HomeMy WebLinkAbout02/13/1984 - Regular MeetingCOUNCIL MEMBERS
.O Sys REGULAR COUNCIL MEETING
qG'��o¢�� �9�$Cn� PLACE: Council Chambers
(n 'A TIME: 7:30 P.M.
(n tf9 DATE: February 13, 1984
PAI 1
MINUTES
Iklnuv
Dennis Mueller and Mayor Hart presented diplomas
� - e
on behalf of Mayor Angara of the Phillipines to
five Corona del Mar High School students in
recognition of the Surfing Educational Cultural
`
Exchange Program.
Present
x
x
x
x
x
x
x
A. ROLL CALL.
Motion
x
B. The reading of the Minutes of the Meeting of
All_ Ayes
January 23, 1984, was waived, approved as
revised on pages 24 (Item G.1, paragraph two,
second sentence to read "increase from $90
per hour to $110 per hour ") and 29 (paragraph
three to read "Ralph Clock, 116 Via
Havre,.. "), and ordered filed.
4otion
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
U/P 1987
hearing and City Council review of USE PERMIT
(88)
N0. 1987, the revocation of which was
recommended by the Planning Commission at its
meeting of December 8, 1983, being a
previously- approved use permit of ALBERT
MARDIKIAN ENGINEERING, INC. /TREND IMPORT
SALES, INC., which allowed the establishment
of an automobile sales and service facility
in the C -1 -H District. Said recommended
revocation proceedings are for failure to
comply with required Conditions of Approval.
Property located at 1200 West Coast Highway,
on the northerly side of West Coast Highway,
across from the, Balboa Bay Club;
AND
Public hearing and City Council review of an
U/P 1987(A)/
appeal of ALBERT MARDIKIAN ENGINEERING,
Resub 763/
INC. /TREND IMPORT SALES, INC., from action
Variance
taken by the Planning Commission on December
1107
8, 1983 in conjunction with RESUBDIVISION NO.
763, USE PERMIT' NO. 1987 (AMENDED), AND
VARIANCE NO. 1107; a request to establish one
building site and eliminate interior lot
lines where four lots currently exist so as
to allow alterations to an existing
automobile sales facility; a request to amend
a previously - approved use permit by expanding
the existing auto sales facility and
establish a separate automobile service
facility, including a modification so as to
allow the use of tandem spaces; and a request
to waive a portion of the required offstreet
parking in conjunction with the expanded use.
Volume 38 - Page 33
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\&I ?�. S 1 d'J
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��� 50 OO GOtn February 13, 1984
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MINUTES
INDFX
Report from the Planning Department, was
U/P 1987/
presented.
1987(A)/
Resub 763/
•
Appeal application with explanation from
Var 1107
applicant, was presented.
It was noted that the Planning Commission, at
its meeting of December 8, 1983, voted
unanimously to recommend to the City Council
that Use Permit No. 1987 be revoked for
failure of the applicant to comply with
Condition No. 6 imposed on April 23, 1981,
which requires:
"That prior to the issuance of the use
permit, the applicant shall dedicate to
the City for street and highway
purposes, the applicant's interest in a
12- foot -wide strip of land adjacent to
the Coast Highway and across the Coast
Highway frontage. The strip is to be
used in the future for the widening of
West Coast Highway."
It was further noted that the Planning
Commission did approve the new Use Permit, as
amended, and the Resubdivision.
Leo Aregian, Attorney representing the
applicant, addressed the Council and
requested 15 to 30 minutes for his
presentation.
�on
x
Motion was made to allow Mr. Aregian 20
A17 Ayes
minutes for his remarks.
a
Mr. Aregian staged that he felt the staff
report contained several misrepresentations.
He stated he bad not become a party to these
proceedings until just recently, with the
exception that tie was involved in the lease
assumption in 15181. He stated he was
representing the applicant on all matters
under consideration. He stated that from
1955 to 1980 the site has been used as an
automobile agency and in 1980 it was leased
to Commodore Yacht Sales for 15 years.
However, the lease only lasted one year. In
March 1981 this matter was referred to him by
Trend Imports. He submitted a letter dated
March 18, 1981 from Philippe Stoner of .
Commercial Brokers, Inc., regarding the lease
assignment at 1200 W. Coast Highway, which
had not been included in the staff material.
Mr. Aregian gave a brief history of his
involvement with this item, and also
discussed Mr. St:oner's letter of January 5,
1984, which, in his opinion, sets forth
certain misrepresentations made by John
Allison at the December 8, 1983 Planning
Volume 38 - Page 34
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
��� %tom \%p February 13, 1984
ROLL f'6.1I 'Q
MINUTES
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Commission meeting. Reference was made to
U/P 1987/
Condition No. 6, wherein Mr. Aregian stated
1987(A)/
that the City staff was coercing the
Resub 763/
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applicant into giving away 12 feet of land,
Var 1107
or its interest in 12 feet of land, for no
0
consideration whatsoever.
In conclusion, Mr. Aregian stated that the
conditions imposed with the resubdivision
were not acceptable. He stated that they did
not feel a resubdivision was necessary, and
therefore, withdrew their application for a
resubdivision and variance. He stated that
the Variance application was approved with
some 26 conditions, 25 of which he felt were
oppressive and intolerable. He stated he did
not feel it was "just" to revoke the original
Use Permit, and urged favorable consideration
of their request.
