HomeMy WebLinkAbout04/12/1982 - Regular MeetingC UNCIL ME B RS
s�
lk
ROLL CALLS �9�
G
�� 9
CITY OF NEWPORT BEACH
REGULAR COUNCIL 14EETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: April 12, 1982
MINUTES
INDEX
Present
x
x
x
x
x
x
A. ROLL CALL.
x
to,int
on
x
B. The reading of the Minutes of the Adjourned Meeting
Ayes
of March 12, and of the Regular Meeting of March 22,
(amended) 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 2019 &
City Council review of an appeal by R. V. HOGAN
Resub 696
COMPANY AND SPANGLER /SCHACHTMAN AND ASSOCIATES,
(88)
NEWPORT BEACH, from the decision of the Planning
Commission on December 10, 1981, denying USE PERMIT
NO. 2019 AND RESUBDIVISION NO. 696, a request to
construct a twenty unlit time -share condominium
development and related parking area in the C -1 -H
District which exceeds the basic height within the
26/35 Foot Height Limitation District and the
acceptance of an Environmental Document; and a
request to establish a single building site for the
condominium project where two lots and a portion of
two other lots now exist. Said applications were
previously considered. and tabled by the City
Council on January 11, 1982 and removed from the
table on March 8, 1982.
Report from Planning Department, was presented.
4
The City Clerk advised that after the printing of
the agenda, letters were received from W. N. Kenna-
cott and John and Dennis Seldz, in opposition to
the proposed development.
In addition, a letter had been received from R. V.
Hogan, requesting continuation of the Council hear-
ing to May 10, 1982.
In response to Council inquiry, the Planning Direct -
or stated that the staff was still in the process of
gathering information for the development of a
time -share ordinance. Other studies have taken
priority; however, if the Council wishes this item
to have immediate attention, the staff will proceed
accordingly.
It was pointed out that it would take approximately
three to four months before a recommendation could
be forthcoming from the Planning Commission pertain-
ing to the proposed ordinance.
Following discussion and there being no objections,
the Council directed the staff to develop a time-
share ordinance within four months.
Volume 36 - Page 117
C UNCIL ME B RS
s
y�U sv�,9s���
ROLL CALL Sn D
CITY OF NEWPORT BEACH
Anri1 12. 1QR2
MINUTES
IMULA
R. V. Hogan, Planning Consultant, representing the
Appellant, stated that they are willing to abide by
the timetable until .an ordinance is developed. The
reason for their request for continuation is to have
a full Council at the hearing in consideration of
the importance of the project to the City.
The City Manager noted that one of the advantages
of having a time -share ordinance was that it pro-
duces revenue if the City is enabled by an ordinance
to charge an occupancy tax, which he explained.
Motion
x
Following discussion, the public hearing was closed.
All Ayes
Motion
x
Motion was made to deny the subject appeal without
prejudice and Applicant be allowed to resubmit appli-
cation for use permit, with City filing fee waived,
as soon as time -share ordinance is developed.
Motion
x
Mr. Hogan indicated lae wished to address the Council
All Ayes
again, and therefore the public hearing was reopened
Mr. Hogan stated that they do not want to be denied
the right of a public hearing and urged the public
hearing be continued to a time certain. He stated
that to deny the appeal without a public hearing
would put their project in a bad situation. He felt
that if the ordinance was designed to make their
project impossible, then this would mean they never
would have had the benefit of a public hearing on
•
the project itself.
Mayor Pro Tem Hart asked Mr. Hogan if they would be
willing to accept denial of the appeal without
prejudice, to which Mr. Hogan replied, "not without
a public hearing."
Marion Pickens, President of the Lido Isle Community
Association, addressed the Council in opposition to
the time -share condominium project. She stated that
many letters and peitions have been submitted in
opposition to the development, and questioned if the
item is continued, would the letters need to be
resubmitted, to which Mayor Pro Tem Hart responded
in the negative.
Motion
x
Council Member Strauss withdrew his motion to deny
All Ayes
without prejudice, and make a motion to continue the
public hearing to August 23. Staff to develop a
time -share ordinance in the interim and Applicant
to review said ordinance and regulations when
available.
2. Mayor Pro Tem Hart opened the public hearing and
Var 1088
City Council review of VARIANCE NO. 1088 AND USE
(91)
PERMIT NO. 1956 (AMENDED), requests by LIDO MARINA
U/P 1956(A)
VILLAGE AND MAGIC ISLAND, NEWPORT BEACH, condition-
(88)
ally approved by the Planning Commission on March
18, 1982, which would reduce the amount of required
parking for the retail and office uses in Lido
Volume 36 - Page 118
CITY OF NEWPORT BEACH
C U ME B RS MINUTES
9 G
y s
PN I CAI I ,nom � April 12. 1982 INnFY
Marina Village and amend a previously approved use
Var 1088 &
permit which allowed a nighttime and Sunday restau-
U/P 1956(A)
rant - theatre complex with on -sale alcoholic bever-
ages and live entertainment so as to expand the net
public area of the existing restaurant and to
increase the hours of operation to include the
service of lunch. The proposal also included a
modification to the Zoning Code so as to increase
the number of compact and tandem parking spaces in
conjunction with the required restaurant parking.
