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HomeMy WebLinkAbout07/08/1991 - Regular MeetingCOUNCIL MEMBERS REGULAR CODNCYI. NESTING PLACE: Council Chambers TINE: 7:00 P. M. \AM' \Mkk DATE: July 8, 1991 :1! '�7�;18w- 0 Present x Motion All Ayes Motion All Ayes • X x x x x x X X Mayor Sansone presented a Proclamation to Bill Barrington of the Newport Beach Exchange Club in recognition of CHILD ABUSE PREVENTION NTH. Mayor Sansone presented a Certificate of Appreciation to Roy Allen of Riviera Adjusters, who retired June 30, 1991, in recognition of his 12 years as the City's Claims Adjuster. A. ROLL CALL. B. Reading of Minutes of Nesting of June 24, 1991, was waived, approved as written, and ordered filed. C. Reading in full of all ordinances and resolutions under consideration was waived, and City Clerk was direct to read by titles only. D. HEARINGS: 1. Mayor Sansone opened the public hearing regarding proposed ORDINANCE NO. 91 -28, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ACING DISTRICTING NAPS NOS. 6 AND 23 SO AS TO RECLASSIFY PROPERTY LOCATED IN THE R -4 DISTRICT TO THE P -C DISTRICT; REMOVING THE SPECIFIC PLAN DESZGNATION FROM THE SITE; AND ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN ON PROPERTY COMMONLY KNOWN AS THE BALBOA BAY CLUB, AND THE ACCEPTANCE OF AN EMRONIENTAL DOCUMENT (PLANNING COMMISSION ANUMNENT NO. 739). 0 USE PERMIT NO. 3422 - A request of the Balboa Bay Club to allow hotel and restaurant uses in conjunction with the redevelopment of the Balboa Bay Club; ry TRAFFIC STUDY NO. 75 - A request by YNTERNATIONAL BAY CLUBS, INC., to approve a Traffic Study in conjunction with the redevelopment of the Balboa Bay Club. Report from the Planning Department. Supplemental information from the City Manager. Letters from William L. Thompson and Peter J. Tennyson in opposition, urging that the City Council not approve the Planning Commission's decision to allow the Bay Club to proceed with plans for the vast enlargement of the subject facility. Volume 45 - Page 210 "-10 Ord 91 -28 Zoning (94) PCA 739 U/P 3422 Traffic Study No.75 0 • \ \\ July S. 1991 The City Clerk advised that after the agenda was printed, approximately 35 additional letters were received in opposition to the Balboa Bay Club's proposed redevelopment plan, as well as 27 telephone calls voicing objections to the plan. Also, approximately 25 letters were received in support of said plan. The City Manager noted that in addition to what was provided by the Planning Department, members of the City Council were given a copy of Pages 16 and 17 of the current Balboa Bay Club lease approved in 1986, which requires the City and the Balboa Bay Club to prepare a "comprehensive plan for redevelopment of the leased premises." The Balboa Bay Club's EIR, redevelopment plan, traffic studies and other items received from the Planning Commission are the result of the commitment made in the current lease. This does not mean that the City Council has to approve the plan at this time. The Council can change this plan if a majority of the City Council believes the redevelopment plan merits change. However, the agreement does require a redevelopment plan ultimately to be reviewed and approved so that it can be submitted to the California Coastal Commission for the Commission's review. The City Manager also referenced page 94 of the staff report, wherein it was pointed out that the State Lands Commission staff supports the concept of establishing the Balboa Bay Club as a "visitor - serving commercial" facility in furtherance of the Public Trust Doctrine and the provisions of the California Coastal Act:. He also referenced page 103 of the staff report advising that the California Coastal Commission in their letter of June 17, 1991, encourages the Balboa Bay Club to provide public access to the bay and waterfront pursuant to the Coastal Act. Patricia Temple, Advance Planning Manager, outlined the proposed redevelopment plan and the applications to implement that plan as follows: A 300 unit hotel is proposed for Area 1 and a subterranean parking structure. A lodging facility is being proposed for Area 2 which will provide a total of 144 units. The largest component from a nondevelopment point is the inclusion of a very detailed public access program which is in response to the City's Local Coastal Program and the Coastal Act. The property which is now a private club will become far more accessible to members of the general public through both rese'rved.use of banquet and hotel facilities„ as well as accommodating casual access to the property, i.e., Volume 45 - Page 211 MINUTES Balboa Bay Club ROLL CRLL 19 • • July 8, 1991 pedestrian access, use of restaurant facilities, walking onto the property, which