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Home My WebLink About10/13/1986 - Regular Meetingi COUNCIL MEMBERS \CAL REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7,:30 P.M. I%OLL �r DATE: October 13, 1986 MINUTES esen,-w Due to the absence of the Mayor and Mayor Pro Tem, and pursuant to City Council Policy A -10, Council Member Heather was appointed as the Presiding Officer to chair this meeting. sent x x x x x A. ROLL CALL„ ent x x Motion x B. The reading of the Minutes of the All Ayes Meeting of September 22, 1986, was waived, approved as written, and ordered filed. Motion x C. The reading in full of all ordinances All Ayes and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Council Member Heather opened the West Coast continued public hearing regarding Taxicab application for Certificate of Public (86) Convenience and Necessity by West Coast Taxi Cab Company. Report from the Business License Supervisor, was presented. Fred McCui.stion, General Manager of West Coast Taxicab Company, addressed the Council in support of his request, noting that he has chnaged the name of his company to not conflict with "Yellow Cab of Newport Beach," as well as the color of his taxicabs to distinguish him from the currently licensed company. He stated there will be 10 taxicabs servicing the City, and that as soon as possible, the company's telephone number will be listed in the local directory. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to grant the subject All Ayes application. 2. Council Member Heather opened the public GPA 86 -1(G) hearing regarding GENERAL PLAN AMENDMENT SAna Heights 86 -1(G), it request initiated by the City (45) of Newport: Beach, to amend the Land Use Element of the Newport Beach General Plan for unincorporated property located southerly of Bristol Street, easterly of Irvine, Avenue, westerly of the Bayview • Development, and northerly of the Upper Bay (commonly known as SANTA ANA HEIGHTS) so as to redesignate various portions of said property from "Low- Density Residential" and "Medium- Density Residential" to Volume 40 - Page 407 COUNCIL. MEMBERS CITY OF NEWPORT BEACH October 13, 1986 MINUTES Volume 40 - Page 408 86 -1(G) Heights 11Administrative, Professional, and Financial Commercial" or a combination of "Retail and Service Commercial" and "Administrative, Professional, and Financial Commercial," and designate the area as a Specific Plan Area. Report from the Planning Department was presented. The City Manager summarized the subject report, noting that in February 1986, the City Council sustained the recommendation of the Planning Commission. and initiated General Plan Amendment 86 -1, which included an amendment of the Land Use Plan for unincorporated property commonly known as Santa Ana Heights. This proposed General Plan Amendment involves only unincorporated territory. The land use proposal being considered establishes designations that are consistent with the land use compatibility program adopted by the County of Orange in the airport expansion project and agreed to by the City in the airport settlement agreement. This General Plan Amendment is also preliminary to any annexation process that would involve the Santa Ana .• Heights area. The City Manager further noted that the Santa Ana Heights area is currently developed with 480 residential units, 108,180 sq. ft. of office, and 23,000 sq. ft. of retail commercial uses. The net change in development between the existing :Level of development and the proposed plan is 150 less residential units, an additional 920,924 sq. ft. of office uses, and the additional 5,314 sq. ft. of retail uses. The net difference betweem the City's current General Plan designations and the proposed General Plan designations would be 164 less residential units, 941,984 additional sq. ft. of office, and 4,056 additional sq. ft. of retail commercial uses: Statistical Summary City Proposed Existing G/P G/P Residential 480 494 330 . Office 108,180 87,120 1,029,104 Commercial 23,000 23,958 28,314 Volume 40 - Page 408 86 -1(G) Heights CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALBALL G October 13, 1986 MINUTES 161 nr V It was emphasized by the City Manager GPA 86 -1(G) that the item being considered is only SAna Heights an amendment to the Land Use Element of the General Plan, and does not address factors relative to limiting height, . setbacks, off - street parking spaces, etc., all of which will be considered at the time the Specific Area Plan is presented to the Council. He also