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HomeMy WebLinkAbout07/12/1982 - Regular MeetingL CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: July 12, 1982 MINUTES Present x x x x x x x A. ROLL CALL. Motion x B. The reading of the Minutes of the Meeting of June x x x x x x 28, 1982, was waived, approved as written and as t ain x 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: 2. With respect to proposed ordinance pertaining to Residential Condominium Projects, (Agenda 'Item D -2) the City Attorney advised that he was still waiting for a legal opinion from the Fair Political Prac- tices Commission with regard to a possible conflict of interest on the part of a majority of Council Members, and therefore, recommended this hearing be continued to August 9, 1982. The Mayor asked if there were any persons wishing to give testimony on this item who could not attend on August 9, to which there was no response. Motion x Motion was made to continue the public hearing on All Ayes Agenda Item D -2 to .August 9, 1982. 1. Mayor Heather opened the continued public hearing and City Council review of an APPEAL BY FICKER AND RUFFING ARCHITECTS, NEWPORT BEACH, from the decision of the Planning Commission on April 22,1982, denying USE PERMIT NO. 1986, a request to permit • the construction of a single - family residential dwelling on property located in the C -1 -H District where a portion of the development exceeds the basic height limit within the 26/35-Foot Height Limitation District, and the acceptance of an Environmental Document. Property located at 1900 West Coast Highway, on the northerly side of West Coast Highway across from the Balboa Bay Club. Report from the Planning Department,.dated June 14, 1982, was presented. The City Clerk reported that after the printing of the agenda, a letter had been received from William P. Picker, Architect, for the proposed dwelling, dated July 12, 1982. William P. Picker, Architect, 610 Newport Center Drive, addressed the Council and displayed exhibits depicting the location of the subject property. He also showed slides of the site and pointed out relationships to the proposed building. Mr. Picker stated that since the filing of the appeal, endorsements of the project have been received from Cliff Haven Community Association, as well as the immediate neighbor, Dr. Rebal. SVolume 36 - Page 210 Zoning /Rsdntl Condo Prj PCA 568 (94) U/P 1986 Picker /Ruffg (88) CITY OF NEWPORT BEACH C L ME B RS MINUTES � DM i NA\1 y�'»G� � -i„1V 12- 1982 volume 3o - rage zii Mr. Ficker advised that he had included with his U/P 1986 letter some suggested additions to the conditions, (88) and one change to the conditions, should the Council agree that approval is warranted. He also encouraged the Council to accept suggested revision to Condition of Approval No. 6, on page 7 of the staff report. In conclusion, Mr. :Ficker stated that the parcel in question was "truly "a unique piece of property and the proper place for a Use Permit application. He did not feel approval would set a precedent and urged the Council to give favorable consideration. Thomas O'Keefe, Attorney representing Beverly Ray, of Beverly and Partner Antique Store, addressed the Council in opposition to the proposed project. He stated that Ms. Ray is directly affected by the project and they feel the proposed dwelling would be "ostentatious," and not good planning. He stated the application violates the 65 CNEL pro- vision, as well as the Council's policy on coastal bluffs. He urged denial of the request. Ron Rebal, 1821 Kings Road, and Jim Helfrich, 1831 Kings Road, addressed the Council in favor of the proposed project. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Following discussion, motion was made to sustain Ayes x the decision of the Planning Commission, which is x x x x x motion FAILED. ion x Motion was made to overrule the recommendation of the Planning Commission and grant the appeal, based on findings designated as Exhibit "B," including alternative Condition No. 6 (as set forth on page 7 of the staff report), suggested Conditions 28, 29 (Amended) and 30, and substitution of Condition No. 26 as requested.. The Director of Public Works suggested Condition No. 28 be amended to read: "28. That no additional structure, except for public improvements, be built westerly of the proposed dwelling unit. That the owner provid a covenant for the above, satisfactory to the adjacent property