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HomeMy WebLinkAbout03/22/1982 - Regular MeetingC UNCIL ME B RS G ROI I CCI I n� CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: March 22, 1982 MINUTES rm.IlTj Present x x x x x A. ROLL CALL. A t x x M n x B. The reading of the Minutes of the Meetings of A es February 22 (amended), and March 8, 1982, was waived, approved as written, and ordered filed. Motion x C. The reading of all ordinances and resolutions under All Ayes consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Pro Tem Hart opened the public hearing and U/P 2046 City Council review of USE PERMIT NO. 2046 AND & Tfc Stdy TRAFFIC STUDY, a request of the Heritage Bank, (88) Costa Mesa; conditionally approved by the Planning Commission on February 4, 1982, which would permit the construction in the Unclassified District of a permanent branch facility which exceeds the basic height limit in the 32/50 Foot Height Limitation District. The proposal also includes the use of drive -up teller facilities and roof parking; and modification to the Toning Code to allow the use of compact car spaces for a portion of the required off - street parking; the acceptance of an Environ- mental Document; and consideration of a Traffic Study for the project. Project located at 1522 Placentia Avenue, bounded by Placentia Avenue, Superior Avenue and Fifteenth Street in the West Newport Triangle area. Report from the Planning Department, was presented. Jim Van Tuyle, Architect for the project, stated that they agree with all the findings and condi- tions of the Planning Commission, including the .56 buildable area. He stated that if they consider a medical facility in the future, they would resubmit a traffic study. Louise Greeley, 16 Swift Court, West Newport Legis- lative Alliance, suggested this project be deferred until the Specific Area Plan for Hoag Hospital/ County Triangle Area is completed. Hearing no others wishing to address the Council, the public hearing was closed. The Planning Director pointed out that the subject area was not being recommended for inclusion in a Specific Area Plan at this.time. For the purposes of carrying out a study for the residents of New- port Crest, and the apartment residents surrounding Hoag Hospital, a "study area" has been designated and given to the Planning Commission, along with other study areas that have been previously desig- nated as a Specific Axes Plan on the City's General Plan. They anticipate that in doing these various "intensity of use" studies, it will take the Plan- ning Department several months to accomplish these Volume 36 - Page 103 CITY OF NEWPORT BEACH MINUTES March 22, 1982 studies. The Planning Commission has requested that, as soon as the staff has the information available for this particular area, it be brought before them for consideration. He estimates it will be approximately two months before that can occur. Motion x In view of the foregoing comments, motion was made to defer action on the subject use permit until June 28, when a recommendation will be forthcoming from the Planning Commission. Motion x Motion was made to reopen the public hearing to allow the architect representing the Applicant to respond. Jim Van Tuyle, Architect, stated that deferring the subject project would create a hardship on the Applicant. He stated that some of the drawings and studies have already been completed and that they are ready to proceed. He urged, from an "economic" standpoint, to not postpone the item. The public hearing was closed. Motion x Following comments, motion was made to withdraw the Ayes x x motion on the floor, and to deny Use Permit No. Noes x x x 2046 with the findings for denial designated as Exhibit "B," which motion FAILED. Mo on x In view of the foregoing, motion was made to sus - A x x x tain the decision of the Planning Commission and N x x accept the Environmental Document. Included in the subject motion, as suggested by Council Member Strauss, was an amendment to the Disclosure Statement for John Wayne Airport (Item c), changing the word "may" to "will." E. PUBLIC COMMENTS: 1. Dick Clucas, 4403 Seashore Drive, indicated he was dissatisfied with some of the remarks made by various Council Members relative to General Plan Amendment No. 80 -3. He stated that he felt the. citizens should have been given the right to vote on the referendum issue for Newport Center, and he would hope that they will now be allowed to voice their opinion on the Banning issue. 