HomeMy WebLinkAbout03/22/1982 - Regular MeetingC UNCIL ME B RS
G
ROI I CCI I n�
CITY OF NEWPORT BEACH
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: March 22, 1982
MINUTES
rm.IlTj
Present
x
x
x
x
x
A. ROLL CALL.
A t
x
x
M n
x
B. The reading of the Minutes of the Meetings of
A es
February 22 (amended), and March 8, 1982, was
waived, approved as written, and ordered filed.
Motion
x
C. The reading of all ordinances and resolutions under
All Ayes
consideration was waived, and the City Clerk was
directed to read by titles only.
D. HEARINGS:
1. Mayor Pro Tem Hart opened the public hearing and
U/P 2046
City Council review of USE PERMIT NO. 2046 AND
& Tfc Stdy
TRAFFIC STUDY, a request of the Heritage Bank,
(88)
Costa Mesa; conditionally approved by the Planning
Commission on February 4, 1982, which would permit
the construction in the Unclassified District of a
permanent branch facility which exceeds the basic
height limit in the 32/50 Foot Height Limitation
District. The proposal also includes the use of
drive -up teller facilities and roof parking; and
modification to the Toning Code to allow the use of
compact car spaces for a portion of the required
off - street parking; the acceptance of an Environ-
mental Document; and consideration of a Traffic
Study for the project. Project located at 1522
Placentia Avenue, bounded by Placentia Avenue,
Superior Avenue and Fifteenth Street in the West
Newport Triangle area.
Report from the Planning Department, was presented.
Jim Van Tuyle, Architect for the project, stated
that they agree with all the findings and condi-
tions of the Planning Commission, including the .56
buildable area. He stated that if they consider a
medical facility in the future, they would resubmit
a traffic study.
Louise Greeley, 16 Swift Court, West Newport Legis-
lative Alliance, suggested this project be deferred
until the Specific Area Plan for Hoag Hospital/
County Triangle Area is completed.
Hearing no others wishing to address the Council,
the public hearing was closed.
The Planning Director pointed out that the subject
area was not being recommended for inclusion in a
Specific Area Plan at this.time. For the purposes
of carrying out a study for the residents of New-
port Crest, and the apartment residents surrounding
Hoag Hospital, a "study area" has been designated
and given to the Planning Commission, along with
other study areas that have been previously desig-
nated as a Specific Axes Plan on the City's General
Plan. They anticipate that in doing these various
"intensity of use" studies, it will take the Plan-
ning Department several months to accomplish these
Volume 36 - Page 103
CITY OF NEWPORT BEACH
MINUTES
March 22, 1982
studies. The Planning Commission has requested
that, as soon as the staff has the information
available for this particular area, it be brought
before them for consideration. He estimates it
will be approximately two months before that can
occur.
Motion x In view of the foregoing comments, motion was made
to defer action on the subject use permit until
June 28, when a recommendation will be forthcoming
from the Planning Commission.
Motion x Motion was made to reopen the public hearing to
allow the architect representing the Applicant to
respond.
Jim Van Tuyle, Architect, stated that deferring the
subject project would create a hardship on the
Applicant. He stated that some of the drawings and
studies have already been completed and that they
are ready to proceed. He urged, from an "economic"
standpoint, to not postpone the item.
The public hearing was closed.
Motion x Following comments, motion was made to withdraw the
Ayes x x motion on the floor, and to deny Use Permit No.
Noes x x x 2046 with the findings for denial designated as
Exhibit "B," which motion FAILED.
Mo on x In view of the foregoing, motion was made to sus -
A x x x tain the decision of the Planning Commission and
N x x accept the Environmental Document.
Included in the subject motion, as suggested by
Council Member Strauss, was an amendment to the
Disclosure Statement for John Wayne Airport
(Item c), changing the word "may" to "will."
E. PUBLIC COMMENTS:
1. Dick Clucas, 4403 Seashore Drive, indicated he was
dissatisfied with some of the remarks made by
various Council Members relative to General Plan
Amendment No. 80 -3. He stated that he felt the.
citizens should have been given the right to vote
on the referendum issue for Newport Center, and he
would hope that they will now be allowed to voice
their opinion on the Banning issue.
