HomeMy WebLinkAbout07/12/1982 - Regular MeetingL
CITY OF NEWPORT BEACH
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: July 12, 1982
MINUTES
Present
x
x
x
x
x
x
x
A. ROLL CALL.
Motion
x
B. The reading of the Minutes of the Meeting of June
x
x
x
x
x
x
28, 1982, was waived, approved as written and
as
t ain
x
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:
2. With respect to proposed ordinance pertaining to
Residential Condominium Projects, (Agenda 'Item D -2)
the City Attorney advised that he was still waiting
for a legal opinion from the Fair Political Prac-
tices Commission with regard to a possible conflict
of interest on the part of a majority of Council
Members, and therefore, recommended this hearing
be continued to August 9, 1982.
The Mayor asked if there were any persons wishing to
give testimony on this item who could not attend
on August 9, to which there was no response.
Motion
x
Motion was made to continue the public hearing on
All Ayes
Agenda Item D -2 to .August 9, 1982.
1. Mayor Heather opened the continued public hearing
and City Council review of an APPEAL BY FICKER AND
RUFFING ARCHITECTS, NEWPORT BEACH, from the decision
of the Planning Commission on April 22,1982,
denying USE PERMIT NO. 1986, a request to permit
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the construction of a single - family residential
dwelling on property located in the C -1 -H District
where a portion of the development exceeds the
basic height limit within the 26/35-Foot Height
Limitation District, and the acceptance of an
Environmental Document. Property located at 1900
West Coast Highway, on the northerly side of West
Coast Highway across from the Balboa Bay Club.
Report from the Planning Department,.dated June 14,
1982, was presented.
The City Clerk reported that after the printing of
the agenda, a letter had been received from William
P. Picker, Architect, for the proposed dwelling,
dated July 12, 1982.
William P. Picker, Architect, 610 Newport Center
Drive, addressed the Council and displayed exhibits
depicting the location of the subject property. He
also showed slides of the site and pointed out
relationships to the proposed building.
Mr. Picker stated that since the filing of the
appeal, endorsements of the project have been
received from Cliff Haven Community Association,
as well as the immediate neighbor, Dr. Rebal.
SVolume
36 - Page 210
Zoning /Rsdntl
Condo Prj
PCA 568
(94)
U/P 1986
Picker /Ruffg
(88)
CITY OF NEWPORT BEACH
C L ME B RS MINUTES
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volume 3o - rage zii
Mr. Ficker advised that he had included with his
U/P 1986
letter some suggested additions to the conditions,
(88)
and one change to the conditions, should the
Council agree that approval is warranted. He also
encouraged the Council to accept suggested revision
to Condition of Approval No. 6, on page 7 of the
staff report.
In conclusion, Mr. :Ficker stated that the parcel in
question was "truly "a unique piece of property and
the proper place for a Use Permit application. He
did not feel approval would set a precedent and
urged the Council to give favorable consideration.
Thomas O'Keefe, Attorney representing Beverly Ray,
of Beverly and Partner Antique Store, addressed the
Council in opposition to the proposed project. He
stated that Ms. Ray is directly affected by the
project and they feel the proposed dwelling would
be "ostentatious," and not good planning. He
stated the application violates the 65 CNEL pro-
vision, as well as the Council's policy on coastal
bluffs. He urged denial of the request.
Ron Rebal, 1821 Kings Road, and Jim Helfrich, 1831
Kings Road, addressed the Council in favor of the
proposed project.
Hearing no others wishing to address the Council,
the public hearing was closed.
Motion
x
Following discussion, motion was made to sustain
Ayes
x
the decision of the Planning Commission, which
is
x
x
x
x
x
motion FAILED.
ion
x
Motion was made to overrule the recommendation of
the Planning Commission and grant the appeal, based
on findings designated as Exhibit "B," including
alternative Condition No. 6 (as set forth on page
7 of the staff report), suggested Conditions 28,
29 (Amended) and 30, and substitution of Condition
No. 26 as requested..
The Director of Public Works suggested Condition
No. 28 be amended to read:
"28. That no additional structure, except for
public improvements, be built westerly of the
proposed dwelling unit. That the owner provid
a covenant for the above, satisfactory to the
adjacent property owner, Dr. Rebal.
Council Member Cox recommended Condition No. 29 be
revised to read as follows:
"29. The owner is aware that the proposed
dwelling will be built in a commercial zone,
and next to an arterial highway, and that the
owner, lessee, heirs, successors and assigns,
will not actively oppose the normal activities
or construction anticipated in such commercial
zoning or highway right -of- way."
