HomeMy WebLinkAbout12/08/1986 - Regular MeetingCOUNCIL
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CITY OF NEWPORT BEACH
REGULAR COUNCIL MEETING
Ilea 79PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: December 8, 1986
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The following Proclamations were presented by
Mayor Cox to:
Scott Alan Polanic, in recognition of
Helping Hand Day, and to commend the
program and its efforts to promote
education and research through the
various health agencies; and
Corona del Mar Water Polo Swim Team
members, and Coach John Vargus, for
their contributions to the Kingdom of
Morocco in working with the U.S.
Ambassador and his Embassy in
representing the United States in a
foreign nation, through the interchange
of technical, social and cultural values
addressed and resolved by the 1985 -86
Morocco -USA SWIMMING CULTURAL EXCHANGE.
Jim Kennedy, Area Manager for Southern
California Edison Company, presented a formal
Certificate of Appreciation to the City in
recognition of SCE's Centennial Year
1886 -1986, and expressed gratitude to the
City for its support in the past 100 years.
A. ROLL CALL.
B. Motion was made to waive the reading,
and approve. the Minutes of the Adjourned
Meeting of November 19, and the Regular
Meeting of November 24, 1986.
Council Member Plummer referenced the
Minutes of the Regular Meeting of
November 24, 1986, to stand corrected to
read as follows:
Page 467, Item G -2 (third
paragraph, line 11) "...planting to
disguise the fence along Summit
Street."
The motion to approve the minutes of
November 19, and November 24 (as
corrected), and ordered filed, was voted
on and carried.
C. The reading of all ordinances and
resolutions under consideration was
waived, and the City Clerk was directed
to read by titles only.
D. HEARINGS:
1. Mayor Cox opened the public hearing and
City Council review of USE PERMIT NO.
3235 on property located at 3025 East
Coast Highway, a request to permit the
establishment of a take -out restaurant
Volume 40 - Page 478
U/P 3235
(88)
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December 8, 19805
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/P 3235
with incidental seating which
specializes in muffins and frozen
yogurt, on property located in the C -I -H
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District. The proposal also includes a
request to waive a portion of the
required off - street parking. Approved
by the Planning Commission on November
6, 1986.
Council Member Turner announced that he would
not be participating in this hearing, and
therefore, stepped down from the Council
table.
Report from the Planning Department, was
presented.
Jerry King„ 3187 Airway, Costa Mesa,
representing the applicant, addressed
the Council. and stated that all of the
applicant's yogurt shops are located in
similar type shopping centers and feed
on on -site existing traffic. With
respect to traffic and circulation
on -site, he stated that they had
discussed the issue with City staff and
understand their concerns, which
prompted them to undertake a traffic
study that took two week's time. As a
result of the study, it was found that
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no time during the survey period were
any of the 76 parking spaces on -site
ever used to their maximum. He stated
that the shopping center is an "old"
center, which was built in 1938, and is
the reason some tenants have moved
elsewhere. He stated that his applicant
intends to spend approximately $100,000
in tenant improvements. He stated that
they contacted all residents within the
"noticed" area, going door -to -door, and
found no objections to the proposed use,
with the exception of two persons who
refused to sign the petition in support.
They also surveyed persons coming and
going from Albertsons and adjacent
restaurant, who indicated no objections
to the proposed use.
With respect to the parking issue, Mr.
King stated that the shopping center's
master lease requires that the tenants
park off -site. He stated that they are
requesting the City waive a portion of
the required off - street parking,
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inasmuch as it basically takes two
additional on -site spaces for a parking
lot that already has less than adequate
parking. In conclusion, he requested
Volume 40 - Page 479
/P 3235
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December 8, 19136
that the Council uphold the decision of
the Planning Commission and approve the
use permit.
In response to Council inquiry, Mr. King
stated that the public restrooms on -site
are located to the rear of the subject
building opening to a common hall.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion was made to sustain the decision
of the Planning Commission.
Discussion ensued, wherein Council
Member Sansone expressed his concerns
regarding no public access to the
restrooms, storage of trash, on -site
traffic generated by aerobic center
located near proposed restaurant, future
use of the! subject building in the event
the yogurt: and muffin shop should leave
the site, and cleaning of utensils
on -site (grease traps), etc.
Discussion continued, wherein it was
noted by the staff that several of the
above - mentioned concerns are covered in
the Conditions of Approval imposed by
the Planning Commission.
A question was addressed to Mr. King
again, and therefore, the public hearing
was reopened.
In response to Council inquiry, Mr. King
commented that the muffins will be baked
and not fried, as are donuts, so there
will be a minimal grease problem, if
any. He also stated that the lease with
the aerobic center referred to by
Council Member Sansone, expires the end
of March, 1987. With respect to seating
within the proposed shop, they would
like to have enough tables to seat 16
patrons; however, the floor plan they
submitted depicts 6 tables which seats
only 12 persons.
Council Member Sansone expressed his
desire to limit the seating to 12
persons.
It was indicated by staff that Condition
No. 1 could be amended to include
reference to the submitted floor plan of
6 tables and 12 seats, to which there
were no objections from the Council.
Volume 40 - Page 480
U/P 3235
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December 8, 1986
Council Member Strauss questioned the U/P 3235
language "related products" in Condition
No. 2, to which the City Attorney
responded could be revised to read
"products of a similar nature" should
the Council desire.