owner, Dr. Rebal. Council Member Cox recommended Condition No. 29 be revised to read as follows: "29. The owner is aware that the proposed dwelling will be built in a commercial zone, and next to an arterial highway, and that the owner, lessee, heirs, successors and assigns, will not actively oppose the normal activities or construction anticipated in such commercial zoning or highway right -of- way." A0 x x x x x x Council Member Strauss agreed to the suggestions, Noes x and the motion was voted on and carried. volume 3o - rage zii L CITY OF NEWPORT BEACH July 12, 1982 MINUTES 82 -13 o Games/ 572 3. Mayor Heather opened the public hearing regarding Ordinance No. 82 -13, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH • _ AMENDING TITLES 5 AND 20 OF THE NEWPORT BEACH MUNICIPAL CODE TO REGULATE ELECTRONIC VIDEO GAME MACHINES, Planning Commission Amendment No. 572, a request initiated by the City of Newport Beach to consider amendments to Title 5 and Title 20 of the Newport Beach Municipal Code establishing regulations pertaining to the operation and location of elec- tronic video game machines in the City of Newport Beach. Report from the Planning Department, was presented. Discussion ensued with respect to the proposed restrictions, which would regulate the location and operation of video games as enumerated on page 2 of the staff report. Marjorie Malloy, 620 W. Balboa Boulevard, represent- ing Newport Elementary School PTA Board, addressed the Council in support of the ordinance. She stated, however, that she felt the ordinance needed to be strengthened and suggested that video game machines not be permitted within one -half to one mile from any school. In response to Ms. M'alloy's comments, the City Attorney advised that the problem with a footage • requirement placed under the code, is that it sets out a locational restriction and becomes a legal problem. He stated that this has been challenged in other areas and the restrictions were struck down by the courts. Elaine Linhoff, 1760 E. Ocean, stated she felt the ordinance was unnecessary and unenforceable. She also felt it was a waste of City funds and time. John Rutlidge, 419 E. Balboa Boulevard, stated that he was opposed to the ordinance and felt the City was currently "saturated" with electronic game= Donald R. Dean, 501 :Park Avenue, stated he owns a restaurant on Balboa Island which has video games, and he has not had a problem with the children who visit his business. He feels problems result from youths 18 years old and upward, who are in to drugs, alcohol, etc. Hearing no others wishing to address the Council, the public hearing was closed. Volume 36 - Page 212 82 -13 o Games/ 572 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES ti 9 �` �� � S�9G ROLL C,6LL V � July 12, 1982 Motion x Following comments by Council Member Maurer, refer- ance was made to the recommended regulations on page 2 of the staff report, Items Nos. 1 through 7. Motion was made to modify the subject ordinance, • and reintroduce on July 26, with the deletion of movie theatres from Item No. 1, and deleting Item No. 7 in its entirety. In addition, City Attorney to prepare appropriate language which would state that the Planning Commission, or City Council may provide for review of the use permit within a specified period of time, subject to review of the permit by the staff. Motion x Motion was made to amend the ordinance to provide Ayes x x x x x that no electronic video game machines shall be Noes x x permitted within 1,500 feet of any public or private educational institution, which motion carried. Ayes x x x x x x The motion on the floor was voted on and carried. Noes x 4. Mayor Heather opened the public hearing regarding Ord 82 -14 Ordinance No. 82 -14, being, Time -Share Prj /Zoning AN ORDINANCE OF THE CITY OF NEWPORT BEACH PCA 573 AMENDING TITLES 3 AND 20 OF THE NEWPORT BEACH (94) MUNICIPAL CODE TO REGULATE THE DEVELOPMENT OF TIME-SHARE PROJECTS WITHIN THE CITY OF NEWPORT BEACH, Planning Commission Amendment No. 573, a request initiated by the City of Newport Beach to consider amendments to Titles 3 and 20 of the Newport Beach • Municipal Code establishing regulations pertaining to time -share developments in the City of Newport Beach. Report from the Planning Department, was presented. It was noted that the basic characteristics of the ordinance were outlined on pages 1 and 2 of the staff report. As an alternative course of action, a copy of a suggested