HomeMy WebLinkAbout08/12/1985 - Regular Meeting�.
Lwb
COUNCIL MEMBERS
co
t 9 �G 9G bpi Fyn c�F
G
ROLL CAL
Present
Aet
Motion
All Ayes
Motion
All Ayes
•
Motion
MINUTES
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: August 12, 1985
x
x
x
x
x
x
A. ROLL CALL.
x
x
B. The reading of the Minutes of the
Adjourned Meeting of July 17, 1985, and
the Regular Meeting of July 22, 1985,
was waived, approved as written and
ordered filed.
x
C. The reading in full of all ordinances
and resolutions under consideration was
waived, and the City Clerk was directed
to read by titles only.
D. HEARINGS:
1. Mayor Maurer opened the continued public
hearing regarding PROPOSED ORDINANCE NO.
85 -17, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING THE PROVISIONS OF
CHAPTER 20.72 AND SECTIONS
20.31.020, 20.32.020, 20.33.025,
20.34.020, 20.61.060, 20.62.040,
20.30.035, and 20.30.040 of the
NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO RESTAURANTS (PLANNING
COMMISSION AMENDMENT NO. 617). .
Letter from California Restaurant
Association, reaffirming their
opposition to the subject ordinance,;was
presented.
Report from City Attorney, recommending
continuance of public hearing on
proposed ordinance, was presented.
x
Motion was made to disallow second
reading, and direct staff to return
subject ordinance following satisfactory
meetings with the Restaurant
Association, as well as interested
residents.
Council Member Strauss suggested, as an
alternative, that this item be continued
to September 9, but with the
understanding that it be disposed of;at
that time.
It was recommended by the City Attorney
that this item be continued to September
9 for the reasons set forth in his staff
report.
Volume 39 - Page 284
INDEX
Ord 85 -17
Restaurant/
Zoning
PCA 617
(94)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL
ROLLq
�Fp F9 y�9
•
Motion
All Ayes
•
Motion
All Ayes
•
MINUTES
August 12, 1985
INDEX
3risa del
Oar PCD/
coning
'CA 612
(94)
Trfc Study
TMpTr 12209
GPA 83 -1(D)
(45)
Mayor Maurer asked if anyone wished to
address the Council at this time, but
there was no response.
x
Motion was made to continue the public
hearing to September 9, 1985, as
recommended.
2. Mayor Maurer opened the continued public
hearing regarding requests of IRVINE
PACIFIC, Newport Beach for:
AMENDMENT NO. 612 - Request to establish
Planned Community Development Standards
and adopt a Planned Community
Development Plan for the development of
the BRISA DEL MAR PLANNED COMMUNITY
DISTRICT. The proposal also includes a
request to amend a portion of
Districting Map No. 32 so as to
reclassify a portion of the subject
property from the C -1 District to the
Planned Community District and the
acceptance of an Environmental Document;
AND
TRAFFIC STUDY - Request to consider a
traffic study for a 96 unit residential
condominium development;
AND
TENTATIVE MAP OF TRACT NO. 12209 -
Request to subdivide three existing
parcels of land and a portion of vacated
Fifth Avenue, containing 6.63 acres,
into a single lot for residential
condominium development for property
located in the P -C District.
Report from the Planning Department, was
presented.
x
Motion was made to remove these
applications from the Council Calendar,
as requested by the applicant.
3. Mayor Maurer opened the continued public
hearing regarding GENERAL PLAN AMENDMENT
83-1(D), a request initiated by the CITY
OF NEWPORT BEACH, to amend the Land Use
Element of the Newport Beach General
Plan for the FIFTH AVENUE /MACARTHUR
BOULEVARD ( BRISA DEL MAR) PARCEL.
Property located northeasterly of the
intersection of MacArthur Boulevard and
East Coast Highway, between Sea Lane and
Fifth Avenue; zoned P -C.
Volume 39 - Page 285
INDEX
3risa del
Oar PCD/
coning
'CA 612
(94)
Trfc Study
TMpTr 12209
GPA 83 -1(D)
(45)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL s� A y ti v
ROLL August 12, 1985
MINUTES
INDEX
Report from the Planning Department, was
presented.
40 on
x
Motion was made to continue the public
!11l Ayes
hearing to September 9, 1985.
4. Mayor Maurer opened the continued public
Ord 85 -5
rehearing regarding PROPOSED ORDINANCE
Zoning
NO. 85 -5, being,
PCA 616
(94)
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING A PORTION OF
DISTRICTING MAP NO. 23 SO AS TO
DESIGNATE A FRONT YARD SETBACK OF
ZERO FEET ALONG THE BAY, WITH THE
EXCEPTION OF A TRIANGULAR AREA IN
THE NORTHEASTERLY CORNER OF THE
SITE THAT SHALL BE MAINTAINED AS A
CLEAR, UNOBSTRUCTED FRONT YARD
SETBACK, LOCATED AT #1 HARBOR
ISLAND (PLANNING COMMISSION
AMENDMENT N0. 616).
