HomeMy WebLinkAbout03/08/1982 - Regular MeetingL
Present x x x x x
Aignt x x
t on x
yes
Mo ion x
All Ayes
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Motion
All Ayes
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CITY OF NEWPORT BEACH
MINUTES
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: March 8, 1982
A. ROLL CALL.
B. Approval of the Minutes of the Meeting of
February 22, 1982, was deferred to March 22, 1982.
C. The reading of all ordinances and resolutions under
consideration was waived, and the City Clerk was
directed to read by titles only.
D. HEARINGS:
1. Mayor Pro Tem Hart opened the continued public
hearing regarding GENERAL PLAN AMENDMENT 81 -1, a
request initiated by the City of Newport Beach, to
amend the Newport Beach General Plan for the
Banning - Newport Ranch Planned Community, and the
acceptance of an Environmental Document. Property
located northerly of West Coast Highway and approx
mately 360 ft. westerly of Superior Avenue in the
West Newport area;
UTMI
AMENDMENT NO. 1 TO THE LOCAL COASTAL PROGRAM, a
request initiated by the City of Newport Beach to
amend the Land Use Plan and the adoption of an
Implementing Ordinance for the Newport Beach Local
Coastal Program;
0
AMENDMENT NO. 561, a request initiated by BEECO,
Ltd., Newport Beach;, and the Newport -Mesa Unified
School District, to establish a Planned Community
Development Plan and Development Standards for the
Banning - Newport Ranch Planned Community;
M
TRAFFIC STUDY, initiated by BEECO, Ltd., Newport
Beach, and the Newport -Mesa Unified School District,
to consider a Traffic Study for the Banning - Newport
Ranch Planned Community.
Report from the Planning Department, was presented.
Letter from Newport Crest Homeowners Association
regarding its intentions to pursue abandonment of
Ticonderoga Street and reestablish it as a private
roadway, was presented.
Continued public hearing to Friday, March 12, 1982.
Volume 36 - Page 80
INDEX
GPA 81 -1
Banning -Npt
Ranch
(45)
Amnd No. 1/
LCP
Amnd 561/
BEECO, Ltd/
Npt -Mesa SD
Tfc Study/
BEECO, Ltd
CITY OF NEWPORT REACH
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ROLL CALLS �:'n A March B- 1982 Iwincv
2. Mayor Pro Tem Hart opened the public hearing regard
P/C Amnd 570
ing PLANNING COMMISSION AMENDMENT NO. 570, a
(94)
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request of The Irvine Company, Newport Beach, to
amend the Harbor View Hills Planned Community
Development Standards relative to garage setbacks
from sidewalks and curbs in Area 11 of said Planned
Community. Area 11 being Harbor Ridge and the
Harbor Hill areas of the Harbor View Hills Planned
Community.
Report from the Planning Department, was presented.
Dave Dmohowski, representing The Irvine Company,
clarified the nature of their request.
Hearing no others wishing to address the Council,
the public hearing was closed.
Motion
x
Adopted Resolution No. 82 -32, amending the Harbor
Res 82 -32
All Ayes
View Hills Planned Community Development standards
relative to garage setbacks in Area 11 (Harbor
Ridge and Harbor Hill), Amendment No. 570.
3. Mayor Pro Tem Hart opened the public hearing and
U/P 1929(A)
City Council review of an appeal by the NEWPORT
(88)
HARBOUR NATIONAL BANK, NEWPORT BEACH, from the
decision of the Planning Commission on January 21,
1982, conditionally approving USE PERMIT NO. 1929
(AMENDED), a request to amend certain Conditions of
Approval which permitted a temporary bank building
and drive -up teller facility in the P -C District so
as to extend the time period of said permit and the
acceptance of an Environmental Document. Property
located at 2344 East Coast Highway on the north-
westerly corner of East Coast Highway and MacArthur
Boulevard in Corona del Mar.
Report from the Planning Department, was presented.
Appeal application from Newport Harbour National
Bank of February 8, 1982, was presented.
It was noted that the Planning Commission had
approved an extension of Use Permit No. 1929
(Amended) for a period of 12 months (until March
31, 1983), providing that the property owner pre-
pares and submits to the City, a development plan
for the ultimate use of the property within 12
months of approval of the application.
Dick Hogan, Planning Consultant representing the
Applicant, 1300 Dove Street, stated that Condition
No. 3,'which requires a resubdivision or an agree-
ment to be supported by surety, was unwarranted and
unnecessary at this time, as the Applicant will be
returning to the City for further approvals prior
to construction of the improvements on Coast High-
way, and that funding could be exacted at the time
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of these approvals.
