HomeMy WebLinkAbout01/24/1983 - Regular MeetingREGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: January 24, 1983
MINUTES
IND X
Present
x
x
x
.x
x
x
x
A. ROLL CALL.
M on
x
B. The reading of the Minutes of the Adjourned
eyes
Meeting of January 4, and Regular Meeting of
January 10, 1983, was waived, approved as
written, and order filed.
Motion
x
C. The reading of all ordinances and resolutions
All Ayes
under consideration was waived, and the City
Clerk was directed to read by titles only.
D. HEARINGS:
1. Mayor Hart opened the public hearing and City
U/P 3013
Council review of USE PERMIT NO. 3013, a
Pease
request of HARVEY D. PEASE AND BOMELL PEASE,
(88)
Corona del Mar, approved by the Planning
Commission on December 9, 1982, to allow the
construction of a fourth level observation
deck on an existing duplex in the R -3 District
which exceeds the basic height limit on the
rear one -half of the lot in the 28/32 Foot
Height Limitation District. Property located
at 314 Carnation Avenue, on the easterly side
of Carnation Avenue, between Seaview.and
Bayside Drive in Corona del Mar.
Report from the Planning Department was
presented.
The City Manager summarized the nine (9)
conditions of approval as recommended by the
Planning Commission. He stated that the staff
is recommending waiver of Condition No. 7,
which requires "that the owner tender an
irrevocable offer of dedication for that
portion of the abandoned Carnation Avenue
located on the subject property.1P .
Harvey Pease, 304'k Collins Avenue, Applicant,
addressed the Council and requested 15 minutes
in which to make his presentation.
Motion
x
Motion was made to grant the request and there
being no objections, it was so ordered.
Mr. Pease made reference to each of the nine
conditions of approval, indicating he felt.
Conditions No. 5 and 8 were 1°unreasonable."
He also indicated he had complied with some of
the conditions. He urged the Council approve
the Use Permit, subject to the waiver of
certain conditions.
Motion
x
Hearing no others wishing to address the
All Ayes
Council, motion was made to close the public
hearing.
Motion
x
Motion was made to sustain the decision of the
•
Planning Commission as recommended.
Vnl„mo q7 90
Motion
0
Motion
Ayes
Noes
Motion
All Ayes
All Ayes
•
,0
x
x
x
x
�7ji Ed
MINUTES
January 24, 1983
Substitute motion was made to sustain the /P 301D
decision of the Planning Commission, with the
deletion of Condition No. 7, and with the
requirement that the Applicant shall finance
one -half of the guardrail to be installed at
the Carnation Avenue street end.
Mr. Pease approached the podium and indicated
he wished to be heard again.
Motion was made to grant Mr. Pease an
additional three minutes for comments.
Mr. Pease responded to remarks of Council
Member Heather relative to request of Gary
Malazian (Use ;Permit No. 2089) to develop
property across from Mr. Pease on Carnation
Avenue.
Motion was made to close the public hearing.
The motion on the floor was voted on and
carried.
2. Mayor Hart opened the public hearing and City
Council review of USE PERMIT NO. 3011 AND
RESUBDIVISION NO. 737, requests of ALEJANDRO
BULAJICH AND N.V. TXOMIN, Balboa Island,
approved by the Planning Commission on
December 9, 19132, to reclassify property and
allow construction of a three - story,
commercial /residential condominium structure
which exceeds the basic height limit in the
26/35 Foot Height Limitation District. The
proposal also includes a modification to the
Zoning Code so as to allow the use of a
substandard parking aisle width with
wider- than - standard parking spaces. Property
located at 411 and 413 -30th Street, on the
northerly side of 30th Street between Newport
Boulevard and Villa Way, in Cannery Village;
0"Iff
3. Public hearing regarding ORDINANCE NO. 83 -5,
being,
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING A PORTION OF DISTRICTING MAP NO.
8 TO RECLASSIFY PROPERTY FROM THE M -1
(MANUFACTURING) DISTRICT TO THE C -1
(LIGHT COMMERCIAL) DISTRICT,
PLANNING COMMISSION AMENDMENT NO. 581, a
request initiated by ALEJANDRO BULAJICH
AND N.V. TXOMIN, Balboa Island, to amend
a portion of Districting Map No. 8 so as
to reclassify property from the M -1
District to the C -1 District, and the
Volume 37 - Page 30
/P 3011/
esub 737
(88)
1 83 -5
1 /C -1
(94)
IPCA 581
MINUTES
imi
R
9
i
acceptance of an Environmental Document. Property
U/P 3011/
located at 413 -30th Street, on the northerly side
Resub 737
of 30th Street between Newport Boulevard and Villa
•
Way, in Cannery Village.
Ord 83 -5
PCA 581
Reports from the Planning Department were
presented.
Brion S. Jeannette, Architect, representing
the Applicant, addressed the Council and
explained elevations and drawings on display.
