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HomeMy WebLinkAbout02/22/1982 - Regular MeetingCITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers 9� TIME: 7:30 P.M. i S 9Gn'9 DATE: February 22, 1982 Present Ixlx M n A _ Ayes M n Ayes I • • x x x x x x x A. ROLL CALL. B. The reading of the MLnutes.of the Meeting of February 8, 1982, was waived, approved as written and ordered filed. C. The reading of all ordinances and resolutions 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 of the decision of the ,Planning Commission on January 21, 1982, approving USE PERMIT NO. 1908 (AMENDED), a request by CARMELO MANTO, LA STRADA RESTAURANT, Corona del Mar, to change the operational characteristics of an exist -. ing restaurant use to allow a daytime lunch opera- tion during the week where the existing use permit now permits the opening of the restaurant facility after 5:00 p.m., Monday through Friday. The appli- cation also includes a request to amend certain conditions of existing use permit to reduce the amount of required restaurant parking and to amend the existing off -site: parking agreement. Project located at 3520 East Coast Highway on the northerly side of East Coast Highway between Narcissus Avenue and Orchid Avenue in Corona del Mar; zoned C -1. Report from the Planning Department, was presented. The City Clerk advised that after printing of the agenda, two letters had been received in support of the request from the Corona del Mar Chamber of Commerce and the Business Property Association of Corona del Mar. It was noted that the City Council, at its meeting of February 8, 1982, continued the public hearing, and requested that the staff provide the Council with a copy of the August 7, 1979 letter from the U.S. Postal Service to Carmelo Manto, Applicant, relative to the parking lease between the post office and the Applicant. Judy Manto, wife of the Applicant, stated that they do not intend to displace or change the parking arrangement they now have with their neighbors. The La Strada Restaurant will continue to offer the use of its parking lot, as in the past, to its neighbors, including the post office for their use in the daytime hours when space is available. Regarding the post office /La Strada agreement, it is their feeling that. by continuing the policy of shared parking, they are still honoring their agree- ment. Volume '16 - Page 61 U/P 1908(A) (88) La Strada Res L • Motion All Ayes I Motion Al &yes • x X CITY OF NEWPORT BEACH MINUTES 22, 1982 Haskell Shapiro, lessee of office at 3500 E. Coast Highway at Narcissus, stated that the parking is at a premium at the noon hour in the subject area, and that many times he has had to park on the street, which is also difficult because of restricted park- ing. Hearing no others wishing to address the Council, the public hearing was closed. Sustained decision of: Planning Commission, including Off -Site approval of the findings and conditions as recom- Pkg Agm/ mended, and adopted Resolution No. 82 -24 authorizing Res 82 -24 the acceptance of an amended Off -Site Parking Agree- C -2227 ment with Carmelo Manto. (38) 2. Mayor Heather opened the public hearing and City U/P 2021 /Tfc Council review of the decision of the Planning Study Commission on January 21, 1982, approving USE Park Lido PERMIT NO. 2021 AND A TRAFFIC STUDY in connection (88) with a request of PARK LIDO, LTD., Santa Ana for the construction of a medical office building which exceeds the basic height limit in the 32/50 Height Limitation District and permits roof parking. Application also includes a modification to the Zoning Code so as to allow the use of compact car spaces for a portion of the project's required off- street parking spaces, and the acceptance of an Environmental Document. Project located at 351. Hospital Road on the northeasterly corner of Hospital Road and Placentia Avenue, opposite Hoag Memorial Hospital; zoned A -P. Report from the Planning Department, was presented. Letter from Cecil G. and Lois 0. Zaun in opposition to the request, was presented. Letter from Park Lido, Ltd., requesting withdrawal of Use Permit 2021, in order to further study alternate plans, was presented. Letter from Sharon Reed concerned about the in- creased traffic generated by proposed building in the Park Lido complex, was presented. The City Clerk reported that after printing of the agenda, a letter was received from James Dodge, Architect, responding to issues contained within the Circulation /Transportation section of the project. Dennis O'Neil, Attorney representing the Applicant, stated that on behalf of the Applicant, they wished to withdraw their request for a Use Permit, as well as, the Traffic Phasing Study at this time. Granted request to withdraw Use Permit No. 2021, and the Traffic Study in connection with the re- quest of Park Lido, Ltd. Volume 36 - Page 62 CITY OF NEWPORT BEACH C U ME B RS MINUTES s '0 ti� ti9 s� mem rA� i �� 4e7.�.. 