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HomeMy WebLinkAbout06/27/1983 - Regular MeetingCOUNCIL MEMBERS REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: June 27, 1983 ROLL C ®I L � �'� 'Q S MINUTES INnFx Present x x x x x x x A. ROLL CALL. B. Council Member Strauss referred to the • presentation given on June 13, 1983 by the R /UDAT Team regarding Cannery Village/ McFadden Square area, and stated that study areas designated as 3) Lido Peninsula and 6) Marina Park, were not areas authorized for study by the City Council,and therefore should not be included in the minutes on Page 178 where they are referred to in two instances. Motion x Motion was made to approve the Minutes of Ayes x x x x x x June 13, 1983 as revised in the foregoing. Abstain x Motion x C. The reading of all ordinances and resolu- All Ayes tions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Hart opened the public hearing on PCH Impv Prj recommendation of PREFERRED ALTERNATIVES (74) for the PACIFIC COAST HIGHWAY IMPROVEMENT PROJECT FROM MACARTHUR BOULEVARD TO NEWPORT BOULEVARD. Report from Public Works, was presented. • Report from Citizens Traffic Advisory Committee, was presented. Letter from The Irvine Company, was pre - sented. Letter from Newport Harbor Area Chamber of Commerce, was presented. The City Clerk reported that after the printing of the agenda, twenty -three letters were received in opposition to the project as presented. In addition, letters were received from Newport Heights Homeowners Association, and Bonnie Jeanette, opposing the proposed restriping 400 feet east of Tus- tin Avenue. The Director of Public Works summarized the staff report, noting that the purpose of this hearing was to consider preferred alternatives for the project. He stated that the draft EIR was previously submitted to the City Council and has been available . to the public. He pointed out that this was not a hearing on the EIR, nor was it a hearing on the circulation element of the General Plan or on the Mariners Mile . Specific Area Plan. He stated that the hearing on the EIR was held by CalTrans on March 23, 1983. Volume 37 - Paee 196 MINUTES INDEX Volume 37 - Page 197 It was further noted that if all necessary PCH Impv Prj approvals were. obtained, construction between MacArthur Boulevard and Jamboree Road would be scheduled to begin in January 1985; and construction between Jamboree Road and Bay - side Drive would be scheduled to begin in July 1986. Restriping in Mariners Mile would be coordinated with the above schedule. It was also pointed out that Pacific Coast Highway is the only continuous arterial highway parallel to the coast in a specified four and one -half mile reach, which makes it difficult to provide alternates to Coast Highway. In addition, 75 to 85% of the traffic generated on Coast Highway has an origin, a destination, or both, within Newport Beach. The City Engineer explained exhibits on display and discussed the recommended alternatives. The following persons addressed the Council in opposition to Alternative A -7 (Modified) - Restriping of Pacific Coast Highway from five lanes to six lanes from approximately 400 feet east of Tustin Avenue to Newport Boulevard, including the prohibition of parking on the northerly side of the street from 7 a.m. to 7 p.m., and removal of 50 daytime parking spaces: • Vin Jorgensen, 1533 Antigua Way, Member of Mariners Mile Association Jim Dale, 1921 Tradewinds, representing Villa Nova Restaurant and Mariners Mile Association Richard R. Luehrs, Executive Director, Newport Harbor Area Chamber of Commerce John Allison, 409 Jasmine Avenue, Attorney representing owners in Mariners Mile Carolyn Slayback, Newport Heights Homeowners Association (submitted letter) Hank Hill, 2431 Pacific Coast Highway Harry Boland, 15 Lochmoor Lane, representing the Chart House and Grinder restaurants Mel Hoeffliger:, 435 Goldenrod Avenue Tom Deemer, 1901 Kings Road Susan Cuse, 2400 W. Coast Highway Burt Blender, representing the Grinder restaurant Rick Vaughn, representing Ancient Mariner and Rusty Pelican restaurants Richard Nichols, President, Corona del Mar Community Association, addressed the Council and submitted it letter regarding the proposal. He stated that their association would like • to ask the City Council to withdraw funding and lead agency support for the widening. They also feel that Mariners Mile area traffic improvements, possible within the present right -of -way, without moving parking, should be accomplished. They also requested Volume 37 - Page 197 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES 0�� .� ��tD June 27, 1983 R ®LL iwncv the Council oppose an expanded roadway in the PCH Impv Prj MacArthur to Jamboree segment. He stated that Alternatives A -2 and A -•5 seem most • justifiable, and as an alternative, they would like the Council to consider a second bay crossing. John Konwiser, 1907 Bayadere Terrace, addressed the Council regarding the possi- bility of a sound wall between Irvine Terrace and Coast Highway. He stated that a news- letter was circulated to approximately 300 homeowners in their association, asking if they would support, in part, the funding of a noise wall ($50,000), with $125,000 to be paid by the City. He stated that as of this date there have been 140 "yes" responses and 13 noes. Jim Wood, President, Corona del Mar Chamber of Commerce, addressed the Council regarding what could be a "bottleneck" in Corona del Mar if Coast Highway were widened. He urged that other alternatives be considered. Dee Masters, 140 Fernleaf Avenue, addressed the Council and suggested the item be given further study,. She also indicated that thought should be given to restoring Canyon Crest in order that it be connected to San Joaquin Hills., • Gordon Young, 310 Encina, Vice - Chairman of the Citizens Traffic Advisory Committee, addressed the Council and discussed the objectives of the Committee, as well as alternatives considered in the past for Coast Highway. He stated that the Committee would welcome community input and feel free to contact him. Hearing no others wishing to address the Council, the public hearing was closed. At this time Council Members expressed their viewpoints with respect to the proposal. In response to question raised by Council Member Plummer, the Director of Public Works advised that CalTrans is the lead agency for the EIR and that Coast Highway is a State Highway, and whether CalTraus