Report from Planning Department, dated
June 24, 1985, was presented.
E. Llewellyn Overholt, Jr., applicant,
addressed the Council and advised that
the Harbor Island Community Association,
on August 5, 1985, accepted his proposed
compromise setback line. He distributed
•
copies of a map depicting the compromise
setback line: and answered questions of
the Council.
Mr. Overholt also submitted a letter.
from Roy Carver, III, #18 Harbor Island,
advising that he had no objections to
the proposal as it would have no adverse
affect on his property.
Mr. Overholt stated, in essence, that
the compromise contemplates a line will
be drawn from Mr. Crispin's 15' setback
point on Mr. Crispin's property, to the
east of the subject property, to the
zero lot line point of Mr. Carver's
property on the Harbor Island Street.
He added that Mr. Crispin's view line
will be totally preserved.
Thayer Crispin, #2 Harbor Island,
addressed the Council and referred to
his letter dated June 20, 1985. He also
stated that, in his opinion, the
proposal of Mr. Overholt is a very vague
expansion of the buildable area which
will increase its value at the expense
•
Volume 39 - Page 286
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL ROLL99 �G3 9G,9 99� �9J, cE`�
Gas ��9 F9 y�9 August 12, 1985
MINUTES
INDEX
of the Harbor Island Community
Association's policies regarding
•
variances. On the other hand, the
proposal will not interfere with his
view.
Phil Lyons, President, Harbor Island
Community Association, addressed the
Council and stated that their Board was
pleased with the proposed compromise in
the sense that it preserves Mr.
Crispin's view. They are also pleased
that the request to exceed the 2.0
buildable area issue has been dropped.
However, they are not in favor of having
to "give up" the open space which will
be lost with the compromise. They also
do not want to encourage similar
requests of this type in the future.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to reintroduce Ordinance
Reintroduced
All Ayes
No. 85 -5, in accordance with the
Ord 85 -5
compromise setback line as presented by
the applicant, amending Districting Map
No. 23; and pass to second reading on
August 26, 1985.
Council Member Hart requested the motion
•
reflect that this proposal is a very
special case, and the Council's action
is not to be interpreted by other
property owners in the area that they
can expect the same treatment.
There was no objection to the foregoing,
and it was so ordered.
5. Mayor Maurer opened the public hearing
U/P 3153
and City Council review of an appeal by
Lovers,
PAUL R. JOHNSON, Corona del Mar, from
(88)
the decision of the Planning Commission
on June 20, 1985, approving USE PERMIT
NO. 3153, a request of ALEX LOVERA to
permit the establishment of a take -out
restaurant in conjunction with a Mexican
delicatessen and to waive the required
off - street parking spaces. Property
located at 2:756 East Coast Highway, on
the northeasterly side of East Coast
Highway, between Goldenrod Avenue and
Fernleaf Avenue; zoned C -1.
Report from the Planning Department, was
presented.
Letter and appeal application of Paul R.
•
Johnson, was presented.
Volume 39 - Page 287
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL RQLL
� �P y�9 August 12, 1985
MINUTES
INnF X
Alex Lovers, applicant, addressed the
U/P 3153
Council and stated that he disagreed
•
with the five items of concern listed in
Mr. Johnson's letter of July 5, 1985.
He described the proposed take -out
restaurant, noting that there would be
no tables and no seating capacity on the
premises. He also stated that he has a
petition signed by numerous residents in
the area in favor of his restaurant. He
has also received approval from the
County Health Department of his kitchen
equipment. He stated that he has done
everything he can to be a good neighbor
and would hope the Council looks
favorably at his request.
William C. Hitchcock, representing PRCC
Corporation, 2744 E. Coast Highway,
addressed the Council and stated that
they "wish the applicant well," and they
don't want to be bad neighbors.
However, they do have a concern with
respect to the waiver of parking
requirements.
Mr. Hitchcock stated that the building
adjacent to Mr. Lovers, houses four
tenants and contains 18 parking spaces.
The tenants of the lot pay the landlord
for these allocated spaces, and from
•
time to time vehicles have to be towed
away for parking in their lot illegally.