With respect to Condition No. 6, it was
indicated that additional wording should
be added to reflect that the trash
receptacles shall be to the satisfaction
of the Building Official, to which there
were no objections.
At this time the public hearing was
closed.
The motion on the floor was voted on and
carried, including the changes to the
Conditions of Approval as so noted in
the foregoing.
2. Mayor Cox opened the public hearing and U/P 3238
City Council review of USE PERMIT NO. (88)
3238 on property located at 2727 Newport
Boulevard, a request to establish a
combination daytime take -out restaurant
with on -sale! beer and wine on property
located in the "Retail and Service
Commercial" area of the Cannery
Village /McFadden Square Specific Plan
Area. The proposal also includes a
request to waive a portion of the
required parking spaces in conjunction
with the daytime take -out restaurant
operation. Approved by the Planning
Commission on November 6, 1986.
Report from the Planning Department, was
presented.
Stephen Klebeck, Independent Development
Company, 2727 Newport Boulevard,
representing C & L Investments, and
owner and developer of the proposed
project, addressed the Council and
stated that he was available for
questions.
In response to inquiry of Council Member
Strauss regarding the two Planning
Commissioners who voted no on this
project, Mr,. Klebeck stated that they
were concerned with how to minitor a
take -out facility during the day that
optimizes dining facilities at
nighttime, I -or instance, how can you
stop people from sitting down in the
restaurant to eat something they have
purchased during daytime hours. Because
of this concern, they have negotiated
Volume 40 - Page 481
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December 8, 1986
with the tenant and it is integrated
into their lease that they are a
take -out restaurant during the day,
prior to 5 p.m., and that after that
time, they may have sit -down dining.
They are aware of the parking problem in
the area, and they do intend to act as a
policing agent for the City.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion was made to sustain the decision
of the Planning Commission.
Discussion ensued, wherein the Planning
Director advised that if a problem is
created with regard to the approved use,
and it is called to the attention of the
Planning staff, the use permit is
reviewed to assure that the applicant is
operating within the perimeters of that
use permit. If the applicant is not
acting within the confines of their use
permit, then the City has the authority
to require that they do conform with the
conditions of said use.
The Planning Director indicated that the
Planning Department does not have
sufficient staff to monitor the various
conditions of approval imposed by the
Planning Commission.
Council Member Hart indicated that
possibly the subject of monitoring and
policing these types of issues could be
discussed at budget time with a view to
increasing the staff to handle such
duties and responsibilities.
The City Manager pointed out that
Condition No. 21 does require that the
subject use shall be reviewed by
the Modifications Committee in six
months.
Following comments by various Council
Members, Council Member Hart moved to
amend the subject motion and revise
Condition No. 21 to read as follows:
"That Use Permit No. 3238 shall be
reviewed by the Planning Department
in seven months."
The above amendment was acceptable to
the maker of the motion, and the motion,
as amended, was voted on and carried.
Volume 40 - Page 482
U/P 3238
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December 8, 1986
3. Mayor Cox opened the public hearing
regarding proposed ORDINANCE NO. 86 -31,
being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING SECTION 20.10.025 OF
THE NEWPORT BEACH MUNICIPAL CODE AS
IT PERTAINS TO PERMITTING BAY
WINDOWS AND GREENHOUSE WINDOWS TO
ENCROACH INTO REQUIRED YARD
SETBACKS IN RESIDENTIAL DISTRICTS,
PLANNING COMMISSION AMENDMENT NO. 641,
initiated by the City of Newport Beach
to amend Section 20.10.025 of the
Municipal Code, as it pertains to
permitting bay windows and greenhouse
windows to encroach into required yard
setbacks in residential districts.
Report from Planning Department, was
presented.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion was made to adopt Ordinance No.
86 -31.
4. Mayor Cox opened the public hearing
regarding:
GENERAL PLAN AMENDMENT NO. 86 -2(B) - An
amendment to the Land Use Element and
Map of the Newport Beach General Plan
changing the designation of 3.6 acres of
property between Superior Avenue and
Placentia Avenue approximately 290 feet
to the north of Fifteenth Street, from
"Retail and Service Commercial" to
"Multi- Family Residential," and to apply
a floor area limitation of 1.0 on 6.8
acres of land between Superior Avenue
and Placentia Avenue, approximately 590
feet to the north of Fifteenth Street to
the northerly City boundary, which is
designated for "General Industry" uses,
and the acceptance of an Environmental
Document; and
PLANNING COMMISSION AMENDMENT NO. 640 -
An amendment: to Districting Maps 22 and
25, reclassifying 3.6 acres of property
between Superior Avenue and Placentia
Avenue approximately 290 feet to the
north of Fifteenth Street, from
Unclassified and Unclassified (MHP) to
R -3 (2178) and R -3 (2178) (MHP), and to
reclassify the property between Superior
Avenue and Placentia Avenue,
Volume 40 - Page 483
Ord 86 -31
Zoning
(94)
641
GPA 86 -2(B)
(45)
640
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approximately 590 feet to the north of
Fifteenth Street to the northerly City
boundary, from M -1 -A to M -1 -A (1.0),
reducing the permitted level of
development on the property from 3.0
times the buildable area to 1.0 times
the buildable area of the site; and
REQUEST FOR DENSITY BONUS - Request for
density bonus in accordance with Section
65915 of the California Government Code
so as to construct an apartment complex
with 25 units affordable to lower income
families; and
TRAFFIC STUDY - Request to consider a
traffic study so as to permit the
construction of a 25 unit apartment
complex on the property.
