HomeMy WebLinkAbout06/23/1986 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
\C0 0 2i s 5 9 REGULAR COUNCIL MEETING
99A cPLACE: Council Chambers
d, TIME: 7:30 P.M.
DATE: June 23, 1986 f61nGy
Present
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A. ROLL CALL.
Motion
x
B. The reading of the Minutes of the
All Ayes
Meeting of June 9, 1986, was waived,
approved as written, and ordered filed.
Don
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
UP 3122
and City Council review of an appeal by
(88)
attorneys for Roland Vallely 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. 312-2 -
(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,
dated June 9, 1986 and appeal, was
presented.
The City Clerk advised that after the
printing of the agenda, a letter was
received from Lowell C. Martindale, Jr.,
Attorney representing the Vallely Family
Trust, stating they wish to withdraw
their appeal as they have been able to
reach an agreement with Edgewater Place.
Motion
x
Hearing no one desiring to address the
All Ayes
Council on. this item, motion was made to
close the public hearing and accept
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withdrawal. of the appeal as requested.
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COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
June 23, 1986
MINUTES
INDEX
GPA 85 -1(B)
(45)
2. Mayor Maurer opened the public hearing
regarding:
GENERAL PLAN AMENDMENT 85 -1(B) - Request
initiated by the CITY OF 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 140. 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.
Report from the Planning Department was
presented.
Letter from Orange County Environmental
Management Agency regarding draft
Environmental Impact Report for General
Plan Amendment 85 -1(B) for Newport
Center and Peripheral Sites was
presented.
Letter from Edward P. Benson supporting
General Plan Amendment No. 85 -1(B) was
presented.
The City Clerk reported that after the
agenda had been printed, six additional
letters were received regarding the
proposed General Plan Amendment from the
following:
(1) SPON
(2) Newport Harbor -Costa Mesa Board of
Realtors
(3) Douglas Wood & Associates
(4) Friends of Newport Bay
(5) Newport Heights Community
Association
(6) Western Center on Law and Poverty
Volume 40 - Page 224
INDEX
GPA 85 -1(B)
(45)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL \0\�Mp ROLL F9 June 23, 1986
MINUTES
INDEX
Patricia Temple, Environmental
GPA 85 -1(B)
Coordinator, addressed the Council and
(45)
stated that the General Plan Amendment
under consideration at this time was the
subject of three public hearings held by
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the Planning Commission in March, April
and May of this year. In reviewing the
various proposals associated with the
General Plan Amendment, several issues
were considered, including the balance
of community and residential
development, community facilities, and
traffic and circulation. The project
being recommended to the City Council by
the Planning Commission is the original
plan proposed by The Irvine Company as a
framework, with revised plans and
components to achieve an overall project
which balances the uses within the
Center and provides several community
facilities requested during the public
hearing process.
Ms. Temple advised that the changes
recommended by the Planning Commission
include a change in Newport Village from
a major office site to a residential
use, a reduction of restaurant use on
Bayview Landing, an increase in retail
development in Fashion Island in order
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to accommodate major tenant expansion,
addition of a day care center and an
athletic club within the plan, and
preservation of open space and cultural
resources on Bayview Landing, Newporter
North and Westbay, and Fire Station
reservation on San Diego Creek North.
Ms. Temple reviewed the Land Use
proposals on an individual basis as
depicted on an aerial photograph on
display for the following sites in
Newport Center:
(1) Fashion Island
(2) Block 600
(3) Civic. Plaza Expansion
(4) Block 800
(5) PCH /Jamboree
(6) Corporate Plaza West
(7) Newport Village
(8) Avocado /MacArthur
(9) Big Canyon /MacArthur
(10) Bayview Landing
(11) Newporter North
(12) Westbay
(13) San Diego Creek North
San
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It was also pointed out with respect to
CPA 85 -1(B)
affordable housing, that thirty percent
(45)
(30 %) of the total dwelling units
constructed on all sites shall be
affordable to low and moderate income
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families, and that the term of
affordability shall be 20 years from the
date of initial occupancy.
Ms. Temple further noted that contained
in the staff report is a review of the
Planning Commission's recommendation and
a description of the formal responses of
The Irvine Company. Clarification of
the Planning Commission's intent in
regards to MacArthur Boulevard
improvements has also been prepared for
Council's information.
Mr. David Neish, representing The Irvine
Company, addressed the Council and
introduced Mr. Tom Nielsen, President of
The Irvine Company, who presented the
plan for completion of Newport Center.
Mr. Nielsen stated that Newport Center
is nearly 20 years old, and they believe
it is time to upgrade the Center, to
make it responsive to changing community
needs for the next 20 years, and to
fulfill the: original goal of making
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Newport Center the "Town Center" for the
Newport Beach Community. He stated they
generally concur with the Planning
Commission proposal as it incorporates
the several. objectives they had in mind
when they began their comprehensive plan
for the completion of Newport Center
over two years ago. Those objectives
are:
(1) Make Newport Center more of a
community focal point by providing
a greater variety of goods,
services, activities and
residential opportunities in an
exciting architectural setting.
(2) Resolve long standing planning,
transportation, and housing issues
for Newport Center and peripheral
sites„
(3) Complete the undeveloped parcels in
and around Newport Center and
upgrade existing uses so as to
.
insure the long -term vitality and
economic viability of the Center.
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June 23, 1986
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(4) Provide for a continuing strong
GPA 85 -1(B)
balance of mutually- supportive land
(45)
uses and activities including
residential, office, retail,
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recreational, and cultural.
(5) Improve transportation, by
completing the City's arterial
system in and around the Newport
Center area, by contributing to
regional transportation solutions
through the construction of Pelican
Hill Road, and by implementing
transportation system management
techniques, such as the
experimental shuttle, van pools,
flex hours, through an on site
coordinator.
Mr. Nielsen stated that as has been
indicated by staff, the plan before the
Council tonight is not the same plan
they originally submitted. Over the
past year they have been meeting with
and listening to their residential
neighbors and the business community.
Many ideas and suggestions were offered.
In more than 30 separate meetings with
community groups and three Planning
Commission public hearings, they have
heard that people want the City's road
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system to be implemented; they want a
greater variety of shopping and
entertainment opportunities in Fashion
Island; and they want identifiable
cultural and community amenities in
Newport Center. In working with staff
and the Planning Commission, they have
also heard the City's specific goals for
increased housing opportunities in the
community. The plan before you tonight
they believe meets all these objectives.
