HomeMy WebLinkAbout11/13/1984 - Regular MeetingCOUNCIL MEMBERS
Present x x
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Motion
Ayes x x
Abstain
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All Ayes
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CITY OF NEWPORT BEACH
I`] 10l1111 9
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: November 13, 1984
Mayor Hart presented permaplaqued
Certificate of Appreciation to Jerry King,
former Planning Commissioner.
x x A. ROLL CALL.
B. Minutes of the Meeting of October 9 were
x approved as amended (page 317
x regarding appointments to Citizens Ad
Hoc Advisory Committee to Tidelands
Affairs Committee), in accordance with
memorandum from Mayor Hart; and the
reading of the Minutes of October 22,
1984, was waived and 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 and
City Council review of an APPEAL BY
STEPHEN AND LYNN G. CURTIS, Balboa
Island, from the denial by the Planning
Commission on August 9, 1984, of USE
PERMIT NO. 2099(AMENDED), a request to
amend a previously- approved use permit
which allowed the establishment of a
take -out ice cream shop (HAAGEN DAZS) on
property located at 332 -A Marine Avenue,
between Balboa Avenue and the Balboa
Island Bridge; zoned C -1. The proposed
amendment was to change the hours of
operation from 10:00 a.m. to 10:00 p.m.
daily to the following hours: 11:00
a.m. to 11:00 p.m. Sunday through
Thursday during the summer; 11:00 a.m.
to 10:00 p.m. Sunday through Thursday
during the remainder of the year; and
11:00 a.m. to 11:30 p.m. Friday and
Saturday, all year.
Report from the Planning Department, was
presented.
The City Clerk reported that two letters
had been received after the agenda was
printed, regarding the subject appeal
from I. R. Caraco, 333 Grand Canal, who
is opposed to approval of any hour
beyond 11:00 p.m.; and Balboa Island
Improvement Association, who voted for
nonapproval of the request.
Volume 38 - Page 334
U/P 2099(A)
(88)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\rAlpWi199 1 November 13, 1984
MINUTES
ifri.TT£W
Mayor Pro Tem Maurer advised that,
inasmuch as this item had been denied by
the Planning Commission, and now with
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the nonapproval by the Balboa Island
Improvement Association, the applicants
have chosen to withdraw their request.
At the request of Mayor Pro Tem. Maurer,
a. show of hands was given by those
people in attendance, who were also
opposed to the change in hours. .
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to sustain the decision
All Ayes
of the Planning Commission.
2. Mayor Hart opened the public hearing Ord 84 -24
regarding ORDINANCE NO. 84 -24, being, oFord/
oll Ctr P -C
AN ORDINANCE OF THE CITY OF NEWPORT (68)
BEACH ADOPTING DEVELOPMENT
AGREEMENT NO. 2, TO ALLOW THE
CONSTRUCTION OF 888 RESIDENTIAL
DWELLING UNITS AND 50.000 SQUARE
FEET OF COMMERCIAL SPACE IN THE
NORTH FORD PLANNED COMMUNITY AND
295,000 SQUARE FEET OF OFFICE SPACE
IN KOLL CENTER NEWPORT,
was presented for second reading and
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adoption with report from City Attorney.
The City Clerk advised that, after the
agenda was printed, a letter was
received from the Legal Aid Society of
Orange County in opposition to the
adoption of the subject ordinance.
Discussion ensued, wherein the City
Attorney answered numerous questions
raised by various Council Members
relative to the Development Agreement.
In response to the letter received from
the Legal Aid Society, the City Attorney
reported that the City does have a
fully -valid Housing Element, which does
comply with State Law, contrary to the
statements in the subject letter.
Brad Olsen, representing The Irvine
Company, addressed the Council and
stated that they feel the Development
Agreement is workable and fair,, and that
they are anxious to get the project
underway.
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Volume 38 - Page 335
MEMBERS
CITY OF NEWPORT BEACH
November 13, 1984
MINUTES
In response to Council inquiry, Mr. oFord/1
Olsen stated that of the 888 dwelling Ctr P -C
• units to be constructed, 580 will be
apartment units and the remaining will
be "for sale."
'Ken Placet, (no address given) addressed
the.Council regarding the height limit
on residential units in the North Ford
area, and the purpose and need of a
Development Agreement for this project.
He also expressed his objections to the
number of affordable units proposed for
the development.
In response to the above 'comments
regarding residential height limit, the
Planning Director stated that at the
time the General Plan Amendment for this
particular development was approved,
there was also a "skeletal" planned
community text approved, which outlined
the perimeters as to location, number of
dwelling units, height limits, etc.
There will be a planned community
development plan for this particular
Development Agreement, utilizing those
items approved in the planned community
text; and the residential height limit
proposed for this particular Development
Agreement will be the typical height
• limit for residential units used
throughout the City.