Report from Planning Department, was presented.
Letter from Magic Island President Michael A.
Callie, regarding Council review of their use
permit, was presented.
With respect to the parking of buses in connection
with the proposed bus tour program, the Planning
Director pointed out that the buses would be parking
in a parking lot at the Community Church by the Sea,
148 E. 22nd Street, Costa Mesa. He viewed the site
and noted that the Church also has some type of
health facility on the property. He had a member
of his staff contact the City of Costa Mesa planning
staff to determine if the City was going to allow
the sharing of the Church /health facility parking
lot, and it was indicated that the Church had just
received approval for the health facility, and that
the Use Permit did not include any provision for
parking of buses during the day. In addition, the
City of Newport Beach Planning Commission requires
that the Planning Director and Traffic Engineer
approve the location for the parking of the tour
buses.
Michael A. Callie, President, Magic Island, Inc.,
addressed the Council. and submitted a letter from th
ministers of the Community Church by the Bay, stat-
ing that the Magic Island may use the parking lot.
Monday through Friday in connection with their day-
time tour bus program.
Mr. Callie stated that they cannot commence their
program until the City of Costa Mesa approves of
their using the Church parking lot.
Mr. Callie advised that their lunches will all be
prebooked; there will be no walk -in lunch trade; and
only one group at a time will be scheduled. The
merchants of Lido Village are in favor of the bus
tour program, and there will never be more than two
buses at one time in the immediate area.
Barbara Young, tenant in the Magic Island building,
addressed the Council in favor of the daytime bus
tour program. She noted that the Warehouse Restau-
rant has bus tours in the evening, in which the
buses park on Central Avenue without causing any
problems. She felt the daytime bus tours would be
of great benefit to the merchants of Lido Village,
and urged its approval.
Volume 36 - Page 119
CITY OF NEWPORT BEACH
C UNCIL ME 8 RS MINUTES
�ti tp o
G � G�
R(ll l CAI 1 . .p April 12, 1982 INf1FY
Ralph Lee, representing the Management of Lido
Var 1088 &
Marina Village, submitted a letter from Thomas P.
U/P 1956(A)
Clark, Jr., the Attorney for Lido Marina Village,
advising as follows:
"I was advised this morning by Chris Gustin of
your staff, that the City Council could not
grant its approval of Magic Island's proposed
bus tours without the variance application
submitted by the owners of Lido Marina Village.
In this regard, Mr. Gustin advised that the
bus tour program proposed by Magic Island
creates an additional need for employee park-
ing during the daytime hours which can only be
accommodated through approval of the requested
variance. With this in mind, please disregard
my prior letter to you which withdrew the
variance application and consider the variance
request solely for the purpose of accommodating
the proposed bus tours sponsored by Magic
Island. If the variance request is approved,
the owners of The Village would be returning
to you at a later date with an overall parking
management plan and overall proposal for the
ultimate use of The Village."
John Dryden, 3326 Via Lido, addressed the Council
in opposition to the program. He indicated he felt
the operation would not be of benefit to the
village, and requested the program not be approved
until further input from the tenants. He stated he
•
thought the village was becoming a "Coney Island"
due to sidewalk sales, boat shows and bus tours.
In response to Council inquiry, Ralph Lee of Lido
Marina Village, stated that they polled the mer-
chants in the area, and that they are "overwhelming -
ly" delighted with the proposed bus tour program.
Hearing no others wishing to address the Council,
the public hearing was closed.
Motion
x
Following discussion, motion was made to sustain the
decision of the Planning Commission, with the limi-
tation that the program be brought back to the
City Council for review in six months. Approval was
also given with the provision that the Applicant
obtain approval from the City of Costa Mesa with
respect to bus parking at the church site, and that
said Applicant monitor employee parking.
In response to Council inquiry, the City Manager
stated that if a public nuisance were to develop as
a result of the bus tour program, there are pro -
visions within the municipal code for abatement of
said public nuisances prior to the six months.
All Ayes
The motion was voted on, and carried.
•
Volume 36 - Page 120
Motion
All Ayes
Motion
All Ayes
•
•
L
x
ix
11 941 -
April 12, 1982
MINUTES
3.
Mayor Pro Tem Hart opened the public hearing re-
John's Tow
garding Certificate of Public Convenience and
Service
Necessity for JOHN'S TOW SERVICE, 300 E. 17th
(70)
Street, Costa Mesa, California.
Report from Police Department, dated November 11,
1981, was presented.
Report from City Manager, was presented.
Louis Dunmyer, Manager of John's Tow Service,
stated he was in attendance to answer questions of
the Council.
