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HomeMy WebLinkAbout12/14/1981 - Regular MeetingCITY OF NEWPORT BEACH C UNCIL ME B R$ REGULAR 'COUNCIL 14EETING MINUTES S A PLACE: Council Chambers yG'%r,�����Ay��� TIME: 7:30 P.M. DATE: December 14, 1981 ROLL CALL` s'o - 1MUCA Present x x x x x x x A. ROLL CALL. Motion x B. The reading of the Minutes of the Meeting of Ayes x x x x x x November 23, 1981, was waived, approved as written Abb in x and ordered filed. Motion x C. The reading of all ordinances and resolutions All Ayes under consideration was waived, and the City Clerk was directed to read by.titles only. At the request of the Mayor, and there being no objec- tions'from the Council, the following item was considered at this time: J. CURRENT BUSINESS: 6. A report from the Planning Department was presented Mobile Home regarding the introduction and public hearing Pk /Zoning scheduling of proposed Ordinance No. 1894, being, 0 -1894 (94) AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH.MUNI- CIPAL CODE ESTABLISHING A MOBILE HOME PARK DISTRICT, PLANNING COMMISSION AMENDMENT No. 567, a request P/C 567 initiated by the City of Newport Beach to consider an amendment to Title 20 of the Newport Beach.Muni- cipal Code to establish a Mobile Home Park District. A letter from Rene Smith registering her concern about mobile home park zoning, was presented. MoTion x Ordinance No. 1894 introduced, and set for public All Ayes hearing on January 11; 1982. D. HEARINGS: 1. Mayor Heather opened the continued public hearing GPA 81 -1 regarding GENERAL PLAN AMENDMENT 81 -1, a request Banning - initiated by the City of Newport Beach to amend the Npt Ranch Newport Beach General Plan for the Banning - Newport (45) Ranch Planned Community, and the acceptance of an Environmental Document. Property located northerly . of West Coast Highway and approximately 360 ft. westerly of Superior Avenue in the West Newport area; AND AMENDMENT NO. 1 TO THE LOCAL COASTAL PROGRAM, a Amnd 1/ request initiated by the City of Newport Beach, to LCP amend the.Land Use Plan and the adoption of an Implementing Ordinance for the Newport Beach Local Coastal Program; AND AMENDMENT NO. 561, a request initiated by BEECO, Amnd 561 Ltd., Newport Beach, and the Newport -Mesa Unified BEECO, Ltd/ Npt -Mesa SD • Volume 35 - Page 346 C UNCIL ME 8 RS R01 I \rAl s� CITY OF NEWPORT BEACH December 14, 1981 MINUTES School District, to establish a Planned Community Development Plan and Development Standards for the Banning - Newport Ranch Planned Community; • AND TRAFFIC STUDY, initiated by BEECO, Ltd., Newport Tfc Study Beach, and the Newport -Mesa Unified School District, to consider a.Traffi.cStudy for the Banning - Newport Ranch Planned Community. A report was presented from the Planning Department. The following persons addressed the Council: Diane Pattison, 1235 Santiago Drive, stated that she had four children who attend schools in the Newport -Mesa Unified School District, and that she felt the plan provides a unique opportunity to augment the general fund and use the money for day -to -day operation of the schools. She felt the plan also provided needed housing, as well as other benefits to the City. Barbara Cope, 16 Kialoa Court, spoke in support of the West Newport Legislative Alliance's request to place a neighborhood park at 15th Street in Newport Crest. She stated she felt this particular park site would serve the residents better than the park site (CALTRANS WEST) recommended by the Parks, Beaches and Recreation Commission, and would buffer and • reduce density impacts. Don Jones, 405 Seville Avenue, Balboa Peninsu- la, spoke in favor of the proposal, stating he felt the West Newport Legislative Alliance's plan was not economically viable. Terry Watt, Environmental Planning Consultant, representing the West Newport Legislative Alliance, distributed copies of.a report she had prepared entitled "Jobs vs. Housing." She highlighted some of the findings, as enumerat- ed in the report, and answered questions of the Council. Roger Hageman, #7 Goodwill Court, suggested the developer review the proposal and come up with an innovative residential plan. Les Antman, 175 S. Rio Vista, Anaheim, spoke in support of the proposed plan as presented. Chris Hansen, 22 Encore Court, displayed slides of buildings containing large quanta -. ties of square footage in an effort to indi -. Cate the size of square footage (730,000) under consideration. He stated he felt the property lends itself to housing more than • commercial. Volume 35 - Page 347 CITY