HomeMy WebLinkAbout09/23/1985 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEMBERS
C+ S� .o ?i S y 9 REGULAR COUNCIL MEETING
9 9 F �'
Of 99 G� G9 9� 9� 4F PLACE: Council Chambers
,P TIME: 7:30 P.M.
ROLL CAL DATE: September 23, 1985
INDEX
Mayor Maurer presented a Proclamation to Mary
Ann Barnett in recognition of September as
PTA Membership Month.
isant
x
x
x
x
x
x
x
A. ROLL CALL.
Motion
x
B. The reading of the Minutes of the
Ayes
x
x
x
x
x
Meeting of September 9, 1985, was
Abstain
x
x
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.
Mayor Pro Tem Plummer and Council Member
Hart advised the Council that because
they were absent from the September 9
City Council meeting, they had listened
to the tape proceedings of that meeting,
and therefore, would be able to partici-
pate in the hearings under consid-
eration.
D. HEARINGS:
1. Mayor Maurer opened the continued public 33PA 83 -1(D)
hearing regarding GENERAL PLAN AMENDMENT Brisa del Mr
83-1(D), a request initiated by the City (45)
of Newport Beach, to amend the Land Use
Element of the Newport Beach General
Plan to change the land use designation
from "Low- Density Residential" to
"Medium- Density Residential" for the
FIFTH AVENUE /MACARTHUR BOULEVARD (BRISA
DEL MAR) SITE. Property located
northeasterly of the intersection of
MacArthur Boulevard and East Coast
Highway, between Sea Lane and Fifth
Avenue; zoned P -C.
Report from the Planning Department, was
presented.
David Neish of Urban Assist, Inc.,
representing The Irvine Company,
addressed the Council and stated that a
revised concept plan has been prepared
for this project, which has been
reviewed by adjacent homeowners'
associations and City staff. There
will be approximately 45 dwelling units,
a density of 8.7 du per buildable acre,
which is far below the original plan.
The units will be single, detached homes
which will be "for sale."
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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September 23, 1985
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The following persons addressed the GPA 83 -1(D)
Council in support of the revised Brisa del Mr
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proposal:
John P. Kelley, 717 Goldenrod
Avenue
Dick 'Nichols, 519 Iris Avenue
Jim Blakemore, 2509 Harbor View
Drive
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to adopt Resolution No, Res 85 -72
85 -72, certifying as complete and
adequate the Final Environmental Impact
Report for the Fifth Avenue /MacArthur
Boulevard site;
Adopt Resolution No. 85 -73, Res 85 -73
approving an amendment to the Land
Use Element of the Newport Beach
General Plan for the Fifth
Avenue /MacArthur Boulevard Parcel
(General Plan Amendment 83- 1(D));
Make the Findings contained in the
Statement of Facts with respect to
significant impacts identified in the
Final. Environmental Impact Report;
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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; and
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 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 fact
set forth in said Statement of
Overriding Considerations, giving
greater weight to the unavoidable
environmental effects, are acceptable.
Council Member Cos made reference to the
staff report, wherein it was noted that
.
the project now under consideration is
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September 23, 1485
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proposed to increase density within the
CPA 83 -1(D)
perimeters of the original General Plan
Brisa del Mr
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Amendment initiation with no provision
of onsite affordable housing. However,
staff is recommending that 20% of the
units be affordable and provided off
site on the Haywood expansion. He
stated that he thought the Baywood
affordable units had already been used
on another site and questioned staff in
this regard.
Patricia Temple, Environmental
Coordinator, responded that in the
Haywood expansion project, The Irvine
Company committed to providing the
entire 68 units as affordable housing,
and established a pool of units which
they have been drawing on for various
projects over the past two or three
years. The actual 20% requirement,
which staff is asking for this project,
would likely be drawn from that pool of
68 units since there are about 50%
remaining.
Discussion ensued, wherein Council
Member Strauss noted that pursuant to
the staff report, preliminary review of
the conceptual site plan by the Planning
and Public Works Departments has
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identified some technical problems with
the proposal in the areas of parking,
sound attenuation and retaining wall
aesthetics. Therefore, he felt this item
should be returned to the Planning
Commission for review and
recommendation.
Council Member Cox indicated he was not
"comfortable" with the proposal, not
only because of the way it is laid out,
but because it does not address
affordable housing on site. He also
would prefer this matter be referred
back to the Planning Commission.
Ayes
x
x
x
x
x
Following consideration, the motion was
Noes
x
voted on and carried.
Abstain
x
2. Mayor Maurer opened the continued public
/P 3156
hearing and City Council review of an
Ocean Prot
appeal by OCEAN FRONT WHEELWORKS,
Wheelworks
Balboa, from the decision of the
(88)
Planning Commission on July 18, 1985,
denying USE PERMIT NO. 3156, a request
to permit the establishment of a
take -out restaurant serving hamburgers
and soft drinks in an existing building
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utilized as a bike, skate, and beach
Volume 39 - Page 355
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL yFP September 23, 1985
MINUTES
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accessory rental facility in the
U/P 3156
Unclassified District, and to waive the
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required off - street parking spaces.
Property located at 105 Main Street, on
the southwesterly corner of Main Street
and East Ocean Front in Central Balboa.
Report from the Planning Department, was
presented.
Report from the Planning Department,
dated September 9, 1985, was presented.
Appeal Application dated August 8, 1985,
was presented.