Mr. Nielsen discussed the proposed
expansion of retail opportunities in
Fashion Island, the new restaurant uses
on the Bayview Landing site, which also
includes a new park, their major
commitment to new residential housing
and the proposals for a cultural
facility, day care facility, and health
club. They are also working with the
Restaurant Association and the PTA to
provide the? opportunity for a "Teen
Center" at one of the four restaurant
sites they are requesting at Bayview
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Landing.
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MINUTES
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In concluding his remarks, Mr. Nielsen
GPA 85 -1(B)
discussed transportation improvements
(45)
which are made possible by the plan,
pointing out that a major component of
the road program is the construction of
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Pelican Hill Road, providing a by pass
around Corona del Mar for regional
through traffic. They are committed to
implementing Pelican Hills Road at the
earliest possible time, and have
submitted preliminary plans for the
profile and alignment of the road to the
County for review and approval.
Assuming General Plan approval for
Newport Center, they expect to be under
construction with Pelican Hills Road a
year from now. With respect to major
road improvements around Newport Center
itself, they do not feel the completion
of Newport Center generates the need for
MacArthur Boulevard to be expanded to
eight lanes between Ford Road and Bonita
Canyon Road. The extension of San
Joaquin Hills Road to Pelican Hills Road
is also included. They intend to
construct this road as early as
possible.
Mr. Nielsen also commented that their
company will also contribute to various
intersection improvements as needed to
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improve traffic flow. In addition, they
have met with members of the Mariner's
Mile Association and nearby residents.
While they are not proposing specific
transportation improvements for Pacific
Coast Highway in this area, they are
proposing contributions toward
improvements and are committed to
working with the Mariner's Mile
Association, residents, and the City on
implementing improvements.
In conclusion, Mr. Nielsen noted that
the intensity of the proposed plan is
significantly less than the allowed
intensities in other areas of the City,
such as Corona del Mar and areas north
of Bristol Street. Their goal for
Newport Center has been to create
balance, not intensity, in order to
ensure the Center's viability in the
coming decades. The new development
will contribute more than $1 million per
year in surplus tax revenue (over and
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above the cost of providing public
services). He stated he hoped the
Council would agree that Newport Center
should remain a place of diversity and
vitality and that it should fulfill its
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original vision as the "Town Center" for
GPA 85 -1(B)
Newport Beach.
(45)
Mr. Neish addressed the Council again
and stated that there are two areas they
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wish to take issue with regarding the
Planning Commission's recommendations,
i.e. (1) Bayview Landing and (2)
dedication of the Westbay site.
With regard to Bayview Landing, Mr.
Neish commented that this is a 20 acre
parcel, and because of its location and
proximity to Upper Newport Bay, they
thought it highly desirable for
restaurant uses. Their original
proposal was for 60,000 square feet with
up to six restaurants in operation.
Subsequently, they refined their plan
and requested Planning Commission's
consideration of 35,000 square feet for
four restaurant sites. The Planning
Commission voted to recommend 25,000
square feet total, with no restaurant
uses to be located on the upper level of
the parcel. They believe that the
City's.goal for view preservation,
public access, and a new view park can
be accommodated in conjunction with
their proposed development plans.
Restaurant uses on the upper level of
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the site will be located and designed so
as to preserve the existing views of the
bay. They will construct a view park at
the expense of The Irvine Company. They
are requesting City Council
consideration for a total of 35,000
square feet which would permit two
restaurants on the upper level and two
restaurants on the lower level,
including the proposed Teen Center.
Pertaining to dedication of the Westbay
site, Mr. Neish stated that The Irvine
Company feels that the dedication
requirement is somewhat premature, and
that it is basically not associated with
this General Plan Amendment request.
They feel that the issues regarding the
ultimate use of the Westbay parcel
should be resolved through future
discussions with the City and County of
Orange over the feasibility of
establishing an Upper Bay Regional Park,
and would encourage those discussions to
take place, but.not in conjunction with
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Newport Center.
Regarding the subjects of affordable
housing and residential phasing, Mr.
Neish commented that The Irvine Company
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concur's with the staff's
GPA 85 -1(B)
recommendations on both of these key
(45)
items.
In conclusion, Mr. Neish described the
•
proposed major landscape improvements,
and their locations, in conjunction with
this General Plan Amendment. He also
discussed the improvement of Pelican
Hills Road as referenced by Mr. Nielsen.
The following persons appeared before
the Council in favor of General Plan
Amendment 85 -10):
Audrey Moe, 4518 Roxbury Road,
representing the Natural History
Foundation of Orange County
Dorothy Hardcastle, 507 "J" Street,
representing Board of Directors of
Speak Up Newport (SUN)
Ronald E. Robison, 23 Tiburon Bay
Drive
William Hamilton, President,
Newport Harbor Area Chamber of
Commerce
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Jane Boyd, 2512 Lighthouse Lane,
representing Newport Harbor -Costa
Mesa Board of Realtors
Chuck Colesworthy, 450 Vista Roma
Avenue:
Patti - -Gene Sampson, 1942 Santiago
Drive;, Chairperson, City Arts
Commission
Ray J. Johnson, One Trafalgar,
President, Newport Harbor Art
Museum Board of Trustees
John Konwiser, President, Irvine
Terrace Community Association
Mary L. Richmond, 1307 Seacrest
Drive
Pam Howard, 1827 Tahuna Terrace
Angela Monroe, 1104 Dolphin Terrace
Ed Luse, 02 Fashion Island
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Karen Evarts, 426 Piazza Pido,
Chairperson, Library Board of
Trustees
Volume 40 - Page 230
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Dee Masters, 140 Fernleaf Avenue,
GPA 85 -1(B)
representing Corona del Mar Chamber
(45)
of Commerce (submitted letter)
Richard Marowitz, 2719 Setting Sun
Drive, President, Newport Center
Association (submitted copy of
resolution adopted by Association)
Ray Watson, 2501 Alta Vista Drive
Norma J. Glover, 450 Santa Ana
Avenue
William P. Ficker, 522 W. Ocean
Front (submitted letter)
Lee Spencer, 3716 Ocean Boulevard
Michael Shea, 260 Newport Center
Drive
Chuck Hirsch, 4141 MacArthur
Boulevard, former member of City's
Transportation Committee (submitted
letter)
James Bailey, 2301 Margaret Drive
Vin Jorgensen, 1533 Antigua Way
Barbara Aune, 1800 Antigua Circle
Jim Dale, 118 Apolena Avenue,
representing Villa Nova Restaurant
The following persons addressed the
Council in opposition to the proposed
General Plan Amendment:
Jackie Pirkle, 216 Onyx,
representing SPON (submitted
letter)
Ron Covington, President, Corona
del Mar Community Association
(submitted letter)
Allan Beek, 1945 Sherington Avenue
Dick Nichols, 519 Iris Avenue
(submitted copy of map showing 1980
Traffic Flow)
Karen Harrington, President,
Newport Heights Community
.