As to the number of affordable units at
the subject location, the Planning
Director cited other areas where The
Irvine Company, and other development
companies have built, or are now
building similar projects which include
affordable dwelling units.
In response to the question raised by
Mr. Placet :regarding the purpose and
need for a Development Agreement, the
City Attorney stated that a development
agreement is a form of a zoning
ordinance, and is adopted by Ordinance
of the City Council. The development
agreement.process is used when there is
a complex project involving a number of
different components, and when there is
a substantial amount of money involved.
It is also used when there is a
continuing obligation on the part of the
property owner.
Volume 38 - Page 336
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Motion
Ayes
Noes
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CITY OF NEWPORT BEACH
MEMBERS
xI,IxIxI IxIx
MINUTES
November 13, 1984
Mr. Placet. addressed the Council again NoFord /Koll
and reiterated that he would like to see Ctr P -C
the Development Agreement amended to
include a specific height limit for the
residential dwelling units before
development can occur.
Mr. Olsen of The Irvine Company
addressed the.Council again, and stated
that they believe the height limit will
be 32'.£or the residential units;
however, this is an issue which will be
addressed in the planned community text
before development can occur.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion was made to approve Ordinance No.
84 -24, adopting Development Agreement
No. 2 between the City of Newport Beach
and The Irvine Company.
Council Member Strauss stated, for the
record, that he voted against Ordinance
No. 84 -24 adopting Development Agreement
No. 2, for the following reasons:
"The agreement does not, in my
judgment, adequately protect this
City's interests. There are
several shortcomings and serious
concerns. These are recorded on
the tape of these proceedings so I
will not repeat them in this
dissent.
"The only possible rationale for
approving a vast increase in
density and a major office complex
with the enormous increased traffic
these will bring, is to provide
some affordable housing. I believe
in affordable housing which should
increase the City's stock of rental
housing, and thereby accommodate
our older citizens, and new young
people and some people of modest
means, to be able to live here.
"But this agreement with its
approval of a huge office building,
or buildings, and its increased
density of houses several times
larger than the prior General Plan,
does not assure the City of
affordable housing, except for 10
years. Then it will be gone, and
10 years is a short time in the
life of a City.
Volume 38 - Page 337
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Motion
All Ayes
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MEMBERS
X
MINUTES
November 13, 1984
"We are are not really achieving
affordable housing on a lasting
basis. But, the vastly increased
housing density and huge
commercial office buildings, with
its accompanying traffic problems,
will be permanent."
E. PUBLIC COMMENTS:
1. Lee Mallory, 1960 Court Avenue,
President of the Central Newport Beach
Community Association, addressed the
.Council and expressed appreciation for
their adoption of Ordinance No. 84 -21,
providing for the use of parking meter
permits at meters on public streets in
zones designated by resolution. He
stated that, although meters are not the
specific answer for Court Avenue,, the
residents are generating new ideas, and
hopefully a program can be developed
which will be mutually acceptable to all
concerned.
F. CONSENT.CALENDAR:
The following actions were taken as
indicated, except for those items removed:
1. ORDINANCES FOR INTRODUCTION - Pass to
second reading and adoption on November
26, 1984:
(a) Proposed ORDINANCE NO. 84 -25,
being,
AN ORDINANCE OF THE CITY OF
NEWPORT BEACH AMENDING
SECTIONS 12.68.040 AND 060 OF,
THE NEWPORT BEACH MUNICIPAL
CODE REGARDING THE RESIDENTIAL
PARKING PERMIT PROGRAM FOR
NEWPORT ISLAND (Report dated
October 22, 1984 from Public
Works- Traffic Engineer)
(b) Removed from the Consent Calendar.
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 84 -125 relating to
the City of Newport Beach
California Floating /Fixed Rate
Health Facilities Revenue Bonds
(Hoag Memorial Hospital
Presbyterian Project), Series 1984
A through F. (Report from City
Attorney)
Volume 38 - Page 338
Npt
rd 84 -25
rkg Prmt/
pt Island
63)
Mem/
1 Prj
84 -125
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
MINUTES
November 13, 1984
3.
(b) Resolution No. 84 -126 amending
Resolution No. 84 -100 to add an
additional position of Parking
Meter Serviceman I. (Report from
Personnel)
(c) Resolution No. 84 -127 requiring
Traffic to stop on 15th Street at
Monrovia Avenue. (Report from
Traffic Affairs Committee)
(d) Resolution No. 84 -128 approving
First Amendment to Traffic Signal
Agreement between the City of
Newport Beach and the City of
Irvine (Contract No. 2078).