2. Dr. Moktar Salama, 15 Gretel Court, submitted a
prepared statement written by Mike Johnson, Chair-
man of the Referendum Committee, regarding General
Plan Amendment No. 81 -1.
The Referendum Committee urged that the City use
the referendum interim period as an opportunity to
implement the Specific Area Study of West Newport
recognizing the BEECO property as the "turning
point to its future value to the community."
Volume 36 •- Page 104 .
G/P 80 -3
G/P 81 -1
L
Min
A yes
•
r
CITY OF NEWPORT BEACH
MINUTES
March 22, 1982
F. CONSENT CALENDAR:
The following actions were taken as indicated except for
those items removed.
1. ORDINANCES FOR INTRODUCTION: - For introduction and
pass to second reading on April 12, 1982:
(a) Ordinance No. 82 -6, being,
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AMENDING SECTION
1.25.030 OF' THE NEWPORT BEACH MUNICIPAL
CODE BY DELETING SUBSECTION (B) REGARDING
THE LIMITATION ON CONTRIBUTION BY PERSONS
SUPPORTING OR OPPOSING BALLOT PROPOSI-
TIONS. (A report from the City Attorney)
2. RESOLUTIONS FOR ADOPTION:
(a) Removed from the Consent Calendar.
(b) Resolution No. 82 -43 opposing the Application
by Southern California Edison Company to the
Public Utilities Commission for a General Rate
Increase.
(c) Resolution No. 82 -44 authorizing and directing
installation of a stop sign on Orchid Street
at Third Street, in Corona del liar and direct-
ing the Traffic Engineer to erect and maintain
all necessary signs therefor. (Report from
Traffic Affairs Committee)
(d) Resolution No. 82 -45 establishing the south
side of Via Oporto Street from Central Avenue
east as a "No Parking /Tow Away Zone" and
directing the Traffic Engineer to erect and
maintain all necessary signs therefor. (Re-
port from Traffic Affairs Committee)
(e) Resolution No. 82 -46 summarily vacating unused
public utility and ingress and egress ease-
ments on Harbor Point Drive at intersection
with San Miguel Drive Tract No. 10625 (DWG'
#R /W 5454 -L). (Report from Public Works)
(f) Resolution No. 82 -47 amending Resolution No.
8936 prohibiting; parking on Balboa Boulevard
between 15th and 21st Streets on designated
days by adding Memorial Day thereto. (Report
from Traffic Affairs Committee)
3. CONTRACTS /AGREEMENTS FOR APPROVAL:
(a) Amended Professional Services Agreement with
Phillips Brandt Reddick for Environmental
Documentation for Jamboree Road widening and
noise wall construction adjacent to Eastbluff;
authorize Mayor and City Clerk to execute
Agreement. (Report from Public Works)
Volume 36 - Page 105
[W.
1(39
So CA Ed Co/
PUC Incr
Res 82 -43
(28)
Signs /Signls
(85)Res 82 -44
Parking /Off-
Street
Res 82 -45
(63)
Vac /easmt
Res 82 -46
(90)
Parking /Off-
Street
Res 82 -47
(63)
Jamboree Rd
Widng /Noise
Wall - Eastblf
C -2293
(38)
CITY OF NEWPORT BEACH
C UNCIL ME 8 RS MINUTES
'A -o
9
oni i rni i tl�� O March 22. 1982 INI3Fk'
Volume 36 - Page 106
(b) License Agreement for Encroachment into public
LicAgm /Encrch
right -of -way northerly side of Pacific Coast
PCH /Jamboree
Highway westerly of Jamboree Road, between
C -2328
Shell Oil Company and the City of Newport
(38)
Beach; authorize the Mayor and City Clerk to
execute Agreement. (Report from Public Works)
(c) Award Contract No. 2266 to J. T. Garza Con-
Sdwlk /PCH
struction Inc., for $12,460 for sidewalk
CdM
replacement along Pacific Coast Highway in
C -2266
Corona del Mar; authorize the Mayor and City
(38)
Clerk to execute Contract. (Report from Public
Works)
(d) Award Contract No. 2200 for 1981 -82 sewer main
1981 -82 Swr
replacement program, to George Dakovich and
Mn Prg/
Son, Inc., for $149,789; authorize the Mayor
C -2200
and City Clerk to execute Contract. (Report
(38)
from Public Works)
(e) Accept Right-Of.-Way Agreement with Mrs. Oser
Oser R -O-W
(Mariners Mile Parking Lot). (Memorandum from
Agm /Mariners
City Attorney)
MiPkgLot
C -2329 (38)
4. COMMUNICATIONS - For referral as indicated:
(a) To Pending Legislation & Procedural Ethics
Legisltn /Air
Committee, South Coast Air Quality Management
Pltn Fnds
District letter urging resolution from the
(48)
City in support of reallocation of air pollu-
tion funds.