Association (submitted letter)
Susan Doering, 2627 Blackthorn
Street, President, East Bluff
Community Association
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Susie Ficker, 110 9th Street
GPA 85 -1(B)
(supports cultural facilities only)
(45)
In response to comments made by Ms.
Pirkle regarding the EIR and inclusion
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of SPON's comments in said EIR, the
Environmental Coordinator responded that
previous correspondence received from
SPON was under the letterhead of their
legal counsel in San Francisco, and
therefore, a copy of the City's
responses to comments were forwarded to
that office.
In response to the amount of development
which would be permitted in the "down
coast" area prior to construction of
Pelican Hills Road, the Planning
Director stated that there is a certain
amount of development that The Irvine
Company would be allowed to construct
prior to construction of Pelican Hills
Road. Said development would be limited
to a certain number of dwelling units
and a certain number of hotel rooms.
Above and beyond that first threshold,
the construction of Pelican Hills Road
would be required.
In reply to inquiry of Mrs. Doering
regarding the EIR, the City Attorney
advised that pursuant to State
guidelines, the law states that a draft
EIR shall be prepared directly by, or
under contract to, the lead agency. In
essence, the City either prepares the
document in- house, or contracts with a
consultant, which was done in this case.
Therefore, it is the City's
Environmental Document and not The
-
Irvine Company's.
J. Leslie Steffensen, Cameo Highlands
Drive, addressed the Council and spoke
neither for or against the proposed
General Plan Amendment. He expressed
his support of representative
government:, and indicated he felt the
City Council would make the "right"
decision with regard to the proposed
development.
Frank Robinson, 1007 Nottingham Road,
representing Friends of Newport Bay,
addressed the Council regarding the
development of lands which may impact
Upper Newport Bay ecological reserve, as
enumerated in their letter of June 23,
1986.
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In response! to the concerns addressed in
GPA 85 -1(B)
the above letter, Fred Talarico,
(45)
Consultant, stated that he has suggested
two different 100 foot setbacks
regarding the Newporter North and John
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Wayne Gulch sites; one which deals with
the geological stability and the other
which pertains to biological setback.
The Environmental Coordinator pointed
out that the site in question is the
Newporter North parcel, and includes a
bluff and biological resource area on
the edge next to Newport Bay, and also
an area commonly called John Wayne
Gulch. The 100 foot setback is measured
from the biological resources which
along the bluff face constitutes the top
of the bluff. In terms of John Wayne
Gulch, the setback is from the actual
location of biological resources which
may be somewhat lower than the top of
the bluff.
Mr. Robinson stated he accepted the
clarification which defines the
biological resource as the top of the
bluff, and stated he had no further
comments.
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In response to water quality of the bay
referred to by Ms. Ficker, Mr. Talarico
stated the subject was addressed in the
EIR. He introduced James W. Anderson,
Attorney, and former member of the State
Water Quality Control Board, Santa Ana
Region, who stated that the water
quality near the Bahia Corinthian Yacht
Club and the Balboa Yacht Club has been
a concern of the Board for sometime now
and therefore they conducted studies of
the bacteriological quality of the bay.
The City of Newport Beach has done
considerable work on siltation and
drainage control, however, the issues
relative to the bay need to be addressed
further by the Board and he believes
those studies are being continued. He
noted that the studies of the Board and
the County Health Department do show
that Newpert Beach is bacteriologically
safe and meets the standards for body
contact recreation during the Summer
months.
Marian Rayl, 426 San Bernardino,
addressed the Council and requested
clarification regarding the construction
of Pelican Hills Road. She also asked
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"is it really necessary that there be
GPA 85 -1(B)
'total' buildout of Newport Center for
(45)
The Irvine Company to assist the City in
its cultural and community needs ?"
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The Environmental Coordinator, in
response to the above question regarding
Pelican Hills Road, advised that
pursuant to the EIR, the numbers that
triggered the need for Pelican Hills
Road in The Irvine Company's coastal
development, is 150 residential units
and 300 hotel rooms. In terms of The
Irvine Company's development itself, the
proposed construction of Pelican Hills
Road is a 6 -lane major arterial roadway
which will be a 6 -lanes divided roadway.
In addition, Sand Canyon would also be
developed in conjunction with the
development as a 2 -lane road.
Douglas Wood & Associates, 3800 Inlet
Isle, representing Spyglass Hill and
Spyglass Ridge Community Associations,
addressed the Council and stated that
both of their Associations are
"generally supportive" of the proposed
General Plan Amendment. However, their
major concern is San Joaquin Hills Road,
and would like to suggest the following
revisions to the Planning Commission's
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Conditions of Approval:
(1) That Pelican Hills Road be
completed from Coast Highway to
MacArthur Boulevard prior to the
extension of San Joaquin Hills
Road.
(2) That the extension of San Joaquin
Hills Road be a 4 -lane primary
arterial from its current terminus
to Pelican Hills Road.
(3) That dedication of necessary
right - -of -way occur to accommodate
San Joaquin Hills Road to a 6 -lane
in the event of the need arising
for its widening.
(4) That there be an initiation of an
amendment to the Circulation
Element of the General Plan to
redesignate San Joaquin Hills Road
as a primary arterial, 4 -lanes
divided, between Marguerite and
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Pelican Hills Road.
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Grace Secketa, representing County of
GPA 85 -1(B)
Orange Environmental Management Agency,
(45)
Parks & Recreation, addressed the
Council and requested that the Westbay
site not only be designated as
•
Recreation and Open Space in the
proposed General Plan Amendment, but
also that dedication to the Orange
County Harbor, Beaches & Parks District
be required.
Barry L. Allen, 1021 White Sales Way,
representing Harbor View Hills
Homeowners Association, addressed the
Council and stated that their
Association has reviewed the proposed
General Plan Amendment and are in favor,
with the exception of the staff's
recommendation regarding the widening of
MacArthur Boulevard. Their Association
voted unanimously that MacArthur
Boulevard be widened to only 4
thru- lanes„ and "that is all." They
believe that if MacArthur Boulevard is
widened from 4 -lanes to 6- lanes, then
there will be 6 -lanes to 4 -lanes at
Coast Highway which will encourage
6 -lanes thru Corona del Mar.