would ever overrule a City Council decision with respect to this project is not known. He stated that CalTrana in most instances has shown itself to be responsive to local concerns. There being no further comments, the Council took straw votes on the recommended • alternatives as follows: Volume 37 - Page 198 COUNCIL MEMBERS ROLL \0¢�9 \1;�\P 5 0 All Ayes Ayes Noes Ayes Noes Ayes Noes Motion All Ayes Motion Ayes Noes June 27, 1983 • x x x x x Alternative A -1 x to six lanes fr, easterly of Jaml done on the nor Alternative A -2 Highway interse the existing gr, • x x x x x Alternative A -4 x separation at R Jamboree Road, i to a maximum of of the center o: • x x x x x Alternative A -5 x Highway to six from westerly o: Bayside Drive. to displace 22 1 Mobile Home Par] x x Alternative A -7 x x x x x Pacific Coast H: six lanes from Avenue to Newpol require the pro] northerly side ( to 7 p.m. The : require the days spaces. x In view of the 1 A -7, motion was committee to re: system between Boulevard. X Motion was made • x x x x- x by the straw vol x 2. Mayor Hart open( recommendation c for the ROUTE 5' STATEMENT (EIS), Report from Pub] Report from Citi Committee, was 1 Report from Bic) Committee, was 1 Letters from Ner Mr. & Mrs. Ed Sc the Arches Bride Documents from subject item, w( MINUTES - Widen Pacific Coast Highway )m MacArthur Boulevard to just )oree Road, the widening to be :herly side. - Widen the Pacific Coast :tion with Jamboree Road at ide. -(As a later phase) -A grade icific Coast Highway and acidified to limit the height ten feet above the grade the existing intersection. - Widen Pacific Coast _apes on the northerly side Jamboree Road through This alternative is estimated lobile homes in the DeAnza - (Modified) - Restripe .ghway from five lanes to about 400 east of Tustin :t Boulevard. This would iibition of parking on the if the street from 7 a.m. alternative as modified would :ime removal of 50 parking ,ction taken on Alternative made to form an ad -hoc study the traffic circulation .ustin Avenue and Newport to ratify the action taken .es. A the public hearing on ,f PREFERRED ALTERNATIVES 1 ENVIRONMENTAL IMPACT is Works, was presented. .zens Traffic Advisory ,resented. 'cle Trails Advisory resented. ,port Island Incorporated, and .hwaner, in favor of raising ;e, were presented. andy Willford regarding the represented. Volume 37 - Page 199 Impv prj Npt Blvd EIS (Route 55) (74) CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES \rAl +0 3 RoL� 9 G4s June 27, 1983 INDEX The Director of Public Works summarized the Npt Blvd EIS staff report, and noted that the CalTrans (Route 55) hearing for the Route 55 project will be held on June 29 in the Costa Mesa Community Center. The actions of the City Council taken at this meeting will be forwarded to CalTrans for inclusion in the environmental document. He stated that this project has been under study for approximately 3 years. The most controversial issue that has risen as a result of the proposal has to do with the height of the bridge over Newport Channel. The Director of Public Works discussed the alternatives as set forth in the staff report. The City Engineer displayed exhibits depicting Alternative H2 in Costa Mesa, and Alternatives 2 and 3. He discussed the bicycle and pedestrian paths and answered questions of the Council. The Director of Public Works made the fol- lowing points in discussing the height of bridge: 1) the existing bridge does restrict navigational clearances, 2) a widened bridge can be designed so as to not further restrict navigation, 3) a request to study the raised bridge will require additional environmental and engineering studies, and most particular -. ly, additional hearings, 4) a request to study the raised bridge would eff=ectively preclude early imple- mentation of Alternative 2, however, they do not feel it would delay implementation of Alternative 3, and 5) as stated in a letter to Mayor Hart from CalTrans dated June 22, 1983, a replace- ment bridge may require additional environmental analysis and review, and the estimated cost for a new bridge would be $2.7 million. This only includes the removal of the bridge, retaining wall construction on both ends of the bridge and the replacement bridge itself. Cal - Trans engineers feel that a replacement bridge is: not warranted and that the widening will maintain the existing under bridge clearances, and therefore any cost above and beyond that required by highway • impacts will have to be borne by the local agency. This additional cost could approach $2 million. Volume 37 - Page 200 pr L CITY OF NEWPORT BEACH COUNCIL A9EIdIBERS op9 June 27, 1983 ROLL CA MINUTES INDEX N. 1 - Sandy Willford, 14 Balboa Coves, addressed Npt Blvd the Council and requested he be permitted (Route 55; to speak longer than the alloted 5 minutes. Motion x Motion was made to grant Mr. Willford ten All Ayes minutes for his presentation. Mr. Willford stated that he represented over 400 persons interested in modifying, the bridge,. He discussed the summary of damages as set forth in his proposal on pages 2 and 3, and stated he felt the solu- tion would be a single span higher bridge with width dimensions and designs of Alternative 3. Mr. Willford stated that he felt there were two major 9'_ssues to consider, i.e., who will pay for the raising of the bridge, and will there be a delay if the bridge is raised. He stated that they feel CalTrans is responsible for the bridge and therefore should pay for it. He remarked that CalTrans has conceded that the environmental impact statement is incorrect,in that it should have included the issue of impact on the neighbor- hood. Their group contacted the United States Coast Guard who told CalTrans that they should have included those impacts in the document, and so now CalTrans must make that study. In addition, CalTrans has also . conceded that they must make a study of raising the bridge. In conclusion, Mr. Willford submitted a proposed resolution for Council consideration with respect to the raising of the bridge. In response to Council inquiry regarding citizen participation in funding a portion of the bridge cost, Mr. Willford indicated that their list of damages would have to be mitigated by CalTrans before the residents would concede to pay for any portion of the bridge. The following persons addressed the Council in support of Mr. Willford's remarks and the raising of the bridge: Tom Orlando, 15 Balboa