HomeMy WebLinkAbout05/09/1983 - Regular Meeting4
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\rAl REGULAR COUNCIL MEETING
0 'r .11 PLACE: Council Chambers
�'�� TIME: 7:30 P.M.
Rni i �J; ttp DATE: May 9, 1983
MINUTES
INDEX
Present
x
x
x
x
x
x
A. ROLL CALL.
Absent
x
tion
x
B. The reading of the Minutes of the Meeting of
es
x
x
x
x
April 25, 1983, was waived, approved as
Abstained
x
x
written, and ordered filed with correction to
Page 139, paragraph 1, line 2, word "new" to
show delineation as: .new.
Motion
x
C. The reading in full of all ordinances and
All Ayes
resolutions under consideration was waived,
And the City Clerk was directed to read by
titles only.
D. HEARINGS:
1. Mayor Hart opened the continued public
GPA 81•
hearing regarding GENERAL PLAN AMENDMENT
(45)
81 -2, a request initiated by the City of
&
Newport Beach to amend the Land Use
LCP /L[7
Residential Growth, and Recreation and Open
Amnd Ni
Space Elements of.the Newport Beach General
Plan, and the acceptance of an Environmental
Document.
Components:
a) CALTRANS WEST
Location: Northwesterly corner of
West Coast Highway and
Superior Avenue (as
realigned).
General Plan: Recreational and
Environmental Open Space.
Zone: 0 -S (Open Space)
District.
Proponent: State of California,
Dept. of Transportation.
b) FIFTH AVENUE PARCELS
Location: A: Westerly of
Marguerite Avenue between
Fifth Avenue and Harbor
View Drive.
B: Northerly of Fifth
Avenue between Marguerite
Avenue and Buck Gully.
C: Along the eastern
City Boundary between
Fifth Avenue and San
Joaquin Hills Road.
Volume 37 -.Paee 145
Y?
2
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALL\ 0 ROLL `r
40
•
MINUTES
May 9, 1983
INDEX
GPA 81 -2
LCP /LUP
Amnd No. 2
General Plan: Low Density Residential
and Recreational and
Environmental Open Space.
Zone: R -1 -B (Single - Family with
B Combining) District.
Proponent: The Irvine Company.
c) BIG CANYON AREA 16
Location: Southwesterly of
MacArthur Boulevard and
Ford Road.
General Plan: Recreational and
Environmental Open Space.
Zone: P -C (Planned Community)
District.
Proponent: The Irvine Company.
d) NEWPORT CENTER - BLOCK 400
Location: Northeasterly of Newport
Center Drive East and San
Miguel Drive.
General Plan: Administrative
Professional, and
Financial Commercial.
Zone: C -O -H (Commercial) .
District.
Proponent: Newport Center Medical
Buildings, Inc.
e) CAMPUS DRIVE
Location: Area bounded by MacArthur
Boulevard, Birch Street,
Orchard Avenue, and
Campus Drive /Irvine
Avenue.
General Plan: General Industry,
Administrative
Professional and
Financial Commercial, and
Retail and Service
Commercial.
Zone: M -1 -A (Industrial)
District, A -P
(Administrative,
Professional) District,
and C -1 (Commercial)
District.
Volume 37 - P'aee 146
INDEX
GPA 81 -2
LCP /LUP
Amnd No. 2
COUNCIL MEMBERS
961. 0f39Gp9
ROLL CALL
4
.4
CITY- OF NEWPORT BEACH
MINUTES
May 9, 1983
INDEX
Proponent: The City of Newport
GPA 81 -2
Beach,
6
LCP /LUP
t
AND
Amnd No. 2
2. Continued public hearing regarding AMENDMENT
NO. 2 TO THE ADOPTED LOCAL COASTAL PROGRAM,
LAND USE PLAN, a :request initiated by the
City of Newport Beach to amend the Land Use
Plan of the Newport Beach Local Coastal
Program for the CALTRANS WEST site.
Location: Northwesterly corner of West
Coast Highway and Superior
Avenue (as realigned).
LCP: Recreational and Environmental
Open Space.
Zone: 0 -S.
Proponent: State of California, Dept. of
Transportation.
Report from the Planning Department, was
presented.
At this time, Council Member Plummer took her seat
at the Council table.
George Schlafke, 1811 Beneta Way, Tustin, and
Newport Beach property owner, addressed the
Council regarding the CalTrans West property
stating that, there is no guaranty the
compromise will be abided by all parties; he
was against rezoning; and Newport Beach does
not need more high density, or private
interest property, but more park and
greenbelt areas.
