HomeMy WebLinkAbout06/09/1986 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEMBERS
ROLL \CALs� o ti ti v
yF9
Went
Motion
Ayes
Abstain
Motion
All Ayes
o
•
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: June 9, 1986
MINUTES
IN
LS
:d
S
PCA 634
Ord 86 -15
(94)
)RT
iED
IE
Traffic
Study
E lResub 825
(84)
ct
f
ots
t,
and
lso
ion
Ith
TMpTR 12209
(Revised)
Ed Benson of the Quality of Life Citizens
Advisory Committee presented Newport
Beautiful Poster Awards for 1986.
X
x
x
x
x
x
x
A. ROLL CALL.
B. The reading of Minutes of the Meeting
x
May 27, 1986, was waived, approved as
X
x
x
x
x
written, and ordered filed.
x
x
C. The reading in full of all ordinances
x
and resolutions under consideration w,
waived, and the City Clerk was direct4
to read by titles only.
D. HEARINGS:
1. Mayor Maurer opened the public hearin,
regarding:
AMENDMENT 'NO. 634 (PROPOSED ORDINANCE
NO. 86 -15), being,
AN ORDINANCE OF THE CITY OF NEWP
BEACH ADOPTING PLANNED COMMUNITY
DEVELOPMENT STANDARDS AND A PLAN
COMMUNITY DEVELOPMENT PLAN FOR T'
DEVELOPMENT OF THE POINT DEL MAR
PLANNED COMMUNITY (Planning
Commission Amendment No. 634);
AND
TRAFFIC STUDY - Request of THE IRVINE
COMPANY, Newport Beach, to approve a
traffic study in conjunction with 43
lots for single - family development on
the subject site;
AND
RESUBDIVISION NO. 825 - Request of TB
IRVINE COMPANY, Newport Beach, to
consider a resubdivision of the subje
property so as to create one parcel e
land for conveyance purposes;
AND
TENTATIVE MAP OF TRACT NO. 12209
(Revised) - A request of THE IRVINE
COMPANY, Newport Beach, to subdivide
6.63 acres of land into 43 numbered )
for detached single- family developmer
one lot for private street purposes,
one lot for private open space and
landscaping purposes. The proposal
includes an exception to the Subdivia
Code so as to allow creation of lots
which are less than fifty feet in wig
Volume 40 - Page 199
MINUTES
IN
LS
:d
S
PCA 634
Ord 86 -15
(94)
)RT
iED
IE
Traffic
Study
E lResub 825
(84)
ct
f
ots
t,
and
lso
ion
Ith
TMpTR 12209
(Revised)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL June 9, 1986
MINUTES
INDEX
and less than 5,000 sq.ft. in area.
PCA 634
Property located at 6000 MacArthur
Boulevard, on the northeasterly corner
of MacArthur Boulevard and East Coast
Highway at Fifth Avenue, in Corona del
®
Mar.
Report from the Planning Department was
pr�sented.
The City Clerk advised that after the
printing of the agenda, a letter was
received from the Legal Aid Society of
Orange County, recommending denial of
the subject Tentative Map.
Mr. David Neish, representing Real
Estate Development Corporation,
addressed the Council and described the
proposed project. He stated there will
be 43 single- detached homes which will
be "for- sale" units. He stated that
they concur with all the Conditions of
Approval as recommended by staff, and
would urge the Council to approve the
project.
John P. Kelly, 717 Goldenrod Avenue,
addressed the Council and stated that he
was in support of the project, however,
he was concerned with the proposal to
•
widen Goldenrod Avenue to 60 feet and
widen Fifth Avenue to 40 feet.
In response to the above, the Public
Works Director stated that the widths
mentioned by Mr. Kelly are standard
widths for a two -lane local street. The
60 feet of right -of -way accommodates a
10 foot parkway on either side behind
the curb, two 12 foot travel lanes (one
in each direction), and two 8 foot
parking lanes on each side of the
street.
Dick Nichols, 519 Iris Avenue, addressed
the Council in favor of the project, but
stated he felt the proposed widening of
Goldenrod and Fifth Avenues would cause
an increase in vehicular speed, to which
he has concern.
Ron Covington, 707 Orchid Avenue,
addressed the Council regarding the
widening of Goldenrod and Fifth Avenues,
and stated he did not want to see Fifth
•
or Marguerite Avenues become "high- speed"
thoroughfares.
Volume 40 - Page 200
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
co \CAL
s -o 3 ti ti v
ROLL Gip � �9 C9 yip June 9, 1986
MINUTES
INDEX
Keith Dawson, 721 Goldenrod Avenue,
PCA 634
addressed the Council and stated that he
resides at the corner of Fifth and
®
Goldenrod Avenues, and that widening the
subject streets will only increase
speed.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to approve the project
All Ayes
as recommended by the Planning
Commission, and
Adopt Resolution No. 86 -44, accepting,
Res 86 -44
approving and certifying the Final
Environmental Impact Report;
Make the Findings contained in the
Statement of Facts with respect to
significant: impacts identified in the
Final Environmental Impact Report;
Find that the facts set forth in the
Statement of Overriding Considerations
are true and are supported by
substantial evidence in the record,
including the Final Environmental Impact
Report;
•
With respect to the project, find that
although the Final Environmental Impact
Report identifies certain unavoidable
significant: environmental effects that
will result if the project is approved,
the mitigation measures identified sball
be incorporated into the project, and
all significant environmental effects
that feasibly can be mitigated or
avoided have been eliminated or reduced
to an acceptable level, and that the
remaining unavoidable significant
effects, when balanced against the facts
set forth in said Statement or
Overriding Considerations, giving
greater weight to the unavoidable
environmental effects, are acceptable;
Adopt Ordinance No. 86 -15;
Sustain the action of the Planning
Commission and approve the Traffic Study
for the Point del Mar Planned Community;
Sustain the action of the Planning
Commission and approve Resubdivision No.