OF NEWPORT BEACH C UNCIL ME 8 RS MINUTES \CALL<<\ ROLL .nom December 14, 1981 INDEX Ron Kennedy, 550 Hazel Drive, Member of the GPA 81 -1 Environmental Quality Citizens Advisory Com- mittee, expressed his concerns with respect to the Semeniuk Slough flushing problem, drainage • from the proposed project into Semeniuk Slough, and its effect on endangered species. Mike Johnson, 220.Nice Lane, also spoke on the drainage problem in the Semeniuk Slough area. He stated he felt the matter should be looked into if the City intends to meet the need for parks. Margot Skilling, 6610 W. Ocean Front, stated she was also concerned with the drainage and siltation problem in the area, as well as the proposed road alignment of Bluff Road. Louise Greeley, Chairperson for West Newport 1 Legislative Alliance, 201 Intrepid Street, expressed her concerns regarding proposed density. Rodger Hageman, #7 Goodwill Court, addressed the Council again, regarding density. Don Borthwick, 205 Canal Street, urged the Council to consider the drainage problem in Semeniuk Slough area. Fred Sawyer, Consultant for the City on this project, stated it was his understanding that • any changes made relative to drainage would be made at a later date. It was noted by staff that a master plan of drainage would be prepared for the entire 75 acres at the tract map stage. Following discussion, staff was directed to report back on January 25, with additional information regarding: 1) Semeniuk Slough drainage; 2) Extension of Bluff Road; 3) Time schedule for construction.; 4)' Definitive guidelines for park site, as well as time schedule, and why 15th Street and Semeniuk Slough sites were rejected; 5) Residential housing issue -- affordable price ranges; 6) Phasing of proposed traffic improve- ' ments and summary of priority; and 7) Traffic impact on City of Costa Mesa. • Volume 35 - Page 348 C UNCIL ME B RS s ROLL CALL CITY OF NEWPORT BEACH December 14, 1981 MINUTES ,ft�. - I IYUCA Motion x Continued public hearing to January 25, 1982; staff All Ayes to report at that time on items listed in the foregoing. 2. Mayor Heather opened the public hearing and City U/P 2038 • Council review of an APPEAL BY NEWPORT HARBOR (88) ENTERPRISES, Newport Beach, from the decision of the Planning Commission on November 5; 1981, condi- tionally approving USE PERMIT NO. 2038, a request to permit the construction of an office condominium development which exceeds 5,000 sq. ft. of floor area in a Specific Plan Area, where a Specific Plan has not been adopted, and the acceptance of an Environmental Document. Property being a portion of an- abandoned street located at 469 and 471 North Newport Boulevard, on the westerly side of North Newport Boulevard between Bolas Avenue in the Old Newport Boulevard area; zoned C -1. A report was presented from the Planning Department. James M. Parker, Attorney representing the Appli- cant, 1201 Dove Street, addressed the Council and stated that the project meets all City code require ments, and that he felt it would be inequitable and wrong to deny,the appeal. He displayed drawings and renderings of the development. Motion x Granted Mr. Parker an additional three minutes for All Ayes his presentation. In conclusion, Mr. Parker stated that the project is a comparatively low traffic generator, meets all • parking requirements, and would be low in density as far as occupancy. He felt the development would be an asset to the area, as well as to the City. Don Reddington, 1330 Hampshire Circle, co- applicant, stated that they were not requesting any type of waiver of City standards or modifications, only proposing to develop a project with one -half the density allowed for the area. He felt the struc- ture would compliment the area and urged the Coun- cil to look favorably upon the project. Sidney Soffer, 900 Arbor, Costa Mesa, owner of property two doors north of subject property, spoke in support of the development indicating he felt it would improve the area. Pat Strang, 351 Catalina Avenue, representing Newport Heights Homeowners Association, stated that they were supportive of the findings of the Plan- ning Commission and the project as approved by said Commission. They would like to see a Specific Plan Area adopted for the area. They are also concerned with the traffic and density in the area. Volume 35 - Page 349 • CITY OF NEWPORT REACH C UNCiI ME B RS MINUTES y 9 �G yG�� y�yA Sy9 ROLL CALLS Gny 9 December 14. 