Mr. Jeannette stated that due to the reduction
in size of the proposed building, as
recommended by the Planning Commission, they
have a loss of 1342 square feet which they
feel is a tremendous hardship and puts the
project in jeopardy.
Mr. Jeannette stated that existing zoning
ordinances allow:
C -1 Development @2 x Buildable= 9960 sq..
ft.
CR Development @1.5 x Buildable= 7470 sq.
ft.
Proposed Project is 1.27 x Buildable=
6322 sq. ft.
It was noted that 1 x Buildable= 4980 sq. ft.
Mr. Jeannette commented that if it is the
intent of the Planning Commission to reduce
the total buildable area, it should be done
through the public hearing process, rather
than "spot down zoning."
Mr. Jeannette submitted a letter in support of
the project from Los Angeles Federal Savings,
Newport Beach office, 3201 Newport Boulevard.
In conclusion, Mr. Jeannette requested that
Condition No. 2 be deleted which places a
limit of 1.0 times the buildable area on the
subject property.
Alex Bulajich, Applicant, addressed the
Council in support of his request. He stated
that the building was designed within the
requirements of the Zoning Code for the area,
but was reduced in buildable area by the
Planning Commission. He displayed photographs
of businesses on 30th Street. He stated the
building would be an asset to the community,
and urged its approval.
•
R
9
i
MINUTES
INDEX_
U/P 3011/
Resub 737
Ord 83 -5
PCA 581
Ord 83 -6
Recreatul/
Zoning
(94)
PGA 578
The following persons addressed the Council in
favor of the proposed project:
•
Susie Ficke:r, 110 Ninth Street
Sharon Hare, 631 Promontory Drive
Jose Maria Sanchez - Pagano, 310 Ruby Ave.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to modify the decision of the
Planning Commission by substituting 1.27 x
Buildable in Condition No. 2.
Ayes
x
x
x
Discussion ensued with respect to parking in
Noes
x
x
x
x
the area, the new concept of mixed use, etc.,
and following consideration, the motion was
voted on and FAILED.
Motion
x
In view of the foregoing, motion was made to
Ayes
x
x
x
x
x
sustain the decision of the Planning
Noes
x
x
Commission based on the findings and
conditions designated as Exhibit "A,"
regarding USE PERMIT NO. 3011 AND
RESUBDIVISION NO. 737.
Motion
x
Motion was made to adopt Ordinance No. 83 -5,
All Ayes
amending a portion of Districting Map No. 8.
4. Mayor Hart opened the public hearing regarding
ORDINANCE NO. 83 -6, being,
•
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
REPEALING CHAPTER 20.75 (ELECTRONIC VIDEO
GAME MACHINES) OF THE NEWPORT BEACH
MUNICIPAL CODE AND AMENDING CHAPTER 20.87
(DEFINITIONS) BY ADDING THERETO, SECTION
.264, (RECREATIONAL ESTABLISHMENT),
DEFINING TERM, USE OR PURPOSE,
PLANNING COMMISSION AMENDMENT NO. 578, a
request initiated by the City of Newport
Beach to repeal Chapter 20.75 and amend
Chapter 20.87 of the Newport Beach
Municipal Code, and the acceptance of an
Environmental Document.
Report from the Planning Department was
presented.
Dick Nichols, 51.9 Iris Avenue, addressed the
Council, and made reference to a
restaurant /bar in the area where four of five
electronic video games are located, and cited
problems which the video games have created.
Mr. Nichols was requested to contact the staff
with the location, wherein staff .could
investigate and report back.
Mn
x
Motion was made to adopt Ordinance No. 83 -6.
Al Ayes
-
Vnlnma 17 — Pneu 19'
INDEX_
U/P 3011/
Resub 737
Ord 83 -5
PCA 581
Ord 83 -6
Recreatul/
Zoning
(94)
PGA 578
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
61 0
RAi i PAS � tn,�'Q�tPS January 24, 1983 INDEX
5. Mayor Hart opened the public hearing regarding
Ord 83 -7
ORDINANCE NO. 83 -7, being,
Park Lido/
ev
•
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
/P 202 2021
APPROVING A DEVELOPMENT AGREEMENT BETWEEN
(88)
THE CITY 01' NEWPORT BEACH AND PARK LIDO,
LTD.,
DEVELOPMENT AGREEMENT NO. 1 - The City of
Dev Agm 1
Newport Beach has requested, and Park
Lido, Ltd., has agreed, to advance fifty
percent of the cost of the installation
of a traffic signal at the intersection
of Hospital Road and Placentia Avenue in
consideration of the City providing Park
Lido, Ltd., with continuance of their
right to develop the property in
accordance with the approved Traffic
Study and the acceptance of an
Environmental Document. A modification
in the City's Parking Standards is also
requested to permit compact car parking
on the site to be further approved by the
City Traffic Engineer.
Report from the Planning Department was
presented.
Letter from Margot Skilling was presented.