pointed out that the County is currently considering a Specific Area Plan for this area. A City proposed Specific Area Plan will be coming to the City Council in. January, 1987. Craig Blue:ll, Senior Planner, addressed the Council, stating that he has been attending citizen ad -hoc meetings relative to residential equestrian and business parks, in which the height limit for commercial development was discussed. He stated that since their meetings, the County Planning Commission has increased the height limit from 35' to 37'. Council Member Hart indicated she felt it was important to have the Council Member who would be representing the Santa Ana Heights area, (if it is annexed to the City) be included in the meetings the County is conducting regarding this redevelopment area. She also felt the County should be advised that the City does not want to increase development intensities in excess of those agreed to in the Airport Land Use Compatibility Plan analyzed by EIR 508, or approved in the City's General Plan Amendment No. 86 -1(G). In response to Council inquiry regarding the statue; of the proposed Santa Ana Heights Annexation to the City, the City Manager advised that the County has requested the City withhold any annexation proceedings until they have concluded their hearings on the Specific Area Plan., Jack Mullen, 2031 Mesa Drive, Santa Ana Heights, addressed the Council and stated that he is Chairman of Santa Ana Heights Annexation Ad -Hoc Committee, and Chairman of the Redevelopment Ad -Hoc Committee appointed by the Board of Supervisors, both of which are advisory committees. He stated that he did have one concern regarding a change that the Board of Supervisors is considering Volume 40 - Page 409 CITY OF NEWPORT BEACH COUNCIL MEMBERS 00 \CAL y �� 9�� ROLL Gds �� y�9 October 13, 1986 MINUTES wnry which is not covered in the EIR, and CPA 86 -1(G) that is the proposed 37' height limit SAna Heights for office buildings, plus another 10' for covering of appurtenances, such as elevator shafts, ducting, etc. He felt that 47', from a personal standpoint, would be a rather "obnoxious" structure in someone's backyard and not in keeping with the many years of "promises" for a compatible residential /office -type area. He requested that the Council direct a letter to the Board of Supervisors advising that such a height limit is not in conformance with the City's regulations. Dick Nichols, 519 Iris Avenue, addressed the Council and discussed his concerns regarding the proposed Santa Ana Heights Annexation to the City. The City Manager stated that the comments made by Mr. Nichols should be addressed at the time the Specific Area Plan is before the Council, or when the area has actually been annexed to the City. With regard to the County Redevelopment Agency, and pursuant to an agreement with the County, the monies taken from the subject area must be spent south of Bristol Avenue, and none of the increment can be spent on the Airport. Following discussion and hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to adopt Resolution No. Res 86 -88 86 -88, approving General Plan Amendment 86 -1(G), amending the Land Use Element of the Newport Beach General Plan by changing the land use designations on specific properties, revising the Land Use Element text and designating Santa Ana Heights as a Specific Plan Area, and acceptance of Environmental Impact Report No. 508. There being no objections, the staff was directed to forward a letter to the Board of Supervisors regarding Height Standards in Santa Ana Heights. Council Member Strauss noted that in the proposed General Plan Amendment there . would be 164 less residential units; 941,984 additional square feet of office; and 4,356 additional square feet of retail. commercial uses. He stated that he will vote against the motion to Volume 40 - Page 410 F • • COUNCIL MEMBERS \CALROLL October 13, 1986 MINUTES uinc v approve this amendment, inasmuch as he CPA 86 -1(G) feels the City is already "under - housed" SAna Heights and "over- •officed." lks x x x x The motion. was voted on and carried. s x E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: Motion x The following actions were taken as All Ayes indicated, except for those items removed. 1. ORDINANCES FOR INTRODUCTION: None. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 86 -89 ratifying SAna Rvr membership of City of Los Alamitos Fld P /Agcy in the Santa Ana River Flood Res 86 -89 Protection Agency. (Letter from (74) Santa Ana River Flood Protection Agency) 3. CONTRACTS /AGREEMENTS: (a) Authorize Mayor and City Clerk to Marinapark execute Agreement regarding KH Spc#6 -B Transfer of Mobilehome Space and C -2625 Compensation for Services and Costs (38) for Marinapark Mobilehome Space No. 6 -B from Eli Elman to Richard P. Kratz. (b) Authorize the Mayor and City Clerk Balboa Is to execute a revised Engineering Blkhd Rpr/ Agreement with Cash & Associates Wtrs Wy Engineers for Balboa Island C -2525 & Bulkhead Repair near Waters Way ido Is (C- 2525), and Lido Isle Bulkhead lkhd /VLido Repair North of Via Lido (C- 2526). C -2526 (Report from Public Works) (38) (c) Authorize the Mayor and City Clerk Balboa Foals, to execute an Agreement Amendment Pt Swr Rplcm with Orange County Sanitation C -2497 District No. 5 for Balboa Peninsula (38) Point. Sewer Replacement (C- 2497). (Report from Public Works) Volume 40 - Page 411 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL <� October 13, 1986 MINUTES INDEX (d) Award Contract No. 2587 to Public Bay Trautwein Brothers Waterfront Pier Flt Construction for the total bid Rplcm price of $38,883; and authorize the C -2587 Mayor and the City Clerk to execute (38) . subject contract for Public Bay Pier Float Replacement. (Report from Public Works) (e) Removed from the Consent Calendar. (f) Removed from the Consent Calendar. (g) Authorize the Mayor and City Clerk PCH Widng/ to execute the Amended Engineering Npt B1 /Orng Services Agreement with Robert C- 257/(5) Bein, William Frost b Associates (38) for Coast Highway Widening between Newport Boulevard and Orange Street. (Report from Public Works) (h) Approve Animal Control Services Npt Hrbr Agreement with the Newport Harbor Anml Hsptl Animal Hospital. (Report from C -2116 Business License Supervisor) (38) (i) Authorize the Mayor and the City Irvine Av/ Clerk to execute Cooperative Rsrfcg /Orng Agreement No. D86 -213 with the Cty CoopAgm County of Orange for Irvine Avenue Resurfacing. (Report from Public C -2626 (38) Works) 4. COMMUNICATIONS - For referral as indicated: (a) To Parks, Beaches and Recreation PB&R for inclusion in the records, (62) letter from Beverly Kamp supporting the prohibition of sponsorship by alcohol or tobacco companies regarding races held in the City. (b) To Planning Department /Planning Planning Commission for consideration, (68) letter from L. K. Homyer opposing Use Permit 3235 application for Lloyd Flodin at 3025 East Coast Highway in Corona del Mar. Volume 40 - Page 412 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL BOLL October 13, 1986 MINUTES INDEX 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Removed from the Consent Calendar. . (b) Copy of letter to the Planning Department from Cecil and Betty Lynch objecting to Modification $3220 - 204 Coral, Balboa Island. (c) Orange County Local Agency Formation Commission Preliminary. Agenda for October 1, and Minutes of September 10, 1986. (d) Orange County Division, League of California Cities Minutes of September 11, 1986, and copy of letter to Supervisor Ralph Clark regarding the Orange County Transportation Commission's request to initiate actions to create a new freeway authority within Orange County. (e) Southern Calfiornia Gas Company application and public hearing notice regarding Application Nos. 86 -09 -030 and 86 -09 -029 before the State Public Utilities Commission. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Loren Brucker for property damage Brucker and personal injuries allegedly sustained as a result of claimant being rear -ended by Newport Beach City employee at East Balboa Boulevard and "G" Street on June 23, 1986. (b) Tobie A. Charles for property Charles damage to his vehicle while parked at the City Yard on September 9, 1986. (c) Paul Davies for property damage as Davies a result of being hit by City vehicle, while turning left onto 32nd Street on July 17, 1986. (d) Vicki Finney alleging wrongful Finney death of husband and father of three children due to collision . with Police vehicle at Balboa Boulevard and Ninth Street on October 2, 1986. Volume 40 - Page 413 CITY OF NEWPORT BEACH COUNCIL MEMBERS \-o CAL R ®LL Gss October 13, 1986 MINUTES 1aU1 *3 (e) Patricia Frobes alleging damage to Probes vehicle as a result of being rear -ended by City truck while claimant stopped at red light at Jamboree Road and Pacific Coast Highway on August 6, 1986. (f) Richard Gaydos, Jr., and Daniel Gaydos, Jr./ Wyatt for indemnity based on Wyatt complaint of Darleen May Sandoval and Shawn Doherty, who were injured along with