HomeMy WebLinkAbout04/08/1985 - Regular MeetingCOUNCIL MEMBERS REGULAR COUNCIL MEETING
t0 P� 0 1i S S 9 PLACE: Council Chambers
f 9 �G� 9Gp 99� �9� TIME: 7:30 P.M.
DATE: April 8, 1985
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MINUTES
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Present
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A. ROLL CALL.
on
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B. The reading of the Minutes of the
Ayes
Meeting of March 25, 1985, was waived,
approved as written, and ordered filed.
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
hearing regarding:
GENERAL PLAN AMENDMENT 83 -1(a) - A
GPA 83 -1(a)
request initiated by the CITY OF NEWPORT
(45)
BEACH, to amend -the LAND USE and
RECREATION AND OPEN SPACE ELEMENTS of
the NEWPORT BEACH GENERAL PLAN for the
MARGUERITE AVENUE (JASMINE PARK), FIFTH
AVENUE (EAST OF OASIS) and BUCK GULLY
PARCELS;
AND
GENERAL PLAN AMENDMENT 83 -1(d) - A
GPA 83 -1(d)
request initiated by the CITY OF NEWPORT
(45)
BEACH, to amend the LAND USE ELEMENT of
the NEWPORT BEACH GENERAL PLAN for the
FIFTH AVENUE /MACARTHUR BOULEVARD (BRISA
DEL MAR) PARCEL.
Report from Planning Department, was
presented.
Council Member Agee announced for the
benefit of those in attendance that he
intended, at the close of this public
hearing, to continue the Brisa del Mar
project to July 8.
David Neish of Urban Assist, Inc.,
representing The Irvine Company,
addressed the Council and stated that
they concurred in the recommendation of
Council Member Agee to continue the
Brisa del Mar project for approximately
90 days. He recommended the Council
ratify their straw votes taken at the
March 25, 1985, City Council meeting
with respect to the proposed General
Plan Amendment 83 -1(a).
Pertaining to the Cottage Homes project,
(now referred to as the Oasis project)
Mr. Neish indicated that they intend to
submit a new senior housing proposal
with a density range of 10 to 15 d.u.
per buildable acre, which would be
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April 8, 1985
A 83 -1(a) &
cluster- attached -units for -sale housing;
(with no affordable units) seniors to be
classified as 55 years or older, and
every attempt would be made to preserve
blue water views. He commented that
they would like the City Council to
"pass judgment" on the Oasis proposal at
this time and then in 90 days they woul<
come back to the Council with a site
plan, tentative map, and zoning
documents for the development.
Jean Morris, Vice President of Harbor
View Hills Homeowners Association, 1032
Sea Lane Avenue, addressed the Council,
and indicated the Association supports
continuing the Brisa del Mar project foi
90 days.
J. R. Blakemore of Harbor View Hills
Homeowners Association, addressed the
Council and also stated he was in favor
of continuing the Brisa del Mar project,
however, he thought the City Council
should be aware of how rapid the City is
"building out.11 He cited numerous
housing developments currently under
construction and questioned the impact
they will have on the City with respect
to traffic, and suggested that an
analysis of such impacts be made prior
to approval of the general plan
amendments under consideration.
Mr. Neish addressed the Council again,
and suggested some language deletion to
the Land Use Element as follows:
Page 8 of the staff report -
Jasmine Park - Item No. 7, the
words "on the Brisa del Mar site"
to be deleted;
Page 9 of the staff report - Buck
Gully - the words "and a permanent
open space easement be recorded fo .
that parcel" be deleted; and
Page 16 of the staff report - Buck
Gully - Item No. 11, the words "an,
a permanent open space easement
will be recorded on the property"
be deleted.
Discussion ensued with regard to Buck
Gully, wherein Mr. Bob Break, Attorney
representing The Irvine Company,
addressed the Council and stated that i
was his suggestion to delete reference
to the Open Space easement for Buck
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A 83 -1(a) &
CITY OF NEWPORT BEACH
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Gully, as it may not be the appropriate GPA 83 -1(a)
instrument from the standpoint of the & (d)
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City, much less The Irvine Company. He
commented that if you have an Open Space
easement dedicated to the City and the
City desires to, at some time in the
future, have public access to the area,
it could not do so with an Open Space
easement in place.
Council Member Hart discussed density
transfers, wherein it was indicated by
The Irvine Company that there would not
be any floating units remaining from
Buck Gully.
Kathy Rooney, 3514 Catamaran Drive,
member of Harbor View Hills South
Homeowners Association, addressed the
Council and stated that 45 homes on
Sandcastle Avenue look down on the Oasis
site, and that the new proposed density
of 10 to 15 d.u. per buildable acre is
too high. They also feel that views
will be blocked, and they are also
opposed.to the type of construction that
will be used. Their homes are in a
price range of $450,000 and the
estimated cost for the Oasis units is
$190,000. She suggested consideration
be given to reaching a "balance."
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Sharon Dawson, 721 Goldenrod Avenue,
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addressed the Council and requested that _
she be notified of the meeting with The
Irvine Company for public input
regarding the Brisa del Mar project.
Leonard Morgan, 600 Narcissus Avenue,
addressed the Council and indicated that
the City was having a difficult time
handling the current population, and
questioned how was it going to deal with
more congestion. He also felt that the
proposed projects do not "blend" well
with the surrounding properties.