Hearing no others wishing to address the Council,
the public hearing was closed.
Approved request.
E.
PUBLIC COMMENTS:
None.
F.
CONSENT CALENDAR:
The following actions were taken as indicated
except for those items removed:
1.
ORDINANCES FOR INTRODUCTION - None.
2.
RESOLUTIONS FOR ADOPTION:'
(a) Resolution No. 82 -48 declaring City's inten-
Vac /Alley
tion to vacate a portion of an existing 14 ft.
Res 82 -48
alley, accepting a map showing the portion of
(90)
alley proposed to be vacated and setting May
10, 1982, as the date for a public hearing
concerning the intended vacation (N.E. of E.
Coast Highway between Iris and Alley West of
Iris). (Report from Public Works)
(b) Resolution No. 82 -49 establishing the hours of
Parking
operation for all parking meters to be 8:00
Res 82 -49
a.m. to 5:00 p.m. daily, excepting those
(63)
meters not in operation on Sunday a.m. (Re-
port from Traffic Engineer - Public Works Depart-1
ment)
(c) Resolution No. 82 -50 declaring City's inten- Elec /Games
tion to amend Title 20 of the Newport Beach lZoning
Municipal Code in connection with the regula- lRes 82 -50
tion of electronic game machines. (Report (94)
from City Attorney)
(d) Resolution No, 82 -51 consenting to the reor- ITeleprompter
ganization of Teleprompter Corporation pursuant Res 82 -51
to Section 5.44.060(g) of the Newport Beach (42)
Municipal Code. (Report from the City Manager)
Volume 36 •- Page 121
CITY OF NEWPORT REACH
C UNCIL ME MB RS
_,k
MINUTES
ROLL CALL
VtS
'jl April 12, 1982 INDEX
(e) Resolution No. 82 -52 declaring City's inten-
Community
tion to hold a public hearing to consider a
Cablevision
request by Conmiunity Cablevision Company for a
Res 82 -52
rate increase in the fees and charges for
(42)
Cable Antenna Television Service. (Report
from the City Manager)
(f) Resolution No. 82 -53 authorizing an additional
City Cncl
expense allowance to the Mayor Pro Tem in
Expense
accordance with Section 404 of the City Charter
Res 82 -53
of the City of Newport Beach. (Report from
(33)
City Manager)
(g) Resolution No. 82 -54 declaring that weeds and
Weed Abatm
other public nuisances exist upon streets,
Res 82 -54
alleys, sidewalks, parkways and private
(41)
property within the City, declaring that said
weeds and public nuisances must be abated,
setting the time and place for a public hear-
ing at which.the City Council will consider
protests from persons objecting to the pro-
posed destruction or removal of such public
nuisances by the City and directing the Fire
Chief to give notice of the passage of this
resolution and of the public hearing. (Report
from the Fire Department)
(h) Resolution No. 82 -55 authorizing the applica-
PB &R
tion grant funds available through the Roberti
Res 82 -55
Z'Berg Urban Open Space and Recreation Program
(62)
to be used for the development of San Miguel
•
Park, a proposed Capital Improvement for
fiscal year 1982 -83. (Report from Parks,
Beaches Recreation)
and
3. CONTRACTS /AGREEMENTS FOR APPROVAL:
(a) Encroachment Agreement and Declaration of
Tract 10987
Covenants between land owners for street
median improvements along Jamboree Road and
Ford Road adjacent to Tract No. 10987; and
Encroachment Agreement and Declaration of
Covenants between land owners for nonstandard
median improvements along Ford Road and Bison
Avenue adjacent to Tract No's. 11449, 11450,,
11451, 11377 and 11605 (Resubdivision No.
629); and authorize the Mayor and City Clerk
to execute said Agreements and have them
recorded with the Orange County Recorder.
(Report from Public Works)
(b) Use Permit Extension Agreement guaranteeing
U/P 1895
completion of the public improvements re-
(88)
quired with Use Permit No. 1895 (Lot 8, Block
6, Tract No. 27, located at 496 North Newport
Boulevard, on the southeasterly corner of
North Newport Boulevard and Orange Avenue,
adjacent to Newport Heights). (Report from
•
Public Works)
Volume 36 - Page 122
C UNCIL ME B RS
s
ROLL CALL J'n
CITY OF NEWPORT BEACH
April 12. 1982
MINUTES
'
INULX
(c) License Agreement for nonstandard improvements
Alley Easm/
within an easement for alley purposes; author-
V. Zimmerer
ize the Mayor and City Clerk to execute said
C -2330
Agreement and have it recorded with Orange
(38)
County Recorder- (Lot 7, Block 47, River
Section, located at 224 -48th Street on the
southeasterly corner of 48th Street and River
Avenue). (Report from Public.Works)
(d) Affirm the Negative Declaration of Environment
-30th St /Pkg
al Impact for 30th Street Parking Lot Improve -
Lot Impvms
ments Contract 2288; authorize the Mayor and
C -2288
City Clerk to execute an Agreement to effect
(38)
an exchange of property with the owner of
adjacent property at 220 -30th Street; approve
the plans and specifications; and authorize
the City Clerk to advertise for bids to be
opened at 11:00 a.m., on April 28, 1982.