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Volume :36 - Page 81
CITY OF NEWPORT BEACH
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Mr. Hogan requested that Condition No. 3 either be
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eliminated or amended to read as follows:
"That an application for a resubdivision and
parcel map shall be filed along with the
Development Plan no later than six months
following the approval by the City of an
amendment to the General Plan providing for
the ultimate use of the property."
Tom McHahon, Vice President, Home Federal Savings
and Loan Association, stated that they are the next
item on the agenda to be heard, and are also appeal-
ing Condition No. 3, as their request is the same
as proposed by Newport Harbour National Bank. He
felt both Use Permits should be treated equally and
consideration given to extending the termination
of the use permit beyond March 31, 1983.
Hearing no others wishing to address the Council,
the public hearing was closed.
Motion
x
Accepted the Environmental Document; modified deci-
All Ayes
sion of Planning Commission and extended term of
Use Permit for 18 months (to September 30, 1983),
with City Council review at the end of said 18 -month
period. In addition, deleted Conditions No. 2 and
3.
4.. Mayor Pro Tem Hart opened the public hearing and
U/P 1924(A)
City Council review of an appeal by the HOME
(88)
FEDERAL SAVINGS AND LOAN ASSOCIATION, SAN DIEGO,
from the decision of the Planning Commission on
February 4, 1982, conditionally approving USE
PERMIT NO. 1924(AMENDED), a request to amend cer-
tain Conditions of Approval of a use permit which
allowed the temporary use of a modular building for
a savings and loan facility to extend the time
period of said permit, and the acceptance of an
Environmental Document. Property located at 2340
East Coast Highway, on the northerly side of East
Coast Highway westerly of MacArthur Boulevard in
Corona del Mar.
Report from the Planning Department, was presented.
Appeal application with attachments from Home
Federal Savings & Loan Association of February 18,
1982, was presented.
.
Tom McHahon, Vice President, Home Federal Savings
and Loan Association, reiterated his remarks made
at the hearing on Use Permit No. 1929(Amended).
Hearing no others wishing to address the Council,
the public hearing was closed.
Volume 36 - Page 82
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CITY OF NEWPORT REACH
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R[ll I CGI I �n 9 March 8, 1982 I MnFY
Motion
x
Accepted the Environmental Document; modified
A1ll yes
decision of Planning Commission and extended term
of Use Permit for 18 months (to September 30,
1983), with City Council review at the end of said
18 -month period. In addition, deleted Conditions
0
No. 2 and 3.
5. Mayor Pro, Tem Hart opened the public hearing and
U/P 2003(R)
City Council review of an appeal by STEPHEN C.
(88)
FORDE, SAN MARINO, from the approval of the Plan-
ning Commission on January 21, 1982, of USE PERMIT
NO. 2003(REVISED), a request to establish a restau-
rant facility with on -sale alcoholic beverages and
live entertainment in a portion of the Pacific
Marina Building on Mariners Mile. The proposal
also includes a modification to the Zoning Code so
as to allow the use of compact car spaces for a
portion of the required parking. Valet parking is
also proposed in conjunction with the proposed
development. Property located at 2751 West Coast
Highway on the southerly side of West Coast Highway
at the southerly terminus of Riverside Avenue;
zoned SP -5.
Report from the Planning Department, was presented.
Appeal application from Stephen C. Fords of Febru-
ary 10, 1982.
The City Clerk advised that after the printing of
-
the agenda, a letter was received from Stephen
Fords, Appellant, stating that an injunction had
been issued on March 3, prohibiting Messrs. Clark
and Carter from executing any leases for the pro-
posed restaurant or committing any other acts in
furtherance of the restaurant proposal.
In view of the foregoing, Mr. Forde requested his
appeal be taken off c=alendar and continued until
such time as Messrs. Clark and Carter are free to
pursue the restaurant proposal. Mr. Fords also
advised that in view of court action, he would not
be in attendance at the public hearing.
The Director of Planning reviewed the Parking
Proposal Chart, as set forth on page 37 of the
staff report, and answered questions presented by
Council.
William Clark, Applicant, 111 -42nd Street, ad-
dressed the Council in support of the appeal. He
stated he did not have anything new to add, and
commended the staff on their thorough report.
Robert Hopper, Consultant representing the Appel-
lant, Stephen C. Fords, 513 Poppy Avenue, stated
that it was his understanding from Mr. Fords's
attorneys this item would be continued. If this is
correct, he would suggest it be sometime after
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April 5.
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PnI i rA1 n� A March 8_ 1982 IPIf1rX
Mr. Hopper stated that Mr. Gordon Barienbrock,
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adjacent property owner, has been apprised of Mr.