77 IOA9 i4INCIV 3. Mayor Heather opened the public hearing and City U/P 1965(A) Council review of an appeal by JAMES M. PARKER, (88) • Newport Beach, from the decision of the Planning A.T. Leo's Commission on January 7, 1982, conditionally.approv ing USE PERMIT No. 1965 (AMENDED), a request by the • McMahon Partnership, Santa Ana, (A.T. LEO'S), to amend a previously approved use permit establishing a restaurant facility with on -sale alcoholic bever- ages so as to permit the expansion of said restau- rant facility permitting a new exterior deck for dining. Property located at 3901 East Coast High- way and Hazel Drive in Corona del Mar; zoned C -1 and R -1. Report from the Planning Department, was presented. The City Clerk reported that after the printing of the agenda, letters were received from the Business Property Association of Corona del Mar and the Corona del Mar Chamber of Commerce, in support of the request. In addition, letters were also received from Wally Ziglar and Michael Ray, resi- dents of Corona del Mar, urging Council support the decision of the Planning Commission. A letter was also received from Mr. and Mrs. David Carpenter, expressing their concerns should the restaurant remain in operation. James M. Parker, Attorney for the Applicant, stated that A.T. Leo's is specifically appealing Condition No. 3 relating to the parking ratio, and Condition No. 10 relating to the hours of operation. It was noted that Condition No. 3 requires one parking space on site for each 30 square feet of "net public area." Condition No. 10 requires that the restaurant close at midnight daily. Mr. Parker stated that they .felt Condition No. 3 was onerous and discriminatory, inasmuch as every other restaurant on Pacific Coast Highway in Newport Beach has a parking ratio requirement of one space for each 40 square-feet, and in fact, some restaurants have no parking requirements whatsoever. With respect to the hours of operation, Mr. Parker stated that they felt Condition No. 10 was a burdensome and discriminatory requirement. He stated that every restaurant with a bar in the City .of Newport Beach is allowed to remain open until 2:00 a.m. Mr. Parker submitted seven letters from restaurant patrons and businesses in the area, commending the owners of A.T. Leo's for the greatly improved appearance of the building, as well as, the excel - lent food and service. • Volume 36 - Page 63 • CITY OF NEWPORT BEACH C U B RS MINUTES s� ti9 s� ROI I rAl I n� Fuhrnvry �� i oar - -- - -- -------- --- ---- Mr. Parker also submitted a copy of a report by U/P 1965(A) John Hillard and Associates, Inc., relative to • noise. At the request of A.T. Leo's, noise measure- ments were made at two locations, with emphasis on determination of noise impact of A.T. Leo's on the community to the east and to the north of the restaurant. It was pointed out that measurements taken on the A.T. Leo's parking lot, 150 feet south of Pacific Coast Highway, indicated noise disturbance attri- butable to the restaurant was approximately 10 decibels below that of Pacific Coast Highway. Measurements taken at the edge of the ravine north of Pacific Coast Highway was dominated by highway noise to the extent that no noise events from A.T. Leo's were identifiable. The study concluded that during the measurement period, the operation of A.T. Leo's had no significant noise impact upon the community to the east and north. The study was nade on a Friday evening between the hours of 9 and 9:30 p.m. Mr. Parker stated that they strongly object to Condition No. 5, which the Planning Commission changed, and now reads: "That should it be necessary to reduce the 'net public area' in order to comply with Conditions No. 3 and 4, the 'net public area' shall be reduced in such a manner so as to keep the current square footage ratio between dining and bar areas. If it is necessary to provide parking off -site, the Applicants shall obtain the approval of an off -site parking agreement through the Planning Commission and City Council." Mr. Parker stated that they have looked at the bar area and they can find no practical way to reduce its size proportionately with the reduction of the restaurant size. Mr. Parker urged that the closing hours be amended to allow the restaurant to remain open to 12 mid- night, five days a week, and until 2 a.m. on Fridays and Saturdays. They felt these hours were consistent with their competitors. Keith Ray, 501 Park Center, Santa Ana, representing the Applicant, stated that they are continuing to work on the parking layout for the restaurant. The major problem is the configuration of the property, and also the addition of the deck. Once they know the approved parking status, they will then final- ize the plans for submittal. • • Volume :36 - Page 64 CITY OF NEWPORT BEACH C U ME B RS MINUTES �< R!'TI I CA1 �� . February 22. 1982 iILI nev Gary Giragosian, Manager of A.T. Leo's Restaurant, U/P 1965(A) stated that it was he who had requested the noise • study be made between the hours of 9 and 10 p.m., as this is their peak hour of business. Last call for drinks is between 1 and 1:30 a.m., so there should not be any noise emanating from the,parking lot after 2:30 a.m. Mr. Giragosian submitted a petition bearing approxi- mately 180 signatures of those who feel that A.T. Leo's has been a positive addition to the community and it would be unfair to close the restaurant down. Mr. Giragosian also submitted resumes of two of the chefs employed by A.T. Leo's, in an effort to show . their qualifications and expertise in the field of food design and food. production. Tom Pitcher, 356 Evening Canyon Road, President of Shorecliffs Community Association, stated that he did