A0
x
x
x
x
x
x
Council Member Strauss agreed to the suggestions,
Noes
x
and the motion was voted on and carried.
volume 3o - rage zii
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CITY OF NEWPORT BEACH
July 12, 1982
MINUTES
82 -13
o Games/
572
3. Mayor Heather opened the public hearing regarding
Ordinance No. 82 -13, being,
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
• _
AMENDING TITLES 5 AND 20 OF THE NEWPORT BEACH
MUNICIPAL CODE TO REGULATE ELECTRONIC VIDEO
GAME MACHINES,
Planning Commission Amendment No. 572, a request
initiated by the City of Newport Beach to consider
amendments to Title 5 and Title 20 of the Newport
Beach Municipal Code establishing regulations
pertaining to the operation and location of elec-
tronic video game machines in the City of Newport
Beach.
Report from the Planning Department, was presented.
Discussion ensued with respect to the proposed
restrictions, which would regulate the location and
operation of video games as enumerated on page 2 of
the staff report.
Marjorie Malloy, 620 W. Balboa Boulevard, represent-
ing Newport Elementary School PTA Board, addressed
the Council in support of the ordinance. She
stated, however, that she felt the ordinance needed
to be strengthened and suggested that video game
machines not be permitted within one -half to one
mile from any school.
In response to Ms. M'alloy's comments, the City
Attorney advised that the problem with a footage
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requirement placed under the code, is that it sets
out a locational restriction and becomes a legal
problem. He stated that this has been challenged
in other areas and the restrictions were struck
down by the courts.
Elaine Linhoff, 1760 E. Ocean, stated she felt the
ordinance was unnecessary and unenforceable. She
also felt it was a waste of City funds and time.
John Rutlidge, 419 E. Balboa Boulevard, stated
that he was opposed to the ordinance and felt the
City was currently "saturated" with electronic game=
Donald R. Dean, 501 :Park Avenue, stated he owns a
restaurant on Balboa Island which has video games,
and he has not had a problem with the children
who visit his business. He feels problems result
from youths 18 years old and upward, who are in to
drugs, alcohol, etc.
Hearing no others wishing to address the Council,
the public hearing was closed.
Volume 36 - Page 212
82 -13
o Games/
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CITY OF NEWPORT BEACH
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ROLL C,6LL V � July 12, 1982
Motion
x
Following comments by Council Member Maurer, refer-
ance was made to the recommended regulations on
page 2 of the staff report, Items Nos. 1 through 7.
Motion was made to modify the subject ordinance,
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and reintroduce on July 26, with the deletion of
movie theatres from Item No. 1, and deleting Item
No. 7 in its entirety. In addition, City Attorney
to prepare appropriate language which would state
that the Planning Commission, or City Council may
provide for review of the use permit within a
specified period of time, subject to review of the
permit by the staff.
Motion
x
Motion was made to amend the ordinance to provide
Ayes
x
x
x
x
x
that no electronic video game machines shall be
Noes
x
x
permitted within 1,500 feet of any public or private
educational institution, which motion carried.
Ayes
x
x
x
x
x
x
The motion on the floor was voted on and carried.
Noes
x
4. Mayor Heather opened the public hearing regarding
Ord 82 -14
Ordinance No. 82 -14, being,
Time -Share
Prj /Zoning
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
PCA 573
AMENDING TITLES 3 AND 20 OF THE NEWPORT BEACH
(94)
MUNICIPAL CODE TO REGULATE THE DEVELOPMENT OF
TIME-SHARE PROJECTS WITHIN THE CITY OF NEWPORT
BEACH,
Planning Commission Amendment No. 573, a request
initiated by the City of Newport Beach to consider
amendments to Titles 3 and 20 of the Newport Beach
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Municipal Code establishing regulations pertaining
to time -share developments in the City of Newport
Beach.
Report from the Planning Department, was presented.
It was noted that the basic characteristics of the
ordinance were outlined on pages 1 and 2 of the
staff report. As an alternative course of action,
a copy of a suggested ordinance prohibiting time-
share uses within the City, was included for
consideration.
Dick Hogan, 436 Vista Puerota, addressed the
Council and stated he was only representing him-
self at this time. He stated that he recently
returned from a trip to Hawaii where he investi-
gated the use of time- shares and related some of
what he experienced. He felt that time -share uses
were very similar to hotel uses, and recommended
that time -share projects be eliminated from the
ordinance in the R -3 and R -4 zones.
Motion
N
During Mr. Hogan's presentation, he was granted an
All Ayes
additional five minutes to conclude his remarks.
