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HomeMy WebLinkAbout09/27/1982 - Regular MeetingC i k UNCiL ME 8 RS ROLL CALL d+ 9 f - r REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: September 27, 1982 MINUTES [ 1W1 Present x x x x x x x A. ROLL CALL. on x B. The reading of the Minutes of the Meeting of yes September 13, 1982, was waived, approved as written, and ordered filed. Notion x C. The reading of all ordinances and resolutions All Ayes under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Heather opened the continued public hearing St. Andrews and City Council review of action taken by the Plan- U/P 822(A) ning Commission on June 24, 1982, to approve a (88) TRAFFIC STUDY, USE PERMIT NO. 822 (AMENDED) AND RESUBDIVISION NO. 723, applications of the St. Andrews Presbyterian Chruch, Newport Beach, to permit the construction of a new church facility in the R -1 and R -2 Districts at 600 St. Andrews Road, on property bounded by St. Andrews Road, Clay Street, and 15th Street, across from the Newport Harbor High School in Cliff Haven. Letters regarding St. Andrews Church proposal, were presented. The City Clerk advised that after the printing of the agenda, 14 additional letters had been received regarding the subject request. • Mayor Pro Tem Hart and Council Member Maurer, members of the St. Andrews Church Ad Hoc Committee, stated that several meetings had been held with representa- tives from the church, as well as community associa- tions. As a result of those meetings, the ad hoc committee recommended the following: 1) that the sanctuary be situated a minimum of 92 feet.from the curb line of Clay Street; 2) the sanctuary be a maximum of 46 feet in height; 3) there be a "minimum of 250 parking spaces on the site; 4) the nonoccupi.ed identification steeple, with a cross, may exceed the maximum height of 46 feet, subject to approval of the Planning Commission; 5) any square footage lost (resulting in the reduction of the steeple) be permitted at another location on the subject property; and 6) a revised site plan shall be approved by the Planning Commission in accordance with Section 20.01.070 of the Municipal Code. • Volume 36 - Page 278 L Motion • All Ayes • x MINUTES September 27, 1982 Milan Dostal, 1821 Tradewinds, representing the Applicant, advised that the conditions recommended by the ad hoc committee were acceptable to the church Peter Gendron, 519 Signal Road, member of Cliff Haven Community Association, expressed appreciation to the Council for the time and effort given to them re- lative to this project. Dr. John Huffman of St. Andrews Church thanked the ad hoc committee members, the City Council, Planning Commission and staff for their assistance. He stated that the church wants to be good neighbors and continue to serve the community. Joe Gallant, resident, stated that he lives directly across the street from the church, and if the sanctuary is now moved to the north side of the alley, as recommended by the ad hoc committee, he will request the trust officer for the Stanley famil to take a hold off their application in order that the church may proceed. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to sustain the actions of the Plan- ning Commission on Use Permit No. 822 (Amended), the Traffic Study, Resubdivision No. 723 and the Environ mental Document, subject to the conditions recom- mended by the St. Andrews Church Ad Hoc Committee, as set forth in the foregoing. Request was made by Council Member Strauss that the height of the steeple be subject to approval of the City Council, and there being no objections, it was included in the motion. The motion was voted on and carried. 2. Mayor Heather opened the public hearing and City Malazian Council review of action taken by the Planning Com- U/P 2089 mission on July 22, 1982, to approve USE PERMIT N0. (88) 2089, a request of GARY E. MALAZIAN, Newport Beach, to permit the construction of a four unit residen- tial condominium development and related garage facilities in the R -3 District. The proposal also included a request to allow a portion of the develop- ment to exceed the twenty -four foot basic height on the front one -half of the lot located in the 24/28 Foot Height Limitation District, and the accep tance of an Environmental Document. Report from the Planning Department, was presented. Gary Malazian, 4827 Courtland Drive, Applicant, stated that the staff had adequately covered his request in their report, and that he did not have ' any additional remarks. Volume 36 - Page 279 CITY OF NEWPORT BEACH COUNCIL ME B RS MINUTES \CALLPROLL �0 9 September 27, 1982 hl^. „ Harvey Pease, resident of 314 Carnation Avenue, Malazian stated that he was in the process of building a /P 2089 home at the above location which is opposite the • site of the proposed condominium