Loading...
HomeMy WebLinkAbout04/28/1986 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES \CALREGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. ROLL DATE: April 28, 1986 INDEX Proclamation was presented to CDR. D. Howard Williams, recognizing the contributions of the Balboa Power Squadron and U.S.C.G. Auxiliary and proclaiming National Safe Boating Week- -June 1st through June 7th. P (ant x x x x x x A. ROLL CALL. Absent x Motion x B. The reading of the Minutes of the All Ayes Meeting of April 14, 1986, was waived, approved as written, and ordered filed. Motion x C. The reading in full of all ordinances All Ayes and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Maurer opened the continued public Cannery hearing regarding CANNERY VILLAGE LOTS. Village/ Property Reports regarding Cannery Village Lots, Acquired from January 27 to February 24, 1986, (73) were presented. Ben Jackson, Attorney representing the Gilsand Company, addressed the Council and stated that his client is still in • escrow for the purchase of 411 -413 30th Street and wished to go forward with the construction of improvements on said properties as approved by the City Council last year, if the property is not going to be condemned. Sharon Haire, representing Txomin N.V., owner of 411 -413 30th Street, addressed the Council and concurred in the remarks of Mr. Jackson. Cynthia Garrett, Attorney representing the Assistance League, addressed the Council and stated that the League wishes to continue negotiations with the City, but have not had any communication since their proposal to the City in February. Motion x Following comments by Council Member All Ayes Agee, motion was made to disallow resolution to condemn real property. 2. Mayor Maurer opened the public hearing regarding: GENERAL PLAN AMENDMENT 86 -1(A) - Request GPA 86 -1(A) to amend the Land Use Element of the (45) Newport Beach General Plan, changing the Volume 40 - Page 133 COUNCIL CIO try A t 99 G� ROLL CAL • • 9 CITY OF NEWPORT BEACH MEMBERS %1 ti ti 9 !G 'Vel 9� �9S CAF April 28, 1986 MINUTES WO Lt td to ;e LE LS " -e tal ter A I )S. aas at d#8 (A) /LUP PCA 629 (94) designation for the CANNERY VILLAGE A] from a mixture of "Recreational and Marine Commercial" and "General Industry" uses to "Recreational and Marine Commercial" uses on the bayfroi sites, "Retail and Service Commercial' uses in the area northerly of 29th Street between Newport Boulevard and Villa Way, and a mixture of "Retail at Service Commercial" and "General Industry" uses for the remainder of t] area. It is further proposed to chan] the designation for the MCFADDEN SQUAT AREA from "Recreational and Marine Commercial " to "Retail and Service Commercial " uses. Those existing aret designated for "Two- Family Residentia: and "Multi- Family Residential" uses ai to remain unchanged. Amendments will also be required to the Land Use Plan maps. Approval of an Environmental Document is also required; and AMENDMENT NO. 8(A) to the City of Newport Beach Certified Local Coastal Program, Land Use Plan - Request to amend the Local Coastal Program, Land Use Plan, changing the designation of the nonbayfront sites from "Recreatioi and Marine Commercial" to "Retail and Service Commercial" uses. It is furt] proposed to change the designation foi the MCFADDEN SQUARE AREA from "Recreational and Marine Commercial" I "Retail and Service Commercial" uses. Those existing areas designated for "Two - Family Residential" and "Multi - Family Residential" uses are t' remain unchanged. Amendments will aL be required to Land Use Plan Maps Nos 3, 8, and 9; and PLANNING COMMISSION AMENDMENT N0. 629 (ORDINANCE NO. 86 -7) - Request to consider amending Title 20 of the Newport Beach Municipal Code, adding Chapter 20.63, the CANNERY VILLAGE / MCFADDEN SQUARE SPECIFIC AREA PLAN, and amending DISTRICTING MAPS N 3, 8, and 9, deleting the existing zoning districts and adding the S -P designation. Report from the Planning Department, presented. Council Member Heather entered the meeting this time. Volume 40 - Page 134 MINUTES WO Lt td to ;e LE LS " -e tal ter A I )S. aas at d#8 (A) /LUP PCA 629 (94) CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL 9G�d'�9 April 28, 1986 MINUTES �, s, Bob Lenard, Advance Planning GPA 86 -1(A) Administrator, summarized the staff Cannery report, noting in conclusion, that the Village Planning Commission held public hearings on the aforementioned items in February • and March 1986, and have recommended approval of same to the City Council. Chris Gustin, Senior Planner, described the details of the Draft Specific Area Plan as enumerated in the staff report. Pete Rosi, representing owner of Crab Cooker Restaurant, 2200 Newport Boulevard, addressed the Council and stated that they are in support of the General Plan Amendment, but are concerned with the proposed Newport /Balboa Realignment (referred to as "mixmaster "). Robert Kroenert, 119 Via Zurich, addressed the Council and stated that his major concern was traffic. He has read the EIR, as well as the staff reports and has found some inconsistencies, and therefore, is not clear as to what is being recommended for approval. • In response to Mr. Kroenert °s remarks regarding the widening and restriping of Newport Boulevard, the staff advised that the EIR before the City Council at this time is correct and reflects changes made during the public hearing process before the Planning Commission. In response to Council request, the staff described the Assessment District process proposed to be used for a majority of the improvement projects in Cannery Village /McFadden Square areas, and answered questions of the Council. Bill Palmer, 205 Via San Remo, President of Lido Isle Community Association, addressed the Council and stated that they have "strong" reservations about the Draft Specific Area Plan and feel that the Cannery Village area needs serious "re— thinking." They have three basic objections which are: 1) Parking and traffic; 2) Increased pedestrian traffic (buses, litter, etc.); and 3) Change in character of Cannery Village area. They do not want the Cannery Village area made into a parking mall with promenades, boutique shops, hotels, etc. Volume 