1981 . nry Craig Hampton, co -owner of R & R Concepts, designer of the building, appeared in support of the project. He felt the structure was aesthetically pleasing, particularly since the parking was not visible from the street. • Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to overrule the decision of the Planning Commission and grant the appeal, subject to the findings and conditions as recommended, and to accept the Negative Declaration. Motion x Motion was amended to include that the Disclosure Statement (Item (c)), be 'revised to read: "The City of Newport Beach is continuing to oppose additional commercial area service expansions at John Wayne Airport." All Ayes The motion as amended was voted on and carried. 3. Mayor Heather opened the public hearing and City U/P 2039 Council review of an APPEAL BY LAGUNA PACIFIC, LAKE (gg) FOREST, from the decision of the Planning Commis - sion on November 19, 1981, conditionally approving USE PERMIT NO. 2039, a request to permit the.con- struction of a two -unit residential condominium development and related garage spaces in the R -4 District. The proposal also requests the approval of two architectural spires that exceed the per- witted height limit. Property located at 1716 West Ocean Front, on the northerly side of West Ocean Front between 17th Street and 18th Street on the Balboa Peninsula. A report was presented from the Planning Department The City Clerk reported that after the printing of the agenda, a letter was received from Laguna Pacific.Financial Corporation in support of the appeal. The Acting City Attorney distributed copies of a report he had prepared after the printing of the agenda regarding proposed findings to be made, if the Council sustains the action of the Planning Commission with respect to Use Permit No. 2039. Sam Rowe, President of Laguna Pacific Financial Corporation, addressed the.Council stating their project will be of less density than is allowable, and does comply with all existing City code require- ments. He felt the proposed structure was attrac- tive and urged the Council to grant their appeal. Saul Pinto, Attorney representing the Applicant, 4590 MacArthur Boulevard, addressed the 'Council in support of the appeal, noting they would be provid- ing more parking than required. He requested the Council reverse the decision of the Planning Commis sion and allow the project. Volume 35 - Page 350 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES ROLL CALL< �� p December 14, 1981 INDEX Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to sustain the decision of the Plan- ning Commission and deny the appeal. AyFs x x x The motion FAILED. Noes x x x x Motion x Motion was made to overrule the decision of the Ayes x x x x Planning Commission and grant the appeal, subject Noes x x x to the findings noted as "Exhibit A," of the staff report. There bein no ob'ections from the Council, the P Planning Zas instructed to study the zoning of R -3 and R -4 lots on Balboa Peninsula, and report to the Council at a future study session. E. PUBLIC COMMENTS: 1. George Baker, 434 N. Newport Boulevard, representing U/P 1952 Robert E. Williams, 438 N. Newport Boulevard, ad- (88) dressed the Council regarding Mr. Williams' letter, which was on the November 23, 1981 agenda and _ referred to the Building Department for reply. He stated that Mr. Williams has a.problem with surface water drainage and would like to have a hearing before the City Council. The City Manager advised that the staff had in- spected the alleged.problem several times, and will certify to the effect that construction was done • pursuant to accepted plans and specifications. The staff is very aware of the issue and feels it is a civil action between Mr. Williams and his neighbor. Following comments by the Council, this item was scheduled for the January 11 study session. 2. David Dill, 704 Acacia Avenue, Corona del Mar, Npt -Mesa SD/ addressed the Council regarding Neport -Mesa School USC District's approval to lease Corona del Mar Elemen- (76) tary School to the University of Southern California. He urged the Council to take immediate action to stop further development of the use until property owners in the immediate area are made aware of the specific nature of the use. Jim Masse,,representing the University of Southern California, addressed the Council and summarized USC's plans for use of Corona del Mar Elementary School. Their projected use is primarily during the evenings. However, three other schools are interested in conducting courses at the site, which . are the Schools of Public Administration, Engineer- ing, and Continuing Education. These are intensive courses and run a full day, three days a week. The plan to spend approximately $200,000 in refurbish- ing the buildings, and will comply with all code requirements. • Volume 35 - Page 351 CITY OF NEWPORT BEACH C UNCIL s RS MINUTES ROLL C B necember 14. 