project. He stated that he was opposed to the proposed increase in height because he felt it will interfere with his view of the Bay. Robert H. Rollins, 17711 Manchester Avenue, Irvine, engineer for Mr. Pease, stated he felt that Mr. Pease's property was in jeopardy as a result of the proposed project, and that the required height limit should be adhered to in order that Mr. Pease will have a reasonable view of the Bay. A model of the proposed four unit residential condo- minium development was displayed, wherein the staff pointed out the basic height of the building, and portions of the structure which exceed the 24 foot height limit. Mr. Rollins displayed a drawing showing a portion of the structure (corner), which Mr. Pease felt should be removed, or lowered in order to preserve the view from his property. Mr. Malazian stated that lowering the roof height and /or the height of the structure would not affect Mr. Pease's view, and that he would still have a view of approximately two - thirds of the Bay. Mr. Pease recommended the proposed project be referr- • ed back to the Planning Commission for redesign, reiterating again, that he felt the development would decrease his property value. In response to Council inquiry, Mr. Malazian stated that prior to the building being designed, he and his architect met with the Planning staff. As a result, the building was designed as "shallow" as possible, designed to "stay out of everyone's view;" and in his opinion, it is out of Mr. Pease's view. He felt Mr. Pease misunderstands where the building is going to be situated. He stated that Mr. Pease will be able to see two - thirds of the Bay from his property, and in addition, when all shrubbery has been removed for the condominium development, he felt Mr. Pease would have an even better view than before. Mr. Henry Moore, 423 Begonia, stated that he had read the staff report and noticed it had been determined that the :subject property was in a noncoastal bluff area. He indicated he felt it was in a coastal bluff area, and stated that his purpose for expressing his opinion was that this could set a precedent for other properties similar in nature. • Volume 36 - Page 280 COUNCIL Motion All Ayes • Motion All Ayes Motion All Ayes C I x x x MINUTES September 27, 1982 The City Manager stated that the determination of a coastal bluff was a value judgement and it was the staff's position before the Planning Commission that, although the site is part of a bluff located in the coastal zone, its orientation is in the northerly direction, as opposed to the westerly or southerly direction, and that it would be modified with the construction of Bayside Drive. Mr. Malazian stated that two soil companies have bored holes on the site and it was their opinion that the property was a canyon slope and not a coas al bluff. Following discussion, motion was made to continue the public hearing to October 12, 1982, with staff to report back on determination of coastal bluff. 3. Mayor Heather opened the public hearing on ORDINANCE NO. 82 -20, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 14.24.070 OF THE MUNICI- PAL CODE OF THE CITY OF NEWPORT BEACH ADDING THE EXPENSE OF UNPAID SEWER CHARGES SHALL BE THE OBLIGATION OF THE PROPERTY OWNER. Report dated September 13, 1982, from the Utilities Department, was presented. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Ordinance No. 82 -20. 4. Mayor Heather opened the public hearing regarding SPECIAL DISTRICT AUGMENTATION FUND. Report from the Finance Director, was presented. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to accept allocation of $1,780.00 to be disbursed to the Special District as recom- mended in the report. E. PUBLIC COMMENTS: 1. David Murphy, Campaign Director for Orange County/ Combined Health Agencies Drive (CHAD), addressed the Council and distributed brochures outlining its program. He stated that CHAD is a coalition of 16 national voluntary health agencies that do not be -. long to United Way. He listed the Cities in Orange County that participate in their program, and requested their organization be permitted to conduct a campaign fund drive for Newport Beach City Employees. Volume 36 - Page 281 Ord 82 -20 Sewer Chrg (74!40) Finance/ Spcl Dst Fnd (40) CHAD /Charity COUNCIL • Motion All Ayes • Ix .. :a, MINUTES September 27, 1982 There being no objections, the City Manager was directed to review the proposal and report back at the October 12 Study Session. It was suggested that the various employee associa- tions also look at the subject proposal. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION: Schedule for public hearing on October 12, 1982 - (a) Proposed Ordinance No. 82 -21, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ESTABLISHING INTERIM COASTAL DEVELOPMENT PERMIT PROCEDURES. (Report from the Planning Department) (b) Removed from the Consent Calendar. (c) Proposed Ordinance No. 82 -22, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.04 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE UNIFORM BUILDING CODE, 1979 EDITION. (Report from Building Director) (d) Proposed Ordinance No. 82 -23, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.05 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE UNIFORM MECHANICAL CODE, 1979 EDITION. (See report with Agenda Item F -1(c)) (e) Proposed Ordinance No. 82 -24, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.06 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE UNIFORM HOUSING CODE, 1979 EDITION.. (See report with Agenda Item F -1(c)) (f) Proposed Ordinance No. 82 -25, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.08 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE UNIFORM PLUMBING CODE, 1979 EDITION. (See report with Agenda Item F -1(c)) • 11111111 Volume 36 - Page 282 Ord 82 -21 Planning/ Coastal Dev (68) Ord 82 -22 Bldg Code (26) Ord 82 -23 Bldg /Mechancl Code (26) Ord 82 -24 Bldg /Housing Code (26) Ord 82 -25 Bldg /Plmbg Code (26) CITY OF NEWPORT REACH C \CA\LXk � S Syr MINUTES ROLL September 27. 1982 . ..� . - - uVucA (g) Proposed Ordinance No. 62 -26, being, Ord 82 -26 Bldg/Electrcl • AN ORDINANCE OF THE CITY OF NEWPORT Code (26) (26) BEACH AMENDING CHAPTER 15.12 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE NATIONAL ELECTRICAL CODE, 1981 EDITION. (See report with Agenda Item F -1(c)) (h) Proposed Ordinance No 82 -27, being, Ord 82 -27 Fire Code AN ORDINANCE OF THE CITY OF NEWPORT (41) BEACH AMENDING TITLE 9, CHAPTER 9.04 OF THE NEWPORT BEACH MUNICIPAL CODE BY ADOPTING THE 1979 UNIFORM FIRE CODE THERETO AND 'DELETING CHAPTERS 9.08, 9.16, 9.28 AND 9.40 FROM THE MUNICI- PAL CODE. (Report from the Fire Chief) Pass to second reading and adoption on October 12, 1982: (i) Removed from the Consent Calendar. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 82 -128 declaring the City of 28th St /Vac Newport Beach's :intention to vacate and aban- Res 82 -128 don excess right -of -way on 28th Street between (90) Newport Boulevard and Balboa Boulevard result- ing from Street realignment; adopting a map showing the area to be vacated; and setting the • date of October 25, 1982 for a public hearing thereon. (Report from Public Works) (b) Removed from the Consent Calendar. (c). Resolution No. 82 -129 establishing a "No Parking Parking /Prhb Tow Away Zone" extending from Central Avenue Res 82 -129 to Via Lido (excepting commercial loading zones) (63) and rescinding Resolution No. 82 -45. (Report from Traffic Affairs Committee) (d) Resolution No. 82 -130 establishing parking Parking/ restrictions for street sweeping on Balboa Restrctn Boulevard. (Report from Traffic Affairs Com- Res 82 -130 mittee) (63) (e) Resolution No. 82-131 establishing two -hour Parking /Prhb prohibited parking zones during school days on Res 82 -131 15th Street from Irvine Avenue to the alley. (63) (Report from Traffic Affairs Committee) (f) Resolution No. 82 -132 authorizing International Gimone's/ Bay Clubs, Inc., to sublet certain portions of Balboa Subls the Balboa Bay Club premises to Diane Myerson, Res 82 -132 dba "Gimone's" consistent with the rate of C -1473 (38) rental payments established by Resolution No. 9437. (Report from City Manager) • (g) Removed from the Consent Calendar. Volume 36 - Page 283 COUNCIL 0 • • CITY OF NEWPORT REACH MINUTES September 27, 1982 (h) Removed from the Consent Calendar. (i) Removed from the Consent Calendar. 3. CONTRACTS /AGREEMENTS - For approval: (a) Engineering Services Agreement with Robert Bein, William Frost & Associates; authorize the Mayor and City Clerk to execute subject agree- ment for design of Jamboree Road widening and sound wall westerly side of Ford Road to East - bluff Drive north (C- 2357). (Report from Public Works) (b) License Agreement with W. A. Rennakamp; author- ize the Mayor and City Clerk to execute subject agreement and have the agreement recorded with the Orange County Recorder, to construct timber retaining walls in the parkway at 3611 Ocean Boulevard. (Report from Public Works) (c) License Agreement for nonstandard improvements at 522 North Newport Boulevard (Site Plan Review No. 28); authorize the Mayor and City Clerk to execute subject agreement and to have the agree- ment recorded with the Orange County Recorder. (Report from Public Works - Eugene and Susan Spiritus Applicants) (d) Agreement for nonstandard street improvements in Tract 10987 with J. M. Peters Co.; authorize the Mayor and City Clerk to execute subject agreement and to have agreement recorded with Orange County Recorder. (Report from Public Works - Portion of Block 56, Irvine's Subdivi- sion located in the northeasterly corner of Jamboree