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Home My WebLink About04/27/1987 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS \1�\'P REGULAR COUNCIL MEETING G� PLACE: Council Chambers G F� TIME: 7:30 P.M. DATE: April 27, 1987 Present Motion All Ayes , on All Ayes • • x x x x x x x x x A. ROLL CALL. B. The reading of the Minutes of the Meeting of April 13, 1987, was waived, approved as written, and ordered filed. MINUTES C. The reading in full 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 regarding PROPOSED ORDINANCE NO. 87 -7, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH PREZONING UNINCORPORATED PROPERTY LOCATED SOUTHERLY OF BRISTOL STREET SOUTH AND EASTERLY OF IRVINE AVENUE, ADJACENT TO THE CITY OF NEWPORT BEACH; AND AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE BY ADDING CHAPTER 20.64, THE SANTA ANA HEIGHTS SPECIFIC PLAN, SP -7; AND AMENDING DISTRICTING MAPS NO. 34, 42, 61 and 67 BY ADDING THE SP -7 DESIGNATION THERETO IN THE EVENT OF SUBSEQUENT ANNEXATION; AND THE ACCEPTANCE OF AN ENVIRONMENTAL DOCUMENT [PLANNING COMMISSION AMENDMENT NO. 646]. Report from the Planning Department, was presented. The following letters were submitted in favor of the Planning Commission recommendations regarding Santa Ana Heights land use and circulation plan: James R. Belt Mr. /Mrs. Ora Lee Minu Ray /Mary Davis Martha Durkee /Back Bay C/A Elsie Horne Helen /Harvey Shaw Betty /Glenn Knox Ed /Joan Hulse George: /Rita /Jay Jones Robert: /Sondra Dittoe Mr. /Mrs. Phillip Stevens Stanley /Iola Skee Alfred /Ulla Persson Trevor /Jeannine Hendershot Lorraine /Bill Warren John C. Wells Volume 41 - Page 160 (94) 87 -7 Heights:- COUNCIL MEMBERS o, '$' n�� t1i, CITY OF NEWPORT BEACH April 27, 1987 MINUTES SAna Heights Prezoning Letters in favor of the County Plan were received from the following: Helen Hobson LE MTerre • Harry E. Terrell, Jr. Harry Letter was received from Frank Eisendrath against annexation. The City Clerk advised that after the agenda was printed, four additional letters were received in favor of the Planning Commission's recommendation from: Alice Rodriguez David Swinford James Manning Mr. /Mrs. Les Waverly In addition, a letter was also received from Steven Bein in support of the County's plan. The City Manager stated that the issue under consideration is the proposed Specific Plan for Santa Ana Heights, particularly the Land Use and Circulation Elements. The subject of annexation is not before the Council at • this time, and is a matter which will be addressed at a future meeting. Craig Bluell of the City's Planning staff, addressed the Council and reviewed the Specific Plan recommended by the Planning Commission concerning the land uses and circulation plan. He stated that the land uses in the Specific Plan are identical to those approved in the General Plan Amendment in 1986 and are also identical to the land uses which were approved by the County in their Specific Plan and land use plan. Mr. Bluell pointed out that the County's Specific Plan designates two possible north -south routes through the Santa Ana Heights Business Park District. One possible route follows Mesa Drive, Acacia Street, Orchard Drive, and Birch Street with a dul -de -sac at the south end of Birch Street. The second route involves a. more direct alignment between Mesa Drive and Birch Street without a • cul -de -sac. The selection of one of these routes is subject to an alignment study. Volume 41 - Page 161 SAna Heights Prezoning COUNCIL MEMBERS ti � �A Gt 9G CITY OF NEWPORT BEACH April 27, 1987 MINUTES Heights Mr. Bluell stated that the Planning Commission is recommending that the City's Specific Plan contain a Mesa Drive /Birch Street connection to provide the primary vehicular route through the • Business Park District. This route is subject to an alignment study which will be completed within six months of annexation. In order to accommodate projected traffic and minimize the Impact of an improved circulation system on existing residences, the Planning Commission recommended the Plan "include an alignment that straightens out the bend in Mesa Drive, westerly of Birch Street by moving the roadway toward the golf course, attempting to only affect the lot on the northwest corner of Birch Street and Mesa Drive and minimizing the impact on residential lots on the northeast corner." The difference between the City's Specific Plan and the County's is that the County's alignment study includes a Mesa Drive /Acacia Street route and the City's does not include such a route. The City Manager summarized the comparison between the City's recommended Specific Plan and the • County's Specific Plan, as enumerated in the staff report, Items 1 through 4. Discussion ensued with regard to the proposed Mesa /Birch alignment as recommended by the Planning Commission wherein Mr. Bluell displayed a transparency of the configuration, and stated there is an attempt to straighten out Mesa Drive in the "hilly" area and then make a "T" intersection to discourage traffic from entering the residential areas. He stated Mesa Drive would then have a curve which could provide for safe traffic movement onto Birch Street, and then a small cul -de -sac would be provided to give another private entrance to the residents that would be left along the old Mesa Drive right -of -way. He