presently does not occur. It is estimated that less than 10% of the total club portion of the project will actually be reserved for exclusive use of its members, which is a very significant change. Ms. Temple referenced the Planned Community Text for this project and explained how the square footage was calculated against the property under the provisions of the General Plan, pointing out the Statistical Analysis on page 14 of the staff report, which indicates Total Allowable Building Bulk - 1.35 for Area 1 and 2 (Gross Floor Area plus above -grade covered parking). She stated that the building bulk is 1.08 .based on the total proposed plan. She at the additional conditions recommended to the EIR following the public hearing by the Planning Commission, and discussed the proposed sound attenuation standards for the Bayshore property line site, as well as the additional landscape plan for the facade of the building that faces toward Pacific Coast Highway, which will help mitigate any reflective noise. Ms. Temple introduced Andi Adams and Kevin Culbertson, the City's Environmental Consultants, Wes Pringle, City's Consultant Traffic Engineer, and Fred Greve, City's Consultant Noise Engineer, who were in attendance to answer technical questions of the City Council. Following a brief question and answer period regarding the height of the proposed sound attenuation wall, floor area ratio,, and parking generation rate, the Mayor called for public testimony. Dennis O'Neil, Attorney representing the Balboa Bay Club, stated that they are sensitive to many of the issues raised by the community and staff involving view alterations or impairments, height of the structures, coverage of the project on the site, traffic, proposed traffic signal, and public access, etc., and believe that the mitigation measures contained in the EIR adequately address those concerns. He added that as a result of those concerns, representatives of the Balboa Bay Club have continued to meet with community leaders to hopefully resolve those issues. Bill Ray, Chairman of the Board, Balboa Bay Club, explained exhibits depicting the existing structures on the site, as well as the proposed redevelopment plan. He stated that the Club Facility area (Area 1) is a combination of complimentary uses which includes the following: Guest Facility, Guest Serving Retail Services, Indoor /Outdoor Restaurant, Coffee Shop, Bar and Lounge, Volume 45 - Page 212 MINUTES • • • July 8, 1991 Ballroom and Conference Facility, Athletic Facility, Administration Offices, and Marina /Boat Storage and Parking. The adjacent Lodging Facility (Area 2) includes: Units in the lodging facility, Parking, Boat Storage, Marina, and Laundry. He also discussed setback and height limit requirements relative to their plan. Mr. Ray commented that the subject redevelopment plan has been public for over two years and that meetings have been held with civic groups as well as homeowner associations and neighbors. He distributed a booklet containing additional view studies from certain properties on Kings Road and Bayshore Avenue, and stated that no water views will be impacted. He also stated that as a result of the concerns of Bayshore residents, they are proposing to eliminate seven hotel units and move the building an additional 18 feet away from the Bayshore property line. In addition, they are reducing the height limit of the highest portions of the athletic building to approximately 32.5 feet and other portions of that building to 29 feet:. He stated they recognize they have a strong community responsibility which they are attempting to fulfill. They feel they have an exceptionally good plan that meets the criteria of the General Plan, and hope it will be approved. In response to Council inquiry, Mr.Ray answered questions regarding the lease extension approved in 1986 and the money borrowed against said lease; who compiled their economic feasibility study; improvements to the Terrace Apartments; the possibility of converting the apartments to "visitor - serving;" the long -term plan for said apartments; and the rooftop terrace referenced on page 17 of the staff report. The following persons addressed the Council in opposition to the proposed redevelopment plan indicating their concerns regarding precedent setting, traffic, pollution, building height, increase in noise (during construction and after project completed), inadequate EIR, increase in water usage for hotel and lodging facility, 24 -hour reflective lighting, delivery trucks, size of proposed hotel structure, etc,.: Nicholas Yarn, 1210 Kings Road, Cliffhaven Community Association Mary Peikert, 811 Kings Road, Cliffhaven Community Association Jim Adams, 1611 Kings Road, Cliffhaven Community Association