It was noted by the City Manager that while
the Development Agreement does not change any
use of the property or intensity of
•
development beyond that previously approved,
it does guarantee City approval of the project
over a three year period and substantial
savings in excavation and construction costs
of the subterranean garage by the use of the
compact parking stalls. Both of these
guarantees are extremely beneficial to the
developer. In exchange for these benefits,
the staff would suggest that Park Lido be
required to pay.one hundred percent of the
construction and installation costs of the
traffic signal. One -half of this sum
($40,000) would be paid to the City prior to
the award of the contract for installation of
the signal, and the other one -half would be
paid to Hoag Hospital as reimbursement costs
prior to the issuance of grading and building
permits. Consistent with this recommendation,
Section 5B (Page 4) of the Agreement, should
be amended accordingly.
Dennis O'Neil, representing the Applicant,
stated that they would like to proceed with
the agreement as originally intended; however,
if they are required to pay 100% of the
construction and installation of the traffic
signal, then they would request it be approved
•
on that basis. lie reminded the Council that
Volume 37 - Page 33
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
\CAI o ROL L \January Z 24_ 14R3 lunew
the contribution of Park Lido, Ltd., with respect
rd 83 -7
to the traffic signal, was voluntarily submitted
Park Lido
and not a requirement on the part of the City. In
Dev Agm
addition, the design of the structure was limited
to two - stories with all subterranean parking, to
satisfy some of the concerns of the people living
in the area.
Margot Skilling, 6610 West Ocean Front,
addressed the Council in opposition to the
proposed development agreement. She stated
that a traffic signal was badly needed at the
subject location, and she was not opposed to
development agreements in general. However,
she did not feel a development agreement
should be predicated on a traffic signal. She
referred to her letter of January 14, 1983,
wherein she suggested the Council read the
Traffic Study prepared by J.E.F. Consultants,
in which they state a 25,000 sq. ft. medical
building proposed by Mallard could not pass
the City's Traffic Phasing Ordinance. She
stated that this proposal is on Superior
Avenue approximately one block from the 65,00
sq. ft. addition requested by Park Lido.
Susan McBrien, 1812 Antigua Circle, addressed
the Council relative to the Park Lido Traffic
Study, and clarification of Council Member
Strauss's motion on May 24, 1982, which
stated:
•
"...that this item be brought back to the
Council for review, if it is determined
that there is a deviation from the zoning
regulations which is traffic related, an
which would impact on the findings of the
existing traffic study."
Mrs. McBrien indicated she felt the Traffic
Study needed further study, as well as certain
items in the Negative Declaration and Initial
Study.
Michael Stephens, Administrator, Hoag
Hospital, addressed the Council regarding the
traffic signal, stating their initial offer of
$40,000 to cover a portion of the cost was
made in hopes it would speed the installation.
He stated that the subject intersection was
"treacherous," ,and cited recent accidents.
With respect to the proposed development
agreement, he stated that they have not taken
a position.
Maurice Graham, Building Manager of Newport
Medical Plaza across the street from Park
Lido, addressed the Council and stated he was
not opposed to the proposed building; however,
he did have some concerns with respect to
.
parking, which lie expressed. He indicated he
was primarily concerned with adequate parking
during the nine months of construction.
Volume 37 - Paee 34
, xM6
_. Janu
1
Mot
Mot
Aye
Noe
• •
MINUTES
24. 1983
INDEX
e 37 P 35
um - age
Mrs. McBrien addressed the.Council again O
Ord 83 -7
_ r
regarding the handling of modifications to the P
Park Lido
Development Agreement, to which the Acting D
Dev Agm
® D
City Attorney responded.
Hearing no others wishing to address the
Council, the public hearing was closed.
ion x
x M
Motion was made to adopt Ordinance No. 83 -7,
approving Development Agreement No..l between
the City of Neport Beach and Park Lido, Ltd.,
with the stipulation that the developer pay
50% of the traffic signal installation as
originally agreed to.
Council Member Plummer suggested that staff
share dialogue with Hoag Hospital relative to
the feasibility of an alternate route from
Pacific Coast Highway to the hospital, which
she felt would alleviate a great deal of
traffic on Hospital Road.
ion x
x F
Following comments by Council of the motion on
a x
x x
x x
x x
x x
x t
the floor, substitute motion was made to adopt
s x
x x
x O
Ordinance No. 83 -7, approving Development
Agreement No. 1 between the City of Newport
Beach and Park Lido, Ltd., with the provision
that the developer pay 100% of the
construction and installation costs of the
traffic signal, which motion carried.
At the suggestion of Council Member Strauss,
and there being no objections, the Traffic
Study for Park Lido, Ltd., is to be placed on
the February 14 Study Session agenda for
further review, pursuant to his motion made on
May 24, 1982, and as set forth in the
foregoing.
Dennis O'Neil addressed the Council again and
stated that when the motion was made on May
24, 1982 to approve the Traffic Study for the
Park Lido project, Council Member Strauss did
state, if in fact there was to be any
modification to the project which would have
some impact on the traffic, that the project
would come back to the Council. He stated
that he did not think this was to be included
as part of the Traffic Study itself.
