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Home My WebLink About04/28/1980 - Regular MeetingCITY OF NEWPORT BEACH COUNCILMEN MINUTES (n A ROLL CALL April. 28, 1980 Motion Ayes 'x x X Councilman Maurer made a motion to approve the Noes x x x application, which motion failed. x 6tain ion x The Council's previous action denying approval of Ayes x x x x x x the encroachment was reconsidered. Noes x Motion x The application was continued to May 12, and staff Ayes x x x x x was directed to report back on the magnitude of Noes x x the encroachment problem in that area only. The regular order of the agenda was resumed. D. HEARINGS: 1. Mayor Heather opened the continued public hearing Use Permit regarding Use Permit No. 1930, referred to the No. 1930 City Council by the Planning Commission with no (88) recommendation. This is a request by Lee 6 Strock Architects, Inc. to permit the construction of a two -story office building exceeding 5,000 sq. ft. of floor area in a Specific Area Plan where a specific plan has not been adopted; and the accep- tance of an Environmental Document; on property located at 350 North Newport Boulevard, on the southerly corner of North Newport Boulevard and Beacon Street, adjacent to Newport Heights; Zoned C -1 -H: A report dated April 9, was presented from the • Planning Department. A petition signed by 15 residents and a letter from Jane and Robert McGiffin regarding the zonin for the project, and a petition signed by 23 resi- dents opposing the project were presented. Arthur Strock, Lee and Strock Architects, 4220 Von Kerman AVenue, Newport Beach, who also represented Herbert Sutton, updated their staff report and distributed additional conditions for approval to the Council. Pat Strang, President of the Newport Heights Association addressed the Council and opposed the Development. Al Beasly, representing his mother, Mrs. Renie K. Espe, and Lu Anne Baker addressed the Council and opposed the project. Motion x The hearing was continued to May 12. All Ayes 2. Mayor Heather opened the public hearing regarding Use Permit the appeal of Tonti- Walker Investors from the No. 1926 decision of the Planning Commission on February 7 (88) 1980 denying Use Permit No. 1926, a request to construct a two -story restaurant facility with on -sale alcoholic beverages in the M -1 District, an off -site parking agreement, and the acceptance • of an Environmental Document; and Volume 34 - Page 93 CITY OF NEWPORT BEACH COUNCILMEN MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. ROLL CAL$ DATE: April 28, 1980 irunFY Present x x x x x x A. ROLL CALL. Absent � x i ( B. The reading of the Minutes of the Regular Meeting .l.on x of April 14 and the Adjourned Meeting of April 15, All Ayes 1980, was waived, and the Minutes were approved as written and ordered filed. C. The reading in full of all ordinances and resolu- Motion x tions under consideration was waived, and the City Clerk was directed to read by titles only. The Council Meeting commenced with Ordinances For Motion is Adoption until Mayor Heather arrived. All Ayes E. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1841, being, AN ORDINANCE OF THE Commercial CITY OF NEWPORT BEACH AMENDING SECTION Vehicles 12.32.020(b) OF THE NEWPORT BEACH MUNICIPAL CODE Exceeding TO PROHIBIT COMMERCIAL VEHICLES EXCEEDING 6,000 6,000 pounds POUNDS FROM._ OPERATING_ ON.DOM_ DRIVE, BETWEEN 0 -1841 WESTCLIFF DRIVE AND IRVINE AVENUE, was presented. (85) Ordinance - No-._M4,1_was reintroduced, as.