HomeMy WebLinkAbout12/10/1984 - Regular MeetingCOUNCIL MEMBERS REGULAR COUNCIL MEETING
\CAL 9 i PLACE: Council Chambers
�� 9G��cFF TIME: 7:30 P.M.
�P DATE: December 10, 1984
ROLL 9
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A. ROLL CALL.
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B. The reading of the Minutes of the
All Ayes
Adjourned Meeting of November 20, and
Regular Meeting of November 26, 1984,
was waived. The Minutes of the Adjourned
Meeting of November 20, were approved as
written, and ordered filed; and the
Minutes of the Regular Meeting of
November 26, were approved as corrected,
and ordered filed (page 359, regarding
Tract 11937, corrected to read
as follows: "Council Member Strauss
stated that he will oppose the motion,
not because of the merits of this
particular action, but because he
opposed the development from the
beginning").
Motion
x
C. The reading in full of all ordinances
All Ayes
and resolutions under consideration was
waived, and the City Clerk was directed
to read by titles only.
D. HEARINGS:
1. Mayor Maurer opened the continued public U/P 3048
hearing from the City Council meeting of (88)
September 10, 1984, regarding the
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Planning Commission's recommendation.on
August 9, 1984, that because of the
applicant's failure to comply with
certain required Conditions of Approval,
the City Council consider the REVOCATION
OF USE PERMIT NO. 3048, which permitted
the establishment of a temporary
hand - washing, waxing, and auto detailing
ffacility in portable structures on
property located at 2166 East Coast
Highway, on the northerly side of East
Coast Highway between Newport Center
Drive and MacArthur Boulevard, in
Newport Village; zoned P -C.
Report from-the Planning Department, was
presented.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to sustain the
All Ayes
recommendation of the Planning
Commission, and revoke Use Permit No.
3048.
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2. Mayor Maurer opened the public hearing
and City Council review of ORDINANCE NO.
84 -26, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING TITLE 20 OF THE
NEWPORT BEACH MUNICIPAL CODE
REGARDING FORTUNE TELLING
BUSINESSES,
PLANNING COMMISSION AMENDMENT NO. 611, a
Ord 84 -26
Bus Lic/
Zoning
(27/94)
PCA 611
request to consider amending Title 20 of
the Newport Beach Municipal Code so as
to permit fortune telling uses in
various areas in the City of Newport
Beach. (Report from the Planning
Department)
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to adopt Ordinance No.
All Ayes
84 -26.
3. Mayor Maurer opened the public hearing
Ord 84 -27
and City Council review of ORDINANCE NO.
Zoning
84 -27, being,
(94)
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING A PORTION OF
DISTRICTING MAP NO. 3 TO DESIGNATE
A FRONT YARD SETBACK OF TWENTY FEET
ADJACENT TO THE RIVO ALTO CHANNEL
BETWEEN 33RD AND 34TH STREETS IN
WEST NEWPORT. (Report from the
Planning Department)
PLANNING COMMISSION AMENDMENT NO.
PCA 610
610.
Jack Mather, 3306 Marcus Avenue,
addressed the Council in support of the
ordinance.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to adopt Ordinance No.
All Ayes
84 -27.
4. Mayor Maurer opened the public hearing
U/P 3114
and City Council review of Planning
(84)
Commission approvals on November 8, 1984
regarding:
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TRAFFIC STUDY - A request of ERNEST Traffic
GEORGE, Corona del Mar, to consider a Study
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traffic study so as to permit the
construction of a two story
office - retail building in the C -1 -Z
District;
USE PERMIT NO. 3114 - A request of U/P 3114
ERNEST GEORGE, Corona del Mar, to permit
the construction of a two story
office - retail building and related
subterranean parking spaces in the
Corona del Mar Specific Plan where a
Specific Plan has not been adopted. The
proposal also includes a modification to
the Zoning Code so as to allow the use
of substandard aisle widths with
wider- than - standard parking spaces and
compact spaces. Architectural roof -top
features are also proposed in excess of
height limits in the 32/50 Foot Height
Limitation District, and the acceptance
of an Environmental Document;
AND
RESUBDIVISION NO. 792 - A request of Resub 792
ERNEST GEORGE, Corona del Mar, to
establish a single parcel of land and
eliminate interior property lines where
five lots presently exist so as to
permit the construction of a retail
commercial /office complex on property,
located at 2600 East Coast Highway, on
the northeasterly corner of East Coast
Highway and Dahlia Avenue in Corona del
Mar.
Report from Planning Department, was
presented.
In response to Council Member Heather,
as to the status of a specific area plan
for the subject area, the Planning
Director advised that at the present
time there are no funds in the budget
for the preparation of a Specific Area
Plan. The staff is currently working on
the Specific Area Plan for the Cannery
Village /McFadden Square area.
George Koteles, Architect for the
project, addressed the Council in
support of their request. He discussed
the proposed setbacks, underground
parking structure, and landscaping
requirements. He stated they would like
to build on the lot, if it is
economically feasible. He stated it is
.
their desire to construct the building
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
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December 10, 1984 INDEX
to look like four separate small U/P 3114
entities with an architectural character
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that would interrupt any massive
appearance to the structure. He also
stated they have eliminated one -half of
the parking garage they had intended to
build on the parcel.
Mr. Koteles discussed the various
proposed setbacks as depicted on the
plans exhibited. He also stated that a
number of off -site improvements have
been imposed by the Planning Commission,
i.e., relocation of sewer lines,
installation of sidewalks, curbs and
gutters, and that the cost is somewhat
"staggering.11 In conclusion, he
requested that the density for the
project be increased to 1.25 x
buildable.