ordinance prohibiting time- share uses within the City, was included for consideration. Dick Hogan, 436 Vista Puerota, addressed the Council and stated he was only representing him- self at this time. He stated that he recently returned from a trip to Hawaii where he investi- gated the use of time- shares and related some of what he experienced. He felt that time -share uses were very similar to hotel uses, and recommended that time -share projects be eliminated from the ordinance in the R -3 and R -4 zones. Motion N During Mr. Hogan's presentation, he was granted an All Ayes additional five minutes to conclude his remarks. • Volume 36 - Page 213 L Motion Ayes is ain • X X CITY OF NEWPORT BEACH MINUTES July 12, 1982 Mr. Hogan also recommended that Section 20.76.040, Modification or Waiver of Development Standards, be deleted from the proposed ordinance and that minimum standards be adopted if time -share uses are ap- proved. In addition, he suggested that the Council eliminate the requirement that the applicant sub- mit copies of a substantially complete application to the California Department of Real Estate for a Final Subdivision Public Report. He felt the City Attorney could determine if the application complies with the laws of the State. The following persons addressed the Council in opposition to the proposed ordinance: William Fundenberg, 808 W. Balboa Boulevard William Shaver, 127 Via Nice John Dryden, 3326 Via Lido Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to :introduce Ordinance No. 82 -14, prohibiting the development of time -share projects within the City, and to direct the City Attorney to prepare supplemental findings for consideration on July 26, 1982. Council Member Cox stated that he was going to abstain from voting for personal reasons. The motion was voted on and carried. 5. Mayor Heather opened the public hearing and City Council review of action taken by the Planning Commission on June 10, 1982, to approve a TRAFFIC STUDY, USE PERMIT NO. 2080, VARIANCE NO. 1092, AND RESUBDIVISION NO. 724, applications of J.B.S. DEVELOPMENT, CLAREMONT, which would allow the construction of a retail commercial /office struc- ture and related parking areas on the "FUN ZONE" site which is bounded by Palm Street, East Bay Avenue, Washington Street, and Edgewater Place on Newport Bay in the Central area; zoned C -1. Report from the Planning Department, was presented. The City Clerk advised that after the printing of the agenda, nine letters had been received in favor of the "Fun Zone" project from the following residents: Dorothy Hardcastle, June Charles, Marilyn Bunhardt, June Brown, Kenneth Tingey, Chriss Street, Mary Reuland, Patricia Rumbellow, and Paul Franklin. Ms. Coralee Gapastione, Urban Strategy, represent- ing the project applicant, addressed the Council and stated they have been working on the proposal for over one year. She felt the development would blend harmoniously with the pavilion and revitalize the "Fun Zone" area. Volume 36 - Page 214 U/P 2086 "Fun Zone" (88) CITY OF NEWPORT BEACH C UNCIL ME 8 RS MINUTES ROLL CALL Sn �D July 12 _ 1982 - - INDEX The Council viewed a slide presentation of the site, U/P 2080 and the proposed project. "Fun Zone" • James Salter, 1028 Ocean Front, President of JBS Development, stated that the "Fun Zone" project has been a community effort and that he was very pleased and proud of the final design. He also felt the development will meet economic requirements. A. Z. Taft, Vice President of the Balboa Island Improvement Association, stated that their associa- tion saw the same slide presentatioD,which received an overwhelming response, and they recommend approv- al to the Council. Carol South, President, Newport Harbor Area Chamber of Commerce, submitted a letter in favor of the project. She stated that the "Fun Zone" plan has received broad support from area citizens, com- munity associations, and business groups. She urged the Council approve the plan. Peter Boss (no address given), inquired about the naming of the walkways within the "Fun Zone," and suggested consideration be given to parking stickers for local residents. Buzz Person, 60511 W. Bay Avenue, President of Balboa Improvement Association, addressed the Council in support of the project. He stated, however, that the association felt that, in the event of structural damage to any of the buildings in ques- tion, the property owner be permitted to rebuild on the same footing with the