HomeMy WebLinkAbout03/24/1986 - Regular Meeting•
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Mayor Maurer presented a Proclamation to a
representative of the American Red Cross
recognizing March as 1 °Red Cross Month."
A presentation was given regarding the
Statement on World Peace by the Spiritual
Assembly of the Bahais of Newport Beach.
A Distinguished Service Award from the
California Youth Authority was presented to
the Newport Beach Police Department for
their Substance Abuse Program.
A. ROLL CALL.
B. The reading of the Minutes of the
Meeting of March 10, 1986, was waived,
approved as written, and ordered filed.
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 public hearing
and City Council review of USE PERMIT
NO. 3185, a request of JAMES ADAMS,
Newport Beach, to permit the
construction of an office building in
the Mariners Mile Specific Plan Area
which exceeds the 26 foot basic height
limit in the 26/35 Foot Height
Limitation District and contains a gross
structural, area in excess of .5 times
the buildable area of the site. The
proposal also includes a modification to
the Zoning Code so as to allow the use
of compact and tandem parking spaces for
a portion of the required off - street
parking, and a request to use a
substandard aisle width with wider than
normal parking spaces for a portion of
the required parking; and the acceptance
of an Environmental Document. As an
option to the tandem parking spaces, the
applicant is willing to purchase an
equal amount of in -lieu parking spaces
on an annual basis in the Mariners' Mile
Municipal Parking Lot. Property located
at 2620 Avon Street, on the northerly
side of Avon Street between Riverside
Avenue And Tustin Avenue; zoned SP -5.
Report from the Planning Department, was
presented.
Council Member Strauss commented that
this item had been called up by him, and
at that time it was only two or three
Volume 40 - Page 92
J/P 3185
(88)
COUNCIL MEMBERS
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Motion
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March 24, 1986
days after the Planning Commission had
approved it, and therefore, the Council
did not have available to them the
minutes of that meeting, but were aware
there was a height problem. Subsequent
to that time he has talked with the
applicant and people that live close to
the proposed development, and as a
result, he has no problem with the
height issue whatsoever and will support
the Planning Commission's recommendation
for approval.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion was made to sustain the decision
of the Planning Commission.
E. PUBLIC COMMENTS:
1. Dr. Skinner, 1724 Highland Avenue,
addressed the Council regarding the need
for additional pump -out stations in the
bay. He distributed a map depicting the
harbor divided into nine zones where the
facilities were necessary. He stated
that all boats would be within one -half
mile, or six minutes from a pump -out
station, and offered his assistance so
that such a program can be implemented.
Mayor Maurer advised Dr. Skinner that he
had just received a report on this issue
today and that pump -out stations are
being planned in every zone, except Zone
6; that within the year, eight pump -out
stations should be completed, and within
18 months, there should be a total of
ten.
F. CONSENT CALENDAR:
The following actions were taken as
indicated, except for those items removed:
1. ORDINANCES FOR INTRODUCTION - Pass to
second reading on April 14, 1986:
(a) Proposed ORDINANCE NO. 86 -4,
being,
AN ORDINANCE OF THE CITY
OF NEWPORT BEACH AMENDING
CHAPTER 5.04 OF THE
NEWPORT BEACH MUNICIPAL
CODE PERTAINING TO
GENERAL PROVISIONS OF
BUSINESS LICENSES AND
REGULATIONS.
Volume 40 - Page 93
Stations
Ord 86 -4
Business
License
Regulations
(27)
COUNCIL MEMBERS
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March 24, 1986
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(b) Removed from the Consent
Calendar.
(c) Proposed ORDINANCE NO. 86 -6,
being,
AN ORDINANCE OF THE CITY
OF NEWPORT BEACH AMENDING
CHAPTER 9.04 OF THE
NEWPORT BEACH MUNICIPAL
CODE TO ADOPT THE UNIFORM
FIRE CODE, 1985 EDITION
(Report from the Fire
Chief). `
RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 86 -17 opposing
Assembly Bill 2994 authorizing the
transfer of litigation challenging
certain land use decisions by a
local entity to a county other than
the one in which the local agency
is located. (Report from the City
Attorney)
(b) Resolution No. 86 -18 amending
Resolution No. 9782 pertaining to
Business License Fees pursuant to
Title 5 of the Newport Beach
Municipal Code. (Report from the
City Attorney)
Ord 86 -6
Fire Code
(41)
lea 86 -17
(48)
Lic /Fees
Res 86 -18
(27)
(c) Resolution No. 86 -19 authorizing PD
participation of Newport Beach Res 86 -19
Police Department in the Remote (70) Cp-,24 /V
Access Network of the California C3 g)
Identification System (Cal -ID).