Forde's position, and it is the opinion of Mr.
Forde that if Mr. Barienbrock has a problem, he
should pursue it through the legal system and not
through a Council hearing.
Gordon Barienbrock, 3000 W. Ocean Front, owner of
property adjacent to proposed use, stated that he
felt Mr. Forde should not use the City Council as a
legal body to pass judgment as to whether this
project is "right or wrong."
Motion
x
Hearing no others wishing to address the Council,
All Ayes
the public hearing was closed.
Motion
x
Sustained decision of Planning Commission, with the
Ayes
x
x
x
x
findings and conditions of approval designated as
Noes
x
Exhibit "A" of the staff report.
6. Mayor Pro Tem Hart opened the public hearing and
Resub 707
City Council review of a decision of the Planning
(84)
Commission on February 18, 1982, approving.RESUB-
DIVISION NO. 707, a request of JEFFREY A. HARTMAN
ENTERPRISES, NEWPORT BEACH, to create four parcels
of land for single - family residential purposes
where a portion of one lot presently exists, and
the acceptance of an Environmental Document. Prop-
erty located at 2961 Cliff Drive, constituting the
entire easterly side.of Santa Ana Avenue between
Cliff Drive and an unimproved portion of Avon
Street in Newport Heights; zoned R -1.
Report from the Planning Department, was presented.
Letter with map attached, from Mr. and Mrs. Hesse,
urging denial of Resubdivision No. 707, was pre-
sented.
The City Clerk advised that after the printing of
the agenda, a letter was received from Maurice F.
McDonnel, in opposition to the request for a lot
split.
Mayor Pro Tem Hart asked staff if there was a possi-
bility of doing a further study regarding the
extension of Avon Street.
The Director of Public Works stated that the techni-
cal feasibility of the extension of Avon Street has
been investigated in some detail by the Applicant's
engineer, jointly with the City staff. It does
appear that with some modest realignment, some
retaining wall construction, and a great deal of
slope construction, that the extension could be
constructed. With respect to the desirability of
the extension, as indicated, it would improve both
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circulation in the immediate area and access to
some of the parcels that face on Pacific Coast
Highway.
Volume 36 - Page 84
CITY OF NEWPORT BEACH
C UN ME MB RS MINUTES
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It was pointed out by the Director of Public Works,
Resub 707
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that this matter was considered at the time the
Mariners Mile Specific Area Plan was studied and
adopted, and at that. time, it was concluded that
the improvement and circulation associated with the
improvement and extension of Avon Street would be
desirable. Therefore, the Specific Area Plan con-
templated that Avon Street would be extended.
Jeffrey Hartman, Applicant, 200 Newport Center
Drive, stated it is their position that if the
Council desires to have Avon Street extended, it
shall be done. However, he does not feel the road
is entirely necessary in conjunction with the
development of his property. With respect to
density, they have dedicated over 4,000 square feet
pursuant to the proposed plan. If Avon Street is
not extended, access, to their project would be off
of Santa Ana Avenue and a request would be made for
three curb cuts.
Hugh Hesse, 231 Santa Ana Avenue, stated that he
felt further study should be done on this project,
particularly with regard to the connection of Avon
and Santa Ana Streets. He recommended the Council
deny the request for the reasons as set forth in
his letter to Council.
Siad Shokrian, 2720 Pebble Street., spoke in support
of extending Avon Street indicating he felt it
would help traffic circulation.
Cliff Williamson, 233 Santa Ana Avenue, resident
across from proposed. building site, expressed con -
cern with respect to the condition of the soil. He
also stated he was opposed to three additional curb
cuts on Santa Ana Avenue because of existing traffic
and parking problems.
Mr. Williamson stated, inasmuch as his home is
directly across from the deepest portion of the
subject property, any excavation of that land could
cause danger to his property. He emphasized that
he felt his property was in danger if the soil on
the subject property was changed in any way, and he
would probably sue the City if this were to occur.
Steve Dobby, 330 Santa Ana Avenue, resident of
Newport Heights for eight years, stated he felt the
entire issue needed further study. He also felt
Santa Ana Avenue was totally inadequate for any
additional traffic and was opposed to the proposed
three curb cuts.
George Larrick, 3000 Cliff Drive, expressed his
concerns regarding the slippage of soil on the
hillside. He also commented on the parking problem
on Santa Ana Avenue, and recommended this item be
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studied further.
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Volume 36 - Page 85
CITY OF NEWPORT BEACH
C UNCIL ME B RS MINUTES
R ()LL CALL �n March 8, 1982 iruncv
Pete Rodgers, 3001 Cliff Drive, stated he felt
Resub 707
Santa Ana Avenue was similar to an "obstacle
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course" and was concerned as to the impact of the
curb cuts if permitted.