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Volume 36 - Page 213
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Motion
Ayes
is ain
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X
X
CITY OF NEWPORT BEACH
MINUTES
July 12, 1982
Mr. Hogan also recommended that Section 20.76.040,
Modification or Waiver of Development Standards, be
deleted from the proposed ordinance and that minimum
standards be adopted if time -share uses are ap-
proved. In addition, he suggested that the Council
eliminate the requirement that the applicant sub-
mit copies of a substantially complete application
to the California Department of Real Estate for a
Final Subdivision Public Report. He felt the
City Attorney could determine if the application
complies with the laws of the State.
The following persons addressed the Council in
opposition to the proposed ordinance:
William Fundenberg, 808 W. Balboa Boulevard
William Shaver, 127 Via Nice
John Dryden, 3326 Via Lido
Hearing no others wishing to address the Council,
the public hearing was closed.
Motion was made to :introduce Ordinance No. 82 -14,
prohibiting the development of time -share projects
within the City, and to direct the City Attorney
to prepare supplemental findings for consideration
on July 26, 1982.
Council Member Cox stated that he was going to
abstain from voting for personal reasons.
The motion was voted on and carried.
5. Mayor Heather opened the public hearing and City
Council review of action taken by the Planning
Commission on June 10, 1982, to approve a TRAFFIC
STUDY, USE PERMIT NO. 2080, VARIANCE NO. 1092, AND
RESUBDIVISION NO. 724, applications of J.B.S.
DEVELOPMENT, CLAREMONT, which would allow the
construction of a retail commercial /office struc-
ture and related parking areas on the "FUN ZONE"
site which is bounded by Palm Street, East Bay
Avenue, Washington Street, and Edgewater Place on
Newport Bay in the Central area; zoned C -1.
Report from the Planning Department, was presented.
The City Clerk advised that after the printing of
the agenda, nine letters had been received in favor
of the "Fun Zone" project from the following
residents:
Dorothy Hardcastle, June Charles, Marilyn
Bunhardt, June Brown, Kenneth Tingey, Chriss
Street, Mary Reuland, Patricia Rumbellow,
and Paul Franklin.
Ms. Coralee Gapastione, Urban Strategy, represent-
ing the project applicant, addressed the Council
and stated they have been working on the proposal
for over one year. She felt the development would
blend harmoniously with the pavilion and revitalize
the "Fun Zone" area.
Volume 36 - Page 214
U/P 2086
"Fun Zone"
(88)
CITY OF NEWPORT BEACH
C UNCIL ME 8 RS MINUTES
ROLL CALL Sn �D July 12 _ 1982
-
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INDEX
The Council viewed a slide presentation of the site,
U/P 2080
and the proposed project.
"Fun Zone"
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James Salter, 1028 Ocean Front, President of JBS
Development, stated that the "Fun Zone" project has
been a community effort and that he was very pleased
and proud of the final design. He also felt the
development will meet economic requirements.
A. Z. Taft, Vice President of the Balboa Island
Improvement Association, stated that their associa-
tion saw the same slide presentatioD,which received
an overwhelming response, and they recommend approv-
al to the Council.
Carol South, President, Newport Harbor Area Chamber
of Commerce, submitted a letter in favor of the
project. She stated that the "Fun Zone" plan has
received broad support from area citizens, com-
munity associations, and business groups. She
urged the Council approve the plan.
Peter Boss (no address given), inquired about the
naming of the walkways within the "Fun Zone," and
suggested consideration be given to parking stickers
for local residents.
Buzz Person, 60511 W. Bay Avenue, President of Balboa
Improvement Association, addressed the Council in
support of the project. He stated, however, that
the association felt that, in the event of
structural damage to any of the buildings in ques-
tion, the property owner be permitted to rebuild
on the same footing with the same parking require-
ments.
In response to Council inquiry regarding bonding,
the City Attorney Bide reference to pages 146 and
147 of the staff report, which was a memorandum
from the Assistant City Attorney, and which address-
ed the points raised by Mr. Person. The City
Attorney stated that basically adjoining property
owners would be eligible for compensation in the
event of damage to their property; however, it is
the opinion of their office that the City would be
without power to grant to adjoining property owners
any particular right of reconstruction, or to waive
any of the provisions of the Newport Beach Munici-
pal Code.
John Rutlidge, 419 Balboa Boulevard, addressed the
Council in favor of the project. He expressed his
concerns regarding parking problems.in the area,
and suggested consideration be given to further
development of other parking areas on the peninsula
Ed Cusby, 505 E. Bay Avenue, stated that due to the
fire which destroyed the Balboa Rendezvous Ballroom
there is nowhere in the immediate area to dance.
He suggested some thought be given to providing a
place for dancing within the proposed project in
•
order to preserve that part of the cultural heri-
tage.