Motion
x
Hearing no others wishing to address the
yes
Council at this time, motion was made to
continue the public hearing to July 14,
1986.
With regard to this item, the staff was
requested to bring back additional
information at the next meeting
pertaining to:
(1) Traffic Improvements -
(intersection impacts in
Corona del Mar as a result of
General Plan Amendment and
Pelican Hills Road)
(2) Sales Tax - (revenue
projections in terms of retail
sales from General Plan
Amendment)
(3) Day Care Center - (some type
of guarantee that a Day Care
Center will be included in the
overall plan)
(4) Employee Housing Demand - (how
is it absorbed in surrounding
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areas)
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INDEX
GPA 85 -1(B)
(45)
(5) 1'raffic Management Plan -
('ride sharing, etc., how
extensive)
(6) Traffic Improvements -
(estimated cost if Council
approves recommendation of
Planning Commission)
(7) San Joaquin Hills Road /Pelican
Hills Road - (tie -in time
frame)
(8) park Credits - (status with
respect to this General Plan
Amendment)
(9) Quality of Life Recommendation
•- (staff response to the
Committee's recommendation
that the EIR not be certified)
(10) Police Protection, Water,
Sewers, Libraries, etc. -
(estimated cost revenue impact
as a result of General Plan
Amendment)
(11) MacArthur Boulevard - (should
evaluate Poppy, Fifth and
Marguerite Avenue at the same
time MacArthur Boulevard
widening is evaluated)
(12) Pelican Rills Road - (impact
on PCH in Corona del Mar when
coastal development completed)
(13) Pedestrian /Bicycle Overpass -
(evaluate the feasibility of
an overpass that would go over
MacArthur Boulevard in the
vicinity of Harbor View Hills
Drive and San Miguel)
(14) One -Way Couplet - (discussion
of adequacy of two -way
MacArthur vs. one -way couplet)
Council Member Agee made reference to
SPON's letter of June 16, 1986, which
suggested that an advisory committee be
formed of representatives from
.interested homeowners associations in
the City to consider the impact of this
General Plan Amendment, and stated that
in his opinion, the City Council is such
a committee, inasmuch as Council Members
are elected by the voters and represent
Volume 40 - Page 236
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GPA 85 -1(B)
(45)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL \��p 9 Gc�F ROLL Get yF9 June 23, 1986
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seven different areas. He also felt
that the City.Council has an obligation
to not delegate that responsibility.
•
3. Mayor Maurer opened the public hearing
acation/
regarding VACATION AND ABANDONMENT OF A
Abdn Swr
PORTION OF A. 10 -FOOT EASEMENT FOR WATER
smt -Poppy
PURPOSES AS DESCRIBED IN A DEED TO THE
Ave
CITY OF NEWPORT BEACH RECORDED IN BOOK
(90)
13602, PAGE 1043 OF OFFICIAL RECORDS OF
ORANGE COUNTY (Blocks 95 and 96 of
Irvine's Subdivision filed in book 1,
page 88 of Miscellaneous Record Maps,
County of Orange (southerly of Tract
6425 and northerly of Poppy Avenue).
Report from Public Works Department was
presented.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to adopt Resolution No.
es 86 -48
kl l Ayes
86 -48 ordering the vacation of a portion
of a 10 -foot easement for water
purposes; and direct the City Clerk to
have the resolution recorded by the
Orange County Recorder after the
existing water main has been relocated
to the satisfaction of the Public Works
Department.
E. PUBLIC C0141ENTS:
1. Susie Ficker, 110 9th Street, addressed
the Council and suggested the City's
ordinance regulating noisy construction
be amended so that work cannot commence
before 8 a.m., particularly during the
Summer months.
It was indicated by the Mayor that Ms.
Picker's request would be considered at
a future study session.
2. Council Member Heather announced that
she will not be seeking re- election in
November, stating she has been involved
with the City for 15 years and is proud
of what she has accomplished during that
time.
F. CONSENT CALENDAR:
on
x
The following actions were taken as _.
Ayes
indicated, except for those items
removed:
Volume 40 - Page 237
CITY OF NEWPORT .BEACH
COUNCIL MEMBERS
\CALROLL sf �fl �� June 23, 1986
MINUTES
INDEX
i
1. ORDINANCES FOR INTRODUCTION - Pass to
second reading on July 14, 1986:
(a) Removed from the Consent Calendar.
•
(b) Proposed ORDINANCE NO. 86 -22.
Ord 86 -22
being,
(62)
AN ORDINANCE OF THE CITY OF
NEWPORT BEACH AMENDING
MUNICIPAL CODE BY DELETING
SECTION 11.08.060, PICNICKING
ON BEACHES (Report from the
Assistant City Attorney)
(c) Proposed ORDINANCE NO. 86 -23,
Ord 86 -23
being„
(21)
AN ORDINANCE OF THE CITY OF
NEWPORT BEACH APPROVING
REDEVELOPMENT PLAN FOR SANTA
ANA HEIGHTS PROJECT AREA.
(Report from Executive
Assistant)
2. RESOLUTIONS FOR ADOPTION:
(a)- Resolution No. 86 -49 adopting
Res 86 -49
regulations for candidates for
Rgltn for
elective office pertaining to
Candidates
candidates statements submitted to
for Electiv
•
the voters at an election to be
Ofe
held on Tuesday, November 4, 1986.
(39)
(b) Resolution No. 86 -50 establishing
Res 86 -50
the salaries for management and
Key Employe
other key employees for Fiscal Year
(66)
1986 -87 and amending City's
Classification and Compensation
Plan to reflect said changes.
(Report from the City Manager with
resolution)
(c) Resolution No. 86 -51 establishing
Res 86 -51
salaries for temporary and seasonal
Temporary/
classifications.
Seasonal
(66)
(d) Resolution No. 86 -52 adopting the
budget for the 1986 -87 Fiscal Year.
Res 86 -52
Budget
3. CONTRACTS /AGREEMENTS:
(25)
(a) DESILTING BASIN MODIFICATION AND
Desilting
CONTRACTOR'S STORAGE YARD - Award
Basin
Contract No. 2553 to FAV
Mdfctn
Engineering for the total price of
C -2553
$91,500, and authorize the Mayor
(38)
and the City Clerk to execute said
agreement. (Report from the Public
Works Department)
Volume 40 - Page 238
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
f+ s .o 4i S S 9
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MINUTES
INDEX
(b) STORM DRAIN IMPROVEMENT PROGRAM -
Storm Drain
. -.