In response to question raised by the
Assistant City Attorney, Mr. Aregian stated
that they are also withdrawing their amended
Use Permit.
The Assistant City Attorney advised that with
respect to the dedication requirement, where
each instance has taken place, it may be
consistent with the policy, but it is
essentially based on the facts relating to
each of the particular uses. As long as the
use itself will generate a certain amount of
activity which would warrant some City
response, then the City has every legal
authority to impose such a requirement.
Regarding the amended use permit and
variance, if in fact the applicant wishes to
withdraw these, then it means that the
applicant has no legal right to pursue any of
the benefits that it would have otherwise
accrued from the grant given by the Planning
Commission.
Richard Nichols„ 519 Iris Avenue, Corona del
Mar, stated that he attended the Planning
Commission hearings regarding this item. He
stated it was his understanding that the only
interests that have been dedicated to the
City along Coast: Highway were leasehold
interests, and not fee - simple interests. He
stated there was quite a difference between
the two. He discussed the future widening of
Coast Highway, and stated he did not feel the
Council should set a precedent of requiring
people to donate: land to the City because
they live along a busy street. He felt that
if land is acquired, it should be done
through the courts with compensation for
same.
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Volume: 38 - Page 35
COUNCIL MEMBERS
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MINUTES
INDEX
Philippe Stoner, President, Commercial
U/P 1987/
Brokers, Inc., 1313 Morningside, Laguna
1987(A)
•
Beach, gave his understanding of the facts
when he represented Mr. Mardikian before the
Resub 763/
Var 1107
Planning Commission in 1981, with respect to
the Use Permit.
I
Hearing no others wishing to address the
Council, the public hearing was closed.
The City Manager stated that with the
withdrawal of the resubdivision, variance and
amended use permit, the Council is now
dealing with the issue of the original use
permit. He stated he felt there were two
alternatives for consideration: 1) to uphold
the recommendation of the Planning Commission
for noncompliance of the conditions imposed;
or 2) to overrule the recommendation of the
Planning Commission, letting the use permit
stand, and direct staff to seek compliance
with all conditions of the 1981 use permit.
Following discussion, there was a request to
reopen the public hearing, and hearing no
objections, it was so ordered.
Mr. Aregian stated that regarding the
encroachment of the covered parking structure
on the adjoining property, they have recently
ascertained that the contractor who built the
structure was In error, and did cross the
property line. Their only recourse is to
•
have that portion that encroaches on the
adjoining property removed in the immediate
future, and they are making plans for that
now. He stated. that they do not intend to
comply with the conditions imposed with
respect to the retroactive request for a
resubdivision, but will rely upon the permit
that was issued..
The owner of the adjacent property addressed
the Council and'. stated he had no objections
to the request, providing the encroachment is
removed in the very near future as promised.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made: to overrule the decision of
the Planning Commission and allow Use Permit
1987 to stand. In addition, the staff was
directed to obtain compliance with all the
conditions imposed with said use permit.
In response to Council Member Strauss, the
Assistant City Attorney stated that it would
be their recommendation as well, to seek
court relief to enforce all the conditions
that were originally imposed.
A Ayes
The motion was voted on and carried.
Volume 38 - Page 36
COUNCIL MEMBERS
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� February 13, 1984
ROLL F
MINUTES
INDEX
2. Mayor Hart opened the public hearing and City
U/P 3072
Council review of USE PERMIT NO. 3072, a
(88)
request of LOOMIS FOODS, INC., Corona del
•
Mar, to reconsider the action of the Planning
Commission in conjunction with the Conditions
of Approval for the "PARK BAR AND GRILL"
Restaurant. The proposed development
includes a full service bar, an addition of
an open patio for dining and drinking
purposes, and for the use of live
entertainment within the restaurant facility.
The proposal also includes the acceptance of
an Offsite Parking Agreement, which will
provide additional restaurant parking spaces.
Property located at 2515 East Coast Highway,
on the southeasterly corner of East Coast
Highway and Carnation Avenue, in Corona del
Mar; zoned C -1.
Report from the Planning Department, was
presented.
Letter dated February 7, 1984, from attorney
representing applicant, requesting withdrawal
of public hearing, was presented.
The City Clerk :reported that after printing
the agenda, a Latter had been received from
Carl Oberto, owner of properties at 619 and
621 Carnation Avenue, in opposition to the
request.
•
Robert Longacre, 701 Carnation Avenue, stated
he resides across the street from the subject
restaurant. He commented that it is a
high- volume bar open 7 days a week. He
stated that there have been two hit - and -run,
accidents involving parked cars, and that
there is not adequate offstreet parking. He
stated that City property has been damaged
and there have been numerous disturbance
calls, all between the hours of 1 and 3 a.m.
He stated he felt the Use Permit should be
revoked and a complete review be made of the
subject matter.
Rick Loomis, one of the owners of the Park
Restaurant, stated that they do provide
offstreet parking, and that he did not agree
with many of the statements made by Mr.
'Longacre. He stated he did not feel it was
fair that he be required to close at 12
midnight five nights out of seven, when other
similar establishments were allowed to remain
open until 2 a.m. He also stated that
closing early creates a hardship on their
livelihood. He requested that consideration
be given to closing Sunday through Wednesday
at 12 midnight, rather than Sunday through
Thursday.