(Report from Public Works)
(e) Award Contract No. 2236 to Dynamic Cons tructior
Phase I &II
Corp., of Santa Ana, in the total amount of
Corp Yrd Impv
$2,426,000; and authorize the Mayor and City
C -2236
Clerk to execute the Contract (Phase I and II
(38)
Improvements at the Corporation Yard).
(Report from Public Works)
(f) Removed from the Consent Calendar.
(g) Agreement for Attorney Services Airport Liti-
gation with O'Donnell & Gordon; and authorize
Airport Litg
C -2331
.
Mayor and City Clerk to execute said Agree-
ment. (Report from City Attorney)
(38)
(h) Agreement with the County Sanitation District
O/C Sanitation
No. 5 of Orange County to construct certain
Dist 5 Impvmsj
street and highway improvements on Coast High-
Coast H'wy
way (Westbound lane extension East of Bayside
C -2332
Drive). with the District's modification of
(38)
the sewage facility at the Bay Bridge pump
station; and authorize Mayor and City Clerk to
execute said Agreement. (Report from Public
Works)
4. COMMUNICATIONS - For referral as indicated:
(a) To the Pending Legislation and Procedural
Legislation
Ethics Committee:, request from California
(48)
State Senator H. L. Richardson, 25th District,
urging support for his Constitutional Amend-
t
.
ment for a return to a part -time State Legisla
ture.
(b) To the Traffic Affairs Committee for reply,
Traffic /Sgus I
request from Director of Facilities Develop-
(85)
ment and Construction, Hoag Hospital, for
traffic light at Hospital Road and Placentia.
•
(c) Removed from the Consent Calendar.
Volume 36 - :Page 123
t
i
CITY OF NEWPORT BEACH
C UNCIL ME B RS MINUTES
RAI I rat I Gnu 'A April 12, 1982 Ilunry
(d) To Public Works Department for reply, letter
Sidewalk Impv
from Bill Hellings regarding unpaved side-
(80)
walks along south side of Balboa Boulevard.
(e) To Pending Legislation and Procedural Ethics
Legislation
Committee, Councilman Don Wagerman's(City of
(48)
Richmond, California) letter urging adoption
of a resolution supporting AB 1206 requiring
stricter driving; requirements and penalties
for Class I drivers.
(f) To staff for reply (with carbon copy to
Trash /Litter
Council), letter from West Newport Beach
(44)
Association regarding unsanitary conditions
of beach, bay and Flamingo trailer parks on
Pacific Coast Highway in the west end of the
City.
(g) To Executive Assistant to the City Manager
0 /C- JohnWyn
for inclusion in the records, Resolution No.
Airport
82 -392 of March 17, 1982 adopted by the
(58)
Orange County Board of Supervisors (commercial
airline access plan for John Wayne Airport).
.(h) To staff for reply (with carbon copy to
Personnel/
Council), memorandum from Newport Beach
J -1 Cncl Plcy
Police Employees' Association regarding J -1
(66)
Council Policy.
(i) To City Clerk for inclusion in the records,
CPA 81 -1
•
letter from Mr. and Mrs. Edmond P. Benson
(45)
commending Council Member Ruthelyn Plummer
•
for her stand on the Banning Ranch Development,
and past efforts towards helping Newport
Beach become a progressive and delightful
City.
(j) To staff for reply, letter from West Newport
PCH'wy/
Beach Association regarding deplorable condi-
Fences
tion of fences adjacent to Pacific Coast High-
(80)
way in West Newport.
(k) To Public Works Department for reply, letter
Curb Cut/
from Thomas and Naomi Hooper requesting curb
Hooper Permt
cut at Begonia and 2nd Avenue, Corona del Mar.
(65)
5. COMMUNICATIONS - For referral to the City Clerk for
inclusion in the records:
(a) Copy of letter from E. P. Benson, President
Dover Shores Community Association, to.J. Lynn
.
Helms, Federal Aviation Administration, regard-
ing John Wayne Airport takeoff path.
(b) Removed from the Consent Calendar.
(c) Letter from Executive Director, Apartment
Association of Orange County, regarding slide-
film presentation on the recent Wolfson
decision of the California Supreme Court
(prohibits discrimination by owners of rental
housing against families with children).