Report from the Planning Department, was
presented.
The City Manager distributed a sketch of
the subject area depicting the existing
land uses, i.e., general industry,
multi- family residential and apartment
site. He stated that in summary, the
General Plan Amendment maintains the
general industry use, but decreases the
density from 3.0 to 1.0; it modifies the
land use designation in the lower
portion of the General Plan area from
Retail and Service Commercial to
Multi - Family Residential, and proposes
that the existing boat storage area be
modified to accommodate 25 apartment
units for affordable to very low income
families. The Mesa Development Company
is proposing to utilize $357,000 of CDBG
funds to assist in the acquisition of
land for this project.
The Planning Director distributed an
amendment to proposed resolution
amending the Land Use Element and Map of
the General Plan, and accepting the
Environmental Document which states as
follows:
1. Add to discussion of
Statistical Area A2: "The
area between Placentia and
Superior designated for
'General Industry' uses shall
be limited to a floor area
ratio of 1.0."
Volume 40 - Page 484
86 -2(B)
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2. Add to discussion of
Statistical Area A3: "The
land approximately 290 feet to
590 feet to the north of
Fifteenth Street, between
Placentia Avenue and Superior
Avenue, is designated for
'Multi - Family Residential'
uses at a density of 20
dwelling units per buildable
acre."
3. Update estimated residential
growth projections for
Statistical Area A3 to reflect
the change in designation from
"Retail and Service
Commercial" to "Multi- Family
Residential."
John Miller (no address given) addressed
the Council and requested clarification
of the proposal with regard to
residential units, to which the Planning
Director responded that the total area
being reclassified to Multi- Family
Residential is 3.6 acres, and the
specific project under consideration at
this time is the .81 acre parcel which
will accommodate the 25 dwelling units.
The Planning Director added that the
zoning the City has allowed for the
balance of the former County Triangle is
a density which would allow up to 20
dwelling units per acre. The 59
dwelling units he mentioned earlier
would be built on the remaining 2.79
acres.
Larry Campeau, representing Mesa
Development Company, addressed the
Council and stated that it is his
understanding that the owner of the
mobile home park on Superior Avenue has
no intention of changing its use. With
regard to the plumbing and welding shop
on Placentia, the current tenant has 211
years remaining on his lease.
Pertaining to their 25 unit project,
they do intend to provide an on -site
recreational play area for children.
Hearing no others wishing to address the
Council, the public hearing was closed.
Council Member Plummer stated that she
felt the City was very fortunate in
having Mesa Development provide such
excellent affordable housing for a
30 -year period and commended them on
their recent development on 15th Street.
Volume 46 - Page 485
GPA 86 -2(B)
CITY OF NEWPORT BEACH
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Motion
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Motion was made to adopt Resolution No.
86 -100, amending the Land Use Element
and Map of the Newport Beach General
Plan and accepting the Environmental
Document; adopt Ordinance No. 86 -32,
amending Districting Maps 22 and 25 as
set forth in Planning Commission
Amendment No. 640; adopt Resolution No.
86 -101, granting a Density Bonus and
allocating Community Development Block
Grant funds; approve the Traffic Study
subject to the findings as attached to
the staff report; Approve amendment to
Resolution No. 86 -100, Items 1, 2 and 3,
as presented in the foregoing by the
Planning Director; and Direct the Parks,
Beaches and Recreation Commission to
inventory the land along 15th Street for
potential park acquisition and report
back within 60 to 90 days.
Council Member Hart stated that she will
support the motion but without prejudice
as to the directive to the Parks,
Beaches and Recreation Commission
regarding the potential park
acquisition.
The motion was voted on and carried.
Mayor Cox opened the public hearing on
TENTATIVE MAP OF TRACT NO. 12873, a
request to subdivide 1.147 acres of land
into six (6) lots for single family
residential development on property
located in the R -1 District. The
proposal also includes a request to
approve a rough grading plan for the
purpose of establishing building pad
elevations for the measurement of
allowable building heights; the approval
of a modification to the Zoning Code so
as to allow a 5 foot high retaining wall
along the rear of Lot 1 which encroaches
10 feet into a required 10 foot front
yard setback adjacent to Cliff Drive; to
allow a 10 foot front yard setback on a
portion of 'Lot 6 where a 20 foot setback
would normally be required; and the
acceptance of an Environmental Document.
Report from the Planning Department, was
presented.
Bob Newberry, 608 St. James Place,
co- applicant, addressed the Council and
summarized the proposed project,
advising that he and his co- partner will
each be occupying two of the six homes
to be built, so they are definitely
Volume 40 - Page 486
GPA 86 -2(B)
Res 86 -100
Res 86 -101
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December 8, 1986
concerned with the quality of the
structures.. He stated that they have
met with the homeowners associations in
the area, the Parks, Beaches and
Recreation Commission and the Board of
Directors of the Theatre Arts, and in
most instances they have received
unanimous approval of their project.