Peggy Calle, 717 Goldenrod Avenue,
addressed the Council and stated that
the proposed developments do not fit
"aesthetically1° with the residential
dwellings already in old Corona del Mar.
She also stated that she would like to
see old Corona del Mar preserved in its
present state.
Tykye Camaras, 932 Sandcastle Avenue,
addressed the Council and discussed the
need to preserve the quality of life in
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the City and the flow of that life. He
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stated that: high density housing was not GPA 83 -1(a)
good for the area, and suggested that & (d)
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the City Council consider the pros and
cons of each proposal prior to final
action.
Ken Wassman., 944 Sandcastle Avenue,
addressed the Council regarding the
Oasis project and expressed opposition
to the proposed density. He suggested
the Council reconsider the entire
package before final approval.
Dick Russell, 888 Sandcastle Avenue,
addressed the Council with respect to
the Oasis project, and urged the Council
to not sign a "blank check" until all
impacts have been considered. He also
stated that if two -story units are going
to be constructed, then the housing
value for the homes on Sandcastle will
decrease tremendously. He further felt
that the Council should not take any
action on the Oasis proposal at this
time, inasmuch as a site plan has not
yet been submitted.
Clyda Brenner, 616 Marguerite Avenue,
addressed the Council and requested that
the Harbor View Elementary School Parent
Faculty be notified of all meetings,
hearings, etc., when public input can be
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made regarding these types of projects.
Hearing no others wishing to address the
Council, the public hearing was closed.
It was noted by the City Attorney as a
point of information during discussion,
that in order to approve a project for a
parcel at a reduced density, State law
requires the City Council to make
certain additional findings, which he
elaborated on further.
Mr. Neish addressed the Council again,
and stated that all they are requesting
at this time is some direction from the
City Council in order to formulate a
bona -fide senior housing project
consisting of 100 to 115 units. They
are not asking for any zoning or map
approval at this time.
Motion
x
Following discussion, motion was made to
All Ayes
straw -vote approval of Jasmine Park
(General Plan Amendment No. 83- 1(a)).
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April 8, 1985 On
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Motion
x
Motion was made to straw -vote GPA 83 -1(a)
Ayes
postponement of the Brisa del Mar & (d)
Project to July 8 (General Plan
Amendment No. 83- 1(d)).
Derek Torley, 1032 Goldenrod Avenue,
addressed the Council and indicated he
was very confused as to the Council's
action. He also stated that the traffic
to be generated from these projects is a
very serious problem, and therefore, he
felt a moratorium should be placed on
all building until the traffic problem
is resolved.
Ed Williams, President, Friends of
Oasis, addressed the Council and advised
that they have been working with The
Irvine Company and the Bran Company
regarding the proposed senior housing
project on the Oasis site with the
density figure of 110 to 115 units in
mind. They took a survey of members of
the Friends of Oasis, and 196 people
responded, of which 60 people 75 or
older expressed a desire to purchase in
the project, 50 people 65 or older, and
34 people 55 or older.
Ed Wale, Wale Development Company,
addressed the Council and stated that he
felt the density for the senior housing
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project should be increased from 110 to
115 units as suggested by the applicant
in order to make it more economically
feasible for the developer and more
financially available to potential
buyers.
With respect to the number of units to
be constructed on the Oasis site, the
staff reported that 10 d.u. per
buildable acre would be consistent with
the General Plan.
Mr. Neish advised that the maximum
number of units they would propose for
the Oasis site would be 120.
Brad Olsen of The Irvine Company,
addressed the Council and stated that
they do not intend to exceed the 120
unit density range for the Oasis
project; the Council could limit that
density amount, but they would like some
type of assurance from the Council that
the money they have invested will have
some potential for return.
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Motion
All Ayes
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Motion
All Ayes
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MINUTES
April 8, 1985
Motion was made to straw -vote PA 83 -1(a)
continuance of the Oasis and Buck Gully 6 (d)
proposals (General Plan Amendment No.
83 -1(a)) to July 8, 1985.
Motion was made to adopt Resolution No. Res 85 -21
85 -21, approving amendments to the Land
Use Element of the Newport Beach General
Plan, as straw -voted at the 3 -25 -85 City
Council meeting, for the Marguerite
Avenue Parcel (Jasmine Park) [General
Plan Amendment 83- 1(a)]; including the
changes as recommended by the applicant
and set forth in the foregoing; and
Make the Findings contained in the
Statement of Facts with respect to
significant impacts identified in
the Final Environmental Impact
Report;
Find that the facts set forth in
the Statement of Overriding Consid-
erations are true and are supported
by substantial evidence in the
record, including the Final En-
vironmental Impact Report;
With respect to the project, find
that although the Final Environ-
mental Impact Report identifies
certain unavoidable significant
environmental effects that will
result if the project is approved,
the mitigation measures identified
shall be incorporated into the
General Plan, and all significant
environmental effects that can
feasibly be mitigated or avoided
have been eliminated or reduced to
an acceptable level, and that the
remaining unavoidable significant
effects, when balanced against the
facts set forth in said Statement
of Overriding Considerations,
giving greater weight to the
unavoidable environmental effects,
are acceptable.
