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Home My WebLink About11/10/1980 - Regular MeetingPresent Ixlxlxlxlxlxl Motion A�Ayes Motion All Ayes 0 x xi ;T-012- I - MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: November 10, 1980 xi A. ROLL CALL. B. The reading of the Minutes of the Regular Meeting of October 27, 1980 was waived, and the Minutes were approved as written and ordered filed. C. The reading in full of all ordinances and resolu- tions under consideration was waived, and the City Clerk was directed to read by titles only. D.. HEARINGS: 1. Mayor Heather opened the continued public hearing and City Council review regarding: (a) A Traffic Phasing Plan for the remaining development in the Koll Center Newport Planned Community and related Environmental Document. Property bounded by MacArthur Boulevard on the west, Campus Drive on the north, and Jamboree Road on the east, in Koll Center Newport. (b) Planning Commission Amendment No. 550, a request of the Koll Company to allow the transfer of allowable square footage within the Planned Community. (c) Use Permit No. 1953, a request of the Koll Company to allow the construction of a twelve - story, 440 room hotel with related facilities at 4500 MacArthur Boulevard, between Birch Street and Von Karman Avenue, in Koll Center Newport. A report was presented from the Planning Department. A supplemental staff report was presented from the Planning Department containing Attachment No. 1. A letter from P. A. Hollander was presented urging delaying the Koll Hotel project until its plans take into account the utility companies' ability to serve all customer loads during peak demand periods. A letter was presented from W. W. Cruttenden, Jr., and after the agenda was printed, a letter from R. Kent Fulmer, in favor of more hotels in the John Wayne Airport area. Tim Strader, Koll Company Executive Vice President, addressed the Council with a review of the hotel project to date. Volume .34 - Page 269 Zone Amend PCD (94) • Motion Motion Ayes Nogs Motion Ayes Noes Motion x x x x x x x x x xlxlxlxlxlx Ayes Noes Ixlxlx Motion Ayes x x Noes I-11 • x x x x x x x x x x CITY OF NEWPORT BEACH. MINUTES November 10, 1 The following people addressed the Council in favor of the hotel project: Carol South, President of the Women's Division Newport Harbor Chamber of Commerce; Debbie Gray, who presented a petition bearing 601 signatures; Holly Pulaski; Jim Dale and Ned Van Rensselaer. The following people addressed the Council opposing the hotel project: .Erma Baiham; Joseph Jorgeson, who presented his letter regarding the hotel's impact on John Wayne Airport use; Clemente Shute, Attorney representing SPON; Jean Watt, President and Bobby Lovell, Vice President of SPON; Barbara Lichman; Allan Beek; George and Virginia Oschner; Ray Williams; Bob Spreen; Ken Sands; Ann Johnson and Bob Gardner. Tim Strader addressed the Council in rebuttal, requesting approval for the hotel project. Michael Wright, the City's EIR consultant, address- ed Council's concern regarding WESTEC Services, Inc. addendum to the Certified Final EIR. Mayor Heather closed the public hearing. Mayor Heather made a motion that Council sustain. the recommended actions of the Planning Commission. Councilman Hummel made a substitute motion to defer action on the hotel until December 8, for An outside legal opinion regarding the alleged conflict of interest of Councilmen Cox and Maurer, which motion failed. Councilman Strauss made a substitute motion to reduce the hotel project by 25%, which motion failed. Mayor Heather amended her main motion to take e4ch action separately and vote on the items individual which was acceptable to the Council. The Planning Commission's recommended actions were sustained, and the Findings with respect to the Final EIR as set forth in Attachment No. 1 to the Supplemental Staff Report were made and the Final EIR was accepted, approved and certified. The Findings with respect to the Traffic Phasing Plan as set forth in Attachment No. 1 to the Suppl mental Staff Report were made and the Traffic Phasing Plan was approved for the remaining develo ment in Koll Center Newport, subject to the condi- tions of approval as set forth in the Planning Commission Minutes of September 4, 1980. Volume 34 - Page 270 Motion Ayes x x Noes x • Motion Ayes x x Noes x • xlxlxlx xlxlxlx CITY OF NEWPORT BEACH MINUTES The Findings with respect to Use Permit No. 1953 as set forth in Attachment No. 1 to the Supplemental Staff Report were made and Use