Coves Russ Behrens, 22 Balboa Coves Richard Houton, 46 Balboa Coves Jim Edwards, 3900 Channel Place Father Wm. Barry,68 Balboa Coves Bill McGlauflin, 67 Balboa Coves Roland Soll, 20 Balboa Coves Claudia Wire, 8 Balboa Coves, President, . Balboa Coves Homeowners Association Hearing no.others wishing to address the Council, the public hearing was closed. Volume 37 - Paee 201 N. 1 - CITY OF NEWPORT BEACH COUNCIL MEMBERS \A1 ¢� -A 'A � � June 27, 1983 RaLL MINUTES INnFY Mayor Pro Tem Maurer indicated he felt the Npt Blvd EIS people in the Balboa Coves /Newport Island (Route 55) area were not being considered, and referred . to the letter from the U.S. Coast Guard to CalTrans dated June 9, 1983 regarding the issues not addressed in the environmental statement. He also stated that with respect to who will fund the project, he felt CalTrans would oppose it the first time around, but eventually realize that it is their road and their responsibility to fund the improvement. He stated that he did not feel timing was a problem. Motion x Motion was made to endorse Alternative H2 in the City of Costa Mesa, and request that CalTrans include a raised channel bridge in Alternative 2 or 3,with Alternative 3 for the improvement to the Route 1155 interchange, to be completed concurrently with or before Alter- native H2 is completed. In response to Council inquiry regarding the effect of the motion on CalTrans, the Director of Public Works stated that CalTrans has already replied, in part, in their letter of June 22, 1983, indicating that the funding of the bridge would not be a highway user responsibility. Mr. Willford and others who testified,feel that the widening of the bridge without raising it, would cause specific damages which can only be mitigated by constructing a raised bridge. He stated • that if studies are shown that it were in fact a highway user responsibility with respect to the bridge, then that opinion would be reflected in the studies and could alter the opinion of CalTrans expressed to date. Mayor Hart stated that timing was a major concern of hers, in addition to her support for a bicycle and pedestrian path which has been a top priority of hers for many years. Ayes x x x The motion on the floor was voted on and Noes x x x x FAILED. In view of the foregoing, motion was made to Motion x endorse Alternative H2 in the City of Costa .Ayes x x x x x Mesa, and endorse Alternative 3 for the Noes x x improvement to the Route 1/55 interchange, to be completed concurrently with or before Alternative H -2 is completed, and if Alterna- tive 3 cannot be impleted within the next two to three years, request that Alternative 2 be implemented within that time frame. In addition, that CalTrans be requested to review the adequacy of the environmental impact report with respect to the Channel bridge height and the impacts that might • occur when the bridge is widened. Volume 37 —Page 202 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES \A1 o �� y� y� cGS', June 27, 1983 RAI I Motion x Motion was made to direct the staff to Npt Blvd All Ayes develop strategies for implementation of (Route 5 improving the navigation system in the subject area and report back at the earliest . possible time. 3. Mayor Hart opened the public hearing on the Cert Con request of GARY'S SERVICE FOR CERTIFICATE OF & Nec CONVENIENCE AND NECESSITY. Gary's S (70) Report from the City Manager, was presented. It was recommended the City Council deny the request for the reasons as set forth in the staff report. Hearing no one wishing to address the Council, the public hearing was closed. Motion x Motion was made to deny the request as All Ayes recommended,. 4. Mayor Hart opened the public hearing and Ord 83 -2 City Council review of Ordinance No. 83 -21, PCA 585 being, TMap /Tr 11906 & AN ORDINANCE OF THE CITY OF NEWPORT Trfk Stc BEACH AMENDING A PORTION OF DISTRICTING U/P 302, MAP NO. 3 TO RECLASSIFY PROPERTY FROM Cstl Dv] THE UNCLASSIFIED DISTRICT TO THE R -2 Max Mor£ DISTRICT, (94) Planning Commission Amendment No. 585, and the acceptance of an Environmental Document, the TENTATIVE MAP OF TRACT NO. 11906, USE PERMIT 140. 3022, AND COASTAL DEVELOPMENT PERMIT NO. l.; being applications of MAX MORGAN, Newport Beach, in connection with the subdivision of land for the construction of seventeen residential units to be located at 120 32nd Street, on the southwesterly side of West Balboa Boulevard between 31st Street and 33rd Street in West Newport. Report from the Planning Department, was presented. Max Morgan,3004 W. Ocean Front, Applicant, addressed the Council and stated he had read the recommended conditions of approval and concurred, and was available for questions of the Council. Hearing no others wishing to address the Council, the public hearing was closed. Council Member Strauss indicated he had some questions of Mr. Morgan, and there being no objections the public hearing was re- opened. Mr. Morgan explained how the development ® would be laid -out on the property and access to it. Volume 37 - Page 203 EIS i) ven yi� 1 y/ #1 an CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES 7, (n 0 I;, June 27, 1983 INDEX CA 585 & TMap /Tr 1906 Hearing no further questions, the public p hearing was closed. . 1 Council Member Strauss discussed a number of his concerns, i.e., alternate uses of the land, affordable housing, and the assurance that affordability would be developed and approved on or before approval of the Final Map, park dedicated land in -lieu of fees, (12,500 sq. ft. in this instance), investiga- tion of noise impacts from construction activities, etc. The City Attorney advised that he and the Planning Director intend to bring to the Planning Commission and City Council, re- visions to Council Policy P -1, the Mello guidelines. This will give the Council an opportunity to develop a policy with respect to length of. restrictions, height restric- tions on units, fire qualifications, etc. The City Attorney stated that the City Council is required to take action on tentative tract maps within a particular period of time, and in regard to the subject development, the staff was fearful of jeopardizing some of the conditions the City Council may wish to impose on this project by not giving the Council the opportunity to take action within the prescribed time period. He stated that the conditions relative to • affordable housing are set forth on hand- written page 65 of the staff report, and