In response to Council inquiry, the
Planning Director stated that if the
applicant were allowed to build at 1.25
x buildable, it would be 3 x the density
as that of the Bank of Newport on Coast
Highway.
Ernest George, Applicant, 2865 E. Coast
Highway, addressed the Council and
stated that the lots in Corona del Mar
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are relatively small, and therefore, the
parking requirements make it difficult,
and sometimes economically impossible to
build. He stated that their project
will have a beneficial effect on the
area and also set standards for other
developments in the same area. He
stated he felt that 1.25 x buildable was
feasible if the parking can be provided.
He further stated that he felt this was
a very important project for Corona del
Mar, inasmuch as there will never be
enough parking, in his opinion, unless
the City allows the developer to have an
incentive to build a larger building.
Jim Wood, 2443 E. Coast Highway,
addressed the Council and stated his
property was across the street and to
the west of the proposed development.
He stated that he was not opposed to the
project; however, he did have some
concerns relative to the architectural
standards, indicating he would prefer
more conformity and less "hodgepodge."
Mr. George stated that it was his aim to
please, and that he would change the
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architecture to one style if it was
desired by the City Council.
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During course of discussion, and there
being no objections, the feasibility of
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establishing an ad -hoc committee to
review zoning standards in the Corona
del Mar Area, was placed on a future
study session agenda for consideration.
Motion
x
Following additional comments, motion
Ayes
x
x
x
x
x
was made to modify the action of the
Noes
x
x
Planning Commission to allow the subject
project not to exceed 1.25 x buildable,
to maintain parking ratio of one space
for each 250 sq. ft. of floor area by
adding a 2nd level of subterranean
parking, and to maintain setbacks that
were reflected on plans submitted to the
Planning Commission at its meeting of
November 8.
Council Members Hart and Strauss
indicated they were opposed to the
project because of its size.
5. Mayor Maurer opened the public hearing CATV /Cmnty
to consider the application of COMMUNITY Cablevision
CABLEVISION to extend its franchise area (42)
within the City of Newport Beach; and
introduction, and pass to second reading
on January 14, 1985,
Proposed ORDINANCE, being,
.
AN ORDINANCE OF THE CITY OF
NEWPORT BEACH AMENDING THE
EXISTING FRANCHISE ORDINANCE
NO. 1196 FOR COMMUNITY
CABLEVISION, TO EXTEND ITS
FRANCHISE AREA WITHIN THE CITY
OF NEWPORT BEACH.
Report from Executive Assistant to the
City Manager, was presented,
It was recommended by the staff that the
Council continue this item until March
11, 1985, to enable staff to assess the
results of the Group W rebuild and the
implications of an overbuild on
subscriber service.
Don McNutt, President, Community
Cablevision Company, addressed the
Council and displayed a map depicting
their current franchise area, and the
areas they are desirous of including in
their franchise. He stated their basic
objective is to acquire the right to
compete with Group W; however, it is not
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their intention to duplicate any system
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currently operated by Group W. In
CATV /Cmnty
conclusion, he stated that he had no
Cablevision
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objection to continuing the hearing to
March 11, 1985.
Dick Waterman, representing Group W,
addressed the Council and stated that he
concurred in the recommendation for
continuance to March 11, 1985.
Motion
x
Hearing no others wishing to address the
All Ayes
Council motion was made to continue the
public hearing to March 11, 1985.
The staff was directed to report back at
the time of the continued public hearing
as to the areas not presently being
represented by a cable television
company.
E. PUBLIC COMMENTS:
1. Norton Flanders, 3502 Marcus Avenue,
Stringfellow
Newport Beach, addressed the Council and
HazWstDspsl
requested they adopt a resolution
Site /Orng
requesting the Orange County Sanitation
Cnty Sanit'n
District to reconsider its action in
District
approving the discharge of pretreated
ground water from the Stringfellow
Hazardous Waste Disposal site into the
Pacific Ocean at Huntington Beach until
after an environmental impact report is
prepared. He stated that the Cities of
Fountain Valley and Huntington Beach
have adopted such a resolution.
Mayor Maurer, Chairman of the State
Regional Water Quality Control Board,
replied that he was aware of the action
taken by the County Sanitation District
and sympathized with the desire for an
EIR. He explained the treatment method
from Stringfellow Disposal Site to
Orange County and stated that the state
was also anxious to get this problem
resolved.
Council Member Hart, the City's
representative on Sanitation District
No. 5, stated that the District, as well
as the City, is supportive of an EIR.
She also pointed out that the pretreated
groundwater, after coming to Huntington
Beach is put into the sewer system, and
is treated again before going into the
ocean. She expressed her appreciation
to Mr. Flanders for his interest.
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F. CONSENT CALENDAR:
#n
x
The following actions were taken as
A Ayes
indicated, except for those items removed:
1. ORDINANCES FOR INTRODUCTION - Pass-to
second reading on January 14, 1985:
(a) Removed from the Consent Calendar.
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 84 -138 extending the
Marinapark
term of Marinapark Mobile Home Ad
MH /Ad -Hoc
Hoc Committee to July 31, 1985.
Cmte (24)
Res 84 -138
(b) Resolution No. 84 -139 implementing
NBFA
benefit increases for employees who
Rea .84-139
are members of the NEWPORT BEACH
C -2060
FIREFIGHTERS ASSOCIATION (NBFFA).
