HomeMy WebLinkAbout09/24/1984 - Regular MeetingCOUNCIL MEMBERS
REGULAR COUNCIL MEETING
�� PLACE: Council Chambers
�� TIME: 7 :30 P.M.
eP DATE: September 24, 1984
MOLL C-AL
MINUTES
TF&T:1
Plaque was presented by Bud Schroeder of the
American Automobile Association to City of
Newport Beach for 1°Outstanding Pedestrian
Program Activities11 for cities between 50,000
and 100,000 population.
Permaplaqued Certificate of Appreciation was
presented to former member of Civil Service
Board, Robert Bonner,
Present
x
x
x
x
x
x
x
A. ROLL CALL.
Motion
x
B. The reading of the Minutes of the
All Ayes
Meeting of September 10, 1984, was
waived, approved as written, and ordered
filed.
Motion
x
C. The reading in full of all ordinances
All Ayes
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
Undergrnd
regarding PROPOSED ASSESSMENT DISTRICT
Utilities/
NO. 56 (UNDERGROUNDING UTILITIES IN
China Cove
CHINA COVE),
1156
(89)
Report from Public Works Department, was
presented:
Letters in favor of the project from
Richard Lewis, and D. I. Anderson; and
letters protesting the project from
Gerald Thompson, Katherine L. Norton,
MayBelle Sauter Cox, Patricia V. Thomas,
Jack N. Hall, Sadie C. Jones, and Warren
H. James, were presented.
The City Clerk reported, that after the
agenda was printed, 13 additional
letters had been received; 6 of which
were in support of the project; 6 in
opposition; and one letter regarding the
Engineer's Report for the Assessment
District.
The Public Works Director gave a staff
presentation outlining the purpose,
scope and order of procedure for this
hearing, including a discussion relative
to the general nature, location and
extent of the proposed works of
improvement and boundaries of the
Assessment District. He also explained
the method and formula of assessment
spread, reviewed the construction
procedure, and the recommendation as to
.
the sale of bonds.
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Walter Hamilton, Assessment Engineer,
Undergrnd
reported that protests received to date
Utilities/
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represented 27.5% of the land area;
China Cove
further that these protests represented
#56
30.6% of the property ownership.
In response to Council inquiry, the
Public Works Director stated that, if
the City beach parcels were to have a
portion of the costs spread to them on
the basis of aesthetic enhancement, the
estimated cost of that obligation would
be approximately $13,000 to $14,000
additional dollars over and above the
$11,000± City contribution already
proposed. This would equate to about
6 -7% of the total assessment.
Mayor Hart requested that those who had
filed written protests against the
proceedings address the City Council at
this time.
Warren James, 2627 Cove Street, objected
to method of allocation, and suggested
criteria for visual benefit, which he
submitted to the City Council
Gerald Thompson, 2701 Shell Street,
requested his property be removed from
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the proposed project, as underground
utilities were installed when his home
was constructed.
Jack Hall, 2619 Cove Street, objected to
the method of calculating the
assessments.
Jack Chaffin, 2619 Way Lane, stated that
his property was converted to
underground utilities in 1979, and that
his view is not obstructed by power
lines, or power poles.
Dee Dee Masters, Corona del Mar Realty
Co., discussed the Engineer's Report for
the Assessment District indicating that,
in her opinion, allocations were not
equitable.
At this time, Mayor Hart asked to hear
from anyone who wished to speak against
the improvement, of which there were
none.
Mayor Hart suggested that those in favor
of the proposed Assessment District
address the Council at this time.
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MINUTES
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Evelyn Frost, 2704 Cove Street, stated
Undergrnd
that the majority of the property owners
Utilities/
in China Cove are in favor of the
China Cove
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proposed projects, and that it would
1156
definitely enhance and upgrade the area.
Gary Hall, 2727 Ocean Boulevard, stated
it was difficult to distribute the
assessment costs and make everyone
happy. He felt the assessments were as
equitable as possible, and that the
financial terms were attractive..
Jack Caldwell, 2711 Ocean Boulevard,
stated he concurred in the remarks of
Evelyn Frost.
Craig Clark, 2615 Way Lane, stated that
all residents would benefit, and that he
was in support of the project.
Rod Emery, 2616 Cove Street, stated that
the improvement would give a substantial
visual enhancement for the area.