6. Mayor Hart opened the public hearing G
G&W Ofcl
regarding APPLICATION OF G & W TOWING FOR P
Police Tow
OFFICIAL POLICE TOW CONTRACT, PURSUANT TO C
C -2148
NEWPORT BEACH MUNICIPAL CODE SECTION 5.15.040. (
(38)
Report from the City Manager regarding renewal
of the Official Police Tow Service Agreement
with G & W, was presented.
Wayne Miller, Operator, G & W Towing, Inc.,.
addressed the Council and stated he was
available for any questions.
1101 e
um - age
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
Rnt I all � ��G�S January 24, 1983
MINUTES
INDEX
Volume 37 — Page Jb
Hearing no others wishing to address the
Council, the public hearing was closed.
Mo
x
Motion was made to adopt Resolution No. 83 -11
Res 83 -11
A 110 es
amending Resolution No. 9702 by approving
renewal of the contract with G & W Towing for
Official Police Towing Services.
E. PUBLIC COMMENTS:
1. Robert Caminiti, 110 -30th Street, addressed
the Council and read the Optimist Creed.
F. CONSENT CALENDAR:
Motion
x
The following actions were taken as indicated,
All Ayes
except for those items removed:
1. ORDINANCES FOR INTRODUCTION:
Set for Public Hearing on February 14, 1983:
(a) Proposed ORDINANCE NO. 83 -10, being,
Ord 83 -10
Open Space/
AN ORDINANCE OF THE CITY OF NEWPORT
Zoning
BEACH .AMENDING SECTIONS 20.11.040
(94)
AND 20.15.080 OF THE NEWPORT BEACH
MUNICIPAL CODE AS THEY PERTAIN TO
REVISIONS OF THE OPEN SPACE
REQUIREMENTS FOR RESIDENTIAL
DEVELOPMENT, AND THE ACCEPTANCE OF
•
AN ENVIRONMENTAL DOCUMENT (PLANNING
COMMISSION AMENDMENT NO. 582):
PGA 582
(Report from the Planning
Department)
Pass to second reading, and adoption on
February 14, 1983:
(b) Removed from the Consent Calendar.
(c) Proposed ORDINANCE NO. 83 -11, being,
Ord 83 -11
Tfk /Bayside
AN ORDINANCE OF THE CITY OF NEWPORT
Dr =E1 Paseo
BEACH DESIGNATING THE SECTION OF
(85)
BAYSIDE DRIVE FROM EAST COAST
HIGHWAY TO EL PASEO DRIVE AS A 35
MPH ZONE. (Report from Traffic
Engineer)
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 83 -12 authorizing the
CdM /Freewy
Mayor and City Clerk to execute an
Res 83 -12
Agreement to allow for the construction
G -2374
of the extension of the Corona del Mar
(38)
Freeway. (Report from Public Works)
(b) Resolution No. 83 -13 amending Resolution
Bldg Mntnc/
No. 82 -7 by approving rate increases for
Universal Building Maintenance in
PD & Libry
Res 83 -13
connection with Janitorial Services for
C -2049
the Police Department and City Library
(38)
Facilities. (Report from the City
Manager)
Volume 37 — Page Jb
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
Rol _1 \r\ $�'� 'pGS� January 24, 1983
MINUTES
INnFY
VlUme if - rage it
(c) Resolution No. 83 -14 designating certain
Annex No.89/
uninhabited territory designated as San
SJoaquin Res
®
Joaquin Reservoir Annexation No. 89 as
Res 83 -14
undeveloped property pursuant to the
(21)
Master Property Tax Transfer Agreement
between the County of Orange and the City
of Newport Beach. (Report from Executive
Assistant to the City Manager)
3. CONTRACTS/AGREEMENTS: None.
4. COMMUNICATIONS - For referral as indicated:
(a) To staff for reply, suggestion from Rosa
Misc Rqsts
Basso regarding bus bench /location on
(76)
Balboa Boulevard; and for information,
clippings regarding door -to -door
canvassing conducted by City of Placentia
Officials.
(b) To staff for response, complaint of Mr.
CATV /Grp W
and Mrs. Edward V. E. Richardson
(42)
regarding alleged poor reception /service
by Group W Cable, Inc.
(c) Removed from the Consent Calendar.
(d) To.staff for response, request for
Planning
analysis and comments regarding potential
(68)
impact of bailout revenues on the.City of
Newport Beach, as a result of the
®
proposed plans for handling the State's
1982 -83 deficit and the 1983 -84 Budget,
from State Senator John Seymour.
(e) To Planning Department /Planning
Oasis
Commission for response, request from
(62)
President, :Friends of Oasis, regarding
inclusion of Geriatric Health Education
Center within scope of OASIS.