(38)
(Report from Personnel)
(c) Resolution No. 84 -140 implementing
NBPTA
benefit increases for employees who
Res 84 -140
are members of the NEWPORT BEACH
C -2051
PROFESSIONAL /TECHNICAL ASSOCIATION
(38)
( NBPTA). (Report from Personnel)
(d) Resolution No. 84 -141 implementing
NBEL
benefit increases for employees who
Res 84 -141
are members of the NEWPORT BEACH
C -2065
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EMPLOYEES LEAGUE (NBEL). (Report
(38)
from Personnel)
(e) Resolution No. 84 -142 implementing
NBOLA
benefit increases for employees who
Res 84 -142
are members of the NEWPORT BEACH
C -2058
OCEAN LIFEGUARD ASSOCIATION
(38)
(NBOLA). (Report from Personnel)
(f) Resolution No. 84 -143 implementing
NBCEA
benefit increases for employees who
Rea 84 -143
are members of the NEWPORT BEACH
C -2059
CITY EMPLOYEES ASSOCIATION ( NBCEA).
(38)
(Report from Personnel)
(g) Resolution No. 84 -144 implementing
NBPEA
benefit increases for employees who
Res 84 -144
are members of the NEWPORT BEACH
C -2056
POLICE EMPLOYEES ASSOCIATION
(38)
( NBPEA). (Report from Personnel)
(h) Resolution No. 84 -145 approving
Universal
rate increases for Building
Bldg Mntnc/
Maintenance. (Report from
Res 84 -145
Executive Assistant to the City
C -2049
Manager)
(38)
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(i) Resolution No. 84 -146 authorizing
PD /CA State
and directing the City Manager of
H'wy Patrol -
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the City of Newport Beach to
NB Training
execute Training Agreements between
Agm
the City of Newport Beach and State
Res 84 -146
of California Department Highway
(70)
Patrol for Fiscal Year 1984 -85.
(Report from Police Department)
(j) Resolution No. 84 -147 extending
Aviation
Aviation Committee; and Ad Hoc
Ad -Hoc Cmte
Airport Committee termination date
Res 84 -147
to December 31, 1985.
(24)
(k) Resolution No. 84 -148 extending
Mariners Mi
Mariners Mile Specific Area Plan
SpcfcAPRvw
Review Ad Hoc Committee termination
Ad -Hoc Cmte
date to December 31, 1985.
Res 84 -148
(24)
(1) Resolution No. 84 -149 extending
Balboa Bay
Balboa Bay Club Ad Hoc Committee
C1b Ad -Hoc
termination date to December 31,
Res 84 -149
1985. .
(24)
(m) Resolution No'. 84 -150 extending
CdM Trf Stdy
Corona del Mar Traffic Study Ad Hoc
Ad -Hoc Cmte
Committee termination date to
Res 84 -150
December 31, 1985.
(24)
(n) Resolution No. 84 -151 declaring the
Vacation/
City's intention to vacate a
Wtrin Esm
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portion of a waterline easement
Res 84 -151
located southerly of the
(90)
intersection of San Joaquin Hills
Road; accepting a map (Drawing No.
R /W- 5491 -L); and setting a public
hearing for January 14, 1985,
thereon. (Report from Public
Works)
3. CONTRACTS /AGREEMENTS:
(a) Award Contract No. 2432 to Rising
Pearl Av SD
Sun Co. for total bid price of
C -2432
$88,683.98, subject to project
(38)
approval by California Coastal
Commission for Pearl Avenue Storm
Drain; and authorize the Mayor and
City Clerk to execute said
contract. (Report from Public
Works)
(b) Authorize the Mayor and City Clerk
Unit II -Upr
to execute Professional Services
Npt Bay Sd/
Agreement to provide orthophoto
CntrlRes Pr;
mapping for Unit II - Upper Newport
Prfsnl Sry
Bay Sediment Control and
Agm
Restoration Project (C- 2441).
C- 2483(A)
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(Report from Public Works)
(38)
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(c) Award Contract No. 2446 to Nobest, City Hall
Inc., for the total bid price of Pkg Lots
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$85,909.60 for City Hall Parking C -2446
Lots; and authorize the Mayor and (38)
City Clerk to execute said
contract. (Report from Public
Works)
(d) Award Contract No. 2473 to Warvi EngrWing/
Construction, Inc., in the amount City Hall
of $37,928.00 for Remodeling C -2473
Engineering Wing of City Hall; and (38)
authorize the Mayor and City Clerk
to execute said contract. (Report
from Public Works)
(e) Approval of Separation Pay Seprtn Pay
Agreements with the City Manager, Agms /CMgr/
City Attorney and City Clerk; and CAtty /CClrk
authorize execution of said C -2484
agreements. (38)
4. COMMUNICATIONS - For referral as indicated:
(a) To Marine Department for inclusion Marine Dpt
in the records, letter from Dick (51)
Wandrocke regarding possible
lawsuits in the absence of warning
signs relating to prolonged
exposure to the sun on the public
beaches may cause skin cancer.
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(b) To Planning Department for Planning
inclusion in the records, letter (68)
from Lido Park Homeowners
Association in response to report
of Curci- Turner Company letter to
the City Council (5 -yr. lease
offered to residents of Lido Park
by the Curci - Turner Company).
(c) To Water Committee for report back, Water (City
letter from Harriett Wieder, (93)
thanking the City for $1,000
contribution to the Southern
California Water Committee, and
reporting on first year budget.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Copy of letter from Jean Kiger,
President , Corona del Mar Chamber
of Commerce to Orange County
Supervisor Thomas Riley, in support
of the City of Newport Beach's
position on John Wayne Airport
expansion.
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(b) Preliminary agenda of Orange County
Local Formation Commission for
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December 5, 1984.
(c) State of California, Public
Utilities Commission, notice
regarding grade separation projects
under the provisions of Streets and
Highways Code Section 2460.7 for FY
1985 -86 Grade Separation Priority
List.
(d) Second Supplement to Petition for
Special Relief by Group W Cable,
Inc., before the Federal
Communications Commission
application CSR -2663.