Doris E. Russell, 2741 Ocean Boulevard,
(addressing the Council out of order in
opposition) stated that there were no
poles or overhead wires to obstruct her
view, and that she would not benefit
from this project. She also was not in
favor of financially supporting other
•
residents in this regard.
Walter Hamilton, Assessment Engineer,
reported on the final percentage of
protests received, advising that 28.4%
represented land area; and 32.7%
represented property ownership.
The Public Works Director summarized for
the City Council the four alternatives
available as follows:
1) Approve the Assessment
District as submitted; or
2) Approve an additional City
contribution of approximately
$13,000 as shown on the blue
sheets distributed to the City
Council prior to the meeting;
or
- 3) Abandon the proceedings; or
4) Continue the public hearing to
a time and place certain for
additional staff work, etc.
.
At this time, the following two persons
addressed the Council:
Volume 38 - Page 295
COUNCIL MEMBERS
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September 24, 1984 .
ROLL CAL
MINUTES
John Gray, 2701 Ocean Boulevard,
Undergrnd,
stated that he had one of the lower.
Utilities/
assessments in the district, and
China Cove
•
suggested the total assessment be
1156
divided among the 49 lots in the
project.
Maybelle Cox, 2708 Shell Street,
stated that she lives on the water
and does not want to be a part of
the district, and was very much
opposed to the project.
In response to Council inquiry regarding
demonstrated hardship cases, the Public
Works Director advised that the City
could pay the assessment and be
reimbursed at a later date under a .
separate contract agreement.
Motion
x
Hearing no others wishing to address the
All Ayes
Council, motion was made to close the
public hearing.
Motion
x
Motion was made to approve the Negative
All Ayes
Declaration, which declares that the
proposed improvement will not have a
significant effect on the environment;
and adopt Resolution No. 84 -107 ordering
Res 84 -107
changes and modifications, amended to
include a provision for hardship cases,
as outlined in the foregoing.
*on
x
Motion was made to adopt Resolution No.
Res 84 -108
All Ayes
84 -108 overruling and denying protests.
Motion
x
Motion was made to adopt Resolution No.
Res 84 -109
Ayes
x
x
x
x
x
84 -109, as amended, approving
Noes
x
x
contributions by the City, with the
revised figure of $24,647,92, as shown
on the blue sheet.
Motion
x
Motion was made to adopt Resolution No.
Res 84 -110
All Ayes
84 -110 confirming assessments.
Motion
x
Motion was made to adopt Resolution No.
Res 84 -111
All Ayes
84 -111 authorizing issuance of bonds;
Motion
x
Motion was made to adopt Resolution No.
Res 84 -112
All Ayes
84 -112 authorizing the Mayor and the
City Clerk to execute Agreements with
the regulated public utility companies.
Motion
x
Motion was made to adopt Resolution.No.
Res 84 -113
All Ayes
84 -113 accepting a proposal for the sale
of bonds.
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Volume 38 - Page 296
i ��' �9 �� � ape '0.5" £ � �: °a`" , ` Zi ✓ 7
COUNCIL MEMBERS
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ROLL ��L ��59 ��G�� September 24, 1984
MINUTES
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The Public Works Director stated that
construction of the project will
commence in March or April of next year,
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and take approximately four months to
complete.
2. Mayor Hart opened the public hearing
GPA 84 -1
regarding GENERAL PLAN AMENDMENT NO.
(45)
84 -1, a request initiated by the City of
Newport Beach to amend the LAND USE,
RESIDENTIAL GROWTH, RECREATION AND OPEN
SPACE, AND CIRCULATION ELEMENTS of the
Newport Beach General Plan in order to
establish Residential, Commercial and
Open Space land use designations for the
IRVINE DOWNCOAST not previously
designated for any special uses by the
Newport Beach General Plan.
Report from the Planning Department, was
presented.
Hearing no one wishing to address the
Council, the public hearing was closed.
.Motion
x
Motion was made to adopt Resolution No.
Res 84 -114
84 -114, approving the project as
recommended by the Planning Commission.
Council Member Strauss expressed his
reasons for not supporting the motion,
indicating he was not opposed to the
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Sphere of Influence coming within the
City of Newport Beach, but he could not
support the proposal on the basis as
presented.
Ayes
x
x
x
x
x
x
The motion was voted on and carried.