it might satisfy Council Member Strauss's concerns if th0 agreement were added which is going to memoralize the conditions for affordable housing, subject to approval of the City Council. Motion x Following discussion, motion was made to sustain the recommendations of the Planning Commission, and a) Accept, approve and certify the Final EIR as indicated in Attachment A; b) Make the findings contained in the Statement of Facts (Attachment A, Exhibit 1) with respect to significant impacts identified in the Final EIR; c) Find that the facts set forth in the Statement of Overriding Considerations (Attachment A. Exhibit 2) are true and are supported by substantial evidence in the record, including the final EIR; d) With respect to the project, find that although the Final EIR identified • certain unavoidable significant environmental effects that will result if the project is approved, those Volume 37 - Paae 204 CA 585 & TMap /Tr 1906 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES \rAl ¢� ��ROLL �� ���+�'p �4P June 27, 1983 INDEX Volume 37 - Page 205 mitigation measures identified in the PCA 585 & . Certified Final EIR shall be incorporated TMap /Tr into the proposed project, and all 11906 significant environmental effects that can feasibily be mitigated or avoided have been eliminated or reduced to an accept- able level, and that the remaining un- avoidable significant effects, when bal- anced against the facts set forth in said Statement of Overriding Considerations (Attachment A, Exhibit 2), giving greater weight to the unavoidable environ- mental effects, are acceptable; e) Adopt Ordinance No. 83 -21; Ord 83 -21 f) Sustain the recommendations of the Planning Commission with respect to the Traffic Study; g) Approve the Tentative Map of Tract No. TMap /Tr 11906 with the Findings and subject to 11906 the Conditions as recommended by the Planning Commission; h) Sustain the action of the Planning Com- U/P 3022 mission and approve Use Permit No. 3022 with the Findings and subject to the Conditions as recommended; • i) Sustain the action of the Planning Com- Cstl Dev mission and approve Coastal Development Permit ail Permit No. 1 with the Findings subject to the Conditions as recommended; j) Add as an additional Condition of Approval (No. 45), the following: "A minimum of ten (10 %) percent of the units to be developed on the site shall be 'affordable units' as defined by the Government Codes and City Policy P -1 at time of occupancy. Guidelines to guaranty the affordability of said units shall be developed and approved on or before the Final Tract Map by the City Council." Council Member Plummer stated that she would not support the motion as she was opposed to the intense density proposed for luxury units which will be subsidizing two affordable units in an area she feels is already tremendously impacted. Ayes x x x x x The motion was voted on and carried. Noes x x 5. Mayor Hart opened the public hearing and Resub 750 City Council review of RESUBDIVISION NO. Valley 750 OF VALLEY CONSULTANTS, INC., Santa Ana, Consultants to resubdivide an existing parcel of land (84) into two parcels for single family resi- dential development located at 2305 Pacific Volume 37 - Page 205 �, � 4 720-1 0- r� , MINUTES June 27, 1983 Resub 750 I I Drive, on the southerly side of Pacific Drive between Acacia Avenue and Begonia Avenue, in . Corona del Mar. The proposal also includes exceptions to the Subdivision Code so as to allow the creation of an interior parcel with less than a 50 ft. width and containing less than 5,000 sq. ft. of land area. Report from the Planning Department, was presented. The City Clerk advised that after the printing of the agenda, a letter was received from Harry E. Westover, applicant, transmitting a petition with twenty signatures of persons "on the bluff" in favor of the project. Council Member Agee stated that he had called this item up because of the number of concerns expressed to him by persons in the community. He stated that the applicant had mailed a letter to him dated June 21, 1983 which he has distributed to the Council. Richard Nichols, President, Corona del Mar Community Association, addressed the Council and submitted a letter regarding the project. He stated that their Board of Directors reviewed the proposal and requests the Council to revoke the project unless the owner is willing to accept a one -story height limita- tion along Pacific Drive for development on • the vacant parcel created. Harry E. Westover, Applicant, addressed the Council and spoke in support of his request. He referred to the petition submitted in favor of the project and urged approval. He stated that to place a height limitation on the property is the same thing as protecting someone in a view to which they are not en- titled. Allen Stover, 2316 Pacific Drive, and Smith Bacon, 2315 Pacific Drive, appeared in support of the request. Michael Mann, 2304 Pacific Drive, addressed the Council in opposition to the project. He stated that letters opposing the develop- ment were submitted at the hearing before the Planning Commission from property owners across the street from the site on Pacific Drive. He stated that the development would be detrimental to the neighborhood, and that he strongly objected to the 30 foot wall be- tween Pacific Drive and the ocean. Hearing no others wishing to address the • Council, the public hearing was closed. Volume 37 - Page 206 Resub 750 r '' "` W, COUNCIL MEMBERS �l11 i rni o `� �g1 �'P 1p June 27, 1983 MINUTES otion Ix ! I Motion was made to sustain the action of the Re es jx x x x x x Planning Commission and approve the re- oes x subdivision. E. PUBLIC COMMENTS: 1. Richard Nichols, President, Corona del Mar Cd' Community Association, addressed the Council Sc and submitted a letter regarding the Sale of Corona del Mar Elementary School. He stated that in the event the school is sold to other than an elementary type school, that the school board be requested, along with the developer and City, to negotiate a Park Dedication /Grant Howald land trade. F. CONSENT CALENDAR: Motion x The following actions were taken as indicated, All Ayes except for those items removed: 1. ORDINANCES FOR INTRODUCTION - None 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 83 -64 authorizing the Re Mayor and City Clerk to execute an Agree- C- went between the City and the County of (3 Orange for District Attorney Prosecution Services. (Report