2. Dr. Moktar Salama, 15 Gretel Court, submitted a prepared statement written by Mike Johnson, Chair- man of the Referendum Committee, regarding General Plan Amendment No. 81 -1. The Referendum Committee urged that the City use the referendum interim period as an opportunity to implement the Specific Area Study of West Newport recognizing the BEECO property as the "turning point to its future value to the community." Volume 36 •- Page 104 . G/P 80 -3 G/P 81 -1 L Min A yes • r CITY OF NEWPORT BEACH MINUTES March 22, 1982 F. CONSENT CALENDAR: The following actions were taken as indicated except for those items removed. 1. ORDINANCES FOR INTRODUCTION: - For introduction and pass to second reading on April 12, 1982: (a) Ordinance No. 82 -6, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 1.25.030 OF' THE NEWPORT BEACH MUNICIPAL CODE BY DELETING SUBSECTION (B) REGARDING THE LIMITATION ON CONTRIBUTION BY PERSONS SUPPORTING OR OPPOSING BALLOT PROPOSI- TIONS. (A report from the City Attorney) 2. RESOLUTIONS FOR ADOPTION: (a) Removed from the Consent Calendar. (b) Resolution No. 82 -43 opposing the Application by Southern California Edison Company to the Public Utilities Commission for a General Rate Increase. (c) Resolution No. 82 -44 authorizing and directing installation of a stop sign on Orchid Street at Third Street, in Corona del liar and direct- ing the Traffic Engineer to erect and maintain all necessary signs therefor. (Report from Traffic Affairs Committee) (d) Resolution No. 82 -45 establishing the south side of Via Oporto Street from Central Avenue east as a "No Parking /Tow Away Zone" and directing the Traffic Engineer to erect and maintain all necessary signs therefor. (Re- port from Traffic Affairs Committee) (e) Resolution No. 82 -46 summarily vacating unused public utility and ingress and egress ease- ments on Harbor Point Drive at intersection with San Miguel Drive Tract No. 10625 (DWG' #R /W 5454 -L). (Report from Public Works) (f) Resolution No. 82 -47 amending Resolution No. 8936 prohibiting; parking on Balboa Boulevard between 15th and 21st Streets on designated days by adding Memorial Day thereto. (Report from Traffic Affairs Committee) 3. CONTRACTS /AGREEMENTS FOR APPROVAL: (a) Amended Professional Services Agreement with Phillips Brandt Reddick for Environmental Documentation for Jamboree Road widening and noise wall construction adjacent to Eastbluff; authorize Mayor and City Clerk to execute Agreement. (Report from Public Works) Volume 36 - Page 105 [W. 1(39 So CA Ed Co/ PUC Incr Res 82 -43 (28) Signs /Signls (85)Res 82 -44 Parking /Off- Street Res 82 -45 (63) Vac /easmt Res 82 -46 (90) Parking /Off- Street Res 82 -47 (63) Jamboree Rd Widng /Noise Wall - Eastblf C -2293 (38) CITY OF NEWPORT BEACH C UNCIL ME 8 RS MINUTES 'A -o 9 oni i rni i tl�� O March 22. 1982 INI3Fk' Volume 36 - Page 106 (b) License Agreement for Encroachment into public LicAgm /Encrch right -of -way northerly side of Pacific Coast PCH /Jamboree Highway westerly of Jamboree Road, between C -2328 Shell Oil Company and the City of Newport (38) Beach; authorize the Mayor and City Clerk to execute Agreement. (Report from Public Works) (c) Award Contract No. 2266 to J. T. Garza Con- Sdwlk /PCH struction Inc., for $12,460 for sidewalk CdM replacement along Pacific Coast Highway in C -2266 Corona del Mar; authorize the Mayor and City (38) Clerk to execute Contract. (Report from Public Works) (d) Award Contract No. 2200 for 1981 -82 sewer main 1981 -82 Swr replacement program, to George Dakovich and Mn Prg/ Son, Inc., for $149,789; authorize the Mayor C -2200 and City Clerk to execute Contract. (Report (38) from Public Works) (e) Accept Right-Of.-Way Agreement with Mrs. Oser Oser R -O-W (Mariners Mile Parking Lot). (Memorandum from Agm /Mariners City Attorney) MiPkgLot C -2329 (38) 4. COMMUNICATIONS - For referral as indicated: (a) To Pending Legislation & Procedural Ethics Legisltn /Air Committee, South Coast Air Quality Management Pltn Fnds District letter urging resolution from the (48) City in support of reallocation of air pollu- tion funds. (b) To Traffic Affairs Committee for reply, Trfc Mkgs reauest from Mrs. Maria G. Goen for "bumps" to BalMncplBch slow down vehicle traffic near entrance stop (85) sign and crosswalk to the Balboa Municipal Beach Parking Lot. (c) To License Supervisor for response, letter Permit /Com from Corona del Mar Chamber of Commerce for ClscFtRace request to stage: the 1st Annual Corona del Mar (65) Classic 5 Kilometer (3.1 mile) Foot Race. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Annual Report For The Disabled (Dayle McIntosh Center, Garden Grove) for 1981. (On file in Clerk's office) (b) Copy of letter from Karol 0. Bergheer to Regina's on the Water regarding the level of noise disturbance experienced by resident members of the Towers. (c) Memo from City Council Network Liaison Barbara Pass, Councilwoman of City of Stockton regard- ing "network" meeting in conjunction with • League and CSAC meetings. . (d) Copy of letters to Editor from Jan D. Vander - sloot, commending the California Coastal Commission for deleting the extension of University Drive from the Newport Beach Local Coastal Plan. Volume 36 - Page 106 CITY OF NEWPORT BEACH C AGamU?' N Cti 9 I� L � Mtis E � R S MINUTES ROLL CALL March 22, 1982 1NOEX (e) Correspondence from Al "King Alfonso" Lizanetz regarding his ongoing concern for our Nation's foreign policy and organized crime. (f) Minutes of Friends of Oasis Board Meeting of February 15, 1982. (g) Local Agency Formation Commission Minutes of February 24 and Preliminary Agenda of March 10,1982. (h) Request of Orange County Local Agency Forma- tion Commission for applicants to fill its public member seat (four -year term of Robert E. Dwyer terminating on May 3). (i) Statements from Controller of the State of California showing estimated amount to be paid to each city and county as its share of reve- nues apportioned during fiscal year ending June 30, 1983. (j) Memorandum from California State Senator H. L. Richardson, 25th District, regarding Legisla- tive Counsel's opinion on the validity of city and county ordinances in relation to firearms. (k) Notice to customers of hearing in application No. 82 -03 -16 of Southern California Gas Company & Pacific Lighting Gas Supply Company before Public Utilities Commission to increase rates by $1,294 „513,000 per year. (1) Notice of Filing and Hearing on Southern California Edison Company Application No. 82- 03 -04 for authority to implement its Proposed Rate Stabilization Plan by Reducing its Energy Cost Adjustment Billing Factors, before the Public Utilities Commission. (m) Airport Land -Use: Commission for Orange County - Minutes of January 21 and February 18, 1982. 6. CLAIMS FOR DAMAGES - For denial and confirmation of (36) the City Clerk's referral to the claims adjuster: (a) Sandra Mathis for alleged property damage as a Mathis result of collision with Newport Beach Police vehicle on December 12, 1981, at MacArthur Boulevard, near Bonita Canyon Road. (b) Douglas C. Pizac: for reimbursement of towing Pizac charges and taxicab fare on February 21, 1982. (c) Georgia- Pacific Corp. for Richard L. Woods for Georgia -Pac/ property damage„ alleging Police Officer ran Woods stop light and broadsided claimant's vehicle on December 31, 1981, at 3rd Avenue and Orchid Street. Volume 36 - Page 107 L �a u i i CITY OF NEWPORT BEACH MINUTES March 22, 1982 (d) Cortland Greeley for personal injuries when Greeley she tripped and fell over water meter on February 3, 1982, near Newport Boulevard Bridge. (e) Deborah L. Swarthout for Application to Pre - Swarthout sent Late Claim, alleging personal injuries as a result of negligently designed and maintain- ed road, sustained on June 22, 1981, on Jamboree Road between Pacific Coast Highway and Santa Barbara Avenue. (f) Craig Slutman for property damage alleging Slutman tree limb fell on his vehicle while City crew trimming tree on Vista del Oro and Vista Caudal on February 23, 1982. (g) Norman B. Sunshine for property damage sus- Sunshine tained to his vehicle in collision with City truck on Mariners Drive and Dover Street on February 18, 1982. 7. SUMMONS AND COMPLAINTS - None. 8. REQUEST TO FILL PERSONNEL VACANCIES - For approval: (66) (Report from the City Manager) (a) Two Police Clerk I positions, Police Depart- ment. (b) One Utilities Leadman, Utilities Department. (c) One Laborer; General Services Department. 9. STAFF AND COMMISSION REPORTS - For Council informa- tion and approval; (a) Report from Parks, Beaches and Recreation PR&B Director requesting APPROVAL IN CONCEPT OF THE (62) PROPOSED NEWPORT BEACH OLYMPIC AQUATIC CENTER ON NORTH STAR BEACH. (b) Report from the Planning Department concerning G /Plan RECOMMENDATION MADE MARCH 4, 1982 BY THE (45) PLANNING COMMISSION REGARDING ESTABLISHING PRIORITIES TO REVIEW SPECIFIC AREA PLAN DESIGNATIONS ON THE NEWPORT BEACH GENERAL PLAN. (c) Removed from the Consent Calendar. (d) Report from City Manager regarding 1982 -83 RENEWAL OF PUBLIC LIABILITY INSURANCE COVER- AGE. Volume 36 - Page 108 Insurance/ (Public Liab (47) i 1 i CITY OF NEWPORT REACH MINUTES March 22, 1982 