Road and Ford Road) (e) Agreement for nonstandard street improvements in Tract Nos. 11449, 11450 and 11451 with the J. M. Peters Co.; authorize the Mayor and City Clerk to execute subject agreement and to have agreement recorded with the Orange County Recorder. (Report from Public Works - Portion of Block 56, Irvine's Subdivision generally bounded by Bison Avenue, Jamboree Road, Ford Road and MacArthur Boulevard) (f) Use Permit No. 1953 agreement (Aetna Life In- surance Company, c/o the Koll Company) guaran- teeing completion. of the public improvements with Use Permit No. 1953 (Hyatt Hotel); author- ize the Mayor and City Clerk to execute subject agreement. (Report from Public Works) 4. COMMUNICATIONS - For referral as indicated: (a) To staff for reply, letter from Alan L. Blum with suggestions regarding alleged traffic violators, newspaper recycling and airport management. Volume 36 - Page 284 Jamb Rd Wdng/ Bein,Frost C -2361 (38) 3611 Ocean B1 /Rennakamp C -2362 (38) Site Plan Rev #28 (84) Tr 10987 Tr11449/11450 11451 U/P 1953 (88) Blum /Rgst (76) CITY OF NEWPORT BEACH G UNCIL ME 8 RS MINUTES y �ro ROLL rA �e � September 27, 1982 unry (b) To staff for reply (copy to Council), letter Garbage /Trsh from President, 'West Newport Beach Association WNpt /57th St regarding cleanup of two City parking lots in (44) • West Newport; restrooms at 57th Street and the Santa Ana River area; and request for trash cans for West Newport Park. (c) To Public Works for reply (copy to Council), PW /St Impvm letter from Mrs. James Harrington and signed (82) by residents in the vicinity of 3329 -3431 Ocean Boulevard requesting repair /resurfacing of the in /out road on Ocean Boulevard. (d) To the Tidelands Affairs Committee for considers PW /Channel tion and reply, suggestions regarding the pro- Bridge posed expansion of the Arches Bridge over the (74) Newport Channel from the West Newport Beach Association. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Ted Ritter (Cruising World), Western Regional Manager, regarding the Newport Harbor Patrol. (b) Minutes of Local Agency Formation Commission of Orange County for August 25, 1982. (c) Applications of Southern California Gas Company before the Public Utilities Commission for: 1) Application 1182 -09 -10 to increase rates by $5,449,000 per year; 2) Application #82 -09 -12 (with Pacific Light- ing Gas Supply Company) to increase rates by $733,724,000 per year; 3) Application #82 -09 -19 to increase rates by $25,656,000 per year. 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Brenda Michelle Bilotta for damages sustained Bilotta on May 30, 1982, at San Joaquin Hills and Santa Rosa, alleging negligence of the defendants in the maintenance, design and construction of the intersection. (b) Trent Ray Harris for property damage sustained Harris on September 2, 1982 to his motorcycle which fell as result of new pavement collapsing at Santa Barbara Avenue (Police Dept, parking lot). (c) Linda K. Nissen for property damage sustained on Nissen August 19, 1982, on 700 -1/2 Begonia, alleging City crews using jack hammer caused window in her home to break. (d) Frederick B. 6 Pamela A. Scalzo for property Scalzo damage to her vehicle (broken windshield) sus- • tained on June 16, 1982, at Jamboree Road near Santa Barbara Avenue, as a result of golf ball hitting car from Irvine Coast Country Club. Volume 36 - Page 285 CITY OF NEWPORT BEACH C UNCIL ME 8 RS MINUTES s � o s s ROLL CALL �� 'A September 27 _ 1982 i uncv (e) State Farm Insurance for Akhtar Ali, alleging State Farm/ property damage sustained on August 6, 1982, Akhtar Ali on Superior Avenue, as a result of traffic accident with City vehicle. (f) Raul F. Vega for personal injuries allegedly Vega sustained as a result of stepping into hole in pavement surrounding water meter cover at 1413 E. Bay Avenue, on August 12, 1982. 7. SUMMONS AND COMPLAINTS - None. 8. REQUEST TO FILL PERSONNEL VACANCIES - For approval: (66) (Report from the City Manager) (a) One Equipment Mechanic I, General Services Department. 9. STAFF AND COMMISSION REPORTS - For Council informa- tion and approval: (a) Report from the Orange County Airport Aviation So.CA Rgnl Committee regarding SOUTHERN CALIFORNIA REGIONAL Arpt Auth AIRPORT AUTHORITY. (54) (b) Report from the Executive Assistant regarding O/C-John Wyn MASS TRANSIT STATION AT JOHN WAYNE AIRPORT. Arpt (54) (c) Report from Orange County Airport Aviation O/C -John Wyn Committee regarding the DRAFT 1982 AIR QUALITY Arpt /'82 Air MANAGEMENT PLAN REVISION. Qlty Pln Rev (54) (d) Report from Orange County Airport Aviation O/C-John Wyn Committee recommending COUNCIL POLICY B -2. Arpt Plcy (54) (69) (e) Report from Orange County Airport Aviation O/C-John Wyn Committee regarding REVISED AIRPORT POLICY Arpt P1cy (B -1). (54) (69) 10. PUBLIC HEARING SCHEDULING - For October 12, 1982: (a) APPLICATION OF MEDIX AMBULANCE SERVICE for a Medix Ambinc=- Certificate of Public Convenience and Necessity; (22) pursuant to Section 5.14.050 of the Newport Beach Municipal Code. (Report from the Assis- tant to the City Manager) (b) Removed from the Consent Calendar. 