825 to create one parcel of land for
conveyance purposes;
Volume 40 - Page 201
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL aT o s s v
ROLL Gtr � F9 y�A June 9, 1986
MINUTES
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Approve the Tentative Map of Tract No.
12209 (Revised) with the Findings and
subject to the Conditions as recommended
by the Planning Commission.
®
2. Mayor Maurer opened the public hearing
UP 3122
and City Council review of an appeal by
attorneys for ROLAND VALLELY and and the
VALLELY FAMILY, Newport Beach, from the
decision of the Planning Commission on
May 8, 1986, approving USE PERMIT NO.
3122 (AMENDED) and WAIVER OF PARCEL MAP
REQUIREMENT. Use Permit No. 3122
(Amended) requests amendment of a
previously--approved use permit which
permitted the construction of a
commercial building and related parking
structure known as EDGEWATER PLACE, on
property located at 309 Palm Street, on
the northerly side of East Bay Avenue
between Palm Street and Adams Street, in
Central Balboa, zoned C -1. The proposed
amendment includes a request to delete
Condition No. 2 which requires the
fulfillment: of all applicable conditions
of Resubdivision No. 797. The Waiver of
Parcel Map Requirement is a request to
waive the requirement for a parcel map
to create a single parcel of land where
twelve lots, a portion of one lot, a
vacated portion of Edgewater Place, and
a portion of a :vacated alley, now exist.
Report from the Planning Department was
presented.
Appeal application by Gisele Goetz,
O'Mel.veny and Myers, Attorneys for
Roland Vallely and the Vallely Family
was presented.
The City Clerk advised that after the
printing of: the agenda, a letter was
received from the Attorney representing
the Vallely Family, requesting this item
be continued to June 23, 1986 in order
that he may be in attendance to present
the appeal,.
Motion
x
Motion was made to continue this public
All Ayes
I
hearing to June 23, 1986 as requested.
j
3. Mayor Maurer opened the public hearing
CATV /Bayou
regarding 13AYV1EW CATV FRANCHISE.
(42)
Report from Executive Assistant was
presented.
The Mayor asked if anyone wished to
address the Council to which there was
no response.
Volume 40 - Page 202
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
C d o 2i S ti q
Of ':pop
ROLL CAL Gds y�9 June 9, 1986
MINUTES
INDEX
Motion
x
Motion was made to close hearing, and
All Ayes
introduce and pass to second reading on
June 23, 1986:
•
(a) ORDINANCE NO. 86 -16, being,
Ord 86 -16
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING ORDINANCE NO. 1891
TO EXTEND THE AREA OF A
NON- EXCLUSIVE FRANCHISE WITH
COMMUNITY CABLEVISION COMPANY TO
CONSTRUCT, MAINTAIN AND OPERATE A
COMMUNITY ANTENNA TELEVISION SYSTEM
WITHIN THE CITY;
AND
(b) ORDINANCE NO. 86 -17, being,
rd 86 -17
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING ORDINANCE NO. 1197
TO EXTEND THE AREA OF A
NON- EXCLUSIVE FRANCHISE WITH GROUP
W CABLE TV COMPANY TO CONSTRUCT,
MAINTAIN AND OPERATE A COMMUNITY
ANTENNA TELEVISION SYSTEM WITHIN
THE CITY.
4. Mayor Maurer opened the public hearing
Budget/1986
regarding PRELIMINARY BUDGET FOR FISCAL
1987
YEAR 1986 -87, pursuant to Section 1102
of the Newport Beach City Charter; and
Revenue Shrg
(40)
proposed EXPENDITURES FROM THE FEDERAL -
REVENUE SHARING FUNDS FOR FISCAL YEAR
1986 -87.
Checklist of Budget Items added during
study sessions was presented.
The City Clerk reported that after the
printing of the agenda a letter was
received from Mr. and Mrs. Charles
Bauman, supporting funding for the
Newport Harbor Art Museum. In addition,
a letter was received from Bruce
Harrington of Falcon Development
Company, supporting funding of South
Coast Repertory.
Carl Neisser, 2416 22nd Street,
addressed the Council in support of the
Newport Harbor Art Museum's request for
funding. He stated that he was very
interested in all phases of the Arts,
active with the Art Museum, and a Member
of the Board of Trustees. He stated he
•
also enjoys the theatre and supports the
request of South Coast Repertory.
Volume 40 - Page 203
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL \kp\��p ROLL .June 9, 1986
MINUTES
INDFX
Mr. Neisser introduced the following
Budget/
persons who also spoke in favor of the
Rev Shrg
Art Museum's request:
Joan Holmes, 5 Curl Drive, Corona del
Mar, Samuel Goldstein, 2721 Victoria
Drive, Laguna Beach, Judy Slutzky, 424
Via Lido Nord, Susan Ullman, 301 Milford
Drive.
Robert Shelton, representing the Board
of Directors of the South Coast
Repertory, addressed the Council in
support of their request for funding.
He stated that 30 of their trustees are
from Newport Beach and that there are
4000 subscribers from Newport Beach.
The number of students who directly
benefit from their educational programs
is estimated at 3000, and there are
approximately 300 youths who participate
in their theatre training program each
year. He stated that their request is
one fourth of one - percent of their
budget, and they do not feel it is an
unreasonable contribution from the City.
There being no others wishing to address
the Council at this time, the following
items were straw -voted from the 1986 -87
•
Budget Check List:
A. City Council
All Ayes
1. $6,800 was approved for Travel
and Meetings.