10. PUBLIC HEARING SCHEDULING - For public hearing scheduled on April 12, 1982: (a) Public hearing regarding Certificate of Twg /Certf Convenience & Necessity for John's Tow Ser- Cnvnc vice, 300 E. 17th Street, Costa Mesa.,(Memo (70) from Police Department) 11. MISCELLANEOUS RESURFACING AND RECONSTRUCTION (C- 2300)- Jamboree Boulevard; Vista del Oro; Seadrift Dr /E1 Paseo Dr; Sherrington Place /Sea Gull Ln /16th Street; Production P1 /Monrovia Avenue /Babcock Street /16th Street; approve plans and specifica- tions; and authorize: the City Clerk to advertise for bids to be opened at 11:00 a.m., April 8, 1982. (Report from Public Works) 12. ACCEPTANCE OF IMPROVEMENTS IN SITE PLAN REVIEW NO. 26 - Portion of Lot B, Tract No. 919, located at 2436 West Coast Highway, east of Tustin Avenue on Mariners Mile; accept the public improvements constructed in conjunction with Site Plan Review No. 26; authorize the City Clerk to release the Faithful Performance Bond (No. 008248); and release Labor and Material Bond (No. 008248) in six months, provided no claims have been filed. (Report from Public Works) 13. APPROVAL OF REQUEST BY NEWPORT OUTRIGGER CLUB - to store and launch canoes on public bay beach near the street end at 18th and West Bay, subject to conditions of approval listed in staff report. (Report from Marine Department) 14. MAINTENANCE DREDGING APPLICATIONS - Approve the following applications for maintenance dredging in conjunction with conditions of approval listed in the General Permit issued to the City by the Army Corps of Engineers. (Report from Marine Depart- ment) 108 -2124 Byron. Farwell 2124 E. Balboa Blvd. 110 -1112 Ken Volk 1112 E. Balboa Blvd. 15. BUDGET AMENDMENTS - For approval: BA -090, $25,000.00 transfer from Appropriation Reserve for reserve for Art and Cultural Promotion; General Fund. BA -091, $32,000.00 increase in Budget Appropria- tions for installation of meters in A and B Street Parking Lots; General Fund. (Report dated March 8, 1982 from Off- Street Parking Committee) G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Proposed resolution supporting Proposition 9 and urging a "Yes" vote for the Peripheral Canal Measure appearing on the June 8, 1982 Ballot, was presented. Volume 36 - Page 109 Rcnstrctn C -2300 (38) Site Plan Rv#26 (84) NptOtrgrClb (51) MntncDrdg/ Ap111108 &110 (51) B/A (25) Legislation (48) C U ME B RS ROLL CALL Motion All Ayes 1 Motion All Ayes CITY OF NEWPORT BEACH MINUTES March 22, 1982 INDEX PB &R /ArtsCmsn (62) Ord 82 -5 Signs /Signals (85) Council Member Plummer stated that she was not in support of the resolution as she had some serious concerns with respect to the ballot measure. One of her concerns was that 85% of the water used in the State was for agricultural purposes. She also was offended with propaganda making the home user feel guilty of wasting water. She stated that if she were assured that the agriculturists were to pay their share of this project, she possibly could support the measure. In addition, she would like to see a strong "push" to reuse, or recycle water. Council Member Strauss stated that due to lack of expertise in this area, he did not feel the Council should support and /or oppose items such as the resolution under consideration. He indicated that is has been the policy in past years to not take action either way on State -wide ballot measures, resolutions of other cities, and various legisla- tive matters. Council Member Hummel stated he did not feel the Council was that knowledgeable of both sides of this issue in order to vote on it. x In view of the foregoing, motion was made to file the proposed resolution. In addition, staff was directed to research and report back as to whether any studies have been done on the reusing /recycling of water. 2. Request for approval of gift from Friends of the Newport Beach City Arts Commission of representa- tional painting to City, was presented. In response to Council Member Cox, the City Manager explained the purpose and intent of the subject letter. He pointed out that in order for the City to assume ownership of the subject art work, the Council must officially accept the gift. x Motion was made to .approve, and accept the gift from the Friends of the Newport Beach City Arts Commission. H. ORDINANCES FOR ADOPTION: 1. Ordinance No. 82 -5, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.52.040 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADD A ONE -WAY DESIGNATION FOR HAZEL DRIVE BETWEEN POPPY AVENUE TO THE ALLEY NORTH OF EAST COAST HIGHWAY SOUTHBOUND, was presented