He suggested a specific parking plan be
developed for the applicant which would
require that two off - street parking
spaces be available for the take -out
restaurant during working hours and that
five or more spaces be allocated between
the hours of 5 p.m. and midnight. He
further suggested the decision of the
Planning Commission be modified as to
the conditions of approval, as permitted
by Condition No. 12, to allow Mr. Lovers.
to take advantage of the subject lot
during certain times.
Dr. Paul Johnson, 2744 E. Coast Highway,
appellant, addressed the Council and
stated that he felt the Planning
Commission did not fully consider the
inappropriateness of a take -out food
operation in their block, as it consists
of very high quality businesses (i.e.,
Pharmacy, Interior Decorator, Dentistry,
Da Su Salon, Architecture, Lumiere,
Electronics). He also indicated he felt
•
Volume 39 - Page 288
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\rAL
s o S S v
ROLL August 12, 1985
MINUTES
11ITTi7M:1
it was inappropriate for the Commission
/P 3153
to waive the 15 required parking spaces
•
for Mr. Lovers, as well as the 15
required parking spaces for the Gelato
ice cream store, which was done some
time ago. He stated that the tenants of
their building pay a very high premium
for the parking behind their building,
and feel they are going to have to bear
the problem created by Mr. Lovers. with
no recourse.
Dr. Johnson also stated that one other
concern the, tenants have, which is of
utmost importance, is the odor that will
be emitted from the take -out restaurant.
He stated he felt this could be a
serious problem, and urged that some
consideration be given to this issue.
In concluding his remarks, Dr. Johnson
suggested that the waiving of parking
requirements be given more serious
consideration by the Planning Commission
in the future.
During discussion, it was pointed out by
the Planning Director regarding the
waiver of the 15 parking spaces for the
Gelato ice cream store and the subject
use, that this particular type of use
•
comes under the City's take -out
restaurant ordinance, as opposed to a
typical sit -down restaurant, an
ordinance primarily designed for such
places as McDonalds, Carl's Jr., and
Jack -In -The. -Box. The parking
requirements of one parking space per
employee, plus one parking space for
each 50 square feet of gross floor area
works very nicely for the larger
franchise operations as mentioned in the
foregoing, but is excessive for the
small types of uses in question, and
therefore, this is the reason why the
Planning Commission and City Council
have the authority to waive those types
of requirements when the need dictates.
Dale Gasteiger, owner of Lumiere, 2744
E. Coast Highway, addressed the Council
and stated that he was not opposed to
the applicant being successful in his
new venture, but that they are already
receiving complaints from their
customers regarding the need for
additional parking. He stated they have
very expensive clothing in their store,
•
which is not open to public, but because
Volume 39 - Page 289
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
c�
F
August 12, 1985 ti o
ROLL �`n G \Ic�p
MINUTES
INDEX
•
of the proposed take -out restaurant
adjacent to them, they may have to
U1P 3153
install a chain gate across their door
to assure no public access.
Mr. Gasteiger submitted a letter for the
record from S. Shokrian, owner of
property at 2744 E. Coast Highway,
advising that he has not made any
arrangement with the take -out restaurant
operator for use of any parking spaces
on the subject property.
Mr. Gasteiger also suggested Condition
No. 10 be amended to read that "No
customer seating shall be permitted
inside or outside the facility unless an
amended use permit is approved."
Paul Magruder, employee of Paul's
Flowers, addressed the Council and spoke
in support of the request for a take -out
restaurant. He stated he delivers
flowers to the building at 2744 E. Coast
Highway, (adjacent to the take -out
restaurant) and has never found the
parking to be a problem. He also felt
the smell of mexican food would be
"great," rather than offensive.
David Wright, owner of Da Su Salon, 2744
•
E. Coast Highway, addressed the Council
and stated that when the Gelato ice
cream store moved into their block they
were continually running people out of
their parking lot, and if the take -out
restaurant is approved, he feels he will
have to post a man to police the lot to
protect his business.
Andrew P. Cyga, 614 Goldenrod Avenue,
addressed the Council and stated that he
lives across the street from the subject
take -out restaurant and indicated this
type of business would generate a great
deal of "left - overs." He expressed his
concerns regarding garbage which might
be left around the area, and where it
would be housed until picked up.
Ernest George, business owner in Corona
del Mar, addressed the Council and spoke
in support of the take -out restaurant.
He also agreed that parking in Corona
del Mar is a never - ending problem, and
that when the subject of parking behind
the commercial buildings can be
addressed, it will be a definite
•
constructive step forward.
Volume 39 - Page 290
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL ROLL
August 12, 1985
MINUTES
RAS137
•
Mr. Lovers, applicant, addressed the
Council again regarding the comments
made with respect to odor emanating from
his restaurant, and stated that he has
been in the restaurant business for over
15 years and never had a problem in this
regard. He emphasized again that his
kitchen equipment has been approved by
the Health Department and that the
kitchen could be properly ventilated.