Upon Council inquiry, the City Manager
related there are still a number of
discretionary reviews that must occur, both
at the Planning Commission level and City
Council level, i.e:., zoning, tentative and
final subdivision maps, subject to public
hearing and scrutiny by the Planning
Commission and City Council. There are laws
permitted by the State to assure compliance
with conditions imposed by the City. This
particular item also has to go before the
Coastal Commission with the public hearing
process, and it would probably be six months
to a year before coming back to the Newport
-
Beach City Council..
Susie Picker; 110 -9th Street, Balboa,
addressed the Council, stating the City
already has a tremendous amount of projected
growth in the form, of the Banning project,
and requested the Council do everything they
'
can to contain the CalTrans West property as
open space.
Volume 37 - Page .141
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
Vc�0��9 y9�`<G���'v
ROLL rAl 1 �P ��%F�GS,r May 9, 1983 imnpy
After determining no one else wished to
GPA 81 -2
address the Council, the public hearing was
&
closed.
LCP /1,UP
Amnd No. 2
Mo on
x
Motion was made to approve General Plan
All Ayes
Amendment 81 -2 and Amendment No. 2 to the
adopted Local Coastal Program, Land Use Plan,
and adopt Resolution No. 83 -42 accepting,
Res 83 -42
approving and certifying the Final
Environmental Impact Report;
AND
Make the Findings contained in the Statement
of Facts with respect to significant impacts
identified in the Final Environmental Impact
Report;
AND
Find that the Facts set forth in the
Statement of Overriding Considerations are
true and are supported by substantial
evidence in the record, including the Final
Environmental Impact Report;
AND
With respect to the project, find that
although the Final Environmental Impact
Report identifies certain unavoidable
•
significant environmental effects that will
result if the project is approved, the
mitigation measures identified shall be
incorporated into the proposed project; and
all significant environmental effects that
can feasibly be giitigated or avoided have
been eliminated or reduced to an acceptable
level, and that the remaining unavoidable
significant effects, when balanced against
the facts set forth in said Statement of
Overriding:Considerations, giving greater
weight to the unavoidable environmental
effects, are acceptable;
AND
Adopt Resolution No. 83 -43 approving
Res 83 -43
amendments to the Land Use, Residential
Growth and Recreation and Open Space Elements
of the Newport Beach General Plan for the
CalTrans West, Big Canyon Area 16, Newport
Center - Block 400,.and Campus Drive Sites;
AND
Adopt Resolution No. 83 -44 approving
Res 83 -44
Amendment No. 2 to the Newport Beach Local
•
Coastal Program Land Use Plan for the
CalTrans West site.
'Volume 37 - Pave 1GR
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
�o IP s9 ti� c k�
r>i,y 9, 1983
R 9 9 s INDEX
3. Mayor Hart opened the public hearing
Fire Dpt/
pertaining to WEED ABATEMENT PROGRAM.
Weed Abatm
(41)
Report from the Fire Department dated April
11, 1983, was presented,
After it was determined that no one wished to
address the City Council on this matter, the
public hearing was closed.
Motion
x
Motion was made to adopt Resolution No. 83 -45
Res 83 -45
All Ayes
ordering the Fire Chief to abate weeds and
other public nuisances existing upon streets,
alleys, sidewalks, parkways and private
property within the City.
4. Mayor Hart opened the public hearing
Ord 83 -20
regarding ORDINANCE NO. 83 -20, being,
CALTRANS
WEST /Zong
AN ORDINANCE OF THE CITY OF NEWPORT
(94)
BEACH AMENDING A PORTION OF DISTRICTING
MAP NO. 46 FOR A ±13 ACRE PARCEL, KNOWN
AS CALTRANS WEST, FROM THE 0 -S DISTRICT
TO THE P -C DISTRICT,
PLANNING COMMISSION AMENDMENT NO. 587,
PCA 587
initiated by the City of Newport Beach to
reclassify said property and adopt a core
Planned Community District Development Text.
Report from the Planning Department, was
presented.
•
The City Manager gave a brief discussion
regarding the foregoing that recommends the
application of the core Planned Community
District text which will permit CalTrans to
commence the necessary marketing studies and
bidding process. This is in partial response
to them for their cooperation in giving right
of access to the realignment of Superior
Avenue, which has now occurred.
The Planning Director's response to the
question of Council as to whether the core
Planned Community District text allows for
"cascading," he stated that it neither
allows, nor disallows this type of
development.
The public hearing was closed, after it was
determined that no one wished to speak on
this item.
Motion
x
Motion was made to adopt Ordinance No, 83 -20,
All Ayes
amending a portion of Districting Map No. 46...