for adoption. Report from the Traffic Affairs Committee dated March 8, 1982, was presented. Volume 36 - Page 110 INDEX PB &R /ArtsCmsn (62) Ord 82 -5 Signs /Signals (85) Motion A Ayes Motion All Ayes' Motion A yes i x CITY OF NEWPORT REACH L ME B RS MINUTES ti s�o S� March 22, 1982 x x Adopted Ordinance No. 82 -5. It was suggested by Council Member Hummel that the staff investigate the feasibility of removing the paving underneath the so- called planter area at the subject location. I. CONTINUED BUSINESS: 1. Appointments to the Newport Beautification Advisory Committee. Council Members Plummer's (District 2) and Cox's (District 7) remaining appointments deferred to April 12, 1982. 2. Report from City Attorney regarding CORONA DEL MAR SCHOOL /USC CONTROVERSY, was presented. Copy of letter from Corona del Mar Community Association to California Coastal Zone Conserva- tion Commission opposing USC usage of Corona del Mar Elementary School, was presented. The City Attorney advised that the Coastal Com- mission had denied the request of USC, and agreed with the position of the people who live within the area of the elementary school. Following discussion, motion was made to receive and file the subject. report. City School Liaison Member to meet with School Committee, and report back if any new development occurs relative to USC. 3. Reports from City Attorney and Parks, Beaches and Recreation Director regarding SIGNED AGREEMENT FOR JOHN WAYNE SCULPTURE, were presented. The City Manager summarized the background of the John Wayne Sculpture, wherein it was noted that $19,629 had been spent from donated funds for the sculpture. However, an additional $13,000 was needed in order for the artist to release the completed art work. It was pointed out in a letter from the Jaycees, dated March 12, 1982, that two fund - raising events were being planned for the John Wayne Sculpure. One is in April in connection with the Theatre Arts Group, and the second is in May which will be the Jaycees John Wayne Festival at the Edwards Theatre, Fashion Island. In addition, they have some good leads on private and business contributors. Andy Matson, son of Chris Matson, the artist for the John Wayne Sculpture, stated that to reproduce the sculpture, for foundry work alone, at today's cost, would be $120,000. He felt the sculpture Volume 36.- Page 111' NptBeau /CAC (24) CdM /USC C -2317 (38) John Wayne/ Sclptr (24) CITY OF (NEWPORT REACH C UNCIL ME 8 RS MINUTES ROLL_ CALLS n� 9 March 22, 1982 ihincv was a "magnificent piece of art," and invited the Council and members of the Jaycees to view it. He stated that his father has had to file bankruptcy because of loans he had to secure in order to finish the sculpture:. A. Z. Taft, Member of the City Arts Commission, stated that since the Friends of the Arts Commis- sion wish to donate some type of art work as a gift to the City, it might be well to suggest they consider donating those funds towards the purchase of the John Wayne Sculpture. Motion x Motion was made to disallow the agreement; notify Chris Matson that he may dispose of the sculpture, with the understanding that upon sale, reimburse- ment of $19,629 would be expected for repayment of donated funds. William Littleton, Chairman, John Wayne Sculpture Committee and Internal Vice President, Newport Harbor Jaycees, stated it was true that the Jaycees were commissioned to be the fund- raising entity for the John Wayne Sculpture. The original figure was $17,500, which they met. He stated that the Jaycees in "no way" had anything to do with the expansion, or the changing of the scope of the sculpture. They also do not feel they are responsible for Mr. Matson's financial situation. In conclusion, Mr. Littleton stated he felt the City was liable for completion of the sculpture, inasmuch as a committee was commissioned by the City for the project. However, they will continue to attempt to raise funds for the work in order to see the project completed. He stated that since the sculpture was seen on Channel 7 Eyewitness News, they have received at least six telephone calls from individuals interested in donating funds toward the sculpture, and therefore, sug- gested the Council defer action at this time. In response to Council inquiry, the City Manager clarified the purpose and intent of Council Policy F -20, Reserve Fund for Culture and Arts. Motion x Following discussion, substitute motion was made Ayes x x x to defer this item to April 12, inasmuch as other Noes x x donations are contemplated, and to allow Council Members an opportunity to view the sculpture. 