Volume 36 - Page 124
CITY OF NEWPORT REACH
C UNCIL ME B RS MINUTES
'li,� -per y'P9G �
Rf11 I rhi I Avril 12. 1982 11unFY
(d) Correspondence of Al "King Alfonso" Lizanetz
regarding his ongoing concern to combat dis-
ease. Also copies of correspondence from
Daniel Peaches, Arizona House of Representa-
tives on behalf of Mr. Lizanetz's character/
convictions; and from Dennis DeConcini,
United States Senator supporting the idea of,a
national holiday to commemorate Dr. Martin
Luther King.
(e) Letter of Karl and Barbara Pottharst to Secre-
tary of Interior James Watt, regarding the
leasing of undersea oil tracts in Newport
Beach.
(f) State Department of Transportation notice of
intention to relinquish highway right -of -way
request No. 1019 (Cities of Irvine and Newport
Beach on MacArthur Blvd. (Rte. 73 Highway),
from University Drive North to Rte. 405 Free-
way.
(g) Orange County League of Cities memorandum
regarding Country Communications Cost Alloca-
tion Study.
(h) Minutes of the :Local Agency Formation Commis-
sion of Orange County of March 10, 1982.
(i) Orange County Health Planning Council memoran-
dum regarding support for renewal of OCHPC
designation a Health Systems Agency.
•
(j). Letter of thanks from the Independent Cities
Association.of Los Angeles County regarding
support from counties and cities for passage
of Senate Constitutional Amendment (SCA 7)
which relates to rules of evidence.
6. CLAIMS FOR DAMAGES - For denial and confirmation of
the City Clerk's referral to the claims adjuster:
(a) Tommie & Barbara Rutherford for personal
Rutherford
injuries resulting on January 9, 1982 at the
Long Beach Civil Defense Center demonstration
of "crowd control gas," wherein claimant
alleged that gas leaked into air (Newport
Beach police officer part of the demonstra-
tion).
(b) Mary Woodward for property damage resulting on
Woodward
March 23, 1982, on Newport Boulevard at Coast
. Highway when claimant's vehicle struck large
piece of asphalt: or concrete in roadway damag-
ing front left wheel and tire.
(c) Richard Lee Worth & Sara Michelle Worth for
Worth
alleged false police reports and false police
charges filed, thereby damaging nature of
!
violation of civil rights, etc., on December
22, 1981.
Volume 36 - page 125
CITY OF NEWPORT BEACH
C UNCIL ME 8 RS
_5_
��
ti� s9 9s� G��
MINUTES
ROLL CALL
s� A April 12, 1982 INDEX
(d) Jane R. Aderton for property damage.alleging
Aderton
refuse truck hit water line, thereby breaking
it and corner of garage at 607 West Bay,
Balboa, on February 16, 1982.
(e) Shirley Cadaret for property damage, alleging
Cadaret
that City Police vehicle collided with her car
at Newport Boulevard and 32nd Street on March
23, 1982.
(f) Mike G. Pendleton for property damage, alleg-
Pendleton
ing glass from street light at Bellis Street
.
fell onto his vehicle, thereby breaking rear
windshield on April 2, 1982.
7. SUMMONS AND COMPLAINTS - For confirmation of the
City Clerk's referral to the claims adjuster:
(a) Leila Mendez for personal injuries and prop -
Mendez
erty damage, Orange County Superior Court,
Case No. 367295. Claim was filed with the
City on October 22, 1981 and denied by City
Council on November 9, 1981.
(b) Leon and Dorris Selditz, Orange County Super-
Selditz
for Court, Case. No. 37- 41 -98; original claim
was filed September 3, 1981 and denied by
Council on September 14, 1981.
(c) Deborah Lee Swa.rthout for Notice of Hearing
Swarthout
•
and Petition for Relief from Claim Require-
ment, Orange County Superior Court, Case No.
370003. Application for Leave'to Present Late
Claim was denied by City Council on March 22,
1982.
8. REQUEST TO FILL PERSONNEL VACANCIES - For approval:
(66)
(Report from the City Manager)
(a)- Two Police Officers, Police Department.
(b) Two Custodial Officers, Police Department.
(c) One Emergency Equipment Dispatcher, Police.
Department.
(d) One Maintenance Man I, General Services
Department.
(e) One Equipment Mechanic II, Equipment Mainte-
nance Division.
9. STAFF AND COMMISSION REPORTS - For Council informa-
tion and approval:
(a) Report from City Attorney with INDEMNIFICATION
Tract 10814
AGREEMENT OF THE IRVINE COMPANY AND BIG
CANYON AREA 10.
e(b)
Memorandum from City Manager regarding PERMIS-
City Council
SION TO BE ABSENT FOR THE MAYOR.
(33)
(c) Removed from the Consent Calendar.
Volume 36 - Page 126
CITY OF NEWPORT BEACH
C UNCIL ME B RS MINUTES
yG��
ROLL CALL �iP April 12, 1982 INDEX
(d) Report from City Attorney REQUESTING CITY
Massage Prlr
COUNCIL DESIGNATE A HEARING OFFICER PURSUANT
(27)
TO SECTION 5.50.150 REGARDING REVOCATION OF
MASSAGE PARLOR. PERMIT.
