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HomeMy WebLinkAbout01/11/1988 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES � o` REGULAR COUNCIL MEETING 9 �A 99 Z 9G,p PLACE: Council Chambers t6 G,p t�� TIME: 7:30 P.M. ,':ROLL CALL tf� DATE: January 11, 1988 INDEX Present x x x x x x x A. ROLL CALL. Motion x B. Reading of Minutes of Meeting of All Ayes December 14, 1987, was waived, approved as written, and ordered filed. #n x C. Reading in full of all ordinances and A Ayes resolutions under consideration was waived, and City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Cox opened the public hearing regarding: GENERAL PLAN AMENDMENT 87 -2(B) - A GPA 87- 2(B),: request initiated by the City of Newport (45) Beach to amend the LAND USE ELEMENT of the Newport Beach General Plan so as to increase the total allowable development on site by 2,000 sq. ft.; and the acceptance of an Environmental Document; AND PLANNING COMMISSION AMENDMENT NO. 654 - PCA 654 A request of TOYOTA MOTOR SALES USA, (94) INC., to amend the Planned Community Text for AREA 1 of the NORTH FORD -SAN DIEGO CREEK PLANNED COMMUNITY to allow an additional 2,000 sq. ft. of development. Property located at 2800 Jamboree Road, on the northeasterly corner of Jamboree and Bison Roads; zoned P -C. Report from the Planning Department, was presented. Hearing no one wishing to address the Council, the public hearing was closed. Motion x Motion was made to adopt Resolution No. Res 88 -1 All Ayes 88 -1 approving GPA 87 -2(B), amending the Land Use Element of the Newport Beach General Plan increasing the allowable on -site development at 2800 Jamboree Road by 2,000 sq. ft., from 46,952 sq. ft. to 48,952 sq. ft.; and acceptance of an Environmental Document; and Adopt Resolution No. 88 -2 approving Res 88 -2 Planning Commission Amendment No. 654, amending the North Ford -San Diego Creek Planned Community text. •; 2. Mayor Cox opened the public hearing and U/P 3291 City Council review of an APPEAL BY SID (88) SOFFER, from the approval of the Planning Commission on November 5, 1987, of USE PERMIT NO. 3291, a request to Volume 42 - Page 1 COUNCIL MEMBERS \A IV 1 OA • CITY OF NEWPORT BEACH MINUTES January 11, 1988 establish a restaurant with on -sale beer and wine, and live entertainment on property located at 485 North Newport Boulevard, between Orange Avenue and Bolsa Avenue, adjacent to Newport Heights; zoned C -1. The proposal also includes a request to waive a portion of the required off - street parking spaces for the restaurant facility. Report from the Planning Department. was presented. Appeal application from Sid Soffer, was presented. The City Clerk advised that after the agenda was printed, three letters in opposition to the appeal were received from the following: William Coleman, owner of property at 476 -480 Newport Boulevard; Lu Ann Hall, owner of property at 469 -471 Newport Boulevard; Shari S. Rooks, 3308 Clay Street In addition, a petition was received containing 30 signatures of residents in the area, opposing the proposed restaurant. William Laycock, Current Planning Manager, submitted copies of five additional letters (presented to the Planning Commission, but inadvertently not included in the Council's agenda packet) from the following, who are opposed to granting the subject use permit: Ralph Irwin, owner of property at 486 Newport Boulevard; Lu Ann Hall, owner of property at 469 -471 Newport Boulevard; Shari S. Rooks, 3308 Clay Street; Karen Smith, 3309 Clay Street; June L. Johnson, owner of property at 475 Newport Boulevard. In response to Council inquiry, the City Attorney advised that the City's Municipal Code does not prohibit or regulate how close a restaurant serving alcoholic beverages can be to a church; however, the Alcoholic Beverage Control Board may regulate the location of restaurants in relation to churches. Volume 42 - Page 2 U/P 3291 COUNCIL MEMBERS is CITY OF NEWPORT BEACH MINUTES January 11, 1988 The City Manager outlined the staff report and the maps on display, which depicted the location of the proposed restaurant and adjacent businesses. He stated that the Planning Commission approved this use permit with eight parking spaces; waiving five parking spaces, with the notation that the other structures on the existing parcel were constructed prior to the imposition of off - street parking requirements; and therefore, this use permit was conditioned to the extent that the other businesses, i.e., massage parlor, automotive detail, and book store would close operations at 6 p.m. The use permit was also conditioned that the Planning Commission may add to, or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation, which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, moral, comfort, or general welfare of the community. In the event that problems should arise due to inadequate off - street parking, the Planning Commission may impose additional conditions such as a reduction in the permitted "net public area" of the facility or provision of additional off - street parking in a manner acceptable to the City. Mr. Laycock, Current Planning Manager, discussed the Net Public Area as set forth on page 6 of the staff report, noting that if the storage building located at the southerly end of the site is not used for the restaurant, two additional parking spaces will be required. He stated that the staff originally recommended denial of the subject use permit because of inadequate parking, and felt that restaurant patrons would be forced to park on adjacent residential streets. Sid Soffer; 900 Arbor Street, Costa Mesa, the applicant, addressed the Council and advised that the storage facility