2. Mayor Maurer opened the continued public CA 614
hearing regarding: (94)
AMENDMENT N0. 614 - A request of the
BREN COMPANY, Newport Beach, to
establish Planned Community Development
Standards and adopt a Planned Community
Development Plan for the development of
CORONA DEL MAR COTTAGE HOMES PLANNED
COMMUNITY DISTRICT. The proposal also
includes a request to amend portions of
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Districting Maps No. 32 and No. 51, so
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as to reclassify said property from the
R -1 -B District to the Planned Community
District; and the acceptance of an
Environmental Document;
AND
TRAFFIC STUDY - A request of the BREN rrfk Study
COMPANY, Newport Beach, to consider a
traffic study for an eighty unit
single - family residential development;
AND
TENTATIVE MAP OF TRACT NO. 11949 - A TMap Tr11949
request of the BREN COMPANY, Newport
Beach, to subdivide two existing parcels
of land, containing 16.06 acres, into
eighty numbered lots for single - family
purposes; two lettered lots for private
open space purposes; and three lettered
lots for public alley purposes. The
proposal also includes an exception to
the Subdivision Code so as to allow the
creation of interior lots which are less
than fifty feet wide and less than 5,000
sq.ft. in area, and corner lots which
are less than sixty feet wide and less
than 6,000 sq.ft. in area. Property
located at 3400 Fifth Avenue, on the
northeasterly side of Fifth Avenue
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between Marguerite Avenue and the
Newport Beach City limits, in Corona del
Mar.
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 continue this item to
All Ayes
July 8, 1985.
3. Mayor Maurer opened the continued public PCA 615
hearing regarding: (94)
AMENDMENT NO. 615 (ORDINANCE NO. 85 -6) -
A request initiated by the CITY OF
NEWPORT BEACH to amend a portion of
DISTRICTING MAP NO. 32 so as to
reclassify property from the R -1 -B
District to the Planned Community
District, establish specific setbacks on
Jasmine Creek, and adopt Planned
Community District Regulations for the
JASMINE PARK PLANNED COMMUNITY; and the
acceptance of an environmental document;
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April 8, 1985
MINUTES
Study
Tr12245
TRAFFIC STUDY - A request of LDM
DEVELOPMENT, INC., Laguna Hills, to
consider a Traffic Study for a 47 unit
single - family residential development;
AND
TENTATIVE MAP OF TRACT NO. 12245 - A
request of LDM DEVELOPMENT, INC., Laguna
Hills, to subdivide two existing parcels
of land containing 9.6# acres into 47
numbered lots for single - family attached
residential development, one numbered
lot for private recreational purposes,
one numbered lot for private open space
purposes, and one numbered lot for
public park purposes, on property
located in the R -1 -B District (proposed
to be rezoned to P -C). The proposal
also includes an exception to the
Subdivision Code so as to allow the
creation of interior lots which are less
than 50 ft. wide and less than 5,000
sq.ft. in area, and corner lots which
are less than 60 ft. wide and less than
6,000 sq.ft. in area. Property located
at 875 Marguerite Avenue, on the
southwesterly corner of Marguerite
Avenue and Harbor View Drive, in Harbor
View.
Report from the Planning Department, was
presented.
Mr. David Neish of Urban Assist, Inc.,
representing The Irvine Company,
addressed the Council and referred to
Page 3 of the staff report regarding
changes to the Conditions of Approval,
and the three new Conditions suggested
by the Public Works Department, and
stated that they concurred in staff's
recommendations.
Mr. Neish also made reference to a
letter from LDM Development, Inc.,
regarding more restrictive language for
Condition No. 51, a new Condition No.
52, and a revision to Condition No. 53,
which states as follows: (The new
language is underlined)
1151. Fences or walks along
Marguerite Avenue north of
Sandcastle Drive (specifically
lots Nos. 5 through 15) shall
be limited to curb height.
The walks or fences shall be
made of materials (e.g..
wrought iron) that provide
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'CA 6A
sufficient spacing so as not
to block views. The plan
shall be approved by the
Planning and Public Works
Departments.
"52. The C.C. and R.'s shall
include provisions requiring
the maintenance of landscaping
by the Homeowners' Association
and individual homeowners
insuring compliance with all
conditions of approval related
to preservation of view from
Marguerite Avenue and Harbor
View Drive.
"53. The landscape plan shall
include a program for use of
landscape materials (trees,
shrubs, and groundcover) which
has maximum growth patterns
not to exceed the ridge of any
unit adjacent to Marguerite
Avenue."
Mr. Neish stated that they also concur
in the above changes and additions to
the Conditions of Approval.
It was requested by Mr. Neish that the
City hold harmless the Newport Mesa
Unified School District regarding
Condition No. 64 if, in fact, an
accident were to occur in that specific
area, to which the City Attorney advised
that he had had discussions regarding
this matter and sees no disadvantage to
the City to grant the request.
Dick Nichols, 519 Iris Avenue, addressed
the Council and expressed his concerns
regarding the traffic analysis for this
project, and the need for more parks in
Corona del Mar.
Lucille Kuehn, 1831 Seadrift Drive,
addressed the Council regarding Mr.
