Loading...
HomeMy WebLinkAbout05/12/1986 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES co i S 9 REGULAR COUNCIL MEETING ! 99 �G� 9Gp 99� �qj c�F PLACE: Council Chambers ?ice tip SF TIME: 7:30 P.M. ROLL CAL `P DATE: May 12, 1986 rune v Present x x x x x x x A. ROLL CALL. Motion x B. The reading of the Minutes of the All Ayes Meeting of April 28, 1986 was waived, approved as written, and ordered filed. ion 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 public hearing Balboa to consider the Environmental Document Bay Club and a lease_ between the City of Newport Lease Beach and the Balboa Bay Club. -519 (38) Report from the City Manager with Environmental Document and report from the City Council Ad Hoc Committee, was presented. The City Clerk advised that a letter was received after the agenda was printed from James Dale, President of the Board of Directors of ATSC, endorsing the extension of the Balboa Bay Club lease. The City Manager noted that the Balboa Bay Club Ad Hoc Committee has finished their assignment and have submitted their complete report to the City Council for consideration and action. The report and attendant attachments to the report are contained in the Council material distributed with the agenda. Also included with the report is a copy of the Environmental Document, which was prepared and filed with the County Clerk's office for the proposed lease extension as recommended by the Ad Hoc Committee. It was pointed out that the 50 -year lease between the City of Newport Beach and the Balboa Bay Club will expire on August 31, 1998 (12.5 years). The Balboa Bay Club representatives have approached the City with the request to extend the lease for another 12.5 years, for a total of 25 years from 1986. The request is based primarily on the desire to complete a specific plan, update, and improve the Club facilities, which . cannot be economically justified unless the investment in the improvements can be amortized over a longer period than 12.5 years. Also, it is believed that the Club may not be motivated to spend significant monies on maintenance during Volume 40 - Page 159 CITY OF NEWPORT BEACH COUNCIL MEMBERS C s \f\l�p \�P �f ROLL CAL May 12, 1986 MINUTES INDEX the waning period of the lease if the Balboa Bay City determined to allow the lease Club Lease period to run out. With respect to the amount of revenue • that will be generated, the new lease proposed by the Committee, will pay to the City through 1998 (the expiration date of the current lease) $17,957,692, an increase of $9,208,045 over the Balboa Bay Club's current obligations. This sum is 205.2% of current rent through 1998 only and 73.8% of market rent through 1998. If the proposed lease is not approved, the current rent represents only 33.4% of market rent. The City Manager advised that the new lease was reviewed by the Attorney General's office and the State Lands Division,,and approved, with one modi- fication suggested on Page 17 of the lease, i.e., substituting the words "visitor serving lodging" for the words "non- permanent residential." Dennis O'Neil, Attorney representing the Balboa Bay Club, addressed the Council and thanked the Ad Hoc Committee for the many hours spent in negotiating the new • lease. He felt that through the nego- tiation process, they have arrived at a fair and equitable document for both sides, and also represents an appreciable gain to the City. The language change as suggested by the State Lands Division is acceptable to them. Council Member Heather advised the Council that she had divested her rights as a member of the Balboa Bay Club some time ago in order that she may participate in the consideration of the subject lease. However, she and her husband are co- owners of a boat which is docked at the Bay Club, therefore, she was not sure she should disqualify herself from voting on this item. She inquired of Mr. O'Neil if he thought the rates for use of the Marina would be increased as a result of the new lease, to which he indicated he was not sure. In response to Council Member Heather, the City Manager pointed out that there is a provision in the lease that requires the leasee to charge market comparable rates that are being charged in this area. Volume 40 - Page 160 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL Gs1' p May 12, 1986 MINUTES IIJ nG Y The City Attorney advised that, in his Balboa Bay opinion, the decision the City Council Club Lease is considering at this time is not reasonably foreseeable to have a material financial impact on Council Member Heather's position as co -owner of a boat docked at the Bay Club. Discussion ensued, wherein Council Member Hart noted that, pursuant to the City Charter, and in her interpretation, the most the City can lease a piece of public property is 25 years, and if the lessees were to request that the lease be extended beyond that time, she did not feel she could support it. She also felt there should be a provision in the lease to the effect that any money borrowed on the property must be spent on operations