Hearing no others wishing to address the
Council, the public hearing was closed.
lotion
x
Motion was made to sustain the decision
L11 Ayes
of the Planning Commission.
6. Mayor Maurer opened the public hearing
Drd 85 -22
pursuant to Section 5.44.035 of the
ATV /GROUP
Newport Beach Municipal Code to consider
W Franchise
granting a rate increase to Group W CATV
(42)
Company.
Report from Executive Assistant to the
City Manager, was presented.
Michael D. McDonald, General Manager,
Group W Cable of Newport Beach,
addressed the Council and stated that it
has been approximately 10 years without
•
an increase in the basic rate service.
He stated that capital expenditures
within the past two years to improve
operation in Newport Beach have exceeded
$2 million, and are expected to top out
at $2.9 million. He stated that Group W
is formally requesting approval of a
rate increase for its services effective
October 1, 1985. He stated that Group W
will not apply the new rate increase to
any area which has not been upgraded by
October 1 and /or until said area has
been upgraded.
John P. Kelly, 717 Goldenrod Avenue,
addressed the Council and stated that he
was a Group W subscriber and felt the
proposed 38Z basic rate increase was
excessive.
Hearing no others wishing to address the
Council, the public hearing was closed.
lotion
x
Motion was made to introduce Ordinance
111 Ayes
No. 85 -22, being,
AN ORDINANCE OF THE CITY OF NEWPORT
•
BEACH AMENDING SECTION 5.44.035 OF
THE MUNICIPAL CODE TO DEREGULATE
CATV RATES WITHIN THE CITY OF
NEWPORT BEACH,
Volume 39 - Page 291
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
y �9 a yF � 9 cF
c"
August 12, 1985 0
ROLL
MINUTES
11110137
•
with the understanding that Group W
Cable honor their commitment and not
apply the new rate increase to those
areas not yet upgraded.
E. PUBLIC COMMENTS:
None.
F. CONSENT CALENDAR:
lotion
x
The following actions were taken as
Ill Ayes
indicated, except for those items removed:
1. ORDINANCES FOR INTRODUCTION:
None.
2. RESOLUTIONS FOR ADOPTION:
(a) Removed from the Consent Calendar.
(b) Resolution No. 85 -54 approving the
PB &R /Fin
Application for Funds Available
CA Sr Ctr
from the California Senior Center
Bond Act
Bond Act of 1984. (Report from
Funding
Parks, Beaches and Recreation
Res 85 -54
Director)
(62/40)
(c) Resolution No. 85 -55 establishing
ersonnel/
•
the salaries of the City Manager,
3alaries
City Clerk and City Attorney for
les 85 -55
Fiscal Year 1985 -86.
(66)
(d) Resolution No. 85 -56 advising the
FP /CNB
AHFP Advisory Committee that the
irculation
City has adopted amendments to the
ament
City's Circulation Element Master
trPln
Plan of Streets and Highways, and
85 -56
fes
requesting that the County modify
4)
its Master Plan of Arterial
Highways within the City to conform
to the City's New Master Plan..
(Report from Public Works)
(e) Resolution No. 85 -57 amending
ncl Ad Hoc
Resolution No. 84 -138 and extending
4arinaprk
the term of the Marinapark Mobile
4blHm Cmte
Home Council Ad Hoc Committee.
tea 85 -57
(24)
(f) Resolution No. 85 -58 authorizing
verside
the purchasing agent to award an
trm Drn/
informal contract exceeding $12,000
ominis Bldg
to purchase materials for the
es 85 -58
RIVERSIDE STORM DRAIN BYPASS
(74)
THROUGH JOHN DOMINIS BUILDING.
(Report from Public Works)
•
Volume 39 - Page 292
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL August 12, 1985
MINUTES
MbIn 4
•
(g) Resolution No. 85 -59 authorizing
abandonment of oil well at Balboa
44th St
Oil Well/
Boulevard and 44th Street,
Balboa B1
declaring an emergency, and waiving
Res 85 -59
formal bid proposals. (Report from
(73/89)
Public Works)
3. CONTRACTS /AGREEMENTS:
(a) Approve consultant selection of
anryVlg/
Butler /Roach Group for the
qcFdn Sq
preparation of the Environmental
AP /EIR /Trfc
Impact Report; and Austin -Faust and
-2529A
Associates for the Traffic Analysis
-2529B
for the CANNERY VILLAGE /MCFADDEN
(38)
SQUARE SPECIFIC AREA PLAN. (Report
from Planning Department)
(b) Waive the irregularity in the low
alboa Pier
bid as the noncollusion affidavit
estrmRplcm
was not notarized before the bid
-2494
opening; and award Contract No.