same parking require- ments. In response to Council inquiry regarding bonding, the City Attorney Bide reference to pages 146 and 147 of the staff report, which was a memorandum from the Assistant City Attorney, and which address- ed the points raised by Mr. Person. The City Attorney stated that basically adjoining property owners would be eligible for compensation in the event of damage to their property; however, it is the opinion of their office that the City would be without power to grant to adjoining property owners any particular right of reconstruction, or to waive any of the provisions of the Newport Beach Munici- pal Code. John Rutlidge, 419 Balboa Boulevard, addressed the Council in favor of the project. He expressed his concerns regarding parking problems.in the area, and suggested consideration be given to further development of other parking areas on the peninsula Ed Cusby, 505 E. Bay Avenue, stated that due to the fire which destroyed the Balboa Rendezvous Ballroom there is nowhere in the immediate area to dance. He suggested some thought be given to providing a place for dancing within the proposed project in • order to preserve that part of the cultural heri- tage. Volume 36 - Page 215 • Motion All Ayes eon All Ayes 11 x CITY OF NEWPORT BEACH MINUTES 12, 1982 Billie Gabriel, 2880 Bayshore, stated that she was a long -time resident and very much in favor of the "Fun Zone" project. Nancy Ridenshaw, 1240 W. Balboa Boulevard, stated she felt the project would increase traffic, and suggested a shuttle be considered with parking off the peninsula. Coralee Gapastione, in response to earlier comments advised that one of the conditions of approval was the placement of a traffic signal at Palm and Balboa Boulevard. In addition, they are in the pro cess of doing a very thorough traffic study of the entire area. At this time, motion was made to continue the hearing to July 26, 1982. E. PUBLIC COMMENTS: 1. Buzz Person, 605;1 W. Bay Avenue, President of the Building/ Balboa Improvement Association, addressed the Palm St Council regarding the Balboa Hotel on Palm Street Hotel which had been destroyed by fire recently. The City Manager responded that the property owner of the subject parcel had been notified and it was anticipated the building will be demolished and removed this week. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Schedule for Public Hearing on July 26, 1982: (a) Proposed Ordinance No. 82 -15, being, AN ORDINANCE OF THE CITY OF NEWPORT BEAC AMENDING A PORTION OF DISTRICTING MAP NO 65 FROM THE P -C DISTRICT TO THE P -C /MHP DISTRICT, Planning Commission Amendment No. 574, a request initiated by the City of Newport Bea to amend a portion of Districting Map No. 65 from the P -C District to the P -C /MHP Distric being that portion of the Irvine Subdivision more commonly known as the De Anza Mobile Ho, Park which is generally bounded by Newport B, on the north and west, Newport Dunes on the east, and East Coast Highway on the south. (Report from the Planning Department) (b) Proposed Ordinance No. 82 -16, being, AN ORDINANCE OF THE CITY OF NEWPORT BEA AMENDING TITLE 5, CHAPTER 13, SECTION 1 (F) OF THE NEWPORT BEACH MUNICIPAL CODE CONCERNING INCREASE IN IMPOUND FEES REGARDING TOWING CHARGES. (Report from City Manager) Volume 36 - Page 216 Ord 82 -15 P -C /MHP Zong PCA 574 (94) Ord 82 -16 Towing Chrgs (70) CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES ROLL CALL °1 - July 12, 1982 INDEX (c) Proposed Ordinance No. 82 -17, being, Ord 82 -17 Towing Hrs AN ORDINANCE OF THE CITY OF NEWPORT BEACH (70) • AMENDING TITLE 5, CHAPTER 15, SECTION 110 (C) OF THE NEWPORT BEACH MUNICIPAL CODE CONCERNING CHANGE IN BUSINESS HOURS REGARDING CITY TOWING FIRM. (See report with Agenda item F -1(b)) 2. RESOLUTIONS FOR ADOPTION: (a) Removed from the Consent Calendar. (b) Resolution No. 82 -104 certifying the results Elections/ of the Special Election held June 8, 1982 (Bed Bed Tax (39) Tax). Res 82 -104 (c) Resolution No.,82 -105 approving the Memorandum NB Police of Understanding negotiated by representatives M -O -U of the Newport Beach Police Employees Associa- Res 82 -105 tion and the City's representatives. (Report C -2056 from Personnel) (38) (d) Resolution No. 82 -106 approving the Memorandum NB Fire Fghtr of Understanding negotiated by representatives M -O-U of the Newport Beach Fire Fighters Association Res 82 -106 and the City's representatives. (Report from C -2060 Personnel) (38) 