Volume 38 - Page 37
MAW61 O I
COUNCIL MEMBERS
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GiP February 13, 1984
MINUTES
INDEX
In response to the City Attorney, Mr. Loomis
U/P 3072
stated that he felt the conditions imposed by
the Planning Commission were reasonable, with
the exception of the 12 midnight closure on
Thursday. He also stated that he would abide
by all the conditions imposed. He also
G
commented that he felt people patronized his
establishment because of the food, and not
because of alcoholic beverages.
In response to Council Member Strauss, Mr.
Loomis stated that business on Wednesdays and
Thursdays was about the same with.respect to
gross profit.
Richard Nichols, President, Corona del Mar
Community Association, addressed the Council
and referred to their letter in support of
the Planning Commission's recommendation to
restrict the hours of operation. He stated
that he also agreed with many of the comments
made by Mr. Longacre. He stated that the
restaurant has been expanded considerably,
but that no additional parking has been
provided. He discussed traffic problems in
the area, and cited numerous traffic
accidents.
Donald Augustine, 2431 Fourth Street, stated
that he lives approximately 50 yards from the
Park Restaurant, and that he has had to call,
the Police Department 12 times in the last
few months because of noise and disturbances.
•
He urged the Council to restrict the hours as
recommended by the Planning Commission.
Al Learned, 2515 Pacific Coast Highway,
stated that he has a music studio to the rear
of the Park Restaurant, but because of the
increased traffic, his business has suffered.
He also discussed the need for additional
parking.
Mark Cohen, Controller for the Park
Restaurant, stated that in an attempt to
alleviate the parking problem, they have
rented Shermans Gardens parking lot for
parking. They are also providing valet
parking service for lunch and dinners. He
stated that they have applied for, and
complied with all necessary City permits.'
Dorothy Swanson, 2515 Pacific Coast Highway,
stated that she has a dance studio at this
location, and that business is down
two - thirds because of the parking problem in
the area. She is also close to losing three
of her teachers because of congested parking.
She stated that she lives near the restaurant
as well, and has been awakened many times
because of noise.
Volume 38 -.Page 38
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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gtAl rAl
MINUTES
INDEX
Hearing no others wishing to address the U/P 3072
Council, the public hearing was closed.
I�n
x
Motion was made: to sustain the decision of
x
x
x
x
the Planning Commission and allow applicant
Noes
x
x
x
to continue to serve lunch for 90 days,
during which time applicant is to make every
effort to locate and develop an offsite
parking arrangement to the satisfaction of
the staff and review by City Council; and
further, that an additional finding be added;
language to be provided by the City Attorney,
with respect to vested rights.
3. Mayor Hart opened the public hearing and City Variance
Council review of an appeal by HOWARD CHACE 1108
AND VICTOR ORDAZ, Newport Beach, from the (91)
approval by the Planning Commission on
January 5, 1984, of VARIANCE NO. 1108, a
request to permit alterations to an existing
second dwelling; unit located on an R -2 lot,
which is nonconforming relative to required
offstreet parking. The proposed alterations
include the conversion of a substandard
one -car garage into additional living.area.
Property located at 130 -39th Street, on the
southeasterly corner of West Balboa Boulevard
and 39th Street: in West Newport.
Report from Planning Department, was
presented.
Application from appellants and letter
•
requesting continuance, was presented.
iy
It was noted that the applicant's request to
Ilf
continue the public hearing was for some time
in March in order to prepare their appeal.
Motion
x
Motion was made: to continue the public
hearing to February 27, 1984.
Howard Chace, 436 -62nd Street, applicant,
stated that he needed a postponement because.
of legal ramifications. He also stated that
the subject structure has not been occupied
in over five years, and is unoccupied at the
present.
All Ayes
In view of the foregoing comments, the maker
of the motion changed the public hearing date
to be continued! on March 12, 1984.
4. Mayor Hart opened the public hearing Vacation/
regarding VACATION OF TWO FIVE -FOOT WIDE - Swr Easmt
SEWER EASEMENTS LOCATED NORTHERLY OF CLAY Clay /Snug
STREET AT SNUG HARBOR AND AT PIRATE ROAD. Harbor &
Pirate Rd'
Report from Public Works, was presented. (90)
•
Volume 38 - Page 39
COUNCIL MEMBERS
OLL \rAL
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A An
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Motion
All Ay
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CITY OF NEWPORT BEACH
MINUTES
February 13, 1984
In,
11*
es ordering the vacation of two five -foot sewer
easements located northerly of Clay Street at
4 Snug Harbor and Pirate Roads; and direct the
City Clerk to have said resolution recorded
by the Orange County Recorder.
5. Mayor Hart opened the public hearing PD /Towing
regarding REQUEST FOR CERTIFICATE OF PUBLIC Irvine Mesa
CONVENIENCE AND NECESSITY BY IRVINE MESA (70)
TOWING, pursuant to Newport Beach Municipal
Code Section 5.13.
Report from Executive Assistant to the City.
Manager, was presented.
The City Manager recommended that this
hearing be continued to February 27, 1984 due
to lack of required technical information.
x Motion was made to continue the public
es hearing to February 27, 1984.
6. Mayor Hart opened the public hearing CATV /Penalty
regarding introduction and first reading of (42)
proposed ordinance, being,
AN ORDINANCE OF OF THE CITY OF NEWPORT
BEACH AMENDING THE MUNICIPAL CODE BY
ADDING CERTAIN SECTIONS REGARDING THE
MAINTENANCE OF SERVICES, SUBSCRIBER
COMPLAINT PROCEDURES, AND PENALTIES
RELATING TO COMMUNITY ANTENNA
TELEVISION.