F.lke Moller, 2928 Cliff Drive, stated she felt
extending Avon Avenue would be detrimental to the
area.
Jeffrey Hartman, Applicant, stated that as an alter-
native to the three curb cuts, Avon Street could be
brought up to the point of the cliff and stopped
there, and he could ;put garages on the lower por-
tions of the property.
Hearing no others wishing to address the Council,
the public hearing was closed.
Motion
x
Overruled decision of Planning Commission and
Ayes
x
x
x
x
denied Resubdivision No. 707, with the findings
Noes
x
designated as Exhibit "C" of the staff report.
Council Member Maurer stated it was his intent in
making the motion that the proposed extension of
Avon Street would not be abandoned and would remain
in the specific area plan.
E. PUBLIC COMMENTS:
1. James "Buzz" Person, 607 W. Bay, President of the
Bal /Blvd
Balboa Improvement Association, addressed the
Tfc
Council regarding the traffic problem on Balboa
Boulevard. He stated that on two occasions in the
past two months the traffic has been backed up from
Via Lido to the wedge. He relayed an incident to
the Council, wherein he had taken his son to Hoag
Hospital on a Sunday afternoon. A police officer
was on duty in the area, but failed to help direct
traffic which was extremely heavy.
Mr. Person also stated he was opposed to placing a
traffic signal at 15th Street and Balboa Boulevard,
as he felt it would be of no benefit.
2. Dick Hogan, Planning Consultant, 1300 Dove Street,
U/P 2019 &
addressed the Council regarding Resubdivision No.
Resub 696
696 and Use Permit No. 2019, concerning construc-
(88)
tion of time -share condominiums at 336 Via Lido.
Mr. Hogan stated that the item was considered by
the Council on January 11, 1982 and tabled until
such time as the City has enacted a time - sharing
ordinance with guidelines. He stated that inasmuch
as a resubdivision was involved, the City should
respond within a reasonable time, and inquired as
to when it would be reconsidered.
Following discussion, it was indicated this item
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would be considered under "Additional Business"
later in the meeting.
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Volume :36 - Page 86
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3. Steven Brand, 1633 E. Balboa Boulevard, addressed
Special Sls/
the Council regarding the City's ordinance which
Portable
•
prohibits selling food from portable food stands.
Food Stands
He stated he would like to operate an "ice cream"
(27)
bicycle, and that his product would not infringe
on local businesses selling other ice cream items.
He stated that the subject ordinance was passed in
1970.
The City Manager pointed out that even though the
ordinance was enacted in 1970, it has been reviewed
by the Council approximately every two years when
other similar proposals have been submitted. Fol-
lowing consideration by the Council, it has been
their decision to not amend the ordinance.
4. Louise Greeley, Chairman, West Newport Legislative
West Npt
Alliance, 16 Swift Court, read a prepared state-
Bch /Area Pln
ment regarding the Planning Commission's considera-
(68)
tion of Specific Area Plan studies. She stated
that the West Newport Legislative Alliance recog-
nizes that all of Newport Beach was scheduled for
the development of area plans in 1972 -73, and that
these, for the most part, were not completed.
Therefore, they urge the studies be completed and a
priority be placed on the study for West Newport.
At a minimum, they request the study include the
following:
"1) An evaluation of the appropriateness of
two or more times buildable considering
traffic, roadway limitations, housing
shortages and residential quality.
"2) Appoint a citizens task force to evaluate
staff data and make recommendations.
"3) An evaluation of specific standards such
as the scope of the traffic phasing
ordinance to discern whether it should
also address residential streets, and the
possible inclusion of parking garages in
total buildable space allowed.
-
"4) And most important, a moratorium on pro-
ject approvals and the issuance of
building and grading permits for those
projects exceeding 10 residential units
or 10,000 sq.ft. of commercial /industrial
space until the plan is complete and
implementable."
F. CONSENT CALENDAR:
Motion
x
The following actions were taken as indicated except
All Ayes
for those items removed.