not feel there was sufficient parking for the restaurant, inasmuch as many of the patrons use the residential streets. He stated he was particularly concerned about the parking situation as Summer approached. He felt the noise from the restaurant impaired the residents' ability to enjoy their homes. He felt the decision of the Planning Com- mission was a fair compromise under the circum- stances. Al Mayo, General Partner of A.T. Leo's, submitted a list of responses he had obtained going door -to- door in the immediate area of the restaurant, in relation to a petition from residents who stated they had been inconvenienced or disturbed by the. crowds and noise from the restaurant. He stated that in talking with the residents, many of them indicated that the noise problem had improved and that they were not apposed to the restaurant re- maining in the area, provided there would be no live entertainment or dancing. Mr. Mayo stated that A.T. Leo's is owned by a number of individuals, many of which are Newport Beach residents. Mel Grandinette, 418 Hazel Drive, stated he felt the property values in the area have decreased since the opening of A.T. Leo's, and urged the Council to uphold the 12 midnight closing time. Wally Ziglar, 327 Poppy Avenue, stated that the traffic congestion problem still exists at the restaurant. He urged the Council to not extend the hours for.Friday and Saturday evenings as requested. William Barton, 1100 Berkshire Lane, spoke in - - • support of the appeal. He stated that A.T. Leo's . was not requesting any more than that of their • competitors. Volume 36 - Page.65 CITY OF NEWPORT BEACH C U ME 8 RS MINUTES ti s � yG3 y999�9 < RAI CAI I �e D Fnhr„nro 77 IQR9 - INnFY Phillip DeKarian, limited partner in the restaurant, /P 1965(A) • and owner of a restaurant in the City of Anaheim, spoke in support of extending the closing hours past 12 midnight, noting it was difficult to seat someone for a late dinner and have them out of the restaurant by midnight. Mr. DeKarian noted that A.T. Leo's was recognized by the Southern California Restaurant Writers Asso- ciation for being the most outstanding newcomer in the restaurant field. Mike Chandler, 318 Poppy Avenue, spoke in support of closing the restaurant at 12 midnight. Oakley Frost, 416 Hazel Avenue, spoke against.the appeal, stating he has been awakened numerous times in the night because of the noise, as well as other disturbances. He suggested, as a condi- tion of approval, no live entertainment or dancing be allowed. Richard Burns, 2250 Port Aberdeen Place, operator of the Cask N Cleaver and Paradise Cafe, stated he has been in the restaurant business for 15 years and that it would be a great disadvantage if the restaurant were required to close at midnight, particularly on Friday and Saturday evenings. Ben Smith, Manager, A.T. Leo's, stated that the patio in question has never, and probably will never be intended to be used for anything other than dining. In addition, the restaurant has been closing Sunday through Thursday around 12:30 a.m. Haskell Shapiro, 287 Evening Canyon Road, stated that the clientele at.A.T. Leo's was different than that of the Five Crowns Restaurant, and that the residents were suffering because of it. Mr. Parker addressed the Council again, and reiterated the reasons for the appeal, with respect to parking and closing of hours. He also requested that the curb in the Shorecliffs area referred to earlier by some of the residents, be painted red. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Following discussion, motion was made to sustain the decision of the Planning Commission with the follow- ing modifications and conditions: 1) That a minimum of one parking space for each 40 square feet of "net public area" .shall be provided for the restaurant facility. • 2) That the hours of operation shall be from 11:00 a.m. to 12:00 p.m. midnight Sunday through Thursday, and from 11:00 a.m. to • 1:00 a.m., Fridays and Saturdays. Volume 36 - Page 66 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES s 9y s,,� ani rep i Snp February 22, 1982 INDEX 3) That no live entertainment or dancing • shall be allowed. 4) That the City Council review the subject son Use Permit at the end of one year. x Notion was made to amend the foregoing motion to Ayes x x x x delete Condition No. 5 regarding the square footage Noes x x x ratio between the dining and bar areas, which amend- ment carried. All Ayes The main motion on the floor was voted on, and carried. 4. Mayor Heather opened the public hearing regarding LUP /LCProg the LAND USE PLAN OF THE LOCAL COASTAL PROGRAM as (67) conditionally certified by the Coastal Commission. Report from the Planning Department, was presented. The Planning Director pointed out a correction in the Local Coastal Program regarding lateral access, and suggested language be added to Policy No. 7 on page 9(a), to the effect that the provisions of Policies No. 4, 5 and 6 do not pertain to existing residential subdivisions where there is no sandy beach. There were no objections to the foregoing revision. Paul Franklin, 633 Rockford, Corona del Mar, stated he considered University Drive to be a vital element in the City Circulation System, and would hope the Council would take whatever steps are necessary in order that it remain in the Local