Volume 36 - Page 215
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Motion
All Ayes
eon
All Ayes
11
x
CITY OF NEWPORT BEACH
MINUTES
12, 1982
Billie Gabriel, 2880 Bayshore, stated that she was
a long -time resident and very much in favor of the
"Fun Zone" project.
Nancy Ridenshaw, 1240 W. Balboa Boulevard, stated
she felt the project would increase traffic, and
suggested a shuttle be considered with parking off
the peninsula.
Coralee Gapastione, in response to earlier comments
advised that one of the conditions of approval was
the placement of a traffic signal at Palm and
Balboa Boulevard. In addition, they are in the pro
cess of doing a very thorough traffic study of
the entire area.
At this time, motion was made to continue the
hearing to July 26, 1982.
E. PUBLIC COMMENTS:
1. Buzz Person, 605;1 W. Bay Avenue, President of the Building/
Balboa Improvement Association, addressed the Palm St
Council regarding the Balboa Hotel on Palm Street Hotel
which had been destroyed by fire recently.
The City Manager responded that the property owner
of the subject parcel had been notified and it was
anticipated the building will be demolished and
removed this week.
F. CONSENT CALENDAR:
The following actions were taken as indicated, except
for those items removed:
1. ORDINANCES FOR INTRODUCTION - Schedule for Public
Hearing on July 26, 1982:
(a) Proposed Ordinance No. 82 -15, being,
AN ORDINANCE OF THE CITY OF NEWPORT BEAC
AMENDING A PORTION OF DISTRICTING MAP NO
65 FROM THE P -C DISTRICT TO THE P -C /MHP
DISTRICT,
Planning Commission Amendment No. 574, a
request initiated by the City of Newport Bea
to amend a portion of Districting Map No. 65
from the P -C District to the P -C /MHP Distric
being that portion of the Irvine Subdivision
more commonly known as the De Anza Mobile Ho,
Park which is generally bounded by Newport B,
on the north and west, Newport Dunes on the
east, and East Coast Highway on the south.
(Report from the Planning Department)
(b) Proposed Ordinance No. 82 -16, being,
AN ORDINANCE OF THE CITY OF NEWPORT BEA
AMENDING TITLE 5, CHAPTER 13, SECTION 1
(F) OF THE NEWPORT BEACH MUNICIPAL CODE
CONCERNING INCREASE IN IMPOUND FEES
REGARDING TOWING CHARGES. (Report from
City Manager)
Volume 36 - Page 216
Ord 82 -15
P -C /MHP Zong
PCA 574
(94)
Ord 82 -16
Towing Chrgs
(70)
CITY OF NEWPORT BEACH
C UNCIL ME B RS
MINUTES
ROLL CALL
°1 - July 12, 1982 INDEX
(c) Proposed Ordinance No. 82 -17, being,
Ord 82 -17
Towing Hrs
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
(70)
•
AMENDING TITLE 5, CHAPTER 15, SECTION 110
(C) OF THE NEWPORT BEACH MUNICIPAL CODE
CONCERNING CHANGE IN BUSINESS HOURS
REGARDING CITY TOWING FIRM. (See report
with Agenda item F -1(b))
2. RESOLUTIONS FOR ADOPTION:
(a) Removed from the Consent Calendar.
(b) Resolution No. 82 -104 certifying the results
Elections/
of the Special Election held June 8, 1982 (Bed
Bed Tax (39)
Tax).
Res 82 -104
(c) Resolution No.,82 -105 approving the Memorandum
NB Police
of Understanding negotiated by representatives
M -O -U
of the Newport Beach Police Employees Associa-
Res 82 -105
tion and the City's representatives. (Report
C -2056
from Personnel)
(38)
(d) Resolution No. 82 -106 approving the Memorandum
NB Fire Fghtr
of Understanding negotiated by representatives
M -O-U
of the Newport Beach Fire Fighters Association
Res 82 -106
and the City's representatives. (Report from
C -2060
Personnel)
(38)
3. CONTRACTS /AGREEMENTS FOR APPROVAL:
(a) Approve Cooperative Agreement (No. 082 -40)
O/C-Bike Trl
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with the County of Orange for construction of
Constr
the Irvine Avenue Bike Trail (C- 2381), and
C -2342
authorize the Mayor and City Clerk to execute
(38)
said agreement. (Report from Public Works
Department)
(b) Approve Agreement for Funding of Four Cities
4- Cities Trsp
Transportation Study, and authorize the Mayor
Study
and City Clerk to execute said agreement.