Award Contract No. 2546 to
Imprvmnt
Spiniello Construction for the
C -2546
total price of $139,505 and
(38)
authorize the Mayor and the City
•
Clerk to execute said agreement.
(Report from Public Works
Department)
(c) COAST HIGHWAY WIDENING AGREEMENT
Cst Hwy Wdng
FOR APPRAISAL SERVICES - Authorize
Appraisal
the Mayor and the City Clerk to
Svc
execute a Local Agency /Consultant
C -2590
Agreement with George Hamilton
(38)
Jones, Inc., for the preparation of
an appraisal report for the fair
market value of land, leasehold
interests and mobile homes existing
in De Anza Bayside Village to be
acquired to widen Coast Highway.
(Report from Public Works
Department)
(d) COAST HIGHWAY WIDENING, NEWPORT
Cst Hwy
BOULEVARD TO WESTERLY OF ORANGE
Widening
STREET (COOPERATIVE AGREEMENT WITH
C- 2591(A)
CALTRANS AND ENGINEERING SERVICES
C- 2591(B)
AGREEMENT) - Authorize the Mayor
(38)
and the City Clerk to execute the
subject Cooperative Agreement with
CalTra.ns; and authorize the Mayor
and the City Clerk to execute the
subject engineering Services
Agreement with Robert Bein, William
Frost and Associates. (Report from
Public Works Department)
(e) Approve Agreement regarding
Mobilehome
Transfer of Mobilehome Space #8 -E
C -2592
and compensation for services and
(38)
costs;. and authorize the Mayor and
the City Clerk to execute said
agreement.
(f) Approve Agreement between Daniel
Daniel
Freeman Hospital and Newport Beach
Freeman Hosl
to participate in Paramedic Field
C -2593
Training Program. (Report from
(38)
Fire Chief)
Report from City's Negotiation Team,
recommending approval of the following
Memorandum's of Understanding for Fiscal
Year 1986 -87:
(g) Newport Beach Employee's League
MOU
•
Association (C- 2065).
C -2065
(38)
Volume 40 - Page 239
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL June 23, 1986
MINUTES
INDEX
(h) Newport Beach Professional and
Technical Employee's Association
MOU
(C- 2051).
C -2051
(i) Newport Beach Fire Fighter's
MOU
•
Association (C- 2060).
C -2060
(j) Newport Beach Police Employee's
Association (C- 2056).
MOU
C -2056
(k) Newport Beach Lifeguard's
Association (C- 2058).
MOD
C -2058
(1) Newport Beach Employee's
Association (C- 2059).
MOU
C -2059
4. COMMUNICATIONS - For referral as
indicated:
(a) To Executive Assistant to City
Manager for response, letter from
(52)
Donna Ducate requesting Trolley stop
at Senior Residence near Marguerite
on Pacific View Drive.
(b) To Marine Department for response,
Marine Dept
letters from Claudia Mirkin and
(51)
M.A. Richley, Jr. regarding
pollution of bay.
.
(c) Removed from the Consent Calendar.
(d) To Planning Department for
Planning
inclusion in the records, letter
(68)
from Lois B. and Val W. Detling
commending Code Enforcement Officer
_
Jim S'inasek.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Minutes of Orange County Local
Agency Formation Commission of May
7, 1986.
(b) Orange County Local. Agency
Formation Commission, notifying of
adoption of Resolution regarding
annexation of Upper Newport Bay
(No. 91).
(c) Letter from Assistance League of
Newport Beach, concerning future
negotiations.
Volume 40 - Page 240
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\rAl
RAI I G ds p y�9 June 23, 1986
MINUTES
INDEX
6. CLAIMS FOR DAMAGES - For denial and
(36)
confirmation of the City. Clerk's
referral to the claims adjuster:
(a) Richard S. Bell alleging City Truck
Bell
backed into his vehicle causing
damage to grill and hood on May 28,
1986, at 18th Street.
(b) Monica and Vincent Bartolone, nee
Bartolone
Jesse Stuart alleging unlawful
arrest, emotional distress and
punitive damages against City
Police Department on February 24,
1986, at Harden School.
(c) Barbara Golden alleging her vehicle
Golden
was accidently sprayed with white
paint when speed bumps were painted
in front of her house on week of
April 24, 1986, at 2 Beacon Bay.
(d) Clyde Johnston alleging cement
Johnston
contractor working in May, 1986 for
City splattered concrete on 6'
redwood fence which had just been
painted in March, 1986, at 311 N.
Bay front.
(e) Spyglass Hill Community Association
Spyglass
alleging damage to hillside as a
Hill Cmnty
result of City -owned water tank
leaking at property fronting Muir
Circle and bordering Goleta Point
Drive, on April 16, 1986.
(f) Gary Steven Winn seeking
Winn
reimbursement of medical expenses
and loss of productivity on
self- e:mployed.job, as a result of
assisting in apprehension of
fleeing suspect who was on foot on
April 4, 1986 at E. Bay and
Washington Street.
For rejection:
(g) Late claim of Auto Club of Southern
Rametta
California for Sam 3 Jeanmarie
Ramett:a alleging damage to vehicle
as a result of tree falling on car
which was parked at 708 Narcissus
on February 14, 1986.
•
Volume 40 - Page 241
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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MINUTES
U`J{bInKli
r
7. SUMMONS AND COMPLAINTS - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Sally Jo Menefee, et al, for
Indemnity and Declaratory Relief,
Menefee
Orange County Superior Court, Case
'No. 473181. Claim was denied by
City Council on April 18, 1986.
8. REQUEST TO FILL PERSONNEL VACANCIES:
(66)
(Report from the City Manager)
(a) Approve one Police Clerk,
Administrative Section.
(b) Approve two Police Officers, Patrol
Section.
(c) Approve one Emergency Equipment
Dispatcher, Patrol Section.
(d) Approve one Associate Planner,
Current Planning and Projects.
(e) Approve one Typist Clerk II, Fire
Department.
(f) Approve one Library Clerk I, Corona
del Mar Branch.
.
(g) Approve one Refuse Crewworker,
Refuse Division.
(h) Approve one Maintenance Worker I,
Asphalt Crew.
