HomeMy WebLinkAbout10/27/1986 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
REGULAR COUNCIL M
EETING
PLACE: Council Chamber
s
TIME: 7:30 P.M.
DATE: October 27, 1986 CO
ROLL
INDEX
The following Proclamations were presented:
Toastmasters Communications Month; and
Red Ribbon Week, Californians for
Drug -Free Youth.
Present
x
x
x
x
x
x
x
A. ROLL CALL.
Motion
x
B. The reading of the Minutes of the
Ayes
x
x
x
x
x
x
Meeting of October 13, 1986, was waived,
Abstain
x
approved as written, and ordered filed.
Motion
x
C. The reading in full of all the
All Ayes
ordinances 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
/P 1421
and City Council review of an appeal by
Hoag Hosptl/
CLARA M. LAIDLAW for the VILLA BALBOA
Villa Balboa
COMMUNITY ASSOCIATION, Newport Beach,
(88)
from the decision of the Planning
Commission on September 4, 1986,
approving USE PERMIT NO. 1421, a request
of HOAG MEMORIAL HOSPITAL, PRESBYTERIAN,
Newport Beach, to construct a 50,000 sq.
ft. cancer center and covered walkway
•
system in the Unclassified District, to
be located at 4000 West Coast Highway,
on the northeasterly corner of Newport
Boulevard and West Coast Highway,
Newport Beach. The proposal also
includes a request to allow a portion of
the structure to exceed the 26 foot
basic height limit in the 26/35 Foot
Height Limitation District, a request to
establish an off - street parking
requirement based on a demonstrated
formula; a modification to the Zoning
Code so as to allow a portion of the
required parking to be provided as
compact spaces; and the acceptance of an
Environmental Document and Traffic
Study.
Report from the Planning Department, was
presented.
Appeal application and letters dated
September 24, and October 17, 1986, from
Villa Balboa Community Association, were
presented.
•
Letter from.Hoag Memorial Hospital
Presbyterian, was presented.
Volume 40 - Page 424
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
9 9 c�
F
October 27, 1986 Z �\kp%p�� 1G 9O C ROLL
MINUTES
INDEX
Letters from Cordelia and Paul Butler,
/P 1421
and Tom and Judith Richards opposed to
Hoag's expansion plans, citing safety
reasons, traffic, noise, smog and
•
negative aesthetic effects, were
presented.
Michael D. Stephens, President, Hoag
Memorial Hospital Presbyterian,
addressed the Council and stated that
the proposed cancer center will be
located on the 23 acre CalTrans parcel
on West Coast Highway, which was
purchased by the hospital three years
ago. He stated that timing is critical
because the capacity of their radiation
therapy unit has been taxed so severly,
that both the equipment and facility are
badly in need of repair and replacement.
They need to expand their facilities and
centralize their location for cancer
patients.
Dr. Robert Shapiro, Director of
Radiation Therapy, Hoag Memorial
Hospital Presbyterian, addressed the
Council and gave a medical overview of
the needs for the cancer center. He
stated that Hoag Hospital takes care of
more cancer patients than any other
•
institution in Orange County. He stated
that the current radiation department is
approximately 12 years old, as are the
treatment machines which treat 50 to 60
patients per day. The new radiation
department will be twice as large as the
current division and adequate parking
will be provided adjacent to the
building. He stated it is imperative
that the cancer facility be built as
quickly as humanly possible due to the
age of the current equipment and the
size of department.
Phillip R. Schwartze, Vice President,
Phillips /Brandt /Reddick, Planning
Consultants, addressed the Council and
presented a slide presentation of the
proposed project depicting view
analysis, pedestrian walkway between the
hospital and the new facility,
utilization of the three levels of the
structure, landscaping, Villa Balboa
Study, etc. He also made reference to a
scale model which was on display. Mr.
Schwartze also answered questions of the
•
Council regarding the height of the
pedestrian walkway, and landscaping of
the patio level.
Volume 40 - Page 425
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL
s o 2 s q
'9 9i 9
ROLL y�9 October 27, 1986
MINUTES
01WIA
Paul R. Butler, 280 Cagney Lane,
/P 1421
representing Villa Balboa Community
Association, addressed the Council and
•
reviewed safety and geological studies
regarding the proposed project. He
stated that they are not opposed to a
cancer center, only the proposed
location. They do not feel the new
facility should be constructed on the
property purchased from CalTrans for
several reasons: 1) The structure would
be located directly in front of their
building; and 2) 170 feet would have to
be cut away from the natural bluff which
would endanger their building in the
event of an earthquake.