6. CLAIMS FOR DAMAGES - For denial and (36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Susan E. Cook for personal injuries Cook
sustained while swimming offshore,
in an alleged safe and unrestricted
swimming area between 34th and 36th
Streets, and was dashed repeatedly
into rocky outcroppings as a result
of heavy surf, on August 12, 1984.
(b) Our Lady of Mount Carmel Church for Our Lady
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property damage, alleging City crew Mt. Carmel
stopped up sewer lines on September
6, 1984 at alley behind 1441 W.
Balboa Boulevard.
(c) Sea Island Community Association Sea Is C/A
(amended cross - complaint filed on
or about June 28, 1984, Gordon
Kilmer, Jr., vs. Estate of Scott
Husted, auto- bicycle accident on
July 2, 1980.) alleging City was
negligent in its design,
construction and maintenance of
intersection at Ford Road and Sea
Island Drive.
(d) Mrs. Robert Seymour for property Seymour
damage alleging City at fault for
not turning on new water valve,
thereby causing low water pressure
at 127 -24th Street on November 15,
1984.
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7. SUMMONS AND COMPLAINTS - For denial and (36)
confirmation of the City Clerk's
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referral to the claims adjuster:
(a) Jane A. Belvin for slip and fall Belvin
injury, Orange County Superior
Court Case No. 429978. Claim was
denied by City Council on November
28, 1984.
(b) Ruth E. Dicks for personal injuries Dicks
and property damage, Orange County
Superior Court Case No. 442879.
Claim was denied by City Council on
June 25, 1984.
(c) Pacific Property Care, Inc., Pacific.
(Gordon Kilmer, Jr., Plaintiff), Property
Orange County Superior Court, Case Care, Inc.
No. 37- 89 -47. Claim was denied by
City Council on November 13, 1984.
8. REQUEST TO FILL PERSONNEL VACANCIES: (66)
(Report from the City Manager)
(a) One Permit Technician, Building
Department.
(b) One Police Officer, Police
Department.
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(c) One Maintenance Man II, Street
Maintenance Division.
(d) Two Library Assistants, Library
Department.
9. STAFF AND COMMISSION REPORTS - For
Council information and approval:
(a) Report from Planning Department U/P 1778(A)
regarding City Council six month's Hemingways
review of USE PERMIT NO. 1778 (84)
(AMENDED), RANDALL H. JOHNSON, DBA
HEMINGWAYS, to determine if the.
restaurant is being operated in
compliance with the Conditions of
Approval of said use permit,
allowing a lunch -time operation
with an offsite parking agreement
for additional daytime restaurant
parking; property located at 2441
East Coast Highway, Corona del Mar;
zoned C -1.
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(b) Report from the Planning Department
Housing
regarding the review and approval
Asstnc Pln
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of a one year HOUSING ASSISTANCE
(HAP)
PLAN (HAP), prior to submittal to
(87)
the U.S. Department of Housing and
Urban Development.
10. PUBLIC HEARING SCHEDULING - For January
14, 1985:
(a) Authorize the City Clerk to
Ofcl Police
advertise for Official Police Tow
Tow Sery
Truck Service bids to be opened at
(70)
11:00 a.m., on Friday, December 21,
1984; and schedule public hearing
on January 14, 1985, for awarding
said contract.
11. SIDEWALK AND TREE REPLACEMENT ON BALBOA
Sdwlk /Tree
PENINSULA (C -2449) - Approve the plans
Rplcm Balboa
and specifications; and authorize the
Pnsla
City Clerk to advertise for bids to be
C -2449
opened at 11:00 a.m., on January 10,
(38)
1985. (Report from Public Works)
12. BUDGET AMENDMENTS - For approval:
(25)
BA -052, $5,000 - Increase in Budget
Appropriations to provide for 12
dumpsters to replace old ones at
Marinapark; Marinapark Fund.
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BA- 053, $197,500 - Increase in Budget
Appropriations and Increase of $194,285
in Revenue Estimates to provide for
undergrounding utilities in China Cove
(Assessment District No. 56); General
Fund.
BA -054, $25,000 - Transfer in Budget
Appropriations to provide for completion
of funding for award of Contract No.
2432, Pearl Avenue Storm Drain
Improvement; General Fund.
BA -055, $85,000 - Increase in Budget
Appropriations and Revenue Estimates to
provide for preliminary engineering and
preparation of Environmental Document
for the Unit II Upper Newport Bay
Restoration and Sediment Control Project
(funds are being provided by the State
Department of Fish and Game); General
Fund.
BA -056, $500 - Transfer in Budget
Appropriations to provide Mayor's
Executive Chair to replace the old one
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presently being used; City Council Fund.
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G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
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1. Proposed ordinance being,
AN ORDINANCE OF THE CITY OF
HarborRegs/
NEWPORT BEACH AMENDING CHAPTER
Cmcl Actvts
17.41 OF THE NEWPORT BEACH
(51)
MUNICIPAL CODE RELATING TO
COMMERCIAL ACTIVITIES ON THE
WATERS OF NEWPORT BEACH,
was presented for introduction with
reports from Tidelands Affairs
Committee, dated November 26 and
December 10, 1984.
It was noted that the ordinance had been
revised since the printing of the agenda
and copies distributed to the Council.
.The City Attorney suggested another
revision to the ordinance, adding an
additional paragraph to Section
17.41.120 to read:
11The commercial activities of those
holding permits issued prior to the
effective date of this ordinance,
may be continued to the extent
authorized by permit or prior
ordinance, but the permittee shall
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not increase or expand activities
beyond those which are conducted on
the effective date of the ordinance
unless an amendment to the permit
has been approved by the Marine
Director or City Council on
appeal.11
Motion
x
Motion was made to introduce Ordinance
Ord 84 -29
All Ayes
No. 84 -29, as revised and pass to second
reading on January 14, 1985.