Noes
x
3. Mayor Hart opened the public Hearing
PD /Towing
regarding consideration of CERTIFICATES
(70)
OF PUBLIC CONVENIENCE AND NECESSITY FOR:
Aaron's Towing
328 N. Newport Boulevard,
Suite 365
Newport Beach
WLP Towing
957 W. 17th Street
Costa Mesa
AND
Doug's Towing
2211 Avalon
Costa Mesa
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Volume 38 - Page 297
COUNCIL MEMBERS
\CAL ®��a G�
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MINUTES
ff 77; M
Report from Executive Assistant, was
presented.
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Hearing no one wishing to address the
Council, the public hearing was closed.
Rotion
x
Motion was made to approve Certificates
All Ayes
of Public Convenience and Necessity for
Aaron's Towing, WLP Towing, and Doug's
Towing as recommended in the staff
report, with the provision that the
applicants not tow for impound purposes.
E. PUBLIC COMMENTS:
1. Bunny Crossen, Newport Beach City Arts
11Salute to
Commissioner, addressed the Council and
Arts"
presented a poster to the Mayor in
recognition of the "Salute to the Arts10
to be held October 4 and 5, 1984, at
Newport Center.
F. CONSENT CALENDAR:
Motion
x
The following actions were taken as indicated
All Ayes
except for those items removed:
1. ORDINANCES FOR INTRODUCTION:
None.
2. RESOLUTIONS FOR ADOPTION:
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(a) Resolution No. 84 -115 designating
City CnCl/
Okazaki, Japan as a Sister City of
Sister City
the City of Newport Beach.
Res 84 -115
(33)
(b) Removed from the Consent Calendar.
(c) Resolution adopting rules and
regulations promulgated by the
Chief of Police regarding
newsracks pulled from the agenda by
the City Attorney.
(d) Resolution No. 84 -117 amending
Trfc /Stop
Resolution No. 6844 requiring
Sign
vehicles to stop on Marcus Avenue
Marcus /40th
at each entrance to 40th Street.
Res 84 -117
(Report from Traffic Engineer)
(85)
(e) Resolution No. 84 -118 requiring
Trfc /Stop
vehicles to stop on Marcus Avenue
Sign
at each entrance to 39th Street.
Marcus /39th
(See report w /Agenda Item F -20))
Res 84 -118
(85)
(f) Resolution No. 84 -119 establishing
Prkg Rstrcti
a two -hour limit for parking on the
Riverside
northwest side of Riverside Avenue
Res 84 -119
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between the hours of 8:00 a.m. and
6 :00 p.m. (Report from Traffic
(63)
Affairs Committee)
Volume 38 - Page 298
MINUTES
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3. CONTRACTS /AGREEMENTS:
(a) Award contract for Building/
Janitorial
•
Janitorial Maintenance Service for
Sery /City
City Hall Complex to Reliable
Hall
Maintenance Co. (Report from
C -2466
General Services Department)
(38)
(b) Award Contract No. 2452 to Nobest,
Misc Alley
Inc., of Westminster, for
Impvms
$69,175.09 for Miscellaneous Alley
C -2452
Improvements; and authorize the
(38)
Mayor and City Clerk to execute the
contract. (Report from Public
Works)
(c) Award Contract No. 2448 to Del Val,
Bayfrnt
Inc., of Ft. Worth, Texas for
Blkhd Sealg
$27,060 for Bayfront Bulkhead
& Sdwlk
Sealing, Sidewalk and Pavement
C -2448
Grouting; and authorize the Mayor
(38)
and City Clerk to execute said
contract. (Report from Public
Works)
(d) Award Contract No. 2422, Alternate
Balboa Ycht
A, to Merco Construction
Basin Mrna
Engineering of Camarillo for
C -2422
$2,968,863.55; and authorize the
(38)
Mayor and City Clerk to execute
said contract for Balboa Yacht
Basin Marina. (Report from Public
•
Works)
(e) Authorize the Mayor and City Clerk
Upr Npt Bay
to execute Agreements with the
Sdmt Cntrl
State Department of Fish and Game
Unt II
to provide $85,000 State funds for
C -2202
preliminary Engineering and
(38)
Environmental Documentation for
Unit II Upper Newport Bay Sediment
Control and Restoration Project.
(Report.from Public Works)
4. COMMUNICATIONS - For referral as
indicated: -
(a) To Planning Department for
Annexation/
inclusion in the records, letter
SA Hgts
from Woodrow Lewis, opposing
(21)
proposed Santa Ana Heights
Annexation.