The major issue focused on has been
views and they have completed an
analysis which indicated overall there
is less than a 1% impact on views. They
have restricted development on Lot 5
which will further enhance public views;
agreed to an easement on the lower part
of Lot 5 for access to Tustin Avenue;
and the development of a landscape plan.
Brien Jeannette, architect for the
project, addressed the Council and
stated that the proposal is a
culmination. of many meetings, and that
it has been endorsed by several groups,
primarily because of its view
protection. He stated that they have
created some nice views over the site
for the residences behind their
development. With respect to public
views, he stated that with the help of
the Planning Commission, they analyzed
the views from many portions of the
site, which. he displayed in photographs.
He discussed the view analysis they
completed which was included with the
City Council's agenda material. He also
displayed an aerial view of the proposed
project. He stated that views would be
protected forever with the development
of their project, and urged the Council
to sustain the decision of the Planning
Commission and approve their proposal.
In response to question raised by
Council Member Turner regarding the
CC &R's for Lot 5, as required by
Condition No. 36, Howard Tuttle, 1136
Summerset Lane, Co— applicant, addressed
the Council., stating that the CC &R's
have not ye.t been completed.
Reference was made to a letter dated
November 12, 1986, from the Newport
Heights Community Association which the
Planning Director noted was received
after this item was heard before the
Planning Commission. However, the
Planning Commission, in their action on
the Tentative Map, did impose conditions
which they felt were adequate in order
to mitigate any loss of public view.
Volume 40 — Page 487
COUNCIL MEMBERS
CITY OF NEWPORT BEACH
December 8, 1986
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Mr. Tuttle addressed the Council again
pertaining to Condition No. 32 regarding
Site Plan Review by the Planning
Commission. He stated that at the time
• the condition was imposed, they were
unaware of the ramifications, timing,
and cost of a site plan review, and
inasmuch as their project is not
commercial or industrial in nature, they
would like to have this condition either
modified or deleted.
Discussion ensued, wherein the Planning
Director advised that there are
basically three Conditions of Approval
which were placed on this development
that deal with the issue of views, i.e.:
#16 - That the applicable height
limits for future development
of the subdivision shall be
measured from grades as shown
on the approved rough grading
plan approved by the City
Council.
#17 - That the building envelope on
Lot 5 shall be limited to a
maximum roof height
• corresponding to an elevation
of 81 feet as shown on the
approved grading plan and that
any development on Lot 5,
beyond 130 feet from the
proposed cul -de -sac shall not
exceed an elevation of 65
feet.
#32 - That the future development
on this site, shall be subject
to the approval of a Site Plan
Review by the Planning
Commission.
The Planning Director stated that the
applicant has submitted, as a part of
the Council package, a rough grading
plan which shows the proposed elevation
of each lot, and a site plan which
depicts the maximum ridge elevations of
the dwellings proposed for each lot. He
commented that in most cases, the
maximum height of the dwelling above pad
elevation will be approximately 14 feet,
which is about 10 feet lower than what
• would be permitted under the City's
zoning regulations. If the City Council
desires to eliminate Condition No. 32
Volume 40 - Page 488
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regarding site plan review, and expand
Condition No. 16, perhaps the need for
site plan review could be largely
eliminated.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion was made to modify the decision
of the Planning Commission for the
subject tract, changing Condition No. 32
to read as follows:
"That the future development on
this site shall be subject to the
approval of a Site Plan Review by
the Planning Commission on Lot No.
5, and that the filing fee for said
Site Plan Review shall be waived."
6. Mayor Cox opened the public hearing on
GENERAL PLAN AMENDMENT NO. 86 -1(H),
being an amendment of the Housing
Element of the Newport Beach General
Plan to update the Housing Element to
include an analysis of families and
persons in need of emergency shelter and
provisions for the needs of families and
persons in need of emergency shelter.
Report from the Planning Department, was
presented.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion was made to adopt Resolution No.
86 -102, approving General Plan Amendment
No. 86 -1(H) in concept and directing
staff to forward a copy of the draft
amendment to the State Department of
Housing and Community Development for
their review and comment.
E. PUBLIC COMMENTS:
None.
F. CONSENT CALENDAR:
The City Attorney referenced Consent Calendar
Item No. 7(a), Claim of Lawrence Gail Aaron
seeking comparative equitable apportionment
and indemnification against the City, and
advised that he had been in contact with the
attorney representing the claimant in the
above case, and that the claimant was served
with a Summons and Complaint on October 10,
1986, which would make the claim timely
filed, and therefore, would like the record
Volume 40 - Page 489
GPA 86 -1(H)
(45)
Res 86 -102
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to reflect same. He stated this was for
informational purposes only and that the item
did not need to be removed from the Consent
Calendar for separate action.
The following actions were taken as
indicated, except for those items removed:
1.
2.
3
ORDINANCES FOR INTRODUCTION:
None.
RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 86 -103 determining Finance/
and establishing an appropriations Approp Lmt
limit for Fiscal Year 1986 -87 in Res 86 -103
accordance with Article XIII -B of (40)
the California Constitution and
Government Code Section 7910.