Al Beaudette, 401 Kings Place, Cliffhaven Community Association Kevin Green, 2451 Marino Drive, Bayshores Community Association Bill Hart, 2451 Bayshore Drive, Bayshores Community Association Volume 45 - Page 213 01211 INDEX Balboa Bay Club T.,, COUNCIL MEMBERS 0 NO L xl= MINUTES 11111 31.4 Jeffrey Oderman, 2561 Vista Drive, Balboa Bay Bayshores Community Association Club Jack Teal, 2792 Circle Drive, Bayshores Community Association Gordon Glass, 2562 Waverly Drive, Bayshores Community Association • Eustace Rojas, 2219 Cliff Drive Mrs. Reed, 1805 Cliff Drive Drew Lawler, 2461 Crestview, Bayshores Community Association Grant Reynolds, 1301 Kings Road Carol Broom, 222 Coral Avenue Allan Beek, 2007 Highland Avenue Terry Buckley, 2592 Vista Drive, Bayshores Community Association John Miller, P.O. Box 1475, Newport Beach John Fellows, 1100 Westcliff Drive Jay Walling, 1113 Kings Road James Svetz, 403 Flagship Road, Newport Beach, employee of Balboa Bay Club, and Angela J. Keefe, Hotel Workers Union, Local 681, addressed the Council expressing; their concerns over the low wages paid to the 120 full -time employees of the Balboa Bay Club. The following persons addressed the Council in favor of the proposed redevelopment plan, indicating they felt the project will be an asset to the City, not only aesthetically, but also generate additional revenue; that noise will not be a problem as a result of the hotel; the proposed development will • enhance the Balboa Bay Club as a visitor- serving facility, and the project will provide greater public access to the water than presently exists: Ellen Wilcox, 2027 Deborah Lane Al Smith, 2601 Circle Drive, Bayshores Community Association Jim Dale, 434 Tustin Avenue Joseph Grothu, 419 Belvue Lane William Lusk, 220 Poinsettia Avenue Jackie Heather, 1500 Dorothy Lane, former Mayor and Council Member Stephen Sutherland, 300 E. Coast Highway, Member of Mariners Mile Association Elon Wells, 20 Jetty Drive Donald Olson, resident at Balboa Bay Club Donald Lewis, 440 Lido Nord Motion x At this time Mayor Sansone disallowed any further testimony in view of the late hour, and motion was made by Council Member Hart to re- introduce Ordinance No. 91 -28 as revised in Section 3 as follows and pass to second reading on July 22, 1991: • "Development of the property, which is rezoned P -C pursuant to this Ordinance, shall be as specified in the Planned Community District Regulations and W..l­ ...e AM _ Y...... 91 A COUNCIL MEMBERS ROLL CALL 0 All Ayes Motion All Ayes C • CITY OF NEWPORT BEACH July 8, 1991 Development Plan which is also approved and adopted pursuant to this Ordinance, and which specifies the permitted land uses, intensity and density limits and development standards and regulations for the property as set forth in the attached Exhibit C." Council Member Watt asked if the City had ever completed an economic feasibility study which would tell the Council what the City could do with the Balboa Bay Club property if the City were to lot the lease run out and the property reverted to the public. The City Manager responded in the affirmative and stated he would forward her a copy. The motion. was voted on and carried. Motion was made to continue this public hearing to July 22, 1991. Mayor Sansone opened the public hearing regarding LOCAL COASTAL PROGRAM LAND USE PLAN AMENDMENT NO. 23 establishing a policy regarding private oceanfront encroachments on public property. Also included is consideration of amendments to Council Policy L -14, which established administrative procedures for the implementation of the Local Coastal Program policy. Report from the Planning Department. Letter from Robert Todd in opposition to allowing beach front owners "permit encroachments." The City Clerk advised that after the agenda was printed, a letter was received from Jerry Cobb, Chairman of the Ocean Front Encroachments Committee, in support: of the proposed policy. John Wolter, Public Works Projects Engineer, stated that the ocean front encroachment policy approved by the California Coastal Commission will, if accepted by the City, make modifications to the policy adopted by the City Council in October, 1990. The revised policy and the modifications are as follows: "1. Specified a maximum 10 foot depth of encroachments from 36th Street to 52nd Street. The allowable encroachment of 15 feet from 52nd Street to the Santa Ana River and 74 feet from A Street to beyond E Street was not changed. 