B. Non - Departmental
All Ayes
1. $1,000 was approved for the
Pacific Chorale.
All Ayes
2. $10,000 was approved for South
Coast Repertory.
:En discussing the request of
South Coast Repertory, Council
]Member Hart stated that she
was opposed to using taxpayers
monies to fund organizations
outside the City. She also
commented that she did not
feel these types of groups
should rely on public entities
for funding a portion of their
operating budget.
Ayes
3. $30,000 was approved for
Newport Harbor Art Museum.
Volume 40 - Page 204
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
^F
June 9, 1986 o �
ROLL
All Ayes
All Ayes
0 Ayes
All Ayes
All Ayes
All Ayes
All Ayes
Ayes
Noes
.0, Ayes
All Ayes
All Ayes
All Ayes
All Ayes
MINUTES
. INDEX
Budget/
Rev Shrg
4. $1,000 was approved for Orange
County Arts Alliance.
5. $2,000 was approved for
Imagination Celebration.
6. $3,000 was approved for Salute
to the Arts.
7. $550 was approved for The
Nutcracker.
8. $4,400 was approved for the
Arts Festival.
9. $1,000 was approved for the
Baroque Festival.
C. Police - Administrative
1. $17,000 was approved for
California Identification
System.
D. General Services - Equipment
Maintenance
X
x
x
1. The request for Auto Body
X
x
x
x
Worker was disapproved.
E. Capital Improvements
1. $300,000 was approved for
Cliff Drive Park Improvements
(Building Excise Tax Fund)
Council Member Hart stated
that the above funding will
complete the entire park,
particularly slope failure and
deterioration of the bluff.
F. $10,000 was approved for an
Economic Study of Youth
Restaurant /Teen Center.
G. $10,000 was approved for Study of
Mariners Mile Specific Area Plan
Facilities.
H. $2,000 was approved for the City's
share of Consultant for Outer
Continental Shelf Oil Drilling
issue.
I. $25,000 was approved for Upgrading
West Newport Park (Fencing and
Playground Equipment)
Volume 40 - Page 205
. INDEX
Budget/
Rev Shrg
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
s \'PkP(9
F
June 9, 1986 9�0
ROLL
MINUTES
INnF if
Hearing no others wishing to address the
City Council, the public hearing was
closed.
on
x
Motion was made to direct staff to
Ayes
prepare a resolution formally adopting
the 1986 -87 Budget for consideration on
June 23, 1986.
E. PUBLIC COMMENTS:
Council Member Agee announced for the
benefit of those in attendance, and
those persons viewing the City Council
proceedings on television, that he will
not be seeking re- election in November.
He described the boundaries within his
District for those who might be
interested.
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 June 23, 1986:
(a) Proposed ORDINANCE NO. 86 -18,
Ord 86 -18'
•
being,
Newsracks
(27)
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING CHAPTER 5.70 OF
THE NEWPORT BEACH MUNICIPAL
CODE PERTAINING TO NEWSRACKS.
(Report from the Assistant
City Attorney)
(b) Proposed ORDINANCE NO. 86 -19,
Ord 86 -19
being,
Massage
(27)
AN ORDINANCE OF THE CITY
.COUNCIL OF THE CITY OF NEWPORT
13EACH AMENDING CHAPTER 5.50 OF
THE NEWPORT BEACH MUNICIPAL
CODE PERTAINING TO MASSAGE
ESTABLISHMENTS. (Report from
the Assistant City Attorney)
(c) Proposed ORDINANCE NO. 86 -20,
Ord 86 -20
being,
Phasing of
Develop/
AN ORDINANCE OF THE CITY
Traffic
_
COUNCIL OF THE CITY OF NEWPORT
Impry
.
13EACH AMENDING CHAPTER 15.40
(26)
OF THE NEWPORT BEACH MUNICIPAL
CODE PERTAINING TO PHASING OF
DEVELOPMENT.WITH TRAFFIC
IMPROVEMENTS. (Report from
City Attorney)
Volume'40 - Page 206
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
s \LPO\�Np
F
June 9, 1986 '�
ROLL
MINUTES
t:DIZ0
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 86 -45 increasing the
Res 86 -45
fund known as a flash roll from
Flash Roll
$25,000 to $75,000. (Report from
(70)
•
the Police Chief)
(b) Resolution No. 86 -46 amending
Res 86 -46
Resolution No. 9782 pertaining to
Bus Lic Fee
business license fees pursuant to
(27)
Title 5 of the Newport Beach
Municipal Code. (Report from the
License Supervisor)
(c) Resolution No. 86 -47 expressing
Res 86 -47
support for the proposed expansion
Library
of the Newport Harbor Art Museum
(50)
and conditionally supporting the
relocation of the Newport Center
Branch Library to accommodate the
expansion.
3. CONTRACTS /AGREEMENTS:
None.
4. COMMUNICATIONS - For referral as
indicated:
•
(a) To Police Department for response,
letter from Alvin J. and Marilyn R.
PD
(70)
Wicklund, concerning increased
foot /bicycle /roller skating traffic
violations on beachfront sidewalks
at the Newport and Balboa Piers.
(b) To Business Licensing for response,,
Bus Lic
letter from Richard F. Leeds,
(27)
protesting license penalty.
(c) Removed from the Consent Calendar.
I
(d) To Marine Department /City Attorney
Marine
for inclusion in the records,
(51)
letter. from Kim Abeyta, regarding
mooring transfers.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Copy of letter from Randolph J.
Kroenert to Roger Vandergrift,
Treasurer, Newport 2000.
(b) Orange County Local Agency
Formation Commission Preliminary
10
Agenda of June 4, 1986.
