HomeMy WebLinkAbout07/09/1984 - Regular MeetingPi OM
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MINUTES
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: July 9, 1984
A. ROLL CALL.
B. The reading of the Minutes of the
Meeting of June 25, 1984, was waived,
approved as written, and ordered filed.
C. The reading in full of all ordinances
and resolutions under consideration was
waived, and the City Clerk was directed
to read by titles only.
D. HEARINGS:
1. Mayor Hart opened the public hearing Utilities/
regarding PROPOSED UNDERGROUND UTILITIES Undergr -D#9
DISTRICT NO. 9 (along Superior Avenue (89)
from 15th Street northerly to the City
boundary).
Report from Public Works Department, was
presented.
The City Manager noted that the proposed
project is estimated to cost $250,800
which will be split three ways, as set
forth in the staff report.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion was made to adopt Resolution No.
84 -75 establishing Underground Utility
District No. 9 and ordering the removal
of poles, overhead wires and associated
overhead structures and.the underground
installation of wires and facilities for
supplying electric, communication or
similar or associated service within
that area of the City located within
said district.
E. PUBLIC COMMENTS:
None.
F. CONSENT CALENDAR:
The following actions were taken as
indicated, except for those items removed:
1. ORDINANCES FOR INTRODUCTION:
None.
Volume. 38 - Page 217
Res 84 -75
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July 9, 1984
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 84 -76 establishing
the salaries of Temporary and
Seasonal Classes for the 1984 -1985
Fiscal Year and amending the
Classification and Compensation
Plan to reflect said changes and
rescinding Resolution No. 83 -71.
(Report from Personnel)
(b) Resolution No. 84 -77 implementing
Salary and Benefit increases for
Employees who are members of the
Newport Beach Police Employees
Association (NBPEA). (Report from
Personnel)
3. CONTRACTS /AGREEMENTS:
(a) Authorize the Mayor and City Clerk
to execute Engineering Services
Agreement for Design of Upper
Newport Bay Bike /Equestrian Trail
(C- 2435), with Austin -Foust
Associates, Inc. (Report from
Public: Works)
4. COMMUNICATIONS - For referral as
- indicated:
(a) To the City Clerk for notification
of Mayor Hart and Mayor Pro Tem
Maurer as voting delegates for
League of California Cities' 1984
Annual League Conference.
(Attached)
(b) To Traffic Affairs Committee for
response, request from Rendezvous
Condominium Association for signing
regarding parked buses to stop
engines in the vicinity of 600 E.
Ocean Front, near the Balboa Pier
in an effort to eliminate air and
noise pollution.
(c) To Planning Department for
inclusion in the records, comments
from Fair Housing Council of Orange
County regarding the City's update
on the Housing Element.
(d) To Traffic Engineer for response,
letter. from Mrs. Lorraine Leavitt
regarding bike trails in Newport
Beach as compared with those in
Huntington Beach, and commercial
trucks blocking alleys on Balboa
Island.
Volume 38 - Page 218
Personnel/
Temp & Seasn
Clsfctns
Res 84 -76
(66)
°84 -85
Res 84 -77
C -2056
(38)
UprNpt Bay
Bike /Egstr
C- 2435(A)
(38)
gue CA
/°84
1 Cnf
k Signs
(74)
Fair
Cnsl /Npt
Elmt
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MINUTES
July 9, 1984
(e) To Pending Legislation and ' Legislation
Procedural Ethics Committee, Letter (48)
from J. W. Payton regarding support
for restrictions on expenditures of
the Senate and Assembly of the
State of California.
(f) To Finance Department for
preparation of a budget amendment,
report from the General Services
Department for relocation of the
Corona del Mar Transfer Station.
(g) To staff for response, letter from
SPON regarding Santa Ana Heights
Annexation.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Local Agency Formation Commission
of Orange County, Preliminary
Agenda - July 11, 1984.
(b) Petition for special relief by
Group W Cable, Inc. before the
Federal Communications Commission.
(c) Newport- Laguna Properties
notification of delinquent penalty
regarding renewal of business
license, alleging negligence by the .
Riverside Post Office during a
change of address notification.
6. CLAIMS FOR DAMAGES - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Joan Hauke for alleged violation of
constitutional rights, damage to
well- being, etc., during her arrest
at 3801 Park Green Drive on April
4, 1984.
(b) Mark Hawkins seeking reimbursement
of towing charge, alleging his.
automobile was towed in error, and
without proper notification of work
being done in alley at 204 -B 36th
Street, on May 7, 1984.