(e) Report from Parks, Beaches and Recreation
John Wayne/
Director concerning CONTINUATION TO MAY 10,
Sculpture
1982 OF THE JOHN WAYNE SCULPTURE AGREEMENT.
(24)
10. PUBLIC HEARING SCHEDULING:
(a) ASSESSMENT PROJECT (ALLEY 102D FROM 15TH
Alley Impvms
STREET TO BOLSA AVENUE) CONTRACT 2316 - Set
C -2316
public hearing on April 26, 1982; and direct
(38)
staff to notify owners of property in Block
3, Tract 27 to construct Portland cement
concrete alley improvements utilizing proce-
dures from Chapter 27 of the Improvement Act
of 1911. (Report from Public Works)
(b) CLOSING 21ST PLACE TO VEHICULAR TRAFFIC - Set
21st Place
a public hearing for April 26, 1982, to
Closing /Trf
discuss the adoption of a resolution to close
(88)
21st Place between Ocean Front and McFadden
.
Place to vehicular traffic. (Report from
Public Works)
11. ACCEPTANCE OF IMPROVEMENTS IN RESUBDIVISION NO.
Resub 657
657 - Parcel No. 2 of Parcel Map 110 -43 ( Resub-
(84)
division No. 564) located at 213 and 215 -19th
Street, on the westerly side of 19th Street, be-
tween West Balboa Boulevard and West Bay Avenue on
the Balboa Peninsula; accept the public improve-
ments constructed in conjunction with Resubdivision
No. 657; authorize the City Clerk to release the
Faithful Performance Bond (Certificate of Deposit
No. 00510); and authorize release of Labor and
Material Bond (Certificate of Deposit No. 00511) in
six months, provided no claims have been filed.
(Report from Public Works)
12. ACCEPTANCE OF IMPROVEMENTS IN RESUBDIVISION NO.
Resub 656
656- Parcel 1 of Parcel Map 110 -43 (Resubdivision
(84)
No. 564) located at 207, 209 and 211 -19th Street,
on the westerly side of 19th Street; between West
Balboa Boulevard and West Bay Avenue on the Balboa
Peninsula; accept the public improvements con -
structed in conjunction with Resubdivision No. 656;
authorize the City Clerk to release the Faithful
Performance Bond (Certificate of Deposit No.
00508); and authorize release of Labor and Material
Bond (Certificate of Deposit No. 00509) in six
months, provided no claims have been filed. (Re-
port from Public Works)
13. SITE PLAN REVIEW NO. 25 - A portion of Lot A, Trac
Site Plan Rev
No. 919, located at 2244 West Coast Highway, on th
25
northerly side of the street, easterly of Tustin
(84)
Avenue on Mariners Mile; authorize the City Clerk
to release the Faithful Performance Bond (Bond No.
1000955); and authorize the release of the Labor
and Materials Bond in six months, provided no
claims have been.fil.ed. (Report from Public Works
Volume 36 - Page 127
CITY OF NEWPORT BEACH
C UN CIL ME B RS MINUTES
ti tiq s� G��
ROI I CAI I �n Anril 12_ 1982 1PinFY
14. ACCEPTANCE OF IMPROVEMENTS IN RESUBDIVISION No.
Resub 629
629 - Traffic signal at Bison and Celtis (Tract
(84)
11042)/ traffic signal at Ford Road and
Aeronutronic -Ford Access Road (Tract 10986) /water
main improvements in Bison Avenue (Tract 11043)/
sewer interconnect, City of Newport Beach - Irvine
Ranch Water District (a portion of Block 56,
Irvine's Subdivision generally bounded by Bison
Avenue; Jamboree Road, Ford Road, and MacArthur
Boulevard); accept the public improvements con -
structed in conjunction with Resubdivision No. 629,
water main improvements and sewer interconnect (at
locations noted above); authorize the City Clerk to
release the Faithful Performance Bonds (Nos.
B391731, B391732, B392154, B392019, B392130,
B392132); and release the Labor and Materials Bonds
(Nos. B391731, B391732, B392130, B392132 and
B392154) in six months, provided no claims have
been filed. (Report from Public Works)
15. Removed from the Consent Calendar.
16. TRAFFIC SIGNAL MODIFICATIONS AT VARIOUS LOCATIONS
Trf /Signal
CONTRACT NO. 2267 - Accept the work; authorize the
C -2267
City Clerk to file s Notice of Completion; and
(38)
release the bonds 35 days after Notice of Comple-
tion has.been filed. (Report from Public Works)
17. ACCEPTANCE OF SAN JOAQUIN HILLS ROAD AND SAN
Trf Median/
MIGUEL DRIVE TRAFFIC: MEDIAN LANDSCAPE DEVELOPMENT
SJH /SMiguel
(IRRIGATION AND LANDSCAPING ONLY) CONTRACT NO.