(Report from the Police Department)
(d) Resolution No. 86 -20 authorizing
Traffic/
traffic control at certain
Seashore Dr
intersections at Seashore Drive.
Res 86 -20
(Report from Traffic Affairs
(85)
Committee)
(e) Resolution No. 86 -21 approving an
Personnel/
agreement between the City of
M -O -U
Newport Beach and the Newport Beach
Firefighters
Firefighters Association regarding
Res 86 -21
compliance with the Fair Labor
C -2060
Standards Act. (Report from
(38)
Personnel Director)
(f) Resolution No. 86 -22 consenting to CATV /Grp W
the reorganization of Group W Res 86 -22
Cable, Inc. (Report from Executive (42)
Assistant to the City Manager)
Volume 40 - Page 94
COUNCIL MEMBERS
\CALROLL G�if March 24, 1986
MINUTES
1!.`1OW1
3. CONTRACTS/AGREEMENTS:
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(a) Award Contract No. 2549 to Sierra
St Light
Pacific Electrical Contracting,
Cnvsn PhsII
Inc., in the amount of $216,568;
C -2549
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and authorize the Mayor and City
(38)
Clerk to execute said contract for
Street Light Conversion Program,
Phase II [see Budget Amendment No.
075]. (Report from Public Works)
(b) Authorize the Mayor and City Clerk
PCH Wideng/
to execute a Local Agency /State
Bayside-
Agreement to provide the necessary
MacArthur
right -of -way supervision for the
C -2560
acquisition of property needed to
(38)
widen Coast Highway [Coast Highway
Widening, Bayside Drive to
MacArthur Boulevard]. (Report from
Public Works)
4. COMMUNICATIONS - For referral as
indicated:
(a) Removed from the Consent Calendar.
(b) To Library for response, letter
Library
from Margaret Howland regarding
(50)
suggestions for placement of
paperback books, magazines and new
books at Newport Center Library.
(Attached w /reply to Mrs. Howland
from Acting City Librarian)
(c) To City Attorney for inclusion in
City Atty/
the records, Notice of Hearing
SPON /Ping
scheduled for June 2, 1986, at 9:30
(31/68)
a.m.,in Department 21 of the
Superior Court of State of
California, Orange County,
regarding SPON vs. City of Newport
Beach [vacate and set aside Council
action on November 12, 1985
adopting Ordinance No. 85 -30,
amending Council Policy S -1; and
certifying a negative declaration
in connection with the project].
(d) To staff for response, complaint
PW /Bal....is
from Alan L. Blum regarding
Sdwlks /Alys
maintenance and responsibility of
(74)
stagnant water on sidewalks and
alleys on Balboa Island after high
tide or heavy rains.
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(e) To Marine Department for reply,
Marine Dpt
letter from Eric Keawekane
(51)
requesting a change in the time the
"black balled11 flag is displayed so
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that surfers can enjoy the better
surfing areas.
Volume 40 - Page 95
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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(f) To Marine Department for response, Marine Dpt
letters from Howard E. (51)
Waldstreicher, Peter C. Vail and
Steve Schuster in support of a live
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bait receiver.
(g) To City Clerk for inclusion in the Ping /Lido
records, letter of appreciation Prk MHPrk
from Patricia Krimian, Secretary, (68)
Lido Park Mobile Homeowners
Association for Council's attention
at the March 10 Council meeting
regarding their lease of February
1984 and addendum of February 1986.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Orange County Division League of
Cities Minutes of January 9, 1986.
(b) Orange County Local Agency
Formation Commission Minutes of
February 5, 1986.
6. CLAIMS FOR DAMAGES - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Larry Allbright alleging City Allbright
Police Department did not return
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gold chain when he was released
after his arrest on February 24,
1986 at Pacific Coast Highway and
Jamboree.
(b) Monte del Bolinger claiming del Bolinger
personal injuries sustained, loss
of vehicle, work, etc., as a result
of traffic accident at MacArthur
Boulevard and intersection of
Bonita Canyon Road on December 2,
1985, alleging dangerous condition
of public property existed on and
adjacent to said roadway.
(c) Richard Carroll alleging Police arroll
Department did not return his
driver's license when he was
released, as a result of arrest on
January 25, 1986 at Newport Beach
Police Department.
(d) William A. Rodrigues alleging one Rodriguez
green emerald earing not returned
to him when he was released after
his arrest on March 4, 1986 at the
Newport Beach Police Station.