referenced by staff would be used for the restaurant. He indicated his reason for appeal related to the hours of operation, inasmuch as he would like to open at 5 p.m., rather than 6 p.m., as imposed by the Planning Commission. He stated that he has never asked for any waiver of parking requirements as referenced by staff in Volume 42 — Page 3 U/P 3291 COUNCIL MEMBERS *A 0, .A o¢\ 116 • • CITY OF NEWPORT BEACH MINUTES January 11, 1988 their report. He also stated that if at anytime there is a parking problem with restaurant patrons parking at the adjacent businesses, he will make sure the vehicles are removed immediately. He will also remove the storage facility and provide additional parking, if it is deemed necessary. Mayor Pro Tem Hart asked Mr. Soffer the following question: "The reason you have appealed the decision of the Planning Commission is not because you disagree with all of the conditions of approval, but that you would like to open in the daytime with 320 sq. ft. and then change the hours to 5 p.m. for the use of the 520 sq. ft.,11 to which Mr. Soffer replied in the affirmative. Mr. Soffer also commented that there would only be four restaurant employees, all of which are partners, and that not all four would be working at the same time, and therefore, would not be utilizing parking at the same time. In many instances, the employees would be driving together to the restaurant. Also, there is additional parking at the auto detailing business which closes between 5 p.m. and 5:30 p.m. In response to Council inquiry, it was noted that the maximum occupancy load for the restaurant would be approximately 35. Shari Rooks, 3308 Clay Street, addressed the Council in opposition to the appeal. She stated that she was one of the 30 residents who signed the petition against the proposed restaurant, as they felt the restaurant was too close to the neighborhood church, and they were concerned about patrons drinking and driving in a residential area heavily populated with children. They also feel the parking is inadequate and customers will be utilizing adjacent streets for parking. She stated that the pastor of the Plymouth Congregational Church is out of the country at the time being, and therefore, cannot register an official protest. She stated it was her understanding from the Alcoholic Beverage Control Board that they will not grant a beverage permit to a restaurant within 600 feet of a church, if said church protests. She urged the Council to not grant the appeal. Volume 42 - Page 4 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES y c+ % o� �9 99G9�9 G� '.'ROLL CALL January 11, 1988 Diana Springer, 3300 Clay Street, U/P 3291 addressed the Council in opposition to the appeal, and stated she was not in favor of any parking requirements being waived. She stated that many of the streets in the neighborhood are without the benefit of sidewalks and parking on the street could be dangerous because of the number of children living in the area. She also felt there was a better use for the building other than a restaurant. Roger Schwank, 477 Old Newport Boulevard, owner of the antique business adjacent to the proposed restaurant, addressed the Council in support of the appeal, and stated he felt the applicant should be given an opportunity to improve the area. He also stated if parking were to become a problem, he felt sure that Mr. Soffer would remedy the situation immediately. George Baker, 434 Old Newport Boulevard, addressed the Council and stated that if the appeal is granted, "it would be the third bar in the neighborhood," which is a commercial /residential area. Mr. Soffer spoke in rebuttal, commenting that his wife would be "running" the business, and it is her intention to operate a high -class Japanese/French- type restaurant with high quality wines. He stated that it "will not be a bar," but rather an establishment the neighborhood will be proud to patronize. He emphasized again that if there is any parking problem whatsoever, he will tear down the storage building and provide additional parking there and behind it. With regard to entertainment, there will not be any dancing, but there may be a single entertainer, such as a guitarist with no amplification. Motion x Hearing no other comments from the Council regarding this item, Mayor Pro Tem. Hart moved to deny Use Permit No. 3291, based on the Findings for Denial designated as Exhibit "D" of the staff report. In response to question raised by Council Member Sansone regarding the legality of denying the subject use • permit, the City Attorney advised that the appellant, when filing his appeal with the City Clerk, appealed the decision of the Planning Commission and _ Volume 42 - Page 5 COUNCIL MEMBERS y � �G9�n`YP'� ,a, CITY OF NEWPORT BEACH Ayes x x x x x x Noes x • MINUTES January 11, 1988 did not state in his application any specific condition referenced and therefore, the City Attorney felt the City Council has the right to review this entire issue "de novo," and in essence, approve, disapprove, or conditionally approve the request. The City Attorney referenced the Findings for Denial, as set forth on page 22 of the staff report, and recommended that the following language be added to Finding No. 1 after the word Code, "in that only eight (8) off - street parking spaces are available in and around the site of the proposed restaurant and these spaces are also used by patrons of the other businesses on the parcel." In addition, he recommended that the word "may" be substituted for the word "will" in Finding No. 3. Mayor Pro Tem Hart, maker of the motion, stated she had no objections to the foregoing recommendations. The motion was voted on and carried. 