Coastal, Program. Carl Wilcox, California Department of Fish and Game, addressed the Council regarding the "Environ- mentally Sensitive Habitat" area, stating that the sandspit portion of De Anza Bayside Village desig- nated as Recreational and Environmental Open Space on page 49 of the Local Coastal Program, should also be listed as Environmentally Sensitive Habitat on page 17. He felt the area supports thriving salt marsh vegetation, which provides habitat for endangered Belding's Savannah sparrows and light - footed clapper rails. It was noted in the staff report that, in their opinion, the changes to the area description on page 49, adequately address the Fish and Game's concern in this regard. It was also pointed out that on page 21, A -2, reference was made to the effect that, "the mapping by the Department of Fish and Game will be used as a basis in the environmental study." • Volume 36 - Page 67 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES ROLL CALLS kdn`P\D F ebruar 22 1982 INDEX Hearing no others wishing to address the Council, Won the public hearing was closed. x Motion was made to adopt Resolution No. 82 -25, Res 82 -25 amending the Local Coastal Program Land Use Plan and Development Policies consistent with the conditional certification of the State Coastal Commission. Council Members Cox and Maurer indicated they could not support the motion because the Local Coastal Program does not include the extension of University Drive. Ayes x x x x The motion was voted on, and carried. Noes x x x E. PUBLIC COMMENTS: 1. Council Member Maurer announced that a student from Newport Harbor High School had intended to address the Council regarding a City float entry in the Tournament of Roses Parade; however, due to the lateness of the hour, was unable to remain. F. CONSENT CALENDAR: Motion x The following actions were taken as indicated All Ayes except for those items removed. 1. ORDINANCES FOR INTRODUCTION: - None. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 82 -26 authorizing the Mayor and Plang /Cost/ City Clerk to approve and execute an Agreement Rev Impct An between the City.of Newport Beach and Ralph Res 82 -26 Andersen S Associates for the preparation of a C -2321 Cost /Revenue Impact Analysis Report pertaining (38) to the City of Newport Beach. (Report from the Planning Department; refer also to Budget Amendment No. BA -067) (b) Removed from the Consent Calendar. (c) Resolution No. 82 -28 authorizing the Mayor and U/P 1994 City Clerk to execute a Use Permit Agreement Agm /Hughes between the City of Newport Beach and Hughes Res 82 -28 Aircraft Company in connection with perfor- (88) mance sureties 'required for improvement in connection with Use Permit No. 1994. (Report from Public Works Department) (d) Resolution No. 82 -29 requiring vehicles to Signls /Sgns stop on 54th Street at River Avenue and direct 54th /River ing the Traffic Engineer to erect necessary Res 82 -29 stop signs thereat. (Report from Public Works (85) Department) • • Volume 36 - Page 68 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES S �•c �� ani i rep i .n '0 February 22, 1982 1NnaY (e) Resolution No. 82 -30 authorizing the Mayor and Hoag Hsptl/ City Clerk to execute a License Agreement with Hughes /LAgm • Hughes Aircraft Company to construct two 4- Res 82 -30 inch diameter conduits in public streets between Hoag Hospital and Hughes Aircraft C -2322 (38) Company plant at 500 Superior Avenue. (Report from Public Works Department) 3. COMMUNICATIONS - For referral as indicated: (a) Removed from the Consent Calendar. (b) Removed from the Consent Calendar. (c) To staff for reply, letter from Eastbluff Sdwlk /Amigos Apartment Owners Association, regarding haz- Wy ardous condition of sidewalk in front of 721 (80) Amigos Way and adjacent properties. (d) To the Police Department for reply, letter Police Dpt from Gregory P. Johnson, regarding alleged (70) false testimony relating to traffic citation by Newport Beach Police Officer. (e) To staff for report back, letter from Dover Dredg /Print Shores Community Association requesting their (51) area be included within the blanket dredge permit. 4. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Local Agency Formation Commission - Minutes of January 27, and Preliminary Agenda for February 24, 1982. (b) Friends of Oasis - Minutes of Board Meeting January 18, 1982. (c) Area XI Development Disabilities Board - Bulletin regarding Parent Alert. (d) Removed from the Consent Calendar. (e) California Coastal Commission - Information on Commission Sponsored Workshops on the Assumption of Coastal Development Permit Authority by Local Governments Under AB 385 (Hannigan) and SB 626 (Mello). (f) Removed from the Consent Calendar. (g) Ken Carpenter, President, De Anza Corporation, regarding Mobile Home Rent Control. (h) Resolution No. 6926 adopted by the City of Fullerton supporting ratification of the • peripheral canal referendum. • Volume 36 - Page 69 CITY OF NEWPORT BEACH C UNC MINUTES 0kN%6%P.\v% nt February 22. 