Mr. Butler stated that the
Newport /Inglewood Fault runs under
Pacific Coast Highway and Superior
Avenue near the southwest boundary of
Hoag's recently acquired property, and
is considered the most active fault in
Southern California. He stated they
feel there is plenty of room to build
the cancer center elsewhere on Hoag's
property; that the proposal is
hazardous, and that the natural bluff
should be preserved. In conclusion, he
urged the Council to not approve the use
•
permit.
Mr. Schwartze addressed the Council
again and stated that the bluff referred
to by Mr. Butler is a man -made bluff
which was created by the removal of
earth by Ca.lTrans and others when
construction projects occurred, and is
not a natural bluff.
Discussion ensued regarding the previous
General Plan land use designation for
the subject parcel, wherein the City
Manager advised that on February 11,
1985, the City Council approved an
amendment to the General Plan
designating this property as a
Governmental, Educational and
Institutional Facility, and up to that
time, the site had been designated
Recreational and Open Space. The
proposed development is now consistent
with said General Plan.
Patricia Temple, Environmental
Coordinator, addressed the Council and
•
stated that in doing the environmental
studies for the proposed project, the
City drew upon several technical reports
and several of the State Geological and
Mines maps„ The area in question is a
Volume 40 - Page 426
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL Gds �' y�9 October 27, 19815
Iw r%V tt
cut slope which was done at the time
/P 1421
CalTrans owned the property. The basic
geological formation is virtually the
same as that which Villa Balboa is
constructed on, which is a marine
terrace, so the susceptibility of the
land to earthquake hazards for both the
CalTrans east side and the Villa Balboa
is virtually the same. The Newport/
Inglewood ]Fault runs approximately
between the City of Inglewood and
off -shore Newport Beach. The fault for
this area is actually in the ocean. The
particular area for this site and the
area which runs westerly through the
Banning oil fields, was studied very
recently in the last couple of years by
the State for inclusion in the Alquist
Priolo special study zone. These zones
were established by enactment of the
legislature and are administered by the
State Department of Mines and Geology.
The State studied the area between the
CalTrans east property and the Banning
oil fields and basically discovered that
there was no significant movement in the
11,000 years and therefore, did not
place the area in an Alquist Priolo
special study zone. It is, therefore,
the staff's opinion, which has been
•
substantiated by the State, that the
specific geologic formation in the area
is not of any particular concern. She
noted that the designs of the building
in the area must meet the seismic
requirements of the Building Code.
Mr. Schwartze addressed the Council
again in response to some of the
concerns expressed, and pointed out
'
that: 1) Hospitals have to adhere to
the most stringent building codes of any
type of habitable structure; 2) The
proposed center would actually buffer
the slope; and 3) The site analysis
which was prepared for this project,
indicated that the center could not be
developed on Hoag's other property due
to construction, parking requirements,
etc., and therefore, was the reason Hoag
purchased the CalTrans parcel.
In response to question raised by
Council Member Strauss, the City
Attorney stated that in the event of an
earthquake, he did not feel the City
•
would be liable for any damage which may
be done to the Villa Balboa property.
Volume 40 - Page 427
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
\CALfl October 27, 1986
ROLL uunaY
Hayward P. LeCrone, 1810 N. Broadway
/P 1421
Street, Santa Ana, addressed the Council
and stated that he was representing
Clara Laidlaw, President of Villa Balboa
Community Association, and Kim Ludlow,
•
who could not be in attendance. He
requested that this hearing be continued
to November 10 in order that the
above -named persons could be present to
express their views. He stated that
this project will result in the loss of
view to the public, as well as residents
of Villa Balboa, have a significant
effect on the environment, and they do
not feel the project has been
effectively mitigated. The development
will also exceed the City's height
requirement and will result in increased
traffic. They also feel that:
1) The proposed use will
Prejudice the ability of the
City to consider a master site
for the development plan of
the property;
2) The proposed structure will
have a significant adverse
effect on the planning of
public bike trails and
proposed view park;
3) The structure could be
designed to avoid the
impairment of public view;
4) The height of the structure
will result in an undesirable
abrupt scale of relationship
with the structures in the
area; and
5) That environmental documents
are not required for projects
which are denied.