- amended Motion x to include Cliff Drive between Dover and.lrvine, All Ayes and passed to second reading on May 12, 1980. F. CONTINUED BUSINESS: 1. A letter dated March 18 was presented from Julius Off -Site V. Evans asking for Council to reconsider its Parking/ • action taken on March 10 recommending the instal- Evans lation of a block wall in connection with the (38) off -site parking agreement at 329 and 331 Marigold in Corona del Mar. Mayor Pro Tempore Hart stated that this was the 3rd or 4th postponement of the request of the applicant, who was not present at this meeting also. Motion x The request of the applicant for reconsideration All Ayes was denied. Mayor Heather arrived and took her seat at the Council table. Mayor Heather, who officiated the 33rd Annual Newport Ensenada Race, reported that a trophy was presented to the Escadero of the Newport Harbor Yacht Club, which was the first prize for the City of Newport Beach. G. CURRENT BUSINESS: 1. A report was presented from the Public Works Encroachment Department regarding; the application of Robert Permit/ Jackson to construct a 2- foot -high brick planter Jackson wall encroaching one foot into the parkway at (65) I 437 Fernleaf Avenue. . 1 Volume 34 - Page 92 CITY OF NEWPORT BEACH COUNCILMEN MINUTES A ROLL CAL\NL\ ' \ April 28, 1980 Resubdivision No. 650, which would establish one Resubdivision building site for said restaurant and eliminate an No. 650 interior lot line where two lots now exist on (84) property located at 2800 Lafayette Avenue on the northeasterly corner of Lafayette Avenue and 28th Street in Cannery Village. A report was presented from the Planning Depart- ment. Richard Doo and William Clapits of Archi- Tekton, representing Tonti- Walker Investors, addressed the Council and responded to questions regarding the project. Edward R. Francis, representing the fishing boats in the Rhine Channel, stated that they have an equitable agreement with the applicant for the existing slips to remain as they now exist and that the applicant has offered to buy fresh fish for use in their business from the fishermen in the area. Doug Bray, Commercial fisherman and Chairman of the Harbor Committee for the United Fishermen's Organization,stated that the organization did not oppose the development project, as long as the commercial fleet has the opportunity to remain. Peter Tonti, General Partner of Tonti- Walker, expressed his desire to build a restaurant and • seafood market, keeping the fishermen there for as long as they care to stay, along with maintain- ing the local color of the area. Albert Abdinor, President of Corrigan Co., of Palm Springs, spoke in favor of the restaurant and warehouse, stating that their present location was not economically feasible. Nick Delaney, Costa Mesa, expressed his desire to have a restaurant built in this area. Buzz Person, representing Art Mellow, who owns property located on Newport Boulevard and who has his offices in Cannery Village, stated that he favored the plan, since it would be another alter- native to Delaney's, the Cannery and El Ranchito. Motion x The hearing was closed after it was determined All Ayes that no one else desired to be heard. Motion x Mayor Pro Tempore Hart made a motion as follows: To approve as per Exhibit A (all the condi- tions and the Environmental Document) and Exhibit C (parking for the commercial fisher- men) and the added conditions to A as follows: • Condition 35 - To provide docking facilities for the existing commercial fishing vessels, Volume 34 - Page 94 • e i COUNCILMEN MINUTES A ROLL CAL\� April 28, 1980 and assure any rate increases will not exceed consumer price indexing and added cost, if mandated on tideland fees: • Condition 36 - That approved landscaping be installed along Newport Boulevard approved by the Parks, Beaches and Recreation Director; Condition 37 - That sale of packaged seafood, similar to what formerly existed on the site, as opposed to a take -out establishment- -not food for consumption on the premises, or in the immediate vicinity; and Finding 12 - That the goals and the objec- tives of the Local Coastal Plan will not be prejudiced by this decision. That this pro- ject is no way bearing on any other waterfront ' project. Mayor Pro Tempore Hart asked that the vote on her main motion exclude Condition 37. Councilman Strauss asked that Mayor Pro Tempore Hart's motion be amended to stipulate that a retail seafood market be limited to only that, and no on -sale or take -out food, which amendment was accepted by the maker of the motion. All Ayes A vote was taken on Mayor Pro Tempore Hart's amended motion, which carried. 