Nichols' comments pertaining to the need
for additional parks in Corona del Mar,
and advised that Corona del Mar has four
parks which are the Bayside, Carnation
Avenue, Grant Howell, and Irvine Terrace
parks.
Hearing no others wishing to address the
Council, the public hearing was closed.
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'CA 6A
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Motion
x
Motion was made to approve the project
PCA 615
Ayes
as recommended by the Planning
Commission, and consistent with the
straw votes of 3- 25 -85, including the
changes and additions to the Conditions
of Approval as enumerated in the
foregoing, and adopt Resolution No.
Res 85 -22
85 -22, accepting, approving and
certifying the Final Environmental
Impact Report;
Make the Findings contained in the
Statement of Facts with respect to
significant impacts identified in
the Final Environmental Impact
Report;
Find that the facts set forth in
the Statement of Overriding
Considerations are true and are
supported by substantial evidence
in the record, including the Final
Environmental Impact Report;
With respect to the project, find
that although the Final
Environmental Impact Report
identifies certain unavoidable
significant environmental effects
that will result if the project is
approved, the mitigation measures
identified shall be incorporated
into the General Plan, and all
significant environmental effects
that can feasibly be mitigated or
avoided have been eliminated or
reduced to an acceptable level, and
that the remaining unavoidable
significant effects, when balanced
against the facts set forth in said
Statement of Overriding
Considerations, giving greater
weight to the unavoidable
environmental effects, are
acceptable;
Adopt Ordinance No. 85 -6, being,
Ord 85 -6
P -C Distr
AN ORDINANCE OF THE CITY OF
Jasmine Prk
NEWPORT BEACH ADOPTING PLANNED
COMMUNITY DISTRICT REGULATIONS
FOR THE JASMINE PARK PLANNED
COMMUNITY LOCATED ON THE
SOUTHWESTERLY CORNER OF
MARGUERITE AVENUE AND HARBOR
VIEW DRIVE, AMENDING A PORTION
OF DISTRICTING MAP NO. 32 SO
AS TO RECLASSIFY SAID PROPERTY
FROM THE R -1 -B DISTRICT TO THE
PLANNED COMMUNITY DISTRICT AND
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ESTABLISHING SPECIFIC SETBACKS
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April 8, 1985
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lUD /CDBG
Prgrm
(87)
ADJACENT TO JASMINE CREEK ON
SAID DISTRICTING MAP (PLANNING
COMMISSION AMENDMENT NO. 615);
Sustain the action of the Planning
Commission and approve the Traffic
Study for the Jasmine Park Planned
Community; and
Approve Tentative Map of Tract No.
12245 with the Findings and subject
to the Conditions as recommended by
the Planning Commission.
4. Mayor Maurer opened the continued public
hearing regarding the PROPOSED
"STATEMENT OF COMMUNITY DEVELOPMENT
OBJECTIVES AND PROPOSED USE OF FUNDS"
FOR THE 1984/85 and 1985/86 COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAMS.
Report from the Planning Department, was
presented,.
Letter from Orange County Fair Housing
Council regarding funding for Fiscal
Year 1985 -86 to be utilized for Fair
Housing Services, was presented.
Letter from Orange Coast Interfaith
Shelter, requesting CDBG funds to
complete acquisition of their shelter,
was presented.
The City Manager advised that the staff
has received five applications for the
use of CDBG funds from the following:
Friends of Oasis $ 200,000
Orange Coast
Interfaith Council 50,000
Wale Development 1,100,000
Orange County Fair
Housing Council 20,000
Orange County Community
Housing Corporation 1,200,000
The City Manager noted that the amount
of CDBG funds the City has for the
1985 -86 fiscal year is $1,114,000.
Mr. Barney Larks, 1901 Beryl Lane,
addressed the Council and spoke in
support of the request of the Friends of
Oasis.
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lUD /CDBG
Prgrm
(87)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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Jean Forbath, Vice President of Orange
HUD /CDBG
Coast Interfaith Council, addressed the
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Council regarding their request for
$50,000, which she stated would be used
to lower the mortgage on their facility.
She stated that their Shelter provides
for the homeless, and that they are
currently housing 65 persons a night.
She stated that they receive referrals
from Hoag Hospital, Police Department,
churches, and service organizations in
the community. She urged the Council to
favorably consider their request.
Scott Mather, President, Orange Coast
Interfaith Shelter, addressed the
Council and gave a brief history of how
they acquired their facility, noting
that $330,000 was raised from the Cities
of Irvine, Costa Mesa and Huntington
Beach„ and the County of Orange. He
stated that they purchased their
property III years ago for $430,000. It
is a nine -unit apartment complex,
utilizing six units at the present time.
He stated that by paying down the
mortgage another $50,000 they would free
up $600 a month in mortgage costs that,
over a thirty -year period, would equal
$259,000 in operating costs, and could
open use of the other three units.
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Sister Donna Mascari, Director of Orange
Coast Interfaith Shelter, addressed the
Council and summarized the services they
provide, noting that they house families
up to two months; assist in finding
employment; and respond to emergency
calls 24 hours a day.
John Campbell, 326 Lindo Avenue,
addressed the Council in support of the
request of Orange Coast Interfaith
Shelter, stating that he was very
knowledgeable of their program which, in
his opinion, is excellent.