In conclusion, Mr. LeCrone stated he
felt the City Council should consider
the following additional requirements if
the subject use permit is approved:
1) That no portion of the
development on Applicant's
property exceed the height of
the bluff;
2) That the top of the bluff be
landscaped with low vegetation
to preserve the view of the
public from the pedestrian
access way and bicycle trail;
Volume 40 - Page 428
,RTiT31
3) That the applicant be required
U/P 1421
to use the existing service
road to the bottom of the
bluff, rather than a new
service road and parking near
the top of the bluff;
4) That Applicant's
representations that there
will be no overnight patients,
also be made a condition.
Wayne Lamb, 9171 Muhulland Drive,
Huntington Beach, addressed the Council
and stated that his parents reside at
Villa Balboa and he is, therefore, very
concerned about the proposed
construction of a cancer center. He
stated they feel there would be a loss
of public view, as well as increased
traffic if the project is approved.
They also feel more time is needed to
study the issue, and that timing is not
that critical, inasmuch as there is
another cancer center approximately 15
miles from Newport Beach which can be
used for emergency purposes.
Dick Nichols, 519 Iris Avenue, addressed
the Council and stated that he works in
gas gathering systems and it's his
understanding that the bottom of the
subject parcel is a gas gathering
system, which has not properly been
stated. He also understands that there
is quite a bit of rock in the ground,
rocks covered with clay, and that gases
are constantly being gathered from the
entire area on both sides of the highway
and being brought to the burners and
being burned. He stated that it is
methane gas, which is of commercial
value and could be used and sold to the
hospital. With regard to the bluff
referenced earlier, he feels it is a
natural bluff, even though a portion has
been "sheared" off for construction
purposes.
Cordelia Ramsay Butler, 280 Cagney Lane,
addressed the Council and spoke in
opposition to the project. She stated
that if the project is approved, she
will lose her view, and that if the
bluff is allowed to be "cut into," it
will be hazardous to the Villa Balboa
building. She felt the development was
•
planned poorly, and should be denied.
Hearing no others wishing to address the
Council, the public hearing was closed.
Volume 40 - Page 429
COUNCIL MEMBERS
ROLL CAL
f
G
0
Motion
All Ayes
•
I]
WNUTES
F
October 27, 1986
IR9 ®Elt
Council Member Heather raised a question
U/P 1421
regarding the use of the existing
service road, which required reopening
the public hearing in order for Mr.
Schwartze to respond.
Mr. Schwart:ze stated that the existing
service road extension would connect
with the main campus under the covered
walkway and across, and service the new
parking lot: and cancer center.
Hearing no other comments, the public
hearing was closed.
x
Following discussion, motion was made to
sustain the decision of the Planning
Commission, with the provision that the
following words be added to Condition
No. 19: " . and in no event,
shall landscaping exceed the height of
the railing."
2. Mayor Maurer opened the public hearing
regarding the following initiated by the
City of Newport Beach:
GENERAL PLAN AMENDMENT 86 -2(C) - An
GPA 86 -2(C)
amendment to the Land Use Element of the
(45)
General Plan to redesignate the property
located at 3014 West Balboa Boulevard,
Newport Beach, from "Two- Family
Residential." to "Retail and Service
Commercial" uses;
AND
AMENDMENT NO. 10 TO THE LOCAL COASTAL
Amnd#lO
PROGRAM LAND USE PLAN - An amendment to
LCP /LUP
the Local Coastal Program Land Use Plan
so as to redesignate the property from
"Two— Family Residential11 to "Retail and
Service Commercial" uses;
AND
PLANNING COMMISSION AMENDMENT NO. 639 -
PCA 639
An amendment to Section 20.63 of the
(94)
Newport Beach Municipal Code, the
Cannery Village /McFadden Square Specific
Map, so as to redesignate the property
at 3014 West Balboa Boulevard from
"Two- Family Residential" to "Retail and
Service Commercial ;" and Districting Map
No. 8 to reclassify the subject property
from SP -6 (R -2) to SP -6, and establish
setbacks.
Report from the Planning Department, was
presented.