3. Mayor Heather opened the public hearing regarding Zoning the appeal of Ernest George from the decision of Modification the Planning Commission on March 20, 1980, denying No.2502 Modification No. 2502 (referred to the Planning (94) Commission by the City Council on February 11, 1980), being a request to permit interior and exterior alterations to an existing nonconforming building located at 2610 East Coast Highway, on the easterly side of East Coast Highway between Dahlia Avenue and Fernleaf Avenue in Corona del Mar; zoned C -1. A report was presented from the Planning Depart- ment. Ernest George, the applicant, addressed the Council, responding to questions regarding his appeal. Frank Jank addressed the Council and endorsed the applicant's appeal. Motion I x The hearing was closed after it was determined All Ayes that no one else desired to be heard. Motion x The Planning Commission's decision was overruled, All Ayes and the applicant's request was approved, subject to the conditions and findings in Exhibit A. Volume 34 - Page 95 CITY OF NEWPORT BEACH COUNCILMEN MINUTES %\W ROLL CA� \ April 28, 1980 4. Mayor Heather opened the public hearing in connec- Weed Abatemnt tion with the Spring, 1980 Weed Abatement Program, Spring, 1980 in compliance with Resolution No. 9760, to conside R -9769 • I I objections and protests, if any, to the proposed (41) abatement of weeds and other public nuisances. A report from the Fire Chief with a copy of Abate - went Notice was presented. Hal Thomas, stated that abatement should be by mowing, instead of disking. The City Manager commented that this is automatic as previously established by Council resolution. Motion x The hearing was closed, after it was determined All Ayes that no one else desired to heard. Motion x Resolution No. 9769, ordering the Fire Chief to All Ayes abate weeds and other public nuisances existing upon the streets, alleys, sidewalks, parkways and private property within the City, was adopted. G. CURRENT BUSINESS: 2. A letter from Bill Prough, G & W Towing, asking G & W Towing/ that his application for a tow truck operator's Prough permit be reviewed. (70) Bill Prough, applicant and employee of G & W Tow- ing, addressed the Council and asked that Council approve his request. Johnny Godby, Manager of C & W Towing, addressed the Council and supported Mr. Prough's request. Motion x Councilman Strauss made a motion to deny review Ayes x x of the applicant's permit, which motion failed. Noes x x x x x Councilman Hummel made a motion to approve the Motion x application, and the recommendation of the Chief All Ayes of Police in denying the tow truck operator's permit application of William E. Prough was over- ruled, and the application was approved, subject to the condition that should the applicant be convicted of any moving violation of the Califor- nia Vehicle Code within 12 months of the date of issuance, the permit will automatically be revoked by the Chief of Police without further City Council, consideration. 3. Appointment of various Council and Advisory Com- mittees, Motion x Those appointees already serving on Citizens CAC /Council Ayes x x x x Advisory Committees will continue to serve for Policy A -9 Noes x the remainder of the calendar year in conjunction (24) Abstain i x x I with Policy A -9. Mayor Heather's appointments to the following I Mayor's �lon Ayes x I Council Standing Committees,Council Ad Hoc Com- Appointments mittees, Joint Governmental Committees, and to Committees CIL1zviis Advisory Comm iIIces w:is e(inFIrmed: (24) i Volume 34 - Page 96 COUNCILMEN l� ROLL. CALL C 0 0 : '_ . r MINUTES April. 