Mary Camilleri and Peter Larkin, as a result of traffic accident at Superior Avenue, 308 feet north of SR -1 on July 6, 1986. (g) Carl W. Kraushaar alleging refuse Kraushaar crew took one trash container in error at 3507 - A Finley Avenue on September 30, 1986. (h) Robert Madison alleging minor Madison damage to right rear fenderwell as a result of City vehicle's left front door striking claimant's vehicle at intersection of 28th and Balboa Boulevard on September 16, 1986. (i) McLain Development Company for McLain Dvlp . indemnity based on complaint filed (Kilmer) by Gordon Kilmer, Jr., and Gordon Kilmer, Sr., against McLain Development Co., served on /about September 4, 1986, for personal injuries by Gordon Kilmer, Jr., sustained on /about July 2, 1980, in Tract Number 8444 (Jamboree /Ford Rd., Big Canyon), City of Newport Beach. (j) June Shields alleging property Shields damage to structure by City Refuse truck at 621 W. Bay Avenue on August 11, 1986. (k) James Sinasek for property damage. Sinasek alleging City tree root system (tree now removed) in side parkway broke sprinkler line to parkway sprinklers, therefore cannot use automatic sprinklers for this area. (1) Gregory C. Thomas alleging City and Thomas County wrongfully cancelled his mooring, seized and sold his boat . for nonpayment of mooring fees. Volume 40 - Page 414 CITY OF NEWIPORT BEACH COUNCIL MEMBERS \CAL 9-V Fp October 13, 1986 ROLL MINUTES INDEX (m) Wilma. Pacific, Inc., alleging Wilma property damage to vehicle as a Pacific, Inc result of being rear -ended by City vehicle at East Balboa Boulevard . and "G" Street on June 23, 1986. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Amy Michelle Roos, a minor, for Roos personal injuries and damages as a result of accident at Corona del Mar State Beach fire pit, Case No. 45- 86 -39. Claim denied by City Council on November 13, 1984. (b) Everette Temme, filed in the United Temme States District Court, Central District of California, Case #Civ. 86- 5905 -FFF on September 11, 1986. 8. APPROVE REQUEST TO FILL PERSONNEL (66) VACANCIES: (Report from the City Manager) (a) Four Groundsworker I's, Parks Division. (b) One General Services Director, . General Services Department. (c) One Laborer, Field Maintenance Division. (d) One Police Officer, Patrol Division. (e) One Police Sergeant, Patrol Division. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from the Executive Assistant Organiztns/ to the City Manager recommending PhoneFriend approval for grant of $1,500 to (61) Newport -Mesa PhoneFriend. (b) Removed from the Consent Calendar. (c) Removed from the Consent Calendar. (d) Report from Public Works - Traffic Traffic Engineering regarding skateboarding (85) regulations in the vicinity of Newport Pier. Volume 40 - Page 415 4 4 COUNCIL MEMBERS \AL v ROLL �r �� t�9 %p October 13, 1986 MINUTES INDEX (e) Reports from the Police Department PD regarding implementation of Audit (70) recommendations for Parking Control Unit, and Traffic Law Enforcement. . 10. PUBLIC HEARING SCHEDULING - For October 27, 1986: (a) Removed from the Consent Calendar. (b) GENERAL PLAN AMENDMENT 86 -2(C) - An GPA 86 -2(C) amendment to the Land Use Element (45) of the General Plan to reclassify the property located at 3014 WEST BALBOA BOULEVARD from "Two- Family Residential" to "Retail and Service Commercial" uses; AND AMENDMENT NO. 10 TO THE CITY'S Amnd#1O LOCAL COASTAL PROGRAM - An LCP amendment to the City's Local Coastal Program so as to reclassify the property from "Two- Family Residential" to "Retail and Service Commercial" uses; AND . - AMENDMENT NO. 639 - An amendment to PCA 639 Section 20.63 of the Newport Beach (94) Municipal Code, the CANNERY VILLAGE /MCFADDEN SQUARE SPECIFIC PLAN AND MAP, so as to reclassify the subject property from "Two- Family Residential" to "Retail and Service Commercial." (Report from the Planning Department) 11. FINAL MAP OF TRACT NO. 12209 - Approve It 12209 the Final Map of Tract No. 12209, a request of REAL ESTATE DEVELOPMENT CORPORATION, Tustin, to subdivide 5.978 acres of land into 43 numbered lots for detached single - family residential purposes; five lettered lots for private open space and landscaping purposes; and one lettered lot for private street purposes. Property located at 6000 MacArthur :Boulevard, on the northeasterly corner of MacArthur Boulevard and East Coast Highway at Fifth Avenue in Corona del Mar; zoned P -C. (Report from Planning Department) Volume 40 - Page 416 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL s p`t o 3 5 ti ti v ROLL G � � y�9 October 13, 1986 MINUTES IIrL7ZV4 12. NOTICE OF DETERMINATION FOR PROPOSED Lincoln Schl IMPROVEMENTS TO LINCOLN SCHOOL - Uphold Imprvms staff's recommendation and accept the (62) Negative Declaration for the proposed improvements to Lincoln School, subject to the findings contained in the staff report. (Report from Parks, Beaches and Recreation Director) 13. ORANGE COUNTY SANITATION DISTRICT - O/C Sanitn Uphold staff's recommendations for ist /Npt request of the Orange County Sanitation Chnl Drdg District to dredge and install a 24 -inch (54) force main across Newport Channel, west of Newport Boulevard Bridge, subject to conditions in the staff report. (Report from Marine Department 14. USE PERMIT NO. 3193 - Approve a use U/P 3193 permit agreement guaranteeing completion (88) of the public improvements required with Use Permit No. 3193 (Lot 16 and a portion fo Lot 17, Tract No. 4824, located at 10000 Irvine Avenue on the northeasterly corner of Irvine Avenue and Westcl:iff Drive in the Westcliff Shopping Center); and authorize the Mayor and City Clerk to execute the subject agreement. (Report from Public . Works) 15. RESUBDIVISION 825 BOND SUBSTITUTION FOR Resub 825 CONSTRUCTION OF MAC ARTHUR BOULEVARD (84) IMPROVEMENTS - Approve Subdivision Agreement from Realestate Development Corporation guaranteeing completion of improvements required with Resubdivision No. 825; authorize the City Clerk to execute subject agreement; and release the Faithful Performance Bond and the Labor and Materials Bond (Bonds No. 52410302). (Report from Public Works) 16. USE PERMIT NO. 3110 BUILDING SETBACK U/P 3110 AGREEMENT -- Approve a Building Setback (88) Agreement along Newport Boulevard adjacent to 3112 Newport Boulevard (Lot 2, Block 341, Lancaster Addition to Newport Beach, between 31st and 32nd Streets); and authorize the Mayor and City Clerk to execute subject agreement and have it recorded with Orange County Recorder. (Report from Public Works) 17. NEWPORT PIER AND BALBOA PIER REPAIR Npt Pier (C -2615) - Approve the plans and Balboa Pier . specifications; and authorize the City Repair Clerk to advertise for bids to be opened C -2615 at 11:00 a.m., on October 30, 1986. (38) (Report from Public Works) Volume 40 - Page 417 CITY OF NEWPORT BEACH COUNCIL MEMBERS \m •o s s 9 CAL o 9 ROLL sF y�9 October 13, 1986 MINUTES mnFY 18. RESUBDIVISION NO. 792 - Approve a Resub 792 Subdivision Agreement guaranteeing (84) completion of the public improvements required with Resubdivision No. 792 (Lots 16, 18, 20 and 22, Block 732, Corona del Mar Tract and Lot 1, Block L, Tract 323, located at 2600 East Coast Highway, on the northeasterly corner of East Coast Highway and Dahlia Avenue in Corona del Mar); authorize the Mayor and City Clerk to execute the subject agreement; accept the offer of dedication of a 15- foot - radius corner cutoff at the corner of Dahlia Avenue and Fifth Avenue; and accept the offer of dedication of all vehicular access rights to East Coast Highway. (Report from Public_ Works) 19. BALBOA BOULEVARD FROM 32ND STREET TO Balboa B1 44TH STREET - Approve the plans and 33 -44 Ste specifications; and authorize the City C -2533 Clerk to advertise for bids to be opened (38) at 10:00 a.m. on October 31, 1986, subject to Board of Supervisors' approval of the project administration agreement on October 14, 1986. (Report from Public Works) 20. SPECIAL EVENTS APPLICATIONS - Uphold staff's recommendation for approval for Permits (65) the following, subject to conditions listed in the staff report from the Business License Supervisor: Application #86 -122 - Road closure Apli #86 -122 for YMCA Run, November 15, 1986; and Application #86 -162 - Road closure Apli #86 -162 for Parks, Beaches and Recreation Run, November 2, 1986. 21. BUDGET AMENDMENTS - For approval: (25) BA -030 - $1,200.00 Transfer in Budget Appropriations for City's share of membership in the Southern California Hazardous Waste Management Authority; Nondepartmental Fund. BA -031 - $830.00 Transfer in Budget Appropriations for Quality of Life Citizens Advisory Committee to attend various seminars; Nondepartmental Fund. Volume 40 - Page 418 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CA1 \tpPlj� 9 9� ��^ ROLL F,P y�'P October 13, 1986 MINUTES mUM A BA -032 - $9,125.00 Decrease in Unappropriated Surplus and Increase in Budget Appropriations for payment of work provided for installing filters on City two -way radios, remaining funds were erroneously omitted from carryovers; Water