Volume 40 - Page 430
r-
COUNCIL MEMBERS
�S
October 27, 1986 -A�
ROLL A �
..t0 ,a
p: rfTr EPAR2
Russ Fluter, Applicant, 510 30th Street,
addressed the Council and stated that he
concurred in the recommendation of the
•
Planning Commission and was available
for questions.
Hearing no others wishing to address the
Council the public hearing was closed.
Motion
x
Motion was made to adopt Resolution No.
Res 86 -90
All Ayes
86 -90, approving General Plan Amendment
86 -2(C), an amendment to the Land Use
Element of the Newport Beach General
Plan, as it: pertains to the property
located at 3014 West Balboa Boulevard;
and adopt Resolution No. 86 -91,
Res 86 -91
approving Amendment No. 10 to the City's
Local Coastal Program, Land Use Plan Map
No. 8, redesignating the property
located at 3014 West Balboa Boulevard
from "Two - Family Residential0° to "Retail
and Service Commercial ;" and introduce
and pass to second reading on November
10, 1986, ORDINANCE NO. 86 -27, an
Ord 86 -27
amendment to Section 20.63 of the
Newport Beach Municipal Code, the
Cannery Village /McFadden Square Specific
Area Map, so as to redesignate the
property located at 3014 West Balboa
Boulevard from "Two- Family Residential"
to "Retail and Service Commercial," and
Districting Map No. 8 to reclassify the
subject property from SP -6 (R -2) to
SP -6, and establish setbacks.
E. PUBLIC COMMENTS:
1. Nancy Irvine, 3700 Newport Boulevard,
Harbor Regs/
representing Yacht Masters and Marine
Cmcl Actvts
Associates, addressed the Council and
stated that: they had a meeting last
Thursday with members of the Planning
Department staff regarding their parking
situation, which they felt was
beneficial and gave them some direction.
They realize they have many other
avenues to explore as a result of their
discussions with various City staff, and
would like to again meet with the
Tidelands Affairs Committee and City
Manager regarding commercial activities
on the water. They would also like to
request that their group be scheduled
at a future study session to discuss
their concerns further.
•
The Mayor informed Ms. Irvine that a
meeting has been scheduled with the
Tidelands Affairs Committee and that she
will be receiving proper notification of
the time and date.
Volume: 40 - Page 431
rmr
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 -92 amending
d Hoc Cncl
Resolution No. 85 -104 by extending
Aviation
the team of the Aviation Committee
ommittee
to December 31, 1987.
es86- 92(24)
(b) Resolution No. 86 -93 requesting
inane/
that the City of Newport Beach be
Local Agcy
accepted as a member of the Local
Invstmt Fnd
Agency Investment Fund. (Memo from
Res 86 -93
the Finance Director w /resolution)
(40)
(c) Resolution No. 86 -94 establishing
We Tip /"
the positive contributions of "We
rganiz
loes
Tip," the nonprofit citizen's crime
86 -94
fighting organization, to the
(61)
community.
(d) Resolution No. 86 -95 authorizing
- O- U /Aptd
the Mayor to execute a Memorandum
Officials
of Understanding for appointed
Res 86 -95
officials.
- 2627(38)
(e) Resolution No. 86 -96 authorizing
- O- U /Mgmt
the Mayor to execute a Memorandum
Key Emplyes
of Understanding for Management and
Res 86 -96
Key Personnel Employees.
C- 2628(38)
3. CONTRACTS /AGREEMENTS:
(a) Award Contract No. 2563 to SteinySt
Light
and Company. Incorporated, for the
Cnvrsn Prgrm
total price of $119,463; and
Phs III
authorize the Mayor and City to
C -2563
execute subject contract for Street
(38)
Light Conversion Program, Phase
III. (Report from Public Works)
(b) Authorize the Mayor and City Clerk
Npt Bay Bike
to execute an Agreement and Grant
Eqstrn Trl/
of Easement with The Irvine Company
The Irvine
regarding Upper Newport Bay Bicycle
Company
and Equestrian Trail (C- 2435).
C- 2435(F)
(Report from Public Works)
(38)
•
(c) Removed from the Consent Calendar.
Volume 40 - Page 432
COUNCIL MEMBERS
moo¢ 1p�9GS�G�F
•
•
9 \
F
October 27, 1986
(d) Authorize the execution of an
amended agreement with Sampson Oil
Company (C -2428) for operating
City -owned oil facilities in West
Newport. (Report from Utilities
Department)
(e) Award Contract to Ralph Anderson
for $39,100 as Consultant for
Classification and Compensation
Study„ (Report from Personnel
Director)
4. COMMUNICATIONS - For referral as indicated:
(a) Removed from the Consent Calendar.