•
Volume 37 - Page 149
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
\CALL\ ROLL
��'� �� May 9, 1983
INDEX
5. Mayor Hart opened the public hearing and City
U/P 3031
Council review of USE PERMIT NO. 3031, a
Dezfooly-
request of HOSSIEN DEZFOOLYZAHEH AND CYRUS
zaheh/
•
SHAHRESTANI, Newport Beach, to establish a
Shahrestani
take -out restaurant with incidental dining
(88)
and on -sale beer and wine on property located
at 703 East Balboa Boulevard, in the C -1 -Z
District. The proposal. also includes a
request to waive all of the required
off - street parking spaces.
Report from the Planning Department, was
presented.
The City Manager presented a summary
regarding the approval of Use Permit No. 3031
by the Planning Commission, which was subject
to a number of conditions namely, Conditions
No. 3 (that no on -sale or off -sale beer and
wine licenses shall be permitted in
conjunction with this approval), and No. 11
(that the applicants shall be required to pay
for four in -lieu parking spaces) on which the
applicant wishes to address the Council.
It was also noted that Council requested
review of Use Permit No. 3031, because
several businessmen in the subject area wish
to comment on the nature and the density of
the take -out food business.
The Planning Director stated that when the
•
Use Permit came before the Planning
Commission they exercised their prerogative
and overruled staff's recommendation that the
parking requirements be waived, and
conditioned that four in -lieu parking spaces
be required, based upon the number of
employees. In addition, the Planning
Commission had recommended that Use Permit
No. 3031 be continued to a subsequent meeting
regarding the license for on- sale /off -sale
beer and wine, but the applicants wished to
proceed with the hearing, as scheduled on
April 11. As a result, the Planning
Commission granted the restaurant permit with
the condition that there would be neither the
on -sale nor the off -sale of beer and wine,
and the applicants accepted the condition in
order to get the application approved.
Hossien Dezfoolyzaheh, 34 Sand Dollar Ct.,
Newport Beach, Applicant, addressed the
Council requesting reconsideration of the
conditions imposed by the Planning Commission
regarding in -lieu parking, and the sale of
beer and wine'.
Volume 37 - Page 150
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
���o¢.yq
Rni i rep i P yF��PGSJ' May 9, 1983 INDEX
In response to Council inquiry, the City
U/P 3031
Manager related that the in -lieu parking fees
was established by the City in 1972, at
•
$250.00 per space per year, but after two
years of operation, the then City Council
felt that this fee could be lowered to
encourage rehabilitation of the older areas
of the City. They selected the lower of the
alternate fees presented to them in a study,
which was $150.00, and this fee has existed
since 1974. The fees are placed in the
City's Parking Fund, and are used to pay for
additional off - street parking lots, meters
and meter repairs, striping, etc.
Buzz Person, 605 -;j West Bay Avenue, Balboa,
President of the Balboa Improvement
Association, addressed the Council, stating
that on behalf of several members of the
Association, who recommended denial of Use
Permit No. 3031, he requested City Council
review of Use Permit No. 3031. The major
concern is the proliferation of take -out type
restaurants in the Balboa District that are
replacing other types of businesses, and as a
result, the nature and charm of the area
could possibly change.
Ms. Teddy Harrison, 2270 Channel Road,
Balboa, addressed the Council in support of
the applicants, stating that the existing
take -out establishments in Balboa should be
•
subjected to the type of quality competition
that the applicants propose to offer, thereby
imposing self- improvment of the quality of
other fast -food businesses in the area. She
further stated that to her knowledge, there
is no law stating there can only be a certain
amount of businesses in.a particular area.
She prepared a written comparison of
fast -food businesses and parking of the
Newport Pier and Central Balboa areas, where
several use permits have been approved for
take -out restaurants, and offered to present
her analysis for further discussion.
Ms. Harrison solicited Council's
consideration of the beer and wine license,
stating that it was waived only because the
owners and tenants had waited a long time
before coming before the Planning Commission
and did not want to have any further delay.
She further stated that the beer and wine
license is incidental to the quality of the
restaurant, but hoped that Council would
reevaluate the condition imposed by the
Planning Commission with respect to the beer
and wine application.
•
Volume 37 - Page 151
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
9c�F�f�9 \5\4ptP ROLL CELL � May 9, 1983 iounry
Heidi Hildrick, 105 Palm Avenue, addressed
U/P 3031
the Council, stating that 13 years ago when
she received her permit from the City to
operate a restaurant, she was told that if
she were to sell beer and wine, she would
have to buy off - street parking. She also
felt there was an abundance of take -out
businesses and that she was against approving
more restaurants for the area. With respect
to parking in the Balboa and Newport Piers,
consideration should be given to the fact
that the Catalina boat and the deep sea
fishing activities utilize the parking area,
and from her experience, from 9 a.m. the
parking lots are full.