(38)
2494 to Gold Bullion General
Contracting, Inc., of Chatsworth in
the amount of $142,583 for
Replacing Restroom at Balboa Pier.
(Report from Public Works)
(c) Authorize Mayor and City Clerk to
amboree Rd
•
execute an Engineering Services
Agreement with ASL Engineers for
tw Backbay
C'Hwy /Plus
138)
the preparation of plans,
-2530
specifications and estimates for
the widening of Jamboree Road
between Backbay Drive and Coast
Highway. (Report from Public
Works)
4. COMMUNICATIONS - For referral as
indicated:
(a) To Mayor for endorsement, letter
iscRequest/
from Newport Harbor Jaycees,
Miss Npt
requesting endorsement of the
Pageant
official Miss Newport Beach Pageant
(52)
on an annual basis.
(b) Removed from the Consent Calendar.
(c) To Traffic Affairs Committee for
TAC
response, letter from Virginia
(85)
Henry, requesting pedestrian lane
between Tustin and Dover Avenue.
(d) To Pending Legislation and
Legislation
Procedural Ethics Committee,
(48)
resolution from the City of Yorba
•
Linda supporting Assembly
Constitutional Amendment No. 7
relating to elections.
Volume 39 - Page 293
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL 'S S 9
�y `G3 yGp 91 �.7 c�F
S
ROLL �� August 12, 1985
MINUTES
INDEX
(e) To City Clerk for reconfirmation of
0/C Health
appointments by the City Council,
Plang Cncl
•
letter from Orange County Health
(54)
Planning Council, regarding
Assembly appointment of Robert
Broaddus and Lois Zimmerman as
City's delegate and alternate
delegate.
(f) To City Clerk for confirmation by
0/C League
City Council, designation of Voting
Cities
Delegate and Alternate to represent
(61)
the City of Newport Beach at the
League of California Cities Annual
Conference, October 8, 1985, in San
Francisco.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Local Agency Formation Commission,
Orange County - Minutes of July 10,
and Preliminary Agenda for July 31,
1985.
(b) Copy of letter from Mr. and Mrs.
Hugo Moreno suggesting restrictions
on sailboards in Newport Harbor.
6. CLAIMS FOR DAMAGES - For denial and
(36)
confirmation of the City Clerk's
•
referral to the claims adjuster:
(a) Warren G. Althoff for reimbursement
h1thoff
of expenses, alleging Animal
Control Citation issued in error on
June 15, 1985.
(b) Susana M. Duynstee for property
Duynstee
damage to vehicle as a result of
running over can of tar allegedly
left on street by City contractor
doing work in the area at 62nd
Street on July, 1985.
(c) Brett G. Farrell for medical
Farrell
expenses, legal expenses, etc.,
alleging assault by City Police
Department on July 4, 1985.
(d) Steven Glyer for property damage to
Glyer
vehicle as a result of allegedly
being hit by Refuse Truck on right
side at alley intersection between
Diamond and Ruby and South Bay
Front on June 22, 1985.
•
Volume 39 - Page 294
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL ROLL
August 12, 1985
MINUTES
uincv
•
(e) Mary Jean Harriman for property
damage to vehicle as a result of
Harriman
allegedly being hit by Refuse Truck
while parked at Island Street on
July 13, 1985.
(f) Douglas Kessenich and William
Kessenich
Hamilton seeking reimbursement of
demolition and reconstruction costs
plus, alleging improvements
constructed after City issued
permit, and then required
demolition and reconstruction of
project at 1926 W. Oceanfront on
May 15, 1985.
(g) Philip R. Maurer seeking
Maurer
reimbursement for property damage,
alleging City Refuse Truck damaged
support post and two wood sidings
of fence at alley between Ruby and
Sapphire Streets on June 26, 1985.
(h) Chriss Street for alleging property
Street
damage to vehicle which occurred
when automobile entered driveway to
restaurant and was "caught" on
sidewalk because of high center at
Puffin's Restaurant, PCH, Corona
•
del Mar on June 27, 1985.
(i) Peggy Ann Sands for property damage
Sands
to vehicle as a result of allegedly
being hit by Paramedic Unit while
parked at 330 E. Balboa Blvd. on
June 28, 1985.
(j) Ronald Taylor alleging intersection
raylor
improperly designed and signal
lights improperly located, thereby
causing traffic accident and
property damage to claimant's
vehicle at Bristol Street, South on
May 6, 1985.