(b) Removed from the Consent Calendar.
(c) To Pending Legislation and
Procedural Ethics Committee,
Resolution No. 1178 of the City of
Loma Linda opposing Ballot
Proposition 61.
(d) To Planning Department for reply,
letter from Attorney Richard T.
Mudge, representing Avalon Pacific,
Inc., objecting to decision made by
Council in accepting an amended
off -site parking agreement at 2751
West Coast Highway on September 22,
1986.
(e) To Aviation Committee for
consideration, City of Cerritos
excerpt from their Council Minutes
regarding air safety, and
requesting support for improved air
safety measures.
(f) To Pending Legislation and
Procedural Ethics Committee,
request for support from the
Metropolitan Water District of
Southern California for President
Reagan to sign H.R. 3113 into law
(allow the California State Water
Project and the Federal Bureau of
Reclamation to enter into a
Coordinated Operation Agreement).
ties/
Npt Oil,
-2428
38)
onnel/
fctn/
Study
(38)
(48)
(68)
Hoc Cncl
ation
24)
(48)
(g) To Traffic Engineer /Public Works Traffic /PW
Department for response, letter (85)
from Rolf Winterfelt regarding
increased traffic and the new lane
on the 55 Freeway.
Volume 40 - Page 433
COUNCIL MEMBERS
9GS`G��A99�y9yFg)�\ October 27, 1986
MINUTES
(62)
36)
tfus
Air
(h) To Parks, Beaches and Recreation
for inclusion in the records,
letter from Alcohol Advisory Board
of the Orange County Health Care
Agency commending the City Council
for its interest and action
regarding the social environment
during bike and foot races that
include participants under the age
of 21,
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
None.
6. CLAIMS FOR DAMAGES - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Judy A. Alcaraz for reimbursement
of storage fees imposed by G & W
Towing Yard for impounded stolen
car on August 24, 1986, alleging
she was not advised that her car
was in. storage yard until October
14, 1986.
(b) Lucia B. Anderson alleging personal
injuries as a result of trip and
fall on raised sidewalk slab in
•
front of 123 36th Street, West
_
Newport on August 23, 1986.
(c) David Bartholomew alleging City
truck backed into his vehicle at
Topaz Avenue, Balboa Island on
September 30, 1986.
(d) Edward Brejtfus alleging damage to
clothing from newly painted wall at
Balboa Pier on October 9, 1986,
claiming no signs were posted.
(e) Daniel Dutcher alleging personal
injuries as a result of being hit
while crossing intersection at
Pacific Coast Highway and Jasmine
Street on July 5, 1986.
(f) Robert R. Mayfield /Triangle Heating
and Air Conditioning, alleging
battery and battery charger which
was being used to install Air
Conditioner at Corporation Yard,
592 Superior Avenue, on October 10,
•
1986, was found missing at the job
site on October 13, 1986, and
seeking reimbursement.
Volume 40 - Page 434
(62)
36)
tfus
Air
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALOctober 27, 1986
ROLL s
MINUTES
lslnr v
n•vr.n
(g) The Newporter Inn seeking indemnity Newporter
from claim filed by Priscilla Inn
Seeler who fell in parking lot of
hotel at 1107 Jamboree Road and
sustained personal injuries on
March 1, 1985.
(h) Volkswagen Aktiengesellschaft Volkswagen
seeking indemnity from claim filed Aktiengesel-
by Linda Sue and Jerry Murray lschaft
resulting from accident at Superior
and West Coast Highway.
(i) Edward and Beth Walker alleging Walker
Police Officers used excessive
force and claimants were falsely
arrested at 2108 W. Ocean Front (in
front of Perry's Pizza) on July 13,
1986.
For rejection:
(j) Late Claim of Marion P. Anderson Anderson
alleging personal injuries as a
result of fall off the walkway at
Lido Marina Village on June 28,
1986.
(k) Late Claim of Yawer Ali Mohammed Mohammed
alleging his fishing pole was
•
damaged when he went to pick it up
at the Police Department.