and /or the Bay Club property itself. Mr. O'Neil, in response to Council Member Hart, stated that her concerns with respect to borrowing money against the property was reviewed extensively by the Balboa Bay Club ownership, as well as potential lenders, and the word they got back was that it would be so restrictive that it would make a loan of • any significant amount very difficult. In clarifying Council Member Hart's concern, as requested by Council Member Strauss, Mr. O'Neil stated that if there was to be a refinancing under the terms of the lease, the City's fee -hold interest in that property is in no way jeopardized; the City's interest is not subordinated to any lease; and the City would have full control as to whether a refinancing should go forward. Therefore, he believes that the leasehold estate, which is owned by the Bay Club for this 25 -year period of time, is something they ought to be able to use just as people use any security to obtain financing on. That is not to say the Bay Club won't be using the monies on -site, but they do need that flexibility., Mayor Pro Tem. Plummer indicated that she needed some type of assurance that the return generated from the Bay Club was • "proper," and that Marina Mobile Home Park was not paying a higher rate, per square foot, than that of the Bay Club, to which the City Manager and Council Member Cox responded. Volume 40 - Page 161 CITY OF NEWPORT BEACH COUNCIL MEMBERS C s� \TP\$%P-NP f ROLL CAL May 12, 1986 MINUTES 11,01* V Following discussion, and there being no Balboa Bay others wishing to address the Council, Club Lease the public hearing was closed. on x Motion was made to accept and approve the Environmental Document with findings as contained in the report from the City Manager; and approve the lease document and authorize the Mayor to execute subject lease, with the change on page 17, as outlined by the City Manager, and that all money borrowed on the property must be spent on the property, either on operations or the Balboa Bay Club _ property itself. Motion x Council Member Cox spoke against the subject motion, indicating he felt it was arbitrary and unfair, and therefore, moved to make a substitute motion to accept and approve the Environmental Document with findings as contained in the report from the City Manager, and approve the lease document and authorize the Mayor to execute subject lease, with the change on page 17, as outlined by the City Manager. Council Member Hart stated that she will be forced to support Council Member • Cox's substitute motion because she will not disapprove the lease, but will come back with a motion again reiterating her concern regarding borrowing money. Council Member Hart stated that the reason she has a concern over the Bay Club borrowing money, is because she does not quite understand how it will be paid back, and where the proceeds will come from. She felt that putting up such a very valuable piece of property as the Balboa Bay Club as collateral should stand on its own. Council Member Heather announced that she had decided to disqualify herself from participating in this matter for the reasons she expressed earlier in the discussions with Mr. O'Neil and the City Attorney. Ayes x x x x x x The substitute motion, as made by Council Member Cox, was voted on and carried. Won x In view of the foregoing, motion was made that all money borrowed on the Bay Club property must be spent on said property, either on operations or the Bay Club property itself. Volume 40 — Page 162 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL s o s s v ROLL • :7 MINUTES May 12, 1986 INDEX 3alboa Bay :lub Lease J/P 3194 (88) Kesub 824 (84) RCDPI111 It was noted by the City Attorney that the above motion could not be allowed unless a member of the City Council wished to make a motion to reconsider the vote just taken, to which there was no response. Due to the foregoing, Council Member Hart withdrew her motion. 2. Mayor Maurer opened the public hearing and City Council review of requests of SOMERS AND ASSOCIATES, Corona del Mar, approved by the Planning Commission at its meeting of April 10, 1986, for: USE PERMIT NO. 3194 - To permit the construction of a four unit residential condominium project and related garages on property located at 307 Carnation Avenue, Corona del Mar; zoned R -3. Proposal also includes a modification to the Zoning Code to allow second floor pot shelves and a wing wall to encroach two feet into the required ten foot front rear setback, and the acceptance of an Environmental Document; RESUBDIVISION NO. 824 - To resubdivide an existing lot into a single parcel of land for residential condominium purposes; and RESIDENTIAL COASTAL DEVELOPMENT PERMIT NO. 11 - To consider a Residential Coastal Permit for the purpose of establishing project compliance for a four unit residential condominium development pursuant to the Administrative Guidelines for the implementation of the State Law relative to low- and moderate - income housing within the Coastal Zone. Report from the Planning Department, was