Sid Soffer, 900 Arbor Street, Costa Mesa, and
Newport Beach property owner, addressed the
Council in support of take -out businesses,
stating that they do serve the existing
public and should at least be given the
opportunity to establish their business.
The public hearing was closed, after no one
else wished to speak on this item.
Motion
x
Motion was made to sustain the Planning
Commission's action on Use Permit No. 3031.
Motion
x
Substitute motion was made to modify the
Ayes
x
x
x
x
x
Planning Commission's action regarding
Noes
x
x
Condition No. 3, to read: "On -sale beer and
wine be permitted, but off -sale not be
permitted," and add a new Condition No. 12:
"Containers for the disposal of trash shall
be provided on the public sidewalk in the
manner subject to the approval of the
Planning Department."
E. PUBLIC COMMENTS:
1. Dick Nichols, 519 Iris Avenue, and President
CdM Elmtry
of the Corona del. Mar Community Association,
School
addressed the Council; expressing thanks to
the City and the local citizens for their
involvment in successfully having the "No
Trespassing" signs removed, from the Corona
del Mar Elementary School playground area,
posted by the School Board. He was glad to
see the children back on the playground, and
the citizens enjoying the park facility as
they have in the past, without it being
totally sealed off from public use.
2. Dick Nichols addressed the Council on the
Oasis Prk
Oasis Park Grading, stating that the Corona
Grading
del Mar Community Association had not been
notified the EIR would be voted on at the
Council meeting of April 25, 1983.
•
Volume 37 - Page 152
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\A1 o¢ NNP ROLL ��G�� May 9, 1983
MINUTES
M nry
At this time, the Council requested that
Oasis Park
the City Manager brief them regarding the
Grading
notification process. He stated that at the
time the General Plan straw votes were taken
at the City Council meeting of April 11,
1983, word was that the grading of the
adjacent parcels would be considered by the
City Council at their next meeting. The EIR
for the Oasis Park Grading was transmitted
within a 300 ft, radius of the subject
parcel, advising those people of the basic
conclusions and findings, and inviting them
to submit their conclusions and findings of
the proposed project. These were received,
and the EIR and the project was then
submitted to the City Council at the meeting
of April 25, 1983, wherein it was accepted
and approved. Also, those people who had
called in reference to the project were
advised that it was scheduled for that
agenda.
Council Member. Agee stated that he would be
discussing this matter again, under
"Additional Business," and request that the
City Council reschedule the Oasis Park
Grading. .
3. The following persons employed by Air —Cal
/C —John
addressed the Council in opposition to the
Wayne Arpt
reduction of flights at John Wayne Airport,
•
stating that their jobs were at stake, and
protesting the use of tax money to fight the
airport:
Tim O'Sullivan, 559 Promontory Pt.,
Newport Beach
Woolfgang Czaia, 432 Thunderbird Ct,
Fullerton
Chris Miller, 1206 Blue Fin Lane,
Newport Beach
Randy Toller, 113• -29th Street, and
representing the "Green" party, addressed the
Council in support of decreasing flights at
John Wayne Airport.
4. Sid Soffer, 900 Arbor Street, Costa Mesa,
Cncl Agenda
addressed the Council, stating that he was
appreciative of the fact that the Newport
Beach Council Agenda adequately provides
background information, and that he did not
have to wait until the end of the Council
meeting before he could speak on a nonagenda
item, as is the case in the City of Costa
Mesa.
He also suggested that ferrying airport
Airport
patrons in smaller aircraft, and utilizing
the desert as an airport, as a solution to
•
the airport noise problem.
Volume 37 — Page 153.
..
COUNCIL MEMBERS MINUTES
ROLL \A[ Ts�9Gtp May 9, 1983 INDEX
5. Susie Ficker, 110 -9th Street, Balboa
Weeds /City
addressed the Council on behalf of the
R -O -W
I
Central Newport Beach Community Association
•
regarding an ongoing problem of overgrown
weeds in the public right -of -way, in the
vicinity of Bay Avenue, Balboa Boulevard,
and throughout the City.
The General Services Department will be
notified of the foregoing.
F. CONSENT CALENDAR:
Motion
x
The following actions were taken as indicated,
All Ayes
except for those items removed:
1. ORDINANCES FOR INTRODUCTION - Schedule for
public hearing on May 23, 1983:
(a) Removed from the Consent Calendar.
2. RESOLUTIONS FOR ADOPTION:
(a) Removed from the Consent Calendar.
(b) Removed from the Consent Calendar.