The City Manager advised that at its
meeting of September 9, 1985, the City
Council directed the staff to meet with
the applicant to explore the possibility
of reaching a compromise from the denial
position taken by the Planning
Commission on July 18, 1985. The staff
met with David A. McDonnell, attorney
for the applicant, on Wednesday,
September 11, 1985, and the applicant
agreed to the following points:
1. The initial term of the Use
Permit would be limited to
three years to correspond with
the provisions of the existing
lease. Any extension beyond
that time would be approved by
the City.
2. The hours of operation would
be reduced and that the
business would close at 9:00
p.m., rather than 11:00 p.m.
3. Five in -lieu parking permits
would be purchased from the
City.
4. The applicant would make a
good faith effort to clean up
the premises, paint the
building, and operate the
business in a manner
consistent with the
restoration of the Balboa Inn.
David A. McDonnell, attorney
representing the applicant, addressed
the Council and stated that his client
is prepared to do extensive remodeling
if the Use Permit is approved, which
would include new carpeting, paneling,
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL\'p ROLL September 23, 1985
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kitchen equipment and electrical wiring, U/P 3158
at an estimated cost of between $15,000
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and $25,000. His client also feels that
because of the high concentration of
"undesirable elements" in the area,
they need more law enforcement
visibility. With regard to hours of
operation, they intend to close food
service at 9:00 p.m., but remain open
until 11:00 p.m. for return of bike
rentals. If their Use Permit is not
approved, the store will remain as a
bike and skate rental and will create a
hardship on the applicant due to the
prohibition of 3 -wheel bicycles on the
Oceanfront Walk, and the new curfew
ordinance.
Doug Cavenaugh, representing Balboa
Improvement Association, addressed the
Council and stated that their
association is working very hard to
improve downtown Balboa, and they will
heartily support a responsible operated
quality- oriented facility. However,
they cannot support the proposed
application if it is to be operated in
the same manner as the existing bike
shop. Currently there are several
problems with the management, such as
loud music, wreckless activities, and a
very unkempt exterior. If the lessee
intends to improve the downtown Balboa
area and provide a needed service, then
they will support the proposal.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to overrule the decision
of the Planning Commission, and approve
the subject application with the
following added provisions:
1. That the Use Permit be limited
to February 14, 1988 when the
current lease expires, but
that it be reviewed one year
from this date.
2. That five in -lieu parking
permits be purchased by the
City and this be made a
condition of approval.
3. The hours of operation for
food service be restricted
from 9:00 a.m. to 9:00 p.m.
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gaily.
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COUNCIL MEMBERS
\CAL<* ROLL September 23, 1985
Motion
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Ayes
Noes
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•
1
Ln
!d
Lc
rd 85 -24
1pm Agmt
i3 /Bayvu
ie (21)
l
85 -2(B)
CA 623
o rd 85 -25
ayvu PCDP
(94/21)
is
x
Substitute motion was made to sustain
the decision of the Planning Commissio .
and deny the application, based on the
Findings for Denial designated as
Exhibit "A" in the staff report.
Council Member Heather stated she was
support of Council Member Strauss °s
motion; however, she would suggest
another condition be added regarding
exploration of sound control, to which
Council Member Strauss agreed.
x
x
x
x
Following comments by other Council
x
x
x
Members, the substitute motion was vot
on and carried.
3. Mayor Maurer opened the continued publ
hearings regarding:
DEVELOPMENT AGREEMENT NO. 3 (ORDINANCE
NO. 85 -24) - Consideration of an
agreement between the City of Newport
Beach and the J. M. Peters Company. T1
subject agreement will establish
specific development rights and relate
obligations pursuant to the annexation
to the City of Newport Beach of the
BAYVIEW site;
AND
GENERAL PLAN AMENDMENT 85 -2(B) -
Consideration of an amendment to the
Land Use and Recreation and Open Space
Elements of the Newport Beach General
Plan so as to change the land use
designation from "Recreational and
Environmental Open Space" with an
alternate of "Low- Density Residential"
to "Multi- Family Residential,"
"Recreational and Environmental Open
Space,1° and a mixture of
"Administrative, Professional and
Financial Commercial" and "Retail and
Service Commercial;"
AND
PLANNING COMMISSION AMENDMENT N0. 623
(ORDINANCE NO. 85 -25) - Consideration
reclassify the subject property to the
P -C (Planned Community) District and
adopt the Bayview Planned Community
Development Plan and Development
Standards.
Report from the Planning Department, w
presented.
Volume 39 - Page 358
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Ln
!d
Lc
rd 85 -24
1pm Agmt
i3 /Bayvu
ie (21)
l
85 -2(B)
CA 623
o rd 85 -25
ayvu PCDP
(94/21)
is
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL s� 0 3 ti ti v
9 �G� ROLL Gds %; �� $�9 September 23, 1985
MINUTES
Report from City Attorney, was
Bayvu PCDP
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presented.
The City Manager summarized the
documents under consideration and
recommended that the proposed resolution
agreeing to adopt an ordinance
authorizing the County of Orange to
include territory within the City in a
redevelopment plan for Santa Ana Heights
and authorizing annexation of Bayview,
be substituted with an agreement
instead. He also stated that if the
subject documents are approved by the
City Council, application will be made
with the Local Agency Formation
Commission to conclude annexation of the
Bayview site to the City.
Bob Trapp, representing J.M. Peters
Company, addressed the Council and
stated that the City Council has already
viewed the site plan for this project.
They hope to start grading operations
next week, and be under construction
with the homes, offices and hotel by
February, 1986. The project is
estimated for completion within 15 to 24
months.