(b) To Police Department for inclusion
PD
in the records, letter from Mr. &
(70)
Mrs. Warren Lindsay, expressing
appreciation for helicopter patrol
on Peninsula.
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Volume 38 - Page 299
MEMBERS
September 24, 1984
MINUTES
(c) To Fire Department for inclusion in
Fire Dpt
the records, letter from Donald E.
(41)
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Burns, commending Fire Department
and Paramedics for their fast and
efficient work in emergency
situation.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Copy of letter from E.P. Benson to
Orange County Board of Supervisors
regarding recent John Wayne Airport
Master Plan Report.
(b) Orange County Local Agency
Formation Commission, notice of
public hearing on Wednesday,
October 3, 1984 at 2:00 p.m.
regarding determination of a Sphere
of Influence of the Municipal Water
District of Orange County.
(c) Removed from the Consent Calendar.
(d) Reply to application before the
Federal Communications Commission
of Group W Cable, Inc.
(File #CSR- 2693).
(e) Southern California Gas Company
Application #84 -09 -022 before the
•
California Public Utilities
Commission.
6. CLAIMS FOR DAMAGES - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Joan Jeter for reimbursement/
Jeter
property damage alleging City had
not replaced broken sprinkler heads
at 1940 Teresita Lane, which
resulted in water loss and increase
in her water bill.
(b) Lesley Anne Mitchell for personal
Mitchell
injuries sustained as a result of
being rearended by City truck on
June 27, 1984.
(c) James Moeckel for property damage
Moeckel
when claimant's scooter involved in
collision with another vehicle,
alleging no stop signs or other
traffic control devices at
intersection of Balboa Blvd. at
29th Street on August 5, 1984,
rendering said intersection to be
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dangerous.
Volume 38 - Page 300
MINUTES
n
(d) Sharon Mitchell, Executrix for
Mitchell/
Leroy Herman Peterson, deceased,
Peterson
for wrongful death on June 11, 1984
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at Balboa Pier.
(e) Leon C. Paulos for property damage
Paulos
to his vehicle, allegedly sustained
by City Police vehicle on August
29, 1984 at 24th Street, Balboa
Peninsula.
(f) Peri Lea Popke for property damage
Popke
to claimant's parked vehicle on
September 6, 1984, at 870 Santa
Barbara Drive (Police Dept. parking
lot).
(g) Scott Swanson for personal injuries
Swanson
as a result of accident at Pacific
Coast Highway, 150 ft. west of W.
River Bridge, City of Huntington
Beach, on May 28, 1984.
(h) Western Amusement Company, dba Port
Western
Theatre, for Indemnity, Comparative
Amusmt /Port
Indemnity and Contribution,
Theatre/
resulting from claim filed by
Dugast
Odette Dugast, dated February 20,
1984, which took place at
Heliotrope Street, near Pacific
Coast Highway.
.
(i) Barbara Lee.Zinzer for personal
Zinzer
injuries sustained on September 5,
1984, at Seaview between Larkspur
and Marigold, alleging uneven
sidewalk resulted in her fall, while
jogging.
7. SUMMONS AND COMPLAINTS - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Rim N. Boone for Assault and
Boone
Battery, Negligence, Orange County
Superior Court, Case No. 434057.
Claim was denied by City Council on
April 23, 1984.
8. REQUEST TO FILL PERSONNEL VACANCIES:
(66)'
(Report from the City Manager)
(a) Approve one Police Clerk I, Police
Department.
(b) Approve one Parking Control'
Officer, Police Department.
(c) Approve one Animal Control Officer,
Police Department.
Volume 38 - Page 301
COUNCIL MEMBERS
CAL
ROLL
�F1P 10a; �0 September 24, 1984
MINUTES
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(d) Approve two Building Inspector I's,
Building Department.
(e) Approve one Maintenance Man I -
Asphalt, Field Operations Division.
(f) Approve one Refuse Crewman, Refuse
Division.
(g) Approve one Dispatcher Clerk,
Marine Department.
9. STAFF AND COMMISSION REPORTS - For
Council information and approval:
(a) Report from City Attorney regarding
O'Donnell &
ESTIMATE FOR LEGAL SERVICES FROM
Gordon
O'DONNELL & GORDON (C -2331) FOR
C -2331
PERIOD COMMENCING SEPTEMBER 1
(38)
THROUGH OCTOBER 31, 1984.