5. COMMUNICATIONS - For referral to the City
Clerk for inclusion in the records:
(a) Public meeting invitation from Orange
County Environmental Management Agency
regarding San Joaquin Hills
Transportation Corridor Route Location
Study - Phase II, for January 18, 25, and
26, 1983.
(b) Minutes of Local Agency Formation
Commission, Orange County, for December
8, 1982.
(c) Orange County Division, League of
California Cities Calendar of 1983
meetings.
VlUme if - rage it
MINUTES
January 24, 1983
lunry
(d) Application of Advanced Mobile Phone
Service, Inc. and the Los Angeles SMSA
Limited Partnership before the State
Public Utilities Commission.
(e) Letter from Bill McCahill concerning the
City's oil operation.
6. CLAIMS FOR DAMAGES - For denial and
confirmation of the City Clerk's referral to
the claims adjuster:
(a) Robert Gershman alleging property damage
Gersbman
as a result of police vehicle colliding
with rear of claimant's vehicle on
Backbay and Eastbluff Drives on September
27, 1982.
(b) Robert J. : Lorenzetti alleging property
Lorenzetti
damage to 32' boat as result of boat slip
breaking away causing claimant's boat to
be locked between two slips and steel
piling at :Balboa Yacht Basin on December
1, 1982.
(c) Daniel G. :Rear alleging property damage
Rear
as a result of claimant's vehicle
involved in accident with City refuse
truck on Newport Boulevard on January 5,
1983.
'
(d) Judy Sloan alleging personal emotional
Sloan
distress, invasion of privacy, etc., as
result of Police Department responding to
telephone complaint on November 1, 1982
(e) Joe and Ann Smith alleging property
Smith
damage to 'boat as a result of boat dock
breaking loose during recent wind and
rain storm at Balboa Yacht Basin on
November 30, 1982.
For rejection - -not timely filed:
(f) Late claim of Michael James Hall for
Hall
personal property replacement, alleging
bicycle which had been taken as evidence
on June 21, 1982, not returned.
(g) Late claim of St. Andrews Village
St. Andrews
Condominium Association, alleging City
Village
Utilities Department backed backhoe into
Condo /Assn
garage at 497 St. Andrews Place in June,
1982, during repair of water lines.
1
7. SUMMONS AND COMPLAINTS: None.
Volume 37 - Page 38
MINUTES
INDEX
Volume 37 - Page 39
8. REQUEST TO FILL PERSONNEL VACANCIES - For (66)
approval: (Report from the City Manager)
•
(a) One Typist Clerk II, Fire Department.
(b) One Animal Control Officer, Police
Department.
(c) One Equipment Mechanic II, General
Services.
(d) One Utilities Leadman, Utility
Department.
9. STAFF AND COMMISSION REPORTS - For Council
approval:
(a) Removed from the Consent Calendar.
(b) Removed from the Consent Calendar.
(c) Status report regarding RICK LAWRENCE U/P 1717
(Report from City Attorney's Office). (88)
(d) Status report regarding AQUATIC CENTER o. Star Bch/
(Report from City Attorney's Office). quatic Ctr
(62)
(e) CONTRACT WITH CITY OF PALM SPRINGS ON finance /Pkg
PCMS COMPUTER SYSTEM (Report from City ntrl Citn
Attorney's Office). (40)
(f) Authorization to retain consultants for /C -John Wyn
certain studies consistent. with Council Airport
Policy B -2. (Report from Executive (54)
Assistant to the City Manager)
10. PUBLIC HEARING SCHEDULING: None.
11. RESUBDIVISION NO. 684 - Approve a subdivision Resub 684
agreement guaranteeing completion of the (84)
public improvements required with
Resubdivision 634 (1511 and 1525 Superior
Avenue, on the northwesterly side of Superior
Avenue between 15th Street and 16th Street in
the West Newport Triangle); authorize the
Mayor and City Clerk to execute the Agreement;
and release the temporary cash deposit for
Labor and Materials Surety and Faithful
Performance Surety in the amount of $14,000.
_ (Report from Public Works)
12. ACCEPTANCE OF I14PROVEMENTS IN RESUBDIVISION Resub 630
NO. 630 PARCEL 1 OF PARCEL MAP 81 -06 (84)
(RESUBDIVISION 485) AND A PORTION OF BLOCK 93
IRVINE'S SUBDIVISION (2301 San Joaquin Hills
Road, on the southerly side of San Joaquin
Hills Road between MacArthur Boulevard and San
Miguel Drive, adjacent to Harbor View Hills) -
Accept the public improvements constructed in
conjunction with Resubdivision No. 630; and
•
authorize the City Clerk to release the
Faithful Performance Bond No. YS 808 -6534 and
the Labor and Material Bond No. YS 808 -6534 in
six months, provided no claims have been
filed. (Report from Public Works)
Volume 37 - Page 39
COUNCIL MEMBERS
� A
OLL CAL
�'� �p �if9 January 24, 1983
MINUTES
INDEX
13. ACCEPTANCE OF IMPROVEMENTS IN RESUBDIVISION
Resub 721
NO. 721 (2934 East Coast Highway, on the
(84)
northeasterly side of East Coast Highway,
•
between Iris and Heliotrope Avenues, in Corona
del Mar) - Accept the public improvements
constructed in conjunction with Resubdivision
No. 721; and authorize the City Clerk to
release the Faithful Performance Cash Surety
($1,150 deposited into Account No. 02- 217 -02
on June 7, 1982) and the Labor and Material
Cash Surety ($1,150 deposited into Account No.