1981 .,.,r . F. CONSENT CALENDAR: Motion x The following actions were taken as indicated except for All Ayes those items removed. • 1. ORDINANCES FOR INTRODUCTION: For introduction and set for public hearing on January 11, 1982: (a) Proposed Ordinance No. 1895, being, Zone Amnd 0 -1895 AN ORDINANCE OF THE CITY OF NEWPORT BEACH (94) AMENDING CHAPTER 20.62 OF THE NEWPORT BEACH MUNICIPAL CODE AS IT PERTAINS TO PERMITTING RESIDENTIAL USES IN THE MARINERS MILE SPECIFIC PLAN DISTRICT AND THE ACCEPTANCE OF AN ENVIRONMENTAL DOCU- MENT. (A report from the Planning Department) PLANNING COMMISSION AMENDMENT N0. 569, a request P/C 569 initiated by the City of Newport Beach to consider an amendment to Chapter 20.62 of the Newport Beach Municipal Code as it pertains to permitting resi- dential uses in the Mariners Mile Specific Plan District (SP -5), and the acceptance of an Environ- mental Document. For introduction and pass to second reading on January 11, 1982: (b) Proposed Ordinance No. 1896, being, 0- Bus 189L c /Reg • Massage Prlr AN ORDINANCE OF THE CITY OF NEWPORT BEACH (27) AMENDING CHAPTER 5.50 SECTIONS .052 and .054 OF THE NEWPORT BEACH MUNICIPAL CODE BY EXCLUD- ING THE WORDS "OR BY CITY COUNCIL APPROVAL" PERTAINING TO POSTING ON PUBLIC PROPERTY. (A report from the Acting City Attorney) (c) Proposed Ordinance No. 1897, being, 0 -1897 Pkg Permits AN ORDINANCE OF THE CITY OF NEWPORT (63) BEACH AMENDING CHAPTER 12.68.040 OF THE NEWPORT BEACH MUNICIPAL CODE TO PERMIT RESIDENTS OF NEWPORT ISLAND TO USE THEIR 1981 PARKING PERMITS FOR THE YEAR 1982 AT NO ADDITIONAL COST. (A report-from the Traffic Affairs Committee) (d) Proposed Ordinance No. 1898, being, 0 -1898 Bus Lic /Reg AN ORDINANCE OF THE CITY OF NEWPORT Alarm Sys BEACH AMENDING PORTIONS OF SECTION 5.49 (27) OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO BURGLARY, ROBBERY & FIRE ALARM SYSTEMS. (A report from the City Attorney's office) • Volume 35 - Page 352 CITY OF NEWPORT BEACH COUNCIL ME RS MINUTES ROLL CALL` �n A December 14, 1981 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 11092 accepting an Off -Site O/S Pkg Agm Parking Agreement with Pacesetter Homes, Inc. Pacesetter for off - street parking spaces in conjunction Homes, Inc. • with the construction of a three- story.office R -11092 building located at 4000 Campus Drive, Newport C -2308 Beach (Resubdivision No. 679). (A report from (38) the Planning Department) (b) Resolution No. 11093 authorizing the Mayor and Oil. Well City Clerk to execute an oil Well Blanket Bond Blanket Bnd in connection with Oil Well Drilling in New- R -11093 port Beach Wells lit through #16 located in the C -2314 Banning Oil Field. (A report from the City (38) Manager) (c) Resolution No. 11094 establishing Uniform Un /Pers Plcy Personnel Policies for City Employees and (66) 4 -11094 rescinding Resolution No. 8875. (A report from the City Manager) I (d) Resolution No. 11095 declaring the results of Elections the Special Election held in the City of R- 11095 Newport Beach on November 3, 1981. (39) (e) Resolution No. 11096 determining and estab- Finance /St lishing an Appropriations Limit for the Fiscal CA Rvnu /Txtn Year 1981 -82 in accordance with Article XIII -B R -11096 of the Constitution of the State of California (40) and Revenue and Taxation Code Section 7910. (A report from the Finance Director w /resolu- tion) • (f) Removed from the Consent Calendar. (g) Resolution No. 11098 authorizing the Mayor and CALTRANS/ City Clerk to execute a Cooperative Agreement Npt Chn1 Bdg with CALTRANS for the construction of a con- R -11098 crete stairway at the Northwest corner of the C -2310 Newport Channel Bridge. (A report from Public (38) Works Department) (h) Removed from the Consent Calendar. (i) Resolution No. 11100 appointing Michael H. Personnel/ Miller as City Attorney for the City of Cty Any Newport Beach. R -11100 (66) (j) Removed from the Consent Calendar. 