa high school and college students. He did feel, however, that if permanent poles were placed at the proposed location, they would be used during the Summer months. Motion x Following discussion, motion was made to Res 83 -9 All Ayes adopt Resolution No. 83 -9, establishing regulations controlling the installation and maintenance of volleyball playing areas on public beaches in the City and rescinding Resolution No. 7282, and to amend Section 5 • of said resolution to read: Volume 37 - Page 20 • Motion All Ayes Mik n All Ayes • x CITY OF NEWP0RT BEACH MINUTES 1983 "The Corona del Mar site shall have eight permanent courts. The 'B and C' Street site shall have eight temporary courts with poles to be installed immediately prior to the tournament and removed immediately following the tournament." In addition, the staff was requested to schedule a report to the City Council immediately following the tournament on the characteristics and /or problems, if any, of the tournament. 2. Report from the Traffic Affairs Committee Tfk Sgns/ regarding the POSTING OF STOP SIGNS ON Poinsetti POINSETTIA AVENUE AT THIRD AVENUE, was & Third presented. (85) Motion was made to adopt Resolution No. Res 83 -10 83 -10, designating a two -way intersection where vehicles are required to stop on Poinsettia Avenue at Third Avenue, and directing the Traffic Engineer to erect and maintain all necessary signs thereat. 3. Appointments to CITY COUNCIL AD HOC ELECTION I(24) REVIEW COMMITTEE. Report dated November 29, 1982 from the City Attorney's Office, was presented with resolution. Motion was made to defer subject item to January 24 Study Session for further review, and to place said matter on the February 14 agenda for action. J. CURRENT BUSINESS: 1. APPEAL OF ELEANOR AND JOHN BALDWIN from lCurb Cut/ denial.of an application to construct a curb Baldwin cut at 213 Jasmine Avenue, Corona del Mar, (80) was presented. Report from Public Works, was presented: It was noted in the staff report that the applicants presently have a single carport (open on two sides) located under a second floor of their two -story house, which is located at the rear of their lot. They desire a two -car garage for their motorhome and a car. The staff felt that it was not practical to create another garage space within the existing house because, among other reasons, there would not be enough head room underneath the second floor to accommodate the height of the motor home. Volume 37 - Page 21 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ROLL CAL 'S, G �,p S� January 10, 1983 INDEX John Baldwin, applicant, addressed the Council and stated that he wished to erect the garage in order to protect his car and • motorhome from the weather and beach salt air. He referred to his letter of December 7, 1982, supporting the request. He discussed the loss of two street parking spaces on Jasmine Avenue as the result of his driveway, and pointed out that the City gained two parking spaces across the street. He urged the Council give serious consideration to the request. Motion x Following discussion, motion was made to deny All Ayes the application. 2. APPLICATION OF JAMES D. ANDERSEN to replace a Encrchm /Perm raised patio that encroaches 6 feet into the Andersen public right -of -way adjacent to 1304 South (65) Bay Front, Balboa Island, was presented. Report from Public Works, was presented. It was noted that the applicant has applied for a permit to replace a 1.5 foot -high raised wooden deck that encroaches six feet into the public right -of -way adjacent to 1304 South Bay Front, with a 1.5 foot -high raised. concrete and the patio deck; and to be allowed to retain four encroaching existing brick pillasters that are approximately four • feet in height measured from the sidewalk. It was recommended that if the application were approved before the permit is issued, the applicant execute an agreement for nonstandard improvements, which contains language to the effect that, should the City Council ever determine that the portion of the public right -of -way covered by the private encroachments is needed for public purposes, the property owner will remove the encroachments at no cost to the City. Motion x Motion was made to approve the subject All Ayes application, subject to the execution of an agreement for nonstandard improvements, as set forth in the foregoing. 