(Report from Traffic Affairs
Committee)
(e) Resolution No. 84 -129 summarily
vacating an unused 10- foot -wide
public utility easement on Vista
Cajon easterly of the Carlotta
Intersection (Tract 5480); and
directing the City Clerk to have
said resolution recorded by the
Orange County Recorder. (Report
from Public Works)
(f) Resolution No. 84 -130 approving the
Application for Roberti- Z'Berg
Urban Open Space and Recreation
Program Monies for Community Youth
Center Development Project.
(Report from Parks, Beaches and
Recreation)
(g) Resolution No. 84 -131 authorizing
the Mayor and City Clerk to execute
an Agreement for Grant Funds
between the City of Newport Beach
and the State of California Coastal
Conservancy in connection with the
Unit I Upper Newport Bay Sediment
Control and Restoration Project.
(Report from Public Works)
(h) Removed from the Consent Calendar.
CONTRACTS/AGREEMENTS:
(a) Removed from the Consent Calendar.
(b) Removed from the Consent Calendar.
Volume 38 - Page 339
84 -126
(66)
fk Stop/
th &
as 84 -127
85)
NB /Irvine
fk Sgnl Agm
es 84 -128
-2078 (38)
ty Esm
84 -129
ti -Z'
Urbn/
es 84 -130
62)
State
tl Cnsvncy
Unit I
r Npt Bay
s 84 -131
2441(D)
COUNCIL MEMBERS
CITY OF NEWPORT BEACH
November 13, 1984
MINUTES
(c) Authorize the Mayor and City Clerk Irvine /CNB
.to execute an Agreement to provide Unit I Upr
for the City of Irvine's portion of Npt Bay
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the Unit I Upper Newport Bay C- 2441(C)
Sediment Control and Restoration (38)
Project. (Report from Public
Works)
(d) Authorize the City Manager to enter O/C-John
into contracts for Graphic and Wayne Arprt
Media Support Services for amounts Graphic Sprt
in excess of $12,500, and within (54)
the limits of the Airport Growth
Control Fund. (Report from
Executive Assistant to the City
Manager)
(e) Authorize the Mayor and City Clerk Ofshr Oil
to execute Consulting Services rlg /Carter
Agreement with Richard Charter and C -2481
the Outer Continental Shelf Local (38)
Government Coordinating Program
regarding the City's participation
in Offshore Oil Drilling
Activities. (Report from the City
Attorney)
(f) Authorize the Mayor and City Clerk UndrgrUtlts
to execute Contract No. 2472, an i9 /Pacific
Agreement with Pacific Bell to Bell
underground telephone facilities in -2472
Superior Avenue adjacent to the (38)
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City's Corporation Yard, for the
lump sum price of $20,483
(Underground Utilities District No.
9, along Superior Avenue from 15th
Street to northerly City boundary).
(Report from Public Works)
4. COMMUNICATIONS - For referral as
indicated:
(a) To Marine Department for inclusion qarine Dpt
in the records, suggestions from (51)
John E. Jamison, and Anthony
Aebarosa regarding Newport Bay
pollution problems.
(b) To Parks, Beaches and Recreation PB&R
for inclusion in the records, (62)
letter. from Louise Greeley
commending the landscaping of,the
median on Newport Boulevard and
.
Superior.
(c) To Public Works for response, ahlia Av
letter from William S. Driver with Swr Rplcm
a. complaint regarding Dahlia Avenue -2431
Sewer Replacement (Contract No. (38) .
2431) project.
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Volume 38 - Page 340
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CITY OF NEWPORT BEACH
MEMBERS
�9y99 y�9�yA`GF 9GiQ� November 13, 1984
(d) To Traffic Engineer for response,
letter from John P. Robertson
regarding parking facilities,
burglary and bike trails adjacent
to Corona del Mar High School.
MINUTES
Traffic Dpt
(85)
(e) To Public Works for reply, letter SMiguel Prk
from Sidney Mendlovitz regarding C -2358
San Miguel Park (Contract No. 2358) (38)
project.
(f) To Aviation Committee for Avis
consideration, solicitation from Cmte
The Eastbluff Group (political (24)
consulting and advertising firm)
regarding their proposal to combat
future expansion of John Wayne
Airport.,
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Suggestion from Jean Morris
regarding increasing City revenue
income through use of lottery for
free utility /garbage collection
services.
(b) Orange County Local Agency
Formation Commission Preliminary
Agenda for November 7, and Minutes.
for October 3, 1984.
(c) Supplementary Affidavit from Hogan
& Hartson regarding Group W Cable,
Inc., No. CSR -2679.
(d) Petition for Special Relief
regarding Community Cablevision
Company Application before the
Federal Communications Commission.
(e) Notice of Second Amendment to
Pacific Bell's Application for
General Rate Increase 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) John L. Agosta for alleged false
arrest and personal injuries by
City police officer at Newport Pier
on July 17, 1984.