Fund. BA -033 - $1,425.00 Increase in Budget Appropriations for purchase of motorcycle hoist and pager for Narcotic Section; General Fund. BA -034 - $32,900.00 Transfer in Budget Appropriations for funds to cover City's portion of cost to prepare plans and specifications to Widen Pacific Coast Highway between Newport Boulevard and the Santa Ana River; State Gas Tax Fund. BA -035 - $500,000.00 Increase in Budget Appropriations and Revenue Estimates for contribution from CalTrans to Widen Coast Highway between Newport Boulevard and the Santa Ana River; Contribution Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from the Executive Assistant American to the City Manager regarding possible Trolley political advertising on the Newport Line Trolley, wits presented. C -2561 (38) Council Member Strauss stated he would not be in favor of allowing political advertising on the trolley, inasmuch as he felt there could be some difficulties with various political organizations as to size, language, etc. He stated he felt the inherent problems the City could incur would be greater than the income received. Motion x Following comments by Council Members Agee and Cox> motion was made to allow political advertising on the Newport Trolley, providing each Council Candidate is given the opportunity to purchase equal space should they so desire. Council Member Strauss stated that he does not intend to purchase space for political advertising, but will support �1 the motion„ Ayes The motion was voted on and carried. Volume 40 - ?age 419 CITY OF NEWPORT BEACH COUNCIL MEMBERS C'0 \kpl Li \%P f 9G9 F ROLL CAL P October 13, 1986 MINUTES 94V U C A 2. Report from the Public Works Department Npt Pier/ recommending approval of a Design 15 St Restrm Services Agreement with Boyle C- 2624(A) Engineering Corporation for new public (38) restroom at Newport Pier and at Fifteenth Street for a fixed fee of $31,700; and authorizing the Mayor and City Clerk to execute subject agreement for Beach Restroom Replacement Program, was presented. Motion x Council Member Hart stated that she was All Ayes in support of the recommended action to proceed with the two -named restrooms; however, it would be her motion that the staff proceed immediately with the design services agreement for the Fifteenth Street restroom, and that Boyle Engineering and Hill Partnership Design (architect for the Lifeguard Station at Newport Pier) develop an alternative design which would coordinate the new restroom with the remodeled Lifeguard Headquarters, and further, that the consultants be "sensitive" to the needs of the residents and businesses in the area in their desire to retain the character of McFadden Square. • 3. Report from the Public Works Department Unit II/ recommending the Mayor and City Clerk Upr Npt Bay execute an Agreement to provide for the SC /Rstrtn City of Irvine's portion of Unit 11, City Irvine Upper Newport Bay Sediment Control and C- 2483(G) Restoration Project Agreement with the City of Irvine, was presented. Motion x Council Member Hart indicated she just All Ayes wanted to draw attention to this project, and motion was made to approve the recommended action. 4. Report from Tidelands Affairs Committee Commercial with recommendations regarding Hrbr Actvts, Commercial Harbor Activities Permits, Harbor Regs was presented. (51) The following persons addressed the Council regarding commercial activities on the water, and requested that a six -month moratorium be placed on the enforcement of the municipal code section pertaining to Harbor Activity Permits: Volume 40 - Page 420 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL October 13, 1986 MINUTES t 1�I43 ng/ to Ken Adams, Yacht Masters and Marine Association, 18071 Mammoth Court, Fountain Valley Nancy Irvine, 3700 Newport Boulevard, Suite 300 Norm Catton, 1221 W. Coast Highway It was staged by the above speakers that the City has expressed concerns over the safety of vessels, qualification of crews, parking, noise, and pollution, some of which their association has already begun to address. They further requested that they be permitted to meet with the Tidelands Affairs Committee, Planning Commission, and Harbor and Marine Departments to bring forth facts that need to be discussed to make the existing ordinance a fair and viable tool. Motion x Following discussion, motion was made to suspend enforcement of Municipal Code Section 17.41 until November 15, 1986, as recommended by the Tidelands Affairs Committee. Motion x Substitute motion was made to delay Ayes x x x enforcement: of the above code section to N* x x December 10, 1986, which motion carried. 