Bob Fisher, Orange County Director of
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Planning, addressed the Council and
stated that they just want to confirm
the fact that any annexation, Bayview or
Santa Ana Heights, does not create
problems regarding their ability to
follow through on the implementation of
the County's Land Use Compatibility
program, the next stage being the
development and adoption of a Specific
Plan, which provides zoning regulations
for the conversion of some portions of
land use in Santa Ana Heights from
residential to business park, and for
the upgrading and improvement of that
portion of Santa Ana Heights which would
be retained in the existing residential
character. That specific plan would
have those regulations and a capital
improvement program which they estimate
at $25 million. They intend to finance
the capital improvement program through
a combination of mechanisms, including
the tax increment from a redevelopment
project. The tax increment from the
Bayview project is very important to the
feasibility of the capital improvement
program, and if the County moves fast
enough (before the project is
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developed), they can capture that tax
Volume 39 e Page 359
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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ROLL CAL Gds 3�9 September 23, 1985
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increment and earmark it for
Bayvu PCDP
improvements in the larger Santa Ana
is
Heights area. As to the agreement
referred to earlier by the City Manager,
he stated that he will be recommending
approval of it to the Board of
Supervisors.
Dick Nichols, 519 Iris Avenue, Corona
del Mar, and Irma Batham, former
resident of Santa Ana Heights, addressed
the Council in opposition to the
proposed annexation of Bayview.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to adopt Resolution No.
Res 85 -74
85 -74, certifying as adequate the
previously- certified Final Environmental
Impact Report for the Bayview project as
the environmental document for the
project, and making Findings in regards
to the Environmental document and
appropriate mitigation measures;
Adopt Ordinance No. 85 -24, being,
AN ORDINANCE OF THE CITY OF
NEWPORT BEACH APPROVING A
DEVELOPMENT AGREEMENT
•
REGARDING THE BAYVIEW PARCEL;
Adopt Resolution No. 85 -75,
Res 85 -75
approving amendments to the Land
Use and Recreation and Open Space
Elements of the Newport Beach
General Plan so as to change the
land use designation of the Bayview
Parcel from "Recreational and
Environmental Open Space,10 with an
alternate of "Low- Density
Residential" to "Multi- Family
Residential," "Recreational and
Environmental Open Space," and a
mixture of "Administrative,
Professional and Financial
Commercial" and "Retail and Service
Commercial ;"
Adopt Ordinance No. 85 -25, being,
AN ORDINANCE OF THE CITY OF
NEWPORT BEACH ADOPTING A
PLANNED COMMUNITY DEVELOPMENT
PLAN AND DEVELOPMENT STANDARDS
FOR THE BAYVIEW PLANNED
COMMUNITY LOCATED ON THE
SOUTHWESTERLY CORNER OF
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BRISTOL STREET AND JAMBOREE
n
ROAD, AMENDING PORTIONS OF
Volume 39 - Page 360
CITY OF NEWPORT REACH
COUNCIL MEMBERS
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Ayes
Noes
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September 23, 1985
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(38)
Hghts
85 -26
3eight Lmts
Er Airprt
LUCmsn Rvu
(94)
622
i
DISTRICTING MAPS 42, 44 AND 6
SO AS TO RECLASSIFY SAID
PROPERTY FROM ORANGE COUNTY
ZONING DISTRICTS PA /95 PD,
CC /90, CC /35, R -1 -2975
PD(2975), R2 -2, 400 AND B1,
AND THE CITY OF NEWPORT BEACH
UNCLASSIFIED DISTRICT TO THE
PLANNED COMMUNITY DISTRICT
PLANNING COMMISSION AMENDMENT
NO. 623); and
Approve Agreement authorizing the
County of Orange to include
territory within the City in a
redevelopment plan for Santa Ana
Heights and authorizing annexation
of Bayview.
Council Member Strauss expressed his
reasons for not supporting the motion.
He indicated his concerns were many, bu
a major concern was the City consenting
to a community redevelopment agency,
over which he feels the City will have
no control, but yet will carry the
burden.
Council Member Hart stated for the
benefit of those who gave testimony,
that she would gladly share her copy of
the EIR for this project with those
interested in reviewing it.
x
x
x
x
x
x
The motion was voted on and carried.
x
4. Mayor Maurer opened the public hearing
regarding proposed ORDINANCE NO. 85 -26,
being,
AN ORDINANCE OF THE CITY OF NEWPOR
BEACH AMENDING CHAPTER 20.02 OF TH.
NEWPORT BEACH MUNICIPAL CODE BY
ADDING SECTION 20.02.090 TO THE
CITY'S HEIGHT LIMITATION ORDINANCE
SPECIFYING AIRPORT LAND USE
COMMISSION REVIEW OF ALL PROJECTS
WHICH WOULD REQUIRE FEDERAL
AVIATION ADMINISTRATION
NOTIFICATION (PLANNING COMMISSION
AMENDMENT NO. 622).
Report from the Planning Department, we
presented.
Hearing no one wishing to address the
Council, the public hearing was closed.
Volume 39 - Page 361
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(38)
Hghts
85 -26
3eight Lmts
Er Airprt
LUCmsn Rvu
(94)
622
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL9ROLL Gds September 23, 1985
MINUTES
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Motion
x
Motion was made to adopt Ordinance No.
yes
85 -26, adding Section 20.02.090 to the
City's Height Limitation Ordinance as
recommended by the Planning Commission.