C -2343
(Report from Public Works- Traffic Engineering)
(38)
(c) Approve and authorize the City Manager to ,
PacMut /Empl
enter into an Agreement with Pacific Mutual
Health Ins.
for Indemnity Health and Dental Plan, and
C -2344
Group Life and Accidental Death and Dismember-
(38)
ment Insurance for Employees, effective
August 1; and authorize termination of
Contract No. 1735 with Prudential Insurance
effective July 31, 1982. (Report from Person-
nel Director)
4. COMMUNICATIONS - For referral as indicated:
(a) Removed from the Consent Calendar.
•
Volume 36 - Page 217
CITY OF NEWPORT BEACH
C UNCIL ME B RS MINUTES
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ROLL CALL �e July 12, 1982
INUtA
(b) To staff for preparation of a development
U/P 2021 /Prk
agreement, letter from Dennis O'Neil, McDon-
Lido Tfk Sig
ough, Holland & Allen, Attorneys, regarding
Park Lido, Ltd, and installation of traffic
(88 & 85)
signal at Hospital Road and Placentia Avenue.
(c) To Personnel Department for inclusion in their
Personnel/
records, letter from former employee Richard
Retiremt Pln
W. Heinecke regarding health plan to include
(66)
retirees.
(d) To Pending Legislation and Procedural Ethics
Resolutions/
Committee, Resolution of the City of Seal
Seal Beach
Beach requesting the State to fund certain
(77)
portions of the costs of the 911 Emergency
Telephone System.
(e) To Fire Department for reply, letter from Ron
Fire /Paramed
Jackson, Newport Beach regarding combined
(41)
services by Costa Mesa and Newport Beach
Paramedics.
(f) To Pending Legislation and Procedural Ethics
Legislation/
Committee, request from City of Anaheim con -
AB 2660
cerning AB 2660 (South Coast Air Quality
(48)
Management District).
(g) To City Clerk for reply, letter of Willard
0/C Housg
Wade requesting approval for appointment by
Comsn
the League of California Cities to the Housing
(54)
Commission of the Orange County Housing Author
ity.
•
5. COMMUNICATIONS - For referral to the City Clerk for
inclusion in the records:
(a) Copy of letter to the Planning Department
regarding request from H. E. Kelley for
confirmation of zoning at 3336 Via Lido.
(b) Letter from Al "King Alfonso" Lizanetz re-
garding his ongoing campaigns against the
Seagram's Family and cancerous diseases.
(c) Letter from Corona del Mar Chamber of Commerce
President James B. Wood, thanking the City and
participants of the lst Annual Corona del Mar
Scenic 5K.
(d) Letter of thanks from Bobby Lovell on behalf
of the Committee convening the Conference on
Homeless Women.
(e) Letters of thanks from Veronica M. Young, and
James C. Rowe for allowing the Christian new-
wave concert to take place on the beach at
51st Street, on Friday, June 25.
(f) Minutes of Local Agency Formation Commission
of Orange County-for June 9, 1982.
•
(g) Application before the Public Utilities Com-
mission of 24 -Hour Airport Express, Inc.
Volume 36 - Page 218
CITY OF NEWPORT BEACH
C UNCIL ME B RS MINUTES
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ROLL CALL �j+� •p July 12, 1982
INDEX
6. CLAIMS FOR DAMAGES - For denial and confirmation of
the City Clerk's referral to the claims adjuster:
(a) Anton J. Boett:o for property damage, alleging
Boetto
broken window and screen sustained from base-
ball during City league game at Ensign Play -
ground on June: 9, 1982.
(b) Bennett Ira Goldberg for reimbursement of
Goldberg
personal belongings allegedly taken by police
department and not returned when he was
arrested on.April 25, 1982.
(c) Sybille Kemble for reimbursement of plumbing
Kemble
bill due allegedly to sewer lateral breaking
in street at 1,730 Newport Hills Drive on May
28, 1982.
(d) Kurt W. Rietsch for property damage and per -
Rietsch
sonal injuries allegedly due to City service
truck hitting his vehicle while waiting for a
red light at Pacific Coast Highway at Superior
on June 23, 1982.
(e) Gary Stein fox property damage alleging his
Stein
vehicle was struck by City police vehicle at
47th Street on May 1, 1982.
(f) Robert V. Walker for personal injuries alleged
Walker
ly sustained from City Police Officers while
arrested on March 20, 1982.
(g) Kendall F. Haven for reimbursement of print
Haven
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displayed at Balboa Branch Library approxi-
mately from June 14 to June 27, which fell
from the wall and was destroyed.
7. SUMMONS AND COMPLAINTS - For confirmation of the
City Clerk's referral to the claims adjuster:
(a) Patricia Ann Ailes' First Amended Complaint
Ailes
for Damages, Orange County Superior Court,
Case No. 37- 68 -39. Claim was filed with City
on December 10, 1981, and denied by Council on
January 11, 1982.