11. SIDEWALK REPLACEMENT ADJACENT TO MARINERS PARK AND Mariners Pk/ IN EASTBLUFF (C -2351) - Approve the plans and Sdwlk Rplcm. specifications; and authorize the City Clerk to C -2351 advertise for bids to be opened at 11:00 a.m. on (38) October 13, 1982. (Report from Public Works) 12. BALBOA BOULEVARD PAVEMENT SUBSEALING (C -2350) - Bal B1 Pvmt/ Approve the plans and specifications; and authorize Sbsealg the City Clerk to advertise for bids to be opened C -2350 at 2:30.p.m., on October 14, 1982. (Report from (38) Public Works) • Volume 36 - Page 286 C U ME B RS 8011 r ®I Jn� September 27. 1982 MINUTES - -- INDEX 13. Removed from the Consent Calendar. • 14. Removed from the Consent Calendar. 15. SOUND AMPLIFICATION PERMIT FOR CITY ARTS COMMIS- Permit /Sound p SION - Approve application for use of Eastbluff Ampl /EBlf Pk Park on October 3, 1982. (Report from Parks, (65) Beaches and Recreation) 16. ENVIRONMENTAL QUALITY CITIZENS ADVISORY COMMITTEE - EQCAC Accept resignation of Lucy de Mocskonyi with (24) regret; and direct the City Clerk to post vacancy notice. 17. BICYCLE TRAILS CITIZENS ADVISORY COMMITTEE - Accept BTCAC resignation of Kathleen A. Santilli with regret; (24) and direct City Clerk to post vacancy notice. 18. BUDGET AMENDMENTS - For approval: (25) BA -032, $4,200.00 Increase in Budget Appropria- tions for testing for asbestos fibers in the City water distribution system; Water Fund. BA -033, $43,290.00 Increase in Budget Appropria- tions for implementing of Phase II Computer Upgrade for seven months during 1982 -83; Data Processing Fund. (Report from City Manager) BA -034, $8,910.00 Increase in Budget Appropriations • for County Landfill Disposal (Refuse) Fees; Park and Recreation Fund. BA -035, $175,095.00 Increase in Budget Appropria- tions for County Landfill Disposal (Refuse) Fees; General Fund. (Report from General Services Department) BA -036, $2,875.00 Increase in Budget Appropriation for revenue received from the 1982 Juried Art Contest and Art Booth reservation; Nondepartmental Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Proposed Ordinance, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH Park Lido/ APPROVING A DEVELOPMENT AGREEMENT BETWEEN U/P 2021 THE CITY OF NEWPORT BEACH AND PARK LIDO, LTD. (88) .DEVELOPMENT AGREEMENT NO. 1, an agreement between the City of Newport Beach and Park Lido, Ltd. The City of Newport Beach has requested, and Park Lido Ltd, has agreed, to advance fifty percent of the cost of the installation of a traffic signal at the intersection of Hospital Road and Placentia Avenue in consideration of the City providing • Park Lido, Ltd, with continuance of their right to develop the property in accordance with the approved Traffic Study, and the acceptance of an Environmental Document. A modification in the City's Parking Standards is also requested to permit compact car parking on the site to be further approved by the City Traffic Engineer. (Renort from the Plannino nenartment) _ Volume 36 - Page 287 (0 CITY OF NEWPORT BEACH L ME B RS MINUTES y s &$, 9 September 27, 1982 Oon x Ayes x x xlxlll x x Noes x Motion All Ayes Motion All Ayes • Motion All Ayes Motion All Ayes • x x x was presented for introduction and public hearing scheduling on October 12, 1982. During course of discussion, Council Members indicated more time was needed to consider the implications of the subject issue, and therefore, motion was made to defer this item to November 8, 1982. 2. Proposed resolution establishing procedures and Ping /Dev Agm requirements for the consideration of development (68) agreements, with a report from the Planning Depart- ment, was presented. Motion was made to defer the subject item to the October 12 Study Session. 3. Proposed resolution changing the name of the 0/C Arpt Av Orange County Airport Aviation Committee to the Cmte John Wayne Airport Aviation Committee, with a (24) report from the Executive Assistant, was presented Motion was made to adopt Resolution No. 82 -133 changing the name of the Orange County Airport Aviation Committee to "Aviation Committee." 4. Proposed GENERAL PLAN AMENDMENT 82 -1, a request initiated by the City of Newport Beach to amend the Land Use and Residential Growth Elements and Maps of the Newport Beach General Plan for the North Ford Planned Community (property located northerly of Camelback Drive between Jamboree Road and Mac- Arthur Boulevard; zoned P -C), with a report from the Planning Department was presented and recom- mended for public hearing on October 12, 1982. Council Member Strauss indicated he felt this item was complex and needed further review prior to public hearing, and therefore, motion was made to defer this item to the October 12 Study Session. 