28, 1980 Mayor's Appointments to Committees (24) I. COUNCIL STANDING CUMMITTEES i A. Appointments Committee Chairman Heather Mayor Pro Tempore Hart ' I Councilman Cox B. .Alidget Co tit lcc Chairman Strauss Councilman Cox I C. Off- Street Parking Committee Chairman Hummel Councilman Strauss D. Pending Legislation and Procedural Ethics Committee Mayor Heather Councilwoman Plummer R. Proclamation_ Committee Mayor Heather F. Tidelands Affairs Committee Mayor Pro Tempore Hart Councilman Maurer C. Underground Utilities Coordinating Committee Councilman Hummel H. Water Committee Chairman Cox Mayor Heather II. COUNCIL AD HOC COMMITTEES A. Beacon Bay Lease Committee Chairman Maurer Councilman Hummel 1 B. Orange County Airport Aviation Committee Chairman Strauss Councilman Hummel III. JOINT GOVERNMENTAL COMMITTEES A. City - School Liaison Committee Councilman Maurer Councilwoman Plummer Volume 34 - Page 97 Mayor's Appointments to Committees (24) COUNCILMEN Qn I rA, 6 April 28, 1980 MINUTES fayor' s 1ppointments :o Committees 24) B. Inter -City Relations Committee_ T E Mayor Pro Tempore Hart t • Councilwoman Plummer C. Joint Harbor Committee Councilman C�ox Councilman Strauss Alternate: Mayor Heather D. League of California Cities - Orange County Division Voting Representatives: Mayor Heather Mayor Pro Tempore Hart E. League of California - State Voting Representatives: Mayor Heather Mayor Pro Tempore Hart F. Orange County Sanitation Districts District 5 Mayor Heather Alternate: Councilman Maurer Councilman Cox • Alternate: Councilman Strauss District 6 Mayor Heather Alternate: Councilwoman Plummer District 7 Mayor Heather Alternate: Mayor Pro Tempore Hart G. Orange County Vector Control District Councilwoman Plummer H. Santa Ana River Flood Protection Agency Councilwoman Plummer Alternate; Mayor Heather 1. - Southern California Association of Governments (SCAG) Mayor Heather Alternate: Mayor Pro Tempore Hart J. Upper Newport: Bay Ecological Reserve • I Public Advisory Committee ` Mayor Heather f Alternate;. Councilman Cox Volume 34 - I'ngc 98 fayor' s 1ppointments :o Committees 24) COUNCILMEN ROLL CALL • Motion All Ayes • Ed. w MINUTES Mayor's Appointments to Committees (24) O.C. Airport Aviation Com. (58) April 28, 1980 K. Mayor's Selection Committee I I Mayor Heather TV. CITIZENS ADVISORY COMMITTEES A. Bicycle,Trails Citizens Advisory Committee Council Liaison: Councilman Maurer Council Liaison: Councilman Hummel B. Environmental Quality Citizens Advisory Committee Council Liaison: Councilman Maurer Council Liaison: Mayor Pro Tempore Hart C. Litter Control Citizens Advisory Committee Council Liaison: Mayor Pro Tempore Hart D. Transportation Plan Citizens Advisory Committee Council Liaison: Councilman Cox Council Liaison: Councilman Maurer E. Highway Action Team Council Liaison: Councilman Cox 4. A letter from the Aviation Committee was presented recommending authorization by the City Council for employment of a Washington, D. C. law firm to represent the City before the Federal Aviation Administration (FAA), and that the City send representation to Washington, D.C. to interview Washington Counsel. The following people spoke in support of the recom mendation: Clarence Turner, President of the Mariners Commun- ity Association, and Tom Edwards. The City Attorney was authorized to obtain cost x estimates for employment of a legal firm and the Mayor and the City Attorney were authorized to go to Washington, D.C. i I Volume 34 - Page 99 I Mayor's Appointments to Committees (24) O.C. Airport Aviation Com. (58) COUNCILMEN MINUTES April 28 1980 KULL CALL l J' I INDEX H. CONSENT CALENDAR: Motion The following actions were taken as indicated except • Ayes Ix for those items removed: 1. ORDINANCES FOR INTRODUCTION - For Introduction and set for public hearing on May 12, 1980: (a) Proposed Ordinance No. 1842, being, AN ORDI- Zone Amend. NANCE OF THE CITY OF NEWPORT BEACH AMENDING No. 543 A PORTION OF DISTRICTING MAP NO. 13 TO 0 -1842 DESIGNATE A FRONT YARD SETBACK OF TEN FEET ON (94) PORTIONS OF TWO LOTS LOCATED AT 109 AND 109'h PARK AVENUE, BALBOA ISLAND, Planning Commis - sion Amendment No. 543, a request of John L. and Barbara B. Scott, Balboa Island, to con- sider an amendment to a portion of District- ing Map No. 13 to designate a front yard setback of ten feet on portions of two lots located at 109 and 109'k Park Avenue, on the southerly side of Park Avenue, westerly of Emerald Avenue, on Balboa Island; zoned R -1 -5. (A report from the Planning Depart- ment) 2. RESOLUTIONS FOR ADOPTION: (a) Removed from the Consent Calendar (b) Resolution No. 9770 awarding a contract to Irvine Ave/ Dunlop Concrete Construction in connection Cliff Dr. with the Irvine Avenue -Cliff Drive intersec= C -2143) • tion improvements (C- 2143). (A report from R -9770 the Public Works Department) (38) (c) Resolution No. 9771 awarding a contract to Lido Isle Stephen Richey Co. in connection with the Sewer Lido Isle sewer force main replacement C -2109 (C- 2109). (A report from the Public Works R -9771 Department) (38) (d) Resolution No. 9772 designating an intersec- Traffic tion at which vehicles are required to stop Stop Signs and directing the Traffic Engineer to erect Bayview /Heli- necessary,atop_signs ( Bayview Avenue at otrope Heliotrope Avenue).(A report from the Public R -9772 Works Department) (81) (e) Resolution No. 9773 designating an intersec- Traffic tion at which vehicles are required to stop Stop-Signs and directing the Traffic Engineer to erect Redlnds /Cliff necessary stop signs (Redlands Avenue at Dr. Cliff Drive) (A report from the Public Works R -9773 Department) (81) (f) Resolution No. 9774 authorizing the Mayor and Traffic Sig. City Clerk to execute a Cooperative Financing Cooper.Agrmt. Agreement between the City of Newport Beach, R -9774 the City of Costa Mesa and the County of (38) Orange for the installation of traffic signal C a1r18� facilities on Irvine Avenue between Westcliff • Drive (17th Street) and Mesa Drive. (A report from the Public Works Department) Volume 34 - Page 100 i _ • c ._ MKIR COUNCILMEN MINUTES A ROLL CALL \C� � April 28, 1980 3. COMMUNICATIONS - For referral as indicated: (a) To staff for reply, a letter from Richard H. I (85) • Lommon, Jr, calling; attention to what he feel. is a dangerous traffic condition existing at Marguerite and Fifth Avenue. (Attached) (b) To staff for response, if necessary, a letter (57) from the County Human Services Agency, Public Health and Medical Services, regarding the enforcement of City ordinances. (Attached) (c) To Pending Legislation and Procedural Ethics (77) Committee, resolutions from the cities of Buena Park and Westminster honoring and com- mending Canada for its heroic efforts on . behalf of American citizens confined in Iran. (Attached) (d) To Pending Legislation and Procedural Ethics (77) Committee, a resolution from the City of Seal Beach opposing State Assembly Bill No. 2257 concerning the restriction of the intra- agency use of tax increment funds outside of project areas from which such funds are generated. (Attached) 4. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Letters from John Niehoff, Robert Jurs and • Angus C. Richardson supporting a public marina at the mouth of the Santa Ana River. (Attached) (b) A.letter from Al "King Alfonso" Lizanetz regarding the state of the world. (c) Removed from the Consent Calendar. (d) Copy of a letter to the Planning Commission from the Business Property Association regarding the Special District Plan for Corona del Mar. (Attached) (e) Copy of a letter to the Planning Director bearing five signatures regarding a three- story office building being constructed at the corner of Acacia and Orchard Streets by Newport -Irvine Associates. (Attached) (f) Copy of Friends of Oasis Board Meeting of March 17, 1980. (Attached) (g) Notice from the Local Agency Formation Com- mission regarding proposed annexations to the Costa Mesa Sanitary District designated Engineer's No. 194 and Engineer's No. 195 Annexation (194- adding a parcel off Adams Avenue; 195 -at intersection of Anton Boule- vard and S.A.