02- 217 -02 on June 7, 1982), in six months,
provided no claims have been filed. (Report
from Public Works)
14. UPPER NEWPORT BAY EARLY ACTION PLAN AND
Upr Npt Bay/
CALIFORNIA DEPARTMENT OF FISH AND GAME PILOT
EAP 6 FshGm
MARSH RESTORATION (C -2276) - Authorize the
C -2276
Mayor and City Clerk to execute an Agreement
(38)
with J. W. Mitchell Company to extend Contract
No. 2276; accept the work completed to date
(all work in Upper Newport Bay and San Diego
Creek); remaining final placement and
compaction of spoil material in Site "A"
disposal area; and authorize the City Clerk to
file a Notice of Partial Completion. (Report
from Public Works)
15. SAN MIGUEL PARK (C -2358) - Approval to
SMiguel Pk
reschedule bid opening date from 10:30 a.m. on
C -2358
February 2, to 10:30 a.m. on March 3, 1983.
(38)
(Report from Public Works),
16. NEWPORT AND BALB'OA PIERS MISCELLANEOUS REPAIRS
Npt /Balb
1982 -83 (C -2366) - Approve the plans and
Piers Rprs
specifications; and authorize the City Clerk
C -2366
to advertise for bids to be opened at 11:00
(38)
a.m. on February, 9, 1983. (Report from Public
Works)
17. IRVINE AVENUE STREET AND BIKEWAY IMPROVEMENTS
Irvn Ave/
(C -2318) - Approve the plans and
Bkwy Impvms
specifications; and authorize the City Clerk
C -2318
to advertise for bids to be opened at 3:00
(38)
p.m. on February, 15, 1983. (Report from
Public Works)
18. ACCEPTANCE OF RESIGNATION FROM LIBRARY BOARD
Bds /Cmsns
OF TRUSTEES - From Thomas C. Edwards with
Library Bd
regret. (Vacancy notice posted by the City
(24)
Clerk's Office).
19. BUDGET AMENDMENTS - For approval:
BA (25)
BA -050, $1,095.00 - Transfer in Budget
Appropriations for annual bulky item trash
pickup on Balboa Island; General
Services - Refuse Fund.
•
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�°� �� January 24, 1983
MINUTES
INDEX
Volume 37 - Page 41
BA -051, $20,000.00 - Increase in Budget
Appropriations and Revenue Estimates for
donations from Friends of OASIS and County of
•
Orange to provide shuffleboard courts at
OASIS; Parks, Beaches and Recreation- Senior
Citizen Fund.
G.. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. COUNCIL MEMBER PLUMMER'S REQUEST to attend City Cnel
National League of Cities Conference in (33)
Washington, D. C., March 5 -8 with a report
from the City Manager, was presented.
Council Member Strauss inquired as to the
agenda /program for the conference, to which
Council Member Heather commented that she had
attended the annual legislative conference in
the past, and found it to be interesting,
worthwhile and very helpful to the City. She
recommended Council Member Plummer attend.
Council Member Plummer stated that she had not
attended any conferences in the past year, and
she felt there were a number of items which
should be looked into and "lobbied" that
affect Newport Beach. She stated she would be
paying for her meals, taxi, etc.
[lotion
x
In view of the foregoing comments, motion was
All Ayes
made to approve the.request.
•
2. Report from Parks, Beaches and Recreation, B &R
regarding SPONSORSHIP OF FOOT RACING SERIES (62)
WITH ASICS TIGER CORPORATION, was presented.
Mntion
x
Council Member Strauss indicated he did not
want to start co -- sponsorship with commercial -
sponsored activities as proposed in the
report. He stated he felt it would not be the
mark of a "first- -class City;" and therefore,
made a motion to not approve the
recommendation.
Council Member Heather noted, that the
proposed program would be for a period of one
year only; on a trial basis; and it would be
closely observed and evaluated at the end of
that year. She recommended the Council
support the request.
°yes
x
x
x
x
The motion on the floor was voted on and
' =s
x
x
x
carried.
3. Proposed ORDINANCE being, AN ORDINANCE OF THE Tfk /Lrkspr
CITY OF NEWPORT BEACH DECLARING FIFTH AVENUE A & Jasmin
ONE -WAY STREET, EASTBOUND BETWEEN LARKSPUR AND (85)
JASMINE AVENUES, was presented with a report
from Traffic Affairs Committee.