3. Mayor Cox opened the public hearing and City Council review of an APPEAL BY JOE SPERRAZZA, from the approval of the Planning Commission on December 10, 1987, of USE PERMIT NO. 3306, a request to change the operational characteristics of an existing nonconforming restaurant facility located at 501 30tb Street, in the Cannery Village /McFadden Square Specific Plan Area, so as to permit the allowed live entertainment to include jazz combos with amplified music, vocals and percussion instruments, including drums. The proposal also includes a modification to the Zoning Code so as to permit the use of tandem and compact spaces in conjunction with a full -time valet parking service. Report from the Planning Department, was presented. Appeal application of Joe Sperraza and . letter; and letter from 30th Street Architects, Inc., concerning the subject appeal, were presented. Letter from Jack Williamson concerned about any outside noise from the amplified music and drums, was presented. Volume 42 - Page 6 U/P 3306 (88) COUNCIL MEM13ERS CITY OF NEWPORT BEACH January 11, 1988 MINUTES 3306 Letters from Beverly S. Smith and Karl K. Kramp in support of subject appeal, was presented. The City Clerk advised that after the agenda was printed, a letter was received from Eldon Kiehler, 601 Lido Park Drive, opposing the Cafe Lido. In addition, two letters were received in favor of the request from Kerry Austin, and Jim and Helena Sheppird. It was noted that the applicant has appealed one of the Conditions of Approval imposed by the Planning Commission. Condition of Approval No. 9 of Use Permit No. 3306 provides that "the hours of operation of the restaurant use shall be limited between 5:00 p.m. to 12:00 midnight Sunday through Thursday, and 3:30 p.m. to 1:00 a.m. Friday and Saturday." The applicant is of the opinion that the restricted hours of operation would create a severe economic hardship on the restaurant use, and has suggested a "reasonable compromise" to the residents of Cannery Village as follows: Hours of Operation (sale of food and beverages): Monday - Friday: 5 p.m. - 2 a.m. Saturday d Sunday: 2 p.m. - 2 a.m. Hours of Live Entertainment (including amplified music, vocals and percussion instruments, and drums): Monday - Saturday: 9 p.m. - 1:30 a.m. Sunday: 3 p.m. - 1 a.m. John Loomis, 30th Street Architects, (for the project) addressed the Council and discussed the requested hours of operation, as set forth in the foregoing. He stated that the hours of operation placed on the applicant by the Planning Commission would create an economic hardship, and asked that the Council favorably consider the requested compromise. He submitted copies of a Preliminary Acoustical Analysis of the proposed Cafe Lido prepared by P. A. Penardi and Associates, and summarized its findings. He stated that the proposed restaurant will be in a building that is basically masonry, with 9 -inch thick double brick walls, and has a limited amount of glass and windows: He stated that Cafe Lido has been at its current location for Volume 42 - Page 7 3306 COUNCIL MEMBERS 100�- ` CITY OF NEWPORT BEACH January 11, 1988 MINUTES approximately six years and has established a quality operation for food and entertainment. He stated that the applicant has been a good neighbor and he feels sure he will continue to do so • in the new location, if given the opportunity. Quentin R. Smith, 402 Clubhouse Avenue, addressed the Council in support of the appeal. He stated that he has known the applicant for over three years and patronizes the Cafe Lido frequently. He stated that the food and entertainment is good; the restaurant is a credit to the community; and he would like to enjoy the facility at its new location. Roy Jackson, owner of property adjacent to Cafe Lido, addressed the Council in favor of the appeal. He stated that Cannery Village is in need of another high quality restaurant to bring people into the area, and would urge its approval. Steve Handler, 633 Lido Park Drive, addressed the Council in support of the request. He commented that he was looking forward to patronizing the new location as he felt the Cafe Lido has • excellent food, and the "best" jazz entertainment in.all of Orange County. Judy Chamberlain, 3 Canyon Island Drive, addressed the Council and stated that she is the restaurant critic for the Daily Pilot and does a radio show called "Dining Out With Judy." She stated she has enjoyed many good meals at the Cafe Lido, as well as the fine jazz entertainment, and would recommend it highly. She also stated it is one of the few restaurants that offers late night dining, which is important to many people. Eldon Riehler, 601 Lido Park Drive, addressed the Council in opposition to the requested hours of operation. He stated he felt that a closing time of 12 midnight was appropriate, and that closing any later would be "taking advantage of the residential neighborhood." He stated that the majority of traffic will be exiting near • his home, and due to the late hour, he would urge the Council to sustain the hours of operation recommended by the Planning Commission. Volume 42 - Page 8 • • • CITY OF NEWPORT BEACH COUNCIL MEMBERS January 11, 1988 MINUTES Thomas Dixon, 428 31st Street, addressed the Council and stated that he resides less than 50 feet from the proposed Cafe Lido and is very concerned about the noise from the entertainment. He stated that he was able to hear music from the previous owner at the subject location, which was very disturbing to him and his wife, and it is hard to believe that they will not be able to hear any noise from the proposed Cafe Lido. He also felt that there would be additional