(c) Resolution No. 83 -48 awarding an
Wtr Mn Emerg
Emergency Contract (No. 2389) between
Rpr /No. CHwy
the City of Newport Beach and S_ E.
& Bay Bridge
Eaton Company in the amount of
Res 83 -48
$15,459.60, for emergency repairs to
C -2389
City's control valve for water main
(38)
•
damage as a result of storm damages and
determining the urgent necessity
therefor (North of Coast Highway
underneath the Bay Bridge). (Report
from Utilities Department dated April
25; 1983)
(d) Removed from the Consent Calendar.
3. CONTRACTS /AGREEMENTS:
(a) Award Contract No. 2383 to the Paul
rfk Sgns /Sgn]
Gardner Corporation, Ontario,
tnc -28th
California, for $101,928.00, for
30th & 32nd
modification of traffic signals and
Sts
safety lighting at the intersections of
C -2383
Newport Boulevard at 28th; 30th and 32nd
(38)
Streets. (Report from Public
Works- Traffic Engineering)
(b) Award Contract No. 2339 to Ameron, Inc.,
morning Cnyn
for $88,158.00 (Lining Alternative);
Rd- Seaward
authorize the Mayor and City Clerk to
Strm Drn Rhb
execute the contract; and approve the
-2339
request of .John T. Malloy to be relieved
(38)
of his low bid on the Lining.Alternative
•
Volume 37 - Page 154
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
\$4p rAi I p y�`9 May 9, 1983 ininov
for Morning Canyon Road and Seaward Road
Storm Drain Rehabilitation Contract No.
2339 and for the accompanying bid bond
•
to be exonerated. (Report from Public
Works)
(c) Award Contract No. 2355 to R. J. Noble
Alley Rsfrcg
Co., for $372,310.00, Street and Alley
Prg '82 -83
Resurfacing Program 1982 -83; and
C -2355
authorize the Mayor and City Clerk to
(38)
execute said contract. (Report from
Public Works)
(d) Approve concept of Offsite Parking
Off -Site Pkg
Agreement for O'Connor's and O'Neil's
O'Connor's &
Restaurant in Civic Center Plaza;.and
O'Neil's
authorize Mayor and City Clerk to
C -2395
execute said Offsite Parking Agreement.
(38)
(Report from City Attorney)
(e) Approve Consent of City of Newport Beach
Rarinapark
to Sale of Mobilehome and Trailer Park
MH Sp. 8B
Space - Newport Marinapark ( Mobilehome
C -1546
Space No. 8B); and authorize the Mayor
(38)
and City Clerk to execute said document.
4. COMMUNICATIONS - For referral as indicated:
(a) Removed from the Consent Calendar.
(b) To staff for inclusion in Balboa Ferry
Balboa Ferry
Lease Contraot No. 856, copy of H. S.
Ls ,C -856
•
Beek's notice to State Public Utilities
(38)
Commission (Application No. 82)
regarding increase in fares on April 24,
1983.
(c) To Assistant to the City Manager for
ATV /Grp W
response, letter from H. J. Lorenz
(42)
regarding Group W Cable service rates,
with a copy of response from Group W
Cable.
(d) To Council. for consideration regarding
/C Trsnptn
Orange County Transportation Commission
Cmsn
seat to be vacated by Bill Vardoulis,
(54)
letters from City of Orange Mayor, James
Beam, and City Council of Huntington
Beach recommending Mayor Pro Tempore
Jack Kelly.
(e) To Mayor for support of reappointment of
O/C Transit
Councilmember Donald A. Holt, Jr:, as a
Dst
representative to the Orange County
(54)
Transit District Board of Directors,
recommendation letter from City of
Placentia Mayor, Robert W. Kuznick.
•
Volume 37 — Page 155
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
\rA11(01\ +o sA
G 9 G
ROLL �Q�� May 9, 1983 INDEX
(f) To Pending Legislation and Procedural - Legislation
•
Ethics Committee, Resolution No. 5256 of (48)
the City of Huntington Beach urging the
Governor of the State of California to
initiate a comprehensive statewide study
and program to resolve beach erosion
problems.
(g) To Public Works for response, letter SJoaquin
from Shelly Streiff regarding proposed Hls Trnsptn
Ford Road off ramp of the San Joaquin Crdr
Hills Transportation Corridor. (74)
(h) To Public Works for inclusion in the Vacation/
records, letter from Community R-O-W
Cablevision Company, Plant Development (90)
Manager regarding tentative vacation of
rights -of -way for Windsor, Hillsborough
and Belmont Streets.
