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HomeMy WebLinkAbout10/11/1983 - Regular Meeting0 *nt x x x Absent x Motion All Ayes Motion All Ayes x x x x x MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: October 11, 1983 Mayor Hart presented a permaplaqued Certificate of Appreciation to former Arts Commissioner Betty Tesman. Fire Chief Jim Reed presented a Proclamation to Ralph Rodheim of the Marine Division, Newport Harbor Chamber of Commerce, declaring that the City of Newport Beach is a co- sponsor of the Newport Beach Business and Industry Disaster Preparedness Seminar, in cooperation with the Orange County Chapter, American Red Cross and the Marine Division, Newport Harbor Chamber of Commerce. Thomas C. Edwards, President, Mariners Community . Association, addressed the Council and submitted a prepared statement relative to airport issues. Mr. Edwards announced that Mayor Hart had been appointed by Supervisor Harriett Wieder to a task force to promote the use of Ontario Airport, which would take pressure off of John Wayne Airport for further expansion. Mr. Edwards presented the Mayor with a check on behalf of the Mariners Community Association, to begin fund - raising efforts to promote the use of Ontario Airport. In addition, he urged the Council to adopt a resolution endorsing actions to promote Ontario Airport, as set forth in his prepared statement. In conclusion, a proposal was presented by Mr. Edwards, as a result of the recent Republic Airlines incident of September 27, 1983. IA. ROLL CALL. B. The reading of the Minutes of the Meeting of September 26, 1983, was waived, approved as written, and ordered filed. C. The reading in full of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Hart opened the public hearing regarding TENTATIVE MAP OF TRACT NO. 12035, a request of WALE DEVELOPMENT CORPORATION, Irvine, to subdivide five existing lots and portions of vacated Cypress Street and vacated Bay Avenue into one lot for residential condominium development. Property located at 406 East Bay Avenue, on the northeasterly corner of East Bay Avenue and Cypress Street, on the Balboa Peninsula; zoned R -4. Report from the Planning Department, was presented. Volume 37 - Page 307 12035 COUNCIL M�1 r yl;�1 � e October 11, 1983 MINUTES Volume 37 - Page 308 Tract 12035 Letter from Betty W. Hart and LaVerne R. Hart, owners of adjacent property, was presented. • It was noted that on September 8, 1983, the Planning Commission adopted a Condition of Approval whereby prior to recordation of the Final Map, the applicant shall enter into an agreement with the City guaranteeing the provision of one unit affordable to a County median income family for a period of no less than five years. Since the above time, the City Council amended Council Policy P -1 to require that moderate- income dwelling units remain affordable for a minimum of ten years. It was, therefore, recommended that the subject Condition of Approval be revised to reflect the ten year affordability requirement, as amended. Discussion ensued with respect to the Park Dedication Ordinance, wherein Council Member Agee indicated he would like to give further consideration to revising the formula for computing in -lieu fees, possibly at a future study session. In response to Council inquiry, the City Manager advised that there is approximately $900,000 in the in -lieu fee park fund. • Edward Wale, President, Wale Development Company, addressed the Council and stated that with respect to Condition of Approval No. 7, they will have to relocate a light and improve the street, which will be costly to the developer. Regarding Condition of Approval No. 13, in -lieu park fees, he felt that with all the other improvements required by the City, i.e., sewer, water, street and alley, etc., the fee should be in proportion to the number of units and not based on the value of the land. He also felt that if the City is going to require affordable housing, then some type of waiver of fees should be allowed on that particular affordable unit. In conclusion, he stated he felt his project would be of great benefit to the City. Hearing no others wishing to address the Council, the public hearing was closed. Pertaining to the issue of affordable housing