(b) To Traffic Affairs Committee for reply,
Trfc Mkgs
reauest from Mrs. Maria G. Goen for "bumps" to
BalMncplBch
slow down vehicle traffic near entrance stop
(85)
sign and crosswalk to the Balboa Municipal
Beach Parking Lot.
(c) To License Supervisor for response, letter
Permit /Com
from Corona del Mar Chamber of Commerce for
ClscFtRace
request to stage: the 1st Annual Corona del Mar
(65)
Classic 5 Kilometer (3.1 mile) Foot Race.
5. COMMUNICATIONS - For referral to the City Clerk for
inclusion in the records:
(a) Annual Report For The Disabled (Dayle McIntosh
Center, Garden Grove) for 1981. (On file in
Clerk's office)
(b) Copy of letter from Karol 0. Bergheer to
Regina's on the Water regarding the level of
noise disturbance experienced by resident
members of the Towers.
(c) Memo from City Council Network Liaison Barbara
Pass, Councilwoman of City of Stockton regard-
ing "network" meeting in conjunction with
•
League and CSAC meetings. .
(d) Copy of letters to Editor from Jan D. Vander -
sloot, commending the California Coastal
Commission for deleting the extension of
University Drive from the Newport Beach Local
Coastal Plan.
Volume 36 - Page 106
CITY OF NEWPORT BEACH
C AGamU?' N Cti 9 I� L
� Mtis E �
R
S MINUTES
ROLL CALL March 22, 1982
1NOEX
(e) Correspondence from Al "King Alfonso" Lizanetz
regarding his ongoing concern for our Nation's
foreign policy and organized crime.
(f) Minutes of Friends of Oasis Board Meeting of
February 15, 1982.
(g) Local Agency Formation Commission Minutes of
February 24 and Preliminary Agenda of March
10,1982.
(h) Request of Orange County Local Agency Forma-
tion Commission for applicants to fill its
public member seat (four -year term of Robert
E. Dwyer terminating on May 3).
(i) Statements from Controller of the State of
California showing estimated amount to be paid
to each city and county as its share of reve-
nues apportioned during fiscal year ending
June 30, 1983.
(j) Memorandum from California State Senator H. L.
Richardson, 25th District, regarding Legisla-
tive Counsel's opinion on the validity of city
and county ordinances in relation to firearms.
(k) Notice to customers of hearing in application
No. 82 -03 -16 of Southern California Gas
Company & Pacific Lighting Gas Supply Company
before Public Utilities Commission to increase
rates by $1,294 „513,000 per year.
(1) Notice of Filing and Hearing on Southern
California Edison Company Application No. 82-
03 -04 for authority to implement its Proposed
Rate Stabilization Plan by Reducing its Energy
Cost Adjustment Billing Factors, before the
Public Utilities Commission.
(m) Airport Land -Use: Commission for Orange County
- Minutes of January 21 and February 18, 1982.
6. CLAIMS FOR DAMAGES - For denial and confirmation of
(36)
the City Clerk's referral to the claims adjuster:
(a) Sandra Mathis for alleged property damage as a
Mathis
result of collision with Newport Beach Police
vehicle on December 12, 1981, at MacArthur
Boulevard, near Bonita Canyon Road.
(b) Douglas C. Pizac: for reimbursement of towing
Pizac
charges and taxicab fare on February 21, 1982.