1. ORDINANCES FOR INTRODUCTION: - For introduction and
•
pass to second reading on March 22, 1982:
Volume 36 - Page 87
CITY OF NEWPORT REACH
C UNCIL ME 8 RS (MINUTES
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(a) Ordinance No. 82 -5, being,
Ord 82 -5
•
AN ORDINANCE OF THE CITY COUNCIL OF THE
Hazel Dr/
Poppy Ave
CITY OF NEWPORT BEACH AMENDING SECTION
12.52.040 OF THE NEWPORT BEACH MUNICIPAL
One -Wy
(85)
CODE TO ADD A ONE -WAY DESIGNATION FOR
HAZEL DRIVE BETWEEN POPPY AVENUE TO
THE ALLEY NORTH OF EAST COAST HIGHWAY
SOUTHBOUND. (A report from the Traffic
Affairs Committee)
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 82 -33 awarding a Contract to
Sta Ana Mud
James E. Lenihan Company for $15,750 and
Jacking/
authorizing the Mayor and City Clerk to
Res 82 -33
execute same in connection with Santa Ana
C -2315
Avenue Mud Jacking (C- 2315). (Report from
(38)
Public Works Department)
(b) Resolution No. 82 -34 awarding a Contract to
Mariners Mi
Fleming Engineering Inc., for $197,716.25 and
Pkg Lot/
authorizing the Mayor and City Clerk to
Res 82 -34
execute same in connection with Mariners Mile
C -2260
Parking Lot and Access Road (C- 2260). (Report
(38)
from Public Works Department)
(c) Resolution No. 82 -35 approving a Subdivision
U/P 1933
Agreement guaranteeing completion of public
Res 82 -35
improvements in the public right -of -way and
(88)
authorizing the. Mayor and City Clerk to
execute same in connection with Use Permit No.
1933 (Chevron USA, Inc., La Habra). (Report
from Public Works Department)
(d) Removed from the Consent Calendar.
(e) Resolution No. 82 -36 establishing a Revised
Bal Pier Pkg
Schedule of Rates for the Balboa Pier Parking
Lot /Fees
Lot effective April 1, 1982 and rescinding
Res 82 -36
Resolution No. 9813. (Report from the Off-
(63')
Street Parking Committee)
(f) Resolution No. 82 -37 supporting the claim of
Public Empl
the City of Anaheim for State - Mandated Costs
Retirement
associated with Chapter 1244, Statutes of
Res 82 -37
1980. (Report from the Personnel Director)
(66)
(g) Resolution No. 82 -38 establishing the duties
Npt Beautfctn
and responsibilities of the Newport Beauti-
Advisory Cmte
fication Advisory Committee, and rescinding
Res 82 -38
Resolution No. 9504. (Report from the Litter
(24)
Committee)
(h) Resolution No. 132 -39 authorizing the Mayor and
Bal Pier
City Clerk to execute a Concessionaire Agree-
Concsn/
ment between the City and Douglas.Cavanaugh
Res 82 -39
for the maintenance and operation of the
C -2326
Balboa Pier. (Report from the City Manager -
(38)
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see BA -086)
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CITY OF NEWPORT REACH
C kVk.h\oO ME 13 MINUTES
Rnl I CAI March 8. 1982 IIUnFX
3. COMMUNICATIONS - For, referral as indicated:
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(a) To the Planning Department for inclusion in
Lido Vlg/
the records, communication from The Young
Magic Is
Associates, Inc.. regarding parking in Lido
Parking
Village and Magic Island.
(63)
(b) To Traffic Affairs Committee for inclusion in
WBay /19 St
the records and. reply, petition bearing 14
Prkg Perm
signatures of residents in the vicinity of
(63)
West Bay and 19th Street, regarding reinstate-
ment of the transferable parking sticker.
(c) To Pending Legislation and Procedural Ethics
Resolutions/
Committee, Resolution No. 5637 of the City of
Othr Cities
Orange urging support for the efforts of the
(77)
Cities of Anaheim, Buena Park and other Orange
County Cities and organizations to bring the
Super Bowl XX to Anaheim Stadium.
(d) To the Pending Legislation and Procedural
Resolutions/
Ethics Committee, letter from Sierra Foothills
Othr Cities
Community Assistance Project, Inc., Grass
(77)
Valley, California, urging support for a
resolution condeming the recent rate hikes by
the Public Utilities Commission.
4. COMMUNICATIONS - For referral to the City Clerk for
inclusion in the records:
(a) Local Agency Formation Commission Minutes of
February 10, and Preliminary Agenda for March
10, 1982.
(b) Orange County Division, League of California
Cities, Minutes of February 11, and Tentative
Agenda for March 11, 1982.
(c) Application of Southern California Edison
Company (No. 82- 02 -40) before the Public
Utilities Commission, for authority to estab-
lish a Major Additions Adjustment Clause to
implement a Major Additions Adjustment Billing
Factor; Annual Major Additions Rate.
(d) Letter from Diana D. Springer regarding com-
plaint against Teleprompter, with response
from staff.
(e) Removed from the Consent Calendar.