5. Mayor Maurer opened the public hearing PCA 621
regarding PLANNING COMMISSION AMENDMENT Gfeller/
NO. 621, a request of GFELLER CdM Homes
DEVELOPMENT COMPANY, Tustin, to amend (94)
the CORONA DEL MAR HOMES PLANNED
COMMUNITY DEVELOPMENT STANDARDS so as to
eliminate the third off - street parking
space requirement for two lots within
the development (Lots 1 and 2 of Block
531, Corona del Mar). Property located
at 500 Carnation Avenue and 501 Dahlia
Avenue, on the northeasterly side of
Second Avenue between Carnation Avenue
and Dahlia Avenue in Corona del Mar;
zoned P -C.
Report from the Planning Department, was
presented.
Philip Bettencourt, representing the
applicant, addressed the Council and
stated he concurred in the
recommendations and findings of the
Planning Commission, and was available
for questions of the Council.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to adopt Resolution No, Res 85 -76
All Ayes
85 -76, amending the Corona del Mar Homes
Planned Community Development Standards
as recommended by the Planning
Commission.
6. Mayor Maurer opened the public hearing /Coast
regarding RATE INCREASE REQUEST - ORANGE Yellow Cab
COAST YELLOW CAB, INC. (86)
Report from the Executive Assistant to
the City Manager, was presented.
The City Manager advised that Orange
Coast Yellow Cab has not had a rate
increase since April 1981, and the staff
feels the rate increase is justified on
the basis of the Orange County average
and on the basis of the old rates
modified by Consumer Price Index
increases.
Thomas J. Philbin, President and General
Manager of Orange Coast Yellow Cab,
addressed the Council in support of his
request for a rate increase.
Volume 39 - Page 362
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL s`p �D September 23, 1985
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In response to question raised by
Mayor Pro Tem Plummer, Mr. Philbin
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stated that there is no additional
charge for more than one passenger, and
that five passengers can ride for the
price of one.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to adopt Resolution No. Res 85 -77
85 -77 establishing a schedule of rates
for taxi cabs and rescinding Resolution
No. 10025.
There being no objections, the staff was
directed to investigate the feasibility
of deregulating taxi cab rates, as
suggested by Council Member Strauss, and
report back at a future study session.
All Ayes
The motion on the floor was voted on and
carried.
E. PUBLIC COMMENTS:
1. Council Member Hart gave a summary of fshr Oil
her recent trip to Washington, D.C. with rlg
Mayor Pro Tem Plummer regarding the
offshore oil drilling issue. She stated
that she felt the trip was worthwhile,
•
as they met with ten different
assemblymen, and had contact with both
Senators. There was a bill introduced
September 20, 1985, which stresses the
significance of negotiating again with
the Secretary of Interior, which also
specifically addresses the concerns of
Orange County.
2. Mayor Maurer commented that new signs Pump out
have been installed at the pump out Stations
station dock by The Irvine Company as
requested by Dr. Skinner at a previous
Council meeting. In addition, "clean
harbor" signs have also been installed
at various points throughout the bay.
F. CONSENT CALENDAR:
Motion
x
The following actions were taken as
All Ayes
indicated, except for those items removed:
1. ORDINANCES FOR INTRODUCTION - Pass to
2nd reading on October 15, 1985:
(a) Proposed ORDINANCE NO. 85 -27, Ord 85 -27
being, Traffic
(85)
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AN ORDINANCE OF THE CITY OF
NEWPORT BEACH ESTABLISHING
Volume 39 - Page 363
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\rAL No
9 1 -V c�F RALL y September 23, 1985
MINUTES
NgAnV4
SPEED LIMITS ON PORTIONS OF
SEA LANE IN CORONA DEL MAR AND
SANTA BARBARA DRIVE IN NEWPORT
BEACH (Report from Public
Works- Traffic Engineering)
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 85 -78 approving the Roberti -
application for Grant Funds under Z'Berg/
the Roberti- Z'Berg Urban Open -Space Cmnty Yth
and Recreation Program for the Ctr
Community Youth Center Development Res 85 -78
Project. (Report from Parks, (62)
Beaches and Recreation)
(b) Resolution No. 85 -79 vacating and acation/
abandoning a portion of a sewer Abnd Swr
easement through property located smt -Kings
at 1011 and 1021 Kings Road. Road
(Report from Public Works) Res 85 -79
(90)
(c) Resolution No. 85 -80 adopting a map Vacation/
to vacate the alley between ley - Edgwtr
Edgewater and Bay Avenue and & Bay -Adams
between Adams and Palm, Newport & Palm
Beach. (Report from Public Works) Res 85 -80
(90)
3. CONTRACTS/AGREEMENTS:
(a) Award Contract No. 2477 to Nobest Cliff Dr St
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Incorporated for the total price of Imprvm
$43,492.70 for Cliff Drive Street -2477
Improvements adjacent to Cliff (38)
Drive Park; and authorize the Mayor
and City Clerk to execute said
contract. (Report from Public
Works)
(b) Waive the irregularity in the bid rsd Ave
documents of Nick Tomovich & Sons, f StrmDrn
V-2463
Inc.; award Contract No. 2463 to
Nick Tomovich & Sons, Inc., for the (38)
total price of.$33,063 for
Riverside Avenue Relief Storm
Drain, Phase I; and authorize the
Mayor and City Clerk to execute
said contract. (Report from Public
Works)
(c) Waive the irregularity in the bid Seashr Dr
documents of J. R. Lehigh, Rcnstrctn
Contractor; award Contract No. 2461 -2461
to J. R. Lehigh, Contractor, for (38)
the total price of $183,442.80 for
Seashore Drive Reconstruction west
of Orange Street; and authorize the
Mayor and City Clerk to execute
said contract. (Report from Public
Works)
Volume 39 - Page 364
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL -o9ROLL �J' Fp F9 September 23, 1985
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(d) Authorize the Mayor and City Clerk 0/C Hrbrs
to execute Agreement No. D85 -127 Bchs 6 Prks/
between the City of Newport Beach CNB
and Orange County Harbor, Beaches C -2539
and Parks District to provide (38)
matching funds up to $17,000 from
the County for the removal of
debris and refuse from Newport Bay.