(b) Faye Bram for damages, Orange County Superior
Bram
Court Case No. 376103. Claim was filed with
the City January 4, 1982 and denied by Council
on January 12, 1982.
8. REQUEST TO FILL PERSONNEL VACANCIES - For approval:
°
(Report from the City Manager)
(a) One Chief Building Inspector, Building Depart-
ment.
(b) One Maintenance Man I (Concrete), General
Services Department.
Volume 36 - Page 219
CITY OF NEWPORT BEACH
MINUTES
July 12, 1982
(c) One Police Clerk I, Police Department.
(d) One Personnel Clerk, Personnel Department.
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9. STAFF AND COMMISSION REPORTS:
For Council information and filing -
(a) Report from the Assistant to the City Manager
Teleprompti
regarding TELEPROMPTER -GROUP W CABLE MERGER.
CATV (42)
(b) Removed from the Consent Calendar.
For Council information and approval -
(c) Removed from the Consent Calendar.
10. PUBLIC HEARING SCHEDULING: None.
11. BUDGET AMENDMENTS - For approval:
(25)
BA -001, $640.00 Transfer of Budget Appropriations
for Special Trash Pickup for Peninsula Point for
September 25, 1982; General Services - Refuse Fund.
(Letter from General Services Director)
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from the Traffic Affairs Committee regarding
A/B St Pkg
PARKING METERS INSTALLED IN THE A AND B STREET
Meters
PARKING LOTS, was presented.
(63)
Council Member Plummer stated that she felt the
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percentage configuration of the blue and silver
meters in the A and B Street lots should be re-
viewed as a result of recent public input and
petitions received from residents in the area.
Buzz Person, 605;5 W. Bay Avenue, President of
Balboa Improvement Association, stated that when
the meters were installed, it was his understanding
that the lots would provide more public parking for
more people. He stated it would be difficult to
satisfy all those who use the lots, and indicated
that they would live: by whatever decision was made
with respect to the meter percentage configuration.
He also indicated hat did not feel the purpose
of the lots was to provide residential parking.
Georgia Mahoney, 814 E. Ocean Front, corner of A
Street parking lot, discussed the parking problem
with the lots and stated that she was just one of
many in the area who does not have a garage or a
parking space. She stated that the A and B lots
are full the majority of the time, and it was very
difficult to find a parking space in either lot.
She stated that the A Street lot begins to fill up
at 4 a.m. with fishermen, then the beach - goers.
She felt the residents got the "short -end" of the
stick when the meters were installed, and urged
the Council to reconsider their request for a
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change in the percentage configuration.
Volume 36 - Page 220
CITY OF NEWPORT BEACH
C UNCIL ME B RS MINUTES
tiG 9�
ROLL CALL n� ^D July 12, 1982
INDEX
Motion
x
All Ayes
Following discussion, motion was made to approve
the configuration of 50% blue meters in the and
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B Street parking lots, with the request that staff
monitor and report back when deemed appropriate.
2. Letter from the Mayor OPPOSING THE APPLICATION OF
Sta Ana Hgts/
THE GENERAL PLAN IMPLEMENTING ZONING DISTRICT AND
Annex (21)
THE NEGATIVE DECLARATION FOR SANTA ANA HEIGHTS, was
presented.
Motion
x
Motion was made to add a sentence at the close of
All Ayes
the letter stating, "We respectfully request your
response to each of the fundamental issues raised
in this letter."
3. A letter from Virginia L. Fouts regarding ONE -WAY
TAC /Hazel Ave
TRAFFIC ON HAZEL AVENUE, was presented.
(85)
Council Member Hummel stated that he responded to
Mrs. Fouts regarding her statements to the press,
which he felt were an irritant to him. He stated
that he felt the Council's action to make Hazel
Avenue one -way north of Pacific Coast Highway, was
appropriate, inasmuch as hearings were held before
the Traffic Affairs Committee and the City Council.
He stated, for the record, that he felt he repre-
sented his constituents in a democratic process,
with public hearings as required.
Motion
x
Motion was made to refer the subject letter to the
All Ayes
Traffic Affairs Committee for reply, with copy to
City Council.
•
4. Proposed resolution establishing a Housing Task
CD /Block Gr
Force to investigate the City's participation in
Mrtg Rvnu Bnd
the Community Development Block Grant and Mortgage
Prg /Housing
Revenue Bond Programs, with report from the Plan-
Task Force
ning Department, were presented.