Report from Executive Assistant with
ordinance, was presented.
Letter from William and Susan McLaughlin, was
presented.
Letter from Group W dated February 7, with
response from Executive Assistant, was
presented.
The City Clerk ,advised that after the agenda
was printed, two additional letters were
received from Roy Kunkle, 2315 Pacific Drive,
and Mrs. Jill Lindsay, 4 Balboa Coves,
expressing dissatisfaction with Group W
service.
The City Manager stated it is being
recommended that the City's Municipal Code
regulating cable television franchises be
modified as follows:
Volume 38 - Page 40
Hearing no one wishing to address the
Council, the public hearing was closed.
x M
Motion was made to adopt Resolution No. 84 -13 R
Res 84 -13
COUNCIL MEMBERS
C0
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Motion
Ayes
Abstai:
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MINUTES
February 13, 1984
INDEX
1) That the regulations be strengthened CATV /Penalty
to require companies to maintain
adequate telephone capability to answer
complaints;;
2) That most service calls be made
within 24 hours, and in no case more
than 72 hours;
3) That complaint logs be kept;
4) That testing in response to numerous
or persistent complaints be required;
and
5) That a penalty be required of up to
$1,000 for failure to comply with City
regulations,.
It was recommended the proposed ordinance be
revised (Item (b), Page 2) by inserting the
word "recording" after the word "telephone"
as requested by Group W.
Richard J. Waterman, District Manager, Group
W Cable, addressed the Council and requested
ten minutes for his presentation.
x
Motion was made to grant the request.
x
x
x
x
x
x
i
x
Mr. Waterman stated they believe that
amending their :franchise without their mutual
consent is neither enforceable, nor
constructive. lie stated they feel the
ordinance is unreasonable and strongly oppose
It.
Mr. Waterman distributed a handout containing
information regarding:
1) Complaints received through the City
Manager's Office, 1983;
2) Complaints received by the City
resulting from December- January, 1984
Citizens Reporter Newsletter;
3) Complaints received by the City
resulting from December- January 1984
Citizens Reporter Newsletter, sorted by
construction phase;
4) 1984/5 -Phase Rebuild;
5) Cost and channels available with
Group W system, as compared with
Community Cable TV.
Volume 38 - Page 41
COUNCIL MEMBERS
\CAL\LgG��y�9 �GeD+19
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Motion
All Aye
40
MINUTES
February 13, 1984
111"U01:674
Mr. Waterman stated that they have action
CATV /Penalty
plans to correct discrepancies and have
budgeted for a major Rebuild in 1984. In
addition to their 1984 Rebuild Program, Group
W has taken steps to reduce the problems
people are encountering in attempting to
telephone their office, and have on order a
telephone system costing over $80,000, which
they hope to have installed within the next
few months. He also stated that Group W has
increased their channels from 12 in 1975 to
24 by November 1982, and that when the
rebuild is finished this year, they will be
able to offer :six additional channels and
they will seek the advice of their customes
in the selection of these additional
channels.
In conclusion, Mr. Waterman referred to his
comments set forth in his letter of February
7, 1984, and urged the Council to not adopt
the ordinance at this time. He stated that
they felt the staff's rationale of the need
for the change was negligible, the legality
questionable, and that the system rebuild and
telephone changes would further reduce the
need for such an ordinance.
Don McNutt, President, Community Cablevision,
stated that the proposed changes should not
have any material impact on their service.
They abide by a similar ordinance in the City
.of Irvine and intend to abide by the
regulations of Newport Beach.
Jim de Boom, 1743 Bayport Way, addressed the
Council in support of the ordinance; however,
he indicated he felt it could be stronger in
certain areas. He cited numerous experiences
he has had with Group W in an attempt to
obtain cable service, and expressed his
dissatisfaction with their operation.
Diane Springer„ 3300 Clay Street, addressed
the Council and related her experience with
Group W, indicating poor installation, missed
appointments, noncooperation, etc. She
stated that she has "given up" on their
service and as a result, just recently
purchased a television antenna.
Hearing no others wishing to address the
Council, the public hearing was closed.
x
Motion was made! to introduce Ordinance No.
Ord 84 -5
s
84 -5, and pass to second reading on February
Introduced
27, 1984, with the change of $500 penalty
fee, rather than $1,000, and the revision to
Page 2, Item (b), adding the words,
"recording announcement" after the word
"telephone."
Volume 38 - Page 42
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
ROLL S�� �Gtp� February 13, 1984 INDEX
E. PUBLIC COMMENTS:
•
1. Dennis Holland, owner /builder of the Pilgrim Dennis
schooner, addressed the Council and requested Holland/
an extension of his permit to dock his boat Pilgrim
at Rhine Wharf. He stated that they had
P
intended to dock at the Sea Scout base, but
ran into problems which caused their overstay
at Rhine Wharf. He apologized to the Council
for the inconvenience and indicated he hopes
they can resolve the issue in the very near
future.
Ean Bruce of the Newport Sailing Club and
representing Lido Marina Village, addressed
the Council, stating that they are
redesigning their docks to set the Pilgrim
into a leased area of their club, and that
David Moesher, Project Manager, will be
presenting the plans to the City tomorrow.