5. Copy of letter from Corona del Mar PCHwy Wd Community Association to CalTrans Margueri District Director Don Watson regarding MacArthu Newport Beach East Coast Highway improvements at Marguerite and MacArthur, was presented. Dick Nichols, 519 Iris Avenue, author of the subject. letter, addressed the Council regarding their Board's unanimous vote that only two thru lanes in each direction be allowed on East Coast Highway in Corona del Mar. He stated they feel the proposed improvements at Marguerite and MacArthur Boulevard would be incompatible with Corona del Mar, as well as not compatible with the residential character of Newport Beach, and urged the Council. to reexamine the project. Motion x Following discussion, motion was made to A yes refer the subject letter to the City Clerk for inclusion in the records. 6. Appeal Application of Villa Balboa U/P 1421 Community Association from the action of Villa BA the Planning Commission granting USE Appeal PERMIT NO. 1421 to Hoag Hospital- Cancer (88) Center, 4000 W. Coast Highway, Newport Beach, was presented. Volume. 40 - Page 421 ng/ to CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL -0 2i S q 'Y 9 � 9G�ROLL Gtr �� October 13, 1986 MINUTES IN ®EX Clara M. Laidlaw, President, Board of Directors, Villa Balboa Community Association, addressed the Council and requested that the public hearing on the subject appeal be scheduled for November 10, as she originally requested, and not on October 27, as recommended by staff. She stated that when she filed the appeal she requested the date of November 10, inasmuch as she will be out of town on the 27th, and at that time was informed by the staff that the hearing would be held on November 10. Since that time she has been notified that the date has been changed to October 27. She stated that she has done a great deal of research on this issue and would like to be in attendance to present the information she has put together. Dennis O'Neil, Attorney representing Hoag Memorial Hospital Presbyterian, 4041 MacArthur Boulevard, addressed the Council and stated they would like the hearing to be held on October 27, inasmuch as it will only further the delay of the construction of a cancer research center, which will be of benefit to everyone. A delay will also . prolong their request to the Coastal Commission. If this item is heard on October 27, fifty -three days will have elapsed since it was heard before the Planning Commission. Motion x Following discussion, motion was made to All Ayes schedule the public hearing on the subject appeal for October 27, 1986. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 86 -26, being, Ord 86 -26 Bus Lic/ AN ORDINANCE OF THE CITY OF NEWPORT Private Ptrl BEACH REPEALING CHAPTER 5.24 OF THE (27) NEWPORT BEACH MUNICIPAL CODE PERTAINING TO PRIVATE PATROL SERVICE, was presented for second reading, with report from the Assistant City Attorney dated September 11, 1986. Motion x Motion was made to adopt Ordinance No. All Ayes 86 -26. I. CONTINUED BUSINESS: None. Volume 40 - Page 422 CITY OF NEWPORT BEACH COUNCIL MEMBERS CO tP� 9\kpop ROLL =i 9 G ,Q F p Z 9 9 � y �9 � y� 9 9 cE 0 Motion All Ayes Motion All Ayes 0 MINUTES October 13, 1986 INDEX 'ermit/ 3ncroachmt (65) Library/ Automation Prj. Political Campaign Signs J. CURRENT BUSINESS: 1. Report from Public Works regarding APPLICATION TO RELOCATE EXISTING ENTRY STAIRS AND INSTALL A DECORATIVE LIGHT IN THE PUBLIC- RIGHT -OF -WAY AT 700 Orchid Avenue, was presented. x Motion was made to approve the subject application, with the condition that should the City need to use the public right -of -way at 700 Orchid Avenue, the applicant :shall be required to remove the encroachment, and further, if necessary, the applicant may be required to shield the rays from the decorative light if so determined by the Public Works Director. K. ADDITIONAL BUSINESS: x 1. Library Automation Project - Motion was made to approve the subject item in concept; and to direct staff to bring back the necessary budget amendment for the October 27 meeting. 2. Political ;signs on Private Property - City Attorney was directed to contact the Council candidates by letter, asking them to voluntarily remove their campaign signs. Meet ingad] ourne at 10:00 p.m. Mayor ATTEST: City Clerk eaF�Po, C �P 111FO.6 Volume 40 - Page 423 INDEX 'ermit/ 3ncroachmt (65) Library/ Automation Prj. Political Campaign Signs