3. COMMUNICATIONS - For referral as indicated: (a) To Parks, Beaches and Recreation Commission CALTRANS/ for reply, letter from West Newport Legisla- West tive Alliance regarding establishing subcom- (62) mittee regarding CALTRANS WEST property. Volume 35 - Page 353 • CITY OF NEWPORT BEACH COUNCIL MEMB RS MINUTES tiG ROLL CALLS SiP December 14, 1981 INDEX (b) To the Planning, Commission for inclusion in P/C the records and reply by staff, letter from (67) Audrey C. Ramsk.ow opposing on =sale beer and _ wine permit for the "Bun N° Barrel. ". • (c) To the Police Department for reply, letter Police Dpt from Barbara Hales, resident of Irvine, (70) regarding animal leash citation. (d) To the Police Department for reply, letter Police Dpt from Waldemar W. Schoewe regarding Dory (70) Fishermen. (e) Removed from the Consent Calendar. (f) Removed from the Consent Calendar. 4. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) South Coast Air Quality Management District report, "Control of Emissions During Excava- tion of Hazardous Waste Sites." .(b) Minutes of Local Agency Formation Commission of Orange County for November 12, 1981. (c) Minutes from Friends of Oasis Board Meeting of October 19, and November 16, 1981. (d) Applications from Southern California Edison Company before the California Public Utilities • Commission: 1) No, 61035 to authorize rates pursuant to its Load Management Adjustment Clause (CLMAC). 2) No. 61066 to authorize implementing a Residential Conservation Financing Pro- gram with 'Zero Interest Financing (ZIP) and Cash Incentive Payments (CIP). 3) No. 610.67 to authorize increasing rates to recover the 1982 Incremental Expenses of its Residential Conservation Service (RCS) Program through its Conservation Load Management Adjustment Clause. (e) Application No. 61081 before the Public Utilities Commission from Southern California Gas Company for authority to increase rates charged for Gas Service based on Test year 1983; Attrition Allowance for 1984; Reward for Conservation Achievements included in rates; and Rate Base as Plant Held for Future Use the expenditures associated with Major Gas Supply Project. Volume 35 - Page 354 • CITY OF NEWPORT REACH C UNCIL ME B RS MINUTES \CAL\XROLL cn� 9 December 14, 1981 iwncv 5. CLAIMS FOR DAMAGES: - For denial and confirmation (36) of the City Clerk's referral,to the claims adjuster: (a) Brian Evans for personal injuries sustained on Evans October 4, 1981 when claimant struck traffic control sign allegedly installed in traveled portion of Bicycle Path. (b) Son Dinh Ha for property damage sustained on Ha November 30, 1981, alleging City truck backed into his parked vehicle. (c) Southern California Edison Company for property So. Calif damage sustained on August 27, 1981, alleging Edison contractor doing work for City damaged con- crete underground vault. (d) Anne Weber for personal injuries sustained on Weber August 18, 1981, . alleging construction in roadway was cause of traffic accident. For rejection - not timely filed: (e) Barbara Hooker for property damage sustained Hooker July 15, 1981, alleging main sewer line clogged due to City tree roots. (f) Robert J. Dunn for property damage sustained Dunn on July 15, 1980, alleging damage to his van by City refuse truck. (g) Lucinda Julia Nava alleging false arrest and Nava physical abuse by City police officers on August 20, 1981. 6. SUMMONS AND COMPLAINTS - None, 7. REQUEST TO FILL PERSONNEL VACANCIES - For approval: (66) (A report from the City Manager) (a) One Police Captain, Police Department. (b) One Police Officer, Police Department. (c) One Laborer, General Services Department. (d) One Cement Finisher, General Services Depart- ment. (e) One Librarian I, Technical Services Division, Library Department. 8. STAFF AND COMMISSION REPORTS: For Council information and approval: (a) Follow -up report from the Marine Department Live Bait regarding AVAILABILITY OF LIVE BAIT FOR SPORT (51) .FISHERMEN. For Council Information: • (b) Report from the Building Director concerning United Way 1982 UNITED WAY CAMPAIGN FOR CITY EMPLOYEES. Empl /Cmpgn (66) Volume 35 - Page 355 �.: ;t C CIL ME B RS MINUTES \UN s trn� A Pa ramhar 14 _ 1981 I AIACY (c) Report from the Acting City Attorney regarding 0/C Prosetn PROSECUTION SERVICES BY ORANGE COUNTY DISTRICT Services ATTORNEY'S OFFICE. (54) (d) Report from Parks, Beaches and Recreation PB &R Com Director regarding GOALS AND OBJECTIVES FOR (62) PARKS, BEACHES AND RECREATION COMMISSION. 9. PUBLIC HEARING SCHEDULING: (Refer to Agenda Items F-1(a); F -2(f) and J -6) 10. 