4. Report from the Planning Department regarding a Hogan /SAna request from DEBORAH AND JAMES HOGAN CONCERNING Hghts Annex POSSIBLE ANNEXATION OF A PARCEL OF LAND IN THE (21) UNINCORPORATED AREA OF SANTA ANA HEIGHTS, was pre- sented. Motion x Motion was made to defer this item to May 10, when the entire Santa Ana Heights issue will be con- sidered. Volume 36 - Page 112 CITY OF NEWPORT REACH C UNCIL ME 8 RS MINUTES ROLL CALK N"f$, V\ March 22, 1982 1 NDEX Jim Hogan, 323 Sapphire, Balboa Island, stated that he bought property in Santa Ana Heights approximately three years ago, with the understand- ing it was in the City of Newport Beach. He stated that they would like to initiate annexation by filing application with the Orange County Local Agency Formation Commission ( LAFCO). However, LAFCO requires that all applications for annexa- tions be accompanied by a resolution of the City Council agreeing to adhere to the Master Property Tax Agreement. Under the agreement, the public agencies involved agree to divide property tax revenues from the proposed annexation area accord- ' ing to a predetermined formula developed in 1980. Following receipt of the completed application, LAFCO would address the annexation issue, and if approved, the City would then review the annexa- tion and take a vote as to whether to annex. He urged the Council to allow him to proceed with the application to LAFCO. All Ayes Following discussion, the motion to defer this item to May 10 was voted on, and carried. ' 5. Report from Public Works regarding ENCROACHMENT Lawrence/ AGREEMENT AND DECLARATION OF COVENANTS - RICHARD /P 1717(A) LEE LAWRENCE, was presented. (88) The Director of Public Works advised that this item was carried over from the March 8 Council meeting as questions were asked regarding the dec- orative street lamps and other nonstandard improve- ments proposed to be installed, and the timing of construction. The Public Works Director stated that copies of drawings showing the street light configuration and the general layout of the work in the side- walk area were included with the staff report. He had requested Richard Lawrence to attend the meet- ing to answer questions and provide any additional information required. The City Attorney suggested that the security in the amount of $75,000, which was required for pre- viously approved improvements, also be applied to the subject improvements to guarantee their comple- tion by June 1. It was noted that Mr. Lawrence, the Applicant, was not in attendance. Motion. x Motion was made to adopt proposed resolution ap- Ayes x x x proving Encroachment Agreement and Declaration of .Noes X Covenants for nonstandard improvements in the pub - Abstain x lic right -of -way with Richard Lee Lawrence; and authorize the Mayor and City Clerk to execute same in connection with Use Permit No. 1717 (Amended) - • McFadden Place, Ocean Front and the adjacent alley, with the provision that the security in the amount of $75,000 previously submitted also apply to the subject improvements as suggested by the City Attorney, which motion FAILED. Volume 36 - Page 113 CITY OF NEWPORT BEACH C L ME 8 RS MINUTES N\11R01 I Sn 9 March 22. 1982 1KJnPV It was pointed out that pursuant to the City Charter, a resolution must have four votes to carry. No further action was taken other than to direct staff to inform the Applicant. 6. Report from the City Attorney concerning COUNCIL PB &R /Cncl POLICY F -18 (AMENDED) AND FUND RAISING GUIDELINES, Plcy F -18 was presented. (62) A memorandum from the City Attorney in response to letter from Beryl Melinkoff regarding Fund Raising - Arts Commission, was presented. Council Policy F -18 (Amended) was presented with the new wording underlined, and explained by the City Manager. During course of consideration, it was suggested the policy be revised to read: "Except as set: forth herein, no board, com- mission, or committee which has been estab- lished by Charter or by the City Council, shall have the authority to independently raise and collect funds on behalf of itself, or any other board, commission, committee of the City unless the City Council authorizes such fund raising subject to binding guide- lines to be attached hereto and approved by the City. Any such funds shall be generated and collected through legally established nonprofit groups and organizations which are independent of: the City." Motion x Following discussion and comments, motion was made All Ayes to not adopt Council. Policy F -18 (Amended), and