and the Mello Guidelines, the City Attorney advised that, with regard to property containing more than one structure and more than three, but less than ten dwelling units, it's up to the City to make the determination whether to require • replacement units, or consider it new development. Volume 37 - Page 308 Tract 12035 COUNCIL MEMBERS A!' ROLL \rAL\L9 ti9 ti� ���jf St�En,Q\tp October 11, 1983 MINUTES IP.19A:1 Volume 37 - Page 309 There being no objections, the hearing was Tract 12035 reopened to allow the applicant to address the Council. Mr. Wale discussed the structures currently existing on the property, their use and present occupants. Mayor Hart closed the public hearing. Motion x Motion was made to approve the Tentative Map of Tract No, 12035, subject to the Findings and Conditions of Approval recommended by the Planning Commission, with the exception that the affordable units remain affordable for a minimum of 10 years, and with the additional finding, as recommended by the City Attorney, which reads as follows: "That given the circumstances of this project, and the information provided by the applicant, it is not feasible to require replacement of units occupied by persons of low and moderate income." Motion x Substitute motion was made to approve the Tentative Map of Tract No. 12035, subject to the Findings and Conditions of Approval recommended by the Planning Commission, with the additional finding, as suggested by the City Attorney, set forth in the foregoing, and with the provision that the affordable unit be a "for sale" unit and remain . affordable for a period of 15 years. Following discussion of the substitute motion, Council Member Strauss restated his motion, as set forth above, but eliminated any reference to whether the affordable unit be a "for sale" or "rental" unit. Ayes x x The substitute motion was voted on and Noes x x x x FAILED. Council Member Plummer expressed her concern over the intensity of the development occurring in the subject area, indicating she hopes the Council will make a reevaluation, at some future time, of the Multiple Family Zone that permits such intense use. Ayes x x x x x The motion on the floor was voted on and Noes x carried. 2. Mayor Hart opened the public hearing and City U/P 1872(A) Council review of USE PERMIT NO. (88) 1872(AMENDED), a request of MAMIE VAN DOREN, Newport Beach, to amend a previously- approved use permit, which allowed the construction of a two - story, single- family dwelling and • related parking spaces to the rear of an existing commercial shop in the C -2 District, to allow the conversion of three covered parking spaces into commercial floor area, and the acceptance of an offsite parking agreement for a portion of the required Volume 37 - Page 309 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES \CAL���9 `G\4"p OLL �F.p y1<; October 11, 1983 INDEX Volume 37 — rage 310 parking spaces. Property located at 428 -31st /P 1872(A) Street in Cannery Village. The decision of • the Planning Commission to deny this application was overruled by the City Council on September 22, 1980, subject to review by the City Council after a three -year period. The applicant is now requesting a further modification to Use Permit No. I872(Amended) to substitute in -lieu parking in place of the . previously- approved offsite parking. Report from the Planning Department, was presented. Letter from Mamie Van Doren, requesting postponement, was presented. Motion x Motion was made to continue hearing to All Ayes October 24, as requested by the applicant. 3. Mayor Hart opened the public hearing and City U/P 2020(A)/ Council review of an appeal by MAVIS Variance INVESTMENTS, INC., dba "LE BISTRO," from the 1103 denial by the Planning Commission on (88) September 8, 1983, of USE PERMIT NO. 2020(AMENDED) AND VARIANCE NO. 1103, requests to amend a previously - approved use permit, which permitted the establishment of the "Le Bistro" Restaurant facility with on -sale beer and wine. The proposed amendment is a. request to increase the "net public area" of the restaurant and to add live entertainment (i.e., a piano) to the restaurant • operation. Variance No. 1103 requests a waiver of all of the additional required offstreet parking; spaces in