1982 - iuncv 5. CLAIMS FOR DAMAGES - For denial and confirmation (36) • of the City Clerk's referral to the claims adjuster (a) Southern California Gas Company, alleging plastic pipe damaged by backhoe operated by SoCalGas Co. City employee on December 31, 1981, in front of 443 Santa Ana Boulevard. (b) Vincent Calia, alleging police brutality Calia while in custody on October 29, 1981. (c) Mark Anthony Hesse, alleging tire damage to Hesse vehicle due to grease or oil on "one -way" spikes in front of gate to Corona del Mar State Beach Parking Lot. (d) John F. Farrer, alleging property damage to Fatter carpet due to materials used by fingerprinting crew following burglary. 6. SUMMONS AND COMPLAINTS - For confirmation of the City Clerk's referral to claims adjuster: (a) Gregory J. Kopp for damages, Orange County Kopp Superior Court, Case No. 47327. Claim was filed December 2, 1980, and denied by City Council January 12, 1981. 7. REQUEST TO FILL PERSONNEL VACANCIES - For approval: (66) (A report from the City Manager) (a) One Plan Check Engineer, Building Department. 8. STAFF AND COMMISSION REPORTS - For information and approval: (a) Report from City Manager regarding USAGE OF WNptLib /Bal FORMER WEST NEWPORT LIBRARY AND FORMER PwrSgC -2109/ VOLUNTARY ACTION CENTER HEADQUARTERS BUILD- VAC C -1691 INGS. (38) 9. PUBLIC HEARING SCHEDULING - For public hearing scheduled on March 8, 1982: (a) PLANNING COMMISSION AMENDMENT NO. 570, a P/C Amnd 570 request of The Irvine Company„ Newport Beach, (94) to amend the Harbor View Hills Planned Com- munity Development Standards relative to garage setbacks from sidewalks and curbs in Area 11 of said Planned Community. Area 11 being Harbor Ridge and the Harbor Hill areas of the Harbor View Hills Planned Community. (Report from Planning Department) • Volume 36 - Page 70 • CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES Rol I r' 1 n� �D February 22, 1982 i►inw (b) USE PERMIT, NO. 1929 (AMENDED) - Request to U/P 1929(A) amend certain conditions of approval of Use (88) • Permit 1929 (Amended) that permitted a tem- porary bank building and drive -up teller facility in the P -C District so as to extend the time period of said permit and the accep- tance of an Environmental Impact Report. The Applicant, NEWPORT HARBOR NATIONAL BANK, is appealing one of the conditions of approval in conjunction with the requirement of a resubdivision.agreement for the ultimate street improvements for the widening of East Coast Highway adjacent to the site. (c) USE PERMIT 2003 (REVISED) - The Appellant, U/P 2003(R) STEPHEN C. FORDE, is appealing the decision of (88) the Planning Commission that recommended the approval of said use permit on January 21, 1982, in favor of the Applicant, William J. Clark, to establish a restaurant facility with on -sale alcoholic beverages and live enter- tainment in a portion of the Pacifica Marine Building, Mariners Mile, and the acceptance of an off -site paLrking agreement for a portion of the required parking spaces. The proposal also included a modification to the zoning code so as to allow the use of compact car spaces for a portion of the required parking. The project has been reviewed, and it.has been determined that it is categorically exempt from the requirements of the California Qualities Act. (d) USE PERMIT NO. 1924 (AMENDED) - Request to U/P 1924(A) amend certain conditions of approval of Use Permit No. 1924 (Amended) that permitted the temporary use of a modular building for a savings and.loan facility so as to extend the time period of said permit. The Applicant, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION, is appealing one of the conditions of approval in conjunction with the requirement of a resub- division agreement for the ultimate street improvements for the widening of East Coast Highway adjacent to the site. 10. ACCEPTANCE OF IMPROVEMENTS IN RESUBDIVISION NO. Resub 670 670- Lots 10 and 11, Block 218, Section B, Newport (84) Beach and a portion of Section 33, Township 6 South, Range 10 West, located at 1815 and 1817 West Bay Avenue on the southerly side of West Bay Avenue between 18th Street and 19th Street on Balboa Peninsula - Accept the public improvements con- structed in conjunction with Resubdivision; author - ize the City Clerk to release the Faithful Perfor- mance Surety (Certificate of Deposit No. A15617); and release the Labor and Material Surety (Certif- icate of Deposit No. A15616) in six months, pro - vided no claims have been filed. (Report from Public Works Department) • Volume 36 - Page 71 CITY OF NEWPORT BEACH C UNCIL ME 8 RS MINUTES yG y9 � 9� yy9'P R01 I CAl I n� February 22. 1982 , unry Volume 36 - Page 72 11. ACCEPTANCE OF GRAND CANAL BULKHEAD SEALANT (C- Grnd Cnl Slnt s 2278) - Accept the work; authorize the City Clerk to C -2278 • file a Notice of Completion; and release the bonds (38) ! 35 days after Notice of Completion has been filed. (Report from Public Works Department) 12. ACCEPTANCE OF LIDO ISLE CONCRETE RECONSTRUCTION (C- LIsle C /Rcns 2245) - Accept the work; authorize the City Clerk to C -2245 file a Notice of Completion; and release the bonds (38) 35 days after Notice of Completion has been filed. (Report from Public Works Department) 13. UPPER NEWPORT BAY EARLY ACTION PLAN AND CALIFORNIA UprNpt Bay/ DEPARTMENT OF FISH AND GAME PILOT MARSH RESTORATION EAP & CaF &G (C -2276) - Approve the plans and specifications for C -2276 the combined projects; authorize the City Clerk to (38) advertise for bids to be opened at 2:30 p.m., on March 30, 1982. (Report from Public Works Depart- ment) 14. SIDEWALK REPLACEMENT ALONG PACIFIC COAST HIGHWAY IN CdM Sdwlk CORONA DEL MAR (C -2266) - Approve the plans and Rplcm /PCHwy specifications; authorize the City Clerk to adver- C -2266 tise for bids to be opened at 3:00 p.m., on March (38) 11, 1982. (Report from Public Works Department) 15. 