from the City Attorney) (b) Resolution No. 83 -65 implementing Salary Re and Benefit Increases for Employees who MO are members of the Newport Beach Ocean Li Lifeguard Association. (Report from C_ Personnel with M.O.U.) (3 (c) Resolution No. 83 -66 implementing Salary Re and Benefit Increases for Employees who M0 are members of the Newport Beach Pro- C- fessional /Technical Association. (Report (3 from Personnel with M.O.U.) (d) Resolution No. 83 -67 implementing Salary Re and Benefit Increases for Employees who 0 are members of the Newport Beach Fire Fi Fighters Association. (Report from C_ Personnel with M.O.U.) (3 (e) Resolution No. 83 -68 implementing Salary Re Increases for Employees who are members Ma of the Newport Beach City Employees As Association. (Report from Personnel C_ with M.O.U.) (3 (f) Resolution No. 83 -69 authorizing the 83 closure of Seashore Drive during the July Se 4th Holiday period. (Report from Police Cl Department) (7 Volume 37 - Page 207 • 11 MINUTES June 27, 1983 (g) Resolution No. 83 -70 establishing the Res 83 -70 Salaries of Management and Other Key Salaries Employees for the 1983 -84 Fiscal Year Mgmt /Key Emp and Amending the Classification and (66) Compensation Plan to reflect said changes. (Report from City Manager) (h) Resolution No. 83 -71 establishing the Res 83 -71 Salaries of Temporary and Seasonal Classes Salaries for the 1983 -84 Fiscal Year and Amending Temp /Seasonl the Classification and Compensation Plan (66) to reflect said changes and rescinding Resolution No. 82 -100. (Report from Personnel) (i) Resolution No. 83 -72 requesting the Res 83 -72 Local Agency Formation Commission to LAFCO Amend the Sphere of Influence of the Sphere of City of Newport Beach to Include the Influence Beeco Property. (Report from City Beeco Prop Manager) (21) (j) Resolution No. 83 -73 affirming that the City's Circulation Element, Master Plan of Streets and Highways, is in con- formance with the County's Master Plan of Arterial Highways. (Report from Public Works) Res 83 -73 Circ Element Mstr Plan Sts & Hwys (74) (k) Resolution No. 83 -74 adopting the Res 83 -74 Budget for 1983 -84 fiscal year. 83 -84 Bdgt 3. CCONTRACTS/AGREEMENTS: (25) (a) Authorize the Mayor and City Clerk to U/P 3039 execute a USE PERMIT AGREEMENT guarantee- (88) ing completion of the public improvements required with Use Permit No. 3039, SOUTH- WEST LEASING AND RENTAL, INC., property located at 1220 and 1230 West Coast Highway. (Report from Public Works) (b) Authorize the Mayor and City Clerk to U/P 1994 execute a TRAFFIC SIGNAL AGREEMENT Trfk Signal guaranteeing completion of Traffic Agmt Signal Improvements required with USE (88) PERMIT NO. 1994, HUGHES AIRCRAFT COMPANY, property located at 500 Superior Avenue. (Report from Public. Works) (c) Authorize the Mayor and City Clerk to St & Alley' execute an agreement with TED R. JENKINS Slurry Prog for AWARD OF CONTRACT (No. 2354) for C -2354 STREET AND ALLEY SLURRY SEAL PROGRAM, (38) 1982 -83, in the amount of $82,300. (Report from Public Works) (d) Approve Change Order No. 1 to Contract San Miguel No. 2358 in the amount of $48,998.81 for Park Const construction of four handball courts; Change 111 six bleachers; brick angel dust at base- C -2358 ball diamond; upgrading of play equipment; (38) construction of additional sidewalk; plus miscellaneous changes. (Report from Public Works) Volume 37 - Page 208 MINUTES June 27, 1983 (e) Authorize the Mayor and City Clerk to License Agmt execute a LICENSE AGREEMENT for ENCROACH- ROSEN, A.& N. • MENT PERMIT REQUEST for construction of C -2356 a six -foot high brick and concrete garden (38) wall within an existing public storm drain easement. (Report from Public Works) (f) Authorize the Mayor and City Clerk to Contrib Agmt execute an agreement with HUGHES AIR- HUGHES AIR - CRAFT COMPANY for their fair share of CRAFT CO traffic circulation system improvement. C -2402 (Report: from City Attorney) (38) 4. COMMUNICATIONS - For referral as indicated: (a) To staff for reply, letter from Utilities Executive Director of Toward Utility (89) Rate Normalization, transmitting pro- posal for funding participation in pro- viding professional representation before the California Public Utilities Com- mission. and other administrative agencies and courts on utility matters. (b) To staff for investigation and reply, Complaint re letter from James K. Black, citing THE PLACE problems connected with The Place RESTAURANT restaurant. (27) (c) To Traffic Advisory Committee for con- Traffic sideration, letter from Campbell Property (85) Services, Inc., requesting installation of stop sign, speed bumps and exit gate in Harbor Ridge. (d) To staff for response, letter from Cameo Shores Mr. & Mrs. Covington, opposing opening (76) of Cameo Shores to the public, and letter from Charles Vondruska, opposing the closing of the access gate to Cameo Shores located just east of the last traffic light in Corona del Mar by The Irvine Company. (e) To staff for response, letter from Inspiration Friends of Inspiration Point, requesting Point steps be taken to prevent further abuse (76) of oceanfront lots in Corona del Mar. (f) To Police Department for review, Highland Police Dept Park, Texas, Crime Prevention and Public (70) Safety Program. (g) To staff for report back, request of City Trees Al and Doris Feldman to remove trees on (62) Walnut Street. (h) To Planning Department for information, Planning Dpt • letter from Friends of Oasis concerning HUD Block use of HUD Block Grant Funds. Grant Funds (68) Volume 37 - Page 209 n � COUNCIL MEMBERS MINUTES .V n fig-,S'O�� G ROLL_ f ®II �� ��'�'��� June 27, 1983 INDEX rH BLC 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Minutes of the Orange County Local Agency Formation Commission of May 25, 1983. (b) Letter from the Braille Institute com- mending the City. 6. CLAIMS FOR DAMAGES - For denial and confirma- Claims tion of the City Clerk's referral to the (36) claims adjuster: (a) Henry C. Abrams, alleging damage to ABRAMS washing machine as a result of new water lines installed on River Avenue on May 19, 1983. (b) Leonard and Claudia Baltzer, alleging BALTZER property damage to garage and residence as a result of storm drains being clogged during recent rains on Bayside Drive. (c) Patricia and Robert Costa, alleging COSTA personal injuries as a result of trip and fall on sidewalk near Newport Bay and Turquoise Avenue on April 3, 1983. (d) James