H. ORDINANCES FOR ADOPTION:
1. ORDINANCE NO. 84 -28, being,
Ord 84 -28
Trf /Veh /PD
AN ORDINANCE OF THE CITY OF NEWPORT
(85/70)
BEACH AMENDING THE PROVISIONS OF
CHAPTER 12.08 OF THE NEWPORT BEACH
MUNICIPAL CODE RELATING TO THE
REGULATION OF CRUISING,
presented for second reading and
adoption with reports from City Attorney
and Police Department, dated November
19, 1984.
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Council Member Strauss stated that he
Ord 64 -28
felt the proposal is well meant, but
Cruising
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that there are some problems of
Regs
administration and logic he would like
to understand better, and therefore, he
discussed his concerns with the City
Attorney.
Council Member Plummer expressed her
reasons for supporting the ordinance,
and indicated there have been numerous
11cruising" problems in West Newport.
The City Attorney stated that this
particular ordinance is something that
gives the Police Department more power
than they have right now. It addresses
the situation where you have traffic
congestion caused by relatively few
numbered people within a small area
which creates a congestion by driving
around and around the block over and
over again. The ordinance is a tool
that can be used by the Police
Department when a specific group of
people are causing a problem in a
specific area. If the City were not to
have this type of provision in the Code,
the Police Department would have to use
some other statute, or ordinance to
control the area. This ordinance is
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taken from provisions of the State
Vehicle Code that authorizes cities to
enact cruising ordinances.
Council Member Strauss referred to the
memorandum from Police Chief Gross dated
November 19, 1984, advising that
"cruising problems do not currently
exist in Newport Beach, . "
Council Member Strauss stated that if
the ordinance is adopted, it would be in
anticipation of a problem the City does
not have, and by and large it has not
been the practice of the City Council to
enact legislation for problems they
might anticipate, but which they do not
have.
Motion
x
Motion was made to adopt Ordinance No.
Ayes
x
x
x
x
x
x
84 -28.
Noes
x
•
Volume 38 - Page 386
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL ROLL Gss �F9 December 10, 1984
MINUTES
wnry
I. CONTINUED BUSINESS:
.
1. HARBOR PERMIT APPLICATION 11172 -901 by
Harbor
DONALD KOLL to construct a 36 foot groin
Perm Apli
bayward of 901 Via Lido Soud, was
11172 -901
presented with report dated October 22,
(51)
1984 from Marine Department.
Donald A. Ruston, Attorney representing
Mr. and Mrs. B. R. Morris, who live next
door to the Koll's, addressed the
Council and stated that they objected to
the proposal as they did not feel it was
a "normal" sea wall, and would create
potential erosion problems. He
requested that a study be made of the
erosion, which has not been done.
Steve Barrett, Marine Contractor and
representing the applicant, addressed
the Council and stated that they have
lowered the height of the sea wall as a
result of discussions with the Morrises,
and that a new wall was redesigned;
however, the new plan was too late to
get into the Council's agenda packet.
Motion
x
Motion was made to refer this item to
All Ayes
the Tidelands Affairs Committee for
report back on January 14, 1985.
•
2. Report from Public Works regarding
NptBlvd
NEWPORT BOULEVARD IMPROVEMENTS FROM 32ND
Impvms fm
STREET TO COAST HIGHWAY, was presented.
32nd St-
CHOwy
The Public Works Director reviewed the
(74)
proposed project to widen the Newport
Boulevard Bridge over West Newport
Channel. The principal options for
widening the bridge consist of a raised
and widened structure (Option A), or
widening the existing bridge at the
present grade (Option B). The current
City position in support of widening the
existing bridge at the present grade was
adopted by the City Council after a
public hearing in June 1983.
In March 1984, the City Council
authorized an appraisal study to
determine if a higher bridge would
result in increased values for the
waterfront properties upstream of the
bridge. The appraisal report, a copy of
which was attached to the written staff
report, concluded that there would be an
increase of value in the range of
$500,000 to $750,000. The increase in
value for the individual properties
•
would vary depending on lot width and
the size of boat that could be
Volume 38 - Page 387
` �: i -
COUNCIL MEMBERS
C s o S S v
o�
ROLL CAL Gss � F9 y�9 December 10, 1984
MINUTES
INDEX
accommodated. This increase could form
NptBlvd
the basis for benefited property owners
Impvms
•
paying a portion of the increased cost
of a higher bridge by means of an
assessment district.
The Public Works Director further
indicated that his staff had met with
Mr. Sandy Wilford and Mr. Tom Orlando,
representing waterfront property owners.
At that meeting, Mr. Wilford stated that
the property owners would object to
paying a portion of the cost of a higher
bridge at this time; however, if the
City were to strongly and unanimously
express support for a higher bridge to
Caltrans, the property owners might be
willing to participate at a later date
if Caltrans funding could not be
obtained.
A letter dated December 5, 1984 from Mr.
Wilford was presented by the Public
Works Director, which he stated was
received too late for inclusion in the
agenda packet. He read the letter in
its entirely, as follows:
"Enclosed are two documents which
pertain to your report to the City
Council.
"The first is a letter from
waterfront homes which evidences
lowering of the property values
west of the bridge.
"The second is a study performed by
Mike Steiner, a realtor with
considerable experience in real
property investments in this area.
He did extensive studies on
comparable sales relative to the
modifications to the Coast Highway
Bridge south of Dover Shores. The
evidence is that there was
substantially no resulting increase
in values of the properties
°up- stream' due to the raising of
the bridge,
"Finally, we repeat the position of
the citizens west of the bridge.