40 — Page 135 CITY OF NEWPORT BEACH COUNCIL MEMBERS S �9 � yF 9 v c� F April 28, 1986 C0 kp ROLL MINUTES IG`l:OW1 Joe Rosener, 125 Via Venezia, addressed GPA 86 -1(A) the Council and questioned staff Cannery regarding the Land Use Summary set forth Village on Page 29 of the EIR, which deals with existing development, existing zoning, • development under the Specific Area Plan, and estimated trend growth. He also expressed his desire to preserve public views and public visual open space where possible, and stated that he would hope that the City Council would not apply the same concept of approval to the Cannery Village area as it did to the Rosan project on Coast Highway which, in his opinion, was very inappropriate. Bruce Blackman, 108 Via Palermo, addressed the Council and stated that he has been a retail jeweler in Lido Village since 1959. He discussed the number of "turnovers" in businesses in the Lido Village in the past years, and questioned the need for an additional retail area in Cannery Village, He also pointed out that the parking structure in Lido Village is never full except during the time of boat shows. He also felt that if a business is to be successful in the subject area, it • should provide a service. Judy Rosener, 125 Via Venezia, addressed the Council and stated that she served on the Coastal Commission for eight years and feels she understands the changes that have taken place in the City which, in her opinion, has shifted from a resort community to a commercial center. She stated that the reason the Coastal Commission was formed was that there was a feeling on the part of many citizens that local governments were more concerned with putting up offices and generating revenue than they were about preserving views in resort communities and marine resources. The purpose of the Local Coastal Program is to assure that marine- oriented communities, such as Newport Beach, would protect and maintain coastal resources, rather than selling to the highest bidder. She expressed her opposition to the proposed change in land use designation for the Cannery Village area, indicating she felt the City did not need any additional office areas. Volume 40 - Page 136 CITY OF NEWPORT BEACH COUNCIL MEMBERS c \<MP 9 f G 9� c�F Z ROLL CAL ` % �� April 28, 1986 MINUTES fR1T3 In response to Council Member Agee GPA 86 -1(A) regarding the EIR, Mrs. Rosener Cannery indicated she does not take the figures Village noted in the document seriously because for the past 25 years, she has heard the "same thing." She stated she has not read the subject document because it changes every twenty minutes, and because her concern is a general philosophy. Joe Sims, 200 Via Lorca, addressed the Council and stated that he owns property in the Cannery Village area and feels it is an eyesore and needs some cleaning up such as underground utilities, street improvements, etc. Tom Orlando, representing West Newport Beach Homeowners Association, addressed the Council and stated that they are in support of the General Plan Amendment, but are concerned over the funding of the parking structure, and do not feel City funds should be used for this purpose. William Blurock, 1344 W. Bay, member of the McFadden Square Community Association, addressed the Council and • stated that they are behind the General Plan Amendment, but do have some concerns which they outlined in their letter to the Planning staff, dated April 2, 1986. Curt Herberts, resident, addressed the Council and stated that the City already has too much traffic and that it has become an "anthill." He felt that the Newport /Balboa Boulevard realignment and the widening of the Arches Bridge should be top priority in order to better circulate traffic on the Peninsula. Tom Pendall, immediate past President of Balboa Peninsula Point Association, addressed the Council and discussed the traffic problems on the Peninsula, indicating he felt there was a definite pedestrian traffic problem in the area of the "mixmaster," particularly at night. He also felt that when there are three northbound lanes on Newport Boulevard at the Arches Bridge, it will alleviate the bottleneck at the • intersection of Newport Boulevard and entrance to Lido Isle. Volume 40 — Page 137 CITY OF NEWPORT BEACH COUNCIL MEMBERS \rALROLL April 28, 1986 T7WWR Hearing no others wishing to address the GPA 86 -1(A) Council, the public hearing was closed. Cannery Village Council Member Strauss noted that it took the Planning Commission three meetings to consider the items under consideration, and also, inasmuch as the City Council is without the benefit of the Planning Commission minutes of those hearings, he felt it would be premature to act on this prior to the next meeting. Discussion ensued, wherein the staff answered questions of the Council regarding transfer of tax credits, residential property in the Cannery Village area, and the configuration of the "mixmaster.11 Council Member Hart expressed some of her concerns, indicating she would hope that the staff will work with the Dory Fleet in keeping with what the Historical designation is for that area. She also felt that the Rosan project is larger than anticipated because the City does not calculate parking into the total square footage, and therefore, felt this was an item staff should look into. She also felt there should be more incentives for Marine Use than just building densities. In conclusion, she felt that when referring to the 26 to 35 foot height limit, and considering a specific area plan such as this one, the maximum of 35 feet should be "just that" and not 40 feet in reality. Discussion ensued between Council Members Hart and Agee regarding the City's interpretation of height limits. In response to Council Member Plummer, the Planning Director stated that there is no specific location for a parking structure in the Cannery Village or McFadden Square area. However, there are one or two alternative sites in the Cannery Village area which might be considered at a future time. Council Member Plummer stated that she was not opposed to a parking structure for the McFadden Square area. However, • she did feel that the land where the parking