Permit No. 1953 was approved to permit the construction of a 12 story, 440 room hotel with related facilities in Koll Center Newport, subject to the conditions of approval as set forth in the Planning Commission Minutes of September 4, 1980. The Findings with respect to the amendment to the Planned Community Development Plan were made for Koll Center Newport as set forth in Attachment No. 1 to the Supplemental Staff Report and Resolu- tion No. 9915 was adopted amending the P -C Develop- ment Plan for Koll Center Newport to permit the transfer of allowable square footage within the Planned Community. IR -9915 2. Mayor Heather opened the public hearing regarding Vari the appeal of Edward Karagozian, Jr., Newport (91) Beach, from the decision of the Planning Commission on August 21, 1980, denying Variance No. 1074, a request to permit the installation of a radio antenna and tower which exceed the basic height limit in the 24/28 Foot Height Limitation District. Said antenna and tower to be located at 2461 Crest- view Drive, on the westerly side of Crestview Drive southerly of Marino Drive in Bayshores; zoned R -1. A petition was presented bearing 39 signatures residents in Bayshores Community opposing the variance appeal. Letters were presented from Newport Beach resi- dents Carroll Hudson, Richard Simon, Warren Clark and Richard Foxx, licensed radio operators, in favor of allowing the applicant to install the tower and antenna. After the agenda was printed letters were presen from Lee Chenoweth, Ray Carter, Donald McGillis Harry Harber, licensed radio operators, in favor allowing the applicant to install the tower and antenna. After the agenda was printed a petition was pre- sented bearing 25 signatures of Bayshores, Crest- view, Vista and Marino Drives, opposing the installation of the tower and antenna. The applicant, Edward Karagozian, Jr., addressed the Council, presenting 28 additional letters in favor of allowing him to install the tower and antenna. The following people addressed the Council in opposition: Jack Teal, President Bayshores Com- munity Association; Mimi Glass; Phil Boylhart, who presented additional letters from residents; and Scott Hightower, Resident Manager Balboa Bay Club, who cited television interference by Bay Club patrons. Volume 34 - Page 271 Motion A* 0 x x VA Motion Ayes x Nos Abstain l x 9 CITY OF NEWPORT BEACH MINUTES Mayor Heather closed the public hearing. The application was denied. 3. Mayor Heather opened the public hearing regarding the appeal of Spangler /Shachtman 6 Associates, Inc., Newport Beach, concerning Variance No. 1080, a request to permit the construction of a single - family dwelling on a lot in the R -1 District of Corona del Mar, which exceeds 1.5 times the build- able area of the site. Request denied by the Planning Commission at its meeting of October 9, 1980. Dwelling to be located at 2704 Cove Street on the northerly side of Cove Street between Way Lane and Fernleaf Avenue in China Cove. A report was presented from the Planning Department. After the agenda was printed, a letter was presented from Dr, and Mrs. Sodaro opposing the variance. Dick Hogan, representing the applicant, addressed the Council and exhibited slides of the area in question, explaining that the exterior of the house, or lot would not be increased. Frank and Evalyne Frost, the - applicants, addressed the Council, requesting approval of their appli- cation which would increase the livable area of the house only, from 1100 square feet to 1800 square feet. Mayor Heather closed the public hearing. The application was approved. 4. Mayor Heather opened the public hearing regarding vacation of alley lying westerly of 107 -33rd Street. A report was presented from the Public Works Department. The applicant, Mr. Skilling, addressed the Council stating that any and all easement requests would be granted and it would remain an open alley. Rhea Wachter, owner of the property at 3306 W. Ocean Front, addressed the Council concerning ingress and egress to her property. Mayor Heather closed the public hearing. Volume 34 - Page 272 1(91) Vacation (90) • Motion All Ayes Motion A *Ayes Motion Ayes Noes • x CITY OF NEWPORT REACH MINUTES The Public Works Director stated that the resolu- tion ordering the vacation will accompany language to the effect that there shall also be reserved fo the benefit of the property owners of Lots 1 - 9 and 27, in Block 33 of Newport Beach, cross - easements for ingress and egress. Resolution No. 9916 was adopted ordering the vacs- IR -9916 tion and abandonment of the alley lying westerly of 107 -33rd Street; and the City Clerk was directed to have the resolution recorded by the Orange County Recorder. E. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1870, being, R94-55-1 (94) AN ORDINANCE OF THE CITY OF NEWPORT BEACH 0-1870 ADDING CHAPTER 20.74 TO THE NEWPORT BEACH MUNICIPAL CODE REGULATING ADULT ENTERTAINMENT BUSINESSES, Planning Commission Amendment No. 551, a request initiated by the City of Newport Beach to consider an amendment to Chapter 20 of the Newport Beach Municipal Code establishing land use regulations pertaining to the operation and location of adult entertainment uses within the City of Newport Beach, was presented for second reading. Ordinance No. 1870 was adopted. F. CONTINUED BUSINESS:. 1. A report was presented from the Planning DepartM Zone Amend ment regarding motor- vehicle noise impacts from a (94) proposed ramp on bedrooms of the adjoining dwell - ing located at 2501 Ocean Boulevard in Corona del .Mar ( Hubbs' residence). Proposed six unit apart- ment complex and ramp to be constructed by Carl Quandt (Modification No. 2552). Study required pursuant to City Council action of July 28, 1980.. Albert Howard, representing the applicant, address- ed the Council requesting approval. Richard Millar, representing Mr. and Mrs. Hubbs and the adjacent property owners, addressed the Council, opposing the request. Mr. Millar introduced Gordon Bricken, noise con- sultant for his client, and Mr. Bricken addressed the. Council regarding his report. The results, of the applicant's consultant's noise report was accepted as fulfilling Condition No. 2 as imposed by the City Council on July 28, 1980. Volume 34 - Page 273 ion Ayes Motion Ayes Noes x Motion Ayes x Noes Motion All Ayes ix ix X CITY OF NEWPORT BEACH MINUTES 2. A report was presented from the Public Works ment regarding Summit Street. Action was postponed until November 24 to allow for further input by the residents. 3. A report dated October 14, 1980 was presented from the Public Works Department regarding application of James and Sally Arnold to install a 2 -foot fl- inch slump stone wall. The applicants, Mr. and Mrs. Arnold, addressed the Council presenting a petition bearing 41 signatures in support of their encroachment application. Councilman Maurer made a motion to approve the encroachment with the condition that the bricks around the palm tree be removed, which motion failed. The encroachment application was denied. 4. A reported dated October 27 from the Planning Department and newspaper ads were presented regard- ing the Local 208 Planning Advisory Group. Mayor Heather explained that a total of 16 people would be appointed; half of the appointments to be made by Mayor Art Anthony, City of Irvine, in each of the four categories. Confirmation of the following appointments by the Cityls Appointments Committee to the Local 208 Planning Advisory Group were as follows: PRIVATE CITIZENS Robert Wiese Brook Bentley REPRESENTATIVES OF PUBLIC INTEREST GROUPS Jean Watt Bart Ellerbroek PUBLIC OFFICIALS Tim Haidinger Jerry King ECONOMIC INTERESTS Robert Shelton Greg Boston Volume :14 - Page 274 Encroachmt (65) Local 208 Ping Adv Grp (51) Motion All Ayes otion All Ayes Motion All Ayes on A Ayes Motion All Ayes Motion All Ayes is x CITY OF NEWPORT BEACH MINUTES 5. (District 4) Mayor Heather's appointment of a member to fill the unexpired term of Richard C. John ending December 31, 1980, was postponed until December 22. 6. The resignation of Robert E. Millar was accepted with regret, and the City Clerk was directed to prepare a Certificate of Appreciation and (District 5) Councilman Maurer's appointment of a member to fill the unexpired term of Robert F. Millar ending December 31, 1980, was postponed until November 24. G. CURRENT BUSINESS: 1. A report was presented from the Public Works Department regarding Upper Bay Dredging Bypass Pipeline Proposal - -- Preliminary Feasibility Report prepared by Michael H. Cheney, Consulting Civil Engineer. The report was received, subject to final correc- tions and referred to.Boyle Engineering for inte- gration into the 208 Study and for any further recommendations. 2. A report was presented from the Traffic Affairs Committee requesting to cul -de -sac Bayside Drive. Letters were presented from Robert J. Milliken and Richard C. Bradford opposing the closing of Bayside Drive. Action was postponed until December 8. 