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
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Volume 35 - Page 346
C UNCIL ME 8 RS
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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
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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.
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Volume 35 - Page 348
C UNCIL ME B RS
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ROLL CALL
CITY OF NEWPORT BEACH
December 14, 1981
MINUTES
,ft�.
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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
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CITY OF NEWPORT REACH
C UNCiI ME B RS MINUTES
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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
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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
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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
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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
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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..
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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
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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
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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
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ROLL CALL` N� �
Motion
All Ayes
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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.
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ATTEST:
City Clerk
Volume 35 - Page 362
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