traffic generated from the restaurant which will create more noise and further add to the problems. Irving Harschack, 601 Lido Park Drive, addressed the Council and stated his major concern was that three other restaurants in the Cannery Village area close at the same time, i.e., Delaney's, Snug Harbor, and Cannery, and that most of the traffic exits on Lafayette Avenue near his residential building. He suggested that the hours of operation for Cafe Lido be "staggered" from that of the other establishments so that there will not be an increase in traffic and noise. Henry Quinn, owner of property on Villa Way near Cafe Lido, addressed the Council in support of the appeal. He stated he does not feel there will be a problem as to noise emanating from the new location, and that the applicant will be a good neighbor. Richard Thies, 601 Lido Park Drive, addressed the Council and stated he felt the noise level will be very bad if all restaurants in the area close simultaneously. He also felt that police enforcement would be helpful.in the area at closing time. Russell E. Fluter, 510 30th Street, addressed the Council and submitted a petition with seven signatures in favor of Cafe Lido moving to 501 30th Street, and urged the Council to allow the applicant the same hours of operation as is currently permitted. He stated that the seven persons who signed the petition are owners of property directly adjacent to the subject property and feel Cafe Lido will be a definite asset to Cannery Village. Volume 42 - Page 9 U/P 3306 COUNCIL MEMBERS CITY OF NEWPORT BEACH January 11, 1988 MINUTES Marian Markson, co -owner of Heidi's U/P 3306 Frogen Yozurt on Balboa Boulevard, addressed the Council and stated that she has been a patron of Cafe Lido since they opened initially and feels their • request for the hours of operation is fair and reasonable and should be approved. Ken Serrino, Chairman of the Department of Communication at USC, addressed the Council and stated he was an avid "fan" of the Cafe Lido, and a good friend of the applicant. He stated that an "older" crowd patronizes the restaurant, which he does not feel will be inclined to speed down the residential streets, as some of the neighbors may think. He stated that given the kind of patrons that Cafe Lido attracts, noise is not a valid objection. Mr. Serrino also read a letter in support of the appeal from the past Director of Orange County Music Chorale, who is a frequent customer at the restaurant. Rita Loverde, 1575 Santa Ana Avenue, Costa Mesa, addressed the Council in .';. favor of the appeal. She stated that the type of jazz performed at the Cafe Lido is high quality and very important to the patrons, and that if the hours of operation are lessened, the applicant will not be able to obtain such high -rated performers because of union wages. Paul Penardi, 23152 Vista Way, E1 Toro, Acoustical Consultant, addressed the Council and stated that he had been retained by the applicant to assure that Cafe Lido complies with the conditions of approval regarding sound, and that the sounds from the restaurant do not exceed the ambient noise level. He stated that the Acoustical Analysis report submitted to the Council earlier in the evening by Mr. Loomis is only a preliminary draft and that further study is underway. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council, and indicated that the commercial/ • residential mixed use in the Cannery Village area is partially due to the City's zoning years ago, and that commercial property owners, such is Cafe Lido, have as much right to survive as Volume 42 - Page 10 COUNCIL MEMBERS 1.4 � Gyps � �� G V Motion X CITY OF NEWPORT BEACH MINUTES January 11, 1988 residential. He also felt that the problem of noise was something that could be handled. Dr. Don Royal, resident of 44th Street, addressed the Council in favor of the appeal. He stated there is a need for late -night dining, as well as a need to preserve good jazz entertainment. He stated that the clientele at the Cafe Lido is quite different than that of the "Snug Harbor," and he does not feel that noise from the music, or noise from people leaving the restaurant at closing time will be a problem as it has never been in the past. Suann Helsel, 239 Via Ithaca, addressed the Council in support of the appeal. She stated that Cafe Lido has excellent food as well as outstanding jazz entertainment. She also felt the owner was very aware of sound levels and has kept, and will keep the music "toned down" when felt necessary. Joe Sperrazza, owner of Cafe Lido, addressed the Council and stated that he has been at the current location for over six years, and is only moving 380 feet to the new site. He stated he would like to have the same hours of operation as the existing restaurant, and that they have never had a problem with noise. He stated that Cafe Lido is the only restaurant on the Peninsula that provides full service dining until 12 midnight. Hearing no others wishing to address the Council, the public hearing was closed. Council Member Strauss commented that the Specific Area Plan for the Cannery Village area provides for a mixed -use of residential and commercial, and that he was supportive of the Planning Commission's recommendation on hours of operation. He therefore, moved to sustain the recommendation of the Planning Commission. Council Member Maurer spoke in opposition to the motion, stating he had viewed the site of the new location and felt the structure was built like a "fort," and that there would not be a problem with noise levels. He also stated that Cafe Lido has established a quality operation and that the applicant should not be "punished" on his hours