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HomeMy WebLinkAbout01/24/1983 - Regular MeetingREGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: January 24, 1983 MINUTES IND X Present x x x .x x x x A. ROLL CALL. M on x B. The reading of the Minutes of the Adjourned eyes Meeting of January 4, and Regular Meeting of January 10, 1983, was waived, approved as written, and order filed. Motion 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 Hart opened the public hearing and City U/P 3013 Council review of USE PERMIT NO. 3013, a Pease request of HARVEY D. PEASE AND BOMELL PEASE, (88) Corona del Mar, approved by the Planning Commission on December 9, 1982, to allow the construction of a fourth level observation deck on an existing duplex in the R -3 District which exceeds the basic height limit on the rear one -half of the lot in the 28/32 Foot Height Limitation District. Property located at 314 Carnation Avenue, on the easterly side of Carnation Avenue, between Seaview.and Bayside Drive in Corona del Mar. Report from the Planning Department was presented. The City Manager summarized the nine (9) conditions of approval as recommended by the Planning Commission. He stated that the staff is recommending waiver of Condition No. 7, which requires "that the owner tender an irrevocable offer of dedication for that portion of the abandoned Carnation Avenue located on the subject property.1P . Harvey Pease, 304'k Collins Avenue, Applicant, addressed the Council and requested 15 minutes in which to make his presentation. Motion x Motion was made to grant the request and there being no objections, it was so ordered. Mr. Pease made reference to each of the nine conditions of approval, indicating he felt. Conditions No. 5 and 8 were 1°unreasonable." He also indicated he had complied with some of the conditions. He urged the Council approve the Use Permit, subject to the waiver of certain conditions. Motion x Hearing no others wishing to address the All Ayes Council, motion was made to close the public hearing. Motion x Motion was made to sustain the decision of the • Planning Commission as recommended. Vnl„mo q7 90 Motion 0 Motion Ayes Noes Motion All Ayes All Ayes • ,0 x x x x �7ji Ed MINUTES January 24, 1983 Substitute motion was made to sustain the /P 301D decision of the Planning Commission, with the deletion of Condition No. 7, and with the requirement that the Applicant shall finance one -half of the guardrail to be installed at the Carnation Avenue street end. Mr. Pease approached the podium and indicated he wished to be heard again. Motion was made to grant Mr. Pease an additional three minutes for comments. Mr. Pease responded to remarks of Council Member Heather relative to request of Gary Malazian (Use ;Permit No. 2089) to develop property across from Mr. Pease on Carnation Avenue. Motion was made to close the public hearing. The motion on the floor was voted on and carried. 2. Mayor Hart opened the public hearing and City Council review of USE PERMIT NO. 3011 AND RESUBDIVISION NO. 737, requests of ALEJANDRO BULAJICH AND N.V. TXOMIN, Balboa Island, approved by the Planning Commission on December 9, 19132, to reclassify property and allow construction of a three - story, commercial /residential condominium structure which exceeds the basic height limit in the 26/35 Foot Height Limitation District. The proposal also includes a modification to the Zoning Code so as to allow the use of a substandard parking aisle width with wider- than - standard parking spaces. Property located at 411 and 413 -30th Street, on the northerly side of 30th Street between Newport Boulevard and Villa Way, in Cannery Village; 0"Iff 3. Public hearing regarding ORDINANCE NO. 83 -5, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 8 TO RECLASSIFY PROPERTY FROM THE M -1 (MANUFACTURING) DISTRICT TO THE C -1 (LIGHT COMMERCIAL) DISTRICT, PLANNING COMMISSION AMENDMENT NO. 581, a request initiated by ALEJANDRO BULAJICH AND N.V. TXOMIN, Balboa Island, to amend a portion of Districting Map No. 8 so as to reclassify property from the M -1 District to the C -1 District, and the Volume 37 - Page 30 /P 3011/ esub 737 (88) 1 83 -5 1 /C -1 (94) IPCA 581 MINUTES imi R 9 i acceptance of an Environmental Document. Property U/P 3011/ located at 413 -30th Street, on the northerly side Resub 737 of 30th Street between Newport Boulevard and Villa • Way, in Cannery Village. Ord 83 -5 PCA 581 Reports from the Planning Department were presented. Brion S. Jeannette, Architect, representing the Applicant, addressed the Council and explained elevations and drawings