-Delhi Channel, east of Bristol). i Volume 3/1 - PaF;e 101 { it o! c/ COUNCILMEN MINUTES �� April 28, 1980 ROLL CALK' INf1FY (h) Removed from the Consent Calendar. (i) Minutes of the Local Agency Formation Com- • mission of March 26. (j) Agenda of Board of Supervisors meetings held April 15, 16, 22 and 23, 1980. 5. CLAIMS FOR DAMAGES -- For denial and confirmation Claims of the City Clerk's referral of claims to the (36) insurance carrier: (a) Claim of Teresa Lee Pomeroy alleging private Pomeroy property was picked up by refuse crew at 218 La Jolla Drive on April 15, 1980. (b) Claim of Sheila Hershkowitz for property Hershkowitz damage alleging a bicycle was damaged by a City trash truck at 102 E. Bay Avenue some- time in the middle of March. (c) Claim of Cindy Susan Thompson alleging false Thompson arrest and false imprisonment in connection with an incident at 425 Pirate Road on January 30, 1980. 6. SUMMONS AND COMPLAI14T - For confirmation of City Attorney's referral to County Council: (a) Summons and Complaint of Southern Pacific So. Pac. Transportation Company, et al, vs. Board of Transportatn. Equalization of State of California, et al, Co /State of • for refund of property taxes. (A report from CA Equilz.Bd. the City Attorney) 7. REQUEST TO FILL PERSONNEL VACANCIES - For Approval Personnel (A report from the City Manager) Vacancies (a) Two Police Officers, Police Department, to fill vacant positions. (b) One Laborer, Field Maintenance Division, to fill a vacant position. (c) One Library Clerk 1, Library Services Depart- ment, to fill a vacant position. 8. REPORTS FROM STAFF - For Council information and filing: (a) A report from the Parks, Beaches and Recrea- OASIS tion Director regarding OASIS rental. (62) (Attached) 9. PUBLIC HEARING SCHEDULING - None. 10. FORD ROAD IMPROVEMENTS AS REQUIRED BY TENTATIVE Tract No. TRACT NO. 8787 - Acceptance of the public improve- 8787 ments on Ford Road, from San Miguel Drive to 700 feet easterly, constructed in conjunction with . Tentative Tract No. 8787; authorization to the City Clerk to release the Faithful Performance Bond (Bond No. 2592384), and to release the Labor and Materials Bond (Bond No. 2592384) in six Volume 34 - Page 102 COUNCILMEN�\ MINUTES ROLL CALL A April 28, 1980 INDEX months provided no claims have been filed. (A report from the Public Works Department) 11. SITE PLAN REVIEW NO. 7 - Acceptance of the public S Site Plan • 1 improvements constructed under Site Plan Review R Review No.7 No. 7, located at North Newport Boulevard between ( (84) Catalina Drive and Santa Ana Avenue; and authoriza tion to the City Clerk to'release the Faithful Performance Bond (Bond No. 8 SM 174001) and to release the Labor and Materials Bond (Bond No. 8 SM 174001) in six months provided no claims have been filed. (A report from the Public Works Department) 12. TRAFFIC SIGNAL AND SAFETY LIGHTING AT BIRCH STREET T Traffic Sig. AND VON KARMAN AVENUE AND BICYCLE PUSH BUTTONS AT / /Safety Light- X61 COUNCILMEN MINUTES ROLL CALLTP-T �' WWW Aril 28, 1980 Motion x 2. Copy of a letter to Mayor Heather from the West Use Permit All Ayes Newport Beach Improvement Association regarding No. 1717 the building at 2106 W. Ocean Front, on the north- (88) easterly corner of West Ocean Front and McFadden Square was referred to staff for a report back. Motion x 3. Mayor Heather reported on the LAFCO meeting of All Ayes April 23, and the agenda was ordered filed. J. ADDITIONAL BUSINESS: Motion x 1. Use Permit 1939, at the request of Mayor Pro Tem- LAFCO All Ayes pore Hart, was called up and set for public hearing (21) on May 12. K. The Council adjourned to Executive Session to discuss litigation matters. L. The Mayor adjourned the meeting at 12:45 a.m., May 29 to 7:30 a.m., May 1, 1980. Mayor ATTEST: `¢ City Clerk Volume 34 - Page 104