of operation.because of the previous Volume 42 - Page 11 U/P 3306 COUNCIL MEMBERS 0 • CITY OF NEWPORT BEACH MINUTES January 11, 1988 restaurant owner at that site. He also pointed out that this Use Permit can be reviewed in six months and if the hours of operation are posing a problem, they can be changed at that time. Mayor Pro Tem Hart commented she agreed that the Cafe Lido was a fine restaurant with outstanding jazz entertainment; however, because of the new location, and in keeping with the goals and objectives for Cannery Village,, she felt the Council should begin by implementing those goals. Mayor Cox stated he felt it was unfortunate that such pleasures as music and restaurants (like the Cafe Lido) have slowly deteriorated because of conditions imposed by local government. He pointed out that people residing in a mixed -use area must accept and deal with those mixed -use conditions. He stated he could not support the motion, and felt the Council should give the applicant an opportunity to continue his same type of operation at the new location, rather than "squeeze" him out of business and lose one of the City's better restaurants. Council Member Turner commented that "sound" seems to be an issue of concern and impact on the residential neighborhood, and therefore, suggested the motion be amended as follows: Hours of operation for entertainment: Monday - Thursday entertainment to stop at 12:30 a.m. Friday night: Saturday night: 8 p.m. - 1 a.m. 8 p.m. - 1 a.m. Sunday night: 3 p.m. - 12:30 a.m. (Restaurant to close at 2 a.m.) Mr. Sperrazza addressed the Council again, and stated he did not feel noise would be a problem either inside or outside the restaurant. It is his opinion that all vehicles leaving the restaurant will not be exiting on Lafayette, and therefore, disturb the residents at 601 Lido Park Driver He also felt that the new proposed parking facility the City is planning to construct in Cannery Village will have a Volume 42 - Page 12 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES AGE gG yYA ROLL CALL $' January 11, 1988 larger impact on traffic than his U/P 3306 establishment. He stated that he will personally monitor the music, and make sure that the flow of traffic from his restaurant is directed away from Lido • Park Drive. In response to Council inquiry, Mr. Sperrazza stated that he was not in favor of the closing time for entertainment as suggested by Council Member Turner, due to the fact that the majority of jazz listeners do not come out to enjoy the music until the later hour. Mr. Sperrazza read a letter from Sam Blackwell, Feature Editor of the Daily Pilot, in support of the Cafe Lido retaining its same hours of operation at the new location. The letter read in part, "Cafe Lido provides some of the best jazz entertainment in Orange County and contributes substantially to the cultural cllmate...'Round Midnight' is the title of a recent film about jazz, and 'round midnight' is when jazz clubs start cooking- -not when they should close." x x x x Following discussion, the motion, as x x x amended, was voted on and carried. E. PUBLIC COMMENTS: 1. Sid Soffer, 900 Arbor Avenue, Costa Traffic Mesa, addressed the Council regarding traffic problems in Costa Mesa, and how the City of Costa Mesa is approaching the problem in seeking ideas. 2. Don Hunter, 1666 Newport Boulevard, Hoag Cancer' addressed the Council and expressed his Center appreciation for the approval the Council gave recently to the new Hoag Hospital Cancer Center. F. CONSENT CALENDAR: Motion x The following actions were taken as All Ayes indicated, except for those items removed. 1. ORDINANCES FOR INTRODUCTION: Pass to second reading on January 25, - 1988: • (a) Proposed ORDINANCE NO. 88 -1, being, Ord 88 -1 Animal Cntrl AN ORDINANCE OF THE CITY COUNCIL OF Ofcr /Enfrcm THE CITY OF NEWPORT BEACH AMENDING (70) SECTION 10.12.010 and 1.12.020 OF Volume 42 - Page 13 COUNCIL MEMBERS A G CITY OF NEWPORT BEACH MINUTES January 11, 1988 THE NEWPORT BEACH MUNICIPAL CODE TO MAKE IT UNLAWFUL TO GIVE FALSE INFORMATION TO ANIMAL CONTROL OFFICER AND GIVING ANIMAL CONTROL OFFICER POWER TO ENFORCE THIS ORDINANCE. (Report from the City Attorney) (b) Removed from the Consent Calendar. Public hearing scheduled for January 25, 1988: (c) Proposed ORDINANCE NO. 88 -2, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 20.74 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO ADULT ENTERTAINMENT BUSINESSES [PLANNING COMMISSION AMENDMENT NO. 6561. (Report from the Planning Department) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 88 -3 determining and establishing an Appropriations Limit for Fiscal Year 1987 -88 in accordance with Article XIII -B of the California Constitution and Government Code Section 7910. (Report from the Finance Director) 3. CONTRACTS /AGREEMENTS: (a) Approve a Modification Agreement with Robert Be.in, William Frost 8 Associates for professional engineering services for WIDENING PACIFIC COAST HIGHWAY FROM NEWPORT BOULEVARD, WESTERLY OF ORANGE STREET, CONTRACT NO. 2591. (Report from Public Works Department) (b) Authorize Mayor and City Clerk to execute lease with Finlay G. Scott, owner of Bayside Marine Sales, yacht brokerage and marine insurance business. (Report from Tidelands Affairs Committee) (c) Removed from the Consent Calendar. Volume 42 - Page 14 88 -2 ing/ It Entertn '87 -88 rprtns Lm[ s 88 -3 .; n� Widng/ .erly Orng Mtn • CITY OF NEWPORT BEACH COUNCIL MEMBERS \11\J, 9G �fF9 January 11, 1988 4. COMMUNICATIONS - For referral as indicated: MINUTES (a) To City Manager for consideration, request from Corona del Mar Chamber of Commerce for $7,600 allocation for underground electrical wiring installation for Corona del Mar sign on Pacific Coast Highway at MacArthur; and funds be allocated for replacement of missing trees along the avenue on Pacific Coast Highway between Avocado and Hazel Drive. (b) To Parks, Beaches and Recreation for inclusion in the records, letter of special thanks from Charlie Bauman, President of Balboa Improvement Association regarding work done at the "Wedge." (c) Removed from the Consent Calendar. 