now exists is too valuable to be used for parking and should be developed into a recreational area similar to Main Beach in Laguna Beach. Volume 40 - Page 138 CITY OF NEWPORT BEACH COUNCIL MEMBERS, co s, \115\p s s V � 9q 5� ROLL CAL �cr y�9 April 28, 1986 MINUTES ,I1 It was noted by the City Manager that if GPA 86 -1(A) the City Council takes action on the Cannery subject ordinance, one of the first Village tasks that should be done following Coastal Commission approval, is to come • back with an implementation plan as soon as is practical. Motion x Following further discussion, motion was made to adopt Resolution No. 86 -26, Res 86 -26 adopting GENERAL PLAN AMENDMENT 86 -1(A), an amendment to the Land Use Element of the General Plan as it pertains to the Cannery Village /McFadden Square area, and the acceptance of an Envirommntal Document; and adopt Resolution No. Res 86 -27 86 -27, approving AMENDMENT NO. 8 to the City of Newport Beach's Local Coastal Program Land Use Plan and Districting Maps Nos. 3, 8, and 9, in conjunction with the approval and adoption of the Cannery Village /McFadden Square Specific Area Plan; and adopt Ordinance No. 86 -7, Ord 86 -7 amending Title 20 of the Newport Beach Municipal Code, adding Chapter 20.63, the Cannery Village /McFadden Square Specific Area Plan; and amend Districting Maps Nos. 3, 8, and 9, deleting the existing zoning districts and adding the S -P designation. ion x Council Member Plummer indicated that all of her concerns have not been satisfied, and therefore, made a substitute, motion to continue this item to May 12. Council Members Strauss and Hart indicated they would support the motion for continuance. Ayes x x x Following comments by Council Member Cox Noes x x x x in opposition to the substitute motion, said motion was voted on and FAILED. Motion x In view of the foregoing, a substitute motion was made by Council Member Strauss to approve the following items for the McFadden Square Area, and to continue the balance of the items for consideration on May 12: ° Restroom Relocation ° Newport /Balboa Realignment ° McFadden Promenade ° Streetscape ° Restripe Newport Boulevard Ayes x x The above motion was voted on and Noes x x x x x FAILED. Volume 40 - Page 139 CITY OF NEWPORT BEACH COUNCIL MEMBERS s 9\f\��p F 1986 April 28, � ROLL PITMIP Council Member Strauss, in speaking to GPA 86 -1(A) the motion now on the floor by Council Cannery Member Agee, stated that as noted by Village those who spoke earlier, Lido Marina Village has gone downhill as far as an • area for good retail business. In his opinion, Cannery Village is also not an area for retail business and, therefore, it does not make sense to him to change the land use designation. In addition, traffic is a major concern to the residents and business owners who reside on Lido Isle. As far as shopping, there is Newport Center and South Coast Plaza, and therefore, there is no need for additional retail businesses in this area. He urged the City Council to consider the magnitude of this proposal before taking any action. In conclusion, he suggested the City Council straw -vote the proposed projects as did the Planning Commission. Council Member Cox spoke in opposition to Council Member Strauss °s comments and stated that, in his opinion, the proposal under consideration is only a guideline as to how to approach the Cannery Village /McFadden Square area. x x x x x x There being no further comments, the N x motion on the floor was voted on and carried. 3. Public hearing regarding ORDINANCE NO. Ord 86 -8 86 -8, being, Zoning (94) AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20.87.090 OF THE NEWPORT BEACH MUNICIPAL CODE AS IT PERTAINS TO THE DEFINITION OF THE TERM 11BUILDING SITE° AND PROVISIONS FOR WAIVER OF COMBINING REQUIREMENTS WHERE EXISTING OR NEW BUILDINGS ARE PLANNED TO CROSS EXISTING PROPERTY LINES, AND THE ACCEPTANCE OF AN ENVIRONMENTAL DOCUMENT (PLANNING COMMISSION PCA 633 AMENDMENT NO. 633). Report from the Planning Department was presented. The City Manager summarized the staff report, noting that the proposed amendment will clarify language in • Section 20.87.090B of the Newport Beach Municipal Code regarding the waiver of combining (parcel map) requirements. Since Ordinance No. 1723 (Amendment No. 489), that enacted the waiver of the Volume 40 - Page 140 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL Gds April 28, 1986 MINUTES lalf] combining requirement was adopted in Ord 86 -8 1977, the Planning Commission has Zoning approved said waiver on four occasions. PCA 633 Three of the requests involved the remodel of existing structures, and the • fourth request was for a new building to be constructed over common property lines on three lots. Six members of the Planning Commission made the determination that the.rewording of Section 20.87.090B of the Municipal Code was an improvement and clarification of existing language, as well as a reflection of the way this section has historically been used and interpreted. In response to Council inquiry, the Planning Director stated that there is a project currently pending before the Planning Commission where there has been a request for a waiver of the parcel map. He stated that to the best of his knowledge whether or not this amendment is approved by the City Council, it has no bearing as to what the Planning Commission might ultimately do with respect to that particular application. Lowell Martindale, Attorney, 610 Newport Center Drive, addressed the Council and • stated that he represents the Vallely family trust, which owns five lots that are part of the Balboa Landing project just referred to by the Planning Director. There are a total of twelve lots in the tract to which improvements are proposed to be constructed. Ordinance No. 86 -8 was proposed as a result from consideration of the application of Balboa Landing for improvements. They disagree with the staff in that the ordinance amendment is a nominal administrative change. What they object to in the ordinance is the failure of the ordinance to address any of the standards which would guide the staff and the Planning Commission in the application of the ordinance. He requested