(Memorandum from Finance Director)
(b) Resolution No. 86 -104 authorizing
the Mayor and City Clerk to execute
a renewed 2 -year agreement
regarding the City /County Joint
Powers Agreement for the purpose of
off/on--shore mooring management in
Newport: Bay. (Report from the
Marine Department)
City /County
Jt Pwrs Agm/
Of /Onshr
Morg Mgmt
C -2241
Res 86 -104
(38)
(c) Resolution No. 86 -105 declaring Budget /Lcl
intent to provide matching funds Gvt Cstl Mgm
for the Local Government Coastal Imprvm Prg
Management Improvement Program. as 86 -105
(Report: from Executive Assistant to (25)
the City Manager)
(d) Resolution No. 86 -106 reciting the
fact of the Special Municipal
Election Held on November 25, 1986,
declaring the results and such
other matters as provided by law.
CONTRACTS/AGREEMENTS:
(a) Authorize the Mayor and the City
Clerk to execute agreements with
four (4) nonprofit organizations
(YWCA Hotel for Women /Orange Coast
Interfaith Shelter /Share Our
Selves /Someone Cares Soup Kitchen)
to provide services to the homeless
using FY 1986 -87 Community
Development Block Grant (Urgent
Appropriations Act) funds. (Report
from Planning Department)
Volume 40 - Page 490
lection/
pecial
1/25/86
es 86 -106
39)
nprft Org
'86 -87
7)
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December 8, 1986
4.
5.
6
COMMUNICATIONS - For referral as
indicated:
(a) To staff for inclusion in the
records, letter of thanks from
Milly Day for $1,500 grant to the
"latchkey children" of the
Newport -Mesa Unified School
District.
(b) To Building Director for response,
letter from Mast 8 Mast, Attorneys
representing Hector and Juliet
Hesse regarding alleged building
code /permit violation concerning
neighboring property in the
vicinity of 231 Santa Ana Avenue.
MINUTES
School
(78)
(26)
(c) To staff for inclusion in the O/C Trsptn
records, letter of thanks from City Cmsn
of Anaheim Councilman Iry Pickler (54)
for support in his election to the
Orange County Transportation
Commission.
COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Copy of correspondence from Harrah
Corporation to Orange County Board
of Supervisors regarding Annual
Pier Permit requirements.
(b) Preliminary Agenda of Local Agency
Formation Commission of Orange
County for December 3, 1986.
(c) Copy of communication to Orange
County Division of League of Cities
regarding establishing a new
freeway authority in the County.
(d) Public Notice of U.S. Army Corps of
Engineers regarding rules for
administration of regulatory
program under the Rivers and
Harbors, Act of 1899 /The Clean Water
Act and'. the Marine Protection,
Research and Sanctuaries Act.
(e) State Department of Alcoholic
Beverage Control Notice of Public
Hearing under Senate Concurrent
Resolution No. 65 (Russell).
CLAIMS FOR DAMAGES - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Darrell. Norris Burthe alleging that
as a result of being arrested
Volume 46 - Page 491
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(involved in traffic collision near
Balboa /Cypress on June 20, 1986)
his truck was impounded for
investigation, released August 26,
1986 by the Police Department, but
G & W 'rowing had already sold truck
for storage fees.
(b) Jannet Evelyn Ennis alleging
personal injuries as she exited bus
which dropped her off at
intersection crosswalk; thereafter
being hit by independent vehicle,
claiming that bus driver failed to
warn her that she was not being
dropped off at marked bus stop on
August 26, 1986 (unknown streets)
in Corona del Mar.
(c) The Lusk Company for damages
(regarding claim filed by Roger
James for personal injuries as a
result of dangerous condition,
i.e., :standing water in Newporter
Resort, 1107 Jamboree Road parking
lot on August 4, 1985).
(d) Jason Schaffer by guardian Michelle
Dawn Schaffer alleging personal
injuries as a result of being a
passenger in automobile which was
caused to drive off said road,
claiming City failed to provide
adequate lighting, traffic
markings, guard rails, etc. on
September 19, 1986, on Back Bay
Road, 999 feet south of Milepost
INT 1055.
(e) Fred Schultz alleging invasion of
constitutional rights, emotional
damage as a result of Newport Beach
Police Officers detaining him on
complaint of exposing himself to a
woman in the vicinity of the beach
area on November 24, 1986.
(f) State Farm Insurance (Richard Van
de Plasch) alleging pedestrian
Laura Gardner, while jogging across
PCH on September 8, 1986, entered
intersection during walk signal;
before Ms. Gardner could complete
crossing, street light changed to
red allowing traffic on PCH to
commence travel, causing insured
driver to hit pedestrian, alleging
signal light /design of intersection
as resultant cause of accident at
Pacific Coast Highway and Prospect.
Volume 40 — Page 492
Ennis
Co.
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State Farm
Ins /Van de
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
MINUTES
December 8, 1986
7. SUMMONS AND COMPLAINTS - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Complaint of Lawrence Gail Aaron
for Comparative Equitable
Apportionment and Indemnification
by way of Cross- Complaint against
the governmental entity of the City
of Newport Beach filed by the law
firm of Gilbert, Kelly, Crowley &
Jennett on November 26, 1986
regarding Torrez v. Jose Ramos
Nava, City of Newport Beach, et al,
- Second Case - Wrongful Death,
Orange County Superior Court
#44 -29 -48 (date of accident:
November 5, 1983).