conjunction with the expansion of the net public area of the "Le Bistro" restaurant facility. Property located at 3448 Via Oporto, on the northeasterly side of Via Oporto, between Central Avenue and Via Lido in the Lido Marina Village; zoned C -1. Report from the Planning Department, was presented. Ralph Henderson, applicant, addressed the Council and requested that the hearing be continued in order that he may be represented by his attorney. Motion x Motion was made to continue the public All Ayes hearing to November 14, 1983, with the understanding that applicant is not to use the area requested for a public restaurant until given approval by the City Council. E. PUBLIC COMMENTS: 1. Kristine Faison, 514 Poinsettia, Corona del Mar, addressed the Council and submitted a • letter of complaint against City employee Ray Baltera of the Building Department. Volume 37 — rage 310 � 110111,11 • COUNCIL MEMBERS \0 ��71 �t�tn,QG�� October 11, 1983 OLL MINUTES g Volume 37 - Page 311 Mayor Hart stated she would investigate the matter and contact Ms. Faison as soon as • possible. 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 October 24, 1983: (a) Removed from the Consent Calendar. (b) Removed from the Consent Calendar. (c) Removed from the Consent Calendar. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 83 -98 declaring the City Tract 907/ of Newport Beach's intention to transfer Undrgr Utl ownership of the underground utilities Res 83 -98 system in Tract 907, Lido Isle to the (89) Southern California Edison Company, and schedule public hearing on November 14, 1983. (Report from Public Works Department) (b) Resolution No. 83 -99 declaring the City Tract 907/ of Newport Beach's intention to transfer Undrgr Utl ownership of the underground utilities Res 83 -99 system in Tract 907, Lido Isle to (89) • Pacific Telephone, and schedule public hearing on November 14, 1983. (See report with Agenda Item F -2(a)) (c) Resolution No. 83 -100 authorizing the /Bay Erosn Mayor and City Clerk to execute a Cntrl & Slope Settlement Agreement and Release between Repair/Irvine the City and The Irvine Company Company concerning West Bay Erosion Control and Res 83 -100 Slope Repair. (Report from Public Works C -2418 Department) (38) (d) Resolution No. 83 -101 authorizing the Pdstrn /Bikwy City Manager, or his designee to submit Fac - '83 -84 an application to the Orange County SB 821 Fndg Transportation Commission and Southern Res 83 -101 California Association of Governments (74) for the construction of Pedestrian and Bikeway Facilities - 1983 -84 S.B. 821 Funding Program. (Report from Public Works Department) 3. CONTRACTS/AGREEMENTS: (a) Approve purchase of the State's Title to PW /Prpty Tax Deeded Property (T.C. Sale #1291) Acquired located at westerly corner of Sunset (73) Drive and Colton Street, and at westerly • corner of Flagship Road and Dana Road; and authorize the Mayor and City Clerk to execute said Agreement. (Report from Public Works Department) Volume 37 - Page 311 COUNCIL MEMBERS �c �o � �� ti� s-, � F f G 9 9 G 9 tn,Q F S October 11, 1983 rA:: MINUTES INDEX .-5- '.� (b) Approve Encroachment Agreement with ermit /Enchru Richard L. Belveal to permit nonstandard Agrm improvements in the public right -of -way (65) adjacent to 701 Kings Road; and authorize the Mayor and City Clerk to execute said agreement and record with the Orange County Recorder. (Report from Public Works Department) (c) Award Contract No. 2404 to R. E. Bayfrnt Blkhd Lenihan, Int., Inc., for $35,235; and Slg /Sdwlk authorize the Mayor and City Clerk to Grouting'83 -4 execute said contract for Bayfront C -2404 Bulkhead Sealing and Sidewalk Grouting (38) 1983 -84. (Report from Public Works Department) 4. COMMUNICATIONS - For referral as indicated: (a) To the Executive Assistant to the City CATV /Grp W Manager for inclusion in the records, (42) letter of opposition to the proposed above- ground installation by Group W Cablevision from Cliff Haven Community Association. (b) To Planning Department for response, Plang/Novak': copy of letter from Mr. and Mrs. Richard Place Nichols regarding "Novak's Place." (68) (c) Removed from the Consent Calendar. 