presented. Ian Somers, applicant, 1111 Bayside Drive, addressed the Council and stated that as noted in the staff report, they have substantially complied with all standards, plans and zoning requirements applicable to the R -3 District. He emphasized that the current zoning for the subject property allows 10 units to be constructed, whereas their development will only consist of four units. The maximum gross structural area allowed is 13,200 square feet, whereas the proposed development is approximately 7,600 square feet. The Volume 40 - Page 163 INDEX 3alboa Bay :lub Lease J/P 3194 (88) Kesub 824 (84) RCDPI111 CITY OF NEWPORT BEACH COUNCIL MEMBERS s� 9 ti �9 Jy, � v P cF May 12, 1986 o n \tpf\<�\p R OLL MINUTES If Yf hT37 City requires six parking spaces, four U/P 3194 of which are to be covered, and they are Resub 824 providing eight parking spaces. The RCDP#11 project has been well - planned and designed, and therefore, Mr. Somers • feels it should receive Council approval. Barbara Tappan, 1007 Dolphin Terrace, addressed the Council in opposition to the proposed condominium development. She stated that the proposed project would be directly across the street from the old Corona del Mar Inn, which was just recently purchased by Robert Blake for restoration and historical preservation purposes. She stated she felt the development would impede the view of the Inn from other locations. She displayed an old picture of the Inn located on the coastal bluff and discussed location of structures on the bluffs as referenced in the staff report. She stated that Mr. Blake is very receptive to restoring the historical site and she hoped the Council would overrule the decision of the Planning Commission and deny the proposed project. Discussion ensued, wherein the City Attorney stated he has reviewed the record that was presented to the Planning Commission and from that Information does not find any substantial evidence that there would be any significant environmental impact caused by the construction of the four -unit condominium project. Keith French, Planner and Consultant for Mr. Blake, addressed the Council in opposition to the condominium project. He stated he felt the project would obstruct any scenic vista or view open to the public. He also felt there were inconsistencies between the City's General Plan and Zoning Code, and therefore, suggested this item be continued until such inconsistencies are resolved. In response to Council inquiry, the Planning Director noted that the Zoning Code would allow a motel on Mr. Blake's property, subject to a use permit. A • hotel is not permitted on the R -3 classification. The particular use at the present time has been upgraded as a Volume 40 - Page 164 CITY OF NEWPORT BEACH COUNCIL MEMBERS \C-AL�ROLL May 12, 1986 MINUTES ounry multi - family apartment building and has U/P 3194 been operating as such for a number of Resub 824 years. RCDP #11 Discussion ensued, wherein Mr. French reiterated his concerns regarding the view and coastal bluff issue. Dick Nichols, 519 Iris Avenue, addressed the Council in opposition to the condominium project. He stated the subject property is a coastal bluff lot in an R -3 area that should have been down -zoned when other properties in old Corona del Mar were down -zoned from R -2 to 1.5. Mark Weinberger, Attorney representing Mr. Blake, addressed the Council and stated he has evaluated the Land Use Plan and General Plan, together with the Zoning Ordinance, and in reviewing the staff report, it appears that the R -3 zone is inconsistent with the Land Use Element of the General Plan as adopted through the Local Coastal Plan, inasmuch as the subject property is designated for Multiple - Family Residential and the R -3 zoning allows a greater intensity of use than permitted under the land use ® designation. He stated that the staff also does not show in its report the calculation for development of the property using the adopted General Plan standards for buildable area, and does not discuss the location of the bluff and give the City Council information as to the amount of distance from the bluff side to the proposed property. He emphasized the importance of the preservation of an historic structure and the adverse effect the proposed development: would have upon the viability of said historic building. Robert Blake, Blake Properties, 1550 Bayside Drive, addressed the Council and distributed copies of a booklet containing historical information regarding the old Corona del Mar Inn. He stated he was currently attempting to work with the adjoining property owners, and would be pleased to work with Robert Crooke, owner of the subject property. • He does not want to see a building on the Crooke property that 1s higher than the present structure, and would be willing to fund the razing of the existing building to create more parking in the area. He is also interested in Volume 40 - Page 165 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL May 12, 1986 MINUTES INDEX purchasing additional land surrounding U/P 3194 