(c) Georgia- Pacific Corp. for Richard L. Woods for
Georgia -Pac/
property damage„ alleging Police Officer ran
Woods
stop light and broadsided claimant's vehicle
on December 31, 1981, at 3rd Avenue and Orchid
Street.
Volume 36 - Page 107
L
�a
u
i
i
CITY OF NEWPORT BEACH
MINUTES
March 22, 1982
(d)
Cortland Greeley for personal injuries when
Greeley
she tripped and fell over water meter on
February 3, 1982, near Newport Boulevard
Bridge.
(e)
Deborah L. Swarthout for Application to Pre -
Swarthout
sent Late Claim, alleging personal injuries as
a result of negligently designed and maintain-
ed road, sustained on June 22, 1981, on
Jamboree Road between Pacific Coast Highway
and Santa Barbara Avenue.
(f)
Craig Slutman for property damage alleging
Slutman
tree limb fell on his vehicle while City crew
trimming tree on Vista del Oro and Vista
Caudal on February 23, 1982.
(g)
Norman B. Sunshine for property damage sus-
Sunshine
tained to his vehicle in collision with City
truck on Mariners Drive and Dover Street on
February 18, 1982.
7. SUMMONS AND COMPLAINTS - None.
8. REQUEST TO FILL PERSONNEL VACANCIES - For approval:
(66)
(Report from the City Manager)
(a)
Two Police Clerk I positions, Police Depart-
ment.
(b)
One Utilities Leadman, Utilities Department.
(c)
One Laborer; General Services Department.
9. STAFF AND COMMISSION REPORTS - For Council informa-
tion
and approval;
(a)
Report from Parks, Beaches and Recreation
PR&B
Director requesting APPROVAL IN CONCEPT OF THE
(62)
PROPOSED NEWPORT BEACH OLYMPIC AQUATIC CENTER
ON NORTH STAR BEACH.
(b) Report from the Planning Department concerning G /Plan
RECOMMENDATION MADE MARCH 4, 1982 BY THE (45)
PLANNING COMMISSION REGARDING ESTABLISHING
PRIORITIES TO REVIEW SPECIFIC AREA PLAN
DESIGNATIONS ON THE NEWPORT BEACH GENERAL
PLAN.
(c) Removed from the Consent Calendar.
(d) Report from City Manager regarding 1982 -83
RENEWAL OF PUBLIC LIABILITY INSURANCE COVER-
AGE.
Volume 36 - Page 108
Insurance/
(Public Liab
(47)
i
1
i
CITY OF NEWPORT REACH
MINUTES
March 22, 1982
10. PUBLIC HEARING SCHEDULING - For public hearing
scheduled on April 12, 1982:
(a) Public hearing regarding Certificate of Twg /Certf
Convenience & Necessity for John's Tow Ser- Cnvnc
vice, 300 E. 17th Street, Costa Mesa.,(Memo (70)
from Police Department)
11. MISCELLANEOUS RESURFACING AND RECONSTRUCTION (C-
2300)- Jamboree Boulevard; Vista del Oro; Seadrift
Dr /E1 Paseo Dr; Sherrington Place /Sea Gull Ln /16th
Street; Production P1 /Monrovia Avenue /Babcock
Street /16th Street; approve plans and specifica-
tions; and authorize: the City Clerk to advertise
for bids to be opened at 11:00 a.m., April 8, 1982.
(Report from Public Works)
12. ACCEPTANCE OF IMPROVEMENTS IN SITE PLAN REVIEW NO.
26 - Portion of Lot B, Tract No. 919, located at
2436 West Coast Highway, east of Tustin Avenue on
Mariners Mile; accept the public improvements
constructed in conjunction with Site Plan Review
No. 26; authorize the City Clerk to release the
Faithful Performance Bond (No. 008248); and release
Labor and Material Bond (No. 008248) in six months,
provided no claims have been filed. (Report from
Public Works)
13. APPROVAL OF REQUEST BY NEWPORT OUTRIGGER CLUB - to
store and launch canoes on public bay beach near
the street end at 18th and West Bay, subject to
conditions of approval listed in staff report.