also stated that Birch Street would be continuous up to Bristol Street. In response to question raised by Council Member Turner, Don Webb, City Engineer, stated that the estimate the County has placed in their EIR indicates that there would be approximately 13,500 trips per day as a result of the Volume 41 - Page 162 Heights COUNCIL MEMBERS • • CITY OF NEWPORT BEACH MINUTES April 27, 1987 proposed Birch /Mesa alignment. With the Acacia /Mesa alignment, there would be approximately 9,000 trips per day from that same area. The following persons addressed the Council in favor of the City's proposed Specific Plan: Harvey A. Shaw, 2391 Azure Sherry Luikart, 2215 Margaret Dr. Norris Carlson, 20291 Cypress Dennis Hill, 20121 Bayview Ave. Frank Schneider, 20292 Cypress Joe Hoover, 20121 Bayview Ave. Bill Warren, 20412 Birch and 20402 Cypress Roger Summers, 20292/20352 Birch (Represented approximately 20 residents in the area) Peter Gunn, 20181 Bayview Mary Davis, 1971 Mesa Dr. Robert Luikart, 2215 Margaret Dr. Lorraine L. Warren, 20412 Birch Martha Durkee, 20311 Cypress Bruce Demoro, 20322 Cypress Sue Cathcart, 20312 Cypress The following persons addressed the Council in favor of the County's Specific Plan: Barbara Rohrer, 20452 Bayview Beverly Mullan, 2031 Mesa Dr. (submitted letter from Steven R. Bein) Richard Moriarty, 20362 Birch Mary Ann Cox Towersy, 20411 Birch Patricia Cox, 2612 Mesa Dr. Fred Petersen, 20361 Birch Buddy Cox, 2612 Mesa Dr. Allen Rohrer, 20452 Bayview Michael Beveridge, 2332 Azure Robert L. Hopkins, Attorney (representing Jack /Beverly Mullen of 2031 Mesa Dr.) Brion May, 2041 Mesa Dr. Buck Johns, 2600 Mesa Dr. Ulla Persson, 20432 -20434 Cypress, addressed the Council referencing page 3 of the staff report regarding the nonconforming and illegal buildings and uses which exist within the residential portion of the Specific Plan area. She stated the nursery on the south end of Cypress Avenue is a nonconforming use, and questioned if the nursery would be allowed to remain under the new prezoning,. Volume 41 - Page 163 Heights COUNCIL MEMBERS a o ti • • CITY OF NEWPORT BEACH MINUTES April 27, 1987 Mr. Bluell responded that there has been a commitment on the part of the County Redevelopment Agency to consider abatement of the nursery as part of a redevelopment action which would mean its acquisition and removal. He stated that he though it was No. 3 on the list of priorities of the Redevelopment Agency. Jack Mullan, 2031 Mesa Drive, addressed the Council and distributed a hand -out showing Daily Roadway Capacity Estimates, and the amount of traffic a road can carry, which was taken from a County traffic study. He also stated that he sent each of the Council Members a letter which spelled out what is available in the way of funding from the Redevelopment Agency for road improvements in the area. He stated he does not think the City should recommend a plan in which there are no available funds. He stated he is in support of the County adopted Specific Plan because it is "fundable," and the best plan in his opinion. In response to Council inquiry, Mr. Bluell stated that the Specific Plan that is adopted by the City Council will become the plan of implementation, and the City will utilize use permits and dedication requirements for the widening of Birch Street. With regard to the proposed alignment and connection of Birch /Mesa, that will involve golf course property, the City and the Redevelopment Agency would have to develop a relationship whereby the Agency would be committed under the City's plan. The City Manager stated that both Specific Plans with respect to the alignments of Birch /Mesa or Acacia /Mesa are conceptual designs and both plans are subject to more specific studies and specific alignments. Warren Kellogg, 1801 Toyon Lane, representing three property owners on Birch Street, addressed the Council and stated that his clients favor both plans, because when the County plan was approved it contained the provision that the County staff study a Mesa /Birch Street connection, since it was the consensus of the Board of Supervisors that the Acacia /Birch connection was totally inadequate. Volume 41 - Page 164 Heights COUNCIL MEMBERS ti � \11*\ 4A � Motion • • x CITY OF NEWPORT BEACH MINUTES April 27, 1987 Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to approve the following: Resolution No. 87 -41, certifying as complete and adequate the previously certified EIR 508 and EIR 508A, and EIR Addendum as the Environmental Impact Report for the Santa Ana Heights Specific Plan; and Make the Findings contained in the Statement of Facts with respect to significant impacts identified in the Final Environmental Impact Report; and Find that the facts set forth in the Statement of Overriding Considerations are true and are supported by substantial evidence in the record, including the Final Environmental Impact Report; and With respect to the project, find that although the Final Environmental Impact Report identifies certain unavoidable significant environmental effects that will result if the project is approved, the mitigation measures identified shalt be incorporated into the project, and all significant environmental effects that can feasibly be mitigated or avoided have been eliminated or reduced to an acceptable level, and that the remaining