Their first desire is to have the
bridge remain as is, without
modification. However, if the
bridge must be widened, the
citizens are willing to compromise
and allow the bridge be widened if
•
it is also raised at the same time.
Volume 38 - Page 388
COUNCIL MEMBERS
\CAL ROLL
December 10, 1984
MINUTES
INDEX
"We believed that you would want to
NptBlvd
•
include the above in your report."
Impvms
Potential Caltrans funding was reviewed
by the Public Works Director, wherein he
stated that Caltrans has consistently
taken the position that: a) The existing
bridge can be widened without reducing
either vertical, or horizontal
navigational clearances; b) Raising the
bridge to increase navigational
clearances is not a proper expenditure
of highway uses (gas tax) funds.
However, the argument has been advanced
that replacement of the existing 50 -year
old bridge with a new bridge would be a
betterment, which could justify partial
funding of the increased cost with
Caltrans funds; and Caltrans staff has
expressed some concurrence with this
concept in the past.
The Public Works Director further stated
that a meeting was held on December 5
with Caltrans staff to review the
matter, wherein Caltrans representatives
indicated that a significant funding
shortage is projected for the current
5 -year State Transportation Improvement
Program (STIP), and that there are many
•
high priority traffic improvement
projects competing for available funds.
Caltrans staff thus would not be able to
recommend State participation in a
cooperative project to fund the
additional costs of a higher bridge.
It was concluded by the Public Works
Director that there is no reasonable
hope for funding a new higher bridge in
the foreseeable future; and he
therefore, recommended reaffirmation of
previous Council support for widening
the existing bridge without reducing
either vertical or horizontal
navigational clearances (Option 3). He
described the current STIP programming
for Phase I Project, consisting of
widening the easterly side of Newport
Boulevard from 32nd Street to the bridge
in order to provide an additional
northbound lane out of town. This
project is presently programmed in the
STIP for construction in fiscal year
1988 -89; however, it might be possible
to advance the project to the 1987 -88
fiscal year.
•
Volume 38 - Page 389
COUNCIL MEMBERS
C` S .0 � 2i Z ti '9
��" c�F
$�"9
ROLL CAL
is
Motion
Ayes'..
Abstain
is
Motion
All Ayes
Motion
All Ayes
Motion
All Ayes
•
MINUTES
December 10, 1984
INDEX
ptglvd
mpvms
;24)
Appointments
Budget
Off -St Pkg
The following persons addressed the
Council and spoke in favor of raising I
the bridge:
Ken Middleton, 304 The Rialto
Don Rios, 301 -36th Street
Sterling Wolfe, President, West
Newport Community Association
Mike Steiner, 3602 Marcus
Tom Orlando, 15 Balboa Coves
Claudia Wire, 8 Balboa Coves
Bill McLaughlin, 67 Balboa Coves
Sandy Wilford, 14 Balboa Coves
It was indicated by some of the above
who spoke that, if necessary, they would
contribute financially to raising the
bridge.
x
Following comments by the Council,
X
x
x
x
x
x
motion was made to raise and widen the
x
Newport Boulevard Channel Bridge with no
reference to funding at this time.
J. CURRENT BUSINESS:
1. APPOINTMENTS BY MAYOR TO VARIOUS COUNCIL
STANDING, AND AD HOC COMMITTEES; AND
JOINT GOVERNMENTAL COMMITTEES:
By virtue of Council Policy A -9, the
Mayor is a member of all Standing and Ad
Hoc Committees.
I. COUNCIL STANDING COMMITTEES
x
A. Appointments Committee
Chairman, Council Member
Evelyn Hart
Mayor Pro Tem Ruthelyn
Plummer
x
B. Budget Committee
Chairman, Council Member John
Cox, Jr.
Council Member Bill Agee
X
C. Off- Street Parking Committee
Chairman, Council Member
Bill Agee
Mayor Pro Tem. Ruthelyn Plummer
Volume 38 - Page 390
INDEX
ptglvd
mpvms
;24)
Appointments
Budget
Off -St Pkg
COUNCIL MEMBERS
\CALROLL
Motion
Ayes
Motion
All Ayes
Motion
All Ayes
Motion
Ayes
Motion
All Ayes
0
CITY OF NEWPORT BEACH
MINUTES
December 10, 1984
INDEX
PL&P1
Tidelands
Undrgr Utl
Water
Aviation
X
D. Pending Legislation 8
Procedural Ethics Committee
Chairman, City Attorney Robert
Burnham
City Manager Robert Wynn.
Council Member Jacqueline
Heather
Council Member John Cox, Jr.
x
E. Tidelands Affairs Committee
Marine Director Dave
Harshbarger
Chairman, Mayor Pro Tem
Ruthelyn Plummer
Council Member Evelyn Hart
X
F. Underground Utilities
Coordinating Committee
Council Representative John
Cox, Jr.
X
G. Water Committee
Chairman. Council Member John
Cox, Jr.
Council Member Bill Agee
II. COUNCIL AD HOC COMMITTEES
X
A. The Aviation Committee
Chairman, Council Member Donald
Strauss
Council Member Jacqueline
Heather
City Attorney Robert Burnham
City Manager Robert.Wynn
Thomas Edwards, Representative
from Homeowner's Association
Marilyn Hendrickson, Alternate
(Continued next page)
Volume 38 - Page 391
INDEX
PL&P1
Tidelands
Undrgr Utl
Water
Aviation
COUNCIL MEMBERS
On s -
ROLL 9
c�
F
Motion
All Ayes
Motion
All Ayes
Motion
All Ayes
Motion
All Ayes
Motion
All Ayes
1r
u
December 10, 1984
MINUTES
INDEX
kirport
Balboa Bay
Club
Balboa Pnsla
Zng
Cannery Vlg
McFdn Sq
SpcfcAPln
CdM Trf /Stdy
A. Vince Jorgensen,
Representative from Airport
Action Association
(Vacant) Alternate
Al Graham, Volunteer Attorney
x
B. City Council Ad Hoc Airport
Committee
Chairman, Council Member John
Cox, Jr.