Volume 40 - Page 96
SRI
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(e) Stephen J. Ruzek alleging his truck
Ruzek
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hit by City truck he was working on
at the Corporation Yard, Superior
and Industrial Way on February 14,
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1986.
7. SUMMONS AND COMPLAINTS - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Steven Bohunis Complaint for
Bohunis
Damages for Deprivation of Civil
Rights and Demand for Jury, United
States District Court, Case No.
86 -1266. Claim was denied by City
Council on August 12, 1985.
8. REQUEST TO FILL PERSONNEL VACANCIES:
(66)
(Report from the City Manager)
(a) Approve one Typist Clerk I, Parks
and Recreation Department.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Simonis & Moreland Accountants,
Finance/
Inc. letter to the City regarding
Audit FY °85
financial statements /audit for the
(40)
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year ended June 30, 1985.
(b) Memorandum from City Manager
Insurance/
regarding STATUS OF PUBLIC
Pblc Liab
LIABILITY INSURANCE -- POLICY RENEWAL
(47)
1986 -87.
(c) Approval of COUNCIL POLICY A -10,
Council
1°PROCEDURAL RULES FOR THE CONDUCT
Policy A -10
OF CITY COUNCIL MEETINGS.°
(69)
10. PUBLIC HEARING SCHEDULING - For April
14, 1986:
(a) APPEAL OF SAID SHOKRIAN ON USE
U/P 3191
PERMIT NO. 3191 - From the Planning
(88)
Commission decision of February 20,
1986, to include some seating and
permit beer and wine to be served
on the property at 3601 East Coast
Highway, Corona del Mar.
11. SAN JOAQUIN HILLS TRANSPORTATION
Building
CORRIDOR - Uphold staff's
SJHTC /Fee
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recommendation to waive the San
Joaquin Hills Transportation
(26)
Corridor Fee (SJHTCF) in the amount
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of $17,212 due to the unique
circumstances and unfortunate
Volume 40 - Page 97
COUNCIL MEMBERS
\CALG� 9G,p 9j, J ��9 F9 DOLL
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March 24, 1986
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timing involved in issuing the permit
for this project. (Report from Building
Director)
12. HARBOR PERMIT APPLICATION #124 -3400 -
Harbor Perm
Uphold staff's recommendation to approve
11124 -3400
the application by Duncan McIntosh to
(51)
temporarily revise a section of the
commercial dock bayward of Lido Village,
subject to conditions listed in the
staff report. (Report from the Marine
Department)
13. SPECIAL EVENTS PERMITS - (Reports from
Permit/
Business License Supervisor)
Special Evnt
(65)
Recommending denial:
(a) Removed from the Consent
Calendar.
Recommending approval, subject to
conditions listed in the staff report:
(b) Application #86 -066, for Volvo
#86 -066
1800 Club Car Show, to close
Via Opporto in Lido Marina
Village on April 27, from
10:00 a.m. to 3:00 p.m.;
(c) Application #86 -036, for
#86 -036
MacIntosh Boat Show, to close
Via Opporto in Lido Marina
Village, from April 3 through
21, 1986; and
(d) Application #86 -057, for
#86 -057
Newport Beach Athletic Club,
for street closures at Newport
Center for a run on April 20,
1986.
14. GAS LINE FROM OIL FIELD TO HOAG HOSPITAL
Hoag Hsptl/
(C -2522) - Accept the work; and
Gas Line
authorize the City Clerk to file a
C -2522
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)
15. SIDEWALK, CURB AND ROADWAY PAVEMENT
Bal Pnsla/
REPLACEMENT ON BALBOA PENINSULA (C -2555)
Sdwlk /Curb
- Approve the plans and specifications;
C -2555
and authorize the City Clerk to
(38)
advertise for bids to be opened at 11:00
a.m. on April 16, 1986. (Report from
Public Works)
Volume 40 - Page 98
COUNCIL MEMBERS
\CAL<*®LL Gss 9 � March 24, 1986
MINUTES
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16. BALBOA PARKING LOT TICKET BOOTH (C -2398)
Balboa Prkg
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- Approve the plans and specifications;
Lot TcktBth
and authorize the City Clerk to
C -2398
advertise for bids to be opened at 11:00
(38)
a.m. on April 17, 1986. (Report from
.
Public Works)
17. TRACT NO. 12309, LOT 4 - Approve a
Tract 12309
Subdivision Agreement guaranteeing
completion of the public improvements
required with Tract No. 12309, Lot 4
(portions of Block 51 and 57, Irvine's
Subdivision, located on property bounded
by MacArthur Boulevard, Bison Avenue,
Camelback Street, Jamboree Road and San
Diego Creek in the North Ford Planned
Community); and authorize the Mayor and
City Clerk to execute said agreement.