(Report from Marine Department)
(e) Authorize the Mayor and City Clerk Garden State
to execute Agreement approving a Paper Co/
three -year extension for the sale Rcyclg
of used newspaper to Garden State C -1644
Paper Company and Recycling (38)
Resources. (Report from General
Services Department)
(f) Removed from the Consent Calendar.
4. COMMUNICATIONS - For referral as
indicated:
(a) To City Clerk for filing, request /C Health
for Assembly -at -Large positions and Ing
Board of Directors for the Orange (54)
County Health Planning Council.
(b) To Aviation Committee for inclusion /C -John
in the records, note and Los Wayne Arprt
Angeles Times clipping regarding (54)
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John Wayne Airport expansion
compromise from B. B. Bernard.
(c) To Executive Assistant to the City ATV /Group
Manager for inclusion in the
records, letter of thanks from (42)
Group W Cable for supporting their
request for rate deregulation
during the Council meeting of
August 12, 1985.
(d) To Planning Department for reply, Planning
letter from Douglas H. Smith (68)
regarding the alleged continual
disregard for the City's
regulations on hours of operation
for the Arco gas station at 3401
Newport Boulevard, operated by Mr.
Ardell.
(e) To the Pending Legislation and egislation
Procedural Ethics Committee, City (48)
of Seal Beach Resolution No. 3507
opposing the inclusion of Anaheim
Bay, officially designated as Area
CA -46, within the Coastal Barrier
Resources System as established by
the Coastal Barrier Resources Act,
Public Law 97348.
Volume 39 - Page 365
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL
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MINUTES
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(f) Removed from the Consent Calendar.
(g) To Public Works for review, City of PW
Placentia °s Capital Improvement 974)
Program to educate the taxpayers by
issuing /circulating 'official
looking11 Infrastructure Stock
Certificates to all businesses and
households within their city.
(h) To Marine Department for response, garine Dpt
request from John W. Hancock (51)
regarding alleged unpleasant
environmental /health situation of
large flock of ducks residing in
Newport Harbor adjacent to his home
at 1206 W. Bay Avenue on the
Peninsula.
(i) To Planning for inclusion in the Planning/
records, letter from Golden State GS Mobilhm
MobilHome Owners League, Inc. (68)
Associate Director, Jay Brammer,
suggesting resident owned parks.
(j) To Planning Department for Annexation/
response, letters from ABCOM, Mr. 3Ana Hghts
and Mrs. Alfred Pernon, Lorraine (21)
and Bill Warren and Clarence and
Betty Rnox regarding Santa Ana
Heights annexation.
5. COMMUNICATIONS - For referral to the
•
City Clerk for inclusion in the records:
(a) Copy of letter from Grover and
Peggy Moore in support of City's
Parks, Beaches and Recreation
summer swimming instruction
program.
(b) Update from City of Anaheim
Councilman Iry Pickler regarding
recognition from the Southern
California Hazardous Waste
Management Authority as to the
structure and authority of the
Orange County Joint Powers
Authority; and Orange County
Division of Southern California
Hazardous Waste Management
Resolution.
(c) Minutes of general meeting of
Orange County Division League of
California Cities of August 8,
1985.
Volume 39 — Page 366
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\rALROLL Gsd' p y�9 September 23, 1985
MINUTES
itinvY
(d) California Coastal Commission
communication regarding endorsement
•
of Coastweek and California Coastal
Clean Up -Day with copy of
Governor's Proclamation and Senate
Concurrent Resolution 44.
6. CLAIMS FOR DAMAGES - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Regarding oil well fire on August
2, 1985:
Farmers Insurance Group /Clifton
Farmers Ins
Auerswald for property damage to
Grp/
residence.
Auerswald
George Nevin for property damage to
Nevin
his boat, carpeting and residence.
Steve Prince for property damage to
his boat.
Prince Charters, Ltd., for property
Prince
damage to his boat.
Charters,Ltd
Southern California Gas Company for
SoCAGas
closure of gas main to secure oil
well.
•
Greg Super for property damage to
Super
his boat.
Bruce Trubo for property damage to
Trubo
his new 1985 Volvo.
Timothy Vincent Wiley for damage to
Wiley
his shirt, shoes and doormat.
(b) Bob Burks alleging Police
Burks
Department stopped claimant in
vehicle without warrant or other
legal paper; also alleging wrongful
seizure of log books from his
vehicle on May 23 and June 3, 1985,
near Delaney's Restaurant.
(c) Karen L. Dalessi alleging Police
Dalessi
Officer damaged claimant's
windshield, etc., while making an
arrest of a suspect it Cappy's Cafe
on August 27, 1985.
(d) Pamela Ingraham alleging personal
Ingraham
injuries as a result of fall on
sidewalk at 1800 block of 16th
Street on July 28, 1985.