Larry Camteau, representing the Wale
Development Company, addressed the
Council regarding their proposal to
construct a rental housing development
affordable to low -and moderate- income
families for a period of thirty years.
The site of this development is on
Fifteenth Street, west of Placentia
Avenue. He stated that they could begin
construction within four to five months,
and are hoping to build 55 units, which
would benefit a number of families over
the next thirty years. He stated they
Volume 39 - Page 135
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felt the project was good for the City,
UD /CDBG
as well as the developer, and urged the
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Council to look favorably upon their
request.
Barney Larks, 1901 Beryl Lane, addressed
the Council again, and stated that, in
his opinion, the request of Orange Coast
Interfaith Shelter should receive first
priority, with second priority being the
request of the Fair Housing Council of
Orange County.
Motion
x
Following discussion, motion was made to
OrngCstIntr
All Ayes
grant $50,000 of CDBG funds to the
Faith /SubAQ-i
Orange Coast Interfaith Council,, and the
C -2541
remaining ;balance to the Wale
(38)
Development Company; and to adopt
Resolution No. 85 -23, authorizing the
Res 85 -23
City Manager to submit the final
statement and all understandings and
assurances contained therein, and to act
as the official representative of the
City in connection with the submission
of the final statements for the 1984/85
and 1985/86 Community Development Block
Grants.
E. PUBLIC COMMENTS:
None.
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F. CONSENT CALENDAR:
Motion
x
The following actions were taken as
All Ayes
indicated, except for those items removed:
1. ORDINANCES FOR INTRODUCTION:
Schedule for public hearing on April 22,
1985 -
(a) Removed from the Consent Calendar.
Pass to second reading and adoption on
April 22, 1'985 -
(b) Proposed ORDINANCE NO. 85 -7, being,
Ord 85 -7
Vehicles/
AN ORDINANCE OF THE CITY OF NEWPORT
Trfk
BEACH DELETING SECTION 12.66.070 OF
HarborVuEno3
THE NEWPORT BEACH MUNICIPAL CODE
(85)
PROVIDING FOR CALIFORNIA VEHICLE
CODE ENFORCEMENT ON PRIVATE STREETS
IN HARBOR VIEW KNOLL. (Report from
Traffic Affair Committee)
(c) Removed from the Consent Calendar.
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Lot b O M, I 47LILGIA
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(d) Proposed ORDINANCE NO. 85 -9, being,
Ord 85 -9
wilding/
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AN ORDINANCE OF THE CITY OF
Constr
NEWPORT BEACH ESTABLISHING
(26)
PROCEDURES FOR THE ISSUANCE OF
STREET CONSTRUCTION PERMITS.
(Report from City Attorney)
(e) Removed from the Consent Calendar.
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 85 -24 supporting
egislation
Senate Bill 75.
(48)
(b) Resolution No. 85 -25 supporting
Legislation
Senate Bill 433.
(48)
(c) Resolution No. 85 -26 awarding
insurance/
contract for Comprehensive Public
Pblc Lblty
Liability Insurance coverage for
'85 -86
1985 -86. (Report from City
Res 85 -26
Manager)
(47)
3. CONTRACTS /AGREEMENTS:
(a) Authorize the Mayor and City Clerk
BalPnPtSwr
to execute a professional services
Rplcm
agreement with Norris- Repke, Inc.,
-2497
Consulting Engineers and Land
(38)
Services - Balboa Peninsula Point
Sewer Replacement C -2497. (Report
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from Public Works)
(b) Award Contract No. 2498 to Chris R.
Irvine Trc
Stephen, Inc. of Irvine for total
Scrn Wall/
price of $184,236 for Irvine
JambrRd &
Terrace Screen Wall Along Coast
Zahma Dr
Highway from Jamboree Road to Zahma
C -2498
Drive; and authorize the Mayor and
(38)
City Clerk to execute said
contract. (Report from Public
Works) (See BA -081)
4. COMMUNICATIONS - For referral as
indicated:
(a) To Public Works and Traffic
pW
Engineering for response, letter
(74)
from Balboa Peninsula Point
Association regarding street repair
and traffic control from Balboa
Pier east to the Balboa Jetty.
•
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COUNCIL MEMBERS
April 8, 1985 9 R OLL \CAL
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INDEX
(b) To Pending Legislation and
Legislation
Procedural Ethics Committee, letter
(48
from Gerald C. Grimm, Senior
California Assemblyman, regarding
support for the Orange County Grand
Jury's recommendations in County
government.
(c) To Traffic Engineering for
Traffic
response, letter from Bayside
(85)
Village Homeowners Association
regarding pedestrian crossing on
Bayside Drive De Anza Bayside
Village.
(d) To Pending Legislation and
Legislation
Procedural Ethics Committee,
(48)
request from Loren L. Baumgardner
to support a comprehensive freeze
or rollback of all government
spending.
(e) To Pending Legislation and
Legislation
Procedural Ethics Committee, a copy
(48)
of City of Yorba Linda Resolution
No. 85 -1889 regarding support for
the proposal of the President of
the United States to eliminate
Federal Revenue Sharing on October
1, 1985.
(f) To Parks, Beaches and Recreation
PB &R
•
Director for response, letter from
(62)
Barry R. Smith regarding trees in
public sidewalk in Corona del Mar.