•
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Motion
•
"11 Aye
:--tion
'11 Aye
r 1
- = -tion
?_1 Aye
:•ation
11 Aye
•
Y
&W-f.
Ili 2
January 24, 1983
MINUTES
INnFY
x
Motion was made to not introduce the subject
ordinance, but to post "caution" signs in both
directions at the corner of the subject
location, designating "One Lane Roadway."
Richard Nichols, President, Corona del Mar
Community Association, addressed the Council,
advising that their association voted
unanimously to oppose the request to make
Fifth Avenue a cone -way street between the
subject streets. He stated that the
Eucalyptus tree at the corner located on City
property is causing the problem and should be
looked at with a view towards removal.
es
The motion on the floor was voted on and
carried.
4. Inquiry from Corona del Mar High School
Plann ing/
student Lisa C. Sadler regarding growth and
Growth
development, especially in Newport Beach, was
(68)
presented.
x
At the request of Mayor Pro Tem Maurer, motion
's
was made to refer subject inquiry to him for
reply, with a carbon copy to the City Council.
H. ORDINANCES FOR ADOPTION:
1. ORDINANCE NO. 83 -8, being,
Ord 83 -8
fk /Speed
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
Limit
AMENDING SEICTION 12.24.100 OF THE NEWPORT
(85)
BEACH MUNICIPAL CODE BY ADDING FLAGSHIP
AVENUE AND DANA ROAD TO THE 25 MPH PRIMA
FACIA SPEED LIMIT DESIGNATION,
was presented for second reading, with report
dated January 10, 1983, from Traffic Affairs
Committee.
x
Motion was made to adopt Ordinance No. 83 -8.
s
2. ORDINANCE NO. 83 -9, being.
rd 83 -9
fk /Veh Towg
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
(85)
AMENDING THE PROVISIONS OF SECTION
12.20.020 OF THE NEWPORT BEACH MUNICIPAL
CODE REGARDING APPROPRIATE SIGNS FOR
VEHICLE TOWS FROM PRIVATE PROPERTY,
was presented for second reading, with report
dated January 10, 1983, from the Traffic
Engineer.
x
Motion was made to adopt Ordinance No. 83 -9.
s
I. CONTINUED BUSINESS:
1. APPLICATION OF RICK HORMUTH to construct
Kings Rd/
nonstandard improvements in public
liormuth Nstd
right -of -way adjacent to 607 Kings Road (EP
Impvms
81 -244), with a report from Public Works, was
(80)
presented.
Volume 37 - Page 42
Motion
All Ayes
0
Motion
All Ayes
•
0
x
X
I
24, 1983
MINUTES
Motion was made to approve the subject
application, with the condition that Applicant
agrees not to remove or alter the existing
rolled curb; and that prior to said work,
Applicant execute an indemnity agreement
prepared by the City to be recorded with the
Orange County Recorder.
2. Appointments to the Citizens Advisory
Committees for a one -year term expiring
December 31, 1983 (appointed by Council upon
recommendation of each Council Member).
Memorandum dated January 10, 1983 from City
Clerk regarding remaining appointments/
reappointments, was presented.
Motion was made to confirm the following
appointments:
Bicycle Trails Citizens Advisory
Committee
(District 1) Council Member Strauss's
reappointment of Frances Fatter and
remaining appointment deferred to
February 14, 1983.
(District 4) Council Member Heather's
remaining appointment deferred to
February 14, 1983.
(District 6) Council Member Agee's
reappointment of Robert Caminiti and
appointment of Elizabeth S. Braley.
Environmental Quality Citizens Advisory
Cnm ittpp
(District 1) Council Member Strauss's
reappointment of Ron Covington.
(District 6) Council Member Agee's
appointment of Buzz Person and Barbara J.
Cope.
Newport Beautification Citizens Advisory
Cnmmittpp
(District 1) Council Member Strauss's
reappointment of Lucile Patterson.
(District 6,) Council Member Agee's
reappointment of Jeanne Pitman.
Volume 37 - Page 43
(24)
COUNCIL MEMBERS
C:
Motion
All Ayes
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MINUTES
January 24, 1983
INDEX
Citizens Traffic Advisory Committee
(District 1) Council Member Strauss's
reappointment of Jean Harrington and
appointment of Wallace Gerling.
(District 2) Council Member Plummer's
reappointment of Sam Osadche and
appointment of Terek T. Saleh.
(District 3) Mayor Hart's remaining
appointment deferred to February 14,
1983.
(District 4, Council Member Heather's
appointment of George M. Duarte.
(District 6) Council Member Agee's
appointment of Ronald Malouf and
Leland S. Spencer.
3. Report from Parks, Beaches and Recreation
B &R/City
Director regarding CITY ENTRANCE SIGNS, was
Hall Signs
presented.
(62)
x
Motion was made to authorize a Budget
Amendment of $5,000 to accommodate the
construction of two entry signs (funds for the
budget amendment to be $2,500 in received
donations matched by $2,500 as authorized by
Council on September 27, 1982).