(40)
S /Ana Hgts
(21)
(36)
Hawkins
(c) Mrs. Sylvia Weisz Hirschfield for Hirschfield
plumbing cost reimbursement,
alleging City broke gas' pipe
leading into_her house, at 507 Via
Lido Soud, during street
construction on April 17., 1984.
Volume 38 - Page 219
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(d) Susan Prichard for property damage
Prichard
to tire of her vehicle, allegedly
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due to obstruction in road at
Bristol towards the "Y" entrance to
freeway on June 15, 1984.
(e) Southern California Gas Company for
SoCAGasCo
property damage, alleging City
backhoe broke gas line at "G"
Street, south of Ocean Front on May
29, 1984.
7. SUMMONS AND COMPLAINTS - For denial and
(36)
confirmation of the City Clerk's
referral to.the claims adjuster:
(a) Virginia Swanson for personal
Swanson
injuries and damages, Orange County
Superior Court, Case No. 42- 40 -20.
Claim was denied by City Council on
October 24, 1983.
(b) Terri G. and George Tellam for
Tellam
personal injuries and damages,
Orange County Superior Court, Case
No. 43- 24 -84. Claim was denied by
City Council on January 23, 1984.
8. REQUEST TO FILL PERSONNEL VACANCIES:
(66)
(Report from the City Manager)
(a) One Associate City Engineer, Public
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Works Department.
(b) One Public Works Inspector, Public
Works Department.
(c) One Steno Clerk II, Library
Services Department.
(d) One Equipment Operator I, Field
Maintenance Division.
(e) One Documentations Analyst, Data.
Processing Division.
9. STAFF AND COMMISSION REPORTS - For
Council information and approval:
(a) Report from the Planning bepartment
Plang /Rntl
regarding RESULTS OF THE RENTAL
Rt Srvy
VACANCY RATE SURVEY.
(68)'
(b) Removed from the Consent
Calendar.
(c) Report from the Parks, Beaches and
PB &R/Andrsn
Recreation Director regarding
Schl
RENOVATION OF ANDERSEN SCHOOL
C -2453
ATHLETIC FIELD.
.(38)
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Volume 38 - Page 220
Rk
COUNCIL MEMBERS
\CALROLL
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July 9, 1984
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(d) Removed from the Consent Calendar.
(e) Report from Executive Assistant to
0 /C -JWyn
the City Manager regarding
Arprt
RETENTION OF CONSULTANTS TO REVIEW
(54)
JOHN WAYNE AIRPORT MASTER PLAN,
LUCP, AND EIR.
(f) Removed from the Consent Calendar.
10. PUBLIC HEARING SCHEDULING - July 23,
1984:
(a) RESUBDIVISION NO. 773 - Request of
Resub 773
PULASKI AND ARITA, Newport Beach,
(84)
to resubdivide an existing parcel
of land into a single parcel for
residential condominium purposes,
and the acceptance of an
Environmental Document;
AND
USE PERMIT NO. 3091(REVISED) -
U/P 3091(R
Request of PULASKI AND ARITA,
Rsdntl Prm
Newport Beach, to permit a
#8
four -unit residential condominium
(88)
development and related garages on
property located at 1319 East
Balboa Boulevard, Balboa Peninsula,
in the R -3 District. The proposal
also includes a modification to the
Zoning Code so as to allow a
reduced width for a proposed
parking access drive in conjunction
with extra wide garages;
AND
RESIDENTIAL COASTAL DEVELOPMENT
PERMIT NO. 8 - Request of PULASKI
AND ARITA. Newport Beach, to
consider a Residential Coastal
Development Permit for the purpose
of establishing project compliance
for a four -unit residential
condominium development pursuant to
the Administrative Guidelines for
the implementation of the State Law
relative to low- and
moderate- income housing within the
Coastal Zone. (Report from Planning
Department)
(b) PROPOSED UNDERGROUND UTILITIES
Utilities/
DISTRICT NO. 10 (Vicinity of east
Undgr -D#10
Balboa Boulevard at "I" Street) -,
(89)
To determine whether or not an
Underground Utilities District
should be formed. (Report from
Public_ Works)
Volume 38 - Page 221
1h1 r%C V
11. WEST COAST HIGHWAY SEWER MAIN
W/C H'wy
REPLACEMENT (62ND STREET TO BITTER POINT
SwrMnRplcm
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PUMP STATION, C -2274) - Accept the work;
and authorize the City Clerk to file a
C -2274
(38)
Notice of Completion and release the
bonds 35 days after Notice of Completion
has been recorded, provided no claims
filed. (Report from Public Works)
12. LIDO ISLE RESURFACING PROGRAM, PHASE III
L /IsleRsrfcg
(C -2313) - Accept the work; and
Phase III
authorize the City Clerk to file Notice
C -2313
of Completion and release the bonds 35
(38)
days after Notice of Completion has been
recorded, provided no claims .filed.