(g) To Planning Department for
Planning
response, letter from Property
(68)
Administrator, Villageway
Management, Inc., protesting
against relandscaping plans for
Harbor View Broadmoor Community
Association by The Irvine Company.
(h) To Staff for response, request from
PW /Marine
president of Balboa Island
Dpt /Grand
Improvement Association for
Canal Drdg
dredging of Grand Canal.
(74/51)
(i) Removed from the Consent Calendar.
(j) Removed from the Consent Calendar.
Volume 39 - Page 138
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COUNCIL MEMBERS
April 8, 1985
\Ak
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INDEX
RVLL V1YL
(k) To Pending Legislation and Legislation
Procedural Ethics Committee, letter (48)
from Southern California
•
Association of Governments
regarding adoption of modifications
to the SCAG -82 Regional Growth
Forecast Policy.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Orange County Local Agency
Formation Commission Preliminary
Agenda of April 3, 1985.
(b) Applications before the California
Public Utilities Commission
regarding Southern California Gas
and Pacific Lighting Gas Supply
Companies application, (No.
85 -03• -045) notice of public
hearing; and AP Express dba Airport
Shuttle application (No.
84 -10 -064).
6. CLAIMS FOR DAMAGES - For denial and (36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Kerry F. Boyd seeking property Boyd
damage as a result of alleging City
employee ran out into street
•
against traffic and collided with
claimant's vehicle at Jamboree Road
and Santa Barbara on December 19,
1984.
(b) Ian Bruce seeking property damage Bruce
as a result of alleging City
employee jaywalked in front of him,
thereby causing accident at Pacific
Coast Highway near Riverside Avenue
on February 27, 1985.
(c) Removed from the Consent Calendar.
(d) Southern California Edison Company SOCAEdsn
alleging property damage by City
backhoe which hit their underground
pull box at alley north of Balboa
and west of "I" Street on February
27, 1985.
(e) Gina Spollino alleging property Spollino
damage by City backhoe which backed
into claimant's vehicle at 2401
Margaret Drive on March 19, 1985.
•
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(f) Irene Von Hartmann alleging
Von Hartmann
personal injuries as a result of
stepping into hole in front of 16
•
Corporate Plaza, Newport Center on
March 4, 1985.
7. SUMMONS AND COMPLAINTS - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
None.
8. REQUEST TO FILL PERSONNEL VACANCIES:
(66)
(Report from the City Manager)
(a) Approve one Utilities
Serviceworker, Sewer Division.
(b) Approve one Paramedic, Fire
Department.
(c) Approve one Police Officer, Patrol
Division.
(d) Approve one Secretary,
Non - Departmental.
(e) Approve one Police Clerk I, Police
Department.
(f) Approve one Secretary to Police
•
Chief, Police Department.
9. STAFF AND COMMISSION REPORTS - For
Council information and approval:
(a) Removed from the Consent Calendar.
(b) Report from Executive Assistant to
Arts Cmsn
the City Manager regarding
(24)
direction to the Arts Commission to
develop a Policy and Procedures for
the welcoming of foreign
dignitaries to the City.
(c) Report from the City Attorney
Planning /
regarding proposed response to Don
Lido Mblhm
Hunter and Lido Mobile Home Park.
Prk
(68)
10. PUBLIC HEARING SCHEDULING - For April
22, 1985:
(a) APPEAL OF HAROLD G. PARKER FOR
Variance
VARIANCE NO. 1121 denied by the
1121
Planning Commission on March 7,
(91)
1985, to allow the floor area of
proposed single family dwelling to
exceed 1.5 times the buildable
area; modification to front setback
of Zoning Code to permit an
•
exterior deck to encroach 3' -6"
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into a required 5' setback; and a six
foot building and deck encroachment into
•
the required 10' rear yard setback.
11. Removed from the Consent Calendar.
12. STREET AND ALLEY SLURRY SEAL PROGRAM
St /Alley
(C -2495) - Approve the plans and
Slry S1 Prgm
specifications; and authorize the City
C -2495
Clerk to advertise for bids to be opened
(38)
at 11:00 a.m. on May 1, 1985. (Report
from Public Works)
13. FERNLEAF AVENUE STORM DRAIN AND DAHLIA
Frnlf StrmDr
AVENUE SEWER REPLACEMENT (C -2431) -
& Dahlia Swr
Accept the work; and authorize the City
Rplcm
Clerk to file a Notice of Completion and
C -2431
release the bonds 35 days after Notice
(38)
of Completion has been recorded. (Report
from Public Works)
14. TRAFFIC SIGNAL AND SAFETY LIGHTING AT
Trfk Sgnl/
THE INTERSECTION OF SUPERIOR AVENUE AND
Sfty Ltg
TICONDEROGA STREET /NICE LANE - Accept
Suprior/
the work; and authorize the.City Clerk
Tcndrga /Nice
to file a Notice of Completion and
C -2455
release the bonds 35 days after Notice
(38)
of Completion has been recorded.
(Report from Public Works)
15. PHASE I AND II IMPROVEMENTS AT THE CITY
CorpYrd /Phs
CORPORATION YARD (C -2236) - Accept the
I & II
•
work; assess liquidated damages in the
C -2236
amount of $4,100; and authorize the City
(38)
Clerk to file a Notice of Completion and
release the bonds 35 days after the
Notice of Completion has been recorded.