(Report from Public Works)
18, CORONA DEL MAR ELEMENTARY SCHOOL SITE -
dM ElmSchl
Accept the offer of dedication of a park
Site Prk
site, Lots 16, 18, 20 and 22, Block 631,
(74/62)
Corona del Mar Tract; accept the offer
of dedication of a municipal parking
lot, Lots 15, 17, 19 and 21, Block 631,
Corona del Mar Tract; (Lots No. 15 -22,
Block 631, Corona del Mar Tract, located
on the southeasterly side of Carnation
Avenue between Second Avenue and Fourth
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Avenue in Corona del Mar) and authorize
the Mayor and City Clerk to execute
subject deeds. (Report from Public
Works)
19. IMPROVEMENTS IN TRACT NO. 12164 - Accept
ract 12164
the public improvements constructed in
conjunction with Tract No. 12164 (Tract
No. 11041, located on the southeasterly
corner of Bison Avenue and Jamboree
Road, commonly known as Belcourt Area
' %,11 within the Aeronutronic Ford
Planned Community); authorize the City
Clerk to release the Faithful
Performance Surety in the Form of an
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Assignment (No. 25- 09000358) and release
the Labor and Material Surety in the
form of an Assignment (No. 25- 09000341)
in six months, provided no claims have
been filed. (Report from Public Works)
20. IMPROVEMENTS IN TRACT NO. 11604 - Accept
Tract 11604
the public improvements constructed in
conjunction with Tract No. 11604 (Tract
.
No. 11041, located on the southeasterly
corner of Bison Avenue and Jamboree
Road, commonly known as " Belcourt" Area
8, within the Aeronutronic Ford Planned
Community); and authorize the City Clerk
to release the Faithful Performance
Volume 40 - Page 99
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Surety in the form of a pass book
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account (#25- 09000374) and release the
Labor and Material Surety in the form of
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a pass book account (7125- 09000366) in
six months, provided no claims have been
filed. (Report from Public Works)
21. BUDGET AMENDMENTS - For approval:
(25)
BA -070, $2,000 - Transfer of Budget
Appropriations for donation to the
Imagination Celebration; Nondepartmental
Fund.
BA -071, $5,205 - Increase in Budget
Appropriations for regulator beach
signs, truck bed for new chassis, and
arrowboard for top of truck; General
Fund.
BA -072, $17,111 - Increase in Budget
Appropriations and Revenue Estimates for
developer's contribution to improvement
of 28th Street at Lafayette Avenue;
Contribution Fund.
BA -073, $5,000 - Decrease in
Unappropriated Surplus and increase in
Budget Appropriations for consultant to
seek passage of Senate Bill 1694;
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Nondepartmental Fund.
BA -074, $12,500 - Decrease in
Unappropriated Surplus and increase in
Budget Appropriations for replacement of
damaged canopy which provided shelter
and area lighting over diesel fuel
island at the Corporation Yard; General
Fund.
BA -075, $216,520 - Increase in Budget
Appropriations and Revenue Estimates for
State Energy Commission loan for Phase
II of Street Light Conversion Program;
General Fund.
BA -076, $500 - Transfer in Budget
Appropriations for purchase of hangers
for Council Chambers art works;
Nondepartmental Fund. (Report from the
krts Cmsn
Executive Assistant to the City Manager)
(24)
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
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1. Request from Corona del Mar Chamber of
hristmas
Commerce to include in the 1986 Budget,
ecorations/
the Chamber donated Christmas
dM Chmbr
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trees /decorations for the east entrance
(25)
of Newport Beach and Pacific Coast
Highway, was presented.
Volume 40 - Page 100
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M tion
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Motion was made to refer subject letter
Ayes
to budget considerations next month.
2. Application #86 -084, for Karl Drews
ermit /Spcl
Wedding, to close Ocean Blvd., between
Evnt
Orchid and Narcissus for four hours on
#86 -084
May 17, 1986, was presented.
(65)
Karl Draws, 3516 Ocean Boulevard,
addressed the Council and spoke in favor
of his request. He stated that he was
getting married on May 17 and is
desirous of having the reception at his
parents' home on Ocean Boulevard. There
would be a band, a few tables placed
outside for dining, and hopefully the
street closed. He had signatures of
affected neighbors endorsing the event,
and if approved, will provide the
required certificate of insurance for $1
Million. In addition, no alcoholic
beverages will be served on the street,
only in the residence. He noted that
approvals had been given by the Fire and
Traffic Departments; however, the Police
Department was recommending denial.