112. A new fee schedule was established. Fees are based on the depth of the encroachment and range from $100 to $600 per year. Volume 45 - Page 215 MINUTES INDEX Balboa Bay Club LCP /LUP Amnd 23 (68) 0 • • 9L CITY OF NEWPORT BEACH July B, 1991 "3. A mitigation plan was adopted which provides: "A. Public access will be increased by completing street end improvements to the t h i r t y- t h r a e unimproved street ends in the West Newport area. "i. Within the improved street ends there will be a minimum of two parking spaces. ' °ii. At least 85% of the monies collected by the City for encroachment permits will be used to complete the street end improvements. The City will endeavor to make at least three street end improvements per year. "iii. Parking spaces will be metered in the same manner as the West Newport park area. "B. Within three years the City shall construct a hard surface walkway perpendicular to Seashore Drive at Orange Avenue for handicapped access. At least one handicapped parking space will be provided at the Orange Avenue street end. "C. Subsequent to the completion of street end improvements, 85% of the monies generated by the encroachment fees will be used for improvements directly benefitting the beach -going public, such as parking, restrooms, vertical or. lateral walkways and similar improvements. Volume 45 - Page 216 IMMI UP /LUP Amnd 23 • • Y t � ;- ATMI'I July 8, 1991 "Additionally, provisions have been added which requires the property owners receiving encroachment permits to waive the right to contest the validity of the ocean front street easement, that the encroachment permit is revokable and that any seawalls, revetments or other erosion control device shall occur within or as close to the property line as possible. Seawalls shall not be allowed in a more seaward alignment to protect private improvements in the encroachment zone. "Staff has also drafted revisions to Council Policy L -14 to incorporate the changes to the Local Coastal Program. The proposed policy includes provisions to renew permits on an annual basis by June 30th of each year subsequent to the issuance of the initial permit. The initial encroachment permit must be applied for by September 30, 1991. "Should the City Council approve this LCP amendment and revised Council Policy, the Staff will begin notification to property owners subject to the new policy in order to process the required permits in a timely manner." Mr. Wolter answered questions raised by Council Member Plummer regarding street end improvements, and the schedule for these improvements. Timothy Antonoplos, 5107 Seashore Drive, addressed the Council in opposition to the eastern extension of the 15 foot encroachment allowance only going to 52nd Street, and requested the Council consider changing the policy back to include 51st Street as originally proposed. The City Manager responded that the 52nd Street designation was chosen after measuring the beach by both the staff and Coastal Commission. At 52nd Street, the beach is fairly narrow, and west of that it broadens out, and therefore, 52nd Street was selected deliberately, and not arbitrarily. The Public: Works Director advised that if the policy were changed at this point to include 51st Street, it would require another public hearing before the Coastal Commission. Thomas C. Camardi, Attorney representing property owner at 5109 Seashore Drive, addressed the Council and spoke in opposition to the requirement that property owners receiving encroachment permits must waive the right to contest the validity of the ocean front street easement, etc., and suggested the language be deleted from the proposed policy. Volume 45 - Page 217 MINUTES LCP /LUP Amnd 23 • Motion C • Motion Ayes Noes 0- x x I x I x I X I X I X `W±,1 July 8; 1991 I'y Jack 'Schwartz, 6210 W. Ocean Front, LCP /LUP addressed the Council in support of the Amnd 23 policy, but also had concerns with the requirement referred to by Mr. Camardi, and would like to see it taken out of the policy. The City .Attorney responded by stating that the Coastal Commission staff took a strong position that if a property owner was going to take advantage of the City's procedure and legitimize the encroachment, the property owner should not have the concurrent right to reserve, at a later date, the opportunity to challenge the City's street right -of -way at any particular location. The alternative to the property owner is not to encroach into public right -of -way. Hearing no others wishing to address the Council, the public bearing was closed. Motion was made to adopt Resolution Res 91 -80 No.91 -80, approving Amendment No. 23 to the Local Coastal Program Land Use Plan; and approve amendments to Council Policy L -14 L -14, regarding ocean front encroachment permit administrative procedures. Council Member Hedges referenced an error on page 11 of the proposed resolution; and therefore, Section 6.(C), fourth line, the words "encroachment zone" were changed to "private property." Council Member Hedges also suggested the words "as feasible" in Section 6.