the Inn in an attempt to make an overall Resub 824 general plan for the community. RCDP#ll ® Mr. Blake reviewed the background of his property and the intent of the original owners. He stated he was making a $1 Million charitable contribution to the City by restoring the Inn, but needs encouragement to proceed. He is not trying to cause problems for Mr. Crooke and would be willing to pay him for the value of his property, as well as pay Mr. Somers the amount he has already vested in the project. Sandy Genis, Associate Planner, addressed the Council and stated that she had just attended a conference for the City in Monterey regarding Historical Preservation in California. She stated that she discussed the basic perimeters of the subject project with State and Federal representatives and it was their opinion that a view impact has never prevented any structure from making the Historical Register. The most important factor is integrity of the structure, and they require that 75% of the exterior structure generally be in the form it was during the period it was most historically significant. It was also emphasized that sandblasting is not to be done on historic structures as it ruins the textures underneath and there are no tax credits given when sandblasting is involved for rehabilitation. It was also indicated that there is a 1'k year backlog for designating; historical structures and the State is not accepting any new applications until October 1, and then each application takes approximately one year to complete. In response to the question raised by the City Attorney regarding the visibility of Mr. Blake's property from . Bayside Drive, Ms. Genie stated that it is partially visible from different vantage points, but not a structure which is "that" naticeable from Bayside Drive. • Curtis Crooke, present owner of 307 Carnation Avenue, addressed the Council and stated that there has been a lot of discussions during this hearing about coastal bluffs, which was "put to bed a good many years ago in this area, and Volume 40 - Page 166 COUNCIL MEMBERS \CALROLL C Motion Ayes Noes • • CITY OF NEWI21ORT BEACH MINUTES \ May 12, 1986 INDEX ,DBG 'rogram (87) therefore, Bayside Drive is no longer a coastal bluff of any sort." He also discussed the view issue, which he indicated should not be taken into consideration with respect to Mr. Blake's property. Joe Collins, 301 Carnation Avenue, addressed the Council and expressed his concerns regarding sufficient parking if Mr. Blake's property is developed as an historical structure. Hearing no others wishing to address the Council, the public hearing was closed. X Motion was made to sustain the decision x x x x x x of the Planning Commission, based on the X Findings and Conditions set forth in Exhibit "A" of the staff report. 3. Mayor Maurer opened the public hearing i regarding the PROPOSED "STATEMENT OF ] COMMUNITY DEVELOPMENT OBJECTIVES AND PROPOSED USE OF FUNDS" FOR THE 1986/87 FISCAL YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Report from the Planning Department, was presented.. The City Clerk advised that after the agenda was printed, a letter was received from Mesa Development Company regarding the proposed use of funds. It was noted that the following funding allocations of $357,000 are recommended for the 1986/87 CDBG funds: 1) Land acquisition for affordable housing $300,900 2) Social Services - Meals on Wheels 2,000 3) Aiding the homeless 2,100 4) Fair Housing 10,000 5) Administration 40,000 6) Contingency 2,000 TOTAL $357,000 Council Member Hart advised that she serves on a portion of the local YMCA Board, and would like to explore the possibility of allocating some of these funds to their homeless and building programs. Volume 40 - Page 167 INDEX ,DBG 'rogram (87) CITY OF NEWPORT BEACH COUNCIL MEMBERS c+ ROLL CAL Gss May 12, 1986 MINUTES INDEX James de Boom, 1743 Bayport Way, CDBG Executive Director for the YMCA, Program addressed the Council and described some of their ongoing programs, i.e., shelter for the homeless (food, laundry, etc.) ® latch -key care program, and substance abuse program. He stated that these programs do not pay for themselves, and therefore, he would request the Council consider allocating the sum of $11,000 to subsidize these activities. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Following discussion, motion was made to All Ayes adopt Resolution No. 86 -34, authorizing the City Manager to submit the final statement and all understandings and assurances contained therein; to act as the official representative of the City in connection with the submission of the final statement for the 1986/87 Community Development Block Grant Funds; and to allocate a sum not to exceed $11,000 to the YMCA following submittal of their proposal to the City Manager. 