J. CURRENT BUSINESS::
1. Report from the Planning Department regarding
Planning/
STATUS OF THE AMERICAN INSTITUTE OF
/UDAT
ARCHITECTS' REGIONAL /URBAN DESIGN ASSISTANCE
(68)
TEAM (R /UDAT); AND THE APPLICATION OF SUCH A
PROGRAM IN THE N13WPORT PIER AREA, was
presented.
Council Member Agee suggested consideration be
given to expanding the subject study to
include the Cannery Village area.
The Planning Director stated that when this
item was considered by the Planning
Commission, they discussed the scope of the
study, the area to be encompassed, funding,
etc., and it was generally felt by the
participants that the entire area to be looked
at would be from the Arches to Peninsula
Point, focusing in on McFadden Square, Cannery
Village and other specific areas. He stated
that no definite decision as to the boundaries
of the study have been made, and is one of the
reasons an ad hoc steering committee is being
recommended.
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MINUTES
INDEX
Motion
x
Motion was made to convey the support of the
City Council to participate in the R /UDAT _
Program and create an Ad Hoc Steering
Committee; and direct the City Attorney's
Office to prepare a resolution creating said
committee, to come back on February 28, 1983.
Council Member Strauss expressed a desire to
serve on this committee.
All Ayes
The motion on the floor was voted on and
carried.
2. Report from the Planning Department regarding
U/P 822(A)
a request of ST. ANDREWS PRESBYTERIAN CHURCH
St. Andrews
to construct a free-standing cross,
Prsbytrn Ch
ninety -seven feet in height. Said cross is
(88)
part of an overall plan of St. Andrews
Presbyterian Church which includes the
construction of a new church sanctuary and the
remodel or reconstruction of existing church
facilities on sate, located at 600 St. Andrews
Road. All development and construction is
planned to occur and will be carried out in
accordance with USE PERMIT NO. 822 (AMENDED),
as approved by the City Council on September
27, 1982, and in accordance with SITE PLAN
REVIEW N0. 31, approved by the Planning
Commission on January 6, 1983, was presented. .
The City Manager noted that pursuant to
Condition of Approval No. 6, the height of the
cross must be approved by the City Council.
Mayor Hart inquired of staff that if a problem
is created by the parking lot and curb cut
access onto Clay Street at Pirate Road, how
would it be handled.
The City Manager replied that it would be
reviewed at that time, and acted upon
accordingly by the City Council.
Milan Dostal, 11321 Tradewinds, representing
the Applicant, stated that the new plan had
been approved by the Planning Commission under
Site Plan Review and met all of the concerns
of the neighborhood, as well as to carry out
the program of the church. He made reference
to the drawing and scale model on display and
urged Council approval.
Peter Gendron, 519 Signal Road, President, .
Cliff Haven Community Association, addressed
the Council and stated that they have no
objection to the size of the cross. However,
they are concerned with the ingress and egress
on Clay Street. He stated that the original
plan showed subterranean parking, which is not
included in the revised plan.
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Al 4 A �� �� January 24, 1983
MINUTES
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Mr. Gendron urged the Council to consider the
impact on the neighbors of the flow of traffic
through the parking area into the community.
The Director of Public Works stated that the
presence of the curb cut on the plot plan has
more to do with circulation of the parking lot
and the effective use of the parking lot, than
it does with safety factors per se. The
traffic engineer felt the parking lot would
function somewhat better with the additional
curb, and only observation can provide the
final answer.
Motion
x
Following discussion, motion was made to
All Ayes
approve the request of St. Andrews
Presbyterian Church.
3. Report from the City Arts Commission regarding
PB &R /Arts
CO- SPONSORSHIP POLICY FOR CULTURAL EVENTS AND
Cmsn
GROUPS, was presented.
(62)
Motion
x
Motion was made to approve the proposed
Council Policy for Co- sponsorship for Cultural
Events and Groups, with the definition of the
word "Art" to be included, as set forth in the
by -laws of the Arts Commission.
Ayes
x
x
x
x
x
Following discussion of the level of
Noes
x
x
priorities of support, the motion on the floor
was voted on and carried.
K. ADDITIONAL BUSINESS:
Motion
x
1. Motion was made to schedule public hearing for
U/P 3016/
Ayes
x
x
x
x
x
February 14, 1983, on Use Permit No. 3016 and
Resub 738
Abstain
x
x
Resubdivision No. 738.
Motion
x
2. Mayor Hart announced that effective February
CAttny
All Ayes
1, 1983, Robert Burnham will be the new City
_ Attorney. Motion was made to direct a
-
resolution (No. 83 -15) be prepared for
ratification at the next meeting.
The meeting was adjourned at 11:40 p.m., in memory
of Bettina Bents, daughter of William and Marcia
Bents, who passed away on January 21, 1983.
Mayor of
ATTEST:
r
Deputy City Clerk
Volume 37 - Page 46