1981 -82 SEWER MAIN REPLACEMENT PROGRAM - BALBOA BalPen /SwrMn PENINSULA (C -2200) - Approve the plans and speci- C -2200 fications; authorize the City Clerk to advertise (38) for bids to be opened at 11:00 a.m., on March 11, 1982. (Report from public Works) 16. APPROVAL OF SPECIAL REFUSE COLLECTION FOR CLIFF Spc1RfsCol HAVEN AND NEWPORT HEIGHTS - Letter from Cliff Haven C1fHvn /NptHts Community Association containing request attached. (44/25) (Refer to Budget Amendment 11083) 17. BUDGET AMENDMENTS - For approval: (25) (a) BA -067, $5,000 :increase in Budget Appropria- tions for development of an Updated Cost/ Revenue System; General Fund. (Refer to report from Planning with Agenda Item F -2(a)) (b) Report from the Finance Director regarding the following mid -year budget amendments: BA -068, $1,294,078.80 decrease in Fund Bal- ance,,a net increase in Budget Appropriations and a decrease In Revenue Estimates; General Fund. BA -069, $130,617.33 increase in Fund Balance, a net increase in Budget Appropriations and an increase in Revenue Estimates; Park & Recrea- tion Fund. BA -070, $35,095.00 increase in Fund Balance, a • decrease in Budget Appropriations and an increase in Revenue Estimates; Library Fund. • BA- 071, $30,020.00 increase in Fund Balance, and an increase in Revenue Estimates; Federal Revenue Sharing Fund. Volume 36 - Page 72 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES s � o �� ROLL CALL �J+ February 22, 1982 INDEX BA -072, $8,300.00 increase in Fund Balance and • in Revenue Estimates; State Gas Tax Fund, Section 2107. BA -073, $17,000.00 increase in Fund Balance, and an increase in Revenue Estimates; State Gas Tax Fund, Section 2106. i BA -074, $231,000.00 increase in Fund Balance and an increase in Revenue Estimates; Arterial Highway Financing Fund. BA -075, $430,000.00 decrease in Fund Balance, and in Revenue Estimates; Traffic Safety Fund. BA -076, $25,460..00 increase in Fund Balance, and in Revenue Estimates; Parking Meter Fund. BA -077, $90,220.00 decrease in Fund Balance, a i decrease in Budget Appropriations and a decrease in Revenue Estimates; Tide and Submerged Lands Fund. BA -078, $5,000.00 increase in Fund Balance and in Revenue Estimates; Building Excise Tax Fund. BA -079, $18,850.00 increase in Fund Balance and in Revenue Estimates; Seventy -Fifth Anniversary Fund. BA -080, Removed from the Consent Calendar. BA -081, $70,795.00 increase in Fund Balance, and increase in Budget Appropriations and an increase in Revenue Estimates; Water Fund. BA -082, $100,000.00 increase in Budget Appro- priations to provide additional funds for Airport Growth as directed by Council; Non - departmental Fund. (c) BA -083, $700.00 increase in Budget Appropria- tions for Special Refuse Collection for Cliff Haven and Newport Heights; Refuse Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Letter from James and Deborah Hogan, requesting S /AnaHgtsAnx annexation of 2.37 acres of land in unincorporated (21) area of Santa Ana Heights, was presented. Motion x Subject letter referred to staff for preparation All Ayes of a report back to Council. • Volume 36 - Page 73 • L so Motion x &� I.Iblblb 4 Mopion • x CITY OF NEWPORT BEACH MINUTES February 22, 1982 2. Proposed resolution authorizing the Mayor and City Clerk to execute a License Agreement between the City of Newport Beach and the Fashion Island Merchants Association, the Taubman Company and The Irvine Company in connection with the Annual Arts Commission Festival in April, 1982, together with a report from the Arts Commission, was presented. Council Member Strauss expressed his concerns with respect to the City receiving a percentage of the artists' sales. He indicated he did not feel the City should make a commission from the sale of art. Madeline Rose, Chairman of the Arts Commission, stated that the funds received from the Arts Festi- val help defray the cost of the project. She felt the agreement was beneficial to all involved and does not take advantage of anyone. In view of the foregoing comments, motion was made to adopt Resolution No. 82 -27, as set forth in the foregoing. Council Member Hummel stated for the record; "I cannot support the motion because I think we are setting a precedent where the City is getting involved in sharing profits with a commercial organization in a charitable ven- ture, and I would rather we didn't do that now, or ever." The motion was voted on, and carried. 