5. Proposed resolution opposing an Initiative Measure entitled Water Resources Conservation and Effi- ciency Act appearing on the November 2, 1982 Gener- al Election ballot as Proposition 13, with a report from the Utilities Director, was presented. Motion was made to refer the subject item to the Environmental Quality Citizens Advisory Committee for report back on October 12, 1982. 6. Report from the Public Works Department recommend- ing the approval of grading concept Alternative No. 3, and directing staff to proceed with the environmental assessment and engineering for the OASIS PARK GRADING (C- 2316), was presented. In response to Council inquiry, the City Manager stated that an in -house environmental assessment will be prepared for this project, rather than a negative declaration. However, there may be some outside consulting needed for certain areas of expertise. The estimated cost to perform the environmental assessment will be between $500 and $700. Volume 36 - Page 288 Aviation Cmte Res 82 -133 GPA 82 -1 (45 Legislation (48) Oasis.Park Grading C -2316 (38) • Motion All Ayes • Motion All Ayes • x x CITY OF NEWPORT BEACH MINUTES Council Member Hummel talked about the scope of work, and stated he felt the surrounding residents should be notified of the project. Richard Nichols, President of Corona del Mar Community Association, stated that one of their requests would be to use the entire fill on the property, as they felt Alternative No. 3 was less than that. They would like to see that engineer- ing study done, as well as the recommended Alterna- tive No. 3. In reviewing the plan, they do not feel any views will be blocked by the project. He stated he does feel surrounding residents.should be notified of the proposed project, as suggested by Council Member Hummel. Following comments, motion was made to approve grading concept Alternative No. 3, and direct staff to proceed with environmental assessment and engineering. The environmental analysis to in- clude an additional. alternative with flatter grades and utilizing the additional 5,000 cubic yards that would have been exported under Alternative concept No. 3. 7. Proposed resolution of intention to amend Title 20 of the Newport Beach Municipal Code with regard to Electronic Video Games and the "Fun Zone," with a report from the City Attorney, was pre- sented. James (Buzz) Person, 605 W. Bay Avenue, Attorney representing four businesses within the "Fun Zone" district, addressed the Council and stated that historically speaking, video games have been on the subject property for several years. He stated that two of his clients have been paying substantial fees to the City for permits and licenses since inception of the business license regulations. They would like to see the "Fun Zone' district exempt from the requirement of a Use Permit for the reason that it appears to be "double taxation." In response to Council inquiry, the City Attorney stated that the existing ordinance does allow a waiver of the development standards if a showing can be made that the use will not create any . greater adverse impact than already exists. He felt that pursuant to the ordinance, there was a method in which an exemption could be made from the Use Permit process. He also felt the fee issue could be addressed separately without going back to the Planning Commission. Following discussion, motion was made to schedule a public hearing on October 12 to consider exempt- ing the "Fun Zone" district from the development standard requirements of Ordinance No. 82 -13, electronic video games. Volume 36 - Page 289 (94) MINUTES September 27, 1982 8. Proposed Ordinance, being, TrOcpncy Tx/ Incr AN ORDINANCE OF THE CITY OF NEWPORT (40) • BEACH TO INCREASE THE TRANSIENT OCCUPANCY TAX RATE FROM SIX PERCENT (6 %) TO EIGHT PERCENT (8 %), was presented with a report from the City Manager, for introduction. The City Clerk advised that after the printing of the agenda, a telegram had been received from the California Motel Association in Sacramento, oppos- ing the adoption of the proposed ordinance. Richard Luehrs, Executive Director, Newport Harbor Area Chamber of Commerce, stated that the proposed increase had been defeated twice by the electorate; that economic conditions are not good in the Orange County area; and that there is a decline in businesses. He urged the Council to not in- crease the transient occupancy tax rate at this time. He indicated he would address the Council again at the public hearing. Motion x Motion was made to introduce Ordinance No. 82 -28 Ord 82 -28 All Ayes and.set the item for public bearing on October 12, 1982. 