(Report from Public Works)
16. BUDGET AMENDMENTS - For approval:
(25)
BA -079, $2,600 - Transfer in Budget
Appropriations to provide for conducting
disposal permit monitoring at EPA
dumpsite designated LA3 as a condition
to the City's Maintenance Dredging
permit; Marine Fund.
BA -080, $1,300 - Transfer in Budget
GS /Special
Appropriations to provide for special
Trash P/U
refuse collection in the Harbor View
Hrbr Vu
Homes area on April 13, 1985; General
(44)
Services- Refuse Fund. (Report from
General Services Department with letter
from Villageway Management, Inc.)
BA -081, $10,000 - Increase in Budget
Appropriations to provide for
Construction of the Irvine Terrace
•
Screen Wall; Contributions Fund.
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COUNCIL MEMBERS
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G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
•
1. Proposed ORDINANCE, being,
AN ORDINANCE OF THE CITY OF NEWPORT
PCA 612
BEACH ADOPTING PLANNED COMMUNITY
(94)
DISTRICT REGULATIONS FOR THE BRISA
DEL MAR PLANNED COMMUNITY LOCATED
ON THE NORTHEASTERLY CORNER OF EAST
COAST HIGHWAY AND MACARTHUR
BOULEVARD, AMENDING A PORTION OF
DISTRICTING MAP NO. 32 SO AS TO
RECLASSIFY A PORTION OF SAID
PROPERTY FROM THE C -1 TO THE P -C
(PLANNED COMMUNITY) DISTRICT
(PLANNING COMMISSION AMENDMENT NO.
612),
was presented for introduction and
public hearing scheduling on April 22,
1985, with report from the Planning
Department.
Motion
x
Motion was made to continue this item to
All Ayes
July 8, 1985.
2. Council Member Hart, also Chairman of
Ord 85 -8
the Orange County Sanitation District
Swr Use
No. 5, stated that she has called a
Chrg'Incr/
special meeting for Wednesday, April 17
Adtl Unts
at 5 p.m., at City Hall to discuss the
(89)
proposed ordinance regarding increasing
sewer use charge.
Motion
x
Motion was made to introduce proposed
All Ayes
ORDINANCE NO. 85 -8, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH INCREASING SEWER USE CHARGE
FROM $2.90 PER MONTH TO $3.15 PER
MONTH WITH PROPORTIONATE INCREASES
FOR ADDITIONAL UNITS EFFECTIVE JULY
1, 1985,
with report from Utilities Department,
and pass to second reading on April 22,
1985.
3. Letter from State Senate John Seymour
Personnel/
regarding joint and several liability
Safety Empl
and disability pensions for safety
(66)
employees, was presented.
Motion
x
Motion was made to refer the subject
All Ayes
letter to the Personnel Department to
prepare a response to be signed by the
Mayor, and that the letter include
appreciation to Senator Seymour for his
assistance on SB 75, and the Bergeson
•
bill.
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4. Claim filed by Carl and Catherine Crewe Claims
seeking equitable indemnity from claim (36)
•
filed by Joan Christensen, who fell
while riding a bicyle at 601 Bayside
Drive on February 10, 1984, was
listed on the agenda in error.
Motion
x
Motion was made to delete this item from
All Ayes
the agenda, as recommended by the City
Attorney.
5. Report from Executive Assistant to the Legislation/
City Manager recommending postponement Smoking Ord
of introduction for smoking ordinance, (48)
was presented.
Motion
x
Motion was made to direct the City
Attorney to prepare an ordinance for
consideration on June 10, 1985.
Michael Christensen, author of the
smoking ordinance presented to the City
Council on March 11, 1985, addressed the
Council and indicated he did not feel
Council action on the ordinance should
be deferred pending adoption of a County
ordinance, and determination of the
enforcement capabilities of the County
Health Officer, as recommended by staff.
Mr. Christensen stated that, if desired,
he could provide the Council with
•
additional data in order to make their
decision sooner, and urged they place
this item on their next agenda.
Mayor Maurer explained to Mr.
Christensen that the ordinance was being
deferred to June 10 in order that a.full
Council will be present to consider it.
All Ayes
The motion on the floor was voted on and
_
carried.
6. The City Attorney noted that the Emgcy Ord
proposed Ordinance declaring a 85 -10 /Bldg
moratorium on the issuance of street Custr Prmts
construction permits is an emergency (26)
measure, and recommended adoption at
this time.
Motion
x
Motion was made to adopt EMERGENCY
All Ayes
ORDINANCE NO. 85 -10, being,
AN EMERGENCY ORDINANCE OF THE CITY
OF NEWPORT BEACH DECLARING A
MORATORIUM ON ISSUANCE OF STREET
CONSTRUCTION PERMITS.
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7. Request for fencing between 209, 211 and
Permit/
213 Grand Canal, Balboa Island by Don
Pence Cnstr
Smith was presented with report from
(65)
Public Works.
Motion
x
Motion was made to refer this item to
the Balboa Island Improvement
Association for review and report back.