(Report from Marine Department)
14. MAINTENANCE DREDGING APPLICATIONS - Approve the
following applications for maintenance dredging in
conjunction with conditions of approval listed in
the General Permit issued to the City by the Army
Corps of Engineers. (Report from Marine Depart-
ment)
108 -2124 Byron. Farwell 2124 E. Balboa Blvd.
110 -1112 Ken Volk 1112 E. Balboa Blvd.
15. BUDGET AMENDMENTS - For approval:
BA -090, $25,000.00 transfer from Appropriation
Reserve for reserve for Art and Cultural Promotion;
General Fund.
BA -091, $32,000.00 increase in Budget Appropria-
tions for installation of meters in A and B Street
Parking Lots; General Fund. (Report dated March 8,
1982 from Off- Street Parking Committee)
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Proposed resolution supporting Proposition 9 and
urging a "Yes" vote for the Peripheral Canal
Measure appearing on the June 8, 1982 Ballot, was
presented.
Volume 36 - Page 109
Rcnstrctn
C -2300
(38)
Site Plan
Rv#26
(84)
NptOtrgrClb
(51)
MntncDrdg/
Ap111108 &110
(51)
B/A (25)
Legislation
(48)
C U ME B RS
ROLL CALL
Motion
All Ayes
1
Motion
All Ayes
CITY OF NEWPORT BEACH
MINUTES
March 22, 1982
INDEX
PB &R /ArtsCmsn
(62)
Ord 82 -5
Signs /Signals
(85)
Council Member Plummer stated that she was not in
support of the resolution as she had some serious
concerns with respect to the ballot measure. One
of her concerns was that 85% of the water used in
the State was for agricultural purposes. She also
was offended with propaganda making the home user
feel guilty of wasting water. She stated that if
she were assured that the agriculturists were to
pay their share of this project, she possibly could
support the measure. In addition, she would like
to see a strong "push" to reuse, or recycle water.
Council Member Strauss stated that due to lack of
expertise in this area, he did not feel the Council
should support and /or oppose items such as the
resolution under consideration. He indicated that
is has been the policy in past years to not take
action either way on State -wide ballot measures,
resolutions of other cities, and various legisla-
tive matters.
Council Member Hummel stated he did not feel the
Council was that knowledgeable of both sides of
this issue in order to vote on it.
x
In view of the foregoing, motion was made to file
the proposed resolution. In addition, staff was
directed to research and report back as to whether
any studies have been done on the reusing /recycling
of water.
2. Request for approval of gift from Friends of the
Newport Beach City Arts Commission of representa-
tional painting to City, was presented.
In response to Council Member Cox, the City Manager
explained the purpose and intent of the subject
letter. He pointed out that in order for the City
to assume ownership of the subject art work, the
Council must officially accept the gift.
x
Motion was made to .approve, and accept the gift
from the Friends of the Newport Beach City Arts
Commission.
H. ORDINANCES FOR ADOPTION:
1. Ordinance No. 82 -5, being,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AMENDING SECTION 12.52.040
OF THE NEWPORT BEACH MUNICIPAL CODE TO ADD A
ONE -WAY DESIGNATION FOR HAZEL DRIVE BETWEEN
POPPY AVENUE TO THE ALLEY NORTH OF EAST
COAST HIGHWAY SOUTHBOUND,
was presented for adoption.
Report from the Traffic Affairs Committee dated
March 8, 1982, was presented.
Volume 36 - Page 110
INDEX
PB &R /ArtsCmsn
(62)
Ord 82 -5
Signs /Signals
(85)
Motion
A Ayes
Motion
All Ayes'
Motion
A yes
i
x
CITY OF NEWPORT REACH
L ME B RS MINUTES
ti s�o
S� March 22, 1982
x
x
Adopted Ordinance No. 82 -5.
It was suggested by Council Member Hummel that
the staff investigate the feasibility of removing
the paving underneath the so- called planter area
at the subject location.
I. CONTINUED BUSINESS:
1. Appointments to the Newport Beautification
Advisory Committee.
Council Members Plummer's (District 2) and Cox's
(District 7) remaining appointments deferred to
April 12, 1982.
2. Report from City Attorney regarding CORONA DEL
MAR SCHOOL /USC CONTROVERSY, was presented.