3. Letters from Our Lady of Mt. Carmel Church and Christ Church by the Sea, requesting Traffic Signal at 15th Street and Balboa Boulevard, was presented. Council Member Strauss indicated his concurrence with the above request, and asked the staff for their recommendation, as to a time schedule. The City Manager advised that the Public Works Department has prepared a list of traffic signal priority locations for Council review at the March 8 study session. The Public Works Director stated that the subject location is on the - priority list, and that the parties who are interested in having the signal installed, among others, will be notified of the date the Council will be considering the priority list. Council Member Strauss stated he would like the staff to move the project as quickly as possible if favorable consideration is given by Council on March 8. Motion was made to refer the two communications to the Traffic Affairs Committee for reply. Volume 36 - Page 74 Arts Fstvl '82 /LicAgm C -2253 (38) IRes 82 -27, Sgnls /Signs 15th /Bal (85) Motion • • All Ayes Motion All Ayes on & Ayes x x Motion Ayes lxlxlxlx xlxlxl x Abstain • • CITY OF NEWPORT BEACH MINUTES 22, 1982 Substitute motion was made to direct the staff to come back in 30 days with a device (budget amend- ment if necessary)., which would allow the signal installation not later than this Summer. The Director of Public Works stated that he felt the project would qualify for a negative declara- tion, rather than an Environmental Impact Report which shortens the time schedule. However, a permit is required from the Coastal Commission, and because of the bidding process and preparation of plans, it is estimated it will take four to five months before the signal could be installed. In view of the foregoing comments, Council Member Hummel revised his motion to direct the staff to investigate all avenues and requirements in order to establish a signal at the subject location and report back to Council as soon as possible. 4. A letter from Cameo Community Association regarding Teleprompter Cable Service in Corona del Mar, with responses from Teleprompter, was presented. Staff directed to prepare a report on service of Teleprompter, and to also obtain response from Cameo Shores Community Association regarding Teleprompter's responses to their complaints. 5. BA- 080, $5,000.00 increase in Fund Balance and in Revenue Estimates; Building Excise Tax Fund, was presented. Following clarification of the budget amendment by the City Manager, BA -080 was approved. 6. Letter from the League of California Cities trans- mitting Assemblywoman Marian Bergeson's Voting Record on Major Issues Affecting Cities in 1981, was presented. Adopted Resolution No. 82 -31 by title only, commend- ing Assemblywoman Marian Bergeson for her outstand- ing voting record on issues affecting cities in 1981. Council Member Hummel explained his reason for abstaining on the foregoing motion as follows: "I am not familiar with all the items that Assemblywoman Bergeson has supported or not supported, and I also am not always too comfortable with that which the League suppor as to the expenditures in local government, and those things which are important to them, may not be important to me." Volume 36 - Page 75 Teleprmptr (42) B/A (25) Calif /Lg (61) Res 82 -31 CITY OF NEWPORT BEACH C UkLME B RS MIN UTES RAI r41 �n D Rahruary 99 igA9 IWnry Volume 36 - Page 76 H. ORDINANCES FOR ADOPTION: • 1. Ordinance No. 82 -4, being, Ord 82 -4 Tfc Contrl AN ORDINANCE OF THE CITY OF NEWPORT BEACH (85) AMENDING SECTION 12.52.060 OF THE NEWPORT BEACH MUNICIPAL CODE DESIGNATING THE PORTION OF BACKBAY DRIVE BETWEEN SAN JOAQUIN HILLS ROAD AND THE ENTRANCE TO SHELLMAKER ISLAND AS ONE -WAY IN A NORTHERLY DIRECTION, was presented for adoption. Motion x Adopted Ordinance No. 82 -4. All Ayes. I. CONTINUED BUSINESS: 1. Appointments to the LITTER CONTROL CITIZENS AD- LC /CAC VISORY COMMITTEE for a one -year term ending (24) December 31, 1982: Motion x (District 2) Council Member Plummer's appointment All Y es of Rosemary Luxton confirmed; remaining appointment deferred to March 8, 1982. There being no objections, (District 7) Council Member Cox's appointment was deferred to March 8, 1982. 2. Report from the Planning Department regarding a GPA 81 -3 request of the Marriott Corporation concerning a Marriott PROPOSED GENERAL PLAN AMENDMENT FOR THE EXPANSION Hotel /Exp OF THE MARRIOTT HOTEL located in Newport Center, (45) was presented. Letter from SPON regarding proposed General Plan Amendment for the Expansion of the Marriott Hotel, was presented. Michael Gering, 17 Corporate Plaza Drive, Attorney representing the Marriott Hotel, addressed the Council stating he wished to point out. the follow- ing: 1) The request before the Council is only to initiate a general plan amendment. Nothing is being requested of the Council at this time that creates any commitments or that is irrevocable. The general plan amendment must come back to the City Council for public hearing and review. 2) The new initiation of the general plan amendment will require them to do a great deal of preparation in the area of infor- mation. In this instance, there will be a greater amount of information than what • was given to the Council in their request with General Plan Amendment No. 80 -3.' The new documentation will assess impacts with regard to traffic generation, airpor use, etc. As to the number of rooms to be added, they cannot give an amount unti all of the planning and design work is - emm�lwYed. Volume 36 - Page 76 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES G RAI 1 ral I n� �D February 22, 1982 IIUnFY ,.o.� .,.....,..