35TH STREET END REPLACEMENT NEAR MARCUS AVENUE 35th St End (C -2283) - Approve the plans and specifications; Rplcm and authorize the City Clerk to advertise for bids C -2283 to be opened at 11:00 A.M.; on January 5, 1982. (A (38) report from the Public Works Department) 11. BUDGET AMENDMENTS - For approval: (25) (a) BA -055, $72,000.00 Transfer of Budget Appro- priations for acquisition of 203 -34th Street; State Gas Tax (Section 2107) fund. (See report with Agenda'Item F -2(h)) G. ITEMS REMOVED FROM THE CONSENT CALENDAR: Motion x 1. Deferred the following items to the January 25, Zone Amnd All Ayes 1982 study session, and instructed staff to inves- (94) tigate and report back on City of Westminster's Ordinance regarding Mobile Home Mutual Fair Rental Accord, and its status in the courts at the present • time: De Anza Bysd Letters from De Anza Bayside Village Homeown- Mobile Home ers Association regarding Mobile Home Park Park rent agreement, and Mutual Aid agreement. 2. Proposed resolution requesting the County of Orange AHFP/ to include Jamboree Road and Improvements (Westerly Jamboree Rd from Ford Road to Eastbluff Drive North) in the C -2309 Fiscal Year 1982 -83 Arterial Highway Financing (38) Program and setting a Public Hearing for the acceptance of an Environmental Impact Report thereon, was presented with a report from the Public'Works Department. Motion x Following comments by Council Member Hummel, motion Ayes x was made to not adopt subject resolution until Noes x x x x x after the public hearing, which motion FAILED. Abstain x Motion' x Adopted Resolution No. 11097, requesting the County R -11097 Ayes x x x x x of Orange to include Jamboree Road and Improvements Noes x x (Westerly from Ford Road to Eastbluff Drive North) in the Fiscal Year 1982 -83 Arterial Highway Financ- ing Program and setting a Public Hearing for the acceptance of an Environmental Impact Report thereon. • Volume 35 - 356 C UNCIL MEIIAB RS MINUTES ROLL CALL` �� December 14, 1981 INDEX 3. Proposed resolution authorizing the Mayor and City Commercial Clerk to execute an Agreement between the City of Maintenance Newport Beach and Reliable Maintenance for Janitor- C -2311 ial Services at City Hall, City Yard Complex, Plan- (38) ning and Building Departments and City Council Chambers, was presented with a report from ,the City Manager. The City Manager advised that earlier in the day the City had been notified that Reliable Mainte- nance had miscalculated their bid, and because of the error, their total proposal would now be $3,010.00. Therefore, the low proposal would be Commercial Maintenance Systems in the amount of $2,852.00. Motion x Adopted Resolution No. 11101 authorizing the Mayor R -11101 All Ayes and City Clerk to execute an Agreement between the City of Newport Beach with Commercial Maintenance Systems for Janitorial Services at City Hall, City Yard Complex, Planning and Building Departments and City Council Chambers. 4. Proposed resolution authorizing the acquisition of Acq. Property property at 203 -34th Street and accepting a grant (73) deed from the owner, was presented with a report from Public Works Department. Charles Hunt, Attorney representing the property owner, 620 Newport Center Drive, addressed the Council and requested he be furnished a certified copy of the subject resolution as soon as possible. • The Director of Public Works indicated this would not be a problem, and suggested Mr. Hunt contact his office tomorrow. Motion x Adopted Resolution No. 11099 authorizing the R -11099 All Ayes acquisition of property at 203 -34th Street and accepting a Grant Deed from the owner. H. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1893, being, Bus Lie /Regs Massage Prlrs AN ORDINANCE OF THE CITY OF NEWPORT BEACH (27) AMENDING CERTAIN PORTIONS OF CHAPTER 5.50 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO MASSAGE PARLORS, was presented for adoption. A report dated November 23, 1981, was presented from the City Attorney. Motion x Adopted Ordinance No. 1893. 0 -1893 All Ayes Volume 35 - Page 357 CITY OF NEWPORT BEACH C UNCIL ME; B RS MINUTES G ti s ROLL CALL` �n� 9 December 14, 1981 INDEX I. CONTINUED BUSINESS: 1. A report from the Public Works Department dated Ballard October 26, 1981, was presented regarding ENCROACH- Encroachm • MENT PERMIT FOR DAVID BALLARD at 5520 River. Avenue. (65) Motion x Following comments by Council Member Plummer, Ayes x x x x x x motion was made to allow a compromise of an en- Abstain x croachment of three feet into the public right -of- way to build a slumpstone fence and to construct a public sidewalk; encroachment to be the length of the existing old wooden fence. J. CURRENT BUSINESS: 1. Report from the Planning Department regarding a CPA 81 -3 request of MARRIOTT CORPORATION concerning -a (45) PROPOSED GENERAL PLAN AMENDMENT for the expansion of the Marriott Hotel located in Newport Center, Newport Beach, was presented. The City Manager advised that at