(68)
Motion
x
Motion was made to adopt Resolution No. 82 -103, and
All Ayes
amend page 2 of subject resolution to reflect that
the Housing Task Force Committee shall consist of
two Council Members and the Mayor, or the Mayor
Pro Tem, and two Planning Commissioners.
There being no objections, Council Members Cox
and Maurer were appointed as the Council's represen
tatives. Planning Commissioners King and Balalis
were also appointed..
I. CONTINUED BUSINESS:
Mayor Heather requested Agenda Item I -1, regarding
Election/
the Referendum for GPA 81 -1 be considered at this
GPA 81 -1
time.
Referendum
(39)
1. Report dated June 7, 1982, with supplemental re-
port from the City Attorney regarding REFERENDUM
GPA 81 -1 (BANNING - NEWPORT RANCH), was presented.
•
Volume 36 - Page 221
Motion
Ayes
Noes
ion
All Ayes
Motion
Ayes
Noes
on
Ayes
Absent
L
1x11 xlIx
CITY OF NEWPORT BEACH
MINUTES
12, 1982
Motion was made to adopt proposed resolution rep
ing Resolution No. 82 -41, which approved General
Plan Amendment 81 -1, which motion FAILED.
Motion was made to adopt Resolution No. 82 -107,
Calling and Giving Notice of a General Municipal
Election.
Motion was made to select the ballot language
(designated as Option 2), which reads: "Shall
Resolution No. 82 -41, approving the Banning/Newport-
Mesa Unified School District General Plan Amendment
81 -1, be repealed ?" and to adopt Resolution No.
82 -108, requesting the Board of Supervisors of the
County of Orange to Consolidate a regular Municipal
Election of the City to be held on November 2,
1982 with the Statewide General Election to be held
on said date pursuant to Section 23302 of the
Elections Code.
Louise Greeley, Chairperson.for West Newport Legis-
lative Alliance, spoke in favor of Option No. 3 for
the ballot language, stating she felt the wording
was more "clear- cut."
Allan Beek, 2007 Highland Avenue, also spoke in
support of Option No. 3.
The motion on the floor was voted on and carried.
Motion was made to appoint Council Members Maurer
and Cox to prepare the argument for the ballot
measure, and to adopt Resolution No. 82 -109. In
addition, the City Clerk was directed to transmit
a copy of the measure to the City Attorney to pre-
pare an impartial analysis.
Mayor Heather excused herself from the meeting at
this time, and Mayor Pro Tem Hart took the Chair.
Loren Greeley, 16 Swift Court, addressed the Coun
and indicated he felt the developer for the Banni
Newport Ranch project should have been present to
make a statement regarding the ballot measure.
H. ORDINANCES FOR ADOPTION:
1. Ordinance No. 82 -7, being,
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING SECTION 12.40.055 AND 11.08.040
OF THE NEWPORT BEACH MUNICIPAL CODE REGARD-
ING "PARKING OF CERTAIN VEHICLES IN RESIDEN-
TIAL DISTRICTS AND RESIDING IN VEHICLES,"
was presented for adoption.
• I I I I I I I I Volume 36 - Page 222
Res 82 -107
Res 82 -108
Res 82 -109
Ord 82 -7
Pkg /Cml Veh/
Trailers
(63)
x
x
x
x
x
x
x
x
x
1x11 xlIx
CITY OF NEWPORT BEACH
MINUTES
12, 1982
Motion was made to adopt proposed resolution rep
ing Resolution No. 82 -41, which approved General
Plan Amendment 81 -1, which motion FAILED.
Motion was made to adopt Resolution No. 82 -107,
Calling and Giving Notice of a General Municipal
Election.
Motion was made to select the ballot language
(designated as Option 2), which reads: "Shall
Resolution No. 82 -41, approving the Banning/Newport-
Mesa Unified School District General Plan Amendment
81 -1, be repealed ?" and to adopt Resolution No.
82 -108, requesting the Board of Supervisors of the
County of Orange to Consolidate a regular Municipal
Election of the City to be held on November 2,
1982 with the Statewide General Election to be held
on said date pursuant to Section 23302 of the
Elections Code.
Louise Greeley, Chairperson.for West Newport Legis-
lative Alliance, spoke in favor of Option No. 3 for
the ballot language, stating she felt the wording
was more "clear- cut."
Allan Beek, 2007 Highland Avenue, also spoke in
support of Option No. 3.
The motion on the floor was voted on and carried.
Motion was made to appoint Council Members Maurer
and Cox to prepare the argument for the ballot
measure, and to adopt Resolution No. 82 -109. In
addition, the City Clerk was directed to transmit
a copy of the measure to the City Attorney to pre-
pare an impartial analysis.