on display. Mr. Jeannette stated that due to the reduction in size of the proposed building, as recommended by the Planning Commission, they have a loss of 1342 square feet which they feel is a tremendous hardship and puts the project in jeopardy. Mr. Jeannette stated that existing zoning ordinances allow: C -1 Development @2 x Buildable= 9960 sq.. ft. CR Development @1.5 x Buildable= 7470 sq. ft. Proposed Project is 1.27 x Buildable= 6322 sq. ft. It was noted that 1 x Buildable= 4980 sq. ft. Mr. Jeannette commented that if it is the intent of the Planning Commission to reduce the total buildable area, it should be done through the public hearing process, rather than "spot down zoning." Mr. Jeannette submitted a letter in support of the project from Los Angeles Federal Savings, Newport Beach office, 3201 Newport Boulevard. In conclusion, Mr. Jeannette requested that Condition No. 2 be deleted which places a limit of 1.0 times the buildable area on the subject property. Alex Bulajich, Applicant, addressed the Council in support of his request. He stated that the building was designed within the requirements of the Zoning Code for the area, but was reduced in buildable area by the Planning Commission. He displayed photographs of businesses on 30th Street. He stated the building would be an asset to the community, and urged its approval. • R 9 i MINUTES INDEX_ U/P 3011/ Resub 737 Ord 83 -5 PCA 581 Ord 83 -6 Recreatul/ Zoning (94) PGA 578 The following persons addressed the Council in favor of the proposed project: • Susie Ficke:r, 110 Ninth Street Sharon Hare, 631 Promontory Drive Jose Maria Sanchez - Pagano, 310 Ruby Ave. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to modify the decision of the Planning Commission by substituting 1.27 x Buildable in Condition No. 2. Ayes x x x Discussion ensued with respect to parking in Noes x x x x the area, the new concept of mixed use, etc., and following consideration, the motion was voted on and FAILED. Motion x In view of the foregoing, motion was made to Ayes x x x x x sustain the decision of the Planning Noes x x Commission based on the findings and conditions designated as Exhibit "A," regarding USE PERMIT NO. 3011 AND RESUBDIVISION NO. 737. Motion x Motion was made to adopt Ordinance No. 83 -5, All Ayes amending a portion of Districting Map No. 8. 4. Mayor Hart opened the public hearing regarding ORDINANCE NO. 83 -6, being, • AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING CHAPTER 20.75 (ELECTRONIC VIDEO GAME MACHINES) OF THE NEWPORT BEACH MUNICIPAL CODE AND AMENDING CHAPTER 20.87 (DEFINITIONS) BY ADDING THERETO, SECTION .264, (RECREATIONAL ESTABLISHMENT), DEFINING TERM, USE OR PURPOSE, PLANNING COMMISSION AMENDMENT NO. 578, a request initiated by the City of Newport Beach to repeal Chapter 20.75 and amend Chapter 20.87 of the Newport Beach Municipal Code, and the acceptance of an Environmental Document. Report from the Planning Department was presented. Dick Nichols, 51.9 Iris Avenue, addressed the Council, and made reference to a restaurant /bar in the area where four of five electronic video games are located, and cited problems which the video games have created. Mr. Nichols was requested to contact the staff with the location, wherein staff .could investigate and report back. Mn x Motion was made to adopt Ordinance No. 83 -6. Al Ayes - Vnlnma 17 — Pneu 19' INDEX_ U/P 3011/ Resub 737 Ord 83 -5 PCA 581 Ord 83 -6 Recreatul/ Zoning (94) PGA 578 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES 61 0 RAi i PAS � tn,�'Q�tPS January 24, 1983 INDEX 5. Mayor Hart opened the public hearing regarding Ord 83 -7 ORDINANCE NO. 83 -7, being, Park Lido/ ev • AN ORDINANCE OF THE CITY OF NEWPORT BEACH /P 202 2021 APPROVING A DEVELOPMENT AGREEMENT BETWEEN (88) THE CITY 01' NEWPORT BEACH AND PARK LIDO, LTD., DEVELOPMENT AGREEMENT NO. 1 - The City of Dev Agm 1 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. Report from the Planning Department was presented. Letter from Margot Skilling was presented. It was noted by the City Manager that while the Development Agreement does not change any use of the property or intensity of • development beyond that previously approved, it does guarantee City approval of the project over a three year period and substantial savings in excavation and construction costs of the subterranean garage by the use of the compact parking stalls. Both of these guarantees are extremely beneficial to the developer. In exchange for these benefits, the staff would suggest that Park Lido be required to pay.one hundred percent of the construction and