•
Volume 39 - Page 367
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL September 23, 1985
MINUTES
uincw
(e) Ronald McMillian alleging
unnecessary physical abuse by City
McMillian
Police Officer in the vicinity of
4507 Seashore Drive on July 4,
1985.
(f) Linda Sue and Jerry Murray alleging
Murray
personal injuries, etc., and loss
of consortium and general damages
as a result of traffic accident at
intersection of Superior and West
Pacific Coast Highway on July 16,
1985.
(g) Preferred Risk Group /Allan
Preferred
Baumgartel vs. City seeking
Risk Grp/
indemnity as a result of accident
Baurmartel
at intersection of Santa Cruz and
Newport Center Drive on July 8,
1985.
(h) Southern California Edison Company
SoCAEdsn
alleging City water main rusting
through and water being released
under high pressure caused washed
dirt away from claimant's cement
structure and caused it to fall at
3301 Newport Boulevard on August 5,
1985.
•
(i) Lori Wilson for property damage,
Wilson
alleging she was rear -ended by City
truck at 34th Street and Balboa on
August 2, 1985.
For rejection:
(j) LATE CLAIM of Champagne Temporary
Champagne
Help seeking reimbursement for pair
Tempry Help
of sunglasses which was broken as a
result of accident at San Joaquin
and Jamboree Road on March 29,
1985.
7. SUMMONS AND COMPLAINTS - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) John R. Boes, Orange County
oes
Superior Court, Case No. 47- 73 -89.
Claim was denied by City Council on
July 22, 1985.
(b) Robert Williams for personal
Williams
injuries, Orange County Superior
Court, Case No. 41- 32 -51. Claim
was denied by the City Council on
May'9, 1983.
Volume 39 - Page 368
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\A1'` Rn► ► GS'i' 9 September 23, 1985
MINUTES
rm.l. ::
8. REQUEST TO FILL PERSONNEL VACANCIES:
(66)
•
(Report from the City Manager)
(a) Approve one Laborer, Field
Maintenance Division.
(b) Approve one Refuse Leadman, General
Services Department.
9. STAFF AND COMMISSION REPORTS:
For Council information and approval -
(a) 'Report from Executive Assistant to
Balboa Inn/
the City Manager regarding BALBOA
Historical
INN - HISTORICAL PROPERTY.
(35)
(b) Report from Parks, Beaches and
B &R/Bonita
Recreation Director regarding
Crk Prk
NAMING OF PARK, NORTH FORD AREA
(62)
(BONITA CREEK PARK).
(c) Report from Planning Department
.S.Gvt/
recommending transmittal of a
oastal
letter to the Department of
arrier Sys
Interior supporting the position of
(87)
the County of Orange in regards to
ADDITIONS TO THE COASTAL BARRIER
RESOURCES SYSTEM, as established by
the Coastal Barrier Resources Act'
of 1982 (PL97 -348).
For Council information and filing -
(d) Report from Parks, Beaches and
Npt Nauticl
Recreation Director regarding
useum /PB &R
NEWPORT NAUTICAL MUSEUM OPERATION.
(62)
(e) Memo from Executive Assistant to
Arts Cmsn
the City Manager regarding NEW
fcrs'85 -86
OFFICERS FOR CITY ARTS COMMISSION.
(24)
10. PUBLIC HEARING SCHEDULING:
For October 15, 1985 -
(a) SEAL'S AMBULANCE SERVICE REQUEST
Ambulance
FOR RATE INCREASES (Report from
Service
Executive Assistant to the City
Manager)
(b) VACATION AND ABANDONMENT OF PORTION
ac /Abndmt
OF SEWER EASEMENT through property
Swr Esmt
located at 1011 and 1021 Kings
ings Rd
Road. (See report with agenda item
F -2(b))
•
Volume 39 - Page 369
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL
d� A Si S ti 9
ROLL September 23, 1985
MINUTES
1unvY
(c) APPEAL APPLICATION OF RENDEZVOUS
U/P 3164
•
CONDOMINIUM ASSOCIATION, INC., from
Appeal
Planning Commission decision of
(88)
August 22, 1985 regarding
application of Griswold's
Development on USE PERMIT NO. 3164.
For October 28, 1985 -
(d) VACATION AND ABANDONMENT OF ALLEY
Vac /Abndmt
located between Edgewater Place and
Alley Edgwtr
East Bay Avenue and Adams Street
& EBay Av./
and Palm Street (Balboa Area).
Adms & Palm
(See report with agenda item
F -2(c))
11. COAST HIGHWAY WIDENING, BAYSIDE DRIVE TO
Baysd Dr-
JAMBOREE ROAD /RIGHT -OF -WAY ACQUISITION -
Jambre R -O -W
Approve the two "Request for Proposal"
cq /Prpty
documents as set forth in the
Acq
attachments; and authorize staff to
(73)
solicit proposals from prospective
consultants. (Report from Public Works)
12. ACCEPTANCE OF BAYSIDE DRIVE AND
Baysd Dr-
SHORECREST LANE STREET IMPROVEMENTS
Shrcrst Ln
CONTRACT NO. 2464 - Accept the work;
C -2464
authorize the City Clerk to file a
(38)
Notice of Completion and release the
bonds 35 days after Notice of Completion
has been recorded, provided no claims
•
have been filed. (Report from Public
Works)
13. ACCEPTANCE OF 1984 -85 STREET AND ALLEY
St /Alley
RESURFACING AND RECONSTRUCTION CONTRACT
Rsrfcg '84,
NO. 2496 - Accept the work; and
85
authorize the City Clerk to file a
C -2496
Notice of Completion and release the
(38)
bonds 35 days after Notice of Completion
has been recorded, provided no claims
have been filed. (Report from Public
Works)
14. ACCEPTANCE OF PUBLIC PIER FLOAT
blc Pier
REPLACEMENT CONTRACT NO. 2476 - Accept
Float Rplcm
the work; and authorize the City Clerk
-2476
to file a Notice of Completion and
(38)
release the bonds 35 days after
recordation, provided no claims have
been filed. (Report from Public Works)
15. ACCEPTANCE OF BALBOA PIER HANDRAIL
Balboa Pier
REPAIR CONTRACT NO. 2427 - Accept the
Handrlg Rpr
work; and authorize the City Clerk to
_2427
file a Notice of Completion and release
(38)
the bonds 35 days after recordation,
provided no claims have been filed.