David Harshbarger, Marine Director, stated
that any property change adjacent to the
water requires Coastal Commission approval,
and that if there is a change in
configuration, it will require Coastal
Commission approval with prior conceptual
approval by City Council. The time period,
at minimum, would be 49 days. He indicated
that the idea, as described by Mr. Bruce,
sounded feasible.
The following persons addressed the Council
•
in support of the Pilgrim:
John Snow, Ed Enoff, Member of Newport
Harbor Jaycees, Russ Bomont, 5400
Seashore Avenue, and Betty Ross.
The City Attorney stated that when he and Mr.
Holland were in court last week, he was told
by Mr. Holland that the plans for Lido Marina
Village would be submitted to the City by
today. He stated that their office, as well
as the Marine Department, is willing to
assist Mr. Holland as much as is legally
possible, but that the City does, and will
continue to have legitimate concerns
regarding the City's liability, as long as
the boat is being docked at Rhine Wharf.
Following discussion, and there being no
objections, this item was referred to the
Tidelands Affairs.Committee for investigation
and report back.
2. James de Boom, representing the Y.M.C.A., YMCA /Prsnt'n
addressed the Council and presented a plaque
to Council Member Heather for her four years
on the Board of Directors, and a plaque to
Mayor Hart for her outstanding service to the
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Y.M.C.A. with respect to fund raising
efforts.
Volume 38 - Page 43
COUNCIL MEMBERS
\CALL
ROLL �
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MINUTES
February 13, 1984
IAmY
F. CONSENT CALENDAR:
x
The following actions were taken as indicated,
:s
except for those items removed:
1. ORDINANCES FOR INTRODUCTION - Pass to Second
Reading on February 27, 1984:
(a) Proposed ORDINANCE NO. 84 -6, being,
Ord 84 -6
Anxtn
AN ORDINANCE OF THE CITY OF NEWPORT
(21)
BEACH REPEALING SECTION 1.30 OF THE
NEWPORT BEACH MUNICIPAL CODE REGARDING
ANNEXATION. (Report from City Attorney)
Schedule public hearing on February 27, 1984
for:
(b) Proposed ORDINANCE NO. 84 -7, being,
Ord 84 -7
Zoning
AN ORDINANCE OF THE CITY OF NEWPORT
(94)
BEACH ADOPTING A PLANNED COMMUNITY
DEVELOPMENT PLAN FOR THE DEVELOPMENT OF
THE CORONA. DEL MAR ELEMENTARY SCHOOL
SITE, AND AMENDING PORTIONS OF
DISTRICTING MAP NO. 16 SO AS TO
RECLASSIFY SAID PROPERTY FROM THE
UNCLASSIFIED DISTRICT TO THE PLANNED
COMMUNITY DISTRICT (Planning Commission
PCA 599
Amendment No. 599 - Report from Planning
Department - -see Agenda Item F -10 (b)).
2. RESOLUTIONS FOR. ADOPTION:
(a) Resolution No. 84 -11 authorizing Mayor
0/C Hrbr/
and City Clerk to execute a 5 -year
Lifgrd Sry
agreement with Orange County Harbor
Res 84 -11
Beaches 8 Parks District to provide
C -2247
financial assistance for lifeguard
(38)
services. (Report from Marine
Department)
(b) Resolution No. 84 -12 declaring the
CATV /Rate
Cityls intention to hold a public
Incr
hearing on February 27, 1984 to consider
Res 84 -12
a rate increase request by Community
(42)
Cablevision Company for basic subscriber
services regarding Cable TV Services.
3. CONTRACTS/AGREEMENTS:
(a) .Authorize the Mayor and City Clerk to
Boy Scouts/
execute the Agreement between the City
Sea Scout
of Newport Beach and the Boy Scouts of
Base Saiing
America Sea Scout Base allowing the City
Classes
to conduct Lido 14 sailing classes at
C -2435
the Sea Scout Base. (Report from Parks,
(38)
Beaches and Recreation)
Volume 38 - Page 44
COUNCIL MEMBERS
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yF,p y� � GS February 13, 1984
MINUTES
INDEX
(b) Removed from the Consent Calendar.
4. COMMUNICATIONS - For referral as indicated:
(a) To staff for preparation of resolution Cncl Ad Hoc/
establishing an Ad Hoc Committee, Karinapark
Marinapark Homeowners Association, Lease Cmte
regarding expiration of City's leases. (24)
(b) To Pending Legislation and Procedural Legislation
Committee, Resolutions from the League (48)
of California Cities regarding Use of
Local Traffic Control Devices and Lower
Speed Limits by Cities to Enhance
Pedestrian and Vehicular Safety, and
Supporting AB 1732 (1984 Clean Water
Bond Election).
(c) To Aviation Committee for inclusion in 0 /C -JWyn Arpt
the records,letter from Mr. & Mrs. R.W. (54)
Knutsen regarding Airport Binding
Agreement.
(d) To staff for response, request from CA /Crmnl
California State Office of Criminal Justice
Justice Planning regarding.Governor's (28)
Victims Service Award Program.
(e) To Public Works - Engineering for report PW /Channel
back, request from West Newport Beach "Arches"
Association for consideration of new and Bridge
pertinent information regarding (74)
improvement or replacement of Channel
•
Bridge at the Arches.
5. COMMUNICATIONS - For referral to the City
Clerk for inclusion in the records:
(a) Friends of Oasis, supporting concept of
affordable housing for seniors.
(b) California Regional Water Quality
Control Board, regarding AB 1362 Sher.