3. A report was presented from the Marine Department regarding an application by John Broughton to revise an existing structure over tidelands, under Harbor Permit #256 -504, located at 504 S. Bay Front. At the request of the applicant, action was post- poned until November 24. 4. A report was presented from the Bicycle Trails Citizens Advisory Committee regarding editorial in the Daily .Pilot on October 30, 1980, entitled "Bike Hazard.Growing." The Bicycle Trails Citizens Advisory Committee was authorized to submit to the City Council a sug- gested response to the October 30 editorial. Volume 34 - Page 275 CAC 24 CAC (24) Upper Bay (51) Traffic Bayside Dr (85) Harbor Permit (51) Bike Hazard (62) Motion Is Ayes • x • IIIIIIII CITY OF NEWPORT BEACH MINUTES November 10, 1980 INDEX H. CONSENT CALENDAR: The following actions were taken as indicated except for those items removed: 1. ORDINANCES FOR INTRODUCTION - None. 2. RESOLUTIONS FOR ADOPTION: (a) Removed from the Consent Calendar. (b) Resolution No. 9917 awarding a contract to St /Resurf Sully- Miller Contracting Company for the Phase I Street Resurfacing and Reconstruction Program, R -9917 1980 -81 (Phase I) - C -2206 (Balboa Boulevard: C -2206 23rd Street to 32nd Street). (Report from the (38) Public Works Department) (c) Resolution No. 9918 requiring all vehicles to Traffic stop at the intersection of Cliff Drive and Sign Riverside Avenue. (Report from the Traffic R -9918 . Affairs Committee) (81) (d) Resolution No. 9919 requesting financial Lifeguard assistance from the County of Orange for Fin /Asst fiscal year 1980 -81 to help offset City costs R -9919 of lifeguard services for County residents (51) using City beaches. (Report from the Marine Director) 3. COMMUNICATIONS - For referral as indicated: (a) Removed from the Consent Calendar. 4. COMMUNICATIONS - For referral to the City Clerk fox inclusion in the records: (a) A copy of a letter to Chief Gross from the P.T.A. Newport Heights Elementary School expressing thanks to the Police Department in promoting their Bicycle Safety Rodeo on ' September 26, 1980. (Attached) (b) A letter from John W. Darby regarding Cali - fornia's housing situation growing more critical and his concern for local autonomy gradually giving way to State - mandated poli- cies on housing. (Attached) (c) A letter from the South Coast Regional Coasts Commission regarding a forum for consideratio of a resolution to oppose the housing policies of the California Coastal Commission. (Attached) (d) Minutes of the Friends of Oasis Board Meeting of October 20, 1980. (Attached) Volume 34 - Page 276 • • CITY OF NEWPORT BEACH 5. 6. 7. B 1980 MINUTES (e) Minutes of the Local Agency Formation Commis- sion of Orange County, dated October 8, 1980. (Attached) (f) Minutes of the Orange County League of Cali- fornia Cities meeting of October 9, 1980. (Attached) (g) Agenda of the Orange County Board of Super- visors meetings of October 28, 29 and November 4 and 5, 1980. (h) A copy of a letter from Newport Harbor -Costa Mesa Board of Realtors to Timothy Strader, Koll Company EXecutive Vice-President, support- ing his positive approach to solving the problems at Orange County Airport. (Attached) CLAIMS FOR DAMAGES •• For denial and confirmation of (36) the City Clerk's referral to the insurance carrier: (a) Claim of Charles Ryan for property damage Ryan sustained on August 20, 1980 when his car was allegedly involved in an automobile accident with a City vehicle at Newport Center Drive and Coast Highway. (b) Claim of Ninfa Jarvis O'Brien for property O'Brien damage to carpets when the main sewer line allegedly backed up causing flooding to her apartment at 132 -46th Street on August 23, 1980. (c) Claim of Cathleen J. Cowan for personal Cowan injuries allegedly sustained when she was falsely arrested and detained on September 9, 1980, at 869 W. 15th Street, Newport Beach. SUMMONS AND COMPLAINTS - For confirmation of the City Clerk's referral to the insurance carrier: (a) Summons and Complaint of Steve Van Dorn for Van Dorn Subrogation for Damages to personal property, Case No. 33199 in the Municipal Court of the Harbor Judicial District, County of Orange. (b) Summons and Complaint of Gary Fakhoury for Fakhoury personal injuries allegedly sustained when he struck a submerged sand bar while swimming . at the 48th Street beach, June 12, 1979. REQUEST TO FILL PERSONNEL VACANCIES - For approval: (66) (A report from the City Manager) (a) One Police Officer, Police Services Department, to fill a vacant position. (b) One Survey Instrument Man, Public Works