installation costs of the traffic signal. One -half of this sum ($40,000) would be paid to the City prior to the award of the contract for installation of the signal, and the other one -half would be paid to Hoag Hospital as reimbursement costs prior to the issuance of grading and building permits. Consistent with this recommendation, Section 5B (Page 4) of the Agreement, should be amended accordingly. Dennis O'Neil, representing the Applicant, stated that they would like to proceed with the agreement as originally intended; however, if they are required to pay 100% of the construction and installation of the traffic signal, then they would request it be approved • on that basis. lie reminded the Council that Volume 37 - Page 33 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES \CAI o ROL L \January Z 24_ 14R3 lunew the contribution of Park Lido, Ltd., with respect rd 83 -7 to the traffic signal, was voluntarily submitted Park Lido and not a requirement on the part of the City. In Dev Agm addition, the design of the structure was limited to two - stories with all subterranean parking, to satisfy some of the concerns of the people living in the area. Margot Skilling, 6610 West Ocean Front, addressed the Council in opposition to the proposed development agreement. She stated that a traffic signal was badly needed at the subject location, and she was not opposed to development agreements in general. However, she did not feel a development agreement should be predicated on a traffic signal. She referred to her letter of January 14, 1983, wherein she suggested the Council read the Traffic Study prepared by J.E.F. Consultants, in which they state a 25,000 sq. ft. medical building proposed by Mallard could not pass the City's Traffic Phasing Ordinance. She stated that this proposal is on Superior Avenue approximately one block from the 65,00 sq. ft. addition requested by Park Lido. Susan McBrien, 1812 Antigua Circle, addressed the Council relative to the Park Lido Traffic Study, and clarification of Council Member Strauss's motion on May 24, 1982, which stated: • "...that this item be brought back to the Council for review, if it is determined that there is a deviation from the zoning regulations which is traffic related, an which would impact on the findings of the existing traffic study." Mrs. McBrien indicated she felt the Traffic Study needed further study, as well as certain items in the Negative Declaration and Initial Study. Michael Stephens, Administrator, Hoag Hospital, addressed the Council regarding the traffic signal, stating their initial offer of $40,000 to cover a portion of the cost was made in hopes it would speed the installation. He stated that the subject intersection was "treacherous," ,and cited recent accidents. With respect to the proposed development agreement, he stated that they have not taken a position. Maurice Graham, Building Manager of Newport Medical Plaza across the street from Park Lido, addressed the Council and stated he was not opposed to the proposed building; however, he did have some concerns with respect to . parking, which lie expressed. He indicated he was primarily concerned with adequate parking during the nine months of construction. Volume 37 - Paee 34 , xM6 _. Janu 1 Mot Mot Aye Noe • • MINUTES 24. 1983 INDEX e 37 P 35 um - age Mrs. McBrien addressed the.Council again O Ord 83 -7 _ r regarding the handling of modifications to the P Park Lido Development Agreement, to which the Acting D Dev Agm ® D City Attorney responded. Hearing no others wishing to address the Council, the public hearing was closed. ion x x M Motion was made to adopt Ordinance No. 83 -7, approving Development Agreement No..l between the City of Neport Beach and Park Lido, Ltd., with the stipulation that the developer pay 50% of the traffic signal installation as originally agreed to. Council Member Plummer suggested that staff share dialogue with Hoag Hospital relative to the feasibility of an alternate route from Pacific Coast Highway to the hospital, which she felt would alleviate a great deal of traffic on Hospital Road. ion x x F Following comments by Council of the motion on a x x x x x x x x x x t the floor, substitute motion was made to adopt s x x x x O Ordinance No. 83 -7, approving Development Agreement No. 1 between the City of Newport Beach and Park Lido, Ltd., with the provision that the developer pay 100% of the construction and installation costs of the traffic signal, which motion carried. At the suggestion of Council Member Strauss, and there being no objections, the Traffic Study for Park Lido, Ltd., is to be placed on the February 14 Study Session agenda for further review, pursuant to his motion made on May 24, 1982, and as set forth in the foregoing. Dennis O'Neil addressed the Council again and stated that when the motion was made on May 24, 1982 to approve the Traffic Study for the Park Lido project, Council Member Strauss did state, if in fact there was to be any modification to the project which would have some impact on the traffic, that the project would come back to the Council. He stated that he did not think this was to be included as part of the Traffic Study itself. 