(Report from Public Works)
13. RESUBDIVISION NO. 726 - Accept the.offer
Resub 726
of dedication of a 5 foot wide
(84)
pedestrian access easement adjacent to
the bulkhead (Lots No. 1 and 2, Block
426, Lancaster's Addition to Newport
Beach, located at 2800 Lafayette Avenue
on the northeasterly corner of Lafayette
Avenue and 28th Street in Cannery
Village). (Report from Public Works)
14. RESUBDIVISION NO. 770 - Accept the offer
Resub 770
of dedication of a 15 foot radius corner
(84)
cutoff at the intersection of 28th
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Street and Villa Way; approve a
subdivision agreement guaranteeing
completion of the public improvements
required with Resubdivision No. 770; and
authorize the Mayor and City Clerk to
execute said agreement (Lots 27 and 28,
Block 225, Lancaster's Addition located
at 2805 Villa Way, on the northwesterly
corner of Villa Way and 28th Street in
Cannery Village). (Report from Public
Works)
15. CAMPUS DRIVE RESURFACING FROM MACARTHUR
Campus Dr
BOULEVARD TO JAMBOREE BOULEVARD (C -2436)
Rsrfcg
- Authorize the Mayor and City Clerk to
C- 2436(A)
execute Cooperative Agreement between
(38)
City of Newport Beach and City of
Irvine; approve the plans and
specifications; and authorize the City
Clerk to advertise for bids to be opened
at 11:00 a.m., on July 31, 1984.
(Report from Public Works)
16. BUDGET AMENDMENTS:
None.
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Volume 38 - Page 222
MINUTES
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G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from the Planning Department
GPA 84 -1
regarding PROPOSED GENERAL PLAN
(45)
AMENDMENT (CPA 84 -1), requests initiated
by the City of Newport Beach to amend
the Newport Beach General Plan, was
presented.
Council Member Strauss made reference to
proposed General Plan Amendment, Part A
(Newport Center Animal Hospital) stating
his remarks would not pertain to Part B
(Irvine Coastal Area). He stated he
thought it was unusual to have a general
plan amendment with only 1,500 square
feet of space, inasmuch as general plan
amendments are usually of a much larger
scale and related to the future plans of
the City. He did not feel this request
fell into that category. He stated he
felt this was an inappropriate approach
to land -use development.
It was pointed out that Block 300 could
accommodate a transfer of office
development rights from the remaining
pool of 8,424 sq. ft. of office
development allowed in Newport Center.
However, The Irvine Company has
indicated an unwillingness to transfer
any portion of the remaining allowable
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office development to this block.
During comments, the City Manager stated
that the staff felt there was no other
legal way to accomplish this request
other than a, general plan amendment.
Motion
x
Following discussion, motion was made to
All Ayes
direct staff to proceed with Part B only
of General Plan Amendment No. 84 -1,
regarding Irvine Coastal Area.
It was indicated that staff would
contact The Irvine Company regarding
the possibility of transferring the
needed amount of office development
rights from the remaining pool in
Newport Center.
2. Report from the Parks, Beaches and
PR &R /Cncl
Recreation Director regarding FEE
Plcy I -5
SCHEDULE FOR RECREATION
(62/69)
FACILITIES - ATTACHMENTS A & B (COUNCIL
POLICY I- 5),,was presented.
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Volume 38 - Page 223
Motion
All Ayes
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Motion
Ayes
Noes I x I I x I x I x Ix I x
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July 9, 1984
Following remarks by Council Member
Agee, motion was made to adopt the
recommended fee schedule for Recreation
Facilities, with the exception that
there be no increase in fees for meeting
rooms and picnic areas, used by
nonprofit group residents.
It was indicated that staff would notify
the Parks, Beaches and Recreation
Commission of the 'foregoing action,
should they wish to comment further on
this item.
3. Report from City Manager concerning the Personnel
COMPARABLE WORTH PETITIONS. 11(66)
Irene Butler, Vice - President of the
Newport Beach City Employees
Association, addressed the Council and
submitted a prepared statement in
response to the City Manager's report on
this issue.
In conclusion, it was requested by the
Association, that the City conduct a
study of City -wide clerical v.
nonclerical classifications, as soon as
possible, and that the Association
participate in the study by providing
input, as well as review.