Motion
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Council Member Agee stated that he could
Ayes
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not support the request, inasmuch as
Noes
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Ocean Boulevard is a major thoroughfare;
and therefore, moved to deny the request
for street closure.
3. Proposed ordinance pertaining to the
Ord 86 -5
Uniform Transient Occupancy Tax, was
UniformTOTx
presented.
(40)
The City Clerk advised that after the
agenda was printed, a letter was
received from the Arts Commission
recommending that 25% of the proposed 1%
increase of the Transient Occupancy Tax
be designated for "Art in Public
Places."
Council Member Hart expressed her
dissatisfaction with some of the
language in the proposed ordinance which
states, "The tax shall be deposited in
the General Fund and utilized for
general revenue purposes." She stated
she did not feel the wording clearly
reflected what the tax will actually be
used for, and that there should be a
report clarifying such proposal when the
Council considers its adoption.
Volume 40 - Page 101
COUNCIL MEMBERS
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�¢ 99 CGS 9G9 99,' c�F
ROLL CAL Gds ��� �� $�� March 24, 1986
MINUTES
In response to Council inquiry, the
UniformTOTx
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Assistant City Attorney stated that
after Proposition 13, there became two
general classifications of taxes. One
classification is what is called a
"general1° tax, which is a tax raised for
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general revenue purposes that is put
into the General Fund with no specific
statement regarding the raising of that
tax, and what it will be used for. The
other classification is a "special" tax
that is earmarked for a specific purpose
and the specific purpose is stated in
the ordinance. This tax requires a vote
of the electorate and 2/3 of the voters
must give their approval.
The Assistant City Attorney continued by
stating that what the City is doing in
this situation is to raise the tax from
8% to 9 %, and then during the budget
process the Council can choose what to
do with any portion of the 9% after it
goes into the General Fund. It is her
understanding that the City Council is
going to consider allocating some of the
additional funds, after the funds are
put into the General Fund, to a number
of specific purposes such as the Newport
Beach Conference and Visitors Bureau and
the City's Arts Commission.
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Council Member Strauss stated that he
felt the Assistant City Attorney's
explanation was very clear, but it was
also very clear to him that the proposed
procedure was an indirect way to get
around the law. There has been a
specific request from the Conference and
Visitors Bureau, who want to take the 1%
increase and use it for a certain
purpose, and to handle this matter in
two parts to get around the 2/3 vote
strikes him as something less than a
direct way of approaching this
situation.
As a second issue, Council Member
Strauss stated that he does not agree
with the idea that the City should
subsidize any industry, including the
hotel industry, and it seems to him that
the City Council is bouncing away from
the free enterprise business and into
the subsidy business, which he does not
support and will oppose in principle.
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Council Member Agee stated that the City
Council has made a conscientious effort
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over the years to keep hotels limited in
number, including limiting the size of
conference rooms, etc. He feels the
Volume 40 - Page 102
COUNCIL MEMBERS
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ROLL March 24, 1986
MINUTES
1W61W14
Council has a commitment to try and make UniformTOTx
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the industry successful and look to all
options available to successfully fill
those hotels. He also feels the Council
should select the less "cumbersome"
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option and have this issue decided by a
majority vote of the Council rather than
2/3 of the electorate.
Council Member Heather stated that she
"echoed" Council Member Agee °s remarks.
She also felt the Arts Commission made a
good point in their letter of request
for 25% of the proposed 1% increase.
Chip Stuckmeyer, President, Newport
Beach Conference and Visitors Bureau,
addressed the Council and stated that he
was speaking for the hospitality
industry of Newport Beach, which
includes restaurants, shops and also
hotels. The hotels are not asking for
the money. The hotels are willing to
tax themselves to help promote the City
of Newport Beach. With regard to the
request by the Arts Commission, the
funding to attract visitors to spend
money in the City vs. funding to enhance
art in the City are two different issues
which he has not been able to discuss
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with his board as yet.
Deborah Polonsky, Member of the Arts
Commission and Chairman of Art in Public
Places, addressed the Council and stated
that Newport Beach is a wonderful place
in which to live and a beautiful place
to visit. However, a resource that is
missing is public art. Art in Public
Places wants to expand art from the
museum to the City streets. They are
requesting 25% of the proposed 1%
increase be designated for Art in Public
Places because they believe that their
objectives and those of the Conference
and Visitors Bureau are complimentary.