5. COMMUNICATIONS - For referral to the City • Clerk for inclusion in the records: (a) Memorandum from General Services Director General Sery regarding Departmental Costs for Special (44) Refuse Collection for Corona del Mar. (b) Orange County Division League of California Cities Minutes of the General Meeting of September 15, 1983. (c) Orange County Local Agency Formation Commission Minutes of September 14, and Preliminary Agenda of October 12, 1983. (d) Notice of Amendment to Application No. 83 -08 -46 of Trailways, Inc. and American Buslines, Inc., before the California Public Utilities Commission. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City.Clerk's referral to the claims adjuster: (a) Margaret J. Corkett alleging property Corkett damage to trees, as a result of flooding of street, sidewalks and parking area on the West Bay Avenue side at 305 Buena • Vista Avenue on August 7, and 8, 1983. V..l.....e 77 _ D...... Qt9 .-5- '.� COUNCIL MEMBERS t"F ¢ 9G q9�\X\ t October 11, 1983 ray I MINUTES 1 0 ume - rae. �Ij (b) Joseph Fascella for property damage Fascella stating that, while he was stopped 30 ft. behind City Dump Truck, allegedly without warning, the dump truck backed . up into claimant's car, pushing it back approximately 10 ft., in the vicinity of Seville Alley, north of Miramar on October 3, 1983. (c) Michael Heath alleging personal injuries eath by City Police Officers at The Stag Club, 121 McFadden, on June 25, 1983. (d) Angel Salcedo alleging personal injuries Salcedo as a result of police arrest at intersection of Bristol and Redhill on June 18, 1983. (e) Jack Sobachian alleging property damage Sobachian as result of arresting officer putting handcuffs over his watch, causing damage to gold Omega DeVille watch at Marriott Hotel, 900 Newport Center Dr., on August 20, 1983. (f) Application to Present Late Claim - John and /Romero Land and Al Romero alleging permanent, personal injuries as a result of traffic accident at intersection of Balboa Boulevard and 35th Street, on April 1, 1983. 7. SUMMONS AND COMPLAINTS - For denial and • confirmation of the City Clerk's referral to the claims adjuster: 1 (a) Removed from the Consent Calendar. (b) Sylvia Goddard for Damages and Inverse Goddard Condemnation, Orange County Superior Court Case No. 412587. Claim was denied by Council on March 28, 1983. (c) Edna Hood, et al for Wrongful Death, Hood _ Negligence, and Loss of Consortium, Orange County Superior Court Case No. 41- 02 -90. Claim was denied by City Council on May 9, 1983. (d) Michael George Stowell for Damages, Stowell Orange County Superior Court, Case No. 410959. Claim was denied by Council on May 9, 1983. 8. REQUEST TO FILL PERSONNEL VACANCIES: (Report (66) from the City Manager) (a) One Plan Check Engineer, Building Department. • 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Removed from the Consent Calendar. 0 ume - rae. �Ij CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL \rAl October 11, 1983 MINUTES : "iuluc J1 - rage J14 (b) UPPER NEWPORT BAY COOPERATIVE AGREEMENT Upr Npt Bay/ AND NOTES FROM MEETING OF SEPTEMBER 30, Cop Agm 1983 WITH MR. CARPER, DEPARTMENT OF FISH C -2203 • AND GAME DIRECTOR. (Report from Public (38) Works Department) 10. PUBLIC HEARING SCHEDULING - For October 24, 1983: (a) Removed from the Consent Calendar. (b) Removed from the Consent Calendar. (c) Removed from the Consent Calendar. 11. ACCEPTANCE OF WATER MAIN RELINING PROGRAM, Wtr Mn Ring 1982 -83 (CONTRACT NO. 2353) - Accept the Prgrm'82 -83 work; and authorize the City Clerk to file a C -2353 Notice of Completion and release the bonds 35 (38) days after filing. (Report from Public Works Department) 12. OASIS SHUFFLEBOARD COURTS (CONTRACT NO. 2378) Oasis Shlflbd - Accept the work; and authorize the City Crts Clerk to file a Notice of Completion and -2378 release the bonds 35 days after filing. (38) (Report from Public Works Department) 13. SOUND AMPLIFICATION PERMIT FOR CORONA DEL MAR ermit /Com "FALL 5- Miler" - Uphold staff's -Miler recommendation for approval. (Report from (65) Parks, Beaches and Recreation) • Note: After agenda was printed, letter of complaint and suggestions from 11. A. Anderson regarding races being held in Corona del Mar, was received. 