9. A report from the Public Works Department regard- Vacation/ ing the CONVERSION OF TICONDEROGA STREET TO A Ticonderoga PRIVATE STREET, and recommending staff proceed with (90) the vacation; work with the community association and the residents.to prepare the material neces- sary for formal abandonment proceedings; and prepare an administrative fee estimate for Council consideration, was presented. Jim Huff, #8 Tribute Court, Newport Crest, address- ed the Council in opposition to the proposed pro- ject. He summarized a series of documents he had distributed among the Council. He stated that the persons who signed the petition for the project have no idea of the cost involved. He indicated he did not feel the homeowners association had . adequate funding to maintain Ticonderoga Street, should it be made private. He also felt that the petition did not represent accurate ownership. The Director of Public Works advised that if Ticonderoga Street were vacated, a great deal of documentation would need to be prepared, as well as the scheduling of a public hearing.. He stated that there has been represented to the staff a substantial concensus in the community in support of this project. He requested no action be taken on this item until the community has further reviewed the request and can better indicate that such a concensus does exist. • Volume 36 - Page 290" w` C AUL S MINUTES RDI I C INDEX Vance McCarty, Member of Newport Crest Community Association, addressed the Council and stated that it was their intention to have this project com- • pleted in three phases; i.e., 1) vacation of the street; 2) placement of a guard gate; and 3) instal- lation of a traffic signal at Ticonderoga Street and Superior Avenue. They intend to purchase a street sweeper for the maintenance of Ticonderoga Street. They feel.the maintenance cost will be minimum, inasmuch as Ticonderoga Street was just slurry sealed and the trees trimmed. Mr. McCarty stated that the petition in support of this project contains .82i of the residents and /or property owners. He further stated that the guard gate will not be installed until all residents are aware of the cost. Motion x Concern was expressed by Council Members that all All Ayes persons affected by the proposed project be fully informed of the cost, as well as an indication of community support, and therefore, motion was made to continue this item to November 8, 1982. H. ORDINANCES FOR ADOPTION: - None. I. CONTINUED BUSINESS: 1. ENVIRONMENTAL QUALITY CITIZENS ADVISORY COMMITTEE. EQCAC (24) Motion x Motion was made to defer (District 6) Council Member Ayes Hummel's appointment to fill the unexpired term of Judy Cooper, to October 12, 1982. .2. BICYCLE TRAILS CITIZENS ADVISORY COMMITTEE. BTCAC (24) Motion x Motion was made to confirm (District 3) Mayor Pro All Ayes Tem Hart's appointment of Steven L. Dobbie, to fill the unexpired term of Robert A. Patterson, ending December 31, 1982. 3. Report from Parks, Beaches and Recreation Director PW /City regarding CITY ENTRANCE SIGNS, was presented. Entrance Sgn: (85) It was pointed out that in March of this year, an informal committee of John Konwiser, Phil Tozer, Dr. Roger Morin, Jack Brooks and Ron Whitley was formed to develop concepts and a method whereby Newport Beach entry signs could be pursued. The City Manager summarized the staff report noting that the low bid of $15,248 would provide construc- tion and installation of seven signs at the follow- ing locations: Two on Pacific Coast Highway (east /west ends) Irvine Avenue at Santa Isabel Avenue Newport Boulevard at 15th Street MacArthur Boulevard and Jamboree Intersection Jamboree Road and Bristol Intersection • MacArthur Boulevard and Birch Avenue Volume 36 - Page 291 C UNCIL ME 8 RS yeas � ROLL CALL Sn �D September 27. 7QR2 MINUTES -- - INDEX The alternatives for Council consideration were: PW /City Entrance Sgns a) Approve a budget amendment for this • fiscal year of $15,580 to accommodate the project; OR b) Direct staff to include project in budget considerations for fiscal year 1983 -84; OR c) Request the committee to pursue dona- tions from the private sector to fund the project. Motion x Motion was made to request the committee to pursue donations from the private sector to fund the project. Roger Morin, Parks, Beaches and Recreation Commis- sioner, addressed the Council and stated he felt it would be difficult to solicit donations from the private sector for the signing. He also stated that the flag design submitted to the City Council is not part of the actual design. John Konwiser, member of the committee, addressed the Council and commented on the importance of City entrance signs. He also requested the Council to reconsider the motion to pursue donations from.the private sector. n x Substitute motion was made