(c) Local Agency Formation Committee, update
on annexation proceedings; Minutes of
January 11, 1984.
(d) Jan D. Vandersloot, M.D., copy of letter
to Office of Statewide Health Planning
and Development regarding Irvine Medical
Center.
(e) 'Removed from the Consent Calendar.
(f) Orange County Board of Supervisors,
,regarding Notice of Hearing pertaining
to annexation of Coastal Municipal Water
District.
•
Volume 38 - Page 45
COUNCIL MEMBERS
�
RDI gt; G%P February 13, 1984
\A[ � 9 9
MINUTES
INDFX
(g) Orange County League of California
Cities:
•
1. Robert G. Haskell, expressing
appreciation for resolution and
City tile presented to him in
I
recognition of service.
2. Minutes of January 12, 1984.
(h) State Public Utilities Commission
regarding Application No. 83 -12 -62 of
High Tech Communications of California,
Inc., and Application of Southern
California Edison Company for authority
to change its rates effective June 1,
1984.
(i) Al 11King Alfonso" Lizanetz regarding
on -going campaign against health abuse.
6. CLAIMS FOR DAMAGES - For denial and
confirmation of the City Clerk's referral to
the claims adjuster:
(a) Peter Ash, alleging vehicle damaged by Ash
City paint crew truck in City Hall
Parking Lot on December 22, 1983.
(b) Sam Aston, alleging property damage to Aston
boat while moored at Balboa Yacht Basin
in January, 1984.
(c) Edith Dibiasi, alleging personal Dibiasi
injuries as a result of bicycle accident .
on January 3, 1984 near City Boundary
and Huntington Beach.
(d) Kenneth Propp, alleging improper Propp
maintenance and control of traffic
signal which caused collision at
intersection of Campus Drive and Bristol
North on October 23, 1984.
(e) Paul Sansevier, alleging property damage Sansevier
to rented moving van by City street tree
at 701 -1/2 Begonia Avenue on November 2,
1983.
(f) Douglas E. Younkin, alleging personal Younkin
injuries as a result of vehicle
pedestrian /collision on White Sails in
the vicinity of its intersection with
Harbor View on October 30, 1984.
For rejection:
(g) Late Claim of Roscoe Kraayenbrink, Kraayenbrink
alleging false arrest on September 17,
.1983.
•
Volume 38 - Page 46
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
V0 C.,
-V y9�yI r
February 13, 1984
ani i rei i 9 9 �'
MINUTES
ninFY
(h) Late claim. of E'Tienne Jay Quenneville,
Quenneville
alleging false arrest at 207 A Colton
•
Avenue on September 17, 1983.
T. SUMMONS AND COMPLAINTS - For denial and
confirmation of the City Clerk's referral to
the claims adjuster:
(a) Cross - Complaint for Indemnification of
Jones
Samuel P. Jones. Claim was denied by
City Council on June 28, 1982.
(b) Notice of Motion for Relief from
Triola
Provisions of Government Code Section
945.4 from. Margaret Triola. Claim was
denied by City Council on November 14,
1983.
8. REQUEST TO FILL PERSONNEL VACANCIES: (Report
(66)
from the City Manager)
(a) One Plan Check Engineer, Building
Department.
(b) One Building Maintenance Man II, General
Services Department.
(c) One Library Clerk IV, Library Services.
(d) One Library Clerk I, Library Services
Department.
.(e) One Emergency Equipment Dispatcher,
Police Department.
(f) One Environmental Coordinator /Project
Planner, Planning Department.
9. STAFF AND COMMISSION REPORTS - For Council
Information and Approval: .
(a) Report from City Attorney regarding
Library/
.REQUEST FOR APPROVAL OF CONTRACT FOR
Clctn Serv.
_
COLLECTION SERVICES FOR LIBRARY.
(50)
(b) Report from General Services Director
Janitorial
regarding PROPOSED RATE INCREASE FOR
MBint /Cmrcl
JANITORIAL MAINTENANCE SERVICES (CITY
Mntnc Sery
HALL COMPLEX, COUNCIL CHAMBERS, PLANNING
C -2311
AND BUILDING DEPARTMENTS AND CITY YARD
(38)
COMPLEX).
. (c). Removed from the "Consent Calendar.
(d) Removed from the Consent Calendar.
Volume 38 = Page 47
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
9CnO gs„y
ILA
1' 4t4P February 13, 1984
wnI I rAI I � �� 'Q s
MINUTES
Irinvy
(e) Six month's review of USE PERMIT NO.