(C), and in Section 8.(b) 3. be deleted. The Public Works Director responded that he felt the physical configuration of the beach under consideration might dictate where those structures would have to 'be located, and that is the reason f:or using the words "as feasible." In view of the foregoing comments, no action wait taken on the immediate above. Council Member Hedges referenced Section 2.(b) on page 4 of the proposed resolution which states that "property owners in the Pier area and West Newport area hold underlying fee title to the center line....., and indicated he felt the subject sentence should be removed. The City Attorney replied that the above language is not critical or essential to the resolution, but it does represent, in essence, a part of the compromise that has been made with the property owners on the ocean front, and he would prefer it remain in the document. In view of the foregoing, Council Member Hedges moved to straw vote this item and delete the last sentence of Section 2.(b) on page 4, which motion FAILED. Volume 45 - Page 218 ROLL CRLL • Ayes Noes • x X July 8, 1991 Council Member Hedges stated that "this encroachment issue is obviously something that has gone on for over two years, and it is clearly a case, as I see it, as 'I got mine, now pull up the rope.' The City has spent literally tens of thousands of dollars in staff time and City resources on the sole behalf of 1.83 homeowners in West Newport Beach, and it is those 183 homeowners who are going to benefit from this policy. The proposed resolution has been characterized as a 'win -win' agreement. In fact, there are winners, and they are the encroaching homeowners. There are also losers, and those are the rest of the homeowners in Newport Beach. A sandy beach worth millions of dollars is being permitted away for as little as $8.50 per month with a maximum of $50 a month. I can hear champagne corks already popping once this meeting is adjourned. The great compromise of encroachers between 36th and 52nd Street to be limited to 10 feet is no compromise at all. The average encroachment in that area is only about 8 feet. The contention has been made that all the City holds is the street easement, and the adjacent property owners own the underlying fee to the land. In fact, the title of the land is unclear. The proper venue for a decision on disposition of encroachments is the judicial system; but this issue will not be scrutinized by the courts for two reasons: 1) If there would be a suit for quiet title by the homeowners and land reverted to the adjacent homeowners, and if they won the suit, then the City could exercise its police power to require setback of the property from the center of that easement; and 2) the property would then be reassessed at the increased value that the encroachments would add to it, and the property tax paid by those homeowners would go up by a commensurate amount. That amount would be much more than the fees proposed to retain these encroachments. Perhaps this is a proper issue on which the City should ascertain the will of the electorate to litigate the status of ocean front encroachments. The motion was voted on and carried. E. PUBLIC COMMENTS: Allen Beek, 2007 Highland Avenue, addressed the Council and spoke against the placement of any additional landscaping in front of City Hall in view of the recent water shortage. Council Member Hart replied that the City is currently on a 20% water rationing program, and for the month of June, she was proud to announce that residents cutback 22% in their attempt to conserve water. Volume 45 - Page 219 MINUTES alai LCP /LUP Amnd 23 Utilities C Motion All Ayes • 14140 � x �. . ,. �\ July 8, 1991 The City Manager pointed out that the amount of lawn area removed on the 32nd Street side approximately offsets the amount added in front of the City Hall. Ginger Varin, President of the Newport Beach City Employees Association, addressed the Council and expressed appreciation to the City's Negotiating Team for their efforts, and to the Council for their recent action in approving the Memorandum of Understanding between the City and Association. 