(b) Report from Parks, Beaches and
PB &R
Recreation Director recommending
(62)
WAIVER OF FEES FOR USE OF RIVERSIDE
DRIVE SCOUT HOUSE; REQUEST OF
NEWPORT HEIGHTS HOMEOWNERS
ASSOCIATION.
(c) Report from the Planning Department
Use Permit
regarding City Council review of
No. 1924(A)
USE PERMIT NO. 1924 (AMENDED)'-
(88)
Recommendation from staff for an
•
additional one -year extension, or
until the Pacific Coast Highway
Improvements proceed, whichever
occurs sooner.
10. PUBLIC HEARING SCHEDULING - October 9,
1984:
(a) Adoption of the Final Draft, Orange
O/C Solid
County Solid Waste Management Plan,
Waste MRm
dated June, 1984. .(Memorandum from
(54)
General Services Department)
11. WATER MAIN REPLACEMENT PROGRAM, 1983 -84
Wtr Mn Rplcm
(C -2401) - Accept the work; and
'83 -84
authorize the City Clerk to file a
C -2401
Notice of Completion and release the
(38)
bonds 35 days after recordation,
provided no claims have been filed.
(Report from Public Works)
12. RESUBDIVISION 776 (LOCATED AT 1601
Resub 776
AVOCADO AVENUE) - Approve a Subdivision
(84)
Agreement guaranteeing completion of the
public improvements required with
Resubdivision No. 776; and authorize the
Mayor and the City Clerk to execute said
agreement. (Report from Public Works)
•
13. Removed from the Consent Calendar.
Volume 38 - Page 302
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COUNCIL MEMBERS
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X811 W � September 24, 1984
{MINUTES
N-DWi
14. STREET, ALLEY AND BIKE TRAIL RESURFACING
St /Alley/
AND RECONSTRUCTION PROGRAM (C -2415) -
Bike Trl
Accept the work; and authorize the City
RsrfcR
•
Clerk to file a Notice of Completion and
C -2415
release the bonds 35 days after
(38)
recordation, provided no claims have
been filed. (Report from Public Works)
15. Removed from the Consent Calendar.
16. CORONA DEL MAR ELEMENTARY SCHOOL SITE
CdM El /Schl
AMENDMENT NO. 599 - Approve an amendment
Site Amnd
agreement guaranteeing completion of the
11599
public improvements required with '
Zoning (94)
Amendment No. 599; and authorize the
Mayor and City Clerk to execute said
agreement. (Report from Public Works)
17. BUDGET AMENDMENTS - For approval:
(25)
BA -034, $2,500 - Increase in Budget
Appropriations to cover Recreation and
Open Space Element Study; General Fund.
BA -035, $200,000 - Increase in Budget
Appropriations and Revenue Estimates for
construction of boat yard improvements
in conjunction with Balboa Yacht Basin
Marina Project (C- 2422); funds to be
provided by owner of boat yard, Mr.
Davis New, per terms of lease agreement
•
with the City; Contributions Fund.
BA -036, $12,000 - Increase in Budget
Appropriations for construction of
blockwall in conjunction with Superior
Avenue Improvements; Contributions Fund.
(Report from Public Works)
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Proposed Resolution No. 84 -116 creating
Cncl Ad Hoc
the City Council Ad Hoc Balboa Peninsula
Balboa Pnsl4
Zoning Committee, was presented for
Zna Cmte
adoption.
Res 84 -116
(24)
Motion
x
Motion was made to change the sunset
All Ayes
date from November 26, 1984 to December
31, 1984, and Resolution No. 84 -116 was
adopted.
2. Report from Public Works regarding
SJoaquin
SAN JOAQUIN HILLS TRANSPORTATION
Hills Trnsp
CORRIDOR (PROPOSED DEVELOPER FEE
Crdr
PROGRAM), was presented containing the
(74)
following recommendations:
(a) Concur in the following basic
policy statements regarding
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the San Joaquin Hills
Transportation Corridor:
Volume 38 - Page 303
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALR ®LL 9�9 A g9G�s September 24, 1984
MINUTES
I I'M Al37
1) The City supports the
SJoaquin
concept and acknowledges
Hills /TCrdr
the need for the San
Joaquin Hills
Transportation Corridor;
2) The City recognizes that
development fees are a
necessary and appropriate
part of a financing mix
for construction of the
San Joaquin Hills
Transportation Corridor;
3) The San Joaquin Hills
Transportation Corridor
is regional in nature and
must be planned,
financed, and constructed
as a cooperative effort
by cities, the County of
Orange, and Orange County
Transportation Commission
(OCTC), state and federal
governments, landowners,
developers, and other
responsible
representatives of the
private sector.