6. Mayor Hart opened the public hearing G G&W Ofcl regarding APPLICATION OF G & W TOWING FOR P Police Tow OFFICIAL POLICE TOW CONTRACT, PURSUANT TO C C -2148 NEWPORT BEACH MUNICIPAL CODE SECTION 5.15.040. ( (38) Report from the City Manager regarding renewal of the Official Police Tow Service Agreement with G & W, was presented. Wayne Miller, Operator, G & W Towing, Inc.,. addressed the Council and stated he was available for any questions. 1101 e um - age CITY OF NEWPORT BEACH COUNCIL MEMBERS Rnt I all � ��G�S January 24, 1983 MINUTES INDEX Volume 37 — Page Jb Hearing no others wishing to address the Council, the public hearing was closed. Mo x Motion was made to adopt Resolution No. 83 -11 Res 83 -11 A 110 es amending Resolution No. 9702 by approving renewal of the contract with G & W Towing for Official Police Towing Services. E. PUBLIC COMMENTS: 1. Robert Caminiti, 110 -30th Street, addressed the Council and read the Optimist Creed. F. CONSENT CALENDAR: Motion x The following actions were taken as indicated, All Ayes except for those items removed: 1. ORDINANCES FOR INTRODUCTION: Set for Public Hearing on February 14, 1983: (a) Proposed ORDINANCE NO. 83 -10, being, Ord 83 -10 Open Space/ AN ORDINANCE OF THE CITY OF NEWPORT Zoning BEACH .AMENDING SECTIONS 20.11.040 (94) AND 20.15.080 OF THE NEWPORT BEACH MUNICIPAL CODE AS THEY PERTAIN TO REVISIONS OF THE OPEN SPACE REQUIREMENTS FOR RESIDENTIAL DEVELOPMENT, AND THE ACCEPTANCE OF • AN ENVIRONMENTAL DOCUMENT (PLANNING COMMISSION AMENDMENT NO. 582): PGA 582 (Report from the Planning Department) Pass to second reading, and adoption on February 14, 1983: (b) Removed from the Consent Calendar. (c) Proposed ORDINANCE NO. 83 -11, being, Ord 83 -11 Tfk /Bayside AN ORDINANCE OF THE CITY OF NEWPORT Dr =E1 Paseo BEACH DESIGNATING THE SECTION OF (85) BAYSIDE DRIVE FROM EAST COAST HIGHWAY TO EL PASEO DRIVE AS A 35 MPH ZONE. (Report from Traffic Engineer) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 83 -12 authorizing the CdM /Freewy Mayor and City Clerk to execute an Res 83 -12 Agreement to allow for the construction G -2374 of the extension of the Corona del Mar (38) Freeway. (Report from Public Works) (b) Resolution No. 83 -13 amending Resolution Bldg Mntnc/ No. 82 -7 by approving rate increases for Universal Building Maintenance in PD & Libry Res 83 -13 connection with Janitorial Services for C -2049 the Police Department and City Library (38) Facilities. (Report from the City Manager) Volume 37 — Page Jb CITY OF NEWPORT BEACH COUNCIL MEMBERS Rol _1 \r\ $�'� 'pGS� January 24, 1983 MINUTES INnFY VlUme if - rage it (c) Resolution No. 83 -14 designating certain Annex No.89/ uninhabited territory designated as San SJoaquin Res ® Joaquin Reservoir Annexation No. 89 as Res 83 -14 undeveloped property pursuant to the (21) Master Property Tax Transfer Agreement between the County of Orange and the City of Newport Beach. (Report from Executive Assistant to the City Manager) 3. CONTRACTS/AGREEMENTS: None. 4. COMMUNICATIONS - For referral as indicated: (a) To staff for reply, suggestion from Rosa Misc Rqsts Basso regarding bus bench /location on (76) Balboa Boulevard; and for information, clippings regarding door -to -door canvassing conducted by City of Placentia Officials. (b) To staff for response, complaint of Mr. CATV /Grp W and Mrs. Edward V. E. Richardson (42) regarding alleged poor reception /service by Group W Cable, Inc. (c) Removed from the Consent Calendar. (d) To.staff for response, request for Planning analysis and comments regarding potential (68) impact of bailout revenues on the.City of Newport Beach, as a result of the ® proposed plans for handling the State's 1982 -83 deficit and the 1983 -84 Budget, from State Senator John Seymour. (e) To Planning Department /Planning Oasis Commission for response, request from (62) President, :Friends of Oasis, regarding inclusion of Geriatric Health Education Center within scope of OASIS. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Public meeting invitation from Orange County Environmental Management Agency regarding San Joaquin Hills Transportation Corridor Route Location Study - Phase II, for January 18, 25, and 26, 1983. (b) Minutes of Local Agency Formation Commission, Orange County, for December 8, 1982. (c) Orange County Division, League of California Cities Calendar of 1983 meetings. VlUme if - rage it MINUTES January 24, 1983 lunry (d) Application of Advanced Mobile Phone Service, Inc. and the Los Angeles SMSA Limited Partnership before the State Public Utilities Commission. (e) Letter from Bill McCahill concerning the City's oil operation. 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Robert Gershman alleging property damage Gersbman as a result of police vehicle colliding with rear of claimant's vehicle on Backbay and Eastbluff Drives on September 27, 1982. (b) Robert J. : Lorenzetti alleging property Lorenzetti damage to 32' boat as result of boat slip breaking away causing claimant's boat to be locked between two slips and steel piling at :Balboa Yacht Basin on December 1, 1982. (c) Daniel G. :Rear alleging property damage Rear as a result of claimant's vehicle involved in accident with City refuse truck on Newport Boulevard on January 5, 1983. ' (d) Judy Sloan alleging personal emotional Sloan distress, invasion of privacy, etc., as result of Police Department responding to telephone complaint on November 1, 1982 (e) Joe and Ann Smith alleging property Smith damage to 'boat as a result of boat dock breaking loose during recent wind and rain storm at Balboa Yacht Basin on November 30, 1982. For rejection - -not timely filed: (f) Late claim of Michael James Hall for Hall personal property replacement, alleging bicycle which had been taken as evidence on June 21, 1982, not returned. (g) Late claim of St. Andrews Village St. Andrews Condominium Association, alleging City Village Utilities Department backed backhoe into Condo /Assn garage at 497 St. Andrews Place in June, 1982, during repair of water lines. 1 7. SUMMONS AND COMPLAINTS: None. Volume 37 - Page 38 MINUTES INDEX Volume 37 - Page 39 8. REQUEST TO FILL PERSONNEL VACANCIES - For (66) approval: (Report from the City Manager) • (a) One Typist Clerk II, Fire Department. (b) One Animal Control Officer, Police Department. (c) One Equipment Mechanic II, General Services. (d) One Utilities Leadman, Utility Department. 9. STAFF AND COMMISSION REPORTS - For Council approval: (a) Removed from the Consent Calendar. (b) Removed from the Consent Calendar. (c) Status report regarding RICK LAWRENCE U/P 1717 (Report from City Attorney's Office). (88) (d) Status report regarding AQUATIC CENTER o. Star Bch/ (Report from City Attorney's Office). quatic Ctr (62) (e) CONTRACT WITH CITY OF PALM SPRINGS ON finance /Pkg PCMS COMPUTER SYSTEM (Report from City ntrl Citn Attorney's Office). (40) (f) Authorization to retain consultants for /C -John Wyn certain studies consistent. with Council Airport Policy B -2. (Report from Executive (54) Assistant to the City Manager) 10. PUBLIC HEARING SCHEDULING: None. 11. RESUBDIVISION NO. 684 - Approve a subdivision Resub 684 agreement guaranteeing completion of the (84) public improvements required with Resubdivision 634 (1511 and 1525 Superior Avenue, on the northwesterly side of Superior Avenue between 15th Street and 16th Street in the West Newport Triangle); authorize the Mayor and City Clerk to execute the Agreement; and release the temporary cash deposit for Labor and Materials Surety and Faithful Performance Surety in the amount of $14,000. _ (Report from Public Works) 12. ACCEPTANCE OF I14PROVEMENTS IN RESUBDIVISION Resub 630 NO. 630 PARCEL 1 OF PARCEL MAP 81 -06 (84) (RESUBDIVISION 485) AND A PORTION OF BLOCK 93 IRVINE'S SUBDIVISION (2301 San Joaquin Hills Road, on the southerly side of San Joaquin Hills Road between MacArthur Boulevard and San Miguel Drive, adjacent to Harbor View Hills) - Accept the public improvements constructed in conjunction with Resubdivision No. 630; and • authorize the City Clerk to release the Faithful Performance Bond No. YS 808 -6534 and the Labor and Material Bond No. YS 808 -6534 in six months, provided no claims have been filed. (Report from Public Works) Volume 37 - Page 39 COUNCIL MEMBERS � A OLL CAL �'� �p �if9 January 24, 1983 MINUTES INDEX 13. ACCEPTANCE OF IMPROVEMENTS IN RESUBDIVISION Resub 721 NO. 721 (2934 East Coast Highway, on the (84) northeasterly side of East Coast Highway, • between Iris and Heliotrope Avenues, in Corona del Mar) - Accept the public improvements constructed in conjunction with Resubdivision No. 