14. TRAVEL AUTHORIZATION AND EXPENSE RECORD Cncl Expns Approve reimbursement in the amount of (33) $409.00 for Council Member Donald A. Strauss's attendance at the League of California Cities Conference, San Francisco, from October 1 - 3, 1983. 15. BUDGET AMENDMENTS - For approval: (25) BA -030, $10,600.00 - Transfer in Budget Appropriations for replacement of detective vehicle destroyed in traffic accident when struck from rear by a truck; Police - Detective Fund. BA -031, $10,000.00 - Increase in Budget Appropriations for Donation to South Coast Repertory; Nondepartmental Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Proposed ORDINANCE NO. 83 -25, being, Drd 83 -25 Zoning • AN ORDINANCE OF THE CITY OF NEWPORT (94) 94) BEACH AMENDING PORTIONS OF DISTRICTING MAPS NOS. 43, 44 AND 58, SO AS TO RECLASSIFY SAID PROPERTY FROM THE "iuluc J1 - rage J14 • MINUTES October 11, 1983 UNCLASSIFIED DISTRICT TO THE PLANNED COMMUNITY DISTRICT AND ADOPTING A NEW PLANNED COMMUNITY DEVELOPMENT PLAN FOR THE ENTIRE NORTH FORD AREA (PLANNING COMMISSION AMENDMENT NO. 592); and Proposed ORDINANCE NO. 83 -27, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADOPTING A CORE PLANNNED COMMUNITY DEVELOPMENT PLAN FOR NEWPORT VILLAGE, BOUNDED BY EAST COAST HIGHWAY, MACARTHUR BOULEVARD, SAN MIGUEL ROAD, AND AVOCADO AVENUE, IN NEWPORT CENTER (PLANNING COMMISSION AMENDMENT NO. 594); and GENERAL PLAN AMENDMENT NO. 82 -1, a request initiated by the City of Newport Beach, to amend the Land Use, Residential Growth, Recreation and Open Space, Circulation and Noise Elements of the Newport Beach General Plan for the North Ford Planned Community, and the San Diego Creek South site; and the certification of an Environmental Impact Report; and LOCAL COASTAL PROGRAM AMENDMENT NO. 3, a request to amend the Land Use Plan of the Newport Beach Local Coastal Program for the San Diego Creek South site; and AMENDMENT NO. 592, a request to amend the North Ford Planned Community so as to include all of the land northerly of Eastbluff Drive (Extended) to San Diego Creek, between the City boundary and Jamboree Road; and all of the land southerly of Eastbluff Drive (Extended) to Bison Road, between MacArthur Boulevard and the easterly boundary of the North Ford Planned Community. This amendment also includes a request for the introduction of a proposed ordinance to amend portions of Districting Maps No. 43, 44 and 58, so as to reclassify said property from the Unclassified District to the Planned Community District; and AMENDMENT NO. 593, a request to consider an amendment to the Koll Center Newport Planned Community Development Plan so as to allow 295,000 sq. ft, of additional office development in Office Site "C" of the Roll Center Newport Planned Community; and GENERAL PLAN AMENDMENT NO. 83 -1, a request initiated by the City of Newport Beach to amend the Land Use and Residential Growth Elements of the Newport Beach General Plan so as to allow construction of an additional 428 dwelling units in Newport Center, including 150 affordable units in Newport Village; and Volume :37 - Page 315 592 83 -27 594 82 -1 (45) No. 3 592 593 83 -1 • • Motion Motion All Ayes x N* Ixlx I I xlxI MINUTES October 11, 1983 Volume 37 - Page 316 q., AMENDMENT N0. 594, a request initiated by the Amnd 594 City of Newport Beach to consider the adoption of a Planned Community Development Plan for the Newport Village area in Newport Center. Area bounded by East Coast Highway, MacArthur Boulevard, San Miguel Road, and Avocado Avenue in Newport Center; and GENERAL PLAN AMENDMENT NO. 82 -2, a request GPA 82 -2 initiated by the City of Newport Beach to amend the Land Use Element of the Newport Beach General Plan for Area 8 of the Aeronutronic Ford Planned Community from "Low- Density Residential" uses to "Multi- Family Residential" uses, and the certification of an Environmental Impact Report; and AMENDMENT NO. 591, a request to amend the Ammd 591 Aeronutronic Ford Planned Community Text so as to increase the number of allowable dwelling units in Area 8 and to revise the development standards for Areas No. 1, 6, 7, and 8 of the Planned Community. Area bounded by MacArthur Boulevard, Ford Road, Jamboree Road, and Bison Avenue in the Aeronutronic Ford Planned Community; and TENTATIVE MAP OF TRACT.NO. 11604, a request Tract 11604 of the J. M. Peters Company, Newport Beach, to