Council Member Donald Strauss
x
C. Balboa Bay Club Ad Hoc Committee
Chairman, Council Member John
Cox, Jr.
Council Member Evelyn Hart
x
D. Balboa Peninsula Zoning Ad Hoc
Committee
Chairman, Council Member Donald
Strauss
Council Member Bill Agee
x
E. Cannery Village /McFadden Square
Specific Area Plan Ad Hoc
Committee (Mayor appoints the
Chairman)
Chairman, Council Member Donald
Strauss
Mayor Pro Tem Ruthelyn Plummer
X
F. Corona del Mar Traffic Study
Committee
Chairman, Council Member Bill
Agee
Council Member John Cox, Jr.
Volume 38 - Page 392
INDEX
kirport
Balboa Bay
Club
Balboa Pnsla
Zng
Cannery Vlg
McFdn Sq
SpcfcAPln
CdM Trf /Stdy
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL
Moon
yes
Motion
All Ayes
Motion
All Ayes
•
Motion
All Ayes
•
MINUTES
December 10, 1984
INDEX
Marinapark
Mbl Home Prk
Mariners Mi
SpAP1nRv
Tidelands
Afrs /CAC
Cty -Schl
Liaison
x
G. Marinapark Mobile Home City
Council Ad Hoc Committee
Chairman, Mayor Philip Maurer
Vice Chairman, Council Member
Donald Strauss
Council Member John Cox, Jr.
x
H. Mariners Mile Specific Area
Plan Review Ad Hoc Committee
Chairman, Council Member
Evelyn Hart
Planning Commissioner Dave
Goff
A. Vince Jorgensen,
Representative from Mariners
Mile Business
Steve Dobbie, Representative
from Newport Heights
x
I. Tidelands Affairs Citizens
Advisory Ad Hoc Committee
Ralph Rodheim, Representative
from Marine Division
John Miller, Representative
from Boating Industry
Eddie Powers, Marina Owner
Mary Lou Zoglin, Environmental
Quality Citizens Advisory
Committee Member
Virginia Herberts, Newport
Beautification Committee
Member
Robert Coldren, Citizen -At-
Large
III. JOINT GOVERNMENTAL COMMITTEES
x
A. City - School Liaison Committee
City Manager Robert Wynn
Council Member Jacqueline
Heather (Reporting Chairman)
Council Member John Cox, Jr.
Volume 38 - Page 393
INDEX
Marinapark
Mbl Home Prk
Mariners Mi
SpAP1nRv
Tidelands
Afrs /CAC
Cty -Schl
Liaison
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL s� -o �r ti ti 9
ROLL
Motion
*yes
Motion
All Ayes
Motion
All Ayes
Motion
All Ayes
•
Motion
All Ayes
Motion
All Ayes
•
MINUTES
December 10, 1984
INDEX
Inter -Cty
Reltns
Jt. Harbor
0/C Div -
Lg CA Cities
0/C Sntn
Districts/
5, 6 &7
'O /C -Vctr
Cntrl
S/A Rvr
Fld Prtctn
X
B. Inter -City Relations Committee
City Manager Robert Wynn
Council Member Evelyn Hart
Council Member John Cox, Jr.
x
C. Joint Harbor Committee
Council Member John Cox, Jr.
Council Member Donald Strauss
X
D. League of California Cities -
Orange County Division
Mayor Philip Maurer
Council Member Evelyn Hart
(Alternate)
X
E. Orange County Sanitation
Districts
District 5
Mayor Philip Maurer
Council Member Bill Agee
(Alternate)
Council Member Evely Hart
District 6
Mayor Pro Tem Ruthelyn Plummer
Council Member John Cox, Jr.
(Alternate)
District 7
Mayor Philip Maurer
Council Member Bill Agee
(Alternate)
X
F. Orange County Vector Control
District
Mayor Pro Tem Ruthelyn Plummer
X
G. Santa Ana River Flood
Protection Agency
Mayor Pro Tem Ruthelyn Plummer
Council Member Jacqueline
Heather (Alternate)
Volume 38 - Page 394
INDEX
Inter -Cty
Reltns
Jt. Harbor
0/C Div -
Lg CA Cities
0/C Sntn
Districts/
5, 6 &7
'O /C -Vctr
Cntrl
S/A Rvr
Fld Prtctn
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALs� A
,g �G yy G'P q�9 A ROLL
Motion
Dyes
Motion
A11 Ayes
Motion
All Ayes
n
A Ayes
Motion
All Ayes
Motion
All Ayes
•
MINUTES
December 10, 1984
INDEX
SLAG
UprNpt Bay
ER /Advsry
UprNpt Bay
Coprtv Agm/
Jt. Cmte
BT /CAC
CtzTrf
Advisory
EQ /CAC
x
H. Southern California
Association of Governments
(SCAG)
Mayor Philip Maurer
Mayor Pro Tem Ruthelyn Plummer
(Alternate)
X
I. Upper Newport Bay Ecological
Reserve Public Advisory
Committee
Mayor Philip Maurer
Council Member Evelyn Hart
(Alternate))
x
J. Upper Newport Bay Cooperative
Agreement — Joint Committee
for the Evaluation and
Implementation of Agreement
Council Member Evelyn Hart
Council Member Jacqueline
Heather (Alternate))
IV. CITIZENS ADVISORY COMMITTEES
(Appointed by the Mayor)
x
A. Bicycle Trails Citizens
Advisory Committee
Council Liaison Bill Agee
Council Liaison John Cox, Jr.