Volume 38 - Page 341
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL
November 13, 1984
ROLL
MINUTES
59T -E
(b) .David Beek alleging personal
Beek
injuries, property damage, police
brutality, false arrest, etc. at
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Anthony's Pier II Restaurant,
Bayside Drive, on September 29,
1984.
(c) Gary K. Cox and Janine McDonald for
Cox &
damages alleging arrest was made
McDonald
without probable cause by City
police officer for battery against
a police officer and disturbing the
peace on September 9, 1984.
(d) Norma de Rossett alleging personal
de Rossett
injuries as a result of slip and
fall over a puddle of water on
sidewalk at 250 Newport Center
Drive, on August 24, 1984.
(e) Chuck Giffen for property damage,
Giffen
alleging City vehicle damaged
claimant's right.front fender while
parked at City Hall parking lot on
October 18, 1984.
(f) Joel William Hamm for
Hamm
reimbursement, alleging his vehicle
was towed away by Police Department
in error at Washington & Bay
Streets on October 11, 1984.
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(g) William McAninch for David McAninch
McAninch
for personal injuries, alleging
Police pursuit created dangerous
condition, contributing to three
car collision, vicinity of
MacArthur Boulevard and San Joaquin
Road on August 3, 1984.
(h) William McAninch for Michael
McAninch
McAninch for personal injuries,
alleging Police pursuit created
dangerous condition, and
contributed to three car collision,
vicinity of MacArthur Boulevard and
San Joaquin Road on August 3, 1984.
(i) William McAninch for personal
McAninch
injuries, alleging Police pursuit
created dangerous condition, and
contributed to three car 'collision,
vicinity of MacArthur Boulevard and
San Joaquin Road on August 3, 1984.
(j) Susan McAninch for personal
McAninch
injuries, alleging Police pursuit
created dangerous condition, and
contributed to three car collision,
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vicinity of MacArthur Boulevard and
San Joaquin Road on August 3, 1984.
Volume 38 - Page 342
COUNCIL MEMBERS
CITY OF NEWPORT BEACH
November 13, 1984
MINUTES
Inc.
Co.
Kleins-
(k) Annette Mesa for damages, alleging
City negligent in posting proper
warning or traffic signs at
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Seashore and 39th Street on July
22, 1984.
(1) Carole S. Nelson for property
damage, alleging her headlight was
shattered by hard object which
became airborne from
grass /edge - trimmer being used by
City crew, at Jamboree Road on
October 2, 1984.
(m) Amy Michelle Roos alleging personal
injuries as a result of stepping
into fire pit barbeque ring and
Beverly ' burning right and left foot
at Corona del Mar State Beach on
July 16, 1984.
(n) Pacific Property Care,
Inc.,Cross- Complaint for.
declaratory relief and indemnity
against the City regarding suit of
Gordon Kilmer, Jr.,who was injured
while crossing over bike path on
Ford Street (Sea Island Drive /Ford
Street exit driveway of Sea Island)
by automobile on July 2, 1980.
(o) David R. Snider for property
damage, alleging his vehicle was
rearended by City vehicle at
Newport Boulevard and Hospital Road
on October 19, 1984.
(p) Southern California Gas Company for
property damage, alleging Water
Department hit '" gas service with
shovel while digging at 1408
Oceanfront on October 2, 1984.
(q) Walter B. von Kleinsmid for
reimbursement, alleging vehicle was
towed in error at 1418 Keel Drive
on September 27, 1984.
(r) Michael P. Waldron for property
damage, alleging his vehicle door
was hit by City Fire truck at Palm
Street, south of Edgewater on
September 29, 1984.
(s) Patrick L. Ward for damages,
alleging police brutality at Ocean
Front Boardwalk in front of the
Beach Ball Restaurant on July 21,
1984.
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Volume 38 - Page 343
Inc.
Co.
Kleins-
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
v n ti ti o d+
of G
Rn9 I CAI t�,9 p dd+ November'13, 1984
MINUTES
7. SUMMONS AND COMPLAINTS - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Paul Karl Bohn for personal
Bohn
injuries, Orange County Superior
Court Case No. 440436. Claim
denied by City Council on May 29,
1984.
(b) Catherine Ann Minkoff for damages,
Minkoff
false arrest, etc., Orange County
Superior Court, Case No. 434590..
Claim was denied by City Council on
January 23, 1984.
8. REQUEST.TO FILL PERSONNEL VACANCIES:
(66)
(Report from the City Manager)
(a) Approve one Police Sergeant, Police
Department.
(b) Approve one Purchasing Clerk I,
Finance Department.
(c) Approve one Utilities Construction
Specialist, Utilities Department.
(d) Approve one Utilities
Serviceworker, Utilities
Department.
9. STAFF AND COMMISSION REPORTS - For
Council information and approval:
(a) Report from Arts Commission
Arts Cmsn
Chairman regarding proclaiming the
(24)
NEWPORT CHAMBER ORCHESTRA as the
City's official orchestra.