(b) Mary Pat Earl for personal
injuries, etc., Orange County
Superior Court, Case No. 50- 19 -04.
Claim was denied by City Council on
May 12, 1986.
(c) John 11romadka for personal
injuries, Orange County Superior
Court, Case No. 50- 49 -66. Claim
was denied by City Council on April
28, 1986.
(d) Kenneth A. Klein for personal
injuries, violation of
constitutional rights, general
negligence, etc., Orange County
Superior Court, Case No. 50- 66 -03.
Claim was denied by City Council on
March 10, 1986.
8. REQUEST TO FILL PERSONNEL VACANCIES:
(Report from the City Manager)
(a) Approve two (2) Police Clerk I'a,
Administrative Division.
(b) Approve one (1) Police Officer,
Patrol. Division.
(c) Approve one (1) Fire Engineer.
(d) Approve one (1) Paramedic.
Volume 40 - Page 493
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December 8, 1986
9. STAFF AND COMMISSION REPORTS - For
Council approval and information:
(a) Report: from City Attorney Bal B1 Wdng/
recommending approval of Silveri & 32 -44th Sts
Le Bouef JV, to substitute Garcia & C -2568
Sons as subcontractors (Balboa (38)
Blvd. Widening between 32nd and
44th Streets, Contract No. 2568).
10. PUBLIC HEARING SCHEDULING - January 12,
1987:
(a) PLANNING COMMISSION AMENDMENT N0.
637 - a request to amend the
Newport Place Planned Community
Development Plan so as to
reclassify property designated as
"Restaurant Site 2A" to
"Professional and Business Offices
Site 8" so as to permit the
construction of a 54,000 sq. ft.,
four story office building on the
property. The proposal also
includes a modification to the
Zoning Code and to allow the use of
compact parking for a portion of
the required off - street parking
spaces; a request to provide
off - street parking based on a
formula of one parking space for
each 250 square feet of net floor
area rather than one parking space
for each 225 square feet; and the
acceptance of an Environmental
Document. (Report from the
Planning Department)
(b) APPEAL OF SID SOFTER FOR USE PERMIT
NO. 3240 - conditionally approved
by the Planning Commission on
November 6, 1986, a request to
permit second story outdoor eating
area; purchase in -lieu parking and
change hours of operation; and
appeal fee of $258.
11. CLIFF DRIVE PARK REFURBISHMENT (CONTRACT
NO. 2534) - Approve the plans and
specifications; and authorize the City
Clerk to advertise for bids to be opened
at 11:00 a.m., on January 8, 1987.
(Report from Parke, Beaches and
Recreation)
Volume 40 - Page 494
637
(94)
J/P 3240
(88)
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COUNCIL MEMI
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December 8, 1986
MINUTES
12. STREET LIGHT REPLACEMENT /BALBOA
St Lt Rplcm/
BOULEVARD FROM ALVARADO STREET TO "B"
Bal B1
STREET, (CONTRACT NO. 2562) - Approve
C -2562
the plans and specifications; and
(38)
•
authorize the City Clerk to advertise
for bids to be opened at 11:00 a.m. on
December 30, 1986. (Report from Public
Works Department)
13. ALLEY PAVING IN BLOCK 225, LANCASTER'S
Alley Pavg
ADDITION (IN CITY BLOCK BOUNDED BY
Blck 225
NEWPORT BOULEVARD, 29TH STREET, VILLA
(74)
WAY AND 28TH STREET) - Uphold staff's
recommendation to direct staff to use
the procedure of Chapter 27 of the
Improvement Act of 1911 to complete
Improvements in the alley in Block 225,
Lancaster's Addition; and schedule for
public hearing on January 12, 1987 to
hear protests, if any. (Report from
Public Works Department)
14. RESUBDIVISION NO. 811 - Approve a
Resub 811
subdivision agreement guaranteeing
(84)
completion of the public improvements
required with Resubdivision No. 811
(Lots 58 -67 and a portion of Lot 68,
Block A, Tract No. 673, located at 3901
East Coast Highway, on the southeasterly
corner of East Coast Highway and Hazel
•
Drive in Corona del Mar); and authorize
the Mayor and the City Clerk to execute
subject agreement. (Report from Public
Works Department)
15. BUDGET AMENDMENTS - For approval:
(25)
BA -054, $2,690 - Transfer in Budget
Appropriations for surf and weather
report machines to replace three in
constant need of repair; Marine
Department Fund.
BA -055, $7,500 - Transfer in Budget
Appropriations for Microcomputer for
Deputy Finance Director; Finance
Department Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
None.
H. ORDINANCES FOR ADOPTION:
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1. Proposed ORDINANCE NO. 86 -30, being,
Ord 86 -30
Bus Lic/
AN ORDINANCE OF THE CITY OF NEWPORT
Massage
BEACH AMENDING SECTION 5.50.025 (B)
(27)
(4) PERTAINING TO MASSAGE PARLORS,
Volume 40 - Page 495
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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Ayes
Motion.
All Ayes
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was presented for second reading with
report from the Assistant City Attorney
dated November 17, 1986.
Motion was made to adopt Ordinance No.