Copy of letter from Corona del Mar Community
Association to California Coastal Zone Conserva-
tion Commission opposing USC usage of Corona del
Mar Elementary School, was presented.
The City Attorney advised that the Coastal Com-
mission had denied the request of USC, and agreed
with the position of the people who live within
the area of the elementary school.
Following discussion, motion was made to receive
and file the subject. report. City School Liaison
Member to meet with School Committee, and report
back if any new development occurs relative to
USC.
3. Reports from City Attorney and Parks, Beaches and
Recreation Director regarding SIGNED AGREEMENT
FOR JOHN WAYNE SCULPTURE, were presented.
The City Manager summarized the background of the
John Wayne Sculpture, wherein it was noted that
$19,629 had been spent from donated funds for the
sculpture. However, an additional $13,000 was
needed in order for the artist to release the
completed art work.
It was pointed out in a letter from the Jaycees,
dated March 12, 1982, that two fund - raising
events were being planned for the John Wayne
Sculpure. One is in April in connection with the
Theatre Arts Group, and the second is in May
which will be the Jaycees John Wayne Festival at
the Edwards Theatre, Fashion Island. In addition,
they have some good leads on private and business
contributors.
Andy Matson, son of Chris Matson, the artist for
the John Wayne Sculpture, stated that to reproduce
the sculpture, for foundry work alone, at today's
cost, would be $120,000. He felt the sculpture
Volume 36.- Page 111'
NptBeau /CAC
(24)
CdM /USC
C -2317
(38)
John Wayne/
Sclptr
(24)
CITY OF (NEWPORT REACH
C UNCIL ME 8 RS MINUTES
ROLL_ CALLS n� 9 March 22, 1982 ihincv
was a "magnificent piece of art," and invited the
Council and members of the Jaycees to view it. He
stated that his father has had to file bankruptcy
because of loans he had to secure in order to
finish the sculpture:.
A. Z. Taft, Member of the City Arts Commission,
stated that since the Friends of the Arts Commis-
sion wish to donate some type of art work as a
gift to the City, it might be well to suggest they
consider donating those funds towards the purchase
of the John Wayne Sculpture.
Motion
x
Motion was made to disallow the agreement; notify
Chris Matson that he may dispose of the sculpture,
with the understanding that upon sale, reimburse-
ment of $19,629 would be expected for repayment of
donated funds.
William Littleton, Chairman, John Wayne Sculpture
Committee and Internal Vice President, Newport
Harbor Jaycees, stated it was true that the
Jaycees were commissioned to be the fund- raising
entity for the John Wayne Sculpture. The original
figure was $17,500, which they met. He stated
that the Jaycees in "no way" had anything to do
with the expansion, or the changing of the scope
of the sculpture. They also do not feel they are
responsible for Mr. Matson's financial situation.
In conclusion, Mr. Littleton stated he felt the
City was liable for completion of the sculpture,
inasmuch as a committee was commissioned by the
City for the project. However, they will continue
to attempt to raise funds for the work in order to
see the project completed. He stated that since
the sculpture was seen on Channel 7 Eyewitness
News, they have received at least six telephone
calls from individuals interested in donating
funds toward the sculpture, and therefore, sug-
gested the Council defer action at this time.
In response to Council inquiry, the City Manager
clarified the purpose and intent of Council Policy
F -20, Reserve Fund for Culture and Arts.
Motion
x
Following discussion, substitute motion was made
Ayes
x
x
x
to defer this item to April 12, inasmuch as other
Noes
x
x
donations are contemplated, and to allow Council
Members an opportunity to view the sculpture.
4. Report from the Planning Department regarding a
Hogan /SAna
request from DEBORAH AND JAMES HOGAN CONCERNING
Hghts Annex
POSSIBLE ANNEXATION OF A PARCEL OF LAND IN THE
(21)
UNINCORPORATED AREA OF SANTA ANA HEIGHTS, was pre-
sented.
Motion
x
Motion was made to defer this item to May 10, when
the entire Santa Ana Heights issue will be con-
sidered.