5. CLAIMS FOR DAMAGES - For denial and confirmation
(36)
of the City Clerks referral to the claims adjuster
(a) Jeffrey T. Roach for reimbursement of wallet
Roach
contents, allegedly left behind by arresting
officer, on February 19, 1982 at the Corona
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del Mar State Beach.
Volume 36 - Page 89
CITY OF NEWPORT BEACH
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(b) Cathy Lovin fox property damage to her vehicle
Lovin
allegedly sustained as a result of tree limb
•
falling and making dent in top right side,
while parked at. 713 Poppy Avenue on February
18, 1982.
6. SUMMONS AND COMPLAINTS - For confirmation of the
(36)
City Clerk's referral to claims adjuster:
(a) Versailles Homeowners Association for Declara-
Versailles
tory Relief, Money Damages, Fraud, Negligent
H/O Asn
Misrepresentation and Suppression of Fact,
Orange County Superior Court, Case No. 372326.
Late Claim was filed on December 31, 1981 and
rejected as not timely filed on January 11,
1982. Application for Leave to Present a Late
Claim was filed on January 25, 1982 and denied
by City Council on February 8, 1982.
(b) Summons and Complaint of John Patrick Galvin
Galvin
for Compensatory and Punitive Damages for
False Imprisonment- Arrest by Peace Officer,
Orange County Municipal Court, Case No. 51264.
Claim was filed with the City on July 21, 1981
and denied by City Council on August 24, 1981.
(c) Summons and Complaint of Scott Duane Mallory
Mallory
for Compensatory and Punitive Damages for
False Imprisonment- Arrest by Peace Officer,
Orange County Municipal Court, Case No. 51263.
Claim was filed with the City on July 21, 1981
and denied by the City Council on August 24,
1981.
7. REQUEST TO FILL PERSONNEL VACANCIES: None.
8. STAFF AND COMMISSION REPORTS:
For Council information:
(a) Report from the Marine Department regarding
Dovr Shrs/
REQUEST FROM DOVER SHORES COMMUNITY ASSOCIA-
Mntnc Drdg
TION FOR INCLUSION IN THE CITY'S "BLANKET
(51)
MAINTENANCE DREDGING PERMIT."
(b) Report from Public Works Department regarding
Tfc Sgnls
TRAFFIC SIGNAL CONSTRUCTION LEAD TIME.
(85)
(c) Report from the Assistant to the City Manager
Telprmpt Cmpl
regarding the RESOLUTION OF CAMEO COMMUNITY
(42)
ASSOCIATION COMPLAINT CONCERNING TELEPROMPTER
SERVICE.
For Council information and approval:
(d) Removed from the Consent Calendar.
9. PUBLIC HEARING SCHEDULING: None.
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March 8, 1982
10. ACCEPTANCE OF IMPROVEMENTS IN TRACT NO. 9740 - A
portion of Lot 10, Tract No. 7953, located on the
easterly side of Von Karman Avenue between Campus
Drive and Birch Street in Koll Center Newport
(Phase I of Tentative Tract 9626); authorize the
City Clerk to release the Faithful Performance
Bond (Bond No. 2621020); and the Labor and Materi-
al Bond in six months, provided no claims have
been filed. (Report. from Public Works Department)
11. ACCEPTANCE OF IMPROVEMENTS IN TRACT NO. 9626 - A
portion of Lot 10, Tract No. 7953, located on the
northwesterly side of Teller Avenue between Birch
Street and Campus Drive in Koll Center Newport
(Phase II of Tentative Tract No. 9626); authorize
the City Clerk to release the Faithful Performance
Bond (Bond No. 2614226); and release the Labor and
Material Bond in six months, provided no claims
have been filed. (Report from the Public Works
Department)
12. ENCROACHMENT PERMIT REQUEST FROM ANITA BATES - For
fencing and landscaping of City property at the
northeasterly corner of 35th Street and Balboa
Boulevard. Approve the permit subject to the
conditions in the staff report. (Report from
Public Works Department)
13. CORPORATION YARD IMPROVEMENTS (Contract 2236) -
Approve a change in the bid opening date from
March 10, to March 31, 1982. (Report from Public
Works Department)
14. MAINTENANCE DREDGING APPLICATIONS - Approve the
following applications in conjunction with condi-
tions of approval listed in the General Permit
issued to the City by the Army Corps of Engineers:
(Report from Marine Department)
137 -101 Far West Services 151 E. Coast Highway
225 -800 Paul Kennedy, Jr. 800 S. Bay Front
636 -611 Daniel Lee 600 -36th Street
15. APPLICATION BY DUNCAN MCINTOSH - To temporarily
revise a section of the commercial docks at Lido
Village to accommodate an "In -The -Water Boat
Show," Harbor Permit 11124 -3400. Approve the
application subject to the conditions listed in
the staff report. (Report from the Marine Depart-
ment)
16. APPLICATION BY GORDON BARIENBROCK - To revise the
docks at 2827 West Coast Highway, Harbor Permit.