(k) Tropical Plaza Landscape seeking
Tropical
indemnity from claim filed by Norma
Plaza Lndscp
de Rossett for personal injuries at
& de Rossett
250 Newport Center Drive on August
24, 1984.
(1) Doug Zenz alleging City Refuse
Zenz
Truck damaged left front portion of
vehicle while vehicle was legally
parked at Park and Agate Streets on
July 20, 1985.
•
Volume 39 - Page 295
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
s 93 9 G 'P �� S 9 , 9� ti F9 fy, � 9 P c�
F
August 12, 1985 , \tp0l;�
ROLL
MINUTES
II19L73V4
(m) Brian E. Riley alleging personal
Riley
injuries, and James Riley and
•
Virginia Riley, emotional distress,
etc., as a result of incident with
Police Department on June 21, 1985
at Narcissus and East Coast Highway
In Corona del Mar.
(n) George Ayala Luna for damages,
Luna
alleging Fire Department knowingly
gave false, incorrect, incomplete
and negligent testimony regarding
the origin and cause of a fire
occurring on vessel known as the
"Pats Pats" between the trial dates
of May 6 and 16, 1985.
For rejection:
(o) Late Claim of Steven Bohunis
Bohunis
alleging City Police Department
unlawfully assaulted claimant and
forceably took blood from
Claimant's body at Newport Beach
City Jail on February 15, 1985.
7. SUMMONS AND COMPLAINTS - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Summer Duus for damages, Orange
Duus
•
County Superior Court, Case No.
45- 62 -30. Claim was denied by City
Council. on January 14, 1985.
(b) Martha S. Kitts for personal
Kitts
injuries, Orange County Superior
Court, Case No. 43- 71 -44. Claim
was denied by City Council on April
23, 1984.
(c) William F. Selle and Eunice Sells,
Sells
Orange County Superior Court, Case
No. 46- 34 -56, for personal injuries
incurred October 12, 1982.
Previous Summons and Complaint was
filed May 9, 1983, following denial
of claim by City Council.
8. REQUEST TO FILL PERSONNEL VACANCIES:
(66)
(Report from the City Manager)
(a) Approve one Refuse Leadman, Refuse
Division.
(b) Approve two Refuse Crewmen, Refuse
Division.
(c) Approve one Typist Clerk II,
•
Planning Department.
Volume 39 - Page 296
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\rALRAL l T�9 % 9G9 qp� Fqj, c�F
Gad' August 12, 1985
MINUTES
INDFX
(d) Approve one Recreation
Superintendent, Park and Recreation
•
Department.
(e) Approve one Equipment Operator II,
Field Maintenance, to fill new
position.
9. STAFF AND COMMISSION REPORTS:
For Council information and approval -
(a) Report from the City Attorney
'Donnell&
recommending approval of the
Gordon
O'DONNELL AND GORDON (C -2331)
-2331
estimate for airport legal
(38)
services.
For Council information and filing -
(b) Parka, Beaches and Recreation
?B &R Cmsn/
Commission Officers for FY 1985 -86.
'85 -6
(Report from Parks, Beaches and
fcrs
Recreation)
(24)
(c) Civil Service Commission Officers
ivil Sery
for FY 1985 -86. (Report from
'man FY'85 -6
Secretary to Civil Service Board.
crs(24)
(d) Planning Commission Officers for FY
ng Cmsn
lfcrs
1985 -86. (Report from Planning
'85 -6
Department)
(24)
10. PUBLIC HEARING SCHEDULING:
None.
11. Removed from the Consent Calendar.
12. USE PERMIT NO. 1933 IMPROVEMENTS -
/P 1933
Accept the public improvements
(88)
constructed in conjunction with Use
Permit No. 1933 (portion of Section 28,
Township South, Range 10 West, San
Bernardino Meridian, located at 3531
Newport Boulevard, on the southwesterly
comer of Newport Boulevard and Short
Street in Central Newport); authorize
the City Clerk to release the Faithful
Performance and the Labor and Material
Bonds (Nos. U805120 -337) in six months
provided no claims have been filed.
(Report from Public Works)
13. ACQUISITION OF 3404 BALBOA BOULEVARD
3404 BalBlvd
(A.P. #423- 351 -12) - Authorize the
kcqstn
purchase of 3404 Balboa Boulevard for
(73)
$150,000; and the acceptance of a Grant
Deed from Terry A. and Aida 0. McKelvey.