Volume 40 - Page 207
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL
ROLL Gtr '15
June 9, 1986
MINUTES
INDEX
(c) Notice of Public Hearings on
Proposed Rate Changes and Amendment
to Application of The California
Public Utilities Commission.
•
6. CLAIMS FOR DAMAGES - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Edna M. Cooper of 3238 Broad
ooper
Street, alleging damage to clothing
as a result of rusty water in sewer
line on April 29, 1986.
(b) Christopher J. Foster alleging
Poster
Mikasa volleyball destroyed by City
Tree Maintenance Truck at 3rd and
Orchid Avenues on May 27, 1986.
(c) Mark Mocciaro seeking value of
Mocciaro
bicycle found in alley at 400 block
east Oceanfront on January 19,
1986, which was subsequently sold
at Police auction.
(d) Douglas E. Montandon alleging
ontandon
damage to home by subcontractor
doing work for City in alley while
removing old asphalt at alley
between 9th and 10th Streets on May
•
1 through May 15, 1986.
(e) Lois M. Prentice alleging loss of
Prentice
antiques due to vibration from
equipment being used in alley by
contractor doing work for City, at
alley between Coral and Apolena
Streets (South Bay) on April 28,
1986 and May 16, 1986.
(f) Marcia Ellen Weatherholt for
Weatherholt
damages, alleging assault, battery,
false. imprisonment, and defamation,
etc., at Newport Beach City Jail on
February 15, 1986.
7. SUMMONS AND COMPLAINTS - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Vera Marie Gamble for damages,
Gamble
Orange County Superior Court, Case
No. 488249. Claim was denied by
City Council on July 8, 1985.
•
(b) June Miller for personal injuries,
Killer
Orange County Superior Court, Case
No. 487509. Claim was denied by
City Council on October 28, 1985.
Volume 40 - Page 208
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
O s o 3 ti ti q
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June 9, 1986
MINUTES
INDEX
(c) Judy (Julia) O'Shaughnessy for
O'Shaughnesy
personal injuries, Orange County
Superior Court, Case No. 43- 33 -13.
Claim was denied by City Council on
January 9, 1984.
8. REQUEST TO FILL PERSONNEL VACANCIES:
(66)
(Report from the City Manager)
(a) One Police Clerk, Administrative
Division, Police Department.
(b) One Police Officer, Patrol
Division, Police Department.
(c) One Animal Control Officer, Patrol
Division, Police Department.
(d) One Laborer, Field Maintenance
Division, General Services.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Report from the Planning Department
UP 2045
regarding complaint of ROBERT DUFF,
(Amended)
dated May 14, 1986, who is
(88)
concerned with the request of the
BUBBLES BALBOA CLUB to amend USE
PERMIT NO. 2045 (AMENDED).
•
Property is located at 109 -111 Palm
Street, on the southwesterly corner
of Palm Street and East Balboa
Boulevard (restaurant site); and
Lot 7, Block 7, Balboa Tract
(off-.site parking lot), in Central
Balboa; zoned C -1.
(b) Report from the City Attorney
-2331
requesting approval of invoice for
(38)
legal services regarding John Wayne
Airport for period May 1 - June 30,
1986, from O'Donnell and Gordon
(C- 2331).
10. Removed from the Consent Calendar.
11. Removed from the Consent Calendar.
12. RESUBDIVISION NO. 825 - Accept the offer
esub 825
of dedication of a 15 -foot radius corner
(84)
cutoff at the corner of Goldenrod Avenue
and Fifth Avenue; accept the offer of
dedication of 10 feet of additional
right of way along the Fifth Avenue
•
frontage for a total width of 60 feet;
the of dedication of 30
and accept offer
feet of right of way along the Goldenrod
Avenue frontage for a total width of 60
Volume 40 - Page 209
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL June 9, 1986
MINUTES
I1�LTO7
feet (portion of Block 93, Irvine's
Subdivision, located at 6000 MacArthur
Boulevard, on the northeasterly corner
of MacArthur Boulevard and East Coast
Highway at Fifth Avenue in Corona del
•
Mar); and approve a subdivision
agreement guaranteeing completion of the
public improvements required with
Resubdivision No. 825; and authorize the
Mayor and the City Clerk to execute said
agreement. (Report from Public Works
Department)
13. RELOCATION ASSISTANCE AND MOVING
Relocation
EXPENSES (BALBOA BOULEVARD WIDENING
Assist/
PROJECT) - Authorize payment of $15,450
Moving Expn
for relocation assistance and moving
(74)
expenses to Terry A. and Aida 0.
McKelvey. (Report from Public Works
Department)
14. Removed from the Consent Calendar.
15. Removed from the Consent Calendar.
16. SPECIAL EVENTS PERMITS - Uphold staff's
Permits/
recommendation; subject to conditions
Spcl Evnts
listed in the reports (attached) from
(65)
Business License Supervisor for the
following:
•
Recommending approval:
(a) Application 1185 -379 - Events
1185 -379
Inc. Car Show for use of
amplified sound at the
Newporter Resort on June 29,
1986.
(b) Removed from the Consent
Calendar.
(c) Application 1186 -144 - Newport
186 -144
Ski Company for sailboard
racing on Monday evenings in
Lido Isle turning basin
(exemption from 11.12.170 MC)
(d) Application 1186 -148 - Kelloggs
186 -148
Frosted Flakes commercial for
filming on public beach on
.June 10 and 11, 1986.
17. BUDGET AMENDMENTS - For approval:
(25)
.
BA -089, $2,000.00 - Transfer in Budget
Appropriations to provide for solid core
doors, hinges, hasps, padlocks, framing,
and sign blanks for beach restrooms;
General Services -Field Maintenance Fund.