unavoidable significant effects, when balanced against the facts set forth in the Statement of Overriding Considerations, giving greater weight to the unavoidable environmental effects, are acceptable; and Reintroduce ORDINANCE NO. 87 -7, with the changes proposed by staff and any other changes approved by the City Council regarding AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE, ADDING CHAPTER 20.63, THE SANTA ANA HEIGHTS SPECIFIC PLAN, SP -7, AND AMENDING DISTRICTING MAPS NO. 34, 42, 61, AND 67, ADDING SP -7; and pass to second reading on May 11, 1987; and Volume 41 - Page 165 Heights 87 -41 COUNCIL MEMBERS u • Motion CITY OF NEWPORT BEACH MINUTES April 27, 1987 That Page 204, Improvement Feature No. 4 of the Specific Plan pertaining to realignment be changed to reflect that there be a study of realignment at the intersection of Mesa Drive and Birch Street, Mesa Drive and Acacia Street, and /or other possible alignments to provide a thru traffic connection. Mesa Drive easterly of Birch Street or Acacia Street shall be realigned at the intersection to discourage thru traffic and provide a residential community entrance. A precise alignment and EIR shall be completed prior to annexation; and That on Page 207, the following language regarding Fire Protection be added following Item No. 5, Street Lights: "FIRE PROTECTION. Addition of the development in Santa Ana Heights to the City's fire protection responsibilities may require the construction of a fire station. The fire station would be located in or near Santa Ana Heights. Funding possibilities for the fire station include the Orange County Development Agency, an assessment, district and /or developer contributions." Following comments regarding the subject motion, substitute motion was made to approve the County's Specific Plan with associated elements. Council Member Turner, in an attempt to clarify his motion, stated he 1s only suggesting that instead of limiting the Council to the Birch Street /Mesa Drive connection, the Council allow themselves the opportunity of a Mesa and Acacia connection, and any others which may present themselves. He reiterated that his motion was not a postponement. He stated that the only difference between his motion and the substitute motion stated by Council Member Sansone regarding the circulation element, is to keep all options open, and to look at all possible solutions instead of just the one being recommended. Volume 41 — Page 166 SAna Heights COUNCIL MEMI CITY OF NEWPORT BEACH April 27, 1987 MINUTES SAna Heights In response to County inquiry, the City Manager stated that the mechanics of setting a specific alignment would require an EIR which is estimated at $50,000. lie stated the staff believes • that the Redevelopment Agency should be approached regarding the funding of the EIR. He also stated it has been suggested by staff that the studies regarding the alignment ought to be completed prior to any annexation so that the residents will know what they are accepting prior to approving annexation. The Planning Director pointed out that if the Council adopts the County's Specific Plan, they do not have before them the Statement of Findings or the Statement of Overriding Considerations with regard to the Environmental Documentation, nor the Ordinance regarding the County's plan. If the Council desires to adopt the County's plan, the hearing will have to be continued in order for the staff to prepare the necessary documentation. Following discussion, Council Member Sansone withdrew his substitute motion. • Rich Adler of the County Planning staff, addressed the Council regarding the motion under consideration, and stated that it might be difficult to determine who will be the lead agency in this issue. He stated he did not feel the County is ready to have the "ball thrown back into their court" for a comprehensive study. He stated that they were directed by the Board of Supervisors to look at other feasible alignment alternatives, but have not pursued such, pending a decision from the City Council. He stated that if something could be worked out whereby it will be a joint decision under the aegis of the Redevelopment Agency, that might be the answer. He also feels the Agency should fund the study. It was indicated by the City Attorney that possibly an agreement could be prepared between the City and the County, whereby the City would be the co -lead agent for this alignment issue. Ayes There being no further discussion, the motion on the floor was voted on and carried. Volume 41 - Page 167 SAna Heights COUNCIL MEMBERS G ,py � G� ti • is Motion All Ayes • x CITY OF NEWPORT BEACH MINUTES April 27, 1987 2. Mayor Cox opened the public hearing regarding: RESIDENTIAL DENSITY BONUS: A request of MESA DEVELOPMENT CO., INC., Costa Mesa, to permit the construction of a fifteen unit low- income apartment development, located at 849 15th Street, which includes a fifty percent density bonus in accordance with Section 65915 of the California Government Code; and the acceptance of an Environmental Document. A modification to the Zoning Code is also requested so as to allow covered parking spaces, within the front one -half of the lot, which are not fully enclosed with side walls and garage doors; and TRAFFIC STUDY: A request of MESA DEVELOPMENT CO., INC., Costa Mesa, to approve a traffic study so as to permit the construction of a fifteen unit apartment complex. Report from the Planning Department, was presented. The City Manager noted that the developer proposes to provide 15 affordable rental units for a period of 30 years. Jim White, 2925 College Avenue, Costa Mesa, applicant, addressed the Council and indicated he had no further comments other than to urge approval of his request. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to adopt Resolution No. 87 -42 granting Density Bonus in accordance with Section 65915 of the California Government Code, accepting the Environmental Document, and approving; a Modification to the Zoning Code; and. approve the Traffic Study subject to the Findings attached to the staff report. Mesa Dvlpm Zoning (94) 87 -42 3. Mayor Cox opened the public hearing CDBG regarding; the PROPOSED "STATEMENT OF (87) COMMUNITY. DEVELOPMENT OBJECTIVES AND PROPOSED USE OF FUNDS" FOR THE 1987/88 FISCAL YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Report from the Planning Department, was presented. Volume 41 - Page 168 COUNCIL MEMI ss4A� 9 F� • • Motion All Ayes x CITY OF NEWPORT BEACH MINUTES April 27, 1987 It was noted that the following funding allocations are recommended for the $432,000 of 1987 -1988 CDBG funds: 1. Land Acquisition for Affordable Housing $326,000 2. Social Services a. Meals for the Elderly (FISH) 4,000 b. After School Child Care (YMCA) 6,000 C. Jr. High Youth Counseling (YMCA) 4,000 d. Soup Lunches (S.C. Soup Kitchen) 2,000 (6 months) e. Solar Panels Rehab. (YMCA) 11,000 3. Aiding the Homeless a. Emergency Assis- tance (FISH) 4,000 b. Emergency Assis- tance (YMCA) 2,000 c. Temporary Housing 9,000 (O.C. InterFaith Shelter -6 months) d. Employment Counsel- ing (YWCA) 5,000 4. Fair Housing 12,000 5. Administration 40,000 6. Contingency 7,000 TOTAL $432,000 It was noted that the City has publicly advertised the availability of the $432,000 in 1987 -1988 CDBG funds and requested projects for the use of these funds. Most of the requests received and recommended for funding are continuations of this year's programs at current service levels. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Resolution No. 87 -43, authorizing the City Manager to submit the final statement and all understandings and assurances contained therein, and to act as the official representative of the City of Newport Beach in connection with the submission of the final statement for the 1987/88 Community Development Block Grant Funds. Volume 41 - Page 169 CDBG /HUD 87 -43 COUNCIL MEMBERS • • CITY OF NEWPORT BEACH MINUTES April 27, 1987 4. Mayor Cox opened the public hearing and City Council review of USE PERMIT NO. 1547, approved by the Planning Commission on March 5, 1987, being a request of NEWPORT INN JOINT VENTURE, Boston, to amend a previously approved use permit which allowed the establishment and expansion of the existing 349 room SHERATON - NEWPORT HOTEL in the Newport Place Planned Community, located at 4545 MacArthur Boulevard. The proposed amendment is to allow a new ten -story addition which includes 119 guest rooms, a kitchen addition, small meeting rooms and a relocated lighted tennis court on the site. The proposed amendment has been previously approved by the City in 1983 and 1985. Report from the Planning Department, was presented. It was pointed out by the City Manager that the subject use permit was approved by the City Council in 1983; however, it was not executed, so in 1985 the Council amended the use permit to allow additional time for preparation of plans, etc., for construction. The use permit approved in 1985 will expire this month. He stated that the applicant has indicated they are still interested in expanding the hotel as previously approved, but that they are unsure of the specific time frame in which construction may commence. The applicant has requested this approval to allow additional time to construct the project. David Neish, representing the owners of the Sheraton Hotel, addressed the Council and stated that during the past several years, the Sheraton has spent a great deal of money in renovating the hotel, and is still in the process of spending additional monies to complete this task. They would like to ask the City Council to be reasonable and consider their request so as to avoid a total rehearing of their application. He stated that the plans previously approved by the City Council have not changed, only the time frame for completion. He noted that if they do not commence construction by December 10 of this year, they will be required to complete a new traffic study of which they are aware, and which is contained Volume 41 - Page 170 U/P 1547 Npt Inn (88) COUNCIL MEMBERS y � • Motion x CITY OF NEWPORT BEACH • Ayes x x x x Noes x x x Motion All Ayes • x MINUTES April 27, 1987 in their conditions of approval. He I U /P 1547 stated that approval of this application Npt Inn would be :For a 2 -year period. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to sustain the decision of the Planning Commission. Council Member Strauss spoke in opposition to the motion, stating he did not think it was the purpose of the use permit process to allow an applicant to "build when they wish." He stated he felt, at this point, it is kind of a "mockery." He also referred to the recently approved Visitor's Service Fee to promote advertising due to the decline in hotel occupancy, and stated we are now being requested to consider an additional 119 rooms when we are already saying we have too many rooms. In essence, he does not think the economics made sense to him. Council Member Maurer expressed his reasons for supporting the motion, stating he felt the Sheraton Hotel has been a "good citizen," and has participated in such activities as the Police Olympics, etc. The Sheraton was also the first hotel to initiate low -cost meals for senior citizens. The motion was voted on and carried. E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Pass to second reading on May 11, 1987: (a) Proposed ORDINANCE NO. 87 -9, being, 'Ord 87 -9 AN ORDINANCE OF THE CITY OF Mete NEWPORT BEACH AMENDING SECTION Fees 12.44.040 OF THE NEWPORT BEACH (63) MUNICIPAL CODE ESTABLISHING PARKING METER FEES [Report from the Offstreet Parking Committee]. Volume 41 - Page 171 COUNCIL MEMBERS 04 G�y , Z d • • CITY OF NEWPORT BEACH MINUTES April 27, 1987 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 87 -44 requiring Vehicles/ vehicles on Lindo Avenue to stop at Traffic Bay Avenue. (Report from Public Stop /Bay Av Works /Traffic Engineering) Res 87 -44 (63) (b) Removed from the Consent Calendar. (c) Removed from the Consent Calendar. (d) Removed from the Consent Calendar. (e) Resolution No. 87 -45 establishing a CdM Parkg revised schedule of rates for the Lot Fees Corona del Mar State and City Beach Res 87 -45 Parking Lot, and rescinding (63) Resolution No. 82 -17. (Report from the Offstreet Parking Committee) (f- q)Removed from the Consent Calendar. 3. CONTRACTS /AGREEMENTS: (a) Award. Contract No. 2545 to Bruce Paving Company, Inc., for the total price bid of $184,229 for Miscellaneous Concrete Construction 1986 -87; authorize the Mayor and City Clerk to execute subject contract; and adopt a budget amendment transferring funds into the Curb and Sidewalk Replacement Program Account. (Report from Public Works Department) (b) Award Contract No. 2588 to George Dakovich 8 Son, Inc., for total price: of $371,808 for Sewer Main Replacement Program 1986 -87; authorize the Mayor and City Clerk to execute subject contract; and adopt: budget amendments transferring funds into the Street and Alley Resurfacing and Reconstruction Account. (Report from Public Works Department) (c) Award Contract No. 2505 to Valley Crest: Landscape, Inc., of Santa Ana, in the amount of $1,743,926.20 for Bonita Creek Park Construction; authorize the Mayor and City Clerk to execute subject contract; and authorize a budget amendment in the amount of $300,000 to complete the project. (Report from Public Works Department) Volume 41 - Page 172 Mise Cncrt Cnstr'86 /87 C -2545 (38) Swr Mn Rplc Prgr'86 /87 C -2588 (38) Bonita Crk Prk Cnstr C -2505 (38) • is • COUNCIL MEMBERS •*G�y�CG��A ��f, '�,P� 1 CITY OF NEWPORT BEACH MINUTES April 27, 1987 4. COMMUNICATIONS - For referral as indicated: (a) To Pending Legislation and Procedural Ethics Committee, letter from California State Senator Gary K. Hart urging support for SB 722, a measure which would provide a tax credit to employers who assist in providing child care to the children of their employees. 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) Kathleen Evans alleging police department vehicle damaged her legally parked auto on February 4, 1987, while chasing a suspected prowler in the vicinity of First Street between Fernleaf and Goldenrod. (b) Michelle C. Fournier alleging police department scratched paint, ripped mouldings, scraped strippings, etc. of her vehicle which was parked in a temporary no parking tow -away zone in the vicinity of Vista Del Oro and Vista Road on April 13, 1987. (c) Barry B. Hager alleging damage to property as a result of sewer backup at 500 Hazel Drive on January 19 and March 6, 1987. (d) Julie Jones alleging main line clean -out fee for April 13 and 14, 1987, caused by puncture of sewer pipe by street - sweeping sign installers at 116 38th Street. (e) Dorothy Palmer alleging personal injuries as a result of slip and fall due to insufficient lighting and gravel that was allowed to remain in the road near 29th Street and Newport Boulevard and Cafe Lido on March 24, 1987. Volume 41 - Page 173 Legislation (48) (36) Evans Fournier Hager Jones COUNCIL MEMBERS Otco�,��S,Fn�� o� \� • • • CITY OF NEWPORT BEACH MINUTES April 27, 1987 (f) Michael D. Plunkett alleging Plunkett property damage as a result of his vehicle hitting large holes in the roadway while proceeding south on Newport Center Drive on April 11, 1987. (g) Kim R. and Kevin R. Schwartz Schwartz alleging wrongful death of their mother was the result of being chased by Newport Beach Police and Laguna Beach Police on January 31, 1987. (h) Southern California Edison Company SoCAEdison alleging City backhoe ran over electrical facilities in sidewalk at northeast corner of Placentia and l5th Street on February 22, 1987. (i) Traweek Investment Fund No. 18, dba Lido Marina Village seeking indemnity from claim filed by John Von Colln, who alleged personal injuries as a result of falling on dock at Lido Marina Village while attending boat show on April 17, 1986. (j) Teenia Marie Vonesh alleging false arrest, personal injuries, etc., by polio= department near Newport pier on January 12, 1987. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Petition for Writ of Mandate and Complaint for Injunctive Relief No. 52- 00 -84, [Orange County Superior Court] from Stop Polluting Our Newport (SPON), and Notice to Prepare Record of Proceeding, regarding City Council action taken on March 9, 1987 pertaining to the McLachlan Investment Company, Planning Commission Amendment No. 638. (b) Proposed Alternative Writ of Mandate, Verified Petition for Alternative Writ of Mandate, and Memorandum of Points and Authorities - Declarations of Dr. Donald B. Bright, et al, in support thereof, (China House) Orange County Superior Court [no case number as of April 10, 1987]. Volume 41 - Page 174 Traweek/ Lido Marina Vonesh (36) McLachlan Investor Co/ PCA 638 House • CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES y JG� G 4PA c+0{ 9 d+9Z 9G9 G ALL'S $' F9 April 27, 1987 INDEX 8. REQUEST TO FILL PERSONNEL VACANCIES: (Report from the City Manager) (a) Approve two Senior Police Clerks, Records Section. (b) Approve two Police Clerks, Records Section. (c) Approve one Secretary, General Services Department. (d) Approve one Fire Safety Engineer, Fire! Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from Utilities Director recommending revision to Council Policy M -5 WATER RATES, resulting in the deletion of Council Policy F -4 FUTURE WATER SOURCES. (b) Removed from the Consent Calendar. (c) Report from Parks, Beaches and Recreation Director regarding MARINE ORIENTED MEMORIAL - RHINE WHARF PARK. (d) Letter from the Mayor to the County of Orange, forwarding City of Newport Beach comments on the changes to the IRVINE COAST LOCAL COASTAL PLAN LAND USE PLAN, as prepared by the County. (e) Letter of offer from Maurice B. Cook: to sell Geisha photograph to the City for $150. For Council information and filing: (f) Report from the Planning Department regarding ELECTION OF THE PLANNING COMMISSION SECRETARY. (g) Report to the City Manager regarding ACTIONS TAKEN BY THE PLANNING COMMISSION ON APRIL 9, 1987. 10. PUBLIC HEARING SCHEDULING - May 11, 1987: (a) Removed from the Consent Calendar. (b) Proposed Increase in OFFICIAL POLICE TOW SERVICES. Volume 41 - Page 175 (66) Council Policy/ Utilities 69/89 Rhine Whrf Prk /PBSR (62) Irvine Car/ LCP /LUP (68) Misc Rqst (52) Ping Cmsn (24) Ping Cmsn (68) Ofcl Police Towg COUNCIL MEMBERS y n � rG9�`G�vP� O¢ �9 s G L CALLy 00 0 • CITY OF NEWPORT BEACH MINUTES April 27, 1987 (c) CONSTRUCTION OF SIDEWALK ON NEPTUNE AVENUE ADJACENT TO 115 46TH STREET [Prote:at hearing). (Report from Public Works Department) 11. IMUA CANOE CLUB - Uphold staff's recommendation to approve the request of the IMUA Canoe Club, subject to conditions listed in staff report, to use a portion of North Star Beach to store and Launch canoes for the period of April 28 - October 31, 1987. (Report from the Parks, Beaches and Recreation Director) 12. ARTS COMMISSION - Accept with regret the resignation of Arts Commissioner Molly Lynch, and direct the City Clerk to process Certificate of Appreciation. 13. SEASHORE DRIVE IMPROVEMENT BETWEEN 33RD AND 56TH STREETS (C -2538) - Accept the work; and authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after Notice of Completion has been recorded in accordance with applicable sections of the Civil Code. (Report from Public Works Department) 14. NEWPORT PIER AND BALBOA PIER REPAIR (C -2615) - Accept the work; and authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable sections of the Civil Code. (Report from Public Works Department) 15. SEWER REPLACEMENT IN ALLEY 343 (C -2613) - Accept the repair work of the concrete sewer line beneath the alley southerly of 30th Street, between Newport Boulevard and Villa Way; and authorize" the City Clerk to file a Notice of Completion and release the bonds 35 days after Notice of Completion has been recorded in accordance with applicable sections of the Civil Code. (Report from Public Works Department) 16. WAREHOUSE, WASH BACK COVER, AND,PAVEMENT AT THE CORPORATION YARD (C -2478) - Grant an extension of time of 60 calendar days and waive any liquidated damages; accept the work and authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after Notice of Completion has been recorded in Volume 4I - Page 176 Neptune Av/ PW (74) Canoe ,rts Cmsn ,24) Seashr Dr/ 33rd/56 Sts -2538 (38) 9pt /Balboa ?ier Rpr -2615 (38) Swr Rplcm Alley 343 C -2613 (38) Corp Yard Warehs Eck Cvr /Pvm C -2478 (38) COUNCIL MEMBERS CITY OF NEWPORT BEACH April 27, 1987 MINUTES accordance with applicable sections of the Civil Code. (Report from Public Works Department) • 17. SPECIAL EVENTS PERMITS - Uphold staff's recommendation for the following: (Report from Business License Supervisor) For Denial: (a) Application 1187 -008 - Removed from the Consent Calendar. (b) Application 1187 -071 - Removed from the Consent Calendar. For Approval (subject to conditions in the staff report): (c) Application 1187 -076 - Use of public beach for Newport Outrigger Canoe Club on May 16, 1987, from 7:30 a.m. - 1:00 P.M. (d) Application $87 -088 - Sailboard Races in Lido Turning Basin for Newport Ski • Company on Monday evenings 6:00 - 8:00 p.m., from May 4 - September 28, 1987. 