9. STAFF AND COMMISSION REPORTS -
For Council. information and approval:
(a) Report. from the Planning Department
Rental
regarding the annual RENTAL VACANCY
Vacancy Rte
RATE SURVEY.
(68)
(b) Report from Parks, Beaches and
West Nwpt
Recreation Director, recommending
Park
City Council reaffirm the position
(62)
of having West Newport Park
developed as submitted to the
Coastal Commission without parking;
and authorize the Chairman of the
Parks, Beaches and Recreation
Commission to appear before the
Coastal Commission and testify on
this matter.
Volume 40 - Page 242
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL
s q ti s v
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•
•
•
MINUTES
GPA 86 -2(A)
(45)
r
PCA 635
(94)
I
3n
in
9
o UP 3208
g (88)
HE
he
nt.
on
C -2503
(38)
Slurry Seal
10. PUBLIC HEARING SCHEDULING - For July 1
1986:
(a) GENERAL PLAN AMENDMENT 86 -2(A) -
Request initiated by the CITY OF
NEWPORT BEACH to amend the
CIRCULATION ELEMENT of the NEWPOR'
BEACH GENERAL PLAN so as to
redesignate MacArthur Boulevard
northerly of Ford Road. (Report
from the Planning Department)
(b) PLANNING COMMISSION AMENDMENT NO.
635 - A request of THE PACIFIC
CLUB, Newport Beach, to amend a
portion of the KOLL CENTER PLANNE
-
COMMUNITY DEVELOPMENT STANDARDS s
as to delete restaurant uses from
Office Site "A," and to permit a
private club in Office Site "A,"
not to exceed 30,000 sq.ft. in
area, subject to the securing of
use permit; and the acceptance of
an environmental document.
Property located in Koll Center;
bounded by MacArthur Boulevard, V
Karman Avenue and Birch Street;
zoned P -C;
AND
TRAFFIC STUDY - A request to
approve a traffic study in
conjunction with the expansion of
THE PACIFIC CLUB, a private club
the KOLL CENTER PLANNED COMMUNITY
AND
USE PERMIT NO. 3208 - A request t
permit the expansion of the dinin
areas and the addition of an
accessory athletic facility for I
PACIFIC CLUB, a private club in t
KOLL CENTER NEWPORT PLANNED
COMMUNITY.
Report from the Planning Departme
11. ACCEPTANCE OF SLURRY SEAL, 1985 -86
(C -2503) - Accept the work; and
authorize the City Clerk to file a
Notice of Completion; and release the
bonds 35 days after Notice of Completi
has been recorded, provided no claims
have been filed. (Report from Public
Works Department)
Volume: 40 - Page 243
MINUTES
GPA 86 -2(A)
(45)
r
PCA 635
(94)
I
3n
in
9
o UP 3208
g (88)
HE
he
nt.
on
C -2503
(38)
Slurry Seal
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
o� 9 s �
June 23, 1986 R01 L_
MINUTES
INDEX
12. ACCEPTANCE OF RIVERSIDE AVENUE RELIEF
C -2463
STORM DRAIN (C -2463) - Accept the work;
(38)
and authorize the City Clerk to file a
Riverside
Notice of Completion; and release the
Ave Relief
bonds 35 days after Notice of Completion
Storm Drain
•
has been recorded, provided no claims
have been filed. (Report from Public
Works Department)
13. ACCEPTANCE OF SIDEWALK, CURB AND
C -2555
PAVEMENT REPLACEMENT ON BALBOA PENINSULA
(38)
(C -2555) - Accept work; and authorize
Sidewalk/
the City Clerk to file a Notice of
Curb /Pvmnt
Completion; and release the bonds 35
days after Notice of Completion has been
recorded, provided no claims have been
filed. (Report from Public Works
Department)
14. ACCEPTANCE OF GRAND CANAL MAINTENANCE
C -2506
DREDGING AND ROCK BUTTRESS (C -2506) -
(38)
Accept work; and authorize the City
Grand Canal
Clerk to file a Notice Completion; and
Maintenance
release the bonds 35 days after Notice
Drdgng /Rock
of Completion has been recorded,
Buttress
provided no claims have been filed.
(Report from Public Works Department)
15. Removed from the Consent Calendar.
16. TRACT NO. 12309, LOTS 5 AND 7 (portions
Tract No.
•
of Block 51 and 57, Irvine's
12309
Subdivision, located on property bounded
by MacArthur Boulevard, Bison Avenue,
Camelback Street, Jamboree Road and San
Diego Creek in the North Ford Planned
Community) - Approve a subdivision
agreement guaranteeing completion of the
public improvements required with Tract
No. 12309, Lots 5 and 7; and authorize
the Mayor and the City Clerk to execute
said agreement. (Report from Public
Works Department)
17. ACCEPTANCE OF IMPROVEMENTS IN
Resub No.
RESUBDIVISION NO. 659 (Parcel 2 of
659
Parcel Map 152 -28, 29) (located at 2121
(84)
East Coast: Highway and the southwesterly
corner of East Coast Highway and Avocado
Avenue in Corona del Mar) - Accept the
public improvements constructed in
conjunction with Resubdivision No. 659;
and authorize the City Clerk to release
the faithful performance bond
(Certificate No. 13319); and authorize
the City Clerk to release the labor and
•
material bond (Certificate No. 13320) in
six months provided no claims have been
filed. (Report from Public Works
Department)
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18. SPECIAL EVENTS PERMITS - Uphold staff's
Permits/
recommendation, subject to conditions
Spcl Evnts
listed in the reports from Business
(65)
License Supervisor for approval of the
following:
(a) Application 1186 -156 - Banner
$86 -156
advertising Trolley Service for
month of July across Newport
Boulevard at 32nd Street.
(b) Application 1186 -157 - Amplified
1186 -157
sound for Charlton Associates
picnic_ July 12, 1986 at the Dunes
Aquatic Park.
(c) Application 1186 -138 - Two mile
186 -138
ocean swim competition on July 12,
1986, by the Newport Beach
Lifeguard Association.
(d) Application 11 86 -139 - Balboa
186 -139
Improvement Association to use
amplified sound in conjunction with
concerts at Balboa Pier Gazebo on
July 6, 13, 20, 27, and August 3,
10, 17, 24, 31.
(e) Application 1186 -045 - Amplified
186 -045
sound for Rick Cole Car Show July
•
11, 12, 13, 1986 at the Newporter
Resort.
(f) Application 1186 -072 - United
186 -072
Cerebral Palsy 8 -K Run on July 13,
in area of Meredian Hotel and City
of Irvine.