(b) Report from the City Manager
Cncl Policy
regarding COUNCIL POLICY MANUAL
Review
REVISIONS.
(69)
(c) Report from Parks, Beaches &
Oasis Snr
Recreation Director regarding
Ctz Ctr/
donation of $2,500 LEGACY DONATION
PB &R
FOR OASIS SENIOR CITIZENS CENTER.
(62)
(d) Removed from the Consent Calendar.
(e) Removed from the Consent Calendar.
10. PUBLIC HEARING SCHEDULING - For November
26, 1984:
(a) TENTATIVE MAP OF TRACT NO. 11937 -
TMap It
A request of IRVINE PACIFIC, .
11937
Newport Beach, to reconsider an
approved Tentative Tract Map for
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the VILLA POINT APARTMENTS,
Volume 38 a Page 344
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
F qG
�p tn9 tn� dd! November 13, 1984
ROLL CAL
MINUTES
INDEX
relative to compliance of the
project with the Housing Element of
the General Plan as amended June
•
25, 1984. Property located at 1200
East Coast Highway, on the
northeasterly corner of Jamboree
Road and East Coast Highway, across
from Irvine Terrace; zoned P -C.
(Report from Planning Department)
(b) TENTATIVE MAP OF TRACT NO. 12105 -
TMap Tr
A request of THE IRVINE COMPANY,
12105
dba IRVINE PACIFIC, Newport Beach,
to reconsider an approved Tentative
Tract Map for the BIG CANYON VILLA
APARTMENTS relative to compliance
of the project with the Housing
Element of the General Plan as.
amended June 25, 1984. Property
located at the southwesterly corner
of MacArthur'Boulevard and Ford
Road in the Big Canyon Planned
Community. (Report from Planning
Department)
(c) CERTIFICATE OF CORRECTION FOR TRACT
Tr 11018
NO. 11018 - Request to reconsider
an approved Certificate of
Correction for a Final Tract Map
for the SUPERIOR AVENUE MEDICAL
OFFICE project relative to
compliance of the project with the
Housing Element of the General Plan
as amended June 25, 1984. Property
located at 1455 Superior Avenue;
zoned A -P (0.8). (Report from
Planning Department)
11. PROPOSED GENERAL PLAN AMENDMENT NO. 84 -2
GPA 84 -2
- Sustain the recommendation of the
Planning Commission and initiate General
Plan Amendment No. 84 -2; recommended for
initiation by the Planning Commission on
October 18, 1984, being a request from
the U.S. Postal Service for a post
office site on Camelback Avenue.
(Report from Planning Department)
12. RESUBDIVISION 612 - Approve the
Resub 612
.. "as- built" traffic signal plans
(84)
regarding traffic signal improvements
located at 800 Newport Center Drive, on
the westerly side Newport Center Drive,
northerly of Santa Barbara Drive in
Newport Center and accept the traffic
signal improvements constructed in
conjunction with Resubdivision No. 612;
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Volume 38 - Page 345
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CITY OF NEWPORT BEACH
MINUTES
November 13, 1984
and authorize the City Clerk to release
the Faithful Performance Surety in the
form of a.letter of credit and release
the Labor and Materials Surety in the
form of a letter of credit in six months
provided no claims have been filed.
(Report from Public Works)
13. RESUBDIVISION NO. 740 - Accept the
public improvements constructed in
conjunction with Resubdivision No. 740
located at 217 Fernleaf Avenue on the
southwesterly corner of Fernleaf Avenue
in Corona del Mar; and authorize the
City Clerk to release the Faithful
Performance Surety and Labor and
Materials Surety (Certificate of Deposit
No. 3- 08760548). (Report from Public
Works)
14. RESUBDIVISION NO. 757 - Approve a
Subdivision Agreement guaranteeing
completion of the public improvements
required with Resubdivision No. 757,
located at 922 West Balboa Boulevard, on
the northerly side of West Balboa
Boulevard, between Ninth Street and
Tenth Street, on the Balboa Peninsula;
and authorize the Mayor and City Clerk
to execute said agreement. (Report from
Public Works)
15. RESUBDIVISION NO. 766 - Approve a
Subdivision Agreement guaranteeing
completion of the public improvements
required with Resubdivision No. 766,
located at 400 Newport Center Drive on
the northeasterly corner of Newport
Center Drive and San Miguel Drive, in
Newport Center; accept the offer of
dedication of vehicular access rights to
San Miguel Drive and to Avocado Avenue;
and authorize the City Clerk to execute
said agreement. (Report from Public
Works)
Resub 740
(84)
757
(84)
Resub 766
(84)
16. CITY HALL PARKING LOTS (C -2446) - City Hall
Approve the plans and specifications; Prkg Lots
and authorize the City Clerk to C -2446
advertise for bids to be opened at 11:00 (38)
a.m. on November 29, 1984. (Report from
Public Works)
17. ACCEPTANCE OF CAMPUS DRIVE RESURFACING, Campus Dr
MAC ARTHUR BOULEVARD TO JAMBOREE Rsfrcg
BOULEVARD (C -2436) - Accept the work; C -2436
and authorize the City Clerk to file a (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)
Volume 38 - Page 346
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
�p f 9i9 G \�P\M;\P0 ti ROLL \CAL November 13, 1984
MINUTES
INDEX
18. 111 SHORECLIFF ROAD, CORONA DEL MAR -
Permit/
Approve Nonstandard Improvement
Encrchm
Agreement as recommended in the staff
(65)'
report. (Report from Public Works)
19. REMODEL FOR ENGINEERING WING, CITY HALL
EngrWing/
(C -2473) - Approve plans and
City Hall
specifications; and authorize the City
Remodel
Clerk to advertise for bids to be opened
C -2473
at 11:00 a.m., on November 30, 1984.