11129 -2827. Approve the application subject to the.
conditions listed in the staff report. (Report
from the Marine Department)
Volume 36 - Page 91
Tr 9740
Impvms
Tr 9626
Impvms
Bates /Encrch
Permit
(65)
Corp Yd /Impv
C -2236
(38)
Maint Drdg
Apl
(51)
Harbor Perm
11124 -3400
(51)
Harbor Perm
11129 -2827
(51)
COUNCIL
i
Motion
All Ayes
•
•
� � 111 11111p 111 11 11 Iillf A1,1911 1 01- ..
MINUTES
March 8, 1982
17. BUDGET AMENDMENTS - For approval:
BA -084, $7,500.00 increase in Budget Appropriations
for rental of a sewer cleaner while present unit
is out of service for repairs; Sewers Fund.
BA -085, $5,000.00 increase in Budget Appropriatia
for purchase of.solo motorcycle replacing vehicle
that was damaged extensively; Police - Traffic
Fund.
BA -086, $25,000.00 increase in Budget Appropria-
tions for City contribution to assist Balboa Pier
Concessionaire in putting the City facility into
operation; Field Maintenance Fund. (See report
with Agenda Item F -2(h))
BA -087, $1,000.00 increase in Budget Appropria-
tions for replacement of tape recorder used for
Planning Commission meetings; Planning Fund.
BA -088, $1,200.00 increase in Budget Appropria-
tions for the purchase of revised parking lot
tickets for Balboa and Corona del Mar to reflect
the new rate; Marine: Fund.
BA -089, $1,000.00 increase in Budget Appropria-
tions for Special Trash Collection for Balboa
Island; General Services - Refuse Fund. (See report
with Agenda Item F -8(d)
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Letter from The Irvine Company regarding residen-
tial leasehold issue, was presented.
Council Member Hummel stated he thought the sub-
ject letter was "an affront, a deliberate avoid-
ance of the issue on the part of The Irvine Company
to recognize The Committee of 4000, and a ridicu-
lous response."
Letter referred to City Clerk for inclusion in the
records.
2. Proposed resolution approving an Encroachment
Agreement and Declaration of Covenants for non-
standard improvement's in the public right -of -way
with Richard Lee Lawrence, and authorizing the
Mayor and City Clerk to execute same in connection
with Use Permit No. 1717(Amended), (McFadden
Place, Ocean Front and the adjacent alley) was
presented with a report from the Public Works
Department.
Council Member Plummer stated that the City Counci,
placed time constraints on the subject Applicant
Richard Lawrence in order that the project be
completed in a timely manner. In approving the
subject documents, she inquired as to whether the
improvements connected therewith would be complete
to coincide with the completion of the previously
approved improvements.
Volume 36 - Page 92
(25y,
Ping /Irvine
Leasehlds
(68)
U/P 1717(A)
Enchr Agm
(88)
CITY OF NEWPORT BEACH
C I ME 8 RS MINUTES
N\1 tp G RAI I ,n O March 8_ 1982 INnFY
The Director of Public Works stated that the
agreement in question only deals with the obli-
•
gation to maintain nonstandard street improvements
.
(sidewalk, street :Lights, planters, etc.), and
that the agreement does not contain a time require
ment, per se.
It was noted by staff that the deadline for comple-
tion of the first floor improvements is June 1,
with September 1 as the deadline for completion
of the upper floor interior.
The Director of Public Works indicated he would
like to review the potential time schedule with
the Applicant concerning the subject improvements.
Motion
x
Deferred proposed resolution to March 22, 1982,
All Ayes
for further information from the Department of
Public Works.
3. Report from General Services Department concerning
Bal Is Spcl
BALBOA ISLAND SPECIAL TRASH PICKUP, was presented.
Trash P/U
(44)
Council Member Maurer stated that his wife was
Secretary to the Balboa Island Improvement Associa-
tion, and therefore, he will abstain from voting on
this item because of the conflict of interest.
Motion
x
Approved the Balboa Island Special Trash Pickup.
Ayes
x
x
x
sin
x
H. ORDINANCES FOR ADOPTION: None.
I. CONTINUED BUSINESS:
1. Appointments to the:Newoort Beautification Citizens'NB
/CAC
Advisory Committee for a one -year term ending
(24)
December 31, 1982:
Motion
x
(District 2) Council Member Plummer's remaining
All Ayes
appointment deferred to March 22, 1982.