3. APPOINTMENTS BY MAYOR TO VARIOUS COUNCIL (24) STANDING AND AD HOC COMMITTEES. Cncl Ad Hoc/ Stndg Cmtes A copy of Council Policy A -9, and current Council Committees list, was presented. Mayor Hart appointed the following; I. COUNCIL STANDING COMMITTEES A. Appointments Committee • Mayor Hart. Mayor Pro Tem Maurer, Chairman Council Member Agee Volume 37 - Page 22 COUNCIL MEMBERS �`��0¢�9 OLL CAL • • CITY OF NEWPORT BEACH January 10, 1983 IN ®EX Cncl Ad Hoc/ Stndg Cmtes B. Budget Committee Chairman Strauss Council Member Cox C. Off- Street Parking Committee Council Member Agee, Chairman Council Member Plummer D. Pending Legislation & Procedural Ethic Committee City Attorney, Chairman City Manager Council Member Heather Council Member Cox E. Tidelands Affairs Committee Marine Director Mayor Pro Tem Maurer, Chairman Council Member Plummer F. Underground Utilities Coordinating Committee Council Member Cox, Representative G. Water Committee Council Member Cox, Chairman Mayor Pro Tem Maurer II. COUNCIL AD HOC COMMITTEES A. The Aviation Committee City.Attorney City Manager (Homeowner's Assn. Clarence Turner Representative) (Airport Action Vince Jorgenson Assn. Repr.) Council Member Strauss, Chairman Council Member Heather (Volunteer Dennis O'Neil Attorney) B. City Council Ad Hoc Airport Committee Council Member Cox, Chairman Council Member Strauss Mayor Hart Volume 3.7 - Page 23 IN ®EX Cncl Ad Hoc/ Stndg Cmtes COUNCIL MEMBERS \CAL\LROLL • • CITY OF NEWPORT BEACH MINUTES January. 10, 1983 tL`T�I?ii Cncl Ad Hoc/ Stndg Cmtes C. Joint; City Council /Planning Commi.sson Ad Hoc Housing Task Force Mayor or Mayor Pro Tem Council Member Heather, Chairman Council Member Cox (Planning Jerry King Commissioner) (Planning Paul Balalis Commissioner) D. Santa Ana Heights Ad Hoc Committee Council Member Cox, Chairman Council Member Strauss Mayor Pro Tem Maurer E. Local. 208 Planning Advisory.Group Robert Wiese (Private Citz.) Brook Bentley (Private Citz.) (Rep. of Public Jean Watt Interest Group) (Rep, of Public Bart Ellerbroek Interest Group) (Public Mayor Pro Tem Maurer Official) Planning Commissioner (Public King Official) (Economic Robert Shelton Int. Repr.) (Economic Greg Boston Int. Repr.) III. JOINT GOVERNMENTAL COMMITTEES A. City-- School Liaison Committee City Manager Council Member Cox, Chairman Mayor Pro Tem Maurer B. Inter- City,Relations Committee City Manager Council Member Plummer, Chairman Mayor Hart C. Joint: Harbor Committee Mayor Pro Tem Maurer, Chairman Council Member Plummer D. League of California Cities - OranEL Country Division Mayor Hart Mayor Pro Tem Maurer (Alt. to abv.) Volume-37 - Page 24 tL`T�I?ii Cncl Ad Hoc/ Stndg Cmtes COUNCIL MEMBERS \CAL ;OLL Gf �G �� �� y, G L • • CITY OF NEWPORT BEACH MINUTES January 10, 1983 INUT"i Cncl Ad Hoc/ Stndg Cmtes E. Lea ue of California Cities — State Mayor Hart Mayor Pro Tem Maurer (Alternate) F. Orange County Sanitation Districts District 5 Mayor Hart Council Member Cox (Alternate) Mayor Pro Tem Maurer Council Member Agee (Alternate) District 6 Mayor Hart (Alt. to Council Member Plummer abv.) District 7 Mayor Hart (Alt. to Council Member Heather abv.) G. Orange County Vector Control District Council Member Strauss H. Santa Ana River Flood Protection Agew y Council Member Plummer Council Member Strauss (Alternate) I. Southern California Association of Governments (SCAG) Mayor Hart Mayor Pro Tem Maurer (Alternate) J. Upper Newport Bay Ecological Reserve Public Advisory Committee Mayor Hart Council Member Cox (Alternate) K. Route 55 Policy Advisory Committee Council Member Agee L. Orange County Housing Authority Barnett Larks IV. CITIZENS ADVISORY COMMITTEES A. Bicycle Trails Citizens Advisory Committee Council Member.Agee (Liaison) Mayor Pro Tem Maurer (Liaison) Volume 37 -- Page 25 INUT"i Cncl Ad Hoc/ Stndg Cmtes COUNCIL MEMBERS \CAL\L.9 ROLL Motion All Ayes • CITY OF NEWPORT BEACH MINUTES January 10, 1983 INDE)< Citizens Adv Cmtes (24) B. Environmental Quality Citizens Advisory Committee Council Member Heather (Liaison) Council Member