721; and authorize the City Clerk to release the Faithful Performance Cash Surety ($1,150 deposited into Account No. 02- 217 -02 on June 7, 1982) and the Labor and Material Cash Surety ($1,150 deposited into Account No. 02- 217 -02 on June 7, 1982), in six months, provided no claims have been filed. (Report from Public Works) 14. UPPER NEWPORT BAY EARLY ACTION PLAN AND Upr Npt Bay/ CALIFORNIA DEPARTMENT OF FISH AND GAME PILOT EAP 6 FshGm MARSH RESTORATION (C -2276) - Authorize the C -2276 Mayor and City Clerk to execute an Agreement (38) with J. W. Mitchell Company to extend Contract No. 2276; accept the work completed to date (all work in Upper Newport Bay and San Diego Creek); remaining final placement and compaction of spoil material in Site "A" disposal area; and authorize the City Clerk to file a Notice of Partial Completion. (Report from Public Works) 15. SAN MIGUEL PARK (C -2358) - Approval to SMiguel Pk reschedule bid opening date from 10:30 a.m. on C -2358 February 2, to 10:30 a.m. on March 3, 1983. (38) (Report from Public Works), 16. NEWPORT AND BALB'OA PIERS MISCELLANEOUS REPAIRS Npt /Balb 1982 -83 (C -2366) - Approve the plans and Piers Rprs specifications; and authorize the City Clerk C -2366 to advertise for bids to be opened at 11:00 (38) a.m. on February, 9, 1983. (Report from Public Works) 17. IRVINE AVENUE STREET AND BIKEWAY IMPROVEMENTS Irvn Ave/ (C -2318) - Approve the plans and Bkwy Impvms specifications; and authorize the City Clerk C -2318 to advertise for bids to be opened at 3:00 (38) p.m. on February, 15, 1983. (Report from Public Works) 18. ACCEPTANCE OF RESIGNATION FROM LIBRARY BOARD Bds /Cmsns OF TRUSTEES - From Thomas C. Edwards with Library Bd regret. (Vacancy notice posted by the City (24) Clerk's Office). 19. BUDGET AMENDMENTS - For approval: BA (25) BA -050, $1,095.00 - Transfer in Budget Appropriations for annual bulky item trash pickup on Balboa Island; General Services - Refuse Fund. • Volume 37 - Pwoa 40 COUNCIL MEMBERS G �°� �� January 24, 1983 MINUTES INDEX Volume 37 - Page 41 BA -051, $20,000.00 - Increase in Budget Appropriations and Revenue Estimates for donations from Friends of OASIS and County of • Orange to provide shuffleboard courts at OASIS; Parks, Beaches and Recreation- Senior Citizen Fund. G.. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. COUNCIL MEMBER PLUMMER'S REQUEST to attend City Cnel National League of Cities Conference in (33) Washington, D. C., March 5 -8 with a report from the City Manager, was presented. Council Member Strauss inquired as to the agenda /program for the conference, to which Council Member Heather commented that she had attended the annual legislative conference in the past, and found it to be interesting, worthwhile and very helpful to the City. She recommended Council Member Plummer attend. Council Member Plummer stated that she had not attended any conferences in the past year, and she felt there were a number of items which should be looked into and "lobbied" that affect Newport Beach. She stated she would be paying for her meals, taxi, etc. [lotion x In view of the foregoing comments, motion was All Ayes made to approve the.request. • 2. Report from Parks, Beaches and Recreation, B &R regarding SPONSORSHIP OF FOOT RACING SERIES (62) WITH ASICS TIGER CORPORATION, was presented. Mntion x Council Member Strauss indicated he did not want to start co -- sponsorship with commercial - sponsored activities as proposed in the report. He stated he felt it would not be the mark of a "first- -class City;" and therefore, made a motion to not approve the recommendation. Council Member Heather noted, that the proposed program would be for a period of one year only; on a trial basis; and it would be closely observed and evaluated at the end of that year. She recommended the Council support the request. °yes x x x x The motion on the floor was voted on and ' =s x x x carried. 3. Proposed ORDINANCE being, AN ORDINANCE OF THE Tfk /Lrkspr CITY OF NEWPORT BEACH DECLARING FIFTH AVENUE A & Jasmin ONE -WAY STREET, EASTBOUND BETWEEN LARKSPUR AND (85) JASMINE AVENUES, was presented with a report from Traffic Affairs Committee. • Volume 37 - Page 41 Motion • "11 Aye :--tion '11 Aye r 1 - = -tion ?_1 Aye :•ation 11 Aye • Y &W-f. Ili 2 January 24, 1983 MINUTES INnFY x Motion was made to not introduce the subject ordinance, but to post "caution" signs in both directions at the corner of the subject location, designating "One Lane Roadway." Richard Nichols, President, Corona del Mar Community Association, addressed the Council, advising that their association voted unanimously to oppose the request to make Fifth Avenue a cone -way street between the subject streets. He stated that the Eucalyptus tree at the corner located on City property is causing the problem and should be looked at with a view towards removal. es The motion on the floor was voted on and carried. 