(38)
(Report from Public Works)
20. CONSTRUCTION OF PROFESSIONAL /TECHNICAL
Prof /Tchncl
BUILDING (C -2424) - Accept the work;
Bldg Cnstr
approve an extension of time of 22
C -2424
calendar days and waive any liquidated
(38)
damages; and authorize the City-Clerk .to
file a Notice of Completion and to
release the bonds 35 days after Notice
of Completion has been recorded.
(Report from Building Director)
21. BUDGET AMENDMENTS - For approval:
(25)
BA -044, $100,000 - Increase in Budget
Appropriations to provide for North Ford
Park development by in -lieu fees
provided by J. M. Peters when Belcourt
was developed; Park and Recreation Fund.
BA -045, $8,500 - Increase in Budget
Appropriations to provide for additional
cost for purchase .of rescue boat
included in 1984 -85 budget; Marine Fund.
Marine Dpt
(Memorandum from Marine Department)
(51)
BA -046, $31,000 - Increase in Budget
Appropriations to provide for
construction of a parking lot at Bayside
Drive and Jasmine Avenue, and meter
Corona del. Mar parking lots; General
Fund.
BA- 047,'$10,000 - Increase in Budget
Appropriations to provide one additional
Parking Meter Serviceman I; General
Fund.
BA- 048,$5,500 - Transfer. in Budget
Appropriations to provide for renovation
of plumbing fixtures in the main men's
CtyH1 /P1mbg
restroom in City Hall; General Services
General Sry
Fund. (Memorandum from General Services
(39/44)
Department)
BA -049, $460 - Transfer in Budget
Appropriations to provide for
replacement of two adder - calculators
which are unreliable and in constant
•
need of repair; Finance Fund.
volume 38 - Page 347
MEMBERS
Motion
Motion
All Ayes
E
CITY OF
X
x
MINUTES
November 13, 1984
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from the Planning Department
recommending the Mayor and City Clerk be
authorized to execute an Agreement with
Courton and Associates for Consulting
Services regarding preparation of an
Environmental Impact Report for the
Annexation of the Santa Ana Heights Area
within the City of Newport Beach's
Sphere of Influence, was presented.
The City Clerk reported that after the
agenda was printed, two letters had been
received from ABCOM Property Owners, and
Lorraine Warren, regarding the proposed
EIR and Santa Ana Heights Annexation.
Motion was made to approve the
recommended action on the agenda,
authorizing the Mayor and City Clerk to
execute an Agreement with Courton and
Associates for Consulting Services
regarding,preparation of an
Environmental Impact Report for the
Annexation of the Santa Ana Heights Area
within the City of Newport Beach's
Sphere of Influence; and direct staff to
attempt to expedite the time of
completion of the EIR, where legally
possible, without destroying the quality
of said EIR.
Dan DeMille, representing ABCOM property
owners, addressed the Council and stated
that they had inadvertantly forgot to
give an address in their letter of
November 8, 1984 to the City; and for
the record, he stated that their address
is 20401 Cypress Avenue, Santa Ana
Heights. He stated that they would like
to be contacted regarding their input on
the proposed EIR, and any meetings,
hearings, etc;, connected therewith.
Council Member Cox expressed his
concerns with regard to Council Member
Strauss wanting to "rush this item
through," and following further
discussion and consideration, a
substitute motion was made by Council
Member Strauss to approve the action on
the agenda.
Volume 38 - Page 348
S /Ana Hghts
EIR Cnsltg
Agm /Courton
& Assoc.