the Planning Com- mission meeting of December 10, a motion was made to recommend the subject request to the City Council. The motion failed on a 2 -to -2 vote result ing in no recommendation from the Planning Commis- sion. Discussion ensued relative to City Council Policy Q -1, which provides for citizen or property owner requests for General Plan Amendments, as set forth in the staff report.. • Michael Gering, 12 Corporate Plaza, representing Marriott Hotel, addressed the Council, stating they are not withdrawing from General Plan Amendment No. 80 -3, and the request before the Council (General Plan Amendment No. 81 -3) has no affect on General Plan Amendment No. 80 -3. So that they do not impact General Plan Amendment 80 -3, they do not want any public hearings before the City Council on General Plan Amendment 81 -3 until the resolution regarding the referendum issue has been resolved. In essence they are requesting the initiation of General Plan Amendment No. 81 -3, as well as all other work they are required to do, i.e., obtaining use permits, site plans, etc. They are not asking the Council to make any commitment to them now whatsoever. Jean Watt, 4 Harbor Island, representing SPON, queried Mr. Gering regarding the Marriott's inten- tions with respect to General Plan Amendment No. 81 -3, and its affect on GPA 80 -3. Motion x Deferred proposed amendment to.January 25, 1982; All Ayes Attorney to review Marriott Hotel request (General Plan Amendment No. 81 -3) and report back. Volume 35 - Page 358 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES s � G ROLL CALL sn 9 naramhar 1L 19R1 vncv 2.(a)Report from the Planning Department regarding Tr 11605 the FINAL MAP OF TRACT NO. 11605, a request of the J. M. PETERS COMPANY, INC., Newport Beach, to approve the subdivision of 10.086 acres into nine • numbered lots for :jingle- family residential pur- poses, one lettered lot (A) for private landscape purposes and one lettered lot (B) for private street purposes, on property located at the south- erly corner of Bison Avenue and MacArthur Boulevard in the Aeronutronic Ford Planned Community, zoned P -C; AND (b)Report from the Planning Department regarding the Tr 11377 FINAL MAP OF TRACT NO. 11377, a request of.the J. M. PETERS COMPANY, INC., Newport Beach, to approve the subdivision of 12.115 acres into two numbered lots for residential condominium purposes and one lot (A) for private street purposes; on property located at the southwesterly corner of Bison Avenue and Belcourt Drive North (private street) in the Aeronutronic Ford Planned Community; zoned P -C, were presented. Motion x Approved FINAL MAPS OF TRACTS NO. 11605 AND Ayes x x x x x x 11377, incorporating by reference the Findings and Noes x Conditions recommended by the Planning Commission; adopted Resolution No. 11102 (Tract 11605) and R -11102 Resolution No. 11103 (Tract 11377) approving R -11103 Agreements with the J. M. Peters Company, Incor- porated for construction of improvements; and authorized the City Clerk to release bonds pre- viously posted by Daon Corporation under the original Tract No. 11042. 3. APPOINTMENTS TO CITIZENS ADVISORY COMMITTEES for CAC one -year term expiring December 31, 1982. (24) Bicycle Trails Citizens Advisory Committee Motion x (District 1) Council Member Strauss' appointments All Ayes . deferred to January 11, 1982. Motion x (District 2) Council Member Plummer °s appointments All Ayes deferred to January 11, 1982. Motion x (District 3) Mayor Pro Tem Hart's reappointment of All Ayes Rob Patterson confirmed; remaining appointment de -. ferred to January 11, 1982. Motion X (District 4) Mayor Heather's reappointment of All Ayes George Hanlon confirmed; remaining appointment deferred to January 11, 1982. Motion x (District 5) Council Member Maurer °s reappointment All Ayes of Frances P. English confirmed; remaining appoint ment deferred to January 11, 1982. Motion x (District 6) Council Member Hummel °s appointments All Ayes deferred to January 11, 1982. Volume 35 - Page 359 C UNCIL ME B RS y ROLL CALL` N� � Motion All Ayes • Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes on A Ayes Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes MINUTES INDEX CAC (24) x x (District 7).Council Member Cox's reappointment of Peggy Smith, and appointment of Kathleen Freeman confirmed. Environmental Quality Citizens Advisory Committee (District 1) Council Member Strauss' appointments deferred to January 11, 1982. x (District 2) Council Member Plummer's appointments deferred to January 11, 1982. x (District 3) Mayor