(b) Authorize the staff to work
with Orange County and OCTC
.
staff and with other cities
within the proposed area of
benefit to resolve
implementation issues.
Mayor Hart submitted a letter for the
record from the Spyglass Hill Community
Association, stating that they were
against the funding and construction of
the San Joaquin Hills Transportation
Corridor, particularly as it pertains to
the Ford Road Interchange and San
Joaquin Hills Road extension because it
will have a tremendous negative impact
on the total environment of their area,
i.e., dirt, smog and traffic.
Council Member Strauss referred to
recent City input regarding the
Corridor, and indicated his concern that
the language used does not fully convey
the conditions of approval attached to
City support for the Corridor as
expressed in 1979 in Resolution No.
9627.
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Volume 38 - Page 304
COUNCIL. MEMBERS
CAL
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MINUTES
r
The Public Works Director stated that
SJoaquin
the City has continued to reiterate its
Hills T /Cdr
concern with the Ford Road interchange,
.
and the matter was last before the City
Council on July 24, 1984, at which time
the Council approved a letter to the
County regarding the preparation of an
environmental impact report. Item No. 4
of said letter read as follows:
11The City has been particularly
concerned with potential impacts of
the proposed Ford Road Interchange.
It is requested that these
potential impacts be thoroughly
analyzed; and that alternatives to
the interchange be analyzed in
accordance with previous City
requests."
It was pointed out by the Public Works
Director that the proposed action for
this particular agenda item is on a
different aspect of the Corridor. It
pertains to the funding program, and the
issues regarding the Ford Road
Interchange will be addressed by means
of the environmental process.
John Kubas, Manager, Village Way
Management, Co., addressed the City
Council and cited the various homeowner
•
associations he represented. He, in
essence, stated that they were opposed
to the San Joaquin Hills Corridor, as it
relates to the interchange of Ford Road
and the extension of San Joaquin Hills
Road to Pelican Hills Road, and the
impact on the residents in the
surrounding communities. He stated that
they are going to fight the corridor in
every way they can.
Following discussion, it was indicated
that possibly this item should be placed
on a future study session agenda to
bring the Council up -to -date on its
status, the City's position, etc.
Motion
x
Following further consideration, motion
All Ayes
was made to approve the recommended
action, as set forth in the staff
report, and that a letter be forwarded
to the County, with a copy of Resolution
No. 9627, reiterating the City's
position on the San Joaquin Hills
Corridor.
Volume 38 - Page 305
COUNCIL MEMBERS
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®�� ��� September 24, 1984
MINUTES
mr
3. A letter from the Orange County Division
0/C Div
League of California Cities /Public
League
Education Task Force regarding
Cities
•
Proposition 36, was presented.
(61)
Motion
x
Motion was made to appoint Council
All Ayes
Member Heather as the City's
Representative to the Task Force
Committee, and Mayor Pro Tem Maurer as
Alternate.
4. Report from Public Works recommending
Permit/
denial for private improvements in the
Enchrm
public right -of -way at 211 Cliff Drive,
(65)
APPLICATION OF RUSH N. HILL, II, AND
LINDA HILL, was presented.
Motion
x
Mayor Hart advised that the Cliff Haven
Community Association had contacted her
to report that they had no objections to
the subject application and were in
support of the proposed improvements.
Therefore, motion was made to overrule
the staff's decision and grant the
application for 211 Cliff Drive.
Larry A. Frapwell, Architect for the
project, addressed the Council in
support of the request for the
construction of a fence not to exceed 36
inches in height, 3 feet in from the
rear of the existing curb, but within
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the public right -of -way. He stated that
the owner is in the process of improving
the property through redesign and
relandscaping of the front and rear
yards. The owner has three preschool
children, and wishes to create an
enclosed (fenced) area for the children
to play.
The Public Works Director stated that
the staff's recommendation for denial
was based on the belief that this
application would represent a conversion
of a fairly substantial area of the
public right -of -way to an essentially
private use, which is contrary to City
Council policy, and would set a
precedent.