(g) Application 1186 -154 - Amplified
186 -154
sound on July 13, 1986 at Le
-.
Biarritz Restaurant.
(h) Application 1186 -149 - Vido
186 -149
production on public beach by Look
Productions on July 17, 1986 at
47th Street.
(i) Application 1186 -152 - Amplified
186 -152
sound by National Education Corp on
July 3, 1986 at Newport Dunes.
(j) Application 1186 -158 - Amplified
186 -158
sound. by Brett Williamson on July
4, 1986 at 311 North Bayfront,
Balboa Island.
•
(k) Application 1186 -143'- Road closure
186 -143
for PB &R's Independence Day Parade
on July 4, 1986 Mariners Drive.
Volume 40 - Page 245
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(1) Application #86 -147 - Road closure
#86 -147
for Newport Island Picnic on June
28, 1986 at Marcus Street between
38th & 39th Streets.
19. LEGAL ADVERTISING FOR FISCAL YEAR
Legal
1986 -87 - Uphold staff's recommendation
Advertising
to award bid to the Newport Ensign; and
(20)
authorize the issuance of a purchase
order. (Report from the City Clerk)
20. BICYCLE TRAILS CITIZENS ADVISORY
BTCAC
COMMITTEE - Accept with regret, the
(24)
resignations of David Paine, Steve Fobes
and Mary Petropoulos, effective
immediately, and direct the City Clerk
to post vacancy notice. (Memo from the
City Clerk and letter from Mary
Petropoulos attached)
21. THE QUALITY OF LIFE COMMITTEE - Accept
uality of
with regret, the resignation of Rosemary
ife
Luxton, Harry 0. Merrill and Virginia
(24)
Herberts, effective immediately, and
direct the City Clerk to post vacancy
notice. (Letters from Harry 0. Merrill
and Virginia Herberts attached)
22. BUDGET AMENDMENTS - For approval:
(25)
(a) Report from the City Manager regarding
Budget Amendments 091 through 099:
BA -090, $1,234.48 - Transfer in Budget
Appropriations to provide for Twelve
additional :Lockers for women's locker
room; Police - Administrative Fund.
BA -091, $6,643,075 - Decrease in Budget
Appropriations to provide for
appropriation reserve; General Fund.
BA -092, $750,465 - Decrease in Budget
Appropriations to provide for
appropriation reserve; Park and
Recreation Fund.
BA -093, $51,935 - Decrease in Budget
Appropriations to provide for
appropriation reserve; State Gas Tax
(Section 2106)
BA -094, $381,440 - Decrease in Budget
Appropriations to provide for
appropriation reserve; State Gas Tax
(Section 2107)
•
BA -095, $20,315 - Decrease in Budget
Appropriations to provide for
appropriation reserve; Arterial Highway
Financing.
Volume 40 - Page 246
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL
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June 23, 1986
MINUTES
INDEX
BA -096, $26,675 - Decrease in Budget
Appropriations to provide for
appropriation reserve; Contributions
Fund.
•
BA -097, $229,495 - Decrease in Budget
Appropriations to provide for
appropriation reserve; State Gas Tax
(Section 21.26)
BA -098, $138,160 - Decrease in Budget
Appropriations to provide for
appropriation reserve; Building Excise
Tax Fund.
BA -099, $237,190 - Decrease in Budget
Appropriations to provide for
appropriation reserve; Water Fund.
(b) BA -100, $5,121 - Increase in Budget
Appropriations to provide for paint
spray booth electrical connection;
General Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Letter from Woodrow Lewis requesting
Building
investigation of homes on Polaris Drive
Dept
in Dover Shores, etc., was presented.
(26)
n
x
Following discussion with the City
Ayes
Manager regarding the contents of this
letter, motion was made to refer said
communication to the Building Department
for response.
2. Report from Public Works Department
Upper Nwpt
regarding UPPER NEWPORT BAY BICYCLE AND
Bay Bicycle
EQUESTRIAN TRAIL (C -2435) - Recommending
Equestrian
approval. of the plans and
Trail
specifications, was presented.
C -2435
(38)
Motion
x
Motion was made to continue this item to
All Ayes
July 14, 1986, as recommended by staff.
3. Proposed Ordinance No. 86 -21,
Ord 86 -21
prohibiting; the Sale of Food Products on
Prohibiting
Public Beaches, with a report from the
Sale of
Assistant City Attorney, was presented.
Food Prdct
on Beaches
Lucy Dutton and Joseph and David Cohen,
(27)
representing the Bayside Cafe located in
the Fun Zone, addressed the Council in
opposition to the proposed ordinance.
They described their operation of
off -site food service to the patrons on
.
the beaches, between Washington and Palm
Streets, indicating they serve their
food from hot and cold containers.
Volume 40 - Page 247
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COUNCIL MEMBERS
\CALROLL y�9 June 23, 1986
MINUTES
11NO N
They are the only restaurant in the area
Prohibiting
that provides this type of service and
Sale of Food
would like to be able to continue. They
do not serve any alcoholic beverages and
rdct on
Beaches
•
would close each day at 2 p.m. They
also would take the responsibility of
(27)
removing any litter from the beaches
which was purchased from the Bayside
Cafe.
Discussion ensued wherein the Planning
Director stated that the blanket Use
Permit granted to the Fun Zone for the
various take -out restaurants located
there, did not include approval of this
type of off' -site catering business to
customers on the beaches, and if the
City were to adopt a regulation allowing
this type of activity, the Use Permit
for the Fun Zone must still be amended.
The City Attorney advised that a more
in -depth staff report will be prepared
for the July 14 City Council meeting
when the ordinance will be considered
for adoption. In the interim, the
Assistant City Attorney will be
reviewing with the County Health
Department, the legality of serving food
under the above- described circumstances.
•
Angela Picker White, 1132 W. Bay Avenue,
addressed the Council and spoke in favor
of the Bayside Cafe's operation, and
requested the City Council "give them a
chance."
Joseph Cohen addressed the Council
again, and inquired if they could
continue their food service operation on
the beaches, inasmuch as an ordinance
has not yet: be enacted prohibiting such
activity.
Motion
x
Following consideration, motion was made
to introduce Ordinance No. 86 -21, and
pass to second reading on July 14, 1986.
In response to Mr. Cohen's above
question, the City Attorney stated that
there is currently no ordinance, in his
opinion, which would prevent the Bayside
Cafe from continuing their present
operation on the beaches, inasmuch as
the subject: ordinance has not been
introduced as an emergency measure. If
this ordinance is adopted by the City
.