that the City Council reconsider the ordinance, and if they feel it is necessary, direct the staff and Planning Commission to define what circumstances should be appropriate to grant such a waiver and what protections would be required. • In response to inquiry of Mayor Maurer, Mr. Martindale stated that if the ordinance is adopted, the rights of the Vallely°s would be infringed upon. Volume 40 - Page 141 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL April 28, 1986 MINUTES Pf`WW 1 The Planning Director pointed out again that the adoption of the proposed ordinance and the Balboa Landing project are two distinct separate issues, and that the ordinance only clarifies some • existing language that has been on the books for the last 10 years. Discussion ensued wherein the City Attorney stated that the proposed ordinance should not be analyzed with the Balboa Landing project, or any other project in mind. He also felt that the concerns expressed by Mr. Martindale are addressed in the ordinance. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Following additional consideration and All Ayes comments, motion was made to adopt Ordinance No. 86 -8. The City Manager informed Mr. Martindale that if he felt the ordinance ought to be further changed to reflect additional conditions, such changes should be submitted to the City Council so that they can be considered by the Planning • Commission. 4. Mayor Maurer opened the public hearing regarding: AMENDMENT NO. 631 - A request of the FCA 631 DONALD L. BREN COMPANY, Newport Beach, (94) to amend portions of the NORTH FORD PLANNED COMMUNITY STANDARDS FOR RESIDENTIAL AREA 5, so as to delete provisions for shared driveways on substandard lots; increase the minimum lot size from 2,400 sq. ft. to 3,000 sq. ft.; establish a minimum average lot width of 55 feet; revise the garage setback requirements; establish permitted locations for guest parking; and increase the maximum height for open trellis and beam construction within the required side yard setbacks from eight feet to nine feet; and TENTATIVE 14AP OF TRACT NO. 12271 TMpTr 12271 (REVISED) - A request of the DONALD L. BREN COMPANY, Newport Beach, to revise a previously- approved Tentative Map of Tract No. 12271 so as to subdivide 26.4 acres of land into 159 numbered lots for detached single- family residential development; one lettered lot for private recreational purposes; and eight lettered lots for private open space and Volume 40 - Page 142 CITY OF NEWPORT BEACH COUNCIL MEMBERS 0 s� 9 i 9 'v P CA F April 28, 1986 ROLL MINUTES TITBTZP landscaped purposes. The revised Tentative Map also includes an exception to the Subdivision Code so as to allow the creation of lots less than 5,000 sq. ft. in area and less than 80 feet in • depth. Property located on portions of Blocks 51 and 57 of Irvine's Subdivision, generally bounded by MacArthur Boulevard, Bison Avenue, Camelback Street, Jamboree Road and University Drive (Extended); commonly known as AREA 5 of the NORTH FORD PLANNED COMMUNITY. Report from the Planning Department was presented. Linda Lee, representing the Bren Company, addressed the Council and answered questions regarding the changes in the project. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to adopt Resolution No. Res 86 -28 All Ayes 86 -28, amending the North Ford Planned Community Development Standards as recommended by the Planning Commission, and approve the Tentative Map of Tract • No. 12271 (Revised), with the Findings and subject to the Conditions by the Planning Commission. E. PUBLIC COMMENTS: 1. Robert Blake, Blake Properties, 1550 Old CdM Bayside Drive, Corona del Mar, addressed Inn the Council and stated that on April 10, the Planning Commission approved a condominium project directly in front of his property known as the Old Corona del Mar Inn, the oldest structure in Corona del Mar, and the oldest landmark in the City besides the Balboa Pavilion. He distributed copies of letters from Congressman Badham, Supervisor Riley, Sherman Library A Gardens, National History Foundation, etc., endorsing renovation of the Inn. He requested that the City Council call for an appeal hearing to review the subject issue. Following discussion among the Council, it was indicated this item would be brought up again under Additional . Business later in the meeting. Volume 40 - Page 143 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL Gds ��p F9 Z�9 April 28, 1986 MINUTES T� 9W1 . 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 May 12, 1986: (a) Proposed ORDINANCE NO. 86 -9, being, Ord 86 -9 CATV AN ORDINANCE OF THE CITY OF (42) NEWPORT BEACH AMENDING SECTION 5.44.160 (COMMUNITY ANTENNA TELEVISION) OF THE NEWPORT BEACH MUNICIPAL CODE. (Memorandum from the Executive Assistant to the City Manager) (b) Proposed ORDINANCE NO. 86 -10, Ord 86 -10 being, Utilities/ Water Rts AN ORDINANCE OF THE CITY OF (40/89) NEWPORT BEACH AMENDING SECTIONS 14.12.040 AND 14.12.090 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING PROCEDURES FOR ESTABLISHING WATER RATES AND CHARGES. (Report from the Utilities Director) • (c) Proposed ORDINANCE NO. 86 -11, Ord 86 -11 being, Planning/ Annexatn AN ORDINANCE OF THE CITY OF (68/21) NEWPORT BEACH ADDING SECTION 20.08 TO THE NEWPORT BEACH MUNICIPAL CODE AUTHORIZING THE REDEVELOPMENT OF AN AREA WITHIN ITS TERRITORIAL LIMITS BY THE COUNTY OF ORANGE (Report from Executive Assistant) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 86 -29 prohibiting Parking/ parking on the north side of West Prohibtn Coast Highway from Newport Res 86 -29 Boulevard to Superior Avenue. (63) (Report from Traffic Affairs Committee) (b) Resolution No. 86 -30 requiring Trfk /Stop vehicles to stop on the specified Res 86 -30 approaches to the intersections of (85) • Sandcastle Drive at Catamaran Drive and Seacrest Drive at Catamaran Drive. (Report from Traffic Affairs Committee) Volume 40 - Page 144 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALS� �0 3 Z S 9 9 �G� 9G,p ROLL Gd`r \VQ �� Z�9 April 28, 1986 MINUTES IN nF Y (c) Resolution No. 86 -31 declaring the Vacation City's intention to vacate the Res 86 -31 subject vehicular access rights to (90) the northerly