86 -30.
I. CONTINUED BUSINESS:
1. Report from the City Manager regarding
REQUEST OF CONFERENCE AND VISITORS
BUREAU, was presented.
The City Manager advised that he had
been contacted by the Conference and
Visitors Bureau requesting this item be
continued to January 12, 1987.
Motion was made to continue the above
matter to January 12, 1987, as
requested.
J. CURRENT BUSINESS:
1. PLANNING COMMISSION VACANCY:
MINUTES
(40)
,
Motion was made to confirm the following Planning
nominations of the Appointments Commission
Committee for appointment on January 12,
1987, to fill the unexpired term of
Clarence Turner ending June 30, 1988:
Michael Lapin
W11-7
Gary Pomeroy
Council Member Strauss stated that there
may be another nominee for the Planning
Commission, although he has no candidate
in mind, who would represent a slightly
different point of view than one of the
nominees, and would like the opportunity
to possibly pose another candidate on
January 12, 1987 for consideration. He
stated this procedure is permitted
pursuant to Council Policy A -4, and it
has been done in the past.
2. APPOINTMENTS BY MAYOR TO VARIOUS COUNCIL Cncl Ad Hoc/
STANDING AND AD HOC COMMITTEES; AND Stndg Cmts
JOINT GOVERNMENTAL COMMITTEES.
Correspondence from the Orange County (24)
Sanitation District, and Orange County
Vector Control District, regarding
Council reorganization.
Volume 40 - Page 496
COUNCIL MEMBERS
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Motion x
All Ayes
Motion x
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CITY OF NEWPORT BEACH
MINUTES
December 8, 1986
Mayor Cox stated a year ago the
Appointments Committee recommended that
the Council change the characteristics
of the Environmental Quality Committee,
and merge the Beautification and Traffic
Affairs Advisory Committees into one
committee, to be known as the Quality of
Life Citizens Advisory Committee. He
stated that it has come to his attention
through a variety of sources that this
committee has operated in somewhat of an
"awkward" fashion this past year, due to
possibly having too many objectives,
etc. He, therefore, felt it would be
appropriate to refer the resolution
establishing the Quality of Life
Committee to the Appointments Committee
for review with a report back on January
12, 1987, and defer any appointments to
said committee until a decision has been
made on this issue.
In view of the foregoing, motion was
made to approve the subject
recommendation and refer Resolution No.
86 -6 to the Appointments Committee for
report back on January 12, 1987.
Motion was made confirming the following
appointments:
COUNCIh STANDING COMMITTEES
Pending Legislation and
Procedural Ethics
Committee
Chairman - City Attorney
City Manager
Council Member Strauss
Council Member Turner
Underground Utilities
Coordinating Committee
Council Member Sansone
Water Committee
Council Member Maurer,
Chairman
Council Member Sansone
Appointments Committee
Council Member Hart,
Chairman
Council Member Turner
Volume 40 - Page 497
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
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ROLL CALL $' December 8, 1986 INDEX
E ;udget Committee
Budget
Council Member Strauss,
Chairman
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Council Member Turner
Off- Street Parking Committee
Off- Street
Parking
Council Member Plummer,
Chairman
Council Member Turner
Tidelands Affairs Committee
Tidelands
Affairs
Marine Director
Council Member Maurer,
Chairman
Council Member Plummer
COUNCIL AD HOC COMMITTEES
Aviation Committee
Aviation
Council Member Strauss,
Chairman
Council Member Turner
City Attorney
City Manager
Pete Drummond, Rep /Homeowners
Assn
•
Marilyn Hendrickson,
Rep /Homeowners Assn
(Alternate appointment
Deferred to 1/12/87)
Vin Jorgensen, Rep /Airport
Working Grp
Dorothy Hardcastle, Alternate
Tom Edwards, Volunteer
Attorney
JOINT GOVERNMENTAL COMMITTEES
City- School Liaison Committee
ity -Schoo
City Manager
Council Member Strauss
Council Member Sansone
Inter City Relations Committee
Enter-City
elation
City Manager
Council Member Hart
Council Member Plummer
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Joint Committee for the Evaluation
and Implementation of the Upper
t Cmte /Ev
mplmt Upr
Newport Bay Cooperative Agreement
qpt Bay
oop Agmt
Council Member Hart
Council Member Maurer, Alternate
Volume 40 - Page 498
COUNCIL MEMI3ERS
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CITY OF NEWPORT BEACH
MINUTES
December 8, 1986
Joint Harbor Committee
Council Member Strauss
Council Member Sansone
League of California Cities /Orange
County Division
Mayor Cox
Council Member Hart, Alternate
Orange County Vector Control
District /Board Trustees
Council Member Plummer
Orange County Sanitation Districts
District 5
Mayor Cox
Council Member Plummer, Alternate
to Mayor
Council Member Hart
District 6
Council Member Maurer
Council Member Plummer, Alternate
Diatrirh 7
Mayor Cox
Council Member Plummer, Alternate
to Mayor
Southern California Association of
Governments (SCAG)
Mayor Cox
Mayor Pro Tem Hart, Alternate
Santa Ana River Flood Protection
Agency
Council Member Plummer
Council Member Maurer, Alternate
Orange County -City Liaison Protocol
Committee
Jerrel Richards, Citizen /Rep
Jim Dale, Citizen /Alternate
Inter - County Airport Authority
Council Member Hart
Council Member Turner, Alternate
Volume 40 - Page 499
Jt Harbor
Orange
County /Lg
Orange
County
Vector Cntrl
Orange
County
Sanitation
A Rvr
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COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
December 8, 1986
Orange County Housing
Commission- Advisory Committee
Craig Bluell, Advanced Plannning
Staff'
Robert Brockman, Citizen /Alternate
San Joaquin Hills Transportation
Corridor Joint Powers Agency Board
of Directors
Mayor Cox
Council Member Hart, Alternate
CITIZENS ADVISORY
COMMITTEES- CHAIRMAN /VICE
CHAIRMAN /LIAISON
_Bicycle Trails /Citizens Advisory
Committee
Council Member Sansone, Liaison
Council Member Maurer, Liaison
Harbor Quality /Citizens
Advisory Committee
Council Member Strauss, Chairman
Council Member Maurer, V /Chrm
Quality of Life /Citizens Advisory
Committee
(Two (2) Council Liaison
appointments deferred to 1/12/87)
Youth Council /Citizens Advisory
Committee
Council Liaison Maurer
3. APPOINTMENTS TO THE CITIZENS ADVISORY
COMMITTEES for a one -year term expiring
December 31, 1987 (appointed by Council
upon recommendation of each Council
Member).