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) Robert L. (Beau) Barrett for damages, alleging City Police Officers entered his home illegally under the guise of a kidnapping investigation at 123 38th Street on September 4, 1987. (36) Barrett (b) Bill Cargile for damages, alleging Cargile City tree limb fell on his vehicle at 505 S. Santa Aria Avenue on December 5, 1987, thereby causing damage to fenders, hood and windshield. (c) Simon and Elizabeth Castagna alleging Fire Department damaged side and front fenders of claimant's vehicle while parked during annual boat parade in front of home which caught fire on December 21, 1987, near Newport Bay. Castagna (d) Application for Leave to Present Ellis Late Claim of Gerald E. Ellis alleging wrongful death of daughter Terri Louise Ellis, who was passenger in car driven by Darlene Mauro on January 23, 1987. Volume 42 - Page 15 COUNCIL MEMBERS _ 0�� • • CITY OF NEWPORT BEACH MINUTES January 11, 1988 (e) Matthew D. Gauss alleging damage to Gause parked vehicle at 421 Poinsettia, Corona del Mar, on December 12, 1987 as a result of falling tree. (f) Kathleen M. Harris alleging Harris personal injuries as a result of fall on raised sidewalk at Fernleaf Avenue near Pacific Coast Highway on December 8, 1987. (g) Benjamin C. Harris, Jr., alleging Harris, Jr.' personal injuries and property damage as a result of being rear -ended by City Police vehicle at Superior Avenue, near intersection of So. Ticonderoga on September 22, 1987. (h) Kamyar Katiraie alleging property Katirale damage to vehicle as a result of pine tree falling on hood and left fender of automobile near 433 Heliotrope Avenue on December 12, 1987. (i) Antlone F. Khoury alleging his Khoury vehicle was legally parked and hit by City truck on Dorothy Lane on December 2, 1987. (j) Kevin William Marx alleging Marx personal injuries as a result of traffic accident on Irvine Avenue, 925 feet north of Mesa Drive on October 9, 1987. (k) Mercury Casualty Company alleging Mercury signal light was inoperative at Casualty Bristol and Irvine Avenues on Murray October 27, 1987, and thereby claimant seeking reimbursement of property damage. Stiiitz (1) George, Elizabeth and Keith Poutney Poutney alleging personal injuries and property damage as a result of traffic accident at Jamboree Road and Pacific Coast Highway on September 8, 1987. (m) Williamson and Schmid seeking Williamson/ Identity from claim filed by Linda Schmid/ Sue and Jerry Murray regarding. Murray accident at Superior and Coast .Highway on July 17, 1985. (n) Paul F. Stiritz alleging property Stiiitz damage to vehicle as a result of being rear -ended by Police vehicle on 33rd Street on November 28, 1987. Volume 42 - Page 16 COUNCIL MEMBERS .:ROLL • CITY OF NEWPORT BEACH MINUTES January 11, 1988 For rejection: So CA Edison (o) Late claim of Ida Jessiman alleging Jessiman personal injuries, etc., as a Engr result of fall on sidewalk at Edgewater and Coronado on August 29, 1987. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's (66) referral to the claims adjuster: (a) John Joseph Picco for damages, Picco violation of civil rights; assault and battery and demand for jury trial, Orange County Superior Court, Case No. 544318. Claim was denied by Council on December 14, 1987. (b) Kathy K. Sandhoff for personal Sandhoff' injuries and damages, Orange County Superior Court, Case No. 541341. Claim was denied by City Council on June 22, 1987. (c) Southern California Edison Company So CA Edison vs. Newport Beach, Fleming & Fleming Engineering and Coast Pipeline Engr Corporation, Orange County Municipal Court, Case No. 88093. Claim was denied by Council on May 11, 1987. 8. REQUEST TO APPROVE /FILL PERSONNEL (66) VACANCIES: (Report from the City Manager) (a) One Police Officer, Police Department. (b) One Custodial Officer, Police Department. (c) One Groundsworker II, Parks, Beaches and Recreation Department. (d) One Maintenance Worker II (Asphalt Crew), General Services Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Revision to COUNCIL POLICY M -1 WATER SERVICE OUTSIDE OF THE CITY. (Report from Utilities Director) (b) Bylaws, Library Board of Trustees. Volume 42 - Page 17 Council.. Policy M -1 (69) Library Bd (24) CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES y � �G9��4P� Hof �.y J+99G9�� G� ROLL CALL January 11, 1988 X (c) Building Code Board of Appeals Bldg Cd Bd':' Minutes of December 9, 1987. (24) For Council information and filing: (d) Environmental Quality Affairs EQA /CAC Committee memorandum regarding (24) workshop conducted at the Police Station on December 5, 1987. (e) Report from Police Chief Arb United Wy Campbell concerning the 1987 -88 (66) United Way Campaign. 10. PUBLIC HEARING SCHEDULING - For January 25, 1988: (a) Awarding of Official Police Tow Police Tow/ Truck Services contract for 2 -year Ofcl period. (Memorandum from Business (70) License Supervisor) 11. REFUSE RECYCLING /TRANSFER STATION - Refuse/ Uphold staff's recommendation to Rcycling/ establish a City refuse recycling/ Tsfr Statn; transfer station at the City Yard; and (44) utilize City resources and the consultant services of SCS Engineers to obtain State and County permits to operate said station. (Report from General Services Director) • 12. SCOUT HOUSE AT CLIFF DRIVE PARK PB &R /Clf COMMUNITY BUILDING - Uphold staff's Dr Cmty Bldg recommendation to waive facility fees (62) for 1988 on the second Saturday of each month for one hour meetings, as requested by the Boy Scouts of America, a nonprofit organization. (Report from Parks, Beaches and Recreation Department) 13. Removed from the Consent Calendar. 