Pro Tem Hart's reappointment of Brion Jeannette confirmed; remaining appoint- ment deferred to January 11, 1982. x (District 4) Mayor Heather's reappointments of Lucy de Mocskonyi and Tom Thomson confirmed. x (District 5) Council Member Maurer's reappointment of Paula Godfrey, and appointment of Camille Courtney confirmed. - x (District 6) Council Member Hummel's reappointment of Judy Cooper, and Ron Kennedy confirmed. x (District 7) Council Member Cox's reappointment of Bernard Pegg confirmed; remaining appointment deferred to January 11, 1982. Litter Control Citizens Advisory Committee X (District 1) Council Member Strauss' appointments deferred to January 11, 1982. X (District 2) Council Member Plummer's appointments deferred to January 11, 1982. x (District 3) Mayor Pro Tem Hart's reappointments of James C. Person, Jr., and Betty Hogg confirmed. x (District 4) Mayor Heather's reappointment of LaVerne Schvarz, and appointment of Pat Eichen- hofer confirmed. x (District 5) Council Member.Maurer's reappointment of Jeanne Pitman confirmed; remaining appointment deferred to January 11, 1982. x (District 6) Council Member Hummel's appointment of Ida Williams confirmed; remaining appointment deferred to January 11, 1982. X (District 7) Council Member Cox's reappointment of Gordon Kilmer confirmed; remaining appointment deferred to January 11, 1982. Volume 35 - Page 360 INDEX CAC (24) CITY OF NEWPORT BEACH C UN IL ME B RS MINUTES ROLL CALLS Jt� December 14, 1981 Motion x Transportation Plan Citizens Advisory Committee INDEX (District 1) Council Member Strauss' appointments All Ayes deferred to January 11, 1982. � ( on x (District 2) Council Member Plummer's appointments Ayes deferred to January 11, 1982. Motion x (District 3) Mayor Pro Tem Hart's reappointments All Ayes of John S. Vallely, and Otto E. Schroeder con- firmed. Motion x (District 4) Mayor Heather's reappointments of All Ayes Bill Lusk and David Tosh confirmed. (District 5) Council Member Maurer's reappointment of Jerome Helperin confirmed; remaining appoint- ment deferred to January 11, 1982. Motion x (District 6) Council Member Hummel's appointment All Ayes of Doris B. Masters, and reappointment of Donald Dudzik confirmed. Motion x (District 7) Council Member Cox's reappointments All Ayes of George Spraging and Gordon Young confirmed. Technical Oil Advisory Committee Motion x George Guthrie's reappointment for 4 -year term All Ayes ending December 31, 1985, confirmed. 4. NOMINATIONS FOR PLANNING COMMISSIONER to fill the Boards /Comsn term of Hal Thomas, expiring on June 30, 1983. (24) on x Accepted the following nominations for appointment All Ayes on January 11, 1982: John Kurlander Richard Furtaw 5. Reports were presented from the Public Works Khaloghli and Building Departments regarding APPLICATION OF Driveway DR. KHOSRO KHALOGHLT for permits to grade and (80) construct private driveway in Cliff Drive Park. Motion x Denied application. All Ayes 6. Proposed Ordinance establishing MOBILE HOME PARK Mobile Home .Zoning: Park Zoning (Refer to Minute Page 346) 7. A report from the City Manager concerning the City Scholar- . ESTABLISHMENT OF A CITY SCHOLARSHIP PROGRAM, was ship Frog presented. (40) Council Member Strauss excused himself from partic ipating on this item, and stepped down from the podium. It was pointed out in the report that Council Member and Mrs. Donald A. Strauss propose to make a gift to the City of 350 shares of Beckman Instru ments, Inc. The purpose of this gift is to enable the City to set up a. scholarship program for dependents of City employees. Volume 35 - Page 361 CITY OF NEWPORT BEACH COUNCIL ME ®RS MINUTES \CAL\X\ G ROLL December 14, 1981 INOFX Currently, it is proposed that the City Council accept the gift and that the City sell the shares at the current market value. The capital funds received from the sale will then be invested by the • Finance Officer and the interest earned therefrom will be used to fund the scholarship program. Motion x Adopted Resolution No. 11104 establishing a City R -11104 Ayes x x x x x x Scholarship Program for children of employees of Absent x the City of Newport Beach. Accepted gift with gratitude and pleasure, and directed the City Clerk to forward a letter to Mr. and Mrs. Strauss to this effect. Council Member Strauss resumed his seat at this time. K. ADDITIONAL BUSINESS: Motion x 1. Scheduled public hearing for January 11, 1982 on All Ayes Use Permit No. 2045, and Resub No. 713 for Council review. Adjourned at 12:47 a.m. �� • � yor ATTEST: City Clerk Volume 35 - Page 362 •