(i) To City Council Ad Hoc Aviation orgztns/
Committee for consideration, Resolution Org Cnty
No. 83 -02 of the Governing Board of the (54)
Inter - County Airport Authority inviting
the participation of the City of Newport
Beach in developing solutions to our
mutual air transportation growth
requirements.
(j) -To Planning Department for inclusion in CdM Prk Site:
the records, petition regarding Corona Zong
•
del Mar Park sites zoning. (68/62)
(k) To City Council Ad Hoc Aviation /C -John Wyn
Committee for inclusion in the records, krpt
copy of letter from Jan D. Vandersloot, (54)
. M.D., to Orange County Supervisor Wieder
regarding Orange County -John Wayne
Airport, and letters from concerned
citizens (Mrs. Lorraine Leavitt, Jean
Ritter, John E. Worthing, Mr. and Mrs.
Phil Greyshock, Paul Ryckoff) regarding
proposed recent increase in flights.
5. COMMUNICATIONS - For referral to the City
Clerk for inclusion in the records:
(a) Mayor of the City of Santa Ana, Robert
Luxembourger °s letter to Supervisor
Bruce Nestande regarding future
direction of transportation expenditures
in the County.
(b) Orange County Formation Commission
Minutes of April. J3, Preliminary Agenda
for May 11, 1983, and Notice regarding
proposed annexation to Sanitary District
No. 5, designated Annexation No, 11 (MWD
Annexation).
•
Volume 37 - Page 156
CITY OF NEWPORT REACH
COUNCIL MEMBERS MINUTES
\(A1\1�`� \kPkP ROLL 1p May 9, 1983 INDEX
(c) Removed from the Consent Calendar.
(d) Orange County Health Planning Council
•
memo regarding support for renewal of
OCHPC designation as a Health Systems
Agency.
6. CLAIMS FOR DAMAGES - For denial and
(36)
confirmation of the City Clerk's referral to
the claims adjuster:
(a) Edna Hood for damages, allegedly due to
Hood
negligence: of the City in maintenance
and design, of roadway and shoulder on
Pacific Coast Highway near Santa Ana
River Bridge on January 30, 1983.
(b) Martin Hood for damages, allegedly due
Hood
to negligence of the City in maintenance
and design of roadway and shoulder on
Pacific Coast Highway near Santa Ana
River Bridge on January 30, 1983.
(c) Blanche S. McClellan for property
McClellan
damage, alleging faulty drain caused
water damage to carpet and other items
at 56 Balboa Coves on March 1, 1983.
(d) Kelly Meyer for alleged personal
Meyer
injuries as a result of stepping into
pot hole in street on Begonia Avenue on
March 29, 1983.
•
(e) Don Naslund alleging property damage to
Naslund
left rear pan6l of his vehicle due to
City truck backing out of the parking
lot of E1 Rancho Market in Eastbluff on
March 5, 1983.
(f) Michael G. Stowell alleging personal
Stowell
injuries by City Police Officer at 2904.
W. Pacific Coast Highway on January 23,
1983.
(g) Robert Williams alleging personal
Williams
injuries as a result of trip and fall
over hoses maintained by City Utilities
Department at Lido Marina Village
Shopping Center on March 17, 1983.
7. SUMMONS AND COMPLAINTS - For denial and
(36)
confirmation of the City Clerk's referral to
the claims adjuster:
(a) Stephanie Lohr, Orange County Superior
Lohr
Court Case No. 40- 18 -23. Claim was
denied by City Council on November 22,
1982.
•
Volume 37 - Page 157
v
COUNCIL MEMBERS MINUTES
��o���G� &tp Rol ( ®� I � � May 9, 1983 INI]FX
(b) William F. ' Selle, Orange County Superior
Selle
Court Case No. 40- 07 -97. Application
for Leave to Present Late Claim was
•
denied by City Council on April 11,
1983.
(c) Raul F. Vega, Orange County Superior
Vega
Court Case No. 39- 93 -70. Claim was
denied by City Council on September 27,
1982.
8. REQUEST TO FILL PERSONNEL VACANCIES: None.
(66)
9. STAFF AND COMMISSION REPORTS - For Council
information and approval:
(a) Report from the City Manager regarding
Cncl Policy
proposed AMENDMENT TO COUNCIL POLICY
(69)
F -11 - ADMIT4ISTRATION OF OPERATING
BUDGET.
10. PUBLIC HEARING SCHEDULING - May 23, 1983:
(a) Removed from the Consent Calendar.