14. PERMIT REQUEST BY BAY ISLAND CLUB, INC. Permit/ - Uphold staff's recommendation to Encroachm approve the application to construct a (65) Of ft. high grapestake fence around an existing backflow prevention device in the intersection of Edgewater Avenue at Island Avenue, subject to execution of an agreement for nonstandard improvements; and an encroachment permit from Public Works Department. (Report from Public Works Department) • 15. PERMIT REQUEST BY WILLIAM P. FOLEY, III, Permit/ AND CAROL FOLEY - Uphold staff's Encroachm: recommendation to approve the (65) application to construct wood decks, retaining walls, backfill, stairs and Volume 42 - Page 18 COUNCIL MEMBERS • • CITY OF NEWPORT BEACH MINUTES January 11, 1988 appurtenances within a City sewer easement and storm drain easement crossing through One Royal Saint George Road subject to issuance of an encroachment permit for construction of nonstandard improvements; and authorize the Mayor and City Clerk to execute subject encroachment agreement and record with the Orange County Recorder. (Report from Public Works Department) 16. WATER MAIN REPLACEMENT PROGRAM 1987 -88 (CONTRACT NO. 2666) - Approve the plans and specifications; and authorize the City Clerk to advertise for bids to be opened at 11:00 a.m. on January 28, 1988. (Report from Public Works Department) 17. SPECIAL EVENTS PERMITS - Uphold staff's recommendation for approval [subject to conditions listed in the staff report] for the following: (a) Application #87 -186 - Temporary road closure for Spirit Run -5K & 1OK Runs at Fashion Island, Newport Center, Sunday, January 31, 1988; and (b) Application #87 -455 - Temporary road closure for YMCA Indian Guides Bike Ride, Back Bay Drive, Saturday, January 23, 1988. 18. BUDGET AMENDMENTS - For approval: BA -040, $909.10 - Transfer in Budget Appropriations for City's share of participation in the Hazardous Waste Management Authority; Nondepartmental Fund. BA -041, $970 - Transfer in Budget Appropriations for Special Refuse Collection for Eastbluff; General Services Fund. (Memorandum from General Services Director w /copy of letter from East Bluff Community Association) BA -042, $15,000 - Transfer in Budget Appropriations for retention of consultant; City Council Fund. Wtr Mn Rplcm Prgr '87 -88:` C -2666 (38) Permit /Spcl, Events (65) Apli #87 -1$6 . Apli #87 -455 (25) Eastbluff C/A /Refuse (44) • BA -043, $5,000 - Transfer in Budget Wtr Quality Appropriations for Water Quality (51) Corporate Involvement Program; Marine Fund. (Copy of Background Summary) Volume 42 - Page 19 a COUNCIL MEMBERS • Motion All Ayes Motion All Ayes • x CITY OF NEWPORT BEACH x MINUTES January 11, 1988 �Nf1�Y ':'• BA -044, $8,500 - Transfer in Budget Appropriations for Consulting Services to relieve problems associated with the potential lease by the Federal government of tracts offshore of Orange County for oil and gas drilling; Nondepartmental Fund. BA -045, $10,517.40 - Increase in Budget Appropriations for purchase of Police Service canine; time lapse video unit; and video camera for use in narcotics investigation; Police [Narcotics] Fund. BA -046, $25,000 - Decrease in Unappropriated Surplus and Increase in Budget Appropriations for Site Planning Study; Building Excise Tax Fund [Library]. (Memorandum from City Library Librarian) (50) BA -047, $34,000 - Decrease in Unappropriated Surplus and Increase in Budget Appropriations for Consultation Services to design; obtain permits; and direct construction of City Yard Refuse Transfer Station; General Fund. (Refer to report w /Agenda Item F -11) BA -048, $14,500 - Decrease in Unappropriated Surplus and Increase in Budget Appropriations for reroofing Council Chambers; General Fund. (Memorandum from Building Director) Bldg (26) G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Letter from Robert J. and Sinee PW /CalTrana Coles regarding the Hoag Cancer Center and Hoag Cncr CalTrans East Site Development, was Ctr presented. (74) Motion was made to refer the subject letter to the Public Works Department for response, with copy to City Council. 2. Report from Tidelands Affairs Committee Galley Cafe regarding lease with Myrtle Flach and Rest /Marine Edward H. Flach, Jr., owners of the Dpt Galley Cafe Restaurant, was presented. (51) Motion was made to defer action to January 25, 1988, as requested by the Flachs. Volume 42 - Page 20 COUNCIL MEMBERS y n n Ayes Motion X CITY OF NEWPORT BEACH X MINUTES January 11, 1988 3. Report from the Assistant City Attorney Massage regarding proposed ORDINANCE AMENDING Businesses. CHAPTER 5.50 OF THE NEWPORT BEACH (27) MUNICIPAL CODE PERTAINING TO MASSAGE ESTABLISHMENTS, was presented. Motion was made to refer the subject ordinance back to staff, as requested, to hold meetings with the business establishments. 