C -2265
2265 - Accept the work; authorize the City Clerk
(38)
Ag
to file a Notice of Completion; and authorize
release of bonds 35 days after Notice of Comple-
tion has been filed. (Report from Public Works)
18. APPROVAL OF REQUEST FROM WEST NEWPORT IMPROVEMENT
Trash /Spcl
ASSOCIATION - For Special Trash Pickup on Saturday
P/U WNpt
May 8 and 15, 1982. (Report from the Assistant to
(44)
the City Manager)
19. BUDGET AMENDMENTS - For approval:
(25)
BA -092, $700,000.00 increase in Budget Appropria-
tions and increase in Revenue Estimates for
contribution by the Department of Fish and Game
toward Pilot Marsh Restoration Project; General
Fund.
BA -093, $1;820.00 increase in Budget Appropria-
tions for West Newport Beach Special Trash Pickup;
General Services- Refuse Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A letter (from representing Attorneys) and a
Planning
petition bearing approximately 58 signatures from
(68)
"Save Our Neighborhood," an unincorporated Associa-
tion of Homeowners, to amend Municipal Code Section
20.02.030A regarding residential height limitation
'
Volume 36 - Page 128
CITY OF NEWPORT BEACH
C UNCIL ME 8 RS MINUTES
\CALL< ROLL `�'n 9 April 12, 1982 INDEX
Volume 36 - Page 129
and request for moritorium on the construction of
residences along the Bluff side of Kings Road, was
presented.
The City Manager stated it was his understanding
that the affected homeowners association was look-
ing at the subject request, and may at a future
time, consider the item at one of their board
meetings. The association will then advise the
City Council of their position with respect to the
request.
William R. Hart, Attorney, Good, Wildman, Hegness
and Walley, 5000 Campus Drive, gave a brief over-
view of their request regarding residential height
limitation and for a moratorium on the construction
of residences along; the bluff side of Kings
Road. He stated it was their opinion that the
neighborhood would be destroyed if bluff side
homeowners are allowed to build 24 feet above
the curb, not commensurate with the natural
grade.
During course of discussion, the City Attorney
pointed out that his office was in the process of
preparing a legal opinion on the subject with
alternatives for future Council consideration.
Motion
x
Following consideration, motion was made to defer
All Ayes
action on this item to April 26, 1982, in order to
allow input from the affected hoemowers associa-
tion, and to review the legal opinion from the
City Attorney's office..
2. Letters of March 25 and 30 from Jack K. Walley,
Mobile Home
Newport Terrace Park, Space 36, regarding mobile
Prk /Zoning
home park rentals, was presented.
(94)
Motion
x
Following discussion, motion was made to refer the
Ayes
x
x
x
x
x
subject letters to the City Clerk for inclusion in
Noes
x
the records, but that the staff report at the next
study session on the current status of mobile home
park rent negotiations, regulations or controls,
and any recent changes in the law.
3. Report from the Executive Assistant to the City
0/C -John Wyn
Manager regarding CORRESPONDENCE CRITICAL OF THE
Airport /SCAG
SCAG AVIATION WORK PROGRAM COMMITTEE (AWPC), was
(58)
presented.
The City Manager advised that this item had been
pulled from the Consent Calendar for the Council
to determine if the tone and format of the draft
letter to the SCAG .Aviation Work Program Committee
would benefit the City's chances in getting co-
operation from various agencies, including SCAG,
on the selection of a regional airport site.
Milan Dostal, City's representative to SCAG, ad-
.
dressed the Council, stating that the primary
purpose of the committee was to look at various
sites for a regional airport. He stated he felt
L
some slight changes could be made in the third
paragraph of the letter; however, he did feel the
tenor of the comments about the work the committee
had been doing was valid.
Volume 36 - Page 129
CITY OF NEWPORT BEACH
C UNCIL ME B RS MINUTES
ti
G
Gam?'(" 9��
RfN I C.AI I Sn April 12. 1982 INf1FY
In response to the Santiago site, Mr. Dostal stated
that at the last meeting the site was taken off the
study list for the reason that it did not have
adequate air space to accommodate an airport. He
voted for the Santiago site, but was outvoted
seven to two, therefore it is no longer a viable
site.
Motion
x
Following discussion, motion was made to modify
All Ayes
the subject letter, in particular paragraph 3, and
to encourage SCAG to put a much greater effort into
the process of locating a site than they have to
date; and further, that said letter be reviewed by
Council prior to presentation at the April 22 SCAG
meeting.
4. A report from the Public Works Department regarding
19th St /Clsrm
the RECOMMENDATION TO REJECT ALL BIDS FOR THE 19TH
C -2312
STREET RESTROOM AND CLASSROOM, CONTRACT NO. 2312,
(38)
was presented.
A letter from J. H. Hedrick Company, dated April 9,
1982, regarding the proposal to reject the bids,
was also presented.