side of Birch Street between MacArthur Boulevard and Von • Barman Avenue adjacent to the MacArthur Court Development; accepting a map; and setting May 27, 1986 as the date for the public hearing concerning the intended vacation. (Report from Public Works Department) 3. CONTRACTS/AGREEMENTS: (a) Award Contract No. 2555 to FAV Sdwlk /Crb/ Engineering for the total bid price Rdwy Pvmt of $36,405 for Sidewalk, Curb and Rplcm/ Roadway Pavement Replacement on Balboa Balboa Peninsula; and authorize the Peninsula Mayor and City Clerk to execute C -2555 said contract. (Report from Public (38) Works Department) (b) Award Contract No. 2398 to Balboa Gillespie Construction, Inc., for Prkg Lt the total bid price of $52,389 for Tckt Booth Balboa Parking Lot Ticket Booth; C -2398 and authorize the Mayor and City (38) Clerk to execute said contract. • (Report from Public Works Department) (c) Authorize the Mayor and City Clerk Bal B1 to execute an Amendment to an Widng/ existing Engineering Services 33 -44 Sts Agreement with Robert Bein, William C -2533 Frost & Associates for Widening (38) Balboa Boulevard between 33rd and 44th Streets (Contract No. 2533) to provide for inclusion of plans, specifications, and estimate for water and sewer improvements. (Report from Public Works Department) 4. COMMUNICATIONS - For referral as indicated: (a) Removed from the Consent Calendar. (b) To Planning Department for reply, Planning request from Philip Sansone, Jr., (68) for the City Council to reconsider its approval for Application 05 -86 -254 to the California Coastal • Commission and withdraw said application. Volume 40 - Page 145 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL Z�9 April 28, 1986 MINUTES uunry 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Copy of letter from Kent Welton to Judge Terrence J. Hatter, Jr., Federal District Court, protesting the John Wayne Airport Agreement. (b) California State Department of Industrial Relations, Division of Apprenticeship Standards notification of denial of bidding rights under Labor Code Section 1777.7. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Susan F. Bevirt alleging vehicle Bevirt towed away in error as no signs were posted at Balboa Boulevard, between A & B Streets on March 27, 1986. (b) Lillian Fluor seeking indemnity Fluor from claim filed by Dean MacCabe, who was injured while diving into ocean at Cameo Shores on April 22, • 1982. (c) James L. George alleging false George arrest, false imprisonment and intentional infliction of emotional distress at the time of the arrest and the subsequent incarceration at Hoag Hospital on January 2, 1986. (d) Roquin Gervot alleging personal Gervot injuries as a result of being rear -ended by Council Member on January 30, 1986, at Pacific Coast Highway, Laguna Beach. (e) John Hromadka alleging personal Hromadka injuries as a result of hitting construction rope which was lying in roadway and caused claimant to fall onto pavement at Bayside Drive near Jamboree Road on January 21, 1986. (f) Nationwide Insurance Company for Nationwide Robert Decker, insured, seeking Ins Co/ reimbursement, alleging insured's lDecker • vehicle backed into by City Refuse Truck at Old Newport Boulevard and Industrial Way on March 11, 1986. Volume 40 - Page 146 CITY OF NEWPORT BEACH COUNCIL MEMBERS F April 28, 1986 o ROLL \'PP 9 MINUTES `!k *0 For rejection: (g) LATE CLAIM OF - Eric Litscher Litscher alleging injuries sustained while riding bicycle was due to unsafe • conditions, etc., in bicycle lane in the 700 West block of Pacific Coast Highway on December 21, 1985. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Allstate Insurance Company on Allstate behalf of Dean & Marcella Phillips, Ins Co/ as a result of oil fire on August Phillips 2, 1985, Orange County Superior Court Case No. 48- 70 -17. Claim was denied by City Council on October 28, 1985. (b) Diana Lee Laddusaw for personal Laddusaw injuries, Orange County Superior Court Case No. 48- 34 -14. Claim was denied by City Council on January 13, 1986. (c) Linda Sue and Jerry Murray on Murray Amendment to Complaint, Orange County Superior Court Case No. • 482 -687. Claim was denied by City Council September 23, 1985. (d) SOUTHERN CALIFORNIA EDISON COMPANY So CA as a result of Oil Well Fire in Edison August, 1985, Orange County Municipal Court Case No. 76800. Claim was denied by City Council on October 15, 1985. 8. REQUEST TO FILL PERSONNEL VACANCIES: (66) (Report from the City Manager) (a) Approve two Police Officers, Patrol Division. (b) Approve one Police Clerk, Administrative Division. (c) Approve one Library Clerk III, Balboa Branch. (d) Approve one Library Clerk II, Balboa Branch. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Removed from the Consent Calendar. Volume 40 - Page 147 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL April 28, 1986 MINUTES rm»:4 (b) Memorandum from Arts Commission Arts Cmsn Chairman requesting transfer from (24) "Salute to the Arts" budget account for Art in Public Places funding. • 10. PUBLIC HEARING SCHEDULING - For May 12, 1986: (a) Application for Certificate of PD /Towing Convenience and Necessity for the (70) following: NEWPORT CENTER TOWING BONHAM TOWING 11. SPECIAL EVENT PERMITS - Uphold.staff's (65)Permits recommendation, subject to conditions listed in the reports from Business License Supervisor for the following: For approval: (a) Application #85 -509 - Ford Apl#85 -509 Aerospace 8 Communications for Annual "Spring Tune -Up Run" on May 3, 1986. (b) Application X186 -112 - Apl#86 -112 • Recreation Equipment, Inc., to conduct an on the water demonstration of canoes on the Bay Beach at 18th Street on May 11,1986. For denial: (c) Removed from the Consent Calendar. 12. Removed from the Consent Calendar. 13. Removed from the Consent Calendar. 14. CITY COUNCIL TRAVEL AND EXPENSE RECORD - Council Approve expense record of Council Member Expense Evelyn R. Hart for $439.20, while (33) attending OCS meeting in Sacramento on March 31, and April 1, 1986. 