Motion
x
(District 7) Council Member Cox's remaining
All Ayes
appointment deferred to March 22, 1982.
2. Report from the City Attorney regarding FUNDING
Arts Comsn
FOR ARTS COMMISSION, was presented.
Funding
C -2253
The City Manager stated that this report was being
(38)
submitted pursuant to Council request and calls
attention to the fact that the Friends of the Arts
Commission have met and voted to terminate as
Friends of the Commission and return the funds to
the donors. In conclusion, the City Attorney's
office has found a number of ways that fund raisin
could occur and has attached to the report an
Amended Council Policy F -18.
•
The City Manager stated that inasmuch as the staff
has not developed any binding rules and regulation
•
relating to the policy, he would recommend that
Volume 36 - Page 93
CITY OF NEWPORT REACH
C UNCIL ME B RS MINUTES
ROLL CALLS s� 9 March 8, 1982 INDEX
the Council accept the City Attorney's report and
place Council Policy F -18 (Amended) on the
•
March 22 agenda for action.
_
Madeline Rose, Chari.man, Arts Commission, stated
that the Arts Commission addressed the Council in
September with respect to its problem with the
Friends of the Arts Commission, the organization
whose intent was to raise funds for the Commis-
sion. The Arts Festival will be in six weeks and
the Arts Commission has not been able to go to
the community for art awards for the festival.
Funds raised last year by the Friends for the Com-
mission, in the Commission's name, have never been
turned over to them. The Commission has no funds
for awards for the upcoming Arts Festival.
In view of the foregoing, Mrs. Rose requested that
the Council act on Council Policy F -18 at this
time, with the proviso that the staff and City
Attorney's office monitor their solicitation
until formal guidelines can be developed and
approved by Council.
Motion
x
Following discussion, Council Policy F -18 (Amended)
All Ayes
deferred to March 22, 1982, and City Attorney
and Finance Director to work with Arts Commission
regarding the soliciting of funds for this year's
Arts Festival on a "one- time" basis. In addition,
staff authorized to give interim guidelines for
this event as deemed necessary.
3. Report from City Manager regarding "SPOT BILL" FOR
CALTRANS
ACQUISITION OF CALTRANS WEST PARCEL, was presented.
WEST /Acq
(62)
Due to the complexities involved, the City Manager
suggested the Spot Bill not be utilized, and that
efforts be directed as to whether the City Manager
should be authorized to determine the acquisition
cost of the parcel, and whether the item should
be referred to Parks, Beaches and Recreation Com-
mission for their recommendation.
The City Manager stated that the Mayor did receive
a telephone call from Assemblywoman Marian Berge -
son's office on Friday, advising that they have
a preliminary opinion from some State attorneys
that there may be problems in acquiring this
property in the name of the Department of Fish and
Game, knowing the Department will be exchanging
it with the City.
Louise Greeley, Chairperson, West Newport Legisla-
tive Alliance, stated that they would like to go
on record as supporting acquisition of CALTRANS
WEST. She also stated that it has long been the
hope of many West Newport Beach residents that the
current zoning on CAITRANS WEST of Recreation and
.
Open Space remain permanent.
Volume 36 - Page 94
CITY OF NEWPORT REACH
C UNCIL MknO MINUTES
RAI I rAi March 8_ 1982 . INnCY
Motion
x
Referred item to Parks, Beaches and Recreation
Al yes
Commission for recommendation as to whether
CALTRANS WEST should be acquired by City. In
addition, City Manager authorized to obtain
appraisal of subject property.
J. CURRENT BUSINESS:
1. Report from the City Manager concerning POSITION
OCS /Oil Drlg
PAPER OF OUTER CONTINENTAL SHELF OIL DRILLING,
(87)
was presented.
Motion
x
Adopted Position Paper, as submitted.
Ayes
x
x
x
x
Abstain
x
K. ADDITIONAL BUSINESS:
Motion
x
1. Moved from the table, Resubdivision No. 696 and
U/P 2019 &
Ayes
x
x
x
x
Use Permit No. 2019, regarding construction of
Resub 696
Noes
x
time- sharing condominiums at 3336 Via Lido.
(88)
Motion
x
Scheduled public hearing on the foregoing for
. All Ayes
7:30 p.m., April 12, 1982.
Meeting adjourned at 10:50 p.m., to 6:00 p.m., Friday,
March 12, 1982.
Mayor Pro m
ATTEST:
-City Clerk
Volume 36 - Page 95