Eileen Harrington, Secretary, Newport
Beach City Employees Association,
addressed the Council in support, urging
that a Comparable Worth study be done
immediately.
Council. Member Strauss stated he
recognizes Comparable Worth as a
nation -wide issue. However, he did take
exception to the comment made by Mrs.
Butler to the effect that the method the
City used to evaluates its employees is
illegal, which, he stated, has never
been demonstrated to him. He also
stated that he has no objections to
giving this matter serious
consideration.
Motion was made that Management continue
to monitor further developments on
Comparable Worth, and report back to the
City Council. as appropriate, but that no
specific studies be undertaken at this
time.
Volume 38 - Page 224
COUNCIL MEMBERS
0
Motion
All Ayes
0
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IrItT
July 9, 1984
_ INDEX
H. ORDINANCES FOR ADOPTION:
1. ORDINANCE NO. 84 -17, being, Water Srvc
Ord 84 -17
AN ORDINANCE OF THE CITY OF NEWPORT (93)
BEACH AMENDING SECTION 14.04.170 OF
THE MUNICIPAL CODE TO DELETE
RESTRICTIONS ON CONTRACTS FOR WATER
SERVICE OUTSIDE THE CITY,
was presented for second reading and
adoption with memorandum from the
Executive Assistant dated June 25, 1984.
Motion was made to adopt Ordinance No.
84 -17.
I. CONTINUED BUSINESS:
1. Report from Public Works - Traffic Trfk /BckBay
Engineering regarding TRAFFIC CONTROL ON Dr
BACKBAY DRIVE, was presented. (85)
Letters expressing objections to
reopening Back Bay Drive to automobile
traffic from Robert C. Ottke, Judy F.
Jones, and Judy T. Brown (who reference
concurrence by Susan and Steve Hay,
Carol and Walt Boice, Barbara and Bud
Quist, Tina and Dave Ault), were
presented.
The City Clerk advised that after the
agenda was printed, five additional
letters were received in opposition to
opening Backbay Drive to vehicular
traffic from Paul S. Weinberg, Rich and
Jame Richardson, Mr. and Mrs. Robert E.
Klein, Hall and Melinda Seely, and A.
Zoe Snider.
The City Manager reviewed the background
history connected with this item, as set
forth in the: staff report.,
The following persons addressed the
Council in support of closing Backbay
Drive to vehicular traffic:
Chriss Street, 2235 Pacific Drive
Robert Brown, 1220 Park Newport
Ron and Linda Sanders, 1540 E.
Ocean. Blvd.
Larry Stockton, 2924 Carob Street
Gene Waggoner, 2573 Elden, Costa
Mesa
John Manley, 4000 Park Newport
Volume 38 - Page 225
coy of KEZOPOR7 BEACH
f� � �lA� July 9, 1984
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MINUTES
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Bill Marco, 1000 Park Newport
David Steffani,14 Burning
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Tree Road
Robert Brown, 1220 Park
Newport
John Koombe, President, North Bluff
Bayview Homeowners Association
Julian Whitaker, 2900 Park
Newport
Walter Rios, 2415 Novia Place
Claude Johnson, 4000 Park
Newport
David Lewis, 505 Begonia
Bob Hoag, Santiago Drive
June Grimes, 1820 Park Newport
The following persons spoke in support
of opening Backbay Drive to one -way
vehicular traffic:
Mat Cox, (no address given)
Dale Steward, 16 Cypress Point
George Hill,.715 Bayside Drive
Scott Douglas, 2807 Douglas Street,
Costa Mesa
Ronald Hein, Wildlife Manager.for the
State Department of Fish and Game,
addressed the Council, and stated that
the Ecological Reserve was acquired by
the Department of Fish and Game for four
basic purposes, two of which are
pertinent to the issue under
consideration: 1) to promote the
scientific research and education of our
national resources; and 2) to provide
public recreation that is compatible
with the reserve. He stated that, in
his opinion, the Department would not .
object to some additional vehicle
restrictions, such as changing the road
to one -way, but he did feel they would
oppose total closure to vehicular
traffic.
Motion
x
Following comments and consideration by
Urgency
the Council, motion was made to adopt
Ord 84 -18
ORDINANCE NO. 84 -18, being,
AN URGENCY ORDINANCE OF THE CITY OF
NEWPORT BEACH AMENDING SECTION
12.52.060 OF THE NEWPORT BEACH
MUNICIPAL CODE DESIGNATING THE
PORTION OF BACKBAY DRIVE BETWEEN
SAN JOAQUIN HILLS ROAD AND
EASTBLUFF DRIVE AS A ONE -WAY STREET
IN A NORTHERLY DIRECTION.