15. ENCROACHMENT AGREEMENT - For Permit construction of nonstandard improvements (65) (south side of San Joaquin Hills Road adjacent to the Avco Tower, Resubdivision No. 271, filed in Book 25, Page 14 of parcel Maps, Records of . Orange County, California), approve said encroachment agreement within the San Joaquin Hills southerly parkway; and authorize the Mayor and City Clerk to Volume 40 - Page 148 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL as April 28, 1986 G MINUTES IN®FX execute subject agreement and record with the Orange County Recorder. (Report from Public Works) • 16. Removed from the Consent Calendar. 17. BUDGET AMENDMENTS - For approval: (25) BA -080, $28,000 - Increase in Budget Appropriations and decrease in Unappropriated Surplus to provide for lighting at selected Balboa Peninsula Beach locations; General Fund. BA -081, $450 - Transfer in Budget Appropriations to provide for purchase of television to be used to show training films; Police - Administrative Fund. BA -082, $1,515 - Transfer in Budget Appropriations for special refuse collection on Balboa Island on June 14, 1986; General Services- Special Department Expense Fund. (Memorandum from General Services Director w /letter from Balboa Island Improvement Association) BA -083, $63,000 - Increase in Budget • Appropriations and decrease in Unappropriated Surplus for additional funds for construction of new roof on Mariners Library; Mariners Library Fund. (Report from Building Director) G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from the Tidelands Affairs Marine Dpt Committee recommending denial of (51) application by Harvey Pease to install a new dock and float on Balboa Island, was presented. . Motion x Motion was made to table this item. All Ayes 2. Report from License Supervisor, Permit recommending denial of Application Apl#86 -067 b86 -067 by World Professional Sailing to (65) use the oceanfront beach at the Balboa Pier as a checkpoint for their sailing marathon on July 29 and 30, 1986, was presented. n x Council Member Hart stated that after reading the staff report and the letter from the applicant, she felt this was an event that the City Council should support, and therefore, moved to approve the subject Special Events Permit. Volume 49 - Page 149 CITY OF NEWPORT BEACH COUNCIL MEMBERS \-o CAL ROLL S`S' �9 Fp April 28, 1986 MINUTES MOM i:. Mr. John Taylor, 5600 Naples Canal, Race Director for the Pacific 1000, addressed the Council and stated that the event has been structured under the supervision of the U.S. Coast Guard and • will be .conducted under Coast Guard permit authorization. He described the details of the event as set forth in his letter of April 12, 1986, and urged City Council approval. Ayes x x x x x x The motion was voted on and carried. Noes x 3. Report from Planning Department Planning/ regarding request of The Irvine Company, Tr 11949 Newport Beach, to use North Ford Park (68) Credits for Tract 11949, (Corona del Mar Seniors Project) was presented. In response to Council Member Hart, the City Manager advised that the park dedication in the North Ford area was a total of 12 acres. The dedication ordinance required 10 acres, and therefore, The Irvine Company has two acres of credit at $443,000 per acre based on the present in -lieu appraisal fee. If The Irvine Company takes .48 park credits there will still be .152 • credits on the North Ford parcel. Motion x Following discussion, motion was made to All Ayes approve the request of The Irvine Company as outlined in the staff report. 4. Report from the Tidelands Affairs lHarbor Committee recommending approval of Permit Commercial Harbor Permit Application, Apl /Bait (subject to conditions of approval) by Receiver Pamela Rose Bait Company to install a (51) commercial bait receiver barge in Newport Harbor, was presented. The City Clerk reported that after the agenda was printed, a telephone message was received from Roy Kunkle, objecting to the proposed bait receiver. Tom Allen, Attorney representing the applicant Pamela Rose, addressed the Council in support of the request and stated he was available for questions. ion x It was indicated that possibly not all property owners affected by the proposal were notified of this hearing, and therefore, motion was made to continue this item to May 12. Volume 40 - Page 150 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL GkP`p y�9 April 28, 1986 MINUTES I ITUOT>ri Donna Green,: resident of Bayside Drive Harbor Perm/ and William Von Henkle, 2221 Mesa Drive, Bait Receivr Santa Ana, addressed the Council in favor of the bait receiver. • Steve Greyshock, (no address given) addressed the Council and stated that he has been supplying bait for the last six years in Newport Beach, and it is his proposal that is being considered. He stated there are many people in support of the bait receiver and urged the Council to approve the request. Virginia Herberts, 2290 Channel Road, addressed the Council and spoke in opposition to the proposal, indicating she felt it could be very hazardous. Mr. Allen spoke again, stating that the bait receiver will be moored very securely and also insured in accordance with City requirements. David Harshbarger, Marine Director, addressed the Council and advised that the Balboa Peninsula Point Association, the Corona del Mar Civic Association, and the Breakers Drive Homeowners Association, were advised of this • meeting. However, the property owners on Ocean Boulevard were not notified, inasmuch as there is no homeowners association for that area, and it is outside the standard notification area of 300 foot radius. Motion x Following discussion, substitute motion All Ayes was made to approve the application for a one -year trial period, subject to the conditions outlined in the staff report. 5. Letter from Lido Park Mobile Home Park Planning/ Manager with copy of Amendment to Lido Prk Long -Term Lease dated February, 1986, MHPrk was presented. (68) Muriel Thomson, 17 Anza, Lido Park, addressed the Council and stated that residents of the park are very concerned with Clause No. 1 of the amendment to long -term lease. She stated that several weeks ago they came before the City Council regarding an interpretation of the subject paragraph to which the • City Attorney has not yet responded. Volume 40 - Page 151 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL s� 0 3 s ti v ROLL �`� �A April 28, 1986 MINUTES OTEn- The City Attorney stated that his office is currently looking into the provision of the lease referred to by Ms. Thomson in terms of its effect on the City and will have a response to the Council • within 10 days. Motion x In view of the foregoing, motion was All Ayes made to refer the subject letter to City Planning Department /City Clerk for inclusion in the records. 