7. SUMMONS AND COMPLAINTS - For denial and (36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Fountain Valley Transit Mix vs. L. Ft, Valley
R. Lehigh to Enforce Notice to Transit
Withhold Labor and Materials Bond, Mix /Lehigh
wares and merchandise sold and C -2461
delivered, etc., regarding City of
Newport Beach Contract No. 2461 -
Seashore Drive Reconstruction West
of Orange Street.
(b) Robert D. Harrison Complaint for Harrison
Damages for Deprivation of Civil
Rights and Demand for Jury, United
States District Court, Case No.
86- 6517- DT(Bx).
8. REQUEST TO FILL PERSONNEL VACANCIES: (66)
(Report from the City Manager)
(a) Approve one Police Sergeant, Patrol
•
Division.
Volume 40 - Page 435
ROLL
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\AL s� o s ti v
Gss 9 y�9 October 27, 1986
MINUTES
MUCA
9. STAFF AND COMMISSION REPORTS - For
Council information and approval:
(a) Report from the Planning Department
HUD /CDBG
recommending transmittal of a
Funds /HAP
•
one -year HOUSING ASSISTANCE PLAN
(87)
(HAP) to the DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (HUD) as
required by HUD in order to receive
next year's COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS.
(b) Report from the Parks, Beaches and
PB &R
Recreation Director recommending
(62)
discontinuance of further
investigation of a Municipal
Skateboard Facility.
(c) Report from the City Manager
Council
regarding Modification of Council
Policy
Policy Manual. (Attached)
(69)
(d) Memorandum from City Attorney
O'Donnell &
requesting approval of fees for
Gordon
O'Donnell & Gordon (C -2331) from
C -2331
September 1 - October 31, 1986.
(38)
(e) Financial Statement 1985 -86, and
Finance/
Management Letter regarding City
Audit
Audit I -or period ending June 30,
1986, from Moreland and Associates.
(40)
10. PUBLIC HEARING SCHEDULING - November 10,
1986:
(a) Proposed amended expenditure of
Federal
$126,440 from the Federal Revenue
Rev Shrg
Sharing Funds for Fiscal Year
(40)
1986 -87.
11. LIDO ISLE BRIDGE - Approve application
Lido Isle
to relocate existing chain link fence at
Bridge
Lido Isle Bridge. (Report from Public
(74)
Works)
12. SPECIAL EVENTS APPLICATION 4186 -187 -
Permit/
Uphold staff's recommendation to approve
Special Evnt
application of Ford Aerospace for
4186 -187
temporary road closure at Ford Aerospace
(65)
site and adjacent roads for "Spring
Tune -Up VII" 1, 5 and 10 K -Run,
Saturday, May 2, 1987, subject to
conditions in the staff report. (Report
from Business License Supervisor)
13. ENFORCEMENT OF SKATEBOARD REGULATIONS -
Skateboard
•
Recommend report from the Youth Council
Regs
regarding seasonal enforcement of
(85)
Skateboard Regulations be referred to
Traffic Affairs Committee for report
back.
Volume 40 - Page 436
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL �GROLL �`t Fp F9 October 27, 1986
MINUTES
trvu�x
14. BUDGET AMENDMENTS - For approval:
(25)
BA -036, $83,634 Increase in Budget
•
Appropriations for reappropriation of
prior year's encumbrances as required by
GAAFR (erroneously omitted when others
were submitted at Council meeting on
September 22, 1986); General Fund.
BA -037, $400 Increase in Budget
Appropriations and Revenue Estimates for
donations toy Mr, and Mrs. Howard B.
Rapp, Jr. ($200) and Tuesday Club ($200)
for the purchase of books; Library Fund.
BA -038, $5,000 Decrease in
Unappropriated Surplus and Increase in
Budget Appropriations for Tidelands
research for Balboa Bay Club; General
Fund.
BA -039, $9,635 Decrease in
Unappropriated Surplus and Increase in
Budget Appropriations to provide for
payment of retention of Little Balboa
Island Bridge Rehabilitation (C- 2209);
General Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
•
1. Letter from.Althea Line, President,
PD
Newport Bay Towers Homeowners
(70)
Association regarding alleged increased
disturbances in the surrounding vicinity
of 310 Fernando Street, was presented.