.
(Report from Public Works)
Volume 39 - Page 370
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
0 \PtP% 9 c�
F
September 23, 1985 ROLL
MINUTES
INDEX
16. GAS LINE FROM OIL FIELD TO HOAG HOSPITAL
Gas Line/
CONTRACT NO. 2522 - Approve the plans
Hoag Hsptl
•
and specifications; and authorize the
C -2522
City Clerk to advertise for bids to be
(38)
opened at 11:00 a.m. on October 17,
1985. (Report from Public Works)
17. Removed from the Consent Calendar.
18. Removed from the Consent Calendar.
19. COAST HIGHWAY WIDENING IN WEST NEWPORT -
W /CHWy Wdng
Approve in concept preparation of plans
WNpt
and specifications and contract
(74)
administration, all by the City; and
authorize staff to start negotiation of
appropriate procedures and agreements.
(Report from Public Works)
20. ACCEPTANCE OF WATER MAIN REPLACEMENT
Wtr Mn Rplcm
PROGRAM 1984 -85 CONTRACT NO. 2447 -
'84 -85
Accept the work; and authorize the City
-2447
Clerk to file a Notice of Completion and
(38)
release the bonds 35 days after
recordation, providing no claims have
been filed. (Report from Public Works)
21. TRAFFIC SIGNAL INSTALLATIONS AT JAMBOREE
rrfc Sgnl
ROAD AND ISLAND LAGOON DRIVE NEWPORTER
Instl /Jmbre
INN AND AT NEWPORT CENTER DRIVE AND
/IsLagnDr
SANTA CRUZ DRIVE CONTRACT NO. 2536 -
Nprt Inn
Approve the plans and specifications;
-2536
and authorize the City Clerk to
(38)
advertise for bids to be opened at 10:00
a.m. on October 17, 1985. (Report from
Public Works- Traffic Engineering)
22. PARRS, BEACHES AND RECREATION COMMISSION
BR Cmsn
- Accept with regret, the resignation of
Vcncy
James Capretz, effective September 3,
(24)
1985, and direct the.City Clerk to post
vacancy notice.
23. CITY COUNCIL TRAVEL AUTHORIZATION AND
Cncl Expns
EXPENSE - Approve travel expense record
(33)
for Mayor Pro Tem Plummer in the amount
of $921.41 and Council Member Hart in
the amount of $ 998.59 (trip to
Washington, D. C. regarding Offshore Oil
Drilling from September 9 to 11, 1985).
24. SPECIAL EVENT PERMIT - For approval,
ermit /Spcl
subject to conditions listed in the
Envnts
application for American Diabetes
(65)
Association, Southern California
Affiliate, Inc. for October 6, 19859
from 9 a.m. - 5 p.m, (All Southern
California Bike Ride). (Report from
Business License)
Volume 39 - Page 371
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
C+ S -o si S 'S 9c
O� 99
ROLL CAL 3�9 y�9 September 23, 1985
MINUTES
ITk IO7W1
0
25. SPECIAL EVENT PERMIT - For approval,
ermit /Spcl
subject to conditions listed in the
Evnts
•
application for Newport -Costa Mesa YMCA,
(65)
Walk -a -thon Fund Raiser, for October 19,
1985, from 8 a.m. - 2 p.m. (Report from
Business License)
26. SPECIAL EVENT PERMIT - For approval,
ermit /Spcl
subject to conditions listed in the
Evnts
application for Rusty Pelican
(65)
Restaurants, Inc., for Bicycling,
Running and Swimming Event held on
October 12, 1985, from 7 a.m. - 12 noon.
(Report from Business License)
27. BUDGET AMENDMENTS - For approval:
(25)
(a) Reappropriation of prior years'
Budget Amnd/
encumbrances as required by
Finance Adt
Governmental Accounting, Auditing
(25)
and Financial Reporting (GAAFR).
(Report from the Finance Director):
BA-019 - $3,939,021.38, Transfer in
Budget Appropriations; General
Fund.
BA -020 - $65,555.50, Transfer in
Budget Appropriations; Park and
Recreation Fund.
•
BA -021 - $19,780.75, Transfer in
Budget Appropriations; Library
Fund.
BA -022 - $3,629.78, Transfer in
Budget Appropriations; Federal
Revenue Sharing Fund.
BA -023 - $40,141.33, Transfer in
Budget Appropriations; State Gas
Tax (2107) Fund.
BA -024 - $21,914.72, Transfer in
Budget Appropriations; State Gas
Tax (2106) Fund.
BA -025 - $2,000, Transfer in Budget
Appropriations; Arterial Highway
Financing Program Fund.