4. Inquiry from Corona del Mar High School Plann ing/ student Lisa C. Sadler regarding growth and Growth development, especially in Newport Beach, was (68) presented. x At the request of Mayor Pro Tem Maurer, motion 's was made to refer subject inquiry to him for reply, with a carbon copy to the City Council. H. ORDINANCES FOR ADOPTION: 1. ORDINANCE NO. 83 -8, being, Ord 83 -8 fk /Speed AN ORDINANCE OF THE CITY OF NEWPORT BEACH Limit AMENDING SEICTION 12.24.100 OF THE NEWPORT (85) BEACH MUNICIPAL CODE BY ADDING FLAGSHIP AVENUE AND DANA ROAD TO THE 25 MPH PRIMA FACIA SPEED LIMIT DESIGNATION, was presented for second reading, with report dated January 10, 1983, from Traffic Affairs Committee. x Motion was made to adopt Ordinance No. 83 -8. s 2. ORDINANCE NO. 83 -9, being. rd 83 -9 fk /Veh Towg AN ORDINANCE OF THE CITY OF NEWPORT BEACH (85) AMENDING THE PROVISIONS OF SECTION 12.20.020 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING APPROPRIATE SIGNS FOR VEHICLE TOWS FROM PRIVATE PROPERTY, was presented for second reading, with report dated January 10, 1983, from the Traffic Engineer. x Motion was made to adopt Ordinance No. 83 -9. s I. CONTINUED BUSINESS: 1. APPLICATION OF RICK HORMUTH to construct Kings Rd/ nonstandard improvements in public liormuth Nstd right -of -way adjacent to 607 Kings Road (EP Impvms 81 -244), with a report from Public Works, was (80) presented. Volume 37 - Page 42 Motion All Ayes 0 Motion All Ayes • 0 x X I 24, 1983 MINUTES Motion was made to approve the subject application, with the condition that Applicant agrees not to remove or alter the existing rolled curb; and that prior to said work, Applicant execute an indemnity agreement prepared by the City to be recorded with the Orange County Recorder. 2. Appointments to the Citizens Advisory Committees for a one -year term expiring December 31, 1983 (appointed by Council upon recommendation of each Council Member). Memorandum dated January 10, 1983 from City Clerk regarding remaining appointments/ reappointments, was presented. Motion was made to confirm the following appointments: Bicycle Trails Citizens Advisory Committee (District 1) Council Member Strauss's reappointment of Frances Fatter and remaining appointment deferred to February 14, 1983. (District 4) Council Member Heather's remaining appointment deferred to February 14, 1983. (District 6) Council Member Agee's reappointment of Robert Caminiti and appointment of Elizabeth S. Braley. Environmental Quality Citizens Advisory Cnm ittpp (District 1) Council Member Strauss's reappointment of Ron Covington. (District 6) Council Member Agee's appointment of Buzz Person and Barbara J. Cope. Newport Beautification Citizens Advisory Cnmmittpp (District 1) Council Member Strauss's reappointment of Lucile Patterson. (District 6,) Council Member Agee's reappointment of Jeanne Pitman. Volume 37 - Page 43 (24) COUNCIL MEMBERS C: Motion All Ayes • MINUTES January 24, 1983 INDEX Citizens Traffic Advisory Committee (District 1) Council Member Strauss's reappointment of Jean Harrington and appointment of Wallace Gerling. (District 2) Council Member Plummer's reappointment of Sam Osadche and appointment of Terek T. Saleh. (District 3) Mayor Hart's remaining appointment deferred to February 14, 1983. (District 4, Council Member Heather's appointment of George M. Duarte. (District 6) Council Member Agee's appointment of Ronald Malouf and Leland S. Spencer. 3. Report from Parks, Beaches and Recreation B &R/City Director regarding CITY ENTRANCE SIGNS, was Hall Signs presented. (62) x Motion was made to authorize a Budget Amendment of $5,000 to accommodate the construction of two entry signs (funds for the budget amendment to be $2,500 in received donations matched by $2,500 as authorized by Council on September 27, 1982). J. CURRENT BUSINESS:: 1. Report from the Planning Department regarding Planning/ STATUS OF THE AMERICAN INSTITUTE OF /UDAT ARCHITECTS' REGIONAL /URBAN DESIGN ASSISTANCE (68) TEAM (R /UDAT); AND THE APPLICATION OF SUCH A PROGRAM IN THE N13WPORT PIER AREA, was presented. Council Member Agee suggested consideration be given to expanding the subject study to include the Cannery Village area. The Planning Director stated that when this item was considered by the Planning Commission, they discussed the scope of the study, the area to be encompassed, funding, etc., and it was generally felt by the participants that the entire area to be looked at would be from the Arches to Peninsula Point, focusing in on McFadden Square, Cannery Village and other specific areas. He stated that no definite decision as to the boundaries of the study have been made, and is one of the reasons an ad hoc steering committee is being recommended. Volume 37 — Pa¢e 44 COUNCIL MEMBERS \rAl �� RA1 1 �'1? '� January 24. 