that it remain as originally written and approved by Council on March 27, 1978, which reads: "No board, commission, or committee which has been established by Charter or by the City Council, shall have the authority to independently raise and collect funds on behalf of itself, any other board, commission, committee, or the City. Any such funds shall be generated by and collected through legally established nonprofit groups and organizations which are independent of the City." J. CURRENT BUSINESS: 1. Report from the Planning Department regarding G/P Amnd request for GENERAL PLAN AMENDMENT] was presented. (45) It was pointed out in the staff report that the • requests for General. Plan Amendment are as follows: a) The Stewart - Ullman Partnership requests the land use designation for Lot 6 of Volume 36 - Page 114 CITY OF NEWPORT BEACH C UNCIL ME 8 RS MINUTES ti yes s�� �o ROLL_ CAL I n� 0 March 22 _ 1982 ► new Tract 3232 (1401 Bayside Drive) be chang- ed from "Recreational and Marine Commer- cial to "Multi- Family Residential." b) The Irvine: Company requests the .land use designation for the parcel at the corner of Fifth Avenue and MacArthur Boulevard be changed from "Low- Density Residential" to "Medium- Density Residential." This parcel is 6.43 gross acres. Assuming a 20% acreage reduction for buildable acres, it is estimated that a maximum of twenty -one: dwelling units could be con- structed under the Low- Density Residen- tial designation and a maximum of fifty - one dwelling units could be constructed under the Medium- Density Residential designation. Dave Dmohowski, representing The Irvine Company, in response to Council inquiry, stated that the particular parcel in question is separate from the parcels referred to in General Plan Amendment No. 81 -2. Their request: is based primarily on the thought that low density residential in the subject location is not appropriate, and therefore, they are requiring a medium density classification, which would allow for a clustering of units. Mot -ion x Motion was made to return the requests to the A x x originators without action, which motion FAILED. A x x x M _ n x Motion was made to initiate both of the requested General Plan Amendments and direct staff to set this item for public: hearing before the Planning Commission after preparation of any necessary environmental documents. Motion x Substitute motion wars made to defer action on the proposed amendments to future hearing sessions based on Planning Department workloads and project priorities. In response to Council Member Hummel's inquiry regarding the status of the Specific Area Plan for Corona del Mar, the Planning Director advised that it was No. 6 on the priority list of the Planning Commission. Ayes x x x Substitute motion was voted on, and carried. Noes x x 2. Proposed ARGUMENT IN FAVOR OF MEASURE B, CONCERN- Election /TOT ING TRANSIENT OCCUPANCY TAX, as prepared by the (39) staff, was presented.. • Volume 36 - Page 115 CITY OF NEWPORT BEACH C UNCIL ME 8 RS MINUTES \CAL\L<<ROLL Gn9 'A Marrh 22. 1989 inincv Mayor Pro Tem Hart stated that the following persons have volunteered for the citizens committee to assist in promoting the ballot measure: Jean Watt Bill Lusk Ron Hendrickson Robert Shelton Gary Schaumburg There being no objections, the second paragraph of the proposed argument was broken down into two additional paragraphs, as suggested by Council Member Strauss. It was agreed that Council Members Strauss, Cox and Hummel would sign the argument on behalf of the City. Motion x Motion was made to approve the argument in favor of Ayes x x x x Measure B, as set forth in the foregoing, with the Abstain x signatures of Council Members Strauss, Cox and Hummel, and to appoint those individuals as listed by Mayor Pro Tem Hart to the citizens committee to promote the ballot measure. K. ADDITIONAL BUSINESS: Motion x 1. Motion was made to set a public hearing for April Var 1088/ All Ayes 12, 1982, on Variance No. 1088 (Lido Marina U/P 1956 Village), and Use Permit No. 1956 (Amended) (Magic Island). 2. Jack Pouch addressed the Council stating he represented Richard Lawrence, who had submitted an application for an encroachment agreement that was considered by the Council earlier in the meeting. Mr. Pouch stated that he was outside the Council Chambers at the time the Council acted on the item, and therefore, requested it be considered at this time. Hearing no one in support of the request, no action was taken. Meeting adjourned at 11 p.m. Mayor Pro Tem ATTEST: Citiy Clerk Volume 36 - Page 116