3. CONTRACTS /AGREEMENTS FOR APPROVAL: (a) Approve Cooperative Agreement (No. 082 -40) O/C-Bike Trl • with the County of Orange for construction of Constr the Irvine Avenue Bike Trail (C- 2381), and C -2342 authorize the Mayor and City Clerk to execute (38) said agreement. (Report from Public Works Department) (b) Approve Agreement for Funding of Four Cities 4- Cities Trsp Transportation Study, and authorize the Mayor Study and City Clerk to execute said agreement. C -2343 (Report from Public Works- Traffic Engineering) (38) (c) Approve and authorize the City Manager to , PacMut /Empl enter into an Agreement with Pacific Mutual Health Ins. for Indemnity Health and Dental Plan, and C -2344 Group Life and Accidental Death and Dismember- (38) ment Insurance for Employees, effective August 1; and authorize termination of Contract No. 1735 with Prudential Insurance effective July 31, 1982. (Report from Person- nel Director) 4. COMMUNICATIONS - For referral as indicated: (a) Removed from the Consent Calendar. • Volume 36 - Page 217 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES 9 � �� 9� yy9G 9 ROLL CALL �e July 12, 1982 INUtA (b) To staff for preparation of a development U/P 2021 /Prk agreement, letter from Dennis O'Neil, McDon- Lido Tfk Sig ough, Holland & Allen, Attorneys, regarding Park Lido, Ltd, and installation of traffic (88 & 85) signal at Hospital Road and Placentia Avenue. (c) To Personnel Department for inclusion in their Personnel/ records, letter from former employee Richard Retiremt Pln W. Heinecke regarding health plan to include (66) retirees. (d) To Pending Legislation and Procedural Ethics Resolutions/ Committee, Resolution of the City of Seal Seal Beach Beach requesting the State to fund certain (77) portions of the costs of the 911 Emergency Telephone System. (e) To Fire Department for reply, letter from Ron Fire /Paramed Jackson, Newport Beach regarding combined (41) services by Costa Mesa and Newport Beach Paramedics. (f) To Pending Legislation and Procedural Ethics Legislation/ Committee, request from City of Anaheim con - AB 2660 cerning AB 2660 (South Coast Air Quality (48) Management District). (g) To City Clerk for reply, letter of Willard 0/C Housg Wade requesting approval for appointment by Comsn the League of California Cities to the Housing (54) Commission of the Orange County Housing Author ity. • 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Copy of letter to the Planning Department regarding request from H. E. Kelley for confirmation of zoning at 3336 Via Lido. (b) Letter from Al "King Alfonso" Lizanetz re- garding his ongoing campaigns against the Seagram's Family and cancerous diseases. (c) Letter from Corona del Mar Chamber of Commerce President James B. Wood, thanking the City and participants of the lst Annual Corona del Mar Scenic 5K. (d) Letter of thanks from Bobby Lovell on behalf of the Committee convening the Conference on Homeless Women. (e) Letters of thanks from Veronica M. Young, and James C. Rowe for allowing the Christian new- wave concert to take place on the beach at 51st Street, on Friday, June 25. (f) Minutes of Local Agency Formation Commission of Orange County-for June 9, 1982. • (g) Application before the Public Utilities Com- mission of 24 -Hour Airport Express, Inc. Volume 36 - Page 218 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES ?i ROLL CALL �j+� •p July 12, 1982 INDEX 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Anton J. Boett:o for property damage, alleging Boetto broken window and screen sustained from base- ball during City league game at Ensign Play - ground on June: 9, 1982. (b) Bennett Ira Goldberg for reimbursement of Goldberg personal belongings allegedly taken by police department and not returned when he was arrested on.April 25, 1982. (c) Sybille Kemble for reimbursement of plumbing Kemble bill due allegedly to sewer lateral breaking in street at 1,730 Newport Hills Drive on May 28, 1982. (d) Kurt W. Rietsch for property damage and per - Rietsch sonal injuries allegedly due to City service truck hitting his vehicle while waiting for a red light at Pacific Coast Highway at Superior on June 23, 1982. (e) Gary Stein fox property damage alleging his Stein vehicle was struck by City police vehicle at 47th Street on May 1, 1982. (f) Robert V. Walker for personal injuries alleged Walker ly sustained from City Police Officers while arrested on March 20, 1982. (g) Kendall F. Haven for reimbursement of print Haven • displayed at Balboa Branch Library approxi- mately from June 14 to June 27, which fell from the wall and was destroyed. 