4. Mayor Maurer opened the public hearing PD /Towing regarding CERTIFICATE OF CONVENIENCE AND (70) ® NECESSITY FOR NEWPORT CENTER TOWING and BONHAM TOWING, pursuant to Chapter 5.13 of the Newport Beach Municipal Code. Reports from Business License Supervisor, were presented. Hearing no one wishing to address the Council, the public hearing was closed. Motion x Motion was made to approve the requests Newport All Ayes for Newport Center Towing and Bonham Center/ Towing for subject certificate. Bonham E. PUBLIC COMMENTS: None. 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 second reading on May 27, 1986: • (a) Proposed ORDINANCE NO. 86 -14, Ord 86 -14 being, Business License (27) Volume 40 - Page 168 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL ,fly `G3 yG9 y9.� tn9.� c�F May 12, 1986 MINUTES AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 5.16 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING GOING OUT OF ® BUSINESS SALES. (Report from the City Attorney) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 86 -35 declaring that Weed weeds and other public nuisances Abatement exist upon streets, alleys, Res 86 -35 sidewalks, parkways and private (41) property within the City and declaring that said weeds and public nuisances must be abated, setting the time and place for a public hearing at which the City Council will consider protests from persons objecting to the proposed destruction or removal of such public nuisances by the City and directing the Fire Chief to give notice of the passage of this resolution and the public hearing. (Report from Fire Chief) (b) Resolution No.86 -36 enabling the Finance/ City to elect to receive tax Revenue ® revenue pursuant to Health & Safety Res 86 -36 Code Section 33676 [Santa Ana (40) Heights]. (Report from Executive Assistant to the City Manager) 3. CONTRACTS /AGREEMENTS: (a) Award Contract for Administration CDBG Adm/ of Community Development Block LSA Grant Program to LSA, in the amount C -2569 of $20,000 and authorize the Mayor (38) and City Clerk to execute said contract. (Report from the Planning Department) (b) Authorize the Mayor and City Clerk O/C Water to execute Agreement between the District City of Newport Beach and the C -2570 Orange County Water District. (38) (Report from Utilities Director) 4. COMMUNICATIONS - For referral as indicated: (a) To Planning Department for Planning inclusion in the records, letter (68) • from M. Jacques, a merchant in Fashion Island, in support of General Plan Amendment proposed by The Irvine Company. Volume 40 - Page 169 CITY OF NEWPORT BEACH COUNCIL MEMBERS � +F May 12, 1986 O RAI MINUTES INDEX (b) To Pending Legislation and Legislation Procedural Ethics Committee, City (48) of Merced Mayor Marvin Wells, urging opposition to SB 2522 ® regarding "home rule" and local governments. (c) Removed from the Consent Calendar. (d) To Public Works for response, PW letter from Stanley M. Swiatek (74) concerning Newport Boulevard Channel Bridge. (e) To the Aviation Committee for Aviation inclusion in the records, comments Cmte by Mr. and Mrs. Richard W. Kelly to (24) recent newspaper items submitted to "Letters to the Editor" regarding John Wayne Airport. (f) To City Clerk for inclusion in the Library Bd records, letter from Board of (24) Library Trustee Holly Wilkinson relinquishing her position as Chairman. (g) To Executive Assistant to the City Annexation/ Manager and Finance Director for Upr Npt Bay inclusion in the records, #91 ® Resolution No. 86 -333 of the Board (21/40) of Supervisors, Orange County regarding Upper Newport Bay Annexation No. 91 and reallocation of property tax revenues. (h) To Planning Commission /Planning Planning Department for response, letter (68) from L. K. Homyer opposing Variance 1129 for development of property at 3713 Ocean Boulevard in Corona del Mar. (i) To Police Chief for response, PD letter from Mrs. Beryl Melinkoff (70) regarding alleged parking violations by tour bussas on Lido Isle. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Letter from John C. Scholz, student at University of California, . Irvine, soliciting financial support for Campus Crusade for Christ. Volume 40 - Page 170 CITY OF NEWPORT BEACH COUNCIL MEMBERS s v ROLL C ®L y�9 May 12, 1986 MINUTES c.vr (b) Copy of letter from Calvin S. McLaughlin, Professor of Biochemestry, UCI, regarding ® asbestos cement pipe and the City water mains. (c) Orange County Division, League of California Cities communication regarding resolutions in support of propositions 46, 47 and 49; and Minutes of the General Meeting of April 10, 1986. (d) Orange County Local Agency Formation Commission preliminary agenda for May 7, 1986. 