Loo Von Dyl, 310 Fernando Street,
addressed the Council regarding the
nuisance problems set forth in the above
letter, and their request for regular
police patrol during the hours of 10:00
p.m. to 1:00 a.m., Friday through
Sunday. He stated that they are
subjected to almost nightly
disturbances, and that visitors park on
their streets, in their alleys, and at
times on the sidewalks. Loud boistrous,
foul language, car screeching,
bottle - throwing, drinking, heavy litter,
urinating, and fights is the order of
their weekend nights.
!lotion
x
Following discussion, motion was made to
All Ayes
refer the subject letter to the Police
Department for reply.
.
2. Letter from Peggy LaGrandeur reguesting
PW /Permit
Council hearing for request to construct
(65)
brick wall encroachment at 2100 Miramar
Drive, Balboa, was presented.
Volume 40 - Page 437
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
\CALOctober 27, 1986
ROLL p luncv
Ms. LaGrandeur was advised to contact
the Public Works Department and make
application for encroachment permit,
which if filed timely, would appear on
the November 10, 1986 agenda.
Mo on
x
In view of the foregoing, motion was
All Ayes
made to refer the above letter to the
Public Works Department for appropriate
action.
3. Report from Public Works Department
PCH Widng/
recommending that the City Council
MacA- Jambre
approve the action on the agenda
(Phase I)
regarding Coast Highway Widening
C -2565
Project -- MacArthur Boulevard to Jamboree
(38)
Road (Phase I), was presented.
Dick Nichols, 519 Iris Avenue, addressed
the Council in opposition to the
proposed project. He stated that the
design is so large the highway will be
incompatible with adjacent neighborhood.
He stated that they are not against a
6 -lane road, but are opposed to an
8 -lane road. He urged the Council to
reconsider the project prior to taking
further action.
Motion
x
Following comments by Council Member
yes
Cox, motion was made to waive
the irregularity in the bid documents of
Fleming Engineering, Incorporated; and
award Contract No. 2565, PAU Project
M- 5001(35) to Fleming Engineering, Inc.
for the total price of $2,851,775; and
authorize the Mayor and City Clerk to
execute subject contract for Coast
Highway Widening Project -- MacArthur
Boulevard to Jamboree Road (Phase I).
H. ORDINANCES FOR ADOPTION:
None.
I. CONTINUED BUSINESS:
1. Report from Public Works regarding
Permit/
APPLICATION TO CONSTRUCT A FENCE AND
Encrchmt
GATE ACROSS PUBLIC RIGHT -OF -WAY BETWEEN
(65)
#1 CANAL CIRCLE AND 447 CANAL STREET,
was presented.
The City Manager summarized the subject
report noting that on August 25, 1986,
the City Council considered a letter
•
from Pete Compton, #1 Canal Circle,
appealing a denial by the staff of an
application for a permit for a
six - foot -high fence and gate that had
Volume 40 - Page 438
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
\CAL ROLL �f �A October 27, 1986 INDEX
�Y y`
been constructed across a 20- foot -wide
Permit/
public right: -of -way located between #1
Encrchmt
Canal Circle and 447 Canal Street in
Newport Shores. The City Council
continued the matter until October 27,
•
to permit the staff to report back with
alternatives.
It was further noted by the City Manager
that the 20• -foot right -of -way was
dedicated for public use by the
developer of Tract No. 772. The
property is unimproved except for a
storm drain down the center. Mr.
Compton has requested that the City sell
the property to him; however, because
the right-of-way was acquired by
dedication, it cannot be sold.
Furthermore, Section 39933 of the
Government Code implies that the City
cannot abandon the right -of -way because
it provides access from public streets
to navigable waters. In addition, the
staff of the Coastal Commission reports
that the fence is in violation of the
Coastal Zone Act because it prohibits
public access to the navigable waters of
the State.
Mayor Pro Tem Plummer stated that a
•
similar type of easement exists on the
other side of the Semeniuk Slough,
which she understands the property
owners were allowed to purchase. She
stated she would like the staff to
investigate the circumstances to
determine if they are similar to that of
Mr. Compton's, and report back on
November 10, 1986.
Motion
x
In view of the foregoing, motion was
All Ayes
made to continue this item to November
10, 1986.
J. CURRENT BUSINESS:
None.
K. ADDITIONAL BUSINESS:
None.
Meeting adjou d'� �'t 10: 5 h '!
I�
NAM
Y
O
ATTEST:
City Clerk
Volume 40 Page 439
�Y y`