Volume 36 - Page 112
CITY OF NEWPORT REACH
C UNCIL ME 8 RS
MINUTES
ROLL CALK N"f$,
V\ March 22, 1982 1 NDEX
Jim Hogan, 323 Sapphire, Balboa Island, stated
that he bought property in Santa Ana Heights
approximately three years ago, with the understand-
ing it was in the City of Newport Beach. He stated
that they would like to initiate annexation by
filing application with the Orange County Local
Agency Formation Commission ( LAFCO). However,
LAFCO requires that all applications for annexa-
tions be accompanied by a resolution of the City
Council agreeing to adhere to the Master Property
Tax Agreement. Under the agreement, the public
agencies involved agree to divide property tax
revenues from the proposed annexation area accord-
'
ing to a predetermined formula developed in 1980.
Following receipt of the completed application,
LAFCO would address the annexation issue, and if
approved, the City would then review the annexa-
tion and take a vote as to whether to annex. He
urged the Council to allow him to proceed with the
application to LAFCO.
All Ayes
Following discussion, the motion to defer this
item to May 10 was voted on, and carried.
'
5. Report from Public Works regarding ENCROACHMENT
Lawrence/
AGREEMENT AND DECLARATION OF COVENANTS - RICHARD
/P 1717(A)
LEE LAWRENCE, was presented.
(88)
The Director of Public Works advised that this
item was carried over from the March 8 Council
meeting as questions were asked regarding the dec-
orative street lamps and other nonstandard improve-
ments proposed to be installed, and the timing of
construction.
The Public Works Director stated that copies of
drawings showing the street light configuration
and the general layout of the work in the side-
walk area were included with the staff report. He
had requested Richard Lawrence to attend the meet-
ing to answer questions and provide any additional
information required.
The City Attorney suggested that the security in
the amount of $75,000, which was required for pre-
viously approved improvements, also be applied to
the subject improvements to guarantee their comple-
tion by June 1.
It was noted that Mr. Lawrence, the Applicant, was
not in attendance.
Motion.
x
Motion was made to adopt proposed resolution ap-
Ayes
x
x
x
proving Encroachment Agreement and Declaration of
.Noes
X
Covenants for nonstandard improvements in the pub -
Abstain
x
lic right -of -way with Richard Lee Lawrence; and
authorize the Mayor and City Clerk to execute same
in connection with Use Permit No. 1717 (Amended) -
•
McFadden Place, Ocean Front and the adjacent alley,
with the provision that the security in the amount
of $75,000 previously submitted also apply to the
subject improvements as suggested by the City
Attorney, which motion FAILED.
Volume 36 - Page 113
CITY OF NEWPORT BEACH
C L ME 8 RS MINUTES
N\11R01 I Sn 9 March 22. 1982 1KJnPV
It was pointed out that pursuant to the City
Charter, a resolution must have four votes to
carry.
No further action was taken other than to direct
staff to inform the Applicant.
6. Report from the City Attorney concerning COUNCIL
PB &R /Cncl
POLICY F -18 (AMENDED) AND FUND RAISING GUIDELINES,
Plcy F -18
was presented.
(62)
A memorandum from the City Attorney in response
to letter from Beryl Melinkoff regarding Fund
Raising - Arts Commission, was presented.
Council Policy F -18 (Amended) was presented with
the new wording underlined, and explained by the
City Manager.
During course of consideration, it was suggested
the policy be revised to read:
"Except as set: forth herein, no board, com-
mission, or committee which has been estab-
lished by Charter or by the City Council,
shall have the authority to independently
raise and collect funds on behalf of itself,
or any other board, commission, committee of
the City unless the City Council authorizes
such fund raising subject to binding guide-
lines to be attached hereto and approved by
the City. Any such funds shall be generated
and collected through legally established
nonprofit groups and organizations which are
independent of: the City."
Motion
x
Following discussion and comments, motion was made
All Ayes
to not adopt Council. Policy F -18 (Amended), and
that it remain as originally written and approved
by Council on March 27, 1978, which reads:
"No board, commission, or committee which
has been established by Charter or by the
City Council, shall have the authority to
independently raise and collect funds on
behalf of itself, any other board, commission,
committee, or the City. Any such funds shall
be generated by and collected through legally
established nonprofit groups and organizations
which are independent of the City."
J. CURRENT BUSINESS:
1. Report from the Planning Department regarding
G/P Amnd
request for GENERAL PLAN AMENDMENT] was
presented.