(b) 1983 SUBMISSION FOR COMMUNITY
UD /CDBG
DEVELOPMENT BLOCK GRANT FUNDS AND A 1983
(87)
SUBMISSION FOR ADDITIONAL CDBG FUNDS
UNDER THE APPROPRIATIONS ACT. (Report
from the Planning Department)
11. USE PERMIT NO. 3017 - Approve a Use Permit
U/P 3017
•
Agreement guaranteeing completion of the
(88)
public improvements required with Use Permit
3017; and authorize the Mayor and City Clerk
to execute the agreement (421 -31st Street, on
the northerly side of 31st Street between
Villa Way and Newport Boulevard, Cannery
Village). (Report from Public Works)
12. SUPERIOR AVENUE REALIGNMENT AT COAST HIGHWAY
Superior Av
(CONTRACT 2119) - Approve the plans and
Rlgnm /CHwy
specifications for subject project; and
C -2119
authorize the City Clerk to advertise for
(38)
bids to be opened. at 2:30 p.m., on June 1,
1983. (Report from Public Works)
13. UNDERGROUNDING UTILITIES IN CHINA COVE -
Utiltes/
Refer petitions submitted by property owners
Undergrdg
requesting that utilities in China Cove be
(89)
undergrounded, to Public Works Department for
a report. (Report from Public Works)
14. SOUND AMPLIFICATION PERMIT - Approve the
Permits /Snd
request of the Balboa Improvement Association
Amplfctn
for summer band concerts in Balboa Pier Park,
Balboa Impry
as recommended in the staff report. (Report
Assn (65)
from License Supervisor)
•
Volume 37 - Page 158
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
o��� S9�jy CG�s���
Gtr May 9, 1983
ROLL CALL INDEX
15. BUDGET AMENDMENTS - For approval: (25)
BA 7084, $1,200.00 - Transfer in Budget
•
Appropriations to provide for parking meter
coin carts; Traffic and Parking Fund.
BA -085, $20,685.00 - Increase in Budget
Appropriations and Decrease in Unappropriated
Surplus for Professional services contract
for OASIS Park Grading; General Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
Motion
x
1. Orange County Division, League of California 0/C League
All Ayes
Cities Minutes of March 17, and Tentative (54)
Agenda for General Meeting to be held on May
12, 1983, were presented, wherein support for
Mayor Hart's reappointment to the Orange
County Airport Land Use Commission for a
4 -year term, was approved.
2. Proposed resolution amending Resolution No. Balboa Pier
82 -39 regarding Concessionaire Agreement Cnesn
between the City and Douglas Cavanaugh C -2326
(Contract No. 2326), for the restaurant
located on Balboa Pier, and a report from the
City Manager, were presented.
A discussion ensued to consider whether the
selling of beer and wine should be approved,
as the Balboa Pier is a City leased facility,
and this area is utilized by different age
groups.
Randy Toller, 113 -29th Street, addressed the
Council, commenting that such restrictions
l
I
tend to discriminate against young people.
Motion
x
Motion was made to adopt Resolution No. Res 83 -46
Ayes
x
x
x
x
x
x
83 -46, and approve suggested course of
Noes
x
actions 1 -5, as listed in the staff report.
Motion
x
3. Resolution No. 83 -49 authorizing the Mayor Res 83 -49
Ayes
x
x
x
x
x
x
and City Clerk to execute Agreement to Npt Dunes
Noes
x
resolve litigation of Newport Dunes Rdvlpmt
Redevelopment, and a report from City C -2394
Attorney, were presented, and was adopted (38)
after discussion..
Council Member Strauss thanked the Council
and staff who worked on the project, stating
that it was well--done, but for the record, he
voted "no" because it includes a hotel. He
also stated that he felt the City of Newport
Beach has too many hotels; although this
particular hotel is not as objectionable as
some of the Marriott Hotels and others, it is
a hotel, and for that reason he opposed the
motion.
•
Volume 37 - Page 159
�.
COUNCIL MEMBERS MINUTES
ROLL �� May 9, 1983 INDEX
Motior
All A}
•
Motion
All Ay
Motion
All Ay
•.
9
.og�
x
4. Motion was made to remove Agenda Item F -2(b)
Ofcl Police
,es
from the Consent Calendar, a proposed
Towing /G &W
resolution amending Resolution No. 82 -110
F: Harbor
regarding clarification of hours of operation
(70)
and other matters relating to G & W, and
Harbor Towing of Police and /or private
vehicles, which was presented with a report
from the City Manager.
Pete Cooper, 202 Sapphire, Balboa Island,
addressed the Council, regarding G & W Towing
Company's policy that the exact change be
presented in order to remove a car from their
storage lot during the late night hour.
The City Manager stated that the City
regulations do not specifically address the
foregoing, and suggested that Mr. Cooper
submit a letter with pertinent information,
so that staff can investigate and report back
to him.
x
Motion was made to adopt Resolution No.