4. HARBOR PERMIT APPLICATION NO. 259 -106 by Harbor Perm V. V. Brown to revise the residential Apli#259 pier and float bayward of 106 South 106 Bayfront, Balboa Island, subject to (51) conditions listed in the staff report, was presented with report from Marine Department. Tom C. Simandl, 100 S. Bay Front, Balboa Island, addressed the Council and stated that he was unaware of the subject agenda item until 6:30 p.m. this evening, and felt he should have been notified. He stated he was opposed to "piecemeal" approval of this project because he felt one mistake could lead to another and those mistakes could affect waterway access to his dock. He explained his dock configuration and requested the Council to deny the application until all unknown effects of the remaining project phases are clarified. V. V. Brown, 106 S. Bay Front, Balboa Island, the applicant, addressed the Council and stated that Mr. Simandl is aware of his project, as he reviewed the plans with him at Mr. Simandl's home. He stated that he has assured Mr. Simandl that he will not apply for a float that gives Mr. Simandl less than 16 feet of access. He explained the reasons for the pier request, and noted that the float size and location would be approved at a later date. Following discussion, motion was made to approve Harbor Permit Application 259 -106 as to the pier only, subject to the conditions contained in the staff report, and that the float design be referred to the Tidelands Affairs Committee for review and report back. Volume 42 - Page 21 CITY OF NEWPORT BEACH COUNCIL MEMBERS ..G��9�� G 'ALL January 11, 1988 MINUTES Ord 87 -48 Campaign Contrb /Muni Election (39) City Adm/ Historical Res Survy (35) Mr. Simandl addressed the Council again, and stated that he was not only concerned with the 20 foot distance between Mr. Brown's float and Mr. Bancroft's float, he was also concerned • with the line of access to his dock once the float is installed. Jerry Furrey, 101 N. Bay Front, Balboa Island, addressed the Council and stated that any movement of Mr. Brown's pier puts the boat that Mr. Brown rents in the center of his view, and he will oppose any move of the subject pier, which would block the center of his view. He also requested he be notified of any meetings when this item is discussed. All Ayes The motion was voted on and carried. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 87 -48, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 1.25 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO MUNICIPAL ELECTION CAMPAIGN CONTRIBUTION AND EXPENDITURE CONTROL, was presented for second reading, with report from City Attorney, dated December 14, 1987. Motion x Motion was made to adopt Ordinance No. All Ayes 87-48• I. CONTINUED BUSINESS: 1., Report from Executive Assistant to the City Manager dated October 12, 1987 regarding HISTORIC RESOURCES SURVEY, was presented. The City Clerk advised that after the agenda was printed, a letter was received from the Newport Beach Historical Society, requesting the proposed study not be undertaken. In addition, a letter was received from the Newport Beach Conservancy, withdrawing their interest in the subject proposal. ion x Motion was made to refer the subject Ayes item back to staff. Volume 42 - Page 22 Ord 87 -48 Campaign Contrb /Muni Election (39) City Adm/ Historical Res Survy (35) COUNCIL MEMBERS I\X Motion All Ayes Motion All Ayes • Motion All Ayes • X X X CITY OF NEWPORT BEACH MINUTES January 11, 1988 2. Motion was made to confirm the following APPOINTMENTS TO CITIZENS ADVISORY COMMITTEES for 1 -year term ending December 31, 1988: Bicycle Trails Citizens Advisory Committee (District 1) Council Member Strauss's appointment of Peter Bryan. (District 3) Mayor Pro Tem Hart's reappointments of Donald W. Harvey and Robert F. Cooper. Environmental Quality Affairs (District 1) Council Member Strauss's reappointments of Geneva Matlock and Bill Cool. 3. Motion was made to confirm the following appointment to the CITY COUNCIL AD HOC AVIATION CITIZENS ADVISORY COMMITTEE (deferred from 12/14/87 meeting): Randolph J. Kroenert as a Representative from the Homeowners Association. J. CURRENT BUSINESS: 1. Report from Planning Department regarding the GENERAL PLAN OUTREACH PROGRAM, was presented. It was suggested by staff that Section 1 of the subject resolution be amended to read as follows: "The committee shall consist of the Mayor, one permanent member of the City Council appointed by the Mayor, and a third member of the City Council to be designated by the Mayor depending upon the area represented by the homeowners' association invited to attend." Motion was made to adopt Resolution No. 88 -4, as amended in the foregoing, and to appoint Mayor John C. Cox, Jr., and Mayor Pro Tem Evelyn Hart to said committee. 2. Report from the Planning Department regarding the ACQUISITION OF 5.5 PARCELS (DOAN PROPERTY) IN CANNERY VILLAGE, at the southwest corner of 30th Streets and Villa Way for the construction of a public parking facility, was presented. Volume 42 - Page 23 BT /CAC EQA /CAC Cncl Ad Hoc) Aviation Cmte Cncl Ad Hoc GP Outreach Committee (24) Res 88 -4 Property Acquistn/ Canry Vlg Doan Propty (73) COUNCIL MEMBERS � 4P� y Motion '.' All Ayes • • x CITY OF NEWPORT BEACH MINUTES January 11, 1988 Following discussion and clarification of the proposal, motion was made to: (a) Adopt Resolution No.88 -5 declaring the necessity to acquire the property located at 430 30th Street by Eminent Domain; and (b) Authorize staff to conclude the negotiations with the property owner consistent with the City's appraisal; and (c) Direct staff to prepare the necessary budget amendments allocating $500,000 from the Off- Street Parking Fund and $700,000 from the sale of Certificates of Participation; and (d) Direct staff to prepare the Financing Agreement for the remainder of the acquisition and construction costs for submittal to the City Council. Meeting adjourned at 10:30 p.m. f: * * * * * * * * * * * The agenda for this meeting was posted on Thursday, January 7, 1988 at 9:00 a.m., on the City Nall Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 42 - Page 24 Property Acquistn/ Canry Vlg Doan Propty: Res 88 -5