18. BUDGET AMENDMENTS - For approval: BA -085 - $392,500, Increase in Budget Appropriations and Decrease in Unappropriated Surplus for settlement proceeds in Phillips vs. City of Newport Beach; Tide and Submerged Lands Fund. (Letter from Attorney representing Phillips) BA -086 - $27,000, Increase in Budget Appropriations and Decrease in Unappropriated Surplus for parking meter parts to implement rate changes; Parking Meter Replacement Program - General Fund. BA -087 - $158,889.65, Transfer in Budget Appropriations for Street /Alley /Bikeway Resurface and Reconstruction Program; General Fund. (See report w /item F -3(b)) • BA -088 - $63,881.51, Transfer in Budget Appropriations for Sidewalk /Curb Gutter /Replacement Program (C- 2545); General Fund. (See report w /item F -3(a)) Volume 41 - Page 177 (65) 7 -076 (25) COUNCIL MEMBERS CITY OF NEWPORT BEACH April 27, 1987 MINUTES Rates 87 -46 ery Vlg/ n SgImp/ & Balboa BA -089 - $300,000, Increase in Budget Appropriations and Decrease in Unappropriated Surplus to cover contract for the construction of Bonita Creek Park (C- 2505); Park and Recreation Fund. • (See report w /item F -3(c)) G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Proposed resolution establishing parking meter rates in offstreet parking facilities, and rescinding Resolution No. 85 -49, was presented with report from the Off-street Parking Committee. In response to question raised by Council Member Strauss, the City Manager advised that the rates are being increased from 500 to 75C per hour for the Ocean Front and McFadden Square Parking Lots. Motion x In view of the foregoing, motion was All Ayes made to adopt Resolution No. 87 -46. 2. Proposed resolutions regarding the establishment of Assessment Districts 87 -1, 2 & 3 (Cannery Village Improvements /McFadden Square & Newport Boulevard /Balboa Realignments), with • report from the Planning Department, were presented. Motion x Motion was made to refer the subject All Ayes resolutions back to staff for verification of cost figures, boundary descriptions, etc. 3. Proposed public hearing scheduling for May 11, 1987, regarding CERTIFICATES OF CONVENIENCE AND NECESSITY for ambulance service, was presented. The City Clerk advised that the applications of those ambulance service companies listed on the agenda should be corrected to read as follows: Doctor's Ambulance Service 23095 Terra Drrive Laguna Hills, CA 92653 Morgan Ambulance Service 1533 E. First Street Santa Ana, CA 92701 • Southland Ambulance Service 10600 Katella Avenue Anaheim, CA 92804 Volume 41 - Page 178 Rates 87 -46 ery Vlg/ n SgImp/ & Balboa COUNCIL MEMBERS ti ion Ayes • Motion All Ayes • x x CITY OF NEWPORT BEACH MINUTES April 27, 1987 Superior Ambulance, Inc. 14125 Coldenwest Street Westminster, CA 92683 Motion was made to schedule a public hearing on. the foregoing for May 11, 1987, as recommended. 4. Report from Parks, Beaches and Recreation. Director regarding POTENTIAL MINI PARK DEVELOPEMENT, 15th and Placentia area, was presented. Council Member Plummer referred to the map attached to the subject report entitled Recreation and Open Space Element, and stated that there are seven parks south of Pacific Coast Highway, proposals for a couple of view parks, and a potential for a combination of parks in the future. She stated that she feels the acquisition of the three or four lots mentioned in the report would be very helpful in an area that is changing from an industrial - commercial to a location for high- density, low- income housing. She stated it appears to her that the trend in this area will continue to develop high- density housing, and because they are being developed as low- income apartment dwellings, the park fees are being waived pursuant to City ordinance. Consequently, there is no opportunity to start some type of park fund. She cited a few of the most recent low- income developments, wherein park fees were waived in a sizeable amount, and stated she would like the Parks, Beaches and Recreation Commission to take another look at their plan for Recreation and Open Space in terms of the type of development that is occuring in the West Newport area. Motion was made to approve the staff's recommendation as set forth in the subject report, but to also request that the Parks, Beaches and Recreation Commission review this item again in accordance with the foregoing comments. 5. Proposed resolution approving amendments to Joint Powers Agreement creating the Inter - County Airport Authority (C- 2542); approving an Agreement between the ICAA and First Southwest Company, with report from the Executive Assistant to the City Manager, were presented. Volume 41 - Page 179 15th /Placnta Aini Prk (62) ICAA Jt Pwrs Agm C -2542) (38) COUNCIL MEMBERS Motion All Ayes • Motion All Ayes • Dion X x CITY OF NEWPORT BEACH x MINUTES April 27, 1987 Motion was made to refer the subject resolution back to staff for clarification. 