�, ..a r. Volume 36 - Page 77 3) It is the Council that has the ability to GPA 81 -3 set when the public hearing will be held Marriott on the new general plan amendment. They Hotel /Exp do not know at this time how long it will take to get all the information together for submittal. The Marriott Corporation has been a good corporate citizen in the community for a number of years, and their request should be viewed as espec- ially important, due to the rescission of General Plan Amendment 80 -3 and that potential loss of revenue. In response to a question raised by Council Member Plummer, the City Attorney stated, in essence, that the initiation and processing of GPA 81 -3 would not per se, violate the timing restrictions in Election Code Section 4055, since such action is not final action. The City Council is not acting inconsis- tent with the one -year requirement since they are only approving initiation of GPA 81 -3, and are not approving or adopting GPA 81 -3. Pat Hollander, 213 'Via Dijon, urged that the Council not act on the Marriott proposal for one year from the date of the revision of General Plan Amendment 80 -3. To do otherwise, in her opinion, is to subvert the intent of the law which estab- lishes the right of the citizenry to participate in government through the referendum process. on x Motion was made to initiate a General Plan Amend- ment as requested by the Marriott Hotel and direct the Planning Commission to set this item for public hearing at its discretion, following preparation of any necessary additional environmental documenta- tion. Motion x Substitute motion was made to approve the request Ayes x x x of the Applicant to initiate proceedings for a gen- Noes x x x x eral plan amendment, and that the amendment be allowed to proceed through all steps of the process, but that the final vote not be approved by the Council for one year from the date of the rescis- sion of General Plan Amendment 80 -3, of which the application was a part, which motion FAILED. Ayes x x x x The main motion was voted on, and carried. Noes x x x Council Member Strauss stated, for the record, his reason for voting "No" as follows: "I feel action should not be taken for one year, as the Applicant was a part of GPA 80 -3, which was rescinded by a vote of the Council." Council Member Hummel stated that he concurred with Council Member Strauss, and would like the record to show the same reason for his "No" vote. 3. Report from the City Attorney regarding UNIVERSITY USC /Agm _ OF SOUTHERN CALIFORNIA USAGE OF CORONA DEL MAR C -2317 • ELEMENTARY SCHOOL. (38) Letter from Melvin J. Hoeffliger regarding his concern about future use of Corona del Mar Elemen- ,.o.� .,.....,..�, ..a r. Volume 36 - Page 77 CITY OF NEWPORT BEACH C U ME 8 RS MINUTES G s s v ani i rei i S� February 22. 1982 cunry Motion x Deferred item to March 22, 1982, and directed staff A1Ayes to investigate correspondence of Ralph J. Askin to Melvin Hoeffliger, and report back at that time. J. CURRENT BUSINESS: 1. Memorandum from Mayor Heather regarding SPOT BILL PB &R /CALTRNS FOR ACQUISITION OF CALTRANS WEST PARCEL, was pre - WEST sented. (62) Mayor Heather stated she would like the Council's permission to explore possible legislation to enable the City to acquire the CALTRANS WEST parcel in exchange for the Mouth of Big Canyon. She stated there is legislation which could make this a possibility. She would like to talk to the Depart- ment of Fish and Came and CALTRANS to see if they have any interest, and then report back to Council. The City Manager advised that it was his understand- ing from representatives of the Department of Fish and Game, that they do not have the necessary fund - ing for the purchase of the CALTRANS parcel, which is estimated at $2 million. In addition, The Irvine Company's position regarding the dedication of the Mouth of Big Canyon is unknown at this time. Dave Dmohowski, representing The Irvine Company, addressed the Council, stating that they do not have a position necessarily on the proposal to exchange the Mouth of Big Canyon for the CALTRANS property, assuming the City would acquire the Mouth of Big Canyon through the exchange of park credit. Their only interest in this would be to have a resolution of the park credit land exchange issue at the earliest possible time, and what happens to the property after that is a result of an exchange with CALTRANS, or the Department of Fish and Game. Carl Wilcox, representing the Department of Fish and Game, stated that this was the first he had heard of the Mayor's proposal; however, the Depart- ment had been "sounded" out by City staff as to the purchase of the property. Their position is that they do not have the funding. Mayor Heather reiterated that she was only request- ing approval in concept in order for her to commenc discussions with CALTRANS, the Department of Fish and Game, and Parks, Beaches and Recreation Depart- ment. Motion x Staff directed, in consultation with the Mayor, to All Ayes come back with a report on this item on March 8, or March 12, if necessary. • Volume 36 - Page 78 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES L QL L� y99 ROI C �� p February 22, 1982 INDEX K. ADDITIONAL BUSINESS: Md*on x 1. Set public hearing on March 8, 1982, for Council Resub 707 review of Resubdivision No. 707, lot split on (84) Ayes Santa Ana Avenue. Motion x 2. Set public hearing on March 22, 1982, for Council U/P 2046 All Ayes review of Use Permit No. 2046, and Traffic Study, (88) on bank building at 1522 Placentia Avenue. Meeting adjourned at 12 midnight. Mayor Pr Tem ATTEST: City Clerk • - Volume 36 - Page 79