Council on July 14, it would not be
effective until August 13, 1986.
Volume 40 - Page 248
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\CALROLL G�`r � y�9 June 23, 1986
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However, there is still the
consideration referred to earlier by the
Planning Director who indicated this
type of business may be a violation of
the blanket. Use Permit granted to the
•
Fun Zone, and in this regard, he would
suggest the! owners of the Bayside Cafe
contact the! Planning staff.
All Ayes
The motion on the floor was voted on and
carried.
H. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 86 -16, being,
Ord 86 -16
CATV
AN ORDINANCE OF THE CITY OF NEWPORT
(42)
(42)
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
Proposed ORDINANCE NO. 86 -17, being,
Ord 86 -17
Group W
AN ORDINANCE OF THE CITY OF NEWPORT
(42)
•
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,
presented for second reading with report
dated June 9, 1986 from the Executive
Assistant.
Motion
x
Motion was made to adopt Ordinance No.
All Ayes
86 -16 and Ordinance No. 86 -17.
2. Proposed ORDINANCE NO. 86 -18, being,
Ord 86 -18
ewsracks
AN ORDINANCE OF THE CITY COUNCIL OF
(27)
THE CITY OF NEWPORT BEACH AMENDING
CHAPTER 5.70 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO
NEWSRACKS,
presented I -or second reading with report
dated May 29, 1986 from the Assistant
City Attorney.
It was noted in the staff report that
newsracks have proliferated in certain
areas to the extent that they constitute
Volume 40 - Page 249
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COUNCIL MEMBERS
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June 23, 1986 \LPIP�� ROLL A
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a threat to public health, safety and
welfare. Specifically, Marine Avenue on
Balboa Island is an extremely popular
tourist destination with unusually high
pedestrian and vehicular traffic volumes
•
in the summer months and holidays. On
Marine Avenue, there is an interference
with pedestrian and traffic circulation
and increased safety hazards. Due to
unique problems along Marine Avenue, it
is necessary to specifically limit the
number of locations and spaces for
news.racks.
It was also pointed out that the
proposed ordinance was drafted in
response to citizens' concerns and
reflects input from newspaper and
newsrack vendors. If the ordinance is
adopted, the permit process will be
transferred from the Police Department
to the new License Supervisor, with
assistance from other departments as
deemed appropriate.
Discussion ensued with regard to the
regulations contained in the ordinance
and the number of newsracks permitted at
certain locations, and what if a new
newsrack vendor wants to place a
•
newsrack at: a location that already has
its "quota" for that location.
The City Attorney, in response, advised
that it has; taken approximately one and
one -half years to reach an agreement
with the newspaper distributors that
currently have racks on Marine Avenue to
arrive at the set allocation. The City
Council can reallocate the spaces on
Marine Avenue sometime in the future.
There is a procedure outlined on page 8
of the ordinance that establishes a
priority system for placement of
material in the racks that are
authorized,. That priority system can be
revised if the City Council believes
that the manner of allocation is unfair.
!lotion
x
In view of the foregoing comments,
All Ayes
motion was made to adopt Ordinance No.
86 -18.
3. Proposed ORDINANCE NO. 86 -19, being,
Ord 86 -19
Massage
AN ORDINANCE OF THE CITY COUNCIL OF
Establish
.
THE CITY OF.NEWPORT BEACH AMENDING
(27)
CHAPTER 5.50 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO
.MASSAGE ESTABLISHMENTS,
Volume 40 - Page 250 °.
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL\13�p 9 v� G S ROLL s`r F,9 June 23, 1986
MINUTES
INDEX
presented for second reading with report
dated May 22, 1986 from the Assistant
City Attorney.
Motion was made to adopt Ordinance No.
n
x
86 -19 .
yes
4. Proposed ORDINANCE NO. 86 -20, being,
Ord 86 -20
Phasing of
AN ORDINANCE OF THE CITY COUNCIL OF
Develop/
THE CITY OF NEWPORT BEACH AMENDING
Traffic
CHAPTER 15.40 OF THE NEWPORT BEACH
Impry
MUNICIPAL CODE PERTAINING TO
(26)
PHASING OF DEVELOPMENT WITH TRAFFIC
IMPROVEMENTS (ALSO READOPTION OF
COUNCIL POLICY S -1 AND ACCEPTANCE
OF ENVIRONMENTAL DOCUMENT),
presented for second reading with report
dated June 3, 1986, from the City
Attorney.
Report from the City Attorney was
presented.
Motion
x
Following clarification of the subject
All Ayes
ordinance, and Council Policy S -1, by
the City Attorney, motion was made to
adopt Ordinance No. 86 -20, accept
•
Environmental Document and Readopt
Council Policy S -1.
I. CONTINUED BUSINESS:
None.
J. CURRENT BUSINESS:
1. Report from Public Works Department
City Chartr
regarding AMENDMENT TO SECTION 1110 OF
Contracts/
CITY CHARTER "CONTRACTS ON PUBLIC
Public
WORKS."
Works
(39)
It was recommended by the staff that the
City Council submit to a vote of the
people, a proposed Charter amendment
'providing an increase in the dollar
amount of work requiring formal public .
works contracting procedures from the
present $12,000 to $30,000, and that the
electorate also approve substitution of
the words "such facilities" for the
words "streets, drains, or sewers" in
the second sentence of the first
paragraph of Section 1110 of the City
•
Charter.
Volume 40 - Page 251
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
O
ROLL
F
yFP
0
Motion
All Ayes
Motion
All Ayes
Motion
All Ayes
•
•
MINUTES
June 23, 1986
86 -53
In response to Council Member Hart, the
Public Works Director stated that item
in question. would apply to budgeted
capital projects and therefore would be
approved by the City Council during the
budget process.
Motion was made to approve the foregoing
x
recommendation and authorize staff to
place the proposed amendment on the
November ballot.
K. ADDITIONAL BUSINESS:
x
1. Motion was made to adopt Resolution No.
86 -53, amending an operating agreement
with C & S Ventures Inc., dba American
Trolley Lines, to authorize monthly
subsidy payments.
2. Motion was made to schedule public
x
hearing on Use Permit No. 1758 for July
28, 1986.
Meeting ad' urned a 4a.ma.
_f
Mayor
ATTEST:
City Clerk
ear
�L1 FORN`P
Volume 40 - Page 252
86 -53