V.I. Decker, alleging damage to tire DECKER as a result of driving over water fitting elbow in alley left by contractor doing • water lining replacement on May 1, 1983. (e) James N. Hollingsworth, alleging damage HOLLINGSW to vehicle as a result of pipe laid in street by City forces or City contractor on May 1, 1983. (f) Thomas W. Stipe, alleging personal STIPE injuries as a result of police arrest. (g) Allstate Insurance Co., for property KITAJCHUK damage to Laura Kitajchuk's vehicle which was in accident with police automobile on Coast Highway May 29, 1983. (Claim filed by Laura Kitajchuk for personal injuries May 31, 1983) 7. SUMMONS AND COMPLAINTS - For denial and Summons & confirmation of the City Clerk's referral to Complaint the claims adjuster: (36) (a) Metro Republic Commercial, Inc., METRO REP Complaint for Money, Case No. 59739, Orange County Municipal Court. (b) Frederick W. and Susan Rohde, Complaint ROHDE for Damages, Case No. 405103, Orange County Superior Court. (Claim was denied • by City Council on January 10, 1983) Volume 37 - Paee 210 rH BLC COUNCIL MEMBERS MINUTES Co ROLL \rAl G� June 27, 1983 INDEX 8. REQUEST TO FILL PERSONNEL VACANCIES - (Report (66) • from City Manager) (a) One (1) Carpenter, General Services Department. (b) One (1) Library Clerk II, Technical Services. 9. STAFF AND COMMISSION REPORTS: For Council information and approval: (a) Report from the Planning Department Cmty Devlmt regarding proposed amendment to the Block Grant Housing Assistance Plan included with Submissions the City's 1983 Community Development (87) Block Grant Submissions. 10. PUBLIC HEARING SCHEDULING - JULY 11, 1983 (a) PLANNING COMMISSION AMENDMENT NO. 589 - PCA 589 a request of the Big Canyon Country BIG CANYON Club to amend Big Canyon Planned Com- (94) munity Development Standards so as to permit the construction of a residence for the General Manager of Big Canyon Country Club on the golf course and the acceptance of an environmental document. (Report from the Planning Department) • 11 -TUMOR PERMIT APPLICATION of Dover Shores Harbor Permt Community Association to do maintenance and DOVER SHORES dredging and to place the material on an (51) upland disposal site, recommended for approval. (Report from the Marine Department) 12. SPECIAL EVENTS PERMITS - recommended for approval: (a) Tom & Rosalind Williams, 1708 Starlight Permit Circle, Street Closure. Permit for July WILLIAMS 3rd from 4 p.m. to 10 p.m. (65) (b) Big Canyon Country Club, #1 Big Canyon Permit Drive, Fireworks Display for July 4th BIG CANYON scheduled for 9 p.m. (65) (c) Campus Crusade for Christ, Concert at Permit Gazebo south of Balboa Pier on July CAMPUS CRSDF 9th from 1 to 5 p.m. fr CHRIST (65) (d) Villa Nova Restaurant, Celebrating 50th permit Anniversary, Sunday, August 7th from VILLA NOVA 4 to 11 p.m. in restaurant parking lot. (65) 15. BUDGET AMEND14ENTS - (Report from City Manager', Budget Amen1 (25) BA -089 - $1,173,000.00 - Transfer in Budget Appropriations for Appropriation Reserve; General Fund. Volume 37 - Page 211 COUNCIL • Won All Ayes Motion x x 41111 ' o �,`,.,i . 4 � y ,. i MINUTES June 27, 1983 BA -090 - $124,500.00 - Transfer in Budget Appropriations for Appropriation Reserve; Park and Recreation Fund. BA -091 - $34,000.00 - Transfer in Budget Appropriations for Appropriation Reserve; Library Fund. BA -092 - $116,900.00 - Transfer in Budget Appropriations for Appropriation Reserve; State Gas Tax (2107) Fund. BA -093 - $148,000.00 - Transfer in Budget Appropriations for Appropriation Reserve; State Gas Tax (2106) Fund. BA -094 - $146,100.00 - Transfer in Budget Appropriations for Appropriation Reserve; Tide and Submerged Lands Fund. BA -095 - $57,500.00 - Transfer in Budget Appropriations for Appropriation Reserve; Building Excise Tax Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: (25) 1. A report from Public Works recommending lBalboa Blvd. award of contract to RYCO CONSTRUCTION, Median Mod INC., for BALBOA BOULEVARD MEDIAN MODIFICA- (C -2369) TIONS FROM 33RD STREET TO 44TH STREET in (38) the amount of $32,800, was presented. Motion was made to reject all bids for the subject work, and direct staff to make a complete study of the "safety picture" on Balboa Boulevard for review by City Council in September. Sam Osadche, 3609 W. Balboa Boulevard, and David Goff, 5212 River Avenue addressed the Council in support of the motion. The motion was voted on and carried. 2. A report from the Executive Assistant re- garding PROMOTION OF ONTARIO AIRPORT, was presented. Motion was made to support the Aviation Committee's recommendation to promote Ontario Airport as an alternative to John Wayne Airport. Council Member Heather suggested the Mayor appoint an ad. -hoc committee to study this issue with the staff and to meet with Super- visor Wieder to ascertain what would be helpful to the City in order to develop a positive action plan. Council Member Strauss stated that by limi the City's focus to Ontario, he felt the City would be opening itself to the County Volume 37 - Page 212 Ontario Airport/ JWayne Arprt (54) CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES \rAl 0 � ROLL �� �� �� June 27, 1983 own�t, Volume 37 - rage cl.) and others to say, "OK, we now have an Ontario /John • alternative airport ". He stated he felt it Wayne Airpts would be a substantial hazard to focus on "an" airport as an alternate, as it would undermine the attempts of a number who are looking at different alternatives. Also, he felt Long Beach Airport was closer, and for some people it is a better solution than Ontario. Motion x Substitute motion was made to direct the Ayes x staff to work with the County to promote Noes x x x x x x the patronage of Ontario and Long Beach Airports as alternatives to John Wayne Airport, which motion FAILED. Ayes x x x x x x The motion on the floor was voted on and Abstain x carried. 