G -2480
(38)
0
Motion
x
4
Motion x
Ayes x x x
Noes x x x
All Ayes
n
A Ayes
Motion
All Ayes
0
x
x
MINUTES
November 13, 1984
2. Report from Public Works recommending
that the Mayor and City Clerk be
authorized to execute a Professional
Services Agreement with Dennis C. Wood
and Associates in the estimated amount
of $24,500 for the New Building at
Community Youth Center near Fifth and
Iris Avenues (Contract No. 2465), was
presented.
Council Member Agee stated that he would
like to review the details of the
subject agreement prior to approval; and
therefore, motion was made to defer
action on this item until November 26,
1984.
Substitute motion was made to approve
the recommended action at this time,
which motion FAILED.
The motion on the floor was voted on and
carried.
3. Proposed Ordinance amending Sections
12.08 and 12.16 of the Newport Beach
Municipal Code relating to street
closures for regulating cruising
activities, was presented with report
from the City Attorney.
Motion was made to defer action on this
item to November 26, 1984, as requested
by the Police Department.
4. Proposed resolution declaring the intent
of the City Council to conduct a public
hearing to consider extending Community
Cablevision °s franchised area within the
City of Newport Beach, was presented
with a report from the Executive
Assistant to the City. Manager.
Motion was made to adopt Resolution No.
84 -132 declaring the intent of the City
Council to conduct a public hearing to
consider the application of Community
Cablevision to extend its franchise area
within the City of Newport Beach,
changing the date of the public hearing
from November 26 to December 10, 1984.
5. Report from Parks, Beaches and
Recreation Director and Memo from
Newport Beautification Citizens
Advisory Committee regarding BEACH
RESTROOMS, was presented.
Volume 38 m Page 349
th Ctr/
& Iris
nl Sry
(38)
70)
62)
/Cmty
84 -132
MINUTES
"d
Ed Ed Benson, Member of the Newport
Beautification Committee, addressed the
Council and recommended the City approve
•
a long -range beach restroom improvement
program. He stated that he has
inspected numerous beach restroom
facilities up and down the coast, and
finds that Newport Beach is in need of
upgrading their beach restrooms to a
more modern concept.
Motion
x
Motion was made to approve the
All Ayes
recommended agenda action as follows:
°Establish as the top priority the
construction of a new restroom
facility at the Balboa Pier.
*Direct staff to implement the
project as recommended with funds
available this fiscal year.
*Direct the Parks, Beaches and
Recreation Department and
Commission to develop a master plan
of restroom replacement and new
restroom construction; the Master
Plan to be completed with
appropriate review and public input
by June 30,'1985.
6. Report from Personnel Department
Personnel/
•
regarding EMPLOYEES ASSISTANCE PROGRAM,
Emplys Astnc
was presented,
Prgrm
(66)
It was noted in the subject report that
the staff was recommending the City
Manager be authorized to enter into an
agreement with OCEAN to provide an
Employee Assistance Program (EAP) to be
implemented on, or about January 1,
1985.
Steve Prather, Executive Director for
Family Crisis Center, addressed the
Council regarding their proposal for the
Employee Assistance Program. He
outlined three areas for reconsideration
by the City Council, i.e., (1) the
number of people they are able to serve;
(2) the number of years in the employees
assistance field; and (3) the close
proximity their facility is to City
Hall.
Motion
x
Motion was made to approve the
All Ayes
recommended agenda action, as set forth
in the foregoing.
•
Volume 39 m Page 350
COUNCIL MEMBERS
November 13, 1984
MINUTES
H. ORDINANCES FOR ADOPTION:
•
1. ORDINANCE N0. 84 -23, being;
Ord 84 -23
Parking/
Restricted
AN ORDINANCE OF THE CITY OF NEWPORT
(63)
BEACH AMENDING SECTION 12.40.030 of
the newport beach municipal code
regarding requirements for
restricted parking on private
property,
was presented for second reading and
adoption, with report dated September
25, 1984 from the Police Department.
Motion
x
Motion was made to adopt Ordinance No.
All Ayes
84 -23.
I. CONTINUED BUSINESS:
1. Report from the Marine Department dated
Harbor Perm
October 22, 1984 regarding HARBOR PERMIT
Ap111172 -901
APPLICATION 11172 -901 BY DONALD KOLL TO
(51)
CONSTRUCT A 36 FOOT GROIN BAYWARD OF 901
VIA LIDO SOUD, was presented.
The City Clerk reported that after the
agenda was printed, a letter was
received from Steve Barrett, Marine
Contractor for Donald Koll, requesting
delay of the Harbor Permit for thirty
days.
moo n
x
Motion was made to defer action on this
All Ayes
item until December 10, 1984.
2'. Report from Public Works regarding
PW /Channel
CHANNEL BRIDGE (Arches Bicycle
1Brdg
Facilities), was presented.