Strauss (Liaison) C. Newport Beautification Committee Council Member Plummer (Liaison) D. Citizens Traffic Advisory Committee Council Member Cox (Liaison) Council Member Agee (Liaison) 4. Appointments to the Citizens Advisory Committees for a one -year term expiring December 31, 1983 (appointed by Council upon recommendation of each Council Member). x Motion was made to confirm the following appointments /reappointments: Bicycle Trails Citizens Advisory Committee (District 1) Council Member Strauss's appointments deferred to January 24, 1983. (District 2) Council Member Plummer's reappointments of Virginia McClellan and Sterling 'Wolfe. (District 3) Mayor Hart's reappointments of Steven L. Dobbie and Donald Harvey. (District 4) Council Member Heather's reappointment of Thomas Fish; remaining appointment deferred to January 24, 1983. (District 5) Mayor Pro Tem Maurer's reappointments of John Konwiser and Frances P. English. (District 6) Council Member Agee's appointments deferred January 24, 1983. (District 7) Council Member Cox's reappointments of Kathleen Freeman and Peggy Smith. x Motion was made to confirm the following appointments /reappointments: Environmental Quality Citizens Advisory Committee (District 1) Council Member Strauss's reappointment of Bobby Lovell; remaining appointment deferred to January 24, 1983. Volume 37 •- Page 26 INDE)< Citizens Adv Cmtes (24) CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES �ct^0 3►q'S9y�� s� S G Pem i At t F� 'A January 10, 1983 INDEX (District: 2) Council Member Plummer's Citizens reappointments of Janice de Bay and Adv Comtes Robert Moody. (District: 3) Mayor Hart's reappointments of Jim Turner and Brion Jeannette. (District 4) Council Member Heather's appointments of Tom Thompson and Diane Dixon. (District 5) Mayor Pro Tem Maurer's reappointment of Mary Lou Zoglin and appointment of Terry Smith. (District 6) Council Member Agee's appointments deferred to January 24, 1983. (Districit 7) Council Member Cox's reappointments of Bernard Pegg and Chriss Street. Motion x Motion was made to confirm the following All Ayes appointments /:reappointments: Newport 1Beautification Citizens Advisory Committee (District 1) Council Member Strauss's reappointment of Ann Iverson; remaining appointment deferred to January 24, 1983. (District 2) Council Member Plummer's reappointments of John Hughes and Rosemary Luxton. (District 3) Mayor Hart's reappointment of Betty Hogg and appointment of Harold Glass. (District 4) Council Member Heather's reappointments of Pat Eichenhofer and LaVerne Schvarz. (District 5) Mayor Pro Tem Maurer's appointments of William Finster and Anita Boyd. (District 6) Council Member Agee's, appointment of Dick Foray; remaining appointment deferred to January 24, 1983. (District 7) Council Member Cox''s reappointments of Gordon Kilmer and Bror C. Monberg. Volume,-37 - Page 27 COUNCIL MEMBERS �o co'yy tiq yt.'g m� Motion All Ayes Pi Motion All Ayes Motion All Ayes CITY OF NEWPORT BEACH MINUTES January 10, 1983 INDEX Citizens Adv Comtes U/P 3013 x Motion was made to confirm the following appointments /reappointments: Citizens Traffic Advisory Committee (District 1) Council Member Strauss's appointments deferred to January 24; 1983. (District 2) Council Member Plummer's appointments deferred to January 24, 1983. (District 3) Mayor Hart's reappointment of Otto Schroeder; remaining appointment deferred to January 24, 1983. (District 4) Council Member Heather's reappointment of William Lusk; remaining appointment deferred to January 24, 1983. (District 5) Mayor Pro Tem Maurer's reappointment of James Helperin and appointment of James Andre. (District 6) Council Member Agee's appointments deferred to January 24, 1983. (District 7) Council Member Cox's reappointments of George Spragins and Gordon Young. Technical 011 Advisory Committee - (4 -year team) x Motion was made! to defer the above appointment to February 14, 1983. K. ADDITIONAL BUSINESS: X 1. Motion was made! to schedule public hearing for January 24, 1983, on Use Permit No. 3013, Application of Harvey Pease. Meeting was adjourned at 11:20 p.m. Mayer ATTEST: Att(e- City Clerk Volume 37 •- Page 28 INDEX Citizens Adv Comtes U/P 3013