Volume 40 - Page 210
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
C d -0 3 S i v
o� ,V6& ��� 9�9 v F-V
pnI I [`91 `I' ��'p �� Z�'P June 9, 1986
MINUTES
INDEX
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from the Planning Department,
Tract 11949
recommending approval of Final Map of
Tract No. 11949, a request of THE BREN
•
COMPANY, Newport Beach, subdividing
16.085 acres of land into five numbered
lots for residential condominium
purposes, five lettered lots for private
open space purposes, two lettered lots
for public recreational purposes and one
lettered lot for private recreational
purposes. Property located at 3400
Fifth Avenue, on the northeasterly side
of Fifth Avenue between Marguerite
Avenue and the Newport Beach City
Limits, in Corona del Mar; zoned P -C,
was presented.
Council Member Hart stated that when
this Senior Housing Project was
considered by the Council at a public
hearing, it was mentioned at that time
that the subject units would sell
between $170,000 and $200,000. However,
since that time she has been informed by
Friends of Oasis that the homes are
$30,000 to $50,000 higher per unit.
Council Member Hart referred to a letter
the Friends of Oasis had received from
The Bren Company outlining the reasons
•
for the price increase, and inquired of
staff if there were anything in the
Conditions of Approval which fixed the
sales price of these units, to which the
Planning Director replied in the
negative.
In view of the foregoing, motion was
Motion
x
made to approve the recommended action
as set forth in the subject report.
Dick Nichols, 519 Iris Avenue, addressed
the Council and stated that when this
item was considered by the Council, a
petition with over 250 signatures
opposing the project was submitted. He
stated that this project consists of
four -plex units, and in his opinion, is
a "bad" development for the City.
The motion on the floor was voted on and
Ayes
x
x
x
x
x
x
carried.
Noes
x
2. Report from the Planning Department,
recommending public hearing scheduling
for June 23, 1986 for:
Volume 40 - Page 211
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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June 9, 1986 C0 L
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MINUTES
41 JIS1 y7
(a) GENERAL PLAN AMENDMENT 85 -1(B) -
GPA 85 -1(B)
Request initiated by the CITY OF
(45)
NEWPORT BEACH, to amend the Land
Use, Circulation, and Recreation
and Open Space Elements of the
•
Newport Beach General Plan, so as
to allow construction of an
additional 1,275,000 sq.ft. of
office uses, 248,000 sq.ft. of
retail and restaurant uses, and 700
residential units on property
located in Newport Center and
various peripheral sites. Also
proposed is a revision to the
Circulation System Master Plan to
delete the Avocado - MacArthur
one - way- couplet and establish
MacArthur Boulevard as a two -way
major arterial roadway; and the
acceptance of an environmental
document;
AND
AMENDMENT NO. 9 TO THE CITY OF
NEWPORT BEACH LOCAL COASTAL
PROGRAM, LAND USE PLAN - Request to
amend the Certified Local Coastal
Program, Land Use Plan, for the
•
Newporter North, Bayview Landing,
and Pacific Coast Highway /Jamboree
Road sites, was presented.
Motion
x
In response to Council Member Strauss,
All Ayes
who was absent at the May 27 City
Council meeting, the staff clarified the
Council's action with regard to GPA
86 -2(A) which will be heard on July 14,
1986, and in view of the foregoing,
motion was made to approve the
recommended action and schedule public
hearing on GPA 85 -1(B) for June 23,
1986.
3. Letter from Richard A. Nichols,
CPA 85 -1(B)
regarding Newport Beach GPA 85 -1(B)
Environmental Impact Reports was
(45)
presented.
Dick Nichols, 519 Iris Avenue, addressed
the Council and discussed his concerns
as set forth in his letter regarding
noise and air pollution, recreation and
open space, and traffic and circulation.
ion
x
Following the above comments, motion was
Ayes
made to refer the subject letter to the
Planning Department for response.
Volume 40 - Page 212
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL ROLL99 �G� 9G,A 99� 9j, c�F
June 9, 1986
MINUTES
nuncv
4. Report from Public Works Department
Tract 11949
regarding Tract No. 11949 /Bond
Substitution for Traffic Signal
Construction at the Intersection of
Marguerite Avenue and Fifth Avenue
•
as required by Resubdivision No. 798,
was presented.
Dick Nichols, 519 Iris Avenue, addressed
the City Council and stated that this
item was never brought to the attention
of the Corona del Mar Community
Association for their input and
comments. He stated that they do not
want a traffic signal at Fifth and
Marguerite Avenues as they do not feel
it will help traffic circulation, and
could be very dangerous. He also
briefly discussed the proposed widening
of Pacific Coast Highway to six lanes at
Marguerite Avenue, which he indicated is
being considered by CAL TRANS.
The Public Works Director stated that
the item before the City Council is
simply a bond substitution from one
corporation to another, guaranteeing
completion of a traffic signal which was
conditionally required in conjunction
•
with the subject project, and is a
safety measure to make sure that funds
are set aside for some type of traffic
improvements at this location when
deemed appropriate.
Motion
x
Motion was made to approve the
All Ayes
subdivision agreement with the Bren
Company guaranteeing completion of
traffic signal improvements required
with Resubdivision No. 798; and
authorize the Mayor and the City Clerk
to execute said agreement; and direct
the City Clerk to release the faithful
performance bond and the labor and
materials bond (Bond No. 52409139).
5. At the request of James Skaug, motion
was made to reconsider Consent Calendar
Item No. F -15 at this time.