6. Proposed resoluton establishing revised Balboa Pier schedule of rates for the Balboa Pier Pkg Lot /Rate Parking Lot, and rescinding Resolution Incrs No. 86 -33, was presented with report (63) from the O:ffstreet Parking Committee. Motion was made to refer the subject resolution back to staff to meet with the Merchants Association in the area. 7. Report from the Business License Supervisor recommending denial of Application No. 87 -071, Fireworks for Newport Dunes on Saturday, July 4, 1987, from 8:30 -- 9:00 p.m., was presented. Charles Yates, Manager of Newport Dunes, addressed the Council and stated that they have been holding annual fireworks displays at: this location for 25 years, and is considered a family event. He advised that the City, County and Newport Dunes is insured for $1,000,000. He stated there have been no major problems in previous years, and that they have always complied with the conditions of approval as set forth by the City. He stated that an additional 35 men will be hired to secure and patrol the area as well as handle lifeguardin.g and traffic. He stated that this event is the only safe and sane fireworks display held in Newport Beach and that many of the surrounding neighborhoods gear their July 4th activities around this event. Council Member Maurer spoke in favor of the event, but did suggest to Mr. Yates that the show commence on time with no delays. Charlotte Donnelly, representing Make a Wish Foundation, addressed the Council and stated that she attended last year's event and found it to be very well organized. She stated that there were approximately 100 terminally ill children from their foundation who especially enjoyed the fireworks display, and she urged its continuance. Motion was made to grant the request of Newport Dunes. Volume 41 - Page 180 t 87 -071 Dunes CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES �G '�� y 9 G YAK G ROLL CALLZ �Z April 27, 1987 INDEX Council Member Plummer spoke in Npt Dunes/ opposition to the motion, stating that Fireworks the City is attempting to do what it can to discourage people from coming to . Newport Beach on July 4th, and that if this event were approved, the Police Department could not handle the increased traffic and /or problems which may occur. She stated that she realized this was a function beneficial to many; however, in this instance she felt the Council should look at the benefit to the City instead. Police Chief Arb Campbell addressed the Council and stated that their department opposed this event last year also; however, the Council approved the request. He stated that they are not opposed to the fireworks display per se, but feel that if they recommend approval of the event, there is some expectation and assumption that the Police Department will be available to handle any police or traffic problems which may occur. He stated that it is their position, as a result of all the other problems occuring on July 4th, particularly in West Newport, that they will not have the manpower to handle • additional problems. He stated they are attempting to receive mutual aid from surrounding cities to assist on that weekend. lie stated that the major problem with the Dunes event is the traffic congestion when it is over. He stated that one alternative would be to allow the event on another night. Council Member Hart stated that she strongly opposed this request, as she feels it is too critical an issue for the City to handle. She stated that the Police Department just finished with the problems resulting from Easter week, and if this request is approved, she felt it would be encouraging more problems. She stated that: by denying the event, it would be giving a "message" back to the people that this City is just not strictly a "party" town. Ayes x x x x The motion was voted on and carried. Noes x x x • 8. Report from the Business License Permit Supervisor recommending denial of (65) Application X187 -008, Big Canyon Country Club Fireworks on Saturday, July 4, p11187 -008 1987, at 9:00 p.m., was presented. Big Cnyn CC Volume 41 - Page 181 COUNCIL MEMBERS • Motion x Ayes Noes Ix Ix I x I x I x • Motion x All Ayes Green Ix Ix Ix Ix Abstain • CITY OF NEWPORT BEACH MINUTES April 27, 1987 Big Cnyn CC/ Fireworks 87 -8 Us Chrg John Hudson, General Manager and Executive Secretary of Big Canyon Country Club, addressed the Council and stated that they have been conducting fireworks on their golf course for the past 14 years with no major problems. He stated that the event is only for members of the club and their families and they usually have between 400 and 500 in attendance. He stated the event is confined within a gated community, and urged favorable approval. Motion was made to approve the subject request. Council Member Plummer stated that she is not opposed to fireworks, but she "Just wants to protect the town." x x The motion was voted on and carried. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 87 -8, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 14.24.065 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING SEWER USE CHARGE EFFECTIVE JULY 1, 1987, was presented with report dated April 13, 1987, from the Utilities Director. Motion was made to adopt Ordinance No. 87 -8. I. CONTINUED BUSINESS: 1. PLANNING COD!MISSION VACANCY: x Jan Debay was assigned the green x light; and Sterling Wolfe was assigned the red light. The City Clerk announced that Jan Debay was appointed to fill the unexpired term of Pat Eiche:nhofer, ending June 30, 1988. Volume 41 - Page 182 Big Cnyn CC/ Fireworks 87 -8 Us Chrg • • CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES 9.� G YP� t 9G Z�j'G9 April 27, 1987 J. CURRENT BUSINESS: None. Meeting adjourned at 10:45 p.m. ATTEST: ty The agenda for this meeting was posted on April 24, 1987, at 8:20 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 41 - Page 183