Depart- ment, to fill a vacant position. • I I I I I I I Volume 34 - Page 277 • u • CITY OF NEWPORT BEACH. November 30, 1980 8 MINUTES (c) One Utilities Serviceworker, Utility Depart- ment, to fill a vacant position. (d) One Groundsman- Gardner II, Parks Division, to fill a vacant position. (e) One Personnel Clerk, Personnel Office, to fill a vacant position. STAFF AND COMMISSION REPORTS; For Council information and approval - (a) A report from the Planning Department with response to Orange County Sanitation District #5 regarding the Draft EIR - Sewerage Improve- ments Big Canyon Drainage Area. (Attached) (b) Removed from the Consent Calendar. (c) Removed from the Consent Calendar. (d) Removed from the Consent Calendar. (e) Removed from the Consent Calendar. For Council information and filing - (f) Report from the City Manager concerning claims against the City. (Attached) 9. EXPENSE ACCOUNT - Approval of Councilman Maurer's expense account in the amount of $261.76 for atten- dance at the League of California Cities Los Angelei Conference, October 1.9 - 21, 1980. 10. EXPENSE ACCOUNT - Approval of Mayor Pro Tem Hart's expense account in the amount of $118.26 for atten- dance at the League of California Cities Los Angelee Conference, October 1.9 - 21, 1980. 11. BUDGET AMENDMENTS - For approval; BA- 037,$13,000.00 increase Revenue Estimates for reserve of Pacific Mutual contributions toward Jamboree Noise Wall, Contribution Fund. BA -038, $8,155.00 transfer Budget Appropriations from Unappropriated Contingency Reserve to Person- nel, Finance, Police - Administrative - Office Equip- ment, General Fund. Volume 34 - Page 278 Swr /Impv Big Canyon (79) (36) C /Cncl (33) C /Cncl (33) (25) CITY OF NEWPORT BEACH C UNCIL 9 5�; MINUTES ROLL CALL vv's November 10, 1980 INDEX I. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Reports from the City Manager and the Traffic Prkg /Restr • Affairs Committee regarding authorization for (64) permitted parking between the hours of 8:00 a.m. and 8:00 p.m. in the alley located between Belvue Lane and L Street, were presented. Motion x Resolution No. 9920 was adopted authorizing permit- R -9920 All Ayes ted parking between the hours of 8:00 a.m. and 8:00 p.m. in the alley located between Belvue Lane and L Street. Staff was directed to adequately pos and enforce the provisions of Resolution No. 9920. 2. Letters from Gordon H. Glass were presented Prkg /Restr regarding the City's zoning ordinance on Zone Amend parking affecting his clients. (85) Motion x Staff was directed to respond to Gordon Glass All Ayes and that his letters be referred to the Planning Commission for review. 3. Draft letters prepared by the Planning Department were presented for Council information and approval as follows: (a) City's position on the Irvine Coastal Planning Unit; (b) City's position on the zoning regula- tions for the Irvine Coastal Planning Unit; (c) City's position on the Draft EIR /Irvine • Coastal Planning Unit; and (d) The Local Coastal Program /Irvine Coastal Planning Unit. Motion x Mayor Heather, Mayor Pro Tem Hart and Councilman All Ayes Cox will meet with staff and The Irvine Company for further review, and action was postponed to November 24. J. ADDITIONAL BUSINESS: Motion x 1. The City Attorney was authorized to proceed and OC /Airport All Ayes enter the City as a party to the lawsuit against (58) Hughes Airwest (Republic Airlines) v. County of Orange, and authorized $25,000 in employing outside assistance in preparing the City's case. Motion x 2. Resolution No. 9921 was adopted authorizing the Annx /Oxbow Ayes x x x x x x City of Newport Beach to apply to the Local Agency R -9921 Noes x Formation Commission (LAFCO) of Orange County for (21) authorization to annex to the City certain uninhab- ited territory contiguous to the City of Newport Beach and known as "The Oxbow" (Annexation No. 88). Volume 34 - Page 279 • CITY OF NEWPORT BEACH C UNCIL y�9 MINUTES ROLL CALL G J+� ?1 November 10, 1980 INDEX Motion x 3. Proposal to consider raising the bed tax for the Finance All Ayes City will be scheduled for future Study Session. (40) 4. Allan Beek addressed the Council suggesting that CAC the City Clerk send each of the Citizens Advisory (24) Committees' Liaisons a letter noting the expira- tion of members terms as of December 31. The City Clerk will notify the Citizens Advisory Committees of the "sunsetting" provision. Mayor Heather adjourned the meeting at 1:37 a.m., November 11, 1980. kayo ATTEST" yd City Clerk Volume 34 - Page 280