Report from Public Works Department,
Encroach
recommending denial of an application to
Permit
replace Ocean Front public sidewalk at
(65)
2306 West Ocean Front with Bouquet
Canyon stone; approve an application for
an encroachment permit to permit
.
existing and minor additional
encroachments into public rights -of -way
at 2306 West Ocean Front, subject to the
Volume 40 - Page 213
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL June 9, 1986
MINUTES
f►rf9WI
execution of an agreement for Encroach
non - standard improvements, and Permit
incorporating conditions established by (65)
the Planning Commission on May 22, 1986,
was presented.
•
James Skaug, applicant, addressed the
Council on behalf of the Portofino
Hotel, protesting denial by the staff of
his application to replace public
sidewalk with Bouquet Canyon stone, and
to construct additional minor
encroachments in the public right of way
adjacent to 2306 West Ocean Front. He
stated that Bouquet Canyon stone is a
slate -type of material which he feels
will enhance the area and the project in
general to a great degree. Their intent
is to install the stone in a mud -set
system which allows them to adjust the
height of the setting bed to develop a
very uniform flush - grouted surface.
With regard to longevity, they feel the
stone will have the same sort of
resistance to abrasion as the paving
used in front of the Doryman Inn. He
submitted pictures of how the Portofino
Hotel will look with its new "fact- lift"
and urged the Council to favorably
consider their request.
•
In response to Council inquiry, the
Public Works Director stated that the
staff is very reluctant to recommend to
the Council that alternate sidewalk
treatments be used, because of problems
with installation, and problems over a
long period of time. The staff is very
supportive of the efforts of this
property owner to upgrade the McFadden
Square area, but none the less, the use
of other materials other than standard
concrete for public sidewalks, in
general, is a problem.
Discussion ensued wherein the staff
pointed out that the implementation plan
study for the Cannery Village /McFadden
Square Specific Area Plan, includes a
street -scape item, and that the issue of
distinctive sidewalk treatments could
perhaps be addressed in that plan.
Motion
x
Following consideration, motion was made
All Ayes
to uphold staff's recommendation and
deny the application to replace Ocean
Front public sidewalk at 2306 West Ocean
•
Front with Bouquet Canyon stone; and
approve an encroachment permit as set
forth in the staff report.
Volume 40 - Page 214
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL\PP cROLL G�J y�9 June 9, 1986
MINUTES
iunry
Motion
x
6. At the request of Council Member
Permits/
Strauss, motion was made to reconsider
Spel Evnts
Consent Calendar Item F -16(b) at this
(65)
time.
•
Report from the Business License
#86 -100
Supervisor, recommending approval of
Application #86 -100 - Concannon's
Horseless Stable for closure of Via
Oporto for car show was presented.
Council Member Strauss noted that the
proposed event will be on Sunday, June
22 from 9:00 a.m. to 5:30 p.m. with the
request that Via Oporto in Lido Village
be closed during that time. He
indicated he had some concerns over
closing the street, inasmuch as the
event is not for a public purpose, and
therefore he did not feel it was a
supportable request.
Motion
x
Following discussion, motion was made to
Ayes
x
deny the subject request, which motion
Noes
x
x
x
x
x
x
FAILED.
Motion
x
In view of the foregoing, motion was
All Ayes
made to approve the application, subject
to the conditions listed in the staff
report.
H. H. ORDINANCES FOR ADOPTION:
None.
I. CONTINUED BUSINESS:
1. Proposed ORDINANCE NO. 86 -5, being,
Ord 86 -5
TOTx/
AN ORDINANCE OF THE CITY OF NEWPORT
Finance
BEACH AMENDING CHAPTER 3.16 OF THE
(40)
NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO UNIFORM TRANSIENT
OCCUPANCY TAX,
presented for second reading with
reports from City Manager dated May 12,
and Assistant City Attorney dated March
17, 1986, Newport Beach Convention &
Visitors Bureau of April 3, and City
Arts Commission of March 24, 1986.
Executive Summary of Newport Beach
Strategic Marketing Plan prepared by the
Newport Beach Convention & Visitors
•
Bureau, dated June 2, 1986.
Volume 40 - Page 215
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL
<*ROLL Gsp �F9 �� yip June 9, 1986
MINUTES
1unpx
The City Manager advised that it was the
Convention & Visitors Bureau intention
to have the City Council approve an
agreement concurrently with second
reading of the proposed ordinance,
•
however, the agreement has not been
prepared, and therefore the Council may
wish to take this item off the agenda
until such agreement is completed.
Motion
x
Following discussion, motion was made to
All Ayes
remove this item from the agenda.
2. Report from Public Works regarding
BAYSIDE DRIVE- JASMINE AVENUE PARKING LOT
Bayside Dr-
AND METERS (C- 2485).
Jasmine Ave
kg Lot/
Petitions and correspondence from May
eters
-2485
12, 1986 Agenda regarding Parking Lot
(38)
Conversion - Bayside Drive between
Jasmine and the alley between Jasmine
and Larkspur in Corona del Mar.
Letter from Diana and Robert Long in
support of retaining the park, and copy
of letter from Dee Masters, in support
of additional parking for Corona del Mar
area.
•
The City Clerk reported that after the
agenda was printed, additional letters
and petitions protesting the conversion
of the subject park into a parking lot
were received. In addition, just prior
to the Council meeting, a letter was
received from Newport Heights Community
Association, also in favor of having the
area remain the same.
It was noted that the staff had
prepared two alternative conceptual
plans since this item was before the
Council on May 12, 1986, plus cross
sections. The first alternative
includes (1) constructing a 24 -stall
parking lot on the paseo parcel, (2)
constructing a 7 -foot wide landscape
planter along Bayside Drive and
Marguerite Avenue to Pacific Coast
Highway, (3) revising the parking layout
in the existing lots to align with the
new lot and to accommodate the landscape
planter, (4) repaving the existing lots,
(5) installing parking meters and
low - intensity, high - pressure sodium
lighting at each half block along the
.