Motion
x
Pursuant to staff recommendation, action on this
All Ayes
item was deferred to April 26, 1982, after the
April 21st coastal zone permit hearing.
5. Report from the Public Works Department regarding
UprNptEAP
the AWARD OF CONTRACT TO J. W. MITCHELL COMPANY
C -2276
FOR $2,783,550.80 FOR THE UPPER NEWPORT BAY EARLY
(38)
ACTION PLAN AND CALIFORNIA DEPARTMENT OF FISH AND
GAME PILOT MARSH RESTORATION, was presented.
A letter from Sukut Construction, Inc., dated
April 9, 1982, regarding the award of contract,
was also presented.
Don Miller (no address given), addressed the
Council in support of the restoration of Upper
Newport Bay.
Motion
x
Awarded Contract No. 2276 to J. W. Mitchell Com-
All Ayes
pany, Inc., for $2,783,550.80; authorized the ,
Mayor and City Clerk to execute the Contract; and
authorized the staff to negotiate a project
change order to provide additional excavation from
the Upper Bay (Upper Newport Bay Early Action Plan
and California Department of Fish and Game Pilot
Marsh Restoration).
H. ORDINANCES FOR ADOPTION:
1. Ordinance No. 82 -6, being,
Ord 82 -6
Election/
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
Campaigns
OF NEWPORT BEACH AMENDING SECTION 1.25.030
(39)
•
OF THE NEWPORT BEACH MUNICIPAL CODE BY DELET-
ING SUBSECTION (B) REGARDING THE LIMITATION
ON CONTRIBUTION BY PERSONS SUPPORTING OR
OPPOSING BALLOT PROPOSITIONS,
�s
Volume 36 - Page 130
CITY OF NEWPORT BEACH
C UNCIL ME 8 RS MINUTES
Rnl I ('AI April 12, 1982
was presented for ,adoption.
Report dated March 22, 1982, from City Attorney,
ton
was presented.
M
x
Adopted Ordinance No. 82 -6.
All Ayes
I. CONTINUED BUSINESS:
1. Appointments to the NEWPORT BEAUTIFICATION CITIZEN
NB /CAC
ADVISORY COMMITTEE:
(24)
Motion
x
Confirmed the following appointments:
All Ayes
(District 2) Council Member Plummer's appoint-
ment of John Hughes; and
(District 7) Council Member Cox's appointment
of Richard Fox.
2. Report from Public Works regarding RECONSIDERATION
U/P 1717(A)/
OF ENCROACHMENT AGREEMENT AND DECLARATION OF
Lawrence
COVENANTS FOR NONSTANDARD IMPROVEMENTS IN THE
Encroach /Agm
PUBLIC RIGHT -OF -WAY ALONG MCFADDEN PLACE, OCEAN
(88)
FRONT, AND 21ST PLACE (USE PERMIT NO. 1717 AMENDED
was presented.
The City Clerk reported that a letter had been
received after the printing of the agenda, from
Eileen L. Rapp, 2108 W. Ocean Front, supporting
Richard Lawrence's project.
Mo on
x
Motion was made to reconsider the subject item at
Ayes
x
x
x
x
x
this time.
Noes
x
Richard Lawrence, Applicant, stated he was present
to answer questions of the Council. He displayed
a sample of the tile to be used around the build-
ing; and a sketch of the proposed street lamp.
Mr. Lawrence stated) that they are working on the
project seven days a week, and hopefully will
have the Ocean Front portion completed by May 15.
With respect to the maintenance of the tile, they
intend to have a cleaning man work after hours to
maintain the landscaping, tile and light fixtures.
During course of discussion, it was pointed out
that Mr. Lawrence had not signed the surety, agree-
ment, or posted the $75,000 as requested by the
Council on March 22, 1982.
Mr. Lawrence indicated that there had been a
misunderstanding with respect to the issuance of
the Building Permit, and he was not able to re-
view the subject agreement until just a few days
ago.
Volume 36 - Page 131
C UNCiL ME B RS
ROLL CALL
Motion
All Ayes
CITY OF NEWPORT REACH
MINUTES
April 12, 1982
In response to Council inquiry, Mr. Lawrence
stated that he was willing to have the $75,000
surety cover the added construction of nonstandar
improvements, which are being considered at this
time.
It was noted by the staff that when the surety
agreement is executed by Mr. Lawrence, and the
financial arrangements are made with the bank,
etc., the building permit would be issued for
the subject work.
X
Following discussion, motion was made to defer
action on the proposed encroachment agreement for
nonstandard improvements, until the surety agree-
ment has been executed and the $75,000 security
has been deposited to ensure completion of the
project as required by Council on March 22.
J. CURRENT BUSINESS: None.
K. ADDITIONAL BUSINESS: None.
Meeting adjourned at 10:12 p.m.
Mayor rro Tem
ATTEST:
City Clerk
Volume 36 - Page 132