Motion was made confirm the following
appointments:
Bicycle Trails Citizens Advisory
Committee
(District 1) Council Member
Strauss's appointments deferred to
January 12, 1987.
(District 2) Council Member
Plummer's reappointment of Todd
Schooler; remaining appointment
deferred to January 12, 1987.
Volume 40 - Page 500
MINUTES
Orange
County
Housing
S/J Hls
Trnsptn
Crdr /JtPwrs
BT /CAC
HQ /CAC
tz Advsry
COUNCIL MEMBERS
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Motion
All Ayes
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CITY OF NEWPORT BEACH
MINUTES
December 8, 1986
(District 3) Mayor Pro Tem Hart's
reappointments of Robert Cooper and
Donald Harvey.
(District 4) Council Member
Turner's appointments deferred to
January 12, 1987.
(District 5) Council Member
Maurer's reappointments of James
Andre and Rob Patterson.
(District 6) Council Member
Sansone.'s appointments deferred to
January 12, 1987.
(District 7) Mayor Cox's
reappointments of William Marshall
and Peggy Smith.
As was discussed in the foregoing, the
Quality of Life /Citizens Advisory
Committee appontments were deferred to a
latter date.
4. APPOINTMENTS TO THE TECHNICAL OIL
ADVISORY COMMITTEE (Nominated by the
Appointments Committee, and appointed by
the City Council - -See Council Policy A -9
with agenda item J -2):
Technical Oil Advisory Committee
Motion was made to defer to January 12,
1987, the appointment to a 4 -year
staggered term ending December 31, 1990.
K. ADDITIONAL BUSINESS:
1. APPLICATION OF OTTO BIXLER TO CONSTRUCT
IMPROVEMENTS - in the right -of -way
adjacent to 701 Begonia Avenue, was
presented with a report from Public
Works.
The Public Works Director summarized the
report, noting that the applicant has
applied for a permit to construct an
18 -inch high retaining wall, raised
planters, brick stairways, and brick
walkways in the public right -of -way on
Fourth Avenue, adjacent to Begonia
Avenue.
It was noted that in this area of Corona
del Mar, there are sidewalks on the
north -south named streets. The reason
the raised planters and stairways are
desired is that the house is elevated 2'h
to 3 feet above the street. The raised
Volume 40 - Page 501
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December 8, 198E
planters will also protect the roots of
a number of private trees located on the
property line.
It was recommended by the staff that if
the subject permit is approved, it be
subject to:
1) Execution of an agreement for
nonstandard improvements; and
2) Construction of a 4 -foot wide
Portland cement concrete
sidewalk adjacent to the curb
on Fourth Avenue; or
3) If brick walkway is approved,
it be subject to construction
over 4 inches of portland
cement concrete pavement.
Otto Bixler, applicant, addressed the
Council in .support of his request. He
stated that work has already been
issued, ignorant of the fact that a
permit was needed. He described the
proposed improvements as shown on the
sketch attached to the staff report.
Discussion ensued, wherein the Public
Works Director advised that the other
interested party in this matter, Mr.
Ellis, was notified of this meeting. He
also pointed out that the agreement for
nonstandard improvements is an agreement
between the City and property owner that
establishes the specifications which are
approved by the City Council, the
maintenance and liability and
responsibilities; and a recorded
agreement that runs with the land.
Motion was made to approve the
application of Otto Bixler, with the
brick walkway, subject to construction
over 4 inches of Portland cement
concrete pavement, and subject to
execution of an agreement for
nonstandard improvements.
Volume 40 - Page 502
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COUNCIL MEMBERS
MINUTES
CO¢ December 8, 1986
2. Motion was made to schedule a public
hearing on .January 12, 1987, regarding
Resubdivision 835, and Modification
3226, on property located at 904 -908
Zurich Circle.
City Clerk ✓
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Volume 40 — Page 503