7. SUMMONS AND COMPLAINTS - For confirmation of the City Clerk's referral to the claims adjuster: (a) Patricia Ann Ailes' First Amended Complaint Ailes for Damages, Orange County Superior Court, Case No. 37- 68 -39. Claim was filed with City on December 10, 1981, and denied by Council on January 11, 1982. (b) Faye Bram for damages, Orange County Superior Bram Court Case No. 376103. Claim was filed with the City January 4, 1982 and denied by Council on January 12, 1982. 8. REQUEST TO FILL PERSONNEL VACANCIES - For approval: ° (Report from the City Manager) (a) One Chief Building Inspector, Building Depart- ment. (b) One Maintenance Man I (Concrete), General Services Department. Volume 36 - Page 219 CITY OF NEWPORT BEACH MINUTES July 12, 1982 (c) One Police Clerk I, Police Department. (d) One Personnel Clerk, Personnel Department. • 9. STAFF AND COMMISSION REPORTS: For Council information and filing - (a) Report from the Assistant to the City Manager Teleprompti regarding TELEPROMPTER -GROUP W CABLE MERGER. CATV (42) (b) Removed from the Consent Calendar. For Council information and approval - (c) Removed from the Consent Calendar. 10. PUBLIC HEARING SCHEDULING: None. 11. BUDGET AMENDMENTS - For approval: (25) BA -001, $640.00 Transfer of Budget Appropriations for Special Trash Pickup for Peninsula Point for September 25, 1982; General Services - Refuse Fund. (Letter from General Services Director) G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from the Traffic Affairs Committee regarding A/B St Pkg PARKING METERS INSTALLED IN THE A AND B STREET Meters PARKING LOTS, was presented. (63) Council Member Plummer stated that she felt the • percentage configuration of the blue and silver meters in the A and B Street lots should be re- viewed as a result of recent public input and petitions received from residents in the area. Buzz Person, 605;5 W. Bay Avenue, President of Balboa Improvement Association, stated that when the meters were installed, it was his understanding that the lots would provide more public parking for more people. He stated it would be difficult to satisfy all those who use the lots, and indicated that they would live: by whatever decision was made with respect to the meter percentage configuration. He also indicated hat did not feel the purpose of the lots was to provide residential parking. Georgia Mahoney, 814 E. Ocean Front, corner of A Street parking lot, discussed the parking problem with the lots and stated that she was just one of many in the area who does not have a garage or a parking space. She stated that the A and B lots are full the majority of the time, and it was very difficult to find a parking space in either lot. She stated that the A Street lot begins to fill up at 4 a.m. with fishermen, then the beach - goers. She felt the residents got the "short -end" of the stick when the meters were installed, and urged the Council to reconsider their request for a • change in the percentage configuration. Volume 36 - Page 220 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES tiG 9� ROLL CALL n� ^D July 12, 1982 INDEX Motion x All Ayes Following discussion, motion was made to approve the configuration of 50% blue meters in the and • B Street parking lots, with the request that staff monitor and report back when deemed appropriate. 2. Letter from the Mayor OPPOSING THE APPLICATION OF Sta Ana Hgts/ THE GENERAL PLAN IMPLEMENTING ZONING DISTRICT AND Annex (21) THE NEGATIVE DECLARATION FOR SANTA ANA HEIGHTS, was presented. Motion x Motion was made to add a sentence at the close of All Ayes the letter stating, "We respectfully request your response to each of the fundamental issues raised in this letter." 