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Mary Pat Earl alleging personal Earl injuries as a result of fall into treeless /plantless square planter, which had no warning signs on April 13, 1986, at 22nd Street. (b) James K. Ireland alleging he was Ireland beaten by two police officers while being held at the Newport Beach ® Police Department City Jail on January 30, 1986, seeking reimbursement of medical expenses. (c) Joan D. Jessup alleging sewer Jessu backup caused damage to home on March, 19, and April 6, 1986, at 2420 Cliff Drive, seeking reimbursement for damaged items and plumbing costs. (d) Gregory K. Johnson alleging Johnson personal injuries as a result of trip and fall into uncovered portion of excavation near sidewalk on 1323 Balboa Boulevard, on January 20, 1986, which was not posted or marked. (e) Paul Anthony Royak alleging damage lRoyak to two tire rims, mounts, cost of four wheels balanced and wheel alignment, as a result of vehicle hitting hole in street at Jamboree Road north of Bristol on March 10, 1986. Volume 40 - Page 171 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL May 12, 1986 MINUTES MTU For rejection: (f) LATE CLAIM - Gerald Glazer and Tony Glazer/ Allen alleging damages to boat as a Allen result of oil well explosion at ® dock slip, 4403 W. Coast Highway on August 2, 1985. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Newport Beach Townhouse Owners' Newport Bch Association for damages as a result Townhouse of oil well fire on August 2, 1985, Owners'Asn Orange County Superior Court, Case No. 48- 62 -12. Claim denied by City Council on October 15, 1985. 8. REQUEST TO FILL PERSONNEL VACANCIES: (66) (Report from the City Manager) (a) One Building Inspector II, Building Department. (b) One Equipment Serviceworker, General Services. (c) One Library Clerk III, Corona del ® Mar Branch. (d) One Library Clerk I, Newport Center Branch. (e) One Storekeeper I, Finance Department. 9. STAFF AND COMMISSION REPORTS - For Council information and referral to the City Manager for report back: (a) Memorandum from Newport Beach Quality Lf Quality of Life Citizens Advisory Cmte /City Committee regarding CITY RESTROOM Adm IMPROVEMENT PROGRAM (24/35) RECOMMENDATIONS. 10. PUBLIC HEARING SCHEDULING: None. 11. USE PERMIT NO. 3119 - Acceptance of an Irvine Co/ Off -Site Parking Agreement with THE Four Seasns IRVINE COMPANY (FOUR SEASONS NEWPORT Npt Ctr CENTER ) for a portion of the required C -2571 • parking spaces in conjunction with Use (38) Permit No. 3119, which permitted the construction of a three -level parking structure, with parking on the roof, for Volume 40 - Page 172 CITY OF NEWPORT BEACH COUNCIL MEMBERS c� F May 12, 1986 G � ,� R OLL MINUTES enonc v the FOUR SEASONS HOTEL in NEWPORT CENTER, located at 600 Newport Center Drive, Newport Beach. (Report from Planning Department) ® 12. SITE PLAN REVIEW NO. 32 (AMENDED) - Irvine Co/ Acceptance of an Off -Site Parking Wells Fargo Agreement with THE IRVINE COMPANY (WELLS Bldg FARGO BUILDING) for a portion of the C -2572 required parking spaces in conjunction (38) with Site Plan Review No. 32 (Amended), which permitted the construction of the FOUR SEASONS HOTEL in NEWPORT CENTER. Located at 660 Newport Center Drive, Newport Beach. (Report from the Planning Department) 13. ENCROACHMENT PERMIT - Uphold staff's Permit/ recommendation to table a letter from Enchrchm the Portofino Beach Hotel, 2306 West (65) Ocean Front protesting denial of application for an encroachment permit until the Planning Commission has acted on an application for a special use permit for the hotel. (Report from Public Works) 14. RESUBDIVISION NOS. 805 AND 806 - Accept Resub the public improvements constructed in 805/806 conjunction with Resubdivision Nos. 805 (84) ® and 806 (Lots 19 and 21, Block 432 of Corona del Mar Tract located at 439 and 441 Fernleaf Avenue on the northeasterly side of Fernleaf Avenue and Second Avenue in Corona del Mar); and authorize the City Clerk to release the Faithful Performance Surety (Certificate of Deposit No. 1486) and Labor and Material Surety (Certificate of Deposit No. 1487) in six months provided no claims have been filed. (Report from Public Works) 15. RESUBDIVISION 752 - Approve an Agreement Resub 752 for nonstandard street improvements (84) within the northerly Newport Center Drive parkway and within a water easement within Center Drive, a private street (a portion of Lot 22, Tract 6015 located at 600 Newport Center Drive, on the Northeasterly corner of Newport Center Drive and Santa Cruz Drive in Newport Center); and authorize the Mayor and City Clerk to execute said agreement and record with the recorder's office. (Report from Public Works) Volume 40 - Page 173 CITY OF NEWPORT BEACH COUNCIL MEMBERS % s, .o s s v PdAI I [:OI _ Gad' ��9 �� ��'%5 May 12, 1986 MINUTES lNnFy 16. REPLACE WAREHOUSE AND CONSTRUCT WASH Warehouse RACK COVER (C -2478) - Approve the plans Rplcm /Cnstr and specifications; and authorize the Wash Rck City Clerk to advertise for bids to be Cover opened at 11:00 a.m, on June 11, 1986. C -2478 ® (Report from Public Works) (38) 17. SPECIAL EVENTS PERMITS - The following Permits permits are presented for approval, (65) subject to conditions listed in the staff reports from Business License Supervisor: (a) Application #86 -127 - Sound Apli1186 -127 amplification for Alan Cranston, May 24, 1986, at Galaxy View Park; (b) Application #86 -130 - Use of Apli1/86 -130 public beach, Hart Productions, May 22 and 23, 1986; and (c) Application 1186 -063 - Balboa Apli#86 -063 Club Chili Cookoff, May 22, 1986 for use of amplified sound. 