U/P 1717(A)/
1717 (AMENDED) (BARRETTS SALOON AND
E.Gad's
RESTAURANT - E.GADS), to determine if
(88)
said restaurant is being operated in
compliance with the Conditions of
Approval of said use permit. (Report
from the Planning Department)
10. PUBLIC HEARING SCHEDULING - For February 27,
1984:
(a) TENTATIVE MAP OF TRACT NO. 12079, a
TMp Tr12079
request of RUMNEY ENTERPRISES, INC.,
Irvine, to subdivide an existing single
lot, containing .48 acres of land, into
a single lot for residential condominium
purposes, on property located at 487
Morning Canyon Road, in the R -3 -B
District; and the acceptance of an
environmental document. This project
also includes USE PERMIT NO. 3075 and
U/P 3075/
RESIDENTIAL COASTAL DEVELOPMENT PERMIT
Rsdntl Cstl
NO. 4, request to construct a fourteen
Dvlpm Prm /l4
unit residential condominium on said
property, which already have been called
up for review by,the City Council and
scheduled for public hearing on February
27, 1984. (Report from the Planning
Department)
(b) GENERAL PLAN AMENDMENT 83 -2(a) - Request
GPA 83 -2(a)
•
to amend the Land Use, Residential
Growth, and Recreational Open Space
Elements of the Newport Beach General
Q
Plan so as to redesignate the CORONA DEL
MAR ELEMENTARY SCHOOL SITE from
"Governmental,. Educational and
Institutional" uses to "Multiple- Family
Residential" uses; and "the acceptance of
an Environmental Document;
AND
LOCAL COASTAL PROGRAM AMENDMENT NO. 4 -
Lel Cstl
Request to amend the Land Use Plan of
Prgrm Amn#4
the Newport Beach Local Coastal'Program
so-as to redesignate the CORONA DEL MAR
ELEMENTARY SCHOOL SITE from
"Governmental, Educational and
Institutional" uses to "Multiple- Family
Residential" uses. This project also
.
includes PLANNING COMMISSION AMENDMENT
PCA 599
NO. 599, a TRAFFIC STUDY, and COASTAL
RESIDENTIAL DEVELOPMENT PERMIT NO. 5,
which have been, or will be scheduled
for.public.hearing on February 27, 1984.
(Report from the Planning Department)
Volume 38 = Page 48
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
o s�,
February 13, 1984
MINUTES
INDEX
11. ACCEPTANCE OF IMPROVEMENTS IN USE PERMIT NO.
U/P 3017
3017 - Accept the public improvements
(88)
•
constructed in conjunction with Use Permit
No. 3017; and authorize the City Clerk to
release the Faithful Performance Surety
(Certificate of Deposit No. 1467) and Labor
and Material Surety (Certificate of Deposit
No. 1466) in six months, provided no claims
have been filed. (Report from Public Works)
12. PAVEMENT PRESSURE GROUTING PROGRAM
Pavm Prsr
(CONTRACT -2419) - Approve plans and
Grtg Prg/
specifications; and authorize the City Clerk
C -2419
to advertise for bids to be opened at 11:00
(38)
a.m. on March 1, 1984. (Report from Public
Works)
13. 1983 -84 SLURRY /'FOG SEAL PROGRAM
83 -84 Slry
(CONTRACT -2416) - Approve plans and
/Fog Seal
specifications; and authorize the City Clerk
C -2416
to advertise for bids to be opened at 11:30
(38)
a.m., on March 1, 1984. (Report from Public
Works)
14. BUDGET AMENDMENTS - For approval:
(25)
BA -056, $3,930.00 - Transfer of Budget
Appropriations for replacement of stolen
electric typewriters; Office
Equipment /General Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A report from Parks, Beaches and Recreation
°84 Arts
regarding a License Agreement between the
Festival
City of Newport Beach and Lido Marina Village
in connection with the 1984 Arts Festival to
be held at Lido Marina Village on May 19 and
20, 1984, was presented.
Council Member Strauss expressed his concerns
as to holding the festival at the recommended
site, and indicated he felt it would create
increased traffic problems. He stated he did
not feel it was a good location for this type
of crowd - collecting event. He also 'commented
that when the boat shows are held at the
Village, parking becomes inadequate.
Council Member Heather spoke in support of
the request, stating that the Village was a
"ghost town" except when the boat shows are
being held there. She stated she felt it
would be good for the businesses and would
not create the problems mentioned by Council
Member Strauss.
Volume 38 - Page 49
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
,�� f�9 yq��y�9� Gs�9
�F : G0, February 13, 1984
Rni i rAj i �9 9
MINUTES
INDEX
Novell Hendrickson, Chairman of the Arts
Commission, addressed the Council, and stated
that they have had this event planned at this
site for over six months. She stated their
flyers have been printed and that it is the
only site to hold the function. She stated
j
that the festival was held at the Village
approximately five years ago. She urged the
Council to support their request.
Motion
x
Motion was made to authorize the Mayor and
184 'Arts
All Ayes
City Clerk to execute a License Agreement
Festival/
between the City of Newport Beach and Lido
Lido MVlg
Marina Village in connection with the 1984
C -2434
Arts Festival to be held at Lido Marina
(38)
Village on May 19 and 20, 1984.
2. Report from Assistant City Attorney regarding
Cncl Plcy
Amendment to Council Policies I -5 and G -4
(69)
concerning RESTRICTIONS ON USE OF MUNICIPAL
BUILDINGS AND FACILITIES, was presented.
Motion
x
Following comments by various Council
All Ayes
Members, motion was made to bring this item
back at the sturdy session of February 27,
1984, for reevaluation of the entire
policies.
3. Report from the Mayor regarding ONTARIO
0 /C -JWyn
AIRPORT PUBLIC AWARENESS PROGRAM, was
Arprt/
presented.
Ontario
(54)
Council Member Strauss indicated he felt the
Council may want to consider this item
further before any expenditures are approved
and cited some of his concerns regarding the
binding agreement. He stated he felt it was
unwise to focus on Ontario Airport solely
because there is a tendency to make people .
think that it is the solution to the airport
problem.
Mayor Hart stated that this program does not
relate to the binding agreement, inasmuch as
a binding agreement has not yet been approved
by the Board of Supervisors. She stated that
this is a cooperative program with the County
Board of Supervisors to continue to do
whatever the City can by participating and
contributing its fair share of support for
alternate airport sites. She stated she
agreed Ontario Airport is not the solution to
Newport Beach's airport problem; however, she
does feel Ontario could be of help to the
North County.