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Volume 38 - Page 226
(OF NEWPORT BEACH
COUNCIL MEMBERS
ROLL ��� �•� �'p Gd'd' July 9, 1984
lounr C
In addition, staff was directed to
report back to the City Council on
August 27, 1984, regarding the
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feasibility and cost estimates for
signing, striping, gates, lowering speed
limit, and overall road repairs.
Council Member Agee stated that he would
be opposing the motion, as he felt a
study should be completed prior to
selecting which "direction" the road
will be designated one -way.
Ayes
x
x
x
x
x
The motion was voted on and carried.
Noes
x
2. Report from Public Works, dated June 25,
Permits/
1984, regarding APPEAL FROM DENIAL OF.AN
Enchrcmt
APPLICATION TO CONSTRUCT STRUCTURAL
(65)
ENCROACHMENTS EXTENDING 4.5 FEET INTO
THE 8 -FOOT -WIDE PARKWAY ADJACENT TO 211
AGATE AVENUE, was presented.
Brion Jeanette, Architect for the
project, addressed the Council in
support of the request to have paving,
landscaping planters and a low patio
wall on the City's property. The
maximum height of the patio wall is 36"
with a 12" high planter wall.
It was pointed out in the staff report
that one wall is 3 -feet high and
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encroaches 2.5 -feet. The other wall is
1 -foot high and encroaches 4.5 -feet.
The net effect of the proposal is to
convert a portion of the public
right -of -way to private use. The back
of the sidewalk is 4.5 -feet from the
property line in this block. The
prevailing pattern in the neighborhood
is to encroach to the back of the
sidewalk, leaving 3.5 -feet for
pedestrians.
Motion
x
Following discussion, motion was made to
All Ayes
uphold staff's recommendation to deny
the subject appeal.
3. Report from Planning Department, dated
Cncl Ad
June 25, 1984, regarding establishing a.
Hoc /Cnry
CITY COUNCIL AD HOC CANNERY
Vlg /McFdn
VILLAGE /MCFADDEN SQUARE SPECIFIC AREA
Sq Pln Cmte
PLAN COMMITTEE, was presented.
(24)
The City Clerk advised that after the
agenda was printed, a letter was
received from Merchants, Residents and
Property Owners of 31st Street /Cannery
Village area regarding needed
improvements in their area.
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Volume 38 - Page 227
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Motion
x
Motion was made to adopt Resolution No.
Res 84 -78
All Ayes
84 -78, establishing a City Council Ad
Hoc Committee consisting of three
members of the City Council to review
the recommendations of the Planning
Commission and assist the City Council.
in the adoption of a CANNERY
VILLAGE /MCFADDEN SQUARE SPECIFIC AREA
PLAN; and appointed the following: Mayor
Hart, and Council Members Donald Strauss
and Ruthelyn Plummer.
J. CURRENT BUSINESS:
1, Verbal report from the President of the
NBCEA /Meet-
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION
& Confer
REGARDING 1984 -85 NEGOTIATIONS IMPASSE,
(66)
was presented by Mel Koehn, President of
the Newport Beach City Employees
Association, who addressed the Council
and stated that one of the reasons the
Association is coming before the City
Council is because they feel the City is
violating one of its own resolutions,
i.e., Employer- Employee Relations
Resolution No. 7173, SECTION 18 -
Advance Notice - which states:
"Except in case of emergency, each
Recognized Employee Organization
affected shall be given written
notice of any resolution, rule or
regulation directly relating to
matters within the scope of
representation proposed to be
adopted by the City Council and
shall be given the opportunity to
meet with the City Representative
prior to its adoption."
Mr. Koehn stated that the method in
which salaries were calculated this year
was changed, and.their Association was
not given advance notice.
Mr. Koehn stated that they have also
requested consideration be given to
retirement based on the highest year,
rather than the last three years.
Motion
x
Following comments, motion was made to
All Ayes
refer this item back to the City's
Negotiating Team,
2, Memorandum from City Clerk regarding
0 /C- Health
City Assembly Representative and
Ping Cncl
Alternate to the ORANGE COUNTY HEALTH
(54)
PLANNING COUNCIL, was presented.
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Volume 38 - Page 228
Motion
All Ayes
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July 9, 1984
x I I I I Motion was made to appoint Robert
Broaddus as the City's Assembly
Representative; and Lois Zimmerman as
Alternate.
K. ADDITIONAL BUSINESS:
None.
Meeting adjourned at 9:45 p.m.
ATTEST:
l�
D �
CITY CLERK
Volume 38 - Page 229
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