3. A letter from Virginia L. Fouts regarding ONE -WAY TAC /Hazel Ave TRAFFIC ON HAZEL AVENUE, was presented. (85) Council Member Hummel stated that he responded to Mrs. Fouts regarding her statements to the press, which he felt were an irritant to him. He stated that he felt the Council's action to make Hazel Avenue one -way north of Pacific Coast Highway, was appropriate, inasmuch as hearings were held before the Traffic Affairs Committee and the City Council. He stated, for the record, that he felt he repre- sented his constituents in a democratic process, with public hearings as required. Motion x Motion was made to refer the subject letter to the All Ayes Traffic Affairs Committee for reply, with copy to City Council. • 4. Proposed resolution establishing a Housing Task CD /Block Gr Force to investigate the City's participation in Mrtg Rvnu Bnd the Community Development Block Grant and Mortgage Prg /Housing Revenue Bond Programs, with report from the Plan- Task Force ning Department, were presented. (68) Motion x Motion was made to adopt Resolution No. 82 -103, and All Ayes amend page 2 of subject resolution to reflect that the Housing Task Force Committee shall consist of two Council Members and the Mayor, or the Mayor Pro Tem, and two Planning Commissioners. There being no objections, Council Members Cox and Maurer were appointed as the Council's represen tatives. Planning Commissioners King and Balalis were also appointed.. I. CONTINUED BUSINESS: Mayor Heather requested Agenda Item I -1, regarding Election/ the Referendum for GPA 81 -1 be considered at this GPA 81 -1 time. Referendum (39) 1. Report dated June 7, 1982, with supplemental re- port from the City Attorney regarding REFERENDUM GPA 81 -1 (BANNING - NEWPORT RANCH), was presented. • Volume 36 - Page 221 Motion Ayes Noes ion All Ayes Motion Ayes Noes on Ayes Absent L 1x11 xlIx CITY OF NEWPORT BEACH MINUTES 12, 1982 Motion was made to adopt proposed resolution rep ing Resolution No. 82 -41, which approved General Plan Amendment 81 -1, which motion FAILED. Motion was made to adopt Resolution No. 82 -107, Calling and Giving Notice of a General Municipal Election. Motion was made to select the ballot language (designated as Option 2), which reads: "Shall Resolution No. 82 -41, approving the Banning/Newport- Mesa Unified School District General Plan Amendment 81 -1, be repealed ?" and to adopt Resolution No. 82 -108, requesting the Board of Supervisors of the County of Orange to Consolidate a regular Municipal Election of the City to be held on November 2, 1982 with the Statewide General Election to be held on said date pursuant to Section 23302 of the Elections Code. Louise Greeley, Chairperson.for West Newport Legis- lative Alliance, spoke in favor of Option No. 3 for the ballot language, stating she felt the wording was more "clear- cut." Allan Beek, 2007 Highland Avenue, also spoke in support of Option No. 3. The motion on the floor was voted on and carried. Motion was made to appoint Council Members Maurer and Cox to prepare the argument for the ballot measure, and to adopt Resolution No. 82 -109. In addition, the City Clerk was directed to transmit a copy of the measure to the City Attorney to pre- pare an impartial analysis. Mayor Heather excused herself from the meeting at this time, and Mayor Pro Tem Hart took the Chair. Loren Greeley, 16 Swift Court, addressed the Coun and indicated he felt the developer for the Banni Newport Ranch project should have been present to make a statement regarding the ballot measure. H. ORDINANCES FOR ADOPTION: 1. Ordinance No. 82 -7, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.40.055 AND 11.08.040 OF THE NEWPORT BEACH MUNICIPAL CODE REGARD- ING "PARKING OF CERTAIN VEHICLES IN RESIDEN- TIAL DISTRICTS AND RESIDING IN VEHICLES," was presented for adoption. • I I I I I I I I Volume 36 - Page 222 Res 82 -107 Res 82 -108 Res 82 -109 Ord 82 -7 Pkg /Cml Veh/ Trailers (63) x x x x x x x x x 1x11 xlIx CITY OF NEWPORT BEACH MINUTES 12, 1982 Motion was made to adopt proposed resolution rep ing Resolution No. 82 -41, which approved General Plan Amendment 81 -1, which motion FAILED. Motion was made to adopt Resolution No. 82 -107, Calling and Giving Notice of a General Municipal Election. Motion was made to select the ballot language (designated as Option 2), which reads: "Shall Resolution No. 82 -41, approving the Banning/Newport- Mesa Unified School District General Plan Amendment 81 -1, be repealed ?" and to adopt Resolution No. 82 -108, requesting the Board of Supervisors of the County of Orange to Consolidate a regular Municipal Election of the City to be held on November 2, 1982 with the Statewide General Election to be held on said date pursuant to Section 23302 of the Elections Code. Louise Greeley, Chairperson.for West Newport Legis- lative Alliance, spoke in favor of Option No. 3 for the ballot language, stating she felt the wording was more "clear- cut." Allan Beek, 2007 Highland Avenue, also spoke in support of Option No. 3. The motion on the floor was voted on and carried. Motion was made to appoint Council Members Maurer and Cox