3. Doug Boyd, President, Balboa Peninsula Point Association, addressed the Council and conveyed appreciation to the General Services Department for their part in the July 4th clean -up of downtown Balboa, as well as the Balboa Pier park area. F. CONSENT CALENDAR: The following actions were taken as indicated, except for t$ose items removed: ORDINANCES FOR INTRODUCTION - Pass to 2nd reading on July 22, 1991: (a) Proposed ORDINANCE NO. 91 -31, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 10.58.030 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO POLICE RESPONSE TO NOISY PARTIES AND EVENTS. [Report from the Assistant City Attorney] 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 91 -81 establishing a 110 PARKING/TOW AWAY ZONE (between Washington and Palm) at 608 East Balboa on the north side of Balboa Boulevard from a point 60 feet west of Washington Street to a point 103 feet west of Washington Street, between June 1 and September 15 of every year. [Report from the Traffic Affairs Committee] (b) Resolution No. 91 -82 of INTENT TO CONDEMN ACCESS RIGHTS TO IRVINE AVENUE adjacent to 2201 Santiago Drive; authorize the Mayor and City Clerk to approve an agreement for the acquisition of access rights; and authorize the City Manager to execute the Certificate of Acceptance for the Relinquishment of Vehicular Access Rights Grant Deed. [Report from the Public Works Department] Volume 45 - Page 220 MINUTES Assn Pier 91 -31 Prties (70) Away Zone Washgtn /Palm Res 91 -81 (85) Acq Aces Rts Rsltn Cndmn Irvine Av/ 2201 Santi_. Res 91 -82 C- 2641(B) (74/38) W:141 • • COUNCIL MEMBERS ?V CITY OF NEWPORT BEACH July 8, 1991 3 4. 5 6 CONTRACTS /AGREEMENTS: (a) Award Contract No. 2831 to Steven F. Shacklett, General Engineering Contractors, Inc. of Fontana for $305,000 for 1990 -91 SEWER MAIN REPLACEMENT PROGRAM; and authorise the Mayor and City Clerk to execute subject contract. [Report from the Public Works Department] (b) Authorise the Mayor and City Clerk to execute an amendment to the existing agreement (Contract No. 2635) between the City and CalTrans to extend termination date of PACIFIC COAST HIGHWAY WIDENING BETWEEN HIGHLAND AND BROOKHURST STREETS. [Report from the Public Works Department] COMMUNICATIONS - For referral as indicated: (a) To Pending Legislation and Procedural Ethics Committee, resolution from City of Cypress urging support in opposing the water companies attempt to impose a SURCHARGE ON WATER CONSUMPTION to compensate for lost profits from. the reduced sale of water. (b) To staff for reply, letter from Norman H. Smedegaard concerning GIFT OF LAND TO CITY. MINUTES Rul:fl 1990 -91 Swr Mn Rplcm Prg C -2831 (38) PCH Wdng/ Highland/ Brookhurst C -2635 (38) PL & PE Legislation (48) Land Acq i (73) (c) To Public Works Department for PW /Pkg response, letter from Lillian City Hall Russell concerning Council's (85) decision not to restore the PARKING SPACES IN FRONT OF THE CITY HALL. (d) To Traffic Affairs Committee, Traffic/ petition signed by residents to Skateboards BAN SKATEBOARDS ON BOTH SIDES OF (85) THE 15TH STREET AREA, AND SIDEHALKS AROUND THE 15TH STREET AND WEST OCEAN FRONT RESTROOM AR L. (e) To the Planning Commission for Planning review and report back, letter (68) frost Newport -Mesa Association of Realtors' concerning CAR -TOP OPEN HOUSE SIGNS. COMMUNICATIONS - For referral to the City Clerk: for inclusion in the records: (a) Copy of letter to U.S. House of Representatives from Dover Shores Community Association concerning JOHN WAYNE AIRPORT OPERATIONS. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Karl Avetoom alleging false Avetoom arrest, denial of civil rights, illegal search, etc. on March 22, 1991 at 1633 Highland Drive. Volume 45 - Page 221 12 P a•� • • CITY OF NEWPORT BEACH July 8, 1991 (b) Terence Harrison alleging injuries as a result of Newport Beach police car striking the Orange County Transit District bus he was driving on April 1, 1991, while traveling northbound on Balboa Street, near 16th Street. (c) Scott Horlan seeking reimbursement of $400 surfboard which was stolen from locker on June 24, 1991, while participating in the Parks, Beaches and Recreation Surfing Program. (d) James and Virginia Riley alleging damage to home at 1529 Dolphin Terrace, April -May 1991, as a result of sewer backup. (e) Joan C. St. Clair alleging damage to personal property at 429 Belvue Lane on June 17, 1991, as a result of sewer backup. (f) Irene B. Sawyer alleging personal injuries as a result of fall in hole on Clay Street (corner of Snug Harbor) on June 17, 1991. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Jerome Inghilterra for personal injuries, Orange County Superior Court, Case No. 570790. Claim was denied by City Council on June 3, 1988. (b) Jack. Paschall, Jr. for ppersonal injuries, etc., at Baysida Drive and Pacific Coast Highway, Orange County Superior Court, Case No. 657900. Claim was denied by City Council November 26, 1990. B. REQUEST TO APPROVE/FILL PERSONNEL VACANCIES: (Report from the City Manager) (a) One Refuse Superintendent, Refuse Division. (b) One Library Clerk I, Library Department. (c) One Police Officer, Police Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from Parks, Beaches and Recreation Director recommending that the City accept the donation of three vehicles from the Friends of Oasis, that provide transportation at the OASIS SR. CENTER FACILITY; and assume the liability for these vehicles as they are used for their approved purposes. volume 45 - Page 222 MINUTES INDEX t. Clair (66) (62) terra Jr COUNCIL MEMBERS ROLL CALL N MINUTES July 8, 1991 (b) Removed from the Consent Calendar 10. PUBLIC HEARING SCHEDULING: None. 11. REMODEL JAIL (CONTRACT N0. 