Don Smith, 211 Grand Canal, representing
neighbors of 209 and 213 Grand Canal,
addressed the Council and noted that the
existing fences are now built on certain
pieces of City property, and they are
requesting they be allowed to replace
the old fences with new fencing in the
same location. He distributed
photographs of the subject properties
indicating the approximate property
line, and also photographs of other
properties along the Canal which have
fencing encroaching on the City
property. He pointed out that most
fences along the Canal extend to the
sidewalk.
Ayes
x
x
x
x
x
x
The motion on the floor was voted on and
Noes
x
carried.
8. Letter from Jan D. Vandersloot regarding
Annexation/
initiative petition submitted by Jean
SAna Hghts
Watt on January 28, 1985, for the Santa
(21)
®
Ana Heights annexation, was presented.
Allan Beek, resident, addressed the
Council in support of Mr. Vandersloot's
letter, stating that the people of Santa
Ana Heights want to join the City of
Newport Beach, and the residents of
Newport Beach are anxious to have them
as part of the City, as evidenced by the
petition with 6,000 signatures submitted
to the City Council on January 28, 1985.
He referred to the City Attorney's
opinion rendered on this matter and
expressed his disagreement and concerns.
In concluding, he urged the Council to
process the petitions.
Motion
x
Motion was made to refer the subject
Ayes
x
x
x
x
x
x
letter to the City Attorney for
Abstain
x
response.
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H. ORDINANCES FOR ADOPTION:
1. Proposed EMERGENCY ORDINANCE NO. 85 -11,
Emgcy Ord
•
being,
85 -11 /Bus
Lic /Msg Prlr
AN EMERGENCY ORDINANCE OF THE CITY
(27)
OF NEWPORT BEACH DECLARING A
MORA17ORIUM ON MASSAGE PARLOR
PERMITS IN THE CITY OF NEWPORT
BEACH,
was presented for adoption with a report
from City Attorney.
The City Manager pointed out that the
proposed emergency ordinance would be in
effect for 45 -days and would prohibit
the issuance of any new massage parlor
permits. It would then give the staff
time to examine the City's massage
parlor regulations to determine if they
should be modified.
The following Massage Therapists
addressed the Council in opposition to
the proposed moratorium:
Valarie Calhoun, 2640 E. Coast
Highway, Corona del Mar
Alja J. Hallwell, South Laguna
Ladona Whiteford, President,
California Federation of Massage
•
Jane Lindstrom, 120 E. 18th Street,
Costa Mesa
Following the above comments, the City
Attorney invited those interested, to
attend a meeting on this subject on
Thursday, April 11, at 11:00 a.m., in
his office. He stated that a
representative from the Police
Department and City Manager's office
would also be in attendance.
Motion
x
Motion was made to adopt Emergency
Ayes
x
x
x
x
x
x
Ordinance No. 85 -11.
Noes
x
I. CONTINUED BUSINESS:
1. Request from United States Olympic
PB &R
Committee of Orange County for City to
(62)
absorb City's direct costs for 10 -K Run,
was presented.
Bob Clifford, Chairman of the Olympic
Committee for Orange County, addressed
the Council and stated it is their
desire to raise funds for athletes.
.
They are not requesting funds from the
Volume 39 - Page 145
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City, but they are asking that the
Special Events Permit fee be waived, as
•
well as all other direct City costs to
handle the event.
With respect to past runs, the City
Manager noted that it has been the
policy of the City to bill for direct
City costs, and to not waive any fees.
However, when the Olympic Torch Run came
through the city, the City shared in the
cost of that particular event, but that
was the only exception.
Motion
x
Following consideration, motion was made
to reaffirm City's action of denial on
February 11, 1985.
Motion
x
Substitute motion was made to reaffirm
Ayes
x
x
x
x
x
x
City's action of denial on February 11,
Noes
x
1985, but to refer this request to the
Parks, Beaches and Recreation Commission
to investigate the feasibility of
sharing in the cost, not only for this
event, but for all twelve runs held in
the City throughout the year.
2. Request of E. Llewellyn Overholt, Jr.,
PCA 616
that Council grant a rehearing of the
(94)
District Map Amendment matter only
(Amendment No. 616 of Districting Map
No. 23 - Lot 1, Tract No. 802, #1 Harbor
Island), was presented.
Mr. E. Llewellyn Overholt, Jr., owner of
#1 Harbor Island, addressed the Council
and stated that the property has been in
the family for 57 years, and that Mr.
Bendetti, who appeared before the
Council regarding a variance and
district map amendment for the subject
property on March 25, was a potential
buyer. Mr. Overholt stated that he
would like to request a rehearing on the
District Map amendment only, as he feels
it denies him a privilege that has been
given to Lot #18, which has a zero lot
line on the same line that crosses his
property since 1952 when the District
Map was originally filed.
Motion
x
Following discussion, motion was made to
Ayes
x
x
x
x
x
x
continue this item to May 13, 1985, in
Noes
x
order to allow Mr. Overholt to secure
either a letter from the Harbor Island
Community .Association supporting a
rehearing, or a petition signed by 51%
of the owners on the Island.
•
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April 8, 1985
MINUTES
INDEX
J. CURRENT BUSINESS:
None.
K. ADDITIONAL BUSINESS:
None.
Meeting adjourned at 11:30 p.m.
Mayor
ATTEST:
City Clerk
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