3. A report from the City Manager regarding User Fees CHANGE IN USER FEES, with implementing (40) resolutions, was presented. Motion x Council Member Agee stated that he had Ayes x x listened to the tape recording of the Noes x x x x x Council proceedings relative to the budget, however he did feel that this item should be held over for further study and therefore made a motion to defer to a future study session, which motion FAILED. ion x Motion was made to approve the report of the yea x x x x x x City Manager with respect to CHANGE IN USER Noes x FEES, and to adopt the following implementing resolutions: (a) Resolution No. 83 -57 modifying Resub- Res 83 -57 division and Tentative Map Filing Fees Resub /TMap in connection with Title 19 of the (40) Newport Beach Municipal Code, to become effective July 1, 1983 and rescinding Resolution No. 82 -90. (b) Resolution No. 83 -58 modifying Sign Res 83 -58 Permit and Residential Building Record Sign Permit/ Fees in connection with Title 15 of the Res Bldg Fees Newport Beach Municipal Code to become (40) effective July 1, 1983 and rescinding Resolution No. 82 -91. (c) Resolution No. 83 -59 modifying Filing, Res 83 -59 Appeals and Other Fees relating to Zoning Fees Zoning actions in connection with Title (40) 20 of the Newport Beach Municipal Code to become effective July 1, 1983 and rescinding Resolution No. 82 -97. (d) Resolution No. 83 -60 modifying the Res 83 -60 $315.00 Fee to $345.00 for Permits for Commercial • Commercial Activities on the Waters of Activities Newport Harbor to become effective July (40) 1, 1983 and rescinding Resolution No. 82 -93. Volume 37 - rage cl.) (e) Resolution No. 83 -61 modifying the Res 83 -61 • Annual Pier Fee pursuant to Section Pier Fee 17.33.030 of the Newport Beach Muni- (40) cipal Code effective July 1, 1983 and rescinding Resolution No. 82 -94. (f) Resolution No. 83 -62 establishing Res 83 -62 Mooring Fees and a Late Payment Penalty Mooring Fees pursuant to Section 17.22.050 of the (40) Newport Beach Municipal Code, and rescinding Resolution No. 82 -95. (g) Resolution No. 83 -63 amending Subsection Res 83 -63 A of Section 12 of the Harbor Permit Harbor Permit Policies relating to the Schedule of Fees Fees for Permits to become effective (40) July 1, 1983 and rescinding Resolution No. 82 -93. 4. A report from the Marine Department recom- Harbor Permt mending denial of HARBOR PERMIT APPLICATION LEHR 109 -1415 by Neill Lehr to revise residential (51) float bayward of 1415 East Bay Avenue, was presented. Neill Lehr, 7.415 E. Bay Avenue, addressed the Council and stated that he would like to remodel the boat slip to accommodate his 42 foot Grand Banks. He stated that the modi- fication would encroach the setback between his property and that of Mr. & Mrs. Rhodes at 1417 and 1.419 E. Bay Avenue, who have no objection to the request. He added that if, at a future date, Mr. Rhodes or a future purchaser of his property should wish the easement vacated, he would modify the dock within 90 days as required. Motion x Motion was made to grant the request, subject to the 90 -day condition referred to by the applicant. Tony Melum, Tidelands Administrator, addressed the Council and stated that there Is continual pressure to maximize the water use in the harbor, and they feel by granting this exception weakens their position in supporting Council policies. He stated there are several single- finger slips in the harbor that have a similar problem, but are able to back their boats out into the channel, turn around and back in, re -tie, and handle vessel maintenance. The request does not interfere with any swimming activities. Ayes x x x The motion was voted on and FAILED. Noes x x x tain x No further action was taken. Volume 37 - Page 214 COUNCIL MEMBERS MINUTES ®LL \Co A1 P '� �GSJ° June 27, 1983 INDEX Volume 37 - Page 215 5. Proposed Ordinance No. being, Ordinance • Live Enter - AN ORDINANCE OF THE CITY OF NEWPORT BEACH tainment AMENDING CHAPTER 5.28 OF THE NEWPORT BEACH (27) MUNICIPAL CODE RELATING TO THE ISSUANCE OF PERMITS FOR LIVE ENTERTAINMENT TO ESTABLISH- MEN ITS THAT SERVE FOOD OR BEVERAGES, with a report from the City Attorney's office, was presented. Motion x Motion was made to defer the subject All Ayes ordinance for introduction on July 11, 1983. 6. A report from the City Manager regarding Santa Ana SANTA ANA HEIGHTS ANNEXATION AND PRE- ZONING, Hts Annex was presented. (21) Dan DeMille, representing property owners in the agricultural area of Santa Ana Heights, addressed the Council and discussed the City's intent to pay a portion of the cost of the LIR for Santa Ana Heights Annexation. He indicated his objections to the recommendation of participating in the funding of the EIR. Jack Mullen, 2031 Mesa Drive, Santa Ana Heights, appeared in support of the recommendation. Bill Warren, 20412 Birch Street, Santa Ana Heights, addressed the Council and stated he was not supportive of the City jointly funding the EIR, indicating he felt as a result of the EIR, his property would be rezoned. Motion x Motion was made to approve the recommendation contained in the staff report. Motion x Substitute motion was made to fund the cost All Ayes of an adequate EIR for Santa Ana Heights Annexation after the proponents for said annexation have deposited the sum of $15,000 with the City Finance Director. 7. A report from the City Clerk recommending the Legal Adv City Council accept the bid of the Daily (20) Pilot for LEGAL ADVERTISING SERVICES FOR FISCAL YEAR 1983 -84, was presented. Steve Hadlin, Co- publisher and General Manager of the Newport Ensign, addressed the Council regarding the subject recommenda- tion. He stated he felt there were extenuat- ing circumstances involved, i.e., the total circulation of the Ensign is greater than that of the Daily Pilot in Newport Beach, the break down per column inch cost per 1,000 circulation is lower than the Daily Pilot, and the deadline for legal notices is greater as to lead time in the Daily Pilot as opposed to the one -day ahead time needed for the Ensign. Volume 37 - Page 215 COUNCIL MEMBERS \CALL\0 0 • Motion Ayes Noes Motion Ayes Noes Won All Ayes Motion 0 MINUTES June 27, 1983 Legal Adv Permits SOUTHLAND dba 7 -11 (65) Mouth of Big Canyon (62) Mr. Hadlin stated that the Ensign has enjoyed a 30 -year relationship with the City, and are based in Newport Beach. He requested the Council reconsider their bid for legal services based on his comments. x Following remarks, motion was made to approve x x x x x x the recommendation and accept the low bid x for legal advertising services of the Daily Pilot. x 8. Motion was made to reconsider Agenda Item x x x x x x F -14, request by Southland Corporation, for x Special Events Permit. Bob Simmons, representing the Southland Corporation, dba 7- Eleven Stores, addressed the Council and discussed their request for a soft -ball event on West beach frontage between 10th and 13th Streets, August 27/28 from 7 a.m. to 7 p.m. He stated he felt the event was a worthwhile activity and would