establish a single lot subdivision for residential condominium purposes where thirty -four lots now exist in conjunction with the construction of a 198 unit residential condominium development. Property located on the southeasterly corner of Bison Avenue and Jamboree Road, commonly known as "Belcourt" Area 8, within the Aeronutronic Ford Planned Community; zoned P -C; were presented together with reports from the Planning Department. x Motion was made to schedule public hearings on the foregoing items for November 14, 1983. Council Member Strauss indicated he felt more time was needed in order to notify the public of the magnitude of these items, and also allow the staff additional time in which to complete the minutes of the Planning Commission, when these issues were heard by the Commission. Prior to voting on the motion, Mayor Hart referred to proposed Ordinance No. 83 -25, and made a motion to delete Section "C," (Building Height) which appears in Exhibit "D11 (handwritten page 18) attached to said ordinance. x The motion to continue the hearing to November 14, 1983, was voted on and FAILED. Volume 37 - Page 316 q., COUNCIL Motion x Ayes x x x x x x Don Ayes x Noes x Motion Ayes x x Noes 0 x x x X x X x x x X A' 7 �� - .' J. ,. MINUTES October 11, 1983 Motion was made to introduce ORDINANCE NOS. 83 -25, and 83 -27, and to schedule public hearing thereon, for October 24, 1983; in addition, public hearing to be scheduled for October 24, 1983 on GENERAL PLAN AMENDMENT NO. 82 -1; LOCAL COASTAL PROGRAM AMENDMENT NO. 3: AMENDMENT NO. 592; AMENDMENT NO. 593; GENERAL PLAN AMENDMENT NO. 83 -1; AMENDMENT NO. 594; GENERAL PLAN AMENDMENT NO. 82 -2; AMENDMENT NO. 591; and TENTATIVE MAP OF TRACT NO. 11604. 2. Proposed ORDINANCE NO. 83 -28, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 20.10 AND SECTION 20.87.140 OF THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING REGULATIONS PERTAINING TO SECOND FAMILY RESIDENTIAL UNITS ON SINGLE - FAMILY LOTS IN THE CITY OF NEWPORT BEACH, PLANNING COMMISSION AMENDMENT NO. 595, initiated by the City of Newport Beach to amend the Municipal Code, establishing regulations pertaining to second family residential units on single - family lots in the City of Newport Beach; was presented together with report from the Planning Department. Motion was made to schedule public hearing on the foregoing for November 14, 1983. Council Member Strauss stated this item was a new subject never debated, and will affect many types of homeowners throughout the City. He, therefore, felt more time should be given to the issue. It was pointed out by the staff that the ordinance had been prepared pursuant to requirement of State law. The motion was voted on and FAILED. Motion was made to introduce ORDINANCE N0. 83 -28 and PLANNING COMMISSION AMENDMENT N0. 595, and schedule public hearing for October 24, 1983. 3. Letters of opposition regarding proposed expansion of Orange County -John Wayne Airport were presented to Council from: Mr. and Mrs. Carl G. Moore, Jacqueline Shelburne, Mary Louise Schwennesen, Virginia C. Riley, Janet Mondon, Nannette Kincannon, Trish Deeter, Susan L. Wattson, Leroy Strauss, Brenda J. Wilson, Mr, and Mrs. Richard A. Nelson, Volume 37 - Page 317 Ord 83 -28 Zoning (94) PCA 595 0 /C -JWyn Arprt (54) CITY OF NEWPORT BEACH COUNCIL MEMBERS \CA1 o¢� 9y�q�ROLL � 5���G�� October 11, 1983 MINUTES TTTT37 Volume 37 - Page 318 Candace and Bill Rice, Donald and Suzanne /C -JWyn Proul, Mr, and Mrs. Stephen L. Eaton, and Mr. Airport and Mrs. Jerrold R. Cole; and after the • agenda was printed from: Frank W. Lynch, Edgar and Lucille Dakin, Jane and Clinton Rygel, John and Adele Melhorn, Thomas K. Callister, Mr. and Mrs. Nelson Mamey, John and Duane Reed, Alan Walker, the Meshi family, Gary and Jeanne Conwell and family, Robert Steffensmeier, Mr, and Mrs. Richard Beckner and Victoria Tappan; and a copy of letter from Hallack W. Hoag to Orange County Board of Supervisors and City of Newport Beach, regarding alleged nonadherance of pilots to prescribed flight pattern over Back Bay to the ocean. Council Member Strauss stated that, in view of the Republic Airlines incident and other airport issues, he felt it would be appropriate to introduce, at the next Council meeting, a policy question which will ask the City Council to reconsider its present posture with respect to the binding agreement. Motion x Motion was made to refer the subject letters All Ayes to the Ad Hoc Aviation Committee for inclusion in their records. 