Ayes
x
x
x
x
The motion was voted on and carried.
Noes
x
x
Abstain
x
Volume 38 - Page 306
MINUTES
MOWC
H. ORDINANCES FOR ADOPTION:
•
None.
I. CONTINUED BUSINESS:
1. APPOINTMENT TO BICYCLE TRAILS CITIZENS
BT /CAC
ADVISORY COMMITTEE:
(24)
Motion
x
Motion was made to confirm (District 7)
All Ayes
Council Member Cox °s appointment of
Robert C. Edmunds for term ending
December 31, 1984, to fill the unexpired
term of Ray Brandt.
2. APPOINTMENT TO NEWPORT BEAUTIFICATION
NB /CAC
CITIZENS ADVISORY COMMITTEE:
(24)
Motion
x
Motion was made to defer to January,
All Ayes
1985 (District 4) Council Member
Heather's appointment for term ending
December 31, 1984, to fill the unexpired
term of Pat Eichenhofer.
3. Report from Traffic Engineering
Back Bay
regarding TRAFFIC CONTROL ON BACK BAY
Trfc Cntrl
DRIVE, was presented.
(74)
Letter from Kinetron Company regarding
Back Bay Drive, was presented.
•
Don Deputy, resident of Newport Beach,
addressed the Council and stated that he
rides his bicycle for two to five hours
daily on Back Bay Drive, and suggested
cautionary signs be placed at certain
dangerous and problem areas.
In response to Council inquiry, Police
Chief Charles Gross stated that
cautionary signs would be appropriate,
but would not provide a basis for
enforcement unless there was sufficient
danger involved there for wreckless
driving.
Motion
x
Motion was made to sustain
All Ayes
recommendation contained in staff
report, and adopt Resolution No. 84 -120
Res 84 -120
establishing a one -way bicycle trail in
a southerly direction on the west side
of Back Bay Drive between San Joaquin
Hills Road and Eastbluff Drive; and that
the staff be directed to install
cautionary signs where deemed
appropriate.
Volume 38 - Page 307
COUNCIL MEMBERS
c9 �c+
N ���°� September 24, 1984
RnL L \CAL
3MTiT
4. Proposed Resolution regarding provision
Personnel
for separation pay upon termination of
(66)
•
City Manager, City Attorney and City
Clerk, was presented with report from
City Manager.
Motion
x
Motion was made to refer the subject
All Ayes
resolution to the Mayor for consultation
with outside legal counsel.
5. Report from Council Member Heather of
JEastbluff
September.10, 1984, regarding EASTBLUFF
Schl Lease
SCHOOL LEASE, was presented with an
(78)
updated report from Council Member
Heather.
Motion
x
Motion was made to continue this item
All Ayes
and report back at the October 9, 1984
study session.
J. CURRENT BUSINESS:
1. PLANNING COMMISSION VACANCY:
Planning
Commission
Motion
x
Motion was made to accept the
(24)
All Ayes
recommendations of the City Council
Appointments Committee and nominate the
following to fill the unexpired term of
Jerry King, ending June 30, 1985:
Harry Merrill
•
AND
Rena Koppelman
2. Proposed resolution establishing a
Citizens
Citizens Ad Hoc Cannery Village /McFadden
Ad Hoc
Square Specific Area Plan Committee, was
Cannry Vlg/
presented.
McFdn Sq AP
(24)
Motion
x
Motion was made to adopt Resolution No.
All Ayes
84 -121 establishing a Citizens Ad Hoc
Res 84 -121
Cannery Village/ McFadden Square
Specific Area Plan Committee, and
appoint the following:
1. Scott Shock
2. Bob Rubin
3. Russ Fluter
4. Tim Pendell
5. Sterling Wolfe
6. John Shea
7. Betsy Doughtery
8. J. Michael Singer
9. Richard Connella
10. Rick Lawrence
11. Hank Swenerton
•
12..Lee Mallory
Volume 38 - Page 308
on
Ayes
•
0
l'
.�� T:' 0
MINUTES
September 24, 1984
K. ADDITIONAL BUSINESS:
x 1. Notion was made to approve Special Event
Permit for SPON (Stop Polluting Our
Newport Beach) for rally /party on
October 7, 1984, at Mariners Park.
Meeting adjourned at 10:25 p.m.
ATTES
City Clerk
Volume 38 - Page 309
Permit/
Special
(65)