Bayside Drive planters, and (6)
Volume 40 - Page 216
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL -0% ROLL June 9, 1986
MINUTES
Vk 11Wq
providing irrigation system provisions Bayside Dr-
and modifications such that Parks Jasmine Ave
Department forces can readily install Pkg Lot/
landscape materials upon the completion Meters
•
of construction. C -2485
(38)
The effect of first alternative is to
increase the net number of off - street
parking stalls by 21, while at the same
time increasing the net landscaping area
of the parcel and the existing lots by
approximately 250 square feet.
Alternative 2 includes (1) constructing
an 18 -stall parking lot on the paseo
parcel such that no more than three
trees will have to be removed from the
parcel; (2) constructing a retaining
wall along the northerly side of the
parcel to permit the parking lot to be
shifted away from Bayside such that the
maximum number of trees may be retained,
(3) constructing a 1211- foot -wide
landscape planter along Bayside Drive to
Larkspur Avenue, and a 7 -foot -wide
planter from Larkspur Avenue to Pacific
Coast Highway, (4) revising the parking
layout in the existing lots to
accommodate the new planters, (5)
repaving the existing lots, (6)
installing parking meters and
.
low- intensity, high - pressure sodium
lighting at each half block along the
Bayside Drive planters, and (7) proving
irrigation system provisions and
modifications such that Parks Department
forces can readily install landscape
materials upon the completion of
construction.
The effect of the second alternative is
to increase the net number of off - street
parking stalls by 15, while at the same
time saving some of the existing paseo
trees and increasing the net landscaped
area of the parcel and the existing lots
by approximately 1,150 square feet.
The estimated cost of the additional lot
is $30,500 for Alternative 1, and
$41,500 for Alternative 2. Refurbishing
and improving. the existing parking areas
is estimated to cost $49,000.
The Public Works Director explained the
two alternative plans which were on
•
display.
Volume 40 - Page 217
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL June 9, 1986
MINUTES
ifTni
The following persons appeared before Bayside Dr-
the Council. in favor of the proposed Jasmine Ave
parking lot:: Pkg Lot/
Meters
Dee Masters, 140 Fernleaf -2485
•
Jean Kiger, 311 Heliotrope (38)
Luvena Hayton, 235 Poppy Avenue
The following persons addressed the
Council in opposition to the proposed
parking lot:
Ron Covington, 707 Orchid Avenue
Nancy Gardner, 323 Jasmine Avenue
Phil Sansone, 215 Marguerite Avenue
Shirley Conger, 3033 Bayside Drive
Nancy Phelps, 619 Narcissus Avenue
J.P. Ingram, 319 Jasmine Avenue
Motion
x
Following discussion, motion was made to
approve Alternative No. 2, (Exhibit B)
without the installation of parking
meters at this time, and to direct staff
to complete plans and specifications for
the proposed parking lot improvements.
Council Member Cox indicated he would
support the motion because of the need
for parking in Corona del Mar.
on
x
Council Member Strauss stated he could
not support either of the Alternative
plans, inasmuch as the site has been
used as a park by residents in the area,
and there has not been a definite need
shown that parking is needed in the
subject area. He stated he did not feel
he could justify a parking lot at this
location, and therefore made a
substitute motion to leave the site
unchanged.
Council Member Hart stated that when she
served on the Parks, Beaches and
Recreation Commission, the Commission
recognized the subject area as a park
and landscaped it as such. However, if
the site is going to remain.a green -belt
area, then she felt it should be rezoned
to reflect that designation. She also
felt that the residents who live in the
area want to hear from the City Council
that the residential area on Jasmine
Avenue will remain as residential.
on
x
Council Member Hart also stated that one
of the keys to success in a small
business is sufficient parking, and
therefore made a second substitute
motion to close off the curb cut on
Jasmine Avenue, and include trees at the
Volume 40 - Page 218
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL `n ROL L
9GiP �i�FA 9Fp y�9
June 9, 1986
Ayes
Nf#
Ayes
Noes
All Ayes
Green
Red
•
Green
Green
Red
•
Green
MINUTES
e
d
Bd
ty Arts
Cmsn
southwest corner, thereby decreasing ti
parking spaces to approximately fifteer
x
x
x
Following discussion of the second
X
x
x
x
substitute motion, the motion was vote
on and FAILED.
x
x
The first substitute motion, as made by
x
x
x
x
x
Council Member Strauss, was voted on at
FAILED.
The motion on the floor, as made by
Council Member Agee, was voted on and
carried.
3. APPOINTMENTS TO BOARDS AND COMMISSIONS:
After determining the method of voting,
the following appointments were
confirmed:
BOARD OF LIBRARY TRUSTEES
x
x
x
x
x
x
Jean Kiger was assigned the green light
and
x
Phyllis Drayton was assigned the red
light.
Jean Kiger was re- appointed to a
4 -year term ending June 30, 1990.
CITY ARTS COMMISSION
x
x
x
x
x
x
x
Carl Neisser was assigned the green
light.
It was pointed out that there was not a
second nominee for this position
inasmuch as Carl Neisser had just been
appointed on April 28, 1986.
Carl Neisser was re- appointed to a
4 -year term ending June 30, 1990.
CIVIL SERVICE BOARD
(Council appointee)
x
x
x
Paula Godfrey was assigned the green
light; and
X
x
x
x
Albert Graham was assigned the red
light.
Albert Graham was appointed for a
4 -year term ending June 30, 1990.