The Arts Commission promotes sculptural
services for the enrichment and pleasure
of residents and visitors, and the
Conference and Visitors Bureau promotes
Newport Beach as a desirable location
for visitors and conferences. More
visitors would create a need for more
cultural attractions and more cultural
attractions bring more visitors.
Together they could work to enhance the
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economic vitality of Newport Beach.
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Volume 40 - Page 103
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\CALROLL March 24, 1986
MINUTES
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M tion
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Following further discussion among the
Ayes
Council, motion was made to introduce
and pass to second reading on April 14,
1986, proposed ORDINANCE NO. 86 -5,
being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING CHAPTER 3.16 OF THE
NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO UNIFORM TRANSIENT
OCCUPANCY TAX.
H. ORDINANCES FOR ADOPTION:
None.
I. CONTINUED BUSINESS:
1. Report from the Tidelands Affairs
Harbor Perm
Committee regarding HARBOR PERMIT
#256 -504
APPLICATION #256 -504 by Robert Teller
(51)
and Byron Stiegemeyer, was presented.
Report from the Marine Department, dated
February 24, 1986, was presented.
It was noted that this application was
referred to the Tidelands Affairs
Committee by the City Council on
February 24, 1986. On March 7, 1986,
the Tidelands Affairs Committee met with
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one of the applicants,•Byron Steigemeyer
and his representative Mitch Brown, at
which time the project was discussed in
detail. The applicant has indicated the
purpose of the building on the docks is
to carry out the upland architectural
theme from the land side to the docks
for an overall blending. The Balboa
Island Improvement Association voted 9
to 3 in favor of the building on the
docks, with 3 abstentions.
With regard to the existing pier and
floats, which are in desperate need of
repair, it was pointed out that the
applicant is proposing a total
demolition of the deteriorated structure
and a complete rebuilding.
Motion
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Following consideration, motion was made
All Ayes
to approve the application to revise the
commercial pier and float bayward of 504
South Bay Front, subject to the
conditions of approval listed in the
staff report.
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2. Report from the Executive Assistant to
Arts Cmsn/
the City Manager regarding R. BRET PRICE
Metalphor
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SCULPTURE "METALPHOR,1° was presented.
(24)
Volume 40 - Page 104
COUNCIL MEMBERS
co d'� o ti v
�c� gap ��� `���,
plop 0. ®p Gad' ��P �P March 24, 1986
MINUTES
It was noted that the Arts Commission is
Arts Cmsn/
•
recommending that the sculpture be
Metalphor
placed in front of City Hall near the
location of the existing structure,
which commemorates the Nation's 200th
•
Anniversary. The Arts Commission
further recommends that the
commemorative sculpture be removed and
relocated to the garden area opposite
the entrance to the planning building.
It was also pointed out that the staff's
recommendation is to place the sculpture
at a location near 32nd Street, as both
" Metalphor" and the commemorative
sculpture are heavy and difficult to
move. The front lawn location will
require heavy equipment on the recently
landscaped area necessitating expensive
repairs. In addition, the City does not
have the capability of relocating the
existing commemorative sculpture, and an
outside contractor will be necessary.
Council Member Agee spoke in favor of
the Arts Commission recommendation.
Mayor Pro Tem. Plummer indicated she was
not in support of either recommendation,
and expressed her desire to place the
sculpture near the entrance of City
•
Hall. She also suggested this item be
referred back to the staff and Arts
Commission to come up with a more
suitable plan.
Patti -Gene Sampson, Chairman of the Arts
Commission, addressed the Council and
introduced Bret Price, Sculptor of
" Metalphor."
Mr. Price addressed the Council and
stated that the map attached to the
staff report does not accurately reflect
exactly where the sculpture will be
located. It is proposed that
" Metalphor" be placed towards the front
of City Hall and closer to the main
sidewalk going into the building. The
sculpture is a 19 -foot -long I -beam,
which is 9h feet tall and weighs
approximately 1200 lbs. He suggested a
forklift be used in its delivery.
M ion
x
Following discussion, motion was made to
Ayes
concur in the recommendation of the Arts
Commission.
Volume 40 - Page 105
MINUTES
iiM0:614
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3. Letter from Gilsand Company regarding
scheduling an earlier hearing date for
Cannery Vlg/
Property
the Cannery Village lots, was presented.
Acquired
(73)
The City Clerk advised that after the
•
agenda was printed, a letter was
received from Ben Jackson, Attorney for
the Gilsand Company, to City Attorney
Robert Burnham, dated March 21, 1986,
regarding Eminent Domain Proceedings for
411 -413 30th Street.