6. Report from Public Works regarding 15th /Wash REPLACE RESTROOM AT 15TH STREET AND Sts Restrm REFURBISH RESTROOM AT WASHINGTON STREET & Rfrbsh (CONTRACT 2550) recommending that all bide -2550 received on March 26, 1986 be rejected, (38) was presented. Peter S. Rodgers, 332 Prospect Avenue, addressed the Council and stated that he was the low bidder for the subject work and in view of the recommended postponement, he would be willing to wait until the fall to do the work and, therefore, he would not like to see the bids rejected. He stated that he is a resident and taxpayer of the City and feels that he is qualified to do the • work. He has made attempts to talk to staff regarding his qualifications, but he has not had a favorable response. The Public Works Director stated that on April 14, 1986 the staff had recommended to the City Council that a contract be awarded to Mr. Rodgers for the subject work; however, shortly before the Council meeting, the staff received information that caused them to recommend delaying the award until the low bidder's qualifications could be checked further. The staff has since pursued the investigation of those qualifications and have received substantial information from the Building Department. However, the Public Works Director did not feel it was necessary to mention the additional information in the staff report, inasmuch as the project was now going to be delayed until the fall, but if the Council requests it, a written report can be provided. Volume 40 - Page 152 CITY OF NEWPORT BEACH COUNCIL MEMBERS o d'9� S �\<� April 28, 1986 ROLL MINUTES II 11q►1W7 Motion x Following discussion, motion was made to All Ayes reject all bids received on March 26, 1986, for 15th St. Restroom Replacement /Washington St. Restroom Refurbishing (C -2550) and staff was • directed to carry over the project to FY 1986 -87. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: 1. Appointment to BICYCLE TRAILS CITIZENS 9T/CAC ADVISORY COMMITTEE VACANCY. Motion x Motion was made to confirm (District 2) All Ayes Mayor Pro Tem Plummer's appointment of Todd Schooler for term ending December 31, 1986. 2. BICYCLE TRAILS CITIZENS ADVISORY aT /CAC COMMITTEE VACANCY. Motion x Motion was made to defer to May 12, All Ayes 1986, (District 4) Council Member Heather's appointment to fill the unexpired term of Thomas M. Fish, ending December 31, 1986. • 3. Report from the Offstreet Parking arking/ Committee regarding Balboa Pier Parking Balboa Pier Lot was presented. (63) Council Member Agee, Chairman of the Offstreet Parking Committee, recommended that the City Council approve the proposed changes as set forth in the staff report. Charlie Bauman, President, Balboa Improvement Association, addressed the Council and stated that there are five different types of people impacted by the changes in fees for the parking lots, i.e., businesses, residents, visitors, old -time residents without garages, and fishing people. He felt that possibly more polls should have been conducted to get a better idea of what types of fees should be charged. Volume 40 - Page 153 CITY OF NEWPORT BEACH COUNCIL MEMBERS S X9 April 28, 1986 0 L � ROLL `J MINUTES ;nil47 Reference was made to the letter of the Parking/ Balboa Improvement Association dated Balboa Pier April 14, 1986, which recommends the following changes in the operation of • the lot: 1) All permits to be limited only to Newport Beach residents or employees of Newport Beach business concerns. 2) More clearly define overnight parking and limit those permits to a maximum of 5 days with a $60 fee charge. 3) No permits issued to campers or motor homes. 4) The maximum for winter parking should be $1.00 if the system is changed to pay as you enter. 5) Meter rates should remain at existing rates to benefit local merchants. 6) We urge additional parking feasibility studies as an • important part of the proposed specific area plan. Following discussion, the Council straw -voted the five documents recommended for approval as listed on the agenda, as follows. Motion x Council Member Hart suggested that All Ayes Section 1 of proposed ORDINANCE 110. 86 -12, be changed to read (in part): "No person shall park a vehicle in any parking lot, facility or area owned, maintained or operated by the City of Newport Beach without paying a fee if prescribed by City Council resolution or ........," and moved to approve such revision and introduce and pass to second reading on May 12, 1986, proposed Ord 86 -12 ORDINANCE NO. 86 -12, being, Parking/ Balboa Pier AN ORDINANCE OF THE CITY OF NEWPORT (63) BEACH AMENDING SECTION 12.12.050 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO OVERNIGHT PARKING IN • THE BALBOA MUNICIPAL PARKING LOT. Volume 40 - Page 154 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL �� April 28, 1986 MINUTES W_ A vl Council Member Hart moved to introduce and pass to second reading on May 12, 1986, proposed ORDINANCE NO. 86 -13, Ord 86 -13 being, Tow /Impnd Vehicles AN ORDINANCE AMENDING CHAPTER 10.52 Nuisances OF THE NEWPORT BEACH MUNICIPAL CODE (63) ESTABLISHING THE RIGHT TO TOW AND IMPOUND VEHICLES ABANDONED IN CITY PARKING LOTS. Proposed Resolution No. 86 -32 regarding permit use, fees, and time limits for overnight parking in the Balboa Pier Lot, was presented. Motion x Motion was made to disallow the subject resolution. The City Attorney advised that if the Council disallows the resolution now under consideration, it will have an impact upon Ordinance No. 86 -13 which, was just introduced. The ordinance talks in terms of different time limits, depending upon whether or not a vehicle has a permit authorizing overnight parking, and sets two different time limits for those vehicles. x x x The motion to disallow Resolution No. Noes