18. BUDGET AMENDMENTS - For approval: (25) ® BA -084, $17,000 - Transfer of Budget Appropriations for preparation of the PS &E for a new water main and sewer replacement to be included in the Balboa Boulevard widening project; Balboa Blvd. Water Main Fund. BA -085, $1,940 - Transfer of Budget Appropriations for purchase of dictating machines (3) to replace machines that are broken and beyond repair; City Attorney- Office Equipment Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Letter from Corona del Mar Chamber of Parking Commerce regarding suggestions for Lot /Bayed installation of lighting on the btw Jsmn/ municipal parking lots; letter from Larkspur Philip Sansone stating that the (63) additional parking spaces created by the destruction of the small park cannot be justified and a waste of tax funds; and petition signed by residents protesting • the proposal to destroy a tree - filled, public park on Bayside Drive between Jasmine and the alley between Jasmine and Larkspur in Corona del Mar by conversion to a parking lot, were presented. Volume 40 - Page 174 CITY OF NEWPORT BEACH COUNCIL MEMBERS c s o \IMP ROL L CAL May 12, 1986 MINUTES The City Clerk advised that after the Parking agenda was printed, additional petitions Lot /Bayed were received containing approximately btw Jsmn/ 77 signatures, opposing the proposed Larkspur parking lot on Bayside Drive at Jasmine, ® and the alley between Jasmine and Larkspur. The City Manager briefed the Council on the background of the proposed parking lot, noting that the City Council had considered this item at their study session meeting of October 22, 1984, pursuant to a letter from the Corona del Mar Chamber of Commerce dated August 27, 1984. The letter requested a report from the City regarding the development of a new parking lot on Bayside Drive at Jasmine Avenue and between Jasmine and the alley easterly, and information on the costs and revenues of installing meters in all of the municipal lots in Corona del Mar. The City Manager pointed out that the lot between Jasmine and the alley easterly could be constructed for approximately $14,000 at that point in time, but would be considerably higher if constructed at this time. The cost ® to meter the 113 spaces in all four municipal lots would be an additional $17,000 as an estimated cost for that time. As a result of the October 22, 1984 report:, the Council, at its meeting of November. 13, 1984, approved a Budget Amendment for $31,000 to provide for construction of a parking lot at Bayside Drive and Jasmine, and metering of Corona del Mar parking lots. The project is currently in the 1986 -87 budget. The following persons addressed the Council in opposition to the proposed parking lot at Bayside Drive between Jasmine and the alley between Jasmine and Larkspur: Phil Sansone, 215 Marguerite Avenue Frank Jedziniak, owner of 404 Jasmine Avenue Nancy Gardner, 323 Jasmine Avenue Ed Giffen, 307 Larkspur Avenue Shirley Conger, 3033 Bayside Drive (submitted petitions containing • 27 additional signatures) Robert Gardner, 320 Evening Canyon Drive Dick Nichols, 519 Iris Avenue Barbara Hughes, 400 Jasmine Avenue Volume 40 - Page 175 COUNCIL MEMBERS \CAL ROLL Gin May 12, 1986 MINUTES s.QrITz It was indicated by the foregoing Parking Lot speakers that they felt the proposed Baysd /btw parking lot was not needed, inasmuch as Jsmn /Larks® the other existing lots are only pur partially full the majority of the time. They also felt that since there are not that many parks in Corona del Mar, the park should be preserved. Luvena Hayton, 235 Poppy Avenue, addressed the Council and stated that she had written a letter to the City Council some 8 to 10 years ago requesting the subject property be paved. She stated that the Corona del Mar Chamber of Commerce wrote their letter in 1984 because all efforts to obtain parking in Corona del Mar is met with tremendous price resistance. All lots in Corona del Mar are entirely too expensive to use them for parking. The subject property is a very small area directly behind the block where retail and service stores are located and would be of great benefit to employees, who work in the area, and at the same time eliminate some of the on- street parking now used by those employees. She urged the Council to proceed with the development of the parking lot. Moo n x Discussion ensued, wherein Council Member Strauss commented that due to the fact that the other parking lots are not being fully used, he felt this park should remain as is, inasmuch as it does provide some shade, greenbelt, etc., and therefore, moved to continue the use of the property as now exists. Council Member Agee spoke against the motion, stating it is an unfortunate situation, but somebody has to live next to a parking lot. He felt it only prudent that the City Council view the site, which has been under consideration for some years, and proceed with the plans for a parking lot, especially because of the increase in traffic and parking problems on Coast Highway. Council Members Cox and Mayor Maurer also expressed their support for converting the property to a parking lot. *n x Following consideration, substitute Ayes x x x x x x motion was made to continue this item to Noes x June 9, and direct staff to bring back at that time a conceptual plan for the .proposed parking lot. Volume 40 - Page 176 CITY OF NEWPORT BEACH COUNCIL MEMBERS s� 99 G� fo �' G S �9 Jy, � 9 A CA F May 12, 1986 0 ROLL MINUTES funrY H. ORDINANCES FOR ADOPTION., 1. Proposed ORDINANCE NO. 86 -9, being, Ord 86 -9 ® AN ORDINANCE OF THE CITY OF NEWPORT CATV (42) BEACH AMENDING SECTION 5.44 160 (COMMUNITY ANTENNA TELEVISION) OF THE NEWPORT BEACH MUNICIPAL CODE, was presented for second reading with report from Executive Assistant to the City Manager dated April 28, 1986. Motion x Motion was made to adopt Ordinance No. All Ayes 86 -9. 