4. Status report from Public Works Department PCH /Wdng regarding COAST HIGHWAY WIDENING PROJECT Prj /EIS ENVIRONMENTAL IMPACT STATEMENT, was (74) presented. In reply to Council Member Strauss, the Public Works Director stated that CalTrans' response is directed to the completion of the Environmental Impact Statement, and not to the construction project itself. CalTrans has indicated in their response, that the i environmental document should provide for the possibility of future implementation of the re- striping. It does not require or mandate that that work be included in the City's proposed project. It is necessary to complete the environmental document in order to proceed with the main part of the project, i.e., right -of -way appraisals, negotiations, and acquisitions; and preparation of final plans. The Public Works Director further stated that, to the best of his knowledge, CalTrans has not mandated a general removal of parking on an area -wide basis, and has always consulted with the affected local agency on matters of this type. Volume 37 - Page 318 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES El Motion, All Ay s Motion All Ayes a Motion All Ayes x x October 11, 1983 In response to Council Member Agee, the CH /Wdn Public Works Director stated that Pacific rj/EIS Coast Highway is a State Highway, and he would, therefore, assume the State had the right to control. it in an appropriate way. With regard to parking removal, he could not provide a definitive legal answer, but would investigate and report back. Following comments, motion was made to concur in completion of the EIS in accordance with the Council's recommendations of June 27, 1983, and the CalTrans letter of September 1, 1983. 5. Summons and Complaint from Slurry Seal of S &C /Slurry Arizona and E.C.N.A., Inc., to Recover Seal Ariz & Penalties and Forfeitures, Orange County ECNA (36) Superior Court Case No. 411359, was presented. In response to Council Member Heather, the Public Works Director reported that the suit filed against the City is a dispute between the State and E.C.N.A. over Statutory Wages, and does not deal with the job itself. In view of the foregoing, motion was made to deny and confirm the City Clerk's referral to the claims adjuster. H. ORDINANCES FOR ADOPTION: 1. ORDINANCE NO. 83 -26, being, 10rd 83 -26 AN ORDINANCE OF THE CITY OF NEWPORT BEACH TO INCREASE THE TRANSIENT OCCUPANCY TAX RATE FROM SIX PERCENT (6 %) TO EIGHT PERCENT (8 %), EFFECTIVE JANUARY 1, 1984, was presented for second reading and adoption, with report dated September 26, 1983 from the City Manager. Motion was made to adopt Ordinance No. 83 -26 I. CONTINUED BUSINESS: None. J. CURRENT BUSINESS: 1. Letter from Dennis O'Neil resigning from the Cncl Ad Hoc/ City °s Aviation Committee, effective" Avtn Cmte September 21, 1983, was presented. 1(24) Volume 37 - Page 319 Motion All Ayes 0 Motion All Ayes Motion All Ayes Motion x All Ayes x x x MINUTES October 11, 1983 Motion was made to defer the Mayor's appointment of "a Volunteer Attorney" to serve on the Aviation Committee to October 24, 1983. K. ADDITIONAL BUSINESS: 1. Motion was made to set public hearing on October 24, 1983, for the following: NORTH FORD Traffic Study - North Ford Traffic Study - Koll Center Newport Amend. #2 -• Traffic Phasing Plan, Koll Center Amend. #1 - North Ford Traffic Phasing Plan AERONUTRONIC FORD Traffic Study Amend. # 3 - Traffic Phasing Plan Use Permit No. 3054 2. Motion was made to schedule public hearing for November 14, 1983, on the Sheraton Hotel Expansion; Use Permit No. 1547(Amended); Traffic Study; and Amend. #5 - Traffic Phasing Plan. The City Council adjourned to a closed session at 9:40 p.m. The meeting was reconvened at 10:23 p.m. Motion was made to direct the City Attorney to prepare a claim against Republic Airlines for expenses incurred in fighting fires created by the airlines on September 27, 1983. Meeting adjourned at 10:25 p.m. ATTEST: City Clerk Mayor Volume 37 - Page 320 3054 1547(A)