Res 83 -47
es
83 -47, amending Resolution No. 82 -110
regarding clarification of hours of operation
and other matters relating to G & W, and
Harbor Towing of Police and /or private
vehicles.
x
5. Agenda Item F -4(a) was removed in error, and
Solid Waste
es
after clarification, motion was made to
Mgm
approve action on the Consent Calendar: To
(74)
staff for inclusion in the records, summary
recommendations of Solid Waste Management
Commission on Solid Waste Gate Fees for
1983 -84.
6. ORDINANCE FOR INTRODUCTION - Schedule for
public hearing on May 23, 1983:
Proposed ORDINANCE being,
Zoning Ord
(94)
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING A PORTION OF
. - DISTRICTING MAP NO. 3 TO RECLASSIFY
PROPERTY FROM THE UNCLASSIFIED
DISTRICT TO THE R -2 DISTRICT,
PLANNING COMMISSION AMENDMENT NO. 585,
initiated by MAX MORGAN, Newport Beach,
being a request to consider an amendment
to a portion of Districting Map No. 3 so
as to reclassify property from the
Unclassified District to the R -2
District. In addition, the applicant
proposes to establish ten foot front
yard setbacks on said Districting Map
for lot frontages adjacent to 32nd
Street (extended) and 33rd Street and a
nine foot front yard setback on 31st
Street. The proposal also includes the
acceptance of an Environmental Impact
Report (Report from the Planning
Department);
.og�
COUNCIL MEMBERS MINUTES
sA
Rol I (AaV 1 ��� g * \I; G6P May 9, 1983 INDEX
AND
PUBLIC HEARING SCHEDULED - For May 23, 1983:
TENTATIVE MAP OF TRACT NO. 11906, a TMap /Tr
request of MAX MORGAN, Newport Beach, to 11906
subdivide. 1.65 acres of land into nine
lots for residential condominium
development, one lot for residential
duplex development, and one lot for
single - family residential development.
The application also includes a request
for exceptions to the Subdivision Code
so as to allow the creation of corner
lots containing less than sixty foot
widths and less than 6,000 sq..ft. in
land area, and interior lots containing
less than fifty foot widths and less
than 5,000 sq.ft. in land area. The
proposal also includes a request to
establish grades for the purpose of
measuring heights of proposed buildings.
The request also includes the extension
of Seashore Drive from 33rd Street to
Balboa Boulevard and the extension of
two existing alleys. Property located
at 120 - 32nd Street in West Newport
(Report from the Planning Department),
were presented.
Motion
x
After discussion by staff, motion was made Ord 83 -21
Ayes
to introduce Ordinance No. 83 -21, pertaining PCA 585
to amending a portion of Districting Map No. &
3 to reclassify property from the p /Tr
Unclassified District to the R -2 District 11906
(Planning Commission Amendment No. 585), and &
reschedule the public hearings for June 27, Trfk Stdy/
1983, including the foregoing related /P 3022
Tentative Map of Tract No. 11906, Max Morgan Cstl Dvl #1
request, together with the Traffic Study /Use Max Morgan
Permit No. 3022 and Coastal Development No.
1, called up by Council at the meeting of
April 25, 1983, at the specific request of
the applicant in his letter of May 5.
H. ORDINANCES FOR ADOPTION: None.
I. CONTINUED BUSINESS:
1. APPOINTMENTS TO BICYCLE TRAILS CITIZENS BT /CAC
ADVISORY COMMITTEE:
Motion
x
Motion was made to defer (District 1) Council
All Ayes
Member Strauss's, and (District 7) Council
Member Cox's appointments to June 27, 1983.
J. CURRENT BUSINESS: None.
Volume 37 - Page 161
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
\CAL\L�A�� ��GSMay 9, 1983 RpL � 9 INDEX
K. ADDITIONAL BUSINESS:
on
x
1. Motion was made to reconsider, at the Council Oasis Prk
Ayes
meeting of May 23, 1983, the decision Council Grading
made on the Oasis Park Grading.
Motion
x
2. Motion was made to support Mayor Hart's Legislation
Ayes
x
x
x
x
x
approval of SB 693 (Campbell Bill -1c Sales SB 693
Abstain
x
x
Tax Increase for Orange County Transportation
_
Funding) at the League of California Cities.
Motion
x
3. Motion was made to include Traffic Study and U/P 3037
All Ayes
Use Permit No. 3037 at the Council review of Trfk Stdy
Tentative Map of Tract No. 11935, which is
scheduled for public hearing on June 13,
1983.
The meeting adjourned at 9:43 p.m.
Mayor
ATTEST:
I=
City Clerk
/
I
Volume 37 - Page 162