(74)
The City Manager summarized the report
noting the estimated completion dates
for bridge and road widening projects as
indicated below. These dates assume no
further significant slippage in
scheduling:
Widen the east side of the Channel
Bridge and Newport Boulevard to
32nd Street -- Estimated construction
completion date - April, 1989;
Construct a new raised bridge and
widen Newport Boulevard to 32nd
Street- =Estimated construction
completion date - June, 1991;
Volume 38 - Page 351
•
Motion
All Ayes
•
•
X
?11 In _It
November 13, 1984
The addition of a temporary bicycle PW /Channel
facility to the existing Channel Bridge
Bridge and the bridge over Coast
Highway could be accomplished using
structures similar to those shown
on the attached sketch in the staff
report. The cost estimate for'the
construction of the type of
facility is $102,000 for the
Channel Bridge and $67,500 for the
Coast Highway Bridge. Approxi-
mately two years from the start of
design would be required for
construction of the project. The
Channel Bridge additions would
warrant a much higher priority than
would the Coast Highway bridge
additions, as the bicycle volumes
are approximately four times higher.
on the Channel Bridge.
Steve Fobes, 328 Aliso Avenue, addressed
the Council and spoke in support of a
bicycle lane over the Channel Bridge,
stating he is a cyclist and the existing
condition is very unsafe.
Motion was made to direct staff to
obtain proposals for Engineering
Services for a bicycle lane for the
Channel Bridge; and prepare a Budget
Amendment for $15,000 from the Gas Tax
Fund.
J. CURRENT BUSINESS:
1. Memorandum from the City Manager Cncl Policy
regarding COUNCIL POLICY A -10 proposed A -10
amendment, was presented. (69)
Council.Member Strauss advised that he
had placed the proposed amendment on.the
agenda, which reads as follows:
4. E ........ Further, the City
Council shall not consider the
election of Mayor or Mayor Pro Tem
in closed session, nor shall such
election for Mayor or Mayor Pro Tem
be voted upon by secret ballot."
Council Member Strauss expressed his
reasons for supporting the proposed
amendment.
Volume 38 - Page 352
I*
A n
Ayes
Noes
Motion
CITY OF •- BEACH
MEM
X I x I x ix I I x x
x
November 13, 1984
MINUTES
The City Attorney stated that the last
time this subject came up before the
City Council,.he reviewed the Attorney
General's opinion mentioned in the
former City Attorney's memorandum of
November 28, 1977, and advised the City
Council that the Attorney General then
took the position and still takes the
position that a City Council cannot use
secret ballot to appoint members of City
Boards and Commissions. He stated he
also advised the City Council that there
was a New Mexico Supreme Court ruling
that their version of the Brown Act did
not prohibit use of secret ballot to
elect or select members of Boards and
Commissions,
The City Attorney further stated that
just today he contacted a Deputy
Attorney General, who advised him that
the Attorney General's office had -not
given an opinion on this particular
subject. However, the Deputy Attorney
General reiterated the prior opinion
that his office gave to Mr. O'Neil, the
former City Attorney, The City Attorney
stated that, in his view, the courts
would follow the opinion of the Attorney
General, and therefore, he does not feel
the City Council should use secret
ballot.
Motion was made to approve the proposed
amendment to Council Policy A -10, which
motion failed.
No further action was taken.
2. Memorandum from Parks, Beaches and
Recreation Director regarding request
from OASIS TO SERVE ALCOHOLIC BEVERAGES
AT A SPECIAL FUND RAISING PARTY, was
presented.
Dan Sweet, 2nd Vice President, Friends
of Oasis, addressed the Council and
spoke in support of their request.
Motion was made to approve the request.
Council Member Strauss stated he
reluctantly would support the motion,
but only because of the unusual
circumstances involved.
Council Member Agee stated he was not
going to support the motion, as he felt
It would set a precedent for other
organizations.
Volume 38 m Page 353
Cncl Policy
62)
I
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL
Ayes
NO
Motion
All Ayes
Motion
All Ayes
9
E
MINUTES
November 13, 1984
INDEX
Team Work-
shop
/Atty
x
x
x
x
The motion was voted on and carried.
x
x
K. ADDITIONAL BUSINESS:
x
1. Motion was made to approve the TEAM
BUILDING WORKSHOP with Bill Hamilton and
Associates to be held Friday, January
11, 1985.
x
2. Motion was made to direct the City
Attorney to write to the legal counsel,
that is handling the case for the City
of Modesto regarding liability
predicated on failure to enforce the
zoning ordinance, and advise them that
the City of Newport Beach intends to be
named as one of the Cities in the
Amicus Friends of the Court Brief.
Meeting was adjourned at 9:45 p.m., to
Tuesday, November 20, 1984, at 4:00 p.m., for
seating of new City Council and election of
Mayor and Mayor Pro Tem.
t
i
ayor
ATTEST:
Ciff Clerk
po-
�e
Volume 38 - Page 354
INDEX
Team Work-
shop
/Atty