BA -026 - $663,862.36, Transfer in
Budget Appropriations; Tide and
Submerged Lands Fund.
BA -027 - $182,286.84, Transfer in
Budget Appropriations;
Contributions Fund.
,Volume 39 — Page 372
0
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL September 23, 1985
MINUTES
INDEX
BA -028 - $47,270.14, Transfer in
•
Budget Appropriations; Building
Excise Tax Fund.
BA -029 - $55,416.57, Transfer in
Budget Appropriations; Water Fund.
(b) BA -030 - $5,880, Increase in Budget
Appropriations and Revenue
Estimates for donation by the
Friends of the Library for purchase
of books, record player, projector,
tables and chairs; Library Fund.
(c) BA -031 - $1,958,560, Increase in
Unappropriated Surplus and Revenue
Estimates for contributions from
other agencies for Upper Newport
Bay Sediment Control which were
inadvertently omitted from budget
document; General Fund.
(d) BA -032 - $69,015, Increase in
Unappropriated Surplus and Revenue
Estimates for AHFP funds to cover
carry - overs; Arterial Highway
Financing Program Fund.
(e) BA -033 - $14,850, Transfer in
Budget Appropriations for word
processing equipment; City
•
Attorney - Office Equipment Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. The City of Brea Resolution No. 85 -98
Ofshr oil
supporting the protection of the Orange
Drlg Lgsltn
County Coastline from Offshore oil
(87)
Drilling, was presented.
Motion
x
Motion was made to direct staff to write
All Ayes
a thank you letter to the City of Brea,
and to file the communication in the
City ''Clerk's Offshore 011 Drilling file.
2. Report from Public Works regarding
CHw'y
ENVIRONMENTAL IMPACT STATEMENT (EIS) FOR
dng /Rt 55
PACIFIC COAST HIGHWAY WIDENING -- NEWPORT
(74)
BOULEVARD (ROUTE 55) TO GOLDEN WEST
STREET, was presented.
Motion
x
Motion was made to continue this item to
All Ayes
October 15, 1985.
3. Report from Public Works recommending
Bldg Permit
approval of the Building Permit
(46)
Agreement for 116 Kings Place (Lot 2 of
Tract 1219), and authorize the Mayor and
City Clerk to execute said agreement,
•
was presented.
Volume 39 - Page 373
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL ROLL Gs`n y�9 September 23, 1985
MINUTES
INDEX
The staff advised that after the agenda
was printed, a letter was received from
•
Donald Ward, applicant, requesting this
item be continued to a future date.
Motion
x
Motion was made to continue the
All Ayes
foregoing item to October 15, 1985.
4. Report from Public Works regarding the
CdM Cmnty
CONSTRUCTION OF CORONA DEL MAR COMMUNITY
Yth Ctr
YOUTH CENTER CONTRACT NO. 2511, was
C -2511
presented.
(38)
Dick Nichols, 519 Iris Avenue, addressed
the Council and questioned the reason
for rejecting the bids for the proposed
work, to which he City Manager replied
that the low bid was 93% over the
$536,450 available, and therefore, the
project scope will be reexamined.
Mr. Nichols requested that in view of
the foregoing, the existing building not
be demolished until new construction is
ready to begin.
Motion
x
Motion was made to reject all bids for
All Ayes
Construction of Corona del Mar Community
Youth Center (Contract No. 2511) that
were received and opened on August 28,
1985; and direct the staff to report
•
back with recommendation regarding
development of the property.
H. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 85 -17, being,
Drd 85 -17
Zoning/
AN ORDINANCE OF THE CITY OF NEWPORT
Restaurants
BEACH AMENDING THE PROVISIONS OF
(94)
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),
PCA 617
was presented for second reading and
adoption.
Motion
x
Motion was made to adopt Ordinance No.
Ayes
x
x
x
x
x
x
85 -17.
Noes
x
I. CONTINUED BUSINESS:
None.
•
Volume 39 - Page 374
a
i
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL ROLL q �9,9 CGS qG� q�.` Fql Ct�`t"
0
Motion
All Ayes
Motion
All Ayes
Motion
All Ayes
Son
All Ayes
C7
MINUTES
September 23, 1985
Protocl
J/P 3166/
Prfc Study
J. CURRENT BUSINESS:
1. BICYCLE TRAILS CITIZENS ADVISORY
COMMITTEE:
X
Motion was made to confirm (District 4)
Council Member Heather's appointment of
Donald J. Regan as a member to fill the
unexpired term of Richard Nelson, ending
December 31, 1985;
x
Motion was made to confirm (District 6)
Council Member Agee's appointment of
Ralph H. Winter as a member to fill the
unexpired term of Barbara Wong, ending
December 31, 1985.
2. Letter from Orange County for
consideration to appoint a City
representative on the City Liaison
Protocol Committee, which would provide
assistance in accordance with
international standards of diplomacy and
protocol when needed and to help expand
Orange County's cultural awareness of
other nations, was presented.
x
Motion was made to continue this item to
October 15, 1985.
K. ADDITIONAL BUSINESS:
X
1. Motion was made to schedule public
hearing on October 15, 1985 for Use
Permit No. 3166 (Newport Lido Medical
Center), and related Traffic Study.
There being no objections, the meeting
adjourned at 9:50 p.m., to 4:00 p.m.,
September 30, 1985.
AAJA
Mayo
ATTEST:
City Clerk�'� "''
r ®lZr -,V
i
Volume 39 - Page.375
Protocl
J/P 3166/
Prfc Study