Mayor Heather excused herself from the meeting at
this time, and Mayor Pro Tem Hart took the Chair.
Loren Greeley, 16 Swift Court, addressed the Coun
and indicated he felt the developer for the Banni
Newport Ranch project should have been present to
make a statement regarding the ballot measure.
H. ORDINANCES FOR ADOPTION:
1. Ordinance No. 82 -7, being,
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING SECTION 12.40.055 AND 11.08.040
OF THE NEWPORT BEACH MUNICIPAL CODE REGARD-
ING "PARKING OF CERTAIN VEHICLES IN RESIDEN-
TIAL DISTRICTS AND RESIDING IN VEHICLES,"
was presented for adoption.
• I I I I I I I I Volume 36 - Page 222
Res 82 -107
Res 82 -108
Res 82 -109
Ord 82 -7
Pkg /Cml Veh/
Trailers
(63)
CITY OF NEWPORT BEACH
C UNkd18Pn'P\0 RS a ni i r®i i Julv 12. 1982
MINUTES
INDEX
m/
l=
Report dated June 28, 1982 from Assistant to the
City Manager, was presented.
Letter from Newport Crest Homeowners Association
•
regarding Recreational Vehicle Ordinance, was
presented.
The City Clerk advised that after the printing of
the agenda, a letter was received from Ralph Bonds,
opposing the ordinance.
Ralph Bonds, 312 St. Andrews Road, spoke in oppo-
sition to the ordinance. He stated that he felt
the ordinance was unnecessary due to the small
number of recreational vehicles in the City.
It was pointed out by the City Council that storage
and encampment of recreational vehicles was the
primary concern and purpose of enacting the ordi-
nance.
Motion
x
Motion was made to adopt Ordinance No. 82 -7, and
All Ayes
accept and approve an Environmental Impact Document
(Negative Declaration).
I. CONTINUED BUSINESS:
2. ENVIRONMENTAL QUALITY CITIZENS ADVISORY COMMITTEE.
EQ /CAC
(24)
Motion
x
Motion was made to defer (District 2) Council
All Ayes
Member Plummer's appointment to fill the unexpired
term of David Goff (who.was appointed to the Plan-
ning Commission), ending December 31, 1982, to
July 26, 1982.
3. APPEAL OF STAFF'S DENIAL BY RICHARD JORDAN TO
Encroac h
ENCROACH 3'8" into public right -of -way at 209 East
Jordan
Bay Front, Balboa Island.
(65)
Report dated June 14, 1982 from the Public Works
Department, was presented.
Letter from Little Balboa Island Property Owners
Association regarding the appeal, was presented.
It was noted that the Appellant was not present.
Motion
x
Motion was made to uphold the recommendation of
All Ayes
the staff and deny the appeal.
J. CURRENT BUSINESS:
1. APPEAL OF STAFF'S DENIAL BY MR. AND MRS. LEONARD
Sidewalk /
W. MILLER FOR BRICK SIDEWALK AND DRIVEWAY, SUBJECT
Constr
TO APPROVAL OF USE OF NON -SKID BRICK at 501 W.
Miller(8C
Edgewater, Newport Beach.
Report from the Public Works Department, was
presented.
•
Volume 36 - Page 223
m/
l=
Motion
All Ayes
0
CITY OF NEWPORT BEACH
MINUTES
July 12, 1982
Letter from Leonard W. Miller regarding his appeal, Sdwlk /Drvwy
was presented. Miller
Leonard Miller, Appellant, presented photographs of
the.property in question, and a sample of the type
of brick proposed to be used for the sidewalk and
driveway approach.
The Director of Public Works advised that when this
type of an encroachment has been approved in the
past, it has been subject to the terms of a main-
tenance agreement, whereby the property owner
agrees to install the improvements in accordance
with City requirements and specifications, and to
bear the cost of the maintenance should it be nec-
essary, including deterioration of the surface, and
the need to transfer utilities. He stated the
agreement is also recorded and binding on the
successors and interests of the property owner and
would run with the land.
Mr. Miller stated that he would be agreeable to
entering into a maintenance agreement, as set forth
by the Director of Public Works.
Following discussion, motion was made to approve
the application, subject to the execution of an
encroachment agreement for the nonstandard improve-
ments, and further, that the property owner be
responsible for a maintenance agreement, which
would run with the property and binding its succes-
sors and including a hold harmless provision. In
addition, the curb and adjacent street to be
repaired, as volunteered, by the property owner.
K. ADDITIONAL BUSINESS: - None.
L. The meeting was adjourned at 12:45 a.m., July 13,
1982.
ATTEST:
Volume 36 - Page 224