to approve a budget amendment for this fiscal year of $15,580 to accom- modate the project. Motion x Substitute motion was made to direct staff to includ this project in budget considerations for fiscal year 1983 -84. Ayes x x A vote was taken on substitute motion made by Noes x x x x x Council Member Strauss, which motion FAILED. Ayes x x x A vote was taken on substitute motion made by Mayor Noes x x x x Heather, which motion FAILED. Ayes x x A vote was taken on the original motion made by Noes x x x x x Council Member Hummel, which motion FAILED. Motion x Motion was made to approve the installation of the Ayes x x 11 x x x City Entrance Signs at the seven recommended loca- Noes x tions with the cost to be jointly shared by the City and the private sector. 4. Report from the SANTA ANA HEIGHTSANNEXATION Annexation/ COMMITTEE, was presented. SAna Hgts (21) Motion x Council Member Cox, Chairman of the Santa Ana Heights Annexation Ad Hoc Committee, summarized the subject report, and moved to refer the annexation to the homeowners association for local determina- tion and preparation of annexation documents, if local residents desire. Volume 36 - Page 292 CITY OF NEWPORT BEACH C UNCIL PAE B RS MINUTES s Zip' �� ROLL CALL Sip Q September 27, 1982 INDEX In response to Council inquiry, the City Manager stated it was the staff's understanding that the environmental assessment should be done either by the Local Agency Formation Committee, or the City of Newport Beach. However, the study could be funded by the people proposing the annexation. With respect to who would be financially responsible for the costs of preparing the annexation documents, it was indicated this issue would remain open for negotiations following determination of support for annexation. All Ayes The motion on the floor was voted on and carried. J. CURRENT BUSINESS: 1. ENVIRONMENTAL QUALITY CITIZENS ADVISORY COMMITTEE. EQCAC (24) Motion x Motion was made to defer (District 5) Council All Ayes Member Maurer's appointment to fill the unexpired term of Paula Godfrey to October 12, 1982. 2. Letter from Orange County Sanitation Districts con- 0/C Sanitatn cerning WAIVER FROM FULL - SECONDARY TREATMENT REQUIRE Dist /Clean- MENTS OF THE CLEAN -WATER ACT, was presented. Water Act (54) Report from the City Manager concerning costs, was presented. The City Manager stated that the subject letter from the District sets forth their request to the EPA, and that representatives of the District were present to answer questions of the Council. Fred Harper, General Manager of the Orange County Sanitation Districts, addressed the Council and stated that they do comply with the requirements of their National Pollutant Discharge Elimination System permit for the Districts' Joint Works facili- ties, in addition to the requirements of the Environmental Protection Agency and the State Regional Water Quality Control Board, even though they do not have full- secondary treatment, as defined by the EPA. Mr. Harper read a letter from John E. Bryson, who was Chairman of the State Water Resources Control Board in 1977, dated June 3, 1977, to the EPA Administrator, urging that the then - current second- ary treatment definition of the Federal Clean Water Act be modified for marine dischargers. Six months later, Congress approved the 301 (h) waiver pro- visions to the Federal Clean Water Act. The cur- rent monitoring program, which is required under our NPDES permit, indicates that the marine environ- ment offshore is healthy, therefore, they believe that the Districts should be issued the 301 (h) permit as tentatively approved by the EPA Adminis- trator. Volume 36 - Page 293 CITY OF NEWPORT BEACH C UNktpV 8 RS MINUTES G� ROLL CALL -P September 27, 1982 INDEX A sample of the blended wastewater discharged into 0/C Sanitatn the ocean from the Huntington Beach and Fountain Dist/Clean- Valley plants, was displayed. Water Act It was pointed out that the request for waiver to the Federal Clean Water Act must be approved by the EPA, as well as the State Regional Water Quality Control Board, and that the Districts' presentation of this issue to the Council was for informational purposes only. Council Member Hummel indicated that even though formal Council action was not required, he did feel this item should be reviewed by the Environmental Quality Citizens Advisory Committee. Jeff Horton, 314 Cabrillo Avenue, addressed the Council and urged that they not endorse the Districts' request for waiver. In response to question raised, Mr. Harper stated that the City of Newport Beach had the "best" treat- went of discharge into the ocean of any other coastal city of a large size. No further action was taken on this item. K. ADDITIONAL BUSINESS: None. The meeting was adjourned at 11:25 p.m. yo ATTEST: /J City Clerk Volume 36 - Page 294