(45)
It was pointed out in the staff report that the
•
requests for General. Plan Amendment are as follows:
a) The Stewart - Ullman Partnership requests
the land use designation for Lot 6 of
Volume 36 - Page 114
CITY OF NEWPORT BEACH
C UNCIL ME 8 RS MINUTES
ti yes s�� �o
ROLL_ CAL I n� 0 March 22 _ 1982 ► new
Tract 3232 (1401 Bayside Drive) be chang-
ed from "Recreational and Marine Commer-
cial to "Multi- Family Residential."
b) The Irvine: Company requests the .land use
designation for the parcel at the corner
of Fifth Avenue and MacArthur Boulevard
be changed from "Low- Density Residential"
to "Medium- Density Residential." This
parcel is 6.43 gross acres. Assuming a
20% acreage reduction for buildable
acres, it is estimated that a maximum of
twenty -one: dwelling units could be con-
structed under the Low- Density Residen-
tial designation and a maximum of fifty -
one dwelling units could be constructed
under the Medium- Density Residential
designation.
Dave Dmohowski, representing The Irvine Company,
in response to Council inquiry, stated that the
particular parcel in question is separate from the
parcels referred to in General Plan Amendment No.
81 -2. Their request: is based primarily on the
thought that low density residential in the subject
location is not appropriate, and therefore, they
are requiring a medium density classification,
which would allow for a clustering of units.
Mot -ion
x
Motion was made to return the requests to the
A
x
x
originators without action, which motion FAILED.
A
x
x
x
M _ n
x
Motion was made to initiate both of the requested
General Plan Amendments and direct staff to set
this item for public: hearing before the Planning
Commission after preparation of any necessary
environmental documents.
Motion
x
Substitute motion wars made to defer action on the
proposed amendments to future hearing sessions
based on Planning Department workloads and project
priorities.
In response to Council Member Hummel's inquiry
regarding the status of the Specific Area Plan
for Corona del Mar, the Planning Director advised
that it was No. 6 on the priority list of the
Planning Commission.
Ayes
x
x
x
Substitute motion was voted on, and carried.
Noes
x
x
2. Proposed ARGUMENT IN FAVOR OF MEASURE B, CONCERN-
Election /TOT
ING TRANSIENT OCCUPANCY TAX, as prepared by the
(39)
staff, was presented..
•
Volume 36 - Page 115
CITY OF NEWPORT BEACH
C UNCIL ME 8 RS MINUTES
\CAL\L<<ROLL Gn9 'A Marrh 22. 1989 inincv
Mayor Pro Tem Hart stated that the following
persons have volunteered for the citizens committee
to assist in promoting the ballot measure:
Jean Watt
Bill Lusk
Ron Hendrickson
Robert Shelton
Gary Schaumburg
There being no objections, the second paragraph of
the proposed argument was broken down into two
additional paragraphs, as suggested by Council
Member Strauss.
It was agreed that Council Members Strauss, Cox
and Hummel would sign the argument on behalf of
the City.
Motion
x
Motion was made to approve the argument in favor of
Ayes
x
x
x
x
Measure B, as set forth in the foregoing, with the
Abstain
x
signatures of Council Members Strauss, Cox and
Hummel, and to appoint those individuals as listed
by Mayor Pro Tem Hart to the citizens committee to
promote the ballot measure.
K. ADDITIONAL BUSINESS:
Motion
x
1. Motion was made to set a public hearing for April
Var 1088/
All Ayes
12, 1982, on Variance No. 1088 (Lido Marina
U/P 1956
Village), and Use Permit No. 1956 (Amended) (Magic
Island).
2. Jack Pouch addressed the Council stating he
represented Richard Lawrence, who had submitted an
application for an encroachment agreement that was
considered by the Council earlier in the meeting.
Mr. Pouch stated that he was outside the Council
Chambers at the time the Council acted on the item,
and therefore, requested it be considered at this
time.
Hearing no one in support of the request, no
action was taken.
Meeting adjourned at 11 p.m.
Mayor Pro
Tem
ATTEST:
Citiy Clerk
Volume 36 - Page 116