make a significant contribution to Muscular Dystrophy. He stated he also had a petition from residents in the City supportive of the event. It was noted that the Police and Marine Departments, as well as the License.Super- visor and City Manager had recommended denial of the permit. x Motion was made to deny the Special Event Permit. H. ORDINANCES FOR ADOPTION - None I. CONTINUED BUSINESS: 1. Report from Parks, Beaches & Recreation Director regarding MOUTH OF BIG CANYON. x Motion was made to approve 4 acres of park credit to The Irvine Company in recognition of their dedication of easements and land for the sewer line and mitigation pond, and that The Irvine Company retain the 2.5 acre parcel that is relatively flat adjacent to Jamboree Road, and that the City be indemni- fied for three years against any possible slope failures related to the Big Canyon site. Mayor Pro Tem Maurer stated that he felt the City owned The Irvine Company park credits, however, he was not supportive of the City taking over the mouth of Big Canyon. He stated that if the City acquires the subject land, it will. come off the tax rolls and result in a loss of revenue, and at the same time, the City would be inheriting a responsi- bility as well as a liability. He indicated V„IumP 17 - PAOO 21A Legal Adv Permits SOUTHLAND dba 7 -11 (65) Mouth of Big Canyon (62) COUNCIL MEMBERS \CAL\L9 OLL ion s Noes Motion All Ay Motion C] MINUTES June 27, 1983 b1 Volume 37 - Page 217 he would not support the motion because of Mouth of Big the liability involved. Canyon x Due to the lateness of the hour, and the x x x x x importance of this item, substitute motion x x was made to defer the matter to July 11, 1983. 2. Report from the Marine Department regarding Harbor Prmt HARBOR PERMIT APPLICATION 105 -1509 BY DICK BOOTH /COTTON BOOTH AND CHARLES COTTON. (51) Dick Booth, Applicant, addressed the Council and stated that he was in agreement with the recommendations of the Marine Department. x Motion was made to approve the es application, subject to the Conditions of approval as recommended in the addendum to the original staff report. 3. Report from City Manager regarding REQUEST So Coast Rep OF SOUTH COAST REPERTORY FOR FUNDING. Request (76) x Motion was made to approve the request for a grant of $10,000 to support SCR's activities. It was pointed out that the City Arts Commission had recommended denial of the request. During course of discussion it was noted that the City Council had the authority to grant the funds pursuant to Council Policy F -20, Reserve Fund for Culture and Arts. The following persons addressed the Council and spoke in support of the request: Peter Ox, 444 Isabella Terrace, Vice- Presi- dent of SCR's Annual Fund of Board of Trustees Michele Wallan, 11 Greenbriar Lane, Student at SCR Joyce Justice, 1119 Yacht Colonia, Member of SCR Board of Trustees Tim Brennan, no address given Jean Wenke, 3308 Ocean Boulevard Council Member Strauss stated that he has been a "fan" of SCR for a number of years and has enjoyed many of their productions. He stated he will continue to support the organization as a private individual, but did not feel it was a proper use of City funds to grant the request. Council Member Plummer spoke in support of the request. She stated that the Reserve for Cultural and Arts Fund was set up for a purpose and should be used as intended. She pointed out that a number of the people involved with SCR are Newport Beach resi- Volume 37 - Page 217 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALL S��(��G�ii+ June 27, 1983 Pyes Noes Motion All Ayes Motion Ayes Noes • r: volume: Jr - rage uo MINUTES aising �So Coast Rep Request ENS jBicycle Tr CAC 1(24) ng s point- N. Ede & Cmsns (24) neea lass rang .sad that :en selec Ashley Kaliher iritus .sed that i Spiritus °reston .sed that Cope .ray :ropoulos Ln ) Lsed that Is ;ton ;y Bd Lib Trust Cmsn Civil Svc Bd PB & R Cmsn Cmsn dents, and that many of their fund -i events are held in Newport Beach . x x x x The motion was voted on and carried, x x x 4. APPOINTMENTS TO BICYCLE TRAILS CITI, ADVISORY COMMITTEE. x Motion was made to defer the followi appointments to July 11, 1983: (District 1) Council Member Strauss' appointment. (District 7) Council Member Cox's al ment. 5. APPOINTMENTS TO BOARDS AND COMMISSI( x Motion was made to vote for the nom: x x x x x x by secret ballot. x Board of Library Trustees Marcia Fouladi or Gordon f Karen Evarts or Betty S( The Clerk tallied the votes and adv: Gordon Glass and Karen Evarts had bi ed. City Arts Commission Jennifer Woodward or Ervin P; Molly Lynch or Phyllis Bunny Crosson or Susan S1 The Clerk tallied the votes and adv: Ervin Pashley, Molly Lynch and Susai had been selected. Civil Service Board Norman Loats or Donald The Clerk tallied the votes and adv, Norman Loats had been selected. Parks, Beaches and Recreation Barbara de Boom or Barbara Earle King or Debbie ** Diana Springer or Mary Pe * *(unexpired term of Roger Mor The Clerk tallied the votes and adv Barbara de Boom, Earle King and Dia. Springer had been selected. Planning Commission John Kurlander or Greg Bo James Person or Jan DeB volume: Jr - rage uo MINUTES aising �So Coast Rep Request ENS jBicycle Tr CAC 1(24) ng s point- N. Ede & Cmsns (24) neea lass rang .sad that :en selec Ashley Kaliher iritus .sed that i Spiritus °reston .sed that Cope .ray :ropoulos Ln ) Lsed that Is ;ton ;y Bd Lib Trust Cmsn Civil Svc Bd PB & R Cmsn Cmsn CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES \CALL\V y9�jy�9 cGi9+�� ROLL G y��9 �S June 27, 1983 INDEX The Clerk tallied the votes and advised that John Kurlander and James Person had been selected. J. CURRENT BUSINESS: 1. Letter of Resignation from SUE SIMPSON, Member Aviation Cmte of the Aviation Committee. (24) Motion x Motion was made to accept the resignation All Ayes with regret and direct the City Clerk to prepare the appropriate letter for the Mayor's signature. K. ADDITIONAL BUSINESS: 1. Letter from the Ad Hoc Steering Committee Steering Cmte for R /UDAT regarding CITY COUNCIL REVIEW R /UDAT OF R /UDAT REPORT. (24) Motion x Motion was made to accept the subject letter All Ayes of June 23, 1983, and refer the same to the Planning Commission for establishment of priorities and preparation of scope of work for Specific Area Plan for Cannery Village and McFadden Square only. L. ADJOURNMENT: The meeting was adjourned at 2:15 a.m. yor ATTE T: C� City Clerk Volume 37 - Paee 219