2836) - Jail Rmdl Approve the plans and specifications; C -2836 authorize the Mayor and City Clerk to (38) advertise for bids to be opened at 11:00 a.m.. on August 21, 1991; and direct the staff to prepare plans for rebuilding; the existing handicapped ramp at the Police Station to current standards. [Report from the Public Works Department] 12. RESUBDIVISION NO. 935 - Approve a Resub 935 Subdivision Agreement guaranteeing (84) completion of the public improvements located at 506 Jasmine Avenue, on the southeasterly side of Jasmine Avenue (between Second avenue and Third Avenue, Corona del Mar) required with Resubdivision 935; and authorize the Mayor and City Clerk to execute subject agreement„ [Rep ort from the Public Works Department] 13. RESUBDIVISION NO. 866 - Approve the Resub 866 improvement plans and specifications and (84) accept the public improvements constructed in conjunction with Resubdivision No. 866 (located at 1400 Dove Street); and authorize the City Clerk to release the Faithful Performance Bond (No. 3SM 708 992 00) and release the Labor and Material Bond in six months provided no claims have been filed. Report from the Public Works Department] 14. SPECIAL EVENTS APPLICATIONS - (Reports [refer to agenda item G. 2. for from Business License Supervisor) Evnts Prmt °_ Council action]. (27) (c) Memorandum from the City Manager City Mgr giving his notice of RESIGNATION, (35) Application No. 91 -258, request of effective 5:00 p.m. on Letitia Quinn to use amplified December 30, 1991. (d) Report from the Personnel Director Personnel/ regarding the 1991 CITY Cty Schlrshp SCHOLARSHIP FOND. Fnd (66) For Council information and filing: (e) Report to the City Manager Planning regarding ACTIONS TAKEN BY THE (68) PLANNING COMMISSION ON JUNE 20, 1991. 10. PUBLIC HEARING SCHEDULING: None. 11. REMODEL JAIL (CONTRACT N0. 2836) - Jail Rmdl Approve the plans and specifications; C -2836 authorize the Mayor and City Clerk to (38) advertise for bids to be opened at 11:00 a.m.. on August 21, 1991; and direct the staff to prepare plans for rebuilding; the existing handicapped ramp at the Police Station to current standards. [Report from the Public Works Department] 12. RESUBDIVISION NO. 935 - Approve a Resub 935 Subdivision Agreement guaranteeing (84) completion of the public improvements located at 506 Jasmine Avenue, on the southeasterly side of Jasmine Avenue (between Second avenue and Third Avenue, Corona del Mar) required with Resubdivision 935; and authorize the Mayor and City Clerk to execute subject agreement„ [Rep ort from the Public Works Department] 13. RESUBDIVISION NO. 866 - Approve the Resub 866 improvement plans and specifications and (84) accept the public improvements constructed in conjunction with Resubdivision No. 866 (located at 1400 Dove Street); and authorize the City Clerk to release the Faithful Performance Bond (No. 3SM 708 992 00) and release the Labor and Material Bond in six months provided no claims have been filed. Report from the Public Works Department] 14. SPECIAL EVENTS APPLICATIONS - (Reports Special from Business License Supervisor) Evnts Prmt °_ (27) (a) Uphold staff's recommendation to afro subject to conditions listed in the staff report: Application No. 91 -258, request of Apli 91 -25 Letitia Quinn to use amplified sound for a private party at 229 Via Lido Soud on Sunday. July 14, 1991 from Noon to 10:00 p.m. Volume 45 - Page 223 COUNCIL 'MEMBERS MINUTES INnEX (b) Application No. 91 -195 - Newport Motorsports (Removed from the Consent Calendar; refer to agenda item G. 1. for Council action) 15. BUDGET AMENDMENTS - For approval: (40) • BA -001, $25,000 - Increase in Budget Appropriations to provide for refurbishment of the Newport Harbor High Aquatic Center; Park to Recreation Fund. BA -002, $2,574,932 - Increase in Budget Appropriations to provide for Salaries, Retirement and Overtime adjustments necessitated by the MOU's with the employee associations approved by the Council on June 24. 