x x x x 86 -32 was voted on and FAILED. Motion x In view of the foregoing action, motion es 86 -32 Ayes x x x x x was made to adopt Resolution No. 86 -32, Noes x which motion carried. Abstain x Proposed Resolution No. 86 -33 establishing fees in the Balboa Municipal Lot, was presented. Motion x Motion was made to adopt Resolution No. Res 86 -33 All Ayes 86 -33. Proposed Resolution establishing fees in the "A" Street and Balboa Metered Lots, was presented. Motion x Motion was made to disallow the above All Ayes resolution. Doug Cavanaugh, owner of Ruby's at Balboa Pier, addressed the Council and stated that his primary concern is the winter operation as recommended by the Offstreet Parking Committee, which is the "pay -as -you- enter" system, with a Volume 40 - Page 155 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES p April 28, 1986 ROLL ooaaeffm one -time fee of $3.00. He feels the fee YYV IV Om 0'Y of $3.00 is unfair for someone who only parks a short time, and does feel that the "pay -as- you - leave" operation is more equitable. M 0 n x Following discussion, motion was made Ayes x x x x x that the parking lot be manned 24 hours Noes x x per day beginning the first Saturday in May through the last Sunday in September at the recommended increased rate, with the "pay -as- you - leave" system and the fee as exists today be utilized the balance of the months, and that Resolution No. 86 -33 adopted in the foregoing be changed to reflect such change. Motion x Motion was made to ratify the foregoing All Ayes actions. 4. Letter dated March 18, 1986 from Newport Parking/ Center Medical Plaza Association, was Rpt Ctr presented. Kedical Plza (63) Council Member Heather advised that she had met with Dr. Barbara Jessen, and other doctors from Block 400, and the Traffic Engineer to discuss the parking problem at this location, and it was • suggested by the Traffic Engineer that this item be referred back to him for further review and recommendation. Dr. Barbara Jessen, 1401 Avocado Avenue, addressed the Council and stated that they are planning a patient and education center, as well as a major diagnostic center which they expect will attract patients from a wide area, and will, therefore, impact their need for adequate parking and easy access to the facility. Motion x Following discussion, motion was made to All Ayes refer this item to the Traffic Engineer, Planning Staff, and Council Member Heather for additional review and report back at a future time. 5. ARTS COMMISSION VACANCY: rte Cmsn Council Member Agee stated that he did not feel qualified to take action on this item, inasmuch as he had not received copies of the nominees` • applications in his agenda packet. o. Volume 40 - Page 156 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL9q �G 9Gp 9p� �9� c�F �`r Fp p Fp April 28, 1986 IlIni3t WQ Council Member Strauss commented that he has known Carl Neisser for 30 to 35 years and that he is very active in the • Arts. He is also a competent businessman and he feels he would make an excellent. Arts Commissioner. The method of voting was determined as follows: Green Margaret A. Bauman was assigned the green lights and Red x x x x x x Carl Neisser was assigned the red Abstain x light. Carl Neisser was appointed to fill the unexpired term of Robert M. Allen ending June 30, 1986. 6. Proposed ordinance to amend Chapter 5.16 Business of the Newport Beach Municipal Code License/ regarding "Going Out of Business Sales,t° Going Out together with report from City Attorney of Business dated March 4, 1986, were presented. Sales (27) Motion x Motion was made to continue to May 12, All Ayes 1986. • J. CURRENT BUSINESS: 1. Report from Public Works Department SJHls Trnsp recommending appointment of City Crdr Jt/ Representative to SAN JOAQUIN HILLS Pwrs Agcy TRANSPORTATION CORRIDOR JOINT POWERS AGENCY BOARD OF DIRECTORS, was presented. Motion x Motion was made to ratify Mayor's All Ayes appointment of Council Member Cox as the City Representative and appointment of Council Member Hart as Alternate. 2. Relocation of trailers in Marinapark rinaoark Mobile Home Park, with report from City C -1546 Manager dated April 14, 1986, was (38) presented. The City Manager summarized his report, noting that currently there is an 8' public walkway between the Marinapark and the American Legion. During the deliberations that resulted in a lease extension for the residents of Marinapark, considerable discussion was • given to widening of the walkway. To widen the walkway it will be necessary to relocate Trailer 12 -B approximately 5'. Therefore, a section was added to Volume 40 - Page 157 CITY OF NEWPORT BEACH COUNCIL MEMBERS p c� F April 28, 1986 L O ROLL \d\Pp ..-WF Y the lease document, as set forth in the Karinapark City Manager's report. If the trailer is to be relocated, the recent estimate is $20,000. It was pointed out that in addition, the lease for Lot 12 -D, which is the lot immediately adjacent and south of Lot 12 -8 has a provision whereby if the City relocates 12 -B, the City may be obligated to also relocate mobilehome 12 -D. Mr. Herb Williams, Member of the Marinapark Ad Hoc Committee and resident of Marinapark Mobile Home Park, addressed the Council and stated it would be the Committee's preference that the trailers not be relocated. Motion x Following discussion with respect to the Ayes x x advantages and disadvantages of moving Noes x x x x x trailer 12 -B, and the cost involved, motion was made to order the relocation of trailer 12 -B and authorize preparation of a budget amendment, which motion FAILED. No further action was taken. K. ADDITIONAL BUSINESS: Motion x 1. Motion was made to approve funding for ffshore All Ayes Council Member Hart and Mayor Pro Tem. Dil Meeting/ Plummer to go to Washington, D.C., on Washington May 4 and 5, regarding Offshore 011 D.C. drilling. Motion x 2. Motion was made to schedule public /P 3194/ Ayes x .x x x x hearing for for May 12, 1986, for U/P esub 824/ Noes x x 3194, Resubdivision No. 824, and KGDFrmt#ll Residential Coastal Development Permit No. 11 on property at 307 Carnation Avenue. Meeting adjourned at 1 :00 a.m. yor ATTEST: City Clerk Volume 40 - Page 158 %W-E T