X
B. Citizens Traffic Advisory
Committee
Council Liaison John C. Cox,
Jr.
Council Liaison Bill Agee
(Re'porting Member)
x
C. Environmental Quality Citizens
Advisory Committee
Council Liaison Donald Strauss
(Reporting Member)
Council Liaison Ruthelyn
Plummer
Volume 38 — Page 395
INDEX
SLAG
UprNpt Bay
ER /Advsry
UprNpt Bay
Coprtv Agm/
Jt. Cmte
BT /CAC
CtzTrf
Advisory
EQ /CAC
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
\CO'\ s � A � % P _V F�
9GSS fl December 10, 1984 INDEX
KULL GAL
Motion
x
2. The following appointments were (24)
A&yes
confirmed to the CITIZENS ADVISORY
COMMITTEES for a one -year term expiring
December 31, 1985 (appointed by Council
upon recommendation of each Council
Member).
Bicycle Trails Citizens Advisory BT /CAC
Committee
(District 1) Council Member
Strauss's appointments deferred to
January 14, 1985.
(District 2) Mayor Pro Tem Plummer's
appointments deferred to January 14,
1985.
(District 3) Council Member Hart's
reappointments of Steven Dobbie and
Donald Harvey.
(District 4) Council Member Heather's
appointments deferred to January 14,
1985.
(District 5) Mayor Maurer's
appointments deferred to January 14,
1985.
(District 6) Council Member Agee's
reappointment of Sidney Balalis and
Barbara Wong,
(District 7) Council Member Cox's
reappointment of Robert Edmunds and
Peggy Smith.
Citizens Traffic Advisory Committee CitzTrf
Advisory
(District 1) Council Member Strauss's Cmte
appointments deferred to January 14,
1985.
(District 2) Mayor Pro Tem Plummer's
reappointment of Tom Orlando;
remaining appointment deferred to
January 14, 1985.
(District 3) Council Member Hart's
reappointment of Curt Herberts, II;
remaining appointment deferred to
January 14, 1985.
(District 4) Council Member Heather's
appointments deferred to January 14,
1985.
Volume 38 - Page 396
COUNCIL MEMBERS
\CALROLL Gds � December 10, 1984
MINUTES
INDEX
(District 5) Mayor Maurer's•
appointments deferred to January
®
14, 1985.
(District 6) Council Member Agee's
appointment of Dee Dee Masters;
remaining appointment deferred to
January 14, 1985.
(District 7) Council Member Cox's
reappointment of George Spragins .
and Larry Boyd.
Environmental Quality Citizens
EQ /CAC
Advisory Committee
(District 1) Council Member
Strauss's appointments deferred to
January 14, 1985.
(District 2 ) Mayor Pro Tem.
Plummer's appointments deferred to
January 14, 1985.
(District 3) Council Member Hart's
reappointment of Brion Jeannette;
remaining appointment deferred to
January 14, 1985.
(District 4) Council Member
®
Heather's appointments deferred to
January 14, 1985.
(District 5) Mayor Maurer's
appointments deferred to January
14, 1985.
(District 6) Council Member Agee's
reappointment of Maiqual Talbot;
remaining appointment deferred to
January 14, 1985.
(District 7) Council Member Cox's
reappointment of Bernard Pegg.
Newport Beautification Citizens
NptBeautif/
Advisory Committee
CAC
(District 1) Council Member
Strauss's appointments deferred to
January 14, 1985.
(District 2) Mayor Pro Tem
Plummer's reappointment of
Rosemary Luxton and Judy White.
(District 3) Council Member Hart's
reappointment of Edward Benson and
®
appointment of Greg Boston
Volume 38 - Page 397
COUNCIL MEMBERS
\CAL
ROLL
Gss ��9 Fp Z <-A
Motion
All Ayes
Motion
All Ayes
Motion
All Ayes
Motion
All Ayes
E
MINUTES
December 10, 1984
INDEX
U/P 3120/
Resub 724(R)
& Var 1118
U/P 1922
Inter - County
Arpt Auth
Cncl Team
Wrkshp
(District 4) Council Member
Heather's appointments deferred to
January 14, 1985.
(District 5) Mayor Maurer's
appointments deferred to January
14, 1985.
(District 6) Council Member Agee's
reappointment of Virginia Herberts;
remaining appointment deferred to
January 14, 1985.
(District 7) Council Member Cox's
reappointment of Carol Campbell and
Gordon Kilmer.
K. ADDITIONAL BUSINESS:
x
1. Motion was made to schedule public
hearing for USE PERMIT NO. 3120 /RESUB
724(R) /VARIANCE 1118, on January 14,
1985.
x
2. Motion was made to schedule public
hearing for USE PERMIT NO. 1922, on
January 14, 1985.
x
3. Motion was made to conceptually approve
joining the Inter - County Airport
Authority with formal documents to be
prepared for final approval on January
14, 1985.
x
4. Motion was made to change the date for
the City Council Team Workshop from
January 11 to January 10, 1985; Council
Members Hart and Heather to make the
final arrangements.
Meeting adjourned at 11:15 p.m., to Friday,
December 21, 1984, at 4:00 p.m.
i
Mayor
ATTEST:
City Clerk &V
� P
LIF It
Volume 38 - Page 398
INDEX
U/P 3120/
Resub 724(R)
& Var 1118
U/P 1922
Inter - County
Arpt Auth
Cncl Team
Wrkshp