(Report from Public Works)
Volume 39 - Page 297
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
('
O�
ROLL CAL G�`r August 12, 1985
MINUTES
INDEX
14. CORONA DEL MAR COMMUNITY CENTER
CdM Cmn$y
•
(CONTRACT NO. 2511) - Authorize the
Ctr
staff to extend the bidding period two
C -2511
weeks from 11 a.m., on August 8, 1985,
(38)
to 11 a.m. on August 28, 1985. (Report
from Public Works)
15. IRVINE TERRACE SCREENWALL (COAST HIGHWAY
Irvine Ter
FROM JAMBOREE ROAD TO ZAHMA DRIVE
Scrnwal
CONTRACT NO. 2498) - Accept the work;
C -2498
and authorize the City Clerk to file a
(38)
Notice of Completion and release the
bonds 35 days after recordation,
provided no claims filed. (Report from
Public Works)
16. REQUEST FOR HUMAN SERVICES FUNDS -
udget /FISH
Uphold staff's recommendation to approve
Fndg
requests of Harbor Area Adult Day Care
(25)
Center and FISH - Harbor Area. (Report
from Executive Assistant to the City
Manager)
17. REQUEST FOR CULTURE AND ARTS FUNDS -
Budget/
Uphold staff's recommendation to
Performg Tre
disapprove request of Performing Tree,
Fndg (25)
Inc. (Report from Executive Assistant
to the City Manager)
18. BUDGET AMENDMENTS - For approval:
(25)
•
BA -008, $16,685 - Decrease in
Unappropriated Surplus and Increase in
Budget Appropriations for salary and
retirement increases; General Fund.
BA -009, $910 - Transfer in Budget
Appropriations for membership in
Association of Orange County Cities on
the Regional Hazardous Waste Joint
Powers Authority; Nondepartmental Fund.
BA -010, $16,500 - Decrease in
Unappropriated Surplus and Increase in
Budget Appropriations for valuation
services, Balboa Bay Club Leased Fee;
General Fund.
BA -011, $50,000 - Decrease in
Unappropriated Surplus and Increase in
Budget Appropriations for preparation of
Plans, Specifications and Engineering,
and environmental investigations for the
widening of Jamboree Road between
Backbay Drive and Coast Highway. (See
staff report with agenda item F -3(c))
•
Volume 39 - Page 298
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
v
\CALROLL G�'r 9 yF9 August 12, 1985
MINUTES
qunFY
BA -012, $12,000 - Decrease in
Irvind
Unappropriated Surplus and Increase in
Screenwdl
•
Budget Appropriations for landscaping
Ter /C'Hwy
Coast Highway side of the Irvine Terrace
Lndscpg
Screenwall. (Report from Public Works)
C- 2498(38)
BA -013, $200,000 - Decrease in
Unappropriated Surplus and Increase in
Budget Appropriations for abandonment
and cleanup of oil well at 44th Street
and Balboa Boulevard. (See report
w /agenda item F -2(g))
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from Marine Department
Harbor Permt
recommending approval subject to
Aplictn
conditions, for HARBOR PERMIT
#124 -3400
APPLICATION NO. 124 -3400, by Duncan
(51)
McIntosh to temporarily revise a section
of the commercial docks at Lido Village,
was presented.
!fotion
x
Council Member Strauss expressed his
concern over possible increase in
parking and traffic as a result of the
proposed boat shows at Lido Village, and
therefore, motion was made to approve
the application, subject to the
conditions listed in the staff report,
and with the additional condition that
•
there be no increase in the number of
boats, nor any greater activity than
that which was conducted in 1984.
Duncan McIntosh, applicant, addressed
the Council and indicated he did not
foresee any problems with Council Member
Strauss's request.
X11 Ayes
The motion was voted on and carried.
2. Resolution opposing reduction of the
CS /Offshr
outer continental shelf moratorium and
Oil Drlg
inclusion of tracts off Newport Beach in
(87)
the outer continental shelf oil and gas
leasing program, was presented.
Council Member Hart announced that Mayor
Maurer had just issued a press release
inviting all interested citizens to
attend a meeting on Thursday, August 15
at 7:30 p.m. in the Council Chambers
regarding offshore drilling. She stated
that the forum will provide an overview
of the current moratorium and proposed
compromise to drill for oil starting
three miles off the coast.
K
x
Motion was made to adopt Resolution No.
a 85 -53
Al yes
85 -53.
Volume 39 - Page 299
CITY OF NEWPORT BEACH
C0UNCIL MEMBERS
\CAL ROLL GK`S' 9 y�9 August 12, 1985
MINUTES
INDEX
3. A letter from Golden State Mobile Home
Planning
Owners League, Inc., regarding rent
(68)
•
control, was presented.
Don Hunter, 39 Channel Road, Associate
Director of Golden State Mobile Home
Owners League, Inc., addressed the
Council and stated that he is receiving
6 to 12 telephone calls a day regarding
the rent control issue and feels the
problem is becoming very critical. He
indicated their organization would like
the City Council to consider a rent
arbitration board as set forth in their
letter.