PARKS, BEACHES AND RECREATION
COMMISSION
X
x
x
x
x
x
x
John Konwiser was assigned the green
light; and
Volume 40 - Page 219
MINUTES
e
d
Bd
ty Arts
Cmsn
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
c s o \%p S S v
of 99 �GROLL CAL 0' y�9 June 9, 1986
MINUTES
11,`703* 4
Red
Raymond Melissa was assigned the red
light.
John Konwiser was re- appointed for
a 4 -year term ending June 30, 1990.
*en
x
x
Taylor Grant was assigned the green
light; and
Red
x
x
x
x
x
Virginia He.rberts was assigned the red
light.
Virginia Herberts was appointed for
a 4 -year term ending June 30, 1990.
PLANNING COMMISSION
Planning
Cmsn
Green
x
x
x
x
Harr Merrill was assigned the green
Y 8 g
light; and
White
x
James Warren was assigned the white
light; and
Red
x
x
Gary Pomeroy was assigned the red light.
Harry Merrill was appointed for a
4 -year term ending June 30, 1990.
4. BICYCLE TRAILS CITIZENS ADVISORY
T /CAC
COMMITTEE:
On
A Ayes
x
Motion was made to confirm (District 4)
Council Member Heather's appointment of
Bob Caminiti to fill the unexpired term
of Thomas M. Fish, ending December 31,
1986.
J. CURRENT BUSINESS:
1. SAN JOAQUIN HILLS ROAD IMPROVEMENTS AND
JH Rd
MEDIAN LANDSCAPING - MARGUERITE AVENUE TO
Impry &
SPYGLASS HILL ROAD (C- 2516),
edian
ndscpng
Report from Public Works Department, was
-2516
presented.
(38)
The Public Works Director summarized his
report noting that the 1985 -86 budget
provides funds for the landscaping of
the San Joaquin Hills Road median area
between Marguerite Avenue and Spyglass
Hill Road. Funds are also provided for
the completion of the roadway
improvements between the existing curb
on the northerly side and the median
•
area. The project was budgeted in
response to requests from the adjoining
associations to improve the appearance
of the area which has been set aside for
Volume 40 - Page 220
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
C'0 d� \kP'J''% ROLL CAL 9 F9 y�9 June 9, 1986
MINUTES
lEmai3TJ
the future construction of San Joaquin
SJH Rd
Hills Road.
Impry &
Median
The roadway improvements to be
Lndscpng
constructed with this proposed project
C -2516
•
will include constructing the northerly
(38)
one -half of San Joaquin Hills Road at
the same width as the existing southerly
one -half (42 feet). The median will be
16 feet wide and landscaped the same as
the section between Marguerite Avenue
and San Miguel Drive.
At the time the project was being
explained to representatives of the
Spyglass Hill and Spyglass Ridge
Community Associations, the staff
provided the Associations with copies of
the GPA 85 -1(B) memos to the Planning
Commission, which, among other things,
discussed recommended changes to the
Circulation Element. One such change
that was recommended was the
reclassification of San Joaquin Hills
Road easterly of Spyglass Hill Road from
a major arterial (6 lanes divided) to a
primary arterial (4 lanes divided). The
Spyglass Hill Association letter was
written under the assumption that this
change would be made and that San
•
Joaquin Hills Road easterly of Spyglass
Hill Road would not be built until the
last phase of the Newport Center
development.
The Associations are anxious to get the
proposed improvements under way, but are
also quite concerned that the
construction might lead to the future
construction of San Joaquin Hills Road
easterly of Spyglass Hill Road at major
arterial standards (6 lanes divided).
The design plans for San Joaquin Hills
Road between Marguerite Avenue and
Spyglass Hill Road provide for the
roadway to be striped to accommodate
four lanes of traffic; however, the
curb -to -curb width of roadway is the
same as that westerly of Marguerite
Avenue and will accommodate six lanes.
To handle Item 1 in the Spyglass Hill
Association letter it is suggested that
the City Council require that a public
hearing be held prior to any restriping
of San Joaquin Hills Road between
.
Marguerite Avenue and Spyglass Hill Road
that would allow for six lanes.
Volume 40 - Page 221
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL ROLL
Gds June 9, 1986
MINUTES
INDEX
Douglas Wood, 3800 Inlet Isle,
SJH Rd
representing Spyglass Hills Community
Impry &
Association, addressed the Council and
Median
stated that they are in strong support
Lndscpng
of the proposed improvements to this
C -2516
•
segment of San Joaquin Hills Road.
(38)
However, they would suggest, as
recommended by staff, that the City
Council require that a public hearing be
held prior to any restriping of this
roadway beyond the two lanes per
direction.
The following persons also addressed the
Council in support of the proposed road
improvements (4 lanes only - two in each
direction):
Luvena Hayton, 235 Poppy Avenue
Terry Stahl, President, Spyglass
Ridge Homeowners Association
Dick Nichols, 519 Iris Avenue,
representing Corona del Mar
Community Association Board of
Directors
Motion
x
Following consideration, motion was made
All Ayes
to accept the Negative Declaration of
Environmental Impact; approve the plans
and specifications; and authorize the
City Clerk to advertise for bids to be
opened at 11:00 a.m. on July 15, 1986,
with the provision that a public hearing
be held prior to any restriping of San
Joaquin Hills Road between Marguerite
Avenue and Spyglass Hill Road that would
allow for six lanes.
K. ADDITIONAL :BUSINESS:
Motion
x
1. Motion was made to authorize a
Ofshr Oil
All Ayes
representative of the City Council to go
Drilling
to Washington, D.C. on June 16 or 24,
1986, relative to Off -Shore Drilling.
Meeting journea'_at 11:30 p
Mayor
ATTEST:
,O
City Clerk
Volume 40 - Page 222