Motion
x
Motion was made to authorize the City Manager
to expend $5,000 from the Airport Growth
Control Fund to support the Ontario Public.
Awareness Program.
Volume 38 - Page 50
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALL���9
ROLL �f1 t�`,p tn,Q S� February 13, 1984
MINUTES
INDEX
Council Member Strauss stated that he was not
opposed to the $5,000 expenditure so long as
the City was not committing itself to Ontario
Airport, and that it will look at other
airport sites.
Council Member Cox indicated he did not agree
with the rationale of Council Member Strauss.
He stated that he felt the City should move
in this direction, and that this was just one
of the many projects that the City Council
has discussed and, in his opinion, was a good
solution in solving air transportation in
Orange County.
All Ayes
The motion was voted on and carried.
4. Correspondence from Senator John Seymour,
League CA
regarding update on issue of long -term
Cities
financing for local governments, and from the
(61)
League of California Cities regarding
delinquent property tax revenues, was
presented.
Motion
x
Motion was made: to refer the letter from
All Ayes
Senator John Seymour to the City Clerk for
inclusion in the records; and that the letter
from the League: of California Cities be
referred to the City Attorney and staff to
bill the County, and explore the concept to a
greater degree.
H. ORDINANCES FOR ADOPTION:
i
1. ORDINANCE NO. E14 -3, being,
Ord 84 -3
Zoning
AN ORDINANCE OF THE CITY OF NEWPORT
(94)
BEACH AMENDING PORTIONS OF DISTRICTING
MAPS NO. 49 AND 50 SO AS TO RECLASSIFY
SAID PROPERTY FROM THE UNCLASSIFIED
DISTRICT TO THE PLANNED COMMUNITY
DEVELOPMENT PLAN FOR BLOCK 400 OF
NEWPORT CENTER (PLANNING COMMISSION
PCA 598
AMENDMENT NO. 598),
was presented for second reading and
adoption, with report from the Planning
Department.
Motion
x
Motion was made to adopt Ordinance No. 84 -3
All Ayes
and establish the figure of $477,200, as the
applicants fair share contribution for noise
walls, traffic signals, and future
circulation system improvements to be
deposited with the City, as set forth in the
staff report.
Volume 38 - Page 51
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
9c�oG
� �F A�9SG�9G�
February 13, 1984
10
Motion
All Ayes
A i
A .yes
Motion
All Ayes
Motion
All Ayes
Green
MINUTES
'NUE
THE
i FOR
lated
rt
1 -4.
Ord 84 -4
Rev /Finance
(40)
(24)
CTAC
rom
EQ /CAC
4ayor
NB /CAC
Arts Cmsn
June (24)
reen
Dd of
sen
2. ORDINANCE NO. 84 -4, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING THE MUNICIPAL CODE B
ADDING THE HEALTH FACILITIES REVENUI
BOND LAW, (CHAPTER 3.26) THEREBY
ESTABLISHING PROCEDURES WHEREBY REV]
BONDS MAY BE ISSUED BY THE CITY FOR
PURPOSE OF PROVIDING FINANCING TO
PARTICIPATING HEALTH CARE FACILITIEI
SPECIFIED PURPOSES,
was presented for second reading and
adoption, with report from City Manager
January 23, 1984, and letter to Mayor Ha
from Hoag Memorial Hospital.
X
Motion was made to adopt Ordinance No. 8,
I. CONTINUED BUSINESS:
1. APPOINTMENTS TO THE CITIZENS ADVISORY
COMMITTEES FOR A ONE -YEAR TERM EXPIRING
DECEMBER 31, 1984.
Updated list of members for Council
consideration, was presented.
CITIZENS TRAFFIC ADVISORY COMMITTEE
X
Motion was made: to confirm (District 2)
Council Member Plummer's appointment of
Orlando.
ENVIRONMENTAL QUALITY CITIZENS ADVISORY
COMMITTEE
x
Motion was made to confirm (District 3)
Hart's appointment of Elizabeth (Linda)
Shepard.
NEWPORT BEAUTIFICATION CITIZENS ADVISORY
COMMITTEE
x
Motion was made to confirm deferrment
(District 6) Council Member Agee's
appointments to February 27, 1984.
2. ARTS COMMISSION VACANCY - to fill the
unexpired term of Susan Spiritus. ending
30, 1987.
Nominee Bunny. Crossen was assigned the g
light, and nominee Francie L. Hansen was
assigned the red light to determine meth
voting.
X
x
,x
x
x
x
x
The City Clerk announced that Bunny Gros
was appointed.
Volume 38 - Page 52
MINUTES
'NUE
THE
i FOR
lated
rt
1 -4.
Ord 84 -4
Rev /Finance
(40)
(24)
CTAC
rom
EQ /CAC
4ayor
NB /CAC
Arts Cmsn
June (24)
reen
Dd of
sen
•s
COUNCIL MEMBERS
��,�� ���
ROLL COI 1 y�� 1;' 00 February 13, 1984
MINUTES
r1na3 i
J. CURRENT BUSINESS:
None.
K. ADDITIONAL BUSINESS:
None.
Meeting adjourned at 11:55 p.m.
Mayor
ATTEST:
City Clerk
Volume 38 - Page 53