1983 MINUTES INDEX Motion x Motion was made to convey the support of the City Council to participate in the R /UDAT _ Program and create an Ad Hoc Steering Committee; and direct the City Attorney's Office to prepare a resolution creating said committee, to come back on February 28, 1983. Council Member Strauss expressed a desire to serve on this committee. All Ayes The motion on the floor was voted on and carried. 2. Report from the Planning Department regarding U/P 822(A) a request of ST. ANDREWS PRESBYTERIAN CHURCH St. Andrews to construct a free-standing cross, Prsbytrn Ch ninety -seven feet in height. Said cross is (88) part of an overall plan of St. Andrews Presbyterian Church which includes the construction of a new church sanctuary and the remodel or reconstruction of existing church facilities on sate, located at 600 St. Andrews Road. All development and construction is planned to occur and will be carried out in accordance with USE PERMIT NO. 822 (AMENDED), as approved by the City Council on September 27, 1982, and in accordance with SITE PLAN REVIEW N0. 31, approved by the Planning Commission on January 6, 1983, was presented. . The City Manager noted that pursuant to Condition of Approval No. 6, the height of the cross must be approved by the City Council. Mayor Hart inquired of staff that if a problem is created by the parking lot and curb cut access onto Clay Street at Pirate Road, how would it be handled. The City Manager replied that it would be reviewed at that time, and acted upon accordingly by the City Council. Milan Dostal, 11321 Tradewinds, representing the Applicant, stated that the new plan had been approved by the Planning Commission under Site Plan Review and met all of the concerns of the neighborhood, as well as to carry out the program of the church. He made reference to the drawing and scale model on display and urged Council approval. Peter Gendron, 519 Signal Road, President, . Cliff Haven Community Association, addressed the Council and stated that they have no objection to the size of the cross. However, they are concerned with the ingress and egress on Clay Street. He stated that the original plan showed subterranean parking, which is not included in the revised plan. Volume 37 - Page: 45 C®UNCIL MEMBERS -F C-1 �$�I���� e� G � G ®I L Al 4 A �� �� January 24, 1983 MINUTES INDEX Mr. Gendron urged the Council to consider the impact on the neighbors of the flow of traffic through the parking area into the community. The Director of Public Works stated that the presence of the curb cut on the plot plan has more to do with circulation of the parking lot and the effective use of the parking lot, than it does with safety factors per se. The traffic engineer felt the parking lot would function somewhat better with the additional curb, and only observation can provide the final answer. Motion x Following discussion, motion was made to All Ayes approve the request of St. Andrews Presbyterian Church. 3. Report from the City Arts Commission regarding PB &R /Arts CO- SPONSORSHIP POLICY FOR CULTURAL EVENTS AND Cmsn GROUPS, was presented. (62) Motion x Motion was made to approve the proposed Council Policy for Co- sponsorship for Cultural Events and Groups, with the definition of the word "Art" to be included, as set forth in the by -laws of the Arts Commission. Ayes x x x x x Following discussion of the level of Noes x x priorities of support, the motion on the floor was voted on and carried. K. ADDITIONAL BUSINESS: Motion x 1. Motion was made to schedule public hearing for U/P 3016/ Ayes x x x x x February 14, 1983, on Use Permit No. 3016 and Resub 738 Abstain x x Resubdivision No. 738. Motion x 2. Mayor Hart announced that effective February CAttny All Ayes 1, 1983, Robert Burnham will be the new City _ Attorney. Motion was made to direct a - resolution (No. 83 -15) be prepared for ratification at the next meeting. The meeting was adjourned at 11:40 p.m., in memory of Bettina Bents, daughter of William and Marcia Bents, who passed away on January 21, 1983. Mayor of ATTEST: r Deputy City Clerk Volume 37 - Page 46