1991; General Fund. BA -003, $195,280 - Increase in Budget Appropriations to provide for Salaries, Retirement and Overtime adjustments necessitated by the MOU's with the employee associations approved by the Council on June 24, 1991; Park & Recreation Fund. BA -004, $111,785 - Increase in Budget Appropriations to provide for Salaries, Retirement: and Overtime adjustments necessitated by the MOU's with the employee ,associations approved by the Council on June 24, 1991; Library Fund. . BA -005, $1,920 - Increase in Budget • Appropriations to provide for Salaries, Retirement: and Overtime adjustments necessitated by the MOU's with the employee associations approved by the Council on June 24, 1991; Tidelands Fund. BA -006, $130,6655 - Increase in Budget Appropriations to provide for Salaries, Retirement- and Overtime adjustments necessitated by the MOU's with the employee associations approved by the Council on June 24, 1991; Vater Fund. BA -007, $44,235 - Increase in Budget Appropriations to provide for Salaries, Retirement and Overtime adjustments necessitated by the MOU's with the employee associations approved by the Council on June 24, 1991; Sever Fund. G. ITEMS RElB)VED FROM THE CONSENT CALENDAR: 1. Report from the Business License Special E. Supervisor recommending denial of Apli 91 -19 Application No. 91 -195, request of (27) Newport Motorsports to conduct a grand prix type car race at Newport Center on October 25, 1992. • Mayor Pro Tem Turner excused himself from the dies on this issue due to a possible conflict of interest. COIAiCIL MEMBERS ROLL • Motion x Ayes x x x x x x Abstained x • Motion All Ayes C Motion All Ayes 0 MINUTES July 8, 1991 Bill Strateman, Applicant, addressed the Council and requested a continuance in order to provide additional information to the staff and Council regarding the proposal. He further stated he would like the opportunity to respond to the interest and areas of concern expressed earlier at the Study Session. Council Member Hart stated that she has reviewed this request very carefully and felt there would be no point in bringing it back to the Council again for her vote, as she is does not feel the event would be appropriate for the City and will not support it. Council Member Plummer stated she was also adamantly opposed to this type of event in Newport Center, particularly for safety reasons, and therefore, she will oppose the request. Council Member Cox commented that he also cannot support this request, and suggested Mr. Strateman "re -think the entire issue," prior to coming before the Council with an item of this nature and magnitude. Motion was made to deny Application No. 91 -195 of Newport Notorsports. Mayor Pro Tam Turner resumed his seat at the dies at this time. 2. Report from the Public Works Department recommending adoption of the proposed MCFADDEN PLAZA AND PIER USE POLICY L -15; and direct City staff to prepare the appropriate ordinances for enforcement authority regarding commercial vehicles on the plaza and pier. The City Clerk advised that after the agenda was printed, a letter was received from Hal E. Griffith, requesting; action on this item be deferred to July 22, 1991, in order to allow him time to review the proposed policy and its impact on the Fisherman's Restaurant: operation. Notion was made to grant the request and defer this matter to July 22, 1991. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 91 -30, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 13.06.020 OF THE NEWPORT BEACH MUNICIPAL CODE TO REQUIRE APPLICATION FEE IN CONNECTION WITH CURB CUTS AND OTHER ALTERATIONS TO PUBLIC STREETS. Recycled report from the Public Works Department, dated June 24, 1991. Notion was made to adopt Ordinance No. 91 -30. Volume 45 - Page 225 Newport Motorsports McFadden Plaza /Pier Use C /Plcy L -15 (69) Ord 91 -30 Curb Cuts/ Alteratns Public Sts (74) 150 61 M* A es Motion Ayes COUNCIL MEMBERS X x CITY OF NEWPORT BEACH July S. 1991 I. CONTINUED BUSINESS: 1. APPOINTMENTS TO THE AD HOC HISTORICAL PRESERVATION COMMITTEE. Notion was made to appoint the following: Grant Howal.d, Representative from Corona del Mar. Mary Wolff, Representative from Balboa Island. J. CURRENT BUSINESS: 1. Report from the Library Board of Trustees concerning CENTRAL LIBRARY DESIGN DEVELOPMENT (CONTRACT NO. 2778). It was noted that the Design Development Plan for the Central Library has been completed, and copies of the plan as well as the site plan, floor plans and elevations, were included with the staff report. The plan was also discussed at the Council's April 22, 1991, Study Session. As provided for in the Land Exchange Agreement, the Design Development Plan has also been submitted to The Irvine Company for review and approval. Motion was made to approve the design development plan for the Central Library as submitted, subject to approval of The Irvine Company. Meeting adjourned at 11:45 p.m. *�arw�r * *xrww * *w The agenda for this meeting was posted on July 3. 1991 at 4:45 p.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. u ATTEST: / _ �. a City Clerk Volume 45 - Page 226 MINUTES Ad Hoc brary (38)