It was noted by staff that this item was
scheduled for continued public hearing
on April 28, 1986, and the letter from
the Gilsand Company is requesting that
the hearing be scheduled for April 14,
1986.
Ben Jackson, Attorney for the Gilsand
Company, addressed the Council and
discussed some of his concerns, as set
forth in his letter to the City
Attorney. He stated that the Gilsand
Company is ready to proceed and it makes
it very difficult when the project is
continually delayed. They are in a
waiting period right now and nothing is
occurring. What they are asking is
that, as soon as possible, the City
•
Council make a decision and let them
out of the suspense. It is their strong
desire that the project approved by the
City Council in November, 1985, be
allowed to develop.
Motion
x
Council Member Hart stated that this
project was given Council approval
approximately five months ago, and she
felt it had "dragged" on long enough,
and therefore, moved to allow the
Gilsand Company to proceed with their
project.
Council Member Cox stated that he
concurred in Council Member Hart's
remarks. He also felt there was a lack
of community support and cooperation in
terms of getting to the goal of dealing
with the parking issue that once was the
goal of the community several years ago
when this was first initiated. He felt
the Council should negate the
condemnation proceedings and let the
•
Gilsand Company proceed.
Volume 40 - Page 106
COUNCIL MEMBERS
c s o s s v
ROLL CAL G�`r ZAP March 24, 1986
MINUTES
r
Council Member Strauss stated that he
Cannery
shared the views of Council Members Cox
Village/
•
and Hart, as he too felt that getting
Property
into the condemnation proceedings was
Acquired
not particularly appropriate, and
•
therefore, would be pleased to see the
issue terminated.
Council Member Agee stated that he was
surprised to hear a "change of heart" so
rapidly from some Council Members. He
stated that this recommendation for
parking came out of the Off- Street
Parking Committee's efforts, and as
everyone knows, has been a very
difficult issue to deal with over the
years. He would hope, for the
Committee's sake, that the Council would
have the courtesy to wait this out until
the hearing on April 28, and if there is
no alternative to consider at that time,
he is prepared to make a decision on
this issue so that the Gilsand Company
will know where they stand.
Mayor Pro Tem Plummer stated that she
felt it would be very premature to drop
the condemnation proceedings at this
time from the standpoint that the
initial contact was made by the
Assistance League to expand their
•
parking because they wanted to expand
their dental clinic service, and if the
alternative the Council is considering
is going to be the answer, then the
Assistance League will be the
beneficiary; however, if it doesn't
materialize and there is no plan to
provide parking, then not only will the
City be the loser, but also the
Assistance League. She felt that until
the City Council has more information
about the alternative plan, they should
not stop everything and proceed with the
hearing on April 28.
In response to Council Member Cox's
inquiry into the so- called "alternative
plan," the Planning Director stated that
when difficulties started to occur
regarding the Gilsand properties, and
acquisition of the Assistance League
lots, there was another property owner
in the Cannery Village area that came
forward to indicate that they had an
interest in perhaps working out an
•
arrangement with the City in the event
the Assistance League / Gilsand lots were
not to be considered any longer. It is
•
a different group of lots in close
proximity to the subject lots.
Volume 40 - Page 107
COUNCIL MEMBERS
c+ J o 2i S ti 9
O� 9,g CG3 9G9 q,QA tn�,� CAF
ROLL CAL G�`P March 24, 1986
MINUTES
iTO
Ayes
x
x
x
Following further comments, the motion
X
x
x
x
to allow the Gilsand Company to proceed
at this time was voted on and FAILED.
ion
x
In view of the foregoing, motion was
Ayes
made to deny the request to reschedule
the hearing for April 14, rather than
April 28 as scheduled.
J. CURRENT BUSINESS:
1. Verbal presentation was made by Npt 2000/
Representatives of Newport 2000, Organz
concerning survey results from Newport (61)
Beach homeowners.
Louis Scott, 2561 Circle Drive,
representing Newport 2000, addressed the
Council and stated that the purpose of
their slide presentation was to present
highlights from a survey of residents
which was conducted under the
sponsorship of Newport 2000. The survey
was done in the Fall of 1985 and
January, 1986. Their purpose was to
examine homeowner attitudes on a number
of issues important to the community,
which are:
Airport Expansion
Traffic and Parking
•
Quality of Bay Water
Police and Fire Protection
Redevelopment and Zoning
Industrial and Commercial
Development
Overall Quality of Life
City Council
Mr. Scott stated that his background is
marketing and that he was personally
involved in conducting the survey which
was completed in a very professional
manner. The survey was sent to 1,219
randomly chosen Newport Beach homes, and
12.2 percent of the people sampled
responded.