2. Proposed ORDINANCE NO. 86 -10, being, Ord 86 -10 Wtr Rates AN ORDINANCE OF THE CITY OF NEWPORT (40/89) BEACH AMENDING SECTIONS 14.12.040 AND 14.12.090 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING PROCEDURES FOR ESTABLISHING WATER RATES AND CHARGES, was presented for second reading with report from Utilities Director dated April 28, 1986. on x Motion was made to adopt Ordinance No. Ayes 86 -10. 3. Proposed ORDINANCE NO. 86 -12, being, Ord 86 -12 Parking AN ORDINANCE OF THE CITY OF NEWPORT Lots BEACH AMENDING SECTION 12.12.050 OF (63) THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO OVERNIGHT PARKING IN THE BALBOA MUNICIPAL PARKING LOT, was presented for second reading with .report from the Offstreet Parking Committee dated April 28, 1986. Kevin King„ 418 E. Ocean Front, addressed the Council and requested the subject ordinance be amended to reflect the current rates, as he felt the proposed rates were unfair to the residents., Mayor Maurer and Mayor Pro Tem Plummer explained the background of this item, the amount of time and study that has been put forth by the Off- street Parking . Committee and City Council, and the Justification for the increase. Motion x Motion was made to adopt Ordinance No. All Ayes 86 -12. Volume 40 - Page 177 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL m� A \IMP s s v ROLL Gds May 12, 1986 MINUTES uu r%c y 4. Proposed ORDINANCE NO. 86 -13, being, Ord 86 -13 Abandoned AN ORDINANCE OF THE CITY OF NEWPORT Veh /Parking BEACH AMENDING CHAPTER 10.52 OF THE Lots • NEWPORT BEACH MUNICIPAL CODE (63) ESTABLISHING THE RIGHT TO TOW AND IMPOUND VEHICLES ABANDONED IN CITY PARKING LOTS, was presented for second reading with report from Offstreet Parking Committee dated April 28, 1986. Motion x Motion was bade to adopt Ordinance No. All Ayes 86 -13. I. CONTINUED BUSINESS: 1. Proposed ORDINANCE NO. 86 -5, being, Ord 86 -5 UTOTx /Fi -. AN ORDINANCE OF THE CITY OF NEWPORT nance BEACH AMENDING CHAPTER 3.16 OF THE (40) NEWPORT BEACH MUNICIPAL CODE PERTAINING TO UNIFORM TRANSIENT OCCUPANCY TAR, was presented for second reading with report from Assistant City Attorney dated March 17, 1986. • Report from the City Manager, was presented. The City Manager advised that the Newport Harbor Area Visitors and Convention Bureau has requested this item be continued to June 9, 1986. Motion x In view of the foregoing, motion was All Ayes made to continue this matter to June 9, 1986. 2. BICYCLE TRAILS CITIZENS ADVISORY BT /CAC COMMITTEE. Motion x Motion was made to defer (District 4) All Ayes Council Member Heather's appointment to May 27, 1986, to fill the unexpired term of Thomas M. Fish, ending December 31, 1986. 3. Report from the Executive Assistant to O/C CopAgmt the City Manager, dated May 12, 1986 S/A Hghts concerning COOPERATIVE AGREEMENT WITH Redevlpm THE COUNTY OF ORANGE, regarding C -2573 redevelopment by the County of an area (38) within the territorial limits of the City of Newport Beach [Santa Ana Heights], was presented together with Volume 40 - Page 178 CITY OF NEWPORT BEACH COUNCIL MEMBERS C 0� ROLL CAL tp C Motion Ayes Noes Motion Motion Ayes Noes 0 s MINUTES May 12, 1986 Ord 86 -11 S/A Hghts Redevelpm Arts Cmsn/ City Hall Gallery (24/35) reports dated April 14 and 28, 1986, and second reading of Proposed ORDINANCE NO. 86 -11, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 15.65 TO THE NEWPORT BEACH MUNICIPAL CODE AUTHORIZING THE REDEVELOPMENT OF AN AREA WITHIN ITS TERRITORIAL LIMITS BY THE COUNTY OF ORANGE. x Motion was made to adopt Ordinance No. x x x x x x 86 -11; approve Cooperative Agreement; x and authorize the Mayor and City Clerk to execute subject agreement. J. CURRENT BUSINESS: 1. Report from the City Manager concerning refurbishment of City Hall Gallery, was presented. x Motion was made to approve Items 1 through 12 as set forth in the report for a total of $20,670.27. x Substitute motion was made to approve x x x x Items 1 through 10, for a total of x x x $8,670.27. K. ADDITIONAL BUSINESS: None. Meeting adjourned at 11:40 p.m., in memory of Catherine A. Plummer, Mother of Mayor Pro Tem Ruthelyn Plummer and long -time resident of Newport Beach, who passed away on Friday, May 9, 1986. Mayor ATTEST: City Clerk u r CgteFOa��P Volume 40 - Page 179 Ord 86 -11 S/A Hghts Redevelpm Arts Cmsn/ City Hall Gallery (24/35)