to prepare the argument for the ballot measure, and to adopt Resolution No. 82 -109. In addition, the City Clerk was directed to transmit a copy of the measure to the City Attorney to pre- pare an impartial analysis. Mayor Heather excused herself from the meeting at this time, and Mayor Pro Tem Hart took the Chair. Loren Greeley, 16 Swift Court, addressed the Coun and indicated he felt the developer for the Banni Newport Ranch project should have been present to make a statement regarding the ballot measure. H. ORDINANCES FOR ADOPTION: 1. Ordinance No. 82 -7, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.40.055 AND 11.08.040 OF THE NEWPORT BEACH MUNICIPAL CODE REGARD- ING "PARKING OF CERTAIN VEHICLES IN RESIDEN- TIAL DISTRICTS AND RESIDING IN VEHICLES," was presented for adoption. • I I I I I I I I Volume 36 - Page 222 Res 82 -107 Res 82 -108 Res 82 -109 Ord 82 -7 Pkg /Cml Veh/ Trailers (63) CITY OF NEWPORT BEACH C UNkd18Pn'P\0 RS a ni i r®i i Julv 12. 1982 MINUTES INDEX m/ l= Report dated June 28, 1982 from Assistant to the City Manager, was presented. Letter from Newport Crest Homeowners Association • regarding Recreational Vehicle Ordinance, was presented. The City Clerk advised that after the printing of the agenda, a letter was received from Ralph Bonds, opposing the ordinance. Ralph Bonds, 312 St. Andrews Road, spoke in oppo- sition to the ordinance. He stated that he felt the ordinance was unnecessary due to the small number of recreational vehicles in the City. It was pointed out by the City Council that storage and encampment of recreational vehicles was the primary concern and purpose of enacting the ordi- nance. Motion x Motion was made to adopt Ordinance No. 82 -7, and All Ayes accept and approve an Environmental Impact Document (Negative Declaration). I. CONTINUED BUSINESS: 2. ENVIRONMENTAL QUALITY CITIZENS ADVISORY COMMITTEE. EQ /CAC (24) Motion x Motion was made to defer (District 2) Council All Ayes Member Plummer's appointment to fill the unexpired term of David Goff (who.was appointed to the Plan- ning Commission), ending December 31, 1982, to July 26, 1982. 3. APPEAL OF STAFF'S DENIAL BY RICHARD JORDAN TO Encroac h ENCROACH 3'8" into public right -of -way at 209 East Jordan Bay Front, Balboa Island. (65) Report dated June 14, 1982 from the Public Works Department, was presented. Letter from Little Balboa Island Property Owners Association regarding the appeal, was presented. It was noted that the Appellant was not present. Motion x Motion was made to uphold the recommendation of All Ayes the staff and deny the appeal. J. CURRENT BUSINESS: 1. APPEAL OF STAFF'S DENIAL BY MR. AND MRS. LEONARD Sidewalk / W. MILLER FOR BRICK SIDEWALK AND DRIVEWAY, SUBJECT Constr TO APPROVAL OF USE OF NON -SKID BRICK at 501 W. Miller(8C Edgewater, Newport Beach. Report from the Public Works Department, was presented. • Volume 36 - Page 223 m/ l= Motion All Ayes 0 CITY OF NEWPORT BEACH MINUTES July 12, 1982 Letter from Leonard W. Miller regarding his appeal, Sdwlk /Drvwy was presented. Miller Leonard Miller, Appellant, presented photographs of the.property in question, and a sample of the type of brick proposed to be used for the sidewalk and driveway approach. The Director of Public Works advised that when this type of an encroachment has been approved in the past, it has been subject to the terms of a main- tenance agreement, whereby the property owner agrees to install the improvements in accordance with City requirements and specifications, and to bear the cost of the maintenance should it be nec- essary, including deterioration of the surface, and the need to transfer utilities. He stated the agreement is also recorded and binding on the successors and interests of the property owner and would run with the land. Mr. Miller stated that he would be agreeable to entering into a maintenance agreement, as set forth by the Director of Public Works. Following discussion, motion was made to approve the application, subject to the execution of an encroachment agreement for the nonstandard improve- ments, and further, that the property owner be responsible for a maintenance agreement, which would run with the property and binding its succes- sors and including a hold harmless provision. In addition, the curb and adjacent street to be repaired, as volunteered, by the property owner. K. ADDITIONAL BUSINESS: - None. L. The meeting was adjourned at 12:45 a.m., July 13, 1982. ATTEST: Volume 36 - Page 224