The Council viewed the results of the
survey, and in concluding the
presentation, Mr. Scott advised that
they have prepared a proposed traffic
management initiative ordinance to amend
the City's general plan and will be
filing the document with the City Clerk
tomorrow morning. The purpose of the
initiative is to prevent further
build -up of traffic congestion in the
•
City and puts a "lid" on significant
Volume 40 - Page 108
• 1 �/� FvT , }`4� � µ 4•{ .'4 M �, N'k L. �a El
3.
COUNCIL MEMBERS
March 24, 1986 -o o
R[1 A
Q r
MINUTES
new, large -scale development until the
Npt 2000/
roadways and intersections in the City
Organiz
are adequate to accommodate the
increased load generated by the
development. They are prepared to take
•
the initiative to the voters and place
it on the November ballot.
Council Member Cox stated that he knows
Mr. Scott as they both are in the same
business, and is shocked that Mr. Scott
would lend his name to such a "sham."
He stated that apparently Newport Beach
politics is coming back to the dirty
tricks days of what occurred some years
ago. He, in all of his experience and
profession, has never seen such a
proposal which is supposedly called a
"survey," and feels the document is a
fund - raising document, rather than a
survey. He pointed out that the
document has a cover letter attached to
the questionnaire, which addresses
"fellow homeowners" cites examples of
ineptness of the City Councils failure
of the City Councils high -rise in Corona
del Mar, etc.; and in conclusion asks
for money to be contributed to their
committee. He stated it was obvious the
document is not a survey and would hope
the City Council will not allow itself
to be "duped0° by such political
maneuvering. It is also obvious this
presentation was for the benefit of the
news media and he would hope the news
reporters get their facts correct before
printing anything as erroneous as this
document. This document is from a
political action committee which has its
own intent and desires, of which he has
no quarrel with, but to try and get the
City Council to believe that the results
of the survey represents the opinions of
the residents of Newport Beach is
absolutely wrong.
There were no additional comments from
the Council and no action was taken.
2. Report from Executive Assistant to the
Trolley
City Manager regarding proposal and
Service/
contract for Trolley Service, was
CSS Venture
presented.
C -2561
(38)
Letter from The Irvine Company
expressing an interest in participating
in the City's experimental trolley
•
program, was presented.
Volume 40 - Page 109
�. ;fir` -.j
COUNCIL MEMBERS
C s s s v
0'f' 9.V6 CG�i qG.p ��A FAA CF`(�
Rnj g ,eg ss ��' �� $�'P March 24, 1986
MINUTES
v
The City Manager referred to Page 3 of
Trolley
the staff report and noted that
Service/
commitments for Interior Ads have been
C&S Venture
revised to 15 for $15,000 and the
projected subsidy is, therefore,
.
decreased to $88,370 based on revenues
as set forth in the report.
Council Members Agee, Plummer and
Heather spoke in support of the proposed
Trolley Service.
Mayor Maurer stated that he was in favor
of the proposal; however, he did not
like the proposed route and did not
think the trolley should go out onto the
Peninsula because of the traffic and
turn- around time. He suggested the
route be from Corona del Mar to Lido
Village and City Hall, via Bayside
Drive, but not onto the Peninsula
itself.
Council Member Strauss stated he will
support the Trolley Service; however, he
does not want to see the Peninsula
excluded from the route.
Council Member Agee summarized the route
proposed for the Trolley, noting it is
to begin in the extreme end of Corona
del Mara with stops at Oasis, the Corona
del Mar Business District, Newport
Center, entrance to Balboa Island,
Mariners Mile area, Lido Village /Cannery
Village /City Hall area, and turning
around in the Balboa area.
Council Member Hart suggested the staff
look into including a stop near Corona
del Mar State Beach, as well as possibly
Ford Aeronutronics and Hughes for
morning and evening stops.
Council Member Cox suggested staff
investigate the possibility of including
the residential areas in Harbor View
Hills and in Council Member Heather's
District.
Council Member Agee made note of the
suggestions, indicating they would all
be given consideration by the Off- Street
Parking Committee.
s
Volume 40 - Page 110
�o¢
on
Ayes
•
•
MEMBERS
March 24, 1986
x
There being no further comments, motion
was made to approve the Operating
Agreement for Trolley Service, and
direct the City Manager to make
provisions in the 1986 -87 Budget for
such service.
K. ADDITIONAL BUSINESS:
None.
Meeting adjourned at 10:25 p.m.
MINUTES
Volume 40 - Page 111
Trolley
Service/
C &S Venture