Motion
x
Motion was made to refer the subject
All Ayes
letter to the Planning Department for
inclusion in the records.
H. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 85 -20, being,
Ord 85 -20
Curfew Leg
AN ORDINANCE OF THE CITY OF NEWPORT
(48/70)
BEACH AMENDING CHAPTER 10.36 OF THE
NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO CURFEWS,
was presented for second reading
(reintroduced at July 22, 1985 meeting
with 10:00 p.m. curfew time).
Althea Line, 310 Fernando Street,
Balboa, President of Newport Towers,
addressed the Council and stated that
she has lived on the Peninsula for 13
years, and has never really complained
about her concerns until now. She
related four incidents which occurred on
the Peninsula in the last month that she
felt could have been prevented had there
been police patrol in the area.
Ms. Line was advised that a report would
be forthcoming from the Police
Department regarding the traffic problem
on August 3 and 4, and that a copy of
that document would be forwarded to her.
Dana Peddit, Member of the Balboa
Peninsula Association, and representing
the Balboa Improvement Association,
Central Newport Beach Association, West
Newport Beach Association, Balboa Island
Improvement Association and the Corona
del Mar Association, addressed the
Council and read a prepared statement in
•
support of the curfew ordinance.
Volume 39 - Page 300
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
c ROI 1_ August 12, 1985
MINUTES
IWnFY
Mon
x
Motion was made to adopt Ordinance No.
x
x
x
x
85 -20 with a 10:00 p.m. curfew.
x
x
I. CONTINUED BUSINESS:
None.
J. CURRENT BUSINESS:
1. Report from the Executive Assistant to
0/C Cities
the City Manager regarding HAZARDOUS
Prtcptn in
WASTE AGREEMENT, was presented.
Hzrdous Wet
C -2531
Motion
x
Motion was made to approve the Hazardous
(38)
All Ayes
Waste Agreement and appoint Mayor Pro
Tem Ruthelyn Plummer as the City's
representative on the Hazardous Waste
Materials Joint Powers Authority.
2. Report from the City Attorney regarding
Ord 85 -23
introduction of proposed ordinance and
Revenue Bnds
selection of Bond Counsel and
fr Haptls
Underwriter for YMCA Revenue Bond Issue,
& Rcrtnl Fac
was presented.
(40)
A Supplemental report from the City
Attorney regarding the YMCA Bond Issue,
and New Proposal submitted by Law Firm
Seeking Appointment as Bond Counsel,
were presented.
Council Member Strauss stated that after
reviewing the proposed ordinance, he
would recommend that a more "precise"
definition be given to "recreation
facility."
In response to the above, the City
Attorney noted that the "recreation
facility" would be a nonprofit
corporation„ which will limit the number
of possible applicants, but which will
be available to the residents of the
City. The ordinance also refers to
facilities which will provide
comprehensive programs and a multitude
of recreational activities. He stated
that he drafted the ordinance with the
intent to limit the number of
potentially qualified applicants for
such an issue.
It was suggested by the City Attorney
that the word "all" be added prior to
the word "residents" on Page 5, line two
of the ordinance.
•
Volume 39 — Page 301
COUNCIL MEMBERS
\CAL ROLL
Motion
Ayes
Motion
All Ayes
•
•
CITY OF NEWPORT BEACH
August 12, 1985
MINUTES
x
The City Manager answered questions
regarding this proposal, and following
discussion, motion was made to introduce
Ordinance No. 85 -23, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING CHAPTER 3.26 OF THE
NEWPORT BEACH MUNICIPAL CODE TO
PERMIT. THE ISSUANCE OF REVENUE
BONDS FOR HOSPITALS AND
RECREATIONAL FACILITIES,
and to appoint Best, Best and Krieger as
Bond Counsel, and Drexel, Burnham and
Lambert as Underwriter; and further, to
authorize the City Attorney and City
Clerk to execute said agreements with
the Bond Counsel and Underwriter.
K. ADDITIONAL BUSINESS:
x
1. Motion was made to approve Budget
Amendment No. 014 in the amount of
$5,000 for participation with other
Orange County Cities regarding
prevention of oil drilling and
exploration on the Outer Continental
Shelf.
Meeting adjourned at 10:15 p.m, to 9t30 a.m.,
Tuesday, August 20, 1985, to meet in closed
session and take action regarding John Wayne
Airport.':
JAA
JA
yor
ATTEST:
ZL94�e_
Ci y Clerk o
PO
E"yt°
Olt, 1:0 .
Volume 39 —Page 302